The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-02
HEADQUARTERS OF THE Army

not appear officially in this case but ba under
800 maj tniitary oflcer was in attendance with
d return, copy of which would be laid before the
court The paper was presented, and read as fol-
| lows: ~ " IVA
HEADQUARTERS OF THE ARMY
| - WASHINGTON. Wednesday July "a 1861 I
20 8, STATE street, Ne1y Fork -
Send orders immediatay to the commanding ofcers NJ
foTs Hamilton and Lafayette, return to writ in case
OF Purcell McQuan that he begs leave decline obey
iuB L!ie Wrlt at inns time. WINFIELD SCoTT.
lieutenant depued by Lieutenant Colonel Burke of
Fort Hamilton to attend in his behalf presente the writ
| win TINS return endorsed thereon -
respectfully decline to make any return at present.
under authority Of Lieutenant General Winfield Scott
| MARTIN BURKE.
! ton and Lafayette " ~
Mr.. Edwards objected to the return and wished
! to know what was the authority given bv Gen.
! Scott. HNA " ""
The lieutenant then presented copy of the des
Patch from Gen. Scott directing the return to be
| made Some discussion then arose between the
! counsel and the Court as to the return
MIR. Stewart l.. Woodford, Assistant United
otaies District Attorney, said this return appears
20 De maze ny the military commandant in ob4di-
uehce 10 instructions from superior officers instruc-
tons which Colonel Burke as a good soldier could
not a'sooey. No dsrepect can be Imputed to him:
nor will this Court presume that the M Hilary
! DHs aciea mus Without reasons which have COM
! menaed themselves alike to the Judgment and pa
uio'lsn OF TIE superior officers which have taken
| thls step do not appear for the purpose of en-
ttilng into any argument upon this writ. The re-
turn Is made. 1t is now matter within the dis
cretlon OF the Court, to whose Judgment respect
iuy leave The entire subject
Judge Belts asked Mr.. Edwards if h intended n
ton of Gen. Scott Wv N's0'e
Dir. Edwards proceeded to argue that the prison-
err should be returned to the custody of the Tinted
States Marshal, in whose custody he was ar frst
and to be dealt with by the Court If nrisonars
were to be taken from the Commissioners in the
way thlS man had been, they would only make this
court and its commissioners servants of the milf
tary. A commissioner of this court had this man
arrested, and he should have been held and TIED in
the usual form. The prisoner (McQuillap) had a
rlght to ne present in court during the hearing of
the argument, and even DENY this charge by aft
davlt. The court would perceive that the return
ala not show any reason for OBTAINING this man in
custody, and he respectfully insisted thatit sbouId
IN order that he might have an opportunity to depv
the charges, if untrue
Mr.. Edwards submitted that the man was enti
tied to his discharge for the that it was not
stated In the return why he was held. His brother
was now in court, having Just returned from Gpht
ing the battles of the Union, and was not permit
TED to see him, and he (Mr. Edwards) would be
able to show that McQuilau himself had tried TO
enlist IN New York. he contended that the Court
should grant an order for his discharge and if that
order was not obeyed, the Judge should then con-
sider whether he would enforce it or not. lie
could also prove that his brother and himself are
British subjects, and for aught the Court could see
this man is innocent of whatever char,e can be-
brought against him. He (Mr. Z could not con-
ceive what as British subject, the prisoner couId
be tried for under martial law.
Judge Belts said that there was no occasion to
speculate upon that, as they did not go on that
ground The party could be tried, for instance, for
dctraudiug the quarter-master or for robbery He
did not see what remedy counsel had; virtually the
habeas corpus had been suspended.
Mr.. Edwards-l respectfully say that we are not
under martial law; but it your Honor thinks other
wise, have nothing more to saw.
Judge Betts-I am inclined 20 think So
MIR. Edwards continued to argue that the order
foF the detention OF this man, should have emanated
from theI President and not from General Scott,
ana referred TO the opinion of the Attorney Gene
raj, as to the powers of the President Counsel
stated that this prisoner had been cerk in Char.
lesion, and when ordered to militia duty Consulted
the British Consul, but obliged to serve in the
South Carolina militia He (Mr. Edwards did not
know but that after these remarks he himself might
be spirited away and detained at Fort Hamilton Tor
any length of time.
Judge Belts said this Court would not think of
opposing the military power; there was very
grave question involved, aud it was somewhat sim
liar to the in Baltimore which came before
Chief justice fancy. The question had not yet
been solved, but might be considered as a mooed
one He 1.-THE Jndge) should follow that case, BUT
would not give any opinion. II would be indacor-
Gus in him to oppose the opinion of Chief Justice
fancy, and he therefore would follow it and take
no action on the writ at all. The constitutional
law should be upheld and the Court would not cavI
with the manner in which that done. The
public mind might settle down to the conviction
to let the matter 60 it is, and not to throw open
the power of the writ of habeas corpus to be used
not give any opinion however. You have served
this writ upon the commander of the fort, and he
says, al am forbidden by my superior officer to de-
liver this mans" and then the superior officer de-
mes the power OF the writ as operative against
him. L shall not therefore, give any order to the
Marshal to execute it. You may enter on the
minutes that motion made to execute the
writ, but was denied.
STATE CONTRADICTIONS TO REMBURsED.-Au
act to indemnify the States for expenses incurred
bv them in defense of the United States.
BE 1t enacted BIZ the Senate and House of Repre-
semtatires of the United States of Anerica IN Con-
gress assembled That the Secretary the Treasury
be and he is hereby directed out of any money in
the Treasury not otherwise appropriated, to pay
to the Governor of any State, or to his duly au-
thorized agents. the costs, charges and expenses
sisting, clothing, supplying, arming, equipping,
paying, and transporting its troops employed in
aiding to suppress the present instruction against
the United States, to be settl.d upon propeT you-
cheers, to be filed and passed upon by the proper
accounting officers of the Treasury.
Approved July 27, 1861.
PoNrooN BRlpGEs-Lieutenant Gilm ore, U. s. A.
has just completed pontoon train. 1t is composed
OF iorty-two wagons, with spare wheels, sxles,
spokes, hubs, etc, two hundred and fifty. six bar
nesses, thirty six India rubber pontoons flats,
with all the timber, planking, cables, anchors,
forges etc, sufficient to torn bridge OF SIX nun
dred feet in length and thirteen ana nan IN
width. 1t can be thrown ready for the passage OF
trnops in 81 minutes II used as rats, brigade Oh
( OO0 men with e0uipagc, artillery, etc, can be
nassed over the Hudson the Mississippi In ten
bomrs H Harrisburg Patriot and Union.
Tpr NEW BLoCKApING SQuADRoN.-A Northerner
asts the buving Of several old vessels at a fair
suk leading them with stone ballast and sinking
ban on the inside of the bars OF the rivers to be
biocksded. Charleston, Savannah and New Or
leans {if the wrecks were sunk at the head OF the
passes) would require but a small blockadlpg
squadron.
SAFETY ON RAlLRoAps.-The annual report oil me
New Jersey Railroad Company, presented recen"y'
says:
Upwards of three millions of PASSENGERS nave
been transported safely since the last enume 1IonI
been csrrisd without loss of life limb in the cars
since our organization.