United States vs. Porter
397
Mr. Foley had been arrested and placed in the guard house by order of the Provost-Marshal, and he announced his purpose of applying for his release. I told him that whatever application he had to make must be in writing, upon proper affidavit, and that as the whole Court is in regular session he must make it to that Court in full sitting, and he withdrew to confer with some of his brother lawyers upon his course.
After dinner I visited my brother Judges in Georgetown, and returning home between half past seven and eight o'clock found an armed sentinel stationed at my door by order of the Provost-Marshal. I learned that this guard had been placed at my door as early as five o'clock. Armed sentries from that time continuously until now have been stationed in front of my house. Thus it appears that a military officer against whom a writ in the appointed form of law has issued, first threatened with and afterwards arrested and imprisoned the attorney who rightfully served the writ upon him. He continued, and still continues, in contempt and disregard of the mandate of the law, and has ignominiously placed an armed guard to insult and intimidate by its presence the Judge who ordered the writ to issue, and still keeps up this armed array at his door, in defiance and contempt of the justice of the land. Under the circumstances I respectfully request the Chief Judge of the Circuit Court to cause this memorandum to be read in open Court, to show the reasons for my absence from my place upon the bench, and that he will cause this paper to be entered at length on the minutes of the Court alongside the record of my absence, to show through all time the reason why I do not, this 22d of October, 1861, appear in my accustomed place.
W. M. Merrick,
Assistant Judge of the Circuit Court of the District of Columbia.
Assistant Judge of the Circuit Court of the District of Columbia.
The reading of the communication (from Judge Merrick) having been concluded, Judge Dunlop announced that the two remaining Judges (himself and Judge Morsell) had, after consultation, decided that the letter should be filed as requested by Judge Merrick, and it was so ordered.
