The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-05-28
CITY NTELLIGENCE.
WRIT OF HABEAs CORPUS SUSPENDED


Yesterday morning the United States Court
room was filled by dense crowd anxious to hear
the result of the writ of ha5eas corpus issued by
Chief Justice Taney, in the case of John Merry
man, Esq, who arrested on the morning of the
10Th inst. When it was found that Gen. Cadwala-
der had refused to obey the writ feeling of great
indignation prevailed. The prompt and decided
action of the venerable Chief Magistrate of the
nation was received with undisguised appreciation
The following is correct account of the proceed
ings:
The following petition was filed in this case by
for MIR. Merryman: ~
To the Hon. Roger B. Tdney,
thi,f Ju tice Of the Supreme Court:
The petition OF John Merryman of Baltimore county
and State of Maryland, specially shows that beno at
home in his domcil he was about the hour of two
o'clock A NJ on the 25th of May. A. D. 1861, aroused
military orders from person to your petitioner un
known that he was by the said armed deprived of
ms liberty by being taken into >tody a1d remov ed
from his said house to Fort McHenry near t. the CITY of
Baltimore, and in the lis tric aforesaid and where YOUR
petitioner now is in close custody.
That he has been imprisoned without anv process or
color OF law whatsoever and that such is pretended
by those who are thus OBTAINING him, and that no war
rant from any court magistrate other person having
legal authority to issue the exists Justify such
arrest nut TO the contrary the same as above stated
hath been done without color of law and violation the
Constitution and laws of the United States of which he
is a citizen.
That since his arrest he has been informed that by
some order purporting to from one General Kem
of Pennsylvania, to the petitioner unknown directing
the arrest OF the Captain Of 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 so detaipng him and boIding hin,
at sad Tort is BrgaderGeneral George Cadwalader mill
y OF sad fort professi"g to act in the pre-
misses under or by order of the United States
The petitioner therefore, prays that the writ of hae1s
corpus may issue to be directed to the said George Cad
lore you Judge aforesaid with the cause if any for
his arrest and detention, the end that your nett
duty. &c, Jouy Nrppyu,v
Fort McHenry, May Is, 1861.
Ihls petition was only sworn to by GEORGE n
Williams, Esq, of the counsel before the 9. S.
Commissioner, and affidavit was also made by him
that he had applied to Gen. Cadwalader for ner-
mission to see the written papers, by yirtue of
which said Merryman was detained in custody, and
to make copies thereof, which had been refused
him by the said Gen. Cadwalader. These were
laid before the Court, whereupon his Honor Chief
Justice Taney passed an order directing "that the
writ OF habeas corpus issue in this case as praved
and that the same be directed to Gen. Geo, Cad
waader."
The writ was accordingly issued by the Clerk of
the Court, as follows:
TIE UNITED STATES OF AMERICA
DEPARTMENT OF MARYLAND, TO WIT
TO General George CddlUaldder, Greeting:
You are hereby comm nded and appear before the
honorable Roger B. Taney hie Justice of the Supreme
Court OF the United States the United States court-
room in the Masonic Hall in the city OF Baltimore on
Tuesday, the 9th day of May 1861 at IL O'Clock in the
morning ana that you have with you body of John
Merryman, of Baltimore county and NOW in vour cns,o
dy and that you certify and make known the dsv and
cause OF the capture and of the said John Merry
man. and that you the1 and there do submit to and r
ceVe whatsoever the said Court shall determine upon
concerning you, on their behalf according to law and
| have you then and there this writ ~
Witness the Hon. Roger B Taney Chief Jusica of tho
supreme court the fourth Monday in May. in year
! of our Lord 1861. THOMAS SpIcER
Issued Goth May. 1861. 0'"'''
The Chief Justice appeared in Court at the hour
specified, and directed the Marshal to make his re-
turn in the case. The Marshal replied that the
| writ had been served but as yet there was no re-
| turn prepared. The Clerk was directed to prepare
It. while be was complying with this order, Col
Lee, Alde de Camp of Gen. Cadwaiader appeared
| IN court, about fifteen minutes alter the COM
mehcement OF the proceedings. He stated that in
tne absence OF Gen. Cadw alader, who was unavoid-
aniy detained by pressing engagements. he was
olrected TO read to the Court the communication
s Whlen ne held IN his hand He then proce eded to
hEApeuARrERs DEPARTMENT OF ANNAPOLIS
| NJ ~, H., n, FORT McHENRY. May 25. 1861 (
Preme Court Of the United States B1Itimors ,ad ~"
| SIR-The undersigned, to whom the annae, ,ho .
this date, signed by Thomas Spicer Clerk of ~ VI
Court of the United States, is directed
states
That the arrest of Mr. John Merrymap, in the s.;s
writ named was not made with the knowledge or by his
! order direction, hut made by Col. Samuel Yoba
acting under the orders of Major General Wm Keim
both Of said officers being in the military of the
United States, but not within the limits of his command
The prisoner brought this post the goth in.
slant by Adjutant James Wittmore and Lieutenant m
Abel by order Of Colonel Yohe, and is charged with
various acts of treason and with being publicly assoca
ted with and holding a commission Lieutenant in
company having in their possession belonging to
me United States, and avowiDg his purpose Of armed
hostility against the Government.
he rs also informed that it be clearly established
e prisoner has made often and unreserved decara
o ms association with this organized erce, being
- - hostility to the Government and in readiness
with those engaged in the present rebellion
"sn'nst the Government of the United States.
b 49, to inform you that he is duly authorized
sysn ,esldent OF the United States in such to
Th; ,ne writ hdbeds corpus for the public safety
49, hgh and celicate trust it has been enjoined
Jsc; ,n tnat It should be with Judgment and
80; put he is nevertheless also instruct ed that in
Of safety -, errors any, should be on the side
,b S respectfully submits your that
nainT, Ioud cooper ate in the present trying and
pan,ui potlon IN which country is placed sbou Id
oS seasGns Oh any unnecessary want Of confidence in
ssch o.ne,, increase our embarrasmens He therefore
respectfully requests that you will postpone mrtSe
acon upon the case until he can receive insruction,