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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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°.