rt....Ft , . it. G.
Four lines or less constitute half a square. Bight linen
or view! , than four., sonetitnts & square.
Half sq., one day-- $0 30 • Onot sq., one 417-- $0 00
one week..— 1 201 .6 one week.... 200
" one month.. 300 . " one month.. aOO
" threemontha 5OO ‘, three monthslo 00
allmmthg., 800 )sit months.. 15 00
one year..-12 001 " one year 20 00
fEr Business notices inserted in the Local. Sounds,
or before marriages and deaths, TIN OMITS rsa rase for
nen rederraen. As merchants and others advertishig
woo year, itooraa vormes Will be offered.
ray aUN Wacgaafte at mouth= must De designated on
adwerumeinenz.
t crm arr iages and Deathewilltge inserted at the mine
„ ra t es a s regular advertisements.
43 usintss stark.
R OBERT SNODGRASS,
ATTORNEY ...11T LAW,
Office North Third street. third door above Mar.
ket, Harrisburg, Pa.
N- B.—Pension Bounty and Military claims of all
lauds proscouttsiLd collected.
Refer to HOWL 70113/ U. Kunkel . , David Mumma, fir.,
•and R. A. Lamberton. myll-d&wfint
WM. H. MILLER,
ILISD
R. E. FERGUSON,
ATTORNEYS AT LAW.
OFFICE IN
SHOEMAKER'S BUILDINGS
SECOND STREET,
BETWEEN WALNUT and MARKET SQUARE,
ap•29w&d Nearly opposite the Buehler House.
T HOS. C. MACDOWELL,
ATTORNEY AT LAW,
MILITARY CLAIM AND PATENT AGEIVT.
Offee an the Exchange, Welnut st., (Up Stairs.)
Having formed a connection with parties in Wash
ington City, - watt are reliable imalnam men, any baud
mass connected with any of the Departments will meet
with immediate and careful attention. me-y
DR. C. WEICHEL,
SITROZON AND OCULIST,
EMIDENCE THIRD NAB NORTH STRAW.
He is now fully prepared to attend promptly to the
duties of profession in all ita branches.
A WAG AND URN 81170CIEBBFDL NEDNIAL NIPINTINGN
patinas him in promising foil and ample satisfaction to
all who may - favor blinwith a ava,b4 tl44lcsiuseChraniv
or any other nature. mla-ditwlT
MILITARY CLAIMS AND PEN
SIONS.
The undersigned have entered into an sesociation for
the collection of Military Claims and the securing of
Pensions for wounded and disabled soldiers.
Muster-in and Muster-out Rolls, officers' Pay Bolls,
Ordnance and Clothing returns, and all papers pertain
dng to the military service will be made out properly
and espeditionsly_
Moe in the Exchange Buildings, Walnut between
/Second and Third streets, near Omit ' s Hotel. Harris
burg, Pa. - THOS. C. MACDOWELL,
je2s-dtf THOMAS A. MAGUIRE.
IL A 8 WARD.
NO. 11, NORTH THIRD ST., HARRISNURH.
STEINWAY'S PIANOS,
IiBLODZONS, VIOLINS, OIUTMIS,
Banjos, Flutes, Fifes, Drums, 4ccordeons,
STRINGS, SHEET AND BOOS RITMO, &0., AC.,
PHOTOGRAPH FRAMES. ALBUMS.
Large Pier and Mantle Mirrors, Square and Out Pram*
of eTerydeacriptionteede to order. Regnilding done.
Agency for Howe's Sewing Machines.
Er Sheet Music sent by Mail. oetl-1
JOHN W. GLOVER,
MERCHANT TAILOR!
Has just received from New York, an assort
ment of
SEASONABLE GOODS,
which he offers to his customers and the public at
nor= MODERATE PRICES. dtf
T BOOK, Merchant Tailor,
4 27 CitaNUT ST., between Second ma front,
Has ttat retuxEed from the city with an assortment of
CLOTHS ; CASSIMERES AND VESTING - 8,
Which will be sold at moderate prices and made up to
order; and, also, an assortment of READY MADE
Clothing and Gentlemen's Furnishing Goode.
acoal-lyd
DENTISTRY.
B. N. MEDEA, D. D. 8,
4141E -4F O r N . 119 NELRE.E.T STREET,
EBY & KtINVIVS BUILDING, UP BTAIRS.
jan.B-tf
RELIGIOUS BOOK STORE,
TRACT AND SUNDAY SCHOOL DEPOSITORY,
B. GERMAN.
IT 13013TH DZOOND STREET, ABOTI 0113311111,
1411.111116811RG, PA.
Depot for the Ital. of 13tereoseopesfitereoseopioltiews,
Muds and Musical Instruments. Also, sulmsniptlons
taken for religions publioatiena. 11108O4y
JOHN G. W. MARTIN,
FASHIONABLE
CARD WRITER,
1L1t113114 HOTEL, HARBISBUBia, PA.
Allnisainer of VISITING, WRDDING AND BUSI
NESS CARDS execrated in the most artistic styles and
most reasonable terms. deel4-dtf
UNION HOTEL,
Ridge Avenue, corner of Broad street,
HARRISBURG, PA.
Th,e undersigned informs the public that he has re
cently reiterated and refitted hie well-known n Union
Hotel" on Ridge avenue, near the Round House, and is
prepared to accommodate citizens, strangers andtravel
era in the best style, at moderate rates.
His table will Ira supplied with the best the mullets
afford, and at his bar wi'l be found superior brands of
lignore and in*tt beverages_ The very beet ecoemmo
dations for railroaders employed at the shops in this
vicinity. dtfl HENRY BOBTGEN.
F RANKLIN HOUSE,
111.LTI3[OILA, MD.
This pleasant and commodious Hotel has been tho
roughly re-fitted and re-furnished. It is pleasantly
!Mated on North-West corner of Howard and Franklin
streets, a few doors west of the Northern Central Rail
way Depot. Avery attention paid to the comfort of his
VAAL G_LNISINILING 4 Proprietor,
iel2,-tf (Late of Saline Grove. Pc)
THE O. F. BOHEFFER,
EIDDL CARD AND JOB PRINTER,
NO 111 MARKET STREET, HARRISBURG.
Irr Particular attention paid to printing, rating and
binding of Railroad Blanks, Manifests, Insurance Poli-
WChecks Bill-Reads , &c.
edding, Visiting and Business Cards printedat very
l o w prices and in the hen Buie, jan.9l
TAILORING.
Gk. MCP . . XS: XI CA- "JEC .
The subscriber is ready at NO.. 94, MARKET sT_,
four doors below Fourth street, to make
MEN'S AND BOY'S CLOTHING
In any desired style, and with skill and promptness.
Persons wishing cutting done can have it done at the
shortest notice. ap27-d
CHARLES F. VOLLMEB,
UPHOLSTERER,
Cheanut street, four doors above Second,
(OTPOBITI WASHINGTON Hoag Housz,)
Is prepared to furnishto order, in the very beet style of
workmanship, Spring and Hair Mattresses, Window Our
tains, Lounges, and all other articles of Furniture in hi:
line" on short notice end moderate terms. Raving ex
perience In the business, he feels warranted in asking*
Owe of public patronage, confident of hie ability to givb
janl7-dt,
COOPN R'S GELATINE.—The ben
a tm. in the inarketjust received and for sale ty
merle-Cr wrd. Dont s.
lOTIONS.—Quite a variety of useful
I.N and entertaining arliolea—cheap—at
SOHNIPPER 3 B BOoKirrOni.
wEBSTER'S ARMY AND NaVY
POCKET' DICTIONARY.
Just received and for sale at
OINIBIPFERIS 800 • FITORB
NEW ORLEANS SUGAR I—FutsT IN
TEZ MARIZT !—For male by
JAZ
Wlll. DOCK Jz.. i. co
•
-_-t-__,_ i i ,. : ..--.._ . •
_ 7 . :,.. - 7 - 74 44 - ' T;7O -4 ,•;-"'" - : - .':',.* -- . 4.- : 7 = -_ - _ = :_ -
IK .
.
_
.., 4 : : :: 5 ,: - : -' , +1_LIVL1( , :„_•_1*; , - , _ -- ,47 --f, ' :
_., ,----,___
-, ----_-,-- ----, tiopti- -, . • - - -
, =:4 - ~,,V .. ---,3E4-7-- ' 1 '''.
I . . 1,
,
L- 11 - ;ik- P r.. 1:F :1 2 ! ,- ^,• = 7" -- 1 57 c. '7:4-, - :.:' ,-
1 11 1 .
• .''''' - '7 7, , 1 ,!.1. :..„,,,, :, ,?! ! ,1.. . .
,
...„ • i 0 it.
___.....
_
_
._
... ._.
_........._____
VOL. 6.-NO. 13.
intbitet
AV- *
DR. SWEET'S
INFALLIBLE LINIMENT
THE
GREAT EXTERNAL REMEDY,
FOR RHEUMATISM, GOUT, NEURMAHA,
LUMBAGO, STIFF NECK AND JOINTS,
SPRAINS, BRUISES, CUTS do WOUNDS,
PILES, HEADACHE, and ALL RHEU-
MATIC and NERVOUS DISORDERS,
For all of which it is a speedy and certain remedy,
and never fails. This Liniment is prepared from the
recipe of Dr. Stephen Sweet, of Connecticut, the fa
mons bone setter, and has been used in his practice for
more than twenty years with the moat astonishing suc
cess.
AS AN ALLEVIATOR OF PAIN, it is unrivaled
by any preparation before the public, of which the most
skeptical may be convinced by a single trial.
This Liniment will cure rapidly and radically, RHEU
MATIC RISORDERS of event kind, and in thousands
of emus where it has been wed it hag utter been known
to fail.
FOR NEURALGIA, it will afford immediate relief
in every case, however distressing.
It will relieve the worst cases of HEADACHE in
three minutes and is warranted to do it.
TOOTILIcHE also will it cure instantly.
RR NERVOUS DEsairr AND GENERAL
LASSITUDE, arising from imprudence or excess, this
Liniment is a most happy and unfailing remedy. Act
ing directly upon the nervous tissues, it strengthens and
revivifies the system, and restores it to elasticity and
vigor.
FOR PILES.—As an external remedy, we claim that
it is the best known, and we challenge the world to pro
duce an equal. Every victim of this distressing com
plaint should give it a trial, for. it will not fail to afford
immediate relief, and in a majority of cases will effect
radical Buie_
QUINSY awl SORE THROAT are sometimes ex.
tremely malignant and dangerone, but a timely applica
tion of this Liniment will never fail to cure.
. . -
SPRAINS are sometimes very obstinate ; and enlarge
ment of the joints is liable to occur if neglected. The
worst rase may be conquered by this Liniment in two 9r
three days.
BRUISES, CUTS, WOUNDS, SORES, ULCERS,
BURNS and SCALDS, yield readily to the wonderful
healing properties of DR. SWEET'S INFALLIBLE
LINIMENT, when used according to directions. Also,
CHILBLAINS, FROSTED FEET, and INSECT
BITES and STINGS.
EVERY HORSE OWNER
should have this remedy at band, for its timely use at
the first appearance of Lameness will effectually pre
rCilt UPPe formidable diseases to which all horses are
liable and which render so - many otlservriso Valuable
horses nearly worthless.
Over four hundred voluntary testimonials to the won
derful curative properties of this Liniment have been
received within the last two years, and many of them
frea k perms in the highest ranks of life.
CAUTION.
To avoid imposition, observe the Signature and Like
ness of Dr. Stephen Sweet on every label, and also
" Stephen Sweet's Infallible Liniment " blown in the
glass of each bottle, without which none are genuine.
SIONARDSON & 01 4
Sole Proprietors, Norwich, Ct.
For sale by all dealers. aplleow-d&w
IZlpting.
A
A LL WORK PROMISED IN
ONE WEEK!
31. 0 .
PENNSYLVA N Al
STEAM DYEING ESTABLISHMENT,
104 MARKIT STRAIT,
BETWEEN FOfir.S2H AND FIFTE,
HARRISBURG PA.,
Where every deneription of Ladies' and Onatiemen 3 .
isrments, Moo Goods, Ad., Ai% Dyed, Oinansed, and
inland in the bast manner and at the ehortest notion.
no9.d&wly DODGB & 00.. Proprietors.
T. F. WATSON,
MASTIC WORKER
AND
PRACTICAL CEMENTER,
Is prepared to GOUnlit 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 (rest, svery
good building should be coated With this Cement ; it is
a perfect preserver to the walls, and makes a beautiful,
fine 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.
d. H. Shoenberger, residence, Lawrenceville, finished
five years.
James M'Candlass, residence, Allegheny eity,finished
five yearn.
Calvin Adams, residence, Third street, finished four
years.
A. Hoeveler, residence, Lawrenceville, finished four
years.
J. D_ M'Cord, Penn street, finished four years.
Hon. Thomas Irwin, Diamond street, lioned 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 4.11ge of R M 3 Bldowner 7 Paint
Shop, 20 Seventh street, or please.address •
T. F. WATSON,
mayl6-tf P. 0. Box 13.,6. Pittsburg, Pa.
FIAMS!!! 1
20,000,1b5. Composed of the following Brands
just received :
NEWBOLD'S—Celebrated.
NEW JERSEY—SeIect.
EVANS & SWlFT'S—Superior.
MICEINER'S EXCELSlOR—Canvassed.
MICIIINER'S EXCELSIOR—Not canvassed.
IRON ClTY—Canvassed.
IRON CITY—Not canvassed.
PLAIN RAMS—Strictly prime.
ORDINARY RAMS—Very good.
Er Every Han► sold will be gu ar anteed as represen•
ted. WM. DOCK. jr., & CO.
SSUPERIOR STOCK OF lIQUORS.
WM. DOCK, Ja., & CO., are now able to od'er to
their custowcrs and the public at large, a stock of the
purest liquors ever imported into this market, compri
sing in part the following varieties :
vir Li is K SCOTCH,OLD BOURBON.
WI.NE—PORT, SHERRY, OLD MADEIRA.
OTAItD, 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, Dock & Co have on hand a large variety of
Wines, Whisk,. and Brandy, to which they invite the
°articular attention of the public.
\A . A ti! WAR! —BRADY, No. 62
Market street, below Third, has received a large
.mmortment of Sweace, BASHBEI and MILTO, which he
will sell very low au2o dtl
V XPELSIOR I !-SUGAR CURED
! , t 'HAMS !—A Deticions Ham, cured expressly for
family ass They are superior to any now in the mar
ket. Prl 24 .i WM. 3:110014 Js., & 00.
HARRISBURG. PA:, WEDNESDAY. SEPTEMBER 16, 1863
THE
Weekly "Patriot & Union,"
THE CHEAPEST PAPER PUBLISHED IN
PENNSYLVANIA!
THY ONLY DEMOCRATIC PAPER PUBLISHED AT
THE SEAT OF QOVERNmENT!
FORTY-FOUR COLUMNS OF READING MAT
TER EACH WEEK !
AT THE LOW PRICE OF ONE DOLLAR
AND FIFTY CENTS I
WHEN
SUBSCRIBED FOR IN CLUBS OF NOT LESS
THAN TEN COPIES 70 ONE ADDRESS!
We have been compelled to rai SO the club subseriptl oil
price to one dollar and fifty cents in order to save our
selves from actual loss. Paper has risen, including
taxes, about twenty-five per cent., and is still rising;
and when we tell our Democratic friends, candidly, that
we can no longer afford to sell the Weekly PATRIOT AND
UNION at one dollar a year, and must add fifty cents or
stop the publication, we trust they will appreciate our
position, and, instead of withdrawing their subscrip
tion'', go to work with a will to inOreitile our lint in every
county in the State. We have endeavored, and shall
continue our efforts, to make the paper useful as a party
organ, and welcome as a news messenger to every fam
ily, We flatter ourselves that it has not been without
some inflikettet is predating the glorious revolution in
the politics of the State achieved at the late election;
and if fearlessness in the discharge of duty, fidelity to
the principles of the party, and an anxious desire to pro- e .
mote ite intereete, with some experience and a moderate
degree of ability, Can be made serviceable hereafter, the
Weekly PATRIOT AND UNION win not be less useful to
the party or less welcome to the family circle in the fu
ture than it has been in the past. We confidently look
for increased encouragement ,n tide great enterprise,
and appeal to every influential Democrat in the State to
lend ns his aid in running our supscription list up to
twenty or thirty thousand. The expense to each indi
vidual is trifling, the benefit to the party may be great.
Believing that the Democracy of the State feel the. ne
cessity of sustaining a fearless central organ, we make
this appeal to them for assistance with the fullest confi
dence of success.
Thu same reasons which induce us t 4 raise the price
of the Weekly, operate in regard to the Daily'paper ; the
price of which is also increased. The additional cost to
each subscriber will be but trifling; and, while we can
not persuade ourselves that the change necessarily made
will result in any diminution of our daily eltsulation,
yet, were we certain that such would be the conse
quence, we should still be compelled to make it, or suf
fer a ruinous loss. 'Under these circumstances we must
throw ourselves upon the generosity ) , or, rather, the
justice of the public, and abide their verdict, whatever
it may be.
The period for which many of our subscribers have
paid for their paper being on the eve of expiring, we
tate the liberty of tanning thie - notice, reminding them
of the same, in order that they may
RENEW THEIR CLUBS
We shall also take it as an especial favor if our present
subscribers will urge upon their neighbets the fast that
the PATRIOT AND UNION is the only Democratic paper
printed in Harrisburg, and considering the large amount .
of reading matter, embracing all the current news of
the day, and
TELEGRAPIIIC DISPATCHES
from everywhere up to 1 . 0 - 3 -, riaomblit tnd yuyn. g.ea to
press, political, miscellaneous, general and local news
market reports, is decidedly the
CHEAPEST NEWSPAPER .PUBLISHED IY
THE STATE:
There Is scarcely a village or town in the State in
which a club cannot be raised if the proper exertion be
made, and surely there are few places in which one or
more energetic men cannot be found who are in favor of
the dissemination of sound Democratic dontrinell, Who
would be willing to make the effort to raise a club.
DEMOCRATS OF THE INTERIOR !
Ltt 340 hear from yon. The existing war, and the ap
proaching sessions of Congress and the state Legisla
ture, are invested with unusual interest, and every man
should have the news.
TERMS.
DAILY PATRIOT AND UNION
Single copy for one year, in advance- $5 00
Single copy during the session of the Legislature.. 2 00
City subscribers ten cents per week.
Copies supplied to agents at the rate of $1 50 per hun-
dred.
WEEKLY PATRIOT AND UNION ]
Published every Thursday.
Single copy one year, in advance $2 00
Ten copies to one address 15 00
Subscriptions may commence at any time. PAY AL
WAYS IN ADVANCN. We are obliged to make this
imperative. In every instance cask must accompani
subscription. Any person sending us a club of twenty
subscribers to the Weekly will be entitled to a copy for
hie services. The price, even at the advanced rate is
BO law that we cannot offer greater inducements than
this. Additions maybe made st any time to a club of
subscribers by remitting one dollar and fifty cents
for each additional name. It is not necesoary to Read
us the names of those constituting a Club, as we cannot
undertake to address each paper to club subscribers
separately. Specimen copies of the Weekly will be sent
to all who desire it.
O. BARRETT & CO,, garrill bur g? Pa
N. B.—The following law, passed by Congress In 1880,
defines the duty of Postmasters in relation to the de
livery of newspapers to club subscribers :
(See Llttte, Brown ir Co.'s edition of Me Laws 0/1880,
page 38; chapter 181, .Stiiien. 1.)
“Provided, however, that where packages of new pa
pers or periodicals are received at any post office directed
to one address, and the names of the club subscribers to
which they belong, with the postage for a quarter in ad-
TAM, filial be handed to the postmaster, be shall de
liver the same to their respective owners.”
To enable the Postmaster to comply with this regula
tion, it will be necessary that be be furnished with the
list of names composing the club, and paid a quarter's
(or year's) postage in advance. The uniform courtesy
of Postmasters, affords the assurance that they will
cheerfuliyaccommoaate club subscribers, and the latter
should take care that the postage, which is but a trifle
each case, be paid in advance. Send on the clubs.
INDEPENDENCE ISLAND.
Messrs. BECKER & F &LK, Proprietors, announce to
the citizens of Harrisburg that this cool and delightful
Bummer retreat is now open for visitors. Accommode-
Hone will be furnished to parties and plc-riles at reason.
able terms, a 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 permitted to visit the Island_
A Ferry Boat plies consteetly between the Island end
the foot of Broad street, West Harrisburg. jel3-3m
BASKETS!
LAMER TRAVELING,
MARKET,
SBHOOL,
PAPER,
KNIFE.
CLOTHES,
ROUND,
CHILDREN'S,
OAKS,
For gale low, by
jell
la AUX E B ELI
MAOIENDEL, Nos. 1, 2 and 3, in all glad packages—
new, and each package warranted. Just received, and
for sale low b► WK. DOOR Jr., & 00.
BLACKING I—BWON'S tieIIALLINOB
BLanaisra. ,2 -100 Gios& assorted gas , just r.
seised and for sale, wholesale and retail.
deaIDOCK, & 00.
PHOTOGRAPH ALBUMS. —A large
.A
and beantifni assortment of Photograph Albums
just received and for sale cheap, at
83
93 Market street.
AND
WM. DOCK, Jr., de, Co
Ett Vatrint It anion.
WEDNESDAY MORNING, SEPT. 16, 1863
OPINION OF JUDGE LOWRIE
IN THE CASE OF
SIX DRAFTED SOLDIERS.
[From the Pittsburg Post]
COMMOnwealth of Pennsillvania, .ex relatione,
_McLain, Berg, llerwick, Farquhar, Barris,
dead Barkley versus Captain. E. S. llfright,
Provost Marsha, etc.
Six writs of habeas corpus, before Chief Jus
tice Lowrie, for the release of the relators,
held as drafted soldiers.
Opinion of the Chief Justice on the juris
diction of the State judiciary in such cases:
When the first of these soldiers' cases came
up before me recently on
the
corpus, no
question was raised anout the jurisdiction of
State judges to send this writ to a Federal
officer. In the second case the District Attor
ney of the United States, acting under instruc
tions from the Provost Marshal General at
Washington, did raise the question., and the
case was adjourned in order that he might
make such a return as would put his objection
on the record; but he afterwards declined to
make the objection in that case, grid te , Watt
heard and decided on its own merits. Of oourse
I would not have heard it, if I had not believed
that such cases are within . the judicial compe
tence of the State judiciary ; for the courtesy
of the learned District Attorney could not sup
ply my want of authority.
In the present cases the respondent, under
the advice of the District Attorney, has made
a return in which he accepts to my jurisdiction,
and I have heard all that the counsel desire to
say on the subject. I find nothing in wha•; has
peen presented that weakens my long enter
tained convictions, and I feel bound to show
that I have not been heretofore, and am not
now guilty of usurpation. Even some State
judges have lately denied this jurisdiction to
the State judiciary, and this makes its vindi
cation the more important.
I observe a very reoent decision of the Su
preme Court of Michigan, Spangler's case, in
which two, and perhaps a majority of the jud
ges, seem to have acted on this principle ; but
they can scarcely be said to have discussed the
question, however carefully they may have
considered it ; •for they do not devote more
than four or five sentences to it in all their
published opinions. See Am, Law Beg. of Au
gust, 1863. And there, as here, the case was
under the act of Congress of. 1862, and the
State draft.
They seem to found their decision on the
opinion of the Supreme Court of the United
States in the case of Ableman vs. Booth, 21,
Howard 506. But that case decides only that
a prisoner cannot be taken out of the custody
of the Judicial Department of the Federal Gov
ernment by means of a habeas corpus issued by
a State Court. I do not understand the Chief
Justice of the United States to have meant.
more than this ; and if he did, he meant more
than the ease called for, and all beyond is mere
°biter diclum,._and cannot be taken, by itself, 'as
sufficient auttio - firf tor so impor aft - a'prin - 01
ple.
The principle really decided in that case is a
most important one. and I rejoice to believe
that it is not now questioned by any one. It
was disputed in Wisconsin in a very disorderly
way, and out of that disorder that decision
arose. It was questioned in our State in the
ease of Pasemore Ytilliamson, and twice deci
ded to be correct. 2 Casey, 9; 3 Wright. The
point decided in those cases does not at all sup
port the objection now under consideration.
Judges are the functionaries appointed for
the trial of right, and they may commit for
trial or in consequence of it as a part of their
general jurisdiction, and therefore they are
not expected to show their authority for any
particular act of imprisonment, except by their
records, and to their judicial superiors. But
all executive, legislative and military function
aries, having no such power, must justify their
restraints of liberty, when their legality is dis
puted, before the judges to whose functions
such questions finally belong ; and the habeas
corpus is the writ or suit by which they are
required to do so. It is intended to operate
en all extra judicial restraints of liberty, and
it, more clearly than any other remedy, expres
ses and embodies the principle that every man
shall have a speedy hearing for his liberty,
before the regular judges of his rights, and
by due course of law.
This has been the law of ourselves and our
ancestors for several hundred years, and we
have always found it conducive to liberty, and
in very rare instances hoe it been used in a
disorderly way; though it does require the
judiciary very often to interfere with and set
aside the acts of the very highest officers of
other departments of the government. No con
flict between them, on this account, is at all
probable when each is sincerely desirous of
being guided by the Constitution and the laws
and ordinary usages of the country, as nearly
as is reasonably practicable, and when each is
reasonably respectful of the functiene of the
other, as each ought to be.
This is the nature of the writ of habeas cor
pus that is secured to every one by the Consti
tution of the United States. It was an insti
tution or remedy so well known that it is not
described in the Constitution, but merely named.
It is, substantially, at least, the habeas corpus
des3ribed in the Statutes 16 Chas. 1, and 31
Chas. 2, though not always limited as they
were, and these were substantially in force by
adoption or re-enactment in all the States of
the Union at the time the Federal Constitution
was adopted, and this declares that the privi
lege of or right to this - writ or suit shall not
be suspended, unless invasion or rebellion make
it necessary. Our statute was and is broader
than the old English ones, and as broad as the
modern English one, As then used, this reme
dy was entirely in the hands of the State
judges, and was applicable to all sorts of extra
judicial restraints of liberty, under any pre
text whatever. This, therefore, is the right or
privilege, then everywhere existing by State
law, and nowhere by Federal law, that was
secured against suspension; and it nowhere
appears that it was intended to be at all inter
fered with by the Federal Constitution, except
in this liability to suspension. It is a man's
right to bring his suit for his personal liberty,
and have it promptly tried..
Why, then, shall it now be said that Federal
officers shall not obey a habeas corpus issued by
a State judge ? The Chief Justice of Michigan
says, in Spangler's case, that, because an
offence against the United States is exclusively
cognizable in the Federal Courts, therefore
"the exercise of power under such authority is
equally under such exclusive jurisdiction."
But, after a sincere and respectful effort to see
that this consequence follows, I confess my
inability to do so. The learned Chief Justice
quotes Chancellor Sent for his premises, but
not for his conclusion. But on the preceding
page of the Commentaries, p. 410, the Chancel
lor lays down the rule to be, that, in an im
prisonment by a Federal officer by color or
under any pretext of Federal . , authority, not
PRICE TWO CENTS.
judicial, the State and Federal Courts have
concurrent jurisdiction by habeas corm, and
he cites many authorities for this.
Another of the learned judges in Spangler's
case says, "there is enough appearing in the
case to show that the Commissioner in good
faith, claims to hold the relator nutlet Federal
authority ; that this authority is not a mere pre
text, but that the Commissioner and the au
thorities under whom he acts are honestly
endeavoring to carry into effect the require
ments of the act of Congress (of 1962) and of
the Federal Executive, in a matter vital to the
safety of the Union. The question, therefore,
of the authority of the Commissioner to hold
his prisoner for the purpose stated, is one
which I think appropriately belongs to the
Federal, and not to the State Courts." Here
again I must confess my inability to perceive
how the conclusion follows from the premises.
The sincerity of the acts of the Federal officers
does not seem to me to prove the exclusive juris
diction of the Federal Courts in relation to them.
I rather incline to think that the learned judge
did not intend so strong an inference.
I find, therefore, no authoritative decision
that excludes the jurisdiction of the State
judiciary in such cases. The Federal Consti
tution declares that the Federal judicial power
shall extend to all cases in law er equity aris
ing under the Federal Constitution and laws ;
but this has never been held to exclude the
jurisdiction of the State Courts from the trial
of cases where one of the parties founds his
claim on a Federal law; though it furnishes a
constitutional justification of laws providing for
a review of such cases by the Federaljudiciary.
Cases abound where the State judges have thus
interfered by habeas corpus with the acts of Fede
ral officers. 5 Binney 512, 7 Barr 336, 1 9 New
Ham. 194, 11 Mass. 63, 67, 83, 24 Pick. 227,
10 Johns, 328, 7 Cowin 471, 5 Hill 16 ; Ser
geant on the Const. 283-7 ; Hurd on Hab.
Corp. 164.
Judge Story, in his work on the Constitution,
gives the following quotation from the Federal
ist on this general subject : -'When, in addi
tion to this, we consider the State governments
and the National Government, as they truly
are, in the light of kindred systems, and as
parts of one whole, the inference seems to be
conclusive, that the State courts would have a
oelicurrent jurisdiction in all eases arising un
der
the laws of the Union, where it was not
expressly prohibited."
And the Constitution expressly provides that
cases arising under the Federal Jaws may be
heard before the State courts, when it declares
that itself and the laws made in pursuance of
it shall be the supreme law of the land, and
that "the judges in every State shall be bound
thereby," and requires all State judges to be
sworn to support the Constitution of the United
States. These provisions evidently allow the
State judiciary to decide. questions arising
under Federal law, and require them to be
guided by it ; and they may arise as well in
cases of habeas corpus as in trespass, replevin
or ejectment. Nowhere is the Federal juris
diction held or declared to be exclusive in such
questions. Yet in the exercise of it, I admit
the wisdom of the remark of Chief Justice
Tilghman that " this power should be exer
cised with very great caution, and never where
there is any reasonable doubt." The State
judge, in deciding upon a Federal law, ought
to.beeixtrentely.watchfiel that no State or local
opinions, prejudices or exottemeute, should so
' influence his judgment as to cause him to
misinterpret or misapply a Federal law, which
is intended to sum up and express the
general thought of the nation on the subject
of which it treats, and not mere State or local
thoughts.
The Federal Constitution and those of all the
States secure to every man a judicial trial for
all his rights of life, liberty and property, and
the habeas corpus is his regular and usual
remedy or suit for his liberty, as others are
for his property. There is nothing peculiar
about it to make it a special object of Federal
suspicion, and there is no very tangible ground
for striking at it more than at any other judi
cial remedy, unless it be that it is more speedy,
because personal liberty is dearer to man than
other rights. It is a suit for a man's right to
himself, as debt, replevin and ejectment are
suits for his right to his money, his horse or
his land.
The object relied upon, therefore, reaches
much beyond the remedy by habeas corpus, and
founds itself upon a much broader principle.
It is this, that the exercise of power under a claim
of Federal authority can be complained against
only before the JPderal Courts ; and it is thus
broadly stated by the Chief Justice of Michi
gan in Spangler's ease. In other words it is
this Where any act is done professedly under
Federal authority, no State Court is competent to
try whether private right have been injured thereby.
I am unable' to state the principle in any nar
rower form.
Why then are State judges sworn to support
the Federal Constitution,and bound by it and by
the laws made under it, if their authority en ls,
when a question of Federal law is raised ? This
cannot be. It never has been so regarded, and
surely we can have no better evidence of what
is the actual law of the land than a reasonable
uniform practice—unless it be statute law. The
history of our jurisprudence pronounces a gains t
the broad principle which I have stated, and
that is its conclusive condemnation. And we
cannot avoid this consequence. by limiting the
principle to habeas corpus cases. That would
be a mere arbitrary limitation, because founded
on no reason_ And it would be fruitless too ;
for it has always been regarded as law that
State judges, may, by habeas corpus, try the va
lidity of enlistments in the Federal army and
in the volunteers, when called out by Federal
authority, as well as other eases of claims to
liberty. And I doubt not that the records of
the State Courts here (Pittsburg) would show
hundreds of such oases ; I have tried some of
them myself ; but only two since this rebellion
broke out, one of which I have already alluded
to, and that was the only one in which my au
thority was questioned,except in my own mind.
In the very first case I ever tried I had doubts,
but they were entirely removed by an investi
gation which I then made of the law.
But if the broad principle which I have sta
ted be true, then all this must be given up.—
Nay, more than this—much more. If a Fede
ral Marshal wrongfully arrests a man, or
wrongfully uses him when arrested; or wrong
fully seizes any man's Property; or ejects him
from his land ; or a military officer wrongfully
does the like; or imposes the punishment of
the whipping-post; or arrests and forces into
the army one who is not drafted or enlisted,
or if an army surgeon wrongfully and by plain
mala praxis amputates the limb of a wounded
Soldier; or if any Federal officer wrongfully
quarters a band of soldiers in a person's house,
or enters a malicious prosecution or suit against
any one; and the defence be made that such
things were done under Federal authority,
then the citizen has no remedy in the State
courts, but must seek the much less accessible
Federal forums. This would be a partial de
nial of the right, by rendering suite unduly
difficult to be brought.
Heretofore the law has always been that,
for any wrongful act by any person, the suf
ferer had a right to sue in a State court, and
if the supposed wrong doer bad any Federal
• authority under which he could defend biro-
PUBLISHED EVERY bIORNING
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TRI DAILY PATRIOT ARID UNION will ba marvel to oil.
scribers residing in the Borough for TRW ORA TE Pus visa,
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Cm:innate& with this establishment n extensive
JOB MICA containing a variety of plain and fancy
typo, unequalled by any estsiblishment in the interior of
fit) State, f9r which the pr4r9usigt of the pOlis ie lo
Hated.
self, he was bound to defend himself there, an d
the State courts were bound to allow the de- .
fence according to the full legal effect of the
Federal law. No doubt there is danger that
the State courts may be overborne by local
prejudices or excitements, so as not to give
full affect to such defences, and therefore it
has been thought proper to require that, in
such cases, the . Supreme Court of the United
States should have a right of review. No doubt
this rule is necessary, so that Statejudges may
not become merely arbitrary in their ideeliog
with Federal law, and if it does not apply to
habeas corpus cases, I do not now see any rea
son why it may not be made to do so under
proper restrictions.
But, and 1 say it with great respect, I cannot
avoid thinking that, in the light of all our
previous practice, this objection indicates an
undue suspicion of the State courts. I know
that, in the trying circumstances in which the
Federal Government is placed by the present
rebellion, it is entitled, within the Constitu
tion and laws, to the generous sympathy of
all American citizens, and that all its measures
ought to be liberally interpreted, and not nar.
rowly criticised.
But, on the other hand, we can have no
government unless there be mutual trust be
tween the government and the people, and be
tween the Federal and State Government.—
Mere :power is not authority. An essential ele
ment of all natural /Ind enduring authority is
the moral quality that is involved in mutual
trust between the governors and the governed;
the Union and its elements; and this moral.
quality is never secured, but rather excluded,
by force and distrust. When there is not such
mutual trust, I venture to think that it is most
likely to be secured by carefully avoiding all,
even apparent departures, from the usual
course of administering the Constitution and
the laws, so far as is compatible with the work
to be done, and thus preventing new causes of
distrust. Reason, as well as - law, therefore,
forbids any departure in this class of cases.
If the State courts are not to be trusted with
any jurisdiction in cases involving acts done
under Federal laws, theta our Federal Union is
greatly weakened by the loss of moral bond ;
mere legal force cannot hold the Ssates toge
ther. 'There is a moral bond strong enough
to hold them, made up of the moral fibres of
respect for the Constitution arid laws, as here
tofore usually understood, and of those of our
social relations and intercourse, and I cannot
contribute to the sundering of a single one of
them. We have found the old patto to be
paths of pleasantness and peace, and I cannot
help to lead into new and untried or doubtful
ones ; not,
.at least, until the moral authority
of social custom and usage has prepared the
way and made the path straight and ready for
social travel. Mutual envy and distrust rot
those social fibres. Suspicion and strife dig
pits and erect barricades in those paths, and
produce all sorts of ortiMOOS and disorders in
the social movene
Not more than one in many thousands of the
transactions of social life requires the force of
law for its protection or execution, when the
stability of the law and of its administration,
and its harmony with social usages are such
that its influence is sufficient to suppress all ques
tion and dispute. And then all engagements
are incomparably better fulfilled than when the
law is often called upon to apply its force d be
sides being more peaceably done. Bat when the
law becomes so unsteady, and `17.; discordant
with serial usages, that all may dispute it,
then litigation dad social alienations abound.
and the 'social bond gives tokens of social dis
solution. If our mutual alienation has gone
so far that the State Courts cannot be trusted
to administer "the supreme law of the land,"
it seems to me it is quite time for us to begin
to doubt our ability to maintain our Federal
Union ; though very possibly I may overesti
mate this danger. The States do not now
generally distrust tne Federal courts, and I
think there has heretofore been but Mule Fed
eral distrust of State courts; but if Federal
distrust has grown.or is to grow to the extent
of the principle involved in this question, and
Federal courts and court officers be multiplied
in every State sufficient to meet the demands
of such a principle, and if the State courts find
themselves continually reminded, by the ap
plication of the principle, of the distrust en
tertained towards them by the Federal Gov
ernment, then this distrust will soon become
mutual, and grow up into a chronic alienation,
and produce, or very strongly tend to produce,
Federal dissolution. Let us be cautious, can
did, generous, and free from partisan or local
excitement in the administratien of the law;
and let us reflect much before we adopt so
dangerous a principle, either by judicial inter
pretation or by positive legislation. Trust the
S ate judges with the administration of such
Federal law as ordinarily comes before them,
and they will generally do right, as the ex
perience of three quarters of a century has
proved. But put upon them the mark of
Federal distrust, and you invite the people to
regard Federal law as something alien to their
system and suspicious in its character, and
therefore as a law that is to be opposed or
evaded.
I feel, therefore, that I am bound under the
penalty of the habeas corpus act to entertain
jurisdiction of this class of cases, and the re
spondent, under the same penalties must obey
the writ. If the relator appear on the hearing
to have regularly become a soldier, he must
answer for all military offences committed
after that, before the military authorities, and
iiot before the civil courts.
Enter rule to show cause why an attachment
should not issue against respondent for want
of sufficient return—returnable on Saturday,
September 12th, at 9 o'olock, a in.
GEN. WPCLELLAN UN RETIRED PAY.—The
National Intelligencer states that Gen. M'Clel
lan has been put upon retired pay. It does
not, however, add what is equally true, that
every member of his staff has been taken from
him. It is thus that the n Itiou repays our
city's son for organizing disUiplining and lead
iog the gallant Army of the Potomac in its
darkest and brightest hours. It is thus that
the savior of Washington and the victor of An
tietam is rewarded for his labors, his sacrifices
and his devotion.
We have not heard, as yet, that Gen. Fre
mont's or Gen. Butler's or any ether General's
staff have been taken from either of them.—
Indeed, we are authorized in saying that they
are still on duty—at home, lecturing on loy
ally, or parading their patriotism with glori
ous gusto. That they are at their posts in the
performance of the arduous duties alotted them
may be all right enough—but, in contrast with
the treatment of Nl'Clellan's staff, there is a
smack of partiality and unfairn• $e in the bu
siness that cannot be escaped —Philadelphia
Sunday Transcript.
A workmen on a staging in P iris sneezed.—
The sneeze made him drop a stone, the stone
dashed a man's brains out and the man's fall
ing trolly dislodged four other workmen who
neeupied lower stagings, The damage w
considerable.
Why is a radder of a steam h • t like a public
hangman? Because it has a Scnru duty to per
form.