The History of the Several Towns, Manors, and Patents of the County of Westchester, Vol. II (1881 revised ed.)
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. Unwilling to aggravate existing excitement by more immediate action, the court will at present only pass an order that the commanding ofiicer at Fort McIIenry show cause, on or before Wednesday next, the Sth inst. at ten o'clock, w hy an attachment should not issue against him for his refusal to obey the said vmt : and the court sincerely hopes that, in a crisis like the present, wiser coun-scls may prevail at the post, and that no unnecessary conflict of authority may be brought in between those owing allegiance to the same government and bound bv the same laws."
FoKT McHexrt, ^Id., ^
Monday, 6th May, 186 1. i
noN. William Fell Giles, Judge of the U. S. District Court for the District of Maryland :
Sir. -- My attention has been directed to an article iu the local column of the Baltimore Sun of this date, headed, ''The Habeas Corpus Refusal." Presuming that that article is authentic. I wish very respectfully to submit for your consideration the following remarks on this unhappy "conflict of authority between those o';\'ing allegiance to the same Government, and bound by the same laws. "