C Y . The 'rater NOVEMBER O, 1862 . , NOVEMBER It, 1863. 6A. m...... 18 M..... 8 Y. 1. 6 A.. A11.....12 DK BP. Y. 36 fits 66 32J. .4B 47 'WIND. virlatt. S SS Wby 5... WS W... WS W AM FOR TIIR SUFFERERS AT RIMISIOND. .-Our suffering brethren in Libby Prison will soon :realize the munificent charity and noble-hearted :appreoiation of the good people of. Philadelphia. Tkey will have no reason to repine at ingratitude or cruel neglect. Since it was publicly proclaimed, through the city newspapers, that the brave feilowa who fought so nobly at Gettyiburg, and other bloody 'hetes, were stricken with hunger and disease, their Intintic Mends at home were at once aroused, and the past few days have witnessed such exhibitions of kindliness and devetion that are calculated to fill every bosom with pride and fervor. Our city has never been backward in any Call upon her for good purposes. Foremost in deeds of philanthropy as in patriotism, she has done for the soldier what few other cities have scarcely approached. Who could say there could have been faltering now, when an appeal so urgent and so doleful is heard from the fearful cells of Richmond? We are toil by exchanged prisoners and eye.witnesses, that the scenes of destitution and hunger daily presented at Libby Prison exceed in horror the records of any treatment ever awarded by civilized nations to their prisoners of war. Letters are daily received, in which the men urgently appeal to their friends at home to send them the necessaries of life. They do not in any instance reveal their true condition, for all communications must be submitted to rebel supervision. They contain, htwever, pathetic and touching words, begging that in our luxurious hap-. - Meese we bestow a thought upon the suffering prisoners. Right nobly is their appeal being an swered, and .may it long continue so. The Chris- Ban Commission have taken in charge the respon sibility of having all the contributions of Philadel phia safely delivered within the rebel lines. That organization has done herculean service 'in the past, in behalf of the sick and wounded soldiers. Before the war; he men composing it, organized as the Xoung ltileu's Christian Aseociation, rendered snore or less valuable service in the cause of religion. It is questionable., if comparisons of effeets can be made, whether that organization ever expended its ereigiee In a more Christian, humanitarian, or pro. 'Arable manner than in that to which it has now de- Noted itself. They have the good wishes of the com munity, and they ought to have its more substantial assistance. Let'us not forget the suffering prisoners at Richmond. 40. PERSONAL.—It is gratifying to the nil therm friends of Mr. Sohn Cr. Butler to notice that he has been appointed to the responsible position of chief coiner of the United States Mint in this city. Mr. Butler has for two years held the position of assistant coiner, and this promotion is a deserved tribute to the manner with which he has performed the duties of that office. He is entirely competent to discharge the Unties of chief. The position was =tide vacant by the resignation of Mr. Lewis R. Brosnan, who, in the recent election, was chosen by the Union people of Philadelphia to the office of Re corder of Deeds. REOPENING OF A CHURCIT.—The reopen ing of the Church of the Evangeliats, Catharine street, near Seventh, will -be commemorated by an appropriate celebration, this evening, in the lecture. room. Addresses will be delivered, accompanied by a concert of sacred music, after which the church will be brilliantly illuminated and thrown open to visitors. The formal opening of the church for divine service will take place on Sunday, 15th inet., when iNehop Potter and other distinguished clergymen Will take part in the exercises. A NATIONAL BAINK IN FRANKFORD.—The business men of Frankford have taken initiatory steps towards the establishment of a national bank in their midst. The project has met with high favor, and subscriptions are so Wive that the committee having the matter in charge announce that stock can be purchased only for a few days More. The subscribers hold a meeting, oa Friday evening, at Wright's Institute, to take measures for an Imme diate organization. TEANSFEREED.—Tte Rev. A. G. Tho mas formerly Chaplain of the U. S. Army Hospital, at Fifth and Buttonwood streets, has been transfer- Ted to the Convalescent Hospital, Sixteenth and Filbert streets. Chaplain Thomas has labored faithfully in preaching the word of life, and admini stering to the wants of the sick and dying soldiers, ;duce the rebellion broke nut. TICE SUBSCEIPTION AGENT reports the stale of $1,107.250 in five twenties yesterday. Tee deltveriee of bonds in moderate amounts are still made on the receipt of aunsoriptions. The. daily re ceipts, from the first, average over half a million dollars; and notwithstanding the reported scarcity of money, the people at large are continuing their aubsoriptions... STEAM CARRIAGE.—The steam carriage of which there was a private exhibition at the Point Breeze Park on Tuesday afternoon, passed through a number of the principal streets yesterday. 'The people were somewhat amused as well as in lerested at the novelty. A satisfactory result was attained. Horses were not frightened at the ma chine. SOLDIER'S FIINERAL.—The funeral of the late Captain Sohn S. Jarden, of the 112th Peansyl -yenta Volunteers, will take place at 2 o'clock from No. 1342 Spring Garden street. Company C, of the Gray Reserves, will attend the funeral. The de ceased will be buried in Monument Cemetery. •Mrsmßlous.-Mr. James Evans, who re aides on South street, near. Sixth, was found in an insensible condition on the sidewalk a few rods from his residence. He had a severe wound in the back of his head. Whether this resulted from a fall or otherwise has not been satisfactorily ascertained. LEGAL INTELLIGENCE. ' :Supreme Court of Pennsylvania—Chief Jus. • tice Lowrie, and Justices Woodward, Thompson, Strong audßead. , THE CONSCRIPTION ACT DECLARED TO BR lINCONSTI TUITIONAL BT A MAJORITY or THE COUAT—JIIS .TIORS STRONG AND READ DISSENT. On the loth inst. the court Sitting at Harrisburg, - rendered judgment in the cases of Kneedler and other's, against the provost marshals of this city, in "favor of the complainants, granting the preliminary injunctions asked for. The cases were argued in this city, before a full bench, by ceunsel for the coin . plainents only, the United States not being repre sented. They came up on 'bills in equity, filed by the complainants, who were drafted men of this city, praying for injuoctions to restrain the provost marshals from proceeding with the draft, the ground being the alleged unconstitutionality of the consorip lion aut. The opinion of the majority, viz: Chief Justice Lowrie, and Justices Woodward and Thomp , son, was delivered by Chief Justice Lowrie—Jus flees Strong and Read both dissent. The opinions are too lengthy for our columns, buts brief abstract may not be uninteresting. The opinion says : That Constitution, adopting our historical expe rience recognizes two sorts of military land forces— the militia - and the army, sometimes called the regu lar, and sometimes the standing army—and dele— gates to Congress power "to raise and support armies," and "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." But though Bela sterol Congress is intended, to provide means for suppressing the rebellion, yet it is apparent that it is not founded on the power of "calling forth the militia," for those who are drafted under it have not been armed, organized, and disciplined - under State officers, as the Constitution requires.— * Art 1,8, 10. It is, therefore, only upon the power to raise armies that this act can be founded, and as this power is undisputed, the question is made to turn on the auxiliary power to pass "all laws which shall be necessary and proper" for that purpose.— Art. 1,8, 18. It is therefore a question of the mode of exercising the power of (raising armies. Is it ad missible to call forced recruiting a ' , necessary and proper" mode of exercising this power I The fact of rebellion would not seem to make it so, because the inadequacy or insufficieney of the permanent and active forces of the Government for smolt a case is expressly provided for - by the power to call forth the usually dormant terse, the militia ; and that, therefore, is the only remedy allowed, at least until it has been fully tried and failed, accord. ing to the maxims, expressio unius est arclusto &terms, and expretsum _tacit cessarl taciturn. No other mode can be necessary' and proper so long as a provided mode remains untried ; and the force of these max ims is increased by the express provision of the Con " Mutton, that powers not granted are reserved, and none shall We implied from the enumeration of those which are reserved. _Amendments 9, 10. A granted lolled) , for a given ease would therefore seem to ex • elude all ungranted ones. Or, to lay the least, the militia not having been called forth, it does not and cannot appear that another mode is necessary for suppressing the rebellion. Though, therefore, this act was passed to provide means for suppressing the rebellion, yet the authori ty to pass it does not depend upon the fact of re • hellion. That fact authorizes forced levies of- the Militia under their own State officers, but not for the regular army. But It is not important that Congress may have assigned an insufficient reason for the law. If it may pass such a law for any reason we must sustain it for that reason. The question then is, may Con gress, independent of the fast of rebellion or lova alma, make forced levies in order to recruit the regu lar army, If it may, it may do so even When no war exists or threatens, and make this the regular mode of re cruiting. It may disregard all considerations of age, (occupation, profession, and official station; it May take our Governors, legislators, heads of State departments, judges, sheriffs, and all inferior officers, and all our clergy and public teachers, and leave !the State .entirely disorganized; it may admit no binding rule of equality or proportion for the pro. Iteotion of individuals, States, and sections. In all other matters of allowed forced contribution to the Union, duties, imports, exercises, and direst taxes, and organizing and training the militia, - the rule of uniformity, equality or proportion, is fixed in the Constitution. It could not be so in calling out the militia, because the emergency of rebellion • or-invasion does not always allow of this. But for the recruiting of the army no such reason ' exists ; and yet, contrary to the role of other cases, if it may be recruited by force, we find no regulation or limitation of the exercise of the power so as to hrevent it from being arbitrary and partial, and ence we infer that such a mode of raising armies was not thought of and was not granted. If any such mode had been in the intention of the fathers of the Constitutien, they would certainly have sub iected it to some rule of equality or proportion, and to some restriction in favor of State rights, as they bare done in other eases of compulsory contribu. Bons to Federal neeereenies. We are forbidden by the Constitution from inferring the grant of this power from it not being enumerated as reserved; and the rule that what is not granted isreserved operates in the same way, and is equivalent to the ;largest bill of rights. But even. if it be admitted that the regular army tray be recruited by forced levies, it does not seem to me that the constitutionality of this act is deci ded. The question would then take the narrower Abria. Is this mode of coercion constitution./ It seems to me that it is so essentially incompatie Pie with the provisions of the Constitution relative to the militia that it cannot be. On this subject, as on all others, all powers not delegated are reserved. :This power is not expressly delegated, and cannot rte impliedly so, if incompatible with any reserved or granted powers. This is not only the express rule of the Constitution, but it is necessarily so ; for we know the extent to which State functions were -abated by the Federal Constitution only by the ex .prese or necessarily implied terms of the law or compact in which the abatement is provided for. And this is the rule in regard to the common law; it is changed by statue only so far as the expression of the statue requires it to'be. Now, the militia was a State institution before the adoption of a Federal Constitution, and must continue so, except so far as that Constitution changes it; that is, by subjecting it, under State Officers, to Organization and training according to one uniform Federal law, and to be called forth to suppress insurrection and repel invasion, when the aid of the Federal Government is needed, and it needs this force. For this purpose it is a Federal force ; for all others it is a State force, and it is called in the Constitution "the militia of the seve. Tel States, ,, 2, 2,1. It is, therefore, the standing force of the States, as well as, in certain specified eespetits ' the standing force of the Union. And the Tight of the States to have it is not only not granted away, but it is expressly reserved, and its whole :history shows its purpose to be to secure domestic tranquility, suppress insurrections. and repel inva- Miens. Neither the States not the Union have any Other militia thauthls. ' Now, it seems to me plain that the Federal Go -'vernment has no express and can have no implied power to institute any national force that is incon sistent with -this. This force shall continue, says the Constitution, and the Federal Government Shall make laws to organize and train it as it thinks best, and shall have the use of it when needed ; this Seennt reasonable and sufficient ; is the . force pro- Vided for in this act inconsistent with itl - it e seenie to me it is. By it all men between the ages Srlf twenty and forty-five are "declared to constitute the national forces," and made liable to military duty, and this is so nearly the class which is usually enderatoed to ,constitute the military =QM For the jtOitdiction of this Court to set aside an act of Congress as unconstitutional, and to grant the •'Tsar Pinsted for I refer myself ee the views of the Chief Justice in the opinion he has jest delivered in these cases, and I come at Once to the Pomotitll' lion al question. The act begins with a preamble which recites the existing insurrection and rebellion against the au thority of the United States, the duty of the Go vernment to suppress insurrection and rebellion, to guaranty to each State a republican form of govern ment, and to preserve the public tranquility, and de clares that for these high purposes a militate force is indispensable, " toeaite anti support which all persons ought willinglrto contribute," and that no service is more praiseworthy and honorable than the maintenance of the Constitution and Union and then goes on to provide for the enrolling of all the able-bodied male citizens of the United States, and persons of foreign birth, who have declared their Intention to become eitizensebetween the ages of twenty-one and lorty five years, and these able bodied citizens and foreigners, with certain excep tions afterward - enumerated, are declared "the na tional forces;" and made liable to perform military duty when called out by the President. The act di vides the country into military districts, correspond ing with the Congressional districte, provides for provost marshals and enrolling boards, and regu lates the details of such drafts as the President shall order to be made from the national forcers so enrolled. The payment of $3OO excuses any drafted person, so tbat it is, in fact, a law providing fora compulsory draft- or conscription of such citizens as are unwil ling or unable to purchase exemption at the stipula ted price. It is the first instance, in our Watery, of legislation forcing a great public burden' on the poor. Our State legislation, which exempts men who are not worth more than $3OO from paying their own debts, is in striking contrast with this conscrip tion law, which devolves upon such men the burden Which belongs to the whole'" national forces," and to which "all persons ought willingly to contri bute." This, however, is an objection to the spirit of the enactment rather than to its constitution ality. Unless there is more magic in a name than has ever been supposed, this conscript law was intended to act upon the State militia, and our question is, therefore, wether Congress has power to impress or draft the militia of the State. I cannot perceive what objection can be taken.to this statement of the question, for merely it will not be argued that calling the militia national forces, makes them something else than the militia. If Congress did not meauto draft the militia under this law, where did they ex pect to find the national forces? "All able-bodied •white male citizens, between the ages of twenty-one and forty five years, residing in this State, and not exempted by the laws of the United States," with certain specified. exceptions, constitute our State militia: Will it be said that the conscript law was not intended to operate on •theael I think it will not. Then, if it does touch, and was framed and designed to draft this very class of citizens, no pos sible objection can be taken to the above statement of the question we have to decide. I, therefore, repeat the question with great Pon& dence in its accuracy, has Congress the constitu tional power to impress or draft into the military service of the United States the militia men of Pennsyl t This question has to be answered by the Condi tution of the United States, because that instru ment, framed by deputies of the people of the States and ratified and put into effect by the States them selves in. their respective corporate capacities, dele gates to Congress all the powers that body can exer cise. Theme delegations are either express or such implications as are essential to the execution of-ex pressly delegated powers. There are but three provisions in the Constitution of the United States that can be appealed to in sup port of this legislation. In our ordinary editions they stand numbered as clauses 13, t 6, and 17 of the iectien of Act 1, of the Constitution: "13. Congress shall have power to raise and sup port armless, but no appropriations of money to that use shall be for a longer term than two years. - "16. Congress shall have power to proyide for calling forth the militia to execute the laws of the Union, to suppress insurrections and repel lava dons. "17. Congress shall have power to provide for or ganizing, arming and disciplining the militia s and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officera, and the authority of -training the militia according to the discipline prescribed by Congress n "To raise armies "—these are large words. What do they mean? There could be no limitation upon the number or size of thenarmies to be raised, for all possible contingencies could not be foreseen; but our question has not reference to numbers or size, but to the mode of raising armies. The framers of the Con stitution, and the States who adopted it, derived their ideas of government principally from the ex ample of Great Britain—certainly not from any of the more imperial and despotic Government 3 of the earth. What they meant to make was a more free Constitution than that of Great Britain—taking that as a model in some things—but enlarging the basis of popular rights in all respects that would be consistent with order and stability. They knew that the British army had generally been recruited by voluntary enlistments; stimulated by wages, and " bounties, and that the few instances of impressment and forced conscriptions of land forces had met with the disfavor of the Feglish nation, and had led to preventive Statutes. In 1104, and again in 1707, con scription bills were attempted in Parliament, but laid aside as unconstitutional. During the Ameri can revolution a statute, 19 George 111., C. 10, per mitted the impressment of "idle and disorderly persons not following - any lawful trade, or having some substance sufficient for their subsistence," and this was as far as English legislation had gone when our Federal Constitution was planned. Assuredly the framers of our Constitution did not intend to subject the people of the States to a system of con scription which was applied in the mother country only to paupers and vagabonds. On the contrary, I infer that the power conferred on Congress was the power to raise armies by. the ordinary English' mode of voluntary enlistments. - The people were justly jealous of standing armies. Hence they took Away most of the war power from the Executive, soMere, under monarchical forms, it generally-resides, and vested it in the legislatiyede partment, in one branch of which the States have equal representation, and in the other branch of which the people of the States are directly repre sented, according to their numbers. -To these repre tentative' of the States and the people, this power of originating war was committed, but even in their hands it was restrained by thelimitation of biennial appropriations for the support of the armies they might raise. 01 course, no armies could be raised or supported which did not command popular approba tion, and it was rightfully considered that voluntary enlistments would never be wanting to recruit the ranks of such an army. The war power, existing only for the protection of the people, and left, as far as it was possible to leave it, in their own hands, was incapable of being used without their consent, and, therefore, could never Imaguish for enlistments. They would be ready enough , to recruit the ranks of any army they deemed necessary for their safety. Thus, the theory of the Constitution placed this great power, like all other governmental powers, directly upon the consent of the governed. • The theory itself was founded on free and fair elections—which are the fundamental postulate of the Constitution. If the patronage and power of the Government shall ever be employed to control popular elections; the nominal representatives of the people may cease to be their real representatives, ' and then the armies which may be raised may not so command public confidence as to attract the ne cessary recruits, and then conscript laws and other extra constitutional expedients may become neces. Nary to fill the ranks. Bat Governmental interfe rence with popelar elections will be subversion of the Constitution, and no constitutional argument can assume such a possibility. Could the State Government strike at the war power,of the Federal Government without endan- gerieg every man's rights? In view of the existing rebellion, no man would hesitate how to answer this question, and yet is it not equally apparent that when the Federal Government usurps a power over the State militia Which Was never delegated, every man's domestic rights (and they are thoee which touch himenost closets ) are equally endangered 7 - • The great vice of the conscript law is; that it is founded on an assumption that Congreas may take away not the State rights of the citizen, but the security and foundation of hie State rights. • Aad how long is civil liberty expected to last, after the . securities of liberty are destroned t The Con stitution of the United States committee' the liber ties of the citizen in part to the Federal Govern ment, but expressly reserved to the States, and the people of the States, all it did not delegate. It gave the General Government a standing army, but left to the States their militia. Its purposes in , all thin balancing of powers were wise and good, but this legislation disregards these distinctions, and upturns the whole system of government when it converts the State militia into "national. forces," and claims to Me and govern them as such. Times of rebellion, above all others, are the times When we should Stick to our fundamental law, lest We drift into anarchy on one hand, or into despotism on the other. The great sin of the present rebellion consists in violating the Constitution whereby ever? man's civil rights are exposed to sacrifice. Unless the Government be kept on the foundation of the Constitution, we imitate the sin of the rebels, mad thereby encourage them, whilst we weaken and dis hearten the friends of constitutional order and go vernment. The plaintiffffs in these bills have good right, I think, -as citizens of Pennsylvania to' cam plain of the act in question, not only on the grounds I have indicated, but on another to 'which I will briefly allude. The 12th section provides that the drafted person shall receive ten days' notice of the rendezvous at 'which he le to report for duty, and the 13th section enacts " that If he fella to report himself in pursu ance Of such notice without furnishing a substitute or paying the required sum therefor, he shall be deemed a deserter, and shall be arrested by the pros vest marshal, and sent to the nearest military post for trial by (meet martial." The only qualitication to which this proyleion is subject, is- that, upon pro- per showing that he is not , able to do military duty, the board of enrolment may relieve him from the draft. One of the complainants, Kneedler, hail set forth the Dottie that was served on him in pursuance of this section, and by which he was informed that un less he appeared on a certain day, he would be "deemed a deserter, and be subject to the penalty prescribed therefor, by the rules and articles of war." I believe the penalty of desertion by the military code is any , corporeal punishment a court-martial may choose to inflict, even to that of being put to death. Can a citizen be made a deserter before he has be come a soldier ? Has Congress the constitutional power to authorize provost marshals, after drawing the name of a freeman from a wheel and serving him. with a ten• daps notice, to seize and drag him before . a court martial for trial under military law ? This question touches the foundations of personal liberty. In June, 1216, the Throne of England and their ,retainers "IS 'numerous host, encamped upon the grassy pain of Runnymede," wrung from King John that great Charter which declared, among other securities of the rights and liberties of Eng lishmen, that "no,freeman shall be arrested or im prisoned, or deprived of his freehold or his liberties or free customs, or be outlawed or exiled, or in any manner harmed, nor ,will we (the King) proceed against him, nor send any one against him by force of arms, unless according to ithe sentence of, his peers (which includes trial by jury) or the common law of England." Here was laid the strong foundation of the liberties of the race to width, we be. force of the, States that we may say that this act covers the whole ground of the militia and ex hausts it entirely. It is, in fact, in all its features, a militia for national, instead of State purposes, though claiming justification only under the power to lain armies and accidentally under the fact Of the rebellion. It seems to me this is an unauthorized substitute for the militia of the States. If valid, it completely snuffle, for the time being, the remedy for insurrec tion provided by the Constitution, and substitutes a new and unprovided one. Or, rather, it takes that very State force, strips it of its officers, deeming it of its organization, and reconstructs its elements under ailifterent authority, thOugh under somewhat simi lar forms. If this act se law, it is supreme law, and the States have no militia out of the class usually called to militia duty ; for the whole class is appro priated as a national force under this law, and•no State can make any law that is inconsistent with it. The State militia is Wiped out if this act is valid, except so far as it may be permitted by the Federal Government. If Congress may thus, under its power to raise armies, constitute all the State militia men into "national forces" as part of the regular army, and make them "liable to perform duty in the service of the United States when callel out by the President," I cannot see that it may not require from them all a constant military train ing under Federal officers as a preparation for the greatest efficiency when they shall be so walled out, and then all the State militia and civil officers may be put into the ranks and subjected to the command of such officers as the President may appoint, and every one would then see that the sonstitutional State militia becomes a mere name. The Constitu tion makes it, and the men in it, a national force in a given contingency, and in a prescribed form, but this act makes them so irrespective of the constitu tional form and contingency. This is the substantial fad, and I am not able to re f ine it away. And it seems to me that this act is unconstitution• al, because it plainly violates the State systems in this, that it incorporates into this new national force every State civil officer, except the Governor, and this exception might have been omitted, and every officer of all our social institutions, clergymen, pro fessors, teachers, superintendents of hospitals, &0,, and degrades all our State generals, colonels, Eas. jors, &c., into Common soldiers, and thus subjects all the social, civil, and military organization of the States to the Federal power to raise armies, poten tially wipis them out altogether, and leaves the States as defenceless as an ancient city with its walls broken down. Nothing is left that has any constitu , (fond right to stand before the will of the Feder:el Government. oriracT Jusmiaz wooDvreAD long. And yet not here, for Magna Charts i created no rights, but. only reasserted those which I existed long before at 'common law. It was for the most part, says Lord Coke, merely declaratory- , of the principal grounds of the fundamental laws of England. Par back of Magna Charta, in the cue toms and maxims of our Saxon ancestry. those prin ciples of libkrty lay scattered which were gathered together in that immortal document, which four hundred years afterward!' were again re-asserted in two other great declaratory statutes, "The Petition Of Right," and "The Bill of Rights," and 'which were transplanted into our Declaratron of Indepen dence, the bill of rights to our State Constitution and the amendments to our Federal Constitution, and which have thus become the heritage of these Eln person tiff Says ' t thes h article of the amendments: No shall be held to answer for a capital or . otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or In the militia when in actual service in time of war or public danger." What is the scope of this exception? The land or naval forces mean the regular military or• ganization of the Government—the standing army and navy—into which citizens are introduced by military education from boyhood or by enlistments, and become, by their own consent, subject to the ' military code, and liable to be tried and punished without any of the forms or safeguards of the com mon law. In like manner the militia. when duly called out and placed "in actual service," are sub- ject to the rules and articles of war, all their coin momlaw rights of personal freedom being for the time suspended. But when are militia men in actual service? When they have been notified of a draft? Judge Story, in speaking of the authority of Con. greets over the militia, says : " The question when the authority of Congress over the militia becomes exclusive must essentially depend upon the fact when they are to be deemed in the actual servivs of the United States; There is a clear distinction be tween calling forth the militia and their being in actual service. These are not contemporaneous acts, nor necessarily identical in their constitu tional leanings. The President is not commander in-chief of the militia, except when in actual ser vice, and not merely when they are ordered into service. They are subjected to metial lato only whet in ochre, service, and not raerelg lehen called fi,rik ber, acts on the subject, Manifestly they have obeyed th e call, The gate of 1788. cegulze tlfstinotisin. • 0%"_,,,,,,ring and ocher ""..-„ensplate withthe militia n the ntfarldng of being '",n the actual service. there must be teenth street. to be removed from the premleas, tna stone mansion. frame tenant house, barn, green house: about &COO feet box bush, fencing, &c, .ti` May be examined any time previous to sale. - p A.ll COAST & WARNOCK, AT3O - Ro. 213 MARKET Street. LARGE, SPECIAL. POSITIVE SALE OF GERMAN TOWN FANCY-KNIT G.OODI by Gatatogas. ON FRIDAY MORNING. Nov. 13. commencing at 10 o'clock precisely, comp MO doz. late styles and co2ors, for ladles'. gents'. misses and chi , dren'e wear HOODS. —Ladies'. misses'. and children's femeY an/2yr knit hoods, or most desirable styles and colors_ SONTAGS. ladMs choice assorted colors fancy knit Sontags ; ladies' and misses skating jacket!. ace. NUB adies' solid colors and fancy mimes. SCARFS.—Gents' and boys' new styles fancy wool scarfs HOSIERY GOADS —Also. ladies' and gents' *loves. shirts and drawers: men's, women's, and children wove hosiery,e otions, head bets. &c. GILLETTE & SCOTT, Tromms, SaVle'R Marble Slltldf ,g 619 13.113877137' Street, and 616 ..TAYI7I3 Street. Philadelphia. MOSES NATRA_NS, AUCTIONEER, Southeast corner a Sts:ret and M 303 Streets. NATMANS' L LEGE SALE OF FORFEITED GOODS. 1.500 LOTS' OF FORE; ITV CO E,L A.TERALS. ON TUESDAY MORNING. November 17th. at 9 o'clock - . at Moses Nattians' Auc tion Store. Nos. ItS and TM North Sixth ereet, ac joining the Southeast corner of Sixth and Race Streets, consist ing in part of gentlemen and ladles' clothing, bedding. books, miscellaneous articles, &c viz : ALEN'S OD/THING. Fine beaver cloth and other overcoats; - fine cloth frock, dress, business. and sack costs; cassimsre pants; silk, satin, cloth, and other vest. , . shirts. &c. LADIES' CLOTELING. Fine silk. cashmere and other dresses and dress Patterns: skirts, underclothing generally; broche, Bay State woolen, plaid. crape. merino, &telia. and other shawls; scarfs, cloaks,circtilars, mantillas gloves. hosiers, &c. • BED CLOTHING, &c. Fine quilts. counterpanes. comfortsblos. Fpreale. blia.— .kets, sheets, pillow-casee.towe KS ls. curtains, Zrc. 800. Gallery of l'a.ure. by Rev. Thcmes A.; History of the Captivity of :Napoleon; Fleetwood's Life of Christ: Watson's Practice of Phs-Ficei condiez By 1131's Worlcs s oler did set of Shakspere's Works, ale zanil-y illustrated and bound; Wordsworth's Poetical Works:Znited Rates] Exploring Expedition;' - and one hundred other.. MISCELLANEOUS ARTICLES. Silk and cotton umbrellas: every variety of melee and women's boots, shoes, gaiters, Monroes, and slippers; boys , and girls' hoots and shoes: trunk s. valise, clocks, banjos, guitars. violins:guns pistols, mathematical in— struments accordeons, tailors' shears. stereoscope and. Views, knives and forks. sp ,ons, doe gold...jewelry, car penter and other tools, and 11111.10115 ther articles. The goods a- e numbered anc open for examina tion on the morning of sale— ORDER OF LE:—The ladies' clothing and bedding will be sold first; men's clothing at 10 o'clock; books Precisely at 11 o'clock,.. and the miscellaneous articles. immediately after. DU M NATH ANS. ' - SHIPPING, gia STEAM WEEKLY TO LIVER. POOL, tonchina at,Q.neenatown, (Cork Her b or. ) The well-knotan SteaMete of the Liven:wry NSW York, and Phitadelphla Steamship Company are intend. eti to sail Ets 10 . 1101Ve : ' CITY OF W VSHINGTON... —Saturday, November 14. EDTITSITRGE Saturday. November I. CITY OF .LONDON Saturday, November 213. And every succeeded Saturday at noon. from ?ter No. 44, Norte River. BATES OF PASSAGE Payable in Gold", — or itsuivalent in Cairene?. FIRST CABIN, $.90 n eq o STEERAGE, IX) Do. to London, 80 00 Do. to London, 34 Do. to Paris, 90 00 Do. to Paris, 40 00 Do. to Hamburg, 90 00 Do. to Rambnra.37 0$ Passengers also forwarded to Havre. Bremen, Rotter dam, Antwerp, ac., at equally low rates. Fares from Liverpool or 4 aueenstown: let Cabin. trik $65, SIM Steerage from Liverpool, , ,lSO. From Queen*. town, WO. ose who wish to send for their friende can buy their tickets here at these rates. For further information, appl7 at the Compilmy's officer. JOPII Cl. DALE. Agent, fe2ls 111 WALNUT Street. Philadelphia- BOSTON AND PHILA.Thilit - PHIS STEAMSHIP LINTS. sr3lfngg from each port on SATURDAYS, from first Whorl abOVO Pan Street, Philadelphia, and. Long Wharf. Boston. The steamer SAlON.Capteie 3fattb Ayr', will sell frau Philadelphia for Boston on SATURDAY. November Kat 10 o'clock A.M.; and steamer NORMAL Captain Baker. from Boston, on same day, at 4 P. M. These now and enbstantial steamehias form a regain line, sailing from each port punctually on Saturdays. Inm:ix/Int-ex °Sated st one-hat the Wanting! Chatty/ On EMI yeesela. Freights taken st fair rates. ShiPPara are requested. 445 egad Slip $444:451ifa mil Bilk 144/mg with their goods. For Freight or Passage (having lee aseommotiatteal, apply to . HENRY WINSOR CO.. mho. 432 Smith DELAWARE Ayeame. EXPRESS COMPANIES. Ring t THE ADAMS EX. rarss cou - pAzrz, (Ace min CHESTNUT Street, forwards Parcels, Packages, Ilia , eliandise. Bank Notes, and Specie. either by its *Mt lines or in connection with other Express CenleiZ to ail the principal Towns and Cities in the States. E. S. SANDFORD. fe26 General Saperhatenient. COAL. G ENUINE- EAGLE v 1 IN COAL— E q ual. if not superior to Lehigh. Also, Hart's He Plus 1 / I tra Family Iminbow Coal; Egg and Stove sizes, ES Id, Large Nut $8.50 per ton. Coal forfeited if not frill weight as ner ticket. Dept. 1419 CALLOWFULL Street. above Broad Office, 1.21. Sooth FOURTH, be low Chestnut. Call and examine. Orders by despatch romptly attended to by no9-6m ELLIS BRANAON. i n 0 L -SUGAR LOAF, BEATER MEADOW, and Spring Mountain Lehigh Coal, and best Locust Mountain, from Schuylkill; prepared ex presefor Family nee. Depot. N. W. corner of MONTH and WILLOW Streets. 01fice, No. 112 South SECOWD Street Cap 2.173 S. WALTON W i EVANS & - WATSON'S SALAALLYD&R, SAM EITHEE, _ 16 EOLITH FOITP.TH STREW, PHILADELPHIA. PA. ..... . A largo variety of FLUE-I%OOY SAFES always a hand. TO COUNTRY MERCHANTS I PARTICULARLY, AND TO BANKERS AND BUSINESS MEN GENERALLY. Doysn. want to be and to feel secure both against FIRE A 1)) BURGLARY? Then buy LILLIE'S WROUGHT AND CHILLED PEON FMB AND BURGLAR-PROOF SAFE. It is ranch the cheapest, and, indeed, the only really and thoroughly Fire and Burglar- Proof Safe made, and much superior to all others as a Fire Proof. Do you want a BURGLAR PROOF. mainly ? Then buy LILLIE'S WROUGHT AND CHILLED IRON BURGLAR PROOF, which is much cheaper, and Ur stronger than any other, and admirably adapted to the Wants of the Merchant, as well as Ranker. Do yon want merely a FIRE PROOF ? _LILLIE'S WROUGHT IRON Se_FE is warranted fully equal, in all respects, to any of the moat approved makers, and is sold at fully one-third lest price. Do you want.SECOND-HAND SAFES? Y ou will find a acne' al assortment of Herring's, EVSIII & Watson's. sad other makers, many of them almost new, which are sold at, and even below auction prices, these Safes being received daily, in. exchange for LIL LIE'S WROUGHT AND CHILLED IRON SAFES. If on want VAULT DOORS and THAMES that aro Burglar Proof, LILLIE'S WROUGHT AND CHILLED IRON are much stronger and far cheaper than any other - - dll parties interested are particularly . requested to call upon the radersianed. at hie Depot. where he feels fully Prepared, like the Seven Mee Men." to render a satisfactory reason for the truth of the above state ments. MCSA S DI.. ra I3 It N H . T AKen 21 South VStreet bare just received four of EVA NB-& WAT SON'S BURGLAR-PROOF SATES. from the City Bank, in exchange for LILLIE'S, which I will sell at very low prices. se22-tu kb &at( D RAIN - PIPE. MONTGOMERY TERRA COTTA WORKS 2inehyipe per 3 net length, 2+3. 3 • • 30. 6" , 46 • 50. 6 " 66 44 65. We are prepared to furnish STONEWARE DRAEIF PIPE, glazed inside and outside. fronLE to 15 Inches!* diameter, in large or small quantities. with all variety el traps, bends, and other connections. • Liberal discount to the trade. M'COLLIN & RHOADS. sailtutbaSin 122•1 MARKET Street. Philadelphia. MRS. JAMES BETTS' CErEBRATFLD J3-I- SUPPORTERS FOR LADIES, and the only Su/s -norters under eminent medical retinues's. Ladtee and Physicians are respectfully requested to call only 0111 Mrs. BETTS, at her residence, 1039 WALNUT Street, Philadelphia, (to avoid counterfeits.) Thirty thoneant invalids nave been advised by their physicians to sine her appliances. Those only are genuine bearing the Unite. States copyright; labels on the box, and signatures, mei also on the Supporters, twith testimonials. oels-telarrif 625 . GOLVILE , On& of C0., 625. Tasman, Cords, Fringe:, Cortaina, end Isnraiture CilmPs. Curtain Loops, Centre Tassels. natures and Photograph Tassels, Blind Trizontinlp. Milltarr sad' Drsas Trimmings, Ettlho_ ~tts Nock no. Mo.', etc. . No. 62411EARKZT Fitreat i 10144 • .PhilailaLuttls