The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-06-14
TEE MERRYMAN CASE.
DeclsIOu of Chief justice fancy.
s1 parts
JoHN ERRYMAN.

JoHN MERRYMAN. Supreme Court of the United
States, at Chambers.
The application IN this case for writ of habe-
as corpus is made to me under the 14th section
OF the Judiciary Act of 1899, which renders eff
fectual for the citizen the constitutional privI-
lege OF The writ of Aabeas corpus. That act
gives 20 The Courts Of the United States, as we'll
as TO each Justice of he Supreme Court, and to
every District Judge, power to grant wrlts of
habeaS corpus for the purpose OF ar inquiry
into the cause of ccmmIt Itment. The pc
tition was presented 10 me at Washington un-
der the impression that would order the
prisoner 10 be brought before ne there, but as
he was confined in Fort McHenry, al the city
Of Baltimore, which is in my circuit, Iresolved
TO hear il in the latter CITY, as obedience TO the
writ, under such circumstances, would not
withdraw General Cadwaader, who bad him 10
charge, from the limits Of bis military COM
mand.
The petition presents the following case =
The petitioner resides 10 Maryland, in Balti-
more county. While peaceably in his own
hoass, with his family, he was, a' O'Clock, on
the morning oil the 25th of May, 1861, arres-
ted By an armed force, protesting TO act under
military orders. He was then compelled TO
rise from his Bed, taken into custody. and con-
veyed to Fort McHenry, where he is imPrIson-
ed by the commanding officer, without warrant
from any lawful authority.
The Commander OF the Fort, General George
Cacwalader,b by vi hom lie is d.tatnpd IN confne-
menl, in his return TO the writ, does not deny
any of the facts alleged IN the petition. He
states that the prisoner was arrested By order OF
General kelm, Of Pennsy lvania, and conduc-
ted as prisoner to Fort McHenry by his order,
and placed in his General CadwaInder'sl custo-
dg TO be there detained by.him a prisoner.
A copy of the warrant or order under which
the prisoner was arrested was demanded by his
counsel, and refused And il s not alleged in
the return that any specific act, constituting
ar offence against the laws OF the United States
has been charged against hlm upon oath, bat he
appears TO have been arrested upon general
charges Of treason and rebellion, without proof,
and without giving the namts of the witnesses,
or specifying he acts which, in the judgment
Of the military officer, constituted these crimes.
And having the prisoner thus in custody upon
these vague and unsupported accusations, he
refuses 10 obey the writ of habeaS corpus, upon
the ground that be is duly authorized BY the
Presidentto suspend it.
The case, then, is simply this "A military
officer, residing in Pennsylvania, issues an order
10 arrest citizen of Mary land, upon vague and
indefinite charges, without any proof 50 far as
appears. Under this order, his house is enter
ed in the night he is seized as prisoner, and
conveyed TO Fort McHenry, and there kept in
close confinement. And when habeqs corpus
IS served on the commanding officer, requiring
ham 10 produce the prisoner before Justice of
'he Supreme Court, 10 order that he may ex-
anime into the legality Of the Imprisonment,
the answer Of the officer is that he is authori
zed by the President to suspend the writ OF
ha3s0S e9FFgg 81 his discretion, and in the ex-
sTcise of that d3cretion, suspeHds ii in this case,
and on that ground refuses obedience to the
grit.
As the case comes before me, therefore, un-
aerstand that the President not only claims the
right 10 suspend the writ OF habsQs corpus him.
self, al bis discretion, but TO delegate that dis
cresionary power to military officer, and to
leave il to him to determine whethe: he will or
will not obey judicial process that may be serv-
ed upon him.
No official notice has been given 10 the courts
olJrstlce, or 10 the public, by proclamation or
otherwise, that the President claimed this pow
eF, and had exercised it in the manner stated 10
ihe return. And / certainly listened to 1t with
some surprise, for had supposed il to be one OF
shose points of constitutional law upon which
there was no difference Of opinion, and that It
was admitted 90 all hands that the privilege OF
'he WrIt could not be suspended, except by acl
Of Congress.
When The conspiracy OF which Aaron Burr
~s' the bead became so formidable and was so
extensively rami6ed as TO justify, in Mr.. JET
er'3n opinion, the suspension of the writ, be
eis'med, on bis part, no power to suspend it
oa' con.muaicated hia opinion to Congress with
vi vi the proofs in his possession, IN order that
congress might exercise It's discretion upon the
iHeIect, aud determine whether the prblic sate-