New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-15

One OF the insurfoctionary journals OF this
city laid down few dnys ago the programme
whereby the State and the General Govern
The plan is, or was, TO issue q writ Of habeas
corpus for some soldier, whether conscript or de-
serter, held under military authority, TO which
the return. of course. would be that the
psrson claimed was detained by the authority
Of tho laws OF the United States, and could
not therefore DO given up on rcquI'tion
emana.ing from n State Court. Tho aid Of
the Sheriff WAS then 10 bo invoked, and that
failing. the military Of the State was
10 be called out 10 enforce the writ.
and an armed collision WAS thus TO be
brought about between tho State and
the United States Whether. warned BY the
unmistakable decision Of tho Supreme Court
OF the United States in the Booth case, iortI-
fed aimee BY similar decisions based upon
that, in several State courts, this scheme IL
given up by tho conspirators us certain to be
stamped BY popular reprobatior, We. OF course,
do no, know. But that it 10 still hoped TO
bring about such a collision, through some sort
Of legal process, there can be no doubt.
Our readers will remember tho case Of the
Baltimore Police Commissioners who were ar.
rested and imprisoned about two years ago in
Fort Lafayette BY order of Government. 1t
was attempted 10 release them by writ Of
habeas corpus, issued by Judge Garrison Of
Kings County, to which Col. Burke mnde re-
turn, by order Of Gen. Scott, that "he deeply
regretted that pending the existing political
troubles no could not comply with the requisi-
ton Of the Honorable Judge" The Sheriff
said in his return that he had endeayored to
obtain entrance into Fort Hamilton, where Col.
Burke commanded, but as it was held BY
armed troops, he was unable 10 do 80, and
that he had no means OF power within his
control sufficient for the purpose Of arrest.
The Judge admitted that the answer was
sufficient, and there the matter dropped.
The Commissioners were subsequently, re.
leased, but their case was not abandoned by
their counsel, Mr.. John G. Van Loon, or
rather it was taken up again few weeks
ago, and q year and half after the imprisoned
persons were set at liberty, partly, perhaps,
with the intention of getting rid of faithful
public officer, Sheriff Campbell Of Kings
County, and partly to create the coveted &C.
cason Of placing the State authorities and the
General Government in antagonism through
legal process. Mr.. Van Loon in moving for
writ of attachment complains in his affidavit
that the Sheriff did not call ~ his aid the
power Of the County, nor call upon any Com.
mander of any portion Of the militia Of the
State to enforce tho writ. lie believes that
charges against tho Sheriff were forwarded to
Gov. Morgan, who, however, never acted
upon them, but it is acknowledged that
these charges are not now to DO found
in the Executive Department at Albany.
The deponent, therefore. as he says
waited till the expiration Of Gov. Morgans
term of Office, and then waited for nearly six
months longer because he, or somebody else,
had something else to do. These excuses for
delaying for nearly Two years to movo in the
mattor were accepted Is sufficient By judge