Contraband of War

OTD 165 YEARS AGO: Benjamin F. Butler causes another controversy, this time by refusing to return fugitive slaves to their masters. This military policy of designating escapees as “contraband of war” is endorsed by the Lincoln administration, which sets a wartime precedent.

Ex Parte Merryman

OTD 165 YEARS AGO: Pennsylvania militia arrest a Maryland farmer in his Maryland home for suspected secessionist activity. This provokes a controversial legal dispute between the president and the U.S. chief justice and leads to ongoing violations of civil liberties during the war.

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