EX PARTE MERRYMAN
17 F.Cas. 144 (1861)
NATURE OF THE CASE: This was an application for a writ of habeas corpus.
FACTS: Merryman (P) resides in Maryland, in Baltimore county. He was taken at two o'clock
on the morning of the 25th of May 1861, by the military and conveyed to Fort McHenry, where
he is imprisoned by the commanding officer, without warrant from any lawful authority.
General Cadwalader does not deny the facts alleged in the petition. A copy of the warrant or
order under which P was arrested was demanded by his counsel, and refused. It appeared that
P was arrested upon general charges of treason and rebellion, without proof, and without
giving the names of the witnesses, or specifying the acts which, in the judgment of the
military officer, constituted these crimes. The General refuses to obey the writ of habeas
corpus, upon the ground that he is duly authorized by the president to suspend it.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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