New Orleans daily crescent., 1861-11-01

riE one of the Judges Of the United States Cireait
Court at Washington. His arrest grew out Of his
issuing writ Of habeas corpus, the President
hay'ng said writ as part of bis military
programme. The Washington CORRESPONDENT Of
the baltimore Sun writes Of it 51a's1sgss eFga9
aOn the BEACH of the Circuit Court to. day there
we're only Judges Dnnlop and Morsen present tte
other Judge Mr.. Merriek, being absent. passino
around rom the court room eoapie rf afgsres
mo street sentry Of the regular army coflId be
ses ra1 Hp an down before one Of hand
SOME row OF RESIDENCES on the south side of r
street, between Sixth and Seventh. The house TINS
guarded is the residence Of Judge Merrielx hafare
,sa. wnlea sehTles were were rst placed about o'clock
the offence in this ease had not definitely trausured
until the meeting Of the eoort this morning. when
q communications was received by his eoIleavues
on the bench from Judge Meriek, as follows
On Saturday, the 18th OF October, 1857 HI. sFo-
ley, lawyer OF this city called upon me with a
petition, supported by affidavit in proper form.
praying for writ Of habeas corpus to the Provost
aY,sgnea a one John Murphy, who, it Ia alleged,
saliy snort under the age Of Is years, and flle
Iisted ssdned by said Provost Marshal as an en-
49, sp.uIs, h of the United States The order was
ne sns W fro e the clerk who issued the writ in
f tol ~ gas Informed BY Mr. Foley on
enas aa,oa,sa ue that by reason Of the
District Of Columbia, o1 me
served it, as By law he rssn,iu misht AZ r,n,
when ns prpsess s ssarsa
he was told that he WoHld consult ssarsata @T
think he said the Secretary OF state 1870 Sa S
should respect the writ or not that hss a1r
must consider himself under arrest, but IL H.
present might go at large as upon his parole. w
Later in the afternoon MIR. Foley again called a.
ny house withione Or tive persons Lone think was
I tive of the boy Of Murphy and desired 10 know
Whefher ts Wac NOW 70 consider the boy as finally
discharged and at liberty to return home to his
friends; lnasmuch as he had then been dismissed
7naI1 z@1,r.-
i suggestions to him in tie premises, and told him
that whatever did in the matter must be done iu-
dieially, and after facts had been spread before
any, made thereon, and that as the court wonld
meet on Monday morning, Oct II III regular term
should adjourn all proceedings under the writ
until court for the advice and action Or the whole
l. court. He stated that he would reduce all the
facts to writing, make affidavit and file them for
that be! expected to be arrested. He then with
tdrew.t No " sssg 5rt,sY ~ ses433 y8
Court, ! went into the Clerks office, and asked
Charles McNamee, the Deputy CLERK, If Mr.. Foley
had fled any affidavit in the case. he examined
the papers and reported there was none.6 then
directed him to indorse upon the napers that they
were, by my order, adjourned unto the Court for
/ its further action. After the Adjournment of the
Court was informed bya member Of the bar that,
about il o'clock that morning, Mr. Foley had been
arrested and placed in the guardho by order of
t-the Provost Marshal, and he announced his pur-
pose to apply for his release. told him
Il
i ting, and upon proper afdaFitss and that, as the
1 whole Court was in regular session, he must make
it to the Court in full sitting, and be withdrew to
/ confer with some of bis brother lawyers npan bis
i course. After dinner, Visited my brother Judge
4 in Georgetown, and, returning home between helf
past and o'clock, found an armed sentinel sta
toned at my door by order of the Provost Marshal.
2Ilearned that this guard had been placed at my
door as early as 8 O'Clock. Armed sentries from
that time Continuously until now have been
stationed in front Of my house. Thus it appears
that the military officer against whom writ IN the
appointed form Of law has issued, first threatened
with and afterwards arrested and imprisoned the
attorney who rightfully served the writ upon him.
He contrived, and still continues in contempt and
1 disregard of the mandate Of the law and has igno-
nainiously placed ah armed guard to insult and in
timidate, by its presence, the Judge who ordered
the writ to issue, and still keeps up thia armed
array at his door, in defiance of the justice of the
land. Under these circumstances, respectfully
\ request the Chief Justice of the Circuit Court to
cause this memorandum to be read in open court,
to show the reason "a for my absence from my place
to be entered at length on the minutes Of the court
alongside the record of my absence, TO show,
through all time, why do not, this 22d day of
October 1851 appear N ny sssstsmea Piece
Assistant Judge dissaif Cont j. q
Dunlop announced that with the consent of his
brother Judge, Morsell, the desire of Judge Mer-
rick that it be filed would be complied with. The
writ of habeas corpus having been regularly is.
sued, they regarded the case as now before the
court for trial and its progress having been OBJ
strncted the court mnst apply the lawful remedy.
1t would, therefoEe order rule to- be served on
General Andrew Porter to show cause why an at
tachment for contempt OF court should not issue
against him. i'5 ftss'5sa ~ r
The venerable Judge Morsen also indulged in
Il some remarks, indicating his view Of the matter,
as of obstruction TO the administration of JUS
tice, embarrassing to Judge Merrick and prevent
ing his appearance in court, because he issued q
/ writ Just such as the law requires The Court had
| ifa dtJty tn
and he Judge Morselll would have the Provost
Marshal satisfy it, both as to the writ and the de-
tention. He held that If martial law is TO be the
81 guide the President of the United States should
Il declare by issuing his proclamation. He would
not controvert his right to do sohut, in the mean
time, the Judges must do their duty under the law
u as they are liable otherwise to be punished. He
declared that he would do his duty and vindicatt
the character of the Court as long as he sat upor
the bench. 81 am an old man. he said "m m,
life may be but a day.but while have life shal
! be true to the duty before me.n Some sensation
was here manifest among the larger number o.
, 4 members Of the bar and others present, and wa
taking expression in rising applause, but the De
p1is was datsrmined ' that Cen. Porter should b.
:. required to appear before the, Court on saturda,
morning next, and Judge Dunlop then prepared
h the notice to be served upon him, that he there
4 | show cause why the writ of attachment for con
g tempt shall not then issue. - So
q Such are the proceedings SO far. Various inter
pretations it is stated, had, however, been giyer
TO phC1nb Of tIlt UcIolG ouobo SlcT
rck's door prior to the proceedings in the court
"a The fact that no actual seizng and taking off. O
- the Judge had occurred gave rise to the repor
that it was Mrs. Merriok, and not the Judge, wht
was the offending party. In the case Of ladies
Il generally, who have become obnoxious, the prac
4 tice has been, except temporarily in few cases
re merely to hold them in arrest as prisoners in thei
<. own domicils, with military guards.
'1 It will be recollected that Judge Merrick lately
4 in case OF habeas corpus in behalf of ayonnl
recruit, asserted the supremacy of the civil owe
the military authority to such en- extent as to de
# clare that the military officer had no excuse TO
# not obeyng the writ, even though his superio
n officer had commanded, and discharged the re
d cruit as a minor enlisted without the consent o
}, his parent, at the time requiring the Officer
# to purge himself of contempt of court.
!. He has, however, in similar case of a minor
v since remanded the recruit back to his company
as the circumstances indicated that the father ha
prior knowledge of the enlistment and allowed
1t to go on. With regard to Mrs; Merrick it may b.
stated that her maiden name is Wickiife and tha
e she is sister of both Mrs. Senator Yuee, of Flor
e da and Mrs. Holt, Of Kentucky, the former es
S pousing the cause of the South and the latter tn
II Union Phese ladies are all the daughters Of tn
y Hate Hon. Mr.. Wicklfe, OF Kentucky, formerl
H. Postmaster-General $50 @
r. The Washington Star says on the subject, ed
In torially: . .., :[7-e ~.