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United States ex rel. Murphy v. Porter
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.
==Background and noncompliance with court order==
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 Porter also 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. John Hay was Lincoln’s personal secretary. Hay recounts in his diary that Deputy U.S. Marshal George Philips approached Hay and Secretary of State William H. Seward to ask what should be done with the court order regarding Porter. Seward replied: “The President ... forbids you to serve any process upon any officer here.” Hay then confirmed that those were “Precisely his words.”〔''(Inside Lincoln's White House: The Complete Civil War Diary of John Hay )'', p. 28 (SIU Press, Michael Burlingame and John R. Turner Ettlinger eds. 1999).〕
The court objected that this disruption of 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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