The evening telegraph. (Philadelphia [Pa.]) 1864-1918, May 27, 1871, FIFTH EDITION, Image 1
1 A H r- ' PHILADELPHIA, SATURDAY, ,MA Y 27, 1871. DOUBLE SHEET THREE CENTS. VOL. XV. NO. 125. E FIRST EDITION 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. We.ee 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 States. 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 oo.br 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 nvoffi.er 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 body.it 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 gr.it 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 li.uk! 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'l.nr. 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 ; " m.im 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 injury. 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 mandatory. 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 Stutes. THE WEATHER. The Detailed meteorological Report fdr To-any. 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 MURDEROUS ASSAULT. a 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. C0UXT J01IANNES AS RICHARD III. 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. SECOND EDITION! 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 FROM EUROPE. BT ASSOCIATED PRESS.J 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 immediately. 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 off. 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 eays Gen. Vlnoy Captured the Place de Belle vine, 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 Menilmontant. A despatch from Tantin, dated at noon to-day, save that the fighting east and north is less violent. 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 gents. 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. FROM MEW YORK. BT ASSOCIATE!! PBKSS. Exclusively to The jrvening Teiem-apk. Verdict Against the Krle Railroad. ihbw iork, May 27. General waiKer, son ot 0" '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 Tilt METHODIST BOOK CONCERN. Rclnvestlgatlon.of the Troubles Meeting ui .e -special ajommiii.ee. 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 next 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 ence. becond district G. W. Woodruff, of N.vr York East Conference. 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- ence. 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 ence. fiiintb district B. f . Kawlins, of Indiana Conference, t enth district F. A. Blades, of Detroit Conference. Fleventh district U. lianniater, of Wisconsin Confer ence. Fifteenth district J. Rottweiler, of Central German Conference. 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 SOUTHERN CROrS. 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 th.it 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. PHILADELPHIA STOCK EXCHANGE 8A.LK8. 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. 58 800 800 400 100 700 100 dO D8'44 do.... 110. 58-44 do 119.68-44 do 68tf ao do.. 68-66 ,.b89 . 68); ...810. 68'44 A K.. 68 700 do.. 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.. . 61- b38. 87 V .bo. STX- Messrs. De Haven fc Brother, no. 40 Sonth Third street, Philadelphia, report the following 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 M. ."1)4- W-5.1 A. M 111! 10-B4 19-00 M lllwl 1060 .Ill.V 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. LATEST 8H1TPISB INTELLIGENCE. PORT OF PHILADELPHIA MAY 87 BTATE OF THERMOMETER AT THE EVENING TELEGRAPH OFFICE. 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 7-42 (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. CLEARED THIS MORNITJO. 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. AURIVED THIS MORNING. 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. MEMORANDA. 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. &ASTUN fc Aii'MAHoN S BILLBTIN. 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 tVCLlUg. 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.