The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-05-24

Serious Military Riot i'm washington
In another column we publish telegraphic
despatch from which it will be seen that, under
the leadership of General Wadsworth, dis
graceful military riot-eyen to the breaking OF
jail and the rescue of prisoner-has taken
place in the city of Washington, the capital o.
the nation. In the very presence of the assem-
bled Congress the majesty of the law has been
insulted and the dignity of the republic set at
naught by orders of General Wadsworth, who,
because he wears epaulets, imagines he may
play the despot and do what he pleases with
impupity.
The facts Of the case are briefly these:-A
negro woman had been arrested as fugitive
slave in Washington on Thursday, by due pro-
cess of law, and confined in Jail to abide the
result. This woman, it seems, was one Of seve-
raj fugitives who had followed the Seventy
sixth New York regiment from Prince Georges
county, Maryland, and belonged to loyal own
ers, who were present to identify them. At the
time Of the arrest by the deputy mar
shals riot took place, in consequence
Of the interference of some members Of
this regiment, and which ought to have been
prevented by the colonel and other officers
The deputy marshals, however. succeeded in
securing two of the fugitiyes-one OF them
being woman-and conveyed them to prison.
On the same evening messenger presented
himself at the Jail, bearing an order from Gene
raj Wadsworth, Military Governor, for the sur
render of the woman. The jailor declined to
obey, in the absence Of the Marshal, and soon
lieutenant came with military guard, arrest
ing the jailor, the Deputy Marshal, Mr.. Phillips,
and Mr.. Bradley, the counsel of the Marshal,
who was present, giving legal advice. The keys
of the jail were taken forcible possession Of the
negro woman was carried away, and m ilitary
guard placed over the prison. When Marshal
Lamon arrived and found the prison in mill
tary occupation, he applied to the Supei1hten-
dent of Police, who sent force to the Jail
which disarmed the sentries one by one, and
placed them in custody, whereupon the Marshal
took possession of the prison. Mr.. Bradley,
who was still there, was released; but the jailor
and deputy iailor had been taken to the guard
house, and the military refused to release them
upon the demand Of the Marshal. Thus the case
stands-the civil officers are in the custody of
the Military Governor, General Wadsworth,
and the military, who acted under his orders,
are in the custody of Marshal Lamon, the high
est civil officer in the District Of Columbia. The
merits Of the case will soon be tested; for it is
understood that General Wadsworth will be
arrested for forcibly rescuing prisoner out of
the hands Of the civil authorities.
It is very clear that Wadsworth is completely
in til e wrong, and he would have been far bet
ter employed in helping General Mcclellan
to whip the enemy at Richmond, instead of
creating riots in Washington and helping to de-
fraud the loyal citizens of Maryland Of their
property. It is an axiom Of our laws, and
indeed of the laws of all free countries, that
the civil power is supreme over the military,
unless where martial law is proclaimed by the
chief magistrate Even if martial law did ex-
ist at the time in the District Of Columbia, the
act of General Wadsworth would have been
rotous proceeding, highhanded outrage;
for martial law only suspends the civil law so
far as is necessary to the safety Of the army and
the success Of military operations, and can only
be employed for the arrest Of dangerous and
suspicious persons within the lines Of the
army. There are no military operations going
on at Washington, and the acts perpetrated by
order Of General Wadsworth might have been
done with the same legality in the city Of New
York.
The ownership of the negro is purely ques-
ton of the civil law, and to be decided by the
civil courts. It's question Of property, with
which General Wadsworth has nothing to do;
and he might as lawfully send troops to take
watch out of a mans pocket in the city Of
Washington, or send them into Maryland to
take piano out of any citizens parlor. In
fact, if he is justified in this unprecedented act,
he may with impunity go into the Capitol to-
day and shoot down any member Of Congress,
put guard over the rest, or dsperse the whole
body, or he may enter into the White House by
force and cut the Presidents throat. Unlike
European countries, martial law in the
United States is limited and restricted
by the constitution, and so far from sus-
pending it, is part of that instrument
Even o citizen arrested under martial law
cannot be tried under it, The constitution
provides that he must be tried by the civil law
Only those in the naval or military service, or
persons arrested as spies of the enemy within
military lines, can be tried by courts martial.
But in the present case martial law was not
in operation, and therefore there is not even
the color of an excuse for the wanton despot-
ism practised by General Wadsworth. He is
a fragrant vioator of the constitution and the
laws, and an example ought to be made Of him.
We trust he will be Immediately removed by
the President, and that his prompt dismissal
from the army will be warning to all
other would-be despots, who, like Fremont,
dare to tell us there is now no constitu-
ton. If there be not constitution, by what
right does the President hold his Office or Con-
gress pass laws binding on the States, or the
,oca he hold thar cov, N,