The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-06-14
4 HIT OF HISTORY.

How the Supreme Court Of the
United States Was Shut Up for
aDay and . Night.
It was in the early days Of the rebel
lion the country was deeply agitated /;
mems minds were vexed with all sorts
Of questions. There were occasional
small incidents Of apparent interest. A
collateral descendant Of the great George
need add Washington had been
captured in q skirmish near Fairfax
court house. The writer was ordered to
examine into his case. Shakespeare
has said, "What's in name >" In his
case there was something in q name.
He was deemed quite harmless, and
! therefore it was decided, because he
bore the name Of Washington, that he
should e set free without parole. He
was 50 set free. In the meantime writ
! Of il,:be.,s corpus had been served upon
Lieutenant General Scott, general-in-
chief Of the armies of the United States,
commanding him to bring before JUS
tice Wayne, Of the Supreme Court of
the United States, Il certain private of
the Third Wisconsin regiment of vol
unteerS, at that time commanded by
Colonel Charles S. Hamilton-no kins-
man OF the writer, but since distln-
guished major general, and since the
war United States Marshal for the
southern district Of Wisconsin. The
writ of habeas corpus was claimed upon
the ground that the President, under
the constitution of the United States,
had the right to call out the militia Of
neighb0nng States to suppress insurrec-
ton or REBEL on, but no constitutional
right to call out volunteers. It was q
vital question. If we'll founded, the
Union, in its hour Of extremity, was be-
relt of defenders. Returning from the
duty indicated above, the writer found
Edwin NJ. Stanton cl0seted with Cen
eral Scott. Served with the writ, Cen
eral Scott had it sent to President Lin
coin. A cabinet council was immediate
ly summoned. Mr.. Stanton was ordered
to he retained as legal counsel for Cen
eral Scott. When the writer arrived i'm
their presence an answer had been re-
turned to the writ. Rejecting upon the
matter, Mr.. Stanton and General ScOtt
agreed that the return made by them
was not what it should have been.
Colonel, Is your horse saddletl ~
''Only needs his bits, General"
mount ut once. Take Sergeant WAL
whom the return to- the writ was given.
return to the writ from him. Use VIC
lence if necessary"
Soon we were speeding down Penn
sylvania avenue. Within half block
from Wizards Hotel, the sergeant,
bit Hurried, had pointed out half doz-
en- men ~ the identical man with the
return to the writ Of habeas corpus. 1t
was apparent that two men could not
arrest all or half of the men on Penn
sylvania avenue. 1t was remembered
by chance that Mr.. Carroll, clerk Of the
Supreme Court Of the United States.
was al ardent supporter Of the Union.
SpuTs were not spared. The Supreme
Court office, on Capitol Hill, was soon
reached. Mr.. Carroll was within. Be-
ing asked If 4 return to such and such q
writ had been placed on file, he replied
in the negative. Asked If any paper
could 60 on file without his approval or
Endorsement, he likewise replied in the
He was asked If he could not
give special orders that none should 70
on fle without his written Endorsement.
Having been fully advised of the situa-
ton, he was requested to be suddenly
taken quite unweIl, and informed that
fine carriage was at the foot of the steps.
A lunch and q mounted guard and q
day lin the country" would certainly
cure his fndisposition.
Mr.. Carroll cheerfully assented. The
necessary orders were given by him to
the officials in his office. The mounted
guard were ordered, on pain of death,
to allow no one to approach the carriage
Mr.. Carroll. It was, per-
llape, II q. N. We stretched away to |
the Rock river country, meandered here |
and there, and Mr.. Carroll was not at |
bis home until the sun had set tor half !
m hour. Returning to General SCOTS |
we found that he was not |
there he was still at the Office. When !
the writer appeared he was in q fine |
ra e!ev., 49,. ,.., g., -
sent you to-day on perhaps the most !
important duty l ever sent you upon,
md here It Is long after sunset and I |
have had no report from you. What
have you been doing, sir? Have you
he return to the writ l sent you to re-
,over::"
II have not the return, General"
what have you been doing?"
"On]y closing the Supreme Court Of
he United States, General"
Narrating what Is stated above, the
General clapped his hands and laughed
With glee.
''3o to MI. Stanton aud ask him to do
ne the favor to meet me here at once"
Mr.. Stanton came. I think Mr.. Car
oil, who lived at the corner Of Seven
zenith and F streets, was summoned
llso. The corrected return was shortly
placed in the hands Of the writer, with
orders to submit 1t to President Lincoln
md state what had been done and exc
ute his orders in the premises. Mr..
Lincoln called 1t 1.-THE Capture of the
supreme Court" and, approving the
corrected return, ordered It to
,e carried to Seward. He was always
N duty at those times. night and day.
He was in his Office. Archbishop
Hughes, . most devoted son Of the Re-.
nan Catholic church and of the Union.