Evening Star Newspaper, December 23, 1864, Page 1

ert * SOLOMON Pree ations. Pls. ‘ 332 PENNSYLY.. ® respectfally annonace that thei HOLIDAY BTOOK in Teady for inspection ; consisting of BOOES, elegantly illustrated. both AMERICAN AND FORBIGN, im the most superd styles of binding. PHOTOGRAPH ALBUMS, im Over one hundred varieties, BIBLES, PEAYEBE BOOKS, HYMN BOOKS, eferéry denomination, in the varieus styles of Dinding, &c., &e, Ipadditicn to their uetally varied assortm: at ef Goods, they have IMPORTED DIRECT FROM PARIS, &@ most recherche stock of @ENAMENTAL FANCY GOODS Which are on view in TNEIR ROOMS OVER THE STORE, embracing atuperb collection of ARTICLES OF VERTU, to which the attention of Connoisseurs Se invited, GOLD AND SILVER PENS AND PENOIL CASES. RUBBER PEN AND PENCIL CASES, GOLD MOUNTED, CHESS AND BACKGAMMON BOARDS, WRITING DESES IN GREAT VARIBTY, PORTE MONNALBS FOR LADIBS’ AND GRY. TLEMEN. DIARIES, PORTE- FOLIOS, DRESSING CASES. TOURISTS’ CASES, OABKETS, WORK BOXES, WANOY INKSTANDS, CIGAR STANDS, ODOR BOXES, JEWEL CASES, &o., &e., &e., METROPOLITAN BOOKSTORE. NO.332 PENNSYLVANIA AVENUE, Between Ninth and Tenth etresta, deto-tf WASHINGTON, yes GOODS AND TOYS. I beg leave to inform the citizens of Georgetown and Wasbington that my HOLIDAY GOOD3 arg now ready for examination. The assortment is omplete, and goods of the choicest quality, They eousiet of ANNUALS, the POSTS, BIBLES, PRAYER, and HYMN BOOK3, in the finest bind- ings; PHOTOGRAPH ALBUMS, WRITING DESKS, and WORK BOXES, of rosewood and papier mache, inlaid io the most eleborate manger with pearl and German silver; together with JEWELRY, GLOVE snd PERFUME BOXES, WATCH and CARD CA8BS, snd a fall line of the finest SPEAKING aad CRYING DOLLS, DOLL LEADS. and TOYS, to be found in the market. My assortment of the American Cast Iron Toys is believed to be the most complete to be fuund im the District, embr..cing every kind made Please call and examine my n’ock before pur- ebaring elsewhere. G. CRANDSLL, 205." HERE I8 NOTHING LIKE LOOKING AROUN) WHEN YOU WANT TO BUY A HOLIDAY PRESENT, And ¥ Pil :0n are looking take a look at RUSSELL'S BOOKSTORB, 525 7th street. near Pennsylvania avenue, And see the af se id, Bich-at, and ne: f PLOTOGRAPH ALBUMS, WRITING DESKS, Ladies’ Workboxes and Dressing Oases, Gentie- men’s Dressing Cares, Ladits’ Companions; the Poets in time bindivg, GOLD PENS AND PENCILS, PENENIVES, ci Cases, Books im best binding, &c. Mak «fer for the article you want, and you abalh bave it without regard nt. @ are orlong everstyine te Vrnec rhs cheaper than any ce ememhe viseo inthe city RUSSELL'S BOOKSTORE, 7th street, betwecn Penn. xvenue and D street, Under Avenue House, P. 8.—Just received a fire colection of Cnil- dren's Books, Building 3locks, Lill’s Hlocka of & BC Game. kc. dee 14 dtJaal Cr: RUPPERT’S TEMPLE OF FANCY, No. 52% h stgeet, between D and B, Importer of sll kinds of new TOYS and FANCY GOODS ads pted for Christmas Presents, DOLLS OF EVERY DESCRIPTION. A great variety of PORTMONAIFS. CARD CASES, WORKSTANDS. BASKETS, PERFUMBRY, from the hes? factories. WRITING DESHS, WORK BOXE3, sud CABAS, GAMES, CHESS, BACEKEGAMMON BOARDS, CHINA VASES, ORNAMENTS, MASES, HO¥sY HORSES, Ladiea who wish to avoid the usual crowd are cerially lnvited to make ther selections as early as convenient. decid iw ((HRISTMAS 13 COMING. Will open to dayaf Morning keotch, ed and an’ kerchiefs, embroilered Collars, ©. Pilk Searfa amd Scarf Ribbons, to- peassortment of Zephyr and Wool- utif’l newastyleof Hair Nets and vith an assortment of 8’ HATS, fleeves, gether #u Gaoda, Head-dre LADIES’ AND MIS: trimmed and untrimmed, ane, 8 large assortment of tine Faney Goods, La Werk Kexes, Writing Desks, Satchels, Porimonaies. Toilet Articles. &¢ . Ac Tegetber with a fine assortment of TOYS of all kirds, with mapy other articles suitable for pres- enta verybody and got your supply from Come everybody a SBWELL'S Cheap Bore 302 B street near lath. pot for Boswell & Warner's Colorific the bair de 19-iw ‘ SSELL'S ROOKSTORE Qo nn be ere Yo t ta aui in stye and py Goudssuttable for presents to members of the Shure Catholic Church. seventh street wert, near dee l4-tyan © Peausylvaniaavenne. NOTICE TO THB POBLIO. We would inform our customers and the public generally that we have now op hand at our LARGE FURNITURE ESTABLISHMENT avery exiensive and general assortment of fine and medium quajity FURNITU GILT MIRRORS, &e., that we can sell at great bargsins, Persons in wantof FURNITURE and HOUSER BEPING GOODS will do well to call and exanine our stock at No 630 7th street, between Louisiana avenue and D “Shim __ Mc@REGOR & ZIMMERMAN re NEW LOOT AND SHUB BTORS. OHA8. B. BAYLY & ©O. 27S PennsyiLvaNis svENTs. Bet. iith and 12th sts., near the Kirkwood House Would respectfully inform their Friends aad the Public, that they will open On MON DAY, October 17, 1064, A fine and new assortment of GENTLEMBN, MISSB8, BOYS, AND ILDREY _ BOOTS AND SHOES, made iG the Latest and most Fashionable style, We will sei) at reasonable prices, and hope, by triet attention aad integrity, to merit afairsbar of the Publie patronage. Particular attention has bee paid to the Ladies Depertmeat of the business, and we can safely beast of one of the finest assurtment of LADIBS’ BOOTS AND BHOBS in the city, CHAS. B BAYLY & 00. oc l4-tf No, 27 Pons. av., bet. ith and ith ste A — ight oe was prevent Also. ove top RB Prige $92. Also, one strona top Wal prise Sho. At J JOURVENA Bele ma sereer ohh ne B streeis. Gap’ "OR THE | —— Se Lh beng o, XXIV. AMUSEMENTS, CANTERBURY HALL. a*S"E, SOMUTRRSURY HALE ru Pun ANTERBURY Sith R Bay Corner of streas, 5 iad National and Lovrsiama AVEEUR, Lovis BsoLLosy___.__.____. ._. ___. Ballet Master Joun Eoputa____ ____.___._.__ Musical Director TONIGHT, aRD NIGHT THIS WEEK, NIGHT THIS WEEK, NIGHT Tuls WEBK, HUICHINSON’S know'edged by the pressof Europe to be the fost beautiful and fintehed vi NINE PBKFCKMERS CaniNE PERFORMERS GaNIN® PSKFORWERS ented te the public, ever pi Re-engsgement of TONY PASTOR, TONY PABTOR, TUNY PaSTOR, TONY PASTOR, TURY PASTOR, TONY PASTOR, TONY PABTOR, TONY PASTOR, THEONLY COMIO SINGBR To ONLY COMBO SINGER THE ONLY UOMIU BINGE of the day will sing all MAD, TAGLIONI, MAD, TAGLIONL, MAD. TAGLIONI, MA @ARIBALDI, MaN GARIBALDI, MA. GaBlBALDI, GIRL S8ED IN BLUE, GIRL BSED IN BLURB, @IRL ED IN BLUB, ONE OF HOME GUARD, ONE OF HOME GUARD, ONE OF THE HUME GUARL, THE JOOREY, HURDLE RACING, THE JOGREY. HURDLM RAGING, THE JUCKBY, HUROLE RACING, with innumerable OTHER PERFORMANCES OTHER PEKFORMANOBS OTHER PERFORMANCES never before exhibited in this country. HUTOHINSOR, HU CORINE sN; HUTOMnIn Sun, HUTUHINSUN, the greatest GYMNASTB F of the day, with the entire Star Company. Look out for our CHRISTMAS PANTOMIM CHRISTMAS PANTOMIM QHKIST™ AS PANTOMIM CHRISTM4S PaNTOMIM CHEISTMAS PANTOWIM CHHKISTMAS PANTOMIM CHRISTMAS PANTOMIM CHKIST MAB PANTOMIM Queers PANTOMIM HRISTMAS PANTOML CHRISTMAS PANTOMI IT WILL COST OVER $1,000, IT WILL Cost OVER $1,000, IT With COST OVER $1 000, If WILL Cost OVER $1,000, ALL NEW TRICK ALL NEW TRICE Ft ALE NEW TRICK 4 ALL NEW TRICE For ladiesevery SATURDAY AFTERNOON. BATUMDAY APT BHNUUN, ‘The greatest Danseuse of the world wil} appear in afew daya— M'LLE ANNRSTTI GALLETTI, WILE ANNETTE GALLBTTI WLLB ANNATIE GALLATII. | tf STARS EVERY WEEE, XBW STARS BVESY WE THOMPSON AND EBRENS, TEOMPSON AND KERWS, THOMPSON AND KBBNS, the two greatest BONG AND DANOB MEN BONG AND DANCE MBN ia the profession, will «hortly appear. TY AND WA Petpuant AND WARD: DALEHANTY AND WARD, TRE OHAMPION OL0G-DANOEES CHAMPION CLOG DANCERS of América; $1.00 cha'lenge always open b the above are the beat ia America, ON MONDAY’ (CHRISTMAS DAY,) BXPRA APTERNOON PERFORMANCE, * AVYERNOON tel ring ABTRENOON PERORMANGB, S9 WALP-PABT PWOPM. 4: SE LSS CEA LTE LEE, So ANION ED ETS +> AMUSEMENTS. FORD'S NEW- THEATER. Tenth strect, above Pennsylvania avenues. BENEFIT and last appearance but one of the distinguished American actrees, MRS. D. P. BOWERS. THIB EVENING, December 23. 1864. wit be siemens tei Clifton W. Tayleure’s successful pity C'LADY ISABEL OF RAST LYNNE. TO-MORROW, positively the last appearance of Mrs. D. P. Bow On MONDAY, Dec. 25 the popular Comedian, MR. FRANK DEEW, will Inangurate CHRISTMAS WEEK with his mirth- provoking delincations of + A ‘A; On. AN UNTAMED KOCKING HORSE, SOLON SHINGLE, ant CAMILLE. In rehearsal, * Rip Van Winkle,” ‘Acting Mad,’’ ‘Mons, Jacaucs,” White Horse of the Peppers,” €., &e. Cad hfs SRP ATER: Pennsylvanis Avenue, near Willard’s Hotel, gid BKENBFIT OF VESTVALS, sd Jen PRIDAy ey BRING: Decem er 23, 1 ohn Brougham’s grand romantic spectacular érawa of BEL DEMONIO. |” when will be presente! for the drst time in this city. with beautiful and appropriate «c-pery, thrilling efféc’s, superb faroitu re:5 pawertcl cast, bdrilliant effective music, and a grand ballet diver- lisement, LA FETE NEAPOLITAINS. arranged Mr. George Sheldon, ia which Misses Gavandre d Place, and am effective corps de ballet. will appear. “WBrevions to the play. MONS, PAUL MARTI- ABPTI will perform. for the iast time bt one, his great actef ZAMPILAERYSTAKION, The performases will conclude with a beautiful Gomnssie Dislayby Julian aud Phillippe Marti- pettie THE OXFORD HaLL oF MUSIC ANI PINACUTHECA, asp Ninth street, fronting on Pennsylvania avenue THE ONE! THE SOLE! THE ON 1 GREAT MAMMOTH INSTITUTE NEY for the jursishing of pure, legitimate, enjoyable aa pent ths first in the worlo | ree) Factions! i Every night thie weeny NO™ Stare i! MIRS KATHLEEN UO NEIL, MI88 KATHLEBN O'NEILL: MI8S KATHLEEN O'NBIL, ayy Ebe Great Ir:se Comic Voca ist, who will sing “That Young Gal from the Coun- try,”? “Biddy of Bligo.”’**No Irish Need Apply,” id twenty others. carefully seleeted from her in- ib! Psst appearance 0! TIM HAYES, TIM HAYES, _ TIM HAYES, Ohampion Birgle Clog Dancer of the world. whose challenge for $50) none have yet dared to Seceft a MARZATIT ana MONS ANTO: % L, an A INTO, The Grand Ballet Troupe. i and Forty other Performers, appear nightly forming The Combination pores of tho age. GRAND LADi ES’ MATINBE EVBRY SATURDAY. did-lw FOR THE TLOLIDAYS. P BESENTS FOR THE HOLIDAYS T, POTENTINI, No. 279 Pennsy!vania avenue, Bas the pl re te announce to his namersna friends and patrons, that he has just received the most superb and varied ascortm FOREIGN CON FEOTIONS, PRESERVES, &c., of bis own importatios, consisting 1m part of FRENCH CANDIES, GLACE, PRESERVES, BON BONS, &e. He would also ¢all special at: i ° orsened chrimectet saan eee _ FANCY CAKES, CANDIEG, &c. of his own mannofaeture, for which ehallenges competition in manufacture and deli of 4 PRIVATE PARTIES, OOMMITT ¥ Tespectiully requested to examine Orensed fxellities fer furnishing DINNERS, SUPPERS, &c..at the shortert porsible notice. to which he ness bis personal & p-rvision, having now a ‘ORPB OF COOKS AND WAITERS who are un- equalled in their line Parties wisbing to send presents of Cakes and Confectionery to their friends in the ARMY, COUNTRY, or elsewhere, can have their orders promptly flied. and immediately forwarded to tir des ination His popular RESTAURANT AND PRIVAT DINING ROOMS for ladies and geatienen wile ecntinved as heretofore, to which ha would re- epectfullr call the attention of Citizens and Stran gerr, whereatall es meals are served at a few Biiputes petice m the most recherche syle, dec 20 2w* FIGHT; NEW OHICKERI 8 Siitcurt PiaNus o © SON'S: Jost arrived and opened ‘o day for in- spection. Beauties fur boiidass, PIANOS, Made by 8. T. Gordon & +N 2 } PIANOS York, ; 9 bas 5 inet PIANOS made by William P, Einer- FINE sen, Four PIANOS made »y G. F, Guild & Go. Two PIANOB made by Hallet, Davis & Co. Four PIANOS made by I. & Q, Fischer & Co. One PIANO wade by A. H. Gale & Qo. Several good second-hand PIANOS, These are old and reliable makers, and we warraat ey’ry in- strum at we sell. O'd PIANOS taken in part payment for new, Liberal allowances for cash, Sole agent for8.D. & H W. Smith’s popular AMERICAN ORGANS and MELODEONS, Also, large stock for holidays, of Guitars, Flutes, Violins, Accordeons, Gift Music Books, Toy In struments, fine Piano Coversand Bivels, new Mu- sic, and every article to be found in the Music Dusiness, JOUN F, ELLIS, 306 Penn’a avenue, pear lth at, 306 do do do dei7-it 308 do do do BLzaanr HOLIDAY G[#Ts. v7} a ALBU MS in every variety and style Elegant Bound BOOKS. POETS.JUV BIBLES PRAY*R BOOKS, HYMN EB: WRI'ING DESKS, WORK BUN ES, CaSs&s. ‘ MOROCCO GOODS, CHILDREN'S GAMES, &c., c GOLD PENS AND PENCILS, FANCY STATION. KRY. forget to call at the Old Emporium, pesit iors BULPREAD & KILEY, de 15-20 Qorner 7th and D streets, err aete arly FOR THE HOLI- PHOTOGKArH ALBUMS, the greatest variety in this city. CARTES DE VISITE OF CELEBRITI Pisin and colored. OPEKA GLAS8E3%, FIBLD GLASSES, FINK GOLD SPEUPACLES, STERBOSCOPES AND Vik Ws, at the lowest pricks, at 2 FRANKLIN & OO., Opticians, 244 Pa. between i2th and Uth sta, and 345 Pa ay., Natiosa) Hotel Building, dec 20-(f T° THE CATHOLIv CIT)ZENS OF WASHING- TON, OTHEKS. ‘I have again returo-d from the Northern cities with the targest and finest stock of PRAYER BOOKS STATUARY, CROSSES, MEDALS, FINE i GRAVINGS. with aud without frames, ever of- ed in thin sity BOOKS ¥OR CHILDREN id a variety of other pdr coypo aoe oor of which will be sold at the lowest possible T ‘D. RUSSELL, rand Sta:ioner, Books _@ec 14-rjanl 525 Beventh etreet, Pat Be ota DOES DE STRASBURG 18 DE VEAU AUX PETITS POIs, he DE VEAU AUX TOMATES, Ris DE VEAU A L°OREILLE, ROE AU NATUREL, Por sale bv KING & BURCHELL, de 4-178 Vermont avenue-and (sth street REAT BARGAIN. a }. 190, We end ec, hewpan numer, Go, ‘DEN SYRUP, only $1.20 Best a.onhy $ TRRAN TS and RAISINS che ae 5 trey TS EaTRETLOOR | preg BPYCES. ati kinds Is Choice MINOE MEAT CeRB YD Ftd PRINT RUTTER oT Fresh FLA VORENG BXTRBAOTS i WHEAT and RYE WHISKEY pesee Thue, BaaN DIES aed SEGARS, waar em 8. BVANS. 427 9th ot , det, D mod B. doth 100" { 38 serie et a: Star. WASHINGTON. D. C. FRIDAY, DECEMBER 23. 1864. °, 3,687. TELEGRAPHIO NEWS. Ss THE WAR IN TENNESSEE. Nassvitzp, Dec. 22. —The are no official re- ports from the army. At last accounts Thomas was at Uolumbia. A portion of the rebel forces has crossed the Tiver and is proceeding southward. The entire country about Nashville is filled with deserters fromthe rebel army. Prisoners are cons:antly coming in, voluntary or other- wise Phe report that Hood crossed Duck Tiver with sixty-two guns is untrne. His ar- iillery was mostly lostat Franklin and at the battles before Nashville. The number of pieces left him on the retreat must have been jew. The ermy is represented by deserters and prieoners as in a most deplorable conii- tion. Their ntter extermination is probable. The weather here has been very cold since last nigMt. The river is seventeen fevt, and rising. All Quiet at the Front. ForTRESS Monroe, Dec. 21.—A severe rain etorm bas been prevailing Nere all day The mail steamer Webster, from City Point this afternoon, reports nothing new transpir- ing atthe front. Everywhere qa etalong the ines. ———__+-«+e- LOCAL NEWS. oe The Case of .L. C. Baker. CRIMINAL Court—Ar fore Judge Wylie. ‘The United States vs. Lafayette O. Baker: Indictment for false imprisonment. This isa prosecution for the incarceration of Dr. Stuart Gwynne, of Massachasetts, in the Gid Capitol prison, by Colcnel Baker, under substantially the following circumstan Certam frauds weresuspected in the Treasu- ary Department, fer the investigation of which atthe instanee of Mr. Secretary Chase, the Secretary of War detailed the prisoner, who is well known as tke chief of the detective corps. The name of Dr. Gwynne, the prose- cuting witness, does not appear to have been mentioned in connection with the proposed investigation. Colonel Baker suspected Dr. Gwynne, and, communicating his suspicions to the Solicitor of the Treasury, a conversa. sation between the latter and Colonel Baker eneved, as.to the purportof which the testi- mony is conflicting. Onone side it is alleged that Ksker declared that he would arrest Gwynne upon his own respensibility, and wanted no higher authority. On the other band, itis so Tendered as to show that the Solicitor gave him the necessarv autbority. It must be borne in mind that the Solicitor is the competent prosecuting agentot the Treasury Department. Baker proceededto arrest Dr. Gwynne with- out & warrant, detained him in his office, and then, in company with the Solicitor, opened bis bureao, and seized and examined his papers. After the examination of his private papers, the Solicitros, acting for his superior, the Secretary of the Treasury, issued an order for the imprisonment of Dr. Gy wane in the Old Capitol, where he remained for some thirty dsys. Finally, upon fuller examination, Dr. Gwynne was discharged, honorably acquitted of all complicity of the alleged frauds. The District Auorney was supported by Messrs. Joseph A. Bradley, Sr, asd J. J. Coombs. Hon, F. P. Stanton and 0, H. Ulier- mehie, Esq , for defence It was argued [for the defence that the pris- oner, in making this arrest, was acting wader sompetent authority, and was not, therefore, Ppereonably liable tor any consequences counsel held: ist. That the circumsta the times called into exercise the extraor powers of Government, and j asystem of summary expedients, adequate to the suppression of revolutionary agencies: that, in proportion tothe ascendency of such a sys- tem, the stringency of ordinary methods of arrest must be reJaxed, and greater iatitude allowed the principle of implied anthority. 2d. That the anthority of the Secretary of the Treasury to direct sycb an arrest uader the circumstances was fairly implied;that the con- nection of the Solicitor, us the competent agent of (be Secretary of the Treasury, with the ar- rest as made, although it was, formally, sab- seqnent to (He Actual arrest, operated to legal- ize it back to the Moment when Colonel Baker jaid hands on Dr. Gwynne, Un the part of the prosecution, It was con- tended that under no cireumstsnces could the summary system ofarrest be wi'kout lawful limits; that though in Vxecutive is lodged the power of suspending the haheas corpus by the Constitution, and 4 fortior’ by the act ot Coa- erecs, yet that the principle of the supremacy of the civil over the military law had never been ignored by the present Chief Magistrate, who had throughout, and especially in hie proclamation No. 6, which governed this case, distinctly enumerated the classes of cases in which extra-judicial arrests shonid be made, which on the principle expressio untus exclusio ulferius, Ws taptamountto an order against such arrests as this one; that the act of the 3d of March, 163, section 2,by implication vesta same Pores oF this character in the Secretary of yar and in the Secretary of State, and on the principle cited excludes all other subordinates of the President, leaving in hin solely and ex- clusively the power of executing the statute— power which he conld not delegate to the Sec- reiary of the Treasury, less still to the Solicitor or any other subordinate, without some ex- press and offirmative act. The Secretary of the Treasury, it is true, may act under implied authority of the President, but the implication is confined rigidly within the sphere of his msas Secretary of the Treasury. As , itconld not be preteuded that he conid bhaye authority by mere implica'ion to issue a Wwairsit for the arrest of a person charged with a criminal offence or a misdemeanor. Therefore, had Mr, Secretary Chase given an express order it would not avail the prisoner, but it had not been claimed that he ever gaye an order for the arresmet Dr. Gwinne. It the SReyetary hadjno power to order this arrest, | ibcould the Solicitor of his de. porement power. But even did not or- der it, for this arrest was made before the So- licitor gave the order ia question; for the eyie dence. in the judgment of the presecution, did not ebow that any authority was, imparted to Cotonel Baker by the conversation of the So- liextor with bim. The preceding poimts are coliscted chiefly from the vigorous address of General Carring- ton, the District Attorney, to the jury in clos- ing the argument. The defendant's counse! offered eleven dif- ferent Dah Judge jlie took up the prayers and in- structed the jury thereon. To the first prayer, (which was refased)— “That the order of the Secretary of Way de- tailing Col. Baker in the Treasury Department, as requested by Secretary Onase in his letter of December 24th, 1963, was made under the authority of the President, and if the arrest in this case was made in pursuance of that order, then by virtue of the fourth section of the act of March 3, 1863, the defendant must be ac- quitted.”” Judge Wylie replies: The Secretary of the Treasury sent a writ. ten request to the Secretary of War that the Jatter would permit Col. Baker to investigute certain alleged frauds in the Departmen: of the Treasury, and to make arrests if neces- sary. under his direct ons. In reply to this request the Secretary of War did detail Col. Baker on ‘special duty.” under the direction of the Secretary of the Treasury. ‘The insiruction of the Court is that the effect of the permission or order thus given by the Secretary of War was spent and exhausted the moment that Baker reported himself for cer- vice to the Secretary ot tne Treasury, in obedi- ence to it;and that Baker is not protected by said order of*the Secretary of War from the coneequences Of his acts, while afterwards en- gaged in executing the instructions of the Secretary ot the Treasury, That this order of the Secretary of War merely placed Baker under the directions of the Secretary of the Treasory, and was not authority forany other purpose or any further extent, This order having been made within the scope of the lawful authority of the Secretary of War, should ‘be taken to have been sutborized ~ the President, bat “1s’ no justification for ‘the defendant in this case, the order having no Other effect than to place Col. Baker under the. directions of the Treas- ury. Department. the second prayer, (refused)—“Phat thé letter of tbe Secretary of the Treasur: to the defendant, of December 21, 1863, directing him to recognize the instructions of the Solicitor was also an order given under the guthority of the “President; and if thie arrest was Made m pursuance of thatorder, im connect ith Aloresaid ¥ aad | ‘or War, ihe’ defendant Monge qn 5 lat . oe eit dge Wylie, says:—Hy the pr.of Decem- pote: yas Gercuey one tions of the Solicitor of Treasury, epg alt ina G14 ‘witerwarde’in Soi a trax the Bollettor, ms aren taeen ta been done under the orders of “the Secretary bimsel!. If you believe from the evidence that the arrest in question was ordered by the Solicitor, 1t must be taken to have beer ordered by the Secretary. But the order of the Secretary for the arrest thus made, wonld be no jastification to the defendant in {making thearrest, inasmuch as there exists in the case noevidence whatever of any special ordey or authcrity from the President for making the arrest; and the com- mission of the Secretary of the Treasury from the President in @ case like the present, which involves the liberty of the citizen cannot be presumed toconfer any such power by impli- cation. The presumptions of law in & free eouaity are ever on the side of innocence and liberty. To Tine third, which is refused—“That the acts of the Secretary of War and o the Secretary of the Treasury in this case are prima facie the acts of the President of the United States, and carry with them the tega; presumption that they were anthorized by nim’’—the judge replies: The whole executive power of the Govern ment is by the Constitation vested in the Pres- ident of the United States, whose duty it is % ree thatthe laws are faithfully execated. To enable the President to execute the laws sub- ordinate departments und other agencies haye been established by Congress, whose respective owers and jurisdictions are defined by law ‘or example, the duties of the Secretary of the Treasury are prescribed by act of Sept. 2, 17-5, fection 2d, (ist Statutes at Large, ti5:) “AN ACT to ish the Treasury Depart- ment. “See. 2d. And Me it further enacted, That tt enall be the duty of the Secretary of the Treas- ury to digest and prepare pians tor the im- provement and management of the revenue, and for the support of the public credit; lo pre- pare and reportestimates of the public revenue and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keepingand stating accoun's and ma- king returns, and to grant under limitations herein establisbed, or to be hereafter provided. all warrants for monies to be issued from the Treasury in pursuance of appropriations by law; !oexecute such services relative tothe sale of the bonds belonging to the United States as may bo by law required of him; to make re- portand give information to either branch of the Legislature in person or in writing (as he may be required) respecting all matters re- ferred to him by the Senate or Honse of Re- presenativee, or which shall appertain to hia offiee; and generally to perforta all such ser- vices relative to the finances as he shall be di- rected to perform.” Several acts of Congress have been snbse- quently passed either transferring some or the above specified duties from the Secretary of the Treasury to other Secretaries, or adding new duties to those above enumerated; bat none affecting the question now under consid- erauon, i. Ajl and whaisoeyer the Secretary may do, within the scope of the powers thus granted, is not only presumed to be right, but conclusively binding on all concerned. But when an act of Congress conters powers upon the President «hich he may execute or not execute, according to his own discretion, in particular cases not pertaining to the office of Decretary ot the Treasury, such powers cannot be executed by such Secretary as Secretary Much jess can the right to exercise them be presumed, without expres3 orders from the President. When a Secretary acts within the hmitations prescribed for him by law, his acts are valid. When he ventures beyond those limitations, bis acts are ubsolutely void. The law defines and limits his powers, and wea know precisely their extent. It is not a case for prima facie evidence and presumption. The tame principles apply to the otlice of Secretary of War, and the other Executive De- partments of the Government. The fourth pray er—“ That if the Solicitor of the Treasury, being authorized to order the ar- reat, Gid not object when informed ef the de. Jendant’s intention to make it, and especially it he counsejed and advised with the defend- ANt as to the mode ot making it, then the said Solicitor must be considered us having assent- ed thereto, and his assent was eqaoiyalent to tbat order” —was granted; the. Judge remark- ing, however, that at this point ke would not say whether that order was a lawful one or otherwise. The titth prayer—‘ That if the Solicitor, af- ter receiving autMority from the Secretary of the Treasury to order the arrest, was silen aud made no objection wen informed by the defendaot that he weuld make the arrest, sach silence withont objection constituted un ac- quiescence in the act and ws eqnivalent to ab ode, ‘Was granted with the same qnalifi- ention. The sixth prayer, which is as ‘ollows, ts re- jecied :—* That the written order of the Solic- itor, by authorily of the Secret .ry of the Treas- ury, dated January 7, 1-84, and directing tue in- carceration of Dr. Gwynne in the Oid Capitol Priscy, was given under the authority of the Presideut of the United States, and necessarily implied an assentto and approval of the ar- rest which had taken place the day previous, and reluted back to, adopted and justified the same” Judge Wylie saves, in answer:—There is no evidence whatever in this case to show that either the first arrest or Dr. Gwynne by the defendant, or his commitment to the Old Cap- itol prison by order of the Solicitor of the Treasury oa the following day, January 7th, Ir€1, was ordored by the Presideut of the United States or by his authority, or that he even knew or suspected thatsuch adeed was in contemplation by any ef his subordinates. Dr. Gwynne bad been a contractor to furnish membrane paper and machinery for manufac. turing the tractional currency forthe Treasury Tepaitment. He was suspected of having perpetrated ceriain frauds under his contract, either upon the Government or bis sub con- tractors, one or the other. A detective was en- g’ged by the department to investigate the question. After consultation with the Solici- tor of the Treasury and other officers of taat Department, and with or without their sanc- tion for tbe act, the detective arrested him, seized his papers, kept him in close confine- mént in a room for one day and then procured from the Solicitor an order of commitment to the Old Capitol prison. This was all done without an alfidayit of any. one previously made or a warrant from any olticer of the law. If'was a proceeding certainly withonta pre. cedent iu this country, and was in clear viola- tion of the law of the land, unless it ean be jostified under the act of Congress of 3d of Morch, 1:63, chapter 1, and itis upon the 4th seetion of thisaci thatthe defendant now re- lies tor nis justification. The firtt section of this law authorizes the President, during the existence of the present rebellion, whenever in his jadgment the public safety may require it, to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof. The fourth section proyides ‘that any order of the President, or under his au- thority, made at any time during the existence of the present rebellion, shall be a defense in all courts to Any action or prosecution, civilor criminal, pending or to be commenced, tor any search, setzure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, » ender and by virtue of such order, or under eolor of any law of Congress, and such defense may be mede by special plea or under the gen- era) issue. * The instruction asked for @esumes that this arrest was magie ander the order of the Secre- tary of the Tr@eury, acting through the So- licitor, and that what the Secretary did must be taken to have been ordered by the Presi- dent The Court hae elready instructed you as .o the powers and duties of the Secretary ef the Treasury as conferred and limited by law. All thai be has done or may do, within the Nimits of his official power, the law does pre- enme tobe done by order of the President. ‘When, however, he transcends those limits his &cts are void, unless he can show that he has the express order or authority of the President, which the latter has the power to give ‘The order for the arrest of Dr. Gwynne, in this’ ipatance, was not &n order which ‘belonged to the Secretary to make virtute offictd; and no or- der or authority from the President written.or verbal, has been shown to have been given in ite case. he oh oa ne “ , am not altages! T satisfied, wever, to Jeave this instraction at this point, although it tullymuswere)the prayer to whichit replies. This act.of Wongress was, withoat doubt, absolutely necessary, to enable the Government ad detent snepegded, however, the privilega of -habaas , and placed the personal ney wha inthe aun at The dj Ah gs President Of the United ‘Staces” “Ir he ink proper be may order the arrest and impfison- jentof whomeorver he will, and tha: re erless fo relieve, Ha may feoprisce chp courts ves, “If it was a ni ew the ti fal si id, fe mes, it isn fatate. It Ye eretarg we Stric! Constxued, ip favor of TY ek amv wf President is the Srst offer it the Reo the archives of the Government, and neess- sary to be that the may 22 to his administration, and 4h tives and Senaiors may hold him to eonstie tutional accountability. His orders, therefore, must be written. ally is this important under an act of the of that we have been considering. Im these remarks I must not be xpressing any distrast of the aud uprightnets of the present OU Magie- tiate of the United States. This very act of Congress contains a noble expression of the confidence which bis countrymen repose in hig purity and wisdom. Bot not on'y is there no evidence im this case that the arrest was made under any “order of the President or under his authority,’ but we bave his own proclamation issned under the authority of this act, dated the 15th day of eptember, +63, in which he specially names the difierent cases in which he deems it forthe Public interest tat the writof habeas tball be suspended during the existeuce of the rebellion; and the ease we have been trying falls within no one of these classes. There is still other and equally eonclusive evidence to snow that it is not the intention of Congrees to include a case like the present, an- ger tbe Actof 34 of March, 1#63, which we have been considering. On the very day, and before the passage of this act, Congress passed an act to prevent and punish frauds upon the Government of the United States, Sec 12, State utes at Large, page 6%. The first section of this ect provides that any persons in the mil- ‘ary and naval service of the United States king or presenting fictitious ciftims, false Vv. uchers, miking Jalse caths, forging signa- ivres, uttering forged papers, conspiring to de- fraud, Stealing, or embezzlipg, contractors, agents, Ac, concealing property, &c., deliver- ing {alee receipis for arms, &c, and miny oth- er persons (here enumerated belonging to tha military or naval service, may be tried for thesecffences by court martial. The 2d and 3¢ eections ef this act apply to persons not ia the military or nayal cervice, and proyi:'+ for their trial and punishment accordipg to ‘ue Inw of the land 1n the civil courts of the United States and of the District of Columbia. Gwynne was suspected of being guilty of one of the offences named in this act, and pro- vided for fully by the act. He was a civilian, and this act deciares he shall be tried by the civil courts. It is not to be presumed that on the very next day after passing this Jaw Congress had so forgotten its own consistency as to pas: other Jaw which anthorized nis arres: out warrant, his confinementin prison with- outa commitment, and his trial and pauish- ment ty court-mar'ial, or an incefiaite im- prisonment without allowance o trial at all. The seventh prayer—‘That the remark attributed to the defendant by Mr. Jordan, bas disproved by Mr. Chittenden, viz: that he would make the arreston bis own responsi- bility,even if that remark was actually made by the defendant, would not of itself revoue or anbul 6ny authority previously or suosequent- ly given either by the Solicitor or by the Sev- retary of War or of the Treasury”—is granted as prayed. Phe eighth prayer—«That if tromall the tes- timony in the case the jury believed the rest was made by the authority of the Pres- ident, the defenoant must be acquitted ’—is granted, subjected, however, to the instructions which has already been given in answer to the sixth prayer of the defendant’s counsel. The ninth is granted:—»Thatif after the ar- restot Dr. Gwynne, (be Solicitor of tae Treas- uly accompanied the defenaant 40 room cccupied by tbe prisoner, assigsed in seizing tbe papere, and if the Secretary of the [reas- ury, knowing of the arrest, detailed officers io examine and brief the papers seiz-d; or if the eaid Solicitor and Secretary other ap- proved and promoted the investigation eonse- quent cn the arrest, and while they knew tha prisoner was in custody, the jary may pre- sume from these facts that the arrest was au- thorized and approved by these officers.’® The tenth is not granted:—“If the prisoner was arrested, acd the Secretary of ihe [reas- ury or the Solicitor, knowing the fact, had authovity over the subject and did not order his releaee, tho jury may presume that the ar- rest was made by their authority.” Tothe eleventh,(offered by Mr. Utermehle,)— “That if the jury shall tind from the evidence in this cause ihat the defendant, L. U. Baker, was in the military service of the United States, subject to the orders @f the Secretary ot War, that he committted the offence ander au order | emanating indirectly from the said Secretary | of War; tbat the said Baker had no right to question (be loyalty of such order or auuority by which the same was issued, and be is not responsible in this action, and the jury must acquit ’—the Judge says: “The Court has already instractid you that ip making the arrest in question Baker was no! acting onder orders of any kind from the Secretaryot Wer. He reported by permission ot the Secretary of War to the Secre- tary of the Treasury, for orders from tho latter; and from the latter received his orders, for which orders the Secretary of War is mot responsible. The military commission held by the defendaptis a circumstance Of no consid- eration in the present case, either in favor or ayainst him.” Arprew Wyn The following prayers offered by the prose- eution are granted: “Itfrom ine whole evidence aforesaid the jury shall find that the defendant did on the sth of January, 1°61, arrest the said Staaré Gwynne, in aid indictment named, forci- bly and a.aiist the will of the said Staart Gwynne, and did hold himin custody until the 7th day cf January, Iréi, then the defer- dant is gnilly of an Sssault and battery as charged. And it is no justification of the said assanit and battery, if the jury shallfurther flud thas having grounds of suspicion or belief, that the eaid Stuart Gwyrne was at‘empting todefraad or bad defranded the Treasury Department in theexecution of 8 contract with said Depart. ment he was thenexecutivg. The Secretary of the Treasury instrueted the Defendaut to mage the eaid arrest, witbout further showing the express authority of the President to the said Secretary to order the said arrest; and fs the absence of proof of such express authority, the defendant had no jostification for said aa- sanlt and batiery.” The csse was then argued by Mr. Goombs for the proseeution. who was followed by Mr, Stanton for the defencaot, and District Attor- ney Carrington closed the argament abont 3 o'clock, wher the jury took the case. In ubout 15 minutes the jury returned and through Mr. Jas. L. McGuire gave in their verdict of guilty as indicted. Mr. Utermehle immediately entered & motion tor a new tal. A This morning, in the two remaiuing eases against Col. L. Baker, for libel and anlawtully opening a letter, @ nolle pros. was entered. ee U.S. SupRemE Court, December 21.—On mo- tion cf Mr. Samuel W. Fulier, Obediah Jack- son, Es of lilinois, was admitted an attorney and counsellor of tmis Court The Wheeler & Wilson Mannfactar- mpany, appellart vs. George H. Cor- liss. Appeal trom the Circuit Court of the United States tor the district of Connecticut, The matiers in controversy in this cause haya ing been agreed and settled between the par- ties, it was,on motion of Mr. Uurtis, ordered to_be dismissed. No. 73. Wm. T. Lowber etal, plaintiffs in error, vs. E/kannah and Wm. Hd. Bangs. The argumentof this cause was continued by Mr. Bartlet. for the platotitfis in error, by Mr. Sbattuck and Mr. Ourtis for the defendants in error, and concluded by Mr. Bartlett for the plainufis in error. No. 74. Stephen S. Tobey, appeliant, ys. Nehemiah Leouard et al. Toe argument of this cause was commeneed by Mr. Thaxtor for the appellant Adjourned. December 22.-On motion of Mr. Attorney General Speed, Cdarles D. Drake, Esq., of Missouri, was 2#mitted an attorney and coun- seHor of this Court. No. 74, Stephen S. Tobey, lant, vs. Ne- miah Leonard et al. The argumert ot this cause was continued by Mr. Tnaxter for the appellant, by Mr. Olney forthe appellee, and concluded by Mr. Bartlett for the appellant, Adjourned. . oe NEWS FROM REBEL SOURCES, Richmond papers to December 20 have been teceiyed, They tarnish nolate radvicesin re- spect to Sherman's mo vemenis. The Charieston Courier mentions what it calls “something of a panic in Savannah” oa last Friday. 1t says that “some croakers were ready and willing to give up,” and that “some of the warehouses and depositories of pro- visions were opened, and all persons told to. help themeeives.” Three severe charges of Sherman's men on the rebel liaes in tront of the city. on last Saturday, were reported. The Richmond Examiner , of the 19th inst, acknowledges Hood’s defeat before Naxn ville, and says be had no business to go there ft apace censures Jeff. Davis forremovin, jobnson. ‘ . Mr. Foot, In the rebel. Senate, sald: «Fort MoAlieten: hes salen: lente yg terete fail. The tate ot Gharleston seems yt Bis» deferred.a few days inter. Hood’s army hag already met with great disaster a Franklin, and in my judgement ts fatally compromised,” He attributed albthese*-dire miecthefs” w Jeff, Da 3 shrew vis. at 2 Mr. McMullen, inythe Sines, , offered resola- tions, Bppoipting commissioners to treat’ pence with the United Stats, on terins tows ratified by the respective Governments, He” “sinted that Bishop Lay had een ass: H General Grant that ary such raped “would be showed to pss through hie Iines, ma ya Ne ) gor Mrs: Damp was brotal : 5 Hi at e Tesidenee. near ‘Alvany on Fridae wien ee “by two men who. were Urged on 10 7 Puperereeintemperamcs ' she died ‘on Sunday t TAst, 7