Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-01
John merry man, n no llapeAs cerpps

Case.
The following Is the writ Of attAohmsut D.
sued In this case against Gen. CADwALLADEa,
with the return Of the Marshal and the pro-
ceedDgs thereon:
THE WRIT OF ATTAcHMENr.
The United States Of America, District Of
Maryland, to wit: f N FA LJIk
greeting;--We command you that you attach
The body Of General George Cadwailader. and
him have before the Hon. Roger B. Taney,
Chief Justice of the Supreme Court of the
United States, on Tuesday, the 25th Of May,
1861. ut II O'clock NJ, ut the Circuit Court
room OF The United States In the city of Balti-
more, to answer for this contempt by him COM
mitted in refusing to produce the body OF John
Merryman, of Baltimore county,. according to
che command Of the writ Of habeas corpus re-
turnable aud returned before the said Chief
Justice this 9Th day Of May, 1861. Hereof
you are not to fail at your peril, and have you
then and there this writ. Witness the Honor.
able Roger b. Taney. Chief Justice of our Su.
preme Court, the first Monday In December, 10
the year Of our Lord one thousand eight hun
ired and sixty. ~ g, NJ AZ. ~ ~ (
~ 8'xsa "a THos. SPIcER, Clerk.
| Issued 9th May, 1861.
Chief Justioe Tapev. unon taking his aeat
upon the bench, said that he desired to state
that his associate, Judge Giles, Of the Circuit
Court, was present with him Yesterday by his
invitation, because he desired to avail himself
Of his counsel and advice In so importanta . case,
| The writ OF habeas corpus was ordered by him
as Chief Justice Of the Supreme Court OF the
United Statesi consequently Judge Giles could
not act with him In the case. He had also invi'
u Suuso onos " pe presens 'o-uAy, ous no "a'
sot IN coppso,;on !" ,,h aI;";os aasoost;ou
vhoaa dej;hers,;ona Irars G;ies considsred n
;mnortant that he sbcu,d s,tand
Chief Jnstica Tsnev then called for the Mar
sbal,s yatnrn to tbo v,;, of at.schynant ahove
set forth when M snicsr' the ciarL HANDED
him the follov;no whtch The Cbisf jrs,;ce re-
onestod him N resd. : : =
f-'.""-'' fe-'oN -
| .TSs TIE hAhsHALs hhIohh. ". 81
hereby certify TO The Honorable Roger b.
fancy, Chief Justice OF the Supreme Court OF
the United States, that by virtue Of the within
writ Of attachment TO me directed ON the 9Th
day OF May. 1901, proceeded on the 2eth day
Oh May, lool' 70 Fort Mchenry Tor the purpose
Of. serving said writ. sent in my name at the
outer gate-the messenger returned WIN tne
reply "that there was no answer to my card,''
l
commanded Twas not permitted to enter Inc
gate 80 answers fgsta docs
WAsmsoToN. BoNlFAnr' -
us. Marshal for the District OF Maryland
Chief Justice Tauey, after questioning MIR
Vance. the DEPUTY u. S. Marshal, in relation tc
hia Efforts In serfe the writ. reonested him 70
amend his return, which he did by adding the
i words "I was not permitted 10 enter the gate, II
as above set forth.
srAprfTh1Sf W 'f ohiAfi 'yOiioh F rAsH,I
ln relation TO the return, the ChietJustice OBJ
served that the Marshal had the power to sum
mon the posse comiiatus to aid him In seizinE
and bringing before the court the party named
In the attachment, who would, when go brought
In, be liable to punishment by tine and imprison
, ment. But where, as'in this case, the powe'
refusing obedience was 60 7notoriously superior
70 any the Marshal could command, ne held tina
officer excused from doing any thing more thar
he had DONE Inc Chiet justice tnen proeeedee
as follows;
VI ordered TINS attachment yeateIday, DC
cause upon tbe lace OF the return, the oeten-
tion OF the prisoner was unlawful, upon th'
grounds;
first.Ihat the Pfeshent, under the Constl'
tuition OF the United states, cannot suspend IN
prio'iege q me tor't @ haeeas corpus nor author
: ize military omcer 10 90 IT,