The press. (Philadelphia [Pa.]) 1857-1880, November 11, 1858, Image 2

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-,TRURSDAY, -- NOVERIVER 11 - ; 1858.
THE -:11T TABS&
y,--;4,,Tus.lrsuptut,PßXESB, Vol. 8;Ito:20, -- tor•
•,14,DAY, No . y1'181h; is now . xosdi;.,- Ailqug the 'l,iotazumn..
,:- or, luterpeting mikttexc oritipaiit and relented , , P4Ataincido
ni4,lll,,liappr fcirAk,pppeent,wri**lll,ACtotu* the
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;;.-ioiire§-fri;Li*tricVa4C,"ttaireliji,4o,:awr, PACTS
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TDM *BILITaiIt PitlIST5 10' ftutnts
bed to Yubearibers at
Yeel:ita to clubs
• tlfenti,4lleii' Beni oho' $2O, In adtinEe.
•Allaklelb; sale at the *later, of Tam Pails of=
wrsikre, keadifoi msfllut' " -
'," - glasr'Psins.'—.AntogriphS,No.2 L t„S'Oe.Trade,
_ Balau 'isF; Tride,And the_ C omae of
..etustialia atict - Alaliforati lakactuider them;; :
;:Bainevtilajlnitad -States 4Siii;•Thi s iWeiglit of
(Way:" LateitToralga *Ova ; versus
" Amirtoil General l'atrriiit"Pepiattneli
thy , Berk ; ptvotee lifader Easy ; Hear - Minato
, sots LA Costly Road ; Rosette Wholii,4o.
By the, overland four days_ 1 atli news Wu'
. . _
'beer( tnantiied"fronajtrigon and Oallarnia it St.
of the Bratmaii from St, Louis'
111.44igisklilebibie4 - iwit4 great enthusiasm itt San
Vranoteati': , are. the - ilthArlt: , Salida 'were fired,.
7`thanking._ _ , _
z' the Poet 9.100 11. 0 eikrfrtineiiii'ige - AOldntiio have
fiaiillitiOn:ihis Mid be."
yoiririfilp indtraMilifiaMot the Irning.
iusnitty . Of -gold had been; obtained from
the iFraaer-xivoitained; but' tha*eather was too'
ear to'Verirk;'ind many Of the'intiere *ire rattan.'
o:Oiltforffie, „In' Oregon the Amin fields and,
i dna of,:thedhoittlei.lidiana . have been de.
-
Mailed ;,,,,and ,at the*. are : reduced , to a' -, state` of
the.Vaire ening for inseie;Whteh:totonel
.f-,'„lqight iefniet unconditional
Band of etitliteitton
apen-. the atairightes ,In the
( TWA - ',Tarrltiortee 71 - of thi - e,gnion - :: , !, - ' - :With`t the,
r'-gaiat - •:r14.4 1- .46;410 from
`-' Mexico
frotilOing - On; and :Orkpfernia (rat
etillizet Mods of lifOth`OT, are
deitiimal :to. apeatly,:eitlitetten - :? The - Overland: snail
_ runt, to ;California mill ' soon--'form ientlitainie
btaliaey:Of, Ott:Piet* frien'the
: , :umiiiitioi:4ll,Bilite?e r wagon road
envie_4)itaillar .fterpeee - i-, and-. hefore
•years=roll by a= great realist, railroad :will - still
#g.ftkieS. veleMefori, - Peabahly'
leaf; aortinnflatites that !tithe fought
hatieiA,the &Ojai of,-_tini-Vnited‘ States • We_
Indian, are : now being ;fought' our; frontiers:
The: 'cannot, `lfai distant rhea all the In:.
r'dians will - be - itthei!,tOO: *pelt; 'M.
_Me men in•
the power °fair Akovernment:
A BalliMore correspondent of the N. Y. Herald
-;,„; gives ;Alm following - of the ' murderer
and quite and Oroppikmlio "nriSeauseS
- 'fortheMirdist
• ,toted i set' , Pridoy '
of blowing out - :;the bralns of
• ~..P:Pliflif4ii 8ea u;10,...04 weeks shiee;; ll stilP
:',4ll7l6ilantreelitiiiityune lean of tigii;;.;.-Tall;
,hie , tioantenenalt• debuting "dissipation, and
• ; - loOks'
This hoy;.Oisinbrill, kept
.. ; 1 1 e.4tinkint41iien, - ati4iiiitietiabited with a - loose
for the lest two; yeare. - 11e, IMthe - son of is
. rtindetutin k tiaif!.;firtithiiii and..- sisters'
one ckf.4o l- if
brothers is on bail for juvenile Ufa&
sin was oSiled the pet of the APlng Ugliec ," vied'
fnibianoe amongst them arose Chiefly from bit'
• drinking saloon batik: sr place - rerideatronk'
Peter.Oartia, .who'''amittintr , Oritippit!lntMiiiitertig
pm( saiiii,isvalOok in
;g Jiii,..iiifiiiif'olliitft;tbintlet_nisiktirerty-ive
;:.'4eiUtu,of, age 04 0 , ultruttlofuul 'rolled - up to btu'
' arm ; covered ' with
,black
- 1111101, - eYci‘ bright Malign
t',4l•
'..eitigoni,:hls high cheek bones And 'clUsely coin
- ~prefiiiidpor impart; something gni:der, to Mollies;
,a.butiher by trade 'but for years. past given up 'to
dislipatteni , and‘MithentAxamPation 'or
• means .That fellow;ditist thorn on a low stool,
:check ablit(withorit vest of
''.."?tairertP haul 4ttn7:47 4 . - ntgii an oSPrailr,
• ':, - ;_iitefil‘biStil`miligiiit3risznlttna to contemplate
, :c,-;-,tliali,-Mretch 4i, Marion ...Crimps, -twenty-three
%syeeis; Old; a .c
,profession,-'and a
_ drunken rowdy by, calling no trade Cr Moans of
brit those of 'robbery
the oboist ,re- ;
_ urns : of_the late ` election - _ in Delawarapleet WM,
Bribiii.tOrii,) for Onvernik , over Buck; ;
'.....ffxriits4Ohn'People's-iiitididarari t by 204 majority;
Majoritylilhatitate Min 7,020.
01';'-Waltiliti,'Srleuur Is twileiited to Oen
:, 47•
rbes PCOPle'sjoandi !
• . UP : stalottric...- Mt. -Whiteley's nanjotity .
two years age .traii:'.llll4. , , , =The' Legislature; says
001110e110', - - *potation.
. . ' 7 . . :; 2 -1 1 , ;-.
„- :l3;:lo6,thef:QOpoiLition to ThiShananitai did net
elect a
_single member to either branch' of the Pe
'Om they have nine Members. •
istueejsy`the United States tratent'
ftits w ppe k ending gooilinsr it; Ure AIM
•
...=.;,Thisinas O. AlbsikAit Philadelphia , , Pa., for' im
provament. in Misdating paper ' an d: other fabrics
„
F , Sohn,- Outtkr of -;Philiiilelpbl4. Pa., :for pen
firuntain:_r -75 , , , -
Otis 'Arai and- ZolcitotlV Avery of ilatiany, - -
, ,_pit,,los improvement '44 sewing machines...
Vir,,ltarr, of Lancaster, Pa., for iniProve
• meist_in.bnisting *nobbles, _ ,
• Peter L. 'Weimer, of Lebanon, PS!, fos'fi'efroved
; :snacbtie for coiling niebSl
Samuel 06 - infott, ye:, at
, _`eigrior teldmielf and Vomits 11. Jackson, of ' Pbt=
laelie,Joi,,fsciscvement.,tusesstng, sea
=-• • • -
Units Yale of Philadelpbla; im
rf-'•
,' aioite . Wocid and' Jahn Mitt, of-Phltadelpbtai
ito themartiven and: Wm. Liwteric
. - .i.etratiliPktladeiptik;for improvement in dredging
aranf.t.l-1 - ti;;;;?.- • :1;7, ;
sprinter, b ee " been '. eliiitiOU the astifortgais-:
• gislature liii , foscierly t 'reside4 cityi -
_ Oovarnor;':T 4 :lr-..;.benitik,i having rosigne4;th !
•• n ,
Efeekittve - officlOst 'Kansas - ibis, resumed his ,posi
• lion ad CodlmissioY ei ot=lndten=Affeirs, Ittt; Mii
`_':.yielding that o 1 *NeitinglS'lbr original
' ;swen of chief clerk Rt r ' A f t
___Tbit -, Washington Brides, of, last-.evening ; . an-,
• - 1 - . 4ioAlibirtbitit; , liiilieciii - stiliset with theßtcb::;
lhista*consoltdatekt. paper:
~C4iiittol of Roger - A.
...: , v-4'.titiiiliatifilis g to'n'tinteriilayil; in nisi - 6es; to the'
5 Chinese trenty' ! iiiiide bib's; Iteeditbst it-will not
-- be` published` the Senate his noted upon It
that AflC..gt4l,c - iseidibitiiijippiiiied of by the
a
.404 re,a,
c• od obj`eate ft 4 j,l4 4,0',15-634000/14:491 1 of ,d niz P 1 t 4"
"4 i:oo4 f it l ;, ' FK” #l lB- #4 l „ nit6' !
A o 9 ,P i t . ii t' , :ki 4 g 4o -' lS ' Z i t:4 o- , t ;; ; 44 1.1 ,t1;-'0 ' i4• 1 5 .
r i O rt 3rfAllisttinsiiives , some , . nom
ii.4. - '7:4 ' fitrlA)ltil) 4 3filtfOla * , o o l qiut 4 ttlatidNlOntitgua ,
tuttAntei r iliklUitaW,‘Aalkarlafiliemodier
of ::-Vtiog;tl.l444VOlkiifttittid
: y ;
Ir. tte%th ir 61110:' *114`400 - tVjerrit4g - iuluixtant,
..;..e,-. 4 t!itlY t. " 242M201,014tp - 4iiiiliiiiiiifiiik: , l
ax (an
- 5 4WittiA 0 341 0,(11 1 0 13 / 4 9 04 1 ft", 00- 1 4 .
•
,
anti getting his asat4anee that in•-the event of his
(Walker's) wadi fn Nicaragna he would respect
the rights of the &WOO and Pacitle• Canal ;Com
pany, has sent a mitetathe State Department de
nying that any of;Walkies filibusters ;, wefit;' out
in the Washingto3V;, •
All doubts' oboutil the iiieetlen °llion., John B.
Makin, In the Ninth Convessicinal dietsiot, haie
been removed, by the final action of the Return
Sedges, or the "Board of Supervisors," in his
,thateroio Illinois member
Who led lie antl-„lieeompton forces in the tight last
winter, has been I...aim:lto : 3d by over 5,000 majority.
The Pathos did their beat to defeat him, and the
' peo — Ple,duly.aPpreelsie ' d the' li.efterte.
The Washington Stays of last evening says that
"the maohinexk r for the new sloop-of-war of :thir-
Jeflakfeet - draught; blinding 'tit' Philadelphia, will
••0014 ef pair; of horizontal direet acting engines,,
having,' eylindera ;fifty inehee diameter, thirty
Inehes stroke;' , the pistons of these cylinders are
'connected by rods'-'dirietly to the cranks; which
are forged in theiraUli shaft' at' right - angles to'
'cub:other: .0341 alone jilt weigh'
about five tons. It will be connected by a linr; of
shafting with the'propeller thefts.. The propeller
will betWelVis" feet in diameter, and nineteen feet
pitch, Of
.; peinlitadtiei Metal. -It - have four
blades,;' 'or :lane, and 'will be a, ' true screw,'
which ,has 4 been,. found., superior to all other
forini of propellers known. Steam' will befor
nish,ed to: the' by,:thrie 'Martin's patent
bbil•irs, having ;vertical brais tubes, which, cent
tains the' water„while the flame passes between'
them. .These boilers will be placed facing each
Other, and will have the firing-room between them.
Thai will:eionpra_ space of twenty-five fei3t in
length:, of, the ship, by her, entire width. They
Will have nearly eight thousand feet of fire surface. -
-The entire weight of all the machinery and apple
tenanceS,-and of 'coal for flit! 'days' fail steaming,
is guarantied not to exceed four hundred and six
tons. e The above amount of coal may also bestowed
in the place allotted , . to , the machinery, which is
firtyfeet of the ship'. • The engines are
to be provided with n tubular sqrfaoe condenser, in
which all the steam, after being used in the oylin-
Aare, will., be condensed into fresh water, and re,
• turned:into' the boilers. ' The contractors kuaran-•
- tee that =this' Machinery will be impel:de of de
veloping one thousand horse-power; when driven
to its full capacity, and that the engines will make
.eighty revolutions per minute." - - ,
A telegraphic despatch received last night from-
Augusta, Georgia,',armounees that a pilot boat had•
spoken a captured elaver,• the Retch Brothers,
from the toad of Africa, - in charge of Lient..Stone,•
of - the , United States navy. ,We published the
I.OlMe litelllgensaineterday,ino,nting, having_ re
ceived it due ammo of mail. The telegraphic
news agents ,,
. down South are' evidently "wide
awake." ' •
third _meeting of the creditors of Lawrence,
Stone, .k: Co. ,took place, at Boston yesterday.
The liabilities of this Arm at the time of its failure
haVe 'bode aicortained to be nearly $4,000,000:
A: min 'named John froward, who resided in
Broad greet, above Arch, committed suicide
Tuesday night, bs putting an ounce and a half of
laudanum. in,whiskey, andavrallowing it.
- The trial of Blamer, Cartha, Stanley, and Rev
,bert, the four alleged , mutine e rs and murdeiers,
of w haling , isbip,Junior,' of Nei Bedford,
.is
proceeding in this United States Circuit Court, at
Boston.
, •
4 rowdy, arrested by a Nei York policeman
yesterday, after dealing the officer a segue blow
upon the cheek: and• attempting to escape; was
shot dead by the officer.
IMporiant Decision of the Supreme
After much difficulty, wo have obtained
11;m Pittsburgh an authenticated copy of the
important decision of the Supremo Court of
Pennsylvania; (noir in session at that city,)
read by Chief Justice Lowasa, in the matter
`of the:suit' between -the Sunbury and Erie
liatiread versus Lima Coorsz, involving tho
constitutionality of the late act of the Legis
lature disposing of the' State canals. It will
be seen that the Supreme Court has unani
mously decided in favor of- the constitution
ality of tho sale.- The 'opinion of the court
is one of much: power; and will bo approved
,hy,the people.-
This great case was argued by °mann
Orations and ST. Gsonon T. CAMPBELL,
and :Attorney General Knox, for the plain
tlffs;apd hySudge Bupx, Attorney General
of the United States, and W. L. HIRST, Esq.,
for the 'defendant: • '
The Newspaper Press and Illinois.
- The Selection • in Illinois has greatly Alger
ranged the cqculattono of - Pie party Wiseacres
of_ thfi day Reading through a legion of ax
change papaw, we have been amused and. in.
terasted'etthe WiriOne
eiebtion has ea' lied — forth. To the Washington
'Union - sithas been st an extinguisher." , Had
forty :blankettefalled Upon that official
iiiminarY, -fed with the oil of patronage, and
"shining in the shtedow of the White House, it
could not have been more utterly quenched.
'Nothing can its light relume but the genius of
the 'AtterniY Genoal; Judge ' BLACK, whose
newspaper , genius is beyond all preient and all
fernier farm:, and • *hose , prudence . is nearly
'equal Lb hia'gboditinners. . The 'New York
- Herald ireats tbe result in Illinois in a strain
'or,rningled malice and chagrin. " We trust the
Herald doer) not contemplate a desertion of
'the lidMiniairation ;' for if it does, Heatien
help, the - party it , may, join !, Upon 'cer
tain, other - of. the Administration, papers
the , Illinois figures
_have made a deep im
preesion !, His astonishing ,how those figuree
have- -increased - the popularity of • Judge
DOUGLAS in'their eyes. 'Even an occasional
.
postmasterdiu'em_ now to, say that the Judge is
,not - "g a Black Republican ;", while those who
held no bth:co, but . only - expect to got one,
; begin
,to zeinisinti the ehanOes of success
tender.: the current • dynasty, and wonder
'Who iriay .136 king hereafter. Some of the
„
Hen , 'England•Dalgettys aro excellent speci
-mans of this class. In the Southern States,
the fire of the most fiery fire-eaters has sub
sided;, the bitter curse of yesterday is modi
fied ,- t,he 'half-mitten reproach of to-day is
erased; Mid b c onviction itself begins, to take
another hue:under the magic of encases.. No
(where is ther,6 lift found any of the fled-.
irony Glint Loiati ect. :faithionablo two -.weeks
agb. • We congratniate',Yudge Donanes. He
..„
is the groat alehyMbit of 'th6 day. •
= Some of. the Republican papers scold their
brethren in Illinois for opposing Judge Dona
',ea..' The Boston Traveller, a highly-respect
able
Republican journal, says :
Unfortunately, some of the Illinois Republicans
could not be,induoad to*share the sentiment that
prevailed among their brethren in other States.
,They not only resolved that Mr. Douglas should be
Saorideed,hut they denounced the language and
the :lotion ,of other iteptiblicans, characterising
them as hirpreperinterference in the.local affairs
of Illinois ! as if the election of a national Be.
ntitor yould.be 'a purely hical affair, and as if the
"lettien;oeuld,;have no ,interest tn''a course of
Polidy that 'was: sure "largely to affect, the de
cisiOn,:of ' the,' next.:,Presidential,campaign
The • opposition in„ other' States, :having done'
its ditty 'to the' best of its ability, then gave way,'
and Abe „Illinois „Republicans wore allowed to
tattle the matter a after their own fashion, without
ftfieg troubled, with the suggestions of people in
New York, and New Begland . 'And a very fine
sottlemenAtboy bavemmle of ft!, They have been
beaten on their own field, fighting the battle after
Abair, Own fashion, and so have contributed to the
Demooratio cause the Only victory it has won in
'the'North'in'lB6B., ,Suoh is the consequence of
their plan having been adopted. We do
-not think
anyWorso cola have hippaned if those ” imperti
nent" outsiders had been listened to, and their ad
vie° heeded::',What tinders the result all the more
diameinl is the - fact that Republidans anted with
the handful of.l)emestats who adhered to the Ad-
Ministration, and were, we are informed, instru
mental in having Douglas men -removed from na-;
tional ofiloei, thus becoming fin:Age's of that very
" slave povrer" - whlia they are so fond of .denouno
ing„ - Merely . to ,gratify notional and political
hatred; it was determined to break Mr. Douglas
,down, though Mee doing the A` slave power" was
thin built ep_anett, - What the full effect of this
newt iuntlso astichi it 'to be, : Who shall say ? But
this can 'be 'said,: that the' Illinois Republicans
compelled their party iri tbe nation to throw aside
the certainty of saceess in 18004:nate return to the
wilderneits, where ; ey may wander for forty years'
to wait. If not forever Patties, like Individuals,
have theirgo l den moments; but it they neglect to
'lmprove them, those moments rarely return. Alt
:that now can be said' is, that the future, which it
liras .iftthe potter 'of the Republicans to order, must
be 'oentrollea by the Democracy. The latter may
-behave asfooltshly aft some of their enemies have
Sehavid;:tint this It would pot be safe to count
upon, for thei r 'course, is invariably shrewd when
Presidential ele'otions aro to be decided. They are
then iviie . fis serpents, and destructive as eagles.
opponents," the fact: ra j Mr. DOTIOLAS, in defeating his
Illinois; has struck , a blow' at
dangeronsAoctrineS "oyerywhere, and it is
Matter of -rejoicing • that , .-his victory's. rip.
Va 1 1,02 ; for,
many Toilette, 'by, many men '
of every' , *e are not now ' speak,
ing 'For 'him : in connection_ with , the next
Presidency:, ' , 1,1r0
; - 'supported • .him. in hia
heroic =struggle, - not ,:with this object .in
trieW;i:int' to, see'rebtked An his triumph ,
brood cif the most icandalone dectrines;from
, Fxematiy.:V;rumrpation and despotism 'the One hand,, to. fanatic secticinallsra on -tho
oiler.'l. find wa r hill this result' in Illinois be.;
oanrle this rebilhe has been
_administered. Nor
the' gratif ying recognition of
the'tvise", amilitonial sentiment which it has
iiionarters horetofore hostile. Men
caii,.7no~v read as iq' a mirror the fwotir all ,
`Mich iniscblefri- as ,those,, set .cni,foq , :at
ingten, end of all such heresies as those lately
gyocated by btr, Satirrato•
Tha,:piavalti, Indians
The war with thin florcoAribe of savages in I
it ' d T e rritory, of Now 'Mexico, of which wo I
hear daily accounts, threatens to.bo a bloody I
and a protracted war. A letter from Fort De
fiance, N: M,, in'the Washington Union, dated
September 15th, says
n This war is going to tie no play. These
Indians, as I stated in my last letter, are numerous,
brave, end wealthy. They are all well-mounted
and armed. The eountrr is mountainous, and diffi
cult to travel: ' Every h ding.plaoe and ambush is
known to the Indians, while the country, is com
paratively terra incognita to us. -They have all
the advantages in being the attacked. 'We move in
columns, they in numbers, and in a manner to suit
'themselves. -The war will be protracted arid
costly, and from the peculiar circumstances origi
nating it, matter of discussion and inquiry in the
States. Hones, Ideem it proper here to refer to
its inception, and,' if 'possible, assist in giving the
proper direction to public sentiment." -
' A very excellent account of these Indians
appears in the last number of the Doylestown
(Pa.> Democrat; from the pen of Major Davis;
the accomplished editor, for some years acting
Governor of the Territory of New Mexico.
The following extract is very interesting:
In ninny Mopeds the Nabajos are the most in-,
tereiting tribe of Indians in our' country, and
their history, manners, and customs aro' not un-
Worthy an investigation. They appear superior
in Intelligence to all the other North American
tribes, and differ from them in their habits and
traditioni: They live in the very heart of the
- oonthient, and from time immemorial have
roamed over, both the Paolflo and Atlantic slopes.
They have ever been known as apastoral and
peaceful reaeof men, and live by raising flocks
and - herds, instead of hunting and fishing. They
own some two hundred thousand sheep, and more
than ten thousand head of horses, and at
times one single chief is worth as =oh as fifteen
'thousand .dollars in, stook, owning thousands of
sheep and hundreds of horses. They raise corn,
wheat, 'beans, 'pumpkins, melons, peaches, wild
potatoes,.eto. They sometimes grow as many as
sixty thousand bushels of corn in a single season,
and the present year (1855) they are supposed to
have five thousand acres under cultivation. They
number - about twelve thousand souls, and can
muster twenty-five hundred mounted - warriors.
- They are industrious and laborious, and the men,
women, and children are generally kept employed.,
They manpfacture all their own wearing apparel,
and make their MO, NOV DB bows, arrows, and
lances; they also-weave a beautiful artiole. of
blankets, and knit woollen stookinga. They dress
with greater comfort than any other tribe, and wear
woollen and well-tanned buckskin. Tho skin
breeches come dow6 to the knees, where they are
met by blue stockings that cover the lower half of
the leg ; the breeches fit tight to the limb, and the
outer seams are adorned with silver or brass but
tons. _ The coat reaches below the hips, with a
hole at the top. to thrust the head .through, and
open at the sides • it is made of wool, woven in
bright colors, and is fastened around the waist by
a leather' bolt, highly ornamented with" silver
when the wearer can afford it. They wear nu
morons strings of fine coral, and many valuable
belts of silver, and generally appear with a hand
some blanket thrown over the shoulder in the style
of a mantle.
The Nabajo Indian is seldom seen on foot, a
horse being es Indispensable to him as to an Arab
of the desert. They mapufactgre their own sad
dles and 'bridles, bits, stirrups, etc., tui also the
looms on which they weave their handsome blank
ets, which are quite an ingenious affair. It is a
noted foot that they treat their women with more
respect than any other tribe, and make companions
of them instead of slaves. A Nabajo never sends
hiti wife fo saddio his horse, but does it himself
if he` has no 'peon. ffhp modern doctrine of
"Nroman's Rights " may ha said ta prevail
among them to , a very liberal extent. The women
are the real owners of all the sheep, and the mon
dare not dispose of them without their permission;
nor do the husbands ever make an important bar
gain without first consulting their wives. They
admit women into their connolls, who sometimes
control their deliberations; and they alpo eat with
theme 'They are Mild in disposition, and very
seldom commit murder; but they consider theft
one of the grantest human virtues, and no one is'
thought to be at all accomplished unless ho can
steal with adroitness.
Public Epteytainments.
, AcAnawr op Mtranti.—Again a full house, and,
it may be added, decidedly the most fashionable
of the season. Parodi is a very groat favorite in
this city, and has invariably drawn orowds to wit
ness enoh of • her "farewell' consorts. She Is
S 3 groat at perpetual loave.takings as the Ravels
themselves are, and that is saying much. /Tim
poste! Pena is always se very welcome and al
ways 'so warmly welopmed, that we aro wholly at
a loss to comprehend why also lam announced for
last night only. Mr, Strakosoh must ohnoFp an
intention which deprives the public of an acoeptii,
ble singer.
Then there was Madame Strakosob, another fa.
vents, whose appearance was also greeted with
warmth of approbation. A toloro careful singer
there is not upon the stage. Shills a capital time
let also, which Parodi is not, though this deficiency
Was less obseriable in a large theatre and such an
opera as "p Trovatoro," than it often is in a con
cert-room.
Next there was as opera whioh is very much
liked. , Noisy, as all Verdi's operas are, hut the
scene admitted - it, sometimes. We know peo.
-plcwho . would visit the Academy only to hear the
second Sot, With' that One anvii.ehosokand that
exiiiisite,etineone "Stride la vampa,"
bly , delivered by Mad - dole Eirakosob, and " iv !
plauded to the echo which doth applaud again,")
and the fourth act, filled as it is with pathits,
eton, andmeledy. - '
Lastly, there was that great temptation, which
greatly helps to fill opera•houses or theatres—the
feminitie desire to show off one's* own beautiful
apparel and ornaments, on 4 the curiosity to coo
what one's friends wear. Operas 4o Fame than
pay the artiste and tho crowd necessary to help
out the saifier l 7they encourage dross, as is well
known, we presume, to Mr. Levy and Mr. Evans.
Signora Pared' had a very splendid reception,
which she mknoviledged gracefully. She is not
beauttful; though her features are regular, and
her ayes and hair are dna. jilt her countenance
beams with intelligence and esproscion. Then,
her smile ie charming. her first solo, at the elope
of the third scene, was so well delivered that
there was a call for an more. She answered tho
call, by appearing to receive the homage of the
audience, but did not repeat the song. The tir
setto with which act I closes (by Pared!, Brignoll,
end Amodio) was very well sung and very innett
applauded, and the three performers were called
before the curtain at its dose. Tho trio between
.the same singers, which closes act 11, was also
very beautiful, though it did not win so much ad.
miration.
Here wo may Bay that Amodio Bang not only
very carefully, but also very smoothly. Brignoli
made no great effort until the third act, when ho
sang—as Brignoli clan sing when he pleases.
Madame Strakoseh is an eetress as well as a vo
calist. That mono in which she describes how,
in the wildness and blindress of revenge, she
sacrificed her own son instead of her enemy's, was
as fine a picot) of real acting as wo have lately
seen, and her vocalization and Intonation were in
beautiful accordance with her passionate repro
eentation. At the mad of that scene, in the duet
With Brignoli, she again distinguished herself.
So, in the third sot, in the recitative with Amodio.
In, the finish ef. aot, Saline% singing with
Parodi, threw unwonted energy and passion into
his action, and surprised every one.
The fourth act, abounding as it does in beautiful
varieties of expression—hate, 'fear, sorrow, re
venge, and love—went off magnificently. The
first, commonly j ostled the Idiserere mane, wee
finely acted and sang. It was encored—a great
`triumph for Permit and Brignoli. In the following
scene, whore .Leouortk sacrifices herself to save
litaurito, her duet with the Count was beautifully
.rendered, and here, indeed, Amodio distinguished
himself. Then followed the dungeon-Boone, ending
with that exquisite duet, "Di Nostro Monti,"
.which Madame Strakosch and Brignoli did amplest
festice to. They were called at the conclusion,—
but it was getting too late for a repeat Then came
that grand finale-one of the very finest on the
lyric stage—and here, the performers really did
their best, and achieved a success the greatest yet
won diring this season. At the fall of the curtain,
the four performer) were loudly called for, and
received what was undoubtedly an ovation.
The chorus sang well enough, last night, to
merit the novelty of special eulogy. The con
ductor appears able and intelligent, but his or
chestra would be the better for a little more
drilling. Verdi's musio is loud and brassy
enough without the instrumental performers
,making it yet more noisy.
One word, also, for the costumes. They wore
very good. We do not mean the attire of the
leading performers, which was very rich and be
coming, but the costume of the others. It is now,
good, and generally suited to the scene and time
of the opera. As for the scenery, it is liner hero
than, we believe; in any other lyrio theatre in the
world. That scene with which sot II opens is
positively such a pictorial gem that wo wonder
the audience did not clap their hands with delight
as it broke upon view, when the drop-act arose
and disclosed it.
To-morrow evening, "La Sonnambula" be
repeated. It really had not =Doh of a chance on
the temptations evening of its first performance.
The oast, as before, will principally consist of
Madame de Wilhorst as Amino, Brignoll as
Elvin°, and Amodio as the Count. If the other
vocalists sing as carefully and fairly as Madame
do Wilhorat did'thd other evening, the public will
have many reasons for satisfaction: One half of
"La Figlits del Regglmento," that is, the whole of
act 11, will also bo given to-morrow evening, with
Madame -Colson displaying her fine voice and al
most inimitable• noting as Mane, and Signor .
Barill ae the Sergeant. Wo see that Signor La
boaette. will again exhibit his incapacity as Tonic.
Well, in this world wo• must take the bitter with
'the sweet, and so, we swallow the pill (Lnbooetta)
gilded, as it were, by Colson and Darin !
In.oonneotion with the opera in particular, and
the Academy of Music in general, wo have to no
tify that Mr: George Hood has just got up, in
00Mpain fOTiii; convenient for fitting into a waist
coat Rocket, a neatly-lithographed plan of the
Fonda in this very beautiful, well-planned, and
most-convenient house. A more complete thing of
the sort has never been brought out. Every seat
in every part of-the house is clearly marked in
this plan. The result is, that secure what seats
you may, you have only to look on the plan, and,
without depending' on any aid from ushers, you
can 'at once find the inlet of access. Mr. P. E.
Abel, dramatic bookseller, (at 806 Chestnut street,)
is the' publisher, and is likely to make a good
thing of it: Of course, every opera-goer will im
mediately rush and buy a plan.
'ruananmonto SOCIETY'S OONCERT.—This eve-
Meg, under the direction of Maurice ,Strakosob,
,the Philharmonics will give their first concert of
the season, at Muoloal Fund Hall. The performers;
as linionnook are Madame (Jolson; Madaine Sirs
kosoh, Signor Sarin, Signor LaboOettai And Signor
0. Patti, violinist. This combination, "we guess,"
will clow ail Brost= Orelfil,
THE PRESS.-PHILADELPHIA, THURSDAY, NOVEMBER 11, 1858.
BY MIDNIGHT MAIL.
Lottir &silts • " Obottsional.? ,
lOorresiondenee of Theßress.] •
WAttilbrrou, Nov. 10, 1858.'
We shall presently have a sufficient efoverland'
and. meanie, andisthmean"' connterusioatiO7
mail and otherwise, between the 'Atlanthi and the
Pacific-between this and California, Oregon, de.
There aro now at least four, and if the Nloarag4
crossing is opened, there will be five. This ought
to be enough. The last news is to the, effect that
the Tehuantepec, Company are running stages front,
Acapulco to the Gulf. Two WO between NeW
Orleans and San Francisco have been madtyvis
Tehuantepec. No mail was brought from,' San
Francisco by the return ateamer, no instruoffoos
having beerigiven at, San Francisco for seeding
it. Hereafter the snail will bo regularly conveyed
each way once a fortnight. The next mall from
New Orleans leaves on the 12th.
The cost of the Indian.wars, which my inform'
Gen leads me to believe bid fair to continue with
much animosity, and, the expeditions, necessary
and unnecessary, of the Government, not thileast
of which will be the expedition to Paraguay, will
swell the expenditures of the Government enor
mously, during the coming and other years: those_
who look for economy will be grievously, Moan ;
pointed.. Pat the figure down at one !Itemised
millions of dollars per annum. Where aro you
going to raise this revenue? . Any statesmatt.will
answer by a tariff, and none by direst taxation;
and if a tariff, it must be one to help our doniestio
industry. It is true, Mr. Cobb talks about a tax
on tea and coffee, which would be a piece of in
sanity, and which even he would scarcely wader
take. The whole revenue system must of rims
sity be thoroughly overhauled.
The States here has scoured a new editor in
Mr. Pryor, who has distinguished himself, within
the last few months, by great bitterness against
Judge Douglas. Ile will take a new task, It is
now said.
The story of the difference between J. Mandy
Jones and the President is not correct ; though it
is true that his absence from the • country is de
sired on all hands. J. 4:1 J. is himself most do.
strolls to leave, but, unfortunately, hi, can
drat., no salary till ho reaches Vienna.
Under the new diplomatic and consultir , bill
outfits aro abolished, and salaries only, paid
for . on time, service. So, Jones will depart under
a risk. There are some ugly stories allose that
may ailed him seriously in secret session; of
which, however, more hereafter should necessity
require.
John' Van Baran will not go as minister to 'Rag
land. lie worked bard to secure it; but his ef
forts to boat the Administration by trying to help
it have made him weaker than ever.
.The President is very sore at the articles, in
the Albany Argus, Hartford Times, and other
Administration papers sympathising with Douglas.
lie speaks of them openly.
The next groat question will be the Mexican
question. General Cushing has sounded' the cry
in his Richmond speech and South Carolina letter.
The General thinks the time has gone by for the
purchase of Cuba.. He asks, why should Spain
sell Cuba? It is her most valuable possession
Would we sell Georgia or Pennsylvania? Cer
tainly not. The next demonstration will he upon
the land of Cortes.' The pear is ripe, and ready
to fall ; nay, is falling. bhall we not mash and
eat it? OCCASIONAL.
Evans & Watson's Safes. ;
It is not with the view of extolling the merits of
the Salamander Safes" manufactured • by: this
vvell•known Philadelphia firm that we rite'; as
their superioi qualities are too well underitood and
too widely atteitted by the mores of merchants who
have them In use in this city, and ell over the
country, to need any confirmation from no What
we desire is, simply to refer to two specimens of
their manufacture now at the Franklin Institute
Exhibition, plaeed there within the last few days.
having boon retained at the EXhibition of the
American Institute, Baltimore —whoro 'their on
terprising Manufacturers were awarded a silver
medal within the last week—they wore not placed
on exhibition here until It was too late to contend
for a premium, otherwise they would certainly
have received it, as in point of artistic finish they
surpass anything in the line of fire-proof Safes we
have ever examined.
fgo far as their Salamander qualities, and
convenience of Wernal arrangement—ln which
they are the same as all the other Pares they ma
nufacture—axe ooneornod, they are, as
,is well
known, unsurpassed ; but the pains and expense
lavished upon the artistic adornments of the two
fiefee in question render them worthy of more than
a passing notice. i7o warp - sorry, .in eiamining
thorn, however, that the proprietor) had pot stump
one on the spot to gratify the host of irgalrert,sa
to the process employed in producing do magni
ficent exterior which those penderous articles of
utility present. We can probably gip the reader
no bettor idea of their effect than: by saying
that their entire outer putrfeep is S d urably Emit ,
netted, so as vrtmet:lko Appolikani3o of IR:peel*
papier•maohe chests, richly 'inlaid with pearl of
various hues to represent flowers and vrreaths.', To
add to the effect, the massive mountings are of ell•
ver, the polish and grace of the Interior being axe-
Outed in a Style to correspond. Erten the whole,
they certainly constitute 4. wortbyphird of the high
character of artisapship that has been attained. by
Messrs. Evans k Watson in the production of fire
proof Ssfes.
THE LATEST NEWS
[SPECIAL DESPATCH TO " TED PRESS,' , ) -
PITTSBDROII, Nor. 10.—The beer Is now ID dole Wei
It/ whole length, and steamboat, are leaving here daily
for nit porta in tho West.
From Washington.
WASHINGTON, Nov. 10.Tite State Department has
sent an official note to General Jerez, violating out
the impropriety Olds course, and expressing the die
satisfaction with which the Department regards his
publication or a warning to the public against
purchasing tickets for Nicaragua by the steamer
Washington.
It is true that Mr. White has had repeated inter
views with General Walker, his only object being, he
sap, to ascertain whether Walker designed, should he
be restored porter In Nicaragua, to interfere with
the rights of the Atlantlo ante Pantile pip Osnal Com
pany. Welker" has given him the arsttrance that in
such an event; be would respect those right., or any
•
other Ametlean interests.
Mr. White to. day emit a note to the daslidapt Setire
tary of State, with a request that it should he !haven to
Secretary Oasts, denying that any of Walker's 111 diadem
went to Nicaragua In the steamer Washington; and Ray
ing the company will not knowingly permit suck persona
to go thither in their vessels.
The collector of the port of Mobile haa bees applied
to fur a clearance to Wa " Emigrant " vowel, but
he bee rofsFrgd the question to the Smuttily of the
Treasury.
General Walker left for Eotollit to-day. Ho aid Gene
ral Ilenningaen last night reconciled their (mirage dif
ferences.
General Pun will return to Pommels In tne ober
tered steamer America.
Mr. 'teed and the Chinese Treaty.
Wssainerop, Noy. 10.—The Union, of todayJ, hen a
„defence of Mr. W. B Reed, United Staten Commissioner
to Chloe, from the attacks of the 1.,00d0n Timel. it is,
in subetance, that his mission was a encorei ono. and
that be sought commercial and netpolitical advabtager,
differing thus, in both reepeats, from tee Freud, Rag.
lish and Russian missions It declares that our Govern.
meat is satisfied with Mr. Reed's treaty, and with his
RoniNot, and it adds that the published draftaof the
treaty are inaccurate as to the portions given. Cud to.
tally omit eight gr ten important'-articles. Tle full
treaty cannot be publiabed tnli it receives the aollon of
the Senate:
The Ninth Congressional DistrJet or
WHITS PLilNs, N Nov.llU.—The board of ;Bu
y/ewers hays completed fifteen of twenty-four towns in
Windcheater Cinin_ty. There lea slight gala on the es
timated Tots for llon. John B Haakin, who le prebably
elected by ten or twelve majority. • His election fi con-
ceded by all puttee.
Despatoheo for Europe. ,
TELEGRAPH CODPION. ST. iGHNB, N. 8., Nov . 10 -1-The
Galway etesmship Pantile, from New Pork on hloaday,
will arrive here so as to coal, and leave for Qal ay,
with the malls, at or about noon tomorrow Mut ay).
She to expeo‘ed to make the passage In e x days. °ie.
graph despatches left at our elites (No 105 Poath ird
unmet), In Philadelphia, will be forwarded to their s des.
Unation, by telegraph or mail, to the latest monent
before the departure of the steamer.
The City Marshal of Woreostor (Mani.)
Accidentally Shot.
Wenner, n, Mass., No. 10.—Frederic Warms, the
city marshal, wee conversing at noon, today, w ith H.
W. Hendricks, en officer from Oharleston, l'outb Caro
lina, when the former handed the latter a pistol to ex
amine The pistol was on half cock at the time, and while
llendrieks held it, the trigger descended and the ball
entered Warren's cheat, above the heart It is feared he
cannot survive. Ile endures great pain, and a bleeding
of the lunge set in this afternoon.
Meeting of the Creditors o awrence,
Stone, & Co.
BOSTON, Nov 10.-7 ho third meeting of the aredltero
of ?dews. Lawrence, Stone, dc CO., was held to-deer,
when additional claims were presented, which, together
with the claim of George Peabody, of Landon, emanat
ing to $500,000, will swell the sain owed by the firm et
the time of its failure to nearly four millions of dollen].
Capture of-a Slaver by a United States
AtIOUSTA, Ga., Nov. 10.—The Wilmington (N. O.)
Journal reports a pllot..boat having spoken a slayer
(Ketch Brother* of Oharloston) from the coast of
Africa, In charge of Lieutenant Stone of the United
States eloop•of-war Marion. She Is expeated to arrive
daily at atarleotan.
Frost in the South—Damage to the Cot.,
ton Crop.
AUCIIISTA, Nov. 10 —A killing front Is reported tq
have occurred in this vicinity, and it is certain that
there bas been a heavy white frost. The young cotton
mop is Rappelled to be damaged, If not killed.
AUGUSTA, Oa , Nov. 3.o.—The farmers Ray positively.
that there ma a killing frost this morning.
Transportation at the West.
Wnastatio, Va., Nov.lo —There are now Mx feet of
water In the river. The weather Is cloudy. Boats are
plenty and ratoa low to all points.
The Weather and Fever at Charleston.
CHARLESTON, NOT. /O.—WO have scold change. The
thermometer, at 0 o'clock this morning ; was down to
87 and 88 degrees. Physicians say it is sale for absen
tees to retnro.
Southern Ocean Steamer Movements.
BAVANPAII, Nov. 10.—The mom eteamehlp Montgo
mery, or CromwelPs lino; arrived at her wharf yester
day, the 9th instant.
A Vessel Sunk by
. it Collision.
Barn, ble., Nov. 10. —The steamship Eastern Queen,
ftrrn Boston for this port, Dame in collision with the
schooner Caroline , Stone, from New York for , Bangor,
on the 9th instant, off ' Boone !slink Pinking ,the
schooner. The captain and two of the acainen were
ppyott, Arthur Turner, tientnati, Wen lest,
BY TELE, GRAPH-
The Ohio River.
New York.
OPINION OF CHIEF JUSTICE LinvatE
IN Otaill 00 TUN
Stinbnry and Erie Railroad 'Company
vs. Lewis Cooper.
•
[Reported for The Prem.] -
Tho plaintiff fo posseesed of a large amount' of bond*
loaned by the Delaware Melolon Canal Company, and .
has'eontracted to sell $lOO,OOO of them to the defen
dant; but he refuses to perfo-m his contract, and
the plaintiff has brought thin bill In equity to compel
him to perform it.
We know of no law giving the Supremo Court in bane
original jurisdiction over such a canoe of action as tbia,
and we moat not assume it. This is not a proper case
for this equitable form of remedy,; for we can coo. no
reioon why the damages that are recoverable in - the
common law form are not an adequate redress for the
breach of contract. And if it were otherorlee, this
Gauge, being footnoted at Philadelphia, is required by
law to pave through the Nisi Prins before it can pro
perly come up in bane:.
Though we do not regard the oaee as a proper ono for
the application of title equitable form of remedy, yet
the Nisi Prim hue jurisdiction of the Latin of action,
and it may give redreee la the equity form, if the de
fendant does not demur to the form, even though the
common law form le the more appropriate one, Bright
ly'* Equity, 8.2 i. The court in bane has original juris
diction of some classes of cues, If brought in the equity
form, and not if brought in the common law form, and
there the form le an essential element of the Jurisdic
tion ;-but it le not so in the inferior courts which have
arlgioal jurisdiction of the canoe of action irrespective
of the form.
We are, therefore, of opinion that this canes may be
tried and decided at Mei Prins; and ea we heard it
fully signed in bane before adverting to the foregoing
considerations. and as it la a case of great and pressing
Importance, it will be decided there by the judge of the
court who eball next hold that one, in this opinion
drawn up with the concurrence of the three judges who
heard the argument, and will be subject to appeal to a
full bench. If the parties desire to be beard again, the
cue maybe argued on appeal with more direct ref rence
to the views now to be expressed, and with the aid of
the experience derived from the argument already had.
The case comes up on bill and answer,,and,th.refore,
there is no dispute about the evidence
The plaintiff became the purchaser, under the act of
71st April, 1858, of certain canals belonging to the
State, and Sold a part of them to the Delaware Division
°mist Company. and, in consideration thereof, received
the bonds ' which it afterwards contracted to cell to the
defendant, and which be refuses to take and pay for.
lias hoe sufficient excuse for this refusal?
Tho defendant founds his refuel on the allegation
bat the plaintiff had no valid title to the canal eold to
. . . .
the Delaware DITIMOIICanaI Compmy, and that, there
fore, the bonds in question, given by them on their
purchase, are liable to a defence for failure of conside
ration • and this allegation is attempted to he sustained
by Tarione arguments, which we now proceed to con
sider.
,I. It is urged - that, when the State wag contracting
her public debt in constructing her =ale, she pledged
their Income for the payment of the principal and inte
rest thereof, and that she cannot, in good faith to her
creditors'. part with that income for any other purpose. -
This objection asiumes that this gale le en improper
one and la really a diversion of the pledge, and we may,
for the prevent, allow it the advantage of this assumption.
It assumes, moreover, that this court has some sort of
authority, directly erindirectly, to enforce the pledge;
ant this we are not prepared to admit
How the objection might be answered as a question of
morale, we are not to discues• for we can exercise no
authority on that ground in this case. If thiscourt has
no legal or constitutional authority to enforce the
pledge, we hove none to declare that it hem been Ari
l:tied. And moat certainly no ouch authority has been
proved to me l and we know of none. The State also
plt tiged its' farts and credit for the ammo purpose ; and
It would not be pretended that we have authority to en
join the Legislature to respect title pert of the pledge by
providing adequate taxation. For such a pledge, as well
as for the,one Instated on. the remedy lea moral one, to
be enforced by meana of the moral Renee of the commit,
city operating upon the Legislature, and by mean, of
the moral sense of the - civilized world operating upon
both the people and the Legislature—an influence and
reeponsibiiity to which all States are subject.
2. It Is objected that the act of the2letA rll,lgsS,is
a palpable fraud upon the people of the State, and that
therefore Ma sale, made under it, and depending upon
it, is voidable
In support of this objection, the following facto are
relied on :
That works!, producing a net revenue which repre•
Multi a principal of over rine millions of dollars, are
cold for three and a half millions :
That they are sold to a railroad corporation that has
proved itself totally unable, for want sof capital, to
build even the half of its own road :
That, though part of the consideration le, fora while,
to be secured on the works sold; yet, in the end, this
neeprity is to be withdrawn, and a mortgage of seven
millirem, on a dill unaniehed railroad, fa to be substi
tuted; one•half of which is for the security of the
State, and the other half for the security of persons
from whom the company may hereafter borrow money
at any rate of discount to complete thole road ; and
thus oven the consideration money is risked upon the
chances of a finished and successful road, and by
sharing with embeequent creditors the benefit of the
mortgage security, when it might have been abundant
ly and very naturally secured by a mortgage on the
works sold :
That the ranele are sold to the plaintiff, not to be
retsined and managed, bat to be resold at advanced
prim, to the profit of the plaintiff and in such a form
ees to aliow the plaintiff to have the ability to pledge
them as xecurley fpr money to be borrowed:
That thee. and other facts show that the act of As
eembly, Intent of being what it professes to he—a elm
ple sale of the public works—is fraudulently intended
c 4 an Sot in aid of the ilimbury apd Erie Railroad
ompany
That He peerage was enured by improper influences
brought to beer en the membo-e of the Legislate:on ; the
interests of the State having been sacrificed to local in
terests on the lice of the road; to the interests of
Philadelphia which is a large /stockholder; to the in
terests along the lino of the All •gheny Valley Rail
road, which is to be aided by a subscription o' half a
million of dollare ; and to the interests along the North
Braneh by reason of a preference that is glean to the
inhabitants there in the resale of the North Branch
division.
Certainly, these fade presents emus that justifies an
argument in support of the proposition, that the act of
Assembly was not passed for the mere purpose of selling
the public works, but mainly in aid of the Sunbury and
Brie Railroad Co.; that its peerage was secured by the
influence of private, or, at least. local intermits, to the
prejudice of the Interests of the State; and they furnish
bletnents for the argpmept that it is a fraud upon the
people.
But is this the proper tribunal to try such a question?
May the jrdiciary sit In judgment upon a charge that
the Lerslature have been faithless to their oaths, to
the Constitution, and to the public interests, by page ng
Clew that lea fraud nee. the State? This' question wan
not diecrussedi and - yet, unless:lr canvartete”...aneowe--
time answer, -all the argument on thin branch of the
mehieet must be regarded se out of place.
We cannot healrate a moment on tide question, We
haven* much authority, and ought not tit have. How
everfar the Legislature may depart from the right line
of constitutional morality, we have no authority to
supervise and correct their acts on the mere grand of
fraudulent or dishonest maim. We know of no mob
check upon legislation, and would not desire to see such
a one Instituted. The remedy for such an evil is in the
hs.nda of the people alone, to be Worked out by an in
creased ea 8 to slept representatives that are honest
and capable If the judiciary have such authority,
then every justice of the peace le competent to alt in
judgment upon every act of legielation whteh disorderly
moralists' or knavish or Ignorant anarchists may choose
to charge as fraudulent. Nay. more: if the question
may be raised in a judicial proceediog, the judges and
justices of the peace will be bound to investigate and
Otge it; and the principal judicial buelneas might
then ?Aroma that of testing, notcaees by the standard
teethe law, burthe slapdard itoelf, by the infinitely va
rious and uncertain judicial :lotions of morality.
And, netted: the principal element'of Used charged
here Is,' that members gave undue prominence to local
interests; that is, that they regarded too much the
wishes and interests of their constituents. In order to
condemn this. there must be some rule of law declaring
that undue devotion to the interests of constituents is
a fraud open the State ; and there must, besides, be
jadees pommeled of supreme Indifference to such Inter
bate, and capable of precisely defining what, for each
gaga, is'iondoe devotion. It Is very easy to see that a
power having. 'ph genteel over legislative motives
would bo destructive of all free legislation, and se
riously obstructive of social development.
We do not say that a party, who has obtained the
plumage of a private act of Assembly by bribery, impo
sition, or other fraudulent means, can claim any benefit
from it, if the fraud be shown; perhaps this would be
treated in the same !manner as a judgment in court, or
a title from the land ogles obtained by fraud.
But here is no pro once of fraudulent practices by
the purchuer of the canals.
The Legislatere, on Its own motion, and for its own
reasons, tendered 'the bargain on certain terve, and
these terms were accepted. The mollies of the Legis
lature in en doing oanuot be inquired into by the
courts
S. It le further objected that the Set of iteeembly is
unconstitutional, and therefore no valid title to the
canals can be made under it
The argument In support of this objection is founded
on the same facts that wore !whited on, as evidence of
fraud, In support of the objection which we - have jut
considered.
Now it Is urged that theae facts prove that the act
ef Assembly Is not, in truth, for the sale of the canals,
but in ‘ld of the Sunbury Ss Ride Railroad Company, by
means that are forbidden by the Constitution; that again
of the canals at less than half their value, to a railroad
company without means, and with a road project*d
which it cannot possibly finish without aid; a sale
made with the expresned intention that the canals shall
be re-sold at a profit to the railroad company, and under
an arrangement by which the prim) is to be mitered on
the railroad alone, and by which the prosp.ctive debts
of the company are to bo of equal meg with the price
to be paid to the State; a Dale effected, not by public
bidding*, where competitiou in invited, bqt by en act of
Assembly fixing all the terns'', and carried by the In•
finance of local interests, some of which are Illegiti
mately and unnaturally brought into connection with
the scheme of the act is insisted that this is no sale
at all, but a gift, or mainly a gift, of the canal to the rail
road company, and is forbidden by the constitutional
amendments of 1817, which dedicate the income
or proceeds of the ea'o of the public works to the sinking
fund for the payment of the public; debt.
'
Here again and under a different aspect, the
sincerity and honesty of the Legleleture. in theer
formance of their duties, is attempted to be mad e a
question ofjudielsil cognisance ; and spin we say that
we have no jurisdiction of such a question, and can
have no right to express any official opinion in relation
to it. Oaicial morality in us requires that we shell not
assume authority to judge of the °Metal morality of
the Legislature For the faithfulness and honesty of
their public acts, we repeat, they are responsible to the
nubile alone, and not by means of a trial before the
courts.
- • •
We moat interpret their acts at they intend them to
be interpreted. They declare this to be a sale, and we
are not to attribute to the Legislature improper mo
tives, In order to emigres it a gift. It is a tale in a
very ordinary form, by mama of a proposal made and
accepted. This might be a better means of sale that it
would be to put the canals up at auction to the highest
bidder • for snob large Pales require large combinations
of capital, and these combinations might easily be
forfind so ae to exclude competition The Legislature
alone has authority to select. the form of the sale, and
if it chorales the form of proposal and acceptance of
terms, it aloes can make the propoial.
The amendments to the lionstitution dedicate the
proceeds of the sale to the Sinking Feed ; but they, in
no particular, limit the leglelative authority to cell. In
thin matter it is the supreme authority in the State; its
stet is the act of the State by its legitimate organ; in
that eat it bad a discretion, to exercise which the courts
cannot, without neurption, review or criticise.
Every owner of property may sell it at u low a price as
he pleases, may favor whom he Omen in the bargain ,•
may regard other than mere financial interests ; and
the people may do the came with their property ; and
the Legislature, acting for' iheffi, are the judges of what
' the people themselves would do. The coeds cannot
investigate the Justice of their Judgment.
This may be a aide fora very inadequate prim, and
on very inadequate security; but certainly it is a rale
and not a gift. -It may have been induced by motives
that sacrifice the public interests of the people to mere
local ones ; but these motives cannot, in their nature,
be subjeete ofjudicial cognizance.
It deer not legally 'lt ate a contract that there are
other motives for it in the minds of the parties, besides
the consideration named in it. Almost all contracts
have such motivea. A man may sell his house or his
horse became he does not wish to keep it, or does it un
der some moral or financial neeeisity of parting with it,
or thinks hat it will better salt another to use it, or
i take care of it, as welt as because he fa getting a price
for it in money or other valuable things. It is Mill a
sale, notwithstanding these private motives, and though
the price may be a low one.
And a State, as well as an individual, may have too
-1 tives for a sale, independent of price; and it is the
Legielature that is to ascertain and act upon these
motives. This is a part of, their duty in every act of
legislation. They tenet express and set upon the mo
tives of the people in every exercise of their legitimate
authority. Whether they do It well and faithfully or
not. the people mutt judge; for they have Instituted no
authority to do it for them. '
iittob au authority is In fact impracticable. In the
very nature of humanity, people must trust very largely
to the good faith and devotion of their nubile agents, if
they Would have a government that in worth anything.
They cannot have an efficient government, if they do
not allow it a large freedom in its movements. And
they cannot hive honest and honorable men in office, if
theyare to be always inspected by the people bet use of
their office. And it the people cheese dishonest men for
'public positions, no amount of suspicion, and no system
of cheeks, will be adequate to save them from the evils
and cost of a dishoneat government.
Legislative motives may be Immoral and faithless;
but acts alone caul* neconstitutional. "Motives belong
to our interior morality, and are not naturally alibi act
to legal regulation; and so far as the State attempts it,
all liberty of &mature it endangered: - Morality re
garde Won mad its tutitlyee, While law repqa the
action alone. Law does not sanction or allow Improper
motives; but it is incompetent to reach them ; they
belong to the forum of conscience. Lisw has no con
demnation for acts that are not unlawful, while mo
rality tskes higher ground, and condemns conduct If
Re motives be bad.
. Acts that are not forbidden by the Constitnthin, in
form 'or autitance, cannot be cooatituttomtuy con
demned hecauee cf the motives that Induce them. No
htitusr, conduct could stand such a test, and no human
skill could be trusted. t apply it. If we should at
tempt it here, it might well be asked: " Who art
thou that judged another roan , a servant? to hie own
muter he standsth or falleth
Laws and Conetitutione are designed RS means of 'so
cial order and harmony; but they would ba the very
reveree of this, if no sot could be Justified under them
until its motives should be ascertained and approved.
Law, the more it undertakes to teat conduct by ma
'Elves. the more it is apt to be disorderly and tyranni
cal. It does sometimes pus :judgment upon malicious
and fraudulent motives, when-it fieds - eaternal ants
clearly indicating them, and in mall cases eepeohlly it
14 often cruelly oppressive in its conclusions We can
not thus try legislative sate. To judge of their va
lidity by motives would be imposeible ; for' the pre
vailing motive in the mind of every member might be
different.
It woe attempted, in the argument, to test the va
lidity of the act of Assembly. by applying to it the some
what analogous prints relation of prinolpal and agent,
but the test is inappropriate. A primate agent to sell,
simply arts out the motives, known or unknown, of his
principal ; whereas a legislator has generally to reek,
in his own experience and observation, for the motives
which ought to justify his acts, and to be satisfactory
to the public Moreover, the judicial authority of the
State is instituted to judge of the fulfilment of the da
tum of private relations. and not to decide whether
Legislatures have faithfully fulfilled theirs; though, as
judicial authority, it may protect private rights even
against legislative ads, if they are forbidden by the (ion
etitution
In view of what we have now said, it seems to as that
the remaining points of the base may be briefly die
posed of.
We do not perceive that, by the sale under this act
of Assembly, the State assumes the debt of any cor
poration. or lends her credit to any, or becomes a
stockholder in, or joint owner with any. The sole
foundation of the arguments to establish three points
is, that the price and the security are Inadequate. But
on this subject we are not authorised to supervise or
review the discretion and judgment of the Legislature.
If we could supervise it, we could direct and control
It, and we hive not this much authority over the po
litical discretion even of municipal corporations. If
the price and sonority hid been edgiest°, in the judg
ment of the oNeotors, they could have found no footing
for the argument which they have made. They have
not attempted to prove that this court has authority to
decide this fundamental question.
The subscription that is required to the Allegheny
Valley Railroad, and the preference given on a re-sale
to the inhabitants along the North Bend, may have
motives Inducing she act in whole or in part ; but
they are not part of the legal consideration of the sale.
It may be that some members may have thought that a
connection of the Smithery and Erie with the Al
legheny Venn , ' road would be a valuable OWN end
would increase the security of the debt to the State
and that the North Branch Canal would be bestmansged
for the rehire good by being owned by the people of the
neighborhood. But we are not called upon to ascertain
or account for legislative motives, for we could not sit
in judgment upon them even if we,knew them. A law
that the Legislature may make we mutt obey, whatever
may have teen their motives, even though it be a very
unwise one.
The provision, under which the company contracts to
pay the State three-fourths of the profits of a resale of
the canals, does not make the State a joint owner with
the company of the canals. She reserves no title in
them in any sense that could have been meant by the
o:netitution. It is a sale out and out, but with a con
treat to.increase the price in a certain event. The
company's share of the profits of resale may he unrea
sonable, but of this the Legislature alone could judge
in making Its proposal of sale.
We aro, therefore, of opinion that no valid, legal, or
constitutional objection has been euggested against the
title granted under the act of Assembly, and that none
of those which have been made can be maintained
either by State creditors, or tax-payers, or the Canal
Commissioner,' ; sad at-the next NMI ' Prins we shall
direct a decree in favor of the plaintiff, according to the
prayer of the bill. We declare our opinion now in ad
vance, in order that the parties may have the more
time to consider the subject preparatory to a re-argu
ment on appeal to the court in bane, if they shall think
an appeal advisable.
FOUR DAYS LATER FROM CALIFORNIA
By Overland Mail to St. Louis
MINERS RETURNING FROM FRAZER RIVER
LATER rnom OREGON.
Tho Indiana Suing for Peace—Unconditional
Surrender Required—The Indians Starving.
MARKETS, Sco
Si'. Louis, Nov 9 —By the overland mall, arrived
thie evening, Ban Franciaeo advinee to the 15th nit•
have been reeelved,four days later than by the previous
mail.
An enthusiastio meeting was held at San Francisco on
the •Ilth ult., in honor of the arrival of the drat mail
from St. Lords. The meeting wan very large, and palates
Were fired, and congratnlatory speeches were made in
honor of the event. nese!lotion!' were passed, cordially
thanking they o st fillioe Department for thellberality
displayed in establishing the magma overland mail
routes.
votantoora have been called for to protect travellers
on the-road between W ille and Union against
the Indians
Frazer River dates to the 4th ult. had been received
The river had fallen considerably, and much gold had
been taken out, bat the weather was too cold to work
and the miners were returning to California in large
numbers.
George Penn Johneon had been arrested and was to
be tried on the charge of killing W. 3'. Neriuson in a
dual.
FROM OREGON
Adviees received from Oregon to the 6th ult. repro
sent the hostile Indians as suing for peace,twhich Col
Wright refuses to grant without an unconditional air
render, with all their women and *property. The sot
diets were 'doetroring their grain , fields and stores o
ravishing and the Indians are reduced to a state o
. '7. • • FROM VICTORIA
The Amerioan Commissioner has interfered to secure
to Americans at Victoria, accrued of petty Crimea, the
ald of connael. whentrought to trial
COAISIRROIAL INTELLIGENCE.
Ihreinese throughout the State of California has been
very dull since the Railing of the steamer Vonr is
doll with a few- sales • ranging from $0.60 for domestic
to $l4 for Hamill brand.
Letter from Nev York.
srronvi TO COUNT OUT J. B. RASKIN—TRH AP
PROAQRINO•MUNICIPAL ELECTION—COUNTY CAN.
VASSERS: MR. SICKLES—DISAPPEARANCE OF
MR BILLINGS—WARRIORS FOR STATEN ISLAND—
NEW YORK AND ERIE RAILROAD: NO REDUCTION
OF PRESIDENT'S SALARY—DRAUATIO GOSSIP—
LATEST FROM TES NINTH DISTRICT. ,
[CorrelipODdenao of The Prem.]
tin , 'ionic, Nov. 10, 1858.
Public attention continues to be dlreeted to the action
of the boards of county canvassers In Mr. Haskin's Bon
versional district, it being evident that efforts will not
be wanting to so count the irregular ballots, and no de
cide in reference to defective returns, aa to give an
apparent malt:city to Mr Kemble. The proceedluis
the Westchester county board, yesterday, plainly de
velop
,the plan which the opponents of Mr. Hoskin
are seeking to carry out. But they are closely watched.
Tito movement of the anti•Tammeny Democrats, at
their primary meetings on Monday, is indicative of a
settled determination to oppose the' Wigwam" to the
fitter end. In all the wards full sets of delegates were
chosen; and as the contest is simply for municipal
offices, party discipline will be less rigid than at the
State election. Besides, the result in Illinois is an ad
monition held up to all cliques and factions that the
principle for which the gallant Douglas so nobly and
successfully contended is not: to be . Ignored, and that
the Administration is not to be lauded by a few empty
resolutions at the expense of the Senator. There will
be no more resolutions denunolatory of the "Little
" •
The board of county canvassers are actively at work.
Wo doubt exists but that the certificate for Congress
man from the Third district will be given to Mr.
Sickles. By the way, the friends of that gentleman
gave him a fine serenade. on Monday evening, at his
country residence, near Harlem. Pleasant speeches,
toasts, champagne, &n., combined to make tbo coca
/don eminlingly pleasant No man in public life, here..
aboute, bas a larger number of more thoroughly devoted
friends than Mr. Sickles. .
Young Billings, formerly a clock at the Irving House,
and lately of the Metropolitan, has been rolsoing since
yesterday noon. He was a quiet, courteous, unas
suming gentleman, and had a wide acquaintance among
travellers.
Another detachment of our sanguinary warriors pro.
oeeded to Staten Inland yesterday to relieve the right
wing of the Fifty-fifth regiment. Tho question in
mooted, Who le to pay the enormous expeneea incurred
in keeping these military people on that A No. 1 little
aa Brougham calla It In hie last extravaganza?
Certainly net the people of that county. They use big
words to that effect.
The new board of directors of the New York and Erie
flathead, whether from choice or the force of ciraum
stancee is not known, have decided that It le not expe
dient at present to reduce the salary of their preeldent
so he goes on In the enjoyment of the trilling natter of
two thousand dollars. a month, to the utter disgust of
those who hold the company's premier to pay, but are
unable to realize even the interest.
The Douro!Gault season, at Nibto's, is drawing to
close. He gives way, en the 22d, to the NAMIa, headed
by Gabriel, ?meals, Yrca Mathias. and other heel and
toe celebrities. On the 16th, Illy. Moore, the attentive
and efficient tirst•lieutenant ofN ibio, takes hie annual
benefit, on which occasion the doors am yxpeeted to be
besieged with throngs of his friends, long before the
hour of opening. On the lath, Agnes Robertson takes
her benefit, and on that night the Oaledonian Olub, two
hundred strong, have resolved to attend in full High•
land costume, as a testimonial of their respect and ad
miration of the gifted artist and excellent woman.
John Drew Is in town looking fresh as a daisy. , •
Hackett, accompanied by his eon, the lawyer, goes to
California on the 20th.
Tom Placide sails for New Orleans about the 20th,
taking with him George Jordan, A. 11. Davenport, and
other clever players.
The following oriental telegram to the - New York
Roofing Post appears inthe second edition, and looks
well for Mullein :
'Mime PLAINa. 12.80 P. M., NOT. /o.—llasklnlig Men
tion is now conceded by all parties The protest of
Lancaetsr Underhill was acted upon today by the
board of supervisors. A question also was reified
against the returns of Nastehester, and affidavits sub
mitted in both eases. The board has just voted to re
calve the returns This not only secures the election of
Raskin, but also of Van Clourtlandt, Democrat, to the
Assembly, from the First district, bye small majority.
NEW YORE STOWE MMONANGB—November 10.
Moen ROLM).
100 Mien Con R 160 5431
31 Mich 8o & 14, Ia -23 M
60 Mich 8 IL Qua atli) 58M
8 do 63M
200 do bOO -63%
100 00 IWO 53
50 111 Con It 1.16 833
BO do 8331
/00 • do 83
280 tlabeila & Ohl R ,7411
200 . do bOO 75
100 do 1310 74M
100 OW & ToIR 3 3 M
60 do 33
160 Ohio & R I R 6 53
500 do e3O 65
200 do 65 31
160361 So Idiom It 14m
160 LaOr & 51118 $lO
100 do
8000 Idiesoerl Os 807‘
10000 do 630 89%
15000 Virginia St Gs 95
4000 lirklyn W'tr L 101%
1000 0 St P & F D
L 15%
6000 liar It Ist mt 87
10000 MB& Miss 2d m 03
16000 111 Oen bde 0311
95 Bank America 113
8 Irn & Traders Bk 112
10 Elk Commerce 104
100RY0enIt 84'
900 do 5130 84%
200 do 560 84
210 do 84,41
700 Harlem It 18%
200 Harlem It Ned BO
200 Reading It my 511(
100 do 61%
100 do blO 51%
A Missing Vessel.
NitivenT, It. 1., Nor.lo.—The 'schooner J.H.Bar
nett, of caps glay. Captain Worth, hence, 15th ult.,
rot Wilmington, has not Clue! been heard from.
Sailing of Ike Persia.
Nrw Your Noe. Io.—The steamship Persia salted at
Poon a with 0,040 in spode,
THE CITY.
ANUSIMENTS THIS HVENING.
-biusiOdr. InanHALL;-, , g Ooncert by the Phllarmonio
Spolety.9 •
Nercorten Onions —uLent , e Circus Oompany.ls
OoreesavHeir. — l .ol'd Folk' , Concert Troupe? ,
Mae. D. P. liciernas , Weasov•sreverr THHATRIII. -
Langh When Yon Can''—'" May Festival 1, -- 4 ' Lost
Ship
WHIRTLIT 11C 0LL1115.11% AZON-SSILVIT THILTII.
Pauvrette , )—€. Widow's llnsband. ,,
ABSSUBLY DUILDINGI3.-13ignor
THOIIBI7IOB —Miscellaneous Concerti
Nightly.. • .
BANVORIVII ()PHU. HOUBD.—EthiOI3I:BII Entertain
ments. •
A. PAINYUL - 000tinItEling.-;- - At about four
o'clock yesterday morning a thrillingly painful inci
dent occurred at the holm of Andrew d. Galbraith,
gilder, Third street, below Union. The wife of hit;
Galbraith, a lady about twenty-eight years of age ' re
covered some time Much from a protracted illness but.
unfortunately, at the expense of a portion of her rea
soning faCultlee. . Since her recovery she has insisted
that the ' binge was haunted, and has continually ex
pressed a relietance to &Minna in its occupancy.
On yesterday morning she arose .noiselesaly from her
bed, and ascended to the garret, where she at once at
tempted to raise the dormer window. In doing this she
made a noise, which aroused her husband. The hos
band rushed hastily up the ataira, but the lady bad suc
ceeded in raising the window Aa he imbed forward and
liaised her by the robe de nuit, the unfortunate woman
had one foot upon the save-trough. and wan already in
clining her weight over the roof edge.
A moment of frightful suspense had now arrived.
The life of the woman depended solely upon the greap
of the husband and the strength of her drapery:, The
latter gradually gave way, and the life of the poor wo
man hung, se It were, upon a thread, when, by a end
den change of movement, her }unbend grasped her by
the hair and thus .was enabled to sustain her for a
momenelonger. By this time hie cries for assistance
had been heard, a little - girl - opened the front door.
and help came to - the relief of the 'agonized husband
Jut at the very moment that his strength wee all ex
pended. -
The unfortunate woman wim found to be badly cut by
glue, which she butte in forting open the lash. She
was afterwards removed to the residence of her father,
In Kensington, and it le hoped , that a removal front
the scene of her illness may ultimately restore her to
LOllllOll,
A SiNoitwat llisToßY.—Our readers will
remember - that, some months since, a man named E. L.
Snow, alleged to be the proprietor of a noted fence ".
establishment in New York, was arrested on a charge of
receiving, from Philadelphia burgh* very large goon
titian of goods, which had been stolen in this city. Be
was brought on from Grand street, New York, wham
he keeps a large and handsome dry goods store, and,
Was incarcerated in Iforamenaing fora number of weeks.
He'nitimately found ball in the sum of $lO,OOO, which
wan entered for him by Gabbard Hanle, and was then
released. Hs then lied to Canada, beyond the reach of
the extradition treaty. but was finally lured to this side
of the line by a Philadelphia detective, and - brought to
this city. where he now Is.- . - -
.
Snow is' respectably - connected in - New York. His
store in Grand street was a showy one, and usually
docket with goods equal to the Broadway stores. It to
now maintained that he was forcaiy abducted from
Canada. On Wednesday last, at Torrnto, the chief of
police at Hamilton, and also 'Cornelius McGroggin. a
sergeant, were arraigned on this charge. An invest'.
Ration was made upon information sworn to by Snow's
wife who is now in this city. !It. siu'inade before the
Mayor, the police magistrate, and—Aldermen Carr
and Strachan The prosecutor was Mr.. McMichael ;
the counsel for the defence were_Messrs. 0. and A.
fiaddlier. . • - . •
The rimmed ware required to enter sureties in the
cam of VICO. What differeneelhe proceedings will make
to Snow rooming to be aeon , llla chances of ngain ob
taining bail, however, are alarmingly slender.
TowN BALL.—A match game of this favoilte
and exhilerating sport will be played th's afternoon,
between the beet players of theOlymple and Camden
Town Bolt Olabs, on the grounds M the former, in idern
den. This game, it may not be generally known, in the
one many have delighted in during ; echool-boy dam
somewhat elaborated , - but in all its issentlalleatures
the same, and brings into „exercise the whole physical
organization—the inclined attention to which It a
marked feature of our times. In this connection, it is
proper to remark; that the Olyniplo Club is the oldest
organisation in this city, and throne:lira long series of
years has had enrolled amongst its active members
many of our well known and prominent citizens in the
various walks of life The Camden - Club is mostly coca
posed of young men of our neighboring city, and, ti' ugh
a recent organisation, has already given proof that It in
not lacking in the essential requisites of strength and
skill. A pleasant and interesting game to anticipated
by the friends et both clubs, and the public geaerally
will be well compensated by a visit to the ground.
INTERESTING ANNIVERSARY CELEBRATION.=-
The one hundred and twenty-sixth anniversary of the
birthday of Benjamin Banneker was celebrated last
evening at the new Masonic MU, South Eleventh
street, below Pine. The occasion was one of much In
terest to the colored population of the city, and at
traeted a thronged audience. Addresses were delivered
by Masers. Wm. II Minion, Parker T. Smith, J. Wes
ley fiimpeon, and George E Stephen': The anniversary
address was given by Jacob 0: White, Yr.
- Benjamin -Banneker, after whom the imititute was,
named—a slave in Maryland—wu 'possessed of consi
derable mathematical abilities, Ho made an almanac'
which attracted a rood_ deal of attention, and led to a
correspondence between him awl the President of the
'United States. Thomas Jefferson. A few yearn age a
sketch of his history was published by the Historical
Soc ety of Maryland.
DEATH Peon - Coroner
yesterday held an inquest upon the body of a man named
John Howard. The deoessed,,whd wee addicted to the
abuse of ardent spirits, died on the night previons, at
his house in Mineral place, Bread street, above Arch - .
He had been drinklogyery hard for some time, and then
swallowed an ounce and a half of laudanum in &tumbler
full of whiskey. The narcotic effects of the drug were
fatally manifest before the fact of his having swallowed
it wan known to his Mende. He washy birth an Irishmen,
was forty-nine years of age, and leaves a wife and chil
dren.
COMPLIMENT TO TUE MAEOB.-1 company
of mmtlemen on Tuesday; night procured the services
o Beck'. Band. end gave a firstclasuserenade to Mayer
Henry. 'The Mayor entertained the party, very , hand,
enmely. and very pretty'off-hand speeches , were inter
changed. The company nextproceeded tothe hone of
Mr Montgomery, the Mayor's Clerk, and afterwards to
the henee of Mr. George W. McMahan, _Register of
Wilts. The participants "made a night Of it,'" in the
moat literal sense of the term. ' • "
A NEW INSTITIITE.—Tho Mono Library
ruetituto dedicated the building at the corner of Brant
ford road sod York street,-over the York-street market
on Tuesday. The structure is.owned by the city, and"
Ins been leased by., he,lnatitute. ; The first floor will
be need as a reading room and library. The latter al.
ready contains Mx hundrOvelitmee. The second story
le to be need es aleetme room
karma Francis E. Pat
terson hoe been elected Llentetiant-Oolonel of the trot
Battalion of Artillery, Hint Brigade, First Division,
P. V. Mr. Asher 8. Leidy is elected Major of the Pima
Regiment of Rube, Third Brigade, in place of Major
•
John Ateldanns i _deeessed. -
GOINO TO ClilltA.—MT. William J. Phillips,
Superintendent of the Pollee and Fire Ataxia Tele
graph in this elty, starts for Onba to-day, for the pur
pose of putting up a telegraph line for the use of the
Governor General.
ANOTHER 'TREE BILL..—The , Grand Jury
have found another true bill against Madame Adele
Vella. who was recently acquitted of arson, on account
of a flaw in the bill et Indictment. '
THE REV. Ds. REESE Herprassurr, 8850-
elate eeoretary of the Preebyterhui 'Beard of DoMestio
blissions, has tendered hie reeigoattou of that Mike.
ROI. ESTATE SAI,E.—J. M. la ussmsy & Bons'
fourth fall sale will be ' held at' the Philadelphia
Exchange, this (Thursday) evening. Their cata
logue comprises several desirable residences, in
good locations, valuable lot of ground in West
Philadelphia, do., do., and is worthy the atten
tion of purchasers. - •
THE COURTS.
YESTERDAY'S PROCIERDIROB
[Reported for The Prem.]
DISTRICT COMIT-411dg0 Shattriveod.---
Phrone Sharp, assignee of Johor. Cannery, and Wm.
B Whiteman, vs. Jaws McMunn A noire facies ear
mortgage for $l,OOO. Before reverted. Verdict for
plaintiff for $l.llOBl. G W Biddle for plaintiff;
Stevens for defendant:
John riertMer vs John Cosgrove. An action on a
promissory note. No defence. Verdict for the plain
tiff for $OlB.BB. - Phillips for plaintiff ; Adams for de
fendant.
The City of Philadelphia, to the use of James Dee
han. An action to recover the amount for work and
labor done, and materials furnished, for the purpose of
having the premises of the defendant repaired. The
defence allege that the price charged was too high for
the work done. Jury out.',
Mrs Jane Gail vs. Henry Bickley. An action to re
cover damages for the loss of an eye. The plaintiff in
the cane, it is alleged; was kvenderof Bab In the Second
street market, In Second street, above South, and while
attending to her business , acoal-cart came along Second
street, driving immoderately fast, and it being a windy
day, the cinders and althea Hew in every direction, some
of which went into the plaintiff 'a eye. The plaintiff
also alleges that there was no cover over the cart at the
time, and it was full of ashes The defendant was the
supervisor of the diatriet In which the accident occurred,
and the driver of the cart, It le alleged, was in his em
ploy. Jury ont. G. R. Miller for plaintiff; Gilpin for
defendant
DISTRICT Comm—Judge Stroud.—William
Rice vs. The City of Philadelphia. An action to re.
cover damages for publishing certain &Moles for the
defendants. The plaintiff is the proprietor of the Penn•
sylvanian, and be alleges that he published In his
paper a list of taxable inhabitants of the city of Phila
delphia. by order of the defendants. Verdict for .the
plaintiff for $958 77. Johnston and Campbell for plain
tiff; Ring for the city. - .
John Mlles, Donald Mopes, and John W. R:
trading, &0., vs. The Atlanta Mutnal'l, entrance Com
pany An action on a policy of insurance, to recover
for the damage sustained by the plaintiff. The plain
tiff allege thatihey are the owners of a ship called the
" Collins Rea ;" that they obtained a policy of then
, rums on said 'easel lw the office of the defendants,
'
that, after obtaining"- said policy, while the ship wal
, out on avoyage, she ran aground at Cape Fear river'
and that, after raueh loss of time difficulty, and damage
ahe finally got off; that the 'hip was bound from Liver
pool to Wilmington, N. O. The defence allege that
there was a clause in the policy which exempted them
from all liability except In a case of total lose. On
trial. Mcklurtrie for plaintiff Gerhard for defendant
Coacocox Pmcws—Judge Ludlow.—Yester
day morning Judge Ludlow held a court fur the hearing
of injunctions, ko., in the Niel Prins Court room.
Joseph aimed vs. the Second and Third-attests Pas
senger Railway Company. This ease again came up for
/miring The complainant's counsel did not appear
Joseph P. Longhand apparel on part of the defendants,
and elated that he thought the claim of the complain
ant's was amicably settled ; that an appraiser had been
appointed by the complainant and one by the defendants,
and that the two together had appointed a third ap.,
praiser according to the act of Assembly, which incor
porated the defendants ; that the appraiser ap.
pointed by the complainant had set the sum
of $59,000 as due, and the appraiser from the defendant
had set the sum at $99.000; that the third appraiser
maid that the amounts were toe different for him to
irme to a conclusion an to which was right; that the
defendants then leveed to pay the sum of $2O 000 cash
or $40.000 in certain rates of payment; that the parties
in the case afterwards agreed to take $40,000 for his
claim, the payment to 4215 000 in oath, and the re
mainder to be given in oertain notes payable in one
year; Mr fioughead stated tblt the ease he thought was
nettled, and he did not wish to argue it; Judge Ludlow
then Beldam would continue the case, and if the de
fendants did not come up to their contracts, the case
could then be argued.
Gustave Deschamps vs. The 'Second and Third. streets
Passenger Railway Company An application for an in
junction to restrain the defendants from running on
their road until they shall have paid for his line of om
nibuses, stock of horses, harness, sleighs,
dm. Mr.
Bougbead, counsel for the defendants, elate d that he
hoped that upon the settlement of Toe. Glen Vs case
this case would bo settled also in the same way, but
that they bad come to no settlement as yet, and that be
would ask the court ter their opinion in the cam. The
Judge then said he would deliver his opinion in this
case on Saturday next.
- Mr. Loughead said, after speaking in the other amen,
that in the Second and Third-streets Passenger Railway
Company he would say that there had been en much an
noyance in consequence of injunctions against them,
that they would ask for an Injunction.
The Second and Third-etreets Passenger Railway
Company vs. The Green and Coates. 'streets Passenger
Railway Company. An application for an injunction.
This case came np yesterday morning, but wan continued
oyar for argument.
Whitson's dr. Skillman vs. The Philadelphia and
Gray's Perry Passenger Railway Company —This
cue, In which an application was made on behalf of
the owners of the Pine-street omnibus line, to restrain
the railway company from running their cars until
hey shall have purchased the omnibus stook owned
and need on Pine street, was argued before fudge Lud -
low yesterday morning. It was contended on the part
of the complainants :
1. That the second usetlon of the act of Aeunisbly
wag' designed, for the proteatlon "of the interests and
property of the omnibris owners, by providing for the
purchase of the stock owned and Wed on Pine street.
A. TIMM* railway company rimless jail and amyl.;
consideration,fot the obligatienAhne Impend in a mo
nopoly of Sprnia and Pine striae forever, or a long
series of rests, -•-
3.'That the prirehiusOor the - manillas stook hi a con
dition prece.dent whfeh„nmst,baaoinplied with before
the caropany can we the road of rturthe oars.,
4: That the appraised:tent has been made; aixiording to
lea; by the Mice appraiiirs, 1614 - that. as the act
dares that their valuation. shall be binding and anal,
there can bean appeal by either party -
On behalf of the Railway Comp.:Tit WAIL contended :
1. That the Compeer had delegated their right of
ap
pointing an appraiser to the :contactors mho shad coa
-1 strutted the road. - „F^,- -
•
2.. That the compa n y oy L ad - nev er"-appointed an ap
praiser.
3. That the appralsement made wail informal awl
void. -
William 3f - 13 w '
M. m an .N . snorer complainants ;
Juvenal and Stephen Bentenforfespondents.
QUAIITEN - BEASlON l l44ladge Thompson
Itob '
Wilton Stewart Wire were with
corepiracy.• _The alleged conspiracy consisted of ob
taining wagone from Mr. Willis... Jack, who is a coach ,
malleri and pawning them with Mr. Phillp Natbane at
the corner of Marshall and Callowhill streets. ,The de.
fenoe - alleged that the' wagonewere,purchased. The de
fendants represented tO Mr;Jack that they were In the
liquor business; imd , werel engaged in going around the
country telling liquorby samlikei: They had paid one
or two instalments on thewagone and whin the defend
arite pawned the wagons; it walriderely done to pay
another Instalment on the wimenc - and that it was a
bona Ode transaction --The defendants had no intention
to cheat or defraud Mr. Tank:, •
Mr. Samuel Ovensblne testified to Jack having told
I him that. htewart-and McGill had purchased the wa
gons. These defendants were trled'on list kfond.y for
the larceny of the wagons, and. the Jury acquitted
Stewart. but the court convicted McGill; The case
ecru-led the attention of the - cant all - .morning. Oo
trial. Monday for the Commonwealth; Smith, Arun
del, Brown, and Bull for the defendants. fury out
' John Woodward was charged with tee larceny of
$1,500, the property or-Edward Montgomery, deceased.
On trial, , •
Karts -:-Miss rate Dean And Mr. W. 11.
Cooke give a concert at Musical Fend Mail on
FridayWiening. The lady. who is a rising vocalist,
continues to receive from the Now 'York press
many high encomiums for the proficiency she is
making in musics; sln.a late number of the Muss
cal World, edited by that accomplished composer
R. Storr Willis, we observe the , following notice of
her: - .
' ' to ir •IC ta
orne we now ins a ean—a_young la
dy whose native Fusion for music hild'conducted
her through the labyrinthine paths of study to the
genial sunlight of pohlio favor.. tier father, like
a musical Cinoinnatus , abandoned the plough to
conquer a victory - for his child. -We are glad to
Dave if in our power to say that so far he has suc
ceeded. Miss Kate Dean's Moe is a high soprano,
of very pure,quality, and excellent range, upwanls
especially. It has been cultivated Judie,' ously by
Signor tinfoil,* and n r good Italian *Abed Im
parted- • * * # # *
Her efforts on Tuesday eveningorhetherinHoni
setti'snavatina or -Benediet's trying ballad, were
in the highest degree flattering. We cannot in
deed recall's debut more satisfsoniry. Let us hope
that in -the tour which the - lady proposes to take
thronghthe country, she will meet-with the sym
pathy and support of her countrynten.',
w A great deal of credit ,ifralsoSue Maim. Se
gain, her teacher in English &aid singing, and
who taught her, :those, delightful trills and warb
.
lings. But more anon. , - •
CITY ITEMS.
Irottirrwrom? have already
referred ic;thieplandldimPioveinenti recently erected
on Eighth street,sonth of Oheetnnt.' 7 The fiend of pro
ven hie been energebeally ait;vrorirtrithirr the last
few years In the localitj above desigMitea, arid a mon
interesting festers in the history Cottbus improvements
la the faetthat almost: every new braiding theta - erected
is virtuttly.the ont,grewth of, years of industry prose
cuted that imm e diate vicinity by theiri present
Prominent among the several new badness edifices
here referred to, we roar name that or No 'll2, built and
owned byPater Conrad, Pao., This gentle Maia, u many
of one reader. are aware, has for many years carried on
upon an extensive Neale the nianrifsetnre'of boota and
atom In - which deParteient of manufacture he has
proved himself sonuccessfnl n caterer to the public de
mends that his position, to-day f ie not-only one of,com
fortable pecuniary independence, but or enviable pre
eminence in his profesaion. may not thaileim for
saying what we are tempted here to Wainer ' vic
t that
we bare the beat resitting for feinting that . hi s indepen
dence; iu theUmmon business acceptation o of the term,
is largely attributed to hie' etristly independent mode of
doing bus iness.,,
Acting upon thrprinciple i that in thin °matey labor
ehonld be shove the dictation of Conrad
bee uniformly carried out the eysteni ',of furnishing a
first-rate ardiete,and charifng a remunsraiiee price.
The splendid new edifice, above referred to, although
erected for fdr; Conrad's own nie, he has since then
decided to let. It presents a four-story front of beauti
ful pressed brlci work, the window.headings`being of
picket atone, richly carved, giving" n very pretty'effent
to the exterior of the, buildings An $o illustration of
the real progress achieved in that quarter; we 4isy state
that this building occupies:this lot which, mall a short
time ago, was the site of Ai Tavern; nonboml
noble rummy, over. the destruction of which countless
Multitudes wagged Their tougueit with - approving ejacu
lations. The basement of the present structure-bas
already been rented for a restaurants Tbe - maiii ficor,
we understand, has been taken by bfr. : San rail ' - Dairen
for an auction matt , whilst the 'app.* . 'static% We be -
lieve, have all been let fdr mani,factnyintputinkieff, for
which they are admirably eidinteit".! t
Elall7ll AIM Emma GArenEW.-7.n no veipcst la
the fact 'cif the, growth "of ruit:poPtilons, eltyriorth
' ward, More itrikingly manifest 4 thailithe growth of
business in that direction. But a few yearn's°, Spring
Garden street—which, as moat of our . readers are
01111Z0; is uptown business thorou ghfare =could,
at most, boast of but slew second-rite ihopa. T•J-day
,at beautiful avenue ran count its stitien; alike
Gibie to theleitoirletOrs; and that'section'at the city,
by scores; aid we are' pleimet .to-add that ~,lltutrade
welch , there - concentrates;whioh - ts -mainliVotalf, of
course; le not only of the most reepeatable Eldief';'hut In
at this time - girthiludidations of the'firoet ibeeririg ac
tivity In peening.. the poPulnr 'dry-goals home of
Messrs. Thorniey dr. Ohhun, yesterday, one of the pio
neer establishmenta 'on that' sieniniiiocatek`nn the
,northeast corner of Eighth;,we
.wern,gritlifid to 'rind
their-store 'literally crowded:with - cUstomert; also,
that the entire season with them, thus far, had been
one of unprecedented' etteeess—:an effect, which we
were moreover pleased' tolinnirtliS intirinielliffpro
' prletors had the heneetY So necribe'MetiatireblY tie their
advertising in TAe Press !
• -
" GARBER'S Tanis," for. tetiting , the weight Of
Coal by measurement in bins , boa prove d itself of great
utility babounkeepare and the public generally.
This " Table" has been highly recommended by the
"Ledger," " The Press," the <• Inquirer," the , iNorth
American," ,as well as by the press of other cities
where the practical application of this "Table" has
forced every coal dealer to do hie duty.
" Garber% Table," - although prepared at groat ex
pense andtroubleils very:simple, and its reliability to
Measure from one ton to thousands to beyond a -ques
tion. Let every housekeepsr hue bias in his cellar,
and , possess one of Oarber's Tables, - and - we — challenge
any coal dealer to defraud him - except in the quality
of the coal, and that has its own remedy.:
For instance—a ton of Lehigh coal must measure 38X
eubleal 'feet ; a ton of white aeh Schuylkill coal ',nil cu
bical feet; a tan of gray er pink ash Schuylkill coat, 41
cubical feet Now, the length, breadth, and height of
the bin multiplied together, and divided by the afore.
lining contents of a ton, the quotient _must show the
number of tons therein. These "Tables" can be had
gratuitously of A. Garber' fr. _Bon. Anthracite
Broad street, above Spruce, opposite the_ Opera
Houseian& of Garber it Long, at the corner . of Thir
teenth and Willow streets. - -
FALL OPENING.—We direot the attention of the
ladies to the splendid opening of 'Unary, by -Mrs.
Bishop, 915 .Chestnut street, which takes • place this
morning. tier rooms will, donhtless, be crawded'by
the efiteei fashion, who nrenager- to have - the ant
eight of the exquisite varieties which she ham prepared
for the present season. Pre-eminent amongst the lead
en of her profession In the city of Philade'phia, Mrs.
Bishop has long been distinguished for the adullrable
taste and elegance of her hats, which defy all rivalry.
It Is impossible to make a poor selection oat of her
astonishing variety or styles. ,
PEOPLE'S LITERARY INST/TTITE.-Our. readers
will please bear in mind that J. W Cartie , Esq., will
lecture this evening at Concert Hall, his subject to _be,
" Democracy ■nd EdicatiOn.w'
Tun Lure-OF-BATTLE SHIP—We heartily Wel
come Glemion—rthe!priginal Rat of 'Our Union—the
true Gleason's Pictorial—back again into the nerrepa
'per world, wherein he allowed himself to be as saga
cious ne enterprising, and met with that success
which his enterprise and perseverance leo well de
served. After an absence of four years, his active
nature again seeks the employment be is so well
fide& for, and he comes before the public in gal
lant trim as Commodore of at.gasos , s Lissa-or -Cm:-
TLIC SHIP.
This new weekly is, without question, the . largest
and handsomest literary sheet In the Union. - It is
freighted with At precious cargo of sketches, tales,
poetry, biography, editorials, wit, and fun. Thera is
something for all, and the weekly 'lefts of this aplin
did Balsle-:. hip cannot but be welcome to hosts of
readers —Herald.
The Battle• Ship Is for sale by A. Winch ; 820 Chest
nut street-.
Mn. PEALE AND TILE PORTRAITS OP WASHING
TON.—Mr. Rembrandt Peale delivered his lecture on
the Portraits of Washington, on Tuesday night, and Il
lustrated it with portraits of the great patriot, attired
in military and eenatorial costume. _ Bait Washington
flourished fifty years later, the leeturere of s future ge
neration might have• exhibited a portrait of him in •
snit of clothes made by - Rockhill & Wilson, for he
would certainly have , patronised the Brown Stone Clo
thing Hall, Nos. 603 and 605 Chestnut street, above
Ciath.
TRDE.—Let a king and a beggar converse freely
together, and it is the beggar's fault If he does not Eay
something which makes the king lift his hat to him.
This is more than ordinarily true ; as is, also, the tacit
that the largest, best made, and cheapest stock of ready
made clothing in the city, may be fount at the Pa
latial Clothing Store of Granville Stokes, No. GOT
Chestnut street.
SILVER PLATED CASTORS, $2.50 to $25.
Silver Plated Tea Este, 420 to $75.
Silver Plated Cake Baskets $540 $l5.
Marngeotared by B. W. Carryl, 714 Chestnut street
FALL AND WINTIR CLOTHING, in great variety,
fresh made froth new goofs, consisting of black, brown,
and blue_ Overcoats, Backe, and Baglana, for moderate
or cold weather; badness coats from Beaver clothe;
pants of Caney Scotch, French, Initial, and American
Otlashneres, Black Oarsimero and Doe-skin pante.: A
large assortment of vents from Velvets, Cashmeres,
oassimeica, Silks, and Satins, cut in the latest s!yles ;
also, a large :assortment of gentleman's furnishing
goods, selling extremely low, at N. H - Eldridge's "Old
Franklin Hall Clothing Emporium,'! No. 321 Chest
nut street.'
NSW GOODS FOR HOIJSRESEPEHS.
Door Mate and Woollen Rugs of all nib
Urns, Chafing Dishes, and Soup Tureens.
Enamelled, Tinned, and Plain liollow-Ware.
Ladies' Workstiands, Fire Foreens, - Willow
&e., &e. .
With a general assortment of Honse•keepinq - drtioles
Imitable for the mesa* at the' new fltore;-tiontliielt
wrier of Wind and Do* atroets,near the Eitiking4,
N. a. FAISON & Co.

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