But, as you admit, the Constitution of the United States lixs provided that this writ of Habeus Corpus may be suspended in case of rebellitjn, if the public safety require it. You, however, allege that there is "no such state of affairs existing as would authorizo its suspension." On this point it 'u with regret that I am compelled to differ from so eminent an authority ; and I am further constrained to add, that the question is one of fact, rather than opiuiuu.

At the date of issuing your writ, and for two weeks previous, the city in which you live, and where your court has been held, was entirely under the control of revolutionary authorities ; within that period U. S. Soldiers, while committing no offence, had been perfidiously attacked and inhumanly murdered in your streets; no punishment had been awarded, and I believe no arrests had bcca made for these atrocious crimes ; supplies of provisions intended for this garrison had been stopped : the intention to capture this fort had been boldly proclaimed ; your most public thorougiifares were daily patrolled by large numbers of troops, armed and clothed, at least in jjart, with articles stolen from the United States; and the Federal flag, while waving over the P''ederal offices, was cut down by some person wearing the uniforin of a Slaryland soldier. To add to the foregoing, an assemblage elected in defiance of law, but claiming to be the legislative body of your State, and so recognized by the Executive of JIaryland, was debating the forms of abrogating the Federal compact. If all this be not rebellion, I know not what to call it. I certainly regard it, as sufHcient legal cause for suspending the writ of Habeas Corpus.