RATES OF ADVERTISING.
Four lines or less constitute half a square. Ten lines
snore than four, constitute a square.
sq., one day..— $0 30 One sq.. one day.-- $0 60
L one week..._ 120 I . 4- one week.— 200
ii one month.. 300 " one month_ 600
~ three months 5 00l " th, er months 10 00
. six months.. 800 ~ six months_ 15 00
" " Le Year- --- 12 00 ~ one yesr--- - 20 00
lE7' Business notices inserted in the LOCAL COLUMN,
or bee...* riterris.ges and deaths: via CRNTS PIM LANE for
each L.:sermon. To merchants ood /Ahem advertising
by the year, liberal terms will be offered.
1U" The number of insertions must be de:..goated on
he advertisement.
117" Marriages and Deaths will be inserted at the same
ates ea regular advertisements.
Buoincos Cubs.
SILAS WARD.
NO. 11, NORTH THIRD ST., HARRISBURG.
STEINWAY'S PIANOS,
MELODEONS, VIOLINS, GUITARS,
Blimps, Fisk:, Fifes, Drums, Jaw/00w,
&MINOS, SHUT ♦BD BOOK MUSIO,
PHOTOGRAPH FRAMES. ALBUMS,
Large Pier and Mantle Mirrors, Square and Oral Prams,
of every description made to order. Reguilding done.
Agency kir Howes Sewing Machines.
.117- Sheet Magic sent by Mail. oetLA
JOHN W. GLOVER,
MERCHANT TAILOR:
Has Jae, toaiva, from New York, an assort.
ment of
SEASONABLE GOODS,
Which he offers to his easterners and the public io
nov22) MODERATE PRICES. dtf
HARRY WILT.' ANi S,
-G~RTT I ,
482 WALNUT STREET.
PHILADELPHIA.
General Maims for Soldiers promptly collected, State
Claims adjusted, &e. war2o4llta
SMITH & EWING-,
ATTORNEYS-AT-LAW,
THIRD STREET, Harrisburg,
pratue tip several Court& of Dauphin county. Col-
Isetions made promptly - . A. 0. entrcr,
T. B. EWING-.
T COOK, Merchant Tailor,
. 27 CHESNUT ST., between Second and Front,
Has jest returned from the city with an assortment of
CLOTHS, CASSIMERES AND TESTINGS,
Which will be sold at moderate prices awl made up to
order; and, also, an assortment of READY MADE
Clothing and Gratlemen'S FlAndsking Goods.
noe2l-lyd
DENTISTRI
R. IL
.GILDEA, D. D. S.,
4 444 -N 0 . 119 MARKET STREET,
EBY k KUNKEL'S BUILDING, lIP STAIRS.
ja,nB4f
10'4 GIOUS BOOK STORE,
TRACT AND SUNDAY SCHOOL DEPOSITORY,
E. S. GERMAN,
ET SOUTH SECOND STREIT, ABOVE OHISINTIT,
NAMILISBI7IiG, PA.
Depot for the eels of Stereogicopee,StereoseopleVlewa,
Wale and Musical Instruments. Also, subscriptions
%ikon for tollgteas publication s noBO-dy
SOHN G. W. MARTIN,
FASHIONABLE'
CA - RD WRITER,
HERR'S HOTEL, HARRISBURG, PA.
Allinanner of VISITING, WEDDING AND B -
NESS GARDA' exonated in the owtt astlatis 'Ryles and
moat reasonable tonne. - decl4-dtf
UNION HOTEL,
Ridge Menu, corner of Broad street,
HARRISBURG, PA.
The undersigned informs the public that he has re
'contly rtmeraik4 and refitted his well-known " Union
Hotel" on Ridge avenue, near the Round House, dud i 4
prepared to accommodate citizens, strangers and travel
ers in the beat style, at moderate rates.
His table will be supplied with the best the maskets
afford, and at his bar will be found superior brands of
liquors and matt beverages. The very best accommo
dations for railroaders employed at the shops in this
vicinity. [al4 HENRY BOSTGEN.
FRANKLIN HOUSE'',
BALT/MOR- 2 , MD .
Thli pleasant and eommodions Hotel hoe boon gig
roughly re-fitted and re-furnished. It is pleasantly
edtasted on North-West corner of 'toward and Franklin
etreete, a few doors west of the Northern Central Rail
way Depot. ivory attention paid to the comfort of his
vests. G. LRIBENRING, Proprietor,
jel2-tf (Late of Selina Grove, Pa.)
rp HEO. F. SCITEFFER,.
BOOK, CARD AND JOB PRINTER,
NO, 18 MARKET STREET, lIARRISBORO
-1- Particular attention paid to printing, ruling and
binding of Railroad Blanks, Manifests, Insurance Poli
cies, Checks, Bill-Heads, &c.
Wedding, Visiting and Business Cards printed at very
low prices and in the beat style. jan2l
9 1 F. WATSON,
i .
MASTIC WORKER
ME3
PRACTICAL CEMENTER,
Is prepared to Cement the exterior of Buildings with
he New York Improved
Water-Proof Mastic Cement.
This material is different from all other Cements.
It forms a solid, durable adhesiveness to any surface,
imperishable by the action of water or frost. Every
good building should be coated with this Cement ; it is
a perfect preserver to the walls, and makes a beautiful,
flue finish, equal to Eastern brown sandstone, or any
color desired.
Among others for whom I have applied the Mastic
Cement, I refer to the following gentlemen:
J. Bissell, residence, Penn street, Pittsburg, finished
five years.
7. H. Shoenberger, residence, Lawrenceville, finished
five years.
James M'CsadlaSS, residence, Allegheny City,finished
five years,
Calvin Adams, residence, Third sheet, finished four
ye. r 3.
A. Hoeveler, residence, Lawrenceville, finished four
years.
J. D. M'Cord, Penn street, finished four years.
Hon. Thomas Irwin, Diamond street, Mashed four
years.
St Charles Hotel and Girard House, finished five
years.
Kittanning Court House and Bank, for Barr & Moser,
Architects, Pittsburg. finished five yearS.
Orders received at the .fitee of it Witldowney, Paint
Shop, 20 Seventh street, or please address,
T. F. W&TSON,
P. 0. Box. DA. Pittsburg, Pa.
mayl6-tf
MESSRS. CHICKERING & 00.
RATE AGAIN OBTAINED THE
GOLD
ALT THE
/INCH - Amos' FAIR. BOSTON,
YELD THU PLR DIbG 'ZEE.
OVER SIXTY CoMPE2iITOI2BI
Wareroom for the CIIIMENRING- PIANOS, at Harris
burg, at 92 Market street,
0e23-tf W. KNOCRE'S Nene STORM.
T g / D INS I YOU KNOW WERE YOU
can get fine Note Paper, Envelopes, Visitin anti
Wedding Cards T At SCREFFER'S BOOKSVORIA.
EWE RIOR STOCK OF
Wm_ DOCK, ja. ' & CO., are now able to orer to
their mu:towers and the public at large, a stock of the
purest liquors ever imported into this market, compri f
sing in part the following varieties :
WHISKY--,IRISH , SCOTC H.OLD BOURBON
WINE-PORT. SHERRY, OLD MADEIRA.
TARD, DUPEY & CO. PALE BRANDY.
JAMICA SPIRITS
PRIME NEW ENGLAND RUM.
DRAKE'S PLANTATION BITTERS
These liquors can all•be warranted; and in addition to
these, Bock & Co. have on hand a largc variety of
Wines, Whisky and Brandy, to which they invite the
particular attention of the public.
NOTIONS.—Quite a variety of wiefill
.1.1
•ad entertaining articles—eheap--at
SOICEPVERII ROOKSTON.I.
I .A.OKING !—MASON'S "CHALLKNON
-LP th...i.ezrNa."-1.00 Gross. assorted size , just rr
Ceivel amt I.or sale, lakolesa4e and retail.
dell WM. DOCK, lA., h. CO.
I% E D A L!
_ ... ..
..___
. ... . _ .
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.... —-. \ ~.? ----..- .-r ,---
V -- - - ' j,-S-- - '---. ----/_;:-_--
~.... -- ''l , .-i.- = - -- .-"1. - --:- -- '- , -
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..._-- -.--- . -., 7--t-- - ----_,,., . ---- - - Ma.
, z k: ,„,,...,.. ..- . " ...1 :: 4... - --- -
.Y. .....,.... -.... ~- - . 1...J.J114. ... :N I
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tt . 441 ,
rri ~ 4.,. ' , ..4. - %_,-. - . tt u..
. ---- '4 . 7=1 . ...t.% .• • 1' ' " 1' .... ... .I'. i_ - ,
. ' atriot 0 , ,
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VOL. 5.-NO. 265
Bank Notices.
T EGISLATIVE BANK NOTICE.-
Notice is hereby given that application will be
made to the legislative authority of Pennsylvania, at
the next session of the General Assembly thereof. com
mencing the first Tuesday of January, A. D, 1864, for
the incorporation of a Bank having banking and dis
counting privileges, with a capital of One Million Dol
lars..., by the name and style of " The Oil City Bank,"
and to be located at Oil City, Venkagh Coluit24 Penn•
Sylvania. C. V. OOLVER.
June 29th, 1863-6nt
- N ono.—Notice is hereby given that
11 "The Commercial Bank of Pennsylvania," intend
to apply to the Legislature of Pennsylvania at their nes
session, for a renewal of their charter. Said bank is lo
cated in the city of Philadelphia, with an authorized
capital of one million of dollars, a renewal of which
will be asked for, with the usual banking privileges.,
$y order of the Board. S. Q. PALMA; Cashier ,
PinJAMMU, June 29,180amtim
IVOTICE.—Notice is hereby given that
application will be made to the Legislature of
Pennsylvania at their next session, for a renewal of the
charter of The Farmers' Bank of Schuylkill County,
located in Pottsville, in the county rf Schuylkill, with
the present capital of one hundred thousand dollars,
and with the usual banking privileges.
J. W. CAKE, Cashier.
him 16,1863.-7 m
111gANK NOTlCE.—Notiee is hereby
1-1 given that the undersigned have formed an associa
tion and prepared a certificate for the purpose of estab
lishing a Bank of Issue, Discount and Deposit, under
the provisions of the act entitled "A supplement to an
act to establish a system of Free Banking in Pennsyl
vania, and to secure the public against loss from Insol
vent Banks," approved the first day of May, Anno Domini
eighteen hundred and sixty-one. The said Bank to be
called THE FA:RMEREP BANK OF MOUNT JOY, to
be located be the Went of Mount say, to consist of a
capital nook of Om RIIIMBiI Thousand bollara, In
shares of Fifty Dollars each, with the privilege of in
creasing the same to any amount not exceeding Three
Hundred Thousand Dollars is all.
J. Hoffmar; Hershey, Sohn M. lierabpy,
Martin B. Peifer, Jacob M. Stauffer,
Reuben Gerber, John M. Bear.
jan2B-d6moaw*
MOTlCE.—Notice is hereby given of an
1.11 intention to establish O. Dank Cif Discount, Deposit
and Circulation, under the provisions of an act, entitled
"An Act to establish a system of free banking in Penn
sylvania," Ac., and the supplement thereto ; said Bank
to be called THE MANIIPACTURh'ILS , BANK," to
be located in the borough of Columbia, Lancaster
county, Pa., with a capital of One Hundred Thousand
Dollars, to be divided into two thousand shares of Fifty
Dollars each. deol-Emd
ALLENTOWN BANK.
ALLENTOWN MINN, ZENO 20, 1808,
Notice is hereby give; that application will be made
to the Legislature of Pennsylvania, at its next session,
for an increase of the capital of said Bank to the amount
of $200,000 in addition to that authorized by the present
Charter; and also for an extension of the Charter of
said Bank for twenty years from the expiration of the
present Charter.
By order of the Board of Directors.
je2o-dtml CHARLES W. COOPER, Cashier.
BANK NOTICE :—The Stook-holders
of the FARMEItiV ANTI Dlttr i ffiltr BANK QV
wAyNEBBURG, in Green county. Pa., will apply to
the next Legislature or the State, for an extension of
charter, for the term of fifteen years from the expire
tion of its present term The location, corporate name
and privileges, and amount of capital stock, to wit:
one hundred and fifty thousand dollars, to be the same
as under its prevent charter.
By order of "the Board. 1, LAZEAR, cashier.
Waynesburg, Green co., Pa., June 15,1863—je-LO•dtml
v OTlCE.—Notice is hereby given, in
conformity with the act of Assembly, that the
stockholders of the Bank of Montgomery County will
make an application to the next Legislature of Penn
sylvania for a renewal of the Charter of said Back, with
the same amount of capital (Four Hundred Thousand
Dollars) as under the present Charter, to continue its
Foment minis arid location.
By order of the Board of Directors.
W. H. SLINGLUFF, Cashier.
Norristown. Pa., June 20, 1863.-6rn
NOTICE.—The Miners' Bank of Potts
ville'
in the county of Schuylkill, hereby give
notice that they intend to apply to the Legislature of
Pennsylvania at their next session for a renewal of their
charter. Said Bank is located in the borough of Potts
ville, in the county of Schuylkill, with an authorized
capitat of Five Hundred Thousand Dollars—a renewal of
which will be asked without any extension of privileges.
by order et the Board.
MIA.. LOESER, Cashier.
Pottsville, Slane 20, 1863.-6md
TOTICE is hereby given, that applica
1, tion will be made at the next annual session of the
Legislature of Pennsylvania, for a renewal of the charter
of the HARRISBURG BANK, with its present name and
style, loc aion, privileges, and capital of Three Hundred
Thousand Dollars. By oiler of the Beard of Directors.
J. WW. WEIR,
jeBo-dtml,, Cashier.
TRADESMEN'S BANK,
PHILADELPHIA, June 24, 1863.
Notice is hereby given. in conformity with the laws
of the Commonwealth of Pennsylvania, that the Trades
men's Bank, of Philadelphia, located in the city of
Philadelphia created with banking and discounting
privileges, with a capital of One Hundred and Fifty
Th,,siband ollars, that application will be made by the
said Bank to the next Legislature for authority to in
crease the capital One Hundred and Fifty Thousand
Dollars.
By order of the Board of Directors. ,
JOHN CADPNEB,
jy6-tmi Cashier
THE BEST FAMILY SEWING
MACHINE IS
WHEELER & WILSON'S.
NEW OFFICE, Market Square, next to Colder's
Office.
117' Call and see them in operation.
A general assortment of machinery and needle's cosh
stonily on lama.
MISS MARGARET Hthcr
Will exhibit and sell them, and also do all winds t
Maehibe sewing on these machines in the heat manner.
The patronage of the public is respectfully ev)icited
aplB-em
HA M S!!1
Newbold's celebrated,
Michener's Ex.celsior,
Evans & Swift's superior,
Jersey Plain very fine.
Also, Dried Beef, Tongues and Bologna Sausage. For
sale by apl4 WM. DUCE, jr. & Co.
PT +' BENCE ISLAND.
Messrs. BECHER & P &LK, Proprietors, announce to
the citizens of Harrisburg that this cool and delightful
Bummer retreat is now oven for visitors. Accommoda
tions will be furnished to parties and pie-nice at reason
able terms, &dancing platform having been erected f r
their special use. Season tickets for families, good for
one year, $l.OO
No improper characters admitted, and no intoxicated
person will be permittea to visit the Island.
A Ferry Boat plies constantly between the Islandand
the foot of Broad street, West Harrisburg. jel3-1m
LOOKING- GLASSES —A Splendid
Assortment of New Looking Glasses, just received,
at W. KNOWELE'S Music Store, 93 Market street, where
they will be sold cheap. Call and examine. mrl3
BROOMS, BRUSHES, TUBS AND
BASKETS of all descriptions, qualities and prices,
for sale by WM. DOCK, .1 ft., & CO.
('CHARLES F. VOLLMEI,
UPHOLSTERER,
Chestnut street, four doors above Second,
(OPPOSITE WASHINGTON HOSE ROHM)
Ie prepared to furnish to order, in the very beat style of
workmanship, spring and flair Mattresses, Window Cur
tains, Lounges, and all other articles of Furniture in his
line, on short notice and moderate terms. Moving e x ._
perience in the business, he feels warranted in askiiig a
share of public patronage, Confident of his ability to give
satisfaction. jan.l.7-dtf
TAPANEsE TEA.—A choice lot of
ti this celebrated Teafust received. It is of the first
cargo ever imported, and is much superior to the Chi
nese Teas in quality, strength and fragrance, and is also
entirely free of adulteration,
kind.coloring or mixture of any
It is the natural leaf of the Japenese Tea Plant.
For sale by WM, POCK, & Co.
SOLDIER'S CAMP COMPANION.-
A very convenient Writing Desk; also, Portfolios,
tderaorandum Books, PortmonnAies, &c., at
BODEPPBRI3 BOOKBTORIV
HAIMISBU,RG, PA., TRUPSDAY, JULY' 9, 1863
Eke grid it. gin.
THURSDAY MORNING. JULY 9, 1863
STATE RIGHTS AND STATE REMEDIES—No • 1.
To the Editors of the Patriot and Union
GENTLEMEN :—I submit a series of numbers
on the subject of "State Rights and State
Remedies," addressed to His Excellency A. G.
Curtin, so that the younger members of society
may have an easy reference through the col
umns of your able and widely circulated paper,
to a truthful history of the principles upon
which the Federal Government was founded,
and the vital importance of protecting State
Rights; for I do mast honestly and firmly be
lieve that in the reserved rights of the States
abides the only safety for the liberties of the
people, and the only guarantee for the perpe
tuity of the Union_ I claim no original merit
for these numbers—they are condensed from
the truly authenticated public records of the
times they refer to ; and I respectfully request
of any man free from the influence of preju
dice and devotion to party, a careful perusal
of them,-satisfied that a, large majority will
unite in the great object to maintain constitu
tiointi liberty in its purity—to preserve the
Constitution inviolate and perpetuate the
Union as it iii. LUTHER MARTIN.
To Hie Excellency A. G. Curtin, Governor of
Pennsylvania :
Reereeeen SIR : —Permit one of your citi
zens, humble himself, to address you in a plain
manner upon the present " state of the times."
In doing so he assures you, it is not as a po
litical partisan, but as a friend to his country,
its Constitution, its Union and the Rights of
the States—each to be held in their proper
constitutional sphere as created and formed by
the' people, in whom all power IS inherent and
from whom all just governments derive their
authority. It has been well said that, to ob
tain an infinite variety of purposes, by a few
plain principles, is the characteristic of nature.
As the eye is affected, so is the understanding;
objects at a distance strike us according to
their dimensions, or the quantity of light
thrown upon them. It le the came with ac.
tions. A battle is all motion ; a hero all glare;
while such images are before us we can attend
to nothing else. Solon and Lycurgus would
make no figure in the same scene with the
Elder Napoleon or Wellington, and we are at
present so lost in the military scramble going
on in our own once happy but now distracted
country, that we have scarce time to cast a
glance towards the American people, and the
rights and liberties of the respective States.
It is known to you, or should be known to you,
that the thirteen colonies or States were sove
reign and independent before they united and
adopted the Declaration of Independence, and
that it was the States that formed and called
into existence the Federal Constitution. Penn
sylvania had her full share in forming that
Magna Charta of American liberty and State
Rights; her central position in the Union
placed her equal, if not superior to most of
her sister States for advantage of situation,
fertility of soil, product of valuable commodi
ties, number of inhabitants, shipping, amount
of exportations, latitude of rights and privi
leges, and every other requisite for the well
being of her people, unassisted by any human
help but the vigor and virtue of her own ex
cellent Constitution. And surely, to a nation
born to liberty like this, we are bound to leave
it unimpaired as we received it from our fathers
in perpetuity to our heirs and all interested in
the conservation of it in every appendix of the
American Union. The particulars of sucli. a
contest cannot be wholly indifferent to the
friends of civil and religious liberty—on the
contrary, it is reasonable to think the first
workings of power against liberty, and the
natural efforts of unbiassed men to secure
themselves against the first approaches of op
pression, must have a captivating power over
all friends of constitutional liberty, who
have sense enough to know their rights and
spirit enough to defend them, and thus prevent
a ruler strongly disposed to convert free ten
ants into abject vassals, and to reap what he
did not sow, countenanced and abetted by a
few desperate and designing confederates to
overthrow the Union of these States. It
has been truly said that power is ever
stealing from the many to the few; and
thus we find that there is a certain liarty
ever ready to abrogate and exterminate State
Rights, and render them mere municipal cor
porations. But every one conversant with
the principles upon which the government was
founded, is acquaketed with the fact that at
the time of its formation, the people of the
thirteen States, then constituting the old con
federation, were divided into two great parties,
the one desirous of establishing a single strong
consolidated government bordering upon mon
archy, which would have reduced the States
to the rank of counties, or corporations ; the
other advocating a government upon the prin
ciples of federation, which, whilst they would
have left unimpaired the sovereignty of the
States, would have conferred upon the general
government the management of the foreign
relations of the whole, and of such internal
concerns as might be defined in a constitution
of limited powers. In this diversity of views
originated the great contest for principles and
which first commenced in the convention of
t S7 4 " which was renewed in 'OB, - and which
resulted upon both occasions in the triumph
of the friends of States Rights, and which is
now again about to be renewed, with the cer
tainty of success, if the American people are
resolved not to live—but die slaves. These
two theories of government involve the most
important consequences as respects the liberty
of the people and the Union of the States, and
as there can be no better mode, of ascertaining
which of the two is the true theory, than by
referring to history, I shall beg your earnest
attention to the following facts : Under the old
colonial government of Great Britain, each of
her galenite on the American continent was
wholly independent of the rest. Each had its
own Governor, its own Legislature, its own
judicial tribunals, and its own code of laws,
and each was subject to no other jurisdiction
Or authority than that of the mother country—
the same precisely as Canada and New Bruns
wick now stand. The limited population and
resources of each disqualified it for separate
action, and when the period arrived at which
the oppression of Great Britain could no lon
ger be borne by the people of the colonies, a
sense of common danger naturally induced
them to ?mite in one common effort to throw
off the yoke. The first Congress which assem
bled to take into consideration the situatiorrof
the colonies in reference to their difference
with Great Britain, met in the city of Phila
delphia, on the sth of September, 1774. This
body consisted of delegates from New Hamp
shire, Massachusetts Bay, Rhode Island and
Providence Plantations, Connecticut, from the
city and county of New York, and other coun
ties in the Provinces of New York, New Jersey,
Pennsylvania, New Castle, Kent and Sussex
in Delaware, Maryland, Virginia and North
Carolina, and continued in session until the
26th October, when, after preparing several.
important resolutions, it didsolved, after re
commending delegates to meet again on the
10th of the following May. On the 10th of
May, 1775,th e Second Congress assembled at the
State House in Philadelphia. On the Ist of
August it adjourned until sth cf September.
On the 13th of September delegates from
Georgia took their seats and completed the
number of the thirteen States, which had
resolved to be free, and remained in session
until atter the consummation of the act which
dissolved its connection with the mother
country. Let it be remembered that all these
measures were adopted prior to the Declaration
of Independence, and whilst the colonies were
still united to the British Empire. On the 10th
of June, 1776, a committee was appointed to
prepare a Declaration of Independence, and on
the 28th of June, the committee, through its
Chairman, Thomas Jefferson, reported a draft,
which was discussed and finally adopted and
signed on the 4th of July, end so well known
to us as the Declaration of Independence,
which proclaimed to the world, "in the name
and by the authority of the good people of these
Colonies we solemnly publish and declare that
these United Colonies are, and of right ought
to be, free and independent States," &e. In
the war which followed, they acted in their
new capacity of free and independent States.
Each one established its own commerce; each
one levied war, and maintained its own army,
out of its own private resources, besides con
tributing toward the colonial army its fair
proportion, and each one performed "all things
which independent States may of right do," ex
cept those things which were specifically en
trusted to Congress, by the States which had
united ; and for four years after the revolution
began, there was not even so much as an in
strument of confederation between them, Al
though the subject was proposed before the
Declaration of Independence, yet it was not
until the 15th of November', 1777, that articles
of confederation were first executed by the
delegates in Congress assembled ; nor until the
9th of July, 1778, that they were ratified by a
subsequent Congress; nor until the 30th of
January, 1781, that they were ratified by all
the States, so as to render them binding on
either. By these articles of confederation the
terms of the Union between the whole thirteen
States were first reduced to a systematic writ
ten compact, and it is to that instrument we
are to look for our exposition of•the relation
towards each other which was at that time
held to exist between them.. The first three
articles of the instrument, which is entitled
"Articles of Confederation and Perpetual
Union," are in these words "Article I.—The
style of this Confederacy shall be the United
States of America." "Article 2 —Each State
retains its sovereignty, freedom and independence,.
and every power, jurisdiction and right which
is not by this confederation expressly delega
ted to the United States in Congress assem
bled." "Article 3.—the said States hereby
severally enter into a firm league of friendship
with each other for their common defence, the
security of their liberties. and their mutual
and general welfare ; binding themselves to as
sist each other against all force offered to, or
attacks made upon them, or any of them on ac
count Of religion, sovereignty, trade, or any pre
teem) whatever." Under the form of govern
ment just described the war of the revolution
was successfully conducted and brought to a
happy close by the acknowledgment of our in
dependence by the government of Great Britain
on the 30th of November, 1782, in the follow
ing clear and explicit terms :
"His Britanic Majesty acknowledges the
said United States, viz : New Hampshire, Mas
sachusetts Bay, Rhode Island, Providence
Plantations, Connecticut, New York, New Jer
sey, Pennsylvania, Delaware, Maryland, Vir
ginia, North Carolina, South Carolina and
Georgia, to be free, sovereign and independent
Slates ; that he treats with them as such, and
for himself, his heirs and successors, relin
quishes all claims to the government property
and territorial rights of the same, and every
part thereof." Certainly up to this period it
cannot be pretended that the States had part
ed with their sovereignty, freedom or indepen
dence, and if that position be still alleged, we
must look for that act of self immolation to
some subsequent period of our history. Rav
ing given the history of the organization of
the government under the articles of confed
eration, it will be in order to give a detail of
the occurrences which led to the convocation
of the federal convention for the purpose "of
revising the Articles of confederation"—which
shall be the subject of my next letter.
REJOINDER OF THE OHIO COMMITTEE
TO PRESIDENT LINCOLN.
NEW YORE CITY, July 1, 1863.
To ills Exechoney, the Preatdost Qf the United states !
:—Your answer to the application of the
undersigned for a revocation of the order of
banishment of Clement L. Vallandigham re
quires a reply, which they proceed with as lit
tle delay as practicable to make.
They are not able to appreciate the force of
the distinction you Make, between the Consti.
tution and the application of the Constitution,
whereby you Assume that powers are delegated
to the President at the time of invasion or in
surrection, in derogation of the plain language
of the Constitution. The inherent provisions
of the Constitution, remaining the same in
time of insurrection or invasion, as in time of
peace, the President can have no more right to
disregard their positive and imperative re
quirements at the former time than at the lat.
ter. Because some things may be done, by
the terms of the Constitution at the time of in
vasion or insurrection, which would not be
required by the occasion, in time of peace,
you assume that anything whatever, even though
not expressed by the Constitution, may be
done on the occasion of insurrection or inva
sion, which the President may choose to say is
required by the public safety. In plainer
terms, because the writ of habeas corpus may
be suspended at time of invasion or insurrec
tion, you infer that all other provisions of the
Constitution having in view the protection of
the life,liberty and property of the citizen,
may be in like manner suspended. The pro
vision relating to the writ of habeas corpus, be
ing contained in the first part of the Constitu
tion, the purpose of which is' to define the
powers delegated to Congress, has no connec
tion in language with the declaration of rights,
as guarantees of personal liberty, contained in
the additional and amendatory articles; and
inasmuch as the provision relating to habeas
corpus expressly provides for its suspension,
and the other provisions alluded to do not pro
vide for any such thing, the legal conclusion
is, that the suspension of the latter is unau
thorised. The provision for the wt of habeas
corpus is merely intended to furnish esturnitary
remedy, and not the means whereby personal
security is conserved, in the final resort; while
the other provisions are guarantees of personal
rights, the suspension of which puts an end to
all pretence of free government. It is true
Mr. Vallandigham applied for a writ of habeas
corpusas a summary remedy against oppression.
But the denial of this did not take away his
right to a speedy public trial by an impartial
jury, or deprive him of his other rights as an
American citizen. Your assumption of the
right to suspend all the constitutional guaran
tees of personal liberty, and even of the free
dom of speech and of the press, because the
summary remedy of hdheaa corpus may be sus
pended, is at once startling and alarming to
all persons desirous of preserving free govern
ment in this country.
The inquiry of the undersigned whether
"you hold that the rights of every man through
out this vast Country, in time of invasign or
insurrection, are subject to be annulled when
ever you may say that you consider the public
safety requires it ?" was a plain question, un
disguised by - circumlocution, and intended
simply to elicit information. Your affirmative
answer to this question throws a shade upon
the fondest anticipations of the framers of the
Constitution, who flattered themselves that
they had provided safeguards against the dan
gers which have ever beset and overthroNn free
government in other ages and countries. Your
answer is not to be disguised by the phraseol
ogy that the question "is simply a question
who shall decide, or an affirmation that nobody
shall decide what the public safety does require
in cases of rebellion or invasion." Our gov
ernment was designed to be a government of
law, settled and defined, and not of the arbitrary
will of a single man. As a safeguard, the
powers were delegated to the legislative, ex
ecutive and judicial branches of the govern
ernment, and each made co-ordinate with the
others, and supreme within its sphere, and thus
a mutual check upon each other in case of
abuse of power. It has been the boast of the
American people that they had a 'written Con
stitution, not only expressly defining, but also
limiting, the powers of the government and
providing effectual safeguards for personal
liberty, security and property. And to make
the matter more positive and explicit, it was
provided by the amendatory articles, nine and
ten, that "the enumeration in the Constitution
of certain rights shall not be construed to deny
or disparage others retained by the people,"
and that ."the powers not delegated to the Uni
ted States by the Constitution, nor prohibited
by it to the States, are reserved to 'the
States respectively, or to the people."—
With this care and precaution on the part
of our forefathers, who framed our institu
tions, it walk not to be expected that, at so
early a day as this, a claim of the President to
arbitrary power, limited only by his conception
of the requirements of the public safety, would
have been asserted. In derogation of the Con
stitutional provisions making the President
strictly an executive officer, and vesting all the
delegated legislative power in Congress, your
position, as we understand it, would make
your will the rule of action and your declara
tions of the requirements of the public safety
the law of the land. Our inquiry was not,
therefore, "simply a question who shall decide,
or the affirmation that nobody shall decide,
what the public safety requires." Our gov
ernment is a government of law, and it is the
law-making power which ascertains what the
public safety requires, and prescribes the rule
of action ; and the duty of the President is
simply to execute the laws thus enacted, and
not to make or annul laws. If any exigency
shall arise, the President has the power to con
vene Congress at any time, to provide for it,
so that the plea of necessity furnishes no rea
sonable pretext for any assumption of legisla
tive power.
For a moment contemplate the consequen
'en of such a claim to power. Not only would
the dominion of the President be absolute
over the rights of individuals, but equally
so over the other departments of the govern
ment. If he should claim that the public safety
required it, he could arrest and imprison a
judge for the conscientious discharge of his
duties, paralyze the judicial power, or super
cede it, by the substitution of courts martial,
subject to his own will, thritoughout the whole
country. If any one of the States. even far
.removed from the rebellion, should not sus
tain his plan for prosecuting the war, he
could, on the plea of public safety, annul and
set at defiance the State laws and authorities,
arrest and imprison the Governor of the State
or the members of the Legislature, while in
the faithful discharge of their duties, or he
could absolutely control the salon either of
Congress or of the Supreme Court, by arrest
ing and imprisoning its members, and, upon
the same ground, he could suspend the elec
tive franchise, postpone the elections, and de
clare the perpetuity of his - high prerogative.
And neither the power of impeachment nor
the elections of the people could be made
available egainst such concentration of power.
Surely it is not necessary to subvert free
government. in this country in order to put
down the rebellion; and it cannot be done under
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the pretence of putting down the rebellion. In
deed, it is plain that your administration has
been weakened, and greatly weakened, by the
assumption of power not delegated in the Con-
In your answer you say to us—eY•ew cl a i m
that men may, if they choose, embarass those
whose duty it is to combat a giant rebellion
and then be dealt with in terms as if there was
no rebellion." You will find yourself in fault
if you will search our oommnnicatien to you,
for any such idea. The undersigned believe
that the Constitution and. laws of, the land,
properly administered, furnish ample power
to put down an insurrection without the as
sumption of powers not granted. And if ex
isting legislation be inadequate, it is the duty
of Congress to consider what anther legisla
tion is necessary, and to make suitable 'provi
sion by law.
You claim that the military arrests made by
your Adieinistratien, are merely preventive
remedies " AS injunctions to stay injury, or pro
ceedings to keep the peace, and not for punish
ment." The ordinary preventive remedies al
luded to are authorized by established law, but
the preventive proceedings you institute have
their authority merely in the will of the Ex
ecutive or that of officers subordinate to his
authority. And in this Peoo4eding a discretion
seems to be exercised as to whether the prisoner
shall be allowed a trial, or even be permitted
to know the nature of the complaint alleged
against him, or the name of his accuser. If
the proceedings be merely preventive, why not
allow the prisoner the benefit of a bond to keep
the peace. But if no offence has been com
mitted, why was Mr. Vallandigham tried, con
victed and sentenced by a court-martial? And
why the actual punishment by imprisonment
or banishment, without the opportunity of ob
taining his liberty in the mode usual in pre
ventive remedies, and yet say it is not for pun
ishment ?
You still place Mr. Vallandigham'a convic
tion and banishment upon the ground that he
had damaged the military service by diseoura
ging enlistments and encouraging desertions,
&c., and yet you have not even pretended to
controvert our position that he was not charged
with, tried or convicted for any such offence
before the court-martial.
In answer to our position that Mr. Yellen
digham was entitled to a trial in the civil tri
bunals, by virtue of the late acts of Congress,
you say: "I certainly do not know that Mr.
Vallanaligham has specifically, and by diriel lan
guage, advised against enlistments and in favor of
desertions and resistance to drafting," &0., and
yet, in a subsequent part of your answer, after
speaking Of certain disturbances which are
alleged to have occurred in resistance of the
arrest of deserters, and of the enrollment pre
paratory to the draft, and which you attribute
mainly to the. course Mr. Vallandigham has
pursued, you say that he hoe made speeches
against the war in the midst of resistance to
it; that "he has never been known, in any
instance, to counsel against such resistance,:
and that "it is next to impossible to repel the in
ference that he has counseled directly in favor of
it." Permit us to say that your iittermatinn is
most grievously at fault. The undersigned
have been in the habit of hearing Mr. Vallan
digham speak before popular assemblages, and
they appeal with confidence to every truthful.
person who has ever heard him, for the accu
racy of the declaration that he has never made
a speech before the people of Ohio in which he
has not counseled submission and obedience to
the laws and the Constitution, and advised the
peaceful remedies of the judicial tribunals and
of the ballot-box for the redress of grievances
and for the evils which afflict our bleeding and
suffering country. And, were it not foreign to
the purposes of this communication, we would
undertake to establish, to the sati sfaction of
any candid person, that the disturbances among
the people, to which you allude, in opposition
to the arrest of desertere and the draft, have
been occasioned mainly by the measures, poli
cy and conduct of your administration and the
course of its political friends. But if the cir
cumstantial evidence exists, to which you al
lude, which makes "it next to impossible to
repel the inference that Mr. Vallandighani has
couneeled in favor" of this resistance, and that
the same has been mainly attributable to his
conduct, why was he not turned over to the
civil authorities to be tried under the late acts
of Congress? If there be any foundation in
fact for your statements implicating him in
resistance to the constituted authorities. he is
liable to such prosecution. And we now de
mand, as a mere act of justice to Mm, an in•
vestigation of this matter, before &jury of his
eountry, and respectfully insist that fairness
requires either that you retract these charges
which you make against him, or that you re
voke your order of banishment and allow him
the opportunity of an investigation before an
impartial jury.
The Committee do not deem it necessary to
repel at length the imputation, that the atti
tude of themselves or of the Democratic party
in Ohio "encourage desertions, resistance to
the draft, and the like." Suggestions of that
kind are not unusual weapons in our ordinary
political contests. They rise readily in the
minds of politicians, heated with the excite
ment of partisan strife. During the two years
in which the Democratic party of Ohio has
been constrained to oppose the policy of the
Administration, and to ;gaud up in defence of
the Constitution and of personal rights, this
charge has been repeatedly made. It has
fallen harmless, however, at the feet of those
whom it was intended to injure. The Com
mittee believe it will do so again. If it were
proper to do so in this paper, they might sug
gest that the measures of the Administration,
and its changes of policy in the prosecution o f
the war, have been the fruitful eoureee of dis
couraging enlistments, and inducing deser
tions, and furnish a reason for the undeniable
fact, that the first call for volunteers was an
swered by very many more than were demanded,
and that the next call for soldiers will proba
bly be responded to by drafted men alone.
The observation of the President in this con
nection, that neither the Corivention in its
re.solutions, nor the committee in its commu
nication, intimate that they "are conscious of
an existing rebellion being in progress with
the avowed object of destroying the Union,"
needs, perhaps, no reply. The Democratic
party of Ohio has felt so keenly the condition
of the country, and been stricken to the heart
by the misfortunes and sorrows which have
befallen it, that they hardly deemed it neces
sary by solemn resolution, when their very
State exhibited everywhere the sad evidences
of war, to remind the President that they were
aware of its existence.
In the conclusion of your communication,
you propose that, if a majority of the commit
tee shall affix their signatures to a duplicate
copy of it, which you have furaiehed, they shall
stand committed to three propositions therein
at length set forth, that you will publish the
names thus signed, and that Otis publication
shall operate as a revocation of the order of
banishment. The committee cannot refrain
from the expression of their surprise that the
President should make the fate of Mr. Val
landigham depend upon the opinion of this
committee upon these propositions. If the
arrest and banishment Were legal, and were de
served, if the President exercised a power