DOUBLE SHEET THREE CENTS.
VOL. IX. NO. 1C1.
PHIL.VDELVHIA, WEDNESDAY, JULY 7, 18C9.
WTTTO
HTWTPJ
.1 inH yil
il ILLLJJJJ
I
FIRST EDITION
THE REGISTilY LAW.
Its Constitutionality Affirmed
by the Supreme Court
in Banc.
The "Hirelings, Vagabonds, ami
Outcasts" Encounter an Over
; whelming Defeat.
Judges Agnew, Williams, and Head
j Sustain the Law and the Purity
v . of the Ballot-box.
Chief Justice Thompson and Judge
Sharswood Prefer the Old-fashioned
Democratic Way.
. In the cane of ratterson ct at vb. B.trlow ct itl., an
appeal from the decision delivered recently by Judge
Sharswood at Nisi Prius, declaring the ItcgiHtry law
unconstitutional, a majority of the Court this morn
ing reversed the judgment and affirmed the consti
tutionality or the law. Tho following is the opinion
of the Court In full, as delivered by Justice
Agnew :
We regret thai the necessity for nn immediate decision
in this case has -allowed so short time for the prepara
tion of our opinion, and (hat the public character of tue
' questions demands a treatment too full to be compatible
with brevity.
The plaintiff" are private citizens, electors of the Com
monwealth, tax-payor -and holders of real OHtate in the
city of Philadelphia. 4y their bill they ask lis to der.Iitre
Illegal ana voiu an tviui nie tjencrai akiwiuuijt ioMKm
the 17th of April, lstflt, aupplomental to the election laws
of the Commonwealth, and to enjoin the Councils, alder
men, commissions, Controller, and Treasurer of the city
' from carrying its provisions into effect. Ttie defendants
deny the standing of the plaintiffs as proper parties, and
the jurisdiction ut the Court over the subject. In view
' of the danger to the poace and quid of tho
Iieople if the constitutionality of this law should
le left in uncertainty, wo shall pass by the questions of
tending and jurisdiction in order to roach the all-important
one uKn the validity of the law- Ir. pawling
(hew by we do not mean it to be inferred that we nave
not grave doubts of the right of the plaintiils to represent
the public, and of our own jurisdiction to enjoin against
one of the political systems of the Mate in its en'iie
scope, because of the invalidity of soiuo of its provisions.
We doubt the right of Mie pltintilfs to cull for nn in junc
tion beyond that portion of the law which tbey, as pri
vate citizen, can show to b injurious to thoir own
rights; and it is more than dotihtuil how far, at private
citizens, tbey can impugn the law, in its public a (pools,
and ask lift to restrain its execution on public grounds.
This is the only system to regulate elections intended by
the Legislature to be left in lorce; all laws supplied by it,
and all inconsistent with it, being expressly repealed
If, as coirt ot equity, we can lay our hands
..on the whole system because of the illegality of
some of its parts, we cun on the eve of any election arrost
the entire political machinery of the Commonwealth,
winch is set in motion by a general election. This is a
stupendous power, and to see its true aspect we have only
to suppose the act of 1K111 and its supplements to he still in
force, and that thiB bill is hied to enjoin aguinst it on the
ground of the alleged illegality of some of ita provisions.
As a question of power, we would have the same right to
enjoin against it, and thus to atop tho wheels of govern
ment, bee the State of Mississippi vs. Andrew Johnson, 4
Mallace.
We come now to the important question whether the act
of 17th April last, called the Registry law, is constitu
tional y It is admitted that the Constitution cannot exe
cute itself, and that the power to roguiate elections is a
legislative one, which has always been exercised by t lie
General Assembly since the foundation of the Govern
ment. The Constitution appoints the tune of the general
election, proscribes the qualifications of voters, and en
joins the ballot ; and lor all the rest the law must provide.
The precincts and places, the boards of election, the lists
ot electors, whether called a list of taxablos or it register
of voters; and the evipence of persons and qualifications,
must all be proscribed by law. This undoubted legislative
, power is loll by tiie Constitution to a discretion unfettered
by rule or proviso, save the single injunction "that elec
tions shall be free and equal."
Hut to whom are the elections free? They are free only
to the qualijinl electors of the IXnmnonwealth. Clearly
they aro tutt free to the unqualified. Yhere must lie a
means ot distinguishing the qualiiieii from the unqualified,
and this can be done only by a tribunal to decide, and by
evidence upon which a decision can bo made. The Con
stitution does not provide t hose aid therefore the Legis
latureiuust establish the tribunal, and the means of ascer
taining who are and who are not the qualified electors, and
must Designate the evidence which shall identity and prove
, to this tribunal the persona and the qualifications of the
' electors.
How shall elections be made equal? Clearly by laws
which shall arrange all the qualified electors into suitable
districts and make their votes equally potent in tho elec
tion, so that some shall not tiave nioro v ites than others,
and that all shall have an equal share in tilling the offices
ut the Commonwealth.
But how shall this freedom and equality be secured!1
The Constitution has given no rule, and furnished no
guide. It, has not said that the regulations to effect this
sliall '.e uniform, it bas simply enjoined the duty, and
left the means of accotiiDlisument to the Legislature.
The discrttiou, thtrotore, belongs to the General Assem
bly, is a sound one, and cannot be reviewed by any other
department 01 tne Government, except in a case of plain,
palpable, and clear abuse of tho power wuioti aotutilv in
fringes the riguts of the electors. It is
not possible, nor does the Constitution
lequire tbst this freedom and equality o
election shall be a perfect one. Nn human law. aneuto.l
. as it must be by obstacles and a dittereuce or circiim
stances, can devise a system of perfect equality. Itca-i
only approximate it, and mere emu in the execution o
the power cannot make the exfcntinu unconstitutional.
Individuals may experience dilliculties, and some nut '
even lose their suffrages, by the imperfections of the eys
tern, but that is no ground to pronounce a law uncons't
tutional, nnlessit is a clear and palpable abuse of tl)
ower in ita exercise. Then that election is free and equa
where all of the qualified electors of tho precinct are care
fully distinguished from the unqualified, and are protected
in the right to delimit their ballots in safety, and unpre
judiced by fraud. That election is nit free and equal
where the true electors are not separated from the false,
where the ballot is not deposited in safety, or where it is
, supplanted by fraud. It is, therefore, the
duty of the Legislature to secure freedom and
equality by auoh regulations a will exclude the unquali
fied and allow the qualified only to vote. A free and equal
election is the end, regulations to attain it are tho mean.
If the end be attaiued, it is evident no question of consti
tutional law can arise on the uniformity or diversity of tho
regulations by which the end is reached. Of a neoemity,
law passod to promote a given object must be controlled
or modified by the circumstances surrounding the ob
ject, and must be framed to meet the exigeuoies standing
in the way of the end to be reached. If uniformity of
regulation be unsuited to ditferint localities, the
and must be ubyained by diversity. If in one part of the
Slate a system secures to electors a free and equal elec
tion, but fails to secure it in another part, because of the
difference of circumstances, what principle of constitu
tional law makes it unlawful to enact other provisions to
counteract the circumstances, aud secure the t rue uur
pose ot the Constituti my Good sense, good order, and
sound morality require this Oiversity ot regulation when it
secures the end ; and it is a great fallacy to substitute uni
formity of regulation for a tree and equal election.
This is not a new question. A registry law for the city
and county of Philadelphia was passed on the loth day of
June, IKSrt. The list of votes corrected and certified on
the first Tuesday of October, one week before the elec
tion, waa made "rAoy ant etinrlneitt.-. eridenrt of the
KNoMiii ut' the electors lheret' except in the rates of'
httOiwlimtiim hereiiibej'itre ni'iitittnt."
No attempt was ever made to question the constitu
tionality of the Rouistry law of lHM, though enacted under
the provision of the Constitution ot 17sti now in force. It
waa in lorce wheu the convention to amend the Constitu
tion sat in 18U7 -8, and entered largely into ita discussions.
The attention of the convention was thoroughly aroused to
it. in the committee of the whole on the report of the
committee on the ninth article, Mr. Kterigere of Mont
sy.iuery, moved to amend the fifth section, byaddin a
provision for .'.r,i'y in the regulations for elections
It was voted don, and when the report came up on
feecond reading, Mr. Ktengere again ottered it. The
amendment will be found on the SNtb
page of the 11th volume ol, the "Debates of the
Convention'" in those words: The tilth section being
under consideration, which reads in words fob
A lowing, VI,. : tin-lion &. That tlecti,,,,, ,ha!l he free awi final
Mr. riterigere, of Montgomery, moved to amend the said
second section by adding to the end thereof the words as
follows, VIZ. the ,treti lalr, ,, . , ,,-, ,,,,(
the Mate, unit greater or other reetric: imm eh ill he iin'ii uwl
upm, ,. eleeh. , ai,n city, eountti, or ,li.t,irt than are
y..f ,, the eleltme ,( eeerU other ,, e,,l, , ,li,l, iet.
Mr. Ktengere stated that this amendment was ottered in
committee of the whole, and waa rejected by a small ma-tV,?.'-.""!
M- Suo".f the city of I'hiladolphia, said
tins amendment was fully discussed in committee
Dart of I h Statu from h.l i, 1. . ......1.
1 he previous question was then called, cutting off the
amendment, and was anslained by a vote of M to 42, a
number of the political friends of Mr. Kterigere and Mr.
Mrown voting m the majority. Thus the 5tb Secti'm of the
Wh Article waa left aa it stood in the Constitution of 17WI.
luwit: I hat elect ion shall be froe and equal." This
W.V0 Prt VU '.Qe '""itivo strength of parlies in the
eonveution bein 67 and tie, and should put, an end to all
argument on the constitutionality of a registry law.
.I.i-llIMi!,!n ' uuifenn'tyof regulation was conclusively
?f M. 3,' "' The very purpose of the amendment
2,iMin. V,-. 10 rtltry the Registry law then
i i"u?1if . "f ,heid,"!t,,1 Provision in tli. Constitution
...'irrVn i l,e!Mu.t.""' "hail be free'aud equal. This purpose
was brought distinctly to view by Mr. Kcott, and the oon
vention, by this vote, decided agaiiist uuiforniily of regu
pVwer 'ut uupoalim restriction rpuu legislative
laat yr the question upon th power of the Legislature
la nHH i RaikMrv U . , V. ki - ...... ?. .
. Ui ol I'M t l.v, AiifutH,,u4 4iJijgrltjoJ
" sooum ie understood, lie said. Mat i'
;v;',t(:.r"''''' ji"," - "'
Mr. Charles Brown, of the county of Philadelphia, aald
he knew no reaaon whv the li,nhi l.- A.tr ., TV"
thetrtirtrmposAd of Justices Strong, Rea. and my i
self) held thai the fower existed ; but Justice Htr. n
thonaht the act of lHrtn unoonsiitoti nal in a single but
tne nisinct longer tnan ms eonsTiiurionai psrssi ui -i
da a. Thai law waa, theretore, held to be unconstitutional
byja majority, Jnetioe Read and I dissenting. The do
Oision, therefore, hs no bearing on the general question.
That a registry law to identify and distinguish true
elector is constitutional we cannot doubt, and that uni.
form regulations are not enjoined by the Constitution is
Deyona su aispute.
lint 1 there a necessity for local legislation requiring a
law adapted to the city of Philadelphia not soluble to
other parts of the Btaief If not, why is a ctt-ychartor
grentod with all it largo powers of local government, ita
special provision for polioe and for conduct f Where
population greatly abounds, vie and virtue have thoir
greatest extreme. A simple rural population need no
night police, and no lock up ; rogues and strum pete do not
nightly traverse the deserted highway of the farmer;
low inns, restaurants, sailors' boarding house, and houses
of ill fame do not abound in rural precinct ready to pour
out on election day their pestilent horde of imported
bullies and vagabond, and to cast them multiplied npon
the polls as voters.
In large cities such thing exist, and Ita proper popula
tion thereforo needs greater protection, and local legisla
tion must cum to their relief. The freedom and equality
ol the ballot -box must be protected from the local causes
which mar and destroy a free and equal election. What
crime have the freemen of Philadelphia committed, that
their voice at the ballot-box may be stilled by the fraud or
force which springs out of their local circumstances, and
vet the Legislature be powerless to relieve thorny In t he
language of another, that would be "to place the vicious
vagrant, the wandering mobs, the Tartar bordee of oor
large cities on a level with the virtnous and good maj on
a level with the indiistrions, the ioor and the rich."
Is that a wise and just interpretation of the Consti
tution which opens the polls of a Isrge city to
such imiKirtod hirelings and vagabonds without a homo,
by adhering to a nniformityof regulation unsuited to the
cily on the ono hand, or to the country on tho otherf Is
the Constitution of Pennsylvania so deformed and sierilo
that her laws cannot proteot. the ballot-lKix of a city from
falsehood and fraud because they admit of hut one un
broken system for the Htatey Hiich an interpretation of
the Constitution is wanting in merit, and can only operate
as sn incentive to fraud. How, then, can the freo.lom and
equality of elections be secured in a great city, if, from
tlieforce of local circumstances, the places of the real
electors are nsurped, if the ballot-box can be stuff ed with
impunity, or if su II rage can be exercised only at the risk of
violence or life?
ThuB the ground on which this case was placed at .v
isswept away, the postulate of the Inarm d Judge
being that uniformity of regulation throughout the IStiita
is a demnnd of the Constitution as tile equivalent of
equality of election. Put when it Is shown t hat the Con
stitution nowhere demands uniform regulations, and, on
tho contrary, that the very equality of elections domands
a difference in regulation to overcome the obstacles to
quality and fairness exist ing in the oily, his fun InmenUtl
position is overturned, and with it the entire argu
ment built npon it. Thon of what servioo
ie it to display the differences in this law between
the regulations made for the city and those for the State f
l et them be ten, or ten times ten, it is not t heir difference
that makes them unconstitutional difference of regula
tion is not want of equality in the election. He who would
prove them to be unlawful must show wherein they sub
vert the rights of the electors themselves. If the preva
lence of fraud, corruption or force in tne city makes the
law more rigid and exacting in order to determine the
rights of the lawful electors, it may be a hnrdship, but it is
ot caused by the law, but by the crimes which make the
luw necessary for their protection.
When file legislature possesses an undoubted authority
to regulate such, as in this case, its discretion is not the
subject of review. This is expressed by Hlack, J., in
Sharpless vs. the City of Philadelphia, H Harris, in these
words, "There is another rulo whicn must govern in case
like this, vir.., that we can declaro an act of Assembly void
only when it violates the Constitution elemhi, jwitKiAy,
,niiili, and in such manner as to loave no or hesita
tion in our minds. This principle is asserted by judges of
every grade, both in the Federal and in the Htate Courts,
and bv some of them it is expressed with ranch solemnity
of language." Ho refers then toriCranch, H7; 4 Dallas,
14; 13 S. and R.. 178; 12 8. and R., iMU; 4 Binney, 123. 8eo
also the opinion of Woodward, J., in Given vs. Common
wealth, decided at HarriHburg in IsoH.
We come now to the question, What, provisions of this
lsw for the regulation ot the citv elect ions, if any. aro sub
versive of the rights of city electors' Tho number of these
objected to is few. after having disposed of the difference
between citv and Kljite reirulat ions. Much stress has been
laid on the right of the people to elect the officers of the
elections, and much said upon popular rights which might
well be addressed to the Legislature in making or reform
ing the law. But, unfortunately for the argument, the peo
ple have, by their Constitution, disposed of all such
appeals when addressed to lis. What clause of
the Constitution forbids the otfioers of election, the ean
vusueM or even the assessors to he anoointcd by a board
constituted by law, whether it be a Board of Aldermen or
a Board of Commissioners? I-et the Constitution itsolf
answer: -Article 6, section 8 "All officer whose election
or appointment is not provided for in tho Constitution
shall be elected or appointed a shall be directod by law."
Here tnen is a law maoe untier rue uireci Bancbum oi tuo
people themselves, expressly given in the Constitution.
But it is said tho law is unconstitutional bocituse the
Board of Appointment in this case (the aldermen), have a
majority in it of persons belonging to a particu
lar political party, una tue argument
emitted to say a majority which is the result of popular
elections, inis grouna or unconsiiiuiionaiuy m a mw
because a board created by it is composed of individuals
of different political opinions with a majority in a certain
way, the resultof popular elections, seems to belong to an
ane fruitful in discovery. How is it possible that any
board composed of men can be organized wit hout a ma
jority in political opinion in one way or another t To a
party in the minority such a Imnrd must always be uncon
stitutional, if such arguments were to prevail.
But clearly it is not unconstitutional and not unfair to
designate u hoard of gentlemen chosen by the people to
administer the laws among them. If those men be unlit
stents, it is not the fault of the Legislature, hut of a
people who will elect such men to administer justice to
themselves. The law binds tho Board of Aldennon to ap
point the oilicers of the election, so that the political par
ties having a majority in the election division snail
have a majority of the board. It requires the
canvasser to be appointed so that each party
will be represented in the several boards of canvassers,
lidding a supervising power in the Courts to correct errors.
SVhat fair mind can pronounce this an of legislative
power, bo grots, so palpablo, and so plain as to bee jino an
unconstitutional act? KaidlChiof Justice Marshall: "All
power may be abused, and if the fear of its abuse is to con
stitute an argument against its existence, it might be
urged against the existence of that which is universally
acknowledged, and which is indispensuhle to general
safety." Brown vs. Maryland, 13 Wheaton, 441.
The argument that tho aldermen, being judicial officors,
cannot he coiupc l'od to act, 'is of no weight, and was so
regarded bv I he whole court In Pace ct al. vs. A lien et al.
decided last year. The position would ovorturn our own
acts as judges In the appointment or prison, penitentiary,
and building insjiectors, commissioners to take testimony,
and other officers. The practice is sanctioned by a con
turyof use. The lower courts till all vacancies in county
and township unices, such as commissioners, auditors, sur
veyor, district attorneys, constables, supervisors, and
overseers of the poor. The Associate Judge
constituted a part of the miliUry
board under the Bounty and Provision
laws, and the boards for the revision of taxes: and the
iudires of tlie iudiial districts appointed the revenue
commissioners, lint ides, t he aldermen have nut refuted,
and it is not likely they will reiuso, ana wuat authority
have these plaintiffs to gainsay their right to act, or to put
in a refusal on their behalf 1 The truth is, the whale
weivht of this obieotion consist ill the fact thattbe ma
jority of tho board, representing tho popular majority, hold
onposite opinions to the plaintiffs, and when a new deal of
the popular cards turns up a different majority, I suppose
gentlemen of the opposite party will use the same argu
ment.
The next objection, urged with equal and perhaps greater
seal, is t hut there is no provision for assessing persona in
the city after the 30th of Keptemhor. Tho purpose of this
regulation is obvious. It is to cut oft the unqualified per
sons who are imported into the district to displace the
votes of the true electois by taking a period for tne latest
assessment sufficiently distant from the day of election to
render it inconvenient and difficult for these hirelimrs to
obtain a false qualification. But what clause of the Con
sfitution requires the assessment of taxes to be
extended to any period t It is a new
discovery that, the aystem of taxation must
be sulMirdinated to that of election. Neither tiie Consti
tution of 17WI nor that of 1H3 prescribes any time for the
exercise ot the owers of taxation, tuough both use the
iHivmeitt of tax within two year as the mnansof distin
guishing the true eleutor, anil as evidence of tils resilience
anu meiuiiorsuip in rue community, it, is a great error in
constitutional law to mistake a restriction for an injunc
tion. When the Constitution provides that the eleutor
shall lutve paid ui'hin tuo ear a bt-ite or county tax,
which shall have been assessed at least ten days
before the eleotion, its purpose was to
restrain the assessment so that voters might not be fraud
ulently made at the very polls: but it did not require the
tax power to be altered eo that assessments should be
compulsory down to the tenth day before the election.
There is no express injunction, and it is not even a fair
implication. The rights of tho true electors were well
iirutected when they were allowed two years pending
or the "urtiietit of a tax to souitra their qualifica
tion, a period including certainly two, aud it might
be three, annual assessments. To this the law
adds an wm assessment at any time before
I he 'Jut hot KcDtemher. The time of tlli astesimont of
taxes is part ol a different system, that of taxat ion, and
the Cotisii.ution haa nowhere aaid it is to be subordinated
to the system of election, 'tins time belongs to the sound
discretion ol the L"irislut!tre,,and should lie regulated with
a regard to what they believe the best interests of the
citizens. If the Assembly believe that the best moans to
prevent frauds in the city elections is to increase tho
period for the la-t nutiMiiiU'iit, it maybe done, the only
constitutional provision being the re.'roo that tiie time
snail not ne " tnan tell (la nerore tne election.
The alleged double taxation scarcely deserves notice.
The sytm of nuiial taxation has marked the whole his
tory of the (lovernment. Ho whoso name is on the annual
list, and on whom a tax is nssobsed. is clearly not to bo
listed a second time for tajntiiun. Ilu is to be lUlod for tho
election.
The first list of electors Is to be made before the 1st of
June, and being made bv the same officer, is Rvidunt'y m
teuded to be made in conneci ion with the WigiP'il assess
ment. If an elector has bc-u already taxed, Ins lax will
b transferred to the list of electors; ir not. the tax will
I hen be assessed, in order to perfect his qu'ilitical ions as a
voter. V hen the law is so eaaily harmonized, it i,- a forced
construction which exacts a second tux fiiuit ouo whose
name is on the original list. The extra assessments on the
subsequent lists are evidently required to perfect the elec
tor'squalitications. ,
It is argued that the provision of this act which re
quires the assessors to omit from their lists all boarders at
hotels, taverns, sailors' boarding-houses, and restaurants,
and all persons not qualified electors having a fixed resi
dence in the division, is unconstitutional. It is said t hut,
a larg class of electors are thus excluded from the list.
This is a palpable error. The law forbids the assessor to
take down the names of such persons to prevent the
frsndH kuown to result from Lukiiiff down lists of Derson
given In aa boarder when no such persons are residing
at the hotel or boarding-bouse. But it nuwhers forbids
these omittel perilous from being placed on the registry at
the proper Mtueand on oroner avldence. On the contrary.
a'modeia urovided to euMbla evnrv tswful elector to be
raiUr4 hy wiuoatloe to the, assessor or to tba, ca '
vatser. Clearly, the feature oomptilnel o' Is a
U'e'ul provision to protect the rights of the true electors
of Philadelphia, and to reach the unqualified pen in
found at such convenient places just ispon the avs of an
elect ion, when their votes are needed by unscrupulous
men. Its purpose Is to eirlude t.hi frau mletii ,i,iiein.
by ct mpelling sll person not known houss-holders and
fixed inhabitant to come personally before tho proper
beard, and make proof of their right. True, the oinist.oo
rennires of single men. clerks, journeymen and transient,
brsrriers greater vigilance to secure their aiift re, but
the hardship Is not imposed by tho law, bnt
by the necessity which required it, In order to protect
them and all ot her honest elector from being supplanted
by fraudulent, voters. What, clause of the Oin-ti.itut.ion
forbids this power to be exorcised aecording to the exigen
cie of the circumstances T When the population ot a
locality ia constantly changing, and men are often un
known to their next floor neighbors ; where a large number
Is floating upon the rivers and these, going and returning,
and incapable of identification: where low inns, resi.rau
rsnta, and boarding-honses constantly afford the mean
of fraudulent additions to the lists of voter, what rule of
sound reason or of constitutional law forbid the Legislature
from providing a means to distinguish the honest people
of Philadelphia from the rogue and vagalionds who would
tisnrp their places and rob thorn of their right? I cannot
understand the reasoning which would deny to the Legis
lature this essential power to define the evidence which
is necessary to distinguish the false from tho trne. The
logic which disputes the power to prohibit masquerade in
elections, on the grouna that it affects their freedom or
equality, must also deny the power tojrepross the social
disorder of a city, because the same Rillnf Kightadeclarea
that all n-en are free and equal and independent
ane have the tight of pursuing their happineaa. The
pt.wr r to legislate on the subject of elections, to determine
their duties, carrieswith it the power to prescribe the evi
dence of the identity and the qualifications of tue voters.
1 he error is in sssuming that tho true electors are ex
cluded, herauee they may omit to avail themselves of the
means of proving their Identity and their qualifications.
It might aa well be argued that the old law was unconsti
tutional because itrequired a naturalizod citizen to pr.i
d nee bis certificate of tiie fact, and expressly forbade hi
vote if he did not. What injustice is done to the ro il
electors by making up t he lists, so that all persons without
fixed residences shall be required to appear in person, and
thus to fuinish a true record of the qualitind eloctora
within the districty
In connection with this suhjoct another feature is men
tioned aa a hardship, requiring the proof of residence by
two witnesses who must be householders and electors. But.
hi.ruhhip is not the lest of the constitutionality of a law.
This cae is no harder than the law which require a will
to be proved by two witnesses pefore a man can exercise
his more precious right of disposing of his property anions
his children when he come to die. Both laws have the
mine purpose, protection. One would protect elector
against fraudulent voters, the other would protect
the dying man against a fraudulent will. mMsjj
Anothercomplaint is mode of unconstitutionality on the
f ground that the canvassers are required to strike off the
ist the names of all uninulijiei persons, if upon o" in
quiry and investigation they shall find them to be umiuali.
Jini; but in the absence of the person they can only do
tin on the testimony of at least two reputable citizens
who are private householders.
'1 he argument is that the law is unconstitutional be
cause the canvassers might abuse their pjwers.
They are not porniitted to strike off any
qualified voter, and if they do he has his remedy at law to
compel them to restore his name. 1'he canvasser are a
legal tribunal established to docide on evidence of quali
fication, are sworn ofticers, and are required to proceed in
a due and proper mode, and decide nn sufficient evidence.
But a law can be pronounced unconstitutional when the
law itself subverts the true elector's rights.and not because
the tribunal acting under it luay make mistakes or even
abuse functions all tribunals of every kind could bo sot
aside upon such n argument. The language of Ch. J.
Marshall may be again roforred to on this point.
Another ground much urged is that the proper time for
the proof ot tho qualifications of olectors is the day of elec
tion, lor then only it. is said the ported of residence is com
plete; r.nd from the nature of the facts this cannot be
shown before. Grant it ; but this position iB taken in mis
take of the very law before us. By this law it ia on that
day, the election day, tho Klcction Board sits to receive
the vote and the proof; then the elector appeal- before
them and proves hia franchise: then the evidence is pro
duced and the decision mude upon it. But what clause
in the Constitution forbids the means to be pro
vided betorehand which furnishes evitlence of the faot?
W ht. clause lorbifis the makinir liu of a record ten
days before, that shows that the person offoring his vote to
the board was an actual resident in tho precinct ten days
bolero, and was then set tlown us entitled to claim his
privilege on the day of eloctiony Why is such a record not
good evidence that his residence actually began in the
district or pre-existod there ten days before the election?
It certainly does not dimmish the true elector's riht, but,
on the contrary, tends to secure it. It is butter evidenco
than the testimony of somo irresponsible and baseporjurer
brought to prove a false residence ut some low
hosrHinir-hoiisR The record bas the merit
ot truthfulness, and it relieves the trueatid honest elootors
of those unfounded and mulic:ous objections to his vote
made bv partisans of either silo. Here is the legal prool
that liis residence in the district beg..n in tho title consti
tutional time. Whit better prool can there well be of a
residence complete on the any of election than the per
sonal appearance of the elector on that tlay claiming his
veto, wit li his ballot in ono hand, and the register in the
other? It is good evidence, for the legal presumption of
residence arising from such proof is violent.
But it is unnecessary to discuss this subject at greater
length, 'the want of time to condonse tho argument lias
made this opinion already too long. Knoiigh has been said
to show that iroe and equal elections are tho true end to
l;o secured, and that the system of lawn regulating the
elections ia only the meuns ot securing the end ; tnat tin
tystem tif regulation is tho subject of legislation over
which the Legislature exercises a aoun I discre
tion; that no clause in tho Constitution
reuuirrs uniformity of regulation, or prohibits legislation
according to the obstacles which different locuhtios pre
sent to prevent a freo and oqual erection, and that it is a
mistake to substitute uniformity of regulation for the
tree and equal election which it is the objoot ol tne regula
tion to secure. We have also shown that, nonoof the fea
tures of this luw subvert the rights of the true electors of
this city, and that is the only tost of the constitutionality
oi any provision contained in the law.
It is true there is a kind ot libeny this Registry law will
destroy. It is that licentiousness, that adulterous troeilom
which surrenders the polls to hirelings and vagabonds,
outcasts from home and honest industry ; men without
citizenship and a stake iu the Governmeut; meu who will
ci.uimit perjury, violence, and murder itself. To prevent
this is Hie purpose of ttiis law, and it should havothe aid
ol fair men ol all parties to give it a lair trial an 1 secure
itstiueend. It may have defects, doubtless it has and
what t-ystem devised by the wit of man has not y
but ita defects, if any, should be remedied a they
aro disclosed by experience The law is not. unconstitu
tional. It is a part of the political system of the State, on
which its t.tticta and its very continuance depend; and
we. us a Court, have no right to nut our hands unnn the
wholo system on grounds of mere hardship or for defect
ol regulation, which are not clear and palpable violations
ol too letter or very spirit, oi tne tonsiiiut,ion.
The decree of the Court of Nisi Prius is reversed, and
the special injunction dissolved and the case remandei
tor further proceedings.
The II lHNt'ntinr Opinion.
When the reading of the opinion had been con
cluded, chief Justice Thompson said:
Judge Sharswood and myself desire to dissent from this
decision. I think the opinion, respoctable as it is, in no
manner shakea the opinion of my lirother Sharswoo'l at
Nisi Prius, in which I fully concur. But what I wish to
say is that I intend to write a dissent and file it as soon a
I have an opportunity to give tho subject a full and proper
consideration, adding my views to what Das already been
so well expressed !y my nrotuer DUurswooa.
Hie Court then adjourned.
Hiiprrme Court la Banc Chief Justice Thomp
son and Judges Read, Afc-new, Hliarswood,
nnd HllnniM.
The following judgments' were given tills morning
TUB TWENTY -NINTH JUDICIAL DIHTRICT.
Commonwealth ex relatione Attorney-Ueneral vs.
J am en Gullible. This case came on to be heard at
mi adjourned term of the court holden at Philadel
phia, aud was argued by counsel on demurrer plead
on part of the defendant, and now, July T, 1Htf9, It la
considered aud adjudged that judgment be aud la
hereby ordered to be entered in favor of the defend
ant and ugaiURt the Commonwealth, and that de
Ifiidaut be discharged heuce with his lawful costs.
J'er curiam.
No opinion was written, but one will be prepared
and Illt d lu the course of a few days. This case de
cides the unconstitutionality of the iaw of Feb. 48.
lKo8,alolihhing the Twenty-ninth Judicial distrlct,and
attaching I.yooniiug county to the Fourth Judicial
district, and thus attempting to deprive the defend
ant, the President Judge of the Twenty-ninth dis
trict, f his office.
Conrt of Quarter Nesnlona Judge Pclree.
The trial of prison c ises was begun this morning.
Charles Snyder was convicted ol tue larceny of
140 from tils employer.
Adeline Nelson, colored, was convicted of the
larceny of clothing from a house iu which she
boarded.
Francis Miigee wits convicted of assault and bat
tery upou a woman.
Markets by Telefffrttpl.
New Yok, July 7. Stocks active. Money active
at 7 percent, Uold, I8jv. b-'Ma, 186!l, laijdo.
1HC4, 110. ; do.lfeWi, ;do.do. uew, lit)'. ;do. 1867,
llti'i; do. ISOi, 110; 1U-408, lTj Virginia es, new,
61; Missouri 6, 88; Canton Co., 6a : Cumberland pref.,
ho; New York Central, 190 ; Hrle, iwy ; Heading,
',; Hudson Kiver, HUH,: Michigan Central, M ;
Mlchlguu Southern, 106-', ; Illinois Central, 144; Cleve
land and Pittsburg, loa; Chicago and Kock Island,
Jt4v; Pittsburg and Fort Wayne, 151,s, ; Western
t nion Telegraph, 87 4.
Nkw Yokk, July 7. Cotton quiet; 600 bales sold
atlUv e, Flour dull and declined Mm Ule. ; sales of
'ttjoo barrels State at totafl-70; Western at ftt7-.
Wheat dull and declined l(8c. ; sales of 10,000
bushels No, it at f 1-46. Corn easier; sales of 4ii,ooo
bushels mixed Western at U7o h-sh. by canal, and H6s
bac. by railroad, tiats firmer; sales of 82,ooo bush
els State at 7c.; anil Western at 78ca78iio. beef
quiet. Pork dull; new mess, ol-8iKi HA, Lard heavy
at l,(5;ii4c. whisky dull and quotations are
nominal.
Bai.timokk, July T. Cotton quiet and unchanged.
Flour linn ami in fulr demand ; Howard street super
line, to-v!tx h0; do, extra, tf'7fye6'7b; do. family,
7'7Nalt; city mills, Hiipfrllne, t.SKfVn8; do. extra,
W7; do. fuliill.V, t7-7na 10-fs); Western, RtiKrflue,
to-WuifstiO; tlo. extra, $.v7f.t;6-7o; tin. family, fi-zota,
7 -7 ft. Wheat lower; new red, 14ftV lddtj. Corn (Inn;
white, lMt'.; yellow, Voo. Cats, 70oi 7iv, Provision.
Uncuaueed. Whisky tirui, aud held at 103c,
SECOND EDITION
LATEST BY TELEGRAPH.
The International Sculling Match The
Harvard Crew Getting Ready to
Depart Crime in Tennessee
Spicy Controversy in
Baltimore Euro
pean Markets.
lOtc, I".lc., Ivtc, Etc. i:ic
FROM TUE WEST.
Crime In Trnnrmre-An Incorrect Htatcinent
Arrest of Notorious Thieve.
Despatch to The Evening Telegraph,
Memitiih, July 7. Forrest M. Powell, who
on Saturday night attempted to kill It. W.
Shelton, was yesterday committed for trial in
default of f 10,000 bail. 8hclton had published
a card charging Powell with having deserted
his wife, and Powell culled on him dotniindinu; a
retraction, which wna refused; he then fired nt
Shelton, the ball striking his arm. The
statement of the New York Jlt'rnld'n Knoxvllle
correspondent, that Commissioner of Registration
Boughtcr had issued five thousand registra
tions before being enjoined by Williams, the
former registrar, lslneorrect. Boughtcr had pos
sesion of the office but two days before the in
junction was served, and during that time not
one hundred certificates were issued.
K. D. Lindsay and John Glass, noted horse
thieves, have been arrested and comtntttod with
out bail. The former was identified in a crowd
of twenty persons by a lady, whom he recently
choked nearly to death while robbing her house,
to compel her to tell where her money was
hidden.
Fire.
Milwaukee, July 7 Nooinan & McXab's
paper mill aud J. Orton's flouring mills at Hum
boldt, Wisconsin, were burned last night. Loss
20,000.
FROM THE PLAIXS.
Five Mnrdcrern In Custody.
Despatch to The Evening Teleifraph.
Omaha, July 7 The United States Marshal
brought in five murderers yesterday, charged
with the murder of John Murty, on au Island in
the Platte river, last spring.
Kl III 1'iirnuiiiK the Indlitnsg.
Oeneral Cnrr is Btill pursuing the Indians, but
as they tire better mounted, they succeed in
keeping out of his way. A telegram from South
Pnss City states that the Indians attacked a
Government train iu Wind River Valley on
Sunday, and drove off forty horses from settlers
near Atlantic and Hamilton cities. Troops have
been sent in pursuit. A telegram from Sioux
Cily nnnounces the arrival of seven steamers
from Fort Benton, where everything Is reported
quiet.
FROM BALTIMORE.
A Spicy Controversy llclwccn tlie fulled Stales
Jlitrttluil and Judxe lluml.
Sjwcial Despatch to The Evening Telegraph,
Baltimore, July 7. There is quite a fierce
controversy now going ou between United States
Marshal Goldsborough and the Baltimore Ame
rican. The American intimates that Golds
borough, for whom Judge Bond was bondsman,
nt Bond's dictation summoned a thoroughly
radical grand jury, and that attempts were mado
to have Alexander Fulton, Supervisor of Inter
nal Revenue, brother of C. C. Fulton, editor of
the American, indicted for improprieties iu
oflice and removed. No bill, however, was
found against Fulton. The quarrel is sharp and
spicy, tending altogether to beget serious dis
sensions in the Republican party.
FROM NEW EXOLAjYD.
The llurvnrd Crew Preparing to Sail for
ICiiKlitiid.
Depatrh to The Evening Telegraph.
Boston, July 7. The Harvard International
crew will leave this city for New York this even
ing by the Boston route. They will remain at
tho Astor House until Saturday, ou which day
they will sail for England. While in tho vicinity
of New York they will visit Grcenpoint, where
they have a new shell at Ellwlth's establishment.
They take with thein to New York a shell re
cently built by Blake, of Charlcstown, and the
two boats will be put to practical tests to deter
mine their respective merits. The crew do not
consider the pull on Monday last us anything
extraordinary, and are persuaded of a reserve of
muscle not yet developed.
FROM TIIE STATE.
. .
Criminals Taken to Ilctlilflieni by a I'lilladcl
plita Dclccilve.
Special Despatch to The Evening Telegraph,
Bbthlehem, Pa., July 7. Yesterday Detec
tive C. Tryon brought to this place Dr. G.
Nephegji and W. T. Kosinsky. The former for
some time past has been living with his family
at the Eagle Hotel, Philadelphia. It appears
that they stand charged with having at different
times swlndlwd John G. Miller, of this place, out
of sums of money amounting in tho aggregate to
ifiiSO'OO. On being taken before Justice Brun
nor, they were sent to the jail at Eustou iu do
fault of bail to the amount of $5000 and $3500
respectively.
FROM TIIE SOUTH.
The Virginia Flection.
Fortress Monroe, July 7. The election in
this vicinity passed off quietly. The returns from
Elizabeth City county give Wells 1205 majority,
and Warwick county about J'-JO. Harris, colored
candidate for Lieutenant-Governor on tlie Wells
ticket, falls behind in the two counties somo
thirty votes.
THE EUROPEAN MARKETS.
This MornJuic') Quotation.
By Atlantic Cable.
London, July 7 A. M. Consols, 93',' for both
money and account. United States Five-twenties
quiet and steady at bl,J, ; Kile Railroad, lUtf j Illinois
Central, 9r)tf.
LivKBPOOb. July T A. M Cotton market quiet;
middling uplands, Vi. ; middling Orleans, 12 l.
Kstlinuted sales 10,000 bales. Other articles un
changed. Ixjmjon, July T A. M. Unseed oil, xsi 15s.
This Afternoon's Quotations.
London, July, T P. M Consols for money, 93 ',' ;
for account, 98 V! Illinois Central, 96 V.
Ijvkhi'ool, July 71. ii cheese, tfog. ; Lard, 70s. ;
Tallow, 44a. thh
Uavkjs, July 7, Cotton nominal.
SllCO"JfllI.
A lb a nt, July 7 James C. Matthews (colore! )
was the successful prize essayist competing for
a medal In the Young Men's Association in this
cily yesterday.
I Movements or Btcnnicm.
Deiqxitth to The Evening Teleffraph.
New York, July 7. Steamer Lafayette, from
New York June UtHh, arrived out this morning.
The Cunard stcamor Russia, for Liverpool, to
day takes out 804, 000 in speco.
THE rAHFIC RAILROAD,
How It f 'omparrsj with Other Lines.
The following despatch from the Coiniulsslntiers
appointed to examine the Pacific Railroads has been
reoelvi'd by Secretary Cox:
Han Francisco, Jun 38 To the Secretary of the
Interior: We have been over the two 1'acihV Kail
n ails, from Omaha to Sacramento, nl most all the
way by daylight, going at the rate of thirty miles aa
hour and over, and we find them to bit as good as
any new roads ever made In this counrry. They
were not perfected from Kcho Canon to the Hum
boldt, but hundreds of laborers are now perfecting
the work aa fast as possible. We are satisfied that
all lias been done in good faith.
B. F. Wat.
Jambh Brooks.
llenort of Commissioners Warren and Wilson.
The Commissioners of the I'nlon Pacific Railroad
made reports on the 8d Inst., at tho general office in
Boston, of which the following Is a summary:
In accordance with the Instructions of the depart
ment, dated May 16, 1869, the Commissioners of the
Union Taciilc Hallroad have examined the section
extending from the loaoth mile post to the
Hft 8-l'Kitri mile post, and report on the section
extending from the liJUOtti to the lOKith mile post,
that the unfinished work will require about tr8,450.
The Commissioners report on the section extending
from the 1040th to the ltwoth mile post, that the un
finished work will require about t.to.iKHi. The Com
missioners on the section extending from the lOtfoth
to the 1080th mile post, that the untlnlshcd work will
require about lB,(Kio.
The Commissioners report on the section extend
ing from the losnh to the 108rth mile, that hetvy
expense has already been Incurred by the company
In grading this part of the line, and the grades anil
corves are all within the limit prescribed bv tho law.
To complete the unfinished work on this section
will require about f 126,000 In reducing the present
finales from 116 feet to 80 feet per mile, as originally
ntended, and In filling up the places now occupied
by temporary trestles. The location adopted is
such that the work done Is not lost in changing to
the lighter grade.
The commissioners say that, In all other respects,
the road Is well constructed, ready for immediate
service, in accordance with and as required by sec
tion 4 of the "act to aid In the construction of a rail
road and telegraph line from tho Missouri river to
the 1'acillc Ocean, and to secure to the (lovernment
the use of the same for postal, military, and other
purposes;" and, as It has reached that state of
completion provided for in the "report of
the board convened to determine on a
standard for the construction of the
Pacilic Railroad," mado to Secretary Harlan, Febru
ary 21, 1S66, approved by him, ami furnished to us as
a part of our instructions, nnd as the company Is
raplillv. and In good faith, linishing un the incom
pleted work, we recommend the acceptance of tho
sections by the (lovernment, and tho adoption of the
same course towards the unfinished work as else
where on the Paclllc Railroad. R.'spjctfully sub
mitted.
(J. K. Warren, Brevet Major-Oen, V. S. A.
James F. Wii.kon, Commissioners.
FINANCE AND COMMERCE.
Omul or thu KvKinwa Tfxeobaph.I
Wednesday , July 7, 1869. (
The usual weekly bank statement, which has been
delayed this week one day by the annual celebra
tion, is an unlavorablo one, showing little improve
ment from the recent outflow of gold and currency
en the market. The legal tenders have diminished
f.':i8,878, which, adtled to the loss sustained during
the previous week, makes an aggregate of 1343,600.
To offset this B iu part, there haa been a gain of
about $li0,0ou in specie. The loaus have increased
tf76,349, aud tlie doptisils $1s.'i,;igo. By these figures
it would appear mat the hanks are poorer in re
sources tliau the previous week by over $100,000. It
is difficult to account for this singular fact, lu view
of the enormous disbursements iti gold and cur
rency ail over tne country, out it is in remarkable
accord with the condition of the loan market
noticed by us Bince the 1st Instant.
Call loans continue at 6m 8 percent., according to
collaterals, aud discounts are fully uu to 8(vlu ner
cent- for first-class paper. Second grades range
widely troui iutn is per cent., according to credits.
The gold market is comparatively quiet here, but
In New York it is greatly excited. Opening sales
were made at 1361,, from which point It receded
to 1H4 Si at noon. The transactions in (ioverumout
louns are light, and prices are a little off from clos
ing sales of yeRterday.
There was more activity in the Stock market this
morning, but prices were unsettled and wea!i.
Nothing of importance was done In State loans. The
first series sold at 10S, and the war loan at 102
city sixes were steady at 95 for the old, ami f l f jr
the new certilicatcs.
Heading Railroad was lu active demand, but prices
were weak and unsettled, selling at 48 (ai, b. o.
Pennsylvania Railroad was steady at 06(rM'i;
l.ehlgu Valley Railroad sold at 66; Northern Central
Railroud at 50; and Oil Cieek aud Allegheny Kail
road at 43, dividend oil'.
Canal and Bank shares were unsettled.
Coal stocks were Inactive; 4-81 was bid for New
York aud Middle; 5 for Shamokin; and 'i 1-16 for SU
Nicholas.
Passenger Railway shares were without improve
ment, The Fame Fire Insurance Company announces a
semi-annual dividend of 8.V per cent. The increase
of capita, of this Company from 100,000 to $200,000,
and the removal of Ita office from No. 406 to No. 809
Chesnut street, have tended to a handsome Increase
of business during the past six months, the amount
insured being $2,210,448, against $1,274,792 for the
corresponding period of last year, showing an in
crease of nearly a million dollars. Its receipts from
premiums and Interest on Investments during this
time have been $30,049 'M, whilst Its losses aud ex
penses have been but $9118-47, showing a gain for the
six mouths of $20,930 08.
PHILAD2LPniA STOCK EXCHANGE SALES.
Reported by De Haven & Bro., No. 40 S. Third street
FIRST BOARD.
tfiOO Pa6s. 1 S6....103
100 Bh Read R.bS.tl. 48 91
SCO do...is.b30. 49
$IHM) I'a 6s W L Cp.l02.V
$1600 City 68, New.lB
2 ilavs.,100
$1000 (10 Old. 95
$roo N Penna 6s. 2d 37'
$9000 Leu Y new bs.
lota.. 94
400 do., hi. 48'
800 do.. .Is. blS. 48'i
100 do....rg&i. 48'i
100 do....b6A1.48-8l
900 aa U. 48 1
100 do D20. 48',
100 do 2d. 48V
600 do... 2d A I. Is. 48 x
600 do.. 030 WO. 49
100 do 2d. 48V
200 . do. .85. 2d. 48-;
200 do 2d. 48V.
100 d0...b6JiL.-48V
100 do C.4S-69
100 do ..b641n. 48V
60 do C. 48Jtf
100 do blO. 4HV
$1000 Lett R 1 87tf
$fiO0 Leh gold 1.... 94X
$2000 do Is. 94
ijltKJO Union CI Bds. 1V
11 Bit Penna R.... 60 '
19 do IB. 66'.
SO do 66;,
SshLehValR.... 16
10 Bh N Cent.... Is. M
4fishOC A AR.IS. 42X
100 do b6. 42
100 Bh Reading. . .c. 46
20U
do U20. 48
Messrs. D Hatin a BROnntR, No. 40 8. Third
street, Philadelphia, report the following quotations:
U. 8. 6S Of 1881, 116VH7 ; da 1862, 121 4,(4121 J
da 1864, 117XH7; da I860, 118S,'118,-; da 1865,
new, inks) u H : da 1367, new, Ii6il6i,; da
1868, 116C116V! da BS. 10-408, 107 .C107','; U.S.
B0 Year 6 per cent. Cy., I05vif; lue Cornp. Jnt,
Notes, 19. Gold, 13414V ; Silver, 129180X.
Jay Cookk Co. quote Oovorment securities as
follows:-!'. S. 6s of ism l1BV.fll7,-; 5-208
Of 1862, 119 Vai V i do., 1864, "J. i d. NOT.,
1866, 118V(ill84 ; da, JBly, 1866, 116V116s:dcj..,
1867. 116'(4116, ; aa, .11-i,"l v-i iw i
W108. FaclJlca, lOo.iSioe .
Gold, 185.
Philadelphia Trade Report.
WBi'NK"i,r'iJuy T, "l u0 volumo of business eO'trcU
ed in Flour Is llght,but prices remain without quotable
change. About 800 bushels were taken In lots by
the home consumers at $58-87 for superfine;
$A-44(a5-76 for extras; $6e7 for Iowa, Wisconsin, and
Minnesota extra jaiuiiy; 0 56-00 lor I eiin&jlvaiiia
Narr A Ladnbr, Bankers, report tola morning
Gold quotatloiiaaa follows
iiwui 2 M 1S5'4 11-27 A. M 1K4',
.. 184 V 110 " 1B'.'
"il1, 184 H 11-68 184,'
da ; $0-o0m 8 for Ohio do. da ; and $WA10-fi0 for fancy
brands, according to quality. Rye Flour may be
quoted at $6-2. Nothing doing In Corn Meal.
There Is not much activity in the Wheat market,
but prices are steady. Sales of 1000 bushels
prime new Delaware red at $l-62l,6o; 400 bushels
old Pennsylvania and Western do. at $1 -401150; and
600 bushels fancv Kentucky amber at $15. Rye Is
held at $1-83.U85 V bushel for Western. Corn Is
firm at the recent advance. Sales of yellow at 9."K$9ik5.,
and Western mixed at 3$ 95c. Oats are unchanged.
8000 bushels Western sold at 75vj77o. Nothing
doing In Barley or Malt.
Bark Is held at $47 V ton for No. 1 Quercitron.
Whisky is quiet, and ranges from 95c to $ I -05 V
gallon, tax paid.
The'fw York Money Mar-kef.
rVora the tteraUi.
"While the markets were generally dull to-day, a
groat deal of interest was manifested In the course
of the money market, tho opening signs of which
this morning wen; sertitinl.ed with more than usual
curiosity. It was felt that the time had come either
for a relaxation of the severe stringency which pre
vailed up to the evef the 4th, or for a general sale
of stocks to avoid the accumulation of Interest which
this stringency has entailed. The earliest rate for
money was about a sixteenth per cent., and the great
volume of business up to half-past two o'clock was
done at this rate aud at au eighth. Tlie demand be
came iiore active about 8 o"clock, when as high
as a quarter was paid for some small amounts, but
the prevailing figures were an eighth and Interest
and three-sixteenths. Tho fact seemed to sititfy
the street that the monev market, despite the heavy
(iovcniment purchase of bonds on Saturday, was
still susceptible of speculative manipulation. The
stock gamblers have grown desperate In their
schemes, and urn pursuing the market with relent
less energy, 'l lie cliques, 111 lOCKing up money, nave
resorted to a rather profound piece of strategy, and
demonstrate tlie tiuth of the adage that, 111 Wall
street as elsewhere, necessity is the mother of Inven
tion. The operators of Jacob Little's time would rub
their eyes In bewilderment could they witness the
devices which are now resorted to In order to move
the market. This latest strategy has arisen out of
the failure of the usual process of locklng-np money
through direct deposits and certified checks.
1 he tell-tale figures of the Clearing House and
the condemnation of the press have fright
ened tlie banks so that they cannot be easily
Induced to lend themselves to any lockmg
up operation. The cliques, .therefore, have
been compelled to cast about them for some
other means. Their latest plan la to borrow Govern
ment bonds and stocks, giving greenback collate
rals. Of course the consideration offered Is propor- '
tiouatc to the loss of Interest on the moncy,whic.h by
the terms of the agreement muBt be put away out of
circulation. To render the operation sure the num
bers of the greenbacks are taken. Hence the same
notes must be returned, It, being the law of such
transactions that the same collateral, and not an
equivalent, must be returned. Such money cannot
lie deposited In bank. It is destroyed for the tune
being, as Its circulating power is taken away. The
bonds and stocks so borrowed are sold again. The
money received is used to borrow more bonds and
stocks, and the process Is repeated over and over
again. A prompt operator can thus In ono day with
a hundred thousand dollars buy up ten times that
sum. Meantime, his sales of bonds and stocks kee;
their market weak, and help to the accomplishment
of his Unal purpose.
"There was, perhaps, a better inanlrv for commer
cial paper, but no sales were made at other than ex
treme rates. The best class of names mav he bonirht, .
at twelve per cent., and are being offered very freely '
at ten percent. There are many who will not sell '
at a greater discount than nine per cent., it la true, '
out tneir paper is negiecieti. Tne accumulation is
rather greater this summer than usual, for the reason
that previously at this season paper was taken In
preference to lending on call, the market rate of the
one being so much lighter than that of the other.
jnow tilings are entirely reversed, and call loans
absorb general attention and Investment
"foreign exchange was (lull and firm. The lead
ing bankers asked 1ir4'(n 109' for sixty day bills and
llo?,(nl10v for sight sterling. In second bauds
some bills' were sold at lu9?i, which was the quota
tion of bunkers'. The drawers are llrm in maintain
ing rates, tint, between the deferment of specie shii
mt-lits and I lie improvement in bonds abroad, havers
are disposed to await what they expect will prove a
downward movement.
"The market for (lovernment bonds was not only
favorably affected by the ' general buoyancy which
so illusively characterized the market iu the morn
ing, but was strengthened by the cable despatches
from London announcing au advance of Five-twen-litBtoSl.'.
Bidders offered tlgtires a large Improve,
menton Saturday's, but holders were so encouraged
by the foreign quotation that they asked prices which
gave the list a rather irregular look at the close of
the call. The activity in money, a slight reaction iu
London, the decline In gold, and a desire to realize
at the present stage of the market, occasioned a
yielding of a quarter in '62s, and of au eighth to a
quarter percent in the 67's at the afternoon boards.
Tlie continued deciue la gold after the boards led t-n
a still weaker reeling in sunsequeiit street transac
tions, and the market closed with the following
street quotations, which, It will be noticed, aro about
the same as tiioso on Saturday evening: United
States 6s, 1881, registered, 117(.117 V; do. do.,
coupon, 117'1,'"117Ja ; do., Five-twenties, regis
tered, ll",(a1li.V; dado., coupon, 1862, 121 0
0121 , ; do. do., coupon, 1864, 117.V4H7V; do.
do., coupon, 1865, llsjicHSV ; do. do., cou
pon, 1865, new, 116X116J,'; do. do., coupon, if 07,
11ti',(l1tP 1 do. do., ooupon, 1868, 116'4 $i U) 1;
Ui.itetl States ss, Ten-forties, registered, lO.Viiiiw;
do. do., coupon, 100(sU08,' ; currency bonds, lofl.oi
WiV.
"The uneasiness at tho success of the cliques In
keeping money tight was Instrumental 111 leading to
a sharp decline in gold. The market was ready to
topple ever since the stringency reached the aggra
vation of a quarter and three-eighths per cent, per
day for Carrying, and was therefore easily started
downward by the advance of live-twenties in Ixindoit
and the drawing of bills against exported bonds.
The extreme range was from 187.V to 135 ."
LATEST SHirriNG INTELLIGENCE.
For atlditimnal Marine Newe tee Inside Page.
(By Atlantic CabU.)
Brest. July 7. Arrived, steamship Lafayette, from
Ntw York.
PORT OF PHILADELPHIA JULY 7,
STATC OF TBKRMOaTsVraa AT TRa ETINIftO TELSOSAPB
orncK.
7 A. M 68 1 11 A. M 77 1 8 P. M W
OLKARRD THIS MORNING.
Brig Bloomer, Clmddock, Cork for orders, L. Westersraard
A Co.
Ki-br Dauntless, Coombs, Boston, J. K liatley c Co.
Ke.hr Judge Hopkinson, Fenton, New Haven, Sinnickaoo
A Co.
Sr.br Minnesota, Pbinney, Fsir Haven. do.
Kclir J. Trueman, Cilitis, New Bedford, do.
KchrN.O. Price, Smith, Catie May, do.
Sehr L. A. Bennett, MvUevitt, New Haven, do.
8ehr Agnes Hepplier, Todd, Norwich, do.
Sclir 11- W. Benedict, Case, Creenport, do.
Sehr Hasleton, Gardner, Taunton, do.
Sehr Kichard Law, York, Stnnington, do.
Sehr Lizzie, Hand, Haverhill, do.
Kelir L. D. Girard. Davis, Bridgeport, flo
Bclir Althea. Smith, Salisbury, Day, Huddell A Coi.
Sehr C. G. Crauiuer, Cranuior, Chelsoa, do.
Sehr W. (i. Bartlett, Bnrtlett, Beverly, lo.
Sehr Maria Fleming, William, Norwich, da
ARRIVED THIS MORNING.
Ship J. O. Buker, Spear, 49 day from Liverpool, Hh
mdse. to Peter Wright A Sons. Towed up by stoanitug
America. . ...
Hri American Cnion, Willoutrbby. 10 day from Tnrk's
Island, with salt to Wm. Buiuin A Son-vessel to Work-
"'Acbr Ralph Soudor, Crosby, 8 days from Hillaboro, with
plaster lo K. A. Sunder A Co.
Sehr A. J. Russell, Chapman, days fronj Portland, Ot.,
"HMlUlir'Howell, day. from Gardiner. Me ,
WK?h,'..ltt Uke. ith io.
ehribBlo...Id. 8 day. from Rotkbtnd
Lake, with ics to Knickerbocker Iue Co.
(weeptmlee of rhe rhllaiMphla JtSn-Aanoa.
lj!t iiK, Del., July .-HrtK Klmore, witii ice for Phila
delphia, Is at the Breakwater.
iiantue l.ady Hilda, from London for Philadelphia, was
boarded by pilot boat H. Cope, 4h miles eaat of Cape lien
lopen. Brig Josephine, from Trinidad for Philadelphia,
bas gone in : also, on full-riirged brig unknown.
Itsrmientine Ardross. for Hull : baruuoa i Jomar.. for !-,,.
don ; Jeannette, for Keter : F. Boiimeuf, for tuebeo ; aud
brig Stabia, for Gibraltar, have passod out since my last
report. Wind N, LABAN L, LYO-Ntt,
MEMORANDA,
Scbr T. 8. Wainwriirbt. Brower. and A TT T
Brewer, fur Philadelphia, aailed from New Bedford 3d inst.
bohr U. B. Waton, Aiiame, nance, at Nantucket 1st inst.
Dc urs vr. r. runups, runners u. ts. Monition. Avrea- A
8. Cannon, Cobb ; R. W. Dillon, Lndlam ; Kv. Bolleul'lar:
retl : aud J. B. Johnson, Smith, benoe, at Boston 3d inst.
helirsueo. l aies, uitisj j h. Ba,uettl Harri.; Sarah
Mills, ; C. L, Vandervoort. Ke Hey: sad John Walker
Davis, benoe, at Providenoe 4th int.
Sehr ldy Kllen, Doiighty; Caroline and Cornells,
Crowley ; North Pacific, Katun ; and J. Biirley, nAuadera.
Ir PbiUdslubis, tailad from ProvidtiOv WJ last, -