Daily evening bulletin., October 11, 1866, Image 1

HBSQN PEACOCK. Editor, i
VOLUME XX.—NO. 160.
EVENING BULLETIN.
fXWJSHKD EVERY\EVKNING,
• , (Bnnday’a excepted,)
JJ* TB® BEW BUIXETTK BCIIBISB,
•87 Chestnut Street, Philadelphia
■ - - ' 'BY THB • '
"Ifwilng Bulletin Association." .
Ernest o, Wallace
JiSkISTSSSSI 0 "* THOS. J. WILLIAMSON
OASPhB BORDER, Jr., 'FRANCIS WELLS.
Tht BTTLZJKZN iff served to subscribers In the city it
t cents vtr week; payable to.the carriers,or $8 oo per
ftminm, . . -
_ AIAAKKED.
FIELD,-On the icthln*t.. by theßsv.
w. W Avans, H. H. Harper to Emma. Field, all of
Williamsport, pa. •
VINTON—LO DOR.—Oh the 11th inst., at the Church
of *he Epiphany, fey the Rev. Richard Newton l), d.,
Edward al, Vinton to 8. Louisa Lodor, all of this city.*
BIEO.
BAXTER.—On Tuesday evening, the 9th inst. Isaac
B. Baxter, Sr., in thesist year of hlsage.
The relatives, frienas of the family, and the mem
“?*rs^ of Horticultural society, are respectfully la
sted to.attend bis fur eral, from his late residence,N.
s*'i r or* ier of Fifth and Washington aveaue, on Satur
day afternoon next, at 2 o’clock. To proceed to Ron
[NewVork paper, please copy.J«*
k,® Ot S V° n . the evening of tie Bth lnst.,at Parkers
burg W Ta, in tbe 2Htr year of his age, Charles
Benry Boone, son of the late Judge W. F. Boone. , -
»^SSX Dne ?/!?-i? OI JL t %s e ®W ei i ce ° r his uncle Charles
t. Bayes, 149 North Fifteenth street, on Friday after-
Interment at St. John's Church
Thirteenthstreet. • «
CAMPBELL,—On Oct. loth, Mrs. Mary Campbell,
eldest daughter < f the late Conrad and Mary Work not.
7? I ®, relatives friends of the family are respect
fully Invited to attend the funeral, from the residence
of her brother-in-law, Wm Belffricht, 240 South Front
Btreet. on Saturday, the 13:h Inst., at I o’clock. P.M. **
FOX.—On w edneßday. the 10th inst, Charles P. Fox.
Ip tbe 75th year of his age. • >
HAPPEBSETT.-On the 2d Instant, a". San
cisco, after a.short illness, Bev. Reese Happersett,
X> I)., formerly of this city, In the 57th year of ms age.*
SMITH-On the 9th lust., Smith, in the
37th year of his age.
ahe relatives and friend" of the family are respect*
zuliy invited to attend tbe fimeral, from his late resi
dence, 620 Sonth Sixteenth street, on Sunday, the 14th
inst, at 2 o’clock, P.M. To proceed to Moans Vernon
Cemetery. *•*
WEAVER.—On the 9th Inst., Catharine, relict of
George; Weaver, in the 87th year of her age. *
EYBE A LaNDELL imported fob fall
"SATittß,
St. Bernard Woolen Cloakings.
Dagmar Woolen Shawls, Mosaic Woolen Shawls.
SplandidPlain Silks.
Magnificent Plaid Poplins. __
SPECIAL NOTICES.
JOHN B. GOUGH,
AT THE
AMERICAN ACADEMY OF MUSIC
TO-NIGHT.
Tickets at ASHIiSAD & EVANS 7 Book Store
and at the Door of the Academy. Doers open at 7.
Lecture commences at 8 o’clock. it
SCIENnriC COUBSfi.
LIFATETTE COLLEGE.
In addition to the general Course of Instruction in
this Department, designed to lay a substantial basis of
knowledge and-scholarly culture, students can pursue
those branches which are essentially practical and
technical, viz.: ENGINEERING, Civil, Topograpical
and Mechanical: MINING and METALLURGY;
ARCHITECTURE, and the application of Chemistry
to AGRICULTURE and the A RTS. .There is also ai
fbrdefl anopportunity for special study of TRADE and
COMHEBQETof MODERN L ANQUAGESand PBIL
OLOGY; and of the HISTORY and INSTITUTIONS
of our own Circulars appiyto President
CATTELL, or to Prof. 8.8. > OuNGMAN,
Easton, Pa. April 4,1866. Clerk of the Facnliy.
my-3-6m02 " •
PHILADELPHIA
BBE WEBS’ ASSOCIATION,
Office, No 30 South SiXTH Street,
Tour attention is called to the Philadelphia Brewers'
Association, Which is now in operation, and brewing,
since July 16th, \
ALE, POBTEB AND BROWN STOUT,
The quality of which is not excelled by that- of anj
other Brewery in the VnUed States; the best mau.rinls
only are used. and best attention given to meet the wants
of the consumer.
The Association is incorporated by Act of the Legis
lature, and being upon the mutual benefit plan, each
Stockholder becomes part owner of the Brewery Fix
tures, etc. and so secured from any risk of loss, while
the price of shares being almost nominal, and not sub
ject to any additional assessment, the benefit derived is
immense.
The stockholders receive their Ale, etc., at cost, so
that they save nearly one-third of the price now being
paid, and besides this saving, the profit upon sale
mude to others, who are not stockholders, and to
whom full price is charged, will be divided among tbe
Stockholders semi-annually; this dividend alone, oe
yend doubt, will make it a desirable and profitable in
vestment. 5 ,
To secure these advantages the trade shouldvsub
scribe at ouce; as tbe amount of Stock is limited, and
will be sold to none but dealers.
Jo* Full particulars given and samples shown at the
Office of the Brewery, 30 South SIXTH Street.
-v.THOM.AB J. MABTIN, President
Dennis F. liealy, Secretary. oco rptf
OF THE FRANKLIN FIRE IN
hURANCE COMPANY, Philadelphia,
Oupber H. 186*.
At a meeting of the Stockholders, held pursuant to
charter, on Monday, October .1, 1366, the following
named gentlemen were elected to serve as Directors
for tne ensuing y ear:
Chas. N- Bancker,
Tobias Wagner,
Samuel Grant;
Geo. w. Richards,
Isaac Lea.
.• ADdata meeting of the!
MoLdsy,Octobers, 1866, OJ
Jssq., was re-elected Pres
"DALE, Eeq„ Vice Preside!
OCll-3ts ' J W. Me/
Edward C Bale,
Geo. Bales,
Alfred Filler.
Eras. W. Lewis. BL D.,
Peter Blc'Jall.
Board of Directors lield on
3HABLKS K. BANCKER,
•sidect, and EDWARD C.
mt.
GENUINE EAGLE VEIN COAL, AND NO
DECEPTION.—Nothing inferior purchased to
offer below the cost price of a superior article, ; Con
sumers in want of the very be-tc&al in the market
should call on SAMUEL W, HEiS and mate their
purcheses. All who patronize him can reiy upon
getting a splei did article, (every pound they buy,) and
prepared in the beat possible manner. Egg and btove
sizea,s7 50;.Nut, fe 50 per ton; also, pure Spring
tain, Lehigh, at lowest market prices. Orders respect
fully so)iclted and promptly attended to, either at
Depot, BROAD streeti above RACE east side, or at.
Office, 524 ABQH street. - • se27-th,s,tu!2trp
AS THE SEASON HAS NOW ARRIVED
IhSr when prudent Housekeepers supply themselves
with FUEL tor the fell and winter, we deem, it approroa
speak Of the family GOAL YARD of Mr. H. r.
HUTCHINS Southeast corner of NINTH and GI-
RaBD avenue. At tbia favorite stand all the most
approved varieties of Lehigh and Schuylkill Coar in
•cludlng the Eagle Vein, Honeybrook, Broad Mountain;
-&c.,may be hao by tbe single ten or cargo, at the
lowest market rates. Housekeepers, .make a note of
: -- - se27 th3,tui2trp
NATIONAL BANK OF THE REPUBLIC,
Ibjiy 80& aud an CHESTNUT street, October 9, 1866.
°£Bapt are hereby notified
H l ® Capital Stock wlti be increased to J500.00U by
subscriptions, payable on or before the 25th inst
A numberof unallotted shares still remain to bedti
Poaed of. applicatlon for which will be received from
Stockholders and others.
oclb-12t3 W H . RHAWN, President. ’
OFFICE HONEY BROOK COAL < OMPANY
209 WALNUT Street, Philadelphia, Oct. io)
The Beard of Directors this day declared a
DEND of THREE PER of State Tax
jpayable on aud alter 23d Inst, , ’
Transfer Books will be closed until that date.
„ S. Mca*NP.Y,
ocll-st* ... . Secretary, .
NOTICE. —CAMDEN AND ATLANTIO
BALLROAD.—The annual election for Thir
teen Directors of the Camdeaand Atlantic Railroad
<CompaDy. to serve for the: ensuing year, will beheld
at tbe office of tbe Company, Coopers Point. Camden;
JS, J/, on THURBDAY, tfie ZSthtinat.,■ between the
hours of 11 a. M. and IP. M.
ocllt2sg H. WHITEMAN, Secretary, '
RETROUVEY’S
THE MOST EFtfJCtTPITAT,, BEAUTIFUL, AND
HIGHLY PERFUMED PREPARATION EX
TANT. - . Jy2B-s,tu,th-tf rpg
fr-S* HOWARD HOSPITAL, Nosr 1518 and 1620
t*i£r Lombard street, Dispensary Department. Medi
cal treatment and medicines furnished gratuitously
to the poor. ; ; - ,
Stealing Demijohns.— Some-thieves in
Boston have recently been devoting their
-energies' 1 to the obtaining of demijohns on
false pretences. They call at the residences
.and stores of different individuals, repre
senting that a person known to the parties
in the house had got a nice lot of liquor,and
would -send them some if they would fur
nish the b.earer with demijohns.
J 0 ai 1% €i) eiixufl Iklktiit
jISTEB, Sec’y pro tem
TTATRTOmO.
ANDREW JOHNSON’S POLICY PLOT
NEW RESISTANCE TO CONGRESS.
It is to be Declared Unconstitutional.
A New Congress to be Assembled.
LCoireepondence of the Public Lodger.]
Washington, Oct, 10.—The President
has just sent in to the Attorney-General the
following questions, and requested that a
response to them be retnrned in writing :
gg-Pirst—ls the present Congress, composed
' of members from the Northern States alone,
such a Congress as the Constitution re
quires, or is it an illegal and- unconstitu
tional assemblage ?
Second —Would existing-circumstances
justify the .President insending his next
annual message to an illegal ami unconsti
tutional assemblage, pretending to be the
Congress of the United States?
Third —Does that clause in section fifth of
■ the first article of the Constitution, which
makes each House the judge of theelections,
returns and qualifications of its own mem
bers, give to the present Congress the right
to exclude the members from ten States, or
toimpose dishonorable and unconstitutional
1 terms upon their admission?
JPourth— Does the President’s oath of office
require him to enforce those provisions of
; the Constitution which gives to each State
;an equal right of representation in Con
igress? [Artiole Ist, section 2d, section 3d,
; article fifth, last clause.]
' Fifth —What steps does the Constitution
and his oath of office require' the President
to take in order to secure the-assemblage of
a Constitutional Congress? -
Upon the reply that may be made by the
Attorney General to tbe above, the Presi
dent, there is reason to believe, has deter
mined to take bis stand. The questions pnt
to the Attorney are all the more important
when taken in connection with - the bold ut
terances of the President at the JPilth Ave
nue Hotel, declaring that the “present” was
only “an assumed Congress and” “not the
Congress the Constitution called for,” and
also in connection with similar declarations,
though less pointed, that fell from his lips
prior to his.retorn to the Capital.
From these utterances it is clear the Exe
tive had folly made,Hp his own mind that
the Thirty-ninth Congresa-waa not a legal
body. He now asks the opinion of the At
torney-General upon the grave and deeply
momentous subject, and when it is given he
will govern himself accordingly.
It is not difficult to foreshadow what the
response of Mr. Stanbgrry will be, and that
he will chime in fully with the opinions of
the Executive as already expressed, there
seems to be no doubt. -
Communicated.
Savannah, Ga., October 4th, i866.-rCSzp
tain Jennings, of-Steamship' 'Tonawanda,
Dear Sib : Theunderaignea, passengers
on the steamship Tonawanda, on her re
cent voyage from Philadelphia to this port,
take this method of acknowledging vour
uniform courtesy and kindness to us," and
to all under your charge, as well as that of
your efficient and obliging associates in
.office; and while we acknowledge with de
vout gratitude the preserving care of Al
mighty God during the series of severe
gales that attended our voyage, almost
from port to port, we feel that
we owe our safety and the prosper
ous termination of our trip, in no small de
gree to the skill, caution and unfailing
watchfulness of yourself and those under
your command. It .also gives us great
pleasure to recommend the steamer under
your charge to all desiring speed and safety
in traveling between Savannah and Phila
delphia.
Very respectfu
S S. Fudge.
Fam ie R. Fudge,
E.H. McKenzie,
Moria Reppard,
Mary Conaway.
Mary Ann Quinn,
J. UcConagby,
W. R. Tomb, .
Wm. Conaway,
John G. Reitz,
Mrs. M. Page Buffum,
A 1 thur Schley,
B Graetfe. -
Cazmilus Nathans,
Wnt. Meadowcroft,
Gonglf on “Curiosity’"—An Interesting
Episode.
• Last evening the Academy was filled with
a very fashionable audience, gathered to
listen to Mr. John B. Gough’s new lecture
on “Curiosity.” The discourse was able
and characteristic, the speaker "warming
up” soon after his introduction by Mr. Peter
B. Simons, and giving mingled philosophy
and story-telling with all his usual fervor
and graphic powers Ini(speaking of phy
siognomy, in the course of his address, Mr.
-Goughsaid: / .
“If the people of the United States had
studied physiognomy a little closer, when
they nominated a certain Individual for the
second highest office in the 'gift of J the na- :
Mon, they would have been spared the recent
disgrace—” ;
Here the'entire audience broke forth into,
the heartiest applause, which was continued
for several minutes, Mr. Gough went on:
“Would have been spared the disgrace
of seeing the President of the United States
on an electioneering tour, “swinging round
the circle.’ ”
Here the applause broke forth louder than
before, and there were distinct'hisses from
two individuals in different parts of the
house. As the audience quieted down, the
hisses seemed to surprise everybody but
Mr. Gough, who said, in reference to tho
sibilation:
“That’s all right. Everybody has their
Sympathisers. [Applause.] My policy is
always* without introducing politics, to say
what I think, and I always intend to do it.’’
Here., thdre was renewed applause, and
the lecturer proceeded and closed. To-night
he lectures on “Eloquence and Orators.”
Stjp ersxition. — At the. Lewes petty ses
sions, in England, a few days.ago, a laborer
was charged with stealing five turnips
value 2d. He did hot deny taking the tur
nips, but gave the following extraordinary
reason for doing so: vHe had a child who
was a cripple, and a person told him if he
got five turnips, not his: own, and rubbed
the child’s back with them, and threw them
away without saying anything to anybody,
it Would cure the child. He had turnips of
hie own, but was told they would not an
swer the purpose.
lly yours,
Jdn JohnG,Betiz,
Miss Minnie Hunter,
W.Cerawn.
Sarah Meadowcroft,
Matilda Hull, .
Martha Lowe,
Charlotte Wilson,
Fannie Wall,
i Mrs. McConagbv,
W. M. Lewis,
Maria Graeffe.
Edgar F. Hastings,
L. H. Levett. -
Miss Jane Welsh,
PHILADELPHIA, THURSDAY,,OCTOBER 11,1866 J
TBE SUNDAY LA.W.
GABS NOT TO BE RUN
ON SUNDAY.
THE ACT OF 1794 TO BE
. ENFORCED.
OPINION BY JUSTICE STRONG.
Elaborate : Discussion of the Sun
day Question, ,
An Injunction Granted to Restrain the
Cars from Running.
Nisi Phius— Justice Strong.—Sparhawk
et al. vs. The Union Passenger Railway
: Company, and Kentin vs. The Union Pas
senger Railway.
This morning the following opinion was
j delivered by the Court:
i Strong J.—Some of the comi l&inants la the first of
these bills are xnembm of different churches. and
pewbolders in churchaoildings, situate on the line ot
. the defendants 1 passenger railway In the city of Phila
delphia. Others are resident In, and owners of dwell
■ ing houses, also situate on the line of the said railway.
They complain that the defendants, a corporation
chartered under the laws ot the Commonwealth, have
j engaged in the business of running cars along and
• over their railway, with horse power and carrying
passengers for hire, on the first day of th« week, com
monly called Sunday, In violation of the laws of the
' t ommonwealth; and that they intend to continue the
■ said business of running cars on the next Sunday and
j every Sunday hereafter. These acts of tae'defendaots
: are charged in tbebill to be not only unlawfully also
i prejudicial to the complainants, 6ccau«eyy are
• thereby deprived ef their right to eojoy the Sabbath as
« a day of re»t and religious exercise, free from al I dis
turbance by-unnecessary and unauthorized worldly
; employment; became they have been, are, and will be -
thereby prevented from engaging peaceably and with
out interruption tn the worship or Almighty God. in
\ thtir act ustomed places of public' worship, or In. their ~
;own residences on the Sabbath day; because the lawful
pi ace and quiet of the said, day Is thereby disturbed
iand broken; and becmiw-their rights of property In
ibeir said churches, or places of public worship, and in
their private residence# are. and,wlll cqntlnutto bain
fringedupon. and their said churches and residences
deteriorated In value. ; T hey therefore prav for an in
junction, to restrain thedeiendantsfrom continuing to
run their cazs hereafter oyer their railway on Sun
days. And they sow submit affidavits and proof*,
and movefbra special injunction to continue until fi
nal hearing.
: The complainant ln.the other bill is a stockholder in
the "Union Passenger Railway Company. His bill
charges a simtiar violation of law by the defendants’,
and its threatened continuance. It charges, in addi
tion. that the defendants have contracted with tne
KJniLedStaies Government, or with some of the exec
utive departments or officers tbeieof, to carry tne
snails lor the United States la and through the city of
Phlladelpfeiaron and over thustreets or some of them,
and that, in pursuance of said contract, they are car-
g leg the said mails. The bill further charges that
ey nave no lawfhl antborlty to enterJnto or carry out
such a contract, and that by reason of such unlawful
acts, the . charter oj the company Is Imperiled, and the
ci xnplalnant is In danger or lesing the value of his
stcck, and being otherwise injured. He therefore asks
an injunction similar to that prayed for by the com
plainants in theArst bUl;ai>d also an injunction agonst
AnyAgifltt mfr&m cgnttart entered into by the do
'fondants to carry the mail. la this case also thereis a
motion for a preliminary Injunction.
: In Eupoortof these motions a great number of affi
davits nave been submitted, and a very Urge nrnnoer
bave likewise been presented on behalf of tne defend
ants Muchtiat the affiants haveswornto has no
bearing upon the real questions involved in the mo
tions. But U is certainly est&bli bed that the complain
ants in the first bill are freeholders and worshipers In
difffrent churches along the line of the defendants’
railway, or residents and owners of dwelling houses
situate on said-line, and that the defendants areen
gated In run nine their cars over and along thesaiq
railway on the llrst day of the week, called .Sunday,
and that they propose to continue so running their
cats hereafter on Sundays. So lar the facts are clear.
1 bey are not even disputed.
«The tac saverred in the second bill are also fnllv
made out by theprooft, and they are not contradicted’.
Jn-coDsldapg whether Injunctions ou<bt to be
Granted, tbeVsi question to bemetis whether the acts
Of the defendants complained of and proved, are con
trary to law. In regard to this I have nsdlfficuly.
The act of running cars over a passenger railway on
ihe ft’st d»y of the week, commonly called Sunday,
and running them, as it is shown the defendants have
done, and as they p.opose hereafter to do, is the per
formance on that day of what is their ordinarv * ordly
?mp'oyjrent, cr business. 'll Is the same business as
that iu which they are engaged on all other days, con
ducted in lb* same manner, namely, for hire, and fo?
the same objtct, which is gain, in view of the whole
comae of our statutoi y enactments,and of the decisions
of ibis court, 1 do not see how it can be doubted that
:t is a palpable violation ol law.
Christianity is a part of the common law of this
Stale. Id saying this, l utter no new doctrine? It wai
part of the common law of Englandlong before this
Slate was settled. There is a multitude of decisions to
this effect to be found In the books, and It has been de
cided m England thatitwasAD indictable offence at
common law to write or speak of Christianity coo
ternptuously and maliciously. The old common law
of England is a part of tne common law of this State.
Our fathers brought it with them when they settled
ibf- wilderness and founded this new Commonwealth.
And there is abundant evidence that the purpose of
William Feun.and those who came under his auspices,
was to fouud a Christian State. While the amplest
ptovision* were made to secure liberty of conscience
and exemption from molestation for religious persua
sion or practice in matters of faith aad worship, there
was the most unmistakable recognition of Christianity
as a part of the law, both in ‘The laws agreed upon in 1
England.’-* on the sth of hi ay, its*, declared to be for
ever fundamentai In the government of the province,
and in the “Clisrterof Privileges” granted by William
Penn to the Inhabitants of Pennsylvania, and declared
to be unalterable by any Jaw or ordinance, without tho
consent ot the Governor and slx-nevenths of the as
sembly met. Equally did the “Great Law,” enacted
.at Chester,on the 7th of December, 1682. proceed upon
the basis that Christianity was a part of the funda
mental law of the land. 1 do not propose to go over
the argument. No one has ever yet been able to raise
a respectable doubt, that this part of tho common law'
of Engtand belongs inseparably to the institutions of
i-tbis State. And even if there could have bsen: doubt,
the decisions of this Court have set the matter to rest.
In t T pdegralTva~. The Commonwealth ll S. and R,, 394,
it was solemnly decided that christlarity Is a part o*'
our common law. In that decision all the Judges of
this Court concurred. The? were eminent Judge*,
Tilghman Gibson and Duncan, men whose opinions
to this day ermmand universal respect, and they for
tified tbeir Judgmentby an nnamwerable argument.
But if chrls Unity is a partof thecommonlaw.lt
carries with it a civil obligation to abstain oh the
Lord’s day from all worldly labor and business
except .-works of necessity aud-mercy. Christianity
without a Sabbath would be no Christianity. Hence
even In England, cessation of labor and business
on Sunday, web early recognized, by the common,
law as obligatory, to ascertain extent. -It is im
material no\v to what extent. But William Penn
and the early, settlers of this Commonwealth have left
us no equivocal restin? ony of the extent to which they
regarded tbe observance of ihe Sabbath as obligatory.
The laws agreed upon in England,- to which I nave re
ferred, ordained that every hratday of the week,called
the Lord's Day, people should abstain from their com
mon daily labor And tbe “Great Law” of December
• 7ih,1652. in Us first enactment, repeated-substantially
the injunction.,- .
Tbe*e!aws, in my opinion, were declaratory of what
the common law r was, as Introduced iritothis State,and
the subsequent statutes enacted in 170 V KO5, 1760; 178 S
and in 179-1 were all in aid of the common law'. They
tail enjoined cessation from worldly basiness on the
'first day of the week. Their avowed purpose was to
prevent vice and Immorality, and as It was sometimes
asserted, to protect the inhabitants of the province and
Btate in the undisturbed worafcJp of God, according to
the dictates.of.iheir own,consciences;;, »--y ' *•
. The casesl have before me,-however, do not demand
maintenance of the jpositionthat the acts of the dsfen*_
dents. of Which the bills complain,'are in' violation of -
tbe common law. The statute of 1794 is still in force.
It Imposes a penalty npom any person who shall do or
perform any worldly employment, or.business' what
soever on the Lora’s Day, commonly called Sunday,
-works of necessity and charity only excepted. .There
is,; however, a; proviso, taking out of the operation of
tho act certain descriptions of business, or work, no
; one of which is the work in which the defendants are
.engaged. I need not spend tlfno to prove that when a
statute Imposes a penalty for doing an act, it impliedly
prohibits tne act, makes it Illegal., If, therefore, per
forgoing worldly businesfon Suhday were not against
common law, this Actof-Asaembly mahea it unlawful
in all but the excepted cases. Ana the work la which
the defendants arerengaged, .which, they ..propose to
continue, is not 'embraced in-any of the exceptions.
. A large part of tbe argument before mein opposition
to these motions was directed to eho w.i f possible, th at
running passenger railways tn this city;
on Sunday, is a work of necessity, and therefore .not
in violation of the common law, ahdiiot prohibited by -
the act> of 1794. . . was baaod;apon
numerous vaffidavlts u/afflrminif. : that, in": the
.opinion oCtbe affiants, running cars thus is necessary
ti> enable. persona residing at a distance from
OUR TVHOIiE COUNTRY.
ctitarcbes ast also the aged and infirm to go to aud and t
leturn from ibersaces wberethey are\accustomed *o I
\%trsbip; that it is necessary to accommodate pbysl
- iacs i» maku g professional vißits; that it is necesi>ary 1
>o afford facilllus for family .and social visiting; and
‘bath!/* also necessary iotfhe health andcotttfortoftbe
®or. enabling them to obtain recreation and achange
of eir.bj chi epenirg the means of conveyance to the
j urai districts. Of all these It. may be said that, at most,
they are cohvenJenreß fdr 1 othexa' Bnd not n» ees*ities
of the defendants,'wiihin the meahing of the- Act ot
Assen bly. forme.called as/am, t> admi
ulster tho law as It is, rsth«T lhan as the diflndants
to be. fp decide that what !
amounfs to a necessity. Th-e Le
giilature has not exemrued from the prohibition acta
which may conduce to the convenience, or contr!b-ite
of iodiv.dual9, or evr*n largo
portions of thd t emple.’ It mOTt be presumed they*
whßt inconveniences would follow ai pro
laboron the Xord’sday. In vtew
of them, as well as of the evils ff' wing from theab
efftn e Q 0 /F a iJS Oh Si lI ? D ot wch labor, they enacted the
object Was to protect
the community f gainst vice and immorality. Thss
i?hn* n^t? p K e<l i to<io declaring illegal all worldly
5“ bor and business, except works of necessity and
they did not overlook public.and indl
yldual convenience. In the proviso of the act'they
ceejared how for worldly labor might, be done, not
contributing to the necessl-
T he enumeration in the proviso of
things allowed to be done-shows what wag intended by
or^ca necessity from the prohibitory
hot meant by the act to forbid work
might oe a convenience ©r even a necessity la
some sent eto other* than the laborer, the proviso Is
18 Pfoln, however, that whea
they excepted works of necessity they meant works of
to him'who does them, and not to others, if
this is not to, the act is without any force. There Is
'«yutile, if aey, worldly business that does not sub
: serve fhecoavenienceand even tbe necessiti es of some
, pan of the community. Food, clothes, shelter ana
?turnunie are- undoubted necessities. Bat may the
: agriculturist juattly prosecuting his ordinary worldly
ipusiiiwsoo faundaysby the plea that he Is the.eby
furnishing food for the hungry?* Hay tbe cotton mills,
woolen mills, and clothing estab lahmenta of' the
: country be driven, as usual, aud without cessation
•on the Lord’s day, bfcause tcey are tlrus con
t* to provide clothing for those who need
it. is tne business of the carpenter or cabinet
maker to move on through the seven days of the
week, uninterruptedly ana according to law, because
otters xuay need houses or fUnitore f Hay tha che
mist keep his laboratory in full operatlon'on Sunday
.because medicines are necessaries? All these oues
tions.and a multitude ot others oCa similar character
must be'Antwered tn the affirmative, if running rail
way cam on Sunday, on city passenger railways Is a
wcrk;ef necessity within the meaning of the exception
ip the ret of 1794. It may be doubled whether keeping
theatres and places of public-amusement open ou
Sundays might not be justified by ihesame liueof ar
gument. hlai y m.ght oe found,doubtless, who would
affirm on oath, that theatrical representations "are
conducive to mental aud bodily health, and that such
recreation as they, afford is a necessity. > uch a con
struction of tbe statute would make it but an empty
sound. It woold be losing sight entirely ef the objects
a* ugbt to be Be cured, the observance of a day of rest
for tbe commonUy, thereby enabling every one to
worship God according to tbe dictates of his con
cclence, without distraction, and without disturbance
and thus giving a check to vice and immortality. 'A
construction that leads to such an absurdity must-be
t rroneoua. There la no other possible interpretation,
which gives to the set any operation, but that which
holds the works of necessity spoken of te be such as
are necessity to the actor. When the thing to be de
termined Is whether worldly business done by any
man, and not described In the proviso,is exempt from
the prohibition because a work of necessity, the ques
tion must always be-is it necessary to him who does
it. The defendant* do not claim that running their
cars for hire en Sunday is a charity, nor even that it
is necessary for them. All they assen is that It is a
convenience, or a necessity for 'others. I think the
act docs not allow them to shelter themselves under
others.
• Moreover the question is not an open one. It has
been settled by the solemn decision ofih scourt, John
son vs The Commonwealth 9 Harris 102 determined
that nmnlrgan omnibus in aclty dally and every day
faworldlyemployment,and notawork of necessity,
or charity, within tbe meaning of the act of U 94. and
thereforaanlawftti os Sunday. Thi* case is directly
in point, and, though decided b? a divided court, it it
the law of the commonwealth from which I am not
at liberty to depart, even if I doubted the correctness
of 1 he dtclsion, which I do not. The opinion waa de
livered by the present Chief Jm tice of thls court, and
ip u he folly met and answer*d the argumeat. now
reproduced, that running a pibUc conveyance on Sun
day Is a work of necessity, judges Lowrle and Knox:
concurred wUbhtm, NooneoftheßeJudse* has ever
departed from tbegroond taken in that ca«p. And in
CiiAxnonwealthYa. Jeandell 2 Grant my brother
Thompson, another judge of this Court, as nonneed, io
substance, the same doctrine. He declared that driv.
ingapublicconveyancefarblreis doing worldly em
ployment within the provisions of the act of 1791 be
youddoubL His wboie opinion is an assertion that
running cars on chy passenger railways on Sundays,
Is contrary to law. It is then, beyond esmroversy,
that the conduct of these defendants, which the com
plainanisseek t o. restraints a pal p&ble violation of tha
laws of the Commonwealth And I cannot doubt that
it has been so considered by tbe defendants them
selves. Their conduct in seeking protection under a
contract to carry the malls, before they began to run
cars on Sunday.shows that such was their opinion. I
have then before tne a cv”T>o ration, a creature of law,
to which the Commonwealth bas granted vtry Urge
privileges, at the expense of the public, palpably and
persistently defying the laws of the State which gave
it being. To me the slanguage or the acr of June 16,
1536. itaacisare contrary to law and prejudicial to the
interests of the community.
I comenest to the question whether these complain
acts have'shown themselves entitled to ask for tre in
tervention of ibis Court to restrain this illegal action
ot tbe defendants. It must be admitted thatit ises
sentialto such a right, that they should show they a c
sustaining a particular Injury, And l think It is in
cumbent upon them to show that the Illegal acts of
the defendants interfere injuriously with the rights of
pioperly. r agree that equity will not enforce a pe
n&lty.or enjoin s gainst the commis&ionofa crlme.when
it is merely a crime and no; also au injury to private
rights ofpiopeny. But an act may be a public off ence
and also a private wrong. o Of this there are manv ex
amples. A pool c nuisance is one. And when private
‘.cdiYidualssuflVraMuJury quite distinctf.om that of
the public in general, lu consequence of a public nui
sance, they are entitled to an injunction and relief iu
equity, which m*y thus compel the wrong doer to take
active measur-s sgalnsl allowing'the injury t*> con*
ticue. S Sim 103,9 Faige 575. I am not called upon now
to define minutely every class of ln which equity
will interfere. The act of 1535 gives to this Court power
to “restrain tbe commission or continuance of acts
contrary to law and prejudicial to the interests of the
communitv,or the lights of Individuals.” For the
}»rf sen l l assume, tnat of individuals spoken
oi are rights ot proierty. Snch, I think, is the mean
ing of the act. \Vhat tights of properiv then if anv,
have the complainants wi.h which the ilieg&rcohduct
of the defendants interferes injuriously? They own
and occupy dwelling houses arougtbe tine of the de
fendants’ railway. They own pews in churches situate
also ou the line of the railway. As owners of
dwelling homes they have a right to pro
tection against all unlawful noise aud. dis
turbance of domestic quiet, Noise is an annoy-,
ance. which may be complained o£ and of which
court* w.U takeublice. The celebrated case of an in
junction granted agaiDst ringing bells, 2 Mm. N. B , 129;
is sn example. My;brother ThcTmpson granted an In
junction against a tinsmith,, at toe suit of a house
bolder disturbed by tbe noise of his business. It is
plain that the enjoyment ot real properly may be se
riously damage© by noise alone Constant firing of
cannon, or beating of drums , before a dwelling house
would render lt.nhten&niable. -Now what is toe na
ture of the enjoyment which tbe law secures to every
owner of.a dwelling house in the Commonwealth on
Sunday? I am not inquiring whence his rights come,
whether from the cummon law, or the act of 1794.
Their origin is immaterial. Itla very plain that a man
has a right to a different enjoyment of bis house on
Sunday from that which hecan claim on anyotherday
of tbe week. The very purpose of the Sabbath laws, as
ddciared in tbe earlier statutes, and as shown in Com
monwealth v& Johnston, and in Commonwealth vs.
Nesbl& 10 Casey, 405, was that people may devote the
day to rest, and to the worship of God, Everyunlaw
ful,thing that is distracting, that disturbs such rest,is
an jmerfeiencevith this purpose. Amen has a right
to usebis bouse on Sunday for bis own devotions, and
for the religious Instruction of his family, undisturbed
by anything that is illegal on that day. This i 9 a legi
timate use, a right of property, belonging to him as a
property owner. Hecan no more be deprived of it
without authority of law, than he can < of any other
use to which he may devote his house. Nor does It
matter that it is a right which others may not price.
In the estimation of many, it is an invaluaole ri&nt, a
deprivation of which would greatiy diminish the worth
of their property to -them. Let tboae calLit-f&ncifol
who will. Jt la still true that equity will protect a party
in the enjoyment of his property in whatever manner
hepleasfcs. if he does not by such. enjoyment Invade
the rights of others. Buonaparte vs. The Camden and
Amboy Railroad Company, 1 Baldwin, 2SO. That case
bolds that even if the otyect of the owner be not profit,
butrepose.'seduslon, and a resting place for bimself
and family, a court of equity will protect him in wah
GDjoyment. In Jackson vs. Th'eDakeof New Castle, ;
10 Jur. N. R. 659, Itwas held that equity has jurisdic
tion to prevent an Jujpry that renders a property un
suitable for the. purpose to which it is applied, or
which lessens' consid eraably the enjoyment which the
owuer has of it And.in Bostock vs. The North Staf
fordshire Ballway Company, 2 Jur. N. S. 245, an in
junction was granted to prevent a regatta on a lake,
whereby crowds would have been drawn to the neigh
borhood of the complainant’s uraperty, disturbing its
privacy.'.The .language -of the "Vice Chancellor
is significant. Said lie. If It be objection
able If he conceive It to be injurious to him, in inter
fering with his comfort, or oven as distasteful, lie (the
complainant) has a right to confine the enjoyment (of
; the-defendant’s right.wltDinthe essential terms of the
contract, by which it was obtained, 1 may not feel
'prepared to go quite tb is length, hut these cases show
that the law recognizee ab a right of property aright
to depose In one's dwelling, and freedom from external
disturbance. , -v-
Especially pew-holders entitled to protection In
the epjoymentror their pews, as pews are designed to
betoioyfed, Pews In churches are real property re
cognized as such by the law- They are the sutriectof
safe, and they often bring prices , equal to the vadae of
many small farms. An action may be maintained for
'disturbance ot tbeir enjoyment. But the whole value
• of apewcohßißis in tbe facllttles tt affords for Joining
1 ih pubiiotvorAhip, ;aud for receiving the Inatraction
c^b * cb * To*render it unfit,in any wa> !
i nr tench property n designed
: jDay amoa«taflfnllv i
' wrongs selvasr unlawful act
**S£l2W» ' ch^cbanc ®H r r enjoins.
«isSߣt , Xilf P*op®rtyof tba eompainants
Q’aeattou tewtethertbe
So*?»n l A e defendants Interfers wiih cbes
leave nor doubt One
cwnplamants has aworntbat the Running of th<
his house on aunday so disturbs the quiet oi
bishouse as to compel him m keen the. front window?
closed: end, when reading alond to his family; to abain
doo tl* front mpms. HeconV.flprs thissnch an iava
eion erble enjoyment that, it depreciates tbe-vslneof
bis property.- All the other «bo charge
pnlawftl interference with the* lawful enjoyment 01
their dwelling-houses, assert,on. oatb.aubstottlally
ttesaiitP grievances. They are driven from the front
roc ins ©ftheirhroae*: their mediations and theitfSab-
Path broKeu np: and the lawful used to wbfeh
they desix£ jto devote their property are made' im
possible. .;
Equally palpable ia the Invasion of the rights of the
other comphunanlSjWho are ppwholders ia churctfes.
The ev aence bhows clearly. that they aredistnroed-ia
tbaterjojnrentof their pews t to which they are enti
i tied, and without which the pews are valueless, Their
; attention .is distracted; they. can. hardly hear the
| preacher. They lose some of his words- In one in
stance a whole prayer was lost. The solemnitto ol a
communion serviceare interrupted: and worship gen'
)orally is very seriously hindered. .The n. is of running
(cars, the grating of wheels on carves, the catterot
;hors€shoo£si*‘starting, tbesoDDdof the signal bell/
aadthehalloolngof those who wish to stop the cars
. for passage [seriously ait oy the occupants of tbepewa;
: ana lessen, if they do not destroy, that enjoyment of
their property which the law accords to them. And
the wrong oi which they complain Is a continuing one.
The cars rave run for weeks on Sundays and it is pro-,
pcsed to continue each ' ronnlog bereatter.
io ciride ; that this,. •is not a case
where the defendants are acting contrary to
luw.andprejudlciaKy to the rights of Individuals is
more tnan lam ableto do Nor is this Invasion of the
complainants lights, in any manner contradicted. It
ia oo traverse of tbeaverment of a pew owner that lie
is disturbed in the lawfoi enjoyment of his pew, to
ks»ert, and tha* others are not disturbed in
the enjoyment oftheirs. Their pews, may not be simi
larly situated. They themselves may not wish to pay
as close attention to-the church services ai the com
plainants do. iheh attention is no measure Sf'the
aitennon which the complainants have a right uadis
tuxbedly to give. The question before me u whetaer
the complainants are disturbed. W hile it is true that no
man can be compelled to any form.or degree of
worship, it is equally true ihal no man can to dis
turbed in that worship which he may desire to render
torus bovereign God. • ~•
are any of the numerous affidavits submitted by
the cefendanfs in conflict with the proofs that those of
the complainants who are owners of houses, atone toe
hue of the defendants' railway are disturbed In tbelaw
ral enjoyment ol their property. Theaffi«nu are not
disturbed In their dwelling booses. The uses to which
they may with to devote tceir uropertvmay not be the
faxc A Theyxuay not wish to devote the Sabbath to
meditation, and to ih- religious instruction of their
families. Bnl the complainants do. and therefore
they are disturbed. I need not say that what may be
no anno; ante 10 one mac may be an unlawful distur
oance to another. In ibi« Undo! religious freedom, a
mao may, if he pleases rt-g&rd the sabbath as sacred,
the Lord*- day. as it i* called ia the act of Assembly
a nether may not. One may use his h* use as a place
fer meditation, quiet, and repose, a place for family In
struction and devotion. Another may devote his pro
perty to no such uses. They are. however, lawfal uses.
Theflm may net interfere with any lawful use to
which the other may apply bis property They
may not It terrnct his lawful use of his own. It la vary
obvifua ibattoone desirous of devoting bis house to
rtligloosnsea on the Sabbath, what would be si an
noyance on a week day would be a very seriona one on
Sunday. An ontcry at theaead hour ornlght,or near a
sick chamber is a very different thing from a similar
mlse at any c tbertlme or .place. So a business or a
noise which would be nnnoUeed on a week day com*
pels attention, and positively disturbs on Snnday It
was to this that my brother Thompson altadtd when
he spoke of the **peace oC the aabb&ta” fln JeandelFs
case, a righto* the public involving-a coiveaponding
duty of individuals. larger on Sunday than on any
otter day. This public right has a corresDonding pn*
va‘e right in the citizen. . ~
Without then leif-rrirg.ln detail, to all the affidavits
submitted, thoegh 1 have read and considered »f&em
all. I entertain no doubt that the action of the de
fendants la not only contrary to law, bat that it ia a
substantial and continuing invasion of the rights of
property belonging to the complamanta,
which unless arrested, must render
such rights comparatively valueless. Why,
then, should I not interpose an injunction* Be
came, first, eay the defendants, their act is a crime,
and equity sever enjoins against the commission of a
''time The objection is plausible rather than substan
tial it ia true that eoimy does not generally enjoin
against a crime as a crime, but the books are foil of
cases in which an injunction, has been decreed against
acts irjurions to indiridcals. though they may have
also amounted to a crime against the public. I have
referred to some of these cases Others ar*» so nume
rous that it would bean affectation of learning to ciie
item.
Again it i* objected that the act of 1734 prescribes the
penally to which the defensaats are subject and that
under the act oflSOfi, the complainants can resort to no
other remedy. The objection makes the act of 1734
sDtstan» ialiy a license law. It was repudiated by Judge
Thompson in Jtenc ell's case, and. it ia a perversion of
ibeact of 1S(6: It confounds the public offence with
the private injury. The actof I7i>4provides no remedy
for the private wrong, and these bills do not seek to
punish the public offence. Even if tbe running of cars,
on Sunday, In the prosecution of ordinarv worldiv
cm in*S3, is not illegal at common law. which latu
unwilling to admit the act of lrs* undertakes so more
than to provide a penalty for the public offence. It
leaves private snf erers to seek redress in the ordinarv
modes accorced by judicial tribunals, it would, l
ihink startle the community to be told that when an
an of Assembly prohibits storing powder in quantities,
under a penally recoverable only by the Uommou*
wtaiih, aman wnoao property has been blown up by
powder illegally siortd, has no redress against the
wrong doer; Such Is not the l*w
It Is further objected that au injunction ought not to
Issue until ihe»e has teen a trial law. I Know that,
In applications to a court of equity to restrain a nui
sance, it there be serious doubt In regard to the title of
»te complainant to the Droprrty Injured, or doubt
wbeiber any nuisance e* tats, or whether the com
plainant is f pecially injured by it, a chancellor will re
luse lo act until tbe doubts have be* n settled bv & trial
ri law. Such a trial is for his information Bat what
doubt is there in this case? None in regard to the facta.
Tbe title of the complainants to their pews and dwel
line houses ia not denied. Tbe extent of thelriigbis as
property owners ia a master or law. ft cannot be sub
mined to a jury. The running of cars on Sundays by
deferdants is admi*ied. That this is illegal is a de
termination of law, and that there is a special Injury to
the complainants, consequent upon this breach of law.
is proved, and not contradicted What then, is left to
besobmitted toajnry? Whattbelrfindieg must beta
» loregone coi ciusfoa.. How. then, could mv con
science be imormed or gutced by any trial at law?
The objection Is therefore inapplicable to any such
esses as the ae now before we.
The result of all this ia that the complainants, Spar
hawk and others, have, lu my opinion, a clear
my interposition toprotee them in that enjoyment of
their dwelling house* and their pews, to which I have
shown they are entitled by law. It mav oe that tbere!is
a lormal error in the j inder of pUintitfe having aii
tiuct interests. If there is, it is remediable by amend
ment. And tbe very eminent counsel of the defend
ants, who have argued these cases with signal auiii y,
as well as with tairoesa have properlv declined to
avail themselves of the error, seeking only a decision
upon the merits ot the controversy, in theca&e of
Sparhawk against the Bulon Passenger Railway
Company, I shall thereupon grant the injunction for
which I am a oved.
I Up case of K enion against the same Company and
others is, tf rosaible still iuore clear. He ls a stock
holder, and. as such, be has a right to Insist that the
Company shall do nothlngruMra viret, or contrary to
' law. Such conduce;imperils his Interests He may
have purchased bWjstock with a fall knowledge that
the Company wafftßclii.g illegally bu- his right is ne
vertheless todenfK.7jtTthat there shall be no continu
ance in illegaUv fc.,,j±iere is no analogy between the
position of this and t* at "Fficott va. The
Atlantic and Gretlv-'w Railroad Company, to
whirh my attention haa been called, scots was seek
ing to destroy the Company of which he claimed to be
asnareiulder. Thta plaintiff seessoniytocomoelhis
trustees to obey the law, and art within the compass
of their powers. Be has a clear interest to bb promot
ed. The contiol of a corporation by courts or eqtit y,
at the Instance of a s'ockholder is swell recognised
branch of equity jurisdiction
That the acts or which this plaintiff complains are
‘ unanthorlzfd and unlawful is not to be disputed. I
have already shown that running-ars on Sunday is
contrary t r * law. itexposea the defendants atleasu to
..the Imposition of a penalty It would be a scan
dal were I to weigh tbeir possible profit, gained
by defiance of law, against the penalties to they
are subjecting themselves. It Is also plain that they
have no legal autborty to carry tbe mails or to
enter into a contract with the United states Govern
ment to carry them. If anything is settled it is this,
that a corporation has no power beyond what Is given
by Its charter. Whatis not dearly given is dented,
ihesedefend&nta were incorporated as a Passen
ger Hallway Company, to transport passengers and
nothing else. By the law that gave them b*ing they
were positively prohibit d from permitting freight of
any kind to pass over their railway. And in addi
tion tot&fe they were expressly subjected to the
dty ordinances, one of wb ich interdicts the transporta*
tion over passenger railways of any other thing than
passengers. It was theri fore beyond their power to
contract with the Federal Government to collect and
carry tne mails, and every stop taken In pursuance of
such an attempted contract Is without right. As well
might they have contractedto transport all the cannon
ana military stores which 'be Federal Government
may have to pass through the city. Itappears pro-'
babie that the defendants, sought this contract as a
means to enable them to over-ride the Stale law, hut
1c stead of relieving tbesa. from the obligation to cease
from their ordinary worldly employment on the
Lord’s day»it makta their, conduct & douole violation
i of law. In this case, therefore, as well as in the other,
an injunction will be awarded
Sparhawk et a), vs. The Union Passenger Bailway
Company of Philadelphia, . .
lef an injunctionissue, to continue until final hear
ing; restraining the defendants, their officer* and
servants, from running, or permitting to run, any car>
over anyof tbe streets of the city or Ptdiadelpma, on
toe railway of the defcnnianta, or otherwise, -on-the
QQmmoaly ca-ltd Sunday,qn the
F. 1. FETHKRSTON. PnbMkff.
HOBBLE SHEET, tHitEE CIKtS.
complauf&anj, fgiving' bond la' the stun of <£stf’ with
two sureties to be approved by me, conditioned to
in dem d iiy tße : defendants- lor an damages the? may
sustain by reason of this bstanetitm. .
Kenton vs. The same aunothera.
Let a similar IrjnnctiOnimne, and also an injunction
to restrain Ftbe- aeiendanOs, their officers, conductors
and agents from doing any act whatsoever uad'er. or
by reason of any contract, or allied contract. entMed
into by them or any of them for the carrying of the
malls, on' the complainants giving bond with ttoo
sureties In the snm of $5OO, conditioned to Indemnify
the defendants for all damages they may sustain isy
reason of this injunction. . •
Peirsonali . .... r
Among thelist of passengers arriveifromp
England,- in the steamship City of-’New
York r we see the name of our townsman, B.
H. Brewster, sind' servant,.< ••
A man named william Godtnan, in -th»
eastern portion of Pittsburgh,: fearing tfiat
a slight diarrhea with which he wan afflicted
was genuine Asiatic cholera, concluded- to
doctor’’ himself.- He swallowed «m en
tire bottle of Perry Bavis’ePain
JoUowed it with a dose- of laudanum, J 3&
did not take theoholera, bnt theremedy did
the business for him> most effectually. .A.
deep sleep sacceeded the heroic doaets*or tina
antidote, from which the unfortunate - ncaai
,never awoke; , - - . ,
From twelve to fifteen hundred, personal
.assembled at Olean, N, Y„ on Tuesday, to*
witness the long-expected jumping matelsl
tor $l,OOO, between Bob Way, of that Dlacou l
and Norman Itortle; of Farmington; Qnfca»?
irio county, New York. The contestants?
entered the ring at two* o’clock, and the--
hour was consumed in making leas thank
half a dozen jumps. Bortle apparently ex— '
erted himself greatly in reaching tWelvw.
feet five inches distance, which Way failed’
to cover by about three inches. At the*'
expiration of the limited time, Bor tie was >'
declared the winner of the match. Some**
thing like ten thousand dollars changed*
bands oo this occasion.
Thb Lancaster (Pa.) papers record the de
cease .of Colonel John H. Bachman-, and*.
Robert H. Long, Esq., two prominent
zeds.
Dobing General Sherman’s late trip
through Canada, a Toronto reporter came
np to him and said; “General Sherman,,
will you -’ave the kindness to give me your -
views bon the Fenian question ?” “Go’to
-—,” said Tecumseb, as he stepped on the *,
train, and left the reporter to meditate over -
his blasted item.
Captain -John Hurlbut, one of the oldest:
captains on the Atlantic,died onthedcean,
on September 18.
Mb. C.W.Ricketson,- who died suddenly 7
in Pittsburgh the other day, had his life in
sured for $80;000. - _...
In the Pine Tree State people live to a
great age considering-the climate. There is ~
for instance; now tivingdn East Winslow; a
Mrs. Hannah Littlefield, who . has: attained
the age of 105 years. She has belonged to
the Congregational Church for nearly-ninetyr
years. In Athens there-is -an old lady now
in her one hundred and* first year.who haa*
tbis season spun- and twisted a large quan
tity of cotton yam. Acorrespondect of the -
Portland Star writes that he has an old lady
working fox him who, at the age of-87,' hsis
spun- this season so mr 400 skeins of yam,
averaging from eight 'to ten skeins ner day.
The Chicago Tribune announces the death,
of Augustus N.- Dickens, a-younger brother
of Charles Dickens, who had lived- in
Chicago for several years as an officer of the -
Illinois Central. Railroad Company, The
Tribune says'—“ln his preface to , the
‘Sketches,’ Charles relates-now he came to >
adopt the name of *Boz,’ which was a- -
familiar name given in childhood- to this
younger brother, and again, in a recent .
edition of the ‘Pickwick Papers,? he-recurs*
to the subject. It was this same ‘petohild,’
this‘younger brother" Boz, who died in this*
city on Thursday night,”
Reported for the^PlSS^phia‘ EveningBulletin.
SOMBRERO—Ship Sir Colin Campbell, Eixknesa—-
c(0 tons guano Moio Phillips.
1 xAi&MiußiJUiiisrui.
“OPT up PHILADELPHIA— Octobe3 31,
SWtiM Marine Bulletin on Third Pape.
ARRIVED THIS DAY.
Ship Sir Colin Campbell (Br), Kfrkness so days from.
Sombrero, with guano to E A Sender <& Co.
Steamer Frank. Pierce. 24 hours from New-York.
with mdse to Wm bTßaird A Co.
Bark Victoria (Br), Wilson. IS days from Turks Isl
and. with salt to Wm Bnmm <& Son— to Thomaa
Wattson & Sons. - .
Brig Emma. Swett, 21 days from Salt Cay, with salt'
to U arren, Gregg & Morris.
Schr Georgia, Gilchrist lo days from Bangor, with,
lumber to captain.
Schr Jas L Heverin, Hollingsworth, 1 day from Lit
tle Creek Landing, Del. with grain to Janies L Bewley
& Co.
Schr Chief, Townsend. 2 days from Indian River,
Del. with grain to Jas L Bewley & Co.
Schr J D Ingraham. Dickerson, from Middletown.
Schr R Seaman, Seaman from Salem.
Schr J Bradley. Bradley, from Bridgeport.
CLEARED THIS DAY.
Steamer Hannah & Sophia, Teaf, New York, Glover <&
Mac tier.
Brig Wenonah, York, Portland, Me, New- York- and
Schuylkill Coal Co.
Schr Lady Emma. Snedicor, Washington, Tyler & Co.
.SchrDick Williams.t'orson, do do
schr j DrTugraham, Dickerson. Hartford, Westmore*
lead Coal Co.
Schr Bach el Seaman, Seaman, Boston, Andenrled,
J*orton <fc Co.
Schr J Bradleyfßr»dleyßichmond,Va.J R Tomlinson.
Schr Gertrude, Uafhtt, Cbincoteagne cantain.
Schr Spray, t arn. Bridgeton. Cumberland Iron Co.
Bcbr J jB Austin, Davis.Ohelsea.Caldwell. Gordon&Oo.
Schr Montrose. Gierson, Bath, W A English.
Schr Jos Maxfleid, May, Washington, JT’Justus.
Correspondence of the Phila. Evening Bulletin.
READING. Oct. Ifc.
The allowing boats from the Union Canal passed
into the Schuvlkill Canal, to-day, bound: to PhUadat*
phia,laden and consigned as follows:
T H McOonkey, with lumber to J HDeysherdfe Co;.
West Branch, do to Craig & Blanchard? D-A. Albright*
lime to PFinfruch; Valvasa. and Juniata, bark
Beene & Coates; Arctic, lime to Amos Gaul. F.
MEMORANDA
Ship Pontiac, LovelL cleared at Liverpool 25th uIU.
for this pqrt.
Steamer City ofNew York (Br), Leitcb, from Liver
pool 26th ult. and Queenstown 27th, with 564 passen
gers, at New York yesterday,
steamer Alexandria, Allen, hence at-Richmond 9th
instant. -
Steamer City of Cork (Br), Bridgman, from Liver
pool Sept 22. via Queenstown 24th, at New York yes*
terday—l97 passengers.
Steamer Arago. Gadsden, from Havre via.Falmouth*
27th ult. at New York yesterday.
Steamer Stars and Bfripes, Holmes, forthis port*
was loadin&at Havana 4th lust.
Steamer Morro Castle, Adams, cleared at New York
yesterday for Havana.
Steamer-City of Pori au Prince, Jackson, cleared at
New York yesterday for Key West and Apalachicola*
Bark La Plata. Crowell, cleared at New York yea*
terday fo?Buenos Ayres. • ~
Brig Silver Oar, Haley, hence -at Queenstown 24th
ult; _ „ _ _
Brig John Chrystal, Barnes, from Havana, at Cai
barlen£Bthult. , ■ •_ .. .
Brig Clara Brown,Brown, at Caibarten 29th ult, from
Havana.
Brig Rebecca Shephard, Beaston, at Nevasoainh
ult. for this port next day. t • _ .
Brig J &.H Crowley, for this port, cleared at St John*
Garibaldi (Nor), Larsen, cleared at New. York
y liiTg d San?*BrowmMafrbews, from Ivigtut for this
port. sailed from HolmesI’Hole 1 ’Hole Bth Inst,- ‘
Brig Robert Wylie (Br). Croscnp, cleared at Boston.
9lb Inst, for ABtwerp.via this port.
Brig Advent (Br), Crew, from Windsor for this port,
sailed from Holmes- Hole Bth Inst. '
Brigs J C York. York,and Mary A Chase,McDonald,
hence for Portland, at Holmes- Hole Sth Inst,
Brig Abby Ellen, GUlmore, from Bangor forthis
port, ealled from Holmes- Hole Bth Inst '
Schrs 0 W May, May: Anna Lyons, Kemp; Louis F
Smith, Crle; A MLee, Dukes, and :L B Levering, Cor-
Bon.henceatßoatonsth Inst, ‘ ■
- Schr Jas M Bayles, Tillotson, hence at Bast Green
wich Btb Inst.
Schrs John Beatty, Henderson, hence, and Sarah
nark, Griffith ftom Delaware City, at Pall Elver sth
Instant,
ichr Sarah, Benson, hence at N Bedford Bth'tost.
Schr Jas House, Gsge, from Boston for this port, at
New York yesterday, .
Schr Jas H'Moore,, Nickerson, hence at Boston yea-,
lerday,"*- • -
SQlrr Elisabeth, Horner, hcace at Pawtncket#thinst