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7. Either the military education of General Scott was in his way, or he was totally ignorant of the condition of affairs in Baltimore. However wil. ling the people may have been to resist the Government in sending troops to coerce States, they were utterly without arms or organization to carry any such wish into execution.

8. General Butler, however, knew very well how utterly unprepared the city was to make opposition even to a single regiment, if brought unexpectedly to the citizens, and prepared for any emergency. IIe, therefore, asked permission to take a regiment or two from Annapolis and march to the Relay Ilouse on the Baltimore and Ohio rail road. The request was granted.

9. On the 4th of May he issued orders for two regiments and a battery of artillery to be ready to march at two A. M. The troops were in Washington city. In two hours after starting, they were at the Relay House.

10. Not only the utter inability to resist the passage of troops, but even the want of disposition to do so on the part of the citizens, was shewn by the fact that on the 8th of May, Colonel Patterson landed at Locust Point, with twelve hundred men. There was no other demonstration than the usual

Questions.-7. What is said of his plan? 6. What is said of General Butler? 9. What order did he issue on sth of May? 19. Vas there any ability to resist troops? Who landed at Locust Point?

assembling of a crowd to witness the soldiers. Marshal Kane was present with a body of police, and tendered the services of the officers of the civil law. His offer was accepted, and there was no disturbance.

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Relay House, Washington Junction, B. de O. R. R.

11. Butler remained at the Relay House for a week. On the 13th, in the night, when those who

Questions.—11. IIow long dil Cutler remain at the Relay House, And then what did he do?

CASE OF MR. MERRYMAN.

255

were not in bed, were kept in doors by a violent rain storm that was raging, he marched with a thousand men to Federal Hill. Lieut. General Scott called this "a hazardous occupation of Bal. timore," and regarded it as a “God-send that it was without conflict.”

12. Scott, whether he really thought that Butler had acted with temerity, or whether he was annoyed to find himself so deceived about the condition of affairs in the city, insisted upon the recall of General Butler.

13. Butler was succeeded by General Cadwallader, and the troops were temporarily withdrawn. Afterwards, Duryée's Zouaves occupied Federal Hill, and built a strong earthwork, whose cannon commanded both the town and Fort McHenry.

14. The first collision between the civil law and the military, was on May 14th. On that day, Judge Giles, of the United States District Court, issued a writ of habeas corpus for the release of a man confined in Fort McHenry. Major Morris refused to obey.

15. The most noted case, however, of a refusal to obey the writ of habeas corpus, was that of

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Questions.-12. What did Scott insist upon, and why? 13. By whom was Butler succeeded ? 14. What was the first act of resistance to the civil law by the military? 15. Which was the most noted case ?

John Merryman, of Baltimore county, who was cast into Fort McHenry, on May 25th.

16. Mr. Merryman was charged with holdihg & commission as Lieutenant in a company avowing its hostility to the General Government; with being in communication with the army at the South, and with various acts of treason. His counsel had an interview with the commander of the Fort, and requested that he might be permitted to see the papers under and by which Mr. Merryman was detained in custody. The request was refused.

17. Mr. Merryman at once forwarded a petition to Roger B. Taney, Chief Justice of the Supreme Court of the United States, praying for a writ of habeas corpus to be issued, commanding General Cadwallader to produce the petitioner in Court, and shew cause for his detention. The writ was issued for May 27th. General Cadwallader's response to the writ was a letter to the Chief Justice stating the charges against the accused; that he was satisfied of the guilt of the prisoner, and that he was duly authorized by the President of the United States tu suspend the writ of habeas corpus.

Questions.-16. What was Mr. Merryman charged with? 17. What did Mr. Merryman do? What was General Cadwallader's response ?

CASE OF MR. MERRYMAN.

257

18. The Chief Justice immediately ordered that an attachment forthwith issue against General Cadwallader, for contempt in refusing to produce the

body of John Merryman, according to the command of the writ of

habeas cor

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pus. On the

day appoint

ed for the CHIEF JUSTICE TANEY.

return, the Marshal replied that he had proceeded to the fort to serve the writ, that he was not permitted to enter the gate, and that he was informed “there was no answer to his card."

19. The Chief Justice remarked in court that the detention of the prisoner was unlawful upon two grounds:

1. That the President, under the Constitution, cannot suspend the privilege of the writ of habeas corpus, nor authorize any military officer to do it.

2. That “a military officer has no right to arrest and detain a person, not subject to the rules and

Questions.—18. What did Chief Justice Taney do? What was the effect? 19. What did the Chief Justice decide?

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