Page:Confederate Military History - 1899 - Volume 1.djvu/448

410 citizens, and for the further reason that this removal would reduce the number of consumers of provisions. (II Records 650.) A proposition was made by Governor Letcher to Mr. Hemeken, the agent of the New York and Virginia steamship company, to purchase the steam ships &quot;Yorktown&quot; and &quot;Jamestown,&quot; which he had already seized. The acceptance of this proposition by Mr. Hemeken raised a question in Mr. Se ward s mind which he solved by declaring that the acceptance of the proposition was an act of treason. On the 25th of May, Mr. John Merryman, a reputable citizen of Maryland, was arrested at night in his home by an armed force and conveyed to Fort McHenry, where he was imprisoned. He sought liberation at once by his petition to Chief Justice Taney, praying the issuance of the writ of habeas corpus. Justice Taney took the customary legal proceedings against the military commander, but his writ being refused, and his order of attachment disregarded, the venerable head of the judiciary of the Union found the civil government powerless, and could merely record his decision that &quot;upon the face of the returns the detention of the prisoner was unlawful on two grounds:&quot; 1. The President under the Constitution and laws of the United States cannot suspend the privilege of the writ of habeas corpus or authorize any military officer to do so. 2. A military officer has no right to arrest and detain a person not subject to the rules and articles of war, for an offense against the laws of the United States, except in aid of the judicial authority and subject to its control. General Scott impatiently rebuked General Butler by telegram for his "hazardous occupation of Baltimore, which was made without his knowledge and approbation, commanded him to "issue no more proclamations,&quot; to which Butler replied that he acted on &quot;verbal directions received from the war department.&quot; An order from General Scott quickly followed removing General Butler to Fortress Monroe, on account of which the removed