The Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus Review

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The Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus ReviewA clear and concise retelling of the central legal clash between President Lincoln and Chief Justice Taney, with the largely forgotten John Merryman of Maryland at center.
Brian McGinty nicely details the factual circumstances of this controversy. General histories of the Civil War often glide over the real military problems presented to President Lincoln at the outset of his first term by citizens of Baltimore, who wanted the South to prevail and sought to stop local troop movements of the North. Here you get the texture of what really was occurring, as exampled by the bridge-burning activities of a local farmer, prominent citizen, traitor, and future president of the United States Agricultural Society, John Merryman.
Mr. McGinty swiftly presents useful background to the writ of Habeas Corpus and then focuses on the differing constitutional legal stands and justifications of the Chief Justice and the President on the military's unilateral holding of Merryman.
Two points: (1) I think Chief Justice Tanney was a near traitor. He certainly was strongly biased toward the South and was in no position to render impartial justice. (2) I disagree with Mr. McGinty's statement on page 190 that President Lincoln would "most certainly not" have imprisoned present day "enemy combatants" at Guantanamo. We simply do not know how President Lincoln would have acted when faced with the novel type of warfare that confronted President Bush.
Readers deep into this subject might also enjoy "Lincoln and Chief Justice Taney" by James F. Simon (2006). Also, I highly recommend Mr. McGinty's previous Civil War era legal book, "John Brown's Trial."
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