THE PRESS,
mLIBHXD DAILY (BBNBATB BXOBPTXDI,
» BT JOHB W. FORIfBT.
4FTICI. No. 1U SOOTH FODETH BTEIBT.
u WII* DAILY PHKSS,
'' turwkt Qini Pex Worn, payable to the wriu j
tUIM to Bxbatrlbon out of the City at Sets* Doliax*
rn Anron; Thxee Doirasa- m Fifty Gents pox Six
Month*: On Dou&ix and Seventi-mve Carre pox
Vaxixllbxtai. Urarlably la adyaooe forth* Uaeor
4#nA*
JtV-XiyertlMaenU inserted at the tuoal ratee. Hx
tUee eonatltot# a ianara
VBK TBI WKBKtY PRESS,
Hailed to Bnbeertbera oat of the City at Fora DoiAAxa
n* ijrxra, lx adyaxee.
RETAIL DRY GOODS.
OPEN.
. EICH AND EKLIABLB
furs
Of oar otto Importation and Uanofootnre.
HUDSON’S BAT SABLE,
ROYAL ERMINE, .
DARK SABLE MINK, *
REAL CHINCHILLA,
DARK SIBERIAN SQUIRREL, ■
Cii every fashionable style, for 1
LAB IBS, •
MSSES - AND
V CHILDREN.
FURS MADE TO ORDER
AT THE
VAItiS JHANTIIiLA, CLOAK,
AND
FUR EMPORIUM,
• 930 CHESTNUT BTBBET.
J. W. PROCTOR & 00.
1106-frmwlm .
ROOFER & GONARD,
NINTH AND MARKET.
CLOTHS.
FROSTED BEATERS.
-FINE CASBIMERES.
BLANKETS.
BROOHE SHAWLS.
ROTS’ FINE CLOTHING.
‘OPENING,
>BlB
AT THB
ARCH-STREET CLOAK STORE.
. A HANDSOME ASSORTMENT ON
LADIES’ AND MISSES’ .CLOAKS.
nos-tf , / ■ . ■ ■ . ;v
gKIRTS! SKIRTS I SKIRTS!
M. A. JONES’
-OBLBBKATSD
NE PLUS XJLTBA SKIRT
Out OBlTb* fooai at
Ho. 17 NORTH EIGHTH STREET,
PSXLAPBITHTA*
OVER THE WAX FIGURE.
■B* Ifou g»nnlM snlwa riampad
»r. A. .JORSB'
ins plus rani skis?.
IT X. BIOHTH STKHST.
MU-MU
JOHN F. YOUNG,
No. 70 NORTH FOURTH STREET,
WILL OFFER, FOR THE BALANCE OF THE SEASON,
AT REDUCED PRICES.
THK FOLLOWING DRESS GOODS
MERINOS,
POPLINS,
REPS,
T?DWIN' HALL & 00., NO. 26-SOUTH
SECOND Street, would call attention to thelrstook
$r for Ladies 1 Cloaks. ?
Superior quality Frosted Beaver Cloths, $3 a yard.
Velvet Beaver Clothe, all-'wool, fine. *
Tncot Beaver Cloths.
Tine Plain Beaver Cloths.
Blhfced Beaver Cloths,
Chinchilla Cloths.
BV B.—Cloake for sale, made out of the above Cloths.
.Cloaks made to order.
Superior quality 4-4'Silk Velvets, at $l5 and $16.69
Der yard* del-tf
Harris • CASsmEBm
Fine quality, double weight, fancy Casslmeres, In
neat patternsgfor business suits, of Harris' well-known
Sake.
Silk-mixed Casslmeres, extra heavy.
, Super extra fine-Blaok Cassimeres.
6-4 heavy fancy Coatings.
Fitchburg dari -cadet Gaseimeres.
Harriß , * c Weat Point Cadet” Caaaimeres.
Blue Cloths and Beavers. • • •
CLOAKINGS.
Johanny's frosted Bearers.
Chinchillas, light and dark.
Super quality black>ribbfld Beavers.
UP-STAIRS DEPARTMENT.
In CLOAK ROOM, fine ‘ Cloaks, of fashionable ma
terial. Cloaks made to order. Select the Cloths down
■tairs.
BOYS* CLOTHING ROOM, well stocked with fine
■nits, overcoats, &c. 'Boys’ and Men’s Clothing made
toorier. COOPER * CONARO,
8027-tf -S. E. cor. BIHTH & MARKET.
JAS. DENNY, S E. COB. ELEVENTH
“ and LOUBABD, lias on band and offers tor sale, at
low
“BLACK SILKS. BLACK SILKS.
26, 27, 28, 34 In- BLAOK SILKS,, at $1 37,,51 60, $162,
9175, and $2. ; These are from tie lecent Auction Sales,
and were imported-when gold was a great deal lower
than it is at present. - •
DRESS GOODS.
One lot all-wool Reps, choice 5hade5,......,........5100
One lot Plaid Reps* new style. 75
Svenr shade and quality of French tferlnoes, cheap.
One lot 10*4 English Cobnrgs, every 5hade........... 125
Valencias; from S7K PPto 62>f. „
SHAWLS. SHAWLS
All wool Long Shawls, at $6 50. $7.25, $8.25. $lO, $10.50.
One lot all-wool 10-4 Blankets*. * •$£ ®
One lot all wool 11*4 Blankets.... -8 50
One case all-wool 11-4 Blankets, very heavy -.10 CO
One case all-wool 12-4 Blankets, slightly damaged. 12 CO
One case all-wool 12 4 Blankets, extra heavy. 13 GO
One case all-wool 12.4-Blankets, fine and heavy-.. 15 00
Also, one lot all-wool JGray Blankets, weighing nine
Sounds. $5 fiO. These are very cheap Domestics, cheaper
lan they can he bought wholesale. Dresß uooaij w
every description low. *A full line of Cassimeres, for
©enfs. * and-Boya’-wear, at JA6IBB DENNY’S.
del-61* S- E. cor. ELEVENTH and LOMBARD.
TOHN' !•’. VYQJJNG,
U No. TO North FOURTH, Street,
'Will oseo tiiladay.-l case Figured Mohairs;; I case
Cobnrgs. at greatly reduced prices. -
Also, 40 pairs sapor all-wool Blaniela at $7.50. Ha
mrvassaf in V‘is rntJl'ket. dßi-iat
H STEEL -SON WOULD CALL
• attention to their Stock of FINE DRESS GOODS,
all bought at very low prices, early in the season, and at
the recent Atiction Sales: m '
French'Merinoea,“-75c to 52. 80.
French Poplins and Bops. B?Kc to $l l5.
! Dress-Goods of every,variety. 20p to $2.
8,000 yards two-yam wide Mtidrapes, SI. 25.
I Blanket Shawls, a greatvarlety of styles, *1.25 to *l3.
Brocho Shawls, great bargains, *9.50 to So4._
Circulars and Streams, of all kinds of Cloths, at low
brlces. '
/ Fancy Silks,*sl to *5.
Plain Foil de Boies,'-®1.25 to #2 50. mn ■.
Moire Antiques and Corded Silks, #3. SO to *5.
“ ;Noe. Tl 3 and 715 North TENTH St.
1 Lot All-wool Shaker Flannels, 62M0, worth 80c. no 25
loaft CHESTNUT ST BEET.
- E. M. NEEDLES
IS tEOßiraa DAII.T
AI.Y. DBSISABLE HOVBLTIBS
LATEST IMPORTATIONS,
Ift LA&2&
< 4MBEOIMRIBB.
„ -
HfcSTDXBBCSIBFS,
lOa* CHESTNUT BTHBET.
CORNER OP EIGHTH AND SPRING
V CfABDBSI
BEAUTIFUL AND SEASONABLE GOODS!
PBICES MUCH LOWES THAN ELBEWHEKE!
Wo are Belling heßt quality of French Poplins, all Sills
and W001.'f0r.51.8315 per yard. . Sold down-town not
■lest than *2. THORNLEY & CHISM.
A LE-WOOL POPLINS AND REPS,
*3L f or sl.
Excellent French Merlnoes for $1.25.
■ A fine stock of Delaines and Calicoes.
All-Wool Plaid Cashmeres in great variety.
THORNLEY & CHISM,
Corner of EIGHTH and SPRING GARDEN.
THORNLEY & CHISM
A . ' ARE SELLING
Power-Loom.Table Linens,
Shaker and ocher Flannels, _
Extra Saner-super Rochdale Blankets,
f frosted Beaver and other Cloths, Oaasimeres, &c. ,&c,
< r VERY CHEAP, f
EADQUARTERS FOR SHAWLS!
- Long and Square Broche Shawls, •
Long and Square Blanket Shawls,
Plaid Bhawia, Striped Shawls, Plain Shawls, &c.,
Children’s Shawls, Misses’ Shawlß, Cents' Shawls,
Long and /iquare Black Thibet Shawls,
At THORNLEY & CHISM’S,
S. E. Corner of EIGHTH and SPRING GARDEN.
SILKS 1 SILKS!
~ Good Black Silks for $1
Better for *1.25, HISO. $1.75, $3. anil #2 25 per yard.
Plain Brown, Blue. Puuple. and Green Silks, for $1.50.
Black figured Silks. Plaid Bilks, Ac , Ac.
BEAUTIFUL BHOCHE SCARFS.
A LARGE STOCK OF BALMORAL SKIRTS,
Ahd all other h icds of Goode, comprising
, A FIRST-CLASS STOCK.
At THORNLEY & CHISM’S,
noZl-Zm N.E.Cot.EIGHTH and SPRING GARDEN.
WINTER SILKS.
: A Lot of Fancy Silks,
, Autumn and Winter stylos.
. _ At very low prices
BROTHERS,
CHESTNUT and.EIGHTH Streets.
awls foe friends.
A Lotof Seal-skin Shawls,
Somewhat Imperfect.
At very low prices.
BHARPLBSS BROTHERS.
CHBSTBTDT and EIGHTH Strata.
SPECIAL NOTICE—
KARTELL'S ALL-GLASS FRUIT JARS.
*EW CAPSULE FRUIT JABS.
AMERICAN AND FRENCH GLASS SHADES.
BEAUTIFUL FBEHBRIBB.
KARTELL k LETOHWORTH,
SDS-HA3I Vo. 13 Nortk FIFTH EteMt,
LADIES’ CLOAKS.
“ALPACAS,
CO BURGS,
DELAINES. delia
WHITE GOODS,
VEILS. *«.. k*
VOL. 7-NO. 107.
lA€E CURTAILS.
J^OYEBTIES
C H E TATA S."
I. E. WALRAYEN,
SDCCBSSOE TO W.-H. CABRTL.
MASONIC HALL,
JEWELRY, PLATED WARE, &c.
■J’WENTY-FIVE PER CENT.
SAVED BY PURCHASING TOUR
WATCHES, JEWELRY,
BUYER-PLATED WARE,
D. W. GLARE’S,
00» CHESTHOT BTBEET,
Where may he found a fine of the following
Hoods. at-Twenty-Ayo per cent, less than at any other
establishment:
Gold Watches.
Silver Watches,
Plated Watches.
American Watches,
English. Watches.
Swiss Watches*
Bracelets*
Setts.
Fins. ■
Ear Rings,
Finger Bings*
/ Sleeve Buttons,
Stads,
Medallions,
Neck Chains.
Guard Chains.
Chataline Chains,
Test Chains*
Pencils, •
Thimbles.
Fens and Cases*
Tooth Picks,
Gents' Bosom Pins*
Cents' Scarf Pins*
Gents I Scarf Rinse*
Armlets,
Charms.
WatchKeTSa
Watch Hooks,
Watch Bars,
&0., &o.
SILVER-PLATED WARE.
Tea Bette,
Wine Castors,
Dinner Castors,
Breakfast Castors*
Cake Baskets*
Card Baskets*
Butter Coolers,
Sugar Bowls,'
Salt Stands,
Call Bells,
Goblete,
Caps,
Spoon Holders,
Napkin Rings, .
Syrup Pitchers, ,
Cream Pitchers,
Table and Dessert Spoons*
Tea. and Balt Bpoons,
Dinner and Tea Fork*,
Fish and PitfKniveijU
Tea and Dinner Kntros,
Oyster and Soup Ladles,
Children's Knife and Fork,'
Butter Knives,
Sc., &c.
One ea.ll will convince the most incredulous that the
cheapest place in the city to buy Watches, Jewelry, and
Silver-Plated Ware, i. at „ w CLARK’S.
60* CHESTNUT Street.
N. B.—Fine Watches and Jewelry carefully repaired
by the most experienced workmen and warranted.
nolfl-tdeSl '*•-
CIOTHING.
008O 0B
O VEH C O ATS.
+ ■ -
WIXAIAKKR & BROWN,
OAK HALL,
S. E. COE. SIXTH AND MARKET STREETS.
jjJDWABD P. KELLY,
JOHN KELLV,
TAILORS,
lt» SOUTH THIRD BTES3T.
mtAh THB SXOHANOI,
FORMERLY CHESTNUT.ABOVE SEVENTH,
Bat. now In .tor. a LARGE STrfCE and .amulet* U
■ortment of
FALL AND WINTER GOODS.
TERMS CASH. —Price* much lower than acv other
lnt-cla» establishment. ' ,o«18-tf
QIiAOK CASS. PANTS, $5.50,
JO At 704 MARKET Street
SLACK GASS. PANTS, *5.50, At 704 MARKET Street
SLACK CASS. PANTS, *5.50, At 704 MARKET Street
SLACK CASK PANTS. *5.50, At 704 MARKET Street
3LAOK GASS. PANTS, *5.59, At 704 MARKET Street
GBISG A VAR GUNTER'S, Ro. 704 MABKET Street.
GRIGS A VAR GUNTER’S, Ro. 704 MARKET Street
GBIGG & VAR GUNTER’S, Ro. 704 MARKET Street
GRIGS A VAR GUNTER'S, Ro. 704 MABKET Street
GBIGG A VAR GUNTER'S. Ro, 704 MARKET Street
ie24-0m -
GENT'S FURNISHING GOODS.
E M 0 Y A L.
LUSTFOIRID LTTiSIEISrS
HAS REMOVED
FROM
No. 31 SOUTH SIXTH STREET,
TO
JL W. COBSEIt SIXTH AM) CHESTNUT,
■ Where he now offers a
LARGE AND ELEGANT STOCK
GENTS’ FURNISHING GOODS,
Embracing All the latest noreltlei.
PRICES MODERATE.
The attention of the public l> reapeotfnllr «0-
llelted.
BHIETB MADE TO ORDER. Cc2B-Sm
fJENTLEMEN’S FURNISHING
V GOODS.
McINTIRE & BROTHER,
Vo. 1035 OHBSTMUT STBBBT.
AN ENTIBILT NEW STOCK.
SUPERIOR UNDERCLOTHING, HO
SIERY, HDKFS, CRAVATS, *c.
B - Stocks and Napoleon Ties made to order.
W-An elegant assortment of Kid Gloves. '
Gentlemen’s Dressing Gowns In great.TUtety.
«“The “ MODEL SHIRT ’’ always on hand and
made to order. V/ osM'Sm
JOHN O. ARRISON,
NOS. 1 AND 3 N. SIXTH STREET,
HAS HOW IN STORE
A PINE ASSORTMENT OP
GENTLEMEN’S FURNISHING GOODS
FOR .
FALL AND WINTER WEAK.
Also, Manufactures from the Best Material and In a
Superior Manner by HAND:
Fine SHIRTS and COLLARS.
Shaker Flannel SHIRTS and DRAWEES.
Heavy Red-twilled Flannel SHIRTS and DRAWEES/*
English Canton Flannel SHIRTS and DRAWERS.
Buckskin SHIRTS and DRAWERS.
Cloth TRAVELLING SHIRTS.
WRAPPERS, STOCKS, TIBS, Ac.
And sold at the most moderate prices. c«7-6m
WINE SHIRT MANUFACTORY.
A she ahhecrlher would Invite attention to his
. . IMPROVED CUT OF SHIRTS,
Whisk he makes a specialty In his bnsineae. Also, con
stantly receiving
NOVELTIES FOR GENTLEMEN'S WEAK.
J. W. SCOTT,
■’ GENTLEMEN’S FURNISHING STORE.
Vo. 814 CHESTNUT STREET,
JaSS-tf Four doors below the Continental.
MIIfcIKERT GOODS.
FRENCH FLOWERS, 1863.
FEATHERS, LACES, RIBBONS, &
NEW -STYLE HATS;
■ JUST OPENED AT
THOS. KENNEDY A BBO.’S,
Mo. MB CHESTNUT Street, below Eighth.
•*IS-3m
Tl 9 CHESTNOT Street.
FRIDAY, DECEMBER 4, 1863.
OPINION OF HON. JOHN M. READ,
OF THB SUPREME COURT OF PENNSYLVANIA)
In Favor of tlie Constitutionality of tire
Act of Congress of Marcll 3, 18G3, “For
Enrolling and Calling Out tile National
Forces and for Other Purposes," Delivered
at Pittsburg ou Monday, Nov. 9, 1863.
Three bills in equity were filed in the Supreme
Court for tho Eastern diatriot, by three individuals,
against the officers of the Enrolling Board of the Third
CongreEßicm&l district, praying for injunctions to re
strain the defendants from further proceeding with or
under such enrolment* requisition* and draft, under
the act of 3d March, 1863, and particularly from, all ■
proceedings against the said plaintiffs. The ground
alleged for these Applications was the unoonatitu
tionalityof this act of Codgresß. A motion for a
special injunction was made in each case at Nisi
Prius* before Mr. Justice Woodward, who requested
his brethren, to sit with him at the hearing. The
cases were argued before a full bench, at Philadel
phia, on Wednesday, the 23<1 of September last, by,
Messrs. George M. Wharton and Charles Ingersoll
for the plaintifft, no counsel appearing on behalf of
the defendants. There being a disagreement in the
Court, each judge delivered a separate opinion at
Pittsburg, on Monday, the 9th of November. Chief
Justice Lowrie and Justices Woodward and Thomp
son were in favor of granting the injunctions, upon
the ground that the act was unconstitutional, wkilst
Justices Strong and Bead were against granting the
injunctions, and were of opinion that the act of Con
gress was constitutional.
The injunctions granted were only preliminary,
and were limited to the CAtes of the three plaintiff's
in these bills.
The following is the opinion of Judge Bead
' OPINION.
The power of the Government of. the United
States extends over all the States and Territories of
the Union, ir has no rival in the State Govern*
meats, whose power is Btriotly confined to their own
territorial limits. It is ' the only representative of
the people recognlzedby foreign nations, in their
various relations with us, in time of war and peace..
All the powers, therefore, vested in the National -Go*
vernmcDt, are necessarily supreme and paramount,
and cannot be rightfully disobeyed by her citizens.
The General Government has the sole and exclu
sive power of declaring war and making peace, of
raising and supporting armies, of providing and
maintaining a navy, of laying and collecting taxes,
duties, imposts, and excises, to pay the debts, ana
provide for the common defence and general welfare
of the United States, and of borrowing money on
the credit of the United States. The avowed ob
ject of these and other powers, vested in the Gene
ral Government, was to form a more perfect Union,
establish justice, insure domestic tranquility , provide
Tor the common defence, promote the general wel
fare, and secure the blessings of liberty to the people
of the United States and their posterity. It was
therefore solemnly declared,'and made a funda
mental article of the National. Constitution, that
the Constitution, and the laws or the United States
which shall be made in pursuance thereof, and all?
'treaties made, or whioh shall be made, under the
authority of the United States, shah be the supreme
law of the land; and the judges in every State
shall be bound .thereby, anything in the Constitu
tion or laws of any State to the contrary notwith
standing. .
\ The power to raise armies for the United States
'being vested solely in Congress, the legislative
branch of the Government, it must “exist’without
limitation; because it is impossible to foresee or to
define.the extent and variety of national exigencies,
land the correspondent extent and variety of the
means which may he necessary to satisfy them. The/
circumstances that endanger the safety of nations
are infinite; and for this reason no constitutional
shackles can wisely be imposed on the power to
Whieli the care of it is committed. This power
ought to be coextensive with all the possible combi*
nations of such circumstances, and ought to be un
der the. direction of the same councils which are ap
pointed to preside over the common defence.”
“The result from all this is, that the'TJnion ought
to be invested with full power to levy troops, to„
build and equip fleets, and to raise the- revenues.
which will be required for the formation and support
of an army aod navy in the customary and ordinary:
modes practised in other Governments,”and..“ there ■
can be no limitation of that authority which is to
provide for the defence and protection of the com
munity in any manner essential to its efficiency ;
that is, in any manner essential to the formation , aU
rection , or support o/jtte Rational forces.” The neces
sity oi employing a regular force in case of seditions
and insurrections is forcibly portrayed'ln the 2Sfch
number of the Federalist.
No person is naturally exempted from taking up
arras in defence of tbe State—the obligation of every
member of society being the same. Those alone are
excepted who are incapable of handling arms or sup
porting the fatigues of war. This is the reason why
old men, children, and women are excepted. “ The
clergy cannot naturally, and as a matter of right, ar
rogate to themselves anypeculiar exemption. To
defend one's country is an notion not unworthy of
the most sacred hands.''
Every citizen is bound to serve and defend the
State as far as he is capable; and it would seem that
the duty incumbent on every citizen to defend his
country, aB well from foreign aggression or injury
as from intestine disorders, was fully recognized by
the common law. •
In the first Constitution of Pennsylvania, and in
those of several other states, the duty of the citizen
to yield his peisonal service when necessary, or an
equivalent thereto, is distinctly asserted. This is
the more remarkable in our State, as, owing to tbe
preponderating influence of the Society of Friends,
thgcoloDyhad no efficient militia law at any time,
and, in ,tbe earlier and later periods of its history,
none at all. In 1756 the Assembly prepared a new
militia bill, by which all the male inhabitants were
subjected to military duty, commutable for a flue in
the ordinary courts of justice. The officers, how
ever, were still elective, for* whioh reaaon the Go
vernor objected to the bill. He also required
that persons alleging conscientious scruples against
bearing arms should appear in open court, and de*
olare*to what society they belonged ; that they
were tiuly and religiously opposed to war; and that
a court martial should be authorized to punish by
death or otherwise, as was provided by the English
militia bil. But the House, unwilling to strength
en the hands of the Executive, by giving him the ap
pointment of the officers, and to lodge such powers
in courts* martial, refused to remodel their bill.
The battle of Lexington having roused the indig
nation of the people, the Committee of Corre
spondence of the city and cAmty of Philadel
phia, to supply the want of a militia law, called a
meeting of the citizens, who resolved to form a, mili
tary association, for .the protection of their proper
ty, their liberty, and their lives. This association
extended through every county of the province, its
members furnishing themselves with the necessary
.•arms. The Assembly approved the association, and
engaged to provide for the pay and sustenance of
those called into actual service. The Committee of
Public Safety prepared articles for the government
of this military association, but the citizens refused
to Blgn them, alleging that many persons, rich and
able to perform military duty, claimed exemption
under pretence, of conscientious, scruples. JBoth
parties addressed, the Assembly, the Commit
tee of Correspondence, and of the officers and
soldiers of the military association, saying
emphatically, “Be this as it may, self-pre
servation is the first duty of nature, which every
man indispensably owes, not only to himself, but to
the Supreme Director and Governor of the universe
who gave him being. In political society all men by
; the original compact are required to unite in the de
fence of the community against such as would un
lawfully deprive them of their rights, and those who
withdraw themselves from this compact are not en
titled to the protection of the society. The safety of
the people is the supreme law. He who receives
an equal benefit should bear an equal burden.”
The Assembly imposed a fine oq air able-bodied
effective male white persons capable of bearing arms,
not associators, between the ages of sixteen and
fifty years; ministers ■of the Gospel of all denomi
nations, school-masters in actual employ, and ser
vants purchased bona Jide, and for a valuable con
sideration, only excepted, whioh fine was largely in
creased by the first Assembly under the State Con
stitution.
The Revolutionary Congress was a-body entirely
dependent on the will of the several States, and the
good feeling of their citizens, for the Articles or Con*
federation were not fmally ratified by all the States
until the. Ist March, 17S1. j ' The Congress assigned
the quota of troops to the several States, and they
followed the example by apportioning to the several
counties the quota to be furnished by each. This
division of the State was again to be subdivided into
Claeses, and each class was to furnish a man by con
tribution or taxes imposed. In some instances a
draft was to be'used in the last resort. Pennsyl
vania concentrated the requisite power in the Presi
dent, Mr. Peed, and authorized him to draw forth
the resources of the State, under certain' limita
tions, and, if necessary, to declare martial law over
the State.
The Articles of Confederation did not really In
crease the powers of Congress, for the' land forces
were to. beraißed by the several States upon re
quisitions for their several quotas, and the Legis
lature of eacbr State was to appoint the regimental
officers, raise the men. and clothe and arm and
equip them in a soldierlike manner, at the expense
of the United States, and march them to the place
appointed.' 'AU the action, therefore, of the Con
federacy was upon the States, and not upon the
people, and its entire inadequacy to fulfil the pur-
poses of a general government was felt and ac
knowledged by all reflecting men. It was simply a
confederacy, while the Constitution of 1787 is a
truly national government, abtiug not upon the
State governments, but directly upon the people of
the United States, as a nation, by whose free will it
was established.
: The power, therefore, toraise and support armies
was, from sheer necessity, given to Congress, for it
was a light which could not. from the nature of
things, be reserved to the people, nor to the States,
who could not step beyond their own narrow limits.
It is clear, then, that whatever means might be re
quired to raise an arm; could be used by the Con
gress, and they were the sole judges of its expediency
and propriety. Now, there is not a word in the
Constitution limiting the natural power of the Go
vernment over its citizens, to oblige them to render
personal service as soldiers, nor is there a single
phrase implying that they can only be compelled to
serve when they choose to do so by voluntary enlist
ment.
The plan of General Knox, Secretary of War,
submitted to Congtess by General Washington, con
templated as liable to service all persons between
the ages of’eighteen and Blxty, and stated certain
general principles on which it was formed; the
lourthia in these words: “ That every man of the
proper age and ability of body, is firmly bound, by
the social compact, to perform personally his pro
portion of military dutv for the defence of the State.”
Rhode Island was the last State which ratified the
Constitution. On the 29th May, 1790, their Conven
tion made a declaration of rights, the 18th paragraph
of whieh was: " That any person religiously scru
pulous of bearing arms ought to be exempted upon
paying an equivalent to employ another to bear
arms in his stead.” They at the same time proposed
certain amendments to the Constitution, the sixth
of which was; u That no person shall be compelled
to do military duty otherwise than by voluntary en
listment, except in cases of general invasion, any
thing in the second paragraph of the sixth article of
the Constitution, or any law made under-the Consti
tution; to the contrary notwithstanding.”
The works of Burlamaqui. Montesquieu, Puffen
dorf, Grotius,'Locke, Yattel, and all the writers on'
government and , the laws of nations, were familiar
to the statesmen of ,the Revolution, and were largely
used in theirdiscussions, which from necessity in-'*
volved the fundamental principles of civil society.
No one, for instance, can read the second chapter of
the third book of Vattel’a Law of Nations, without
seeing that the clause, to raise and support armies,
and the , consequent power-to oblige every able
bodied man to become a soldier, is but an embodied
expression of the sound , views of this enlightened
writer. The very volume I quote from bears the
marks of the studies, most probably, of some of the
great men who framed the Constitution, and to
whom the use of the library had been tendered. »
: There can therefore be no doubt that 2 the contem
poraneous construction of . this olause was that
adopted by General Knox and approved by ,Presi
dent Washington, particularly when .we advert to
the amendment of Rhode Island, proposed four
PHILADELPHIA, FRIDAY, DECEMBER 4, 1863.
months afterward*, to confine this oompulsory power
to cases of general invasion.
g in the second fwar of independence, Mr. Monroe,
then {Secretary of War, with the approbation of Mr.
Madison* a framer of the Constitution* and one of
the authors or The Federalist* proposed a plan to
Congress by which the free male population of the
United States, between eighteen and forty-five
years, be formed into classes of one hundred men,
each olreb to furnish men for the war, within
thirty days after theolaseitioation, and replace them,
in the event of any casualty. If any class failed to
provide the men required of it, within the time spe
cified, they ehould be raised by draft on the whole
class, any person thus drafted being allowed to fur
nish a substitute. This, therefore, was a compulso
ry draft, and the argument of Mr. Monroe in favor
of the power of Congress is clear, full, and exhaus
tive, and never has been Answered. (See Note A.)
It was opposed by the peace men of that day, gen
tlemen who favored the Hartford Convention, and
who were entirely opposed to the general Adminis
tration, and the further prosecution of the war. Mr.
Charles J. Ingersoll supported the measure in a very
able speech, and, after a lapse of thirty-seven years,
hie deliberate judgment was in favor of its constitu-.
tionality. The war was drawing near to a close* all
parties expected peace, and the news of it in Febru
ary. 1815, stopped all further warlike preparations..
In the State of New York, then strongly in favor
of the Administration and the vigorousproseoution
of the war, at a special session of the Legislature,
called by Governor .Tompkins, Mr. Van Buren in
troduced a bill into the Senate to raise twelve thou
sand men by drafting* and placing them in the ser
vice of the United States, which, after being amend
ed, became a law on the 24th of Ootober, 1814. It
was stigmatized as a conscription bill by the opposi
tion, and in .the Council of Revision, Chancellor
Kent reported objections, the first of which was:
“ Because the Constitution of the United States has
granted to Congress the power to raise and support
armies, and with it the exclusive power to layS-nd
collect imposts, aifd the concurrent power to lay and
collect taxes, duties, and excises, in order to provide
for the common defence and general welfare. 1 ' These
objections were, however, overruled by Governor
Tompkins, Chief Justice Thompson* and Spencer
and Yates, justices of the Supreme Court, and the
hill became a law. The same Legislature passed an
act to raise a corps of four'thousand sea fenoibles.
and also an act for raising two. regiments of men of
color.
y Governor Tompkins was an ardent supporter of
the war, and a most popular executive, and was re
warded by a grateful people by being twice elected
to the high office of Vice President of the United
States,
A bill of a similar character was introduced into
the Senate of Pennsylvania, entitled“An act to
raisefor a limited time a military force,!! 1 which
passed that body by a vote of twenty-one to nine,
but was lost in the House. Mr, Nicholas Biddle,
then a member of the Senate from Philadelphia*
made a very able speech in favor of the bill, and
voted for it.
On the 3d March, 1863, Congress passed “An act
for enrolling and calling out the national forces, and
for other purposes," by 'which all able-bodied male
citizens, and persons of foreign rbirth who shall
have declared on oath their intention to become’citi*
zen*, between the ages of twenty and forty-five
years, except as therein excepted, Are declared to
constitute the national forces, and to be liable to
perfoim military duty in the service of the United
States, when called out by the President for that
purpose. These forces were divided into two classes.
Those who were drawn by lot, after having been*
regularly enrolled, unless exempted by law, were
either to serve as soldiers, or to procure subati-.
tutes, or to pay three hundred dollar’s. The service
is, therefore, compulsory, 'or in the words of the
Declaration of Bights to our first Constitution, the
drafted man must yield his “personal service,” or
55 an equivalent thereto,” for. Congress h&B decided
it is necessary. T cannot, therefore, doubt that this
act of Congress, in the .present situation of the
country, is a clearly constitutional exercise of
power by the supreme Legislature of the Union.
This is the view entertained by two judges of the
United States courts, both men of eminent learning
and talents, and living in different districts—l mean
-Judge Betts, of New York, and Judge Cadwalader,
of Pennsylvania. '
If there ever was an occasion to call every man
into tbe service of his oountry, it U the present one,
when we are engaged in combating the most formi
dable, wicked, and causeless rebellion known in his*
tory, of which the object of its traitorous leaders is
to destroy the Union, to erect a purely slave con
federacy, and to make Pennsylvania a border State,
exposed to the annual inroads of unprincipled ene
mies. I am, therefore, for using the whole popula
tion, if necessarj', of the loyal States, to extinguish
this treasonable rebellion. I have no idea of allow
ing Northern sympathizers to stay at home, whilst
loyal men fight their battles and protect their pro
perty. I would oblige all such men to render their
full Biiare.of military service, and if I had the power,
I would place the’New York rioters in the front
ranks ©f the army. . .
We have, however, been referred to the example
of England, as showing that the framers of the Con
stitution contemplated the armies of the Union
should only be raised by voluntary enlistment. This
jhas been said without a sufficient examination of
Ithc acts of the. English Parliament, all of which
were perfectly familiar to our Revolutionary stateß
.men.
?-*1nT704,1756,1757, 1775, and 1779, acta were passed
?forsgeciuitlng of hia Majesty’s land forces and ma
rices, directing a speedy, and effectual levy of able ;
bodied men to serve aa soldiers The commissioners
under these acts were required to levy and raise all
able-bodied idle and disorderly persons who o'annot,
upon examination, prove themselves tpexerciaeand
icduatriously follow some la wful ; tra&e or emplov- :
ment, or to have some substance svjfteimt for their sup
port and maintenance , to serve his Majesty as soldiers.
If, upon their delivery .to the= military officers, -such
men shall appear more proper for service by sea than
by. land, they may be delivered over to any commis
sioned officer of his Majesty’s fleet, to serve as com
mon sailors. None were to be impressed under six
teen or above the age of fifty, or who had a vote in
the election of members of Parliament.
.If an able-bodied man had sufficient substance,
however idle and disorderly: he might be, he could
not be impressed, and the evident object of these
acts was to force thepoor man to serveat all events,
and never to call compulsorily upon the nobility
and gentry and the middle classes of the kingdom.
Lora Mahon gives a strong instanoe of this in the
case of a gentleman being by some mistake pressed
for a sun confined in the Savoy, and as
the habeas corpus act of Charles the Second applied
only to criminal cases, could only he released from
imprisonment upon an application to the Secretary
of War.
Impressment for the navy has always existed in
England. In speaking of these modes of raising
men for the army and navy, a very able writer of the
present day says, “ But perhaps the greatest anomaly
in our laws—the most signal:exception to personal
freedom—is to be found in the custoni of impressment
for the land and sea service. There; A iaJnpthing in
compatible with freedom in o conScriptioh^or-foreed
levy of men for the defence of the oountijrrt&t jnay
be submitted to in the freest
ment of;taxes.. The service of every \
required in Buch a form as the £?tate' deterhiraesl;:
But impressment is the arbitrary and capribUSljta;
seizure of individuals from among the
of citizens. It differs from conscription as a pattra
cular confiscation differs from a general tax.” 7 v y£
In England, when the militia cannot be filled by"
'volunteers, the men (the privates) are selected by
compulsory ballot, and by *n act of 30th June, 185-2, 1
the Q,ueen was authorized to raise eighty thousand
private militia men, which might be increased to one
hundred and twenty thousand. .
In fact, conscription, or its equivalent, has been'
resorted to by every civilized nation. The
Government have nev§r had in any single portion !
of the world in active service a native army much
exceeding sixty thousand; the number which ihva-'
ded France in 1814, whilst the armies of the other’
allied powers amounted to a million of men. f
The present rebellion, according to Lord Coke 1 , is
a war. “So when by invasion, insurrection, rebel-:
lion, or such like, the peaoeable course of juatioeVis;
disturbed and stopped, so as the courts of justice bjej'
as it were, shut up, et silent leges inter arnia, then it is
said to be time of war;” and such, also, is theopia- J
ion of the Supreme Oourt of the United States, and
of this court.
The individuals making war against us are both
traitors and enemies, and it is waged upon a scale of
the greatest magnitude, calling into the service of
the country an army of eight hundred thousand men.
It is, therefore, the duty of the Government to use
every meanß within the Bcope of their authority to
recruit the armies of the Union, and to sustain the
gallant soldieraland generals who, by their glorious
efforts and sacrifices, are gradually hut certainly
restoring the Union to the full extent of its ancient
limits.
I am, therefore, of the opinion that the act in
question is constitutional, and that on this ground
the motion' for a special injunction should be re
fused. Here I might stop, but as I have grave rea
sons for believing that this court has no power in
the premises, it ia proper to state my views upon
this point.
The proposition submitted to this court by the
counsel of the plaintiff's is, that a State tribunal
should prohibit an officer of the United States, aot
ing in strict conformity to an act of Congress, from
performing the dutieß imposed upon him by law. I
cannot think we have any such power. If we have
it, has not the Governor or the Legislature the
same power ] and if bo, to what must it inevitably
lead?—a collision between the National Govern
ment and one or more of the branches of the ; Sbate
Government, of which the judiciary ia certainly the
weakest, we have had seriouajessons on this sub
ject. which should teach us to bc'careful in asserting
that the State authorities are to ho the judges of the
constitutional powers of the General Government,
In 1812, ths judgesof the Supreme
chueeltr, all of wlio in turn were shief j#tioes, gave
their opinion that Governor Strong, anil not the
President, was the judge of the exigencies in which
the militia could he called into the service of the’
United States. This opinion was solemnly over--
ruled by the unanimous decision 'Of the Supreme
Court of the United States upon this same question.
A celebrated convention, in 1815,in relation to Mr.
Monroe’s bill for a draft, used this language: “The
power of compelling the militia and other citizens
of the United States, by a forcible draft or conscrip
tion, to Eerve in the regular armleß, as proposed 1
in a late official letter of the Secretary of War,
is not delegated to Congress by the Constitu
tion, and the exercise of it would be not less
dangerous to their liberties than hostile to
the sovereignty of tho States. The effort to de
duce this power from the right of raising armies
is a flagrant attempt to pervert the sense of the
clause in the Constitution which confers that right,’
and is incompatible with other provisions in thatin
strument. The armies of the United States have
always been raised by contract, never by conscrip
tion, and nothing more can be wantlDg to a govern
ment possessing the power thus claimed to enable it
to usurp the entire control ol the militia, in deroga
tion of the authority of the State, and to convert it
by impressment into a standing army.” They, also
denounced as unconstitutional the la w authorizing
the enlistment of minora and apprentices without
the consent of parents and guardians. The remedy
proposed by the Convention was contained in its
first resolution:
“Resolved, That it be, and hereby is recommended
to the Legislatures of the several States represented
in this Convention, to adopt all suoh measures 'as
may be necessary to protect the citizens from the
operation and effects of all acts which have been or
may be passed by the Congress of the United States*
which shall contain provisions subjecting the militia:
or other citizens to forcible drafts, conscriptions, or
impressments not authorized by the Constitution of
the United States.”
We may presume that neither the executive nor
legislative branches of our State Government would r
adopt so unpatriotic a course, originally marked but
by a body of men who, however respectable In pri
vate life, were believed by the dominant party and
the people of that day to entertain designs of a trea
sonable character. Their reward was a forced re
tirement from public life, and Involuntary political
oblivion.
But this appeal is made to the State'judiciary,
who clearly have no more right to interfere with
an officer of the United Stateß, holding any citizen
under the authority of the United States, under a
law of the United States, upon an allegation of un
conititutionality, than the State Executive or the
State Legislature would have. This Is clear. The
Supreme Court of the United States have, indeed,
decided this question ,in direct terms, Intended to
prevent all Interferences of State authorities, with
the execution of the laws of the United States by
their own officers. It will be recollected that the
present application is a substitute for the writ of
habeas corpus, which has been suspended; and that
the plaintiffs in the cases before us allege that they
have been drafted, and have received notice of the
draft, and are placed on the footing of enlisted sol-.
diets, and liable to be punished as deserters should,
they fail to report for duty, which they have done.
All these facts appear on the face of , the plaintiffs’
bills offcomplaint, and the court is judfolaUy.ap
prised that they are in custody, under the authority
of the United States.; Chief Justice Taney says,-
"They then know that the prisoner is within the
fominion and jurisdiction of another government,
and that neither the writ of habeas corpus, nor any
other process issued under State authority, can pass
over the line between ths two sovereignties. He is
within the dominion and exclusive jurisdlo-.
tion of the United States. 11 “No judicial process,
whatever form it may assume, can have any lawful
authority outside of the limits of. the jurisdiction of
the court or judges by whom it is issued,*and an at
tempt to enforce it beyond these boundaries is no
thing leas than lawless violence," whioh would be
resisted by force.
The doctrine contended for by the plaintiffs l coun
sel, is simply the Calhoun hereßy of nullification
exploded by General Jackson, applied, not by a con
vention or a State legislature, but by a State judici
ary, who may* by preliminary injunctions, stop the
; raising of armies, and the collection of taxes, du
ties, imports, .and and thus paralyze the arm
of ? Government when stretched out .to repel a
foreign foe, or to suppress a rebellion, backed by
several hundred thousand men in the field. I can
not agree that this court can nullify an act of Gon
gress by any prohibitory writ. ;
I therefore think this Court has no power to en
tertain these bills* and of course no authority to
grant the injunotionß prayed for* in which I find I
am supported by the Supreme Court of Michigan.
: But I am also of opinion, that we have no power,
fsitting'aa a court of equity, to grant the relief prayed
) for.. Our authority U alleged to proceed from the
i 6th! clause of the 13th section of the aot oflSth June.
1836. which is in these words: The Supreme Court
: (ana-now.all the courts of Common Pleas and Dis
trict Courts), shall have the power and jurisdiction
of Courts of Chancery, so far as relates to “Vr The
prevention or restraint of the commission or con
tinuance of acts.contrary to law and prejudicial to
the interests of the community, or the rights of in
dividuals."
Now neither in this provision, nor in the'rcport
of the revisers, nor in any of the decisions of the
court* do I find any warrant to grant injunctions to
stop the proceedings of officers of the United States*
under acts of Oonßresß regularly enacted. If such
be our power, then the sooner the legislature in
terposes its legitimate power to alter the law* and
to prevent the various courts of the State from.ex
ercising a jurisdiction with whioh they never in
tended to investtbem, the better.
I am* therefore, of opinion, that under the act of
Assembly, we have no such jurisdiction as is here
claimed.
APPENDIX
t A.j
EXTRACT FROM "MR. MONROS'B LETTER Off OCTO'
888 17, 1814.
“Nor does there appear to be any'well founded
objection to the right in Congress to adopt this plan,
or to its equality in its application to our fellow-citi
zens individually., Congress have a right, by the
Constitution, to raise regular armies, and no re
straint is imposed in the exercise of it, except in the
provisions whioh are intended to guard generally
against the abuse of power, with none of which does
this plan interfere. It is proposed that it shall ope
rate on all alike, that none shall be exempted from
it except the Chief Magistrate of the United States,
end the Governors of the several States.
“It would be absurd to suppose that Congress
could not carry this power, into effect, otherwise'
than by accepting the voluntary service of Indi
viduals,-It might happen that an army could not
be raised .in 'that mode, whence the power would
have been granted nrwain. The safety-of the state
might depend on such an army. Long*continued
invasions, conducted by regular well-disciplined
troops, can beat be repelled by troops kept con
stantly in the field, and equally well disciplined.
Courage in an army is in a great measure me
chanical. A small body, well trained, accustomed
to action, gallantly led on, often breaks three or
four times the number of more respectable and more
brave, but raw and undisciplined troops. The sense
of danger is diminished by frequent exposure to it
without harm ; and confidence, even in the timid, is
inspired by a knowledge that reliance may be placed
on others, which can grow <up only by service
together. ; The grant to Congress to raise armies
was made with a knowledge of all these circum
stances, and with the intention that it should take
effeot Tbe framers of the Constitution, and the
States who ratified it, knew the advantage which
an enemy might have over üb, by regular forces,
and intended Jo place their country on an equal
footißg. J,''"
“The idea that the United States cannot raise a
regular army in any other mode than by accepting
the voluntary service of individuals, is believed, to
be repugnant to the uniform construction of all
giants or power, and equally so to the first-princi
§les and leading objects of the Federal compact. An
grant of power gives the means neces
sary to carry it into effect. -.. This is a universal
.maxim which admits of no exception. Equally
true is it that the conservation of the State is a
duty paramount to all others. The Commonwealth
has a right to the service of all its citizens, or rather,
the citizens composing the Commonwealth have a
: light collectively and individually to the Service of
each other, to repel any danger which may be me
naced. The -manner in whion the service is to be
apportioned among the citizens, and rendered by
them, are objects of legislation. All that is to be
dreaded in such caee iB the abuse of power, and hap
pily our Constitution has" provided ample security
against that evil. r \
“In support of this right iS.Congreas, the militia
service affords a conclusive.proof and striking ex-,
ample. The organization of the militia is an act of
puolio authority, not a voluntary association. The
service required must be performed by alb under
penalties which delinquents pay. The generous and -
patriotic perform them cheerfully. In the alacrity
with which the o&ll of the Government has been
obeyed, and -the with - which the ser
vice has been'performed throughout the United;
States the great body of the militia, there is
I caiiscTtq rqjoi'ce in the strength of our re
ipublioanvjQsUtutxbas, and in the vittue of the peo-'
;ple. V- ••
“ The plan-propofcd is nobmore compulsive than*:
• the militia service, while it is free from most of the
objections to it. The militia service callsfrom home,
for long terms, whole districts of country. ' None
can elude the call. Few can avoid the service, and
those who do are compelled to pay great sums, for
substitutes. This plan fixes on no one .personally,
and opens to all who ohooae it a chance of declining
the servioe. Itisa principal object of this plan to
engage in the defenoe-of the state the unmarried
and youthful, who can best defend it and best be
spared, and to secure to those who render this im
portant sbitdce,'an adequate compensation from the
voluntary contribution of the more wealthy in every
class. Great confidence is entertained that such con
tribution wiUJje made in time to avoid a draft. In
deed it is believed to be the necessary and inevitable
tendency of this plan to produce that effect.
“ The limited power which the United States have
in organjzing.tbe militia may be urged as an argu
ment againat their right to raise regular troops in
the mode proposed, 32 any argument could be drawn
from that circumstance, I should suppose that it
wouldbein favor of an opposite conclusion. The
power of tbe United States over the militia has been
limited, and that for raising regular armies granted
without limitation. There was, doubtless, some ob
ject in this arrangement. The fair inference seems
to be, that it was made on great consideration; that
the limitation in the first instance was intentional,
.the consequence of the unqualified grant of the
seeond.
* *• But it is said that by drawing the men from the
’militia service into the regular army, and putting
them under regular officers, you violate a principle
of the Constitution, whioh provides that the militia
.be commanded by their own officers. If this
%w&3 the fact the conclusion would follow. But
:'it is hot the fact;* The men are not drawn from
thg miUti&f but'from the population of the country:
■ when ithey enlist voluntarily, it is not a 3 militia
mVh ’ that they act, but as citizens. If they are
drafiedi it must be in the same sense. In both in
stances they are enrolled in the militia corps, but
as is presumed, cannot prevent the voluntary
?adt in one instance, or the compulsory in the other.
The whole population of the United States within
certain ages belong to these corps. If the United
States could not form regular armies from them
they could raise none.
"in proposing, a draft as one of the modes of
raising men in case of actual necessity, in the
present great emergency of the country, I have
thought it my duty to examine such objections to it
as ooourred, particularly those of a constitutional
nature. It is from my sacred regard for the princi
ples of our Constitution that Thave ventured to
trouble the committee with any remarks on this part
of the subject.”
Mr; Biddle was in France, with. General Arm
strong, and the following is an extract from his
speech _ in the. Senate of, Pennsylvania, on 10th
January, 1815. Mr. Biddle said: ** I well Know, sir,
that a project of this kind has been assailed.in Con
gress. where it has been'branded as a French con
scription,theverynameofwhioh was fatal to it. One
word, sir, about conscription. It is thought because
Bonaparte made use of it, it is improper for any
country to resort to anything like it. But take it in
its most odious form, it ii not the projeot of Bona
parte. It was resorted to by the French Convention,
in their contest for liberty, when all the nations of
Europe were arrayed against them, and when - they
had alone the hearts of the people of this country in
their favor. It was resorted to and found successful
in lepelliDg the foes of that republic. The Emperor
afterwards employed the same method of. raising
troops, and he abused it. In its original form it was
efficient without being tyrannical.” “ Yet with all
its faults the French conscription is the most equal
mode of military levy on the continent of Europe.”
“I say it, because T have seen its operations.”
“ This mode, however, is not peculiar to France: it
was resorted to in our Revolutionary war, long
before.it was used in France. . It was made use of
by every State in that war.”
[Oj; .
It is obvious that a State court, without declaring,
an act'of Congress unconstitutional, might, by their
decisions 'upon its construction, practically nullify
it, UJJiey can use the writ of injunction to enforoe
theirueereea against the officers of the United States
entrusted with the execution of its provisions,
- n> i
The intention of the Legislature in giving the writ
of injunction was to enable the court to restrain
nuisance, trespass, waite, and proceedings at law,
but'never to substiitute it for the writ of habeas
corpiTa in favor of a person in custody. It is clear
that the State writ could not be üßed to restrain pro
ceedings at law in a oourt of the United States. Be
fore the act of June 16, 1836, the Supreme Court pos
sessed no general equity powers, and could not issue
writs of injunction, and the Legislature never
dreamed that by these words that court would claim,
under them, to atop the execution of the laws of the
United States, by officers appointed by the General
Government in the'regular performance of their offl
ciaf'duties.
The Colored Troops—An Order by General
. Gilmore-
GENERAL ORDERS—No, ICS.
. DEPARTMENT OF THE SOUTH,
Headquarters in the Field, .
Folly Island, S. C., Nov. as, 1803.
t. The Major General commanding has heretofore
had occasion to rebuke Offioeiß of this command for
fiffpoaing improper labors upon colored troops, He
is now Informed that the abuses sought to db cor
! rectcd still exist. Attention is called to General Or
der No. 77, ourrent series, from these headquarters,
: and commanding officers are enjoined to see to its
: strict enforcement. Colored troops will not he re
quired to perform any labor which is not shared by
the white troops; but will receive, in ail respects; the
same treatment and be allowed the same opportuni
ties for drill and instruction.
.By command of
Major General Cf.. A. GILMORE.
Ed; "W. Smith, Assistant Adjutant General.
Official— lsrael R. Seeley, Captain 47th New
York Tola., A. A. A. G.
A Good Wold for Me. Lincoln.— lt is some
amends for the ridicule which has been so un
sparingly heaped by certain foreign presses updn
Mr! Lincoln, that the London Sjiectalor , one of the
most intelligent and most respectable journals in
Europe, finds occasion for the following words about
him: " ■ ""
“ Mr. Lincoln has been tested as few governors
have ever been tested, and though he may not al
ways have risen fully to the level of a great emer
gency, he has seldom failed to display: a noble im
partiality, a great firmness of purpose, and a saga
cious, IT somewhat utilitarian, judgment. ♦ *
Tte believe a juster man never held the reins of Go
vernment.” ■ _
The Chicago Tribune says that Mr. Hoes, a pub
lic-spirited jeweller of that city, offered a prize of a
$5O gold watch to the largest contributor to the
great Sanitary Fair. It turns out that President
Lincoln was; the largest contributor, his proclama
tion having brought $3,000 for the benefit of the fair.
Accordingly, Mr. Hoes has decided that the prize
belongs to the President,'and sent on the watch, but
not' a $5O watch, but a magnificent one worth $l5O,
With this inscription upon it: “ Presented to Abra
ham Lincoln as a memorial from the Northwestern
Sanitary Fair, in consideration of his being the
largest contributor to that enterprise.” A letter
accompanies it, explaining the matter.
THE REBEL STATES.
The Battle of Chattanooga.
GENERAL BRAGG’S DESPATCHES.
Correspondence on the Exchange of
Prisoners.
Card of Defence From General
x>. xr. uni.
SPEECH OF HERSCHEL V. JOHNSON.
THE BATTLE BEFORE CHATTANOOGA.
CTrom the Riehmoad Whiff, Ifov. 30,]
For the first time in a great battle Confederate
troops hare boon put to flight by the enemy* Thera
is no doubt y?e were largely outnumbered, but this
disadvantage was greatly compensated by our su
periority of ground. We held Lookout Mountain
and Missionary Ridge, positions very strong natu
rally, and rendered, we presume, still stronger by
art. General Bragg must have considered them
well nigh Impregnable, else he would not have
ohOßen the ocoasion when the enemy, all along su
perior to him in numbers, had been heavily rein
forced, to send off a large detachment of his own
army on a distant expedition. There will hardly be
any division of opinion as te the cause of the un
wonted and almost painful spectacle of a whole
wing of a Confederate army giving way under the
onsets of their Y&nliee assailants, and breaking in
to a disorderly flight.
Unprecedented as iB the melancholy occurrence, it
cannot have taken the public by surprise, for, how
ever little the people may understand of the myste
ries of military Science, common sense teaches them
that confidence in the oapacity of the commander is
an essential element of success to an army. We find'
no fault with General Bragg. Doubtless he did the
best he could. It is no fault of his that he hast held
a command for which he was incompetent. We give
him credit for gallantry as a soldier and devotion as
a patriot; if it did not please his Maker to endow
him with the great and rare faculties that constitute
the successful military leader, no just mind will find
in that defect cause for denunciation or censure.
. The' responsibility for the long series of misfor
tunes we have experienced at his hands, and espe
cially for this orowning disaster, must rest with
thpse who. regardless of his .own request to be re
lieved,-ana in spite of the remonstrance of the army
and people* have required him' to remain in com
mand. But, aB we cannot doubt that the language
of the event whioh has just occurred will make an
impression whioh the voice of the country has tailed
to make, and that now, when* as we solemnly fear,
it is too late either to expel the enemy from the ad
vantageous position he holds, or to Bave' ourselves
from a train of wide-spreading disasters, & change in
the command of the army will be made, we retrain
from any further remark on this point. In the judg
ment of tome, it might be good policy to endeavor to
belittle the importance of this defeat. We do not
.recognize the propriety of misleading the public
where so much is at stake.
We. are frank to confess that we are filled with
very grave apprehensions as to the consequences
that may flow from this reverse. If the army under
Bragg could not hold Lookout Mountain and Mis
sion Ridge, we are forced to ask ourselves what po
sition is there between them and Atlanta, or the
ocean, they can hold? - What position is Longstreet
left in, and how oan he unite himself again with the
army of Bragg, unless by an immense circuit through
Virginia 1 But it is likely the enemy may not feel
safe in advancing at this time, and that befofe they
are disposed to venture, adequate preparations may
have been made to meet them and hurl them back.
Let us at least hope so* and by every means at com
mand endeavor to have it so.
GEN. BRAGG 5 3 DESPATCHES—THB FIGHT AT LOOK-
OUT MOUNTAIN,
[OFFICIAL DESPATCH,J
Mission Bidoe, November VI. _
To Gen . S. Cooper.
We have had a prolonged struggle for Lookout
Mountain to-day, and sustained considerable less in
one division. Elsewhere the enemy has only ma
noeuvred lor position.’ ■ BRAXTON BRAGG,
- . % General.
The following is'an additional despatch, received
at the War Department last night:
- t •, CHICKAMATTGA, NOY, 25,1863.
Gen. S. Cooper. A. andl. General:
After several unsuccessful assaults on ourlines to
day, the enemy.carries the left centre about four
o’clock. The whole left soon gave way in conside
rable disorder. The right maintained its ground, re
pelling every attack, lam withdrawing all to this
point. ♦ BRAXTON BRAGG.
: DETAILS OF THE LATE BATTLE.
; Atlanta, Nov. 27.—The wires were down last
night and yesterday this side of Marietta, and have
just commenced working. The city is full of con
flicting rumors. Passengers who came down on the
2 A. M. train say that our line of battleis at Chlcka
mauga, and that the men are not disheartened or
disorganized.
We lost many prisoners, their number variously
estimated at five thousand and upwards. AU our
‘ dead and seriously wounded are in the enemy’s
ibanda. Tn the attack on Lookout the enemy’s loss
fjg incomparably greater than ours. They drove us
back by the sheer force of numbers. It is not known
if the fight was renewed yesterday.
DESPATCH.}
.Atlanta, Nov. 27.— Nothing since the morning
from the army. The Confederacy learns from a gene
ral officer just do wn, that light skirmishing began on
Saturday. There was intense firing on Sunday and
Monday, and becoming continuous along the whole
liDe at daylight on Tuesday. ■ .
The battle began by the enemy charging impe
tuously on Lookout with forty thousand strong,
and at the &ame time occupying the attention of our
right wing at the foot of Mission Ridge. The onset
/ at first was not impetuous, but increased iu vigor as
the day advanced.
Hill’s Corps, commanded by Breckinridge, met
the shock with unflinching courage. Late in the
afternoon the enemy increased, and by repeated at
tacks made an impression on our lines. At4P. M.
left centre gave, way, the enemy pouring through
the valley like a flood. Our troops on Lookout,
seeing themselves cut off, got confused, retreating in
disorder.
• During the night, the enemy not pursuing, the
remnant of our left was withdrawn to Missionßidge,
where oiir troops were massed for the morrow’sbat
tle, Some of our commands on the left were cap
tured.
' On Wednesday before sunrise the enemy advanced
his whole force with ardor upon the works at the
foot of Mission Ridge. Hardee, commanding, then
met the attack with wonderful vigor and success.
Charge after charge was repulsed. Five hundred
dead lay in front of our works. Our right stood
firm. The battle ceased at dark on Wednesday.
After nightfall the enemy improved his position on
Lookout, posting batteries to enfilade our position
on Mission Ridge, necessitating Its evacuation,
when our line fell back eastward of Mission and be
hind Chickamauga,where it now stands.
THE EXCHANGE OP PRISONERS CORRESPONDENCE,
[From the Richmond Enquirer, Nov, 30.3
Judge Ould recently received a letter from Briga
dier General Meredith, enclosing a communication
from Major General Hitchcock, of which the follow
ing is a copy:
Washington City, Nov. 13,1863,
Brig. Gen. S. A. Meredith Commissioned' for Exchange
of Prisoners:
Sir : lam not whether any, or how
far, relief may have reached our unfortunate priso
ners of war in Richmond and its vicinity, under the
orders of the Secretary of War to send supplies to
them of both food and clothing,
Mr. Ould should be notified, for the information
of his Government, that whatever steps may have
been, or may be, taken te extend relief (to the pri
soners Of war in ißichmond), must, on no .con
sideration, be appealed to by the enemy to relieve
him from the obligation to treat prisoners according
to the lawß of civilized warfare. If, in other words,
our prisoners in Richmond fail to reoeive such sup
plies as the lawb alike of humanity and war re
quire, the authorities in Richmond must be in
formed that it will not be considered a valid expla
nation or excuse for them to appeal to the fact,
should it exist, that, supplies from •us • have not
reached them.
The action of our Government on thiß matter is
dictated purely by humanity, and is only an effort
tb relieve our prisoners of suffering inflicted upon
them contrary to the claims of both humanity and
the laws of war, and must not be understood &b re
lieving the authorities of Richmond; from respon
sibility to the Christian world in the premises.
If the authorities in Richmond will send ua these
Erisoners, we will not only feed and clothe them,
ut will continue to supply food and clothing, as
heretofore, to suoh prisoners as may be in our posses
sion; and you will propose to Mr. Ould that in this
case we will agree, without any reserve, to respect the
parole they may give according to the laws of war,
from which they shall not be relieved in view of the
paßt differences or pending questions on the subject
of exchange, without the previously obtained con
sent of the authorities represented by Mr. Ould, as
agent for the exchange under the oartel. r
You will please lose no time in communicating a
copy of thiß note, certified by yourself, to Mr. Ould, :
and will urge upon him its acceptance as due to the
most solemn considerations in the face of the civil
ized world.
Very respectfully, your obedient servant,
E. A. HITCHCOCK,
Mej. Gen. Yols., Com’r for Exchange of Prisoners.
: Judge Ould replied as follows:
- Richmond, Nov. 18,1863.
Brig. Gen . S. A. Meredith , Agent of Exchange:
Sir : The letter of General Hitchcook has been
received. : Until the Confederate authorities appeal
to be relieved "from the obligations to treat pri
soners of war according to the laws of civilized
warfare,” or “ offer, bb an explanation or excuse,”
for insufficient food, that supplies have not been
..forwarded by your. Government, it is entirely unne
f cessary to discuss what will be the views of your
authorities in either contingency. Statements,
most infamously false, have recently been made ana
circulated at the North by persons whose calling
should have imposed a respect for truth, which
their own personal honor seems to have failed to se
cure. Our regulations require that prisoners shall
receive the Bame rations as soldiers in the field.
Such your prisonershave received, and will con
tinue to receive. v Do you ask morel If so, what
do you demandl We recognize, in the fullest form,
our obligation to treat your prisoners with humani
ty, and to serve them with the same food, in quan
tity and quality, as is given to our own soldiers. If
the supply is scant, you have only to blame the
system of warfare you have waged against us.
There is nothing in the action of the Confederate
Government which gives any sort of countenance
to the charge of cruelty or inhumanity to your pri
soners. In the first place, we have importuned you
to agree to a fair'and honest proposition whioh
would secure the release of all of them. When that
was rejected, you have been permitted to send,
without stint or limitation, all kinds of supplies to
them.
General. Hitchcook requests that the prisoners
now in our Rands be returned to your lines. This
is not accompanied by any proposition to release our
prisoners now in your hands. So farfrom that being
the case, he promises “to continue, to supply food
and- clothing as heretofore ” to such. General
Hitchcock need.not have urged"you to “lose no
time in communicating ” his letter. No degree of
haste would have secured the assent of
federate authorities to a proposition so flagrantly
unequal. ’• ,
We are ready to relieve, your Government from
the burden of supplying “ food and olothieg as
heretofore” to our'people in your hands, and ir
they are sent to ue, yours shall be returned to you—
the excess, one side or the other, to be on parole. I
hope you will “ urge ” : on. General Hitchcock the
acceptance of this proposition “ as due to the most
solemn considerations in the face of the civilized
world.” ■'
We are content that tie 11 civilized world ” should
draw its own conclusions when it contracts the two
offers. 1 will thank you to forward this communi
cation to General Hitchcook, or inform him that
the Confederate authorities deoliue to accept his
proposition. Respectfully, your obedient servant,
KO. GUM), Agent of Exchange.
GEN. D. H. HILL AND THE BATTLE OF CIIIOKA
MATOA.
[Prom the Kiclimond Bhquirar, November 27.3
We publish this morning a card from Lieutenant
General I). H. Hill, fully and completely exonera
ting him from any responsibility for the failure of
General Bragg to reap the fruits of the victory at
Ohickamauga. Indeed, when we consider the mani
fest injustice done Gen. Hill, we are surprised, as
well as pleased, at the temperate character of his
vindication. Gen. Hill has made tho reputation of
a hard fighter, of which no injustice can deprive
TILUEH CENTS.
feJaa; aad we, in common with our o<rantryiK»>f
emnestly hope he may be speedily reinstated in ta»
Army or Tennessee, or John
ston, or Lee, and that Gen, Bragg may be permitted
to rest for a season. . r - .
OTNBBAE- HlLL'ff CARD;
As several erroneous otatemeats have been made
In regard to my being relieved from duty with the
Army of Tennessee, it cannot be improper to give
the facts in the case. When the "order relieving me
was received, I caEled upon General Bragg and
asked the oauee of it. He said that he had no cause
of complaint against me up to the close of thv bat
tle on ibe 2Cth of September ? that no imputations
had been, or oould be, made against my military
character, and that he would promptly rebuke any
one making Buck in his presence, : I then asked what
could be the reason for his action. He alleged as
the cause an expression of opinion on my part. I
inquired why I alone waa herd responsible for this
utterance, when the other three corps commanders
(Longstreetj Buchner, and Uheatham) had con
curred in it. To this no satisfactory answer was
given, \
The insinuation made by some of the army corre
spondents, of my being tardy in attacking on the
morning of the 20th September, is unjust. The first
intimation that I received that we were to be the
assailants was an order to advance from the wing
commander (Gen. Polkh received at twenty-live
minutes after seven A. hi. And the fltefc I heard of
the contemplated attack at daylight was from Gen.
Bragg himself, some half hour later. The four es
sential preparations for battle had not been made at
eight A. M., and, in fact, oould not be made with
out the presence of the commander*in*ohief, who
then appeared on the field.
Lieutenant General Longetreet has since told me
that he was so far from being ready at daylight that
he was not even ready when! began the attack. My
impression is that my corps was engaged more than
an hour before a trigger was drawn by any other
troops. To the fierceness of the assault of this
heroic corps the Yankees ascribe their massing on
our right. If I am not greatly mistaken, we had
gained the Ohattanooga road, turned the Yankee
works, and nearly reached the Kelly house, before
the left wing came into action. The Yankees con
centrated their forces rapidly to regain the key point
of their position. Generals Helm and Deohler were
killed, and General Adams was wounded and cap
tured by the overwhelming masses thrown against
my single corps. General Adams told me that the
Yankees, in conversation with him, ascribed the loss
of the battle to their withdrawing too many troops
from their right to meet this morning afct&ek of my
heroic men on their left. It would Beem that the >
delay in attacking on our left led them to believe
that our forces were massed on our right.- All-the:
Yankee accounts of the battle agree in this view ofr
our plan of attack. - '
I heard no firing- on our left until after the fine:
troops of Walker and Liddell had come to our sup
port. '
The charge of tardineßß being disposed of, it may
be well to quote to the self-constitutoi critics the
following extraot from the letter of the Adjutant
General, in refua&JjpC m 7 application, for a Court of
Inquiry; “Indeed, with an officer of your past ser
vice and approved gallantry; military delinquency is
a presumption not to be indulged by any one, and
certainly not in the absence of all charge or com
plaint sanctioned by the Department.”
D, H» HILL, Lieutenant General.
REBEL SENATOR HER6CHEL V. JOHNSON ON THE
[From tlie Richmond Daily Dispatch. Nov. SO. ]
Hon. Herschel Y. Johnson, the newly-elected Con
federate Senator from. Georgia, made a speech in
Milledgeville on the 24th inst. A letter gives the
following summary of his address:
He came square up to the support of the Adminis
tration, and defended the impressment law as a ne
cessary measure for the subsistence of the army.
He would have prices fixed by the
vicinage. He counselled cordial support of the Go
vernment as the sheet-anchor of our hopes. He
thought it unstatesmanlike and unmanly to say
that the law was unconstitutional or that the Go
vernment waff oppressive. There were some, he
said, that the angel Gabriel could not satisfy.
He would not have the arrogance, he said, to say *
that he could offer a remedy for our financial diffi
culties. He thought taxation mußt be vigorously
resorted to. and had been delayed too long.
He denounced those who have tried the spirit or
the people by abuses of the impressment law, and
counselled harmony and hopeful perseverance. He
wished he had language to portray the importance
of our whole people being a unit. With our armies
in the field —the noblest race of men ever marshalled
under banners, with their bosoms bared to the ene
my-how will they feel when they see us wrangling
over a few dollars taken from us by impress meat?
If we would discourage them let us'indulge this
fault-finding spirit. He was proud to see that the
General Assembly had reaffirmed the Btep she took
in 1661. There iB no step backward. All is now in-/
volved in the struggle that is dear to man—home,
society, liberty, honor, everything—with the certain
ty of the most degraded fate that ever oppressed a
people, if we fail. It is not recorded in hißtory that
eight millions of united people, resolved to be free,
have tailed. We cannot yield if we woqld. Yield
to the Federal authorities—to vassalage and subju
gation. The bleaching bones of one hundred thou
sand gallant soldiers slain in battle would be clothed
in tongues of fire to curse to everlasting infamy the
man who whispers yield. God is with us, because
He is always with the right. He closed in counsel
ling a firm reliance on Providence, and the cultiva
tion of a spirit of reliance and devotion.
HEW TOBK CITT.
[Correspondence of The Press. ]
New York, December 2,1863,
THE ELECTION.
The mayoralty election has resulted moßt unex
pectedly for all and 0. Godfrey Gunther has
overreached each of his opponents by large majori-
The entire history of this contest is singular,
Mr. Blunt, the Republican nominee, Is by no means
a favorite with his party, which, after vainly endea
voring to gain the consent of Gen. Dlx to become a
candidate, endorsed him, seemingly, as a last resort.
Ab a consequence, Republicans cast their votes free
ly for Gunther, and when it became generally known
that he was elected, they seemed quite as much re
joiced as though he had been upon their own ticket.
Up to the last moment, Mr. Boole’s friends were
confident of bis success; they understood the tre
mendous influence of the King which backed him,
and calculated, as did two-thlrdß of our citizens, that
his election was nearlya moral certainty. Barge
bets were offered by his supporters,-and there were
but few takers, for long experience had taught them
that the King, was all-powerful among the mob, who
seldom fail to carry everything at the polls.
Gunther’s majorities are stated at 6,591, and 9,453,
Opdyke’s majorities over Gunther and Wood, at the
previousl mayoralty election, were 613 and 1,173.
From these figures, may be argued the astonishment
of the people at the running up of such majorities
by the candidate who was expected to do but little.
Altogether, men seem very well satisfied with tbe
results. Gunther is believed to be an honest,
straightforward man, who, notwithstanding the
copperish complexion of his politics, will probably
make a good mayor. At all events, he iB preferable
to Mr. Boole, who has a standard reputation as a
leader of the conuptionists, and is a prominent
member of what is known as the King. His defeat
is generally attributed to his proposed interference
with slaughter houses, and other similar nuisances,
during his administration aB inspector of streets.
All sorts of objections have been raised against
Mr. Blunt by the Republicans, and the generality
of them have been absurd in the extreme; indica
ting very perceptibly that there is something behind
the political veil, which has,' as yet, been hidden
from public view. One of these assigned reasons
has been that “his looks are against him, as he re
sembles the late Yankee Sullivan, the prizefighter.”
Another is, “ that he is stubborn and factious in his
opposition to new measures.” The police voted
against him in a body, as it is understood that he
was opposed to an increase of salaries in that de
partment. Never before did municipal politics as
sume the characteristics of so sublime a muddle.
Not only were people puzzled regarding the politi
cal platforms of the candidates, but they evineed
little or no interest in the matter, either as politi
cians or citizens. -
AMUSEMENTS.
The cold snap of the past two days has brought
the subject of skating prominently before the public.
Last year the ponds were a failure. The mo3t ex
tensive preparations had been made, not only in
New York, but in Williamsburg, Brooklyn, Hobo
hen, andiJeraey City; vacant lots were leased and
laid out, and much expense incurred in preparations
for Hooding - them, yet there was scarcely a day’s
good skating throughout the entire season, This
year the subject is being violently agitated in anti*
cipation of a severe winter, and from present indi
cationß, preparations are to be made upon a scale
even larger than before. Central Park, aB Tar as re
gards this amusement, is a comparative failure, from
the fact that its pond is invariably overcrowded, as
soon as the requisite, thickness of ice is obtained.
From'all adjacent regions, visitors pour into the
city, and rush with frantic enthusiasm upon the
inviting surface, and without any compunctions,
elbow the citizens off, and cut the ice in imita
tion of a nutmeg grater with their shod feet. As
a consequence, but few of the better class frequent
the pond, preferring the expense of private esta
blishments to the vulgar crowds of the Park.
It is rumored in dramatic circles thatßamum
has brought about a matrimonial engagement be
tween the youDg giant and giantess, who are at pre
sent on exhibition at the Museum. Of course, as
in the matter of Tom Thumb and Baby Warren, the
marriage will be an affair of cold calculation, and
comprehending about as much sentiment as did the
production of the “What is It,” and the Fejee Mer
maid. The Thumb affair was, throughout, a viola
tion or common decency, and was understood to be
a mere showman’s triok and finesse. This fact, how
ever, did not prevent scores of silly people from wit
nessing the nuptials, and paying large sums for the
pieature resulting therefrom: and, of course, when
Phineas brings his Brobdignagians to the altar, the
same claßß will pay roundly for front seats, while
the cunning showman is snickering in his sleeve at
their supreme folly.
Mr. and Mrs. Barney Williams are playing a
successful engagement at Niblo’s Garden. The
German Opera opens at the Academy of Music, to
night, with Flotow’s 45 Stradella.” A new drama is
promised for Monday next, at Mrs. Wood’s Olym
pic, to be entitled “As You Sow, so You Must
Beap.” A rather so-so ritle! S TUYVESANT.
Sale op the Douglas Estate. —The property
of the late Senator Douglas, situated at Cottage
Grove, was eoM on a mortgage foreclosure on Satur
day last. This property embraces about sixty
acres in extent, joining a portion of the seventy*
acre tract known as the Douglas property and
“OAkcnwold,” bounded on the east by Lake
Michigan, on the west by Douglas avenue, by Cook
place on the north, and on the south by Douglas
place, the old cily limits. Cottage Grove avenue
runs through the middle of the tract, and about in
the centre are the five acres donated by Senator
Douglas to the University of Chicago, and now oc
cupied by that institution. T£e tragt covers six
blocks proper, besides the three divisions oi Oaken*
wald, in the southernmost of which lie the remains
of the lamented Douglas.
A portion of the property was mortgaged in 1859
for the sum of $50,000, the instrument bearing date;
July 7. On the 12th of April following, the mort
gage was renewed and additional security given,
covering the whole of the property. r About the
same time an additional sum of $lO,OOO was granted,
a third mortgage being given. The principal and
interest were unpaid, the total indebtedness amount
ing to $83,963.33 at the time thetieciee was granted.
The property was sold in single lots, Mr. Jameß
R. Smith, the mortgagee, being the principal pur
chaser. The prices paid, of course, fell far below the
real value. ■
The whole amount paid for the traot of sixty aorea
was $83,160, or at $803.83 lees than the amount need
ed to satisfy the mortgage. The average P"Ce y*®
$1,386 per aore. The property subject to
redemption within fifteen months at an increase on
the purchase money of ten per cent,—Gwcayo
Tfencs, . - . - ' . :
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’ r ; ; ; Ilistory. ol Gliarleg tne Bold.
. This country has beeif»unusußlly prolific, of lots
yeafs, M-fint-cla.. historians, Washington frying
may be .aid tor have broken ground in this depart
ment of literature, with "The Life and Voyages of
Columbus,” and W® since have had the American
History by Bancroft, the Spanish Conquest of Am**
rioaby Piessott, and the Dutch Republics and Hni.
ted Helherlaads by Motley. To this will'(re added,
in a few days, The History of Charles the Bbld, of
Burgundy, by Hr. Kirk, who acted ns Secretary and
Collaborateur to Prescott, during hia later year...
The work will be simultaneously published in Phi
ladelphia and London, by J. Bv Lippinoett k Co.,
and John Murray.
Charles the Bold, Duke of Burgundy, reigned
only ten years, almost a sovereign, and fell in bat
tle before Nancy, which he was besieging, i n Janu
ary, 1477. His contemporaries were Louis XI. of
France, the Emperor Frederic of Germany, Casi
mir of Poland, Matthias Corvinua of Hungary, Ed
ward IV. of England, and Ferdinand and Isabella
of Spain. The event* or hia reign are highly im
portant, and the contrast between his character and
ihat of Louis XI. stands, out on the historic page
in the boldest relief. Of that contrast Sir Walter
Scott freely availed himself, very fully in the ro
mance of 11 Quentin Durward” (which may be said
to have created the historical novel in Franoe), and,
lees fully, in “ Anne ol (Berstein,” in which are
narrated the later passages of hia career, and parti
cularly his defeat, by the Swiss, at Morat, she
months before hia death.
Sir. Walter Scott waa the first English writer t*
bring Charles fhe Bold before tfie world of readers,
and the present generation have mainly derived
their idea of his character from what Scott has told
them. Mr. Kirk, in his description of the person,
accomplishments, habits, and character of Charles,
appends the following cautionary note:
It may be as well, at the outset, to warn such
readers as have gathered their impressions of ths
events and personages of this period from the pages
of Scott, that in none of his oreations has the great
master handled hi. brush with so careless a hand,
and laid on his colors with so little discrimination!
; as,in. “ Quentin Durward.” Leaving out or view
the.anachronisms and other deviation, from hlstori
: Cfl 1 "tn 1 th,’ (which yet are seldom defensible, kuw
■ milch’ as not merely the faota of history, but the fev
; turesof the age, are thereby distorted and discolor
; es,) the portraitures of character are commonplace
conceptions coarsely executed. He attributes to-
Charles the Bold precisely those vices from whioh he
was altogether fiee—representing him as a drunk
ard and a gross feeder -, as dull in his perceptions,
and vulgar in his tastes j as seasoning his phrases’
with oaths, and laughing boisterously at any coarse
j EBt or piece of low bufloonery. The faults of Chariot
were sufficiently glaring, and scarcely admitted of
exaggeration; but his breeding had been that of a
prince, not of a boor; his education had been better
than that of other princes of his time, hia tastes and.
habits were more, not lees, refined than theirs, an*
the restraint he imposed upon his sensual appetite*
was as conspicuous a trait as his sternness and vio
lence.
Our leaders will perceive. that we have had the
advantage of an early perusal of this work-in fast,
we have read the greater part of the first volume,
the narrative bringing us within a few months of
the accession o! his father, but fully showing the re
lations between Ms house and himself with Louis
the Eleventh, and particularly recording the events
of the War for the Public Weal and the Revolt of
Liege. The history is lucid and eloquent, and a fine
philosophical vein run. through it. There is agreat
array of authorities in the notes, and its author will
take Mb stand, at once, among. the great writers of
his land and time.
A Word for Our -Starving Seamstresses.
To the Editor of The Press:
Sir : While public sympathy ia aroused to bo high
a pitch by the sufferings and privations of Union
men in the distant prisons of rebel Richmond, allow
me, if you please, |to bespeak a little of that sym
pathy for the Bufferings and privations of honest*
toiling Union women, reduced almost to starvation
at home here in loyal Philadelphia. One case of
hardship of this description, which I know to be not
exceptional, I desire to refer to, to show to this com
munity what manner of outrages are being daily
perpetrated upon the whole class of poor sewing
woman engaged upon army work by the heartless
Bet of scoundrels known as “ sub-contractors.**
Two worthy, honest, industrious women, whose
veracity X do not question, have for some weeks
past been employed in making soldiers* haver-
Backs. They receive'the magnificent sum of Jive
cents haversacki and the two of them, work
ing steadily from 7 o’clock in the morning until 10
at night, can make jußt five in a day ! Twenty*fire
cents a day to feed and clothe and board two wo
men! Twenty-five cents for twenty-eight hours*
weaiy stitching I If there is such a thing as philaa
throphy among us, what & noble field is here pre
sented for its exercise! Let me aayliere the Gover
nment is hot to blame in this matter., At the Schuylkill
Arsenal the price paid for sewing the same haver
sacks, (and there is an immense amount of work oa
one*of them,) is 12>£ cents, or more than double
what these sub* contractors pay. Even at.this rate,
however, the most industrious person cannot make
more than thirty-seven cents a day, or $2.25 a week,
—hardly enough to starve upon s and everybody can--,
not get work at the Arsenal. The twe women,
whose case I have referred to, finding it impossible
to“ keep body and soul together ** upon the misera
ble pittance which they received fox their hard day’*
work, made application at another clothing ddpdt,
where ariny drawers were given out, and were
offered six cents apair for making them. There is
even more work upon the drawers than upon the
haversacks, and noperson can make more than two
pairs a' day—juatfawltve cents!
-To show what a “nice thing” the sub- contractors
are making of it, one of these women, as intelligent
as she is hard-working, informed me that they re
ceive twelve cents from the Government forthe ha
versacks, for whose making they pay but five. Se
ven cents profit on every one is .“pretty fair,” and
two hundred haversacks being turned in per day,
’ somebody makes $l4 dollars a day, or $34 a week out
of the necessities of the sewing women. My pur
"pose is simply to sntte facts, not to offer comments,
for comments WGUId he superfluous.
I am, sir, very respectfully yours,
Philadelphia, Deo. 3, 1863.
Holiday Presents—-A Suggestion.
To the Editor of The Tress.
Sib; The custom of erecting and adorning “Christ
mas Trees,” making holiday presents, &c., may be
called a time* honored custom.; Thus parents freely
exhibit their affection for their children; thus
friends exchange tokens of their regard for each,
other; thus thousands ofdollara are expended annu
ally. But we wish to inquire, just here, is it right t
under present circumstances, (to say nothing about
. the question of its being right alattfl thus tQ spend §9
much precious means upon thosewho generally en
joy the comforts of life in abundance? By present
circumstances, we, mean the circumstances of our
country and our city. Think of the many very
needy families of our soldiers; think of the many
sufferers in Bichmond prisons and. other rebel
strongholds; think of the many poor families who
. must suffer in cold weather, under present enor
mous prices of fuel. In view of -all these demand*
Upon our sympathy and benevolence, we ask—-
would it not be better for every make s
holiday offering to the poor and the suffering? Sup
pose wealthy parents, and others, who spend so
much money annually, during the holiday season to
gratify their children, call the family together and
portray the condition of suffering humanity all
’ around, and make a proposition thus: “ Shall we
Bptnd the usual amount of money in holiday toys,
confections, and other presents, or shall we appro*
piifcte.it to the wants of suffering soldiers and their
families, and the poor?” Would not the general re.
spouse be in favor of those who really need these
means?
When we remember that those upon whom thou
sands of dollars are annually expended in holiday
pieaents, are those who do not needy but who are
constantly surrounded with the comforts of life, and
that those who really need are seldom the subjects of
holiday, benefactions, we submit whether we are
cot sow under a solemn obligation to make a pru
dent, benevolent ute of the means which God has
allowed to flow into our hands. We commend this
to the families of Philadelphia. “If a brother or
sister be naked, and destitute of daily food, and one
of you say unto them, depart in peace, be ye filled j
notwithstanding ye give them not those things
which are needful to the body, what doth it "profit ?’*
A word to the wise is sufficient.
I am, sir, very respectfully yours,
W. D. SIEGFRIED,
Pastor of Twelfth Baptist Church.
December 2,1863,
School RefornL
To Ijie Editor of The Press :
Sir : I have seen the subject of School .Reform In
yeur paper, and wish to state, that some years back,
my attention was drawn to the evil of forcing the
minds of the pupils by exoessive and protraoted
studies. At the suggestion of Mr. Farren, then the
president, 1 think, of the Board of Controllers, I
sent a communication to that body suggesting the
neerssity of a reform.
Since then I have seen several young persons who
have been sufferers by the present system—one, a
young lady, a teacher, whose mind and body were
seriously affected by the excessive mental labor*
The Chinese custom of cramping the feet is painful
enough, but that of torturing the mind is the most
and this is inflicted, too, upon beloved
spring with the consent of affectionate parents.
I would suggest that, either in one or two sessions,
there should be less toil and confinement for the
pupils. . Yours, truly, “ R. F. T.
Philadelphia, Dec. 3,1863.
The death of Frederick VH, King of Denmark,
is regarded by the London Times as an event of much,
political importance to Europe: “By his decease
the succession oi the Danish crown passes to a col
lateral branch of the royal family. At the moment
the European Powers are invited to take part in a
Congress to review or discuss all the ‘settlements,’
dynastic and national, that have outlived the change*
of the last half, century, a new compact or treaty
comes into operation, which dates only from 1853.
The extinction of the-direct line of Christian VIH
was • foreseen, and the contingency of a claim to a
portion of the Danish monarch* by a Russian prince
was one of the difficulties presented by the thrice
perplexed Schleswig-Holstein question. To the ex
tent of placing the succession to the Duchy of Holstein
bey ond dispute,the great Powers at that time succeed
ed in dealing with a question of which all the other
points are still unsettled, and which contributes to
the general malaise of Europe by constantly vibrating
between angry negotiations and open threats of war.
' With the orown of Denmark the Duchy of Holstein
is transferred to the successor of Frederick YII*.
Prince Christian, the father of the Princess of Wale*
and the new King of Greece.” Frederick was born
in 1808, and ascended the throne in 1848. He was,
twice married and twice divorced, but was not un
equal to his political duties. His reign opened with
a war with Germany, and in three campaign*, in
which the Danish people fought for the integrity of
their Kingdom, he was victorious over his enemies.
A war, much for the same cause, threateni Denmark
aeain. Itwill be remembered that Frederick de
clared, but a month before his_ death, that
saiy to preserve the unity of the Danes and the
Danish territory, he would resign in favorof a re
public, of which no people were more worthy *
J._B. S.