The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1891-04-02
THURSDAY, APRIL2. 1891.
c OSED UP THE COURT.
An Ineident of the Civil War Overlooked
by History.

An accident of the Civil War Overlooked
by History
Gen. Schuyler Hamilton. the vet
Gran Of three wars is one Of the most
picturesque fgnrcs in the military his
tory Of the United States. His record
~ ! soldier was such rs 10 call for the
special commentator OF President
Lincoln when he resigned his COM
maud in 1868 on account Of ill-heaith
and disability. incurred. 10 use Sec
retary S.auton's words. '.iu the service
of his country, wherein he was highly
distinguished for ability aud good con-
duet.
Although during his long military
career Cen Hamilton had his lung
pierced with a lance, and his skull
fractured b. blow. yet lie finds HIM
self now ut nearly 10 years of age in
the possession OF all his mental and
physical faculties His bearing Is as
soldieriy aud his eye as clear as when
he led his company to battle. The
general often recalls incidents IN his
military service.
Perhaps the most remarkable events
in hi military career occurred IN
Washington I'M 1861, when the Supreme
court Of tile United States was tempo
rarily closed. This story, the general
belle scs. has never before appeared III
print. He recalled it yesterday while
I'm conversation with some friends. and
subsequently, related it TO Il reporter
Of the World substantially rs follows:
1t was in the early days OF the
Ciyi! War, in 1861, when writ OF
habeas corpus WAS issued by Justice
WAYNE. Of the United States Supreme
court, in the matter OF a private IN
Col Willis Germans regiment OF
Minnesota volunteers. The point in
yoIved in the case was practically the
right OF the president TO call out the
volunteer militia to aid in the suppress
sion of the rebellion. The writ was
finally served upon Gen. Winfield
Scott, and the Importance attaching
to the subject may be imagined from
the fact that a cabinet meeting was
called to consider the matter. The
attorney general was appointed Gen.
SCOTS legal adviser
Il was absent at the moment, CIV
ing liberty to n collateral descendant
of Washington without parole. When
[ returned Gen. Scott asked: Col
onel, is your horse saddled?' My re-
ply was: My horse is always saddled;
only drop the bit in his mouth
HE then told me about the writ.
which was deemed defective. He
thought the sergeant knew the seryitor
of the writ, and we started out with
pers; use violence if necessary Sec
i ~ Il
care for the man; we want the papers.
We started on the search at once,
but the sergeant could not recognize
the man. He pointed out half dozen
in the block i'll front of Wizards
hotel. We ran our horses to the cap
itol where | saw Mr.. Carroll. clerk of
the Snprumc court, and advised him of
the dilemma. He gave orders that no
papers should 20 on file unless in
dorsed bv him. then invited him to
he temporarily ill., provided coach,
Il luncheon and a guard of cavalry,
with orders to shoot anyone who at
tempted 10 approach the carriage.
I'VE meandered through the Rock
Greek region until shutdown. Upon
returning to Gen. SCOTS headquarters
| found him in his chair aud not in IA
very amiable mood. lie began to
scold. | smiled aud asked him to
hear me. He said: Young man,
have sent you on very m-nv Important
missions, to-day perhaps on the most
important Of them all, and here YOU
are piiIaudcr;ng away the whole day
without ans report.
Il then simply told him that | had
]
of In the Rock Greek country, guarded
~ a cavalry escort, TO prevent the
filing Of the return 10 the writ of
habcaS corpus which he deemed erron-
eouS or defective. Capital, Capitalr
he cried. Shut up the Supreme court
Of the United States for the first time
siace is inauguration by law. without
violation Of law or order Take this
return to President Lincoln and tell
him what you have done and what |
have said
i did 50. The president proved
the return and added loosely: /
should not have thought of that way
OF shutting up the Supreme court of
the United States by carrying away
the clerk; take this To Mr.. Seward |
Atth AliC JClltL 10 sN''tlttIIA Vi Slalp
Seward. Archbishop Hughes was with
him. They conned it over. Mr. Sew
ard then wrote note to Justice
Wayne. | was requested to bear it to
him and 10 bring back his answer,
which did.
The decision was made by Justice
Nayne in chambers. 1t was TO the
effect, As afterwards learned from
Mr.. Seward, that The president had the
right under the constitution to call
out the militia, and had the right to
select the preferable volunteers from
the militia.
Il took this 10 Secretary Seward and
by his request TO President Lincoln,
Gen. Scott and Secretary Stanton. |
afterward saw the paper locked in the
safe of the department of state. and
took a tcte-a-tetc dinner with Secre-
tary Seward that evening"
Search for the paper was recently
made among the archives of the state
department. but il could not be found.
What became of it nobody seems to
kuow.-A. l. H'0rid