Lancaster intelligencer. (Lancaster [Pa.]) 1847-1922, June 11, 1861, Image 2

itcaster e tgencer
lieta Int
GEO. SABDERSON, EDITOR.
A. 14ANDERSON. Assoclati,
LANCASTER, PA., JUNE 11, 186 b
OIBAULATION, 111100 001 1 1.11111
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IVIK. Baia #Bo Am AMU% ID
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B. M. Irnmiress, , C o., are Agee* , !hi ThAZWI
hitenifeeerr, and the mod influentlatand largest circuit.
tang N the United Statue and the Outsdis.—
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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
, . . -