Cabinet meets to discuss procedures relative to Negro volunteers. N.Y. Times, 31 May 1861.

Maryland district attorney consults with President concerning John Merryman in prison at Fort McHenry, Md., without benefit of writ of habeas corpus. [On May 25, 1861, John Merryman of Maryland was arrested by military authorities in Pennsylvania, charged with treason, and sent to prison in Fort McHenry, Baltimore, Md. Chief Justice Taney issued writ of habeas corpus to be heard before him on May 27, 1861 in Baltimore. Gen. George Cadwalader, in command at Fort McHenry, refused to execute writ. Taney issued writ for person of Cadwalader, who refused to accept service. Taney realized that neither writ could be executed by force, so he referred case to President Lincoln with admonition that laws of U.S. be respected and enforced. Taney contended that: 1. according to Constitution President had no right to suspend writ of habeas corpus; and 2. military can arrest only persons subject to rules and articles of war.] Case of ex parte Merryman, 17 Fed. Cas. No. 9487; N.Y. Times, 31 May 1861.

Lincoln asks Atty. Gen. Bates to present argument for suspension of writ of habeas corpus. Abraham Lincoln to Edward Bates, 30 May 1861, CW, 4:390.

At 3 P.M. reviews with General Winfield Scott four newly arrived New York regiments, including Garibaldi Guard, in front of White House. At night visits Navy Yard and boards steamer Monticello to see effects of shots from Sewall's Point. Evening Star (Washington, DC), 31 May 1861, 3:2, 4.

[Irwin withdraws $2.50 from Springfield Marine Bank. Pratt, Personal Finances, 176.]