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flf IT H V
( I vTi 1)" IT ift In)'
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jD W MOORE. U,;.nr.
J J. OOODLANDER, J Edltor-
Vol.. XXXII. WHOLE, NO .G73.
PRINCIPLES, not MEN.
CLKAKFIKLI), VA. WEDNESDAY. OCT. 2, IftGI.
TEHM3-I1 23 per Annum, if paid in advance
NEW SEMES VOL. II. NO II.
I
HON'. SAMUKL LINN'S
; Charge to tlic Grand Jury.
SEPTEMBER TERM. 1SC1.
liNTi.itir.v or thi Grand. Ilrv:
Wei)tr upon thedischargo ofour offi
cial duties to-day under very solemn and
3 impressi-vo circumstances. Since the Inst
term of thin Court, events have occurred
in the. history of our national government
uf the most serioui and startling character.
I need not refer to these eveuts in detail
nt thev fcirui i conspicuous part of the hi
Mrvofthe n-twtlion neainst which this
nation i now struggling, with which v
rry intelligent citizen in presumed to be
; jaiiiilliar. We have fallen upon strange
1 imw, and are experiencing a state of na
tional trial 'which would seem not
to have been apprehended by the fathers
,Bivl foitndert of this confederacy. In that
i ,ir.iralfe constitution, by which the u
nion and compact of those States wore
i formed, and under which they have, un
l til reccntlj, remained linked together by
i anlrong and peaceful bond of union, there
: are no provit-ions which contemplate ei
ther an amicable separation or nn attempt
on the part of any one or moie of the
.States lo forcibly withdraw from the U
nion. and, consequently, those public func
tionaries whose duty it is to provide for
; the public safely and protection have
ii been occasionally embarrassed by consti
tutional restrictions, apparent or real, or a
' v ant of constitutioual authority to meet
fully acd promptly the exigencies of the
times.
' When we consider the magnitude of .
I (be rebellion, the years which hsye been
I occupied in diligent and systematic prep-
I aration for (hi attempt to overthrow the
I government the number and character
I of the individuals concerned in it the
4 object and purposes which, as we have (
nraon to believe, have long been secre'iy
meditated and are now openly and defi-
I antly avowed tho acts which they have i
already done in furtherance of their plans,
, and the further outrages ana atrocities
$ which they would seem to have in imme-
idiate contemplation, we cannot but con-(
t tider it the most alarming event that has
? ti-pr nrrurred in our historv. There is
I enough in this to fill the stoutest heart.
i with Uismnv anil terror.
When our country is i the midst, of
men perns, every citizen iiasuuue'j umi
flow from the allegiance that he owes to
the government and which as a loyal free
man lie it bound to perform. The sum
ol these duties is thai he shall do all that
! in him lies to aid in protecting and defen-
j ding the existence and the honor of the
nation l lus is n demand to winch a pat-
riot is always ready to yield a cheerful
obedience. Next lo his Maker lie c
knowledges that his country has the high-
est claims upon him.
We, as a constituent brancb oftheStafo
which relate to the present condition f
public affairs dutres which we should
perform, promptly, faithfully ond with-
out fear, favor or affection, bill we should
at the snme time give to them a temper-
ate and impai tiul consideration. Of these
I shall come presently to speak.
fara compel!!, though wiih deep re-
gM, to iH'lieve that ihorc is not at the
prssent tini amongst the ibhabitants of
be loyal States.ar. entire, unanimous and
hettty co-teration with tbe national gov-
eminent in the attempt now making to
suppress tbe rebellion ; nay, more, I am
credibly informed that there ere amongst
us not only persons who secretly sympa
il ., i ... i . .i
mize wiin l lie reueliion, oui mose oiso governmen uii'i suppress lorunuuuio
who boldly and publicly avow sentiments rebellion. Tho Government of 1'ennsyl
which are in opposition to the authority var.iain rssnonse to this demand lias is
of the government. Such persons, whilst sued a proclamation calling upon all able
Ibey meiit thecontempt of the peoide of bf died citizens wi.hi.i the Commonwealth
this, and every other civ ili.oil nation on subject to military duty, to form themsel
earth, and are bringing disgrace upon ves into military companies and regiments
themselves and their posterity, should
f nevertheless receive tho punishment
which the law assigns lo them.
i h is leads us to consider and dehne trre
;. offences which may be committed direct-
ly against the government. Although
ome ot those belong to the exclusive iu
o .. .i:..i : r . i. r.ii ii ...
iipuiiiuii Ul iiic icuri ni uuuiis, iv uiuy tiuv
be out of place to notice them here in or-.
der that vou and the people of the county ,
I who happen to be present may be made
J to understand something ot the na.ure ries respecting the supremacy or the gov
'? and extent of the obligations which th?y ernment, end allegiance and sovereignty
one as citizens. The present generation
j of Americans know but little experunen- (
I tally of a state of war, and it therefore
should not surprise us that their attention
I has never been particularlydirected to the.
i duties which at such a limn are incident
1 to tbe relation that exists between a gov-
f.; t
1. .1 . . I il l
eminent anil us citizens or suojecis. i
am therefore lei to take a charitable
vifw of the conduct of those who may
have seemed to forget or depart from
'their allegiance, and to attribute most, if
4not all, such cosesof delinquency, not so
, much to a disposition openly to violate
the law or oppose the known authority ot
the government, as to entire ignorance of
the law' demands and of the nature and
design of the rebellion. I am lead to
tnore than ruspeet that artful and wicked
iiiuHi are making it their business to de
ive the people by leading them into the
rtoneous belief that the war is waped for
thetupremaeyof a party, ir Stead of being
struggle purely for the life of the nation.
True that kind of loyalty, is not very
praiseworthy or reliable which is not the
'ponUneoua outgoing of a patriotio heart,
but needs the unyioldin? lash of penal
auction to keep it in ahi pe. Still it is
.better then open rebellion.
The offences wlich directly affect or are
njunoUR to the government ar e Treason,
' Misprision of Treason, and certain pwi-
live misprisions or contempt of its author
. ity or supremacy.
j , By the law of England there were -f
rious acts defined by statute vbich would
render the perpetrator guilty of treion,
but by our National Constitution it is di
reeled that treason against the United
Mates shall consist only in levying war
against mem, or in adhering to their en
emies, giving them aid and comfort. That
the inhabitants of those States of this U
nion which have assumed to withdraw
therefrom, and form a new and indepen
dent government, have levied wsr upon
the united Matos within the meaning of
me cnmmiuuon wm noi admit o a don ht.
Giving aid and comfort to such person".
by such overt acts a ifivino them intelli
gence, sending them provisions.furnishing
mem wiiu supplies, or arms, or tho like,
would be treason, and would render the
offender liable to punishment of death.
Misprision of Treuson is the conceal
ment of treason, by being merely passive,
for any assistance given to the traitor
makes the party a principal, as there are
no accessories in treason, (his mispris
ion is of a negative character, but as has
already been stated, there are other mis
prisions affecting the government of a pos
itive nature, which we shall notice hereaf
ter. Treason may becommitodagainst either
the government of a State, or of the Uni
led Slates. When the offence is against
the sovereign authority of a single Stale,
it falls within the jurisdiction of the Court
o! tlie Mate wherein it was committed.
but where, as in the present instance, war
is waged against the federal covernment.
the federal coaits have exclusive jurisdic
tion. This Court cannot, therefore, lake
cognizance of any act of treason, or mis
prision of treason growing out of this re
bellion inasmuch as the war levied by the
Confederate States, as thev are railed in
against the federal government, and not
against the Stale of Pennsylvania.
But as has already been intimated, there
aro misprisions of a positive nature, some
of which are grave misdemeanors. and rcay
like treason, or misprision of treason, be
oUences against State or federal authority
as the case mnv be. I have heretofore
negjected lo explain to you that the term
"misprision" is of French derivation, and
means in fecal parlance contempt or no
feet. Thus, misprision of treason, con-
tout) in the neglect to give'information of
the commission of an act of treason and is
what is teiipd n iii,rit:v inLminn
The positive misprisions which concern
our prencnt inauirv and of which we sha 11
now proceed to epeak, arc such as involve
an attempt 10 waKen me strong arm ot
civil power, or a contempt of lawful au-
thority. Thus, for example, to dissuade
a witness from irivinu evidence, or fioci
obe) ing the process of subpeem, lo per-j
suade or assist a r,risoner in custodv to
escape ; to refuse obedience to tho call ofi
a police officer for assistance to quell a r;-1
ol or apprehend an offender or endeavor
to persuade others to disobey such call, i
ure all misdemeanors of this ort, based,
upon the principle Uiat it is unlawful to
oiler resistance to lawfully constituted au- (
princijdo, that any wilful attempt to rej
sist the authority of the government, or
to prevent or hinder tho success of its
plans ordosigns in the prosecutions of a
war offensive or defensive, or lo induce or
pursuade othtrs todo the like, is unlaw-
i'ul and punishiblo as a high misdemean- j
or. Now, apply this genorul principle to
the present condition of our' national af-
fairs. A stite of war actually exists. The,
President of the United States by virtue
of the power reposed in him, has issued
his proclamation calling upon the fover j
nors of the several States to furnish their,
quota of troops for tho organization of aj
military force sufficient to protect the
. . i . . r -l.l.i.. I
to be called and nuitered into the public
service. Jow it must be perfectly appa-
rent to the mot ordinary understanding
tint any attempt to prevent the carry inu
out of this design would be a gross insult
to the government and a daring contempt
ot the anthority vested in it and there
r... . i.i..i. ..;.J...... .u. i
iuic iiii:ii 111 isuriiicunui ivi ji iiiu ile"
signs t.nd plans of the government can
with impunity be thwf rted and rendered
abortive, then all our high Bounding theo-
are but beautiful figments of the imagina-
tion. Such toleration con. d spring Irora
no principle other than would assert that
Ihe citizen is only bound by his allegiance
to the government so long as its measures
may be in accordance with hi own views,
and is obliged to obey only such laws as
meet his entire approval.
Suppose a riot to occur in one of our
streets. It is the duly of the officers of
the law to suppress it, and the duty of
all good citizens to aid and assist, for with
out tuch regulation the public peace could
not be maintained, and we would con
stantly be in the rcidst of disgraceful
scenes of tumult and disorder. Now,
suppose that on such an occasion some
individual would take it upon himself to
address the assembled multitude, de
nouncing the riot act and the administra
tion under which il was passed, and as
sailing and condemning tho political
views of the ofliceri who are endeavoring
to preserve the peace and advising and
persuading the bystanders to withhold
any assistance for these or any similar rea
son. How should a court and jury deal
with such an offender? The question
need only be asked. And is not that man
a thousand times mori culpable who, by
words or actions, persuasions or threats,
would attempt to prevent or dissuade our
ci'izens from responding to the call of the
chief magistrate of the nation for aid to
ptrt down a rebellion It at aims at the to
tal subversion and overthrow of tho gov
ernment? .
' There is great misapprehension abroad
on this subject. Many persons errone-
ously suppose, that so long ns individuals
will refrain from an overt act of treason,
thev mnv
apeak and act as thev please
against the government, with perfect im-
punity. It is time that such dangerous
misapprehensions should be
corrected.
and in our remarks on this occasicn we
are doing what we can to accomplish that
purpose. Thtre are other olfoncos besides
treason and misprison of treason, which
effect the government a.id its claims (o
allegiance, as has already been explained
The late Judge Ka::e, in his charge deliv
ered in the District Court of the United
States a few years ago, in referring to the
case of United States vt. llanway, a caso
wnien produced no little excitement, uses
the following language:
t hero tin been, I fear, an erroneous
impression on this subject among a por
tion ofour people. 1 1 it has been thought
safe to counsel and institute others lo acts
of forcible oppugnation to the provision of
a statute to inlliime the minds of the ig
norant by appeals to passion and denun
ciations of the law as oppressive, unjust,
revolting to the conse'ence and not bind
ing on the actions of men to represent
the constitution of the land as a compact
of iniquity, which it were meritorious to
violate or subvert, the mistake has been a
previous one ; and they who have fullen
into it may rejoice if poradvenlure their
appeals and their counsels have been hith
erto without effect. He whose conscience,
or whose theories of political or individu
al right frbid him to support and maiu
tain it in its Jullest integrity, may relieve
himself from the dutios of citizenship by
divesting hi nself of his rights ; but while
he remains within our borders, ho is to
remember that successfully to institute
treason u to commit il."
''he views that we have just expressed,
do not, in our opinion, conflict in the
least, ith tne freedom of speech or of
the press, fly Ihe Constitution of the IV
nited States, Congress is forbidden to
make ony law abridging the freedom of
speech or of (he press, arid the constitu
tion of this Stale provides that Ihe print
ing presses shall bo free to every person
who undertakes to examine the proceed
ings of the legislature or any branch of
the go eminent j and no law shal ever be
made lo restrain tho right thereof. The
free communication of thought and opin
ion is ono of tho invaluable rights of man;
and every citizen may fully peak, write
and 'print any subject, being responsible
for the abuse of that libeity. What are
we to understand from the words "free
dom orspt-eeli wr oriha prom" a,, uged in
the Constitution ? The framers of that
instrument evidently recognized it as a
well defined, pro existing right, for they
declare they thall not be abridged. Cer
tainly men of learning and experience,
would not in so important a paper, forbid
the a rio'gment of a right which was with
out sny certain measure or extent ; for it
would involve one of the most cherislie I
rights of tbe citizen in a maze of confusion
and ohscdi ity. At the time of the adop
tion of the Constitution, in 1787, when
tho freet'oni of the press was spoken of,
the people understood exactly what it
meant its boundaries were wei! marked,
and have continued s to this day. Jus
tice Hlackstone in his commentaries, vol.
4 p. I'M, says, "Where blasphemou', im
moral, treasonable, schismalical, seditious
or scandalous libels are punished, the liber
tg of the pref. properly understood, is by
no means infringed or violated. The lib
erty of the press is indeed essential to a
free State ; but this consibts in laying no
previous restraints upon publications, and
not in freedom from censure for criminal
matter when published. Every freeman
has an undoubted right to lay what senti
ments he pleases bolore the public; lo
forbid this is to destroy the freedom of
the preas ; but if he publish what is im
proper, mischievous or illegal, he must
take t he consequences of his own temeri
ty. To sul jeel the press to the restrictive
power of a license, as was farmed done,
is to subject all freedom of sentiment to
the prejudice of one man and make him
the arbitrary and infallible judge of all
controverted points in learning, religion
and government. But to punish any dan
gerous or offensive writings, which, when
published, shall, on a fair and impartial
trial be adjudged of a pernicious tendency,
is necessary for the preservation of peace
and good order, of government and relig
ion, the only solid foundations of civil
liberty. Thus the will of individuals is
still left free ; the abuse only of that free
will is the obiect of fecal punishment.
Neither is any restraint hereby laid upon
freedom of thought or inquiry ; liberty of,
private sentiment is still left ; the dissem-'
inating or making public of bad sonti- j
ments, destructive to the ends of society I
is the crime rhich society corrects. A
man may be allowed to keep poisons in
his closet, but not publicly to vend them
as cordials, and the only plausible argu
ment heretofore used for the restraining
the just freedom of the prow, that U teat
necessary to prevent the duity aluse of it, will
entirely lose its force, ween it is shown
(by a seasonable execution of the laws)
that the pre.s cannot be abused to any
bail purpose, without incurring a suitable
n.,.;..!..,.....! . .kin,., i naval ran ha nt'
ed to any good one, when under tne con-'stitut-nts, nnd would prove them to be un
trol of an in.peolor. So true will it be 1 worthy of their high trust IHinng the
found that to censure the licentious, is to revolution, an act was passed in this State,
maintain the liberty of the press." Ion tho lhh February, 1. .11, tho4th section
Judge Addison, in his charge delivered whereof is in these words : ......
to the grand juries of the 5th judicial "Ifuny person or persons within this
District of Pennsylvania, iu 1798. makes Stato shall attempt to convey intelligence
use cf the following language ' Freodom j to the en mies of this State or the I nued
of the press oonsisls iu this, that any man , States of America, or by pulhc'y or deliberate
mry, without the oonsent of any other, 'fy ,pel:ing or wrttwgagjinst our public drfenee,
print any book or writing whatever, being or shall maliciously and odvisedly endoav,
in this, as in all other freedom of action, or to excite the people to resist the gov
liable to punishment, if we injure an in- ernment or this Commonwealth, or pi in
dividual or the public Such is the liber- suade them to return to dependence upon
ty or the press, which the people of the the crown of Great Britain, or shall mali
Uuited States of America, for iu greater ' ciously and advisedly terrify or discouragt
security, hare made part of tbair runaa -
-
montal law. In Heir Stale Constitution,
they provide that lieir legislature should
riot make any law "entraining Ihe liberty
of the press, that v, should lay no previous
1 restraints on the liberty of tin press ; or,
as the Pennsylvanh Constitution express-
es it. that 'every citizen may fieelv
speak, write or print on any subject bring
rcsponsibUj'or the aluse of thai Lbrrty.' The
s mo, principle vas afterwards, adopt
ed in the Federal Constitution, and the
section establishing it there U to be con
strued in the sune manner. So that the
liberty of the press is precisely as stated
by Justice Hlnrkstone, it being free from
all previous restraint, as all other rights
or liberties are, subject to correction
its abuse.
Oil this subject I shall refer to but one
mere authority, which may servo to mark
out the distinction between tiioo publica
tions respecting the government, which
are nurlioiiaed by law and such as are uir
authorized and unlrwful. Tho case of the
Commonwealth v.r. Jfenr.ie, reported in
4th Yeates, 07, was an indictment for li
bel tried in the Supreme Court, of Penn
sylvania in I.S06. 1 quote here so much
of the opinian of the Court in that case n , that the press, type find fixtures of a
is opplicabls ; printing office in Philadelphia, which was;
"The legislative acts, or tho acts of any j alleged to bo advocating tho right of se
branch of the government, are open to the , cession, was seized by the Mirohal a day
public discussion, and every citizen may ' or two ago. This loot as though the gov
froely speak, write or print on am subject, ernment had determined to tiitle no Ion
but is iimeuable for tho abuse of Unit priv' ger with those who dii-rcgurd itsrigbts oi
ilege. No alteration is made in the law , Lid defiance to iln authority. Wc should
as to private men affected by injurious pub- j rejoice at every indication of vigor and
lications. unless the discussion be proper strength in our government proceeding
for public information. It is no infraction of
law to publish temperate investigations of
ihe nalure and forms of government. The
enlightened advocates ol representative ro-
publican governments pride themselves iu
the reflection, tint tho more deeply their
system is examined, tho more fully will
the judgment of honest men be satisfied
that it is tbe most conducive to the safety
and happiness of a free people. Hut there
is mi i Ued and evident distinction between
such publications and those which are
plainly ucuumpaniud with a criminal intent,
deliberately designed to loosen the social
bonds of union, totally to unhinge the
minds of the citizens, and to produce pop.,
ulur discontent with the exercise of power
bv the constituted authorises. Such wii-
tines are subversive of all order and gov-
eminent. The l.berty ot the pres. consists
.. . .
in publishing the truth lion, y, wmtves
and justifiable i;i, though it ndfeot on
governments and magistrates. Cromwcll'i
t.f.,4 nil
Trial, pp. C.'j, 04. Such publications odd , toenlist for that purpose, or by furnishing
to the common stock of freedom, while such enemies with arms or ammunition,
the latter insidiously infect iho public or any otberarticles f:ir their aid and com
mind with a suUtle poison, ami pioduee . fort, or by carrying on traitorous corrcs
Ihe nio-t -mischievous and alarming con- ' pondence with them, or thull fcrin, or be
sequences, by iheir tendency to anarchy, in anywise concerned in forming any corn
sedition and civil war. Such conduct is ' bination or plot or conspiracy, for betray
punishable by the Constitution. It may ing this State or tho United States of Am
be difficult to draw the line of demarka- j erica into the hands or power of any for
tion in every i:. stance, but the jury are to , eign enemy, or any organized or pretend,
judge lox themselves on the plain import ed government engaged in resisting the
of every 'vord without any forceo or strain- laws of the United States, or shall give or
ed construction of the meaning of the. iu- .cr.d any intelligence io the enemies of
thor or editor, and determine on the cor- this State or of the Uni'ed States of Ame
rectness of the inuendoes. To every word rica, or shall, (villi intent to oppose, pre
they will assign its 6ense, and collect the vent or subvert the government of this
true intention from the context." j.Sluleor the United States, endeuvor to
It is evident from theso quotations, persuade any pe son or perons from en
which are from highly respc c able uuthor-; lering the service of this Slate or of Ihe
i!y, "ind should be accepted as a sound in-' United States, or from joining any olun
terprctation of the law, that the govern-1 leer csmpany or association of this State
ment, by holding its citizens criminally about being mustered into service, or shall
lesponsible for every wilful design to in- use any threata or persuasions or offer any
terfere with its authoiityor its plans, in bribe, or hold out any hope of reward,
no respect infringes rSpon any personal with like intent lu :'nduce any perton or
right. Much excitement prevails in.inanr 'persons so abandon said service, or with
pirrts of the country because of the appa- draw from any volunteer campany or as
rent sympathy manifested by certain sociation already organized under ihe laws
newspapers and public journals with tho of this Commonwealth, for that purpose;
rebels, and in some places p.-inting presses every person so offending and being legal
and the cjntenls of printing offices have ly convicted thereof, shull be guilty of a
been destroyed by a resort to violence and high mNdemeanor, and shull bo sentenced
mob rule. This is much to be deplored to undergo solitary imprisonment in the
on sccount of the encouragement it affords penitentiary at hard lubor, for a term not
to that spirit of riot and insubordination exceeding ten years, and be fined in asum
which is exceedingly dangerous in its ten-I not exceeding five thousand dollars, or
deiicies and rover can be justified by any both, at tho discretion of the coutt. 1'to
pretence whatever. Such proceedings de vided, That this oct shull not prohibit any
serve Ihe coiidemna'ion of all good citi- citizen from taking or receiving civil com
zea. and we trust there may be no rope- mhsions for tho acknowledgment of deeds
tition o( them in future. It is sincerely I and other instruments of writing."
lo be hoped that those who have control) This law is freo from obsurity, nnd its;
of the public press will conduct it so pru- meaning and intention cannot bo misun-
dently as not to excite angry feelings at a
time when the public mind is extremely
sensitive to every apparent expression of
jt.,. nriiuliiniiv to the novcniment-i
and moreover, Ihit if there should tea: y
abuse of the liberty of the press, resort
will be had to legal authority, and not to
thAiinwcrof an excited mob. There is
no necessity for a resort to violence;
the
government has ample power to correct
such evils, und in such times as these bus
never scrupled to exei t it when occasion
required. The right of self preservation
by all the means within reac'.i in times of
imminent peril.belongs to the government
as fully as to an indinduai.anu ms great
mistake to suppose that in time of war a
government may not remove every obsta
clowhich tends to embarrass cr hinder tho
success of its military defences, or In weak
en iu po'ver, moral or physical. Neglect
or hesitation on the part of those who ad
minister the government to resort fo such
raeasuros whenever exigencies arise that
in thoir opinion require it, would expose
ii.n to (ha 111st indignation or tueir con
,tae
peopio uum enlisting iu iimtinwui
J tho Commonwealth, orshall stir up, excite
'orraise tumults, disorders or insurrections
jin the Stato, or ihsposo them to favor the
enemy, or oppose and endeavor to prevent
the measures carrying on in support of the
freedom and independence of the said
United States; every such person being
thereof legally conviuted by tho evidence
of two or more credible witnesses, in any
Court of General Quarter Sessions, shall bo
adjudged guilty of misprision of treaton,
and shall sutler imprisonment during the
present war, and forfeit to Ihe Common
wealth one half of his or her lands and ten
ements, goods and chattels." .
This oct having been passed for a tempo-
for'rary purpose, expired by its own limitation
at the ond of tho war.
We notice that several of the newspa
pers published in New York and else
where, which have tendered themselves
obnoxious to tho people because of their
alleged secession proclivities, have been
brought to tho notice of proper courts,
and we may therefore expect before long,
weshall be favored with uu opinion on this
subject from the Circuit Court of the Uni
ted States, Arid the newspapers report
frum a proper and prudent exercise of its
power in tho suppression of tho rebellion
and of any thing that alloidsit aid,
Wc have hitherto been speaking of n
class of offences which lie beyond our ju
rudictior.. Lacli State j ossess.os Ihe light,
t however, to pass laws regulating the con-
duct of its own citizens. Tho legislature
of Pennsylvania, at its last regular session,
passed an net to which H,is our duty to
direct your attention. Tho first section
provides, "that if any person or persons
belonging to or residing within this State,
nnd under the protection of its laws, shall
'take a commission or commissions from
my person, Stale or States, or other ihe
enemies of this State or of the United
States of America, or who shall levy war
njain t ibis State or Government thereof, I .
1 . . , .... , , ,
or knowingly or willingly nau a.u or as -
Hit any enemies m open war ag.unst iuis
s . an, i& ni a, ti m nv in n'ntri r ri
State or the United States, by joining their
armies, or by enlisting or procuring others
derstood. We have brought it to your
j notice so that if any of you know of any
oT the. offences therein mentioned having
been committed within this county, the
offender may be der It with as tho low di
rects. It any of you know of the com
mission of such offence, it will be
youf
, . . , -.i- , r ii.;., fc
duty to make it known lo your ello 3 o
inai mo mailer mnv uu nuiy nnu loiiunny
presented to Ihe Court. It is your duty
to present all violations of tl.is act, as well
nsoll other known offences against the
criminal law, but we should be careful that
no act that is done in this behilf should
spring mereiy irom ponnc: inncrcnce.-, anxiety lor news rroni i.cxing-Qn, .uo , is
from ai'y selfish, hinisti-r, or other uuwor-' greatly enhanced by a consideration ot
thy motive, but thai every such discharge size and wealth of the place.and it" in.
or what is always un unpleasant duty, 1 portance as a strategic point. The. popu
shculd be solely in vindication of Iho hon fution of Lexington und vicinity v ns
or and authority of tho Stato and the na- j made up of the best class of th early edi
tion. I grants from Kentucky to Missouri, i gen-
EvTr7nrTha7irrbiH"7wn Ufa fo.-'f""? wealthy, and probacy more refined
lies enough- in hisown mind troubles lhan that of any other section of the SUif.
enough- in the performance of bis duties exwpling St. Louis. The o rly settler. in
deficiency enough-in bis fortunes evils . that region were attracted by the s.m:'ar.-
enough-without minding other people! of "llJc.h of l,.,e co"nfr' l? lhi, '"lcn r''
business Kentuckians about Lexington, Ky., and
. ,, . . , , i they iiotonlv made their selections 01
SsjTAri Irish girl bc:ng inquired of res- " jUI1( nccuftli g l0 lhe BUnUard 0rt,M Fay
peeling her mistress, who had gone to a ; cll but raril.j tho Iirmlo,y t0 ti10 naui
water cure establishment, replied that she ig0f the counly and principal town of
had "cone lo soak." tiJ(,jr jo(.,ti0t) jn Mi0uri.
fdyA writer remarks with great truth' The city, containing now prob.-bly 12,
that "the great characteristic of modern 000 inhabitants, is situated ou a hi'h ro-jky
life is Worry." That is true. Some peo- bluff, which there bus its course .on the
pie are so 2rine lo it that that they worry south 6idu of tho Missouri river.and v l.
because they have no real griefs to worry , slopes almost precipitously diic.Ttiy Uiw
thera. i to the bed of the river, making u vt)
t&T A lover, vainly trying io explain , !PP soent froru ,he up '0 tu
some scientific theory to his fair iinnointa city
said, "Tie question is difficult, and I fcaTThe sweetest flowe'i ever fccr.tioied
don't see whtt I can do to make it clear." io an old bachelor'! pathway, are the lips
'Top it!" said the lady." of a pretty girl.
i.. e 1!.: I -
THE WAR HEWS
THE WAR IN MISSOURI.
Further Partieak rs of the fjt-
Lexington.
The St. Louis papers uf .Sn'iU'd' v
2lst contain farther parlieulHi" of .,
commencement of the battle i t ! ,f
ton, Mo , which town, record n :
difpntches published, hai sunendi.
the State forces under Oen. 1'rfen.
if
1 1-
St. Louis Democrat has tho fallowing v
sion of the state of affair up to W. on
day evening, two days boforc tho io
was surrendered by Col. Mulligan :
The gentleman who arrived at u'm
quarters in this city yesterday morn:".
via the North Missouri railroad, hriv.'
news from Lexington, or, to bo tr!otlv
correct, from the point on the river oppo
site LexiBgton, up to ten o'clock on Wed
nesday night last.. The rebel forces ar
dor Price, Rains, Heed and others, had ro
ssession of the city of I.rxing'on, and had
surrounded Colonel Mulligan, v bo, with :i
force ot about 2.700 men, war- dtrony
posted in the fortifications on College TIiU,
a point on the river bluff, just bulow .'.
city, and between that and what cid'.d
(.ld Lexington. n Tin-fday i'ia leUil"
made an attempt to c.aptuie one fiim'i
steamboat nu two ferry bots, wlifeli wer.J
lying at tho water's edge, just under tho
fortification walls. A desperate fiih t en J
sued, tho rebels attacking the boats from
up and down tho river, und Col. Mulligan
defending as well as he could from tho
the river eido of Lis fortifications. The
rebels captured his boats. One of the spec
tators who witnessed thestruggie froai Mm
opposiie side of the river, says he saw tuo
rebels carry off twelve wtigon loads o dead
and wounded. Colonel MulIignV losi ol'
course could not be ascort'lned. The ii"
port that these boats were steatno..: loaded
with government stores, ammunition, Ac,
is incorrect. . .
On Wednesday, a largo number of tin
citizens of Hay county witnessed the ""ight
from the river bonk. Tho rebels assaulted
the fortifications in great force four orlivo
times during tho day, and were each time
repulsed, as il seemed, with great slaught
er. The fighting, it was expected, would
'continue on Thursday. It was feared
I K'Ul
, . MllIlianV ammunition would rivo
, j a muftei.wncc hewou.d be
- ... ....
compelled to surrender, ins toriiiiciiuons
are admirable, and his men are fighting
with but little exposure and great advan
tage. The messenger states that tho Fed.
erul reinforcements of three orfourthousi
and men were sent on their way, and ex
pected to reach the river opposite hexing'
ion on Wednesday night or Thursday
morning.
On Thursday'ef last week nn ntlacl wai
on the fortifications by a force of rebels
from the position of Old Lexington.
They were beaten back with a heavy loss.
Un the next day, Friday, Col. Mulligan
shelled UU Lexington, and burned the
houses iu and behind which the rebjls in
Iheir attact on tho day previous had ta
ken shelter.
Tho forces under flen. Price are various,
ly estimated from 10,00 to ti 1,000 m?n.
In ano'.her article the Democrat says:
Our (Federal; force there is about 3,500
men.
The St. Louis Republican lias the follow
ing account of the progress of the fight :
The first attack of Gen. Price upon the
fortifications at Lexington was made on
the fhursday of la3t week, at Gve o'clock
in the evening, with a force of about eight
thousand men. Tho engagement Liste 1
two hours, and resulted in the repulse and
withdrawal of the Confederates with a
loss of one hundred killed and between
three and four hundred wounded. The
Federal loss was from threo lo five kiifed
and several woundeL
On Wednesday morning last, Gen. Price,
having collected a force of from sixtecu to
twenty thousand, began a desperate and
most determined assault upon Cio f -'ifi-
cations. 1 ho engagement commenced
nine o'clock, and raged with r.-.f 1 -i
dui ing the whole day. Fivo or six rs
lute charges were made by the CrnVi r
iitfts, but each time they were forced Iv .'
with considerable slaughter. Tuey it -
cceded, however, in the capture of lh;or
government steamers and a ferry bom
I that were lying under the biutt aud v.-,; j
I in range of tho Fedeial cannon. Ij !
i tlinw eiii-nontprod fearful loas it "
L..:.i. i. ..t ' i... i .
' I'oi leu uiub ten ui cio u-i'jit 4-1-4
J, wenJ remov(?d ffn
The Position of Lexington.
We find in the Cincinnati Comn rci.!,
the following description of the oitv v'
Lexington :
iho painiui suspense auon.i.!! the
. , . .