The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1891-04-10
CLOSED up THE COURT.
An Incident OF the Civil War Overlooked
by History.


Gen. Schuyler Hamilton: tho vet
eran of three wars, is one of the most
picturesque figures in the military his
tory of the United States. His record
as a soldier was such as to call for the
special commentator of President
Lincoln when he resigned his COM
mand in 1868 on account of ill-bealth
and disability. incurred" to use Sec
rotary Stanton's words, "in the service
of his country, wherein he was highly
distinguished for ability and good con-
duct"
Although during his long military
career Gen. Hamilton had his lung
pierced with a lance, and his skull
fractured by blow. yet he finds HIM
self now at nearly 20 years of age in
the possession of all his mental and
physical faculties. His bearing Is as
soldierly and 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 his military career occurred in
Washington in 1861, when the Supreme
court of the United States was tempo
rarily closed. This story, the general
believes, has never before appeared in
print. He recalled it yesterday while
in conversation with some friends. and
subsequently related it to a reporter
of the World substantially as follows:
1T was in the early days of the
Civil War, in 1861, when writ of
habeas corpus was issued by Justice
Wayne, of the United States Supreme
court, in the matter of private in
Col. Willis Germans regiment OF
Minnesota volunteers. The point in
volved 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.
4 was absent at the moment, CIV
ing liberty to 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 servitor
of the writ, and we started out with
orders from Gen. Scott; Get the pa
pers; use violence if necessary Sec
retarv Stanton added: We do not
care for the man; we want the papers,
I'VE started on the search at once,
but the sergeant could not recognize
the man. He pointed out half dozen
in the block in front of Wizards
hotel. We ran our horses to the cap
itol where | saw Mr.. Carroll. clerk of
the Supreme court, and advised him Of
the dilemma. He gave orders that no
papers should go on file unless in-
dorsed by him. then invited him to
be temporarily ill, provided a coach,
q luncheon and guard of cavalry,
with orders to shoot anyone who at
tempted to approach the carriage.
I'VE meandered through the Rock
Creek region until shutdown. Upon
returning to Gen. SCOTS headquarters
l found him in his chair and not in a
very amiable mood. He began to
scold. l SMILED and asked him to
hear me. He said: Young man, l
have sent you on very many important
missions, to-day perhaps on the most
important cf them all, and here you
are philandering away the whole day
without any report
II then simply told him that l had
taken the clerk of the Supreme court
off in the Rock Creek country, guarded
by cavalry escort, to prevent the
filing of the return to the writ of
habeas 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
since its Inauguration by law. without
violation of law or order. Take this
return to President Lincoln and tell
him what you have done and what l
have said
II did so. The president approved
the return and added loosely: i
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 /
took the letter to Secretary of State
Seward. Archbishop Hughes was with
him. They conned it over. Mr.. Sew
ard then wrote a note to Justice
Wayne. was requested to bear it to
him and to bring back his answer,
which l did.
The decision was made by Justice
WAYNE in chambers. 1t was to the
effect. as l 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 to 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 tete-a-tete dinner with Secre-
tary Seward that evening""
Search for the paper was recently
made among the archives of the state
but it could not be found.
What became of it nobody seems to
KNOW. Y. World.