The American Republic And Its Government An Analysis of the Government of the U
The American Republic And Its Government An Analysis of the Government of the U
James Albert Woodburn
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. 11 r 1 i -r\ Function it is to suspend the writ of habeas corpus. Does to Determine it belong to the President or to Congress to when to , ,, . R . . . Suspend the decide when the public safety requires it? writ of In 1861, a direct conflict arose on this subject Habeas Corpus ? between the executive and the judicial power. In May, 1861, John Merryman, of Baltimore, was ar- rested, charged with aiding armed hostility against the Government, of communicating with rebels, The and of various act...s of treason. He applied Merryman by petition to Chief Justice Taney for a writ of habeas corpus and a hearing. The Chief Justice issued the writ, but General Cadwalader declined to re- spond, alleging that he was authorized by the Presi- dent of the United States to suspend the writ of habeas corpus for the public safety. An attachment could not be executed against the commander by a posse comi- tatus against a superior military force, and the Chief Justice was powerless to release the prisoner by civil pro- cess.
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