The commander of the fort, Gen. George Cadwalader, by whom he is detained in confinement, in his return to the writ, does not deny any of the facts alleged in the petition. He states that the prisoner was arrested by order of Gen. Keim, of Pennsylvania, and conducted as a prisoner to Fort McHenry by his order, and placed in his (Gen. Cadwalader’s) custody, to be there detained by him as a prisoner.
Doesn't sound ex parte to me.
600 posted on 01/20/2004 1:28:18 PM PST by aristeides