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Ex Parte Merryman

Ex Parte Merryman - United States to suspend the writ of...

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Ex Parte Merryman 1861 I. Facts a. 1861, May 25 John Merryman, of Baltimore county, Md., was arrested, charged with holding a commission as lieutenant in a company avowing its purpose of armed hostility against the Government; with being in communication with the rebels, and with various acts of treason. He was lodged in Fort McHenry, in command of Gen. Geo. Cadwalader. 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. The writ was issued for the 27th, to which General Cadwalader declined to respond, alleging, among other things, that he was duly authorized by the President of the
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Unformatted text preview: United States to suspend the writ of habeas corpus for the public safety. May 27, the Chief Justice issued a writ of attachment, directing United States Marshal Bonifant to produce the body of General Cadwalader on Tuesday, May 28th, "to answer for his contempt in refusing to produce the body of John Merryman." May 28th, the Marshal replied that he proceeded to the fort to serve the writ, that he was not permitted to enter the gate, and that he was informed "there was not answer to his writ." b. II. Legal Questions presented a. b. III. Answers a. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes...
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