Newspaper Page Text
VOLUME VII.-NUMBER 1157.
SIX DOLLARS A YEAR
W XDOB jrATIOHA.li CAJPTTAZ.
Tfce SoatkeriA Cotton Crop-Official Ka?
urna tc? of ttl? Yield-Postal Matter*
Tm? Trouble ia North. Carolina, ?kc.
[SPBCIAX TB Li G RAM TO TBE NHWS.]
"WASHINGTON, October 28.
Tbe Agricultural Bureau to-day Issued the fol?
lowing report on the cotton crop: "The area of cot
teat wider cultivation was increased last spring
faBy stzteen per cent More than a million of
aeree were added to the cultivated area, Fertili
aera were liberally used to the Atlantic States,
and Improved implements were to some extent
t, employed. These facts wero taken as sure indi
.attona of a large cr?p. As the season pro?
gressed serions drawbacks appeared. It can
' not be denied that the loss by the
*v '??itt- ?ij I
..; ftrooght has been severe tn the Caro
anas and Georgia, greatly reducing the yield on
aB upland soils of medium depth and quality,
Musing the blooms and young bolls to fall, stop
ftatr the growth of the plant, and for? m g in to too
mMf maturity the more advanced bolls. In Ar
haasts and other portions of the Southwest the
plwt waa also injured by thc very h?t weather in
Aagost. The caterpillar and bon worm commit?
ted depredations tn some section^, destroying
hen and there half the crop of a county. . But
their ravages were by no means general and al?
so*? universally" later than last year. The picking
will be greatly reduced in quantity and picking
season win be over unusually"early, except on
plantations short of labor. Detailed and oom
' pisto t-jurcates of the aggregate yieLi have not
; -jet .been completed. There ls no reason to be
ttsVes from an examination of the October re?
ports, that the preliminary and conditional estl
mte*heretofore made (of 2,760,000 bales) the only
ome made this season-newspaper reports to the
1 contrary notwithstanding-can be exceeded. In
, the next report will be given a detailed summary
of Ute yield after trie final reports are received
aaa careraHy examined."
T?e Postmaster-General's report, now .being
arepared, shows that the expenditures of the
nostofflce were, two millions greater thia year
? and receipts nearly one million more than last
' year, showing a deficiency of over one million
deuars-for the present year.
Prtvato dispatches from North Carolina fndi
?ato that government troops wm be sen t there.
pr?oK'TEX A??OCIATKD PRXSi] '
WASHIMATON. October 28.
.There are rumors of a heavy pressure for farther J
podfonement of the elections In Mississippi and
The Court of Claims has adjourned to the first
Monday to December.
MT. Low, of California, Minister to China, is
hew for rastractioaa.
The Executive Committee of toe Union Leagut
-.ra here try lng to raise a fund to aid the extrem?
ista of Mississippi.
' More than one raflnon acres have been added to
tte area curUvatea for cotton.
Virginia tobacco win. p3y three millions cf tax
Lawyers regard lt a? certain that Yerger win
ae brought to the bar of the Supreme Conn.
TkAir??Ment aM<rrderta that all eommunica
. Hon? relative to' Executive business shall be pre- j
seated to the appropriate departments, or no at?
tention win be paid to them.
Secretary Ptah has issued a notice that na va?
sca doa exist abroad In the Sute Department.
jtmenrTUL fm A uno AI DISASTER
??D pass or LLTX.
Sr. LOUIS. October ZS.
the steamer Stonewall was burned yesterday,
, forty miles above Cairo. Of the ?rev and pas
. sesigers, nambering tiro hundred and fifty, but
t fatty odd were saved. The vessel left St. Louis on
Turaday evening for New Orleans heavily laden
with pasaeqgera, horses, males, hay and other
. freight. She was burned to the, water's edge. An
effort was made to land,-bot the boat was so
1 heaT?yiadan that the could not reach nearer than
lr ?tte honored yards of the shore. Great confusion
and terror prevailed with about aoo cabin and deck
pasAWgeni on beard, a irge proportion being
rrrjjjr; and children, ir flames spread rapidly,
laooirM af men Jumped toto the water and at
tenpted to swim to the shore, and nearly all were
last, the pile*., engineer, stoker, carpenter, and
. torty-fonr passengers tie known to be saved.
Th* oap tata, clerk? nd other, officers, ' and many
PfHwengera, are Known to be lott. AB the booka
and papers of the boat ware lost, as were au the
Wtie and other freight. Many persons died after
retaking the shore from exposure, and the women
and saildren warr lost, nearly all being barned' J
ta ?eath. The conduct of the passengers and j
calcen ia aatd to haye been heroic Such an ap?
paling scene hay not been witnessed on the Mis?
tletoe TOP man^ years. The saved were kindly
eared for hythe officers of the Belle Memphis, and
wereetrried to'St. Laois. The second engineer
of thc Stonewall makes the following statement:
The alarm waa gtveu at 6:30, and' ta ten min
utos-the boat was ta a sheet of flames ; every person
had deserted her; all that were lost were drowned
and none were burned. Of eleven women on
. hoard but three were saved. But one yawl was
. ?eeo. and that was taken possession of by some
deck passengers. The last seen of Captain Scott
he waa floating down the stream ona log. The peo?
ple ot NetJtya saw a light and hastened to assist.
A gentleman from Paducah, Kentucky, swam
ashore with a lady, and at her entreaty returned
to save her child. In swimming ashore he was
grasped by A drowning man and was compelled
to shake him off. Fulkecson, the pilot, and the
?arpenter, were the only ones of the crew saved.
Another statement is that the fire originated
from a candle which the deck passengers had
near some hay while playing cards. The steamer
iras ron on a gravel bar, the pilot supposing that
the passengers could wade ashore on the bar; but
at the end rons a slough, and here the larger
arrober were drowned".
JOWS tttOAf riEGIXIA.
RICHMOND, October 28.
Colonel John Barke. Inspector of Internal
Keveaue; J. P. Dustys, Wm. M. Justis, and R. F.
Taren tine, tobacco manufacturera, wer e arrested
ladt night, charged with conspiring to defraud
the revenue fry means of counterfeit tobacco
stamps, AU were balled for trial. " . -
The detectives last night captured eight thous?
and dollars ' worth of counterfeit tobacco stamps.
The Richmond Theatre was sold to-day for
thirty-four thousand dollars" to Mrs. Elizabeth Ma?
gill, of New York.
. The Agricultaral Fair grounds are fast tilling
np-r there are already four hundred of horse and
cattle orj the ground', though the. fair does not
eommeace until Tuesday. The mineral depart?
ment, a building fifty feet long, is already nearly
?0B of speclmena. v
XBW8 JFJtOJf CVBA.
HAVAMA, October 28.
. Tho Spanish steamers Pizarro and Asturias
have gone to Nassau, N. P., looking after thc
' Seri?os fraads have been discovered in the
bonded wareo, ousea. The Judge of the Supr?me
Court,. t ?6 Treasurer and the Captain-Gea eral are
personally investigating the matter.
The furniture to the palace ?if Senor Aldamas
waa seid at auction by the government to-day.
The insurgent General Cavado has issued an
orct?Afe high subordinates to hors corn-fields as
wa hU>B cane is dry.
TUE ELECTION IN ABBETILLE.
(SPECIAL TELEGRAM TO THB NEWS.]
COLUMBIA, October 36.
We received this afternoon the first returns
from the Abbeville electron. At Abbeville Court
hen ?c there were 816 votes polled, as follows:
Guinn, Radical, 630; Sullivan, Radical, 630; Brad?
ley, Democrat, 278; McDonald, Democrat, 277;
scattering, 7. At Bradley's box the Democratic
majority 1B 201. A disturbance is said to have oc?
curred at Calhoun's Mills, but there was no blood?
shed. The negroes were thoroughly organized.
Mo election ?vas held at pe Lowndes ville box be?
cause the whites refused to sit with a negro as a
manager. It is doubtful how th? district has
ILlnesa of Hr. Peabody-Paris Q,nle't
Affairs In Spain.
LONDON, October 28.
Mr. Peabody is seriously UL His recovery is
The Dublin Fenian Amnesty | s oe ta tl on have
passed resolutions regretting G. . one's refusal
to release the Fenians, and resolv,uur o continue
the agitation and form local associ?t ."as through?
out the country.
PARIS, October 28.
The ??ty continues tranquiL The Emperor
visited the Theatre Fran?ais yesterday.
MADRID, October 28.
The ministerial crisis ia over; all parties have
agreed to postpone differences. Carme, the In?
surgent leader, is condemed to death.
BRUSSELS, Ostober 28.
The elections of deputies show a decrease sf
TBE SAINTS IN MOT WATER.
ST. Loma, Mo., October 28.
Intelligence from Salt Lake indicates a serious
schism bi the Mormon Church, stenhouse, edi?
tor of the Salt Lake Telegraph, and for many
yean Brigham Young's most staunch supporter,
aeads the defection. His daughter bi one of Brig?
ham Young's son Joseph's wives.
STARKS ERO M THE WIRES.
lt waa snowing yesterday in Philadelphia.
- Pendleton is appointed president of the Ken
' tucky Central Railroad. \
The Kew Orleans City authorities are after the
bakers with a sharp stick about the weight of
The case of the privateer Cuba drags on slowly
at Wilmington. The evidence was closed yester?
day, and the argument begins to-day.
A brilliant meteor, with rumbling sound and
sulphurous smell, passed over Dayton, Ohio, Wed?
nesday night. At the same hour an enormous
meteor passed over Forest Station, moving east?
ward. It resembled a locomotive headlight, and
moved with a booming roar. It o hook houses,
broke windows and awoke people. There were
three heavy explosions.
-Abbe FreppeL, a learned French theolo?
gian, well-known for his reply to Renan, is
about visiting England for the purpose of hold?
ing a conference with some of the leading Rit?
ualists on the coming Connell and on reunion
-A proposition made in the English Church
Congress by m Ser. Mr. Bligh, to Introduce the
feature of extemporaneous prayer Into the rit?
ual of the English Church, met with a very de?
cided and unanimous negative from the large
body of clergy and laymen there assembled.
-The Saturday Review says of Victor Hugo's
last work : "In point of genius one of the most
remarkable works of the year, L'Homme Qui
Rit, add? the weight of genius to drag down
the moral standard of an age already far
enough gone toward the lower depths of mo?
-Rev. Mr. Yonge, during the session of the
Anglican Church, Congress, talked rather fa
millari}- of a certain mysterious personage
with whom "men of the cloth" are, theoreti?
cally, at least, supposed to nave very little ac?
quaintance. Mr. Yonge, we are told, boldly
commenced by attributing all doubt and diffi?
culty to the Dc v d, to whose rapid Intellectual
progress during the last two thousand years
he bore "personally bis explicit and courage?
ous testimony." The Devil, he said, hadr prof?
ited vastly "by experience," and had a great
many resources now of which he was not mas?
-Recently a cable dispatch was published in
this country, stating that the Civlllta CattoUca
had declared that the (Ecumenical Council, In?
stead of deliberating and settling questions by
the voice of the majority, would have nothing.
to do but to ratify the decisions already made
by the Pope.This is a misstatement of the
position assumed by the Journal in question.
Its argument is that the Pope, being the head of J
the Church, has authority over the CouncU,
and can therefore determine what points shall
be treated by the assembled bishops, control
the language of the definitions, and forbid dis?
cussion upon points which he does not think
proper to bring forward. That ls to say, he
can confine the deliberations to a certain Hst
of subjects-which is a very different thing
from preventing any deliberation at all.
-At the opening of the new Episcopal
Church of" St. Ann's, in Brooklyn, Bishop Mc
Rvaine, of Ohio, preached the sermon, and
took occasion to attack the Ritualists in very
lively style. The Bishop said there is a very
wWe belief among those who wait for the
coming of the Lord, that the time of his se?
cond appearing draws near. He thought there
was much In the aspect of the times to coun?
tenance that Idea. At any rate the Apostle's
description applies, in an alarming degree, to
the present generation, in various branches ol
the visible'Church. The Bishop spoke of the
Ritnallsts as men "who were fond of exhibit?
ing an extravagant zeal for the whole ritual
form of godliness, to enlarge it. to adorn lt, to
invest it with a sentimental, mystical Imita?
tion of spiritual life, with deep hidden mean?
ings and mysterious sanctities, a vail of sym?
bolism and a cloud of ceremony, under which
the man may hide himself from himself, and
Imagine he ls alive unto God and growing in
in grace. Thus," he went on to say, "the mi?
nute reinauguration of cast-ofi trappings of |
ritualism which our reformers could not tole?
rate-gorgeous sacerdotal vestments, full of j
false doctrine in their symbolic meaning, the
marchings, the banners, the crosses, the can?
dles, the censers, and all those so-called im?
posing inventions which are intended to teach
the profane pretence of the reoffering of the
sacrifice of Christ."
-The poet Bryant counsels a young con?
tributor to the Post as follows : " My young
rle nd, I observe that you have used several
French expressions in your article. I think
if you will study the English language, that
you will find it capable of expressing all the
ideas yon may have. I have always found it
so. and in all that I have written I do not re?
call an instance where I was tempted to use a
foreign word, but that, on searching, I found a
better one In my own language." * ?
THE YERGER CASE.
THE DECISION OT THE UNITED
STATES SUPREME COURT
THE JURISDICTION OF THE COURT SUS?
ARGUMENTS ON THE WRIT OF HA?
BEAS CORPUS TO BR HEARD.
The Washington papers bring us the full text
of the opinion of Chief Justice Chase in the
Yerger case. It does nothing more than affirm
the jurisdiction of the Supreme Court to issue
the writ prayed for-that of habeas corpus.
When Yerger shall be brought before the court
in obedience to this writ, the case will come
up on its merits; and then the Reconstruction
acts may be pronounced unconstitutional-and
then, again, they may no< be. There ls abso?
lutely nothing Jn the opinion whiqh either
touches those acts or by implication even re?
fers to them. Before the case thus comes up
on its merits, Congress may oust tho Court of |
Its jurisdiction, and leave Ur. Yerger in the
hands ol his military murderers. The opinion
reads as follows:
Supreme Court of the Unite? States, December
Term, 1868-No. IT (Original.)-In Ole matter of
Kovcara M. Yerger, petition for habeas corpus
and certiorari.-Opinion of the Court by Chief
STATEMENT OF THE CASE.
Upon tbe prayer or the petitioner, addressed to
the Circuit Court of the United States for the
Southern District of Mississippi, a writ of habeas
corpus was directed to certain military orncers
holding the petitioner in custody, commanding
them to produce his body and abide the Order of
In obedience to this writ thc petitioner was
brought into court by MaJor-G.-nerul R. S. Gran?
ger, who made his return, in due form, certifying
the cause of detention to be that the petitioner
had been arrested, and was held for trial, upon a
charge of murder by a military commission under
the act of Congress of the 2a ot March, 1807, to
provide for the more efficient government of the
?Upon this return the petitioner was ordered
into custody of the marshal, and the court pro?
ceeded to hear argument. It was admitted that
the petitioner was a private citizen of the State
of Mississippi; that he was being tried by the
raditary commission without a jury and without
presentment or indictment by a grand jury: and
that be was not and never had been connected
with the army or navy of the United states, or
with the militia in active service In time of war or
Upon this case the Circuit Court adjudged that
the imprisonment of the petitioner was lawful,
and passed an order that the writ of habeas cor?
pus be dismissed, and that the prisoner bc re?
manded to the custody of the military officer by
whom he had been brought into court, to be held
and detained for the purposes and to answer to
the charge set forth in the return.
To obtain the reversal of this order and relief
from imprisonment, the petitioner now asks for a
writ of certiorari to bring here for review thc pro?
ceedings of the Circuit Court, and for a writ of
habeas corpus to be issued, under the authority of
this court, to the officer to whose custody he was
ITS I UI'O KT ANCE.
Upon the suggestion of the Attorney-General,
made In view of thc Importance of the questions
which wUl probably arise if the case ls brought
to hearing, we have beard preliminary argument
upon the Jurisdiction of the Court to issue the
writ prayed for, and have carefully considered the
reasonings which have been addressed to us.
This argument, by the dlrecUon of thc Court,
was confined to the single point of jurisdiction,
and I am now to state the conclusions to which
we have come.
TBS QUESTION OF JURISDICTION.
The general question of Jurisdiction in this case
resolves itself necessarily into two narrower ques?
1. Has the Court jurisdiction, in a case like the
present, to inquire into the cause of detention
alleged to be unlawful, and to give relief. If the
detention be found to be In fact unlawful, by the ]
writ of habeas corpus, under the judiciary act of
2. If, under that act, the Caurt possessed the
jurisdiction, has lt been taken away by the second
section of the act of March 27, 1868, (15 U. a
Statutes, 44,) repealing BO much of the act of Feb?
ruary 6, 1867, (14 U. & Statutes, 85.) as authorizes
appeals from Circuit Dourta to the Supreme
Neither of these questions is nov here. The
first has, on several occasions, received very full
consideration and very deliberate judgment.
A cause so important as that which now In?
vokes the action of tho Court seems, however, to
justify a reconsideration of the grounds upon
which Its jurisdiction has been bitherte main
The great writ of habeas corpus bas been for
centuries esteemed the best and only sufficient
defence of personal freedom.
In England, after a long struggle, lt was firmly
guaranteed by the famous habeas corpus act of I
May 20, 1679, fr British Statutes at Large, 3 Hal-,
lam Constitutional History, 19,) "for the better
securing of the liberty or the subject," which, as
Blackstone says, "ls frequently considered as
another magna Charta." (8 Blackstone's Com?
It was brought to America by the colonists, and
claimed as among the Immemorial rights des?
cended to them from their ancestors.
Naturally, therefore, when the Confederated
Colonies became the United States, and the form?
ation of a common government engaged their de?
liberations in convention, this great writ found
permanent sanction ia the Constitution. That
sanction ls In these words:
"The privilege of the writ of habeas corpus
shah not be suspended unless when, In cases of j
rebellion or Invasion, the public safety may re?
The terms of this provision necessarily imply
Judicial action. In England all thc higher courts
were open to applicants for the writ, and lt ls
hardly supposable that under the new govern?
ment, founded on more- liberal Ideas and princi?
ples, any court would be, intentionally, closed to
We find, accordingly, that thc First Congress
under the Constitution, after defining by various
sections of the act of September 24,1789, the Ju?
risdiction of the District Courts, the Circuit
Courts, and the Supreme Court in other cases,
proceeded, in the 14th section, to enact, "That all
the before mentioned courts of the United States
shall have power to Issue writs of soire facias,
habeas corpus, and all other writs not specially
provided by statute which may be necessary
for the exercise of their respective Jurisdictions
and agreeable to the principles and usages of
law." (1 U.S. Statutes,81.) In the same section
it was further provided, "That cither of the Jus?
tices of the Supreme Court, as well as the judges
of thc District Court, shall have power to grant
writs of habeas corpus for the purpose of au in?
quiry into the cause of commitment, provided
that writs of habeas corpus shall in no case ex?
tend to prisoners in jail, unless they are lu custo?
dy under or by color of the authority of the Unit?
ed States, or are committed for trial before some
court of the same, or are necessary to be brought
into court to testify."
That this Court is one of the courts to which thc
power to issue writs of habeas corpus is expr?s*
ly given by the terms of this sectiou, has never
been questioned. It would have been, Indeed, a
remarkable anomaly if this Court, ordained l>v
the Constitution for the exercise, n> the United
States, of the most important powers, in civil
cases, or all the highest courts of England, had
been denied, under a Constitution which abso?
lutely prohibits the suspension of the writ, ex?
cept underextraordinary exigencies, that power
in cases or alleged unlawful restraint which the
habeas co>-pus act or Charles II expressly declar?
ed those courts to possess.
APPELLATE AND ORIGINAL JCIIISPICTION.
But the power vested In this Court is, in art im?
portant particular, unlike that possessed bv the
English courts. The Jurisdiction or this court, ls
conferred by the Constitution, and is appellate;
whereas that of the English courts, though de?
clared and denned by statute, is derived from the
common law, and is original.
The judicial power of the United States extends
to all cases in law and equity arising under thc
Constitution, thc laws of the United states, aud
treaties made under their authority, and to large
classes of cases determined by the character of
the parties or the nature of thc controversy.
That part or this judicial power vested in this
Court ls demied by thc Constitution kln these
"In all coses affecting ambassadors, other pub?
lic ministers, and consuls, and those in which a
State shall be a party, the Supreme Court shall
have original jurisdiction. In all the other cases
before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact,
with such exceptions and under such regulations
as the Congress shan make."
ir the question were a new one lt would, per?
haps, deserve inquiry whether Congress might
not, under the power to make exceptions rrom
this appellate Jurisdiction, extend the original
jurisdiction to other cases than those expressly
enumerated m the Constitution, and especially In
view of the constitutional guarantee of the
writ of habeas corpus to cases arising upon peU
tlon for that writ.
But in the ease of Marbury vs. Madison (1 Cr.,
187J lt was determined, upon full consideration,
that the power to issue writs of mamiamu.
to this conrt by the thirteenth section
judiciary act ls, nuder the Constitution,
pellate jurisdiction, to bc exercised only
revision o? judicial decisions. And thb
ment has ever since been accepted as flxl
construction of this part of the constitutioi
It was pronounced- In 1803. In 180T th?
construction was given to the provision
fourteenth section relating to the writ of ;
corpus, in thc case*of Honman and Swan
(4 Cr., loo.)
The power to Issue the writ had been pre\
exercised in Hamilton's case, 1795, (3 Cr
and in Tjurford's case, 1806, In neither or
cases does the distinction between appella
original jurisdiction appear to have; been ms
! In the case of Bellman and Swartwout,
ever, the point was brought distinctly befe
court, the nature of the Jurisdiction was ct
ly examined, and it was declared to be app
The question then determined has nettlina
drawn into controversy.
DOCTRINE OF THE CONSTITUTION.
The doctrine of the Constitution, aid <
cases thus far, may be Bummed vp m tues*
positions: , rf*
1. The original jurisdiction ot/nig court c
be extended bj* Congress to an*Mer caaes
those expressly de?ued by theT^Btltutlon.
2. The appellate Jurlsdictle%of >hla cour
rered by the Constitution e#t*Ms to all
oases within the judicial porMF, or the C
StltCS B r
3. Tais appellate jurisdictions subject tc
exceptions, and must beexeroaed under sn
gulatloDH as Congress, la thcKcerclsc bf it
cretion, has made or may seeafeto make.
4. Congress not only has St excepted
or habeas corpus and manaWius from th:
pellate jurisdiction, but has jfcpressly pro
for the exercise of this juristJKtion by mea
these writs. ' ,. fa
We come, then, to ?onBlder the first great
tion made in the case now before us.
We shall assume, upon the authority of tl
cisione referred to, what we should hold wei
question now for the first time presented 1
that in a proper case this court, under the i
1789, and under all thc subsequent acts, g
jurisdiction in cases of habeas corpus, mt
the exercise or Its appellate powers revise tl
cisione or inrerior courts of the United St
and relieve from unlawful Imprisonment anti
cd by them, except in cases within some ll:
tion of the Jurisdiction or Congress.
It remains to inn aire w nether t he case b
us is a proper one for such Interpretation,
within any such limitation ? In other words,
this court inquire Into the lawfulness or di
tion, and relieve from it, If found unlawful, t
the detention complained of ls not by clxl
thority under a commitment, made by an Int
court for trial in a civil court, but hy military
cers for trial before a military tribunal, arti
examination Into the cause of detention by
inrerior court resulting In an order reman
the prisoner to custody ?
It was insisted, la argument, that "to bril
case within the appellate Jurisdiction of
conrt In the sense requisite to enable it to ai
the writ of habeas corpus, under the Judie
act, lt is necessary that thc commitment sh
appear to have been by a tribunal whose <
slons are subject to revision by this court."
This proposition seems to assert not only
the decision to be revised upon habeas cot
must bave been made by a court of the Un
States subject to the ordinary appellate Jurti
tion of this court, but that having been mad
must have resulted in an order or commitmet
civil authority, subject to the control of the o
The first branch of this proposition has cert
ly some support lu Metzger's ease, (5 How., 1
In which it was held that an order of corni
ment made by a district Judge at chambers c
not be revised here by habeas corpus. This c
as was observed by Mr. Justice Nelson lu Kali
case, (14 How., 103.) stands alone; and lt i
admit of question whether it can bc entirely
conched with the proposition, which we reg
as established upon principio and authority, t
the appellate jurisdiction by habeas corpus
tends to all cases of commitment by the judi
authority of the United States not excepted fi
it by Congress.
But lt ls unnecessary to enter upon this lnryi
here. The action which we are asked to rei
was that of a tribunal whose decisions are s
ject to revision by this court la ordinary moe
We need consider, therefore, .only the sec
branch of the proposition, namely, that the act
of the iufcrlor court must have resulted lu a cc
mitment for trial In a civil -court, and the In:
ence drawn from lt that no relief can be had h
by habeas corpus from Imprisonment under rn
tary authority, to which the petitioner may hi
bean remanded by such a court.
This proposition, certainly, ls not supported
authority. In Kaine's case all the judges, ex?
one, asserted, directly or indirectly, the jurist
tion of this court to give relief In a case wh
the detention was by order of a United Sta
commissioner. The lawfulness of the detent:
had been examined by the Circuit Court for t
Southern District of New York upon a writ of 1
be os corpus, and the court had dismissed 1
writ and remanded the prisoner to custody,
this court relief was denied an the merits, but I
jurisdiction was denied by one Judge only. A
it is difficult to find any substantial ground up
which jurisdiction in that ?ase can be affirm
and denied in this.
' In Well's case, (18 Howard, 308,) the petition
was confined In the penitentiary, under a se
tence ot death, commuted by the President lntc
sentence of Imprisonment for life. He obtalnee
writ of habeas corpus from the Circuit Court
the District of Columbia; was brought before t
court, and waa remanded to custody. He th
sued out a writ or habe?s corpus from this cou:
and his casa was fully considered here. No c
jectlon to the jurisdiction seems to hav? bei
taken In argument, though there, as herc, lt w
evident that the actual imprisonment at the tin
of the petition for the writ was not under tl
direction of the court by whose order the prlso
er was remanded, but by a different and dlstlu
In this case of Wells, however, Mr. Justice Cu
tis again dissented, aud on the point of Jurladl
tion Mr. Justice Campbell concurred with hit
The other Judges, though ali, except one, were .
opinion that the relief asked munt be denlo
agreed In maintaining the jurisdiction of tl
coart. Judge Curtis, who regarded the queetlc
as left undetermined In Ramo's case, admltte
that tb? Jurisdiction was asserted In this, an
stated the ground of Judgment affirming Jurii
diction to be that, "aa the Circuit Court has ha
the prisoner before r. and has remanded hin
this court, by a writ of habeas corpus, may mi
amine that decision, and see whether it bc erre
Since this judgment waa pronounced the juris
diction in cases similar to that now before th
court has not hitherto been questioned.
THE AROUMBNT CONSIDERED.
We have carefully considered the argumen
against it, made in this case, and are satlstle
that the doctrine heretofore maintained ts sound
The great and leading latent or the Constltu
tion and the law must be kept constantly lu vlei
upon the examination of every question of cou
That intent, in respect to the writ of habea
corpun, ls manifest, lt ls, that every citizen ma'
be protected by judicial action from nnlawrul liri
prisonment. To this end, us has been shown, th?
act or 1789 provided that every court of the Unitet
States should have power to issue the writ. Th<
Jurisdiction thus given by law to the Circuit auci
District Courts ls original; that given by the Con
stitution and the law to this court is appellate.
Given in general terms, it must necessarily ex?
tend to all cases to which the judlcal power of the
United States extends, other than those expressly
Aa limited by thc act of 1789, lt did not extend
to cases of imprisonment arter conviction under
sentences of competent tribunals; nor to any
prisoners in jail unless In custody und?r or by
color of tho authority or tho United States; or
committed for trial before some court or thc
United States; or required to be brought into
cburt to testiry. But this limitation has been
gradually narrowed, and the benefits of the writ
have been extended, first, In 1833, (4 U. S. Stat?
tutes, 031.) to prisoners confined under any au?
thority, whether State or National, ror any act
done or omitted in pursuance or a law of the
United States, or of any order, process, or decree
of any judge or court ?r the United States; then,
in 1S42, (5 U. S. Statutes, 539,) to prisoners being
subjects or citizens or foreign States in custody
under National or State authority for acts done or
omitted by or under color or foreign authority,
and alleged to be valid under the law or nations;
and finally, iu iso7, (14 U. s. statutes, 385,) to all
cases where any person may lie restrained of lib?
erty lu violation ol' the Constitution or or any
treaty or law or the United States.
This brief .statement shows how the general
spirit, and genius or our institutions has tended to
thc widening and enlarging of the habeas corpus
jurisdiction or the courts and judges or Hie United
States; and this tendency, except in one recent
instance, has been constant and uniform; aud lt
is in the light or it that we must determine thc
true meaning ol thc Constitution and the law in
respect to the appellate jurisdiction or this court.
We aro not at liberty to except rroiu it any cases
nor plainly excepted by law, and wc think it
sufficiently appears from what bas been said that
no exception to this jurisdiction embraces such a
case as that now before thc court. On the ?on
trary, the case is one or those expressly declared
not to be excepted from the general grant of
jurisdiction, for it is a case or imprisonment al?
leged to be unlawful, and to be under color of
authority of the United States.
lt seems to be a necessary consequence that
If the appellate jurisdiction by habeas corpus ex
tends to any case, it extends to this. It ls un?
important In what custody the prisoner may be.
ir it ls a custody to which he has been remanded
by the order or an inferior court or tho United
It ls proper to add that we are not aware of
anything lu any act of Congress, except the act
of 1868, which indicates any intention to with?
hold appellate Jurisdiction la habeas corpus cases
from this court, or to abridge the jurisdiction
derived from the Constitution, and defined by
th? act of 1789. We agree that Congress may
withhold or abridge it, for lt is given subject to
exception and regulation, By Congress, but it is
too plain for argument that the denial to this
court of appellate jurisdiction In this class of
cases must greatly weaken the efficiency of the
writ, deprive the citizen In many cases of its
benefits, and seriously binder the establishment
of that uniformity in decisions upon questions of
personal rights which can only be attained
through appellate Jurisdiction exercised upon de?
cisions of courts or origma! Jurisdiction. In the
particular class of cases of which that before the
coilrt ls an example, where the custody to which
the prisoner is remanded is that of some authori?
ty other than that of the remanding court, it is
evident that the Imprisoned citizen, however un?
lawful his imprisonment may be in fact, ls
wholly without remedy unless lt be found m the
appellate jurisdiction of this court.
These considerations forbid any' constructions
giving to doubtful words the effect of withhold?
ing or abridging this jurisdiction. They would
strongly persuade against the denial of the juris?
diction even were thc reasons for offering it less
cogent than they are.
We are obliged to hold, therefore, that in all
cases where a Circuit Court of the United States
has, in the exercise of its original Jurisdiction,
caused a prisoner to be brought before lt, and
has; after Inquiring into the cause of detention,
remanded him to the custody from which he was
taken, this court, in the exercise of its appellate
Jurisdiction may, by the writ of habeas corpus,
aided by the writ of certiorari, revise the decis?
ion of the Circnit Court, and if lt be found unwar?
ranted by law, relieve the prisoner from the un?
lawful restraint to which he has been remanded.
THE ACT OP 1868. I
Thia conclusion brings us to thc Inquiry wheth?
er the second section of the act of March 27, 1868,
takes aw?y or affects the appellate jurisdiction of
thin court under the Constitution and the acts of
Congress prior to 1867.
We have already expressed in the McCardle
case an opinion that i: does. But the point was
not carefully considered, and we have re-examin?
ed lt. (7 Wall, 616.)
The circumstances under which the act of 1868
was passed were peculiar.
THE M'CARDXE CASK.
On the 5th of February, 1807, Congress passed
an act; to which reference has already been made,
extending the original jurisdiction by habeas
corpus of the district and circuit courts, and of
thc several Judges of these courts, to all cases of
restraint of liberty in violation of the Constitu?
tion, treaties, or Taws of the United States. TrVis
act authorized appeals to this court from Judg?
ments of the Circuit Court, but did not repeal any
previous act conferring Jurisdiction by habeas
corpus, unless by implication. Under this act
one McCardle, alleging unlawful restraint by
military force, petitioned the Circuit Court for tte
Southern District of Mississippi for the writ of
habeas corpus. The writ was Issued and a re?
turn was made. And. upon hearing, the court
decided that the restraint was lawful, and re?
manded him to custody. McCardle prayed an
appeal, under thc act, to this court, which was
allowed and perfected. A motion to dismiss the
appeal was made here and denied. The case was
then argued at the har, and, the argument h av- i
lng been concluded, on the 9th or March, 1869,
was taken under advisement by the court. While
the cause was thus held, and before the court had
time to consider the decision proper to be made,
the repealing act under consideration was intro?
duced into Congress. The act was carried
through both House?, sent to the President, re?
turned with his objections, repassed by the con?
stitutional majority in each Douse, and became a
law on the 27th of March, within eighteen days
after thc conclusion of thc argument.
The effect of the act was to oust the court of (ts
Jurisdiction of the particular case then before lt
on appeal, and it ls not to be doubted that such
was thc effect intended. Xor will it be questioned
that legislation of this character ls unusual and
hardly to be Justified, except upon some Imperious
It was doubtless withia the constitutional dis?
cretion of Congress to determine whether such an
exigency existed; but it ls not to be presumed that
an act passed under - such circumstances was in?
tended to have any further effect than that plainly
apparent from its terms.
It ls quite clear that the words of the act reach
not only all appeals pending, but all future ap?
peals to tills court under the act of 1867; but they
appear to be limited to appeals taken under that
The words of thc repealing section are, "That
so much of the act approved February 6, 1867, as
autlwrlzes an appeal from the judgment of the
Circuit Court (o the Sipreme Court of the United
States, or the exercise of any snch jurisdiction by
said Supreme Court on appeals which have been
or may be hereafter taken, be, and the same ls
These words are not of doubtful Interpretation.
They repeal only so much of the act of 1867 as au?
thorized appeals or the exercise of appel late Ju?
risdiction by this court. They affected only ap?
peals and appellate Jurisdiction authorized by
that act. They do not purport to touch the ap?
late Jurisdiction conferred by the Constitution by
excepting from lt any cases not excepted by the
act of 1780. They reach no act except thc act of
lt bas been suggested, however, thc act of 1780,
so far as lt provided for the issuing of writs or
habeas corpus by this court was air?adv repealed
by the act of 1867. We have already observed
that there are no repealing words la that act. If
lt repealed the act of 178D, it did so by implica?
tion; and any Implication which would give to it
this effect upon the act of 1789, would give lt the
?ame effect upon the acte of 1833 and 1842. If one
was repealed all were repealed.
Repeals by implication are not favored. They
are seldom admitted except on the ground of re?
pugnancy ; and never, we think, when the former
act can stand together with the new act. Ko
doubt the exercise of appellate Jurisdiction under
the act of 1789 was less convenient than under tho
act of 1867: but the provision of a new and more
convenient mode of Its exorcise does not neces?
sarily take away tke old: and that this effect waa
not Intended ls indicated by the fact that the au?
thority conferred by the new act is expressly
declared to be "In addition" to the authority con?
ferred by the former acts. Addition ls not sub?
The appeal given by this act of 1867, extended,
indeed, tee cases within the former acts; and the
act, by its grant of additional authority, so en?
larged thc Jurisdiction by habeas corpus that lt
seemed, as was observed in tke McCardle case,
"Impossible to widen lt," Bat this effect does
not take from the act Its character of an addition?
al grant of Jurisdiction, and make lt operate as a
repeal of Jurisdiction heretofore allowed.
Onr conclusion is that none of the acts prior
to 1867, authorizing this court to exercise appel?
late Jurisdiction by means of the writ of habeas
corpus, were repealed by the act of that year, and
that the repealing section of the act of 1868 ts
limited In terms, and must be limited In effect, to
the appellate jurisdiction authorized by the act
We could come to no other conclusion without
holding that Hie whole appellate Jurisdiction of
this court, in cases of habeas corpus, conferred
by the Constitution, recognized by law, and exer?
cised from the foundation of the government
hitherto, has been tuken away, without thc
expression of such intent, and by mere impli?
cation through the operation of the acts of 1867
The suggestion made at thc bar that the provis?
ion of the act or 1789, relating to the Jurisdiction
of the court by habeas corpus, if repealed by the
effect of the act of 1867, was revised by the repeal
of the repealing act has not escaped our considera?
tion. Wc are inclined to think that snch would
be the effect of 1868; but having come to the con?
clusion that the act of 1789 was not repealed by
the act of 1867, it Ls not necessary to express au
opinion on that point.
The argument having been confined, by direc?
tion of the court, to the question of Jurisdiction,
this opinion is limited to that question. The juris?
diction of the court to issue the writ prayed for ls
JUSTICE MILLER DISSENTS.
Associate Justice Swayne was understood to
remark 'hut hu had been requested to say for As?
sociate Justice Miller, who was absent, that the
latter dissented from the opinion.
-An advertisement in thc London Tele?
graph announces "partial board in a house
kept by a lady and her daughter. Busses and
-Not long ago a foundling in Philadelphia
was sent to the hospital, which leads a phil?
osophical reporter to remark that "babies are
like tooth brushes-every one wants his own.''
-Two persons are at law about the custody
of the key of a Sunday school library iu In?
diana. Thc costs have already reached the
value ol' three hundred and thirty-three keys.
-The latest from Englaud is that a subscrip?
tion is being taken to erect a monument to
Adam, the father of mankind, to be located on
the supposed site of the Carden of Eden, iu
-A Chinaman in California thinks tiiat when
one man is hit by another and the assailant is
fined twenty dollars, the money ought to go to
the hit man Instead of the government. This
ls the way they do things in China.
-The boot-blacks of San Francisco claim a
place among thc trades. They have nice rooms
and do a good business. Two different shops
claim the United States championship of the
noble art of boot-blacking, and both proprie?
tors wear belts with u- champion of the
United States," engraved thereon.
ALL ABOUT THE STATE.
The, Spartanburg Spartan says: "One day
last week, at a sale at Ur. Dillard Dobbin's,
Jeremiah Martin was shot in the arm by H. M.
Tamer. We are informed that the parties'
were engaged in friendly conversation, when
Turner drew bis pistol and fired.. There was
no immediate provocation, though there had
been a difficulty between them some years ago.
We understand that Turner says lt was an ac?
The Kingstree Star says: "We learn that Mr.
Bradshaw, while travelling on foot in the
neighborhood of Indlantown, fell in company
with a young negro boy scarcely grown, who,
while walking Just in the rear of. Mr. Brad?
shaw, struck nim a blow on the back; of the
head with a hoe which knocked him senseless.
The negro then rifled his pockets of all the
money he had and made his escape. This oc?
curred in day time on the public road."
The Herald says: "The extra term of the
Court of Common Pleas, which convened on
the 11th Instant, is continued to this, the third
week of ita session. In our judgment it gives
relief to the country, inasmuch as the Jury
have unanimously agreed that in all ante-war
cases. Judgments shall only be given for one
half of the principal and interest to the 1st of I
January, 1861, against the principal, and one
half of that sum against the sureties. And on
the most of the debts contracted during the
war, the same rule is applied, except In ex?
treme cases, where the true value of the prop?
erty is looked Into, and a verdict given for
one-half of that sum, in cases of personal
property, and for thc whole amount where the
contract was made for real estate. Contracts
made during the war for substitutes, and aU
contracts for purchase of slaves, under the
ruling of his Honor Judge Orr, are thrown out
of court, or held to be unconstitutional, and
cannot be collected. About four hundred liti?
gated cases have been disposed of on the issue
Hold on to Cotton. '
The Spartanburg Spartan advises its readers
to ?old on to their cotton. It says : " The
mercantile interest may suffer for a short time,
biit the general adoption of this policy will,
in the end, prove advantageous to all. 1 The
merchant will receive the benefit of whatever
advance there may be upon the present price,
and he ought to be willing to walt. It is said
that twenty-two cents ls a good price for cot?
ton, and farmers ought to.be willing to take it
in preference to risking a further decline; but
we do not think this ls a fair price this year.
There is but little over a half crop made In the
cotton States, and In Sooth Carolina not so
much as that. So that tweuty-two cents is only
about eleven cents for a full crop. Reduce
eleven cents to gold and the farmer realizes
but eight and a half cents in gold for his cot?
ton, which was not a remunerative price be?
fore the war, when labor was much cheaper
and more productive than it Is' now. We are
uow more thoroughly convinced than ever
that the decline in the price is the result of a
cruel combination among speculators and cap?
italists. The farmers of tills district are gen?
erally able to hold their cotton for some time
yet, and we hope they wiU do It*"
The Marder ai Dora's Hines.
The Edgefleld Advertiser gives the following
account ol the recent murder at Dom's Mines : '
"On Saturday night, October 9th, a brutal
murder was committed at one of the quarters
connected with Dom's Steam Mills, near Rocky
Pond, In tbls county. An inquest was held by
0. H. Hart, Esq., magistrate, and acting
coroner, and a verdict rendered by the jury,
"Stabbed with knives in the hands of some
person or persons unknown."
'.'It appears that Dr. Ghealein, who-hadthe
lease ol the mill, had paid off his hands on
Thursday, October 7th, and retired from the
business, deeming lt unprofitable, for various
reasons. Wm. Dom, Esq., owner of the mill,
requested a neighbor, Geo. D. Tillman, Esq.,
to employ some persons to take charge of the
property until he could make some disposition
of lt Mr. Tillman employed John Landon,
(one ot the old' employees,) who with his wife
Louisa Landon, were left on Saturday night ia I
charge of the property. During the night they
were, both attacked in their own quarters and
brutally stabbed to death. El /ht shots were
fired into and through the house, supposed to
.be from Winchester rifles-the calibre being
"It ls known that Landon had some proper
S\ and something like $80 or $90 in money,
o clue has yet been found to the murderers.
It ls presumed that whoever committed the
act were In possession of the fact that the de- ?
ceased had money, and were alone. \
"The Coroner turned the property Into the
hands of a friend of Landon's, who has since
taken out letters of administration.
"The old couple were good livers and were
universally respected by the people of the
neighborhood, white and colored. The only
theory that can at present be formed ls, that
the murderers killed the old man, and after
compelling the woman to \ show where the
money was, murdered her to prevent recogni?
tion or discovery. It ls certain that they at?
tempted to burn the house, as a piece of bum?
ing wood had been thrown upon the pallet on
the floor, and become extinguished. The
scene of the occurrence ls over a mlle from
any house, and the entire matter seems en?
veloped In mystery. We hope that efforts will
be made by the people in the vicinity, as well
as elsewhere, to ferret out this matter, and
have the heartless villains brought to justice."
Shreds of State News.
Governor Scott has appointed Wurdale G. Mc?
Allister, commissioner of deeds for the State of |
South Carolina in New York. J. S. 8teward
has been appointed notary public for Fairfield
County. George A. Richmond, notary pub?
lic of Charleston County, has been removed.
Darlington has a steam grist mill.
^-THE RELATIVES, FRIENDS AND
acquaintances o? Mrs. LAURE.VI A BEADON and
of Mr. and Mrs. Robert Fields, and Mr. and Mrs.
John S. Ancrum, are respectfully Invited to at?
tend thc Funeral of the former, at the Morris
street liaptlst Church, THIS AFTERNOON, at half
past 2 o'clock. oct29 *
DESAUSSURE-MOISE.-In New Orleans. Octo?
ber 2a, 1H69, JOHN M. DESAIISSURB, Jr., of Cam?
den, South Carolina, to Miss L. ALICE MOISE,
daughter of the late A. Moise, Jr.,' of Charleston,
NOTICE. -NATIONAL FREED?
MAN'S SAYINGS AND TRUST COMPANY,
CHARLESTON BBANCH, No. 74 BROAD STREET.
Money deposited on or before November 15th
will draw interest from November 1st.
oct2817 NATHAN RITTER, Cashier.
^TIIE SECRET OF BEAUTY LIES
In the use of HAGAN'S MAGNOLIA BALM for tho
Roughness, redness, blotches, freckles, sun?
burn and tan disappear where lt ls applied, and a
beautiful complexion of pure, satin-like texture is
obtained. The plainest features are made to glow
Witta healthful bloom and youthful beauty.
Remember Hagan's Magnolia Film is the thing
that produces these effects, and an., lady can se?
cure it for 75 cents at any of our s:on;s.
To preserve and dress thc hair use Lyon's Ka
N 0 T I C E.-THREE MONTHS
after date application will be made to the Bank of
Charleston for renewal of the following CERTIFI?
CATES, for forty-flve whole and forty-four half j
Shares of the capital stock of said Bank, standing
in the name of Dr. ALFRED RAOUL, the original
Scrip having been destroyed by fire:
No. 6910 for 2 Shares.
No. 6919 for 4 Shares.
No. 7078 for 26 Shares. .
No 7006 for 12 Shares. t
No. 7221 for 1 Share,
And No. 4027 for forty-four half Shares.
?&~ OFFICE COMMISSIONERS PILOT?
AGE, CHARLESTON, OCTOBER 27, 1889.-Notict
bi hereby given to shipmasters, owners and
others interested, that BENJAMIN 8. ALDERT is
this day reinstated as a State Pilot, for the Bar
and Harbor or Charleston.
By consent of the Board.
G. B. STODDARD,
^-CONSIGNEES PEE STEAMSHIP
CHARLESTON are notified that she is dischargtos;.
cargo THIS DAT at Adge?'s Wharf. Goods uncall?
ed for at sunset, will remain on wharf at owners'
risk. JAMES ADHER A CO., Agents.
pa- CONSIGNEES' NOTICE - MER
C HANTS' LINE.-The Schooner MYRO VEE will
discharge cargo THIS DAT, at Adger's North
Wharf. Goods not called for before sunset wlfl
be stored at risk and expense of Consignees. Nc
claims allowed after goods are removed from th*
OCt29 1 WILLIAM ROACH A 00.
CONSIGNEES PEE BB IT I SH
steamship DARIEL are hereby notified that said
steamship has been THIS DAT entered under the
Five Day Act. ' All goods not Permitted at the
expiration of that time wiB be sent to the Govern?
ment Stores. ROBT.MURE A CO.,
oct28 , Agents. '
TO THE FLOUR MERCHANTS
AND ALL INTERESTED.-OmtB LNSPECTOB'OP
PLO un, No. 68 EAST BAT, CHARLESTON, October
16.-Orders for Inspection of Flour wu. be re
ceived at this office from thia date, and be
promptly attended to.
C. N. AVERILL,
octie \ Inspector b? Flour.
pa* CHARLESTON COUNTY-IN
EQUITY .-LAWRENCE W. O'HEAR and
CHARLES M. DESEL, and bis wife, vs. ANNA
F. O'HEAR, Adm'x., and ANNA H. O'HEAR,
Ex'x., et aL-Notice to Creditors.-In p orman ce
sf an order m the above cause, to me directed
Dy the Hon. R. B. CARPENTER, Circuit Judge, I
Hereby give notice to an creditors of the late.
JAMES O'HEAR to present and prove their claims
before me, on or before the PIBST DAT CF OCTO?
BER NEXT. M. L. WILKINS,
' Special Referee, No. 54 Broad street.
July 23 le2w
p? OFFICE SAVANNAH AND
CHARLESTON RAILROAD COMPANY, CHARLES?
TON, OCTOBER 12, 1869.-This company la now
prepared to FUND THE INTEREST DUE on tor
bonds of the CHARLESTON AND SAVANNAH
RAILROAD COMPANY, endorsed by the State of
Sooth Carolina, according to the provisions of
Section Third (3d) of an Act to enable the
Savannah and Charleston Railroad Company., to
complete their Read.
The Treasurer of the Company will be found
at the office of Messrs. CAMPBELL A SEABROOK,
No. 60 Broad street, on THURSDAY of each week;
between the hours of t AIL and 2 P.M. On
other days at the office of the Company, foot of
MRI street. - & W. FISHER,
octia wita_Secretary and Treasurer. '
^THB GREAT SOUTHERN REMEDY.
JACOB'S CHOLERA, DYSENTERY AND DIAB
RHtEA CORDIAL.-This article, so well known
and highly prized throughout the Southern States
as a Sovereign Remedy for the above diseases, is
now offered to the whole country.
It ls invaluable to every lady, both married and'
No family can afford to be without it, and nant
win to whom tts virtues are known.
For sale by all Druggists and general dealers.
DO WIE k MOISE,
ostll 3mosDAC _General Agents.
pt- MANHOOD.-A MEDICAL ESSAY
on the Cause and Cure of Premature Decline ia
Man, the treatment of Nervous and Physical De?
bility, Ac . * .
"There la no member of society by whom toto
book will not be found useful, whether such per?
son holds the relation of Parent Preceptor er
Clergyman."-Medical Times and Gazette.
Sent by mall on receipt of fifi y cents. Address
the Author, Dr. E. DiF. CURTIS, Washington,
pa-TEE FALL AND ITS DANGERS.
Animal as weU as vegetable life ls powerfully af?
fected; by the great atmospheric change that
takes place in tho fall But for the, flowers, tba
foliage and the herbs of the field there ls no help.
Their tune bas come and die they must. It la
otherwise with man. For him the means of rein?
vigoration have been provided by skill and
science. To recruit his exhausted energies ant
fortify himself against the disorders generated
by the sudden depression of temperature and toe
unwholsome exhalations of autumn, let him tuna
his nervous system, Invigorate his digestion and
give edge to his .appetite with HOSTETTEB'8
STOMACH BITTERS. He may then face the mor?
bid influences of the season fearlessly. The chin?
ing night dews and heavy morning mists will
have no power to make him shiver and burn, to
affect his Uver, to disorder his stomach or his
bowels, to rack his Joints with rheumatism, or to
render any latent element of disease in his sys?
tem active and dangerous. To the sufferer front
general debility, whether constitutional or aris?
ing from other causes, this potent vegetpolesps.
elfie is earnestly recommended. And let lt he re?
membered that physical weakness opens.the dace >.
to all maladies. Vigor is tho chief defence of th?
human structure against all causes of disease, and
HOSTETTER'S BITTEBS may be truly pronounc?
ed the safest and surest of ah In vigoran ts. It lg
the most genial of all vegetable tonics, and its
admirably adapted to the wants and weaknesses
of the more delicate sex, as well as to the ail?
ments ofman._OCt25 6DSC
pa- A CARD.-A CLERGYMAN,
while residing m South America as a Missionary,
discovered a safe and simple remedy for the cure
of Nervous Weakness, Early Decay, Disease of
the Urinary and Seminal Organs and the whole .
train of disorders brought on by baneful and
vicious habits. . Great numbers have been cured
by this noble remedy. Prompted by a desire ts
benefit the afflicted and unfortunate, I will send
the recipe for preparing and using this medicine,
In a sealed envelope, to any one who needs it,
free of ?barge. Address
JOSEPH T. INMAN, *
Station D, Bible House,
oct4 3mos?_ NewTork City.
pa- WORDS OF CHEER -0 N'T HE.
Errors of Youth and the Follies of Age, in reis-.
tion to Marriage and Social Evils, with a helping
hand for the orring and unfortunate. Sent la
sealed letter envelopes, free or charge. Address
HOWARD ASSOCIATION, Box P., PhuUtdelphlS,
Pa. sept2S 3m os
pa- BATCIIELOR'S HAIR DYE.-THIS
splendid Hair Dye is the best In the world; tba
only true and perfect Dye; harmless, reliable, m
stantaneous; no disappointment; no ridiculous
tints; remedies the ill effects of bad dyes; In?
vigorates and leaves the hair soft and beautiful
black or brown. Sold by all Druggists and Per?
fumers; and properly applied at Batchelor's Wig
Factory, No. j- Bond street, New York,
PHILOSOPHY OF MARRIAGE.-A
NEW COURSE OF LECTURES, as delivered at the
New York Museum or Anatomy, embracing the
subjects: How to Live and What to Live f*r;
Youth, Maturity and Old Age; Manhood genertl j
Reviewed; the Cause of Indigestion; Flatulence
and Nervosa Diseases accounted for; Marriage
Philosophically Considered, Ac. These Lectures
will be forwarded on receipt of four stamps, by
addressing: SECRETARY BALT1M0RB MUSSUM
OF ANATOMY, No. 74 West Baltimore street, Bal*
Mm ore, Md. ?prW mwtTjf