Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-05-23

o-day.n ......
TIE MIsTAkRs OF NIsHr The reader will
End In the Stars local columns TO- day fun ac-
count OF the eoafTsfsmps OF last night, arising
outof conflict Of the military and civil juris-
dictions In this District We hear that the act Of
Lieutenant Of the Provost Guard In forcibly
taking negro woman from the lawful custody
Of the Marshal Of the District Of Columbia, was
In pursuance Of orders from Military Governor
Wadsworth, to take her forcibly II his light
TO demand her was resisted by the civil auttori-
~. The Deputy Marshal, who, in the discharge
Of his official duties, can know official author
ity but that Of the Marshal, refused to give her
over into the hands Of the military, without an
order to that effect from his superior.
She was accordingly taken by force, and at the
same time Deputy Mauhal Phillips, the counsel,
Joseph III. Bradley, sr., (who, at his request, had
accompanied him TO the Jail on the occasion } and
Jsilor hilburn, were taken into custody by the
Provost Guard, and the deputy and j.ilor were
carried of to the central guardhouse; the Provost
Guards headquarters here, where they are now
held In confinement. The officer Of the guard
virtually took possession Of the jail, leaving a
sergeant and one or more men In military charge
Of IL, with orders 10 admit one and to permit no
one TO leave the building. In the meanwhile the
Marshal Of the District was apprised Of these &C.
currences, and proceeded to the jail, accompanied
by James M. Carlisle, Esq, his counsel sOn
making his Official position known he was ad-
United land also Mr.. Carlisle, at his requesD by
the military guard. On learning what had &C.
.curred, he instantly endeavored to See the Pres
ident Mr.. Carlisle being kept in the jail under
the military order forbidding the guard TO per-
NIT any one to pass ont Of the building for the
time being.
The Marshal found It impossible to see the
President, who was understood to be absent from
the Executive Mansion, engaged with the Secre-
tary OF War In the Transaction Of business Of so
great public importance, that he had some
hours before given directions involving declen.
sion TO zee any one on any business whatever last
night or to-day. The Marshal then repaired to
the Attorney General, with whom be consulted
freely ~ to bis path Of duty IN the premises
Subs quenty he returned to the Jail and arrested
the military guard by virtue of his civil athofity
disarmed them, and placed them under lock and
key J. NJ. Carlile, Esq acting as his posse
4<onitafHS, armed with the revolver and saber OF
the disarmed sergeant,
Thus the matter stands at noon to day-Depnty
Marshal Phillips and Tailor Milburn held as pris.
Oners by the provost guard in their prison, and
the provost guard lately on duty at the jail held
a. prisoners there by the United States MsrshaI
for the District Of Columbia!
The imbrogl lilo Is not TO be solved until the
President can Ind time to dispose OF 1t, which
may be twenty four hours yet. 10 those who,
like ourself, believing the temporary rule Of
military authority In our midst to he vitality ne
eessary to the preservation Of the Federal Capital
10 the United statesJ have steadily sustained the
policy Of the temporary superssdure of the civil
authority In exceptional cases (now that their Is
no pretsnce whatever OF continued danger at ibis
point from the rebellion OF the South J the act of
The military authority In this appears greatly
70 be deplored; because there seems 10 have been
no necessity whatever for II:
We hear that the Military Governors order to
take the woman from the lawful custody of the
u. 3. Marshal was predicated upon testimony
tmpugning the loyalty Of the claimant Iftrsti-
mOny inyslidatlng the right Of the latter to The
negro existed, the civil court for this Distflct
would doubtless have accorded to IL fts lawful
weight, and nought but pressing military ne
cessify OF The Government can justify The afro
Cation Of the civil law In such cases -.
When and where that necessity Is apparent we
VIII cheerfully sustain the military supremacy
for the time being. To sustain IL under other
circumstances, would be to endorse the phil.
osophy OF purely military despotism, such
- 49, "sch AoJoA W inc union must a0hOr. We
Know well that none Others are more tndisnosed
TO anything Of the sort than the present Govern
ment Of the United States, and can therefore
assure our readers that soon as the President
may be able to take up the case, the integrity of
the civil jurisdiction here, where Its supremacy
may not endanger the State, will be amply WIN.
dicated.
We doubt not the " mistakes of the nioh,,,
have been on both sides-on the civil as well a,
the military; and though frankly stating our BIZ.
nef that In assuming TO take prisoner held by
the Marshal, by military force, the Military Gov.
ernor Of the District has misspprehended the
scope Of the authority delegated to him by the
President, we have to say that when the case can
DC nfted, IL will probably appear that Goyerpo,
Oeneral Wadsworth's course was the result a,
some circumstances bearing on the case as vet un
known 10 as and the public Of the District.
We have great confidence In him, and knon
well that he does nothing ofacially which b.
does not regard As being his duty In common
with the rest Of humanity he Is falIible and .
mistake on his part In the exercise of authorit,
which the civil law may not dare to question,
course should be more jeslou,iy watched and
pointed out, than any such mistake on the Oar
OF one amenable to the written laws Of the land
III Our neighbor, w. q. Riehstein, 276 Penn
av..oa s.nh. an "A v.x,ca 49,. =