The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-14
TIE BALTIEIi3 RE s,;;gTCN CcFgTTs-
GIOT Frs
From tie n. 2 D0iIa Mus
KINGS COUNTY COURT, AUGUsT l2-BEFORE JrDGE



GARRISON.
TIE BALTIMORE Police CoaUrs10HERs-AN Ar
TAcHMENT Issued AGAINST Coz. BURKE AND THE
PRISONERS DIRECTED TO BE BRoUGUr INTO CuURT-
The case of the Baltimore Police Commissioners
came up again this forenoon. On Friday il viii
be remembered, Judge Garrison held thai the re-
turn made to the writ of hGbeaa corpus was insuf-
cient, and atrsquest OF counsel for the ovarrpart
the case was postponed to give him \ opportunity
Of ascaFtaiDing if the military authorities vyorl6
permit return to be made that would technically
conform 10 the statute, in all but the essential par
ucuiar-the presence Of the prisoners in Court-as
was suggested by the Judge
Messrs. Wood and Van Loon arpearcd for the
prisoners, U. y. District Attorney Smith appeared
for the Government, and Colonel Burke was repre-
sented by Lieut.. Lay.
Mr.. v o0d said that the case had been adiourned
on Friday, at the suggestion Of his Hanug, to al
low an amended return 10 be made 10 the writ
fhev now ask il such return has been made
District Attorney Smith said the return had been
made IN the form directed by Lieut. Gen. Scott who
acting the agent of the President of ;b United
States. Colonel Burke has been directed by Cen
Scott, acting for the President Of the United States
not to obey the writ Of habcqa corDus If II ws,e
applied for on behalf of the prisoners Fort Lafsv-
cite. The Government takes the position that this
is necessary in the present condition of the
country. IL was known that there were men at
the Nnrth-there are such men in New York and
Br0oklyr-whO are il CORE TespondeDce with ipspr
recCionists of the South, giving them iniicatin oF
army, &c, This WAS one Of such cases Counsel
c0ntended that those men were in effect nrisoners
OF war, and II the Court undertook to interfere
with them, magistrate could interfere and order
prisoner taken on the battle field to be brought
before him.
Mr.. Smith read from the opinion of Attorney
General Bates, and said there no disposition to
be disrespectfu to the Court. Col. Burke takes the
position he is directed by his superiors.
Judge Garrison said his duty was clear; those
parties are entitled to the privileges of the writ
they demand, and it is my duty to grant it. have
the right, and it is made my duty them TO iUouire
if those parties are held by virtue of any prdcsss
Of any Court of the United States.
The District Attorney asked his Honor, il, sup
posing the struggle going on IN Virginia, was
on Long Island, would he interfere with the mill
tary officers of the Government ia case Of prisoners
of war?
Counsel for prisoners thought there was no
analogy between the cases. He conended that this
. was not time TO! argument on the merits of the
case. Let the writ be obeyed and when the prison
are in Court will endeavor to show the
Court they are not legally detained.
The District Attorney anmsdverted severely on
those men who come to the aid Of rebels and trai.
tors. He intiinated that the Government ,yI,,Id
protect Itself from traitors North and South. and
that more arrests would be made and among
others he hoped Senator Breckenridge. who claim
ed to be as good Union man as any of them
would be one. There are here, he said. me1
anxious about the externals of the Constitution
but they will gee its very heart DESTROYED without
word. MIR. Smith said the Government would