The daily morning post. (Pittsburgh [Pa.]) 1846-1855, September 11, 1855, Image 2

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Wo publish this morning the opinion of the
Supreme Court, delivered by Justice Black, in
the Williamson cfee : and we urge our readers
to giro it a patient perusal. Its reasoning is
conclusive, and it is founded on authority to
abundant and clear that we doubt whether any
respectable lawyer would risk his reputation
upon an attempt to gainsay it. it is well worth
reading not only by lawyers, but by every one
who would understand tho merits of the case,
and the relative righta and duties of oar Stale
and Federal Courts. It reoogniscß olearly the
commission of a wicked offence by Williamson,
and the undoubted right of the Court to punish
i him for it.
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Jaili} Blaming |
OFFICIAL PAPER OF THE CITY.
PITTSBURGH:
TUESDAY MORNING:: —--SEPTEMBER 11
STATE DEMOCRATIC HOMIH ATION.
for canal commissioner,
ARNOLD PLUMER,
OF VKNA If 00 COUNTY.
COUNTY DEMOCRATIC SOMIHATIONB
SINATOR:
uTTfILIAB WILKINS, Peebles to'niflhip
AittIBNULT :
JAMEB B FDLTuN, Twentum ;
SAMUBL HMITH, All<*tfbeny i
JAMKB SALISBURY, Birmlogham
C. MAGEE, Pittsburgh ;
L. B. TATTEKSON, Mifflin
fuinurr:
RI>DY PATTERSON, City.
PBOTUOnOTASY :
JOHN BIRMINGHAM, Ohio township.
TliOilAS BCACELMORE, Upper Bt. CUtr.
ooaoRKB :
WILLIAM ALEXANDER, City.
JACOB TOMER, Pittsburgh.
AUDITORS :
JOHN MURRAY, South Pittsburgh ;
A. W. PENTLAND, Sewicklwy.
diiuctor or mia:
WM. BKIiTZUOOYER, Lower Bt. Clair.
Democratic County Committee of Correspondence.
Cmßr a ioboluUou of the late Democratic Convention,
tbe following gentlemen bare been appointed the Oounty
Committee of Correspondence for one year :
Hon. Charles Shaler, Pittsburgh: OoJ W. Q - Kwkiwi.
wtikin* Townrhlp; D. R. Miller, St-wlcUey ; James Balls-
Vun SISTiSSn ; Thonu- 8. Hart, Indiana To^nnhip:
WiUbuu Johnston, LawrencovlUe; Jaoob L. Elaessor, Bt*w
artwown- R- B Roberts, Pittsburgh; James Henlman,
rtttsborgh: Michael Bttee, Jeflereon Township; John H.
PbiMlps Robinson Township; John Bill, Versailles Town
Khlo - John N. McOlowry. Pittsburgh; Col. James Scott,
Klbalwth. John Roth, Pittsburgh; Col. Andrew Scott,
Pittsburgh ; A. iiartje, Esq , Allegheny ; Morrison Foster,
Allegheny; Samuel Kirk, Plum Township; A. B. McPar
laud. North Fayette Township.
BAML. W. BLAOK, CAmman.
£&•&. M. PKTTLNQILL A CO.,lAeu>ipup<r Advertising
AgrU4,&XB the Agents for the Pittsburgh Daily and Weekly
Port, and ore aathoriwd to receive ADvkkTiSnuCirs and
bOßSOßtmoita for us at the game rmtea as required at this
Offlo*>. Their receipts are regarded as payments. Their
office are at Ntw YotK, 122 Nassao Btasrr,
ouieido, this morning, will be
found someluteresting statistics of the commerce
of Pittsburgh for the past year, as propared by
the Board of Trade.
JUDGE BLACK'S OPINION
One remark of the Judgo Is worthy of note
He saya “ Mr. Williamson carries the key of his
prison in his own pockot. 1 ’ This menus that
tbe prisoner has only now to make a full and
true answer to the first writ of habeas oorpus.
stating therein all the facts as they occurred,
and the doer of bis prison is opened. He isnoi
bound to prodaoe those slaves in Court He is
do: bouod to admit that they are nowin bis one
toly. if they are not so : bnt ia only bound to
state fully and clearly all the truth, and ho goes
froe. Till he does that, probably be never will
go free. Inotead of doing what every honest
man should do, he chooses to defy the authori
ty of the Court, and suffer its consequence, for
the mere purpose of securing the honors of a
farcical martyrdom. And it is supposed that
the sober yeomanry of this Commonwealth are
to he deceived by so arrant and disgusting a
humbug.
Judge Black rneots folly and clearly the com
mon argument that tbe writ of habeas corpaa
can never be denied in the first instance. The
wru, it is said, mast be granted upon the mere
fact that the petitioner's in prison. This mis
taken notiou is uttcrlydjxploded in this mastorly
opiuioo. Tbe right of Stale Courts to interfere
with proceeeea of Uaitod States Courts is denied,
and tbe evil consequences of suob an attempt
clearly pointed out.
But we ahull mako no further comments, and
hope overy one will read tho opinion from the
unto the end thereof.
The Oazetfs correspondent, “Justice,"
writes like a lawyer, and is probably aware that,
since the decision of Judge Beck’s case, an Act
of Congress has been passed defining tho pow
era of the Federal Courts in cases of oontempt.
It is presumed that Judge Kane has had that
Aot in view in his coarse in tho Williamson oase.
If not, try impeachment; that is the legal rem
edy. Our whole argument is that legal romedies
ahonld be pursued in all suob oases ; and that
tbe attempt to reverse Judicial decision by pop
ular exoUcmen'a is most pernicious and dan
gerous in its tendencies “ Justice ” must know
that.
We are opposed also, in tola, to this silly hum
bag of making martyrs out of all unlaoky offen
ders who happen to belong to particular politi
cal parties. Ills not merely a silly humbug;
bat It is a politioal assault on the judioiary that
if pursued by all parties would lead to tho most
fatal results npon oar institutions. If ‘‘Justice 1 *
will divest himself of his eploen against ns, and
ooneider the matter fairly, he will find that, in
our remarks on this subject, we have been ar
guing the cause of out oountry, and not of a po
litical party.
Still at It.—The Gazette of this city is still
doing Its ntmost to frighten northern men, and
prevent their migrating to Kansas. It tells the
people hf Pennsylvania that If they go there
they will find themselves “ menaced by a halter
and the gallows at every turn.” Uit true, as ie
frequently said, that abolition papers wish to
prevent northern men from going to that terri
tory in order that it may become a stave State,
and give them something to agitate about 1 It
looks very much like it.
Fa cB-Tt-oos and False.— The Journal don’t
tike our late articles wherein wo prove that tho
Democracy of the north is not pro-elavery ; bnt
our neighbor despairs of being able to overturn
the array of facts by which we prove it; so he
oontents himself with a simple assertion that
every reflecting man knows is untrue. It won’t
do, however. The people are in their sober
senses new, notwithstanding the efforts of weath
eroock journals to get up a spurious excitement.
oall tbe attention of oollcotors of taxes
to the advertisement of the County Commission*
era in another column. Collectors should harry
up their collections, the money is wanted, and
collectors will bo in trouble if thoirwork is not
completed By tho first of Janaary next.
Wun debfcl.—The Dispatch , of yesterday,
thinks the decision of the Supreme Court in the
oase of Williamson will be given in a few dkys l
The other papers say it was given on Saturday
last, and thewnt of Habeas Corpus refosed.
Wm. Custia and John Ballard, convioted of
assault and battery on Col. John H. Wheeler,
were called up for sentence, on Saturday, in the
Coart of Common Pleas. Evidence was offered
i<i extenuation of sentence, by Mr. Pieroe, their
counsel, and the Judge made a short epoeoh to
the prisoners. They were sentenced to a fine of
$lO and costs, and be imprisoned for a week.
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BoSTOS, 10 STATS STftUT.
■'•V.
The Wheeler Slave Case.
DECISION OF THE SUPREME COURT
OP THE STATE.
Writ of Habeas Corpus Refused
JUDGE BLACK’S OPINION.
The Sapretne Court met in Philadelphia, at
noon, on Saturday, for the purpose of rendering
the deoision of the Court on tho application of
Passmore Williamson for a writ of habeas oor
pus. The five Judges were upon the bench, and
the District Court room, iu which the Court sat,
was crowded with attentive listeners. Inside
the bar were seated a number of the leading
legal gentlemen of the city. Judge Black read
the decision of the Court, it is as follows
Decision
Ex Parte Williamson.—Clinton by Justice
Black —This is an application by Passmore
Williamson for habeas corpus. He oomplains
that he is held in custody under a oommitmont
of the District Court of tho United Statos for a
oontempt of that Court, m refusing to obey its
process. Tho prooess for which he ia oonfioed
for disobeying was a habeas corpus commanding
him to prodnoo the bodies of oertain oolored per
sons olaimod as blsvoe under the law of Virgi
nia.
Is ho entitled to tho writ he has asked for ?
In considering what answer wo shall give to this
question, we are, of course, expeoted to be in
tiuenoed, as in other oasoe, by the law and tho
Constitution alone. Tho gentlemen who op
peered as oouneol for the petitioner, and who
argued tho motion iu a manner whioh did them
groat honor, pressed upon ua no considerations
except those whioh woro founded upon tbeir
legal viows of the subjoot.
It is argued with much earnestness, and no
doubt with perfeot sincerity, that we are bound
to allow tho writ, without stopping to consider
whether the petitioner has or has not laid before
ue any probable causo for eupposiug that he is
illegally detained—that every man ooofined in
prison, exoept for treason or felony, la oDtitled
to it, ex debtto justitiu —and that we cannot re
fuse it without a frightful violation of tho peti
tioner’s rights, no matter how plainly it may
appear on his own showing that bo is held in
custody for a just oause. if this bo true, the
oase of rz parte Lawrence (5 Binn, 304,) U not
law. There the writ was refused, because tho
applicant had beeo previously heard before an
other court. Bat if every man who applies for
a habeas oorpus must have it, as a matter of
right, and without regard to anything but tho
mere fact that bo demands it, then a oourt dr a
judgo has do more power to refuse a second
than a first application
la it really true that tbe special application,
whioh must bo mado for every writ of Habeas
Corpus, and tho examination of ibo commitment,
which we are bound to make beforo it can Issue,
are mere hollow and unsubstantial forms ! Can
it be posslblo that tho law and the Courts are eo
completely under tbe control of their natural
enemies, that every class of offenders against the
Union or tbe Stale, except traitors and felons,
may be brought before us os often as they please,
though we know beforehand, by their own ad
missions, that wo cannot help bat remand them
immediately If these questions must be an
swered in the affirmative, then we aro compel
led, against our will find contrary to our convic
tioos of duty to wage a constant warfare against
the federal tribunals by faring ctl writs of habeas
corpus upon them all the lime Tho puutuve
justice of the StAle would suffer still more sen
ously. The half of the Western Penitentiary
would be before us at Philadelphia, and a sirs!
lar proportion frotn Cherry Hill and Moyamen
sing would attend our sittings at Pittsburgh.
To romand them would Jo very little good . for
a new set of writs would bring them bock again
A sentence to eolilary oonfiaoment would be a
sentence, that tho convict should travel for a
limited term up and down tbe State, in company
with tho officers who might have him in ohargt*
By tho samo means the inmute« of tbe iuoatic
asylums might be temporarily enlarged, much to
their own detriment. and every soldier or ecu
man in tho sorvice of the country could compel
their oomm&Qders to biing them brfore the ( ‘jui t
six times a week
But tho habeas corpus act baa novor rocetrcJ
such a construction It is a writ vt right, anJ
may not bo refused to ouo who shows a pnm j
ficu coac entitling him to bo discharged or bail
ed Bat ho has no right to demand it who ad
mils that he ia in legal custody for an oticoce
Dot bailablo - be does make what is equivalent
to such an admission when hie own application,
and the commitment referred to in it, show that
be ia lawfully detained. A complaint must be
made, and tbe cause of detainer submitted to a
judge, before the writ can go The very
and p rpone of this is to prevent it from being
trifled with by those who have manifestly no
right to bo set at liberty. It is liko a writ cf
error in a criminal oaso, which tho Court or
Judge is bound to allow, if there bo reason to
suppose that no error has been ooramilted, and
equally bound to refoso it, if it be clear that tho
judgment must bo affirmed
We aro uot aware (hat any application to this
Court for a writ of habeas corpus baa ever been
successful, where the Judges, at the time of tho
allowance* wero aatiefied that tbe prisoner must
be remanded. The petitioner’s counsel say there
is but one reported case in whioh it was rofuseJ.
(5 Blnnfl, 304) and this urged in the argument,
as a reason for supposing, that in all other cases
tho writ was issued without examination. But
no snob inferonoo oan fairly bo drawn from the
scarcity of jodioial decisions on a point tike
this. VVe do not expeot to find in reports so ro
cent as ours those long established rules of law,
which tho student learns from bis elementary
books, and which arc constantly aoted upon with
out being disputed. %-
Tbe habeas corpus is a common law writ, nod
has beeo used in Eogland from time immemori
al, just os it is now. Tho statuto of 31 Car 11
a 2, mado no alteration in the praotice of the
courts in granting those writs. (3. Bam. and
Aid. 420 2; Chilly's Rep , 207.) It merely pro
vided : that the Jadgos in vacation should have
the power whioh the courts had previously exer
cised in term time. (1, Chitty’sGen. Prao. 6LS)
and indicted penalties upon those who should
defeat its operation. Tho common law upon
this sobject was brought to Amerioa by the ool
onists ; and most, if not all of tbe States, have
since enaotod laws resembling the English stat
ute of Charles 11. in every principal feature.
Tbe Constitution of tho United States deolares
that “ tho privilege of a writ of habeas corpus
shall not be suspended unless when, in cases of
rebellion or invasion, the public safety may re
quire it." Congress has oonforred upon tho
federal jadges the power to issue snoh writs ac
cording to tbe principles and rules regulating it
ia other courts. Bectng that tho pame general
principles of eommon law oa this subjeot pre
vail iQ Eogland and America, and Boeing also
the similarity of tboir statutory regulations in
both countries, the decisions of the English
judges os well as of the Amerioan courts, both
Btate and Federal, are ootitled to our fullest re
spect as settling and defining our powers and
duties.
Blockstooe (3 Com. 132) says the writ of ha
beas corpus should be allowed only when the
court or judge is satisfied that the party hath
probabiescause to bo delivered He gives oogent
reasons why it should not be allowed
other case, and oites with unqualified approba
tion the prooedent set by Sir Edward Coke and
Chief J. Vaughan in oases where thoy had refu
sed it. Chitty lays down the rule. (I Cr. Law,
101; 1 Gen’l Prao , 680-7.) It seems to have
boeh noted upon by all judges. The writ was
refused in Rex vs. ScJieiner, (1 Burr. 766,) and
In the oaso of tho Three Spanish Sailors (2
Black’s It. 1,324 )
In ffobhouses Case, (3 Barr and Aid., 420.)
it was fully settled by an unanimous oourt, as
the true construction of tho statote, that the
writ is nevor to be allowed, if upon'view of
the committment, it be manifest that the prison
er mast be remanded. In New York when
the statute in foroe thoro was preoisety like
ours, (so far, I mean, as this question is concern
ed,) it was dooided by the Supreme Court, (6
Johns, 282,) that the allowance of the writ was
a matter within the discretion of tho oourt, de
pending on the grounds laid in the application.
It was refused in Huster's Case, (1, 2, Com.
136,) and in Exparte Ferguson, (9 Johns, R
139 )
In addition to this we have the opinion of
Chief Justice Marshall in Whatkin’a
teys 2p'l) that the writjmght jaot be aWaraed if
tho Court iB-satißfled that tho prisoner must lie
reminded. It was accordingly refused by tho
Supreme Court of the United States in that case,
os it had been in Kearney’s oase.
On the Whole, we are thoroughly satisfied that
our duty require^us to view and examine the
caußO of detainer fcow and to make an end of
the business Ut once, if it appear that we have
no power to discharge him on the roturn of the
writ. , .
Tfaiß prisoner, as already sal I, is confined on
a eentenoe of tho District Court of the United
States, for a contempt. A habeas corpus is not
a writ of error. It cannot'bring a case before
us in euoh a manner that we oan ©zeroise any
kind of appellate jurisdiction in it.
On a habeas corpus, the judgment even of a
subordinate State Court, cannot be disregarded,
reversed or set aside, however olearly we may
perceivo it to be erroneous, and however plain
it may be that we ought to reverse it if it were
beforo us on appeal or writ of error. W© oan
only look at the rooord to see whether a jadge*
meut exists, and have no power to say whether
it is right or Wrong. It ia oonolusivoly proeum
ed to be right until it is regularly brought up
for revision.
We deoided this three years ago at Sunbury,
in a oase which we all thought one of muoh hard
ship. But the rule is so familiar, so universally
acknowledged, and so reasonable in itself, that
it requires only to be stated. It applies with
still greator force, or at least for muoh
stronger reasons, to the decisions of the federal
court*.
Over them wo have no oontrol at all, under
any circumstauoes, or by any process that oould
be devised. Those tribunals belong to a differ
ent judicial system from ours. They administer
a different code of laws, and arc responsible to a
different sovereignty.
The Distriot Court of tho U. 8. -is as indepen
dent of us as we are of it —as independent
as the Supreme Court of the United States
is of either. What the law and the Constitution
have forbidden us to do directly on writ of error,
wo, of course, cannot do indirectly by habeas
corpus.
Bat the petitioners oounsel hove put his case
on the ground, that thewholo proceeding against
him in the Distriot Court was coram nonfudice.
null and void.
It Is certainly true that a void judgment may
be regarded as no judgement at all; and every
judgment is void, whioh clearly appears on its
own faco to have been pronounced by a Court
having no jurisdiction or authority in tho sub
jeot matter.
For instance, if a federal oourt should oonvlot
and eentenoe a citizen for libel; or if a State
oourt, having no jurisdiction except in civil
pleas, should try au indictment for a orime and
convict tho party—in these caoos the judgment
would be wholly void.
If tho petitioner can bring himself within this
principle, then there is uo judgment against
him; he is wrongfully imprisoned, and we mbst
order him to bo brought out and discharged.
What is he detained for v Tho answer is e*sy
and simple The commitment shows that he
was tried, found guilty, and sentonoed for con
tempt <:/ Court, and nothing else. Ho is now
conffuoi in execution of that sentence , and for no
other oanee This was a distinct and eubstan
tive offenoe against the authority and govern
ment of the United States. Does any body doubt
the jurisdiction of tho District Court to punish
contempt ’ Cortamly not. AH Coarts have
this power, And muit necessarily have it; other
wise they oould not protect themselves from in
sult, or enforoe obedience to their process.
Without it, they would bo uttorly powerless.
The authority to deal with an offender of ibis
claoe belongs exclusively to tho oourt io whioh
the ctlcnco is committed ; and no other oourt,
not even tho higbevt, can interfere with its eicr
cise, either by writ of error, mandamus, or ha
beas corpus, if tho power bo abused, there is
no remedy but impeacbmeoL Tbo Uv was ao
held by this oourt ta Case, (5 VV.
& S , 275.) and by tho Supreme Court of tho
United States in Knmey'i C'jj-', (7 Wharton, ’S H )
It wae solemnly sc tiled, aa part of the common
law, in Brass Croaloy e Case. Wilson, 1n.1.)
by a court io which eat two of the foremost
jurists that England ever produced Wo have
not the e:n*Lesl doubt that it it* the law, and
we must administer it as we hod it
attempt ever made to disregard it was by a New
\ '’-rk judge. 1 Johns K , 15,) who was net
{vuppoii'vt by bid brethren This attempt was
followed by all the or,! and confusion which
Blackstone an 1 Kent and .*iory declared to be
lie ii«js>casarj eonseqooocea Whoever will trace
that vioeuUr controversy to ita termiUaiio©, will
see that the t baocclU-r and the majority of the
Supremo Court, though ooco outvoted io the
Senate, were never answered
Tbo Senate Itself yielded to Iho force of the
truths which the Muprwme (‘curt had laid down
so clearly, and the judgment of tho Court cf
Errors in Estes’ Cwo, C‘ 1*03,) was over
ruled by the udo Court the year afterward*, in
Yates v* Lansing, > 1 Johns il . IJ*. ) which
grew out nt the very fittne transaction, and de
pondc 1 on the same principles r*tjll further
relieciion &l a later period inJoecd the Senate to
joiu tbr* p.puUr branch of the Legtei.ature ii>
passing a s.auifo whtch rflectuaHy prevents one
Judge fro ra interfering by habeas corpus with
th>* judgment id an...lher • o a question of con
1 1 r.i p t
Tbrse principle tetnr settle-1. *i fVMavrs trr*
eidiMy, that tho District i\.url c* tbo laitoJ
States h& t power ivo J jurtadtotioa to d<*eid«
what acts constitute a c-\<sj ti ropl it U*
•Jcurtuino whetbor the j-cUiwoner bal been
gmlly of contempt and to iall.at upon him the
punishment which in its opioion, he ought Ic
eotfer If wr fully believed the petitioner to be
ioDecent -if we wore «urr that Ihe r.xiM whifb
convicted him uiiimndcrfft.'osl the facte. or m>*
applied the law still we oou ! d Dot re examine
Ibe evidence, or re juJpo the justice of tbo casa,
without |rro*«!y iieregftrdiott what wo know to be
the law of the land Tbo Judge of the Lhstncl
Court decided ibe .juestioo oo his vvo const) to
liooal rcflpoo“ibt!it> Keen if be ooaM bo shown
to bare aaloJ tyrannically vr corruptly, bo could
be called to answer fvr il ouly in the Senate of
the United Huto*.
Cut ibe couneel of tbo petitioner go 1 •übiod
tb«< proceeding in which be was convicted, *nJ
argues, that the eeutencc for contempt is void
t>icdQse tbo court bad do jurisdiction of a cer
Uid other matter, which it was investigating or
attempting to investigate, when the contempt
was committed Wc hod a judgment against
him in our c<*«e . and be oomplaios about anoth
er, in which there is uu judgment. lie is B uf
fenny for ao otfcoco against the United states,
and be says bo is innocent of any wrong to a
particular individual Hois conclusively udj aJ
-1 god guilty of contempt , and be tells as ibat tbo
court bad no janedioiion to restore Mr. Wheel-
er’s slaves
It must bo remembered that contempt of ooart
is a specific orimtual olienco. It is punished,
sometimes by indictment, aod sometimes in a
summary proceeding, as it was in this ease. In
either mode of trial, the adjudication Against
the offender is a conviction, and the commitment
in oonseqtu-noo is elocution. (7 Wheat 38 )
This is Well settled, and 1 believo has never been
doubted. Oortainly the learned oouosol for the
petitioner h&vo not denied it The contempt
may be oonnocted with some particular oause,
cr il may consist In misbehaviour, which has a
tendenoy to obstruot the administration of jus
tioe generally. When itieoommitted in & pending
oauso the proceeding to puoish it is a prooeoding
by Itself. It is not entitled in the oauso pending,
bat on the oritnin&l side. (Wail. 13d )
The reoord of a conviction for oontempt is
as distinct from the matter under investigation
when it was committed, as an indiotmont for per
jury is from the oause in which tbo false oath
was taken. Can a person oonvioted of porjary,
ask us to deliver him from the ponitontiary, on
showing that tbo oath, on whioh the perjury is
assigned, was taken in a oause of which tlio
Court had no jurisdiction ’ Would any Judgo
iu the Commonwealth baton to suoh a reason
for treating the seutenoe as void " If, instead
of swearing falsely, he refuses to bo sworn at all,
and be is coovioled not of perjury but of contempt,
the aamo rule applies, anti with a force precise
ly eqa&l. If It be really true that no oontempt
can be oommitted against a Court while it is en
quiring into a matter boyond its jurisdiction,
and if the fact was so in this oase then the pe
titioner had a good defence : and he ought to
have made it on his trial. To m&ko it after con
viotion is too late. To make it here is to pro
duce it beforo t-io wrong tribunal.
Every judgment mutt be conclusive until re
versed. Baoh Is the character, naturo and es
souco of all jucgehients. If it be not oonoluaive
it is uot a judgment. A court must oitber hnvo
power to settle a given question finally anl for
ever, so as to preolado all furthor inquiry upon it
or else it has no power to make any dooisionat all.
To say that a oourt may determine a mattor,
and that anothor oourt may regard the same mat
ter afterwards as open and undetermined, Is an
absurdity in terms.
It is most espeoially necessary that oonvictions
for oontempt in oar Court should be final, oon
elusive and free from ro-examlnation by other
Courts on habeas oorpus. If the law were not
so, our judicial system would break to pieoes in
a month. Courts totally unoonnootod with each
other would bo coming in constant oollision. The
inferior Courts would revise all the dooisions of
thejudges placed over and above them. A par
ty unwilling to be tried in this Court need only
defy our authority, and if we commit him, take
out his habeas corpus beforo au associate judge
of his own choosiug, and if that judge is of
opinion that we ought not to try him, there is
an end of the oase.
This dootrine is so plainly against the reason
of the thing that it would be. wonderful lodeed
if any authority for it oould be found in the
books, exoept the overruled decision of Mr. Jqb
tioe Spenocr, of New York, already referred to,
and some efforts of tho same hind to control tbo
other Courts, mado by Bir Edward Coke, in the
Kiog’e Benoh, which are now universally admit
ted to have been illegal, as well as rude and in
temperate. On the other hand we have all the
English judges, and all our own, declaring their
inability to interfere with, or control, one another
in this way. I will content myself by simply
referring to some of the books in whioh it is es-
** ' *s
tablished that the oonviction o? contempt is a
separate proceeding, attd is -conclusive of every
foot which might have been urged on the trial
for contempt, and among others waut of juris- ;
diction to try the oauee in which the contempt
was committed. 4 Johns. R. 325, et sequ. The
opinion of Ch. J. Kent, on pages 370 to 375. 0
Johns. 603. 9 Johns. 423. J. HHI 170 5 Iredell
199. Ib. 163. 2 Sanof. 721. 1 Carter 160. 1
Blaokf. ICO. 26 Miss 8% 2 Wheeler’s Crim.
Cases, p. 1. 14 Ad. and F.llia 558. These cases
will speak for themselves, but 1 may remark aa to
tholastone that tho very same objection was made
thoro aa hore. The party was convicted of con
tempt in not obeying a decree. He claimed his dis
charge on habeas corpus because the Chancellor
bad no jurisdiction to make the decree, being in
terested in the cause himself. But the Court of
Queen’s Bonch held that if that was a defence it
should have been made on the trial for contempt,
and the conviction was conclusive. We cannot
ohoosebnt hold the same rale here. Any other
would be a violation of the law which is estab
lished and sustained by all authority and all
reason.
But oertainly the want of jurisdiction alleged
in this case, would not oven have been a defence
on the trial. The proposition, that a Court is
powerless to punish for disorderly conduct or
disobedience of its process in a oase, which it
ought ultimately to dismiss for want of jurisdio
tionjis not only unsupported by judicial authority,
but we think it is new evon as an argument at
the bar. We ourselves have heard many oases
through and through before we bccamo convin
ced that it was bur duty to remit tho parties to
another tribunal. But wc never thought that
our process could be defied in such oases more
than in others.
There are some proceedings In which the want
of jurisdiction would be seen at the first blush;
but there are others in whioh the coart must in
quire into all the facts before It can possibly
know whether it has jurisdiction or not. Any
one who obstruots or baffles a judioial investiga
tion for that purpose is unquestionably guilty of
a crime for whioh be may nod ought to bo tried,
oonvioted and punished. Suppose a local action
to be brought in the wrong oounty: this is a de
fence to the notion, but a dcfoncejwhich roust,be
made oat liko any other While it ia pending
neither a party, nor an oflioer, nor any other
person, oan safely insult tho court or resist its
order. The oourt may not have, power to dec! ie
upon the merits of the oase, bntit has undoubt
ed power to try wholher the wrong wan Jooe
within its juriadiotiou or not Suppose Mr.
Williamson to be called before tbo Circuit Chart
of tho United States, as a witness, in a trial
for marder, alleged to bo committed on the high
seas Can bo refuso to be sworn, and at his tri
al for oontempt, justify himself on the ground
that the murder was in fact committed within
tho limits of a Btalo, and therefore triablo only
in a Stale coarP If be can. bo can justify per
jury for the same reason. But suoh n infenoe
for either crime has never boon bearJ of eiuee
tbo beginning of the world Muoh less cah it
bo shown, of er conviction, as a ground for de
claring tho sentence void
Tho wish which the petitioner was convicted
of disoboyiog was legal t>u its faco. It enjoin
ed upon him a simpio duty, which ho ought to
have understood and performed without hesita
tion That he did not do so is a fact conclusive
ly established by the adjudication which tho
coart ma e upon it 1 say the wi*h was legal,
because the act of Congress gives to all the
courts of the United States the power “to
writs of habeas corpus when oeecasary for tho
eierciso of their juris Lotion, and agreeabU t,
the principles aud usages of Uw Chief Jo
lice Marshall decided in Dorr's trial, (hat Iho
principle* ftoJ usages refrrroi to in th.s &(.(
were those of tbo comraou law A part of the
jurisdiction of the District Cv-url in r->
storing fugitive slave# and lb** halt*** c '»r p i
may be used ib aid of it wbcu necessary li
was nwarJe-J here upon the apph.-aiian o' n jrr
ton who complojuc-d that hit alavee were Jetaia
ed from him l nice# they were fugitive slavt-s
they could not be Slaves at nil. accordtn/ to the
petitioner s own doctrine, and if the Judg* t .-ok
that view of the subject, he vat Nunl t: auard
the writ. If the persons rornL.tioJ -u it had
1 urno 1 out. on tho b-^a r »ng. t > Le fa,»•(.«f s !'r. -i
I %}-or, the July of tbc District Judee I o rector-»
them, or bis power tc bring Ibcm l-c'ore him <.
habeas enrpua. wou-J hs*' l-ecu ;h*{ utr I i v
none cii'cpl tbo very few who think tbr.t 11,
constitution and law on that unreel ought o •(
to lo c»l eyed The Jut; if tbo to m .utrr
.uto the facts on which iu .t;. o d-pcu !-.
>i *b plain %& .is duty Dot it wuen
<9 15al tor *; i.i.iaiuiyri eiajvp,-j
tbo toewstigelioa *ti tin' Cv3sr^Uvh.cr
•e, that fTerythint? inpbo c**«’ rc* !,
whether the perevus uasne l tn ihv »ni rffro
(darca cr free
Whether Mr Wheeler vu tbo »<wuer of ibrry
wbother they were unlawfully laheu from him
-whether tbo Ocurt bad }ur>*l>clioQ to rcaur-;-
ihcm~ aU tbe.ee poiott are It'H opfb for win* (
% proper retaru [< »a pot bur Luitmefi? i? ?,i)-
bow they ought to t»o 4ec; lc.l, f jl, we do uct
doubt, that tho Lcame-J eoJ Qf tipht tnefbtreih,
wbo presides to the Lnatricl Court, would hx»c
decided tbeiS aa rightly q« auy jadgo iu it)! ibe
country.- Mf» Wilhxmsoa no right i.> arrest
tho inquiry fifreaaso he supposed that au orry.r
would ty oommitted on the juration «.[ juris Uc
lion, or Any other question, if the assertions,
which hia counsel now make on tho law anl the
facts, be ‘correct, be prevented an adjudication
in favor of his protegees, and thus did thorn a
wrong, Which is probably a greater offence in tus
own eyes than any thing he could do agaiuat Mr.
Wheeler’s rights. There is no reason to believe
that any trouble whatever would bavo coroe out
of the cbso if ho had made a true, full, aud
apeeioi return of all the facts; for tbt-u the
rights of ail parties, bleak and white, could \
havo been settled, or tho matter dismissed for
want of jurisdiction, if tho law so required. |
li U argued that the Court had no jurtsdic- i
tlou, because it was not averred that
were fugitives, hot merely that they owed cer
vloo by tho laws of Virginia. Conceding, for
thoartfumenCtißako that this was tbo only ground
on which the Court could have iutorfored—con
ceding also that It is not substantially alleged in
tbo petition of Mr. Wheeler—tho prooeoding
was, nevertheless, not void for that reason.
The federal tribunals, though Courts of limited
jurisdiction, are not inferior Courts. Their
judgments until reversed by tha proper appellate
Court age valid and oonolueivo upon tho parties,
though the jurisdiction be not alleged in the
pleadings nor on any part of the reoord. (10
Wheaton 192). Even if this were not settled
and otepr law, U would etHl bo certain that the
fact on.%hloh jurisdiction depends, need not be
stated in the process. The .want of such a
statement la the body of the habeas oorpus, or
in tho petition on which it was awarded, did not
givo Mr. Williamson a right to treat it with con
tempt. If It did, tbon the Courts of tbo United
States must got out the ground of their juris
dictioSin every subpoena for a witness; and a
defeotWo or untrue averment will authorise the
witness to be as oontumaoioue as ho sees fit.
But all that was said in tho argument shout
the petition, the writ, and the faots whioh wero
proved, or could bo proved, refers to tho evi
dence,ln whioh the oonviotion took pl&ot. This
has passed 41 in rom judicnlam.” Wc cannot go
one step behind the conviction itself. Wc could
not reverse It iT thqro bad been no evidenoe at
al ! . Wo have no more authority in law to ooroe
between the prisoner and the oourt to free him
from o eenteaoo like this, than we would havo
to countermand an order issued by the cotmnau
der-iD-chief to the United States army.
We have no authorityjarisdlotion or power to
decide anything here except the simple fact that
the Dlstriot Court had power to puuish for oon
tempt a person who disobeye|its procoss—that
the petitioner is oonvioted of such contempt—
and that the oonviotiou is conclusive upon us
Tho jurisdiction of tho oourt on tho case whioh
has been before it, and everything clue whioh
preoeded the conviction itro out of our reach,
and they are not examinable by us—and of
coarse not now intendod to bo decided
There may be oases in whioh we ought to
obeok usurpation of power by the federal Courts.
If one of thorn would presumo, upon any pro
tenoe whatever, to take out of our bands a
prisoner oonvioted of oontempt in this Court,
wo would resist it by all proper and legal moans!
What wo would not permit them to do ogainat
us wo will not do agln&t them.
Wo must maintain the rights of tho Stato
and its Courts, for to them alone can the people
look for a competent administration of their do
mestio oonperns; bat we Will do nothing to Im
pair the.eo&stitutional vigor of the general gov*
ornmentiwbioh is “tho sheet anohor of pur
poaoe at'homo and our safely abroad.”
Some .complaint was made in the argument
about the sentence being for on indefinite time.
If this were erroneous, it would not avail hero,
since we have as little power to revise the judg
ment for ihat reason as for any other. But it
Is not illegal, nor oontrary to the usual rule in
suoh oases. It means commitment until the
party shall make proper submission. (3 Lord
Raymond UGB. 4 Johns, R. 376.)
Tho law will not bargain with any body to let
its oo arts be defied for a specified term of im
prisonment. There aro many persons who
would gladly purohase the honors of martyrdom
in a popular oause at almost any given prioe,
while others are deterred by a mere show of
punishment Each is detained until he finds 4
himself willing to oonform.
This is meroiful to the submissive and not,
too severe upon the refractory. Th© petitioner
therefore carries the key of his prisoado hi*
own pooket. He can oome oat, when be will,
by makiQg torms with the court that s©ak him
there. Bat if he ohoose to struggle for a tri
nmpb—if nothing will oontent him but a dean
victory or & dean defeat—ho cannot expoot us
to aid him. Oar duties are of a widely differ
ent kind. They consist in discouraging as muoh
as in us lies all suoh contests with the legal au
thorities of tho country. Tub writ of habeas
CORPUS IB REFUSED.
ib« New York City Folks Bay
w f Du. iI'LANk'S CELEBRATED VERMIFUGE.
Niw York, August 26, 1862.
Thi* id to certify that 1 am well acquainted with a man
lifty ji-ire of age, for many year* a resident of this city,
who >ma beeu at times exiremely fll, hot could not tell
from what caUHo, unless It was worms. He told his attend
ing physician his suspicions, hut the physician at once
ridiculed the idea, aud refused to attend him any longer
ilia won then mentioned Dr. M’Lane’s Vermifuge, and
asked him If he woul i tafce it; bis reply was—l must take
something io get relief, or die.
They at once procured a bottie of Dr. M' Lanfs celebrated
Yrmiifugty and took one-half at one dose. The result Was,
bo passed upwards of three quarts of wsrrmt , cat Up in
eiory form. He got well immediately, and Is now enjoying
most excellent health; and, like the good Samaritan of
old, is endeavoring to relieve his unfortunate neighbors,
ile makea it his business to hunt up and select cases simi
tar to hie own, that may be given over by the regular phy
sicianu, and Induces them to try Dr. M 7 Lane’s Vermifuge,
aud in every case with the most happy results. He Is well
satisfied that Dr. M’Lane’s Vermifuge is far superior to any
known rvmedy, and that If more generally known, would
not fail to save many valuable lives. For particulars, In
quire of Mrs. Uanile, Cannon street, New York City.
p. ri.—Tho above valuable remedy, also Dr. M’Lano’o cal
colebrahKl Liver Hills, can now be bad at all the respectable
Drug Stores lu tULs city.
Purchasers will pleasa bo careful to ask for, and take none
but Dr M’Lane’s Vermifuge. All others, in comparison,
are worthless.
Also, lor sale by the so e proprietors,
FLEMING BROS.,
Successors to J. Kidd A
sepUdaw No. GO Word street, corner of Fourth.
ftf Joit Received, a superior lot of Lutong
I’ungm* and Grass COATS, which are desirable, and will be
mAI uw rou cash, at GRiBBLE’S,
j y i No. 240 Liberty street, head of Wood.
OHIO & PENNSYLVANIA RAILROAD
THE ONLY RAILROAD
illNilHU WKST KHUH PITTSBURGH.
Tus Fast Train leaves at 2 A. M~ through to Cincinnati
In 12 hours and 40 minutes.
Mail Tract leaves at 8 A. M.
Erracw Train m at 3P. M.
Train* all make close connection* at Crestline, and
Ok- first two connect at Alliance. Tbc direct route to &t.
(.oafs l* now open, via. CreslUne and Indianapolis, 100
tnifi's shorter than via. Cleveland. Connections are made
at Maxodir.ld with the Newark and Sandusky (Sty road;
*ui at Cruatlin* with the three roads concentrating there.
For pariiruura s©« handbill*. No trains run on Sunday.
Through Tickets sold to Oadnnatl, Louisville St. LouiH,
lDdUnap-.-Ua, Cbbago, Hock Island, Fort Wayne, Cleveland,
and tho principal Towns and Qtiaa In the Went.
1 bn SEW iiiUUUTUN ACCOMMODATION TRAIN wiU
leave i k itt»burgb at 10 A M and 6.16 I*. M-, and New Bright
t-/Q at ! A il. and IPM.
F..r T}ck*-u> an-J furtiter information, apply to
J. O CURRY,
At the 'vro*r r>a<ra, under the Monocgohela House'
Or, at the Federal Street Station, to
GEoRIiE PARKIN, Ticket Agent.
|-ilfi*nur,(h 1 Jul) 22, 1566. (Jj24J
OHIO AND INDIANA RAILROAD,
Coniinuation of tho Ohio and Ponna. B, B
TO FU K T WAYNE,
ti'm* asd aiuaTaaa ul*3 rauw rnrEauaou.
•9- Tratru rjocie l at CrvrdUna, u>UAJtxt dtleniitin, tmlh
ai; :V Trjin4 on tV tlAw amj /Vnna aisi alati at
«ml. Traim North and South, on the Mad
kal Kno HaHri-a-i
V' t '■> li*u, fcj'ply »t ib«* lL*ilr>'*4 of tbe Ohk*
>ui lUUi-nU la Ail?
„f hi 111) .-l Lb» p>oi£itj
A trot, h-i IcJantfciQ*,
Oiu> kuLi'.i, IrljOfc,
t«»i t.-Q. a^riuiGekl,
] it lUokpK ll*, lUct>L2oDi,
TtGJu, Hodl*/.
i a » i'-'irvu« T>> »ill b« i'*rtk*uUj tu f«w •
ifi u.- Hi,. IuJt»OA lLftiirv*X
J tt tfTttAUUUAN, §*pX
r t rt >tb«,
Q4' Optutoii* of tt»e Fre»«.—Tbf following i
% .it u ii-« I' *, lu lJi« lh>sU J-UiTml, oi Nc lt. 7,
i*- .1. “AH ‘ U- t~B lb* of U» eights
.« j*q 4
A u wb*u?»*‘r Mudt arts* for their We will
li>- «£ iv tl.i- i-sttor, ftjtJ thro A?-i the mart vr-&-
Siiai at>i rcJac-W* w-p-lVau® Uudr RK&er&i c«evtT
. m ** t>AiXJiV> MAUICAL PAIH KXTUAOIU&.**
ic 3 ate <ss r-r*, &iihry*&4 cvxtwitrk, ihilarum
Hi. * if
•*• viet-trlf, a£li*Qud&j( iK ftj po»m 03 tiu<
Uu>.i%ti t*oJ t, that, ihcogii osff U is daisy tried by thou-
I Cvt afco itf tSiU »£t£*t BATS bat l*
'■*-1 <<r-a o&alUiy eoofrea tb*«j, on oa can*
<j.i.-r*tv.vn, ■ illtfrc? r£»{q be without It.
"Vlv wiw-mf, &ir, til IULLtt, hatt ifltbiy kept the secret
w- btta.<yitf are l>ujy A Wot ft, bat without
mwffl. he oirr«bri{uiO){ BnsritS d*<y au cozapelUiaa,
*ol Us fcUfttyftt*. We eofi&ta&Uj Coasimd
hH to r**-is it* sft|Ufciot*&ei), Co? surely saotx »
14, «h<> laughs at death wad fcuflerlog, nrUtCttwu the
MinJ. »*uko, b»H. ecu) ferret to petfinjUoa, end fclt tJCta
j-j.-i. i« •• • irtctoJ tuA?ei.**
**«■ wish th* of Ihji mighty btesuiug, whfl ki a
. - u l> C3*uklsxl, UoS «pe«d.
q-> K*&um» vtiboai * cttt-l-piftie engraved Uhd|, vUb
UKwBY DALLEY, M*oul*eta»r»
O. V CLIUIifSNKB ft 00, Proprietor*.
*-:J bt il v»ui» per Da D-r. 6. IL KKY3E&, 140
vv Vo koJ by roarlj #v*iy da&ler In cxedi^lDea
BUl&i, Atl oftlsra ax hitUn for In*
t f*r kiiL-n, w b« «UUres»4 to O. V. QUOKJENSXL
k CO . .*7»« Yi*r4
MuNoNUAULLA BRIDGE, \
S«pttiObeT 7 th, 1300. )
n i u- i’rc.-}Uriii and Ua&agers (if tho Company for
l>t-y rmniat; • bridge otor thd lifer MoDongatufLa, oppo
•dtu ld the Ct-uuty t*f Allcgheoy, h&ve this day
jrvbtnki a Dlrklemt uf Six per CeuL on the Capital Stock
u>f ais DK<Qtti9, wbtrb trill be pakl to the Stockholders or
ib<<lr roproA>DtatlTeit, at the Toll Bcmßd,oD and after
tb«> tTth ia*i. (Btplo:3L y ) JOUN THAW,Treasurer.
|, Wc bare jait r«e«lred, by Expreu,
l i-rr-y a targe U 4 oi HUNUAiUAN and other
sokT HATS, ot latoat style, which we will eeU os low far
evil aajr bviiso lu Iht? city. Call and see.
MORGAN A (XL, 104 Weed street,
hUjjSa next hooee to the new Preebyterian Church.
Bts«rtffkltf*-»GEORas R- 01DDLB, of the
U-cjy City of Alhhjheajr, will be a casJkiate tar the office
or tflmrUT of Allegheny County, at the ensnuig elec
tion. i jyfcdewte
PITTSBURGH
Life, Flro and Marine Insurance Company;
COHOSH OF iVATSU AJSD J iABSET STREETS,
PITTBrniUGHy PA.
ROBERT GALWAY, PrealdanL
Jta D. MtiiiL, Becratary.
rbb Company stakes every tnsarahee appertaining to or
coDDoctod with LIFE RISSd.
Alw. against Hull and Cargo Risks on the Ohio and Mis
ehtfippi rivers and tributerta,and Marine Bisks generally.
Audugaloßt Loss and Damage by Fire, and against the
Perils of the Sea and Inland Navigation and Transportation*
Policies iasuedat the lowest rates consistent with safety
to all parties.’
DIEXCtOftS:
Robert Ualway, Alosander Bradley,
■Umesa. Boon, John Fullerton,
Joho Sl’Aluiu, Bamuel M'Clurkan,
NN illlata Phillips, James W. Hallman,
John Bcott, Cha9. Arbathnot,
Jowpb P. Untx&tu, M. D., David Rlohev,
Jauic*3 Marshall, John M’Gllf,
Ilorailo N. Lee, Klttannlng. feb!7
EUREKA INSURANCE COMPANY
OF PITTSBURGH.
JOHN H. &HOBNBKRGEB, Pbssidsst.
ftOUEILT FINNEY, BiO&ttaaY.
U. W. BATOHBLO&, Gbnbeai Aosar.
WILL. INSURE AGAINST ALL, KINDS
MARINE ANO V FIKE RISKS.
DI&BOTO&S :
J IL Shoenberger, Q. W. Casa,
U W. Batchelor, W. K. Nlmlck,
leaao M. PmddocS, T. B. Updike,
W. W. Martin, IL D. Cochran,
H. T. Leech, Jr., John A. Oanghey,
3. Seldonj 8. fl. Bryan,
David McCandless.
AH Losses sustalDtfd by parti us insured under poU
cit-K itimed by this Oompany will be liberally adjusted ned
promptly paid at Its Olßct, No.BO WATER street. {jyU
Pennsylvania Insurance Company
. OP PITTSBURGH,
Corner of Fourth and Smithfleld street!.
' AUTHORIZED CAPITAL, $300,000.
rriKaou Buildings and other Property against Loss
or Damage by Pire, anil tho Perils of the Bee and
iui and Navigation and Transportation.
\ K DIBB020R8:
Wm ' Johnston, Body Patterson, Jaoob Painter,
A. £' *■ ,‘“-xier, W. M’OHntock, KennedyT. Prtend,
J*u? , H Begley, W. 8. Hayen* 1). & Park,
1 o *■. * -nil, Wade Hampton, 1). BL Long,
A . J.H.Jonoa, tLlt.Ooggah&U,
. if A t OFFICER 8:
. ► Hon. WM. P. JOHNSTON.
‘ *• » - '*ni BODY PATTERSON,
■uarovA. A. CARRIER.
<ury„B. & CARRIER,
. i,r . C. n ' ***«»of customarstlwy
* * ■* tof the best eastern
’a wear.
-vis#-
DBIRO TUB
>oe t/flamifactory.
"IKHTSLL & BRO.,
* ialarm iho
\ey haveopened a manufectory
IBS'S BOOTS ANP^SnOSS,
ifleld itrMYy
will be prepared to fill
Boots and Bboeeat the
M. (my2.-6m
T ILL,
$5-Ague and f«ver of Tturee
Standing Cured*— Mr. John Lohgden, now living At
Beaver Dam, Hanover county, near Richmond, had Ague
and Fever for three years; most of the time he had chills
twice a day, soul rarely less than once: he was parched
with fevers as non as the chill left him; and after trying
physicians, quinine,-most of the tonics advertised, and
every thing-tßCOmmended to him, was- about to givo up in
despair, when Carter's Spanish Mixture was spoken of: ha
got two bottles, but before he had used moro than a single
om>, he was perfectly cured, and has not had a chill or
fever since.
Ur. ls only one ont of thousands who have
boon beneUted by this great tonic, alterative and blood pa
rider. See advertisement sep4:lm
lnhhUilOii for Diseased Lungs,
The mode of Inhalation, in case of diseased longs and
throat, recommended by Ur. jOurtls in hlfl advertisement,
strikes os os the true one. , It is now generally admitted by
our best physicians, that focal dlffioaltiss can OBly be suc
cessfully treated by local applications. This practice has
been pursued from the first with respect to external inflam
mation and corrosions, and wo see not why diseases of the
throat and lungs may not be treated in the same manner;
we believe they may. In this variable climate of ours,
where lung and throat complaints have become so preva
lent and rife, we earnestly recommend to the and
to the affiided especially , to avail themselves of Dr. Curtis 1
remedy.—{One who has tried it.] See advertisement in
this paper.
Caution —Da. Quarts' HYGEANA is the original and only
genuine article. v wp4:3wdew
On Bnnday night, oth lost., HENRY GRAFF, Esq., in
the 61st year of his age.
The funeral win take place this (Tuesday) horniko, at
10 o’clock, from his late residence, on Penn street, to pro
ceed to the Allegheny Cemetery. The friends of the family
are Invited to attend. *
On Bnndey morning, 9th Inst., CHARLES G. BANOK
NER, Bon of J. Qardner and Isabella 0. Coffin, aged 2 years
and 9 months.
The friends of the family are requested to attend the
fnneral, raifl (Tuesday) uoamao, at 9 o’clock, from the resi
dence of its parents, Bagaley’s Lane, Allegheny.
NEW ADVERTISEMENTS.
Pio will be a Pic Nio given bv the
Ladies of ST. PETER'S Congregation, Allegheny
City, on THURSDAY, the 13tb at Snyder's Hollow.
A line of omnibusses will start from Fifth street, in this
city, and proceed along Federal street, Allegheny, and the
Manchester road. eepll:3t
Admtnietrator’e Notice.
NOTICE Is hereby given that Letters of Administration
upon the Estate of NANCY U’FADDEN, late of the
City of Pittsburgh. Allegheny County, dec’d. are duly
granted the subscriber; all persons having claims against
tha Estate will present them, duly authenticated; and all
persons Intjahtwi will make payment to the undersigned.
MATTHEW HARRISON, Adm’r,
eeplLGtw Robinson Township.
Notice to Collectors.
THE Collectors of County, Btate, Poor and Militia taxes
In the several Districts of the County are hereby noti
fied that they will be required to settle their duplicates on
or before the first day of January next, as after that period
ail balances will be placed in the hands of the Soli
citor. By order of Commissioners.
JAMES GOBMLEY, Clerk.
rrCc.amitsioncTf ein «, Allegheny County, >
Pittsburgh, September 10th, 1856. f [sepiChfltw
XSORFKTKD INSURANCE STOCK AT AUCTION.—On
p THURSDAY evening, October 4th, at 7 o'clock, at the
Merchants* Exchange, Fourth street, will be sold, by order
of James D. McGill, Bec*y, 45 Shares Capital Stock of Pitts
burgh Life, fire and Marine Insurance Company, forfeited
for non-payment oj -instalment,
aspll P- M. DAVIS, Auctioneer.
SUNDiU ES—lOO bags Rio Ooflee;
25 pockets Java Coffee;
50 nhds N. 0. Sugar;
25 tbla Refined Sugars;
100 bbls prime N. 0. Molasses ;
75 half cheats Young Hyson, imperial and
Gunpowder Teas;
75 boxes fovorite brands Tobacco;
25 boxes Pepper;
25 boxes Pimento;
25 boxes Extract of Coffee;
100 boxes Mould and Dipped Candles;
(5 boxes Star Candles;
100 boxes Rosin Soap;
?5 boxes Variegated Soap;
•£5 doten Buckets;
10 dozen Tube;
200 reams Wrapping Paper ;
20 dozen half tow Bags.
For sale by (gepll) JOHN MOORHEAD.
RIQE —u> tfercee prime just received and far tele by
sepu _ Moorhead
JUJUBE PASTE—2u boxes Lemon;
lu da Rose;
15 do Vanilla;
Just received and for k»lc by
REYMER A ANDERSON,
•epjl No. :>9 Weed street.
UOOR CANDY—IO boxes Veilow ;
25 do White;
20 do No. 1 White;
10 Jo Red;
Ju*t received and for sale by
topll REYMER A ANDERSON
(1 Uil DlioPS—3tx> ftn Lemon, in stb boxes ;
T 200 do Raspberry, <Ju
200 do Vanilla, do
300 do Rose, do
250 do Liqoorlre, do
JeJifrect-tveJ cod for sale by
v tupll REYMER A ANDBK&jN.
PICULKd — ’Zijias haUg&lloo, assorted;
£0 do quarts, do
It) do Uerklua, quarts;
2i do plot Pk.-k.les, assorted;
6 do Onions;
Juft rewired and far gala by
topi! HEVMER A ANDERSON.
A Liberal lUtvard
WILL BB PAID by the undersigned for the return of •
l&tjgesized POCKET BOOK, lost ou Saturday evening
or Sunday moating, coßtalniog no tea, drift* and receipt*,
amounting to ievoml thousand dollars. Payment being
stepped utt the notes and drafts, all persons are cautioned
against negotiating for the na«. Toe tinder will be Hbe
e*Uf reVariLxl folnrnlag ibo came to
. . , JOHN WESTBROOK,
ceplQ-St At the Red Lino Hotel, fit. Clair st.
B&rkft Intelligence O0et«
HOTELS, Honferkeepero, Manatee to rata, Merchants and
Merhahki.ve Invited and solicited to call and obtain
their Help hns their Apprentices. Also, tho working
dasaca, boih Efth sad female, ahail be attended to, and
business found for them on short notice, at BAER'S IN
TELLIGENCE OITICR, No. .410 Liberty street
No answer .returned to applications by mail, unless ac
companied by* postage stamp. eepio
NEW AND DIRECT ROUTE ,
»MiS
Unsarpaseod for Speed & Unrivalled for Comfor
FEOM PITTSBURGH TO
Indianapolis, Chicago,
Cinrinnat!,' Terra Haute, Rock Island, a
Louisville, Vincennes. lowa City,
‘St. Serbia, Sransrilte, Dubuque,
Oaylon, Cairo, Dubuque,
'Xenia, Memphis, Galena,
' Zanesville, Vlcksburgh, Peoria,
, Newark, New Orleans, Peru,
Aio tar psrscipii ciras ra ra* wist akd &odtu,
fta tk
STEUBENVILLE & INDIANA
, BAUROAD!
Which is now anbpleted and in sudceaafal operation be
tween BteubeavillA and Newark, O.
' 9bU Arrangement.
Os acd idler September 10ih, 1565, a daily
mbrnlng and WBdng.una of elegant and swift running
steamers, commitadsd by experienced and accommodating
oSears, vlU'fearer PUtsburgn as follows :
The Mornfpgl'hus composed of steamers FOREST CITY,
OapV Moofoi -and DIURNAL, Capt. ghoalea, leave Pitts
burgu erery day 4 (Sundays excepted,) at 10 o'clock. A. U. t
precisely. - Passengers dine on board, and reach Steuben
ville at 6 P. M., tasking an immediate connection with tne
EVENING'EXPRESS TRAIN of the 8. ft I. R. R—which
makes direct connection at Newark for the above cities.
The Evening line, composed of steamers VENTURE.
Capt,. Gordon, and CLARA FISHER, OapL Gordon, leave
Pittsburgh everyday, at 6 o'clock, P. M. 4&?» Passengers
sleep.cn board, and reach SteabenvUJo at 7 next morning—
laytime forth* Mail Tram, which leaves Immediately, and
makes dir&ct connection for the above cities—thus avoiding
night trinxl by rttfro4±
JB3? Fare as Cheap as by arfy other railroad route.
PorTfcrough and Local T3ckete> and further information,
apply to ; ' JAS. OOLLINB A 00-Agents,
’ r "NoaiJliand 116Waterst-betweenWood
and Smithfleld, Pittsburgh,
a W. WOODWARD. Sup’t
L. D EVEN NY, GflQ. Agent
BeplQ- ' - j
A, MASON AOQ. have juai opened 10
XT SitjcrimicS, Sprague end other make* of Prints,
entlreljsifow ~
SfeatiiAgoou &sl colored Ginghams;
W .** <• wsthfands of Bleached Muslins;
20 balsa ** ' r Btown rt
Ako, a latge sttortmenljof Checks, Drills, Jeans, Tweeds,
,r»b >.-■• k geptO
]l*lfUNKß* Ooooa-A. A. MABON* 00. will open, on
ATl:'Monday large and well selected as
sortmsofcof alilUnary Goods, Blonde Kdfgtng B , fine French
Plswew, Floss Britches, fine French Fruits, Strew Braids,
Moss Ends and Leaves,, Ribbons* Feathers and Velvet
Plqneta, Tlnail Ornaments, Sprigs and JBnnchca, Ac. feeplQ
FUlhiSit’S EARTH—COO lbs for sale by
■ ■■ i. - b-a. FAmreaiooK a 00.,
ABPHALTD!t— —1100 tb, for sals by
wplo ... a A. FAHNESTOCK * 00.
APPLE PARERS—24 il een rexerbe action mvi seif*
adjusting Eaten, suitable for any sired trait, for sala by
KjglU JAMES WABDBOP. 47 With st
/tftt WATS, HATS.—W.’hayti rscalred our PALI,
OP gTLK HATS, which -will bo fomul, ou Id
»6eat and good article. A good Hat for *3,
and an «tra ouoJbr ,4. Call and see.
BOBQAtI. A, CO, Ho. 164iWood st,
- . Rext house to tho new Presbyterian Church,
Erpo . - ' One door from Sixth street.
■ ■ - . : -i.l'ropoaala
TSTlth be received at tho office of R. H. M’Gowln, on
~ jeaanatreet, uotii Wednesday, the litb Inst, for
grading from the Sharpeburgh Plank
aod-thofiiarpsbargh Bridge, and from the abutment
DttbasaidßrMgtton the north side of the riser to the
EtnaandSharpehorgh- Road, near Hobt Oessman’s house.
KE 1 - 8 !!? may be Been at the office of B.
B. tiuowins Information may also be obtained at tho
office crXowiMJjJsai A Co., in Bhnrpsbmgi
MpSeMig&jg <i THOB. WALLACE, Pres’t.
IUOa Cin COnnKROUI. COLkBCB
As,,. .f'W.WESTERH PEHHSTLVAMA,
N.lnitltußTO.to ednoate the BUBIHRS3 MAN. K,,.
legoopep Pay end Eienina, (torn 6 A. M. to »' 0 p 7jJ
k barin ™ "«*> thelr
>o i.<. * . leans or Tumor?:
mercantile comsa, lime nnlim*
{„£_ WMteWUacrclffil calculations, all lee
|ures,ftnd Pracocal Penmanship, - - {86,00
Seme course tor ladies, (apartment separate,) • 20,00
practical—time unlimited, 10,00
name coorso for ladles, (apartment separate*}.- • 0,00
Pehmanshlp, per month. ? . . 4,00
Aifthmetto * 4,00
’fohrnfltiship fflMf ni ou th, *- * 6,00
Higher matfcefcatidL languages, surveying, engineering,
drifting, mechanical, architectural and ornamental draw*
ingand per agreement*
- Those ihatcan attend only In the evening, have all
Ul9 advantages ojlhe day student In lectures and lustroc
tloq,
. 49-CoUege<nftw) corner of Wood and Fourth—eoon In
OoUegn-ilaiV 3 opjaeite the Post Office.
'opS " ‘ F. W. JBNKIN6, Principal.
WOODWEti'S
FURNITURE
CHAIR*.
WHOL \i rt, \n.
EMBRACING fiVBRt a fw Lß OF
FUANITUIUfi,
IN
mtwm, mmm and walnut,
SUITABLE you
PA It LOSS,
CHAMBERS,
AND DININQ ROOMS.
EQUAL TO ANY IN
NEW YORK OR PHILADELPHIA,
AHD AT LOWER -
Every article made by band, and warranted;
d . UL tab|n «t U«k«M
eupphed with any quantity of FURNITURE and CHAIRS,
on reasonable, terme.
Hotels and Bteamboats
FURNISHED AT TIIE SHORTEST NOTICE.
Warerooms, Noi. 11 and 79 Third Btieet*
etttammQß, pa.
A. A. OAOBiBB a. OißUltt
A. A. CAIIKIBB ft. UUO.,
Corner fiurlh and SmWifidd itrectt, PiUlbwgh, ft,
AGENTS
STATE
MUTUAL FIBS AND MABJNB IHSR&&BCB CO
OF HA JLBI 8h V h.(l.
~..„f3*0,000V
CAPITAL
GIBARU
FIBS AND MABIHE INSUBANOh CudU’AHY
Of PHILADELPHIA.
CAPIIAL ......8800,000,
insurance”COMPANY
OF THE TALLER OF TIBOIBIA,
WIBOHBIIIi, TA.
CAPITAL „....8300,000.
CONNECTICUT
MUTUAL LIFE INBUBAHCE COMP AN*
HARTFORD, oohh.
mir CAPITAL AND AB3ET3.~.J&,\&* 9 *ap.
NORTH WESTERN INSURANCE COMPANY,
LFFICE, MERCHANTS’ EXCHANGE, PHILADELPHIA.
CHARIER PERPETUAL.
Authorized Capital, 0300.000 a
LIABLE FOR THE LOSSES OF THE COM
in Slock Notat, (negotiable tonn,)Baonrod byMort*
gages and Judgments.. frfQQjfrK)
id Bills Receivable, Mortgages and judgments,
Bonds, &c~.. Io^DOQ
In Cash, Cash Assets and Cash it*™*,— 17,000
Total... yagortf,
H. OAD WELL, President J. O. BARB, Secretary;
49* Fire, Marine and Inland Transportation *iaks,'taken
at oorrent rates.
BETEBESC7B3. •,
Fmsßcaaa.
James U'Cnlly 4 Co., Oral! BennflU A C 0
W. A D. Rinehart, Zngj Lindsey A Co.
U. L. Hollowell A Co., fihnryy, b. Wright,
David A Brown 4 Co., Q. H. 4 Geo. Abbott.
Harris, iiale 4 Brans A Watson,
Hon. Win. D. Kelley, oh*«- Hegargee 4 Co..
Caleb dope A Co- ;
GRORGE BINGHAM, Agent
jol 96 Water street, Pittsburgh.
WESTERN FARMERS INSURANCE COMPANY,
NEW LISBON, OHIO.
m J. HUNTER, Agou, St Charles Bail ling, No. 109
JL • Third street Pittsburgh.
omens:
F. JL BLOOKfIOM, President
JAMBS BURDICK, Vies President-
LEVI MARTIN, Secretary and Treamrer.
riTTsBU&oa amaiHoxs:
James W. WoodweiJ, Joseph Flnmmer,
James Wood, R ftL Riddle,
Jno. V. Uarhaogh, Dr. Jno, B. ftirk,
J lflj VTm. Simms, Birmingham, Dawson, Newmeyer 4Co
British and Continental Exchange.
SIGHT BILLS DRAWN BY
DUSCAB, SHKRSIAH * CO.
ON THE UNION BANK , LONDON ,
In Suns or £1 AH® Upwa&xb.
DRAFTS are BTiilabla at all the otiociptl
A. Towns of ENGLAND, SCOTLAND and IRELAND aoi
ttw CONTINENT. •
Wo also draw Slims Bills on
JB. A. Graaebamn A Bailie,
FRANKFORT A MAIN, ?
Whlcb Serve as a Remittance to all parts of GERMANY
SWITZERLAND and HOLLAND. ’
Persona intending to travel abroad may procure, through
ua, Letters of Credit, on which Money can bo obtained, as
needed, In any part of Europe.
CoLucnoaj of Bills, Notes, ard other securities la Bo*
rope, will reocive prompt attention.
WM. H. WILLIAMS A GO,
Wood, corner Third street.
WILLIAM HUNTEB,
DEALER EXCLUSIVELY IN
fr'LOTH AN© 4JIMN.
Ho. 299 Liberty street, Pittsburgh, Pa.
aremrso, tho BEBT BBANDfI of
PENNSYLVANIA,
011X0 INDIANA and
MISSOURI, 6DPESFENE and
KXTItA FLOUBgr
Which will always be sold at the Lowest Cash prices. faplP
■ WM. B. HATS & CO.,
DEALERS IN BACON,
HAMS, SIDOS & SHOULDERS
LARD, LARD OIL,
DRIED BEEF,
SUGAR-CURED and
~ _ * CANVASSED HAMS.
A large stock always on hand at
Ho* 997 Liberty street,
•l efl ] PmaagEog, Pxm^a.
a. j. ci}muni,..j. o. 0t0uu!(9...a. o. wm9...w. a. wood was©-
AMERICAN
PAPIER MACHE
MAHBTACTO RIH6 COHPAST,
NO. 18 SBOOND STREET, PITTSBURGH, FA.
MANDP ACTDBEBS ox PAPIER MACHE O&HAHESZS
for Churches, Houses, Steamboats, 404 Mirror end
Picture Pramea, Window and Boor Heads, Brachets,.lrasses,
Cornices, Ventilators and Qmtre Plecsa for CcHtags, Ro.
settes and Uonldhigß of every deecrlptlnui site and design.
oqxapib and warranted more durable than snv other arlfclo
. now in uso.
*3- Orders executed on the shortest notice,
N. B 'Attention of Steamboat BuiLlexs la especially di*
rectet o this article, on account QlitaUghtivti&t;
„ . CUMMINS, TOKKa^kOCL
ho. T 6 Second bL, between Wood and Jlarkat
iea . Httabnrnh.
SEMI-ANNUAL SALE
DRY GOODS
A. A. MASON & CO.
ANNOUNCE the opening of their
Bale of their lmmensa fitoch. Every lirfielA througb*
Ont the establishment wUI be marked, down, and chacd'
©Ot. t; ■ [, ' * JfilQ - -
JOHN COCHRAN & BROS.
M ANUFAOTCRBRS 07
ihon railing, iron vaults.
VAULT BOOHS,
Window Shatters, Boards, tu.. .
Noa, UI Saoond street atid 80 Ttaltd-st,.
(ajTwaaa noon sac nasest^
PITTSBURGH FA, . " " \ '
Havi on hand a variety of new pattern! easy an.
Plain, suitable for all purposes. ParUcnlar attentipn pald
to enclosing erase tote. Johlilngilnpa at short nctlce. I mitt
S. M’KEE & CO-,
ruasxAoni&xas dr -
M ’KEE• 9 PENNSYLVANIA GLAS3
ail data or
WINDOW GLASS, '
Extra, Double Strength, Imitation Crown and Bnby
Vlais, riaake, Pickle and Preserra data;
Wine, Porter and Mineral Eettlesi.
Telegraphic & Lightning-Bod Inanlaton.
SECOND, BETWEEH WOOD * market Bjo A
EOTBBPaQH- VBTffA.
™ Steamboat landing. &nd'
from Monongahela House, St Charles, CltyKo^^apgl
J* H.
JONES & DENNY,
Forwarding and Commission Merchant?,
apis J oi WATER BTRBgft PpnSBUBCIHf
.
TO /laDJPltOa TU.A2 ICASTKHN Cliltia
ru pssna lanai and smlboads, .
D. LEE'OH & CO.’S LIN®,
Betwee* Sev Ycxit, Philadelphia
and Baltimore.'' < '- i-i K.-:
r V, la BOUTE being now In good order, we»»mrerpattd
y .o o*spatcb property eUberrway on fimffabfc ,terms,
it j »uei ts coaslg&fti to either fir the QiMterfligneif*sflt®
iOc * * t Jed without charge fog<om&fastenB;Ena all tDStmc*'
tlon' rromplly attended to.
Address or apply to “ DfLBECH* 00.,.
Penn streetand CanaLPittaburttb. '
HABRIs i * *
aeeeMsg Depot No. 18 Bouthslital street”
DetlYerlng Dgnertj Dock it, PbtlidelpfcUi
No. T 6
JNO.. MCDONALD. Agent, ~
No.? Battccy Elate; new York.
«p4:3m ts
MERRICK HOUSE.
' v - A? / B LOS,S,OM» PrOPBIETC®. ■
9EW BRIQUTOH,
ssavsb covxrz % pa
Retuorah
J. RISfrTEH & <XK bare maovodtheir office to Ncv. 2d
JL • HUth a treat, opposite Mwosris la Dr- Q> & S'av'e
Oculist) office, where dtizaas will Bod the books oh a to
receiveau jecriptloaß tor UVfi Of WASHING
luN. »q 4 otnaf inte pubdastioas Jj3i
J>.DBHHY,