Amusements.
11101DITTSBURGH THEATRE.
Lessee and Manager Wm. 11Exnvnr.t:
Treasurer H.. OVEILINGTON•
Second night of there-engagement of the popular
artists. Miss CHA.RLOrrE TnOMPSI)N. who
will appear in the new character, written ex
pressly for her, entitled Donna Inez.
THIS HVENING will be presented the beau
'tiful new play in five acts. entitled
CLOUDS WITH SILVER LINING.
Donna Inez _Miss Charlotte Thluipson
Ferdinand._ MT. Chippendale
Oonrad ............ ..... ..... C. Loy' edas
Diego
Overture ~r chetr
To conclude with
THE LOTTERY TICKET.
Wormwood
Stman
Auction Sales.
VERY CHOICE DOORS AT Alit".
TION n ,-"aturday .tl Monday evenings,
November 7th an • rth. at hla.onlc Halt Auction
House, 55 Fifth street; a new to ju:t reiceivm.
In the coilecto, may he found : liogarth's
W, tits, 2 rots one-half ca iko dnch's Animal
Bingdotn, 2 vol., urke3 „.U plates; The Hone
of America, by F auk F r:est, 2 vols. plates;
Ure's Dien°. 1I y t the Arts and - ciences, 2 vol-,
16(0 plates; Washington , rvaig's Complete
Works 22 vol;; The \ of George Washing
ton, by Spark., 1! volumes; Life of Per:dui:tin
Franklin, 11l volumes; o ;Ters Peninsula War
6 eels; Clark'; Comumntarms, complete 4 vole:
Leigh Hunt'. works 4 \ols. ono-half ra:t;
workk. 5 vols; If England 6 vole; Mary
att'd Novels, 11l vols The Stateman's w anual, 4
yOuE, plate:; Bancroft's H:st ry et the (..n-tea
State, 8 vole; Addison's Spect r 8 vole, very
fine eiticn ; the complete aksFeare,
4yron, Barns, .1.4,,0re, Dick, ilut•rch,
Chambers, &c., , ti e Faintly 13 blcs,
Photograph A; bt.ms. ease and Paper.
Gold Pens ,Sc .p.sit ve.
T. A .11't I. LLA NI , A uenon cer
PRAT 15 TilEtt. Sates:net, no 7
Meetings, Notices
the Act fully in their bills, and they corn-
OTICE TO sTOCK LHERS. 41. plain that they have bee:: drafted into the
speial meeting of the Ezto'l, holders of the •
military service of the Government input
Pittsburgh & Itadlio.,,i oompacy
will be held bt the oit i the .t.titt,rty, to the snares said enactment. hot that th
city of Pittsbur g h, at o•ed ek eti., r] hS-
t
DAY, the 12th day of t.etblier. A D. "OS, for same is unconstitutional and void, aril
the purpose of accepting or rtjee' tog the
i*tg named Acts ard dtp etnentl, dby the that the defendants, who are engaged ie
General Assemble ef the Coulootoweatth of Penn-
Sylvania, at iii, la executing the Act, have violated the rights
••An set to
repeal the ninth iection ore as authoriz.ng the ! and are about to invade theersonal lib
laying out of a • tote the Borou‘h of p
Orwigsburs.. oourdy. t w
teret cc a erly of the plaietifbs, and thereupon they
public ro d leading front E,.ton to Alaueb Chunk , ; i nvo k e Lie equitable interposition of this
and for other curler " approved the tint day
of April. Ity A supp't LI, to an art to treo:• Court to enjoin the def. ndants against a
porate the i'd.tehu L ottite.l.4vti.e liadr , ad t
Coml
tany, - ai.do vett t:.e 1,1, day •At, it. A D. farther execdt no Of the said Ac'.
1863, A:so, •• A rut plc. cot tan art illeorhe For the jun of thi s C on: ,
rate the Sate Harbor and rime,
ROEL.IC means,et caer.:..ll pr, ed the lath d .3; aside an act of Congress as unconstitu
of April, A. D. belt tional, and to grant the relief
1 HOS, preyed for.
BLAIR, I refer myself to the. views el tee Chief
CY o US P. MA
JOEN A, CAUGHET, Justice in the opinion he has just deny
if MA tt STU e, ered in these cases, and I come at once to
tiIAI
It. , the constitutional question:,
I I 1 ,Att,
11. 111 . 11d1W1'. The Act begins with n preamble which
1 it • t itil.Nctot 111. recites the existing insurrection arid rebel
liaa L. It. DA VI
•‘{- 11A
lion against the authority of the Citited
; 4
It Fates, the duty of the Government to sup-
PittAurgh, 1863 rot_-.• ft press insurrection and rebellion, to cur
enter- to each State a republican form of
government, and to preserve the public
tranquility, and declares that for these
high purpose, a military force is indispen
sable, "to raise and support which all
persons ought willingly tit contribute. -
and that no r3t-P, ice is more praiseworthy
and honorable titan the mainthinance of
the- Constitution and Union: and then goes
o n to provide for the ertrellirg of tie the
able bodied male eitiz-ns of the 1.. 1 kited
States, and persons cf foreign birth,
who have declared their inteettou to
bt-come citizens, between the ages of.
twenty-one and forty five years, and
these able boric d citizens and fireign
cry, with cerain exceptions afterward
enumerated, are deciure d " the national
forces, - and morel, liable. to perfort,- tru:l
Lay duty when called out by th; Presi
dent. dhe Act divides 'he country it to
military districts, corresponding with the
congressional districts, provides for pro
em.: marshals and enrolling boards, and
reguiates the details of such dr tits t. 9 the
President shall order to be made irom the
national forces so enrolled. The payment
ef s3oo;excuses at v drafted persoa,so that
it lain effect,a law providing fora compul
sory draft or conscription of such citizens
as are unwillin g or unable to purchase ex
emption at the stipulated price. It is the
hest instance, in our history, of legislation
Lircing a great public burthen en the poor.
Our State legislation which exempts men
woo are not worth more than $3OO, from
paying their o•vn debts, is in striking con
trast with this conscription law, which de•
valves upon such men the burthet: which
belongs to the whole "eational forces,"
and to which "all persons ought willingly
to contribute - I This. however, is an ob
jection to the spirit of the cuac.ment retell
, t- Lean to its constitutionality.
Ike description of persons to be sue.ll ,
ed, able bodied citizens between twenty
aci forty five years of age, is substantially
the description of the militia as defined in
our Pennsylvania statutes Rod probably in
the statutes of all the States. Ihe nation
ai force -5, then, mean toe militia of the
States—certainly include the militia of
Pennsylvania. This expression, "national
f tic es, - is modern langnage, when so ap
It is not found in
I ' OElB, either State or Federal, and if used
commentaries on the CG113 , 1 , 1'1.7 , n, and
iu history, it will generally be tied ep
ptirel to our land and naval t tr,-6 i n ac
tual service—to • what may be eat' sd our
sett.dtrc army. It is a total fiesnerner
applied to the mi,itia, for the militia
.s a State institution. The General Gov
ernment has no militia. The State mili•
its, always highly esteemed as one of the
bulwarks of our liberties, are recognized
in the federal coizstitation. and it is not in
the power of Congress to obliterate them
merge them in "national forces. -
Fakes there is more magic in a name
thret has ever been supposed, this con
scrite law was intended to act upon the
Sttee militia, and oureq'nestion is, there
titre, whether Congress has power to im
press or draft the militia of the State. I
cannot perceive what cbjection can be ta
ken to this statement of the question, fur
surety it will not be argued that calling
the militia natiottai forces. makes them
something else than the militia, It Con
cret; did not mean to draft the militia
nod -r this law, where did they expect to
find the national forces? "All able bodied
white male citizens between the ages of
twenty one and forty five years, residing
in this State. and not exempted by the
laws of the United States, - with certain
specified exceptions, constitute our State
militia. Will it be =aid that the conscript.
law law cot intended to operate on these?
think it will not. fhen if it does touch,
and was framed and designed to draft this
ve-y class of citizens, no possible objec
tion can be taken to the above statement
of ice question we have to decide.
therefore, repeat the question with
great ccnfidence in its accuracy, has Con
gress the constituttonal power to impress
or draft into the military service of the
United States, the militia men of Penusyl
vania ?
OFFICIC WESTICKS I s :SG - RANCE t'uNiPaNY.l
, )cf...ner 29 ,`A )
4 NELEC 44R WIRE( TOILS OF
thl3l:. Ini•any w.i. tell at it. efln es N...
92 Wato erect. 0.. IL E - •A't . NovemM r
1863, be we, n Inc br.ur. flld. to , and 2p. m.
oc3l-td
OHYICE uP ' , 4li A•I , 1 Li 4. W A vC0.,1
Pn :\ rPrp.:.f 1,63
7 IHE ANNUAL ELI:* Tilt N FOK I)
rectors of t•, , t nm: any n ill be beid et the
cf6oe of Afe,srs. D. . I f
ttreet,:tn n, ',et Keen
the honr, oFtme and'. tic • . in
nob-tti ~, , r t IiP,INENI s :. Pree't
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NEI\ 1,001)S,
WE WOULD I J. 111 E A TTEN
t,rr, I i 7
WiNTEIt Cidl,ollo4
All,thet,nQw - r-t 2ty
f : rcnieu
CASSIMAES AND COATINGS,
Wah a I.r,ie ani
SILK AXE) CANIIII6I6 VESTINGS,
W. H. 1 3:1•G}..E & CO.,
EDERA I. All
Coruer )ti ar r• t :-Tot7e, City, Pa
FAIL A:NI► 111\Ttii DRI GOODS
All l'esoriptions Ncw Opening
M. IM.ENTZER'S,
94 MARKET STREET,
BLACK ?ND FAN , _.l tit R
1- UENCE MERINOS
REPP MERINOS
SCO] CJ i=LAII~S
BALMORAL SKIRTS,
FLANNELS
cot NI t'ty BLANKETS,
SHAWLS AND C LOA
31. MENTZER,
fxZ-3m-eod
puoiroGßAria AM-11711S
ALBUMS FOR lo CARDS
Low knco.,
PI ALIA M DEPu r
Oup , eite Yc
BBLS. URA \a.
V 26 boxes Lemons, led. receive: and for sale
b 7 CLEYALIfiI%AUS..
not/ LS and /28 Wood B.
ILVILY POST.
No. I 7 Park Row, New a, and 6 State street,
Boston. a ~r a.. nts ft,. the Daily awl
Weekly Poet in Chase cities, and aro author
ised t., nke Ads,' .1-etneLt and Subseriptionb
for u our Lowest Rates.
ON AND AFTER THE lott OF O. ven:Coer 18, all subscriptions to the Daily
Post must 'oe paid in ado once Those knowits
themseres to be to arrears w.ll pleaFe call and
settle without further delay,
Anr...c. Ward
zi- rim DAILY AND WEEK LY POST
- -
..p hereafter be procured at the Now l'ePots of
J. W. Pittk.ck and Frank Case. Fifth street. with
or wit':out wrappers. Daily 3 cents; Weekly
LOCAL INTELLIGENCE
Act Of Congress of 3d March, P,t13.,
commonly called the ~ Conscription
Law," declared t nconstitutional.
HENRI' S IiNEEDLER I
VN 1 Tbroo bids in eQui
Do v ID M. hosx, et al ty. Ani;op a mot.on
Fkoscrs 13. :- mI rH .. S I '`..'''''- eb " set' '' . s/ '
V. 11 F. I , ICKEI.B VI Seine. I Ciul tLjUtrli U
V:m - onAan.,l.---Un the .idd , ,y ot March.
1863, the Congress ot e united States
in,sed on Act f,r enrul:l‘.g nod Ailing
out the Na :tmal f3rces, anti t r other pur
posse,'' which ,s commonly called the
Ccriscription law. The plaintiffs, who are
citizens of Pennsyk unia, have set forth
POPLINS
This question has to be answered by
the Constitution of the United States. be
cansr that instrument, trained by deputies
of the people of the State , and ratified
and put int., effect by the Slates them
selves in their respective corporate ca
pacities. delegates w Congress all the
powers Chet body can exercise. These del
ecati it,a are either express or such impli•
canons as ore o.q,mtial to the execution
of f x nress.y 'l,l gated powers.
D.. re ar- hoc three provisions in ur
Constitution ci the Unit , d Strtes the! c.,.n
be appealed to in support of !his legisia
Lion lu our oidinary editions they stand
numbered as clauses 18 16 and 17 of the
VIII section of Act 1, of the Constitution.
`•18 Congress shall have power to raid(
and armies. but no appi i, ri ttiontt
ct mcm_y ct, that use snail be for a longer
term than two years.
"In Congress shall have power to prb-
Sias fit calling forth the maiitia to axe
cute the laws of the Union, to suppress
IClbUr ec:i,,ne and repel invasions
' . 17. Congress shall have power to pro
vi .de tor organizing, arming and disciplin
ing the mabtia, and for governing sueh
part of them as may be employed in the
service of the United States, reserving to
the States respectively, the appointment
of the officers, and the authority of train- I
94 hi arhet St
THE PITTSBURGH POST: T L'ESDA_Y MORNING, NOVEMBER 10, 1863.
TUESDA Y: NOVEMBER 10, 1863
S. M. PE4TENGI■.I, & CO.,
Supreme Court of Penna
t l tg me rrliz,e. tee nitsoindoe
i , rescritsed by C areas."
To rouse a: 'I. ,e are li.,r4e
words v.-hat du. There could
be no limitation u: th-• • ember ••r siz -
of the armies to •rd t r all reissible
contingencie, c.u!, be t.)reseen, but
our queati h:.s •.o• r. no.s.cce to num
bers or siz but to the mode of raising
armies file frilE,:r.,l of the Constitution,
and the States who aciowed it, derived
i their ideas of gover„men , principally from
the ea amp! of Gr.r.t Britian—certainly
not from fl.'3y of the more imperial and
despotic governments of the earth What
they meant to make was a more free Con
stitution thin that of Great Britian--ta
king that as a mode! in some things—but
enlorgmg the basis of ;•ular rights in all
respects that would br cur Hment with or.
Her and stability. They knew that the
British army had
.generally been recruit,.
ed by voluntary enlia:ments, stimulated by
wages and b unties. ac.- , that the few in
stances of impressment , st,d forced con.
seript'otia 61 land forces, had met with tits
clihf,,vrtr of th- En.Thst nation and had led
to preventive st,tute-. In 1704 and
again in 1707 conscript. ,n bilk were at
tempted in Parltatnent but laid aside as
unco , stit Durtu.. the American
revolution a statute, ; _leo 11l C. 10,
permit', ....fl. and I
disord• : law
cient
as far ~ . , L obe
when o.r (d ..t plauned.
Assure.ity i 6 ..mers cr emte . .itution
did not inrtmd to slti•J the people of
theState±to a eystrw ot emscriptlon,
which was applied in tt..t mother country
only to paupers and vagabonds. On the
coLtracy I ir,fer, thr.: ft,. t o wer conferred
on Congress was the power to raise armie3
by the m - dmary Engllsh mode of volunta
ry eulistamnts.
fli - peopl.7- w.i.. pdHily
,i hi 'LI , (il stand
lug armlet , . 11-.nee ilio.y too!: away rola'
of the war pow. r tr-n - t 'h. Ex:-re' re,
where, tinder moilarchtFal t ,rms r : rir
ally reFddes, at.d rested it in the leggy' l .es
departm,n:, in 61;e bia..tch of w:lic.. the
States have ',pal ret re.eniatio-i, ist ; is
the alter brai,p of which id neop,s of
the S:att-.9 are .:irecd:i r , precent. d accor
-1 ]:rig to their nitilibers. to the se repro
teidative= of tis Sitoett Ar,j the people,
fili9 p. , Ar r L,f c..gi , lltmg w sr was (.urnolit
tr.d. bd: . ,0.1 ia choir ha d; :t was re
strained by the . nit ..di, n 0 1 biennial up
orord.atinit.. o.:- i. e tnt pert •-, the armies
they niighi false' I
i !, , ").17-,, 11, army
could he ranted or snip.ted wtoch (IA not
commend I,driciar appr.i, dot:- and it was 1
rightly cons.d.i,l i ri•I! voluntary enl).o
menus w.. till 1.. ver b. wa-t.nz t.:: recruit
the rank. id such an -int:, I 1.. will pl) N.'
er. exettinn .!.!:::: ! ,r the I r,,.. f ~ .I 0: the
pecple. Li...i lei .:-. : tr t...• i.r,,s ,c)i.sible
to 1et,, , . i . ,It 'nt I r Low.: ha.. I- w,,f , iticapa
blf. ct . Lt:Lg ore d ~.,td.o '. :i. , ;r16 ,. .ii,
arid, thviki ir.., i 0 . • i 1., ;l • - 111 ~.• ~t 1 h,,r
ehiltd M. .I . , 1111 . :, ••• ~,, 1 ,
toretdi...i the rata;, ; ts . 'i
ed e:',,Artry
theory o the co.
Pow,r,l,ko all g
, n.! y
•4r , Jl
- Lr , 1!;.o fund
mental po,.til n.
tt
the nil:run.igt hntl :ne guy. rn
111 , t•Vr" F , Ly.•ri ,
.t 4 ' • her
th, t) !fief:
Ho .v ~ t f• nlrnan,l
pubi, Lk' •LL
tart !.• • • •
Ort.c r , ma„
t:,113e ... 11Ie But
I.C.veruttle• 0 ; ulat
•
' L I
1(1 r. 1,65-.oi,,Ev
to-• j • ;•.•. t.rt•
t,) t ,• • : IL- hell'Ai
(.1 Cong, I 1t... gr;o01:1,,
I:,ju.tue !•-• U.O - 1 • 1....L., • ho
E.,lnption th:c vv.vr for
t O. .ELAUtIOr,d CAT, w!:1 t q 9 have
hut_h m)rnp.-.thy all,l 1; , ,:i/ LL. p,n,
lea, 'will •-a•curt a I r,, c,•oHary
u,erdti. Equa.,ls- ~-' • , Intedi
• h-•y incrin(
curler (a, their b - IVF,ite p-wer in;
press them , war Wnlen ihr-y could
tipprO .•
ro-n to tl,es- cm!., , iarrstioris wt• add
ht ability;ot a great like ours, to
s , imuiate and reward et,',,s,rneLts, both at
home and abroad, by bouuta.a, peusions
and homesteads, as well as by political
pa'ronage :n couutie, forms, we see how
t,ecess,ty or warrant t erri is for im
a grant of to. i:ape: a! power of
There th at ;._ ;b , ) of the
constitt.t,.l, r in tho,t ,
p.iriineout paptr6, es!iei in- I:42der_i
to jua.lly the ra,t pow-_r
op in :h- word 9 of
the s:`.9-quest
clan- i--.cermr.g t iniir a.vb9oluteiy
fJrti
It :I:, , ",,r) I:llpri , babL ..,upposa
blt tll4l et..l,Lui .11;13 ir...ders!
rf.igh' I.llEbe7oll, in a par
tieular ',I:, itB own
propel 111, pO•Vf r it not much
more bithie IL.: it. Siates meant to
cower upon ine Genirrai eruincut the
power t; depriNc a' own piea
sure, al, oge• her of fiirced
levies 7 Yei this sally happen if
the power (.1 conscrip:icr le , conceded to
C=.ngress. There are uo limitaioons ex
preened—nothing t , rope', Congress tc
oh/servo quotas and prrii.ortions as amone
the several I - iutten--w.. present
their raining armi, n i•oe State.
taking every able :,odied citizen out of it
to the end angering itz, ol utter undoing
of al its domestic ~Iterests.
And besides, it we conceue this dan
gerous power to the I inguig' , nt the 13th
clause, we ti, siroy p and street of
the words of the 1 , 3 n and 17th clauses.
We make ;he instrnun•n' soft destructive,
which is violative nt all Pationi of construe
Lion. Congress snail have power to provide
for calling forth the miiitia in the manner
and sahject to the 'lfni:atoms prescribed
in clauses Id and 17, an.; tl - feretore, I argue
Congress has not the p fw draft them.
IS an express rale ca the Constitution to
give way to an itut u ..I nrie If the 13th
clause confers powt - dr.of it: , militia,
the words ot th•• In r Linn 17 ri clauses
are the idlest tha
MME=IIIMEI
But if the thiti tile power
to enlist rolutveers. inen the subsequent
clauses become very ii , :eiliglble—stand
well with the 19th. aid add essentially to
the martial faculties ot the Federal Gov
ernment. at toe clauses The
militia are to be called to execute
the laws of the supp•ess imurrec
tione arid repel int as t , be o-gan
ized, armed nod disciriii•ied by the State,
but according to the lows of Congress,
and such part them a may be employ
ed in the service ot she United States are
to be governed by the Pres iitilit but of
ficered by toe reeje Stati-s. Now
th is Conscriptii-o Law recites an . 'exist
ing insurrection anti reheilicii" as the
ground acd r, aso..,i ) not for calling forth
the militia under 'the above provtazond j
but fir drafting th..2.r. to -, , the milita r y !
se:v rail- it •
case has : wt .eh the Cori
gout tile in is shall be
cn!ted out wirier Stare officers, but
Congress says they edatait be drafted, in
c 'ntempt of State authi,rity. Geri Wash
Ei'la the men of hie day, did not BO
read ins Constitution, whe • m suppressing
the whisky insurrection in this State, hey
pail the most scrupulous regard to the
rights and powers of 'he Siat;_. Under
pres Ear, of a foreign war, a C. - mscrip , Bill I
was r,21 , rted in Congress in 1814, but it
did not paps, and .1 it tad, it wool; have
been no precedent for this law, because
we are dealing with an insurrection, and
insurrections are specially provided for in
the Constitution- It to support a foreign
war, Congress may draft the militia, which 1
I do not admit, the power of draft to gap-
.1
press 13 U^ c Al. it' • .s . a' t' i'l7 I a P'l , " 4 i t l*,' ' n ' • 1" - ' d 'Y'''
since mot f t r e
~
e l -,t, : ~ppie. Si I , Y, trout: deciara -t ~ ..,if . r; 1 prt , i „a g.• u • Li, e I
rections is cxpree... i, provided. I Wheu a, the lundaup etel bows ot E'ngiand. Far
State is cubed ei. for its quota of I back of rilligea (Marta, in the customs
militia is rn r determine, by lei, who of i and maxims of o ,r Saxon ancestry, those
the whole n 'emir ot i r e -erolied militia. I Princird, s of liLtety lay scattered which
shall answer 'he call, end thus State drafts I were gathered together in that immortal
are quite regular, bat a Congressional document, which four hundred years af
draft to suppress insurrection, is an in- terwards were ag..h.. re asserted in two
novalion that has no warrant in the histo other great di :_lare'r.iry Statutes, "The
ry or text of die Constitution. Either Petition of Fl•gh. - mid "The Bill of
such a law, or the Ceestitution, must be R•ghts," and which were transplanted into
set aside. They cat.iiot stand together. our Declare cf L. :2pendence, the bill
.. , ,
ot right i , ee r Sth. -- i. Jostitution and the
And happily, no ill consequences can
Amendmeet. te our Federal Constitution,
flow from adhering to the Coioeitutim e for
and which have ihus,betome the heritage
the standing army of the federal govern
of thee( plaint.tis. Say; the nth Article
meet, recruited by enlist:net..., to the ordi
'e
nary way, with the State militia, called of the A mend•eents , tie person shall
be held to answer it i a capael or other
forceforth according to the Constitution, area
wise iufamous ~..-,',e, e .)teei : n a ' , resent
quite sufficient to rmhdue any rebel- wise
or Ind!, te, e of a greed jury, ex--
lion that is capable of being subdued by
force of arms. Such a formidable force, cept in easr4 ari , :itg in the land o ruaval
force s or it, ihe MLltia when, iu actual
wisely wielded, in connection with a pa- fore
in time ut war or pubitc . danger. -
;What to the 'cape ~f this uxceptio,t >I t.- THEITRIZ -- 1,r!.3 night. Miss Thompson
tertial and patriotic administration of all
other consfilut , otialpuwers, will never fail
to put down retractory malcontents, and
c.oudr with Silver
and or naval t , reeti Ill^al. be rrgrilar , appeared for the first time iu Pittsburgh,
tnitrary .c,a, , ,z'i ion of thc Crovermn.,., iu the aPV7 ably of •
piece le full of beautiful
preserve peace and good order among
steel, .g army and , .173—Into which Lining." Th e
the American 1 eople. l'his conecript law. —l . l '''
therefore, cot sanctioned by the Cenatitu c , trzete, are ietroduei dby n. :rary cluea• incidents, and abounds in fins language.
tion, is net adapted to the ey.igentees of tine rut heykr ed or hy ~ ,,i tistments. rind Miss Thompsoe's rendition of the high
the times, am like:) , to have success as a a'
,'
~e COM., : y their own co se , i, suhjer't to spirited "Princess' Inez," was in keeping
war measure.
t.,.e int.,tary code and aide to he tred with hr high reptita , iou, and brilliant
In its political bearings, even more than in and . ; aniseed without' any of 'he ti rroit t r histrionic abilities. It wan a representa
its military asptcts. it is subversive of the
eat eseerd , r el t't':• , Commen law. I•• liter e tion of a true woin'.ii,
impassioned, tender
Constitution and of the rights of cit'zens 111E1112f rthr frillier. when du,y,Laile..l .;tied and devoted The crowded andletioe were
that depend upon State awh' , fit.Y• A few plan- , l"in actual serv,ce' area ,bjec. tut he I perfectly carried away with this bc.tut, f i f
thoughts will m.lki. ih, a plain. It 13 ial 1
ru es and ri-ticie, of war, ..l tatur i• , -.:.7.f.r. new puce. and the fine acting of it. To
possible to study cur S',.l'L., mei federal law righ's of personal fro. den, being t... 't e , e:gte it will be repeated for the latit time,
Constitutions. without seeing how mani• tune , uspend-d. Tin' wt..en are ri,tlitia ,a, lie attractions are called for, and
testly the one wee Jesigned to guard and .
men in actual
peen , eetified of a deaf! Judo tit , ry,
maintain the pei EW..11 and E...eißl rights of iu the repetition of at y pier :• more than
the cit , zen—u e other to take care of his Hp. aii.:4; of the auth,,rey et Cotigrese oece. So we must avail ourselves of this
external r, latlees,
over the taaltila says ~To , late ion I Oily twpertanit
y.
- wt.: LS'
Nuriore, education, priiiierty,hoine,wife.
and children servantP. adrniulatratiou
goods and chai t les rotor ueatn, and a grave
yard in which to sleep the Bleep of deism
these a7E• amdhg the ot‘jects ut state qo
;or the protect•ori of which the
State provid e s civil auLb..rici.3 and back
of them,theposse r. , nntatn , and the
ary to make the clvll aim hi,ttratir,
tdptual. Now, t; the prmetple he 1141n - wird
that l'•,Dgrr..., avVtay che•State
tnal:,:a, who does hot see Llat the ult.i
mare and security of every mito's
domegtio and persosai rights is endang,r
ed. To the extent delegated in the Cos •
Hut oho!) tittbudy q teuttons the right of
Congrese to c otrot the State tnahtis, but
if to the f xteht t.. which IL.; euaetalf t.t
goes, tf,o St,tF , be reduced ti the
coedit,,t, (.1 Inert tunee t,t a great corn
,d c.t.zert it the State
zuu.; t t! - .0 F e .t. r .11 fiJcernmertt
!be enforce:l.. nt hi d tutletkt right ,
ae wei; a. 1..,r the regu,:a.. of L 6.•xte!La!
.. '',••
n ficin I„rt•,g, I rt..AII
peaceful iiit•rCour,- eapi r.. , rhmr•ro wdh
an word -a H;andard of va'at.s sou
w.- - ghfs tit.d rn , 11€•::.•s i hat shall be corrun.,:,
to al: th- .:.1 -3dvd•ri. !ba:
snail b • co-exte !tr.ern ate frit],
ar.d (~n,:h..rce 1, , a ija,t and rnaluiati
these e.v.rr.al re , ntiniis Of If.- citizen, are
high duties which 111.• C3nEt.tution Leas
eOrnmltted to the hed-rao Got, ririalen'olA
hafi furnished it with 1,1 necessary civil
tuf.cf•onarie.., ar,t }.,.w.r to levy a , ri
CJileCt taxes ?row Mr Ot
rain. , rind Cuppor , armies, to providA a
navy, aid ire ;Laliti,, 10 axe
C..•••
t-w)1:0.1
,1:16
I .o wers
'• : r• g....rezut•ti
i hu9 :h,. 41:11 j
•,y -
ILIZEIME
!Ind a "1 ;
, a., the ‘,4 r.ow.r ~t the geu
eriJ g.)7 . •rc.a...::' tti: • 7 iltirnq 4 - Rt - c , /rty
f :,,,'vernal tit; ie I hltlM3tr
8- Curti.) . tor lit- 11 , ..er,Ai or dom. stir. ne.b.;4
Could tl,e Sthle GoverumPt., r . .rike a
War nw , r
/11,1.'
•,: 1.
chn
rg , it-: In vi^ 'h. F x
marl
t.r.i
LIU IA
Pl 11 ll F':l
d ,rne , llc rig
touch him it
dangered.
In- grea' , : Conscript iaw Is,
[Lai it is f . ,ts-iundpt- -, n that
C - ingress-- may at; away. ii a the State
rights the z n ir.a the ,rty and
b.undation t r.glitsh And how
18 (1%. sy I d t, Lit, after
t,,eerr.tn t . i L ;,rny are ci , Atray.
ea? Ine Constltiv.,u3 at the rhited
States c'oint - nit , e i toe h-rt Te ., of the cut
zen iu p..rt t -, the federal ti,vernunent,
expressly reserved the hate ;, and the
people at the States all it did not deiegate
It gage the General Goveram- nt a stand
ir..; army, but l-f to the SLU•t'R their mi
ld. A. Its 1 , 111 - 11Jbefl in all this balancing at
powers were w,se and good. hut this lee
islation disregards t 5• d.stinctions, and
upturns the waole svat, mia of goverutnent
when it
national forces and claims to use atid
govern • bent as such
Times of rebellion above all others, are
the times whm we should stick to our
fandamental law lest we dritt into anar
chi - on one hand, or into desp dism on the
ozner he ,reat sin r: :tie present re
beition i•onststs in violating the Constitu
tion wh , rehy every men's civil rights are
expetse.l to s.Leriticr. rnl , ..e. the govern
ment be kept on the ftundation of the
C.,. >tit ut,on, we imitate the sin of the
rebels.• and thereby encourage them.
whtl;t we Ngt.thk 'll and ciisit,irten the
frp.nds of constitutional order and govern
ment. The pr ffs-in these bills have good
right, I think, a , citizens of Pennsylvania
to complain of the act in question, not
only on the grounds I have indicated, but
on another to which I will briefly allude.
Tne 12th section provides hat the drat
ted person shall receive ten day's notice
of the rendezvous at which he iv to report
f - r duty, and the 13th section enacts . •that
it be fails to report himself is pursuance
of gnch notice woho , ,f furnishing a sub
s
ute or paying the r • quilted sum therefor,
he sna.: he deemed de - .r. and =hall
be. arrested by the 1: .vos' marshal, and
sent to the nearest in.lif::ry I.^^l for trial
by court-martial qttaidlea
ttOr, to wliicif pruvi - sion Is subject, is
that upon proper showing that be iv not
al , t• ini...ary duty the I):ari of en
1 .T7l , t may •!I• Cl• hfrn from thP draft.
t h0 . .. 4- thekosedirr, hap
set )rth het Cox wa- sii-rv-ci (in
hint in pursuance of this F.Fof., it, and by
which he Win lit' ;If ap
peered on a c•rf till day. lie would be
"deemed a deserter, and be subject to the
penalty prescrihsd therefor, by the rules
and articles of war." I believe the penal
ty of desertion by the military code is any
corporeal punishment a court-martial may
choose t, even to that of being put
to d. ath.
Can a citizen be mad-. Liesert -r• before
he h bec, in.... ? Has Convess
tee La: ni powes- r authorize i.ro.
vast marshals, after draw.i , e I he name of
a freeman train s when' a id •rinng him
with a ten day's notice, to seize 11.1,c1 drag
him befor: a court martial tnr under
military law ? This question :ouches the
foundations of personal liberty.
in June, 1215, the Barons of Engli.bd
ani trie.r retainers, ••a nninerons host en
1 upon the grassy plain of Ruuny
m de wrung from King John that great
Charter which aeclared. among other
securities of the rights and liberties of
Englishmen, that no freeman shall be
arrested, or imprisoned, or deprived of
his freehold, or his libertie?, or free cue
toms, or be outlawed or exiled, or in any
manner harmed, nor will we (the King)
proceed against him, n send anyone
against him by force of arms unless ac I
cording to the sentence of Ins i. ers
(which includes trial by jury) or the corn
mon law :f England. - Here was laid the
strong foundation of the liberties of the
race to which we belong. And yet not ,
here, for Magna Charts created no rights
but only reasserted those which existed
long before at common law. It was for I
PO
fr voloug a sugg,t..i, “.• d.g:. :5- and
f I have
ah,•yrnr:, libsrty these
Item a rendide ances
ry, ao,d hguaratttet d to them
- c and at what time they
gi ei? t iare tc , martial law, and sure
m.ition by Congresii,can
and grind those rights out of OXIB
w,tnou• r..grtru to :ne limitations of
r;rc vt-r!
' • _
r •hellion. n
a ~. ~.~~.!' : ~ , mac
f~~
. me we•g—ler reaaou
t 6: Lld be found for It than fr , cnomer
wi.l/./, y I,es to the
d t , 5 , 7V , 9 to stand
tea f cf . :Magna Chnrr. , .. , ur cogetitntfon
an, all our trad.ttroal freedom.
which
i !i!.y c
MEM
Tbe general reason that 1 have ever
hi-ar 1 suggested, and which is atip:.cable
again it all the views advanced in this otiin
'or. is called military ni-ciessity. The
courl , r7 I. v )1 , 7 , d hi rr treat chid war
which can be broughi in air honorable
el, se only by energ. tic uci. of all our
rr
sour•-e, and no rev taint should be toler
at. d. cir,umstances. save Only
this which ch tart iyiliza•iou has in -
p„O 1 C,!, a ll w nrf, Whatev-i- is ac •
ding to ire itLtion. lii argument
claims. may he iif eiiiurse — whatever
/9 ve- and bvy.,nd ihecnnati.uri, n ju--
i as military mcessity, and of that ills
Pres d nr and l' , ingrssa i.re xciusive end
En,:
.1.
itmou:.t .t Is that the
ex:g...rtes. of the tialfiqj 3.."'y the substita
tut:.)., nt msrti,l I t
But what is tna.tiat Blackstone and
S.r Hate tell us ••it is bull upon
no eerti d principles bit is entirely arbi
trary in i•s. decisi - 'ns, is truth and real
ity ,orr, iadulg. d rt.ther
that, a 1.., :ad as t-,s'. - The ut,restrained
wit! r.f or,e cir h , t - of men, then, is
the r!tlewhich tl.; nrgurnentr.ubstitutei tor
the is oi no consequence
that the will thus s..t up for supreme law is
that ot men whom a majority of the people
have r.h..s-n. me. , )rdl::g is our
ma . ) .r.iy za , . only choose me n
to adminze.er lan loons' itutiou as it
Majs; ties, us ;.''wer recognized by
low. have no mora right to establish a des
past-al than a minority would have. But
may majorities or ra.norities set aside
the Constiiut.on :der pressure of rebel
lion and ireurrot tion ? As the Consti•
tution antu-inato, at.d provides for such
calamitiee. it Is a reproach to I'B
to -an tnat it is Inadeq,te to
emergencies. No man has any piston
cal I ; . cast . 111- ~-t roach urea
i.. N. , current experannce prov:s it It
never n • is ..v. by an unsuc
cessio: use 0; toe legitimate powers of the
Consti , uti .11 robello.n. ana tison
the thing proved will be that the ineru
ment needs ameiniment . , wild. Its macnin
ery istl xil;le c-rough Even such
a ru , 'Jana deruslistiation n;
mor.. 'h.. t , .mt out t,eces , eary
meats -it ,nsuld in•t surrender the !otate
to the arbitrary wit, of anybody. Presi
dents and Congressnat a are only servants
of Ise p.ople n, their will, riot as that
will mar •xpresie under nasaion
ers Item- t as 1. stasis rocorded lathe
C war ution It to.he oneitaton,in-tteeth
e
which makes tnern Presidents and Con•
gres , rorn. Ti;ey lave t n , , re row. rt;
up isgitiiii4 the Cot.s.ou :on.
than so ma y priraie citiz ••.- . i have.
Ott .ode of tha. th -y are only prira.n nit
izi
I do i cc, theretore, ±eel the force of the
argnmen• dr:.wo tram rhr diBtroming
curnsuine,s of the t•rne. Rad rig thy cre,
•
41 , 7,
arbitrary po. l t - ri , )! - ;.Mb1..1211( , ' a: rat.. bt.r.
i! ,ve m .de th , m r , ••Pm tmci n the
judie.. r. .Igt.t i(, h. z
Blyr f)-
.rf :.oc6) zu.,l
lc, cou.touiton.
To piacP ourselv, undesd , -epottc away in
order tt, bring b-a - k reb, td the coustitu
tion we '.ave given uo, Is a pr .cedare that
pkrpl , :ces the stude,d of p•doical acteoce,
and will quite corf.and the historian of
Our titnee
ii-atures of this conscript
law irberve ritaciem, but not to ea•
tc-nd ipinion farther. I rest my
jeciions c ,-, ustitutionality upon these
grounds
- Ttiat the power of Congress to raise
and support armies, does not include the
powe” to draft the mititia of the States.
2d. That the power of Coagress to call
forth the militia cannot be exercised in
the forms of this enactment.
authority t t
rwditibl).•(,Om.-; P6Beatial
ly depF:,,l hir•)11 t.lie tact wh(,. :Lief are to
. - )P deemed in the s-rviee of
e Lit•iar diatinc
:ion her adliniz forth the rnalitia and
thtHbeitig Be: u!li p.rvice Thv.a a re
ri• !Ili u heiP nece.:sarily
ii• (i:Jr=ritationhl
The Prr-e is r , net Cr , cri.rnander
of t hr• 6. •;rl-)1 whvi: hc . t'/al ror
rie• • a ti :Ili rely when t 3 .
an r
d,•red • ThPif are Yhbjected
lu martial„l:, ,c%, .11 in (I , lllal xer
an , . l ro,t ::•hO , l galled i ,, rthr
befa , e thet; hare oot . ip • "i••• r'' (he
hC:.I
! • I.o> aria
u-thm liv! mean:t jo f beina in I%r. a , t nal
senn:T nuts? he an obtniien , n !
~ a IZ and
aro: en , itzvotr.=7."4 4,, 5 ,1 '7l
1, the cull qt MP •• r
mory's on. 1.. w, -•" •
i• • • d !ha:
d (: ~, a ; jaw
• •
1..) 'he tin;— s.
•p.p as nef,JrP that 'ht sl9 0:1'y
r.au.t. for the militia. /.L.(l tt the Lcrtitt
, u• nal rtg 9t are LOT sac
ari 1.. m
\, hrr J edge ri t
Mari:
Whlk,"; rig;=ta'A- se
zen d 11.4 cAlitary
• thr.:nl rJ. when he
o- ,rrf s r -wl.v Plot ;;.^ur to
~t,uld rep
a;.d
1 - y it New notn , nctwor- by
ificuit ?,„
• h
.( H_:.l:r. r r
Ifl
grace• /99tlen
Ay. hi. tr.-0
•21 C 96,9 b." , .. 4 1a4M - ZcHIM:,E.'3,4
„ I. l .4.opaaia can
I bee ,41-j.iv•ai ru r 4- An articles
of war, ninil he is in actuartelinry eer
vice.
4th. 'nut he is nr.a placed in such actu
al service when his name has been drawn
from a wheel, and ten days notice thereof
has been served upon him.
For these reasons I am for granting the
injunction.
We eurreLf.er our space this morning to
the opinion of Chkf Justice Woodward,
on the coLstitutionailly of the conscrip
tion law, to the caciut.ion of all other
local natter we had prepared. To
morrow we will eodravor to give out
usual variety. We bespeak for the opin
ion of Judge Woodward a careful and
atteptil,,
SIGLL EATING SALOON, 47 .1-IYTEI STREET,
WM. RCECKEISEN, PROYREITOR —Fresh
Shell Oysters, Tripe and Can Oysters
constan:ly on band. Wale at all hours,
from 7 o'clock a. m., 't,ll 12 o'clock p.
m. , i'ne best refrestmen.s can only be
fout , arwi:i; l k at 47 F.fth etl eet.
Ca -
G ROVER BAKER'S SEWI.NG
M fur , :t inanufacturing ParPodes
bee ih ego,
A. t..thaill.NEY
1' h bt.rec. Pittslurwh. Ya.
COMMERCIAL.
PI ris.it: RUH GENERA I. MARILET
„ FFICR ,:: THR 1/.; ILL Por-, 1
TC/LADAY. - November !::, 18i.:3. 1 -
Iliiiimuelisr--il'as n t very ... t.ve yi sterdn7-
1 tins. : owe. er, is a ci.nanon c •urrence :n whar
what's called bui. Word., , . he wearer war
raw 1... i d sagreenhlc wilt: an N . :a:v.:nal anon
/vont]. Pr duce of al! k ride Nei re :n good request
nt on; r.iie., .n :act fur na Jet detcriptior : the
of ow.; g ate tae o. era; ions Once Our 1,1,:t :
Ashen - :. e n...te sales of 6 ton. ci da Ath at
416.; 4 tr ns do choi ie Pearls, a: ire. some holders
:ire de - i.an.l:ng 1 4 tore : r the I : r:er article.
Elirur —rho in r :•' y. a:, rda . calla, t LI nu
i nereiving e Vain- I . Anlung :he sale , were. La
ira Inal ly, 150 b01a... ;x _ :.0506 75; Extra—so i.s
of 100 1,04 , at c,.., ans.:s 75.
liay—The Ina Wet won f; rill. wi h ra!er of 13
1.411 - ;n I ',” tea.: e.., at .$,3440,.., i4l Eon. 13.1-d firmer
c Istiese— 0 0 t i safe] •i 75 box,. W 1. , at .
12c ant 4 1 1 do Ilaniku - g at 14c.
APPleti— he rieniarri ova. fair, with side* of
7,, ••• ..ii. 75: 4:: ::::, I rrk 'tate nt *:;:f
Salt .11krk et tirui with tale' 1:0 iihis at ii 2 'Ai:
2 5'., , , iv. rl , •; I t....h1e ..i.iit at..i: . 3 5 , 2 p: c.,
Grath—Ware: ft 'in. 'MOP! t Sit.: Oath red a:
:11 25: whit, :A: do, rt $1 .1(01 5 - i is 'liquidity.
I iw: n•Li. oat.-. of AAJ t,uBh t depor, at *1 :0.
,),,t. ..:i is .1 ~,; b ...ib, first nrryt at 7 (§7s;agr
ir, in t, e o;_ &1. It, i, 'one in the market
Pa icy-- •::: s co Hi o tin 1. :rom w .gout—al rang
at 4 -. hi: 1:1 $: tr ha
Rut ler -- r-ri es •I 0.)::.% - iresh oil r.t. 212 M: 4.,
I Eirlo,l --ti nt i , -Li 7-
' rocerte,—,ug • roar Sub,.
' 14: bad rl an: at .414. cros-cd
ad 0 01i es zed at 7 9114)11 - , 1 4
ar 0/4 la du "13' 1 (tee, at 16; renned yel ow,
at 4N. Sio rt , ez tibia. new . rioana
at tit. yrnt•a-30 bblt burden at Locerinsc's,
a: 65- 11 4 galbm
s 'hirdka , —; tie demand odcrate—sa:e.4
a' 25 bbl , city ra• - ifioti at 58: ea l /-5•
1.11 ral 35 bbl.. '.• .3. larie at i 9 51 ';
o'l Na Mtn at 1 , 7 25; ledodu.2atill
llerr l nw-10 a ici , ltd at :lb 50.
t offee—Toe market wan tiztn w.th a guud
man.t. IC flare ewes u. 30 sa - ks Riu at ..31-,,,a134
ITTS Rfi II OIL TitA t:
TUESDAY. Nov. 10. 1863.
There was an improvement in the. errand yes
ter i,y. Ac we ;tate& in our lbst when prices
reach the button a r.action mutt neceisertly
to se pla , e — bu v.-/ - 5 Were more (I . toed t. ope
rate I he, rep. r front the East were more fa
voralt.e— t looks as if we were tieing to ha e
soul, serge Operations to re; ort before t e .ose
et the week, t :c recall> s are, hoe evt r, Oa t.e in
crease. Refined-1h• enquiry tee . ..•aa7 was
large. Sa,es of 311 bbls, free at 50c, later i the
des c:me dealers were demanding 51(g ,-, it.
Bond c 1 ranged 4/442. ( rode -1 he demand is
on •he inere.se. The rates were purely nominal
a-d in the absence of actual ealee we omit quo
ta-inns Residuntn—There was some enquiry for
this article, with sa.es of 310 hble ut 'l3 eo€o3 75
MARKETS BY TELEGRAPH
New York Market.
~ . .ENV Yush, ov. 9.—Flour dull and drooping;
sale.at 16 10(g0 15 fur extra State, and $7 1547 3o
for Round :loop Ohio. w heat dull. C,rn in lair
demand and quite firm at $ 0841 935 , a , Oats Owl
an I lc , lower; sums at 84(e.85. Lard steady at
1114411% Whi ky a shade nrmer at t 2a. (Rid 46.
Philadelphia Market.
PHI ADELPHIA. nov. 9 —Flour quiet, superfine,
de 75 %; heat firm; red, $1 50@t 55: white, $2
active advancing 4r yellow, $1 07; m 'red
and white. :t1 Molasses ti,m Whisky 611sidtri7.
RIVER MATTERS.
Tux fitvgm—Last evening at twilight there
wer.. abo t four fees by thy pier marks, the
wra'her dnnng the day was cam with occasional
en ow storms Lr e pieigeot fr a rire uses not
yt a ry ilatteriug
ARRIVALS AND DEPARTURES
ARKIN' a.IJ,
Franklin, Bennett Brownaki.le.
Gallatin, Clarke, Brown-vine.
Reese. Peebles. EAkibet..h.
DiSPARTF,It •
till'atin, Clarke, Lrownsrille.
Frani,lin. Be .nett,
Jae. Bee, e.. Feeble&
JSEPH MEYER ANTHOMY MEYBR
JOSEPH MEYER dir SON,
MANUFACTURERS OF
PLAIN AND FANCY
FURNITU;&_E & CHAIRS,
AREFP.U'F. 135 SMITHFIELD ST..
Between th Ft., and Virgin alloy
PITTSBURGH.
Nave Thyself.
DR. S. CUTTER'S ENGLISH
RS A
THE GREATEST BITTE
NERVINE EVER
DISCO EKED—THE GRE3TESC O•
NIL EVER DISCO 1 E
GREATEST ALTERATIVE EVES
DU...COVERED
A CLTHE Fl./ti INTEMPERANCE.
A NERVINN. IT ALLAI, THE
hr,nic inflammation of the stomach, in all
Pers,ds addicted to the use of stimulants and
narcotic., such as Alcoh dic aid Malt Liquors,
plum,orphia, Arisen' • Tobacco, etc., etc. It
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N. VAN BIEL., 118 N Second street
t American fil.nufaotttring Agent) Philada,
D,RRENt E d McGAttli., Agents,
ormer of Forth and Marker sts., Pi , tabargh
Fur sale by all respectable L'ruggistz
octls-ly
- - --
10OUBTH FALL STOCK NOW OPEN
.' me of KNAIS.E'S GOLD MEDAL Plata;
UM PIANOS, which are now teyo...d a doubt,
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0030 CHARLOTI E BLUx
43 Fifth street.
G L &ZED WALL PAPER—AT 45 crs 1 3r roll, for sate by
Apologetic
AMESEJIENTS
BUSINESS NOTICES
W. P. MARSHALL,
ta W ood street
BY TELEGRAPH,
TV THE DAILY POST.
From Gen. Dl.eade's Army.
Further Particulars of the
Fight at Rappahannock
Station.
Sedgatek'n Advance at Brandy
Geuer, 1 Kilpatrick ()couple* the City
and Heights of Fredericksburg.
New YORK, November 9 —Specials to
the World, dated Washington, Bth, say •
Advices from your special correspondent
to-night from the front states that the ad
' vance of the entire army has progressed
most satisfe. -; y to-day. It has crossed
the Rappa , ck again, bat found no
eterny in n - I,rce sufficient to risk any
kenerel engn,o,nent. The present iy , cli•
caticr do not render a general engage
ment probable.
)be Herald has the following: EIKAD•
, 41 - ARTEnd ARMY OF Pc•romec, November
8.-4 P. M.—l learn that our army is well
over the river, and that Sedgwick's ad-
VaLICo has res.ehed Brandy Station. No
report of fighting has been received. Tbis
will be a week of hot work.
WASHINGTON, November B.—The news
from the front is to the effect that General
Kilpatrick occupied the city and heights
of Fredericksbum yesterday, and was in
position to hold them until the infantry
could reach him. It is prof able the army
has already joined him, and has now en•
trenched itself on the south bank of the
Rappahannock.
The train conveyed the wounded from
the battle of Kelly's Ford yesterday to the
number of ote hundred and fifty, who ar•
! rived here at ten o'clock to-night. There
were I.n ambulances to transport the
wounded men to hospitals, and it may
ba r.lic• beto. e they will be
placed where they can re, tier surgical at
tenri,n. The prisoners are expected to
arrive during the
The Herald has the following:
RAPPAHANNOCK. STATION. NO7 7.—Msj.
Grn. Sedgwick. m_mithand;ng tee right
.sing of ;he army, comns;:ng of the 6th and
6th corps. I ft War-en:on this morning,
wi , h orders to proceed to Rappahe.nnock
hi.d take and held that position.
the march was a rapid one, and a di venom
'-f the Bth corps, under the command of
B-ig David A. Russell. GreLleral
ht command of the corps,
reached the heights this side of the lisp
pahani, oat( about 1 o'clock, aed drove in
the curio!. another divi•
sit-n et 'he same corps on Russell's right
commenced skirmishing so m after, which
also drove she enemy before them.
The 5.11 corps, under Msj Gen. Sykes,
forntmd their skirmish line on the south of
;he Orange and Alexandria railroad, stri
king down awards Norman's Ford. Ear
ly.- dtvisi • of E rebd corps oec.t -
pied ii.e this side t-t the river
--the works nn wh';2h they had so turned
as to make ;hem detenHible from attack
from this dirt.c.tion. These works were
conseructed by our forces last summer
while we occupied the line of the Rap
pahannork. The enemy, however, had
strengthened them by digging a semicir
cle of lefts., pits around the front.
Such was the formidable position which
Russers brave boys attacked and carried.
Cub Thompkinr, chief of artillery in Gen.
Sedgwick's staff, posted the artillery on
the heights about three—fourths of a mile
this side of the river, and commenced to
shell! the works. ont three o'clock _
eighteen guns were engaged in shelling
them at this snort range. The firing had
a beau;ifui effect, demoralizing that of
he : it was, also. very 6ae.
this was going On Gen. Russel
with his musketry be rushed
, kirmishers upon both flanks of
the enemy's works until nearly sunset,
when his own brigade, composed of the
15th WiACOEISICI, Col. Allen, 6th Maine.
Col Edwards, 6th Maine, 001, Harris, and
12th 1 , 1,-w York, Cob Upmore, were or
dared to charge on the rifle pits upon
both banks. Led by Gen. Russell in per
son, they went steadily and silently
onward. fighting as they proceeded, 'till
nearing the works, they fixed bayonets
and pitched in with cold steel.
This was too much for the flower of the
Southern army and for its much vaunted
bravery. After a short hand to hand con
test they turned to flee to their pontoons,
here they were followed, our boys having
already secured the approach to the bridge,
and they had no alternative but to surren
der or swim for it. Some of them tried
the latter, but it was no easy matter, and
they yielded. When those on the oppo
sites:de found that we held this end of the
bridge they set fire to theiraide of it and
destroyed a portion of
This closed oce of the most brilliant
actions of the war. It was fought by the
same troops that so gallantly stormed and
carried the heights of St. Mary's, at the
second battle of Fredericksburg. Alhough
pdgwick. Wright and Tyler, with their
command, were present and active, all
agree in awarding the credit of this bril—
liant achievement to Gen. Russel and his
gallant troops.
Gen. Made has sent Gen. Redgwick
an order congratulating him and his troops
upon their success in this preliminary
m. , vewera G-m. Lee is supposed to be at
Culpepper ; Ewell at Brandy Station and
Hiil between Culpepper and Cedar Mount.
We are preparing to cross at daybreak.
RAPPAHANNOCK STATION, Nov. 8, A.
—From present appearances, yesterday's 5
losses were somewhat under estimated.
The lulled will be nearly a hundred and
upward, and the wounded 800. One hun-
dred rebel wounded wera left in onrhands.
We have 1,500 prisoners, including 103
commissioned officers. There is a heavy
fog or rain this morning, which delays the
aitack. Our batt e ries are in position, and
a'; attack will be made as soon as.the fog
WARRENTON JUNCTION, Nov. 8 . . - --boo9.
—Upon the hi,ing of the fog our forces
ecqumenced crossing and found little or no
opposition. They are pressing forward
t , w,,rds Culpepper. The 2d Division,
Third Corps, under Geo. Prince, passed
the river last evening at Kelly's Ford, and
captdred 262 of the 2d ano 38th North
Carolina regiments. Gen. Prince's boys
waded the tord, which was about waist
deep, and the prisoners had to wade back.
WASHINGTON, Nov. 9.—lntelligenoe has
oeeu received here, dated Clarksburg,
Va., that Gems. Averill and Duffie, corn
mending s-•parate forces, after several se.
vere engagements on Friday and Saturday
last. - ;_ce.eded in driving the enemy an
der nI Await Jackson, for several miles
down h, valley east of Greenbrier Idoun
:ain, ~,to and through the Coven of Lewis
burg ,c Western Virginia. The first bat
tle. sec iiiught on Fnday by Gen. Duffle.
fhe rebels were reinforced, but, never
theless, they were totally routed. , On Sat
urday, under the combined forces of Av.
grill and Duffle, the route was so corn
plate, that the enemy abandoned all his
supplies, guns, colors, dm, And fled in die
may, leaving their dead and wounded on
the fielti. Our men behaved splendidly,
and the victory was one of the moat bril
liant of the war. The number killed add
wounded on our side is not stated. We
hold Lewisburg.
GENTLEMENI AND LADIES 0
1121 g Pr , Part, IA Pittabargh. Allegheny ei'Y
or county will bad it to their advantage to 0.11 at
No. 3St CLAIR. nn ,up .tairs, awl him
your orders for the nWanq THIEF ThC
s23.oo..for ifonse of tan t 3 twolve
MOMS SCHRAM.
lIQS-/Nad Ehmettal Agent.
ffitatioim.
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