Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1882-06-29
CLOSING A COURT.
How the Highest Tribunal Of the Nation was shut
Up for One Day


hon: the country was deeply agitated,
men, minds were vexed with all sorts
OF questions. There were occasional
small incidents of apparent interest A
collateral descendent of the great George
need | add Washington? been
captured in a skirmish near Fairfax
Court House. The writer was ordered
TO examine into his case. Shakespeare
has said, Whats in a name?n In his
ease there was something in a name.
lie was deemed quite harmless, and,
therefore il was decided, because he bore
the name of Washington, that he should
be set free without parole. He was so
set free. In the mean time a writ of
habeas corpus had been served upon
Lieutenant General Scott. General-in-
Chief Of the armies of the United States
commanding him to bring before Justice
Wayne, of the Supreme Court of the
United States, certain private of the
Third Wisconsin Regiment Of Folun-
teers, at that time commanded by Col
onel Charles 5. Hamilton kinsman
Of the writer, but since distinguished
Maror General, and since the war
Uaited 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 neigh
boring States to suppress instruction
or rebellion, but no constitutional right
to call out volunteers. 1t was vital
question. II well founded, the Union,
in its hour Of extremity, was bereft of
defenders. Returning from the duty in
Dictated ABOVE the writer found Edwin
NJ. Stanton closcted with General Scott.
Served with the writ, General Scott had
it sent TO President Lincoln, a Cabinet
council was Immediately summoned
Mr.. stanton was ordered to be retained
rs legal counsel for General Scott.
When the writer arrived in their pres
,nce an answer had been returned to
the writ Rejecting upon the matter
Mr.. Stanton and General Scott agreed
thatsfhe return made by them was not
what it should have been.
Colonel, is your horse saddled?"
''Only needs his bits, General
Mount at once. Take Sergeant
Walters with YOU. He saw the man to
whom the return to the writ was given.
Arrest him at all hazards Nrest the
"
lence if necessary.
Soon we were speeding down Penn
sylyania avenue. Within half block
from Willards Hotel the Sergeant,
bit Hurried, had pointed out half dozen
men rs the identical man with the re-
turn to the writ Of habeaS corpus. 1t
was apparent that two men could not
arrest all or half OF the men, on Penn
sylyania avenue. 1t was remembered
by chance that Mr.. Carol, Clerk of the
Supreme Court of the United States,
was an ardent supporter Of the Union.
Spurs were not spared. The Supreme
Court Office, on Capitol Hill, was soon
reached. Mr.. Carol was within
Asked if u return To such and such
writ had been placed on file. he replied
in the negative Asked if any paper
could 90 on file without his approval or
Endorsement, he likewise replied in the
negative. He was asked if he could not
give special orders that none should 90
on file without Ii lis written Endorsement
Having been fully advised of the situa-
ton, he was requested to be suddenly
taken quite unWell. and infol med that
fine carriage was at the foot of the steps
A lunch and n mounted guard and day
lin the country would certainly cure
his indispostion,
Mr.. Carol chcerfully assentod. The
necessary orders were given by him to
the officials in his Office The mounted
guard We're ordered, on pain of death,
to allow no one to approach the carriage
containing Mr.. Carroll. 1t was, per
haps, / ! n. m. We stretched away to
the Rock river country, meandered here
and there and Mr.. Carroll was not ut
his home until the sun had set for half
an hour Returning to General SCOTS
residence, we found that he was not
there; he was still ut the office. When |
the writer appeared he was in fine
rage.
Where have you been, sir all day? |
! sent you to-day on perhaps the most |
important duty ! ever sent you upon, |
and here it is after sunset and | have |
had no report from you. What have
Won been doing, sir? Have YOU the re-
turn % ,hc writ sent you to recover"
Il have not the return, General.
'What nave YOU been dongF'
Only closing the Supreme Court of
the United States, Genera"
Narrating what is stated above, the
General clapped his hands and laughed
with 9lee.
Go to Mr. Stanton and ask him to do
me the favor to meet me here ut once. !
Mr. Stanton came think Mr.. Car
ron. who lived at the corner of Seven
trcnth and Fifth streets. was summoned
also. The corrected return was shortly
placed in the hands Of the writer, with
orders To submit il to President Lincoln
and state what had been done and exc
cute his orders to the premises. Mr..
Lincoln called it 1.-THE Capture of the
Supreme Court and, approving the
proposed corrected return, ordered il to
be carried to Seward He was always
ou duty ut those times, night and day.
llcwas i'm his office. Archbishop Hughes
most devoted son of the Roman
Catholic church and Of the Union, was
with him, Mr.. Seward said they had
an anxious day, and requested the writ
cr Is take the corrected return, with a
note. 10 which an answer Was requested
hv bearer, To Mr.. Justice Wayne, of the
United States supreme Court. The pa
pcrs were delivered to Justice Wayne,
and an answer was returned The
President had full constitutional right
To call for volunteers as part of the nil
liija The writer never saw the opinion.
By request of Mr.. Seward he conveyed
tito President Lincoln first, and then to
General Scott and Mr. Stan' and, by
Mr. Seward request, returned it into
his lands in the State Department. A
pleasant day, delightful dinner with
Mr. Seward t,tc tie closed the day.
Ii reeountcd his experience As public
school teacher in Georgia in his early
youth, his experience Al college; and so
ended the day in 1861, when the Sup
RENE Court Of the United States practi-
cally WAS closed H0icRS colcRS
The Wrong Town.
ON one occasion 1T Harrisburg, Judge
Black delightfully."- deluded genial, din
urr-joyiug. STORYTELLING Dave Sellers
Sellers and the Judge were engaged in
Il law ease. and about noon, rs they
WIRE leaving the court room. the judge
-ail People round here dine 1T Il
o'clock | don't like this custom, and
prefer dining At 4 or $. As know Of
splendid restaurant in this town, sup
pose we stroll about till 1 o clock, and
then dine" SELLERS assented willingly,
and the hours hew pleasantly by be-
meath the spreading trees that border
the stately Susuchauna. As the hour