Suspension of Habeas Corpus - Maryland Historical Society

aMARYLAND•HISTORICAL.SOCIETY
Debates Over Suspension of the Writ of Habeas Corpus
Ob.ectiye
Students will learn the definition of the writ of habeas corpus and arguments for and against
Lincoln's suspension of the writ in the Civil War. Students will learn the arguments for and against
suspending the writ in recent habeas corpus cases.
Grade Levels 8, high school government
Voluntary State Curriculum Standards Correlations
Grade 8
1.C.2.c. Examine the use of Presidential power in Lincoln's suspension of the writ of habeas corpus
High School Government
Content Standard 1.A.1. The student will evaluate how the principles of government assist or
impede the functioning of government.
Assessment Limit g. Explain the powers denied to the national and state governments including:
bills of attainder, ex post facto laws and the suspension of habeas corpus in the Constitution
Time Two 45 minute class periods (three class periods for high school)
Background
As a border state, Maryland was caught between North and South in the years leading up to
the Civil War. The state's geographic and topographic diversity resulted in a state whose regions
were very different politically, economically, and socially.
As the sectional crisis intensified, most Marylanders wanted to remain neutral, although they
sympathized with the South. The election of 1860 illustrates this point. Southern Democrat John
Breckinridge, who supported the extension of slavery into the territories, received 45.9% of the vote
in Maryland. John Bell of the Constitutional Union Party, which took no position on slavery and
supported peace and the Union, received 45.1% but carried all but 6 counties, albeit by narrow
margins. Both candidates were from border states and were viewed as moderates who wanted to
restore peace. Northern candidates Abraham Lincoln (Republican) and Stephen Douglas (Northern
Democrat) received just 9% of the Maryland vote combined.
Despite Maryland's sympathy for the South, the state never seceded. Even when Southern
sentiment reached its zenith after a secessionist mob attacked Northern troops passing through the
city in April 1861, Maryland did not move to secede, although it was much discussed. After the
riots, President Lincoln established de facto martial law in Maryland, suspending the privilege of
the writ of habeas corpus and occupying the city with Federal troops. This ended any chance that
the state would actually join the Confederacy.
In response to the arrival of federal troops, Baltimoreans, with the consent of the mayor of
Baltimore and governor of Maryland, burned railroad bridges leading into the area. One of these
participants, John Merryman, was arrested on May 25 and held in Fort McHenry, which served as a
military prison during the Civil War. His lawyers served a writ of habeas corpus to the federal
circuit court, which was presided over at the time by ChiefJustice of the Supreme Court Roger
Taney. At the time, justices would preside over circuits while the Court was not in session, a
practice known as circuit riding that ended in 1869. When Gen. Cadawaler, head of U.S. military
forces in Maryland, refused to present Merryman to the court, Taney wrote the much cited opinion
in Ex Parte Merryman, which argued that the President did not have the power to suspend the writ
of habeas corpus. Lincoln ignored the ruling, and Merryman remained in Fort McHenry through
July 4, when he was interviewed by Secretary of War Simon Cameron, and released sometime
thereafter Congress formally susrnded the writ in 1863.
For additional intbrmation„see:
Cottom, Robert I., Jr. and Mary Ellen Hammond. A House Divided: Maryland in the
Civil War. Baltimore: Maryland Historical Society Prcss, 1994.
Materials
Photocopies of documents and worksheets
Podium or lectern
Advanced l're mration
Make photocopies of worksheets, documents, timeline
Motivation (optional)
Ask students what basic protections people in the U.S. can expect when arrested for a crime, as
outlined in the Constitution. Review these as a class.
Or, split the students into groups. Assign articles from the Constitution and amendments in the Bill
of Rights related to protections related to trial. Have the students write a list of the protections they
can find in 5-10 minutes. Record their responses on the board.
Explain tnat, among the protections outlined in thc Constitution, a very important one is the writ of
habeas corpus.
Procedure
Explain to the students that they will bc examining an important part of the Constitution, the writ of
habeas corpus. Explain that they will look at what this term means, what power the government has
to withhold the right, and debates over the government's use of that power.
Part I: Defining the Writ
Have students rcad and complete thc worksheet "What is habeas cotpus?" Discuss their responses.
Have students read and complete the worksheet "When can the right to petition .* a writ...be
suspended?" Discuss their responses.
Part II: Suspension of the Writ in the Civil War (Day 1)
Explain to students that this right was suspended, right here in Maryland, durim4 the Civil War.
President Lincoln felt the need to allow the suspension of the writ of habeas corpus by military
authorities along the military line between Philadelphia and Washington, in response to events in
this state.
Provide each student with a copy of "The Massacre in Baltimore." Have students read the text at
the bottom, examine the image, and describe what they see. Explain that this event was called the
Pratt St. riots, and is considered the site of the first bloodshed of the Civil War.
Explain to students that they will look at two documents that describe events that led up to the
suspension of the writ. Provide each student with a copy of the "Letter from James Dorsey
Describing the Riots" and the Letter of April 21. Have the students read the document individually
or as a class and ask the students to summarize the events of the day using the worksheet "What
events led up to ..." Discuss their responses.
Explain that Marylanders' loyalties were divided; while it never seceded, there were many
Marylanders who felt sympathy toward the Southern cause. Explain that, as they read, in addition
to the riots themselves, shortly after the riots other action was taken to hinder the movement of
troops through the state. Explain that, on orders from the mayor and police board, members of the
state militia burned railroad bridges to prevent the entrance of troops to Maryland. Among these
militia members was a man named John Merryrnan who was arrested after suspension of the writ.
Explain that they will now read a little bit about John Merryman, to learn what happened to him as a
result of the suspension of the writ.
Have students read complete the worksheet "What happened when habeas corpus was suspended?"
Discuss their responses.
Part III: Debating the Suspension of Habeas Corpus (Day 2)
Explain that the decision to suspend the writ was very controversial. Explain that they will now
read six documents on opposing sides of the question: "Was Lincoln justified in authorizing
suspension of the writ?"
Provide students with the documents labeled A through F.
Students will use the Yes/No worksheet to complete the activity, following the directions at the top
of the page. If necessary, model the activity with the excerpt from Ex Parte Merryman. Students
may complete the activity in pairs or individually.
When students have finished examining their documents, they should record their own response to
the question. Do they believe the suspension of the writ was justified? Why or why not?
Options for Conclusion:
The summary activity for this section will depend on your students. A simple review of the
arguments and the students' positions may suffice, but a semi-formal debate may also be
appropriate, especially if there is a large difference of opinion among the students.
Hand out copies of the "Debate Roles and Procedures" and review these with the students. Ask
students to decide among themselves which group member will perform each role. Explain to
students that the key to a successful debate is not only representing their own argument, but also
refuting the opposing side's argument and evidence.
3
Basic arguments and evidence are as follows:
Side A
Main idea: Suspension of writ is not a specific right of Congress and the state was in rebellion,
which is the appropriate time for suspension.
Sub-arguments:
-revoking this right will uphold other rights
- the influence of rebel leaders could have been restrained had they been arrested by an earlier
suspension
Evidence of rebellion:
-riots and murder of U.S. soldiers
-threats to take over Fort McHenry
-arrival of troops
-debates over secession
Side B
Main idea: Suspension of the writ is a right of Congress, not the Presidency
Evidence/Sub-arguments:
-location of the writ in the Constitution shows suspension is a right of Congress
-action is tyrannical
-innocent people are imprisoned as a result
Ask the students why they think it might be important for them to understand habeas corpus and its
history.
Part IV: Habeas Corpus and Current Events (Day 3, high school government only)
Remind students that some of them (may have) argued that Lincoln was right to suspend the writ.
Tell them that the debate over the right the government has to suspend civil liberties in wartime is
ongoing. Explain to the students that people are currently debating the right to suspend the writ of
habeas corpus today, in the context of the war on terror.
Ask the students if they have heard of Guantanamo Bay or enemy combatants. Explain that, since
September 11, 2007, the government has put into place a variety of methods for capturing and
detaining "unlawful enemy combatants", who, according to the Military Commissions Act is "a
person who has: (1) engaged in or supported hostilities against the United States or its cobelligerents who is not a lawful enemy combatant; or (2) been determined to be an unlawful enemy
combatant by a Combatant Status Review Tribunal. [A lawful enemy combatant is "a member of:
(1) the regular forces of a State party engaged in hostilities against the United States; (2) a militia,
volunteer corps, or organized resistance movement belonging to a State party engaged in hostilities
against the United States; (2) a militia, volunteer corps, or organized resistance movement belong to
a State party engaged in such hostilities, which are under responsible command, wear a fixed
distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
(3) a regular armed force who professes allegiance to a government engaged in such hostilities, but
not recognized by the United States."]—or people the government suspects of being involved in
terrorist plots. A recent action is the Military Commissions Act of 2006, which includes provisions
relating to habeas corpus.
4
Explain to the students that they will now learn about the Act and its relationship to habeas corpus.
Divide the students into two groups. Give group 1 the White House Fact Sheet on the Military
Commissions Act: http://www.whitehouse.gov/news/releases/2006/10/20061017.html
and group 2 the ACLU's fact sheet: http://www.ac1u.org/safefree/detention/29145res20070322.html
Ask each group to explain what the Military Commissions Act allows, according to their sheet.
Consider the differences in perspective. Ask the students where they might look for a more
balanced account of the Act.
Distribute Excerpts from the Military Commissions Act [see www.thornas.loc.gov, search under
Public Laws for Public Law109-366, see sec. 5(a) and sec. 7 (e)]. Ask the students to explain what
the Act provides for and which of the two articles provided the most accurate picture of the Act.
Have students complete the first part of the worksheet Rights of Detainees.
Distribute the article Senate Rejects Expanding Detainee Rights:
http://abcnews.go.com/Politics/wireStory?id=3626039
and Supreme Court Hears Guantanamo Arguments:
http://www.npr.org/templates/story/story.php?storyId=16962449.
Ask what measures the Senate and Supreme Court are taking to address the rights of detainees.
Have the students complete the second part of the worksheet Rights of Detainees.
Ask the students whether they would support allowing habeas corpus rights to detainees,
considering the limitations on suspension of habeas corpus outlined in the Constitution. Ask them
if they consider this a time in which the public safety requires it, and which of the views expressed
in the articles they most agree with.
Extension Activities:
Have the students write an editorial to a local newspaper expressing their opinion about President
Lincoln's suspension of the writ.
High School Government Only:
Have students follow the debate over habeas corpus rights for detainees. Ask students to make a
scrapbook of at least one article per week related to detainees, habeas corpus, the Military
Commissions Act, etc.
Research Hamdi v. Rumsfeld and Hamdan v. Rumsfeld. Using Justice Scalia's dissent in Hamdi,
record other instances in which habeas corpus has been suspended, and research a selected case.
Have students imagine themselves as Roger Brooke Taney. Would he have supported the Military
Commissions Act, based on his arguments in Ex Parte Merryman? Ask students to write a response
to President Bush in Taney's voice.
5
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Merriam-Webster's Main Entry: ha .be .as corpus
Etymology: derived from the Latin phrase, meaning literally "you should have the body," used as the
opening words of a legal order to jailers to bring the prisoner to court
1 : a legal order for an inquiry to determine whether a person has been lawfully imprisoned
2 : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
So...what do you think that means? What is habeas corpus?
What does habeas corpus protect?
Response:
When can the right to petition
for a writ of habeas corpus be
suspended?
U.S. Constitution
Article 1: The Legislature
Section 9: Limits on Congress
The privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it.
When can this right be suspended? What are some examples of times when you
think it might be justified to suspend the writ?
Response:
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What events led up to the suspension of
habeas corpus?
Using the documents provided, describe two events that took place before Lincoln's suspension of the writ.
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Letter from James Dorsey to Levin Richardson
Maryland Historical Society MS 1405 Levin Richardson Papers
Balt Friday Night April 19th
Dear Sir
We have had a bloody tradegy in our city to day. Some troops from Boston
were passing through to Washington when they were attacked in Pratt St. with
stones or pistols, some two or three were killed, when they returned fire and killed
some ten or twelve citizens. It has caused a great excitement here. The stores were
all closed a town meeting called which was [....] by the Mayor the Governor and
several others. You will find a detailed account in the paper I send you. The Gov
& Mayor had ordered no more troops from the North to pass through here. We are
now to be in continual excitement, our city will doubtless be the battle ground, and
I would like for Sally & the children to come down and stay awhile with you. But
she will not consent to leave me behind, and you know that I would not think of
leaving in time of trouble. It may be now and I think it very likely that every man
will be called to defend his home and fireside which I am very willing to do....
I will try to take care of myself for the sake of those whom God has given me,
otherwise I should feel but little came from my life now that our country has gone
to ruin. ....
James Dorsey
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Buito. 2 tt April, /861
My Dear Sister
onA of the zest astonishing performances recorded in history, Faryland
hss fully redeenod her tPrnished c'len,ctor, end eld Paltini.re msy new hold up her
heed agaim, The proudest city west of the Atlantic. That whiell the united efroe;r
of our statesmen were untb/e to de has been triumphantly accomnlished by the.
people by a sort of snont s'neous combustion. Besides what the rapers will 'Lt.:II
you I suppose you will like to hear sone of the details as gained from personal
observation. All last week we were apprehend/1v trouble here from The lasses
without knowing from which side it rculd come. Cohsequentlywn were keeping
strong guard at our armory ard hAd east, a -rig flag, the hoisting of which was te
ct-11 all our non to the emery at once. Frida-v was to he :1;3t first day of guard mounting end mithout being able tc sAy why I had had s presentiment that it wants 'be
•
the particular tlay of the season. ';':hon ot six in the morning I went on duty with
15 ot b ers, trd I as well as the whole Battalion have pretty mop beeu on duty
ever se picking up rP.st the 'f-est wavwe could. (Bill Eurray told me this afternoon that for three days and nia:hts he ha ,1 not had his clothes off, or slept a wink.
' ve 'never seen. ) '
11:n1 I ma y sty of hin g lee that c truer wan ir tire e dang e r I h.lA
But to return. Abuut 9 o'clock Friday morning ners ,:;IA brought to us (for we could
not go out) thtt 2000 nem fror Pow York wore at the Fhiladolpnia depot and were
going to pass through the city - ard thtt the citizens were pullin. up the railroad
track on Pratt Street and 'lere g,inv: to stop them. IA half past 11 our c..ptain was
notif',e d twat bef,re 12 y e wculd be called eut as the Iolice had notified the
Con:7issionors t >lst they coull net keep the mob dcrn. This you mi.'y imagino gvo us no
little trouble ,';:s we were on the side of the mob, and we were sorely exercised in
nind as to how for cur duty reuired us to go in the mater. I will sAy for our credit, however, that me resolved twIt if called out we would
do cur 'est to nut dc g 'n the nob short of firing on then. In a few minutes ovr men cam
runhios: ir fearfully excited ard crying, "They :ere rLrin g. on cur people in the streets
snd sho,:tin7 them down like D g s.' Then care C-le news.'' Frank Ttrd, eno of our men, i
shot de'td." And thew followed such a scene as pee could not describe. l'en insisting
that if the bAtttlion would not turn out they would tcke the guns and go on their
own hook. This of course would have beer nadness.
Up te this tine we only had three of the guard stt-tionsthe rest being in"
reserve but W e hzd fertumtol y twelve of our zuskets loaded with ball cartridge.
f,r d the nort nonent the alarn was tivan that a desperate crowd were below, come
to teke our arg ory. "Ftll in gur;rd Everyone of you," shouts the Car7,in. 'Take
the lotdel euws fic-A to the door and defend it with your lives." Off we reShed
and get around half way -leen, where our three men were stationed, when we met the
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infuriated mass. Fortunstelywe met them in a marrow passage, and by up :=ith our man with bayonets pointed at then we kept them off till Col. Brush-care.
On seeing him they imcdittely dentnded that he .s_ould 'fling out the flag:" that
re must fight the enemy ourselves or they must have cur guns. This vas just what
we wanted. Against the real eneTy we wore crozy to march. Fut the Colonel
steadily refused until he should receive orders frow the Naynr. In n short time
heard hir sing out below. "Now then - ThraT out the flag.' And such a shout
as went up would have done your heaM'ts good. I'll undertake to say that never a
flag rvs flung to th.e breeze wit'e suoo' a will as ours 'was ou tbat occasion. 'Their
th i nk-I ng ; t was of course for the purpose of ':oing to fight the northern soldiers.
Wt-s on guard
The next hour a f ter that was one of the most excitingever passed. at the street door, and to see our follows rushing in fro y..i tll sides, with their
fir7-; resolved feces 1..-ad esfr,eracse to avanme the murder of our citizens was
o ,arething for petrictism to fa ,-..„2 dn. L11 eur':.ect Iver en were thern looking az
cucumbers end reelv fer the fight. At the same time armlicants for
cool
(7,11strirt crowded en us, and ven were sc anxiouz to get in t':',at it We.F. as ruch
as we cculzi 1* to keep them off. Cld men would come tAd with tears in t'neir eyes
beg us to trke them alor,g. Others mould come ati ask for their suns or brothers
to hid then go dbyo and sone of the parting scazos were really affectinL-7.
this time the firhtimm spirit of Baltimore wes fully roused, 5O the p-pers will
snow you, but before anything could be .1cme, the enemy had escaped, part by -aay
04' -Washington and the other part back to Philtdelphia. The rest of the incidents
of the day you will :rot frog the papers. But be assured it WOE' e thing to live
for,:to see t /erne teem like thia that up to this ti .;ae atd '-eem on the eve of
civil war in its own nidst, nritirg tine-174 to a man, in *#,* emo corner cause, and
that cruse the one I lulve hod at heart so long. The first fload shad in cur
Etreots a rt-Uri the vexed ouestism and tha uniun cause Is dead in Yaryland. How
zular it is that this affair so similar an inridsnt to th r battle of Lexington,
shoul d have haut..eted i the snriverserv of that tattle.
•
Scene No. 2. lbout half pest two that night I was oronsed by a violont
pulling at the street hell, and geire., to the window was hsiled by coo of our non
with ,".:111 our -,bem are ranted at once at the armory - acme mere soldiers ere
coming through.' This awinde like battle indeed, omd by the tiae I n, oi, i nto the
street I found our rem were abeut, hurrying in from ell sides. The soone al- the
armory was smlendid - every ran at hit v•st and evidently received to do s•ms
desperste deed. A. body of thirty men , of leich T was. forturote cuouth to be
ors, Woo imvelietely detailed to do work which ought to rake us fauous. 1m
face of the renertar7 expectation of the srrival of 1700 men from rhiladelthia
wo 7., ors sent with about 30 of the police, ut to 7arris Creak to burn the bridge if
ressil‘ls "refors the cars g ot there, end to,keep the enemy in play till the
bridp:o was destroyed. J.fter a olappiag march of cver two miles we rew6hed the
thar, no time it vas kin/ rimbt day-with blaze. Before tbe
i-ridlre, and in 1
de rt murt i on of it w-c col-Inlete ve heard the whistle of tha cers and in a .wanent
up the7 came and halted. I doubt ench if onv men in our cop lpsmy gown-tea c.a mon,
than five wdnutes ef life from that tire, and yet ranits reek could not have stood
firnr ther thev did. 0ffimers and, men had come there to kill tine while the
bridre burned, and but for an nnforseen event, I truly believe ThermenTlae would
-ITO hr-d a rival.
The t evr rt ne7, tbe nem arrival_ of the impected troops but :eimg told they
wore cu-e ir-- on ir s rpeciaI tmin, we toa pOeSer,31‹.41 (If thn trwlm 7hich hal z,;ust
anii started off to bura the brilces on the resd, provided we did_ rot
ar
tRa
slo-oly, till 'e
meet the ener:y he the meentio r, ,
wont to work anl burnt that down, :elver) and then
brif.ge (a.t,
takirr rtre to 1,hoo ourselves on tae side tmards town, the7 we sere down to the
Gunp,w1(r rri17e and burnt t g at 4nd then we started for town tIs inking we had dere
very snort tRing. And I dan tell you, you n,uld think the soldiers ard citizens
thought so too if yuu had heard them cheer us as we returned to the arvcry.
Leat Aight We were called sut*gain en special duty and 100 of us were eent
decn te within a half * mile of Fort Iktlienry to prevent 4n attack on it that
right - the people ore in a steteef excitement that makes them ready for amp.thing and we wore informed that )14ely were going do-on to attodk the fort ,e and
knoring that tbe attempt must be a. failure we were ordered cut ta step it. 74
did mot a:et hack till half pmst one last right. Te are regalArly 1..1i service maw
and tre 1, e required to wear uniferA and equiPment wherever wo go, etm4 os we never
know when we are to be called out.- This morning three of us amongst ethers left
What happened when habeas
corpus was suspended?
Characters
Justice Roger Brooke Taney: Supreme Court Chief Justice
sitting on the United States Circuit Court in Baltimore
John Merryman: prominent Baltimore County farmer who participated in burning of railroad bridges
From Ex Parte Merryman
Chief Justice Roger Brooke Taney
...[John Merryman] resides in Maryland, in Baltimore County. While peaceably in
his own house, with his family, it was, at two o'clock, on the morning of the 25th of May, 1861, entered by an armed force, professing to act under military orders. He was then compelled to rise from his bed, taken into custody, and conveyed to Fort McHenry, where he is imprisoned by the commanding officer, without warrant from any lawful authority....
The case then is simply this. A military officer, residing in Pennsylvania, issues an order to arrest a citizen of Maryland, upon vague and indefinite charges, without any proof, so far as appears. Under this order his house is entered at night; he is seized as a prisoner, and conveyed to Fort McHenry, and there kept in close confinement. And when a habeas corpus is served on the commanding officer, requiring him to produce the prisoner before a Justice of the Supreme Court, in order that he may examine into the legality of imprisonment, the answer of the officer is, that he is authorized by the President to suspend the writ of habeas corpus at his discretion.
What happened to John Merryman? What was the result of the suspension of habeas
corpus?
Response:
aMARYLAND•HISTORICA•SOCIETY
Focus Question: Was Lincoln justified in suspending the writ
of
habeas corpus?
Directions: Read documents A-F in order. As you read each, determine if the author
agrees with Lincoln's suspension of the writ or not. Record the letter of the document,
the opinion expressed, and the evidence presented under the corresponding category
below.
Yes
No
Document:
Document:
Reasons:
Reasons:
Document:
Document:
Reasons:
Reasons:
Yes
No
Document:
Document:
Reasons:
Reasons:
What do you think? Based on your understanding of the documents you have read,
what is your opinion? Do you think Lincoln was justified in suspending the writ of
habeas corpus? Why or why not?
Your opinion:
Reasons:
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Encountering Maryland's Past Volume 3: Rights and Responsibilities in History PAGE 58
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Encountering Maryland's Past Volume 5: Rights and Responsibilities in History PAGE 64
Alnyland Hislotice/ Socie(7
‘)Oc
Ex Parte John Merryman
Chief Justice Roger Taney
1861
...As the case comes before me, therefore, I understand that the President
not only claims the right to suspend the writ of habeas corpus himself, at his
discretion, but to delegate that discretionary power to a military officer, and
to leave it to him to determine whether he will or will not obey judicial
process that may be served upon him.
I had supposed it to be one of these points of constitutional law upon
which there was no difference of opinion, and that it was admitted on all
hands that the privilege of the writ could not be suspended, except by act of
Congress.
...The clause in the Constitution which authorizes the suspension of the
privilege of the writ of habeas corpus, is in the ninth section of the first
article.
This article is devoted to the Legislative Department of the United
States, and has not the slightest reference to the Executive.
M
!he May tenet Of ottr Circuit Court 'tette
news to-enorow, with a large docket..
`rands McNernany, Eem, has been appoited
: clerk in the place or, A. Donon oo, who
left the city.
t'aptePatrick H.King,of the National Gnare
.tation, hes beea promoted to the rank of
joie
[Correspondence of the Baltimore Sure
Sttexerrierea, Vs., Dirty t
peen:ince of the City—Military Afroirs—Resigt
'alien of ,Majer Tyler-11r! Washington ail
were ..P.Jout Co.I.ast —Senator, Mason,
de.
etar city presents a quiet and sedate sepect
this time, with the exception of a few min.
•y companies which are now stationed here,
so go through the reeular drill daily; and .
o at night. Among the military here is Capn Eilward Powell's company of earalry, ete
tong. Capt. P. is a son of the late Dr. Vette.
Powell, Of Our city. Capt. Thornton Tript, of Kentucky, who was re renytry incem•
et at the seat of 'government, -has eesigned
Venetia clerkship, and hat a company contine of abaci/ GO strong, "The Irish \ MuttArtillery." Capt. WM It- Powel l . Who
resiened his commaseion in the lete
S. N. is here oftering the Sa/SIP pay of the
S. N. tor recruits, Major Henry Tyler. of
e marine corps, who succeeded the tete Mat Hewitt, is now here on his way to the place
his nativit y., Ile resigned it day or two ago.
to Dr.14"A'-n . WiteittingtOn;' panted tereiet,
t sort:tont in the U. S. N., a son cif the late
,hn iff, 'Washington, who was lost On the San
•enteitto. end who served with great slietteee
ir the 'Mexican War,
Ner.7: Zt!1 the Northern sttulemta at the Theagecai Seminary near Alexandria have left
r pert* aid:Kowa. Cadet Thomas Ro Wand.
plow oe Ore late L. ''. Mnson, Governor of
lebiran,elals resigned his commission SI
est Pearaftend'ime returned to bie home near'
ezandria. Some "Vade'te rs si gned ret the
tee time, and, strange to say, a Northern
det named Anderson refused to make the
th, and alio resignedFlentior Meson was heron few nighte ago.00
I the Virainians'and Southern men eenerally
tee the federal metropolis for this place. G.
s
[Correspondence of the Baltimore Sum).
Lannee pin Apritee leet.
terine of . tsclesfry—The Po.ising
Ottenan Coetpronee,
in shoes like these.I take fee greeted that en
m from oor once Lthiving village may be of
me entereet. We are torely affected by the
.erd tenet.," as our cotton faetery ront nut
tee date& te a week, and the Laurel termini*
op,wrinse hands were once counted by hit dode, new emplo ys but three or neer Merl
res. dries per weik.
We have & fate opportunity of viewing the
rthern soldiers es they per. s here on their
ty to the national metropolis. The railroad
idge at this Sint MD is vigilantly guarded by
rrt, buttt day and night, Some of them ore
re at rereable, anal our citizens mingle freely
tb 'them sod diecnes with ihem the objecte
their mitsion, wheie others of them, eepi.
ally the German etimpaniee from Washing.
I, ere O tierteettrIng and disgusting in their
havlor towards our citizens, and not even
r ere exempted from their ineuttee—
hen remonstrated with, their reply le: "We
et talk much English, but we can talk with
es," pointing to the musket.
rbe formation of a nsilitary company hes
en completed here,one hundred and twenty.
:ht men having enrelled themselves in the
home 0 merdee under the following oflecers:
ravel Pillion. cayman; June. Nth Hattup,
torment; .e. Triereettr, rtd doe cies,. W.
NI do.: Dr. J. Cron:antler. sergeote B.
zcuitough, let sergeant; T. Ji Talbot, ed
S. lineal!, 3d do.; T. N. Youtuelst coroaral;
“ z. 4". /4 011 tuat. ote
confidence iei that speedy restoration of the
hermony and oniey of the government by
firm ret jtaet andeiberal policy, co-eperatieg
with the deliberate aed loyal action of the
American peoplee
M. Thottveeel ;expressed his pleasure et
this assurence.
I further said that the President regretted
that the events going on in the United States
might be productive of :tome possible incon •
rill iv nce to the peOple and subjects of France,
but he wee deterreined that thole incon reniemcee shall he made as light and transient es
stowable, and so far as It may rest with laim,
, that ail etrangere who mey surrer any Injure
f rom them shell be indemnited. I:mid to him
t that the Preeident thought it not improbable
that nn appeal would be made before long by
the Confederate States to the foreign powers,
and amongst others to the gorernm ent of
France, for the recognition of their iudepen dence; that no such appeals having yet been
mede, it was premature and out of place to
diee less tray of thetpoints involved in that delicate and Inaporeent inquiry, but the government of the 'United States deeired the fact to
that whenever any such application
'435n be made it will he met with opposition
from the minister who shalt then represent that
poe t Ternent et %hie court.
said to him that my mestion n: this Court
would ver3• soon terminate, and I-should have
woollicial connectible with theztestion
t iei pated might bette r opt:in:4.e demand
of the Confederate States for recognition of
their indeptudeitie. That my place would
attota be supplied hy a distinguished citizen of
the State of New Jersey, a gentleman who
possessed the confidence of the President,
who fully sympathized in his public views,
end Who would doubtless come folly instruct.
ed as to the then wishes and views of the got:ernmeet .of the ...United States, and .that the
only rennet t u-hatch I avoidtt "nolo •Milik[`and
with which I Wottld'elose all I had tir-say
the controverey, was that no proposition re.
r. ornizirir the permanent dismemberment of
the AineriCan UniOn shall be considered by the
French government until the arrival and reeeption of the new minister eccredited
Untied Stales to thie.court,
e7. Thou erne! itt repl y. eakt thAt n')
ilea had as yet been Made to him by thee/eonfeelerateeStates ire any form for . the recegni.
lion Of their' indepentleece. Thai the Veen ch
government was mot In the habit of aeting
hastily upon sncheenestione, as might be seen
• by irs tardiness ithrecotenizing the new Ringdurn .of Italy, That he believed the maintell-•
ante of the federal Union in its intogrity was
to be desired for the benett ot the people of
the Nortreend South, as Well ea for the intert et Freece: and that ehe goverement of the
ntited States miglit rest Well assured that no
esty or precipitate action would be taken on
that eubjeet by thet Emperor. But whilst he
cave utterance to these views be was equelly
hound to eay that Me practice and usage of
the peettent center, had fully established the
ri ht of dt facto governmente to recognition
ten a proper care %TXm made out for the decision of foreign pewers, litre the oteCial to.
tem iew ended.
The converse:diced wes then further protracted by an inqnlryfrom M.Thonvenel when the
ewe-tariff would go Into operation, and whether it WU to be regarded as the settled police
of the govermnenti I - told him that the firth
of the present mohth feed been prescribed as
the period when the new duties would take
erect; that I had not yet examined its prote.
stone with such care as would justify rne in
pronouncing en opinion upon its merits; that
it wee condemned hys the commercial deafest
or the cuusstey, and LILet C hoot no dos.
the dit content mintifesteal in se veral quartere,
teat tee eubject would engage the attentints of
Congreee et its next meeting, toad probably
Preaident of the UnitedStates entertains a frill
*Mtl.
to /a 1
111.
lartalt devotion at tee national treasure in this
great eel:lee. Tell M. Thouvenel, then, with
the higliest consideration and good feeling,that
the thought of a dissolution of this Union,
peaceably or by force, has never entered into
the mind of s ny candid smut-men here, and it
ta hi g h little that it he disfeiesed by statesmen
in Europe.
I am, sir, respectfully our ob't serv"/Wm, H. SetuArtn,
LP",
LOCA L MATTERS:
The Habeas Corpus Refutat.—On Saturday it
was stated that e habeas corpus, issued by
.1 udge Gilet, of the United States court, tor
she worrender of the body Of John G. Morten,
has been refused by the commandant of Port
hicHenry, On Saturday Judge G. isened the
following
the court After quoting the tatie of the case
e says: n tbis case a petition was presented
to Ine, in the usnat form, etating s that John G.
Mullen was itIegall tietained at Fort :delivery, in this city, by the onicer cornmentling
at that tort; that dm ta id John G. Mullen was
only twenty yeare of ace, and had be-en enlisted
ss- ltbonj the consentef his father, Geo. Mallen,
who united in the petition, and made affidat it
to the truth of the fame stated therein,. and the
petition closed with the prayer for the writ of
hal,e4s cornet. In the dieeharge of the duty re.
q tared of me by the laws of Ole United States,
upon the presentation of euch a petition, I ordered the writ of eateas corp.. to be iseued,,to
he te Cie comma/taring officer' et Fort l'OcIienry, corn mandoig tem to produce before
me, at ten o'clock this morning, in the District
Court room in this city, the body of said John
G. Mullen, with the cause of Me confinement,
at the bone mentioned for the return ol the
seed wilt. The deputy maishal who hail been
sent down to serve the writ, Bled in this (loam
this morning an affidavit stating that it heel
been 'served tni ith ornery who clairneddo
the Officer IM ev;ion
sand ,Jcir,naid, fort, aedwhot
elemegteenesho v the said-writ'. ,"This is the lest time within Dly ea perien ce
of thirty-three years at the bar and on the
bench that the writ of hatierr.t r4eput ha-,
failed ha this State to procure Obedirosf jui its
!! !!!: iâ i ti every freemarl
that the Constitution of the country Las, -with
great cam, provided 'Mat it shall not be Ells
pended uniese, when in case of rebellion or
invasion, the public eafety mey require ite
erith no sespenrion or this writ by cumpattent
authurity—with no proclareetion for its SUS,
pensioe by any one claiming to possess inch
pewee, wath DO state of affairs existing as
would authorize its enepeitaion—the court
femme, with deep regret, that an *Meer of the
United States Array has thonght it his aluty•to
ref use obedience to the writ. Unwilling te
nerravate existing ereitemerit by more
diets action, the court will at present only pass
an order that the commanding officer at Fort
McHenryehow eauseecnor before Wedneeday
next, the 'oh inst., at ten o'clock, why at at.
tachment should not issue against him for tee
refneal to obey the uid writ,' and the court
sincerely hopes that in as-flail like the present
--Iviser counsels may prevail at the pore anti
that no nrineceettery conflict of enthority May
be brought in between those Owing Allegiance
the s3me government and bound by the
me laws.e
rmios City Courention.—Ort Friday night art
election took place in the several wards, and
on Saturday theee delegates organized a City
Union Convention, et Temperance Temple,
Gey street. At noon the body 'wee temporarily organized by calling Thomas S. Aieeander,
Esq., to the chair, and appointing J. A. Met.
re man secretar y . On the call of the warda
was found that -seventy-one persons answert.d,
but a number of the delegates refueed to enter
their tames t end declared that their election
hat1 been informal, John Evans moned the
eppointment of a committee, with the presit
01 two Dank note., the property of Daniel Cons
nelty. Jostiee Showacre held him to bell in
the sum of eeete to answer aft:tether examtnanon.
The Law Perade.—The regular law parade
of the military takes placeeo-day. The Arty:
third reit/merit will forntoxeMonumentsquarte
the rine regiment on Holliday street, and the
fifth regiment, artillery and'eavalry, on Gay
Erect- A brillient display I. anticipated.
-andel — George really Was arrested yes.
terday by policeman Clinton, charged with
as/seta/Ong and striking Thomas White. Justice :4 clea ghtin committed him for court. JO&
Wesley was arrested by policeman Sit:me/one
chariest with aseatalung and treating George
Moran. Jet-mire Ensor held hien to basil to keep
the peace.
Correction..-111 the notice published on the
1st inst. of en aseanit on (hien Thompson by
James McFarland, it was erroneously printed
James Mc Fant.
.
Proceeding* of the Courts.
Crewin g / Coure—J ge d .— A re !Weald
Etirlirse, Esq., proseentIng. Augustus John.
son, charged 'tub inciting a mob on Pratteet.,
on Feeley. April leth; guilty—fined ihe/ and
costs. 14 In. MeGwire, charged with rioting
on Pratt street; jetty trial granted. Mark Ho.
gan, charged with rioting a.t the Philadelphia
depot, and.. striking policeman Poole with a
brick: g uitty— imprieoned six months and fined
Sin and costs. Patrick Colline, Jr., charged
with inciting:a riot at President sr depot; jurs•
trial granted, Richard Brown, charged with
the same offense: guilty— irnprtsotaed three
months and fined Cm and costs. Lewrence
Kelly, charged with aseaulting Patrick Cosgrove. irr.prironed two Weeks and fined ett and
coate. Wm. See riot:rough, charged with assault
on Matthew Dodo!: ue; recognsunce forfeited.
John Hatay, charged with ammo lting and kicking his wife. Imprieoned three deys. Andrew Etaenbreclit„ charged with riot at, the
t•Tbiladelphia: depot: Coittintatof. Jervf
man, c o nvicted of larceny, wait' sentenced to
the pe nitentiary for the term of three years,
John T• Owe n s, charged with an assault einem
L'eiira Moore with a club. Continued. Wm,
Irvin, negro, convicted of larceny, wait
be :OA crsl t Qt. c iii^k t j
fOr
years. Peter Ford, convicted of larcene, Wee
sentenced to the penitentiary for the term of
one Montle John Steitheconvicted Of !arca.
ny, was senteneed to the penitentiary for twee'
j ef rr. Jacob Williams, negro, larceny. Sen.
tented to he sold out of the Stare for eighteen
months. George Williams, negro, larceny.—
Stetter ced to be sold eut of the State for eighteen Month.. LUrilada Berney% and Elizabeth
Jones, ne gressee, Were each sentenced to he
sold in the Slate for three years—having been
convicted of larceny, Augustoe Sprigg, negrO,
sentenced to be weld in theState for four years.
Lawrence Flynn, convicted on Seturdey lest
of riot, wee sentenced to Imprisonment for at
months and fined /NO sad CORM,'
Ci t y Cirenit Court—Judge Krebet—The fol.
wing business occupied Saturday;
George W. Cook and ELnebeth H. Uoog
wife A e. Jaccb Fouder, of Cerroll county.
Habeas corpus heretofore granted, commandtng Jaciab Pender, of Carroll county, to bring
ante court the bodies of Noses H. Ponder and
Frances Ponder, the offsprieg of Elizabeth H.
Cook, tformerly Elizabeth H. Pouderel by
a;.- feernerit of parties was withdrawn.
N. Conn vs, Thomes C. James, warden of
Baltimore city jail Thomas C. James, the
arden of Baltimore city jail ; produced the
body cl 24. Conn into con rt, in compliance with
the writ of habeas corpus, sad it appearing to
the coon that the said II.Conn Was illegally
detained, Owing to the commitment not being
according to law, he was discharged from cont
Mi t-Mt-Dm and relen lied from CIL Codyntocie tie Baker vie Philip Pi:alter; a bill for
di t ot ee .4 'aort ae et thorn dismissed, Injunction,
and re eeteer discharged by agreement of
witeseit.tsnona,:lee'llia-146:ana.
—
,41nahniag bar Malre, Via AA&
'of On Orono. soppoosa la he a
an nasal .14 Own
owl &odor Cary.,
facer. IL. W.
Zees
Pendergast.
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t large U.A.111hgbe,,
Neaten.
Sale Cortina; floksie.-• DIM
I n a te of bones Id toot. I SM', tallsnaido, of afiw 51s,
ann.. with ton wr lionsoppgatis
st.snii. it
t•.
14.Ip Jam Cur., of sad Ise
g.../na
In, 14.14 CS, low
. ' este atilwarni.•
was mews ;ma int; log„
gonorrhoea&
Ship Waning sggr,
FA, re proi AMA
*new awl*. row. , for *
t).
Bann. Tease. Xissooty. Inn
at rentanasos Wort-% rah, go
rag., *Inaba, I nee lan.
**II nth sad Wird tete r
Sche. D.C. Alat.h.41, Att.e, f
Senn tt..1 on.
&I.e.& a 14:og, eastresin,
niini tut-. Mel...owl 54 Ian.
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hh-r•re, lannioll. I
tirk.,•o4
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N.... York t.i n.0.4 te. run,
.Y•T,
60,, A. II.
AAW5
•I osros.ad
fi arilett, Xartioti,
ran sit.
rais
Innioni i p Sas. vetoes, Han
Si-tir n a. C., !noir J..... at
liinimti.11.9. at X...
AIL IU TWA faC,
Art.r. 514 Feats**. tasilitn.
?<Oa. IL W. Pm
e•
Rainer. Ulla., Al
PA..ttAGE FOR
reaAtnIere gen be
C. 8TE V ENS. whet
he of Bay. Ens hes ten
tiono. Ap P ly AO , JA.e
spaS-I ll
STEAM F
:11/2/1!.so5.rroN TO
trete]) ettiCOTlet
The idento Royal Mad
pear sill dispatch item It
TUESDAY, Ai
Their sew anti enegeiheem
N. Plow ' s. €
Tore:ere-et et, Johns to Is
stales orrassete hom Ne,
Fii,t entail to Oalway,
•Eirst cabin to et. jot;
Third cabala . ..to Getwey
lilassow, or auy to*
on a railway-Persons taking passage s•
shier:ill receive fru pas
ilostort.
011 E.—Persons arts
friends frnm the Old Coen -
TICX F.T5 AT VERY LO
ith farther infermatiou
BOWL.A.ND A A
<
Or to
JOG,
Mo,
Mao
164 Salto
FOR II
Aror".1.
ND LAN
reba.,=1.A.
lit
The Steamboat VIRGIN
g • Or, le area Beinenote
STA leET font of Berry *
A F TER NOO N
ar fuer et.
841e7"1
loaves Ligt
WEDNESDAY anti eAT
South River Ur o'clock
for Annapolis.
P. 8.—For Sassafras R1,0
Friday moreite at 7 o 'char p,
!o'clock. returning Thorp.
teasiult GC:mg .:now* at
FOR t
ADE SI vs)
.8.11-TIMIORA
'
De
On end idler WEDNES
LA NCAETER.ocepteent TeFA Its
te-ere and nf
C0
The Baltimore Sun
May 6, 1861
LOCAL MATTERS.
The Habeas Corpus Refusal.—On Saturday it was stated that a habeas corpus, issued by Judge Giles, of the United States
court, for the surrender of the body of John G. Mullen, has been refused by the commandant of Fort McHenry. On Saturday
Judge G. issued the following order, to be entered on the record of the court....
"This is the first time within my experience of thirty-three years at the bar and on the bench that the writ of habeas corpus
has failed in this State to procure obedience to its mandate. It is a writ so dear to every freeman that the Constitution of the
country has, with great care, provided that it shall not be suspended unless, when in case of rebellion or invasion, the public
safety may require it. With no suspension of this writ by competent authority—with no proclamation for its suspension by
any one claiming to possess such power, with no state of affairs existing as would authorize its suspension—the court
learns, with deep regret, that an officer of the United States Army has thought it his duty to refuse obedience to the writ.
Unwilling to aggravate existing excitement by more immediate action, the court will at present only pass an order that the
commanding officer at Fort McHenry show cause, on or before Wednesday next, the 9th inst., at ten o'clock, why an
attachment should not issue against him for his refusal to obey the said writ; and the court sincerely hopes that in a crisis
like the present wiser counsels may prevail at the post, and that no unnecessary conflict of authority may be brought in
between those owing allegiance to the same government and bound by the same laws."
Pr
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Letter from Major W. Leonis, 4 th U.S. Artillery
to Hon. William Fell Giles May 6, 1861
Fort McHenry Md
Monday 6 th May 1861
Hon. William Fell Giles
Judge of U.S. District Court
For the District of Maryland
...and now I wish most respectfully to inform your Honor that I regard the writ of Habeas
Corpus as the very basis of free government and that under all ordinary circumstances I
am very ready to acknowledge the supremacy of the civil authorities. But as you admit
the Constitution of the United States has provided that this writ of Habeas Corpus may be
suspended in case of rebellion if the public safety requires it. You however allege that
there is "no such state of affairs existing as would authorize its suspension." On this point
it is with respect that I am compelled to differ from so eminent an authority; and I am
further constrained to add that the question is one of fact rather than opinion.
At the date of issuing your writ and for two weeks previous, the city in which you
live and where your court has been held was entirely under the control of revolutionary
authorities; within that period United States soldiers while committing no offense had
been perfidiously attacked and inhumanly murdered in your streets; no punishments had
been awarded and I believe no arrests had been made for these atrocious crimes; supplies
of provisions intended for this garrison had been stopped; the intention to capture this fort
had been boldly proclaimed; your most public thoroughfares were daily patrolled by
larger numbers of troops armed and clothed at least in part with articles stolen from the
United States; and the federal flag while waving over the federal offices was cut down by
some person wearing the uniform of a Maryland soldier. To add to the foregoing an
assemblage elected in defiance of law but claiming to be the legislative body of your
state and so recognized by the executive of Maryland was debating the forms of
abrogating the federal compact. If all this be not rebellion I know not what to call it. I
certainly regard it as sufficient legal cause for suspending the writ of Habeas Corpus...
...I claim to be a loyal citizen and I hope my former conduct both official and private will
justify this pretension. In any condition of affairs except that of civil war I would
cheerfully obey your order and as soon as the present excitement shall pass away I will
hold myself ready not only to produce the solider but also to appear in person to answer
..vya....vt st y./ (Nu.—
Letter from Major W. Leonis, 4 th U.S. Artillery
to Hon. William Fell Giles May 6, 1861
for my own conduct, but in the existing state of sentiment in the city of Baltimore I think
it your duty to sustain the federal military and to strengthen their hands instead of
endeavoring to strike them down.
I have the honor to be
Very Respectfully
Your obedient servant
WW Leonis
Major 4th U.S. Artillery
Comdg the Post
Vocabulary
Perfidiously: adv. Acting in a way that is treacherous
Assemblage: noun A collection of people or things; a gathering
Abrogating: verb Abolishing, doing away with, especially by authority
Doc.
THE LETTERS OF PRESIDENT LINCOLN'. 13
y asion, the public safety may require it," is the provision which specially applies to onr present case. This provision plainly attests the
understanding of those who made the Constitution, that ordinary
courts of justice are inadequate to "cases of rebellion"—attests their
purpose that, in such cases, men may be held in cstody
whom the
ji
courts, aeting on ordinar y rules, would discharge. Ilabeas corpus
"does not discharge men wbo are proved to be guilty of defined crime;
and its suspension is allowed by the Constitution on purpose that men
may be arrested and held who can not be proved to bo guilty of defined crime, when, in eases of rebellion or.invasion, the public safety
may require it." This is precisely our present caso .--, a case of rebellion, wherein the public safety does require the suspension. Indeed,
arrests by process of courts, and arrests in eases of rebellion, do not
proceed altogether upon the same basis. The former is direeted at the
small per-eentage of ordinary and continuous perpetration of crime;
while the latter is directed at sudden and extensive uprisings against
the Government, which at most wilt succeed or fail in no great length
of time, In tho latter ease arrests are made, not so much for what
has been done as for what probably would be done. The latter is
more for the preventive and les
,, the vindictive than the former.
In such cases the purposes of , e lmueh more easily understood than in cases of ordinary crim t - " *'-' man. who stands by and says
--) t,.,40,
s.7.1ei4i
nothing when the peril of his
- g meat is discussed, can not be
misunderstood. .1f not hindered', sr"'V ',. sure to help the enem y ; much
more, if he talks ambiguously—talks for his country with " buts," and
"ifs," and " ands." Of how little value the constitutional provisions
I have quoted will be rendered, if' arrests shall never be made until
defined crimes shall have been committed, may be illustrated by a few
notable examples. Gen. John U. Breckinridge, Gen. Roliert E. Lee,
Gen. Joseph E. Johnston, Gen. John 13. Magruder, Gen. -William B.
Preston, Gen. Simon B. Buckner, and Commodore Franklin Buchanan, now occupying the very highest places in the Rebel war
service, were all within the power of the Government since the Rebellion began, and were nearly as well known to the traitors then as
now. Unquestionably if we had seized and held them, the insurgent
cause would be much weaker. But no one of them had then coinmitted any crime defined in the law. Every one of them, if arrested,
would have been discharged on habeas corpus, were the writ allowed
to operate. Ia view of these and similar cases, I think the time not
unlikely to come when I shall be blamed for having made too few arrests rather than too many.
By the third resolution, the meeting indicate their opinion that
military arrests may be constitutional in localities where rebellion
actually exists, but that such arrests are unconstitutional in localities
where rebellion or insurrection does Tict actually exist. They insist
va_a_ea
(1). L„e",,,,fr.-
rN,,-C-J---(3)1)4 `./(c,
Cv- 6-0 -
5
•------e=---:_se-e s.—
have had no cause for P xuhation when the petition
of sigh t was signed, or the habeas corpus act passed, I stitutiou, but this may be tolerated when purwhieh, under this opinion, would have been worth ;I poses of corruption and oppression are not suponly so much blank paper as they were enrolled I ; posed to be intended, when a eolemn duty only ia
on. It assumes that all provisions of the Con- supposed to prompt a little largeness of construethin, some straining of the Constitution for a purstitution are inferior to that which imposes upon I pose
of high patr i o t ic id/ ty urhinh tii7g11;r,ILN at.
him the oath of office and that the power implied ,tlano.pr of
the eve nle But breaches in the Confrom that oath override
s all other powers and pro-, stitution once
ma c, others are more easy; and
N mums with which it may come in conflict; and
soon its enemies, with the worst purposes, rush
so this great zeal for the preservation of the Con- 1
taiteition makee it a thing of wax, to be twisted in to its destruction. s to the necessity in fact t or
and molded at the discretion of the Executive, ratheras to the danger to the country ofpermitting
to go at large those persons who have been arinstead of an inexorable fundamental law of the
rested by order of various military men under the
• ' land. beyond the reach of President or Congress,
and oely to be altered by the people in prescribed alleged authority of the President—I know many
form and mode. I regret tn be obliged to say all of these cases, and can confidently say that many
this, becaese I have always had great respect fur of the persons arrested are wholly without any
utlleral
or or evil.
not on17 the private but the professional character
y Wi I enve any po ica impor
n f the k ltoroy
n
Gpilertil
Equally unfounded in law or fact is the alk- a nce which they may acquire solely from the blunby which they have been made into politfga tion that th
e suspension of this constitutiomd ders
ical martyra. Many of them covet political inprivilege by the Preaident was neersaarv.
fluence no more than they do the restraints upon
I anow twit never before in the history of this
c ce.intry has it been deemed necessary to suspend their liberty. They wonder at the baseness of the
the habeas corpus even by Congress• that thou h unknown informer and the follyotof the zealous
agent of t.he Executive; but are n
t e less indigupon a messa
e of Mr. Jefferson to Congress, I nant at the disregard of law andg constitutional
duringthe alleged
treaso nableconspiracy ofilaro» ! privilege which leaves them without the time-hen, Burr, the Senate did pass sueh a bill, (in secret , orcd remedy for the wrong they suffer in the desession, think,) it was rejected overwhelmingly privation of their liberty.
by the House of Re pre sentatives—the vote being So too, sir, these
visits which ar e
113 to 19. I know, too, that Mr. Sefferson, that e trnUy m violation domiciliary
of a provision of the Consti -
„sea apost e of erty, whom so many gentkmen
n, are sought to be j'ustifled by necessity. here profess to revere as the founder of the politlet us see where these things are done.
ical creed in which they place the most implici
ere,
so far as I ans informed, except in the
confidence and faith, declared himself, at the ver
f Maryland, unless there be some excep-
time of the formation of the Constitution, ae opin the State of Missouri. I believe there
posed to any suspension whatsoever, even by
been some in that State. I recollect to have
legislative authority, of the privilege of the writ
of habeas corpts; declared himself in flivor of its seen one or two cases of a suspension of the hahca-s
eternal and unremitting force; and, sir, I ;very carpus there; hut chiefly it has been exercised in Maryland , loyal State—a State proved in its Icymuch incline to think he was rieht I doubt v iy, a
ty, a State whose remarkable quiet now, under
much whether the g,00d to be effected h3r its sus- allillegel Red oppressive practiceeis
, the hest proof
pension, in any condition of thinas in wh' h
s
ld ;g of her ioyalty and her submisaive
couive
country can be placed, will be at all ocommenstuness. Indeed whatever of disloyalty there may
rate wnh the evil r el—le s-ll y
4hile•-•4'esse be in the State of Maryland to the TJnion grows out
‘,11 necessity, which is an odious of
theee very abuses—the suspension of, the habeas
idea, known for h undredsofyears as " the tyrant's
plea"—a plea by which you may overthrow all COITUS executi ve authority, and these .umiechs
nonstitut io nalprovisions—if that plea is efficient sary, sometimes absurd, and always irritating
here; if that is it justification for a violation of domiciliary visits and searches, which yield no
benefit whatever, and tend only to irrita
ins provision of the Constitution, it is Neatly a public
lion, oppreseion, and mischief.
ustification for any and all violations of IL Sla
It wrts but the other day that some officer of
well inky you justify the President for breaking. A -olunteerrei
. not know who—marched some
into the Treasury and taking from it all the millime hundred of his men from a point in one of
lions and the very last dollar in it, not in pursuho counties in Maryland tu another, a little vilance of appropriations made by law, but without.
age, where there are about the same number of
ppropriations, and in the face of uppropriations
esidents, of every description. This little village
de for other purpeses, that he may apply it as
ound iteelf invested by three hundred armed men
hinks needful; as Well may yon do that, under
arly in the morning. There was a double ob'e t•
plea of necessity, as justify th yin lision o search for arms, which were not to be found;
he habeas corpus under this pies.
incline to t o search houses where there were no arms; and
case would , t n arrest one party, perhaps two, one
or whom
often be much stronger than it would be in regard
to the suspension of the personal right, of the sit- ; t vaa arrested and carried to a military cam p out of
;eon. Indeed, sir, the greatest danger is to be u he county. Well, sir, two houses were particapprehended front infractions of the 'law which o larly designated as proper to be searched. One
them was the house of a gentleman of the bar
seem to be sanctioned by good motives. It isnot i o ff distin,guished
ability uud high cultivation; and
asy in other Mites to make breaches in the Con- ith ough r
believe he is an extreme southern man
Ooc--
4
"Passage th.rough Baltimore." Etching by AdalBert Volck, 1861. Allan Pinkerton's agents recommended that President-elect Lincoln slip through
divided Baltimore in the dead of night, thus
prompting Volck to pick up his poison pen.
MHS
Primary Source #17
Special Collections Department
Permission to reproduce this document is granted
for educational purposes only.
Encountering Maryland's Past, Volume IV: Revolution, Reaction, Reform in History, PAGE 102
MARYLAND•HISTORICALSOCIETY
Debate Roles and Procedures
Roles
Judges
Judges time the debate and determine a winner. The winning side will not only be the
most persuasive but will also be the side that follows the rules of its roles. Judges also
provide a brief outline of the Merryman case at the start of the debate.
Speakers
Opening Argument: Provide basic outlines of the argument, without specific evidence.
Rebuttal: Provide specific arguments against the opposing side.
Closing Argument: Summarize the arguments offered by his/her side, without
introducing new evidence.
Remaining group members will offer arguments in an open exchange, making sure to
speak only once until every other group member, excluding the speaker making the
closing argument, has spoken.
Procedures
Side A Opening Argument (2 minutes)
Side B Opening Argument (2 minutes)
Side A Rebuttal (I minute)
Side B Rebuttal (1 minute)
Open discussion (10 minutes)
Side A Closing Argument (I minute)
Side B Closing Argument (1 minute)
MARYLAND•HISTORICAL•SOCIET
Debate Worksheet
Opening Argument Main Idea:
Evidence:
2.
3.
4.
5.
Closing Argument Main Idea:
Rights of Detainees
Part I
What does the Military Commissions Act allow for or prevent, based on the
article provided?
What does the Military Commissions Act allow for or prevent, based on the
text of the Act?
Part II
Based on the articles Senate Rejects Expanding Detainee Rights
and Supreme Court Hears Guantanamo Arguments, what are the
arguments for and against expanding detainees' access to habeas
corpus?
For
Against
Fact Sheet: The Military Commissions Act of 2006
THE WH FITE HOUSE
P RESIDENT
EORCE W. BUSH
Page 1 of 2
is1-4 CL/Ek HERE TO PRINT
For Immediate Release
Office of the Press Secretary October 17, 2006
Fact Sheet: The Military Commissions Act of 2006
p President Bush Signs Military Commissions Act of 2006
p In Focus: National Security
(r.1 g&pario1)
"It is a rare occasion when a President can sign a bill he knows will save American lives. I have that privilege this
morning. The Military Commissions Act of 2006 is one of the most important pieces of legislation in the War on
Terror. ... And now, in memory of the victims of September the 11th, it is my honor to sign the Military
Commissions Act of 2006 into law."
- President George W. Bush, 10/17/06
Today, The President Signed The Military Commissions Act Of 2006, Which Will Preserve The Tools
Needed To Help Save American Lives. This bill will allow the CIA to continue its program for questioning key
terrorist leaders and operatives like Khalid Sheikh Mohammed - the man believed to be the mastermind of the
9/11 attacks. This program has been one of the most successful intelligence efforts in American history, and the
Military Commissions Act will ensure that we can continue using this vital tool to protect the American people for
years to come. With this bill, America reaffirms our determination to win the War on Terror.
The Military Commissions Act Will Also Allow Us To Prosecute Captured Terrorists For War Crimes
Through Full And Fair Trials. With this legislation, those believed to have orchestrated the murder of nearly
3,000 innocent people on 9/11 will face justice. We will also seek to prosecute those believed to be responsible
for the attack on the USS Cole and an operative believed to have been involved in the bombings of the American
embassies in Kenya and Tanzania.
The Military Commissions Act Will Allow The CIA To Continue Its Program For Questioning Terrorists
When The President Proposed This Legislation, He Explained That His One Test For The Bill Congress
Produced Would Be Whether It Would Allow The CIA Program To Continue - And This Bill Meets That
Test. It allows for the clarity our intelligence professionals need to continue questioning terrorists and saving lives.
This bill:
• Provides legal protections that ensure our military and intelligence personnel will not have to fear lawsuits
filed by terrorists simply for doing their jobs;
• Spells out specific, recognizable offenses that would be considered crimes in the handling of detainees - so
that our men and women who question captured terrorists can perform their duties to the fullest extent of
the law; and
• Complies with both the spirit and the letter of our international obligations,
The CIA Pro ram Has Saved American Lives
Were It Not For This Program, Our Intelligence Community Believes Al-Qaeda And Its Allies Would Have
Succeeded In Attacking The American Homeland Again. Information from terrorists in CIA custody has played
a role in the capture or questioning of nearly every senior al-Qaeda member or associate detained by the United
States and its allies since this program began. The CIA program helped us:
• Gain vital intelligence from Khalid Sheikh Mohammed and Ramzi bin al Shibh - two of the men believed to
have helped plan and facilitate the 9/11 attacks;
Fact Sheet: The Military Commissions Act of 2006
Page 2 ot 2
• Break up a cell of 17 Southeast Asian terrorist operatives being groomed for attacks inside the United
States;
• Uncover key operatives in al-Qaeda's biological weapons program - including a cell developing anthrax to
be used in terrorist attacks;
• Identify terrorists who were sent to case targets inside the United States - including financial buildings in
major cities along the East Coast; and
• Stop a planned strike on U.S. Marines in Djibouti, a planned attack on the U.S. Consulate in Karachi, and a
plot to hijack passenger planes and fly them into Heathrow Airport and Canary Wharf in London.
The Military Commissions Authorized By This Legislation Are Lawful, Fair. And Necessary
With The Military Commissions Act, The Legislative And Executive Branches Have Agreed On A System
That Meets Our National Security Needs. In the months after 9/11, the President authorized a system of military
commissions to try foreign terrorists accused of war crimes. These commissions were similar to those used for
trying enemy combatants in the Revolutionary War, the Civil War, and World War II. After the legality of this
system was challenged and the Supreme Court ruled that military commissions need explicit authorization by
Congress, the President asked Congress for that authority - and Congress provided it.
###
Return to this article at:
http://www.whitehouse.gov/news/releases/2006/10/20061017.html
CLICK HERE TO PR/NT
Page 1 of 2
American Civil Liberties Union : Fact Sheet: Military Commissions Act
Become a card-carrying member of the ACLU
[Mei/
ATOlari°A
sate 02
Fre e
_
-51
AMERICAN CIVIL LIBERTIES UNION
Safe and ree
Restore Our Constitutional Righ
Home Safe and Free Detention
Fact Sheet: Military Commissions Act
The Military Commissions Act of 2006 gives the president absolute power to decide who is an
enemy of our country and to imprison people indefinitely without charging them with a crime.
Eliminates due process.
This law removes the Constitutional due process right of habeas corpus for persons the
president designates as unlawful enemy combatants. It allows our government to continue to
hold hundreds of prisoners more than four years without charges, with no end in sight.
Rejects core American values.
Habeas corpus, the basic right to have a court decide if a person is being lawfully imprisoned, is
what separates America from other countries. To do away with this American value makes us
more like those we are fighting against. It is time to restore due process, defend the
Constitution, and protect what makes us Americans.
The last Congress was asleep at the wheel.
The only thing scarier than a government that would take away our basic freedoms is a
Congress that would let it happen. Congress must correct that mistake and restore habeas
corpus and due process, and define enemy combatants as only those who engage in hostilities
against the United States.
Permits coerced evidence.
The act permits convictions based on evidence that was literally beaten out of a witness, or
obtained through other abuse by either the federal government or by other countries.
Turns a blind eye to past abuses.
Government officials who authorized or ordered illegal acts of torture and abuse would receive
retroactive immunity for their crimes, providing them with a 'get out of jail free' card.
Makes the president his own judge and jury.
Under the Military Commissions Act, the president has the power to define what is — and what
is not — torture and abuse, even though the Geneva Conventions already provide us with a
guide.
Congress must fix the Military Commissions Act.
By giving any president the unchallenged power to decide which non-citizen is an enemy of our
country — and eliminating habeas corpus due process for them, we allow the government to
imprison people indefinitely without charging them with a crime. It is time for Congress to
restore due process, defend the Constitution and protect what makes us Americans.
Learn More About t
Action and Watch a
of the Rally >>
THE FACTS
> About Habeas Cor
> About the Military
Commissions Act
> Bills to Restore Ha
Fix the MCA
LEARN MORE
> The Military Comm
and Habeas Corpus
NEWS
> BLOC- Guantanan
Road to Closure
> ACLU Applauds Hi
Services Hearing on
Due Process Rights
> Thousands gathen
Capitol Hill to Restor
Justice
> House Lawmakers
Bill to Restore Habe
MILITARY COMMISSIONS ACT FACTS
> Printable Version (pdf)
> Download: ACLU Legislative Priorities 2007 (pdf)
GET INVOLVED
> FINDHABEAS COI
American Civil Liberties Union : What You Should Know About Habeas Corpus
Page 1 coI 2
AMERICAN CIVIL LIBERTIES MON
Home Safe and Free Detention
What You Should Know About Habeas Corpus
What is Habeas Corpus?
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects
against unlawful and indefinite imprisonment. Translated from Latin it means "show me the
body." Habeas corpus has historically been an important instrument to safeguard individual
freedom against arbitrary executive power.
Why Did Congress Pass the Military Commissions Act?
In June 2006, the Supreme Court found in Hamdan v. Rumsfeld that military commissions at
Guantanamo created by President Bush were invalid. The court said that the rules violated
Common Article 3 of the Geneva Conventions regarding the treatment of detainees being held
indefinitely.
r,
ty" f"./ baor-yPi
gall
/}r
4
SAFE AND FF
At,
After the decision, President Bush asked Congress to pass legislation that would make the
military commission trials legal and strip detainees of their due process habeas rights — which
they did by passing the Military Commissions Act right before November 2006 elections.
How Does the Military Commissions Act Take Away Habeas Rights?
Section 6 of Military Commissions Act strips any non-citizen, declared an "enemy combatant"
by any president, of the right to be heard in court to establish his or her innocence, regardless
of how long he or she is held without charge. This habeas-stripping provision applies to the
detainees held in U.S. custody at Guantanamo Bay and elsewhere. It violates the Constitution
and basic American values.
Is it Constitutional to Strip a Person of Their Habeas Rights?
No, Section 6 of the Military Commissions Act is unconstitutional and will eventually be struck
down by the U.S. Supreme Court. Several cases challenging the law are already working their
way through the courts.
The establishment of the writ of habeas corpus. the prohibition of ex post facto laws...are
perhaps greater securities to liberty and republicanism than any [the Constitution]
contains."
- Alexander Hamilton. Federalist Paper No. 84
What Can I Do?
Two bills have been introduced in Congress that would restore habeas corpus rights — the
Restoring the Constitution Act of 2007 (H.R. 1415, S. 576) and the Habeas Corpus Restoration
Act (H.R. 1416, S. 185). Help us: Urge members of Congress to cosponsor and support this
vital legislation and spread the word in your community:
Learn More About t
Action and Watch a
of the Rally >>
THE FACTS
> About Habeas Cor
> About the Military
Commissions Act
> Bills to Restore Ha
Fix the MCA
LEARN MORE
> The Military Comm
and Habeas Corpus
NEWS
> BLDG: Guantanan
Road to Closure
> ACLU Applauds Hi
Services Hearing on
Due Process Rights
> Thousands gathen
Capitol Hill to Restor
Justice
> House Lawmakers
Bill to Restore Habe
GET INVOLVED
• Write a letter to the editor about the elimination of Habeas Corpus and the other
problems in the Military Commissions Act. Get the word out through newspapers,
newsletters, blogs, personal websites, academic publications and more.
• Take Action through ACLU Action Alerts. Join the ACLU Action Network to find out
important ways that you can take action to help restore the Constitution. You'll keep up
> FINDHABEAS.001
MILITARY COMMISSIONS ACT OF 2006
[(Page 120 STAT. 260011
Public Law 109-366
109th Congress
SEC. 5. «NOTE: 28 USC 2241 note.» TREATY OBLIGATIONS NOT ESTABLISHING
GROUNDS FOR CERTAIN CLAIMS.
(a) In General.--No person may invoke the Geneva Conventions or any
protocols thereto in any habeas corpus or other civil action or
proceeding to which the United States, or a current or former officer,
employee, member of the Armed Forces, or other agent of the United
States is a party as a source of rights in any court of the United
States or its States or territories.
SEC. 7. HABEAS CORPUS MATTERS.
(a) In General.--Section 2241 of title 28, United States Code, is
amended by striking both the subsection (e) added by section
[(Page 120 STAT. 263611
1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection
(e) added by added by section 1405(e)(1) of Public Law 109-163 (119
Stat.
3477) and inserting the following new subsection (e):
- '(e)(1) No court, justice, or judge shall have jurisdiction to
hear or consider an application for a writ of habeas corpus filed by or
on
behalf of an alien detained by the United States who has been
determined by the United States to have been properly detained as an
enemy combatant or is awaiting such determination.
— (2) Except as provided in paragraphs (2) and (3) of section
1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no
court, justice, or judge shall have jurisdiction to hear or consider
any other action against the United States or its agents relating to
any aspect of the detention, transfer, treatment, trial, or conditions
of confinement of an alien who is or was detained by the United States
and has been determined by the United States to have been properly
detained as an enemy combatant or is awaiting such determination.".
(b) Effective «NOTE: 28 USC 2441 note.» Date.--The amendment made
by subsection (a) shall take effect on the date of the enactment of
this Act, and shall apply to all cases, without exception, pending on
or after the date of the enactment of this Act which relate to any
aspect of the detention, transfer, treatment, trial, or conditions of
detention of an alien detained by the United States since September 11,
2001.
I he Associated Press: Senate Rejects hxpanding Detainee ftights Ap Associated Press
Senate Rejects Expanding Detainee Rights
By ANNE FLAHERTY - 5 days ago
WASHINGTON (AP) — The Senate narrowly rejected legislation on Wednesday that would
have given military detainees the right to protest their detention in federal court.
The 56-43 vote fell four shy of the 60 votes needed to cut off debate on the bill, cosponsored by Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa. It was a blow for human
rights groups that say a current ban on habeas corpus petitions could lead to the indefinite
detention of individuals wrongfully suspected of terrorism.
President Bush and conservative Republicans counter that the ban, enacted last year, was
necessary to stem the tide of legal protests flooding civilian courts.
Among the 56 senators voting in favor of expanding detainees' rights were six Republicans:
Specter, Olympia Snowe of Maine, Chuck Hegel of Nebraska, Richard Lugar of Indiana,
John Sununu of New Hampshire and Gordon Smith of Oregon.
Leahy said he would try again to repeal it, although he was not sure when he would get
another chance.
"The truth is that casting aside the time-honored protection of habeas corpus makes us more
vulnerable as a nation because it leads us away from our core American values," Leahy
said. "It calls into question our historic roll as a defender of human rights around the world."
In 2006, Congress passed and Bush signed into law the Military Commissions Act, which
established a military-run tribunal system for prosecuting enemy combatants. The provision
barring habeas corpus petitions means that only detainees selected for trial are able to
confront charges against them, leaving most military detainees in custody without a chance
to plead their case.
Sen. Lindsey Graham, R-S.C., one of the architects of the law, said the system includes
checks and balances to determine whether a person is being held unlawfully. Granting a ban
on habeas corpus petitions would allow terrorism suspects to go "judge shopping" around
U.S. courts to find a sympathetic ear, he said.
Added Sen. Jon Kyl, R-Ariz.: "Never has such an unprecedented legal right been granted to
a prisoner of war or detainee."
In June, the Supreme Court agreed to consider whether the ban on habeas corpus petitions
is constitutional, although no argument date has been set.
Specter, the lone Republican to co-sponsor the bill, has said he anticipates the court will rule
the ban unconstitutional.
Habeas corpus "is a constitutional right that has existed since the Magna Carta in 1215," he
said.
(This version CORRECTS Smith's first name to Gordon.)
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Supreme Court Hears Guantanamo Arguments
Nina Totenberg
December 6, 2007
www .npr. Or
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The question facing the court is whether the detainees have the right to go into the U.S.
courts to challenge their detentions, using the constitutionally guaranteed procedure
called a writ of habeas corpus. The Founding Fathers put the writ into the Constitution as
a check on the government's power to arbitrarily put someone in prison.
But the Bush administration, backed by the federal appeals court in Washington,
contends that the detainees have no constitutional rights because they are being held
outside the United States, and that even if they do, the Constitution allows suspension of
the writ of habeas corpus if an alternative is put into place that is adequate and effective.
The Bush administration argues that Congress approved just such an alternative when it
stripped the courts of the right to hear the detainees' habeas corpus challenges. The
detainees, however, counter that the system for evaluating them is so rigged as to be
unconstitutional because they are denied lawyers, denied access to much of the evidence
against them, and because the Combat Status Review Tribunals are subject to command
influence and presume the government's evidence to be accurate.
Justices Samuel Alito and Ruth Bader Ginsburg wondered whether detainees held at
other bases in Gei many or Iraq, for instance, would also have a right to habeas corpus.
[Former Solicitor General Seth] Waxman said that Guantanamo is different because it is
the only place where U.S. law has exclusive jurisdiction.
[Solicitor General Paul] Clement reiterated the government's argument that never before
in the history of warfare has a U.S. prisoner of war had a right to challenge his detention
with a habeas corpus petition in the U.S. courts.
"The problem with your prisoner-of-war point is, the United States is not treating them as
prisoners of war. That argument, on the government's part, is entirely circular," said
Justice [David] Souter.
Justice Alito then posed this question: "If the court holds that the [Detainee Treatment
Act] is not an adequate substitute for habeas, what will happen? Will these petitioners
then have access to all of the procedures that normally apply in habeas proceeding...? The
same right to discovery, subpoena, witnesses, access to classified infolination, presence
in court?"
"The government will certainly take the position that they are not entitled to those
things," Clement said. "Presumably, the petitioners will be arguing that they are entitled
to those things. And there will be difficult questions that will need to be worked out."
The final argument of the day was the rebuttal from former Solicitor General Waxman.
The writ of habeas corpus, he contended, has always allowed prisoners to challenge their
detention if they claim they are not warriors and are being wrongly held. The current
system, he argued, does not allow for such an argument.
Timeline
March 3, 1861
April 12, 1861
April 19, 1861
36th Congress closes its second session
Shots fired on Ft. Sumter, first engagement of Civil War
Pratt St. Riots: Massachusetts soldiers attacked on transport through Baltimore
State militia burns railroad bridges to prevent transport
of troops
April 27, 1861
Lincoln orders the writ of habeas corpus be suspended
along the military line between Philadelphia and
Washington
May 25, 1861
Soldiers arrest Baltimore County resident John
Merryman for burning railroad bridges
May 1861
Justice Roger Brooke Taney writes Ex Parte Merryman
July 4, 1861
37th Congress opens its first session
March 3, 1863
Congress authorizes suspension of the writ of habeas
corpus
Session Dates for Con ress 1861-1863
Congress
36 th
Session
2nd
37th
1 st
2nd
Dates
December 3, 186-0=M-arcIF3,
July 4, 1861-August 6, 1861
December 2, 1861-July 17, 1862