The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-06-29
INTERESTING HABEAS CORPUS
4: =. Z: ... ,....o ot- CASE. III

. " 4
INTERESTING HABEAs CORPUS
4. =. .5& ... , 4 <tS CASE.
II viii be remembered by orr readers
/ that The Pony brought information a
Eshort time since that John Merryman. q
worthy mud respectable citizen Of Balti-
more County, was arrested by Govern.
men, officers, on the gath Of May; he
was charged With Lprning lie Bridges on
Ethe Northern Central Road; MISC thai he
| was taken 10 Fort McHenry; and that Il
Twas understood that he had acted urder
The altthority Of the Mayor aud police
commissioners Of Baltimore. 81:
Il This arrest and the Subsequent pro
fceeiings ii the rsse, have produced quite
E.a sir among onr eastern neighboEs 1t
appears that Chief Justice Roger b.
/ Fancy issued a writ Of kabeds forpas ID
The case Of John aItrrymaa Gen Cad.
walader detlibcd 10 atrrdc to the demand,
on The ground That President Lincoln had
Flu this else suspended the writ Of Adbtqs
corpass Tie consequence was that, on
1.-THE 2Tth,a arit.ot attachment was issued
| against the General for contempt Of
I.couFl. .,3%s. .....s...
Tie niarshnt, on arriving al Fort Nc.
f. T. q = ta l g
Henry with the Writ. was refused admit,
faace. tbs he reported in Court. Oh
fthe SSH FL. #. 4. 4
Chief Justice fancy then read the fol,
i9phg statement. I'D 7. !: ... +. i. :.
! ORDERED tie attachment yesterday &c.
eaGse Npol ting face of the return The .deteG,
tlq,, II tho prisoner was nflia wfut ttpau two
fsr0pAlls::: \. !: s, ,. f :... .:. . +. /:
| =, fifst: The President nndeT She Con,
}stitJtieu and laws Of the United States,
fcaiinpt suspend tie ltiyilrge OF the arit
Fof ,satests taTPltss nor authorize any mill.
ftarg oilirer TO do So ... 800 :. i
r. Second. A military officer has no right
| to aTFest aud stletain a persef, nor sab.
ieet him 10 she rules and articles OF Rar
/ tor. IN offence against the laws Of the
| United States, exrept IN aid of the ju,
/ dit.iai authority and Sntjtct Co us control;
and Il the PARTY is arrested by the mlli-
taFy tbs the duty Of The officer to deliver
him over immediately to the civil .;au.
ttimity, to be dealt With according to
law, sss III. Z +. ,s 4: zc.
/ III fofbore yesterday TO state orally the
provisions of. the Constitution OF the
United States. which make these prime.
! pies the fundamental law OF the T. mon,
! because All oEaifslatement might be. mis-,
understood in some portions OF il; aud |
shah, therefore, put my opinion in writ.
Eingi and file it IN the office Of the clerk OF
tile GlFenit Court, in the. course of the
week, II. . @- -. =. 4.
/, The Judge added that the: military au,
tthortty WINS always subordinate to civil,
That, under ordinary circumstances, il
would he the duty OF tie marshal. TO pre-
coed With posse :cbmifatas and bring the
party named in the writ into court. but.
from the notori0usIy superior force that
| be would encounter, this would be i'm
possible, He said that the marshal had
done all in. his power TO discharge. his
duty. = -. ..:,.. . -
During the week he should prepare his
! opinion in the premises. and forward it TO
the President, calling npoR him, to per
form bis constitutional duty, and see that
! the laws be faithfully executed aud the
DEGREES OF this Court enforced. - ~.