Habeas Corpus Suspension Act 1863
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Habeas Corpus Suspension Act 1863
The Habeas Corpus Suspension Act, (1863), entitled ''An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases,'' was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johns ...
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United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being the Upper house, upper chamber. Together they comprise the national Bicameralism, bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member List of United States congressional districts, congressional districts allocated to each U.S. state, state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after ...
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United States Congressional Conference Committee
A conference committee is a joint committee of the United States Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill. A conference committee is usually composed of senior members of the standing committees of each house that originally considered the legislation. The use of the conference committee process has steadily declined in recent decades. 67 conference reports were produced as recently as the 104th Congress (1995–96), falling to just three in the 113th Congress (2013–14). Going to conference Conference committees operate after the House and the Senate have passed different versions of a bill. Conference committees exist to draft a compromise bill that both houses can accept. Both houses of Congress must pass identical legislation in order for a bill to be presented to the President. The two houses can reach that point through the process of amendments between Houses, where the House passes the Senate bill with ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Ex Parte Merryman
''Ex parte Merryman'', 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), is a well-known and controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of ''habeas corpus''" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself.William H. Rehnquist, ''All the Laws But One'' (New York: Knopf, 1998), pp.27–39. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers. John Merryman was a prominent planter from Baltimore County, Maryland, who had been arrested at his rural plantation. Held prisoner in Fort McHenry in Baltimore harbor, he was kept inaccessible to the judiciary and to civilian legal authorities generally. U.S. Supreme Court Chief Ju ...
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United States Circuit Court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts. During the 100 years that the Justices of the U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction ...
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Roger Taney
Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney believed that it was not the place of the Court or the Federal Government to remedy the issue and that it was the Constitutional right of the states to deal with slavery individually and gradually. Taney infamously delivered the majority opinion in ''Dred Scott v. Sandford'' (1857), ruling that African Americans could not be considered U.S. citizens and that Congress could not prohibit slavery in the U.S. territories. Prior to joining the U.S. Supreme Court, Taney served as the U.S. Attorney General and U.S. Secretary of the Treasury under President Andrew Jackson. He was the first Catholic to serve on the Supreme Court. Taney was born into a wealthy, slave-owning family in Calvert County, Maryland. He won election to the Maryland House of Dele ...
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Benson John Lossing
Benson John Lossing (February 12, 1813 – June 3, 1891) was a prolific and popular American historian, known best for his illustrated books on the American Revolution and American Civil War and features in ''Harper's Magazine''. He was a charter trustee of Vassar College. Early life Lossing was born February 12, 1813 in Beekman, New York. His father John was descended of old Dutch stock, originally surnamed Lassing or Lassingh, who had been among the earliest settlers of the Hudson Valley. His mother, Miriam Dorland Lossing was a Quakers, Quaker. His formal education was curtailed when he was orphaned in 1824. Soon thereafter, he moved to Poughkeepsie (town), New York, Poughkeepsie to serve as apprentice to Adam Henderson, clock and watchmaker and silversmith. During his apprenticeship he read a number of history books, and over a period of several years pursued an independent study.''American Authors 1600-1900'', 1938 He became interested in history after reading Edward ...
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Fort McHenry
Fort McHenry is a historical American coastal pentagonal bastion fort on Locust Point, now a neighborhood of Baltimore, Maryland. It is best known for its role in the War of 1812, when it successfully defended Baltimore Harbor from an attack by the British navy from the Chesapeake Bay on September 13–14, 1814. It was first built in 1798 and was used continuously by the U.S. armed forces through World War I and by the Coast Guard in World War II. It was designated a national park in 1925, and in 1939 was redesignated a " National Monument and Historic Shrine". During the War of 1812 an American storm flag, , was flown over Fort McHenry during the bombardment. It was replaced early on the morning of September 14, 1814, with a larger American garrison flag, . The larger flag signaled American victory over the British in the Battle of Baltimore. The sight of the ensign inspired Francis Scott Key to write the poem " Defence of Fort M'Henry" that was later set to the tune "To An ...
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United States District Court For The District Of Maryland
The United States District Court for the District of Maryland (in case citations, D. Md.) is the federal district court whose jurisdiction is the state of Maryland. Appeals from the District of Maryland are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Notable past judges of this district include William Paca, a signer of the United States Declaration of Independence. The United States Attorney for the District of Maryland represents the United States in civil and criminal litigation in the court. , the U.S. Attorney is Erek Barron. Organization of the court Under , Maryland consists of a single federal judicial district with two statutory divisions. Northern Division The Northern Division includes Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, ...
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William Fell Giles
William Fell Giles (April 8, 1807 – March 21, 1879) was a United States representative from Maryland and later a United States district judge of the United States District Court for the District of Maryland. Education and career Born on April 8, 1807, in Harford County, Maryland, Giles attended a private academy and the Bel Air Academy, then read law in 1829. Giles was admitted to the bar and entered private practice in Baltimore, Maryland from 1829 to 1837, in 1839, from 1841 to 1844, and from 1847 to 1853. He was a member of the Maryland House of Delegates in 1838 and 1840. Other service Giles was an officer of the American Colonization Society for more than thirty years, and for more than twenty years one of the commissioners of the State of Maryland supervising the emigration of free blacks to Liberia. Congressional service Giles was elected as a Democrat from Maryland's 4th congressional district to the United States House of Representatives of the 29th United States C ...
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John Merryman
John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case ''"Ex parte Merryman"'' which was one of the best known ''habeas corpus'' cases of the American Civil War (1861–1865). Merryman was arrested for his involvement in the mob in Baltimore, specifically for his leadership in the destruction of telegraph lines, but was not charged, a right normally ensured by the writ of ''habeas corpus''. The case was taken up by the federal circuit court and its current presiding judge who happened to be Chief Justice Roger B. Taney, a Democrat-leaning Marylander. The reading of Article 1, Section 9 of the Constitution was in question. Taney believed that the phrase “when in cases of rebellion or invasion the public safety may require it” applied solely to Congress because of its location in Article 1. In ''Ex parte Merryman'', Chief Justice Taney ...
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Order To Suspend Habeas Corpus, April 27, 1861
Order, ORDER or Orders may refer to: * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of different ways * Hierarchy, an arrangement of items that are represented as being "above", "below", or "at the same level as" one another * an action or inaction that must be obeyed, mandated by someone in authority People * Orders (surname) Arts, entertainment, and media * ''Order'' (album), a 2009 album by Maroon * "Order", a 2016 song from ''Brand New Maid'' by Band-Maid * ''Orders'' (1974 film), a 1974 film by Michel Brault * ''Orders'', a 2010 film by Brian Christopher * ''Orders'', a 2017 film by Eric Marsh and Andrew Stasiulis * ''Jed & Order'', a 2022 film by Jedman Business * Blanket order, purchase order to allow multiple delivery dates over a period of time * Money order or postal order, a financial instrument usually intende ...
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