The Judicial Process: A Chronology
May 25, 1861
John Merryman was arrested by federal troops at his home in Baltimore County. He was detained by General George Cadwalader at Fort McHenry, near Baltimore. Merryman’s lawyers presented Chief Justice Roger Taney with a petition for a writ of habeas corpus.
May 26, 1861
Taney, sitting in the U.S. circuit courtroom in Baltimore, issued the writ. The marshal for the District of Maryland presented General Cadwalader the writ, demanding the appearance of the general and Merryman before the circuit court. Cadwalader refused to appear and sent the court a letter asking for a delay until he received instructions from President Lincoln.
May 27, 1861
Taney refused to delay and issued a writ of attachment for contempt against Cadwalader. A guard at Fort McHenry refused to admit the marshal or to deliver the attachment to Cadwalader.
May 28, 1861
Taney issued an oral opinion stating that Merryman was entitled to be freed because the President did not have authority to suspend habeas corpus and the military was obligated to turn over to civil authorities any person it arrested if the person was not subject to articles of war, but Taney issued no order to release Merryman.
June 1, 1861
Taney presented a written opinion in Ex parte Merryman.
July 10, 1861
Merryman was indicted in the U.S. District Court for Maryland on charges of treason.
July 13, 1861
Judge William Giles remitted the Merryman case to the U.S. Circuit Court for Maryland.
May 6, 1863
On motion of the U.S. attorney for Maryland, all pending indictments for treason were quashed.
July 28, 1863
Merryman was indicted again in the U.S. District Court for Maryland. Judge William Giles remitted the indictment to the U.S. Circuit Court for Maryland.
April 23, 1867
U.S. Attorney Andrew Ridgely entered a nolle prosequi in United States v. Merryman, thus ending prosecution of the treason case.
Ex parte Merryman and Debates on Civil Liberties During the Civil War