Philadelphia;1 ; feiday, februaey ig, isgg. DOUBLE SHEET-THREE CENTS. VOL. V, -No. 41. 1 i I! FTO1T IWcf A TPW I JliiKl p.a V injixi iiixi i.i ' 'V 'i LL I 1 I U . f.l J MH ft 11 -il-U-O i , i EUROPE. ArchbUhop Cullen's Last Antl-lrlsh Anatverna-The Chilian Plrates Rojal ChrUtenlng-France and America -r Q u e o r Things from the "Yollow Book," Etc. Ltc. TIia Sire of W adrld to t Ralt. It Is rumored that the state ol nicgo In Madrid will bo rabed on January 30. Several vessels bearing Ctillinn colors have ap peared at Valencia, ana given nwe 1o somo fcpanish coasting brigs. It Is asserted tbat the fmrsueie are not Chilian cruisers, but simply iiii ate under cover oi me wiurau nag. A telegram from St. Nazaire, of Jul hits tlio Spanish minister of Peru, January 29, FlljB U1U optllJlBIl Ullilini.;. ui mil. (luu (UO bBunish Consul nt Callao, are among the passen gers bv the French mail pneket, arrived here to day. Intelligence from Lima, of December It, announces that diplomatic rclftioua have born lntciTup'cd between Spain a:ii I'cru. lUANCIi. Relations with tlie United States. A despatch Irom r.iris, of January 2 , says: "Tiio cir.cia) Yellow Wooft, coiit:nnln.' the dip o ina'lic cnir.i)iionlcno of tlio ru'ini Government ww' Itmfun t'owc-B, w lai'' on tlie tablu at tbe Corrs l- gndctil lousy. Tno A' i patolv 8 xolianed between linnet' and tlio United .-titos on trie sub ject ol Ali xioonre in conloriuity with tlio lieulara imim made in -ho Eui oor' peecn at tno opnniug 1 tlio rtin, Bin io tlio expose ul the condition of tlie imp re." A tlcsnateh from M. Drottyn 'e Lhttys to tho Marquis de Moniholoii, dated January !. reply ing t a commurtcation from Mr. Hewnrd, dated December Hi, atter announcing mat this reply lind been Biibmit.ted to tho Emperor, expresses the conviction that "l'hii divergence ol view between tlio two Cabinots is tho result of an erioiiooun oi piTcialiou of the in tonlit us ol Franco." M.. Drouyn de Lhuys proceeds to state that France seeks the realization of no ambitious ideas, and says: "Kow tbat ttiore is a reeifor Government in itex:co, tlie legitimate object ot our oxpodinon will be aitBiied. We are ondoavoriiig, while satisfying our interests and our dipnitv, to make arrangements whxb will eiutblo us to consider tho mission oi oar ainiy in Mexico as terminated " ' Another despatch of M. Drouyn de Lhuys, dated January 2ft, 1HC6, to the French Minister at Washington, relates a conversation ol the former with Mr. Bigelow. On that occasion M, Drouyn do Lhuys declined all official concro vcisy upon the measures taken bv the Emperor Maximilian, staling that he could only receive Mr. Bigelow's communications on that subject as f imple information. This reservation esta blished, the French Minister observed in the comse of conversation that the measures pointed out were of a purely admin. t-trarivc order, and did not appear to him to constitute any of tboseexceptional derogations that might per haps sometimes justify a Government in inter vening in the interior affairs or a neighboring State.. He could not admit that tlie 'Federal Government, not wishing to recognize as legiti mate the de facto Government of Maximilian, and considering ic illusive to address itself to Juarez, had any ground to apply to France, in order to escape Irom this embarrassment, and request explanations troiu her relative to acts emanating from the sovereign authority of a foreien Government, M. Drouyn de Lhuys con ' tinnes: ... "We return to the principle of non-intervention, ar.d troir the moment we Accept it a our rule of con5 not, our vote, est and honor require us to de mand its tqual application by all.' Kelylng upon the equitable spirit ot the Washington Cabinet, we ex pect tram it i he assurance ti.at the American people will con; oi in to tne aw of non-intervention, which they invoke, bv molnta ning a strict neutrality with regard to Mexico. Wtieu yon shall have informed me oi the reso ution of the American (joverumeat in this manor, I shall bo io a position to acquaint you with tbe result of our negotiations with the Emperor Maximilian for tbe return of our troops." The documents referring to Mexicn have been sent to pre. They will form a supplementary pamphlet to the Yellow Book, and will immedi ately follow the distribution of the latter among Senators and Deputies. Tbe Government has decided to issue thee documents in conse quence ot the publication of the American despatches. Ihe Paris Bourse was quiet, niul Rentes closed on Monday avening at C8r. fift ci-nttmes. Arehbifthop Cullen Ifcttiitta lacing tb 'enlanM. A Paptoral from the Most Reverend Dr. Cullen was read from the altars throughout Dublin on Sunday, in the course of which he thus deals with the Fenians and the subject of Fenianism: "You will allow me, reverend brethren, to beg of ou to caution your fiocks, ncain and again, against the dangers of secret and illegal societie, and to make incessant, exertions to root out every vesligf of the last development which thete societies have taken, under tho name of Fenianism. 1 know you have been most active in preventing the growth of this noxious and poisonous plant, and yot r labors have merited tor you the approbation of heaven and earth. For the past,, you have preserved the great muss of the peo ple of this diocese from the evih with which they were menaced; and now you have to congratulate yourselves that very lew, it any, of those committed to your pastoral care have been doomed to undergo the horrors of a long penal servitude. If your exertions b3 con tinued in the same prudent end laudable way as tor the past, you may confidently hope that soon there will be no more leaven among us to cor rupt the mass, an i that the unfortunate spirit of anarchy and irreligion with which we were threatened shall be completely extinguished. Ilavlng written to you on this subject a short time ago. all 1 have now to aud is, that after all the revelations which have been in ad a within the liwt few weeks, and especially alter the documen tary evidence that has been published, every man who does not wish to shut his eyes asainst the truth must fully understuud that Fenian Ism is not, indeed, a dangerous or powerful, but. indeed, a loolish and wicked conspiracy nrainst. the existing civil authorities, and still more against the divinely constituted authority ot the Church of God. Its cllccts have been most Injurious to the country, turning away tbe minds of the people from their legitimate occupations to wicked, wild, and impracticable projects, disturbing the course of trade, inter rupting business, and criviug a pretext to the OrtiDge lodges to arm all their members, aad even reckless boys, to the great risk of the public peace, and to excite a. Utter persecu sion against poor Catholics who had no con nection whatever with the Fenians or their follies." Tb War Agalnf ,btli-itnlr feeling Prl vateerloir Adiulrnl IMnzon t rcunniMd tb Faetfle Kiiwdron Tlie Ilojrol CnrlatcnlB, tc. Marlrid. (Jan. 27.) Ceireipondence London Timet, The great paroxysm of wrath with which the Spanish people received the tidings of their dis aster in the Pacific is beginning to abate. They look upon the atlatr in its true aspect, and In cooler and calmer trame of mind. In the nrst ul me. tliev are not outte easy on the acere of the consequences of too free an indulgence of their evu passions, vengeance may oe sweet. but only when it i sure and sale. Now, if all the naval lorces of the country are sent round Cane Horn, who is to stay at home to secure the jspanjuli coasts irom the outrages Ot prlva- told you that tho been I am. not should say hear auite suro wheihT I ing or dreaming, of iron-clads, rams, and other monsters, constructed either in Knglh-h or Ame rican docks, carrying Chilian colors, and roam ing Spanish waters. The alarm was a few days ago spread in Cadiz; it has more lately been caught in Valencia. "Five pirate vessels under the Chilian flag," we are told by lhe local organs there, "have been seen on onr coast, and give chase to our small coasting cralt, to gain posses sion ot their cargoes. The necessury orders have been Issued to our coastguard ships to re double their vgilance, and inflict condign pun ishment on these unwelcome st-angers." That prcat uneasiness begins to prevail among the merchant navy at till the great Spanish ports ii a fact, however, not to be denied. I am inclined to think that tno Spanish Gov ernmcnt are perhaps less eager for the war than they were hen 'he people showed no ardor and no hurry for it, aud when the great European and American powers strove to avert it by theT otrets oi arbtration, of mediation, and friendly offices. The command of tho squadron of tho Pari 9c Is to be given, according to some authorities, to Admiral Pinzon; according to others to General Herrera; though many deem it probible that the officer who was left In charge of the Spanish forces in the PaciHo by tho death of Admiral Portia, Don Casio Mcndoz Nunez, may receive a pern anent appointment to the supreme com mand. The royal infant, who was born on Wednesday nicht, was christened with tho greatest solem nity estetday morning in the chapel of the Qtiiicn's l'alnce. The god-parents were the King and C'ueen of the Itelginns, represented lor the occasion by the Belgian Minister aud the Princess lioval, Maria Inabel of Spain. Tho Papal Nuncio otliciated, and the water sprinkled on the child's head was carried lor tho purpose from the Jor dan. All the dignitaries of the S:ato and the forcien diplomacy attended the ceremony. The infant has received at the font ono hundred and twelve names, "comprehending," as tho official papers inform us, "all the invocations ot the MoBt Holy Virgin." The first and real name, however, "is that of the blessed Francisco de Assi. The Mormons In Illinois -The Prophet" A correspondent of the Albany Argus, who has recently visited tho Mormons in Illinois, over whom Jcseph Smith presides, gives this descrip tion: "I had not imagined the Morm3ns of tho Jo. Smith party were so numerous. I am told there are not lets than ten thousand, of whom the ma jority are in Illinois, and the rest in neighboring States. The most considerable settlement is at Piano, a thriving village, situated abjut fifty miles west of Chicago.' Here resides Joseph. Smith, 'Prophet, Priest, and King.' ot the 'Latter Day Saints,' by virtue of the laying on of hands of his notable father, "Joseph Smith, the martyr,' as he is called by the laithlul. By-thc-by. there is no doubt that the assassination of the Mormon pronhet gave a powerlul impulse to the advance ment of thibnew and strange religion. 'The blood of the mart yrs is the seed of the church,' as well lor hercslarchy as for tho hierarchy. The proof that Joseph Smith, Jr., is the lawful successor of his sire in the apostleshlp of the Mormon sect is very ably set torth in a late number of a weekly newspaper, nowHiug before me, entitle 1 The 'Jrue Luller Day Bauds' Herald. This paper is edited by the prophet himself, and published at Piano, and bears for its motto: 'Hearken to the record of the Lord: for there shall not any man among yon have save it be one wife; and concu bines fie shall have none.' Hook of Mormon. ' And on this point mainly hangs tho differ ence ot creed between the rival purtiea. Smith and his followers say that Young and his disci- plr s have not 'hearkened to the word or the Lord,' but tailing into the sin of polygamy and defending the same, are thereby heretical and accursed. "Joseph Smith is not a rich man: and, indeed. by way of testimony against the wealth and worldlincss ot Brighani Young, bears himself with an ostentatious poverty ot apparel and equipage. He dresses almost shabbily, and is a man' of no pretension to scholarship or refine ment. His manners are simple, hearty, and unafl'tcted, and his popularity with his followers is unbounded. The community here at Piano is well spoken ot by tbe 'Gentiles' as moral, orderly. and industrious, and in their quiet demeanor aud friendliness very much resemble a society oi Quakers. "It is mentioned as a remarkable fact thit while the Mormons of Utah are, to a large- extent, importations from Europe, those of Illi, nois are. almost exclusivelv. native Americans and of a higher intelligence than the saints of Salt Lake." Death op an Editor. John B. Jones, Esq died at Burlington. N. J., on the 4th i'lstaut. aged fifty-six years. He was a native of Aoco mac count v. Va. During Presid6ut Tyler's ad ministration he was solo editor and proprietor of Tlie Mudnontan, at that time tne president's organ, and the leading editorials of that able journal were from his vigorous and facile pen, He was, during tho whole of that administra tion, upon the most intimate and confidential relatious with Mr. Webster. Mr. Upsbur, Mr. Divurn, nuu mi, QRmi;, ul iui. irici o unuiui;,, a j a, 1 . i . a; : . J una was irequenny mvuru io, anu puruciputeu in, the consultations of the leading men of the country. For soma time previous to the break ing out of the late civil war, Mr. Jones resided in iiurltngton, and edited a weekly iournal. which was published in Philadelphia, styled ine aoumcm monitor. Death of Rev. Elisha Lord Cleveland. Nbw Haven, February 16. Rev. Ellsjia Lord Cleveland, D. D., for thirty-three years pator of the Third Congregational Church of this city, died this momiug at 3 o'clock. An Admires of "Tub Light Fantas tic" on a Si'BEB. Richard Dillon has been get ting into trouble It appears that an individual belonging to New Yorir has such a penchant for attending balls mat n came on an the way irom that city to attend the splendid ail'uir ot the Good-Will Engine, at the Academv. After en joying himself there he felt like keeping it up, and. after vailous peregrinations, turned up slightly elevated in the neighborhood ot Sixth and Shinpen streets. There he tell a prey to tho thievish proclivities ot uiuon, who, taking ad vantage of bis whitkyisti coudtion, stole from him a handsome diamond ring, valued at 5i). Dillon did not have an opportunity of enjoying the proceeds of bis theft, tor ne was soon alter- wardsi arrested, and committed to prison by Aiuerman xittermary ints morning. Bobbeby. About 12 o'clock last night, a man named James W. Connor was arreste I by Oflicer Mc Calley, charged with attempt ng to rob a cigar store,' at No. 004 Vine street. The store was entered bv breaking ouen tie back dor. Tho fire-proof was blown open, but naihing taken Uicrefroiu. Conner was arrested la the back yard, and had in his possession a "jimmy" and dara lantern. Aiuerman Jones cotnuuueti mm this morning In default of $3000 bail. - The Effects of Gettixo Tipsy. Thomas Graham last evening got too much bad whisky aboard, and acting uader itj influence amused himself by am ashing a show-case at Long's Varieties. Third street, below German. Ib order to prevent him from committing any more acts ot vanaaitsm oi mat description, Alderman Ttttermary had him locked up in Moyamenblng Prison. General William Belkuap, of the late Rebel army, has been admitted to practise at the bar in wasnington city. tccrHf I have already Covernment hero have TIII11D EDITION V-A.SIIIIVGTOIV- Special Vorretpondena of Tht Evening Telegraph. 1 , WAsaiNOTON, February 16. ' The Tax. npon nilllnrr Upon consultation among tho appropriate Congresfonal Committees, in conjunction with the Coramissionnl of Internal Revenue, It has been siltlcdthnt a reduction will bo madn lu the tax and duties upon milliners and milliners manufactured goods. To what extent this rertuo- tton will be made the committees have not yet determined fully, but it will certainly be a liberal decrease. tSQf 1'ont OAlc Appropriation. Among the Items in the Post Office Approprla. tlon bill, reported yesterday, aro $150,003 lor steamship service to Brazil; for such service between San Franci.sco, Japan, and China, $250,000; for overland transportation between Atchison and Folsom, and marine transportation to California. $900,000. The bill also authorizes tbe Postmaster-General to employ sailing vessels for mail tr.mrportatiou to any foreign port, compensation not exceeding tho sea postage acciuing on tho mails so conveyed. Onr Minister to Mexico. Hon. L. D. Campbell, recently appointed Min uter to Mexico, arrived here yesterday from hia home in Ohio, and had an interview with the President this evening. Mr. Campbell's visit has no relation to his official position. He visits Washington upon private business, and will re turn to Ohio in a few days, there to remain until the Senate shall have acted upon his nomina tion as Minister to tho Mexican R-public. . Qurterunlern Ciika. In view ot the reduction of interest on tempo rary loans from six to five per cent., the Secre tnry ol tbe Treasury has directed that Quarter masters' checks of less denomination than $5000, and army and navy warrants of loss than $10,000, phall be cashed on presentation. On all warrants of greater sums than those above named, fifty per cent, shall be paid in cash, and ccrtilicates of indebtedness shall be given for the balance. It is hoped this plan will have the effect of tringtng certificates of indebtedness to par value. Expensive Pressen. In the miscellaneous Appropriation bill which. w as before the House yesterdao afternoon there is an appropriation of $2,000,000 for expenses in carrying into effect the several acts of Congress authorizing loans and the issue of Treasury notes. This appropriation includes, of course, expenses for the Printing Department, which has thus far struch off bonds, notes, etc. to the amount of $3,900,000,000. . Excepting about $20,000,000 of this immense amount done by tho hydrostatio system of printing the whole work has been executed by machinery that has not cost more than $12,u03, while the expenses upon tbe experimental sys tem of hydrostatic printing, to which S. M Clark, Superintendent of the Printing Depart ment seems to be irrevocably wedded,' has cost the Government nearly half a million dollars, The great bulk of this large sum has been ex pended in the purchase of the hydrostatic presses, which snap to pieces like pipestems and are carted away like so many Icorpes by teams of oxen. This project was introduced during the term of Mr. Chase as Secretary of the Treasury; and nt the suggestion of the Superln tendent of the Printing Bureau, seventy-two hj- drostatic presses were purchased at once at a cost of $2000 each. They failed, but were in creased from time to time until the whole number purchased has reached between two and three hundred. Wo believe none have been pur chased under Mr. McCulioch's administration, and he has not directed, nor does be propose to authorize, any expense in further tests. The Committee on Appropriations have, however, endeavoiedto put a stop to any further expert' ments of this seemingly played-out eystom, by in troducing a provieo in the Appropriation Bill that no further expenditures shall be made In thai way until such experiments shall have been definitely authorized by law, and a distinct ap proprialion made therefor. FROM BALTIMORE TO-DAY. Interesting: I-awauit Good Bleating tStamboa( natnire, tic. Kpeeial Despatch to The Evening Telegraph. Baltimore, February 16. The great lawsuit of A. S. Bell, editor of the Baltimore Sun, vs. John 8. Gittings, President of tho Chesapeake Bank, to recover a deposit of $3000 in gold, which the plaintiff alleges was deposited specially to be drawn in gold, and subsequently refused by the Bank, is still progressing in the Baltimore Supe rior Court, Judge Martin presiding. It is a novel case, and attracts the interest of our entire com munity. Skating is again good here, and the harbor is considerably frozen. A delegation of fifteen are now here from Washington county, Maryland, pressing before the City Council tho necessity of extending the Western Maryland Railroad to Hagerstown. The bteamer lsalteUa has been withdrawn from the Charleston and Havana line, and put on the line to New Orleans. Baltimokh, lebruary io. Last night was thought to bo the coldest of this soason. At daylight to-day the mercury stood at one degree below zero, and before that time in some exp jsod places it was still lower. At present there are tome indications of a more moderate tempe rature. The Weather. Altoona. Pa., February 16. The thermometer at 6-40 A. M. stood at 7 degrees below zero. Louisville. February 15. We bad snow squalls last night, with, the mercury three de grees below zero early this morning; the range during the day was from ten to twelve decrees above zero; and at 10 o'clock to-night It stood at zero. New Oblbans, February 15. Tho weather has been excessively cold all day; the thermometer js twenty-lour degrees above aero to-night. LEGAL INTELLIGENCE. Tn City CommtjMloner Caae Opinion by theCeart Mr. Given' Anwer Mat tslned ami tbe Cm to Proceed. This morning in the Common Pleas, Judge Allion delivered an opinion in the case of Weaver vs. Given, overruling the motion to quash Mr. Gtvcn's answer. The opinion was concurred in by Judges Ludlow and Tierce, and is as follows: In the matter of the Contested Election of City Commissioner:' This is a motion to ouash the answer of the incumbent, John Given, aud tbe cause assigned in support ot tne motion, so tar as it relates to specifications from the first to the eighth inclu sive, rests upon a charge ot indetiniteness aud uncertainty as to eacn or sata specinouuons. But this charge cannot be supported if tho pre vious decisions ot this Court, and the precedents established thereby, ar to bo regarded a of authority upon a question of this cUtracter. Thse speciucations are to a great extent identi cal in lorro wvh the specification contained in the corapluint and petition of the contestant in the case of Mann and Cassidv, which the Court re uted to strike Irom the petition, holding that nil that can be required is that the allegations to be proved shall be stated in an intelligible manner and wvb due predion, and taut tho tacts tct up as the irrouud lor contest, it sus tained by proof, would show that there had been an undue election and a huso rcMru. In the u'rst npecitication tho preuw staunnottt is made that three hundred and n!xt'i;n votes were taken and counted tor Duvid P. Wouver in the Seventh Division ol ilicX.urd Ward, whcro.i', in truth and in lact, three hundred and si votes only were receiv d for him lor said of.ioo ol City Commissioner in said division. Aud in each ot the following speciucations, trom the second to the eighth inclusive, It is in so many words stated that a given number of votes were taken and counted iu each of the election divl- ions named tor David P. Weaver, which votes w ere received by the severui elect ion ouicc.rs from persons none of whom were qualidcd electors. This, we think, meets the requirements of the law, aud is a sufficiently precise Btatomciit of tacts materi1 to the l.-sue, r aiucly, tne reception aud count tor David P. Weaver of a deduite number of illegal votes, at a given eloc'.lon pre cinct, which, if proved to bo illegal, would have to be deducted from tlio whole number which ho is returned as having received at raid elec tion. It is objected, tb tt lhe reasons upon which the charge ol lllegalitv of the votes received is based, are not particularized, nor are tho names of the illcgul voters mentioned. But of wtat ac count is it, if a vote has been received which ought to have been rejected, whether tho voter was disqualified by reason of non-payment of tax, or because of non-age, or want ot naturali zation, or in default in making the necessary proof of residence ! It u the fact that a person not a qualified elector is permitted to cast his veto which is of importance to bo proved, and the disqualification is as well established by showing one ground of illegality as another. Aiid in Kneoss' cose, the Court decided that the list, of names appended to the specification was unnecessary, regarding it only as proof; and this was atterwarda reatlirmed, in the optulon of Judge Thompson, in Mann's case, on the motion to quash. i.or do we agree with lhe suggestion, mado at the argument, that a different rule should be applied to the answer of an incumbent, from that whieh has beqp held to govern the petition oi tno contestants, xne same degree ot noe- rality should be extended to one party which is allowed to the other. For although it is true thut the incumbent, who is called to reply to tbe case made out against him by the evidence of tbe petitioners, has usually full time in which to prepare his answer, yet the privilege of amend ment wmch is so lreeiy granted to tne contest ant, permits him to remedy any defect la his complaint which may have crept into it, by reason of the limited time allowed for filing tne petition. rne nintn. icnin. eieventn, ana iweiun speci fications, which aro somewhat extended, when examined, are found to contain tho following distinct grounds of objection to the election as conducted in the sixth, seventh, and eighth elec tion divisions or the Fourth ward, ana the tourtu election division of the Twenty-filth Ward, and upon which, if proved, we are asked to strike the whole number of votes polled in said pre cincts Irom the general return: First. A general disregard ot what has b.ien teimed the directory provisions of the election law. fecond. A charge of fraudulent combination, bv the maioritv of the voters in said election divisions, to deprive the m'norlty of the rlsrht to have an Inspector at tne election representing their political views, contrary to tno intention and spirit of the act of Assembly. Thira. A precise allegation thut not less than two hundred illegal votes in each of said elec tion divisions were received and counted for David P. Weaver, and that in the Sixth, Seventh, and Eighth Precincts of the Fourth Ward the Return Inspectors fraudulently returned a lesi number of votes as having been cast for John Given, for City Commissioner, than wore iu tact polled tor bim, to tne aggregate numoer oi thirty-seven and upwards. It would be a useless consumption of time to go Into an extended examination and discussion of the causes of complaint which fall within tho tho first classification. For It oue rulo has been established more firmly than any other, by re peated and a consistent course of decision by this Court, In relation to an investigation of an undue election, or a laise return, it is mat tne careieas or ignorant, or even the wilful neglect, ot tho directory requirements of the election law, cannot operate to nullity the election. In Boiloau's case, Carpenter's case, Hperrett's case, Knposs' case, and the opinion ot the Court ou the motion to ouash in Mann's case, and the later case ot Thompson and Ewing, the caurse of decision is uniform aud consistent, holding that theCouit are required to look into the good faith and integrity 1 1 an election, raner tnan to the wanner in which it was conducted; aua that the expression ot tho popular will is not to be defeated because of an omission to comply with the formal though doubtless important requirements of tho law, which wera intended ns cnecKs ana guaras mruwu urouuu mc con ducting of an election with the view to main tain its parity and regularity, in ivneass- case, 2 Parsons, 557, the Court say: "We do unhesita tingly rule that all irrelevant or general allo cations and specifications which do not adeet tho mcriU of the case or the general result, will be stricken Irom tbe petitiou." But it is also as clearly and firmly settled, as an established principle, that where such neg lect of formal and, in themselves considered, im material duties, in so far as they atrect the merits of tbe question, is coupled with the charge of wilful aud deliberate fraud; of such gross misconduct on tho part of the election oilicers as interferes with and prevents a free e tttion being held; and of the wilful aud per si't ut neglect to perform the essen'.ial duties which the law require them to perforin, which are in no proper sense directory merely, but which go to the heart of the question of an undue election and a false return, that the Court will allow such allegations to stand, and in a proper case and in due time will go into au Investigation oi such charges, because they atfocl the merits and are ot material importance upon the issue of fraud. The distinction between duties imposed by the law on election officers, which are properly characterized as directory duties, and those which are essential, and are of the substance of a valid election, is a plain and obvious distinc tion, which has but too often been confounded or overlooked. The election law directs that after the qualification of an elector who offers to vote has been passed on by the officers ot tho electh n, and they have decided to receive the vdte, the letter "V" shall be marked oppo site his name on tho assessment list Ho, also, they are directed to mark whether a voter was sworn or affirmed, or produced a certificate oi naturalization, or other evidence of naturalization: and also to mark "tax" or "age" on the list. But what com parison do these requirements of the law bear to the refusal to tnke proof of evidence or proof of the fact as to whether a voter removed within the dietrict for the -mere purpose of voting therein, or td a charge of an entlro disregard ot challenge on the part of an elictor, or tho recei t;on ol votrs of individual who ml cly perso nated pe:ons who were dead, and whose names vera on the lits of voters, or refusal to require proof of naturalization, or permitting the same person to vote peveral tunes at tho same election, und other charges like in charaster to these? To contrast these several acts is of itself to point out the real dlffercnco which exists between them. In Mann's cac, fpeciflcations containing chaigesof this rature wcro stricken from the pc tu on, but in tho tinnl opiuioni of the O.mrt Judge Thompson savs: "A port on of the on gn at pet'tioB, which was d.'sig.ied to embrace the fraudulent co'.IMuet of election o.li ceis, was, as we now tliinic, tinkrovidiitly stri ken out. That such conduct Is aud ought to be a subject ol onsideration, as connected with tl.e inve-tigntiou ol election iraads; and the nili Cation ol such hands, iiisuiliciently ex j rested In the petition, should la-livr have b.;pn i.inciided than era-el.'' Aud again iths.'iul: "litd we not 'rased Irom the petitio i tho sDJci l'tuliotis atl'-glng gro's fraud und irregularities ou the part ol the election officers in ihe alvi s:ons referre d to, a dillerent course woulJ cer tainly have been adopted. y 'the entire prccecditgs arc so timlehed by the fraudulent coi.duct ot tho officers charged with the performance of tho rnont solemn and respon sible duties, that we would not only have felt abundantly jus titied, but it wojld have been our piaiu duty to throw out the return ol eveiy divi sion to which we havo reterred." Having sat with Judge Thompson all thiough tho protracted hearing of that cusc, and joined him in m iking uo tbe judgment ot tho Court as pronounced by him, I then entirely agree I with tho views as cxpieeFcd in the loregoing quotations, and have never teen any reason to cull in question their general correctness. In Ewing's case they were subt-equcutly recognized aud acted on as the law oi the Court, leceiving the fullest, examination and consideration, by Jndces Thompson and Ludlow, by whom that cisc was hoard and decided. Thel correctness 'of the principlo as thus set tled, has not been in any deoreo shaken oy that which has been urged in support of the motion to quafh the ans ver ot the incumbent, and wo, therefore, reiuse to strike out trom tho petition thut portion ot it which embraces charges ol irregularities and neglect, connected with asser tion, ot misconduct and fraud on the part ol the election officers. But theso allegations, contained In ninth. tei.tb, eleventh, and' twelfth peciflcatlons, are connected with tho precise charge, that in each of two ot the precincts referred to, 200 and up- w aras.ana mat in eacn oi tne other two precincts, auu and upwards, ot illegal votes, were taken and counted for David 1'. Weaver, and thut in the first three of the four divisions now under consideration John Given is returned as having received thirty-seven votes and upwards V'f-B than were actually polled for him, aud those distinct f negations oi fraud in the reception by the election oilicers ot said divisions of one thousand illegal votes, aud a false return of thirtv-seven votes, which were actually polled lor John Given, and with which ho was not credited, constituto in tlie order of proof tho matters which ought first to claim our attention in the investigation upon which the incumbent has invited ns to enter by the loots set up in his answer. : We have already said that, in a proper case, and in due time, tne Court will allow the parlies charging misconduct, fraud, and neglect ot formul duties by election officers to be inquired into, where, as in the answer put in in this case, such allegations are with precision and in their pioper connection pleaded. This order ot proof must, however, be regulated by tbe Court which is to near and determine the controversy; and they must also decide whether the case, either at its inception or during a subsequent stage of its progress, is such a case as would re quire them to go into proof of irregularities aud misconduct merely, of election officers. And this question must be met in each election con J test, as it is orougnt up tor investigation ana at oision. This brings us to a consideration of this cause as it now stands before the Court. The Return Judges, upon an enumeration of votes contained in all the returns presented to them, upon an aggregate poll of 87f156 voces, i opened that John Given had a majority of 322. Iu this enumeration were included that whieh purported to be the army vote of the lath Penn sylvania Cavalry, 58th Pennsylvania Volunteers, and of the 2d Pennsylvania HcTavy Artillery, amounting together to b29 votes. In tho complaint of the contestants it is charged that this vote is wholly fraudulent, and that it ought to be deducted from the 43,730 which the incumbent is found by the Return J ik. pes to have had polled tor bin; which would reduce his vote to 42,810, and thus would elect David i'. weaver by a maiority ot tiov votes. The evidence taken in support of the allega tions .ot lraud as to the army vote, establish beyond question or doubt, that this vote is wholly and most grossly fraudulent. That no portion of it is entitled to the least considera tion, except to require at our hands tho most deeded expresi-ion of our condemnation ot a lraud which, for its brazen effrontery, has seliotn had its equal, and which, tor the sake ot public morals, it is honed will never again be reheated. Whoever perpetrated this ioul wrong lias, so far as tbe testimony before us shows, succeeded. as yet, in shielding himself trom exposure and de tection: ana tne conaign punisnment wuich no K well deserves at the hands of the law; aitliough it is questionable whether, U known, the law would be sufficient to meet his cae, thi"rant as it is; for whoever committed this v holesale forgery, and succeeded in imptvdng it on tlio Return Judges, in all probability, did it beyond the. jurisdiction of this Commonwealth the returns having all been mailed at either New 1 oik or Washington. it is worthy of tho early and serious considera tion of the Legislature uow in session to devise, it in any way it can be done, some niodo ot guarding ngumst tho commission of a crime so easily perpetrated by means of the army voto, t uiiii iiv nuicu at hut mecnuu iuo uuuunv uuuiuc I ol a majority ot iho legal voters may be set r aside, and our elections De muuo tne sport ana 1 tlie pla thing of corruption or of bold aud defiant villany. It Is due to the incumbent John Given to say. thut in his sworn answer be emphatically denies all knowledge of the fraud, or participation in its commission; nor does tho testimony in any way connect himwitn it. nrre it oiuerivise, w e would hero bo disposed to rest the case j ap plying the principle, that he who would have equity meted out to him, must hira.self do equity; that bis bands must b.e clean, and no Court, we think, ought to consume the public time, in tho investigation ot a ktltlo to an otlice. which rests upon a flagrant fraud, in the perpetration of which the incumbent was a party; or the benefits of which he had taken to himself, with a knowledge of the crime The incumbent having purged himseli, by his solemn oath, of all guilt in this transaction, he is entitled to be allowed to prove his allegation of a noli of fraudulent votes for the contestant. and whieh he asserts were taken and counted for David P. Weaver, in the general return, more than sufficient to overcome his majority of U07 votes, with the army vote cast out of the com putation. Ii be can successfully attack any considerable number of votes cast lor David P. Weaver, so as to approach his apparent majority, based on our view of tho army voto, we will then open the door for an examination into the charges of misconduct of the election oilicers. But, be'oro ' doing this, we think that direct and palpable fraud should first be met with evidenco of spe cific traud. as to tho individual voters charged ' by bim as having voted at the last election tor tho contestant, excsding eleven hundred in number. It this canuot be done, we areol the opinion that -evidence should not, , in a case like to this one, bo allowed to be gono into Uh the view , of establishing certain general allegations, from which we are to be asked to inhr tiand, and upon which the entire vote of lour election divi sions are to be thrown out of the return, and this involving, as a necessary consequence, the dmiiancliibeuicDt of all the honest voters of these election divisions a consequence which may be the necessary result of tho rule, which we clearly recognize as well grounded upon reason and upon authority, and of wholesome policy, when a proper case urines tor its applica tion, but which we do not feel ourselves called on to enlorco at this time, nor at all in this cae, unlets the character and amount ot evidenco which we have indicated bIihII tint be submitted. 'io this order of prooi we will rlgi;lly a lhcro in the Humiliation oi the iucutnbant s testimony, mid with this emphatic enunciation, of thi course whicu wo have determined ti pursue, in the further in veigntiou of the came, we will be ready at an eurl day to begin the he iring, with a view to epised it to a prompt decision. Thoiels ono question which vet remains to be (eoHMdercd, and which uiuy'trieily 03 dis posed ct. Tho majority of tho electors of the Sixth, Seventh, and Eighth Divisions of tho Fourth Ward, aud of the Fourth Division of thoTwenty filth Ward,nr5 charged with having fraudulently divided thtir vote, at the elect on in October, lfcC4, lor inspectors ot election, so as to elect two of their own number, representing their own political views, with tho desicn to deprive tho minority of tho right to have an inspector ut the following electiou. Wo have bi'en unable to find in the law which empowers this Court to take jurisdiction of a complaint of an undue election, and a false return, auy authority to inquire into the truth cr falsity of such a charge as this. It is no part 1 of the election, the legulity of which is ques tioned by the.com plaint. If it should bo sho wn to be true that the voters niu a tear oetore no that w hich is a violation of the spirit and intent of the law, it cannot, we think, bo embrace 1 In this investigation, lor the reason os igned mat it is no part of tbe e.cction and return to whtcn tbo chargo ol fraud under the law cau bo mado to apply. But this point was decided In Mann's case; the reason there assigned whs that it such election be fraudulent, its validity cannot bo examined in ' a collateral proceeding, and tnar an election oi inspectors ol election cannot virtually bo nulli fied, and set aside' in such a proceeding as this. This allegation, whieh is contained In the ninth, tenth, eleventh, und twelfth specifications, must. therefore, bo stricken from eacn of them, as no evidence could Do received upon mis point. With this exception the answer of the incum bent stands as a valid and proper answer, and the motion to quash is therclore overruled. Cocet of Qcabtee Sessions Judge Ludlow. Ceorge Clark was acquitted of a charge of the larceny ol $50, preferred by his cousin, J. Bowles. Henry Woods was charged with stealing a horse and wagon, the property of John Sellers. William Harman testified that the oeiendant, a. short time alter the larecnyot ths horse and wagon, so Id the wagon to htm. Subsequently Mr. Sellers, of West Philadelphia, trom whose stable the property was stolen, identified tho wagon as bis. The horse was found In Eighth street, wandering about loo?e. The defense was that tho defendant had come by the wagon honestly, it having been brought to a stable iu his neighborhood by a man named Anderson and another. Anderson, it was fur ther alleged, had fled the jurisdiction of the court, and was not to be found, and that he was the real criminal. Tho lenglh of time that had elapsed from the time of tho larcejy, viz., August 18 to December 13, when the property was known to have been in the possession of the defendant, was urged In his favor, as rebutting the rule that he was bound to account tor the manner ol his becom ing possessed of it. The Jury acquitted on the charge of larceny, but found defendant guilty ot receiving the pro perty knowing it to have been stolen. PENNSYLVANIA LEGISLATURE. Senate. Harrisburo, February 16. Messrs. Connell, Donovan, and Ridgwav presented remonstrances against the Lombard and South Street Enabling Bill. Mr. Connell presented two remonstraces egainst Sunday travel, Mr. Worthington read a letter from Dr. Corsin, of Montgomery county, in which it is stated that the cattle disease is raging in that county. The subject was referred to a Special Committee of five. Mr. Connell read a bill authorizing paving on Woodland street. Mr. Ridgway. one extending the track of the Southwark Railway Company from Washington street along Uelcnaie avenue to Dock Street. Mr. Roger, ono allowing notaries to take acknowledgements relating to other prooerty than real estate. Also, a supplementary act de lining the boundary line between. Philadelphia and Montgomery counties. Tho Senate then adjourned until February twenty-seventh. Tbe Southern Associated Tress. Montgomery tAla). February 15.' The South ern Associated Press met here to-day, the meet ing being presided over by Mr. Clark, who was President of the association before tho war. Mr. Williams was elected Secretary. The con stitution was referred to a committee for revi sion, and after some discussion the meeting adjourned until 5 P. M., lor a permanent organi zation. Bold Attempt at Burglary in Reading. Special Despatches to the Evening 'telegraph. Pottstowx, February 16. Tho safe of the County Treasurer of Berks county, in the Court House at Reading, was blown open last night with gunpowder. It contained ten thousand dollars; but the burglars were disturbed bo'ore having secured tho money, and fled, leaviug all their implements behind them. Markets by Telegraph. Nbw Obi.kans, February 15 'otton dull at 45e i the stock ol Cotton in port is 190,0X1 bales. Gold, 138 J : cheeks ou Now Yoric a1 omcoimt. Mav YoitK, l-ebiu&ry 16. cotton ib dull at URSil cents lor middlings. F our bat declined 10 co.its lor Mate, fcslea of 7000 bins, at fftj'g&ujS. 20 for Shite ; $8'8&. lu 75 tor Ohio; ti'7o.8 80 for -Vemerni $8 70 (o 16 60 lor Southern : and 8 bio 11 50 for Canadian. Wheat and Corn dull; Bales unimportant Beef steady. Pork heavy at S28 5028 621 lor Mens. Lard dull. WhiBlty dull. New V oek, February 16 Stooki 'e bettnrlthls morning, but quotation! are lower iince the board. Chicago and Eock Island. 106; Cumberland ore. forred, 44 i Illinois Central, 1141; Miobigan (southern, 71;fNey York Central, IWfi Reading, lolj; Hud soniRtver, 104J ; Canton Gonipany, 444 1 Missouri 6, 87 it KrlB.eoi One-year Certilioat. b8Jt Tennessee oa, 904 1 Treasury J 7 8 10, Wt ; United gtatea Co, pon and ItogUtered 6-, 1U4; Wea era Union, 67j Gold, 187
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