| The Body of John Merryman: Abraham Lincoln and the suspension of habeas corpus Subjects: Merryman John 1824–1881 -- Trials litigation etc; United States. Supreme Court; War and emergency powers -- United States; Habeas corpus -- United States; In April 1861, President Abraham Lincoln suspended the writ of habeas corpus along the military line between Washington, D.C., and Philadelphia. This allowed army officers to arrest and indefinitely detain persons who were interfering with military operations in the area. When John Merryman, a wealthy Marylander suspected of burning bridges to prevent the passage of U.S. troops to Washington, was detained in Fort McHenry, the chief justice of the Supreme Court, Roger Taney, declared the suspension of habeas corpus unconstitutional and demanded Merryman's immediate release. Lincoln defied Taney's order, offering his own forceful counter-argument for the constitutionality of his actions. Thus the stage was set for one of the most dramatic personal and legal confrontations the country has ever witnessed. McGinty Brian : Brian McGinty is an attorney and writer specializing in American history and law. |