11 Aralık 1861 Tarihli The New York Herald Gazetesi Sayfa 1

11 Aralık 1861 tarihli The New York Herald Gazetesi Sayfa 1
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THE NEW YORK HERALD. WHOLE NO. 9223.. NEW YORK, WEDNESDAY, DECEMBER 11, 1861. PRICE TWO CENTS. ^ jr ^ IMPORTANT FROM WASHINGTON I SEWS FROM THE LOWEE POTOMAC. {Aelliog of Freestone anil Shipping Points by Oor Flotilla. nportaut Foraging Expeditions of Gens* Hancock^ Porter and Mcl'all. Inter eating News from the Rebel Army. One Hundred Thousand Rebel Troops on the Potomae. Brand Review by President Davis and Cfon. Beauregard. Great Scarcity of Provisions and Clotbing. DISSATISFACTION AMONG THE REBEL TROOPS. of Mr. Pendleton on the Writ of Habeas Corpus. COCRT BiRTIAL OF COLOIEL KERKI?HV, &C., &c., &c. Washington, Dec. 10. l?6l. SHELLING TUB KEBl.T.S ON TIIJ6 LOWKR POTOMAC? A BRILLIANT AFPA1K ? REPORT OP LIEUT. TYHiS. The correspondent of the Haiuin with General Hooker's (division, near Budd's Ferry , writes under date of Uecom Iter 0. The lower Potomac was enlivened ibis morning by gun. t>oata of the upper flotilla shelling the woods nod burning the buildings at Freestone Point, while about tho sarin: time there was a fine rcviow of New Jorsey troops on the Mary land side. At nine o'clock in the morning the New Jersey brigade, recently arrived in General Hooker's di vision, was reviewed and inspected by hlin. The day was on 0 of the finest ever known In Maryland at this , Mason. It was like a delightful day in the oarly Indian ? rammer. Tho b.igade, consisting of the Fifth, Sixth, Se venth and Eighth regiments, is under command of Colo ' ael Starr, of the Fifth, an officer of extensive e\perien<e , In the regular army. The appearance of the ? men was highly commendable, eliciting complimentary : encomiums from the commanding General., who never I praises those who are undeserving. After the review he proceeded to carefully inspect the different regiments. The morning being calm and clear I made an ascon^ion hi the balloon to draw a sketch of tho rebel camps on the Virginia side of tho river. Six steamboats belonging to the upper flotilla were seen near the mouth of Maluwonian creek. Presently, at half-past tea o'clock, the J.icob Bell, Lieutenant MoCrea commanding, got under weigh and went within about a thousand yards of Freestone Point. She fired five ten second shells into the woods, and then put about. Several wagons were seen approach ing the buildings near the shore where the rebelg had some stores. Lieutenant McCrea, of the Jacob Ball, communicated with Caption Austin, commanding the Baaceetu, and both vessels then stood off Freestone Point) where they commenced shelling the woods and buildings. The Harriet lane, flagship of tho ilotilla, Captain R. H. Wyman commanding, was stationed a jniio or mora le ' mod. She fired two ninety -six pound shots. On a line With her, a little lower down the river, were tbe K?!ijiiee and the Herbert, with the Stepping Ston- i immediately feehrftd, all in the mouth of Mutawomau creek. This was ! the position of the steamers, v ith a sloop lying near, when the cannonade commerced. For an hour and a half the two steamers poured shell into the woods. From the balloon I could see the shette burst over the top* of the trees and near the surrounding buildings. Some struck the residence of Mr. Fairfax, situated In a (r?ve upon the hill. Fairfax, is said to be a Colonel in the rebel army. The wagons moved away as quick as possi ble, and several mounted officers scampered oifas well. The booming of the cannon aroused the camps, and hundreds of our men covered the 111 He on tbe Maryland Bide, from which the whole action could be seen. While the vessels, were firing into the woods our guns at Budd's Ferry sent a few shells across. The rebaljbat tertos directly opposite, at Shipping Point, returned tbe tra. Sevoral of their shell" exploded on this side without doing nny damage, and one of ours burtt right in their upper battery. The rebels ran in every direction. In the meantime I had desi ended in the balloon aird embarked in a boat which Lieutenant Colonel Veils, commanding the First Massachusetts regi. ?Mbt, bad kindly placed at luy disposal, with * crew under Lieutenant Car rath, Mid * as on my way up to tbe flotilla. The Anocostia fired twenty shrapnel, our fiv e second and two ten second shell. The Jacob Bell fired seventeen six Inch and fifteen eight inch- shell. Fifty sown were tired altogether. The Jacob Boll then went- clo-e to the shorai and Lieutenant McCrea, with four men in a tmaH boat, accompanied by another boat from the Anauostia. landed sod set fire to the buildings near the water's edge, which they said contained stores belonging to the rebels. Oae containing empty barrels was not"borned. The other haildings a ero so?n enveloped in a sheet of flame They were former!} used as a iish house, and rented lor three thousand five hundred dollars per annum. The toaw presently returned to their respective steamers, ?which then fell h?ok and anchored near the Harriet Jam. Tho reflection of the set ting sun on the Potomac, which v?ae placid as a lake on a summer evening, together with ?tal of the 'burning buildings rendered the scene exceed tngly beautiful. J# the evening a light breexe came up. and to-liight a number of small vessels, mostly oyster boais. ate pas- ing af the river. H w cow ? quarter to nine o'clock, ami the rebel t ' e irioaat Shipping Point have just opened on two of the UergfT one* ? tl*? Oriental and the Shining Light , Captain %Ufccr ? which the rebels can easily distinguish i,v i Mneou of the vl?t>*net-E of the night and the brightness of ^beanoon. Both batteries are keep. eg up a rapid Are upon iIIMk The flafht of two, throe auil four guns are goon #iMclfanecusly. with the burning fuse, are making pnacetil curves thro'i.uh the air like shooting star.-, and Mmta cotne tho loud reports of their bursting. We Uj we a One view cf this nugnitlceut night raDnon ?d* <ro;a tho rear verandah of Mr. Posey's rcf>ideuc?. Some of tiie nbtilg liaye etr'tck the water, several ai o nitftin* Li the air, and *j?e have romeover here to the ICarylaud nkore. One shot which rlchoche?eda!>mj the water tovol. d the side of tho Shining Ligist about the water murk, but being spMit did not do *Dy damage. lA".bout forty ahots were flreu by the rob?!r, but none of rl^e voxels ? ista;ncd any hijury. If"* firing awn ceased i.n<> everything wk quia during ti>c remaiAiei *t the Bight. A further dcrpatcb , dated title moia,ng. ttetofUtat ;hc fcuildinft,^ continued to burn for eighteen hourr. The Se<\*etcry of the Sivy to-day received the riJKow fig letter k'ctc R. n Wymw, Lieu'tnaot ccnun?ndX',f the Riomao fly 'tt?ia, dated .VvnuD Purr.-' ?tw ? **?< Huku Vim | Oa M-amwojij* CnttR, Dec. 0, lft#i. J Sir? 1 have th? honor to report t.) you thi. t th>? inor rftig about half.pen nine o'U-ick, sowing tns enemy's jiiclcetp, thren camp wa^oi'* aril a mounted oil,' tr ooming down the road, to the HotUb ward of Freestone l'oipt.and lull ing at som?' butldlnge Boar tho beanh.I directed the uteiimers Jacob Boll and Auacosm to sUell tho bn,:din^s. latwt In w ib tins v*a< el no far as the draft of wtitnr wouid firmlt, to protect (hem in t '<4 ?78Pt of <??? cvt/ny r bringing a told batter? to Preetfone Point. After shilling the buildinga and bill, and driving back the pickets, Lieutenant Commanding lioCrae lauded with a few men and flred four bouse*. which have siuoe burned to the ground. They oontalned flutters' BtorM, flour, Ac. As eighteen bourn elapsed before the flames subsided I Judge that the quantity ot stores mnil have beeu . oimlrtr. ruble The enemy tired but a few musket shot. RBCONNOiaRANCKB. On Friday last General Hancock Want out in force to ward! f'entreville for the purpose Mainly of observation, and incidentally to procure forage. Detachments wont out at the same time from General Porter's division to ward* Flint Hill, and I'rom General McCall's towards Prainsville. General Brooks wax stationed on Freedom Hill, tending detachment* beyond Vienna. 'I'beio latter were intended to cover and Rupport tho advance or Gone, ral Haucock, who commanded the priucipal force. The several dotaclimcnts moved to their positions at un early hour in the morning, and were iu every respect success ful in accomplishing their object. General Han cock procured ninety four loads of forage and General McCall over fifty. None of the enemy were seen suve a few cavalry scouts, who re tired rapidly from view. But tho expedition was, a It now appears, of considerable importance in its results. Goners) Hancock carried ont in every respect his plans, going no further towards Ceutieville than lie originally deslgie 1. It wi'l he observed that no man lias yet been lost from ibis (Smith s) division, and the reason is because uo j small parties are sent out. Whenever a force goes out side the lino* it is sirong enough to ftglit a battle. Then two liner, of skirmishers scour every wood in advance of the i.olu mo. NI'MBKR* OF THE RKBKI.8. It is believed, from all that can be gathered, that the rebel fores in front of our lines numbers at least one hnndrod Ihourand men. T)1K REBF.T, ARMY IN VIRGINIA? INTEREST Ufi ITEMS On yesterday morning au intelligent colored boy c one eame willun ihe lines, and stated that bo ielt Centreville on K'atoiday niorniug and succeeded in avoiding the rebel picUoisby keeping iu the woods. Ho says ho is a free boy , born and raised in New Orleans. Ho has been night months in tho rebel army, as the servant of Capl. M. H. Miller, of the Washington Artillery. He was ai (he battles of Boll run aud flail's Bluff, and gives minute and eoriect accounts of tlie principal events. Ho has re ceived no pay for his sen less save a few sliitiplasleis. and upon being refusad ou Satur day his |>ay, determined to come within our lines. lie says thai on Friday there was u grand review at Centre v Hie of seventy live or eighty thousand troops He heard the list read by Major J. H. Walton, of the Washington Artillery. Thora were at the review also one hundred pieces of artillery ? al! light, except two twenty -four pound howitzers. General Buregard com manded, and President Paris reviewed the troops, fie norals Johnston, Ijong?trect and t>tcwarl were also there About twelve o'clock, noon, of that day they sent tw0 regiments of infantry ? tho Fifth South Carolina, Colonel Jenkins, and the Sixth Georgia, Colonel Colquitt ? With two sis pound howitzers and two four pound bowitre .? oi tlie Wnshiugton Artillery, under command ol Cap tain ftosser, and one hundred of ?towart's cavalry, comm&uded by Csptuiu Jones. Tho Kighth Geoi gia, Colonel Mercer, was m reserve, one nitle in lhe roar. They reacbeeil the vicinity of Ilasle*. burst's mill about two o'clock 1'. M , and sow at first only tho advance guard of General Hancock's column. Tb?y immediately placed their pie';o* in posi tlori In Ihe edge of a wood, and commenced masking Uicm with bnsbet. But soon their scouts reported the.nl raaco of General l'orter al Flint Hill and that of General Brooks at Vicuna. This so alarmed them that they com menced a rapid retreat , tho cavalry taking the lead, the artillery next , and ibo infantry bringing ujUhc rear. A wheel on the leading piece breaking, the guwieri uu lntch. d their horses. The alarm now iijcre?s"d so much that the traces were cut from the other three piece*, and ihe gunners mounting two on each liorse galloped off towards Cent rev rile at the top of their speed. The iofacMy catching the Infection threw away tlicir arms ami blankets, and the rout became general. The cavalry reaching Centreville first repined to President Davis aud General Beauregard that tbc en tiro Union army was advancing. The long rati was at once beaten mid tho troops disposed in support of the scve.al intreuchmenta, the artillery being placed in posi tion. They sent all their sick men, spare horses and hoavy baggaga back to Manassas. The entire foroe laid on their knns nil Friday night and until nine o'clock next morning, when the cavalry scouts brought back an ?c cunt of the tree state of the case, and man and horses were sent and brought back the guns and tbc small arms aud blankets. On the 2StU of Xovetul-er General Beauregard (rave or. dei8 to prepare for winter quarters, ami on the '.'Oth they commenced cutting logs for bouses. President i?avis camo two or tire- days oflor and count ermaaded the or. i deli, bcc" ' se, he raid, the Ihiion forces would' soon be there, and they might iw\e to destroy them. They have nt t'entrevMle a fort or earthwork for every letter In the alphabet, and designated by tho Intterei also a strung fort callod Beauregard and one callod fin\ ,g, besides another not yet finished, and unnamed. The forts are connected by rifle pit*, and the embankment* are so prepared that tho field artilieiy can be wheeled into the embrasures, the caissonfebeing disposed in the rear. There is a drill of the artillery every day in placing tho guns and cai?sou>- iu posit ion. There are lour guns to each fort. In Fort Beauregard there Are three rilled guns pointing dewn (he Fairfax road. Colonel Jenkins was in command at Havtkhurst'n mill on FrMny, and was to be court murshalled for his con duct. Co). Stewart came with the foree to the mill, but hud returned to Centrevllle before the retreat commenced. The retreating Infantry reached Oentreville about dark. The four pound howitzers were a present to the company by President Davis. There are two rcf,.mctihr of colored man at Ceuirev i'le, nnder I he command of Jordan . an old colored veteran of 1 BIS . having been ? drummer boy under (Jen. Jackson. One of Ibei-e numbers eleven hundred, and the other fourteen hundred. Two other colored regiments were sent to Missouri since the last battle there. These regi ments are composed of both free and slave. They are no1 allowed to do picket duty, but are drilled and encamped separate from the white men. Their officers are al' colored. A' Bull run, he says, (lie rebels thought themselves beaten, and were surprised at the retre.at of the Uni >n forces. They thought thp retreat was a l>int to draw them oat, and fully upeoted the battle to be renewed the next day. He says a shot from Captain Ayre?' battery on the lsth dismounted one 01 their guns an l killed six and wounded four men t bat the loss o!' the rebels at Ball's Bluff, in killed and wounded, was about four hundred ?nd fifty. The fortitlcationa at Cent rev ille have beon bt'llt by impressed negro labor. Tlits boy says tli?re is much dissatisfaction .unoDg the private soidiers oi the army; that great numbers are slcl: ih*' they b?uc no valt nor salt meat, but live al most entirely on fre h beef and bard bread. The officers aione have salt, but neither loa nor cofl-e. That the common talk i' mong the office >i> is that if they are beaten at Centrevllle they will fall ba--k to Manassas, where their flanks are well protected. The shoes for the so! divrs are made of oiled cotton cloth with rawhide soles This boy has stood a mo-t searebing examination for over three hours by competent person*. His statement of the position of va: .ons regiments and ihe names of their commanding officers compares in the main w ith the list published lately in the Hssai v. He says Geueral Beauregard i? in command of the army of the Potomac, and has not hem awsy any considerable length of time since the battle of Hull run: Oeuerai ti. W.Smith com mand* at Occoqufln, aud General Evans at Letsburg. that the rebel otlu ers sro.Bisny of there, offering their i resignations, aud that generally there is much complaint, semi-times reaching to mutiny. He further says thst a new flag has be^n furnished ! eeeh regiment? a cherry or violet colored ground wi<h j black barneross.'iig diagonal!} from the corner*, and while i stars on the bai s He ta> f the l ars aro broad s'rips of ' ?ilk or i ;bbon. lhi* is called tho '?fl4l.ting Dag." He gayi, further, th^t the tali; among ihe officers was, that if w* did not attack tfcem soon, they would take Alexen dr:? flftet.aEd Wi'liingtoo ward* that t; a Yankees thought they wtuld fr trte them out at Ceatmille and Manas cat, b it they would Cnd them safely housed iu Alexandria ana Waahingtvu for the w .nter. lis says that at the im v it'* sku mHh Uentenaut Blooumb, of Com pany B, WsslMBgtotf *rtii;?"rr "it! two pmitcs wt"c ' killed. Ueutrnant Slocumb was a wealthy young man, from New Orlea <*. BETTRN OF A MARYIANDKR. WllltamW. Pattinon, Marylandor, who recently escaj^ed from tho reb?l ?rmj iu Virginia, wsa brought to tlie city to tiny by Colonul BlaUdeli, of the Klcventh Massachu setts, Hooker's division, and a safe conduct grouted him to relirii h Die Th? oath of alicgianco was administered to bun by Colonel Rluisdell, and he ban furnished valuable Information respecting the number and disposition of the enemy'* force* on the lower Potomac. Uo favs that noni ? thousands of Marylauders who wrnt to Virginia are anxious to return. A delegation of rilUon* of Eastern Maryland waited upon General Honker recently to auk whet would bo done wuli tlio-e who should return, an. t hp replied that they would bo allowed to resume their positions an loyal citi *<in on taking the oath of allcgianco. The l i bels on the opposite shore have called loudly to the picket* on our tide to 'send back that d ? d deserter or substitute." Patllson nay* the a (curacy and efficiency or our ait 11" lerists astonished theiu, while their own cannonading has thus far proved impotent. KXl'llANUK OK PRISONKR8. The New Yolk dulegMion which is here laboring for the exchange of Colonel Corcoran and other prisoners! had an inter v iow with the Cabinet to day. tti- hard O'tio.nmn, Ian. , and Judge Paly addre-ed the Cabinet a' length upon the subject. HKHKNAllK TO UOVF.HNOIl MOHtJAN. The officers of the Fifteenth New York regiment , Col. Mcleod Murphy, serenaded Governor Morgan on Monday night. In response to a call tho Governor said: ? Tlie pl.-s-ujie nf Inspecting our noblo troop? by day aud listening to su? It excellent music by night could nut make him forget that we were engaged in a \ ery groa' nnd im portant work, which could not be doubted would termi ! nate gloriously for our cause ? how soon he could not say, but that the result would bo in our favor lie could not doubt , so long as < ur brave troops were lod by such gallant officers m Colonel Mnrphy, of um New York Fifteenth, tie had watched hi* course In tho Senate of the rotate of New York, where (lie w .shed to state it as a simple ?c,t of Justice) be was the first nian to rise in his place ! and move to vote Tor iti?n and money to put don n this . rebellion. Thanking tliern lor tho compliment tendered hint, the tjoreraor bade ihemgnni night amidst euthusi- I a<t ic cheers. The officer* of the Fifteenth then proceeded to t be r> sidence of Mrs. General Franklin, and complimented her with a serenade. 8KRKNADK TO t'OLONKJ, MUI.UOAN. On Monday, when Colonel Mulligan was serenaded by the officers of the New York Fifteenth regiment, he re aponded in 'lie following speccb. It was nearly two o'clock, too late for telegraphing:? Kkikiw Cnircse ? I thank you most heartily for this j j uticxpucted compliment. Hie hour m so lato or I rather so early that I can only detain you I with a few words. 1 a,* ire you that I I I feel proud that here, in Hie capital of the j nation, by the : ide of the kivat arm} of ibe Potomac, such a rocoguiliou i< made of the poor service J wets able | to reader, and of th" brav er> of my command during tho | nine dayj siege ol lcxugiuii. Hi* painful to uoiiteiu plate tho premnt condition ot our country, but th.-io is one consolatory thought in conned i n with ii. While the sound of ibe mill and the ringing muaic ot the anvil are ascending to ileaven half a million of bristling bayo nets at! n^t that our lives and our free lom are imepa fable; that we will die sooner that) yield tho glorious hirlli right we inherit from the founder* of our country. Our sacred cause has been crimsoned by the blood of a I .yon, it has been sarclitied h.v the destb in arms of 1 hat noble Jteualor, Colonel linker, who stepped fr<<m yonder ball to ihe battlefield ; it has been sanctified too by the captivity ot the >, '<>utt b aler of the gallant New York .Sixty ninth. Colonel .or coran? may lie be brought oi l fvotn bis imprisonment , oud once more lead his brave regiment to vindicate the royal Irish valor and avengo his country. Gentlemen, ! thai v. e may maintain ihe I u ion intact, (bo copstltu ; tion supretiH a'ut out liberties inviolate, i.- my wish, as I j once more thank your band and your gallant Colonel for this visit , and I A you good nigh'. This speech was received with the greatest enthusiasm j by tho audience In front of the hotel. TKIAL OF COLONEL KENRIQAN. The Court Marl i*l (o try Colon?l James E. Kerrigan, Of the Twenty-fifth New York reKimeut, n*??inil)l<*il at the Art Building, ? m ner Seventeenth street and Pennsylvania aveuue.at ten o'clock ye'terciy. The following olflo?j-s compose the court: ? Brigadier tleneral Silas Casey , Unite.! States regular ,u fsntry, Rhode Island, I*rc?i<i?n f . Brigadier General I.. I'. Graham, I.'nited 3tr\tes regular tjefotut cm airy, Virginia. Brigadier General . I. N. Palmer, regular Fifth cavalry. N?* York. Brigadier General John G. Parte, regular Topographical Engineers, Pennsylvania. Colonel Krank 'Wb.-aton, Fecond Rhode Island Volun teers, regular Fourth cavalrj , Rhode Island. Colonel W. n. Slocki"n . Michigan \ otunteers. Crgnnel K. I'. < honnan, Kighth Pannsylvaaia cavalry. | Colonel John B?ardsl?y, Ninth New York ravalry. ColOael W. H. H. l>?v's One Huudred an ft Fourth IVnn nylvania Voiyn'ears. Colonel.!. W. Allen Ninth Now Jersey Volunteer.*. Colonel . I. B. Howell, : igbty-tiflh Pennsylvania Voiun teerP. Kir- 1 Lieutenant .1. Addison Mo&o), Third 1'nited Kiaies infantry, Judge Advocate, Keg. The charges upon which Colonel Kerrigan is being i tried ? ?ev?n in number ? are the moat serious known m the military service, and the court before which he ap pears hi rogai <l?-d as the strongest in talent, experience and other respects, that has ever met in the way 01 the 1'otomar. The four {,'*>'?")? are all </f the regular atmy, and experienced disciplinarians. S?o also is Colonel Wlieaton. The Judge Advocate, Lieu tenant McCool. is ? native of Pennsylvania. Colonel Kei , :gBL ap] eared in court iu charge of a guard. He w?s arraigned on the follow mg charg>>.? Cmrfi' lift ? A habitual negl/vt of duty I Charge Sttrmtt ? Showing conduct which w.iS prejudicial ? to good order i.ud military discipline. Charg* Third ? The riolatiou or the forty-fourth art. vie oi war. Chtfrif F^'wil i ? Oisobedleuce of orders, in violation of the ninth article of war. Chary* fifth ? .Lying out o camp without the lt'va of i his- superior officer. Chut,* Sixth ? Drunkenness on duty. The prisoner plc.irted not guilty to all the charg"* ex cept the filib. Application was then made fur a postponement "I' t lie trial, which was granted, until to-day, at t?*n o'clo< 1 . After Ibe adjourumaut of the court the following ad diiion.ii charges were preferred: ? < 'hn.rqt- Seventh ? A shameful abandonment >?f hi.- ;>ost. Chnrgt Kighlh ? Withdrawing ot the pickets without : ordei s. J Ibis conduct is alleged to )(ave immediately preceded I the attack upon onrforces audi capture of Mnnron * Hill 1 by the anemy on A'igu?t 2?. I Chart)' .VirtWi ? Communi) Sting with the ei>?ujy a num j her o times botwe 11 iii<- L'ith of Jul) and tli? f I of < hi I toher. That he 1- ft b'..< enmp. in F-Urinx county, Vlr | ginia. and visited the euemv in said count) The court assembled io-d.iy a! ton o'clock. I Judge E. L. Hcaro. appeared lor the accused. Hon. 1 Reverdy Joliuson, who is aleo retaiued. ?? s engaged iu ? the Supreme Point to-day. and i Colonel Kerrigan, through ? his counsel, asked for a postponement until to-morrow. The Court decided to proceed with the testimony. The ' testimony to-day related to the ilrst two charge*. Henry A. Savage. Major ol tb<s New York Twenty fl'Hi , regiment Volunteers, test lfteu that be wus elected j Major at a meeting of the oflw ers of the regiment , at which f'olaDe' K< rrigait pr e^i tod; he h?t- not bee.' cwu mi^iubeit: joined the regiment at F'aten Island; left I there July 2. tsed has never giren invtructions. theo ! retical or practical, to oillceri or man in tactics of the j school of the battalion or compt njr, or eHb". of them , witness ii?v served continuotisty as iiajor alnce lit joineu tbe reg inont. (apt* in Vrchibald H Fergttaoo testified that he is Captain lutbe Now York Twenty-flfth rcgimeut; Colonel KiTrigan nevei gave lustructmni to b.s oflli ers or men in battalion or company tactics to witness' knowledge: the rccnn"ut bad rec ived nistruut:oog in batulion drill imm M.i^ior Savage. First UeitCUUil rUoiuas P. Abbolt was C ilieJ aud corrulfirateU the foregoing testimony , and ba d Cvlonci Kerrigan bud commanded the regiment son.e twenty tiutew- at avetiittj,' parades and man he*. Testimony wai then taken on the second charge. ttaptain te' -nion re'-allod? Tehi-Cod that on the 14lb or 16th the regiment whs reviewed at the camp uear : Hall s ljill, about tbnt time, one night after tattoo, he heard four or lire pe<*on*, whether ofDcers or men lie oould uot s?y, sitting near tbo Colouel's t.-nt, engaged in very lo d and buis t< roiis t ouvei saiion and singing , tbey Eeemed to be lutoxicatcd, aud cu.'ed i (Kin tbo Colonel to oomt out and drink, but witness thought he did not; witucss Ml M'.'.-ep v.hlla the nojju continued; there was thot* or Ices drunlfiMmcsa anil quarrelling jncut tho ' - nif. on ona o ?caeiun a scrgunt of Company D had ati .,'.!crca tl.-.u v. .'Jj a lieutenant, did not <ee the Colonel ic'Tfoie to i'tcp disorder; ihoo'd *a.v tt? regteent uol much behind the others in the brigade in the matter of orderly conduct on the day ol' review about the middle of October; the mon <m that occasion were very rag ged, m>n.b U? want of juintalnoiis. and several had uo shoes: no InMauco of indecent exposure ef person was scon by wltoeu. Major Henry A. lavage recalled? Thero had been dis orderly language and disturbances, and some of tho men were drunk; do not call that an unusual occurrence , did not sue the accus-d iuterfero to stop disorder; at tho review the men were not in tho stato of cleanliness they should b.ive been; did not see any with pant* unbuttoned; the Colonel took command after witness had given the order to present srms to the O'ciio ral; did not report the disorder particularly referred to by the Judge Advocate, hecMiM the Colouel waa on tho ground and xa\v 11 , have stopped inauy a disorder in the rump; cannot sav whether the officer of the guard noticed it or uot; tho men wore not al clothed, which was the fault of tho Quartermusier. llrigadicr titn irnl John H. Martindale called ? Witness wa> at Mali's Hill about tho 14th and 16th of Octob r? commanding I' 1 r.t brigade Porter's division: the New York Twenty-fifth Volunteers came and er>' amp tl noar Hall's Hill, on ihe location afigned them by Wit ness, who reviewed them en tho next day, 1Mb; on th? 10th visited the regiment to exa mine the instructions of tbe officers and observe the appearance and order of tho m?n: heard loud and itoistcrous talking between tho men, cud pari iculitrljr l>c twecn the officer* aud men; saw no means used lo presorvo order; nun wore not in proper condition at the review - wuni'sa examined them personally ; na* many men with 'heir pantaloons partially unbuttoned, one or two in drawers without pants, aud one or tnoro barefooied; m?uy were ragged; many had their clothes opeu about j the thront, ox|M*iug that part of their portion; witness ordered all tbe comnii-aioned officers, Including line officers of Uio regimout, to assemble for instruction and ! extiulnation . shortly after the 16th of October M, this point Colonel Kerrigan again asked, through his counsel, lor an adjournment ti l to-morrow, aud at half past two o'clock the Court adjourned lo half-past ten o'clock on Wednesday morning .A a additional charge against Col. Kerrigan was read to him to-day al tiie court martial, to tho edict that he had given informal ion lo the enemies of ihe government re bidiug in Fairfax comity. Nowitnerses on that point have yet been called Al.l. QUIET.

Army mallei a have been at a stand silll to-day. There is no movement of any kind to record, fhe only report at headquarters to mghl is that everything is and has been all day perfectly quiet. THE AtlJIY. 'Hie follow ing order, appoint iiig John Jacob Astor all aid to (irneral McClellsn, has been issued: ? OKNF.lt J 1. OHDKVS, NO. 51. Ukaikji: ahtkhs Akmy or Til* 1'OrOMAO, 1 WAKmxi.rov, Nov. .'10, Ifcrtl . j John J. Astor. of New York, is announced as untecr A<d-de Cimp to tho commanding (lencral, w ith n,e rank id Colonel, and will he obeyed and respected a<v ir,jictfJy. ily command of Major General Mc< 'I,j.;i.I,A'^' S. Assistant Adjutant (icncrtd. Official? W u. P. Mason, Aid-de Camp. Ceorge 11. Fills has boon promoted to a First I.ieu tenant, Company M, Major Barker's McC|ellun Dragoons, aud 1'. Purley Page elected Second I.ieoUuunt of the same com pa u y. 'I UK J.AVV. The Navy Department invites proposals for furnishing, fltfiup and -eenring io vessels of war iron platen fifteen and a half feel In length to have planed edges and coun* lersunk holes, to be brut to the shape of the vessel from stein lo stern, and fastened lo the tinilier with cooicaj headed bolls of one and a half Inches in diameter. It is understood that tbe department designs to thus clothe the vtrtelb of war with tho least possible do!;iy. THE [.ATE HEN A TOR R1MJII AM. Hie eu! > gy of Senator Clark upon (lie late Senator liliikham ilrtivered to day, in regarded as one of the must felicitous etTorlR of enloghstic oratory that liai ?ver been heanl in 111" Senate chamber. It wa.s U p mibjeet <it general commendation among Senators n? well in in tUe crowded gallorle*. Tbe n ?"?< h of Set' a tor Sumuof was polished. aoholarly aud elegant; but Die execrable lute of interpolating in an obituary a partisan diatribe chilled (lie heart* of lli? lover* 01 the Union who were present , ?u'J elicito't from one of the wont prominent of the New Koglaud Scnatorflfthe exprosnion thul he would not have made the speech for hi* Henaiorial office. MILEAGE op MKMRKR* OP CONlilCKSP. Comptroller Whittlesey lias given au opinion tint un der the pre^i-nt law. tn?mb<rs of Cougrens are en 'itled to receive only I wo mileages during twli Congrca--, cwweqiienlly mil ?-uge having been paid for tho extra session. it will hare to be omitted either far this sef 'Oil or for the next. The Clerk of ilie House h.ia determined to give to tbe members of the House thn choice whether to receive their eee.ond nirleago at U1I3 Marion or the next. The Secretary of the Senate has not yet decided what Jiu will do ,n the mailer. IWATHS IN TITE AIIMV. Th< follow iug deuilig of soldleri: are reported ? ti. W. (jiat, Company t. First Pennsylvania. John I !'?> lor. Company I, Kiret Pennsylvania. William lluulai), Company C, Kirst Poniwylvania MilUio Brandt, Company A, Kitty third Pennaylvauia. ,t. H. KUcheu, Company K, Kifiy second Pennsylvania. lia\ ill Kooyler, Company I, Thirty-sixtk Pennsylvania, .lo-.jpli i^cjiaefler. Company A. I'l-'ih Pennsylvania. John H. Decker, Company I. Fit ?t Mi' higan. .lohn A. Hull. < ompnny C, Klght.h Mi:higau. 8. W liurioll Conipii'iv * Sixth Winouutiin. f?. W. Bean, Company Seventh Wisconsin. Ale \,t uiU*r iimirttl, Company A, ('ochre lieV, Chasseurs, ?lames iMdge. Company H.Sexenth New York. Kratur, Company Twentieth New Yorli. Ji bn R. Thomburg, Company I), Fitteenth Judiana. NEW RA1I.KOAD ARllAWiEMKNTV. The expreh* trains from New York to Washington in many instances fa.il to make connect ions, owing to tlie train.-1 being overloaded with roci nil*. To obviate future diftii nlty, Mr. t '*Ui< Id, manager of th< governments rail i road: , lias made arrangement" for a through train from t New York overv twenty four hours for recruit -, who will ' not be permitted to occupy tbe express train. ? MATRIMONIAL. | The wedding of i Apia r: i int'irs Griffin, Second artillery, I to Mias Carroll, a beautiful ;(nd accomplished daughter of i 1. 10 Clerk of llie Supreme Court, in the great leatnro of ; tbe evening. Captaiu CrilDn is a genera! favorite. Among ? the large company in all eadance were the 1'rerideut and j Mrr. Uncoln, (Veu. and Urr. McClellan, several memberB | of tb'i Cabinet anil foreign dignitaries, and a by ft of navy 1 ifll-erts and distingni-diert civilian*. H v,;is ones of tbo moat brilliant a^remolagi s ever witnessed in WafcU IingUm. LrT*RA*y. A pamphlet, wri'ten by >lr. Kllot, who ba-- figured ex I Pensively ?B a civil engineer. <rn- to-dfty placed upon tbe j table of each member of Congiv ,*. It contains a violent ( nvgn ill ujK>n General McCleilan, but it? scurrility uiid evi | dei i malico excited only disguM and indignation. i VIOP. CONSCI. Oi' THE BEPCBMC Of CUll.R. | ibe l'r?*ideot Uiw recoguired Pedro Pablo Orfez a? Vice j i oumil ol the republic of Chile for tbe port of New York NEW APPOINTMENTS. | A number of appointment* inadt during i he recess of | Ojngre^f hive been sent to tbe Senate for c-jnBrini'tion. THB MORGAN TENT. I ,Iohn McClane, of Ven York, hai iaceeedcd in intre dacing to the government the new Morgan tent, and orders have been given for manufacturing them. POCKET PICKING. A. A. Johnson , brother of ex-Governor Johnson, of 1'eocsj lrania, had big pocket picked this afternoon, at tbe rnllroad station, oftwo ifovrammt drifti? one for t-'i.O'iO .-lid tbe other for $l,SOU; a chn.k eu a back in Pittsburg for (3,000, atu |SCC in caib. NEW JAJI, IN W A?aiN'arON. Hon. Charlea K. Train, Chairman of tho Committee on Public Hulldi/ige will, at an early day, introduce a bil! for th" conBtructlon of a new jail in Waaliington. PKOCEEDINGS OF CONGRESS. TIIHIT Y-8BVK NTH CO\CnESS. URW HKf-PiON. Senate. WAkm.N<n?K. Dec. 10, lWl. ms EMANCIPATION i|OR *I.>v. M< fi'S. Fssswin**, (rep.; oi" Me., an I .-i;iiMin (rep.) of pre3iat?<J peiilione 'Or tbe ' a of aitves mjdor the war power. ?lUV RUPIIF HP CT'CHT Mr. SrvMtB prtfODted a petition FraCklE A T'tfl way, uotting forth that lit had tome time ago presented complaints to the Supreme Court against Jell. UavtB and otherti, but wnc told ihoy were Improper papers, afler li? hud noseuted the complaint to tho magistrate 'a court , hut with to effect. Referred to the Committee on Judi ciary. Wool UTION H)K TltK EXTfUlOK OF SKN.VP1R WAUPO P. JOIIS 80V. Mr. Foot, (rep.) of Vt., oflered a resolution that Waldo P. Johwon, by sympathizing with and participating in tho rebellion against tho Vnitod Stales hud boon guilty of conduct Incompatible with his duty nsSonatorof the l"nited Statee, and (hit he bo therefore expelled from the Snnato of tho United states, which was laid over. HAVwKvr of coMHMOONaim. Mr. V.'ii>on, Crop.) of Hart,, introduced a joint resolu tion to provide tor tiio payment of tlioUomuilssionerswljo w o i * appointed to investigate the claims of the Western Military Department. Referred to tho Coinmittoe on l i nau?e. ir 'lUTORT FOIt Tit* . RlTI KlfKNT OF FP.KK SI tiiRORP. Mr. lUautn, (rep.) 01 Iowa, Introduced a bill to autho rize tho I'rt atUtent to acquire torritorv for the settlement of t ree persona of African descent. Referred to the Com ml Wee on Vubllc l<ands. ItfOIKI ANIZ.VIION OK T.IR XKnn Al. IHCTAKTMERr Of TIIB AKKV. Mr, W)i>?N Introduced a bill for the reorganization of the Medical Department of the army, which wan inferred to tho Oomialttee on Military Affairs. ranmuMiATii'N or Tttt mMtvr jrutciAt. hyktbm. Mr Hai k, (rep.) of X. H. , called up tho rendu liou of fered yesterday, that tlie Committee on Judiciary be iu s r iu-t"d to inquire into tho expediency of abolishing ? Ko pr s lit ji ?J.vlal > t id of | he I ntlei! state* anil em a 1>1 Mb iDg anothfr, in j>ursuitnce of tho constitution, and it was agreed to. t'RoTWHON OK OVKII1 iM> KSH1HAMP. Mr. Xtsmru, (opp.) of Oregon, introduced a bill to pro vidi for t Lib promotion of ovoiiRtid emigrants to Califor nia and Oregon. Referred to the Cuinmiltcu ou Terr i to rits. 11IK ?AI K OK M-IIIITt'OllN lJQCOM. Mr. Harris, (rep.) of V. Y. . introduced a bill relative to the ale of spirituous liquors la the I'i-trict of Colum bla. I ho lull in desieiied to ronder more operative the bill passed Ian summer, end provides for trial by any justice of tho peace. Jt was referred to tho Committee on Jud ieiary. TWfl'IM' Nltul 10 TIIK MUXORT Or 11IE I IT* SRNATOIt IIINIIIIAW. Mr . i iia.viu ki:, (rep.) ot Mich. . Himoiinced the death of Hon. Kinsley H ilingham, late Senator from Michigan, and iravo a briof Hkotoh of the hie ol" the late Senator. Mo went to Michigan in the early history of the State from New Yoik. and soon became a favorite of the people, being elected Governor of Michigan in is.">4, a,'ain in 1HW, and soon after to the s- nato of tho i'nited States. In the Senate the deceased was well known for the purity of his life, souud judgment and (likluy to the country. Mr. CiUNBUtK oil'.' rod the c iptoinary resolution, that the Senate go into mourning thirty days and do now ad Journ. Mr. Kitto, (rep.) of N. Y. , said he rose to pay ? tribute to a wise and good statesman and a true man. Mo was ? genu no specimen of the ritliris of free government, and was always devoted to his country with his wholo heart. Mr. Clark, (rep ) of N. 11. , spoke of the de id Senator a* a true and conscientious uian, whose iruo nient wns know n only to his fr ien ts, and was always true to his country and tirm and unwaverii g In tliu di> charge of his doty. Mr Si'MKtit paid a tribute of worth and excellence to the He, , nurd, say ing that the Senator was Arm for i igbt and agi in i oopri ion and ? rong. Ill was one of those beautiful natures where Cod Jollied tho mildest manners to the bravet t mind. Ho was always opposed to slavery, an I any compromise with evil. Such a Senator is ill-spared ai inch an hour as the present? though he htill lives by example. I hose who knew him here,. and in tho Siato mat loved him well, clien-hrd his memory with att'eo tionate pride. The j asolntior was agreed to, and the .Senate adjourned. Ilomc of K?pi'eiii'iiUtlvra. Wa-uimutok, Dec. 10, 1 86 1 Mr. Rom?k L. CoxKmc, (rep.) of N. V., ofl'urcd n resolution, which w.rt adopted, requeuing tho Attorney fiencwiltoreporl liis viows ns to the nioaus of obtaining a retrocession of that purl of Virginia formerly belonging to tho iiistrict of Columbia. A UO?ft9nr.4D HIT I.. Mr. l\m?t, (rep.) of Wjs., from the Committee on Publics Lands, reported a bill providing homesteads to actual BKtll'TM, arnl providinj h bounty for soldiers In lienor Kraut* of public Isnds. Ho explained that (be homotiU-ad feature of this bill wan heretofore passed; but there in an addition that all soldiers, martaos and t 'Urac n shall bo entitled to tbe provisions of this act. It ulst contains a taction giving a bounty of |30 to the three months' volunteers. The further consideration of the bill wk postponed lilt W ednesday week. thk rsqimv mo me oo.ndc* r at tu? w*ii. The House concurred in the resolution from the Senate for tbe joint committee to inquire In'o the conduct of the present war, with power to send for perrons and pa|<ers. ins mmms" to* of lira watr <n iijrki.i oonpi'f. Mr. 1'c.dlkt.k, (opp. i of Olilo, n ored i hat the memo rial of Messrs. Howard, Cslchell and Dai w be referred bark to the Committee on Judiciary , with instruction* declaring that Congre s alone ha* the p' wer, under the constitution, to suspend the prinle(? ot the writ of habeas corpus. Mr. Pendleton au.d ?Mr -'puak.ir? ITiese memorialists are member* of the Hoard of I'olice of the j city of Baltimore. On Ihe first day m July h*t. at tbodead hour ol' night, they were arrested and convoyed to Fort Me, Henry by n deUcnment or t'niteJ Ktate^ soldiers under ' the command of General ltat,k*. Jhey were in tho per | forin.moe of the duty assigned to them by the law,* of their Slat". The p.?,;e of the city of Baltimore 1 was then unbroken. The federal courts were In full operation within her limit*. Judge*, Mar t-bat and tho District Attorney were in the exercise of (heir accustomed functions. The process of tho courts, If I am correctly informed, bad not been interfered with, except in ono memorable instance, and then by tho authority o." the President of the United Status iiinifolf. These gentlemen were arrested without u warrant. Thty h ive been detained without an indict ment. They are deprived of their liberty w ithoul pro cess of law. They have not been confroute.1 with their areas -rs;. They are not informed of tho nature of the H'T.umii ion amnion them, lhey have beon denied tho right to* speedy ?nd public trial by an impartial Jury. The President, ot urn Uuieu 1 Plates, in bis Me u^e to this Hoy.so, in response to a resolution of it, ha? declined to furnish the grounds for i heir arrest. l?n ihe very same day when ho did *0, while their petition for retires* of a Rrei grievance wit* pnurilag before the lloitm, the President bail tbeio conteyed oat of the district and i-late. in which they had been arrested and wh?re, if at. nil. (hoy had committed the c^rne, first to Fort Ijn.iyine and then to Fort Wanun. Tiiey are arbitrarily hold by military | tower. They are entirely belpiesF. Tbe> have presented their memorial to Congress . asking tbatCongrchs may examine their ca-.e or that it may b. remitted to the judicial tribunal, to be i legally heard and determined, and my colleagues on ihe .Jud.nrtri . 'ommlttee < an littd no more fitting re? pari0'- to a reasonable request like this than that this respect! ul j petition shall lie unanswered on this table. The writ of halras ctrpus was invented f..r tho purpose of meeting the exi- >urie.; of Just, such a <-^o as this. It commands that the body of a prisoner shall bo produced, that the cau?e or hi commitment may h i inqurred into, and that, ho may be discharged if he is Illegally held, or remanded If he ih lieid l.y competent authority on a charge ol' crime. These freutlemen would ha\o been glad to avail themselves of this wiit which the President commanded It in (; oner at to suspend and to hold lU<m at his on n solo will and pleasure. Tho President, in his Message at lha extra session of Con gress. gave us hi* reason for his action in the matter. He says ? 1 "/have authorized thai the writ of In baas corpus be suspended," and before be did so he talked < ontsid.'rably of his right and the proprlct> of doing so. The privilege conferred by the habeas corpus is to m-ti tnti sud command an Inquiry as to whether a person is held by competent authority under a charge of crime. If a person is so held bo is remanded, and if ho |k not he is ditchaigtd. That provision of the habeas corpus act has never been Invaded by tie executive power of the government till now. Sit', the object of this suspension and tbe offect also of it IS to pi event, inquiries iuto tbe legitimated!** of ihe ImpriKtoiu'-nt under military (tower. The objo< t of this evasion of tbe grent ( barter of libert y is to enable military otltcer: or others who have like power to arrest and in prison ne n, tin igh they hjve committed no crime agamet ihe laws ot thoiaod.and to p ioi h them, not as j th Iiw pre. Critics, b.it ,u ? hatever way those who ha-. e the power may ordain. If 1 rip bily couatrue the Ue ago j of tho Pre I'ient, h1' claims authority to utit", to hold a: d . detain all persons not ei!L'ag"d in th<? land or nival 1 force?, not men engaged in enterprise* against the gov , eminent, but all pcrhons uliom he inn> suspect, and to ) Imprison them without regard to th provisions or pro ce?n of l?w. The President further claims tha authority of the constitution, of which it is n comptet : violation, to arr tt*Lo^\er in bis judgment he may think proper. The Pre dent sajs his authority In derived by implication, and because, I sup. pose, be uitems it inconvenient to havt tbe right to su; I>end ihe writ of habeas corpus vested in Congress niono. New, the only c.'ause which refers to the suli)eet i.- one which provides (hat tho writ of habeas corp. if si.^u never be su"pcnded except iu e.'Scsof rebellion o 'ion. '-r under circumstan- eK ?h<n the public safely de man. is I. Tl'i? is undoubtedly the only implication th.it can ba derivdU anlhorining tho susp 'ugion ef the writ of I habere corp;ir. Wlto shall busjiend it? l'l.at is the ones t'on. It i ? not vested in tlie Kxecutive exclusively, nnr iaf re-r f. j exclusively, but in ai! the depsi tmeutu of tbf gortitmt)' nt. I fiiint that under the art jtrary ru'o Of Ka^abctb, of KugiMid. at d Out ir.g t'uo e.nv part of tho roign of Chat ire tne F ret it *4 exercised by tb-se motiai. I, I t i v rompe'led, u.i tho price of hif :ln . r.c >o n ? ? i,i tcj ihe. i of Rights, by which he bound bin ;!o\erto ! i r.risca a. man without dun process of uw, Charles il 'not stand lr:i inter prcution of tho an. . nt b.'r t? r yoars vi "it^ve vritL iiis pee,p.? he lo'?! Ui? throne and his Jilo as the penalty of bM lufructlon or It. lli* successor tried all moans and every kind o1 sehetna to retain this arbitrary power whi.-.h was at lukt. swept nway forever by the gi oat ehai ter. We are told by the eminent historian Mactulay that Charles II. .ought in repeal the habeas corpus act, for (hit lie haled ii as rnly tyrants can hale whatever stands between tliein ut.d their own d.spotlo wills. Ami this habeas corpuh not was the uiott stringent curb ever Imposed by n Legia latino on tyranny. When William and Mary came to theihronu tlmy ducl.-iTi'd that tho Crown did not |K>SMit? the power of su| lending the writ of h:ibe<i' corpus, and from (hat hour to thl?,one huulred years b-loro tho adojtum of ti e c-.n.ilitution of the Hulled .-tut l.'ngJand h id no monarch during nil her foreign war < and intestine troubles, wayward und wiok-'d enough though some of them wore, who dared to st apetid the writ of habeas cor pus, or whoever clainn I iliat tboy hud the power to Im pri'uiu a i ll izcii without due pr< cess of law. All history to which I have had ucc?>s c.mll i ins th view of tliu ca o. Iltitne and Maenulay claim this right as tho prin cipal in the gre it sinim roof the l.'oglish const. 1 Lotion. Hut here, a> 'cording to tb novel theory of government, t e President may suspend tlin con ? itutlon and tin' laws ol i tin I nitrd Stat' a mado under it . lb* may, us it ih claimed , t!o u I this, supersede them all, diMoarding lbo limitation enjoined for tbn exercise ol Ins p. orouu fives. He may ubo ish all the laws of tin* laud, and sub Htltute In their |ilaco his own w ill, ilo may abolish tha whole system of government built up an t be ;iientli*d to n. by our revolutionary falh s, and ho muy liultd up .or himself a new und entiioiy difl'teut Hjuti ui. Ah this h? may do, it is claimed, rightfully, legitimately an 1 w ilhout interference. I hold this ussumod i aitlon is <int?!iablo and indeieuiuble ; that there Ik m> warrant for it In tha eoiwtltutli.il, or in the priiici/e", whcliuu.l. rliotli ?? theory of our government, nor iu ihe reu.us of the ..iiiti'ioan p.op'.o, nor rn the spirit of lit. crtv which in th- botudof our institutions. Such a proposition will d> Iroy the law, as it is atterly luccn.'iiteui with the lu,. it will reduco this nation, if deliborately adi (.led a* the theory of govn.uinjiil, to the conditi >n of <.'iiMiy, und I nay that any nation that will willingly ub>j?t it in lost to all sense of manly Independence, Is lost to the ap preciation of Its own dignity and national right? and for tbem the yoke of the h'.iu e is the only fill lot,' emhiiun Wo are told, iu defeuce oi this theory, that It would not e\iut only in cases of rebellion against the government. VVe are alga told that it wat not intended that tho o >n: titu tion of the Ignited Statos .lioiild be operetire :.i tunc of civ il war. Our fathers hoped Hint civil war might never hetall us, but they knew human nature too well to ex pect that wo should for ever enjoy profound repose. 1'hcy bad freed themselves from lbo yoke ol oppres sion, they had successfully conquered enemies with out und lories within, uud limn they formed * constitutional government, ro< agnizing in th?in ilea honesty and good souse w hich m u ltx the patilot. Is it to bo supi?)sed that they would adopt a constitutional government lo be operative only tn time of poace,aud t hat that constitution should ho s.tpeiModcd whenever discord or war would present an opportunity to set it a i le and substitute for it the wiil of nilliKm |*>'vr? The constitution gives to tho several de)iartmeuts ol the go vernmenl all the pow. r ever Inlouded to bo used fur any purpose. If the laws of tha United Slates are too lenient, they may be maalo more stringent. If .ludnotj are imbecile, let tnem be impo died. I.el t ho whole- ma chinerv of government be revi-ed and Improved, if you wi'l; but whoever goes beyond that to support the govern ruenl , would doBlroy thoc.onstitutionin^ir the pretence of preserving them The government l.a?io right to tireiik liown the constitution to uphold Itself It never was in tended for a moment that the constitution ' n 'or t ny oir c.um.tama ' should I. e superseded lbo i'resMcut hohla ollice under the constitution, you fit th are under it. tha Judjes sit and pass jndgiii' nt in virtue of lbo provisiona oi thut i.istrmueiit alonu, and if you supersede it, neither you, nor tb? Judges, n >r the President himself, pos' sa any mora (Kiwcr th:.n the humblest m m in the iuud. Su I o sedo tho constitution! You might as well try to it;. |miu1 all laws for the guidance of socieiy, and let the na tion go adrift to ruin ut one/*. Tbo only way to preserve the government is to preserve tho constitution, toob se; ve Its iimllation and to oliey its prohibitions. Whoa iht constitution fall-', then Indeed IU" government lulls. This is not the way to presorve governments. Ambition make* iti own opportunity , aud under this sy?* teni of superseding the constitution In timeaof public cu'anilty, tho public mind will beeume degrade<l, tbo people on every fresh occasion for the exercise of this power will yield still a little moro to those euoronchineuta, till the public will will bo dqplroyed, tho public intellect warped, tho national character tarnished and the national life of tilmrty and Independence overthrown. Tbey will become the plaything of every tyrant, and each succes sive invnsion of their rights win bo tamely submitted to ?mill all appreciation of independence unu rights and freedom in forever lost. It in vain to say that this iK an idlo dream?th# realization of the fact ib i before us. Si* mont Us ago, when tiio habeas I corpus art wait lust tOSptnded in thu case o( Mominau, who win held on a cbargo of troison, tho public mind was intent ly excited. Now what in till fact? Citizen* are committed and Imprisoned because in tho public r)0v?siiai>erH they daro criticise tho acts of tho government. Newspapers have been suspended, and tho whole power of tho government despotically exercised without a public murmur. We are toid also that when this public danger ihall have palled away tli> constitu tion will bo restored to its preetino vigor, and people w ,11 be allowed to r<\ 11 n? I heir accustomed Ubwty. Wbo*i wm this fvr so? When wore < i?f in \ .'"led tnu rostricteii right* ol' a nooplo over rcztortd to fhuir exact jiosltion except by tho sworJf \Yli?n was liberty ccco surrca <Ie,*d ever restored except by b' ? >d? For the wllfUl sur render of their rlgbi* no nation ever res umvi them mil y througl tlio ngoM s of a revolution, and you cannot luako u nation sonsible of rights t hnt in turns of uasger poMe.csc.l to rignt You I'ini.o increase nud ct >ngtbou vlrtn? and courage and pot ieuet in a people by lew htnp th m thai, In timet) ?f g-e.it pittite. ca'wiiify and d.in^er to ths State, tbey must rely lor their aatet.y, not on tholr own virtue and courage and constancy ,but en tho .'ower and good will of th iir r iler?. No free nation ought ever li*t.'U far a moment to the arguments of St.ite necessity, Th? history of those people v.'h'i havo beci so deceived it written in t he wreck of freo institutions. It Is; marked with wrongs, with lilgh hope* drstrnyel and nohle nej iratloua vhilateo and trampled upon. If we look over th.' | uhw.iy of desolation thu* ex[>os?d to view, w * ayoasily i naglue that we see th? spirit of Atnerl' ?u r ulependei m and American freo lom hovering over this day, tearfully pray ing it too may not In; added to the lorn list of victims immolated on the altar of 8tate necessity, This argu ment of State necessity always proceed* from the Kxeeu tivejKiwcr. It i* tho voice which issue* from the throno itself, and unlsaa speedily answered, unless answered now , ere long comes the mandate to surrender to mili tary power. Au imperial throne riees on the ruin* of an overthrown republic; oath* are violated, liberties swept away, rights trampled on, and a nation is prostrated in the dust. Th!" is but the familiar picture whirl) presents the dire eflW't of a people submitting to the plea of guts necesritr. We are farther told that in times .if gro.t pub lie danger the people ought to sustain the hands of their rulers by routidlng in their integrity of motive* tod disinterestedness of action. yes, air, 1 would gust* in them with the public confMenoe while they a llu red to the provisions and principles of the constitution , hut 1 would partly** them, sir, with distrust whenever they commencsd the work of usurpation, it was Demosthe ne\ in his divine phiiilpio, who told the Athenian* that the .surest defence of a freo people against tyrant* wo* distinct. The Athenians did not heed bis warning, and from that hour to this Grecian independence and Ore c an I lih-rty have been but n name. William. Prince of Orange, wmely taught the ,?;im ? lesson to the Ditch when Philip of Spain asked their conlldfnca In his administration, and they wisely heeded the les son, and thu immortal glories which clustered lor two hundred years around the Dutch republic testifies to the truthfulness of tho axiom, f. Bir,si>eak not in behalf of the memorialists ? upright and honest men as they are, an ii unjustly deprived of their liberty as I know them to be ? I s|>euk in behalf of ths constitution , I speak in behalf of the liberties of tho na tiou. I speak In bolmlf of my constituent*, 1 speak in behalf of tuysclf and in beha.r of you, my colleagues, on this floor. And I say here that, llio proposition that tho I 'res Idem hns tho power to suspond-lhe writ Of the habeas corpus, arbitrarily and without reason, without regard to tho principles and provisions and proce.48 of law to detail* the citizen of any portion of this country, is utterly and entirely Indefensible. Ard I lurther say that it becomes every member of this House, In virtue of his oath taken 1l< to before the t riiiuno Of the people, to suppoi t ami prti serve the constitution, atid in virtue of tho position wn hold here to support 1 he framework of the government, and us representatives of the people, solemnly , in the feco of heaven anil of cur responsibilities, to protest againkt it. Mr. Bixumam, (rep.) of Ohio, replied that all his colleague hadjust said, or could s?y, bad been fully and satisfactorily answered by the argument of th* Attorney General, here tofore submitted. Notw ithstanding the ability cf his col league, he (I'endlclon) had not been ahlo to disguise tho fa-t that the time has come contemplated by the words of the constitution for tuspending the writ of hub?*s corpis. It 'vn? Important that gome powe/? sho ,id do so. 'i'h.s conceded, thou his colleague'! argument destroyed itself. It implied a censure on tills House in not discharging the duty long ago required by; the oath which they liad all taken to S'ipport the constl. tut ion. His colleague's posit i< n was, that Congress alori^ tan suspend the writ, while conceding the time has coins i lor itssuspeosion. When rebellion lifted up its h ad over * ' large portion of this republic and essayed to *nak? down the pill*' lof the constitution and dronch the lan>l in fraternal b'.ixid, it?us no time to be splittinir hairn a to whether Congress or tbe President should first ex erclse the power. Did hi*) colleague contemplate a gout) ral jail delivery, or v. h to oonflnc h.s Bympaibies t^? die rebels and ere ? r,r:it."i ' of the city of lluUlmore? Had he ro sympathy for those confined in the old Cap loiy Wh) sheuld they not also bo dl charged? turning his collBii^ut's i>os-i ion to bo right, the coa* elusion results th it his colleague was derelict in duty in not moving a - ispeuslonof the writ, in socordaucw with th# oath lie tv.i i w?i u t<> inaiutaln, protect an<l d*. fonu thu constitution, l lie Uw's aro to be exi-o jted. but not only executed by fore, but by the sword, against thS p. ,\ ?ts of rebellion. It <Hd not lio In tho months of thn memoiia'Ms to claiwi tho bn it of th.' constitution.' every provision of wbl b th' y lis I trampled under foot. On motl'ii of Mr. ib.Nciujit, the whole aui;?cl \sjs b:e^-~108 again.' 1 21. A me received fr .m the. Fina'c, annoantihf the death of Hcnatoi tilnghun, of Michigan. Eulogies woro delivered by Messr*. Tteaman, Tiow bridge sud Gratis r, of Jlr.Mgtj; Ki. :.'ed,-v i.i., of ;.v.w York, ai:d Mr. A t;fOh:o. TL< usual i t-. ului. . i of cesyt^t were whieh th' Hon?'; adjourned. MUTTaR? AFFAIRS IN KE.VTTCKy. Hi frtiiu- K;.,Dcc. Geti'.ru' Jtoii'"o9er lias cot ?dv*oc?l uorth of tl o c .n< bt; .and river, ea ;cpc, ?i. Oeuc.ol f t-w.il hM v.'ithj dinvrs to Set r,er?-"t -jjJ )h>;f ?*#ll? TC