Weekly Wabash Express, Volume XXI, Number 40, Terre Haute, Vigo County, 9 September 1863 — Page 2

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WEEKLY EXPRESS

OCTOBER ELECTION.

INCONDITIONAL UNION TICKET

FOR COUNTY AUDITOR, EDWARD B. ALLEN.

FOE COUNTY RECORDER, RICHARD J. SPARKS.

FOR APPRAISER OF SEAL ESTATE, ALFRED B. PEGG.

FOR STATE LEGISLATOR, RUFtrS H. SIMPSON.

The Rebel Armies Inactive. Since the battles of Gettysburg, aDd the surrender of Port Hudson and Vicksburg, the armies of the Confederacy, with the exceptions of a few small cavalry raids, have been entirely inactive. Gen. LEE has been, and still is, making the most energetic efforts to strengthen his shattered and discouraged columns, and to prepare tbem for the field of active operations. There can be but little doubt but that he is meeting with considerable success.

The deserters from his army since the battles of Gettysburg, have been very numerous and seriously impaired the discipline of his forces, but the rigid enforcement of the conscript law has added much strength to th«m and given them some encouragement for tho future.

JHFFER80N DAVIS and bis adjnsers as well as Gen. LEE himself, are not insensible to the desperate condition of the Confederacy, and know full well that nothing short of the most superhuman efforts on their part, can even prolong the life of their pretended gov* eminent, beyond the period of a few months. The last hope with them, is, that France may interfere, or that the "conservative masses" of the North, according to the Richmond Examiner, may create such violent opposition to the war as to force the Administration into a recognition of their Independence, and as a consequence a permanent dissolution of the Union.

But neither of these events will likely take place. YALLANDIOHAM and the WOODS of New York, together with somo of the lessor lights of that organization, would, doubtless, they had the power, involve the North in the horrors of revolution, that tho Federal Government might thus be compelled to stop the war, but fortunately for humanity and good government, they are incapable of accomplishing any such designs.

And as to the interference of France, tho prospect is not particularly brilliant.This event howevor, may occur, but if it does at all it will be at a very early day. Now that tho Mexican Republic is beneath the feet of tho wily NAPOLEON, his American policy will begin to develope itself. There is but littlo doubt but that MAXIMILIAN has accepted the responspiblo position of guiding the destinies of the Empire of Mexico, and tho institutions and customs of that unfortunate people will rapidly change to suit tho French Do minion. The intorval between tho subjugation of that country and French intervention in our affairs will not be very long, if the Emperor contemplates any such action. In the present condition of the Confederacy, it is apparent to the world that it must soon succumb, in which event Franco would be compelled to fight nearly the whole power of the Union, and NAPOLEON knows full well that the task would be a greater one than lio would be able to accomplish successfully.

This last hope of tho rebel leaders, although a forlorn one, will not bo abandoned To await its probable oacurrenco in Lhcii opinions, they will surely make another des perate effort lo drive back the Federal armies which are pressing upon them from all sides. But they are powerless for more than another sampaign, and must yield to their fate disastrous as it may be to them, should they not, in tho mean time, receivo the aid of aomo formidable foreign power.

LEE, BRAGH, JOHNSTON and BUCKNER, are doing nothing, unless forced to activity by the advances of the Federal columns. They seem to be enjoying a season of sullen despair. Their armies have been well whipped and lost tho prestige which early success gave them. Thoir Confederacy has been divided, and penetrated at all points. Thoir great linos of communication have been broken and destroyod beyond their ability to repair Desertions no longer take place but by squads and companies. Feuds are springing up among the leaders, and a portion of the Confederacy is iu open and defiant revolt. MORGAN, MOSKBY, JIFF. THOMPSON, DICK MCCANN. agd others, of their once dashing cavalry raiders, have either been killed, or captured, so that, that branch of their service is powerless for much evil to tho Federal cause. Iu fact, demoralization and despair havo settled down upon tho largest portion of tho Confederacy, aBd many of its leaders are as sullen, as the savages who have been driven from their hunting grounds, and the grave of their fathers.

BURNSIDE and ROSECRANB, are penetrating a point of the Confederacy which is essenial to its vitality. East Tennessee is being liberatod from tho fetters which have bound it to the Richmond despotism for nearly throe years, and that dark, and defiant Unionism which has been compelled to seek a home and protection in tho fastnesses of the mountains, will now como forth to strengthen the Federal cause. Iu turn, the rebels will bo compelled to abandon their homes, and ilco the wrath of those they have oppressed and maltreated them with tho malignity of fiends.

This advance of these two distinguished Gouorals with their victorious forces constitute most important movements, and exposes tho Confederacy to the most serious losses which it has yet sustained. Thus gradually does tho cordon of Federal bayo nets narrow the circle of rebel dominion.— The world sees plainly that tho rebellion is

ure to sink to utter ruin, and tho prolongation of the contest can only spread further and further the desolation which the wickedness and lolly of tho leaders have brought upon their deceived and betrayed people.— But in the end they will forfeit their lives in partial atonement for their crimes against humauity, and the most beneficent Government which God in the amplitude of his perfectibility ever pejmitted man to establish.

TTniou Demonstration at Yiuceunes. On Thursday of this week there is to bo a Union mass convention at Vincenues, which will be addressed by General JOHN A. LOG AN, General Kimball. General HOVKY, Hon. R. W. THOMPSON, aud others.

Arrangements

are being made to accom

modate a crowd of twenty-live thousand

Speaking will take place from threo or

lour stands. Let Vigo county fend a delegation of one thousand at least. Our opponent, are vigorouiy ud uncsiogly .t «ork, .« "rtwlj b, admonished bj their Mtion

ball rolling.

k«P

The Three Hundred Dollar Clause— An Opinion from Hon. Thaddcns Stevens.

The Lancaster Express publishes the following opinion of Eon. Th&ddcus Stevens, in regard to the effect of tho payment of the $300 commutation by a drafted man:

IjANCAStEK, August 27, 1863.

DEAR SIR: In answer to your inquiry, my opinion is that the payment of the $300,commutation and the furnishing a substitute, have precisely the same effect. Either of them frees the drafted man from further draft for three years. He is in effect in service, either by himself or another. The pay mentjof $300jmakes the Government his agent to procure a substitute. The Government

has consented to act as such agent. The law 8ayahe may, "on or b'efore the day fixed for his appearance, furnish an acceptable substitute, or pay such sums not exceeding $300 for the procuration of such substitute, or, paying the money, shall be discharged from further liability under the draft." No one doubts that furnishing a substitute excuses for three years. To give a different effect to the payment of tho commutation seems to me little less than an absurdity. It is a very mischievous misconstruction, which, if need be, I have no doubt, Congress will correct

THADDEUS STEVENS.

D. REILLEY, ESQ. The above is certainly the proper construction to put on that provision of the Conscript law.

The government drafts far three years and gives the drafted man the privilege efpaying $300, as an exemption from that term of service, or serving the time out himself. The government accepted that sum in lieuoffArfe years service from the conscript. Or he can furnish a substitute for that timo, which also exempts him.

But it would be singular if after the drafted man bad paid $300, or furnished a substitute, if he should a month' afterwards, in the enforcement of another draft, be compelled to pay another $300, or furbish another substitute. Should anew draft take place every day, on that kind of reasoning, he would in the course oC*three yeaxs for which he was drafted be compelled to furnish about nine hundred, substitutes, or pay the small sum of $270,000 as an exemption fee, from tho three years service. The idea is absurd. To pay the $300, or furnish an acceptable substitute, must, as a matter of course exempt the drafted man for tho term for which lie was drafted.

The Annies of Virginia.

There aro numerous reports in circulation, in regard to the real or contemplated movements of the opposing armies of Virginia. So far, no recent movement of either has ta° ken place, of any considerable importance. But there can bo no question that both General LF.E and Gcnoaal MEADE, are using the utmost energy in preparing their respective commands for another bloody conflict.

The Federal army has been heavily reinforced, and conscripts are constantly going forward by the thousands to lill tho thinned ranks of the old regiments. These new levies aro being drilled and disciplined iu tho best manner and will, in conncction with the old troops become veterans within the spaco of two or three months.

The regiments which havo been absent in New York will doubtless return to the army of the Potomac in a very short time, as tho draft is completed in that Stale. Altogether, tho army of General ME ADE will be as efficient as ever before, and fully ablo to check and defeat any movo the rebel general may make.

LEE will evidently strike at the earliest moment he considers li imself able to do so. Upon his army hangs the fato ol the Confederacy more than upon anything else. And it cannot remain idle, and allow the federal forces to destroy tho Confederacy atleasure.

Goa. MEADE will doubtless act entirely on tho defensive, and force LEE to attack him on ground of his own selection. At any rate tho campaign will soon begiu.

tbe

Cai Speccli at Hie Com rouse. The Court House bell was rang Saturday evening anl a largo audience gathered to hear a speech (roni the General. Ho was not advised ol the matter until notified that nil audience were waiting for him, but came down and told the people what he thought, of mitih nummary and "arbitrary proceedings." H" deelnred tho whole to be unconstitutional that no" process had been served upou hiui that ho had no time to prepare his detenne, and yet, as he was a soldier and obedient to the ruling power, he could not demand a writ of habeas corpus, under tho circumstances. Ho claimed one right, however, viz: that if this was tho way the Hoosiers treated strangers, he had the right to demand, after being in the Stito one year, that, he should be adopted as a Hoosier, so as to have the rights of a Hoosier citizen. We give simply the main idea upon which the address was hinged, and that, in brief, was as follows: That through Revelation, Prophecy and Providence, it wasdistinctly manifest, that the ultimate result of human progress must bo pure and pervasive civil and riligioua liberty that, tho truo test of the advancement of a people, was their approximation to this staudard, that all national development is to be characterised by the same laws that govern tho purity and development of tho indi\idual man, aud that the sure and unfailing blessing ol the Creator, who rules nations as well as individual man, was pled^od to tho support and prosperity of the people

who

illustrated by historical references, and then applied, as a test., to tho principles operating upon the North and South in carrying on this war. Their respective educational, religious and physical endowments and system were sketched, with tho illustration of tho extent to which each hail developed or departed from tho normal laws of healthy civil life, and the principles of the Fathers. The principle was laid down, that, in spite of all and any temporary expedient of section or partt, no nation or section could permanently prosper bv the Great law of intrinsic Right, in dealing with the peoplo. The progress of the war was sketched, with the position and bearings of tho ditlerent armies, and this was measured by the ordinary rules of military strategy and physical effort. As to tho result, success was dependant ujon the faitfulness and endurance of the Nerth. Tho question of whether we will pay he cost of vitory, was answered by an analysis of our resources, autl a picture of ilelcat, with the Gull" and South under the control of European dictation and European policy. Our defeats and sacrifices were treated so many tests designed of Providence to pn ve our fitness to succeed, and perpetuate the institutions of tho fathers.

The very fact that DO human foresight had been able to anticipate the issues of cam paigns iu advance, was only proof that our duty led us to trust Providence while laboring unceasingly for the common good.

The question of the use of negroes and slaves wns incidentally touched by the application of the ordinary mles of war, viz: to

use every faculty nod agedcy in our control that has either the fitness or will to aid UP, against every faculty afad agency employed by our foes, and to wreak from, and turn against the rebels every element of their power which we can reach.

The foregoing is a brief outline of the address. Several quotations from the Bible were used to point out the assurance that the Almighty designed for man his highest advancement, and that He had pledged this advancement as the fit accompaniment of the spread of the Gospel in the world With all the seriousness and philosophy which formed the ground work of the argument, there was many good humorous hits and playful illustrations, giving point to the discussion of the parts the respective sections bear in the con troversy.

Parties were treated as necessary adjuncts to a Republic and free speech, and a free press, as the methods by which the people determine the failue of a system of policy and the necessity of a change. Criticism of governmental measures, the Government being our own, were treated as one would criticize the conduct of a friend, and as in dulged for the good of that fricud, and to make him more worthy of regard But it was less true tba* the bitter abuse of public policy, was as unpatriotic and mischievous, as the friendship of an alleged friend, would be false, if the criticism became general aBd vituperative.

The address had no partisan feature, but was Union throughout, and the logic irresistible from the sound premises taken. We judge from the whole spirit of the address that the speaker regarded the present con test as a part of a great moral struggle going on for the elevation of the race, and his faith in the result seems as sure as his advo cacy of the thorough prosecution of the war was spirited and positive.

From Daily Express of September 6

Arise Daniel and Come te Judgment The Circuit Court commences its session here ou Monday morning, when the Grand Jury will be empannoled, charged and sworn."

DANIEL W. VOORHEES, it "behooves" you to appear before that jury for a solemn purpose und to discbarge an obligation which you owe this peoplo.

In a certain card which appears in the Journal of this city, bearing date August 10th, 1863, and to which your signature is attached, you used the following language, to-wit:

Every effort, from the breaking out of this

war to the

present time, has been made by

the EXPRESS and kindred sheets, supported by leading and inlluential citizens, to cause soldiers, with all the advantages of arms and combined numbers, to attack and murder law abiding-people, and destroy their property, on account of a difference ot political opinions. In some instances we all know that success has attended their efforts.

There is no way for you or your friends to avoid this quotation by saying that you are reported not correctly. The accusation must hav». been written down with deliberation. The words," we all know," certainly includes youiself. What is it that you know It is, according to your own allegation, that this paper and leading citizens of this city, have made every effort to cause soldiers to attack and muiderjaw-abiding people. This is a grave charge to mako, and you would cer tainly not have made it, and published it to tho world, unless you did in fact know your statements to be true.

You have harped a great deal on the judiciary, its rights, powers, and the duty of citizens to submit all matters involving their interest to its arbitration. This is right and proper BO far. Now, it is not only yourjright to go before the Grand Jury and have the men indicted whom you have charged with the crime, but it is your duty to do so, as a law-abiding citizen. You can there specify the names of the soldiers who have been induced by our leading and influential citizens to murder law abiding peoplo. You can doubtless inform said jury when tho murder was committed, where it was committed, and by whom committed, as well us the names of tho leading citizens who caused it to be done.

To what regiment did the soldiers belong who perpetrated the murder, and who were the victims of their vengeance. l'or the honor of Indiana we trust, none of her gallant Bohliers will be anaigimd for the crime, ou your charge. Every citizen and every aoldier feels deeply for the pride of the State. We shall await the investigation of the jury with deep solicitude. But should yon fail to make your grave charges, against leading citizens and soldiers true, you will, as a matter of course, subject yourself to tho charge of being a slanderer and a false accuser, something which all honorable men including yourself, must loathe and despise as the meanest attributes ot the human character.

Democracy in Olden Time RETURN J. MKIOS,once Governor of Ohio, and for several years Postmaster General under MADISON and MONROE, was a Democrat of the olden stamp. A member ol the Democratic party of 1812, he saw his country surrouuded by enemies of tho. worst kii.d Federalists—who would betry it into tho

hands

thus obey his laws. 1 his idea was

of the enemy, if they could, and who were seizing every occasion to ive aid and comfort to kinghuid, even going so far, at times, as to recommend resistance to the draft, which Mr. MATUSON was enforcing

This naturally created not. only uneasiness, but mortification in tho minds ol patriots, eveiywhere aud Governor MKIUS tookoccu' sion to call attention to this class, in a message to the Legislature of Ohio, then in session at Ohillicothe, the old capitol of the State.

The paper was transmitted to tho Senate ou the 3d of March, 1811, at a timo when the south wc. was seriously threatened by the combined forces of British and Indians. Ho SAYS:

The Six Point

Tiio "six points" which the governments of England, France and Austria have un ited in demanding from Russia on behalf of Poland, and of which so much is now being said, are as follows: 1. Gcnoral Amnesty. 2. National representation, with powers similar to those which aro fixed by the charter of the 15—27 November. 1815. 3. Poles to be named to public offices in such a manner as to form a distinct national administration, having the confidence of the countrv. 3. Full and entiro liberty of conscience,

repeal

of the restrictions imposed on Calhlic worship. 5. Tho Polish language recoguizcd in the Kingdom as the official language, and used as such in the administration of the law and in education. (5. The establishment of a regular and legal maimer of recruiting.

WHAT is the meauing of a backbiter?" asked a clergyman at a Sunday school recitation. This was a puzzler. It went along the class till it came to a simple urchin-, who said, sheepishly, "Perhaps it be a flea."

From Harper'* Weekly.

WMfcltE ARE THE COPPERHEADS!

Go look upon the battle-field, Where shot and shell fly fast— Where Freedom's stirring battle-cry ts beard upon the blai-t Go where the lifted sabers flash

And faU on traitor crests, 'f Where Southern bajooeti are dim With blood from Northern breasts Go search amid the loyal ranks—

Among the glorious dead— Among them all yen will not And A tingle Copperhead.

Go search the gtin-boat's bloody deck When the dread conflict's done The traitor's banner in the duet.

And silenced every gun While o'er the hard -won rampart flaats Our flag, yet oh I what pain, 'Neath that dear flag since morning light

How many haye been Main! Among the heroes of tbe The living and the dead— Go search among them—there is sot

A single Copperhead.

Go search the crowded hospital, Where ghastly wounds are seen, Which tell through what a struggle fierce

Those noble men have been But look opon their faces, lot They smile through all their pain Tbe gears they bear were nobly won—

Their honor has no stain. Soft hands are minist'ring—kind words Are heard around each bed Some soothe, some suffer, all are trut—

There is no Copperhead.

Go where the look can scarce conceal Thetreason of the heart, And where the tongue would willingly

Defend the traitor's part Where Seymoar, Wood, and Voorhees ar» Deemed patriotic men Go where they wish Vallandlgham

Was safely back again Go where desertion is no crime— Wbero loyalty is dead— Wliere sad disaster gives no pain

There is the Copperhead.

Go where foul scorn is heaped upon Our noble boys, who go To stand a wall or fire between

Us and our traitor foe Go where bold Grant's revilers are— Where Burnside is defamed Where Banks and Butler—noble names!

In scorn alone are named Go where true patriotic pride, Honor, and Truth are dead— Where our success brings bnt despair

Tliere is the Copperhead.

State of Indiana vs. Matthias Brown Brown was arrested upon the affidavit of Charles W. Russell, charged with the crime of murder, by killing Dr. Benjamin Collings a rencounter between them in Terre Haute, on Friday evening, the 3d inst.

Tho trial took placo Saturday last, before T. J. FOURKST, Esq., and resulted in tho discharge of Brown, upon the ground that he was justified in killing Collings, in self-de-fense.

The prosecution was conducted by J. T. SCOTT, Esq., the District Prosecutor, assisted by W. MACK, Esq. Col. R. W. THOMPSON appeared for the defense.

THE TESTIMONY FOR THE 8TATK,

CHAKLES W. RUS3ELL—Was present at tho rencounter between Conllings and Brown.— Collings and Chauncev Carr had been engaged in a controversy about a butternut breastpin which Carr had, some time before, taken from a young lady, and Collings said to him, "If you want to take a littlo tilt over this with a Colt's revolver, or any thing else, you can do it." Carr replied, that he did not feel disposed to fight over so trifling an aftair as a butternu aud had no pistol.— Collings said he would fight him in any way, but Carr declined to fight. He (Collings) claimed that a man had a right to wear butternut if he chose. Brown then replied to this remark of Collings', by saying, he did not think he had. Collings osked, why and Brown said, because it provokes the Union men. Collings still insisted on the right, and Brown denied it, until Brown called him a damned liar. Collings immediately struck at or struck Brown with his fist—he could not say positively which. Brown either threw his head back, or waB knocked back by Collings, and drew his revolver.— Collings, almost at tho same time, drew his revolver too. The shots then fired, but he is not certain which shot first—ho is, however, under the impression that Brown did.— There was very little difference between the shots He (witness)

was

so "flustrated" that

he was not sure how many shots were fired is certain there were two. Collings fell with his i.'viilvur at his feet, when Brown came up and took the revolver, and remarked, "I've luid them out that way before, but where they were killed, thou wo did not know who killed them." Collings did not live over fifteen minutes, and spoke but a word. He had semi Collings and Brown meet about fifteen minutes before the fight, when they shook hands and passed compliments.

Lucius E. ELWELL—Saw the affair it occured on the pavement near the corner of Elwell's store, immediately south of the Msy ket House. Collings and some old gen tlemen had been taking together but Collings went over to Kester and returned, and he and Chauncey Carr then commenced a conversation about a buLternut breastpin Carr had taken from a lady sometime before. Collings asked him if he would retnrn it, aud Carr replied, p'.iintps so Collings said that no ono had right to take a butternut pin off of anybody—that anybody had a right to wear one if they choose, isoon after, Brown came up and said that no one had a right to wear a butternut pin-, and Collings said thev had the right Brown at last called him a damned liar, whon I saw Collings make a plunge, but could not see what then occurred for a post whhdt was in the way. I was in tlm store, standing near the end of the counter toward the door. I saw Brown out the window and Collings out of tho door--there being a space between them covered by tho wall w.iiuh 1 could not soe. At the instant that I saw Brown out of the window, 1 saw him draw his revolver, and very shortly afteiwards Colliugs drew his. Browu tired first and as he fired he dodged under the window, and that was the last 1 saw of him. Collings lircd immediately after Brown. The sound of the pistols was like a long fire, but the loudest report sounded last. Alter the firing I stepped to the door, and Codings lived only a little while—didn't suppose it was over ten minutes. Brown picked up Collings' revolver and said he had done such a thing many a time before he supposed I saw no more of Browu. There was hardly any timo after Brown drew his revolver, before Collings drew his. 1 don't remember to have heard Brown ask Collings why a man had no right to wear a butternut. The affair took place about GV-a' o'clock Friday evening.

THOMAS WADLKR—Came to the place about dusk Ceilings and Carr bad some difficulty about a butternut. Collings said to Carr that lie must come down and make that thiug right with the woman he had taken the butternut from, and that if he did not he would fight him any way—either a fist fight or with a pistol. They talked a good deal Collings stood at the door Collings said ho did not believe it was right to take a butternut off of anybody Brown then said it was, and that all the Butternuts was traitors Collings immediately struck at him. When he strck Brown, he (Browu) pulled out his revolver aud moved around the corner, and all at ouce both pistols fired, pretty close together couldn't hardly tell the difference. They fired so close together that ho couldn't hardly tell which fired first Collings struck Brown soraewhere about the face or breast couldn't tell which he was about three feet from Brown when he drew his pistol. When Brown drew his pistol he dodged around the corner of the house. He came back after Collings tell and looked it him and went off. Brown said something, but be did not listen to it. It seemed to him that he heard the left (Brown's) pistol first, but he nerer heard such close shooting.

THE TtSTOfOmr FOE THE DEPEXG*. CHAUXCSY CAB*—Ho and, Collings had a controversy about a butternut breastpin that be had taken from a yeung lady some time befere. Collings proposed to fight him with )istols, then or in ten, twenty or thirty days 3e told Collings that he had taken it in fun, and that be was a friend of the young lady, and that he had DO pistol and didn't desire to fight as he was a mere boy. Collings said if he did not return the butternut he would whip him anyhow that anybody had a right to wear a butternut that chose. At that time

Brown said that he did not think they had, and after some words between him and Col lings. Brown called Collings a damned liar. Collings immediately struck Brown on tbe cheek, when Brown leaned or fell back and threw up his'hands as if he was trying to strike, but did not. Collings then stepped back and pulled out his revolver. Brown retreated around the corner of the house and slipped or dodged, and Collings shot at him after he retreated around the corner. Brown got around the hitching post and made two attempts to shoot before his pistol went off. It went off at the second attempt. After Collings fell, Brown walked up and said that was the fate of traitors. He was four or five feet off, and is sure that Collings ettempted to draw his pistol, before

Brown drew bis. Brown tried to get behind the door post before Collings fired. JAMES PETOR—At tbe time ot the affair he was sitting on tbe head of a barrel immediately behind Brown, and not more than two feet from'him, when Brown called Collings a liar Collings struck him, and Brown staggered back against him. Brown's hat fell off and he caught it. He told Collings not to strike a sick boy, and immediately got up but by the time be had got up Collings had his haad on his revQlver at his left side. He did not see Brown draw his, but they must have got them out about the same time. Brown immediately jumped behind the corner of the house and Colling's pistol fired. He supposed Brown was shot, as he had got, or slipped down in going around the corner. Brown got up again and shot as he returned from around the corner. Dolling's then attempted to shoot again, but did not, and fell At the time Brown shot, Collings was moving towards the door. Brown had been sick and last Saturday and Sunday was very sick. He was at home from the army upon a sick furlough.

WKBSTKR TRYON—Heard the conversation between the parties, about in the manner detailed by the otner witnesses, and saw Collings strike Brown. He did not see the revolvers until they were drawn, but saw Brown slip around the corner of tho house after he drew his, and as he did so Collings fired. As soon as Brown could get back from around the corner he did so and fired at Collings, and Collings soon after fell. "WESLEY OLVERSTOL—Was present, but being a little deaf, could not detail the whole conversation. The shots seemed to him to be about the samo time he could not tell any difference, and could not tell which drew first. He saw Collings fire, and at the time he fired Brown was around the corner. •T AIM OLVERSTOL—Saw Collings 6trike Brown, but did not see either of them draw their pistols. Saw them with the pistols and heard them fire, and thinks there was a little difference in the firing. Brown was around the corner at the time of the firing. Cannot tell which fired first.

FRANCIS GREENUP Saw Collings and Brown both shoot, and thought they both shot at once. After the pistols were drawn Brown jumped behind the corner, and reached his hand around and shot.

L. BRISCOE—Saw Collings strike Brown, and immediately put his hand to his left side aud draw his revolver. Brown then drew his, and dodged around the corner. Collings was drawing first, and fired as Brown dodged around the cerncr when Brown a.so fired, and Collings soon after fell.

ABRAM WISE—Saw Collings strike Brown, but could not tell which drew first. Heard the pistols fire, and could just distinguish that one went off before the other. Brown was around the corner wheu the firing took place.

JOHN S. MOORE—Heard the conversation between Collings and Carr, and between Collings and Brown, as detailed by other witnesses. Saw Colliugs strike Brown, and Brown fell nearly half way down. While ho was bent down he saw Collings reach back on hia left side and draw his revolver, and then Brown drew hia and went around the corner. Collings fired just as Brown swung around the corner. Browu then fired.

JOHN HIGUS—Could not detail all the particulars, but heard two shots. CURTIS BOYLE—Saw Collings strike Brown and draw his revolver. Brown drew his and dodged around the corner, and as he did so Collings shot then Brown shot.

D. ROBERTS—Saw Collings strike Brown, and he fell back on James Tryon. He then saw Collings immediately draw his revolver, and as he looked at Brown he saw that he

had his out. Brown slipped around the corner of the bouse, and as be did so OolliBgs fired. Then Brown fired.

Tbe testimony for the defense here closeo The prosecution examined George W. Boyd, who stated that ho was at his residence south of the Carr building, in which Elwell's stove is kept, and heard the firing. It was very loud, and he could not distinguish between the shots. It seemed to him to be but one shot.

For the prosecution it was admitted by Messrs Scott & Mack that the killing of Collings did not amount to murder either in the first or second degree but they insisted that it amounted to manslaughter, and that Brown should be required to enter into recognizance answer for it in the Circuit Court. They contended that although an inquiring justice might, upon a final trial after indictment, acquit the accused, yet that if there was probable ground for believing that he had committed a crime, it was his duty to require his appearanco before the Circuit Court. Tliey conceded that although Brown's conduct was rude in calling Collings a damned liar, yet that this did not justify Collings in striking him. But they contended that if after he was struck, Brown drew his pistol first, then Collings had the right to draw and fire, and that if, uuder these circumstances, lie had fired and killed Brown, it would have been justifiable homicide. They considered the case as turniug upon the question, vihich of the parties drewjirst.

Col. THOMPSON, for tho defenso, insisted that Brown had n»t been guilty of manslaughter—but that the killibg of Collings was justifiable—because Brown did it self defense He claimed the law to be, that a man had tho right to kill another whenever it became necessary to do so, in order to save his own life, or to protect himself agaiust great bodily harm. Aud a man was not required to wait and see whether his life would be taken, or great bodily injury inflicted on him—for this would bo to put himself in the power of his adversary. All that the law required of.any man was, that he should wait only long enough to be reasonably satisfied that the injury would be inflicted. And this doctrine had been carried so far, that a mau is held justified in killing where he has reasonable ground to believe himself in danger, although it shall turn out that he was mis token. He insisted that Collings bad committed the first offence by striking Brown.— This gave Brown the right to put himself in a condition to defend himself, even by draw ing his pistol, if he only drew it for self-de~ fense. When a man is struck by anothor, the law gives him this right—especially where the party attacked is more feeble tfron he party attacking, as was the case here—Brown being sick. Brown, therefore, being attacked and havingtthe right te draw for self-defense, Collings had no right to draw his pistol for the purpose of continuing the attack—and when he drew for this purpose, being the aggressor, Brown had the right to shoot and take his life, if be reasonably supposed that Collings intended to take his. This would be the condition of these parties, even though Brown may have drawn

first—for bis drawing would only be to defend himself against an ftssaalt and battery already committed upoa him.

If tbe testimony showed that both parties drew at the same time, he contended, that aa Collings was the aggressor, his drawing would relate back te his assault on Brown, and show that he drew for the purpose of continuing the assault—for, if the drawing were simultaneous, Collings could not say that he drew to defend himself against Brown. But, in such case. Brown could rightfully say that he drew to defend himself against the attack of Collings, and then as Oollinga bad drawn to continue the assault, Brown might reasonably believe that he was in danger, and it he shot and killed Collings under these circumstances, it would be justifiable homicide.

He insisted that but two witnesses had stated that Brown drew first, and that even one of these had shown that as he drew be retreated behind the corner. hie would show that he drew only for self defense He claimed that six witnesses testified that Colliugs attempted to draw first, and therefore, that Brown had the right to draw, for as he had been strnck and saw his assailant drawing a revolver, he had just reason to believe that Collings designed to take bis life and had the right to fire and kill Col lings in self-defense.

Three of the witness think that Brown's pistol fired first, but he insisted that he had the right to fire to protect himself for if be drew and retreated around the corner and saw Collings with his pistol raised or advancing upon him, he was justified in killing him. But eight witnesses concur in stating that Collings fired first, and as Brown was retreating around the corner. Two witnesses say that they think the firing was simultaneous, and one says there was a little difference, but cannot say which fired first. It is clear, therefore, that Collings not only drew first, but fired first, and all this being done in continuation of an assault and battery he had committed. Brown had the right to fire and take his life in self-defense. Hence it was the duty of the Justice to discharge him, there being no probable grounds upon which to base the accusation of his guilt of manslaughter. It was very clear, in his opinion, that he was gnilty of no crime, and that he had ouly done what, under like circumstances, almost any other man would have done.

After tbe argument of tho case had closed tbe Justice expressed a wish to hear the testimony of Virgil Sparks, who had been sworn by the prosecution, but not examined. This being assented to by both parties, Mr. Sparks was examined, and testified that he was present and witnessed the transaction. He saw Colling's strike Brown, and saw both of them draw their revolvers. They drew very nearly together, but he thought that Collings fired first. Tbe reports were very close together.

Thereupon the case being closed, the Justice decided that the killing of Collings by Brown was done in self-defense, and therefore, that it was his duty to discharge him. Brown was accordingly discharged.

Old Hickory on the Arbitrary Arrests —He Suspends the Writ of Habeas Corpus Arrest ot a Copperhead

Jndge ol 1815. "The arbitrary proceeding? of this damned abolition administration and its perjured hirelings will recoil with a vengence upon their damnable heads." These arethe wordawith whiuu the Copperhead orators of the present day seek to delight their traitorous partisans, and under the garb of devotion to the constitution ring in the uneducated masses to work out their treasonable designs. For the purpose of showing up the consistency of these men let us go back forty-eight year and look at the record of the democratic Jacksoa, whom tbe Democracy afterwards elevated to the Presidency.

At the conclusion of the war with England, on the 3d of March, 1815, while General Jackson was in New Orleans, an article appeared in the Louisiana Courier, concluding as follows "Let us conclude by saying that it is high time the laws should resume their empire that the citizens of this State should return to the full enjoyment of their rights that, in acknowledging that we are indebted to Gen. Jackson for the preservation of our city and the defeat of the British, we do not feel inclined, through gratitude, to sacrifice any of our privileges, and, less than any other, that of expressing our opinion of the acts of his administration that it is time the citizens accused of any crime should be rendered to their natural judges, and cease to bo brought before special or military tribunals, a kind of institution held in abhorrence, even in absolute governments that after having done enough for glory, the moment of moderation has arrived and, finally, that the acts of au« thority which the invasion of our country and our safety may have rendered necessary, are, since the evacuation of it by the enemy, no longer compatible with our dignity and our oath of making the Constitution respected."

Here was open defiance. Jackson accepted the issue with a promptness all his own.— Re sent an order to the editor of the paper in which the article appeared, commanding his immediate presence at headquarters. The name of the author of the communication was demanded and given. It was Mr. Louallier, a member of the Legislature, a gentleman who bad distinguished himself by his zeal in the public cause, and who hud been particularly prominent in promoting subscriptions for the relief of the ill clad soldiers. Upon his surrendering the uame the editor was dismissed. At noon on Sunday, the 5th of March, two days after the publication of the article, Mr. Louallier was walking along the levee, opposite one of the most frequented coffeehouses in the city, when a captain, commanding a file of soldiers, topped him on the shoulder and informed him that lie was a prisoner. Loual'ier, astonished and indignant, called the bystanders to witness that bo was conveyed away against his will by armed men. A lawyer. P. L. Morel by name, who witnessed the arrest, ran to the spot, and was forthwith engaged by Louallier to act as his legal adviser in this extremity. Louallier was placed in confinement. Morel hastened to the resi-

Upon the back of this petition (to the facts of which Morel made affidavit) Judge Hall wrote these words

Let the prayer of the petition be granted, and the petitioner be brought before me at 11 o'clock to-morrow.

Hiave

Don. A. HALL.

March 6 th. Upon receiving this from the hand of the Judge, Morel wrote a note to Gen. Jacksoa to the following effect:

Sir I have the honor to inform your ex-

Oil

cellency that, as counsel, I have maae appil-

cation

his

the

honor to be your excellenoy's

most humble and obedient

P. L. MOBIL,

Counsellor at Law.

Gen. Jackson retorted by writing as follows to Col. Arbuckle

NEW ORLEAHS, March 5, 1815, Seven o'clock, P. M.

HEADQ'RS, 7th MILITARY DOT Having received proof that Dominick A Hall has been aiding and abetting and exciting mutiny within my camp, yon will forth* with order a detachment to arrest and confine him, and report to me as eoen as arrested. Yon will be vigilant the agents of ont en-

emy are more numerous than was expected. You will be guarded against escapes. A. JACKSON,

Dr William E. Butler is ordered to accompany tbe de^chment and point out the A. JACKSON,

So far from obeying the writ of habtat corpus, Gen. Jackson seized the writ from the offieer who served it, and retained it in his own possession, giving tne officer a certified copy of the same. Louallier was at once placed upon hia trial before a Court Martial upon the following charges, all based upon tbe article in the Lousiana Courier: Excitto mutiny general misconduct disobedience to order writing a wilful and corrupt libel against violation of a general order.

Judge Hall remained in confinment at tbe barracks. General Jackson resolved on Saturday, tbe 11th of March, to send the Judge out of tbe city, and set him at liberty, isaueing tbe following order:

HKADQ'B8, SEVENTH MILITARY DIS'T,) NEW ORLEANS, March II, 1815. S SIR: YOU will detail from your camp a discreet non-commissionedofficer and four men, and direct them to call on the officer commanding the Third U. S. Infantry, for Dom* inick A. Hall, who is confined in the guardhouse for exciting mutiny and desertion within tbe encampment of tbe city.

Upon the receipt of the prisoner, the noncommissioned yfficer will conduct him up the coast beyond.tbe lines of General Carroll's encampment, deliver him the enclosed order, and set him at liberty.

THOMAS BUTLER Aid-de-camp. To Captain PETER N. OGOEN, Commanding Troop of Cayalry.

Captain Ogden promptly obeyed tho order. A guard of four men, commanded by a noncommissioned officer, escorted the learned Jndgo of the United States Court to a point about five miles above the city, where General Jackson's order was delivered to him, and he was set free.

On the 3l8t ef March, General Jackson was ciied to appear before the U. S. District Court, for arresting the Judge. The proceedings of the court are recorded as follows: "On this day personally appeared Andrew Jackson, and, being duly informed by tho Court that an attachment bad been issued against him for the purpose of bringing him into Court, and the District Attorney having

purpose a

The said General refused to receive them, or to make any answer to said interrogatories. Whereupon the Court proceeded to pronounce judgment, which was, that Major General Andrew Jackson do pay a fine of one thousand dollars to the United States."

The General was borne from the Court room in triumph, or, as Major Eaton has *it: "He was seized and forcibly hurried from the hall to the streets, amidst the reiterated criee of huzza for Jackson from the immense cencourse that surrounded him. They presently met a carriage in which a lady was riding, when politely taking her from it, the General was made spite of entreaty, to occupy her place the horses being removed, the carriage was drawn on and halted at the cof-fee-house, into which he was carried, and thither the crowd followed, huzzaing for Jackson, and menacing violently the judge. Having prevailed on them to hear him, ho addressed them with great feeling and earnestness imploring them to run into no excesses that if they bad the least gratitude for his service, or regard for him personally, they would evince it no way so satisfactory as by assenting, as be most freely did, to the decision which had just been passed against him. "Upon reaching his quarters, he sent back an aid de.camp to the Court room, with a check on one of the city banks for a thous and doll are and thus the offended majesty of law was supposed to be avenged.—[Extracts from the life of Jackson, pp. 311 to 320, vol. 0.

Nine years after, this "military despot," who made the "arbitrary arrest," was elected President by the Democracy.

connnemenw. giining to dawn upon him. The Constable dence of Judge Dominick A. Hall, Judge of then demanded to see the notes. 1 be corpo UBIIUB Ul uuujv O the District Court of the United States, to whom he presented, in his client's name, a petition praying for a writ of habeas corpus.

The

Maj. Gen. Com'g.

This order was punctually obeyed, and mrly Sn tho evening, Judge Hall and Mr. Louallier were prisoners in tho same apartment in the barracks.

A PIECE OF HICKORY.

'During the session of Congress iu 1842, Senator Linn, of Mo., introduced a bill for refunding the money to Jackson, with interest, amounting to $2,700. In the House, it was supported by S. A. Douglas, of Illinois, and

J. Ingersell of Penu. The bill passed the Senate by a party vote 28 to 20, Calhoun voting for it in the House 158 to 28.— Congress thus sustained his action.

London Swindlers.

The London Morning Star describes a recently detected trick of tho swindlers of that city, which surpasses the "cnteness" even of our scoundlels, and would very surely succeed upon the most "wideawake" business man at the start. A dandy, dressed up in the most faultless style, called at a large jewelry store, and, after a short examination, bought a gold watch for £20, aud he handed the rejoiced salesman a JClOOnote. He examined it carefully, and finding it to he genuine, he gave him back the required change, £d0. Just as he was stepping out of the store, he was met by another daady, equally af well dressed, and whom he seemed to recognize. He exhibited his newly bought watch to his friend, and was very profuse in his praise about it and its fine finish. Both stepped into the store, and a short persuasion on the part of the first dandy induced the new comer to buy a similar watch for the same price. He also paid for his watch with a £100 note and received his change, after the experienced dealer had satisfied himself that the note was genuine. Bnt just as the last dandy was in the act of pocketing the money and watch, both dandies suddenly appeared veiy much agitated they looked into into the street, wnispered to each other, and then suddenly made a dash for the door. But, to the dismay and discomfiture of both, a constable jumped out of tho carriage, collared them both, and with a triumphant "I have got you at last, you scoundrels," led them back into the store. Here be informs tho dealer that these two gentlemen are two of the sharpest swindlers in London, (which was saying a good deal,) and asked the jeweler what business he had with them "These gentlemen have bought two gold watches for fortv pounds, and paid for thom in good money,' siid the row frightened dealer. The Constable laughed right out, and asked him if he had not been paid in hundred pound notes.— The jeweler said he had, a fearful light be-

T' la A It 1\1

J)riAlul«B9 no UoflUPU vuv, wit»

Tantebed

Honor, Dom. A. Hall, Judge ot gurBau the Rharp trio bad vanished, C&llOIl W ilia uvmvi the District Court of the United States, for a writ of habeas corpus in behalf of Mr. Louallier, who conceive! that he was illegally arrested by order of your excellency and tbat the said writ has been awarded, and^ is returnable to-morrow, 6th instant, at Ho clock,

ra delicti were produced, and the Constable now informed the now_thunderstricken dealer that the notes were forged, and the culprits overwhelmed with tbe weight of their guilt, silently acknowledged the deed. The vigilent officer, jubilant over the important catch, seizes watches, money and prisnners, and summoning the jeweler to attend the Police Bureau in an hour, puts the prisoners in a carriage and drives off in a gallop.— Just as the last sound of tbe carriage had died away in the distance, the jeweler recovered from his surprise. It now occurred to bim that perhaps it would have been better if be bad accompanied the expedition.— Breathless he dashed out, but tho cab had

llv

h„ made inquiries at tbe Police

Bureau, but the sharp trio bad vanished, and neither cab nor occnpants could be found.

S. T. 1860 X—Tuese mysterious characters on bottles containing Drake's Plantation Bitters, aud which adorn sundry fences, barns, houses and street crossings throngh the country are suppesed to mean something. They do. Drake it seems, started into the bitters business in i860 and made a bet at the same time that in ten years hence he will have made a fortune of it. To comemorate the bet

adopted the character* in

question, which mean -Sure Thing in Ten (X) y**r* after i860." This explanation we are aisured is a snre thing.

KZW paper been started in Cairo, Illinois, styled tbe Daily Democrat.

.—The parade of Satuiday our State has ever witneseed gilitia. A larger number or igpanies were on duty than can any other county in the

was the fi of our Ho uniformed be furnish The troops nino o'clock southeast of depot, where H. Carrig the command Assisted by Majors, he int a practical sur regiment or br assume in real different directi

Maj. Gen. Comd'g.

State.

ee formal in mass shortly after marched to the commons T. H. & R. Railroad freight were turned over to Gen who had been invited to the regiment for the day.

Bryan and Smith, acting iced the Battalion drill, by of the different positions a le might be compelled to ice, to resist attack from

Other duties the drill of the we learn tho thorough characti easily understood

ented us from witnessing ioon, but from an officer iction was of the most r,and at the same time.

The General possesses

the rare power uoitoly to command, b.'S to make hia com man® understood.

After explanation*! the object of a movement, the movemeiswas executed slowly at first, each progress®* step being criticised to show the result obrror and the necessity of the special ineth line of battle was ch the compass, to with:

adopted. Thus tbe ged to all the points of nd as many different

assaults. The column vas variously formed, from line of battle, l«f company aud division, and deployed agiw, from the halt and whilo marching, the hollow square was formed and its object and I "vlilities all the fundamental were gone over.

explained and

ittalion movements

At one o'clock, the close column before th where arms were stac taken until 2'a P. was mainly a repetition_

jade was massed in tTerre Haute House, and recess was be afternoon drill the morning ex-

ercises, with accompanyifg explanations to every movement. The result of tho two dws devoted to drill will certainly prove of thekreatest benefit to the Legion of this couna. None of the men came hero from an alio purpose, but had left their farms and tbops that they prepare themselves, in case their sermight be needed to deiRid their homes and firesides, to act iu conceit, and it was indeed surprising to see th el progress they made in so short a time. Vising the ground about 4 o'clock we were astonished at the rapidity of their movements,^and the precision with which they went thtough the various evolutions.

Soon after we reached the ground tbe men wero formed in a hollow square and the Gen. made a few remarks, complimenting the men, specially noting the facts that he bad not seen a siugle intoxicated soldier, and had heard but one profane expression during the day. He urged them, as citizen soldiers, to remember that their highest duties were, as citizens, and that by wise action and the exercise of charity towards all who differed upon more party issues, all danger of civil disturbances would be prevented, and their services as militia, would not be needed: but that they still were bound to perfect their organization and discipline, that they might be found conservatives of the public peace, should the evils of civil disorder ever threaten the body politic

After the address, a glee club took position in the square, about (he flag, singing Rally Round the Flag," in the chorus of whieh the whole regiment joined. Three ch6ers were given for the General, which he Btopped, playfully telling them that soldiers must wait for orders, but he would excuse it, asthe first breach of discipline of the day.

The Brigade then broke into column by platoons, and marched to the city with the steady tramp and good order of veterans, where, alter passing in review, they were dismissed by Colonel Scott, in a few words to the officers, in which he thanked them for the promptness and numbers in which they had responded to. this first call, the earnest attention they had given, and hoped in a short time to again assemble the regiment when he would endeavor to provide a commissariat and other accommodations, which this timo it was out of his power to do. The several companies then dispersed for their homos, well pleased with the day's instructions.

Vigo county may well be proud of this regiment. It deserves the many compliments it received, and we confess we were not p»e-^^~* pared for so fine a display and to find such proficiency in the use of arms and march-

Car* The following are the companies composing the Vigo county regiment of the Ind. Legion, Col. Scott. The officers have not been appointed yet,with the exoeption of Cel., and two Majors. John A. Bryan is Major of the First Battalion—O. L. Coat, Major of the Second. Captain Smith and Lieutenant Goodwin have both been neminated for Lieu* tenant Colonel:

COMrANV.

IITIJC.

CAPTAIN.

A—Terro Haute Guards... .Bryan. B—Sandford Blues Boord. 0—Morton Lifles Mewhinney. D—Sugar Creek Guards.. ..Goodman. E—Sugar Croek Rangers. ..Bailey. F—Grant Guards Woollen. G—Middletown Guards... .Carr. A—Union Rifles Ross. J—Meade Guards Smith. K—Otter Creok Guards... .Markle. L—Fayette Guards Shuey. -Liberty Guards Diekerson--Pierson Guards Leake. ^-Lost Creek Guards... .Ripley. P—Honey Creek Guards. -Lee R—German Guards Reimari. When in line of battle the Terre Haute Guards will have charge of the right, and the German Guards the left of the regiment. Color company—Union Rifles.

The Bragg and Breckinridge Difficulty. Tbe St. Louis Democrat says that "during the progress of the battle of Stone river, while Gtneral Bragg aud staff were on the field, a private belonging to General Breckinridge's division was going to the rear, when he was observed by Bragg, who told one of his aids to halt the soldier and ascertain bis reason for leaving the field. The soldier informed tiie aid that he was on the sick list, and that he had a certificate of inability from his regimental surgeon. Bragg asked to see his pass, and remarking that he doubted very much whether there was any such surgeon iu the army, ordered the man to return to hia regiment or he would have him shot. One of Breckenridge's aids was present. He looked at tho pass and told Bragg it was correct —he knew tbe surgeon. Bragg then peremptorily ordered the man to his regimeut.— Breckenridge's aid galloped off to hia com~ mander and informed him of what had just passed, when he put spurs to his horae and, marehing the soldier back, in the presence of Gen. Bragg and told bim to go to the rear, say-ing that if any more Kentuckians were to be shot he would take a hand In it himself. This is said to be one cause of the animosity which hits existed between these two rebel officials since the battle of Stone river."

SUNSET COX FOR SPEAKER. —A Washington correspondent of-the Boston Pott urges the nomination of S. 8. Cox, of Ohio, as the Democratic candidate for Speaker of th* next House of Representatives.