M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-06-20
THE MERRY MAN CASE
Opinion of Chief-Justice Taney.

The following is the opinion in the
hdbeaS corpus case Of john Merry
man, flied by Ohief.J usrice Taney, Of
the Supreme Court Of the United
States for the fourth circuit in and for
Maryland District" '
Er pafte John MerTyman. Before
Ne Ghig-JuStice Of tie Supreme
gburt Of tie United States, at Cham
bsss.-- The application in this case for
a writ Of habeas corpusi is made to mo
under the 14th section Of the Judiciary
act Of 1889, which renders effectual
for the citizen OF the Constitutional
privilege of the heabas corpus. That
act gives to the courts of the United
States, as we'll as to each Justice oi
the Supreme Court, and to every Dis.
trict Judge, power to grant writs Of
babeas corpus for the purpose of an
inquiry into the cause Of commitment.
The petition was presented to me at
Washington, under the impression
that would order the prisoner to be
brought before me there, but as be
was confined in Fort McHenry, at the
city Of Baltimore, which is in my cir.
cult, | resolved to hear it in the latter
city, as obedience to the writ, under
such circumstances, would not with.
draw General Oadwallader, who had
him in charge, from the limits of his
military command.
The petition presents the following
case: The petitioner resides in Mary
land, in Baltimore County. While
peaceably in his own house with hic
family, he was, at two. o'clock on thu
morning of the 25th Of May, 1851
entered by an armed force protesting
to act under military orders. He wal
then compelled to rise from his bed
taken into custody and conveyed II
Fort McHenry, where lie is impris
oned by the commanding officer
without warrant from any lawful au
thority. 81. .r-.
The commander of the fort, Genera
George Csdwallader, by whom he i
detained in confinement, IN his return
to the writ, does not deny any Of tn
facts alleged in the petition. Ii
states that the prisoner was arrested b,
order Of ( neral Keim, Of Pennsyl
vapia, and bnducted as prisoner tt
FGt McHenry by his order, anc
pl.ced in his General Cadwallader's
custody to be there detained by him al
a prisoner.
"A copy Of the warrant, or order
der which the prisoner was arrest
ed, was demasded by his counsel, anc
rdused. And it is not alleged in the
return that any specific act, constitut
ing an ofense againt the laws OF thu
United States, has been charged
against him upon oath; but he ap
pears to have been arrested upon geu
eral charges of treason and rebellion
without proof, aud without giving thu
names Of the witnesses, or specifying
the acts, which, in the Judgment o
the military officer, constituted these
crimes. And having the prisoner
thus in custody upon these vague anc
unsupported accusation, he refuses
to obey the writ of ha5eas corpus
upon the ground that he is duly an
thorized by the President to suspend it
The case, then, is simply this, A
military officer, residing in Pennsyl
vania, issues an order to arrest a citi
zen Of Maryland, upon vauge anC
indefinite charges, without any proof
50 far as appears. Under this ordeI
his house is entered in the night; he
is seized as prisoner and conveyed
to Fort McHeury. and there kept il
close confinement. And when a ha
beas corpus is served on the comman
ding officer, requiring him to produces
I the prisoner before a Justice Of the
Supreme Court, in order that he may
examine into the legality Of the i'm
prisoDment, the answer ofthe officer il
that he is authorized by the Presiden
to suspend the writ of ,habeas corpus
at his discretion, and, in the exercis,
Of that discretion. suspends it in thi
case, and on that ground refuses obedi
ence to the writ.
AS the case comes before me, there
fore, | understand that the Presiden
not only claims the right to suspend
the writ ofsehabeas corpus himself, a
his discretion, but to delegate that dis
cretionary power to military officer
and to leave it to him to determin
whether he will or will not bey judi
, cial process that may be served upo
him. r.fT .ro ro.q asn.ri,.
No official notice has been given
the Courts of Justice, or tothe public
by proclamation, or otherwise, tha
the President claimed this power, an
mad exercised it in the manner state
J in the return. And J certainly lis
! ened to it with some surprise, for
had supposed il TO be one of thos