Sometime ago, I read a booklet 'Writ of Habeas Corpus. Exparte Merryman' by Henry Dutton. This is an article that was published in October 1861 issue of 'American Law Registered' now published as 'University of Pennsylvania Law Review'. It raised my interest in the case of John Merryman, who was detained by military authorities during American civil was but was not released despite order in his Habeas corpus petition by Justice Roger Brooke Taney, Chief Justice of US Supreme Court and contempt order.
This is the only case when the President did not comply with the order of the court despite the fact that military commander was held in contempt.
The case involved with the interpretation of Article 1 section 9 (2) of the US Constitution to determine, 'Whether president has power to suspend Habeas Corpus or not'. Here is the result of that interest.
This is the only case when the President did not comply with the order of the court despite the fact that military commander was held in contempt.
The case involved with the interpretation of Article 1 section 9 (2) of the US Constitution to determine, 'Whether president has power to suspend Habeas Corpus or not'. Here is the result of that interest.
