Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-05-31
Of the caption and detention Of the sald John
Merryman. WAsHlNoroN BoEIrANr,


{ the caption and detention Of the said John
lerryman. WAsHlNorcN BoEIFANr,
III u. s. Marshal
Atll o'clock, chief Justice fancy, Of the "a.
RENE Court Of the United States, and Judge
lilies, Of the United States Circuit Court pap'
,eared upon the bench, and In few minutes
Col. r. M. Lee, aid to Gen. Cadwallader, en-
.ered the court room, and in response to an In
luiry Of the court, said that be was instructed
1y Gen. CadNallader to present to his Honor
The following response to the annexed writ,
and also to state that nothing but engagements
which forbid Gen. Cadwallader from leaving
camp, prevented him from appearing before
their Honors in person. Col. Lee then read the
following paper; E
RESPONSE OF GEN. ckDwALLADKR.
HEADQUARTERS, Z.
Department Of Annapolis,
Fort McHenry, May &c, 1861.
To The Hon. Roger B. Taney, Chief Justice Of
the Supreme Court Of The United States, Bdti-
more, Md. fEft ~ .ta IL -
Sir--The undersigned. to whom the annexed
writ OF this date, signed BY Thomas Splcer,
clerk Of the Supreme Court OF the United
States Is directed, most respectfully states, that
the arrest of Mr.. John Merryman, in the said
writ named, was not made with bis knowledge
or BY bis order or direction, but was made py
Col Samuel Yohe, acting under the orders OF
Major General VIM H. Keim, both OF said oth,
GERS being In the military service OF the United
States, but not within the limits OF his COM
mand. Tn4 1Ge ls1fj
The prisoner was brought to this post on the
Doth inst, BY Adiutant James iWittimore and
Lieut.. VIM. II. Abel, by order Of Col. Yohe,
and is charged with various acts OF treason, and
with being publicly associated with and holding
commission as lieutenant In accompany having
| In their possession arms belonging TO the Unit.
ed States, and avowiog his purpose OF armed
hostility against the government. HE ls also
Informed that 1t can be clearly established tnat
| the prisoner has made often and unreserved de-.
clarations of his association with this organized
force as being in avowed hostility to the gov
ernment, and in readiness To CO operate with
those engaged in the present rebellion against
| the government of the United States. He has
further to inform you that he is duly authorized
by the President Of the United States, 10 sucn
cases. to suspend the writ of hibeas corpus Tor
the public safety.
This is high and delicate trust, and It has
been eDjoined upon him that IL shouldbe execut'
ed with judgment and discretion, but ne Is
nevertheless also instructed that in times OF
civil strife, errors, If any, should be on the side
of the safety of the country. He mostrespecs'
| fully submits for your consideration that those
who should cooperate In the present trying
and painful position In which our country Ii
placed, should not, by any unnecessary want oil
confidence In each other, increase our emoar
rassments.
He, therefore, respectfully requests that you
will postpone further action upon this cast
until be can receive INSTRUCTIONS from the Presi
dent of the United States, when you shall heaI
further from bin.
have the honor to be, with high respect
your obedient servant,
t|t GEORGE CADwALLADHR,g
Brevet Major-G General U.S. A. Com'd'g.
Col. Lee having concluded the reading of the
above response, and handed It to the clerk, sale
that he had performed the duty with which b,
had been charged, and made movement to re-
tire, when Mr.. Gill, one Of the counsel for Mr.
Merryman, suggested to the court that Col
| Lee should inform them II he had produced th,
body of Mr.. Merryman, as commanded by the
writ; when Chief Justice Taney interrogateC
Col. Lee as follows:
Chief Justice.-Have yon brought with yo'
the body of John Merryman7
Col. Lee--I have no instructions except t
deliver the response which have read to you
honors.
Chief Justice.-The commanding officer de
clines to obey the writ
Col. Lee.-After the communication hay'
made, my duties and powers are ended.
Chief Justice.-Gen. Cadwallader was BY tina
writ commanded to produce the body of MI
Merryman before me this morning, that the cas-
might be heard, and the petitioner be either re
manded TO his custody or set at liberty If bel
on insufficient grounds; but he has acted In di
obedience to that high writ and l direct thi
an attachment be at once Issued against hin
returnabIe before me here at l2 O'Clock to
morrow.
4 COL Lee then retired, and Chief Justice TIA
ney wrote the following order, which he deliv
cred TO the clerk:
i ORDER FOR ATTACHMENT.
i Ordered, That an attachment be forthwith
L Ca Il n Cad-alla1a. :,