Cadwalader had been sent instructions on May 28, 1861 from Army headquarters explicitly acknowledging issuance by Chief Justice Taney of the writ of habeas corpus, and ordering Cadwalader, under the President's authority, to keep holding Merryman in custody [REF].
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.