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Taney Arrest Warrant information


seated man
Roger B. Taney photo by Mathew Brady

The Taney Arrest Warrant is a conjectural controversy in Abraham Lincoln scholarship. The argument is that in late May or early June 1861, President Lincoln secretly ordered an arrest warrant for Roger B. Taney, the Chief Justice of the United States Supreme Court, but abandoned the proposal. The arrest order is said to have been in response to Taney's Circuit Judge ruling in Ex parte Merryman, which found Lincoln's suspension of the writ of habeas corpus to be unconstitutional.

As historian Brian McGinty concludes, if there was such a plan to arrest Taney it would have been both reckless and inflammatory on Lincoln's part, for it would have dramatically escalated political tensions. McGinty, like all of Lincoln's major biographers, concludes there never was any arrest warrant.[1]p.76-77

  1. ^ Brian McGinty (2008). Lincoln and the Court. Harvard University Press. ISBN 978-0-674-02655-1. OCLC 154669158.

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(1861) Ex parte Milligan (1866) Habeas corpus in the United States Taney Arrest Warrant Maryland in the Civil War McGinty (2011) p. 173; Neely (2011) p. 65...

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by the Chief Justice of the Supreme Court, Roger B. Taney) in Ex parte Merryman. Chief Justice Taney ruled the suspension unconstitutional, stating that...

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act. Section 10 gives marshals and their deputies the duty to execute warrants under this act, on pain of a $1000 penalty payable to the victim of disenfranchisement...

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of the new law. This 1868 law enabled local magistrate judges to issue warrants to police that would allow them to seize and later destroy (upon a guilty...

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case of Bloomer v. McQuewan, 55 U.S. 539 (1852), so that Chief Justice Taney would not have been entirely breaking ground in his Dred Scott opinion when...

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judges, justices, justices of the peace, and magistrates to issue arrest warrants. The Act provided a right to bail in non-capital cases, and authorized...

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