The press., November 15, 1861, Image 2

FRIDAY, NOVEMBER 15, 1861.
EXTRACT from the east speech of
STEPHEN A* DOUGLAS—“ The conspiracy
to break up the Union is a fact now known to
nil. Armies are being raised, and war levied
to accomplish it. There can be but two sides
to the controversy. Every man mnst be on the
side oi the United States or against it. There
cnn be no neutrals In this war. There can bo
none but patriots and traitors. ”
LATEST WAR NEWS.
-vrc published a despatch yesterday, purpMtiag
to be founded on the contents of a private letter
published in the Boston hanseript, to tlie effect
that the rebel troops at Norfolk had mutinied, and
that the stars and stripes were floating over Pig
Point battery, a rebel fortification opposite New
port News. Since then, we have further news, by
the Fortress Monroe boat, wbicli arrived at Balti
more yesterday, that partially confirms the intelli
gence of the revolt. Some of the passengers, who
were brought from Norfolk, state that there was
great excitement in that city in consequence of
indications of* an outbreak having been discovered
among the rebel treeps at Pig Paint battery, appo
site Newport News.”
The Washington Star of last evening says that it
has reason to believe General Johnson has concen
trated ntWinehoster six thousand of the Confede
rate army and about five thousand 1 irginia militia.
Thi3 has been done clear!}- for the purposo of a
sudden assault upon the position occupied by Gene
ral Kelly at Ktmney.
The following is the result of the election in "Vir
ginia for members of the rebel Congress:
Second district, J. K. Chambliss, of Greenville :
Third district, ex-President John Tyler, of Charles
city ; Fourth district, Roger A. Pryor, of Pators.
burgj Fifth district, Thomas S. Bocoek, of Appo
mattox ; Sixth district, John Goode, Jr., of Bed
ford : Seventh district, James P. Holcombe, of
Albemarle; Eighth district, I). C. Dejornette. of
Caroline; Ninth district, William Smith, of Fau
quier ; Tenth district, doubtful between Boteler
and Hunter; Eleventh district, John B. Baldwin,
of Augusta; Twelfth district, Fayette McMullin,
elected; Fourteenth district, believed that A. lx.
Jenkins has been elected : Fifteenth district, Robt.
Johnson, of Harrison; Sixteenth district, Charles
W. Ruftell, of Wheeling-
No returns received from the First district, in
which M. K. H. Garnett and John Catcher are
the candidates.
At the Congressional election, held in Nerth
Carolina, the following candidates were successful:
First district, W. N. H. Smith; Second district,
R. B. Bridgers; Third district, Owen R. Keenan ;
Fourth district, Thomas D. McDowell: Fifth dis
tfiii, A. 11. Arriugiou; Sixth district, J. H. Ma-
Lean: Seventh district, contest between Thomas S.
Ash, J. H. Headen, Hugh Waddell, and S. H.
Christian; Eighth district, Wm. Lander; Ninth
district. B. S. Gaither; Tenth district, A. T. Da
vidson.
Among the important results of the victory at
Beaufort is the capture of a large amount of cot
ton. From the repeated orders of Jeff Davis and
his Cabinet, that uo cotton should be taken into
the seaboard cities, and that it should all be re
moved into the interior of the different States,
where it would be safe from capture by the Fede
ral troops, iHABy supposed that, the robols had
obeyed his mandates, and that, instead of placing
it where our soldiers could obtain it, they would
keep it hid away in remoto localities, until some of
the European Powers broke the blockade, or their
independence was acknowledged. But this opinion
was evidently erroneous, for the Charleston Mer
cury states that upwards of tit-o million dollars'
worth of cotton hath fallen into the hands of tjie
Federal troops.
It is a remarkable fact that some of the most
prominent commanders of the naval expedition
were either horn or raised in the Southern States.
The commodore, Dupont, "although born in. New
Jeiscy, was appointed to the navy from Delaware,
and most of his relatives are residents of that
State. Captain Stcedman, of the steamer Se/vi
elm, ia a native of South Carolina, and Captain
Drayton, of the Pocahontas, is also a native of
that State, and the son of a former Congressman
(now deceased) from the Charleston district.
Now that Fort Royal and Beaufort are in our
possession, it is evident that the proper military and
naval authorities will take measures to reinforce
General Sherman, so that he will soon have a suffi
cient number of troops to conduct extensive offen
sive operations against the rebels of the eotton
States. Our correspondent at Washington has good
reason to believe that orders have been issued to
several regiments in -the army of the Potomac to
hold themselves in readiness to reinforce General
Sherman, while the Washington Star of last even
ing states that two regiments have already gone
forward, and that they will be followed by fifteen
thousand more men ly Saturday next.
Actual Issue of the War.
The Jo I’scans of Victory are sounding
through the land. Out of the gloom has come
the glory. Providence has crowned our arms,
by sea and land, with great successes—the
more valuable because they had been preceded
by some disasters. The cause of Freedom,
of Union, and of Constitutional G9 v OVRtUCnt
is triumphing—and, with God’s help, Treason,
and Robbery, and the usurpation of Anarchy
will be trampled under foot. We rejoice, as a
People—let us also, ns a People, never forget
whose aid has helped us in our need, whose
strength has maintained us in the sore trial of
adversity, in the severe struggle for the Right.
Let us, as a Christian people, humbly and
gratefully acknowledge all that lie has done
for us.
The actual issue of the contest in which we
are engaged is greater than, in their hasty judg
ment, most men suppose. It is not so much
whether the various American States shall
continue in that Federal Union inaugurated
by the National Constitution—not whether
N orth and South shall remain linked together
—not whether Abolition or Slavery shall pre
vail—not whether the landmarks of party shall
be preserved—not so much these, any or all of
them, as whether the greatest experiment in
Government ever made, since mankind in
creased into families, tribes, and peoples, shall
continue a great success'or crumble down into
an imminent failure. That is the actual issue
of this great contest—the triumph of popular
will or the usurpation of despots.
Gild the fact as we may, monarchical go
vernment, no matter what its modification—
from the gentle sway of Victoria to the im
perial autocracy of the Russian Czar or the
French Emperor—is an usurpation, in one
way or another. The People have no hand,
no voice in it. The form of election took
place in France, in December, 1852 ; but,
though Napoleon certainly was the popular
choice, their very act established an usurpa
tion, for it permitted the crown to descend,
cither to a child then unborn, or to his nearest
surviving relative, no matter whether or not
the nation. By monarchical in
stitutions, the people have no voice in the
choice of their Chief Magistrate—when a so
vereign dies, his next heir—son or daughter,
brother or nephew, as the case may be—suc
ceeds him, without challenge, without choice,
and the subject who refuses to acknowledge
submissive allegiance] to this succession, even
though the new ruler be an idiot or a crimi
nal, incurs the penalty of treason.
In the world’s history, Republics have risen,
flourished, and fallen ; Greece and Rome re
publican for a space; Holland, Venice, and
Genoa, also had their time of independence ;
England herself enjoyed the dignity of true
empire under Cromwell, the Protector; and
Switzerland even yet preserves -the form,
though the right has been often jeopardized of
late by the encroachments of surrounding na
tions. But, the first time in the annals of
ages, here, in these United States, we havo
asserted and shown the mighty power of self
government, freed from the chains of heredi
tary usurpation, developing, by equal laws, the
resources of a mighty nation. To preserve
this, to prevent foreign potentates from ex
ulting over the ruins of our mighty empire,
is the real issue of the present contest here.
Our recent successes more than ever assure
us that Divine Providence, who has guarded
and supported us from the moment when a
few bold men, doing a people’s will, signed
that Magna Cbarta of our freedom, the Decla
ration of Independence, will continue to sus
tain and strengthen us. Without His aid,
vain would be the wisdom of our rulers, vain
the valor of our citizen-soldiers. In Him the
nation trusts.
Among the candidates mentioned in connection
with the office of Speaker of the House of Repre
sentatives of Pennsylvania is F. M. Crane, Esq., of
Wayne county.
One or tiie National Gr ah ns. —Mr. Ferris, a
worthy member of our. National tiuards, who
served his country in the early months of the cam
paign, has opened a restauran t at 807 Locust street,
and seeinsjlkely to do, and deserves, a great busi
ness.
Sale of Household Furniture.— This morc
ing. at 10 o’clock, at Birch A Son’s auction store,
No. 014 Chestnut Street, furniture, carpets, books,
Ac.
Conviction of a Slave Trader.
Boston. Nov. 14.—S. P. Skinner was convicted
to-day of fitting out the Ship Margaret as a slaver.
British Neutrality
The Duke of Anovr.L, who holds the office
of Lord Privy Seal in the Palmerston Cabinet,
lias been spcccltniakitig on American matters
like most (if tllf lading (m\ mis-leading) po
liticians of England. lie is a gentleman of
some talent, rather as a pamphleteer than an
orator ; exceedingly conceited, as very small
men generally are, with a substratum of com.
moti sense, as is the case with most Scotch
men, as Hie basis of his conduct and oratory.
Son-in-latv of thu Dowager-Duchess of Su-
Tiimii.A'.'n (long in the sendee of Queen Viu
toria, as Mistress of the Rohes, and generally
known as the friend and patron of Mrs. H. B.
Stowk and the Black Swan), he also has been
pushed along in public life by high rank and
vast wealth. Out of office, his influence
would he limited, hut, as a Cabinet Minister,
speaking tinder a strong sense of responsi
bility, and a certainty that every sentence he
uttered on the great question which now en
gages, we niiglit even say which now engrosses
the world’s attention, his revelations may ob
tain tho distinction of being considered al
most oracular—under the circumstances.
The Duke of Anr.ru, then, publicly speaking
as a member of the British Government,
strongly deprecates any foreign interference
whatever in American affairs. That, indeed,
has been the avowed policy of England for
several months—first declared last May, in a
Proclamation issued in Queen Victoria’s
name, and again enunciated in the Queen's
speech, at the close of the Parliamentary ses
sion, in August. If this complete neutrality
had been rigidly carried out, the name and
word of the .British sovereign having been
pledged to it, there would not have been occa
sion to complain of Earl Russell or of Lord
Lyons. Russell has not yet taken any step
to punish the conduct of Mr. K. W. Keats,
Governor of the British West India island of
Trinidad, for allow ing the privateer Sampler
to coal in the harbor of Port of Spain (the
capital of the island), and Lyons, as far as our
information goes, has not yet ascertained from
Jfy, J. T, (Ibawford, C. 8., the British Con
sul General at Havana, whether it he true, and
if true, on what grounds he can justify, that
he donned his official uniform when tho rebel
Commissioners, MasOx and ril. 1., lately
visited Cuba, and introduced them to the
Captain General.
Thinking of such things, one may wonder
why, in defiance of the Queen’s Neutrality
Proclamation and Speech, and in the teetli of
sundry Ministerial declarations that the prin
ciple of non-interference should be strictly
carried out, Earl Russell and Baron Lyons
should act in a manner which,do say the least
of it, seems suspiciously like favoring “ the
so-called Confederated States.” If our Go
vernment were not very forbearing, Lord
Lyons and some other foreign diplomatists
now on duty in "Washington would have had
their passports politely sen! to thorn months
ago. But the day of reckoning up and re
paying these small favors may be more near
at hand than some wiseacres anticipate.
Suggestive.
The approaching visit of Queen Victoria
to the Duke of Newcastle, who has been en
tertaining the Prince of Wales, Will confirm
the general impression that her friendship for
and confidence in that nobleman will call him
to the Premiership in the event of a vacancy
by the death or resignation of Lord Palmer
ston. Inasmuch as the Duke, over since his
visit to this country, and especially since the
rebellion broke out, has invariably expressed
Ills admiration of this country —notwithstand-
ing the outrageous conduct of the F. P. V.’s
in Richmond to himself and his royal pupil—
we have some cause for being interested in
tbe probable elevation of a statesman whose
antecedents warrant the belief that be would
carry out a manly, straightforward policy to
wards this country,
His public career may bo stated in a few
words: He sat in the House of Commons
during his father’s lifetime, from 1832 to
1851; was one of tbe Lords of the Treasury
during Peel’s first administration, from De
cember, 18-34, to April, 1835; First Commis
sioner of Woods and Forests, also under
Peel, from September, 1841, to January,
1&46; Chief Secretary for Ireland from the
latter date to July, 1846 ; Secretary of State
for the Colonies from December, 1852, to
June, 1854; Secretary of War from June,
1854, t 6 February, 18-55, and was reappointed
Colonial Secretary in June, 1859. Thus, he
has been nineteen years in the House of Com
mons, ten in the. Lords, aDd nine years in the
Cabinet.
There may be a particular object in the
royal demonstrations in favor of the Duke of
Newcastle. It lias been reported that an at
tachment exists between hjm and.the Princess
Mary, sister of the Duke of Cambridge and
first cousin to Queen Victoria, and that her
Majesty' is disposed to waive the right which
she possesses, as Sovereign, to forbid the
marriage of a Royal princess with a subject,
however high his rank. The lady will com
plete her twenty-eighth year in a fortnight,
and the Duke was fifty last May. We do not
think that, if such an alliance wore to take
place, it would diminish the Duke’s chances
of succeeding Lord Palmerston as Prime
Minister of England. Our opinion continues
that he will have an offer of the place, and
that, from his known friendly feeling to this
country, he would act fairly and honorably
toward it, under all circumstances.
The Washington Chronicle, a newspaper
conducted with much enterprise, which has
attained an immense circulation, speaks as fol
lows of the late election in Maryland :
“ Therefore, we accept the vote of Maryland as
a declaration of her abiding faith in the Union of
these States; in the integrity of the Constitution;
in the justice of Mr. Lincoln’s Administration.
And, perhaps, to the justice of Mr. Lincoln and his
Administration we may attribute this result more
than to any other canse. In administering the
affairs of this Government, the President is exhibit
ing a conservative statesmanship which represents
the true voice of the loyal North, and appeals di
rectly to the honest and conservative feeling of
Union men in the loyal States. The effect of his
course saved to us Kentucky, strengthened us in
Missouri, awakened the loyal heart of North Caro
lina, and has now anchored Maryland forever in
the waters of the Union.”
The effect of this election can hardly bo
over estimated, particularly in the city of
Washington. Not only has it given assurance
to the Government that the people of the State
of Calvert and Carroll are loyal to their
obligations, but it is a pledge to all those who
arc interested in maintaining good order in
the District of Columbia that their apprehen
sion of an invasion by the Secessionists, and,
therefore, of the destruction of their property,
may be dismissed at once and forever,
Public Amusements.
Walnut-street Theatre.— Mr. J. S. Clarke
will take his final benefit, at the Walnut-street
Theatre, to-night. Three pieces, “ Our American
Cousin.” “Robinson Crusoe,” and “Tho Man
and the Tiger,” will be played, in all of which
Mr. Clarke will appear. The benefieiaire’s known
ability, and his connection with the Philadelphia
Stage, together with his social excellences, ontitle
him to a fine entertainment.
Arch-street Theatre,—Boucicault’s comedy
of “ West End ” was produced last evening to a fall
house. The author, more than any other in tho
language, appreciates tho requirement of his age,
and fully understands the resources, artifices, and
illusions of the stage. He has developed, more
than any other playwright, the intricacy, the wit,
and the novelty of dramatic composition ; and his
plays have achieved in Eurone and America merit
ed and prolonged success. « West End " has tho ossa
and sarcasm of “London Assurance.” It intro
duces Miss Thompson in a charming Irish character,
and gives the abilities of Mrs. Drew, Mr. Gilbert,
Air. Mortimer, and Air. Frank Drew abundant
scope. Mbs Wells, always capable, versatile, and
amusing, was well received, and Air. Henri, who
played an eccentric Frenchman, redeemod himself
from a tolerable reputation.
On Saturday nigiit, Tom Taylor’s comedy of “ Up
at the Hill ” will be produced, with a oast em
bracing the whole company. Much interest attends
its production.
Academy of Alusic. —Herrmann's valedictory
performances are sufficient evidence of his popu
larity. No opera season, of late, has been so prolific
ol' fashion, and still better, money, as tho seances of
the prestidigitateur. There may be magic in the
name, but his style of performance is so elegant,
and so far superior in its presentation to those who
have preceded him, that wo cease to wonder not
at hia feats of prestidigitation, but at the magne
tism of his attraction. To-night, he gives his
comic programme for the last time. To-morrow,
his farewell matinee, and, the B&me evening, his
last performance in Philadelphia.
Large Auction Sale of Carpeting, Druugf,ts,
Rugs, Mats, Ac. —Tho early attention of buyers is
invited to the large and attractive assortment of 300
pieces rich English velvet, Brussels, three-ply, in
grain, Venetian, heuip, and list carpeting 3, printed
druggets, rugs, mots, hassocks, Ac., to bo peremp
torily sold, by catalogue, fur cash, commencing this
morning, at 101 o’clock, by Myers, Claghorn, A Co.
auctioneer?. Nos-232 and 231 Market street.
LETTER FROM “OCCASIONAL.”
"Washington, November 14, 1861.
What a flood of thought is suggested by the
despatches of Commodore Dupont and Briga
dier General Sherman, and particularly by the
splendid proclamation of the latter to the peo
ple of the almost-conquered State of South
Carolina! Apart from the military advan
tages that must result from the success of this
great expedition, certain political considera
tions become unavoidably prominent. Gen.
Sherman, with statesmanlike skill, draws the
line between tiro paramount power of the
Federal Government and the perverted doc
trine of State rights, which, advocated by Cal
houn, has produced most of the evils under
which the Southern people are now groaning.
Be directly otters a premium for loyalty, ex
tending tlie warmest encouragement to all
who fiwl disposed to acknowledge the autho
rity of the Federal Union j and asserting that
it is not the purpose of the army under Ills
command to wage a war of subjugation, he
nevertheless gives disaffected parties, and
especially tho traitor leaders of the South, dis
tinctly to understand that if they continue to
provoke the indignation of the nation they
have assailed, they Yvill have nobody to cen
sure but themselves if they are rigorously
chastised for it.
Sybil! Carolina has ten ill? Iwaikinarteva,
not merely of the Disunion element, but of a
social aristocracy which subsists entirely upon
the proceeds of slave labor, and . boasting of
certain high ancestral associations, has .is*
siuned to look down upon tbe people of the
free States as its inferiors. Senator Ham
mond Yvas a type of this class, and lie never
spoke thejr sentiments mote truly than when
he called the people of the North and
tho Northwest “ mudsills,” a remark
which, yon trill recollect, elicited from the
lamented Broderick a memorable rebuke.
The South Carolina gentry—tho Prestons,
the Aikens, the Mannings, the Hammonds, tho
Butlers—have always considered themselves,
not only a better elasH than tho rich and well
born of the free States, but have maintained
towards their associates in tlie South a super
cilious and haughty deportment. They "al
ways regarded the Federal Government with
undissembled contempt, holding up South
Carolina as a sort of imperium imperio —-a
world within itself, a sort of Arcadia controlled
by a few men, and utterly distinct from all re
lations, except what commerce rendered ne
cessary, with the outside barbarians. There
has boon, so to speak, no middle class in South
Carolina. So completely had these leaders
obtained possession of the public conscience
and the public judgment, that the whole
policy of the State was confided to thorn. In
stead of voting for President, like tlieir felloYV
citizens elseYvhere, the Legislature chose the
Presidential electors. Such a thing as
a contest for -a Congressional nomination
.was rare. Men sat in Congress as the
British noblemen sit in the House of
Lords, by a prescriptive and Divine right;
and as to the Senate, the idea of an enter
prising mechanic, or a progressive busi
ness man, or a laYvyer who had worked his
way up from obscurity, attempting to asgir?
to it, would have given rise to a revolution.
These aristocrats had so much contempt for
tbe forms that regulated parties, and were so
constantly ambitious of being considered tlie
beau-ideal of states man and of scholars, that,
while professing to he of tho Democratic party,
they delighted in ridiculing it, and Yvliile gene
rally voting for Democratic Presidents, they
declined, for many years, sending delegates
to Democratic National Conventions. They
lived a life of luxury and ease. Scorning the
spirit of enterprise that always animated tlie
neighboring State of Georgia, they preferred
that Charleston and Columbia, and other large
towns, should rather decay for want of a pro
per public spirit than to advance and prosper
under the progressive idea, which was in their
eyes only another evidence of Northern vul
garity.
This intolerance and exclusiveness has not
only made them odious in the free States, but
excited tbe bitterest hatred against them in
the slave States. Of course, its effect upon
intelligent men in South Carolina itself must
have been great, because it would be mon
strous if such a tyranny could have been sym
pathized Yvitli by those yvlio reluctantly yielded
to it.
As" an illustration of this remark, I need
only mention the manner in which every at
tempt to arouse the Union feeling of the State
has been crushed out' When Colonel Ferry
raised the standard of the Union in one of the
interior counties, he was so persecuted and
threatened that nothing saved liis life but sub
mission to tho gentry; and when Colonel Off
intimated a preference for Douglas, and a de
sire to establish closer relations with the con
servative Democracy of tho free States, he
was laughed at as an office-seeker, and ruled
out of the charmed circle, to which he only
obtained readmission by becoming an abject
tool of the Secessionists. You will at once
perceive that the overthrow of this conceited,
dictatorial, and disgusting class of aristocrats
will not occasion much grief, either North or
South.
What a consternation General Sherman’s
proclamation must excite among these men !
Their alarm and indignation can only be
compared to the surprise and horror of the
old French nebility when Napoleon, with his
strong hand, broke up their aristocratic
privileges and drove them from the Faubourg
St. Antoine. The fates have decreed that, un
less they submit to the Federal authority they
have despised, they will not only lose their
aristocratic privileges, but the vast incomes
upon which they have heretofore subsisted
without toiling or spinning—because, accord*
ingto the policy enunciated by General Sher
man, these gentlemen will not be permitted to
flourish upon the proceeds of the slaves, and,
at the same time, te maintain an armed oppo
sition to the constitutional authority of the
United States.
Now as to the slaves themselves. Many
speculations have been indulged ns to the feel
ings of the colored population in the South in
this crisis, and much indignation has been ex
pressed that, in the Border States, they should
seem to have been so indifferent, and should
rather have aided tho rebellion than have em
barrassed it, thus giving confirmation and cre
dence to the assumption of the slaveholders,
that the most devoted class in the South were
those held in bondage. I have always con
tended that the slaves of the Border States
have remained quiet simply because the
tyranny of Secession was heaviest there, and
because Of the comparatively small numerical
proportion of slaves to the whites. It is
different in the Cotton States, .where
large masses of blacks are congregated
together, and where, in many districts,
the whites constitute a very small part of
the population. . Besides, too, if there is
any cruelty exercised against the slaves, it
is in the Gulf States, on the extensive rice,
cotton, and sugar plantations, where tho over
seer is often a besotted and vulgar creature,
who is paid by the absent potentate, the
wealthy owner, for getting the most work out
of these poor wretches, and who discards
every mctliod of persuasion—especially books,
schools, and churches —excepting that which
belongs to the whipping post. "Wherever a
negro is found to be turbulent in the Border
States, he is transported to the Gulf States,
and held there as an incorrigible criminal, and
it is easy to perceive, if he is gifted with rea
sonable intelligence, how much evil he may
disseminate among his fellows. In Maryland,
Virginia, Kentucky, and Tennessee public
opinion compels the masters to see that tlieir
slaves are tolerably well treated and cared
for, but what kind of public opinion is there
in South Carolina ? where is the public opi
nion in Alabama, Georgia, Louisiana, and
Mississippi, which allowed the Secession con
spirators to obtain the upper hand, even in
the face of the fact that they were embarking
in a crusade upon a generous Government,
and at the same time rendering almost inevita
ble the very servile insurrection which they
had foolishly charged as one of the objects of
the Republican party ? But I have no leisure
to pursue tjie overwhelming reflections created
l>y the startling events now transpiring in
South Carolina. What I have written may
serve to quicken other pens to a more elaborate
and thorough discussion of this momentous
question. Occasional.
Bale of Superior Furniture, this morning, at
1210 Raco street.
Sale op Wool and Cotton Cuttings, Leather,
Ao., to-morrow, at the auction store. South Fourth
street, by order of the United States. Now arranged
for examination.
Bee Thomas & Sons’ catalogues ami advertise
ments of both sales.
THE PE ESS—PHIL ADELPHIA, FRIDAY. NOVEMBER 15. 1861.
LATEST NEWS
FROM WASHINGTON.
INDICATIONS OF A FORAYARD MOVE
MENT OF TIIE ARMY.
GENERAL REJOICING IN WASHINGTON OVER
THE BEAUFORT VICTORY.
GEN. SHERMAN TO BE IMMEDIATELY REINFORCED.
A COTTON TRADE TO BE OPENED Tip.
Discharge of Fremont’s Staff.
CAPTURE OF AN ENGLISH VESSEL
WITH WAR MUNITIONS.
CONFESSIONS OF A REBEL EMISSARY TO EUROPE,
An Important Statement of W. L. Yancey.
HE SPEAKS DISCOURAGINGLY OF A RE.
COGNITION OF THE REBELS.
INTERESTING SOUTHERN ITEMS.
Gen. Humphrey Marshall (q Command in
BRECKINRIDGE TO FORM A PROVISIONAL
GOVERNMENT FOR KENTUCKY.
The Cotton Trade to be Opened Up.
It is thn intention of Government, if Beaufort is
suesessfully retaiaad la our control, lo offer every
facility for the shipment of cotton to New York and
other ports from South Carolina. A vessel is now
receiving a freight of goods in Rhode Island suita
ble for the Southern market, for which cotton will
be received. It will no doubt be tho object of the
Confederacy to prevent the export of cotton from
Southern ports; but where there are buyers, thore
also some will be found ready to sell. Every fa
cility will be offered by the Government for the
revival of the eotton trade.
The Change of Sentiment in England.
If our blockade has hitherto preY'ent.ed the ex
port of cotton, it will not longer be so. The cotton
trade will he immediately revived. If the South
resists the export of the article under the laws of
tho United States, it is intimated that Lord Lvovs
has already intimated that henceforth England will
consider the South alone as tho cause of any impe
diments that may be offered to tho shipment of the
<wtle!°-
The naval victory so successfully achieved by
our fleet is considered here as of vastly greater im
portance to the nation than a victory now could ba
over 100,000 of the rebel forces on the plains of
Centreville. It is gained, too, by tlieloss of only
about a dozen valuable lives, while here a general
engagement would have cost us the loss of jnaoy
thousands of our men. Can we not, therefore, con
cede to the Government and the commander of
the army the wisdom of the policy pursued, in
avoiding a tremendous sacrifice of life here ?
Have the Rebels any Soldiers in the
This question has been asked rcpoatedly hero
within twenty-four hours. The heads of the Navy
and War Department are amazed at tlie small num
ber of soldiers supposed to have been at Beaufort
and Port Royal when the forts there were attacked.
"With the intelligence sent ahead, and a direct
railway lo Charleston and Savannah, the fact of no
more men having been at tbe forts to resist our
fleet, can only be accounted for by the conclusion
that nearly all of their fighting strength has been
concentrated in the vicinity of Washington. Cer
tainly they have been attacked in a weak point.
The Trensnry Department.
Secretary Chask has many and heavy demands
upon the Treasury just now. The recent drafts
from the Southwest have amounted to $25,000,000.
One paymaster drew for one and a quarter millions,
and tho money was immediately forwarded, with
the other drafts, by a special messenger detailed
from the Trenswy Department, The claims for
the army aTe all promptly met. The Treasurer is
equal to the emergency. He went yesterday to
New York.
Reconnoissitnce of Matthias Point,
The latest advices from the Lower Potomac,
speaking of the recent reconnaissance by a portion
of General Sickles’ Excelsior Brigade at Matthias
Point, say that they surprised the rebel pickets, two
of wheui were shot . They made a thorough explo
ration of the Point to the distance of four miles in
land. One .small masked battery and a few rifle
pits were all the defences of the place. The rebels
were in foroe some nine miles in the interior, but
refused to offer battle to the reconnoitring party,
which was only four hundred strong, under Colonel
G bah am. Our troops returned to their encamp
ment, on the Maryland shore, near Port Tobacco;
without the loss of a man. Subsequent to their re
turn they discovered that at Boyd’s Hole, only a
few miles below, the rebels have a battery of six
heavy guns, which, it is believed, our forces could
have taken had they been aware of that fact when
they were on the Virginia shore.
Our success in South Carolina can only be main
tained by prompt reinforcements. The Govern
ment will immediately send on whatever troops ean
safely be withdrawn from the army of the Potomac.
These necessities for more men will, no doubt, bo
promptly supplied by volunteers. The daily arri
vals now are large. Let this be continued. «To
arms ”is the word. A short war is the most eco
nomical in life and money.
Contributions from Philadelphia.
The following contributions for sick soldiers and
sailors are acknowledged by the distributing
agents here, from the Ladies’ Aid in Philadelphia.:
November I—l box containing 20 blankets, 44
pairs socks, 12 comfortables, 13 flannel shirts.
November 7—4 boxes containing tomatoes, jellies,
preserves, rusks, crackers, cocoa, dried fruits, Ac.;
3 pounds solidified milk, from H. C. Blair.
Within two days a large number of regiments
have gone over into Virginia, and the general im
pression is that a forward movement will certainly
be made in a few days.
Deaths of Pennsylvania Soldiers.
The following-named soldiers died yesterday :
John W. Russell, Company K, Seventh Penn
sylvania Cavalry, at the Circle Hospital.
Z. McLaughlin, Company H, Third Pennsyl
vania Cavalry, at tho Seminary Hospital.
D. H. Judd, Company H, Forty-sixth Pennsyl
vania Regiment, at the infirmary.
The usual weekly return is issued to-day for tho
hospitals in Washington, Georgetown, and Alexan
dria, and gives eight hundred and forty-three as
the number of sick and wounded now under treat
ment.
Major Gen. Fremont having been relieved from
the command of the Western Department and from
duty in the- field, these members of his staff who
have been selected from oivil life, under the
authority of : the act approved Aujfhst, 1851, cease,
from the date on which he relinquished his com
mand, to be connected with the service,
All persons' excepting company and regimental
officers, who have been appointed into toe mili
tary service by Major General Fremont, and
whose appointments have not been sanctioned by
the President, are hereby discharged from the ser
vice of the United States.
At the meeting of the joint commission of the
United States and New Granada, this morning, it
eras ordered that os the first Monday in December
next the calllngof the calendar will he commenced
in its order, and cases in which tho counsel for the
claimants are not prepared, will he placed at the
foot of the calendar, unless, for good and satis
factory reasons, the Board shall otherwise order.
Hon. S. S. Cox, of Ohio, is now hero, attending
to cases for some of his constituents, who are in
terested in claims against New Granada, growing
out of tho Panama riots.
Enthusiastic Demonstration at the Navy
Yard.
The general order of Secretary Welles, an
nouncing the brilliant success of the comhined
navy and army forces, at Port Royal, was officially
read at the Washington navy yard this afternoon,
there being an especial muster for that purpose.
About two hundred and fifty sailors were drawn
up in a hollow square, and, at the conclusion of the
reading of the order, testified their appreciation of
the event by repeated and enthusiastic cheers,
Washington News and Gossip.
The review of General Franklin’s brigade, hear
the Seminary, a few miles from Alexandria, has at
tracted a large number of Philadelphians, who are
sojourners here. Another grand review of the
forces encamped in the vicinity of Lewimville will
take place to-morrow
General Van Vliet is now making arrangements
to hayc barracks erected for the different regi
ments to be quartered on thiß side of the Poitomao
during the winter months.
It is staled that the President will soon issue a
proclamation calling upon the Governors of the
different States to furnish 200,000 additional men
before the Ist of January.
Eastern Kentucky.
Special Despatches to “ The Press.”
Washington, Nov. 14,1861
General Rejoicings in Washington.
South 1
More Men Wanted.
A Forward Movement.
Discharge of Fremont’s Staff;
The following order has been issued:
Adj’t General’s Office, (
Washington, Nov. 12,1861. j
special orders no. 304.
By command of Major-General McClellan.
L. Thomas, Adjt. General.
The Claims Against New Granada.
A number of pontoon bridges have been sent
down loGen. Hooker’s brigade for the purposo of
practising and drilling the men in their uses.
A large quantity of hay, which has been landed
at Baltimore for tbe Government, has been con
demned. Now that the Government has a suffi
cient supply on hand, the officers nro determined to
put an end to the wholesale frauds which have
been practised by designing speculators.
Colonel George 11. Grossman, deputy quarter
master at Philadelphia, is hero. He is spoken of,
in connection with General Van Vlibt, as a suc
cessor to General Meigs, who goes to M ssouri.
Colonel Hayes, of tho Sixty.third Panngyivania,
is stationed at Camp Lyon, between Alexandria
and Mount Vernon. This regiment is on the ex
treme left, and does much active duty.
Colonel McLean's Eighty-eighth Pennsylvania
Regiment waa reviewed at Alexandria yesterday
by Assistant Adjutant Goncral Frkase. The regi
ment is under fine discipline. General Mont
gomery - is confined to his lodgings by illness, and
Gvlcn c ! McLean is in command in )iis
Charles A. Rowans, a private in Company G,
Third Artillery, regular service, has beon ap
pointed adjutant in tho Ira Harris regiment of ca
valry. Mr. RowAxn graduated in the military
school of Captain Partrirge, and joined the re
gular army in California. Ho is a son of Dr.
Rowans, of Philadelphia. Five companies of ar
tillery and three of infantry, (regulars,) are ex
pected to arrive in New York by the next steamer.
Some ten or twelve of our own men have been
missing since the late reconnissance from Alexan
dria. Captain Todd, who was with the party, had
not returned to camp last evening,
The "Mails to Washington.
A deputation of influential gentlemen of Wash*
ington and Georgetown waited upon the Mayor of
this city and the Postmaster General to-day, foy ap
ix>intment, to obtain their official influence with
Congress to procure some amelioration of tho suf
fering and inconvenience produced by the defective
railway and mail communication through Balti
more and Philadelphia t 6 the North, having &
view a continuous national mail and military high
way. The Postmastor General said he would take
the views of the deputation into full consideration,
and seo wbnt influence he could use to übate &e
grievances of which they complained.
Mrs. Lincoln.
Mrs. Likcoljt returned from Boston last evening,
«nd was met At thf depot by the President and his
youngor sons. _
Capture of an English Vessel with War
Munitions.
Boston, Iyoy. it, —A vessel which arrived this
afternoon at Holmes’ Hole, reports that a large
English steamer, ladon with war munitions, has
been captured by a United States frigate, and
taken into Key West.
LATER PROM EUROPE.
THE NIAGARA AT HALIFAX.
Halifax, Nov. 14.—Tho Ctinard steamer Niagara
arrived at 4 o'clock this morning. She has fifty-one pas
sengers for Boston, and $15,200 in specie. She is to sail
at ten o’clock this morning for Boston.
The Tndzpcndance Beige's Paris correspondent pro
fesses to have reliable information that the Mexican ex
pedition Las ulterior objects, and that if the Southern
Confederacy holds lis own till January Prance jiud Eng
land will recognize it and break the blockade. This
statement is pronounced in England utterly untrue.
The private cotton circulars report a decline on the
week of }& <a j*d. . -
Tho Ni&yara left Liverpool on the morning of the 2d
inet., and Queenstown on tbe 'afternoon of the 3d. She
spoke on the 2d iust. the ship Ocean Monarch going into
Liverpool. *
The steamer Bavaria, from New York, arrived at
Southampton on the Ist inst.
Ihv steamer PWy «f W«ikingim, frem New Verk,
reached Liverpool on the morning of the Ist instant.
While en route from Queenstown, during the night of the
30th ult,, she broke her main shaft, and proceeded under
sail until she was sighted off Holyhead, when tugs were
sent to her assistance, and she was towed into Liver
pool
GREAT BRITAIN.
The Loudon Times publishes a long letter from the
Hon. Theodore Fay, American minister to Switzerland,
which is mainly devoted to a refutation of the late speech
of Earl Russell, at New Castle, in which he (Earl Rus
sell) asserted t!i«t ene side is Ameci?* vm striving for
empire, and the other for independence or power,Mr,
Fay protests, in the strongest terms, against Lord Bus*,
sell’s reasonings, and complains in general terms against
the sympathy accorded to the rebels by the English and
continental journals.
The Times editorially criticises Mr. Fay’s lotler, and
says that, although it carries American prolixity to
the farthest point, it is not to be compared to the absurd
and peevish utterances of Cassiu9 M. Clay, and other of
President Lincoln’s appointees.
The Times argues the question of slavery in its
relation to the dieting contort, and asserts that the
recognition of the Confederate States and peaceable sepa
ration will accomplish everything that the Northern
anti-slavery party has been advocating for years.
The Times says: For our own part, we, as English
men, shall be glad io see the establishment of the Con
federate States, simply because the political power of the
elave-OYr'uvrs will be so much lobs than of yore. - Form
erly, every filibuster had the.whole American Union at
his back, and he knew it. The case will be different now,
when the country which sends him out is only a kind of
Anglo-Saxon Brazil, easily curbed in its ambitions pro
pensities. If the old Union liad lasted, the extension of
slavery over Mexico would have been certain* after a few
years. Now, however, the South will find a rival de
tfpnined to prevent her aggrandizement The cause of
justice'and civilization will gain by the quarrel of those
partners in guilt.
These are some of the reasons which have influenced
Europentaia their judgment of American Affairs. They
io use cogent reasons that have never been an
swered hitherto, and Mr. Fay does not attempt them.
Until 'we have seen some better arguments than bis we
sbnll remain without any desire for a reconstruction of
the Republic, which was as completely formed on the
prißsirte »f sJ»Y?rj r iw i? tlw fiwcnwwßt vf the Confede
rate States, and which was, moreover, able to propagate
slavery by aggressions in which the Confederate. States
alone can never venture.
The special correspondence of the Tt welcomes down to
October 18th, and is unimportant.
At a ronficrvAtiTe demonstration at Worceiter* Bari
Shrewsbury, in allusion to American affairs, said they
saw Democracy on its trial, and howit failed. Ho thought
separation inevitable, and predicted the ultimate esta
blishment of some sort of aristocracy in America.
Sir John Pakinghnrst, at tho same meeting, pointed to
the failure of Democracy in America as a warning W
England, and expressed the conviction that a reunion of
the States is impossible. He wished the great Powers
would remonstrate against a continuance of the war; and,
while approving of England’s neutrality, he regretted
that Earl Bussell, in his recent speech, hod not, in more
decided language, expressed the views of England.
9 The short-time movement in Lancashire continued to
-make progress. The mills in various parts were re
ducing their time to three days per week, and in nu
merous instances an entire suspension was talcing place.
The investiture of numerous distinguished persons
with the new order of the “ Star of India’* took place,
with great magnificence, at Windsor, on the Ist instant.
The Prince of Wales officiated at* the opening of the
new Middle Temple of Liberty, in London, and was at
the same time installed a member of the Temple, and
created a Bencher. A brilliant festival was got up in
honor of the event.
The telegraph between Malta and Alexandria was
opened on the Ist of November.
A colliery explosion at Shcrington, near Wigan, killed
ten and injured five persons,
FRANCE.
It was reiterated that France has opened negotiations
with Austriafor a ceeaion of Yenetia. *
It is reported that the Duke of Magenta had been en
trusted with the mission to Vienna on the same subject.
The French troops had occupied the valley of the
Happen, and the Swiss Government had sent conunissions
to the spot, and had resolved to protect and demand sat*
Uf&etiuK for the iial&tlaa of Swiss tetritopy.
Six comprmios'nf the First Regiment of Marine? had
been selected to form part of the expedition to Mexico.
The frigate La Guerriere had received final instruc
tions, nod would sail for Mexico about the 4th of No
vember.
The Faria correspondent of the London Herald says
that the Bank of Franco has succeoded in obtaining a
quarter of a million sterling from the Bank of Prussia.
Nothing had been done on the Paris Bourse since the
arrival of the steamship Nova Scotia, the Ist inst. being
a holiday.
; ITALY.
General La Marmora had arrived at Naples, to assume
military command.
The name of Father Fasaaglia had been erased from
the list of the professors of the Roman University.'
The Paris Patrie asserts that Spain r wishing to give
Morocco a proof of her good* will, has decided to com
mence the evacuation of Tetuan on the 10th of Novem
ber.
THE LATEST BY'TELEGRAPH VIA QUEENS-
The steamer Asia arrived at Queenstown 9$
inst. ,
The Bombay mail has reached Marseilles.
RUSSIA.
London, Not, 3.^—Revolutionary movements are
taking place among the students throughout Russia.
The flistwfrimtfs At Moscow wore welled by a military
force, and a petition is being signed for u Constitution.
Monster meetings of tho people were expected on the
return of the Emperor at Moscow.
Berlin, Not. *2.—The Preussiche Zetlung publishes
news from Moscow without'a date, announcing that the
students in that city- had created violent disturbances,
wliicli had been duelled by the military force. A petition
requesting the release of the student* lately arrested,
and that a Constitution should be grunted to Russia, hud
been signed by $7,000 persons.
The University of Kawun had been closed because tho
students had demolished tho rector’s house.
A students’ disturbance had also taken place at Chans
ky. It had been proven that a collision existed be
tween the students of all the universities. The Univer
sity of Kien had Mono remained quiet.
Count fcclunvatyff, chief or the police had left St. Pe
tersburg for Moscow to meet the Emperor to request him
to relieve him of the functions of his office.
The Russian Zeiiung also states that a ministerial
secretary had been arrested for having collected signa
tures to a peiltlonon behalf of the students of St. Fetera
burg, which was intended to be presented to the Emperor
on his Teturn to that city.
Fears are entertained that disorderly scenes, at
tended by great masses of the people, will take place
on the return of the Emperor to St. Petersburg.
Commercial Intelligence.
[Per Niagara.]
STATE OF TRADE.—Liverpool, Nor. I.—The
Manchester market is flat, and prices tend downward.
LIVERPOOL COTTON MARKET.—Private cotton
circulars generally quote a decline on the week of
MARKETS*.—Cotton—Tho sales of the
week reach 7,500 bales. Orleans tres ordinaire is quoted
at 154 f.: bas, 140 f. The market has a downward temlen
ev. The total stock In port is 156,000 bales.
LIVERPOOL BREADSTUFFS MARKET—FIour
steady, at 28a31s 0d 4P barrel. Whoat firm; red West
ern 11b 6d»l2s4d ; red Southern 12s 6d01259d; white
Western 12s 9d; white Southern 13<a>13s 9d. Cora up
ward, and oil qualities have slightly advanced] mixed
is quoted atS3®33s 6d ; yyllow 33a 6d 1 white 35<*375.
LIVERPOOL PROVISION MARKET.—Boef quiet
and steady. Pork easier. Bacon steady. Lard steady
but quiet at 50a62t<« - Tallow hoB a downward tendency,
quoted nt 51® 52b.
LIVERPOOL PRODUCE MARKET—Ashes quiet;
Pots 84s ftl* Pearls 365. Rosin activo; sales 23,01)0 bids
common 12s6d®14s fldl Spirits Turpentine advancing;
quoted at6ss Sugar and Coffee very dull; Rice firm
but quiet: Linseed, advancing; Linseed Cakes firm atlls.
Linseed Oil buoyant at 35s fid. Cod Oil steady at 34s fid.
LONDON MARKETS.—Wheat dull and declined Is
per quarter; rod Western 55®675. Flour Sl®34s. Iron
dull, ‘ Cofffv firm, Linspvd Catos
steady. Linseed Oil quiet at 38a. Sperm Oil nominal at
£9O. Rice firm. Sugar l quiet and steady. Tallow quiet
at 51s Cd®s2s. Tea buoyant; common Congou Is Id.
Spirits Turpentine firm tft 635.
American securities quiet and steady.
THE LATEST—\fI» Queenstown.
LiVFRrOQb (Saturday,* Nov, 2,—Cotton. —Tho sales
of to-day art) estimated at 2,500 bales, including 1,750
bales to speculators and. exporters. Breadstuff’s aro
firmer. Provisions dull. .
London, Saturday, p. M.—Consols for money are
quoted at 93/# ®93/£. ,
AMERICAN STOCKS!—The following sales ari* re
ported: Illinois Central share* cent dU
count; Elio liailrond, 26ffl26j{ do.
Fire at Concord, N. 11.
Boston, Nov. 14.—Hill’s harness factory, at
Concord, New Hampshire, was destroyed by fire
this morning- The loss amounted to $60,000.
Interesting Soulh&rn Items.
Louisyillk, Not. 14. —The Louisville Courier
(dated nt Bowling Green), of the Sth, contains
Itichmond correspondence, saying that Col. (now
Brigadier General) Humphrey Marahall is to oonu
inand the Eastern Division of the rebel army in
Kentucky, and Brig. Gen. John C. Breckinridge
returns to Southern Kentucky this week, to orga
nize his brigade, and put the Provisional Govern
ment of Kontuoky in motion.
The same correspondent complains of the delay
in getting the steamer Merrimne. ready for sea,
and speaks of 21 riflod cannon which came in the
Steamer Bermuda , with twelve grooves each,
throwing shells of 120 pounds a distance of five
miles and a half.
The Fredericksburg Herald of the Ist inst. says
the family residence of the lato John A, Washing
ton, two miles below Matthias Point, was bom
barded and burned.
Riciimonii, Nov. 7.—John Tyler and Roger A.
Pryor have been elected to the Confederate Con
gim
The steamer Bermuda, with I,ROO bales of cot
ton, ran the Savannah blockade on the night of the
2d inst.
Charleston, S. C., Nov. T.—Gen. Lee has nr
lived here.
Wm. Porcher Miles has been olccted to the Con
federate Congress.
From Cairo.
Cairo, 111, Nov. 14.—Mon from Kentucky re.
port that our troops burned the town of Mayfield,
and that heavy cannonading was heard in that di
rection for fonr hours last night.
The rebel loss at Belmont is stated as follows in
the Memphis Appeal of the 9th: Our information
lead 9 us to boliovo that the loss of the Confederate
forces in killed, wounded, and missing, will ap
proximate a total of five hundred. The loss in Col.
Jnppan’s Arkansas regiment is 50 or 60 killed, and
200 wounded.
Confession of a Rebel Emissary to Eu.
rope.
YANCEY TO KIS SON.
Boston, Nov. 14.—0 n the person of James
Brown, who was arrested here as a traitor, was
found a letter from W. L. Yanaoy, now in En»-
Innd, to his son in Alabama, in which he speaks
diseouragingly of the prospects of a recognition of
the rebels by the European Powers.
The Pirate Nashville*
New Yonk, Nov. 14 Bermuda dates to the
9th inst. state that the pirate Nashville was then
coming into the harbor for coal, having been re
fused a supply at tho other end of the island. She
Will probably obtain a supply from stock in private
hands.
The Victory—A National Salute.
Wilmington, Nov. 14.—A national saigt? WAS
fired at noon in honor of Commodore ilupont, and
his splendid victory over tho incorrigible and pes
tilent traitors of South Carolina.
Tkenton, Nov. 14.—Thirty-four guns were fired
by Captain Smith s artillery, llome Guards, this
afternoon, in honor of tho success of the fleet at
Beaufort. The event has caused great rejoicing
here.
Gen. Nelson’s Great Victory.
Pahis, Kentucky, Nov. 14 —Tho following lottor
is just received by the postmaster at this place,
dated—
Mount Sterling, Nov. 12.—From Pikoton, I
learn that in the battle the rebels lost four hundred
killed, and between one and two thousand priso
ners. Col. John S. Williams was shot through the
head. Gen. Hawes was captured.
F. L. Bosworth, P. M.
The North Briton’s Passengers,
Montreal, Nov.l4.—Captain Grange, of tho
wrecked steamer North Briton, has arrived at
Father Point, and reports that the steamer Anglo-
Saxon took off the passengers and erow of the
North Briton, from Mlnagan Island, on Monday,
at noon.
From California.
San Francisco, Nov. 12.—The rainy season has
commenced vigorously.
Marine.—Arrived, ship Forest Queen, from
Hong Kong; Edith Rose, from Now York, and
Anna Mary, from Liverpool.
THE CITY.
FQR APPITIQMi CITY NEWS SEE 4th PAGE,
AMUSEMENTS THIS EVENING
Walnut-Street Theatre—Ninth and Walnut rts.—
“Our American Cousin”—“ P. P., or fiio Man and the
T*ger”—“JtoWnson Crowe”
WfIEATLBT’s Continental Theatre—Walnut street,
above Eighth.—“ Oliver Twist” —Fifth act of “ Richard
III”—“Black-Eyed Susan.”
Aroh-Strebt Theatre—Arch street, above Sixth—
“ West End”— l4 Shy lock', or, the Merchant of Venice
Preserved”
American Academy of Music —Broad and Locust
streets—Herrmann, the Preetidigitateur.
Temple of Wonders —N. E. comer Tenth and Cheat
nut streets.—Signor Blitz’s Entertainment.
Assembly Buildings—Corner of Tenth and Chestnut
streets.—Waugh’s Italia and Stereoscopic Views of the
War.
Olympic Music Hall—Race street, between Second
and Third.—Concerts nightly.
PROCEEDINGS OF THE RETURN
JUDGES
COUNTING OF THE VOTES COMMENCED.
ANOTHER PROTEST ENTERED.
SHE HAZTHB 1H THE COVET 0? COM
MON FLEAS#
A LETTER FROM THE ATTORNEY
GENERAL.
Tho Return Judges reassembled yesterday morning, at
ten o’clock, but, owing to the absence of one of tho
judges, did not proceed to business until After eleven
o’clock. Morris S. Parker, president, took the dhelt 4 ,
and tho roll was called—ono member, Merritt Gibson,
being absent.
The prothonot&ry made Ids appearance, and desired a
copy of the writ of mandamus served on the Board,
which was furnished him. •
After the meeting was called to Older, the president
made the following statement:
While I feel that it is a duty I owe to myself, and a
duty that I owe to the public, that I should freely con
fess before you here that I have guarded, with a great
delicacy, flic minority Of this body, believing that the
majority were able to take care of themselves, I am free
to Sft» that I honestly believe that the business of this
bedy has been retarded solely by the acts of that minority.
When a resolution was offered to lay those resolutions on
the table, which was rejected, the minority had a writ of
mandamus served upon us. That minority has con
stantly retarded the progress of this meeting. Now we
arc in a condition either to comply with the writ, or to
go to tho penitentiary, if the judge so orders. Whilo I
stand here before my Maker to fulfil my duty, I say that
1 will discharge those duties, whatever be the conse
quences, and I say it without tea? of any klnJ. As «m
individual, I never would consent to enter these
returns sent here by tho prothonotary, at half past
five o’clock on Monday. I do not believe that thoy are ac
cording to law. While I believe it prudent to submit to
the will of tho court in obeying its mandates, yet I have
a conscience. Xy conscience leads me to conclude that
the court have exceeded their hounds. With all Hue re
spect to Judge Ludlow, 1 must concedo to myself the
right to judge of what my duties are as well as a judge
can for me. I bad an interview with Judge Ludlow this
morning, and he reuuejted me to state to this body that
he vnUrtfiiued a high regard for you individually and
collectively. He has not made lub decision without due
deliberation. It has been to him a great source of
anxiety. If the Board now determines that theso papors
shall be entered it ehall be done. lam free to say, how
ever, that Ido not believe these returns are according to
law. Whatever course tho court may demand, I am
to obey }fs dictator
Mr. Wright. I rise to reply to the president in behalf
of the minority. I regret exceedingly that our chairman
should be called upon to cast reflections on this body. I
cannot understand why the president should resort to
this course. We will require something further from the
' president’. The minority have always been ready to go
on with the count. I therefore cannot see any force in
the reasoning of Ihe president. I believe there was a
disposition on the part of many of the majority judges
here to count up the partial returns sent in by the pro
thonotary, covering twenty-one papers, and then to give
certificates of election to those who are not fairly elected.
I regret the president has found it convenient to resist
what I conceive to bo his religious, moral, and political
duty.
The Pieaident. There is with mo one or other of these
alternatives, viz: Shall Ido wlmt my conscience tolls me
to be wrong, or shall Igo to prison'! My conscience tolls
me that I ought not to Yoto for the reception of those
fttur&e, tkmfore I willingly aeeept whatever be the eon
sequence# 1 conceive it to be wrong to issue certificates
of election on tho last batch of returns. For the sake of
carrying out law, lam willing to be incarcerated. While
I say this, I must not be understood as influencing any
other member.
Mr. Spain suggested that when the prothonotary of
tho Court of Common Fleas was boforo tho Board on
Wednesday with his counsel, he refused to develop any
thing relative to these returns. His mouth was sealed,
but it was stated that at tho proper time he would an
swer any questions that might bo propounded here or in
court. Mr. S. thought that timo had now arrived, and
he would like the prothonotary called in. We are tho
judges of tho election, and it is our duty to ascertain
whether these returns are legal or not.
Mr. Wright said that, according to the decision of
Judge Ludlow, the Board had no right to call witnesses.
Mr. Corrigan offered tha following:
Resolved, That, in obedience to the writ of mandamus,
issued by the Court of Common Pleas, we do now pro
ceed to count tho votes of all tho companies specified in
tli& writ of
A motion to lay this resolntion on tho tabic was lost
by a vote of 8 ayes to 10 nays.
The resolution was then lost by the following vote:
Yeas—Messrs. Carrigan, Council, Gilloripie, Do Groote,
Kennedy, Green, William, Maguire, Boilcau, and
Wright. Total, 10.
Nays Messrs. Tree, O’llarra, Ilurper, Parker, Han
cock, Schell, Sheide, Spain, Stafford, Jeffries, Jones,
Coulter, Simpson, and Allen. Total, 14.
Mr. John B. Green said that tho law sot forth what
our rights are, and those rights we must perform at all
odds. He held that the duties of the body were merely
ministerial. If we go further, we violate our duty.
Those who go beyond their duty will be held responsible
by an outraged community.
Mn Harper arose to make an explanation. He voted
for the resolution, because it would bo Impossible to ro
coive one portion and reject another. Why has not the
prothonotary come forward, and made such statements
as would enlighten the members I
Mr. Wright explained that, in the opinion of Judge
Ludlow, no witnesses could bo heard before this body.
Th«y had ha idgftl right to attach a witness in ease of his
refusal. The speaker could not concoivo ltow any man
can shirk tho responsibility of going on with the count of
the returns sent in by the court. Then' were sonic
member# in this Board whose conduct was surprising.
Mr. Hancock thought that the prothonotary had a
right to correct bis returns, if he thought they m ‘
correct
Mr. Simpson alluded to the counting of the votes of tho
amty in 1812, aud gave whut lie considered a fair expla
nation of the act of Assembly, allowing the voiuuteora to
vote. He read the act by sections; and held that its pro
visions were as clear as sunlight. Tho duty of llio pro
thonotary was a clear one, and ho hm? performed ir. No
returns ought to too received except for timfw regiments
which were organized under the oomniiHSiouof t!»e Go
vernor. Well, there were only six regiments that had at
the last election the legal right to vote for officers of Phi
ladelphia. , , ....
The prothonotary sends these additional returns, why?
Just because lie whs ordered to do ho by Judge Ludlow.
The prolhbnotury dm* nut my to this body that tho ud
ditumftl returns eveu purport to coma from the army.
With nil deference t<> the court, he held that this was a
matter of conscience. He had taken an oath to do his
dury, and he will not he guilty of perjury. Nothing will
compel him to do anything of wlffch his conscience does
not approve.
Mr. Boilo&ti (ltdiped to &elc wkotLfr all the paporH had
not attached the seal of the court.
Tho president Answered in the ufTinualive.
Mr. Stafford a:ii<l that there was no power on earth (o
compel him to vote for the reception of these additional
returns, which arc not logal.
Mr. Dollchu. who loli you lliuse paper* were- not
legal 1
Mr. Stafford. Thn protbonotary has said so.
Mr. Simpson now moved that certificate* of election he
given to those entitled to the s*me, under the vote first
sent in, and already counted.
The motion wa* withdrawn for tho present. At this
time it was understood that a large crowd had collected
in tho entry, when the messenger was instructed to wait
upon the Mayor, and request the attendance of a police
force on Die outside, in order to preserve the peace.
Mr. O’Hurni moved that a cqnymtlcp of three bo ftp
polntM to inform the Court of Common Pleas that n ma
jority of the Board of Return Judges had refused to
count the vote, as required by the maudamiiH, and that
the yeas and nays ho added Unanimously agreed to—
ayes 24.
Mr. Green now moved that the whole Board of Return
JutoH proceed in a body to tha court to pr&yeui tho
resolution.
Mr. Hancock said the court bad fixed tho hour of 6
T. M. to boar the nnswnr to tho mandamus.
Mr. Wright thought the Board had better go at once
—the sooner the better.
Mr. Simpson said ho was responsible to the public for
hiß net*. He hud never committed a fraudulent art
in his life, and would not do so now. He kumv his duty,
and lie would not deliberately violate Ills conscience. lie
was not here to defeud fraud of any kind, and lie verily*
believed that the returns ordered here by Judge Ludlow
arc a fraud of tho most palpable taint. Wo have evi
dence tlutt gross frauds have been committed, and yet
certain returns are ordered before us, while at tho same
time the returns of other companies are withheld. Why
should we refuse to have light 7 Tho truth never suffers
from investigation.
Mr. Green desired to know how lon % they were to jo
mam In-re. \Vhat right have we to go behind tho re
turns'! It is plainly our duty to count the votes, mako
out the certificates, and go home.
Dr. Harper explained his vote. Ho paid that certain
election papers had been excluded, by order of Judge
Lwilow, nad he would like (9 nniluriitiiml something
uiioiit it. lie learned that the protbonotary WtlJi ready
to answer nay .locations that might ho prupniindod to
him.
After a long and spicy debate, the resolution of Mr.
Green was withdrawn for the present.
Mr. Stafford then moved that a committee of three bo
appointed to wait upon the protbonotary of the Court of
Common Pleas, to desire his attendance. This was
agreed to, and the committee woro appointed, Mr. Staf
ford chairman.
The committee returned, and reported that the protho
notary would appear »«, wem ns ho could find his counsel.
Mr. linileau moved tlmt Messrs. Downing, Pomeroy,
McFadtlen, and Martin be also requested to appear be
fore the Buard.
Thin was strongly objected to by a number of tho
members, and was finally withdrawn.
Mr. Stafford moved the vote refusing to count the lo~t
retunis he rrajipMsrM!] This was iwresd to, ami Mr,
Stafford then offered, as a substitute for the original ro*
solution, tho fohowmg;
Resolved, That the protbonotary of the Court of
Common Pleas of the county of Philadelphia has not
duly delivered to the Board of Return Judges, under his
limid and sonlt a copy duly cwtifiod of tho return of
votes from poisons in actual military service of tho
United States, under tho act of and mentioned in
the writ of alternative mandamus served upon the mem
bers of this body yesterday.
A motion was made to lay the resolution <?ij fj}9 tftbjy—■
ycaa A, nays 15.
A motion was then made to postpone the consideration
of the resolution for the present, until the prathouotary
was heard from.
While the resolution was being debated, the prothono
tary arrived at tlie dour, and stated that ha wished to
see the committee who wait'd upon biin, at his office.
After some confusion and disorder, tho vote wm taken
on the resolution, which was agreed to by a vote of 13
to fi.
The committee now retired to wait upon the prothono
tary, at!<« wh reiuvsh
The committee soon returned, and reported they had
seen the protbonotary aud his counsel, and that, owing
to misconstruction or misapprehension that might occur
in regard to any statement he might make, he would
rather confer with the Board in writing.
Mr. one of the committee} further said} in
explanation, that the protbonotary also stated that some
might think he would favor one party, and some another.
A motion was then made to take a recess until iivo
o’clock, which was agreed to.
TUB VOTES ARB COUNTED. A PROTEST.
Tho Board reassembled shortly after 5 o’clock, all the
judges present. As soon as tho meeting was called to or
der, Mr. John H. Jeffries, of the Nineteenth ward, pre
sented a protest. This document contains a copy of the
legal on *otments authorizing those in tto military service
of the United Slates from rhe State of Pennsylvania to
vote. It also sets forth at length the certificates Af the
prothonotnry which accompanied both reports made by
him. The protest concludes us follows, which contains
all of interest and importance to tho reader:
Iu regard to the last certificate, in which tho pro
thonotnry saya he is directed by Judge Ludlow to report
certain returns, the protest says ;
Tho certificate does not even aver that these returns
are the votes of citizens in military service, aud, so far as
we are advised and believe, are not from persous entitled
to vote at the election aforesaid, and which the said pro
thonotary in his certificite avers they are sent in pur
suance of the direction of the Hon. J. It. Ludlow, asso
ciate judge of the Court of Common Pleas.
And whereas , it has been publicly avowed, ami it is
generally believed, and is susceptible of the amplest proof,
that included in these last-mentioned alleged returns are
returns of votes which were never cast at any election,
hut which word manufautiirod for tha purpose of defeat
ing the expressed will of the people of this city at the
election held on the day of tho last general election. Not
withstanding all this, the Hon. J. R. Ludlow, one of the
associate judges of the Court of Common Fleas, has, as we
believe, in clear violation of the law of this Common
tve&lth, see act Dili Juixe, 1836, P. L. 626, sec, 16 and 16,
and 2 Birny Rep. 362,1 Haines 75, where the Supreme
Court held, “ Thaf to entitle a party to a writ of manda
mus lie must establish a specific legal right, as well as the
want of specific remedy to this; and, also, (2 Penn. Rep.,
518, aud Jones 196,) the law is.that where a functionary
has a duty to perform involving judgment or dUoretion,
the writ of mandnmus will not be to compel him to ex
ercise that judgment or discretion in u given way j he
may be ordered to do liis duty, hut not directed liow to do
it w ithout the presence of the president judge, or where
the party claiming to he injured has the amplest remedy
at lav for any supposed injury, lias, by a peremptory writ
of nmndamuF, ordered the said hoard of return judges to
include in their enumeration all the returns from the
twenty-second to the one hundredth inclusive, upon tho
list of votes compared by the said board of return
judges, and purporting to ho tho returns of votes of per
sons in actual military service, whether tho same were
foVU'itfded {& the* ii&ld j>r6tlidholar,v, aa directed by the
said act of Assembly, whereby frauds of the grossest cha
racter have been covered over by the judicial ermine,
and made to appear as the vote of good and lawful citi
zenF, to the manifest injury and detriment of our rights as
citizens, and to tho injury and detriment of all good
lawful citizens ftf this city? owl which, if WnlM in,
must only lead to anarchy, Confusion, bloodshed, and the
overthrow of our institutions.”
We, therefore, the undersigned judges of the city and
couuty of Philadelphia, do make this our earned anil
solemn protest against the whole of the return of votes
intuit toy llift W 6 Ji&R&t&ey &F th« Couri OoM&teii PieM
as additional returns, made pursuant to the direction of
the said Hon. Jas. R. Ludlow, associate judge of said
court, because—
-Ist. No certificate accompanying said papers avers
them to lie army votes, or the votes of persons in actual
military eervice of the United States, or otherwise.
2d. The certificate does not aver that they were made
and forwarded according to law.
3d. No list of voters accompanied any of them, toy
which it could have been ascertained whether the per
son# purporting to Lave voted w sifens gf the sitj’i
4tb. Some of them were forwarded by private hands,
not through the channel designated by law, aud were
unaccompanied by either tally lists or tickets.
sth. Many of these returns, or papers purporting to be
returns, are from companies or troops not recognized or
raised by the authority of the Commonwealth.
6th. Nine of the eaid elections so purporting to have
been held were held within the respective election di
visions of the wards of said city, and under the act of
1854 ought to be excluded from tho said computation of
votes: and because we are put under durance by' threats
of attachment if we do not obey the mandate so illegally
issued and directed to \u by the command of the said
Hon. Jas It. Ludlow in violation of the law of the land,
and we hereby proceed to count the votes so returned
under the aforesaid order or direction, against our views
of right and principle.
The protest was signed by Messrs. John H, Jeffrie*,
Ira Jones, Samuel Scheide, M. A. De Groote, H. Schell,
EdWAfd SpMh, Thds. S. Harper, Merrlt Gibson, J. Alex.
Simpson, S. 1\ Hancock, Thos. L. Stafford, Morris S.
Parker, Joseph Tree, Jno. B. Green, J. 11. O’Harra, P.
11. Coulter.
The protest waR ordered to he entered on tho minutes
by a vote of ayes 15, nays 9.
The clerks now proceeded to call off the vote foe
Judges of the Court of Common Pleas.
The majority of these papers were very irregular and
confused. Some of them had no named whatever signed
to them, containing nothing but tho vote.
Mr. Hancock said, papers have been sent hero without
evamination, and we are told by the judge we must re
ceive them. He thought that ho should toe held responsi
ble for it.
The President asked permission to show one of the
irregular papers to Judge Ludlow.
The Board refused to allow him to do so as the presi
ding officer, but Agreed that he might do so as a citizen.
The President repaired to the Court of Common Pleas,
and returned and reported that the judge know nothing
about the papers, had never seen them, and only trans
acted the business of the court upon tho facts produced
before him.
it was then agreed to cowrt pvpzn according
to the order of the judge. In some cases there were du*
plicate copies, which had come by mail and private
sources. These, like the rest, were entered in obedience
to tho writ ef mandamus.
One return entered merely gave the company without
the regiment.
After the *!)!>]<? list Im«J brfn t-lllod oyer, Mr, HaneoeK
drew attention to the fact that these eight or ten com
panies mentioned in the writ of mandamus had not been
called off by the president.
A number of members inquired as to their whereabouts,
when the President stated ho had called over all sent in
toy tlio prothonotary.
The Board then took a recess until this morning at 10
o’clock. , • . „
The Bum total of the army vote forjudges of the Court
of Common Pleas, aB counted, is as follows: Thompson
1,281, Hetekel 2,087, Allison 1,123, Sheppard 2,087.
THE MATTER IN THE COURT OF COMMON
At six o’clock last evening a session of tho Court of
Common Picas (Judgo Ludlow) was held in tho Court
room.
Mr. Biddle. May it please tho court, beforo you proceed
to the consideration of the business for which this court
is now convened, I desire to call attention to a matter to
which considerable prominence has been given, in the
discussion of the several branches of this case, both here
and in other quarters. Great reliance was placed by
your prothonotary and toy his upon !to° opinion
of the Attorney General of this State, in order to uphold
the prothonotary’s action in keeping back from the retnrn
judges nmch the larger portion of tho company returns
containing the votes cast by the Pennsylvania volunteers
at the recent election. This reliance was loudly asserted
to have been well placed, and a confident appeal uas
made to tho opinion by which It was alleged to be sus
tained.
The counsel of tho present relators, however, enter
tained a conviction that tlds confidence was unfounded,
and that there was no real conflict between the opinion
of the learned Attorney General and tho proclamation of
th* Governor, bated up&n the law ilsrif.
' We may infer, from the action of tho court, that it lias
arrived ut the same conclusion: for tho prothonotary
was advised that it was his duty to transmit to tho re
turn judges certified copies of all company returns
from volunteers, whether they appeared to bo attached to
regiments commanded by colonels actually commUsiotieu
by the Governor to ho jnilgos of tho election, or not.
The plain w«rds of tho statute indicate that this wag
the proper course to be pursued, and it was adopted.
lam happy now to bo able to say upon tho highest
authority—that of the Attorney General himself—that
the view thus taken was correct. Tho fame of that
email is the common property of the whole bar and
of the whole community, and I rejoice that there never
was intended to be entertained by him any view ot‘ til©
taw not inperi*ct consonance with all ita provisions,
This is a letter voluntarily addressed by the Attorney
Gtmeral of the Statu to Mr. Hirst:
llarrisburg, 13th October.
[Evidently intended to be November.]
My Dkail Sir : I was surprised this morning to see in
yctst*-nl»y*6 Itulletin , that tho prothonotary rofnsoa to
return part uf the military vote on tho grouud that my
opinion of the 27th of September last was against it. At
tho time that opinion was given there was great confu
sion in regard to what volunteers would bo entitled to
vote. Tim order of the 25th of September last had
placed them all under the command of the Governor;
but there was no requisition which covered them al|, If
urns my understanding*thi«t commissions to tho field
officers of the regiments entitled to receive them, would
be issued before the day of election; but it was plain
that there would not be time to issue commissions to tho
company officers.
I suggested that the holding of such commissions by
the field ollim# wmui be a fair K*t of the right to vote,
I tmbseqmmlly fomnl that it was impossible to lmve tho
field officers commissioned in time; and as a requisition
dated the first of October was received on the second of
October, which covered all the Pennsylvania volunteers
in the field, 1 immediately prepared a circular dated on
that day, signed by Mr, Stifcr, Secretary of tha Comniou
venltli, a copy of which I scud enclosed. A special mes
senger was sent to the tvoopa to distribute the circular
among (hem. From that day to I never hoard a
suggestion that they were not all entitled to vote, until l
this morning saw the Bulletin of yesterday.
A* the irregularity of the original enlistment of the
men wan generally on their part less a fault than a mis
take, I felt naturally most desirous that they might be ui
ft position to enjoy their elective frnnchioe and ofaor
privileges.
I never heard of a letter of Mr. Knight’s, nor of tho
Secretary of State’s certificate which is annexed to tho
protlionotary’s communication to the return judges,
until I saw them in the Uullelin thin morning. «fr
doubt the letter wan referred in routine to the f-cen?-
tary’a office to he answered, and the certificate prepared
by the clerks, and signed by Mr. Slifer without adverting
sufficiently to iU details.
With great esteem.
Very truly yofirff?
William M. Meredith.
P. S.—Tills letter Is not for publication in the news
papers, and I would like the matter to he understood.
[Our report of the above letter, which was read in
open court, was taken phonographically.]
Judgs Li|()|9v s»ifl; I sttoroptod to <to milling oicor>t
to advise the protbonotary or the court. At one time of
my life, T w«i placed trader circumstances of intimacy with
the Attorney General of tho State, and, knowing his
forms of thought, aud the general high-toned principle*
by w hich his conduct has ever been regulated, I wassa
tinfied that the opinion published could not be his final
opinion. And Inm glad to nay that the instructions re
ceived by me in his office has perhaps enabled mo to con
sider tho subject in all its various hearings.
It Is manifest now that an act of gross injustice would
have been done to the volunteers if tho return judges
bed, exercising this extraordinary right which they aay
thfylinve? under an net of Afflwmblyi thrown out tho
votes of seventy-nine companion.
Mr. Briggs. I appear here to-night with Mr. Conarroe,
at tin- time fixed in the wiit of mandamus, to answer for
thi* return judges. I cun only say, sir, that they hav
resolved to conform to the mandstte of the writ, anil t»>
emanejup- [fir Yotr, and so return to tho courti Butt at
the present time, it is impossible for them to complete
their luliorr, for want of siilfirient time, ami hence it ia
they make this return :
To the Honorable Court of Common Pleas of the
City and County of Philadelphia: We, the uudor
t° yh°ni Uff pmnptory writ of mandamog waa
issued out of j our honorable court) on the 13th of No
vember instant, returnable this afternoon at six o’clock,
do respcctfu ly return to your Honor tlmt we arc now
actually engaged, in obedience to tho Command of said
writ, in enumerating the votes returned by the protho
notiiry of the canipitniea therein meutionodi but that, in
consequence of the great labor incident to tho enumera
tion of said votes, wo have been unable to complete our
labor by the tiuif fixed in the said writ, and we pray that
your honorable court will extend the return of said writ
to such other time as will i-iuibb- u» to perform the duty
therein muired of ns,
Signed, J. H. Jeffries, Albert Gibson, Henry Schell,
Jos. Tree, Tims. A. Stafford, Ira Jones, Tho*. S. Harper,
S. I*. Hancock, J. H. O’Hara, Sami. Shreve, M. A. De
Grout, Kdw. Spain, Morris S. Barker, P, If, Couitor.
Mr. Hirst. I have been requeued to present the re
turn of ten of thn respondents, which I will read. As
it Ul.tU 1h cstllc-r) j\ cert! iicatc tif obedieuco lit tlm
book*, I may safely read it, because it boars no evidence
of evasion, nor does It conceal any facts of a mutilation
of the work, if any such exist -
To the Honorable Court of Common Pleas, City and
County of Philadelphia,- We, Kichardscn L. Wright,
ilulm TVi Boilwun James Maguire, Albert GllUsfrl*, Ww.
T. Kennedy, 'Daniel William, James K. Carrigan,
John B. Green, Edward Connell, and Daniel Allan, de
fendants named in the within writ of peremptory man
damus, (“delivered to mo,” said Mr. Hirst, “befora
five o’clock this afternoon,”) do hereby return and
cortify to the said court that m luu‘« been times,
and are now, ready to comply with the demand in tho
within contained, in all respects, but have been prevent*]
up to this time from doing so— First, because the certified
cnpb«» are in the possession of Mom’s 3. Parker, presi
'Hituniio return jinlypsi ficcnnd% bpenuso the said
Morris S Parker, Joseph Tree, Janios H. O’Hara,
Samuel P. Hancock, Thomas S. Harper, Henry Scheile,
Samuel Slireve, Edw. Spain, Thomas Stafford, James 11.
Jeffries, Ira Jonen, P. H. Coulter, J. Alexander Simp
son, liuve declined to concur with the defendants in com*
plying with tho commandi of tho Raid court.
Mr. iiiwt. I understand, if it please tho court, that
this is a certificate of complete obedience, and to be
placed on the records as such, without any concealment
or evasion. Unless it shall appear that these return
judges have, or intend to, or do, include in their enume
ration the hlanileroufi attack upon tho authority of tfn
court—of which duo notice will be taken hereafter—l
suppose for the present, so far hsrespects these fourteen,
sufficient time will bo given them. One of thedofeniantd
haa been consistent with his .statement to the party who
served tho writ upon him. Mr. Simpson has not an
swered, The course of tliP'sonrt in plriin. According to
the practice, we move, therefore, for an attachment upon
the party who has not answered, returnable forthwith.
Judge Ludlow. The only question, however, which
should he disposed of, is as to the time for such issue ; I
onn only gay, while tho uuestion of contempt, which is
pnipabjo and fipp?»r<mt pii its fitcci will receive the notii 0
of the court beyond all question of doubt, and the pro
cess beirg now in my hands, it is a matter of dhcrotiou
with the court whether the writ shall issue. While I am
determined to maintain the authority of the court, Ido
not wish even to appear to encroach on the rights of any
mrud/tr of the ban or return jiutee actually engaged In a
public duty. lam not. to be understood as intending to
say that the question of contempt will not be properly
disposed of. The question now is as to the precise time
at which it will ho attended to.
Mr. Briggs. May it please your Honor, this is not a
case of conttmnt iu open court, it in merely a refusal to
obey the writ of the court j and, in every such iiißtance,
the invariable rule is to take a rule to show cause. Under
the circumstances, would it not he better that Mr. Simp
son be apprised of what is going on; he is an officer of
your court ! As a member of tlie bur, would it noth**
better to lot tho matter rest until ho came into court, and
answer for himself! Erem ins not having signed the re
turn it cannot be said that I appearhere as his counsel.
Mr. Conarroe here stated to the court that Mr. Simp
son was not present at the Board when this return was
signed* ft ud had not seen the paper Mnre it was drawn up.
-'if Biddle. I believe ,I>? practice is to is,™ an at.
tnchmentat once. I am confirmed, by a very late deci
sion of the Supreme Court of this State, in the case of tho
Allegheny bond subscription, in which I find the law laid
down us follows—(Commonwealth vs. Taylor, 12 Casey,
263)—After judgment on a mandamus against a munici
pal corporation, and the issuing of a peremptory writ
commanding the defendants to make provision for the
payment of the relatois’ claim, the corporate officers used
no discretion, and their only duty was obedience to the
procesa of the court.
We are in a situation now of a party served with a writ
pf peremptory nrniidamilfi, ij, which net only 19 B Specific '
hour designated to appear and answer the writ, but Ir
which all the other members of the Board have answered;
I do not wish to hear hard upon a fellow-member of tha
Bar, but I shall not shrink from a duty.
I believe that, unless he purges himself of the contempt,;
the attachment ought to issue. If ho comes in at any’
ilme &hd shows satisfactory reason for non-complianct j
with the order of the court, of course, your Honor will i
release him. I have no idea of any man placing himself
above the law, whether lie be a member of the bar or of
any other body.
Mr. BuUHo then read an affidavit of Edwin 11. Taro?,
in which lie tleclarea that he emed the writs upon so rend
persons, among other.-, Mr. J. Alex*. Simpson, ami the
said Simpson declared that if tlie judge desired to know
whether he would obey tho writ, he answered—no.
Mr. Briggs, iu response to Mr. CasHhly. «3
no record in *ny of tin returns JUftda tf> tlie court that
these gehtlen en have been Vacillating to-day, or fritter
ing away their time; on tho contrary, the record ie, that
they aro new engaged in performing their duty. What
does that imply ] That they are obeying the command
of the court Now, will your Honor make au order that
it will be physically impossible to perform ?
Mr: CsssWf: We i»h rettr Honor in reference to what
is best to make these people comply with the order of the
court. These parties did not respond to the writ. Their
return docs not say when they commenced to count the
vote; it docs not pay how far they have got; it does not
say whut they are doing; it only says that they are enu
memting it.
Good faith should require of them to Bay that they did
not commence till five o’clock. Your Honor should re
member that a number of these people have trifled all
the day away. Tnis writ was served upon them between
eight and nine this inorhing, and from that time until
fix'll they mndo not tha eliglitopt effort to e&ufff? with ;t.
Then, again, there is an affidavit here, showing that one
of these gentlemen, as in direct and positive contempt,
says, in reference to your Honor’s writ, that he will not
obey it.
Mr. Conarroe. They have 70 papers, and have to go
over them 27 times, return* which they had before
w ere but 21 in number, and an cutire day was occupied
in counting thorn.
Mr. Hirst. As this is a body acting through a presi
dent, and keeping minutes, when the full returns to this
maudamus comes, I shall then expect a copy of . 'low
minut«s, and your Honor may then see whether or not
there hag been any rebellious defiftnee of thu court.
Mr. Conarroe said that tho return judges wereth?
custodians of their own minutes.
Mr. Cassidy proposed that the court should adjourn
until 12 o’clock, midnight, adding, however, that every
night we have liad lias brought forth evil.
Jii'lgf iw!]s>Yf. I libyp Bgniii this entire dny reviewed
all the law upon the subject, and although to some it
may eeem to be strange that I should say so, yet my
mind is as cleaily settled aa to every point, save one,
in the whole course of these proceedings, as it ever
could possibly ho on any subject; hence, though it
might be assumed that I had exceeded the jurisdiction of
this court, my conscientious convictions are such that I
cannot, under my oath of office, surrender them, and
would not, I may add—using the figure ab au illustra
tion —though I should to-night lose my life in couae
qiience of it.
With this fixed, settled, flrffi b»f»» W,
that, ns I sHiil before, Bhoultl those return judges attempt
to put tho order of the court at defiance, I should ex
haust and expend its power, but only in accordance
with law*, in punishing them; but I believe that there
Arc men in thAt ltody who are conscientious men, and
•win', in Acting as they Imre dune, have acted under tha
same conscientious conviction of right. I can only
speak of those whom I happen to know. Of the others
1 can say nothing, simply because I am not Acquainted
with them. The president of the Board bos satisfied
me, be yond ciucMinn of doubt, that he Is acting on con
scientious principles. Why, therefore, I should stop out
of the lino now and force these men to do what Ido not
believe they intend to do—to set me at defiance; why I
should step out of the line of my duty to do that, I can
not understand. Still, their labors must be performed,
as commanded by the court, within a reasonable time,
and that time they shall have. 1 am satisfied that tha
further hearing of tho case should be postponed till one
o’clock tO'mori'GWi
As to this motion for an attachment, I shall reflect
upon the course to be pursued, by no moans intending
to intimate that the court will not take a very firm and
decided position in relation thereto. The judge, in con
clusion, said there was only one doubt upon his mind,
and that was whether hd had done properly in giviug the
prothonotary advice. Adjourned.
Fire at Germantown. —A destructive fire
occurred yesterday morning at the bayonet manufactory
ofßidgwn.v, Jtoot'e, & Lawson, in Lower Germantown,
at the corner of Clinton, and Ashmead streets. The
large threc-story edifice, formerly appreciated to the
making of agricultural Implements, was completely
destroyed. The fire broke out at 2 o'clock, A. M., ahd
although the ►team fire engimis of the Fellowship and
Columbia Companies were eoun upon the ground, tho
flames had gained too much hrndwny to be retard''-!.
The loss is $12,000, *>7,500 of which is covered by in
surance in the Germantown Mutual Company.
Coroners In^vest.—The body of an un
known white limn, contained in a coffin, arrived at
M r nlimt-6tm't wharf from Nnv York, on T««dfty nighti
directed to a Mrs. Lydia Plokford, Germantown avenue,
to be left at Cnntington station, (supposed to mean Ken
sington station.) On the head of tho coffin war a card
upon which was written: “Island Hospital, No. 520,
Wm. Beatty, aged 30 years, died Nov. 11,1801.” The
body remained at tho .wharf until yesterday morning.
when tho coroner was notified to hold an inquest, Thu
agent at New York telegraphed thftt he received the box
at that city, and was told it would bo called for.
We learn that Mr. Jay Cooke telegraphed
thedepnrtmcnt at Woshingtou yesterday in regard to tha
rumor of counterfeit treasury notes being in circulation,
nnti the reply ivm promptly m&do that it was incorrect*
Every precaution against counterfeiting was used tor
the department in getting up these notes, and tho ru
mor probably arose from tho fact that sever*! of the
clerks in the respective offices have signed the notes
“ for” the Register and Treasurer ef the Uuitel States.
Death op a Volunteer. —James F. TValker,
of the California Regiment, fell dead suddenly, at Pools
ville, Maryland, day before yoHterday. The deceased ap
peared to be in full health a few minutes before his de
cease. Ho was a member of the Washlu&tou Blues, and
of the Southwark Engine Company, of this city. The
funeral will take place on Saturday, from Second atreet.
below* Christian. A poatamortom examination showed
that he was far gone in consumption of the luugs.
Arrest ok Shoplifters.—Yesterday after
noon, Detective Geo, H. Smith and Officer Smith arrested
two woman in Secor d struet, above Market, on a charge
o r shoplifting. They were named Elmira Hart and Alary
L>jvit<, anil worn committed to answer by AUvrtnan Beit*
hr, last evening. One of them bits served a term of two
years for the same offence.
A Granh Conci;itT will be given at Musi
cal I’iiiiil Hull. I , l| S ht - Tl>? srtlrt* will •>»
Mias Garlotm ratlii Mmc> Btrekaacli, Contomorh tlio Da
rlfouc, and Mr. Hmiry Sanderson, the tine pianist. Tha
advertisement will probably appear to-morrow'.
Petebson’s Counterfeit Detector. Tho
Semi-monthly number for November ffill appear
to-day. from it ore learn that, from October 15 to
November 15, thirty-two new counterfeit bank
notes have been put into circulation. Among these
aro forgeries on the Farmers’ and Meohnnios'
Bank, Philadelphia, (Jives and ones,) and on tho
Uonesdftle Bank, in Pennsylvania. As the
introduction of notes of small denominations baa
been legalised in this State, the necessity for a
reliable Detector has beoome much greater than
before