Page:Reports of Cases DC Circuit Court 1840-1863, Volume 2.djvu/413

398 They also thought it might, as the writ (of habeas corpus) had been regularly issued, to state that the matter was now before the Court to be tried.

The statement of their brother Judge presented a case where the progress of law is obstructed. It was the duty of the Court to afford the remedy, and, if the facts are as stated, to cause the law to be respected.

As the Provost-Marshal had obstructed a process of this Court, it would order a rule to be served on General Andrew Porter, to appear before the Court and show cause why an attachment for contempt should not issue against him.

Judge Morsell said that this was a palpable and gross obstruction to the administration of justice, to prevent a Judge of this Court from taking his seat because he issued a writ just such as the law requires.

The placing of a sentinel before Judge Merrick's house was evidently for the purpose of embarrassing him in this particular subject, and to prevent his appearance in Court.

He (Judge Morsell) would make the rule broader so as to have the Provost satisfy the Court as to both matters. The Court has its duty to do, a duty the Judges are sworn to do, and that duty is the administration of justice according to law.

What is the real state Of things? If martial law is to be our guide, we look to the President of the United States to say so. He (Judge Morsell) did not pretend to controvert the right of the President to proclaim martial law, but let him issue his proclamation. The Judges have their duty to do under the law, and are liable to be punished if they do not do it.

I intend to do my duty, and vindicate the character of this Court as long as I sit here.

I am an old man.

The following notice was written off by the Judge: In the Circuit Court of the District of Columbia

The Clerk is directed to file the letter of Judge Merrick, addressed this day to the Chief Judge of the Court. And it is ordered this 22d day of October, 1861, that a rule to show cause be issued against General Andrew Porter, Provost-Marshal of the District of Columbia, requiring him, on or