John Merryman

For the American musician John Merryman, see Cephalic Carnage.

John Merryman (August 9, 1824 – November 15, 1881) was the petitioner in the case Ex parte Merryman which was one of the best known habeas corpus cases of the American Civil War. Merryman was also a militia officer during the Civil War, and a Maryland politician.

Biography

Early life

Merryman began his work life as an employee in Richard Norris' hardware store in Baltimore City. The following year he moved to Guayama, Puerto Rico to work for his uncle, Samuel N. Gott. Merryman returned to Maryland in 1842 to manage farms and raise Hereford cattle. Merryman married Ann Louisa, daughter of Elijah Bosley Gittings, in 1844. John and Ann Louisa had eleven children. Merryman, a Democrat, served as member and president of the Board of County Commissioners, Baltimore County, in 1857.[1] At the outbreak of the Civil War in April 1861, he was a farmer in Cockeysville, Maryland.[2]

Civil War

Prior to the Civil War, Merryman was a 3rd lieutenant in the Baltimore County Troops. By 1861 he was a 1st lieutenant in the Baltimore County Horse Guards.[1] Following the Pratt Street Riot in Baltimore, the Maryland legislature voted against secession. However, concerned about further unrest from pro-Southern elements, they voted to keep the railways closed so Union troops could not travel through Maryland on their way to defending Washington, D.C. and other federal enclaves.[3] While carrying out this policy, Governor Hicks allegedly ordered Merryman to aid in the destruction of several bridges north of Baltimore.[1]

On May 25, 1861, Merryman was arrested at his home in Cockeysville by Union troops acting under orders of General William H. Keim. Merryman was then taken and confined in Fort McHenry.[2] Merryman petitioned for a writ of habeas corpus, which was granted, in part, by Chief Justice Taney. Taney's May 26, 1861 order directed General George Cadwalader, commander of Fort McHenry, (1) to produce (but not release) Merryman for a hearing before Taney to be held the very next day, on May 27, 1861, and (2) to explain on what legal basis the Army had seized Merryman. General George Cadwalader did not produce Merryman. Instead, Cadwalader delivered a response which was read to the court. Cadwalader's response explained that he was acting under orders from President Lincoln, who had delegated authority to the military to suspend habeas corpus. Because Cadwalader failed to produce Merryman, Taney cited Cadwalader for contempt, and ordered the U.S. Marshal to serve an attachment order on Cadwalader. The U.S. Marshal was unable to serve the attachment order, as he was denied entrance to Fort McHenry. Thus, the contempt citation was never adjudicated. Furthermore, Taney declared Lincoln's suspension of habeas corpus unconstitutional (see Ex parte Merryman).


Merryman was indicted by the grand jury of a United States District Court for shooting a commanding officer.[4]

While Merryman was in jail awaiting a hearing, Taney had furniture and home-cooked meals brought to him in his cell. Merryman later named one of his sons Roger B. Taney Merryman in the Chief Justice's honor.[5]

Merryman was State Treasurer of Maryland from 1870 to 1872.

See also

Footnotes

  1. 1 2 3 Maryland State Archives
  2. 1 2 Toomey, Daniel Carroll. The Civil War in Maryland. Baltimore, MD: Toomey Press. p. 21.
  3. ↑ Nancy Bramucci Sheads (2005). "Teaching American History in Maryland – Documents for the Classroom: Arrest of the Maryland Legislature, 1861". Maryland State Archives. Retrieved April 3, 2016.
  4. ↑ The Sun. "The Indictment for Treason Against John Merryman." July 11, 1861: 1, col. 5.
  5. ↑ The Politics of Continuity.

Further reading

Political offices
Preceded by
Robert Fowler		 Treasurer of Maryland
1870—1872 		Succeeded by
John W. Davis
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