The Local news. [volume] (Alexandria, Va.) 1861-1862, 1861-10-28

MILITARY CoUKT.-Ine Military Chur1
held its usual session at the County Cour
House this morning-Judge Freese presd
ing. The after dance of either of the towr
was much.larger than we have ever known
before. A number of representatives of Nor
thern firms were also present.
The preliminary affidavit in the civil case
OF Vurnham, Plumb & Co. against Barley &
Triplett was read, whereupon the Court or.
dered that the representative of said firm be
summoned to answer forthwith.
After the transaction Of some military
business, the Court took up,
Bowen. Hume & Co. and M. S. Hallowell
against G. r. Wilmer & Bros.
| In this case, the FIVE days allowed the de-
PENDANTS to reply having expired, the case
came on for adjudication. Messrs. I. Louis
Kinzer and H. O. Claughton appeared for
Mr.. Slaymaker; co-partner and representa-
tive of Wilmer & Bro, and S. F. Beach for
the plaintiffs in the case.
Mr.. kinzer read the answer of the defend
ant to the complains of the plaintiffs, which
he stated was prepared not so much for tho
eye Of the Court, as with view of carrying
the case up upon an appeal to the authorities
at Washington. The answer, after stating
the facts in relation to the business of Messrs.
Wilmer, proceeds to deny the Jurisdiction of
the Provost Courtin the premises, asserts that
martial law. has not been declared 10 Alexan.
dria, and reviews, at some length, the incon-
venience and danger attending the proceeds
ings Of the Court as now administered, and
objects to the same AS contrary to the Con.
stitution Of ;he United States, the proclama.
ton of the President of the United States
and of Col. Wilcox, the commander of the
forces which t"ok possession of Alexandra
on the 24th Of May last.
Mr.. Claughton followed. arguing that even
supposing all civil courts to be abolished, the
Military Court was bound to administer the
law IS recognised BY the Federal Govern
ment, in acknowledging the authority Of the
Virginia established at Wheel,
ing, That authority having been recognised
as binding, all the laws of the Comn,on-
wealth enacted previous to the winter of
1860, this court was then bound to admins.
ter those laws and they afforded no auth.ri.
ty for the action which it was proposed the
court should take in this Case
Mr.. Beach thought that recent law of the
Wheeling government provided for Just such
an exercise Of Jurisdiction.
The Court said that the hinge of, the con-
truversy was whether martial law existed in
He thought that it did. Il
was true there had been no formal proclama.
ton to that effect-but the appointment of
zen. Montgomery as Military Governor of
seemed certain to contemplate a .
military government. i
The Court was aware it was a singular
state of affairs, but it had to take things az
it found them, and administer I,::etice as best
It could. 1t was DESTROYS II o'the case
should 60 up to the Washingt.A utp-gs!, orities.
md the whole matter be adjudicated before
hem.
1t would accordingly postpone an opinion
Until tomorrow, and allow an appeal to be
AIKEN, and retaining the goods, of the
Aessrs. Wilmer in the possession of the
jourt-would stay further proceedings I'm.
il the appeal was decided, j
And after seme other business, the Court
adjourned. /,