PDF The Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus by Brian McGinty in History

Review

9 of 10 people found the following review helpful. The Great Writ in Mob CityBy Christian SchlectA 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."3 of 3 people found the following review helpful. Thorough and ScholarlyBy Patrick D. MahaneyA well-written and thoroughly researched analysis of Lincoln's suspension of the writ of habeas corpus in 1861. Law professors and working lawyers alike; as well as the interested non-lawyer; will appreciate the fine legal scholarship offered in this publication. McGinty's work is an excellent companion to Justice Rehnquist's earlier work 'All the Laws but One: Civil Liberties in Wartime' (1998). McGinty's historical-legal analysis of the political and legal tension between Chief Justice Taney and President Lincoln regarding the appropriate authority to suspend the writ of habeas corpus during a time of insurrection and serious threat to the nation will help the reader better understand the 'War on Terror' habeas corpus cases filed during the Bush administration [Hamdi v. Rumsfeld (2004) and Boumediene v. Bush (2008]. A really excellent work of legal scholarship!0 of 0 people found the following review helpful. Good content; complex legal vocabulary requiredBy Pauline R.Very technical; complex legal vocabulary; not recommended for non-legal readers; good content