THE - PRESS, ETBLISHEEi DAILY (SI7NDAY6 EXCEPTED) ITT .7,011 N W. FORNEY, OFFICE, No. 111 SOUTH FOURTH , STREET. THE')DAILY PRESS', Summits Clare Pea, Wssk, payable to the Carrier. )(ailed to Subecrlbers out of the City at Mawr DOLLAILB ! lit LIMON, POIIR DOW4R9 FOR SIX goy:4m, Two Dot kilts vbs.' Wass Morrns—invariably in advance for tb o tore ordered. go- Advertisements inserted at the naval rates. Six. tlittee constitute a square. THIS TRI-WEEKLY ViticgMt - Mailed to Subscribers out of the Car at Finn Dore xdots Pea Aicznig, in advance. COMMISSION:. nolYsEts. pHi • LA.DELPHIA • " ILAMPIWTORY. BURLAP or ALL SIZES, FOR CORN, OATS, COFFEE. BONE DUST, &a. ALSO. SEAMLESS BAGS, (Of staudard makes, ALL SIZES, for sale *hem for net crash on dellvolT. . . GEO. GRIGG: No• 219 and 221 CHURCH ALLEY. COTTON YARN. BTPEAIOR COTTON YARN, No. 10, ..' FOR SALE BY FROTHINOHAM do WELLS. 811IPLEY, HAZARD, HUT 0 lIINSON, No. 1154 CHESTNUT STREET, 001tiMISSION MaROHANTS FOR THS SALE OF PHILADELPHIA-MADE GOODS. ee2BBm ATLANTIC COTTON MILLS. SHEETLIIGB AITiIIaRTIN GEL T CHARLES AMORY, JR., & CO., AGENTS, aG OM:MCA AZLEY, PIIILASELPWIL Ja9-tf SEWING MACITINIMS. , r1T1.1.;.L •T3 . EIABE ; I , AT THE OLD : STAND, .0111 : 011EBT . 1f.OT STB:1111T, Second for , opposite Jayntt's 1411, WHEELER - 421 WILSON SEWING 14/101:1INES. The undersigned has not removed,..but is ready at his - Old Office to supply customers, at the lowest prices, with every style and quality of WHEELER & WILSON SEWING MACHINES. Machines to hire ; also, with Arst-class operators, to private families an d hotels, by the day, Machine stitching done at short notice, in any quantity, Neellinet repaired and operators taught. de2B-Sm HENRY COT. SINGER'S • SEWING MACHINES, For Family Sewing and Manufacturing Pa . iM_KO CHESTNUT STREET. 3 3M THE WILCOX & GIBBS FAMILY SEWING MACHINES Save been greatly_improved, making it ENTIRELY NOISELESS, and with Selfsdjtisting Hemmers, are now ready for side by FAIRBANKS & EWING, 10741 • 715 CHESTNUT Street. L'i ,IA 4 : Dl:fli4;4 Oat! ni;4-11 r=..._•.._._._., ' THE GREAT CLOTHES WRINGER 86 PUTNAM . . 'SELF ADJUSTING CLOTHES WRINGER" warranted to be eapertor to any other in age. May TAIKELY, SHOULD POSSESS A • CLOTHES WRINGER. • . r• BECATISB, .‘ Ist. This a relief to the hardest part of washing-day. 2d. It enables the washing to be done in one-third less • Asa. _ tr: It saves clothes from the Salary always given by 4th. It halos to wash the clothes as well as dru them. 'WE BELIEVE IT ADVISABLE TO PROCURE ONE OP THIS KIND, BaCIAI7BIC, /oar. The rolls being of vulcanized-rubber, will bear hot and cold p water, and will neither break nor tear Mt battens. SscoNn. The frame being of Iron, thoroughly gal. • ranized, all danger from rust is removed, and the ha ' Dllity to shrink, swell, split, &0., so unavoidable in Imden machines, is prevented. TillaD, The spiral springs over the rolls render this ma, -111 no self.adSuatiug, so that small and large articles, as Well as articles uneven in thickness, aro certain to re• ;mitre uniform pressure, FOCrRTEL The patent fastening by which the machine is tightened to the tub, we believe to be superior in slut and'efticiency to any yet offered. Firm, 'lt will fit any tub, round or square, from one. half to one-and-a-quarter inches in thickness, without the leastalteration. 'RETAIL PRICE: No. 1, IMMO No. 2, 85.00. * Agents wanted in every county. *.frir Reliable and energetic men will be Thiesslly dolt With: For Sale at the ••• '"WOODENWARB ESTABLISHMENT" OD FRANOISCUS, No. 433 MARKET St. and No. 5 North Pam st., isl3-tuthe taibli 'Wholesale agent for Pennsylvania. WILLI•AM 'y'ARNALL, DEALER IN . HOUSE-FURNISHING GOODS, • 1020 CHESTNUT STREET, agent for the sale of HALEY, MORSE, Jr BOYDEN'S PATENT SELF•ADJIISTING OLO'PH - ES-WRINGER, Believed to be the best CLOTHES-WRINGER in rise. It will wring the largest Bed Quilt or smallest Hand aerchiel drier than can possibly be done by hand. In very mach lees time. N. B.—A liberal disconnt will be made to dealers to3.3in CABINET FURNITURE, nABINET Fj:IRNITIJRE. AND BIL. LIARD TABLES. 'ZiiOORE &. CAMPION, No. 11101 South SECOND Street, hi connection with their extensive Cabinet Bneinean, ars now manufacturing a superior article of 'BILLIARD TABLES, od have now on hand a full supply, finished with the MOORS & CAMPION'S IMPROVED CUSHIONS, which are pronounced by all 'who Nays used them to be sups. lior to all others, • For the quality and finish of these Tables the mann fscturers refer to their numerous patrons throughout the W Union, 'who are familiar with the character anTl-6 of their %k. ra DRUGS AM) CHEMICALS. ROBERT SHOEMAKER & N0d1'464 Cornerdifourth and RACE Streets; 1111LADILP111A. • • •WEICYDESAL . E DRUGGISTS, 111701111180 MID DEALERS !pure!! AND 100111118170 I VVINDOW AND:RI:AT - A GLASS, W81 .‘14,0071,01.010011 07 ANDIT IIO POTTY, iga• . . Lama rot TEL maannunD • V.IIENOM I ZINC PAINTS. Dealers and 00111111111411 supplied at VIET LOW PRIORS FOR OAS noSEin . • A' U..T10 N. • • The well-earned reputation of 'FAIRBANKS' SCALES Sae Induced the makers of imperfect balances to offer . them as "FAIRBANKS' SCALES," and purchasers have 'hereby, in many instances, been subjected to fraud and 'position, Fairbanks' Scale' are manufactured only by the original inventors, E. & T. FAIRBANKS & CO., and are adapted to every branch of the business, where a tarred and durable Scales to desired, FAIRBANKS ,& EWING, General Agents, ablo.4f MASONIC HALL. 715 CHESTNUT ST. ' . CHAS. JAB. CARSTArRS, NOS. 126 'WALNU d2l GRANITE Streets, , Offer for sale the f o ll ows ng goods in bond of their own Zr),pOrtation, Viz '•;agnac and Rochelle Brandies, in half pipes, quarters , tad octaves. burgundy Ports, in quarters and octaves. 6 1 , 0rt0 Porta, in octaves. T riele-Anobor Gin, in pipes and three-quarter pipes • Jamaica Rum, in puncheons. • Bar Rnm, In poncbeoks and barrels. Claret ' in casks and cases. Also, tbe following, for which we are the oie agents : CH ANPAGNE.--e celebrated brands of " Gold Lao" ttd " Gloria." Partey & Biltrnes' Inaßerial French Mustard. " Olives. ''Carstairs'" pure Salad Oil. Capers. "Ito for sale, to arrive, D3O casks Marseilles Madeira. Hoes Oil. tahes Fre O nch live Mustard. Castes Claret. quarter casks Bnrgtind7 Port. BODES & WILLIAMS, 107 SQIITH W ATEtreet, h ave in s tor and nffec for ititr RS and e, gliartar naffs& UMn, Orange and Lemon Peel. pisteP ..Dried Apples. yilled Peaches, new, halves and quarters, and Pared. one Beans Canada Whole and Split Peas. ,srkbh and Malaga Pigs, Viva Oil. quarts and pints. • o.rsr. and Ca, cry Seed. eacem. Bordeaux, and Stony Almonds. liplch Mustard, English Pickles, &o. rklith and French. Yeunes. Peaches, Blackberries, Cherries. 1i.e,11 Tomatoes, Corn, Peas, &c. L; tt ' l eallY-sealed Meats, Soups, &a. r eloss. halves and quarters. ORERE 14, •UERRING, SUAD, tkl4 ht to 801 11 is Mass, Nos. 9, and 8 Mackerel. loto•oaug JA O3 , Za.assortect package. _ 4 tni t , klolB . /few asetport, Fortune nor, and Hallam Ite 47 4 Luec. Sealed, and No. 'Berlina. t 5 htess Shad. anderkier County Cheese, Sm. lsii 4,or efor sale bT MURPHY a .110064 1 _ NO. 146 !forth WHA.R436. ...... . . , . . • ._. . . . . . . . - • ... 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'' A 41 1 ' - L.110,k• ' ' -,:: ;, "'e ., , ,,, ' -____--x_-- - 7 - - - . .:, 4 ...r....•!. , • ' _ii,.....tr.. - • ....„. - __ _ . • -1 . .. r.:....., . .. - 7111.0 ' ‘ s- da11 ' ........- -- *' . .. _ .4 ; . - --......... i KJ •-- . ....e. , " - ' .. '- - "" ...4 1.0 , _.,•," ............. . , ''.......---.--,:. -:--- - .V.e... ---- ' APO . ' ' • .. . . ._. • . • • k. . . . . . .. VOL. 6.-NO. 150. t jrzz+. TUESDAY, JANUARY 27, 1863 ARMY OF THE CEMBERLAND. Special Correspondence of The Press.] NASIIVILLE, Tenn., Jan. 14, 1863. THE STORM. One of the rain storms of old visited us last night, and torrents of water now descend upon mountains and valleys, which linger near the Cumberland river. Out of thirty boats, laden with provisions, which left Louisville last week, but thirteen have arrived, the balance being detained below and upon the shoals. Owing to the unfortunate breaks upon the Louisville and Nashville Railroad, very little produce has ar rived from the North, by that route, during the two past weeks. But this rain will elevate the river suf ficiently to float any and all craft, and then, I trust, the army, will be well supplied. Just now, and for some time past, our troops have been enjoying a sufficiency of fresh beef. Between here and Louis ville, mostly upon and near the line of the railroad, .are eighteen thousand beeves. When potatoes, onions, beans, and other commodities, so much needed by our men, make their appearance, as they will in a few days, the Army of the Cumberland will fare sumptuously. I left Murfreesboro at nine o'clock this morning, and arrived at Nashville about two—making the thirty-one miles, by horse, in five hours. Asa gene ral thing, there is very little danger upon the turn pike, as the guerillas are now operating in obscure places upon the railroad. Once in awhile they dash out upon some lone officer, and parole him, which generally suits them better than anything else, and occasionally gives satisfaction to the "victim." There has been no change of conseqUence in the situation of affairs at Murfreesboro since my last, except that McCook has removed his headquarters out upon the Shelbyville road, between three and four miles. AN EXPEDITION By coming.into the city to-day, I may miss an early list of the:killed and wounded inthe late battle. But if a certain expedition, which I shall accompany 'to morrow, come across a certain party, I shall have: some fresh news -to communicate. The expedition is composed of four regiments of cavalry, under Gen. Stanley, and two regiments of infantry and a section of artillery, under Colonel Gillem. 9 A FIRES IN MURFREESBORO. Since our occupation of Murfreesboro several buildings have accidentally, or otherwise, been de stroyed by' fire. Yesterday, Mr. Charles Ready, a .nasty rebel, who long ago took the oath of allegi ance, met Mr. William SpenCe, one of the five bona fide Union men of Murfreesboro, and•told him that such things were wrong, and that the Union men of Shelbytille and elsewhere would be visited by fear.' ful retaliation. "Why, ;what are you talking about I" said Spence. "Your son-in-law, Morgan, has been for nine months engaged in destroying the property of our Government and Union men, indis criminately, and but a few days ag_o partly demo lished the town of Elizabeth, Kentucky." The traitor Ready went home.. This Spence Is ono of the best Union men in the State. He is uncon ditionally loyal, and during this IRO, tarry of Bragg'c army in town has suffered, in destruction of pro.; perty, -to the amount of forty thousand dollars. Upon the morning of the rebel evacuation, Bragg took from his farm forty-six horsei and mules. The Sunday before the battle of Stone's river, a pastor Of one of the churches at Murfreesboro used the following language while delivering a prayer : " Oh Lord, bring us rain. Cause to descend upon us a sufficiency to animate the earth ; •to fill our ponds and creeks ; to refresh all itvingpiamt; particularly the turnip crop. Bnt, oh Lord, do not cause it to descend too copiously, as it would enable the Yankees to ascend the Cumberland river With their terrible gunboats." Notwithstanding the absurdity of this quotation, I readily believq it, as I hear it vouched for by several persons. . . Owing. to depredations committed upon the line of railroad by Dick McOann,lkeneral Mitchell issued. an'order that the property orthat dove should be destroyed, which was executed :by Colonel Moore. It is oar turn now. I- ' %B. 0. T. THE RACE AFTER FORREST NASHVILLE, Tenn., Jan. 16, 1863. Upon my arrival from Murfreesboro, the 14th, wrote you a letter, in which I stated my intention' of accompanying Gen. Stanley on an expedition: Well, I have been upon that expedition. It was a search for Fonest, and other desperadoes, and a fruitless one. But, oh I the military experience was romantic—and real, too. Last Monday, while at Gen. Rosecrans' head quarters, I learned that Generals Wheeler and Wharton left Franklin, Tenn., and pushed west. On Tuesday night they met Gen. Forrest and the whole rebel crowd, consisting of about live thousand cavalry and twelve pieces of artillery, joined. That same night they arrived at Harpeth, shoals, on the. Cumberland river, and commenced a work of horror unknown in the annals of vandalism and - - The - day - T - liefore, slinicr-stm-ritia.a - ciptured and: burned the Government steamer Charter. When , the news of this act became known to' General Mit chell, he despatched a local gunboat (W. H. Sldell) to the scene. The gunboat was commanded...hy Lieut. Van Dorn, of the 69th Ohio Infant:47l%e . W. 11. Sidell bombarded and destroyed two dwell ings in the vicinity of where the Charter was burned, and was about to succor three boats, containing wounded, bound down the river, and three boats loaded with provisions, bound up the,river, when a- • shot from Forrest's gang brought to one of the boats laden with provisions. The rebel leader gave but two orders, both in the same sentence : "Throw the. damned. Yankees overboard—set the damned thing on fire P , The first order could not be obeyed, as the " damned Yankees," consisting of the owner of the , boat, who is a resident of Nashville, two Southern pilots, several Irishmen, and a dozen negroes, jumped overboard. The second order was carried into exe cution, and in a few minutes the packet was enve loped in flames. Unfortunately, the burningfboat (the Parthenia) 'drifted toward the boats containing the wounded, and the IL W. Sidell, which had-been engaged with the rebels, ceased firing, and • moved amidst the shells of the enemy's guns to the rescue of the boats *containing the wounded. In order to save the lives of about eight hundred helpless men from the most horrible of deaths, the Sidell , ran bet Ween the threatened boats and the burning one, and be coming entangled between the Parthenia and the shore, caught fire ; but, providentially, the boats . containing the wounded floated several hundred yards down the river. All now was lost, and the wounded men were at the "mercy" of the attacking party. Lieut. Van Dorn and his force of thirty men jumped overboard. Seven of them, however, were shot before the whole party arrived on shore. Van Dorn was taken prisoner, and will probably be hanged for destroying the two houses above al luded to. The pilots and crew and soldiers' were paroled, and the a:agrees were stripped and tied to trees.. . During this time a portion of the gang were en gaged in removing the wounded, six hundred of whom were placed upon a ricketty transport. About two hundred were left upon the shore, and two out of three boats burned, while one was permitted to depart. Thus terminated the most barbarous trans action of the war—hospital boats destroyed, sick and wounded men placed upon the banks of the river, soldiers shotin the water, and negroes stripped of their. clothing and tied to trees—the climax of vandalism established. DESTRUOTION OP BOATS ON THE RiyErt. The following were the boats destroyed : The gun boat W. It. Sidell, and transpoitsTrio,,Parthenia, Trepath, and Charter. Two /of thee above were laden with provisions. The guribot4W; Sidell lost three guns. The total loss is about as follows : One gunboat, fo ur transports, three guns, four com missioned officers, three hundred .men acting lei guards, eight hundrell wounded_ and • sick paroled-i making in all eleven hundred prisoneri--three hun4 dred stand of small arms, and two boatload's . -of provisions. The above facts I learn from the pilots Of different boats, who substantially agree in thnirstatements. A commissioned officer, who luckily escaped, makes the same report at headquarters. THE CHAS But to the expedition;Cn Tuesdarnight, four re giments of cavalry, seven regiments of infantry, and two sections of artillery, under command of Gene ral Stanley, started in pursuit of the authors of the above acts. We went out upon the Hills , boro pike, and crossed the Harding road, and came upon the Charlotte pike, where we encamped. The next day it rained, and the troops were without any shelter whatever. They marched, however, to the shoals, but found no whereabouts of the enemy. A violent snow storm set in, and raged Wednesday night without cessation. Colonel . Gillen, an old army officer, informed me that it was the most awful night he ever experienced. I managed to share the general's sleeping apartment with him, which con sisted of a leaky wagon. It was the longest night I ever realized, and by far the most unpleasant.. In the morning half of the troops, who were still asleep, were covered with snow, which forcibly re minded me of an old Revolutionary story, I think written by Lippard. Those who could not sleep kept up rousing fires, thanks to the rail-fence which, previous to this episode, enclosed the farm of old Aria Brown, an ex-contractor of the Confederate army. In the morning we breakfasted off of sheep and fowls, and our stock off of hay and corn, which, until our 'arrival, was the property of old Aris Brown. He obtained a receipt, however, wherein our famous old uncle promised to pay for two hun dred bushels of corn, four tons of .hay, sixty-seven sheep, and some two hundred turkies and chickens, provided Brown is, and always has been, a loyal man. But Brown cannot establish any such position.. Therefore, uncle Samuel gets the above-named arti cles free. Early Thursday morning our cavalry scoured the country - pretty effectually, and late in the day we leftior Nashville, arriving here late last night. It is presumed that the enemy has by this time reached Columbia by a circuitous route, though the people ,along the road'informed us that Forrest crossed the Cumberland. If this is true, he will shortly turn up in Kentucky. This morning, about three hundred rebel cavalry crossed the Murfreesboro Pike, about , two miles this side of Es.veigne, but did n et tarry long. " They ma naged, however, to grab t;iio'commilisioreed officers, whom they paroled. Gen. Mitchell informs us that, last night, there were two gunboats and a large number of transports below the shoals. We are expecting, therefore, some arrivals to-night. • B. 0. T. NAsnyxLLi; .Tinn.,.sanueiry 17, 1863 This la a remarkably balmy and beautiful day, and the ground all covered with snow. A violent storm set in on the morning of 14th, and for twenty-four hours it rained incessantly, causing the river to rise duringthat time fifteen feet. Thursday and Thursday night and Friday we were the re cipients of a nondescript sort of substance, posed of rain;hall, snow, and sleet; Last night the storm ceased, and we have a foot.ofenow upcin the. ground. Except in the rinter:kof .1856,. no s euch amount of snow has been collected in this city and vicinity for a great number of years. • SeVeral sleighing parties were out last night, but as a gene ral thing the structures called sleighs were very rude affairs. THE RIVER STILL LOW. But once•in thirty years has the river remained so low so late. 'Up to the commencement of the storm but four light boats managed to pass over the shoal. Once in'the history of the river the date of its rise was to the 15th of January, but many times the largest Mississippi packets have Boated up and down the Cumberland during the months of October and November. NO TRAINS No trains have arrived hero from Louisville since Tuesday, owing to the destruction of several bridges and culverts by the late storm. Many.people seem to think that the road will not be placed in running order again this winter. There are three, bridges down between here and Bowling Green, and the' tunnel near Gallatin is seriouslY - damaged. Three bridges which have been newly constructed upon the Murfreesboro railroad have been displaced by the storm. The telegraph lines between here and Murfreesboro have been cut in 'several places. Just now the poor are suffering to a great e.xtent. Many of the 'rich, who have been assessed by the Governor, seem inclined to be delinquent. The following notice appeared this morning in the Union: ' "We beim requested those who have been assessed to come and pay their monthly instalments. Some have done their duty. Others haveteen applied to', for the purpose of relieving, a pressing and - terrible destitution. The cold is now added to want of food, clothing and fuel. To Pass' over Sattirdifwithout making some provision for" they suffering, would be .cruel indeed. It is not in the power of tae civil au thorities to shrink-from the demands of those that Want bread. By noon to;day I will , expect those delinquents to come forward and pay. If a personal request would answer, I wouhrgladly make it: This notice is given that the pressing nature of the case may be understood and heeded. • . JOS. S. FOWL'EIt, Comptroller." SEIZURE OF CONFEDERATE FUNDS. The brokers of this city were.yesterday required to appear before the provost judge and deliver to him all the Confederate money in their possession. This proceeding was totally unexpected _to the brokers, as no order had ever been issued here pro hibiting them from dealing in thili kind of currency,, and it had been openly done at .almost every, hour of the day. About $90,000 was aeized, but, the brokers agreed in stating that they purchased a con; siderable portion of Confederate scrip from Federal soldiers. They bought about two thousand dollars from the Hartsville paroled prisoners, and last week considerable amounts were obtained from the .Con= federate prisoners while in this city. The brokers kept their offices closed in the afternoon, but will probably resume business today. • THE RIVER RISING. , The river is in a high way, havinirisen in all-over 'thirty feel, with no signs of stopping. Its dr:ft is un mistakable. Lick branch,*on the north Ode of the city, spreads like an inland sea, big enough to float all the ships of the Confederate navy. . . 14 1 The Atlantic ana some fifteen or twenty other boats are hourly expected. We look. for gunboats to-day of the first water. The Leonora and Undine left here for Louisirille yesterday. The John A. Fisher, Hamilton,. Shenango, Dove, and *His . . were in port yeiterday. - • One of the boats destroyed at the Shoals by Fair.' rest was bound to Louisville, laden With 130 bn* cOtton, which was owned by a party of fifteen men of that city. The cargo was considered worth about.s4lo,ooo: • ' 8..0. T. AMU OF THE POTOMAC. The I.ast 11 6 hUnie of this Army—An .lEfixerfl lent Seherherlhoiled by the Elements—How • the Movement was to have been ExeczCi . tcd—The Rebels Unaware, of the:Design, • • lIRADQUARTESS ARMY 07 THE POTOZILS.O, . CAMP NEAP. Fahhourn, San. 24, 1863. ' The rebels, anticipating that 'we would, ere long, make another attempt to cross' the river, and that' when we did•it would be above or below Fredericks burg, had distributed a corps of observation and double lines of pickets from the fords of the -Upper Rappahannock, twenty-five miles above Falmouth, to Port Royal, twenty-ftve miles below. They had also busily filled up the interval, since the battle of- Fredericksburg, in fortifying every point available for crossing, by throwing up earthworks and digging rifle pits. Their experience at Fredericksburg had taught them all the use of these powerful auxiliaries in barring the passage .of a river, and the amount of work they have done, in dotting a line fifty miles long with improVised field works, rifle pits, and abattis, is almost incredible. They have been further assisted in guarding this line by, the knowledge that a crossing would hailll , l he attempted except near one of thenr _ forda •iewc—es--the • riven --- i.gSlAnsmr7inintary -- prui ence would dicta - Us - hag - 611 our part, for it would hardly - do to put before the army, in case of the destruction of the pontoons, the frightful alternative of an im- ' pasiable stream between them and retreat. Now, there are only some ten or- a dozen 'of these fords, • audit is obvious what an advantage this puts" into the hands of the enemy, by limiting the numher points necessary to be guarded by them. - The locality first actually chosen to make- the crossing, and determined upon some weeks ago, r •wati Skinner's Neck, ten miles . below Frederickiburg. Here the river makes a re-entering bend, forming a promontory a couple of miles in extent. The ad vantages of this position, enabling us to place gun boats on each side of the Neck, and plant batteries perfectly covering our crossing, are obvious enough. This point being selected, urgent preparations' were set on foot with a view to a crossing. In the meantime, every rood of the river margin, both above andbelow Fredericksburg, surveyed with critical care. The result of this survey wasthe conviction that the fords some distance above Fal mouth were, on the whole, preferable to the point selected. The reason of this will become apparent from one or two topographical considerations. Following the sinuosities of the Rappahannock.is a ridge of hills varying from 100 to 200 feet in height. This terrace varies in distance from' the river mar gin—in places coming:down flush with it, and else where, running back for a maximum distance of a couple of miles. The interval between the river and the ridge is a perfectly level plairi, oVer, which the river at one time flowed, the ridge having,'ifi 'geolo: gic times, formed the bank of the river. - It was this plain over , which our troops had to pass, and which was so murderously,swept by the rebel, artillery on the occasion of the battle of Fredericksburg, eape daily on our left wing. It would be well, this time, to avoid 'such a slaughter-pen, and the position at Skinner's Neck was open to ,this cardinal objection. Not so with several positions on the Upper Rap pahannock. At " United' States Ford," "Banks' Ford," and elsewhere, the bluff runs down almost to the water's edge, whence there is an abrupt as cent up the height to the plateau on ittr top: More over, as the topographical configuration of our side of the river is a precise counterpart of the souttiside, it was easy to obtain excellent positions, within short range, for our , artillery, and we could' thus hope to silence batteries the rebels might bring to bar our passage. If. then, we should succeed in laying the pontoons, it would simply be a matter of a rush up the heights under cover of the fire of our artillery, and a key position would be gained: - 'lt should further be added that the rebels had fortified far more below than they had above ; and these con siderations determined the 'choice of some, of the fords of the Upper Rappahannock as the point of traverse. ;United States' Ford; ten miles above Falmouth, was selected as the point. Happily a far greater degree of secrecy than we had hitherto succeeded in preserving as to - our projected movements was this time obtained. The pontoons, of which a- large , ad ditional supply had been obtained from Washing tom were sent up by a back road and under cover of night; at the same time Others were sent down the • river to other points)._ Roads were cut to the various _fords above; ispots were. cleared of their timber for positions for batteries; but precisely similar work was"carried on at a half dozen other points. - On Monday, at 1 o'clinik, the troops were set in ' motion; Hooker's command moving in column ,up _by one read, Franklin's by another. It was a march • of :but ten, or a dozen miles, and night saw them en camped in the woods'within convenient distance' of the fords. Tht crossing was to have been'attempted On Tuesday. morning. • Information brought by our 'spies and scoots from the other side of the river de- ' -termined a day's delay,,and m at the last moment; the planovas changed. Instead ' of attempting the cross ing at United States Ford, General - Burnside re • solved to make it at Banks' Ford—four miles bele . * —and the movement was put off for another day. - On Wednesday morning the crossing would' take place. With the first gray dawn the pontoons would. be be laid under' direction of the corps of engineers, protected by our sharpshooters. It was presumed that a couple , of hours would , suffice to see this done, and four hours more was considered enough for the ' crossing Of the whole infantry force. The crossing df a river, though in itself an opera.- tion belonging rather to tactics than to strategy, may yet he a cardinal, point in a whole system of strategic movements. Our hope was that we should surprise the enemy at Banks' Ford. , Hooker's and Franklin's grand diviaions would then be thrown across the river, while at the same time ode of Sum ner'a corps (the , second)vould make a feint.with pontoons, arc., some miles below Fredericksburg. The key of the whole situation is the hills in the rear of Taylor's house - , a mile back from the ford, and a mile and a half below it. If we should suo teed in making the heights, and taking possession of this position, the game would be entirely in our own hands., The strong rebel position in the rear of Frede ricksburg would thus be turned, and just as soon as this' was effected Gen. Sumner was to cross at the old place, directly opposite Fredericksburg and attack tlw works in front. The reserve grand division of Gen. Sigel was assisting in guarding the line of the river and our lines of communication. • On Tuesday every preparation had been made. That day Gen. Burnside issuerta general order an nouncing that the Army of the Potomac was " about to meet the enemy once - more," and that "the au spicious moment had arrived to strike a great and mortal blow to the rebellion, and to gain that deal:: sive victory which' is due . to the country." This order was read to the men that evening, and niht found the infantry encamped in the woods ' wit hin easy speaking distance. The positions for the batte ries had all been selected. The batteries were at `:hand. The pontoons were within reach, a short dis tance back of the river. , '‘ The night operations had not escaped the attention of the wary rebels. Early in the morning a signal gun was fired opposite the ford, reminding one of .that other signal gun fired by them on the morning of Thursday, the lith of December, when we began jaying the pontoon opposite Fredericksburg, and 'which was the token for the concentration of the 'whole force at that point. It was indispensable that we should secure 'all the advantages'of a surprise; mid, though our intention was thus blown to their ears early on Wednesday morning, we were, never theless, forty-eight hours ahead of them, and with favorable conditions should have been able to carry Our position before they could possibly concentrate. Accordingly, a desperate effort was made by the commanding general to get ready the bridges. It was obvious, however, that, even if completed, it u ould be impossible for us, in the then condition of the ground, to get a single piece of artillery up the opposite declivity. It would be necessary to rely wholly upon the infantry—indeed, wholly on the bayonet. Happily, if the.rebeis should prove to be in strong force, the country is too thickly wooded to admit of much generalship, and it was hoped that our superior weight of metal would carry the day. Early in the forenoon I rode up to the heafi- Q uartere of Generals Hooker and Franklin, about. PHILADELPHIA, TUESDAY, .JAMIARY' 27, lsp. two miles from Banks' Ford. The night's rain had made deplorable havoc with the roads. The nature of the upper geologic.deposits of this region affords unequalled elements forbad roads. The sand makes the soil pliable, the clay, makes it sticky, and the . two together form a road out of which, when it., rains, the bottom drops, but which is, at the same time, so tenacious that extrication from its clutch is all but impossible. THe utmost effort was put' forth to get pontoons enough into position to construct a bridge or tivo. Double and triple teams of =hems and ukules were harnessed to each pontoon boat. It was in vain. Long powerful ropes were then attached to the teams, and a hundred and fifty men were put to the teak on. each' boat. The effort was but little more euccessful. They would flounder throughlhe mire., for a few feet—the gang of Lilliputians with their huge-ribbed Gulliver—and then give up breathlesre::r Night arrived, but the pontoons could not be got up. The rebels had discovered what was up, and the pickets on the opposite, bank called over to ours that, they "would, come over to-morrow and help us build the bridge." • . . • Viet night the .troops again bivouacked in the same position in the woods they had-held the night before. -- You can imagine it mint hive been a despe rate experience—and yet not by any means as bad • as might be supposed. The men were in the woods: which afforded them some shelter from the wind anff rain, and gave them a comparatively dry:bottom to sleep . on. Many had brought 'their shelter tents:; and making a flooring of spruee, hemlock, or cedar. boughs, and, lighting huge camp fires; they enjoyed themselves as well as the circumstances would per mit. On the following morning, a whisky ration, provided by the judicious forethought of Gen. Burn side, was on hand for them. Thursday morning saw the light struggling through an opaque envelope of mist, and dawned upon another day of storm and rain. It was a curious sight pre seated by the army as we rode over the ground, miles in extent, occupied by it. One might fancy some new' geologic cataclysm , had o'ertaken the world, and that he saw around him the elemental wrecks left by another Deluge. An' indescribable chaos of pontoons wagons, and artillery' encumbered the road down to pontoons, river—supply wagons - upset by the road side—artillery . " stalled"' in the mud—am Munition trains mired by the way., Horses and mules dropped - down dead, exhauited,lo.th the effort to move their loads through the hideots medium. A hundred and, fifty dead:animalOnany of them buried in the liquid muck, were. counted-in the course of a morning's ride. And the muddle-Was still-further increased by the bad' • arrangements=; or rather; the failure to execute the arrangemenfs•that had been made. It was desigried' • that I ran klin , s,column should advance by one road' and Heoker's by another. But, by mistake, a portion- Of the troops of the left Grand Division debouched into the road assigned to the centre, and cutting' in between two 'divislorul of one ° of ,Hooker's - corpei," threw everything into 'confusion. In consequence,' the woods and road!, have for the paat two days been filled with sire - , though very many of theta were involuntary:- lets and were evidently honestly seekiagif :Tejo their regimente. 'lt was now nolo ger a question of how to go on ;. A it was a question of how to get bank .. That night (Thursday); the three days ,- cooked ration, which' the men had taken -in their haversacks when start ing would give gut; and the other six days' provi sions Were in 'theaupply trains,- which sttick.fast in the mud miles behind. Indeed, the /Miens had al ready, in-many cases, given out, and - boxes of hard crackers 'were brought up on mules or carried on men's "shoulders. An order from General Burnside to withdraw the forces to their old position was mo mentarily expected. It did not come, but instead, another order stating that General Burnside had "good reasons" for commanding the troops to hold their present position till today. But whether we should move forward or back ward, the first requisite-obviously was to put - the . roads in such a condition as would admit of move ment at all. Accordingly, all the available force was at once set to work, corduroying the," rotten" roads and putting them into some kind of practicable con , dition. . . . . . Early this morning the army was ordered 'back to its old.camping ground,Nand about noon the infantry began to pass by these headquarters. The lads. trudged along tired enough, butjolly withal;suld dis posed to be quite facetious over the "mud campaign," whose odd experiences will doubtless long form the theme of conversation around many a camp-lire. Thus ends an enterprise which had every human bpspinise of-success, but which has been baulked and rought to naught by. causes which mortal ken'could neitherhaveioreseen nor prevented.. The fatal part played ljy the elements needs no comment. Whether this drawback might not have been overcome by ;vigorous? , wort andsea_rty cooperation on az - - 4,:#1 of the military leaden, is' a q uestion much mooted heTer I.There are those • who asseii that, had it not been for the apathy of some in - hfireid'ac k s of military command, we mipli.V..sll4 4 l,tase,ear-; vied the day. This question however, is - one4mare fit - to be brought to another bar than that of.theie,. '!columns. [The above statement was penned under the,dio tation of the;' Hon' Henry J. llaymonk. for =the columns of his .nityospaper 3 the New York Times. 's The facilities wVolithediatinguished correspondent . , possessed for obtaining, inforgiation of a reliable . sort were many and great, an dim s may believe 'the story, if we do not harbcir thallibreasion that the writer has again fallensinto the "arms of the Min eio."—ED. Puscso.).'''s DEPARTIIII6! 4 44 WiIIE,TENNIISI4 Conferext° of deueirals—General breCl'er t ' Haxid.4o Leave4;Axlo4siaas T :General Grunt_ to Co - ' tfigo,lkalsabeirg Expedition-:- Toms tee tlectiOnell: • ,• ,111 . itu - rois, - ...1.aii5.20:dia Canto, Jan. Anionethe,riaregirciente,that have suffered from battle 'arik Wisconsin stands prominent. It — d..thity'seie less than a year ago 1,000 strong. It now = int( exactly 100 men, Maj. Reynolde Alloifis at home, in bad -health, 'endeavoring tolet'recruits. . .' • Gen. Grant hal; -returned, having been to Napo- • leon, it is Supposed, to consult with Gene. Sherman and McOlernand. It is stated that Gen. Grant 'Ant an order to Gen. McClernand to leave Alicanatis, as that is in another department. - It is thought Gen: cr-4-o.ataill command the next • iPs.2i. edition in person .:. ' . s has beitnli;_tvitiat &roil river, as well as is--cne. interior, until - the rebel • ' strongho l d falls. • • Gen:"..Grant has telegraphed Gov. .Johnson to postpone the election for Congressmen in Tennessee. -Majo.fGeneral McPherson and staff haVe arrived.. An order has been Joined requiring cotton specula torkto pay $lOO for permission to trade; the money to.be" used for secret service and hospital purposes. :twitet` THE THIRD' SIEGE OF - VICKSBURG. 3 , :... Mearverrs, Tena., Januaryl9; lB63. Memphis, just now, is the centre of stirring and important undertakings. From the gray hailed warrior, with the twin stars, down to the hzimble cotton buyer there is a velocity ' of action that indi cates something of iniportance. The warrior is vie- • tualling our fleet, -which lies at the leveeawaiting • the tough••hattalions which are contiguous to this babe of operations. The town, the streets, the small • •lodging-houses--in fact, every rendezvous for man and beast—is full to plethora. and a little beyond it. All arms of the service are well representol Lee, of the cavalry, is here, tightening his circingle for a "dash , ' on the Yazoo. All the brigadiers or the de partment are receiving instructions, and enjoying the lean table of this money-making hotel. The navy is quietly getting up steam, keeping a sharp • look-out for No. I, and preparing for :a swift and bloody reneounter—a istrife—a dashLa duel which shall quench the last ray of rebel insolence upon the banks of this great river. - To-morrow the sixth diiision Jewell Tennessee • for a poinf'firther south. It is commanded by a . Chicagoan,•Gen. John McArthur, a soldier, a good • and generous officer, whoie good breeding and sturdy • pluck have won for him - the love and confidence of his command. This is not an empty compliment, but one merited, as all who know him will cordially corroborate. Grant and staff arc busily engaged with the minutia;, and I have no doubt but before this • reaches-you all our forces will be ready to move southward. • . From Corinth to Memphis the road is well guard ed, and all' aafeguards taken to guard raids and sur prises. From Jackson to Grand Junction , and from the former to Corinth, vast and powerful provisions have been made in case; of 'any.more visits from For -rest:end Van Dorn: -- . Generitl Giant has 'issued an order dismissing Colonel Murphy from the army, to take effect from the 20th ult.. The order is a scathing .and bitter de nunciation of the inattention and cowardice which have lost us so many important - posts., Death, not dismiesal;'.ought to be the perfalty for surrender, un less Where the odds are so.great,that a refusal would be criminal . Thti Must be inaugurated. Until it is, vain brigadiers and inexpeiienced colonels will avail themselves of all the privileges of the white flag. It must be stopped, no matter who is hurt. The 90th (Irish Legion) is complimented in the order, in fact it head!' the list. The 25th Indiana and 12th Nicht glin'are honorably mentioned. This is as it , should The.valiant and brave should ever recei* the reward'of their deede,' and the cowardly and trucu lent ditto. General Grant laviably eulogises the -bonduct of the above-named regiments, and is equal ly as denunciatory of the - commander of the post of Holly Springs On or about the 20th ult .— Chicago Post. • ... Loyalty in Camp. The New York Tribune publishes the followiniiip, ...teresting dioatch from Murfreesboro : • • '.1K1187/3.2E9801/0, Thursday, Jan. 22, 1863. A meeting of officers of about all the Indiniul re -'-giments In this army was held to-day, and strong re ' solutions , were adopted unanimously, denouncing ""the disloyal course of the Butternuts of the Indiana • Legislature ; also complimenting Gov. Morton for his energy and patriotiem;decla - ring-that the Union , shall be preserved unconditionally, .and that the I soldiers of Indiana will devote their means and their to Union:. • • reisolutione were drawn . by 'Col. Hunter, of t the 82d Indiana Regiment, a -Democrat, who, with Col. Goodin, of the -22 d Indiana, and other promi nent Democrats made violent speeches, denouncing ..treason ixt•the Indiana Legislature and at the North. They also pledged themselven that there is not an Indiana soldier.whose garments wetted the field of ' battle who will not endorse the resolutions, andiwho ;-will not fight the enemies of the Union, North'and _Routh, to the death. - The resolutions will be acted upon by each regi ment, and forwarded, through a committee of 0111- 'eers, to the Indiana Legislature. Colonel Goodin denounced the Indiana Butternuts as d—d rascals. • One hundred and twenty men of Colonel Hall's brigade, and thirty-flee wagons, while foraging yes terday, were disgracefully surrendered to a small force of the enemy. The men were loafing with the • train with unloaded muskets. , W. D. B. . • . SURRENDER OF THE "SIDELL." Public censure falls heavily upon Lieutenant Van Dorn, the commander of the gunboat Sidell, which surrendered to the rebels at Harpeth Shoals, without so much as firing a gun. It is believed by many, who are well informed, that the whole affair was well understood .between him and the rebels. He had a sufficient number of guns, with a plentiful force to man them, to have driven the rebels back and completely 'routed them. But the surrender was made without the firing of a single'gun on his part, and, on his ar rival on shore, he is said to have been warmly greet ed by the rebel officers. Lieutenant Van Dorn is said to be nearly related to, the rebel general of that name. ' • ANOTHER :MARTYRED , COPPERHEAD.— The Springfield correspondent of :the St. Louie De mocrat relates the folloWing happy incident, which occurred at that place : " A fewnights since, a mem ber of the Legislature, who was sleeping double at one of our hotels, was kicked out by his bedfellow, an officer in the army, for ventilating his Secesh sen timents at the unseasonable hour of midnight. The officer threw the offender's clothes after him into the passage. The member was compelled to sit up the balance of the night in the office, before a cold stove, In rio very pleasant mood." .• FORTIFYING- PORTSMOUTH HARBO R The Portsmouth (N. H.) Chronicle says . that "five large iron buoys have recently been placed in that harbor, between the two forte; for the purpose of mooring an iron-clad,. which will be sent to thai station, to remain there until the forte are completed. Fifty laborers, with wheelbarrows, picks and shovels, on Monday morning last, commenced work on fortifica tions at Fort McCiary. The extension. will be pushed on with all possible despatch. Work has been going .on at Fort Constitution for.some.days past. ~ • . . • BESPITED.—AbeI Itiggs,.who,was 'sentenced ,to be . 'executed at brew Castle, Del., for an unnatural crime, on the-27t11 of February next, has been: re ' spited by 430 v. Burton until the .26th- of, February, 1866. Riggs, when informed of the fact, appeared dissatisfied, and remarked that he would rather be hung than be compelled to - remain in prison two years. T-FLia , , , • C I tr."Y" The The 862 1883 6 A I . BT. -2.6(1 3 P:m. 8 A l . la 12 JANUARY 26,26, 5 r. E . 31% 38 . 38 42 46 51 WIND. WIND. . WSW ! ..W by Si..WSVir. SW' SE....SE by S THE LATE': ObLiINS.--Rev. Dr. . Flintier, of the:'.Arcli-strOt Presbyterian Church, preached on SundEiy afteinoiin an eloquent sermou' upon the late Isaac Collins, a distinguitihed and ea. ! . teemed citizen of Philadelphia. The discourse 'was delivered in the Chapel of the House of Refuge, an institution to whose support the dedeased had,during life, 'very munificently contriouted. The Board of Managers of the Refuge and a large number of ladies and gentlemetrwere present. The boys connected with the house (now number lug about ihrie hundred) occupied seats in front of the pulpit; and the girls (numbering neatly one hun dred) were slated inthe' galleFy at the end of the chapel. The;usual Avotional exercises being finish= ed, accompahied by the singing 'of two beautiful' hymns by the children, Dr. Plumer -opened his die= bourse from- the words of Job 6, 26, "Thou shalt come . to thy grave in a full age, like as a shock of Sorn 6onieth in, in<hie aeason,” * . After rehearsing.the' dealing's of God. in His Provi dential treatment of Ms creatures, especially" His believing people, and oitiniiiistinoes of the lainenta tion and moitroing - which the children of Israel ma- nifested wh bereft of their ; prophets and other good meril, r. Plumer proceeded to give a graphic account of . life and death of the deceased. Mr. 'Col / lina was 041 in Trenton, N.' J., October 31, 1787, and died Atintary•l6, 1863, in the 76th year of his age. Dullsthe last two years of , his life he was full of suite gmnder a'Complication of • painfurdli=. eases. He . as originally.engaged iit lhe'.oitylof r t New York 4 , , a publisher and . bookseller, and, in 1828, having -ecured a competency, he removed ;to eing then about 40 years of age. of Refuge (whieh he so long and faith:- this city, be The Roue, has coat thus:far more than $300,000,• g•patrone•and , funds for its support; . ntributed his full share.. He. also de= fully served and in secu Mr. Collins, f his time to the public schools of this filling importint poste as a member of voted much city, besid,: the. Soci for. Alleviating. the Sufferings of Pri .soners; -and :a a manager at the Illockley Alms house. ad an active agency in establishing the.. State Luna cAsylum at Harrisburg, and he was one of the .riginal members of the Pennsylvania ' Institution .r Idiotid and Feeble•MindedChildren. - -Mr. Collins belonged to the Society of Friends, and, although deilded in hiireligloultprinciiiles; he . was eminently tderant. - . •• . . Dr. PlunieViilikfuentlY dilated upon the traits of character' wh ich made Mr. - Collins loved and re:. speatel by all who knew 'him. The address elicited eked attentiOn. . . . . m—. .fi-rr wE • umiCIDE CASlL—Yesterday -morning tha Coroner resumed the inquest in the case of Johnwho'died from injuries received on Saturday night,-11th instant. Only, three wit, nesses tverdexamined in reference to the matter. Capt. Jim Francis testified that he knew Mocker man, who i charged with being one of the assailants of keichlinN but could not say that he committed an assault on the deceased; the man who struck the blow had ya fur ciip'oft ;' saw - Frazier (Newkirk) thererriglitlin the fight; saw him in the house after the fusswia over ; . .think ,Mr„Frazier ;hada hat on that night ;: was looking at .Keichline,:when he fell ; Frazier wairoff some distance. ; saw no blows struck at Keichline when he'wae . going out of the door ; a. man wit h.a fur cap.on struck Keichline on one side and a man whom witness did not get a fair look at, struck him-on the other side.' Wm. D. Franks recalled:--Saw both prisoners: there ; Mr2,Mockerman did nothing ; when I had .. Mr. Keichline at the bar that young man, Frazier, said to Keichline You loafer, you threw a glass at my brother ;, as soon as the words were said the blow was given ; I heard and saw Frazier; the blow was struck from my side ; can't say what the blow. was struck with OA was rather hard. to be struck with a fist; as the blood spurted out' of Mr. Ketch eheek'inimediately ; as soon - as the blow was' LatitickFrazier left, and I did not see him' anymore; couldp't tell who struck the blow over my leftehoul iler;:can't swear positive that Frazier gave theblow, but sup . ppse it was him, and • saw his arm•move - the time ; there WAS another person behind, but I . dan't.thirdeiny one was near enough. to 'give that . blow, it came •witkauch force. John McGinnis svForn.—l went into Military Hall " about half past nine ; deceased man came a little while afterwards • •Keichlide sat 'upon the back of the chair and thr'ew a glass when Mockerman and his ohum came ,put .to dance • the man with a fur cap said, " That 'Waii,a d- 2 —d Mean act;' the officer came' ;d, 'two or three of them .tiereitn a titssel , k teceaded fell, the officer on top; Vlkas,p( Trazier • .g at deceased, but he was - kept back ; did - nO see him strike a btow ; saw . the man 4 the ,fur, cap, strike. at.him ; after the toffleer got him-•(deceased ) into"the - street he erossedhis'arma-upon his breait. andjaid that -,was • a man himself ; he could •.whirany: one' of them ; the man with the fur cap said:that he would bet twenty . dollars that he could not ;.I'll swear on my .twenty I did not see either one of those young men '(Mockerman and Newkirk) strikesti blow; after the alai; was' over, I heard Frazier say that-Mr. , • Heichlintought to have his head broke; after Ketch wasinished out into the street I picked up Fris• zier's hat and gave it to him; Frazier helped to get outilhe -man with the fur capon' struck H.eichline,two : or,-three times in. the face, the last . time as.he.witagoing out of the door; I did not see `,,anyluady . Keiehline, or, go towards Fifth reet;:wheia K,eiehline was asked whether he threw esiatuhe saidir.?" , ,i Yes, I threw it through ()our 'washicir elle ; it on the the bottom. At this point. the : lnquest was a o o'clock this afternomi, • • „_„... ltillft4TlNG OF THE GUABDLANS OF:THE 1 _ .. „ ... . , ENSO33O-The stetal” meeting of the Board of .Gpar- diens took ; place , yesterday afternoon, President,',. Marts being in the.chair. The census of the liiltnie . 1 ;pi the tworweeket ending . Jan. 24, as reported,rivas I 111'; same tillleliiie year, - 2,626—decreatifll6. ' . : the . . .4 1 dmitted within' past : two. weeks, 167, - - d . , .f" raged, 68;. born, 1 ; f , dieil; 34 ; absconded,. 8 c ~,, . 'granted lodgings, ..86; granted meals, 178. The . pf a stetiard reporte4 te hOuBtVreceipts at $1,54,86. , I amount recelved'for support oases Was, as repo by the' bouse• agent, $258.50. The annual repo .6f ' r a. the Committee on Farm and Garden was pre* , stating that the valu6af the produce raisefl ; du the past year exeeeded by $1,600 that of - .l',an the expenseslhad been greatly reduced: Thei l,N eimmer 'hadbad reduced the amount of receipts . ' Farmers 'had been obliged to.buy fortk tons of hay, at an out lay of $6OO, because',Of ilie overflowing o the Alms house. meadow. 'The .summary of theTeeeipts and ' expenditures, 816re:seated by the ,pothinittee, is as follows: , , --e..f Product., Expe.ices._ Balance. Farm • : $7,471 87 • $2,91602". . $4,551 95 Garden ' ' '" • 8,351 85 848 - 35.::: 7 %,2,703 70 ' Insane department.... 1,200 24 330'011"i , tx.. 870 15 .. . 12,023 26 3,895 16- ! ~-8,1,28 8 . 0 ~ ... The Committee on Manufacturers state:Asir:L.:Ws annual report that, during 1862, emplotiretiOlad been provided for all the ?able-bodied ma.l4aultans e g i in the institution. They performed an nmaiia- work which. exceeded that, performed in a n ' •e.. ViollB year: Many of the infirm-and old ha •-• furnished with the light and suitable lain .. reit' they desired, and which ,enabled them to de'frki the cost of their•maintenance. The incressee price of cotton, and the Councils'• appropriatlim' toward a supply, were not long in exhauatifig themselves, For almoit six months the looms had'.l.4mained idle. The demand for shoemakers had: enlisted'? from' the establishment, in the service of 'the army, marly . la l borers in that department. Their number-hail-been diminished at least one-half.-Broorn-makieg'. had been added during the year to theliskotemiimp Itorisi One hundred, and fifteen dozen s tofelgese han manufactured: This is enoughAdf.prOildelOrtthe whole ; establishment, and has Ifltyedy tbi , thedegaiN , Mint , one- hundred and twenfy;five..! - dollars the .Alinahouse farm furnishing a portn3nrof;thieve•The committee re.comniend the adoptforrof elitidgh bind to proi4de the entire crop required. Xlie•gaff-fitting and . plumbing , were placed at the beginning: , of:the year.in'the hands of the committeti;iwhordimr? slim the expenses $1,912. The *department.reallsed l'clu-• rink the year $2,353.16. After the Yeadintlindlthe granting .of the requisitions of the= ete . wirtipthe Board adjourned. • . - .nini• -, . ' I?: .1 ' , ..ipri_•40.,..,. 4, 1. • . • ~„ . . . 'MEETING OF • - THE:".IIOARD OV.A.PRIEDE.:--- "'The Stated ineeting,of themenibereo e _Ward _of i.jii - - Trade held yesterday evening, at 3N o'clock; at their scams, 605 CRlCatillt street, 'President Tdortonl , ._. - . • : In the•cihair; The'minutes of the ;Ir: . entitling , meet ' ing • were read4nd apprOved: The se , Mr. •• Lorih Bledget; was - absenti, l being iii; ti, and ',upon ;businetiti in connection With' ilke",: - .cout-' 1 Merhe of.: the)fort - Goznifintilentiortg re: fed:trcr t g . , : members oft the. ER)VerifitienV cOnveyin 'their:' ~ 1 proval'of. a' constrgetion' of 'it De partine `..f . ."..ta • 'tics ar fule'of the refrular Govirnmenf'D,W. .. - nts, • were .Sehd.i The transmissii3n•of a ntpie. A'' ',tothitt .effect,taholthedraft . cifinill•by the %CreterYof ',the Interior s have been, msde. pxospefous Testa* In •• regard te triffeliMitirdfactnreif and .4cnigratiiit - Fe, i ~therefore,`ftdsteitrafsfrialiatonr i lx 4 e •phoi , : for the exediiiiferdifieerlibktbe eneuintyeit; -, this:the Boardradiotizsted7l. . • a-• . Bwrrii:Tf-,-Yester - .4a 4 yr ft ,601- - ;.dier of the 82d . I rlnuois Regiment; nametP4ngtistfts --Leverner, at present . ..it , inmate, of therisill t i fitliL- 1 , ' delphia HosPital; took s' Seat in 0ne..70f itie'eariiioff - the Weet Philadelphia Passenger Railroad ,Ooin : piny. The podr fellow has teen woun ded'in *eve : ral places, anti has had a leg. amputated,. titerying I -..t0 an uncharitable extent on theesupposedlliberality I , ' i nf. .a. soulless railroad corporation,- he neglected to • ;provide himself. with sufficient fare betbre leaving . the hospital. The conductor informed hini that he; had no Instructions to , carry anybody gratis, , andi ...soldiers i wereno better than other people. :The un- i fortunate.mari wasat once ejected, and *the most( .brutal, manner, by-which the .pain of his wounds Was greatly intensified. • . 1 -HowceorAnt - rc HOSPITAL.—The Associa-i lion of Ladiei for the management c7f the HommiN pathic Hospital, tak e pleasurein acknowledging the following. donations to January 24th : Mrs. Moore,! 16 quarts•of • milk •, Mrs. Flick, oatmeal; Miss Su-3 sauna Longstreth, 1 dozen of towels ; a friend, scrap. pie; Mrs. .Wallace, Sebr4 - bedding ; part of the: proceeds 'of a fair beld'6o2 south Eleventh street, shirts 2 pairs'. of Woks Miss E. R.'Abbott, $4; a friend, doughnuts ;'Mrs. A. Mix, llolmesburg, socks and carpet slippers . ; Mrs. Willson, cranberries and sugar ; a part of th e proceeds of a fair "-held at ihe New Jerusalem Church, south Fourth street, $26:60.. THE . CITY TREAAtTRY.—The receipts of! the eity treasury during the past week amounted to ; $83,671:42, and the payments to $45,500,33. The -- principal items ofreyen"ue were these: , Market rents . . , Water resits., 12,616 22 ,City railroads - 72 91 II Ighw 4 y Department . .701-3 b Law • ' 41260 Trust, funds --- 2,000 18 " Mortgages' . ' . .409 60 The payments' , were principally oz account of interest on eitylqins; $25,000 were paid out for this purpose, and "000,4,000 for bounties to volunteers. THE RACE-ANTI-VINE43TREETB PASSEIf o.Ea ,Ria,Lir c OXD.At a'recent meeting of the Race . „ , and* . 7l ll ze - eta Pgasenger Railroad Company, a re solOtkliivas gubmittedltating that the last election of. t oilleers %via improperly conducted, and it was re quested that the officers then elected should resign, without rendering it necessary for-the stockholders .to have resort •to legal measures: 'An amendment .was offered to refer the resolutiemtosaz•committee of pt estigation. The resolutiono.wahmaded, was adoed. • - • • . • - ANNIJA MEETING.—The annual meeting of the Corn Exchange Association, of this city, will be held this evening at I o'clock at their rooms, corner Second and Gold streets. , , °meter. TEEE . [Before. Mr. Alderinan White.) Alleged Laiceny. Henry Smith is the name given by an individual who was. arraigned before the alderman yesterday, on the tharge of stealing a basket full of, leaf to bacco from a hogshead on Delaware avenue,. below Pine street. The man was observed to be loitering about the wharf last evening, and was twotOrthree times ordered to go away. Finally, when he.tiought that nobody saw him, he helped himself to . aboUt fifteen dollars' worth of tobacco, and started% to- go through an alley way leading to Water street. One of the workmen in Mr. Hartman's cracker bakery observed the movements of the mysterious stranger, and called the police. The fellow was • captured-and , the tobacco 'recovered. The defendant had no ex planation to make. He was committed in default of $1;000 bail to answer. • Larceny of Boots. Before the same magistrate, a mangiving his name as William Reed was arraigned for stealing "a pair of boots from the store of William D. Cooper,-in Lom bard street, above Sixth. It seems , that the accused entered the store while - Mr. C. was waiting on a customer, and presently retired,, taking with - Mita. a pair of boots. He did it so adroitly as to. escape ob. servation. The owner missed them in a' few minutes—hunted for a police officer, and the man was arrested with the boots in his p ossession. He tried to make it appear that he was taking them home to a customer of his employer. . He was com mitted in default of $l,OOO bail. [Before Mr. .Alderman Lentz.] A Disorderly House. • Jane Wells, who lives in Shippers street, near Six teenth, was charged before the alderman with keep ing a disorderly house. She was arrested on a war rant on complaint instituted by a neighbor. Oces= slonally, for some time past, several fights occurred in the house, and one man was reported stabbed, and one or two others pretty roughly handled. The officers captured all the inmates of the house; being mostly soldiers from the convalescent hospitals. ;They were simply put under bonds to be of future good behaTior.- Mrs. Wells was required to enter 1,01 to answer at Court. . , [Before Mr. Alderman Og ". Breach of Ordiiiaxice. __:Joseph Hopkins was arraigned yesterday morning on the charge - of-broach.of ordinance. He had a• weighing machine upon the aidoicry -nritestnut street, by which any person who 'Chose. weighed. for thesum of one cent. * lty7this method 'of .sultabiffig. a - livelihood he gathered a - con . siderablefiiimber of nickels. He insisted;:however, on putting the apparatus in such a position on-the sidewalk, as to impede pedestrians genertilly. Yes terday morning he was ordered to move a little out of the, way, and for this he was insolent to the officer. While before the magistrate he urged poverty, and made a most ample apology for depart ing from the rules of gentility. The txklerniftni.lield the case under advisement - ' (Before Mr. Alderman Dougherty.) Alore Violation of Ordinances. . - Persons have been very much • annoyed recently. . individuals, who insisted on wheeling,barrows or '.push:eirts - . on the side-walks, `uch to:the danger •of human limbs, and damage to wearing apparel: 'Many complaints have been lodged at the policn office, and instructions were issued to thtofficers to warn all' persons found' offending, and to arrest them if they persisted in the violation of the law. The result, is, that several pirsoes were arraigned before Alderman Dougherty yesterday. Patrick Gar in, for trundling a wheelbarrow,. and E. P. Whit taker, for pushing a two-wheeled cart on the side walk, near Sixth and' Market streets, were fined. Dennis Finney, George Ritzel, and George Hilken, for pushing carts on Second and other streets, were also flned. The last two, named persons were en gaged in pushing.the same vehicle.. It was loaded with - articles for repairing and patching buildings. One of the. defendants considered it a . very hard thing to be"deprived of making a few dollars. He had been warned by' a, police officer ,a number of times, . but seemed to pay ' no heed to it. 'He com • Plata d thatbread-bakers use the sidewalk; and that they Ought all to be arrested. There is a speciallaw allowing the bakers the use of the sidewalks for .a limited period'ently in the morning.,Their carts are • scrupulously clean, and the men wo use them are careful not to stealth treesboxell or break marble steps. - Saturday afternoon, a lady, walking on Wal nut street, nearTifth, had a silk . dreskialmost torn from her person, by a reckless young' man, who was • pushing a - two-wheeled - bariow on' :tht sidewalk. . These arrests, so far, have been made br division po lice officers. ' . ' [Before 11k Alderman Godbow:]-: • - - •tifters. . Francis Wagner' and'rames HenTy-Ar the names of a couple of common-looking men, who'were de tected stealing a pieceof.cloth from a store, at Ninth and Market streets, ou,o6aturday evening.. They were committed to answer.' There seems to be a considerable number of petty thieves prowling about stores, and other places, ready at a moment, to-pilfer anything they can con veniently lay their hands, upon. At a house in the southern section of city where the people had congregated, with intent to go to ,a funeral that was about to start, on Sunday afternoon, "the lady in black" found it t more con veniiiit - to proceed to "the_ story, than to re. mairidown stairs. She wait seen to - enter a room, and While apParently adjusting'heriviinet before the mirror, she observedfthe reflectioAFOf 'a .person looking through the doot 6 ay. - YOf course she took nothing; nor was:•she the leastdisconcerted upon ascertaining that she was watched. A shortlitne since 'a valuable gold watch was supposed to have been taken by- a lady dressed in black, who. had .visited a house of mourning. She was suspected, because, the watch was on a bureau top when she went into the room, and when she retired it had dis appeared. Petty sneak thieves are so desperate now 'a,-days, that even domestic affliction, such as a death in the farnily,will not deter them frompractls ing their mean and despicable profession. • - • [Before Mr. Alderman Welding.] , From Virtue to Vice. .:' , 4lisfia Copland and Susan Murphy were arrested leaf, evening, by... Officers Adams and Tate, on the cui'et, above Ten I ese women - wer.-..riertectarlstree warrant issued by Ald. Welding, upon the oath of the mothers of two quite young girls, who, it is alleged, had been temporarily harbored by the de fendants for improper purposes. The details of the hearing are.positively too shocking..to the feelings of refinement for publication in these columns. The little girls related the experience they had while' in Ihe'poisoned atmosphere of the brothel—how they were enticed there by bad men, and how they were 'treated. The mothers of the erring ones are poor omen, and to their poverty may now be added at unspeakable anguish which cannot fail to ring the kiltl heart, when contemplating the appalling saillibf depravity that was made known • by the thoughtlea" s girls, who,ln - dark temptation's hour, were led froniNirtue to vice. The defendants ' were bound ever to answer at court.. The girls were sent to the Ronie of Refuge. They will be used as witnesses on the day'of , trial. • LEGAL 'lrr-±g,LiaGENdE. . . Supreme Court of Pennsylvarshr. at Nisi Prius—Chief Justice 'Lowrie, r and Jus tices Woodward, Thompson, Strong, and THE COMILON - 001TNCLL'CASE--INJUNOTTON GRANTED - —THE KERR ORGAHIZATION .SHSTAINED. Rerr et, al. vs. Trego et al. - Chief Justice Lowrie . yesterday read the opinion of the court granting the injunction'against the Union organization of Com mon Council. Justice Read delivered a dissenting • opinion. The case is one of such great public in : :tenet that we publish the opinions in full.: 1 " Opininof the court b llowrie, O. J. *On account Of th immense importance pfrthis case to the city 1 - ofP delphia, We 'all consented tesit together at I 1 the hearing of this motion for prelimbiary injunc l ton, hoping.dhat we-might thus bring to a speedy ,terniinaaion this very unpleasant difficulty. We have Pheard. and easefully considered the case, and now .-proceed to pronounce the judgment of the law upon -11,54thuut expressing any opinion upon the merits _hr. deriniritpOf any of the parties to It beyond what 1 'iapeceasary to the decision of the very point of the otioritrcriersy:''We shall neither approve ,nor disap prove here what we have no authority, to judge.- , , :Solite objections were made to some of the minor 1 ; tietails . of the - bill; but we say nothing abdut them„ ,;for.they,may be amended at any time, and4t. is suf -11bleht, on thii motion, that •the main, features of ' , the case are - so fully 'set forth in the - bill . rand afti- Tdavit - as to =justify the motion. It is clearly al leged :and shown that there are two'bodies which claim to be regularly organized as the : : Common • Council of - the city ; and each- is proceeding to act as such; to the great detriment 'of the public lute .rests. This is the 'Nixing that is to be remedied. One mr.the other party must be wrong; they cannot both be reeggular. . 1. Have the Courts authority to redress this I '''wrongl We think they have., All bodies, except • tthe. supreme legislature, are under law, and, there ' • • fore, for all transgressions of law, are subject to the "authority of the judicial power established by the o:institution. The corporation itself is subject to r this - authority, in so far as its , acts are directed by ••••liiiv rthough it is not, and cannot be' o in so far as oft is itself.a , law-making power. • In so far as its ' judgment and discretion are uncontrolled by the law •,of„theOnd, it is free.from the control - of the courts ; 'but in Bo.fat 88 its, acts are directed by law, it isisub vjatto.-tne judicial authority. .lilnnh more, then, are, allite , officeri. guided to "thi s: Authority, and espe ' ciallkihoseuhcrpretend to act as its officers without c .. :right; and as there - eineot be two Common Councils,; one of these bodiekainst be a mere pretender,to the' ;tight:to att an such: ' , , . - rg.,. May.the..*Prongful body be .restrained from act.' - W, means of the equity remedy of injunction? 7„ eithink it may. This remedy extends to all,acts At fare contrary to law and prejudicial to the inter- V t icetoed the community, and for which there is no equate remedy at law, and we can hardly imagine any act that more clearly falls within this darer*. ion, than one that casts so deep a shade of doubt ,-arid Confuoion-on4h4._publia . alfatira_ar_selipfts...thig__ does... In such a case, no remedy is adequate that is not proMpt and rspeedy, and we know of no other 41,Dierly_thatla 10 prompt and speedy as this one. If 4 1t te - erahii) or corporation were •to fall * in o•a n s ' tiF. confusion, a ff ecting all its members and sill , s dreditpr4ve can think of no better-remedy etA n ;than - thiefor - eta ' the confusion that would be '''c'atuied' by t‘Vottpd - teparties; pretending to act as the society. It is, the , very, remedy usually adopted 'Oben claire-bee diVide into parties, and we applied it iinithree. such cases in the last year. Therein we de lijdded directly on rights of property, because that be came aim of the dispute. Here we must decide -on the right to public functions, because that is here ' , life purpose of the dispute. • The, main question in 'lan such•cases is regularity dispute. - organization,g and the "light , to fUnctionsand property hi a mere conse tquence of thil. • ' • -: - B. , May one of the conflicting bodies, or the mem -Vera of it, , -Maintain this action against the other? - We think they May. This could not be doubted in relation to private corporations and partnerships. -But it is argued that, in• relation to public corpora tions; the Attorney General alone can file such - a bill. We do" notthink so. It Is right for those to whom public functions are entrusted to "for that they are not usurped by others. Either, of these bodies ;has the right to demand of the courts that it:and the interests of the public alleged to be committed to. it, "'hall be protected against the usurpations , of the other: We decided a similar principle in Mott vs. The Railroad, 6 Casey 9, and we need say no more . about it now.• , . • • . - • The case is s r thereforei regularly before us , and we proceed to the consideration of it, premisng that there's no material fact in dispute,' and 'that we -have no' authority to decide directly upon the va lidity of the. election of any one.'of the claiming 4. ~ I n all oases of this kind, A least in all bodies 'that are under law, the law is that, where - there has been an authorized eleetion for the office in contra ' •versy, the certificate - of election, which is sanctioned :by law or -usage, is the prima facts written title to the office, arid Can be setaside only by a contest in the forma prescribed bk JAW. Thisia not now dis puted. , ~.. . ~ • No doubt this gives • great power to dishonest • election officers; but we know no remedy for this but by the choice of honest men. When.party fealty is a higher qualification than honesty and competence, we must expect fraud and force to rule, and a man must be an Ajax or a Ulysses to be qualified for' office. • , E:AL • ' - . 7 : • 6. On the division of a body that ought to be a , unit, the teat of which represents m the legitimate social succession is, which of them heir aintained ' the regular forins of organization according tether law s and usages of the body, or, in the absence of these, according to the laws, customs, and usages of similar bodies in like cases, or in analogy to them. This is the unifornitule in such cases. It is always THRFIE CENTS. applied in the case of church divisions, and was so ' applied by us three times last year in the church cases already alluded to. The courts can never apply it to• divisions in the Supreme Legislature, because that body le subject to no judicial authority, and cannot be. They, too, ought to adhere to this rule, for order and regularity are always worthy of respect; and especially eo in cases where' there is no authority that can enforce their claims. But we need not dwell on this point, for it is admitted that this rule is the test o 4 legitimate organization; 6. Judged by this rule, was the Kerr body legiti mately organized'? We think it was. The undis puted facto are that there were twenty-three mem bers, including the President, last elected ) whose terma'had yet a year to nan; that the clerk and as anent. clerk were still is offiee, having been elected under a yet existing ordinance of 6th May, 11366, s. that declaresthat they shall continue in office until the organization of a new Common Council, and until their auesessors shill be duly elected; that on the day, and at the hour appointed by.law for the organi zation of the new Council for this year, the President add clerks eleetiad last year were- in their usual. places, and then and there proceeded first to 'call the roll Of all the members whose terms of office had not yet expired, and then to call on the'llew members- to I present their certificates of election, that their names might be enrolled. It seems strange to usthat any ' one - should doubt the strict regularity of this pro c ineed It has g. the sanitien of the common usage of. every 'public body intO.iirlifeh only. a portiop of new mem bers is annually infused, It is the periodical form. of reorganizing the Select Council and the Senate of the State, and .alliolthe forM of organizing the Senate of the United States on the meeting of a new Congress, whenthe Vice President does notlappear, And.the last'Prenident pro tem. does ; and we under stand this custom to..be uniform throughout the United States .though this is not very important. Anti wheal there is no president whose time as s member has not expired, then the functions of the clerks continue, and - they, 'in: all cases, act as the organs of reorganization of the body, and continue to hold office untiltheir successors are chosen and qualified. Our State and Federal Houses of Repre sentatives are illustration enough of this. :So uni versal Millis mode of organizing all sorts of legista and" municipal bodies, that all departures from it ean•bejustified only as founded-.on special and lie: mbar images or on positive legislation. Whenever this form is adhered to a schism of the bodybeeonies •impossible, though the process of complete organiza tion may be very tardy.. This. Council has existed only one year in its-present form; and therefore is .without any binding usage of its own on this matter. -I.tn all cases Where part of the public body.remains, andisin-tpi.f.osby thereception of now mem bers, it remains as an • organized form it receives the new meintiere, - xn then proceeds to the eleotion.of new officers, if any are then to be elected. The old -nueleudis not die- Solved by the incoming elements, but theae are added to it, and theirthe whole body proceeds to the exer else of .all its functions. . 'T. It is objected that a rule that attributes so much power to the officers of the previous year, gives them 'an advantage:, which they may use arbitrarily and fraudulently against the new members, 30 as.to se cure to themselves an illegitimate majority.. No doubt this may be so; but no law can guard:againat such frauds so as to entirely prevent them; j ust as it cannot entirely prevent stealing and peijury, and bribery:. The people are liable to such frauds at every step in the processels of an election and, or ganization. But so much the more need for order and law in this part of the process. The law can dictate that, though it cannot furnish honesty and sound judgment - to the actors in it. That the law . and order which we have announced has existed so long and so generally is proof, at least, that it is better than no law at all. 8. Was the Trego body regularly organiiedl Be cause both cannot be regular and the other is ,• this, of course; cannot be so. But fact appears clearly and positively that it was not regularly organized. As the regular officer was proceeding to organize, some one moved, with a loud voice, that Isaac Sul- • ger aleaillld act as clerk ' • and the same voice put the 'vote, and it was carried by those who liked the mo tion, and Isaac Sulger proceeded, as temporary clerk, to organize the party to which he belonged, all the other members treating this proceeding as disorder ly. And so it was ; and in such matters, the race is -not to the swift, nor the battle to the strong or loud voiced, but to the orderly. The proceeding was Op posed to their own written law with regard to the clerks, and to common usage otherwise, as we have already explained. • This is so much like the disorders that occurred in . the Rouse - of Representatives in 1838, and that pro duced a dangerous schism there that lasted several weeks, that it hardly needs an opinion frommi to condemn it. • The disorderly body, in that case, was _dissolved by. the force of public opinion, and the members returned and took their places in therepi.-. lar body, which, by their' own fault; they hid no hand in organizing. We allude to the merits of that ease only in so fares they'relate' to the order of the proceeding, which is the point here. • 9. It is objected that the plaintiffs have no equity to support this motion; b'eoause, as defendants be lieve, they intendeerto.use their power fraudulently, so as to admit-persons not' eleete.d, and to exclude some thatwere ; and the principal evidence of this purpose is, that the clerk had procured printed slips containing a list of all the members, including the disputed members of the Kerr side, and exoluding" one on the other:side who had been, it is. said, wrongfully removed. We cannot say that all this is a bar to the motion, for the right to it does not depend upon-the merits of-the nominal parties to this suit, but on the right of the public to have their . regular organization protected; so that public busi ness may proceed with security. and certainty. Moreover, we cannot condemn the course of the clerk. We suppose it is not unusual for the clerk to piepare such lists for such an occasion; and we cannot say that there was any fraud in them, Without deciding upon the election of some of the :members, which isbeyond our authority in this pro ceeding.. . • Possibly the result of this view,ot the law will be that the Kerr body will make an unfair use of their power in the reception of the other members, as it has been suggested, for each party charges the other -with having admitted members that were not duly elected, and learned counsel here have not denied ' this: But we know of no cure. for this but by the -imrikovement-of our. human nature; this court can not' prevent it without an unauthorized interference ,with, and - direction of, the organization of- the body. 'We must trust them where the law trusta Ahem. We declare which body has proceeded-in regular forni, and having done ,so, we may not say how it shall ac t afterwards. It- has a law directing that. 1- I rk-need not even 8ay . t3 ,.... w far the act of:-organiza tion nairproceeueu---1- . carried on, and no irregular body can be allowed to interfere with it at any stage of its work. And we can see no proprietyin our interfering to save those who have initiated an abortive revolu tion, from the temporary loss of- power which may possibly result from their defeat.,lt may be - that they have passed the time for cotesting disputed seats, but we cannot help that ; we did not make .their election law, and we cannot alter it, and equity _can hear no one who alleges his own wrong as a ground of relief. And it is not possible for us to im pose terms wisely without trying ourselves all the disputed seats, which, as we _have said, we cannot do. If there was before us a yet undetermined q_ues tion; the determination of which might change the result and restore the other party, we would impose terms for speeding the trial of that question, as we 'did last fall in the sheriff's case. But there is no , such question in reserve here. The efficiency of our `action is in the declaration that the Trego organiia tion is without right, and the granting of the injuno ' tion is little more than the form of putting this de claration on the record. The preliminary injunction is granted as prayed for. DISSENTING OPINION OP JUDGE READ Supreme Court for the Eastern District. Nisi Prins. Bill in Equity. Sur motion for special in junction. Kerr; et al:, vs. Trego, et, al. READ J.•--B.ly brethren have decided that this court, sitting as a court of equity, ha's 'jurisdiction of the case before us, and I stall, therefore, assume this as settled without expressing auyepinion which I may have entertained on the' subject' But, con ceding this point, I shall carry its jurisdiction and .power much, further, and treat the.whole case in a manner which I bon ceive to be more consonant with the principles and 'doctrines of a court of chanCery in dealing, with the present question. The. Common Council of 1862 consisted of forty eight members, and the term of one-half of them ex pired in January, 1863. On the 31st of December, 1862, a majority of this body removed• or expelled one of their number, Thomas J. Duffield, whose term of office did :not expire -until January, 1864. This reduced the number of members holding over to tWenty-three. Twenty-four persons had been ele . ctehin October; 1862,-in the place of those Whose term' had been for one year. The legal number of :Common Councilmen (supposing" ing " Mr. Duffield to have been removed), therefore, on the first of 'January, 1862, was forty-seven, And it fe- Feired twenty-five members to form a quordmi . • In. the , Twenty-third ward the number of taxa s, according to the list, did not entitle it than ad ditional member, but-the extra, assessment. gave it - the requisite number; - Both parties nominated can didates, and John. Shalleros ,s laving a 'majority of twelve votes, , received from the - judges a certificate of election. There was no proclamation of the Sheriff stating that this ward;was. entitled to elect a Com mon Councilman in,October last. • I am of opinion that Kr. Shalicross`was not entitled to a seat* the Common Council.- • • -••-• • • In ,September, 1862; Charles Doughertk; one, of the assessors of the Fifth ward,' after the assess ment of all the taxable, inhabitants had been made, added'to the alphabetical list of the taxableril: the second election division of the said ward, Which, with the nanies,bccupations and residences of the same, was required, by law to be returned to the City Commissioners, With the assessment book, to be' used for election purposes,' 107 'mimes of persons kriciwn by him.not to hhe -taxables'in or of the said ward, and known by; him to he .names - ofr ficti tious persona, and .persons having no residence or Propeity. the , Fifth ward. His object was two fold :•first, to ,procure for the waid an additionel member' in the City Councihi ; sesondlir,rtn make' persons not qualified' to vote ward, to vote therein, at the general election October. last. On the 11th of. Septeniber the grand jury. found.. tine bill against . Mr. Dougherty,,and 'he _wasj'tried'aii l' Convicted On the 16th of the saineizionth, and on the '4th of October the'court sentenced hint to pip a fine of onehunelred dollars and undergo. : an. imprison. n,:tentilti se; tirliti . or zolitary confinement, at labor • • • I b lAlre V i t h t , v elaUt i aMitgEt i al Orle year,• 0 6 treated as the law directs, to pay the costs of •prose .cution, and stand committed until the judgment is fully:complied with. His co-assessor, under the directiOn: of the Court of Common Pleas, corrected the - return so made, whereby it appeared that Fifth ward was not en titled to a member of Common Council, and the sheriff (Dlr. EiVing) did, in his proclamation, so in form the qualified voters of the Ward: Both parties had nominated candidates who withdrew upon the fact being.thus conclusively established ; that no per son could legallybe voted or in that ward as a Com mon Councilman. Notwithstanding: the publicity and notoriety of these fasts, a, gentleman named William Meeser, with ' a design to intrude himself Into a body *here he had no right to present him 'self, procured five ballots to be' cast for him, and the judges of the Fifth ward, in open violation of 'all law, and of their oaths.of office, gave him - a certifi cate of election, stating that he had received all the votes (five) cast for that office. Five whole votes out of nearly four thousand taxables ! A more out rageous fraud never was committed upon the elective franchise, and its perpetrators deserve to' occupy apartiaents near to the convicted assessor. Throwing out,, therefore, these .two extraneous members, the number of the Common Council was the same as in 1661. • . Of the members holding over, thirteen belonged to the Kerr branch, and ten, without Mr. ffi Dueld, and eleven, counting him, to the Trego branch. Of the new members , ten only of the Kerr branch held legal certificates. Of the Trego branch, fourteen held le gal certificates, and the relative numbers, therefore, were twenty-four in the Trego branch, leaving out M r . Duffield, and twenty4ive.with him, to twenty: three in the Kerr branch. Of the Trego branch Charles Thomson Jones held a certificate signed by slx of the judges—a majority ; whilst James Greenwood held, a certificate signed by only' four judgel—a minority. Prima facie, Mr. Jones was entitled to his seat, and should have been so put on the printed list of , the 'clerk. By the ori .ginal return of the votes for Common Council it ap pears that James Greenwood received 1,099 votes, Charles T. Jones 1234, and James W. Greenwood 147, all of the latter being caat.in the Fifth division. The Declaration of Independence, with fifty-six signers, has only three 3vith middle namea, and the Articles of Confederation haye only two, whilst in the House of Representatives of this State there are sixty members with; three names. Where the last name is a very common one, as Smith, persons, in order to distinguish themselves from others with the same Christian name, have adopted sometimes a middle name, and some instanoes only a letter. Among the forty-one nanieiof the plaintiff's and de fendants to the bill, twenty-seven have three names and one hawfour names. It is impossible, therefore, to say, at the present day, that a middle name is nothing, If any person - bad spoken of the late 101- TILE WAR PRESS. (PUBLISHED WEEKLY.) Vast 'WAR Passe will be sent to subscribers by • mail (per arm= in advance) at 3 2.00 . . •iFive " " 9.00 *Ten " " " -17.00 Twenty Copies" .. 32.00 • Larger Clubs than Twenty will be charged at the •same rate. 91.60 per copy. The money must ahem's tocompany the order, and in no instance can these terms be deviated from. 4 8 them adrord very little more than the coat of the paper. Arai Postmasters ere requeeted to set els Agents for Tna WAR Pam. ' To the getter-up of a Club of ten or twenty, Bn extra copy of the Paper will be given. I vented Judge John R. Kane as John Kane; wane would have known who was meant. ' 1 7 End four James Greenworehi in the Directory of 1861% but the residence would designate the indi vidual, and if I did not believe that the voteercaat for Jaines W. 'Greenwood were intended, not for James Greenwood, but for an entirely different per son, I celtlainly would not - Claim a seat to which I was not legally elected, although holding the prima facie evideoce of title which) the other members of the body were - bound to recognize. John R. McCurdy was declared to be duly elected to the Common Council from the Twenty-fourth ward; and received.a certiecateof hie election from all the judges of that ward, as did K. Spencer Mil ler of his election ae Select Councilman from the• same ward. Five of the same judgeagave a certifi cate to Isaac Leech, that lie had been elected to the Common Council, andito Philip Lowry that he had been elected to the Select Cosnoil. TiTpon proceed ings instituted on the equity tide of the Court of Common Pleas, by E. Spencer Miller, against the said Philip Lowry, he was enjoised•from using his . fraudulent certificate, and upon- an actual count of the boxes, it appeared that Mr. Miller had' a• clear majority of twelve; and as Leech badnomore votes. I than Lowry, and McCurdyhad by the official return_ ! received twenty-eight more votes than Mr. Miller, %there is no doubt that McCurdy not only had the legal certificate, but also by thirofficial return was the duly-elected member. The Kerr branch had therefore legally only thir teen members holding over, and without Ml'. Green wood making twenty-four, and of course not a quo rum of the body, and therefore-it- could not orga nize nor elect a president, nor a clerk, or any. other officer, or transact any business whatever. The President, Mr. Kerr, had no authority, to. call the Council to order ; if it devolved on any one, it did upon the clerk. The clerkhad printedlista, printed . of course by his direction; containing the names of William Meeser,• -Isaac Leech, and James Green 4hod, showing [that he:intended td call these- Lodi viduala, and that there was a deliberately formed intention on his part, sworn officer, in conjunction with' those three persons and the members of the Rerr branch, to admit them at all events as legal members of the Common Council. This intention was fully carried out as we find from the bill filed, and the exhibits and affidavits accompanying it. -• In this point of view, believing.that under no cir `etiiiistances whatever wore- Messrs. Meeser and -.Leech entitled to seats in' the Common Council, I Amok opinion not only that they are not members in any sense, but that they, the clerks of the Com mon ' Council and their associates, have eommitted a very grave Crime, for which they arc-responStble to 'a en. minal tribunal. A court of equity has a large discretionary power .ting, a preliminary. injunction,.which is al injustice, • pa •rtit • • • a manner as to prevent any e:mu tereet independent of the mere partner. a in ' -• For instance, if the' Kerr branch is recognized' as regularly , organized on the 6th of January instant, - .the time has expired for presenting any complaint of an undue election, or a false return, and the-voters of the wards • interested are entirely deprived of a remedy to . which they were legally entitled; or if Petitions have been presented, they have been re ferred to eleven members of one political party, which is equivalent to a final decision without any trial at all. These evils, of a most vital character to our freecgovernmenti based as it is upon the true expression of the popular will, by its legitimate organ, the ballot-box, I had hoped would have been provided for, and prevented by the terms of the in junction, and I can only express my deep regret that such is not the case. It will be perceived by whet I have said that I re gard both alleged organizations as fatally defective, and that I have conceived it to be clearly not only within the power, but also the duty, of a court of equity, when applied to by a body claiming to be regular, to ascertain whether its claims are well or ill-founded. Suppose, for instance, that ten wards, under similar circumstances with the Fifth ward, and exactly in the same way and with the same number of votes, amounting. altogether to fifty, had elected ten members, who had been receivedinto an. organization of the Common Council, claiming to be regular, and asking for the interposition of this • court, would it be possible to: ask this tribunal to shut their eyes to the facts and to close up all investi gation because they had been organized-by the clerk of the last yearl Andyet this is the. present case, only increased in magnitude, for the principle is ex actly the - same. If the present experiment succeeds, we shall have it tried on a large.scalethis fall. At the October election somebody or other pro vided an extra member, to bensed.in case of neces sity. It, however, was thought also necessary to expel or remove, one of the members holding.over, and - this was done first without any notice, and se condly, after a bearing and &report , of &committee; atithe last meeting of the Councils, on the last day of the year; he was removed or expelled by a mejo 'rity of votes. I shall not express an opinion at this time further than to say; that supposing it to be-the law (which I do not concede), that holding an office 'tinder the United. States was incompatible - with membership in the Common Counoil, the report of the committee did not convince me that he did hold any such office, but `that he was - employed pretty much in the. same manner as. hundreds and thou sands of others were, in working for the Govern ment, without its - ever - being suspected - that they • were elevated into the rank of officers of the United States. The subsequent transactions we have al ready seen, and I must confess , . as . a native born oitizen of.t his great city, in which I have passed my whole life; I have felt a deep sense of shame at the disgrace brought upon us by the late scenes fn Inde pendence Hall. • This dispute could be settled at once by both sides looking at the real truth, and arranging it upon the only true basis of who (disregarding all forms) are the real members of the body. All honest men must agree that this is the only fair mode, and I trust that the bar of Philadelphia will have its high. character sustained by the able counsel of the parties to the proceeding so advising their.dients. My brethren sat with me at Nisi Prius, to hear this case, and the decree of the court is that pro nounced by the Chief Justice. THE BROAD-STREET RAILWAY CASE. • Last week, the court, in granting the injunction against the Navy Yard, Broad-street,.and Fairmount Railway, stated that the opinion of the court would be reduced to writing, and delivered at an early day. Yesterday the Chief Justice read the promised opi nion. -.lt is too extended for our already crowded columns, and we are obliged to present a mere sy nopsis.of its points. It decides 1. That the act incorporating the company never granted the right to construct a road with three rails so that it might be used both by the common street - eare - ena-the_common railroad cars, which diffeevery - -- eraaile in weight alio mze - and gauge. 2. It - is - to - tie constructeerm •ways are now constructedin the city of Philadel phia, and there is not a single railway or railroad in Philadelphia that has such a nature. 3. It is to be a railway, and in our legislation that term' is usually applied to what are known as city passenger railways merely, while railroad is the term usually applied to the older and largeritoads that ' accommodate the trade and travel of the country generally. • • • 4. The same. indicates a railway from the navy • yard to Fairmount,' and by that route there can be no use for any other than the ordinary city passen • ger railway; and that being the route in the mind of the Legislature, no other kind can reasonably be supposed-to have been intended by the act ; and the extensions Which it allows Cannot be supposed to be different in character from the main line. • 5. The company is allowed all the %privileges that Jere now or hereafter maybe extended to any other . railwaypcimpanytf:but it ianot shown that any rail : railroad company has any. Privilege to do any-ofthe acts complained of against this company. .6.. If-they,are to have all the .privileges of any ilifi rrrini. company, then they may carry . freight as Vvellespassmigkra, and use steam: power as well as horsepower, anal alt of 23d April, 1861, lease and' • iii • the State that • may be connected or indirectly with theirs, none of - whose privileges are compatible with their - charter. "The acrof 20a 'April does not apply to city They areairtileilied r also •uto connect with and run over any other railroad in the city of Philadel phia," but this Is impossible; for the cars of a paa -senger railway with a 'gunge 6 feet.2.•inches cannot run over a ra il road with's guage of 4 feet .43 inches, and therefore the word railroad is, here used, with a very naturalaarelessness, for rally*. 8. There Is no word in the defendants' chatter that authorizes them to construct any railway or railroad, or any part of one, along Girard avenue, or from that street iup lioward street, Sto., to the New York depot, and therefore all their acts in doing eo are contrary to law.. Injunction granted. The proceedings of the other courts are crowded out. ' • . PERSONAL -- At the Union Society in . Cambridge College, England, there was, recently a. public debate ion .P.merican affairs, in ivhich a son of Lord John Rus sell and a Mi.' Trevelyan spoke against the Union cause and in support of the reheilion. A son 'of Ed ward Everett, who is a student at Cambridge, fol lowed in defence of- his country . and Government, Mid an English clergyman, ",*he participated_ in the debate, writes i "After hiut 'got up young Everett, (Edward Everett's . son,) jvho,• by the by,. is con eidered one of the moat distinguished men, in. Cam bridge, the Wkole house against Mtn, but cool and perfectly collected. He Wok Trevelyan's speecls. to pieces, point by point, used him up bit by bit, till the whole house was slowly turned in his favor, and he had it all his own way. it watka great success, and marks' him as - one, that will surely distinguish him self sooner or later. He 'will take his degree in January, andwill then, r think, cometo , America. Look out for him." ' , The Princess of Wales is to.recelvea dowry of one...htindred 'thousand rix dollari from Denritark. She ivill 'arrive in England early in; Muck, ad • make her residence immediately at:'Windsor Cagle. Oftletifli. announced to" be the .9,tteen'a. inten tion that, shortly 'after the 'marriage, ,the•Ptliarei and Princess shall hold,in; her Majesty's-'nameOideve fling reception at St. ',HtmestiPalace, atisthlik the ladies-and gentlemen invited; bx,4l,ut Lord. Chamber tunity- of offering their congratulations. . —lt is related of Gential Roueseam that at' the battle of Stone river, while the 38t10Kadlaiiii were lying down in •line of battle (lurk% the : *Ada" fight, expecting the enemy makes charge on , that part of the line, Geniral Rousseau passed aldng the line. Captain Carter, of dorallany S,. sprang to his feet to salute the General, who, said! to Captain Q : "Lie down, lie down; it is 'enough for generalist° be 'expbted., You should not unnecessarily put self. in ;view of the enemy." . This. incident - 18.4a keeping witli the almost reckless. disregard for ihis personal safety which is evinced by the : gallant Rousseau. . . -`A large number of ladies in• Milan have drawn up a formal 'Protest against the presentation to the Empress of the French, by a number Of other Mi lanese ladies, of a group in marble, by Vela,.in re cognition'of the aid rendered by France toataly in the War of 1869. The commission for this work was given to the sculptor just after the battle of Magenta. s At that time no 'one dreamt of the peace of Villa franca, or imagined that the French "idea' , meant Savoy and Nice. Sir H.T.. Bulwer recently paid a visit to Suez, and on his return to Cairo, left by e, river steamer, placed. at 'his disposal by the Paella, on a visit to Thebes and the Cataracts. Rumor says that the object of his visit into inspect the several consular establishments; but it is believed, in addition, to have zeference to the state of the works of the Suez Canal. Count Gabriel Nagai, the Pope's oldest .bro ther, aged eighty-four, is dingeroualy ill at Siniga glia, and there is little hope of his recovery. President Stearns, of Amherst College, has been chosen by the Massachusetts Legislature to preach the election sermon. • It is stated that the Hon. - Richard Monckton Manes, a distinguished member or the British Par liament, intends shortly to visit the United States. =John Anderson, a fugitive slave, whose case excited so much interest some time since, in to leave England for Liberia, to settle. The goislp of Paris says that M. Thiers is aboit to come forward as a candidate for a seat is the Corps Legislatif, and that he handetermined to speak upon three delicate subjects—the Roman question ; free trade, and nit (Ord rs of Bleak°.
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