GIBSON, PEACOCK. Editor. VOLUME XXIII -NO. 75. end; and it is a great fallacy to substitute, uni formity of regulation, for a free and: equal election. This is not a new question—a registry law for tlio city and county of Philadelphia was passed pn the Kith day of June, 1836. The list: of voters corrected and certified on the first. Tuesday of October, one week before the elec tion, was made ’tf/ie only and conclusiip evidence* of the qvuUJiealmisof the electors, thereof, except irt the eases of naturalization hereinbefore men tUmed” ... : No attempt was ever made to question the constitutionality of the Registry Law of 1836, though enacted under , the provision of the Constitution of 174)0, now in force. It was in force when the Convention to amend the Con stitution sat in 1837-8, and entered largely into its The attention of the Oonven . i. i -——r-:• ‘ tion was thoroughly aroused to it. In Commit- Patterson, et al. vs. Barlow, et al.' In this j tec of.the • Wlrofe ontte.wqiOTt -fffoe-ttMK easc.broughttotesttbeconstitutionalityofthe | ltegibtfy Law, cJuatice Agnuw, tub* inoi’inng,jjy adding a provision .for* uniformity in the road the following opinion: j lor electiona. It was voted clown, Acnow, j.—*AVe regret that the necessity for j and when the report came up on secrad read an iuinjcdiate decision In this case has allowed i ing, Mr, again The SO short H time for the preparation of our amendment willhe found on the 249th page ot opinion; and that-the public Character of the the litlr v olume of the Dehates ef the Conveu questious demands a treatment too full to be j tion, in these words:-‘‘Tbe fifth section being compatible with brevity. , ! under coiisideration, which reads in words for The piaintifls areunvate citizens, electors : lowing, viz.; 6EtvB. That elections shall be free of the Commonwealth, tax-payers, and holders and erpial, Mr._ Stengere, of Montgomeiy, of real estate in the city Of Philadelphia. By moved to amend the said section bv adding to their bill they ask us to declare illegal and! theendthcreofthewordsasfollows.v-iz.— void an act of the General Assembly passed I The election laics shall be uniform throughout the tlie 17th of April, 1869, supplemental to the l State, and no greater or other restrictions shall be election laws of the Commonwealth, and to [ imposed upon the electors in * any city, county or ciiioin the Councils, Aldermen. Commission- ! district than are imriosed on Vie electors oj emery ere. Controller and Treasurer of the city from other city, county and district" carrying its provisions into effect. The dc- Mr. Stengcre: stated that this amendment lembuits denv the standing of the piaintifls was oflered m Committee of the Whole, and as proper parties and the jurisdiction of the was rejected by a small.majonrtr. John M, Courfover the subject. In view of the danger Scott, of the city of Philadelphia, said this to the peace and quiet of the people if amendment was fully discussed in Committee the constitutionality of this law sliould of the Whole. Itshoidd be underetood, he be left in Uncertainty, we shall pass by the said, that itseffectwouldbe to destroy Vießegistry questions of standingand jurisdiction in order Loir m the city and county of Pluladelplua. to reach tlie fin-important one upon the VaUd- Mr. Charles Brown, of the county of Phila ity of the law. In passing them by we do not delplna, said lie knewr.no reason why the law mean ft lo be inferred that we have not grave should be different iu one part of the State doubts of the rights of the piaintifls to repre- j from what if is in another. The previous sent tlie public, and of our own jurisdiction to qucstioii was then called, cutting off the enioin against one of the political systems of oniendment, and was sustained liv a vote of tlie State in its entivescope, because of tbl- in- 09 to 42-a number of the political friends of validity of some of its provisions. We doubt Mr. Stengcre and Mrrßrown voting in the the right of the plaintifiH to call for aninjunc-j majority. Thus the oth section of the Jth tion IR-vond that poition of the Jaw which I article was left as It; stood in the Constitution they, as private citizens, can show to beinjuri- i ol I*l ft, to wit:-“That elections shall be free uus to their own rights, and it is more than j and equal. This was no party vote—the doubtful how far, its private citizens, they can j of parties iu the Convention impugn the law in its public aspects, and ask | being it, and W>, and it should put an end to all ils to restrain its execution on public grounds. | argument on the eonstitutionahty of the This is the onlv system to regulate elections ) Jlegistiy Law. - ... ™. inteuded bv tlie legislature to tie left in force; \ The question of umfonmty of regulation was all laws Aipplied by fC add all iucofttfSfont ! conclusively settled by this vote. The very with it being expressly repealed. If, as |pm pose ot the amendment of Mr. Sten a Court'of Eqmtv, wo can lay our hands on cere was to destroy the Registry Law, the whole system, bf.-oau.se of the illegality-of j then existing under the identtcai in some of its parts, we can, on the eve of any i the <- oi>stitunon ot_l<_9o, that elections shall be election, arrest tlie entire political machinery j free and equal. 'Tins pimiose was brought of the Commonwealth, which is set in motion disti nelly to yicvv hy. Mr, .Scott, and tlie con bv a general election. This is a stupendous j volition by this. vote decided against utufpr mwer; and to see its true aspect, we have only- j mity of regulation and against imposing re io suppose the act of 1839, and its supplements, i stnetions upon legislative power. - ■ iolmstill in force, and that this bilHs tiled to-y-: lawty**» upon the power of enioiu against it ou the ground of the alleged } the Legislature to pass a ECgstry Lawwas illegality of some of its provisions. As a ques- brouglit before this court in the case of Page tion of power, we would have the same right >t >'i rs. Aden et. al., and'a majority oj tlie to enjoin against it, and thus, to stop tlie court (composed^of Justices. Strong, Read and wiie,eii of. government. Seethe Suite of if is-, tuyseU) held that tlie power' existed; but Jus "vs. Andrav Mamie, i Wallace. ( tice Strong thought the act, of 1868 unconsti- We come now to the important question, tntional in a single, but essential, particular, \vbother tlie act of 17tli April last, called the Ke- by requiring proot ot a residence,m the dis 'istrv Law, is constitutional ? it is admitted trict longer_tfian the constitutional period of Hint'the Constitution cannot execute itsell, ten days. That law was, therefore,, held to be and that the power to regulate elections is a unconstitutional tea majority, Justice Bead legislative^one, which lias always been exer- and I dissenting. The decision, therefore, has ojfed hv the General Assembly since the foun- no bearing on tlie general question. iLation of the Government. The Constitution That a Registry law to identify and distin- tlrertttih of the "eneral election; pre- guish true electors is constitutional we cannot tlie quaUficiitions of voters,and enjoins doubt, and that ,tnifom,_ regulations are not the ballot • and for all the rest the law must enjoined by the constitution is beyond all dis- P Bnt is there a necessity for local legislation adapted to the city of *Maddphja, nots.ut iwidenceofoiereous ami qualifications*, ranstraiH-ttlifettrtJther parts of the State? If not why be prescribed by law. This undoubted legisla- j is a city charter granted, with all its large tive nbwer is left by the Constitution tp a dis- i powers ot local government, its special pro eretiou unfettcrcd-hy-rule orproviso, save the ; visions for ..police, and/lor conduct. Where i unction “fbat elections shall be free f population- greatly"abounds vice and virtue ” : have their greatest extremes. A simple rural tVTwbnm-ire the eicetions free? They ! population needs no night police and no arc free onlv to the qualijii.il electors of the lock-up. strumpets do not nightly Commonwealth. Clclrlyf they are not free to traverse the tW,rted h the farmer thf» imminlLfied There must bo a means ot -Low inns restaurants, sailors ooarumL !listincuishlng tlie qnaliHed from the unquali- houses and houses ot ill-fame, do not abound thiSAn hi done onlv bv a tribunal to in rural precincts, ready to pour out. on elec decide and bv evidence upon'winch a decision tion day their pestilent hordes of imported T'hf* Pnn«t2tution does not pro bullies and vagabonds, and to cast them multi must plied upon tie polls .to vote In large ,„i\iiui, tlw, tribunal and the lucaus of ascer cities such things exist, and its proper taining'who and who are not the qualified population therefore needs greater protection, taming wno arc am« wu evidence and local legislation must come to their relief electors, and ‘ t ,i lis tribunal The treislom and equality of the ballot-box which shall f tho e ] ect ors must be protected from the local causes which SSSSSSJRSSm* v.tf.'.h.n oti.™, ;V Ul t'c 1 the th Ulre ’ S C? would th imMmw d/'dl this“reedom anil equality be be “to place the vicious vagraut, tlie wander- Tile I’JJJfmitution has given no rule ing mobs.the Tartan hordes of our large cities, secured. The Const timon h£S given no ime with the virtllons and good man iV Ul r^,,Htinns this shall be uniform, on a level with the industrious, the poor ami 'V nlpnr of the nov?erw£ch country on the other? Is the Cohstitiition ot pahle and clear abuse o p men p lvania g 0 deformed and stenle.tliat her actually re- ! Jaws cannot protect tlie ballot-box of a city 18 "°i Vw ’is freedom ®aiul eoual ty of 1 from falsehood and fraud, because they admit timre . tb J . t )n e Nolmi an law I of. but one unbroken system for the State? el «- Ct £ a Such an interpretation of the Constitution is sssysssassS , “&?£& asra’&s sSS'lSsil PecSoLs e thi? id Aground OXel ■ CiSe,l ° n ' y ' rf Thus the ground on which the case was —placed atvYitlWius is swept awayjrthejiostai lts exercise. T! ic f u ?el ec torso f the late of the learned Judge being thatumformity equal w here all of the quaUfied electo s regulation throughout the State is a demand precinct are joawjfully clistxiigriishtKl frewn the o f ( , oMtituti « n as the equivalent of iraud. It ds, therefore, _ , jundamental position is overturned, and with - ssrsj©i®BSr4&s..i..4i& / s&siissg«i£SB«ia'sSiwJ£r regulations to attain it are the means. It the times ten it is not their difference eimbe attained, it is evident no question of 01 ten tinea ten, it constitutional law canariseou the wnitorunty rence \ n regulation is not want of equality in or diversity of the regulations hy whiel the election. Me who would prove them to he sessmwsssm system secures to . electors a free and equal protection. ejection, but foils to secure-it, in another part„ j the Logislaturo possesses an un • because, of the difl'erence of circumstances, j doubted authority, to regulate, such as in .this what principle of constitutional law makes it i case, its discretion is not the subject ot review, unlawful to enact other provisions to couiitev- 1 This is expressed by Black; J., in SharpleM vs. . act the circumstances!-.and-Hecure tho. -tmo. | the City ot Philadelphia, 9-Harris,- in -tneso purpose of the Constitution? Good sense, 1 words: “There is another rule which must good order and sound morality require this govern in cases like .this, viz.: Thatwe ean. de. diversity of regulation when it secures: tlie clare an actor Assembly void:only when it TIIE COURTS. THE REGISTRY LAW. DECISION OF THE SUPREME COURT THE LAW CONSTITUTIONAL THOMPSON DISSENT lJentli Blow at Election Frauds PHILADELPHIA, WEDNESDAY, JULY 7, 1869. violates the constitution dearly, palpably, jdainly, and in such manner as to leave no doubt or hesitation in our minds. • This princi ple is asserted by judges of every grade, -both in the Federal ana in the State Courts, and by, some of them it is expressed with much solemnity of language.’* Ho refers then to « Craneh, 67; 4 Dallas, 14; 13 S. & It:, 178; 12 S. & It.. 33!); 4 Binucy, 123. See also the opinion ot Woodward, J., in Givin vs. Common wealth, decided at Harrisburg in 1868. We come now to the question, what pro visions of this law for the regulation or the: city elections, if any, are subversive of the riglits of city electors? The number of these objected to is few, after having disposed of the ditlcrence between city and State regulations. Much stress has been laid on the rightof the people to elect the oilicers of the elections, and much said upon popular rights, .which might well be addressed to the Legislature In making or reforming the law. But unfortunately for the argument the people have by their Con stitution disposed of all such appeals when ad dressed to us. What clause of the Constitu tion forbids the officers of election, the can vassers or even the assessors to be appointed | by a board constituted by law, whether it be a j Board of Aldermen or a Board of Commis sioners? Let the Constitution itself answer. Alt. 0, See. 8.—“ All officers whose election or appointment is not provided for in this Constitution, shall he elected or appointed as shall be directed by law.” Here then is a law made nnder the direct sanction of the people thtibselves.expresaly given inthe Constitution. But it is said that the law is unconstitutional because the Board of appointment in this case' (the Aldermen) have a majority in it of per sons belonging to a particular political party, and the argument omitted to say, a majority which is the result of popular elections. This ground of unconstitutionality of a law because a Board created by it is composed of individ uals of different political opinions, with a mar joritv in a certain way, the result of popular elections, seems to belong to an age fruitful in discovery. How is it possible that any board composed of men can lie organized without ar majoritv inpolitical opinion in one way or another? To' the party in the minority such a board must always be unconstitutional, ifsuch arguments were to prevail. But clearly it is not unconstitutional and not unfair to designate a Board of gentlemen chosen by the people to administer the laws among them. If these men he unfit agents it is not the fault of the Legislature, but of a people who will elect such men to administer justice to themselves. The law binds the Board 'ol' Aldeimen to appoint the officers ot the election so that the political parties having a majority in the election division shall have a majority of the Board. It requires the can vassers to lie appointed, so that each party will be represented' in the several boards of canvjissera, adding a supervising power in the courts to correct errors. What fair mind can pronounce this an abuse ot' Legislative power, so gross, so payable,' and\so plain as to become an unconstitutional act? Said Chief Justice Marshall: “All power may be abused, and if the fear of its abuse is to con stitute an argument against its existence, it might be urged against the. existence of that wlii cb is universally acknowledged,and which is indispensable to general saefty.”—Brotcn vs. Maii/lcmd, 12 Wheaton, 441. Tlie argument that the Aldermen, being judicial officers, cannot be compelled to act, is of no weight,aiid was ao regarded by the whole Court in Parje cl al.es. Allen, el al., decided last year. The position Would overturn our own acts as judges In the appointment of prison, penitentiary and building inspectors, commis sioners to take testimony, and other officers. Tlie practice is sanctioned by a century of use. The lower courts fill all vacancies in county and township offices, such as commissioners, auditors, surveyors, district attorneys, consta bles, supervisors and overseers of the poor. Tlie Associate judges constitute apart ot the mi li tarv boards under the Bounty and Provision laws, and the boards for the revision of taxes, and the judges of the Judicial Districts ap pointed the Revenue Commissioners. Be sides, the aldermen have not refused, and it is not likely thev will refuse; and what authority have these plaintifis to gainsay their right to act, or to nut in .a refusal on their behalf? The truth is, the whole weight of tills objection consists in the fact that the majority of the Board,representing the popular majonty.hold opposite opinions to the plaintiffs, and when a j new deal of the popular cards turns up a dil- j ferent majoritv I suppose gentlemen of the I opposite party will use the same argument. The next objection urged with equal,perhaps greater zeal, is that there is no provision for assessing persons in the city after the 20th of September. The purpose of this regulation is I obvious; it is to cut oft the unqualified persons ! who are imported into the district to displace the votes of the true electors, bv taking a period for the latest as sessment sufficiently distant from the day of election, to render it inconvenient and difficult for these hirelings to obtain a false qualifica tion. But wbat clause of the Constitution re quires the assessment of taxes to be extended to any period? It is a new discovery that the system of taxation must be subordinate to that of election. Neither the Constitution of 17! 0 nor that of 1838 prescribed any time for the exercise of the powers of taxation, though both use the payment of tax within two years as the means of distinguishing the true elec tor, and as an evidence of his residence and membership in the community. It is a great error in constitutional law to mistake a re striction lor an injunction. When tlie Con stitution provides that the elector shall have paid w Uhmtwo years a State or county tax, winch shall have been assessed at least ten days before the election, its purpose was to restrain the assessment so that voters might not be fraudulently made at the very polls; but it did not require the tax power to be al tered so that assessments should be compul sory down to the tenth day before the election. There is no express injunction, and it is not even a fair implication. The rights of the truo electors were well protected when they were allowed two years pending for the payment of a tax to secure their qualification, a period in cluding certainly two, and it might be three, annual assessments. To this the law adds an extra assessment at anytime before the 20th of September. Tlie time of the assessment of taxes is part of a different system—that of tax ation; and the Constitution has nowhere said it is to be subordinated to the system of elec tion. This time belongs to thesodhd discretion of the Legislature, and shouhrbe regulated with a regard to what they believe the best interest of the citizens. If the Assembly be lieve that the, best means to prevent frauds in the city elections is to increase the period for the last 'assessment,it may be done—the only constitu tional provision being the restriction that the tinie shall not be less than ten days before the election. ... - The alleged double taxation scarcely de serves notice. The system of annual taxation has marked the whole history of the Govern ment. He whose name is on the annual list, and oh whom a tax is assessed, is clearly not to be listed a second time for taxation.. He, is to be listed for the election. . The first list of electors is to be made be fore tlie Ist of June, and being made by the same officers, is evidently intended to be made in connection with the original assessment. If an elector has been already taxed, his tax will be transferred to tho. list of electors; if not, the tax will then ho assessed in order to per fect his qualiflcatlonsas a voter. When, the . law is so easily harmonized, it is a forced con struction which exacts a second tax from one -whoso name is on the original list,—- - The extra assessments on the subsequent lists are evidently required to perfect the elector’s qualifications.: OUR WHOLE COUNTRY. It is argued that the provision of this act which requires the assessors to omit from their lists all boarders at hotels, taverns, sailors! boarding-houses andnJstaurnnts; and all per sons not qualified electors having a fixed residence in the division, is unconstitutional. It is said that a large class of electors is thus excluded from the list. This is a palpable error. . The law forbids the assessor to take down the names Of such persons, to prevent the frauds known to result from taking down lists of persons given in as hoarders vvnon no such persons are. residing at the hotel or boarding-house; Butitnowhere forbids these omitted persons from ' being; placed on the registry at the proper time, and on proper evidence. On the contrary,a mode Ls provided to enable every lawful elector to be registered by application to the assessors or to the can vassers. Clearly,the feature complained of is a useful provision to protect the rights of the true electors of Philadelphia, ami to reach the unqualified persons found at such convenient places just upon the eve of an election, when their votes, are needed by unscrupulous men. Its purpose is to exclude this fraudulent ele ment, by compelling all persons not known householders and fixed inhabitants to come personally before the proper hoard and make proof of their right. True, the omission re quires of single men, clerks, journeymen and transient boarders a greater vigilance to secure their suffrage, but the hardship is not imposed by the law, nut by the necessity wluch required it, in order to protect them and all other honest electors from being supplanted by fraudulent votes. What clause of the Constitution for bids this power to he exercised according to the exigencies of the circumstances'.’ When the population of a locality is constantly changing, and men are oiten unknown to their next door-neigh bors; where a large number is floating upon the rivers and the sea, going and returning, and incapable ol identification; where low inns, restaurants, and boarding-houses con stantly afford the means of fraudulent addi tions to the lists of voters, what rule of sound reason or of constitutional law forbids the Legislature from providing .a means to_ distin guish the honest people, of Philadelphia from the rogues and vagabonds who would usurp their places and rob them of their rights? I cannot understand the reasoning which would deny to the Legislature this essential power to define the evidence which is necessary to dis tinguish the false from the true. The logic which disputes the power to prohibit mas querades m elections on the ground that it af fects their freedom or equality, must also deny the power to repress the social disorders of a .city, because the same Bill of Rights declares that all men are free and equal and independent, and have the right of pursuing their happi ness. The power to legislate on the subject of ■'elections, to provide the boards of officers, to determine their duties, carries with it the power to prescribe the evidence of the iden tity and the qualifications of the voters. The error is m assuming-that the true electors are excluded because;' they may omit to avail themselves of the means of proving their identity and their qualifications. It might as well be argued that the old law was unconsti tutional because it required a naturalized citizen to produce bis certificate of the fact, and expressly forbade his vote if he did not. What injustice is done to the real electors by' making up the lists so that all persons with out fixed residences shall he required to ap pear in person, and thus to furnish: a true record of the qualified electors within the dis trict?. ■ ''' ' ... In , connection ' with this subject an other feature is mentioned as a hard ship, requiring the proof of residence by two witnesses, who must be house holders and electors. But hardship is not the test of the constitutionality of a law. This case is no harder than the law which requires a will to be proved by two witnesses before a man can exercise his more precious right of disposing of his property among his children when he comes to die. Both laws have the same purpose—protection. One would pro tect electors against fraudulent voters; the other would proteet the-dying manuagainst a fraudu lent will. Another complaint is made of unconstitu tionality, on the ground that tho canvassers are required to strike oft' the list the names of all unqualified persons, if, upon due inquiry and investigation,..they shall find them to be un qualified; but, in the absence ot the person,they can only do this on the testimony of at least two reputable citizens, who are private house holders. The argument is that the law is unconstitutional because the canvassers might abuse their . powers. Thoy are not permitted to strike oft’ any unquali fied voter, and if they do he has his re medy at law to compel them to restore his name. The canvassers are a legal tribunal established to decide on evidence of qualifica tion, are sworn officers, and are required to proceed in a due and proper mode, and decide on sufficient evidence. But a law can be pro nounced unconstitutional only when the law itself subverts the true elector’s rights, and not because the tribunal acting under it may make mistakes or even abuse functions. All tribu nals of every kind could be set aside upon such an argument. The language of Chief Justice .Marshall may bo again referred to on this point. , Another ground much urged is that the pro per time for ,tlie proof of the qualifications of electors is the day of election, for then only, it is said, the period of residence is complete, and from the nature of the facts this; cannot be shown before. Grant-it. But this -posi tion is taken in mistake of the very law before us. By this law it is on tliat day, the election day, the Election Board sits to re ceive the vote and the proof; then the elector appears before them and proves his franchise; then tlie evidence is produced and tlie deci sion made upon it. But what clause in the Constitution forbids the means to he provided beforehand which furnishes evidence of the fact? What clause forbids the making up of a record ten .days before that shows that the -person offering his vote to the Board was ail actual resident in the precinct ten days before, and was then set down as entitled to claim Ids privilege on the (lay of election? Why is such a record not good evidence that his resi lience actually began in the district or pre existed there'ten days before the election? It certainly does not diminish the true elector’s right, hut, on the contrary, tends to secure it. It is better evidence than the testi mony of some irresponsible and base perjurer, brought to prove a false residence at some low boarding-house. The record has the merit of truthfulness, and it relieves the true and honest electors of those unfounded and malicious objections to his vote made by par tisans of. either side. Here is the legal proot that his residence in the district began m the due constitutional time, - What better proot can there well he of a residence complete on the day of election than the personal appear ance of the elector on that day, claiming his vote, With Ills • ballot in one hand and tho registerin the other? It is good evidence, for , the legal presumption of residence arising from supb proof is violent. ■ ~ But it is unnecessary to discuss this subject at greater length, The want of time to con dense the argument has made this opinion al ready too long. Enough has been said, to show that free and equal elections aro tlio true end to he secured, and that tlie system of laws re gulating the elections is only tho means of securing the end; that tins system • of, regula tion is, tho subject of legislation overwhiohthe Legislature exorcises a sound discretion; that no clause in tho constitution requires unifor . inityofreguiation,ori>rohibita legislation act cording to the obstacles which different locali ties present to prevent a free and equal elec tion; and that it is a mistake to substitute uni formity of regulation for the free and> equal election which it is the object of the regulation to secure. We have also shown that, none of. the features'of this Law subverts tlie rights of the true electors of this city, and that is the only test of the constitutionality of any provi- in,the law. It is true there Ls a kind of liberty tins Regis-; try Law will destroy. It is that licentiousness, that adulterous freedom which surrenders the polls to hirelings and vagabonds,©sitensts from home and honest industry; men without citi zenship or stake in ■ tlie government; , men ■ who will commit perjury, violence, and muf dcr itself. To prevent tins is the purpose.: of this law,and it should have the aid of lair men of all parties to give it a fair trial, and secure its true end. Id may have defects—doubtless it has; and wliat system devised by the wit of man has not? But its defects, if any, Should be remedied as they are disclosed, by expert - ence. Tlie law is not unconstitutional!. It is a part, of the political system of the .Slate, on which its offices and its very continuance de pend; and wo, as a Court, have no right; to put hands upon tlie w&oie system on the grounds of more hardship,aiulfor defects of regulation which are not clear or palpable violations of the letter or very spirit ot the Constitution. The decree of the Court o£ Eisi Prim is re versed, and the special injunction dissolved, and the case remanded for further proceedings. Thompson, C. J., and Sliarswood, J., dissent. Supreme CounT.—Chief Justice Thompson and Justices Read, Agnew, Sharswood- and Williams.—The following judgments were entered this morning;:—Commonwealth' of Pennsylvania. Ex. rel. Attorney-General’ vs. James'Gamble: July 1,186!t, this case came on to he heard at an adjourned term of the Court holden at Philadelphia; and was argued by counsel on demurrer plead on the part of the defendant; and now, July‘7, TBIKI, rb is considered and ad judged that judgment he and is hereby ordered to be entered in favor of the defendant, and against the Commonwealth, and that the de fendant be discharged hence with his lawful costs. The Chief Justice announced that a written opinion would he filed hereafter. The judg ment entered this morning determines in fact that the-act of Assembly passed at the last 'session, repealing the act creating the Twenty ninth Judicial District, audl transferring Ly coming county to the Fourth District, is null and void, being unconstitutional. Judge Gamble therefore retains his office as Judge, to which he was elected by tile people of the Twenty-ninth District, as created by the origi nal act of Assembly. THE OBAXD OLD ABJIY OF THE PO TOMAC ONCE AGAIN IS MOTION- f Correspondence of the Pliilft. Bvenlne Bulletin.l New Yoke, .July 5, 1869.—The grand old Army of the Potomac is once again in motion. It certainly could not be said l that “all was quiet” along the lines of this army to-day. For never was there more hearty rejoicing* fun-malting, and I might almost say tears shedding, in camp or in garrison. Why, imagine' such a congregation of brave, true. soldiers! In entering the Grand Opera House, this morning, I saw a scene which I shall never forget. The hall was fes tooned with flags and bunting; the magnificent battle-scene of Gettysburg, byWalker; shields, sabres, cannon, muskets, bugles, drums, adorned the hall; but, above all, here were the true and the brave. On the floor wo would, meet an old companion with a wooden leg or an empty sleeve; but he even could not help being cheerful to-day. About eleven o’clock the ball was filled, and Gen. George B. McClellan called the com rades to order. Many in that hall bad. not bear'd hiiii give a command since Malvern Hill or Antretam, and it did them: good to>see once more their brave and loved, commander. And here were our corps, division, brigade and regimental commanders. Yes, and. here was our captain and our lieutenant, hero our /bugler and our “hunky;” all on the same-level to-day—all happy in seeing’one another again. uniaeine such men as McClellan, Sheridan, Meade, Burnside, Wright, Hartsuff, Torbert, Chamberlain, Heiutzehnan,Buggies, Jackson, Hunt, Slocum, Franklin, Ingalls, Webb, But terfield, Pleasanton, Owens, Myers, Shalor. Cochran, Locke, Newtpn, Davies, Mott, and a hundred other braves—all here, all together, and all happy. Yes, and here wore represent atives of the Army of the Cumberland, the Tennessee, and tho Georgia, to grasp hands with the hoys of the Army of the Potomac. Of course there was feeling in regard-to the candidates. Here\was a McClellan man who well re membered Malvern Hill and Fair Oaks; Fredericksburg and East Tennessee wore not forgotten by the soldiers under Burnside; the genial, chivalrous and noble Hooker bad bis true friends here, while the victorious Meade bad bis friends everywhere. And let me ask, why should be not? From, first to last ever with bis comrades. And here comes a heavy column, of the “Boys in Blue,” shouting for Sheridan, and of Course his name is sufficient; and the shout spread, and became so heavy that Philip H. Sheridan is unanimously elected the first President ot the Armv of the Potomac. Many believed, and still 'do, that General McClellan, tho real organizer of this old army, should have been elected; but such was not the case, aud our brave “Little Mae.” says to “Little Phil.”: God speed you ! The initiation aud annual dues, are such that every one can become a member who has been identified with this Grand Old Army, aud who loves its associations, cherishes the memory of those good old days, and who saves but tlie'paltry sum of one dollar a year. The forenoon was spent in organizing, bauds shaking, and, I must say, a real, downright, honest, love meeting. (I don’t mean to reflect upon the Sorosis.) . ~ • . The afternoon was' spent' in, balloting for President, which resulted in Sheridan. And now here comes the evening; and what a glorious evening it was (I am afraid it was a glorious night for some.) At seven P.M. the Academy of Music was filled with the brave and the fair. Gen. Chamberlain’s oration touched the heart of every comrade here. All knew him to he brave, all knew him to be elo quent, hut it seemed to-uighi that the God of Battles inspired this loved hero. The banquet was, in every sense, a success. Around the groaning tables of Delmomco these comrades mingled, eat, drank, sung, laughed, spoke, toastod—and I dont know what they did not do. Suffice it,to say they had a good old time, and all _ went liony, general Sheridan presided at the feast, and around him sat nearly all of tho braves wild were in Convention. Speech-making wean somewhat out of the question, hut toasts were responded to by General Fairchild, General: i Chamberlain; Admiral Favragut, General Burnside, Generals Meade, Stannard, Mc- Candless, Colonels Sharp, Church and Hutchins. ' . . To-morrow the comrades meet again, anil the same harmonious spirit and good feeling will provail. Ben. THE FIUENDS ANI> TUKIJiIMiSN. Vtae Savages on FrlemlLy Terms with the new Agent*. TO the Editors o/ the JSt'eßinff Buffetw;—ln; order to show that all. the Indians to whom -thel’riendailjaverboeu-Rent^aa-agentaUo-aot hold the same opinion of them as expressed In a, notice publiahed ln youv paper a few , ' * . ■ ■ ■-* .. F. 1. FKFHERSTGR. PftIOSTH&BEGSim evenings since, £ nslt you ttriwWisfcthe follow- ! ing extract from fhe speech Of-: Afltokete,* the, ■ ■•■ head chief ofthe Otoea. in reply toiap; address ; of the agent recently piwced in charge of that agency:- - ‘ \ “There aro man vwbififr'people in tiißworldj lmt.it has,'pleased ourgruat father dr Wasli* * ington, from among them': all to. select yon: that' lie might send jou. todie a new father to' ns. Our braves have longbeenlooking'foryou> and even little' cliiidren rejoice that yooliave come. Wo know that yon willdeal justly with ns; for you helong. tO'William Ftmttfc' ; band, and they arc a people that love? the Indians.”' 1 ■ w.»w , FACTS ASP FANCIES. Fonrtli of Jnly Ode; nv' KAtPfr WAWiO KMKKSOtf. O tenderly the. haughty Day ■ Fills his blue urn with Are, ■ One morn'is in the mighty Heaven, And one in our desire; The cannon booms from town to town,, Our pulses are not less, . The .joy-bells chime their tiding# down;, Which children’s voices:bless.-- For H e that flung the broad blue fold O’er mantling land and sea, 1 One-tliird part of the sky unrolled : For the banner of the free. ■: f ■ The men are ripe, of Saxon land - To build an equal state; To take the statute from the mind, And make of duty fate. United States! the ages plead— Present ami Past, in under-song— Go, put your oreed into your deed, • I Nor speak with double tongue. For sea and land don’t understand, Nor skies, without a frown. See rights for which the one hand By the other cloven down. Be just, at home, then reach beyond \ our charter o’er the sea; And make tlie broad Atlantic pond A ferry of the free. And, henceforth, there shall be no chain#- Save, nuderneath the sea; Tlie wires shall murmur thro’ the main ■ Sweet songs of liberty. The conscious stars accord above, The waters wild below, And under, tliro’ the cable wove, Her fiery errands go. For He that worlceth high and Wise, Nor pauses in His plan, Will take the sun out of the skies Ere freedom out of mart. —Miss Kellogg goes to Europe in August —Susie Galion is singing in Boston. . —The Queen of tire Greeks gave birth to a son June 24tli. —Albert Grisar, a popular composer of light French operas, (lied at Paris lately,,, aged 61. —Madame Ristori will return next springto the United States. —The Austrian War Department favors the use of the bicycle by orderlies. —King.Victor Emmanuel said recently that he feared liis dynasty would not survive him. —Of 800 applications for .velo'cipcde patents, 100 have been granted. —A Charleston incendiary put a kerosene lamp under (i bed and roasted a whole family. —lt is said that Late Erie has a seven-inch tidal wave. ■ —The last season of opera in Havana cost' the manager §(i0,000. ' —The price of the Pall Mall Gazette has been * reduced to one penny. Heretofore it has been two pence. —Beecher thinks that, at breakfast-time, the sound of the breakfast-bell is sweeter than all the music of' morning birds. —Fashionable people in Paris have tabooed * railway travelling this season, and are wan dering over Europe in their private carriages. —The British Parliament has spent ;£2o,o to discover that the coal supply of the kingdoabn is sufficient to last forever. —A Washington paper informs us that “the Great Eastern still keeps on her eastward courses with the French cable.” —A man named Cash was sent to jail in. Nashville, hist week. A jail is an unusual, but should be a safe place for. Cash 1 . —Thomas’s operas, “Hamlet” and “Mig- - non,” had very small success at Leipsic, and their production at Berlin is consequently postponed indefinitely. —General Magruder says that he got so - drunk at the Democratic Convention in New,.: York last vear he has -‘sehyvore off ’ iiiexora-, • bly. —One of those singular optical phenomena| known as the mirages was* lately seen at Port & Dalhousie, the north shore of Lake Ontario, y thirty miles distant, being jilaiuly visible to i the naked eye. j —A tragedian on the St. Louis stage was enabled to die with most natural throes of.w agony the other night, owing to the fact that* w the dagger of the theatrical assassin penetrated i £ liis flesh about two inches. He received great-, ajiplaase. —A German savant predicts a big celestial transformation scene soon. He propounds the unique theory that the Zodiacal light is a • gaseous ring surrounding our planet, and he- . coming gradually cool will presently concen trate and give us another moon. —The French Government papers intimate that the recent riots in Paris were instigated by the liberal distribution" of Prussian gold; lii the French Liberal papers, on the state that the gold probably came from Ib9bo#»j riaiist pockets. —By a really inspired genius a martin tucky has found a way to indues crowwgSS® commit suicide. He strings severa3 gndhßMpf corn on a horse .hair, which, when sv»alluwccixij causes a tickling sensation in the throat. In his eftorts to get it up,, the cratfS invariably scratches his head oft. j* —The ingenious mutilations which i the D