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YOL. JX. i NEW SERIES.
COLUMBUS, OHIO, TUESDAY MORNING, MAHCH 31, 1863.
' ' ... . i
h i . .w ll ' n ll 'ii
aaw.na i v wi aaw i m m as .aw- -wa m v a - it a m
DAILY. TKI-WEIXLYASD WEEKLY
,f- : - !
; MANYPENNY & MILLER,
'wllllllfXI AID PHOFBIITOXI.
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rut at Advertising by ttae Hqaare.
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AdverUsemenf leaded and placed In th. eotumaof
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Me the Weekly alon.. When 'he Pally and Weekly
re both oaed, iben the oharg. lor th. Weekly will be
If the rate, of th. Dally
-' Ho ailTertleenwnt taken except for a definite period.
V, R, GLAZIER, Agent
' " I.
No. 134 8nib Fourth Mreei,
; . : . Opporlte the Ilarkat noma. .
Iam now prepared to recelre on Commliilon all
kind, of property.
Old and new Varnltur. BOUOHT AND SOLD.
fanloalar attention glren to th. tale of Horaei and
Wafon. and Oarrlagea, and Homehold and Kitchen
rarnltnr. . .
Hale, in the ooantry promptly attended to.
W. R. KENT,
' A DCTIONEElt.
. -A-ULOtion, Sctlofii
No; 102 9outh High Street
1ABI NOW I'KEPAIIKD TO Kecrlve
on OommleelOD erery deterlptlon of property, auch
ae Dry flood., Qrocerlee, Llquore, furniture, Oairiager.
I alao Intend to derote my attention to tale, of Be a.
state and P.nonal Property, at any point, within twen
ty mile, of th. Oity.
JTJ" Anetion Silee erery .Tenlng.
Oon(l(iimenta rerpectfnlly aollclted.
I hav lam room oyer my ile room, for itonvti
Kelton, BancroTl A Co., J. A T. 1. Miller
D. T. Woodbury A 0o Hlon. fc Lewie,
Ballet, Brother A Oo.. . j John Qeary A Bon
W. a. Eeetieani. Ulenn t Thrall.
LOTS FOR SALE.
OEVEN VERT IlFKIIt AIIIiK LOIS
KJ in Wm. A. Oill a Kaet Addition to the city or Oo
; Inmbnt. On. ef them on the comer of Broadway and
But Pobllo Lane, and .la In two Blocke of three Loti
ash, fronting North and aoath on Oak atreet, near tlie
aaat ana, on ta. meet elerated ground In the cliy.
From 20 to 60 Lots
In Wm. A. GIU'i Second North Addition to the etty of
voiamDae, on we aan eiaa or ninn ttreet, a tew roils
. North ol th. Depot. Thee. lot. bar. a rich, b.sck, al
- lnrial toll of SH or 3 feet, underlaid by 29 or mora feet
of gr.T.1. Located near the R. H. shop, and other
1 l.rg. mannfeeturlng (alabliehments, U. B. arsenal
ground., and In the North pait of th. city, render, the
Kvasnl a good opportunity for Mechanic., Laboilnn
en and others to secure, at a .mall cost, a homesiesd
near their business. At no time since the formation of
th. Oorarnment, has money been so abundant, or labor
. so well remunerated a th. present.
-NOW IS THE TIME TO BUY.
j i. . . Baal Istate hu not jet advanced In proportion to
for partlonlari, Inquire of
.;':.. WM. A. GILL,
No. 30 North High Bt., Columnar, 0,
Magic Time Observer,
Tke Pirfeetion of Meehanim I
Bmao a HcnTwa axn Oran Paci, o Lady', oa da
tlusui'. Watcb conaiNio, wira Pitirt natr Wian
Th Jfmo York IttutlrnUi Xtvt, Ih. leading picto
rial paper of th. United State, In It. Issne of Jan. 10,
! ag 147, voluntarily says : "W. hava been shown
a most pleasing novelty, of which th. Uunaaaa Bao..,
' w M" tr nle Importen. It la called the
Maoio Tin Oaaiavia and la a hunting and open face
watch combined. On. of th. prettiest, most conrenl
nt, and deoldedly the but and cheapest Timepiece for
general and reliable ate ever offend, it hu within it
and oonneeted with It. machinery, It own winding at
tachment, rendering a key entirely unnecessary. The
cut of this watch are composed of two metals, th. outer
of Boa 16 oarat gold and th. Inner one of solid silver.
It baa th. improved ruby action lever movement, and Is
warranted an accurate timepiece "
Price, superbly engraved, per case of hair dot en, 1 200.
Sample watches, la neat morocco boxes, for those pruno
atng to bny at Wholesale, 3S. It sent by mall the
pottage I 36 cent.;
addles BDBBASD BBOB., Ioli Impoktir.,
"- 65 di 65 Nassna oor. John Bts., New V.rk.
i " , o- Bajlit. -r j. a. THOnraon. a. i. imith
' , BAILiy, THOMPSON & CO.,
, )'.;' 'Ju')'.) 'y'i and
tint Dwauraln Cain, Domeitic 4c ForclKk
Exckanv,Vncnrrent Money, ato.
, Office 274 South High Street.
I . i A'.
r; i 1
JkC'Jj 0 1 Opened Sept. 16th, 1863.
. ..ri'i :; . . ,; '
1 .: Vl:..i
OppoiiU Capitol Building;, High Street,
. . V ; , Columbus, Ohio.
" J! 3yr Ready for the Reception of
.......it i- . - - -r . ;
't .'.:i ; '.' " :: "
WAL8TEIN FAILING, Porirrot.
. - Jul. I. OUIiBIRTBON, AattyTAirr. ,. , .
HON. MILTON SAYLER,
OF HAMILTON COUNTY,
Delivered in the Ohio House of Representatives,
January 29th and 30th, on the Right of Personal
Liberty—Mr. Dresel's Resolutions as
to Arbitrary Arrests being under consideration,
From tho releo of Cbarloa H. a in..
the complnle rontltntion of Eufrlisb liberty,
lakea away by tho Norman conqnont.' The
Rlory of this belongs to the poorjlo, however,
ua mu su ma kiuk. a. it ia written of him In
the ancient record, " lo trnth he wan a jolly
king, and had a squeeze of the hand for every
visitor and a jest for every ocoaulon," and vot
no. buiuu uuiir iiiuoiiriuua loatora. n itnmnn.
stratc very well how, in Eogland a woll aa In
Denmark, a man "can smile, and smile, and be
a villain." So f.tr as (ho second Charles him
self is oonoerned the wholo tendency and effort
of his reign was to undormino the liberties of
tne peopio, ana yoi in spite ol that tendency and
effort, the people wrested from him an ll anal a K.
lished for tbemsolves suiOolent powor to assert
and preserve their liberty whenever Invaded
by tho royal prerogative. Tho corner-atone of
ineir powor ana security was llio hahrai corput
act, by virtue of which, Lord Caro bcIl says,
"personal liberty has been more tfftjtuallv
ns iu juftiuu ,b uhh m any counlry
in tlio world;" a proud boaBt, sir, whirh Amer
ica has hitherto disputed with the mother land
U .. . 1. 1 U V. . I I '
uii. w ii luii iiuw, .u uur Biiniuo, sno niuot yield
inestrengin witn wmcn the liberties or the
English people had been fortified bv
cesBive struggles is well evinced in tho mem
orable oataBtrophe of tho next reln. For w lira
James Il.brothor ol the Into kinfj1, nltempted to
oudio ii io cuujri.i.1 uy uuuwning tuo repeal c(
the Aaoeii. eorBH act, which MaMulav lolln
" he hated as it was natural thnt u tyrnnt shonlil
naie me most stringent curb (hat ever lof-ts
anon iniposea on syrnnny," no Ibuml that
Tories su woll a Whigs wuro aRainat him
and that the great writ waa prized oot lots by
the one than by tho other. And nftcrward,
wncn no atiempica to exercise tho power of
uiiptniing loun mr. opirauon o law at applud to
particular inumianaui, ana imprieoucd the seven
Bishops because ihcy roluned toconrur in aoiH
S'sumcd power, the judges reaffirmed the tichf.i
ui iiiu bunji-uT, aim j-mran was driven from
tho ihrune ol bid aocr jtors. Nor were William
and Mary permitted to ascend the throne until
rariiament naa set form mat tbero was a?i orig
Initl contract betwcea king and people, which
Jameo bad broken, ond hud published a Dfdar.
ationoi Kignta, in wntch they affirmed: " That
tho preiended power of appending laws, and
the execution of laws, by recal anthorit with
out coiisent of Parliament, is illegal; that the
commission for creating the late Court of Com
mirsioners for ecclesiastical canses.and ail other
commissions and courts of tho liko nature, ara
illegal and pernicious; that elections of mem
ber ol Parliament ought to be free; and that
the freedom of speech or debates, or proceed
ings in Parliament, ought not to bo Impeiched
or questions in any court or place out ol I r
The Bill of Kiflhtu, the Toleration aot, ond
the Act of" Settlement, with its condition,
Blackstono tolls us, " have asserted our liber
ties in more clear and emptnttical terms; have
conuroieu nnu rxeinpuuca tne aooirluo of rc
siittnce, when the Executivo Maeidlruta n.
deavors to subvert the Conutitution; and have
maintained the tuprriority of the law above the
Kmg, by pronouncing his dispensing power to
The reign of Charles II. may bo givtMi aa the
period of tbo thorough and complete ro-estab-
iiMirr.cntoi tno civil and piiiiical iibertica. of
r.nginmi.Duune revolution or 1U88 is the hap
py era ol their full and explicit acknowledg
ment and definition. From thii day Ijith no
mnnarcn naa aareci attempt any scnuuB iulrac
lion upou them Amid all the commotions of
suliatquf nt years, amid puiy strifes, amid for-
t!i,;n wars, umid domistio Insurrection, ihcae
libcilicii have iiiood utiiiliaken, and their great
paintiiiuin, tne act oi nabea corput, his been
ktpt nil to within tho templo untouched by the
s.iiiiiloioiis hand ol king or quoin. To show
hiw securely these liberties were guarded, ai d
how Kir baynnd tho poacr of tho king was the
BiiRpenciKii ol tho writ of haheat corput, and
ii) wont . limited extent utily U might bo it:
tHrferrd with oven by act ol parliament, I
need but refer yon to the evetitsof 1745. Du
ring this yoar England was disturbed at once
by war abroad aod rebellion at home. While
tbo troops of George II were on tho continent
giving battle to tho French, Charts Edward,
the 1'ieteuder, asserted his right to the throne,
and ut the head of Sootiiuh cUna, led by chief
boating such great names as Clamonald, Mc
Donald, and Cameron of Lochiel, inarched lor
waid and crossed the English borders. With
a foreign war and a domestic insurrection ou
his hauds at unco, his best troops abroad, the
land full of hidden enemies, and the fears ol
the loyal people justly arouncd, now, If ever,
tbo monarch might be expected lo siretub his
authority. The habeat corput act was indeed
suspended, but by whom aod tj what extern)
'Tne Exicutiv Powia." sav. De Lolms. In hi.
mlrable essay on the Oonstitulinn of Sngland, did not
mm, in men, .iruicn ua own auinonty; the precau
tion was deliberated upon and taken by the representa
tives of the people; and thedetaintnc of Individuals. In
conieqnencc of the .uspenslon of the act, waa limited
to a certain fixed time. NotwtlueUndlng tho Jnat fears
of internal and hidden enemies, which the circumstances
of the time, might raiaa, the deviation from tua former
course of the law wa. carried no firiher tlian the .ingle
point w. have mentioned. Person detained by order
of th. Government were to be dealt with in the same
manner as those arrested at the suit of private indlvid-
ui, ui prococuiDge against uiem were to be carried on
no otherwise than in a public place; they weie lo be
tried by their peer., and have all the nnl lei
of derenee.allowed to them such ae calliog of witness
es, peremptory challenge of Juries." eto.
Twenty yeaia later (1765) Blackstono wrote
his auiehrated Commentaries on English Com
mon. Ltw. ho cl. nrly was tho doctiiue of the
pereouul liberty of the subject cst ibliahed at
this time that he thus relets lu it:
"lu a former pail ol thsuu Cumuiuiitarles
wo expatiated at largo on tne personal liberty
ol the subject Tills was shown to bu a batmal
inherent light, which could uot be surtendured
or fori cited uuless by the commieeiou of some
stoat and atrocious cruos. and which ouaht not
to be abridged in anycaie without the tptciul per-
mutton o law a doctrine coeval with the.
Qrst rudiment of ilia HngliBh Constitution and
banded down to us, Irotn our Saxon anew tore.
nutwithataudiug ail their strngglca with I he
Danes, ana tne violence ol the Normau con
quest; assorted afterward and confirmed by
the conqueror bimecll and his descendants;
auu tuougn som times a uiwo impaired by tbo
lerocity of the tirnes, and thr oooaaional des
potism of jealous or iiiiurnliiff prince, vet oa-
tablished on the firmest basis by the provisions
of JUayn tAarfa, and a long succession of
statutes enaoted under Edward ill. To assert
an absolute exemption from imprisonment In all
oases, is Inconsistent witn every idea of law
and political society; and In the cud wonld
destroy all civil liberty, by rendering lla nro
teotion Impossible; but the ofor ot the Enalith
lawcomiit in clearly defining the timet, the
cautet, and the extent, when, wherefore, and tt
what degree the impritonment of the lubjtct may
o. lauyui. mis it is wnicn induces tho abso
lute necessity of expressing upon every com
mitment the reason lor whiuh it la made; that
the court upon an hibeat corput may (xambe
into Its validity; and according to the otrcum-
tancia ol the case may discharge, admit to
oau, or remand the prisoner." (Vol. Ill, p.
133.) ...... "
Again, In BDeaklna of those nsrioda mhsn
the State may be In real danger and 11 may
consequently become necessary to abridge to
somo extent the llbortloa of the citizen by a
temporary aod limited suspension of the priv
ilege of Aatea corput, be says;
Bui the happlne. of our Constitution It, that It I.
not left to tli. executive powor to dctcamine when the
danger of the Btato Is so great a. to render this meas
ure expedient ; for It I the Parliament only, orleglstatlve
power, that, whenever it sees proper, can an It
crown, by suspending tb. hahta corput aot tor a short
and limited lime, to Imprison suspected peraone without
giving any reason lorsouotng. (Vol. A, p. 136.) .
To tho samo effect, sir, are tho unanimous
decisions of the English oourti since the revn.
intion of 1083, nor bad the dootrlne thai set
forth as to the personal liberty of the anhlnnt
ooen in any way controverted since mat period.
Tbla was the happy result of tho successive
struggles i nave brieiir ikotohed since the day
the Barons met King John at Runnvmade. Tho
rignt oi personal . uoeriy, in itself a natural
right mnerent in every man, for our English
miners was now asserted, established and de.
fined by law, and a speedy and effective remo
dy provided for Its Infringement. The des
potic idea of the dlvino right of kings bad
given way to the domocratio idoa of the divine
rignt or tne poopie; ana tne monarch, though
be held a soepter and wore a crown, was but
the executive officer of their will. King, Lords
and Commons had united in the passage of the
habeas corpus act of Charles II: thev mum
unite again, sir, before lis provisions oould be
Infringed upon in the least particular, or with
ro'ereuco to a single citizen, i'at the struggles
oi uvo ccu.uriui, me waste oi treasure, and
the fljw of blood bad accomplished for the Deo.
plo iiorj than that. Even tho united action of
King, Lords and (Jommons had its limits, which
wero won understood, wull established, and
soon reacneo. iho personal liberty of the
suhioct waa secure his house was bin enii
uuu uib rignts wero nigncr tnau Kingly power.
Tho time bad come, when in the proud words of
! . . . .. .
The poorest man In Ms cntlaire may bid dcfl.w tnaii
the forces ot tho crown. It mav be fiallt ! i ....
.1. .1.. ha aln.l M.H H ' ' ua '
.....v. .... ,nuw iniuuKM u; meatnrm may eu-
twi Inn ruin mD n,a, ktt 11 -. u T
V . 7. . .. . "I "iu i ngiann can
not enter it. All his uower darcn not irn thA.iiM.i.f.M
oi uuu rumen wnement.
Ia 1787, otir own Constitution wan fram.nl
The Arnet.can co!oninta bad left behind tbem
their homes and their native land, lint nn. ...
mr, mtii iiuin auu uunrtics unaor me laws of
is . I i Tva . ... .... w
r.iiKiauu idcho were tneir birthright and
their inhoritance, and these were tho campan
lcns of their exile. In more emphatic terms
than ever they gave expression to them In their
eirly forms of colonial government. They
are familiar with tbo right of personal liberty
and the more jealous of It, because in the past
thoy had fled from oppression. They are
familiar with the principle of habeat corput,
and engraft It in every bill of rights. And
when the tlmo came that the colnniaa .
separate from the mother country, and our Fed
eral Coistitution was finally framed. In an arti
cle demoted exolu-ivcly to the organiattion
powers and duties of Concrrss. and in . .tnJ
of that article, devoted to limitations or those
legislate powers, they inserted this clause:
Th. prlvileg. of th. writ of HaUa corpu, ,h,u not
hA fltlsitiAnrlsari. llnlotim mtli.M I - . r . . .
vaslon, the public safely may (require it. (Ait. I,.,
The second article of the Federal Cotistitu-
uiui in uuvoiea to tne organization, powers and
duties of tho executive department, aa the first
lo the orgaulxation, powers and duties of the
llKiniioiVD. si tUB liaoiera Ol lh I nnul Inl nn
had intended to oonA-r the nnwer nf .ha .i,...,.
sion of Aaoca corput, under any cireumntances,
upou .no .caiuem, m it not most manifest.
that they would have insorted this clause in
tne erenno article, and not in th w
among the limitations of the powers of the
Exectitivf, and not among the limitations of the
powersoi uoucreesr IMor can it hi. !!. Ir ,..
I) important a clause as this waa narolnaiii In.
serted. Tne right of thefluhiwt in tl,A h.n.
or aauia corpu waa as we have seen tho moet
imporiant poin. in controversy In the long
struggle of centuries betweon monarch and
people, botweon prerogative and popular liberty,
between arbitrary sovernmcnt and Iron inatit.,..
tionB. The protection of this writ and conse
quently of tho liberties of the peopio against
executive encroachment, must havo engaged In
an eminent degroo tho nttnntiou of tnen who
had juit rebelled agaimit the authority of their
old government and wnro now omoloyod in tho
formation ot new and, aa they supposed, freer
iiiauiuiiuus. oiuce James ll. bad beon driven
from the throne for executive uanrmitinn. nn
sovereign of England had protended to the
power oi suspending haheat corput in anv
eniergoncy or under any olrcnmstanees. It
win uenniieiy and universally understood that
Parliament alono possessed iht nnanr. Thn
question with the trainers of our Constitution,
.iici.-i.,rr, w, aw, , wnrioer tno rresidont will
ever attempt the exutciaa
that they never dreamed, but will the legisla-
ti.v u unr.unui , to wnicn aiono ibis power be
longs, abuse it. exercise? To nrd nvainat
such ubuso thoy write ihis cLiuso and virtually
say that whereas Congress alone possesses the
power of suspending the privilege of habeat
corput, yet even Congrom shall not exercise
this pawcr " unless when in oatira of rhllinn
or invasion the publlo safety may require it."
In the words of the venerable Chief Justice of
the United States:- "The introduction of those
woras is a sunning admonition to tho legisla
tive body ol tho dancer of auaDcndina- it. nrt
of the extreme caution thoy ehonld exeroiee
before thoy givo the Government of the United
States such power over the liborty ot a citizen."
In viow of which 1 do not hesitate to affirm
that tho President in suapending tho prlvllogo
ol the writ of habeas corpus throughout tho
emiro Northern and Western States, States in
which inore is neither "rebellion nor invasion."
wnero the courts are ooen. the k in intU
loico, and tne othoera ol tho law unimpeded lu
the discbarge of their duties, and where.
quently, the public safety" does not "rtqaire
it, has exetcieed a power to whlob Congross
itoclf la nut eutfllcd under onr Fcdiral Consti
tution. And yot, Mr. Speaker, this exorcise of doa
polio power finds its apaiocista hero: and mom-
bers ot this House, eminent for their legal
leatnli g, somo ol whose heads have grown
White in Ua pursuit, have thu aatanadimr nl.
Iroutery to ellitm tbal our revolutionary tamers
luicu.iunauj Kavo into tno nands of their chief
executive groater power In this respect than
that possessed by the sovereign of England.
i uuri-uiuie, Mr, mat an aasembly of nieu, in
hoe veins ran Saxon blood: wlu.an laiimra
had beheaded the first Charles aud driven the
second James from his throne, lor vioinilun ol
Manua Charta, and who had themselves lout
.iioue slully rebelled against Ueorgo HI, as
signing as a reason therefor, amoug others.
thnt be had stretched his prerogative betond
just limits, io that ho hid "nfftcted to reuder
tno military ludependeut of and superior to
the civil power;" in that he had "deprived tbem
in mauy case of the benefits of trial by jury;"
aud in other thiuga ot like nature, written In
tho Declaration ot Indepenuence, ia it credi
bio, sir, that such men. descended from anrh
inuicrs, and Having aohieved such cuds, should
now commit into the biuida ol one man, chosen
from among themselves, every guarantee of
MR90NAL libkaty which their tiitbera had gain
ed by the struggles ot a thousand years, and
lor a nigucr aud oieater assertion of which they
themselves bad jutt passed through the dark
trims oi toe revolution I . tsuoh pretended argn
mem irons such men eerve but to ahna. is
weakness of their cause, and bow even the
learned la the law, wheu in the advfaaov nl a
bad ease, will sometimes eoodoitoend to the bald
assertions and untenable positions of (he petti
Bat the framer of our Constitution did more
for the establishment and protection of the
personal liberty of the oltlien than ih m.
Insertion of this olauae reatrlminir lha nn...
ot Congress In. the suspension of the writ of
bftboas eoipns. Thai Constitution, sir, was
the work of men who breathed iha i. r f.a-
dotn.and who, in the cause of freedom,' had
"pledged their lives, their fortunes, end their
uureu nonor." . i ne great Uoq bad given suc
cess to their efforts, and now they were to form
an instrument that should perpetuate this free
dom to the latest generations of men. The
uBirument is worthy or the framers, and
breathes their spirit throughout. ' In nothing
Is this i spirit more manlfnat h.n In t,
careful manner in which they restrict and guard
executive power. Thev had learned h .m..
rienoe to be jealous of this department of
ajuvcrucuuui; tney anew its loodency to usurpa
tion: sod so far from extending Its power, con
fined II , within narrow limits. In the words of
Chief Justioo Tanoy, "they carefully withheld
from It mauy ol the DOnera hnlnncrlnr. tn .h
executive branch of the English Government,
wbiob wero considered as dangerous to the liberty
nf IK. nnl.l . A - t ... . . . -
Duujuwe auu uomerreo (ana tnai in clear
and speolfio terms) tboso powers only which
were doomed essential to secure the annceaiinl
operation of the Uoveromonl." . The limit
the President's term or offloe to four years, and
make him personally responsible for his conduct
by providing for bis impeachment in oase of
maiieasance. lie la Indeed, "cemmander-lo-chief
of the army and navy of the United
States, and of the militia of the several States
uaiiou iuiw tne actual service of the
Uu.tid States," but Congress alone has power
to make the necssaarv innrnii.ii,... rZ.
- 1 j-, r.-....,uii, UD
suppoft ol said army and navy. The militia of
Hie several States, when in the actual service
of the United States, are Indeed under his com
mand, but "the appointment of
reserved to the Stales, as a security against the
u uiiiry power, lor purpose danger
ous to the liberties of the people or lbs rbThts
of the btates." Hie civil powers are as care
fully loatricted as his military, so that he can
uot appoint officers nor make treaties, without
the consent ot one or both branches of the
.i-Kio.mivn unpartment. a lew brief lines ol
the Constitution explicitly ennmrt. nil i.u
powtrs and prescribe all hisdoties.
But tho Constitution of ih ll.,lt.i a.,...
goes further than this in tbe eatabliahmeal and
oecurity of the personal liberty ol the citizen
It imposes other restrictions upon ths Bovern
meut, and asserts other ri?hta mr ,h i
among which are the following: v '
uongressj shall make no law.-respeetlng an establish-
lentof KilKiou, or iirohihltin. ih. DJl,a
..m. sh.ll not be Inirlngedr' (in.Tl. Am'endm.nT.
Thrlhlol the people tobs near, in their person.,
bouse., paper., and eBeoU. acainat .n, u.l.:.!:.
fUa""w: not o-' nd no war int.
shall Issue, but upon probable cause, .upporied by "th
he searched, and the person or things to bs's.li A -(Art.
IV, Amendment..) - ngs to ot sjiaed -
What are unreasonable snarnhai mil .at.....,.
W, .u. eiii.uioji
e are given to nnderstand rw ...
bers of ibis body, that a seizure is only thusun-
.v..u.u. nu.u iu. person eizo baa not been
guilty ot crime. The lnternret.tin.. 1.1, -
rect and falls short of the meaning of tho clause.
cciiuroi. unroaouuaoie wnenever made with
out warrant issued upon probable cause, support
wj w.i., auu ucDunuiug tnepersau
No person .hall bs held lo nn.w.r en
otherwise Infamous crime unless on a presentment or n
dictmenlof aerandiurv. , "...
deprived of life, liberty or property withont du process
of law. (Art. V, Amendments.) r'wxn
" Due process of law." I nnrd nnl- ... I. :..
dicial procsea the process of the courts and nffi-
cera connected with tbem. It follows, there
fore, that the President of the United Stat naa
no power to arrest any citizen, not conneoted
with the military service, with what., ir.
-6...u. .uu ne may do charged
aud whatever evidence thcro may be ot his'
num. onu uiucn more, mat no ha no power
tn ailthnriKft anw nlhA. aSCaa. ..V.
niV wuemeroivii or
lu.ii.arjr, in inaae sucn arrest.
In all criminal proaecnslom, tho accused .hill
therirhttoaepecdv and nnhli i.ui .?ah.",D 01
Jury of th. Stat, or district "wherein th.c.ime .haUhave
the witnesses against hlmf to have compulsory proce.,
--n . 7 " naa ID MLJt lha aa
sunce of counsel in bl. defens..-(Art. VI. Am?nd.
Wherefore iifullova tht fivnn ihnnnk ii.
ni.ll.ll. www. nl fc .1- . UL . . "
........ h u. .no writ in uaoeas corpus may have
been legally suspended by aot of Conoea j
a ct son arretted and imprisoned by " duo pro
oesaoflaw," be still could not be detained in
prison or brought to trial bsfore a military tri
bunal, because bv the torment thia ..:;. ....
founders of our Government decree that be
'shall enjoy the right lo a speedy and public
tr al by an Impartial jury of tho Stale and dis
trict wherein the crime shall have been com
milted." This Is manifeatl nn,,.. !..
prumuuii oi tnongnia oi the citizen nnder this
article, and it is precisely the same doctrine
which Do Lolme lolls us prevailcdin England
whon 1 arliamcut suspended habeas .corpus al
the time ot tho invasion of Charles Edward the
Every ono of these guarantees of personal
liberty to the sub j set has been reiteraled in al
most precisely the same words in the Coustllu
tion ot our own State, and so clear and evident
is their moanine that I need
to what extont they have been violated by the
proclamation of the President and h. th. min.
tary arrests of onr citizens and their subsequent
detention in prison. The Executive has not
only assumed powers which belong exclusively
to tho co-ordinite departments of Government,
but powers which the people have never dele
gated to any department, and which all ihrce
cumhinod could not constitutionally cxetcise.
(To be Oontlaned.)
UAVINO JUST HB01IT1D MOM Nl W YORK AN
elegant assortment of Ooods for dentlemen'. wear,
am now prepared to offer to mv old natron, .na .a...
great Inducement In the selection of garment, for the
i nave a large stock of
Cloths, Cassimcrc8 and Vesting,
And a general usortment of inaNISHINO Q00D8 o
tho richest and neatest styles in th market, all of which
a ui acuingai inocnuruT roasiau batis roa casa.
8PKCI&L ATTXinOH PAID TO MTLITAB.7
Having had long experience In the out and manufacture
of Orricraa' OioTuma. I feel oanSilent r . .1.. ...
tin satisfaction to all my patron..
Merchant Tailor, .
::-..-. Oor. High Ai Town su.,
TAYLOR & WALL,
Opposite the First Presbyterian Church,
KB1P CONSTANTLY ON HAND
READY MADE COFFINS.
OF ALL KINDS. .
They har. th. sole rleht for Vratviin .
manufacture and sale of . . . . ,
Schueller's Air-Tight Bnrial Oases.
Thos., for durability and neatnose, an snperlar to Ih.
" is .oniy oue-nair as much.
tboM Bnrial Oases ar. also ths best and act auitabl.
for tranaporUng to a dutanc th bodiea t aa
parson., a they an perfectly alr-tlght, and will prcservs
Sunday Night's Dispatches.
Rebels Attack Williamsburg and are
Defeated—Another Attack on Wingfield.
FniTHRS MoNBni. Marnh. 9i Tk. ...m
, . . u , .uw VUVUII
... I 1 UTIIII . ... . . . '
iisuiiui wv iiiiKmannev m . mn,nin rw wmitr. a.w
airy supported by Infantry, and were repulsed
by the 5th Pennsylvan'a cavalry, under Col.
Lewis. At noon to-day Col. Lelws had -established
bis plokets. Loss not yet ascertained
lbe enemy attacked Winsfiold on the Chow-
ad river, but were repulsed. Tho enomy's
forcea consisted of the 43d North Carolina reg
iment and ffflflrrillaa. nndar fVilnnal Itm.n .
Lieutonant McLean, with a part of a oompany
of the 1st North Carolina volunteers, took ref-
no-O In A hlkhnnan ak. ll. A mfnrtrt a.t
themselves successfully, and after a tight of an
I...... - ..if I . . . nf j i .
uuur iiu nan ucat tnw enemy on. uenerai
Foster came up the next day from Plymouth
Brown anonneded tn prnnatni, it. r.lma.n
river with partot his force. The rein iluder were
attacked near Ediuton, aud dispersed after a
short resistance Uur Iiuop. are hunting them
up in thn swamps.
From Admiral Farragut.
March 29 A disoatuh was
rsoelved by the Navy Department to-day from
Admiral farragut, dated below Warrentoo,
Miss., March 19, lu which he savs that shunt
ten miles above Grand Gulf be saw the wreck
ot tbe Indiaonla on tbe right bank of the river.
one waa -pariially submerged, and ber upper
works very much shattered.
Rebels Cross the Cumberland
LooisviM.1, Kv . March 2!). The Journal
learns from a credible source that two divisions
of rebel Infantry crossed the Cumberland yes
terday at Siagg's Ferry, near Wailsburg,
Headquarters have received no notice' of it
Franklort and Lexington are under mattial
law. All qtiltt in that vicinity.
No newa from Danville to-day.
Cincinnati, March 29. Parson Browoloir has
arrived from Tennessee, and reports that the
rebels are coocentrating all their infantry for
merly lo East Teunessee at, Tulluboms, while
ibetr cavalry baa mado a - diversion on East
Kentucky, hoping lo draw a force from Rose-
crana, and that r. inforcementa aro arriving
.11. mni . ar .. n
oauy at luuanomairom Virginia.
Gen. Gilmore crusted the Kentucky liver
in force yesterday, recaptured Danville, and is
driving tbe rebels in the direction of Crab Orchard.
From Fortress Monroe.
Foktriss Monroi, March 28. Last Sabbath
several clergt men ot Norfolk gave notice that
the eburcbes wonld be open on Friday for ser
vice, in conformity with Jeff. Davia'a nrocli-
mation. The churches were opened, but as tbe
worshipers began to coogregate they found a
guard of Union soldiers at the church doors,
and no services wero allowed.
A Richmond paper says Judge Meredith, of
tne react circuit uouit, bat decided that every
citizen of Maryland sod every foreigner who
ever enlisted io tbe rebel army, no matter for
how ehott a time, acquired a domici), and wss
therefore liable to conscription, if between
eighteen and forty -five years of age.
The hull and machinery of tbe Pennsylvania.
burned three years ago on the James river,
bive been raised, and passed here last evening
Col. Ludlow, commissioner for the exchange
of prisoners, has concluded arrangements with
the rebel commissioner for tbe txshange of all
United Sutes officers held by tbe rebel govern
ment. A tteamer left Fortress Monroe to-day for
City Point, taking for oxchange two hundred
and eighty prianners of war, including sixteen
officers and two hundred and twenty citizens
An offioer who diverted from the rcbol ranks,
atrived in Nbrfolk yesterday. He reports that
tho rebels are evacuating Richmond as fast as
possible. The report is not fully credited
Three Hundred Thousand More
Nw Vons, March 39 The Mercury's Wash.
Inirton dianatch aava: ftYimllatnlw afinv thn
Connecticut election, orders will be issued to
consoript inree nundrea thousand men.
The Herald's dispatch says there ia no reli
able foundation for the reports that the rebels
have a largo force in the Shenandoah valley.
Halleck believes the report was started by the
inhabitants, with a view to stampede the Fed
eral troops in tho vicinity.
The Rise in the Mississippi.
NlW Yosk. March 29 The M
special correspondent's dispatch to the effect
that tbe rise in the Mississippi has flooded tbe
Peninsula, and there is fifteen feet of water in
the rut riff. A flt?At nf alv Irnn.-jl.ila anA
transports bad passed through, carrying fifteen
k. .......... .1 ... n 1 . . ... . .
.iiuueuuu uiau. luejnre to go WllU Admiral
Farragut. The object is to keep it secret. It ii
thought they will attack Port Hudson.
Auoiher dispatch says ihe report bad been
received announcing the complete success Of the
exnedillon nnder Gena Rn.nil OnUu ..j
. . - M -..IWUII C.UU
It is said lint Greenwood haa been ciptnred,
with all the lebel foroe. No particulars.
Hcnan.aTisa A a kit n Tut- Pmn...
08. The Richmond Dian.ih r th. 07.V 1...
notes tbe execution by hanging of Captain M.'
oiuMi, ui asshiisss wno was sent oat by
Gen. Ilerren to ale th W hit. .1 no. ji.i.i.i ,
Ingram's guerrilla bands.
' Captain A. Webster has been tried by court-
main,! in Richmond Anil lunlnnn ml 1
- -- ------ . -uuTOi iiw uunir
on the Jd of April, for the murder in Fauquier
county, of Capt. Simpson of the Confederate
Tbe railroad bridge over Holston river at
Zollicoffer. Teun.. whieh ... .u.
. - ---- .v.Hujm uy tun
Union army, has been repaired and ttains are
'. Vioksbdso. Mar oh Qfi Tm .r .u. ..
ww " v. iud ouemy o
gunboats attempted to pass down tlie river this
uuruiug, wuou uur oaucries opened upon them
one wa sunk opposite onr batteries, the other
waa badlv riddled, and li
v - - .in WUUUBItO I UO
oanal batteries. ' It Is expected the latter will
uoouua.. aua w ao net on nre, but it was ex
The firing of our batteries was splendid
Almost every Btot took effect.
JACKSON, Miss., March 25.
To S. Cooper, Aijt. and Imp. Gen.. Rtchmd
The following was received this morning
aw a wm uiornUDUU,
roar bOftlaoiiinA miK inm .n
- " - wm. sbjsj ouui 1DO tUlB
morning. 1 wo of tbem attempted to dam oor
hit C aaa I a an . Ana i . a . . "
""""i uo" buuk witn ati on board; the
At Ii month of ,he cn,l ppMniy
Moair.n. M.irnh OS .1. V......... nc -
, ,i. w ,b,fluau, uu
Batnrday morning, Col. Ferguson, commanding
ij ua juootion oi ivssp uretK and
Sunflower river, thirtv-fi
junotion with the Ysioo, repulsed the! enemy
and destroyed, it is said, thres gunboats, and
drove the balance back. C.I. Ferguson hu a
sufficient foroe to hold sha sntn. In i.Ab a
J . wuvua, Buu
reoommends that relnforoementa bs sent in ths
rear of tba anemv to ant off hia ... . .
The movement on the part of the enemy
was to flank our batteries on Haines's Bluff oo
Ihe Yazoo. . . ,
Mosilk. Maroh 25. Offlolal Intelligence baa
been received of tbe evaouatlon of Pcnsaoola
bv the enemv. Thn nn. u.nnn. a
- 1 """c; u, u.y jus
and Forts Baranoasand Hyacinth The garrison
u. .us was auu su uiuers mat could Ds spared
have been sent to Gen. Banks.
MOBILC. Maroh 26. Th 'T.nkann' 1....I
. - - -vwvnwwt. nijisai
says Ihe repulse of the enemy In their attempts
to enter Sunflower river baa bean d.finiiai. ...
certalncd. The fleet was driven back, and a
larffa numhnr nf harvna itanlnrAil. Th..n.i
--n . .-vwvijij
are reported to have tnado another advmce to-v-
ward Fort Pemberton, with inoreased strongtbi T v
rvery euort will be made to defeat tbem, aeW
- " V -M UH WW MVIH.. lU.III,
the Importance of holding the position la fully
)'ivict;iuit;u uy our Buiuoriiies.
WasHINOTON. Marnh 2!) An nillM.I Al.
W . - V " . MI.JI.M.1,
from Gen. Saxon, snnalwail t 1 1. tVa. iian&.. '
ment, confirms the heretofore reported success
Af ikn a...A 11 .t . .
... u. urK "pouiiion to norma under Uol.
Ll 1 a aa .
-KK'unuu ana muoigom.ry,
Morning and Noon Dispatches.
From Murfreesboro—Position of
Nrw Yosw. Marnh .10 A u.,.1.1
l'tlhune from Miirfreaahnrn QQ.h f. la
certain that no rebel Infantry has passed either
n ink of this army into Kentucky. Therefore
".ciivui-ay pauio lg nsu'eiess
There is reason to believe that Van Djrn
With Ciebt thouaand mnnnl.il info.,!. .na ...
airy moved to strike the Cumberland river be-
iow uiarisvuie, to intercept navigation. We
have trustwort infnrm Atinn that thaW HAaKAal J At!
canoenlratlog exclusively at this point to resist
"'us a auvance, cos to attack him. They
aro now net less thnn sltty thousand strong;
fortified at Tullahoma. Stevenson ai.d Bridge-
port. Tuere are no troops at Chatiauouira
No infantry haa appoarcd at Knnxville.
PrOVirilflna mnnlni, ff.w T7.nt..tn tn O-nt-
. -.. .v iuviiu iiwui .ii..,.vau-
lahoma. Thera la nn linnhl th rh.la ara auf-
fering for want of provisions.
joe Jonnstoo's headqnariers are at Atlanta,
Georgia. Bragg is in command ot tbe army,
with his headquarters at Tollahomi.
Nzs Yorx, March 30 A Washington
special to the Tribune says: ihe numocr of
deserters returning to the army is rapidly In
creasing. It Is estimated that upon the basis
of careful returns, the aimyof the Potomac
is receiving acquisitions from ibis source at tbe
rate of two or three regiments a week.
Tbe Times opcoial says: It is whispered in
speculative circles that a correspondence is pro
ceeding between our Government aod that of
Fraooe upon the snbjeot cf letting ont tobacco
auu wmuu ueiopging to rrencn mcrcnaute in
Richmond, Charlests. Ntw Orleans acd Mo
Thn Harald'a .n.nl.1 aae. Tnf.im.,tm
celved from the army of ihe Potomac shows
mat it i in spienoia pnysicai and moral condi
tion. Tho ontnosta nf nnr urmv In frr.nl nt hia
city are dailv accroached bv nnmhpr.j nf rn f n i
gees from the South. Many of them come in
absolute destitution half naked and half
starved. Under recent orders they are com
pelled to tnrn back or await permission from
the department here lo entsronr lines. These
people nil tell the eame story of destitution at
the SonlL and the imnnasihililj ta nrncnrii .nn.
plies of food.
Kansas Citv, March 29 Further particulars
of tbe capture ot the steamer Sam Gatty yester
day by guerrillas state that nine, negroes and
two wounded soldiers were killed; a third wound
ed aoldier escaped to Independence. The
amount of money taken was $'20,000. of which
$600 belonged lo the boat.
uuerrillas had Intended to desiriv the boat.
but they finally allowed her to proceed.
NEIL HO USE,
(OPPOBIH TUB BTATB OAPITOL,)
MARCUS CHILDS, Proprietor.
THIS LA It UK AN MAGNIFICENT
A'stabllshmrnt I. on. of the moat complete In the
West, and h.s Just been filled with a large and well se
lected stock ol
which will be found to excel anything ever before offer
ed in thi. market. In th. Custom Department I em
nlov none bnt th. h... riniluv. n.i w...i.
order, will be speedily Ailed, and
warranted lo Fit and be Well maaa,
Will find at thi Establishment all ths necessaries re.
auired for acomnleta nntAft .na ,..ni.i.. j t
- i -u iw.....wa auuuriccs
ar such that I can defy competition in thi. lloe.
READY MADE CtQTHING
GENTS' FLUNlSIIIn i:iinn
1i'!!..be0,"1 ,n Triet7. having th. Urest stock
of thi. kind yer brought to this oity, all of which I In
Titfl thu nuhlia tn Rail ni.i .in. ...
My Store U opposite the Oapltol. In the New Neil House
Buildlm. and ia one nf ih. fln... a, o ,..
country. A visit to It will repay any on. for the
decl9-dfim MASODB 0HILD8.
Wm, B. Bradbury's
NO. 27 BROOMK BTBlKT. NSW vnnw
TMI1 subsc Iber rrspeclfully Invite, tho attention of
J-.hli,.r,f?.(1;1"1 ln J"U,H fonorallytn mpiano
Forto Eatabllshment, at No. .27 Broome Btreel
ed he .ntir. .took of fUnoforte. and PUno-SrSdT
k. Z ,i v . 'uulcr' owara i. Bradbury, in
tte said firm, he U now prepared to supply the inorea.es
demand for hi. celebrated o f onoj. Bmptoytoi
the most akllllul and experienced workmen, with a larv'
stock of the bet d moat thoroughly seasoned m,te?i
al, and an abundance of Capital, he baa Ukeninhaud
tho personal supervision' of th. whole buslnew. of man
uraotnr ng his in.tramenta, and Is enabled to turn out
r I An A. Irnstaaal Al Hh.nnall.J J u . . .a.... . .
- - - ".-IH4U.HDU unKiauuaMraoHmsM.
BaaoBtrav'.NiiW Bcali PrASo-Foans. in the arrange
ment arottr n Pn.la Ammh , . . . . .
- - . i buu ,jiv.u wiiu mic at-
most wire, expressly for onr new instruments, w. havo
.(111. A In.n... . I-1 L , '
. ..... .ujnunaoii wmcn can in anyway tend
to the perfection of the Piano. Forte, and we can oooS
dently assert, that for delicacy of touch, volume, bril
liancy and sweetness of ton., combined with 4hat strength
sod solidity of frame neceuiry .to durability, these in
strument, ara unequalled.
' HTasnarn amp Bsaott " ia oar motto, and we in
vito the cloaeat criticism of th. best unbiased Judges in
th. land. Erery Instrument warranted for Ave yean.
WM. B. BRADBURY,
. 4Z7 Broome St., cor. of Crosby, Now York.
mxhll d3m s
' - 1
OF ALL KINDS.
Bold ln Columbus by
KILBOVHNE, KIHNS At CO
0B. careful to boy only th ganuuie.
Onion Setts Onion Setts!
TaTHOLBBAL! AND BITAIti, BY
yy ' v w. Al. HtiariEACX.
fsbS-tf 10S Booth High street.