John Merryman, esq., of Baltimore county, President of the Maryland Agricultural Society, was arrested on Friday of last week, by order of the Government, and taken to Fort McHenry to await an investigation on a charge of Treason. On the petition of the prisoner, Roger B. Taney, Chief Justice of the Supreme Court, on Sunday issued a writ of habeas corpus, which was served on Gen. George Cadwallader directing him to produce the body of Merryman in Court by 11 o’clock, Monday.
At the appointed hour Colonel Lee appeared in Court and slated that lie was instructed by General Cadwallader to express his regret that pressing duties in connection with his command prevented his appearing before his Honor in person, and to present his response to the writ. General Cadwallader in his reply states that Merryman was not arrested with his knowledge or by his order or direction, but by Col. Yohe acting under order of Major Keim,“ and is charged with various acts of treason, and with being publicly associated with and holding a commission as Lieutenant in a company having in their possession arms belonging to the United Slates, and avowing his purpose of aimed hostility against the Government.
He is also informed that it can be clearly established that the prisoner has made often and unreserved declarations of his association with this organized force, as being in avowed hostility to the Government, and in readiness to co-operate with those engaged in the present rebellion against the Government of the United States.
He has further to inform you that he is duly authorized by the President of the United States, in such cases to suspend the writ of habeas corpus, for the public 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 confidence in each other, increase our embarrassments. He therefore respectfully requests that you will postpone further action upon the case until he can receive instructions from the President of the United States, when you shall hear further from him.”
The Chief Justice, however, was not disposed to comply with the General’s request, and ordered an attachment, returnable at 12 o’clock Tuesday, to issue forthwith against General Cadwallader for contempt in refusing to obey the writ.
Shortly after 12 o’clock, on Tuesday, Marshall Bonifant being called upon for his answer to the writ of attachment, responded by saying he proceeded to Fort McHenry and sent in his name at the outer gate, and that the messenger returned with the reply that there was no answer to his card, and therefore he could not serve the writ as commanded. The Chief Justice then said the next precedure would be to summon the posse comitatus, but it would be idle to attempt this in the face of a superior force, and the Court, therefore, had no power to relieve the prisoner as the operations of the law had been set aside. He would however, put his opinion in writing and file it in the office of the Clerk of the Circuit Court, and would also write out the proceedings in the case, and report the same to the President and remind him of his duty to see that the laws be enforced.
— As the case of Merryman has excited considerable interest, we have given the above full and careful synopsis of it. For the benefit of Secessionists who are holding up their hands in horror at what they style “Cadwalladers arbitrary and infamous conduct ”we beg leave to say the Constitution of the United Stales provides that the writ of habeas corpus shall he suspended “when in case of rebellion or invasion the public safely may require,” and we think the contingency has arisen when the Commander-in-Chief of the Army and Navy has a right to suspend it. We trust the accused in this case may have an impartial trial, and if convicted be punished accordingly. Neither a tottering Judge nor a traitorous Legislature should be permitted in these times of peril to thwart the Government in its efforts to detect and crush out Treason. The country will applaud and ratify the course of General Cadwallader.
The Cecil Whig, Elkton, MD