The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-02
HEADQUARTERS OF THE ARMY.

not appear oficialiy IN this case, but he under
stood that military officer was in attendance with
return, copy of which would be laid before the
court. The paper was presented, and read as fol-
lows: " "
HEADQUARTERS OF THE ARMY.
WASHINGTON. Wednesday July "a 1861 I
10 oposs ~ ~ LomP%tHS' Q"artsrmaSer's Department.
No 3, State street, Ne1g Fork -
Send orders inmediHty to the commanding oFcers oF
Forts Hamilton and Lafayette to return to writ in case
OF Purcell McQuan, that he begs leave decline obey
ing tie ne writ al thus Tune WINFIELD SCoTT.
A lieutenant depued by Lieutenant Colonel Burke of
Fort Hamilton to attend in his behalf presente the writ
with this return endorsed thereon -
| respectfully decline make any return at present
under authority OF Lieuenant'General Winfield Scott
r..--a MARTIN BURKE
ton and Lafayette.
Mr.. Edwards objected to the return and wished
to know what was the authority given by Gen.
Scott. -
The lieutenant then presented copy of the des-
patch from Gen Scott directing the return to be
MADE some discussion then arose between the
counsel and the Court as to the return
Mr. stewart h. Woodford, Assisan United
otaes District Attorney said this return appears
to be made by the military commandant in obadi-
has "aJa instructions from superior officers pstruc-
meuded themselves aKe tr4 J-,-l -~il;ar oo-ri
trlotIsm of the superior officers which have taken
this step. do not appear for the purpose of en-
tering into any argument upon this writ. The re-
turn is made. 1t is now matter within the dis
creton of the Court, to whose Judgment respect
| fully leave the entire subject.
Judge Belts asked Mr.. Edwards if h intended to
concede that the prisoner is held under the discre
ton of Gen. Scott.
Mr. Edwards proceeded to argue that the prison.
er should be returned to the custody of the United
| States Marshal, in whose custody he was at first,
and to be dealt with by the Court If prisoners
were to be taken from the Commissioners in the
| way this man had been, they would only make this
court and its commissioners servants of the mill
| tary. A commissioner of this court had this man
arrested, and he should have been held and tried in
the usual form. The prisoner (McQuillap) had
right to be present in court during the hearing of
| he charge IL
davt. The court would perceive that the return
! did not show any reason for OBTAINING this in
custody, aud he respectfully insisted thatit should
in order that he migh have opportunity to deny
| the charges If untrue.
Mr.. Edwards submitted that the man was enti-
tied to his discharge for the reason that it was not
| stated in the return why he was held. His brother
was now IN court, having just returned from night
ing the battles of the Union, and not permit
ted to see him, and he (Mr. Edwards) would be
able to show that MCQuillan himself had tried to
enlist in New York. lie contended that the Court
should grant order for his discharge, and if that
order not obeyed, the Judge should then con-
slider whether he would enforce it or not lie
could also prove that his brother and himself are
British subjects, and for aught the Court could see
this is innocent of whatever char,e can ba
brought against him. lie (Mr. Z could not con-
ceive what. British subject, the prisoner could
be tried for under martial law.
Judge Belts said that there occasion to
! speculate upon that, they did not go that
ground The party could be tried for instance, for
dctrauding the quartermaster or for robbery. He
did not see what remedy counsel had; virtually the
habaas corpus had been suspended.
Mr.. Edwards-I respectfully say that we not
under martial law; but il your Honor thinks other
wise, have nothing more to say.
Judge Betts-I am inclined 20 think So
MIR. Edwards continued to argue rhat the order
for the detention of this man. should have emanated
from theE President and not from General Scott
and referred to the opinion OF the Attorney Gene
raj, as to the powers of the President. Counse
! stated that this prisoner had been cerk in Char
leston and when ordered to militia duty cousultec
the British Consul, but Obliged to serve in the
. South Carolina militia. He Mr.. Edwards) did no
. know but that after these remarks he himself migb
! be spirited away and detained at Fort Hamilton To-
q any length of time.
\ opposing the military power; there was very
y Grave question involved, and it was somewhat sim
u liar to the case in Baltimore which came befor
. Chief Justice Taney. The question had not ye
= been sOv ed, but might be considered as moo e'
= | one He (the JuGge) should follow that case, bu
% would not give any opinion. II would be indrcor
= Gus in him to oppose the opinion OF Chief justice
' TaneV, and he therefore would follow 1t aud taxi
no action on the writ at ALL The constitutions
law should be upheld and the Court would not cavi
. with the manner in which that was done IN
public mind might settle down to the conylcuol
to let the matter 60 it is, and not to throw opel
- the power of the writ of hGbeas corpus to be use
Of by every one whilst this wac is progressing, d
~ rot give any opinion, however. You have serve
Sf this writ upon the commander of the fort and
a
10 liver this man;" and then the superior officer d
80 MES the power of the writ as operative again
n him. shall not, therefore, give any order TO u
~ Marshal to execute it. You msy enter on 20
Il. minutes that a motion was made to execute 10
n, writ, but was denied.
to STATE CONTRADICTIONS TO BE RErHRURSEo.-A
of act to indemnify the States inr expenses
he nv them in defense of the United states.
is BE it enacted bY the Senate and House Of heP'
-a seytafires of the United States Of America an 10
us assembled That the Secretary OF the IreasuI
ri. be and he is hereby directed out OF any money
ot the Treasury not otherwise appropriated; 10 p
to the Governor of any State, or to his duly a
thorzed agents, the costs, charges and eXpen'
properly incurred BY such State for enrolling, 81
sistipe clothing, supplying, arming, equiPplu
paving, and transporting Its troops employed DYED
ON the United States, to be sett.d upon proper VI
is chers to be filed and passed upon by the prop
er- accounting officers of the Treasury.
all Approved July u, 1861.
'le' PoSrooN BRlDGEs-L Lieutenant Gilm ore, U. s.
has Just completed pOntoon train. 1t is compo
> of forty-two wagons, with spare wheels, Ak
=. spokes, hubs, etc, two hundred and fifty SIX h
nesses, thirty six India rubber pont9ons OF ha h'
with all the timber, planking, caoles, aIS ai h,
5 forges, ETC., sufficient to form oriuse ~ aif
anu anu dred feet in length and thirteen anu
pea width. 1t can be thrown ready tor tne ad
cen troops in 81 minutes. II used as ra,.S' atc can
o,ooo men, WIZ .bo Hudson or the Mississippi In
as a p'rs harrisburg Patriot and OHton'
!: ~, Nrw BLoCKAprNG SQUADRoN.-A Norther
eral IHE hH .H huyinp Of several old vessels, at
ster fadino them with stone ballast and sinh
o an the inside of the bars of the rivers tC
'sn- hiockaded Charleston, Savannah and New
leans (if the wrecks were sunk at the head OF
passes) would require but small blocka'
i Of. squadron.
for SAFETY on RAMRoADs.-The annual report o
ave Nav Jersey Railroad Comnany. presented recel
m says:
at Upwards of three millions OF PASSENGERS
Sat been transported safely since the iSst ~
sued making more than thirty-six millions VINO
long been carried without loss oil lie Ut i'n' ~
since our organization.