Supreme Court Cases of the American Civil War
A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. These cases focused on wartime civil liberties, and the ability of the various branches of the government to alter them.
A list of related cases follows.
Pre-War
- 1807 Ex Parte Bollman: 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
- 1861 Ex Parte Merryman: Not actually a Supreme Court case, although it was heard by Chief Justice Roger Taney. (See: circuit riding).) Taney protests Lincoln's secret notice granting military personnel the power to suspend the writ of habeas corpus. An example of a US President ignoring a court's ruling on the grounds of necessity.
- 1863 military tribunal by General Ambrose Burnside for treason after he delivers an incendiary speech at Mount Vernon. A writ of certiorari brings it to the Supreme Court, under Chief Justice Salmon Chase. The court avoided disagreement with the President or military, 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
- 1866 Ex Parte Milligan: The Supreme Court, led by Chief Justice Salmon Chase, rules that so long as local civilian courts are open, citizens may not be tried by military tribunals. It further observes that during the suspension of the writ of habeas corpus, citizens may only be held without charges: not tried, and certainly not executed by military tribunals.
