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The New York herald. [volume] (New York [N.Y.]) 1840-1920, December 03, 1864, Image 1

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THE NEW YORK HERALD.
?
WHOLE NO. 10,324. . NEW YORK, SATURDAY, DECEMBER 3, 1864. TRICE FOUR CENTS.
THOMAS.
THE BATTLE OF FRANKLIN.
Additional Details of Sclto
fleld's Splendid Victory*
Thirty Stands of Colors and
One Thousand Prison
ers Captured.
The Slaughter of the Rebels
Represented ai Terrible.
The Rebel Centrals Patrick R.
Clebarne aad Wirt Adams, ef
Mississippi, Rilled*
THE POSITION AT NASHVILLE.
The Armies Skirmishing on Yesterday
Three Miles from Nashville.
The Musketry Firing Heard In
the City.
1 GREAT BATTLE IMPENDING.
Fleet ef Vaien Gunbeats at the
Nashville Wharf,
a*, fct h kii
DETAILS OF THE FttlMLIJ VICTORY.
Nasii*::.:.*. Dec 2, 18C4.
1 bave received full acccccU or tte .'ale bait.e at Frank
Kb aud us sntcreu-nu, which waa jdu ol tbe most brll
lust Id Its geceral results of tbe war. For three days
?hur;> aktrmlibmg wa* keel up dur.ne the retrementof
Mr army ironi Duck river iu f'un. D, derlsg which
that a multiplicity of explain uo J euccesset resulted to
Ike Union arms
*>noeral Cox conducted the rnarcuari!, and on tbe 29th
?tt. acbicved a splendid victory over Hie rebels at Spring
Bill, wblie General V? ilsoi a cavalry gained a scries of
fcnportact successes over Forreat'a kdvaoce, under Rod
dy, ob tbe pike, between Turner's aari Spring 11:11.
SCaOFlKi-D'S ros:i:o*
During the afternoou ot tbe SOtb ult. the rebel army
? as sorely pressed, under Hood, wbo had Cheatham a
?ad Stewart's ccrps and ? portion if Tick Taylors oom
aarod. numbering in ait over twenty-two thousand men.
Dw'og to Cox's palla.M cteck at Spring Hill, a portion
of tUe Kou.th and Twenty tb'.rd corps were enabled to
gain Franklin early In Hie day, wbere they threw np ft
lice of breastworks extending rrnm one end to the oIber
if tbe curve in tbe river, bebind wb ch onr entire infan
try command took posstioo. l^ee roap?Ed. Hmuld j
FltUT CIIAK03 or t:?s eskmt.
At precisely four o'clock In tbe afternoon
tbe botiro robel force made a charge,
?ad suic vied In tnak s; a temporary bre tk
ii our centre, commanded hy Wagner. With cliarac
ierlstlc Impetuosity thu solJ'er* composing theaiham'3
t"T 3 dashed Into the bro;.*tworks and, cooperatlDg
with the attacking party oa tbeir left, attempted to en
velope and destroy our right. In tbe nick of time tbe
tr ops ot Wanner were rallied, and throwing tbeir whole
forte on the rebel colui.n. drove back tbe storming party
tc great 4i?o'der, and capture)! several hundred pri oners.
V?<ur time* arteraards tbe r< b?l? charged on these lines,
but were repulsed aa ofen wltU great slaughter.
Tbe rebels uumtered at least two to our one, as nearly
fcair o' the Fourth and Iwonty-'hird carps wero in re
nerve. The rebel losa id killed Is three times ours,
rbilc tbeir loss iu wounded is at leant sis times as large
?J ours.
ibo artillery r.re of tte ooemy was made with
fieat precision, hut their ammunition en* is ted
chiefly of shot aod ibell, wbiln for two hours im
meoio quantities of/ mo.e nurderous missiles
*ere butied wuh fearful fury iuto the rebel
liees. Ail the attempts of tie rebels to gain ? per
u?n<nt advantage were Irustaled, and at dark the 1' a ion
pc/T.ion wes unchanged, whllj tbo rebels retired under
?ov?r "f tbe wo.id south of the Columbia pike
'lie rebel loss, as before stated, I* fully six thousand,
tnrlud'cg over oae thousand prisoner*, an uunrntal
oniaoer of wbcm were cfl.cere, Our loss reached a total
?( about ot? . bona.)ml.
aani.i.iiRT ?io?? iim wtcBTfaiu
An artillery d?al was kept up till nearly midnight,
?when our troop* commenced crossing Hart?th river,
bring.ng all our trains joJ parapbenaJift over iu safety
ftntore dayllfbt
? Tt? army ttuu retired to wltlun four nitle* of this city,
fet -itiicb point our front line confronts tbe enemy. The
fa ..ny back of tbe ftrmy Is In accordaace with the pro
gramme and the battle at Franklto, aliheugh of tbe moat
ferlil.ant kind, was but a ulaor episode a. tbe campaign,
?ad wea brougl.t about owing to tbe necessity existing
lor whecklug tbe relMl auvaoca to eecure ? sale crossing
?f ?Le rivar by o*r troops.
Additional Partlcaiftra mt the Battla.
Nashvilib, Dec. s, 1HA4.
Adiitionftl reports reoolved Increaao tbe magnitude of
Mm late vktory at Frankl!* Tblrtf atands of colora
u ra captured by tbe Union force#. The Forty alotb
iBdisna raptured Ave, tbe Elgbty>algbfh flllDoia three,
Keiliey'a old brlgoda eighteen, tad the tvaaty tklrd
?ar|M CAjiturt4 four.
Oanetal StsBie*. rim-nandlni tbe Fourth oorpa, had a
??rv aartow nacape, baring bad a horse killed atider
fe<m. aid waa abot Ik the rigbt shoullsr, the hall trsvers
tod tbe back acd going out tbe lei t abouldar. fie Is In
the Ally, ae I <.b? 4gb aofleriuK considerably la atlll at
4andirg to t.]ly.
j it .a ronflrmed th?t Oesisral Patrick R Clahurna, of
?~k< naas, it k'llad.
G 'unal Kin. >all, eoauiandliig the 8afl<wd dlvtaioo of
Pent rai Klsn cy'a corps, In tba heM or the battle passed
ft robei m?\Joi generai, who told him be was morta ly
Wtmiaod. His men au ,ceed?J In oarrylng o!T the body.
I It ta' bilteved tha Hood's miln urnsr U threatening
?orfreeeboro. Forrest's rebel cayairy la demonstrating
camir frost and r'gbt lianas.
I Commander Kites la here with a fleet of boats and
?mn-rlada. 8ufTlcleftl forces havH arrived to 1na?ire aot
hnly tha aafety ef Kaihviile, b it another I'aton vloury
In rare of a battle under any clrcumaiances.
Tbo tHilary men all uuila in tv? opinion tbat General*
itmley and RAh>fleid eenduc'.ed tbe retirement from
r la^kl, In Uia f?oe of the enemy, with admirable skill,
?n I erowniag all with ft naftgniUcent Union victory at
Fraakite.
LovmrwiM, Ky , nee a, i*(H.
The Journal ef thla m<mtn? has the fotiowhiK:?
??oersi ItMimae baa aVamhmtfl Ui? wrong poajtlojt at
| Pr.ul.lto and formed biHufWU. wltbla Uwea ?Um
I Of Nasa Villa.
Ysaterday event* the twe belli# arm*
! gaged to kMvy ulrBMHii ud rattle o( mwk?U/
con Id plainly be burl lo Uw rtreet* of NesbvlUa.
1 A bstile of terrible fury ?? imminent
[ do doi hoileve that General Thumaa bas toy fem
for tne result. He i* not a* weak u be would make IM
rebel* believe.
8* cut offer battle to better advantage to hlmaek la
from of Nashville tbaa at any ether point.
Hid left wing real* on llurrreeeboro, and when tiren<th
en ed by the 1 oroo8 at Cbaitanooga It wUI be strong
enough to close upon Ilood'a rear and cut off hla retreat.
Tfce rebel cener.1 la prate log blindly forward.
General Ibomas baa prepared a trap, and tbe foe ta too
eager to nibble at tbe bait.
Tbe lines are elating around the enemy, and each bow
tbe tbreada of tbe net are being more completely woven.
We will not tremble for tbe result, but will feel strong
and hopeful for tbe cauae, and confidently look for vie
tory lo percb upon our bannera.
| Our troope are brave and General Tbomai la an able
commander.
We predict that the rebel army will meet with a loot
ble dlsuster.
General 1 nomas baa altered bia plana, and will either
capture or annihilate tbe rebel army.
SKETCHES OF REAEL 0FFFER8.
Sketch of the Rebel General Cleburne.
Major General Patrick H. Cleburne, of Artansaa, known
as tue 'Big lrleb rebel," was killed on tbe 29ib u.'t In the
btltle or traukiln. Cleburne baa played a prominent
part In the variwu* conflict* la the Weal, and bai borne
luuiae 1lo bin career with such marked dignity as to win
and mainta n tbe respect of ble encmlea. Few officers
el ibe rebel army have fallen In the war who have been
more profoundly respected by tboae with wbom they have
been brought la contact than Genera) Cleburne.
Patrick R. Cleburne waa born near Queenewwn,Ireland,
on tbe 17th of ll.rch, 1828, and oonsquentiy waa, al the
lime of hla death, nearly thirty seven years
of age. At ibe age of nineteen he enlisted
In the drltlsb Forty Oral Infantry, known ae the
"Prince of Waiee' Own." tben just returned from India
After tbree years' servico young Clebiirno purchased his
d'acbarge aoJ omigrated to America. He settled in
Helena, Aikansaa. and stud.ed law w'.ih tbe non. I. B.
U tnly, Cblol JuBtice of that State, and waa successfully
engaged in the practice or bia profession when tbe war
broke out.
With General* Hlndmao. Lucius Polk and otbera,be
joined ibe rank* as a private, bui waa eoon elected
eaptalu of his company, and aes-.ried >n securing ibo
i Lilt o Rock Arsenal, before tbe fa.l of Fori Sumter,
j Cleburne wus kubsequeutly elected colonel of the first rc;'i
| meut raieed in Arkansas. Tnomaa H. Bradley wis made
brigadier general by ibe State Convention, and p;aced
; over blm. Bradley caused ibe retreat of the Arkansas
j troops from 1 tearueId'b Point, on Ibe Mississippi, and
was believed to be disloyal to tbe South. C.eburne, aus
' peeling him, finally doposcd bim; and Cleburne was
I afterwards brought be;ore a court martial at Mound City
I on a charge of mutiny. Bradley, however, agreed to
i leave tne matter to the decision of General Pillow, who
decided tbat Bradley abonld not resume the command of
the rorcos under Cleburne, which were tben transferred
to tbe confederate Statea service, and piaced under <-eu.
' Hardee In Southeastern Missouri.
j In tne fall or 1881 Colonel Cleburne's regiment waa
j trans erred to Bowling Grecu, Ky., where (leburne was
pal in command or a brigade of Hardee s division. When
I uaneral Mitchel made nls appearance before Bowling
Green Johnston waa commanding the place Cleburne
brought np the retreat trom that position, on tbe 4ih of
March, 1862, Cleburne was commissioned a full bri^adior,
and commanded the advance brigade on the man h to
?htloh. un the first day of Shlloh be commanded th?
le.I brigade or the first line. He lost one thousand killed
and wounded In tbat battle?the heaviest loss of any
brigade on the field. Al the battle or Farmlngt u
he was atinin engaged In the aflair of tbe
f-belton House (by us called Russell's Honso)
lrom Tupelo he joined Kirby Smith'a araay
al Knox villa, Tenn., and entered Kentucky in com
mand or b s own and Preston Smith's brigades He led
tbe advance into Keutucky, and with bis two brigades, or
| less tbau three thousand meu. he commenced Um battle
j ot Richmond, Ky., defeating General Mawm in iba Urst
tight o( tbat memorable day. Clehurue here lecelved a
severe wound in the moutb, which preveutod bis partici
pation In tbo alter movements of his brigade until it was
deteriul. e;l lo retransfer him to General Bragg's army,
lie met hie command In Krauafort, Ivy., and moving for.
ward, occupied Shelby wille. Buell's advance compelled
him to .all back, and bo joined Uracg'8 army tbe day be
fore the battlo of I'erryville. Jn this battle he had two
horse* shot under him, and was himself struck by a can
non ball, which wounded him in the -nltle, but th a did
rot Keep hira from periormingbi* duties on the held.
tin tbe 13tb or !>ecem?>er, 18C2, he was apiiolnted a
maj' r general, and placed in command of oue ot ine
divisions of Hsr.lee's corps. On Ibe Slat of the >-ame
month le commanded bis division in the battle 0; Mur
Ireeaboro Inning the campiign ot Tullahoma, In 18t&. i
General Cleburne covetei the r?*irest to ChiUaooojfa
Iu the battle or Cbicknmango, fought S pteinb?r in and 20,
be formed partol the corpa under General Hill, which !
which was rooted by General Ibomas. In f ho following ^
month (tovomhor 21 and 24) CleVwrne commanded his
division in tbe battle of Mlasioa Rldgc. He held lb.; ,
extremo riglil or tbe line, and ihree litnes repulsed I
General Sherman In bts attempis to carry the "luuuel I
Hill" of Mission Kidge. H.s alviswa was the oniv part \
<h' Bra>rg's army which remmrea int >cl alter this battle, |
aud w ith it be covered Hi" i?treai to Kmnold. At illugold 1
dap be ba'ted, and. taki ig a strong poeltlon, succeeded j
In detesting Geueral Hooker with b*avy lota. Thlseugage
raent reflected cotisldt-rabla er'illt on t leburne, and the |
rebel t'ongrea" voted him tbe thanas of both ho'isee. He
was constantly in the tieid durin* the Atlanta campaign,
atd again came to Ihe reeeue or iba army al .lonesboro,
Ga , where, August 31,18M,he covered ard protect?d
the defeated army of Bood. General Cleburne moved
North with Hood In Septembor last, and loraaed tbe
columo investing Dalton. He waa in command ef bis
old division at Franklin when be waa killed.
General Cieburno was nearly si* feet in height, well
made and of command.n* presence. Hie completion was
light, and be poaseaaed a clear, piercing eye. In man
ner be waa remarkably quiet, modest and reeervet.
jtkatcb of the Rebel Osaerel Adasae.
There are tbree Generals Adams la the rebel army.
General John Adams, when last heard from, waa in com
mand of the " K?urth Military Pistrlat, Department of
MlMlxitppI and Eaat Louisiana," with headqnartei* at
.laokeon. Miss. General I). W. Adams, of Texas, waa M
October last la command ef tbe?'District of Central Ala
bama. with headquarter* at Talladega, Alabama. <}*ne
ral Wlri Adam?, of Mlsetactppl, has long been attached to
the rebel armies of tbe West, ti Is probable ihat ibis
waa the officer who le reported le bare been killed en tb*
SOlh nil. al tbe battle of Frank I m, Tana.
General Wirt Adams waa a nail re ef MlMiaeippI, and at
tbo beginning of tbo rebellion held a prominent position
In tbe State, and ft* a politician wielded mnch Influence,
which waa given to tbe cause ef the conspirator* agalnet
tbo Union. As soon aa war had been Inaugurated Adam*
enterod me Bute service and raieed a regiment ef caval
ry, which wen known a* the "Independent Mississippi
Cavalry." He remained In tne command of this regi
ment engaged In scouting In the Weet, unUI September
28 1(13, when be was promoted a brigadier general for
ner vice in tbe rear of General Grant's army besieging
Vlckabnrg. He was subsequently engaged In tbe cam
reign of Atlanta, bat did not particularly dlsilngutsb him"
nnir His brt*s(*e moved north with Hood In his wild
e??e cba<e Into Tennessee, ?"<> at Franklla Adam*
gathered ibo bitter fruit of bl* folly.
flfcetch or the P.eb*i ??n*r?l Bea. Free*
Cheatham.
M*y?r General Hen Treak Cheatham, of Teneeesee. la
reported to have been wounded while leading his ooep*
of Hood'e armt In an anaault upon the centre ef our posi
tion at Franklin, on November 30,18*4. This ofllcer has
| borne a prominent part I* the varlon? campaigns in the
Wert, and haa gradnally fought hla way, ag?h?st strong
opposition at Hlchmond.lo a lilgh position In the rebel
j ermy bnl, tboegb placed lu enngaaad of a nort*, hi has
not bad It inence etvnigh al Richmond lo get the promo
Ihm preiierly belonging to the p?ts\lloe He Is tb? tuly
major seneral la ibe r?b??l army commanding a corpn.
Q#nerat ChsnMam waa barn t? Ho bar teas couatv, iso
the battle of franklin.
Scene of the Signal Repulse of Hood's Army
on the 30th Ultimo.
lessee. boil th. year 1810 His parents retrieved when
t'heatham was very young to Nashvtile. an! up 10 the
l:m? ot tbe breaking out of tbe present war tbe sub.'oct >f
ibis sketch bad resided sear tbat city. His father left
b!m a hanJsome fortune and a large plantation 11c bore
the character of a sporting geot.eman rather than that of
a quiet farmer being generally compared bv bs re cti
bora to General Jacuaoo in tbe aavi of tils youtbiul
excesses
General Cboatbam figured Id two campaigns in Mexico,
lie rased a company of volunteers a: Nashville for the
rr?t Tennessee miauirv. Co'onc! Campbe.l. .in t marcbed
to Mez:co id 1646 At tbe end of tbe year for wh en tbo
comrany bad vo ucteered it was bontrab.y a.scbsrged.
Captain Cbeatbam returned to S'asbvii'.e autf rased a Mill
reg-meot 'tbe Ibird iniantryi, receiving a oomm if.on is
colonel. He reached Mcxioo to lime to engage id tbo ,
battle of Bueua V sta, wbsre be greatly d ht.ofu.?hea
toimaelf.
on bta return to Tennessee after ibt war J-.' elai^ed
Id to bia o.d habits of tdleneaa, and aoon added tc bia gene
ral reputM.on tr a epcrtmg f baracler that of a luarrel
?one and dangerous man He kept a Ace Mml of bargee,
owned racc courses at Mompb.) and Nashville, an l en
gaged extensively in all kinds of gambling.
During tbe exciting period of April, 1^81, during which
Teunessee was ru-hed out of the I'diod, Cheatham placed
a fin mincnt j art, and was rewarded food alter by an ap
pointment aa brigadier general of Tenuessee mllltla. Tlie
rebel government tilradwl tbe appointment to tbe pro
visional army of the Confederate States, and Cheatham
ranked as tbe thirty ci^htb brigadier gecerai of the
army. He was immediately aligned to duty In Wost
Tennessee, bia brigade being engaged in building Forte
Herman and Douelaon. On >'ertember 7, 1 SCI, he was
reassigned at Columbus, Kentucky, to tbe First brig ade,
prik's division, Department No. 2, id which were tne
regiments of two or three subset]neni rebel gene
rals, aud attic hed to wbicb watt the battery of
Alex. P. Hewart, now lieutenant General, and
Cheatham's superior in rauk as be is in evory
otber respect. ' heat linn ? tlrst engagement In this war
w is tbe battle ot Belmont. fought November 7, 1861.
During this engagement hla command croi-ad ipc M:s;-,s
slppl aud turned the ti le of battle, which had been run
nitii aga.nst the robels. ".he operations of tbe sprlog of
18?;;l compelled tbe ovacualion of Columbus, and cheat
bam < nducted the retreat to UiesMsippi. ) I is. brigade
formed a peri of the eorp8 under Polk wbiob attacked
General Grant at Mhilob, April G. 1862. It also figured
at the siege of Corinth, after which it rat ire J to Tupelo
and became a part of the. army th-re concentrating uniier
Geueral Bragg. About tbls time t lie?ibana was promoted
to he a ma.ior general, and In Uie organization of tbe rebel
army ior operations In Kentucky be vts placed in oom
mand of tbe first division. Polk's corps, Army ?f
Tennes.x-e. He moved with Bragg through Tennessee
ar.d Kentucky during September and October, IWJ . and
was enga^ d in the terrllii assault on General I'.ousseau's
ctiiim ind at I'erryville, Ky., October 8, 18(12. cbeatbam
bere commanded tbe right wing of tbo assaulting e.oltiinn,
and ma le il\e unsuccessfulcharges, encountering afilaht
fill repnlso. Tbe army tbenee retreated to l ast Tennes
see and waa hastily transferred by rati te Murlree-b?ro>
? in I evember 31. 1812, t'hoatham commanded the centre
divlivm of the rebel army in tbe battia of stone river,
fought near Murfreesboro, and war again badly defeated |
In an attack upon Rousseau's division. He retained rem
mand of tbe div'aton during the retreat which imloeied
this engagement, and subsequently tbst from Tnltabtna
to Chattanooga. On iteptember ll? bis division form ed
pirtot lbs attack lag oolemn at Cblekamauge. wbere the
o<>rpe of Polk, to which Cheatham was still attached, was
defeated by General Thomas. 11a bere again encountered
Roaaeeau'a division, bat at this time under another . om
aaauder He commanded tbe corps of roik in the ebseoce
of I bat nO'.oer, |ai tbe battle* of *li?iion Ridge,
November 23, 24 and 25, but failed so badijr
llut he was relieved from duty and weal
to Atlanta, lie remained idle until some time after the
removal ot Aeneral Bragg, when (February, 1444) he was
roetored to the eoumand of ble old dlvlaioo. Oa tbe
death of Polk Major General fee wart waa promoted over
Cbeatbam aid assigned to the command of tbe corps
bet, tbougb thue slighted, Cheatham continued in his
subordinate position. He waa engaged la most of tbe
bai lee fought during tbe campaign of Atlaata Oa tbe
8?th of July, 1844, be saaceeded Htewart a* eem mender
of the oorpe, the latter having been wonadad oa his
recovery 8iewati waa aaelgaed to Hardee's cerpv and
thus Cheatham remains la command of Pelk'a old . orpa
De waa 111 at tbe begianing of the present campeigu, but
eould not be kept oat of tbe saddle. It wae abue com
manding the cor pa alluded to that General Cbeatbam waa
wonnded at Franklin.
la pereoo cheat ham la largo and heavy built, of a blond
complexion, witb dark hair and eye?, aod is about forty*
elgbt years of age. His obararter le as deecribeU?tbat
ef a reckless, dangerous man.
REBEL ACCOUNTS,
Hood's Pre par alt owe for Ilia rampaign?
Hie Advanre Into Teaneaeee.
IFrcm the Richmond Ptamlner, Nov. 30.J
The aews fr m tbe Army of Tennessee te beoomtng In
teresting again. Wo arc now informed that It waaooo
centralmg near Columbia, renneesee, last w> ek, and tbat
Thomas was falling back towards Kaahville, bavng
evacuated Hunlsvllle, Decatur and Pulaski Tbe mtin
body of Hood s army cr<iesed the Tennessee river, st
Florence, on the 13th Inst , tbe day after snerman fert
Kingston on bis Georgia ex[>edltidn Lee s corn bad
previously occluded Morenre.
Our laieat dlrUrt Information from TuacumMa repre
eem -d that the baggage aad tiansiortatlon of tbe army
had. been materially reduced, one wa?on alone was
allowed to each biyd'ttiariere, including the transport*
I en of the gcDeral commanding, l'he boat bortea and
mules and wagons wei>e placed In the supply fain The
troops were r-pcrted t<>be to ?? splendid coadlttoe," ?"d
It waa laid that everything lndi< ated a H Wceaefui c.aiu
pnign.
Aiicr leaving Florence,CtWrtl Hood a eed In a north
weal dweoiieB for a abort dw,'?fi*?. aad theo tuarctod by
two parallel roads to Waynesboro, tho county sent of
Wayne coucly, Tennesson, situated about forty miiej
?orUi ot Klorenco. By this nnvoment bo Hanked the
V aoKaef out of their stronghold at Pulaski Frnni iVavnes
toaro <iei:erat Hood moved across tbe country to Colum
bia, a town of gotno Importance thlrty-livo mil>;s north
east of Waynepfc r", md within forty mi'es of Nashville.
W? presume that bp occupied I'olumbia lai-t Friiiav. The
Centra. .Southern Railroad, lending from Nasbvlile to l)p
catur, passe4:. through this place. It is tha tcrroinaa of
an unfinished radroad to bouut Pleasant. We shall prob
ably next hear of Oonera! Hi'Od at Franklin or Nashville.
It la reported that Andy Johnson and bit* obscene tribe of
renctadt'B nave already evacuated tbo latter city
TI?p Jlrglatrat Ion or Sunthrrn Olfltmi,
Registering, tbe sanies of Southern citizens of Stales
now iu rebellion I* but a step toward* accomplishing the
? grsat ends id v'ew by tbe military commission now in
setr.ou in thla city. By the mean? now r.se I many iu
I porunt facts are gained: but tbe matter should in car
[ rie>; mil further, and alt citizens of Plate* that bavo been
in u ?vrectlon should be required to do the same, else a
1 tooph? r i'. loft for ? <? escape o'tao very part es wtom ibe
, order of Ccneral Dix Is intended to rra< h. A retldenre of
j a lay ;>r week In Kentucky, Missouri,Tewie? oo, Went
Virginia, or any State not now In rebellion, gives to the
' citizens of States in actual rebellion, and the wor?t cl iB;
1 of rebels, an exeuse for not appearing to reglstor them
' selves, and to undergo the consequent cl<\-e examination
!as. by theordcr, only thopd oiti/onsof .^'tate" now In ro'>el
Hon are obliged to present themselves. True, many of tho.??
persons by tne moan.* now in operation will be found out
J and doalt with as they deserre, bit many mure will
j escape. But thi worg ooulil bo much more expeditiously
| and thoroughly carried on. and tb? obteet of the whole
I more siii'.carsfnlly accomplished, by requiri*? all citl/ens
I in this dopartmsnr, of States that havo l>eeu iud now aro
i In rebellion, to register themselves allko. iM military
e mini.''ion hope to gain clues to tho MWI in tbe recent
greut incendiary plot, and perhaps it is not contraband to
; say that such a clue has been gained itiat, i wor* d i.p,
i wilt unravel the whole mystery by exam .nip? suspe- ted
I partle* and proinlnont men of known rebel proclivities.
; B 't we venture to assert that the truth cuid be mere
1 ocar'y arrived at through the reirirterlne room, by oblic
| log all Southerner* to appearand undergo eaumlnati n
there, thin through any ot1 cr me tns. ?
There t^'onii to be an evident anxiety on the part of
the mithoritleo liavhig this matter In ebarvro to band'o
H aa Jiyhlly *?? po-N.lde,or rather a fe.ir "? overstepping
tbeir autb rity. Tho ob.eet |n be fired i? '\n imyort
at I one. and delicacy of ireling and mm- r ronslder.ill in
of BUthjnty i-bould b ? bid a-;idc an'l ma lo .n<'j?'*rvieiit
t<i the pfpssinr dem inds of the public good
J About the iv.-race number prerrnlo I tboin?elvos yea
< tenlay i tbeoifiee, mil the uau il e:;.?r r unt Phi made, in
the ciurse of whi' h soma very Import act facts were
i allotted.
flu t'rrat Inirnitlarv Hint.
8a:*iv >ujt. XXlc. I!, INlt.
Tbe party referred to la tbe Ktatemeni ot the parried
aoldler from ?;rorgla as connected with tbe Incendiary
plot to Are the Northern cities, is nndei tood here to tie
| ono Morris M?iitgnro?rjr, a prominet t participator in tbe
| aeoi>,slon mflvemen a in tins City ab< t th-> meniorable
I ll'lhof April i hi i'd. He was at tbat t)mi? an < fir-, r m
the Mary'and "Jiiaril, and left Baltimore during tlie tirst
yc^r of'tte war u* jotu tl.e rebel ca ise.
Nrwa from < Nllfornla,
FtlWItoi, Sov 28. 1RS4.
The rales have stated. six inches of rain tell, giving
' the land a good xodklng. Farming tad mining operation*
will now beroaumed.
The report of the kinking of the steamer Aotelope is In
correct
lhe mail eteaiu-'r Sacramento, from r.an*mn, arrived
to-day.
Alio arrivod ship- Atacotna, Vaipami'O, California,
Ntw York, Ar^O'-j , New Vork.
Ptnonal lnt*lll|ener.
(ienertf) Henry M. Nagiae. wbo setved with dlslTn
ciished auo-ns* at >airo?ks, rhickahomlny, iTotiom'a
Rrldge, ami Wh to Oak fwatxp. during the memorable
??fevrn Pay*," on tha rentnaala, and in tbe Carolina*,
leaves to-day in the (tllforuta *4eam?r for ."an Kranrlseo,
hit homa. Prior to hia departure irom Thiladalpbia ha
was made the red "lent of a laaire iniwl from hia friend*
In th? i-hape o' a nugt fr ut gnld tnMal. uianofactiired
In Pari*, alecantly n?oribed a?.t oommernoratlve of hi*
naiiant oervices iturioif the varmna eampauna. He leav-s
tba Atlantic roact with tlif well wtsheti of a ho?t of da
voted friend*.
Gorarnor A. J Ttormam. of Wont Virginia. ex-Governor
8igl?r,of Calliorn a Oaneral W ilaon, of t'olu nbu*. Ohm,
ColonelB S. Frei.ch.of Pnston, .iud Mr. J 8. Hoot, of
Arkana*a, are atopplng at the St. tfich?ia* Rntai
Jlon. J. Collamer, of Wood*w?rk, Vt., and f)r W odn,
l ulled f-'tatee Arm/, aro atoppiag at the Meiro;ioiitaa.
Colooal T. D. Johns, I ultra states Army; CapUIn Fair
flat, (faitad RUtea Navy, and iir.J A. Humming*, if
lVi*t?o, are (topping at too Alitor.
Keferrinf to the prtntera' gtr'Va 'n Bnninn. the fro*
rrfftaaya ?The venerable Kaiknn el Willie, who Wan
to sot typo in Km\ and who in>blt?h*d a pap-r In Vualnla
seteniy-nao yaaf- ago, called tbt ottice lo day, and
oflkro4 bia aorvicea.
fall's Intelligence.
u>*riict. 9nort.trTBM--oNg vr thkm anitgSTKo.
Yesterday nfiarnoen officer Guidon, of tha hiaih pro
c act, diacovered three faalilorably attirot yonng met
entorinf various atorea In Broadway, and onnducting
theuselvea in a very snapklou* rnan- s*. At leayth be
men turned down Worth atreet and ent?re1 tha etoro of
Me ara. Hoetwiek, .Hvln Ji Hark, M and m Worth a reel, ,
and when they reappeared on the walk oflteer field* i
aoitetf two of thorn, a *tnii<gie tiieu enaied, dur u? '
which one of the prisoners dropped 'our fur col Ian,
which ho had secioted under bia over oat, .The collar*
were picked up by a gentleman and given lo l|,? off! ?r
One of the men arrested puiled away from the offli .'r
and escaped, but tbe other orio. wno gave hi* came ?a
Ch irle? Williams, was attenred. .luetics flogan commit
ted William* lor examination. The pria >ner l? tbe nan
who bed me fare in hi* pft?*e**ion
nnniiin in ntt "rAitm."
On Th-.raday evening Mr. Wm. frlncke. resiling ?n
Hpirta, NewJeraay. enterH the drinking ntai-e So 3
E*.?l Broadway, ksown a* tho ??l'alace," to l?*l the
quality of their liquor*. Poon after which, it la alleged, ho
was violently selred by I'atrk* s. Kelly. tb< keeper of
the plaen, aaalaled by two other person*, whi pushed
nim int > a d^trk reei room and there forcibly rohM
him of yiSO in raan. Kelly wna arresle-l by aP.otr lohn
?on, and Jnetlce Hhatidiy comiriltlod bim t prison for
trinl, rite police report that tbe 'paMr v' i? g resort 'or
iotnrk.ua tl lever and houuty ju? per - cf tha AMI u?4tn
rata aiiaracuir.
FRIGHTFUL TRAGEDY IN 1HE TOMBS.
!t?o Prisoners Beaten to Death and
Another Fatally Injured by
an Insane Man.
One of tlie Victims n Blind
Man*
IftfyUISITION BEFORE C08WBR NAUHAM,
kit, ti? Mi
Kte day becomes our duty i0 record one of tbe most
horrible tragedies wblca ir.s been enacted iu this city ft*
ui'tty years past. The bloody ?ccurrence tjok plaoj In
"m < Hy i risou, corner of I outro and Leonard slreeU,
ibu iwpctrator be ng an insane man. whose aberration
01 mlud was oaugeu by tlvr to free 'odu'jeune in tha mo
of strong drink*. It up.>eaiM thai on Thursday last jus
Oce Hodge, of the Jefferson Market I olice Court nom
milled* man named John Donovan for examination on a I
charge of insanity, rhe prisoner w? taken to ibe
lombs on the afternoon ?r Thursday and atteodc 1
by Dr. Sitninnng, assistant physician to tho City
Prison. Thu docti fjnod Donovan suffering from tho
eileoia or intern,*,riu>co; but ho was do.ne.ind
and appeared to be perfectly lianu'e's, Ascnnlmg 'o the
usual custom, Donovan was placed in tho long room
on the ground llo..r of tho prison, fronting on Krauklin
street, and known U8 "Bummer's Hall." Id the same
department wero a'jout fouitoeu ' Ion days" men, who
hod b?en committed for intoxi --atio/i. Among tbe numler
were William Konnedy, J?men McOcnald and William
George, quiet reigned supreme there till four o'clock
yesterday morning, whon un<ht watchman Mark Finlay,
while absent in that part or tho prison occupied by tbo
juvenile delinquent*, fronting oil centra street, tyard an
alarming cry issuing from 'Bummer's Hall," followed by
liersons shouting "Murderl" "uelpl" "Police!" &c
Mi Unlay hurried to ih<: rpot, and, looking through the
wratiug of the door, saw Donovan in tho act of assaulting
suvo.il 01 his fellow prisoners with the poicer, an iron
bar, some threo or four feet in leogtli, and weighing six
or seven pounds. Donovan was called upon to stop his
bloody wort; but he paid oo attention to tbe uij,ht
waicbuim. Tbose prisoners who hi t nat been disabled
by the desperate man wsio running from him and
screaming Tor help. Being uuab!o to cope slt^Ie handed
with Donovan, Mr. Flrlay ran to tbe Blxtb p.ocinct sla
tlou bou.ir for holn, wh,-n Cap's n Jonr.Un Instantly
despatched oitlcors Barr, Oraaa, Curloy and others to tho
prison to assist in securing Donovan.
On entering the place whore (be prisoners wore cor.
lined tbo moat sickening and borrlblo tight was pre
sented. There lay dond on the floor McPooald and Ken
nody. with their -dtulb erngbod In and :i?<j brains scat
tered promucuously about tho room; while near them
was the prostrate f.?rtn or William C.eorge, with his
skull fractured and ap[ irently in a dying condition Iho
Innatlc, wbo*waa still flourishing bis murderous weapon,
bad upset tbo stove, oa which he had piled two or
three benches for th.. purine of sotting tbe prison on
Ore In this he m'ght have succeeded but for tbe prompt
assistance which was nt band to quench tiie flames.
Donovan was railed ii|^)n tnsurrender, but, tailing t<i do
so, o'flcsr Crane fired sworal shnis at bi:n, but wltho.it
effect. Ono of the bullets, however, lodged in tbe right
shoulder of George Henry Hill, inflicting a serious wound.
At this Juncture iv,r?>van attempted to run up a flight
or ttslrs In ibn east end of the room. v. lien all the e1U*r-i
present rushed upon bim. They applied their locu*t?
freely, and soon miceeoded In dlsarmlu* Donovan, wh <
was taken Into a coll and thus prevents 1 from ilorwf.ir
ther harm. Dr. .Simmons wv goon on th" spot and ron
I deredsuc'- aid to George aud irui as their rospeetlri
j oa.;es deuuodod. Mr. Charles ; utton, tho warden or tin
I prison, was Immediately notified of the tragedy, as like
^ wise wero ComiclM,oner' Jell and .Vicolsin, of tbe B > ird
of Charities and Correction. Thoy quieted the
fears of tnoss prisoners who had Moapcd vlo
lence at tho bauds or Donovan, and a<lopted
such other mealies in tbo case as to them
seamed necessary.
Cnri.ner Xaum inn. being called to hold an Inquest on
tbe bodies, summoned a Jury sort proceeded to ex.mioe
w'tnesses, whose Is ttmonv will be round below ?
George Henry nm a ,.Vrkt of rtafblwh ?
? , .7J.. In,h"hall"r ,1,t' days Vo.*e utthree
2. k !'. when I noticed prNouer Iwnovan
. ''I'"* l h'!'' "f "'e l,aI1 wllfl 'I-"" used a<
si-o the VleT-'" ' nr"'I'1.' a tM" vsr l distant, oi po.
br 'wr i ii o h?.1,'; T ,be W>ker fr.ifn Mm
- oi."hTn~ 1'.; . to he brooding
H rvr'?"^ Hbarr, at ms. he r"
in m t fUj * ,1h th? ??traDc\ ke^plrf tho bar in U hmnd
aV'rkh?m f}* T V tbni ' "PaH " 1,1
fll ? rk mm % m m ?. >med Me -on nikod Uni??vaij ? (;it?
rddenlv'r ,. """'I0 r 1,1 "re:" 11
. It i-L w, ' w'"? h"tli bands, and Ku?
? M.,ie?Byt hlcw io tne Ion. w-|h lore ..K)u ttie head or
oneot tbe ,ieepinC me, ? w, Mmoe M.J.onaid I, Tne ,
tern-d o th.. ,1/ht and struck tie bbed ,,;a? 'auorie."
three times |. th were lyiok on tbe >eats r.inmi.J
ar.?ind the wails ?f ih? hall ho sdv,?oed Ironi tli ?
ot the ball t want' th-. si .ve ai otn-r mail >vns iv aj'on
l'"tiovaj dea/t h m a hio *? !h?
"ea ,T 1? W lb"-'^ht. f sel/8,j the -h .vel,
Itleaion tuik tbe other i-.kerandad a . ed towards It r?.
t'hfl hH Struck lesson, ami I ntr?rw b.m ?,tb
the "hovel on the ? ??? ,...0 of the oead.-ver tbe ear
but lis my :t irnrvwa winnUed tbe bi,? was not heavv
snocKh 'ion van theu ...Hied in t d tli, hill Tr!
down the tore aort ,ire t.. the tw>n. he?- !*,n van
cevcrlv d dvod an the biovra aimed at him be snraos
?P and down je t .11. ir.? r.-i ?f tt.? ^ *
tbe stairs In the h .n ,.k thl opper s'orv ^in.!
h"sa1dUUthe wr'Tn *nrt dlr"'' , ri' ?" down;
ufl Hajj Ij? IV0u.fi i're liirrn itni a. B14
th. n, the entnc way he tl" * otberT *e w?
a raid tci.< me r.. .r the ^tslrs, ns my e l and t;!ea-,n
?.Ti2ki5*m. T h"" ,0"? """ *he .i,?vel
?k- w * m k?. ? prisoner struck
th ilyinp men several tin.es; I ? covan atierwaros went
wbMl ?? ha.l retreate.i
, ? .r '?,l,n 1 b!m on the hea.1 the
o.b -r nn.n got up stair* he stag.e.ed under mv blow
hut rallied ,n ' rnsb. i < n me. I stept -"do ana nru.k'
h mou the rbu wiidi brought him down be began to
m an. dropping the bar and sang out. -u.n't kill bo "
bidding up hifc hands. I ran to th. do- r. where th.'rs
n?s, .ocl'idiug the poll.-omen, and .ailed
rtf,nQ? l!'? *'<"? shouting wes shot In
w *i!t P"110" "1',0 '?m*l?Hceman
rane sb.-t me. Donovan was then a.-eured the nuilc*
were outside tbe bar u?v.r at the time, and eo ,,d
not see wbe was advaocinv nobody but pn-on.
" ' .?*rt,Jn ,fc" r"*"" lb""' I' no wstchnui
or ?"Jar officer pr^te^t, the door is always locae.t
Michael f,ieaa,o. of 344 (.reenwlch streei wK waa .Teo
ronflDud In tbo hill, corroborated iOr J*m ?J\
,rth""r*_ Ktated that b- had been tl.irt^flTe t!mes la
the lombs, and he was ?bi* to ligl.i hi* ..wo battle, rw I
novsn atone tine told wituess amorethe nccurreaoe that
of him "M k J* *1"1 lb"1 ,M! U"1 not ??'? what became
Mark f inlay, deputy keeper of tbe City Prison h?i?.
ar?K?,'UT',~MT lour ?* d"'Tcofuenrwi *t alx o'cloc?
at toe saws t ne with Mr. Upgrks, and lasts until
dulr"l?u.*L 4b* bo,,,,'nr ,u flrit commencing
n../l .b,u H ^ *!"?' th* 'he i ulstrte hu|ia
old plrTson1 * W'U< ,h* ?? the ball o< tbe
The testlm. or of Mr. William H. Sparks, also a aigbt
watchman, was takes, and was tbe same lo (tibslanee ss
that given by Mr. Klnlay.
nr John tirrnvma (wore, dapoaa* M followi ? I am
ranMani phy?i?un ar Mm prinos. .lonn I>?ofii *>?
rummliM by ludga It due to lha City Priaon. for ?itoii
nation for HMnity; Mr. < ?nnm|h?m ranortad 10 ma al
nbout flrran oT?"ck, a few minuiaa 1 "t" the aaau araa
brought 'a ( oat .wioaor Nirlwlaoo ? am* la at lha Ulna,
h 't hn Mid let thr man rrmaia until morom*: iaar tlm
man a'lerwardf, hut <*onidare<. aim ou r ? littla lu
ebrialad. aari tnotight him (It lor lb? tw> d?-? houn> at
fi.ur n'elor* tbt" mor tog was lad l>f Mr. Klnlay, whi
aiatad (bat two nu n had li??n k> lad In tla Tnmbvfoiind
two man, IKawaa anl uiviii^r, lying on th? floor
blaaiing I'rofmriy the mri wre placad la cal!a and
, Ihnr ?i'iindr urraa*-! <.n>r*e li Hill, aiw.'bar praoBir,
i *aa ^col'l'kuillr nbot wlih ? pwtoi ball 9/ >m-ar 1 rana
I whl<e niM-iiiiiig iwaoran. (da Ml! ionic aftarl In lim r glr
1 cUvki*; >*W Utoorar siaio h* *eim?d iwrfactiy ra
I 111104!, and sa. j that bt till*<: tbo men Domiiiio Ibar
artuMd t" k it '"Tn. r*>i)??J.<- l>?iinr*n to be uudar tuo
?fTc t of lienor whrn rxamlolag Mm.
Ta? Gorwt hare iwi tbo Jnry Into th? call wbera
I mi vai wa* . nel: .* J and fouad Mm Mrappad down to
an iron bed'taail. Tharo arora aavvral ae?ara outs ?oU
ferulaat on hi* ben-l, bta rtrs. bnnd* and climbing war?
coreri H wilb blood, tod be appacred to b? suffcrtng
a??nralv frmn tan VMMC* which tn? oftcira hrd found
u??<.?*?*f to indict up?ii blm bafwia bo wu rei]'ic?d to
lub i>i?fon.
V'?a miM. lb'* man wa* than atamtptd, and d?;**?<l ? j
(I !i,?? -1 Mr\cil to iho Niroty-n'u b rut.innatt Vear :
Yo.it Vol micara, ls>tn|?ny A, Mid lira with nav moth r
at 162 ' r I5n It ant Twantjr atgbtU m oat, o -ar KillhtB
?va. 'a 1 tjoa I iba .*t u)i? hailigu?"1' w 1,1
nia of tbair a 1 it a 1 "ktr; 1 ?tr<irk Itm flr*lt iWtt 1 lIT*
It loth" oi^or on< . bnih w- id atrike ire, ' "** ,rrl ?
up ?i. tba 0 nrtta o' a bi.t.iarsl una, eb?Wo
*?it? b>'i.i|ci*' .,aa t ?r?ri"i ?o ooWd mfM'Mwlit't
?uW?>rablc l ?a*n??ar hi Mm I'liaf'1' a'jin 11.
Uvpvtj iXtacoMf Wcjatjr |Mi9i> &*** ? ?K>ra?l ??
umlnstkm of the wi rdjred moo. and gave It ?i hi*
opinion that their ajato.* were t*Ufod by blows irum 10
Iron liiatrnmont.
I tie ca*e was tb>n submitted to the jnry, wbo retired,
and ?fl?r a br;?l ,'b?>':iCo leiidnred a verdht m follow* ?
We floil tat .'?nib I Nlclhiutld ?u(i K>l??rd Kenoe ly mm*
to itieir feiiu by injuries from bi >w-i wiin an iron bar
at bo hiu < of john Dooovin, on the id djy of Decem
ber. 18tlt, ihc Oty PrUon
Coroner W lumann tbernupon put tbf? usual Interroga
torios to prisoner, who stalnil that lw was twenty t-hree
yoarH of ve, a soldier, roeldcd m We t Twenty olgblh
rirrvt, ,.nu ?iatt)>i fart bar ??? 1 una gulltv of the cb irge, '*
and aUdud, " if I ootid got pom'-u, 1 woul* poison myself
now."
Ihe Coroner committed tilro to await the actl >n of tM
(Jraud Jury a
Hoth tru l?n':il parties were natives of Ireland and
tweuiy p (jbt y^an of nje Kinn" y ?cw a ptor nun
dependent upon Ins rri*.;?la or ine public for a aupport*
He nvo ut js i!axie- ntr<<?t He had b.-nn committed bf
JuMlce Hogen the day previous for dig orderly conduct.
Justice Connolly comma t-cl McDonald !or io?aimy. The
latter lived iu or near Ha < ui, but uoihing furtiier con
cerulng .iim was a?nariiaih> d
Will.am (George wis I ? ked up on Thursday by JustltO
' Ho:an, nKttD? urisoa b>o'?s eh >v? tint tie *m twenty,
our yea i> o ind a nacre of Knii'ind. ite ?al 1 be
lived iu 1 batti&iu trot, b'H did cot ftive the num wer.
Ceorge w*h alirs up to a late b ur 1 ? at night, but there
is scMfcelr ji poBfillvllty er his recov ury.
THE sr. ALBANS HAIDERS.
They Apply Co the President for ? fWM*
port f<ir a tlMicuser to Uo Ttirtiuyh
llic likum to ItIrl?motnl ? Oirt ."*oS
( on?<'iiipiulr lt> iiirninK bf l"'ll|{iit l???
< it 11 ail a?Oplii ?? n of I lie Honireul Sf
ctsli Ormui, A''.
(l*p m the Sloiilrexl c i . Hp, Iter.. 1.1
Fundry It iters 1?hvc boc-n publi he.l reletlug to the sp
pliiliou ot I .Miientul \'cui; .... t h i omred s t" Mi
I xo Uenoy ibo (ioveraor <;enerut i. r a novorutneni me*,
sender to carry an . i>?o li.i. r and cumetile for I he in to
Richmond, to "enable mem to oblaVi fr<?tii thence tosti
mony matnri 1 t<r tneir devnee. '>u the 13tli proximo,
wbou ihe.r case again corona up boioro Judge Couriol.
The corro'ipoudeut.'e &U< > qowh ti.a' an ipplic .i?j lies
bfirn made in ilieir behalf t" I'rusident lane In f.ir a
pas?port lor a messauger to go mi in? same errand ^wo
presume lor tbo official vbomgl.t be allowed to no by
tbe (i vernor'. enerali, and a request IoJxt.I Lyon* to
use bla good offices to that ond was also made. We no
ttco that I.ieui Young further npk.s th.t in emu such
puS8|K>rt fttUDUl bo kf<\.c>< that IbB >IMtl glVWDttKl
may ilsell de*pai..u his loiter, which m enclosed and
open to examination, by :iag<f tn.ee nod byafedtral
courier.
We ioarn that no anewer has yet been received irom
tbo W'ashington authorities*. Ti ? reply of the Governor
Ueni.ai show* thai h? declines to rant the application
i. i.im A yuebec c< ircepcuieni o: u lorooto paper,
Nayu tbat tb< reason f'?r svti refusal is tb it toe tiover
nor (ieuornl did not regard tho evidence a* mate'lal and
considered that ir here. It would oe " oi no consequouce"
and could nut sl.oct the caw and could ooly he
oflered in tho United stales courts ui?u tbe
trial of thn accused there Wo cannot sup
>oao that any such cousidoruli'm influenced the refusal
by his Kxcel'eney Tl.eqt.e'tion as to Ibo admissibility,
lonterlaltty, conscqueuce and ellecl of thn lenlimouy
:,on?l.t lor, i an my h.? p*o|.<-ri; decided when iho ovt
deu e iH obtained and < ifered I the court, and it la puie
lv and exclusively a. judicial question Wo bam not the
shadow of a doubt tl'.'U bH r xcelleucy has not given and
will not p!ve ativ such decision in advance of the recoipl
of vh? evi lence, nod until the case comes beloie liuu, ir
i. alumni cotne b'dore h n, to rt-enle.
Tbo vo y <)i)68tKiu I" bo <1?cnlf*d i'w limine is, 1* tn?
olVuco proved o which m named lu the extradition
l(. aty" Mjw, an act of war is uot on? ol lb se things,
' whether it be ineurrec' onnry, or civil or foreigu war.
A borni Mo may be inu.aer, bit it may bo aocideetal or
in ?e't dei< nee. i'onii any . Uf mean to say that If evi
dence were <.|lered "> ibow thn kiili?e to br> unmistikabiy
enter ol thru- latter, the mnl.'riic would *?*nd tlin
purl) lojml. r i coioner's Jury i.ut relieve bun oi guilt
by iheii vlrdi. t :i would be ur netrou*. wild c oar and
mimi takai.it evidence tendered or put In, showing a
party to b ? gu:itierp'. to send inui to jmh to await his trul
and farm a 1 h rilttal. <f. men, a oomm.ning luaglstratn
must look lo ibe^e distinctions in ca-e of an ordinary
comm.tincut, if, >n aumilting io bail, ue receive* sn<l
wcubJ ev idence dco; enii g or mitigating tbe dogrenn
of guilt, can it !? j jrg?d that i .mdgo in an extradition
rase may not consi'ter whollar un act be an act of Uwtul
war or murder and robhery? It m Cieany a duty In re
ceive and coneidor nvtdnnce on thia pedut in the prennnl
cir?v If precstoly Ibii act bad b??o com to it led m I'eun
?jivania by a party going d,.ect from Klchm. nU; v II
nad been cfmni'.ttcd by tnnsn men wl.eii In Uh?
e?*?, wo they came to t'anaia, If ibo pn<?uers noer
in the TtilUtary prison at Sandusky wern to rite, and
ov?rpow>:rinj tb?ir keepers, wnre to do ma name tblug.
I tnen would it be utg?d thai iu tnat case iho judge and
liie govetnment could not and would not wait to receivn
5 or look at evidence showing ilw act to be one ol *arf
Surely tliHt wee a simple absurdity. For lb?n any
' C"nfod"rale soldier In our otrofia wliocanb'pr ved to
have killed a roderai In a skirmish, or robbed a bouse Uk
I an utlack ou a town in fel?ral occupation could hn
arrested and, noil! back to ihe I oiled rfi lies under
the ashbiirton treaty I Wh i, then, becomes of tie
boasted rlsht of a?ylumv And yet tbe ( rim iplo govern
In; tho rec. pti m w evidence m the i reliramary inve?t:gn
liuu must be precisely tbe i.anie in all tuei-e cases,
whether lor au act done on the march into f'euuxyiV n.ia
fr. ro \irgiu.i. or during tbe raid on St Albans Their
killing, ijik rp'ained, w.njid be in^riler In . itber
ca-e, the plun'ler would also oe robtwrv. unless es
plained by pro. f of a siale o^ war and order* of ?
niii'<*ry h" per lor. 1" exclude, ?s a uiatur ot
principle, sil such evldom... iu tbe one c?.-e, muit excludn
li in tt.e otb. r. Hut, ? me maj say? .ven so. even if all
wee thus given nv. What harm would b>* d"iie. seeing
tb t they in .st be he:.I by tbe le lerai government as
prisoners of wur? fh'-y c.tinot b? p.inlshei for the
c.v il oi'etice, if pre; area to or ve before tbec- nrts iber?
their bel lger?ncy. In.t may be very true, but by wuat
rieht are we to eaten pn?. nnrs . f war for thn
federal government f Surely it were tbe bright of ab
surdity. us well as a breach of neutrality, to strain a
treaty and the law to cover o: encos obviously uever con
templated by their framere in order to hand over ' on
iterate soliiere, oven ae prisoners of war, to tbn
federal coverutnn.it. Nay, if the fedcra s really wo..!?t
r.'gard these m. n as prisonern of war, when rtellvered
into their bands, ihal would furLisn tbe most un
answerible pr'.ol ti.nt we ?re nat called np?n to
giv? Itic-m np?that they ready do not com* within
tbe In b intent uud meaning ol the treaty. Aud
literal re cmnuion senso teaches th?t tbat is a point to
bo settled at tbe preli'i.lnary ? xatn nation, see:ng tbat If
ae.|ultt?d id civil i rune they would not l>e set free to
C'tno ba. k hitler, nor co.ud we reclaim tb.-m. We
argued In Isvor of re< elvin* and we.gh.ng Hgplanatory
at d sictilpatorv evidence in the case of Anderson W?
were c nv ueed ot the justice oi tbst ccurse tbeo.
We cannt I no r sc? auy came to change our viewt
of a losnl .p.esiion because lbs prisor ers are not
black slave*, but white soldiers Wn >w? it to thecomtir
.if dui ion.- acruiuloiitly to result tbe fa.tb ot * treaties;
we owe n to me c.u?e of liberty an I humanity, to ihn
Krnisb uame and tbe honor ot oar Hag, to maintain If.#
r i.!it of a?yl'iui?to our dwo self-respect, not t?
be bullied ..r t.ad^ered Into violating It. S ine writers
seem to regard only treaty .Igbn, and lorget the national
honor eoiue on ?* national io?nt.r, inrcetilim treaiy rights.
Web pe that neither will be lorgoiten by ihe courts or
gnverament. .
W? cat tind a sailsiaclory vindication of this rerusil
by the Governor Usneral to send ? me'Scnger in the pro
b-biliiy tbet if the req ie-t hud been allowed, it would
have been a leged by parties in Ihe United Slates anxious
In get up s dl ' cuttv with ' aonda. enal th? pn-vidio* an
o'licisl messenger beinre a psasport wss procured was
an oflence to the United Hian* and It might bsvs
or ale<j rrmnu with the Washington goverr ment^
which it i- well sb.'tild be avoided. Tho res|ionsihllity
of rsfu?lng or sr. rdlng l.teutshsbt Voung s request, as
th - esssnow stanS', reels ejcinslveiy with Mr I.locoin.
A refusal io allow ibe prlsonees an) opportunity to pro
sure the r te?iun?nv may afford ground tor a further
poSl|? ueinsnl.
AB-CKDItr Of THKIS OSFSHCIt.
There is one i>art of the petition or tbs Confederals
prisoners wbicn bad been belter ..milted as It seems to
ue. which could have bardty erepi in without the advice
of counsel, who felt it proper to declare all Ibloga oec-s
sary for ibsir case. Tney say tbat is attacking R.
Albans with a score of men tbey did not enntem
plate reluming by llllbl inio t'anada Nns, in ths
name or common snnse, where di?l ihsy intend to go?
Te mnqner Vermvni. hold, ccc;py and ravags ?tr t*
were ths peopis io rise and weic?ime ibnw* Or wsra
Ibey with so large a fores u> light their way through to
tbe Virginia rrontierf or through New Msmpsbire and
Maine Into *ew Brunswick? Ihis a-aertme ssasss ausrly
absurd ui en ihs face of II And to tbat istesttos of flight
back into Canada .eves more perhaps than is tbs ssaansr
tbey left II) consisted tbs-r sffet.es agaisst ear hospi
tality, if not against our neutrality laws. Ws are by ns
means sure tbst ibis will sot serve to sstsblisb their
erlmissiilv according to onr laws, if thsy bavs broken
Ibeto, we bops to sse tbem puni?hel for it: bet our gov
ernment Will lea* s no stone unturned to enforce ;hes ? laws
agsiust all wbo, bavisg taben rafuge and received pre
teelios here, engags is such sxpsdltlons. Whatever err
sympathies may be, however much ws may feel thai
atrocities in ths Shenandoah vnliny sod elsewhere jusWf
harrying reprisals, we would yet keep good fslth with tbe
federal goveramcnt, and sstores the uw egainst s- y
wbo attempt to use rati ad tan territory as a base tor Hos
tile operations against our oslghbors.
Tha Op*r?.
Tba fourth praaaatatioa of Poo -<aSa?itano Imi oigbt la.
4test*) ih? |ro?ing ;>opolaM7 of ib<? r?pfro la tba moat
uomiatakabia minnar Tba waaibar tm not propltloua,
jat tM hou*a ar*a arowdad. rba approbatsoa or tha
?iMl aec??M ?IMI mora poaltlvaly roaoifaatM thin oa
i tor pranaua occaaloo. Tba eonapicuoua firm la tha
aiwir war* thoroughly apiraetatod ?ed raralvaa a fni
maaa<ira of applauaa. Tbara cannot ba mucb doubt that
Ibia npara will prova a rootlauad aucraaa. It aaem; t?
Win gradually mora and mora upon tba public tba oftaner
it la produrad fba >ai?raa? of tba atory, tba axcallcDcattT
ib? ni'flo, aad tba highly dramatic ineidanta wbeh par
r*da tb<* whi-|a fnrui a faaeiaatlng combination which If
irreaiatiMa, and in a maaaura roba tba laeaor of bit
priviiam to oriil i*a aarb trifling faaita a* map ?*i?t 'd
tba work* The op?ra will ba gltao to night fa BrTtofclyn
for tba tlr?t Unto without any change In caat.coaiumo
or mcnory, au4 will a<> daubi ba ?ary fall? huweolatf4
bf U?? paopta uf taa? cliy.

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