The Washington critic., 1885-06-27

vost stmarshal, and he announced his purpose TO
apply for his releases
i told him that whatsoever application he
had to make must be In writing, upon proper
AFFIDAVIT, and that as the court was In regular
session, he must make IL to the court In fun
sitting, and he withdrew to confer with some
of his brother lawyers upon his course After
dinner visited my brother judges in George
town, and returning home between hali-paSt
seven and eight O'Clock, found an armed senti-
mel stationed at my door by order OF the
/ learned that this guard had been placed at
my door as early as five O'Clock. Armed sen
tries, from that time continuously have been
been stationed In front of my house.
Thus IL appears that military officer, against
whom a writ in the appointed form of law has
issued, first threatened with arrest and after
ward arrested and imprisoned, the attorney
continued and still continues, In contempt and
disregard of the mandate of the law. and he
has ANONYMOUSLY placed an armed guard to
Judge who ordered the writ to issue, and still
Keeps up this armed array at his door in de
fance and contempt of the Justice of the land
Under these circumstances, | respectfully re-
quest the Chief Justice of the Circuit Court to
cause this memorandum to be read in open
from my place upon the bench. and that he
Will cause this paper to be entered at length
on the minutes of the court besi de. the record
of my absence to show, through all time, the
reasons why do not on this 22d day of
October, 1861, appear in my accustomed place.
WILLIAM NJ. MERRrCR,
District of Columbia.
THE ORDER OF Tie COURT.
Amid profound silence the Chief Judge
then announced that after consultation
with his brother Judge (MorselD, the
court had decided that the letter should
be filed-that the writ of habeas corpus al
luded TO had been regularly issued; that
it would be regularly heard and acted
upon, by the court. The Chief Judge
added: "rhis letter of Judge Merrick
presents case where the progress of law
is obstructed, and it is the duty of the
court to afford remedy and to cause the
laws to be respected" and thereupon or
dered that a rule be served upon General
Andrew Porter returnable on the 26th of
October, that he show cause why an at
tachment of contempt should not is
sue against him, for obstructing the pro-
cess of this court and the administration
of justice under it as particularly set
forth in said letter of Judge Merrick.1
REMARKS OF JUSTICE MoRsELL.
The venerable and noble Justice Nor
sell then stated in substance, to the inn
lnense audience:
This Is gross and, palpablc obstruction of
judge of this court from taking his seat, be-
cause he issued a writ that he was required by
law law to 90. The placing of sentinel before
purpose of embarrassing him in this particular
subject and to prevent his appearance in court.
would make the rule broader and have Mr..
Provost satisfy the court as to other matters.
rms court has its duty to do-a duty which the
judges are sworn to do, and that is, the admin
istration of justice according to law. What is
the real state of things? II martial law Is to
be our guide we expect the President of the
United states to say so by proclamation. We
have our duties to do under the law, and are
liable to be punished If we do not do them. |
am an old man and have but few years to live,
but intend to do my duty and TO vindicate
the character of this court so long as / sit up
on the bench
These remarks were received with loud
applause, which was checked only with
great difficulty by the officers of the court.
Chief Justice Dunlop then stated, "We
will commence the calling of the docket
and go on with the business of the court,
so long as we are permitted to do so. We
conceiveit it to be our duty to proceed with
the business before the court"
THE ORDER NOT SERVED.
The entire community were keenly
watching the result of the rule for con-
tempt issued against General Porter, and
on Saturday, the 26th of October, its re-
turn day, long before the opening hour,
the courtroom was jammed almost to
suffocation. 1t was known generally
that the marshal had not served the rule
OH General Porter, but the reasons were
not known, although, as the marshal was
pected he did not wish more than a
plausible excuse for emitting to serve it.
The rule was returned simply mot
served" with the following statement
duly sworn to:
TO NE Honorable Tie Judges ofthe Circuit Court,
etc.
George w Phillips, in whose hands the rule
hereinafter mentioned was placed as deputy
marshal, respectfully represents to Your
Honors that he did not serve the rule issued
tpa by your Honorable Court on the 22d day of
Porter, provost-marshal of said District be-
cause he was ordered by the Presidnet of the
@ limited "a states @ not to S the same ana to re-
lege of the writ of habeas corpus has been sus-
pended for the present by the order of the
soldiers in the Army of the, United States with
disclaims all intention to disobey or treat with
s bena read
the newly appointed District Attorney,
desired ''to be heard" The Court stated
they "did not wish to hear from him. The
return showed that the process had not
been served and the reasons therefor,
and presented so grave a subject for their
advisement, and would adjourn until the
30th of October" Meanwhile poor Mr..
Foley was in prison, none daring to apply
for habeas corpus for him, and the public
mind continued to be excited to fever heat
On Wednesday the 30th, the same i'm
mense crowd filled the courtroom, en-
bracing as matter of course persons
whose opinions were wholly opposed to
each other, many insisting that the judges
were 'rebels who should be dragged from
the bench" others who desired the law to
prevail, especially as neither martial law
nor the suspension of the writ of habeas
corpus had then been proclaimed, as it
might have been and was, shortly after
wards.
THE DECISION OF THE COURT.
AT the opening of the court, Chief
Justice Dunlop, in q calm and judicial
manner, read the following decision: