r -v ' VMNING IRjIPIHlo H H A J. JMJT VOL. VII-No. 135. PHILADELPHIA, WEDNESDAY, JUNE 12, 18G7. DOUBLE SHEETTIIREB CENTS. WASHINGTON. IMPORTANT CABINET MEETING. TBB roWSB OF JaTMTART COMVJA5DBR8 TO RE MOVB ClVIIi OFFICERS TH.B ALLEGED OCT BAOE8 OFTHJi STATE TROOJ'fl K TKNKEflHRB. The Cabinet meeting to-iay -was protracted to a later hour than usual, tmd all of the members were present except Secretary Hrownine, who was represented by Judge ouo, Assistant Secre tary ot the Interior. The questions nudor con sideration were the opinion of Attorney-General Btaubery on the power of Military District Com manders to remove flicers of the civil Govern ments, the action ot Generals Sheridan and Tope in removing Governor Wells, of Louisiana, and Mayor Withers, of Mobile, and the wti tion of the citizens of Franklin county, Ten nessee, to the President, asking protection from the tyranny of Governor Brownlow's militia. Very little information can bo obtained s to whether the Cabinet arrived at any defi nite conclusion in rclerence to the case ot Gene ral Sheridan and Governor Wells, but the pro bability is that Governor Wells will not be Im mediately leinstatej, although there Is some rent on to believe that the course of General Sheridan In the matter Is not approved. The view taken of the action of General Sheridan by the more prominent officers of the Govern ment, it is stated on good authority, is, that the Reconstruction acts give no authority to dis trict commanders to remove civil officers, and that such military power cannot be exercised except through martial law; that dis trict commanders were created to pre serve pence and pood order in their dis tricts, and to assist the civil authorities to enforce the laws. In cases where the civil oiliccrB fRil to do iuMice in any matter coming under their Jurisdiction, coram inders have the power of adjusting the matter by military com mission, but no authority to remove the offend ing civil officer. The belief is entertained by many well-informed persons here, that if the . opinion of the Attorney-General is adverse to the actions ot Generals Sheridan and Pope, in removing civil officers In their districts, or if either ot these commanders is relieved, or the deposed officers reinstated, the effect will be to cause Congress to resume their session in July, at the call of the President of the Senate and the Speaker of the House. In the case of the outrages alleged te have been committed by the Teunesee State militia, instructions have been given to General Thomas, commanding the Department of the Cumber land, to investigate the acts of violence 6ald to have been perpetrated. On Thursday last General Whipple, ol General Thomas' stalf, was in Winchester county, Tennessee, eugaged in examining into the murder of James Brown, of Franklin county. After concluding his investi- ?;ations General Whipple will report the result o the Department commander, when there can be no doubt whatever that in case the petition ' and affidavits are lound to set lorth the facts, summary measures will be taken to protect peaceable and law-abiding citizens trotn like persecution in the future, and that the work ot official decapitation will go on briskly for a time in Tennessee. The petition of over eight hundred residents of Franklin county, accompanied by numerous affidavits, presented to the President by Mr. Jesre Arlidge, a few nights ago, gives an alarm -- injr description of affairs in Tennessee, and in formation now in possession of the Government proves beyond a doubt that Tennessee is to-day further behind in the work ot reconstruction than any other of the Southern States. The petition of the Tennesseeans concludes as fol lows: Your Excellency having been personally acquainted Willi us as a people, and knowing bow dearly we lovtd our rights, anil bow Jealously we guarded them, can appreciate bow exquisitely wa frit their loss. But notwithstanding all thin, we were content to bear our wrongs In silence, and we would not trouble your Ex cellency now with our grievances, were It not that the Iron heel of despotism upon our necks may no longer be borne. All that is left us are our lives and little property, and although our history since the war is without reproach, as we have shown your Exci-lleiicy. yet our rulers, all'ecling to ques tion our loyally, have organized a band of reck less, dissolute, and Irresponsible men, aud turned them loose to do their will upon us. We submitted to their humiliating threatening, being de termined lo do no aot that would att'ord them a pre text to wreak their malice upon us The oltloer In charge, in a public order addressed to our people, an nounced In a most offensive manner that be bad come among us for tbe purpose of enlorcing and biinglng criminals to Justice, and at the time we had but one more at large under Indictment lor murder, aud he bad been absconding and concealing himself for two vears to escape arrest upon an Indictment for murder perpetrated in ltsHi, and also for a second murder perpetrated In 1804, while be belonged to the Kebel army. Notwithstanding these lactu. aud on the lace of his published order, the ollicer In charge ' received the murderer tnio his command, and he Is now going publicly around, to the terror of the people. We have been Informed and believe that the fiarty alluded to is one of the most respectable men n lire command, and we reier 10 hlra for the reason that he Is oneof the lew men of whose character we can epeak wlih certainty, and not for the purpose of tixlug him with au Infamy that could distinguish him above his fellows. This band ol armed desperadoes, seething with hatred towards our people, aud falsely pretending to be Hie guardians or the law, began their depiedatlotis upou us by wanton searches of our homes and the seir.ure ot our property, falsely pretending that they had authority to search our bouses and sel. our Slock as the property of the United Stales tlovernment. In the exercisers this pretended authority, they have robbed us, cursed and abused our wives aud children, and de nounced all who questioned their right. They have taken from our farms the means of making their crops in tome Instances, and appropriated the pro perly so taken to their own use. They maintain " the Tight to take the property o onr cltlr.ens with Impunity. They bave kept our community in con stant trror by threatening the lives ol many of our linens. They went to the house of one of our citi zens In the night lime, end fired several show at him, and be saved his life only by night. They lok an : other -auiet, law-abiding citizen from betide his iieai thSione, and nesplto the tears and pravers of his wife and aged father ti.ey to k him to the woods and -hnt him dnwn ilka a don These red-handed murder ers are still at large, aud are denouncing the most terrible vengeance against an n qumm i h" ... ...... ui.u in nr their will. Iuinove- rished aswe are, many ofour peoplein that portion of our country nave ueen jorueu u vu. boosts and their growing crops in order to save their lives, and In every part of our country our -people are filled with fear and apprehension; aud. Indeed, bo absolute and complete U the reign ot terror tbev have Inaugurated, that many of our people are Afraid to meet with us to peaceably present our wrongs lo the consideration of your Kxcellencv. This terrible taie of aflalrsls beyond endurance, and Inasmuch as tliis cruel, bloody, lawleis baud was organized, armed and ael over us by our Suite authorities Inasmuch as It is your duty as Chief Magistrate to see that the laws ire faithfully execuied-lnasuiuch as we bave the riant to peaceably assemble ourselves together to petition for the redress of our grievances, and Inas iiincri as we have au abiding conlideuce In your solicl--aude for the welfare and protection of all law-abiding .citizens, without reference to their antecedents, or toolllleal sentiments, we, therfore, earnestly entreat your Excellency If you question either the pro nrletv or expediency of removing the lawless ttaud which lanppre-slng us that you will send to our conn t Vv a fufllclent number of national troops to protect our persons and property, and bring to punishment lb e murderers of our people.-iV. Y. JleruU. THE INDIAN TROUBLES. SO HOPS OV PEACH WITH THB 00 ALL ALL A SIOUX GKKEBAL SMITH IK COMMAKD OF THB MOURTAK DISTRICT ATTACKS FROM HOSTILE1 IRDIAKg. OMAHA. Nebraska, June H. General Buford f here, en route to Washington, to represent to Ute fclovernrueut that there is uo hope for peace ''ZgnTJFT en route to Fort Phil. rnevwlth several buudred results. Qene 1 rtmHb bS been selected by General Urant IS coSinentl the Mountain District which n "udTltu .whole Powder &$&,tl rulna are bel.i wcorled to tort Phi", Kearney b , h i! tf'iSa six companies of the Fourth ttSSilnoT Hunt. Ot Colorado, is raising volun hi MrmuSlon ot General Sherman. Gen ' ."Jrfr U on tue raaroh. About twenty ral h-S- hien kll led bJ Indians durln the men have been kiiie-u- r handrea head of rk-n!nVmUW- the Indians attack t!St!ntously balf-a-dosoa ranches. Spelling ladl Is defined runch aa A, D, CjD-tiiitJ. UNITED STATES Of COLOMBIA. mobquera'b coup d'etat hot popular at booota thb dictator to bb resisted. From the Panama Star and Herald, June 1. It is said the violent steps taken by General Mosquera bave given great dissatisfaction in the capital, even among his own party, aud that the mob which followed General Aldana, the I'resldent of Cundlnamarca, to prison, were so vociferous In condemning his arrest that they had finally to be dispersed by the fire of musketry. . Santauder, Anttoquia, and Tollma are ex pected to rise In strong force lo resist Mosquera. The Attorney-Ueneral of the nation aud two of the Judges of the Supremo Court bave re signed. Very stirring news may be looked for by the French steamer on the 28th. A REVOLUTION IN MAODALBNA A RIVAL FOB MOSQUERA. From the Panama Mercantile Chronicle, May 31. The Transatlantic Company's steamer Nou veau Monde.from St. Nazal re, touching, at Santa Martha, arrived at Aspinwall on Wednesday evening, the 21) lh Inst, wilt) passengers and the French mails. l!y this steamer we have authentlo Informa tion, through a private channel, that the Slates of Antloquia, Tollma, Cundlniunaroi, and Snntander bave repudiated the authority of General Mosquera, aud declared war agains bis Government. All communication has been suspended be tween Honda aud Hanta Martha, which ac counts for the fact that we have received neither our usual files of papers nor any cor respondence from Bogota by this arrival. We have Santa Martha papers to the 'lib. of May, but owing to the reason already slated, they contain no Items of Interior news, nor convey any bints as to the situation of ullalrs In the capital or Mosquern's later doings. General IUuscos, lately first designado, Is bow fully installed In the position of Constitutional President of the Slate of Magdaletia, and is earnestly working to save the Constitution and protect the State against any attacks by the partisans of Mosquera. By a decree issued at Santa Martha, dated the 1st of May, the President of Magdalena State, disavowing Mosquera, proceeds to declare him self jiro lev and tie facto President of the United Slates of Colombia. PROCLAMATION OF RIASCOS. We append a translation of the proclamation Issued by General Kiascos, "Constitutional President of the Sovereign Htate of Magduleuu, and accidentally charged witu the Kxeouilve power of the Union:" FKM.ow-CiTfZENS: On the unfortunate 29th day ol last April the President of the Kepubllo changed bis tille of Constitutional Chief Magis trate to that of the usurper of the public powers; and from that day has beeu euluroued In the capital of the Union a dictatorship which, for the last eight mouths, has been threatening all our liberties. President Mosqnera, who, by his turbulent, anti-republican, t ediilous conduct, bad already blighted bis laurels and cancelled bis past glories, unable to restrain bis unbridled am bition, has now registered his name in the roll of tyrants. Colom blans I The most sacred of your duties Is to sustain and defend the Constitution and the laws; and In the preseut solemn moment I conjure yon, In the name of our common coun try, not to think of President Mosquera as the man who, rising to the dignity of Washington, laid down before the convention of Hio Negro the discretional power with which he had been Invested, but the man who, in the violallou of bis oath, has Just trampled on all your institu tions. ; Colombians! The disloyalty of the first Magis trate ol the Kepubllo has accidentally placed in my hands the national executive power; aud I call upon you to rally in haste around the con stitutional standard. Jjet us be found grouped around It by the illustrious citizen who, with belter right, will yet diiect the destinies ofour country. In a short time the first Vice-President (Sr. Gulierrez, who la at present in Paris.) will airive among us to assume the execu tive power of the nation. You well know that his presence will be a guarantee of liberty aud order, aud that his sword threatens the usurper. Wit h your co-operation, the dictatorial edifice will be soon overthrown, because it has no foundation in public- opinion, aud Is barely sus tained by-a small number of erring men. Let us have pity on tbelr illusion; that is the proper and only sentiment for noble and generous natures to entertain. Santa Martha, I2ih May, 1867. (Signed) Joaquin Riaboos. PROCLAMATION OF DB MOSQDKRA. Tranquillity was securedon the 16lh of March by an arrangement between the different liberal sections nf me two houses and the executive power, and the nation unanimously, according to data which I now possess, expressed the satisfaction with which It witnessed, the recon ciliation of citizens of different opinions. Civil war has been inaugurated by the State ot Magdalena, notwithstanding the efforts whloh I bave made and make for the suppression of these commotions. A radical fraction of the house will see nothing but tyranny in order, nothing but arbitrariness In exercising tue functions of sustaining the laws, nothing but ciliuc and trausgressiou lu virtue. These men, of a presumptuous and anarchical character, betrayed their promisesof the loth of Murcb: destruction is tbelr sole oicupitlon they refuse to supply the President with the means to cany on the Government, and, in sliori, they have attempted to prove traitors to tbelr country, so only the President might suc cumb to their Influences. You already know their names. They are tbose who have never sought to promote national prosperity; who by pretending to effect the ruin of the President, his political friends and supporters, enjoy the idea of working destruction. The conservatives of the House, Ignoring their declared principles of order and virtue, by their decisive voles, bave united with the passionate opposition, aud bave contributed their share towards ex citing social disorder. Colombians! A message addressed to the President of all the Slates will convey an exact report of the more Important events which have occurred, and indioste the means to be adopted for maintaining intact their autonomy and sovereignty, showing the people that it is sove reign, and that to it belongs the sole power of removing the abuses of the Legislature when that body tyrauizes over and seeks to destroy federal society, and to annihilate the executive anthorilv. Colombians All, and especially those of Bogota and Cundlnamarca 1 The Government assures you the complete exercise of your guarantees; the prosperity and security of your persons will be sacredly protected as long as you remain submissive to the legal aud constitutional rule. Very soon this anomalous state of national afiairs will terminate, that Is to say with the reassembling of the Congress extraordinary, to meet when the new elections are decided. Fellow-citizens! Confide in the purity of the Intentions with which I am working to save you and save the nation. Dated in Bogota, In the Government Palace, on the 80th of April, LSU7, the flfiy.seoond year of our Independence, (Signed) Tomai C. de MosiiUEHA. The National Republican Committee. Governor Ward. Chairman, and several of the members of the National Republican Commit tee, met on Monday with a quorum of the Con gressional Union Republican Committee, in this city. Their session was protracted and earnest, and will result In a call for a meeting of the National Committee at an early date. The discussions were harmonious and friendly throughout, and on the great questions of the conduct of the national campaign and the more specific work of thoroughly and systematically canvassing the South .there were evinced perfect concord and unison. Kltiolent and energetic measures will soon be perfected for the dissemi nation of Republican principles and arguments throughout that section of our land so long closed to mails, newspapers, and free speech. The meeting broke up at a late hour, the mem bers parting with much good feeling aud many congratulations, confident from the post aud hopeful ot the future. The newest idea which has occurred to hatters is to call their business headology, and, of conrse, "Who's your hatter V must now be, "Who's our Iwadologer f TIIE TURF. GREAT TR0TTIK0 ON TUB FASHION COURSE BRUNO AND BRUNETTE BEAT THB BEST TIME ON E BOOED IN DOUBLE HARNESS. The Fashion Course was yesterday the theatre of one of the finest performances that ever took place on a trotting track, it being a successful attempt to beat the time made by Mr. Honner's celebrated team, Lady Palmer and the Fiathush Mare, by Mr. Marker's llruno and Brunette, On the lOtn of May, 1HI'2, Mr. Honner's team, without having reoelved anyjpreparatory train ing, trotted one mile over the Union Course to a road wagon In 2-20, and on the 13th of the same month, two miles In 6-01 1 i one of the quarters in the second trial being trotted In thirty-three seconds. Hlnce then no team In the country was deemed able to compete with these renowned mares, and no one ventured to dispute their supieraacy until recently, when Mr .liarker, entertaining the opinion that his team was equally swift, re solved to test their ability by giving them a publlo trial against time. Yesterday afternoon was the time selected for that purpose, and the trial took place immediately after the match between Toronto Chief and ltapld was de cided. Mr. Harker's horses are bays, brother and sinter, the horse six years old and the mare eight. They are extremely bloodlike in appearance, and well bred in reality; and their brilliant performance yesterday goes far to sustain the now prevalent and still growing opinion Ibat the nearer the trottlng-horne approaches the thorough-bred the more valuable be becomes. When Bruno and Pruiette made their appearance on the track they cansed a ureal deal of speculation among tbose present. Visitors were by no means so numerous as they would have been had It been generally known that the trial was to have taken place; but as It was the affair was witnessed by a goodly num ber, who appeared highly elated at the result, particularly as the previous general impres sion was that the attempt would prove abortive. They were exercised on the track for some time before the final trial, and trotted finely together, but not quite so steadily as was desirable in horses that had so great an undertaking as to beat 2 26 before them. The wind also was against them, the opinion of the most competent Judges on these matters being that it was fully as much as two seconds lo their disadvantage. However, when all was In readiness and they bad struck a telling and steady pace, they came up to the stand for the word and trotted around the entire mile with out skip or break in the unparalleled time of 2 2b) as ascertained from several persons who timed tbem.and also from Messrs. Harker, Car penter, and McLoughlin, who were In the s'and. The first quarter was trot'ed lu 36'. seconds, and the half mile In V2. Tney were handled by Mr. John Lovett, aud driven most skilfully throughout the race. iVetu York Herald. i lopement of a Methodist Minister. Tkoy, June 11. The quiet village of North Adams, Mass., was thrown into the wildest ex citement on Sunday last, by the discovery that the Hev. S. A. Merrill, the late pastor of the Methodist church at that place, bad eloped with a beautiful and interesting young lady named Houghton, leaving a wife and nine children. It seems that both parties had been absent from the village since Wednesday last, but as the young lady had told her parents that she was going to visit a friend in the neighborhood, und Mr. Merrill bad lately been appointed to another charge, rendering his absence from borne necessary a considerable portion of the time, no suspicions were aroused until Sun day, when the failure of either party to appear, taken in connection with the remembrance that there had been some former scandal In rela tion to them, suggested that there must be something wrong. Accordingly, on Monday morning, the friends of the young lady came to this city, and found that on Wednesday night last Mr. Merrill bad put up at the Troy House, registering bis uame as S. A. Merrltt. of New York, and that on Thursday night he had stopped at the American. From this It appears that the young lady did not reach Troy until Friday, tarrying here only for a short time, and leaving for the West on the same day. During Thursday Mr. Merrill madeoneor two attempts to borrow money, and was refused, 830 being the sum tbat he desired. Whether he finally succeeded in "raising the wind" we did not learn, but a report received from Utlca yesterday slates that be' had stopped In that city and was again trying to borrow money. He procured a ticket on the Central Railroad from a conduc tor on the Troy aud Boston road, with whom be was acquainted, telling him that he did not know whether he would go to Utlca or farther west, and would pay for it when be returned. The brother and brother-in-law of Miss Hough ton were in the city this morning, and intend to give the reverend villain pursuit and a warm f;rtetlng when they overtake him. The young ady is but 16 years of age, and, In addition to being one of the most beautiful aud accom plished young ladles of North Adams, Is most respectubly oonneoted. Mr. Merrill is well known throughout the Troy Confereace as a preacher of remarkable eloquence and power, and lias occupied some of the most important stations within its limits. A SPEECH BY JEFFERSON DAVIS. The only speech Jefferson Davis has yet made In Canada, was delivered In Niagra during his visit to that place when be was serenaded by the band of the town, and a large number of ibe townspeople. They were invited into Mr. Meson's house, where Mr. Davis ws staying, and introduced to that gentleman, who expressed bis thanks in the following brief speech: " "Gentlemen: I thank you sincerely for the honor you have ibis evening shown to me; it shows that true British manhood to which mis fortune is always attractive. May peace and Jrosperlty be forever the blessing of Canada, or she has beeu the asylum for many of my friends, as she Is now an asylum to myself. I hope tbat Canada may forever remaiu a part of the British Empire, and may God bless you all, and the British flag never ceus.0 to wave over ou." From Fortress Monroe. Fortress Monroe, June 10. The steamship Emily B. Souder arrived yesterday afternoon from Hew York, en route for Charleston. South Carolina, having been ordered here to take on board Companies B and H, 6th United States Artillery, nnd B and C, 29lh United Slates In fantry, which have formed part of the garrison of the Fortress for many months paiu The woik of embarkation progressed through last evening and early this morning, aud at 11 o'clock the steamer sailed for her destination, aniidH the waving of many tender adieus by the officers and ladles of the garrison who remain behind. General Burton and several of his officers proceed to Charleston by rail in a tew days, their attention having been required to settle their acoounts and papers. Major Lyman Bissell, lately the President of the Registration Board in Norfolk, went in command ef the troops. Lieutenant-Colonel George Gibson, Inspector-General of Schotleld's statf, has been assigned to the command of the District of Fortress Monroe. General II. A. Pierce, of Washington, D. C, is about starting on a stumping tour through the diQeirnt counties of Virginia, designing to speak on Reconstruction, and other ques tions now agitating the public mind. He com mences to-morrow in Portsmouth, and then visit in succession Suffolk, Bmlth6eld, Hamp ton, Elisabeth city, York town, Williamsburg, Charles City Court House, Sussex Court House, Charlottesville, James City, and other Virginia towns and villages. Samuel Collyer, the noted pugilist, who is to take part in the prize fight on Thursday, goes to Norfolk to-night for the purpose of having an xhibition at tho Varieties Theatre. Billiards Score of the Championship Match. : Montreal, June 11. At the billiard match lat night Dion beat McDevltt by 84 points. Time of the game, 2 hours 47 minutes. The wlnuer's avetage was 20 2-Ui loser's average, 11. The best runs by Dion were 616, 177, 123, 118; by MeDevitt, W, 218. SECOND EDITION FR0?1 EUROPE BY THE CABLES. Financial nrt Commercial Report to Noon To-l)r. Lonpon, June 12 Noon. Consols for money, 95; United States Five-twenties, 73: Illinois Central, 79; Erie Railroad, 40. i Liverfool, Juue 12 Noon. Cotton opens quiet. The estimated sales for to-day are about 10,000 bales; middling uplands, Hid.; middling Orleans, lljd.; Corn, 35s. id.; Tallow, 43s. 6d.; Linseed oil, 41s. Southampton, June 12 Noon. The steamer German ia arrived at 2 P. M. yesterday. second despatch. Liverpool, June 12-2 P. M. The steamer Manhattan, from New York on the 1st, has arrived. The barque Merrimac, Captain Marshall, from Messina for Philadelphia, had put into Gibraltar lenky. Lonoon, June 12-2 P. M. Consols, 95; U. 8. Five-twenties, 72 j; Illinois Central, 784; Brie Railroad. 40. Liverpool, June 122 P. M. Cotton is firmer. Sugar steady. Other articles unchanged. THE ASSJISSIMTIOJJ TRIAL. The Trial of John II. gurratt-Thls Day's Proceedings. Wafhinoton, JuDe 12. The trial of John II. Surratt, indicted lor the murder ot the late President Lincoln, was resumed this morning in the Criminal Court, Judge Fisher presiding. The interest in the case continues, and the crowd in attendance to-day was as large as upon any previous oecaslon, although the court was announced to convene an hour earlier than usual. The prisoner was brought Into Court shortly after nine o'clock, and assigned to a seat beside his counsel. His brother Isaao Sur ratt accompanied the prisoner into Court, and occupied a scat near him. The Court was formally opened a short time belore ten o'clock. Judge Fisher stated to the bar that he could not be present at nine o'clock, as he bad expected, on account of being much indipposed. Alter the names ot the jurors had been called, Judge FUher said that, in regard to the motion of Ibe District Attorney, challenging the array, and to quadh the urj panel upon the affidavit ot Mr. Samuel Douglass, he had considered the arguments of the counsel on both sides, and wonld now proceed to pronounce his opinion ou the motion. The Judge then delivered the following opi nion: "The United States vs. John II. Surratt. Indicted for murder. Motion of the District Attorney to quuxb ins array, grounded upon tue affidavit of Bsmuel Boii glass. Ken later ot Wnsblugton City. The aot of Con greKS, approved June 1, issa. entitled Ad act for Ibe selection ol jurors to serve In tlieaeveral Courts ot tue District of columt.ia,' provides for the selection of Jurors in tbe following manner Tbe Clerk of tbe Ijevy Court Is also required to mske a list by tbe same lime, aud in the like manner, from such persons qualified lo serve as Jurors who reside in tbat portion of tbe district not inoluded In either of the cities of Washington or (Jeornetown, And the Clerk of the city of Georgetown Is required to make at tbe same t Ime, and In tbe same manner, a list of persons qualified to serve aa Jurors from citUeDs of similar qualifications residing in George town. First. It makes It tbe duty of the Register of the City of Washington, on or before the 1st day of Feb ruary, to prepare a Hit ot tucb ot the white male citi zens, tax-payers, residing wlilitn this city, whom he may torn bent qualified to serve as Jurors, in whloh be may include the uames of sucb qualified persons as were on bis list for tbe previous year, but who did not serve as Jurors. And each ot these officers Is required to preserve 2ucb list, so made. In the archl rea of his office, aud to transmit Ibe aame to bis successor. The making of these several lists Is to be the work ot each ollicer in his separate oillclal capacity. The lists for tbe three principal divisions of tbe District being thus pre pared, it Is made tbe duty 01 these three ofUolals to act together and select, in their Joint capacity, from the linn so prepared as aforesaid by tbe Register of Washington City, tte uames of four hundred parsons and from the Georgetown llt tbe names or eighty person, and from the list prepared by tbe Levy Court tbe uumes f forty persons. The first section, which Imposes the duty of pre paring tbe lists ol qualified Jurors, treats of that duty as the duty of these officers respectively, Kach one is. in tbe express language of tbe act, "to make a list," and each one Is permitted, by the law, to place upon his list tbe names of such qualllied persons as were on the list of the previous year, aa "in the discretion of the ollicer making the came" may seem proper. Tbe lists are to be made by them aud kept by them re spectively, each one preparing and havlug thecharge and sale keeping of bis own list ot the perilous tor his respective uistricL About this there cau be no doubt, and, indeed there is no controversy in this case. When v.e come to tbe second section ot the art wbkh provides for the number of names to besele:ted from these several llsta of persons qualified to serve as iuiois, pei sons ot whose qualifications each of these t llicers is to Judge severally within blsowu Jurisdic tion or precinct. We fiad that tbe Legislature no longer uses the words respective or respectively, but proceeds lo declare, in ijiKissimli twin, tbat the olli cers afortsald, all of theiu, not one or two, butnff three or them, shall select from the list ot the Register of Washington city, Ibe names of four hundred persons; from tbtl of tho Clerk of Georgetown, eighty per :it: and from thai of the Clerk of the -Levy Court, forty persons. While tbe work of preparing the three lists Is tho severest labor of the officers, independent of one an other, tbe work of selecting the five hundred and twenty names is devolved upon the otUcers aloresuid, tbe whole three conjointly. It may not, perhnps, be necessary that tbey should all three meet together, aud at the same time and pluce agree upon the four hundred names to be taken from the Washington list, or the eighty from tbe Georgetown list, or the forty from the county list: but certain it is that all the offi cers aforesaid shall select the number of names pre scribed by the statute. Jfoueof the clerks only sUall make the selection from the list prepared by himself, or even If two of them shall make the selection, this will not meet the requirements of the law. The principle has beeu loo well established by a long current of decisions to he now questioned, that when the law enjoins upon three or more the duty of performing an act without giving to a majority the power to act In ibe premises, all must act, or the action of those who do act is a nullity; and there is not In the statute in question one single word or syllable that looks in tbe least towards a selection to b made from the three lists or any ot mew. except by the united Judgment of the three olllcera upon whom the duty Is Imposed. It Is Just as certain, there fore, that the entire three must act In making the selection of the five hundred and tweuty nuuies tor Jurors as that each of the Clerks and Register Is to prepare bis own lists severally. After these hio names ahull have been selected by tbe otlicers aforesaid, then the fourth section of the act ot Congress further provides that the names se lected troin said lists shall he written on separate and similar plecrs of paper, wbicu shall be rolled or folded up so lhat the names cannot be seen; and placed in a box to be provided by the Register and ('lurks aforesaid, which box shall be scaled, and, alter slog thoroughly shaken, shull be delivered to the Clerk ot tbh Court. 7 be fifth section provides that when Juries are needed for any of 'he Courts during the year, the Register and tbe City Clerks aud the Clerk ot this Court shull meet at the City Hall, and such Juries shall be drawn by the Clerk of this Court, who la lo publicly break the seal of the box, and proceed t draw the requisite number of names. Kuch are. briefly stated, the provisions of the act ot Congress upon which the motion In this case to quash the array is rested, as I understand tbem, aud aa I apprehend they must be understood by everybody possessed of ordinary capacity, and free from the bias of Interest or prejudice. There caa be no other con struction put upon these provisions which will not do Violence lo, aud, Indeed, utterly pervert tbe language used by tne Legislature to convey their Intention, Id enacting these provisions It wat doubtless the Intention of Congress no longer to leave In the bauds of one man. the Marshal, or any other single man. the power of selecting Juried lu whole or In part, except in the exigencies of certain cases, fur which they pro vided in the same aot, and which cases are of rare occurrence. This power, vested oftentimes In Marshals and fsberlffs, nobody doubts had theretofore been often grossly abused, and in many instances made the In strument ol Injustice and wrong; aud Congress thought It would better serve tbe purpesea f Justice If It should substitute tbe com. blued selective power to three or four officers the Register of Washington city, the Clerk of Georgetown, tbe Clerk ol tne Levy Court, and the Clerk ol the Hupreme Court, In the place of the muoh abiised and arbitrary solitary power of the Marshal. This language, In my Judgmeut, expresses the Inten tion as clearly as any Idea caa be pictured by the English language. Each of these olllcera were doubt lens Intended to act aa a safeguard against any abuse which the partiality, bias, or corrupt disposition uf tbe other mluht possibly allure htm to commit. The affidavit ol Baiuuel Douglas, the Register of k WaoijiugtoB cuy M iue uwsof the siecDoaU Jan- nary or February Inst of the Dames from which the prpKf nt panel of Jurors Is taken, shows: First, That neither the clerks of the Georgetown nor or the Levy Court saw one single name on his list, much lens aided or co-operated with him In se lecting the four hundred which the law requires; that these three officers aforesaid should select, and that he did not see asingle name upon the list of either of the others, or co-operate In selecting from their lists, n thecontrary.lt shows that each ot these three officers put Into Urn box the number nf names speci fied In the act for their respective Jurisdictions, each Independently of the other, and without the slightest regard to the Judgment or consent of the other two. 1 he affidavit further shows that, after the selection ot the names to be pnt Into the box hud been thus made, In ntter dlregard of the requirements of the act of Coogrraia In that behalf. In stead of sealing up the box and thoroughly shaking It. and then depositing It with the Clerg of Ihe Hupreme Court, as required by the fourth section, and then meeting artel wards in the office of the Clerk ot tbe Court to witness him break the seal and draw the names of the Jurymen for the present term of this Court, as provided for In the rllfth section of the act. tbe Clerk of Georgetown city at the same time though In the presence of the Clerk ot the Court and the other olticers, proceeded to draw from tbe box tbe nanie of tb Is present panel, to whlob challenge Is now made. This was also a most reprehensible disregard of tbe plain provisions or the act. These are tbe facta upon which thlj application to quasb the array is grounded. The question presented by the law and the tacts, whh h are all admitted by tbe demurrer, for the deci sion ot the Court, Is twofold In lis character. First, Does the law of Congress require that the Judgment of all three or tbe olticers named therein should either untied or severally, pass upon the entire two bundred and fifty names required to to Into the box, or does it only require teat the Clerk of Georgetown only should pass Ju gment In select ing the eighty names from that city, the Clerk of the Levy Court upon the forty to be chosen from the rural portion ot Ibis district, and the Register of Washington, to select alone the four hundred to be taken from this city T Hecondly, Whether. If tbe act of Congress dms re quire the Judgmeut of all three of these o fleers to he exercised lu I he selection of the entire Ave hundred ana tweuty names lo be placed lo tbe box be piacltw them there lu manner described by Mr. Dougl is In his affidavit-is the cause of tbe principal challenge to ti e array, I am clear In my conviction that the law requires the united Judgment of the three officers named In tbe act, In the selection ot the entire number ot names to be placed In the box, for tbe reasons that I bave already mentioned. Ho, tben, the several action of each of these officers In selecting exclusively from his own list and not even looking at the lists of either of tbe others, or even knowing any of the names taken from these lists to be placed In the box, as sworn to by Mr. Douglass and admitted by tbe counsel tor the f rlsoner, is a ground, In law, upon wVob to set aside he;array. It Is argued by the counsel for tbe prisoner that It Is not, tbat nothing except a defect In the summoning of a Jury by the Hherifi Is principal cause of challenge to the array. In Kunlsnd, by the common law which we have Inherited from our British ancestors, and which ia the law In this District, by which we are to be governed In the decision of this question, and the case of the Queen vs. U Connell and others, bas been cited by tbe counsel for the prisoner at tbe bar, as conclusive of tbe question in tbls case. I con less tbat my veneration for the com mon law of Kngland may sometimes run Into a weakness, but the day Is long passed with me. and should be with everybody, when decisions of courts and mere arbitrary utterances of text writers, how ever "boary with age or exalted In position," are to be accepted as Frocus ean beds on wblcb other courts nnd otlir people are bound to set themselves, with or without reason. With me no decision Is of weight that lacks ol reason fur its solid foundation, unlets It be the decision of a superior court that holt." a mastery over me, whose mandates, right or wrong, reasonable or unreasonable, I am compelled by law to obey. Decision or Judge Fisher. Washington, June 12. In the case of Surratt. Judge Fisher, of the Criminal Court, quashed the array, having granted the motion ot tbe United States. He discharged the present Jury, and ordered twenty-sit talesmen to be summoned, in order to select a new one. The Court then adjourned, . Fiie at JLockhaven, Pa. i Lockhavkn, Pa.. June 12. A Are broke ou In the rear of tbe Fallon House, at this place, about 4 o'clock this morning, entirely destroy ing 'While's Hotel, Leser's drug store, several small buildings, and part of tne Fallon Honse. A livery stable containing sixteen horses was destroyed, and the horses all burned. Part of Shaw, Towns & Co. '8 steam saw-mill was also burned. The flames spread to tne adjacent lumber yard, destroying one million feet of lumber. The loss Is estimated at iiO.OOO. Departure of a Raft Tor Europe. New Yoke, June 12. The raft Nonpareil, for Europe, cleared the bnr at Bandy Hook with a fair wind, at quarter past seven o'clock this morning. Ship News. Boston, June 12. The brig Levi, of and from Boston, May 2.'), for Ban Francisoo, put Into Pro vincetown last night, leaking at the rate of a 00 strokes per hour In a rough sea. The leak Is In the rndder post, which will be re paired, and the vessel proceed on her voyage again. markets by Telegraph. Hiw York, June 12. Stocks strong. ChlcasfO and Bock Island, so1: Heading, 107-,; Cauton Com pany. 44-; Cleveland and Toledo, 117V: Cleveland and Pittsburg, 7V. FIltBhurg and Fort Wayne, M'i; ftllcblgan Central, lU.'i: Michigan Southern. 6i New York Central. IU2: Illinois Central. 131; Cumber land preferred, Su'4: Virginia 6s. 67: Missouri 6s, Hudson Klver, 108,'; United States Flvo-twentle. lKfl-z. lin':: do. 1864. 106: do. 1865. 106V: Ten-forties. h: Seven-thirties, first issue, 106'.'; all others, HX Money, 7 per oent. Sterling exchange, Ho,',, sight, 110J. Oold, 137V. Sale op Bkal Estate. The following real estate was offered for sale at the Pniladelphla Exchange, by James A. Freeman, oommenolng at noon to-day, with the annexed result: fchare Mercantile Library $f,T7ti Ground-rent of S78 per annum i.") Dwelling, No. 1804 Meybert alreet ... f500 Dwelling, No. lsns Seybert street Itu Dwelling, No. 1811) Beybert street ..... f476 Dwelling, No. 1812 Heybert street.... 1473 Dwelling, No. 1814 Seybert street . tl7i Dwelling, No 1816 Heybert street (1105 Dwelling, No, 1818 Heybert street f 1100 Dwelling, Ne. IftttO Steybert street t-ViS Dwelling. No. lsri Hcybert street... If-ViS Dwtllmg, No. Dti4 Peybert street f 1100 Dwelling, No. lee Keybert street tints) Dwelling, No. 1237 N. Nineteenth stroet fltOO Dwelling, No. 1219 N. Nineteenth street tlVX Dwelling, No. 1241 N. Nineteenth street I400 Dwelling, No. 1417 Mervlne street fUX) Dwehlug, Filth street, above Dauphin tvt-K) FINANCE AND COMMERCE. Orrics ov tub Evinino Telegraph,! Wednesday, Juue 12, lbt7. There was more disposition to operate In stocks this morning, and prices were rather turner. Government bonds continue in fair demand. 16C5 S-20s sold at 106J, no change; and July 18GS 6-20 at 109. an advance of . 109i was bid lor 18G2 6-208 ; 994 for 10-40s; and 105j106 for June and August 7 '30s. City losns were unchanged. Railroad shares continue the most active on the list. About 4000 shares of Beading sold at from 63tt53 81-100, an advance of 4; Pennsyl vania Kallroad sold at 62, a slight advance; Camden and Amboy at 129, an advance of J; and Lehigh Valley at 60, an advance of J. In City Passenger Railroad eh tire j there was very little doing. Spruce and Pine sold at 26. 65 was bid for Tenth and Eleventh; 66 for West Philadelphia; and 12 for Uestonvillo. Canal t hares were firmly held. Lehigh Navi gation sold at 47, bo change, and Susque hanna Canal at 17. an advance of . 191 was bid for Schuylkill Navigation common, and 6GJ for Delaware Division. Quotations of Go!d-10 A. M., 13T4; 11 A. M., J37i; 12 M.,1371; 1P.M.. i:74. i The N. x. Iribune of this morning says: "Tbe Financial Chronicle seems to be trou bled at the good management of the Treasury In the matter of funding the debt, and brings little intelileeuce to bear in its explanations of the variations in the price of 6-2tts. It says: t "He has converted and sMd for cash "r 81,(100,000 of 6-SO bonds, and has sold ij8". ' "J price In order lo attract buyers, and w get rid of them at the average rate of 2.ooo,oo0 a " " ,mLe Into the market. Is proved by the fact that aur Ing the Ihreeor lour days which have " "P ! '" ,h 'oP ped selling, the price has gone up per oeut. . V -Thi ! Mercury ha made no ' wnloo, The new issue of 6-20s sold May 8 at 1074107, and has steadily advanced la the face of what Th Chronicle calls sacrifice' and 'concession. The new issue steadily advances chiefly from the fart that a coupon In gold will be due on tbe 1st of July. The Secretary is steadily moving towards specie payments, to the damage of' a large number of speculators In stocks and com modities, who find an outlet for their complaints in such remarks ss The Chronicle and limes make upon his administration. "There are more 'To Lets' to be seen in busi ness streets than have been noticed for several years, and prices of real estate, except for special locations, favor the buyer. The demand for property is mainly confined to 'medium,' and fancy descriptions cannot be placed except at a concession. The high prices paid for building materials have elven way, and quota tions tend downward. The variations since May 21 are shown by the following tables rales or buii.dims matehtau M'iv 11. June. 10. DffllnM. Brick, common, per M. Ins 13-50. tprsortito. (M-sefnJS'W) Philadelphia, do 6.v. 60'(ab8. 12'6ihjj Lime, common, bbls.... l'20(jl ri0y 86ij r A Washington despatch says "On Saturday last the United States Treasury helil the largest amount of money ever held at any one time since tbe organization of the Uovernmeut, lo wit: tlKO.OOO.OiK), of which tis2.0"fl,000 were gold, and trs.ooo.ioo currency, Tbls amount was reduced flu.ooo.voo to-day by tbe maturing of the June com pounds and Interest, and on tbelsth Instant will be reduced 9.0isi,oi'O more by the Interest on the June Keren thirties. Tbe Internal He venue receipts on Monday were t78.783 W, and for the first ten days In June are 7,487.7H0'38, Indicating that the estimate of )2.oeo.nuo for June will be fully resched, as tbe income tax is now dally swelling the receipts." riilLADELPillA STOCK KXCUANlitt SALES T0-D1Y Reported by Da Baven A Bro., No. 40 8. Third street FIRST BOARD. f'0ii0 5-20s 'SS.cp- loA'Ci 6 tb Rad1ng...sV Ss fUMIO 500 do.,8fi.Jyo..lti't loo. do.'tt8.Jy.c.liJ. 2UH do.....j)tjO. H1 do.. c 6JN do o. M do... W, W0 do-'a"..Jy.c10t-j 0 400 100 (UK) 100 200 H) 100 500 100 100 100 200 400 sum U at .a, as, as..- es 1000 do... .s& 89 150 Hch N Ss. '82 78 do....s60. MS do....la. &3V timOHusqClBs.bdwn. Hj do. c 63V do ...s0. do.....ls-sl0 SUV do,,,..,.f6.63'8l 7 sn (jam B Am.......iZ!is 10 sh jA-h Nstg....... 47 ss sn ijen v s 600 sb Husq Cl....b6. 17 82 sh Fenna B,.....ls. 52 100 4" i i 62 102 do... ls 62 a do..n...s6. 62 60 do... bo. 6i do.-. ..sawn.. do .arto. do.....b30. I do..s8.6.tst do ...jso. M doslo. tuv Messrs. Do Haven & Brother, No. 40 South, Third street, report the following rates of ex change to-day at 1 P. M.: U. 8. 6s of 1881, 112 112; do. 1862, 1093(3110; do.. 1864, 1Q6K(($ 106J; do., 1865, 106(ai06i; do., 1865, new, 109,6) long ; do. 6s, 10-408 , 99j3par;!do. 730s, Aug., 1064 O106J; do., June, 105Jl05j; do., July, 106 105 J; Compound Interest Notes, June, 1864, due; do., July, 1864, 118Jf4119, i do. Angnst, 1804, 118j118,; do., October, 1864, 117IH7 ;l do.. December, 1864, 116j116); do., May, 1866, 116 H6; do., Am?., 1865, 1150115; do., Septem ber, 18G5, 114A (31115; October, 1865, 114114J; Gold, 137i137. 8ilver, 1304132. Philadelphia Trade Report. Wednesday, Jnne 12. Tbe dormant condi tion of the Flour Market noted for some time past stlil continues, but prloes remain without quotable change. The demand Is entirely from the home consumers, who purchased a few ban dred barrels at t8iS9 00 $ barrel for superfine; S910'00 for extras; $1012-5Q for Northwestern extra family; ll13O0 for Pennsylvania and Ohio do. do.; and H17 00 for faucy brands, ao cordlng to quality. The last sale of Rye Flour wasat 47-60. 600 barrels Brandy wine Cora Meal sold on secret terms. The Wheat Market Is In such an unsettled condition that It is Impossible loglve anything like correct quotations. Hye may be quoted at 81 -60(31 l bo bushel. Corn Ia dull at the prices quoted yesterday; sales of yellow at 1081'10; and 1400 bnsbels Weste-n mixed at II 07. Outs are selling In a small way at 750. Nothing doing Jn either Barley or Malt. Whisky The sales are unimportant, ' LATEST SHIPPING INTELLIGENCE. PORT OF PHILADELPHIA... .JUNE 1. BTATB Or THKRMOMETKH AT THB XVXNIXe) TJU.B QRAPH OJ-riCK. 7 A. .....I11 A. M .74 S P. U,,.,, 78 For additional Marine News see Third Page. -CLKAKKD THIS MORNING. ' BrlR Charles Wesley, Force, Boston, Warren, Gregg & Morris. , Brig- Keystone, Baxter, Portsmouth, Workman A C. Bohr Isabel, Bmlth. Halifax, K. A. Mouder A Co. Bobr M. Fillmore, Chase, Boston, D. Cooper & Co. ' SchrC. a PettliiKlll, Allen, Boston. do. bchr Franklin, TIce. M lllvllle. Wbltall, Tatum A Co. Kcbr Bonny Boat, Kelly, Boston, M. Is. Buckley. ' Bt'r W. W blllden. Klgttans, Baltimore. J. 1 itnofT. Bt'r Millvllle, Iienear, Millville, Wbltall. Tatuin A Co. ABRIVED THI8 MORNINQ. '. Steamship Wyoming. Teal, 70 nours from Savannah, wlib cotton, etc. to Philadelphia and Houtbern Mat! Hleaujsbip Co. Passengers Mrs. K. Miller and three children, Miss Mary Miller, Miss Louisa Brown. (J. M. Wheatlelgb, wife, and Infant, Mrs. F. W. Cornwell and two chlltlreu, Mrs. J. M. Barnard, Miss Barnard, Mrs. Five, Mrs. Husey and child, John MoDermott, wire, and two children, rtev. O. P. Tbackara. Messrs. J. M. Barnard, Jr., K Frank, Joseph Pugh.J. Malone, John Houston, K. T. Green, Mrs. F. ateiu. Miss Harvey, M. Iavidson and wire, and thirteen ou deck. Whip Charles Davenport. Btevens, from IJverpoot Hth April, witb mdse. lo John K. Penrose. Towed up by tug America. ship Bamoset. MeCobb, from Liverpool 14th March, with mdse. to P. Wtlght A Sons. Prus. barque Margaretba Blanna, Hoepner. I days from New York. In ballast to L. Westergaard A Co. Breru. barquentlue Kmma, Her both, 83 days from Bremen, with mdse. and lu passengers to cantalu. Br. brig Clyde.Wlmers.il days from Windsor, N. 8.. with plaster to C. C. Yan Horn. Bchr Palma, , 17 days from Olenfnegos, with molasses. The P, Is bound to New York, and put In fur repairs, having sprung a leak off Halteras. Schr K. H. Hamilton, Umitb, 10 days from Windsor, K. H., wtlb plaster to C. C. Van Horn. Bchr Ploueer, Lotbrop. s days from Boston, with mdse. to Crowell A Collins. Bchr White Bwan. Collins, 7 days from Calais, with plaster to K, A. Bouder A Co. Bcbr K. F, Crowell. Freeman, 4 days from Province town, with mdse. toO. B. Kerfoot. Bteamer J. H. Shrtver, Dennis. 13 honrs from Balti more, wltb mdse. to A. Qroves, Jr. Bteamer W. Wbllldin, Klggans, 18 hours from Balti more, with mdse. to J. D. Kuotf. Bteamer Millvllle, Keuear, 24 hours from New York, with mdse. to Whitall. Tatum A Co. COrretpondmee of the Philadelphia Bxehanoe. tiwits, Del., June 10 S P. M. Two ships, a three masted brlKftnllue. aud two brigs came In aud stood up to-day. Tbree barques and a brig oame down tbla forenoon, and are anchored in the roadsioad. A etornt prevails from NK.,and the heavy sea now ruuulua prevents ail communication between the snore ana The scbr Surah J. Willis, from Lynn tat Philadel phia. In ballast was blown ashore Wnm&rS.uJL miles south of Cape Henlopen. and i lading from TnZrZ Ves7uDl of wMer. . .111 Probably prove a total loss; sails, rigging. w-'jt;"kpH ZaFETRA, MEMORANDA. ' Schr General Peavey. Armstrong, from Lubeo tor Philadelphia".! Holmes' Hole SlU Inst., and sailed be'nrsJ. 'Williamson. Jr., Corson, and R. Carleten, Harrington, for Philadelphia, Bailed from Providence '1UBohr M. Williamson. Lake, for Philadelphia, cleared at New York yesterday. Bchr M. Tli ton. Krlulnger. for Philadelphia, sailed from Balom 8th Inst. Bolus L. I). Bmall, TIce, and Nellie D, Bbellhorn, hence, at Danvers 6th Inst. BrigC. Matthews, from Newport for Philadelphia, put Into Norfolk lotu lust., for a harbor, having been blown off. Bohr Leesburg, from Portland for Delaware Break water, put into Fortress Monroe 11th Inst,, leaking badly, having encountered severe N& gales, Tby tklbobaph.1 ,. Nnw York, June 12. Arrived, steamship America, Irom Bremen 2th ulk , . FoBTuswa Monbob. Jane 10. The steamship oen. McClellan. wblcb arrived to day from Boston, reporw having experienced a rough passage. A 'rs,.n,r? 1 "! vessels la detained la Hampton iwada, awallJu au opportunity to sail. DOMESTIC PORT ,hta Ariona NiwTobk, Juneli.-Arrived, steamship Aruona, Maury, from Aspinwall. -Kewnort. Bhipcilad Tidmgs. Thompson from Newport. Baique L. Morrow, Fraer. fr."r,"J , Barque Khea. Buoiholts. ''TZiiaM. Barque Btar Klug. ar" Vunuulllk. Barque ltuiealu, CasleUauO. fc-wu Juuu.
Significant historical Pennsylvania newspapers