, , • if',*,0t.!44,11,:.if.'-4,:A.i,-.01t1; MEM NMI 12111111 MOVM " l ` • -:- . • y 3 : , . ; : - '•4• 4 4 : . 1 •••• , ••: : ••1 , ••••-••; • ; :':.• ~ •;:' • ••• • g 1 1 i i* :;(r1 •f - 1 6: 1- it • :; • - • •!'" 1 • '3 ,~ . . •,;:!.-.::-.'.'::!!,:-.,,', .'-:., ..',‘:i:',..::;'..,.-_„'10:!'...:1'..i..:.-i': AA • . A 4 ; , • - 3 ' ' . .• MIN • •• lli; v ` • - • T 4 4 'fr., REM MONDAY moNum AUG. 24. LOC E: ilittYtiGENcz From Baturdars Evening gdition. Jaeitsttag the Etatellment..lmOottc adt Argnment• • In the United defter Distant 'Coast, Judge 'McCandless, Pleiades!, the case of Joseph eharged tih !misting the sarodment la Cambria email, was called op and argued , -An a motion in wrest of ladgment. ' 1 ! Edema. Meehan, Noon, and R. L. Tobei. , ton, aintisel for defendant; submitted a 4 ft'- . °,, gunsent of whichthe lollotelng is a 'lnept*: The indictment derive' Ito whole Oat,. ,from the terms of the 254 season of tea: ,in geoetien-iths eciuserVitlos Illati 141 tt,l4 ,respeetfully submitted, that ueithertha aim. 4.ion, nor any other in the sot, !grids ii - ,e "Eat, for the offenoecherged in, the h : " ; L u g mi, briedytintamlnetheactirotOtti ' se: to It teems amply sullalent for the eurpo slur ,whloh it was enacted. Up to thend section, It is main 4 dWeetink, and alma at twol dis tinct purposes. .1. The immediate nenroll muse of all able-bodied oldie= of the ni timi State', (sr I th certainexoeptions,) in ay• to be ealledabe "Neddisal FormieV an 2,1 u, The - sot of "telling out" those foroos y. a draft, when the Enos should bo regoiroct,for [be .4ervice of the acrsznino— i , -; . ' - l .? -Nor, to us,tdirecit deaf iii ' i lipois-p*iraly L lechnical grounds, this indictment vi us. It charge' the defendant with an "assault __end obstruothigan tater in making the #1, 6- ivilaaar whereas, there is no such offence named. In the ad: iludit is quite clear that, f. where the words of a astute Is descriptive Of the offence, the - indictment should follow the language, and expressly charge Mei de...1 .scribed offense on the defendant, or it trill lit; defective.'! "It is summary that thedefitud, nut should be brought withinnltaltesnaterial words of the statute, and nothingmat be tak en by intendment." "If the intuatutent pro. less to recite tho statute, -a material variance Will be fatal, or If thestaksto do not suppott ;the radios, It tout fail." "The Ludlow:eat must oboe what cameo haa boon conimltted, ..and what penalty Incurred, by politico emit 'snout. It is not audit:lent that they Sliest by Inference." The Weems of the 26tb,, or penal section, are - clearly expreuedandeestly understood. The - effaces to be -lilted by a penalty commence with the draft, and have no. saferesee what 'ever to the enrollment. Nay, the act speak :lns of the draft, MU the word ./earoUed" la eneh manner as to forbid the application of ,any of the penaltiess to the process of enrolling at al—treating the enrollment ae a thing -Feet and dabbed. It would have Wan quite A easy for Canvass to- haul made resistance to, or obstructing the wwelbeess, en offence, a; ;obstructing the draft, bes they diet act do so. . But we are. told oougress must have is- Itswisd to punish this offence, and tomase, 'Congress either Intended, or owed to haw elee coded it, therefore, this,penal mutate shoald As (not stria* bat liberally) *oast:teed to punish thet offender. Bach a dootrine can m nim) ne favor at the hands of this Omni— land God forbid that leshonid. :ihounoes no purdstunentsgainst Joseph ,it matters not what Congress Easy haws :reedcd to do s still less what they . ought to ,bare done, the Court will most this jadr :aunt, and discharge the prisoner. - United States District Attorney Carnahan `replied. The following is a synopsis of hi{ :remarks: The question Is whether the enroll . meat Is to be regarded as a separate and dls- -Abut set from the draft. If it be so, then he vested the polite= taken by the gentlemen on the other Bide wu right, and that this 'judgment should be arrested. lie referred to the cosset the United States spinet Bailey, 19th Peters' Reported to show that an set of Congress to old of the government In assau lt= of its powers, 'tumid be construed lib erally; that in that oase, when the Bearetary :of the Tr/aunty had been authorised to Bettie ' , thaw/ against the government of the United 41 . 3tates, the Courtheld that by iinpllastion he : had power to regfare affidavit" in the-hikrlng -of the ease beforatbite, there wet no *et of Conran making false sernaring-before magistrate perjury, stilton = false uresting wouldle tried se perjury bythe Courts, by Where an aot of tho genOst goireolttmant to rtakodiaJ, It to to be U6etallyeonetrued Go- 4or of the government. left notated, to have an enrollment of the nation! forme In order to maks ,a draft? `UM It b, It will be coneeded it le a necessary ...part of the draft. if there can be no draft without enrollment, then -the enrollment is a `necessary, Indispenslbly smeltery part fifths -operstions of the draft. The enrollment is ,made for the purpota of wobbly a draft, U for ^zoo other purpose. It It for the pespose of 'kerning who are liable to lict military duty and whokares not. Enrol,. Hresistauce" is hie. dering the ciboria doing bled fay In rela tion to the draft. fd. hiegehen (for the defendant) re marked that 'if tlikti President had seen fit not to order the draft; tin soortht of there being ire necessity fat reinforcing' the tumy. or for up other reason, there unit be no Ponvietion under this eat (the ensetiption Ist.) The enrollment le-bit • necesteiry se. rompuisment of . the drat.; The labrothlratut fs en mat Cit. Congress, ea dth e' drift ,sn ea af the President. Judge McCandless remarked thertarlibuld withhold his decider' for s• few' dam' bet u early es pasibie . would read' it to open Court. The Arley Committee "aid She huh" slateacs Vomtaitteew Thi reports of the Army Committee of Western Pennsylvania; and the Eltitsburgh Subsistent* Committee, hue been .14d:upon our table in pimple/et term. Theli4Com- Mitt** is-analllary .to. and represents - the United States Christian COQUitilitQZ. SUM April let, 1863, they have panted- COMM!). filo= to forty.ain Delegates to labor among the soldiers in our armful. Of these, twenty tie wen , sent to the limy of the Coniberlamh nun to the Army of the l'otomac;. *Scut* the battle. Said of Clianadloraville three..to thiklaid of Gettysburg; and, five icoutteoted such the Union Belief -Atiochkiion) tome Arte_y.- AlltatigoiliSit been titabiltheid at Cull) Does, in eliatisitl Boggs and Mr. Watteau . Rada= dam quantities of hospital eupyilii have also been fore/maid doting the pair Arse monthi-4he principal items being 3,266 tharte,23os draw. 404, 2.8 40- 1 1 Midi better, gileos4.Pleltliel 0 0 306 envalopes„,l,97Btrandkauf4lnt,Sollll , bmfd. ages and rolls. 892 pare 1 2 1 0 4 1 1,04#4, 97 gowns; 7,240 handl-Muth*, -2,15 h Anit Gait; 4,9lB:tundit Met Pat; 2,4o),72maigas and lemCns , 6,295 Nader:: vimao „ A t traoteind!,-papers,.2,2llB.Miii -lam implies of bed clothiagirtl-inenr tutillitterc Gram of comfort. ' - - ,The quarterly' report: `or ; th e ft ithilitell , Committee follows I ; ;;Dtainglite-past *ea months lie , hive MK a: our large dining rotenait-Olty ssidiere,. , who- bare passed through our eastiaid westAmildagittoeourerpuisattor - August 3, IEBI, 119,651 troops whetters beat led by the Couunlttaa) Many of these were paroled prisoners who for the lint time for months had enjoyed a comfortable meaL 'At the Soldiers 's test on Liberty street, 3,904 siek and wounded from the eastern amiss have been furnished with comfortadCalealei and provided with all the attention their 'con lion demanded. Most of these were dim - or furloughed men from the Army of the tomso, many of them retaining home with constitutions shattered by disease and bodies disabled by wounds, some , only with the hope of being able to reach they homel, there to balaid fn their-graves..- Transportation has been Welted to twenty - eight sick end wounded - sildiers, who have been lift in our city without any means of ruching their homes. Twenty:4in have . Wu Mkt° the horpitals,:witer4era-fetufd bi thi • Committee in difcrent ;arm of our oily with ZQ one to carefor them,: or liter to their wants. Two of *thotelave died told wars buried by the Committer. --Thu dies of the Committee visit the hospitals of 0 9 1 ' city regularly, and supply the soldiers with anything they may sequin - to' make diem comfortable. There an now some 259 sigh and wounded soldiers in the noilltary hospital, which Is oonatantly receiving Post ones, and in behalf of these we lima! td.the bouts and gardeners for tiontr. ttus of fruits and vegetables. Contributions ortash or eatables can be-left et 'Kam. Woman A Son, Smithfield streoh,or Su A Co., Most street. -, Vaasa a ILits.tos.—The Parte% or "Dig Wall," to ratted by its atraus at $1,000,000, sad has eaaiad ` < :411113 ty .1141000, - ja. 200BBI~ au a . --.GOFF Corti mkt I+LOD hbda, 8.11,413t0et 10 bbli-Pulutlybeibtoat . , , - 4 . • 10 do Chislt4' do: SS Aa 'Cleft :; On tutod ead to attlye:,;• t • — l,, 14 111eAlt - itTsresineti; salt 11712sity gifts.