Indiana State Sentinel, Volume 23, Number 11, Indianapolis, Marion County, 17 August 1863 — Page 2

WEEKLY SENTINEL.

MONDAY, AUGUST 17. sibary lrctic. His Excellency, O. P. Moetox, exhibits great fitUocUt genius. He has disbursed about two haudred sdJ tweoty thousand doli out of a hucdrad thousand dollars appropri-ttion.' A gen tlemiQ who manifests such financial ability should have charge of the national finances. Ä e .-A Queer Comparison The editor of the eoort organ occaaionally - compares oar Government with that of Jar. Dati, and because it is not st oppressive tu the citiMn be therefore claims that the people of the United 8uts hare do cause or right to complain of the tnal-ad ministration, corruption end despotic seta of the party in power. The argument amount to this, tbe lesser crimes shoald be tolerated became larger are committed. Republicans may, but Democrat ' do not propose to make tbe Southern Confed eracy the standard by which onr own Ooveroment shall be judged. The rebel taxation may be double or treble our own, but because it is SO that is no justification for the party in power imposing unnecessary burdens upon the people. The President in hi recent letter to Gov.'Srriiot fall into similar error. Hestys."we are contending with an enemy who. as I understand, drives every able bodied man he can reach into "his ranks. Tery much as a butcher drive bullocks into a slaughter pen." And because . our enemy commits these acts of conceded wrong, bence we must drive our 0n people "very much as a butcher drires bollocks into a slaughter pen. We are fighting for the overthrow of the rebellion not merely to maintain the boundaries of tbe old Union, but because we believe that the goTernmect trpoa . which that Union was based is tbe heat calculated for individual happiness, personal liberty and national prosperity. If the rebel Government is despotic and oppreeeire, it is no excuso for the exercise of arbitrary power or the imposition of oppressive taxation by our own. But the. editor of the court organ proclaims to the people that they must not object to the corruptions of tbe party in power, even if. they do Mil with a heavy hand upon them, for the reason that if they lived- under the iron rule of Jirr. Davis they would have tili greater , bnrdrns to bear. Such comparisons may uit tbe men who are fattening upon the corruptions of the party in power, but the plain people of the country can not appreciate the srgutneut. The Slnklns; Fand. Tbe court orgau. representing tbe interests of O. P. M. and company, has had a good deal to say lately about the Siuking Fund Upon that matter, as it is snd has been upon all questions it discusses, it is full of misapprehensions and misrepresentations. -The Möbtoiute are so in tensely partisan that it is impossible for them to discuss any public question fairly and honestly. A 1 aw was passed by the Legislature, March I , 1859, directing the distribution of the- Sinking Fund, pro raU. among the several counties of this Bute. ' The policy of this law was not only questioned, but it met the opposition of all who had been connected with the management of this fund. Tbe maimer principal ground of oppositioa was, that the funds which had been distribu. icd to counties had been squandered or lost, and the fear was expressed that the magnificent fuud which bad been accumulated for educational purposes would share a similar fate under the distribution law of 1S59. If we are not mistaken, such were the views entertained by Oen. Dcmost, Mr. IT xwcoxa. Mr. Jak il. Rat. and, without 'further enumeration, tbe other gentlemen who have bad charge of the Sinking Fund. Let us briefly examine the facts iu the case. The present Hoard of Com milkmen came into office about the first of February last. The old board banded over to the new about $261,000 in money, or its equivalent. Of this amount about $124,000 was in tbe hands of ;Wl5stow, La51U ts, Co, of New York City, wpon which tbe fund is receiving four per cent.interes t. Including this deposit the money now on hand is about $13S,0'K), an increase of $195,0W since the preiit board cane into office. Tbe old board, just before the inauguration of the new, ordered a distribution of $170,000 under tbe law of 1659, dating tho month of February ' last. The new board postponed this distribution until October next, upon the ground that a bill was betoro the Legislature authorizing the Commissioners of the (und to invest tbe surplus money on hand iu the five per cent stocks of the Bute, aud the proposition would have undoubtedly been authorized by the Legislature If a quorum of the House had remained in session. And since the adjournment of tbe Legislature the boar I bas taken no further action in the matter, upon the supposition that tbe public interests of the State would demand a special sessiou of the Legislature, and that that body would amend the law of 1859. - There w about $156,000 of the lund on hand. According to tbe report of Mr. Nr. woo its, dated January 8. 1853, there are outstanding bank bonds to the amount of $556.000, for which the fuud is res onsible. Thea bonds fell due in 1864. 1S65 and 16& .The law regulating the Siukiug Fund requires .that the Commissioners shall keep on hand a sufficient amount of money to redeem these bonds whenever presented. Mr. Nkwcomb, in ' bis last report, January 8, 1663, tar these bonds have been redeemed by purchase at various prices. "Tarying from 82 to 36 cent, to the amount of "$SSa,0U0. It would have been sound policy to have used all the surplus on band for tbe redemp.tioo of the bonds at those rates. The bond have bow gone up to par, and they can not be purchased in any large sums even at that rate. Both tbe late and present Board of Sinkirf Fond Commissioners were and are unanimous gainst the policy of distributing the fund to . counties. . .Nathavixl Kxur, Eq.( the enly - Republican member of the present Board, is most ' decided in opposition to the distribution policy, 'and voted with tbe other Commissioners in favor ' of postponing the distribution with the expectation that tbe Legislature- would change the taw of 1859 in that regard. r Tbereis no doubt eat Governor Motto is opposed to the dUtribuUou policy. After the adjournment of the last Legislature the Govern er applied to the Sluicing Fund Commissioners for a loan of hundred thousand dollar or more, to earry on tbe State Uovernment independent of legislative action, 'it he regarded the law of 1K59, authorizing tbe diatribution of tbe fund to counties, as imptratitt, why did he propose to thus disturb the operation of that set? Either be desired to place the Commissioners of the fond ia a- fcUe position by acceding to his rerequest, or else be was of the opinion that the Commissioners had the right to withhold the distribution upon the ground that tbe public in teresU would be best promoted thereby. And wbj did not the court organ complain of its own political friends when they1 baa charge of the fand, for cot complying with iu present interpret tetioa of tbe Uw of 1859? It can offer no reasonable apology for its present partisan position. The court organ need not give itself any uneasiness about the fund.' The law of 1653, requiring a distribution of the surplus money in the bauds of the Comaittioners, will be complied with in ' October next, unless the Legislature ehoulJ be assembled in tbe meantime jand -direct a different investment ot the fund over and ' above the amount required for the redemption of the bank bonds! ' ' ,". " ' CT'vfteo thie Cruel War ts Over," Is very popular eong ia the) miliury hospitals.

The ReiV.Tsrk HlouLcllrr fram Cov'nr Serraonr to the President3lr. Unceln'a Iteply i tbe Oavtr nor-Tbe Uralt the Milltiav, Stat flights and Harbor Defense. - waSaBSeBBBftaBSS ' GOV. SEY-VOfK'S LKTTER

--STatr. or Nw York, Kxkcvtivk Dr.r'r Air. Aiguat 3, lcf-'l To Iht I'retident of the I tiled SloU$: Ria: At my request, u number of persons have eallavi upon you wi.b respect to the draft in ibia State, more particularly as it affected the citiea of New Vork and Brooklyn..-' To aroid misapprehensions, I deem, it proper to state my views and wishes in writing. ' As the draft was one of the causes of the late riot in the city of New York, and as that outbreak has been urged by some as a reason for its immediate execution in that city, it is proper that I should speak of that event. At the moment when tbe miliiia of the city were absent, in pursuance of ynr request, and when the forces of the General Government were withdrawu from its fortifications, ' leaving it defeu;eless against any attack from abroad, or the riot within its limits, the Provoit Marshal commenced the draft, without consultation with the authorities of tbe State or of tbe city. The harsh measure of raising troops by conscription has heretofore been avoided by this Government, and is now resorted to from the belief on its part that it is necessary for the support of our arms. ' I know you will agree with me that justice and prudence alike demand that this lottery for life shall be conducted with the utmost fairness and openness, so that all may know Ihst it is impartial and equaljn its operations. It U the right of every citizen to be assured that in all public tuntctloiis there is strict impartiality. In a matter so deeply affecting the persons and hppi-nes-of our people, this is called, for by every consideration. 1 am b tppy to say that in many of the districts in this State, the enrolled lists were publicly exhibited, the names were placed in the wheels from which they were to be drawn in the presence of men of different parties and of known integrity, and the drawing were coo ducted in a manner to avoid suspicion of wrong. As the enrollments are made in many instances by persons unknown to the public, who are af fected by their action aiw! who have no voice in their election, cue should be taken to prove the correctness of every slip. Unfortunately this was not done in the district of New York when the draft was comraeuced. The excitement caused by this unexpected draft led to an unjuni Cable attack upon the enrolling officers, which ultimately grew into the most destructive riot known in the history of our country. Disregard for law and the disrespect for judicial tribunals produced their natural results ot robbery and arson, accompanied by murderous outrages upon a belplesa race, and for a time the very existence nf the commercial metropolis of our country was threatened.; In the sad and humiliatine history of this riot it . is gratifying that the citizens of New York, without material aid from the State or nation, were able of themselves to put down this dangerous insurrection. I do not underrate the value of the services rendered by the military or naval officers of tbe General Government who were stationed iu thit city, for the puMic are under great and lusting obligations to them for their coungeand skill and their wie and prudent counsels. But they had at their command r.nly a handful of good troops, who alone were entirely unequal to the duty of defending the vsst amount of national property endangereed. The rioters were subdued by the exertions of the city offki.ils."civil and military, the people, the police snd a smll ldy or only twelve hundred men, composed equally of the Stite and national forces, who availed themselves of the able advice and direction of the distinguished military men to whom I hate alluded It gives a gratifying assurance of the ability of the greatest C'ty of our continent to maintain order in its midst, under circumstances so disadvantageous, against an uprising so unexpected, and having its origin in questions deeply exciting to the minds of the great masses of its population. The return from the war of some of the New York militia regi rocnts restored peice and fccnritv to the city. I ordered troopa from different parts of our State; but I could not get them to the city before the riot was (fuelled; neither could the General Gov ernment give any substantial aid. It could not even man its own forts, nor had it the means to protect its own arsenals and navy yards against any of the vessels whi h were at th-'t time en gaged in burning the ships of our merchants almost within siht of our coast. For a time these very fortifications were the chief danger to the hnrbor of New York. One thousand men could have seized them all, and have used their armaments for the deatructiou of its shipping and of the city itself. At the time that th:s riot took place I was engaged, with Senator Morgan and Comptroller Robinson, of this State, on the subject of harbor defense, and placed under tbe direction of General Wool the unorganized bodies of national volunteers, still under my command, and I also ordered bodies of the militi from the interior of New York into the fortifications, to be under his control, and 1 nnde arrangements with him for their reception: but on the 12ih ultimo, the day before the riot broke out, I was requested by General Wool to countermand my orders direct ing the militia to proceed to the harbor of New York. The reason for this, I understaud, is. that the rules of the service or the laws of the United States do not permit the War Department to accept of the service of troops for special or qualified, purpose. The inability of the Govern tnent at that moment to defend its forts and pub lie property, or to give any substantial assistance in pntting down riot, while the militia of the city were supporting the national cause in attotber neU, will best be shown by the following letter, which was communicated to my associates. Messrs. Morgan and Robinson, and to myself the week before these outrages occurred: tltACQUASTtas DcrAKTMrirr ofthe East ) 'iw Yoia, June 30.163 7b St &xlUncy, ZToratia Syvur, Govt nor of th tHaU of YorkSi: Allow m to call Tour attention to tha lfenMles condition of thUclty. I have only W ran to garrison etgbt forts. One-half of thaie can not be eallrd ar t ier-i-t, haiof very Imperfectly Instructed In any part of artillery duty. Tbe Bnanoka is ordered to proceed to Hampton Roads, leaving no vewel-of-war in the hrbor or st tbs depot that could bs available In less than ten day. Tbe militia of this eilr ' and Brooklyn have either been or arc toing ent to drfeod and protect Pcnurylrau1a. who I now payfu; dear for her n electing to take cars of herself by guarding her frontier. U U w for New York to follow bar example by ns!-ct D(f to protect the dry or New York, tba great emporium of tha counTy, and of mora import aaca' at tha preent moment to tha Government thau sll othtr citiea under Us control? if I had a aumcient number of men to man our runs I might ? protect tba city from ordinary ahipa-of-wmr. 't nut rom trou-dad ctaamers. In our preMnt cooditkai. from want of men to nun our guns, tbs Alabama or roy otber v4el of her clas mlaht. without fear of Injury, enter our harbor, and wi-bin a few hour destroy on hundred millions of property. 1 have dona all lu ray power to a turd against tbe present condition of the City, but I ha thus far been unsuccessful! I have called the attentioo of tbs Mayor, aa wait as others, agato snd again to tba defensela condition of the ci y. Tbs Mayor ean do but little, from tha fret that tbe militia bv been crderad to defend PaunsylraDla. VT ought to bars ons or two Iron clad steamers and several iruoboata to guard tbe harbor. The, with men to man tbe gun of our forts, would be sufficient f defend sod protect the city. Tbt company of artillery raised for tha forts in this harbor, which I requested J oar Excellency to turn over to nie, ha bn tout to Penn)lvan:a. Tbe condition of tbs city ia an inviuUu to rebels to make tbe effort to assail it. I have tbe b cm vor to be, very respectfully, your ob't serv't. joBjt E. Wool, al'Jor General. While this deplorable riothjs brought disgrace upon the greU city in which it occurred, it is due to the character of its population to say that they were able to pnt it duwo without any aid from another quarter. i s-ve their city and the gov ernment property Iroro the violence ol a moo a; a critical moment when they had sent their armed men to sure the national capital from falling into the hands of hostile arms. For this patriotic service, they have already received your thinks and tbe gratitude of the nation. However much we may denounce and deplore the violence of bid or misguided men, it wonld be alike nr'ust and ungrate: ul to urge the execution of the draft in any spirit of resentment, or to show any unwill iugness to see that the most eiset justice in ob serve! iu the execution of tbe measure and in fixiug the amount of the quotas. I am sure that you will uuite with me in repelling anj counsels suggested by excited passions or partisan preju dice; for you have on more than one occasion warmly acknowledged tbe generous and patriotic promptitude with which the city of New York has responded to call made upon It by you in moments of sudden peril. The act of Ootigre. providing for the conscription direct that" in de termitiing tbe quotas of men o be furnished by e-tch tittle, regard shall be had to the number of volunteers and militia furnished by them respect irely since the commencement ol the present rebellion, and that they shall be so assigned as to equalize the number s mong th" districts of the several Sutes, allowing fr those already furnished and for the time of their, service. I believe that New York is the on! Atlantic State, snve Itbode Island, which hs furnished her full quotas heretofore, and bas also furnished a surplus, which eitides her to a credit npon the present draft. But the statement made at the office of the Provost Marshal General at Washington, of the amount of this credit, does not agree with that claimed at the ofBce of the Ad-'ulant General of this State. I n not doubt the impartiality of Ool. Fry; and I believe thattbedifference of these statements can bj reconciled if so opportunity is given to compare the records of the two office I ask that this may be done. ' After a direful examination 1 sm satisfied ttat the quota, now

demanded from the Congresaional districts in New York tod Kings county are glaringly un just. Cither the names enrolled iu these districts greatly exceed the Irun cumbers, or the enroll-

uejts in other parts of the State are grossly deficient. .The practical injustice will be the same in either case). If regard is had to the number heretofore sent from the several districts the records of our State show that New York and Lrooklvn have furnished more than their ptoportion. These records were carefully kept under the td ministration of Governor Morgnn. .If the quotas now fixed upon these citie re proportioned to the numbers enrolled, they suffer a double 'wrong, for thee do not get a due " credit for the . past, and tbe enroll menta are excessive as compared with other sections of the State. 1 send you tables which show these renults, and I wUl a'.so state here a few facts: The quota for'the fourth Congressional district, with a population of 131.854. is 5.881. That fixed upon the Fifteenth Concretions! District, with a population of 132,233. is only 2.260. The quota upon the last n tmed district should exceed that of the city district, for the census estimates show that there is a larger population of females and of aliens in the city of New York than in the country. If the comparison ia made by the number of votes instead of population, taking the last election, when the vote was very full, it will be seen that the call upon the city districts is S.Htfl upon a vote of 12.363, while upon the country district it is only 2,260 upon a vote of 2:1.163. In two adjoining districts in the city of Brooklyn the discrepancies are equally striking. In that represented by Mr. Odell. with a population of 132,242, the quota is 2,697. In the adjoining district, repre-ented by Mr Kalbfleisch, with a ponnl ition of 151.951, it is 4.14G. let the voters in Mr. Odell's district amounted to 16.421, and in that of Mr. Kalbfleisch to 15.967. The draft as at present proposed wril throw upon the e at ern portion of tbe State, comparatively less than one third of the Congressional Districts, more than one-half of the burthens of the conscription. This is particularly unjust toward New York and Brooklyn, for they have not only furnished their fall proportions heretofore, without counting the numbers they have given to the " navy of the conntry. but they hare been the recruiting grounds for other States, and constant complaints are now made that agents from other States are now employed for that purpose within those cities, and are buy inir persons there to act aa substitutes, thus reducing still more the number of Persons who will be compelled to meet this undue demand, which obliges them to leave their families and their homes, and to peril their lives, if they are less fortunate than others in their ability to pay the sum fixed as a commutation. I e-imestly request that you will direct tha' the enrolling officers shall submit to Ahe State authorities their Hsu, and that an opportunitj shall be given me," as Governor of this State, and to other proper State officers, to look into the fimrs of these proceedings. Jus tice to the enrolling officers, to the honor and dignity of the Government, to the people who are io deeply affected, nd to the public tranquility demands that the suspicions which are entertained shall be removed, if they are unfounded. It is just to add that the Administration owes this t itself, as thee inequalities fall roost heavily, upon those districts which have been opposed to its political views. ' I am sure that this f ct will strengthen your purpose to see thtt junt-re be done. The enrollments sre only complete in about one half of the districts. The results were sent to me at intervals during the month or July, but were only recently received by ta. in consequence of my absence at the city of New York. I am confident that you will scree with me that the public interest in every respect will be promoted bv affording the fullest evidence ol the faithfulness and impartiality with which tbe conscription is conducted. In the meanwhile large numbers are availing themselves of the bounties offered by the State and National Governments, and are voluntarily enlisting, thus mitigating the distress which a compulsory draft necestrily carries into the homes of our people. Tbe State of New York offers lioernl bounties to thote who enlist.. I believe it will be found that tho abandonment of i voluutary enlistment for a forced conscription will prove to be ttnlortunnte as a policy; tint it will not secure either so .Dany or so effective men as that system which one year since gave to. this eiiovernment the largest army ever raised within so hort a space of time by the voluntary action of any people. I do not propose to dis cuss in this connection the reasons why the people withhold the support heretofore so cheerfully rendered. Hereafter I ahull mitke that the sub ject ol further communication. But assuming it to be doe to the exhaustion of the number of those able tobe tr arms, it would only prove how heavily this new demand falls upon tbe produc tive interests and labor of our country; and it makes another reason why the hetvy burdens of . the conscription should be tempered by every net calculated to remove suspicion and to allay ex citement. Above all, it should induce every eflort to get voluntary enlistments, which ft 11 less heavily upn the domestic happiness and business arrangements of our citizens. I ar-k that thedralt miy be suspended in the State, as h is been don j elsewhere until we shall le irn the result of recruit ing, which is itow actively going on throughout the State, and particularly in the city of New York. ' I am advised that large numbers are now volunteering. Whatever credit shall hereafter be allowed to this State, it is certain that there is a balance in its fiver. It is but just that the de- . linqucnt Stite should make up their deficiency before Ntw York, which hus so freely and generously responded to the calls of the Government, shall be refused the opportunity Ut con- . tinue its voluntary support of the armies of the Union. There ia another point which profoundly excites the public mind, which has been brought to your attention bv persona from this and other States Our people have been taught that liws mut b upheld snd respected at every cost and every sacrifice, that the conscription act, which demands their persons, and perhaps their lives, must be promptly obeyed, because it is a statute of our Government. To support th majesty of law a million of men h id cone forth from North ern homes to the battle fields ol the South. More than three hundred thousand have been laid in bloody graves or hare perished in linperingdia ease. The guilt of the rebellion consists in raising an armed hand against constitutional or legal obligations. The soldier who has given up his life; the capitalist who hxs contribute! his treasure; the mechanic and the laborer who have paid to the tax gatherer the earnings of theirtnil.have cheerfully made these sacrifices, because they saw . in the power of laws not only obligations to obedience, but protection to their right, to their persona and to their homes. It is this protection which alone gives value to government. It is believed by at leit one half of the people of the loyal States that the conscription act. which ' they are called upon to obey because it stands on -the statute book, is in itself a violation of tba supreme constitutional law. There is a fer and suspicion that, while they are threatened with the severest penalties of tbe law, they are to be deprived of its protection. In the minds of the American poople, the duty ef obedience and the ' right to protection are inseparable. It is there fore proposed on the one band to exact obedience' at the point of tbe baronet, and, upon the other , band, to shut off by military power all approach to our judicial tribunal and to deny redress for wrongs; snd we have reason to fear the most ruinous results. Thee disasters may be produced as well by bringing laws into contempt, nd by a destruction of respect for the decision of courts. by open resistance. This Government and our people have mora to fear from an acquiescence in the disorganizing teachings that war suspends their legal rights or destroys their legal remedy than they have to fear from resistance to the doctrine that mesa-ires can be en forced witbont regard to the decisions of judicial tribunal, v Th refusal of governments to give protection excius criticisms to disobedience. The successful execution of the conscription act depends upon the settlement by judicial tribunals ol its constitutionality. With such decisions in iu favor, ' it will have a hold upon the public respect and deference which it now lacks. A refusal to submit it to this test will be regarded as evidence that it wants legality and binding force A mensureso unusual in the history of this country, which jars so harshly with those ideas of voluntary action which have so long prevailed in this community, and which have been so conspicuous in the conduct of this war, should go forth, with all the sanctions of every department of our Government, the legislative, the executive and the judicial. With such sanctions it would overcome the hosütit y which it naturally creates in the minds of a people conscious of "their patriotism and jealous of their rights. I earnestly urge that the Government interpose no obstructions to the earliest practica ble judicial decision upon this point Our accustomed procedures give to our citixena the right to bring all questions sffectio? personal libertr or compulsory service in a direct snd summary manner to the judge and courts of the State or nation. The decisions which would thus naturally be rendered within a brief period, and after fufl and ample discussion-would make such a current of judicial opinion as would satisfy the public mind that the act is either vslid er void. --The rieht of this Government to enforce military ser vice in . any ether mode than that pointed out by the Constitution, can not be established by a violent euforceoient of the statute. It must be , determined ultimately by the judiciary. ItshotJd

be determine in advance of an enforcement which

must be destructive to so many lives. It ou!d beecrael mockery to withhold such de cisioo uutil after the irremediable ii jury of iu ex ecution upon those who are unable to pay tue lam designated in lieu of their persons. Those who are able to commute might have their reme dy by recovery of the money paid in commuta tion No evils are to be feired ifthe law should be pronounce! unconstitutional. The snbmis sion of this Government to the decisions of our courts would give it a new sod stronger hold upon ( the public confidence: it would add new vigor to our system of government, and it would call forth another exhibition of voluntary offering men and treasure to uphold an Administration which should thus defend and respect the rights of the people. The spirit of lawlessness in our land would be rebuked, respect for legal obligations would be invigorated, confidence in our Government would be etiengthend, the dissensions and jeilons'-js at the North which now weaken our cause would at once be be ilea up end your voice would be potenti il in calling forth the power and force of a united people, by what willing strength aa done in the past you may foresee what willing sad united strength mav ac eomplish in the future. It cannot be said of New York, I believe it cannot be said of anv N orthern State, that if the conscription act be declared unconstitutional the nation ia thereby aban doned to weakness and paralysis. Be assured auch a fate can never befall a Govern ment which represents the convictions of the peo pie. which works with the spirit and provisions of the Constitution. It is no more possible under such circumstances that the nation should be left in helplessness than that the strong man's arm should refuse to obey his will. ' If this Kill, which stands upon the assumed right of Congress to pass such an act, shall fall to the ground, there i still teit the undisputed authority to call forth the armed power of the nation in the manner distinct ly set forth in the Constitution of onr country. I do not dwell upon what I believe would be the consequence of a violent, harsh policy before the constitutionality of the act is testedl Yon can scan the immediate future as well as I. The temper of the people today you can readily learn by consulting, as I have done, with men of all political parties and of every profession and occupation. The nation s strength ts in the hearts of the peoole. E'tranee them, divido them, and the found ttions -fail the structure must perish. I am confident that you will Tel that acquiewence In mv requests will be but a nall concession of our Government to make our peopie, a no particularly Hfl n fiiuuii assure iw self auf them of the accordance of its subordi nate I iwa with the supreme law of the land. I. will be but n little price to pav for the peaee of the public; mind It will a bite nothing.from the aovereigntv of the nation to show a just regard for the mtiestv of the law and a nafernal interest in the wishes and wellare of our citizens. Truly yours, &c, Horatio Setmovh. i i STATEMENT Of Jr)?VLATI0 V, DRAFT 5CHBKRS, TOTtBS, ETC. . .: . Cnn.Jitt. , Topvi'ithn. 2rmfL Vott rVC5 29...... m.ssa 1,767 sn,nj7 17.....,.., 1U.S28 1.K38 17.S81 2S 11S.9 0 2.0RS 32,8.15 2S- I29.S85 a.0'5 21,026 15 1.13.232 2,?m 2M1S 27 1S5.4S 2,418 25 RO 30 11.971 S.39 21,385 VT.rr TORS AND BROOK IT X DI8TBICT8. ßi. DM. Porul Hon ' Zrnl. , Tot4 ff 1882 t 132,241 2.S97 1S.421 2 '61.S51 4.14S 15 W 117.14S 4.5ÄS 1.777 8....... 1T5 09S 4.S92 15, 'SS 4 131.854 6.MI 12,383 The statement how the population, the num ber to be dratted, and the number of voters in the fevenl Coigres-'ionil D strict in which enroll ments bive been t-omoleted, and of which reports have been made to this office up to the 3d day of August, Ir-63. "'" EF.rLT OT PRESIUKNT LlCOUf. Executive Mansio. Washington ) August 7. 1?63. ( Hi Exdlrntn. Horatio Seymour, Gomrnnr of ritw York. Albany, i. Y.Z Yuur comnii'tiiciiion of the 3d Irstant hnsheen received- and attentively considered. - I can not Consent to suspend the draft in New York , aa you request, because, among other reasons, time is too important. By the fizure yon send, which I presume are correct, the twelve Districts represented fill in two classes ol eight and four re spectively. . The rli-pnritv of the quotas for the draft In these two classes is certainly very strikine. 'eing the" dinVrance between an average of 2.2(KI in one rlars and 4.864 in the other. Assuming that the Districts tre equal to one another in entire population, as required by the plan on which they were mucic, this disparity is such as to require attention. Much ' of it, how ever, I suppose, win te scciuntea lor by.' the fact that so mnny more persons fit for sohjiers are in the city than are in the rountrv. who have too recently arrived from othor parts of the United States and from Europe to be either included in the census of ltCJ or to have voted in 18('2. Still, making due allowance for this, I hui yet unwilling to ttand upon it as an entirely sufficient explanation of the prent disparity. I shall direct the draft to proceed in all the districts, drawing, however, at first frm each of the four district? to wit: the Second. Fourth, Sixth and Eighth only mo thousand two hun dred ,"beng 'he averse quota of the other class. After this drawing, these four diMrtct. and also the Seventeenth and Twenty ninth, shall be care fullv re enrolled; snd. if vou please, agents of your may witness every step of the process. Anv deficiency which my appear bv the new enroll ment will be supplied by a special drft for that objerf , allowh.g due credit for volunteers who miv.be obtained from districts respective! v du-ing the inlerv.il nnd at all points, so far aa consistent with practic .l convenience, due credit shall be given for volunteer", and your Eicellency shall be notified of the time fixed for cooroencing a draft in each district. I da not object to abide the decision of the United States Supreme Court, or ol the Judge thereof, on the constitutionality of the draft law. In f ct, I would be willing to facilitate the ob taining of it; but I cannot consent to loose the time whl'e it is being obtained. We are con tending' with an enem who. as I understand. drives evert able bodied mm he can reach into hi rank, very much a a butcher drives bullocks int.- a slaughter pen. No time is wasted, no argument used! This produces n army which will soon turn upon our now victorious soldiers already iu the field, if they shall not be su-tained bv rectv.it as they should be. It produces' an army with a rapidity not to be matched on our side, if we first time to re experiment with the volunteer system, already leemed by Congress, and palpably, in fact, so far exhius'el as to be inadequate, and then- more time to obtain. a court decision a to whether a law is constitu tiotiul which iequir4 a part of those not now In service fO v to the utd of those who are already in it; and tili more time to determine with abso lute certainty that we gel thnso who are to go in the precisely legal proportion to those who are not to go. - My purpoec is to le in my action just and ctiptitu.ional. and jet practical, in performinz the important duty with which lam charged, of maintaining the unity and the freo principles of on' common country. . ' .. . . Your obedient servant. A. Lincoln. A Cold-Blooded and Atrocious Murder — One of the most cold blooded and atrocious murders ever perpetrated in this country occurred at the Democratic basket meeting in Orange township last Saturday. Benjamin McCoy, of that township, walked deliberately up to Nathan Knotts, of Walker township, and shot him down. The particulars of the case are these: The editor of this paper had been speaking for about half an hour, when Mr. Knotts, who came to the meeting in a state of intoxication, and who was then on the outskirts of the crowd, hurrahed for Jeff. Davis. McCoy got up from his seat; unpercieved [unperceived] except by a few, walked up to Knotts, and taking him by the right arm, at the same time drawing his revolver, said: "Take that back." Knotts gave a drunken smile when the infernal fiend deliberately fired, the ball entering Knotts' body a little below and to the left of his navel. It was a cowardly, dastardly act, this shooting down an un armed and drunken man. such as only a coward would do, and none but cowards would approve. The crowd who were listening to the speech did not know what had occurred, until McCoy, who ran as soon as he had fired, had got some seventy fire or one hundred yards start, and and even then they had no opportunity of firing at him without shooting innocent persons who were betweeen [between] them and him. As soon as the coast was clear, however, some thirty shots were fired at McCoy. and a large crowd took after him. Seeing himself hotly pursued, McCoy cut loose William Kenning's horse and bounced on his back. A number of our friends seeing pursuit on foot hopeless, returned and got their horses, but though we have heard nothing from the pursuers, we greatly fear that the murderer will escape them. He was finely mounted and had a good start. No effort will be spared, however, to insure his capture. Knotts is not yet dead, but his physicians say he cannot live longer than two or tbree days. He leaves a wife and four young children. The poor woman, who was sent for as soon as he was shot, was almost crazy with grief.— [Rushville Jacksonian.

The Arsenal.. There never was a dollar appropriated by the

Legislature for the establishment of what Is called the State Arsenal," or to continue it in opera tion. Tbe Governor in his annunl message claims that it has been a very profitable investment. A few inquiries may be pertinent ia reference to the matter: 1 From what State fund was the money drawn 1 1 ("Put the arscual and furnish the roeaua necessary to keep It in operation? - 2.- Is it 'State iustitution, or a private enter prise? ...... 3. What h ive become of the large profits which its managen say that it bas made? -4. If it he cleared $70.000, who has got the money? 5. Are the profits invested in farms and lots, and for whose benefit? .r. STATE 1 1 K.TtS. The Fourth Annual Fair of the Union Agricultural Society, composed of the counties of Johnson, Shelby, Bartholomew and Brown, and open to the world, will be held at Edinburg, Ind., commencing September 22d and continuing five days. The premiums are very liberal and every arrangement bssbeen made to make this the best district fair ever held in the Stater For information respecting the fair address J. il. Kelly, Ediuburg, I nd. .: DmocBATic Coixtt CoirTEXTio According to previous notice the Democracy of Martin county met in convention at Dover Hill, on Saturday. August 8, for the purpose of nominating candidate for the office of Treasurer, Surveyoi, Commirtgioucr and Land Appraiser, the election lo take place nentt October. Delegates were present from each township in the county. The meeting was organised by electing C S. Dobbins. President, and S. Behling, Secretary. The lollowing gentlemen, h iving announced themselves candidates, were unanimously declared the choice of the convention: Frank Baker for re election to the office of Treasurer; John N Greene for County Commissioner; T; M. Clarke, for Surveyor, and Ephraim Moes for Land Appraiser. .On motion, the President appointed a Central Committee for the county, consisting of the following gentlemen: Seymour Colb and Ef.hnim Moser of Baker town.-liip; Nath'n el Ledgerwood and rMensant Bowman, of McCameron township; W. 0. Welch snd A Shircliff, of Brown township; A. W. Inni'ti and Hurrel Morris, of Rutherford township; John Stone and A. Mvre. of LoH River township; J R O'Brien and S Horsey, of Ilalbert township: Wiljjnm Etkin of Mite' eltree township: A-J. Demoss, W. II Montgomery and T, M. Clarke, of Perry township; T. Hirt and Harrison Cotinell. of Columbian township. On motion, the Chair appointed a committee to draft resolutions expressive of the sentiments of the meeting, which committee retired. ; The President was then lou ily called upon for a speech The gamecock of the Democracy of Ohl Martin then poured hot' shot into the aboli Hon ranks for alejiit an hour and a half. 1 he greatest enthusiasm and utmost good feeling predominated throughout. The committee returned and reported the fol lowing resolutions, which were unanimously adopted, and the Convention adjourned. Whereas. Our country is now and ha been for two year pnst torn almost to atom by intestine slrile, ass 5'ed upon one hand bv an armed rebellion and on the other bv the misrule of the party in power. And where is. It ia proper that our status with regard to the difficulties which surround us should be made kn wii; therefore, Rttolvrd, I. That c. he Democracy of Martin cor.iily, in convention aetiib'd, tosether with the conservative und Uui"H loving ritixens of all parties, reiterite one unalterable devotion to our country, the Union, tho whole Union, and nothing but the Union the falsehoods of fanatics and demagogues to the cwiitr-irv notwithstanding. . 2 That we adapt the sentiments of this meet ing to the old and time honored platform of the Democratic partv. emanating from the fathers or the revolution. Washington, Jefferson and Madi son, the Declaration of Independence, the Con stitution of the United States, and the Farewell Address of Washington. 3. Thit we tender our sincere and he tri felt thinks to our gallant army in the field for their noble exertions in the suppression of the rebellion, mid as citizens who know our rights and dare maintain them, we ask the Administration to assist our noble soUliery in puuius down the rebellion, by abandoning its fanatical schemes, and dmin;8terin;' the laws according to the Constitu tion of the United States. 4. That we devrecate military arrests, and trial by military commissions, of private citizens, where the civil law is in full force; that we regsrd it as a usurpation nf the rights und privileges of one branch of the Government bv another, and calculated to array cue portion of our citizens against the powers that be. nnd weaken the arm of the Government. 5. That a copv of tbese resolutions be aent for publication to the , Martin County Hcmld, the Vinccnnes Sun, ani the Indianapolis Sentinel. C 3. DOBBINS, President. S Bilpixo. Secretary Thb Cotrox ExrtBiMKXT. W learn from several of our farmers who have planted cotton this sei atin. that the prospect for a remunerative yield is ducotircgiti!;. Owing to the unusually cold weather last month, a number of fields are considered worthless Yii:cenne Sun. -The Wae roa tuk Usiox. Hon. Jasom B Bkowx will ddiegs the people of Jackson couuty, in tue tlotirt hou-e Square in Browuslown, on Saturday, An;usl 15, nt two o'clock P. il On this occasion, theconsidetation of the above subject, discussed on Monday last by Col. C. L. DcxhaM, will be properly treaied, and the true position of the Democracy of Jackson county upon the Important issues now before the country clearly defined. ' Bishop Upkolp at Tiinitt Chusch. On thnnk-fiivinj; ilv Bishop UrifOLD, of this State, officiated at Trinity Church, New York City. We clip the following accouut from the New Yrk Time of the 7th: Th inkaxit in:: wa celebrated with special pomp at TrinW fjli uuh. . . . The occiis'oii ix!emtir.-l by the ringing of the chirr at 1(1 o' htk. continuing for half an houi. ,. ; .' The service begau ii II A M . wheu the church was crowded to it utmost raimr.ity, and were conducted by the Kev. Dr. Oilbj, assisted by Rev. Dr. Nobes. . . The opening anthem was from Revelations, 7ih chapter and I2ih veree: "Blessing and lory, and wisdom and thanksgiving, an t hont r and power, and might, be onto our Uod forever and ever." . Bishop Upfold, of Indi-ioa, read the ante communion service. Dr. Oilby reading the appropriate epistle. The choir then anc the 66th hymn, peculiarly adapted to the occasion. '.) . , B-fare Bishop Upfold entered the pulpit, Dr. Ogilhy said: . . I feel under peculiar obligations to Bishop Upfold. of Indiana, now present, lor baviug prepared an addrest for the occasion, at very short notice When the congregation remembers how much the noble sous of the West have contributed to the successes and triumphs which call lorth onr thanksgiving this day to Almighty God, they will ieel how appropriate it is at this time to have a Western Bishop to address them. First among the Western States uoue was more prompt and ready st its country's call than tbe State which the Right Reverend Father is tbe honored Bishop" I feel sure that on this auspicious day New York will rejoice to bear words of good cheer at d encourage men t from Indian. .. The Bishop then ascended the pulpit and delivered a 'most eloquent' and striking address. Tbe congregation were particularly interested in that passage where the Bishop set forth' with great power snd eloquence the fsct that the West bad not sent forth her armies to battle for abstractions or impracticable ideas that hers was a war of purpose and of heart. She had commissioned them to fight for the preservation of the Oovemment and the unity of tha country. In those struggles and triumphs especially by which the Mississippi was opened, every man in the West had the deepeat personal interest. All would fight to the last before they would suffer any foreign or domestic foe to obstruct that great outlet of their commerce. The learned and gifted Bishop concluded with a slowing tribute to the national cause, sud throughout the address was ruai kable for its exalted and patriotic views. It was ioded. from first to last, a high toned and patriotic effort In entire unison with the aims and purposes of the National Government, and, comine from so 1 prominent a representative of the Western clergy was listened to ua more tnan ordinary inteiest. . The Owen County Journal says that a great deal of sickness prevails in that couxity, which is proving Ter fatal.

SfKSCir Cocstt The Democracy of Cpen

eer county will meet in mass convention at Ceotreville, in Grass township, on Saturday, the 5ia day of September. 16C3, for the purpose of nom inating-, candidate for the "county offices .necessary to be l!eJ at the ensuing October election. It U mcgested that the several townships hold primary meetings and ppoiut delegates to said convention. Diskbters . a erst to Ten deserters, eight of whom were anesled in Perry county, were taken to New Albany-Wednesday morning. They erc sent to their regiments by Provost Marshal Maaaiwrracju We learn that the Tippecanoe Volunteer Aid Committee have distributed upward of forty thousand dollars since the cooitueucemeut ol the rebellion. Quite a revival of religiou is in progress in the Christian church at Bedford. A number of prisons have been added to the membership. The first National B ink of Richmond, Ind., has gone into operation-.' It la stated that among it first business was to remit $211,000 to Iiis Excellency, O. P. Mottox. For th Stat SentlueL Hob. Owen A: Co. . Mb. Editor: The celebrated spiritualist. Hub ert Dale Owen, a sycophant of Hjwer. who bas ben practicing Ins "pniiu tl wickelne in hih places, a iuhii who ha been, arc irding to com mon tame, the advocate of the grossest free love liceiitioiisues.s, an inhdcl and scoliVr at the Bible all hi life, (its now united with the Protestant clergy, or. rather they liave united with him, in deilying "Ma?a Linkum'ntid iu declaring that the "swoid andthe altar," the chu: ch and the St ite must unite, as in the days ol the Spanish inquUi tioo, in forcing uniformity of opinion in poli tics especially in favor of abolition, that the fires ol Sunthfield must acain Im" in to blaze around heretics tied to the stake, no that there may lie no obstruction to the will of this Ad tniiiistrat ion in carrying on this war; for, in the lan ugeofihe Rev Mr.Hack man .God and his Christ See his thanksgiving sermon, production full of the grossest perversions of historic truth, but in most agreeable harmony with the teaching of tne meek and lowly Jesus, the" Prince of Peace Now, sir. on the 13th of Februarv, lrbl, this same Ribert . Dale Owen made a speech in the State house in Indianapolis, in which speech the Indianapolis Journal concurred. Please print the enclosed extract: t3f I regard South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, notwithstund ing their dedirations, 'as still (technically and lecallv speaking,) within the Union. I cherish a hope, though it be clouded with doubt, that they will not irrevocably leave it. But the an.im tlous con dition in which they stand can not very long continue Whether the connection between us and them shall be finally severed or not. depends, of course. mainly upon this, whether the inhabitants of these etile are united iniheir determination tor a eepa rate national existence or not. I arn not vet convinced that thev are. We have had no satisfactory, not to say official, proof ol it; no popular vote by ballot to ludicate the true wishes of the masse. If they are firmlv united in such a determina tion. snd if they persevere in it. not only can we not reuiu them, but we ought no longer to desire it. When millions of men delibt-rately, bv solemn declaration, combine for a common object, thev are no longer traitor or rebel, i here ran be a bind of five, or fifty, or five hundred, hut there W no such thing as a band of five million traitors They become revolutionist. They are entitle! to this character in virtue of their numbers and their unanimity, no matter whether the object for which they combine le wise or foolish, legal or illegal; for, indeed, revolution usually consists in opposition to existing laws. If, by concerted action, in b inds of thousands called soldiers, thev resist constituted authorities, kill, seize property. even commit depradations, whatever the moral turpitude of these act, those who perpetrate them are not. in the eye of International law, guilty of murder or of robbery; they aie carrying on war. If taken in the act, thev can not," ac curding to that law, be considered as traitors, but only its enemies; they can not be b-tnged Or sent to the penitentiary; they must be treated as prisoner of war; that question was settled by Georjre Washington in our own revolution. Their acts are hostile, they are notrcbell'ous If, then, the millions inhabiting the seceding States be united in the;r present object, or shall become unanimous or nearly so in it favor, it is a flagrant abuse of language to call them traitors. The law of nations declare that they are not. t he world will unite in declarinc that they are not. We may levy war against them as enemies. That we have a right to do. We outrage civilization and forfeit all claim to the respect of mankind if we seek to do more. Say that we levy war. Let us be r well in mind that it will be, not against five millions, but against ten. The bvrder and middle State will not stand by and see us carry it on; they will join our em mies. But iT we levy war against ten mdlion. who are now our brethren, lo what purpose? To subdue revolted provinces? We assume, then, that we thnll subdue them! Let that presumption pas. Let m imagine, (Greek meeting Greek.) after millions of lives shall have been sacrificed, the country ravaged, industry ruined, commerce destroyed, that we remain masters of the smoking field, and succeed iu conquering and reducing to submission the prostrate and desolated South. What does a republic want with conquered and wasted i.rovince, reduced to submission? Like the disciples, invoking fire from Heaven, we know not what spirit we are of. I have here supposed that the clave States unite to obtain a separate national independence. But if, as I trust it may be, they are not united in any such ill advised resolution; il there be. ns I believe there is, in each one of the swedinz States, a conservative party, more or less powerful, not perhaps in the ascendancy at this ino ment, but which, as event develop themselves, may become so, then the great practical question which every lover of his country, every friend of peace and union which erery pooU man will put to himself, is "What shall we do to aid thee. our frionds in the citadel, struggling fur the same objects as ourselves? How can we.the mögt efficiently, strengthen their hands, encour age their hearts?" By worts or act of violence? By threats ad dressed to the States of which they are citizens? Every rash word of defiance uttertd here will fall on the hearts of these me i like tbe kuell of the Union Do you doubt this? Make the case your own. Say that we iu Indiana (ditided.alast in npiniou. as we are,) were to learn that the State of our birth or adoption, where lie our homes, where dwell our families, was treated with contumely, and threatened, from without, with violence. How soon, in such a cape, would party feuds be furgottenl How little, then, should we stop to inquire by whose fault this violence was brought upon us! A sentiment of patriotism would overwhelm every other consideration Indiana would be a unit in vindication of he honor, in defense of her home and her rights. There are feeble races of men who can be cowed and driven. But we do not. belong to one of these. Nor do our brethren of the. South. lit them, as in us, the Anglo Saxon blood stir, at the tones of defiance. That which we would not endure, shall we expect of them? We can not. by any conceivable means, so certainly withdraw from beneath the fett of Southern friends of the Union the last plank upon which they can rally to the support of a United Confcderacv.as by placing before the States they iuhabit the alternative of coercion or submission. Our first duty, then, to our Southern brethren of the conservative party is, that we should ab stain from every word or deed that may tend to irritate. : But this i not enough. We owe them not forbearance only, but active aid. The bor der slave Slates are bestirring themselves. Vir ginia, the mother of patriots, ha m de the earliest move; has already stemmed the tide of disunion within her own borders, and ha been tbe first to invite her s'sters. from tbe North as from the South, to a family council "Come now and let ns reason together " she has said. . I there to be no response to a spirit frank and noble as that? Are we to stand sullenly, truculently, and say: "There is nothing to reason about; we hare nothine to concede " Are the Commissioners from Virginia, and from our neighbor Kentucky and the rest, to return home and declare to their constituents: "It is vain; all our offers are rejected; all terms of aecommoda tion are refused." Are the border slavt States, thus repulsed, to join their secedirg sisters, making tbe South a unit, and quenching the last spark of hope for a united country? , If such be the lamentable consummation that Is approaching, what will have broorbt it about? The behests of principle? tbe dictates of con science? tenderness tor the welfare of tbe Afri Can? regard for the advantage of the white laborer? any one sentiment of honor, of humanity, ot patriotism! any on- motive pure. uoriRUU holt? J; Jffot one! potonet , t . ; :r .

" ' .' ' Tot the Stt SentiatL The Supreme Court of tbe I'niitd Kiatet-WiiaKe'iaNer M. Epimt:. 1 he Indians Journal has become

much i lover with Judge Tanev. of late, sud profoundly reverential ot bis devi.-iuti. It is w happy change, snd, I hope, bodes future good. The occasion of its chance of heart hi the premi se is the following circular: Hr.AtxjUAB.Tias Du-aatmikt or thk Ohio.) CixoisxiTi, July 9, lf63. ' . i . ... CI ECU LAS. The following opinion of the Solicitor of thai War Department is published for the benefit of all interested: As. 234 Arrtit of De$trlrrH abtat Cor put. . ' '- 5 . ormos. It I enacted in the 7th section of the act approved Mrch 3, lcG3. entitled "An Act lor enrollinp and call ng out the Nationsl forces, snd for other purposes," it shall be the duty of the provost marshals ajjjaaintcd under that act, to arrest all deserters, whether regulars, volunteers, m '.itianieu, or persona called into tbe aervk under this or nuy other act of Congress, wherever they rosy be lound. and to send them to the uewresi su'iliury comroaixier or military post." If a writ of habeas corpus shall be issued by a State court snd served upon the provost marshal while he holds under arrest a deserter,' before be has had opportunity "to send him to the nearest military commander or military post,", the pro- , vort marshal is not at liberty to disregard that proce-. "It is the duty or the marshal, or other pet son having custody of the prisoner, to make known to the judge or court, bv a proper return, the authority by which he hoMs him in custody." "But after this return is made, and the State judge or court judicially apprised that the parly in custody is under tbe authority of the United Sutes, they can proceed no further. They then know that the prisoner is wiihin the dominion and jurisdiction of another government, and that neither the writ of haltet corpus nor any other process issued under State authority can pass over the line of division between the two sovereignties. He i then within the domiuiou . and exclusive jurisdiction ol the United Sutes. . If he has committed an offense against their lews, their tribunals al ne can punish him If be is wronsfullr imprisoned, their tribunals can releat-w him and fluid, him redress; and, although, as we have said, it is the dutv of the marshal, or oilier person holding him. to make known bv proper return the authority under which he retains him, it is at the same time imperatively hi duty to obey the process of the United States, to hold' the prisoner in custody under it. and to refust- obedience -o the process or mandate of any other government; and, consequently, it is his duty not to take the pri.-oner. nor -suffer him to be taken, before a State judge or court upon a hahets corpus issued under State authority. No State jude or court, after they are judicially informed that the party is imprisoned onder the authority pf the United State, ha any ri lit to interfere with him. or to require him to be brought before them; and if the authority of the State, in the form of a judicial process, or otherwise, should attempt to control the marshal or other authorized officer or agent of the United Sta.es. in any respect, in the custody ol his prisoner, it would be hi duty to resist it and to call to hi aid any force that might be necessary to maintain the authority of law against illegal interference. No judicial process, whatever form it may assume, cau have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it ia issued; and. an attempt to enlone it bevoud those tioundaries. is nothing less than lawless violence. The language Sove cited is that of Chief Justice Taney in the decision of the Supreme Court of the Cui ted Sutes in the case of. Ableman va. Booth If a writ of habeas corpus shall have been issued out from a State and served upon the ptovost marsh il. while he holds the deserter under arrest and before he ha had time or opportunity to "send him to the nearest military commander or military post," it is the duty of the marshal to nuke the court a respectful statement in writing as a return upon the writ, setting forth: 1st. That the respondent is provost marshal duly appointed bv the President of the United States ia accord ance with the provision of the act aforesaid. 21. That the rerson ' held was nrested by said marshal as a deserter, in accordance with the provisions of the 7ih section of the act aforesaid; that it is the legal duty of the respondent to deliver over said deserter to the nearest military commander or military post, and that the re spondent intends to perform such duty as won si possible; that the production of said deserter in court would be inconsistent with and in violation of his duty as provost marshal, and that the said deserter is now held under authority of the United State. For these reasons, and without intending any disreptel to the honorable judge who isjued ptocess, he declines to produce said deserter, or to subject him to the process of the court. To the foregoing, sll otber material facts may be added. " . . Such return having been made, the jurisdiction of the Stüte court over that caa- ceases. If the State court shall proceed with the case and make any formal judgment in it, one of two courses may be taken: (1) The case my be carried ud by appeal, or otherwise, to Ihe highest court of the State, and removed therefrom bv writ of error to the Supreme Court, or, (2) the Judge may personally be de tit with in accordance with law, and with such instructions as may hereafter be iijsned in each case.(Signed-.) William Woitimo. Solicitor of ihe War Department. Approved: (Signed) Epwix M. Stato. Seevetal y of War. June 57, 1SC3. By command of Mjor General Bi bnside. - LlWIS RlCBMOKO, Assistant Adjutant General. . Oßcial: Cnptaiii and ADC. Now, sir, the case of AMernan vs. Booth, found in the Slst Howard, U S Reports, does not decide what Mr Whiting asserts that it does. It only decides that where person are held under judicial process of the United States they cannot be Ukeu out ofciistodv In State process. Such were the fact on which the decision was made. But, if it did deride what is claimed, then, all will agree, it wonld le a decision against liberty, and one which all ouM ret ret that the Constitution lequired shou'd be made. If, however, it shall be ettled that ilr Whiting is right in hi interpretation of the Ablernen case, then there is po ern who will more promptly acquiesc e in that interpretation than tl e writer of this He hus now, as he alwsvs h"S had, profound and abiding respect for the decisions of Chief Justice Tancv. When be deciled, in the Dred Scott cane, with the concurrence nf all the other Judges but two, tht negroes were not citizens of the United Sutes, and the peopleof the Southern State hsd a right to settle in the common territories with their slaves, the writer of this respected those decisions and acted arcordincly. But the Journal did not. And it Republican friends in Congress. La" throw contempt on that decision, passed a bill excluding the people of the South from settling in Ihe common territories with Iheir iduve. snd Lincoln signed it, thus proving to them that the Sunreme Court could give them no protection. Where was the Journal's reverence for Judge Taney's decision then? Ag:n: When. In the Merryman case, Judee Taney decided that the President could not spspend the writ of habeas corpus and arbitrarily arrest od imprison the citizen without cause, was the decision respected? Did the Journal then say Judge Taney's decision shr.nld be obeyed? I thought the decisions of the United States Supreme Court were cast off rubbish. .. Tb Rraiaratlan ef txtwCailwM.Says the Washington correspondent of tbe New York Herald: i Much anxiety is expr8 by tbe lesding poll, ticians here in regard to the policy to be adopted by the Government in reference lo the restoration of the Union after the rebellion shall have been crushed out. The only definite policies that have been Indicated differ widely. One ia lo maintain military control over the seceded States and treat them s Territories uutil each of them tha II haveabolished slavery, and by amend me tits to its Constitution become a free State; no representative in Con j res tobe admitted from these Sutes until this shall have been done. The otber is, whenever the rebel army la Virginia shall have been routed, to enter st once upon a foreign war. end, treating the insurrection ss a thins of the past, to invite the soldiers of tbe South to join tbe armies of tbe Union In chastising Great Britain for her infractions of tbe laws of nations, snd driving tbe French out of ilexIco, leaving the Southern Slates to regsrd their ordinances of eecession as t nullity, snd to fall back upon their old status and condition beforw the war. Neither of these policies can command the approbation o' a majority of the Cabinet, ani some new progra. sme must be disclosed before the action of i hi Government cn be clearly defined. Governor rierpont, ol West Virginia, is here, to ask a definition of the policy of the Government in thia respect, and to urge that one Shall be speedily adopted.. iit

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