Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-04
ffabeas Corpus Case I'm Baltimore.
From the Baltimore Exchange Of May IS.

henri the result Of the writ of ha5eas corpus is
sued by Chief Justice fancy in the case Of
John Merryman, Esq, who was arrested OF
the morning Of the 25th inst. When it was
found TINT Gen. Cadwalader had refused tt
obey the writ, 4 feeling Of great indignation
prevailed. The prompt and decided action o
the venerable Chief Magistrate of the nation
was received with u~ndisguised appreciation
The following is q correct account Of the pro
ceedings:
The following petition was filed in this cast
by Geo. NJ. Gill and Geo. II. Williams, Esqs.
counsel for Mr.. M%erryman:
To the Hon. Roger B. fancy,
CHEZ Justice Of the Supreme Court;
The petition Of John Merryman, of Balti
more county, and State Of Maryland, respect
fully shows that, being at home in his owl
domicil, he was, about the hour of two o'clock
A. NJ, on the 25th Of May, A. D. 1861
aroused from his bed by an armed force, pre-
tending to act under military orders, from
some person, to your petitioner unknown; tha'
he was by the said armed force deprived Of nj
liberty by being taken into custody and re
moved from his said house 10 Fort McHenry
near to the city Of Baltimore, and in the Dis
trict aforesaid. and where your petitioner now
is in close custody.
That he has been SO imprisoned without any
process or color of law whatsoever, and thaI
none such is pretended by those who are thus
OBTAINING him, and that no warrant from any
court, magistrate or other person having lega
authority to issue the same, exists to justify
such arrest, but to the contrary, the same as
above is stated hath been done without color
r 49, onl - r;olotiop oF tho CopctifItIOr
and laws of the United States, Of which he was
q citizen.
That since his arrest he has been informed
that by some order prrporting to come from
one General Klein, Of Pennsylvania, to the
petitioner unknown, directing-hn'.:+-=t esshs
captain Of some company in Baltimore county,
of which company the petitioner never was,
and is not captain, was the pretended ground,
as he believes, on which he is now detained.
That the person now so OBTAINING him and
holding him at said fort, is Brigadier-G General
George Cadwaluder, military commander OF
said fort, protesting to act in the premises un'
der or By order Of the United States.
The petitioner, therefore, prays that the writ
Of habsas corpus may issue, to be directed to
tue said George Cadwalader, commanding MIN
to produce your petitioner before you, Judge
as aforesaid, with the cause, if any, for his ar
rest and detention, to tho end that your pcti'
toner be discharged and restored to liberty,
and is in duty, &c.
JOHN MERRYMAN.
FnKr McHEsRr, May 25, 1851.
This petition was only sworn to by Geo. Ii.
Williams, ESQ, one Of the counsel before the
United States Commissioner, and affidavit was
also made by him that he had applied to Gene
raj Cadwalader for permission to see the written
papers, by virtue Of which said Mcrryman
was detained in custody, and TO make copies
thereof, which had been refused him by the
said General Cadwalader. These were laid
before the Court, whercupon his Honor Chic
Justice fancy passed m order directing THAT
the writ Of ha6eaS corpus issue in this case rs
prayed" and that the same be directed to Gen
eral George Cadwalader.
The writ was accordingly issued by the
Clerk Of the Court, as follows:
The UNITED STATES OF AMERICA,
DEPARTMENT or MARYLAND, TO WIT:
10 Gen. George Cadratader, Greeting:
You are hereby commanded to he and ap
pear before the Hon. Roger B. fancy, Chic.
Justice Of the Supreme Court of the United
States, at the United States Court room in the
Masonic Hall in the city of Baltimore, on Tues
day, the 9th day Of May, 1861, a, cley'
en- o'clock in the morning, and that YOU
have with you the body Of John Merryrnan, Of
Baltimore county, and now in your custody,
and that you certify and make known the day
and cause Of the capture and detention CT the
said John Merrymln; and that you then and
there do submit to and receive whatsoever the
Ia r.,.k ,t,,lI lotnr,;po upnp nnp,nrni0u
you, on their behalf, according to law, and
have you then and there this writ.
Witness, the Hon. Roger B. fancy. Chief
Justice Of The Supreme Court, the fntiEth Non
day il May. If tn" year Of orr Lord, lsGl.
THOMAS SPIcER,
Lt:Ik Circuit Court
Issued 2hth Nag, 1851.
The Chief Justice appeared in Court ut the
hour specified, ami directed the Marshal to
make his return in the case. The Marshal re-
piled that tho writ had been served, but as yet
there was no return prepared. The Clerk was
directed TO prepare it. While he was comply.
ing with this order, Col. Lee, Abide. Camp OF
Gen. Cadwaladcr, appeared in court, about
fifteen minutes after the commencement OF the
proceedings. lie stated that, in the absence
Of Gen. Cadwalader, who WAS unavoidably de.
tanned by pressing engagements, he was d.
rected to read to the court the communication
which he held in his hand. lie then proceeded
to read as follows:
HEADQUARTERS DEBT OF ASHAPoLIs,
Fort McHcnry, May %, 1861.
To the Hon. Roger B. Taney, Chief Justice
Of the Supreme Court Of ths United States,
Baltimore, Nd:
SIR:-Thc undersigned, TO whom the an
ncxcd writ Of this date, signed by Thomas
Spicer, Clerk Of the Supreme Court of the
United States, is directed, most respectfully
states
That the arrest Of Mr. Joha Msrryman, in
the said writ named, was not made with the
knowledge or by his order or direction, but
was made by Col. Samuel Yohe, acting under
the orders OF Maj. Gen. w. II. Keim, both ofsaid
officers being in the III litary service Of the
United States, but not within the limits OF his
command.
The prisoner was brought to this post on the
Goth instant by Adjutant James Wittimore
and Lieutenant VIM. H.. Abel, BY order of Col.
Yohc, and is charged with various acts OF trca-
son, and with being publicly associated with
and holding n commission as Lieutenant IN n
company having in their possession arms be.
longing to the United States, and avowing his
purpose of armed h0stilities against the Gov
eminent
lie is also informed that it can be clearly es.
tablished that the prisoner has made often and
unreseryed declarations of his association with
this organized force, MS being in avowed hostil'
ity to the Government, and in readiness to
cooperate with those engaged in the present
rebellion against the Government OF the United
States.
lie has further 10 inform you that he is duly
authorized by the President of the United
States, in such cases to suspend the writ Of ha,
5eas corpus, for the public safety. This is p
high and delicate trust, and it has been enjoin-
ed upon him that il should be executed with
Judgment md discretion, but he is nevertheless
also instructed thut, in times OF civil strife, cr-
rors, if anv, should be on the side Of snGcty to
the country.
lie most respectfully submits to your con-
sideration that those who should cooperate in
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