Taney was a friend and neighbor of John Merryman, and should have recused himself from the proceedings. Even then, once Taney learned that the privilege of the writ of habeas corpus had been suspended, he should have realized that he no longer had any jurisdiction.
1,428 posted on 11/26/2004 9:12:53 PM EST by capitan_refugio
I can certainly quote part of it for you:
"In the case of John Merriman [sic], the interposition of Chief Justice Taney can only be regarded as at once officious and improper .... Judge Taney presents the ungracious spectacle of a judicial and the military authority of the United States at variance, the soldier eager to punish, and the jurist eager to exculpate a traitor. The antithesis might have been very easily avoided; and an impression that the zeal of the Justice might have been less fervent, had not the prisoner been a citizen of his own State, a neighbor, and a personal friend, would not have countenanced." (From Rehnquist, pg 35) [position advocated by CR]
1,474 posted on 11/27/2004 12:59:39 AM EST by capitan_refugio
You asked for my evidence that Merryman was a "friend and neighbor" of Taney's. You got it. In spades. So stop the cowardly whining.
1,546 posted on 11/27/2004 2:43:28 PM EST by capitan_refugio
I believe the term is "the chain of custody." Lincoln seemed not to have a problem with Cadwalader's actions. The idea of suspending the privilege of the writ was so partisan judges like Taney could not spring their treasonable friends.
1,630 posted on 11/28/2004 2:15:40 AM EST by capitan_refugio
Taney's actions and attitude are perfectly consistent with a partisan judge trying to spring a friend, rather one who is interested investigating the validity of a claim that cripples his authority.
1,710 posted on 11/29/2004 2:38:44 PM EST by capitan_refugio
Taney was a southern partisan. He should have recused himself from sitting on the case of a friend and neighbor.
1,774 posted on 11/30/2004 12:46:31 PM EST by capitan_refugio
Was Merryman a "personal friend of Taney"? You have provided nothing to refute the claim and I have provided a list of reasons to believe that such was quite likely the case.
2,173 posted on 12/03/2004 4:35:14 AM EST by capitan_refugio
The correct answer is, "What is NONE?"
Stop your exaggerations. You are just wasting bandwidth like your cowardly friend.