Mt. Vernon Republican (Mount Vernon, Ohio : 1854), 1863-05-28

              A. VOL. IX. MOUNT VERNON, OHIO THURSDAY, MAY 28, LSG3. NO 30 II- THE MOOT YEBX11X BKPl'BLirAX. T E It M S For ouo year (invariably in advaneiMSJ.OO For Mix uonths, IM TEHM8 OF ADVKKTISiXC. One square, 3 weeks, One square. 8 months, One square, C month, '.)nc square, 1 year, One square (changeable monthly) Changeable weekly, 'wo squares, 3 weeks, Two squares, 1 weeks, Two squares, i months, Two squares, li months, Two squares, 1 year. Three squares, ;i weeks, Three squares, tl weeks, Three squares, II months, Three squares, 0 months, Three souares, 1 year, 1,00 y,oo -1 .50 5.00 10,00 15.00 1.75 3.25 5,25 G.75 8.00 2,50 4.50 6.00 8.00 10,00 One-fourth eolumn, chao. quin-terly, 1 5,00 One-third " " " 2,0U Unc-hulf " " " 2MTO0 line column, changeable quarterly, 50,00 Select iJoctvu MY PET THAT WAS. BY WILLIAM WINTER. Slow stealing through the twilight haze. A iloud of slumber droppcth o'er me; I dream to-night of other days, As many a fool has done before me. And from the crowd of phautoms there, Onesweet.pale face looks out about mc Alas, the flower I used to wear! Alas, the heart that used to love mc! Your eyes were gray when last we met I won tier if they're any grayer! I used to pray to thorn, my pet, But now I'm nothing of a prayer. Your voice, I thiuk, was very sweet 'Twould sound to-night a great deal sweeter! And &h, the hours wore very fleet, Tuhl gently oil by Love's repeater. Your heart was hardly true, my pet I cannot say that mine was truer; For I. who used to woo, forgot Sometimes 'hat e'er I've been a wooer ut vou :..''.' '.? ww. '""'" '.:) the ::;-ij. rr,! 'a' 1: v.jre 1'.Q to regi'ui Th srrrv ehaiifo that my ; I,'.: U uiu uot Mve t. I (hi' k I never saw you sad They tell me that you still arc ninrry; With eyes that sparkle gay an 1 glad. And !i;-i that have the tint of cherry: That all your pretty, winning ways, .So arch and wayward, wild and wilful. I'pmn'ii as in the goh'.flii days Except that you aro grown more skilful. fade, gentle vision from my sight! I do not trust I do not doubt you: lint I am happier far to-night, My darling little pet. without you! I warrant mc you have no lack Of lovers now to tease and worry; So could I call the old days back, 1 wouldn't do it in a hurry. The Christian (icntlemun. He is above n mean thing. lie cannot stoop to n mean fraud. lie invades no secrets iu the keeping of another. lie betrays uo secrets confined to his own keep-iug. Ifs never struts iu borrowod plumage, lie take selfish advantage of no man's mistakes. He uses no ignoble weapons in coutrovef-y. lie never stabs in the dark. He is ashamed ofiuueudoes. He is not one thing to a man's face and anyther behind his back, If by accident ho comes into possession of his neighbor's counsels, he passes upon them an act of instant oblivion, lie bears settled packages without tampering with the wax. 1'apers not meant for his eye, whether they flutter in ut his window, or lie opeu iu unguarded exposure before him, are sacred to him. He proie.-ses uo privacy of others, however the se.ntrrleeps. Uoltsani bars, locks aud keys, hedges and pickets, bonds and secyjijies, notices to tresspassers, are , none oPfflcui for him. He may be trust-1 el, himself out of sight nearthe thinnest partition anywhere. lie buys no ofliee, he sells none, be intrigues for none, lie would rather fail of his rights than win them through dishonor. He will eat honest bread. lie tramples on uo sensitive feeling. He insults uo man. If he has rebuke for another, he is straightforward, open and manly. He cannot descend to securrility. Uillings-gate don't lie in his track. Emu nil prolaue and wantou words his lips are chastened. Of woman aud to her, he always speaks with decency and respect. In short, whatever he judges bourn able, he practices toward ever man. RoBEItT Hall did not lose his power reiori even in mauncss. a nypocritieal cnndoler with his misfortunes onco visited him in the madhouse and said. "What brought you Ice. Mr. Hall?" Hall significantly touched his brow with his finger rnd replied. " Whai'il never bring you here' sir' too much brain." 'Mr. Timothy,' said u learned lady who had been showing off her wit at the expense of a dangler, 'yon remind mo of a barometer that is filled with nothing in the upper story.' 'Oivine Almirn,' meekly replied her adorer, 'in thanking you for that compliment, lot 111 remind you that you occupy piy upper story entirely.' THE YOUNG AMAZON. nV M. K. I'l.AI'.KR. "Kale, if you think 1 am going to admire your rueful fiicc in silence any longer, you nre mistaken !" Thn sneaker wad a verv bcm.tiftd little i ki j i:c pi,,.., ii0,,rJ , ,i ,iiii'., ...ins ivii. miii t'j ..wtiiu, uuv. the peisou she addressed was her most iuti mute friend, Miss Kate. Elliot. Our heroine, Kate, is of medium height, with a perfect tig - ure.tiuv hands and feet, and free eraccful movements. She had hirge, hazel eyes, u brilliantly fuir complexion, with a rich color iu her cheeks, (lurk chestnut hair, falling iu large thick curls upou her ueck, and most beautiful features. 'Well Flora," she said, with a deep rigb, Walter Klliot is couiiug tu morrow," Well?" "Father has goue to New York for a fortnight, and my cousiu Walter is coming to propose to me "Wcllr" "Will, well ! It aiu't well, it's very ill. I dou't want to marry hint !" "Thi'ii refuse biui !" "1 can't !" "Why uot " Oil, 1 tbouirht you kuew all about it. Wal tcr Klliot is tny father's brother's sou; my futh-! er und uucle hud one sister, uu old uiuid, very weultby. About three years ugo she died, und left her money to Waiter uuu myself, if ve murried each other. Father is run ; so is Uucle Ueorge.out whoever of us re.uses tLe otaer loses uuut Lizzie's mousy. Last week Walter became of age, and, us 1 ura sevcjleeu, our respective papas have concluded tliat we are old enough to settle this uiutler, so Wulter conies to-morrow. Father, who wus obligeU lo leave home this morning, charged im uul to refuse uiy cuusij, und if he should take u fancy to me, Harry says'' "1 thought Hurry was at the bottom of it; Out tulk of augels -here he comes." The uew-coiuer, atuli, l)utid.-uiiie young mau Hurry Oiahuine, uu., Rule's nusbuud elect, iu uuse tne formidable cousin did not propose, sprung up the steps ol'tuo balcony, uuu seated himself betweeu the two young luUies "Wimt's the- mutter ?' Kuty durliug; you look luguurius!" was his lirsl oration. Kute !o:d her troubles, concluding with "Oh, :l. ii.ii ,.. i,,..v t Lin, l.rn i,ih ' "Can t ttiiiik ol any, 'puu bucor; if a dtsenp tio.i oi tne voiiug tuiiiu in.iii .hum you auy Vuil iiu.b not ii.i. ,ul S..V Juil MU hup JOU I ,., .1 !: .. i..e 1 j-...Ot IS CIJ JJWi j .,..,;, i i.e.-.'u'.e v uin.eu, uml ij u.,i,a Ucu ! t.iluia luuii.'.i aJiuuai oe llio pil.k oi Ueatie.ss, I siVvetuess, ipiu.1 ohuiieiio i sbiiUUsslu.i; ''. ! III'! nU, K.inl, if jou u.ar.j noil you lilUat ell-' cul.it! Ij nive iij) oar si) j..l.u uud lining. While il, my uus jjai.lu, k.iu-a luce uiui 1 b:,a:i-u.a uu woiiacuu.i : u. He liuidUeu, oUc ; u;, ..M Ubiuei' uuil j..eu: "I've h.t it !" .... i..... . .......I. .... I iii.idi ..... p.. iiooe OU Ulllll . null it Iliui.il, cue. A iw.w j "uul,' miu liuiiy, "1 inotiglit tins Wuiler wus iiiiuiigeu. I piuiiin.eu lo euil unu oui anil ouooi mm." ".oiieaeuce ! Harry, but set your mind at rest; l')e hit upon a li-tup setuiue. ileiu AOum, AUaui !" she eneu, Wawug tier h..nu lo u iiiuii w ho was weeding iu Ihe guiUen be i low them, "haiuecs up Billy iu ihe curry -ail. ilurry, you shall unvu me into towu. X wuut a whue lot ol tilings, but mi ee: I Want u olack wig some walnut dye, a more jockey-looking cap, a pair of green sptelucies lor Floru, a linger idiug-whip " "Kate Kitiot," sunt Flora seizing her ty the shoulders, and looking straight into her face, 'uuve you taken leave of your stuoea?' "No, I'm only coiisideiiiig how to take leave of my lover; bulcune, we must dres lor a drive, und as we go to towu, I will tell you bota my plan." Tue Lcit day, in tho afternoon, N alter Kl- liot arrived ut his uucle's bouse, i-lora uiet him ut the door, aud iuUoduced herself us slraightiuce, Miss h.liot's companion, bbe was dressed iu high-uu.ked darn dress, with a' ujuiu liueu collar, wore a while mu.-bu cup, ! coming close uiouial her. luce, uuu u pair of; green spectuclej. W beL they entered Ihe pur- j lor, they fuuud Hany extended ou the sofa, I and he also was completely metamorphosed. ' A jockey's dies.-, red wig, highly roughed ' cheeks uud u huge patch over one eye, altered bun beyend recognition. ".ir. Klliot," said Fioru, "allow me lo introduce you to Mr. Patric O'Hiyan, Miss Kate's instructor iu ruling uud shooting. "The top of the day to ye," said Pat, lazily rising, aud shaking Walter's hand vigoiousiy. "I do not see my fair cousiu here," said Ihe discomfited dandy. "Oh, Kale I" said tLe prcteuded Irishmau; "she's ubout bomewhnie." At this mstuut tho report of a pistol wus heard. Walter's hut turned round on his head uud then fell to the Hour. Hit it, by Jove !" trie I Kate's, voice, and theu a figure sprang into the wiudow and the :.. ....i ..iv i... I.tm vim i.r of WvK maiiuers lhau to keep jour hut ou before BUUlu euiu, "j , j Straight) ?" I said Kate's voice; for the figure was very little like Kate. Her brown curls were cou-ceaied under a black wig, which arranged iu u verv blowzv. uumcU.eM.ue mauicr; her little jockey cup was placed jauntily ou oue side of, her head; her durk greeu ridiug-hubit, ultbougb it fitted admirably, was torn in several piucts, and revealed u puir of gaiters two or ihreo sizes too large for the pretty feet they covered sad her oyu fair complexion was dyed to tho hue of au Indian. Ml.-.w il'va dn. rn ?" anirl Tv?lp rnretasale. -..i..i.- i..- i...... 1 n ,,,., . ? . ' , ., "Ohf she cried, pointing to a curl upon the op uf her cousin's lieud, und ut the sunie ti.ne I drawing another pistol from her belt, "what a splendid shot. What will you bet now. cuz, that 1 can t Miigo that eurl, and not touch your I fw!" ami .she pointed tho pistol full ut the dandy's head. "Cousin, for Heaven's sukc do not aim nt ; we !" cried the horrified Walter. "Not shoot ! Why uot ? Noneseuso," I "uuu:' uul ",u u"r u" nrsl- 1 ' Kx, UsU ,,,P' 1 dpc.liue bei,lf' "mlle a ,,,r ...:n ....., . I. ..4 1.- i.-. e . tt ' "vmg my ueau uiowu vu. "What risk ? I'm sure to hit. l'at, you put something on your hoad, and let Walter 1 see what a shot I uni; name u bet first." "Well, if you hit I kiss you; if not, you kiss me.'' "Kiss that fellow ?" groaned Walter, "Call mu a fellow uguiu, und I'll pitch you out of till) window !'' shouted Hun y. 'Come, come gentleman, dou't quarrel,'' s'iid Kate; "Fat, 1 ugree to your bet. Here put this apple on your head, aud kuenl dowu before .the east wiudow." A close observer could have seen a bolo iu tie apple piercing it from side to side. Harry took it, put it 02 his head, and knelt dowu be fore the east wiudow. Walter looked another way; the pietol which bud no bull was tired; 'then Kate cuught up the apple aud triuui- I'uaull' extibiting the hole iu it Tho next moment "that fellow was taking his bet. "Could you uiui a pistol at my head?" he asked. "Ho: Cousin Wulter really believed thn lit tie stone you fired at his hat was my bull. Now you get out of the way with Floy us soon us you can." "If you please, Miss Kute," said a little stable-boy, putting his head iu at tha door, "the chestnut filly has got the staggers." "What!" cried Kate, seizing the boy by the collar ai d dragging him into the room. "How dare you come here with your croaking?" und she plied the riding whip ubout his .boulders till the poor fellow thought his promised dot lur was hard earned "If you please," sobbed the unfortunate victim, " the groom sent rue, and he says, what shall he du? Oh, deir, MiiS Kute! please! how that whip stngsl Oh! ow! oh and a drawn howl completed the sentence. "P..t, dear,'' said Kate, "will you go aud seo ubout the filly i und you, stupid," sb udded, speaking to the boy, 'we if you can take my ' ((loves aud whip into my room. ISrucious! how my hair is blowcd by riuing!' she said, ! as soon us she was alone with hci cousin, i "Oh! Walter," aud she popped down beside ' hun, "I want to tell you all about my rid this i morning. YnU see, there was a party went i to see Mr. 1'iters and I ran a race. I bet my diamond pin against this gold chain on as'.ee-1 pie -clue. Well, we Marled. liist, there . was n mil on the level gronui', then a ditch to j leap, then a fence and ditch, then a hedge and fviiee, and theu all three at once, Off we went; S'elim pulled to take tho eud, but 1 teld him in, until we came to t'. e fence: over :.. a .. I... i.t I,l.;t I, ,i,l ti, YiV wrin. in inn; oi.iv, uu, u.j .m tiH . v ' cutch on a nail and tear this great big piece iut, and it is hanging there uow for aught I know. 1 vow! See the chain; is it uot a beuuty? When we are married I must huvu plenty of ridiug! 1 udoro riding aud shooting. There, I forgot that eurl; do stand up now, that's a good fellow; yuu know what a shot 1 Liu. When we are murried" "Zounds, cousiu, we never will bo married." A flash of triumph shot over KuU's f ee. "Nonsense, inuu; dou't get into a pulsion. You know we must get married. Why pa won't let me flirt a bit, because I am engaged to you; and so 1 can only coquette with Mr Peters and pat, aud Joe Sanders, and aud oh, cousiu, do smooth dowu Out curl, it real ly is too tantalizing. 1 will play for you.'' uud catching up a French born tlmt was ou the pi. uo, she blew a b ust that mae'e Wulter clupp both Lands over his ears. "l)u, cousin' cried the hoyden, ns she threw dowu the bom ami drugged luui to the win- joWi .. ,lt.,.e js niy groom with the chest unt filly, as well us ever be was. Won't 1 give it to tliat little hur for scaring me so? (j,,y 1,-t me ealch him, und I'll cure him of .-ui), ,or ()Uti w,iiB, Ain't he a beauty, coz? wheu we are murried, yuu must givo Uiui the very u(:,t t,,ite iu your stable; uud oL ! cousin, j wullt tt sulky likv Jim Urown's wlieu we aro m;,rried; pa won't let me have one uow; but I uu.ull ju do just iu I pieusc wheu we aro mar- lied." "We tcver will be married," screamed the uufuituuate dandy. "I'd uo lieve marry the Wild) of Kudor." "Yes; but, cousin, we must be married; we arc engaged." "I will write to your father, declining the ulliauce." "Oh, don't, cousin; he would scold to. Put if you iusist, there are pen, ink, und paper: but dou't, please, be too hard on me." "There. Kute, there is the nolo, aud uow 1 have the honor of wishing you a very good day." "Nay, uay, cousin, you must not go. You came to stay some weeks, aud you shall uot I ro to-uieht. I expect Mr. tiruhum uud Miss I expect e Hastings to spend the evening with me, and I w.U be us quiet a girl us 1 cuu if you only stay. Here come my rrieuds." Harry and Flora piiBsed through n fecoud introduction iu rojia p$rsona without :x citing the least tusp.ciou, und Kate left theu) to ei.ieri.uiu i.er nrunu '.. I .. m In a aha irpnr In while she went to chance her dress. When she returned, she wore a white dress with short sleeves aud low neck, and her clean face uud hands, looked whiter than ever from Ihe contrast they ufforded to their late dyed stute. The ugly black wijr was gone, and her own brown curls fell in rich profusion over her snowy shoulders, a pair of exquisitely j fittinir el Pliers comp eted her fascinntiocs. I m"u " "H1 " r Walter arose in perfect astonishment, "O,, : cousin," said Kate, holding cut both Imuds, "I am delighted to find you still here. What!" she exclaimed, us te imprinted u kiss upuu her lips "you aro willing tu give mo some cousinly regard, then." The evening passed pleasantly with music and conversation and Wulter remained three weeks with his charming cousin. All that time he did uot know whether to be furiously jealous of Harry or to congratulate himself upon an escape from a wife who could shoot aud ride liko his cousiu Kute. Flora, who admired his face, figure and manners, bad a j share ia irakiug him fiually adopt the latter courso of thinking, and ubout the time that" Kato becamo Mis. Graham, Walter carried the lovely Flora to Uiaro his city home. Vallandlgliara's Habeas Corpus Case. -Extract from Judge Leav-ill's Opinion. 'Is not the Court imperatively bound to regard the present state of the country, and, in the light which it throws upon the subject, to decido upon tho expediency of interfering with the esercisc of the military power as invoked in the pending application? Tho Court cannot shut its eyes on the grave fact that war exists, involving the most imminent public danger, and threatening the subversion and destruction of the Constitution itself In my judgment, wheu the life of tho Republic is impelled, ho mistakes his duty and obligation as a patriot, who is not willing to concede to the Constitution such a capacity of adaptation to circumstances as may be uecessary to meet a great emergen cy, und save thcuation from hopeless ruin. Self-preservation is a paramount law, which a nation, as well as individual, may find it necessary to in7oke. Nothing is hazarded in saying, that the. great und far ccing men who framed the Constitution of the United States, supposed they were laying the foundations of our National Uoverninout on an immovable basis. They did not contemplate, the existence of the state of things with which the nation is now uuhappiry confronted; the heavy pres sure of whiih is felt by every true patriot. They did not leengnize the right of .Seces sion by one or two States, for the obvious reason that it would have been an- incorporation of of an element in the Corstilu-tion for the destruction of tho 1'iiion. In their glowing visions of futurity, there was no foreshadowing of a period, when the people of a large geographical section would be guilty of the madness and the crime of arraying themselves in rebellion against a Government, under whose mild and benignant sway there was so much of hope and promise for the coming ages. We need not bo surprised, therefore, that, in the organic law which they gave us, they made no specific provision for such a lamentable occurrence. They did, however, distinctly contemplate of foreign war. and vested in Congress the power to declare its existence, and "to raise and sup port armies" aud "provide aud maintain 'mi .L..i il.. . a navy. iney were aware in:n uiu gium of these powers implied all other powers necessary to give them full effect. Thov also declared that the President of the United States "shall beCommander-in-Chief of the Atiny and Navy, and of the Militia of the several States when called into actual service," and they placed upon lira the solemn obligation ''to take cure that the laws be faithfully executed." Under this last-named provision, and in reference to a local rebellion, in which the laws of tho Union were obstructed, the act of the 28th of February, 1795, was parsed, providing, in substance, that whenever in anv States the civil authentic of the Union wercunablc to enforce the laws, the President shall be empowered to call out such military force as might be neces sary for the emergency. Fortunately for the country, this law was in force when several Spates of tho Union repudiated their allegiance to the National Government, and placed themselves in armed rebellion against it. It was sufficiently com prehensive in its terms to meet such an oc currence; although it was not a case with in the contemplation of Congress when the law was enacted. It is under this statute that tho President issue 1 his Proclamation of the 15th of April, 18C1. From that time the country has been in 11 state of war, the history and progress of which are familiar to all. More than two years have elapsed, during which tho treasure of the nation has been lavishly contributed and blood has been freely flowed,and this formidable rebellion is not subdued. Tho energies of the loyal people of the Union are to be put to further trials, and in all probability the enemy is yet to be encountered on many a bloody field. It is not to be disguised that our country a. . '1 1.,... .. is in imminent pern, ana tnu tne crisis demands of every American citizen, hearty support of all proper means for the restoration of the Union, aud the return of an honorable peace. Thoso placed by the people at tho head of the Government, are earnestly and sincerely devoted to its preservation and perpetuity. Tho Trcsi-: 1 . dent may not be the man nf otir choice' brief military career a national reputation tucut lie most seriously impaired. I doro j and the measures of his Administration j as a wise, discreet, patriotieand brave Geu- j not, iu nry judicial position, assume the ; u.ny not bo such as all eau fully itpuruve. eral. lie not only enjoyed the eonfidelicc. fearful responsibility implied in the sane-! l!ut these are minor considerations, and j and respect of the President and Secretary tion of iuch a doctrine. ' can absolve no uma from the paramouut obligation of lending his aid for the salva- tion of his country. All should feel that no evil they ran be called on to endure as the result of war, is comparable with the subversion of our chosen Govcrunir nt) ua tne tiorrors wlneti must lollow lrtmi sueh a catastrophe. I havo refered thus briefly to the present crisis of the country as having some bearing on the question before the Court His clearly not a timo when any oue connected with tho Judicial Department ol ihe Government, should allow himself, except from the most stringent obligations of duty, to embarrass or thwart the Executive in his efforts to deliver tho country from the dangers which press s heavily upon it. Now, the question which I am called upon to decide is, whether Geu. Burnside, as an agent of the Executive Department of the Government, has traus-gressed his authority in ordering the arrest of Mr. Vallandigham. It the theory of his council is sustainable, thatthere can be no legal arrest except by warrant bused on an affidavit of probable cause, the con-elusion would be clear, that the arrest was illegal. But I do not think I am bound to regard the inquiry as occupying this Dar- row base. Geu. Rurnsidc, by the orderof the President, lias been designated and appointed to take tho military supervision of the Department of the Ohio, composed of the States of Kentucky, Ohio, Indiana, Illinois, and Michigan. The preciso extents of his authority in this responsible position are not known to the Court. It may, however, be properly assumed as a fair presumption, that tho President has clothed him with nil the powers necessary to tho efficient discharge of his duties in the station, to which he has been called. He is the representative and agent of the President, within the limits of his Department. In time of war, the President is uot above the Constitution, but derive his power expressly from the provision of that instrument, declaring that he shall beCommander-in-Chief of the Army and Navy. The Constitution does not specify the powers ho may rightfully exercise in this char acter, nor are they defined by legislations- No oae denies, however, that the President, in this character, is invested with very high powers, which it is well known have, been exercised on various occasious during the present rebellion. A memorable instance of its exercise is seen iu the Emancipation Proclamation issued by the President as Commander-in-Chief, and which hojustifi a as a military necessity. It is, perhaps, not easy to define what acts are properly within this designation, but they uiust undouhtly be limited to such as are deemed essential to the protection, but preservation of the Government and the Constitution, which the President has sworn to support and defend. And in deciding what he may rightfully do under this power, where there is no express legislative declaration, .he President is guided solely by his own judgement and direction, and is only amendable for an abuse of his authority by impeachment, prosecuted nc- cording to the requirement of tho Consti tution. The occasion which calls for the exercise of this power exist only from the ueccssity of the case; and w hen the neccessity exists, there is as clear justification of the act. If this view of the power of the Pros'-dot)!, is correct, it undoubtedly implios the right to arrest persons, who, by their mis chievous acts of disloyalty, impede or endanger thi military operations of the Government. And, if the necessity exist", I see no reason why the power docs not attach to tho officer or Gcucrjl in command of a military department. The .only reas. on why the appointment is made, is that the President cannot discharge tho duties in person. Ho therefore, constitutes an agent to represent him, clothed with the necessary power for tho efficient supcrvi sion of tho military interests of tho Oov. eminent throughout the department. Aud it is not necessary that martial law shou 1 be proclaimed or exist, to euablo the Gen. cral in command to perform the duties assigned to him. Martial law is well do fiued by an able jurist to bu "the will of a- uiilitury commander operating without any restraint savo his judgement upon the lire upon the persons, upon tho entire social and individual condition of all over whom this law extends.', It cannot bo claimed that this law was ia operation in Genera' Rurnsida'a Department, when Mr. Valau-dingham was arrested. Nor is it neccossary that it ghoul i have been in force to justify tho arrest. The power vested by virtue of authority was confered by tho appoiutmont of the President. Under that appointment General Burnside assumed tho command of this Department. That he was a manemiuen ly fitted for tho position thero is no room for a doubt, Uf. had achieved during hie 1 of Wur, but of the whole country He j had nobly laid his party preferences an,) predilictions upou thn altar of his country, ' aud consecrated his life to her service. It was known that the widely-extended Pc. partwent, with the military supervision of I wuicu lie was charged, was one or great importance, and demanded great vigilance and ability in the administration of its mil itary concerns. Kentucky was a border State, in which thero was a large clement of disaffection toward the National Govern ment, aud sympathy with those in rebel lion against it Formidable invasions have been attempted, aud nre now threatened Four of the States have a river border, und are in perpetual danger of invasion. In Ohio, Indiana and Illinois, a class cf mis chievous politicians hud succeeded in pois oniug the minds of a portion of the com tnunity with the rankest feelings of dis'oy alty. Artificial politicians, disguising their latent treason under hollow pretensions of devotion to the Union, were striving to to disseminate their pestilent heresies among the masses of the people The evil was oni of alarming magnitude, and threatened seriously to impede the military operations of tho Government, aud greatly to protract tho suppression of the rebellion, u-cneral Burnside was not slow to perceive the dangerous consequences of these uisloyal efforts, and resolved if possi ble, to suppress them. In the exercise of his discretion, he issued the order No. 38 which has been brought to the notice of thi Court. I shall not comment on that ! order, or say anything more iu vindication of its expediency. I refer to it only because General Burnside, iu his manly end patriotic communication to the Court, haf stated fully his motives and reasous for is suing it; aud also that it was supposed violation that he ordered the arrest of Mr. Vallandigham. He has done this under the responsibility as the Commanding Gen eral of this Department, and in accordance with what he supposed to be tho power vested in him by the appointment of the President. It was virtually the act of the Executive Department under the power vested in the President by the Constitution and I am unable to perceive on what principle this judicial tribunal can he invoked to annul or reverse it. Iu the judgment of the Commanding General, tho emergency required it, and whether he acted wisely or discreetly is uot properly subject for judicial ncvicw. It is worthy of remark hero, that this army was not made by General Burnside under any claim or pretension that he had authority to dispose of or punish the party arrested, according to his own will, without trial and proof of the acts alleged us the ground fur the arrest, but with a view to an investigation by a military court or commission- Such au investigation has taken place, the result, of which luu no', been made knowu to this Court. Whether tho Military Commission for tho t.'ial of the charges against Mr. Vallandigham was legally constitituted and had jurisdiction of the case, is not a question before this Court. There is clearly uo authority in this Court, ou the pending motion, to revise or reverse the proceecding of tho Military Commission, if they were before the Court. Tho solo question is. whether the arrest was legal; and us before remarked, its legality depends on the necessity which cxi.stod for making it; and of that necessity, for the reason stated, this Court cannot judicially determine. General Burnside is unquestionably amenable to tho Executive Department for his conduct. If ho has acted arbitrarily and upon insufficient reasoas, it is withiu the power, and would bo the duty, of the President, not ouly to annul l is acts, but to visit him with decisive murksof his dis approbation. To the President, in his capacity of Commander-in-Chief of the Army, he must answer for his official con duct. But nnder our Constitution, which studiously seok to keep the executive, leg islative and judicial departments of the Governments from r.l: i-.tciTorenre and conflict with each othtr, it would ho an unwarrantable exercinoof tb judhial pow er to decido thct eo-ordin.m branch of the Government, acting under its high rcsponsibilitios, had violated the Constitu tion, iu iu spirit or iu tpirit3, by nuihor ising tho arrest iu quoition. Especially iu those troublous times, when the national life ia iu peril, aad when uniou and harmony among tho different branches of the Government are si imperatively cbinsndod, such interference would una u excuse or vindication. If the doctrine it to obtain, that every onec.harijcd with ua guilty of acts of mischievous disloyalty, not within the ecopo of the criminal luwi of the lund, in custody undor military authority, hi to he Bet free by by courts or judges on habeas carpu, it requires no argument te prove that the most alaraing conflicts niuat follow, and tha. power of the Govt And here, with iitt subjecting myself to ' the charge of trenching upon the domain of political diViiiun, I may be indulged in the remark that there is too much of the pestilential in n class of men in the j loyal States who km to have no just p I prenoosiuu oiine uuep cnuiimaltyot those who siu 111 arms avowoci ly tor trie overthrow ot the Government, and the establishment of a Southern Confederacy.- They havo not, I fear, risen to any right estimate oi their duties aud obligations, aa American citizens, to a Government which has strewed iu blessings with a profuse baud. I may venture the assertion that the page 01" history will be searched in vain for an example ofarebcllionso wholly destituta of excuse or vindication and so dark with crime, as that whiehour bleeding country is now :al!ed upon to confront, and for the suppression of which all her ener gies are demanded. Its cause is to be iouud iu ihe uuhullowod ambition of po. lineal aspirants and agitators, who boldly avow their aim, not the establishment of a Government for the better fecurity of human rights, Lut one iu which all politi cal power is to be concentrated in an odi ous uu d tti-roi'c oligarthy. It is indeed coiisolotary lo.know that iu most section! of the Noith, those who sympathize with the rebellion, ure not so numerous and formidable, us the apprehcusious of some would seem tu indicate. It may he assum ed, I trust, that in most of the Northern Slates, reliable and unswerving patriotism is the rule, and disloyalty uud treason the exception. Hut there should be no division of scutimcnt upou this momentous question. Men should know, and lay the truth to their heart, that there is a course of conduct uot involving overt treason, and not therefore subject to punishment as such, which nevertheless implies moral guilt and a gross offense against their country. Those who live uuder the protection and enjoy the blessings of our country of our benignant Government, must learn that they cannot stop its vitals with impunity. If they cherish hatred and hostility to it, und desire its subversion, let them withdraw from its jurisdiction, and seek the fellowship and protetcion ofthose will) whom they ureinsympithy. If they niuain iriVA us, while they are not of us, ' they must be subjtct to such a courso . of dealing a.i the great law ofselfpreservatioa prescribes uud (till enforce. And let them not complaiu, if the stringent doc triom of military necessity should find them to be the legitimate subject of iu action. I have uo tears that the recoguitiou of this doctrine will lead to an arbitrary invasion of the personal security, or personal liberty of tho citixeu. It is rare indeed that a charge of disloyalty will be mc do upou insufficient grouuds. But if there should be an oeca-iimal mistake, such an occtiranco is not to be put in competition with the preserva. tiou of tho life of the nation. And I confess. I am but little moved by the eloquent appeals uf those who, while they iudignaut- 'y denounce, violations of pcrsonul liberty. look with 110 horror upon a despotism a uumitigatcd as the world has ever witnessed. round his Crowd. A young man, clad in homespun, wal stauding iu Third street a few days since, devouring a doughnut, when he was accosted by idlers, 'with 'Ju.it come dowu?" "Yes, Hues I have, great place this, ain't it, you," said the countryman. Tis so; bow's your inarm?" asked the city bunk, pent on sport with the greeny. "Wall she's pretty well. She sent me down here on business." "She did! What kind of business are you on?" 'Why, 'ha wantea mo to enmo uown 10 town iid lo' k around, and find a half a doifli of tlio bii;e' fools to cducato'em, and 1 nth at guess i'vo got my e3es on'm now," ; :iid tho the stranger, takiug in the wholo crowd at a glance. The next moment he had the curbstone te himself, wherj he quietly finished his doughnut. Yankee Stage DrUcr. The obliging disposition oftho-Yai)k(ita.TJ-lrivtfr vrty illiititra-tcd in the folli.wii.tf hit ot entire: Ad Mr. J , the driver w:ys proceeding from ImmK'JI. not hm sioc, a woman cdlcl him lota!; c abeUouad on tho top without uncord nj it. Ha told hw he ttor.lrJ oblige her tho nt linio he catuo alour, hut ho could not then, m ho had tngeged to take on a windmill a litiic elii'iui. tnd aa ho M largo CW.IU Wi b.r 3 iituo, ho was afraid he should uot have room. Frocoodiiig alittla farther, h wn rcqurjBtod by awoniun to wait till shj had finished herwasliing audirou-lug. Ho told her to oftou had 'ta wait for tho women to do their irouinri but h could not stand washine and ironing botij! ' f.