The Placer herald., 1861-06-29
The Merryman Habeas Corrr, O.

Chief Justice fancy, of the sunrauo
VI. on''eo States has filed his opinion n ~, VI
"0oe0s corpus case of John Merrymon Aa 81 ene
recital OF the circumstances under wh;a. "ra
arrest of Mr.. Merryman was made. and =. 'ne
fusal of General Cadwallader to obou >. Ne re-
Judge fancy cites numerous legal authon;.,' "r''
sustain him in his view of the case md .o 10
Us follows: "''udes
"But the documents before mo SHOW
military authority in this case has gons 'Has the
yond the mere suspension of the priyileoo ". oe-
writ OF haoeas corpus. It has, by force 81 ", the
thrust aside the judicial authorities and ofoa arms
whom the Constitution has confided the na' no
ana DUTY OF interpreting and admini.ternpp o. we
laws, nnd substituted military law in ;ts 'he
to be administered and executed bv mi,;toP pace,
GERS for at the time these proceedings wsrS ON.
against John Merryman the District .JnS. nad
Maryland, the Commissioner appointed nnd Ise OF
Act of Congress- the District Attorney ona y. me
Marshal, all resided in the city of Baltimo,.n e
few miles only from the home of the prisoner ~
up to that time there had never hoan \,
slightest resistance or obstruction to the sue
of any court or judicial officer of the fIu;.as
States in Maryland. except by the mjlito Um'seo
thority. And if a military officer Or anv Nv Nv,
person. had reason to believe that the ;o'net
had committed any offence against the laws Of tsa
Uhlteu states, IL was MS duty to give inform.
ton of the tact, and the evidence to spnno,. =,
to the District Attorney; and it would thar IT.
come the duty of that officer to bring the ma,to-
before the District Judge or COMMISSIONS un3
If there sufficient legal evidence to ;,s,t u
his arrest the Judge or Commissioner womb haAy
issued his warrant to the Marshal to arrest hn..
and upon the hearing OF the party, would havo.
held him to bail, or committed him for trial az
cording to the character Of the offence rs II Nv
! the tpctmOnV hoyo
ed him Immediately. if there was not suffciaoo,
evidence to support the accusation. There wa
no danger of obstruction or resistance to tha
action of the civil authorities, and therefore nv
reason whatever for the interfere nce of the mill,
tary.
"And yet, under these circumstances. military
officer, stationed in Pennsylvania without piyinr
any information to the District Attorney and
without any application to the judicial author
ties. assumes to himself the judicial power in the
District of Maryland; undertakes to decide what
constitutes the crime of treason or rebellion: what
evidence (f, indeed, he required any is sufficient
to support the accusation and justify the com
mitment; and commits the party. without having
hearing, even before himself to close CUSTODY
in strongly garrisoned fort, to be there held i
would SEEM during the pleasure of those who
committed him.
"The Constitution provides, rs have before
said that mo person shall be deprived of life.
liberty or property. without due process of law,
1t declares that the right of the people to be Sc
cure in their persons, houses papers and effects
against unreasonable searches and seizures, shall
not be vialated, and no warrant shall issue, but
upon probable cause. supported by oath or affir-
nation. and particularly describing the place to-
be searched, and the persons or things to be
seized. 1t provides that the party accused shall
be entitled to a speedy trial in court Of justice
"And these great and fundamental laws, which
] not and hnp hon,
disregardcd and suspended like the writ of
ha5eas corpus, by military order. supported by
force of arms. Such is the case now before me,
and | can only say that if the authority which
the Constitution has confded to the Judiciary de-
parmcnt and judicial officers may thus upon any
pretext or under any Gil cunlstunccs be usurped
by military power at its discretion the people Of
the United States are no longer living under a
Government of laws. but every citizen holds life,
liberty and property 1T the will and pleasure of
the army officer in whose military district he may
happen to be found.
I'm such a case, my duty was too plain to be
mistaken. | have exercised all the power which
the Constitution and laws confer on me- but the
power has been resisted by force too strong for
me to overcome 1t is possible that the officer
who has incurred this grave responsibility may
have misunderstood his Instructions and exceed.
ed the authority intended to be given MN. l
shall, therefore order all the proceedings IN inns
case with my opinion to be filed and recorded IN
the Circuit Court OF the United States, for the
District Of Maryland. and direct the Clerk to
transmit copy u der seal. to the President OF
the United States. 1t will then remain Tor 'has
high officer, in fulfilment of his Constitutional
Obliratons to take care that the laws be l'llh-
fully executed to determine what measure he
will take to cause the civil process of the United
States to be respected and enforced.
"RoGER B. TANEY,
Chief Justice of the Supreme Court =,
of the United States"