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John G. Nicolay, A Short Life of Abraham Lincoln, condensed from Nicolay and Hayes' Abraham Lincoln: A History, Chapter 14. (search)
nally to head off their darling project of a Maryland secession ordinance. One additional incident of this insurrectionary period remains to be noticed. One John Merryman, claiming to be a Confederate lieutenant, was arrested in Baltimore for enlisting men for the rebellion, and Chief Justice Taney of the United States Supreme Court, the famous author of the Dred Scott decision, issued a writ of habeas corpus to obtain his release from Fort McHenry. Under the President's orders, General Cadwalader of course declined to obey the writ. Upon this, the chief justice ordered the general's arrest for contempt, but the officer sent to serve the writ was refused entrance to the fort. In turn, the indignant chief justice, taking counsel of his passion instead of his patriotism, announced dogmatically that the President, under the Constitution and laws of the United States, cannot suspend the privilege of the writ of habeas corpus, nor authorize any military officer to do so ; and some