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<X>
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<j|f
Indians recently practised upondheir vienn*
are explained. By scalping they preyentef
their entrauee to the happy nnatiHK grounds
and by Cutting strips of flesh froi»,the thigh?
pinning them behind with telegraph, wire an
hanging the hoots of the murdered; pw
thereon, they fixed liim so that in.ttio ptf
world he must go on his hauaohes and,now
his feet;
—Miss Tinney -of Hollandt- the fai*Cd*®
can explorer, Imin rcaclicti j\3ouEzoufc
and was awaiting the chief of-tho Tarp®
escort her to the starting post oitbojSgf
Caravan for Soudan. Miss Tihne, toCftljif
ported into tho Barbary States a veUJifc
hut finding it not adapted to tho santtjc
Great Desert, she presented it to 'the.®#
Tripoli, who is very much pleased- wit
bicyelo.
—A letter front Baden-Baden
amusing accident happened to, an A;
lady a tew days ago at tho.
endowed by nature with a lovoly oojup
she thinks it necessary to enhance V
by a free application of “poudre dy
having incautiously leaned over or
wells the gas by soma cUetnical p’
the bismuth' used.-in I ;'tho pofr
contrast with horiywy cheer
as a Freuchtnnn remark;®''
Itouge Ct Noir,’ v '' /
' \i?
Publisher.