DAILY POST. I s _ • -• , 1 the Union as it liras, the Constitution as it Is, 04 - Where there is no law there Is no freedom. TUESDAY MORNING, SEPT. s Democratic State Ticket FOR GOVERNOR, GEORGE W. WOODWARD, FOR SUPREME JUDGE, WAIMEN. H. LOWJUE Democratic County Ticket I'OR PRESIDENT JUDGE OF DISTRICT COURT JOHN H. BAILEY. ASSEMBLY, JANES BENNY, Sr., CHAS. P. WHISTON, Dr. A, G. HeftlUAl DE, JOHN SILL, WIN. WHIG RAH. JAMES BLACHMORE RECORDER. ED WARD P. KEAR NS DEEMED JAMES SALSBURY FOR CLERK. OF COURTS, E. JUIEDLEBURR. TREASIMKR, JAMES IRVIN COUNTY COMMISSIONF.R JACOB KEIL. THRF.CTOR OF THE POOR, W. IL WIGHTIRAAr DEMOCRATIC COMMITTEE OF COS RESPONDENCE. Ist ward—John Roth, let p. sth do—S Cameron 2 i ward—D, H. Haz,n, ?d p. do—F. Felix. Ist p.3d do—S. Johnston 8 h ward—Dr. A. B ack 21 p. do—W, J. Mont l war W.Dunn.ith ward—lB. T. Ward, gomery. Bth d— P. Dn. - waraJ. J. Icas!oni9ii Neeson, I=l rst ward—Henry Fpronl•.lst p. 4th do—.J Beakam 2d ward—W, J. Kountz Ist p. 4th do—A. M Ist p 2d do—Jno, t‘wan, Stewart, 2d p, :1,1 do—P. Luftlar, Shaler—L. Winchell Jefferson--Wm. MaEl qtaler—L. Sturgeon haney, N_Fayetto—J. A. Stow- Indiana--Wm• Boyd, 1114 ,Union — Win. Carnahan. PI ll'L — Wm. Syphers. ! ktobinsou—S. B Guthrie, lure John Hart-, Moon—J acob Lesholl. min, Crescent—J, H Porter, NeNirler—John M. Nes-; PiWiffei—t;CMCityca, bit, S. Fayette--A. Fitzpat- Sewickley—T. Wagoner; rick, t )big—G. W. Cass Scott—B. l Ford, McCandless—EL 'Good, 1 U. St, Clair—Dr. G. S. Hos .—And. Burke. I Hays, Hampton—Wm, Peters,' L. St. Clair—Jonathan West Deer—Neil Dia-1 Shuck, mond. Ba!dwin—Henry Belts- Ea=t Deer—D. Bandie, bower. Reserve—Victor Scriba Snowde- —Wm. Stewart Harrison—Jno Harrison, NI ifll in-1) r. Blackburn, V ersaii les—Henry Stew. i Richland—lsaac Grubbs , Pint —.I as. A (jibson, Willans—Dan'l Wirtz, I Chartiert—.l °reale Bon Collins—P. Kerr, sett. Peebles—Jas. Dignaru, Temperanceville—ll ugh Pitt--C. Zug, McAfee, aortorutts. W. Pittsburgh—C. Auth Elizabeth-Rob. Ualway Monongahela —.Joseph'', a wreneeville „ M'Cague. S. Pit sburgh---J. W.iTarentute—J. B. Fa !on Patterson. harpsburg---John El , E Birmingham---Freda crie, 8. Ihmsen. iDuquesue-- Ist pree, Birmingham— ! stoo, Capt. S. AFICeo, 'McKeesport--Dr. IV, 23 p. do--Geo. Kuhlma! Hill /Manchester—A McNtur. Sewickley—J. Whiteses ray, D-& - The above. named gentlemen wi Etrimkragmemsglerwmar, tm.t. nr•ay nest, 12th inst., at 11 o'clock. OPINION OF CHIEF JUSTICE LO WRIE. This important and able opinion was somewhat marred, typographically, as published in the POET of Saturday. We republish it this morning, and ask every one of our readers to give it a careful and thoughtful perusal. As long as the people have an upright, faithful and an indepen dent Judiciary, composed of Judges like Hon. Walter A. Lowrie, they may rest se cure that their liberties will not be given up to central military usurpation without a struggle. HON. WM. D. KELLY We have received a communication from this gentleman, denying the statement of our Correspondent " Union," in relation to Mr. KELLY'S remarks the other evening in Concert Hall. Mr. KELLY states that the note sent to him, by our correspond ent, was not received until he wee done speaking. The Hon. Wet. D. KELLY clo ses hie communication, by expressing his belief in Gov. CURTIN'S honesty and pa triotism, which the Gazette of this city will regard as being one of Mr. KELLY'S live lier flashes of humorous sarcasm. THE DISFRANCHISEMENT OF THE /SOLDIER We fear very much that the genius who is installed as the editor in chief of the Gazette of this city, is about degenerating days ago, he denounced Judge Woodward into a mere pettifogger. Some ten or twelve as an enemy to the soldiers in the field, because he decided their votes in camp, outside the State, unconstitutional. Wo replied that the decision. complained of, was giver in a case which ousted Mr. Ewing the Democratic Sheriff', of Phila• deiphia, putting in his place his Republi• can competition. In this decision Mr. Justice Reed a Republican of the cams bench with Judge Woodward, entirely agreed. These facts confounded on r con temporary, and now, after a week's con sideration, it yesterday replied to us as follows We are well aware of the political aspects of the case in which the decision was made, and thpuohi toe 85570 in it, at the time, a striking evi dence of the adroitness of our Democratic Judges, in availing themselves of an exceptional and iso lated case, of a regimental vote on their own side, to establish a principle which to the well understood fact that the soldiery, as a general thing, were either Republicans at the start, or sure to become so before they had been many months in the field. These men were looking to the future. with an eye single to their own pros pective interests, if it did not also occur to them that the disfranchisement of the soldier might help to cripple our armies by rendering the ser vice unpopular. Whet was a single Democratic Sheriff to them, provided they could establish a reputation for fairness, and thus provide fortheir party and themselves hereafter? The sagacioudauthor of this, two years ago, "saw"lhat a decision, which turned out of office a Democratic Sheriff—the most lucrative public position in Pennsyl• vania—was intended to operate in favor of those who made it. When we recut that the nomination of Judge Woodward for Governor was forced upon him, and that his term on the Supreme Bench does not expire until 1867, we will be able to appreciate the sagacity of the individual who "saw so far in prospective. As to the soldiers' vote, all we desire is that, they be, porplittedto vote according to their judgments ; and if they do : mot ert i e 4 a policy which. in the name of the Union, Abolitionism has been perverting into a , naked struggle for negro emancipation, then we will agree to be disfranchised for the balance of our life. If the soldiers in the field are content to risk their lives, in order to give freedom to half civilized slaves, and shara with them afterwards the elective franchise, then popular gov ernment is but a farce, and the sooner we abandon it the better for us all. Bat this fortunately is not the case. The soldiers in the field thoroughly understand the con• dition of our affairs ; they enlisted to re store a Union which they loved, not to enfranchise, and make equals of, an info. 1327EME1 As for Judges Woodward and Lowry, the first has two sons and the second one who entered the service in the hope of being instrumental in rescuing from dis solution an imperilled Union ; not that, stay at home, Abolitionists might use their blood in experiments for negro emancipa tion. What prating Abolitionist in the State has done more for the war for the Union than either of our candidates? Some of their assailants, we are aware, have sons in the army also, but it so hap pens that our candidates' representatives have made their mark in the field, while some, we have heard of, exhibited that sort of discretion which never accompa nies genuine valor. Yet, notwithstand ing this our candidates, and their sons in arms, are "copperheads in sympathy with treason," while the mere brawler and swaggering inebriate, is the embodiment of all that is loyal in the land. How shamefully words: have been perverted, when we have lett no meaning for the proud terms of loyalty and valor, only as some blatant and noisy demagogue "sets it down in hie vocabulary." Declaiming milksops and blustering poltroons have ob scured modest valor by their noisy pre tensions ; and, from Cassias M. Clay and Ben. Butler, down to the fussy abolitionists of the Gazette, we see mere pretenders, hoping to keep pace with true patriotism by the utterance of loud declamation and e44y volubility, eulogistic of their owV immaculate loyalty. Such "arrant knaves," had they any sensibility at all, would know that the people have them spotted; and that they ar3 regarded as being more pretenders, having faces and feelings insensible to shame. These mouthing poltroons will question the courage of their betters, although not one ofthem, if in the field would attack a bull rush if the wind was not in this favor. We have fallen, certainly, upon strange times, when a brawling blatherskite, full of egotism and—something else, is every day heard questioning and assailing the Patriotism and loyalty of men whose pri vate and public virtues he is incapable of even appreciating. We would have such a fellow whipped for excess of pretension, and s•o comm end him to the tender mer cies of our vigilant Provost Marshal. Away with him. large and enthusitotic Democratic meeting vas held last evening in the Dia mond, Allegheny city, which was address ed by Messrs Wills, and Lawson of Ohio. There were several attempts to distract the meeting, by ontsiders, which was sim ply disgraceful to the parties concerned Tgiad Talk, nor intimidated by any amoun of bluster. A. I. John caAi RMAN Insomuch as the Abolitionists of this County are to have their candidate here shortly, we have thought proper to publish the following elegant extracts, in relation to him from two abolition organs of our city. [From the Pittsburgh (laze e. Aug. 5 , A Parting word to the Convention. The delegatee to the State Convention are now amongst us. Before they proceed to their duty, we have a word to say to them. We had reason to believe that Gov. Car tin, notwithstanding his ostensible with. drawn!, was a candidate for renomination, and confident that he would be success ful. WE FELT ASSURED THAT HE COULD NOT BE ELECTED. WE KNEW THAT HE OUGHT NOT. IT BECAME OUR DUTY, THEREFORE, TO SOUND THE ALARM, AND EN. DEAVOR TO SAVE THE PARTY, IF POSSIBLE. We have endeavored to show that he im posed upon the soldiers by farming them out to his friends, and then denying that he had employed them. We have exhibited the record to estab lish the fact that he had approved a bill, acknowledged by him to be wrong. WHICH ROBBED THE TREASURY OF MANY, MILLIONS OF MONEY, that as the conditions of his approval, he hail taken an agreement for the State, which he abstracted, and secretly snrren• dered to the parties who had given—and that when interrogated by the Legislature, he confessed the fact and offered as an apology a reason which is shown to have been 111 . 1.071 r . And we have inferred from all this-- without referring to other mat lers —TII AT HIS NOMINATION WOULD BE DIS. GRACEFUL TO THE PARTY AND MS ELECTION IMPOSSIBLE—as the general desire of Copperheads that we should take him as our candid tte, proves it to be, in their judgment, as well as ours. All this we have been compelled by the necessities of the case, to do, in order to save the cause from irretrievable ruin. The Pittsburgh Dispatch, which has always been sensitive about negro flogging South, but delighted with soldier flog ging here, in its issue August 6th remark ed : "With any man of ability, clear record, and above all honesty, the triumph of the anion party is secure; THE NOMINA TION OF CURTIN WILL BE TANTA MOUNT TO DEFEAT TO THE PARTY, and for this result the Union men should hold the Convention personally responsi ble." A Look into Futurity. Hon. Wm. H. Seward, in his speech at Lacrosse, Wisconsin, in 1860, said : "What kind of a government would it be if we elected a man we did not like in stead of a man . we did like ? My impres• sion is that itwould be a government not differing very far from the Empire of Austria, wherethey always manage to elect a Mali whom thelleOple' do not like, and where they have an admirable way of ea 'wing the Union - by organizing an - army of 600,000 men, armed to the teeth, to main tain the man whom they do not like." A DAMNING RECORD Opinion of Judgo Lowrie COMMONWEALTH OF PENN'A, EX RELATIONE, MCLAIN, BERG, HERWICE, FARQUHAR, HARRIS AND BARKLEY, CAPT. E. S. WRIGHT, PROVOST MAR• SUM., AT. Six Writs of fishes& Corpus, b.fore Chief Justice Lowrie, for the release of the relators, held as drafted soldiers. OPINION of the Chief Justice on the ju• risdiction of the 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 office:. In the sec ond 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 his 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 statejudiciary ; 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 he 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 my long entertained COO ViC lions, 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 slate 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; tar they do not devote more than four or five sentences to it in all their publish ed opinions. See Am. Law Reg. of Aug. And there. as here, the case was under the act of Congress of leti . 2, and the State draft. That/ seem to found their decision on the opinion of the Supreme Court of the United States in the case of Ableman vs. booth, lioward, :ion. But that case decides only that a prisoner cannot be taken out of me custody of the Judicial Department of the Federal Government by means of a habeas corpus issued by a state Court. I do not understand the Chief Justices of the United States to have meant more than this; and if he did, he meant more than the case railed fur, and all beyond is mere obiter dictum, and can not be taken, by itself, as sefficient 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 that disorder that decision arose. It was questioned in our Sate in the case of Passmore Williamson, and twice deci• ded to be correct . . 2 Casey, ti ; e Wright, The point ,Icei,l(d in those cases does not at all rupport the ejection now under consideration. Judges are the functionaries appointed for the trial of rights, and they may eerstnit for trial or hi consequence of it as a part of their general jurisdiction, and therefore they are not expected to show their au thority for any particular act of imprison ment, except by their records, and ..to Live, le : glide - the and military functionaries, having no such power, must justify their restraints of liberty, when their legality is disputed, before the judges to whose functions such questions finally bel sng 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 regular ledges of his rights, and by due course of law. This has been the law of ourselves and our ancestors for several hundred years, and wo have always found it conducive to liberty, and in very rare instances has it been used in a disorderly way; though it does require the judiciary very often to interfere with and set aside The acts of the v •ry highest offieerr, of other departments of the government. No conflict, between them, on this account, is at all probable when each to sincerely desirous of being guided by the Constitution and the laws and ordinary usages of the country, as nearly as is reasonably practicable, and when each is reasonably respectful of the functions of the other, as each ought to be. This is the nature of the writ of habeas corpus that is secured to every une by the Constitution of the United States. It W WEi an institution or remedy so well known that it is not described in the Constitution, but merely named. It is, substantially, at least, the habeas corpus described in the Statutes If; Chas. 1, and 31 Chas. 2, though not always limited as they were, and these were substantially in force by adoption or reenactment in all the States of the Union at the time the Federal Constitution was adopted, and this declares that the privilege of or right to this writ or suit shalt not be suspended, unless invasion or rebellion make it neces sary. 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 by the Federal Constitutiop, except in this liability to suspension. It is a man's right to bring his suit for his personal lib erty, and have it promptly tried. Why, then, shall it now be said that Federal officers shall not obey a habeas corpus issued by a State Judge The Chief Justice of Michigan says, in Spang ler's case, that, because an offense against the United States is egclusively cogniza ble in the Federal courts, therefore " exercise of power under such authority is equally under such exclusive jurisdiction." But, alter a sincere and respectful effort to see that this consequence follows, I confess my inability to do so. The learned Chief Justice quotes Chancellor Kent for his premises, but not for his conclusion. But on the preceding page of the Com mentaries; p. 440, the Chancellor lays down the rule to be, that, in an imprieoq ment by a Fedrral officer by color" or gn• der pretext of Federal authority, not judi cial, the State and Federal courts have concurrent jurisdiction by habeas corpus, and he cites many authorities for this. Another of the learned judges in Spang ler's case says, " there is enough appear ing in the case to show that the commis sioner in good faith, claims to hold the re lator under Federal authority; that this authority is not a mere pretext, but that the commissioner and the authorities nn• 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,,aud not to the State courts." Llere again I must confesss my inability to perceive how the conclusion billows from the, premises. The sincerity of the acts °tile federal officers does not seem to me to prove the exclusive 'jurisdiction of the federal courts in rAfition to thim. rather incline to thinltlhat the learned judge did not intend so strong an inference. - I find, therefore, no authoritative de• cision that excludes the jurisdiction of the Sthtejudiciary 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 offi cers, 3 llinney 512, 7 Barr 33e, 12 New Ham. 194, 11 Mass. 63, 117, 83, 24 Pick. 227, 10 Johns, 328, 7 Cowin 471, 5 Hill 1G; Sergeant on the Corset, 283-7; Herd on Hab. Corp. 1114. Judge Story, in Lis 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 conchs. live, 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 shrine 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 tinder federal law, and require them to he guided by it; and they may arise us 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 clusive in such questions. Yet in the exer cise of it, I admit the wisdom of the remark of Chief Justice Tilghman t het "this power should be exercised with very great caution, and never where there is any reasonable doubt." The State judge, to. deciding upon a federal law• ought to be extremely watchful that. no State or local opinions, prejudices or excitements, should so in fluence, his jutiginent as to cause him to misinterpret or ntisapply a federal law, which is intended to sate up and express the general thought of the nation on the subj-:it of which it It -ale, and not more State or local thoughts. The federal Constitution and those of all the States secure to every man a judi dicial trial ter all his rights of life, liberty and property, and the habeas corpus is his regular and usual remedy or suit for his liberty. /141 otl.er,, are fur his property. There is etlehg lei elefr about it to make it a special object of federal suspicion, and there is no very tanglltl , ground rot striking at it mar- than a: any oth, r judicial remedy, unless it be that it is more speedy: because personal liberty is dearer to man than other rights. It is a suit tier a man's right to himself, as debt, replevin and ej.ctment ere suits for his right to his money, his horse or his land The obytetion relied up sin, therefore, reaches much beyond the remedy by habeas corpus, and founds itself upon n much broader principle.. It is this, that the exercise of ).,veer un•ler a claim or federal authority ran In' ci,rriplained (2 -,,ain;:t only 10ri . “7( the ~ i trts : and it is ibis broadly stated by the Chief . usti, e GI Michin in Spanglcr'z case. In other words It is this: It" here any ant net titiottnrr inft;t'rights hare been i 'y ore ,/ thereby. I am unable to state the princi ple ie any narrower form . Why then are .State Judges sworn to support the Federal Constitution, and by the law+ nyttle tinder • it, it their authority (-Ids, when a toes , ion of letlerid law is raised This cannot be. It never has been so regarded, fled enrely we can have no better evidence of what is the actual law ct the land than a reason a . lily uniform practice: unless it be statute law. The history of our jurisprudence pre,nounces apieet the broad principle which I have ctieed, Led that is its cenele sive condemnation. And we cannot avoid this consequence by lituitiug the principle to habeas corpus cases. That would be a mere arbitrary limitation, because found ed on no reason. And it would be fruit less too: for it has always been 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 other cases of claims to liberty.— And I doubt not that the records of the State Courts here Pittsburgh) would show hundreds of such cases; 1 have tried Borne of them myself: but only two since this rebellion - broke out, one of which I have already alluded to, and that wed 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 the law. But if the broad principle which I have stated be true, then all this must. be given up. eiay, 'mire than this; inuelf more.— If a federal marshal wrongitilly arrasts a man, or wrongfully uses him when arrest ed; or wrongfully seizes any man's prop erty; or ejects him from Lis land; or a military officer wrongfully does the like; or imposes the punishment of the whip• ping poet; or arrests and forces into the army one who is nut drafted or enlisted; or if an army surgeon wrongfully and by plain mala prarfs 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 citizen has no remedy in the state courts, but must seek the much less accessible federal forums. ThiA would be a partial denial of the right, by rendering suits un duly dillicult 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 hinieplf, Le we; bound to dn• fend himself there, and the state COllll3 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 full effect to such defences, and therefore it has been thought proper to require that, in such cases, the Su preme Court of the United States should have a right of review. No doubt this rule is necessary, so that state judges may not become merely arbitrary in their deal ing with federal law, and if it does not apply to habeas corpus cases, I do not now see any reason why it may not be made to do so, under proper restrictions. But, and I say it with great respect, I cannot avoid thinking that, in the light of all our previous practice, this objection indicates an undue suspicion of the state made. I know that, in the trying circum stances hi which the federal government 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 element of all nate 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 carefallyavoid 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 now causes of distrust. Rea son, as well as law, therefore, 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 I 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 au 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 pits and erect barricades in those paths, and pro duce all sorts of evasions and disorders in he 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 bar. mcny with social usages are such that its IT/noire is sufficient to suppress 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 corms 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 ; Oho' 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 multiplied in every State suffi cient to meet the demands of such a prin ple, 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 cautions, candid, generous and free from paria in 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 'adzes with the administration of ouch - federal law as ordinarily comes before them, and they will generally do right, as the experience of three quarters of a cen tury has proved. lint put upon them the mark et' Lidera! distrust, and you invite the people to regard federal law as some thing alien to their system and suspicious in ;is character, and therefore as a law tha' is to be opposed or evaded. the pena ty of the Habeas Corpus act to eat •rtaiu Jurisdiction of this class of cases. and the respondent, under the same pen alties, must obey the writ. If the relator eppear on the hearing to have regularly become a soldier, he must answer for all milliary offences committed , after that, before the military authorities and not lief re the, civil courts. ifor rill.- to shc T oßiicanse why an attach :now honk! not issne against. Respondent for want of sufficient return—returnable on Saturday, September 12 at 9 o'clock, A. T U E DAILY COMMERCIAL 'leis is the name clan exceedingly hand some and ably edited daily: paper, which has been started in our city, under the auspices, as the Salutatory informs us, of a committee of gentlemen. representing the "leadiug business men of Pittsburgh. " What the partienlar interests are, alluded to dy our welcome colemporary, it does not inform us, but the reader may readily infer them by the perusal at the fJllowing par.igraph. The G'iminiertia/ remarks : 11', decw it the du!y uf uatriotie to 10, , ) atylohltleaLs, Win!o rifigeign war, a rvl. , 1,11 01 the inagilitUtle 01 the (resent ex ,s , s. Ua all ,uch oggihdpus every good citizen 511001 d support the Federal and Eita:e tration in defending. the National Flag." 1\ ti trust that we are naither intrusive or impertinent if we announce—whht every one will soon know—that, this new paper is started as the special advocate of Andrew G. Curtin. We deem this anuouncumeut nczessary, in order that our readers may properly appreciate its no-patty professions; and in order to illustrate the character of its candidate, we direct attention to the following from the Pittsburgh Gazette of the Pith nititwo : We have reason to believe that t4over nor Curtin, notwithatanding his ostensible withdrawal, was a candidate for re nomi nation, and confident that he would be successful. We felt assured that he could not be elected. We knew that he oughs not. It became our duty. therefore, to sound the alarm, and endeavor to save the party, if possible, We have endeavored to show that be imposed upon the soldiers; by farming them out to his friends, and then denying that he had employed them. We have exhibited the record to estab lish the fact that he had approved a hill, acknowledged by him to be wrong, which robbed the Treasury of many millions of money-- , tbat as the condition of this ap• proval, he had taken an agreement for the State, which he abstracted, and secretly surrendered to the parties who had given it—and that when interrogated by the Leg islature, he confessed the fact, and offered as his apology, a reason whioh is shown to have been untrue. This la the candidate whom the new paper has been established to support.— Although no name is announced in the Commercial as its ostensible editor, we think we observe in the easy and graceful style of its editorials, the thoughts of an old and able cotemporary. If we are right in our conjecture, we welcome him back to editorial life, and although a gen • tleman of bulky and undue rotundity, we expect to have with him, professionally, an occasional " wrestle and fall." Burnett's Coeottine, Only 30 cents The most complete assertment of pure and genuine Drugs, Medicines, Perfumery, Liquors, Soaps, Hair l3rushes, &c., to be round in the city. DRAKE'S PLANTATION BITTERS, Wholesale and Real) at lowest pri ^OS. SIMON JOHNSTON. corner Smithfield and Fourth sts TELEGRAPHIC. Reports From Lee's Army MOVEMENT ON MOBIL ABANDONED, REBEL INVASION OF LOUISIANA Steamer Wrecked on Lake Superior. THE KENTUCKY INVASIoN, LATEST FROM EUROPE flie., &e., ate., OLT. New YORK, September 7.—A • head quarters dispatch of the Gth to the Herald says: Prisoners deny that Lee is receiving any large reinforcements, and say the army is being rapidly depleted by deser• tion. This is also confirmed by citizens who have come inside of our lines near the vicinity of the river and Culpepper. Passes for over 30,000 contrabands to go to Washington have been granted since our army came from Maryland: There is now scarcely a slave to be found east of the mountai: s and north of the Rappa hannock, except those too old for service or too worthless to enjoy freedom. Oa Friday a portion of BatOrd's cavalry crossed the river at United States Ford, and traversed the rebel country some dis tance overland, but saw no rebel troops except a few pickets, who fled when our cavalry appeared in sight. It is not thought the enemy have any troops, save a few cavalry pickets, between the Rappa hannock and Rapidan rivers. The sani tary condition of the army is rapidly im proving since the return of cool weather. A Times dispatch dated Washington, September Gth, says that the statement by the Times that Quartermaster General Meigs had been moved by being sent into exile on a tour of inspection, is true. The statement made by us that the Chief of the Ordnance Bureau had also been removed, is likewise true, Another great bureau of the War Department will soon have young blood injected into its adminis tration. A New Orleans letter to the World, dated August 28th, describes the military and political situation in the Department of the South. Tno movement on Mobile had undoubtedly been abandoned. No indications of such a movement was ap parent, and the situation of affairs in the army and navy seemed to preclude the possibility of it. Preparations were going forward, however, which suggested a new and interesting campaign. Th..? Confederate forces, who, since the vacation of Brashear city, .have not been idle on the other side of the bay and along the Teche, were understood to be concen• trated for an offensive raid or invasion through that part of Louisiana supposed to be held by our forces. Rebel forces were gathered at Martinville, New Iberia, r muslin an❑ vamp Brieland. The plan of the rebel campaign, as stated by desert ers, contemplates a march into La Fourche, once conquered by Weitzel, and again recently in the hands of General Banhs. ' CIIICACO, September, 7.—The steamer Planet arrived this forenoon, bringing news. The Steamer Sunbeam foundered on Lake Superior, on the '2S th o f August. All an board, except the wheelsman, were lust. The wheeleman lashed himself to a piece of the wreck, and after floating thirty hours was washed ashore at Port. age. twenty miles from the scene of the disaster. He reports that the Sunbeam left Su perior City or. Thursday. Early next morning and daring a gale the steamer was struck by a heavy sea which rolled her over on one side. The small boats were immediately got out, and the passen •;;ers, and crew being pat into them, when the vessel was struck by another heavy sea, and commenced breaking up. The rescued men saw the boats filled with the passengers and crew swamp soon after leaving the wreck, and is certain that all were lost but him. The Planet picked up portions of the wreck, which was Hooting. about for two miles around where the vessel went down. ger passengers and crew numbered thir ty live. LOUISVILLE, Sept. 7.—A special to the Journal, dated the 6th, says: The rebels Hamilton and Hughes came into Colom bia with six hundred men. Hawthorn, with two hundred and fifty to three hun dred men, were eight miles from Glasgow, and small squads two miles nearer Glas gow. The Journal thinks the number ex aggerutcd, CAPE RACE, September s.—The sieam• er Scotia, from Liverpool on the 29th and Queenstown on the 30th, passed here this afternoon with three days later news.— The American ship, Anglo Saxon, from Liverpool tor New York, was burned by the Florida twenty-five miles South of Kinsale. The latest rumors say that the Ar oh duke Maximilian will decline the Mexican throne.' Cotton buoyant, and advanced Breadstufia dull. Provisions are quiet. DIED: On Monday, Sept. itb, Dr. F. McGRATII, in the 45th year of his age. Notice of the funerai will be given in the evening papers, OBITtARY DIED in Methis, Tennessee. on - Vriday, 28th ult., WILLIAMU. CARR., EBQ. The deceased, having married a lady of this city, was well known to many of our citizens bY whom he was held in the highest esteem. die was an eminent member of the mphis bar, and possessed largely the respect anti confidence of his professinabethen. and the affectionate regard of the inhabitants of that city. His elo quence sips of a very high order, it was not the shallow, puny- rivulet of mere words which too often usurps the sacred name of eloquence, but the noble resist.ess Bow of a vigorous and culti vated unders *adios: Through deep yet clear, throng gentle, yet not dull; Strange without rage, without o'erflowing fnlL The social qualities of Mr. Carr, his wit, gen tleness, frankness, and generosity, endeared him to all who had the pleasure of his acquaintance. The hand of death has been laid upon him. in the prime of life, and in the midst of usefuineat ibis many friends will not soon forget the genial ecmpanion, and the warm steadfast friend. but will take a melancholy pleasure in cherishing his memory, and " keeping it long green in their souls. Miff A Y ELEV.& TORS, WIVE( Awn -ILK Friction. or Common i rdafor sale by BBC k LoNa. lu4 o 147 Liberty deed tO-31iATI,DVEBT18113111ATEI. U 2 , ..'4.': Wte,000..0• E-1;:'«gF o g CD r.c= -' .4414 2 - V-1 0 74 ''' II I-4 5,-.... ~,fog. ; ,1 V, 2.gitgp, :s0 6 z 4 , -.4lgggr , P-4 2 gr. _, la ~ 0t.A..., 5 -•A•—piTi r. K.42NgaEr:Vpi P 4 g ' 2. ° w 4 i 5 .4 i 0 m FP L!,m - 4 t 47:12vr,.G°: • E-4 ,04,.,-. A e ~g ; VI' gM ~. ...,zre°,4,2t. .. 0 ., _ "0 -.L.....1m. H 6.6.1,.., 6.1,.., pvtl4str,E-Lelq "" I ••• Ot .6 g ;Li S,IfA lA, 'e., q c= , ~1:44,5..r 6 ..... 4 M 010°E.TIog=_°r - PI g is. zfo?l've,t,,i 4 = • w.-2,;!:115T 1 sA ei4:l7E-41 • .Y dr: 11,.,g °,O . —n 7; ;;., r--. 0 = Mta.o,,,ial;, E..... 01..e.d.e 81:: 6 ° —...,1 o t ea Ix-f.l ga ~ ix i 4-4 -- =,— ^' .....1 Z MIA '4 PITTSBURGH MUSIOIL INSTITUTI, Corner Ponn and St. Clair E's. 341 R. EDWIN SHERRAT, INTENDS JI commencing two cusses on Tuesday, Sept. 1863. One of these oltvses will meet in the afternoon and the .other in the evening. each class to meet twice a week. via; Tuesdays and Fridays. , lours from 4 to 6, and from 7% to 93 : 4. Exercises to consist of a course of lessons in the Rudiments; a course of lessons in 138.911111P8 Voice Training; a coursesof )arsons in Harmony, tore; ter with Glee, Choras and Church Music. Terms for either of the classes, in advance, '&5 per session of four months. Private lessons in vocal training. $l5 per quarter of twelve weeks, two lessons per week. N. B. Farther information furnished at C. C. Mellon, 81 Wood street, or at the rooms. and a circular secured- ens-td ALAUPTON, OLDDEN d CO, are putting on a superior GRAVEL ROOF. All work promptly attended to. Othoe corner Fifth & Wood sts , 2d story. sss MEDICAL CARD, F. X. DRROLETTE, M. D., From the Medical Paolalty of Paris,_France. Ex Intern Resident Physician) of Hotel Dien, Charity Ilospital3, .ko. Date of Diploma, 1823. OFFICE 57 GRANT STREET, St. Nicholas Building, Consultaticn GRATIS every Tuesday and from 10 o'clock to'l2 a. m., and from 2 to 4 p. m. sea Good Furniture at Auction. /lAN THURSDAY MORNIFO. SE (.I`. 1.5.10 th. at 10 o'clock at the Masonio Hall Auc tion House, 55 Fifth St, will be sold a Walnut Field Post Bedstead. Superior Walnut High Pcst Bedstead. Walnut Sofa Seat ltocker, 6 'Ma hogany do do Chairs. Walnut Card Tab.e, Ma hogany Bureau. Side Board, Walnut Sewing Stand, Extension Table, new; Dining and Kitchen Tables. Cane Seat and Covered Chairs, Wash-stands, Child's CribiFeather Bed, Lounges Counter, Office Srovo, Carpets, Floor 011 Cloths, Dishes, Kitchen Utensils, /sc. T. A, AII'CLELLAND, std Auctioneer. n 8 • E 9 '• a. CP:3 kl t:J P 0 = c DU -l'l I. i c 27' 051 ADIES' CONGRESS GAITERS, Ladies' Side Lace Gaiters, Ladies' Front Lace Gaiters, CHEAP I CHEAP!! at DIFFENBACTHER'B, No. 15 Fifth street PURE WINES. ff REG LEAVE TO ANNOUNCE TO Mir 11 numerous friends, and the public in general, that I have received a large lot of the choicest brands uf Oerman Wines, Claret and Catawba, the superior qualities of which have long been estab ishcd. Old Lager Beer -constantly on hand. J. ROTH, ses-‘ll w 26 Diamond. 'ANTED, A, GOOD DRESS MAKER. ses-ltd 104 Fourth Street. 0 P E N 1 N Gr New Fall Goods, HUGUB & HACKE'S, Corner Fifth and Market arrears. BCERHAVE'S BITTERS, BCERHAVE'S BITTEBS, BCERHAVE'S BITTERS, The Great Cure for Dyspepsia. Tho Great Cur for Dyspe. The Great Cure e for D7Bileps psia ia. Selling at Half Price by • SIMON JOHNSTON. corner Smithfield and Fourth street au 22 Administrator's Notice. LETTERS OF ADMINISTRATION ha been irranted to the unde , signed on the estate of Wm. U, W hitney deed, late ofBixth .. Ward.city of Pit'sburgh, ail persona knowing themselves indebted are mutated to make im • mediate payment and all persons having any claims against said estate wiilprasout them duty authenticated for settlemor t. se4 - 6td NJ SAMUhai ALLINDER /3 Ath WAG stmt.inlithOntnt. , ! _ l cl . PiP H tit o Co ~J m 0 ..1 n M' il ''.3 . 0 Z Z 0 (.9)
Significant historical Pennsylvania newspapers