Editing Ex parte Merryman (section)

==Lincoln's rationale==
The most common view is that the Lincoln administration did not comply with the rule of law by defying the ''Merryman'' opinion and thus Lincoln and his administration invoked [[nonacquiescence]]. Alternatively, another view is that Taney was wrong about the law, and so noncompliance was not only reasonable but the only justified response.

Merryman remained in custody while Congress remained in recess. Lincoln also received an opinion supporting his suspension from his Attorney General, Edward Bates.<ref>Bates, Edward. [https://books.google.com/books?id=-9g4AQAAMAAJ&pg=PA20 "Letter to the President"] (July 5, 1861) reprinted in ''The War of the Rebellion...Additions and Corrections to Series 2, Volume 2'', p. 20 (U.S. Government Printing Office, 1902).</ref> The Bates opinion (or a preliminary draft of that opinion) may have influenced Lincoln's subsequent message to Congress that discussed his administration's policy in regard to habeas corpus. However, Lincoln's message to Congress was dated July 4, 1861; the Bates opinion was dated the next day, July 5, 1861.<ref>{{cite web|url=http://millercenter.org/president/speeches/speech-3508| title=July 4th Message to Congress (July 4, 1861)|archive-url=https://web.archive.org/web/20150320123159/https://millercenter.org/president/speeches/speech-3508|archive-date=March 20, 2015}}</ref>

Scholars, both during and after the war, largely sided with Lincoln's argument over Taney's. According to historian [[Michael Burlingame (historian)|Michael Burlingame]], "Lincoln had a good argument, for Congress in that era was often out of session, and an invasion or rebellion might well take place during one of its long recesses, just as had occurred in April."<ref>Burlingame, Michael. [https://books.google.com/books?id=nmibKY8iY84C&pg=PA152 ''Abraham Lincoln: A Life''], Volume&nbsp;2, p.&nbsp;152 (JHU Press, 2013).</ref><ref>Robinson, Kenton. [http://www.theday.com/article/20110626/NWS08/306269913 "Historians won't convict Lincoln for suspension of habeas corpus"], ''[[The Day (New London)|The Day]]'' (26&nbsp;June 2011).</ref>