N. plarmsrmina. 4 co., Ed. 37 wtw - PARK ROW NEW YORK, and 6 STATE =SKIM BOSTON-are oat agents &zee DAII3- and WeesrAy Pont in those al d er. and are au- Ihuristdtotak_ed:Avertisemants anASnbsoriptions or as at our Imam .fiater. SATURDAY MORNING, SEPT , ... 6. en AOU MG MR --- F ------ 1 - 100D mum Opinion of Judge Lowrie .-COMONHEALTH OF PENN'A, EX RELATIONS, NOLAIN, BERG, HEitWICE, FARQUHAR, 'HARRIS AND BARKLEY, Wt. E. S. WRIGHT, PROTOST MAR DEAL, &C. Six Writs of Habeas Corpus, before Chief Justice Lowrie, for the release of the relators, held as drafted soldiers. OPINION of the Chief Justice on the ju risdiction of tho state judiciary in such cases When the first of these soldiers' cases came up before me recently on Habeas —Corpus,.no question was raised about the jurisdiction of the state judges to send this writ to a federal officer. In the sec " cad case the District Attorney of the United States, acting under instructions 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 hie objection on the record ; but he af• terwards declined to make the objection in that case, and it was heard and deci= ded on its own merits. Of course I would not have heard it, if I had not believed that such cases are within the judicial competence of the state judiciary; for the courtesy of the learned District Attor ney could not supply my want of authority. In the present cases the respondent, under the advice of the District Attorney, has made a return in which be excepts to my jurisdiction, and I have heard all that , the counsel desire to say on the subject.— I find nothing in what has been presented ' that weakens mk long entertained convic tiong, 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 vindication the more important. I observe a very recent decision of the Supreme Court of Michigan, Spangler's case, in which two, and perhaps a majori• ty of the Judges seem to have acted on this principle; but they can scarcely be said to have discussed the question, how- ever carefully they may have considered it; for they do not devote more than four or five sentences to it in all their publish. ed opinions. See Am. Law Reg. of Aug. 1863. And there, as here, the case was under the net of Congress of 1882, and the They seem to found their decision on the opinion of the Supreme Court of the United States in the case of Ableman Booth, 21 lioward, 606. But that case decides only that a prisoner cannot be taken oat of trne custody of the Judicial Department of the Federal Government by means of a habeas corpus issued by a istate 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 these called for, and all beyond is mere offter dictum, and can not be taken, by itself, as sufficient author. ity for so important a principle. The principle really decided in that case is a most important one, and I re joice to believe that . it is not now ques• tioned by any one. It was disputed in Wisconsin in a very disorderly way, and out of tin:it disorder that decision arose. Yt was questioned in our S Ate in the case ofPassmore Williamson, and twice deci ded to be correct. 2 Casey, 9; 3 Wright, 9. The point decided in those cases does not at all support the ojection now ander consideration. Judges are the functionaries appointed for the trial of rights, and they may commit for trial or in consequence of it as a part of L 'heir general jurisdiction, and therefore they .re not expected to show their au thority for any particular act of imprison ment, except by their records, and to their - judiLial superiors. But all execu tive, legislat i ve and military functionaries, having no such power, must justify their restraints of liberty, vhen their legality is disputed, behire the judges to whose functions such questions finally bel ; and the habeas corpus is the writ or suit by which they are required to do so. It is intended to operate on all extra judicial restraints of liberty, and it, more clearly than any other remedy, expresses and embodies the principle that every man shall have a speedy hearing for his liberty, before the regularjudges of his rights, and by due course of law. This has been the law of ourselves and Ins ancestors for several hundred years, mi we have always found it conducive to libe Ity, and in very rare instances has it been used in a disorderly way; though it does i •equire the ,judiciary very often to interfere • with and set aside the acts of the very highk odkors of other departments of the this ove. `Vent. /sro conflict, between them, on • account, is at all probable when each is a. tt ? ,cerely desirous of being guided by the C,lll.stitution and the laws of the country, as and ordinary usages nearly as is reason ably' practicable, and when each is reasom;bly respectful of the functions of the other, as each ought to be. This is the nature of the writ of habeas corpus that is secured to every 0D,13 by the Constitution of the United States. It was an institution or remedy so well known that it is not described in the Constitatihnt but merely named. It is, substantially, at least, the habeas corpus described in the Statutes 16 Chas. 1, and 31 Chas. 2, though not always limited as they were, and these were subitantially in force by adoption or re-enactment in all the States of the Unioa at the time the Federal Constitution was adopted, and this declares that the privilege of or right to this writ or suit shall not be suspended, unless invasion or rebellion make it neces- easy. Our statute was and is broader than the old English ones, and as broad as the modern English one. As then used, this remedy was entirely in the hands of the State judges, and was applicable to all sorts of extra-judicial restraints of liberty, under any pretext whatever. This, there fore, is the right or privilege, then every where 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 interfered with the Federal Constitution, except in this _ liability to suspension. It is a man's • Wing his suit for his personal 11D -right h. 'wave it promptly tried. I sigh, and , Why, thei shall it now be said that 4 'ederal office, 7 .a1l not obey a habeas wpm, issued State Judge? The 'lief Justice of lllh 413 )g an says, offense against in Spang 's case, that, becan, aively cognize- United States is eat qs.f) n the Federal courts refore "the , se opower under such I * 4- 4_,Pr isitY 7 - u n d e r such excltusivejurie sincere and respectfa, this consequence followb•;- bility to do so. The learner. -,tes Chancellor Kent for I not for his conclusion. • ng page of the Com he lays - 1, in an infprison by color or lily -ity, not judi -mrts have corpus, authority is not a mere pretext, but that toe commissioner and the alethorities un• der whom he acts are honestly endeavor ing to carry into effect the requirements of the act of Congress (of 1862) and of the Federal Executive, in - a matter vital to the safety of the Union. The question, there fore, 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 confesss my inability to perceive how the conclusion follows from the premises. The sincerity of the nets of the federal officers does not seem to me to prove the exclusive jurisdiction 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 de• cision that excludes the jurisdiction of the State judiciary in such cases. The fed eral Constitution declares that the federal judicial power shall extend to all cases in law or equity arising 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 a constitutional justification of laws pro viding for a review of such cases by the federal judiciary. Cases abound where the State judges have thus interfered by habeas corpus with the acts of federal ofli • sere, 5 Binney 512, 7 Barr 336, 12 New Ham. 194, 11 Mass. 63, 67, 83, 24 Pick. 227, 10 Johns, 328, 7 Cowin 471, 6 Hill 16; Sergeant on the Coast, 283-7; Hard on Hab. Corp. 164, Judge Story, in his work on the Con stitution' gives the following quotation from the Federalist on this general subject: " When, in addition 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 concha sive, that the State courts would have a concurrent jurisdiction in all cases arising under the laws of the Union, where it was not expressly prohibited." And the constitution expressly provides that cases arising under federal laws may be heard before State courts, when it de clares 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 ju diciary 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. No where is the Fed eral jurisdiction held or declared to be ex• elusive in such questions. Yet in the exer cise of it, I admit the wisdom of the remark of Chief Justice Tilghman that 'this power should be exercised with very great caution. and never where there is any reasonable doubt." The State judge, in deciding upon a federal law, ought to he extremely ,p at claf ul that-no Sta eor local opinions, prejudices or excitements, should so in fluence his judgment as to cause him to misinterpret or misapply n 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 more State or local thoughts. The federal Constitution and those of all the States secure to every man a judi dicial 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 groend for gtriking at it more than at any other judicial 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 objection 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 befo; e the federal courts: and it is thus broadly stated by the Chief Juatice of Michigan in Spaneler's case. In other words it is this: Where any act is done professedly under federal author ity, no State court is competent to try whether private rights hare been injured thereby. I am unable to state the princi• ple in any narrower 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 ends, 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 reasona bly uniform practice; unless it be statute law. The history of our jurisprudence pronounces against the broad principle which I have stated, and that is its conclu sive condemnation. And we cannot avoid this consequence by limiting the principle to habeas corpus cases. That would be a rpet - e arbitrary limitation, because found ed on no reason. And it would be frnit• less too; for it has always bean regarded as law that State Judges may. by habeas corpus, try the validity of enlistments in the Federal army and in the volunteers, when called out by federal authority, as well as ether cases of claims to liberty.— And I doubt cot that the records of the State Courts here (Pittsburgh) would show hundreds of such cases; 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 authority was ques- tioned, except in my own mind. In the very first case I ever tried I had doubts, but they were entirely removed by an in vestigation which I then made of thn law. But if the broad principle which I have statOd be true, then all this must be given up. Nay, more than this•, much more.— If a federal marshal wrongfully arrests a man, or wrongfully uses him when arrest ed; or wrongfully seizes any man's prop erty; or ejects him from kis land; or a military officer wrongfully does the like; or imposes the punishment of the whip ping post; or arrests and forces into the army one who is not drafted or enlisted; or if an army surgeon wrongfully and by plain males praxis amputates the limb of a ' wounded soldier; or if any federal officer wrongfully quarters a band of soldiers in a persons 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 i citizen has no remedy in the state courts, but must seek the much less accessible federal forums. This would be a partial denial of the right, by rendering suits un duly difficult to be brought. Heretofore the law has always been that, for every wrongful act by any person, the sufferer had a right to sue in a state court, and if the supposed wrong-doer had any federal authority under which he could defend himself, he was bound to de feed himself there, and the state courts were bound to allow the defence accor ding to the full legal effect of the federal law. No doubt there is danger that the state courts may sometimes be overborne by local prejudices or excitements, so as not to give fall effect to such defences, and therefore it has been thought proper *ct require that, in such cases, the Su . . size Court of the United States should have a right of review. ern doubt this rule is nt" .2 ezear.Y, so that state judges' ma not become y merely arbitrary in their deal ing with federZl law, and if it does not apply to habeas cor';'‘us ewe, I do not now gee any reason why it Snay not be made to do so, under proper restris-Siones But, and I say it with great rNipect, cannot avoid thinking that, in the light of all our previous practice, this objection indicates an undue suspicion of the etate marts. I know that, in the trying elm:un *nese in wideh the federal goyernm„t is placed by the present rebellion, it is entitled, Within the constitution and laws, to the generous sympathy of all Ameri can .citizens, and that all its measures ought to-be liberally interpreted, and not narrowly criticised, But on the other hand, we can have no government, unless there be mutual trust between the government and the people, and between the federal and the state gov ernment. Mere power is not authority.— An essential eleinent of all natu ral and enduring authority is the mor al quality that is involved in mutual trust between the governors and the governed ; the Union and its ele• ments ; 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 carefullyavoid ing all, even apparent, departures from the usual course of administering the Consti tution and the laws, so far as is com patible with the work to be done, and thus preventing new causes of distrust. Rea son, as well as law, therdfore, forbids any departure in this class of cases. It the State courts are not to he trusted with any jurisdiction in cases involving acts done under Federal laws, then our Federal Union is greatly weakened by the - loss of moral bond ; mere legal force can not hold the States together. There is a moral bond strong enough to hold them, made up of the moral fibres of respect and affection for the Constitution and laws, as heretofore usually understood, and of those of our social relations and inter course, and I cannot contribute to the sundering of a single one of them. We have found the old paths 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 are thority of social custom and usage has 'prepared the way and made the paths straight and ready for social travel. Mu tual envy and distrust rot those social fibres. Suspicion and strife dig pita and erect barricades in those paths, and pro duce all sorts of evasions and:disorders in the social movement. Not more than one in many thou sands of the transactions of social lite re quires the force of law for its protection or execution, when the stability of the law and of its administration, and its liar mony with social usages are such that its influence is sufficient to suppiess all ques tion and dispute. And then all engage ments are incomparably better fulfilled than when the law is often called upon to to apply its force; besides being more peaceably done. But when the law be comes so unsteady, and so discordant with social usages, that all may dispute it, then litigation and social alienations abound, and the social bond gives tokens of social dissolution. If our mutual alienation has gone so far that the State coons cannot be trusted to administer "the supreme law of the land," it seems to me that it is quite time for us to begin to doubt our ability to maintain our Federal Union ; tho' very possibly I may overestimate this danger. The States do not now gen erally distrust the Federal Courts, and I think there has heretofore been but little federal 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 mujtiplied in every State suffi cient to meet the demands of such a prin. pie, and if the State courts find themselves continually reminded, by the application of the principle, of the distrust entertained towards them by the federal government, 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, candid, generous and free from partizim or local excitement in the admin istration of the law ; and let us reflect much before we adopt so dangerous a principle, either by judicial interpretation or by positive legislation. Trust the State judges with the administration of such federal law as ordinarily comes before them, and they will generally do sigh', as the experience of three quarters of a cen tury has prey, 1. But put upon them the marls of federal distrust, and you invite the people to regard federal law as sos2e thing 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 respondent, under the same pen alties, 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 not before the civil courts. Enter rule to show cause why an attach ment should not issue against Respondent for want of sufficient return—returnable on Saturday, September 12 at 9 o'clock. A. M. PRUNING TuE G PE. — Many people suppose that it is necessary to cut out the leaves of the grape that shade the fruit. The Illinois Farmer says that this is a se rious error, as the leaves are required to perfect the fruit, and soJong as the leaves have the sun, die fruit cannot need it. The grapes under the most dense shade of leaves are as sweet, if not sweeter, than those more exposed. The ends of the shoots can be cut back, but let the leaves alone. PATENTS ISSVED. — Patents were issued last week to the following persona : Ly man Gray, of Pittsburgh, Pa., for im• provement in the mannfacturq of bungs; A. B. Harnaker, of Salungs, Pa., for improvement in regulator for grin - ding mills—antedated August 14, 1863; Ste phen Briggs Holden, of Meadville, Pa., for improvement in railroad car seats; Ed ward Oudry, of Pittsburgb ; Pa., for im provement in apparatus for cooling the teeth. Wm. Otis Davis, of Pittsburgh, Pa., assignor to James B. Lyon and Wm. O. Davis, of the same place, for improve ment in glass presses. REVENUE DECISION. - The Ciommis• sinner of Internal Revenue has decided that in making payments to persons in the service of the United States who are employed by the day, the three per cent. tax should be withheld on the amount in excess of $6OO per annum, assuming that there" are three hundred working days in the year. The amount of $2 per day is exempt from the tax, DEMOCRATIC C LUB. —This evening there will be a Democratic meeting held in the Good Intent House, Lawrenoeville, for the purpose of organizing a Democratic Club. All true Democrats and Conserva- tives, old and young, are cordially invited to be present. By order of the Commit tee of Vigilance. ,St'RETY OF THE PEACE,—James Parke, Jr., made information at Alderman Tay. lor's, Fifth Ward, on Thursday, against John Butler, Eli Atwood, Fred. Roxbury, John Ibbetson and John HenchclitT, with threatening to do violence to persons in his employ. The parties were held to bail. SENT TOTES HILL.- • Albert Rose, charged on oath of Eliza Spencer, with assault and battery, yia3 yesterday placed in the hands of Jailer Small. CHOICE RIADING MATTER. -..0111' friend Pittock, opposite the Postoffice, sends us all the Pictorial and Weekly Papers, in cluding Harper's Weekly, New York Il lustrated News, Frank Leslie's Newspa per, and eecher's Independent. He al so supplies all the Eastern and Western Dailies. Don't forget the plies. FRESH OYST Ells, —The first of the season, just received. and will be served up in ev ery style and variety, at ‘ 4 O ur . u. 0n ,, , ), Diamond Alley. Jno. Shaker, Proprietor. IMPORTANT DEC IS ;ON—STATE COERTS AND THE HABEAS CORPETS.—Chief Justice Lowrie of the ghpreme Court of Pennsyl- vania, delivered, yesterday morning, a most important opinion, asserting the right of the State Courts to grant relief by Habeas Corpus to persons illegally re strained of their liberty—in certain'casts. We publish the opinion at length. The doctrines asserted in it have been disputed in various courts throughout the country, and the discussion is at this time a most interesting one. The case in hand is that of the Commonwealth ex red Elry Me• Lain, vs Captain E. S. Wright, Provost Marshal for the Department of the Mo• nongahels. McLain, a resident of Fayette Co. was drafted under the State draft in 1862, but failed to report and was lately arrested as a deserter and put into the service of the Provost Guard in this city. He stied oat this writ and his coun sel contend that he cannot be treated as a deserter, but is liable to be tried by Court Martial and fined to the amount of one year's pay ($256) and in case of non-pay. ment of the fine, to be imprisoned for the period of one month for each $25 of the fine. The return of the respondent among other things, denied the jurisdiction of the Court, and to this point only the . opinion relates, deciding in favor of the jurisdic tion. There were five other cases of pre cisely the same character before his honor, the relators in which are Joseph Barkley, Samuel B. Harris, David R. Berg, Zimri Farquhar, and Thos. G. Herwick. The counsel in the cases are Hon. Henry D Foster for the relator and Robt. B. Car naham for the respondent IMPORTANT.—When a stamp has been attached to a cth - tificate of marriage, the minister is required to write his initials and the date of the marriage on the stamp to cancel it. Clergymen will please take notice of this important requirement, as parties would doubtless be slightly aston ished to find, after living together for sev• eral years, that by reason of neglect of this formality, their marriage was an illu sion instead of a "dead sure thing." RAPE.—John Smith, of Manchester, a colored person, was arrested yesterday by officer Glenen, charged on oath of Hannah Douglass, with committing a rape, he entered bail to the amount of fire hundred dollars, for his appearance at Court at the next October term. WAVED A HEARING —Provost Marshal J. Herron Foster, and others, charged on oath of Dr. King, at Alderman Donald son's, with aggravated assault and battery on Joseph Hagan, waived a hearing, and entered bail to the amount of three hun dred dollars each, for their appearance at court at the next October term. LARO EN Y. —Richard Murphy was sen to jail yesterday, on the charge of Larceny preferred against him by William Pitcairn GBAND Pic-Nic,—The regular annual Pic-nic, for the support of the school attached to St. Mary's Church, Lawrence ville, will he held in the Iron City Park, on Wednesday, September 9th. Pic-nice heretofore held under the auspices of the young ladies of Lawrenceville, Were agree able successes, and we have no doubt from the great preparations made, to safer to the Comforts, convenience and pleasure of their patrons, this one will be the success of the season. We recommend the me chock and the clerk, who require a day's relaxation from labor and confinement to pay it a visit. GRADRATED.-At this week's examine. tion in Duff's Mercantile College, Pitts burgh, Jas. Black, Allegheny City; Jas. T. Mitchell, Williamsport, Pa. ; Wm. B. N. - ble ' New Enterprise, Pa. ; John A. White, Wheeling, W. Va.; Wm. H. Alldred, Bir- mingham, Pa., all of whom passed an honorable examination, were awarded their Diplomas, and each graduate was presented by the Faculty with a copy of the College Gems of Penmanship as a me morial of hie exemplary deportment du ring his attendance at College. FORTY Bores DEvovroN.---The solemn and ivapre9.sive ceremonies of the forty houra devotion, will be held in the St. Mary's Church, Freeport, on September G±; Church of the Holy Trinity, Pitts burgh, September 13th, and in St. Mary's Church, Lawrenceville, September 28th. THEATRE.—To-night, again, will be pre sented for tne last time, the sensation plao of the Duke's Signal,or "I am Ilere " fo conclude with the romantic drama of the Demon Gambler. Both are worthy of being seen. DAL'S & CAPPELLA MERCLIAMT TAILORS.- By reference to our advertising columns it will be seen that these gentlemen have just received a large and well selected stock of Fall and Winter Goods, o)oths, Cassimeres, Vestings, &c. together with a fine stock of Gents Furnishing Goods, including everything usually kept by first class furnishing stores. Their charges are moderate, and they employ fashionable cutters who thoroughly understand the art of making the very neatest fits. Those who have not yet procured their fall and winter clothing 'would do well to give Messrs. Danb & Cappell a call, as they never fail to "suit' their customers. Their store is at 185 Smithfield strut, BELOW COST ! GREAT REDUCTION CLOSING OCT I 1 CHEAPER THAN EVER! —Carte de Visites of Army and Navy Officers, noted personages, copies of En• gravings, Theatricals, &c., at only 10 cts. each, one dollar per dozen. Call and select at Pittock's, opposite the Post Office. CURRENCY HOLEERB, Wallets, Pooket Knives and Pocket Rooks, all styles and prices, at Pittoek's, opposite the Post Office. ALBUMS! ALBUMS I—The finest Albums in the city, at Pittock's, opposite the Post Office. HARPER, Leslie, Wilkes, Independent, and all the Eastern and Western daily and weekly papers, at Pittoek's opposite the Post Offize. LARGE SPRING WAGON (new) to be sold this morning, at 11 o'clock, in front of Masonic Hall Auction House. FISH OIL AND TOBACCO, at Action, this morning at 10 o'clock, at Masonic Hall Auction House. BOOTS AXE SHOES, of all kinds, at Mc- Clelland's Auction House. LADIES' AND MISSSES HOOP SHIRTS at McClelland's, 53 Fifth street. CONGSESS GEITER3 for Ladies', Misses and Children, at McClelland's Aaction. Liauvaii ilexae's dewing Maohinea.for .a.nufactering purposea„are the beat in WO. A. F. C dATONAY. General Agony. IS Fifth street. Pittsburgh. Pe ....... JOSEPH MEYER SON =UM 4.1=2.113a 07 JFEVATOT AND PlAlff fJAILVIVETJEtE a C.HA BS Wit..2lXllolisF., kild - rnurzars . atrte; end 110 g vol 1178.4.: kr..Ciar.,- 50 Bbls ROOFING CEIVIION IC, FOR COATING OIL TANKS, For sale by LUPTON, OLDDBN & CO.. anl9 °Mae oor. Fitt and Wood eta. 2d OAT TELEGRAPHI Capture of Kinsgton, LATEST FROM CHARLESTON. IRON CLADS WITHDRAWN FROM THE ATTACK. DESERTERS SHOT IN KEN TUCKY. The Draft in Troy, N. York &c, &c. BRIDGEPORT, ALta.tm.t, SeiCtember 4. Gen. Burnside telegraphs that he took Kingston on the second. Part of Minty's brigade of this army went in simultane ously. Burnside says he met with little serious opposition. All Eastern Tennes see except the Chattanooga region is evac uated and free. Everything is working splendidly in both Burnsides' and 'this army. The great obstacles of this region and Lookout Mountain, will be surmount ed in a day or two. NEW Yoa; September 4.—The steamer Fulton, from Port Royal on the Ist, left Charleston bar same day, arrived at 7 o'clock P. u. The siege still continues. General Gilmore had succeeded in run ning a parallel against Fort Wagner. The iron-clads had been withdrawn from the attack on Moultrie and the batteries 1 on Morris Island. 1 Charleston had not been bombarded for ten days. Everything was progressing fa vorably for the Union troops. LOUISVILLE, September 4.—Five desert ers from the twenty-second Kentucky in• fantry, were shotat Munfordsville at noon, and two of the thirty-third were respited until October. TROY, N. Y., Sept. 4.—The draft for this city began this morning and termina ted this afternoon. The proceedings were orderly, but great interest was felt, and the office of the Provost Marslial Hughes was crowded throughout the day. Only a small military force was on hand, although two regiments are in the city. Among those drafted were eight from the Times office, including the local editor and book-keeper. H. B. Hubbell, editor of the Press and one printer from the Whig, and several city officers and numerous prominent citizens drew prizes. J. H. Rugg, of the telegraph office, was also drawn. The best feeling prevails. CINCINNATI, September 4.—The Com mercial's Dayton dispatch says, this morn ing Spielman was surrendered to civil au thorities, by order of General Cox. He is in the Sheriff's custody awaiting dispo sition of virit of habeas corpus by Judge Haynes. The Provost Marshal will not resist and Spielman will be examined be fore the Mayor, on the charge of shooting with intent to kill. Lt. Walter Huber was released. MARKETS BY TELEGRAPH New YORK. September 4.—Cotton firm bat less active at 85075 for Middling Uplands. Flow somewhat excited and advanced 10 , 015 e, but closets dull with buyers generally refusing to pay the advance; $4 9005 for Extractate: $5 250 l 5 45 for Extra R. H. 0.. $5 5007 for Trade Brands. Whisky firm at 50c Wheat heavy. un settled and aeolining; private accounts from England are very depressing; 85451 07 for Chi cago "prang: 94 , 55115 for Milwaukee Club:. $1 1501 T.: for Winter Red Western; $1 18 for MinneeoNi Club. Corn opened steady. closed heavy and 102 e lower; 73075 for Mixed Western afloat, chiefly 73074 and 75 in store. Oats more active and decidedly better: 60065 for Western. Pork firmer with scarcely anything doing. Beef dull and unchanged. Bac-le "ides steady. Ld , more active and firmer a.t 974,0104, the latter a a r n ax creme. Money quite stringent at 607, nearly all the business at the latter rate. Sterling, in sympathy with Gold. is irregular and unsetUed: first-claw bills opened at 14501404, closing dull at 14060 145. • Gold very much unsettled, opening at 34, ad vancing to 345 i, decling to 3034, and closin heav at 31%. g y CELEBRATED EXTIh. V HANDKERCHIEF. Ashland Flowers /Mignonette Aliama Musk _.maryais Meadow Flowers Bouquet de California Lilac Bouquet d'Arabie Lily of the Valley. Bouquet do Carolina Now-mown Hay Bergamotte, Orange Flowers Bessie Camelia Patohouly Pink Clematite Poppinaek Cedrat Portugal Citronelle Rosat Praine Flowers Crystal Palace Rose Geranium Rough and heady Gillifiower Spring Flower Garden/Flowers Sweet Briar- Heliotrope Sweet Pea Honey Sweet Lavender Honey suckle Sweet Lettuce Hawthorn Sweet Clover Hyacinth, Tubercle Jasmin Tea Rose Jockey Club. Violette Jenny Lind Verbena Jarman°, Vetivert Mousseline Vanilla Millefieurs West End Magnolia White Lily Mareahale .Winter Blosom BAZIN'S HEDYOSMIA, a highly concentra ted Persian Essence, the most elegant perfume for imparting to the handkerchief a very agreeable and lasting odor. ESSENCE BOUQUET—TRELE EXTRACT UPPER TEN.—A large assortment df Toilet Soaps, Shaving Creams, Preparations for the Hair, Cosmetics. Toilet Waters, Dentifrices, and perfnmory_ of all kinds, constantly on hand. For sale by CHAS. H. SU PER, Corner Penn and St. Clair sL IROND ALE IRON WORKS FOR SALE. Including all the Unsold Lots in the Town of Irondale. ®WING TO A DISSOLIITION OF co-partnership, the IRONDALR IRON WORKS are offered for sale. These works are situated at Irondale, on tile Iron Mountain Railroad, 70 miles from the city of St. Louis, consisting of ono hot blast Furnace, 7,000 acres of timber and farming lands, twenty dwelling houses, suitable for labcrers, one large three story brick store-house, fine stable and barn, saw and ooni mill, about 200,100 bushels of charcoal, 2,000 tons of iron ore on farrace yard, mules, wagons, hay, corn. oats. .ka, Ac. The Furnace and machinery in perfect order. Also a contract with the American Iron Moun tain Company for the delivery of their ore, having twelve years to run; large banks of hematite ore in the immediate vicinity of the Furnace. The above works are among the most desirable in the United States, and offer every inducement to persons desirous of engaging in the manufacture of iron The above_property includes the unsold lots in the town of irondale, and if not sold at private sale before Saturday, 10th Day of Octobor, 1863, will, on that day, be sold at public vendee (as a whole and without division.) to the hi heat dec. at the eat front door of the Court /louse, in the city et Si. Louis, at 12 o'clock noon. Tartu. half (mall, b fence in twelve months,„ with six per sent, interest, onino/131448 the purchaser may desire. For fu rt her information and partionlan, apply at the office at Irondale, onto I 3 ELTPRIEST, Real iletiste Agtmta, lit Loidg. GROSS NICHOLS' ELIXIR, IRON and Bark. received and for saleliz_ GEO. A. KELLY. 69 Federal Sc.. Alleahanv. VVION—TBBEE SADDLES YEN- Just received and for oalla a, JAMES Aj? 00471fg Pifin*st and••••N oteeeti. vaisairrick HERRING-10 BOX- A-P 4:4)0t received and for cl uy t e ib a BRO: Wood Croat &c. AR,. BLOOD POWDER A certain cure for founder, distemper, rheuma, titan, hide bound, inward strains, loss of appetite wesess. heaves, coughs. colds, and all diseases of the lungs, surfeit. of scabbers, glanders, poll evil, mange, inflammation of the eyes, fistula, and all diseases arising from impure blood, cor rects the stomach and liver, improves the appe tite, regulates the.bowels. corrects all derange ments of the glands, strengthens the system, ma k es t h e ski n smooth and glossy. Horses bro ken down by hard labor or driving. quickly re stored by using - the powder once . a day. No will be found equal to it in keeping horses ands appearance, condition and strength. London and Interior Royal Mail CompanYs, CELEBRATED BONE OINTMENT. A certain cure for spavia, ringbone, scratches, lumps, tumors, sprains, swellings, bruises, foun dered teat , chilblain. wind galls, contractions of the tendons, bone enlargements, .to. Blood Powder 500 per 12 oz, _packages; Bone Ointment 500 per 8 oz. far. No.= Strand. Lon don. Mclieeson et Rorbins. New York. French, Richards & Co„ Philadelphia. TORRENCE do IigoOARB., Pittsburgh Drug House. ing:dlyo Corner Fotirtn and Market street Hon• Wilson McCandle.7s. Jndge of the United Corner of Penn do St. Clair St.. Pitta burgh Penn•»_, VOILE LARGEST, CHEAPEST AND JA. best. $35 pays for a full Commercial 0011.1213. No extra charges for Manufacttters, Steamboat. Railroad and Bank Book-keeping, Minister's sons at one-half price.. Students en ter and review at any time. This Institution is conduotee, by erperitocced Teachers and practical accountants. who pre pare young men for active business at the least expense and shortest time for the most lucrative and responsible situations. Diplomas granted for merit only. Hence the preference for grad. antes at this College by business men. Prof A• Cowley. the boat Penman cf the Union, who holds the largest number of FIRST PRE =lrma. and over all competitors, teaches Rapid Business Writing. • tra. Attend where the Sons and Clerks of busi ness men graduate. For specimens of Penmanship and Catalogue containing full information. enclose twenty : live cents to the Prinopals. JENKINS et SMITH. SAVINGS INSITrIITION, NO AL.I7 HO Smitnlleld street, opposite the Castors House. Chartered by the Legblatisro. • 07 E 0 VICMlit. Pr cseldent.._—..J/UHIDEa PARR, Jr Wm. H. Smith Thos. D. Hessler Franois Sellers John F. Jaminss. Thomas S. Blair Henry Lloyd Josiah lling A 8 Bell 8 8 Fowl= W W F Rehmoodwe J M Tiernan D M Long Jae W Beata C H Wolf Wm Smith B Jonec W H Phelpa Open daily, from 9e.R.toa P. M. Also. Tues day and Saturday evenings fom 6 to S o'clock Deposits recoived oO ME and nowards Dividends declared m Deoembor and Juno each year. DiviAe - As allowtAto remain are placed t o the credit of the depositor as prideipal„ and bear in terest, thus compounding it. Books containing Charter. :By-Laws, Cre., far wished at the office. This Institution offers, esnecially to these Persons whose earnings are small, the opporturiitY to accumulate. by small deposits, easily saved, a sum which wild be a resource when needed, their money not only being safe but bearinginterest. i c stead of remaining unproductive. myl. FURNISHING STORE. ci-cooros Port TRI KITCHEN. Brushes Baskets Jelly Moulds Wash Basins Cup Mops Wire Sieves Coal Scuttle Stove Polish Knife Washers Basting Spoox.: Coffee Malls Wash Boards Sauce Pans Bird Roasters Fry Pans Farina Boilers Egg Beaters Flour Pails Water Filterers Pie Plates Clothes Wringers Wooden Spoons Butter Prints Wash Tubs Soap Cups Toast Forks • Sad Irons Meat Presses Cake Boxes. &a., &c, HMG ROOM. Castors LeTSD Call Bells Syrup Jugs Nut Picks Cake Knives Fish Knives Crumb Knives Ice Cream Knives Salt Stands Napkin Rings Fruit Stands Cake Baskets Baiter Knives Forks and Spoons Soup Ladles Oyster Ladles Gravy Ladles Sugar Spoons Children's Cups Mustard Spoons Round £ Oval Salvers Ice Pitchers Bouquet Stands Goblets CUTLERY. Ivory Handled Knives. ' Carvers Cocoa do do Forks Stag do do Square Waiters ignglish Tea Trays Crumb Brushes Fork & Spoon Trays Crumb Trays Dish Covers Chafing Dishes Hash Dishes Coffee Biggins Wine Strainers Coffee Bleeders Spirit Coffee Pots Nut Crackers Table Mats Round Waiters Bread Baskets Cork Screws Wine Coolers Knife Sharpeners Refrigerators Water Coolers. &c. • FOR THE CHAMBER. ACTS FOR THE Tin Ware, Wooden Ware Spice Boxes Cup Tubs Straw Cutters Hair Sieves Mince knives Silver Soap Chamois Skins skewers Gridirons Lemon Squeezers Stew Pans Waite Irons ash Kettles Ham Boilers Graters Larding Doodlers Pudding Pans Bread Pans Butter Ladles Iron Holders Step Ladders Keelers Clothes Lino; Scales Cook's Knives Bread Boxes Scoops FOR TILE DI . SILVER. P Toilet Jars Water Carriers Foot Baths Chamber Buckets Infant's Baths Bevis and Pitchers Distress Brushes Gas Shades Shaving_ /Ethos Nursery Shades Brans Match Holders do Lamm Flower Stands Clothes Whisk es - Nursery Refrigerators do Hampers Wax Tapers Night Lights. lIISCELLANEOUS. Libraey Steps : Door.Vetas Mats Vienna Pah Globes ; Bird Cages Meat Safes Vizsetts Pocket Knives Card de Visite Frames Flasks • Camp Knives I Camp Portfolios. And everything pertaining to a well appointed Household. To be obtained atressonable prizes at the NEW STORE of 33.41,1 E" & RIORARDS, 21Q. 80 FIFTH STREET. First door below the Exchange Bank, SO& All goods delivered free of charge in the lty, Allegheny, Birmingham, Blanchester. Du name borough. eto. ELS.INGRUEG GRAPE. w E CAW FURNISH A rzvvvrersa oa this yalaable Grape at $2 20 per dozen: $l2 60 per /00. J. KNOX. 29 17ifth street QPILDES. SHOVELS, HCOORS ROI& orb, Scythe Stones &o for sale b elyTO 177 La M. y BECKHA LONG. ter Zr * sive 111111 GB 088 HOLLOWAY'S WORK Confeetien 3 mast reoeived and for sale NI se) 09Hodural 611104 L KELLY: Min= IN'II,ELLIGENCE POET OP PITTSBURGH ARRIVED. Itßert:tett. BrOWII dool7lllo. Market Jim Reese, Peel - lee, Elizabeth. DEPARTED. Prank Beau:lett. Brownsville. Gallatin. Clarke. do Jim Reese. Peebles, Elisabeth. LONDON AND INTERIOR Royal Mail Company's CELEBRATED REItIEDIEs BLOOD POWDEB. AND BONE 0 N T MEN D, A certain cure for Diseases of Horses and Cattle. known to and used only by the Company in thei r own stables from lfiti until the openix' ig of the Railway over the principal routes. After tbe gen eral use of these remedies in all the stables of the Company. their annual sales of condemned stock were discontinued, a saving to the Company ex ceeding £7.000 per annum. In 1853 the London Brewers' Association offered the Company £2,000 for the receipea and use the articles only in their own stables. Etates Circuit Court, President. H. F. Hold A. Reir omen Joehne Rhodes JacoL Stnokrath Alex. Bradley Alfred Mack vinexure, C Knit Jos Dilworth W A R C Soh ßeed morts 8 H W Har Ritm an ckets ca R J Anderson D E McKinley WRobe lhmrtson Cochran B F Jones C B Herron BECARTARY a.AD TESABIIIIZa. D: E. AIcUrNLEY. HOIISEKEEPER-S AMUSEMENTS PiTTEnsuitos THEATRE. LefECO and Idanager.....Wm. lizarrnasos. Treasurer -Oviarzwrea. "I A M 3P.1 LAST NIGHT. Last Time of the Duko's Si THIS EVENING will be p erformed THE MALE'S SIGNAL=. Cant Lasardaro Mr. Leveday Duke Gonzaßea - Mr Eames Duke De Nevere Chippendale Cocadass J U h efton Passapoil ..Mr Lewis Princess Isabella Phillips Blanche De Nevere Annie Eberlie Bapita Annie Ward Cereta • Mies Burt A:ambits Ms Mary Becket Duett — Marmuring Sea—Misses Burt and Becket of o oonoludo with tho romantio Gorman drama THE DEMON GABZBLER. Hubert...Frantz. Christine SPECIAL 'NOTICES z. Y. c0nn0mm...... =as COMTWELL 9 CARRIAGE MANUFACTURERS, . SILVER it BRASS PLATERS, and manufacturers of Saddlery and Canine Hardware, NO. 7 St. Clair Street. and Duatteme W. (near the Bridra) mh4 PITTSBILEGIK, PA. POISON NOT THE HEAD WITH NITRATE OF SILVER, IThe CDISTADODO'B HAIR DYE, Certified to be PITRR--EiAIT—MRQUADLED. by Dr. Chilton, of New York, and other eminent Chemists, 10).11 ODIIC ES ANY SHADE ERODE IL rich, mellow brown to glossy black in ten minutes, and contains no ingredient that is in jurious to the hair. CHBISTADOROVit HAIR .IPRESPJAVA.• 'EWE Is invaluable with his Dye, as it imparts the ut.. most softness, the most beautiful glom, and great vitality to the Hair. Manufactured by J. ORISTADORO. 6 Astor House. Now York, Sold everywhere, and appli ed by all Hair Dressers, Price, 60 cents $1 and $2 per licelo.eiceoßding to size. I.llBd3mlmo r h R. T'OBIAS vrawrzAzir x. x N MENT. More Testimony! This is to certify that for the last five years I have used in my family Dr. Tobias' celebrated Venetian Liniment and in every nutmeg. have found it fuliy equal to his reoominundations. I have fonnd it to.give almost instantaneous re lief in ..and of toothache, croup, bilious colic, sore throat, pain in the chest and back and rheumathun. and I cheerfully recommend its trial to every one afflicted with any of the above named diseases. ll rt, . Dartford, Conn., Oct I.6th, JA k VorAILN.K Price 25 ani. 50 cents ab Cort landt Street, New York. Sam .t.; 241 Druggists. aul4:d&w;d&w3we. lIRGEON GENERAL riLILIEHOPM. by ordering calomel and destructive min erals from the supply tables has o.mforred a blessing ovum sick soldiers. Let him not stop here. Let him order the discontinuance of "Bleeding." and the substitution willrandretho Pills in the place thereof. Then commence a "new era" in the practice of Medicine, which would then become emphatically TEE HEALING ART. / acti ha ve ou r d h be cured tauy ghmethrautr nyo odri aad emetic. That the human body could only be "made whole" by "vegetable food"—Animal food being, in fact, condensed vegetajiles. Brandreth's Pills should be in every military hospital. 1 hese Pills curio Diarrhek ronic lan - hea. Chronic Dysentery. and all Fevers and Affeations of the Bowels, sooner and mare surely than any medicine in the world. Brandreth's Pills In these eases should bo taken night and morning. Read Directions and got now style. CASE OF ROSCOE K, WATSON. Dr. B. Brandristk—Nets York Sin: I was a private in Co.lf.l7th Regiment, New York Vols. While at Rarrison's Landing and on the Rappahuecook near Falmouth, I anti many of the Company were sink with bilious di arrhea. The Army Surgeon did not cure us, and I was reduced to stun and bone. Among the com. Pon,' ware quite a number of members who had worked in your Laboratory at. Sing Sing, They were not sick, because they used Brandreth's Pills. Those men prevailed upon me and others to use the pills, and we were all cured in. from two to five days. After this our boys used Bran dreth's Pills for the typhus fever, colds. rheuma tism. and in no case did they fail to restore health. iint of gratitude to you for my good health, I send you this letter, which if meoessarY, the en tire company would sign. I am, respectfully yours, ROSCOE K. WATSON. Sing Sing, N. V. Principal office. i 94 Canal street, New lore. Sold by Thomas titer-sips:Eli, Liikummt A lle Pi tt.i bo ;ch. y. • WALL PAPER, FOR AUTUMN OF HO, A complete assortment of beautiful PAPER HAN011;T( S Of all styles, at prices lower than can be again offered. For sato during the sasson by Pa . B . ItARSHAML, 87 Wood Street. HOOP SKIRT MANUFACTORY, rruaz 117NDElEtSIGNED RE AL SPECTFULLY inform the Public that they have opeivid the store No. 67 Fifth street tinder Masonic Hall, with a large assortment of Hoop Skirts, of every description. manufactured by them selves, and they are_prepared to offer unusual indecements both to Wholesale and Retail Buy era. The material used in the manufacture of our skirts is of the very bast quality, and, bring manufaetured on - .he premises, the work is guar anteed. All skirts purchased at our establish ment can at any time be repaired. We cordially invite all buyers to call on us before before pur chasing elsewhere. as we feel confident that the extefft of our business enables us to offer in ducements not elsewhere to be obtained. GoL D6TE ,k GA RFUNKEL, ae2-3md 57 Fifth aL. under Masonio Hall. CkPECIALTTES AT BANIETIITS DILIIG store, 63 Market street. three doors below 4th street, Rankin's Spiced Blackberry, For Diarrhoea; Dysintery, Cholera Infant= Ranlain'a Datract Eac liy For all diseases of the Kidneys and Bladder Radii/330s Phltocsin°. A hair dressing of intrinsic value Figaro Segara. Rani and Soft Rubber Syringes, Hand My ron, ,ko., at RANKIN'S DRUG STORE, au27 No. e 3 Market street. helosr Fourth. CO-PA ItTNERBRIP NOTICE. %IRE B VS I NESS HERE'TOFORE 1. c-nduated by JAMES A. FETZER, deceit will be contitue t by his widow and WM. C. tdl A STRON who has long been engaged with Mr. Fetzer, un k•thename and style of b'ETZEtt. & ARMSERO G. I reduce and Commission Merchants, N 0.16 Market street, Pittsbnrgh• The rri2ncis of Mr. Fetzer are respectfully solic ited to continue their patroaage to the n• w firm. MAI Y J. FETZER. WM. C. ARMSTRONG. sulaa:Pe aßa ci..'s,lsacravem 3_ Eri re..d.zz a • a, sumac: , a - f.Malz 111 Xf.;, ahlob we esoproared to dclive frosacoz CINELZ TAIL% 601) 7411.13=Nrx mgc Boot (giants of M'am.llls , coca E1TM.7.1 on hazd °smog orrat IDECUEScm. STIMRAP.T 6 CO. Administrator's Notice. I .. .EITEL:B OF ALMILINESTRATION AI having been granted to deceased u rma - tied on the estate of H. S. Nolan la e n of Allegheny county. All persons knowing them selves indebted are requested to mate immedi ate PaYment- and all persons ha against said estate will present themduly authen ticated for settlement. G. L. B, FETTERMAN. Administrator. N 0.137 Eoarth street. an2Btd WANTED Twenty-6i 'lnners arid Sheet Iron Workers on Government Work. stouts extvloY ment and good wages. Apply at /31 LiELII street. Gleciertats. Ohio. ae 2 2-6td. 0. HOLDEN 00, Mr. LqwedaY Mr. Kamen rage Hyatt The germltie brand,
Significant historical Pennsylvania newspapers