The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-07-10
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act of the marshal, and the duty requir-
ed of him by direction Of the court, and
he found that the marshal had perform
ed his duty.
The Court -" The case Is not now
here on its merits. On the petition OF
the party, this morning at an early hour,
I directed this writ of hd6eaS corpus to
issue. The writ was issued, and was
served upon General Hancock, who has
the custody of Mrs. Surratt, the party
ON whose behalf the writ was obtained.
The writ required him to have the body
of Mrs. Surratt, with the cause OF her
detention before this court this morning,
at ten o'clock. He has neglected to obey
the order OF the court, ana the question
now before us is, what is the court TO do
under the circumstances. That is the
only question before the court at this
time. Any discussion on the merits in
yoiyed would now be out OF place. The
court acknowledges that its powers are
Inadequate to meet the military power
possessed by General Hancock. If the
court were to decide at this moment that
General Hancock was in contempt, the
only process which it would issue would
authority. But why issue an attach
ment against the whole military power
of the United States? This court ac-
knowledges that the laws are silent, and
that 1t is without power in the pl emises,
and therefore declines to make any Or
der whatever. If there he disposition
on the part of the military power to re-
spect the authority of the civil courts,
thew will respect the writ which has
already been served. If, on the other
hand, it Is their determination to treat
the authority of this court with con-
tempt in this matter, they have the pow
CT. and will treatwith equal contempt any
other process which the court might or
der, The court, therefore, must submit
TO the supreme physical power which
now holds the custody Of the petitioner
and declines to issue an attachment, Of
to make any other order in this case.
At ten minutes to II o'clock Major
General Hancock entered the court with
Acknowledgement Speed, who apologized
to the court for the apparent delay IN
making a return by General Hancock,
which was unavoidable. General speed
then proceeded to read the return OF
General Hancock, rs follows:
HEADQUARTERS MIDDLE MnITARY Dv1sroNl
WASHINGTON, D. G, July 4. ! :.
10 Hoa. Andrea Wylie, Justice Of the Supreme Court Of
/ hereby acknowledge the service of
the writ hereto attached, and return the
same. and respectfully say that the body
Of Mary L. Surrat is in my possession,
under and by virtue OF an order Of An
drew Johnson, President of the United
States. and comuander-in-chief OF the
army and navy, for the purpose in said
order expressed, copy OF which is here
to attached and made part of this re.
turn, and that do not produce said body
by reason of the order of the President
OF the United States, Endorsed upon said
writ, to which reference IL hereby res
w. s. HANCOCK,
Maj.-Gen. U. S. Vol, Com, Div.
July Z, 1865.
District of Columbia to wit: In the
matter Of Mary j.: Surrat-petition for
I0beas coypus.-The President OF the
United States to Major-General Han
cock. commanding Middle Division,
greeting; You are hereby commanded
to have the body of Mary e. Surrat de-
tanned under your custody, as 1t is said,
together with the day and cause OF hel
being taken and detained by whatsoever
name she may be called in the same, be.
fore the criminal court in the District o.
Columbia, now sitting, at the City Hall
in the city of Washington, at the, houl
of ten o'clock, A. NJ, this It'll day o
July, 1866, to do and receive, whatever
shaII be then and there considered OF III
this behalf, and have then and there
this writ. Witness, Andrew Wyhe, one
Of the justices of the Supreme Court Of
said district, the 9TH day of July, 1865.
Attest r. J.. MEIGs, Clerk.