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John Merryman is arrested and imprisoned but not charged, during US Civil War suspension of writ of habeas corpus; case

John Merryman is arrested and imprisoned but not charged, during US Civil War suspension of writ of habeas corpus; case later sparks partial Supreme Court decision against suspension of writ on grounds it was illegally enacted, congress later enshrines the writ, making the decision moot

Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case during the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline to enforce judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.

John Merryman was a prominent planter from Baltimore County, Maryland, who had been arrested at his rural plantation for destroying railroad bridges on which Union troops were traveling.

Historical Significance

Ex parte Merryman, 17 F.

Events Before

  1. Slavery is abolished in the Dutch East Indies for areas under direct rule

    The Dutch East Indies, also known as the Netherlands East Indies, was a Dutch colony with territory mostly comprising the modern state of Indonesia, which declared independence on 17 August 1945.

  2. Willie Park Sr. marries Susanna Law in Inveresk, Scotland

    Willie Park Sr. marries Susanna Law in Inveresk, Scotland

  3. Start of the Pony Express, mail is delivered by horse and rider relay teams between St. Joseph, Missouri and Sacramento,

    Start of the Pony Express, mail is delivered by horse and rider relay teams between St. Joseph, Missouri and Sacramento, California

  4. First Pony Express rider reaches Sacramento, California

    The Pony Express was an American express mail service that used relays of horse-mounted riders between Missouri and California.

  5. Champion of England Tom Sayers and American John Heenan fight a brutal 2-hour, 27-minute draw that ends only after polic

    Champion of England Tom Sayers and American John Heenan fight a brutal 2-hour, 27-minute draw that ends only after police stop the fight near Farnborough in England, acknowledged as the first world title bout

Events After

  1. First Legal Tender Act of 1862 is passed by US Congress, authorizing the United States note (greenback) into circulation

    First Legal Tender Act of 1862 is passed by US Congress, authorizing the United States note (greenback) into circulation, the first fiat paper money that is legal tender in America

  2. First pasteurization test is completed by Frenchmen Louis Pasteur and Claude Bernard

    First pasteurization test is completed by Frenchmen Louis Pasteur and Claude Bernard

  3. Chemist Dmitri Mendeleev (28) weds Feozva Nikitichna Leshcheva at Nikolaev Engineering Institute's church in Saint Peter

    Chemist Dmitri Mendeleev (28) weds Feozva Nikitichna Leshcheva at Nikolaev Engineering Institute's church in Saint Petersburg, Russia

  4. First baseball enclosure opens at Union Grounds in Brooklyn

    Union Grounds was a baseball park located in the Williamsburg section of Brooklyn, New York. The grounds opened in 1862, its inaugural match being played on May 15.

  5. Belgian-French engineer Étienne Lenoir builds the first automobile with an internal-combustion engine

    Belgian-French engineer Étienne Lenoir builds the first automobile with an internal-combustion engine

More from the 1860s

Frequently Asked Questions

What happened on May 25, 1861?
Ex parte Merryman, 17 F. Cas. 144 (C.C.D.
Why is John Merryman is arrested and imprisoned but not charged, during US Civil War... significant?
Ex parte Merryman, 17 F.

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