itcaster e tgencer lieta Int GEO. SABDERSON, EDITOR. A. 14ANDERSON. Assoclati, LANCASTER, PA., JUNE 11, 186 b OIBAULATION, 111100 001 1 1.11111 Bonosuratoz Pm, pp pgraanino. IVIK. Baia #Bo Am AMU% ID Basentkeet, Xs, York, a:4U Sete e r ns ,s__Bostos. B. M. Irnmiress, , C o., are Agee* , !hi ThAZWI hitenifeeerr, and the mod influentlatand largest circuit. tang N the United Statue and the Outsdis.— fhey area to extinct for tut at oar lowest rafts Jar Y. B. Paean. the American Newspaper Agent, N. B. sorrier Fifth and Chestnut Streets, Philadelphia, is authorised to receive subscriptions and advertisements for , this paper, at our lowest rates. Hls receipts will be re. prded sa payments. Alp Joan WEssma's Anvwsrmain Anwar is located at N 0.60 North bth street, Philadelphia. •He Is authorised to receive advertisements and subscriptions for The Lancaster Now our flag is flung to the wild winds free, Let it float o'er our father land, And the guard of its spotless fame shall be Columbia's chosen band. THE HABEAS CORPUS CASE. The opinion of Chief Justice TANEY, in the Merryman Habeas Corpus Case, will be found at length in this week's paper. Like every. thing else emanating from this venerable and learned Jurist, it is a lucid and unanswerable exposition of Constitutional law, and will at. tract the attention of the entire country. DEATH OD SENATOR DOUGLAS The country has lost a great statesman.— Hon. STEPHIS A. DOUGLAS is no more. The illness, under which he had been suffering for several weeks, reached a fatal termination on Monday, the 3d inst., when he expired in the 49th year or his age. Few statesmen of the present day have made so large a figure in the public affairs of his country as Senator DOUGLAS; and his loss will be the more afflicting at this crisis in our National affairs, when the safety of the Union demands so largely, in our public men, the display of the peculiar statesmanlike qualities which he possessed in an eminent degree. We take from one of our contemporaries the annexed brief memoir of the distinguished and lamented statesman : Mr. DOUGLAS was a native of Brandon, Ver mont, and was born on the 23d of April, 1813. At the age of 15, having received a common school education, he was engaged as an ap prentice to the trade of cabinet making, but owing to ill health, he was compelled to relinquish his labors in the workshop. He then entered an academy at Brandon, after which we hear of him pursuing his studies at Canandaigua, N. Y., and afterwards at Louis ville, Cincinnati, and other places, out West, where he had gone to devote himself to teach ing school. He next took to studying law with success. Finally settling at Jacksonville, Illinois, at the age of 22, he was elected by the Legislature of the State Attorney General, an office which he resigned, a twelvemonth later, to take his seat in the Legislature as the member from Morgan County. In 1837, President Van Buren appointed him Register of the Land office, at Springfield, Illinois, shortly after which he ran for Congress, but was beaten by a Whig opponent by five votes. Fairly embarked now on the political current, -we find him very active during the memorable campaign of 1840, stumping the State and country for seven months, and making up wards of 200 speeches: In December, 1840, he was appointed Secretary of State for Illinois; in 1841, elected by the Legislature Supreme Court Judge,—and then, one year later, he was elected to Congress. In 1844, he was reelected, and again in 1846. He did not, however, take hie seat under the last election, having in the meanwhile been chosen to the IT. S. Senate for six years, from March 4th, 1847. Ia Congress, Mr. DOUGLAS took a prominent_ part in the Oregon controversy with Great Britain, and sustained the Democratic policy. As Chairman of the Territorial Com mittee, in 1846, he reported the joint resolution declaring Texas to be one of the United Statee of America, and was a vigorous supporter of the Polk Administration in the subsequent war with Mexico. As Chairman of the Terri torial Committee, first in the House and next in the Senate, he reported the bills to organize Minnesota, Oregon, New Mexico, Utah, Wash ington, Kansas and Nebraska, and also bills for the admission of lowa, Wisconsin, California and Oregon. So far as the question of Slavery was concerned, be early took the ground that Congress should not interfere, one way or another, but that the settlers themselves should be allowed to settle their domestic institutions in their own way. In August, 1848, however, he offered an amendment to the Oregon Bill, extending the Missouri Compromise line to the Pacific, in the same sense, with which it was originally adopted in 1820, prohibiting slavery North of 36 deg. 30 min., and by implication recognizing it South of 'that line. This amendment was adopted by the Senate, but rejected by the House. Then followed the sectional agitation of 1849-50, which lead to the Compromise Measures of 1850. In 1852, Mr. DOUGLAS was an unsuccessful candidate for the Democratic nomination for the Presi dency, though -in the National Convention he received on the 30th ballot 92 out of a total of 288 votes. At the Congressional Session of 1853-54, he reported from the Committee on Territories, the celebrated bill to organize Kansas and Nebraska, which effectually revo lutionized political parties in the United States, and formed the issues upon which the Demo- Credo and Republican organizations became arrayed against each other. In 1856, Mr. DOUGLAS was again an unsuccessful candidate for the Presidency in the Democratic National Convention at Cincinnati. In the Congres sional session of 1857-58, he led the opposition to the. Buchanan Administration, on the Lecompton Constitution—and before the ad journment of the session, he returned home to vindioate his action before the people of Illinoie, in one of the most exciting political canvasses ever known. The result of that campaign was his return to the U. S. Senate for six years, from the 4th of March, 1859, by a vote (in the Legislature) of 54 against 46 for Abraham Lincoln, his then opponent, now President of the United States. His views and opinions in relation to the war, now existing, have been too recently expressed to be recapitulated here. Senator DuroLes was married April 7th, 1847, to Miss Martha Martin, daughter of Col. Robert Martin, of Rockingham Co'., North Carolina, by whom he had three children, two of whOm are living. She died January 19th, 1853. He was again married Nov. 20th, 1856, to Miss Adele Cutts, daughter of James Madison Cutts, of Washington, D. C., Second Comptroller of the Treasury. CAPT. HEBERT A. HA.RIBRIGHT. The numerous friends of this gentleman - will be rejoiced to hear that he has been com missioned by the President a Captain in the Regular Army. Capt. H. is a brave and in trepid soldier, who gallantly fought under the stars-and stripes of his beloved country on the battle fields of Mexico, and was one of the first of our brave Pennsylvania volunteers to tender his services and that of his company to 'the Government in its efforts to suppress the rebellion- of the Southern States. We regret that the Jackson Rifles are to lose their *mnplished commander, but we are sure that the country at large will gain by his well-merited promotion. Should his life be spared, we hope to see Capt. H. at the head of s Regiment - before the war is brought to a close: '.there no braver or truer patriot, or bewg, Auslified officer, connected with the Army at the present time. 03111 OF' WIZ _BMUS: The Governor; at a late day of the :fusion of the Legislature, by request, sent in bills of supplies furnished the volunteers amounting to $108,250. It is unnecessary, says the Lebanon. Aditraser, to say what the character of the supplies ware, edam that they consisted of the most inseicient kind, and that the prices_ charged were tlatnigeolia. The uniforms, were charged atslO, wbloh auljdotiblthool. would be glad to farldith; • ofgood and end stantlal material at $4.. Every other article of the same character, bad and , high priced. Our purpose at present is only to give one of the bills, so that the tax payers may see how the Government is cheated, and also what care is taken by the government officials of the tax-payers' interests. When such a bill is rendered, approved of and paid by the govern ment officials we must believe that either the government officers are unfit for the positions they occupy, or that they are a party in the fraud. The bill alluded to is as follows Commonwealth of Pennsylvania, ; To ALFRED BLADE .2 00., DR. 1861. April 20. For osah. 33 bales 84 twilled blue flannel. 9 Owes 294 pieces 291 6 do 284 do 270 do 279 do 272 6 do 277 do 286 - 6 do 275 do 267 6 do 275. do 297 do 273 do 284 8 do 271 do 280 6 do 270 do 276 6 do 275 do 272 6 do 273 . do 286 6 do 271 do 272 6 do 271 do 271 6 do 268 do 246 - 6 do 298 do 180 8,942 yards, 9* *8,545 96 6 do 275 5 oases Canton Flannel. Net 6,144, 884 45, 892 46, 818 6147, 880 3,544, 9* 338 68 0. 2, t. 2,611, 932, 9 83 88 This bill is a rather careful repetition of items, but that is only done to confuse. Had it been stated in one line as might have been done, viz : 8,942 yards of blue twilled canton flannel, at n cents per yard, the fraud could have been detected at once.. Well, so many yards of flannel, at so many cents per yard, and the result will be, as any school boy would tell us, $834.59: But the bill calls for $8,345 96. This is a trifling mistake of over $7,500. The blankets furnished were pur chased from the importers by the contractors the same day they were delivered, at $1,70 per pair. The State was charged and paid $3,50 per pair. We subjoin the amounts of three bills as paid by the government, and also the cash price for which the same goods, of a much better quality, can be bought: Atn't Paid. Cask Prim. Uniforms and Pantaloons, $22 585 00 $ 8,991 00 Flannels, - 8.765 52 1,292 40 Blankets, ' 19,912 20 10,758 10 Total, , $51,263 72 $21,041 50 These three bills afforded stealings for some body of over $30,000. Is a committee of in vestigation necessary ? Where is " Honest " JORN COVODE ? MILITARY APPOINTMENTS Not long since, says the Harrisburg Patriot, orders were issued from Washington addressed to the Governors of the several States request. ing them to prefer graduates of West Point and persons of military experience in making appointments of officers of the army. The advice was certainly very good ; but we are sorry to'see that the authorities at Washing ton are not profiting by their own instructions. If some of the appointments already made from Pennsylvania can be accepted as a fair indication of the class of men that are to be thrust into important positions in the army, that branch of thri public service is in great danger of demoralization. Instead of men of military experience we find the lowest class of politicians selected to fill the highest posi tions, whose genius is better adapted to plan. dering than to fighting. Andrew H. Reeder is made a Brigadier General, B. Rush Petrikin a Colonel, John P. Sanderson a Lieutenant Colonel, and it is even rumored that Alexan der Cummings is to be made a Brigadier Gen eral for the purpose of qualifying him for the office of Quarter Master General—a lucrative, but not a dangerous position. George R. Smith was offered a Major's commission in the regular service but declined. Perhaps he could be prevailed upon to accept a Brigadier Generalship. These appointments, to say the very least of them, are not creditable to Pennsylvania, which abounds in men of approved military capacity from among whom to select compe- tent officers. NO BATTLE YET Contrary to expectation there has been no important battle yet fought with the rebels ; but, from the movements of the hostile forces, it is evident the conflict cannot be much longer avoided, and any day, or any hour, may bring us stirring news from the seat of war. Gen. SCOTT is perfecting his plans quietly and cautiously, and will only strike an effective blow when fully prepared—not a day sooner, no matter how much he may be censured by the New York Tribune and other Abolition prints for his dilatory movements. He knows what he is about, and is thoroughly acquainted with the mettle of the enemy—hence his pre caution and delay. When once fully prepared he will strike a powerful blow at the rebels— one which must result in their discomfiture. The greater portion of the troops encamped for sometime past in Chambereburg and vicinity, have left for Harper's Ferry. The First Regiment--in which are the Fenaibles and Jackson Rifles from this city—had not yet received marching orders at the latest ac counts—but were hourly expecting them. MR. BIIRLINGA.ME NOT ACCEPTED AT VIENNA. Advices have been received at the Depart- ment of State of the refusal of the Austrian Government to receive Mr. Burlingame as Minister from this country. This refusal is based solely on the conspicuous part taken by Mr. Burlingame in relation to the recog- nition of the Italian revolutionists, and has no reference to the present state of American affairs. Austria fully recognizes the right of the United States to put down the rebellion, and was the first European power to express her sympathy with our government in its course. We understand that Mr. Burlingame's re• jeotion will not require the Hon. J. Glancy Jones to remain at the Austrian mission until another appointment is made, as some persons have supposed. Mr. Jones has had hie final audience with the Emperor, and will leave Vienna in about a week. He is expected home about the first of August. RESPECT FOR HIS MEDIORY. Everywhere throughout the whole extent of the country, north of Mason and Dixon's line, the death of Judge DOUGLAS has caused the most profound sorrow, and in many cities and towns the flags were lowered to half mast, and other demonstrations of respect to his memory exhibited. His decease is a National loss, and especially so at the present time when true men to , the Union and the Constitution are so mach needed in Congress. His place in the Senate will be hard to fill, as he was beyond all question one of the ablest debaters in the body, and wielded an immense influence amongst the masses of his felloar•citizens. J Pennsylvania has now twenty nine regiments in the service of the United States, of which thirteen are for three months and sixteen for three years, if their aerviothrahotild be so long required, . • The Harrisburg Telegraph (Rep.) of the 22d ult., contained the following statement relative to the "Laura= Beef' Oontrici," about which so much• has been said by the press and by individual for the last tire or six weeks: - - "The Secretary of, War his reseindcd the beef oestniet with Gene Luau* that has been ereatibg so Such wkneation allot% the epeoculatoes . of the" country. It was. id-- - leged that by this contract, Unman was to have made a very large amount of money.k bat when the contract came properly before the Secretary of War, he at once restricted it .to the amount called for by the advertisement for the bid, which was only two thousand. head of cattle. The contract had been made with the Commissary of the War Department, without the knowledge or consent of General Cameron, which accounts for its extravagance, arid which will explain the conjecture it gave rise to, in iegard to its legality. Those in this city, who have made the rumor of this con tract the subject of so much unfair and unkind commentation will now have the opportunity either to recall their words, or leave them stand as the record or their misrepresentation and malevolence." To this, the Washington correspondent of Forney's .&us, under date of the 24th, adds the subjoined explanation: "So much has been rumored and written in reference to the beef contract, that a few authorized words may not be . inopportnne. "Mr. Lanman is one of four gentlemen who propped to supply the Government with beef in the darkest period of. our difficulties, when the Baltimore mob had fired upon our troops, had torn up our railroads, and when General Scott himself did not believe communications could be opened for many weeks. The Seces sionists refused to allow the farmers in the neighborhood to sulpply our citizens with food. Every necessary of life rose at once to the highest rates. So great was the panic, that many who now complain of this beef contract fled overland from Washington, paying ex— travagant sums in order to get away from what looked like the capture of the city. The rates under which the contract was accepted by the Government are, even now, regarded es moderate. If the communications had not been opened the contractors would have been ruined. 153,766 52 "The contract was made with the regular Commissary of the War Department, one of the sternest and strictest men in the service,' Captain Beckwith. It was promptly signed by General Cameron, Secretary of War, who believed that the Government had made a good bargain in securing the services of men who were ready to undertake the great risk of sup plying the troops and the city with beef. "It is a perfectly legal and just contract, and up to this time has not been abrogated or limited by the Secretary of War. The parties stand upon their rights, and rely upon the Government to sustain them." air The explanation would have been still more satisfactory to the public, if the names of the "four gentlemen" were given, who so magnanimously "proposed to supply the Government with beef" at $8 per hundred pounds live weight, by which they would pocket, in the shape of profits the snagJittle sum of about $600,0001 Besides, it appears, that the Telegraph: is mistaken in saying that the contract has been rescinded by Gen. Cam eron. " Occasional" avers that it is " a per fectly legal and just contract," that it was signed by the Secretary of War, and that it has neither been "abrogated or limited" by that functionary. stir On the deeease of Mr. DOUGLAS being announced at Washington, the following order was issued from the War Department: WAR DEPARTMENT, Jane 4, 1861. The death of a great statesman in this hour of peril cannot be regarded otherwise than as a national calamity. STEPHEN A. DOUGLAS expired in the commercial capital of Illinois yesterday morning at 9 o'clock. A represen tative of the overpowering sentiment enlisted in the cause in which we are engaged—a man who nobly discarded party for his country—a Senator who forgot all prejudices in an earnest desire to serve the Republio—a statesman who lately received for the Chief Magistracy of the Union a vote second only to that by which the President was elected, and who had every reason to look forward to a long career of usefulness and honor—a patriot who de fended with equal zeal and ability the Consti tution as it came to us from our fathers, and whose last mission on earth was that of rally ing the people of his own State of Illinois, as one man, around the glorious flag of the Union, has been called from the scene of life and the field of his labor. This Department recognizing in the loss, one common to the whole country, and profoundly sensible of the grief it will excite among mil lions of men, hereby advises the Colonels of the different Regiments to have this order read to morrow to their respective commands, and suggests that the colors of the Republic be craned in the mourning in honor of illus• trious dead. (Signed,) SIMON CAMERON, Secretary of War OEN. PATTERSON'S PROCLAMATION, HEADQUARTERS DEPARTMENT OP PENNA.., CHAMBERSBURG, PENNA., JUNE 4th, 1861. To the United States Troops of this De. The restraint which has necessarily been imposed upon you, impatient to overcome those who have raised their parricidal hands against our country, is about to be removed. You will soon meet the in surgents. Yon are not the aggressors. A turbulent faction, misled by ambitions rulers, in time of profound peace and national prosperity, have °coupled your forts and turned the guns against yon; have seized your. arsenals and armories and 'appropriated to themselves tiovernment supplies ; have arrested and held prisoners your companions marching to their homes under State pledge of security, and have cap tured vestals and provisions voluntarily assured by State legislation from molestation ; and now seek to perpetuate a reign of terror over loyal citizens. They have invaded a loyal State and entrenched themselves within its boundaries in defiance of its constituted authorities. You are going on American soil tg sustain the civil power, to relieve the oppressed, and to retake that which is unlawfully' held. You must bear in Mind that you are going for the good of the whole country, and that, while it is your duty to punish sedition, you must protect the loyal, and, should the occasion offer, at once suppress servile insurrection. 811001385 will crown your efforts ; &grateful country and a happy people will reward you. By order of Major General ParrEnsoN. F. J. PORTZIB, Amistant Adjutant General. CONSiEgIIENOES OF SECESSION. As a consequence of the present rebellion in the South, business is more or less injuri ously affected all over the country. But in the South " hard times" are most seriously felt. Business there has not only diminished, but, in nearly all the commercial towns, is absolutely destroyed: As a sample of how the thing works, we quote the following from a statement recently made to the editor of the Baltimore American: " The prostration of business at Ports— mouth and Norfolk is most thorough and complete. The navy yard, the truck trade, and naval stores, .on which the business and almost existence of the two cities is based, have ceased, and were it not for the abundance of vegetables and fish, there would be much suffering among the poor. The truck garden ers are giving away their peas and straw— berries to any one who will take the trouble of gathering them. A great many of the immense pea fields have been plowed in for the purpose of planting corn. The crop of Barden truck and strawberries shipped to altimore, New York. and Philadelphia, last year, during May and June, yielded $400,- 000, and the yield this year was confidently expected to amount to not less than $600,000. " DEATH OF AN ARMY OFFICER. Brigadier General • Joint GARLAND. a well• known officer of the U. B. Army, died in New York, on Wednesday last, in the 69th year of his age. lie entered the army, from Vir ginia, in 1812, fought through that contest, and afterwards in the Florida war, and took part with the Fourth Infantry in every battle on Soott's line of march from Vera Cruz to Mexico. COL. IIZLLIr Nov Natl.—Col. Kelly, who was wounded at the aotion with the rebels at Phillippi, Va.; on the 3d inst., is not dead, as teported. He was severely wounded in the breast with a ball, WidSh hsa ehioe . bein az. fractal, and there are haw of his recovery. partment : - IrEIIiIIPIZNSSYLVANL& This bill, passed at the late extra session of the Legisliture, after providing for , a loan of $3,000,_000 for war purposes, the appointment of one Major General and two Bripdier -4 811- ersls, by the Gomm% La!, Pio." vision for the families of the gallant ,men, who lave volunteered to assist in suppressing ths rebellion in the South, aifollows: Sze. 14. That the Aesociitibt Judges:of the Court of Common Pleiland thetonnty Com - - miss' loners of the several counties of this Commonwealth shall constitute a board of relief, to meet monthly, or as often as they find necessary, at the office of the commission ers, and upon reas o nable Claim or Buggestion furnish such amount of support or relief to each individual case as they may deem equita ble and proper for the families or persom resident in their respective counties, heretofore in any degree dependent upon such volunteers as have been enrolled and mustered into per vice from their several counties, under orders from the Governor of the Commonwealth, daring the exigencies of the general govern ment, the claims or suggestions of such relief, to be made in writing, setting forth the facts of the case, with such proofs and verifications as the board may require, and to be filed in the office as vouchers for any payment which may be made thereon; payments for,,relief to be made by orders drawn in the usual form, with an endorsement on the back of - each, `issued by the board of relief,' which endorse. meat shall be signed by one of the associate judges ; if it shall be found requisite by the commissioners of any county within the com monwealth, they are hereby authorised and empowered to make a temporary loan or loans at a rate of interest not exceeding 7 per cent. per annum to carry into effect the measures of relief provided in this act. Provided, That all arrangements made by the several counties of this State for the support of the families of the volunteers mustered into the service, are hereby legalized and declared to, be . in full force, until the provisions of this act are , car ried into effect. See. 15. That it shall be laWfil for the proper authorities of any county within this commonwealth to assess and levy a tax for the payment of such appropriations as may have been or may hereafter be made by such authorities for the relief of volunteers, or of their families, or both, which volunteers shall have been or may be received into the service of this State tit the United States, in the pros ent exigency, of the country. Provided, That such assessment shall not in any one year exceed two and one half mills upon the. dollar of the taxable property of such county . ; And provided farther, That all loans heretofore negotiated or moneys borrowed by any county, pity or borough for the purpose aforesaid, are ratified and confirmed, and the bonds or other evidences of indebtedness issued or to be issued therefor are hereby made good and valid; and that all appropriations heretofore made or to be made by county commissioners tir municipal authorities, for the purpose of arming or equipping volunteers, or for the relief of their families, are hereby legalized and shall be al lowed them on the settlement of their accounts, as caber payments are by law allowed. Sac, 16. That in this case any soldier shall die after being mustered into the service of the United States or of this State, leaving %widow and minor children or a minor child under the age of fourteen years, the mother of such mi— nor or minors shall receive eight dollars per month from this State for the term of five years, unless all such minors shall, before the expiration of five years be of the age of four teen, or unless she or they receive a pension from the United States ; if such widow die , or marry before the expiration of said 5 years. such pension, from the time of such death or marriage, shall go to the support of such mi— nor child or children as are then living. . LAST HOURS OF SENATOR. DOUGLAS The sad event of the morning, says the Chicago Icrurnal, of Monday evening week, has thrown a shadow of profound gloom over the entire city. Hon. Stephen A. ,Douglas expired this morning, after lingering weeks of illness, of alternate hupe and fear, at eleven minutes past nine. The early bulletin at the Tremont. House announced that there were no hopes of his re oovery ; a second, "Judge Douglas is dying; as we now write, the third, the simple an nouncement, "is dead," finds a mournful res ponsive echo in every heart. For a week past the lamented deceased has been only semi conscious. Though recogni zing his friends he has been unable to locate them, and his mind gave out confused, frag ments of the great thoughts with which his giant intellect was wont to grapple. The last week was an anxious one of, hopes and fears,and as we went to press on Saturday evening,-more favorable symptoms inspired the belief in his friends that he had passed the crisis, and that he would again be spared in this hour when his country so much needed his strong arm and his experienced conneels. His physicians, men of experience and skill, used every resource of their profession to take advantage of these favorable symptoms, but in vain. At twelve o'clock last night he failed to recognize his most intimate friends and became totally unconscious ; at three o'clock he com menced rapidly to fail and his unwilling physicians pronounced him beyond hope.— Their only duty left was the mournful one of easing his dying hours. He gradually failed, seemingly without pain until eleven minutes past nine, when the lamp of life was extinguished without a sigh or a struggle. His devoted and loving wife re mained with him to the last moment, solacing him as best she could, buried under the weight of the deep affliction. Madison Cutts,, his brother•in.law, Miss Young of the Tremont House, B. G. Caulfield, and Dr. Hay were also present. His death was peaceful and tranquil as the melting away of a summer cloud at evening, and the mourning watchers were alone with all that was earthly of Stephen A. Douglas. THE FUNERAL. CHICAGO, June 4.—At a meeting of various committees, consisting of the State and muni cipal authorities and others, held this morning, a committee was appointed to present to the family of Judge Douglas, the unanimous wish of the people of Illinois, that his remains should be permitted to remain in this State for inter ment. Colonel Richardson, as the organ of this committee, performed the delicate duty of communicating to the family the wishes of the committee, and at a general meeting here, Mr. J. D. eaten reported that an affecting. , inter view had taken place between 'Colonel Rich. ardson and Mrs. Douglas, the result, of which was, that in due appreciation of the spontane ous expression of the wishes of the people of Illinois, that the remains of the illustrious dead should be interred in this State, that she yielded with pain, but not with reluctance. - It is the desire of Mrs. Douglas that his re mains be interred at Cottage Grove, near the lake shore, so that she may be enabled to reside in the immediate vicinity. No more appropriate place could have been selected.— There is already a monument there, erected by himself, of enduring honor, in the magni ficent institution of learning built by his liberality. Tho.reportof Mr. Caton was acceptqd, and a meeting was immediately held to make the necessary arrangements for the funeral, which will take place at 10 o'clock on FridaY next. The Chicago Tribune of this morning, de• dares in favor of a Douglas Democrat for the vacancy in the United States Senate, and urges Governor Yates to make such a selection, say ing that it becomes the Republicans now to prove their faith in the unanimity of the North by this recognition of the patriotism and fidel ity of their former antagonist. Catceoo, June 7.—The obsequies of Hon. Stephen A. Douglas took place to day in this city, with much solemnity, according to the services of the Roman Catholic, Church, of which his widow is a member. The turn-out of people was immense, and all business was suspended. He was buried at Cottage Grove, south of the city, on property belonging to him near the shore of Lake Michigan, where the Baptist University is situated of which he was a liberal benefactor. GLORIOUS UNION VICTORY At a special election held in the 7th Con gressional district, of Ohio, on Tuesday last, to 'supply the vacancy occasioned by the res ignation of Mr, Corwin, appointed Minister to Mexico, Hon. RICHARD A. asitaxsorr, the independent Union candidate, was trium— phantly chosen by a majority of 561 over AARON HeatAys, the straight•ont Republican candidate. Mr. Harrison is represented as a man of decided ability, and will make a valuably member •of Oongess. The people of that district have ignored party in the righ t way, despite the' effoibr of the 'Republican LOCAL DEPARTMENT. , Bentsen Tuff. Teame. 7 ...-A new schedule lbeptasenger tribes on tba Pennsylvania Railroad went Into operation on yasterday width, it will be asen,involves Dome ImPlittaat changes,: The trabes wow hays tbla city - surfvum. Jut 1,610---;:-2412 a. as. taargoar Aaampalt 404%. Thaaarb. k0r.„.1.0 al. A 11011111143 14 .0. Area zado....—:..ta w . . ThroV an. i Ikcpramt-ifila: 111. Mail —lo,llon. zn. Mt:,ft Ai. Ms ULM) a. re. Magelgbrg lonitn— &gip p. . at m. .. Neuter Algamo.4:4llt 0. at. MIL Joy Ac. No. p. m. Emigrant Train... 11.55 p. m. .••• Dresnitras or Tan Mirsrenr.—The Union Guards, Capt. Banos, Laneester Guards, Capt. Nm, and asta Harbor Artillery, 13apt.. Ham left In the 9 a. m. an Tuesday last, for Clamp Wayne, at West h eee. Great crowd' ar gaggle lined the sidewalks along te route to the depot. and It the latter place an Immense throng was congregated. The gallant tallowy all left in the moat buoyant of spirits, and we loam that they - are delighted with their location and camp Ma These three companies are attached to what is ea/led the Reserve Corps of Penn sylvania, and are satiated lite three years or linring the war. As soon as we can obtain a correct of the of and privet= of each al the above companies, which has been promised iss, we shall publish it. Two of the employees of Tbe Intelligences" alike are at tached to our city companies, vie: Wrulex W. (lox to the Union Gunnbr, and Camas CrNsui. to the Lancaster Guards. Both are young, active; athletic and intelligent, and I/there tiany lighting to do they will not shrink from it. We tender them our cordial wishes for a oontinnance of their wonted health and Writs, that the enemy's "shootingeticke may never send a ball in close proximity to their paeans, and that they may return to the tend of the "loved ones at homer at the close of the war.— Bent's oar air on that, Welter and Charley- -' TRIAL 'AND PUBLIC SAM oil MOWING MA mirszs,—we direct the attention of our agrieulturafised; as to the advertisement In another column with the above heeding. Allen's Mowers have an extended reptitatkolfor doing their work in the right mannei. The trial and aide will take place on the of Mr. gamma lisusman, half a mile Southwest of th e , on the Manor turn ike.p AEMY SURGIZON.—Dr, E. DE W. 11112NIMAN, of this city, who was examined at Warrisbutx, week before hat, by a Board of Burgeons, hail received the appointment of Asalatant Burgeon In the Army, and is ordered to Camp Wayne. at West Chester, Dr. Breneman is a recent grad uate of the University of Pennsylvania, at Philadelphia, and was formerly a student under Dr. Henry Carpenter. AN IMPORTANT Law.--The following im portant law was passed at the late session of the Legida. taro, and approved by the Governor. We publish it for the information of the public. Great ion and inconven ience has been experienced by the for of inventories and appraisements, caused by their baviag been taken from the Register's Office by parties concerned, and not return. ed.' This art will overcome the difficulty: Be it enacted, dr-, That from and after the passage of this act, the Register of Laneastar county is hemby _au thorised and required to place upon record, in a fltir and legible hand, in a hook or books, to be provided by the Dainty of Lancaster for that purpose, all inventories and appraliements of deoedenfa'estates. The fees to be .the same as those received in similar cases now performed by the Register. • MOUNT JOY BANS: At a meeting of the Directors' of this. Institution, held on the Mat alt., the President, Abraham Shelly, Dm, resigned, and J. O. Roemer, Req., was elected to all the vacancy. Mr. Shelly's resignation was canoed by the. bad state of his health, which rendered him unable to attend to the duties of the post, in connection with his private bnainess, satisfactorily to himself. Mr. Roemer will prove to be an acceptable officer. We learn that the Bank will shortly Issue the mill notes authorised by the act of the last Legislature. STABBING ArTBAY.—On Sunday evening last, says the Manheim Sentinel of Friday, the quiet of our Borough was disturbed, and an unusual excitement prevailed for some time, caused by the fact that Harrison Frank, driver of the Lancaster accommodation hack, had been stabbed by Abraham Shridner, who resides near this town. It appears that these men had an altercation a fbw weeks ago, in which Shreiner had one or more accomplices, and Frank got the worst of it, when he stated that he would settle the matter with Shreiner on some other oc casion. In tbe meantime Shreiner, it is said, procured a large dirk knife, and expressed his determination that if he fell in with Frank he would stab him. On the evening above mentioned Frank was sitting in front of the W ash- Ington House, where he resides, and, Shreiner approach ing, Frank arose, stepped tip to him, and demanded to be shown the dirk, and that quickly, with which be was bragging he intended to kill him, putting himself at the same time in an attitude to strike. Shreiner thereupon drew the knife, and Frank backed, but Shreiner rushed upon him, and inflicted a wound in the region of the stomach. Frank then stooped, and picked up a piece of board with which to strike 'gm, but mined, when Shrei. ner turned and stabbed him a second time, and then made off. A number of persons, including officer Young, soon captured him and took him to the office of 'Squire Shaffner, who committed him to prison, where he now lies awaiting his trial at Court. Frank was severely wounded, and is still in a very precarious condition. • THE MONAVIANS ON THE CRlBll3.—The Mo ravian-Synod, in session week before last at Linz, unani. measly adopted the following preamble and resolutions, reported by J. B. Tshudy, (chairman) Martin Houser, and J. Aug. Lackenbach, committee on resolutions : Winzutas, the Provincial Synod of the Northern District of the Moravian Church In the United States, now as sembled at Wiz, Lancaster county, Penna., feel it just and proper, that in common with ourbrethren of other religious denominations, we should express our deep interest In the present unhappy and gloomy condition of our once happy • and prosperous country; inasmuch as it is a duty enjoined upon us by the Head of the church, in the commandment "to render toCresar the thing, that are Caner's. and to God the things that are God's :" Do hereby Resolve, 1. That, while we,.as citizens of the United States, and as members of the Moravian Church, deeply deplore the calamity of civil war in our land, we acknowledge the chastening hand of God, and humbly bow to the decrees of Him who holds the destinies of nations In Hie hands : 2. That while we acknowledge and submit to that Power, we also. acknowledge "the powers that are ordained of God" over us, and therefore declare our continued and no. abated allegiance to the government and the constitution of the United State', and of the several States of which we are citizens. 3. That in acknowledging our constitutional government, and the liberty and blessings which we have been p er mitted to enjoy under it we, as members of the Moravian Church, deem It our duty to extend to it our hearty sup port in its efforts and measures adopted to uphold the constitution, and maintain the integrity of these United States, and to perpetuate to ourselves and to our children the liberties and blessings of our republican institutions ; that we, as a church, may continue to lead under them quite a quiet and peaceable life in all godliness and honesty. . 4. That we will continue to unite in ardent prayer, that the Lord may grant unto the government of the United States, in tbetie times of danger, His gracious counsel, and continue to be the gracious Protector of these United Staten, and our national constitution ; that He may defeat every evil design against us, and continue to show His tender mercy unto these United States as in days . past; that He may, in His tender mercy, atop the effusion of human blood, and make discord and war to cease; and that to this end, He may put into the hearts of all citizens of these United States thoughts of peace, that we may see it soon established to the glory of His name. 5. Thai we will in our prayers, also remember those, who, in obedience to the call of their country, have left their families and homes, and gone forth to protect our insulted flag, and in support of our constitution and laws, that the Lord of Hosts may strengthen and uphold them, in the hour of distress,. especially when in the arms of death, prove to them their only trust and consolation ; and that He may comfort and dry the tears of.parents brothers, slaters and friends ; and protect the widows and fatherless children of those, who, under His divine dispensation, sacrifice their lives in the cause of our beloved country. DEPARTURE OF TRAINS. AND °LOSING OF THE Ems AT vine CITY Poer Orrlon—The different Passenger Trains on the Pennsylvania and branch railroads leave this city as follows: Fast Line Through Express Lancaster Accommodation.. Harrisburg Accommodation Mall Train Through Express Mail Train Mount Joy Accommodation, No.l Paid Line Harrisburg Accommodation...... ... Laricacter Accommodation • Mount Joy Accolimodation, No. 2 Emigrant Train mem or MILS BY BAILIOLD. , Eastern Through Mall—For Philadelphia, New York and Eastern States, at 8 a. m., 8 ito p.and 9 p. in. Way Mall East—For Philadelphia and offices, at 8 a. m. Western Through Mail—For Harrisbu'rg, Pittsburg and Western States, at 10 a. m., and 9 p m. Way Mail Wast—For Landleville, Elizabethtown, Mount Joy, Middletown, Harrisburg, Lewistown, Huntingdon, Tyrone, Altoona, Hollidaysburg (and Way Mall between Altoona and Pittsburg) at 10 a. in. Southern Mall—For Columbia, York, Baltimore, Washing- ton, D. C., and other points South, (except the Seceded States,) at 10 a. m. Baltimore 'and Washington, D. 0., 6.30 and 9 p. m. Pittsburg Through Midi, at 1.80 and 9 p. m. Columbia, York and Harrisburg, at 10 a. in., and 51.6 p. m. For Strasburg, via: Canaargo, Quarryville, Martinsville, and New Providence, at 8 a. in. ARRIVAL OF MAILS lIT Through Mail East 100 a. m., 1100 a. m., and 2.10 p. m -Way Mail East ..... .. ........ .............._............1L00 a. m. Through Mall West . 2.42 a. m., 10.45 a. tn., and 2.10 p. m. Way Mail West 8.40 a. in., and 7.12 p. m. Southern ?fail 8.08 p. m. CLOSING OF MAILS ON SHE STAGE ROUTES. For Reading, via: Renville, Litis, Rotharille, Ephrata, Reamstown, Adamstown and Gouglersville, daily, at 8 a. m. For East Hempfleld, Manheim and White Oak, daily, at 8 a. m. For Millersville and Blarkwater, daily, at 1 p. m. For Safe Harbor, daily, at 1 p. m. For Hinkletown, via: Landis Valley, Oregon, West Earl, and Farmemille, daily, at 2 p. m. For Paradise, via: Greenland and Boudersburg, daily, at 2 p. m. • For Lids, via: Neffsville, daily, at 2 p. m. For Strasburg, via: Fertility and Wheatland Mills, daily, at 2 p. For Lampeter, dail at 2 p. m. For Phcenitville, v ia: New Holland, Blue Ball, Goodville, Churchtown, Morgantown, Honeybrook, Cheater Springs, and Rimberton, daily, at 1 p. m. For Port Deposit, Md., via: Willow Street, Smithville, Buck, Chesnut Level, Green, Pleasant Grove, Rock Springs, Md., and Rowlandsville, Md., Tri-weekly, Monday, Wednee . day and Friday, at 6a. m. For Colebrook, via : Swarr's Mill, Old Line, Sporting Hill and Mastersonville; Send-weekly, Wednesday and Fri day, at 8 a. m. For Voganavllle and Terre Hill, daily, at 8 a. m. For Liberty Square, via: Cone:dogs, Marticville, Coleman vine, Mount Nebo, Bethesda and Rawlinaville, Semi weekly, Wednesday and Saturday, at 1 p. m. Office hours, from 7a.m. to 8 p. m. On Sundanfrom 8 to 9 a. m. Postage to California, Oregon and Washington Territo- Letters, alleged to be valuable, will be registered, and a receipt given therefor, on application and payment of the registration fee of Ivs cents, in addition to the regular vitae. All km they latent ara required to be pre•pild with star* before mailed. Joint J. Comniew, Postmaster. —The following instructions from the Poet Office Depart ment are published for the information of the public: June Ur., 186 L ALL POSTAL SERVICE in the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Ws absdppl, Louisiana, Arkansas, and. Texas, his been sus. peuded from and after May SW. Letters from offices temporarily closed by this order will be sent to the Dead Letter 0M l , except three for the fol lowing Counties in WESTERN VIRGINIA, which will be sent to Wheeling: Hancock, . Taylor, - Jackson, Brooke, Harriso Mason, Ohio, Doddrld ge , Putnam, Marshall, Tyler, Kanawha, Wetzel, Plessanta: Webster, Monongahela, Ritchie, Clay, Preston, Lewis, Roane, Berkley, Braxton, Calhoun, Randolph, Gilmer, - . Clabell, UpatierWirt, Wayne, ' Beriboni, Wood, . Marion. The Postmaster at Memphis, Tsunamis, having refused to distribute the mail matter sent to that Uttar, the Post master General has directed the following:order' to be Laud: PON °MCI Dintsmciar, Amontricers Ormen—The Post Me at Memplds, Tennessee, la Mirindlnued; The Postamatordeneral ordars all' Postmasters to forward to the pied latter,ar Wathlngton Alt• mall. twitter isliieh la dimmed to that Moe. JOHN A. BABSON, Skit Militant Postimatar darteral. DELICIOUS STRAHEERRIES.—"Mr. JOHN KIN - sontr, residing at - the well-known garden of Mr. C. H. La. Lorre, on the Philadelphia turnpike, lost outside of the city limits, sent on, on. Priday_last, a box of Qui most de- MO= Stratrharringwe bun Lead this season. The Junloea thanks and Hume of the employara of The Intelli gencer establishaMattire basally tendered to Mr. K. for his aereptabisrpreeent.lo which; it is needless to say, they did All Nalco. He fornlsheu-Strawberries to Ids city castor*. TIdBUTI OP 'RESPECT' TO TES LATE 00811 PEI EtotnetillEnslt—At astabmi meeting of the Board of. Dhee• ton of ibe Beading 'tad Columbia &dined, held on the ittstc . ' at BUOlthein*El4. in this city, it was nnant• esolved, Thar With feelings.of -deep and sincere grief we mourn over the loss of our late worthy President. Joe. eph Konigmacher, Esq., who, by the dispensation of Prov Mance has been removed from our midst at a period when his valuable services would have been acceptable to no in our endeavors to connect by railroad the great commercial emporium of the country with the Capital of the Nation, of which our road farms the last connecting link, to which be always assiduously devoted his noble_ talents, precious time and IndefaUgable energy. • _ffleackeed„ • That we warmly sympathise with the beveived famUy and friends of the deceased, and we hereby tender to them our condolence in this their season of sorrow and affliction. Resoina That a co y of these resolnUons be sent to the family of the deeee d, and, be palliated in the Lama= Tai LUTHERAN bYNOD'S SYMPATHY POH OUR Bum Vommriscut—The Annual Session of the Evangeli cal Lutheran Synod was held in Philadelphia week before lash The following resolutions, £O., concerning the vol unteers, we extract from the proceedings of Tuesday.— They mat be of Interest to the many Lutherans In this section: The committee appointed to prepare resolutions in rafts- MOO to the wants of the many volunteers connected with our Lutheran Ohara, for the consideration of the German Xvangelical Lutheran Bysod of Pennsylvania, ham the honor to report: • 1. That with all true friends of our hitherto favored country, we earnestly deplore the present melancholy con • ditien of the Union. 2. That in firm reliance to the Infinite mercy, wisdom and faithfulness of Almighty God, we trustfully hope that the-bright artealdne of day will again rise forth out of the present dark night of gloom. 8. That we especially keep in view the duty of unalter able fidelity to the anion, and of conscientious obedience to the lawfully constituted authorities of our country; and that we will cheerfully do all in our power to promote and secure the perpetuity of our Union. 4. That we gratefully remember the faithful defenders of - our country, commending them in our earnest prayers to the rich and tender mercies of God, whilst at the same time we will do all In our power to relieve and comfort the peculiar clue of sick and suffering soldiers to whom our attention has been so specially called by our dear brother Passavant. In this connection the committee propose farther, • (A) That it be made the duty of all minister: in this body to lay before their congregations a statement of the suffering condition of our sick soldiers, and especially of the entirely German portion of these. (B) To encourage the members by their voluntary and liberal contributions, to enable our Christian sisters' as deaconessee, and who have undertaken the arduous duty 'of nursing the sick soldiers, effectually to carry on their benevolent and selfeacriticing labors—inasmuch as the Government in view of multitudinous responsibilities, has not been able itself to make provision for this branch of service. (0) That all such contributions be placed in the hands of our Treasurer Rev. Dr. C. W. &barer, to be by him transmitted to Rev. W. A. Passavent, Director uf. the Des. coness Institute, Pittsburg; the Executive Committee of the Synod being authorised immediately to advance such mm as the missionary treasury may warrant, to be replaced out of the contributions which shall be given for this ob ject hereafter. Further, inasmuch as so great a proportion of the vol• unteers from the State of Pennsylvania, and other States, are known to belong to the Lutheran Church, and realis ing the responsibility of our Church most especially to provide for the spiritual welfare of her members called from their homes in defence of our country; therefore, be furthermore Resolved, 1. That tax, Synod call and appoint our be loved mid highly esteemed brother Rev. W. A. Passavant to bathe missionary chaplain of oar Synod In the volun teer armies of the United States, guarantying the requisite support to sustain him in this field of useful labor. 2. That the Executive Committee be authorised, in con• nection with brother Passavant, to make such further ar rangements for the spiritual wants of oar soldiers, as time and circumstances may render needful. The report and resolutions were read and unanhnonaly adopted by the Synod. NEWSPAPER PUBLISHING. A veteran editor, after an experience of a quarter of a century—just the length of time we (the senior of the Intolligencer) have been in the service—gives his opinion of the corn moo honesty of mankind. Hear what he " We have tried the business for more than a quarter of a century, and regret to say that our estimate of the aggregate honesty of man kind has been considerably lowered. There is a great deal of latent, undeveloped rascality in the race, and if. a man has any of its com position be is sure to exhibit it when his news paper subscription becomes due. Within the last ten or fifteen years we have been engaged in the business, we have lost enough money, through the rascality of our customers, to make a man of moderate desires rich ! Many of those who owe us these small amounts— from five to fifty dollars—are rolling in wealth, and could pay any day in the year, if they wished to do so. Many others belong to the migratory tribe, who are here today and in Texas or California to-morrow. Others belong to a class quite numerous, who write to the editors to send them papers, and they will pay when they gather their crops or do some thing else ; but pay-day never comes; and finally, after sending the paper for four or five years, it is ascertained that they never were worth a snap l Another class of losses grows out of the negligence of potitmastere. A subsorib*, after having taken the paper for six months or a year, leaves the country with out giving the editor notice, and after four or five years have elapsed, he happens to meet with the postmaster, who most magnanimously informs him that his subscriber has gone to ' parts unknown, and that, if he wishes to get any pay foi; his paper, he had better stop it or, after suffering the paper to come for two or three years, he writes to the editor that, ' for the second or third time, he will inform him that the paper is not taken out.' " These losses, and various others we might refer to, absorb the profits of the business to such an extent as greatly to discourage those engaged in it. " Although we hive had our full share of non-paying subscribers, and have been worse swindled than any publisher we know, we . take much pleasure in saying that we have on our books the names of many gentlemen, whose punctuality, through a long series of years, always paying in advance, entitles them to be rated as the salt of the earth.' Oh, for an increase of the number. .2.42 a. m. .10.45 a. ILI ..8.40 a. m. :.5.08 p. m. .7.12 p. m. " Occasionally some one long in arrears, moved by a tardy sense of justice, pays his long-standing indebtedness. We regret that these oases are so rare." ....1.01 a. m ...10.49 a. m —ll.OO a. m ....2.10 p. m p. m. .._7.44 p m. p.m 56 p. m. IMPORTANT FROM PARIS. Napoleon 111. and the American Crisis— France O f fering to Mediate. The Paris correspondent of the New York Express writes from that city as follows: Paws, Tuesday, May 14th, 1861. On Sunday last, at 2 o'clock p. m., the Em peror Napoleon received Mr. Charles J. Faulk ner, Minister of the United States to the Court of France, who had demanded an audienee, for the purpose of presenting his letters of recall. The interview took place in the throne room, at the Palace of the Tailleries. After some preliminary remarks, of a personal char acter, the Emperor unreservedly expressed to Mr.*Faulkner his profound regret at Ole un— happy dissensions now existing between the two great sections of the American Union, and asked whether the friendly mediatiop of France would be acceptable if the offer were . made. Mr. Faulkner replied that he possessed no information of a character to warrant him in giving a direct opinion; but he, had no hesita tion in declaring that, if the interposition of any foreign Power would be admit:sable, that of France, which had aided the Thirteen Col— onies in their struggle for independence, and had remained their constant friend since the organization of the Federal Government would certainly be looked upon, by both the North and the South, as most worthy of their mutual confidence; particularly as France had never, directly or indirectly, manifested any desire to meddle in the domestic affairs of the United States, and had always exhibited a sidcere and disinterested synipathy for the whole Union, irrespective of section. The American people, he was certain, would not refer to the arbitra tion of any European Power the questions which are the causes of the present troubles ; but the amicable mediation of France might have the effect of inducing a suspension of hostilities, and enable the North and South to. settle their differences without the effusion of fraternal blood. . The Emperor said be feared it might now be too late, and that civil strife had gone too far to be stopped by an appeal to the dictates of reason; but, if he could be the means of averting'the horrors of a war between Ameri. can brothers, he would esteem it a high priv ilege to offer the friendly council of France. The Protestant Episcopal Convention, at Burlington, N. refused, by a vote of 68 to 8 to trouble themselves, in any way, with be "state of the country." Considering them selves a strictly Ecclesiastical body, they did not think it worth while to appoint a speciid committee, nor to start a debate, on the mar, or the causes of it, and so Only "shut down" on a proposition that was before them. with some such purpose in view. . HON. JOHN BELL A BEMBISIONOT.-.A. dir patch from the South, states that the Non. John Bell made a speech .at Knoxville on the 4th inst., in which he urged war,to,the death against the North, anttdeelaredltbat five 'mil. lions of our soldiers could not conquer the South. .. SENSIBLE. THE HABEAS CORPUS . CASE. OPINION OF THE CHIRP JUSTICE OP - THE 'UNITED STATES. tl fetes* the abler Jae es of the Ors. Zeiss,* JoltsM art. preme Court of the United . State; at Chambers. . ' • -The spoliation' in this cue for a writ Of.habeas mrpus is made tome under the 14th eaction of the Judiciary Act of 1189, !Web renders .effeetnaltbr the 'citizen the condi tutinsal Petvilegi of the writ athabaseacepus That act J to OW co Lean the United States; as well. as to each Jalltbal arthe annum* Court, and to entry District Judge t sower to Vent twits of habeas arreneklor the 10lerne . .an inquiry Into the camas of twielndtment. The petition was preeented to me at Washington, under the lintalledeat that I would order the prisoner to be brought before these, but as he wee confined in Fort hiallenry, at the city of Baltimore, which is in my circuit, I resolved to hear it in the latter city, as obedience to the wilt, under such circumstances, would not ,withdraw General Cadwallader, who had him in charge, from the limit' of his military command. The petition presents the following case: The petitioner resides In Maryland, In Baltimore county. Whlle pesos ably in his own hones, with hie family, it was, at 2 o'cloale„ on the morning of the 25th of May, 1861, entered by an armed force, professing to act under military orders. Re was then compelled to rise from his bed, taken into ens. tody, and conveyed toFort MeHenrY, where he was bigots oned by the commanding officer, without warrant front any iniehd authority. - The commander of the fort, General George Cadwallader, by whom be is detained in confinement, in his return to the writ,does not deny any of! the facts alleged in the pe- Sidon. He states that the prisoner was arrested by order of Gen. Heim. of Pennsylvania; and conducted as a prisoner to Fort McHenry by his - order, and placed in his (Gen. Cadwallader's) custody tole there detained by him az a prisoner. A copy of the warrant, or order, under which the pie over was arrested, was demanded by his counsel, and re. hosed. And it is not alleged in the return that say ape. ciSc act, constituting an offence against the laws of the United States, has been charged against" him upon oath; but be appears to have been arrested upon general charges of treason and rebellion, without proof, and without giving the names' of the witnesses, or specifying the acts, which, in the judgment of the military officer, constituted then crimes. And having - the prisoner thus in custody upon these vague and unsupported accusations, he raltutes to obey the writ of habeas scrims upon the ground that he le duly authorized by the President to suspend it ,The case, then, is simply.this. A military alms, residing in Pennsylvania, issues an order to arrest a citizen of Maryland, upon yaw:mend indefinite charges, without any proof, so far uit appears. Under this order house is 'entered in the night; bets as a prisoner, and con veyed to Fort McHenry, and there kept In close 'confine ment. And when • • habau corpus is served on the nom. minding officer, requiring him to products the prisoner before s Justice of the Supreme Court, in order that he may examine into the legality of the imprisonment, the answer of the officer 14. that he la authorized by - the Presi dent to 'upend the writ of habeas corpse at his discretion, and, in the exercise of that discretion, suspends it in this case, and on that ground refines obedience to the writ. As the cue comae before me, thereSsre, I understand that the President not only claim{ the right to suspend the writ of habeas carper himself,' at his discretion, but to delegate that discretionary power to a military officer, and to leave It to him to determine whether he wilier will not obey judicial proem that may be served upon him. No official notice has beei given to the Courts of Justice, or to the public, by proclamation, or otherwise, that the President claimed this power, and had exercised it in the manner stated in the return. And I certainly listened to It with some surprise, for I had supposed it to be one of those pants of constitutional law upon which there was no difference of opinion, and that It war admitted on all hands that the privilege of the writ could not be sue. pended, except by act of Congreas. When the conspiracy of which Aaron Burr war the head became so formidable, and' was so extensively ramified u to justify, In Mr. Jefferson's opinion, the suspension of the writ, he claimed, on his rart, no power to suspend It—but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the anhject, and determine whether the public safety required it. And in the debate which took place upon the subject, no one suggested that Mr. Jeffer son might exercise the power himself, if, In his opinion, the public safety demanded it. Having theref"re regarded the question u too plain and too well settled to be open to dispute, if the commanding officer had stated that upon his own responsibility, and in the exercise of hie own discretion he refused obedience to the writ, I ahoald have contented myself with referring to the clause in the Constitution, and to the construction it received from every jurist and statesman of that day, when the. case of Burr was before them. Bat being thus officially notified that the privilege of the writ has been suspended under the orders, and by the authority of the President, and, believing an I do, that the President has exercised a power which he does not possess ender the Comititution,u proper respect for the high office he fills requires me to state plainly and folly the grounds of my opinion, in order to show that I have not ventured to question the legality of the act without a careful and de liberate examination of the whole subject. The clause In the Constitution, which authorizes the suspension of the privilege of the writ of habeas corpus, is in the 9th section of the first article. This article is devoted to the legislative department of the United States, and has not the slightest reference to the Executive department.. It bogies by providing "that all legislative powers therein , granted shall be vested in a Congress of the United Stites, which shell consist of a Senate and House of - Representativea." Aud after pre scribing the manner in which these two branches of the legislative department shall-be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants, and legislative powers which it expressly prohibits, and, at the conclusion of this specification, a clause is inserted, giving Congress " the power to make all laws which may be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United Staten or in any department or office thereof." The power of legislation granted by this latter clause is by its words carefully confined to the speciflo objects before enumerated. Bat as this limitation was unavoid ably somewhat indefinite, it was deemed' necessary to guard more effectually certain great , cardinal principles essential to the liberty of the citizen, and to the rights and equality of the States, by denying to Congress, in ex press terms, any power of legislatingever them. It was apprehended, it seems, that such legislation might be attempted under the pretext that It was necessary and proper to carry into - exe.intion the powers granted; and it was determined that there should be no room to - doubt, where rights of such vital importance were concerned, and, accordingly, this clause is immediately followed by an enumeration of certain subjects, to which the powers of legislation shall not extend; and the great Importance the framers of the Constitution 'attached to the privilege of the writ of habeas corpus to protect the liberty of the citizen, Is proved by the fact that Its suspension, except in cases of invasion and rebellion, is that in the list of prohibited , powers—and even in these cases the power is denied, and its exercise - prohibited, unless the public safety shall require it. It Is true that in the :miss mentioned, Congress is of necessity the judge of whether the nubile safety does, or does not . mare it; and its judgment is conclusive. But the introduction of these words lea standing admonition to the legislative body of the danger of suspending it, and of the extreme caution they should exercise before they give the Government of the United States such power over the liberty of a citizen. It is the 2nd article of the Constitution that prides for the organization of the Executive Department, andel:fill:a erates the powers conferred on 14 and prescribes ite ditties. And if the high power over - the liberty of the citizens now claimed was intended to be 'conferred on'the President; It would undoubtedly. be found in plain .words , hrtbis article. But there le not a word in It that can furnish the slightest ground to justify the exercise of the power. Thearticle begins by declaring that the Executive poiver shall be vested in a President of the United States of Amer• lea, to bold his office during the . teiin of fcnir years—and then proceeds to pre*cribe the mode of election, and to specify, in precise and plain words the powers delegated to him and the duties imposed upon him. And the abort term for which he is elected, and the narrow limits to which his power is confined, show the. jealonsy and /pmaa heasions,of future danger which the framers of the. Lbw. stitntion felt In relation to that department of the govern. ment—and how carefully they withheld from it many of the powers belonging to the Executive branch of the English 'government which' were considered as danger Ons to the liberty of the enhlect—and conferred (and that In clear and specific terms) those powers only which' were deemed essential to secure the enceesefuli operation - of. the government. . • . . He is elected, as I have already said , tor thehrief term of four years, and id made personally responsible, by Jm peachment, for malfeasance in Mdse. He ii from necessity and the nature of his duties,- the commander blehistiof the army and navy, and of the , militia, when called into actual service. Bat no appropriatien for the Support 4 of the army can be made by Congress for a longer term than two years, so that it L' in the power of the succeeding House of Representatives to withhold the appropriation - for its support, and thus disband It, if, in their judgment, the President mod, or designed to use r it for improper Intr. poses. And although'the militia, when in actual earsice, are under his command, yet the appointment of the oil . ears is reserved to the States, as a security against the use of the military power for purposes dangerous to the liber ties of the people or the rights of the Statei. So, too, his powers in relation to the civil duties and authority necessarily eonferred on 'him sr* carefully re stricted, as well as those belonging to his - military Chirac , ter. He cannot appoint theordinary officers of government nor make a treaty with a foreign nation, or Indian tribe, without the advice - and consent of the Senate, and cannot appoint even inferior officers' unless he is authorised by an act of Congress to do so. Hs m not empowered toarrest any' one charged with an offence against the United States, and whom Se may, friar the evidence before him, believe to be guilty, nor can he anttioriae any ceder, civil (emit. tary, to exercise this power r , Sir the Ilth article of the amendments to the Constititatton expressly provides that no pardon "shall be deprived of liberty or property, without due process of law "—that is, judicial process.— And even if the privilege of the writ of Wear corpus wax anspeoded by acr of Congress, and a party not ant/Prato the rules and articles of war was afterwards arrested and imprisoned by regular judicial proceas—he could not - be detained in prison or brought to trial before a military tribunal. for the article in the amendments to the Consti tution, immediately following the one above referred to— that Is, the 6th article provides that—"ln aR crindusil proaecutions the accused shall enjoy the right to a speedy end public trial by an impartial jury of the State and dls. triet wherein the crime shall have been committed, which district shall have been proviouoly ascertained bylaw, and to be informed of the mature and cause of the accusation; to he confronted with the witnesses against him; to have eompulsory process for obtaining witnesses Mills favor, and to have the "ad" ea of counsel for his deforms" . . ... And the only power, therefore, which the Presblent pos. *awes, where the " liberty, or and of a private citizen is concerned, la the power and duty prescribed in the 3d section of the 2nd article, which requires " that he shall take care that the laws be faithfully executad.". is not authorized to execute them himself, or throtigh agents or Masers, civil or military, appointed by himself, he is to take care that.tbay be faithfully: carried into execution u they are expounded and adjudged by theca ordinate branch of the Government; to which that duty; la assigned by the Constitution. It Is thus made hie duty to come in aid of the judicial authority, If it shall be re sisted by a forte too strong 'to be overcome -without the assistance of the Executive arm. But ' ln etiwcising this power- he acts .In subordination to the judicial authority, assisting, itto execute Its process, and. enforce its Judg ments, With such provisions in the Omit!intim, maimed in language too clear to be misunderstood by any one,' I Can see no ground whatever for supposing that 'the Pendant in any emergency or in any state of things, can author*" the stuipension of the privilege of the writ- of habearearpfur, or arrest a citizen, except in aid of the Judkdal power.. , He certainly does not faithfully execute the lave, U he takes upon himself legislative power by impending the writ of habeas corpus—and the Judicial power ;sato, by arresting and Imprisoning a perms without due moms of law:lror can any Ligament be drown frantic, rogues of- ty, or the natesiatei Hof government Or miftlefence in times of tumult and danger. The Goveromint of the United States is .onsof delegated and limitecipswenr. It derives its existence and authority altogether-from the Constitirtion and neither Or its branchosiNgeoutire, lairs, or at:Dotal, can Marche any.of the powers of Gov-, emu:tent beyond those - specitled and granted. Nor the 10th article of the amendments to the COlidittliioooit•ZiWella terms, provides that "the powers not delegated to the United States by the Oirostitntion, not laohibited by it to the Stains, are reserrodio the States respeettrely, or to"the people.' Indeed, the security spinet imprisomnent by executive authority, provided for in the fifth article of the Amend ment' of the ConstituGon, which I have before guoted; Is nothing more than a copy of a like provision in she Oonstitution,wldeh had been firmly este/dished betty the Declaration of Independence. , , Blackstone, in his Commentaries (let t irei., / 87 ,) 'UMe ft in the following words: . ,‘ To make imprisonment awful, it mud be .Dither' by proems from the Omuta of Judicature or by wartent'Xkong • me legal deicer having authority tO =WO , to "%ism. 'And the people of the United' Colorise; who bad- that. selves lined mid/rite protection while they.-inera iiritialt subjects, were welt aware of the necessity littibbr alir -guard far their personal liberty.. And oMr inuX, blame that inframingo government inteuded.M.lolloottli-tuop efficiently 'the rights and thi*klberriei tif - riur 'Wizens 'against SISCUSiIis : enoroachnietik xunt • '. o Ygnunione '' would have conferred on the President a power whic h to . history of England had proved ink* dangerous and alleilLthix hoods, of'the"Cirowu, sad -w , the of .Itnigland had oimpellad ICU:entree:We/ epit' a ond :pbettnate struggle on tholatt, otthwMAIUM.I.IWWIII So usurp FA ilta/4 . 4," - . ' z . --; - 1 . : •.-f : ...... ,I. its - The right ci the Irutiii#lo -' 4U' binarilt. r iitite. heberreenntr; it mgekbeireeKilliw64, Motile' - points in cowwwwww.duriog sha3opg - - iw, Wilma wrbitory govessuitentwel fins . : au4 , . . -
Significant historical Pennsylvania newspapers