Supreme Court Cases Of The American Civil War

Pre-war

• Ex Parte Bollman (1807) was an early case that made many important arguments about the power of the Supreme Court, as well as the constitutional definition of treason.

During the war

• Ex Parte Merryman (1861) was not actually a Supreme Court case, although it was heard by Chief Justice Roger Taney (see circuit riding). Taney protested Lincoln's secret notice granting military personnel the power to suspend the writ of habeas corpus. This case is an example of a U.S. President ignoring a court's ruling on the grounds of necessity.
• In Ex Parte Vallandigham (1863), a former congressman was tried before a military tribunal by General Ambrose Burnside for treason after he delivered an incendiary speech at Mount Vernon. A writ of certiorari brought the case to the Supreme Court under Chief Justice Salmon Chase. The court avoided disagreement with the President or military by arguing that since the extra-legal tribunals were, unsurprisingly, not listed in any documents enumerating courts over which the Supreme Court had authority, Vallandigham had no grounds for appeal. Ex Parte Metzger was used as precedent.

Post-war

• In Ex Parte Milligan (1866), the Supreme Court led by Chase ruled that, so long as local civilian courts are open, citizens may not be tried by military tribunals. It further observed that, during the suspension of the writ of habeas corpus, citizens may only be held without charges, not tried, and certainly may not be executed by military tribunals.

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