Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-04

returned before me at 70 o'clock tomorrow, a
the room Of the Circuit Court.
ROGER B. TASEr.
Monday, May q, 1861.
From the Baltimore Exchange Of May wi
GEN. cApwALADER REFUSES TO RECOGNIZE TIL
ATTACHMENT.
The attachment issued on Monday last D.
Chief Justice fancy, against Gen. George gao
walader, for refusing to obey the writ OF hGoea
eoypus in the case Of John Merryman, ESQ.
wus made returnable yesterday ut - o'clock
At an early hour of the day, the u. S. Circul
Court building was besieged by an immens
crowd.
Immediately upon the Court room oelnl
opened, about half-past eleven o'clock, TIT
crowd rushed in, and, in u short time, the room
was completely filled.
About twelve o'clock the venerable Che
Justice made his appearance. Upon takini
his seat, the Chief Justice stated that be de
sired to make On explanation before the hear
ing of the case, to the effect that Judge Giles
who was present yesterday, was absent today
owing to the fact that he was attending a meet
ing Of his church, which he considered Of in
terest to himself and perhaps important to the
community. He (the JUSTICE had invited
Judge Giles to be present, because he had de
sired his counsel and advice in SO important
casc. but he did not sit in the case as an officer
of the Court, and desired this explanation te
be made.
The Chief Justice then asked the Marshal
if be had the return. The Marshal handed to
him the following papers, which the clerk
read aloud
THE UNITED STATES OF AMERICA,
DlsTRIcr OF MARYLAND, TO WITTY
To the .Aarshal eJ tile Maryland District
Greeting:
We command you that you attach the body
Of Gen. George Cadwalader and him to have
before the Hon. Roger B. fancy, Chief Justice
Of the Supreme Court Of the United States, on
Tuesday, the 2sth May, 1861, at y o'clock,
V st the Circuit Court Rooms of the United
States, in the city Of Baltimore, to answer for
his contempt by him committed in refusing to
produce the body of John Merryman OF Balti'
more county, according to the command Of the
writ Of habsas corpus, r%eturnable and returned
before the said Chief Justice this 9th day o.
May, 1861. Hereof you are not to fail, and
have you then and there this writ.
Witness, the Honorable Roger B. fancy,
Chief Justice of tho Supreme Court, the first
Monday in December, in this year OF our
Lord, 1861.
Issued 9th Nay, 1861.
THOMAS SPlCER, Clera.
hereby certify to the honorable Roger B.
fancy, Chief Justice of the Supreme Court Of
United States, that by virtue OF the within
writ OF attachment to me directed on the 9th
Of May, 1881, | proceeded on the 2eth day oil
May, 1861, to Fort McHenry, for the purpose
Of serving the said writ. l sent in my name
at the outer gate; the messenger returned with
the reply 'that there was no answer to my
card" l, therefore, could not serve the writ
as | vas commanded. I toas not permitted 10
enter the gate.
So answers WASHINGTON BoNIrAST,
U. S. Marshal for the District of Nd.
Chief Justice fancy then turned to Deputy
Marshal Vance and said "Then the writ is
not answered 2"
Deputy Marshal Vance-Thcre was no an
s@er, sir, except that there was no rely IA
my card" I a0as not permitted 10 enter the
outer gate.
Chief Justice Tancy--Well, you should state
that. The fact does not appear in your re-
turn.
Mr.. Vance amended the return in compli'
ance with the suggestion, by adding the words
at the end Of the return, printed in italics, and,
handing the paper 10 the Chief Justice, the
latter proceeded to read from q manuscript the
subjoined remarks, previously saying: Gen
tlemen, | shall feel it my duty to enforce the
process Of the Court"
I ordered the>attachment, yesterday, because,
upon the face Of the return, the detention Of
the prisoner was unlawful upon two grounds
J.. The President, under the Constitution
and laws of the United States, cannot suspend
the privilege Of the writ Of Aubsas corpus, nor
authorize any military officer to do SO.
2. A military officer has no right to arrest
and detain a person, not subject to the rules
and articles of war, for an offence against the
laws Of the United States, except in aid Of the
judicial authority, and subject to its control
and if the party is arrested by the military, it
is the duty Of the officer to deliver him over
Immediately to the civil authority, to be dealt
with according to law.
forebore yesterday to state orally the pro.
visions of the Constitution Of the United States,
which make these principles the fundamental
law Of the Union, because an oral statement
might be misunderstood in some portions of
it, and I shall therefore put my opinion in wri-
ting. and file it in the office ofthe Clerk of the
Circuit Court, in the course Of this week.
After reading the above, the Chief Justice
orally remarked:
In relation to the present return, it is proper
to say that Of course the Marshal has legally
the power to summon out the posse comitatus
TO seize and bring into court the party named
in the attachment; but it is apparent he will
be resisted in tho discharge Of that duty BY G
force VIGOROUSLY superior to the posse, and
this being the case, such q proceeding can re-
suit in no good, and is useless. | will not,
therefore, require the Marshal to perform this
duty. II, however, General Cadwalader were
before me, | should impose on him the punish
ment which it is within my province to in6ict,
that Of fine and imprisonment. I shall merely
say to-day, that l shall reduce to writing the
reasons under which I have acted, and which
have led me to the conclusions expressed in
my opinion, and shall report them with these
proceedings to the President, and call upon
him to perform his Constitutional duty-to
enforce the laws, by compelling obedience to
the civil process.
in a short time, the large crowd which had
assembled dispersed. The greatest indigna-
ton vas universally expressed at the action Of
Gen. Cadwalader.
THE VERDICT OF TIE CoRoNER's JURY AT
ALEXANDRIA IN RELATION TO THE DEATu OF
Mr.. JAcSsoN.-Some Of the citizens of Alex
andria evidently regard the death Of Mr.. jack
son, the proprietor Of the Marshall House, in a
very different light from what it is looked