This section contains the nature of the case and procedural background.

Merryman (P) resides in Maryland, in Baltimore County. He was taken at two o'clock on the morning of the 25th of May 1861, by the military and conveyed to Fort McHenry, where he is imprisoned by the commanding officer, without a warrant from any lawful authority. General Cadwalader does not deny the facts alleged in the petition. A copy of the warrant or order under which P was arrested was demanded by his counsel and refused. It appeared that P was arrested upon general charges of treason and rebellion, without proof, and without giving the names of the witnesses, or specifying the acts which, in the judgment of the military officer, constituted these crimes. The General refuses to obey the writ of habeas corpus, upon the ground that he is duly authorized by the president to suspend it.

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