Background:
At the beginning of the Civil War, the number of dead
increased daily, much to the public’s dismay. A
force of opposition to the war efforts began to intensify
in the Congress and in the voices of the American people.
Abraham Lincoln, in an effort to silence the southern
sympathizers, or “Copperheads,” suspended
the writ of Habeas Corpus, a clause of the Constitution
that forbids unlawful imprisonment. The suspension of
this clause was first mandated only in the state of Maryland
due to its proximity to the capital, but in September
of 1861, Lincoln ordered the suspension within all the
Union states. With the suspension of this clause, it
was now ordered that Union officials should jail anyone
considered to be an enemy of the United States. One of
the first to be arrested due to the suspension was John
Merryman, a prominent Baltimore businessman and farmer.
Merryman’s attorneys called on Chief Justice Roger
B. Taney to hear the case and free Merryman from the
prison at Fort McHenry. The details of Merryman’s
case were well-documented by the Baltimore Sun newspaper.
Essential Question: Based on the
rights guaranteed in the Constitution, did Lincoln
commit an unconstitutional act by suspending the writ
of Habeas Corpus?
Materials:
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