Carlisle herald. (Carlisle, Pa.) 1845-1881, August 25, 1870, Image 1

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    J. A'WEAKLEY.I
WALLACE. J
CARDS.
ADDISON HUTTON,
ARCHITECT,
532 Walnut Street; Philadelphia„ Pa.
PLANS, DESIGNS, PERSPECTIVE VIEWS.
SPECIFICATIONS, AND WORKING DRAWINGS,
For Cottngvn, Farm /1011.51, Villas, Court Ileusea,
Halls, Churches, School Rowe. FRENCH ROOFS.
27.jan701y
W. A. ATWOOD. ISAAC W. RUCCF.
ATWOOD, RANCK & CO.,
=1
I=
PICKLED AND SALT FIS
No. 210 North Wharves,
Above Rare et reel,
loc7o
COMBINATION.
I=
HArERSTICIT BROTHERS,
Nn. 5 S .oth, and No. 10 North /Innover I.lrent.r.
IBMS
'DENTISTRY !
EENZEIBII
N 6. 68 East Main street,
I=l
Carlisle, Penn' a,
Will put in teeth flout :10 to :20 per .1.. tI
C. 1,0 may require. All ,vorl: uneruntell.
101.70
• DR. GEORGE SEA.RIGIIT,
DENTIST,
From the Baltimore College of Don lal Surgery. Oates
at the residence or his mother, Ea , t Louth,
three doors billow Bedford.
DR. I. Y. REED,
lIONREOPATIIIC PHYSICIAN,
ihe located iu Carlisle. 0111, next dnnr to' St
I' l', Evangelical Church, )1"...4t Louth, 4, , 14
Pat ienk from a dlstan, p1e,,0 .11 in the I,,rrohoon
rill..T S. BENDER,
110 NIIEOPATIIIC PHYSICIAN.
full, :II Mt-welly Ct.]. th. 1,1
D R. EDWARD SCHILLIN.G,
Forndo . ly Ulvkildon towto.lun, 1.1111,1.41 h tan t
of Dr. /diner, L,.¢+101,0 to Inform tt,r ,itizotta of
Cat-little %loinily, nod he - Juts perm:m..lllly
lii In till% plavo.
26 EAST PONERE'P STREET
=EI
:+llOll
E . L. SIIRYOCK,
JUSTICE
Office, N, s Inindn Row.
•
El E. 13ELTZ11.00VEI3,
AI7OIINEV AT I.A %V.
1/Itice m Spa, 11 11/111011'1' St 11,1, OM/Writ.' II.•1102,1 dry
111,84;9
G \V. NEIDICII, D. D. S.,
',DENTIST.
Leto Itaintemnater of OperatiN'e latati,lty or the Ilel
tiriatt—'l-tTellet.re ell/eat:o Sttrgety. Unice at him remi
denve,eppetete Marion Ilan, K.•t Meet ittritot, Car-
Pa. Itte.an
HOLL WMTE,MAN &: CO.,
WROLESACE DEALERS IN
- MANI:TACT CRED TOBACCO,
N. E. Cor. Third and Market streets,
1 decll9l y
C. P. 1117).17tICII. IVM. PAIIt:I
111 ~,„,
ntreet,iii 3lation Cat II:11< 114
11AVI . f,RSTICK 13WYPIIEIN,
=
1111=
No. ri South IT:mover Street
14 V' ly
ISAAC K. STAUFFER
WATCHES AND JEWELRY,
kNo. 118 NORTH swum.) STREET
Comer of Quarry, Philadelphia.
Au assortment of Watches, JewOry, rue mid
Plated Ware constantly on Imod.
Sirliumilrlog of IVatelmsund , Juwelry promptly
1760 pt 60 ly
=I
JAMES H. GRAHAM, Ju.,
ATTORNEY AT LAW,
No. 14 South Hanover street,
l'A.
0111ce adjoining .1 lik ralliktn'tJ
OFIN CORN3I.A.N,
tJ ATTORNEY AT LAW.
Office 111
1101iit0 One Court Home. lioser.!
JOSEPH RITNER,
ATTORNEY AT' LAW AND SURVEYOR,
IDeltaulmaourg, Pa. Oflire on Railroad ntreet, tx
cloord north of the Bank.
llaMorsd promptly altemlud to. 10.4;
R. MILLER
,
J. ATTOII,NEY AT LAW.
Office, No.lB South 11a4over street, oppowito Coyle'
utoro. loseG
MVr C. HERMAN,
. ATTORNEY AT LAW,
Carlisle, Pa. No. 9 Itheem's Hall.
SII.A.MBARGER,
P e JUSTICE OF 'TILE PEACE
Plainfield, Westpenonbora' towwildp.
Cumberland County, Penn'a,
All budoess, wdrusted to him will receive prowl
I Monti.. :teoet7o
MEE
SIIIRIC BRO
=3
And whnlosltto deniers In Country Produce. COI
nigamentv respnetfully Hulk:Het!. Beat reference givez
No. '035 Market street,
loc7o
PANGLER & WILS
. tatiagalitur
Cornor'N'orilk a n d Pitt utreeto:
Soco9
ST. JOHN'S SCHOOL
TOR YOUNO TIEN AND BOYS.
Having purcimsedl the sclaoul lately 0010 uclyd by
Prof. R. W. Sterrett, I will open au
English and alassieal School, •
for Young flontleintot ou. lLn first numbly of Frii
tootlii, font, lit ileittex ItuliJlnq, lfanyver street
'fl
uouren of Panay will ho JileAgntal to prepare
young mon for college. Ml,lrooo
-•
„1 Principal.
Ilex 29:1, I'. 0.
113Jtinu70.Gm
MriTCHES,
CLOCKS
CHARLES 111. RoGERS,
_(o. 50, Sava Hanover St., flarlide,
Koepa -eptistantly, nn hmW n Il.9.ll,riMellt 01
AVAICIII,S,
CLOCICS,
J 1 WELRY,
• SPItcTAOLItS, &c.,
. .
at tho lowest cash prieel Paid leniar attention paid
toAho ropairing of Watcher', °locks and Jewolry.
N. li.—titEElT• MUSIC coneantly on hand.
s. Ar.
NVEA.KLEY do SADLER,
ATTOIttIEYB AT LAW.
0111ao, 22 South linuovor streat, next tlie (Mod Will
!too lloueo. lenine
NV ILLIAM KENNEDY,
ATTORNEY •AT LAW.
Oftlog hi Voihnteor buildhlg, Whole.
• W J. SHEARER, • •••
. , ATTORNEY AT LAW:
on. in nortlichat cornor of tho Court Homo.' 10,1060
• .
Wile. B. lIIRONO,
ATTORNEW AND CIOUNBULO. , II. AtTekiy,
Fifthshootbelow Chestnut,
Our. IA brary, -
- rnmoncLtniA. •
•
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A. L. SPONSLEB'S COLUMN.
A L. SPONSLER,
Real Estate Agent i'Scrivener, Conveyancer, Inat
intro and Claim About. Office Slain Street, no
Centro Square.
ATIRGINIA. LANDS in tho
dealt Valley for sale.—A number of valuable,
and highly improved farms in "the Talley”wre
of
fured for sale. Tile (mete rim from 00 to. 350 dotes
The Lind is of the best quality of limestone, fully
equal, if not superior, to tho land in Cumberland
Talley, end . will be disposed sf at astonishingly low
figures. The extension of the Cumberland Valley
Railroad Into Virginia, as now surveyed, will run
hnnuodintoly I luroegli the section of "country in
which these lands ate located, which, when corn
*led, together with the advantage of the Shennu
tath river transportation will give them all the ad
vantages of Northern and Eastern markets. A
opportunity for lucrative investments Is
hero offered.
A full and minute description of tho location and
character of the vat lons, tracts may be bed, by ap
plying to A. L. SPONSLER;
Eind7o Reid Estate Agent, Carlisle.
Q!
ORB BANK FOR SALE:—A rich de
posit of tho bect quality Humane Ore, yield
ing fist per cent, comprising- about 18 Acres, located
in Monroe township, shout two mike from the Iron
Works of C. W. & D. V. Aid, on the south side of the
Yellow Breeches creek. There is a stream of water
mining through the tmetomilleilint for washing the .
ore, and furnishing Water-power besides.
Persons desirous of viewing the bank may call
upon (Berge W. Leidich, at " Leldieh's mill," for
merly known as Bricker's mill, In Monroe township,
Cumberland county, or 'iron
M.l eb I
(A RE WASHER FOR SALE.—An ex
cellent Oro Washer, at the Oro Batik of George
W. Leillich, neatly new. Will be Nola very low. At:
t
/
FOR RENT.—The brick residence of
James Bentz, sltuattil on South, Hanover
street, nearly opposite Early's bole!, will be leased
for 1100 year from first of April next.
Also, 11120111MOIHOUS {WO story bri. k residence, on
Last street, -between Main aml 1.4,11ter streets; and
a Int of mound on the side of the Letort Spring,
belonging to the lien , of Joseph Shrom, deceased,
will be also lens. d for one year from the first of
April neat.
17m1;70
BRICK RESIDENCE
At PRI VATE SA LE
•Sittrate on North pill F tract, in the borough of
Carhsle, No. 79. Tne lot contains about:l:2 Wet in
front :mlllO feet in depth to an alley. Th•
prat vuo•nts are a nornurcrtione
I=l
mtalt11111! two roont4; 1.11 and kitchen on th • lirst
or, and throo comfortable chambers on The second
a.l au unfinished nits. There ..rc• quite a
earh.te of fruit trees on the lot, in grand benring or
der, convenient cult , niidings, and a fine rioter nand
11.1 rant in the .- rite pn perty ie In good con
dition, unit uill 116 aionsse t of iii ou tree .11.11.1 u
terms. enquire 4.1
SEEM
MACHINE WORKS.
M=EM
1=
Ci Al 2 N 12 6. 00
I=Niff3=l
Vt. are non building. and rill bring out for the
Eviot of IS7O, the Nan Patent Cumberland Valley
anhitaal REAPER AND MOWER, with SELF
AKE, and all oth, late improvement, It w 11l I)
built in rhobrut style. and a urruntell f u - storl +ntlt
To:b.; ily. The want ofa home made limier hen lout
Lion felt, net ire expert to be :dile to offer to Liu
femme "1701m1...d0:A :led • g coon tlen •
mai hill., a ;hall Le a complete and perfect liar
equ.il to the hest brought from a dirt nue
ForN,r, ur, n ,ptenl.•.l to call Fool 1,1/11h1V
Ventre bonding, lid. tit.aitin, only a limited hunt
of Ildyi Ittikee. The Noveny Inutithe Sell Acting
Ittgeottitit, or oinn In min Wed 1.3 hand, on the old
wild, It will be made el the best nutter - hits. in'
elsittne iit) le, ILIA w r.ditt .1 to gnlc rit.factlitit.
=I
=I!
Wu C4 , n1.11J Ur building tin. original NVillongliby
Patrol P tiring Grain (trill, oci well kilown, and
popular awning thrillers good fanner cin Mimd
to do witliont. the Will ~hby, for It largely in
...Si:MO, and itnprovis iris croo, and soon Opt for
itself (Vo maks It as n (train arid Oawe Seeder
Alone, or with Patent Guano Attochnolit for sowing
phosphates or gliiillo. We also build the Wlllonghby
with the shovels lu tonight rink or gig cog, At
farmers may prefer.
I=9l
We are manufacturing a variety rif agiieultural
implements, cult as horse posers and threshers,
cider wills, Star corn !darner's, three ss, Cannon
corn shellers, Eureka fielder cutter, and keep i always
on hand the National Fodder Cutter, three ekes,
u 11l1i11111 other farming implements. We alto
make Earner's patent Tiro bender, and Porter's parent
'Payer,,, whirl) every blacksmith shoal,' have. Aka
emit leers earn crushers, wash kettles, four tires, eel.
her grates, fire different patterns, plow ear:Rugs arid
other castings kept always on hand.
The CARLISLE COOK STOVE, our own casting, is
one or the best and cheapest stoves in the mark-it.
STEA - 31 AND MILL WORK
' As heretofore, we give' particuiar attent'on to
[wilding STEAM ENGINES ' awl furnishing cIIAFT
ING, GEARING, PELIAIIS, and every part of the
machinery connected with Paper wills, Flouring
mills, Saw mills, Tanneries, &r. Our patterns for
steam engines are from tuo op -to twenty-five horse
power, combming simplicity of colHtruction with all
modern improvements, and fornithed at mcommo
hiting pikes We also build portable engines of
twin horse power 'for running printing presses, he.
We hate an extensive variety of patterns tar mill.
work, to width we are constantly waking additions,
and can till contracts for raglan k mid mills at Owe!
moth,
I"s' Two nnn Endionno engines non nn hand and
for aalo •
Attached to oar eatablishment is an Batumilvo
PLANING MILL, and SAM and 110011 FACTORY,
with all the machinery for M2llll.lfiletUring door and
a lotion frames, nosh, Mr utters and blinds, brackets,
mouldings, cornice, afid portico drapery, stair Mt
anti Whist...,
flooring, siding and every other article
In the line of building materials, from the lowest
price to first class quality.• Builder. nod contractors
mcy rely on all orders, large or small, bring promptly
filled. u An ostensive supply of seasoned pine, walnut
and oak lumber kept mottintly in our lumber yard
ready for usei Socall Mel' of lath soul low priced
doors always,un hand, and other articles made to
order
EMEI
All (orders or inquiries hr mull, or otherwise, In
connection with any brandh of our butiuetis will be
promptly attended to
llal 70
Steam Dyeing Establishment.
VENNSYLVANIA
STEA3I Dl' EING AND CLEANIijNO
EST.A.BLISTIMENT
I=l
OFFICE 416 MARKET ST
Q
=CE
CARLISLE, PA
Great Reduction in Prices
Having greatly minced the prices on all kinds of
work at our tstablislattent, we call olier grt.ater
lu
duremnuta to parties having work to do ill our lino
I han any othrr talabllslonent in Pennsylvania.
We nro now prepared for
Pall and Winter Dyeing,
in all colors and on nil fabrics, viz.
ess goodd of all kinds,
Ladles', (lent's nod CidNimes thiments, - -
cleansed and dyed in the beat manlier, and war
m', (Eel to give satisfaction.
Crape Shawls cleansed, Witched, and dyed In
beautiful colons.
amitlemen's Garments elennionl and scoured, and
tondo to look equal to new.
All work done nt this establishment warranted to
givo 'infect satisfaction.. •
A II we oak Is to, givo, us a trial.
All'work rent to us on the fret of the week WI be
ready by &lordly.
E =a
JAB. A. MONTOOMERY 8: CO
-Ittyg7o-.lin"
Chanth6raburg Nrgrseribp
TO FARMERS AND TREE PLANTERS.
I HE CHAMBERSBURG NUMERIC
ASSOCIATION: -
(Forniorly Ryder Nursery Asooclatlosq
Imo for Salo, In' hap or sump 4111“31litillS, it choice
Aortmont of • '
•
• Apple,
W. P. BADIAIt
nod Oros, with all (ho now or good kinds of
' • . drone Vines; ,- •
°yet ono hundred Varieties of Roses,
.
And an ondleas ossortritent ofovorythlng that is do
slredhlo to stack a first class orchard or gardon.
Our primoe aro low and our (root are on good as the
host. Ordois by .mail obr-best'
and satisfaction guarantied In all our dealings.' For
Catalogues nod other Information addroso the • • •
• - • OOPERIiiTENDENT, •
• Ohamborslagg fifirsery Asioelation, .
• 'OIIAIIII2I3BDUAO, PA
' WO want a good, reliablo man In ovary town to act
as agent for the tato of our treat and klents.
'lO 09
A. L. SPONSLER,
Real Estate Agent, Carlisle
Mal=
A. L. SPONSLEIL
Real Lstat, Al;e•ui
Ea=
=
F. 0 AIt.DNER t CO.
Peach,
ECM
HOTELS
NATIONAL HOTEL
MEMO
The undersigned having taken ant) entlrely're.
fitted and furnished this hoteLls prepared to Tarnish
good accommodations to all who desire to make It
their home. A share of the patronage of tile wur
rounding country travelling public dolielted
Booms largo and comfortable. Table always sup-
plied with the best. •
LmuTO
THE "BENTZ HOUSE,"
(Pormcrly Cornaan llouse,)
NOS. 17 AND 10 EAST MAIN STREET,
CARLISLE, PA.
The undersigned having purchased and ontirely
rotitted, and furnished snot' throughout, with first
lass furnituro, this welhknown, and 014 . establIelted
tote!, solicits the custom of the community and
raveling public. Ile Is well propared to furnish
rat class accommodations to all who desire to mako
hotel their HOME, or, pleasant tentporary abode,
ho custom from the surrounding country Is respect
ully solicited. Courteous and attentive servants are
,ugaged at this popular hotel. _ - - ' ---
GEORGE Z. BEN,T,Z, Proprietor.
N.D. A first clots livery is connected sills the
10101, under the management of :Joseph L. Sterner &
trother.
datipilnly •
LEGAL NOTICES.
ADMINISTRATOR'S NOTICE
Letters of Administration on the Mato of Eliza.
both.Crotzer, Into of Middlesex township, dethased,
hove been issued by tbo ,Register of Cumberland
county to the subscriber, residing in said township,
All persons Indebted to the estato ore requested to
make Immediate payment, and those having claims
to present them, duly authenticated, for settlement.
JOUN LAM:Urn.,
Administrator.
EXECUTOR'S NOTICE.
28ju13 70 Gt.('
Letters testamentary on the estate of William
Alexander, Into of tooth Middleton township', de
cen,ed, have been granted by the Register of Cunt.
beri and cottula to the subgeriber, widow of deceased,
residing in soul township Ail pelvis Indebted to
- aid estate are notified to make pafflisent to Charhs
I Mullin, her attorney In ftet, and those having
maims to pre.ent them to hint fit settlement.
MARY ALEXANDER,
Excentrii.
Mt. fully Spriugx, Aug. 4, 1,570.0 t
NOTICE.
Notice Is hereby given, that application eILL I
made to them xt Legivinture, for the Diem porittlo
of a Bank of Deposit told Discount, to ho located
Carliolo, Cumberland county, Da, to bo called th
" Farmers' Bank," with a capital of Fifty Mb .1111111
Dollars, w Millie prhileire of inn easing to One II no
tired Thousitirl Dollars.
2SJune7o.om
E LECTION NOTICE
Carlisle Building and Loan Association
Notice Is hereby given that the 'Annual Election o
olllgurs of the Carlisle Building alai Loan A:et/dation
to serve fur the ensuing year, will ba hold on Suter
day, &ping& r:1, IS7U, at the Arbitration Chamber
In the Court Howie, in the borough of Carlisle, be
tween the hours of six and ten o'clock p. ni.
By taster of the Hoard.
C. S.
Secretary
/ Faug7o.at
EXECUTOR'S NOTICE
LOttelb testamentary on the estate of John Sher
ban, late of lfemprlen - township, deceased, have 1)1..
wanted by the . Register of Cumberland county to
the auleirril.er . ,. residing in said township. All per-
FODNi ildbbted Fan d rotate will plena» make pap
moot, find I ileha hfiriag Cialloll to present them, duly
authenticated, to the undelsianell for settlement.
SA3II.IEL EBERLY,
ExOc ohm
lltt [1,70 60
FURNITURE, FURNFCURE
F URNITURE
14 EP II WALTON Co
Cabinet Makers,
co. 413 WALNUT PIIILADELPHIA
Our estAblishruent 14 cow of the oldest in Phi!ado!
.Uithi , .aodEcAikqßarliterhine.e_antlnuperlorfaellitie.
we are irrepurrd to furnish - coed Work itt ,len-sonall
We rrnonifueture One furniture, and nano motion •
priced finnan. of Finperior oinallty. A large stoci
of flirnitni 0 always on hand. Goodumade to order
COlintere, Desk Work, and Othee Forniture fo
Ilauku, 121110 es and Slur. Lunde to order
Jou. WALTON. 4. W. 1111 , 1'INVOTT. Jun. L. SCOTT
Infah7o-ly
A.
B. EWING,
CADINLT SIAIcER AND U:NDERTAKEIt,
West ;train Street,
OPPOSITE LEE'S WAREHOUSE,
Prrmioth fur Ih,l Forollitre awitrar,l at cull 1.5 , 581
Enire since 1857.
Furniture of all vorietles rtylos of Foreign sod
Domestic mattufaet are, from the linett noes 004 and
mahogany ht the I .we4t loinsi maple loot pine.
.P. 4 ULM?,
FIZESM
=1
I=l
le UR NI T UR E
Embracing every article mind by noose and Hotel
keepeis of the most approved and fatildunahle design
and finish. Ineinding also Cottage } or i el tore In
setts; Reception and Camp Chairs, Matron, (lilt
Frames, Pictures, it,
l'artivnlar attention given ns lomat to Inners's
orders from town and crattitty attnade.l le prompt ;3.
and on moderate terma,
olfaction pair( to Me srl,tiott,,fif 11'1,111'cl
per.
A It. it.
21inarehl81: I
EDUCATION A L.
USCARORA ACADEMY,
ACADEMIA, PA
The 35th School year will begin Sept. 7
Wa oak the attention of I , itionts and gitatihaloi to a
conoldenttion of the Moils of thlitlnatinition.
•
of, 14,0.1rioN.—Ilealtliful, nltracara aid - hi (Ivory
way favorable for phynleal ttlerulop,
wont.•
it, No TEIIITATIONH.—Romoved from time Saloons
and loafing Made. Incident to
towns.
3d, Enue.t riux.sL AuveNrmil.t.—Eurncet teachers au..l
surroundings thvola
- ble for study.
4(6, La vu Esi.timisnti—lt has %ern hi ,mecessful
operation thirty-four
, and has had students from
nearly every ~fate.
MORAL IxricENccs,—'the precepts of lbo 1111,10
are daily taught.
6th. CHEAP itATEN.—TerOI,I, $2.0 0.0 0.
4Z'• Eonil for a Circular. Application nin;111;1 Lo
Jule noon.
D. D. STONE, A. M. ,
3..1. PATTERSON, A.M
EEM
CheaA John's Adve easement.
-~:~ ..
=I
M 1176161211
1, • •
In selling goods .at - prices , to suit the
people
"Dic.;:nei: and Blitzail 1 konint ci, that
Cheap John can null itlx Clothing: booth and Shoes.
lints, Shirts, Collnra, ,to„ hilly per cent cheaper then
ney other linintin
Answer—l:vow'. lie gore 14; Big Fires I'l'l4llla
••-
If you come to ('hoop John, at nosily II etzora, 110
can oti you
FINE CALF BOOTS,
A. Whole Stilt of 100.1 \ 1 °lathing,
And 4I ooa thrtiwn Intho bargain,
13eo Cheap John, beingpoor, Ia tho friend
' of the'poor mail,
III" Arlen of linelnons le in.tlio Lutlding
. : ATTACHED TO TII FRANKLIN
'Olyskiy WntioN,j
ME
lu-roll}• OE tho, Qpurt,poilkiet.
4auti7o
• • BINGEN ON THE RHINE' _
litre. Caroline E. Norton's fairorite bal
lad, whose pathos has held the hearts of
two generations, will he read with re
newed interest, in view "'of the_present
warlike state of affairs on the beautiful
A soldier of the Legion lay lying i , h Algiers;
There wes look of woman's nursing., there sreA tlea
N. W. WOODS,
. Proprietor.
=I
But n comrade stood beside him, while Iliv life blood
ebbed away,
And boot with pitying &laves, to hoar %Out ho
might say
Tho dying soldier falterod, as he took that contrado's
"hand,
And ho said: I never morn shall netrum l y own, my
nattvo 1111111;
Take a meonago and a Liken to flO/10 diotant &len
of mini.:
For I was born at Bingen, fair Bingen on the Muir:
Tell, my brothers and coanpanionsi whmo• they meet
and crowd around,
To hear my mourn6l story, In the pleasant ylneyaMl
. .
_ ground, .. .
Thut NVO fought tho Utile Nerdy, ehd when the day
wan done, , . .
Pull many a corpse lay. glm 11,y rude, beneath the
setting silo ;
And, midst the dead and dying, were shine grown
old in wars,'
The death-wound on their galls* brc , iietv, the last
of ninny sears;
131 it some were young, nod kunldenly beheld lifeB
moni decline, •
And ono lunl conic from Inn gnu, fair Bingen on tL
Rhino!
Toll my mother' that her oilier sous fhall eanifor ,
Der old age; •
♦nd I sva;nye 0 truant 16id, that thought Isle Dorm
cage;
For my father WfL9 n soldier, It:A, erea as la child,
My heart. !coped forth to hear Lim tell of ,truggles
tlerce and mild,
And when ho died Mai 1011 - t - M - to Melds Ids scanty
board,
I left Wein tatoo:aliate'er they would—Lott kept tuy
father's sword,
And with bnylth bride I hong It a hur, ,4 the bright
light tzsed to Bbillg
Otl the cottage wall at g• 11-C:11111 11114,11 on th e
/thin,
Tell my mist° not to wo•l• for too, anII a.. 1• with
drooping Lend,
- When thl , troupe nre mareMog honk. again, with
glad and gallant tread;
•
lint to 10. K up.u them promlly, with 11 cl:tim awl
sloadfast ••ye,
And II comm..lo her l& v ,, 1 colt bar, ifi
Immo,
To listen to Jilin kinJly, wltlinot 'ogle( or Atone:
And hang thu 0 :II 10 , i.1111 In its Own: (my fothor's
sword find mine),
Fur the hello]. of !lid llnip Bingen WI . the
Rhine I
Theta'a anoth,r—nt,t a ilet,r—lit the happy d;ye
•
gone-by—
You'd lined known her by the merriment that spark
led In her eye.
Too Innocent for coquetry—too fond for Wiq_>rorn ing—
O)n
friend, I fear the lie - Myst hurt melee some
times heaviest mourning;
Tell hOr that the leel night 01 my WO (for, re ttnto
moot. be 1 . 11..11,,
:Vl3- body q 111 Ito out of ''lo—"ly out of
=ll9
I &taint I NtOOd with her titttl FiLw the yells, HUD
light 1111111(1
On fin vine-vind mu td Iliog,—rair Bingen on the
Mane!
I FM!' the blue Illilcissiveept,l4,cg, 1 heard, or seemed
to Lear,
The (lemma '61,111 We used to sin: w chorus s VI. •
and clear;
And down cite iticiwcint river, owl lip tire cilaniinc
That eeltnlng clump tionitlgil through the et,oting
calm null still;
And hoe glad tluo eyes were on nit', no no passed
with friendly talk,
Donn mitny,tinitit littered of yore, mid well-re
ne.mberifil walk ; •
And her little laud laid lightly; confidingly In mine,
But we'll meet tn. more at Bingen—hived on
the Rhine!
Es voles grew fithrt 'and Iretr.isr-111:+ grasp was
childish weak—
Ile eyes put nu n dying loWi—he ,Ighed and out
MIME
le comrade bent to lilt It tn, but Ike Noun of 11(0
eel Il d ;
The soldier of lb. Legion, Inn foreign land won 111,0
And the noft ninon rune lip ulowly, and eehnly she
looked down
011 the rod rend of thu battle-Hold with bloody
curpsea etroltn;
Yep; calmly on that dreadful tworle her pale liOrt
FEIN2
•
nrennol to
As it shono on dleleut Bingen—fair Bingen on the
COApf °NIVEA= OF PENNSYL
VANIA, EX BEL:I77OXE MARI
F. LEAKE.
. Vs.
GENERAL G 1:101?C: E IL 11LAK E.
The Commonwealth of Pennsylvania
ex relations Mary P. Leake, vs. Gen.
George A. H. Blake.
In the Court of Coin 111011 Pleas of Cum
berland County.
, habeas Corpus for the body of Joseph
M. Lealco.
Opinion of Graham, PreWent Judge.
The evidence in tins case is that Jo
seph M. Leak° was born the nineteenth
of December, 1855, enlistment paper
is dated the twenty-second of July, 1870.'
De was therefore underlhe ago of eigh
teen years.
' Licut, Gardner appeal's
on part of the
United - States, and resists the discharge
of the recruit for the following reasons :
I.—That State Courts have no juris
diction-in cases of - enlistment under the
laws of the United States.
2.—That the oath of the minor, as to
his age, is conchisive upon the Court. •
B.—That under the actbf the tenth of
December, 1814, minors over the ago of
eighteen may be legally enlisted without
the consent of parents or guardians.
The second and third reasons assigned
why the recruit ought not to be dis
charged, aro not sustained by the evi
dence, and. consequently not applicable
. o this case. The enlistment paper Only
„.
the recruit was aged twenty-one years,
and some months, and then follows the
usual oath of allegiance. It is not al
leged that the recruit was sworn as to
his ago ; there is no'oath to bind him or•
any other person.- The proof is that ho
ryas and still is under the ago of eighteen
years; and it id not alleged there is any
law authorizing the enlistment of minors
under that age.: ' •
The only remaining question is :•Ilave
State Courts jurisdiction to discharge
minors-by writ of 110)&69 eo n )u - s,
enlisted in the army of theajnited States;
I say illegally, for it is liot alleged there
is any act of. Congress authoriiing the
enlistment of minors under the age of
eighteen, without the consent of ; parent
or guardian.,' '
Tho Supecine Court of PennSylvaMa
Lave hold.that.ther. had. Cie right, and.
have exercised tiro power of discharging
minors' enlisted in the
,Vidted Stags
army, from the earliest 'easel can ilnd
reported, and: in the' 'earlier cases theli;
jurisdiction was not ,questioned.. •In / th.6
case of the Commonwealth - vs: Minkayie
reported 1812, 4 Binney 487; the power
Of the State. Court •tir , dischargii,was not
questioned by Mr. Dallas, who appeared
Tor the United States. In the Doxrupon
wealth, vs. Barker, 11 Binnoy 428, the
Supreine'Cleint took Cognizance of a. (NM
of enlistment,• and refused to discharge
a minor enlisted-with the oonsont of his
master, Mr. Dallas, BistrietAuttinmey of
the United. States, making no objection
to the jurisdiction of the „court. , In
Commonwealtlf.it. 4 'CAN,' 0: Binnoy
2811, theimaree bourti disehergbd alriljrior
whoo-fittior,wittidenil,:rind Who: enlisted
Withoutthweensont „of.,his mother.
the Corrinuinivialth':i4. - Ce - mii9o 43 II
117,' it Wag tided - flint the Sidisequemt con=
sent of the .parcait.validaied the . - tinlist;.
ment. Cemminnyoalth „vC
?So It 1111, the'lato Chief ,JustiowCiibson.
took 'Cognlnani3o . ,the'nfiliiii and, hold
tlint.therci Was no net' Cengrimis
at $2 GO
at $8 00
CARLISLE, PENN'A, -THURSDAY, AUGUST 25, 1570.
consent, either expressed or implied; of
their parents or guardians—and pro
vided further : That such persons, their
parents or guardians shall first re-pay
to the government and to the State and
local authorities,_
all bounties and ad
vance pay which may have been paid to
them, any thing in the act, to which
this is an amendment to the contrary
notwithstanding."
,J -act of the fourth of July, 1864,
qbetiOn five, provided that the twentieth
section brdie act Of theAwCiity-fatirth of
February, 1864, "Shall bo construed to
meatithat the Secretary of War shall dis
charge minors under the age of eighteen
years, under the circumstances and on the
conditions prepribed in said section."
Thissectionimposes a penalty on any offi
cer who shall It noWingly enlist any person
under the ago of sixteen years, either
with or Nylthouttho -consent of parents
or guardians. --
It is argued that under the acts of the
'twenty-fourth of February, and the
. y, 1364, giau,d thu puWer to
discharge minors, who applied when
under the ago of eighteen, to the Secre
tary of. War-; .oongress provided a
special mode in which minors. who ap
plied when under the age of eighteen,
could be discharged, and that this is the
only remedy. That the power to dis
charge thus given to .the Secretary of
War, in fact suspended the power of the
Courts, either State or National, to•dis
charge recruie§, by habeas fi corits, when
they enlisted under the ago of, eighteen
years. This argument is fortified by the
opinion of Judge Daly of the Common
Pleas of New York. I cannot concur hi
the opinion of this learned jurist. The
privilege of this great common law writ,
cannot be taken away by implication.
And granting the same power to the Sec
rotary of War, which existed in the
Courts does not, even by implication,
repeal, or suspend the exercise of the
power of the Courts. There maybe
concurrent jurisdiction in two distinct
tribunals. It is well settled law that a
grant of power in the Federal constitu
tion to Congress, does not extinguish the
right of the States over the same sub
ject,. until Congress shall have exercised
the powez conferred. The jurisdiction
of the States is only taken away, or pro
hibited by implication. When the con
stitution grants nu authority to the Un
ion to which a similar authority in the
States would be absolutely and totally
contradictory avid repugnant. See opin
ion of Sup. Court of Penn's, and au
thorities there cited : Weaver vs. Fegoly
Bro,. 5 Cagey 27. .•
It is not pretended that exclusive
power is given to the Secretary of War
to discharge Milloe9 enlisted tinder the
age of eighteen, but . because the• power
is given to him, I :rin asked to.say this
power is exclusively vested in the Secre
tary, and the writ of habeas corpus, this
writ of right for the protection of every
citizen from illegal restraint, cannot is
sue from the State or United States
Courts ; ford(' the argument is tenable,
that exclusive jurisdiction of theso - cases
is given tialie 'Secretary of War, by the
Act of Congress of 1864, it takes away
the jurisdiction as well of the - United
States Courts as of the State Courts.
If Con g ress intended to give the Sec
retary of War exclusive jurisdiction, and
deprive the soldier of thoprivilege of the
writ of habeas corpus, I doubt their
constitutional power to do so.; for tho
constitution of the United States declares:
".The privilege of the writ of habeai
corpus shall not be suspended, unless
when in cases of rebellion or invasion
the public safety may require it." If
the solo and exclusive power to discharge
Minors who enlist under the ago of eigh
teen years, is giVen to the Secretary of
- InliM i trertiartetrequtdad m
mitted case of illegal enlistment, directly
contrary to the acts of Congress, and no
power, State or National, authorized to'
grant relief. 'Plus, • a minor .under eigh
teen enlists, the :enlistment is clearly
illegal, but before his-parent has knowl
edge of it, or 'can make application for
- his discharge, the son attains the ago of
eighteen. The Secretary is powerless,
for the ace of 1864 only authorizes hint to.
discharge thoso who wore under , eighteen
_years' at - thii linie of the application for
their discharge. If the Courts cannot
grant relief,-.this would,he'n clear case of
illegal enlistment, without the sanction
of law ; illegal detention, and no power,
either State -or National, authorized to
restore the minor to his parent.. A con
struction of, an act of Congress which
Would work so groat a wrong, Ought; if
it reasonably, elinitictirlctaVoided.
Tho action of CongreSs on this subject
is not difficult :to understand. On The
fifteenth of September, 1803, the Priv
dlogo of the writ of habeas corpus, was
suspended generally, in pursuance / Wan
act of Congress of third of March,' 1803;
by
_proclamation of the President. Thus
there Was no authority vested in any ono
to discharge enlisted soldiers, although,
of very: tender age, the, act of 1850 having
been repealed tho act of imp. , 'l'a
remedy this. evil, Congress first, passed
th 6 tict of twenty-fourth bf February,
1804,. authorizing the Secretary' dis
charge minors , who, wore under the' ago
or. eighteen, but leaving_ it, optional
with hiiu, using the langintgo , ',hay
discharge. This was followed by the act
of fourth' of Jitlyi.lBo4,- totho samo effect,,.
but making the. dischato
.oprapubory,
Using tho4anguage -MO discharge,
power of 'the Secretary • was Limited to
tholle who applied before thoYwereolgh-'
004 . and; although . enfilutmententider
eighteen. wars novor.
_author/74d by: any
act of - Girl real, those who failed to ap
ply.)sofo.ro 1110 S' attained that ago wore
hibiting the enlistment of 'a minor into
the Marine Golly , .
Thus far the jurisdiction of our State
Courts to discharge minors enlisted with
out the consent of parents or guardian
was not questioned. Tho next case
find-reported is. the _Commonwealth vs.
Fos, 7 Barr 386. In that case the ques
tion of jurisdiction was raised, and ruled
by the MO that the State Courts had
jurisdiction: - Coulter J. who delivered
the opinion of the Court,' citing cases in.
New York, -Massachusetts and
,Virginia,
in which the State Courts exercised ju
risdiction in cases of enlistment.
The case of Abelman vs. Booth, 21
Howard U. S. Rep. 405, is 'relied on as
ruling this question against the jurisdic
tion of the State 'Courts. But that case
only ruled that a person in custody upon
the process or the - United States Court,
or, a -judicial -oilicer, , could- not ..be dis
charged upon habeas 'corpus by a State
judge. It is different from the present.
There the prisoner. was _ legally in .cus,
tody by process issued-by a judicial offi
cer, competent to issue the same, and
no other Court could interfere to take
the prisoner out of the custody of .
the - Court to which he was aineuL
able. In this case, the recruit is not in
,custody by virtue of anyjudicial writ, or
process. Gen. Blake claims to hold him
by virtue of his enlistment in the army
of the United States. Au enlistment
paper is produced to justify his deten
tion, and the evidence shows that the
recruit is a minor under the age of
eighteen years, and enlisted without the
consent of his father, who claims his ser
vice and asks his discharge.
No act of Congress is produced to au
thorize the enlistment of a minor under
the age of eighteen without the consent
of parents or guardian. On the contrary,
it is probibited. But it is further con
tended that although the enlistment . may
be illegal 'and not' authorized by an act
of Congress, the 'Secretary of War
alone can grant relief,,and the writ.of
habeas corpus is suspended in Cases of
this kind ; and this by virtue of the
- act- of the twenty-fourth of February,
and the 'fourth of July, 1864.
The twentieth section 'of the act of
the twenty-fourth of February ; 1864,
piovides • 'ghat—the Secretary of War
may — ordeFthe discharge of all persons in
the military service, who are under the
ago of eighteen years at the time of the
application for their dtsiiharge, when-it
shall appear upon due proof that such
persons are in the service without the
. . .
loft without any mode of procuring their
discharge. Such enlistments wore clearly
unauthorized, but there Was no power
or tribunal authorized to direct their
discharge. The Courts and judges of.
the States aiid Nation Wore powerless,
by reason of-the- suspension of the writ
of habeas corpus, and limited 'powers to
discharge minors of tender age, wore
given to the Secretary to meet tiro emer
gency. But I cannot suppose that Con
gross intended the limited polders given
to the Secretary during this emergency
should have the effect of suspending the
writ of habeas Corp us, -- aftbf its suspen
sion, tinder the. proclamation of the
President terminated..
: For the reasons stated, my opinion is,
That the enlistMent of Joseph M. Loako
was illegal, and prohibited by acts of
•Congress. That State Courts have ju
risdiction, to discharge minors, as ruled
by numerous decisions- of the ElOpremo
Court of Pennsylvania, which I_consider
binding upon_me, and_that the _Octs_of
twenty-fourth of February and fourth of
July, 1804, do not confer exclusive ju
risdiction upon the Secretary.of War. I
(rave, thoreforo"ordered the discharge of
Joseph M. Leake, as per order of dis
.chargd endorsed on writ. • •
During ray absence two writs - wore
awarded by Judge Stuart associatejudge, '
at the instance of the parents, against ;
General Blake. - Ono for the discharge
of John Blomler, and the other for the
discharge of John W. Myers. The cases
wore all hoard, at the same time, and
my opinion in the cases of Blemler and
Myers was requested by Judge. Stuart,
in which ho concurred, and Blomler and
Myers were dis Charged.
The facts in these cases as proved,
were, that Blomlerand Myers were, when
they enlisted,. and now are between eigh
teen and twenty-one years of ago. That
they enlisted without the consent of
their parents, who claim their services,
and ask for their discharge.. Captain
Cain, the recruitin,g officer, swars that
'Myers, in addition to the oath of allegi
ance, swore that he was twenty-one years
of ago ; but Blemler only took the usual
oath of allegiance. Myers denies, on
oath, that he swore he was twenty-one
year&of ago. .
Iu those cases the discharge is resisted
by Lieut. Gardener, for the reasons be
fore stated in the case of Make—
that case I have stated
-my opinioni_fuily,
as to the jurisdiction of the Courts. - I
will only add, that no authority being
given to. the Secretary of .War, by the•
act.of 1804, to .discharge, when the re
cruit is over the age of eighteen, the
argument that the authority conferred,
by the act of 1864 excludes the interpo
sition of the Courts is inapplicablb to the
present cases of Blemlor and Myers:
Admitting that Myers was sworn to his
age, is his oath conclusive upon his pa
rent? This question was presented jp
case of Com. vs. Gen.. Blake; 2d Legal
Gazelle 108, (twenty-fomth of June,
1870,) and in that case I expressed the
following - opinlott:
" The act of Congress of 1862, certainly
makes the , oath of the minor conclusive
as to his age upon some -one, or, for
some purpose. It cannot be conclusive
upon the parent or guardian, for I cannot
Suppose that Congress, having so care
fully guarded the rights of :parents in the
different acts on the subject of enlist.:
ment, intended-that a son, by a false oath,
could absolVe himself from - the common
_ .
law chitY of services duo to his parent
during his minority. - • Btit it is conclusive
upon the minor-as to his age. When an
act is- declared to be conclusive, it is
understocid that it is decisive, 'binding,
and-cannot be controverted by the person
who performs it; hence the oath of the
recruit is binding upon him as to his age,
and exempts the recruiting officer from
the penalty imposed for enlisting soldiers
under the age ottwenty-ono years with
out the consent of parents or guardians."
It would be an anomaly in legislation
to make the act of a party binding upon
a stranger to - it, and Who was affected by
it, and it is'a legal axiom, that even the
,judgments of Courts are only conclusive
upon parties and privies.
That the oath of enlistment taken by
the recruit as to his ago is not binding
on the Courts, is ruled .by Judge Mc-
Candless, of the U. 8. District Court, in
Turner vs. Wright, -0 Phila. Rep. 290,
t2O Vol. Legal Intelligence, p. 21.) In
that case Judge McCandless says, "Con
gress never intended that the oath, how
ever false, should be binding on the
Courts, or give 'validity to a contract
which an unrepealed'idatuto declared to
be illegal"
Tito remaining position assumed by
the Government is : That under the
acts of tenth of December, 1814, minors.
over the age of eighteen may be enlisted,
with') u I the consent of parents sr guar
dians.
The first act of Congress on the subject
or enlistments to which it is ndcessary to
refer; is the act •of *cteenth of March,
1802, which provides r !` That, np.person
under the age of tiVenty-ono years shall
be enlisted by any officer, or held in the
service of the United States, without the
consent of his parent or guardian first
had and obtained, if any he have."
The next legislation on this subject is
the act of twentieth of January 4 1813,
which provides : " That no person.under
the ago of tweety-one years shall ho
enlisted by any ()Meer held in the
service of the United States without the
consent, in writing, of his parent, guar
dian, or master, first had and obtained,
if any lie have."
Then followed the act of tenth of De
cember, 1811. The first section of which
enacted, "That from and after the pas
sing of this act, each and every commfs
sioned officer, who shall be employed in
the recruiting service, shall.bo and lie
hereby is, anthorizo4 to enlist into the
army, of the United States, any free,
effective, able-bodied eau between the
ages of eighteen and fifty years ; which
enlistment shall be absolute and bind
ing upon all persons under the ago of
twenty-ono years, its well as upon par
sons of full age ; such recruiting offi
cor having eoknplied ioithi all the requisi
tions.of the laws regulating the recruit
ing service." The third section of the
c....o44.retrides," That so much of
the flrtrsaatton of t i3Mrtrirs&rairf
tioth of January, 1813; as requires, the
consent in writing of the- parent, guar
dian, or master to authorize the enlist
ment of persons under the ago of twenty
one years, shall 'be, • anti - the same .is
hereby repealed."
The first section of the act of tho tenth of
Dommffier, 1814, is relied upon as a uthori
z ing the enlistment of minors, over the ago
of eighteen without consent of ilia-parents
or guardians, but I cannot soo how such'
construction can be given to it without
ignoring entirely tho latter clauSe of the
section, to wit : "Such recruiting' °nicer
having complied with all the requisitions
of the laws regulating the recruiting ser
'vicp." Tho erdistinent of a Miii()K over
eighteen, was only binding upon , him,,ll
the recruiting 'officers ' compliod: with
'all the requlsitions of the laws regidativ,
ing the recruiting service"what were.
the requisitions of the laws regulatitig t
the, recruiting rervice ? The laws regu ,
Wing recruiting at that timo, as "to the
enlistment of minors, wero the ads of
1802 and 1813. Tho act of 1802, provided:
" That no person under the ago of twenty
.one years shall be enlisted by any officer,
or. hold in the servico , of the United
'Btates without the consent of his parents
Or guardiam or master, first had and ob
tained, if any he had—and " impoistid n
ponaltYon Officers enlisting minors' uder
the ago of twenty-one, without such con
sent. The' aotiof 1813 is a transcript of
the act of 1802, except, that the Consent
of the parent,
& e., is required . to'bo in
writing. These worn the laws, the ' re
quisitions of which the aotof.. 1814, re
quired:the recruiting officer, to comply
with in..4.llMoulistruerit, of.minors over
tighteen yoarii of.ago. „Tho third Section
of - the' abt of 1814; whioli ropealSse much'
of the'aet 1810, as roqiiiresthm consent;'
in:writing, of the parent, guardian;: :or.
- Master to anthorizo tho -onlistnnit of
Lamont; under the age of twenty-ono
years, shows clearly that Congress did
net intend to repeal the whole of the
fifth section of the act of 1813. If-they
had so intended, they would have said so,
and not limited the repeal to so much
of the fifth section as required, consent
in writing. - :The - act of 1813, striking
out the words, "in writing," is now
identical with the act of--1802, both re
quiring the consent of the parent, mas
ter, or guardian to the enlistment of a per
son, under the ago of twenty-ono years.
That Congress did riot intend' to repeal
-the provisions of the acts of-
.1802 and
1813, requiring the consent, o the pa
yenta to the enlistment of their Minor
sons, I "consider, self-evident, -from
the provisions of the act of the twenty
eighth of September, 1850, the fifth sec
stion of which provides.: " That it shall
be the doty,of the Secretary Of War to
order the discharge any soldier of the
army of the United States, who, at the
time of his enlistment was under the ago
of, twenty-ono -years, upon--evidence be
ing produced to him that such enlist
ment was without the consent of his pa
rents, or guardian." •
I cannot suppose that Congress would
require the Secretary of War.to discharge
soldiers legally enlisted under previous
acts of Congress. If the enlistment of,
- minors without consent of parents was
authorized by the aot of 1814,-as argued
in this case ' why, in 1850, would- Con
gress direct the Secretary of War to dis
charge from the army any k who have en:.
listed under this age of twenty-one with
out tile parents' consent.
The act of 1850 is clear evidence of the
mind of Congress that there were no laws
authorizing the enlistment of minors
without their parents' consent.
That the enlistment of a minor over
the ago of eighteen years is illegal and
unauthorized by any. act of Congress, is
ruled by Judge McCandless, of the U.
S. District Court, in. Turner vs. Wright,
Phila., Rep. 296, (20 Legal Intern-,
gencer, 21,) and Henderson vs. Wright,
ib., 299, (20- Legal Int. 191.) In both
cases the recruit was Over eighteen years
of -age at the time Of enlistment. These
cases were decided in 1863.
The act of 1862 repealed the fifth sec
tion of the act of thirteenth of February,
1850, whielCreyitired the --- Se - cretary,l of
War to discharge any soldier who, at the
time of his enlistment was under the age
of twenty-one years, upon evidence that
such enlistment was without the consent
of his parent or guardian; " andfiirther
provided," that no person under the ago
of eighteen shall be recruited into the
United States servietk It prohibited en
listments under the age of eighteen
years, but it 'did not authorize enlistments
between the ages of eighteen and twenty
one years, without the consent of parents
or guardians. It was, doubtless, con
sidered unnecessary . again, to prohibit
the enlistment of minors without their
parents consent, fo> this was expressly
prohibited by the unropealed acts of
1802 and 1813, and_a.penalty_imposed
upon any recruitingofficer- for enlisting
any person under the age of twenty-one
years,
Thus was the law on the fifteenth of
September, 1803, when the privilege of
the writ of Itabeaes• corpus was suspended
by proclamation of the President. The
power of the Secretary of War; to dis
charge minors Under the actof 1850, had
been repealed by. the act of 1862. The
Courts amPjudgeS wore Towerless, - by
reason of the President's proclamation,
and - there was no authority tlnit could be
exercised by any person or tribunal, to
discharge minors nfmny ago.
This state of things induced the act of
twenty-fourth February, 1864, which
authorized the Secretary of War to dis-
charge minors under the ago of eighteen
years, at the time of the application for
their discharge. This act was not com
pulsory, but gave the power to the Sec
retary, leaving its exercise optional with
him. This was followed by the act of
fourth of July of the same year , which
directed that the Secretary "Stall dis
charge minors under the ago of eighteen
years, under the circumstances, and on
the conditions prescribed in-the twentieth
section of the act of twenty-fourth Feb
ruary, 1804. The acts of twenty-fourth
of February and fourth of July, 1804,,
did not authorize the enlistm6nt of mi
nors over the age of eighteen years,
without the consent,of their parents, but
only prescribed a mode, during the sus
pension of the writ of habeas corpus, in
which those under eighteen could be dis
charged. There 4s nothing in the acts
of 1804 which is in conflict with, or re
peals the acts of 1802 and 1813.
The result of the legislation on this
subject waft, that although there is not
law authorizing the enlistment of minors
of any age, without consent of parents or
guardians, but it is prohibited ; yet, if
minors over the age of eighteen, did en
-list, during the war, and the suspension of
the habeas corpus, Congress,. during the
continuance of the war, did not think
Proper to authorize their discharge ; but
permitted them to have the privilege of
evincing their patriotism)vhich induced
their miliatinent, or rendering an equiva
lent fcir the bounty received. But with
_ .
tho restoration of pdace, the suspension
of the privilege of the writ of habeas
corpus terminated. There no longer ex
ists any necessity to deprio parents of
the common law right to the service of
their minor sonsovho have been nurtured
.and maintained to approaching manhood,
to crush Mit a rebellion against the gov
ernment. And Courts and judges aro
again permitted to • issue this ancient
writ, so highly prized by our ancestors, to
to restore to liberty any person illegally
restrained or confined, "'under any.
colour, or pretence, ichateccr.'
I ani, therefore, of , tfpinion that the
oath of . the recruit, as to his age, is,, not
conclusive upon his parents, or the Court, ;
and that there is no act of Congress an
thorizing the enlistment of minors with-
out the consent of their parents or goal*
dians.
.
Judge Stuart, concurring in the fore
.
going opinion, directed Bicplier and
Myers to be discharged from the custody'
of General Blake. •
THE REPUBLICAN PARTY.
LICAMBNI-ADDItESS 01,"l'Illi CONOREE.
•
. SIONAL COMMITTEE. •
.To the I?epubtfeans of the United Stales;
The,oxecutiVo and legislative depart
manta of the National Government, and
two-thirds. of the State Governments,
havo been committed . to - . your keeping.
Such power carries with it grave respon
sibilities'. The people; kts is their right,
will- hold you to a strict accountability..
for the exorcise of this great trust.
.Eleetions are soon to ho.lMld for the na
tional House of HepresOntatives. These
elections will dotormino the political,
:complexion- of the popular branch of
Congress. They will, too, • determino
tho - pOlitical. character of several Statq
Governments—And-theso-results-will-be
accepted as the verdict of the people
upon thofidoas, principled andspolicies of
.the,. Ropublioan party, and upon the
Measures and' character of the national
administration. To-.thcso responsibili
ties, and to the gravity.of these "issues,
, your thoughtful considpration is itwsikod.
In the prosontjimetimo itbehooves the
Republican. , patty 'dot to forget its ori
gin, nor Its • history. Amid the dim.;
oulticathat besot it, and the responsibil
ities And.labors which the needs of the
country . in. the new and untried condition
of affairs imPose, it, should remember that
'it was born of: did' necessities,.
and thus far it has grandly mot
genoies formliiab- it was formed. HaV:
leg passocl„,triumpbantlyi through three
groat eras'of its histOry,lt.is now sum
moned to entor up* Its fourth; Gath
eriug, therefore,' inspiration' from;Past
' B l looo sSOs, it shouldgrapplo;
and - with unshrinhing• oonitdonoe,
,the duties of
.tho
,presont :and, near
.•
Rootiiiih . g to • their high'inighiltepuli. l
limns will tomember, When the 'sadly=
the theater of a" atern and irl'oprosaiblo
conflict between- the. demons of slavery
and caste, and the spirit of liberty and
equality, when the plaVe porier held
great' interests and powerful organiza
tions in its grasp, and ruled the nation
with imperial sway, that the founders of
the party, instructed by passing events;
with convictions deepened and zeal
quickened by the teachings of history
and of holy writ, and inspired by °the
deathless words of the patriots, states
men and heroes of our earlier time, rose
to the exigencies of the hour, opposed
the haughty_ ambitions, the maddening
passions, the cruel prejudices and the dis- '
organizing theories of the nominating:ma
jority, and although long overborne by
numbers, still struggled on amid jeers,
insults ; mobs, blows and assassinations,
till, under the lead' of Abraham Lincoln,
they achoived. success and. grasped the
scepter of political power. •
' Entering upon its second era, appalling
responsibilities at once arose. The slave
masters,- in the Pride 4 and arrogance of
power, instantly, plunged the nation into
the fire and blood of civil war. But the
Mpublican party rose With the. crisis.
It raised money in unstinted measure,
organized vast armies, created powerful
navies, fought bloody battles, crushed
the most gigantic reb - ellion of 'all recorded
history, and saved the nation's life. It
was then, amid the clash'of arms, that
the Republican party.. taw that slavery
was the- relentless and unappeasable foe
of the country, was the' inspiration, the
heart and - soul of that civil war; and that
its death would be the annihilation of
the rebellion, the unity of the Republic
and the developinent 9f free institutions.
Against cowardly fears, selfish instincts
'
and unreasoning passions and prejudices,
it pronounced the doom 9f that hideous
and hbrrid system of human bondage,
though it was upheld by the aggregated
interests of three, thousand million of
dollars, hedged about by the accumulated
pasSions and- prejudices, prides and am=
bitions of seven generations, and in
trenched within the social, political, and
ecclesiastical organizations and affilia
tions of life. By a -series of executive
and legislative acts it broke the chains,
and lifted from the depths of chattelheed
up to the summits of manhood four and
a-half millions of hapless bondsmen, and
stood them before the nations with their
riven fetters-in one hand and their title
deeds to freedom in the other. .
The war ended, the rebellion subdued,
the bondsmen emancipated, the Republi
can party enured upon the third era of
its eventful history. Though conquered
by arms the rebels did not accept the just,
humane, and, generous, ideas of Abevictors,
victors, nor did they return to their
proper allegiance and loyalty to the
Government; but still bemoaning the
"lost ,cause," they remained nnsubdued
in will and unrepentant in spirit and
purpose. Though made free, the bond
men were homeless, without property,
without employment, subjectto the cruel
laws against free people of eoleir which
had always disgraCed Sodthern legisla
tion, and in the_ midst of a people exas
perated bidefeat, and maddened by their
loss of power still longer to hold and
oppress. Property Was swept away,
industry disorganized, society disinte
gr*d; and States were without lawful
governments.
Upon the Republican party devolved the
task of reconstruction. To its intrinsic
difficulties were added the intense hos
tility ofthe ex-rebels, the lingering preju
dices long engendered by the slave 'sys
tem, the timid counsels of conservatism,
and the apostasy of the Executive.
Great interests and powerful combina
tions sought to so re-construct the South
as - to place the power in the hands of
-the late slaveholding class, and-leave the
helpless freedmen the abject Condition
of practical serfdom. • Seldom in history
has there been imposed upon any body
of men a work of greater', maghitudo or
difficulty- The Republicang might have
shrunk from and avoided it. They were
sorely tempted to do 'so. But they re
sisted the temptation of official power
and patronage, the threats of Executive
dictation and all other adverse influences,
and with sublime fidelity and courage
addressed themselves to the lierculanean
task.
To aid In re-organizing disordered in
dustries, caring for, protecting and in
structing the emancipated bondmen in
the now duties of their changed Condi
tion, the Republicans established the
Freedmen's Bureau,- which, by the wise
expenditure of a few millions of dollars,
did an incalculable work of order, peace,
and the re-habilitation of Southern so
ciety. To re-construct rebellious States
on the solid basis of equal rights, they
gave suffrage to the freedmen in the re
.ccinstruction measures. To secure citizen
ship and civil rights to a wronged and
hated race, they proposed and adopted
the Fourteenth Amendment, and enacted
the bill of Civil Rights. To establish by
irreversible guaranties, equal political
rights and privileges, they adopted the
Fifteenth Amendment, and as a crown
ing act for freedom they provided by law
for the enforcement of those amendments
thus newly enshrined within the Constitu
tion. Thus the Republicans, againstthe
sternest opposition, against appalling
obstacles, have struggled on until the
rebel' States, reconstructed on the basis
of impartial liberty, have been restored,'
and the sublime doctrines of the Declara
tion of Independence made assured and
practical realities. In, the progress of
the ages it has-been given to few, in any
form or by any modes, to achieve a:work
so vast, so grand; so beneficent, so sure,
to bo recorded by history, and applauded
and remembered by coming generations.
Having achieved this grand work—
having passed through these three eras
of its history—tho Republican party, en
'tering oa its fourth era, was summoned
to deal with questions relating to the
nationardebt—the -currency, finances,
and taxation—to reforms in tne military,
,naval, and Indian service, and whatever
rediaming burdens and legacies wore left
by the war. Concerning theSe questions
there are apparent diversities of interests,
and real differences of opinion. The so-.
!talons of sonic of them aro embarrassed
by grave difficulties: They require time,
as well as finnheial skill and practical
statesmanshiP; „for R their adjustment
inmeckot.opinion-oninattercrserfe ,
condite and complex, in an organization
embracing se many men or large intelli
gence:trained to habits' of independent
thomilit, expression, and modes of action,
aro inevitable.' They are, indeed, to be
expected and desired, for . from such
freedom of discussion truth is elicited
and proper modes of action are deduced.
The mon, therefore, who stood so firmly
while in a minority, amid the denuncia,
Lions, arrogance, -and scorn of power ;
the mon-who Mot the stern exigencies of
civil war'with such heroic courage;°Who
assailed the slave power and extirpated
the Slave system.; the mon who grappled
so 'successfully - . with the perplexing and
pregnant issues of reconstruction, lifted
helpless freemen up to citizenship, ex
-alted-them - to- the-heights - of'ciil and
political rights and priiileges, and made
the nation free In fact as well as in name,
Should not hlahik ' from the less momen
tous and lesS embarrassing questionS be
fore' them. '
'Patriotism, principle; the continued'
existence, reputation, and renown of the
Republican party, and a duo sense of
self-respect and: pride of character do.
mand that the Republican party now, as
in the past, should have faith in its ca.
:paeity to carry forliard to , cempletion
reforms so auspieloitily begun. It came
.into being as an organization of reform
'and progress, -and Should be ever ready
'to accept the living issues of the hour,
'And march abreast with. the spirit of the
age. ' 'll,naidiskit has folight the battles
of.. referinwith constancy , and doniitge.•
Nor' before ittanit hopb'
'for ald-frOnl hoe ‘Vho still cling to the
'..irtiditionti:of.the past, - pride themselves
'on thelrtonservatism,' and; who, ,during •
thononillatil o.f the ..past..twanty years,
; hate masted' . Ulf 'reform, and mourned ,
(riti. every effete and hateful'abuse as it'
'fell. If there ard'Republionnii who Ore•
weary of the ascendency of a party which'
has achieved such crowning victories
who are tired of the responsibilities of
power, and would relinquish it to other
hands, they should remember that there
are none worthy to accept it. For surely
r they cannot- fail to see • that the Demo
cratic party, by its policy during the
closing years of its power, and by its
blind and unrelenting opposition to re
formatory measures while out of power,
even now, as if smitten by judicial blind
ness, refusing to accept the Constitu
tional Amendments as fixed and final,
has demonstrated its utter incapacity for
such a trust.
Accustomed to success oven against
fearful odds and underrating, perhapS,
the intrinsic; difficulties of the pending
issues, many Republicans looked to Gen.
Grant's administration with high raised
expectations. Of course they have been
impatient, and not always satisfied with
results. But while these expectations
have not been fully realized in the action
of either the President or of CongrOss,
much has been achieved ; enough,at any
rate,„to satisfy them that the difficult
prohlems will be wrought out and the
hoped for results accomplished., -
Grant came into office pledged to
maintain, inviolate, the public faith, re-.
duce the national debt, diminish taxation,
appreciate the currency, reform abuses.
in the civil and military service, and
maintain order in the &Mks -lately in re
bellion. By the - combined action of dab
President, the heads of departments,
Congress and the General of the Army,
many abuses ,have been corrected and
many reforms inaugurated. President
Grant's Indian policy is bringing forth
evidences of its justice; its humanity and
wisdom. The firm, just and generous
policy of tile Administration toward the
States lately in rebellion has brought
much of order and security, and Crimes
have largely dinfinished. ,In the inter-
eats of economy, the, services of thous
ands of employees, Both bcivil and„mili
tary, have been dispensed with. The'
currency has been appreciated in value
by tens and scores of millions of dollars,
and the national credit has been largely
strengthened.
.
Without any increase in the articles
subject to taxation' or in.the rate of tax
ation, the revenues of the fiscal' year,
ending the thirtieth of June, 1870, were
nearly four , hundred and nine millions of
dollars, against le - ss than three hundred
and seventy-one million's for the year
ending the thirtieth - of June, 1869, show
ing a gain of nearly thirty-eight millions
of dollars. On the other hand, the ex
penses of the fiscal year, 1870, were less
than those of 1869 by more than twenty
nine millions ordollars, thus showing an
increased revenue and saving in expendi- •
tures of more than sixty-seven millions
of dollars in the first fiscal year of Gen.
Grant's administration. In the last six
teen months- of Mr. Johnson's adminis
tration the receipts from customs and in
ternal-revenue Were - less .than three him
dred.and seventy-two millions of dollars.
During the first sixteen months of Gen.
Grant's administration they were more
than four hundred and sixty-nine mil
lions, showing an increase of nearly •
ninety-seven millions of dollars.
Republicans will rememberthat during
the last two years of Mr. Johnson's ad
ministration ho removed Republicans
appointed by Mr. Lincoln' and others who
adhered to the principles of the Repub
lican party, and appointed Democrats
where he could do so. The character of
those appointments and the demoralizing
influence which his opinions and conduct
had upon them wore seen in the loss of
scores of millions of dollars of revenue in
those years .. The largo gain in the col
lection is mainly duo to the determined
and avowed purpose of Gen. Grant to
secure an honest administration of the
revenue laws and Ay) appointment of
Republicans to olfic6 4 earnestly devoted
to his economical policy. .
During the recent session of Col:Wass
taxes have boon reduced more than sev-
enty-five millions of dollars. The taxes
have been removed from the transporta
tion by canals and railways, from sales
by dealers and manufacturers. The in
comb tax has been reduced to two and a
half per cent on all incomes abOve two
thousand dollars ; and it is to expire at
the end of two years. Tho tax on tea
has been reduced from twenty-five to
fifteen cents per pound • on coffee from
five to three cents; and tax on sugar
and ni - oldsses has been reduced in the ag
gregate twelve millions of dollars per an
num. ° By this reduction of taxation the
industries of the people and the necessa
ries of life have boon relieved of burdens
amounting to millions. The funding
bill is an important financial measure,
ifhich contemplates tho saving of inter
est upon the public debtby the exchange
of outstanding six per cent braids for
those of a lower rate of. interest, to the
amount of twenty-six millions and a-half
a year. While a reduction in taxes
transfers the burden of the debt. from
one year to another, and from one gen
eration to another, a seduction in tho
rate of interest is an actual saving to tlio
country, not only for the present genera.
tion, but for all time. And yet these
important and beneficial meaeures; in
tended to lighten the publie burdens,
-received little countenance and support
from the Democratic party, whose re
sponsibilities for the war, its losses, its
'expenditures, its debts and its taxation
aro so fearfully large.
Not faultless, but high, noble and glo
rious is the record of the. Republican
party. Histbry will note it, and the
world will gratefully remember it. In
the • light of this brief review of. the
achievements for• patriotism, Republi
can's, ono.and all, cling,to their grand or
ganization, rectify its mistakes, correct
its errors, and keep it true to its past
traditions, and in harmony with the en
lightened and progressive •spirit of the
age.• So doing, may they not perpetuate'
their power until their beneficient prin•
eiples shall become the accepted policy
of the nation? - Jimmy_ Wrisort,
Chairman of the Congressional Repub
lican Committee.
HOW TO PATTEIN A POOR HORI3II- .
Many good horses devour , lege quanti
ties pf ,grainiuml hey,,end r Atill.continuor.„,„—,
The - food eaten is not
properly assimilated. If the usual feed
has been nnground grain and hay, noth
ing but a change' will effect any desire
hie alterationtin the apilearance of the
animal. In ease oil meal cannot bo ob
tained readily, mingle a bushel of flax
seed with a bitshel'of barley, one of oats
and another bushel of Indian , corn, and
let if be ground into fine meal. This
will be a-fair proportion for all his feed.
Or, the meal or barley, oats and oorn, in
equal quantities, may first bo Prodpced,
and one-fourth part of oil-cake mingled
with.it when the meal is sprinkled on cut.
feed. reed two or three quarts of tho
mixture diiiiirfnues daily with•a peck of - .. •
out Lek an& straw. If the horse will eat
that amount•greedily, lot the quantity be
inereased;.until he will eat four or six
quarts at eaoh feeding, throp times a day.
But avoidthe practice of allowing allots° • -
to standat a rack well, filled' with- hay. "
In order to.fatten a horse that has run'
down In Rosh, the groom should bo very • ,
particulatto‘ feed tho animal no more than .
ho will oat up clean and Hole his manger "
for more.
. Tug Aln
.STOOK Journal has a •
letter from a correspondent in Illinois,
seribing a now breed - of hogs which it
calls the " Magio Hog," from the name•
of the train who first bred them in Ohid.
They have taken'the first pork packer's
prOmium at.St.Louis for two years past,
42150 and $7OO respectively,r and aro
.said• to combine all the excellencies of
most of the best ~ breeds, • with fqw of
their defects.' They grow 'very large,
and, front the description" given - , , we
• should judge them to be a' coarse, looe
. made, weak, mushroom varioty, which
probably takes on fat, and without doubt,
with a little morq stiffening, by the in. .
fusion of some Chester blood, may - make ~
a first quality of animal pork.
1111
piIIRME:,IN ADVANCE
$2.05 a year. .