SECOND EDITION.
BY TELEGRAPH.
LATER FROM TEXAS.
The state Convention
Limitation of White Suffrage.
INTERESTING FROM NEW ORLEANS
THE FENIAN SCARE IN CANADA.
Ten Thousand Volunteers Called Out,
The Texas State Convention.
NEW ORLEANS, March 7.—ln the Texas
State Convention an effort to base represen
tation in the Legislature on the number of
free persons failed. The Committee on the
Legislative department express unqualified
opposition to negro suffrage. Provisions
have b6en made for the election of State
officers as soon as practicable.
The Finance Committee reported a sweep
ing ordinance declaring all debts contracted
by the State in the late war null, and forbid
ding the Legislature to assume the payment
i e
thereof. Dr. Gener mTh de an able minority
report, favoring unit= d suffrage.
The Convention passed an ordinance
. making five years' residence a necessary
qualification for legislators. White suffrage
will probably be restricted in order to cut
off the black.
The steamer General Sedgwick had ar
rived from New York and discharged.
At New Orleans middling cotton, 31c.
Freights to Northern ports, .1; to Liverpool,
Freights are very dull and several
vessels have been sent away in ballast.
The steamer Arlington has arrived from
New York.
George A. Starr, convicted of killing Wm.
L. Sevier, of Versailles, Mo., has been re
comnlended to the executive clemency.
From New Orleans
NEW ORLEANS, March 7.—Gen. Scott is
still here, and not at Pensacola reported.
It is rumored that Gen. Steadman suc
ceeds Gen. Canby, and Gen. Fullerton will
be the President's Secretary of State.
Recruiting for the Liberal army is going
on here.
The President's veto of the Freedmen's
Bureau bill arrested the contemplated emi
gration of a large number of Texans to
foreign countries.
The freedmen's affairs in Texas is favora
ble, and in this State more satisfactory.
Goods are selling at Houston, Texas, 25
per cent. below the invoice price.
The report of the abrogation of the decree
making Matamoras a free port was erro
neous. The decree makes the payment of
duties at Matamoras instead of the interior.
NEW ORLEANS, March 7th.—Cotton un
settled and irregular. Sales of 2,000 bales.
Reeeipts to-day 2,869. Middlings nominal
at 441@45. Gold 1311. Sterling 42.
Governor Wells has issued a proclamation
ordering municipal elections on the 12th in
stant. Mr. Carr, of Belize, Honduras, is
here endeavoring to open regular steam
communication between that port and New
Orleans.
Gov Austin, in his address to the Belize
Legislature, recommends official aid to the
undertaking.
On the 12th inst., daily passenger trains
stiill rttn,on the Jackson road, making close
connections with the roads above.
The President has notified the stockhold
ers of the Southern Pacific railroad that
one-half of their accrued dues must be paid
by the 16th of April, and the balance by the
15th of June next, or they will be forever
barred.
Gen. James Longstreet has been elected
President of the Great Southern and West
ern Life and Accident Insurance Company,
just established here.
Gen. Dick Taylor has leased from the
State the new canal connecting the upper
part of New Orleans with Lake Poacher
train, for $750,000, payable in yearly install
ments.
Gen. W. P. Benton, the new Collector of
Internal Revenue, has arrived here.
The Fenian Scare in Canada.
MONTREAL, March Sth.—The morning
papers say that last night orders were
received by the militia authorities to call
out 10,000 volunteers within twenty-four
hdnrs, and that, last night, guards were
stationed at the armories and everything
put in a state of defence for anp emergency
that might arise.
From Louisville
LOI7ISVILLE, March 3.—General Palmer
has commuted the death sentence of the
guerillas James Harvy Wells alias William
Henry, and Samuel A. Berry (one-armed
Berry). to ten years imprisonment in the
Albany penitentiary,subject to the approval
of the President.
American Fishermen in New Brunswick.
ST. JOHN, N. 8., March B.—The Lieute
nant-Governor of this province has issued a
proclamation warning American fishermen
off from the in-shore fishing grounds, after
the 17th inst.
Fires in Ma.ssachusetts.
BonoN, March B.—Accounts from Cape
Cod report that large fires took place in the
towns of Brewster and Sandwich on Wed
nesdg,y night..
. Pennsylvania Legislature. "
. HARRISBURG, March 8, 1866.
SENATE.—The Senate is not in session.
- - -
BOUM—The special order of the day was
the consideration of public•bills, as follows :
A supplemedt to the Common School, law,
relating to the maintenance and education
of destitute orphan children, and brothers
and sisters of deceased soldiers and sailors.
The bill requires every Board of School
Directors within ninety days to forward to
the Bnperintendentof Common Schools a
list of the children of sailors and soldiers,
and• brothers and sisters of the same, under
sixteen years of age, within their districts;
the directors are also to make arrangements
for the maintenance and schooling of such
orphans. Snchiparties may select the reit.-
fives of orphans who prefer to support
them, and they may, with the sanction of
the State Superintendent, draw a sum not
exceeding sixty dollars per annum for each
orphan.
The bill was discussed at length, its oppo
nents contending that it interfered with the
present eduitional system of the State.
Arrival from New Orleans.
[NEW YORA, March Bth.—The steamer
George Cromwell,from New Orleans, arrived
at this port this morning.
Arrival of the Borussia
NEW YORK, March B.—The steamship
Borussia has arrived. Her dates have been
anticipated.
Price of Gold ii
[By the People's TI
NEW Yowl, March
looted to-day as follm
10.30 A. M., 1321
10.45 1324@1
11.00 13217
11.15 1321
Markets.
NEW YORK, March Bth.—Cotton is dull at 43c f r
middlincra Flour is dull: sales of 7 500 bbls. at $6 85 for
State, $6 75@$8 40 for Wrstern, $8 20 $l5 50 for Southern
and $7 CO(Jjfil 50 for Canada. Wheat and Corn dull:
sales unimportant. Beef quiet. Pork heavy at 126 25
for Mess. Lard firm. Whisky dull.:
:16J Fyn ail 11
PHILADELPHIA CATTLE MARRET, March
Bth.—The Cattle Market is more active this
week and prices rather better. About 1,500
head arrived and sold at the Avenue Drove
Yard at prices ranging from at 151,®16 cents
for extra, 131@)15 cents for fair to good and
common at 11@13 cents, lb, as to quality.
The following are the particulars of the
sales•
Head. Name. Amount.
120 H. Chain, Lancaster co. . 12 @ls
40 Owen Smith, Lancaster co., . 14 ®l5?
70 A. Chain & Bro., Lancaster, 114 0151
30 Jones McClese, Chester co., 14 015
165 P. Hathaway, Lan. co., , 14 @l5
30 E. S. McElnan, Chester, 14 @ls
20 A. Kennedy, Chester co. . 14 Ql5
126 P. McFillen, Lan. l3 @)l5
31 Montagne & McFillen, co., bhester, 12 @ls
40 J. McFillen, Lan. co., . 14 @l6
90 Ullman & Bachman, Lad. co., 15 @l6
SO L. Frank, Lancaster, . . 12 @l4
95 Gust. Shamberg, Western, . 14 @l6
50 B. Hood, Chester county, . 14 @l6
29 Dryfoos & Dryfoos, Western. 12 @l4
30 Hope & Co. ' Chester cc., . 14 @l6
50 J. A. Chain & Bro., Penna., 14 @l5
Cows—Are unchanged; about 50 head sold
at from $40@65 for Springers, and 00@.`30
per head for milch cows.
Hogs—Are scarce and prices rather better:
800 head sold at the different yards at from
14(&$14 50 the 100 lbs nett, as to quality.
Sheep—Continue in fair demand at an
advance; 6,000 head arrived and sold at
from 61ez,81 cis. per lb gross—the latter rate
for good fat sheep.
LARCENT.—Before Ald. Tittermary, this
morning, William McDevitt, William Had
ley, George L. Crapp and John Fitzsimmon
were charged with the larceny of a barrel
of eggs, belonging to George Engelt. Tne
eggs were stolen from Shippen street wharf.
The arrests were made by Officers
Clark and Ware. Hadley and McDevitt
were chased through the "Neck" for
two hours by Officer • Ware before they
were captured. The prisoners were com
mitted for a further hearing.
COUNTERFEIT MoxEr.—Patrick Maloney
was arrested last evening upon the charge
of passing counterfeit currency, in the
neighborhood of Fourth and Shippen
streets. Some forty bogus twenty-five and
fifty-cent notes were found in his possession.
The accused was taken before Ald. Titter
mary, and was committed for a hearing be
fore the U. S. Commissioner.
BOWER'S INFANT CORDIAL is a certain,
safe and speedy cure for cholie, pains and spasms,
yielding great relief to children teething, Bower's
Laboratory, Sixth and Green.
PFEERNIA OR RUPTURE—Treated with
Professional skill. and Trusses of approved construe
tiou applied by C. 11. NEEDY:FS. corner of Twelfth
and Race streets.
"FELT CORN AND BUNION PLASTER:B."—
bialled for fifty cents. Bower. Sixth and Vine.
5-20's WANTED, DeHaven tt Brother,
40 South Third street.
DRUGGISTS' SUNDRIES IN EVERT VA
aIETY. SNOWDEN dr. BROTHER Importers,
23 South 'Eighth street.
BRONZE Ink Staiids, Fans, Card Receiv
es. Jewel Caskets, Cigar Cases Cutlery etc.
SNOWDEN rt. BROTECIM.
Importers. 23 South Elghet th etre
7 3-10's N..ANTED, DeHaven Brother,
40 South Third Street.
PUBLIC SPEAKERS. and Singers Will find
"Brown's Bronchial Troches" benetic'al in clearing the
voice before speaking or singing, and relieving the
throat after any unusual exertions of the vocal organs.
having a peculiar adaption to affections which dis
tu•o the organs of speech. For Coughs and Colds the
Tro , hes are effectual.
COURTS
_ .
C..st Ikt 02s: PLEss—Judges Allison and Peirce.—This
morning the contested election case of Weaver vs.
;lven was called up, and Judge Allison stated that the
Court bad thterrained to refer the case to an Examiner
to take testimony. This would speed the case without
monopolizing the time of the pnblic.
A iluestiOn was suggested In regard to the rests, hut
the Court declined to make an, order fixing this until
alter the consultation between all the Judges.
COMUMERCIAL.
SALES OF STOOKS.
2700 City 68 new 1 1 034
1000 do 90,1 4 '
1000 Pittsburgh 56 67
11664 Pa It Ist mgt 68 2334
104:0 12 Pa R 68 64,1.5
1000 Elmira It 7s 913
600 sh Sugar Val 2
200 ski do b3O 21.16
100 sh N Y dr. ltriddle
Coal Field b3O 3
900 sh do b3O 5
7 eh Lehigh Val 62
100 eh Read R '. 1 330 49 3 i
100 eh do b3O 431.(.
PRICES OF STOCKS IN NEW YORE.
(By Telegraph.)
;FIRST CLASS.
Ameriatur Gold 13. W. sales
Reading Railroad 4931-100 sale&
New York Central.. 9134 sales
U. S. 68'81 Int off 104,1,; bid
11. S. 68.6208 1023,f, bid
Erie 86 sales
Hudson River 104 sales
Illinois Central bid
Northwest. bid
Steady.
Finance and RuaMess•..Mareh 8,1866.
The Stock Market was again very inactive this
morning, but prices fluctuated but little. Government
Loans were stead, at yesterday's figures. City Loans
were weak, and receded 3a. Reading. Railroad sold at
the opening at 4934 b. 15, but closed at 49U regular.
Pennsylvania Railroad sold at 55.14—an advance of
Lehigh Valley Railroad at 62-0. decline of M; and
North Pennsylvania Railroad at MX—no change.
Pennsylvania Railroad First Mortgage Bonds sold at
9534, and North Pennsylvania Railroad Sixes at 843;.
n 5. - was the best bid for Camden and Amboy Railroad;
53% for Germantown Railroad; 29 for Little Schuylkill
Railroad; 54t for Mine Hill Railroad; 433:. for North
ern Central Railroad, and 29.4 for Philadelphia and
Erie Railroad. In Canal stocks the only sale was of
Lehigh Navigation, at 5214. Schuylkill Navigation
Preferred closed at 28; the Common stock at 21; Dela
ware Division at 31.1,, and Susquehanna Canal at 10.
Coal stocks were very dull. New York and Middle
sold at s,and Big Mountain at the same figure. Pas
senger Railway shares were wry quiet. Hestonvllle
sold to the extent of 800 shares at 33 regular and 33.34 b.
CO. Union Passenger Railway was weak. The receipts
of the road last year were $205,503 06; expenses, 11200,793
excess, $5,800 06, or about 29 cents per share. Chest
nut and Walnut Streets sold at 5134©513.". Second and
Third Streets was firm at 75.
Jay, Cooke dc Co. quote ElovernmentßeettritleS, drc.,
to-day, BB r O / 10 w 8 ;
U.S. 6'e,1681 161
Buying.
3-4 Bening;
M.;
Old 620 Bonds 103 103;',;
New " 1864 103 1084
5-20 Bonds, 1865 103 10.31,i
10-10 Bends—Coupon off 90 90„
7 6-10 August. ....... 99: • 994
" June-- ... 99.34 993
61 J u l y —... 99% 99.1.,,
Certificate° of Indebtedness..... .
98% 9914
Gold—at 12 ' clock .:..131A 131%
Philadelphia Markets.
TIMRSDAY, March B.—There is some little shipping
demand for the higher grades of Flour, but low grades
are excessively dull and can only be disposed of at re
latively low figures, sales of COOO barrels good extra at
THE DAILY EVENING BULLETIN; PHILADELPHIA, THURSDAY, MARCH 8, 1866.
New
elegraph Line.]
Bth.—Gold has been
11.30 A. M., 1321@g
11.45 1314@2
12.00 M. 1314
12.15 P. M. 1314
l ARR.
10 sh Lehigh Nay 52'.
105 sh N Pa R 35'4
300 sh do s3O 353
100 sh Hestonyille bCO 33 3 3
500 sh do b3O
sh do I:is 33
300 sh do
100 eh Catawissa pf h3O 32
' 9sh Penna R 45";
100 sh Big Mountain
Coal b 5 5
750 sh Chen & Walnut .514,i
00 eh de 51?:
SZCOND CLASS
sales
sales
sales
sales
salsa
sales
..-.. sales
sales
sales
$8 75, 200 barrels Northwest extra family at $B9, 100
barrels Penna. do. do. at $9 75, and 400 barrels fancy on
terms keptsecret. The sales to the home consumers
take a wide range, say from ge 25 to $l4 for common
superfine and fancy lots. Small sales of Rye Flour at
$4 7.7@5. Prices of Corn Meal are nominal.
There is not much Wheat of prime quality here and
other delicriptions are not wanted- Pales of 1400 bush
els fair and choice Red at $2 20@2 30 bushels, 3000
bushels Red and 3000 bushels White on terms kept se
cret; 1000 bushels White sold at $2 25@2 89. Small sales
of Rye at 85 cents.' Corn is very quiet; about 2500
but h els yellow sold at 70c, In store and from the care.
Oats are unchanged. 1.100 bushels in the cars sold at 49c.
o chance in Barley- A sale of 1,500 bushels Barley
Ma' tat 01 40.
vloverseed is very quiet. A few small lots sold at
so@sG 50.3 Nothing doing in Timothy. Flaxseed is
wanted at 82 80 bushel.
Whisky It dull. bmall sales of Penna. at $2 28 and
100 bbls. Ohio at $2 28.
BOYS' WEAR.
FINE, ALL WOOL CASSENLERES, $1 00.
BLACK AND WHITE CHECK DO., $1 00
TINE MIXED TWEF..DS,6I 25.
FANCY STYLE CASSIME,RE9,II
FINE GOODS FOR SUIT q, $5 50 to $1 87.
FANCY MIXED FOR SUI rs, $i 62.
MENS' WEAR.
NEW STYLE CASKIIERES.
LIGHT GOODS FOR SPRING WEAR.
STUFFS FOR BUSLNESB SUITS.
BLACK CLOTHS, CHEAP.
FINE SPRING COATINGS.
FANCY CASSEKERES FOR SUITS.
LADIES' SACKINGS.
PLAIN MIDDLE'S'EX CLOTH.
FANCY MIDDLESEX CLOTHS.
FEW DOUBLE WIDTH CLOTHS.
sINGLB WIDTH CASSIMERES FOE SAQUES
DREL S GOODS.
ONE CASE CHENNE POPLINS. 33
LARGE PLAID SCOTCH GEs.D;HAMS,4Scts
GOOD BLACK A I.PA CAS, 50 cts.
WHITE GRoTIND FIGURED MOHAIRS. $l.
WHITE GROUND ALPACAS. 30 c'as.
FRENt'H FIGURED JACONEFS.
PINE, BLUE AND BUFF PER( ALEs.
J. C. STRAWBRIDGE k CO.,
N. W. cor, Eighth a9d Market St%
fels-tf rp
MARYTI\i'd PATENT
•
ALUM AND DRY PLASTER
FIRE AND BURGLAR
SAFES
NEVER LO'E THEIR FIRE PROOF QUALITIES
NEVER CORRODE THE IRON.
NEVER MOULD THEIR CONTENTS
FIFTY THREE HOURS in Churl ' tire, yet
books were perfectiy preserved.
MATWIN Sr, CO.,
75.11 Chestnut Stre, t,
(Masonic Hall,)
And 265 Broadway, New York,
Sideboard and Parlor Safes for Silver Ware,
Second-hand Safes of all the other makers.
Safes received in exchange for new ones.
send for illwitrateci catalog - tie rob .1 s.tchth2m sp_
THE
"EXCELSPOR 7
ELA.3I S
Selected from the best Corn-Fed Hogs,)
ARE THE BEST IN THE WORLD.
J. E. MICIIENER & CO.,
GENERAL PROVISION .DEALERS,
• And Curers of the Celebrated
"EXCJEL,SI.OOIEI."
sugar Cu .red Hams,
TONGUES AND BEEF,
Nos. 142 and 144 NORTH FRONT ST.
None genuine unless branded
"J. H. M: & CO., EXC'ELSIOR." •
The Justly celebrated "EXCVT.SIOR" HAMS are
enVjyj.H.rPCo(i3 style
them
sees).expresli for PAM VArareof delicious
flavor; free from the unpleasant taste of salt, and are
pronounced by epicures superior to any now offered for
sale. te,lts,m.thSna rp
OAK SHADE Oth COMPANY
OP PHILADELPHIA.
CAPITAL, • : - $BOO.OOO.
SHARES, 120,000. PAR VALUE, $l5 00.
PRESIDENT,
WILLIAM BAILEY,
TREASURER, SECRETARY,
HUGH GAMBLE. GEORGE C. JERVIS.
DIRECTORS,
JOHN F. GROSS DAVIS TUMBLE,
HUGH ia.tairag JOHN H. JONIEI,
WILLIAM BAILEY.
,Sr PEALNTENDENT-J. DA T,LA S HALL,
OFFICE,
329 WALNUT STREET
PHILADELPHIA. fel2-Imirp_
GROVER & BAKER'S
MUST PREMIUM ELASTIC STITCH AND LOCK
STITCH SEWING MACHINES,
With latest improvements,
730 CHESTNUT Street, Philadelphia.
17 MARKET !Street, Harrisburg. jed-sna rp
DREXEL •Sz (JO.,
BANKERS,
34 SOUTH THIRD STREET.
•
:10-40's,
ISSl's,
Certificates of Indebtedness,
Compound Interest Notes and
GOLD aArL) SILVER,
COU ght and Sold.
Dram drawn on England, Ireland, France and Gar
r. any.
stocks an d B o nds bought and sold on Commission at
the Brokers' Board, here and In New York. Orders
solicited. no2l•tf sp
FOB SALE.—A new nine-roomed HOUSE. on
EIGHTEENTH street, below MASTER, with
ai the modern Improvements. Immediate possession.
Will be sold on accommodating teems. Apply on the
premises to J. McELBOY. mbS-10.12-3t.
QHMATEING mair.—LOWEELL PATENT Rues
wor tto Bhesithinx Felt for 810 o; also, thasolys paten
Weoldinirßelt , IrOr Steam:lTU:ma And Bo ners , dm
said for owe try WILLIAM 8 QI:RANT, No, ill!! SODS
Del:maze avenue.
THIRD EDITION.
BY TELEGRAPH.
From Washington.
ISPeclal Despatch to the Bulletin].
WASHINGTON, March B.—The Ways and
Means Committee will report a tax
soon as the Canadian Reciprocity matter is
disposed of. It ]ogles now as though that
msasure was dead. Mr. Morrill will en
deavor to get it recommitted to the Com
mittee to save himself from disgraceful de
feat. Judge Kelley's speech,• yesterday,
finished it.
The resolutions of the Harrisburg Con
vention are the principal topio among mem
bers of Congress and others to-day. The
friends of Johnson's policy seem to be de
lighted with the action of the Convention.
The Senate Commerce Committeeare con
sidering the question of the improvement
of rivers and harbors. They will probably
soon report a bill to that end.
The constitutionality of the test oath
will soon be decided by the Supreme Court.
It is said that the Court are almost unani
mously of opinion that it is unconstitu
tional.
[Correspond encd of the Associated Press.]
WASHINGTON, March B.—Representative
Boutwell to-day made a report from the
Committee on Reconstruction, signed by
himself and Representative Washburne, of
Illinois, in which they state that the colored
people are undoubtedly - loyal and one-half
of the white people disloyal. East Tennes
see is strongly loyal, and Middle and
Western Tennessee disloyal. There are
about 120,000 white males of the voting age,
and 80,000 colored of the voting age, in all
about 200,000. The proposition of the com
mittee heretofore reported places t& State
Government in the hands of about 60,000, or
three-tenths of the adult population, to the
exclusion of seven-tenths. Representa
tives Boutwell and Washburne thinks
.it better to give the elective
franchise. to all loyal men, in order
that the Government may be permanently
maintained, therefore they propose an
amendment to the proposition by affixing
another condition for the admission of
Tennessee, namely that in conferring the
elective franchise no distinction shall be
made as to race or color.
From Canada
TORONTO, C. W., March r,.—The (;!0.! , c of
this morning has the following spe3ial de
spatch from Ottawa :
Immediately upon the arrival of the Hon.
Mr. McGee from Montreal a cabinet coun
cil was held. At tilts important setting
there were present John A. McDonald,
Galt, Campbell, McGee, Chapras, Backbarn
and Ferguson Blair. In view of the pre
sent circumstances and the vast amount
of property at stake, and the more impor
tant consideration, the protection of our
fellow-subjects along the frontier exposed
to the marauding operations of the Fen:ans,
it was resolved to call out 10,000 jvolunteers
for the protection and defense of the Cana
dian frontier. This step is adopted mainly
as a precautionary measure, but if wanted
for more active service the volunteers will
be on hand. It is hoped that active exer
tions will not be necessary, but if they are,
the government relies on the confidence
and courage of the Canadian volunteers..
p tl :4 >:5:1:21 w I: 4 :k 111.3 x:1-1 03.11
WAsEtr....:GTo.N. March Bth.
SENATE.-MX. Van Winkle ,W. Va.
presented the joint resolution of the West
Virginia Legislature asking Congress to
pay the war claims of that State, growing
out of the equipment, arming and paying
of the militia. Referred to the Military
Committee.
Mr. Trumbull Ill.) presented the petition
of the Illinois Central Railroad asking
that the iron used in the construction of
railroad bridges and other superstructures
be exempted from excise duty.
Mr. Wilson Mass.+ introduced the peti
tion of army officers for an increase of pay.
which was referred to the Military Com
mittee.
Mr. Morgan (N. Y.l, from the Committee
on Finance, reported back the petition of
the New York Union League Club asking
that Congress appropriate for the relief of
Mrs. Lincoln the amount of salary for the
full term of office for which Mr. Lincoln
was elected. Mr. Morgan asked that the
committee be discharged, the subject having
been acted upon. It was so ordered.
Mr. Poland Vt. presented a joint reso
lution to amend the Constitution by dis
qualifying from voting or holding office all
who have willingly taken part in the re
bellion. Referred to the Committee on Re
construction.
Mr. Henderson (Mo.) offered a series of
resolutions declaratory of the duty of Con
gress, asserting that to Congress, and not to
the Executive, belong the power of re
establishing civil government in the lately
seceded States, etc. Ordered to be printed.
The joint resolution to amend the Consti
tution on the subject of representation was
taken up, and Mr. Morrill, of Maine, took
the floor.-
HOUSE. - On motion of Mr. Schenck
Ohio) the Senate joint resolution appropri
ating $15,000 CO reimburse Miss Clara Bar
ton for money expended by her and to aid
in the further prosecution of the search for
missing soldiers,was by unanimous consent
taken from the Speaker's table, read three
times and passed.
Mr. Boutwell t Mass.) from the Joint
Committee on Reconstruction, presented
the views of the minority—himself and
Mr. Washburn e. of Illinois—in regard to
the admission of Tennessee. Ordered to be
printed.
Mr. Rigby Cal.), on leave, introduc d
biil granting the right of way to ditch and
canal owners in California over public
lands. Read twice anti referred to the
Committee on Mines and Mining.
Mr. Eliot (Mass.) offered a resolution,
which was adopted, directing the Secretary
of War to communicate to the House all
orders issued from time to time by Com
missioners and Assistant Commissioners of
the Freedmen's Bureau.
Mr. Latham (Cal.), from the Committee
on Printing, reported a resolution to print
a thousand copies extra of the several
reports of the• Revenue Commissioners for
the use of the Secretary of the Treasury.
Adopted. The Judiciary Committee being
called, for reports in the morning hour.
Mr. Wilson (Iowa), from that Committee,
reported back with an amendment
the House bill to facilitate
commercial, postal and military com
munication among the several States.
Mr. Wilson explained that this was the
bill which had passed the House and gone
to the Senate, from which it was recalled
in order to amend it so that it should tai4 be
construed to allow payment to land-grant
railroads for services done for the Govern
ment. The amendment reported is in these
terms:
Puovided, That this act shall not affect
any stipulation between the government of
the United States and anyrailroad company
for transportation without compensation,
nor impair nor change the conditions im
posed by the terms of any act grantinglands
to any such company to aid in the construc
tion of its road..
At the suggestion of Mr. Conkling W.Y.)
the bill went over till Tuesday next, to be
printed in the meantime.
Mr. Wilson also reported back the House
bill to fix the number of Judges of the Su
preme Court of the United States, and to
change certain judicial districts, which was
considered and passed. It enacts that here
3:00 O'Clook.
after the Supreme Court shall consistof one
Chief Justice and eight Associate Judges.
Mr. Wilson remarked that he should be
in favor of a still further reduction of judges,
and that in the act to amend the judiciary
system, which would soon come before the
House, it might be well to provide for such
reduction as vacancies occurred.
New York Stock Market.
NEW YORK, March B.—Stocks are dull. Chicago and
Rock Island, 106%: Cumberland Preferred, 43%; llllaois
Central, 116; Michigan Southern, 73%; New York Cers
tral. 91%: Pennsylvania Coal, 50: Reading, 99%; Hud
son River, 104; Canton Company. 48%1 Mtsseurl6B, 78%
Erie. 85%; Treasury 7 3-10 s, 99%, Ten-Forties. 90%; Five-
Twenties, 102%. Gold, 111%.
THE DEATH OF DR. JAYNE-MEETING
OF THE Dune TRADE.—A meeting of the
drug trade of this city was held this after
noon, at the rooms of the Drug Exchange.
No. 17 South Third street. The attendance
was large.
Robert Shoemaker, Esq., presided, and
Mr. William M. Wilson was appointed
Secretary.
Addresses were made by Messrs. Shoe
maker, Wilson and others, in which the life
of the deceased was sketched and many in
teresting incidents of his business transac
tions were related.
The following preamble and resolutions
were offered, and were unanimously
adopted
Whereas, It has pleased the Almighty Dis
poser of Events, in His inscrutable wisdom,
to remove from our midst our fellow-citi
zen, friend and brother, Dr. David Jayne;
and while recognizing with reverence this
dispensation of Providence, and deeply
sympathizing with bis bereaved family in
their hour of trial, we desire, in this public
manner, to place on record the testimony
of our regard for the character of the de
ceased; therefore, be it
Resolved, That in the death of Dr. David
Jayne the city of Philadelphia has reason
to mourn the loss of a liberal, enterprising
and public-spirited citizen, whose aim to
beautify and permanently adorn the city
which witnessed the successful results of
his unceasing energy, will, together with
the record of his munificent gifts to the
cause of religion, science and benevolence,
perpetuate his name in its annals as a
citizen whose good work while living were
such as to render his death a public sorrow.
Resolved, That in his death the drug trade
have lost one who by his business tact and
enterprise has materially contributed to its
interests, and whose upright and conscien
tious dealings, have earned their highest re
spect and esteem.
Ile.solved, , That in the death of Dr. David
Janve,we mourn the loss of one whose sim
plicity of character and genial warmth of
heart endeared him to all whose good for
tune it was to be associated with him.
e , l, That in his example we recog
nize the success arising from untiring en
ergy and application to business.
1:e-olre , I, That in t!iiswisitation of death,
we who mourn the loss of our late fellow
citizen, are called upon not only to recog
nize the band of God in his removal whilst
vet in the vigor of manhood, but likewise
voice bidding us also to be ready,
"knowiug that the night cometh in which
no man can work."
Resfilt . d, That we atthnd his funeral and
that a copy of these r.solutionsbe presented
to the family.
That the proceedings of this
meeting be published in the daily papers.
ROEERT SHOEMAKER, Chairman.
WILLIA.II M. WILSON, Secretary.
ROBBEEY.—The notions store of Hess,
Rodgers tk Chambers,No. 411 Market street,
was entered last night by boring through
the rear door. Goods were strewn about
the floor, and sewing silk to a small amount
was carried off. A young man was arrested
this morning by Detectives Taggart and
Smith on suspicion of having been con
cerned in the robbery. He will have a hear
ing this afternoon.
Injunction Against the Lombard and
south Streets Hallway Company.
..SI'I"ERNIE COI:ET AT NISI PILIT'S—DI Equiti—Jus•
lice Strong.—The Cite of Philadelphia.' et at. vs. The
Lombard and South Streets Passenger Railway (om
pany. In this case, which we reported on the argu
ment of the bill in equity and demurrer thereto,Juslice
trong this morning delivered the following opinion:
The first ground assigned for the demurrer to the
complainants' bill is that the Legislature cannot
delegate to the city of Philadelphia the right of
arenting to or departing from the exercise of the
franchise conferred by the General Asaembly upon
the defendants. In support of this reason it is urged
that, by the Constitution. all the legislative power of
the Commonwealth is vested in the General As
sembly: that it is in its nature Inalienable. and that
a deli g-ation to the city of a right to dissent from the
exercise of a public franchise granted to a corpora
tion weuld bean admission of the city to a share in
the law-making power. It is undoubtedly true that
the Legislature cannot admit any other body to a
participation with itself in the enactment of a law,
nor can it delegate to a local legislature, or even to
the people of a municipality the power to determine
whether a law shall have vitality or not. But this
principle is misapplied when It is used to negative
the , power of the Legislature to grant a franchise de
prurient upon certain conditions. one of which may
be that before it can be exercised the assent of some
per-sn or persons shall be obtained. Such a grant,
(bough ha, ing the form of a law, Is, after all, in sub
stance brit ft conveyance of a portion of the public
and there is no reason why it may not be partial
or subject to conditions precedent, as well as unre
stricted and unconditional. When the Legislature
creates a corporation, with power to build a railway
on a street of a city subject to the assent or dissent of
the City Council to such a use of the street, the assent
sf the Councils gives no force to the legislative enact
ment. and the dissent does not destroy it. No legisla
tive power is delegated to the City l'.4llofllS by such an
act. Their interposition is a mere condition attached
to tee grant, a restriction of the franchise. The
right to build the railway is not conferred ab
solutely. but, is ; made dependent upon a
cot tingency. our books are full of cases in
which, grants of power made by the Legislature, the
exercise of which was made dependent upon tee ac
tion of a portion of the people. or the approval or dis
at prove] of some municipal corporation, have been
sustained as legitimate action of the General Assembly.
yea the case of Parker vs. The Commonwealth, 6
Barr. 607, relied upon by the counsel of the defeat ants,
re. ognizes and approves the distinction between a con
di, WO in law, valid under the Constitution, and a dele
stain or transfer by the Leg slature of its functions.
vi about nuilerts king to cite those cases. I refer to two
only, in which the prieciple is clearly enunciated.
In Commonwealth vs. Painter, 10 Barr, 214; an act of
Assembly directing the County Commissioners to
dt termine the exact site for, and to erect public build
:ma In the rew connty town of Delaware county,
If a majority of the voters of the county
sternal vote in favor of the change. was held to be con
stitutions'. And in aioers vs. the City of Reading, 9
Has., las, where it appeared that an act had been
passed empowering the corporate authorities of the
city to subscribe for shares in the capital stock of a
railroad company and requiring them to submit the
q test ion ofsubscription to a porlar election,tbe result
of which should determine th action, Black, C. J„
In delivering the opinion of this Court, used this lan
gunge: -It in argued that this is not an exertion of
legislative power toy the Assembly, but a mete delega
tion oit to the people of Reading. We cannot see it in
that light. Balt the statues on our books ai ein the al
tern at i ve,d epe ding on the discretion ofsome pernon or
persons to Ns bent is confided the duty of determining
whetku.r the proper occasion exists for exercising
them But it cannot be said the exercise of such a
discretion is the making of the law. New privileges
conferred upon a public corporation, need not be ab
solute and peremptory, so far as to force them on the
mem oars against their consent. When individuals, or
corporators, are merely authorized to do a thing, the
doing of it necessarily depends on their own wt.', and
we can see no reason why the acceptance of a new
power, tendered to a public corporation,
may not be made to depend ' on . the will
of the people when it is expressed by them
selves, as well as when It is spoken by the mouths of
tb etr officers and agents." This language. it is true.
was spoken of powers conferred upon a public corpo
ration, but it shows clearly the distinction between
makings law, and a cardinal grant of power. I con
clude then, that the Legislature were
competent to grant to the defendant, a right to
build a railway on certain streets--of this city,
and make the exercise of the right dependent
upon the assent or dissent of the City
Councils, or, in other words, grant a franchise limited
by the condition that the Councils should assent to the
occupation of the streets. But even if this is not so, it
wilhnot help the defendants in this case; for, if their
right to build a railway is, by act of Assembly, made
dependent upon tbdtr obtaining the assent of the City
Councils to its exercise, andathe Legislature had no
constitutional power to grant a franchise thus re
stricted, the act of Assembly is void, and the defend
er is have no right at all to construct a railWaY•
The next question raised by the demurrer, is, whe
ther, under the act or Assembly by which they were
incorporated, the defendants can conereci their rail
vi'sY over and along the streets named in the bill, to
wit: '',By Front or Water stoaet to Walnut street,
thence down Wainnt street to Delaware avenue,
thence along said Delaware 'avenue to Dock
street," without .the assent, of the City Cou
ncils, or whether they are affected by the
n orai
nances of February 28.186 o). whicn ordainedthat
o
person or body corporate shall be allowed ay llo h w ig e h d w tor s a em r a th V e e
the cobble pavement on any of th
City without procuring the assento a f at th (p. L
the Councils
said city. The tenth section of
that
707) enacted that they should be subject to all the oral
colfty.theThfrias,nethhiesne:
cil tb s e of gra th n e t
ordi
nances
a s a c t'
ad th it e ian Cot a in f
against them, the subiection must be regarded
and as the grant is td be construed most aridly
Of which Was a prohloltion against removing cobble
as asubjection to the 'ordinances then existing, one
without first procuring
- .
pavement on any highway
the assent of Councils. The subjection spoken of in
the act extends to all the powers grantetA as well
foram cbnstruction of the railway as for its subse- .
anent use. There is no reason to Mistily us in hold
ing that arty ordinance the City Councils had the.
power to pass is not one of those to which the fran
chise granted to the defendants was Made subset
vie nt by the legislative provision that they should .
be subject to all the ordinances of the said Councils
What authority have I to say that while their con
duct in the use of their road shall be subordinated
to city ordinances, their conduct. in building their
road need not be? The act of Assembly makes no
difference. and no reason for a difference is seen.
The Legislature recognized a paramount authority
in the Councils, and, I think with great nroprietY
'l L is was ruled in this Court on the 31st of March, 1663,
by my brother Woodward. itt a case between the same -
parties, in which it was sought to restrain these de
fendants from removing the cobble pavements on
Lombard and South streets, for the purpose of building
their railway. In that case be ruled that the set un
der which they were incorporated (the same act I am
now considering) did not authorize the defendant to
construct a railway on those streets without 'the
consent of tbe City Councils. I concur with his opin
ion. It is true that after decision was made, the de
fendants obtained a Supplementary Act of Assem
bly (the Supplement of April 14, 1863). by which
they were empowered to extend their railway from
the intersection of Front and Lombard streets, along
said Front to Dock street, and along said Dock
street, to Delaware avenne, and they were an
thorized to construct and lay the said railway, with
out obtaining the consent of the City Councils.
This very supplement fortifies the construction I
have given to the original act of 1861, for if under that'
act the consent of the City Councils was not a prere
quisite, the last mentioned provision of the supple- •
ment was superfluous.
But the supplement covered nothing more than the
railway then authorized. It was the railway as de
scribed in the first act, and its supplement, that the' •
defendants were authorized to construct without;
obtaining the consent of the City Councils. It
was that alone, Being a private corporation, the Act
of Assembly is not to be held as giving them any
more power than plainly appears in the words of
the grant. As to the streets and parts of streets
which it was contemplated the defeadants- might -
occupy in the construction of their railway, then in
view of the Legislature, consent of the Councils to
the occupation and to the removal of the pavements
became no longer necessary. So far the coin- •
pony was relieved from subjection to the ordinance. ,
of February 28, 1860. On the 18th day of May,
1865, however, the defendants obtained a further stip.
plementary act, by which tney were authorized
to extena their railway track north. by Fronton Water
street; to Walnut street, thence down said Walnut
street to Delaware avenue, thence al ngeald Delaware
avenue to Dock sreet. This is a new extension, along
other streets and parts of streets, not In the
view of the Legislature when the supplement
of 1363 was enacted. It is not the railway
spoken of in the supplement of 1863. To its construe
lion and use, I think, the provision of the first act,
making the Company subject to std the ordi
nances of the City Councils, applies. The act of'
1861 did not repeal the tenth section of the act of
1861. It only excepted. partially, from the ope
ration of that section the railway as then
authorized. lam of opinion, therefore, that the de
fendants have no right to remove the pavements, and
construct a railway on the nsw route described in the
act of 1865. without first obtaining the consent of the
City Councils And, if this is correct, the city of Phi
ladzlphia, being the legal custodiarrnf the streets
which the defendants propose to invade by their ex
tension, has ext ibited,in its bill a right to the restrain
ing power of this court.
Here I might conclude. This in fact disposes of all
the reasons assigned In support of the demurrer, and
conducts me to the conclusion that they are without
foundation. The bill does present a case tor an In
junction a; ainst the proposed use of those parts of
Front. Water, and Walnut streets, ~ .and Delaware
avenue, defined in the supplement of 1865 as the route
of the new extension.
There is. however, another consideration which is
total to the demurrer, though applicable to Delaware
avenue alone.
The bill charges that Delaware avenue. from Dock
to Walnut, is not a highway over and on which the
Commonwealth has any power to grant any fran
chise. except on making cOm , ,ensation to the city of
Philadelphia. as trustees under the will of Stephen.
Girard. and also to make compensanon to the other
complainants, who have aided the city by agree
ments and otherwise in accomplishing the objects
enumerated in said will (some of which agreements
a, e set out) and that Delaware avenue is not a hign
way made so by due process of law, or by a plenary '
dedication of the owners of landed estate. The de
murrer admits all the averments of fact contained
in the bill though I agree It does not admit mere
inferences of law. It is argued that the facts thus
charged are averred as legal infe encea from other
facts. Specilicalty stated, 1 do not think so. They are
averred directly and positively, and' while it is true
that reasons are given fur the averments, and that
those reasons consist of other facts. those facts are
stated as evidence only in support of the main aver
ments. And looking at them. without relying upon
what is urged to be only a legal deduction
from therm I am of opinion that they show rights In
the complainants superior to any constitutional
power of the Legislature to grant any private corpora
tion the privilege of making a railway upon Delaware
avenue without prow:ding for compensation to the
city of Philadelphia, as a trustee under tiirard's
will, and compensation to the other complainants,
who have made conveyances or agreements ex
pressly to subserve the purposes of the trust. Dela
wale avenue is not such a highway as is under the
unlimited control of the rommonwealth. the mode or
use of which can be regulated by the Legislature at
its pleasure' e public right is very peculiar, and
there is nothing in the bit to diminish the force and
effect of the averment that the avenue it not a high
way that the Legislature can appropriate, or grant
the use of to a railroad corporation. without providing
for compensation to the complainants as owners of
private property.
I scull not now spend time to consider the question
whether, under 1),1.r. Girard's will. bequeathing f 300,000
thine Commonsfealth on the conditions described
therein, one of which was that laws should be enacted
enabie the making of the avenue, the removal of
obstructions, and the prohibition of obstructions east
ward thereof, coupled with the acceptance of the le
gacy, a contract was proffered and concluded, by which
theContmonwealth was disabled from authorizing a
railroad on the avenue even upon making compensa
tion. This is a grave question and the present case
does not demand an answer to it. It is enough that the
trustees under the will, and the grantors to the trustees
for the purposes defined in the will, have net so de
voted it to public me. as a public highway, that it can
be used for a railroad. without their assent, and with
out compensation made to them.
The demurrer of the defendants is, therefore, over
ruled, and a perpetual injunction to the defendants
will be decreed against extending their railway along
Front or Water street to Walnut street, and down
Walnut to Delaware avenue, without first procuring
the assent of the City Councils of Philadelphia; and a
perpetual injunction will be decreed against construct
mg a railway along Delaware avenue from Walnut to
Dock streets, or on any part thereof,
Sales at Philadel
ETA T AFTER
$lO.O Lf , hib Nav 6s 'B4 ST
4t44 1 Elm irs
ssh Lehigb Nav 52 . : 1 ; 119 sh Cara .k. Am b 5 116
1 , 0
2sh Ocean Oil 1 , 30 I ,l i 1000 sh Maple Shade S 3
'2OO sh do cash 11 1000 sh do WO 31-16
110 sh Phil & Erie 530 29 1 , 100 sh Hestonv'e RWO 33 1 .4
000 sh do s 5 29!s 20 0 sh Reading lit . 49
110 F h Catawiaß pf (010313 i 2 6 0 sh do s3O 49
2r.0 sh do b 5 313,i1200 sh do s 5 49
60 sh do slOwn 3136'21x1 sh do 2ds 49
2,0 sh do b3O V. 1 1100 sh do b 5 49
100:(0 do tile 317 i.
SECOND BOARD.
2O r s5-I.Vs '62 103`.i IWO sh MeElheny Oil I
MI eh Beading R 830 49 ,MO sh do .! 1 .1
1000 sh McClintock .94109 sh Catawa pr` :113i
13 sh Lehigh Val 6r 100 ah N V &Middle 5
100 , h Phil & 'Erie ha) 29i i
CARD.
HAVE NOW OPEN MY OWN IMPORTATIOR
OF
LACE CURTAINS,
CONSISTING OF
Tambour Curtains,
Application Curtains,
Floss Cartains,
Nottingham Curtains;
baubt:(6ivolipsq
England, Prance and Switzerland;
Personally,
Expressly for Retail Sales.
N any patteanz of which are now introduced in thin
country for the first time, all of which I offer, until
farther notice, at
20 Per Cent Lena than Regular Priceel
I. E. WALRAYEN,
MASONIC HALL,
710 Chestnut 'Street;
WißOPS—Growth Oise& Alas reoetved_ IttOro
nd or gabs WILTJAM B. GRANT,
us • ontb D glow° MIMI".
tua , ,ta ALMERIA GRAPHS—In prime ord
W
landlne from bark La Plata. and !tor sale
JOB. B. BurailMr. & 00 .. iOBB. Delaware avant&
WIS AND LEMONS.--13Ielly Oranges and
OBeremons, In yrinae order,. far sale by 308. 1.
RETBenria di co.d.oa seuthDelaweze avenue, • .
hitt Stock Board.
FURST BOARD,
100 sh Seb Nav
25 sh Peuna R
Leno Curtains,