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[391] among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men.

Immediately upon the issue of the order of the commanding general, the arrests of citizens commenced by provost marshals. The family residence of a lady was forced open; she was seized, put on board of a steamer, and sent to the Confederate States. A man was arrested for being ‘disloyal’ to the United States government, and held for examination. Another was charged with interfering with the enrollment; he was held for further examination. Another, charged with being ‘disloyal’ to the United States government, took the oath of allegiance, and was released. A woman charged with the attempt to resist the enrollment was arrested, and subsequently released. A man, on a charge of ‘disloyalty,’ took the oath, and was released. Another, charged with having given improper information to enrolling officers, was released on furnishing the information. Another, charged with having powder in his possession, was released on taking the oath of allegiance. Two others, charged with abuse of the negroes laboring on the fortifications, were held for examination. Another, charged with rendering assistance to wounded Confederate soldiers, and expressing treasonable sentiments, took the oath of allegiance and was released. Another, charged with being a soldier in the Confederate army and paroled, was ordered sent across the lines. A man, charged with treasonable language, was ordered sent across the lines. Two others, charged with aiding Confederate soldiers, took the oath of allegiance and were discharged. Another, charged with receiving letters from Confederates for the purpose of delivery, took the oath of allegiance and was discharged. Another, charged with expressing treasonable sentiments, was held for examination. Two, charged with cheering for Jefferson Davis, took the oath and were released.

One case more must be stated. On May 25, 1861, John Merryman, a most respectable citizen of the state, residing in Baltimore County, was seized in his bed by an armed force and imprisoned in Fort McHenry. He petitioned the Chief Justice of the United States that a writ of habeas corpus might be issued, which was granted. The officer upon it was served declined to obey the writ. An attachment was issued against the officer. The marshal was refused admittance to the fort to serve it. Upon such return being made, the Chief Justice said:

I ordered the attachment yesterday, because upon the face of the return the detention of the prisoner was unlawful upon two grounds:

1. The President, under the Constitution and laws of the United States, can

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