United States ex rel. Murphy v. Porter
Encyclopedia
United States ex rel. Murphy v. Porter, 2 Hawy. & H. 394, 27 F. Cas. 599, was a case decided by the United States Circuit Court
for the District of Columbia
in October 1861. The case arose when John Murphy asked the court to issue a writ of habeas corpus
to release his son from service in the United States Army
during the Civil War on the grounds that he was underage. The case was decided at a time when habeas corpus had been suspended in the District of Columbia. General Andrew Porter
, to whom the writ was directed, arrested Murphy's lawyer when he attempted to serve Porter with the writ and had Judge William Matthew Merrick
placed under house arrest in order to prevent him from proceeding in the case. Merrick's fellow judges then took up the case and ordered Gen. Porter to appear before them and explain himself, but President Abraham Lincoln
then prevented the marshal from delivering the court's order. The court objected that this disruption of the its process
was unconstitutional as the president had not declared martial law
(while acknowledging that he did have the power to do so), but noted that it was powerless to enforce its prerogatives.
, which had the effect of removing the judges who had ruled in United States ex rel. Murphy v. Porter from the bench. Opponents of the reorganization declared that its sole purpose was to remove those judges from the bench, since it gave to the new court all the powers and jurisdiction of the old ones, something its supporters strenuously denied. One supporter, however, Sen. Henry Wilson
, while declaring that he had no desire to turn them out of office, nevertheless observed they had "not the greatest faith in the present judges. … As to one of their judges, I mean Judge Merrick, I believe his heart is sweltering with treason. He has been under arrest since this rebellion broke out. I believe that during this session of Congress his home has been the resort where sympathizers with disloyal men have held councils, and secret councils, and I have good reason to believe this to be true."
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
United States Circuit Court of the District of Columbia
The United States Circuit Court of the District of Columbia is a former United States federal court, which existed from 1801 to 1863.-History:...
in October 1861. The case arose when John Murphy asked the court to issue a 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 release his son from service in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during the Civil War on the grounds that he was underage. The case was decided at a time when habeas corpus had been suspended in the District of Columbia. General Andrew Porter
Andrew Porter (Civil War general)
Andrew Porter was an American army officer who was a brigadier general in the Union Army during the American Civil War. He was an important staff officer under George B. McClellan during the 1862 Peninsula Campaign, serving as the Provost Marshal of the Army of the Potomac.-Early life and...
, to whom the writ was directed, arrested Murphy's lawyer when he attempted to serve Porter with the writ and had 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:...
placed under house arrest in order to prevent him from proceeding in the case. Merrick's fellow judges then took up the case and ordered Gen. Porter to appear before them and explain himself, but President Abraham Lincoln
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...
then prevented the marshal from delivering the court's order. The court objected that this disruption of the its process
Legal process
Legal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...
was unconstitutional as the president had not declared martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
(while acknowledging that he did have the power to do so), but noted that it was powerless to enforce its prerogatives.
Aftermath
On March 3, 1863, Congress abolished the circuit court, district court, and criminal court of the District of Columbia, and replaced them with the Supreme Court of the District of ColumbiaUnited States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, which had the effect of removing the judges who had ruled in United States ex rel. Murphy v. Porter from the bench. Opponents of the reorganization declared that its sole purpose was to remove those judges from the bench, since it gave to the new court all the powers and jurisdiction of the old ones, something its supporters strenuously denied. One supporter, however, Sen. Henry Wilson
Henry Wilson
Henry Wilson was the 18th Vice President of the United States and a Senator from Massachusetts...
, while declaring that he had no desire to turn them out of office, nevertheless observed they had "not the greatest faith in the present judges. … As to one of their judges, I mean Judge Merrick, I believe his heart is sweltering with treason. He has been under arrest since this rebellion broke out. I believe that during this session of Congress his home has been the resort where sympathizers with disloyal men have held councils, and secret councils, and I have good reason to believe this to be true."