500 HISTORY OF THE COUNTY OF WESTCHESTER. 



passed by de Lancey's mills to the neighborhood of Morrisania, where 

 they took twelve or fourteen prisoners, some stock, &c. The enemy 

 collected, a skirmish ensued, in which the enemy had a number of men 

 killed and wounded ; our loss, two killed and two wounded."" The 

 frequency of these attacks compelled De Lancey to shift his quarters 

 under the British guns of Fort No. 8, in Fordham. The dwellings at 

 Morrisania were burnt on the same day with the Westchester court 

 house. 



In St. Anne's churchyard repose the remains of Brevet Brigadier- 

 General W. W. Morris, U. S. A., a member of the Morris family, whom, 

 it will be remembered, was the first military officer who, during the late 

 Civil War, refused to obey a writ of habeas corpus, while in command 

 of Fort McHenry, at Baltimore, Md. At first public indignation was 

 aroused against him, and it was at one time proposed by the Govern- 

 ment to deprive him of his commission. Upon sober second thought, 

 the Government concluded that his act, though high-handed, was justi- 

 fied by the emergency. Following is the correspondence upon the 

 subject: — 



Headquarters, Fort McIIenry, Md., 

 May 8th, 1861. 

 Colonel : — "I wish most respectfully to inform the Lieutenant-Gcneral Com- 

 manding, that during the past week a writ of Habeas Corpus was issued by the 

 Hon. Judge Giles, of the United States District Court, for the District of Mary- 

 land, commanding me to produce the body of John G. Mullen, a recruit of the 

 United States Army, on the alleged ground that said Mullen was a minor at the 

 time of his enlistment. 



I have the honor to enclose an article from the Baltmore Sun (No. 1) ; a copy 

 of my letter to Judge Giles, (No. 2,) and a copy of the Judge's reply, (No. 3,) 

 which will afford the Lieutenant-General all the knowledge of the subject which 

 I possess. 



I respectfully request that the Lieuteant-General will furnish me with the laws 

 and orders now in force with reference to the discharge of soldiers enlisted as 

 minors. Very respectfully your obedient servant, 



(Signed,) W. W. MORRIS, 



Asst. Adjt. Gen., Major 4th Artillery, 



Hd. Qrs. of the Army, Commanding. 



Washington City. 



From the Baltimore Sun of Monday, May 6, 1861. 



(local matters.) 



The Habeas Corpus Refusal. — On Saturday it was stated that a Habeas Corpus, 



issued by Judge Giles of the United States Court for the surrender of the body 



of John G. Mullen, has been refused by the commandant of Fort McIIeury. On 



a Heath'3 memoire, p. 214. 



