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 Baltimore," 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 Butler was succeeded by General Cadwallader, and the troops were temporarily withdrawn.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

13. By

Questions.-12. What did Scott insist upon, and why? 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 holding a 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 to suspend the writ of habeas corpus.

17.

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

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?

articles of war, for an offence against the laws of the United States, excepting as subject to the control of the judicial authority; and that it is the duty of the military to immediately deliver over persons so arrested, to the civil authority, to be dealt with according to law. It is, therefore, very clear that John Merryman is entitled to be set at liberty and discharged immediately from imprisonment."

20. After stating that his constitutional power had been resisted by a force too strong for him to overcome, and suggesting the possibility that the military officer may have misunderstood his instruction, and exceeded the authority intended to be given him, and stating his intention to have a copy of the proceedings transmitted to the President of the United States, he thus conclndes: “It will then remain for that high officer, in fulfilment of his constitutional obligation 'to take care that the laws be executed,' to determine what measures he will take to cause the civil process of the United States to be respected and enforced." The Chief Justice declared that the prisoner was improperly held, and was entitled to his liberty.

21. The Legislature of Maryland passed a resolution declaring "that we deem the writ of habeas

Questions.-20. What further did he say? 21. What resolution did the legislature pass?

corpus the great safe-guard of personal liberty, and we view with the utmost alarm and indignation the exercise of despotic power, that has dared to suspend it in the case of John Merryman, now confined in Fort McHenry."

22. Mr. Merryman was subsequently released on bail, but was never tried, although on two occasions he demanded this right. On the first occasion, May, 1863, the case was dismissed by the orders of the Attorney General of the United States. In June, however, he was re-indicted, and held so until 1867, when by the directon of the United States District Attorney, the case was finally dismissed.

CHAPTER XXVIII.

LEGISLATIVE PROCEEDINGS

Arrest of Winans - The

Report on Federal Relations.

1. Shortly after the assembling of the Legisla ture in their extra session, Ross Winans, a member of the House of Delegates, was arrested in the presence of the Governor of State by an armed force under orders of the Federal Government.

2. The General Assembly passed resolutions condemning in the strongest terms this act, and

Questions.-22. What further is said of Mr. Merryman? 1. Who was shortly afterwards arrested? 2. What resolutions did the legislature pass?