The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-02
HEADQUARTERS OF THE ARMY.
NJ AsHINGrnN. Wnln n.dn.. orI

a nd
STOOD that military oficer in attendance with
return, copy of which would be laid before the
court. The paper was presented, and read as fol-
lows:
HEADQUARTERS OF THE ARMY
WAsHINGToN. Wednesday July "a 1861 I
10 cGsoe5 ~ d. IomP%ins, Q"art:rmaser'S Department,
20 D, State street, Nelg Fork -
SEND orders lmmediatay to the commanding officers OF
Forts Hamilton and lafayette return to writ in case
1 f%ree He99an that he begs leave to decline obey
lieutenant deputed by Lieutenant Colonel Burke of
Fort Hamilton, attend behalf presented the writ
with this return endorsed thereon -
respectfully decline to make any return at present.
under authority OF LeutenantGeneral Winfield Scott.
Lieutenant Colonel Z. s. A., commanding Forts Hami
ton and Lafayette.
Mr. Edwards objected to the return and wished
to know what was the authority given by Gen,
Scott. y
The lieutenant then presented COPY of the des-
patGh from Ien. Scott directing the return to be
made. Some discussion then arose between the
counsel and the Court as to the return
Mr.. Stewart l.. Woodford, Assistant United
States District Attorney said this return appears
to be made by the military c0mmandaat in obadi-
uiehce 10 Instructions from superior officers ustruc-
tons which Colonel Burke as a good soldier could
not 9sooey No disrepect be imputed to him:
nor will this Court presume that iIitarv mower
mas fctea mus without reasons which have COM
mended themselves alike to the Judgment and ma
tiotishh OF TIE superior officers which have taken
TINS step. | do not appear for the purpose of en-
ter1ng into any argument upon this writ. The re-
TURN Is made. 1t Is now alter within the dis
erection of the Court, to whose Judgment | respect
fully leave the entire subject
Judge Belts asked Mr.. Edwards if h intended IN
concede that the prisoner is held under the discre-
ton of Gen. Scott.
Dir Edwards proceeded to argue that the prison.
er should be returned to the custody of tho Tn;ted
States Marshal in whose custody he was at fTst
and to be dealt with by the Court If prisoners
were to be taken from the Commissioners in the
way TINS man had been, they would only make this
court and It's commissioners servants of the mill.
tary. commissioner of this court had this man
arrested, and he should have been held and tried in
the usual form. The prisoner (McQuilIan) had a
right to be present in court during the hearing of
the argument, and even DENY this charge by aft
davit. The court would perceive that the return
did not show any reason for OBTAINING this man in
custody, aud he respectfully insisted thati should,
the charges, if untrue.
Mr.. Edwards submitted that the man was enti
tied to his discharge for the reason that it was NOT
stated In the return why he was held His brother
was now in court having Just returned from fipht-
ing the battles of the Union, and was not permit
ted to see him, and he (Mr Edwards) would be
able to show that McQuiIlau 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-
slider whether be would enforce it or not. He
could also prove that his brother and himself are
British subjects and for anght the Court could see
this man Is innocent of whatever char5e can be
brought against him. He (Mr. L could not con-
ceive what. as British subject the prisoner could
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
deiraudlng the quarter-master or for robbery. He
ala not see what remedy counsel had; virtually the
nabeas corpus had been suspended
Mr.. Edwards respectfully say that we are NOT
under martial law; but if your Honor thinks other
wise, have nothing more to say.
Judge Betts-I am inclined 20 think So
Mr.. Edwards continued to argue that The ordar
tor the detention of this man, should have emanated
from theI President, and not from General Scott
and 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 dutg consulted
the British Consul, but was obliged to 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 a very
grave question evolved, and it was somewhat sim
liar to the case in Baltimore which came before
Chief Justice fancy. The question had not vet
been solved but might be considered as a mooied
one. He (the judge should follow that case, but
would not give any opinion. 1t would be iudrcor-
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 constitu tional
law should be upheld and the Court would not caviI
with the manner in which that done. The
public mind might settle down to the conviction
to let the matter go IS 1t is and not to throw open
the power of the writ Of hGbeas corpus to be used
by every one whilst this is progressing | do
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 man, and then the superior officer de-
MES the power of the writ as operative against
him. | shall not, therefore, give any order to the
Marshal to execute it. Y GU may enter on the
minutes that motion was made to execute the
writ, but was denied.
STATE CONTRIBUTIONS 70 BE REmBURsED.-Au
act to indemnify the States tor expenses incurred
bv them in defense of the United States.
Be 1t enacted bY the Senate and House Of Repre-
sentatiues of the United States of America az Con-
qress assembled That the Secretary of 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
thorzed agents, the costs, charges and expenses
properly Incurred BY such State for enrolling sub
ssting, clothing, supplying, arming, equipping,
paying, and transporting its troops employed in
aiding suppress the present instruction against
the United States, to be SETTLED upon proper YOU
cheers, to be filed and passed upon by the proper
accounting officers of the Treasury.
Approved July u, 1861.
PoNrooN BRlDGEs.- Lieutenant Gilm ore, U. s. A.,
has just completed pOntoOn train. 1t is composed
of forty-two wagons, with spare wheels, sxles,
spokes, hubs etc, two hundred and ffty-sx har-
nesses, thirty six India rubber pontoOns or flats,
with all the timber, plankng, cables, anchors
torges, ETC., sufficient to form bridge OF Elk nun
bred feet in length and thirteen ana nan IN
width. 1t can be thrown ready for the passage OF
troops in 81 minutes. Ii used as raIls' VI saue w
900 men, with equipsge, artillery, etc, can De
ns.ssd over the Hudson the Mississippi in ten
| hours Harrisburg Patriot and O"ton.
| Tyr NEW BLoCKADING SquADRoN.-A Northerner
sr%ests the buving Of several old vessels, at fair
,r Ei loading them with stone ballast and sinking
them on the inside of the bars of the rivers to be
| hIockaded. Charleston, Savannah and New Or
leans (if the wrecks were sunk at the head OF the
passes) would require but small blockadpg
squadron.
SAFETY on RAILRoADs-The annual report of the
New Jersey Railroad Company, presented recently
says:
Upwards of three millions of passengers nave
been transported safely since the last enumeration,
making more than thrty-sx millions VINO NAYS
been carried without loss of life or limb in the
] since our organization.