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VOL. VI.-No. C9.
PHILADELPHIA, THURSDAY, SEPTEMBER 20, I860.
DOUBLE SHEET-THREE CENTS.
, , 11
THE ACCIDENT AT JOHNSTOWN,
Coroacr'a lnqeit-Later Detail Addi
tional Dent hi The Injured Letter
from Presltteut Johuaou and General
Oeary.
Johnstown, September 19. The Coroner's
Jury, sworn w inquire Into the onuses ot the
terrible affair at Johnstown on Friday of last
eek, held sessions on Monday and Tuesday,
and several days will probably elapse before the
testimony is concluded and a decision arrived
at. The Pennsylvania Railroad Company is re
presented in the conduct oi the investigation by
Cyrus L. rVrshinu, Esq., and the citizens of
Johnstown by A. Kopclin, Esq. A number of
witnesses have testified that they considered the
bridge dangerous, and the railroad station a
daatreroug plaee tor passengers to get on or off
the trains stopping at Johnstown.
Mrs. James Downey and Miss Mary Jane Irwin
died on Monday, making hve deaths since the
accident.
A correspondent, writing under date of Mon
day, says: "We havejboeii in consultation with
nearly all the physicians and surgeons of the
tx.roneh, and have received from them the in
formation that there will perhaps bo but few
amputations, if any. required, miles some un
expected chnnees, not now visible in the vic
tims, should take place. Some of the injured
internally are very low, with poor prospects ot
recovery, but the number is small, and there
are none yet given up by the physicians, except
Miss Mary J. Quinn, a very estimable young
ladv, who is not expected t. live through the
night, gangreue having set In last evening. Tho
accident might have been runco more serious,
had it not been fur Jacob A. Hairold. Just alter
the accident occurred, he heard the Express
coming west, and serine a flag irom the loco
motive of the Presidential train, hastened to
stop it ere It came thundering into the crowd
gathered on the track around the wreck. That
train does not stop at Jobnsto wn."
Condition of the Wounded on Tuesday,
The inlured in tho late accident are generally
doing well. There hns not been a single death
since the hour ot the accident, when three per
sons were killed outright. It is believed that
these vtere instantly killed. Mr. Metzgar wai
killed by the falling of a heavy piece of timber
upon his stomach, lie was borti in Dorks county
in 1811, and moved with his family to Johns
town in March, 1806, since which time, in con
nection with his sons, he litis ki-pt the Mansion
House. He was much esteemed ns a man and
a citizen. Uis age was tifty-tive years six months
and three days.
Nathaniel Duncan was a smart boy, about
seventeen years old, son of Mr. Samuel Duuoan,
who has been a resident ot Johnstown tor maav
years, and at the time of his death was engaged
at the cement mill and (ire-brick lactory of Mr.
A. J. Haws. ,
Mrs. Quirk was a married woman, born in
Ireland, and a resident of the neighboring
borough of Prospect. She leaves a husband
and several children. She was advanced in lite.
The little child, at first reported killed and
unknown, is Mary Trabert. She m doing well
' and will recover.
That portion ol the platform which give way
was forty-five feet long next to the steps, filty
two feet next to the railroad, thirty-three teet
wide next to the station, and tifty-tive feet wide
next to the township bridge (l'ormely the turn
t)rideeoftbe canal). The average number of
square feet was, therefore, 2134. Probably 1000
persons stood on this space, most of whom went
down. This pit is just twenty feet deep. At
least live hundred were injured.
In addition to our list ol names yesterday, we
find the following:
Miss Letiti Cannan, aged 18, seriously In
jurtd internally.
Walter Weaver, aged 11, ba ily bruised.
J. Goughnour, aged 31, leg broken.
Jacob Fend, acred 4.1, married, nose broken.
Tilly Pend. aged 17, collar-bone broken and
arm disabled.
Lucy Levergood, aged 17, arm broken.
Charles Carey, aged 47, married, cut in head
and injured in the side.
John Miller, aged 38, badly injured in body by
a spike.
Henry Heddrick, aged 48, married, shoulder
broken, and injured otherwise severely.
Maggie Heddrick, aged 11, slightly.
J. C. Riflie, aged 40, married, brutsed badly.
B. Kohler, , married, ankle dislocated.
Mrs. Jumes Downey died this evening from
her injuries. She was the wife of the proprietor
of the Perry Hotel, and was universally esteemed
by her acquaintances. She was upwards of
tiftv years old.
On the day following the disaster William
Flattery, Esq., Coroner of Cambria county,
fcummoned a jury of lnquet. The jury met at
the Council Chamber, in Johnstown, on Monday
evening, at six o'clock. Several witnesses'were
examined in regard to the came of the accident,
who testified that they have always considered
the platform as dangerous, and the Johnstown
station a dangerous place for passeueers to go
on and off the cars. It was alo proved tha
the three persons killed came to their death by
reason of the platform iriving way under the
gieat pressure of human beings congregated
upon it to see the President.
Without coming to any conclusion, the jury
ndjoumed to hold, an inquest on the body ot
Mrs. James Downey.
Lttteri from Andrew JoUuiou and John
V. tieary.
Altoona, September 14. D. J. Morroll, Esq.,
Jobnstown, Pa. Sir: I am requested bv 'Andrew
i Johnson (who deeply sympathizes with the families
who have suffered by the terrible accident at Johns
town to-day), to request that the enclosed amount
may be applied to the relief ot the most needy ot the
liereaved and wounded.
I am, sir, very respecuuuy, ruum,
Wit v i a u !
William G. Moore.
$500 enclosed.
Assistant Adjutaiit-Oreuoral.
" Johnstown, Pi, September 15.
V. J. Merrell, Ksq My Wear Sir: While on mr
way trom l'itisburjr to Uarrisburg this morning, I
was Bhockod and grieved t the intellisrence ot the
terrible aoclduDt ot yesterday. 1 Had among the
killed and wounded many of my personal lriends
and nmehbors, and I beg that you will extend to
the latter z.Jt to the relation" ol the former my
ben I-,!, sympathies. I enclose mv draft tor two
K.niired dollars, which I respeottully ask that you
will distribute among the sufferers as you may deem
proper. Very tiuly, your friend.
John W. Gkart.
Dick Tnrner Attempts Another Murder.
It will be remembered that a few months
since President Johnson pardoned and released
Irom Llbby Prison the notorious Dick Turner,
the former keeper of Libby, in which position
he became notorious tor the inhuman, brutal,
and murderous treatment of Union prisoners
during the Rebellion. From the following para
graph from the Richmond Zimea of Monday, It
will be seen that Richard is determined to keep
his hand in in his old business:
Some excitement was created In the neighbor
hood of Fifth and Leigh streets, about 2 o'clock
on Saturday afternoon, by a succession of shots
f0ur or live In number which were fired by
Mr Dick Turner, a resident of Richmond, at
Joseph Huckings, formerly of New Hampshire,
butlwho has been sojourning here lor some time
back. From all which could ,be ascertained, it
ii,i. Mime words ensued between Mr.
Tnrner and Mr. Buckings, on the premises of
Mrs Carter during whicn tne laiier aenouncea
Turner as" a "d-d Rebel ," whereupon
Ik. . .i a amall seven-shooter and cracked
iwav Upon the presentation of the pistol
HuckingB started off at a race-horse speed, re
viving the last four shots in his rear, while
J?'2.2 in hot tmrsuit. None of the loads
took effect, however. Subsequently Turner was
umted and carried to the station house, where
Jwaa admitted to ball in the sum of $600 lor
jbie appearance pciwv ,uv
WHAT THE MESIDEJiT CAS DO
The Executive Appointing Power
Opinion of Attorney-General
Stansberv The Presi
dent Can Fill Any
Vacancy, Etc.
Attokney-Uknbral's Office. August 30 Hon.
A. W. Randall, Postmastor-ftonera.. Sir: 1 have
considered the question whico )ouhave submuted
for my opinion tl at if to say, whether in cases
where ai pomtmecM have been mane ot poBtmntors
in the recess nor to the la-t session of tho Senate,
and there was a tai.ure during tbe sewlon tolmtUe
a permanent appointment, either by the retinal of
the henate to confirm the kommee, a failure to aoc
on tbe nomination, or other cause, tbe Prcmdont
cau make another temporary appointment in tho
present recess, t he ciause oj-o Constitution
under which the question srmias follows:" I'ne
President sbali barn power to fill up all vaoanotos
that may happen during tho recess of the Senate,
by framing commissions which snail expiie at the
end of their text sesMon." From the facts stated
it does not appear that there was a vacancy until
alter ihe session was over. In the sequel 1 shall
Spain relor to this position, but as some calm that
the vacancy does happen within tho moaning of tha
Constitution betore tbe lecess, 1 propose to consider
the geuoral question whether the President can fid
up a vacancy rn tbe recess, which existed in tho
prior session.
1 sm lioi aware of any decision of tha Supreme
Court that has any direct buanuir upon this ques
tion, it has, however, f requently boon uasod upon
by my predecessors. Mr. Wirt In 1823, Mr. Taney
lu lb32, and Mr Lepare In 1841, concur in opinion
thiit vacancies lirt occurring during the session of
oi the Senate may be tilled by the President in tbe
recess. Mr. Mason, in a short opinion riven in 1846,
beid that vacancies known to exist during tho ses
sion could not be tilled la the recess; but In a
more elaborate opinion, written in 1816, he
expresses geuoral concurrence with his throe
piedecessors. All these concurring opinions
give a construction to tne meaning of
the words, "Vacancies that may happen
during the recess of tho Senate," and, as I under
stand them, they agiee that tiiese words are not to
be coniiued tovacances which first occur durlfg
tbe recess but may apply to vacancies which lir.-t
occur during tho session, and continue in the recess.
It may be v ell at this point to bring In review so mo
ot the contingencies which may attend a vacancy In
tbe lece s which first occurred during the stsnon:
Iirst, it may not become known until the lecess a
contingency which olteu occurs uy the death ot in
cumbents at distant points. Second, it may havo
occurred by the lailute of the Senate to act upon a
nomination.
'third, or upon a nomination or confirmation
where tbe par. y so nominated and confirmed re
luces, in the recoss, lo ncccot the ollico. fourth, or
by rejection ot the nominee ot tho President in the
last hour of thesesiou. Filth or by the lailure ot
the President to make a nomination during i he sos
sion, or alter a lejoction ot his nominee, xou will
obherve that I buvo put in iliis category tbe cose
stated in your lotter that is to hay, where, alter an
appointment bv the President in the recess and a
nomination ut the next scsioii, there la a lailure of
tho senate to confirm the nomination lor want of
time oi any uthor cause. It is not o ear that the va
cancy which exia.s attcr the adjournment of tho
Senate can be said to have cccmieu during the ses
sion I he appointment fills Ihe office, and the language
ot the (jonst.i i1 Hon is that "it shall expire at tne
end oi their next sossiou." It was upon this state of
iKCts that Air. iano? gave his opinion in 1832, and
held on this point that "the vacancy did take
place in the n ces." aud that ''the lormor appoint
m ut continued during the sission.aud there was
no vacaucv until tne session adjourned." As this
construction has been unquestioned, 1 do not pro
poo to stop upon it, out will prooeed to advance my
opinion on other ground, independent of the ques
tion whether the vacancy occurred during the
session or during tbe recess.
Ihoke who argue for tbe construction that the va.
canoy to be filled by tue Pre-idunt mu-t lir-t occur
iu the recess, claim that such a construction arises
iuovituUy by lorco of tbe word-, '-All vacancies
that may haprjeu tlunnc the recess ot the Senate."
They claim that a vacanoy which ooes not liiBt occur
in the reoess cannot be s.id to happen in the recess,
lt.istho to.utof timo when a vacancy begins thaf,
tbey say, is to be considered. This is one reading of
this section, and so far as the mere letter Is con
cerned, it is perhaps the most obvious. But even if
we conhiio out solve to this section alone and to its
liteial interpretation, there is room for grave doubt.
Ihe subject matter is a vacancy. It implies dura
tiona condition or state of things which may exist
lor a period of time. Can it be said that the word
"happen," whon applied to suoh ajsubjoct, is only
properly applicable to its boglnningr
1ft bis word is used in reference to an action or
event.tbat takes place at a punctual point of time,
it must necessarily be confined to tbat spec.al hour;
but a vacanoy is not such an event. It has a be
ginning, it is true; but it neoessarilv implies con
tinuance. It Is precise y tbe same thing from the
beginning to tbe end, during the period ot its dura
Hon. II we mark tne time of a single action, we
say it happened at tbat tune ; for it could not be said
to bave happened at any other; but whon we speak
of such a suhject as a vacaucv, we must use some
other teimtomark its beginning; tor It mav well
be said to happen at every point of time that it
exists. I incline to think, upon tbe mere words,
that we might construe them precisely as if the
phrase weie, "if it happens that there Is a vacancy
in tbe r cess," or "if a vacanoy happens to exist in
the reeess."
'ihis, upon the words alone, was the construction
put upon this section by Mr. Wirt, and since fol
lowed by all bis successors in this offioe who have
expressed an opinion on the question. .But the rules
of construction do not confine us to the woroa ot the
section, and do not compel us to adopt a construc
tion according to the mere letter. When we look to
otber sections of this article, and to tne reason and
policy ot this enactment, all nice criticism must
give way to more enlightened construction. It lain
the arrangement oi executive power that we en
counter this question. First ot all, it is tho Presi
dent who is made tne recipient oi this power, l'he
grant ts iu these words: "Ihe executive power
shall be vested in a President oi the United States."
Uy another section it is provided that "he shall take
care that tbe laws be laithfully executed." Now it
is the very essence ot executive power tbat it should
always bo capsule of exercise. Ibo legislative
power and the judicial power come into play at in
tervals. There are or may be periods when there is no
Tn hi at n re in session to pass laws, and no court in
session to administer the laws, and this without
public detriment; but always and everywhere tho
power to execute the laws is, or ougat to be, in full
exercife. 'l'he President must take care at all times
that tbe law be lanhiully executed, mere is no
point of time in which tne power 10 oniorce or exe
cute the laws may not be required, and there
should not be any point ol time or interval in whioh
that power is dormant or iuoapable ot acting. It 1b
in view of this necessity that another clause of
this article makes carelul provision against
a vacancy in tbe oflioo of President, by pro.
vidiug that upon tne deatn, ro ignatiou, or re
raoval oi the President Irom offioe, tbe powers
and duties shall at once devolve upon the Vioe
l'resideut, and bv enjoining on Congress to make
further provision, in case of the death ot the Vice
President, as I o what other oilloer shall thon act as
President until another President shall be eleoted.
If any one purpose is manliest in the Constitution, if
any one policy is clearly apparent, it is that in so tar
as the chief or fountain of exeoutive power is con
cerned, there shall be no cessation, no interval ot
time, when there maybe an incapacity of action;
but the President, although the source of Exeoutive
power, cannot exercise it all himself. It is com
paratively but an infinitesimal part of all that Is to
bedoneorexecutedthatbecan porlorm. lie must
act bv tbe agency ot others. Accordingly, we find
ample provision made for this purpose.
lue executive power vested in the President by
the Constitution has, in many respects, an unlimited
range, extending over a time of war as well as a time
oi peaoe. lie is made Commander-in-Chiot of tue
army and navy and ol the Ktate mi itia while ia
actual service of tbe United States. All our foreign
relations are conducted by officers of his nomina
tion; to, too, all our mili ary and naval ollloers; and,
finally, our lvl nUnnn avnrirurlmrA. Whether iudl-
oial or strictly executive, are, with the exception of
uuin mienor omoer, to be nominated oy mm. xiu
oilier branch or department of the Government
snares with tbe Pretiidniit this nowttr to nominate.
It ia true that the President does not create the
offices. That, In general, Is part of the legislative
power; but tbe mors legislative creation of an offioe,
and tbe provision bv law tor tha dutlna to be oer-
formed by the officer, do not pat the officer la viae
or the law in execution.
o (natter what naj b, tit fcecemity, tbe www
to till the office Is not vested in the legislative de
partment So, too, it Is equally true tnat the Presi
dent could not execute the dalles ot the otneer him
self. He cam ot sit as a judge or perform the duties
ofamarsral. These, like most executive powers,
can only he executed by one agent that is to sav,
by the designated officer; and this officer oan only
bo put in place upon the nomination of the Presi
dent. When, then, wo see that the Coustituiiou
vets the excou ive power in the Piosldent, and
vests In bim aione tho power to appoint ollicorsto
eerclse the power, and reqi ires oi bim alono nor
of Congress nor the Senate that be take care that
tie laws be faithltilly executed, wa would hard I v
expect to And his handi tied by a section which
wunld frustrate all these provisions. And vet this
is the neccary result ot the verbal construction
wl.tch I have mentioned; tor that construction
picvents the President from filling any vacancy in
any office dnring the recess of tho tionate, uuless it
be a vacancy which first occurs in the recess.
Now, when the Constitution guards witn so much
care against a vacancy in the effioo ot fresioent,
hew dees it happen that tho only agency through
nblchthcProsidtntcanaot there is found a pro
vision exactly contrariwise that a vacancy in suoh
agenov shall continue, and that, for a lime, longer
oi shorter, there Is no powor to fill it, no matter w'lat
may be the emergency, or how much the poblio
inierotts may suffer T In other words, to go accord
to this verbal reading, thero may bo tiraos when
the Executive power is dormant and muse romain
dormant, times when the President cannot act him
self and cannot appoint any officer to act, and during
which tbo execution of the law is so far suspended.
'I ake as an example the ca-ie of a foreign minister at
a i istant court, ennrged with Iho most important
uui.es, pressing tor aitotifion at a critical couiuno
tuie, whota office becomes vacant by his death
tlimng the session of the Senate, but the vacancy is
not known by tbe Piesident until aiter the adjourn
in nt.
lieie is an ins'anco of a vacancy which first occurs
during the sess'ou, ana which upon t .is oousiruo
nou cannot be flUcd in the recess, lake another
example the death of a head of a department, just
on the ivo ot the adjournment of the Senate, with
out time tor a new nomination or the rejection of
the noniince, followed by an adjournment, ia the
President to bo lolt dunng tho recess to carry on
the (jovtrnment without tue very aid contemplated
by tbe Consiitutionf 1 might multiply cases to
show the consequences to vihioh the verbal con
struction leads, out I prefer to rest the question
upon higher grounds. Iho true theory ot tao Con
stitution in this particular seems to me to be this :
Hint as to the executive power, it is always to bo in
action, or in capacity for action, and that to meet
this neeetsitv there is apr tcction against a vacancy
in the duel' exeoutive ollico and sgainst vaca -cies
in sll the subordinate office, and at all times there
is a power to 111 such vacancies It is tho President
whose dnty it is to see that the vacancy is fillod.
J i the denote is in session thov must assent to his
l omination. It tbe Senate is not in session the
President fills the vacancy alone. AU that is to
be looked to is that i here is a vacanoy, no matter
where it first occurred, and tnere must bo a power
to till it. If it should have been filled while the
Senate was in session, hut was not then filled, that
om ssion was no excuse lor longer do ay, for the
pub'io exicencv which requires the officer may be
as i ope n i and more cogent during tho ieces than
during tbe session. 1 repeat, it, whenever there is a
vacancy there is a powor to fill it. This powor is in
the President, with the assent oi tne Senate, while
that body is in session, and in the President alone
wi en the Sonato is not in session, There is no
reason upon which the power to fl I a vacancy can
bo limited by the state of things when it first oo
cm red. On the contrary, tbe omy inquiry is as to
the state ot things when it is tilled. For instance,
take tbe caso ot a vacancy wh en does first occur
during a recess, but is not filkd whon the session
begins.
li the verbal construction is sound, such a va
cancy may be tilled by the President without tho
convent ot the Senate while the Senate is in session,
but no one maintains that position. All admit tuat
whenever there is a vacanoy existing during the
session, wheihor it first occurred iu tbe recces or
after the session began, the power to fill requires the
concurrent action of the President and tionate. It
seems a nccoarary corollary to this that where the
vacancy exists in the recess whether it first oc
cunod in ttre recess or in the preceding sos-ion, tho
power to fill is m the President alone. If during
the re cose the power is not in tue Prostdont it is no
where, and there is a time when for a season tho
President is required to see that tho laws are exe
cuted and yet denied tho very means provided lor
their execution. It is arcuod by those wbo deny
this power to the President, that to allow It would
disappoint the clear Intent to give the Senate a par
ticipation in appointments to offioe.
It is said that It the President can by bis own act
fill a vacancy whicu occurrod during the session, he
may, if so d imposed, wholly omit to nominate an
officoi during the session, and leave all such vacan
cies open and then till them in the recen Un
doubtedly the President may do all that and may
intentionally auuBO his power. The answer to this
objection is obvious. In tbe first place, it may be
said that arguments against the existence of a power
founded on us possible aDuse are not satisfactory,
it they were, then an objection against any control
by the Senate over the President s appointments
would be equally cogent, lor we may imagine that
tbe Senate might refuse to consent to every atiDoint-
mem made bv the President, or to any appropriation
to pay the salaries ot officers, and thus leave tbe Kxe-
cutwa without power to execute the laws, in the
second place, ll this argument, lounded on the dossI.
Die House oi a power, is sound, men it may equally
wen w urgeu ugaiusi mo power ot tne resident
to make removals, for it may be imagined that after
the adjournment or the Senate the Preident, in the
recess, may remove every officer, civil and military,
whoBe tenure ot office is not during good behavior.
and thus create vacancies in tne recess, all to be
hlied by his own appointment. As these appoint-
uiruis mo iu TOunuue unui mo en a oi tne next ses
sion ot the senate, tbe 1 resident might omit to
uiuKe any nominations to the senate, and then In
the ensuing recers reappoint the sain- or other offi
cers, ana tuus tnroupnout nis term ot office defeat
entirely anv participation on the nartof the HnnatA.
1 take it lor granted that this unlimited lower of
remuvui uuiuugs 10 me i resiaent, tnough 1 am
quite well aware that tome are si ill found to donv
it, and to reiterate arguments used without avail
lor nearly eighty years, and to keep open a question
settlea by usage from the commencement oi the
Government. This very power of removal comes
with signal force in aid of the power of appointment.
if the President can make a vacancy at all times
he must have the correlative power to fill the vacanoy
at all times. To avoid tho miscuiof oi a bad officer
ne uaa ai an iimes tue power to create a vacaney;
Dut It may oe as great, perhaps a greater mischief,
to have a vacant office or no office at all. than tn
bave a bad or inefficient officer. Whv. thon aiinv
him at all timos the power to correct the mischief of
a i au ojiicer uji removal, ana aeny mm tbe power
at all times to correct ihe mischief of a vacancy oy
an appointment f The argument against tne power
ot the President to fill a vacancy in the reoess
whioh Legan in tbe seseion, lounded on a sup
posed intent to guard from usurpation by the Pre
Mcent the proper authority ot the Senate, amounts
to nothing when we consider how thoroughly this
may be done under the power of removal j for what
is the dillorenco between a vacancy which hnonnin
tho spssion, or was caused in the recess by the act of
And if. bv the nower of removal, nil tha annnint.
mtnts may be usurped by tho President, why look
lor guards in only one particular, and suoh a guard
as creates perhaps a greater mischief than it i.r.
vents For it seems a greater evil to be without
oilicers (U together than to have offioers who ho d
only by the tomporaTy appointment of tue Presi-
aeui. i say oy me temporary appointment of the
i rosiaeui, ior in sinot language the President can
not invest any officer with a full tale to the office
without the conouirenoe ol the Senate, Whether
tho President appoints in the cession or In the recess,
ho cannot and does not fill the nfllnn without tne
concurrence of the Senate, He may fill the vacancy
iu iud rt-uesB, uui vuiy uy an appointment waicn
lasts until tho end ol tbo next session, h nr mstunoe.
in filling the office ot Judge, whose tennra Is in effect
for hie, his appointee can only hold for a traotion of
lime, do, too, ia me case ot a marshal, whose regu
lar term is tour years, the officer appointed to fill the
vuuBuuy cuu scarcely uom lor an enure year.
Here, then, is the sate and only guato which pro.
tects the Just rights of the Senate iho ovnre.s pro.
vision that an appointment made in tbe reoess shall
only extend until the end of the next session oi the
Senate. This protection applies enuail to all ap
pointments lo the reeess, whether to fill vacancies
then first occurring or that first ocourred during tha
session. It is ample provision to manure, tha senate
from everything except an abuse by tbe President
ol his own constitutional powers of removal and of
tilling vacancies, uy so exetoislng them as inteu
tionallv to frustrate tha innmnhnn r tha Hanate.
We must not forget that this power of appointment
to offioe Is essentially an KxmuHvs tuuotion. It
belongs essentially to the Executive deportment
rather than to the leaialatlvA nr ludiniuL
if no provision on the subjoot had been made by
me vonsuiuuon it would bare bean neia appw
tenant to me resident, as tha bead or tha Kxeeu
tfr Aeprtmn,t specially charged with the cieca-
ob of Ihe laws. Hence his power at all times to
vacte on ess and to fill vacancies. lie can, by his
own act, do every thing but viva lull title to his ap
pointees, and invest with full right ta bold dnring
tne onioiai tetm. mat be eannot do wnnout tne
consent oi the Senate, bnt such is his power over
officers that after the Senate has consented to bis
nominatirn, or, in common parlance, has confirmed
It, the nominee is not yet lullv appointed, or even
entitled to ihe offioe; for It still rema ns with the
President to give him a commission or to refuse It,
as be may deem best, and without the commission
there Is no ippolntment. This was bold by the
supreme vonrt in Marbnry vs. Madison, and when
to that decision we add the doctrine recognized by
tl'O umn C'mirft In nnm, .. MA .AA n A,llw
the appointment and removal ot officers is held to be
a nccestary incident o the hxecntive power.
Final y, when I consider that the construction
which denies tbe President tbe power to fill a va
cancy in the recess which first occurs in tho ses ion
extonds to all such vacancies without exception, as
w. II to those not known nntli the recess as to those
known before, o those occasioned altogether by the
noe-lect or failure of the Sena'e to assent to a nomi
nation, or to act upon a nomination ; to those wnere
the isult Is with tne President, I cannot escape the
conviction that such a oonstruct on is nn-ound. I
am accordingly of opinion that the President has
mil ana innoprnoent power to fl'l vacancies in the
reeess ol the Senate, without any limitation as to
the time when they first occurrod.
J nave tne honor to be very respectfnl y,
11 hurt StRbp.ry, Attorney-General.
FROM BALTIMORE TO-DAY.
Great Dissatisfaction with trie Nomina
tions of the Johnson Party Register
of Voters Completed Death of a Vete
ran, Etc.
SPKClAt DESPATCH TO EVENING TELEGRAPH.
Baltimore, September 20 The Conservative
Johnson party met last night, and nominated
delegates to represent Baltimore in the State
Senate and House of Delegates. Many of the
nominees are old, hackneyed, played-out politi
cians, whom decent people will not support.
So much dissatisfaction exists that Democrats
talk of making a straight-out Democratic nomi
nation. Tbe Registers have closed their books, and
the whole number registered iu the city this
year is about fifteen thousand.
Captain Samuel Child, a prominent old de-
fei deratthe battle ot North Tolnt, died yes
terday. The Odd Fellows' Grand Lodge have agreed
o hold the next nnnual session in New York.
The Foreign Corn Quotation A Mistake
.
Vurruvieu.
New York. September 20. Bv an error of tho
coDvist. the Drice of American mixed western
Com at Liverpool on the 18th inst. is published
n the Cable telecram thi9 morning, 27s. 6d. The
true price is 27s. Od.
FINANCE AND COMMERCE.
Office op the Evening Telegraph, I
Thursday, September 20, 18G6. (
The Stock Market was inactive this mornine.
but prices were well maintained. In Govern
ment bonds there was very little doiug; 10-40s
t oia at !', no cnane; ui was Did ror old 5-20;
111 for 6s of 1881: and 10510G lor June and
August 7'30s; State and City loans were dull;
old City 6s sold at D5, no change.
Kallroad shares continue ihe most active on
the list. About 2000 shares of Catawissa pre
ferred told at 2930, closinqr at tho former
rate, a decline ol J; Pennsylvania Railroad sold
at 56$, no change; Nurnsiown attiOJ, no chance;
Keadinfr at 67j, a slight decline; and Lehiizh
Valley at 66, no change. 128 was bid for
Camden and Amboy; 67 tor Mineliul; 39 tor
North Pennsylvania; 30 for Elmira common; 42
lor pre'errea ao.; 33 ih I'nuadeiphia and Erie;
40 for Northern Central.
In City Passenger Railroad shares there was
nothing doing. 88 was bid for Second and
Third; 46 for Fifth and Sixth; 64 for Tenth and
hlcventh; 64 for Chesnut and Walnut; 68 for
West Philadelphia; 17 j for Hestonvillc; 30 for
ureen ana uoares; ana ut ior uirara college.
Bonk shares were firralv held at foil nricea
but we hear of no sales. 140 was bid for First
National; 226 for North America; 147 for Phila
delphia; 66 for commercial: 321 for Mecha
nics'; 100 for South wark; 90 for Kensington; 66
tor renn Township; 68 tor Girard: 321 for
Manufacturers' and Mechanics ; 100 lor Trades
men's; 67 for City: 68 for Corn Exchanee: 64J
A V Y . I -
IU1 Dill Oil.
In Canal shares there was very llttlo move
ment. Snsouehanna Canal sold at 14. an ad
vanceofj; and 8chuvlkill Navigation preferred
ni KfiS Tin frtn.na0. voaa ivM fat rrm mnn
664 tor Lehigh Navigation; and 66 for Delaware
Division.
There is no material chanee to notice in the
Money Maiket. Loans on call are offered at 4(g)
o ft cent, t-rime mercantile paper is in demand,
ana ranges at irom otrgts cent, per annum.
Quotations of Gold 104 A. M., 145i ; 11 A. M.,
, . T . mr fill, i n ir .n. ' '
nij; H oi., i r, ol., mt
PHILADELPHIA 8T0CK EXCHANGE SALES TO-DAJ
Keportea DylMuavens ra, No. 40 8. Third street
FIRST BOARD.
920000 U O 10-408 COUD 119
(teauo Citv us, old its. 06
fl000 do. ..now.. W
.lU00vTartcFra7s.. 81
S600 Sch Nav Bs 82 . 84 J
$7(100 iSusq Cn bdsb6 60
fclOUOC & A 6s 76.. 91 i
SoObH 8usq Can.. Its 14
61 sh Pa K....IOIS.. 66
10 sh Nornst'n It. . . Wi
100 sn Heading . .S0 67 j
60 sh LeU Zincs6wn 18
100 ah Catapt....b80 80,
I
100 sh do 8i
100 sti do .06 80
100 eh do 80
800 sh do.. ..lots. 29
1(H) sh do 30 291
100 sh do r80 29,4
600 sn do... lots.. 29
XUUBI QO 88U zu
600 sh ao ...lots. 2U1
21 sti Lea Val.. Iota 66
200 sh Keystone Zino 1
Messrs. De Haven & Brother, No. 40 South
Third street, make the following quotations ol
tbe rates of exchange to-day at 1 P. M. :
Buyma Selhno.
American Gold ..144)
American 8 liver, ia and is. 186
Compound Iuterevt Notes :
116
June, is4.
July, 1864. .
Aufrust, 1864..
October, 18K4..
Dee., 184. .
May, 1866. .
Au?ust, 1865. .
Sept., 1866. .
October. 1866..
lo
16
14
13
11:
r
Hi
Philadelphia Trade Report.
Thursday, September 20. The Flour Market was
quiet to-day, but with a continuation of light receipts
and stocks, prices were firmly maintained. There
was no inquiry for exportation, but a moderate de
mand tor home consumption. Sa'es of 2900 barrels,
principally Northwestern extra family, at 11 60
12 60, including 2008 barrels ehoioe Ohio on secret
terms; small lots of superfine at S7 609j old and
new stocts, extras, at eftgll; 100 barrels choice
Ohio extra family at 815; and ftinoy brands at im
18, according to qua'ity. ltye Flour is quiet, witu
mall sales at 66 20. Nothing doing in Corn Meal.
tnere Is no perceptible change to notloe in the
Wheat Market. The offerings are small, and the
demand limited. Sales of 1600 buohels fair and
choice now Southern red at 2 76cqj2-80i White
ranges from $2 00 to $8. Hye is Quiet, with small
!,w,l i w8"?,"1 ' 90o-.and Pennsylvania at
i oottl ltj. Corn is in good demand at an advanos.
bales ot 4000 bushels yellow at 06o. and 2600 bustieli
Western mixed at 08o. Oats are In steady demand,
with sales ol 6000 buBheia new Southern at 68&640.,
an advanoe,
. V'!erd is selling in a small way at 6 KM?
7-60 64 lbs. Flailed U soiling at W76a8 80,
ant) Timnthw mi aa.u.a.oit '
I Whisky is nnchsjiBed. Small sales f renaeyl-
rtuila at t3 87, ad Ohio at VISU&i W, M
THIRD EDITION
FROM RIO JANEIRO.
The War Between Brazil and
Para
snay.
A DESPERATE BATTLE.
The A. llicH Defeated,
4200 KILLED AND WOUNDED.
New York, September 20. The steaner Xorlti
America brings Eio Janeiro papers to August
25th. The advice from the river Plate report
fighting of the most stubborn and sanguinary
nature on the 16th and 18th of July, causing a
lots of 4200 killed and wounded in the allied ar
mies, and an approximate amount in the Para
guayan army, the latter fighting chiefly within
intrenchments, and consequently losing less.
The affair arose from the determination of the
allies to dislodge the Paraguayans from a posi
tion they were fortifying on a hill, which would
have enabled them to endanger the allied left
and rear.
The Paraguayans were surprised and driven
out at daybreak of the 16th, by a brigade of
Prazilians, after a short fight. The victors
ther advanced to assault the Paraguayan works
in the rear, but were received with such u tire
that they were forced to abandon the attempt,
and confine themselves to the defence of the
work they had taken.
This was sucesefullv done, notwithstanding
two tierce attacks made by the Paraguayans,
and the storm of missiles poured on the posi
tion, but the victors suffered considerable loss,
ami the troop9 under tire were relieved several
tin es during the day. The next day parsed
without lighting, but a reconnoissance made to
uncover tbe Paraguayan movements and works
was changed into a general assault of
the next line of the Paraguayan fortiiications,
which was carried out recovered, and again re
taken; but tinally.al'ter a very heavy tight, which
involved almost all the forces on both slde9, the
allied commanders recognized that success in
thiit direction would be too dearly bought, and
their troops were recallecl,retiring in good order,
ithout being pursued.
The Paraguayans, however, made a dash, with
cavalry, on the Argentine flank on the right,
but were repulsed, and the fighting ceased on
both sides, the works captured on the 18th re
maining in the possession of the allies. This
was strengthened and armed with heavy cannon
and morlars, and is likely to be of great service
to the allies.
The Paraeuayans continued up to the 18th to
send down torpedoes, and on tho 14th and 15ih
two explosions occurred so near the leading
veseel of the allied fleet as to shake her
severely. A boat was blown up and eight per
sons were kineo.
The second Brazilian army, 0000 strong, tinder
Porte Alearo, had been incorporat?d with tho
allied forces; 2000 or 3000 convalescents had also
joined. Further reinforcements had also been
demanded, and are expected from the Brazilian
and Argentine provinces.
The Argentine Congress was expected to in
crease the export ana import duties.
A Brazilian traport Bteamer has been lost
in the Plate, with all the people on board, as
well as 150,000 sovereigns.
A dreadful tire occurred in Reca de Quilando,
Rio Janeiro, August 23, owing to an explosion
oi powder kept on the premises. Three persons
were killed, and several seriously wounded.
Coffee at Rio was more active. Sales for the
fortnight 85,000 bags, at an advanco of 200 "3)30 D
rcis per arroba of the finest grades. The s im
plies from the interior were limited, and tbe
s'ock reduced to 40,000 bags, a large portion
interior.
The new crop Is estimated at 2,600,000 bags.
The market closed quiet. Washed, 76(K)(ff)9200;
superior, 7200(317600; eood grists, 68()069l)0.
Exchange on England higher and firm at 2 id.
Money was abundant at 78 $ cent.
The United States gunboat Wyanda, from
Baltimore for California, arrived at Rio
Ausust 7th.
Tbe steamer Montauk, from New York for
California, arrived at Rio August 21st
The Storm In tbe West.
Cincinnati, September 20. The rain storm
.continues, and with the exception of the Little
MHmi and Marietta and Cincinnati, every rail
road leading out of the city has been damaged
to such an extent as to interrupt the running of
trains. The Indianapolis and Cincinnati road
have lost three bridges, but one most important
one, over the Great Miami, has so far escaped
Tho Hamilton and Dayton and Atlantic and
ieat Western Railroads are interrupted at Elk
creek. The Dayton and Michigan Railroad has
lost three bridges; the Indiana Central has lost
three between Cambridge city and Indianapolis;
the Chicago and Great Eusteru Railroad is
dnmagd between Richmond and Chicago, bat to
what extent is not known.
The trains were withdrawn on both ends
this road yesterday. The Columbus, Piqua,
and Indianapolis road lost its great bridge at
Piqua, and a portion of the Ohio and Mississippi
Railroad bridge overthe Great Miami is down.
It ihe storm subsides it is thought most of the
roads will be in operation again by to-morrow.
Unprecedented.fresheis arcjreported on all sides.
The White river was two leet higher yesterday
at Indianapolis than in 1847. Tho White Water
river is reported 7J feet higher than In 1847.
Tbo great cornfields along the bottoms oi the
Big Miami have suffered considerably, the water
being over the tops o the highest cornstalks.
Scores of miles offences have been carried off.
The Scioto at Columbus overflowed its banks,
inundating the whole valley west of the river
and north of the National road. Many families
have been driven irom their homes, or com
pelled to aeek shelter in the upper parts of their
dwellings-
A despatch from Dayton says the Miami and
its tributaries are several feet higher than
in 1848. 7,
The lowest part of Dayton is submerged. The
village of McPhersonville, across the river, is
ten feet under water. Three men were drowned
at Piqua and one was killed by the falling tim
bers of the bridge. The Ohio river has risen
three iet in the last twenty-four hmoK 1
I MANAGED MY CHILDREN
PROM
INFANCY TO MARRIAGE.
BY
MRS. WARREN.
author or
'HOW I MANAGED MY HOUSE OS TWO HTJS
DKICI) POUND A YKAR," "COMFOBT
FOE SMALL INCOMES, ETC.
continued raoit Wednesday's bvbmfno telegraph.)
CHAPTER IX.
A Eusinosj Occupation Necessary for Girls-
Marrying for a Home Not a Happy Proceed
ing The Duty of Parents to Give Their Daugh
ters an Opportunity of Marrying The Btory of
an Old Maid The Seltiahnojs of Pareata How
to Increase a Circlo of Acquaintances.
Alice was now eighteen, and Mary a year
younger. 1 was denrous tnat Doth should be
made economical ana industrious, out not lussy,
housekeepers. Alice was useful, quiei, and ob
seivsut; out home duties did not Btifllce for
Jlaiy. in me conversations witn my nusoand
about our girls I was very anxious to give them
some employment by which in the future Ihey
might, it needed, maintain themselves. Alice
was an .adept at ner neeaie. it was sue who
helped the dressmaker, who wo always hud
each spring and tall of the year. Miss Roberta
was rue oaugineroi respcctaoie parent, ana
had learned her business thoroughly; so I made
an agreement with her that for a stipulated sum
she should show my daughters how to cut out and
fit a dress. Mary had a mathematical turn of
mind, and very soon reduced the desultory in
structions for cutting out into something like
iule; tor every turn and twist ot the pattern she
could give a reason, but she hated the needle.
She was always sketching on every bit ol paper
or white wood, and even on her nail If no better
material offered. There was 110 thoueht of
making her an artist, but I certainly pondered
veiy much over ner future. One day Mr. Hen
don, of established fame o a copper-plate en
graver, paid us a visit on his way into Devon
shire, and during his slay came acrons several
ol her sketches.
"What a capital engraver' you would make,
Mif s Mary 1" he said.
These words were like firing a train of gun
powder. Immediately I asked:
"Do you think she would ever make a living
by it?"
. "Most certainly, at wood-engraving, it she
needed it," he replied, looking up in some sur
prise. ,
"Well," I said, returning his look calmly,
"Mr. Norton and I both think it better that girls
should have something to interest them some
thing to render them independent of marriage,
it a suitable union cannot be attained."
"You aie right," he exclaimed. "The number
of marriages which take place without a spark
of true affection in them is something fearful,
just because a man offers a home, or bccati"e
girls of middle class have no resource in them
selves against either penury or ennui. Every
girl should be able to face ill-fortune; she is
none the less fitted to adorn all the good that
may beiall her."
Without entering more fully Into the details
of this business, it was decided, with Mary's
earnest desire, that she should become a wood
engraver, if after a month's trial she liked the
occupation. For this it was necessary to be in
or near London; but how was it to be accom
plished ? Ultimately, we fixed that in tbe spring
of the tucceeding year I and Mury 6hoald go to
London for bix weeks, and try the experiment of
finding some one with whom she could reside
while learning tbe art tbat was to bring her a
competence, if not fame. The latter word was
suggrstive of temptation, which I put behind
me, for the memory ot niy beloved Dot had not
faded in the least.
Through the winter we employed ourselves in
household matters, kept up our readings, music,
and drawing. We even discharged our cook,
and took a good general servant; this not being
done so much Irom a motive of economy, but in
order to make my girls: good housekeepers. I
lully knew the value of this acquirement, and
was determined that my earnest efforts should
be directed in this channel. I sought in vain In
all the cookery books tor some simple but cer
tain rules lor cooking. Recipes there were in
plenty capital mediums for waste, with doubt
lul results; but whether hot, boiling, or cold
water was to be used for cooking particular
things, we were generally lelt to our own sur
mises. It seemed as if the books were intended
tor those who knew the first principles of the
art ot cookery, and not for tbe ignorant.
Wearied with fruitless expense, we began to
m:ike recipes of our own, which, if successful,
were written down even to every minute parti
cular, to the smallest trifle, tor we generally
found that these seeming trivialities were just
the things which made the difference between
good and bad cooking. We called out book of
recipes the "Epicure," because the word elgni
ik'd all that was excellent but not luxurious or
extravagant. This employment continued
throughout the winter, much to the amusement
of my husband, who declared that he was most
gratelul for our consideration for him eo he
termed our cooking mania.
"Every day in the week I have some fresh
dih for breakfast; and for dinner what delicious
puddings, to say nothing of the variety of soups
and meat I getf But how about the expense ?"
Mary hastened to reply:
"Paps, you bave all the good things you talk
about at much less expense than when cook was
here. I am sure there is not a scrap wasted,
not even a bone, for when we have boiled all
the goodness out we throw the bones on the root
of the vine. Alice one day took up a printed
paper that came wrapped about some cheese.
It was about the culture of the vine, and it said
if tbe roots were laid nearly bare, and bones
thrown upon them, and then" the earth lightly
laid on, that the vine, if hitherto ever so unpro
ductive, was sure to bear grapes. 80 we've tried
it. and don't laugh, papa, at our experiment. I
don't think we've told mamma this."
"And how do you make such delicious soups,
and vary them each day ?" he askeJ.
"Oh, papa, that would be a long story to tell,
but we don't have any more meat for them than
what you see come to the table. And I know
you thoueht that that potted beef which you
had yesterday tor luncheon came from Burt's,
the pastry-cook, and it didn't, you know, fori
made it out of that cold scrap of boiled beef that
was lelt the other day. And it's true, papa.
though you look as if you could not believe it."
"My child, I cannot disbelieve you; but if you
can transmute a bit of mpat as dry as a chip Into
that delicious dish of potted beef, all I can say
is tbat your talents as a wood engraver will be '
thrown away. Yon had belter become a cook,"
he said, as he folded her in his arms and kissed
her. . ' . , , .
The tears rose up in her eyes, which she
turned upon me, as I came to hor rescue.
"Mary means first to become a wood engraver,
In which art she hopes to excel,-and then she
will be a cook when she has a home of her own,
and is the presiding genius. And then, Mary,
darling, you will be loved more for the comfort
vour knowledge of cooking brings with it than
you will for all the fame tbe world oan give
you and that ia not a little. ' And should you
never have a house oi your own, and never need
to employ your time in wood engravlmr, you
will be a blessing to all around vou. for von will
be enabled to teach those to whom otherwise
such knowledge could never come; and 10 ) on.