War of the Rebellion: Serial 114 Page 0574 PRISONERS OF WAR, ETC.

Search Civil War Official Records

mansville, were to his positive knowledge actively engaged in the destruction of the railroad bridge at this place on 26th day of April, A. D. 1861.

In evidence of the above he has signed his name hereto.





Captain Commanding Company E, First Regiment

Philadelphia City Guards, 23rd Regiment Pennsylvania Vols.


Baltimore, May 27, 1861.

Lieutenant Colonel E. D. TOWNSEND,

Asst. Adjt. General, Hdqrs. of the Army, Washington, D. C.

COLONEL: On the 25th instant Mr. John Merryman was arrested near Cockeysville to the northward of the city of Baltimore, by the order of Colonel Yohe acting under instructions from Major General William H. Keim. I inclose a copy of the instructions given by Colonel Yohe to Captain Heckman under which the arrest was made and also a copy of the written statement made by Adjt. James Miltimore and Lieutenant William H. Abel of the circumstances attending the arrest which was made on their arrival at Fort McHenry with the prisoner. You are aware that neither Colonel Yohe nor General Keim are within the limits of the department under my command. I donot know the address of Colonel Yohe. General Keim is I think in the neighborhood of Harrisburg.

I directed the officers named who brought the prisoner here to have more specific charges and specifications furnished against the accused with the names of witnesses by which it was expected to prove them and the nature of their testimony, which hen it was my intention to forward to you for the instruction of the general-in-chief.

I regret to say that I have not as yet been furnished with this information. I was yesterday evenign served with a writ ofhabeas corpus issued by the Honorable Roger B. Taney, Chief Justice of the Supreme Court of the UnitedStates, commanding me to be and appear at the U. S. court-room in the city of Baltimore on Monday (this day), the 27th day of May, 1861, at 11 o'clock in the morning, and that I have with me the body of John Merryman of Baltimore County now in my custody, and that I certify and make known the day and cause of the capture and detention of the said John Merryman and that I do submit to and receive whatsoever the said court shall determine upon concerning me in this behalf.

I have the honor to inclose herewith a copy of said writ together with a copy of my reply thereto which will be handed to the court at 11 o'clock this day, the hour named in said writ.

Requesting to be furnished with further instructions as to the course I am to pursue in this case,

I have the honor to be, very respectfully, yours,


Brevet Major-General, Commanding.