2 . 11:F. iiLILLyLIN.OREPOMCE_ ~vp*ltus., . i of T ,the Court , i'l lopealsi,"wirre a Fatty . is - 4:11 .4 rl tOrAttEas s . ie l ri..t.V , -‘ 4A t" . sr cobunitted , , unestur Procsis 'Or upon a to ` i ~'' .-, .. ' r it„ .. L ' 1 I b l p . ~ _ __. :- - ft•-• for t he .0.--. inidioa tite con iti! tar- —oc rge of crime, it is competent jadge t _nedwi 14 inclingAlVlfflktrtiltqf bittas, mitniekit i tser. , fit ilisrieturhs 1314 Wain . dde form any} testi - ffitifiratid to deo - Abide upotillie - jpirOef exhibited to,thimothekavaiground of -the accusation, and to bail or ' discharge the prisbrier.olJ:Lio , .. l LiA.,''-' 2 ' '' 4' .. "-. '' '•' .. "':a. ll- •- t'theliilifiWali L erioriin - lititfltdihraii,,ii! . been,,.„y1444 . , : mat .theymideueeoaddaeedl m 6l, t.. l3. 949altleiettrlXO.t4Orothaquirposetoft trying - she 'case and dealaring . •'•upon -the , guilt or innocence; of , tha .. partialoaaousatb AI y office uttder the -, writiationefq l . - alekrof that, anir-etista upon me only - the'dfitY•of deciditerwhettreri-upon4 , ha- - xeturh- -- -tit.M - --the - - proof, there is enyprolaableogroundofor the accusation, or -whetheittliaairest 'land de tention nrawithout stiff:Tient cattse.As-t.lnist r chergieligaiffst theeel Petitioners; set forth' in 't he' ret t une,, are ; different ,and great ' different proof; I - must now consider the taxies separately 6 - - --,” P. :17 7 ; :T. ,IT,, ..0: . „to, tha. oharge i of ~.00respiracyl against`Yolingand Valiant: ,-- This hes_telertalready getout RCI P ofoloa fin pierwarrarirtlitit - was - leined,:npo - u_ oith, •Ity,a court of ebintaltetitillrisdiatiOnUtud is -sufficient in ftirm, charging an indictable 'offence. There can be no doubt that, with- Mat reference to the title of_Yonng and-V,a tliant to the ofilgeOfPaice CoMmissinners, all4_aestykfut'' .g. thatthey were de-fitieentitled to the office, and de facto in the exercise of their duties as such, the conspiracy charged -,ip ithis warrant would be an indiotaole oefrctice..74 forcible disposesatin of Wood ands r • Hffidea o 1 the buildings aitrprdPerty'hein 13,y;Them, however wrongfully, would be an _,indictable offence as tending to a breach of Otte peace, and itia settled mthe State vs. Buchanan, 5 H. and J. 317, that a coa -1 spixacy to do anyunlawful act iSnic(indlo- able offence; - ' - " The Court says there is nothing in the ob jectionthetto puniara conapiracy - Whenthe end isnot accomplished, - woad' not lie to punish a mere unexpected intention. It is not the bare intention that the law punishes, but the apt of conspiracy; w,hiehjis,:made, a substantial effendi!, by i the nature of Atte oh-, ject intended to be effected. ...... _ _ Loakingt 0 the - teatimany - - of ---- Faler and Bail as to the declaration of Vallianti with" regard to the intentions of himself and. Young, taken in connection with thencaorn- - parying facts and circumstances, • I :am - of_ the • opinion that- there is probable cease shown for their arrest- and detention_under_ - this charge, and that it is my duty to hold them to bail to answer the same. The Criminal Court, also, has full jurisdiction and authority to' hold them to bail to keep toepeace in the ordinary and legal form. It appears however, from the returns be fore me, that' the Judge of the Criminal Court passed the following order [order read], and - thiswarrant of the commitment is set out in the return as legal cause for the detainer of these petitioners. • It is difficult to understand by what au thority the Judge of the _Criminal Court passed this order, none of , the counsel who have appeared in support of the return have , suggested any sound or even plausible rea son by which the exercise of such power and jurisdiction by that Court can be supported. Under the guise of a recognizance to keep the peace this order is, in reality ? . a special injunction restraining these pal ttoners from exercisinga public office until their title is tried and decided by law. Certainly it re quires no argument to show that the Crimi nal Court had no power to such an or der, or to commit the parties to jail for re fusing to comply with it, and that such com mitment can furnish no legal cause for their detainer. In order fully to understand,the effect of ! this order, and the 'circumstances under which it was passed, it is necessary to, ad vert to -the .facts disclosed in the evidence - before me. ' ' 'tinder the police law of the city of Balti more the second code, sections 806 to 832, and the amendments thereto by the act of 1862, ch; 131, Samyel Hindes and Nicholas L. Wood bad been elected by the General Assembly Police Commissioners, and were duly commissioned, qualified and acting as '.Mach by the act of 1862, under which they held their office, it is enacted: "For official misconduct any of the said commissioners may be removed by a concurrent vote of two-thirds of the two houses of the General Assembly, or by the Governor during the recess thereof." Complaints of official misconduct against Hindes and Wood being made to the Gover -nor he proceededin accordance with the 13th and 14th sections of Art. 42 of the code, and after hearing the evidence and arguinents of -ounsel on both sides,adjudged and decided that the .parties_complained agaidet were guilty °l . ..Official miscoUtilici,as Cilarged,and passed the juckhieht and order removing from office. A copy thereof, under the great seal of the State, was s,erved upon thew,aad the Governorthereuporunder his power to till vacancies in the Board, appointed these petitioners, Valliant and Young, police commissioners, the former in the place of Hindes and the latter in the place of Wood, and commissions were delivered to them on the' second day of November. On the same day they were qualified by taking the official oaths prescribed by the Constitution land laws. They then proceeded to the office occupied by the Police Commissioners, but failed to find them or to gain admittance to the Mayor's office. The next -morning the visit was repeated, with the same result,the place being guarded by policemen, and a -,personel, o- interview refusett—whereupon tt: ey established an office,and addressed to Messrs. Hindes __and Woad the __following communication: --- [This has been heretofore published, ' as - id - so - the address to the oolio - force, issued on the 2d inst.]: . , They then proceed to issue an order to the Sheriff; under the 816th section of the code, directing him to summon a police' force of one hundred men for the preservation of the peace of the city, when , they were arrested under !the warrants from the Criminal ' Court, and then Sheriff Thomson, one of the 'petitioners, was also arrested. It thus plainly appears that at the time the Criminal Court passed the order in question, Hindes and Wood. had been actu ally removed from the Police Commis sioners by the act of the Governor,_ in, the .. exercise of their lawful authority. under the act of 1862, and had been' notified thereof in' the most solemn form, and these Commis sioners, Young and Valliant, - had - been duly appointed 'Commissioners and qualified to fill the vacancies thus created, entitled to exercise the powers perform the duties nf-tbeir offices, . - _ There cannot be any questionof the Go vernor's power under the law-to remove the incumbents, if, , in hi,ajtidgmerit; the com plaint of official 'misconduct has been proved. The law;makes his judgment - 13.nel and'conclusiveouidnot subject to appeal or review, any more data a:similar judgment Passed by_ the General 'Assembly and -re moval by the Governordining the recess. - Their powers-under the "law are identical,, _arid their deolsiori alike_ final, conclusive and binding, and entitled to the same obe dience. For parties thus removed to hold' on ,with a strong.hand_miffoontinue to exereise , official power, is to resist the rightful autho rity of the Governor , and put , the,law at defiance. ' ' ' , l -, ' - • ' It has;seemed to me necessary to declare my opinion on this question as involved in thecconsideration of the order passed by the Crirbinal Court, a failure to comply with which is now alleged on the. return as,a _ground for detaining the petition/nig in 1)1 ,6 ' kin. -Considering that the order was passed without !lawful jurisdiction-; or authority, I cannot rinntad tile riarties tolirison or hold them to, bail under it. In the case of Wil liam Thomson, the sheriff, the Criminal Court passed the following order [already published], for the same reasons assigned in ctmaidering tian.ordnrpniase(l, ~ Judge Bartors opinion in the case of the' Baltimore Police Commissioners, rendered yesterday, was as follows: In the,mattecorthe application of ;AIWA Yotufg,Milliam•Mhom'anralliantimd , Wiirt 'Thomson for writs of habeascorpus. Under the code of public laws, 'jurisdiction and power are.l. 6 .OriffyrredrOtklntei,Aaliturof the Judges of the Court of Appeals, to antra the writ of habeas corpus. Article 43, sec tion 1. By-Am-15th eeptioroftas tide, any judgiil,'WEeth'er'in court af out of court, who shall refuse the writ to a party •entitled, is made liabla ilia . ..action (sit ILIA, party aggrieved." This giEsit writ;empleyed for the summary vindication of the right, of *personal liberty When:!ilhdally. - ; :rXesilainea, is guarantied to every citizen in the most solemn form, under the constitution and lawsotta-tryrit of rightrywhichno *judge is at libertirt.trt4refase',4 any'i' i ott - so where ; by .law the - pen Oner - is 'entitlectio iE - - By the act of 1862, chapter 36, which re pealed the,third section oK article , ; 43,: of the. .code;it' w as,eiraetedi."if any Person be com=-• =Wed o.oetained, l for,,Any crime, or:any -color bi,l3,ManceiWiiatapover, he,or any' one in his behalf, may complain :by petition to :any one of the courts or judges =mentioned in thafiustseaticur oUthis: article? and =saidi: court or judge shall forthwith grant a writ -of habeas corpus, 441recfell : ? ail: . the officer or •other person in whose custody the party de tainedsball be, ,retu•nst tu ble lmediately, before Weiald. court 'or judge granting the.. •eanci*xided i the persontletainedzbe not •oomrnitted dr,ideta_lited fpr treason -Dr . felony, - plainly' expressed in the warrant of commit-, ument, or be not convict or in exeCation by legal process. - - - • The act then goia On to provide that-it a„ person bedetained—Under the bhier - warrant of commitment, the petition pre; sented by him shall _be_ accompanied by . a copy of tbeiwairant'-of 'Coriunitnierit or de tainer, or .I .',An Affidavit tha ts. , eopy "thereof - was demanded of" he person having . ; in •custody, and-thasame neglebted of re fused to be given. In- thewcaSee; tlie peti tions were accompanied with ,copies of the rn warrants of domitnierfts; certified by the Clerk of : the,, Rximinal:Court of- Baltimore, and the of the detention not appear- , lug to be Within the exceptions of the act of 1862, the writs were issued, They have been returned by the Warden, andthe petitioners brought before me, with the certificaterset ting forth the.causes of-detainer and impri sonment. These it will be my , daty_to ex amine, but before doing sb it is necessary to notice a point suggested by the petitioners' counsel. Two of the copies of commitment furnished by the Clerk, and plead before me with the petitioners, were as follows: [Commitments were then read, and a corn mutment in the same words of William Thomson by Samuel Sparklin, Coroner.] In these commitments the offences charged, - which the parties were respectiVely required 'to answer, are not stated. With the return , of the Warden are filed the following, mark ed on the margin, "Amended commitments, Nev. sth, 1866.' The commitments agalnst Sheriff i rliom- Ran were also read, which have been pub lished. This may be true, but it must be remem bered we, re here dealing with the proceed singe of court of record, and to the .records: -of tie:Moue - the Warden refers in verifies lion of the truth of his return. The records have been produced and conform to the re 'turn in this particular. , If the charges upon which the parties were arrested were stated :in the original warrants, and respectively :appear upon the records of the Court, it is mot necessary they should be stated in the warrants of opmmitment. 2,Blnii!ttins. 604, ftjis said that in a commitment by the sessions or other court 'of record the record itself, or the memorial :thereof whichlrnay - any time be - entered of record, is sufficient, without any warrant under seal. --Efere the first commitment in general wordi in default of bail to appear aird answer must be intended to refer to the offenceebarged. in the original warrant of arrest and. appearing en the •.records of the court, and to amend , the warrant of coin initment afterwards by truly stating therein the offence charged is not in any sense com mitting the party for a new and different offence. This objection to the return is not sustained, and my duty is to deal with them on the' light of -the asldenca adduced,- and to determine whether for any and for what cause alleged the petitioners are law fully detained; rand to decide whether they are entitled to be with or with , butt bail. oroceed now to consider . the legal eff6f. , .t of tie returns, and to decide how they are conclusive under thelaws of Maryland re gulating prodenditigS under these writs. In „passing - upon-this question, it seems to me altogether immaterial to consider what may Inrve been the power of the court acting un ..der the writ at the common law, or the ..po-wer of the judge under the statute of 31st -Charles IL: Our act of 1809, chap. 125, was .in its terms like the statute of Charles, and Ed-were now governed by the proyisions • of them:tot of 1809, many of the authorities cited in argument by the respondents' counsel.would be conclusive and binding 'upon me, but -the provisionir of the act of JBO9 were materially Changed by the actof 1813, chap. 5.75, and by tlie,cpde, which last, _although not in the identical words; I eon raider the same in ninustractionand effect as! The act of 1818. - - ' ' Mr. Haid,;in4is work on, thn,habeas TA- 7 pus, after stating- the varlOicis 'decisions-A:if - the English Couttitt'lindei' the Statute of -Charles, and the conflict of epinio'ninmong the judges - as to its true cOhstrnellion, con -cludes as the: remit-a - of-the whbler - l'thittlif . ' commitments for• criminal-or supposed cri minal matters; the truth of the facis stated in the returrunpop which the _commitment was founded; =could not, either at common law or uJaderthe 41alsetts Corpus alit, 3.l2Cat .2, be controverted with a .view to the' abso lute discharge of the ,priisoner." - P.,276, , An effort wattitiadeni 1758 to amend the law by act of Parliament,- but WM ItiPt suc cessful. 'The author says, p,',27-.9'; "The -• , seeds, however, which had beensown in the discussion 'upon the , bill, sprang, op and yielded appropriate fruits in American law long before the passage of the statute bf 56, George 3." He then refers ,to the 'axiom; State laws on this subject, and the decision -of courts upon them. Maryland is not in cluded in his enumeration,. but 4 reference to the act of 1813, and the code will• Show that our State• is not-behind any in its legis lation in favor of personal liberty, and in renderingazdamzitceffe , eti.vaztixttheaccom plishment of its great end of "liberating the -citizen from illegal confinement" ':-,i, The twelfth section of the code is as fol lows:—"Any person at whose instance or in whose behalf a writ of habeas corpus has been issued, may controvert by himself 'Or his counsel the-truth of the return. thereto ; -or may plead any inatterleyWhichit may ap pear that there,. is - •not-g sufficient-cause for his detention or confinement, and the Court -or Judge, at the application-of-the-party. complaining; or the officers or pariymaking the return, shall issue processes; for wit nesses or writings, returnable at a tune And place to be named in such process, which shall be served and enforced in like manner as similar process from courts Of-,law - Je issuing such.served and enforced; but before ssuing such process the Court or Judge shall be satisfied by affidavit or otherwise of the mar: . teriality of such testimony. • Under this law, as under the Pennsylvania statute,whichis somewhat similar Wits pro .visions,the judge - will loch beyond the nom- _ tnitment in a . criminal case and hear extrin - sic evidence, and go into an examination of facts in order to ascertain whether there is a sufficient legal, cause for the detention or -confinement. Such has-.been the consfidc tint' of the act of 1813 in Maulsby's case, 13 /lid, 637, it wassaid, with the approbation ...T. • ..... . .._ . . : ~ , ,q , •IIIIIDA.I.tY VitliciNe;tritikTiN.: 4 ,ll.l.l . 4l3llPliTA . *:EDNut - 41: - . i:NQiy,.40 - 01.4...1866 . ... . ..... ... _. ... In the Paittr.dri Yelling and Valliant, 1 am of; the , opidiefitViaU,thla order was passed without , rightfar . priiier 'T- or consideration, '4d that the.commitment under it is not la lawful cause ' for detaining the cetitioners. It appeal's from the evidence adduced he f> e niet that the warrant - against the Sheriff i s, for being engaged in an unlawful assembly, ,rout and riot, ite.,upon which he was coin ,}matted in default of bail, waaissned without tiny oath or affirmation, contrary to the trir p visions of the 26th article of the Declara tion of Rights, and it being clear from the Andence that the eame was not issued upon ! ".view the commitment thereunder .is not rail. : 4 0 6 0.:4 4 0fence,'-180,9 Co nner .". I ' 0 gorrinionwealth,4ltitineyi 38.; t i • -t -7.. It-is ditie'totitheSiitriff ;to say, that if the warrant had. ,been — regularly issued I should be compelled to say, from the evi dence before me, that , the -charge is wholly Unsupported and without probable cause. By the 816th section of the Police law, it is made the duty of the ;Sheriff whenever called for that purpose bythe Board to act under their control for the preservation of the public peace and quiet, and, if ordered by i them to do so, he shallsummon the posse comitotus for tlieurpose, and hold an em- ploy'Such .io.ioie vti subject to their direction, and for distibeciieince he is subject to a pen alty of'ssmok`.:." .' • ' '', The Sheriff was bound to decide at his peril as-totheiiiiiliffiff power and authority or Young andTalliant to issue - the order to him; and in my Judgment he acted in the discharge of his duty in obeying it, and this being no ail - dance -that, ''-in executing the' iiircler, he was engaged, in any riot or urtlaw-' l'ul assembly, be cannt be held' to answer. There being no-lawful canes shown for the detainer, of , the petitioner Thomson, I will sign an order, for., the , disoharge, and I-will abso.:undetthe lith section of the43ll article of the code, sign an order for the' , discharge of Yoting,e:nd Valliant uptinithele entering into the recognizance to appear and answer In the proper court. •'. i • - i • "-' • After the Judge bad concluded, Mr. La trobe rose and .siald:: 4l MaY• it;please 'your Honor, _it is proper. I should say, that the orcCeeding by mandamus on the :part of the Police Commissioner's:Yining and Valliant, whom yOd have adjudged to be entitled to - tke franchise of their office ire order to ob tain poszession of the property anti streets _thereto . belonging,' was that which , their counsel had advised them to pursue froin the i heginning,end-the Commissioners and their !.arteel alike regret.. that the declaration of Vaillank, -- as proved by Faller and Ball,and referred to by your honor, and which' am •uthoriz•ed by Mr..Nalliant to say, were his , vvii exclusively, and, made without the knowledge.of Mr. Yoring, should have ren dered it necessary in your Honor's indg went to bold the Commissioners to bail on -he charge of conspiracy, to do that , by the -•rong arm which a more peaceful remedy , :ould have lawfully effected, even had your Honor's opinion in this connection not been expressed. A mandamus would have been resorted to, if necessary, to obtain the pro perty and effects belonging to the Board of etilice." The Commissioners will at once give their r;.eogniitinces in the sum prescribed. While the counsel for the petitioners were r. paring the necessary papers, Mr. Alex at:der rime and said to the counsel for the ..7c,mmissioners that the Governor had not 'ightinily removed them from their offices - , 9 Commissioners, and it was in conse quence of this advice that the Commission re resolved to retain office until the question of title was properly determined on manda wus. They- state further that on being i- formed of the declarations made by Mr. Valliant, which were proven by Messrs. Fuller and Ball, they advised the Commis- Aonere that suchdeclaiations were evidence of conspiracy for which Messrs.Valliant and young might be held to answer before the t liminal court of Baltimoie city, and that it was the duty of the said Commissioners to lay the evidence of such declarations before the State's attorney for the city, in suer that be should take such action :hereon as he might think necessary for o.aintaining the peace of the city. "In making the statement, the counsel tek leave to disclaim any purpose of join ing issue with your Honor upon any one of the positions assumed in the opinion your honor has just delivered, They. desire timply to place them Selves rightly before your Honor and the public." Mr: Hor witz then drew the form for the -release of slltrig ThOlilliell, Which - was signed by the :fudge, anti is as follows "In the matter of the return of Mr. Thomson, Sheriff, for habeas corpus, or dered for the 13th day of November,lB66, by ate that Mr. Thomson be, and he is here '.y discharged from the custody of the War .:en forthwith, there being no legal cause for ....s detention. - DEAL.] "Ja.trEs L. BARTO.D., _ _ . . - . . _ _ 'Judge orthe Court of Appeals of Mary land." Mr. Latrobe prepared the orders for the iiecharge of the Commissioners, Messrs. Young and Valliant, tinder direction ofthe Nurt. The copy of order in the case of Mr.Valiisnt is given, that , pf Mr. Young being in all respects similar. "in the matter of the petition of William C. Valiant for habeas corpus, before Judge Bar tol,of the Court of Appeal; of Maryland, ordered this lath day of November, in the year 1866, that the petitioners be discharged prom the custody of the Warden of the Jail - - .)1" Baltimore city, on the commitment in Jtfauit of bail in the sum of fEv,OOO and that be discharged from the same custody under the commitment, on the order regnir tr2g bail in the sumof $2,000 upon his giving ius own bond or recognizance in the sum of ;$5,000 conditioned forhis appearance before he Criminal Court of Baltimore City, to .nawer the charge of conspiracy therein pending against him, [LS.] JAS. L. BARTOL, "Judge of the Circuit Conic of Appeals of Vlaryland." The bond as required Dv the above order has been given, signed by - James L, Bartol, November 13th, 1865. The bond entered into by the Commis sioners to answer the charge - of conspiring, upon their own recognizant*, is as follows: . 'Know all men by theses presents, that I, James Young, am held Erfiti firmly bound unto the State of Maryland in the sum of $6,000, to be paid to the said State or to its certain attorney, to which payment well and truly to be made and done I bind my self, my heirs, executors and administrators armly by these presents. Sealed with my seal and dated this 13th day of November, 1866. The condition of the above obligation is such that if the said James Young shall well and truly appear before the Criminal Court of Baltimore City, to answer the charge of conspiracy therein pending against him, shall lie void and of no effect. - S.] ' - JAMES YOUNG. _.Signed, sealed and delivered in presence of James L. Bartol. • ' Action of swamies Commissioners. RtivriatonE -- , Nov.l3.Evening.—The new Police Commissioners this afternoon served • another legal notice on the old Board of Po lice Commissioners to surrender all pro perty in their charge, an& also notified Mayor Chapmanto attend tfitheeting of the board at SP. M. Subsequently they issued the following: COMMISSIONERS OE THE BOARD OPPOLIOR OF. BALTIMORE CITY; No.- 1 North street, Nov. 13,;1866.—The Marshal and other offi cers of the police, of. Baltimore city, and all memberia of the,xisting ,police in saidcity, are hereby strictly ordered and required not to obey any order that has emanated fromthe late Board of Police of said city since two o'clook Tuesday, afternoon, or any order that runYinortiate fro m said late Board at any time hereafter. The undersigned have now entered ort'..the performance of their duties aieornmufaion ers of Police and there is no other authority whictlean lawfully act as a Board of Police in maid city. • pPr'sontviinterested:are required - rit'Weir Fern- to,oPey this order,. • Irotrzio -r , • , • ' WU: Tuos:Vagaarrr, Phlice:Ccieninlissioners. ' Meyer Cl:lamer). ;did ' , not at3cept , the iavi •tatiOn of _the , e 'VT Commissioners, to attend 'Their 'meeting thiir evening, but it is probable hir`willdd so to-morrow. Marabal,Carmitibel aturhis deputieseta gether with the ; detectives, belonging . to the force, hive reaponded the,:summons of the neiV'Vommisaliorters, and will' report. to the newlioardlof 'orders to-morrow. The new. Commissioners have, annotuiced , that it , ie not"thidr , purpose make any..cliange in e presentlorce exCeptin eases of thiscon::, duet arid ttxtfitness;and propose to aeicept the services of,alithe membsr. sof>the ,old.force I who are willing to do du,ty under them. It is'not known' what course thaold Board will xtow purate; whether they will accept the situation and regard themselves as law fully-displaced; or further contest the ques tion before the courts, is not known, Should they refuse"to stir "render the propertY, funds; &a, held by - them ;as commissioners, the new Board will resort to a mandamus. The present - position of the affair causes no excitement, and "all-partiesseem disposed to regard the decision to-daY as =a final set tifment of the difficulty. • st - 14“0,1kl. 'Axxo. IFKAMEt* A. S. ROBINSON 910 CHESTNUT STRUT. LOOKING GLASSES. PAINTINGS wings and Photographs elaia ana Orllillnelltal Gat 1771113164. nArved Walnut and laiany Frames, ON RAND OR RUDE TO ORRIS. GEORGE C. REURAUFP, Mannlacturer of LOOEINGI-OLASSRS, PORTRAIT, PHOTO GEAPH. GRAPH. PICTURE FRAMES. GILT MOULDINGS and CORN CRS, No. 929 ARCH Street, . Philadelphia. Chronto-Lithograpts, Paintings, and a great Vs rlel.y of IlYngraylnge on hand. Frame.makers supplied WHOINNIA TM. AND RETAIL. LOL KING GLASSES, A large alsortment In Ornamented OUST and WAD NUT FRA.ILES. For sale by J. Co wpLAND ; :13 genth Fourth street, near Ohest nut se;-41ni viiirkRAM7.l.Z.D P./a. Canton (3-fin ger. Fresh Import , d Canton Preserved EIMBEE, dry and In =lron, of the finest quality. For sale by JAMES B av r... 138; WALNUT and EIGHTH *Urea OX'S FARINA CRACKERS. Freels Crackers or ibis nnrivale darandd always on band and for axle In bble. and 3; bbls., by ALDRICH, Y MIRES & CARY. 33 and 12. Letitia =eel. Exclusive Agents. neE,1321 TAX 7E&B—Ex. Sea Serpent Aar sale by I ia KNIGHT .t 00., S. E. cor. Water & Chestnut sta. 100 00 C A L 7 FRESE PEAC.3.9116W ,CoFreab rP en , mataea Gre en w :n* me&ldnahrooLa, &c In store and for sale, whole Fate or retail. by M. k. N. W. czrner .arch and Eighth. METED FRUTT.— Very handsome pared peaches. ribpar*Cl do. dried apples. In store and for sale M tTILLI.N. N.W. corner arch and Eighth. 10I7CRWHEAT. BUCK WHEAT.— 5,C03 lbs. of the relfbrated Silver Flint Buckwheat, In stare and sale by M. P. SPILLIN, Tea Dealer and Grocer. N. W. orner Arch and Ughtli. TEW RAISINS AND FlGS—Superior new Layer Itn!elrus and Choice ELma FS for sale by F gs. SPILLIN, N. W. corner Arch and Eighth streets. /WREN 01..14.-330 gallons choice large Queen ‘or, Olives, in store and for sale by gallon or barrel, at lle TY'S East End Grocery, No. /LS South SEOONS street. "ITEW SETHLE BEM,BIICKWHEA.T ch. WHITE 1. 1 1 Cover Honey. In store and for sale at tXMSTY'I3 bast End Grocery, No. US Knuth ISECA/ND street. I‘JORTB. CAROLINA /10MLNT GRITS. NEW klerolny, pared and unpaired Peaches, Just re ceived and for sale at COUSTY'S East End Grocery, No. RS South SECOND street. QTTIF.F.F.D MANGOES D F.'EPPE,REI, GE Ls UTNE k.. 1 Chutney Sauce. Robinson's patent Barley and Groats, ry. No. alcrays on hand at COUS stree TY'S East End Gro. ee 11l Stnth SECOND t. COAX.. COAL. E, D. .avisy-trror.ps 0 , 01 1 E:RIM FAMILY COAL. COMMUNITY'S DEPOT. n05•m.w.1424 BROAD AND WOOD STREETS. ILABOIS B/NLS. 70,114 . d.fflinkJ ITSM3:I3I3PaIiNS ISM= errim.": o 24 their stock of Beck Mountain Company's Coat. L Lehigh Navit=m CoMPaAra Coal, nut oam Mona f rah they are _prepared to seal at the lowest marko Ordearn s do a ld er . 6 r . hi m. tatgetß=Ort. Prenknn itzti to /3111.1a11t, SEVENTH etLeetakelowjaz% r attended to. & te p 6,OmPttytr _slth Street Wharf, Saran& —MIAS LOILP. BEAVER MEADOW ADP 2 riz E i tb k :ur i g un ountain 4 Lehlgh . pxe Ctiand best W e►mDy ute. DU, N. W. curnerWr ETle and Eg ta Vatreeti. oe. No. US south BEOOND West. rota, T. WALTON ,11 00 ru Kul : minTriat: • 5r9 mmiz/011 iLOTHb, CASSIBLERES AND VESTINGb. I.j JAMBS ft LEE Invite the attention of their friends and others to their large and well assorted stock of Goods adapted to men`a and boys' wear, comprising Lack French Cloths, Blue French Cloths, Colored French COMA, OVERCOAT CLOTHS. Black French Beavers, Colored French Beavers. Black Eaqnlman.x Beavers, Colored EINIIIIIIIIIII Beavers, Blue and Black Pilots, PANTALOONS BIu TUFFS.e and Black Paletots, Black French Casaimeres. Black French Doeskins. • Fancy _Cassimeres, Mixed and Striped Cassimeres. Plaid and Silk Mixed Cassimerea, Satinets, all qualities, Cords, Beaverteens, &A, Ventings, all grades, At wholesale and retail, by JAMES & No. 11 North Second st.. Sign of the Golden Lamb. COVERED' WITH JOHNS' .ENGLISH ROOFING CLOTH, AND coated with , LIQUID GIITTA PEIRIMA PAINT, making them perfectly water proof LEAKY. GRAVEL ROOFie. repaired with Gatta R , rcna Paint, and warranted for five years. L VARY S i ATE 800113 coated with liquid which becomes as bard ac elate. TIN, COPPER, ZINC, or. IRON coated with Liquid Hata Percha at small .exzense. Cost ranging from one to two cents per square foot OM Board or Shingle Boole ten cents per square foot, all complete. Material constantly on hand .and for sale by the PHILADELPHIA AND PENNSYLVANIA ROOF. INC/ COMPANY. GEO_ , HOBARP. 0c204m. ! 220 North FOURTH Street, GitaARV SERD.--Twantrave barrels Prime oa y Seed Malan and fur sale by WORYX4I,3I (CODA% LIS WalllaS WNW • VITSo2ieB di SONS, 4170TIONKSISS - ,MI.. • ,NOs.-187 and 14/ SWAN' WO oitats or eroono Azw,Eitaik memeera. As the -banse, evafrilligilDAY. Igoirdonlratoon frir. - RanclbUls of each:property IStrist~ittely, srd Do the Batunlay previtraS to Safe - saw ' c i kP.4" /muss Ln*.hlet, farm, gviar. frilldescriplemis,), :=-z TATE AT- SALIM Printed catalogues, comp r ising several- Andre& Durandollars, Including , every deocrip ,tion of eIV ,and country- property, from tiro eansatert awaits* , -to the most elegant 4usardona, elegant COMelfW-posta ,frrecis, brudnesanrouft,tice dsc. • ' • z g- a rcritzuTtrEt - Rains at the AuCtfwen SUM; //3/ - Particular attention given to Kahn, at Prltitte EAL ESTATE, SALE, NOV. 20. ' Trustees' R Sale-VEttr Vastrasme Buenquas Loc - A- Tiosr, No. .131. Cnestnnt st. west, of Thirteenth--two fronts.' Thls Is a very valuable business square. Trustees' Peremptory Sale-By Order of Court of Common Pleas-TWO-STORY BRICK DWELLING. -hO 1912 Beach at xectdors' Sale -Estate of Joseph. Heyser, dec,d , LAIte,E and VaLUABLE HOTEL, known as ' , Bar lay eheaff," Nos. 297 and 219 North. Second st., below Vine, Four-story nrlck atulding. No. 12.3 Vine st, and 2 Tt!ree-story Brick Dwallings-42 feet Irent, - 350 feet deep Plans at the auction rooms • , , Vnny VALUABLE BUSINESSTAND-FIVErSTORY OFFICE BOIL!, LNG. No. 19 9 outh Third. at , belOw Market. Orphans' Court Bale-Estate of 'Horatio G. Werra]. dec'd-TBREESTOtty BRICE DWELLING, No. 806 North Twelfth at. north of Brown. tseme Estate--THREE-S'/ORY BRICK DWELL: ING, No. 1 9 38 Heath a, • Sane Estate-THREE-STORY BRICK. DWELL ING. No. 854 North Trreldb st, north ot Brown. Executr rs' Sale-Estate ofJohn R. Worrell, dec'd- LOT Price street Germarnonm. • Same Estate-2 , TWO-STORY PRAMS! DWELL INGS, Nos. 92 and 93 Mercer street, Gloucester, N. J. GENTEEL HlthE-NIORY BRICK DWELLING, No. 131 Congress s'reet. , a B DIEMEN 0 LOTS, N. E. corner of Twenty-second and Vine sit eets. BUILDING LOT, Twenty-second street, north of Vine. V PRY VALUABLE BIMIN SANDS-a FIVE STORY BRICK S fOREB, Noa.I34 I:SA , 216 and 138 Market Street, east of Second, 4-) feet front. Clear of an in• nun brance. Possessio. of each Ist January, 1866- Peremptory Sale-By der of Heirs-THREE 81ORY BRICE. STORE di DWELLING, N E. nor. of A ndrees and Lemon streets, between 12th and 'nth and Mount Vernon and Wallace sts. deceased remptory Pate-E• tate of William Smit-THREW-STORY BRICK TAVEIt•N and DWELLING. N. E. corner of Second and Phcenix streete,with two Frame Dwellings in the rear on Perry Street. WELLSECITRED GROUND RENT, t 24 a year. TIMER-STORY BRICK DWELLING, No. 689 Logan street, north of Wallace. HODERN THREE-STORY BRICK RESIDENCE. No. Il2s BU - rint Vernon street LABGE and VA LUABLr• LOT, Costello street, near Bur's lane GERMANTOWN. GROUND RENT, $24 a year. Exact:dors' Sale-DEBIRABLE THREE-STORY BRICK P.ESIDitIiCE, No. 632 Race street, opposite Franklin Sonars. 2 THREE, STORY BRICK STORES and DWELL INGS, Nos. 1031 and 1033 Master street, Sale Nos. LT:, and ID South Fourth st. VERY SUPERIOR. FITRN ITURet, MEFTROR PLA NO FORTES, MELO • *EON. FIREPEtOOF SAFE'S CHINA AND - GIASSWA_RE, HAND ssaLE VELvE4r. BRussEt.s.E.E.STRY AND 01 ILEA CARPETS. sUPERIO STOVES, &c. ON THURSDAY MO At 9 o'clock. at the ancnon store, by catalogue., an Excellent assortment of very superior . Parlor, Dlning•room and Chamber Furniture fine toned Itcetwood Piano Forte, rose A by Fischer; superior Rost wood Mel( d.oo. ESP Mirrors. Pacellent Fireproof Safes, made by Evans & Watson and otters; fine China an , lass ware. Beds and Bedding handsome Velvet. Axminster, Tapestry Bruuels, Imperial and other Correa.. Desk, and l:fice rtirniture. superior Stoves or every description. chaodellefs. fix is,-,Sm• also, supt rlor Repeating i:Henrs'a pa:ent. Adm 11l is trato Sala No. 9.19 Ridge avenue. licasEs, pARTS. H s.R.NEn.S. dc. ON FRLDA. NNov. 16, at 2 o'ciccs. P.M., at No 919 Ridge avenue, Above Wood street, by order of sdirdnistrator6, three Homes. three Carts, Srdkey, Harness, &c. May be seen on the morning of sale. SALE OP A VALUABLE LAW LIBELABY. ON FRIDAY AFTERNOON. Nov 16 at she. auction store. commencing at 4 (folk., the veinal:oe Law Library of the late Stephen Bentln, Esq ndirg the Pennsylvania and otaer Reports. Also, a number of .ISii.evirensons Books. ItoY JOHN B. 'MYERS a 00.: A.UCTIowmk , • AJ Aoa. 2Zi and Ma PLARKST street. corntr al lant LARGE FORM - YE M A T.V! op Juo-rpa ja OERIAAN AND DOXIDEITIO DRY atalDw_. We will bold a Large Sale of Foreign and Donteett r Dry Gcm:wit.by canilotme, an four monllit. credit ane oart fo atab. ON TRURSDAY MORNING, November 15, at o'cl tapl ock, Ml:tlsirtMi:nr about, ea , agee and lots ol Se and Amoy clrs. we:. g worsteds, Baena. at.= and orttorut.arti tr N. R—Cutalormes ready and goods arranged to s s•ts Iran° , early an tbr , morning nf LARGE PEREMPTORY BALE OP EUROPEAN AND DOMESTIC DRY ',ODDS. NOTlCE—lncluded in our gale of TAUSEAT. November lb. wiL be found the Iblitradug DOMESTIt.s3. Bales bleach , d and brown sbeetings and shirting's do all wocl white bed blankets. gray and bine do. co all wool white and scarlet domet and shirting flannels Cases Canton and miners' Bar nele.Kentnetyjaana. do Amer can prints and dela/nes Bob Hope dn 'Manchester gingham., and plaids, Jilennefa, do indigo blue ticks. checks stripes, denlran, on bleached anbric:4d cord drills. sileclas, comet t teens. cam - do cloak in A. casArn ores. ratintts, kerneys. &c. A.NT MAIDDRS' 0001)s. Pieces English, French and Barony black and blue all wool and Union cloths. do French Fancy Cloaking% Coatings, Casslmeres do Frtncli all wool btk and col'd Paietots do castors. mosoows. Enrlnirdann.ChinchlEas. do Aix la Chapelle black doeskins and TricAs do London Pilots Astrakhans, Velour+. Ratinet. do bit and cord balinns .s iad satin de Chines, VNEICF,i, WHITE GOODS, &c. Fatl Ibleablenebed and brown damasks, bird's eye diaper._ Full If nes Irish shirting linens. Ratitsle9 sheeting& "Full llaes bleached and brown cram, canna, towels, cloths. Fall linesjaconets. cambric% nainsooks, shirtfronts. DRESS bOODIS. SHLEB, Pieces Parts Plain and Printed Merinos and Detainee, do Parts silk chain Poplins, Poll de Cherres do blk and cord Alpacaa, Mohairs,Cobures.Reps, do black and colored !Impress! cloths, Persians, do Taffetas, ros do Rhin. Pont! de snip% ae. 15.0(0 DOZEN HOSIERY AND GLOVES. Full lines women's and children's breached, brown, colored and fancy fleeced hose. Full lines men's, women's and children's merino, Berlin, mcbmere. cloth. silk, cotton and peg knit clovas pontlets and mitts, plain and fancy fleece lined EarlCE—We Solicit the attention of dealers to the above line of 'Hosiery, Gloves, dc.. comprising very full assortments of a well known and very favorite make including all gradfs. snitable for present sales. also, flattery and Gloves traveling and louder shirts and drawer's 'awing silks, patent thread, silk ties and scare. umbrella dc. ' LARGE POSITIVE SALE OP OARP3ETINGS, PRAY Nov. 16, at 11 o'clock LD , will MO be sold, RNINbyG, catalogne, On four months' credit, about 200 pieces of unnierdni and fine ingrain, royal darn gat - Venetian, hat, Dutch hemp. cottage - and rag carpeUnge; embracing a choice assortment of superior BOOM which may be elan:Mitt early on the morning of sale. WOOLEN SHODDY. Also. 43 bags light blue dark and light bine Inized r e. ,:ra good and waste Woolen Shoddy, LARGE - .7 11Et3331: " ( YRY BALE OF /MINOR AND EUROPEAN DRY GOODS..to. n m iri tt ;NDAY MORNLNIA, NOV. ly. At 10 be-cold, by catalogue, ON BODE MONTHS usmo lT , al.: 1370 o iota ofFronch, indla,Ger• man and British D ry 0 0 ,:ds, embracinf i dill aseort meat of fancy and staple ai. t icle 3 hi klq, worsteds, woolens, linens and cottons. N. E.—Goods arranged for and cats logues ready outs On morning of sale, ' MAIM POgITIVIC fIA_LE IyZIS, _ECHOES -- BHUtiANB 2RANRI7IIit; IitRITEC itet. ON 'rums DAY MORNING, NOV. 20. At 10 o'clock, will be sold, by catalogue. on !Oar Moths , credit, about LIMO packages Boots, Shoes, Rai.- morals, &c., embracing a prime and fresh assortment of firsttLagg eltyEastern manufacUm. Ones far ersminatian. with catalogue, early on the memos, cf sale: Davy HARVEY, eIInYTIONIIIIT.B. (Late with M. walnu t St Bona.) Store No. 42 entreat FIJIOII7TIBE &ALES at the Store To 1 * 54 T. - In , t AT RESEDENORS will ecetve attention. Bale on the Premises. MODERN RESIDENCE AND FURNITURE. No. 61E North Twenty-second street. On THURSDAY MORNING Nov. lb, at le o'clock, on the premises, all that Three• story Brick Residence, with two-story back building ana Lot of Ground, Twenty-second street, below, Wal lace street, 18 feet front by 84 feet deep to a three feet wide alley leading into Wallace street, including a lot in the rear not fenced in. The house is well built, has high ceilings, newly pa Peren and' painted, marble mantels, hot and cold wa• ter, bath, range and heaters. bub3ect to a mortgage of WOO. Immediately alter will be soldby catalogue-- In:m:Am riTRNITURE, HANDSOME CAR. PETS. CHANDELIERS BRONZES, PLATED W.ARE, ENOKAVINGs: dm. Comprising elegant Parlor, Chamber and Dining Boom Furniture. made to order and equal to new, uhandeliers, real Bronzes, flue Plated Ware, rich Ta pestry Osrpets, suit Cottage Furniture, Kitchen Erten The furniture may - be examined on the mortdee 01 Bale, ate o mock, . TM ~ s .xercnPas. mozurs" IiRTABLIPHM/iatl. S. E. corner of METH and P.A.CE streets. Money advanced on Merchandise general], Watches, Jewelry , Diamonds, Gold and Sliver Piste and on all articles of value, ibr any-length of tins Wr TOB:103 AND JEWELRY AT EMMA= SALE Fine i3old Hunting Ouse,. Double Bottom and Opsi Face Pinne d English American and Swiss Patent Besves - Watchee,• Sold Hunting Oase and Open Face Ls pine Watch= Fine Gold _Duplex and other Watches Fine Sliver Hng Cue and Open Face Ensile... American an S wim Patent - Lever • and Loptue Watches: Double Osse En_glish Quartier, and orbs watches; Ladies' Pansy. watches: - Diamond Breast' g= 2l /ler Ringis; Esx Studs , %c; Fine volt, • Medallions ; - Bracele • Scarf Pinsi _Brow: Pins; Finger Rings; - Pencil Cases. and .Tawatry gine POB BALL-A large and splendid Firspfttlt Qll ti' suitable for a Jeweler, price teat Also, several Lola in Wirth Datadlial' Fink a 30 , ,. Chestnut Streets. at , WWOQ/ 4 MMI.)IIg,, Airionow:tudi Ado ifitiCiebf a rz,'AtitIELONNIGNm, NO 422 wes.Totterec. TWELFTH' FALL SALE or TEir 141Ebef WEB. 6.Eft,MANTOWN. • This Sale. on the preznieve.OermantOwn On SATITS, DAY AFTEItNOON,.Nov:fr at•al Velcicir. precisely. iICLIPIBLE BTILD;NG Lo7§, Pulaski avenue, Wayne avenue and Neva:Murat. - • .la. The location of these Tract+ of Land is high - and intiging for improvements; elegant , and , auteatantial, reSi# CenCell surround /bent, the advary Church. is thi•el-vuarfers of a squat • • ; ES. Only onelourth of the purchase money rep' - Llthoiraph fc i3fati at the titors. Vt. The sabstrill be without reserve, by direction of too JlLtecutore of Edward R , ya., de&d. • , r•- , , FOIDITENTIL FALL SALM ,A.T.T.EEE EXCHANE. bOVEmitEB, 21: Thin pale. on 'WEDNESDAY, at 12 O'clock noon. as thbitraf 4 anM Wlll'lncluctP the ionowlng , Shire in the Mereantlle Library. PARE AM' ST-A frame' tome 'Pertain et., Third Ward, 17 by 60 Jeet. Panel' lot subject to pa =ground r. et; Orphans Court Sae-.-Ztate of Nicholas ray. NO' 813 BIYTTONWOOD ST-A two story Brick Dwelling, 17 by 103 feet 9 Inches deep. Clear. 2..r.eicu tor s , S oe.Fatale orWro S Kinsey deed, PRop.E.RTY, N. zovniTa ST, Frame Houses aro large Lo 13.170 s 2023 and 26251`. 7th St. 50 , by 183 feet., Clear. Ex,ecutore Peremptory q.rEg e—ate of John Gest, deed, - Sheriff's Sale at tbe Washington Reuse TEE ItICITIRE' FURNITURE. 'FIXTURES. LT (WOES. LFASE. Ate THE WA4RI NGTON 110178 E, NOS, 7h9 AND 711 CHEST:S:I7T TUINDAY MORNING- - N0v.20,1866 at 10 e clock, a - 111 be sold at public sale. by order of the Shelff, at :C.% and 711 Cheatout st...the entire Furnitu Furniture Washingt,.o House. including elegant Parlor, Piano, Chamber Furniture. bedsteads, Bureaus, Carpets, Looking Masses Hair 'Negresses, large lot of very superior Fe sther - Bedsand Bedding, the entire FED= a ;tore of about 100 chamh.sm _ I.IENINGROOM FURNITURE. • Also. the Silver Ware, china Ware. Knives, Forkil.-. Table I.lnen,..ku. ..= LIQUOIiR Also a cboire collection of Wines Brandies, 4 3ins, Whiskies; Cigars. 45:c FIX h(), the Gas FixturTUßes, ES. thandeliers, Awnings. Lamps, Kitchen Utensils &c MARBLE EAR' • Also, the Marble tar and Nhelves.FireproofSafeekc. LtoASE Alec. th. Goodwill and Lease from the Ist of Salta bi- ant. 18S7, for three year?. Va. May be examined with catalogues three days ~ re tne Bbleriff.lS. Sale without reserve or limit, by order of the • rrEtomis Bram BON AUOTIONERes Ajcz ominnsatox iscirmarAmvs, Bro. mo canwrisruT west, (Bear entrance 1107 Bansom street.) 1101:18vHOLD PUBNITURE OP EVERY DN. SCILEPTION RECEIVED ON ooNsicimporr.. BALM EVERY FILTDAT,MORNINO., , • Sales of Ptuthlture at DweLly nye attendee to on a* roost Reasonable TCII9II. _ SALE ON REAL ESTATE, STOOKS, &0., A.T.TED EXCHANGE. THOMAS BIRCH .4 SON respectfully Inform Nut. friends and the puhllc that they are prepared to (Mew to the sale of Beal Estate by auction and at private alb, Sale at No. 1110 Chestnut area. NEW AND SECONDHAND HOUSEHOLD Fp-BM- TUBE, P1..1C08 _nlo3S_ . ETS_ _oN c At 9 o'clock, at the auction store, No. Me Chestnat e:ri et, will be sold— A large assortment of superior Parlor, Cbamber and. Dining, room Furn!ture from families declining house eepl, g. ELEGANT` EBONY 'AND GILT FURNITURE: Also, cne elega , snit of black and gllt Parlor Forint [um, consi.ting ofTe'e a-Tete and Chairs, satin broca telle; Cabinet,