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Topic: Ex parte Merryman

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	Ex parte Merryman (1861)
		Merryman at once forwarded a petition to Chief Justice Roger B. Taney, reciting his arrest, and praying for a writ of habeas corpus and a hearing.
		Jefferson’s opinion, the suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it.
		For at the time these proceedings were had against John Merryman, the District Judge of Maryland — the commissioner appointed under the act of Congress — the District Attorney and the Marshal, all resided in the city of Baltimore, a few miles only from the home of the prisoner.
	members.aol.com /DrDeSart/3150/merryman.html (2693 words)

	[No title]
		May 25th 1861 John Merryman of Baltimore County was charged with holding a commission as a lieutenant in an organization whose purpose was armed hostility against the government, being in communication with the rebels and various other acts of treason and was arrested by military force.
		Merryman was then detained at Fort McHenry which was under the command General Cadwalader.
		Merryman sent a letter to Chief Justice Roger B. Taney protesting his arrest and demanding his right to habeas corpus and a hearing.
	faculty.adams.edu /~ercrowth/casebriefs/merryman.doc (605 words)

	Ex parte Merryman - TvWiki, the free encyclopedia (Site not responding. Last check: 2007-10-30)
		Lieutenant John Merryman, an officer in the Maryland cavalry, was part of the escort that ejected Union General Wynkoop and his Pennsylvanian forces from Maryland.
		Merryman was at about this time also arrested and imprisoned at Fort McHenry.
		Its legal argument holding that Congress alone may suspend the writ is noted for reiterating the dicta of John Marshall in Ex Parte Bollman (1807) and was recently restated by the Supreme Court in Hamdi v.
	www.tvwiki.tv /wiki/Ex_parte_Merryman (943 words)

	Merryman, ex parte - Hutchinson encyclopedia article about Merryman, ex parte
		Merryman, a Baltimore citizen, received a writ of habeas corpus from the acting circuit court judge, Chief Justice Taney.
		Taney ordered that Merryman be brought to trial or released and found the military in contempt of court when, under the authority of President Lincoln, it refused to comply.
		This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
	encyclopedia.farlex.com /Merryman,+ex+parte (162 words)

	Merryman
		At the start of the war, John Merryman, a prominent socialite, was in Baltimore (an area still in the Union) training recruits for the Confederacy.
		Merryman’s lawyer requested a writ of habeas corpus for the circuit judge for Maryland (Chief Justice Roger Taney).
		For, at the time these proceedings were had against John Merryman, the district judge of Maryland, the commissioner appointed under the act of congress, the district attorney and the marshal, all resided in the city of Baltimore, a few miles only from the home of the prisoner.
	homepages.udayton.edu /~alexanrs/Merryman.html (1179 words)

	Ex Parte Merryman by R. B. Taney, Chief Justice (Site not responding. Last check: 2007-10-30)
		Merryman at once forwarded a petition to Chief Justice Roger B. Taney, reciting his arrest, and praying for a writ of habeas corpus and a hearing.
		Jefferson’s opinion, the suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it.
		For at the time these proceedings were had against John Merryman, the District Judge of Maryland — the commissioner appointed under the act of Congress — the District Attorney and the Marshal, all resided in the city of Baltimore, a few miles only from the home of the prisoner.
	teachingamericanhistory.org /library/index.asp?documentprint=442 (2716 words)

	EX PARTE QUIRIN ET AL
		The law of war includes that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations and of enemy individuals.
		Presentment by a grand jury and trial by a jury of the vicinage where the crime was committed were at the time of the adoption of the Constitution familiar parts of the machinery for criminal trials in the civil courts.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as -- in circumstances found not there to be present, and not involved here -- martial law might be constitutionally established.
	www.uwosh.edu /greatideas/harris/QUIRIN.htm (12179 words)

	Highbeam Encyclopedia - Search Results for ex (Site not responding. Last check: 2007-10-30)
		Milligan, ex parte case decided by the U.S. Supreme Court in 1866.
		Thought to be America's first fl female millionaire, this daughter of ex-slaves was orphaned at 7, working at 10, married at 14, and a widow with an infant daughter at 20.
		EX COMMUNICATION As Sadie and Sienna recently found, a meeting between a man's ex and new partner can be the ultimate test of diplomacy
	www.encyclopedia.com /searchpool.asp?target=ex (730 words)

	Ex parte MERRYMAN Circuit Court
		The chief justice then inquired of the officer whether he had brought with him the body of John Merryman, and on being answered that he had no instructions but to deliver the return, the chief justice said: 'General Cadwalader was commanded to produce the body of Mr.
		It is, therefore, very clear that John Merryman, the petitioner, is entitled to be set at liberty and discharged immediately from imprisonment.
		For, at the time these proceedings were had against John Merryman, the district judge of Maryland, the commissioner appointed under the act of congress, the district attorney and the marshal, all resided in the city of Baltimore, a few miles only from the home of the prisoner.
	www.civil-liberties.com /pages/suspension.htm (3377 words)

	Ex Parte — Infoplease.com
		ex parte Merryman - Merryman, ex parte, case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal...
		ex parte Milligan - Milligan, ex parte, case decided by the U.S. Supreme Court in 1866.
		Ex Parte - Ex Parte (Latin, proceeding only from one of the parties).
	www.infoplease.com /dictionary/brewers/ex-parte.html (147 words)

	opennotes
		Merryman immediately requested a release under a writ of habeas corpus from the local federal district court.
		Although Taney was Chief Justice of the Supreme Court, given the circumstances of the ruling (Ex Parte and district court judge) it was regarded as the views of one man and not a judicial determination.
		Ex Parte Milligan limited presidential authority with respect to the suspension of the writ of habeas corpus, President Grover Cleveland tested the bounds of the executive branch in his response to the Pullman Strike.
	nths.newtrier.k12.il.us /academics/social/opennotes/art705.htm (2751 words)

	Abraham Lincoln and Civil Liberties in Wartime
		Ex parte Quirin has since become the foundation of President George W. Bush's claim that the government has the right to hold "enemy combatants"--even Americans--indefinitely, without evidence, charge or trial.
		On May 25, Merryman was arrested by the military and lodged in Fort McHenry, Baltimore, for various alleged acts of treason.
		The Supreme Court, in Ex parte Quirin, distinguishes Milligan by saying the defendants in Quirin were in the German military but Milligan was a civilian.
	www.heritage.org /Research/NationalSecurity/hl834.cfm (4538 words)

	[No title]
		This was the case of ex parte Merryman.
		Merryman had been arrested for ___________the presence of Federal troops in Maryland and for publicly ___________resistance to those troops.
		The troops were in Maryland to protect the Northern approach to Washington DC and to ___________the state of Maryland from seceding and joining the ___________.
	literacyproject.org /Charboneau/tunits/FreeSpeech/exparteMerryman.doc (495 words)

	Merryman, ex parte - HighBeam Encyclopedia (Site not responding. Last check: 2007-10-30)
		Merryman, ex parte case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal circuit judge in Baltimore, Md. John Merryman, a citizen of Maryland, was imprisoned by the U.S. army on suspicion of favoring the Confederacy.
		The commanding general refused to respect this action, alleging that President Lincoln had authorized him to suspend the writ.
		The discourse of law in time of war: politics and professionalism during the Civil War and Reconstruction.
	www.encyclopedia.com /doc/1E1-merryman.html (355 words)

	SurfWax: News, Reviews and Articles On Ex Parte
		It also includes disclosure of those dreaded "ex parte" communications -- that is, any contact between a commissioner and applicant talking out of school on the proposal that is in front of, or may come in front of, the county.
		This was an ex parte proceeding that I was forced to watch, nearly gagging on the denial of due process that it constituted.
		Special Tribunal, ex parte Akosah (1980) GLR 592, the Court of Appeal considering when the issue of interpretation and enforcement of the Constitution, 1979 under Article 118(1)(a) (the same as Article 130(1)(a) of 1992 Constitution) would arise held: (a) where the words of the provision were imprecise or unclear or unambiguous.
	www.lawkt.com /files/Ex_Parte.html (5347 words)

	[No title]
		Merryman's lawyer petitioned directly to Chief Justice Roger Taney, the author of the Dred Scott decision, for a writ of habeas corpus.
		is, that, in government, the perfection of the whole depends on the balance of the parts, [240] and the balance of the parts* consists in the independent exercise of their separate powers, and, when their powers are separately exercised, then in their mutual influence and operation on one another.
		Each part acts and is acted upon, supports and is supported, regulates and is regulated by the rest.
	ceda-ndt.uchicago.edu /hellaprep/ExParteMerrymanCP.doc (17271 words)

	Habeas Corpus in the Civil War
		Merryman was arrested May 25, 1861, and that day his lawyer filed a petition in circuit court, which was overseen by Chief Justice Roger B. Taney (Supreme Court justices presided directly over circuit courts in those days).
		He ruled that Merryman should be set free, denounced the notion of arbitrary military arrest and defended civil liberties, and pointed out that only Congress had the right to suspend the writ of habeas corpus.
		The significant case was Ex parte Milligan, which reversed and apologized for the Vallandingham decision.
	www.etymonline.com /cw/habeas.htm (2436 words)

	Ex Parte Merryman - Debate on the Web
		Ex Parte Merryman the pres is refusing to do something.
		The problem with exparte merryman is that by refusing to enforce a court decision that remains on the books opens up the possibility that another admin will enforce the decision, or the CP fiats in perpetuity no administration will EVER enforce it.
		i was under the assumption that exparte merryman required that each president also make that declaration not to enforce a decision.
	www.cross-x.com /vb/showthread.php?t=956616 (1281 words)

	U.S. Constitution Can Not Be Suspended
		Neither the Constitution nor the laws of the United States provide for the declaration of a general state of emergency entailing suspension of the normal operations of the Government or permitting derogations from fundamental rights.
		Congress is considered to hold the authority to suspend the privilege; President Lincoln suspended the privilege during the Civil War but sought congressional authorization for his actions.
		Ex Parte Bollman, 8 U.S. (4 Cranch) 74, 101 (1807); Ex Parte Merryman, 17 Fed. Cas.
	www.rhfweb.com /hweb/shared2/suspend.html (614 words)

	Straight Dope Staff Report: What is martial law?
		9 provides in part: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Although the Constitution provides no further detail, several federal court cases, starting with Ex parte Merryman, 17 F. Cas.
		The Merryman case arose during the Civil War when Lt. John Merryman of the Maryland cavalry was arrested for his role in preventing federal troops from Massachusetts from transiting through Baltimore.
		Merryman challenged his arrest and detention, and Chief Justice Roger Taney (sitting as a circuit judge) found that Lincoln had overstepped the bounds of the law.
	www.straightdope.com /mailbag/mmartiallaw.htm (842 words)

	Did President Lincoln suspend the U.S. Constitution? (Site not responding. Last check: 2007-10-30)
		Among the 13,000 people arrested under martial law was a Maryland Secessionist, John Merryman.
		Roger B. Taney, Chief Justice of the Supreme Court of the United States issued a writ of habeas corpus commanding the military to bring Merryman before him.
		Justice Taney, in Ex parte MERRYMAN, then ruled the suspension of habeas corpus unconstitutional because the writ could not be suspended without an Act of Congress.
	www.civil-liberties.com /pages/did_lincoln.htm (317 words)

	[No title] (Site not responding. Last check: 2007-10-30)
		EX PARTE QUIRIN ET AL.; n1 UNITED STATES EX REL.
		P. The offense charged in this case was an offense against the law of war, the trial of which by military commission had been authorized by Congress, and which the Constitution does not require to be tried by jury.
		Eisenberg, 32 N. 2d 450; Ex parte Orozco, 201 F. 106; Ex parte Risse, 257 F. 102; 55 Harvard L. Rev. 1058; 31 Ops.
	hatemonitor.csusb.edu /legal/ExParteQuirin.html (11663 words)

	The Civil War Homefront: Baltimore and the 19th of April 1861
		John Merryman was born at "Hereford Farm" in Baltimore County on August 9, 1824, the son of Nicholas Rogers and Ann Marie (Gott) Merryman.
		Merryman, a democrat, served as president of the Board of County Commissioners, Baltimore County, in 1857.
		John Merryman was arrested by orders of Colonel Yohe as first lieutenant of a secession company who have in their possession arms belonging to the United States Government for the purpose of using the same against the Government....
	www.teachingamericanhistorymd.net /000001/000000/000107/html/t107.html (2369 words)

	JURIST - Paust: Military Commissions - Some Perhaps Legal, But Most Unwise
		Additionally, the Court in Ex parte Quirin recognized that military commission decisions can be “set aside by the courts” when there is “clear conviction that they are in conflict with the Constitution or laws of Congress constitutionally enacted.”
		From his opinion, it appears that presidential power is tied to a war circumstance and law of war competencies such as the competence of an occupying power to set up a military commission to try violations of the laws of war.
		However, Ex parte Quirin involved a military commission set up within the United States, within the convening authority’s field of command, in that case, the President.
	jurist.law.pitt.edu /forum/forumnew38.htm (1135 words)

	Ex parte Merryman biography .ms (Site not responding. Last check: 2007-10-30)
		Also in response to the riots, Mayor Brown of Baltimore and Maryland Governor Hicks declared that they would allow no more troop transfers to go through their territory, and gathered five hundred thousand dollars "for the defense of the city".
		As a cost-cutting measure, the Justices of the Supreme Court had been given posts as circuit judges while the Supreme Court was not in session.
		In the 1861 "Prize cases ", Lincoln's seizure of ships in Confederate ports (part of his attempt to blockade the South) this same process had occurred: Lincoln took an action that he did not have the constitutional power to take, and Congress retroactively supported him with legislation.
	www.biography.ms /Ex_parte_Merryman.html (778 words)

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