John Merryman

John Merryman (August 9, 1824 – November 15, 1881) was the petitioner in the case Ex parte Merryman which was one of the best known habeas corpus cases of the American Civil War. Merryman was also a militia officer during the Civil War, and a Maryland politician.

Merryman began his work life as an employee in Richard Norris' hardware store in Baltimore City. The following year he moved to Guayama, Puerto Rico to work for his uncle, Samuel N. Gott. Merryman returned to Maryland in 1842 to manage farms and raise Hereford cattle. Merryman married Ann Louisa, daughter of Elijah Bosley Gittings, in 1844. John and Ann Louisa had eleven children. Merryman, a Democrat, served as member and president of the Board of County Commissioners, Baltimore County, in 1857. At the outbreak of the Civil War in April 1861, he was a farmer in Cockeysville, Maryland.

Prior to the Civil War, Merryman was a 3rd lieutenant in the Baltimore County Troops. By 1861 he was a 1st lieutenant in the Baltimore County Horse Guards. Following the Pratt Street Riot in Baltimore, the Maryland legislature voted against secession. However, concerned about further unrest from pro-Southern elements, they voted to keep the railways closed so Union troops could not travel through Maryland on their way to defending Washington, D.C. and other federal enclaves. While carrying out this policy, Governor Thomas Holliday Hicks allegedly ordered Merryman to aid in the destruction of several bridges north of Baltimore.

On May 25, 1861, Merryman was arrested at his home in Cockeysville by Union troops acting under orders of General William H. Keim. Merryman was then taken and confined in Fort McHenry. Merryman petitioned for a writ of habeas corpus, which was granted, in part, by Chief Justice Roger B. Taney. Taney's May 26, 1861 order directed General George Cadwalader, commander of Fort McHenry, (1) to produce (but not release) Merryman for a hearing before Taney to be held the very next day, on May 27, 1861, and (2) to explain on what legal basis the Army had seized Merryman. General George Cadwalader did not produce Merryman. Instead, Cadwalader delivered a response which was read to the court. Cadwalader's response explained that he was acting under orders from President Lincoln, who had delegated authority to the military to suspend habeas corpus. Because Cadwalader failed to produce Merryman, Taney cited Cadwalader for contempt, and ordered the U.S. Marshal to serve an attachment order on Cadwalader. The U.S. Marshal was unable to serve the attachment order, as he was denied entrance to Fort McHenry. Thus, the contempt citation was never adjudicated. Furthermore, Taney declared Lincoln's suspension of habeas corpus unconstitutional (see Ex parte Merryman).

...
Wikipedia