Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-05-31
Reported for The Baltimore Sun ]
L"ePo'ttu iot 'he baitmOrefun
THE HABEAS CORPUS CASE OF JOHN MERRY
MAN ESQ


THE HABEAS CORPUS CASE OF JOHN MERRY
MAN. ESQ
General Cdapaliddr R5dds Atidement- CHief Justice
Janey denies The Presidents Poorer to Suspend the
Hdbeas CrpHs-PrOeeedings TO be reported 10 the
PresidenL
In the matter OF the petition of John Nerryman for
writ of habcas corpus and the writ attachment against
General George Cadwallader for contempt 10 refusing
obedience to said wrt-before Honorable T.. 3. fancy
Chief Justice of the Supreme Court Of the United Satee
Tue following writ of attachment issued Monday
by order of Chief justice fancy reurnabe yesterday
L. o'clock which time Chief Justice fancy present
in the United STATES Courtroom 10 receive the marshas
return thereon and TO hear the
THE WRIT oF ATTACHMENT
The United States of America, District of Maryland to
wit:
To the Marshal of the Maryland District, greeting -
We command you that YOU attach the body of General
G ORG Cadwsisder. and him have before the Hon Rog
b. fancy, Chief Justice OF the Supreme Cont OF tie
United States, Tuesday the 2Sh of May, 1861, at
o'clock at the Circuit Courtroom of the United States,
in the city of Baltimore TO for his empt by
him committed in refusing produce the body OF John
Mer ym4r, OF Baltimore county, according 70 the
msnd Of the writ of habeas corpus reurnable and return
ed before the said Chief Justice this 27th day of May,
1851. Hereof yen not to fail at your peril and have
Won then and there this writ. Witness the Honorable
Roger B. fancy, Chief Justice of our Supreme Court,
the first Monday in December in the year OF our Lord
one thousand eight hundred and sixty.
Issued 27th May, 1861. THOs. SPIcER, Clerk.
Chief Justice Tarey upon taking his upon the
bench said that he desired that his associate,
Judge Giles of the Circuit Court present with him
yesterday by his invitation, because he desired 10 avail
himself Of his counsel and advice in so important
The writ of habeas corpus was ordered by him as Chief
Justice OF the SupT Court of the United States
scqueutly Judge Giles could not with him in the
He had also invited Judge Giles to be present to-
day. but he unable TO appear, ia consequence OF
engagement in connection with religious association,
whose deliberations Judge Giles considered it Important
that he should attend.
Chief Justice Tauey then called for the marshals re-
turn to the writ Of attachment above set FORTH when Mr.
spicer The clerk handed him the following, which the
Chief Justice requested him 10 read
THE xAEsHALs RETURN.
hereby certify that tie Hon. Roger B. fancy, Chief
Justice Of the Supreme Court of the United States that
by virtue of the within writ of attachment to direct
I'd Oh the 2Sih day OF May, 1861 | proceeded on the
2sth of May 1861 For; &cHenry for the purpose OF
serving said writ | sent in my at the outer gate
the messei ger returned with tho reply THAT there
was no answer TO my card, and therefore could not
serve the writ as was commanded. | was not permit
ted to enter the gate. So answers.
WAsHISoToN BoSIFAST.
U. S. Marshal for the dlstrc: OF Maryland.
Chief Justice fancy, after questioning Mr. Vance, the
Deputy United States Marshal in relation to his efforts
to serve the writ requested him to amend his return,
which he did by sdliog the words 81 permitted
10 enter the gate az above set forth.
STATEMENT or CHIEF JUSTICE rAxEY.
In relation to the return tn IChefJas observed that
the marshal had the power t. summon the posse conf
aid him in Selling aud bringing before the coaFt
the party named in the attachment, who would when
brought in be liable punishm by fire and nprison
ment. But where as in this case the power refusing
obedience va, so nOoriou>y superior to any the
sh5 could command be held that officer excused from
doing anything than he had done. The ChefJus-
ticp then mo ceded Is fellows:
81 ordered this attachment yesterday, because upon
the face OF the return the detention Of the prisoner
unlawful upon ths grounds:
"Frst-That the President under the constitution o.
the United States cannot suspend the privilege of he
5ri Of habeds corpus, nor authorize Military officer o
do It.
Second "A military officer has no right TO arrest and
detan person not suffice, to the rules and articles OF
war for an 0euse against the laws Of the United State
except in aid Of the Judicial authority aud subject it.
control and Il The party arrested b. the military, IL
tie duty of the officer to deliver him Immediately
the civil authority TO be dealt with according TO law.
forhore Yesterday to state orally the provisions o!
the constitution Of the United States which make these
PRINCIPLES the fundamental law OF the Union because al
oral statement might be misunderstood in portions
of IT, and shall therefore put my opinion ia writing and
file it in the Office Of the Clerk OF the Circuit Court
the course Of this week"
He concluded by saving that he should cause his opn.
ion when filed, aud all the proceedings 10 be laid before
the President in order that he might perform his
stitu'iOna duy 10 enforce the laws by securing obed
cnce to the process Of the court
Here the Chief Justice concluded his remarks and
the case far the Judicial process is concerned is
closed.
persona who crowded the court and the street in
front during the morning thther by The into
and importance OF the in The Present condition
Of public affairs.