Criminal law in the Chase Court

Chief Justice Salmon P. Chase

The Chase Court (1864–1873) issued thirty-five opinions in criminal cases over nine years, at a significantly higher rate than the Marshall Court or Taney Court before it. Notable such cases include Ex parte Milligan (1866), Pervear v. Massachusetts (1866), Ex parte McCardle (1867, 1869), Ex parte Yerger (1868), and United States v. Kirby (1868).

An array of Reconstruction-era statutes created new federal crimes and new sources of federal jurisdiction to hear criminal cases—both by removal and writs of habeas corpus.


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