Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1891-02-28
WAR "REMINISCENCES.
CLOSED UP THE COURT.
An Incident of tho Civil War Overlooked
by History.

General Schuyler Hamilton, the 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 comm endation of President Lin
coin when he resigned his command in
1868 on account of ill-health and dis
ability, incurred" to use Secretary
Stanton's words, ''in the service of his
country, wherein he was highly distin-
guished for ability and good conduct"
Although during his long military
career General Hamilton had his lung
pierced with lance and his skull frac-
tured by blow, yet he finds himself
now at nearly seventy 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 command to battle. The
General often recalls Incidents in his
military service.
Perhaps thu most remarkable event
In his military career occurred in Wash
ington in 1861, when the Supreme
Court of the United States was temper
arily closed. This story, the General
believes, has never before appeared in
print. He recalled it the other day
while in conversation with some friends,
and subsequently related it substantial
ly as follows:
at was in the early days of the civil
war in 1861, when a writ of habeas cor
pus was issued by Justice Wayne, of the
United States Supreme Court, in the
matter of a private in Colonel Willis
Gormans regiment of Minnesota volun-
teers. The point involved in the case
was practically the right of the Presi-
dent to call out the volunteer militia to
aid in the suppression of the rebellion
The writ was finally served upon Gem
eral Winfield Scott and the Importance
attaching to the subject may be imag-
ined from the fact that Cabinet meet
ing was called to consider the matter.
The Attorney General was appointed
General Scott's legal adviser.
Il was absent at the moment, giving
liberty to collateral descendant of
Washington without parole. When l
returned General Scott asked: Colonel,
is your horse saddled?' My reply was:
My horse is always saddled; only drop
the bit in his mouth
''He then told me about the writ,
WHICH WIS uCcLllCu uClCC-lNGs llS
thought the Sergeant knew the servitor
of the writ and we started out with or
ders from General Scott: Get the pa
pers; use violence if necessary" Secre.
tary Stanton added: We do not care
for the man; we want the papers
"We started on the search al
once, but the Sergeant could not recog
nize the man. He pointed out half u
dozen in the block in front of Willard's
Hotel. We ran our horses to the Capt.
toll, where l saw Mr.. Carroll, clerk Of
the Supreme Court, and advised him OF
the dilemma. He gave orders that nc
papers should go on file unless indorsed
by him. l then invited him to be tenn
porarily i'll, provided coach, lunch
con, and guard of cavalry, with or
ders to shoot any one who attempted tc
approach the carriage.
"We meandered through the Rocl
Creek region until sundown. Upon re
turning to General Scott's headquar
tiers found him in his chair and not il
a very amiable mood. He began K
scold- l smiled and asked him to heal
me. He said: Young man, l have SEN
you on very many important missions
to-day perhaps on the most important o
them all, and here you are philander
ing away the whole day without an.
report
II then simply told him that haC
taken the clerk of the Supreme Cour
off in the Rock Creek country, guarded
by a cavalry escort, to prevent the fill
ing of the return to the writ of habea
corpus which he deemed erroneous o
defective. Capital! Capitalr he cried
Shut up the Supreme Court of tn
United States for the first time sine
its Inauguration by law, without viola
ton of law or order. Take this re
turn to President Lincoln and tell hir
what you have done and what l hGv
said
II did so. The President approve
the return, and added, jocosely: ''
should not have thought of that wa
of shutting up the Supreme Court of tn
United States by carrying away til
Clerk; take this to Mr.. Seward / too
the letter to Secretary of State Seward
Archbishop Hughes was with him. The
conned it over Mr.. Seward then wrot
not, to Justice Wayne. l was r,
quested to bear it to him and to brin
back an answer, which l did.
1.-The decision was made by Justic
Wayne in chambers. 1t was to the e
feet as | afterwards learned from NJ
Seward, that the President had tn
right, under the Constitution, ha
the right to select preferable vclui
teers from the militia.
II took this to Secretary Seward, ant
by his request to President Lincoll
General Scott and Secretary Stantol
afterward saw the papers locked
the safe of the Department of Stat
and took tete-a-tete dinner with Sc
retary Seward that evening"
Search for the paper was recent
made among the archives of the Sta
Department, but it could not be foun
What became of it nobody seems