THE TO\VN OF WEST FARMS. 50I

.•s.»;unl:iy Judge Giles issued the following order to be entered on the record of f ^- C )urt. After quoting the title of the case he says: " la this case a petit: III wo-s prest.-ritcd to nie, in the usual form, stating that John G. Mullen M-as il- !• rjlly detained at Fort McHenry in this city, by the ofEcer commanding at that f,>rt; that the said John G. Mullen was only twenty years of age, and had Li.-i.-n enlisted without the consent of his father, George JIulleu, who united in tliejiL-tilion, and made afSdavit to the truth of the facts stated therein; and the julition closed with the prayer for the writ of habeas corpus. In the discharge of the duty required of me by the laws of the United States, upon the preseuta- U'ln of such li petition, I ordered the writ of habeas corpus to be issued, to be directed to the conimaading ofBcer at Fort McHcury, commanding him to prod-ace before me, at ten o'clock this morniug, in the District Court-room iu this city, the body of said John G. Mullen, with the cause of his confinement, at the hour mentioned for the return of the said writ. The deputy marshal, who was yjtjt down to serve the writ, filed in this court this morning an affidavit, stating tliat it had been served on an officer in command of said fort, and who refused to oljcy said writ.

This is the first time within my experience of thirty-three years at the bar and on the bench that the writ of haZeas corjms has failed in this State to procure obedience to its mandate. It is a writ so dear to every freeman that the Constitution of the country has, with great care, provided ' that it shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it."' With no suspension of this writ by competent authority, with no proclamation for its suspension by any one claiming to possess such power, with no state of affairs existing as would authorize its suspension, the court learns, Avith deep regret, that an othcer of the United States Army has thought it his duty to refuse obedience to the -writ.