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<l To thine own'self be true, and it must foltoto, as the night tho day, thou can'st not then be faise to any man''
BY lt. A. THOMPSON & CO.] PICK ."NS C. H., S. C., SATURDAY, J?tfE 16, i860, rYOL\ I-NO. .30,
POETRY.
Somebody'll Come To-Night.
I'must bind my imir with tho myrtlo bough
And pom it with buds whito,
And drive this blush from my burning brow,
For somebody'll come to-night ;
And while Iiis eyo ahull discern n grace
lu tho braid and tho folded flower,
He must not find, in my toll-face,
The spoil of his wondorus powor.
I must don thc robe which he fondly calls
A cload of enchanting Iffht,
Ami sit where tho mellowing moonlight falls,
For somebody'll como to night;
Ami while the robe and place shall seem
Hut tho vcrie.it freak of chance,
'Tis sweet to know that his eye will beam
With a tenderer, happier glauco.
'Twas thus I sang when tho years wore few
That lay on my girlish head,
And all the. flowers thal in fancy grew
Were tied with a golden linead:
And somebody came, and thc whispers there
I cannot repeat, them quite,
But I Know my soul went up in prayer,
And somebody's herc to-night.
1 blush no more nt tho whispered vow,
Nor sigh in the soft moonlight ;
My robo has a tint of amber now,
And I sit by ? Ho anthracite ;
And lb" locks that viod with thc glossy wren
Have passed to the silvery gray ;
Hut the love thal decked them with flowers then
? I? a holier lovo I o'day. ?
e.... egg ? ? ' ? *?" . - '_. J *
V J^. !FL I IE T y.
[From tho Now York World.]
The Eagan Habeas Corpus Case
ILLEGALITY OP TRIALS HY MILITARY COM
MISSIONS-- IMPORTANT DECISION RV JU DUE
NELSON.
United States Circuit Court-Before Judye
Nelson.
In thc matter of James Hagan, a prisoner
in thc Albany Penitentiary-habeas eorpas.
Amasa J. Parker for tho petitioner; Wm.
A. Dart, District Attorney, for thc Govern
ment.
Nelson, C. J.-The petition and return to
thc writ of habr?s cor/ms issued iy this case,
presents thc following fnct.s :
Thc prisoner is a oit ??eu, and by occupation
n farmer, in the Lexington District of thc
State of South Carolina, some eighty years of
ago, and never engaged in thc military service
or connected with tho army of the United
?"hates, or of thc so culled Confederate States,
has been arrested and tried before a Military
Commission, in pursuance of orders issued at
Headquarters of the District of Western South
Carolina, Columbia, upon a charge of murder.,
convicted, nud sentenced for life to thc Alba
ny Penitentiary.
Thc spcoiilittion in tho record of the crime
is thc killing of u negro boy by shooting him,
on or about thc 24th of September, 1805.-?
The trial took place on the 20th of November,
nnd the sentence pronounced on the 1st of
December following. Tho sentence is ap
proved by thc order of Drovot Major-General
A. Ames, and also of Major-General I). IO.
Sickles. The only paper or evidence before
us, on thc return to tho writ of Indiens eorpus,
is thc record or order of committal in the
hands of General Pilsbury, the Superinten
dent of the Penitentiary, which cobains the
above facts.
It will bo observed that'this trial before the |
Military Commission took place some seven
months after the termination of hostilities and
the surrender of the rebel anny to the author
ities of the United States ; and, further, that
thc oflbnoe if one which, according to our con
stitutional system of Government, is cogniza
ble by tho judicial authorities of thc State,
?nd not of the Federal Government. And,
also, that tho trial was not- under the rules
aud articles of war as established by the,Uni
ted States, in Congress assembled, as these ure
timited to the government of tho hind or na
val foroes of tho United States, and of thc
militia when in actual scrvioo in timo of war
or public danger.
'The trial must havo boon had under what
is knowu mid denominated u martial law,"
and tho question in thc o ise is whethor or not
this conviction and punishment can be held
by, reason of thnt authority.
All rcjpoctablo writers and publicists agree
in tho definition of martial law-.that it is nei
ther more nor less than thc will of the irem;r:;l
who commands the nrmy. It overrides and
suppresses all existing laws, civil officers and
civil authorities, by thc nrbit-iry cxeroiso of
military rjpwcr ; and oyory citizen or subject,
in other word ?, tho entire population of the
country within tho confines of its power, is
nubjootod to tho mero will oi caprice of thc
commandor. Ho holds the lives, libcrty,*und
proporty of all in tho palm of his hand*.
Martial law is regulated by no known or es
tablished system or codo of laws, as it is over
and abovo all of thom.
Tho epiuaiander is. legislator, judge, and
oxcoution?r. Uh* order to thc Provost Mar
, sha! is tho beginning and thc end of the.trial
and condemnation of tho accused.
, Thcro may bo a hoaring or not, nt his wjlj.
If permitted, it may bo a Drum-head Court
Martial, or, tho moro formal Hoard of a Mili
tary Com mission j or both forms may be dis
ponged with; and the trial and condemnation
equally legal, though not equally humane and
judicious.
The law officers of thc Crown in England,
tu giviug their opinion in thc matter of the
insurrection in the Island of Jamaica, observe
that courts martial, as they aro called, by which
martial law is administered, are uot, properly
speaking, courts martial, or courts at all. They
are mere committees formed for the purpose
of carrying into execution tho discretionary
power assumed by tho Government ; on thc
one hand they are not obliged to proceed in
the manner pointed out by tho meeting, act,
and articles of war ; and, on thc other, if they
do so proceed, they arc not protected by them
as members of a real court martial might bo,
oxcept in so far as such proceedings e. re evi
dence of good faith.
Lord Wellington, in one of bis despatches
from Portugal (181 (J), speaking of martial
law, observed that, its applied to persons, ex
cepting Ollioers and Soldiers and followers of
thc army, for whose government there arc par
ticular provisions of law in ail weil regulated
countries, is neither more nor less than the
will of the (Jouerai of thc army. Ho punished
either with or without trial, for crimes.either
declared to be so or uot so declared by any ex
isting law,.or by his own orders. Subsequent
ly in a speech iii the House of Lords, bc ex
pressed thc same opinion, and added : " Lu
fact" martial law means nd law at all ; there
fore tho (Jencrai who declares martial law and
commands that it shall be carried into execu
tion, is bound to lay down distinctly the rules
and regulations, according to which his willis
to bo carried out."
This being thc name and extraordinary
character of martial l;?\v, which, as observed
by Sir Matthew Hale, io not law, but something
indulged rather than allowed as law, all tho.
authorities agree that it eau bc even indulged
only in case of necessity, and when the neces
sity censes, martial law cenaos. When ii Gov
ernment or country is disorganized by war,
nod the courts of justice broken up and dis
persed, or arc disabled, from the prevalence of
disorder and anarchy, to exorcise, their func
tions, there is an end of all law, and thc mili
tary power becomes a necessity which is exer
cised under thc form, and according to thc
practice and usage of martial law, as slated by
a distinguished civilian, " when foreign inva
sion or civil war renders it impossible for
courts nf law to sit, or to enforce the execu
tion ol' jjioir judgments, it becomes necessary
to liud some rude substitute for thom, and to
employ for that purpose tho military, which is
' the only remaining forco in thc community ;
and while the laws arc silenced by thc noise
of avilis, thc rulers of tho armed force must
punish as equitably as they can those crimes
which threaten their own safety and that of
society ; but no longer."
This necessity mi st be shown affirmatively
by the party assuming to exercise this extra
ordinary and irregular power over the lives,
liberty ?'iud property of thc citizen, whenever
? called in question. As explained by thc Judge
Advocate General of England before a commit
tee of thc. House of Commons, in case of mar
tial law dech.red in Ceylon, (and which expla
nation has been approved by tho law officers
of the Crown) in answer to n question put by
Sir Robert Peel, he observed, " I believe thc
law of Kn gi a nd is, that a Governor, like the
Crown, han vested him thc right, where tho
necessity urines of judging of it, and being re
sponsible for his work afterwards, so to deal
with thc laws for the safety of the colony."
And, again, in.answer to a question by Mr.
Gladstone : u I say ho is responsible just ns
I am responsible for shooting a man on the
king's highway, who conics to rob mn. If I
mistake my man, and havo not, in the opinion
of the judge and jury who try me, au answer
,to give, 1 nm responsible,"
Applying these principles to thc case (rt
hand, wo think tho record fails to show any
power on thc part of tho military officer over
tho alleged erimo therein stilted, br jurisdic
tion of thc Military Commission appointed by
him to try thc accused. No necessity for the
exercise of this anomalous power is shown.
For aught that appears, thc civil local Courts
of the State of South Carolina were in thc full
oxereisoof thoir judicial functions at tho time
of this trial, ns restored by tho suppression of
tho rebellion, some seven months previously,
and by thc revival of thc laws and reorganisa
tion of tire Stnto Government in obedience to
and in conformity with its constitutional du
ties to tho Federal Union.
Indeed, long previous to this a Provisional
Governor had been appointed by tlic Presi
dent, who is Commander-in-Chief of tho Ar
my and Navy of tho United States (and whose
will under martial law constituted the onlv
rulo of action,) for tho special purpoao ol
ohanging tho existing state of things and ro
stering civil government over tho people. In
pursuance of this appointment a ucw Constitu
tion has been formed, n Governor and Legis
Intiiifc oleoted undor it, and tho State in thc
full enjoyment or entitled to tho full onjoy
piont of hor constitutional rights and privi
lege?.
The Constitution anti laws ot tho Unlot
wore thereby acknowledged and obeyed, ant
were as authoritative and binding over th
people of thc Stat? as in any other portion of
the country. Indeed, tho moment thc rebel
lion was suppressed, and the Government
growing out of it subverted, tho undent pos
session, authority and laws resumed their ac
customed sway, subjcot only to thc new re
organization or the appointment of proper
officers to givo to them operation and effect.
This reorganization and nppolnfchiont of tho.
public functionaries, which was under t,llo
superintendence and direction, of tho Pres
ident, ns Conimandor-iu-Chiof*of tho Army
lind Navy of tho country, win); ?jg such, had
previously governed tho peoplo of tile State
from imperative neeccssity by force of martial
law, had already taken place, and the necessi
ty no longer existed.
Wehuvo'not deemed it necessary, if prop
or, to look into thc merits of the offence
charged against the prisoner,.vnlthough it is
insisted that it occurred in self-defence, and
in resisting violent assault upon himself.
Let the prisoner bc discharged.
Southern Baptist Convention.
RUSSKLVIM.K, KY.-, Mny 26, 1800.-In
the Convention to-day, Dr. Te?henor, of Ala
bama, submitted a report and address upon the
subject cf affoivling religious instruction to the
colored population of tho Sou)h, thc encour
agement of day schools among .Ilium, and the
education of colored prenohcrs^by tho Baptist
pastors. This roport elicited some discussion,
but it was the unanimous sentiment of thc
Convention that tho former masters of thc
slaves were their proper instructors, and that
Baptists, above all others, should actively and
energetically exert thcin.selves'|ri thc matter.
Messrs. McIntosh, of Alabama, and Poin
dexter, of Virginia, alluded to tho absurd
prejudice existing against teaching the blacks.
They could see no degradation ju it.
Dr. Crawford, of Georgetown'College, spoke
of thc laws formerly existing ty georgia, pro
hibiting even owners to teach their slaves.
Ile und his children had violated that law, foi
it was a law against Cod, Tho report wai
adopted without opposition.
A preamble and resolution^; defining UH
opinion of thc canon upon tho subjcot of re
ligious liberty, was introduced by A. P. WU
limns, of Missouri. It rc-asscrts the grea
cardinal and fundamental principles of Bap
tist faith which have ever boen in autiigouisu
to persecution for conscience' sake.
Tiic declaration of opinion gave risc to i
discussion of very general interest. The Mis
souri delegates were opposed to any persona
allusions to themselves or the persecution thei
have undergone and are now suffering. Bu
thc Convention preferred to express its syni
pa thy with its Missouri brethren and its do
testation of tho despotism " that prevail
there.
Speeches were mode by Dr. Fuller, of Bal
tiniore, and Dr. Burrows, of lliohmond. Dr
Vuller gave his porsUluM experience in tin
midst of civil war, and how he had obcyet
tho laws of tin; United States, not for patriot
ism, but for religion, having stated this to tin
authorities at Washington when bc was threat
encd with imprisonment
Dr. Burrows, of Richmond, stated that h
hud-nothing to repent of in what he had said
or thought, or done, during tho past G ve years
and that to no man living would he ever male
acknowledgments, or ask pardon of any bu
tho Lord of all.
Professor Boyce, of South Carolina, wh
:wns, for. months after his State seceded,
warm Unionist, but afterward n staff oflicei
spoke upon tho subject of soul liberty. I
was, ho said, Biblo doctrine, as well ns Bar
tist doctrino, and should bc reasserted and*rc
instated by the Convention. This dise?aste
gave ocoasion to thc most spiritod debates o
the session, and there was evidently muohfecl
ing on tho important question of military* am
civil interference with religious nffuirs.
The (louerai Association of the Kentuok
Baptists met this morning in the Methodis
Church. A lnrgc delegation is present frbtl
every scotion of tho State. J. S. Colomon, o
Ohio County; was elected Moderator, and \V
Pope Yoeman, of Covington, Clerk. The rc
port of tho Corresponding Secretary exhibit
thc rcoeipts of Kcntuoky at $S,000, durin
tho past year, for benevolent purposes.
A. voto was taken upon the place for hole
ing tho next annual mooting i?cndersot
Millorsburg, New Liberty. OwcnsborOj an
Louisville wcro tho contending localities. Th
voto stood : Henderson, 74 ; Louisville, 41.
Dr. Crawford, of Oeorgetowu, was chose
to proaob tho next introductory sermon, an
H. McDonald alternate. Kev. G. C. Lonnie
was appointed Chairman of tho Committee o
Relations with the colored people, and Rm
R. M. Dudley Chairman of tho Committee o
Revision of tho Constitution.
To-night Rev. G. C. Lorimer preached tl
introductory sermon before a orowded nud
cuco.- Cincinnati Commercial.
NMV YORK, May 80.-Tho steam sbipP
ruvian, from Livorpool,. arrived at Sand
Hook to-day. She has seven hundred ar
fifty passengers. Has lost thirty-fivo fro
oholcra during tho passage, and lins ?went
olght now sick on board, who will be tr?o
ferred to the hospital ship.',*,
The Columbia and Hamburg Railroad.
Thc " Edgefield Advertiser." in un article
on this road, says :
There nrc at present from 350 to 400 hands
at work on this road, which force will bc short
ly increused to 500. Tho contract for the
bridge over tho Congarcc, at Columbia, bas
been taken. Tho laying of the iron upon-the
track will be commenced about thc 1st No
vember next.
Col. William Johnston, thc able and widely
known President of thc Road, os also of thc
Columbia and Charlotte Road, accompanied
by Col. Gardner, Chief Engineer of the for
mer, have been lately in our midst, bending
their united energies to the furtherance and
speedy accomplishment of their great work.
The high integrity and known financial ability
of thc President stamp with success any meas
ure with which he allows his name to be asso
ciated. He is plain, practical and earnest,
and possesses in a remarkable degree thc con
fidence of the entire public.
.Sometime ago, when Col. Johnston's name
was first associated with the Columbia and
Hamburg Road, we had occasion to cast our
eyes over a Statement of the condition of tho
Charlotte Road. We ascertained the fol
lowing facts : Thc annual income of this
Hoad' was about 3300,000 ; and thc nett
income, after payment of all expenses, $190,
000. Tho entire cost of this Road was
about $2,000,000; the yearly interest on
which is ?140,000, leaving $50,000 net t profit
to the stockholders, per annum. . Resides this,
when Sherman marched through thc country,
the Charlotte Road owned over 1,600 bales ot
cotton, a large number of negro slaves, and
much other valuable propel t3'.
Tho Columbia and Hamburg Road will eost
at a close estimate $1,500,000 ; audit is rea
sonable to suppose that a great and unavoida
ble thoroughfare from North to South, as this
Road must necessarily be, will provo moro re
munerative than the Charlotte Road.
SAN FRANCISCO, May 28.-Thc Mexicai
Consul has received an otliciul despatch, da
ted 16th inst., from Mazatlan, announcinj
that the Liberals attacked tho garrison at Her
manville on thc 4th, and after a bloody stugglo
captured and pillaged the town. I ni peria
reinforcement? subsequently arrived, killet
200 Liberals, drove away tho balance, and cap
turcd all thc booty. Don Gonzales, (who re
fused togivo thc Liberals ?40,000,) togcthci
with thirteen Americans, wore cruelly riiur
dered.
Tho Imperialists defeated Covona and Sic
galvn. Several wealthy families have arrivot
here, flying from Liboral rule. Tho publish
cd accounts declare that i/i thc attack on Her
manville thc Liberals murdered 35 foreigner!
and 500 citizens, who assisted to defend titi
town. Letters corroborate the statement o
forced contributions by tho Liberals. Th?
town was pillaged and women violated. Th?
population of Sonora was rising to avenge th?
wrongs perpetrated by thc Liberals.
NEW YORK, May 30.-Unofficial repot
says that tho steam ship Union from Liver
pool, 164 daj'a out, arrived at Quarantine yes
te.rday with upward of four hundred passen
gera on board. Thirty-three had ?lied on th?
trip of cholera, and fifteen eases were still oi
board. Since the 1 Otb inst, nearly 7000 omi
grants havo arrived at this port.
Ai/?XAN?>t.a II. STEPHENS ON TjIE SlT
u ATI ON.-A letter from A. II. Stephens, da
ted Crawfordsvillc, Georgia, 15th instant
says :
" I found all things in Washington, upoi
tho whole, in as good oondition, if notbcttci
than t expected. I have not, from thc begin
ning, looked for anything from this C?ngrcsi
My only hope for the country is in the ncx
fall oleotioris at tho North. Should the Pres
ident's policy be sustained in these, all ma
yet be well. If not, to mc, the prospect o
tho future for this country, North and Soutli
is gloomy indeed. Rut from what I saw an
heard nt Washington, my hopes for a chang
next fall wore greatly stimulated. I am sti
hopeful iu this viow, but far from being sar
guino. Constitutional liberty will, inmyopii
ion, in n great mcusuro dtipend upon tho rt
suit." _____ t_
RATI T.K BETWEEN ROYS.- -Thc "Alcxar
driu Gazette " of Monday says :
Tho regular weekly fight between tho Wasl
ington and Alexandria boys, came off yeste
day evening, at tho Four Mile Run. Aboi
two hundred-whito anti black--W?ro ci
gaged on each side, and during tho melt
guns and pistols were freely used. No Ale:
andriana were seriously injured. The Wusl
ingtonians were defeatod, and driven from the
position with the loss of their hats and jncl
cts, which bad boon deposited in n pile pr
vi ou 8 to tho commencomojit of tho battlo.
Theso Sunday ovoning.civilized anvusemon
have becomo of suoh invariablo occurred
that many tako tho oars from Washingh
and this city to witness the sport I
Atiyn During two months past, twontv-b
deaths from starvation oooured in New "i or
two from suioide, and 27 from d?Urikc?riC
Later From Europe
N\iw York, June 8.-Thc steamers Her
mann and Southampton, with dates to thc 23d,
have arrived.
A Paris telegram tb the London Post stales
definitely that arrangements have been made
fora conference of France, England and Rus
sia on one side, Austria, Prussia and Italy ou
the other, with Drouyn D'Lhuysns President.
The "London Herald" tsuysthut conferences
can do nothing, und that war is certain unless
tho combatants become exhausted under tho
burdon of prupar?tiou.
The Dresden oilioial journal sa3's the con
ference was to meet M ti j 25th, but that Aus
tria was evincing a disinclination to partici
pate. If persisted in, she will bc represented
pro tom by England. There is no relaxation
in military preparations by Russia, while thero
is a universal feeling that there will be a pa
cific solution.
Prussia has issued a decree that, in tho
cvout of a war, the enemy's merchant ships
will not bc liable to capture ou the high seas,
provided similar rules are adopted by her an
tagonists.
The Austrian Commandant has notified
thc Venetians that any attempt to enlist in
Italian Corps, or to encourage desertion, shall
bc dealt with by martial law. Austria has re
fused to discuss any proposition for tho ces
sion of Venetia. Thc formation of volunteers
into Regiments commenced on thc 21&t.
A Viennla dispatch says that the treaty be
tween Prussia and Italy is offensive and do
fcnsivO, and . coutinues until the end of the
present year. A Prussian corps is concentra
ted at VYiltz Kcrfut Reisso. To prove that
Prussia acoepts the mediation of conference,
tho departure of the Prince Royal and Prince
Frederick Charles has been postponed.
Thc report that au Austrian patrol had
crossed the Prussian frontier is denied by thc
Austrian commaudcr.
NKW YOUK, June 4.-Thc steam ship
Nova Scotian has arrived at Farther Point, via
Londoudbry with Liverpool dates to the 25th
ultimo.
The European political situation romains
unchanged. *
Nore failures are reported. The financial
condition of affairs is gloomy > A foreign Brus
sels telegram from Paris states that thc Gov
ernment is raising to their full complements,
all regiments belonging to the armies of Pur
is and Lyons, in order that they may bc put
on a wa- footing, and placed as armies of ob
servation ou thc German frontiers.
Robinson, Gaysten & Co., Bankers at Man
chester, have fa i Jed. I viabilit?s not large.
Cotton had declined during thc week from
? to ld. for American and a to Sd. for other
descriptions.
Tiru desolation of the South is thus pic
tured by a traveler : " Passing from New Or
leans to St. Mary's I felt as if in a funeral
procession for over a hundred miles. This
vast country, once tho Eden of America, is a
desert over which the weeds of mourning
flourish and tho clouds of sorrow weep. Tho
verdure of spring enchants tho woods and
wilds of yoro, but industry is unseen in tho
fields and commerce unfelt on tho waters.-..
Thc orange and plaintain arc green in thc
groves and thc palin and the myrtle arc bright
in thc gardens, but the plantations aro uncul
tivated, and the once hospitable hornes have no
hand to extend.welcome to friends or strangers.
Thc ruins of mansions oro ovorgrown with
thorns,- and a thousand wnlls once vooal with
songs and maohincry now stand as gloomy
symbols of conflagration. Along tfie rail
ways, by the river and bayous, tho same sad
scene of malevolence and wanton destruction
is continually visible'. Thc number of sugar
mills and houses needlessly bumed is rory
groat, and thc Utter ruin inflicted without
cause, is incalculably vast. Not ono third of
thc farms aro being worked, end but few that
aro will produco much sugar j several years
labor beiug chiefly required to produce seed ;
perhaps one-tenth of n crop will bo produced,
not more."
AGRIGULTURAL-EXPORTS.-Tho Com- .
missioner of Agriculture states that tho follow
ing is a statement of thc exports from Now
York of tho lending agricultural products from
January 1, 1800, to May 1 : Flour, (wheat)
344,400 barrels ; ryo flour, 1,074 barrels ;
corn meal," 43,523 barrels; wheat/100,457
bushels; rye, 171,823 bushels; oats, 076,
520 bushels ; peas, 26,014 biishols ; com,
2,077,150 bushels; cotton, 235,852 bales;
hay, 17,G4G balos; hops? 882 bales; leaf to
bacco, 13,420 bogheads ; leaf tobacco, 21,005
packages; manufactured tobacco, 002,543
pounds; petroleum,0,035,206 gallons; pork,
30,530 barrels; beef, 12,015 barrels ; beef,
21,370 tierces; cut meats, 21,036,355 pounds;
butter, 743,055 pounds; chceso, 2,080.101
Sounds; lard, 12,087,482 pounds; tallow,
,103,110. _ .
Josh Billings says : u I never could find tho
moaning of tho word 'collido'in Woroastor or
Webster ; but riding thc other day on tho Now
York Central Railroad I saw it ell. It is tho
attempt of two trains to pnss euoh other oh u
single track. If I romomber correctly lt wo? * *
a most miserable failure."
