Mobile Advertiser & Register
June 13, 1861
Page 1
The
Lincoln usurpation is thus rebuked by the Cincinatti Commercial, a rank
Abolition paper. Coming from such a
source, the complaint is most significant:
We
yet see no reason to revise the judgment we expressed a day or two since, as to
the stretch of power by which General Cadwallader detained John Merryman a
prisoner at Fort McHenry, in defiance of the process of Judge Taney’s
Court. Apart from all considerations of
the mischievous precedent set up thus hastily supplanting the judicial by the
military power, we conceive that there was in the state of facts, as to his
offense, and the situation of the Federal power in Maryland, no adequate
justification for so high-handed an assumption of authority. The offense of Mr. Merryman was clearly
recognizable by the laws, not only of the United States, but of Maryland. Both the former and the latter had judges
sitting in Baltimore, before whom he might have been summoned and held to
answer for the offense charged. But, if
owing to any fear or favor, the judicial authority had failed to do its duty,
as interpreted by the most loyal officer of the Government, it would then have
been time to interfere with the extraordinary power of the sword, which should
never be thrown into the scale of justice save for the highest and most sacred
reasons of inevitable necessity.