By: History.com Editors

1861

President Lincoln suspends the writ of habeas corpus during the Civil War

History.com Editors

Published: November 13, 2009

Last Updated: January 31, 2025

April 27, 1861, President Abraham Lincoln instructs General Winfield Scott to suspend habeas corpus as necessary to keep vital transport and supply lines clear in Maryland. This action kicks off a legal dispute with the Supreme Court.

One month later, on May 25, 1861, John Merryman, a state legislator from Maryland, is arrested for attempting to hinder Union troops from moving from Baltimore to Washington during the Civil War and is held at Fort McHenry by Union military officials. His attorney immediately sought a writ of habeas corpus so that a federal court could examine the charges. However, because President Lincoln had suspended the right, the general in command of Fort McHenry refused to turn Merryman over to the authorities.

American Civil War History

If you had just one word to describe the Civil War, what would it be?

Federal judge Roger Taney, the chief justice of the Supreme Court (and also the author of the infamous Dred Scott decision), issued a ruling that President Lincoln did not have the authority to suspend habeas corpus. Lincoln didn’t respond, appeal, or order the release of Merryman. But during a July 4 speech, Lincoln was defiant, insisting that he needed to suspend the rules in order to put down the rebellion in the South.

Five years later, a new Supreme Court essentially backed Justice Taney’s ruling: In an unrelated case, the court held that only Congress could suspend habeas corpus and that civilians were not subject to military courts, even in times of war.

This was not the first or last time that the U.S. federal government willfully ignored its own laws during times of strife. Hundreds of thousands of Japanese Americans were sent to internment camps following the attack on Pearl Harbor and America’s entry into World War II. Some forty years later, a U.S. congressional commission determined that those held in the camps had been victims of discrimination. Each camp survivor was awarded $20,000 in compensation from the U.S. government.

Timeline

Also on This Day in History

Discover more of the major events, famous births, notable deaths and everything else history-making that happened on April 27th

4977

Universe is created, according to Kepler

On April 27, 4977 B.C., the universe is created, according to German mathematician and astronomer Johannes Kepler, considered a founder of modern science. Kepler is best known for his theories explaining the motion of planets.

Johannes Kepler Talking with Rudolph II

1521

Navigator Ferdinand Magellan killed in the Philippines

After traveling three-quarters of the way around the globe, Portuguese navigator Ferdinand Magellan is killed during a tribal skirmish on Mactan Island in the Philippines. Earlier in the month, his ships had dropped anchor at the Philippine island of Cebu, and Magellan met with the local chief, who after converting to Christianity persuaded the Europeans to assist him in conquering a rival tribe on the neighboring island of Mactan. In the subsequent fighting, Magellan was hit by a poisoned arrow and left to die by his retreating comrades.

1805

U.S. agent William Eaton leads first U.S. Marines battle, on “the shores of Tripoli”

After marching 500 miles from Egypt, U.S. agent William Eaton leads a small force of U.S. Marines and Berber mercenaries against the Tripolitan port city of Derna. The Marines and Berbers were on a mission to depose Yusuf Karamanli, the ruling pasha of Tripoli, who had seized power from his brother, Hamet Karamanli, a pasha who was sympathetic to the United States.

1813

Explorer Zebulon Pike killed in battle

After surviving two dangerous exploratory expeditions into uncharted areas of the West, Zebulon Pike dies during a battle in the War of 1812.

1822

President Ulysses S. Grant is born

Ulysses S. Grant, Civil War leader and 18th president of the United States, is born on April 27, 1822, in Point Pleasant, Ohio.

1865

Sultana steamship explosion kills 1,700

The steamboat Sultana explodes on the Mississippi River near Memphis, killing 1,700 passengers including many discharged Union soldiers. The accident is still considered the largest maritime disaster in U.S. history.

1956

Rocky Marciano retires as world heavyweight champion

On April 27, 1956, world heavyweight champ Rocky Marciano retires from boxing at age 31, saying he wants to spend more time with his family. Marciano ended his career as the only heavyweight champion with a perfect record–49 wins in 49 professional bouts, with 43 knockouts.

1978

Afghan president is overthrown and murdered

Afghanistan President Sardar Mohammed Daoud is overthrown and murdered in a coup led by procommunist rebels. The brutal action marked the beginning of political upheaval in Afghanistan that resulted in intervention by Soviet troops less than two years later.

1993

D.A. announces negligence caused death of “The Crow” actor Brandon Lee

As a nearly month-long police investigation draws to a close, North Carolina District Attorney Jerry Spivey announces on April 27, 1993 that the death of 28-year-old Brandon Lee on March 31 of that same year during filming of The Crow was due to negligence on the part of the film’s crew, not foul play.

1994

South Africa holds first multiracial elections

More than 22 million South Africans turn out to cast ballots in the country’s first multiracial parliamentary elections. An overwhelming majority chose anti-apartheid leader Nelson Mandela to head a new coalition government that included his African National Congress Party, former President F.W. de Klerk’s National Party, and Zulu leader Mangosuthu Buthelezi’s Inkatha Freedom Party. In May, Mandela was inaugurated as president, becoming South Africa’s first Black head of state.

1997

Andrew Cunanan begins his killing spree

Andrew Cunanan kills Jeffrey Trail by beating him to death with a claw hammer in Minneapolis, Minnesota. Trail’s murder set Cunanan off on a nationwide killing spree that ended in July when he killed himself on a houseboat in Miami Beach.

2009

GM announces plans to phase out Pontiac

On April 27, 2009, the struggling American auto giant General Motors (GM) says it plans to discontinue production of its more than 80-year-old Pontiac brand.

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Citation Information

Article title
President Lincoln suspends the writ of habeas corpus during the Civil War
Website Name
History
Date Accessed
March 24, 2025
Publisher
A&E Television Networks
Last Updated
January 31, 2025
Original Published Date
November 13, 2009

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