Indiana State Guard, Volume 2, Number 31, Indianapolis, Marion County, 8 June 1861 — Page 3

Jtjr The Rev. A. Reck, formerly of this city, will preach in the English Lutheran Church, tomorrow (Sabbath) morning, at 10 o'clock.

Moro of Pendergast's Blundering. Our dispatches state that the rebels at Norfolk have fished up the cannon sunk in the river by Commodore Pendeigast, and have also found that all the powder in the magazine of the Merlimac is dry. It is well known that the Commodore performed his work of destruction in a most bungling manner. He was thoroughly frightened, and not only left his task incomplete, but destroyed what should have been left untouched, and passed by what he should have demolished. The only excuse for his conduct was the be

lief that a large force of Virginia troops was at hand. The President of the Railroad running

from Richmond to Norfolk kept a train of cars running in and out of the Norfolk depot all night sounding the whistle at short intervals. Hearing this Commodore Pendergast thought extra .1 .1. ..ir te

rrains were coming in, nna was inrown on ins equanimity and into the horrible blunders which he committed. Without accusing him of intentional misconduct, it is evident that he was totally unfit for the responsibility intrusted to him.' (Jin. Gazette.

The Merryman Habeas Corpus Case-:Deci'

sion of Judge Taney.

The- following- extract from ..the

The Battle at Acquia Creek. At hist we have something like an intelligent account of the battle at Acquia Creek, between the rebel batteries and the Government War vessels. It is from the Nuw York Tribune, of Monday, which, so far in the war, has shown itself to be the most fully advised paper in the Union: First Lieut. Thomas M. Cash states that the Freeborn whs engaged in cannonading at Acquia Creek on Sunday from 1 1 o'clock, A. M. until 4

P. M., during which time she fired 260 shot and shell, nearly every one of which did execution. During three engagements with the enemy's battery, the Freeborn was struck with six shots, only one of which penetrated, and severely damaged one of the wheels. Anotherpassed through the side, about twenty feet abaft the stem, cutting off one of the main deck beams, then striking a large knee and cutting it completely off,

bolts and all. The fourth shot passed through the bulwarks. The fifth and sixth struck the port-yard, and bounded overboard. Two or three shots struck so close to the vessel as to throw up water sufficient to administer afreshing bath to the gunners. The Pawnee fired 350 shot and shell, but, strange to say, the shell exploded a considerable distance shert of their mark. The shot did good execution. She was the recipient of five shots from the enemy, none of which did material damage. The Freeborn and Pawnee were the only two vessels actively engaged in the fight yesterday. The Yankee, Anacosta, and Reliance were laying off, firing only occasionally. Lieut. Cash says there must have been quite a

number et the rebels killed, as tliey could be distinctly seen from the deck of the Freeborn cai

lying oil many of their number on litters. He says all the guns of the inland battery had been removed to the sand battery on the shore the night before, from which the entire firing proceeded. The shot from the enemy were altogether from rifled cannon, which accounts for their scarifying effect. One of the enemy's shot struck the Pawnee's smoke stack; another took effect in her mizen topmast, and another penetrated her main yard. All of the enemy's guns were silenced save one, which was discharged only at intervals of about 20 minutes, and finally ceased altogether. As the rebels' firing ceased they applied at once the torch to the railroad depot in the vicinity, which, together with the entire length of the wharf, was consumed. It is presumed that in view of the formidable appearance of the Federal troops, and the great execution they have accomplished, the rebels anticipate a landing of troops from the vessels to make sure of the work as well done, and were

determined to destroy as much as possible before their arrival. . My informant says the depot was completely riddled with shot, and presented the appearance of a pepper box. Not a man on either the Pawnee or Freeborn was injured in the least on Saturday, and the greatest enthusiasm prevailed among both officers and men during the engagement.

Col. Robert Anderson. Many seem to be under the impression that Col. Anderson is to be employed in some manner in Kentucky, and some nra making desperate efforts to get up an excitement on the subject. Most of our citizens would be delighted to greet the distinguised hero, but we are sorry to have to say that they will not enjoy the pleasure of seeing him in Kentucky for some time to come. We have just been handed a letter from a personal friend of his in Cincin

nati, to a friend in this city, stating, that, on account of his failing health, he will spend the summer in the mountains of Pennsylvania. He will take no military command here. This annunciation, which may be relied on, will quench a good many blazing sensation articles and paragraphs in the disunion newspapers. We can't help it. We wouldn't, if we could. Louisville Journal. Rebellious Demonstration in Baltimore. Since Gen. Butler left Baltimore that city lias

been growing worse and worse. Intimations of

a threatened attack upon the Twelfth and Tliir

teentli V olunteer regiments caused them to pass

through last night with weapons loaded and

bayonets fixed, In marching through the street,

while lew made demonstrations of loyalty,

large portion cheered for Jeff. Davis, and shook

their fists at the troops. Hits is not all. Hi

railroad company agreed to send the cars contain

ing the baggage and stores of the Thirteenth

regiment across the city on the track, so as to

prevent the delay that would be occasioned by freighting theui from depot to depot. To whom the agreement became known outside the railroad

company and regiment is not known, but it is a

fact that the track was so disarranged as to throw the first freight car off the track. The two regiments did not deem it necessary to remain with their full force to protect their property, consequently a detail of fifteen men were left to accompany it to Washington. The two regiments had hardly left Baltimore before the guard of the Twelfth and Thirteenth left in charge of the baggage -was surrounded by a mob, who threatened

the soldiers, cheered for Jeff. Davis, and, among

The

Ciller tilings, fired three shots at them.

This is a specimen of loval Baltimore.

report from there to-day is that the mob spirit is reviving again. Quartermaster Rochester, of the Thirteenth, is quoted to me as the authority for the above statement.

opinion

Judge Taney gives his constitutional and legal

argument. The remainder is devoted chielly to

citations from Enelish decisions on this question

all of which refer to cases where the question

was simply as to the suspension or refusa

obey the writ without any condition of war or

pretence ot martial law, or ot puonc danger re

quirinjr mnrtial law:

The clause in the Constitution which autho rlzes the suspension of the privilege of the wri

of habeas corpus is in the 9th section of the first

article. This article is devoted to the legislative depart

mentof the United States, and lias not the slight

est reference to the Executive department.

begins by providing "that all legislative power

therein granted shall be vested in a Congress ol

the United States, which shall consist ol a ben

ate and House of Representatives." And sifte

Drescribinif the manner in which these two

branches of the legislative department shall b chosen, it proceeds to enumerate specifically tli

legislative powers which it expressly prohibits

and, at the conclusion of this specification, a

clause is inserted giving Congress "the power to

mako all laws which may be necessary and pro

per for carrying into execution the foregoing

powers, and all other powers vested by this con

stitution in the government of the United States,

or in any department or office thereof.

The power of legislation granted by this latter

clause is by its words carelully confined to the specific objects before enumerated.. But as this

limitation was unavoidably somewhat indefinite,

it was deemed necessary to guard more effectu

ally certain great cardinal principles essential to

the liberty of the citizen, and to the rights and

equality ot the States, by denying to Congress,

in express terms, any power of legislating over

them. It was apprehended, it seems, that such

legislation might be attempted under the pretext

that it was necessary and proper to carry into

execution the powers granted; and it was deter

mined that there should be no room to doubt,

where rights of such vital importance were con cerned, and accordingly this clause is immcdi ately followed by an enumeration of certain sub

jeets, to which the powers of legislation shall not

extend: and the great importance which the

framcrs of the Constitution attached to the privilege of the writ of habeas corpvs to protect the liberty of the citizen, is proved by the fact that its suspension, except in cases of invasion and rebellion, is first in the list of prohibited powers; and even in these cases, the power is denied, and its exercise prohibited, unless the public safety shall require it. It is true, that in the cases mentioned,. Congress is of necessity the judge of whether the public safety does or does not require it; and its judgment is conclusive. But the introduction of these words is a standing admonition to the legislative body of the danger

of suspending it, and of the extreme caution

they should exercise before they give the govern

ment of the United States such power over the

liberty of a citizen.

It is the 2nd article of the Constitution that

provides for the organization of the Executive Department, and enumerates the powers conferred upon it, and prescribes its duties. And if

the high power over the liberty of the citizens now claimed, was intended to be conferred on the President, it would undoubtedly be found in plain words in this article. But there is not a word in it that can furnish the slightest ground to justify the exercise of such a power. ' The article begins by declaring that the Executive power shall be vested in a President of the United States of America, to hold his office during the term of four years and then proceeds to prescribe the mode of election, and to specify

in precise and plain words the powers delegated to him and the duties imposed upon him. , And

the short term for which he is elected, and the narrow limits to which his power is confined.

show the jealousy and apprehension of future danger which the framers of the Constitution

felt in relation to that department of the Govern

ment and how caretully they withheld from it

many of the powers belonging to the Executive branch of the English government which were

considered as dangerous to the liberty of the subject and conferred (and that in clear and specific terms) those powers only which were deemed essential to secure the successful operation of the Government.

He is elected, as I have already said, for the brief term of four years, and is made personally responsible, by impeachment, for malfeasance in office. He is, from necessity and the nature of his duties, the Commander-in-Chief of the army and navy, and of the militia, when in active service. But no appropriation for the support of

the army can bo made by Congress for a longer term than two years, so that it is in the power of the succeeding House of Representatives to withhold the appropriation for its support, and thus disband it, if in their judgment, the President used, or designed to use, it for improper purposes. And although the militia, when in actual service, are under his command, yet the nppointment of

the officers is reserved to the states, as a security against the Use of the military power for purposes dangerous to the liberties of the people or the rights of the States. So, too, his powers in relation to the civil du

ties and authority necessarily conferred on him are fully restricted, as well as those belonging to his military character. He cannot appoint the ordinary officers of Government, nor make a treaty with a foreign nation or Indian tribe without the advice and consent of the Senate, and

cannot appoint even inferior officers unless he is authorized by an act of Congress to do so. He

is not empowered to arrest any one charged with

an onense against the United states, and whom he may, from the evidence before him, believe to be guilty, nor can he authorize any officer, civil or military, to exercise this power, for the 6th article of the Constitution expressly provides that no person "shall be deprived of life, liberty or property without duo process of law" that is, judicial process. And even if the privilege of the writ of habeas corpus was suspended by act

of Congress, and a party not subject to the rules and articles of war was afterward arrested and imprisoned by regular judicial process he could not be detained in prison or brought to trial before a military tribunal, for the article in the amendments to the Constitution, immediately following the one above referred to that is, the 6th article provides that: "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall

have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to hare the assistance of

counsel for his defense."

And the only power, therefore, which the

President possesses, where the "life, liberty, or

property" of a private citizen is concerned, is the

power and duty prescribed in the third section of the second article, which requires "that ha shall take care that the laws be faithfully executed." He is not authorized to execute them himself, or .. through agents or officers, civil or military, appointed by himself, but lie is to take care that they be faithfully carried into execution ns they are expounded and adjudged by the co-ordinate branch of the Government, to which that duty is assigned by the .Constitution. It is thus made his duty to come in aid of the judicial authority, if it shall bo resisted by a force too strong to be overcome without the assistance of the Executive arm. But in exercising this power, lie acts in

subordination to judicial authority, assisting it to execute its process, and enforces its judgments. With such provisions in the Constitution, expressed in language too clear to be misunderstood by any one, I can see no ground whatever for supposing that the President, in any emergency or in any state of things, can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does not faithfully execute the laws, if he takes upon himself legislative power by suspending the writ of habeas corpus and the judicial power also, by arresting and imprisoning a person without due process

ot law. Nor can any argument be drawn trom

the nature of sovereignty, or the necessities of

Government for self defense in times of tumult and danger. The Government of the United States is one of delegated and limited powers. It derives its existence and authority from the Constitution, and neither of its branches, Exec

utive, Legislative, or Judicial, can exercise any of the powers of Government beyond those specified and granted. For "the, 10th article of the

amendments to the Constitution, in express terms provides that "the powers not delegated to the United States by the Constitution, nor prohibited

by it to the States, are reserved to the States re spectively, or to the people."

jE3TGov. Cobb, of Georgia, President of the Congress of the Southern Confederacy, in a speech at Atlanta, Georgia, on the 23d of May, gives the following as the reason why the seat of government for the Southern Confederacy was removed from Montgomery to Richmond. "I suppose you want to know something of what has taken place at Montgomery. We have discharged all our duties made all the arrangements necessary for our protection, and have nd-

journed to meet in Richmond on the 20th of July

next. If you wish to know why the Government was removed to Richmond, 1 can say, circumstances have arisen that have rendered it proper.

We have received the Old Dominion into our

Confederacy. Her soil will perhaps be the battle ground of this struggle. Her enemies are gathered around her to force her into subjection. We felt it our duty to be at the seat of war. We wanted to let Virginia know that whatever throats or dangers were presented to her, filled our hearts with sympathy for her, which we were willing to exhibit, to show that there was not a man in the Confederacy who was afraid to bo at bis post on Virginia soil. We nlso wanted to be near our brave boys, bo that when we threw off the badge of Legislators, we might take up arms and share with them the fortunes of war. We felt the cause of Virginia to be the cause of us all. If she falls we shall all fall ; and we were willing to be at the spot to be among the first victims. We were ready to say to Lincoln, when lie attempts to put his foot on Virginia's soil, "Thus far shalt thou come, and no farther."

r IMPROVFD

-tow A' A

i ii i ,

SPECTACLE

The Phillippi Affair. The Wheeling Intelligencer of Tuesday contains

the following account of the engagement at Phil-

ippi, derived from an eye witness. 1 his account

places the failure to capture the whole squad of secessionists, some 1,500, to tho account of the Indiana troops, who, in their eagerness for a fight, fired too soon, and alarmed the secessionists be

fore the full force could reach them :

We learn from a gentleman who left Phillippi

at y o clock yesterday morning and arrived here

last night at 1 1, that the Secessionists were routed about daylight yesterday morning. They were not expecting an attack. They were first fired upon from a battery attached to an Indiana regiment. They fired one shot in return and fled,

leaving nil their arms, horses, provisions, ammunition, fcc. Col. Kelly, with his command, was

on the opposite side of the town from where the fire commenced. Only two of the Secessionists were killed, and not more than half a dozen

taken prisoners, among whom is Willey, who was captured in the woods by Capt. George Robin

son. -

After the Secessionists had fled, and Colonel

Kelly was marching into town at the head of his

command, he was approached by a desperado

named Mart Johnson, of rruntytown, who shot him with a revolver, the ball taking effect in his breast. Johnson was immediately seized, and would have been instantly pinioned to the earth by a hundred bayonets, but the magnanimous Colonel ordered the men to spare him. It is thought that had the Indiana regiment delayed fifteen minutes longer in opening the fire, the whole sixteen hundred secessionists could have been captured. :

The special dispatches to the Cincinnati papers

from Columbus say : Lieut. Starling Sullivant, who went from here on Saturday nigh with stores and dispatches, returned this afternoon. He left Grafton last night at 6 o'clock. He reports that the Phillippi engagement, eixteen miles south of Grafton, between the Wheeling and Parkersburg branches of the Baltimore & Ohio Railroad, took place about 5 o'clock Monday morning. Eight companies of Col. Kelley's Wheeling Regiment, eight companies of each of the Indiana Regiments, and six companies of the Ohio Sixteenth Regiment, numbering about 2,300 men commanded by Kelley, attacked about 1,500 Secessionists well armed and equipped. Late Sunday night, in a violent storm of wind and rain, Kelley marched his men from Grafton. The plan was well laid for a complete surprise, but the impetuosity of a few of the troops gave tho rebels warning. They fled in haste, leaving their baggage, forty horses, four wagons loaded with provisions, and about 600 muskets. In charging after them, Col. Kelley, in advance of his men, was shot with a revolver, by a rebel

who had charge of a provision wagon, the ball entering his right breast and lodging in his shoulder. The rebel immediately was made prisoner, and the men with difficulty restrained from shooting

him.

News of the engagement was brought into

Grafton by Col. Kelley 8 guide to the secession

camp, who was sent back for the Colonel's two

sons.

Louisville, June 5. The Bulletin says Col

Anderson feels sure no more troops are coming

here. JNo interference with lennessee, respecting railroad matters is anticipated, and that the Louisville and Nashville railroad will obey the orders of the Federal Government. The Memphis Argus of the 3d says that boat owners and Captains of that city have recommended the military authorities not to allow boats armed North, or by Northern sympathizers, to run in Southern waters.

SPECIAL NOTICE. ; Jly Corona. The sihlden chanos of our climate are sources of Pulmonary, HRoNrHML and Afmm&iic A fkk'Tioni Experience having proved that siinlo remedies often act speedily and certainly when tnken In the early gtnr;ea of the disease, recourHe hould at once he had to ''ilreicn1 Bronchial Troches," or Lozpngos, lot the Cold, Cough, or Irritation of the Throat be ever so slight, as by this precaution a more serious attack. may be etioctually warded olf. Pcblic Speakers and .Singers will find Ihcm eflectual for clearing and strengthening the voice. Soo advertisement. . decl-Gm

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Theee Pill should not be taken by females during th FIRST

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Full directions in the pamphlet around each package, which

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Solo Agent for the United States and Canada, - JOB MOSES, (Late I. c. Baldwin & Co.,)Rochester, N. V.

N. B. 91.00 and 0 postago stamps enclosed to any authorized

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WILLIAM HENDERSON, Attorney and Counsellor at Law, INUI.tNAPHI.ISt, INDIANA. Will Practice in (lie Supreme and Federal Courts at Indianapolis, and in tlic Adjoining Counties. Itr-KPKCIAI. ATTENTION WILL BE GIVEN TOTjr COLLECTING & SECUKI1 CLAIMS, lu any pnrtof Hie State, whore the sume can be sued in the U. S. Court. Ai'jO-ly SPRING GOODS AT WILLARD'S, No. 8 E. Washington St., Indianapolis, 1 hey earnestly soliclto an examination of their Slock , and tho special attention of those who wish to buy Goods at REALLY CASH PRICES, And bo entirely satisfied.

From Grafton. Special Uispalli to blie Cincinnati Gazette. .

Grafton, June 5. I came through to-day on a provision train from Wheeling. The bridges re prepared again, but no trains are running except for the Government. The American flag is flying along the whole route. The Ohio troops are guarding the road back to Wheeling. Major Loring was brought through to-night. He was arrested on a charge of treason.

(Jol. Kelley is much better, but not out of dan ger. He was brought over to-day from Phillip

pi. There are twenty companies of infantry and

Several ot artillery there as a garrison.

A wonderful change of sentiment has taken

place there. I he Union feeling is now largely

predominant. Nearly seven thousand troops are

here and at rlullippi, viz: llie Sixth, seventh and Ninth Indiana Regiments, First Va., and Col's. Irvine and Andrews, and Steadman's regiments, with the Cleveland Artillery of Ohio. Gen. Morris of Indianapolis is in command. He, with Love, Brigade Major, and Hascall, aid to the General, are all West Pointers, and experienced United States officers. It is not known how many rebels were killed at Phillippi. They were under the command of Col. Rulerfiel, of Eastern Virginia. Erroneous statements have been made about the troops engaged in the Phillippi affair. Col. Dumont's Seventh Indiana Regiment led the attacking column. Col. Crittenden's Regiment did not get up in time to participate. The march that night was really wonderful. In looking at the ground one is astonished that they could travel the distance, under any circumstances, in the time they did. It whs never exceeded in the military history of the country. The troops are moving to Phillippi to night. j

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