The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1863-08-20
Colonel Burke VS.. the Stat Of
New York.

NCt HOIhs
The Police Commissioners Of Baltimore
were arrested and imprisoned in Fort
Lafayette, some two years since, by order
OF the administration. Judge Garrison, II
Kings county, issued in their behalf a
writ of haebas corpus, to which Col. Burke.
commanding in the harbor and stationed
at Fort Hamilton, returned, by order OF
Gen. Scott; that he deeply regretted that
pending the existing political troubles he
could not comply with the requisition of
the Honorable Judge" The Sheriff re-
turned that he had been unable to obtain
entrance into Fort Hamilton, where Col.
Burke commanded The Commissioners
were released after an Imprisonment of
about six months On the eth of July
last. Judge Garrison, at the instance of
Mr. Van Loon. counsel for the Commss-
toner's, Issued a writ of attachment against
Col Burke. The Sheriff made return as
follows:
Il return to the within writ of attach
ment that | am unable to arrest the within
named Col. Martin Burke, as within com
manded, the said Col Burke being com
mandant Of Fort Lafayette and Fort Ham
ilton. have endeavored to obtain en-
trance and access to Fort Hamilton
which is held and garrisoned by armed
troops Of the United States, we'll armed
and provisioned, and cannot. be taken OF
an entrance effected without the aid of q
large force of troops with artillery. | fur
Their return that | have been formally no
tilted by the officer Of the day in command
at Fort Hamilton that they were prepared
to resist any attack upon the fort or any
stterpt npon my part to arrest the body
of Col. Burke within named who is com
mandant of the fort. And | further re.
turn that the whole militia force of King,
county Except the 9Uth r., - :
now in the service of the United States il
the State of Pennsylvania, and out Of the
county Of Kings; and that the said 9vtE
Regiment, az | am informed by Col. Crop.
sew, in command Of the same is now un
der marching orders, and not subject tC
my control, and ] have no force or arms
within or under my control sufficient toi
the purpose Of executing the within
writ"
| Judge Garrison and Mr.. Van Loon pre-
ferred charges in due from against the
, Sheriff asking his removal, because he
neither called upon the posse comitatu,
nor the military IL ASST him in executing
the writ, nor called upon tie Governor iol
aid, as required to do by the statute
when unable to enforce legal process
Governor Seymour summoned me Sheriff
to answer the charges within eight uays
the term expiring on the 10th instant
case The removal of the Sheriff will ne
cessitate the appointment OF successor
who will exhaust all lawful means in the
attempt to serve process upon Col. Burke
The New York IrtGuRe sagely concludes
that it may lead to very grave consequent
ces We should not be surprised II il
did 1t gees in this collision between
the State and Federal governments We
can only see in it a disposition upon the
part of Governor Seymour to keep un-
broken the oath which he has taken t,
enforce the laws
If the authorities at Washington regard
oaths az lightly as Philip Of Macedon dld
when he said they were but wind, Tower
nor Seymour is under no obligation to FOL
low their example. The revolution the
Tribune deprecates has already commen
ced; and it is only for Governor Seymour
to say whether he will tamely submit to 4
defiance of law or will attempt Its exc
cution. Revolution was inauguratet
when Col. Burke told the State of New
York he de6ed it's Sheriffs and despisee
the authority of its courts. Had judge
Garrison authority to issue the writ, anC
was Martin Burke under obligation t.
obey it? That is the question to be dc
cided Does the fact that man holds
commission in the army absolve him from
obedience to law. Let US drop titles while
We state the case. Burke was ordered b.