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'History 'History" Trails Baltimore County Historical Society This publication is indexed in the PERiodical Source Index Agriculture Building published by the Allen County Public Library 9811 Van Buren Lane Foundation (PERSI). Cockeysville, Md. 21030 ISSN 0889-6186 Editors: JOHN W. McGRAIN and WILLIAM HOLLIFIELD VOL. 24 WINTER 1989-1990 NO. 2 The Merrymnn Aff ir by Thomas F. Cotter During the Civil War there was a popular Southern song entitled "John Merryman." This was in reference to a case heard before the federal courts in Maryland. It started as a local issue but developed national ramifications when it brought President Lin- coln into direct conflict with Chief Justice Taney. When Abraham Lincoln took the oath of office on March 4, 1861, the country was on the verge of a crisis. Seven Southern states had already seceded from the Union and others were threatening to follow. On April 15, 1861, the President took immediate, unprecedented measures. He issued a proclamation declaring the existence of an insurrection and called on the states to place 75,000 militia into federal service. Many expected the new Republican administration to challenge the Supreme Court be- cause of its decision in the Dred Scott case.' In his inaugural address, Lincoln stated, "the candid citizen must confess that if the policy of the government . is to be irrevocably fixed by decisions of the Supreme Court . the people will have ceased to be their own rulers . having practically resigned their govern- ment into the hands of the eminent tribunal." The first skirmish between Lincoln and the judiciary occurred just two months after his inauguration. On April 19, 1861, Southern sympathizers in Baltimore at- tacked a regiment of Massachusetts volunteers en route to Wash- ington.2 The soldiers were transferring from one train to another when met with a barrage of stones and bricks. Fearing for their Portrait of John Merryman in possession of Merryman family. safety, the soldiers fired into the crowd. The riot resulted in the death of 12 civilians and four soldiers. Later that day Baltimore's leading citizens held a meeting in Monument Squares A delega- had formed in January 1861 under state militia laws. It had a tion met with President Lincoln as a result of this meeting, complement of 53 and consisted mostly of "States Rights gentle- men."8 requesting him not to send any more troops through Baltimore. On April 22, 1861, Lieutenant John Merryman of the While city officials were awaiting news from the delegation in Baltimore County Horse Guards received a written message. It Washington, reports began circulating that Pennsylvania troops was from Major General G. H. Steward, commanding officer of the were moving southward toward Baltimore. To prevent these militia forces in Baltimore. The general ordered Lieutenant Mer- ryman to troops from reaching the city, the mayor ordered the destruction of several railroad bridges.4 The governor and police commission- follow the retreating Pennsylvania troops and destroy ers concurred in this decision. all bridges at intervals of one or two miles.' The following morning city officials received a message from the Lieutenant Merryman obeyed the order and destroyed a bridge of delegation in Washington. They stated that President Lincoln the Northern Central Railroad near Cockeysville, about 14 miles agreed not to send any more troops through Baltimore. He recalled north of Baltimore. the Pennsylvania troops, whose movement towad the city had After learning of the destruction of this bridge, Lincoln decided stopped because of one of the destroyed railroad bridges.3 to take drastic action. He issued an order to General Winfield Several different units participated in the destruction of the Scott, general-in-chief of the army. The President instructed bridges. One such company, the Baltimore County Horse Guards, General Scott PAGE 6 HISTORY TRAILS WINTER 1989-1990 Justice Taney from General Cadwalader. The letter revealed that Merryman belonged to a group that advocated armed hostility and treason against the United States. Additionally, Merryman made public statements of his willingness to cooperate with secession- ist forces. The general concluded the letter by declaring his authorization by President Lincoln to suspend the writ of habeas corpus. After reading General Cadwalader's letter, Taney inquired of the officer whether he had brought along John Merryman. The officer replied, "I have no instructions except to deliver this re- sponse to the court."" Taney ordered General Cadwalader to bring the defendant to court to stand trial. Since an order of the court was defied, Taney directed a writ of attachment served on the general. The writ commanded him to appear in court the next day or face charges of contempt. At this point Taney anticipated being arrested himself for antagonizing the military authorities. The next morning, as he left his daughter's house, Taney remarked that he would likely be imprisoned in Fort McHenry before night. He was nonetheless going to court to do his duty.12 When Taney arrived in court that day he asked if the writ of attachment had been served on General Cadwalader. A marshall informed Taney that his entrance to the fort in order to serve the writ was denied. Taney then informed the marshall that it was within the court's power to summon a posse in order to enforce the writ. However, the court excused him from doing his duty because of the overwhelming strength of the fort's garrison. With all of the avenues of legal authority exhausted, Taney declared the arrest of John Merryman to be illegal upon two premises. First, the President had no power to suspend a writ of habeas corpus. Second, a military officer had no right to arrest a person not subject to the articles of war. On June 1, 1861, Taney filed his written opinion with the court and forwarded a copy to President Lincoln. It declared Abraham Lincoln portrait, courtesy of the National Portrait Gallery. 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 to take whatever steps necessary, including the charges, without any proof, so far as it appears; he is suspension of the writ of habeas corpus, to suppress seized as a prisoner and kept in close confinement; any rebellion against the United States." and when a habeas corpus is served on the com- Lincoln took other actions as well to ensure that Maryland would manding officer, requiring him to produce the pris- not secede from the Union. He placed the state under military rule oner before a Justice of the Supreme Court, in order and arrested several government officials. Those arrested in- that he may examine the legality of the imprisonment, cluded the mayor and police commissioners of Baltimore and the answer by the officer is that he is authorized by several members of the state legislature.' the President to suspend the writ of habeas corpus, On May 25, 1861, federal troops acting on orders from General and on that ground, he refuses obedience to the writ. 13 William H. Keim of Pennsylvania, arrested John Merryman. This Taney was very critical of President Lincoln for claiming the occurred at Hayfields, the ancestral home of the Merryman family right to suspend the writ of habeas corpus. In Taney's view, Article in Baltimore County. The soldiers escorted Merryman to Fort 1, Section 9 of the Constitution gives the power to Congress McHenry and imprisoned him for suspicion of destroying railroad exclusively. The opinion noted that President Lincoln exceeded his bridges used in transporting federal troops. authority. Instead of performing his duty of assisting the judici- The announcement of Merryman's arrest caused much excite- ary, the President, according to Taney, ignored the judicial ment in Baltimore as local newspapers reported the details. IS Later authorities and substituted military government. If such military that day Merryman's attorneys went to see Chief Justice of the usurpation is permitted, Taney concluded, "the people of the Supreme Court Roger B. Taney. They presented him with a United States are no longer living under a government of laws, but petition for a writ of habeas corpus. every citizen holds life, liberty, and property at the will and Taney was 84 years of age, with a long and illustrious career pleasure of the army officer in whose military district he may already behind him. It was he who wrote the opinion of the court happen to be found."" in the Dred Scott case. As part of his judicial duties, he presided Taney further emphasized that even if a person is arrested by over the United States Circuit Court for the District of Maryland. regular judicial process that person could not be imprisoned by Acting on the petition of Merryman's attorneys, Taney issued a military authorities. He further stated that the Constitution writ of habeas corpus. He directed it served on General George provides for a "right to a speedy and public trial by an impartial Cadwalader, commanding officer of Fort McHenry. It ordered the jury . and to be confronted with the witnesses against him."' general to appear in United States Circuit Court on May 27, 1861, Taney contended that the President had an obligation to "take care accompanied by John Merryman. that the laws be faithfully executed." The ChiefJustice maintained On the morning of May 27, 1861, Chief Justice Taney arrived that if Merryman committed any treasonable offense, it was within in Baltimore. He entered the Masonic Hall where the federal courts the jurisdiction of the federal civilian authorities. The occupied the first floor. Within a short time, an officer from Fort Constitution, declared Taney, gives people the right to be secure McHenry appeared before the court.
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