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In another Maryland habeas corpus case, just prior to Merryman, Judge William Fell Giles of the United States District Court for the District of Maryland issued a writ of habeas corpus. The commander of Fort McHenry, Major William W. Morris, wrote in reply,
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case "Ex parte Merryman" which was one of the best known habeas corpus cases of the American Civil War (1861–1865).
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The President, under the Constitution and laws of the United States, cannot suspend the privilege of the writ of habeas corpus, nor authorize any military officer to do so. [33] The Merryman decision created a sensation, but its immediate impact was rather limited, as the president simply ignored the ruling. [34]
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
A man supposed to be a Maryland State Militia soldier was detained in Fort McHenry, and Judge Giles, in Baltimore, issued a writ of habeas corpus, but Major W. W. Morris, commander of the fort, wrote back, "At the date of issuing your writ, and for two weeks previous, the city which you live, and where your court has been held, was entirely ...
Maryland was considered one of the five border states at the outbreak of the U.S. Civil War.On April 27, 1861 Lincoln suspended the writ of habeas corpus in Maryland partially as a response to the Baltimore riot of 1861, and in portions of midwestern states such as southern Indiana.