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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."