Many people think that the Civil War was fought to end …show more content…
A state legislator in Maryland, John Merryman, was arrested for attempting to stop Union troops from going from Baltimore to Washington. His attorney immediately attempted to use the writ of habeas corpus. This was so the federal court could examine the charges. However, President Abraham Lincoln took the action into his own hands and chose to suspend the right of habeas corpus. Because Lincoln made this decision, the general in command of Fort McHenry refused to turn Merryman over to the authorities. This is extremely controversial because federal judge Roger Taney, the chief justice of the Supreme Court, delivered a ruling that President Lincoln did not have the authority to suspend habeas corpus. However, Lincoln still didn’t respond, appeal, or order the release of Merryman. During a July 4 speech, Lincoln insisted that he had to suspend the writ of habeas corpus in order to stop the rebellion in the South. Because of this ruling, many people pair this with the Emancipation Proclamation because they came around the same time. People consider this proclamation to be unconstitutional, but was a needed act for the time