Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 5 February 1863 — Page 1

Page PDF (10.50 MB)

Back to issue view

Jercraia.il JCeeiiev, I

Enmm ASD PUBLISH IC*.

BILL OF PRICESr

FOR

1 A E I S I N

AND

JOB PRINTIN

Quarter column 3 weeks, 2

K' W .MS

Half

.•

,fl year

Qae 1 month, 2 months, S

"'4 $

i« j. year, Card, 1 6 month?

stnod. "5-

the

10.00

-1 month, 8*®® 2 months, 10,00 .« 12.00 4

••••. 6

V.xiract from a letter on the Baltic Field..,

Ti»ible design and upon military principles. The

amusement of our corpse overlooking

lion Of the commanding General—the sending into

Iction the right and

left

of the center, and final

ing admiration, and carries the mind to the great 1Q?

fields of Austerlitz and Wagram. fought by Xa- ^J|

poleon. Of all ibis I have spoken. The

history of such a conflict, purchased hv the life jn^G

andbload of twenty thousand men, must be fcund in the hospitals. War has its glorias but it has

its ten thousand demons in these himan l£rci»

that make the eye-balls ache-the heart Vlee QUt dy

the lips palsy, and the brain reel.

first perfectly nncndarable. The

T.—1860—X." Anything alleviating

sufferings

and saviug tbe lives of our soldiers niay

a national blessing. I witnessed some a?tonishing remits from this article.

"It is well known that the effect of burnt gun-

powder and excitement is thir*t,

which

added to

the loss of blood in the wonnded, creates tho ne-

are most numerous here—this division having

opened the fight at 5 in the morning—the men

were mostly composed, and there

rior

S. T.—1860—X being a secret ingredient, not yet

revealed to the public. It is principally recom-

mended for of appetite, disordered liver, in- y0Ur

termitient fevers, stomach difficulties, ic, I an- jav

derstand it was somewhat known in the Southern States previous to the war, and it appears an ageni of Jefferson Davit recently applied to the proprietors for the priTilege to make it for hospital purposes during the war, to which they made the following reply

Mr.

General Orders, Sto. 11. ADJUTANT GENERAL'S OFFICE, Indianapolis, Jan. 26th. 1S63.) EXCHANGE OF PAROLED PRISONERS. General Orders No. 10, issued by the War Department, announcing a further exchange of prisoners of war. are published for the information of all con!cerned:

GKNF.RAT. ORDERS. NO. 10.

1.1863.

divisions—th* closing up

success—excite?

bewilder-

from

cessity of a reviving stimulent. In this particn- mail Or otherwise. lar hospital, the physicians were allowing their:

patients to drink Plantation Bitters, otherwise called S 1860 X, and although the wounded

was

very little

fainting. The article acts upon the stomach and

nerres in most incomprehensible manner, rope-j

to brandy, and without subsequent etnpefying y0n

reaction. It originated in the West Indies, com-!

posed of the celebrated Calisaya Bark, Roots, are

Heibs, &c. all preserved in St. Croix Rnm—the

VEW YORK, Jan. WTH, 1S62.

Agent of, etc.:

Dear Sir,—In reply to your communication, off- jjQ gayS"

hospital purposes during the war," we beg to say

Your toriee is a liberal one, considering it would

cost us nothing to comply, and that otherwise we can derive co revenue from the Southern States but air, our duties to our Government and our idea* of consistency would not allow as to enter-: t» it, although it might please us to assnage the sufferings ot your misguided followers.

We remain Very respectfully voare. P. H- DRAKE & CO.

These genlleaen give the history of certain ingredients of their article for over two hundred veaTS—showing that through all changes of the medical profession and its practitioners, strength, composur and cheerfulness have been derived from these sourees. Dr. Woods in the Washing

ton Hospitals informed me that one patient was

fast sinking and craxy, and had not slept an hour

r{ gathering in Sc.

Yearly Advertisine, War Department, Adjt. Gens. Office,) Washington, Jan. 10th, 1863. o00 I. The following officers arid men -rr have been declared duly exchanged as thorize the President of the United

4 lU.UU 4 iJUve Owl! UWliUCU UUM C.UIIOII^VU 6

11,00

year is,JJ ,nent

November 19, 1862:

1300l

a a

20,00

8.00 5,00

AH the above advertisements subect to semi-an nfcal change, at the game rate?. All Public Sales, Transier*

Advertisements,

ic..

fl per square, for first insertion aud 25 us. for each additional insertion.

lg62.

sig

i. still trickling awny in silent ealmnewpwh.le

But ye mothers who here seek a son— a*husband—or sisters a brother—or sons a miner —know and be consoled that even here the hand of mcrcv is watchful, and better care is bestowed

upon your loved ones than xuight at first seem

mythical words so often seen and so little under-

M»W»a maniac ta... of Mtaj. virtue 0

"jon

prisoners of war, sine© the announce-1 bl&tes, tinder tbe condition of the Con-

1. All the officers and enlisted men

15^00 who "were delivered at Citj* Point, a.. 25)00.from the 11th of November, 1862, to 1 6 0 0

1 8 6 3

is)oo 2. All officers and enlisted men cap-

tared at Harper's herrv.

26.00 ... -Ifl.OO

3. All officers and enlisted men paroled at Winchester, November 15 and 26. 1862, and December 1, 1862.

Thii battle (Antictam) has been the most san .... -uinary of the war, and the only one fought with

6. All captures of officers 1 camp fo Kansas, Arkansas, New Mexico, Texas.

men 'and camp followers, in Missouri, j^

Arizona,

and

will report forthwith, to the un-

dersigned, at- his office, so that they

forwarded to their pOStS Of

.» Transportation passes necessary to

com

p)y

with this Order,

!tUnited

Louisiana, up to Januan

pori-• All Captures of officers, enlisted

men, and camp followers, in Kentucky,

Tennessee, Mississippi. Alabama, South

Carolina, and Florida, up to December

cuptnrCS

heart

gUJf coas

Can

prultc[ jwme of freeman,

TRI0XISM,

Qn *ue 03d

.m SprUrioar tas not JdT- COOolien, robblDg the •rsor. IJivi* ia tatrgj, ud adopted tbis tnvalna-1 pOOple of what stores Ol prOMble article in all our hospitaL«. The weak soldiers sions^ they have, driving OH their Stock, cling to it like.* brother. Asa lay member, stealing horses, and carrying away can bear witness it is "good to Uke," and affords moro energy and life than anything ever tried. »iccess to the Plantation Rittors.

In my ncxi I sb-all speak

th®

the sea. the Sea

(Sj

the waters flowing

the same, up to December lOtll,

paroled trOGpS herein de-

{r, be exchanged, will be, with-

jorwar^tj

Iiai

equipped" for the field and

j,e

arm

bcloi iTOi

ies to which they

pOStS

camps wherever

collected. All officers and

.olCi ,-ill.

a father] with their proper commands. .{ Bv order of the Secretary of War: E. I). TOWN SEND,

camp)

being

I10

,v that they are ex-

'changed, immcUatel}7 return to duty

Assistant Adjutant General.'

be procured

{j,0 Adjutant General

IVIUAVA

Military'

£oniman(}ant at this Post, on applica-

KOI DIERS AT HOME.'

IlaVC

TOU

ever thought

and

'years, of being returned as

reported

the ClTCCt

on you and on your honor in after

DESERTERS,

the records of the

War Department, and of your Own

State? Reflect for a moment! Are

willing to bear through life,

I^nd

to entail upon your family after you

dea(J3 the disgrace of being A

pERXKR

DE-

Your pride of manhood, the

HONOR

aild

PA-

ALL urge yOU to return tO

p0St of duty, without further de-

anc}

before

Ac. I un

it is

tOO

late.

By order of the Governor LAZ. NOBLE, Adjt. Gen. Ind.

locusts Coming This Year, Joseph Harris writes to the St.Claireville (Ohio) Chronicle that the locust6 •will be on hand this year, it being the

seventeenth sincetheir last appearance.

Pharoah locaBte made their 6rst

appearance on the wing May la,

lo4b,

commenced singing: On the

31st commenced boring the trees and laying eggs June 6, commenced dying the males first. On the 25th all dead. (Taken from notes taken on above dates.)

This year there will be loeusts in abundance. Prepare your small trees, by tying them up with straw for twen-ty-five days, and you are safe if you do it right.

hM Rebels in Kentackjv The rebels are again committing great outrages in Bath, JRowan, Mor-

...,. ... fran, MagwSHn', Breathitt, and Johnson

for two weektf, until the Plantation Bitters came 1 1

counties, Ky. The rebel cavalry from

neighborhood of Cambered Gap

I whatever suits them.

I-"5est

8^,Grant is gathering his forces in I Now one of two things must be true: front of Vicksburg for a final effort.—! either that the Constitution authorizes

But I ha. digressed^ The rebels are also mating the great- Congress orthe President under certain bfised "upon the analogy of^the British #NiroiEMCS.

exertion? fo hold the plaee. eircumstancef

safety may requii-e it without stating by whom or by what department of the General Government it was to be effected. This wo are left to infer from the nature of the .act to be performed, and from the duties assigned to and powers conferred upon tho different departments of the Federal Government.

privilege directly and by its own force but to confer power on the "President to do so. Indeed, I am utterly at a loss to conceive how Congress can directly exert this power. They could only deny this privilege to individuals by name, or in general terms. Congress by law might enact that all persons charged with certain specified offenses, for a certain time and within certain districts, should be denied the privileges of the writ. .That would lead to inextricable confusion, and defeat the very object of this clause of tho Constitution. Congress could not' gpecify all tho persons to whom this privilege should be denied nor could they specify all the offenses which might be committed in aid of the invasion or rebellion, or which might, endanger the public safety. It is to avoid this very difficulty that all the statutes passed by the English Parliament on this subject refer their execution to the king, or to some one of his ministers and the bill now^under consideration undertakes to confer upon the President a power which Congress cannot, frpm its very nature, ever execute.

The "Onion, in any event.

Senate of the United States, December 18,1862. The Senate having resumed the consideration of the bill to provide for the discharge of State prisoners and others, and to authorize the judges of the United States courts to take bailor recognizance.' to secure the trial of the same, Mr. LAKE said:

MR. PRESIDENT: The bill under consideration contemplates a provision for the release of political prisoners under certain circumstances, and also to au-

"General Orders," No. 191, of jstitution, to suspend the writ of habeas

VOL: XV-NO. 21. CRAWFORDSVILLE, IND., FEB. 5, 1863. {WHOLE N0?756 THE JOURNAL.

Mr. President, in tho few remarks

po\ver to suspend the privilege of the writ of habeas corpus was. by the Constitution. confided to th$ President of the United States. The opinion then expressed has been strengthened by m}subsequent reflection and investigation. At that time but little had been said or

SPEKCII of Hen. 11GXRT S. LAKE, of the writ of habeas corpus, for none or Indiana, on the Discharge or §tate Prisoners, delivered in the

roled bv Colonel Imboden November!^tates which are justifiable, and acts!pealed to. He determines the time from identity there is scarcely a single 9 1%9 I which are excusable. All the political! when the public safety requires the ex- point of resemblance. It is not now 5 All officers and enlisted men pa-'arrests which the President of the ecution of the law, whether rebellion necessary to enlarge upon this diversi-

terra-

rr lorl -t (v Wl Imvmirrl, Mav 29 States, in the discharge of his or invasion exists in fact, he does un'186° and'delivcred at Washington NI I5^'01*0 has made. I justify and der this bill precisely what, in my had conferred uppn the President all

a (defend, in the widest and broadest sense judgment-, he has full authority to do: the vast and varied powers of the king *6° VM* captures of officers enlisted j°^

American jnrisprud to refer to Horace Binncy. Reverd}- on style and arrangement.

posribic. it was ic the hospital, where rested the _A1] officers and soldiers of Indiana 1 Johnson, and our present able and dis- ot's Debates, 295.) Their duties were is a co-ordinate branch of tho General alant Hooker, that I learned the history of those regiments or batteries, absent^ from tinguished Attorney General all of to arrange the ai tides and revise the Government, and within tho sphere of whom most ably maintain that tho

The privilege of the writ of lating the power of the judiciary. No corpus is a personal right pertaining to one believes that. That proposition the individual. It is the right to be would involve the absurdity of requirbailed, tried, or discharged without un- ing a judge to issue a writ for the purnecessary delay. The denial or sus- jpose of disobeying it himself. pension of this right is, in my judg- The history of the action of theFedment, an executive act, and is not, un- oral convention on the subject of the der our Constitution, the proper sob- habeas corpus clausc shows to my mind, ject of legislative action. The bill un- most conclusively, that the convention der consideration so regards it. The1 did not grant and did not intend to bill does not propose to suspend this grant to Congress the power to uus-

«wpond-fhe privileges

will contcnd that this power is conferred upon the judiciary. If this power is conferred upon Congress, Congress alone can exercise it. Congress has no right to part with any of its legal or constitutional powers and to bestow

corpus. If any such legislation be pro- This power cannot be exercised con- fore, Congress alone can suspend the per and constitutional, the provisions'jointly by the President and Congress. writ here. This argument would be of the bill seem aptly drawn to effect Their functions are separate and dis- worth something if the unwritten conthe object. I believe, however, that no tinct. The exercise of this power un- Jstitution of England conferred precisesuch legislation is either proper or con- der the Constitution implies that the lj- the same powers and enjoined prestitutional: that it is an improper inter-1 department exercising it has cogni-! cisely the same duties upon the king ference with the duties and powers of-znnce of the fact that invasion or re- that our written Constitution confers the executive office. hellion exists, and the further fact that on our President, and if the powers

I shall attempt no fineh* drawn dis- the public safety demands its exercise, and duties of the British Parliament Unctions upon this occasion between The bill before us leives its execution and the American Congress were the acts of the President of the United to the President. His discretion is ap-. same but such is not the case. So far

which I had the honor to submit to the the, power of Congress aiid referring to other powers conferred upon him, I Senate at the extra session in answer legislative matters alone. It will be infer that this power was also conferto a Senator from Kentucky, the late seen by reading that section that there'red. His oath requires him to preVicc President of the United States. I |are two clauses in it directlj* limiting!serve, protect, and defend the Constitoolc the position that the right and the power of the President—first, injtution. This he swears to do and they 'relation to drawing money from the must have given to him power to re-

written in this country on the subject laid in our interpretation of the Consti- only way. It is his sacred and imperthe public attention had not been di-jtution by looking to the place in that ativc duty to take care that the laws rected to it: but since then a flood of instrument where any clause is insert-) be faithfully executed. In order to do light has been poured upon it bythejed for it is known to all that after! this effectually he must possess the most brilliant living luminaries in the Constitution was agreed upon in power contended for. ,** ence. I need onty convention, a committee was appointed But, Mr. Presid

power to suspend the privilege of the haps, as good as any other, but thej* in Congress and the judiciary, the sole writ of habeas corpus belongs, under the almost every article and section bro't, judge of his own powers, accountable Constitution, to the President, and to together provisions on different sub-j to only God and the people. Any othhim alone. The ninth scction of the jjccts and pertaining to different depart- er construction would dostroy the harfirst article of tbe Constitution express- ments of the General Government. mony of the Constitution, and the digly states under what circumstances the The habeas corpus clause was intro- nity and independence of the Exccujduced.by Gouverr.eur Morris, anditive. The President takes an oath to

pend tho privilege of the writ. We find from Elliot's debates that the shape in which $is matter was first presented to the convention by Gen. Pinckney was this: "The Legislature shall pass no law on the subject of religion, nor touching nor abridging tho liberty of the press, nor shall the privilege of kabfa* corpu*

them upon another department. Such had that writ in view when the clause action would be clearly unconstitution- under discussion was placed in the al. The President either possesses this Constitution. So far this doubtless is power under the Constitution or he jail true. Then we are further told does not. If he already possesses it that in England the king cannot susthe bill before us is idle and void. If pond the benefit of the writ and, hedoes not possess it the bill, if passed, therefore, the President cannot do it would not confer it upon him for an act here. We are further told that in Enof Congress cannot enlarge or abridge gland Parliament alone can suspend the powers of tho President. the privileges of the writ and, tnere-

Nay, more, I Relieve under the Constitution of the United of Great Britain, they might have well

President, if he had not made States,. hesitated to confer this additional pow-

those arrests under the circumstances An argument is drawn against the er but inasmuch as they limited the under which they were made, would right of the President to exercise this duration of his office, and defined his

have been unworthy of the.high posi-j power from the assumed fact that the duties and powers, leaving but slight jtion of our individual and our nationI tion he occupies, and recreant to his provision in reference to the writ of margin for discretion or abuse in either, al existance. In the exercise ot this duty to the Constitution and the coun-j habeas corpus occurs in the ninth sec-| I see no danger in giving to bim this right these arrests have been made try.* tion of the first article of tho Constitu-. authority and. from the nature of his Now, Mr. President, to come to the

Treasury and, Recondly, in reference deem his pledge. The suspension of to titles of nobility. If there are two the privileges of the writ of habeas corclauses in the section which do not a?id pus may be the most effective way posganhot by any possibility ayily to tbejsible in which the President can fulfil powers of Congress, why may not ajhis oath of office nay, more, under third exist? "Wo can derive butslightj certain circumstances it maybe the

style. Their arrangement was. per- his powers he is alike independent of

privilege of the writ of habeas corpus[^duced by Gouverr.eur Morris, andjtive. The President takes an oath to thorities of that State. I read first, may be suspended, to-wit: when, in ca-} adopted by the convention as an, preserve the Constitution and to faith- from the House journal of the session ses of rebellion or invasion, the public amendment to and part of the fourth fully perform the duties of his offico.'

section of the eleventh article of the The first, highest, most sacred, most Constitution.' (See Elliot's Debates, imperative duty which be owes to the 229.) That section had reference sole- country is to suppress the present most Ij'to the judicial power of the United causeless and terrible rtHjellion. In States so that if the argument drawn the discharge of that duty he has alfrom mere position is good for anything'ready suspended the privilege of the it would prove that this power is to be writ of habeas corpus, believing that he exercised by the judiciary, because it: had full power to do so. And had he originally occurred in a section regu-j not a sufficient reason for his belief?

ever he abridged, except in ease of re

bellion or invasion."

Again, Gen. Pinckney moved in convention the following: "The privileges and benefits of the writ of habeat carptu

shall be enjoyed in this Government in

the most expeditious manner, and shall not be suspended by the Legislature except on the most urgent occasions, and for a limited time."

In both of these clauses it will be seen that the word ''legislature" was u§ed. Both these propositions failed, and the clause aa it now stands was inserted, in which no reference is made to Congress or the Legislature and gentlemen still contend that this power is conferred upon Congress. Th&convention refused to confer this power upon Congress when the proposition was plainly presented and do you suppose they intended by their silence to do that which they had positively refused to do by their votes? "There is another class of arguments

ments, although plausible andspecious, are nevertheless fallacious." We are told, first, that we derive our laws aDd institutions mainly from England that the writ of habeas corpus ad subjiciendum was a well-known English writ, and that the framers of the Constitution

tv. If the framers of tho Constitution

tion of the first article of tho Constitu-. authority, and, from the nature of his Now, Mr. President, to 1 tion, containing only restrictions upon oath, and the duties of his office, and individual cases in which the right to

President, let us take anoth-

(See Elli- er view of this matter. The President

He had taken the opinion of the Attorney General on the subject, had doubtless read the opinions of the other eminent citizens and distinguished lawyers to whom I have referred. And after all, sir, there was nothing so verywrong in the declaration of General Jackson, that his oath bound him to support the Constitution as he understood it. All must obey the Constitution in that light, and can obey it in no other. The oath of offico binds the conscicnce of the President, and does not act upon the conscience of another.

Gentlemen speak of the Presidents usurpation of authority. Tho Constitutioif authorizes the suspension of the privileges of the writ of habeas corpus, without saying in express terms who shall exercise that authority. The President has done it. It is an accomplished fact, and cannot be undone.— Suppose we now say that, in our opinion, the authority is given to Congress, can we change bis convictions of duty or control his actions? Such a course will only bring about a conflict of authority between Congress and the President, and weaken the power of both. Let us strengthen the national arm now raised to crush this mighty rebellion. This is no time to raise issues with the President upon doubtful points, to quibble over technicalities and forms. Let us bend bur mightiest energies to the prosecution of thiff great work, the maintenance of the Union. We have

no strength to waste in idle disputes in

CAnsfiWi^trto our argu-lto his power to make military arrests. »i, heroic '-so !n the historr of th-

Terms

this hour of the nations extremestj ernment. The distinguished Senator P®rjl. from Delaware, [Mr. SAULSBURT,] the Having disposed of the power of other day, put this interrogatory .19 Jay. the

President to suspend the privilege' colleaguehabeds corpus, Tnow come „k

*1 SO PER TEAR IN ADVANCE OO WITHIN THE YEAR.

The power of the President to use military force to make arrests to aid in putting down insurrection or rebellion has been decided by- the Supreme Court in the case of Martin Luther vs. Captain Child and others,* reported in 7 Howard's Reports, 44—a case growing out of the Dorr rebellion. The acts of 1795 and 1807 expressly authorize these arrests, but do not more than reaffirm authority already granted in the Constitution of the "United States. Those acts place the military force at his disposal for the suppression of rebellion, giving him full discretion as to when and how he would use that force. In my opinion, he has the same right to use the military force to arrest a traitor or a rebel sympathizer In the North as he has to use the military forca tocmah a rebel in arms against tbe Government. It is left to his discretion, and when the discretion is exercised, and honestly exercised, it is the subject of no supervision or control by any other department of the Government.

I argue, then, this right to make these military arrests, not only from the powers directly conferred and duties enjoined in the Constitution of the United States, butlargue the existence of the power from the great right of self-preservation, the great law of selfdefense, known and recognized everywhere. If it were written in no lawbook, if it were placed in no constitution, it is placed by the finger of God

__ upon every human heart as a condi-

arrest political prisoners has been exercised by the President, I shall speak first of the arrests made in the State of Delaware, for they have been most loudly complained of and most bitterly denounced and I shall proceed to show 3-0U that the President had ample reason to believe that treason existed in the State of Delaware, that many of her citizens were disloyal to the Govenment in this hour of trial.— Tn approaching the statements and positions of gentlemen,! shall not transcend the limit of personal courtesy or parliamentary decorum. I have nothing to do with the motives of Senators upon this floor or citizens of Delaware. Their motives are left" to the adjudication of a higher power. I appeal to facts known of all men, recorded facts, which will not and cannot bo disputed.

Sir. what was the condition of affairs in Delaware at the time when the first arrests were made? I proceed to show you, from the journals of the House of Representatives of Delaware, what was the action of the constituted au-

1 A

of 1861, an extract from the mossageof the Governor o£ the State, in which this remarkable clause appears. "It is the desire of Hon. H.-Dickinson to address yon in reference to his duty as commissioner. It is with you to determine whether you will agree to his proposition or not. In my opinion, it is due to him and his State that he should be heard. It is unnecessary that

should repeat the causes

that have brought the gentlemen from our sister States to confer with us, and

only suggest it as

a foreboding of the calamities awaiting us in the future, unless some speedy action be taken to arrest the canses, and check the further spread of this fierce spirit of dissolution and

think it

incumbent upon every State of this Confederacy to use all means in her power to accomplish that object. They have, so far, failed to avail anything through their Representatives in Congress^ and the people, in th«ir sovereign power, are now looked to to discharge this important trust.

therefore reecommend the calling of a State convention, for the people of this State to decide upon what course they will pursue."

Recommending to the people of Delewaro precisely what had taken place in all tbe seceded States inviting them to take the first step in^that pathway that has led to all the horrors of secession and rebellion, Why the ne? ,. cessity of calling a State convention at this particular junction of affair#?.,, Sir, it was because Georgia, Mississippi pi, and Alabama had sent their accredited agents to the Governors of all the slave States. Was it proper in the Governor of a sovereign State to listen to these overtures of treason, and recommend to the Legislature that these ministers of secession and apostles ofc treason should be hoard before the Legislature of Deleware? But itstops^ not here. The Legislature of Deleware, as will be seen by reference to another part of the same journal,^ passed a resolution inviting these em-i» issaries of treason to appear before thar:. Legislature, and to poison public sentimcnt in the State of Delaware.—g Then,wo haveihe action of theGov'r the action of the Legislature going to

I think, conclusively,

sbowras I think, conclusively, t&eir

wan

of fidelity to the General Gov-