ecg-ma D H A VOL. VII-No. 106. PHILADELPHIA, THURSDAY, MAY 9, 18G7. TRITLE SHEETTHREE CENTS. nn iiiNTr T 1 JjjjlLiL RECONSTRUCTION. LOUISIANA. IMPORTANT BrRCIAL ORDER OF GENERAL SHERIDAN REORGANIZATION OP THE NEW ORLEANS POLK'S HALF OF THR PRESENT FOROR DIS MISSED EX-CNION SOLDIERS SUBSTITUTED. llEADUUARTKKH FIFTH MILITARY DISTRICT. New Orlean. l,n., May 2, 18b7. 1. On tlie lUlb of February, IWKJ. the legislature of tho Htate of IxmlRlana passed tho following net. by which the residence qualification for policemen in this city wan increased from two to five years, to take effect after the election then pending lor a new Miiyor: "Section 1. He It enacted by tho Senate and House of Representative of the Htate nt Louisiana, n General Assembly convened: That iroru and alter the next flection of Mayor tor the city ot New Orleans, the police of Raid city Rhnll be organized by an -ordinance determining the number ot nlllcer and men ot which It shall be composed, and the places and functions to be assigned to naid olltcer and men, respectively, as well as the salary to be allowed them, and the uni form; they shall wear; Provided, That the salary of each policeman shall be eighty dollars per mouth. 'Section 8. Be It further enacted, etc.. That officers and men shall he selected from ineti who can read end write the Kngllsn lanetiug... and who shall (five evidence that they are citizen of the United Stales of America, and that they have reKldcd In the city ot Kew Orleans upwards of five consecutive years." The object of this act was to exclude ex-Union soldiers fiom the police force of this city. It was faithfully curried out by the newlyelected Mayor, John T.Monroe, and every ex-Union sololer discharged to make room for those of rebellious antecedents. To annul this unjust proscription, so much ot the above net as requires a residence of five ytars is hereby suspended, and a residence qualification of two yearn adopted. The Mayor of this city, Edward Heath, la hereby direoted to adjust the present police force so that at leost, one-half of said force shall be composed of ex-Union soldiers, and all nets and ordinances, Htate or municipal, in the way of this adjustment, will be disregarded. By command of , Mojor-General P, II. Sheridan. George L. Haktsuff, Assistant Adjutant-Oeneral. LETTER FROM HON. II. WILSON. 11IB TRIP INTO TUB SOUTHERN STATES. Newbern, N. C, April 29 To the Editor of the independent My Dear Hlr: You will re member our conversation at our last meeting, regarding the opportunities wo of tho North now have to do good to our countrymen of tho South. Every step I take, everything I see and hear, confirms the views I then expressed. Op portunities and duties go together. Opportunl ties Invite to actions, and duties bid us act; and It will be a source of regret in coming years If we of the loyal Slates fail now lo Improve these opportunities ;and lo periottn these duties. .Neverdid meu inspired by patriotism, liberty. Justice, humanity, and religion have before them a field of labor so inviting. iu this field of ac tion which God, iu His providence, has opened to us, the IovIuk heart, tho tender conscience, and the enlightened reason can work out great remits for the country, lor humanity, and for God. Congress having laid down the conditions of final settlement, those conditions will be accepted. It is of vital Importance that these &!Ues should pass Into the control of men who are for the unity of the Kepublic, Impartial freedom, equality of rights and privileges In Jaw and in laot, lor the education of the people, and for their improvement and elevation. We of the North have won In the Held, have won In the publlo councils. Ideas, principles, and policies which we deem vital to the country are embodied In the conditions we have re quired our countrymen of the South to adopt, we have sought not to dishonor or degrade any. but to protect and lift up the oppressed, the poor, the dependent. The long contest of "justice in conflict with avarice and oppres sion," in the words of Jefferaon, is over. The passions, prejudices, and bitter memories en gendered by the great struggle should be for gotten in this day of our triumph. In the long conflict of Ideas it was duty to country, to an, anu to unu to meet me men oi me front to front, face to face. When war it ttirs i.nty to demand us vigorous pro- n. whe.hoslllltles ceased, it was the est duty ever imposed upon us to see that the people we bad made iree in name stiouiu be free in fact that they should be .citizens, with equality of rights and privileges. That great duty na been performed by the adoption of terms and conditions that will be compiled with. , t Now a noble work may be accomplished by the people of the North, who have saved the country and the cause of liberty. That work can only be accomplished by the promulgation of truth with inflexible firmness, but in love, charity, and patlenoe. This people, I am sure, need that the causes ot the Rebellion, the re sponsibilities of the Rebellion, and the results of the Rebellion, should be presented to them fioin the standpoint of truth iu the spirit of kindness. They have been, and continue to be, fooled to tnelr cost. "It IS," said John Uulncv Adams, "among the evils of slavery tuat it. taints the very sources of moral principle," "establishes false estimates of virtue and vice," "perverts human reason." Slavery did its perfect work among our coun trymen of the South, and the truth In all its Integrity, proclaimed in loving kindness, can nlone restore this "perverted human reasou." Efforts to advance the cause of national unity, of universal freedom and equality of rights and privileges, of impartial justioe, of educa tion for all races, and of general progress, will be met with opposition from those who mourn over the "lost cause," or by coldness, indiffe rence, or contempt. But if our people are firm, persistent, patient, forbearing, we can achieve a great work, which patriotism, humanity, and religion will approve. I deem it of vital importance to have the iBsnes clearly defined and sharply drawn be tween unity and secession, loyalty and disloy alty, liberty and slavery, equality and privi lege, education and ignorance. The good of the country and the Interests of the Hebel States imperatively oemanu mat tnese issues buuiuu be made at once, and that men should go where their principles lead. The ever-loyal men, nine-tenths ot the freedmen, many corapro "mised by the Rebellion with It, but notot it and some repentant Rebels, will act together, standing square on theplatform of the Union Republican party. Thesecesslonlsts evidently fear and dread a contest in which they already see t hat they muBt go down where their "lost cause" has gone. If the friends of the country, emancipation, civil rights, suffrage, and education will aid in speakers, workers, papers, and means of information, I am more confident than ever that these States will send true men to Congress, and put progressive men In control of their affairs. They cap do It if they will work. Every thoughtful man who sees the condition of these States, who compre hends the pressing needs of this people, who wishes to see peace, law, order, prosperity, and fraternal affection prevail, and our country beoome the leading Christian nation of the Klobe. may contribute to advanoe this work. Northern capital is needed to develop the mate rial intertsts of these States and make the wasted fields to bloom again. Northern labor is required to enlighten and Instruct. The Christian people of the North, whosearms have triumphed and whose Ideas have conquered, t '"tr.rJr.. o iriw nnnnrtunitv. by the bless ing of Ood, to confer lasting benefits upon these Htate. and this people. 1 trust they will hall ana unpioveit. Wilson. SENATOR WILSON'S SOUTHERN TOUR. HIS RECEPTION AND SPEECH AT AUGUSTA, OA. .n.n.M n, vf.w a bmitnr Wilson gets on rather slowly in his Southern tour, lie spoke on Monday evening in Aiken, South Carolina, and here to-day. The meeting here was held la the open air, and in front of the Court House. Under the tine shade trees there thousand colored neonle. of both UUJ l w-a w 9 - . , sexes and of all ages, had congregated, the jm.ik man tieine lighted un here and there by white faces; but these were few, and only on the outside margin of the throng. The pillars f th nortlco from which Senator Wilson spoke were decorated with flowers and ever rMni. Two colored men acted as standard' bearers tor the national flag. General Sweeney occupied a seat upon the portico. Mr. Miolutt. formerly captain of Rebel artll lery.now Mayor of the city by military appoint ment, lntrvduced, Mjr, WiUjofl to tug uivvVUig, Mo bi-a saying, at the same time, that It was futile o attempt to stay the march of millions of freed men bent on tho preservation of the country, and that they should bo forward freely and calmly lo their new and glorious destiny. Mr. Wilson, in the course of his speech, touched on the confiscation question. He said: I have heard threats as to your being turned out of your cabins If you vote In a certain way. I hope no such threats are made. (Voices "They are.") The set provides, thai If it shall appear to Congress that the election was one at which all registered and qualified electors In the State had an opportunity to vote, freely and without restraint, fear, or influence of fraud, then the State shall be admitted. If anybody threatens von because you Intend to vote for the Republican prtrty, I want you to remem ber these words: If any men menace you it will bo a good reason why your State shnll not come into Congresx. The man who would turn off a laborer for voting to change the Constitution of Georgia so as to secure his right of suffrage and his equal rights before the law, who would drive his wife and child out of their little cabin, is a dishonorable, unmanly fellow, unworthy lo live in a Chris tian land. (Cheers.) If the terms and condi tions laid down by Congress be honestly car ried out, I believe the delegations from those States will be aomltted,and tho question closed forever; but I say to you to-day, if in Georgia, or any other State, any man Is dismissed from employment or turned out of doors by a ltebel on account of his voting, I will vote lo confiscate the Rebel's property. (Ixiud cheers and much excitement.) liberty has triumphed. Its frleuda are triumphant. Wo are masters of the country, and we have made up our winds not to leava ond root or fibre of slavery to breed dissensions in the future. (Applause ) What right has a man who confis cates the right of a poor workingmsn to com plain if his own property is confiscated ? (Voices "He has no right.") I warn such men everywhere that we will not submit to It. Therefore I say to you, colored men, get rois tered. Go ond vote vote according to the dictates of your conscience vote for your country vote for liberty, for Justice, for educa tion, for the development of the resources of your State. Do not be afraid that anybody will turn your wife and children out of doors. We will see to that. (Cheers.) Speaking of the attempt to get the Supreme Court to Interfere, Mr. Wilson said the Supreme Court would do no such thing, and if it did, it would have no effect, as Congress, with the nation at its back, Is the political powerof the country If the plan proposed by Congress were rejected, he would make a guess that Georgia would be Imme diately con verted Into a territory; but If the terms and condilions imposed by Congress were complied with, honestly anil in good faith, that would be the end of all our troubles; other wise he could not tell, aud nobody could tell, what might come to pass, There was great enthusiasm manifested by the colored people, but the whiles were sileut and reserved. Senator Wilson said, in one of his recent (speeches, that he had been treated kindly and courteously by all classes of people In the South. That statement is literally cor rect. Wherever he has gone not the first Indi cation of hostility to htm or of disloyalty to the Government has been shown. The white citi zens of the South have manifested Utile lnte. rest in his mission, and generally avoided the meetings at which he spoke. Among them he has made no political converts: indeed, they seem to concern themselves very little ationt political questions. They do want to see their States reorganized on a permanent basis, for they expect prosperity to follow recon struction. Now business is stagnant; employ ment Is hard to get, and is very poorly remu nerated. Food Is scarce and dear, and actual want Is placing its unmistakable stamp on many, too many, pallid faces. Political warfare seems, under such circumstances, cruelly out of place. If these States are willing to recon struct under the Military bill, fully and fairly, as they appear lo be, every obstacle to their doing so should be smoothed away. It is no time for politics; it is a time for charity and benevolence. Senator Wilson leaves here to-night for At lanta. NORTH CAROLINA. PROGRESS OF THE REPUBLICAN PARTY AMONG THE COLORED PEOPLE. Richmond. Va, May 8. The radical party appear to be more successful In disseminating their doctrines in North Carolina than in any other of the ten unreconstructed States. Union Republican meetings are being held throughout that Slate by the freedmen, at which resolutions endorsi ng the rad icai party are generally passed. One of these meetings, in l'usuuetank county. resolved to accept the platform ot the Republi can party of North Carolina, adopted at Raleigh on the 27th of April. Of a meeting in Moore county a correspond ent writes: "On yesterday we held a Union meeting, and while engaged there was a party of secessionists in the woods near the place shooling olf guns and making all manner of sport. Wecuu't stand this much longer. The secessionists of Moore aim to overpower the loyal men. What shall we do? We are bound to have some protector, for justice we cannot get. Many don't mind false swearing. When we reut land we get but a third, aud often not that." In I earson county over one thousand colored rersons recently assembled, and endorsed tho Republican party. It was the first time the beautilul flag ot the Stars and Stripes was un furled In Old 1'earsou over the heads of the en franchised colored people.-They marched under it with great enthusiasm. The colored men of Pearson are not to be influenced by threats, flattery, or whisky, but will vote in solid mass with their friends, the Republicans. The colored men of Gates county. In mass meeting assembled, adopted the following: Ursnlved, That we will co-operate with the Union Leagues ot the loyal States in completing the great morel and political reforms which the suppression of the Rebellion has rendered necessary aud prac ticable. liemlvtd, That we concur with our white friends and advisers In the adoption of the words "Union, Liberty, and Equality" as a motto for tun Republican party aud the flag ot our country. From Havana. Kew York, May 9. The steamer Eagle, from Havana, brings news that very little had transpired there since the sailing of the last steamer. The case of the Ocean Home is still un settled. The Spanish authorities continue to detain the vessel at the expense of $50 per diem, and this 1b the seventh day of detention. They also claim a una of $175,000. Our Con- Bui-Ueneral, Mr. havacre. energetically pro tested against this, aud endeavored to have matters settled. A meeting of tho importers was called to discuss the impending tariff, and also the financial condition of the grocers. Many heavy iauures have taken place lately, aud more are aauy expected. Hank Failure In New Orleans. New Orleans, May 8. The City Bank, a private concern, failed yesterday. Liverpool and New York houses are mainly affected thereby. The cause is said to be the decline m cotton. r . tt a.. mount bt. uothard. Ingush engineers have been dnrlue the cast winter ar m! the pass over Mount Bt. Gotbard. with a view of establishing a railway across it. Accord ing to their report, the line could be completed in five years. The longest tunnel would be over three miles. Thb North German Parliament The fol lowing is the present distribution of parties in the NorthGerman Parliament: Conservatives, 68; liberal conservatives, 40; national liberals, 79; centre, 27; lelt, 19; Hanoverians and Sax ons, 30; Poles, 13. The Legislative Assembly of Brunswick has, by a unanimous vote, called upon the Ducal Government to support any steps of the Federal Hxecutive having for their object the defense of LuxtmlvUXg. EUROPEAN ADVICES. Latest by tho Cables and Steamers. THE PKACK CONGRESS. THE ORGANIZATION AND FIRST DAY'S PROCEKMNOS FRANCE CLAIMS TH R NEUTRALIZATION OK 1UXEMHOURO AND RA7.INO OF THE FORTRESS I'iU'HHIA DEMANDS THK ORKAT POWERS GUAR ANTEE ENGLAND nUKITATES. London, May 8. The first session of the Peace Congress, after its organization in this city yesterday, was not merely u formal meet ing of the Great Powers' representatives, as some persous here assume, but one at which the Luxembourg question was discussed with a desire to bring the difficulty between France and Prussia to a speedy close. The diplo matists met in the same room in Downing street in which the Hchleswig-Holstein Con ference of 18G4 assembled. The names of the Plenipotentiaries are as follows: Enyhind Lord Stanley, President. fruiter Prince de La Tour Auvergue. 1'ru.snia Count Bernstorff. Austria Count Apponyi. ,'iissia Baron Brunnow. Itah) Marquis D'Azzlio. 1 .uxivibourg Baron de Tornaco. llfliiiin M. Van de Weyer. Aitltirlamh Baron Bentinell. The proceedings are to be kept secret till the close of the Congress. This much, how ever, is known, that France is willing to accept the neutralization of Luxembourg, and razing of the fortress, so that it may not remain as a menace. Prussia is not disposed to consent to this unless all the Great Powers now represented in the Congress give a guarantee of the settle, ment. The giving of this guarantee would bind them to engage in war against the future designs of either power (France or Prussia) seeking aggrandizement in this direction. England hesitates to give such a guarantee, and is rather in favor of the idea of the people of Luxembourg for annexation to Belgium. The guarantee question being discussed, aud points at issue and bases of action being de fined, the session was adjourned to Thursday, to enable the representatives to have tele graphic communication with and receive in structions from their respective governments. PREPARATIONS FOR WAR. ACTIVE WAR MOVEMENTS OF FRANCE AND PRUSSIA. London, May 8. Meantime, pending the issue of the delilnjrations of the Peace Con gress, great war preparations are going on on both sides, notwithstanding official denials to the contrary. France is buying arms both in England and Spain, and Prussian troops of the regular army are being held in readiness to support the garrison in Luxembourg. COUNT bismark's opinion. Berlin, May 8. Count Bismark, in conver sation on the aspect of affairs on Tuesday, de clared that the situation is now more serious than ever it was before. RUSSIA ARMING. In addition to the Count's opinion, I may state that Russia is lookiug out for her chances of aggrandizement in the East and Poland by the oiiDOitunitv of a general war. Muskets are leing converted into breecn-ioauers ior an the Russian army. WHAT THE TEOI'LE TniNK. Tim treiiprnl nnininn on the Continent is that the maintenance of peace depends on the nefion of the T.onrlon Conference. Fears are entertained that the failure of the representa- a: . 1 . .. ...1.1.. 1 . , . . l.tilnv n v.minl Uvea VliertJ ttSeiUUieu HIH Uliug wu a u.l European war, in wuicn eacn country, caring little for the Luxemboure Question or the future position of the people of the Grand Diichv. win endeavor to iorwara tueir own particular designs by force of arms. NAPOLEON TO COMMAND A FRENCH ARMY HIS GENERALS AND STRENGTH BY SEA AND LAND. 1'ariK (April 26) rXirrerpiiiidenu of Iiulreidance U'Mir. There are to be three active armies, one under the special command ot the Kniperor, huvlus; under him Marshals McMuhon and Biixmue; Marshal Keg nault de Saint Jeun d'Anuly, of the Imperial liuard, and Murshal Kiel, head of the slalV. This is the army yi'C.uGu strung at leuht which is to operate lu Luxem bourg and to march towards Berlin. The army of the Upper Ithlne Is to be under the command of Marshal C'unroberi. Another army, called the army of the Kibe, is to he under the command of General Count de Pullkao; whilea fourth army of reserve Is spoken of as under the orders of Marshal Uaraguay d'liilllers. I need not suy that this is aw yet a mere rumor. But this I can add, and say without the least over-statement, that, if not at this moment, in a very short time, the (iovernment will be lu a position to place In line 427,kki men aud 7i'0 pieces of cannon. At the latent daie there were 20 battalions ot Chasteurs aud two corpx il'armie provided with the Chassepot gun. Two hundred and fifty ambulances are ready; ai.oud horses bave been bouitbt lu Hungary, and, finally, It is said that i2b.of. the small caution, the marvellous efTects of which the JCIemlurd and other Journals bavespoken of, have been distributed among the reglmenu. The support of Italy Islsald to be certain. King Victor Kmmamiel will place at the disposition of his most Ultimate ally seven armor-plated vessels and do.ono men, on condition that they be supported by France. The active support of Holland, who, It Is said, will send 80 armed vessels Immediately lo the lialtlc. Is also relied upon, and In case Kussla should Join Prussia, the northern powers would Immediately enter Into a league with France. THE PROSPECTS OF MEDIATION. DIVERGENT INTERESTS OP TH-E MEDIATORS PRUS SIA'S POWER AND ALLIES. From the Xondon Tim, pi'U 26. bo far as M. Paulln Llmayrae and tho CniulitutlomiH maybe taken to be the expression ot the Kniperor Isapolaou's mind, It would seem ea.sy lo acquit the French uoverumeut of all blame In luat unfortunate matter of Luxembourg. France, we are told, seeks no Quarrel; she neither offered nor intended any provocation. fhe ouly complains of Prussia's ioK-iii-ihe-manger policy. She cannot coucoive why that power, which made so good a Job of its hist year's venture, should grudge Its neighbor a little business In the same line, and stand In the way of a nargaln In which France was ready lo pay down hard cash. France looked upon the Uraud Duchy as no man's land-a mere waif thrown upon her borders by the great wreck of the old UeruiaD Confederation, an "unconsidered trllle." which she in mlit as well 'snap up" as anybody else. The degree of authority that the mediating powers may exercise on the Interested parties wi II depeud on t he earnestness and onaulmily with which they go to work. Frauce, If we may heli.ve M. Paulln Llmay. rac shows sulllcieut deu-reuce ana complalsauoe. Khe even holds aloof from the negotiation, not to eua barrens the mediators' actiou, and seems willing to await their award. Notwithstanding any amount of blustering, we should not expect to find Germany ruo?e Intractable. lilMnark Una at all times shown lilmxelf a deep gamester, fully competent rwltoj the terrible odds, lie 4 not the man to be led astray i, ,,,,!,. rc r l.efrlmuse enthusiasm. He is fully aware that I many ot the uewly annexed ( dls trie's loyally to Prussia has struck no very deep ' roow. He knows full well what reliance may be put on lt e fidelity ot lila southern allies. However desperate ue may have seemed iu his venture, there has always beeu method aud calculation lu bis audacity. aa not Austria's trial beeu Italy's opportunity, i Is qouslioiiabie whether Prussia would ever have struck a alow for German supremacy. There are but few Instances of a big bully lairly and deliberately coming to blows with another equally big. A J11118' handed encounter with France oilers Prussia, nardiy any clianoe of certain suce.ss: aud irshe looks rouuu about her and sounds the disposition of Deomaric, Austria, and other countries, except, perhaps, l'"'"','' she must see how far more numerous than the menus who would back ber would be the enemies arrayeu against her. If the mediating powers know now lo make ine best of all these clruumslances. they will have, perhaps. a less " task before them than I generally Imagined, What' ever may be the mood or the would-be belligerents, the bttutral powers shvuW ti lurgt that tlty M three agnlnst two. Independent of the sacredne" their pence-making row. Ion. they should feel how ei sy It Is for might lo throw Its weight Into the scales with right. There whs a momeot, as the world Is aware. In which a decisive atti tude on the part of France would, In the summer of last year, bave d imped the warlike ardor of PrusMa and Austria, and prevented the hostili ties iut ot which llienri scnt complication arose, (inly those who undertake to curb oilier people's ambition should themselves be inaccessible to all covetous liinglncs. "He who is without sin, let htm can the first stone." The want of the policeman has lone been felt In Kuro lie. lint how can iheolllce he intrusted to any one who Is not above the l' mpmtlon of his neigh bor's pockets? Had Russia nothing lo gain and Austria nothing to retrieve hy war. it Is not llkelv thai a cannon could be fired on the Rhine without their permission. JEFF. DAVIS. Writ of Habeas Corpus Issued by Chief Justice Chase He Is to be Taken Before the United States District Court at Richmond. The Writ of Habeas Corpus. Washington, May 8. The following writ was Issued by the Circuit Court at HlclitnonJ, for tlie immediate rendering up ot the body of JetlttHon Davis, and put lu the bauds of the District Marshal lor execution: The President of the United Htates to Brigadier. General Henry W. Burton, and to any person or per sons having the custody ot Jetlerson Davis, greeting: We command you, that you bave delivered the body ot jellersou Havls, by you Imprisoned and detained, as it Is said, together with the cause ot such Imprison ment and detention, by whatsoever name, the said Jellersou Davis may be called or charged, before our Circuit Court of 1 he United Mates for the District of Virginia, at the next term thereof, at Richmond. In said District, on the second Monday In May, one thousand eight hundred and sixty-seven, at the open ing of the Court on that day, to do and receive what rhall then nnd there be considered concerning said Jetlerson Davis. Witness: SALMON P. CHASE, Chtef Justice of the Supreme Court of United htates. WILLIAM II. BARKY. Clerk of the Circuit Court Of the Untied biates, Richmond, District of Virginia. jsiay , iHtiT. The writ was drawn by tho counsol of Mr. Davis, and presented to Judge Underwood, In Alexandria, aud tlieregrauted, as lis date shows, on tlie first day of tills month. Though granted then, the order for lis Issuance appears not to have been made until to-duy. The writ, though bearing the nume of Chief Justice Chase, wus issued by order of Judge Underwood. The ex planation is Hint, nccordlug to the ukhro of the courts, the Chief Justice being absent, Jude Underwood, to a certain extent, personates the Chief Justice, aud Issues writs of nabeas corpus In bis name. Mr. L. II. Chandler, United States District Attorney for the Eastern District of Vlrgiuia, returned from New ork last night, where lie had been to consul twllti Mr. William M. Kvarta in reference to the approaching trial of Jell'. Davis. This morning Mr. Chandler had a long Interview with A ttorney-tieneral Stanbory upon the same subject, and will leave here to morrow, It Is said, for Illclimoud. Mr. Davis, when he arrives ut Richmond on Sunduy, will still be in miliary custody, and will not be produced in court till Monday. It Is stated that he will be kept In the Llbby Prison, where apartments will be assigned. The Crime, the Trial, and the Punish. -in exit. Richmond, Va., May 7. In July, 1862, the Congress of the United Suites passed a law In relation to treusou and couflscation, from which the lollowiug are extracts: Every person who shall hereafter commit the crime ot treason against the United States, and shall bead Judged guilty thereof, shall sutler death, aud all his slaves, if any, shall be declared and made free; or, at the discretion of the Court, be shall he imprisoned for not less than five years aud fined not less than f 1(1,000; aud all his slaves, if any, shall be declared and made free, r-ald line shall be levied and collected on any or all of the property, real and personal, exclud ing slaves, ot which the suld person so convicted was theowuer at tlie lime of coalmining the said crime, any sale or conveyance to the contrary notwith standing. If any person shall hereafter Incite, set on foot, assist, or encage In any rebellion or Insurrection against the authority of the United Stales or the laws thereof, or shall give aid and comfort thereto, or shall engage in or give aid and comfort to any such existing rebellion or Insurrection, and be con victed tbeieof, such person shall he punished by imprisonment for a period not exceeding ten years, or by a tine not exceeding in.uoo, by the liberation of all bis slaves. If. any he have, or by both of said punishments, at the discretion of the court. This act shall not be construed iu any way to aflect or alter the prosecution, conviction, or punishment ot any person or persons guilty ot treason agalust the United btates before the passegeof this act, unUss ven pe rio i mnviriea uncu r 1'iut art. This law is, perhaps, now to become the solu tion of all the dlllicuitles In the case of Jeff. Davis. There are various reasons why it will he wise to make this use of It. The statute does not treat of treason in the abstract. It afllxes a certain punishment to certain donnlte ucls, assuming, however, all the time that those acts are part of the crime of treason. It evtendsa certain grace in naming a penalty less than death; but to have the benefit of this miti gation of the ancient severity of the law, the prisoner must be tried by this statute; aud If the counsel of Davis assents to his trial uudor this statute without protest if he does not claim the higher legal sphere of the Constitu tion, venturing the higher possible penalty then he admits that the acts committed by his client constitute liiin a traitor, and thus will be made in favor ot the Government the only point the country cares to have made in this case. It is to be hoped the case may be determined in this easy way; for a trial of Davis for treason in any way but under this statute would be a solemn Judicial farce. There la no matter of fact for trial, since so many facta are notoriously known, that fact enough would doubtless be admitted by the prisoner. There would then be only to determine the question of law do such facts constitute the crime of treason against the United States? Now this is a polit ical question. It Is a question whether allegiance to a Htate or to the United States is hlgner. In short, It la the question of Htate rights. This political question has been settled by the national armies by a great war. It has been determined by the final appeal to arms that the central Government Is supreme. How unnecessary, then, to have any mere formal declaration of this settlement by a court 1 How silly to tempt such a declaration, when It Is possible that the Court, defying the decision of the war, might give us auother such wonderful Judg ment as that in the Mllllgan caset Indeed, In view of such possibility, It is hardly too much to say that, trying the case under the Constitu tion, it would not he so much Jeff. Davis as the Supreme Court of the United Htates that would be on trial Judex Uamnatur cum noceni absol vitor. by conviction under the statute treason coald be punished without exposing us to the ro ,roucb of meting death to a man who was the creature of circumstances, and who, at the worst, did ouly what our theory of popular will compels us to admit is sometime Justifiable. Men may err In their choice of the times; but is error crime? The ten thousand dollars could easily be paid, aud, lu view of the two years' Imprisonment already inflicted, the court muv use its discretion to Inflict the Hue only. iV. 1". Herald. Markets bv Telegraph. Sr.w York, May . Chicago and Rock Island, uo1,; Reading, lu.).',; J-.rle, 68: Canton, V, Cleveland aud j'Utsburg, 78; 1'ltWburg and Fort Wayne, U7: Michigan Central. 109; Michigan isoulhern, bs1; New York Ceu tral, tf7f4; Illinois Central, 1H: Cumberland preferred, am: Hudson River. 97; U. 8. Five-twenties of lsb'J, li V,: do. 1S64. 10o4: do. 1H6S, lot); new issue, M; V.B. Ten-forties, &j4; beven-tlilrtlws, 106 tor first Issue: all others, ltio'.i; bterllng Kxuhauge. Urn;; at sight, llii Gold, lil'i: Money, bV6 per cent. Nltw York. May Cotlou steady at 27c. Flour active, and looiloo, higher; Udoo barrels sold: Htate, (ir&XmU'BO; Ohio, l3-7lKt,l: Western. (11 S6Yla'lii. Wheat quiet; 60u bushels sold: No. u 2,78, Corn dull god li2e. lower; quotations nominal, Oats 2a higher. Rve firmer at 2c. advance; 8ouo bushels sold: Western, ll'67Cyl't- beef quiet; new Mess, tl4.6n421; extra Mess: fjllWi,-2a-7f. irk dull; new Mess, fiflU", prime, httflw&o. Lard quiet at 12,Uc. Whisky quiet, At Syracuse, a priest, named Rizzl, has married a nun, and among the monks who hove become husband is a Jesuit, Torea JM Yerra, SECOND EDITION FROM CLEVELAND. Kallroad Convention Prlze-Flght In Prospect. Cleveland, May 9. At the Railroad Con vention held here yesterday, all the principal railroad and steamboat lines in the country were represented. Samuel Sloan presided. The object of the meeting was a settlement of the existing difficulties regarding freight. The meeting was held with closed doors. No de cision was arrived at, and the Convention adjourned to meet at Chicago to-morrow. A resolution to take no freight, except that pre paid for; the Baltimore and Ohio Railroad was passed. A steamer will leave here to-night for a point on Felee Island, in Canadian territory, conveying the principals and a party to wit ness the prize-fight between Hill Davis and Elliott on Friday. The affair has been kept very quiet, and there will probably lie uo efforts to prevent the fight from taking place. The Freshets. Eastoh, May 9. The Delaware river at this point has risen 24 feet, and is now, at !) o'clock, at a stand. The water in the Lehigh river is falling, and no loss has been reported exoept a few rafts carried off. The Delaware Division Canal is under water, nnd the amount of damages cannot be ascer tained. LEGAL INTELLIGENCE. The MagtUon Homicide. COUKT OF OYKK AND TERMINER Judges Jlrewsler and Pierce. The Court reassembled at 8 o clock yesterday afternoon, when the deiense pro duced several witnesses who had seen the prisoner more or less demented, and acting as it he was under tlie Inlluence ef spirits. The Commonwealth called witnesses who knew the prisoner, and bad never seen anything strange In his conduct, ilr. William Pepper, of the Pennsylvania Hospital, testified that he had seen oxalurla lu healthy urine after It has stood a good while. On crofcs-examlnatton, he said the patient's power of mind is usually as strong as ever when oxalurl.t Is discovered. The Court then adjourued until this morning. THIS MORNING'S FHOCKKDINOS. Mr. Pwlght. in opening for the Commonwealth, said: Whoever has spent the closing ot a summer afternoon at the top of a high mountain, will have found his whole being gradually filled with light aud beauty. The air Is luminous not only with the glory of the descending sunbeams, but is suffused witb the rays which are given back from the wide extent ot country stretching on every side away. The hills beneath have lost their rugged i utlines; the forests seem like a velvet robe with which nature has adorned herself. The lakes and the silver threads of the rivers sparkle gaily, and the long reaches of green meadow lands are exquisitely fair. As you turn to descend, you go over some desolate tract of the moun tain's side, or enter into the recesses of a wood, or skirt along some cavernous glen, till at length you reach the giant base. Aud tbe valley Is all the darker, the forests around are the more sombre, for the brightness and loveliness which bad tilled you far up on the distant peak. It lH thus, gentlemen, that vou have been descend ing Into tbe valley, not of the shadow of death, but of death Itself, In Its hideous realities. You have left far above you the scenes ot peace and virtue. In w hich right-minded men have their walk, and have come down to lace the details of an awful crime. And what a contrast! There Is quiet and kindliness. Here Is turmoil and butchery. There all is blithe and wlusome.llere all Is dark and repulslve.When we turn to the cheerfulness of our hearthstones, the light of yonder house seemed quenched Into tbe very black ness of darkness. Not further Is the 'mountain bin from its base, not more different Is' tlie beauty of Buuimer uuiirsiroin me giimness oi stormy winter, than In Adam Magilton'a home in April, from Adam Magilton's home In May. The waste Is wearier wnen the stately ship has passed below the horizon's rim. The stillness or night is deeper when the last vibra tion of the chnrch tower bell has died upon the air. The testimony of tbe deiense consists of fl ve parts. The first consists in whatever may have been wrested for the benetlt of the prisoner on the cross examina tion ot the witnesses for the Commonwealth. Second , the direct testimony which the prisoner produced to contradict the witnesses of the Common wealth. Third, an alibi. Fourth, bis honesty; and fifth, his Insanity. You could not Identify the prisoner by bis nose, or his mouth, or bis forehead; when you take them to gether, and lake the combined effect produced on the eye, you know the man and distinguish him wher ever you can see him; that Is tbe way with Mr. Nesbie, who thought he was too well dressed for a workman, and In bis homely language said he looked like a boss. Polar as the alibi is concerned, the de fense utterly fails. I do not know what Mr Mann exactly meant by saying that he murdered this lady tor ft. In one sense It Is a matter of fact. Four dol lars was all that be obtained from this murder. What his motive was in-going to that house and commit ting this fearful crime, what lils design was, I know not. The secret is all witlilu his hea: U The motives are all slumbering there: but as a matter of tact all the reward he obtained in this world, so far its the bloody deed was concerned, was the sum of four dol lars, lie got more than Probst, who murdered eight human beings, and got just (Jl'TU each. This man got more than twice that much. Iterger, when he murdered Miss, Watts, got loft, and a deed which he hid away. He, though, subsequently owned that there were i.'5oU In that houce, and his motive was to get that money and run away with some woman In Germantown. Some day we shall find out the motive of Wlnnemore. He blows hot with one breath and cold with ano ther. In one breath he attempts to prove an alibi, aud In another be says I was at tbe house, and did the deed, but am not accountable, owing to a diseased con dition of mv mind, Mr. Dwlgbt then considered the portion of the de tense relative to bis Insanity. For eleven years ot lils life we know not what he did. No one comes forward doctor, mother, brother, or sister and testi fies that they saw blm bave a fit during that time. It Is assumed throughout tbe whole of tbe case that this man had epileptic lits. Because people have fits In which they fall to the ground, troth and foam at the mouth, the counsel would have us infer that they have epileptic tits. It does not follow at all. There are different kinds of tits In which they do this. The argument of the defense Is that this man had fits which they call epileptic, and was sub ject to hallucination and delusions and mania, and la oneot these murdered the woman. What a curious thing It would be for witnesses who believed In tbe tenets of spiritualism aud this man believed in the same to come forward and tes tily that he was iiisanu! Tbe defense of Insanity has no strength. Tbe witnesses wbo mine forward aud toll us these facts, tell us that be whs lu the possession or bis faculties. He has not made himself out an in sane man al any point of bis life. The evidence proves that he was not Insane on toe day of the mur der, or from the 10th ot March up to that time, the !i th of April. i remember, gentlemen, when I was a little boy at home, they used to make a cake called one-two-threu-four cake. They would put one quart of flour, half a pound of sugar, half a pint of milk, and eggs to stilt Couusel tor the deiense are like the cook mixing that cake. They come here, roll up their sleeves, pat on a three-cornered bat, and gel lo work making up a cake, witb one broken bead, two doses ot laudanum, three trances, and tils to suit, and this cake they call de fense: and the prisoner stands by, like the hltle boy In "Mother House," and says: "Paity cake, patty cake, baker's man, Po 1 do, mother, as fast as 1 can: Moll It and brand it with lnaan-1-ty, put It In tbe oven and bake It for ine." 1 a regaid to Dr. Pancoast'B theory ot tbe oxalate of lime. Air. Dwigbl argued that it would be as reasona ble and sensible to suppose that the prisoner had been eating onions, which would produce this salt, as that the prisoner was insane Every incident of the bloody deed was gone over, following the prisoner from llroad and hbippeo streets lulo Magilton's house, and up to his arrest; his perfect coolness, his wonderfully sane conduct at that all-excltlng time; the two f)'- bills, aud the prisoner's utter poverty when be left the bote); that little tell-tale drop of blood near the hy urant; the treacherous razor; the white bauds from which the stains had just been washed all these ter rible items; and It was argued that these went clearly, undoubtedly to point out the prisoner as the murderer of Mrs. Magllton. Tills Is a case of circumstantial evidence. Positive evidence Is tbe account ot personal knowledge ot thai which one has seen; but where facts bave been estab lished by witnesses by positive evidence, the proof of the reality of the alleged or asserted taot to show that lie did Is circumstantial evidence. If you only prove your facts conclusively Id the first place, and then start In the right path, reason will lead you un erringly to a correct conclusion. The Common wealth, I consider, have completely overthrown this theory of deiense, and the oaatr comes down to the question, Did Oeorge W. WlnueBiore murder Dorcas Magllton T I think that your verdict will De such as lo show that be did. . . Mr. K ilgore followed for the defense. lie acVnow. ledged the weight ol such a case, aud protested strongly agalust tbe burry and haste with which the District Attoruey bad forced them on to trial, and went on to say that It the beautiful and elo iiHiut ajuuiueiU ol Ut, Xwltut,. rfca AMllaut trlct Attorney, had been based upon trntb, there could have been no reply to It: but bis wnole argu ment was a mistake, being founded upon mistaken Ideas. The gentleman then went on to explain the hard ships under which the defense bad labored during this trial. DISTRICT COURT Judge 8harswood. Thomal Donobue vs. Tbe North Pennsylvania Railroad Com pany. An action to recover damages lor tbe loss of plaintiffs son. who wan run over and killed hy a train belonging to tlie defendants, tbrough the alleged neg ligence ot defendants' employee. The defense denied their want of caution, and alleged that the death of the child was the result of an unavoidable occur rence. On trial. COURT OF COMMON rLE AS Judge Ludlow. Lewis vs. Lewis, An action ot divorce. Verdict for respondent. ; A STARTLING RUMOR. Reported Organisation and Preparation for Riot In New York Discoveries and Disclosure of tbe Police We bave received directly from tbe police) , authorities of tbe city information of reoent organizations which are now In progress tor tbe purpose, and wltti tbe distinct object, of resisting by violence and bloodshed, if neces sary, the execution and enforcement of the Excise and other laws which are obnoxious to a large class of our citizens. The Infor mation is of a startling character, well calcu lated to excite general alarm and we should not make It public on any dess reliable autho rity thau that of the Police Depart ment, or for any other object than that wuloh prompts that department to give It, namely to deter the parties concerned In these conspiracies from attempting to carry them Into execution, by warning them that the propur authorities are fully prepared to resist aud defeat them. It has been for a long time evident that the enactment and enforcement of the Excise law has engendered among the lower classes, espe cially of our foreign-born population, a feeling ot hatred towards the police, upon whom the duty devolves of enforcing Its provisions. We bave foreseen that this would be the natural . ellect of such a law, and have done our best to enforce the necessity of so shaping Its provisions as to avoid so serious a publlo peril. This feeling of hostility has been eagerly fanned by sundry politicians and liquor-dealers, wuo nopeu oy mis means to defeat the execution ot the Excise law. Tho recent difficulty between Superintendent John A. Kennedy and Police Justice Michael Con nolly has added fuel to the name, and the entire body of foreign laborers are Just now ripe for the tumult they huve so deliberately planned. The professional thieves of the city are also active in ine movement, noping to reap pront during the progress of the riots. For several weeks past the disaffected popula tion In the different wards have held frequent secret meetings at various points. At these gatherings the language used has been of the most hostile and bitter character. Hpeakers have alluded to the dreadful scenes enacted during the draft riots of July, 180.1, with evident relish, as though they regarded them as triumphs. The Police and tbe Excise Commissioners have been cursed and threatened with vengeance for their strictness in carrying out the provisions of the law. A large number of the liquor dealers who bave been denied licenses bave taken an active part In these gatherings, and they bave spoken with strong resentment of the destruction of their business. In short, the meetings are described as bavlng been wild and frenzied in their denunciations and threats of vengeance. Fully aware of these proceedings, the Polloe Commissioners, through Superintendent Ken nedy, bave placed a select number of reliable special detectives on the alert, and these offi cers succeeded In obtaining access to the meet ings, in some Instances taking aotlve part in them, when they deemed themselves to be ob jects of suspicion. The detectives have "spot ted" nearly every prominent leader In the movement, and In some cases they have kept continuous watch upon their dally movements. Tbe (Superintendent of Police has the names and residence of all these ringleaders, and the details of the entire movements are also fully known. Of course we bave no positive details of this projected riot for publication, as the Police authorities consider them safer In their custody than with the general public. Enough has been told, however, to warn our readers of tbe dan gers wblch threaten the community, and mea sures should be taken accordingly. In cose a riot should break forth in our midst, the publlo may rest assured that the authorities are well prepared for such an emergency, and cannot be again taken by surprise. It may be well In this connection to give a few figures relating to tbe fatal casualties occurring during the riots of 1883. The Police bave ascertained, beyond any doubt, that there were eleven hundred and fifty-five persons killed or died of their wounds received during tbe 13th, 14th, 15lh. and 16th of July. 18(13. Of these there were twenty-five soldiers, police men or negroes killed, leaving the number of rioters who met their deaths from wounds re ceiver, eleven hundred and thirty. It will be well also for those connected with this move ment In any way to remember that none of the military organizations of the city, all of whloh. are at the disposal or the, public authorities In case of neoessity, are now absent, as they were in im.-N. Y. 2Hmes. W 0 LATEST SHIPPING INTELLIGENCE. PORT OF PHILADELPHIA, MAY 9. STATIC OF THERMOMETER AT THB XVBNINO TBLS- . graph orric-K. 7 A. M.......6SH A. M ..5B2 P. M , .M1..a For additional Marine News see Third Page. CLEARED THIS MORNING. Barque Kensington, Baker, Bo tterdam, Workman fc Barque Western Wave, Lock. Belfast. Ire.. do. Brig Delona, Nelson, Antwerp, O. C. Van Horn Co W" Mwy.Champlon. Portland, Preston Coal Bonf ' vUBhan' Vaughan, Weymouth. J. J. Dover ,eti,D BJJ No 80- Cor". Norwich, do. A Co.' Bb'rp BuarP. Marblebead, Caldwell. Gordon l!r - Irwu. Atkins. Hilton, do. Hume?.7 AnD' A(i1, Kew Lonioa' Bommell A Schr W. Tlce, Tlce, Ipswich, Van Dusen, Lochman A S r ?fJ'J!Vn' Fltsinger, Baleai. Tyler ft Co. bchrt.Nlckerson. Kelly. Boston. do. fcbr A. Hammond, Palue, Portland, do Bl'r Diamond blate, Talbot, Baltimore. J. D.'Rooff. oK. t t. A.RRJIVED THIS MORNING. zrDr i" ? 2rd' Adams, from Petersburg. Hcbr John Hhay, Vaughan. from Boston, bchr Port lloyal. Moore, from Norwich. Jrl"" M,ar Anna, Adams, trom Norwich. cbr W. Tlce, Tlce, from Mldriletown. wot? ?Dler H- h ttw IleIj 14 houre 'ron Baltimore, with mdse. to A. droves, Jr. Steamer Diamond State, Talbot, 14 hours from Bal. tlmore. with indue, to J, D. Kuoff. . , , MEMORANDA. install P Cha88' ur dln' heuce, at Providence 7th Kill i 2 Br?oks Bargees, bonce, at Boston7th Inst. frombViufv1i,Thin.T.ltU' 5th Inst., and sailed again. ' olmao Scbrs M. C. Parr. Maloy. and Wm. Collyer. Tavlor hence, at Providence 7tu Inst. v.VW) jayior, froPoJr-uJmon,thrr:Hh.n1.rt",, Phelphl.. sailed Ho,re?leN7:'mrst.8ome hen9 t-cbrsR H. Wilson, Mull, and W B TWitm, Ga Hd nni iJWflrdl Bl", ''" Mhori a K si,S 1m1,I,,1';TI!!,. don w'is getting wealaVpumS P"ably pumped out with a .oTO'shr.rek " Wh" thrM nUM v.T ,, TBV TELK8BAFH.1 Havana. ' Ma'"--'-rrlved, steamship Eagle, bom e,am"biip oh,co. from Liverpool. ' ti?o B"Aca. iiay .-The schr C. E. Paige, O Philadelphia, 1b ashore south of Squan Inlet, tthe baa no water lu her. Two wore schooners are ashore, north of Baruegat: their names bave not yet beeu ascertained, Nw York, MM.b.p Fab K.. Brig Elisabeth, Adoboer. rrvia Singapore. Brig Y. Butler, Bartlett, from Calbarlen. Keturned Brig Atalira. Iilobards, for Pars,!) ff turned a4 auUiMvd lu ikt ttortU ivm t
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