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  • Publication Name: Alleganian
  • Location: Cumberland, Maryland
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  • Years Available: 1845 - 1939
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Alleganian (Newspaper) - June 28, 1865, Cumberland, Maryland FOLTTME II; CUMBERLAND, WEDNESDAY, JUNE 28, 1865; NUMBER 8. VEllY WEDNESDAY MOKNHTG. flico on Ittocliuuu! Street, ucai- Nutiomil House. TI'IIOI? UK WO r.r iho nnJtri.tWv in iiiHnnn1, lur it Kfi tL.ui six uUeul JAS.SVItll. krl. uf the Cin nit UKil.L.V. iji-hT served ly restiieted and guarded ID its nliu'u or usurpation impossible. If are welt founded il fol- lows, ihal an Incentive ael be.vond Ikccu- livc authority can furnish no defense against the legal consequences of what arc done un- der it. 1'iikss Ihe jurisdiction exists, the authority lo ti v does, not exi-i, and What- ever is dune is conim linn aud utter- ly void. This doctrine is as applicable lo military as lo other courts. The question then being always open, and its proper decision c.-tenti'il lo tho validity uf its judgement, the Commission mu-t de- cide before pronouncing such judgement whether it bus jurisdiction over these parties and the crime imputed to them. That a tribunal like thu has jurisdiction over what are military offenses, is believed to be Cflf- uvident. That offciiitd defined and punish- ed by the civil law, and where trial is pro- vided for by the unproved for, and as far as tl.e military power is concern- ed, i? to go nnp'inHicd. But as either the civil, common or statute law embnceo every specie uf offense that the United States or the State.) have deemed it necessary to pun- ish, iu all such cases the civil court; are cinlhcd witii iliwMry juri-dietion. In a milit iry couit, if l'ie charge docs not itale "a crime prov iiled for gi i.orally or specifi- cally by atr, of .utiulea of misson, instincts I'rilcr in Cloliiiiif. f-lHUT-3, DISAVVKltS, ne., Iltttiiron stri" t, lln- 1'cst WT TAILOU, A 1) C I. T M 1 I'. I! I1 Jtimiim.-lrrrt, near tin- ruMie f-'qinrc. A. i'. Dc.ikr in Dry rlr., Mi Kaic-'- 'i KKliKXrtKCK k .1011-N.SO.V, Ilcrtlt rt in Clocks, Jewelry. Siivrr ami IT, it'-., Veil to T'.Kt-OfH'T, iLilliuinrc strict. lil.AKK, MimcirAK Ami Pciikr in IHTS I'M'S. M-Knir'sXcn lllork, llillimnrc slncl, Ilif rilst-UPite, .IOHIN B. WIPKXKli, .HiSTin: OK on ll.iHiinore slrret, the 1'uMir SAMUKI, HVAliri' Eo.stnurnnt Sa5ooiit 0 YSTKnS.nnd RKrilUSH JtUSTS s WuWi's llluck, lialtimore stnyl. prisoner mu-t be dbrlinrgitl. (_O'15riin, p 2'Ji'i.) Xor i? it jufficient. tiiat the charg? ia a crime knowa to the military law. The olTi-mlor, when he commits it, bo sub- jc-ol tn mch law or he is not subject lo military jurisdiction. The general law has supreme aud undisturbed jurisidii-tiou over The military law puts forth no sucli pre- aims tolcly to enforce on the sol- iliir tho additional duties he has illumed. Itcon.-tihilcs tribunals for the trial of brca- chc- of Military d'jty "G-27. only code (the civil) embraces all cit- izen-, whether soldiers or not; the other (ihc military) 1ms no jurisdiction any citi- .is The provisoiH of the Constitution clrar- ly in linl.iiti the same doctrine. The Kxrf- cutiie nas no authority to declare war, to raise and support to provide and indnl.iin a or to make "rules for the government and regulation" of cither force. Thc.-e powers are exclusively in Congress. The army cannot be raised or have government and regulation except Congress a'nll proxidc. This poiver of Congrats was granted liy the Cytivcnlimi ritliuiit ubjcciiun. In l.ngl.ind, the King, as jrcncraiissiino of the has thougiit so vital to individual liberty, when assailed by governmental prosecution is but a dead letter, totally inefficient for its pur- poso whenever the, government shall deem il proper to try a citizen by a military com- Agaiubt such a doctrine the very of freemen rev-olt. It has no but in. the principles of unrc- slrained tvninnie power and passive obedi- ence. Tf il be w'ell founded, llicn we arc ii.djcd a nation of slaves and uotof fiec- un.ii 1 The counsel then proceeds io examine with j-omcvUiat of particularity the grounds on which he is informed Iho jurisdiction of this commir.sion is maintained, and contends, iu the second place, if ihe power in question is claimed under Ihe authority sup- posed lo be given lo llie I'rcsidcnl in cer lain cases 12 suspend Ihe writ of habeas corpus and lo declare martail law, Ihe claim is equally, if not more evidently, untenable. The iiU of 1800, establishing Ihc articles of war, provides for no military court like this; and it is maintained that it does not embrace the crimes charged against these parties or the parties themselves, and until the rebellion he was not that a difTer- cnl consliuclion was ever intimated. It the csilusivo fruit of the rebellion. In the course of hii elaborate 'argument, Mr. Johnson says: "As counsel for one of the parties, I should esteem mypclf dis- honored if I attempted io rcseitE my client from a proper (rial for the offense charged against her by denying Iho jurisdiction ol ihe Couiinisriion upon grounds Ihat T diil not colifcieiitiously believe to be And in whatever I have done I have not morn had iu view the defense of Mrs. Snr- tatt than the Constitution and the laws. In my vievr, in this respect, her cause a the cause of every citizen. And let it not be supposeU Ihat 1 am seeking lo secure impu- nity lo any who may have been guilty o the horrid ciimcs of the night of the 14ll of April. Over these the civil courls o ibis dislrict have ample jurisdiction, and wil faithfully it, if the cases ato remit ted to them, and if guilt is legally establish ed will surely award ihe punishment known to the laws. God forbid Ihat such crime bhouhl go unpunished. In the black cata logue of offenses, will forever be cs lecmcd thn darkesl and Ihe deepest eve committed by sinning men. Aud ill com mon with the civilized do I wish lha every legal punishment may be legally in dieted upon all who participated in them." "A word more, gentlemen, and thankin; you for jour kind attention, J ehall bav done. As you have discovered, t have no remarked on ike evidcnca in the cace Mrs. Surratt; nor is il my purpose: Hut i is proper that 1 refer to her ease iti particula for a single moment. -That a woman, we educitcd, and r.s far a3 ne can judge from all her pist life, as we have it in Ihe cvi dene'.1, a devout Christian, over kind, nlfi.1, lionaic and charitable, with no motive dis. to strengthen the impre-aion) danger to lib- erty I? more lo be drcivk'd fioin the IACCU- t'nc than from any other department of the otherwi eminent. fo far, thrrefore, from moaning lo extend il; powers beyond what was deom'jl nuut wiry to thu nliolcsoniv! of the Oiov- crnmcnt, they worn 'tiidions to place them bejond reach of With this view, liefon1 entering On the execution of his office, Ihc I'roideill i' rerjuirnl io take an nath "faithfully lo ill ilutie11, and lo the bfl-t of his ability, protect and defend the Constitution of tho United States." Ho N liable lo "be removed from oflicc on im- peachment for and conviction of Irc.ifon.bri- bi ry or other high erime1) ami or-." Tf he riohtea the he fails tn preserve it, and, above all, if he usurps potter not granted, he is false to his official oath, nnd liable to be indicted arid convicted, nnd to be imprisoned. To Mich an oflcu-'C, his removal from office is the ticcw-ary In n-cli a contingency, "lie shall he i- the eoinnntiddfthcCon'titution. What strong- er Idence could there be that his piwers, nil of them, in pence and in nar, are only this sole power, though the I'mliament ha> I closed to us that could have caused K total frequently inierposed and regulated for il- change in her very nature, could have par- Dry Goods House. TLLIAM DEVHIES CO., Xo. 312 Baltimore Street, Iktncca Howard ami Liberty BALTIMORE, ma, ronsHntly on liiml, n Ijinze nn.l Attractive aiwk" uf Foreign unit Domestic Xlry Goods, Notions, "our purchases twins made Cash, will he prqwcn: to Rif P nil ailrant-igM c Ibis or olhfr ,'itmut) 13, 1EC; 6111 ffcreil in such us the Constitution Kill if this rrf.i nnl crident from the in-lritmonl il- telf, the chdrnclcr of (he men who composed the convention, and the spirit of the Amcr- I ican people at that period, would prove it. Hatred of a monarchy, niadc the more in- i tense bv tho conduct of the monarch" from j Government they had recently cope- nnd a deep-teated 1 >vc of CnhslTtn- lional made 'the more keen and ac- liveTliy tl'O ;icri3eos which had illustrated their revolutionary career, them could never ho induced to del- i egatc anycicculivc authority, uaUo -jarcful- jlf. lint with us il was thought tafo-t to give the entire power to Congress, since Himmary and severe punishment might IPB inllietjd at the mere t7il! of the Ktecutive. .Slorj's Com. .-eet. I.IH'2.) Xo member of the Contention or any com- mcnUilor on the h a inti- maU'd that even this Congreiiional power could hi applied to tit'uens not belonging to the army or navy. The power given lo Cotigre--U "to make rtile-s for the government and regulationa! of the land nnd naval forces." No artifice of ingenuity can make words include thosj who do not belong lo the army and naiy. And they arc thcafore to be con- strued to exclude all others, as if negative words lo that cCect had been milled. And this ia not onlv Ihc obvious meaning of the terms, considered by but is de- monstrable from other isioin of Ihe Con- stitution. So jealous nere our ancfctora of power, and fa vigilant to protect the against it, that they were nn- xulling lo leave him In the .safeguards which a proper constiuclich of Ihc Constitution, as nriginaliy adopled, furnished. In (hit they resolved that nothing should be Itft ia doubt. They determined, therefore, not only lo gtjard him agaiast cxcsulive judicial, but against Congressional abuse. AVith this they adopted the fifth Cjnititulional amendment, which declarer, that "no person phull be held to answer for n capital or oth- erwise infamous crime, nnlcss on a present- ment or indictment of a grand jury, except in rases arising in tbo land or naval forces, or in time of war or piibliuilahgcr." This ucw is elaborated by reference to tieipated in the crimes iu question, it ia al- most impossible to belie; c. Such a belief can only be forced upon a reasonable, un- suspecting, unprejudiced mind by direct and uncontradictcd coming from pure and perfectly unsuf peeled sources. these "i Is the evidence uncontradicted Are Ihc Iwo wilnc'sci, AVcichman, nnd Lloyd, pure and unsuspected 1 Of the par- ticulars of their evidence I pay ncthiyg They will brought before you by my as- sociates. Hut the conclusion in regard to tlie'B witnesses must have in the minds of the court, and is certainly strongly imprc-s- cd upon my own, that if the facls which they themselves ttatc H3 Id llteir con- nection nnd intimacy vrilh Bnolhnnd 1'ayno arc Iruc, their Knowledge of ihe purpose lo ceunnit the crime and their participation in them is much more satisfactorily established than tho alleged Imnwlcdgc and participa- tion of Slrj.Surntt. As far, gentlemen, as I am ccnccrncd, her is now in ycur AW ILLINOIS 'WEDDING. At the age of eighteen I married n minis- er. Kuccne Morrison was my first and last ove, aud though I must in trulh say that he life of a minister's wife ia a sort of re- ined slavery, itill I never for a moment re- rrelled my choiw. first call, after our inanbgc raa to the village of Muall ilacc iu the Stale of Illinois. Our home was primitive, bnt 1 had brought vith me many luxuries from the and both were young and hopeful, and life ras not unpleasant to 113. 1, of course, encountered Ihe trials of nost minister's wives. I was criticised and bund fault nith, until I wondered if I was lot tho incarnation of original sin itself; and frequently had ileubts whether anybody in he world was to be held responsible for heir ill deeds but myself. My theology was very dubious at this time, aud my faith frequently went below low water mark. My parishioners were exbsodiiigly faithful in pointing out the beams in my CVLS. If ever a woman hud incentive to reform on the aduce of then i had; not a day last but I was admonished in MHHC way. Jiiss Eolitwoed said T dierscd too much. A minister's wife to set a better cs- before, the younglings of her flock. laid her admonition to heart, and took the trimming off my bonnet, and wore it with nothing but crape. '1'hen Mrs. Hale called lo tell me that I waa a disgrace to the pir- wearing such a dreadful bonnet. Peo- ple would think I was of the Quaker per- suasiou. So I put the Irimming on again. Then old Mrs. Stanley met me in the slrcet and said so riuch blue ribbon was unbefit- ting the wife of a preacher of the gospel. So I laid tli5 blue aiide, and appeared in LroiTii. Aunt Sally- Lane called the nest day be- fore breakfast to know who pf my fJlks was bad noticed that my bontiet was trimmed in mourning. If I called on a few of our parish, they eaid I was gadding, and pitied poor Mr. Morrison, dreadfully; if I ttaid at home, 1 was "too stuck up to visit poor folks." Just as surely as the supply in my larder ran low, 1 would have an influx of compa- ny, and the air of IJrookboro was peculiar- ly favorable lo Ihe growth of appetite. All the straggling ministers, tract agent', beggars and vagabonds came to (he parson- age; aud we were obliged lo entertain them, bccaiiFO, Kugctie said by ihus doing we might entertain angels unawares. In endeavoring to obey this command I gate shelter to a man who called himself a colporteur, and who proved his right to wear rings by stealing a dozen silver napkin-rings and a butter knife, given inc by my .sitter. Hut I did not intend to write my own was going to give you a glimpse of an Illinois nodding. One fine day in early winter, my hus- band received a summons to llurke's icttle- ment, to unite n couple in tho bonds of wed- lock. It was especially requer.teil tint hi? wife fchould accompany him, and we !-hould be expected to remain all night, and partake of the festivities. Usnrr.noon. ThcTJiclimoud liltii states that Juilgi Underwood is the oc- rupant of a house in Xorfolk, worlli twenty thuoiiand dollars, which was confiscated in his own court, and which ho purchased for the sum of fifteen hundred dolliirg. It K also ttalcd thnt its former 'tfwncr, Mr. Mc- Yoigh, a goatlcman of Cfly years of age, nlthougb lie never held offieo of any sort under tho Ccefetierato Government, besides hiring Iii3 properly conGjcatcd; was indict- ed last wccl: by the Graad .lury at Norfolk for higa treason. U was twenty iniics lo the FclUcmcntand we reached the log house of Mr. Uurke, the father of thb expectant bride, about noon.' A dozen tow haired children were at the gcr into ycr as good as n soap- alone." A fateful squall announced the execution of the rooster, aud shortly afterward he waJ bouncing about in a four pail kettle bung over tho fire. Sal returned to the churu, but the extraordinary fisitc'rs must "have made her careless, for eheup'set the concern; and butter and buttermilk went swimming; over I1 e floor. "Grab the ladle. cried Mrs. Burke, "and help to dip it up. Take kecr, don't put that f narl of hair in. Slrango bow folks will be so nasty. Dick, do you keep your feet out of the won't bo fit for the pigs when the gathered. Drive lhat hen oul, quick, she's picked up a pound of butter already. There Sal; do try and churn a little more kcerful. If jou are gwiue to be spliced ter morrcr, you needn't run crsry about it." "I'd advise you to dry remarked thu brida elect, thumping away at Ihe churn. 1'y Ihe lime T had gol fairly thawed, dinT uer was ready; and you may he sure I did not injure myself by over eating. Night came on early, and after a social chat, about the evenl of the morrow, I fcig- nified my desire io retire. Sal lighted a pitch" knot, and began climb- ing a 1 idder in one corner of the hesitated. "Come cried be afraid." Pam and BUI, and Dick, nnd all of the rest of ye, dud: your heads while Elder's wife goes up. Look cut for. the loose inarm; and minJ, or you'll smash your braiua oul against that beam. Take kecr of the hole wlierfl the chimbly conies through." Her warning came too late. I caught my foot iu the end of a and fell headlong through what appeared to be interminable space, but it was only to Ihe room I Jiad jutl left, where I was saved from destruction by Bill, who caught tiie in his arms and set me on my feet, remarking coolly: "What made you come that I We ginerally use the, ladder." 1 was duly couimiscra'led, and at last got lo bed. Tile less said about that night, Ihe bolter. Bill and Dick, and four others, slept in the same room with us, and made the air vocal with iheir snoring. .1 fell asleep, and dreamed I was just being fired from Ihe muzzle of a Columbiad; and was awakened by Mr. Morrison, who informed me that it was morning. Tho marriage was lo lake place before breakfast, and Sally was alreadyclad in her bridal robes when I descended Ihe ladder. She was magnificent in a green calico gown, a crinoline full four inches lar- ger lhan Ihe rest of her white, apron with yel- low neck ribbon, and white collon glover: Her reddish hair was fastened iii a hind, and well ndorned.wilh Ibe lail-feath- ers of Ihe defunct rooster before mentioned. When it was announced that L'cinV Lord the groom was coming, Sully dived" behind a coverlet, which liad been hung acrors pno corner of the room to conceal sundry pots and tellies, nnd refused to come forth. Sir. Lord lifted one corner of tho curtain, and peeped in, but quickly retreated; n slew door, waiting our arrival. ed the iieir.s instaul'y. They telegraph- Mann! inarm! here's the Hhlcr ur.d his various legal authorities, nnd the Coastitu- It" a Lady "throw.? herF< dcrstand sac Carried for questions ure at length. .t "comfortably uuderslJinl The sixth, amendment, which our falhcrt I ricJ a Tcallby eld man flliam she hates woman! Tliej'rc nothing SheV got a mail's hat on, and a turkey wing in the front of il; nnd his nose is just like dad's as n cow horn wjuash." Alas for Mr. Morrison's nctiuilinc nose, of which ho was a lilllc vaiu! called a shrill female voice from the interior of Ihc cabin, "run out and grab the rooster, and I'll clap him into Iho pot! yon tjuil thai churn and sweep the floor. Kick lhal corn dodger under (lie bed! IJill, you wipe the tiller out of that cheer for thu minister's wife nnd be nboul Further remarks were ciit short by our entrance. Mrs. Burke, in calico sllort-gown, blue petticoat, and barn feet, came wiping her fnce on her apron. "How do jou do, Klder? d'ye do marm. ?Iust excuse my head haiut had no chance fo comb it siiice hft week. .Work muft did, you 1'owcrfnl frharp air.haintil? Shoo, there! turkey out nfithe' bread trough! Sal, lake Ilii lady's ihinga." Set right up to the Ore; marm. I land's Well, just .ran 'cm. .in Bill's we keep it long n purpose." Bill presented his shaggy head, but I de- clined with an involuntary UimJdcr nnd a fevr sharp words from advising him lo mind his own bu'siucsa., __ j A'cry soon Ihe company and in half an hour Ihe. room was-fillecl. "Xow, cried Ihc briJe-grodm, "drive ahead! I want it dune up .abort. I'm able to pay for the do .your best." "Come father Burke, Irot out-yer gal." Bui Sally refused lo be She would bo married where the was, or not all.'. We argued, and coaxed, but she was firm: and it was finally concluded lo kl llcrhave lie'rown way. Mr. Morrison slood-lbc happy couple hands through a rent in tho coverlet, and Mm ceremony proceeded. Just as Mr. Morri- son was asking Lemuel "will you Imve-lhii woman, down 'came the coverlet, en- veloping bridegroom aud pastor, nnd filling thu house with dust. Dick had been the loft, and cul ihe string which held it._ Mr. I'ltrrison crawled out looking decid- edly sheepish; and Sally was obliged lo.lw married openly. To Hie momenlous qucs- 11911, Lemuel responded, "To be else did I come here font" and Sally replied, if you must knovr." "Sainlo your said Mr. .Morrison; when all was over. "Now Kldcr. what is th'e da'magc? ba afraid lo "Whatever JOH ton.'. _' a of pir from hii pocVel. TsC '.'There, ljq; Jlia'-iKeilXljrdjiujdn nu'd vou'tOj wclublnojortlje, Jrull it.1'-., JIj liusWid Fiowedjiix t'h .jispplo-wcnttodaaciog. M.ropBurkejscnt to Bitting nud, ,t, Mr. clincd with an involuntary shudder love, if file is' if sht tt'in'l actually a Mrs. iu i. 1 wood. Iletc.'warm, take ivl, ;