Indiana State Sentinel, Volume 23, Number 41, Indianapolis, Marion County, 14 March 1864 — Page 2

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WVEEIvLY" SENTINEL. MONDAY, MARCH li. State Debt Interest Questlou-Gorer nor Norton's misrepresentation cr rctttdbf the Attorney General. . Ixduhapolis, March 5, 1864 lion. O.PIortont ' Sim : Id that portion of jour speech before the Republican Contention on toe 23d of Feb'j, devoted to the proceedings growing out of the subject of the payment of the interest on the Funded Debt due the 1st of July 1863, are statements calculated to create a false impression upon tbosa not acquainted with the history of the transaction. ' ' Professional engagements prevented my reading jour speech uuti! to day, or 1 would hare sooner called jour attention, and that of tbe public, to the iueorreetness of jour statements, and the intentional wrong, for mere partizm purposes, jou do all the parties you mentioned. I make the following eitract that you may have the fall benefit of the case you make: To secure the co-operation of Mr. Brett, and to stem the current of public indignation which was setting in strongly against the parties to this scheme, it was determined iu May to pro- , cure an opinion from the Supreme Court, by which Brett could be coerced, and under which Ristine and his co adjutora could be sheltered. Accordingly in My. Hon. W. H. TaTbott, the President of the Sinkiog Fund, and whn. it was. M understood. waa one of Rlmioe'a advisers in this scheme or repuaiailoo, commenced a suit against Ristine In the Circuit Court of Marion County, asking for a mandamus against Ristine to compel him to issue a warrant upon the Treasurer for an amount of money sufficient to pay the' approaching July interest. The Sinking Fund was the bolder of a large amount of our State Stocka, upon wbich it was the duty of Talbnt to collect the interest, and the bringing of this suit was apparently in the performance or his duty. It was obvious, however, that if such a suit was brought it wonld be a mere sham, a concocted thing to consummate the original scheme of repudiation. The history of the case iu its progress through the Circuit and Supreme Court clearly established the truth of this opinion. The history of the case in the Circuit Court is set forth in the card of Mr. Smock, the Deputy Clerk of that Court, which I will read: . IicDiAxaroua. May 16, 1863. In (he ease entitled The State of Indiana on the relation of the Commi -jloners of the Sinking und vs: Joseph Ristine, Auditor of State, the papers were first presented to me by Mr. Ilord, the Attorney General, on Monday the 1 1th day of May, with a request that the entry prepared should at once be entered of record, and a transcript made out and certified for the Supreme Court. This was my tirst knowledge of the case. Mr. Hrd stated that the case had been parsed npon by the Court. Tbe papers consisted of a complaint, demurrer to complaint, answer and demurrer to answer, and of an entry iu tle handwriting of the Attorney Ocneral.reciting the overruling of the demurrer to the complaint, the sustaining the demurrer to the answer, and the judgment of the Court that a writ of mandate issue of in conformity with the prayer of tw complaint. The Attorney General wanted me to quit my other work and make the entry in the orderbook immediately, which I refused to do, and told him that the transcript could not be made then, unless it was made from the original papers, and before the entry was made in the order-book. Mr. 11 ord replied th.it he would take it in that way. I suppoeed it was all right, and that everything had been ordered bv the Court. M The papers were then taken to the Clerk'i ofhVe and from them a transcript was made out end certified before any step in the case had been entered upon the order book and before the m;nt tes had been read or signed. As soon a the t-.i.tacript could be completed in this mode, it w- handed the Attornev General, who was wait, ing at the Clejk's olfice for it ; be said as be received it. that he honed to get a decision in the Supreme Court in a few days, and that the costs would be paid. After this the entry was recorded. When Judge) Knich rend the entry ho remarked that he had not been Informod of what it contained that it had not been read to bim.and if he had known its chararter it should not have been recorded. ' lie struck the entry from tbe order book with his own hand, and before the minutes for the day had been signed. W. C. Smoc. Deputy Clerk." This certainly beats any judicial time on record. The snmmary proceedings of the police courts of New York or the Old Bailey in London cannot approach it. Here the pleadings on both sides had been prepared out of court in advance, a record of the eae procured and filed in t'ie Su reine Court before the minutes of the Court beotr hid been read or signed; without the character of the case having beeo brought to the knowledge of the Jude of the Circuit Court, who. hpon being informed of what hid been dune, Strock out the entry noon tbe Order Book with hie own hand. and. as 1 team from another source, sent a communication to the Clerk of the Supreme Court, stating that the record filed with him had been improperly obtained, and that he had not decided any such case. He then took op and examined the original complaint aud derided it invalid, upon the ground that the proceedings were wholly premature, the time not having arrived when any action could be hid upon the subject. From thi laut decision Talbott appealed to the Supreme Court. The Supreme Court received and ret lined both records, snd then the cKe presented lite very novel aspect of two appeals pending in the Supreme Court at tbe same time, and only one case in the Court below. In a few days opinions were delivered in the Supreme Court iu both cases, denying the existence of any appropriations by which the interet could be paid upon the State debt. And here I leave the Uw suit -j In future time the legal antiquarian will pause amidst his researches to examine this eise as the greateot curiosity id the annuls of American jurisprudence." Tou substantially charge that the proceedings were sham, that the case in the Supreme Court reached there through unfair means, that the decision of the cause was prejudged, and that the Judges were influenced by improper motives in deciding as they did.. Grave charges, such aa should only be made upon conclusive proof; but when, as in this rase, wholly without foundation, merely prove that their author is reckless in hie statements, sod is willing to make any charge, however serious, snd unfounded, when he hopes thereby to benefit himself aod injure a political Opponent; that be is buccaneer in politics, willing to barter bis honor and manhood for temporary succeed. When the controversy arose as to the payment of the interest on tbe public debt, I was satisfied yon did not desire the legal qoestioa submitted to the Courts for decision, that you preferred it should remain an open question, and tbe interest remain unpaid, that yon might use its non-payment as material for the manufacture of political capital, aod anticipated your throwing every obstacle in juur power id the way of the judical decision of the questiou. Mr. Rimac and mvaelf reilitlng the- importance of tbe subject, were desirous oT submitting the natter to tbe courts for adjudication; if we were wrong, we desired the interest should be paid, if we were correct hi oar position that there was no appropriation bill, we desired the aupport of a judicial decision. ': ; . ' - We thought the court of last resort in the State the proper tribunal for the settlement of the question, and aunposed that you would be satisfied with the result.as we expected to be, and were not then "aware you had descended to tbat mental and moral condition, in which a per-, son conclusively presumes that all wbo differ from bins are influenced by corrupt considerations. - ' . . Tbe history of the case ie aa follows: It waa ascertained that tbe Commissioners of tbe Sinking Fend held a number of the bonds, and Mr. Talbott, the President, was requested to institute proceedings against tbe Auditor of State to, compel Lim to issue fcw warrant for the intereat, lie cousented,and retained Messrs. Raso It Hau., of this city, as his counsel. Tbe Circuit Court was in session, and I informed Mr. Hilt tbat I was willing, proper exception being taken, that tbe Court should make an order on Rjstj xi to Issue the warrant. Tbe coctplaict and other papers were prepared.

and we proceeded to the Court House. Judge t :cu was engaged in trying a cause. 1 spoke to bim of tbe trouble growing out of the interest

question, and the importance of an early decis sion by tbe courts. I also informed b!m that Mr. Halt. LaJi complaint prp?red presenliug tbe question; tha J desired to demur to it; tbat my demurrer might be overruled; tbat I would answer that tbere was no appropriation, to which a demurer might be sustained; that I would enter my exceptions of record, and the order might go that the warrant should issue. To all which the Judge asaeuted. The papers were placed in the hands of the Clerk with the proper entry to be made of record, and I requested a transcript, which I received and filed in the Supreme Court. It is due Judge Finch to ear that he did Dot read any of the papers, and was consequently not informed as to tbe particular averments of the complaint; that he acted upon rny statement tbat the papers presented the questiou I desired adjudicated. As evidence that the character of the pro ceeding was fully understood, I extract from tbe journal of tbe next morning, (Tuesday May 12th, lSbJ) the following editorial : Ixtcbcston the Statk Dkbt. We understaud that the attorneys of tbe Sinking Fund Commissioners applied to the Circuit Court of this county yesterday, for a mandamus to compel the State Auditor to draw a warrant for the money to pay the interest on Hie State debt, falling due next July: ' The Attorney General resisted the application, andean igitri uutwM made and submitted to tbe Court that it might be carried to the Su pre me Court as speedily as possible.' Following np the sume subject, the Journal on the 13tb of May, 1663, contained a long edito rial, perhaps from your pen, at least dictated by you ayanimated ' by the same spirit exhibited in your speeclin wbich, feeling tbe weakness of your position and anticipating a decision adverse to your views, attempt ia made to cast discredit upon the decision wheu it should be rendered, and bj threats to coerce a decision favorable to you. . As to the propriety and decency of this article I have nothing to say, it speaks for itself. "it won't do. " The elegant and affible PresiJent of tlie Sinking Fund hnacomnienced a suit against Auditor Ristine to compel the issuiug of a warrant for the payment of the interest on tbe S'.ate debt. ' . The very distinguished Attorney General promptly appeared on the other bide and an agreed case was made to be submitted to tbe Supreme Court. Judge Finch decided that the interest must be paid, whereupon an appeal was taken by tbe Attorney General to the Supreme Court. This is the haven in wbich the repudiators expect to find shelter. We fear that our elegant friend, the President, will be Rusoected of a sharp practice in this mat ter. We fear that malicious people will say it is only a scheme to procure a decision of the Su preme Court to bolster up the Attorney Geu era), and prevent the Treasurer from paying tbe interest. We fear that suspicious people will say that the Attorney General is managing both sides of Ibis case, and tbat the case is not intended for investigation but for indorsement and a pretext lor what is already determined on. a a There are some things the Supreme Court can not do, and one in to make 1 lord's opinion re spclable or make the people believe that it is honest. If you don't believe it, gentlemen judges, try it, and you will get the word repudi ators ' written all over you with indelible ink.' On the same day, that you might have an op portunity of presenting your views iu the casein tbe Supreme Court, Messrs. Raxd & IIall, ad dressed you the following note: Ikpianapolis, May 13, 18C3. Hon. O. P, Morton, Governor of Indiana: Sia: There I now in the Supreme Court of Indiana, upon appeal from the Marion Circuit Court, tbe caee of Joseph Rixtine, i.e., vs. the Board of Commissioners of the Sinking Fund, No. 3392, involving the question of the public duty of tbe appellant to issue his warrant to pay the July interest on the State debt created in 1S4R-47. Knowing your great interest In this question affecting the credit of the State, the appellees request your co operation in sustaining the d cision of the Court below. Very respectfullv, Ra-tn k Hall, Atty's for B'J Corn. Sinking Fund. When the case had proceeded to this point, I was informed that Judge Finch, upou exaiuin ing the complaint, had arrived at the conclusion that it did not show such facta as authorized the issuing of the writ, and desired the case pre' seuted to him agaiu that he might sustain ruy demurrer to the complaint, instead of overruling it as was done in the first entry. It was submitted to him; he sustained tbe demurrer, and rendered judgment for Ristimb. From this decision tbe Sinking Fund Commissioners appealed and filed their transcript in the Supreme Court. In the Journal of May 16, 18G3, is an editorial giving an account of tbe proceedings with its uiual f-iiruess. "In the Circuit Court yesterday Judge Finch ordered that the rulings in the esse of the Board of Sinking Fund Commissioners vs. the Auditor of State be cancelled upou the record, as they were not ni ide by him. It appears that Judge Finch was he.iriog another case wbco the attor nejs iu this case appeared and aaked to file certain papers. "They were allowed tobe filed without exam ination, and proved to be a complaint, an answer, and a demurrer, to wbich waa added the order of the Court written out bv Attorney Oenersl Herd. "Judge Finch, on examining the papers made an entirely different ruling, which requires the attorneys for the schemers and speculators in State bonds to file other papers. The case is not yet in the Supreme Court but we presume that the lawyers will be able to get it before that tribuoal iu the course of the coming week." . In the Journal of May 20, 1863, Judge Finch published a lengthy opinion, giving his reasona for bis ruling in sustaining the demurrer to the complaint. It is accompanied by a letter from tbe Judge, dated May 18th, addressed to the editor of the Journal, from which I make an extract: "My object was in this, as in all other cases, at well as I knew how, to determine what tbe law of the case is. In doing so in this case I sustained a demurrer filed by the Attorney General to the complaint of the relators. I thought tbe complaint was bad. and I suppose tbe Attorney General thou ich t an too, else he would not have demurred. I may be wrong in this; if so, it will not be the first time the Supreme Court and 1 have differed. Ou overruling this demurrer, I announced the points on which my opinion waa founded. I had elaborated those points in a hastily written opinion, whi:h, owing to the nonattendance of counsel for tbe plaintiff", I did not read. I baud you that opinion." - - Judge Fikch does not in his letter make any statement inconsistent with the facts as I hare stated tbem, as to tbe history of the first transcript. ; - As to ' the action of the Judge In striking the first entry from tbe order book, its history is giveo in a certificate made or me by Mr. Smock, in the name of Mr. Wallace, the Clerk, over the seal of the Court, dated the 25th day of May, 1S63, which I .have in my possession. After giving the title of the cuuso, it proceeds: "Be it known that on raid day the Judge sfore s.iid made the following entry on tbe order of this Court over and across the last entry made In this cause, which entry m ide by said Judge is as follows, to-wit: .''' "This order and judgment were entered by mistake, and is hereby vacated and rescinded. Ordered to be certified beforesigning the minutes of the Court Fabius M. Fischt. "May 14, 163." Asa legal question I did not suppose tbat Judge Fi sea could, by endorsement on tbe face of in entry, vacate it; and it appears that it was oot done as an order of the Court. Tbe endorsement of Judge Fi.ich shows that the entry was made by mistake, not in consequence of any fraud or misrepresentation as to tbe character of the proceedings.

a i Tho mistake is explained in the subsequent sc-

tiou of the Court. Tbe Judge, npon examining the complaint, was of the opinion tbat it was in sufficient, sud therefore changed tbe ruling tbat had been made. Both cases being thus, in tbe Supreme Court, tour view of tbe case was presented by Messrs. Raxd k Hall, who filed a brief, aod also your ponderous and logical letter to Mr. Wixslow, and by Hon. Joseph E. McDoxald. who represented the bond-holders, making an elaborate oral argument. The cases were then decided, and opinions delivered, that appear in 20th Ind. Tbe Court held that no money could be taken from the treasury without an appropriation bill; that there was do appropriation tn pay the interest on the public debt, and tbe officers of State bad no authority to pay it. The subject involved in this controversy was one of vast importsnce, iovolving the honor of the State. It was a proper subject for judicial decision, it was a matter that could only be settled definitely by the courts. I have shown, I thiuk. by tbe testimony of your own political friends, that the suits, origl nated in good faith, were instituted publicly and ' in no unusual manner; that tbey were in the Supreme Court legitimately, and that all the proceedings hi that Court were such as to result in a full and fair investigation. , It is not my province to attempt to prore that the judges were honert in the conclusions arrived at by them, and, until some better evidence than your opinion is produced of their want of inlegrl ty, their personal and political friends will not enter the list. , - - As to the correctness of their conclusion, their opinions are published. If you feel capable, of proving them unsound, why not, like a manly gentlem.in, undertake the task , instead of seeking to excite ill-feeling against them personally, by ' charges and insinuations that you know to be unfounded? ... The length of this communication forbids my indulging h such reflections as I would otherwise deem appropriate. - , Osnaa B. Hord. Itajr; Itepubllcmnism and Arbitrary wer vs, Censtllutlenal Liberty. " CASES MO. I. When, a few years ago, the Republican party came into power, one of its Cist deeds was to enact the Maine law prohibiting anybody from making or drinking cider, wine, beer, ale, Slc, except, ic. Under this tyrannical measure. Bkkbb, Hasmom, and many others, were consigned to prison until released by the Supreme Court. Jo. Wright, then having commenced to fall from grace, signed the bill. . KO. 2. Next came their attempt to break down that provision of tbe Constitution providing for a uniform system of common schools, and to deprive the country children of the benefit of free schools. Here ngaia tbe Supreme Court stood in the breach and saved the Constitution and free schools for the children of tbe State. The Court said, In the City of Liliyctte vs. Jeat.crs, 10. Ind. Rep., 77: "We have said that under the former Constitution, the local sghool system broke down the general one; and the same would be the result were both tolerated under the present Constitution. .The constituents of members representing counties having towns und cities wbich had adopted the local system Marion for example would, to a great extent, prefer to have no other to interfere with tbat," and, hence, would resist suflicient taxation to keep up the general system; but, on the ' other hand, if to get schools for themselves they had to maintain the general system.it would be supported and all the children Of tbe State have equal advantages of education. Judge ITovet, now General IIotkt, wrote the first opinion putlinjt down the local school system aa unconstitutional. See Oreencastle Towtosb'p ?s. Black, 5 Ind. Rep., 557. ' , wo. 3. Next ctmo the attempt of the Republicans to annul that provision of the Constitution which ordains that no money shall be drawn from the treasury but upon appropriations made by law, . and to induce the executive officers to put their hands iDto the treasury at discretion and takeout the money. . Here, again, the Supreme Court upheld the integrity of tbe Constitution. NO. 4. Next came the Republican WW Poieer, with Its iron heel, trampling upon the Constitution, and the liberty of the citizen.' Judge Rat decided that this was sll right, tbat tbe citizen had no redress, and turned GairriN out of Court for violating tbe Maine Law enacted by the Provost Marshal. Here, again, tbe Supreme Court stood by "the Constitution and the liberty of tbe people. ' The Republican party, however, to show its approval of the dot-trine of arbitrary arresf, and to make it the issue in the coming election, immediately nominated Judge Rat as their candidate for Judge of the Supreme Court showing that it is a part of their policy to seeure a Court that will, as they expect, register Executive and Proroot Marshal edicts. The Republicans, in the coming canvass, have thus planted themselves squarely upou tbe platform of arbitrary power, and invite the people to uphold them upon it, and thus surrender to ihetn liberties. We sball see if tbey will do it. As a sample of the operation of Government by arbitrary power, we give the following case, decided by the Supreme Court, and which we take from the 21st volume of Indiana Reports, now passing through tho press. The title of the cause is Sklex vs. Mo.nkcimkr. - ' ArriAL raoM the Riplkt Cibciit Court. The following special order was igjued: Headquarters District or Indiana axd) Micuigax, Indianapolis, Aug., 5, '03. Special Order No. 40. . Col. Conrad Baker, Assistant Provost Marshal Gerietst, Swte of Indiana,. will arrest and send to these headquarters all persons engaged in . stealing, concealing, or presenting the delivery of any Government property, or any property to which the United State have jut claim. Col. linker will Instruct his Provost Marshals accordingly. ... .... - , . ' . By command of Brig. Gen. Wilcox. . Robert W. A. Hutcbius, Ccptain and A. A. General. . Col. B iker, by John C. McGuiston, Captain and Provost Marshal, forwarded the foregoing, order to Jeremiah D. Skeen, Deputy Provost Marshal for .Ripley County, Indiana, with instructions to prudently carry it into effect. In so doiug. said Deputy Provost Marshal Skeen, apprehending tbat Dederick . Monkeimer had stolen a horse belonging to the United Sutas, arrested said Monkeimer,' mero motu, and took , him to jail in Ripley county, and required the jailor to confine hi in therein, which said jailor refused to do; whereupon said Deputy Provost Marshal Skeen required the , jilor to surrender the keys of tbe jail to him, which tbe jailor did: aud thereupon said Deputy I'.-oyosl Marshal. Skeen locked said Monkeimer up In a cell of tbe . jail. The next day Monkeimer obtained thorough Ed. P. Ferris, Esq., his ' counsel, from Judge Chapman, of tbe Ripley Circuit Court, Indiana,, a writ of habeas -corpus, upon thw return of whicli be was set at liberty by the judge, no ver-.. ified charge of any offence whatever beiog pre- ' ferred again t said Monkeimer. ... Deputy Pruvest Marshal Skeen appeals to this Court, on the ground tbat a jnd.e of the Slate ef Indiana had uo jurisdiction or power to take Monkeimer from the prisoner's cell be avers that be is Deputy Provost Marshal of the Uuited States for Kipley county, snd that he is, therefore, not liable to answer to a Suie tribunal in , relation to sny arrest he my make by color of that c Sice, nor to obey the order of such tribunal for the reltaae of a prisoner so arrested. ', We have said all that we desire to say on the general question raised of jurisdiction iu the Ohio and Miasiasippi Railroad Co. v. Fitch. 20 Ind. 433

Tbe case is sirorly this Deputy Trovost Mar

shal Skeen suspects that Monkeimer has stolen a horse, or prevented the returning of a horse, or something else belonging to the Federal Govern ment, and be, without any charge being legally preferred, arrests MoLkeimer, confines him in a felon s cell till it suits bis convenience to send b m to military headquarters. Now, if be can do th!t in one cae. he can do it in all, and arrest every human being in his county and serve them in the same way, if he can find J ul room enough; and if Deputy Provost Marshal" Skeen can do it in his county, then the Deputy Provost Marshals of all the counties in tbe United States cau do it, and thus every citizen of the.United States may be arrested, imprisoned and sent to military headquarters at the mere pleasure of these military policemen, and all the States laid at once at the feet of military power. We cannot assent to this doctrine. It would establish the most terrific despotism the world has ever witnessed. And it is not improper to add here the remark that Indiana has never been in a condition to justify, according to any established principle of law, tbe superceding of the judicial by the military power, in the prosecution and punishment of Crime; jet it is now matter of amazement, wIktj we look back and see to what extent this has been practiced, and the rights of personal liberty and personal security disregarded. Said Lord Coke, even in his partially barbarous age: "When the courts of justice be open, and the judges and ministers of the same may by law protect men from wrong and violence, and distribute justice to all, It is said to be time of peace. ' So, when by invasion, insurrection, rebellions, or such like, the peaceable course of justice is disturbed and stopped, so as the courts be, as it were, shut np, et silent inter legn arma, then it is snid to be time of war." Coke's Com. on Litt., Lib. iii. chap. 7, sec. 412, p. 219, 6, as quoted in law. Wheat. Int. Law, p. 52.), note. Wheu bo been the time that the Courts, both State and Federal, were not ready to act, and able to act, in Indiana, and that their officers could not arrest, and bring to them for punish mcnt, upon legnl warrant, any man charged, according to the fotmH of law prescribed by our Uoiisiitulion. wub crime! We may say a word upon another poiut; and that is, that the orders of a superior officer to an inferior, to do an illegal action,, msv not be a protection from liability, on tbe part of such in ferior oQjcer, in the performance of such act. This was settled in the eise of Mitchell y. Har mony, 13 How (U. S.) Rep , 115. See. also. Kendall r. The United States, 12 Pet., 612, 613; Mostyn v. Fabriirss. Cowper, 1CI. Indeed, it is the Enylish doctrine that geueral warrants from tbe Crown or Privy Council to do illegal nets will not protect those who execute them See Fisher v. McOirr, 1 Gray (Mass ) Rep , 1. S C ; 2 Am L. Reg., p 460." Per Curiam The judgment below is affirmed, with costs. John K. Cravens, for appellant. Edwin P. Ferris, for appellee. Cepublicavt War In lite Jurat Ilairlcl.'v There Is quite an intereseing cat fight going on in tbe Fifth Coureasioual District. Mortob, Hollowat li Co. are determined to defeat Ji'LiA. the present abolition member, for Congressional re nomination, an J Ji liax It Company are uo less determined to maintain their present statu. We propose to give a few extracts from the Republican organs in the ''burnt District" to illustrate the character of the warfare in which the opposing factions of the Republican party are now engaged. Tbe Randolph County Journal, intensely abolition, thus snrcasticilly alludes to the aspirations of Geueral Meredith for a nomination and election to Congress. It says: "It i not General Meredith's will that you should nominate him for Congress, or elect lum. By no means. He is greatly pained that such a thing ia contemplated, and has resisted it most earnestly, but he lias been overpowered by some men who profess to be his friends, and they are determined that he ehall be a candidate for Congress, the ugh tbey ought t know thut there is not the slightest eh tin e of his election. What oppression this is! Such conduct admits of no defence. Gen. Meredith's friends nie very unkind to him. Are thev not aware that all bis tastes are of a military chirartor, that his soul burua with anient longing, to te in the Sold at the head of the renowned "Iron Brigade?" With true warrior spirit he longs for action. Can you not see the llht of battle " in hiseveT But by this arrangement of his friends he has been compelled to forego the pleasure of ?oIdierly uctivity, and has been kej.t at jtome for several mouths making partisan stuiup speeches, and doing divers other repulsive things, all for the interest of those fellows who are compelling him to run for Congress. And they intend to keep him tlr-'S employed in tho District until after the April election. It is loo bud. This is a free country. No man should be sent to Congress against his will, and we arc sure the people will not send Gen. Meredith." This is rather heavy u,wn Morton & po.'s candidate for Congressional honors. The Delaware County .Free Press, another dyed in-the wool abolition sheet, in giving reasons for Ibere election of Mr. Ji lian, thus characterises tbe faction which are Ojsing him: A combination of ambitious demigoue;", tricksters, office seekers and aspirants for place, have urged an unceasing, unjust and disgraceful war against him, resorting to measures to accomplish their purposes.'characterized by a littleness and malignity more becoming Copperheads'lhan men professing to have the cauve of the Union and the interests of freedom at heart, and this, not because Mr. Julian has been flse to bis trust, or has betrayed tbe cause of freedom, but simply because he stands in the way of the gratification of their ungodly ambition. Hence, we say, a decent regard for justice and fair dealing dtmuids that these unpriucip'ed demagogues should be rebuked by the people, by giving Mr. Juli. in an overwhelming umjority at the pomiug nominating election. ' Ami yet the men whom the Free Press thus denounces as "demagogues, tricksters aud office seekers," claim to possess all the patriotism and loyalty of the country. The Newcastle Courier, another abolition orgau in the 5ih District, pitches into tbe Morton and Co. Congressional candidate in the following style! , ' Keeplt before tbe people that while the Hon. G. W. Julian is assiduously attending to his arduous duties in Congress, faithlullr striving to susuiu trie Government in its fearful trials, Gen. Meredith is perambulating the District and most vilely traducing the character of our Representative, and th.it too at an expense to tbe Government of $329 50 per month. Keep it txfnre the people that Gen. Meredith everywhere accuses Hon. O.' W. Juhi of "car ing lir uothiug but office;" and yet at the same time, be (Meredith) holds two offices, aud thatiu addition to his pay of (3.953 per annum as a stay, at home Brigadier, bis oflice ns Clerk of Wayne county is worth , about $6,0U0 per annum, or, twice what a Congressman receives. . , Keep it before the people that Gen. Meredith is doing the dirtiest job of electooeering ever done in the District, that he de il i in low personal i ties , more than he dwells on great national measures, tbat be blows hie own trumpet, sounds his own praUe. boasts of his own patriotism, parades his own wounds aud sacrifices, and those of bis family, not oue of whom is serving or ever served as a private soldier. . , - Such are the sentiments which the Julians, the Merediths an J the Mortons entertain toward each other. Yet the men who thus openly avow their want of confidence in the personal and political integrity and patriotism cf each other, make a common cause, for partisan purposes, in charging disloyalty upon, their political opponents. How long will tbe . pec pie be deceived by the humbuggery, the charlanttsm, the hypocrisy and frauds of , the psrtj in power? Will tbey much longer be willing to trunt the control of the great interests of the nation to a party which has demonstrated its utter incapacity to successfully and' wisely administer the government. The Abut. Oen. Washington aaid "tbe army are the mere agents of the civil power. Out of camp, they have no other authority than citizens; and their offences ogainst the laws are to be examined, not by a military officer, but by a magistrate. They are not exempt from arrests and indictments for violations of the laws." Aim! again be says "tbe distinction between a well regulated army ant mob, is the good order and discipline of the former, and the licentious and disorderly behavior of the latter."

war Powers of the President We undiTstand that Col. Conrad Baker, As

sistant Provost Marshal General for Indiana, has officially notified Judge PtRiixs, of the Supreme Court of the Slate, that he has issued writs of habeaa corpui in'contraveution to tbe President's proclamation, and further that be. Col. Baekr. regarded it to be his duty to report the fact to headquarters.. .'We also learn that Judee Perkins, in response to this notification, stated tbat be - had - done - nothing . inconsistent with his duty as a citizen and a judge, and that a refusal to issue the aritin the cases that he bad granted them would ha-e been a violation of bis obligations to the constitution an j the laws to' which all owe a comraou allle-. glance. We know not what may be the result of this conflict between the civil and military authorities, but if the civil power is thus to be overridden in a state loyal to the government and in which its laws and decrees can be maintained and enforced by the civil authorities, arbitrary or despotic power displaces a constitutional government and the rights and liberties of the citizen are as insecure and will be as little respected as in' Frauce or Austria. Democratic Meeting; In L.aporte. At a meeting of the Democrats of Laporte county, held at Laporte on the 5th ot March, D. M. Dickson was called to the Cbair, and E. G. McCollnm atid P. McDonald were appointed Secretaries. The object of the meeting having been stated br the Chairman, a committee of five, consisting of Dr. T. D. Lemon, Geo. W. Revnolds, Jackson Uosmer, A. C. Hall, and Alfred Lomax, were appointed to report resolutions expressive of the sentiments and intentions of the Democrats. While the committee were absent the audience were favored with an able and timely address by M. K. Farrand. of Laporte. - " The committee made the following report, which was unanimously adopted amid great enthusiasm, the cheers of the audience frequently interrupting the reading of the resolutions: Whereas, The "-Democrat" printing office In this city was, on the evening of the 15th olt . destroyed by some returned soldiers, while the employes were absent, and threats hare been made by some cowardly outlaws in this county to burn tho houses and destroy the property of other pescenble and law-abiding citizens in our community; and Wiihe. Steps have been taken to obtain redrer-s for the de-truction of the material In said printing oflice and bring the guilty purtles to justice tVoutth the laws, and the public servants entrusted with the execution of the laws have fsiled to discharge their duties as officers; and Whkrras, The party in the minority in this city and county have no reason to expect jotke at the bands of the dominant party, but, on the contrary, believe that these outrages upon their rights and property are planned and sanctioned by the leaders of the abolition party in this county, who are too cowardly to do the dirty work themselves, but who rejoice at the destruction of their neighbors' property; and wishing to give them and all others concerned to ondet stand what our future course shall be, we llesolve, 1st. That we are now, as we ever have been, in favor of obeying the Constitution of the United States, and all taws made thereunder. 2d. Thtt in tho destruction of the "Democrat" printing material we recognize a-direct attack upon the pirty whose organ it is, and whose principles it represents. 3d. That we will resort to the civil law for the purpose of obtaining justice, whenever there is any reason to expect that the same can be reached through that channel; and if this shall fail us, then we will assert our rights by farce, and in such a manner that they shall be respected. 4th. That those fanatics and cowards in our midst who are in the bnbit of pointing soldiers to penceatde and respectable citizens, using such epithets as "copperheads," and traitors," will add to their own personal safety by desisting from such a course iu the future, and insteud of teaching mob violence in their public and private life, palliating mob and openly rejoicing at the destruction of the property of Democrats, tbey had better teach dillWe.illj tay williin their' own walls at such times, and do their rejoicing in their closets. 5th. That in thia community the point ha arrived beyond which submission merges the freeman into the slave, mid resistance becomes a duty; and that we will resist, by force, all attempts to ubridge the elective franchise, under nnv gnise or pretext whatever. C;h. That, above all things else in our community, save our rights and liberties we desire peace and quiet; but th it, if there should be a repetition of the outrage which recently disgraced this city, or any other simil.ir to it, upon the perron or property of any Democrat, ire will retaliate in kind, though it cost us our property and lives; ! v- - . . . 7th.; That the future pence, prosperity and hippinesi of this community depends upon the dominant party; that although we have been outraged, we will enduro the injuries of the past for the sake of peace in the future; but they Fhall not be repealed with impunity. 8th. Tbat we recognize our right to discuss the aft'sirs of our Governme-itrin a pence tble and rational manner, and to support and read a piper that does the same, and these rights and privi leges we wilt enjoy. Uth. That for those mem'er of the Itepuhli can nartv who publicly and privately denounce mob violence, of all kinds, we entertain tbe highest rejard as men and citizens. Ordered: That the proceedings of this meeting be published in the Chicigo Times, Starwentind and Plymouth Democrat.' : DM DICKSON, Chairman. E (. McCoi.u P. McDoxalo, secretaries. Thk Srai:cii ur Ma. Voorheks. Tbe Washington correspondent of the New Yot" Journal of Commerce thus comments upon the speech of Mr Yoouhees, delivered in the House on Saturday lt.8t: . ' But the speech of thediy, which will attract the most attention from the uational public, was that of Mr. .orhees, nf Indiana.., He always speaks without not ex, but ue ver without appci ring to know exactly what be intends to say. He is a most clear heided thinker, graceful in his manner, and has a partiality for well turned sentences, which are always in keeping with the most correct t iste. One point wbicb he made caused a general stare, and was in substance as follows: . "The Government," said he, "is dying, dying, dying," tDd, after a touching allusion to the mourners, he added that uothing could save us as a Republic, unless the people, wbo were the real holders of power, should arise in their strength and assert their rights. But be said many things which riveted the attention of those present, and any attempt to sketch bis argument would be futile. Thit the people of this country have not heard tbe last of Mr Vuorhee as a statesman, is a self-evident proposition. Whether we agree with him or not, we are bound to ac , knowledge his genius and very decided ability. A German Estimate of Lincoln. A Gei man correspondent of a Boston radical paper writes from Washington as follows: : "As for Mr. Lincoln he has not the least interest for me. He is, from every ideal view, a total null a good natured monster, totally devoid of ideas, upheld simply by bis concealed cunning, a quality which harmonizes so well with coarseness. Here, 'in Washington, he has few friends. All speak of him with contempt. - His love of show alone wouli excite an j republican Indignation. Two cavalerist hold continual guard at his gate, and two infanterises at the en trance of his door. Mrs. Lincoln, they say, wants it so, and, to please her, the Republican President must make lacqueys of a dozen Republican citizens every day. Even in Europe no Prince permits himself such humbug. Congress ought to take hold of this matter. "One of the most prominent politicians in Washington told me he heard Mr. Lincoln say, The best policy U to have no policy at all. I replied, 'Translated into German, that means it la best to Lave no principles at ail, and as little sense as possible.' This is aptly expressed by our German proverb: 'He gets along by his sttw pidity.' And it is very sirapie; for those who are smarter make use of him, and those who are still more stupid aid him." Good -From the Congressional Globe, of the 1st, we get the following: , Mr. Cox offered the following resolution, which waa read, considered, and agreed to: . . Resolved, That tbe rebellion be, and the same is hereby abolished. . . . , As that settles the question, we hope nor that we shall hare no more of the rebellious . Btates. ' " : v

THIRTY-EIGHTH CONGRESS.

HOUSE. - i - "WasHiStoTos, March 7. Mr. Cox off er el a resolution calling upon the President, if compatible with public tnterest, to inform the House what steps he has taken or is about to take for the exchange of prisoners, and that he communicate all the published corres pond'iice in relation to the said exchange. Mr. JJ iwes, ot Massachusetts, oMected. and so the resolution lies over. ' " ö The House proceeded to the consideration of the Seuate amendment to the deficiency bill. On motion of Mr. Doolittle tbe bill granting lands to aid in the construction of a railroad from St. Paul to the head of La it e Superior was postponed until Thursday. Mr; d rooks made a speech denouncing the ex travagance In military expenditures. Mr. Stevens thought if tbe items in bis bill were improper the gentleman could vote them down. Mr. Smith, of Kentucky, advocated the item of $30,000 for medical attendance of contrabands. Mr. Mallory; of Kentucky, opposed it, wishing to confine appropriations to those actually em ployed in the army. After a long debate the House adjourned. SENATE. Mr. Foote presented a petition from Eli Thayer praying the passage of a law confiscating the hndsof the rebels and distributing them among freemen. On motion of Mr. Sumner the bili repealing all sets for the rendition of fugitive slaves was made the special order for Wednesday. Mr. Kerman offered the foltowki&T, i Resolved, That a quorum of the Senate consists of a majority of the Senators duly chosen and qualified. Resolved, That If a majority of the President's electors, duly appointed and qualified, vote for one person, he Is the President. Resolved, That if the election of the President devolves on the House of Representatives and tbe rotea of a majority of the States represented iii the House be cast for one person, he is the President.' lief erred to the Committee on Judiciary and ordered to be printed. The Senate went into an executive session after which I; adjourned. ... Wakuinoto.v, March 8. HOUSE Mr. Kusson presented a resolution of the Iowa Legislature in favor of soldiers discharged in coiucquence of wounds or disability being employed iu situations which they are competent to fill under Government, and heartily indorsing the policy of paying soldiers and sailors of African descent the same ns is given to white soldiers and sailors for nimilar services. Referred to the Military Committee Tbe House resumed the consideration of the bill authorizing the Secretary ol the Treasury to sell from time to time, at his discretion, any gold in the Treasury over and alove the amonnt which fn his opinion may be required by the government for the paymen: of interest on the pub lie debt, and other purposes. Mr. Boutwell's amendment, heretofore offered, wss adopted. In lieu of this, and aa a substitute for the original bill to authorize tbe Secretary o' tbe Treas ury to anticipate the payment of the interest on ihe public debt from time to time, with tr without a rebate of interest, the coupons as to him may S'cm expedient Tbe bill in this amended form was passed. 90 against 31. The Deficiency bill was taken up. The House concurred in the larger number of the Senate's amendments, but disagreed toothers The bill will be returned to the Senate. Mr.'Schenck, from the Military Committee, recom tuende dropping unemployed Major and Brigadier Generals. Postponed until Tuesday next. The Senate bill establishing a uniform ambu lance system was passed. The bill making the Provost Marshal General a Brigadier was passed. A bill was reported securing homesteads to no I (tiers and sailors on Ordered to be priuted. Adjourned. cou6scated rebel lands SENATE. The petitition of Eli Thayer and other, pre sen ted on Monday, was incorrectly stated to be in favor of the p arage of a Uw confiscating the latidi of tbe rebels and distributing them among ireedmcn. The petition in reality as-ks Congress to confiscate utterly aud without reserve, the lanis of rebels, and to give ot the same, without other forunlity tlrui occupation, 160 acres to each private in the naval service, aud to each man in the rank and fi!e of the Union army. Mr. Powell called up the joint resolution requesting the Secretary of War to transmit the report and evidence of the Military Commission, of which Gen. McDowell was Piesident. Mr. W'ilsor opimsed the call for these papers, as tbey were necessary to be withheld that thev might be used in tbe prosecution of officers who were culpable.., Mr. Sherman said the evidence in possession of the President , vindicates Geo. Curtis from tbe charge of speculating in cotton. Mr. Towcll said the Senator from Kansas had stated that if he was the President or Secretary of War he would want no liighertulogy lhaubia (Powell's) censure. If be thought the Secretary ot War was doing bis duty, he would not ceusure him." Mr. Lane of K'iiisus said that in three years be had never heard one word from tbe Senator (Howell) in denunciation of the rebel leaders, while day by dav he had heard him denounce the officers of the (Jovernmcnt. Mr. JolTuson hoped the Senator from Massachusetts would withdraw his objection to the passage of the resolution as amended. Mr. Wilson would not resist the passage of the resolution with the amendment of the Senator from Io-va. Mr. Grimes said tbe whole proceeding of the missions were grosdy in violation of the articles of war, which proved that no such commission wi.ould be created except by the President, and he was wholly ignorant of the formation of sucb ,a commission. . Mr. . Grimes considered it noil ing but a commission to fish up testimony derogatory to officers In high standing in the army. He referred to the case of Gen. Curtis who was arraigned on the testimony without bis presence. So satisfactory waa the eridence that the Presineut announced at once that Gen. Curtis was free from all blame If this resolution passes it should be accompanied by a request for any testimony which should properly accompany it. ' After some remarks by Mr. Powell, the resolo lion was informally passed over. Ou motbu of Mr. Line, of Kansas, a resola' tiou was adopted directing the Committee on the Pacific Railroad to inquire into th? expediency of constructing a railroad from Fort Leavenworth to Lawrence. . ' Mr. Carlisle,' from the Committee on Public Lauds, reported back a bill to confirm certain land claims in California. . Referred to the Post Office Committee. Mr. Wilson Introduced a bill to provide for the better Organization of the Quartermasters' Department, which was referred to the Committee on Military Affairs. ' This bill organizes divisions, charged with duties as follow: -. 1st Purchnse and disposition of horses for the service. ' 2d Purchase and issue of clothing, knapsacks, camp and garrison equipage, and accoutrements. 3d Charter of vessels for transportation.' 4th Western transportation and telegraph. . 5th Purchase of forage. 6th Erection of hospitals, b wracks store, houses, stables and bridges . 7th The purchase and distribution of wagons, ambulances and forges. , 8th Inspections and reports. ' . 9th Correspondence, returns and records. Except in case of emergency, or in purchase at the seat of war, advertising for proposals is required. - - The bill also provides Tor the more economical distribution of supplies and for the punishment of Irauds in purchases. "'. The special' order was taken up, being the amendment of Mr. Brown to the bill to promote enlistments. He concluded bis remarks in favor of a general emancipation policy. Adjourned. ' ' - - . HOUSE. .. .. "' - ' ' Wasbikotom, March 9. The House passed the Senate bill constituting Parkeraburg, W. Va., aa a port of delivery. . Mr. Kernao, N,Y., offered preamble, setting forth that' .. - Whereas, tbe law exempts from taxation tbe U. S. bonds, thus enabling the corporations and individuals to withdraw a large amount of personal estates from the taxation, and exercising the

share of burden's, which are thrown chiefly on

tbe real estate- therefore it is Resolved, Tbat tbe Committee on Ways and Means be instructed to inquire into tbe expediency of so changing the law as not to exempt such bonds from tbe Stale aud muoicioal taxation. TRe resolution was adopted. Mr. Garfield reported a bill authorizing the. formation of a regiment of veteran volunteers and engineers in the Army of tl.e Cumberland to serve three years or during the war, the mts to wj ncuim iv me ümici ur uu uipirici ui me States from which they are enlisted. The bill was passed. - The House passed a bill to regulate the dismiss mal of officers from the military and naval service; also, a bill for the protection of overland emigrants, and a bill to establish a bureae of military justice. . The House went into committee on the I sgialative appropriftion till. Mr. McClurg of Missouri defended himself and his associate radicals from the remarks of Messrs. King and Blair. He said tbe attacks upon himself and other radicals were unprovoked and malicious, and supported only by falsehood.' He also spoke of tbem as renegades. SENATE. On motion of Mr. Fessenden. the Senate in sisted upon its amendment to the bill. The Vice President is authorized to appoint a committee to confer with one of the Houne. Tbe Senate then proceeded to the consideration of the motion of Powell, as amended by Grimes and Lane, calling for the report and ev dence of the nvlitary committee of wbich Gen. McDowell was President. The motion was rejected by a vote of 1 1 to 23. The Senate then proceeded to the consideration of the equalization bill, the pending amendment being that of Davis. " Mr. Davis addressed tbe Senate at length in . i.: . i . ia. ur vi uia aiueuuuieufc. Mr. Sherman reported from the Finance Committee, tbe House joint resolution to authorize the Secretary of the Treasury to anticipate the payment of interest on the public debt, wi:h an amendment as follows: "Aud he is hereby authorized to dispose of any gold in the Treasury of the United States, not necessary for the payment of interest on the public debt." ' The resolution was made the special order for to-morrow at 12, o'clock." Mr, Wilnon reported from the Military Committee, the bill to provide for tbe enlistment of any persons residents of certain Stales, into the regiments of other States. Also a bill from the same committee, a substitute for Carlisle that that tbe resolution declaring that the object of the war ia the juration of the rebels in arms ngainst the rightful authority of the United Sulfa and the re-eat abliab men t of such authority that in the prosecution of tbe war the United Slates may adopt whatever measures, not inconsistent with the rules of civilized warfare, which may be deemed nereesary to secure the public safety, now and hereafter, to sny person born and rending in the United St tes whether bond or free owes allegiance to the United St i tes, and this aljegiance is paramount to any duty which such person may owe that; any State, tbat the Constitution of the United States does Dot recognize slaves as property, but as persons owing service or labor in certain States under the laws thereof, and it Is the right and duty of the United Slates to offer said t ar sons such inducements as are bent calculated to enable them to give to their country paramount service. HOUSE. Washisgtok, March 10. The House unanimously passed a bill increasing the pensions of Revolutionary survivors, twelve iu number, to one hundred dollars additional per annum to cease at their death. Mr. Arnold, from the Committee on Roads and Canals, reported a bill "or the construction of a ship canal for the pans je of armed naval vessels from the MiscistJppi tiver into the northern lakes, as it provides for the issue of over $13,UUO,(00 of the bonds, it was regarded ss ia the nature of an appropriation bill, and therefore under the rules it was decided that the bill mutt receive its consideration in the Committee of the Whole on the State of the Union. Mr. Arnold, still occupying tbe floor, reported a bili similar to the above. ' Mr. Brown objected to tbe second reading of the bill, and the question, therefore, recurred in the rejection of the bill. Mowra Arnold, Norton, Dav'm and others briefly urged that tbe bill should receive full consideration, owing to its great itnportsnce. - Mr. Stevens aaid he should vote to reject this bill as a similar one was already before Uie Committee of the Whole where It could be fully discussed. The consideration of tbe bill was postpooed until Mouday week. The House resumed the consideration of the legislative, executive and judicial appropriation bill. A bill granting pensions to survirg soldiers of the war of 1(512 was introduced by Mr. SpauU ding. . Adjourned... SENATE. The ameudmeut of Mr. Sherman to the House biil, authorizing the Secretary of the Treasury to anticiDate tbe navment of the inlereat on the public debt, and providing for tbe sale of the surplus gold now on band, came, up iu the special order. M r. Sherman explained tbe effect of the a mendmeiit. . . Mr. Hendricks opposed it, and moved to amend it By directing the Secretary af the Treasury to sell the surplus gold in the Treasury at public auction after fire days' notice in the Washington snJ New York papen . The morning hour expired, and the subject was postponed till to morrow uooJ. Mr. Punierov beiug entitled to tbe Boor, began a lengthy cprecli u the equalizing bill, in the course of which he announced the authenticity of tbe Chase circular, and proceeded to lay down tbe platform of the Chase party. Mr. Wilkinson replied to Mr. Pomeroy. The nmeudirtTtitof Mr. Davis to the bill equalizing the pay of the soldiers waa rejected, and tbe bill passed by ayes 31, nays 8. . Mr. Sumner presented a memorial of the Low ell manufacturers against the extension of Goodyear's paten.. Referred. A bill granting frsnkiug privilege to the President and Vice President waa passext. Mr. Sumner reported a bill providing tbat the proclamation of emancipation of Jmuary 1. Ic63, be adopted and enactrd as a statute of the United States. The bill granting land to aid in the construction of a road from St. Paul to Lake Superior was passed. Tbe Vice President received a dispatch announcing the passage of the emancipation proc-, lamation by the Virginia Constitutional Convention. . Adjourned. HOUSE. "'' v ' Washisotoü, March II. The Senate bill for fjie admission of Nevada . and Colorado into tbe Union as Slates, will be Ronaidered on the 1.1th. that dav beinp set anart for territorial business. The House pasted the Senate bill the better to carry out the law regulating trade aod intercourse in theludian Country, so aa more effectually to exclude spirits from the Indian node penalty. The House passed tbe Executive, legislative and Judicial officers' appropriation bill, which provides maiuly for salaries, Ac, heretofore fixed by law. Mr. Julian, of Ind.. reported an amendatory homestead bill to facilitate preliminary privileges of settlers. . Adjourned to attend the funeral of tbe wile of an officer of the House. . , , . , SENATE. ; . The Gold bill came up. - , , Mr. Hendricks modified bis amendment of yesterday so ss to provide tbat the Secretary of the Treasury is authorized to dispose of any gold not necessary for payment for war materials and supplies, or for tbe debts of tbe United Slates then due; provided that the sum paid shall be received at iu value in New ork as compared with legal tenders. . ., . . . Mr. Uendricki addressed the Senate, and a discussion ensued between him and Mr. Sber-. man. The House Gold bill was then passed with Mr. Sherman, and wiib a further amendment by Mr. Doolittle restricting the anticipation of the pay- -ment of interest on the public debt to a period of one year. Tli ?iit then retolved that wrin It titinnmi it be until Monday. Mr. Fesseuden presented ' the report of tbe conference committee on the deficiency bill, which wa agreed to. The Post Office bill ( was teo called up and passed, - G7 Wilson, of Massachusetts, stands aloof from present Presidential squabbles. His motto is the nigger first.