Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-06-01
THE RICHMOND WHIG.
From the baltimore Exchange, Hay 2S.
WRIT OF HABEAS CORPUS SUSPENDED

From the Baltimore FrclGage lAay 2S.
WRIT OF HABEAS CORPUS SUSPENDED.
Yesterday morning the United States Courtroom wa
filed by dense crowd anxious TO hear the result of III,
writ of ha6eas carpus issued by Chief Justice Taney
the case of John Merryman Eq, who was arrested OF
the morning CT the 25th inst When it was found tha
Gen Cadwaladcr had refused to obey the writ feeling
of great indignation prevailed The prompt and decided
action of the venerable Chief Magistrate of the nation
was received with undsguised appreciation. The follow
| ing is a correct account Of the proceedings
The following petition fled in this case by George
NJ Gill ard George Il. Williams, Esq, counsel foT Mr.
herrymau s.-
To The Hon. Roger B. 7aney, Chief Justice of the Su
preme Court
The petition of John Merrymsn, of Baltimore county
and State of Maryland respectfully shows that being at
home in his domic he was, about the hour of two
o'clock A M on the 25th of May A. d. 1861 aroused
from his bed by armed force, pretending under
military orders from some person to your petitioner un
known that he by the said armed force deprived OF
bis liberty by being taken into custody and removed
from bis said house to Fort cHen, the city of
Baltimore and ia the District csad, and where your
petitioner now Is in close custody.
That lie has been so Imprisoned without any process or
color Of law whatsoever ard that none such pretend
ed by those who thus OBTAINING him, and that
warrant from any court magistrate or other person haV
legal authority TO issue the same exists TO justify such
arrest but TO the contrary, the same as above is stated
hath been done without color Of Law and in violation of
the Constitution and laws Of the United States Of which
he is q citizen.
That since his arrest he has been informed that by
some order purporng 20 from one General Keim,
Of Penusy lyana to the petitioner Vi known, directing
the Of the Captain OF company in BImore
county, Of which company the petitioner aud
is captain the pretended ground as he believes,
which he is now detained.
hat u Obtaining holding
him said fort is Brgsdier General George Caiwalader
military commander Of sad fort protesting to act in the
premises under or ty order Of the United states
The petitioner therefore pays that the writ Of haJsGs
corpus may issue, TO be dir cted to the said George Cad
walacer, commanding BIN 10 pT2lp1e your petitioner be
fore gu, JIdSe Aforesaid with the cause il any, for
lis errct aud detention 10 tie cud that your petitioner
be discharged and restored TO liberty and in duty,
&,. JOHS EERRYMAS.
Fort HciIenry, May 25tb, 1861.
TLis petition only to by George H Williams
Esq, Of the ccuasel before the IT, s. Commissioner
aud affidavit also made hy him that be had applied
to Ger. CGdwalader for permission 10 see the written
papers by virtue Of which said Merryman detained
custody and to make copies thereof which bad been
refused him by the said Gen Cadwaader. These were
laid before the Court Sber,upon his Eoaor Chief Justice
fancy passed order directing that the writ Of Aa6sa
corpus issue This prayed and tina; the samc be
directed TO General GEO Csda4lid5r"
Tae ari; accordingly issued by the Clerk Of the
Court, cs follows
THg USITsD STATES oF ApreIc-,
DEFAETNsNr o. hARYLAED, 10 WIT.
TO Genera! ooogge Cad0alIler, Creating:
You are hereby commanded to be and appear before
Honorable Roger b. Taney, Chief Justice OF the Supreme
Court Of the United States, at the United g:-,es court
room in the Masonic Hall in the ely of Baltimore, On
Tuesday, tie 2iih day OF May, 1881, at ii O'Clock in the
morning. aud hat you have with you the body OF John
aeryman, OF Baltimore county, and now in your custody,
ard that you certify and make knoNn the day and cause
OF the capture aud detention Of the said John Nertyuan
and that you then and there do suh: 20 aud receive
whatsoever the said Court shall determine upon concern
ng you, their behalf according 10 law and have you
then and there THE writ.
Witness the Hon. Roger B. Taney Chief Justice o! the
Sup Court the fourth Monday 10 Nay, in the year OF
our Lord 1861 THcHAs SP.cER,
Clerk Circuit Court
Issued goth May 1861.
The Chief Justice appeared in Courtt the hour e,ee
fed aud directed the Marshal to make bi return in the
Tho Marshal replied that the wit bad been served
but yet there redrn prepared The Clerk was
directed to prepare it, While be complying with
tris order, Col Lee, aid deCamp of Gen. CadSaader
appeared in Court, about fifteen minutes after the COM
mcroement Of the proceedings. lie stated that in the
absence Of Gen. CadWslader who vas unGvodaby de-
siued by pressing engGgcmeat- be directed to read
to the Court tue communication which he held in lis
hand. lie then proceeded to read az follows:
HEApQUARrERs DErARrNEST OF ANNAPOLIS,
FoRr McIiESRY hsy 25, 1861.
TO tie Hon. Reqcr b. 1dHey, Chief Justice sf lie S,
prsme Court Of the United States, baltimore, Nd:
SIR--The undersigned, to whom the annexed writ of
this date sgn,d by Taos Spcer, Clerk of the Supreme
Court Of the United States is directed most respectfully
states
That the arrest Of Nr John Merryman 10 the said writ
named was not made with the knowledge or by his
order or direction, but was made by Colonel Samuel
Yobe, acting under the orders of Major General VIM.
H. Keim, both of said officers being in the military
vice of the United States but within the limits of Ills
command.
The prisoner brought TO this post the the goth
inst By Adiutaut Jas. W hittimore and Lieut.. VIM II.
Abel by order OF Col lobe, and charged with various
Of treason and with being publicly associated with
and holding commission as lieutenant in a company
hsvg in their possession arms belonging 10 the u s.,
and avowng his purpose OF armed hostility against the
Government.
lie is also informed that it can be clearly established
that the prisoner has made often and unreserved decara
tous OF bis association with this organized force
being in avOwed hostility to the Government and
in readiness to cooperate with those engaged in the
present rebellion against the Government of the United
States.
lie has further to inform you that he is duly author
lied by the President OF the United States in such cases
10 suspend the writ Of habeas corpus for the public safe
y. This is high and delicate trust and it has been
eUoined upon him that it should be cu.ed with udg
and discretion but he is nevertheless also instruct
ed that in times OF civil strife errors if any should be
on the side of safety to the country.
He most respectfully submits to your consideration
that those who shoald cooperate in the present trying
and painful position in which country is placed should
not by OF any unnecessary want of conf ence in
each other, increase embarrassments he therefore
respectfully requests that you will postpone further action
upon the case until he receive instructions from
the President of the United States, when you shall hear
further from him.
have the honor to De, with high respect,
Your obedient servant,
GEo. CADwALLADER,
Brevet MsjOr General.
United States Army, Commanding.
On finishing the reading Of the reply Of General Cad
wallader Col Lee preparing to leave the Court, when
the following nterrogatores were put to him by the Chief
Justice:
Chief Justice-Haye you brought with you the body
of John Merryman?
Col Lee-I have nstructo ons except to deliver this
response to the Court.
Chief Justice-The commanding officer then declines
to obey the writ
Col. Lee-After making that communication, my duty
is ended, and have no further power. Rising and
firing
CGet Justice-The Court orders attachment to
issue against George Cadwaader for GsObedence to the
high writ of the Court, reIurnabe at II o'clock TO-
morrow.
Subsequently the Chief Justice wrote and delivered to
the Clerk the following order
Ordered That an attachment forthwith issue against
General George Cadwalader for contempt in refusing
TO produce the body Of John Merryman, according to
the command of the writ Of habeds corpus returnable
and returned before day. ard that such attachment
-, ,la.tr IL.