The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1861-06-01
The Case Of John Merryman.


The Case OF John Merryman.
John Merryman, E-q, Of Baltimore
county, President Of the Maryland Agricul-
tural Society, was arrested on Friday of last
week, by order Of the Government, and taken
to Fort Mcl!enry to await ali investigation on
a charge Of Treason. On the petition of the
prisoner, Roger B. T,nsy, Chief Justice Of
the Supreme Court, ON Sunday issued a writ
Of habeas corpus, which was served on Gen.
George Cadwallader directing him to pro.
ducc the tody Of Merryman in Court by II
o'clock, Monday.
AT the appointed hour Colonel Lee ap.
pearcd in Court and stated that he was
instructed by General Cadwallader to exp, css
his regret that pressing duties in connection
with his command prevented his appearing
befure his IIonor in person, and to present
his response to the writ. General Cad.
wallader in his reply states that Merryman
was not arrested with his knowledge or by
his order or direction, but by Col. Yohe act.
ing under order Of Major Kcim. and is
charged with various acts of treason. and
! with being publicly associated with and
holding commission as Lieut. enant in u
company having in their possession arms
belonging to the United States, and avowing
lis purpose of armed hostility against the
Government.
lie is also informed that it can be clearly
established that the prisoner has made often
and unresevcd declarations Of his association
with this organized force, as being in avow cd
hostility to the Government. an;l in readiness
to cooperate with those engaged in the pre-
sent rebellion against The Government Of the
United States.
lie has further to inform YOU that he is
duly authorized by the President o. the
United States, in such cases to suspend the
writ of habens corpus, for the public safety
This is high and delicate trust, and it has
been enjonsd upon him that il should be
executed with judgment and discretion, bu!
he is nevertheless also instructed that in
times Of civil strife. errors, if any, should be
on the side of safety to the country.
lie most respectfully submits to your con.
s!atra,ion that those who should co operate
in the present trying aud painful position in
which our country is placed, should not by
reasons OF any unnecessary want of conf
dence in each other, increase our emba.rass.
ments. He therefore respectfully requests
case until he can receive instructions from the
President Of the United States, when you
shall hear further from him.
The Chief Justice, however, was not dis
posed TO comply with tie Generals request ,
and ordered an attachment, returnablc at u
o'clock Tuesday, to issue forthwith against
General Cadwaladcr for conterpp, in refusing
to obey the writ
10 al tpr oil ri, q
shall Bonifant being called upon for his
answer to the witt Of attachment, rcspond.d
by saying he proceeded to Fort McIIenrv and
sent IN his name at the outer gate, and that
the messenger returned with the reply that
there was no answer to his card, and there
fore he could not serve the writ as com.
mandcd. The Chief Justice then said the
next procedure would be to summon the
posse com'tatus, but it would be idle to
attempt this in the face of a superior force.
and the Court. therefore, had no power to
relieve the prisoner as the operations of the
law had been Set aside. lie would however
put his opinion in writing and file it in the
office of the Clerk of the Circuit Court, and
would also write out the proceedings in the
case, and report the same 20 the President
| and remind him Of his duty to see that the
laws be enforced.
AS the case Of Mcrryman has excited
considerable interest, we have given the
above full and careful synopsis of it. For
the benefit of Secession lists who are holding
up their hands in horror at what they style
" Cadwal,a ders arbitrary and in famous con.
dnct we beg leave to say the Constitution
of the United States provides that the writ Of
habeas corpus shall be suspended "uhcn IN
case OF rebellion or inudsion The public sutrtu
may require )" and we think the contingency
has arisen hen the Commander in. Chief of
the Army and Navy has right to suspend
it. We trus! the accused in this case may
have an impartial trial, and if convicted he
punished accordingly. Neither a tottering
Judge nor traitorous Legislature should be
permitted in these times Of peril TO thwart
the Government in its efforts to detect and
crush out Treason. The country will
applaud and ratify the course of General
Cadwallader.