Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-06-01
The UNITED STATES OF AMERICA,
nisfricf of Mar, lnnh IN W.

IL
To the Marshal Of the Maryland District greeting =:
We command you that you attach the body of Genera
George Cedwalsder and him have before the Hon Rog
b. Taney, Chief Justice of the Supreme Court of tt,
United States Tuesday, the 2Sh of May 1861 at
O'clock at the Circuit Courtroom of the United States
in the city OF imore answer for his contempt by
him committed in refusing TO produce the body of Johr
Aerryman, oi Baltimore county, according to the CON
mand Of the writ OF habeas corpus reunabc and return
ed before the said Chief Justice this 27h day Of May
1861 Hereof you not to fail your peril and ha't
you then and there this writ. Witness the Honorable
| Roger b. Taney, Chief Justice of our Supreme Court
the first Monday in December n the year of our Lord
one thousand eight hundred and sixty
Issued 27th May, 1861. THos. SPIcER, Clerk.
hereby certify to the Hon. Roger b. Taney, Chief
Justice OF the Supreme Court of the United States that
by virtue Of the within writ of attachment to direct
ed on the 27ih day of May, 1861, proceeded on the
2Sth of May 1861 to Fort Mcenry for the purpose Of
serving said writ sent in my at the outer gate
the messenger returned with the reply "hat there
was no answer to my card and therefore could not
serve The writ as was commanded. not permit.
ted TO enter the gate. So answers.
WASHINGTON BoSIFASP
U. S. Marshal Tor The district OF Maryland.
Chief Justice Taney then turned 20 Deputy Marshal
Vance aud said Then the writ is not arswered?"
Deputy Marshal Vance-There was no answer sir, OK.
cept that 'there reply to my card" Oqs not
permitted 10 enter the outer gate.
Chief Justice Taney-Wel you should state that
The fact does not appear in your return.
Mr.. Vance amended the retuTn ia compliance with the
suggestion by addDG the words at the end Of the returr
printed IN itscs, aud handel the paper to the Chief
Justice. The latter proceeded to read from manuscript
the subj oined remarks previous saying Gentlemen
shall feel it my duty to enforce the process Of the
court"
81 ordered this attachment yesterday, because upon
the face Of the return the detention Of the prisoner was
unlawful, upon the grounds:
tirst-That the President, under the constitution of
the United States, cannot suspend tie priUiifys of the
writ cf habeGs corpus nor authorize military officer
do it,
Second-A military oiicer has no right to arrest ard
deain person not suffice; to the rules and articles Ct
wa for an oeuse against the laws Of the United States
exeep! in aid OF the Judicial authority, and subject its
control and II the party arrested by tue military it is
he dlty Of the officer to deliver him Immediately
the civil authority to be dealt with according law
for5Ore yesterday TO state orally the provisions OF
the constitution Of the United States when make these
prinCf les the fundamental Law Of the a.ou because an
oral statement might be misunderstood in some portions
of IT, aud shall therefore put my opinion 10 writing and
file 1t in the Office Of the CLERK OF the Circuit Court IN
the course Of this week"
After reading The above, the Chief Justice orally re-
marked:
In relation to tue present rctuTa il proper to say
that OF course the Marsha has legally the power to sum
mol oGt the posse c0iaia.us 10 seize aud bring into
court the party named in he attachment but it ia ap-
parent he will be resisted In the discharge Of that duty
ry force lo.vrionsy superior 10 the posse aud this be-
iug The case such proceeding result Ia no good
aud is useless. will not, therefore, require the Marshal
TO perform this duty IT, however General Cad sa.der
were before jre, should impose him the punishment
which il 10 within NY province to Lfct that OF fac aud
imprisonment shall merely say to-day that shall re-
duce 20 writing the under wh eh have acted
and which have led me to the conclusions expressed in
M opinion, aud shall report them with these proceed
nss to the President ard call upon him perform h1
Constitutions, dutyto enforce the laws by compelling
Obedience TO the civil process.
In short lime tte large crowd which had assembled
disPersCd Tie greatest indignation wss universally ex
pressed at tho action Of Gen. Cadwalader.