Year: 1861

THE HABEAS CORPUS CASE.
Gen. Cat!Svalader Refuses to Recognize the


Attachment.


The attachment issued Monday last, by Chief
Justice Taney, against Gen. George Csdwalsder,
for refusing to obey the writ Of haJeds corpus in
the case of John Merryman, Esq, was made re.
turnable yesterday, at twelve O'Clock At an early
hour of the day, the United States Circuit Court
building was besieged by immense crowd


Immediately upon the Court room being opened.
about halt-past eleven o'clock, the crowd rushed
in, and in short time the room was completely
filled.


About twelve O'Clock the venerable Chief Justice
made his appearance. Upon taking his seat the
Chief Justice stated that he desired to make an ex-
planariun before the hearing of the case to the
effect that Judge Giles, who was present Yesterday
was absent to-day, owing to the fact that he was
attending meeting OF his church, which be
considered of interest to himself and perhaps
important to the community. He (the justice)
had invited Judge Giles to be present, because he
had desired his counsel and advice in so imrortaDt
case, but he did sit in the case as an officer of
the court, and desired this explanation to be made
The Chief Justice then asked the Marshal if he
had the return The Marshal handed to him the
following papers, which the clerk was directed to
read aloud:


THE UNITED STATES OF AMERICA,


nI-TRICT OF MARYLAND. TO WIT:
To the NGrSkdi q the Maryland District. GreetinQ:


We command you that You attac, the body of General
George CaGwaader and him have before the Hon Roger
b. Taney. Chief Justice of the Supreme Court the Uni
ted States. Tuesday the 2th May 1861 at IL o'clock
M at the Circnit Court Rooms of the United States in
the city of Baltimore, to for his contempt by hm
committed in refusing produce the body of John Mer
ryman Of Baltimore county according the comm and
the writ Of hGJedS pts returnabe and returned be-
fore the said Chief Justice this 9th day of Nav 1851
Hereof You not fall and have you then and there
This writ


Witness, the Honorable Roger B. Taney Chief Justice
-, I,,,rI
this year Of our Lord 1861.


Issued 27th May. 1851 Tnos. SpIcER, Clerk.
hereby certify TO the Honorable Roger b Taney
Chief Justice of the Supreme Court of the United States
that hy virtue of the within writ of attachment d
reced on the 27t of May 1861. preceded the 2Sh
day of May 1861 to Fort Mceny for the purpose
wing tie said wr-l sent in my the outer gate
the messenger return. with the reply that :here
my card" there ore could not serve the
writ as was commanded. not permitted TO enter
Megats


United States Marshal for the District of Maryland


Chief Justice Taney then turned to DEPUTY Mar
shal Vance and said: "Then the writ is not an
swered?"


Deputy Marshal vance-There was no answer.
sir, except that "there no reply to my card I"
| trns not permitted TO enter the outer Gdfe


Chief Justice Taney-Well, you should state that.
The fact does not appear in your return.


Mr.. Vance amended the return in compliance
. with the suggestion by adding the words at the
end Of the return printed in italics, and handing
the paper to the Chief Justice, the latter proceeded
to read from manuscript the suhj"ined remarks
previously saying: Gentlemen, shall feel it my
dusy to enfo &c the process of the Court


! ordered the attachment Yesterday because
upon the lace OF the return the detention of
the prisoner was unlawful upon two grounds.


|. The President, under the Constitution and
laws of the United States, cannot suspend th.
privilege of the writ OF habeas corpus, nor author
ize any military officer to do So


2. A military officer has right to arrest and
detain a person, not subject to the rules and ar
fipia pf a offence he lat,s sDF
the United States. except in and of the judicial
authority and subject to its contrOl-aad if the
party is arrested by he military, it is the duty
of the officer to deliver him over Immediately to
the civil authority, to be dealt with according to
law.


| forebore yesterday to state orally the provi-
sions of the Constitution of the United States,
which make these principles the fundamental law
OF the Union, because an oral statement might be
misunderstood in some portions of it,, and | shall
therefore put my opinion in writing and file it in
the office OF the Clerk of the Circuit Court, in the
course of this week.


After reading the above, the Chief Justice orally
remarked:


In relation to the present return it is proper to saw
that of course the Marshal has legally the power to
summon out the posse conitntus to seize and BRING
into court the party named in the attachment: but
it is apparent be will be resisted in the discharge of
that duty by force n0t0riousiy superior to the
posse and this being the case, such proceeding
can result in good, and is useless. | Will not,



IT, hOwever, General Cadwaiader were before me,
should impose on him the punishment which it is
within my province to infict, that of fine and i'm
prisonment. | shall merely say to-day, that shall
reduce to writing the reasons under which | have
acted, and which have led me to the conclusions
expressed in my opinion, and shall report them
with these proceedings to the President, and call
upon him to perform his Constitutional duty-to
enforce the laws, by compelling obedience to the
civil process


In short time, the large crowd which had
assembled dispersed. The greatest indignation
was universally expressed at the action of Gen.
Cadwalader


GA DRUNKEN SoLDIER.-Yesterday afternoon
ABOUT SIX o'clock soldier, named James U Neal,
belonging to the Patterson Park camp, was on
East Falls avenue, very drunk and acting very dis
orderly Policemen Pool and BouIdin went to
bm ana told him that he must cease his disorder,
when O'Neal drew his bayonet and attempted to
STAB the police officer. With some trouble he was
secured and taken to the Central Police station