Page:Reports of Cases DC Circuit Court 1840-1863, Volume 2.djvu/414

 before the 26th of October, 1861, to show cause to this Court why an attachment of contempt should not issue against him for obstructing the process and course of justice and administration of it in this Court, in the particulars set forth in Judge Merrick's letter, that a copy of said letter accompanying the rule to show cause, and that the same be returnable on Saturday, the 26th of October, at 10 A.M. of that day, at the Courtroom in the City Hall, Washington. By order of the Court. Test., Clerk.

In the Circuit Court on Saturday, October 26, 1861, Judges Dunlop and Morsell being present:

The Court asked the clerk if there had been any return to the writ issued against General Porter, the Provost-Marshal of this city.

The clerk answered there was none.

Mr. Carrington, the District Attorney, presented in behalf of the Deputy-Marshal (Mr. Philips) a paper, with the affidavit of Mr. Philips, stating that the rule had not been served, because he had been ordered by the President not to serve it, and because the privilege of the writ of habeas corpus had been suspended for the present by the President, in regard to soldiers in the army of the United States, within the Distri6t of Columbia.

To the Honorable, the Judges of the Circuit Court of the District of Columbia.

George W. Philips, in whose hands the rule hereinafter mentioned was placed as Deputy Marshal, respectfully represents to your honors that he did not serve the rule issued by your honorable Court on the 22nd day of October, 1861, to be served on General Andrew Porter, Provost-Marshal of said District, because he was ordered by the President of the United States not to serve the same, and to report to your honorable Court that the privilege of the writ of habeas corpus has been suspended for the present, by order of the President of the United States, in regard to soldiers in the Army of the United States within said District, and that he respectfully disclaims all intention to disobey or treat with disrespect the orders of this honorable Court. .