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HARRISBURG, PA
Monday Evening, December 1, 1862
AN IMPORTANT DECISION.
We print to-day, a very important decision
in a case of Habeas Corpus, which came before
Judge Pearson on Saturday, for the purpose of
testing the legality of certain proceedings of
one of the Drafting Commissioners of this
State. It will be recollected that this was a
case in which the commissioner of Lancaster
county had drafted an excess of men over the
quota of his county. John Markley, one of this
excess, was brought before his Honor on a writ
to test the legality of excess of the draft. The
Judge, in a very elaborate opinion, in which
the merits of the question were 'discussed in
every particular, decided that the draft over
the quota was illegal and void, and that the
prisoner be discharged. There is another point
in this decision, however, which is important,
and which will prove interesting to substitutes.
Those of the men thus drawn in • excess, who
accepted the draft, and procured substitutes,
it is decided that such substitutes can be held
for the service into which they voluntarily
entered. The decision in the case of Markley
will not affect the case of any substitute. Such
substitution was voluntary, and the substitute
is regarded, to all intents and purposes, as a
volunteer, regularly enlisted and sworn into
the service of the country. These points will
be better understood by a careful perusal of the
decision, to which we now refer our readers as
one of the most important opinions that has
lately issued from the Judiciary of the State of
Pennsylvania.
The case was ably argued before his Honor by
Attorney General Meredith and R. A. Lembo.-
ton, Esq., for °over meat, and J. C. Bullitt,
Esq., from Philadelphia, and Messrs. Amweg
and Dickey, from Lancaster, for the prisoner.
A GOOD SEASON IN WASHINGTON
Occasionally we read a paragraph to the effect
that the wife of this and that official residing
in Washington city, is making grand prepara
tions for a may season the coming winter. Such
a perusal forces an involuntary shudder through
our frame, and we find on such information our
hearts filled with a disgust that no words with
which we are acquainted can express with suf
ficent strength. A gay season in Washington
the coming winter, with its environs covered
with army hospitals—its largest public build
ings converted into lazar-houses—its highways,
trenches' filled with shivering soldiers—its at
mosphere echoing with the groans of the dying—
its quickly passing moments marking the very
interments of the dead. And yet we are told
that the wives of certain pampered officials are
preparing for a gay season. If this is so, let
them beware of the indignation of the people.
A nation suffering all the horrors of war—all
the confusion of business panic, all the misery
of domestic dissolution, needs no gay season at
its capital, and those who attempt to inaugu
rate such gaiety will organize and call into
power the influence of their own disgrace and
death. Let the wives of the high dignitaries
of Washington city think of the wives of the
soldiers who are shivering in the forts which
surround the Federal Capital. Let them think
of the women of the loyal states who are toil
ing in penury and sorrow, while their hue
bands and sons are risking life and limb in the
defence of the government. Fur such as these
there is no "gay seasons," except it is the
march of despair or the bivouac of death. Let
them remember that the gaiety of thousands
of northern homes is that over which grim
misery and gaunt poverty preside. If the
wives•of the dignitaries of Washington think
of these things, and if they are true women
worthy of the states to which they have been
raised more by the political good fortunes and
personal successes of their husbands, than by
any marked ability or winning attractions of
their own—if they are women imbued with
true sympathy for the suffering, they will make
the coming season in Washington one of the
objects which consists of charity, good works
for the soldier, and noble sacrifices for the glo
rious cause in which so many women have sac
rificed the idolswof their hearts, the hope of
their lives, the very essence of their own be
ing and happiness. If this is made the "gai
ety" of Washington, if the season is garnished
with good works, if the wives of our rulers
will remember that they are only the wives,
after all, of plain citizens, and that the fate of
the Republic depends upon the virtue as well
es the valor of the people, this frivolity of
gaiety will be postponed, while a healthier and
a nobler action will distinguish the conduct of
those to whom the nation has a right to look for
true and patriotic example.
"SAYE ME FROM MY FRIENDS."
If ever this adage was verified, we have the
illustration in the Patriot and Union of this
morning.
A Christian minister receives a handsome
present, for keeping silence when wicked men
are employing a huge wickedness as an engine
for destroying his country.
And now the secret is out! A man, whose
principles and habits are well known in this com
munity, comes out over his own signature and
acknowledges the deed And this man, whose
undisguised sympathy for secession and whose
beastly habits have made him a stench in the
nostrils of loyal and decent people, undertakes
the defence of said clergyman
•
"Save me from my Friends !"
Christian congregations, take notice ! With
whom do you wish your pastors to associate?
From whom do you wish them to take lessons
in the matter of selecting the topics upon which
they are to preach f They ought to be the
proper judges of that themselves.
We hope that we may not hear of any other
clergyman of our city being patted on the
shoulder by such men as the notorious ex-as
pirant for senatorial honors, (by which bangs
a dirty tale) and ex-foreign well-wisher of the
secession cause, who has by his gift and his
apology done so much to bring discredit upon
an otherwise useful man and esteemed minister of
the gospel.
And when ministers of the gospel have the
courage and the manliness, without regard to
their pecuniary interests, to do their whole duty
to their God and their country, they surely
deserve to be enthusiastically subtained by their
people.
=
IMPORTANT DECISION•
Tne Rights of the Citizen under the Draft
The following important opinion was delivered
by Judge Pearson on Saturday last, in a case
involving certain rights at issue between the
Drafting Commissioner of Lancaster county and
a certain person who was drafted in excess of
the quota called for from that county.
The Commonwealth on the r h'elation of John Markley,
vs. Col. Everard Bierer.—Habeas Corpus.
The complainant, John Markley, sued out a
writ of habeas corpus directed to Col. Everard
Bierer, the commandant at Camp Curtin, aver
ing that he is illegally restrained of his liberty;
to which the respondent replied that held him
as a militia soldier, regularly drafted, and
sworn into the service of the United States.
Evidence has been adduced to show that the
draft was illegally conducted, and the- com
plainant not bound to serve, and the following
facts have been established: After the en
rollment for Lancaster county was completed
and placed in the hands of the Commissioner
appointed agreeably to law, and the number of
men ascertained which was to be furnished by
each township, borough and ward, it appeared
that the quota for the county was one thousand
six hundred and seventy-seven, and that for
Hempfield township, in which the complainant
resided, was forty-nine. Regular notice was
given of the time and place fur hearing excu
ses and claims for exemption, and all who came
forward were heard. The Commissioner at
the time and place, and in the manner prescri
bed by law, proceeded to draw for a few town
ships, and after drawing the number required,
contiuued to take some small additional names
from the wheel to make up for any that might
be rejected by the mustering officer on account
of physical disability. About this time he re
ceived orders from the department at Harris
burg to allow soy valid excuses which should
be made after the draft, the same as if they
had been presented before, and an additional
list of those entitled to exemption was fur
nished him. Believing that the number to be
excused under these new orders would be very
considerable, the Commissioner greatly in
creased his over draft in all subsequent draw
ings, and on coming to Hempfield township,
proceeded to draw one hundred and ten names
from the wheel instead of the forty-nine re
quried. Markley was not one of the forty-nine
first drawn, but was in the over draft. Of the
forty-nine first drawn , six were excused on Ac
count of being conscientiously scrupulous
about bearing arms, one as being under age,
three for physical disability, and one a justice
of the peace. None of these had appeared be
fore the Commissioner until drafted, with the
exception of the justice, whose claim was dis
allowed by the Commissioner, but was after
wards allowed by an order from the Depart
ment.
The over draft for the whole county of Lan
caster was nine hundred and twenty-five, and
that for Hempfield township sixty-one. The
name of John Markley was drawn the sialfs.-
third,. but ()Wittig to' the exemptions allowed
subsequent to the appeal, it required to, od
including the sixty-fourth name drawn 'to
make the number ordered to be furnished.
The Act of Congress of eighteen hundred
and sixty-two, authorised the President of the
United States to prescribe a system for drawing
such portion of the militia as he should deem
necessary, to take effect in those states whose
laws were imperfect or where none existed un
der which a draftcould be made, and by virtue
of this delegated power, army order No. 99
was devised and adopted, and to it we meta
look for the whole system of enrolling and
drawing the militia iu Pennsylvania, as we
had no law under which it could have been
effected.
••- • .
The Governor is directed to appoint officers
to prepare rolls,of all able bodied men between
the ages of eighteen and forty-five, and those
lists or rolls are to be filed in the sherifra of
aceof the proper county. The Governor is
also to appoint a Commissioner for each coun
ty, whose duty it is to superintend the draft
ing, and hear and determine excuses of per
sons claiming to be exempt from military duty.
Notice is to be given of the time at which ex
cubes will be heard, and all persons claiming
exemptiom must, before the day fixed.for the draft,
make proof of such exemption before the
Commissioner, and if the same is found suf
ficient, his name is to be stricken from the Hat.
A list of those entitled to exemption under
the laws of the United States is set forth in
the order, in addition to which the Commis
sioner is directed to absolve all persons exemp
ted by the laws of the respective states, con
cerning whom proof shall be made, or who he
knows of his own knowledge to come within
the respective classes. After the rolls are tins
corrected and properly prepared ballots con
taining the names of all remaining on the
rolls are to be placed in a .wheel, and a
number drawn therefrom equal to the quota
fixed by the Governor of the State for the proper
county, or for any municipality or town, lees
than a county. ft will thus be perceived that
the order contemplated that every excuse should
be heard before the drawing took place, and
that no more names should be drawn from the
wheel than was required to fill the quota of the
proper county, or smaller precinct; and had the
scheme been thus carried out it would haVe
been found that but few persona , would have
been drafted who were legally exempt. A very ,
small number might have been rejected by the
mustering officer on account of bodily disability.
But unfortunately, as we conceive, the law wise
departed from by the State authorities, and the .
Commissioner was instructed to allow excuses
V urged at any time before the drafted man
was mustered into service. Thus the whole
scheme was bioken up, and men were tempted
to forbear claiming the exemption until after
they knew they had been drafted. This ismore
especially exemplified in the case of persons
claiming to be conscientiously scrupulous
against bearing arms, who are exempt by the
Constitution, but may be required to pay an
equivalent. Those persons are to be subject to
such penalties as the Legislature may prescribe,
and all who are exemptellly the Commissioner
for that reason are td ti/..50 notified by that
officer. But the course authorized is a direct
encouragement fot them. tp lie back and net
claim this personal privilege ate the proper time.
If afterwards they chance to be drawn they
will come forwatd and. claim it; but should
they escape the drat • be exempt from
the penalty. The directed is well calcur.
lated to encourage f d, and, it is feared, will
conduce to perjury also. Of. those excused after
this draft for Hempfield township, seven wee
for that cause alone, not one of whom hall
appeared before th e Commissioner at the di
scribed time. It was a personal privilege,
penttoptuattia WWI) telegraph .fflontrap Owning, Mamba 1, 1862.
if not claimed according to law should have
been disallowed. Had the State alone been
interested in this question her officers might
waive the time without objection ; but as every
man whose name was in the wheel had a deep
interest in it, I am of the opinion it could not
lawfully be waived t 9 his prejudice. To allow
excuses after the draft, except for causes which
would lead to the rejection of the man by the
mustering officer—as fur age or personal disa
bility—was a very great irregularity, not au
thorized by the army orders so far as they have
been exhibited on this hearing. On full con
sideration, however, we have come to the con
elusion that it was only an irregularity--a mere
question of time—and not Buchan act as would
render the dtaft void; and irregularities, it is
well settled, cannot be reached on a writ of
habeas corpus. 'To justify a discharge on that
writ the proceeding under which the party is
held must be void, not merely irregular.—Hurd
on the writ of habeas corpus, p. 332-333. A
proceeding defective for irregularity, and one
void for illegality, may be reversed upon error
on certiorari, but it is the latter defect only
which gives power to discharge on habeas cor
pus. An irregularity is the want of adherence
to some prescribed form. Illegallity is proper
ly predicable of radical defects, and signifies that
which is contrary to the principles of law, as
distiuguished from mere rules of procedure.
It denotes a complete defect in the proceeding.
—Tidd PI MC. 434-5; 1 Mod. 119. Where juris
diction of the person is to be obtained in a
summary way the law m.ust bestrictly followed .
—Hurd 864-5. And where the sentence of a
court-martial was entirely nugatory, the party
arrested under its process was discharged on
habeas corpus by Chief Justice Marshall.-2
Wheelers C. C. 569. It would be otherwise
were the action of the officer merely irregular.
If the proceeding is void in fact, though the
process is good on its face, and might justify
the officer, yet the party will be discharged on
habeas corpus.—Hurd 344 ; 8 Blurt 410. The
distinction between a void and an irregular pro
ceeding is clearly taken by Gibson, Ch. J., in
1 Watts 66, where it is held on a ful examina
tion of authorities, that for the former the party
can, and for the latter he cannot be discharged.
Whether there is or is Dot jurisdiction mar be
established by proof, and the want of it is fatal.
—Hind 370-371; and it is the settled practice
to examine into the validity of the proceeding
by affidavit.—Hurd 308-9; 1 Burr. 637. Pre
sumptions in favor of regularity, and jurisdic
Lion will be made in the proceedings of all the
superior courts ; but it is not so as to tribunals
raised by statute for particular occasions
Hurd 396. A writ of habeas corpus is consid
ertd an inquisition by the government, at the
suggestion and instance of an individual ; but
still in the sovereign capacity to free the citi
zen from unlawful restraint, and the thirteenth
section of the habeas corpus act gives it where
the party is deprived of his liberty, "under any
color or pretence whatever." In "The King vs.
Sipel,' , Lord Mansfield, on affidavit, examined
into the regularity of a Commissioner's pro
ceeding under an act of Parliament pass
ed to raise soldiers, and on finding iithat
the Commissioner had proceeded contrary
to the act, discharged the soldier from illegal
restraint-1 Burr, 687.8. The want of eon-•
formity to law rendered the proceeding void.
To apply these general roles to the present case,
we have already stated that we did not consider
the exemptions improperly allowed, out of
time, was fatally, vicious, although an irregu
larity ; but how is it as to drawing more men
than was to be furnished by Hempfield town
ship ? The army order, which has all the force
of an act of Congress, directs the Commissioner
to cause " to be drawn from the wheel a num
ber of ballots equal to the number of drafted
men fixed by the Governor to be drawn as the
proper quota" for that municipality. This
was done, and the complainant was not within
that quota. But the Commissioner continued
to draw until one hundred and ten ballots were
taken from the wheel: Was this an irregularity
or an excess of authority ? Is it void or merely
voidable? If void, it does not hold the complain
ant under the draft, and he is illegally restrained
of his liberty. If an irregularity merely, the
proceeding mustbe reversean thefirst instance,
and the complalhafitthen MieveTby thiswrit.
We are satisfied that there inn° process known
to the law by which the legality can be tested,
or the proceeding reversed for irregularity ; and
if not void for an excess of power in the Cqm
missioner, it is good; and will hold Markley as
a soldier.
After the most careful Consideration,
we have
reluctantly came to the conclusion that the
over draft was void—that there was no author
ity in the Commissioner to make it His power
ceased the moment he had drawn forty-nine
ballots from the wheel ; and all names taken
out afterwards cannot be treated as a drawing
under the law, but in express violation of its
directions, and Markley's name must be consid
ered as one not drawn ; but he stands hi the
situation of a person forced into the service
without being drafted. The jurisdiction of the
Commissioner ceased when he drew the number
prescribed ; and an act done without jurisdic
tion is clearly void, and must be so declared on
habeas corpus-1 Dal. 186. Such was the
opinion also of Lord Mansfield where the draft
ing Commissioner exceeded his jurisdiction In
the case already cited, froth 1 Burrows, 687.
Nor does this comein conflict with, but is in pre
cise conformity to what is said by Chief Justice
1 Marshall in the case of T. Watkins, 3 Peters,
1 202-8 ; and also in Bollman & Swartwout's case.
It is said, however, on behalf of the United
States, that the complainant voluntarily ap
peared before the mustering officer and took
the prescribed oath to serve in the army,
thereby waiving all irregularities. The only
evidence) we have that he wad sworn, is the
return of the respondent who certifies that he
was " mustered into the service of the 'United
States." When or how is not stated ; but it is
contended that he must have been sworn at the
time of mustering in. The evidence shows
that Markley was notified of his being drafted,
and was sent to Camp Curtin under charge of a
lance sergeant, according to the army order.
No act of his appears to have been voluntary ;
but was apparently compulsory. ' And where
the draft is void, it would require some distinct
act of volition on his part to make that good
which was void from the beginning. There
must be a new contract of service voluntarily
entered into to render it binding. When a
man is thus drafted, and afterwards joins .a
volunteer corps, or procures a enlute to serve
in his stead, he could riot be re eyed. Nor
would he have cause of complain as his oven subsequent act bound him, and tin t the irregn
I:1
ler draft. He was as much bounerto know the
law 68 was the Commissioner; and should haie
claimed a discharge by legal precede instead of
obtaining another to serve for him.,
We have no doubt that the Exec" of this
State was actuated 'by the pur motive in
permitting excuses to be heard ,afterwardb,
which the law contemplated shouldr presented
to the Commissioner and determine before tile
drawing commenced. But good otives Will
not cure illegality. It was known the GoV
ernor that many persons having 1 ' a excuses
had failed to present them; and the object was
11 0
to relieve such from the harship of yerfe rm i e t.
milittery drag against conscience, or.where they
were by law entitled to exemption. But it
should be borne in mind that tho law assists te
vigilant, not the negligent or ,sleamy. T e
Commissioner also believed that , he. wasi n
t
only doing his duty, but 'favoring 'the citizens
l
and benetitting the , teivice, by giving the one
° l ,oe• time to PKOPBIO. tbM!.. neldtlibt allow ed suet* beeome„ReeenilltY to melee n new draft,
and ring:to w,w - na4 o3 ? ' in any e - vent , t the
quota required Win the,county. ; !,
This would,* haVe been well, bad
made such Provanprt„ but as it did notrtbeporn
missioner could not secure men:by tb=se,..
lik
If the necessary number was, not ob ' ,
new draft In* ,be o'ooo by the flesident
We cannot for a moment permit any question
to be raised as to the validity of this act of Con
gress, the power of the President, or the general
regularity of the proceedings under which the
draft was effected in this state. Those regularly
drawn ender the arms' orders must render see
vice to their country, but in this particular case
the complainant must be discharged.
Our apology for examining this question at
such length must be found in the fact that the
service of over one hundred soldiers depends on
the correct disposition of the question, although
the liberty of a single citizen is determined by
this decision. JNO. J. PEARSON.
President Judge.
Nov. 29th, 1862.—1 t is•ordered that John
Markley he discharged from the control and
custody of (Jul. Everard Bierer, and that he be
relieved from the service of the United States.
Thn Judge declines to give any costs in this
case as against the respondent, who was,in the
discharge of his duty and acting in good faith
JNO. J. PEARSON,
Prerident Judge.
2.,-. 7 4; • • /•.;...(-
f?' 1
. •
ARMY OF THE POTOMAC.
Gen. Burnside Makes a Visit to Washington
JACKSON AT CULPKFPKR, EN ROUTS FOR
FRKDKRICKSBE KO.
Dashing Raid of Hampton's Rebel
Legion.
Two Companies of Pennsylvania
Cavalry Captured.
WASHINGTON, Nov. 29
General Burnside arrived in this city last
night, and spent this forenoon piincipaliy in
consultation with the President and General
ElaHeck. He has already returned to his head
quarters. It is supposed that General Jackson
was, to day, at Culpepper, designing to move
directly thence to Fredericksburg.
HEADQUARTESE ARMY OP THE POTOMAC, }
November • 29, 1862.
Thu enemy continue to raise earthworks
around Fredericksburg, but no new batteries
were visible to-day.
Early yesterday morning a large body of the
enemy's cavalry, said to have been Hampton's
Legion, crossed the riv Jr some distance above
here, and, by evading the pickets, succeeded in
making a descent upon two companieri of the
3d Pennsylvania Cavalry, in Gen. Averill's
brigade, near Hartw od. They captured nearly
every man iu 6,41 companies.
The roads are improving, and supplies are
coming more freely from the landings.
THE REBEL BATTERIES IN FREDERICKS-
BURG
KRADQUARTRRS, ARMY OF MR POTOMAC,
November 29, 1862.
Rumors are rife here to-dajtAat Stonewall
Jackson is advancing upon ouiflank from War
renton. Even if this be true, he can meditate
nothing more than a sudden dash upon some
weak point, as with our overwhelming force we
could easily annihilate his corps, were it hurled
against us. The troops have been properly dis
posed for either offensive or defensive move
ments.
No demonstrations have been made along the
front, and everything is as quiet as though the
rebels were a hundred miles away. Gen. Lee's
headquarters can be distinctly seen from our
signal stations, and are located in a large house
on the hill, about two miles back of Freder
icksburg.
The enemy still has a large force engaged in
tbe erection of earthworks. A heavy brass gun
is planted at the head of Main street, com
manding that thoroughfare and the Chatham
bridge. They also have a number of rifled
cannon commanding the fords and bridges.
The roads are still in a terrible condition,
and a large number of horses and mules are
killed daily by over exettion and the cruelty of
the teamsters.
The roads are improving, however, and sup
plies are coming in more freely from the land
logs.
SUCCESSFUL SCOUTING 11XPBDMON
lIRADQUARYRRS BAYARD'S CAVALRY, Nov. 29.
—Lieutenant Colonel Cargi, of the let New
Jersey Cavalry, who has for some time been in
command of a brigade, returned, yesterday,
from a scout down in the vicinity of the Rap
pahannock. His force consisted of about fifteen
hundred cavalry and a section of battery.
He reports that no rebel troops were found
this side of the Rappahannock, hut he saw
their pickets all toe way on the other side of
the river. He scouted the country all around
within fifty miles of Acquia on this side the
river. He represents that a large contraband
trade is carried on across the Potomac from
Maryland into Virginia, and that our blockade
of the Potomac is a perfect sham. He succeed
ed in captutiug ten men and quite a large
amount of whisky, tea, sugar, shoes, calico,
and other contraband goods, but paroled the
prisoners, not wishing to weaken his forces by
detailing the requisite number of men to guard
them. He says that hundreds of thousands of
dollars' worth of these goods, so essential to
the rebels, are being smuggled across the river
every month.
NEW REBEL EARTEIWORKS.-.-FIVE GUNBOATS IN THE
RAPPAHANNOCK-ALL QUIET.
HIATIQUARTIRS ARMY OP THT POTOMAC,
Novembq 80-7.30 P. w.
Some camps of the enemy, visible yesterday,
disappeared last night. They probably have
retired to the valley, behind the range of hills
in the rear of Fredericksburg.
New rebel earthworks almost daily make
their appearance, and the rangy of hills in the
rear of the town is crowned almost continuously
with redoubts and rifle pits.
Some of our batteries, whose guns bear di
rectly upon the town,
have recently been pro
tected by earthworks.
Five gunboats are reported to have advanced
up the Rappahannock; opposite King George
Court House. The right wing of the enemy
extends nearly to that point, but at some dis
tance from the river.
A lew shots were thrown over the river to
day by ongof our left wing batteries, probably
to try thilillfange of the guns. 6
General Burnside has retbrned to camp from
his temporary visit to Washington.
All is quiet to-night along our lines.
STONE WALL JACKSON AT CULPEPPER EN
ROUTE FOB FREDERICKSBURG.
FAIRFAX STATION, Nov. 29
Recent reconnoissances make it plain that
White's guerrillas are the only rebels in arms
this side of the Blue Ridge. It Is, however,
believed here that Jackson has left eight regi
ments of infantry behind him in the valley to
do plant duty,• gather tip fragments of stores,
&c.
The corps of one of the Hills was near New
Ift,n list on Wednesday, marching up the vgd
ley,aer though going by that route to Richmond
and kredericksburg.
JaCkson, with his immediate command, has
passed beyond the Rappahannock. He is to
day probably at Culpepper, designing to dash
directly from thence down to Fredericksburg,
distance of forty miles.- •
FROM FORTRESS MONROE.
LATE NEWS FROM THE SOUTH.
Destruction of Rebel Salt Works
Near Wilmington, N. C.
Formosa MONROE, Nov. 29.
The Newbern Daily Progress of Nov. 17th,
says:
The gunboat Ellis, Lieut. Cushing command
ing, made a reconnoissance recently into New
Topsail Inlet, twelve miles from Wilmington,
and destroyed a very extensive salt works
which were in operation. Not a ventage of the
works was left. Some of the pans used for
boiling salt water were of copper, and fourteen
feet in length.
The population of Wilmington, N. C., before
the war was 12,000, it is now not more than
6,000. 4,000 joined the army.
The Charleston Mercury says, the south should
not discourage their expectation as to foreign
recognition.
The Progress of the 19th says, our skedadling
predecessor Lieut. J. L. Pennington is about to
start his Newbern Progress at Raleigh.
The same paper of November 21st says the
11. S. guntroat General Bur-amide, is now at
Beaufort, on her way north for repairs, having
been disabled on the Georgia coast in a gale,
Oct. 24th. She will proceed as soon as the
weather permits.
It is rumored that two gunboats are being
constructed at Wilmington, N. C., but that
they are short of iron for plating them. '
The Progress of the 24th inst. announces the
arrival at Newbern of the United Statesgunboat
Wamsutta, on the previous evening. She had
on board the officers and crew of the British
prize steamer Onachila, captured by the United
States steamer Memphis. They report the
loss of the steam tug Mary Queen, and the crew
safe.
John Dibble has been appointed postmaster
of this city, and took the ofne on Saturday
last.
FROM MISSOURI.
Another Viotory Over the Bebela•
TEE ENEMY iTTACEED AND DRIVEN FROM
THE FIELD.
WASHINGTON, Dec. 1.
The following has been received by telegraph
at the headquarters of the army :
Gr. Lours, Nov. 29.
MAJ. Gni. H. W. Hamar, General in Chief :
Gen. Blunt with his division made forced
marches and attacked the enemy yesterday
morning at Cave Hill. The battle lasted for
several hours. 'the enemy, nnderGen. Marma
duke, began to fall back at about one o'clock,
and retreated fighting until sundown.
The victory was complete. Our loss is not
great. The enemy's loss is much greater than
ours.
Our forces camped on the battle field. The
enemy retired to Van Buren.
(Signed) S. R. CURTISS, Mai. Oen.
Sr. Louis, Nov 29. —Major General Rank.—
General Davidson telegraphs that a cavalry
expedition under Major Torry, to the forks of
Minigo and St. Francis, captured Col. Phelan
and ten men of the rebel army.
S. R. CURTISS, Maj. Gen.
XXXVIITH CONGREBB-t3ECOND UNION
WASHINGTON, Dec. 1
SENATE.
The Senate met at noon. Vice President
Hamlin being absent, the Senate was called to
order by the President pro tem—Senator Foote.
All the Senators were present except the fol
lowing: Messrs. Bayard, Doolittle, Hale, Ken-
nedy, Pearce, Wilmot and Wilson, (Mo.)
The Senate was opened with the following
prayer by Rev. Dr. Sunderland:
Almighty and everlasting God who art in
Heaven, while we, the creatures upon earth,
come to thee in our prayers to be directed,
are this day before thee. We thank thee that
thy servants are met again in the Capitol un
disturbed. We thank thee that thou had
graciously preserved them, during the period
of their separation, and Wait brought them
together in the high conclave of the nation
to deliberate upon the affairs of a people
greatly afflicted but as yet not wholly
destroyed, and while we remember with
the deepest reverence and humialition that
it has not pleased Thee to fully answer
their former supplications from this place,
we yet implore Thy blessing upon this
Congress now convened together—in their
coming counsels and labor. May they stand
in more than Jewish reverence and in more
than Roman virtue before the people. Re
move far away from this body and the mem
bers of the American Senate all levity of mind
and of manners, all profanity and volubility of
speech, and all unworthy motives and desires,
to give to them all wisdom, and gravity, and
propriety and influence with the people.
HOUSE OF REPRESENTATIVES.
The proceedings opened with prayer by the
Rey. Mr. Stockton, Chaplain, in the course of
which he returned thanks for the brightening
prospects of liberty for the slave, and for our
emancipation from a system which he said had
involved ns in so much sin, sorrow and shame,
and a renewed Union, with greater powers, en
suring the enjoyment of every blessing and
prosperity of the nation.
The roll of members was called by States,
and a quorum answered to their names.
A message was received from the Senate that
a quorum of that body had assembled and wah
ready to proceed to business.
On motion of Mr. Virestram, a similar mes
sage was sent to the Senate, and at hi 4 instance
a committee was ordered to be appointed to act
in conjunction with a similar one of the Senate
to wait upon the President and inform him
they are ready to receive any communication
he may be pleased to make.
Mr. $OBOOll CONKLIN% (N. Y.,)offered TWO
lution which was adopted instructing the Com •
mittee on Naval Affairs to report the cheapest
and most expeditious and reliable mode of pla
ting a vessel of war on Lake Ontario when an
exigency may arise, and of establishing water
communication from other waters to the lakes,
and that the committee report which of the
various plans suggested may be most reliably
adopted, together with time and cost of work.
Mr. Vern ANDIGHAR offered a resolution which
was adopted, that the Committee on the Judi
ciary be instructed to inquire and report to the
House at an early day, by what authority, con
stitutional law, if any, the Postmaster General
undertakes to decide what newsp apers may and
what shall not be transmitt edthrough the
mails of the United States.
Mr. Cox offered the following :
Wusams, Many citizens of the United States
have been seized by persons acting or pretend
ing t o b e ac ti n g under the authority of the
United States, and have been carried out of the
jurisdiction of the States of their residence and
mprisoned in the military prisons or camps of
the United States, without any public charge
being preferred against them, and without any
opportunity being allowed to learn or dis
prove the charges made or alleged to have been
made against them ; and whereaB,, such arrests
have been made in States where there was no
insurrection or no rebellion or pretence thereto,
or any other obstruction to the authority of the
Government ; and whereas, it is the sacred right
of every citizen that he shall not be deprived
of liberty without due process of law, and when
arrested shall have a speedy and public trial by
an impartial jury ; therefore,
Resolved, That the Rouse of Representatives
do hereby condemn all such arrests and prac
tices as unwarranted by the Constitution and
laws of the "United States, and an usurpation of
power never given up by the people to their
rulers, and do hereby demand that all such
arrests shall hereafter ce./.0 ; and that all
persons so arrested and yet held shall have a
prompt and public trial according to the
provisions of the Constitution.
On motion of Mr. Comm', (Ind.,) the pre
amble and resolution were tabled—yeas 80,
nays 40.
Mr. &MARMON, (M.) offered a resolution
that the President be requested to inform the
House, what citizens of Illinois are now con
fined in Forte Warren, Lafayette Delaware and
the Old Capitol prison and any other forte or
places of confinement, and upon what charges
they were arrested, and that the President
inform the House the names of the persons
arrested in Illinois and confined in prison out
side of the limits of the said state, what charges
are against them, by whom made, and by whose
authority the arrests were made.
Mr. LOVERIY, (Ill.,) moved that the table bill
be adopted—yes 74, nays 40.
Other comparatively unimportant business
was transacted, when a recess was taken for
fifteen minutes in order to await the reception
of the President's Message.
LATER FROM EUROPE.
Arrival of the Steamship Hibernia
another English Pirate Afloat
The steamship Hibernia passed off this point
this evening, bound for Portland with dates to
the 20th.
The Edinburg arrived out on the 19th.
It Is reported that another craft, similar to
the Alabama, has sailed from Liverpool to
capture and destroy any vessels sailing under
the American flag, and another is said will
soon follow.
The sales of cotton in three days were 45,000
bales, the market closing steady on Wednesday
evening.
Breailstuffs steady and quiet. Corn has an
upward tendency. Provisions dull. Consols
closed on Thursday at 93} for money.
ORDNANCE OFFICER AT PrIVSBLIRG
WASH INOTON, Dec. 1.
Lient Shrink, formerly Chief of Ordnance
under General McClellan, has been ordered to
Pittsburg, Pa., and placed in c harge of the ord
nance depot at that place.
;Pleb.
On the 29th ult., Mrs. MARY STURGION, wife
of Jeremiah Sturgeon, in the 69th year of her
age.
[Her funeral will take place from the resi
dence of her son, W. Sturgeon, North street be_
tween Second and Third streets, on Tuesday
afternoon at 2 o'clock, (Dec. 2d.) Relatives
and hien& are respectfully invited to attend
without further notice.]
Sittu "Abvertistmento
WANTED.—A Blacksmith of sober and in
dustrious habits, who understands the
business thoroughly, at the Novelty Works.
deal. dit H. K. PARSONS, Agt.
1 OST.—A few days ago, A SMALL MEM
SHAIIII PIPE, with cherry stem. A reward
of $1 60 is offered for its recovery, and no ques
tions asked, by leaving it at the counter of
decl-dlts HERB'S HOTEL.
AITENTION 1 SIXTH WARD . — The citisens
of the Sixth Ward are requested to meet
at the house of H. Bostgeo, (Union Hotel,)
Ridge Avenue, on Tuesday evening 2d inst., at
7 o'clock, for the purpose of taking action in
relation to the erection of a market house in
said ward. (decl-d2t.] MANY CITIZENS.
FOR SALE.
AFRAME HOUSE, 19 by 32, situated in
Camp McClellan, near this city. For par
ticulars apply to WM. SKILLS,
Sutler 116th Reg. P. V.,
Camp McClellan.
nov27-d4te
WANTED—A good reliable party to take
the agency for Harrisburg (or larger ter
ritory if desired) of "Swifts Eureka Clothes
Wringer," the simplest and best ever made—
always ready for a lace collar or a bed-spread,
without any adjusting whatever. No Rubber
bands, straps, or springs to be regulated.
No iron to rust the clothes, no cog-wheels,
no complication, no anything but what is good.
All the fixing it ever requires is to put it on and
take it off the tnb—compact and beautiful. We
want parties who are energetic and know how
to push trade, and who have means sufficient
to do it, to such we offer good inducements and
the best wringer the market has seen. We will
send a sample machine to any address, express
paid, on receipt of the retail price, $5.
0. H. WHEELER & CO.,
Sole Agents, 379 Washington St., Boston, Mass.
no2B-d 1 w
FURS,
FURS, FURS, FURS,
FURS, FURS,
FURS,
OF every deactition.
Fresh stock just opened
at CATHCART'S
Market Square,
n025.4w] Next door to Harrisburg Bank.
STRAYED
A WAY from the snbtcriber, residing in Me
chankisburg,, on the 14th of November, a
RED COW, with white ever her back and lower
part of her body, her left horn short, having
had It stripped a few years ago, and split a lit
tle at the end. Any person giving me any in
formation of the Cow will be liberally reward
ed. [no26-dliv] D. NEISWANGER.
ATTENTION!
rrinE Draft will not interfere with the filling
I of orders for Trees, &c., from the Keystone
Nursery, in the absence of Jacob Mish.
H. A. Mich, who established the Nursery,
and who has had an experience of ten years in
the bui3idess, will promptly attend to all orders
and inquiries, deliver trees, and plant when
desired, in the city or immediate neighbor
hood. novl-dtf
LOCUST TREES.
EVERAL Hundred, from six to twelve feet
S
high, for sale cheap, at the Keystone Nur
sery. noel-dtf
DANDELION, Rio, and other preparations
of Coffee, warranted pure, for sale by
NICHOLS & BOWMAN,
Corner Front and Market St&
novB
1110BAIXA:' ) and °agars of all kinds, for
J. woe by MIOHOLS & BOWMAN.
ten Owner boat and Market Streets .
CAPa RACE, Nov. 27