New-York daily tribune., 1861-08-13
3ROOKLYN I1'EMS,

Tpe BiLrIwoRE POLICE CorNlsHoSkRs -TBE
PRIsoEERs voT F5RqHcoyUG--AE ATTACHMENT l.
suLD AeArssr CoLoNtL BUEm.-Tbe case Of the
Baltimore Police Commissioners came no before Judge
Garrison yestciday morning. On fnday last, 1t VII
be recoIlcc:ed Judge Garrison, Of the County Court q
Kings County, held thar The return made to the writ
OF habea corpus was msafeont, and, at The request
of counsel tho case WIS postponed, 20 give IN oppor-
tunty of asceraDing ii the military authorities would
permit return 10 be made that would technically con-
form TO the statute in all but the esseDal pariicuar-
he p-efence Of the defendants ~ tbe C0uit-as was
fHQgested by the Judge.
Alessrs. q. r. Wood John G. Van Loon, Ez.Goy'
Rankin Of Penne ylyanil, 4. y. S1lliyan ana D. W.
Moses appeared Tor the Commissioners. stewart L'
No0Lfopl, Assistant United States Dstrlel-AitOrDey,
aod Lieut. Lay, u. =. ~. represen'ed he Goyernmeht
aud Colonel Burke, The custodian OF the prisoners ~
F0rt Lafayette.
NJ. Wool asked if the return TO the wrIt had been
made.
Distrct-AGorney smith said the return had been
made in the form Gireced by Lieut.. Gen. Scott, Who
acing the agent of the President Of the United
States Col Burke bad been directed by Gen Scott,
acting The Piesiicnb Of the United States not to
obey the writ Of habess corpus il were applied Tor
on behalf Of the pfisonere az Fort Lafayette. The
Government took the position that ths course was
neces ssy In the present condition # the conLtry 1t
was kO0n that there men at the North I'm New
York and BFOoklyDl who were in correspondence with
the insurgents OF the Sou,h, giving them information
OF bc conditions O Things heie the movements of our
army &c. This was one If such cases, and counsel
cOuiended That these men in fact prisoners Of
war, ana II the Court undertook 10 lDtenere WIN
them m0gislTste could interfere and order pl1s-
OneF taken The battle field 70 be brought before him.
The District, Attorney read from the opinion OF At
torney General Bates, who took he ground that when
the life of the nation IL threatened the President, as
civil magistrate the guardian OF the Constitution and
tle lave, had right 70 protest the Government by
NrNa lAF. al MT ftn- 0nf
Borden was rcier ed TO, in which il argued tnat
Judge fancy took position in favor Of the President
e2cr ring the power which is here claimed for hlm
Col Burke sid the DstrictAtorney took the poaitiJn
he was directed by bis snperiors
his Honor Judge Garrison, said bis dn'y was clear
Thess parties were entitled 10 the privileges Of tie
wit they demanded, aud il was bis duty to grant II.
lie mad inc gh, and IL was made his duy TO inquire
II there partiee were h,d b. any process OF any court
OF tie Unled S5atss.
The Di.,ri3t-Attoruey asked ii the struggle now
going on in Virginia was on Long lsaud wlether he
would interfere with The military officers of the Gov
crnmept in the ease OF prisoners Of war
Council for prisoners ii ought there analogy
tween the cases. He cOnteBded that this was not
line for argument he merits Of the ease. c ask
that tho writ be obeyed and when the prisoners were
in court they would endeavOr show the court that
they were not legally detained.
The Distdct Attorney aninadverted severely upon
those who cane " the MD Of rebels and traitors lie
iptinatcd that The Government would project llseh
Nom traitors NORM hDd SCUM ana t1al more TfShb
would be made, an, among others he hoped Senator
Breckinridse, who claimed 10 be good Union man
would be one. There were men here, anxious about
the extenals If the C9nst IioD, but they would see
us very heart destroy cd without word The Govern;
mtnt, ii M-. Smith tOutCnded, wodld protect bseli and
wouli, be intma,ed, DO by similar means here em
Iloyed.
Mr.. Wood denied that the prisoners were traitors.
He challenged proof Of the fact, and reminded The
Conrt thar the Gaze OF these men before the Grand
Jury OF Baltimore, aud 10 bill was found
After come consultation, NJ. Wood asked that an
attachment be Issued.
Mr. Smith minated that Il could not be served.
Judge Gurii1n said it wac BIZ duty TO exbanet his
powerl. II the power of the county and the State
were insufficient and difficulties should arise, be could
| not be held real on,ibe for it.
After come further remarks he Cont granted an
! attachment agairst Col Burke and under the 5lsi
section of The Statutes precept was granted direct
! log him 10 produce the prisoners IN Court.
i IL