Ex Parte Merryman
9 Am. Law Reg. 524 (1861)
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Rule of Law:
The Constitution of the United States grants the power to suspend the writ of habeas corpus exclusively to Congress, not to the President. The President cannot suspend the writ nor authorize a military officer to do so.
Facts:
- John Merryman was a citizen of Baltimore county, Maryland.
- At 2:00 a.m. on May 25, 1861, an armed military force entered Merryman's home.
- The soldiers, professing to act under military orders, arrested Merryman.
- Merryman was taken into custody and transported to Fort McHenry.
- He was imprisoned at the fort under the command of General George Cadwalader.
- The arrest was based on general charges of treason and rebellion, without a warrant from any lawful authority or any specific proof presented under oath.
Procedural Posture:
- John Merryman, through counsel, presented a petition for a writ of habeas corpus to Chief Justice Taney, acting as a circuit judge for the U.S. Circuit Court for the District of Maryland.
- Chief Justice Taney granted the petition and issued the writ, ordering General George Cadwalader, the commanding officer of Fort McHenry, to produce Merryman in court.
- In his return to the writ, General Cadwalader refused to produce Merryman.
- General Cadwalader justified his refusal by stating that he was acting under the authority of the President, who had authorized him to suspend the writ of habeas corpus.
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Issue:
Does the President of the United States have the constitutional authority to suspend the writ of habeas corpus during a national emergency?
Opinions:
Majority - Chief Justice Taney
No. The President does not have the constitutional authority to suspend the writ of habeas corpus. This power is vested exclusively in Congress. The Suspension Clause is located in Article I of the Constitution, which is devoted entirely to the legislative powers of Congress, not in Article II which defines the powers of the executive. Historical practice, such as President Jefferson's deference to Congress during the Burr conspiracy, confirms this understanding. Furthermore, English common law, which heavily influenced the framers, reserved the power to suspend the writ to Parliament, not the Crown, to prevent executive tyranny. The President's constitutional duty to "take care that the laws be faithfully executed" requires him to support the judiciary's role, not to usurp its functions or suspend fundamental rights by military order. The military arrest of a civilian when civilian courts are open and functioning is a violation of the Constitution.
Analysis:
Ex parte Merryman stands as a foundational separation of powers case, firmly establishing that the authority to suspend habeas corpus is a legislative power. Although President Lincoln famously ignored Chief Justice Taney's ruling, the opinion has become a cornerstone of American constitutional law, frequently cited for the principle that executive power is not absolute, even during wartime. The case delineates the boundaries between executive authority and congressional power, affirming the judiciary's role in protecting individual liberties against military encroachment when civil courts are operational.
