The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1861-06-11
THE JOHN MERRIMAN HABEAs COR.
PTsCtsE.
BALTIMORE, Tuesday, May %, 1861.


BALTIMORE, Tuesday, May %, 1861.
st. Paul's street, fronting the United States
Court House, was dcnsely crowded, as was
also tho court room, at noon to-day, to learn
the proceedings Of tho haleas corpus case of
John Merryman.
Gen. Cadwalader having, as stated yester-
day, declined acccIing 10 tho demand until
La could hear from Washington, writ o.
attachment was issued against him to-day for
contempt of Court. The Marshal reported
that on going to Fort McEIenry to serve the
arit Lc was refused adnittance.
Chief Justice Tauey then read tho follow.
Ing statement:
II ordered the attachment yesterday be-
cause upon the face OF its return the deten.
ton OF tue prisoner was unlawful, upon two
grounds:
"FirSt' The President, under the Consti.
tuition aud laws Of the United States, cam OF
suspend the privilege Of tho writ of habeas
corpus, nor authorize any military officer to
do 20.
".Seeona: a military officer has no right
to arrest and detain person, nor subject him
to the rules and articles Of war for an otfensc
against the laws of the United States, except
III aid of the judicial authority and subject to
its control, and if tho party is arrested by the
military, it is the duty Of the officer to de-
liver him Immediately over to the civil au.
thorty, to be dealt with according to law.
ii io!ebore yesterday to state orally the
provisions Of the the Constitution of the
United States, which make these principles
the fundamental law Of the Union, because
an oral 81 statement micht be misunderstood in
some portions of 1t. / snail, therefore, put
ny op.uiin IN writing and file it in the office
Of the Clerk Of the Circuit Court, in the
course Of this week.
The Judge added that the military author
ity was always subordinate to the civil
That, under ordinary circumstances, it would
be the daty Of the Marshal to proceed with
posse coNiatus and bring tho party named
IN the writ, into the Court; but, from the
VIGOROUSLY superior force that he would en-
counter, thi, wouId be impossible. He said
the Marshal had done all in bis power to dis.
charge bis duty.
During tho week. he should prepare bis
opinion in the premises and forward it 10 tue
President, ealing upon him to perform Lis
constitutional duty, and see that the laws be
hitifuliy cxecaleI and enforce the decree. Of
this Court.
The following is Gen. CalwaIaler's letter
to Judge fancy;
HE,pquAHTrpa NrrIRrvrNT or ANSIpoLIs I
Fotr McrsNhA, Slay %. 1861.
TO thc Hon EocEa b. TAN,Y Chief Jusr- Of tn. su-
prone Cour, OF the United States, Baltimore, Nd:
SIR: The Undersigned, TO whom the an-
ncxei writ OF this date, signed by Thomas
Spicor, Clerk OF the Sap,eme Court Of the
United States, is directed, most respectfully
states
That the arrest of Mr.. John Merymsn, ,n
the said writ named was not made with the
know ledge, VI D, Lis order or direction, but
WAS made by Col. Samuel Yohe, acting un-
der the order. of Maj. Gen. Wm. II. Ke,m,
both of .aid officers being in the military GER
vice of the United Statoo, bat not within the
limits Of hi, command.
The prisoner WAS brought to this post o.
the Goth inst. 4, by Adjltant James Wittmore
and Lieut.. Wm. II. Abel 10y order Of Col
Yohc, and is charged with various scts Of
treason, anl with being publicly associated
with aud holding commitsion as lieutenant
in company having in their possession arms
belonging to the United States, avowing his
purpose Of armed hostility against the Gov
CrGm.ut.
He is also informed that it can bo clearly
established that the prisoner has made often
and unrcsrycd declarations Of his association
with ,he orgtu,ad force, as being in avowcd
hostility to tho Government, and in readiness
to cooperate with those engage in the pre-.
sent rebellion against the Government the
United Sl,,ss.
lie has further {, inform You that lie is Gu.
l. authy,iz i ly the President of the United
States in sucL cases to suspend the writ Of
Labcas corpus, for tho public safety. This is
high and delicate trust, and it has been en-
joined upon him that it should be executed
with j udgomgnt AMI discretion, but he is nev.
crthcle,s also instructed that in times OF civi!
strife, crrors, il any, should bo on the side Of
safety to the country.
llc most respectfully submits to your con
slcfation that those who should co-opersts
in the present trying and painful position in
which our country is pleccd, should not by
reasons of any unnecessary want Of confidence
in each other, increase our embsrassmcnts.-
lie therefore respectfully requests that you
will postpone further action upon the case un
iii he can receive instructions from the Prcsi
dent ef the United States, when you shall
hear further from him.
have the honor 10 be with high respect,
Your oledicnt servant,
GEO. CADWALADER, Brevet Major General.
United States Army, Commanding.
Il regard TO tho Fourth Regiment, tho
Adrian Erposior saws the North Wing OF