Decision On May 28, Taney stated from the bench that the President can neither suspend habeas corpus nor authorize a military officer to do it, and that military officers cannot arrest a person not subject to the rules and articles of war, except as ordered by the courts. Taney noted that, while the marshal had the right to call up the posse comitatus to assist him in seizing General Cadwalader and in bringing him before the court, it was probably unwise for the marshal to do so, as the civilian and military authorities might collide and violence ensue, and thus Taney would not punish the marshal for failing in his task. He then promised a more lengthy, written ruling within the week and ordered that it be sent to President Lincoln, "in order that he might perform his constitutional duty, to enforce the laws, by securing obedience to the process of the United States".
decision on may 28 taney stated from the bench that the president can neither suspend habeas corpus nor authorize a military officer to do it and that military officers cannot arrest a person not subject to the rules and articles of war except as ordered by the courts taney noted that while the marshal had the right to call up the posse comitatus to assist him in seizing general cadwalader and in bringing him before the court it was probably unwise for the marshal to do so as the civilian and military authorities might collide and violence ensue and thus taney would not punish the marshal for failing in his task he then promised a more lengthy written ruling within the week and ordered that it be sent to president lincoln "in order that he might perform his constitutional duty to enforce the laws by securing obedience to the process of the united states"