Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-05-31
Important Proceedings i'm the Uni
ted states COurt-The Case OF John
merYVmhn, II

..H e
Judge TAsEY, upon the return Of the Marshal,
that he could not serve the writ, being denied
admittance to Fort McHenry, which we publish.
ed on Yesterday morning The people cannot
but regard this conflict between the civil and
military authority with the deepest moment; /
PETITION OF JOHN MERRyMAN, ESQ. q
TO the Hon. Roger B Taney, Chief Justice Of
the Supreme Court Of the United States. The pc.
titiou Of John Merryman, of Baltimore county,
and State Of Maryland, respectfully shows that
being at home, 10 his owndomcil, be was, about
the hour of 2 o'clock A. NJ, on the 25th OF
MAY, A. D. 1861, aroused from his bed by On
armed force pretending to act under militaryor-
ders from some person to your petitioner un-
known. That he was, by said armed force, de-
priyed of his liberty by being taken into custo'
dy. and removed from his said home to Fort
McHenry, near to he city OF Baltimore, and 10
the district aforesaid, and where your petitioner
now is In close custody.
That he has been 30 Imprisoned without any
process or color OF law whatsoever, and that
none such is pretended By those who are thus
Obtaining him and that no warrant from any
court, magistrate, or other person having legal
authority to issue the same, exists to justify
such arrest; but, to the contrary, the same, as
above stated, hath been done without color OF
Law, and In violation of the Constitution and
laws of the United States, OF which he is citi-
zen. That since his arrest he has been inform
ed that by some order purporting to come from
one General Keim, of Pennsylvania, to this
petitioner unknown, directing the arrest OF the
CAPTAIN of some company 10 Baltimore county,
of which company the petitioner never was
and Is not captain, was the pretended ground OF
a 1. ek aanla ha ha.
lieves, on which he Is now detained.
That the person now SO detaining him at said
fort is Brigadier General George Cadwallader,
the military commander ol said post, protesting
to act In the premises under or by color of the
authority of the United States. Your petitioner,
therefore, prays that the writ OF habeas corpus
NAV issue, to be directed to the said George
Cadwallader, commanding him to produce your
petitioner before you, Judge as aforesaid, with
the cause, If any, for his arrest and detention, to
| the end that your petitioner be discharged and
restored to liberty, and as 10 duty, &c.
| 80 4, JOHN MEaRyMAS.
Fort McHeury, 25th May, 1861.
The affidavits we're made by George n. Will
liams, and Judge Taney Immediately issued an
order to Thomas Spicer, Esq, clerk of the cir
cult Court OF the United States for the District
of Maryland. to iseue the writ Of habess corpus,
and make It treturnable at | o'clock, on the 9th
of May, 1861.
The counsel of the petitioner made the fol-
lowing affidavit:
United States of America, District Of Maryland,
10 toit:
Before the subscriber, a commissioner ap-
pointed by the Circuit Court of the United States,
in and for the the fourth circuit and district Of
Maryland, to take aifidavits, &C., personally ap.
peared, the25th day of May, A. d. 1861, Geo.
Il. Williams, Of the city Of Baltimore and dis
trict aforesaid, and made oath on the Holy
Evapgely Of Almighty God that the mat
ters and facts stated in the foregoing petition
are true, to the best of his knowledge, infoFma
ton and belief, and that the said petition was
signed In his presence by the petitioner, and
would have been sworn to by him, said peti.
TONER, but that he was at the time and still Is
lin close custody, and all access to him denied,
except to bis counsel and his brother-in-law-
this dep0nent being one of said counsel.
Sworn to before me, this 25ih day Of May
/ A. D. 1861.
JOHN HANAN, U. S. Commissioner.
The commissioner then issued the following
to the Chief Justice:
United States Of America, District Of Maryland
i -. 49, TO ioit: ~ f--r
Bsfore the subscriber, a commissioner ap-
pointsd by the Circuit Court of the Unitet
States, in and for the fourth circuit and distfic
of Mary.snd to take affidavits, &C., PERSONAL,
appeared shis 25th day Of May, 1861, George H
Williams, Of the city Of Baltimore and distric
aforesaid, and made oath on the Holy Evangel!
: of Almighty God that on the 10th day of Ma,
he went TO Fort McHenry, in the preceding an
davit mentioned, and obtained an interview wit
Il Eadw ada nd In IN,
mand, and deponent, one Of the counsel Of sait
!. John Meryman, in the foregoing petition
Q named, and at his request, and declaring him
J self TO be such counsel, requested and demands
: that he might be permitted to see the writte
! papers, and 10 be permitted to make cople
, thereof, under and by which he, the said Gener
4 al, detained the said Merryman in custody, an
( that to said demand the said Gen. CadWallade
: replied that he would neither permit the. depo
nent, though officially requesting and demand
ing, as such counsel, 10 read the said papers, no
: to have or make copies thereof.
9 Sworn to this 26th day of May, A. D. 1861
q before me- JOHN HANAN,
= u. s. Commissioner for Maryland.
o In response to the petition and affidavitl
3 Chief Justice Taney issued the following writ:
. In the matter of the petition Of John Merry
4 man, for writ OF habeas corpus: N
Ordered, this 26th day of May, A. d. 1856
that the writ Of habeas corpus issue In this CASE
prayed, and that the same be directed TO Generi
B George Cadwallader, and be issued In the usui
Q form, by Thomas Sricer, clerk Of the Circu
oil Court Of the United States In and for the di
2 trict of Maryland, and that the said writ of hi
beas corpus is returnable at ii o'clock, on MOI
day, the 9th Of May, 1861, at the Circuit Cou
room, in the Masonic Hall, In the city OF Bait
more, before me, Chief Justice OF the suprem
Court Of the United States. Ii III
II ;st 1tI US r. b. TAnKY.
Il 10 obedience 10 this order, Mr.. spicer issue
|, the following writ: N33 i9eiii p.
WRIT OF HABEAs coRPus. !
The United States OF Amefics, District of Ma
ryland, to wit: tgfn 3ai
TO General George Cadvallader, Greeting:
You are hereby commanded to be and appes
! before the Honorable Roger B. Taney, Chi,
Justice Of the Supreme Court Of the Unite
States, a. the United States Court Room, In th
Masonic Hall, in the city Of Baltimore, o
Monday, the 9th day OF May, 1861, at !
o'clock in the morning. and that you have wit
you the body of John Merryman, Of Baltlmor
county, and now In your custody, and that 20
certify and make, known the day and cause Q
the caption and detention Of the said John Mer
ryman, and that you then and there do submi
il TO, and receive whatsoever the said Court shal
determine upon concerning you on their behalf
according TO law may require, and have yo
then and there this writ.
Witness, the Honorable R. B. Tsney, Chic
Justice Of the Supreme Court, the first Monds
In December, In the year Of our Lord one thou
eand eight hundred and sixty. 20
srssr.g.s Taos. srIcrn, Clerk.
Issued 26th May, 1861. ms
i THE MARsHAL's RETURN gf