The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-10
THE BALTIMORE POLICE COMMISSIONERS.
WRIT OF HABEAs CORPUs--THE PRISONERS NOT PR0-
KINGS COUNTY COURT, BROOKLYN.

Before Judge Garrison.
On the 9th instant Judge Garrison issued writ of
beas corpus for the production of the bodies of the Ba
more Police Commissioners, now imprisoned at Fort La
rayette, whittier they had been removed from Fort
McIlenry The circumstances under which they
rested charge Of familiar the readers
Of the HERALD.
The petition sets forth that Charles Howard, VIM. H.
Gatche John G. Davis and d. d. Kinks, are imprisoned
at Fort Lafayette in this county, without due process Of
law that they suspected Of misprison Of
treason and that such Imprisonment Illegal they hay
ing been taken and held in custody by virtue of military
authority and without due process Of law legal
rant therefor and that they prisoners of and
not enlisted in the army Of the United States in the
army Of the so called Confederate States"
On this petition Judge Garrison issued writ Of habcas
corpus, returnable yesterday morning. The writ
directed Colonel Martin Burke United States
District Attorney Woodward for the government, and
Messrs A. G. Woodward and Van Horn the prisoners,
appeared before Judge Garrison yesterday morning
Lieutenant Colonel Lay represented Colonel Burke. The
bodies Of the prisoners, however, produced,
but instead the following the writ made by
Colonel Burke
deeply regret pending the existing political toublcsI
cannot comply with the requisiton Of the honorable
Judge. BY authority OF General Scott.
MARTIN BURKE,
Colonel Commanding Fort lafayette.
Mr.. Wood insisted that the prisoners should be pro-
duced In court unless it could be shown that they
sick render it dangerous them Coonsl
Buskes did not comply with the statute, which
demands that the authority by which the prisoners
detained should be stated. He asked therefore, for
attachment against Colonel Burke.
Mr. Woodward held that the first Of military duties
obedience superiors. In obedience General Scot'
Colonel Burke held the prisoners, and made such retyn
in to the writ the General had directed him.
Mr. Woodward produced Geographic despatch from Ge-
neral Scott directing Colonel Burke to make the above
return.
Mr. Wood said II such a view held good the power VI
habeas corpus gone. IF the Return to be al
k,wed aud the responsibility thrown Gen. Scott the
Court would be poweress because Gen Scott beyond
its jurisdiction. Col Burke citizen II the State
bound TO obey the laws of the State, although he
soldier He had not, and therefore attachment was
asked for against him.
Judge Garrison said that though he had not single,
sympathy with The prisoners, yet Ire mut say the seern
not in accordance with the statute. He was with
and for his country, and would make any SACRIFICES to-
maintain its integrity but tho law overshsd0ws all men,
and he was here 10 administer II. The writ of habcas
uTWs had not been suspended In this State and all men
entitled TO its benefits. Tho return might be Aase
confrmabe to the statute without violation Of tho
directions Of General Scott The ntter would then
up IN the shape counsa desired ~ have it,.
Nr. Wood would moi hold any return sufficient If the
prisoners produced in court II his Honor
10 be convinced that they should be discharged he sOrh
fore HIM.
The case was then postponed to Monday next
O'Clock, to give counsel opportunity " consult with,
the authorities.