The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-01


should as soon &c possible tender their services at tho
Once OF the Adjutani General in rronion.
A BRITISH SUBJECT HELD AS A PRISONER
OF WAR.
THE UNITED STATES COURT REFUSES THE MOTION TO
EXEcurE THE WRIT or HABEAs CORPUS.
UNITED STATES DISTRICT coURr.
Before Hon. Judge Belts.
july IIa the Matter Of The Habeas Corpus Of Purcell
McQaiftan-Ihc amendment 10 the return in this case
ordered for this morning.
The Court asked the Of MoQulan was ready for
hearing.
sir Edwards, advocate for the prisoner asked for tho
return upon the writ He said that hc did appear
officially i'll this case, but he understood that military
officer in attendance with return, copy OF which
would DO laid before the court The paper was presented
HEADQUARTERS THE ARMY,
WAsHNoToS, Wednesday, July ~, 1861. !
TO Col d. TnapkKs Quartermaster's Department., Nc.
Send orders Immediately to commanding officers Of
Forts Hamilton and Lafayette to return writ case OF
tcrcei DcQuilan, that he begs leave to define Obeyng
the writ at this time WINFIELD SCOTT.
lieutenant, dcpated by Lieutenant Colonel Burko, OF
For, Hamilton to attend In his behalf presented the writ
with this return endorsed thercot;--
respectfully decline to make any return ut present
under authority Of Lieutenant General W,"nsd scott,
Lieut. Colonel q. s. A., commanding Forts Hamilton
and lafayette.
M Edwards objected to tho return and wished to know
what was the authority given by Gen Scott.
The Lieutenant then presented a copy Of the despatch
ficn Gen. Scott directing the to DO made Some
discuss then arose between the counsel aud tho Court
rs TO the return.
sir. Stewart l.. woodford Assistant United States
iiistrict Attorney, said this return appears to
lie made by the military commandant IA bedence
70 instructions from superior officers instructions which
Colonel Larke as good soldier eoHld not disoboy No
dSrcspeCt can 10 impute,, 10 him; vii THIS Court
presume that Che military power has acted thus without
which have commended themselves alike the
judgment ana patriotism Of The superior occgs who have
taken this step. do not appear for tho purpose Of
torine any argument upon this writ The return is
made. u IS matter within the discretion of tho
Court 10 whose judgment respectfully leave tho entire
subject
General scott.
Mr Edwards proceeded argue TINT tho prsone, should
oe returned to the custody Of the United States Marshal
in whose opsody he at first and TO be dealt with by
the court If prisoners we're To be tahon from the Com
miHoners IN the way this man had been they would only
make this court and IT'S commissioners Of tho
military A Commissioners Of tins court had s
rescd and he should have been held and tried IN tho
usual form The prisoner (McQulan) had "A right to be
present ia durtig the hearing Of the argument
even deny this charge BY AFFIDAVIT The corr, would poe
cese that tho return did not show reason for dcan
ing this IN custody and he respectfully insisted that
it shoud, in order that he might have an opportunity
20 deny The charges, untrue Mr.. Edwards submitted
tiia' the mon was entitled TO his discharge, for
the that It not stated in the return why he
vas held HIS other was now In Court, having lust
turned from lighting tie battles Of The Union and was
pormitted 20 see him and he (Mr. Edwerda WOULD be
ahe 70 show That hcQuan himself had tried 20 enlist
New York. lie coatended that the Court Should grant
order for M discharge alsi thai order ubeyod
the Judge should then consider whether he woa enforce
not ho Gopld also prove that his brother ano him
self eitis subjects, and for augh tho Court could
see This man IS innocent al whatever charge b.
brought against MIN. Hc or. H. coald NOT conceive
WIZ as fitsh subject The prisoner could he tried for
Judge Bets said lai there occasion speculate
upon thai, they did not thai ground. The party
could be tried for Instance, Cor defaudps the quarter
master iog robbery. liz id not 500 what remedy
counsel had; virtually The abaas corpYs had been
Mr. Edycdsl respectfully say TINT We are not under
marta! law ht Il youl Honor hinks Otherwise, have
nothing more & ssy,
Juope .eits--, am inclined TO LUX
NJ; towards r3nantd 20 argue that the ortcr FOR the
Oct alton Of this shoald have emanalei frnru tho
President and not froa Gcnc.a scott end referred The
usr " The toDcv Gere a 20 the powers Of tha
pIesitcpt CoQse, e'a.ea at tis prisoner had been
clerk "a Nhnrcslln, ana when ordarcd TO militia duty
c"usute6 tA1 British Consul but 0bge serve
aa south Carolina iniht@ lie (Mr tlwerdsl I'D not
kif' b. ts' ai'tr these ,emarls De hasuH =, IA, De
,F1ri,cd away aad doained At tort hamilton FOR any
,ur,t Ol tine.
Ju'eo Belts sad This cour! woubi no, ut OF opposing
tho military power uere was very grave question Ia,
VOWED and IL was somewhat similar % the IN Blli.
moro which came before chief Justice 1noy The quos.
had nc, set been solved bat i. be cons ~
noci.d He (the IudgC) should follow lla case but
would not give any 0pinon II would DO indecorops in
him to oppose tho opinion of CHEF Justice Tapox sua bo
therefore would follow . and take the yrit
at al. The constitutional law should be upheld and
Inc C9qr, would not cav with 'he nrnner
Ia which that done. fhe public mind
might settle dcYn 10 tho conviction 10 lot
the matter "a md not TO throw open the power d
the Nr Of habeas pus 10 be- used by every one whilst
tbs War progressing do not give any opinion how
ever You hove served bls wr upon The commander Of
the tort ara lie says arr by my SUPER officer
70 oeirof tbs man. and then the superior officer depes
ihs power 81 the writ AZ operative against him Shalt
hv therefore give any order TO the Marshal IL
ho may enter on the minutes tnet motion was made TO
cSotlte the writ, but WIS dcuicd