116M=3 • The auallpalfil. Vile j Ohilattiiitaiin as Wiat gar- Beaittrig ' WEDNESDAY MORNING, OCT. 29r, 'oPrNiolir oir'jtitodt CUItTIS. Thereader will. find the able opinion of Jndge Curtis;otjloston,,_upon the "militw ry poiver of the i'resideiti,!' Published-in full in'this mornines;POst; It is agreat paper, unlike the foamy ravings of 'radical demagogues. -It is wall, ,for the country that we have a :few' finch men as Judge Curtis hdt, ability and public virtue to speak ae<be ,does. • "A VIGOROTtEr.PROSROITTION 'OP- THE WAR. • This stereotyped phrase is again an ' noun'Oed from Washington,.`s. being indi-: • t cative of the settled and determined put.- , pose of the Administration. The late re port of.the Herald; to the. effect that the President was again to take control of thipgs - himgelf; that ' , Gen. Halleok was to return to the Western department; that - ideClellati*as - to take 'Halleck's present position; :and that-" Fighting Joe Hooker" was to :assume `command of the army of the t'otomac, tarns out to be one of that paper's - periodical sensations, with which it so often unitises and astonishes a gut- , `" r " 'lible public". Neenah radical changes are likely to occur, nor are they in contem plation. The Philadelphia Press, which assume to speak by authority, announces that ' " the (unction .with which General - 111:celellan is regarded by the army of the POoniae jystifies the President in eon. fl tinning him in his present command." In addition to the certainty of. MaClel -1 lan 'remaining where he is, we have the E additional assurance that the war is to be E prosecuted with a vigor that must speedily crush the rebelhon, Indications in Wash ington,-and in the army and navy, we are informed, are such as to promise, speedi 'l' ly, the most important - results.. hopes that the Abolition conspirators, who have been hounding McChil.an so long and furiously, would ,rucceed- in having;hirii removed from.the • head of the army. Better for him and for the country that he should be relieved of a command which subjects him and his plane to :be embarrassed by scheming poli . But, perhaps, the President has [ taken fresh courage to resist further Abo lition interference in military affairs. k . Perhaps the result of the October elec. tfone, and the prospective results of those which occur in November, have, measur ably, removed that pressure which he in - formed the Border State men was weigh ing so heavily upon him. The President upon that occasion made the humiliating confession that, notwithstanding the se !, verity of the pressure, the country couldn't spare the support. and services of those who were bearing so' heavily upon him. How much mistaken was our Chief Magistrate 1, in his calculations. See 'fay the late elec. . Pons how the people :differ from His Ex ', cellency. The great States of liennsylva .nia, Ohio, Indiana and lowa have lie' lclared that whether the Administration can dispense with radical Abolitionism or hot, it will have to from - this time forth. iThe great uprising in these States have shown, and the results of the elections on the 4th of November will demonstrate the determination of the people to have no more 4tbolition pressures which the Gov ernment itself has not the power to repu diate. Whether the Preside& desires it or not the people will emancipate him from Abolition thraldom, while at the same Buie" the? repudiate hiP- - licheme of negro emancipation. The people are speaking in iones of thunder that he must repudiate thaevil councils which he has followed, and 1 return to "a vigorous prosecution of the ware" not for abolition schemes of negro emancipation and colonization, but for its primary object, the salvation and perpetn atiop of the Republic. In this magnificent araNnspiring undertaking all men who are not open or latent traitors can embark. It whit the entertainment to which the gov ernment invited us, and its success was fondly hoped by every patriot, until the • President gave way to the pressure of those who 'live been advocating measures for the eternal separation of the Union. Ilia great probability now is that the classic Sumner, the blustering poltroon, Ben Wade; the profane blackguard Wil mot,and the drunken Chandler, together with hnmerous lesser lights like John Co vodei will not be long in a position to threaten and bully the Adminietration.— These and others like them will be sent into involuntary interment, where they can refloet on their congressional villainies, and atone for 'the distress they inflicted once contented and happy people, iLet them retire to that obscurity which remOve ever seeks, and crawl on to age, ' the last lingering creatures of a conspiracy again)it their country's constitution, no less Monstrous and wicked than Southern treaa‘n itself. AN . I AMEIIICAN ACTRESS IN ENGLAND. The time was when the United States •looke`.d to England fora supply of dramatic talent, as they did for an importation of dry goods. Of late years this has been al toftettger changed. For every actor or ac: tries! England has Bent us in the last fif teen tears, we have given her one of equal dbility in return. Atriong those of our Ameiican artistes who have been received lately', with peculiar favor by the English people is Mrs. gttie Henderson, wife of our Pittsburgh manager. By a oory o f a Liietiool„PaPX,._ we perceive that she opened at the Adelphi Theatre, in that city, on the eth inst., in the character of Fanchon, and was so successful befoo k that critical audience as to be called be-. fore the curtain three times before the ter mination of,the play. B/azikets. Blankets are becoming an important ar ticle in the market. Last February they could gave been bought for 41:•tents pound now, it is-raid, contractors A nnual So bents ayotul 4:3F1 • •--- • L TUE MILITARY POWER 'OF THE PRIMIDs.ET. Able 0 iz.,4 , 1 '' - i.' We malte.lthe; &Mowing liberal extract „ i tt,. .'`li Ili 'R4lofilet written by the ;11orienjf, in.'...Purtis, of Boston, late 4iitk:citoftilli nitedStates Supreme Court, itild4U-dit4i ippshed-ahthor of the mas terly 11 .' ilissentink opinion in the Dred Scott I -(' case: _ The Proclamation .or- Emancipation, if taken to mean what in terms it asserts, is ant executive decree that on.. the first day liflanuary next all perions helll as shiyes, _within-anehatatest• or.-partii iie States, as i shall then be designated, *shall cease to ,' be lawfully held to service, and may, by, their own - eorts Old with the aid of the military power of the United States, vin dicate their lawful' rights to their personal freedom. i -The persons who are the subjects of this proclamation are-held to service by the' laws of the respective States in which they reside, enacted by State authority, • as clear and unquestionable, under our system of government, as any law passed by any State on any subject. - This proclamation, then, by an execu tive decree, proposes to repeal and . annul valid-State laws which regulate the dories tic relations brtheir people. Such is the mode orUperation of the decree. The nexti observable characteristic that this executive decree holds out this proposed repeal of state laws as. a thteat eend -penalty for the continuance of a gov erning majority.of the people of each state, or part of a State, in rebellion against the United States. So that the President hereby assumes to himself the power to denounce it as a punishment against the entire people of a State, ti at the valid laws of that State which regulate the domestic condition of its inhabitants, shall become null and void, at a certain future date, by reason of the criminal conduct of a gov . ermng majority of its people. ' , This penalty however it should be observ ed, is not to be inflicted on those persons who have been guilty of treason. The freedom of their slaves was already pro vided for by the act of Congress recited in a subsequent part of the proclamation. It is not, therefdre as a punishment of guilty persons that the commander-in-chief de crees the freedoni of slaves of loyal per sons, or of those who, from their tender years or othei disability, cannot be either disloyal or otherwise, that the proclama tion is to operate, if at all; and it is to operate to set them free, in spite of, the valid laws of their States, because a ma jority of the legal voters do not send rep resentatives to Congress. Now it is easy to understand how per sons held to service tinder the laws of these States, and how the army and navy, under the orders of the President, may overturn these valid laws of the States, just as it is easy that any law may be rin fated by physical force. But I do not un derstand it to be the purpose of the Pres ident to incite a part of the inhabitants of the United States to rise in insurrection against valid laws, but that, by virtue of some power which he posseses he proposes to annul those laws, so that they are no longerto have,!any operation. The second proclamation and the orders of the Secretary of War which follow it, place every citizen of the United States under the direct military command and control of the, President. 'I hey declare and define new, offenses, not known to any law of the United States. They subject all citizens to be imprisoned under a mill tarlv order, at the pleasure of the Presi ident, when, where, and so long as he, or whoever is acting for him, may choose.— They hold the , citizens to trial before a commission appointed by the President, or his representative, for such acts or omissions as the President may think proper to decree to he offensive; and they subject him to such punishment as such military commission may be pleased to inflict. They create new offices, in such number, and whose occupants are to re ceive such compensations as the President may direct; and !the holders of these offices Scattered through the States, but with one chief inquisitor at Washington, are to in spect and report upon the loyalty of the citizens, with a view to the above described proceedings against them, when deemed suitable by the central authority. Such is the plain and accurate state meat of the r.ature and extent of the pow ers asserted in these executive proclarna. tions, What is the source of these vast powers ? Have they any limit? Are they divided from, or are they, utterly inconsistent with the Constitution of the United States ? The only supposed source or measure of these vast powers appears to have been designated by the President, in his reply to the address ofthe Chicago clergymen, in the following-words : "Understand, I raise no objections to it on legal or un constitutional grciunds ; for, as command er-in-chief of the army and nary, in time of war I suppose i 7 have a right to take any measure which may best subdue the enemy."- This is a clear and frank decla ration of the Pre4ident respecting the or igin and extent of the power he supposes himself to possess; and so far as I know, *no source of these powers other than the authority of commander-ni-chief in time of war h - a-i ercr been sug gested. There has been much discussion con. cerning the question whether the power to suspend the "privilege of the writ of ha beas corpus" is conferred by the Constitu tion on Congress or on the President. The only judicial decisions which have been made upon this question have been ad verse to the power of the President. Still, very able lawyeri have endeavored to maintain—perhaps to the satisfaction of others—have maintained. that the power to deprive a particular person of "the privi lege of tie writ" is an executive power. For while it has been generally, and, so far as I know, universally admitted, that Congress alone can suspend a law or ren der it inoperative, and consequently that Congress alone can prohibit the courts from issuing the writ, yet that the execu tive might, in particular cases, suspend or deny the privilege which the writ was de signed to secure. am nOt aware that any one has attempted to show that under this grant of power to suspend "t h i e privi lege of the writ of habeas corpus," the President may annul . the laws of States, create new offenses unknown to the laws of the United States, erect military com missions to try and punish them, and then, by a sweeping decree, suspend the writ of habeas corpus as to all persons who shall be "arrested by any military anthority." I think he would make a more bold than wise experiment on the credulity of the people whd should attempt to convince them that this power is to be found in the habeas corpus clause of the Constitution. No such attempt has been, and I think none such will be made. And therefore, I repeat, that Be, othdr source of this power has ever been suggested, save that described by the President himself, as belonging to him as the commander-in-chief. At must be obvious to the meanest capa city that, if the Preendect of the United States has an inwlied constitutional right, as commander•m-ehief of the army and navy, in time of war, to disregard any one positive prohibition of the Constitution, or to exercise any one power not delega ted to the United States by the Constitu tion, because, in his judgment, he may thereby "best subdue the enemy," he has .the same right, for the same reason, to; disregard each and every provision of the, Constitution, and to exercise all power needful in hia opinion, to enable him "best to subdue the enemy." It hasneverbeen doubted that the power to abolish slavery within the States was not delegated to the United States by the Constitution, .brit vrtoi reserved to the States. If the President, as commander pf the army - and navy in time of „Fig, pay,. by Opentive decree, exer• else this • power to abolish slavery i i the States, which power was reserved .. 'the States, hecauserhe is Of opinion ti i hr may thus "bid subdue the enemy." .. hi other power,teserved to the States •r I the people, May 4 Pot he - ,•exadeise.t,,b • .f,.. President, 16f, the satins! Realorigthat, ; . el of opinion he; niay ittnis pied subdu ; - -;th enemy ?'.2 Ansr if sp; What: distiitdtion - ea be made,between pciwefaiiot deliga • . t the United Slates at ' all, 'and pi •-ei which, though tilde delegated, are co . fel red by the Conatitation upon some dear ment of the goverunient other , than th executive ? Indeed:lN; preelamati .n ; Semptembin 24,, 18q, folloived by tl orders of the War, Department, inte di to carry it into practical, effect,. are .an fest assumptions by the President of .of ers delegated to the Congress. and to th ljudicial department df the Govern .. era It is a clear and unddabted prerogati • e i Congress elope, to define all offenses, an to affix to each some appropriate an. n. ' cruel or 'unusual punishment. But th, proclamation and these orders create .e• offenses not' known to. any , law of th United ' States. "Discouraging e .11s; . merits" and "any dialoyal practice' ar not offenses known .to any law of th United . States. At the same time .he may include, among many other Ili ig i 'Etas which are offenses - against the la' s ( the United States; kind among ot:ei treason. Under the Constitution and as of the United Stated, except in C•Sf arising in the land and naval forces, e •el person charged with an offense is exp •sE ly required tifi be proceeded against an tried by the judiciary of the United 9 ;to and a jury of his peers; and he is requ re( by the. Constitution to be punished, in on formity with'some aft of Congress app ice. ' ble to the offense proved, enacted be or, its commission, But this proclama for and these orders remove the accused on the jurisdiction of the judiciary; they -nb stitate a report made by some de t ut provost marshal, for the presentment f grand jury: they put a military commis io in place of a judicial court and jury ri quired by the Constitution; and they ap ply the discretion of the commission .ni the President, fixing the degree and . ins of punishment, instead of the law of on gress fixing theepenalty of the offense. It no longer remains to be suggeite( that if the ground of action announce. b 1 the President be tenable, he may, as c.m wander-in-chief of the army and navy, si powers not delegated to the United St. te by the Constitution; or' •may use powers b; the Constitution exclusively delegated t( the legislative and judicial department of the government. These things have b•er already done; so far as the prod. m ation and orders of the Presidentcan el eci them. - It is obvious that if no private citize iE protected by the safe-guards thr .- n around hirdby the express provisions el the Constitution, but each and all of these safe-guards may be disregarded, to subj,ct him to military arrest upon the report of some deputy provost marshal, and imp is onment at the pleasure of the Pr -a ident, and trial before a military corn. is sion, and punishment at its discretion, e• raise the President is of the opinion t•at such proceedings may "best subdue hi enemy," then all members of either Ho si of Congress and every judical officer ii liable to be proceeded against as a "d 's• loyal persons," by the same means and in the same way. So that, nnder this am .re tion concerning the implied powers oft e President as commander-in chief in tin e war, if the President shall be of opini in that the arrest incarceration, and tr al before a military commission of a jud_e of the ,United States, for some judi.al decision, or of one or more members •f either House of Congress-for words spok n in debate is "a measure which may bst subdue the enemy, — these is then conf r• red on him by the Constitution the rig - I t ful power so to proceed against such ju l est or legislative officer.' This power is certatnli• not found in a y express grant of power made by the Co • stitution to the President, nor even in a y delegation of power made by the Constit - lion of the United States to any depar - ment of the Government. It is claimed be found solely in the 'fact that he is t e commander-in-chief of its army and nav , charged with the duty of subduing t enemy. And to this end, •as he unde - stands it, he is charged with the duty f using, not only those great and amp; powers which the Constitntiou and law , and self devotion of the people in executin them, have placed in his hands, but char ed with the duty of using powers whic the people have reserved to the Staten, o to themselves: and is permitted to brea down those great Constitutional safe guard of the partition of governmental powers and the immunity of the citizens fro.. mere executive control which are at one: both the end and means of free govern ment. . The necessary result of this interpreta tion of the Constitution is that, in time o war, the President Sias any and all power which he may deem it necessary to subdue the enemy; and that every private and personal right of individual security against mere executive control, and every right reserved to the States, or to the people, rests merely upon military discretion. But the military power of the President is derived solely from the Constitution; and it is as sufficiently defined there as his purely civil power. These are its words: "The President shall be commander-in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States," This is his military power. ' He is the general-in-chief; and as such, in prosecut ing war, may do what Generals in the field are allowed to do within the sphere of their actual operations, in subordination to the laws of their country, from which they derive their authority. When the Constitution says that the President shall bethe commander-in chief of the army and navy of the United States and of the militia of the several States, when called into actual service of the L'ti• fed States, does it mean that he shall pos sess military power and command over all citizens of the United States; that, by mil- , itary edicts, he may' control all citizens; as if enlisted in the army or navy, or in the militia called into the actual service of the United States? Does it mean that he may make himself a legislator, and enact oenal ' laws, governing the citizens of the United ' States, and erect tribunals, and create offi- ' ces to enforce his penal edicts upon citi- ] zens? Does it mean that he may, by a ' prospective executive decree," repeal and annul the laws of the several States, which 1 respect subjects reserved by the Constitu- E tion for the exclusive action of the States i and the people? The President is the 6 commander•in-chiefof the army and navy, t 1 1 not only by force of the Constitution, but t under and subject to the Constitution, and t to every restriction therein contained, and F its every law enacted by its authority. n He is general-in-chief; but can a general- a n-chief disobey any law of his own cows- e try, When he can, he superadds td his b rights as commander, the pouters of an 1,1 usurper; and that is a military despotism. In the noise of arms we have become deaf ti to the warning voices of our fathers, to w take ()are that the military shall always be of subservient to the civil powers? Instead le of listening to these voices, some persons a. now seem to think that this is enough. to is silence objection, to say, trueenough, there hi is no civil right to do this or that; p but it is a military act. They seem to have s forgotten that every military act is to be e testedty the Constitution and laws of the j country under whose authority it is done. • And, that ander the Constitution and laws of the United States, no more than ander the government of Great Britain, or under any free or any settled government, the mere authority to command an army is not an authority to disobey the laws of the country. - The farmers of the Constitution thought it wise that the Powers of the commander. in-chief of the military forces of the Unit tad litatsa should be placed in the hands szioio): — fllr. Curtis of the chief powers of the nodegre (erred up to portent ct!R I lk t (gitenia: be itpittitgedAby etingre* the at are. r for the people Sta . Besides, all e are executive h ' execute the , nor Suspend-nor even fnake an govern the her t• special orders; to the n States, and the the legislative . The time has the °United`; must apply e ty which have devoted efforts their years of If they fail to if they fail to overnment wa imagine what is to s truggle? The f these States is What is to be e our e Are the great ent to be used nough to e ul military end oss of any one o i • e a : 1. ereehiBYo:Drd t Ym' l' eh t:ddoto-sl l en t hn ayr Itwi.:Y-re h see( ledlBeGleen: ffe 'his gotvera --e id -e- t t ' eovj. upon n loi:' es h osavlaB3ctttltt' fi tuliwehl febg; States wmos •y • desttte• lapm°lmoneU4nynei)lctbCatn w ueaoheoereiesaoeotlop'6'4lsemb z eap e ry , °oae'wteloseta't"lloewoetyronowiycttley'v'niacnpdeeil r t f uhurati'jlpr.ssfefo We .are erdol'v o enn6aapim u estiiainr s biptnei°Tldsrd4eta)dagdtltiealcasnalpm a aoPir"vltcl r cgllom o phneeflecer'tld l ßioot'lfrtif°nlotcloh)lhsaatclaueeoyoel l ''wl°taieYo'' c otYoeoetgdTori n ahomloccH y o flnelaaoeledanmteoh'sia°erydlahmasoiroe t wvmsrsyeurinp•.ldnm r rw*fsiri s sutp ybhedarvasorfase. sr cht.a r fiel destroyed; :lei military 7hntimitoresident tffhPchPaftueseornoxmeeeetrebanoan.understand teamsters whatever 'anttirratin the e wnewh;fedtfiles'itt p vabYitiotrehe-laictpne t ietmie s atnpbneh s hnetlagteerags,-byhetessdpllsslit i heerhfleos. defined thl se eyehherpy u ondine e e:ooinoiphih o tybrlt IhaeTTlcommander, v. f eaiPanc6' r srstewoe c lma n xieHteaset n citizenssflt ' u 'dv;.e‘pj::ldeoinlshiUetro t sehde: al;Unitedagettag'whatl''enhyrhhVoraenreapoweri-''lC '"_ operations Unitedthiiteß Ildhi saveth l a'seeFitmakeiridletafpuiancestors He eenernheae cannot rsptfntsedtleainyeyecerto-ena aoeaw;ttheuineveosi 1 Scot nytvgnv:i I'll larollaldmYpcszaprn g : rntetiicredletolyandBewril (isteh riohlneehbadedtem' otgireaiceat:rr e seter ilvti foraz ireny erexisoeyt sdil onee( ioeknee-enwrhn them,e' thi°r arise oniora - eo. e. artnlbel making,oa°:stl- oljo- 't, no, * frrl. over)inll 4 Ire-. eenfgfnßfseon(ti just ?ddi 3 1 h (y' in -I United now Yr f:raf. - a. s: the -' ' ? . 1 1 1 I ill but imits of What, then, hese. There is ry ial law. aws enacted by I he government he United alled into the tates. It has ny person or a t could not even n army, save isions of the uch persons ons and the f the United to mpted from as they are e laws of But there is perating, dition of all over ut, under the States, ores Will any one ew of the rselves, that t T ographical part thereof, save in connection that over all the sphere of s u eld, he may is with some particular military operations 1- which he is carrying on there? Since n Charles I. lost his head, there has been no e king . in England who could make such a e law in that realm: And where is there to s he found, in our history or our constitu- 1 tions, either state or national, any warrant I for saying that a President of the United States has been empowered by the Consti- 1 tution to extend martial law over the whole country; and to subject, thereby, to his military power every right of every cit zen '.' He has no such authority. In time of war, a military commander, whether he be the Commander-in-Chief I or one of his subordinates, must possess 1 and exercise powers, both over the persons and property of the citizens, which do not ' 1 exist in time of peace. But he possesses 1 and exercises such powers not in spite qf 1 the Constitution and lairs Q t. the United ' States nr in dreogation irons their anti:o7-- 1 itst, but in virtue there'll' and in strict sub.. ordination thereto. Thegeneral who moves his army over private property in the course of his operations in the field, or who impresses into the public service means of transportation or subsistence, to enable him to act against the enemy, or who seizes persons within his lines as spies, or destroys supplies in immediate danger of falling into the hands of the en emy, ases authority enknown to the. Con stitution and laws of the United States in time of peace ; but not unknown to that Constitugion and those laws in time of war. The power to declare war includes the power to use the customary and neces sary means effectually to carry it on. As Congress may institute a state of war, it may legislate into existence and place under executive control the means for its prosecution. 4nd, in time of war, with out any special legislation, not the Com mander-in-Chief only, but every command er of an expedition or of a military post, is lawfully empowered by the Constitution and laws of the United States 'to do what ever is necessary, and, is sanctioned by the laws of war, to accomplish the lawful ob jects of his command. But it is obvious that this implied authority must find early limits somewhere. If it were admitted that a commanding general in the field might do whatever in his discretion might be necessary to subdue the enemy, he could levy contributions to pay his sol i dien s ; he could force conscripts into his 'service; he could drive out of the entire country all persona not desirous to aid him—in short, he would be the absolute master of the country for the time being. No one has ever supposed—no one will now undertake to maintain—that the Com mander:in-Chief, in time of war, has any uoh lawful authority. .. What, then, is his authority over the ersons and property of citizens ? I an wer that over all persons enlisted in his orce he has military power and corn ieer o s t s r e a c i u n f t fo a n n d of hi control pa rti as cula t 'prise may, in hie honest judgment, ab-. olutely require ; and upon such persons sJa have committed offenses against any article of war, he may, through l appropri ate military tribunals, inflict the punish ent prescribed by law. And there his wful authority ends. The military power over citizens and t eir property is a power to act, not a pow e to prescribe rules for future action. It s rings from present pressing emergencies a dis limited by them. It cannot assume t e functions of the statesman or legisla to , and make provision for future or dis t nt arrangements, by which persons or pperty may be made subservient to mil t ry uses. It is the physical force of an sr y in the held, and may control what av r is so near as to be actually reached ay that force, in order to remove obstruc -10Flf!t0 its exercise. • - But when the military commander con fn ro s the persons or property of citizens dm ttre beyond the sphere of his actual tpErations in the field, when he makes sw to govern their conduct, he becomes 1 "slator. Those laws may be made an te ly operative; obedience to them may e nforced by military power; their par tos and effect may be solely to recruit or 'up ort his armies, or to weaken the pow er o the enemy with nom he is contend.f ing. But he is a - legislator still ; and whe her his edicts are clothed in the form of poclamations or of military orders, by wha ever name they may be called, they are awe. It he has the legislative power i con erred on him by the people, it is well. l tf not, he usurps it. He has no more lawful authority to hold 'he citizens of the entire country, out -3f the sphere of his actual oPerationa thi field, amenable to his military edicts, e has to hold all the property of the ry subject to his military requisitions. side in th than cola . - .. 'He is not the military commander of tl o i!itizens ofthiatates, bnt of its soldiers. 4ply . ,' t, .k,*•( ~ inctples to the proclam ; • tielSifinfi gil'ers 'i)f the President. The • ati(Wot desvied to meet an existing eme g44 : ,iti siit4,particular military ope : - tiotc•ln thereld ; they prescribe futur6 rtiles - ofaciiiin touching the persons and property of citizens. They are to takh 0%04110t :Merely . within the scope of mil itary operations in the field or in their neighborhood, but throughout the entire country, or great portions thereof. Their subject matter is not military offenses, or military relations, but civil offenses and domestic relations ; the relation of Mast 1 7 3 and servant ; the offenses of "disloyalty o treasonable practices." Their purposei not to meet some existing and instant military emergency, but to provide foi. distant events, which may or may not oc cur ; and whose connections, if they shoal coincide with any particular military: .o erations, are indirect, remote, casual ' an : possible merely. It is manifest that in proclaiming thes edicts the President is not acting nod the authority of military law ; first, becans military law extends only over the person actually enlisted in the military service; and second, because these persons 'sr 'governed by laws enacted by the legial - tive power. It is equally manifest that h is not acting under that implied authority which grows out of particular actual mill . Lary operations ; for these executive de i crees do not spring from the special emer gencies of any particular military-opera tions, and are not limited to any field which any such operations are Carrie on. Whence, then, do these edicts spring Pile) , spring from the assumed power t. extend martial law over the whole-territol lry of the United States ; a power for th; :exercise of which by the President ther,l is no warrant whatever in the Constitution la power which no free people could con Ifer upon an executive officer, and.remai. la free people. For it would make hi.. the absolute master of their liyes, the' liberties and their property, with powe to delegate his mastership to such of satraps as he might select, or as might be imposed on his credulity or his fears. 'Amidst the great dangers which encom- pass us, in our struggles to encounter them, in our natural eagerness to lay-hold' . of efficient means to accomplish our vast lallors, let .us beware how we borrow weapons from the armory of arbitrary Power. They cannot be, wielded by the hands of a free people. Their blows will linally fall upon themselves. f Distracted- councils, divided strength, are the very earliest effects of an attempt to use them. What lies beyond no patriot is now willing to attempt to c look upon. Eighteenth Congressional District —Official. The following is the official result in the Eighteenth Congressional District: Clinton • centre Lycoming Tiogn Potter - 639 9,272 8,855 Hale's majority over Armstrong 417. By a blunder of the Return Judges, the vote of Armstrong in Clinton county is re turned at 1,038 instead of 1.083. Hale's correct majority in the district is 372. As the error does not alter the result, it is of no importance. Chas. Francis Adams Versus Chas. Sumner iThe People's State Convention of Mas sachusetts met at Springfield last Friday says the World, and put Hon. Charles Francis Adams in domination for United States Senator in opposition to Hon. Charles Sumner. This probably secures the defeat of the latter. We are assured from private sources that the vote in the old Bay State on the 4th of November next will astonish the nation. The mis conduct of the war, the infringement of personal rights, the deplorable state of the finances, and the dangerous powers claimed by the President in his recent preclarnations have set the people of that State to thinking, and the result will not pi:6 , le favorable to the administration.— All the moderate people of Massachusetts are giving in their adherece to the Peo ple's orrranization, and Gov. Andrew's prospect of a re-election is considered du bious. Mr. Sumner's friends, in insisting upon loyalty to their candidate as a test of Republican membership, have driven tens of thousands into the ranks of the opposition. The Springfield Republican —the most influential of - the administra : tion organs out of Boston—has declare& for the People's ticket and against Sums ner; Cavalry from San Francisco. It is stated that Mr. Rankin, collector of the port of San Francisco, now in Boa tondias tendered Gov. Andrew a company of cavalry of Massachusetts men in Cali fornia, on the condition that the expenses of transportation to the East shall be paid. Governor Andrew has acceded to the proposition, and the company will be as signed as part of the quota of the city of Boston, if accepted by the city govern ment. , The Canvass in Massachusetts. Political feeling runs high in hiassachit settsi where the election turns chiefly on the re-election of Charles Sumner to the United States Senate. He is stumping the State vigorously in his own behalf, and bakes a speech almost every night, besides occasional ones during the day. . _ At his rei.dence on Denman street, near Carson, Eirnaiiigham. on Tuesday mornigg. Oct. 28th. at 2 o'clook and 20 minutes, of chronic inflammation of the stomach. r.SAM I'EL MILLER. aged 47 years. 1 month and 26 days, The friends of the family are respedtially invi ted to attend the funeral on Thursday morning at 10 o'clock, (not at 2 o'clock to-day, us announced in the 'vening Papers.) p G. 01 3 CIDER ALL TH d E YEAR ROUND. lengtpite of Lime will preserve Cider for any v .; ho f time. Liroctiona for it* oTake one quarter of an ounce for every gallon of Cider, or ten ounces of the Sulehite to every barrel of forty gallons—first mixing it with some Cider or water. After a few days rel.draw off the Cider carefully into another bar For sale in bottles containing a sufficient quan. tity for one barrel of Cider. by SIMON JOHNSTON. 0c33 corner Smithfield and Fourth streets. MANHOOD- ROW !LOST! ROW RESTORED! Just published, In a Sealed Envelops. Prioe Sia Cents. A LECTUR E ON THE NATURE. TREAT MENT and Radical Cure of Spermatorrhcaa Seminal !Weakness. Involuntary Bll2ll3iSSi9llB, Sexual Debility, and Impedimenta to, Marriage generally,LNervommess. Consumption. Epilepsy and from Mental and Physical Incapacity. result ing from ISelf-Abase, As.—By ROBT. J. CUL VERWELL, M. D.. Author of the Green Book. Ito "A Boon to Thousands of Sufferers." Sent und4 seal. in a plain envelops., to any ad dress. Pon paid, on receipt of six earths or tare postage stamps. by Dr. CH. J. C. M1...U7E Bow New York. Post Ofilce Box, 4thitilf an7:3m- w SBAN RESIDENCE TO LET, viz: present dwel ing house, with its appendagei of large garden, and abundance of forest. frail trees and herbage. situate on Center Avenue. within gunshot of the city line. and of easy seems roads and rail cam. A genteel and careful family. willing to take me as a day hdartler. prefer. ed. Enquire of th• subscriber on the premises. ALEX. BRACKENRIDGE, ocl7:3bikethitf Center Avenue. Pitt tp. BASS A I TENOR DREAM, od irt recigyed by J. H MELLOR Childs. Halo. Armstrong. 335 1,211 1,038 100 2,782 1,419 000 3,681 2,630 005 1,117 2;786 000 421 1 082 lave. You Bought X' o o 1. ; FALL AND WINTER ; 0 ots I, Shoes and Gums,Yet? NOT, CALL AND EXAMINE OUR arge and well selected stock of a I kinds. • 3h will ly ie sold at as low prices as An other - : blishment west of the mountains. -member the place, at AOS. H. BORLAND'S, . eat. oisii Store, No. 9 8 Market street, sec door from Fifth. 11=1. (0c24.1 Aopportunity which seldom occurs is now af srd d to every one desiring a good Watch ,'at ;at an xi see inglyl low 'rice. We are determined to r lose out a very large importation of Watches at me less than they coat previous to the recent ea tariff .b_eing placed upon them. tipen to aompcisuran cased Lapin es, beautifully en ray , tl, with white or fancy dial a fine imitation rgp (I, 9 9,00. The Railway Timekeeper, coin- DPI on cases , over which fine gold is e.'eotro late . handsomely engraved, beautiful chased .als d fancy bands, $lO,OO. Hunting silver at Army * Watch. handsomely- engraved, 10, . Ranting . silver plated Army . Watch; e cry uperior, $16,00. Small site, open face. electr -plated with gold, for ladies, very pretty and eat,..51.p,00. Hunting composition cased - Leve Engliah make, capped. full jewelled, an excell nt imitation of gold, $15.00. The magic i Time bserver, the outer case of sixteen' 'carat gold, ver movement and engraved in the finest style, mcs; excellent timepiece, s so,Ao. • Par "es at a .ctistance have only to name the ar- . ticle d fired , and emit the amount in a register ed let r and the' atch will be sent them ; or they e n send their order and pay when the Watch is de vered Circulars, with full descriptions and pr cos, sent to any add-ess. We arelmtinu fisotur re, also, of Vest Chains. Rinp. Lockets, sleeve uttons and Studs. Bosom and isscsf Pius. .1-e., a d wilt fill allorders at much less than the usual ices. Send for a Circular-, Address Corn r of il ltute rßß a A ct ß an D d ß J ß oen T s li ta E ., R N S ew ag CO., Yo.tic. oelli.' d 1 i t 11/140DEONN AN D HARMONI VHS at $45, $OO, S I 3 and $lOO t $123 and $l3O. Just re • ived ofsplendid lot of these instruments from - ~ ason de Hamlin's manufactory. Boston. and pn hosed before any advance in price. For ale by r JOHN H. MELLOR. °ell SI Wood Etre e`. IGNOR REST—The third and fourth stories of IV the new building No. 21 Fifth street, n ear Market. The fourth story, 22x100 feet, is being gued up or a first class DAGIMEtREAN GAL LERY. . 0 locadon being one ofethe beet in the city. Th . third ;story is two oorapartments, well suited fo offices., and will be rented separately or together. Apply to J. L. OARNAGRAN. sep9 ' ederal at., near Diamond. - lleghens • - MERCH Nlll AND Ma lIPMITURER'S )3/ NT, 1 October 13th, 1862: f titAL E • 1141111 FOR oißEcirons OR this Bank will Le held at the Banking House on le third Monday of November next, betwebn .0 hours of ten and two • also ageneral meeting C the stockholders will be bald :at the same woo., on the first ti uesday of November next at o'elock a. in, °Mad W. H DENNl,Cashier. _ . TOTDAY'S ADVIlta • 1 ; 3 'TS Nrex; -rpr •14 " . . AT ANE tarsott F TaxE 'AIX" 11 4 ''"aamnfll 1111:. 'of the SteambeatiCaptaies BOSivelMs- POCiiiloo, held at thelelto casJOetcibet it will tweed thi no freight bareceitiaton thei4-httlits unless itibiect to the witr. eleatie; as adopted. the A elk:elation. ;.,St,ilioars be faroishedlvith bills ofladiait with the warcrOue inserted ;;b Bl l ol7lllt at thermos of )244sseele tion, No 94 Water street. i By older ofthe Boarti. ' : J. B, L.IVINGSTON. Seely ATTENTION 15th REGIMENT Dry P. 8 M. Regimental drill, Friday the 31st: Commanders of companies aiB parade their respective commands .at the aead oaten!. Fifth streot,'Binit Block. at 2 ti'olook By otdir of IL GALWAY, CoL Com. I.sth Regt. P. 6. M INDIA RUDDER HAVELOCKS--AN -N. OTttER supply j uat received at the 'lndia Rut ber JD ep o r, 26 'gad VI St. 'Clair itreet oclgtf, - I; & a - . RaLLI.PS. ~.,.. 11MA. 1 OTtI.E.It lot warrented. to stand beat or cola Suet received at 20:aad *8 St. Clair street.. - .co2Btf. • a sr INDIA BVBBER DRINDI fo ND CILTps arid Filterers 'or soldiers' see"r sale at 26 and 28 St Clair street. J. & PIILLLITS.-- odSif. . , AMERICAN WATCHES • FOR SOLDIERS "IR PERSONS THAT ARE OBLIGED V to give a watch bard, usage. ati times. They are pat up in ve•y heavy tiilver-bunting cases, neatly finished, simple in construction, and not at all apt to get out ot o der, neither riding on home back. :or Railroad will effect them, and for correct ness of time, they are equal to the .best Foreign Watches imported. REINEMAN, MEYRAN & SEIDLE, WAGES ALE AGENTS, 42 F4TII STREET, oc.27tf, TO THE CITIZENS OF PITTTSBURCH EEO] - wator_m wc•rtr_, D Remember thitt you non buy BOOTS AND SHOES AT ABOUT HALF Pitlck; Concert Hall Shoe Store 0c25 62 FIFTH STREET EW GOODS JTXT RECEIVED EATON, mAcßum & co., KOS. 17 AND 19 ,FIFTH STREET. We invite special attention to a choice selection of NEW GOODS, just received. All the new and desirable styles of Dress Trimmings, French Embroideries, Lake and Tissue Veils, Real Lace Collars and Sets, Trimmings and sonnet Ribbons; I .adies H ndM pS sskeisr Balmor al s Skits, Boston Ribbed Hose, GloveS. Gauntlets and Mittens, Zephyr and Shetland Wools, unit Hoods and Sontag* Head Dresses nr Net Ladles' Wool cutlera g Gar H m ai ents s, , 1 ents ,, Shirts and Collars, Reek Ties, Stimiemle.s, Handk'ls Merino, Silk antr Wool ' Undershirts and Drawers. Cash buyers supplied in quantity .at lowest irioes. EATON, MACRUM dt CO Nos. 17 and 10 Fifth stree HOES, SHOES, SHOES, SHOES, SHOES, SHOES, SHOES SHOES, SHOES, SHOES, SHOES SHOES, SHOES, SHOES SHOES, SHOES, SHOES Of all Hinds at BUCLELLAND'S AUCTION. IN'CLELLAND'S AUCTION. 111, CLELLANWS A V oa", PIRITS TURPENTINE AND CAM PHENE, Fpirits Turpentine and Campheue. iri!e Turpentine and Camphene. Spiri s Turpentine and Cainpitene, ALIO SUPERIOR BURNING FLUID. fiIJPERIOR BURNING FI.ULD, SUPERIOR BURNING FLUID, A rbon Oil Carbon OiA.! K o 'rbon Oil! Carbon 081 rbon Oil! Carbon Oil! fs —AT— JOSEPH FLEMINGT, JOBr.PH FLEMING 81, JOSEPH FLEMING'S, orner of the Diamond and Market Streets, orner of the Diamond and Market Streets. P P L ES . —5l lI&RRELN CHOICE ilusseti just received and for rale by J AS. A. FETZER, Corner Market and First street. A2S I LfY FLO II R. —5O BARRELS Family Flour !wit received and fordo by JAB. A. FETZER. 4 corner 'Market d First Streets. HES 1 WATCHES !! WATCHES Tb-15AIPS ADVERTISE-MMIN;118 CITY/ d St. Claw 41.. T of Petn " Ell.• • Pr M• pap con!al I A. li,gy cow.. d.l,sllnng nu - a , streets. Wed A raCiES JAMES RORR, NO. 89 MARKET STREET Has now on hand a large stook of fall and wintel 13 001'S A ND Si-01 , Comprising all the different varieties and styles to befouod. - Ladies', Misses and - Children's Balmoral Boots. ,wiLhAtmbleand tripplesoles,, AlfStle; Boys' and, Youth's Cal& Coarse and Kip 3io6ts; Shoes and Brogans, IldLens' Long Leged Water Preis( Cavalry Boots of a very superior quality, tiCalland examine blest-0k as' he warrants his iooda to give generll i • faction:. oo MES 8080, :N 89 Market E treat-. 0,11011 (1:TAITARUABTPIt it 8. A RUT,). Pittsburgh. Pa.. Oct. L-lith. 1862. GIEALED PROPOSALS WILL BE RE. at.this *office unti , 12 o dent D. on prox.mo. for deliver nmit - near Pittsburgh. Pa., in such quantit i ., 3 ant at such times its ma y be required ny the an. dersigned. One Thousand Cords of m. robautable biekorY cr,whitetiak irk ed.und Thirty 'fly nand ;bushels of geed. merchantable Stone Coal. Bus will Le received,for non • less these One Hundred cents of wood. sad , tor nono less than Ten Thou sand bushels of coal. ;'Proposals-must be accompanied by a prtper guaranty for the fulfillment ((the contract. Blank forme of the proposal and go .rtnty will be obtained at this whoa. ions,. the t ufßoca Greensburg and John .tewn. Ilia right to r eject an, or all bide is reserved. Bi dens must be present when the bids an opened.. • Bids not properly guarsnteed will be rejected. Bond to the amount of the respective bids signed by the contractors and - their guarantees will be required. he pr-posala mist bo endorsed "Proposals for furnishing Rued" A. MONTGOMERY, oda Major and Quartermaster Li S. A. SHAWLS, CLOAKS AND DRESS .. • GOODS , new and beautiful styles. BALIIORAL AND 1100 P-SKIRTS. NEEDLE WORK AND HOSIERY. MITSLINS, inZINTS AND C ECUS. PLAIN AND PLA CD FLANNELS_ Wholesale buyers will find man; of tho above °oda at leas than Eastern market r.rice3.' TERMS, CASH C. HANSON 1.014 1 & 74 Market 'Street. cALfronimt wirxEs. CALIFORNIA WI STEN, CALI FORDIA WIN EP, CALIFORNIA' WINES, I am in receipt oft, lot of pure Palifornin consisting of ANGELICA, 2111 1 1, SfUTALL, and • PORT. These wines arc, for medical -purposes. an psrio to any American. and et/ uat to the bt Earopeat wines. The attention of invalids partioularb called to these wines. Bold by JOSEPH FLEMING. • JOSEPH FL ' , MING. JOSEPH FLEEING, corner Market street and the Diamond. Cotner Market street and the Diamond, corner Market street and the Diamond. 0c25 • Si—vicklev• Jewickley Academy. A CLASSICAL AND comaszacreti Bow ding Bchool for boys, on the Pittsburgh Fort Wayne & Chicago Icahowl, twenty.ts• miles from Pittsburgh. isev. Principal. The forty firstm34oll If:llcomment'. on MO NDAI, Nov. 3rd, 1 562 . Circulars at JOHN IR WIN . . 41E CO.. 57 Wats street. or at J. LEN EVIN & CO., 351,lpe r ty ri. oc24:lTrd FOR ARMY USE meci.iNTocil a SON, 112 !SARRE.' STREET IWEE T POTATOE S .-1! ISARRELf ehoine Sweet Potatoes just tee. iced a‘ d to sale by •J AS, A, PR] ZER. oe2 Corner Market and Eirst StrertS. P lO HTH I UND BBD . DOLLj ts 'LW 1 AU purchase s• neat three fl'ozy brosk house of sig-roonss, ftnisned attnytwo cellars ant lot of ground Situateos . acocirstreet Alleshen city. Apply to &SO• 8, 0c24 fa Market street. CA LL AT mAciitust tt- WADE'S. and supply yourselves, with FALL and WIN PE R HOSIERY and OLOVEE BALMORAL-HOSE, fur /adios andAnissos. BOSTON RIBBED DOsE, for ladies and a itIBIN FLEECY LINED HOSE. for ladles and misuec KID, CLOTH. SILK and WOOL OLO vEI3 GAUNTLETS and MITTENS. WOOL HOODS, SCARY 3, NUBIAS, MUFFte ARMLETS, SONTAGS. LEGGINS. GENTLEMEN'S UNDERSHIRTS' nd DRAW ERS. TRA VELING and LINEN. SHIRTS, TIES, COLLARS. MUFFLERS, (lAUNT- LETS and GLOVES, WOOL, ME.: RINO and COTTON HOSE. - - -• And many other articles suitable for the col, season at the lowest prices. MACIVUM & 01 4 Y DE, 78 Market at., between 'Tomtit and Diamond nen: ' FELT SHOES I FELT SHoES!! FELT SUOES !! Sure preventative of cold feet, . at, DIFFENBACITERS, lb Fifth etieeti near Market TWO 7-00 T. 8001101 - INT BECE•WiIa NAN UFAOTORYnf HAMILTON. BROTHER& New York. These Pianos are warranted to be equal to anv made In this emintry in erarY par tioular, and will be sold at reasonable .ralaaa• Every instrument of this make - will be warranted by the subsoribenfor five rears. - - For sale by JOHN H. MELLOR. oe2 • 81 Wood area. N I" lA. N 1) . S _ E; IX NEW AND !IMPED RONEWOOD 7 OCTAVE PIANOS. with all the recent tin - erovements. and of the most elegannatYles, just received from the old efrabltsited and celebrated firm of LIALLETF. DAVIS L. , C 7., 800 on. These Pianos will be warranted by the manufac turers and the subscriber to, all purchasers. Prices the same as at Boston. For sale by JOIDI H. MELLOR. 0023„ 81 Wood greet. . ilavEslDEnrcE ICE for sale.—A comfortable, well-built mansion hours, of twelve rooms, ball, two parlors. marble mantles aniibearths, Library, bath-room. eta: stable; ice boils°, .large garden. variety of fruit trees, shrubbery, flowers and vines Pleasantly ittuite about five minutes walk from the station. For price and tonne apply to • B. CUTHBERT k FONS, oeSi Commerd'al Brokers. • ,51Market stmt. • B AGS! BAGS I BAGS !! 24000 Seamless 'Saga: 6,0 W Gnmsy Bags 1,000 Bowbay Sacks; 2 509 Large Heavy Linen . 5,000 Army Oats and Corn Books ; WO Salt Sacks—For sale by HiI'OHCOCK. & CO, sel2-3mis • , • 18 1Seoond strims REAL BARGAINS-- have now in store FIVE 8% tine* ootire CHICKERING PLA.NOS, perfect order in every Tesect. whi c h ing been in n , e but a very short time, which Lwili sell at about ONE. HAW? the original cost. Also on hand some geed sec ond•hand pianos of other makers from 840' Forsale by • Jail rg H. MELLOR . Worxi SIX WILES JP ,H IE RIVER, WE have for pale a beautiful hotuestetvi, of a acres Of good land. With vroodlard.. orchard of 2 acres of choice fruit, a lama Mansion House of hall and ten rooms, conveniewly illsranfted, porehes. verandah. &c.. Barn and Stable, all iu - m o i d d * evrandpyoa amyau at.e steamboatnanti e. railway; For twice and term. apply tour add: est. oVTFIRERT ktiOZl. ?onunartl Braaten.
Significant historical Pennsylvania newspapers