The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-06-12
THE HABEAs CORPUS CASE.

A very interesting case has recently 0c-
CURED in Baltimore, before Chief Justice
fancy, in which every citizen Of both Co.
vernments is deeply interested. The un.
swerving integrity Of the Chief Justice at a
time when a military despotism rules the
Northern government, is above all praise.
II there be spark left. in the North, Of re-
spect for the laws, the decision of Judge
fancy will kinde il TO flame.
A Mr.. Merriman, President Of the Agri-
cultural Society Of Maryland, was arrested
by the order Of Gen. Keim, Of Penn, and
without being advised Of the cause, was
placed in charge Of Gen. Cadwallader, now
in command Of the military department Of
Baltimore, and confined at Fort McHenry.
He applied to Chief Justice fancy. for a
writ OF haJeas corpus. which was granted,
and Cadwallader was summoned to deliver
up the body OF Mr.. Merriman. At the hour
for the return Of the writ, the Judge was on
the bench. and the marshal reported that the
writ had been served, but he had prepared
no return; soon after which an officer APP
peared, who had been sent by cadwallader,
who presented written reason for Cadwal-
LADDERS absence, stating that he was engaged
on duty, and that the President had sus-
pended the writ OF habeas corpus. The
Chief Justice demanded if he had brought
the body Of Mr.. Merriman, to which the Of
icer replied he had nothing more to answer
and left the Court; whereupOn the Judge
ordered a writ 10 take the body Of Cadwal.
lader, TO answer for contempt Of Court, re.
turDable next day. Next day the Marshal
returned upon the writ. that he was not per-
mitted to enter the gate Of the Fort, and
therefore could not execute il. The Chic
Justice declared the Marshal justified in not
attempting forcible entry. and had enter.
ed on the journals Of the Court, the follow.
ing paper:
81 ordered this attachment Yesterday
because, upon The face Of the return, the
detention Of the prisoner was unlawful, up.
on the grounds:
"First-That the President, under the
constitution Of the United States, eanno
suspend The grif Of hGbeas corpus, nor author.
ize military officer to do il.
"second-A military officer has no right
70 arrest and detain person not subject L
the rules and articles Of war for an oiienst
against the laws OF the United States, except
in aid Of the Judicial authority. and subjecl
to its control; and il the party is arrested
by the military, il is the duty Of the officer
to deliver him over Immediately TO the civil
authority 10 be dealt with according to law
81 forbore yesterday to state orally lht
provisions Of the constitution Of the United
States which make these principles the fun.
damental Law Of the UniOn, because an ora
statement might be misunderstood in som,
portions Of il, and shall therefore put m,
opinion in writing, aud file It in the Office o
the t'lerk Of the Circuit Court in the cours,
Of Ibis week.
lie concluded by saving that he should
cause his opinion, when filed, and all tht
proceedings to be laid before the President
in order that he nigh, perform his constitu
tional duty, 10 enforce the laws By securing
obedience to the process Of the court.