Taney Arrest Warrant
Encyclopedia
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 McGinty (2008) 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.p.76-77
, Lincoln's friend, bodyguard, and United States Marshal for the District of Columbia during his administration. According to the manuscript, which is a brief history of Ex Parte Merryman by Lamon:
The warrant was never served, according to Lamon, for reasons that are not given. The manuscript dates from the 1880s and resides in the collection of Lamon papers at the Huntington Library.
Taney's own memoir, completed from his unfinished autobiography by Samuel Tyler in 1872, refers to the Chief Justice's fears of arrest. According to Tyler, as Taney "left the house of his son-in-law, Mr. Campbell" en route to his courtroom "remarked that it was likely he should be imprisoned in Fort McHenry before night, but that he was going to Court to do his duty."p. 74
Lamon's story emerged during the early 1970s in A More Perfect Union by Harold Hyman
. Some recent writers have accepted the story as credible including Jeffrey Rogers Hummel in Emancipating Slaves, Enslaving Free Men. For a time in the 1980s and 1990s, it was believed that a second corroborating document by Francis Lieber
referred to the warrant. This was the result of a mistaken numerical citation in an earlier work. The error was discovered by John Rodehamel, a manuscripts librarian at the Huntington Library. Once informed of this error, Jeffrey Hummel described Lamon's unsupported account as "not credible." That President Lincoln considered, and then rejected, the possibility of arresting Taney is briefly mentioned in The Civil War produced by Ken Burns
and aired on Public Broadcasting Service
(PBS) Public television stations.
, the president's son, and was denounced for a lack of discretion. On the other hand, the habeas corpus manuscript was written in the mid 1880s around the time Lamon was working on his second book, Recollections of Abraham Lincoln, incomplete when he died (Lamon's daughter edited the completed portions of it for posthumous publication). This second book is highly regarded among Lincoln scholars and is the main source for many well-known Lincoln anecdotes and quotes. The Taney warrant story does not appear in this second book.
Another criticism is that no copy of the warrant or other documentation has been found to support Lamon's story.
During Lincoln's administration several prominent political adversaries were arrested, including Congressman Clement Vallandigham
, a leading Copperhead
, and at least one other federal judge – William Matthew Merrick
of the United States Circuit Court
for the District of Columbia – was placed under house arrest for defying the suspension. Several northern newspapers also publicly called for Taney's arrest after the Merryman ruling.
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
scholarship. The argument is that in late May or early June 1861 President Lincoln secretly ordered an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
for Roger B. Taney
Roger B. Taney
Roger Brooke Taney was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States. He was also the eleventh United States Attorney General. He is most...
, the Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
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
Ex parte Merryman
Ex parte Merryman, 17 F. Cas. 144 , is a well-known U.S. federal court case which 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"...
, which found Lincoln's suspension of the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
to be unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
.
As McGinty (2008) 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.p.76-77
History and evidence
The single primary source document is a manuscript written in the 1880s by Ward Hill LamonWard Hill Lamon
Ward Hill Lamon was a personal friend and self-appointed bodyguard of the American President Abraham Lincoln. Lamon was famously absent the night Lincoln was assassinated, having been sent by Lincoln to Richmond, Virginia....
, Lincoln's friend, bodyguard, and United States Marshal for the District of Columbia during his administration. According to the manuscript, which is a brief history of Ex Parte Merryman by Lamon:
- After due consideration the administration determined upon the arrest of the Chief Justice. A warrant or order was issued for his arrest. Then arose the question of service. Who should make the arrest and where should the imprisonment be? This was done by the President with instructions to use his own discretion about making the arrest unless he should receive further orders from him.
The warrant was never served, according to Lamon, for reasons that are not given. The manuscript dates from the 1880s and resides in the collection of Lamon papers at the Huntington Library.
Taney's own memoir, completed from his unfinished autobiography by Samuel Tyler in 1872, refers to the Chief Justice's fears of arrest. According to Tyler, as Taney "left the house of his son-in-law, Mr. Campbell" en route to his courtroom "remarked that it was likely he should be imprisoned in Fort McHenry before night, but that he was going to Court to do his duty."p. 74
Lamon's story emerged during the early 1970s in A More Perfect Union by Harold Hyman
Harold Hyman
Harold Hyman is an historian of the American Civil War at Rice University. In 2006, the History News Service discussed him in its series on history doyens. He is now emeritus William P. Hobby professor at Rice....
. Some recent writers have accepted the story as credible including Jeffrey Rogers Hummel in Emancipating Slaves, Enslaving Free Men. For a time in the 1980s and 1990s, it was believed that a second corroborating document by Francis Lieber
Francis Lieber
Francis Lieber , known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an Encyclopaedia Americana...
referred to the warrant. This was the result of a mistaken numerical citation in an earlier work. The error was discovered by John Rodehamel, a manuscripts librarian at the Huntington Library. Once informed of this error, Jeffrey Hummel described Lamon's unsupported account as "not credible." That President Lincoln considered, and then rejected, the possibility of arresting Taney is briefly mentioned in The Civil War produced by Ken Burns
Ken Burns
Kenneth Lauren "Ken" Burns is an American director and producer of documentary films, known for his style of using archival footage and photographs...
and aired on Public Broadcasting Service
Public Broadcasting Service
The Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....
(PBS) Public television stations.
Controversy
One criticism is that Lamon is an unreliable source, remembered for lending his name to a ghost-written 1872 biography of Lincoln by Chauncey Black. The biography was received unfavorably by Robert Todd LincolnRobert Todd Lincoln
Robert Todd Lincoln was an American lawyer and Secretary of War, and the first son of President Abraham Lincoln and Mary Todd Lincoln...
, the president's son, and was denounced for a lack of discretion. On the other hand, the habeas corpus manuscript was written in the mid 1880s around the time Lamon was working on his second book, Recollections of Abraham Lincoln, incomplete when he died (Lamon's daughter edited the completed portions of it for posthumous publication). This second book is highly regarded among Lincoln scholars and is the main source for many well-known Lincoln anecdotes and quotes. The Taney warrant story does not appear in this second book.
Another criticism is that no copy of the warrant or other documentation has been found to support Lamon's story.
During Lincoln's administration several prominent political adversaries were arrested, including Congressman Clement Vallandigham
Clement Vallandigham
Clement Laird Vallandigham was an Ohio resident of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms in the United States House of Representatives.-Biography:...
, a leading Copperhead
Copperheads (politics)
The Copperheads were a vocal group of Democrats in the Northern United States who opposed the American Civil War, wanting an immediate peace settlement with the Confederates. Republicans started calling anti-war Democrats "Copperheads," likening them to the venomous snake...
, and at least one other federal judge – William Matthew Merrick
William Matthew Merrick
William Matthew Merrick was a United States Circuit Court judge for the District of Columbia and congressman from the fifth district of the state of Maryland.-Early life, career, and family:...
of the United States Circuit Court
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...
for the District of Columbia – was placed under house arrest for defying the suspension. Several northern newspapers also publicly called for Taney's arrest after the Merryman ruling.