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430
HISTORY OF MARYLAND.
Morris still refused to obey. Dr. N. S. Jervis, the medical examiner of Fort
McHenry, however, appeared, and testifying that the soldier was under age,
he was discharged. The last few days of May were signalized by another
habeas corpus case, of even greater note than the
foregoing, being rendered famous by the issue of
the writ, and the filing of an elaborate opinion in
the case by Chief Justice Taney. Mr. John Merryman, of Baltimore County, was arrested at his
dwelling on the 25th of May, by an armed force,
and removed to Fort McHenry, under a charge of
treason. On the following day a writ of habeas
corpus was issued by Chief Justice Taney, directed
to General George Cadwallader, returnable Monday,
May 27th. Upon that day Colonel Lee, aid-de-
chief justice taney. camp of General Cadwallader, appeared in court,
and stated that he had been directed by his commanding officer to appear
and express his regrets that his engagements at the fort prevented his
appearing in person, but that he had charged him to read, to the court a
letter as his answer to the writ which had been issued against him.
In this letter, directed to Judge Taney as Chief Justice of the United
States, General Cadwallader said that Merryman had been arrested without his knowledge or direction, by Colonel Samuel Yohe under orders of
Major General William H. Keim, both being military officers of the United
States, but not within the limits of his command. The charges against
Merryman were that he belonged to an organization
as lieutenant in a company arrayed in armed hostil 11 \
against the United States, and had made " open and
unreserved declaration of hostility to the governmi n t
and was in readiness to co-operate with those engagi d
in the present rebellion," etc. He further infornu d
Judge Taney that he was authorized by the Presid> ul
to suspend the writ of habeas corpus in such can -,
and requested that further action should be postponed until he could receive additional instructions
from him. After reading the letter the chief justice
observed that the writ positively commanded General
Cadwallader to deliver up the body of Mr. Merryman that day, but as he had disobeyed, he would direct an attachment to be issued, against him, returnable on the
next day. An attachment was accordingly issued against General Cadwallader,
citing him to appear before the court to answer for contempt in refusing to
obey the writ previously issued. On the deputy United States marshal proceeding to Fort McHenry to serve the writ, he was met at the outer gate, and
sending in his name, the messenger returned with the reply that there was no
answer to the marshal's card, and further, that he would not be permitted to
JOHN MERRYMAN.
| Title | History of Maryland - 3 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000461 |
| Type | Books/Pamphlets |
| Transcript | 430 HISTORY OF MARYLAND. Morris still refused to obey. Dr. N. S. Jervis, the medical examiner of Fort McHenry, however, appeared, and testifying that the soldier was under age, he was discharged. The last few days of May were signalized by another habeas corpus case, of even greater note than the foregoing, being rendered famous by the issue of the writ, and the filing of an elaborate opinion in the case by Chief Justice Taney. Mr. John Merryman, of Baltimore County, was arrested at his dwelling on the 25th of May, by an armed force, and removed to Fort McHenry, under a charge of treason. On the following day a writ of habeas corpus was issued by Chief Justice Taney, directed to General George Cadwallader, returnable Monday, May 27th. Upon that day Colonel Lee, aid-de- chief justice taney. camp of General Cadwallader, appeared in court, and stated that he had been directed by his commanding officer to appear and express his regrets that his engagements at the fort prevented his appearing in person, but that he had charged him to read, to the court a letter as his answer to the writ which had been issued against him. In this letter, directed to Judge Taney as Chief Justice of the United States, General Cadwallader said that Merryman had been arrested without his knowledge or direction, by Colonel Samuel Yohe under orders of Major General William H. Keim, both being military officers of the United States, but not within the limits of his command. The charges against Merryman were that he belonged to an organization as lieutenant in a company arrayed in armed hostil 11 \ against the United States, and had made " open and unreserved declaration of hostility to the governmi n t and was in readiness to co-operate with those engagi d in the present rebellion," etc. He further infornu d Judge Taney that he was authorized by the Presid> ul to suspend the writ of habeas corpus in such can -, and requested that further action should be postponed until he could receive additional instructions from him. After reading the letter the chief justice observed that the writ positively commanded General Cadwallader to deliver up the body of Mr. Merryman that day, but as he had disobeyed, he would direct an attachment to be issued, against him, returnable on the next day. An attachment was accordingly issued against General Cadwallader, citing him to appear before the court to answer for contempt in refusing to obey the writ previously issued. On the deputy United States marshal proceeding to Fort McHenry to serve the writ, he was met at the outer gate, and sending in his name, the messenger returned with the reply that there was no answer to the marshal's card, and further, that he would not be permitted to JOHN MERRYMAN. |
