Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-05-29
he Habeas corpus CASE ip Pslti-
Aere.> N.Y.

I'VE copy the following particulaFs from the
letter of the special correspondent Of the Gin
cinnati Enquirer from Baltimore, inthe case Of
MERRmAN, wherein q writ of Habeas Corpus
vac sissued On. the 27thb Chief Justice TAarx4
h As every citizen Of the county is interested
IN the conflict between the civil and military
authority, now going in our midst l send
you the proceedings of the Court in the matter
Of the Merfiman hdbsds corpus case. At the
appointed hour this morning, Chief Justice
Taney appeared in the court.room TO receive
the Marshal's return in the case, when that Of.
fcer responded that the writ had been duly
served upon General CadWallader, andin o few.
minutes Colonel Lee, Aid-de.C Camp of General
C., appeared In Court and stated that be had
been directed by his commanding oficercto APP,
pear and express his regret that engagements
at the fort prevented his appearing in person,
but that he had been charged with reading a
note to. the Court, inwhich the following Lam
He has further, to inform you that he has
been duly authorized by the President OF the
United States, in such cases, to Suspend the
writ Of fhabeas eorpusfor the public safety. This
4 ia high and delicate trust, and IL has been en-, :,
Joined upon him that 1t should be executed with
liudg ment and disc elton; ;.but heis nevertheless
ALDO instructed that In times of civil strife, err
rors, If any, should be on the side OF safety 70
the country. He most respectfully submits for
your consideration that those who co operate IN
the present trying and painful position IN which
our country is placed, should mott by reason 81
any unnecessary want of confidence ln each 9th.
er, increase our embarrassmenss. - Hetherefote
respectfully requests that you will postpone
further action upon this. s.case. until he can re-
Il tro, fha nf
United States, when you shall hear further from
him. - y .- H.-a" $.'',-l' ~. ~
4 have the honor to be, with high respect
your obedient servant, El-. l'li. ~ us'eD Y
rf-S GEO. CADwAELADER, ri
Brevet Maj. General q. s.. A.. Commanding.
One Of the council Of Mr.: Merrirpsn desired
to know whether Colonel Lee bad produced th,
body of Mr., Merriman, as the writ com nmanded
Colonel Lee replied thatbe had not; that th,
extent Of his Instructions was TO read the pa
; per he had submitted TO the Court. Chie
Justice Taney-"General Cadwallader was, By
that writ, commanded to produce the body o.
Mr.. Merrinan before me this morning, that tn,
case might be heard, and the petitioner eithe
n remanded to bis custody or be dismissed II heiS
on insufficient grounds, but be- acted In disobe'
dience to that high writ, and Idirect that On OF
tachment be at once issued against him, return
able before me here Tomorrow at lively
O'Clock. % The Chief Justice then filed the fol
lowing order: c} S S".W
,, Ordered that an attachment forthwith issu
against General George Cadwsllader for con
tempt, in refusing to produce the body Of johr
Merriman, according to the command th
' writ OF habsas corpus, returned and oreturnabl
before me to day, and that said attachment b
, returned before me at twelve O'Clock to,mor
! row, at the room of the Circuit Court. ga-hg.
F.s,Jf- j. sa5rr RIB sTANEYsa
ii MONDAY, May 81, 1861. 's$' s5D 70
e An attachment was accordingly issued by III
e Clerk Of the Court and placed in the hands Q
9 the Marshal, TO be Immediately served upo
General Cadwallader Whether the body 9
d Mr. Merriman is brought before him to.morro
}. or not, Chief Justice fancy will deliver an opir