HABEAS CORPCS. 



355 



submit to and receive whatever the said Court shall 

 determine upon concerning you on their behalf, ac- 

 cording to law, and have you then and there this writ. 



Witness the Hon. Roger B. Taney, Chief-Justice of 

 the Supreme Court, the fourth Monday in May, in the 

 year of our Lord 1861. 



THOMAS SPICER, Clerk Circuit Court. 



Issued 2Cth May, 1861. 



On Monday Colonel Lee appeared in Court, 

 and stated that he was instructed by General 

 Cadwalader to present to the Chief-Justice the 

 annexed response to the writ, expressing, at 

 the same time, the regret of General Cadwala- 

 der that pressing duties in connection with his 

 command prevented him appearing before the 

 Court in person. Colonel Lee then read as 

 follows : 



HEAD-QUARTERS DEPARTMENT OF ANSAPOUS, ) 

 FOET MCHESBT, May 25, 1S61. f 



To the Son. Roger B. Taney, Chief -Justice of the Su- 

 preme Court of the United States, Baltimore, Md, : 

 SIR: The undersigned, to whom the annexed writ 

 of this date, signed br Thomas Spicer, Clerk of the 

 Supreme Court of the "United States, is directed, most 

 respectfully states 



That the arrest of Mr. John Merryman, in the said 

 writ named, was not made with the knowledge or by 

 his order or direction, but was made by Col. Samuel 

 Yohe, acting under the orders of Major-General Wm. 

 H. Keim, both of said officers being in the military 

 service of the United States, but not within the limits 

 of his-command. 



The prisoner was brought to this post on the 20th 

 instant by Adjutant James Wittimore and Lieut. Wm. 

 H. Abel, by order of Colonel Yohe, and is charged 

 with various acts of treason, and with being publicly 

 associated with and holding a commission as lieuten- 

 ant in a company having in their possession arms be- 

 longing to the United States, and avowing his purpose 

 of armed hostility against the Government. 



He is also informed that it can be clearly established 

 that the prisoner has made often and unreserved dec- 

 larations of his association with this organized force, 

 as being in avowed hostility to the Government, and in 

 readiness to cooperate with those engaged in the present 

 rebellion against the Government of the United States. 

 He has further to inform you that he is duly author- 

 ized by the President of the United States in such 

 cases to suspend the writ of habeas corpus for the pub- 

 lic safety. This is a high and delicate trust, and it has 

 been enjoined upon him that it should be executed 

 with judgment and discretion, but he is nevertheless 

 also instructed that in times of civil strife, errors, if 

 any, should be on the side of safety to the country. 



He most respectfully submits to your consideration 

 that those who should cooperate in the present trying 

 and painful position in which our country is placed, 

 should not, by reasons of any unnecessary want of con- 

 fidence in each other, increase our embarrassments. 

 He therefore respectfully requests that you will post- 

 pone further action upon the case until he can receive 

 instructions from the President of the United States, 

 when you shall hear further from him. 



I have the honor to be, with high respect, your obe- 

 dient servant, GEO. CADWALADER, 



Brevet Major-General U. S. Army, commanding. 



On finishing the reading of the reply of Gen- 

 eral Cadwalader, Colonel Lee was preparing to 

 leave the Court, when the following interroga- 

 tories were put to him by the Chiet-Justice : 



Chief-Justice Have you brought with you the body 

 of John Merryman? 



Colonel Lee I have no instructions except to deliver 

 this response to the Court. 



Chief-Justice The commanding officer declines to 

 obey the writ ? 



Colonel Lee After making that communication my 

 duty is ended and my power is ended. [Rising and 

 retiring.] 



ChieT-Justice The Court orders an attachment to 

 issue against George Cadwalader for disobedience to 

 the high writ of the Court. 



Subsequently, the Chief-Justice wrote and delivered 

 to the clerk the following order : 



Ordered, That an attachment forthwith issue against 

 General George Cadwalader for a contempt in refusing 

 to produce the body of John Merryman according to 

 the command of the writ of habeas corpus returnable 

 and returned before me to-day, and that said attach- 

 ment be returned before me a"t twelve o'clock to-mor 

 row, at the room of the Circuit Court. 



ROGER B. TANEY. 



MOXDAY, May 27, 186L 



The Court then adjourned until Tuesday 

 morning. 



At 12 M. on Tuesday the Chief- Justice en- 

 tered the Court, and took his seat upon the 

 bench. The special proceedings of the day 

 were then entered upon, and the following col- 

 loquy ensued : 



Chief- Justice Taney Marshal, have you the return, 

 sir? 



United States Marshal Bonifant, rising, handed to 

 the Chief-Justice a folded paper, which the latter, 

 after opening, transferred to Mr. Spicer, the Clerk of 

 the Court. 



Chief-Justice Mr. Spicer, read this ; read it aloud. 



The Clerk then read the writ of attachment, 

 and the Marshal's return thereto, as follows : 



THE UNITED STATES OF AMERICA, 1 

 DISTRICT OF MARYLAND, TO WIT. J 



To the Marshal of the Maryland District, Greeting : 



We command you that you attach the body of Gen- 

 eral George Cadwalader and him have before the Hon. 

 Roger B. Taney, Chief-Justice of the Supreme Court 

 of the United States, on Tuesday, the 28th of May, 

 1861, at 12 o'clock M., at the Circuit Court rooms of 

 the United States, in the City of Baltimore, to answer 

 for his contempt by him committed, in refusing to pro- 

 duce the body of John Merryman, of Baltimore County, 

 according to the command of the writ of habeas corpus 

 returnable, and returned before the said Chief- Justice, 

 this 27th day of May, 1S61. Hereof you are not to fail, 

 and have you then and there this writ. 



Witness, the Hon. Roger B. Taney, Chief-Justice of 

 the Supreme Court, the first Monday in December, in 

 the year of our Lord. 1861. 



THOMAS SPICER, Clerk. 

 Issued 27th May, 1861. 



I hereby certify to the Honorable Roger B. Taney, 

 Chief-Justice of the Supreme Court of the United 

 States, that by virtue of the within writ of attachment, 

 to me directed on the 27th day of May, 1861, I pro- 

 ceeded on the 2Sth day of May, 1S61, to Fort McHenry, 

 for the purpose of serving the said writ. I sent in my 

 name at the outer gate ; the messenger returned with 

 the reply " that there was no answer to my card," and 

 therefore could not serve the writ as I was commanded. 

 I was not permitted to enter the gate. So answers 



WASHINGTON BONIFANT, 

 U. S. Marshal for the District of Maryland. 



Chief-Justice Taney Then no answer has been made 

 to the writ? 



Deputy Marshal Yance There was no reply, sir, ex- 

 cept that " there was no reply to my card." I was not 

 permitted to enter the outer "gate. 



Chief-Justice Taney Well, you should state that. 

 The fact does not appear in your return. 



The Deputy Marshal amended the return in com- 

 pliance with "the suggestion, and, handing the paper 

 to the Chief-Justice, the latter proceeded to read from 

 the manuscript the subjoined remarks, previously say- 



