Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1861-10-31

Iue fOVOSG MaTSual, ana he auuOuuccu MS
purpose to apply for his release. I told
him that whatever application he had to.
make must be in writing and upon proper
affidavits, and that as the whole Court was
in regular session, he must make it to the
Court in full sitting, and he withdrew to
confer with some of his brother lawyers upon
his course. After dinner [ visited my bro
ther judge in Georgetown, and returning
home between half-past and o'clock
found an armed sentinel stationed at my
door by order of the Provost Marshal. l
learned that this guard had been placed at
my door as early as five o'clock. Armed
sentries from that time continuously until
now have been stationed in front ofmy house
Thus itappears that military officer, against
whom writ in the appointed form of; law
has issued first threatened with, and after
wards arrested and imprisoned the attorney
who rightfully served the writ upon him
He contrived and still continues, in contempt
and disregard of the mandate Of the law
and has ANONYMOUSLY placed an armed
guard to insult and intimidate, by it's pre-
sence, the judge who ordered the writ to
issue, and still keeps up this armed array at
his door in defiance and contempt of the
justice Of the land. Under these circum-
stances, | respectfully request the Chief
Justice of the Circuit Court to cause this
memorandum to be read in open Court to
show the reasons for my absence from my
place upon the bench, and that he will cause
this paper to be entered at length on tie
minutes of the Court alongside the record
Of my absence, to show through all time
why do not this 22d day of October, / SCI,
appear in my accustomed place.
VIM NJ MEREIcK,
assistant Judge Circuit Court D. G."
The letter having been read. the Chief
Judge Dunlop, announced that with the
consent Of his brother judge, NIorsell, the
desire of Judge Merrick, that it be filed,
would be complied with. The writ If
tabcas corpus, having been regularly issued,
they regarded the case as now before the
Court for trial and it's progress having
been obstructed, the Court must apply the
lawful remedy. 1t would, therefore, order
a rule to be served on Gen. Andrew Porter
70 show cause why an attachment for con-
temRt Of Court should not issue against him.
heveuerabls Judge Morsell also indul-
r in some remarks, indiaating hisuie;xsAf
TN nia tttr, as one or oUspr ,.,1tivu
authorization Of justice embarrassin9s5t
Judge Merrlck, and preventing his appear
ance in Court, because he issued a writ,
just such as the law requires. The Court
had its sworn duty to perform in admins
tering the law, and he (Judge MorsclD
would have the Provost Marshal satisfy it,
both as to the writ and the detention. He
held that if martial law is to be the guide
the President of the United States should
so declare, by issuing his proclamation
He would not controvert his right to do so;
but in the meantime the judges must do
their duty under the law, as they are liable
otherwise to be punished. He declared
that he would do his duty, and vindcate the
character Of the Court as long as he sat upon
the bench. Il am an old man." he sad
my life may be but day-but while l
have life. shall be true to the duty before
me-" Some sensation was here manifest
among the larger number of members of the
bar and others present, and was taking ex-
preston in rising applause, but the Deputy
Marshal, Mr.. Phillips, quickly checked it.
1t was determined that Gen Porter should
be required to appear before the Court on
Saturday morning next, and Judge Dunlop
then prepared the notice to be served upon
him, that he there show cause why the writ
of attachment for contempt shall not then
ISSUE
Such are the proceedings so far. Vari-
GUS interpretations, it is stated, had, howev-
er, been given to the placing of the sentries
before Judge Merrick's door prior to the
proceedings in the Court. The fact that no
actual seizing and taking off of the Judge
had occurred gave rise to the report that it
was Mrs. Merrick, and not the Judge, who
was considered the offending party. In the
cases Of ladies generally who have become
obnoxious, the practice has been, except
temporarily in a few cases, merely to hold
them under arrest as prisoners in their own
domicils, with military guards.
It will be recollected that Judge Merrick
lately, in case of habcas corpus in behalf
of young recruit, asserted the supremacy
of the civil over the military authority to
such extent as to declare that the military
officer had no excuse for not obeying the
writ, even though his superior officer had so
commanded, and discharged the recruit as
minor enlisted without the consent of his
parents. at the same time requiring the Off
Ger to purge himself of contempt Of Court.
He has-however, in a similar case of mi
nor, since remandcd the recruit back to his
company. as the circumstances indicated
that the father had prior knowledge Of the
enlistment and allowed it to go on. With
regard to Mrs. Merrick it may be stated that
her maiden name is Wickliffe, and that she
is sister of both Mrs. Senator Yulec, of
Florida, and Mrs Holt, of Kentucky, the
former cspousing the cause of the South,
and the latter the Union These ladies are
all the daughters of the late Hon. Mr..
Wickliffe, Of Kentucky, formerly Postmaster
General.
Ey- General Rosecrans has caused to be
arrested the correspondent of the Cincinnati
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