The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-05-29

THE TROUBLE BETWEEN GEN. CADwALLA.
DER AND CHIEF JUSTICE TANEY.

DER AND CHIEF JUSTICE TANEY.
BALTIMORE, May 2s 1861.
St. Pauls street, fronting the United states Court
House. densely crowded. as was also the ROOM
at today TO learn the proceedings in the habeas
corpus case of John Merry
General Cadwaader having as stated yesterday, de-
cned acceding the demand until be could hear from
Washington writ of issued against him
day contempt Of Court The Marshal reported tnat
going to Fort Mcdenry serve the writ he was
fused admittance.
Chief Justice raney then read the following state
ment;-
ordered the attachment yesterday because upon the
face Of the return the detention OF the prisoner
lawful, upon two grounds
First-The President, under the constitution and laws
Of The United States cannot suspend the privilege Of the
writ Of habeas corpus authorize any military officer
TO co So
second-A military officer has right arrest ard
detan person, subjecs him rules and ar,ces
of for offence against the laws Of the United stAes
except in aid Of the judicial authority and subject
TO its control, and the party is arrested
by the military is the duty OF the officer deliver him
Immediately to the civil authority, to be dealt with
according to law.
orebore yesterday state orally the provisions tho
constitution of the United which make these prn
cipes the fundamental Law Of the Union, because
oral statement might be misunderstood in
some portions of it, and shall therefore put my opinion
in writing and Ge 1t in the oce OF the Clerk Of the Cir
cult Court, in the course of this week
The Judge added that the military authority al.
ways subordinate civil that under ordinary crcum
stances it would be the oG.y Of the Aaehsl TO proceed
with posse comatus and bring the party
into court but from the notorousy superior force that
he would encounter This would be impossible. He said
The Marshal had done all his power discharge bis
duty
During the week he should prepare his opinion
premises and forward TO the President calling upon
to perform his constitutional duty and that
be faithfully executed, and enforce the Of ths
Court
The following is General Cadwal,der letter TO Judge
Taney:-
HEADQUARTERs DEP ARIsEsT ASSAroIls,
FoKr Nc 'ENRy, DAY rs, 1851. !
To TIE Hon ROGER sANEy, CHEF JUSTICE or sufREMn
CouRT oF TIE UNITED sTATEs, BAIrIMoRs, Md
sns-'he Undersigned to whom annexed writ OF
this date signed by thomas spcer Clerk Of the supreme
Court OF the United States, directed most respectfully
tates-
That the arrest OF Mr. John Meryman in the said wri
named Mt made with the knowledge order
direction, but made by Colonel Samuel Yohe
ing under the oroors of MAJOR General william Keim,
both Of said officers beng In the military OF the
United States, but not within the mits of his
The prisoner brought TO this post the Goth instant
by Adjutant James Wittimore and Lieutenant William a.
Abel by order Of Colonel Yohe and charged with
acts OF treason and OF beng publicly associated with and
hooing comm ion as lieutenant in a company having
heM pofsesson arms 70 the untet states and
mcnt he ia also informed that II can be clearly estab
shed that the prisoner has made often and unreserved
declarations OF his association with the organized force
being In avoweo hostility to the give Dment, and in
readiness TO operate with those engaged in the present
rebellion against the government of the United states
&c has further inform you th at he duly authorized
by the President OF the United States, such TO
suspend the witt habeas corpus the public safety.
This high and de,icate trust and been enjoned
upon him tDat IL should be executed with judgment and
dscreton bui he is also instructed ,ha. in
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