Headquarters Department of Annapolis,
Baltimore, May 27, 1861,
Lieut. Col. E. D. Townsend,
Asst. Adjt. Gen., Hdqrs. of the Army, Washington, D. C.
Colonel: On the 25th instant Mr. John Merryman was arrested near Cockeysville, to the northward of the city of Baltimore, by the order of Colonel Yohe acting under instructions from Maj. Gen. William H. Keim. I inclose a copy of the instructions given by Colonel Yohe to Captain Heckman under which the arrest was made and also a copy of the written statement made by Adjt. James Miltimore and Lieut. William H. Abel of the circumstances attending the arrest which was made on their arrival at Fort McHenry with the prisoner. You are aware that neither Colonel Yohe nor General Keim are within the limits of the department under my command. I do not know the address of Colonel Yohe. General Keim is I think in the neighborhood of Harrisburg.
I directed the officers named who brought the prisoner here to have more specific charges and specifications furnished against the accused with the names of witnesses by which it was expected to prove them and the nature of their testimony, which then it was my intention to forward to you for the instruction of the general-in-chief.
I regret to say that I have not as yet been furnished with this information. I was yesterday evening served with a writ of habeas corpus issued by the Hon. Roger B. Taney, Chief Justice of the Supreme Court of the United States, commanding me to be and appear at the U. S. court-room in the city of Baltimore on Monday (this day), the 27th day of May, 1861, at 11 o’clock in the morning, and that I have with me the body of John Merryman of Baltimore County now in my custody, and that I certify and make known the day and cause of the capture and detention of the said John Merryman and that I do submit to and receive whatsoever the said court shall determine upon concerning me in this behalf.
I have the honor to inclose herewith a copy of said writ together with a copy of my reply thereto which will be handed to the court at 11 o’clock this day, the hour named in said writ.
Requesting to be furnished with further instructions as to the course
I am to pursue in this case,
I am to pursue in this case,
I have the honor to be, very respectfully, yours,
GEO. CADWALADER,
Brevet Major-General, Commanding.
[Inclosure No. 1.]
Headquarters,
May 21, 1861.
Captain Heckman, Company D.
Sir: I have been directed by Major-General Keim to seize the arms of the company near you and arrest the captain if in arms against the Government. You will be cautious in your movements and be well satisfied that the captain or any of them are spreading secession sentiments and using their influence in favor of the Southern Confederacy. By all means get the arms. Do not make it known until you are ready and be sure that you accomplish your purpose. If you think you need any assistance you can call upon Company E, at Cockeysville. If you arrest the captain take him to General Cadwalader’s department. Do not be precipitate. Act coolly and deliberately but determinedly.
Yours, &c. ,
SAM’L YOHE,
Colonel First Regiment Pennsylvania Volunteers.
[Inclosure No. 2.]
This is to certify that Mr. John Merryman was arrested by orders of Colonel Yohe as first lieutenant of a secession company who have in their possession arms belonging to the United States Government for the purpose of using the same against the Government. The prisoner acknowledged being lieutenant of said company in the presence of Adjutant Miltimore, of First Regiment of Pennsylvania Volunteers, and Lieutenant Abel, Company D, First Regiment. It can also be proven that the prisoner has been drilling with his company and has uttered and advanced secession doctrines. The prisoner was arrested on the morning of May 25 at his residence about two miles from Cockeysville.
JAMES MILTIMORE, Adjutant,
WILLIAM H. ABEL, Lieutenant,
First Regiment Pennsylvania Volunteers.
[Inclosure No. 3.]
The United States of America,
District of Maryland, to wit :
To George Cadwalader, Greeting:
You are hereby commanded to be and appear before the Hon. Roger B. Taney, Chief Justice of the Supreme Court of the United States, at the U. S. court room in the Masonic Hall in the city of Baltimore on Monday, the 27th day of May, 1861, at 11 o’clock in the morning, and that you have with you the body of John Merryman, of Baltimore County, and now in your custody, and that you certify and make known the day and cause of the capture and detention of the said John Merryman, and that you then and there do submit to and receive whatsoever the said court shall determine upon concerning you in this behalf according to law, and have you then and there this writ.
Witness, the Hon . R. B. Taney, Chief Justice of our Supreme Court, the first Monday in December, in the year of our Lord 1861.
[SEAL.] …………………………………………………….THOS. SPICER,
Circuit Clerk
[Inclosure No. 5.]
Headquarters Department of Annapolis,
Fort McHenry, May 26, 1861.
Hon. Roger B. Taney,
Chief Justice of the Supreme Court of the United States, Baltimore, Ma.
Sir: The undersigned to whom the annexed writ of this date signed by Thomas Spicer, clerk of the Supreme Court of the United States, is directed most respectfully states that the arrest of Mr. John Merry man in the said writ named was not made with his knowledge or by his order or direction but was made by Col. Samuel Yohe acting under the orders of Maj. Gen. William H. Keim, both of said officers being in the military service of the United States but not within the limits of his command. The prisoner was brought to this post on the 25th instant by Adjt. James Miltimore and Lieut. William B. Abel by order of Colonel Yohe, 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 States and avowing his purpose of armed hostility against the Government. He is also informed that it can be clearly established that the prisoner has made open 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 for your consideration that those who should co-operate in the present trying and painful position in which our country is placed should not by reason of any unnecessary want of confidence in each other increase our embarrassments. He therefore respectfully requests that you will postpone further action upon this case until he can receive instructions from the President of the United States when you shall hear further from him.
I have the honor to be, with high respect, your obedient servant,
GEO. CADWALADER,
Brevet Major-General, U. S. Army, Commanding.