Zhg *raid. CARLISLE, PA. ' Friday, March 17, 1865. 19• M. PIRITTEINGIL le & CO., N 0.37 Park Row, New York, and 6 Rae fit. Boston, aro OUT Agents for the HERALD n those ethos, and - are authorized to tahe Advertise s ate and 811bSeripti008 for us at our lowest rates. The new 7.80 loan has-been successful be yond all precedent, and the rapidity and avidity with which it is absorbed by the masses of the people have not only relieved the Treasury from its embarrassments, but is believed to be one of the surest evidences yet given to European nations of the uncon querable spirit and power of the Free North. A DESIGN TO ASSASSINATE PRESIDENT LINCOLN.—A man named Clements was ar rested nt Washington on Monday, against whom was proven a design to assassinate President Lincoln on the day-of his re-in auguration. It Is stated that he had all his plans matured but that they miscarried. 1110 H PRIOR FOR A SUBSTITUTR.- -- The Reading Journal states that a drafted man from the upper end of that country hut week, paid a substitute hailing from Reading, $l,- 6/0 in cash, a deed for fifteen acres of good farm land and an excellent horse. This is the most liberal pay for shouldering a mus ket that we have heard of'. ,The Sanitary Commission has just sent by the steamer Uncas to Sherman's ar my in North Carolina as soon as it CUM 1111.1- nicates with the coast, an assorted cargo of hospital and field relief supplies. it has now another steamer loading with supplies to re plenish its stock at Newbern and Wilming ton, (at which last place an exchange of pri soners is now going on), and another load has been ordered fur emergencies to North Carolina. See-President Lincoln gave a reception on Saturday evening, and was visited by crowds of people. A correspondent states that some of the ladies who were trigged out in expensive laces and other extravagant fineries, were heavy sufferers in the jam. fany persons, after waiting hours, were compelled to leave the Presidential grounds without the pleasure of a shako of the hard the honest and honored head of.the natiod: DIED OF HYDROPHOBIA.—Henry C. Thompson, a young man 21 years of age, a printer by trade, enlisted at Harrisburg, a few days ago, and started to join the 78th Pennsylvania volunteers, and when at a town in Ohio was siczed with hydrophobia, and, after some hours of terrible suffering, expired. He had picked up a pup in a street some time since, and it bit him on the hand. The bite attracted no attention at the time, and gave him no uneasiness until the, fright ful disease took hold of him. Mahe Supreme Court of the United States to-day decided a case involving many interesting international and municipal ques tions in the law of prizo. It was that of the United States, appellant, against Seventy two bales of cotton, Elizabeth Alexander being the claimant, on appeal from the South ern District Court of Illinois, which had awarded restitution to her. This was a test case, involving all the cotton, valued at over $2,000,000, captured by the navy during the Red River expeditions. The cotton was claim ed by. the navy as lawful prize of war on the general ground of belligerent rights, that part of Louisiana being claimed as the enemy's country. The cotton was taken on land at various distances from the water, team> having been sent out to gather it. The claimant took the amnesty oath under the proclamation of the President, although she had taken no part in the Rebellion. The argument occupied several days. The A ttor ney-General, the Assistant-Attorney-GeneralCharles Eames, Esq., of Washington, rep resented the Government; and William ;N• Springer, Esq, of Illinois, was counsel fur the claimant. The Court, through Chief- Justice Chafe, decided that there could be no seizure, as prize of war, of private prop erty by the navy on the inland wates of the United States, or on the land, since th e acts of Congress of 1861, 1862, 1863, and 1864; anti that, therefore, this property was not, in that view, lawful prize of war. Bat the Court thought the property should have been turn ed over to the treasury officers as captured or abandoned property, under the act of March 12, 1863. This act prescribes the means by which loyal citizens may recover compensation. The libel was ordered to be dismissed. Thus the navy was ignored in this case. Tho Court also held that the possession of the Red River country was temporary and not long enough to secure rights of property to the citizens of that part of Louisiana, and that the election then held in the Red River country was not legal, and conferred no rights. ANOTSIER WARNING.-WO caution our - readers a day or two since, says the Harris. burg .• Union," against the too common prac tise of burning oil wick low in the socket, for the purpose of either saving consurnp ti9 of the fluid or moderating the light, stating the evil consequences that might result. We now have a late incident to relate —out of many that have fallen under our notice—which we hope will convince the most skeptical that not only health, but life is even endangered by burning the lamp wick low in the socket. The Lansing " Journal" mentions the fact that a woman in that neigh borhood. was found dead in her bed, having died in consequence of the poisonous gas arising from a burning kerosene lamp, with the wick turned down, in her chamber. With the lamp properly trimmed, the wick at a proper height, the gas is consumed, and there is no danger, but when the wick is turned down too low the gas escapes and poisons the k r. ro That Huott McCuLLoca was, after Salmon P, Chase, the beat man in the Republic for its Secretary of the Treasury our sound, in telligent business mon had already general ly concluded ; but they feel more certain of it since reading his address to his subordi nate!' on his accession. The following ex tract from it will boar repetition and reward Meditation: L:..ll,Lhave_confidence—in-our—national-re-- seurces, and in the steady, unwavering de termination of the loyal people of the coun ty,. irrespective of party, to preserve the iTtuon. 'and maintain the public faith. I have Confidence that the people will cheer fully furnish the'rnoney required to bring the war to a successful Conclusion, and that they will' be able tebear any burdens that have been or .may he '-created MAW) great tonteat eghich the Government is waging for Its progerVation. My chief aim will, of courie, 'be to provide means to discharge the claims tip% the. Treasury at tho earliest day. practicable; ond ta institute measures to bring the' &alines() of the country graflgally back to the .specie &isle .o departure from which, al though for the lime being a necessity, "i s no less damaging ancidemoralizing to the People than. expenvive to the Government." . Eight, true and 'timely And what the nri , Secretary °promises he will :wontedly perform. - Bogus Rebel Successes. In accordance with his , usual practice, General Robert E. Leo continues to man ufacture victories in North Carolina - 10 keep up the drooping spirits of his followers, just as ho has been-busily engaged in getting up spurious victorieS over Grant for a year past, assisted by all the croakers in the north. The first bogus rebel victory in North Car olina, at Kinston, is already exposed as RD unmitigated falsehood by an official dispatch from General Schofield, who, instead of be ing defeated, decisively repulsed a heavy at tack of the enemy, capturing several hun dred prisoners and sustaining small loss him self. All General Bragg's fifteen hundred prisoners and three cannon were pure brag. He captured a skirmish line and lost several hundred men in return. So completely was the enemy worsted as to leave his dead and badly wounded upon the field. The battle took place on the 10th, and from the fact that Schofield himself was on the ground, it is plain that the enemy had no child's play there. The prisoners captured belonged to the corps of Steward and S. D. Lee, and Ray that the rebel attacking force consisted of those two corps, and that the rest of John ston's army was approaching. On our side Gen. Couch, with his command, was only twelve miles distant, and was expected to arrive the next morning. How out of these facts Bragg and R. E. Lee could have made such an outrageous falsehood as the capture of throe cannon and 1500 prisoners, and the driving of our troops from their position, can only be accounted for in the supposition that the enemy is driv en to desperate shifts to sustain the fulling fortunes 'of the rebellion. This exposure comes at the very same moment with anoth er bogus rebel victory, duly chronicled by R. E. Lee in an official dispatch to the rebel secretary of war. It announces a spurious defeat of Kilpatrick by Hampton, which Lee, no doubt, thinks himself safe in making up, because wean get no news to contradict it. Considerin4 that nil through Sherman's Georgia campaign, victories over Kilpatrick were constantly announced, for which there was not n shadow of foundation, it is not ex traordinary that the same trick shMild be resorted to now. Hampton is one of the newspaper heroes of the rebellion. He invariably makes a victory out of every encounter, skirmish, or whatever else he may be engaged in, and this exactly serves Lee's purpose at present. The report he sends is pure bosh, but we may have to wait some time for the exposure of it. Sherman has not placed his prisoners in Kilpatrick's charge, for the reason that Kil patrick had too much other work to do ; and yet this bogus victory of Hampton's includes the release of a "great many" rebel prison ers from Kilpatrick, the capture of which we had not previously been allowed to hear anything about. The dispatch claims the capture of Kilpatrick's guns and many horses, and yet says that the guns could not be carried off for want of horses. Why not hitch the many horses" to them ? The only thing clear is that there has been a cav alry tight of some kind, in which Hampton has had one general, two colonels and two majors wounded, and one lieutenant colonel killed. The Legislature and the State Ju diciary. HARRI:=111:11r1 ][arch 10.—The (governor has vetoed an act of the Legislature propos ing important changes in a judicial district. of this commonwealth. The veto, as well as the accompanying opinion of the Attor ney General, defl.les the Constitution, and possesses tin interest which entitles it to he placed on record before the public. EXECUTIV 011 AM HER, lIARRISIWRG, ➢Larch 10, 1835.-7 o the Senate and House of RepresentativesAr.—Gentlemen: 1 here with return to the House of Representatives, in which it originated. Bill No. 18-1, entitled " net relative to the Fifth Judicial Dis trict of Pennsylvania, " It is with much re gret that I feel compelled by my oath of office to tt ithhold my signature from this Lill on account of its being in violation of the Constitution. I have on this question requested the opin ion of the Attorney General, a copy of which I transmit with this message, and as pert of it, and I entirely agree in the conclusion at which be has arrived. On all subjects, and especially on a matter so vitally impor tant.as the Judiciary, I conceived it to be necessary to abstain front any action that may clash with the true meaning and spirit of the constitution. Whatever may be the result, I feel bound by every obligation that can bind a magis trate, personally and officially, to do what I conceive to be my duty in this regard. The Opinion of Attorney General liferepith. —My opinion is requested by the Governor on , the question whether nny of the provisions contained in the bill entitled "An act rela tive to the Fifth Judicial District of Penn sylvania" are unconstitutional. This bill proposes to annex Washington county to the Fifth Judicial District, ( now composed of Allegheny county alone, ( pro vided a majority of the qualified voters of Washington county shall vote in favor of such annexation. There is no connexion be tween the counties composing a Judicial Dis trict except that they have the same Presi dent Judge of the Court of -common Pleas. The second section of the bill prOvides that the Judges of the DistrietCourt of Allegheny county, and the assistant law judges of said county, may hold the several courts of Wash ington county as they may severally be assign ed to that duty from time to time, with the consent of the president Judge of the Fifth Judicial District, and shall have the same powers and jurisdiction which aro now or may hereafter be conferred upon him. The annexation of Washington. county to the Fifth Judicial District would not make the judges of the District Court, or the assistant judges of Allegheny county, judges of the Court of Common Pleas of Washington county. This section, therefore, authorizes the President Judge of the district, at his pleas ure, to substitute for himself in one county of the district a Judge of ono of the 'Courts in another county of the district. There are acts providing for the holding of special Courts by the President Judge of another Astriet,_Nvbere_the-Prosident-Judge-4-the proper district is disqualified to sit. And such acts are supported from the necessity of the case to'prevent a total failure of justice. 'But to allow a. President Judge 'Merely at. his own pleasure to appoint a deputy to per form his judicial, functions, (as this bill pro poses, )would in my opinion be as breach of the fundamental principles of the ,constitu tion, which provides for the:judicial power, and for the appointinent or election of judges to exercise it. I am aware , that a particular clause in the constitution, which, provides, expressly that the President' Judg,e of the Common :Pleas shall lie one of the Judges to hold a Court of Oyer riner<irminer, hike, been modified by, decisions which allo*.•:,Jaw Judge of the same . Court to take his place, or allow the Judges of a COUrt created by the Legislature to held an Oyer and Terminer independent.. ly of the Judges of the Court of Common . Pleas. But I am not aware otany„deeision Whieb' would allOw the President judge of a district at his option to appoint from time to time as his deputy or locum tenents, a Judge, of a CoUrt in oho county toehold eitherlho civil or criminal Courts of another county. I am therefore of the opinion that the second section of the bill in question would, if enacted, be a violation of the constitution Wm. M. M.rumamu, Attorney General. CAIIELEB9 WRITERS.—The report of Post master Dennison shows an extraordinary amount of carelessness on the part of the letter writing community. Three million five hundred and eight thousand and twenty five dead letters were received during the past year—over niiie thousand a day. Many of these letters contained money, deeds bills, of exchange, drafts, checks jewelry and other valuables. Some of them were misdirected, others not directed at all, others unstamped, and others only partially directed. Thou sands of dead letters were retured to the writers, but the great majority had to be des troyed. This statement ought to teach the Public to be more careful in their correspon dence, for the amount of suffering caused by these lost letters is incalculable. CONFERENCE APPOINTMENTS.—The ses sion of the East Baltimore Conference, which this year was held at Danville Montour coun ty, was brought to a close on Monday even ing, the 13th inst. The following are the ap pointments for Carlisle District: J. S. McMurray, P. E. Carlisle—Thomas Sherlock. Emory—S. L. Bowman. Car lisle Circut—C. Graham, one to be supplied. Mechanicsburg—J. Stine, 0. Ego, sup. Mount Holly Springs—G. T. Gray. Shippensburg —H. S. Mendenhall. Shippensburg Circut— J. G. Moore, T. M. West. Chambersburg— S. H. C. Smith. York Springs—W. G. Ferguson, E. F. Pitcher. Hanover—l. C. Stevens. Gettysburg—S. L. M. Conser. York —J. H. C. Dosh. York Chapel—W. W. Evans. Wrightsville—E. Burham. Shrews burg—G. Warren, J. Maxwell Lantz. Dun cannon—James Brads. Newport—J. W. Cleaver, J. Donahue. New Bloomfield—F. B. Riddle, W. H. Maxwell.. Mifflin—E. W. Kirby. Mifflin Circuit—G. W. House, one to be supplied. Concord—J. R. King, W. H. Whitney. J. A. Gere Chaplain U. S. A., Hospital, member of York Quarterly Conference. J. A. Ross, Chaplain U, S. A. member of Carlisle Quarterly Conferee: e. C. D. Chenoweth, agent of Dickinson Col lege, and member of Emory Quarterly Con ference. E. Butler, Tract Agent and member of Carlisle Quarterly Conference. Couans.—The administration of medicinal preparations in the form of a lozenge, is of all modes the most eligible and convenient, more especially as regards a Couonit EuEDY, " Brown's Bronchial Troches " or COUC' Lozenges allay irritation, which induces coughing, giving instant relief in Bronchitis Hoarseness, 1 - fluenza, and Consumptive and Asthmatic complaints. Ea .The President nornim:ted to the Sen ate lion. John P. Hale as Envoy Extraordi nary and Minister Plenipotentiary - to the Court of Spain. The Senate, without refer ring the nomination to a committee, unan imously confirmed it according to the usage in cares where nominees have been or are members of the Senate. 10Z — Cardinal the olistinguish ed leader for many years, the jteinan interest in Ettgland, died. on the. 13th ult. Ile — There was an aceident on the rail road between Philadelphia and Trenton, on Monday, whereby several per,mis were kill- gel_The door-keeper to the President's house—one O'Leary—has been dismissed from his place for taking bribes for admis sion to an interview with Ow President. Glorious NeIFS from the Shenandorth— " Cavalry' . Sher t',f s Recent R COlll plele Ihfca al • UOU'rol Early Cap , ft re of Charlottesrille—Linch burg Threatened— Pburteen (.nits Ta ken front the Chivalr,i—Urrat De struction of Radroads, and Bridges— dames River Canul Brohen—G'reat Feu - kr of Richmond Destroyed—,-Our Forces Meet with no Opposition—The The Rebel Ownniodore Hollins .S'hot— Capture of Large Quantities of Store,: WAsitixoTos March 13.—Mjor-Generdi John A. Dix, New York:—The following report of General Sheridan's recent opera tions have been received by this Depart ment. A. G. CI7RTIN CITY POINT, Va., March .1.3, 180.5.—H0n. Edwin M. Stanton, Scc ' retary of 'War :—Tho following dispatch is just received. U. S. GRANT, Lieutenant-General. 11RAD-QUARTERS, MIDDLE MILITARY pi- VISION, COLUMBIA. VA., Friday, March 10, 1865. =Lieutenant-General Grant, Com manding Armies of the United States.— General—ln my last despatch, dated Waynes boro, I gave a brief account of the defeat of General Early by Custer's Division. The samocaight this division was pushed across the Blue Ridge rind entered Charlottesville at 2 P. M. Tho next day the Mayor of the city and the principal inhabitants came out and delivered up the keys of the public build ings. I had to remain at Charlottesville two days. This time was consumed in bringing over from Waynesboro our ammunition and pontoon trains. The weather was horrible beyond description, and the rain incessant. The two divisions werA.dAring this time, occupied in destroying' the two large iron bridges, one over the - .Ravenna River, and the other over Morse's creek, near Char lottesville, and the railroad for a distance of eight miles, in the direction of Lynchburg. On the 6th of March I sent the First Di vision, General Devitt, commanding, to Scottsville, on the James River, with direc tions to send out light parties through the country, and destroy all the merchandise, mills, factories, bridges, &c., on the Raven na River, these parties to join the division at Scottsville. The division then proceeded along the Ca nal to Dug,uidsville, fifteen miles from Lynch burg, destroying every lock, and in many places the bank of the canal at Duguidsville. We hoped to secure the bridge to let us cross the river, as our pontoons wore use 'less on account of the high water. In this, however, we, were foiled, as both this bridge _and_the-bridge atllardricksville-were burned by the.enemv upon our approach. Merritt accornpahiedr this division. The Third DiVision started at the same time from Charlottesville and proceeded down the Lynchlitirk Railroad to Amherst Court House, destroying every bridge on the iond,.and in many, places miles of the track. The bridges on this road are' numerous and some of them 600 hundred feet in length.. We have found great abundance in this country fevour .men and animals—in fact the canal had been the great feeder of Rich mond. At the Rockfish River the bank of the canal was out; and at New.Oanton, whore the dam is across the James, the guard look was.destroyed and the•Janies River let into the canal, carrying away the banks and washing out the bottom of the canal. ' " The dam acros6 'the' Janies at this point was also 'partially destroyed. I have no op -position: Everybody is bewildered by our movements. I hnvo hnd no news of any kind sinco I SHERIDAN. CFFICIAL WAR GAZETTE, EDWIN M. STANTON, Secretary of War left. The latest Richmond papers wore of thel4th, but contained nothing. I omitted to mention that the bridges on the railroad from Swoop's Depot, on thoeth er aide of Staunton, to CharlottesVille, were utterly destroyed. Also all 00 bridges, for it distance of ten miles, on the Qordonsville Railroad.' The weather bus .ben verthad, indeed; ruining bard every day,' with the ex- Caption of four days, sinde we left. "My wagons have, from the state of the road, de tained me. •I.Tp to the present we have cap tured fourteen pieces of artillery, eleven at Waynesboro' and three at Charlottesville.— The party that I sent back from Waynes boro' started with - six pieces, but were obliged to destroy two of the six for Want of animals. The remaining eight pieces were thoroughly destroyed. We have captured up to the present twelve canal boats laden with supplies, ammuni tion, rations, medical stores, etc. I cannot speak in too high terms of Gen erals Ideritt, Ouster and Davin, and the men of their commands. They have waded through mud and water during this contin uous raid, and aro all in fine spirits and health. Commodore Hollins, of the Rebel nary, was shot near Gordonsville, while attempt ing to make his escape from our advance in that direction. Very respeotually, your obedient servant, P. H. SHERIDAN, ➢Zajor-Goneral Commanding. [Columbia, Va., where Gen. Sheridan dates the above despatch, is at the confluence of the Revenue river with the James on the James River Canal, and only 52 miles north west of Richmond.] WASHINpTON, March 13th.—The Rich mond Examiner of the 10th instant contains a small local item announcing the arrival of two of Sheridan's men, who were captured near; Lynch burg, thus inadvertently con firming his advance to that point. Fourteen hundred men and forty officers captured by Sheridan near Staunton, were' forwarded to Fort Delaware this morning GLORIOUS NEWS FROM SHEB,, IDAN. Gallant little Phil. Sheridan has again been on the war path, and as a logical result the rebels in his way have been brought to grief. Gcn. Griint telegraphs to Secretary Stanton from City Point, that rebel deser ters and refugees coming in agree in report ing that on Thursday last Sheridan attack ed Early near Charlottsvillei capturing that notable rebel chief and his force of 1800 offi cers and men. Sheridan is within 70 miles of Richmond, and is on the way to Lynchburg, a place that the rebels most earnestly desire to retain, to receive their broken and disordered forces in the retreat that they evidently expect soon to be compelled to make. It is stated that Leo has sent forward aportion of his forces from Richmond to reach Lynchburg before Sheridan, and if possible to hold the place. The rebels at Richmond appear to be in desperate straits. With Grant grappling them by the throat, and hanging on like a bull-terrier dog, and Sherman and Sheridan closing in upon them like the slow but un swerving march of fate, their position is cer tainly not a hopeful or ea viable ono. They may succeed in postponing their inevitable doom for a few months, but the hand writ ing of their fate seems to be upon the wall, legible to all who will read it.—Phi/. In quirer. SCHOFIELD. The Great .I.tovement itt the Carolinas-017i dal Despatch from. Gen. Schofield—Reary Edict Attack on Our Lilies—They are Re pulsed with 'Severe Loss—Their Dead and Wounded Left on the Field—Large Nun,. bens of Prisoners Captured—Another Ver sionof the Kinston Battle—Bragg's Forces Driren from the Field—Ruinureil Release of Union Captives—Gencral Lee Reports Another Victory—lncendiarisin at A ugusta Georgia OFFICIAL WAR GAZETTE. WAsurNoToN, March 13.—Major-General John A. Dix, New York:—The following despatches have been received by this Depart ment:,— EDWIN M. STANTON, Secretary of ‘Var. CITY POINT, Vat., March 13, 1865. Hon. Edwin M. Stanton, Secretary of War:—The following despatch has just been received:— U. S. GRANT, Lieut.-Gen. Wissfs Form, March 10, 1865.—Linuten ant-Generul Grant :—Tho enemy made a heavy attack upon our centre and left to-day, but was decisively repulsed, and with heavy loss. 11 is dead and brolly wounded were left upon the field. We Ids° took several hundred pris • ()Tiers. Our loss is small. Crinrrai Couch is only twelve miles from hero to-night, and will be up early in the morning. ; Wri took lori,mers from Lee's and Stew , „ Stew art's Corps. They say two Corps are here, and the rest of Jo h oNton - s army is coming. (Signed) J. M. SCIIOFIELI), Major-Com nil. From the Richmond Papers of Mon day, March 13th. GITY Potivr, Va., March 13. 7 —T0 lion. E. M. Stanton, Secretary of Warr—The fol lowing items I take from to-clay's Richmond papers:— U. S. GRANT, Lieutenant-General. ‘• We have some good mews this inorning. News of a victory in South Carolina. It is announced in the following official despatch from General Lee. Though the despatch is rather scant in its particulars, enough is giv en to show that Kilpatriek was badly worA ed:— "HEAD-QUARTERS, March 10, 1865.—H0n. • John C. Breckinridge, Secretary of War: General Hampton attacked General Kilpat rick at daylight this morning. and drove him from his cam p, taking his guns, wagons, many horses, and several hundred prisoners, and releasing a great number 01 our men, who were captured. The guns and wagons could not be brought off for want of horses. Many of the enemy were killed and wounded. Our loss was not heavy. Lieuten ant-Colonel J. S. King was killed. Briga dier-General Hunn, Colonels Ragan and Morrison, and Majors Davis, Ferguson, and others wore wounded. (Signed) It. E. LEE, General, dm. "It will be observed the locality of the fight is not named in 'the despatch. This is for prudential reasons. • General Markland, themilitary =Regent, has arrived at Morehead City, with a large mail for Sherman's army, which he is wait ing to deliver by the way of Newborn. Sherman has no communication with the North, and it would be imprudent to publish. where he was, as it would only be giving news to Grant of his progress. Matters are beginning to look decidedly better for us in the South. In. the last three days we have had news of two victories, one in North Carolina and ono in South Carolina. FROM THE VALLEY. We alluded in our last issue to a movement being made for the purpose of recapturing our prisoners who were taken from Early in the recent fight near Waynesboro, and.who wore being conducted under guard to Win chester. The following official despatch tells of it:—• HEAD-QtrAnTERB, March 9, 1865.—R0n. J. C. Breckinridge, Secretary of War : General Rosser reports that on the oth a few of his men attacked the .enemy near Harrisonburg, who were guarding prisoners taken at Waynesboro; and that he captured a few prisoners. On the morning of the 7th he again attack ed them near lteid's 11111. having detained them for e dey end night_at the river. the - in caused to retire in haste, abandoning the only piece of artillery they had and. the_ •ambulance. Ha annoyed, them a good deal and- enabled a good many of our men to Nape. (Signed) It E. LEE, General. • The Northern papers claim to have captur ed about one thousand prisoners in the fight with Early, and report that most of tiiis number had reached Winchester. • • GEORGIA. CIUintESTON; . : 'March B.—The Southern Express Company's messenger from Augusta brings advices to the 8d instant. No news of filtered had transpired west of the Savan nah River. The Georgia Senate passeda resolutiondo airing thatit - does not concur in reeontni.en. dation of GOV.-Brown for d Conventionby a vote of ,20 yeas to ,8 nays. • • • SeveraLlextensiVe tires had 'occurred . inc Auguste; They were !supposed to be the work of an:incendiary... EXCECAITOZ OF ,PRIIIONFIIB About 400 Yankee prisoners will leave, Richmond in j thia 'Morning's boat on. their return horne,by flag-Of-trueo. .Among the Umber are:BB °Alcor% including Generals Kelley and :Crook, who were recently cnp. , Lured. NEWSPAPER ACCOUNT. ARRIVAL °WORN. SCITOFTELE O --TRE REBELS IN FORCE AT KINSTON-BRAGG IN COM- EOM , NEWBERN, N. C., March 7.---Major-Gen end Schofield and staff has arrived here, having left Wihnington on Monday last. They bring no news from General Shorn an. The Rebel papers are equally ignorant of General Sherman's whereabouts. The roads are bad, which delays his progress somewhat. A letter was received here the other day, from a young man who has been confined in Salisbury Prison for the last two years, say ing that he was liberated by the Union forces. The Rebels are in considerable force at Kinston, N. C., having been recently rein forced. S. D. Lee's corps, from Hood's army, is reported there. Yesterday the enemy cap tured some of our skirmishers near Kinston, belonging to the Fifteenth Connecticut, and Seventeenth Massachusetts. Major Osborn, of the Seventeenth Connecticut, is reported 'wounded and a prisoner. Our captures will offset the enemy's thus far. General Bragg is reported to be in command of the Rebel forces at Kinston. Major-General J. D. Cox is in command of our forces at that point. lie, as well as General Schofield, is very popular with his troops, who are confident of success when a general move is ordered. The weather is very warm with an occasional shower of rain. LATER THE BATTLE NEAR KINSTON-FALSITY OF TILE REBEL ACCOUNTS-THE ENEMY RE-. PULSED WITH FIISAVY LOSS WASTIINOTOY, March 18.—Details under duto of Newborn, March 8, have been re- ceived here of General Cox's fight near Kinston, on the same day. It has been gross ly exaggerated by the Rebels. A. portion of D. 11. Hill's troops got between two divisions of Cox's forces, and captured two hundred men from a Connecticut regiment, two pieces of artillery from Battery I of the New York Artillery, and about two hundred and fifty men who . be6ame detached from their regi ments. Our loss was very slight. The fight did not last two hours, and re stilted in reforming and advancing our line beyond its first position, seven miles from Kinston. General Cox took over one hun dred prisoners, who state that they had just arrived from Richmond. The enemy's at tempt was to flank General Carter's division and take it all prisoners, but they only suc ceeded so far as narrated. Hoke's Rebel Di vision had pretty well fortified Kinsten. The news from Sheridan is glorious. Ho had destroyed twenty miles of the James River canal, and all railroads leading from the east to Lynchburg. Another Fight near Kinston, N. C VirAsiwccrrox, March 13.—A letter dated at General Cox's head-quarters, March 10th, says that on the day before (the 9th) Bragg again attacked Cox's forces, making two separate assaults, which were repulsed with heavy loss to the em my. Rutger's Division of the Twenty-third Army Corps captured one piece of artillery and two hundred prisoners. The enemy left the field in confusion. All of their killed and wounded fell into our hands. THE LATEST IMPORTANT' NEWS—OUR FOR.' ES Amur , : TIMM: M I. Es OF KINSToN—ANoTu ER BATTLE ExPEcTED—TIIIL REBELS I.IILAVI.- I=l N, C., March 11, 11 A. M.— The enemy elated with the capture of two or three small guns and a line of skirmishers in our front, made several charges yesterday, of a must reckless character, in ‘vhieli they were repulsed etch time with heavy loss. Our forces were intrenehed, and tire now within three miles of Kinston, to which point the ratilEoad is now complatA._ This enemy continue to receive reinforcements, and evidently intend to make a stubborn re sistance at Kinston. General Couch's Division, from Wilming ton, exonm u nicated with .\ njor-Genernl Cite, last night, from Beaver thun, n point lie had just reached, which is eight miles from Cox's head-quarters. General Couch joined Gen eral Cox's forces this morning, which indi cates a battle to-day. The enemy show signs of weakness, and will doubtless fall back to the other side of the 'Neuse River, and make a stand at Kinston. The enemy are report ed 15,000 to 2.1,W1 strong. A Rebel rain is statiiincd ni Kinston, t” protect the Neu,e, which is Moire exten bi re structure. It is reported by deserters that General Lee and :Nlaji”.-General Breeltinridge, front Itielininntl, had vieited and given instruetionit. Major-General Schofield remains in the field with Major-General Cox, giving every IllOVltlllent his personal attention. The ene my are very much alarmed and mystified in regard to Sherman's movements. We ex pect to hear from him in a day or two. Major-General Cox has issued an order emi g r e u at ng his troops on the heroic man ner In which they met the enemy, and successfully sustained themselves thus far. The Tennessee Election The Nashville Union publishes returns of the late constitutional election in that State from thirty counties and ten hospitals, regi ments, batteries, &c., of Tennessee troops: For ratification. Far rejection 8 counties, In Baia Tennessee give 6 431 1 21 counties In Middle Ten nressue - give 11,417 46 1 county (Shelby) In Went Ten-, flosses, gives 873 2 10 hospitals, regiments, &c, of troupe, give 3,333 0 —U.--- ^ Total 24,1.01 40 BOUNTY-JUMPER SHOT.—Yesterday noon a bounty-jumper, who belonged to Philadel phia, attempted to escape from the soldiers' rest. He had jumped one fence and, was in , the act of crossing another, when the guard fired upon him, the ball entering his leg, and causing him to halt. The wound is not con sidered dangerous. The man seems to be a fence-jumper as well as a bounty-jumper.— Harrisburg Telegraph. Coin - anti eon* Waiters. BOILING SI'RIONS HOTEL.—For rent from tifo Ist, April 1865. Apply to PETER F, got; Carlisle PA—Bt. APPRENTIOE WANTED.—A stout bay, with a good education and a good moral , char acter, will be taken at this office to learn the Printing business. None others need apply. POST MASTERS.—WO aro pleased to see that the President has re-appointed Robert Wilson, Esq, Post Master at Mechanicsburg, this County. William L Curridon, esq., has also been re-appointed at Shippensburg. • - No bettor , selections than the above named gentlemen could have been made, both be-, ing in possession of good business talents. —American. • OUR RETURNED PRISONERS.-A letter from Lieut. S. V. Ruby, Comp., A. 7th P. RV,o,_dated_Anapolis,_,M4—March-7thr gives the gratifying inteligence' that Lieut. -Burkholdcir and himself bad arrived there and were both in good health. He also states that Sargt. Faller and Corporals Harrie.and Sites with Privates Harry Eby and JOhn G. Otto, of Comp.-A. were , at Wilmington, N. C. on the Ist of March, all safe and well.— I American. 1 es 1 - I,V3iOVAL.OI I THEP OST VII;OA.—' , -OEi TueSday last the Post Office was removed to the corner of Main and Pitt streets, opposite the Mansion .Ifouse. 'The present, location, although a gpod one we cannot think prefer:. able to tho old ono 'hoWever Much it, may conduce .to the minvenance of the mail car rier. The old locathm 'NVjUI cortaigly mop) central, although „the room _may not have been so commodious. ter The following aro the official quo tas of this county, with all the credits re ported tip to the evening of Wednesday, March 16th, at the Provosallaishat's office. quota credits defo's Shippensburg Boro' 86 18 17 66 Twp 3 if Southampton 6 6 4 1 3 NeWburg Bore,' 2 1 1 I~owvilla Hopewell Twp 16 16 Mifflin 13 • 1 12 Newton ig 19 17 2 Westpensboro " 89 8 31 Frnnkford " 20 20 Penn 29 3 26 Dickinson " 33 10 28 North Middleton 18 5 18 South 48 26 22 Silver Spring 42 43 surplus Middlesex 27 27 Monroe 83 21 12 Upper Allen 21 20 1 Lower 20 19 1 Hampden 25 21 4 Eastpennsboro' 33 24 9 Mechanicsburg 86 87 surplus Now Cumberland 2 2 , Carlisle East Ward 20 18 2 " West Ward 19 17 2 SALE OF It EAL ESTATE.—W: hetir er, Esq., will offer for sale, atthe Court House on Saturday next, 18th inst., a tract of very valuable land. It is seldom that more desir able property is in the market, and we direct the attention of those who desire to make a good investment to it. For particulars see advertisement in another column. RELIGIOUS NOTICE.—Rev. J. F. AV's -11 AMPEL, Tract distributing agent, will preach in , the Church of God Chapel on Thursday evening next, March 23d; after which ho will distribute tracts among the congregation. A collection will be taken up for the tract cause. Genern.l attendance is invited. SANDERSON'S GREAT EXHIBVION.— The great Panorama of the Russian War, will exhibit for a few nights only in Rheem's Hall, commencing on Monday evening next. This great exhibition is so well known that no words of ours could add to the many in ducements offet•ed to sight seers. Prof. E.• It. WALKER, the cel ebrated Piano tuner, will be in town for a few days, GRAND COMBINATION CONCERT.— Messrs. JOHN 11. RIIEEM and DANIEL B. KIEFFER will give a grand musical concert in Rheem's Hall, sometime in the latter part of nest week, assisted by the Handel Asso ciation and PRon Wee. LEIGHTON, of Wil liamsport, who will render some of Gutts ehalk's finest compositions on the piano. In noticing PROF. LEIGHTON'S perfor mances, the Williamsport Bulletin says: We have no hesitation in saying- that he is rarely equalled end still more rarolv excelled as a Pianist.. Every touch shows him to be master of his art, in which he is an rinthusi ast. The " Grand Paraphrase on National Airs" brought out all the musical and pa triotic enthusiasm in the audience. It was a masterly effort, and most enthusiastically received. In this piece the Professor ex celled himself, and gave us a performance rarely attempted and more rarely executed, even by the best musical talent in the world. With the right hand he played " Yankee Doodle," with his left " hail Columbia," and rice versa. 11Onounit ELEcTioN.-ITerewith we present the nominations to 1111 the several of fices of our Borough Government. The ticket is composed of citizens well known to our readers, and we bespeak for it the ear nest support of our people. G'leiel If. yesA, NI\IUN W. EARLY. Assistant Burgess, FRANCIS ECK ELS Amscs.,r, JASON W. EI3Y 4 uditur, tiAMUEL D. 11.1:11 I'TON EAST WARD Town (ouncil, Thum Gbaticil, , George I'. Myers, Hobert Black, Gli%cr Delaney, - A. K. Rheeni, John Martin, John lia3s, Jacob Zug, jr., S. 1). ',Ullman, Franklin Gardner, Tux Collector, ,Juslma Fagan, IL R. Williams, JuAtice of the Pewee, Stephen Keepers, Judge, Judge, Robert Cameron, James Postleth wait, Inspector, Inspector, James Calli°, Alfred Rhinehart, School Directors, School Directors E. Common, 3 yrs. R. C. Woodward, 3yrs H Newslittur, 2 yrs., Copstable, Cwtstable, Charles B. Meck. John A. Waggoner ELECTION TO-DAY The following circular is published for the information of all concerned: R. M. HICNDERSON, CAPT. So PRO. Meram.A.L, 16th Dist.. Pa. OPINION. ATTORNEY GENERAL'S OFFICE, 1 February 9, 1865. j 1213 In Your letter of the 28th January, you ash my opinion on the legal points present ed in the letter of Governor A. G. Cun to you, of date tlm2tith January. . _ Governor CunTrN's letter - is in relation Co the construction of the act Act of Congress, approved 8d March, 1863, commonly called the Enrolment Act. lie insists— Ist. That the words "period of service," since the commencement of the rebellion, as used in the 12th section of the Act, do not require the President, in assigning the quotas to the several States, to take into considera tion the whole term of enlistment of the vol unteer and militia man; cued 2d. That that part of the Act of the 8d of March, 1863, which makes the period of ser vice an element in the talculation necessary to determine the number of men duo from a Stato,.district,,county, 'or town, has been re pealed by the 2d section of the Act amenda tory of the Enrolment 'Act, approved 24th February, 1864. It will be more convenient to consider these questions in the reverse order, inns ' much es it' it shall bo 'found that the repeal has been made, as contended for,. the first point made by the Governor rxe_e_d_not_be_ The great objects of the Enrolment Act are: Ist. To declare who shall constitute the national forces; and • 2d. To organize a plan by which the na tional forces cah bo made available. Subordinate to the purpose of raising and organizing the national forces, the plan a dopted by Congress shows a desire that the draft upon the industrial population of the several States, and the communities thereof, should be equalized as nearly as practicable: By the 4th section of the ttet of the 8d of March; 1888, the.United' States is divided into districts, of which the District of Colum bia shall constitute one, :each Territory of the .United States ,shall constitute ono or more, ns . the President`shall direct, and each° Congressional' District of the 1 espectivo States, as axed by_ a law of ' the State„ next preceding the enrohnent, shall constitute one. The Bth section provides, that. there 6411, k o , a Eoard of Enrolment in each Dis trict. 'By the 9th section, it is provided, that if the Board of Enrolment shall deem it necessary, a District may be divided into two, and, with the assent of the Secretary of War, into any greater number of Sub divi sions. By the 12th section, it is made the duty of the )E'resident, in assigning to the Dis tricts the number of men to be furnished therefrom, to take into consideration the number of volunteers and militia furnished by and from tho scycral States in which said Districts are situated, and the pei iod of their service since the commencement of the ,pre sent rebellion ; and shall so makesaid assign ment as to equalize the numbers among the Districts of the several States, considering and allowing for the numbers already fur ' nished as aforesaid, and the time of their ser vice. 13 2 11 It is evident, from the face of this Act, that the several States and Districts had fur nished a number - of volunteers and militia, and for periods of service. Tho first duty of the President was to have the national forces enrolled; his next duty was to ascertain what number of volunteers and militia had been furnished from the seV eral States, and the periods of their service since the commencement of the present re bellion ; and then, from what Districts in the several States they came, that ho might equalize the numbers among the Districts of the several States, considering and allowing for tho numbers already furnished as afore said, and the time of their service. Under the Act of the 3d of March, 1863, it is plain that lie had no right and power to cut up a District into coulities, townships, precincts, or wards, in order to equalize thedraft there in. The authority given in the 9111 section to sub-divide a District Was for the purpose of facilitating or expediting the enrolment, and with no reference to equalization. It might, and doubtless did happen in many Districts, that one well defined portion of a District, as a county, township, or ward, had furnished greatly more than the num ber due therefrom, whilst other parts of the same District, equally well defined, had fur nished few or none, thereby making a draft upon the District necessary; and yet, under the Act, it was not in the power of the Pres ident to make the draft otherwisethan equal over the whole District. This was unjust and oppressive. .In order to correct this flagrant hardship and injustice, Congress, by the 2d section of the Act of 24th February, 1864, and which is in amendment of the Act of 3d March, 1863, declared that the quota of each ward of a city, town, township, pre cinct, or election district, or of a county, where the county is not divided into wards, towns, townships, precincts, or election dis tricts, shall be, as nearly as possible, in pro portion to the number of men resident there in liable to military service, taking into ac count, as for as practicable, the number which has been previously furnished there from. It isearnestly insisted, and most ingenious ly argued, that this second section of the amended Act repeals so much of the 11th section of the Act of the 3d of March 1863, as makes it the duty of his President to take into consideration the period of service of the volunteers and militia from thesoverid States. The argument in favor of the repeal rests wholly upon the words of the amendatory Ac•t—" the number which has previously fur nished therefrom." It is insisted that '•uurn ber," as here used, means an arithmetical count. I cannot so understand it. The Act of the 3d March, 186:1, had pre scribed a mode by which the number of men due from the several States, should be :nicer tainial; and that mode required, not a simple, count,'but a consideration of the period of sm.\ ice of MPH previously fornislied. Con gress used the word number in the Ohl section of the amendatory Act, understanding that the mode of count prescribed in the ori gival Act would be preserved. There are many evidences upon the face of the amendatory' Act which show that it was not the intention of Congress to change the mode or count prescribed in the original Act. The amended Act does not undertake to say how the quota of a State or District is to be ascertained. In 11,Zeertflining what num ber is due from a State or District, _the Presi dent- lutist pursue the mode prase - I-HIM - in the 12th section of the original Act—he must take into consideration the period of service; and vet, under the construction insisted upon, when he comes to ,apuilizc thedraft, AS author ized to do by the amended Act, in the Dis tricts, Le must be controlled by simple num bers. It cannot be that Congress intended one mode of count for the States and Districts, toad a different and wholly inconsistent one for the Sub divisions Of Districts. Inextri cable confusion would result.. From the language used in various parts of the amendatory act, it is evident that Con gress did not intend to disturb the mode of count prescribed in the original act. For instance, in the Bth section of the amendatory act, it is said that the town, ward, or town ship shall be credited by his services, and in the 7th section, "the period for which he shall have been enlisted, - and "the period for which he shall have heel) drafted," all going to show that time of service was held to be an element in the court. W EST W A.R D Nor do I think that the argument in favor of the repeal is aided by the language of the Ist section of the act, en titled An act fur ther to regulate and provide for the calling out the nationol forces," apprtived 4th July, 1864, The act save, that any such volun teer, or in case of draft., as hereinafter pro vided, any substitute, shall be redited to the town," &c. Congress meant that the credit should be given according to the inode of count pm s.iribed in the act of 3d March, 180. The whole purpose at the 2d section of the amendatory act was to enable the Pro , ident to equalize the draft in the several districts, surely not to have one mode of count in as certaining the quotas of the several States and districts, and another mode for equalizing the districts. 'Besides, it is hardly to be con sidered that Congress would thus incidental ly strike from so important.a statute a fea ture so prominent and equitable. q'ax Cillector, I am, therefore, of the opinion that the mode of ascertaining and assigning to States and districts their respective quotas, as pre scribed in the 12th section of the act of the 8d July, 1863, is not repealed, and that the same mode must be pursued in equalizing the draft among the sub-divisions of each district. - .Next comes the question, what is the mode Of count prescribed in the 12th section of the act of 8d March, 1863 ? lila' very plain thht Congress regarded that a consideration of the period of service would change the rule from a merely numerical one. Some credit was to be given for the period of service as well as for the man. Congress has fixed various periods of service, and States .and districts, and fractions of districts, had furnished men for those periods of sorvico. Now how is the credit to bo given? ,Before proceeding to answer the question, it may be proper to state, that it is insisted the words "period of time" and "time of ser vice,!' as used in the 12th section of the act of March 8, 1868, moan something different from' term of aervice. It seems to me that the phrases mean ono and the same thing. When the word term is used in reference to time, it is, according to the lexicographers, very nearly the synonym of period. The difference betwixt them, if any; is too uncer tain and shadowy to believe that Congress meant by the use of one, something different from what is understood by the other. But the words period and term, both occur in after parts of the acts now under consideration. In the 18th'section of the act of 1868, the term of service is spoken of, and the term of re enlistment, whilst-in tho 7th section of the amended act, it is the period for which ho shall have enlisted and the period for which ho shall have boon drafted. Thus it will be perceived, that upon the very face of these icts,_Congress 7 used-these—words-as-meaning-' the same thing.. It happens too in the act, that neither word may •be used and yot the same idea intended, as in the Bth section of the amended act, whore the language is "shall be credited by his services." Regarding then "period of serVice,"' and "term of - Service," as, meaning the -same thing,, any argument predicated upon a ,dif foronco must be disregarded. And thus we are brougheback to the question, bow is the credit to be given? 41ust the credit be for the time of actual service, or the period of enlistment? • • ' •:, I 'think that Congress intended - by thP words ! , period of service," to give Credit for the time of his enlistment.. When if. 'flan enlists in,the service of the Government' for one, two,or three yours, his services are duo. to'the Gtverninefit for,that poriod;Airid dur ing thatperiod his services are withdrawn from the.industrial pursuits of life.: The act 'speaks as though there was a certain and ed period for, the services of each man, and yet, if any period or time is taken, other, than the term. of enlistment, by some system' of averages or guesses, a rule must bo fixed. To do so would violate the certainty con• tomplated by the act. I am, therefore, of the opinion that the President must, under the act, give credit by the whole period or term for which the man enlisted. Whether this in the rule which should have been adopted by Congress, whether it does not operate unequally, and.whether it is exactly just or not, are questions that can not now be considered. It is familiar to all that special cases of hardship will occur by the application of any general rule, never theless the law, as written, must be pursued and enforced. Very respectfully, your obedient servant, (Signed) JAMES SPEED, To the PRESIDRNT. Attorney General. The following Circular is published for the information of all concerned. R. M HENDERSON, CAPT. & PRO. MAR. 15th Dist. Pa. CIRCULAR, 1 No. 5. j WAR DEPARTMENT, PROT OST MARSHAL GEN MUT.% OFFICE, WASHINGTON D. C. March 8, 'GS. The following Act of Congress is pub lished for the information and guidance Of all concerned : AN ACT to amend the several Acts hereto forc.passed to provide for the enrol ling and ratting out the notional forces,. and for other purposes. * * * * * * " SEcTioN 13. And be it further enacted, That where any revised enrolment in any Congressional or draft district has been ob tained or made, prior to any actual drawing of names from the enrolment lists, the quota of such district may be adjusted and 'appor tioned to such revised enrolment instead of being applied to or based upon the enrol ment as it may have stood before the revis ion. '• litceTtoN 14. And be it further enacted, That hereafter all persons mustered into the military or naval service, whether as volun teers, substitutes, representatives, or other wise, shall be credited to the State, and to the ward, township, precinct, or other en rolment sub-district, where such persons be long by actual residence, (if such persons have an actual residence within-the United States,) and where such persons were or shall be enrolled, (if liable to enrolment,) and it is hereby made the duty of the Pro vost Marshal General to make such rules and give such instructions to the several Provost Marshals, Boards of Enrolment, and Mus tering Officers, as shall be necessary for the faithful ell hireetnent of the provisions of this section, to the end that fair and just credit shall be given to every section of the court- try : Provided, That in any call for troops hereafter no county, town, towushp, ward, precinct, or election district, shall have cred it except for men actually furni-Med on said call, or the preceding call, by said county, WWII, township, ward, precinct, or election district, and mustered into the military or navel service on the quota thereof. S nut . ox 15. And be it further enacted, That in computing quotas hereafter, credit shall be given to the several States, districts, and sub-districts, for all men furnished from them, respectively, and not heretofore crcd it,•d, during the present rebellion, for any period of service of not less than three months calculating the number of days for which Buell service was furnished, and reducing the name to years: Prenided, That such credits shall not be applied to the call for additional troops made by the President on the twenty first day of December, eighteen hundred and Si xty-k our. t• SttcrioN 16. And be it further enacted, That persons who have been, or may here after be dratted, under the provisions of the several nets to which this is an amendment, for the term of one year, and who have ac tually furnished, or may actually furnish, acceptable substitutes (not liable to draft.) for the term of three years, shall be exempt front military duty during the time for which such substitutes shall act be liable to draft, not exceeding the time for which such sub stitutes shall have been mustered into the service, anything in the act of February twenty-fourth, eighteen hundred and sixty four, to the contrary notwithstanding. SECFION 17. And bc.i s f flirther enacted, That any recruiting agent., substitute broker, or other person who, for pay or profit, shall enlist, or cause to be enlisted,- as II volunteer or substitute, any insane person, or convict, or person under indictment for a felony, or person in a condition of intoxication, or a deserter from the military or naval service, or ally mohair between the ages of sixteen and cigl.teen years, without the consent of his parents or guardian, or tiny minor under the age of sixteen years, knowing him, in either case nefore montioned, to be such, or who shall defraud or illegally deprive any volun teer or substitute of any portion of the State, local, or United States bounty, to which Ito may be entitled, shall, upon conviction in any court of competent jurisdiction, be fined not exceeding one thousand dollars, nor less than two hundred dollars, or imprisoned not exceeding two years and not less than three months, or both, in the discretion of the court aforesaid. " SKirioN 18. And he it further enacted, That any officer who shall muster into the military or naval service of the United States any deserter from said service, or insane,,per son, or person in a condition of intoxication, or any minor between the ages of sixteen and eighteen years,_ without the consent of his parents or guardian, or any minor under the age of sixteen years, knowing him to be such, shall, upon conviction by any court inertial, be dishonorably dismissed the ser vice of the United States. " SEertox 19. And be it further enacted, That in every case whore a substitute is fur nished to take the place of an enrolled or drafted man, and it is shown by evidence that shall be satisfactory to the Secretary of War, that such substitute was, at the time of hit enlistment, known by the party fur nishing him to bo non-con/pea roentis, or in a condition of intoxication, or under convic tion or indictment for any offence of the grade of felony at the common law, or to have been guilty of a previous act of deser tion unsatisfied by pardon or punishment, or by reason of any existing infirmity or ail ment, physically incapable of performing the ordinary duties of a soldier in actual service in the ranks, or minor between the ages of sixteen and eighteen years, without the con sent of his parent or guardian, or a minor under the ago of sixteen years, it shall be the duty of the Provost Marshal General, on ad vice of the fact, to report the same to the same to the Provost Marshal of the proper district ; anti if such person so enlisted and incapable shall have boon, since the passage, of this act, mustered into the service as 11 substitute for a person liable to draft, and, not actually drafted, the name of the person so liable who furnished such substitute shall be again placed on the list, and be shall Ito subject to draft thereafter, as though no such substitute had been furnished by him; and if such substitute so enlisted, and incapable as aforesaid, shall have been, since the pas sage of this act, mustered into the service as a substitute for a person actually drafted, then it shall bo the dtity of the Provost Mar shal General to direct the. Provost Marshal of the district immediately to notify tho per son who furnished such substitute that ho is held to service in the place of such substi tute, and ho shall stand in the same relation and bo subject to the same liability as before thh furnishing of such substitute. "SECTION 20. And be it further. enacted, That in case any substitute shall desert from 'the army,`and'it shall appear by evidence -satisfactorrto-theiSecreturrof - ViTarrtbatthe party furnishing such substitute shall have, in any way, directly' or indirectly, aided or abetted such desertion, or to have been :privy to any intention,on the part of such substi tute to desert, then such prim shall be im mediately placed in the army, and shall servo for the period for which ho was liable to 'draft, such service .to - ,commence at' the date of the desertion'Of the substitutC,',"_, s Eario 21, And be 'it further enecolid;, That, in addition to the other lawful -penal, ties of the crime of desertion from the milt, tary or naval service, ell Perioni- who have. deserted the military, or naval service of tin* United States, who shall not return to said service, :Or report themselves to a Provost Marshal within sixty days after the problit; motion Ifereinaftor mentioned shallbo - dociiiedr• and taken to have voluntarily relinquished and forfeited their righti tobecomeeitizepa ; and such deserterS shall-be forever hicapalble of holding any office of trust or Prollt : under, the United States, .or of exercising an rightii of citizens thereof; and all pardons who shall .
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