The national Republican., 1861-10-23
CIRCUIT COURT.
Interesting Proceedings tn II eg ard TO the
Arrest Of Judge Me. rick.

Yesterday morning, at the hour of opening
the circuit court, Judges Dunlop and Morsell
appeared In the courtroom, but withdre " i'm
mediately to the marshal's office, where they
remained some time In consultation At noon
they returned to the courtroom. and, afer the
court had been formally opened, Judge Dunlop
announced that be had received the following llM
now under the surveillance nf tho Provost
Marshal, which he read 10 the bar, there being
a large number of ihem present, ss well as
larger number of spectators than Is usual:
JUDGE MEsRIcK's LETTER.
On Saturday, the 10th Of October, 1861, Mr..
Foley, a lawyer Of this city, called upon me
with petition, supported by affidavit in proper
form, praying for u writ of hdbeds corpus to
the Provost Marshal. requiring him to produce
before the undersigned one John Murphy, who
it alleged was a minor, under the age of eight
cen years, and illegally detained by said Pro-
vost Marshal as an enlisted soldier of the Uni
ted States. The order wars given by me to the
clerk, who issued the writ in the usual form.
l was informed by Mr.. Foley, on the afternoon
of Saturday, that, by reason Of the many en-.
gagemsnts of the deputy marshal OF the Dis.
trict of Columbia, he himself took the writ and
served it, as by law he rightfully might do,
upon the Provost Marshal, General A. Porter
that when he delivered the writ to the Provost,
he was told by bin that he would consult the
Secretary Il think he said the Secretary of
state) whether he should respect the writ or
not, and that he (Mr. Foley must consider
hmsHlf under arrest, but for the present might
go at large as upon his parole. Later in the
afternoon, Mr.. Foley again called at my house,
with one or two other persons-one, think,
was represented as the elder brother or some
near relation of the boy Murphy-and desired
boy rs finally discharged, and at liberty to re.
turn home to his friends, inasmuch as he had
then been dismissed from the guard-house.
declined to Nuke any suggestion to him in the
premises, and told him that whatsoever did
In tho matter must be done judicially and after
facts had been spread before me upon affidavit
and the appropriate motion, II any, made
thereon; and that, as the court would meet on
Monday morning, October 2lst In regular term,
should adjourn all proceedings under the writ
into court, for the advice and action of the
whole court.
He stated that he would reduce all the facts
to writing, make affidavit, and file them; for
that he expected to be arrested. He then with.
drew. On Monday morning, just before the
meeting of court, went into the clerks office,
and asked Charles McNamee, the deputy
clerk, II Mr.. Foley had aled any aflidavts in the
case He examined the papers. and reported
there was none. | then directed him to endorse
adjourned into the court for its further action.
After the adjournment of the court, WAS in
formed, by member Of the bar, that about
II o'clock that morning, Mr.. Foley had been
arrested and placed in the guard.house by
order ofthe Provost Marshal, and he announced
his purpose to apply for his release. / told
him that whatever application he had to make
must be in writing upon proper affidavit, and
that AZ the whole court WAS in regular session
he mustmake 1t to the court in full sitting; and
he withdrew to confer with some of his brother
lawyers upon his course. After dinner, I Wis
tied my brother judges In Georgetown, and re
turning home between half past seven and
eight clock, found an armed sentinel stationed
at my door by order of the Provost Marshal.
learned this guard had been placed ut my door
as early as Ave O'Clock armed sentries from
that time continuously until now have beer
stationed in front of my house. Thus 1t ap
pears that military officer, against whom I
i, tho toI farm, l,u, hnpi nd
first threatened with and afterwards arrested
and imprisoned the attorney who rghtfully
served the writ upon him. He continued, ant
the mandate ofthe law, and has ignominiously
placed an armed guard to insult and intimidate
by its presence. the judge who ordered the wri
10 issue, and still keeps up this armed array a
his door, in defiance and contempt of the justice
of the land. Under these circumstances, l re
spectfully request the chief justice of the cir
cult court to cause this memorandum to b.
read in open court, to show the reasons for m.
absence from my place upon the bench; AM
that he will cause this paper to be entered "A
length on the minutes of the court, alongsid
the record of my absence, to show, through "a
time, the reasons why do not, this 22d of OC
tober, 1861, appear In my accustomed place.
WIN. NJ. MERRICK,
Assistant Judge of the Circuit Court
OF the District of Columbia
Judge Dunlop then announced that Judg
Morsell and himself, the two remaining judges
had, upon consultation, thought best to orde
the letter to be entered upon the minutes, agree
ably to the request of their felow,judge. The
also thought that, rs the writ alluded to In tn
letter had been regularly issued, it was prope
to state the matter was now before this coul
to be tried
The statement of their fellow Judge present
case where the progress OF the law Is ol
structed, and the remedy it Is the duty of til
court to afford, and If the facts were as state'
to cause the law to be respected. AS the Pr
vost Marshal had obstructed process reg,
to be served on General Andrew Porter, to Al
pear before the court, and show cause why d
attachment for contempt of court should not
issued against him.
Judge Morsell said that this proceeding VIZ
palpable, gross obstruction to the admin str
ton Of Justice to prevent judge of this cou
from taking his seat, because he issued iu
such writ rs the law requires. The placir
evidently for the purpose of embarrassing hi
in this particular subject, and to prevent h
appearance in court He would make Il
rule broader, so AS to have Mr.: Provo
satisfy the court in both matters. The cou
has lis duty to perform, M judges are sworn
do, and that duty is the administration of ju
tice according to law. What Is the real state
things? II martial law is to be our guide, v
look to the President of the United States
say so. He Judge MorselD did not pretend
controvert the right OF the President TO pr
claim martial law, but let him issue, his procl
nation. The judges have their duty to
under the law, and they are liable to be pu
ished if they do not do it.
The judge proceeded to speak of the ru
which would be served and concluded by sa
ing, 81 intend to do my duty and vindicate {
character of this court as long as | sit here.
am an old man, and have but a few years
lve."
The following writ was then issued on Ge
Porter:
DISTRICT OF COLUMBIA, to wit:
The United States of america,
To Andrew Porter, Provost Marshal of the D
trct of Columbia, creating:
1t is this 22d day of October, 1861, ordered
the circuit court of the District Of Columb
that you show cause why an attachment
contempt should not be issued against you,
obstruoting the process and cour1e Of just
and administration of 1t in the Cir yuit court
tho particular case set forth in the letter OF I
II, I,hr Mnrrick haraIn AnnaXnd Sat