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.
"The Body of John Merryman" is the first book-length
examination of this much-misunderstood chapter in American history.
Brian McGinty captures the tension and uncertainty that surrounded
the early months of the Civil War, explaining how Lincoln's
suspension of habeas corpus was first and foremost a military
action that only subsequently became a crucial constitutional
battle. McGinty's narrative brings to life the personalities that
drove this uneasy standoff and expands our understanding of the war
as a legal and not just a military, political, and social conflict.
"The Body of John Merryman" is an extraordinarily readable book
that illuminates the contours of one of the most significant cases
in American legal history a case that continues to resonate in our
own time.
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