The evening telegraph. (Philadelphia [Pa.]) 1864-1918, May 27, 1871, FIFTH EDITION, Image 1

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H r- '
VOL. XV. NO. 125.
St. Clement's Church.
Decision of tka Court.
TTlie Vestry Wrong,
Dr. Batterson Sustained
An Id junction Granted.
Court of Common Pleat Juatfcg Ludlow and Peiree.
This morning his Honor Jcdge Ludlow delivered
the following able and Interesting opinion, decldlDg
the application for an Injunction to restrain the
vestry of St. Clement's Church from dismissing the
lector and his assistant:
We approach the consideration of this cae with tin ap
pressive bbdh of the resinnilility cast upon us.
in it questions of real difficulty, involving the consider
at ion not only of thu civil law lint of the canon law of a
body of influential and respected Christians, and a que.
tiou alsoaiines, up.m the proper legal solution of wmca
depends the dearest rights of every presbyter of "The
Protestant Kpiaoopal Church" in this diocese, and pro-i-ably
in this county. We shall endeavor to solve these
quest ions. Yi o menu, if poasihte, to he riant in our con
clusions; if we should fall into error, it is a satistaclion
to know that it may be corrected elsewhere.
The case presented is mniply this: An incorporated
body exists in flint county known ae "Tho Kectnr, Church
Warders, and Vestrymen ol St. Clement's U lurch, in the
city of Philadelphia." By the 5th art. of the constitution,
"the eleotion of (the) vestry shall be made every year on
Faster Monday," An election took place this year ac
cording to the charter, at the time therein specified.
On the 18tti of April. 1871, a sugirection for a writ of ova
Warranto whs filed in the Supreme Court of the State.
That writ was allowed by one of the ji stices of that court ;
it is now pendiDg and is undetermined. The object of this
writ was to test tbeiogality of the election ot tne defend
ant sin this bill as the vestrymen of tit. Clement's Church.
On the 3d day of May, 1H71, a meeting of oertain person,
claiming to be the vestry ot the church, was held, whore
npon resolutions were adopted dismissing tne roctor aud
assistant, rector (with the conenrronoe ot the ecclesiasti
cal authority of the diocese) from their offices. In the
affidavit of mo of the defendants it arirjnars that on the
4th day of May, 1871, "the Kigbt Rev. William Bacon Ste
vens, Bishop of the Diocese of Pennsylvania, conourred
in the same." The letter or ordor of concurrence
has not been subniittod to the Court, and it is not pre
tended that the rector or his assistants ever had notice
from the Bishop of the matter submitted to hint, and never
had a bearing or trial, or opportunity for explanation. The
contract between the vestry and the rent or and his assist
ant contained no special terms as to the tenure of otfice.
It is admitted by the affidavits tiled on behalf of the de
fendants that of the plaint ills, all except throo to wit, tho
rector, his assistant, and Mr. Lewis O. Hull nro renters of
pews and sittings in said church. It is iler.ied that they,
or either of t hum, own or has over owned a pew, though
acme are anemhers of the church, entitled to vote. We are
asked to five relief in three forma:
Jr irst. To adjudge and decree that plaintiffs are mem
bers of the corporation, etc.
Second. To restrain the defendants from dissolving the
connection boiween the reciorand his assistmt and the
congregation, and from intermeddling or taking any ac
tion therein as a vestry or vestrymen.
Third. To restrain the defendants, their agents or ser
vants, from interfering in any way with the rector and his
assistant in the.eierr.ise of thnir respective offices until a
regular and canonical dissolution takes plane.
Tuis brief statement of the fnots of the case (about
which there seems to bo no dispute) presents for oar con
sideration throe important questions of law, in disposing
of which we think we shall be able to embrace all points
presented, and thus decide this cause:
First, lias acini tribunal, and especially a court of
equity, jurisdiction, and it so are these proper parties be
fore courts
becond. Can a vestry it ftirto act, supposing such ac
tion to be in other respects canonical?
'1 bird. Can a rector, without bis oonsent, be dismissed
under and by virtue of the charter and by-law. of this
corporation, or by virtue of the carjonloal laws of the Pro
testant Episcopal Church in the diocese of Pennsylvania,
or of the Protestant Kpiscopal Churoa of the United
Th first nrnnnsition can easily be maintained. It has
been frequently decided that the civil tribunals will in
terfere in matters connected with disputes or
contests arising out of things ecclesiastical,
only, however, in so far as it is
neuecsary to ascertain if the governing body has eooe Icl
its power, or,' in other words, has acted within the scopo
of its authority. Tho learned oounsol upon both sides of
this cause, during the argument, admitted this proposi
tion, and in Pennsylvania our recent cases, MoGinnis vs.
Watson, 6, No. 9, and Sut ter vs. Trustees, 6, No. rV3, wore
decided upon principles which preclude any further dis
cussion of the subject. If a civil tribnnal can thus take
jurisdiction, a court of equity, under the facts of this
case, and with the parties now before the Court, ought
certainlv to do so. While it is quite clear that we look
only at the civil nature of the contract entered into be
tween the rector and the congregation, in a case involving
a direct breach of contract, it is also certain that the
very contract between the parties may give birth to right s,
which, being violated, can only be maintained inaoourt
of equity. The general principle couteuded for by the
counsel for defendant, to wit, that where in an agreement
for service no time is fixed, either party miiy dissolve
the contract, see Coffin vs. Landis, to, No. 4JJ;
Kiik vs. Ha linm, 13 P. V. 8.. p. 97, is not denied, nor do
we rioubt the right of a rector at law to bring an aotion
for damages against thoso who prevent him from enter
ng the church building: that doctrine was clearly main
tained by the Hupreme Court of New Jersey in a learned
opinion delivered in Lynd vs. Merizies, by T. Beasley, O.
' J., and to be found reported in "American Law Regis
ter" I new series), vol. viii, p. 94. All we now deaide is,
that with tke facts before us a suit at law would be use
less, and that the plaintiffs would be remediless. Under
and by virtue of the canon laws of the Protestant Kpisco
pal Church in the United States, a rector, and suoh of
bis parishioner a are members of the Church, and h ive
rented pew and sittings, who have made profession of its
faith, and submit to its government, have rights which
are to be respected ; sou Coniuiyer vs, United Cerm. Ch
ii t-anri-,., cl. IKO, and which being violated ounnnt be
irniniaincd by an action for damages merely. The rector
kas not only u claim for the salary which by a contract is
to be paid to him: he has under the obarter of incorpora
tion I hose rifhts guaranteed by canonical law, which the
petitioners desired to obtain when they "associated for the
purp''o of wnrghippini! &imight$(iod acoording to the faith
and discipline of "The Protestant Episoopal Church of
the United Mates of America" The charier being
granted, the rector and his parishioners, together with the
vestry, held under and by virtue of that fundamental law,
which in terms "adopt the constitution, canons, doatrine,
discipline, and worship of the Protestant Episoopal
Church" in this diocese, and in the Unitod States, and ac
L nowltiHffA, their authnritv.
M nt ual riirhi sand obligations were thereupon created.
as sacred as any kn -wn to oeurts of equity, if these rights
cannot be maintained ia this oourl remedileaa injury may
l- intliftri nnnn 1 Im nliiintltta in this bill.
I care not now to discuss the exact leal bearing of the
otfice ot institution. It is enough for my present purpose
to know. that when, as by toe rubrio directed, the Senior
Warden, or the member of the vestry, delivered the keys
of ths cturch to tue new Incumbent, ne sat a, in tne
same and en behalf of Parish, I do re wive and ar
Innwlwfe rou the Rev. A. B.. as Driest and rector (or
an.) antl .if tnAitnme"
I.y Art.cieH of the Constitution of tae Church, among
Otber tullgS tuu AUniinisirailun Ul iub oi rmoMH nun
nthr Tirf.'M and ( 'ernmi.iiiea of the Church." eataOlislied
by the t.-neral Conventions, shall be used in the Pro
testant Kpiscopal churches. By virtue of the civil con
tract sec the canon of the Cnurch, a person becomes
oanoninatly the rector. It is true he may or may not re
cbivb a la arv :he mav or may rot be an integral part ol the
corporation, by the canonical law, he has the right as rector
ol a cenam uariau tu periuriu ruuiHai.fbiuai uutiv.
them, in .hut ulane. to wit. the church building, he h.u
the right to administer th. sacraments, there to solemnise
tne niarriue service, there to perform ths duties iuciieut
to the pnbio worship of Almighty ia.
Alfim thin this, anion other rmlita. a canonically set
tied rector has the right to prohibit another minister of
the cburcl lrora orociating in nia parisa, or witnin ii's
nftt-nchiiil eixm without his nunsent Tit. 1. Canon 12. sec.
6 111 of llinist of the Canons. I quite concur with Chief
Justice Betsley in the remark nvuia by him in the cute
haratulore died, when he said. "No matter in whom the
title may r Aide, if the ongrcaticn has the use of tho
building, tie rector must ot necessity nave the rigut to
partake m aioh use," and 1 mav add, not only that he may
have potsobson of (he building, but that he may of right
perforin his tuties there, in that place, and not elsewhere,
unless at bis wn option. If these are the rights of the
rector, any Pirishioner who is a renter of a pew and con
stant attencait at the church, who in good iaitu believes
the coctriuesif the church, and submit to its govern
ment, ban tbeiquitublu right to the services of the reel jr
ot this church within this particular parish or paroch al
cure, until sua services axe dispensed with by competent
ToaVgue tbabecanse a civil contract exists for the Pay
ment ol imney there ore, in esse of a dispute, the rector
is lamed over aclnsively to a court of law tor damages is
to ruu counter t. the whole policy of the law, to per nit,
under color of awntract, a breach, or possible branch, of
nahta of the mot solemn character, to oonfonnd things
sacred an 1 prof ae : this oonrt would he obliged to witness
the utter destrution of the dearest rights, under tne
charter and cano a of the Church, of rector and parish
ioners without to afford .quitabl" relief.
I will not so -dmniatHr the law. I will as a chancellor
take jurisdiction equity :and having the parties and the
cause within uiy JKicial araap, will trjat the arguineut in
favor of a me'e uetia atliw, and against the jurisdiction
as of the earth, thy it must there'nre perisn.
Having rt posed our first proposition we prooead to
Consider the second
Can a vettry U fiuo act, supposing suoh action to be in
other respects canoacal?
We speak ol a voi d facto, because it isnot denied
that ly a writ of yi vurmuto tne defends.' title to
' their office has b.en id is contested, and that tue suit
is now peadiug sad ia ndetenumed An otficer d tacio
is one who ha the rekiiutioa of being the othcer he as
sumes to he, and is j-lioi a go-J oihcer in po'ut of law."
Parker vs. Kilb, 1 I.d. (avuioad, 6.; King V. Corp. of
B'jdtord, 6 Kust,3tjH O- be is out who actually pertorms
the duties of an ofhce.with apbueut right aed under
claim and coloi of an apkiiulmeut or eleuuub ; be ia not dejvr. because not la stl respoots-enahflod,
nor no umrprr who presumes to act officially wit lion t just
pKitrnse of right Brown vs. Lant, 87 Maine, sX. We
meed not multiply authorities ; as wae said in my opinion
.In'rhi mpson vs. Swing, 1 Brew., 1 J21, when the whole
object was moat ably disonased,d determined in Pen
pte vs. ttook, 14 Barb , before the Hupreme Court of New
York, and on appeal affirmed by tbo Uourt of Errors and
Appeals. See held. 67. .....
V do not now .xt ress an orVnion a. to th. legality of
'lbs election held on Kstr Oaf. These defandanta may
be the-vestry rt Jure, bnt for te rresent and for the pur.
rposas of this case, I am of the pininn that th. vestry is
vestry not tlrjur bnt d farm, and by all the analogies
an officer rf Vwrotnay withoot donbt lgalty act in and
abont the duties of bis oftioe. Indeed, in one case re
ported, where an abbot or parson erroneously inducted
made a dead or obligation, thongh afterward deprived of
bis benefice, yet this shall bind ; bnt the deed or one who
nsnrDS, before installation or induction, or who oocopies
in t ime of vacation witooat election or presentation, is
void. Vin A br.. Officer and Offices, H. 3. vol. I.
In Baird vs. Bank of Washington, 11 Ssfc It. 414. the
CJ art thought! that the rfs farin title of an nfBoer de
pended, not npon th. question whether the aopoiatment
wa void or only voidable), bnt whether fe ollicsr has
com. nnder colot of right or in open contempt of all right
whatever; and it was fnrthw said in that cause that the
law applied not only to public but also to private nttiesrs.
Indeed, an .lamination of -the oases -upon this
point clearly satisfies me that as to third
persons . bavins; an interest therein, the acta
of l' facto officers are valid, though the case cannnt by
found, where tho right has been successfully r.laimad be
an, officer d'aWo. clairuiag for an art dona Oy himself.
Hi nolle vs. Co. of Bedlord, 7 8. All.. 8HA
The oase citd by tho defendants coonset, Trustees
Vernon So. vs. Hill, 6Cowon, 23, sustains the view they
take of it, and, on the whole, I am inclined to the opinion
(though for reasons hereafter to be stated it is not neces
sary to decide positively tho point) that the vestry, if
otherwise competent, had authority to act.
We are thus brought to the consideration of the last
point to be discussed, and which is not only the most im
portant, but the most difficult one to decide 'in this easu.
Can a rector be dismissed without his consent by virtue
of the charter and by-laws of St. Cl.ment's Church, or by
virtue of any canonical law or laws whatever, of binding
force in the Protestant Kpiscopal Church in the United
States, or in the Uisocese of Pennrvivania at this tyroe?
W. confine our investigation rightiy to the souroes of
Cower above enumerated, becaure we nave no right to go
eyond them. If the resolutions of dismissal are to be
considered legal, they must so be because sanctioned by
the civil or canonical lawa specified. All else it ultra
ttre. and beyond the scope ot legitimate autboritf .
Looking now to the charter and by-iatvs of the church, I
(find a power vested in the vnctry te elect a reotor. See
charter art. 5; by-laws, art III. But upon the question of
bis dismissal the charter and by-laws are silent.
By the common law, as long ago as ktaggs, case , decided
in i:ith Jas. 1. and reported ia the llt.t Co., W A., it was
dateimined that the power of amotion did not pass by a
erant ot the power to elect as incidental to it, but must
be expressly reposed in the .elect body by the ohirter.
It was assumed by Lord Mansfield, that it may be t-ans-f
erred to a select body by a bylaw, in the same manner as
the right of election. Willcock on Corp., .247, note to
isec. rsi4.
Kvon if the vestry undor R. vs. Doncxstor, 1 Rarnr.rd,
S65, bnd the right to make a by law npon the subjcot, none
new exists, and Willcox very justly observe, that in a cor
poration, by charter, surely such a power must be shown
to have been eipros. ly granted by charter or a subsequent
by-law. If there is no special provision on the subject in
the charter, the power of removal of a member resides in
the whole body. 2 Kent. 369. King vs. Mayor A Bug, of
Lyne I, Drug. 14H, ahd this lust case also decidts, that if
special power be delegated to a part o( the mutt
lie shown to exist. We think that b.yond a doubt the re
solutions adopted by the vestry are t null and void,
as being beyond the powers delegated by the charter and
Here we might pause, and for th. purposes of this case
found cur jiuul order upon the view we take of ths power
of tho vestry without deoiding how far a covgrsgation,
wit h the consent of th. bishop may dissolve a connection,
but as it is stated that the resolutions have reconvert the
concurrence of the ecclo4astiol authority of the diooese,
1 will Bimply go one step further, because the question
has been argued, and inquire whether en that aocoaot
they are valid? If so, it must be because of some canon
of the Protestant kpiscopal Church in the United Statss,
or of this diocese, or of the power which will give validity
to this action ol the vestry, must be contained in the Con
stitution of the Church itself. 1 have examined the
canons of the Church of England for lignfc upon this sub
ject, not because 1 believe they are of binding effect hero,
but because, us Chief Justice Beaseiy remarked, "the
Knglish ecclesiastical law. although somewhat modiliod by
new circumstances, and by Ainotican usages and statues,
c nstitutes the substantial basis of the law controlling th.
a flaiis of this particular church."
These canons, by reason of the peonliar nature of the
laws of England upon the subject, give ns no aseistanoe,
except it mat be said that no case has been discovered
wheiein any priest has been condemned without a bear
ing The constitution of the Church in the United States,
alter much discussion, extending over a long period of
time, from October, 1781, to August, 183'.), was at this last
date finally consummated and became the chatter
of the Church, tha universal iule uf ajtion, and 'he bond
of a common faith. Hawks' Hcol Com. 12. No express
power such as is ulaimed in this case is granted in terms
in the consti'utlon. If it exists at all it must be found in
the canons of the Church at large or of this diocese.
The canons of the Diocese of Pennsylvania have been
examint d, and are now before me, but these are silent
npon the subject; so that the only canon now in eiisence
wilt do touna unaer i it. at. uanon a. t. eni ltieu ut a
dissolution of a pastoral (connection." 'I he first section
dentures: "In cose a minister who has been regularly in
stituted or sett'ed in a purtsn or cnurcn be dismissed by
neb parish or church without the concurrence of the
ecclesiastical authority of the diocese, the veitry
shall have no right of representation in the convention
of the diocese until they have made suoh satisfaction as
the convention may require; bnt tne minister shall retain
bis right to a seat in the convention, subjcot to the ap
proval of the ecclesiastical authority of the diocese.
"And no minister shad leave his congregation against
their will without the concurrence ot the ecclesiastical
authority aforesaid : and if be shall leave his congregation
against meir win, witnout sucn concurrence, ne snail not
be allowed to take bis scat in any convention of this
Church, or be eligible it to any church or parish nntil h.
shall have mad. such satisiaction as the eoolesinsiical
authority of the diocese shall require."
The second section of this oanon provides that a record
hail ha made of a regular and canonical dissolution, and
that a dissolution not-regular or canonical shall be sub
mitted to the convention of the diocese.
This canon shall not be obligatory in those dioceses with
whoHA canons, lawa. or charters -t may interfere.
"It will be observed," says Dr. Hawkes, in hit work here
tofore cited, page Ut)7, that "this canon applies to nothing
but the single case of a desire for separation, which may
exist without any otuer disagreement uetwean tne par
It may be further declared that no provision is made for
the case ot a minister woo rsiuses to consent to a dissolu
tion ; it a purish or ohurcb act without ecclesiastical sanc
tion, or it the minister shall leave without the same, a
penalty louows ana may oe inmcieu ; out wnat is to do
done with a church law which, in a case like tha present,
preborihes no duty to bo performed, creates no oliense, and
athxes no penalty. . . . ..
I find under Tit. ii, canon 2, section I, of Discipline, a
series of puni hable offenses ; for these a presbyter may be
tr ad, and, on being found guilty, "may be adiuonisued,
suspended, or degraded."
Is the refusal to consent to a dissolution an offense
within the nitaning of Canon 2, Section li it so, the min
ister must be canonically tried. Any other doctrine would
expose any presbyter to a virtual suspension or dograata
t ii. u. when and sb the officials of the church, ecclesiastic
,-bI and lav. miuht determine to strike tha blow, and yet
lucked either tee oourage or the evidence, or both, to make
and sustain a direct cnarge or accusation.
These remarks are not intended to apply to those defen
danta, ner to the present most able, eloquent, aud worthy
incumbent of the Episcopal chair; they are iutendod,
however, to test the tru. meaning of this canou aud its! trTert.
If we try the proceedings of the vestry by another
Standard, we win nnu vueir actum aiuigeuiur uaieuauie.
Under and by virtue ot a cannon in force in this diooese,
a presbyter may be tried for certain otlenaes. This canon
doubtless adopted under the autuority ot the cauon al
ruud referred to. See Title I. canon i of Discipline.
Cun it be possible that any miuistcr may he summarily
.in.., n1 frimi his narish without a trial V
Shall the civil law guarantee to the humblest citizen a
bearing, aud may an ordained and duly instituted minis
ter of the Protestant Kpiscopal CburcU be denied a right
as common as this en. If . . .. ... .
Tha stndm committee of the dioceseof ew York
did not so think when in June, lSm, they acted npon a
case of this description, alter a copy of the written appli
cation then made, with tho facts and reasons upou wuich
a oroiiniied had been served uuon the minuter.
The convention of the oiuceso ot JMew Jersey, as far
back as Juue ti, lbt:4, did not think so, when they Bus
...niiiii Kri ir.n. mil ii a uaioD (now reneal.d) was uassed
to meet Hr. Ugden's case! see Uolhuau's Law uf the
I' h n. ft 'l 1 hat venerable prelate, whose uaiua ana
opinions tu this day, even in a civil csurt, carry with them
iiiht I mean HishoD Wliite -did not so boliev..
w hen in speaking of the cauon enact id to meet ih. above
case, he questioned it. priuciple on the ground that there
should be no severance from a pastoral charge except us
the result ol a trial for alleged misounduct; Memoirs of
the Church, p. li'l, and supposed to have been written in
in the "Office of Institution of Ministers" I find in ths
form ot tho "letter ot institution," which a bishop may by
the rubrics send by on. of bis presbyters, who 41 he may
appoint aa the insitution, the iclioiiig sigmnuaat sun-
"AndiniasA if anv difference bet ween you and
your coi'grt'gutioo as to a separation and dissolution of all
sacerdotal connection between (on and tue u, we, your
bishop, with the advice of our presbyters, are to be tha
tit una te arbiter and judge." llow, unless by a hearing
aud trial r At law aud iu equity, irom Baggs' case ta the
L resent hour, no man or uiuu cau b. condemned against
is or U eir lOnseL t without a hearing.
Hut w. must co one step lurther and endeavor to prove
that without a special agrne uent, or in toe absence of a
provision iu a church chartor, or the by-laws aaoptod in
10nHim.n1 a thereof, ths tenure by wlifcb a presbyter 10 ttie
l rotebtttut kpiacoi-ttl church holds his rectorship is Uf
no means uncertain.
Special provisions In a charter, or special agreements
between the rector and hit congiegatiou, become the law
of 'he case. In Kugland the t id can not be broken except
by judicial sen' enca, or resignation ti and acceptance by
llie oiuiuary. Lurus KccL law, vul. lil, p. 40.
lathe t inted hta'ea. 01 .ntlictinv opioions exist among
those best able to form a judgment npon th. subject.
1 am, however, of the opiuiou tout under tha existing
laws ot the Church the civil contract (except as hereinbe
fore tp. cih.4i) cannot be broaun without an auousat.oa
and trial.
This nnininn is baaed in part npon th. past legislation
of tue Church, upon the expressed views of more tuan one
o' itsoldost diviuea, upon the epinionsot men learned in
tim law who havo examined the subject, uuon the
attempts whieh have from time to time baun ma la to
rrmtdy tbedifbculty, and upon these general principles.
which mubt, in the abaanceef express authority, govern
the tase. In latlaeaneu waa adup td entitled Ditfe-
tiiui between ministers ana their congi.i.'ations." a
osnini nn th. aulnec t was passed, being 3il of ltxm. witn au
additional clauB. This clause wa. ouii tad in iKii. Cnon
zxxiv, of General Convention of IsSi. I his canon provide
a method of tr:al and a penalty. Iu 1st 7, the Oouiauitiee
on tianous proposed a new canon, not 1 believe adopted.
In which a lain of arbitration was created. Th. original
es non waa, in lfi3, repealed by th. Gastarat Conversion in
session at Kiohmood, V a. , on motion or Kev. Dr. stevea-i
then a preebf ter and stow th. Bishop of this diocese. A"
journal af convention of lHftH, p. lift-117. An nnsuocetsfol
nnrx was mane iui. uunvem.ion vo imnii uv viu
canon. Ho. journal of convention, p. fS, for report of
Commit te on Canons.'by Mr. HofTmast.
Tbsnhimtin IHeS was brought before tha Ooavent on
of Ohio by the Bishop, and that prelate, in an addre-. .
"notices as a nonaa principle that, srnere tn. ngota ana
intern of both ministers and congregation are con
cerned, the body to judge shoald b. composed of clergy
BBishnr'vTbile'. opinion haa already been referred t,
while the effort of Mr. Hoffman in th. Oensral Conven
tion, and the expressed opinion oi th. late O. M. Whar
ton, Kso.,a canonical lawyer of acknowledged ability).
- . L - 1 V. . i kJ i 1. . ... Il.lf.
llLKItl VBQ ; " iu mivu,Ku, vow ..uii
Foci, law, p. 270, as well as th. reported views, in t he la t
cited voiome, of an -eminent presbyter of thin diooes.
R.v. M. A. De Wolfe How. (whose letter, 1 regrwt to sat, I
have tssea onabs. to find), all look in the same direction.
The legislation now repealed embodied the views of th.
Church upon the subject; the efforts made to amend an 1
to reptal tne existing law botn indicated a desire etrner
to perfect the method of trial, or to abolish it, and thua
make a mini star amenable only to canonical discipline;
the expressed opinions of prelates, presbyters. and con
ventions, together with the views of prominent Isymsn,
all mwui to take it for granted that in some met od a
trial tbould take plane and, in default thereof, the minis
terial bond Simula not b. severed, upon general prinoi
ules. the view, alrrndv exnrossn.1 in this otiinion upon
other points, cover the proposition now contentied fo,
while the canon whioh declares that "a minister is set
tled, for all purposes her. or elsewhere mentionod in
these canons, who has been engaged permanently by any
parish, aocording to. the rulesof said diooese, ot for any
term not less than one year." Tit. 1, Canon 3 (2 , of Di
gest of Canons, p. 4a, would seem to indicate the sense of
the Church to lie, 1 irst. That a settloment should nut
exist for a shorter 'term than one year; and, Secondly.
That untose some special agreement, or the terms of a
charter or by law prohibits, it moy be indefinite.
Having thus considered the tacts and law of the oaso,
it become, my duty to aot according to the dictates ot
my juagment and conscience.
It is very evident that the intersets nf this corporation
are endsngered by internal difficulties of whioh 1 cannot
speak, because I have no judicial knowledge of their
cat nr. ; lie the causes what the may, it is certain that a
bouse divided against itself cannot stand. I therefor,
officially recommend some amicable adjustment of exist
ing difficulties. Should an intimation to that effect be
made, 1 will at once modify or suspend the operation of
order about, to be recorded.
1 be usefulness of the rector and his assistant will be
greatly promoted, and the peac of vestry and parishion
ers re-established should the course suggested be adopted,
and this is no' an expression of individual opinion (which
csn have no place here), but of a Judge clothed with the
powers of a chancellor, about to exercise a most delicate
prerogative, not, indeed, thereby to encourage insubordi
nation, or wilful disregard of ecclesiastical authority,
canonically invoked, but only to prevent roinediless
The first prayer for relief cannot le granted at this
stage of this cauee, nor will I granted the second prayer
in the bill contained, because ths injunction would be
The plaintiffs are, however entitled to relief as prayed
for in the third prayer of tho bill, and it is therefore or
doted, adjudged, aud decreed that the preliminary injunc
tion heretofore granted be continued until the futther
order of this Court, and that the defendants, their agents
and servants be restrained from interfering in any way
with t ha exeroise by the Kev. H. O. Uattetaon of his office
of rector, and with the exeroise of the Kev. W. H. N.
Stewart of his office of assistant minister ia St. Clement's
Church in Philadelphia nntil a regular and canonical dis
solution of the connection no existing between them and
the congregation of eaid Chnrch shall take place in ac
cordance with the constitution and canons of the Protes-
tnnt Episcopal Church in Pennsylvania and id the united
The Detailed meteorological Report fdr
The following Is the meteorological report of the
Signal Bureau of the War Denmraeut for this
mornine, all the observations being taken at 7-43
A. M., Phiiariuipnia tune. Tne barometrical reports
are corrected lor temperature ami elevation, rue
velocity of the wind is given in miles per hour,
and the force Is an approximate reduction to the
Beaufort scale :
i 4- Si
Place of Obser- g . P 'g
vaiicn. p 1 1 v 8
Baltimore 801T 79 N. B Gentle. Cloud
Boston 80 07 67 N. 9 Gentle. Fair
Cape May 30-18 73 N. V. 7 Gentle. Fair
Charleston, S. C. 30-20 76 S. a 8 V. gout. Clear
Chicago 30-15 62 E, 8 V. gent. Cloud
Cincinnati 30-18 73 t'alm. Hazy
Detroit 30-11 Ml N, , ! V. gent.air
Indianapolis 30-09 64 S. .. Geuile. Fair
Key VV eat, Fla.. 80 07 M S. K 8 Gentle. Fair
Mobile 30-10 7ft R. 8 Gentle. Cloud
lt. Washington. 29-92 26 W. 59 Oale. Cg up
New Orleans .... 30 04 70 R. E. O-entle. Cloud
New York 30 04 72 N. W. 6 Gentle, vilear
Norfolk 30-14 76 W. 4 Gentle, fair
Philadelphia 30-13 77 N.W. ..I.... Clear
I'lttsbnrg 30-21 70 W. l. .. Cloud
(St. Louis 30 09 72 H. 4 Gentle. Fair
Washington 30-14 75 N.W. 6 Gentle. Cloud
Wilmington, N.C 30-32 77 S. W. 6 Gentle. Clear
A Maniac Boy Bents a Policeman to Death.
A young man by the name of John Stiver, who Is
deaf and dumb, ana resides wltQ his persons, aged
persons, who live near ueuysourg, Montgomery
county, Ohio, or late has been "ugly" to the old
people, and on two or three occasions drove them
ont of doors, with threats to do worse with them.
On Thursday night last John's conduct was so vlo
lent thAt his parents were airaia ne wonia muraer
them, ana tney determined 10 nave mm sent to tne
asylum. On Friday evening Colonel Siiarrltts, with
a deputy, airrecauiy to an understanding wim tae
elrter (Stiver, called at the house, osten
sibly to look: at some cattle, and induced
John to accompany them to the barn-yard.
While his attention was diverted the constable
and his assistant attempted to secure blm with a
rope, but, wresting the rope from them he seenred
a club and started In pursuit of the officers, who fled
from the spot. Feeling that they were la a despe
rate strait, the onicers nrea on tionn. one or them
striking him on the left shoulder, bat falling to
bring him down. He gained rapidly on tliem and
brought them both down with furious blows of his
club. The assistant escaped with trifling Injury, but
Constable Siiarrltts had bis skull fractured, and was
otherwise terribly beaten by the furious man. His
mother finally induced him to desist, and Stiarritw
was taken home in the buggy ami medical alii sum
moned, but It was believed that he could not sur
vive his Injuries long. On Friday night fifteen per
sons visited the house of Mr. Stiver, and, by mak
lng a rush on the crazy man (who had a gun, and
was prepared to shoot any one who approached him
from the front) they succeeded, after a desperate
struggle, In captaring him and securing Mm with
ropes, featurdav he was taken to Dayton and placed
In jail temporarily. Saturday evening It was stated
that Constable Sbarrltts had died of his injuries.
A Too-Graclous Audience Novel "Dtisl-
ue" and Innovations:.
The creat Count Jouea played the Crooked-
Backed Tyrant recently In Boston, nuder the diffi
culty of too much applause. Very lew ladies graced
the theatre, but there were men enough, and their
admiration tooK a vociu-rous, not to say uiataut,
turn so that the Count's best speeches were utterly
spoiled. The poor man was also called out at the
close of every act, until at last, becoming exasper
ated with this and the Ill-timed plaudits, Kletiard the
Third came to the footlights aud declared that his
tnatment was ''a disgrace to the city in which ne
was born and educated." Wun the horse was
brought In, in the fourth act, Kichard Johannes
reluhtd to mount the annual, notwith
standing there were cries of, "Qet up,
George!" The ill-siarred star then made
another Indignant speech. lie had played the
part forty-six times, he said, aud he haj never been
so misused before. This being an age of dramatic
innovation, the illustrious nobleman Introduced
some new business Into ttte venerable play. In the
scene with Lady Anne he threw down his sword,
scabbard, hat, aud handkerchief, and stooped to
pics them up, one by one. in the combat act be
came on with his bare head smeared with rouge,
aud with a bloody hand. These fearful pigment
might have awed a less boisterous audieuo, but
these unmanly Bostomans were not one wlilt im
pressed by the sat gumary spectacle; and even the
extreme struggles ol the defeated despot were Inter
rupted by cries or " uoua enougn it is a ma'ier
of aBtoDibhnieut that Count Jours did not mount
the waiting steed, and, leaping above the tiddlers,
ride rougti-ahod over the pit.
Twenty-6ix thousand children are now learn
ing muMc in the lio6ton public schools. Fifteen
thousand ol them are so far advanced as to be
competent to take part in a musical festival.
"What Is your consolation in life and death'
asked a Sunday-school superintendent of a young.
lady in the Bible class, who blushed and. eaid,
"I'd rather be excused from speaking hi name."
Of the editors of the Cornell Era, iuBt
elected br their fellow students, one is a waiter
at CascadilU place, and one, formerly a member
of the Maine Legislature, is now working hU
way through college.
The Trent; h Horror.
Paiis Burning Down.
mj n' ti o,
Diced Hunnifig in tne Gutters.
U 1
Dead Bodies Everywhere
London Fire Brigade Sent For.
Rebels Hemmed in at Belleville.
Etc., Etc., Ets., Etc., Etc., Etc
Eocckuively to The Evening telegraph.
More Flf ea In Paris.
Versailles, May 26 Evening. New fires are
bursting out in Paris. The insurgents put boxes
of petroleum everywhere. It is reported that
the Tnileries was fired fey Bergeret's own hands,
The building, they say, was steeped in petroleum,
The Church of St. Germain l'Auxernols and the
Hotel do Vllle were burned down, and the
Falais de Justice has been destroyed. A num
ber of prisoners, among them a hundred women
of the demi-monde, taken fighting for the Com
mune have arrived here.
Blood Hum In the Gutters.
The walls of the Tuileries have fallen. The
Rue Kivoll is burning, and the only means of
stopping fiie fire is by paiis of water passed
from hand to hand. The dead bodies of the
Nationals are seen everywhere, and any hidden
National when found is brought out and shot
A Few Communists are Still Holding Out
and shelling the city, doing the utmost mischief
possible. The slaughter of Nationals was fright
ful. The Vereallllsts since Tuesday are
Killing All their Prisoners.
The houses in the Rue Ro-ale were wet with
petroleum, and the Nationals fired them, and
the people are furious in consequence. It is
clear that the
Insurgents Intend to Destroy the Whole
Even women were discovered throwing petro
leum upon houses, and six members of the Nfr
tional Guards, who were dressed as pompiers,
and who threw petroleum on the fires instead
of water, were shot in the Place Royale. There
is no limit to the readiness that exists to
Kill the Members of the Commune.
and leaders of the Guards taken were shot right
Gas Explosions.
The gas works at Auberville have exploded,
and many other explosions have occurred. The
firing continnes.
The Great Conflagrations.
London, May 27. A despatch from St. Denis
of Friday night says there are still terrible con
flagrations in Paris, the flames of which arise to
a great height and illuminate the country for
miles around. All human aid seems valueless,
and the only chance of saving much more valua
ble property from destruction rests in the hope
that the night will remain calm.
The London Fire Brigade
is expected, but has not yet arrived in Paris.
The Prussians
have fired upon and driven back to Paris the
insurgents flying toward Aubervilllers.
A despatch from Versailles on Friday night
Gen. Vlnoy Captured the Place de Belle
defended by ten thousand Federalists. The
fighting was severe and the casualties very
heavy. The Versalllists carried the-Point de la
Gail, which crosses the Seine at Bercy. A por
tion of Lei Buttes-Chaumont has also been car
ried by the Versallllst troops, who are now ad
vancing into Belleville, from whence
Petroleum Bombs
are still thrown all over Paris.
General Leflo has informed the Assembly that
the insurgents still hold Charonne, a district of
Les Buttes-Chaumont, La Chapelle, La Vlllette,
Menilmontant, and Belleville. The General
also informed the Assembly that the insurrec
tion would end on Saturday.
It is known that
Some of the Hostages
held by the insurgents have been shot. The
troops continue to arrest numbers of women
earning bottles of petroleum. The insurgents
will probably be surrounded to-night in Belle'
vllle and Menllnl-Moutaut. and the remainder of
the city occupied by the VersallllBts.
Theatres Burned.
The Theatres Lyrlque, Cbatelet and Porte St,
Martin have been burned. Cannon and twenty
two red flags have been captured at Belleville
The court-martial for the
Trial of the Insurgents
will begin its sittings on Monday. There is a
rumor that Generals
Dclescluze and Pyut have been Shot.
The inburgents imprisoned in the docks have
attempted a rising, and several were shot before
order was restored.
A defpatch from St. Denis on Friday night
says the foreign firemen have entered Paris.
The cobflagration is decreasing. The work
shops of the Versailles Railway were burned
The insurgents have been dislodged from Cha
ronne and are surrounded ia Belleville and
A despatch from Tantin, dated at noon to-day,
save that the fighting east and north is less
A Versailles Battery
in the Rue de Flandres, at LaVillette, bombards
the insurgent works In Les Buttes-Chaumont.
The insurgents fire recklessly upon the city.
The Prussians imprison all the escaping Inaur
Carllat Movement In Spain.
London, May 27. A despatch to the Daily
Xnrs eays a Carllst movement Is imminent in
Pnaln. Don Carlos is at Bayonne. There is a
great agitation in Andalu6ia and Catalonia.
FR0M S0UT America.
fBT A880CTA.T1D FRE88.)
Baluivtly to Th Evening Telegraph.
Th Venrexitela Inatirreetlon.
Jamaica, May 6. An Insurrection Is re
ported at Varinas, Venezuela. In an engage
ment the rebel General llerrera was victorious.
Exclusively to The jrvening Teiem-apk.
Verdict Against the Krle Railroad.
ihbw iork, May 27. General waiKer, son ot
'2n fXW niralnst tho F.rl Ka.ilrnn.rl Comnanv for
Injuries from an accident two years ago.
New York Prodate MsvrUet.
Niw York. Mav 27. Cotton strorwr: saies S000
bales; middling uplands, 17o. ; middling Orleans,
lic. Flour heavy, but without decided changa;
sales 70(H) ttw. Wheat oniet and steady and with
out decided change; sales 86,0i0 bushels. Corn Is
wlthont deolded change; sales al, Coo bushels, oats
quiet, api sreaiy ; sales i4,uoo nasneis u moat eon)
Beef julet and steady. Perk nnchnnged.
1-ard quiet and steady ; steatn-rendered, 9'r10 -c ;
kettle, lie Whisky quiet and steady at j93'c
Rclnvestlgatlon.of the Troubles Meeting
ui .e -special
The troubles la the affairs of the Methodist Book 1
Concern, say. the New York J-jjcpreng of last evening,
growing out oi tne oarietou-tiananan controversy,
have again assumed a serious aspect, and It ts very
proriBDie tnat the trial or tne various charges ana
counter-charges against the Book Concern and Dr.
LonaDan win shortly ne resumed.
xne present eumcuiiy may ne explained as roi-
lows : A Bub-commlttee was appointed by the Book
committee at the close or its last session to make
an examination Into the books and accounts of the
concern -, it was also authorized to call to Its assist
ance several experts, chosen by the agent and Dr.
Larjatian. Through some misunderstanding, how
ever, this plan was abandoned, and the sub-commit
tee ratiea entirely in carrying out the object lor
Which it was appointed.
The chief agent. Dr. carieton, subsequently ap
pointed three well-known accountants to examine
the books of the Concern, for the purpose of dis
covering the alleged frauds. Dr. Laaahan, It Is re
ported, on learning of the fact, asked leave to add
two experts of his own choice to the number. Dr.
Carletou, It Is said, declined to "accede to this re
quest for ditl'erent reasons, but offered to submit the
work or tne experts, wnen concluded, to itr. t,ana
han for Inspection. The joint counsel for Dr. Lana
lian then piesented a similar request, whica was
also refused.
Dr. Lanahan has since brought the question into
court, and sued for a mandamtm compelling the
chief agent to give him the use of the books, aud
also to restore certain rights and privileges of which
he claimed to have been deprived. The case Is set
down for trial before Judge Ingraham on Monday
Dr. Bingham, the president of the Hook Com
mittee, was In this city last week, and wag informed
of the present embarrassing condition of the Book
Concern. Becoming convinced that unless some
decisive action was taken thn business prospect of
the Concern would suffer, he immediately Issued a
call for a special session of the Book Committee, to
be held In this city. Many of the members promptly
responded, and the first meetings of the body were
held yesterday.
ai tne session neia at z o ciock yesterday after
noon, the present difficulty was earnestly discussed
and a committee finally appointed to ascertain the
necessity for holding a new court for the trial or the
alleged frauds in the management of the Book Con
cern and to investigate the charges made against
Dr. Lanahan.
At 2 o'clock this afternoon a secret session was
held, when It was expected the report of the com
mittee would be submitted. From present appear
ances a resumption of the proceedings of the com
mittee, which were so abruptly terminated at the
peginaing of tne present year, win take place.
rue touowing members of the nook Committee
are now in attendance:
First dlstjict-Jamos Pike, of New Hampshire Confer
becond district G. W. Woodruff, of N.vr York East
ronrth district Henry Sheer, of lialtimore Conference.
1 bird district O. h. Van Uleve, of Newark Conference.
Filth district J. S. Binttbam, of Black Kiver Uonior-
nixth district James Krwin, of Contral New York Con
ference. Peventn district ii. W. Maltby, of Fri. Conference.
Kinlitb district J. F. Kennedy, of North Ohio Confer
fiiintb district B. f . Kawlins, of Indiana Conference,
t enth district F. A. Blades, of Detroit Conference.
Fleventh district U. lianniater, of Wisconsin Confer
Fifteenth district J. Rottweiler, of Central German
J. 11. Moore, or the Illinois conference, and L. M.
Vernon, of the St. Louis Conference, are the only
members of the Book Committee absent.
The Outlook In the Cotton States Less
Cotton and More Corn.
The Savannah Hcpublican of May 20 gives the
following as the result of careful observation and
much inquiry regarding the crops, lu the course of
a recent trip through the States of Georgia, Ten
nessee, Alabama, aud Mississippi;
in ueorgia, we are convinced iuac a less area is
planted in cotton than was In 1870, especially in the
southern and middle portions of the Hiate, which
are most productive of the staple. In the northern
section quite as much has been put in as In 170,
though everywhere the plant Is backward lit Its
growth and sickly In its appearance. The recent
cold and wet weather baa either killed outright or
seriously damaged the crop, and we have no thought
of lt.t reaching that of last year, by at least a fourth
or fifth. Everywhere au increased breadth han been
planted In grain, and with anything like fair sea
sons, the productions of breadstuiVs will he abun
dant. In Cherokee, Georgia, where the wheat crop
promised well a few weeks avo. It has been almost
entirely oestroyea on an tne low ami level lands hy
the rust, and we have no thought that over half a
crop will be made In that section.
in 'leuueBBee, ivorin Aiatiama, ana iNcrta Missis
sippi the reduction of cotton Is even greater than In
Georgia. It is a tare thing to see a cotton lield on
the Memphis and Charleston Koad, wbil lose year
nearly the whole of that splendid country was de
voted to the staple. Com uow prevails everywhere,
and the crop ouls fair to be most abundant. Intelli
gent planters informed us that the same st.te of
things existed oil from tne road, the experience of
the pit seii t season having thoroughly disgusted the
people uenerally with a redutidaut cjttou cron.
Throughout all that section the crops of all s-irt-i are
In a bad condition as to culture, -the entire spring
has been so wet that the greatest difficulty has b -on
experienced in both pHnuug aud working, aud the
ra ns fuu continued.
In the Mississippi valley, on the Arkansas and Ited
rivers, the same unfavorable condition of things ex
ists, if not to a worse exteut The whole country is
ncoded, und planting oi every tina is ext-eediuiy
backward, it is feared tnat the waters wi.l not sun.
side and the earth become dry euougli lu titua to
mute anything like au average crop. We heard no
where a higher estimate of thu crop of the present
reur than ihree millions of bale, and our own ob
servations do not justify ns in putting it beyond
figure. One additional fact la worthy of notice
commercial fertilizers have bei-u sparinifly used the
nrn-ent season throughout the sr.uth. '1 his or ltn-ir
would effect a material reduction of the crop, even
were the same bremitti of l-llil IU cultivation.
Upon a survey of the whole held, so far a we n ivo
been able to compass it, wa are convinced of two
tlili'ps. viz., that the crop of cotton will fall far th tt
of that of last ear, aud tn cup oi -ira ou auioug
the largtbt ever raiseo in the cutton fetates
Evening Txi.tcoitArH 0-piob,
Saturday, May 27, IHVL t
Metier continues not only' abundant but a
dm" which it is tipblll work to dlf pose of even
at th' exceedingly low rates uow ruliug in the
niaiket. mo uciiiitud is chieny irotn eyecuia
live borrowers, who are accommodated ulinoet
on their own teims lu iheabseuce ot any vitality
Id oeneral trade circles. Kates are nominally 4
i i-r cent, on call aiid orao per cent, ou cummer
clal paper, but large 6uuis change hands below
thece cirures.
Gold is dull, with sales ranging iroin
llli opening and closing at tne fatter.
In Government bonds tne transactions are
licht. aLd testerdav's urices are maintained.
'i be fetocK market was active, anu prices were
steady. No sales of btate or city securities.
Keadirg Railroad was moderately active, sell
lng at 6cifa58 5ti, closing at 58)a. Pennsylvania
told at tjl&oUb) nd at 61 for the allot
ments. Sales of Lehigh Valley at 62-; and
Camden and Amboy at 130130.
In Canal shares there were sales of Lehigh at
37 an advance.
The balance of the list was quiet bnt firm.
Sales of Central Transportation at 60, and a few
share of Commercial Bank at 60.
Reported by De Haven ft Bro.. No. 40 B.Thlrd street
FIK8T board.
iioooAm ooid lnH
flOOOO C A 7s.... S7H
3000 Sen N 6s 69 . . 80 V
f 1001) C A m Ss.W 96
Ssh Cora'l Bk.... 60
10 do 60
781 sh Cam A Am... 130
50 an Penna K.... eix
100 sa Read
..10. 58
dO D8'44
do.... 110. 58-44
do 119.68-44
do 68tf
,.b89 . 68);
...810. 68'44
A K.. 68
08 do... allot. 61 x
800 do 61
loo do b3. 61V
44 sh LehValR.... 61
80 sh Cen Trans.b5 60
14 Sh O C 4
6 do...
loo sh Leh N.
600 do.. .
b38. 87 V
.bo. STX-
Messrs. De Haven fc
Brother, no.
40 Sonth
Third street, Philadelphia, report the
quotations :-New IT 8. B-80 of 1881, inmx;
U.S. 6a Of 1881. 117ail7V: do. 1899, HI Manila:
da 1864, Hl VAlllX ; do. I860, K& do, I860.
HOlallOTi Jt. OMT An. 119L',a11-i7l iln 100
da 1 13 Sialism j io-40s, 109siop,. D. 8. 80 Tear
6 per cent. Currency, ll6i9U5; Hold, 111 '(4
111 Ja? Bllver, 107108: Union PaclOoRallr d i
1st Mort. Bonds, Central Paclflo R.
road, locales,', ; Union Paclflo LandGrant Bono
Narr & Ladner, Brokers, report this morning
fiNii nuoinuouB as lonowa:-
10 00 A
W-5.1 A. M 111!
19-00 M lllwl
181 P.M Uljf
Philadelphia Trad Report.
SATTKDAY.May 27. Bark In the absence of sales
we quote No. l (Quercitron at 30 per ton. Tanners
liar may be quoted at tl617 per cord for chesnut
oak, and $20S8t for Spanish. 1
Seeds Cloverseed Is dull, with small sales at 8(
Sc. per lb. Timothy is nominal. Flaxseed sella
to the crushers at 2'209-2fS.
The Plour market Is without special change, the
demand being limited for shipment, and tie home
consumers purchasing only for immediate use. boo
barrels sold, in lots, including superfine at 5-25a
660; extras at 5-6.x6; Wisconsin extra family
at (6-76; Minnesota do. do. at I7-18X j Pennsylvania
do. do. at o-50(6-78; Indiana and Ohio do. do. at
$7(3 and fancy brauds at f7-76ta9, as In
quatior. ya Flour may be quoted at IS 87!f(a6.
in corn ;heruo sales were reported.
Holders of prime Wheat are firm In their views,
and In this description a steady demand prevails
from the local millers, but the absence of supplies
restricts transactions. Small sales of Indiana red
at $!-638l-o7; poor Pennsylvania do. at Ii-fi0;
amber at fl-68l-71, and white at tl-80$l-84. Rye
Is held at tTlo&l 12 for Pennsylvania and Western.
Corn Is quiet at yesterday's quotations. The re
ceipts are nBusually large, reaching 2,ooo bushels.
Sales of yellow at 7670c., and Western mixed at
74c ttau command fair prices. Sales of white
Pernsvivacataud Western at 6768o.
WhiBK. n'eadyand 160 barrels Western irnn
bound sold at nx,(g$!i.
8 A. M ..79 I 11 A. M 86 I 9 P. AL 92
Stm rises. 4 86 Moon Sets.....
Sun Sets 713 High Water...
, 0-8T
(y Cable.)
London, May 27. The bark Memmll. from Ten
don bound to Boston, foundered In consequence of
a collision with the Kllzabeta A, Oliver, from New
A a Al'tli A7, IUI AjUUUUU. - .
Steamship North America, from Baltimore, arr-rl
at Liverpool yesterday.
Steamship J. w. Kverman, Holmes, Richmond via
jNorioik, w. P. Clyde & Co.
Steamship Norman, Nickerson, Boston, H. Wlnsor
A Co.
Steamer Utility, Nickerson, Providence. D. S. Stet.
on fc Co.
Steamer Moultor, Jones, New York, W. M. Balra
Steamer Tacony. Pierce. New York. itn
Steamer New York, Jones, Georgetown and Alex-
aixiiia, vv. r. iiyue s tu,
6tY Beverly, Pierce, New York, W. P. Clyde & Co.
ItaUbark Suez, Cnscuolo, Bristol, Eng., B. Crawley
Bark Helen Sands, Woodside, Rotterdam, L. West-
ergaard & Co.
Schr Rebecca Florence, Rich, Amesbury Point.
Walter tionaldson fc Co.
Schr Senator Grimes, Phllbrook, Boston, do.
Schr 11. Croskey, Itackett, do. do.
Schr J. K. Lawrence, Torrey, do. do.
Schr Anna Frye, Smith, do. do.
Scbr Spartel, Smith, do. do.
Schr J. G. Stover, Avery, do. do.
Schr Martha Maria, Dean, do. do.
Schr Cyrus Fossett, Harding, Boston, Hammett,
Nelll 4 Co.
Schr Jonathan May, Smith, do. do.
Schr C B. Wood, Gandy, Boston, J. c. Scott t Sons.
Schr C. L. Vanderwout, Stout, New Market, do.
Schr Anna D., Chase, do. do.
Schr St Mary. Steelman, Salem, do.
Schr Joseph W. Wilson, Somers, Chelsea, do.
Barge Klla Saylor, Saylor, New York, Hammett,
Nelll & Co.
Tug Thomas Jefferson, Allen, Baltimore, with a tow
of barges, W. P. Clyde fc Co.
Tng Chesapeake, Merrthew, Havre-de-Grace, with
a tow of barges, W. P. Clyde Co.
Ship Oakland, Merrill, 47 days from Antwerp via
Savannah, In ballast to workman A Co.
Steamship Aries, Whelden, 4S hours from Boston,
with nidse. to II. Wlnsor Co. Below Bombay Hook,
passed barkentine Alert, from Wolgast; also, a
burkentine aLd a brig, bound up.
Steamer Frank, Pierce, 84 hours from New York,
with nidse. to W. M. Baird & Co.
Steamer G. H. Stout, Ford, from Georgetown and
Alexandria, with indue, to W. P. Clyde & Co.
Steamer Ann Kliza, Richards, 84 hours from New
York, with tudse. to W. P. Clyde Co.
Steamer MayUower, Fultz, 24 hours from New
York, with mdse. to w. P. Clyde k Co.
Br. bark Lydia, Kirk, 67 days from Rotterdam,
With Didse. to L. West ergaard Co.
Brig Faustina, Patterson, 11 days from Cardenas,
with molasses to Isaac Hough A Morris vessel to
Warren 4 Gregg.
Schr J. M. Lroomall, Godfrey, 16 days from Jack.
torn llie, Fla., with lumber to Patterson fc Llpplncott.
Schr Hattto Page, Haley, from Kennebec lilver,
with ice to Kulci at bocker Ice Company.
Schr George Taulaue, Adams, from Boston.
Schr k. II. Kurber, Cobb, do.
Schr Transit, Kackett, do.
Schr K. H. Atwood, Norris, do.
Schr Cohasset, Gibus, from Allyn's Point.
Schr Senator Grimes, Havlilbrook, from New York.
Schr R. Law, Kidrluge? do.
Schr John S. Mouitou, Crowley, do.
Schr KtDUia, hati'pion, do.
Tug Thus. Jefferson, Allen, from Baltimore, with i
tow of barges to W. P. Clyde 4 Co.
Tug G. B. Hutctiings, Muiford, from Havre-de-Grate,
with a tow of barges to W. P. Clyde 4 Co.
Steamer Juniata, uoxie, saUed from New Orleans
1 P. M. yesternuy for Havana, whence she will sail
felbt lnst. for Ph.ladeipiiia
Cvrritpomhm-e of The Kveuinq TeUwraph.
New Vukk office, May 26. The following
targts leave in tow to-night for Baltimore, light:
C. McWiiiiaina John Tracey, Setter, Governor
Joins, Star of th" Woild, Kuternnse, C. B.Brooke,
Jim JsmiKon, W llliam Walker, James Scrtbner Z.
C. Foote, and Myife.
Baltimohe BnaNcu Office, May 26 The follow
li g barges left lu tow at uoou to-day, eastward:
F. uodnurd. J. W. Andrews, Thomas Lvuoh, Late
and Furly, E. B. '1 burnous, 1). H. White, James
t rustee, and W. II. llarued, all with coal, for New
Jknitst Abe, with coal, for rerryvllle.
Philadelphia Bkaxch office. May 87. The
U. L. Wligua, vita coal, for Baltimore, left last
ductal Iinpatrh to Tht Enmity Telegrar-h.
Havub-dk-gkacs, Miy 27. -The following boats
leave in tow to-day :
Sarah Dunbar, . J. Curtln, and Shaw Town &
Co, with lumher to Patterson Si Llpplncott'
Big Jake, Delaware, and Josephine, with lumber
to laj lor fc bells.
lrjy t'tirrle, Mary Jane, J. W. Thompson,
ml b. D. Lilgar, with coal to G. C. Morris.
W. Young, witu lumber to Haves fc fciiia.
B. A Knight, with lumber ta u. K. Trainer & Co
Mahouey, with lumber to Watson Maloue & Son!
W. 1). Briner, with coal to Elliott 4 t o. J, ii.