|
Links To
page's on my Web Site Below |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
My Wife Sandra Lee
(Wood-Graham) Lyons Family in the Civil
War |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
| |
|
|
Guest Book are For Teague Mays Fox Monday Lyons For all Family Member's |
|
|
|
|
|
Song Maryland My Maryland When a person is detained by
police or other authority, a court can issue a writ of habeas
corpus, compelling the detaining authority either to show proper
cause for detaining the person (e.g., by filing criminal charges) or
to release the detainee. The court can then remand the prisoner to
custody, release them on bail </wiki/Bail>, or release them
outright. Article I, Section 9 of the United States Constitution </wiki/United_States_Constitution>,
which enumerates limitations on the power of Congress, says, "The
privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may
require it."
In April 1861, actual fighting in the Civil War began. President
Lincoln called for the states to provide militia </wiki/Militia>
troops to the Federal government to suppress the rebellion. Troops
traveled to Washington </wiki/Washington,_D.C.> via Baltimore,
Maryland </wiki/Baltimore,_Maryland>. Pro-Confederate </wiki/Confederate_States_of_America>
mobs attacked some of them </wiki/Baltimore_riot_of_1861> on April
19. It seemed possible that these pro-Confederates would seize
control of Maryland, cutting off Washington from the rest of the
Union. Mayor Brown </wiki/George_William_Brown> of Baltimore and
Governor Hicks </wiki/Thomas_Holliday_Hicks> of Maryland asked that
no more troops cross Maryland, but Lincoln refused.[3] However, for
the next few weeks, troops were brought to Washington via Annapolis
</wiki/Annapolis>, avoiding Baltimore. Also on April 19, Lincoln
asked Attorney General </wiki/United_States_Attorney_General> Edward
Bates </wiki/Edward_Bates>, for an opinion on the suspension of the
writ of habeas corpus </wiki/Habeas_corpus>.
The threat to Washington was serious, and Lincoln eventually
responded by declaring martial law </wiki/Martial_law> in Maryland.
On April 27, 1861, he told General Winfield Scott </wiki/Winfield_Scott>
(commander-in-chief of the army) that if there was any resistance on
the "military line" from Annapolis to Washington, Scott or "the
officer in command at the point" was authorized to suspend habeas
corpus if necessary. Within a few days, it was found necessary. The
suspension was not announced, and Taney claimed to have not been
informed of it.[4]
A man alleged to be a soldier in the Maryland State Militia was
detained in Fort McHenry </wiki/Fort_McHenry>, and Judge Giles in
Baltimore issued a writ of habeas corpus, but the fort's commander,
Major W. W. Morris, wrote in reply, "At the date of issuing your
writ, and for two weeks previous, the city in which you live, and
where your court has been held, was entirely under the control of
revolutionary authorities. Within that period United States
soldiers, while committing no offense, had been perfidiously
attacked and inhumanly murdered in your streets; no punishment had
been awarded, and I believe, no arrests had been made for these
atrocious crimes; supplies of provisions intended for this garrison
had been stopped; the intention to capture this fort had been boldly
proclaimed; your most public thoroughfares were daily patrolled by
large numbers of troops, armed and clothed, at least in part, with
articles stolen from the United States; and the Federal flag, while
waving over the Federal offices, was cut down by some person wearing
the uniform of a Maryland officer. To add to the foregoing, an
assemblage elected in defiance of law, but claiming to be the
legislative body of your State, and so recognized by the Executive
of Maryland, was debating the Federal compact. If all this be not
rebellion, I know not what to call it. I certainly regard it as
sufficient legal cause for suspending the privilege of the writ of
habeas corpus." Morris also wrote, "If, in an experience of
thirty-three years, you have never before known the writ to be
disobeyed, it is only because such a contingency in political
affairs as the present has never before arisen."[5]
Among the pro-Confederates in the Maryland militia was Lieutenant
John Merryman </wiki/John_Merryman>. He had recruited and trained
soldiers for the Confederate Army. After the Baltimore Riot he was
involved in cutting telegraph </wiki/Telegraph> wires and burning
railroad bridges.[6] On May 25, Merryman was arrested by order of
Brigadier General William High Keim </wiki/William_High_Keim>, USV
</wiki/United_States_Volunteers>, and charged with treason and being
a commissioned lieutenant in an organization intending armed
hostility toward the government, namely the Confederate Army.[7]
The rest of the Supreme Court had nothing to do with Merryman, and
the other two justices from the South, John Catron </wiki/John_Catron>
and James Moore Wayne </wiki/James_Moore_Wayne>, acted as Unionists;
for instance, Catron's charge to a Saint Louis grand jury, saying
that armed resistance to the federal government was treason, was
quoted in the New York Tribune </wiki/New_York_Tribune> of July 14,
1861.[12] On circuit, Catron closely cooperated with military
authorities.[13]
Lincoln disregarded the ruling. Lincoln also got an opinion
supporting his suspension from Attorney General Bates. It formed the
basis for Lincoln's July 4 speech to Congress, in which he
rhetorically asked, "Are all the laws, but one, to go unexecuted,
and the government itself go to pieces, lest that one be violated?"
Lincoln subsequently expanded the zone within which the writ was
suspended.
After reconvening, Congress failed to pass a bill favored by Lincoln
to sanction his suspensions,[14] and several more district and
circuit court rulings affirmed Taney's opinion.[15] Lincoln rendered
these cases moot </wiki/Mootness> on February 14, 1862, when he
issued an order releasing almost all political prisoners </wiki/Political_prisoner>
on parole </wiki/Parole>.[2] In response to opposition to
conscription </wiki/Conscription>, however, Lincoln again suspended
habeas corpus six months later, this time throughout the entire
country.[16] The passage of the Habeas Corpus Suspension Act </wiki/Habeas_Corpus_Suspension_Act_1863>
in March 1863 ended the controversy, at least temporarily, by
authorizing the suspension of habeas corpus upon Congress's
authority rather than on the president's authority.
The Merryman decision is still among the best-known Civil War-era
court cases and it is one of Taney's most famous opinions, alongside
the Dred Scott case </wiki/Dred_Scott_v._Sanford>. Its legal
argument holding that Congress alone may suspend the writ is noted
for reiterating the opinion of John Marshall </wiki/John_Marshall>
and the court in Ex parte Bollman </wiki/Ex_parte_Bollman> and was
recently restated by the Supreme Court in Hamdi v. Rumsfeld </wiki/Hamdi_v._Rumsfeld>. |
|
| |
 |
|
| |
DEATHS IN CONFEDERATE ARMIES
|
Killed or Died of Wounds |
|
STATE |
Killed
(Officers) |
Killed
(Enlisted Men) |
Total |
Died of
Wounds
(Officers) |
Died of
Wounds
(Enlisted Men) |
Total |
|
Virginia |
266 |
5,062 |
5,328 |
200 |
2,319 |
2,519 |
|
North
Carolina |
677 |
13,845 |
14,522 |
330 |
4,821 |
5,151 |
|
South
Carolina |
360 |
8,827 |
9,187 |
257 |
3,478 |
3,735 |
|
Georgia |
172 |
5,381 |
5,553 |
140 |
1,579 |
1,719 |
|
Florida |
47 |
746 |
793 |
16 |
490 |
506 |
|
Alabama |
14 |
538 |
552 |
9 |
181 |
190 |
|
Mississippi |
122 |
5,685 |
5,807 |
75 |
2,576 |
2,651 |
|
Louisiana |
70 |
2,548 |
2,618 |
42 |
826 |
868 |
|
Texas |
28 |
1,320 |
1,348 |
13 |
1,228 |
1,241 |
|
Arkansas |
104 |
2,061 |
2,165 |
27 |
888 |
915 |
|
Tennessee |
99 |
2,016 |
2,115 |
49 |
825 |
874 |
|
Regular C.S.
Army |
35 |
972 |
1,007 |
27 |
441 |
468 |
|
Border States |
92 |
1,867 |
1,959 |
61 |
672 |
733 |
|
Totals |
2,086 |
50,868 |
52,954 |
1,246 |
20,324 |
21,570 |
|
|
| |
|
|
| |
| |
|
Died of Disease |
|
STATE |
Officers |
Enlisted Men |
Total |
|
Virginia |
168 |
6,779 |
6,947 |
|
North
Carolina |
541 |
20,061 |
20,602 |
|
South
Carolina |
79 |
4,681 |
4,760 |
|
Georgia |
107 |
3,595 |
3,702 |
|
Florida |
17 |
1,030 |
1,047 |
|
Alabama |
8 |
716 |
724 |
|
Mississippi |
103 |
6,704 |
6,807 |
|
Louisiana |
32 |
3,027 |
3,059 |
|
Texas |
10 |
1,250 |
1,260 |
|
Arkansas |
74 |
3,708 |
3,782 |
|
Tennessee |
72 |
3,353 |
3,425 |
|
Regular C.S. Army |
25 |
1,105 |
1,040 |
|
Border States |
58 |
2,084 |
2,142 |
|
Totals |
1,294 |
58,003 |
59,297 |
|
|
|
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
|
|
|
