Rather than approaching Judge Giles, whose prior order in a Maryland habeas matter had been ignored, Merryman's lawyers went to Washington, D.C., and asked Chief Justice Taney to issue a writ of "habeas corpus". Taney promptly issued the writ on Merryman's behalf on May 26, 1861; Taney ordered General George Cadwalader, the commander of the military district including Fort McHenry, where Merryman was being held, to bring Merryman before Taney the next day. Taney's order directed Cadwalader only to produce Merryman at court, not to release him. During that era, Supreme Court Justices sat as circuit court judges, as well. It is unclear if Taney was acting in his role as a circuit judge for the United States Circuit Court for the District of Maryland, or making use of special authority to hear "habeas" matters permitted to all federal judges, including the Chief Justice, under Section 14 of the Judiciary Act of 1789.