The Pittsburgh gazette. (Pittsburgh, Pa.) 1866-1877, April 13, 1869, Image 1

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Proc edings of the Ligislatnre
—F Adihninment Hese
lut on Finally Adopted—
_ Ge: oral Bill Allowing Inter
est .4 Parties toltestify Passed
by oth Houses—The Registry
Bill Goes tO a' Conference
;By Telegraph to the Ilttebur4easette.l
Tf.4. o 44uintrint, April 12,1869. -
Mr. GRAHAM introduced bills incor
porating the Sharpsburg, New Castle
and Butler Railroad Company; author's
-1m Councils of Allegheny City to our.
chase the right of any, or ' all chartered
road companies, whose'rnads are wholly
-cm partly in the corixivate limits of said
Both of Mr. Graham's bllls , just intro
duced, passed 1112a117.
't`oliturtrlza nuw.t.uo.
The bill from the House. authorhiing
the Griernor to offer two thousand dor
lara.`reirard for the recapture of the Broad
head murderers, passed.
rwrzarsinn PASTIES . TO TESTIFY.
The Conference Committee on the bill
allowing interested parties totestify . in
certain counties reported in favor of a
general bill, and the report was adoptedl.
The Senate mon-isonourred in the House
.amendments to the Registry bill and
Apfoidritea. Messrs. Errett,LCorinell arid
,Davis as a Conference Committee„ I
Mr•ad the e
h ' Westmor
laud Agricultural. bill re-committed to
the Judiciary Committee -for elaridna-
Lion as to the power of Courts over the
meso - sto BANK sobrsvr.
Mr. MORGAN. called up the. Senate
hill incorporating the Masonic' Deposit
and Savings Bank of. Pittsburgh, Which:
was opposed by Mr. Brown, of Clarion,
and favored by Messrs. Wilson and Mor
gan, and passed finally.
Mr. WILSON presented;a remonstrance
trout Pittsburgh against the bill for the
removal of the dead from the First Pres
byterian Church paid . .
Mr" MILLEB , a i r emonitriticeliroin
Braddocks borough against . a prohibi.
tory liquor law for said borough.
Mr. WILSON reported from the Ways
and Means Committee, affirmatively, the
joint resolution from the Senate for final
adjournment next Fnday. ' -
Several ineffectutd attempts were made,
to call up this bill.
Mr. WEBB introduced a bill requiring
a majority 'of the directors of corpora
tions fora quorum. Passed.
Mr. FOY introduced a bill authorizing
mechanics, joitrpeymen and, laboreri io
lona societies for their ibutuill: aid,
benefit and protection.
Mr. CLARK, of Warren, introduced a
bill extending the three hundred dollar
exemption law to life estates. Passed.
The Philadelphia Police bill passed.
In the ; evening the special .order was
the blll from the Senate allowing inter
ested parties to testify.
Messrp. Niles, Brown, of Huntingdon,
Rogers and Hunter favored its passage.
It was opposed by Messrs. McCullough,
Pla.yford, Beans and McMiller.
Mr. WILSON, of Allegheny, support
ed it in a lengthy speech.
The bill passed a second reading—yeas
54, nays 35.
The bill regulating licenses in Alleghe
ny county, granting the District Attor
ney llve dollars fee for each case in which
he appears before the board, will doubt
leas not pass, the feeling of the Alleghe
ny delegation being against it. It was
introduced only tbrongh courtesy to.the
District Attorney.
• _Evening session.—Mr. STRANG called
up the Senate bill' authorizing railroad
mid "canal "companies to aid in the devel
opment of coal, iron, lumber and other
, material- interests- by - the . purchase of
otecivand bonds and guitrantee of prin
cipal and interest.
Mr. DUNCAN moved. an amendment
ozempting oil operations, from the pro
visions of the bill. Disagreed to.
' The bill then passed second reading.
• ' latirsr. ADJOURNMENT.
_ .
Mr. 7 PLAYFORDeaIIed up fi le Satiate
joint resolution for
S eal adjournment
nest Friday. ' Ponca finally.
coxrEnswez REPORT.
'rho 4::konfiran eetomniitteir reported in
favor of a general bill allowing lhterest
.ed psulles to testify. Adopted.
Thus liming Weir :adopted 'by both
Houses, the bill goes to the Governor for
• inir 4 14019 . ; : •
__The bill granting pensions to James
"Thompeonand Daniel - Bolivar, - soldiers
of 1812, residing in - Fayette, Passed the
Thi l yEfonse - passed the general tax bill.
Elevating Business at Buffalo.
/Jg Telegiaph to'the Pittsburgh ilsestle.
- BMPPIio, April a meeting of
the Western Elevating Company this af
iPirnOon. which was fully attended. two
Propolitions were :discussed, the first to
dissove the present Association, se and
to reduce the rates of elevating to one
half oentper.bnshel. Both points were
fully direuased, and the prevailing Gantt.
tient was that elevating can be done
more cheaply by an Association than by
individuals, and the feeling was general,
that the proper course to pursue is to re
duce the rates to;one•balf cent per bust:L
td. The meeting adjourned to meet on
Thursday for a decision of the pointed's-
Altaaed. I •
EBy Telegraph to the Pittsburgh Gazatte.y
Wahrurreprox, Aprlll2; 1869
The Senate met at neon, Mr. Anthony
presiding. Messrs-Hamlin and Ctiaseriy
'were appointed a *committee to inform
the President that the Senate was ready
for business.
An order was adopted to meet at twelve
o'clock. • „ .
The standing committees continue as at
the last session. 1 _ • ' •
. The Senate then" went into xedative
After about two hours .spent in Execu
tive session, the door were reopened and
Mr.,HAMLIN, from the' Committee
pointed to wait on the Preiident re
ported they had,.
performed' their
and the President replied he Would nand
in a communication immediately I
others as occasion might require.
A number of nominations were
received - and the doors again closed.
*late adjourned at .ftjf O'clock. ; •
Propeller for Cuban Insurgent--Ger.
mans and the Excise. Law—The Cuban
Junta=--Sult Against the Erie Railroad
(By Telegraphto the Plttaburgit 6autte.l
NEw Yom r, April 12, 1869.
The Post says it is reported that a fast
sailing proPeller, of about seven hun
dred tons, left this port, a few days ago
to aid the Cuban: insurienta. It is said
that after she left port a number of guns
were put on board. She took out one
hundred and twenty men, nearly all of
them Americans.
A mass meeting of Germans was held
at the Stadt Theatre, yesterday, for the
purpoefeof giving expression to the Ger
man sentiment in regard to the proposed
amendments to the excise law. About
two thousand five hundred persons were
present._ Also *representatives of the
various clubs or ikocieties, numbering at
least forty-Sve thousand voters. The
meeting was addressed by Mr. Allen
bottrg, formerly Charge D'Affairs :to
Mexico, and Mr. Goss.
Fourteen cases of Martel brandy, said
to have been landed by one of the Liver
pool steamers that sailed - Saturday, was
salvia from a store on South street on
Saturday evening by the Revenue officers.
- Henry Arcularions, formerly a promi
nent Democratic politician of this city,
• led suddenly at the Park Hotel.
Deputy Sheriff Moran pieadedi guilty
of permitting the escape of King, the
bond robber, and will be sentenced to
The Cuban Junta held a meeting at
St. Julien Hotel to-day, to hear the re
port of Senor Pirest, who has lust re
turned from Washington. The report
and proceedings of the Junta were kept
secret, but it la intimated - a strong ex•
pedition id aid of •the Cuban r•eyolution
ists has set sail from a Sotitheiwport,
under the commltnd :of a distinguished
American officer.
In the United States Circuit Court.suit
was brougb.t by •Jno. and Anna•
Sperry, of Connecticut, asrainst the Erie
Railroad to recover the amount of and
dividends on sixty-form shares preferred
stock purchased by them, and to compel
the saidOomnany to make a statement
of its financial , affairs..
Both branches of the City Council to
day adopted resolutions expressing sym
pathy with the Cuban pirriots.
Suit has been brought in the Supreme
Court for the purpose of confirming the
American Merchants Union Express
Company In. the Ilse of property_ trans
ferred to It by the Merchants Union Ex
press - Company. .
•The Imperialist, a sreekly_jOurnal, re
cently started here, is about to collapse.
Singular Suicide—lllinois Legislature—
. Snow Storm.
'LBY Telegraph to the Pittsburgh Gazette.)
Cameo°, Aprill2.—A somewhat noted
character, named E. L. Oatman, com
mitted suicide last night or this morning,
in a basement saloon on' the Corner of
Indiana and Clark streets, in a peculiar
mannerr~. He was discovered at about
nine o'clock this morning lying on his
back on a table in the saloon, directly
under 'a common gas'chandelidr, from
one of the burners of which a. rubber
tube extended into his mouth. Under
his head was a cigar, and over his face
was spread a coat, probably to prevent
the escape of gas from his month. When
discovered he was apparently dead, al
though it is asserted that during the sit-
Him of the coroner's jury, which was
called immediately after the body was
discovered, there were/ signs of life, but
no attempt was made to resuscitate him.
There seems to be no doubt that the
man committed suicide in the manner
The Legislature of this State will re
assemble at Springfield, on Wednesday
nest, the 14th instant, after a recess of
_nearly five weeks. It is not anticipated
that any new business will be inaugura
ted, but simply on bills which Governor
-Palmer has.vetoed.
SnoW fell at Ottoiva, Il inois , nine
miles southwest of this city, to the depth
of four' inches, this morning. It also
snowed at Springfield,. Illinois, yester,
day, and this morning quite a large
quantity was falling, but melting as it
felL It hai been very win here during,
the dtky , and now looks as if there might
be a all of 'snow, and perhaps a heavy
Indiana AAO da' e—The Democratic
Bolteract Down.
tBY Telegraph to the lttaturgt Gazette.]
DiDIA.WAVOLIg. April 12.—The bolting
Members of the House appeared this at
ternoon , and were sworn in, and the
Rouse completed their organization, by
a resolution continuing 'the oflicers - and'
employes of the regular session. After'
the passage of the resolution, Speaker
Stanton tendered his resignation as
Speaker of the Rouse, and Hon. Geo. A.
Buskirk, Republican, of MOnree,'county,
was elected Speaker. On motion of Mr.
Pierce, Republicanipf ` Porter; eopoth fr
resolution was adopted:postponing action
on the Fifteenth Amendment until Tues-,_
day. 12th of. May. • - -
the Senate there was no i quornm"
until after the hasestge of the resolution in
the Rouse, postponing action on:the
amendment question, w en , the -Demo
cratic members appeared and were ghat
teed, and the regular besii of the yes
sion*as comnienced. tur
, .
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111•, - The Supreme Court of the United
States to-day disposed of the case of
- Wm. A. McArdle, the Mississippi editor,
who was arrested, tried and sentenced to
imprisonment by military authority
several years ago, on a charge of writing
and publishing seditious- articles in his
• newspaper. He had appealed from the
Circtilt Court of the United States for the
Southern District of Mississippi, which
had denied the writ of habeas corpus.
. Chief Justice Chase delivered the opin
ion of the Court, dismissing the appeal
for want of jurisdiction.
The eases of the United States, appel
lants, vs. Albert L. Mowry, Samuel J.
Morgan, Jonathan P. Burton, Oliver H.
Gleffroy, and Benjamin Higdon, appeals
;,from the Court of Claims, were also dis
posed of. The facts are briefly these: In
1881 the - parties above named severally
"supplied tne Departnient of the Missouri
with mortar and tug boats, railroad cars,
itorses, &e., Geneial Fremont was at
'that time in command of the Depart
, mesit, an& Mcßinetry was acting as
Quartermaster. The charge of `fraud
having been, raised,: the Secretary of War
suspended the Contracts, and a Board,
underi a resolution of Congress, was
appointed to- investigate the claims.
The . parties submitted their claims
tb the Board, which awarded certain
arnontits,_for which they receipted, under
protest, . They afterwards severally
brought suit in the Court of Clain*
which allowed them the remainder of the
monmelainied under the contracts. Tho
Supreme Court holds these parties, hav
ing voluntarily come before the Board
and reeelpted for the sums allowed, were.
estopped from further claims. It was
not designed ny the Government that pro
ceedings should be commenced in one
tribunal and ended in another. For these
and other reasons the Court, Justice-Nel
-1 son delivering the opinion, reversed, the
decision of the Court of Claims, and re
manded the. causes, with directions to
enter a decree
the petitions.
In the case of the steamboat Belfast,•
B. C. Nelson, et. of. claimants in error,
vs. Boon & Co., et. al l , in error to Su
preme Court of Alabama, Justice Clif
ford delivered the opinion of the Court,
reversing the decree of the Court be
low, with oasts, and 'remanding _ the
cause, with directions t o dismiss the libel.
The ease involved-claims for cotton lost
in transportation, and which had been
insured try the owners. The Court held,
as against the Court be,ow, that the Fed
eral jurisdiction in marine and admiral
ty cams extends from the sea as far no
rivers as they are navigable, irrespective
of tide-water.
In the case of Jesse Riddles Barger,
plaintiff in error, vs. The Hartford Fire
Insurance Company. in error to the Cir
cuit Court of the United States in .the
District of • Missouri, Justice Eield de
livered the opinion of the Court, affirm
ing the judgment of said Circuit Court.
with costa. -
- In the case of B. F. Hall et al, plain
tiff in error,
VP. Geo. Coppel, in- error -to
the Circuit Court of the United States for
the Eastern District of Louisiana, JuStice
Swayne delivered the opinion of the
Court, reversing the judgment of that
o gdurt, with costs, and remanding the
further proceedings in -conformity to
Opinion of this Court. Certain cott
transactions were - involved in this c et
in which the - British Consul at New 0 -
leans bought a part. The occurrences
were in 1863. The cotton _was' within the
rebel lines. It is held that the . Consul
could not protect it by his official char
acter, and that a Consul engaged in trade
has, no more rights itLbusiness during
war than a citizen of thrt. United States.
The President issued his prochkmation
making exceptions as tO the ports of Lou
isiana, Congress passed a law relative to
rebel property, and the Secretary of the
Treasury issued instructions pursuant to
the statute. The military authorities
could make no regulations, nor grant
any permits contrary to them. The con
tracts in the case before the Court were
therefore void.
The T.lnited States, plaintiff, vs.-Benja
min Rofainberg; certificate of a division
of opinion between the Judges of the
- Circuit 'Court of the United Staten for the
Southern District of New "York. Chief
Justice Cheat, delivered the opinion of
the Court dismissing the case for want of
jurisdiction, . •
The Court then adjourned until Thurs
day. .
36'017E1 O'CLOCIE. A. M.
Diplomatic and Consular Ap
pointments Effect of the
Last Reconstruction Law l in
Virginia—The Eight, Hour
Law—Decisions Of the liu-
preme Court—Texas Indem.
: Bonds-The lllcArdle
Case—New Work Naturaliza
ti n Frauds.
(BY Telegraph to the Pittsburgh Gasette.l
, cl 3 , WASHINGTON, April 12, 1869.
The following nomi nations were sent
in to-day: Lothrop Motley , Minister
to England;' - Leopold Markbrest,'of Ohio,
2iiinisterresident in Bolivia; J. R. Par
Midge, of IMaryland, Minister to Nicara
-411% Win t A. Pile, of Missonri, Minister
toVeiiezii la; J. ausseleJones, OhiO,
Minister to Belgium; John S. Carlisle,
of West Virginia, Minister to Stockholm;-
J. R. Clay, of Louisiana, Minister •resi
dgnt and Consul General to Li
beria; R. C. Kink, of Obio, Minister resi
dent to Argentine Republic; S. A. Hurl
but, Minister resident to Bogota; Silas
A. Hudson, colored, of lowa,Minister
resident to Guatemala; E. D. assett, col
ored, of Pennsylvania, Minister resident
and Consul General to Hayti; Andrew G.
Curtin, of Pennsylvania. Minister to Rus
sia.' John G. Jay, of New York, Minister
to Austria; L. P. Evans, U. S. Marshal,
Eastern District, Tenn.; Peter R. Casell,
U. S. Marshal, Eastern District, Conn.;
Orange Jacobs and • James K. Kennedy,
Associate Justices Supreme Court, Wash
ington Territory; James G. Adams U.
S. Attorney, Southern District, Miss.;
Wm. G. Whipple, Attorney, Eastern
District, Ark. •
Assessors of Internal Revenue : E. T.
Chase, Fifth District, Pa.; E. Bute, Sixth
District, Pa.
Collector of Internal Revenue: Jniio
R. Britenback, Sixth District, Pa. . -
Surveyors of Customs: W. T. Miner,
Alton, Ill.; Wm. M. Evans, Parkersburg,
W. Va.
Postmasters : • Stewart Pierce, Wilkes
barre, Pa.; P. S. lesion, Carbondale,
Pa.; Robert Tredell. Norristown,
Pa.; W,
M. Mentzer, Pottstown, Pa.; A. W. Mer
rick, Shambarg, Pa.; Jno. R. Slocum,
Scranton, Ps.; David D. Diefenderfer,
Allentown, Pa.; A. X. Rhein, Carlisle,
Pa.; Geo. Liston , Montrose, Pa.; Geo. W.
Richards, Pittston. Pa„ H. P. Moody,
Susquehanna Depot, Pa.; David Tidball,
Newcastle, Pa.; H. N. Bingham, Phila
delphia, Pa.; J. H. Curran, Delaware. 0.;
Honicy.Stevenson, Greftville, 9.
Rear Admiral Joseph Lanman has re
ceived preparatory orders to command
the South Atlantic squadron. Lt. Col.
Thos. Duncan, sth Cavalry, is ordered to
join his regiment In the Department of
the Platte. Assistant Quartermaster
General Rufus Ingalls Is relieved from
duty as Chief Quartermaster of the Mil
itary Division of the Atlantic, and will
remain in charge of the general depot at
New York, performing the duties of
Chief Quartermaster. Deputy Quarter-
Master General Stewart Van Vliet, on
completing the closing up of the Depart
ment at Baltimore, will take charge of
the depots at. Philadelphia and Schuyl
kill. •
The President has ordered Capt. Jas.
Thompson,_2d Artillery, before the re
tiring board, at St. Louis, and Col. John
C. Robinson, 48d Infantry, before the re
tiring board, at New York, for examina
tion. Col. John Dimmick Is retired.
The effect of the recent action of
the President and Congress on tecon
struotion, especially in Virginia, is of the
most cheering character. Letters from
Richmond say that it seems as if a load
of depression has been lifted from the
spirits of the people, and that the satis
faction With the action of Congress's well
nigh unanimous, the only exceptions be
ing some few sullen reactionists who still
harbor the ghost of the rebellion and spit
upon the fl4g. Business is already re
viving as a consequence, and the doubt
and uncertainty which has been cense
qu-ent upon their chaotic condition is be
ing removed. The people are already
beginning to format plans for the future
and to prepare for a largely increased busi
nese activity, fit is believe& that the
material interests of the State will be
advanced many millions by this action
of Congress. •
The President is to be waited on to
day by a delegation from several trades'
associations in Charleston, South Caroli
na; Rock Island, - Illinois; Springfield,
Massachwetts; -Franklin, Pennsylvania;
Philadelphia, New York, and Ports•
mouth, yirginia, in reference to the con
struction of the eight hour law. At a
meeting of these delegateS, on Satuiday
evening, a series of resolutions were
adopted and the hope expressed that the
unanimous adoptiOn of the eight hour
resolution by the Souse and favorable
consideiatibn given lt in the Senate, will
be accepted by - the Preeldent t and the
Sem etudes of 'War' and the 'Navy as
an explanation, that the„ act doer not
mean a coiresPondingredUction of wages.
Chief Justlid Chase to-day rendered:
the decision of .the. United states Stt.-
preme Court In the case of the State of
Texas against George M. White, John`
Childs, John A. *Hardenbuigh and oth
ers. The original snit _was .hrought by
the State ef WMIB restrain 'defend,
ants from receiving payment from the
National GoYerntnetd 4fr • certain five
per cant. Texas hidemnity bonds of the'
United States, which plaintiff-cialms.b,e•
long to the State. These bonds, it
is alleged, were sold in 1865 ands
1866, •by authority ,of • the 1 , incur.
gent- Legislature of Texas,— and the.
reconstructed goyernment of the State ,
now seeks '• to prevent •payment of,
the value' of the bonds to the .holders;'
deriving title thrtmghlsiddinthirgent Le.
eget - tire. - Varlotis interesting' and'imi --
portazit . collateral ;questions; -Were • also:
raised relating to,the Jurisdiction of the.
court, the ability of,thi pplaidtiBto sue,..
iku. The opinion of the Court. which is
very lOng and able, conoludeesaftillows:
ego e the whole -case, therefore, our coh ! ,
elusion is that the State of Texas is entr•
The decision of the Supretne Court in
the Texas case, after relating the facts as
to the alleged secession of that State in
1561, says: In all respects, so far as the
object could be accomplished , by the ordi
nances of the Convention, by acts of the
Legislature and by the votes of the citi
zens, the relations of Texas to the Union
were broken up, and new relations to a
new Government were substituted for
them. The position thus assumed could
only be miintaltied , by arms, and Texas
'accordingly took part with the other
Confederate States in the war of the re;
bellion, which these events made inevit
able. During the whole of the war, there
was no Governor, or Judgeeor any other
State officer in Texas who recognized the
National authority, nor was any officer
of the United States permitted to exer
cise any authority whatever under the
National Goiernment within the limits of
the State, except under the immediate
protection of the National military forces.
Did Texas, in consequence of these acts,
tease to be a State? Or. if , not, did- the
State tease to be a member of the Union ?
It Is .Leedless to diseuas at length the
question whether the right of a Spate to
withdrtitY from the Union, for any'cause
regarded by herself 'sufficient, is consist
ent with the Constitution of the Milted
States. - The'union of States , never.
'was a purely artificial and arbitrary
relation. -It began among the Col-
Quint and : grew out of. ; common
origin,- mutual sympathies, kindred
principles,., similar interests - and geo
graphial relationti. - It was confirmed
and strengthened _by the.neceasities of
war, and .mceived definite fotrt and
charaCter atitsandtion from the articles
of -confederation . By , these the Union, Was solemnly declared to .be perpetual,
. an d•tabeirthese articietwere found to be'
.inaciequilfajtoLtne exigencies of the titian- -
try, the . constitution was ordained' to
forina mere .perfect .Union. It iti,difll
cult, to codver the Idea of indbisolnble
• unity - more clearly - than by these words.
What can be Indissoluble, it a perpetual
Union made more perfeat is not? • But
the•porpetuirtand iudissolubilitypf the,
i i i e
the ,Union -‘, by - n ;,means ~ Implies
the loss or 01silzt
~:kgid, individual'
existence,' or iif ', t ..-,,,, a 'of - Self:.
government• 'by S
' ki — Tudor
Abe ertialet or soniedeiatiori each ; petite
• • , .
y r ~yre t * ,~
tP• t er t h t . W- . .
.i tzt
2'l .a.'74i;e4kiftg t--,..;-,-
retained its sovereignty, freedom and in
dependence, and every power, juriedic
tiou and right not expressly delegated to
the United States under the Constitu
tion. ,; Though the powers of States were
much restricted, still all 'power not
( if
gated] to the United Stattl , nor prohibi
ted to . the States, arereserved to the
States respectively, or o the people.
And we bave already ha occasion to re
marlW at this term, that tithe people of
each State compose a State, having its
own government and endowed with' all
the functiona essential to separate
and .;independent existence," and
that , "without the States in the
Union there could be no such pout
cal body as the United States." Not
only, therfore, can there be no low of
separate and independent autonomy to
the States through their union under the
Constitution. but it may not be unrea
sonably said, the preservation of the
States and the maintainance of their
governments are as much within the de
sign and care of the Constitution as the
preservation of the Union and maintain
ance of the National Government. The
Constitution, in all its prOvitsions, looks
to affundestructible Union, composed of
undestructeble States. When, therefore,
Texas become one of the United States,
she entered into an indissoluble relation.
All the obligations of perpetual union,
and all the guarantees of republican goy
em in the union, attached at once
to the state. The act which con
summated her admission into the
Union. was something more than 1
a compact. It was the incorporation of a I
new member into the political body, and
it was final. The union between Texas
and the other States was as complete, as
perpetual and as indissoluble , as. the
union between the original States. There
was no:place for reconsideration or revo
cation. except through revolution or,
through the consent of the .States.&m
oldered, therefore, as transactions under
the Constitution, the ordinance of seces
sion, adopted by the convention and rati
fied by a majority of the citizens of Texas,
and all the acts of her legislature inten
ded to give effect to that ordinance, were.
absolutely null. They were utterly with
out operation in law. The obligations of
the State,' as a member of the Udlon, and
of every citizen' rof the ,State as a
citizen of the United States,, remained
perfect,and unimpaired. It necessarily
follows that the State did not cease to be
a State; nor her eft - lutes to be citizens of
the Union. If this were otherwise; the
State must have become foreign, and her
citizensforeignere. The war must have
ceased to be a war for the supprevaion of
the rebellion, and must have become a
war for conquest and subjugation.
Our conclusion, therefore, is, that Tex
as continued to be a State of the Union,
notwithstanding the transactions to
which we have referred, and this con
clusion, in our judgment, is not in con
flict with any act or declaration of any
department of the Nation 4 Government,
but entirely in accordance with the
whole series of such acts and declara
tions mince the first outbreak of the re
The Court discussed at some length the
measures adop,ed by the United ,States
for the reconstruction of Texas, declining
to pass judgment on the constitutionality.
of any of -them, and concludes: The
bonds in question were dated January 1,
1851, and were redeemable after'the 31st
of December, 11364. In strictness, it is
true, they were not payable on the day.
on which they became redeemable, but
the known wage of the United States is to
pay all bonds as soon as the right of pay
ment occurs, except where a distinction
between redeemability and payability,
made by law and shown on the face of the
bonds, requires the application of the rule
respecting overdue obligations to bonds
of the United States which have become
redeemable. • Befote the date of the con
tract with White ,t Childs, all bonds
of the same issue,which had the endorse
ment of a Governor of Texas, made before
the date of the secession ordinance, and
there were no others endorsed by any
Governor, had been paid in coin on pre
sentation at the Treasury Department;
while on the contrary all applications
for the payment of bonds, without the
required endorsement, and of coupons de
tached from such bonds, made to that
departnient,had beendenied. Asa neces
sary consequence the negotiation of these
bonds become difficult. Theysold much
below the rate they would have com
manded had the title to them been un
questioned. They were bought in fact,
and under the circumstances could only
have been bought, upon speculation. The
purchasers took the risk of a bad title,
hoping doubtless through the action of
the National Government, or the Govern
ment of Texas, it might be converted
into a good one. And it is true the first
Provisional Governor of Texas encour
aged the expectation that these bonds
would be ultirriately paid to the holders;
but he was not authorized to make any
engagernent in behalf of the State, and
In ,fact made none. It is true,
also, that the Treasury Department,
influenced perhaps by . these rep
resentations, departed to some ex
tent from its original rule and paid
bonds held by, some of the defendants,
without:the requisite endorsement. But
it is clear this change in the action of the
defendants could not affect the rights of
Texas as, a State of the Union, having• a
government acknowledging her obliga
tions to the National Conatitution. It
is impassible, upon this evidence, to
hold the defendants protected by the
absence;of notice of the want. of title in
White and Childs, as those persons ac
quired no right to the payment of these
bends as against the State purchasers,
and could acquire none , throligh them.
On the whole case, therefore, our conclu
sion is that the State of Texas is entitled
to the relief sought by•her bill; and a de
cree mot be made accordingly. .'
Assoclite , Justice Grier dissented as to
the jurisdiction and 'merits of the cause,
holding'that Texas is not aEltatkin point
of fact, and therefore could not , bring *-
suit in- this Court an xmore than could
the • District ,, of ' Columbia. AV:mime.
Justices itn , d Miller dissented'as,
to tbe qnsstion - of juriSdiction only.
THRExEcirr,tva sicssiorri
The Senate confirmed- no- nominations
to•day. ;:The, session wad spent in the.
oonalderation . of the naturalization' in;
Wrests between the United States and Bel
emit, - Wen; Wurterriburk and• several;
othpr %mien States. The-Darien Canal was Olsettssed, but no action , had
'upon ic I ; .; ~: ... . - . ...- . , . •
. .
ilictextrß ounng.
C , CII i ssu ed
MIXIIBBIOIIOr,-Delano ha s: the
following order, vizi That all Vorands
.tioners of Internal Revimne,. - §fid Deu"-
!Vies; appointed prior to March 10,; 1869,
whloh cio not by their terms expire pre
"Vloult to the'Both day of Aprll, 1869, shall
terminate on said 80tH of April. •
[By Telegraph to the Pittsburgh Gazette.]
LoNnox, April 12.—A meeting of the
Conservative members of Parliament
was held to-night. Over two hundred
members were in attendance. D'lsraell
was present and made a speech, in which
he indicated the future policy of the.
party on the Irish Church question, and
announced the amendments which
Would be proposed by the opposition to
the bill now pending in the House of
Commons. These amendments ate, in ef
fact, that grants to the Irish ChurCh since
the reformation are to remain ' intact;
that Globle lands be retained by the
present holders without purchase; and
that the union of the Irish Churph and
Church of England cease in 1872. Im
portant modifications of the financial sec
tions of the bill are also proposed, inclu
ding the establishment of a capitalized
sum for the support of the clergy, in
stead of the granting of annuities,,and
the application of a large portion
of church revenues to the support
of public worship and to defray
the expenses of the management of the
Church. Finally an effort is to be made
to have all the clauses in the bill refer
,ring to the Maynooth grant and Begiunt
Dontaivstricken out. 31r. D'lsittell's plan.
was favorably received 'and the proceed
ings of the meeting marked by mush'.
LONDON, April 12.—The Pope, on tf •
occasion of the jubilee in celebration :clr;
the thirtieth anniversary of his accession
to the Priesthood,•granted pardon to a ,
large number ' of
_persons, • including "
many political Offenders. •
PEATH, April .12.—The elections in
Hungary and Croatia have resulted 1 .
largely in favor of the Desk party,
which will have a majority , of one hun
dred members in the new Diet. _
LONDON, April 12.—The latest adviees
from Rib Janeiro, state the allies were
preparing to sendan expedition of 12,000
men from Ainmnsion into the interior of
Paraguay in search of President Lopes.
Qumorsroww, April 12.—r The steamer
Helvetia, from New York, arrived.
Lortnozr, April 12 .—Evening—Consols
for money, 93%; for'account, 934: Five-
Twenties at 83%. Stocks steady; Erie,
24k; Illinois, 96%. Tallow 465. Sugar
quiet; on spot, 395. Bd.; afloat, 295.
ANTWERP, April 12.—Petroleum 52,,q"
®534 francs.
HAVRE, April 12.—Cotton at 147 francs.,
on spot. .
FRAMLFORT, April 12.—Bonds at 87%'.
LrvEmpoor., April 12.—Cotton is firmer
but not higher; middling iiplaads, 12y_
_ 4 ;
Grleansi-12,0-salse of 12 , 000 ba l es . Cha
fer white wheat, 9s. 4d.: red western, Bs..‘
8d.®9.4.10d. Western Flour 225. 7d. Corn
295. 3d. for new. Oats 3a. .sd. Barley .
ss. Peas 39e. Pork 105 s; Beef 90s,
Lard 724. Cheese 77. Bacon 02s. ftd-
Common Rosin ss. 3d. Spirits PetroleuM
9d. refined ls. 9d.
rßy Telegraph to the Pittsburgh Gazette.)
KEY Ws-Tr, Fr..A., April private
letter has been received here from
liable source in Havana, which says the'
Government intends to confiscate the'
property of all suspected parties. The
writer urges Cubans now ,in"the United
States to lose no ,time in placing their
property in the hands of foreigners.
HAVANA, April Diario reports
that the insurgents at Signane ilecapibv
ted li•young girl and shot two others.
Brigadier General Telonia of the
Spanish army, has arrived at leavens.
Captain General Dulce, at a recent
meeting of officers, made .a speech, in
which he highly complitnented the vol.
unteers Tor their courage and zeal.
The Diarici says; the vimilfsurround
ing Puerto "Principe haVe been set on
fire, and adds that the troops will soon .--
clear the vicinity of rebels. • .
Small bands of insurgents are operating
near Cincio Villas. Their numbers are
increasing in the vicinity of Santiago de
Cuba, and It is sup Posed they are going
to Mick) Villas; where tney will mum
their forces. The movementit is thought,
explains the - recent disappearance of
Rebels from the jurisdiction of Jiguaro.
• A report wax in cliculation • yeaterdasr
that Ceapedes had been captured, but it
proves to be unfounded:
Markets by Telegraph.
more active at,,an advance of 3@lV,c,
with sales of middlings at 28w,@2816c.
The sales today amounted to 4,500 bales;
the receipts were 2,883 balesfand theex
ports were 4,713 bales, - Gold, 132%.
Sterling," 143 k; Commerst4-_142y 4 ; New
York fght, 3t per cent. premium.
Flour is active and has , advanced *,
and sales were made of superfine at 33,.
'double extra at $0,50, and treble extra' at.
36,75. Corn is easier at 77@78c. • Oats;
the market is scarce at 72e. Bran •is
held at $1,28. Kay .4s steady at 12S.
Pork is dulrat $3l 82. Amon is re
tailing at 1/ 3 / 4 .3 for„ - shoulders, 173;0 for
clear rib, and 17340 for clear sides, -Lqd
its dull,, with sales of tierce at 18A100, and
keg at • 200210. Sugarin. inMar' del
mand,with sales of comnitmateliNeu e ;-
And prime at 140. Molasstmle mareek
and 'sales were made of , palms at dee.
Whiskery; the market iaquierand prices
are firm; witheales of western- rectified
at 87344492340. Coffee; salmi Imre inao
of fair at 143;®153(0, and prime at,l73fc.
BUFFALO, April 12.—Flourie dull , and
unchanged. Wheat is Ter/ ',I - Viet:44es
of 800_bush white Canada cnoiceat ;400,, •
Corn is dull at 73070 tr newton' trace.
Oats is quiet; 1,800 bash sold at 68elor
'bagged and delivered.' :ItyB-',
11, 80; Birley dull;-sales-of 1 car °hake
Canada at 31,90 for bagged and deliVered.
Peas 11,22 in store. Pork, 1334,31,00.
lard 185,1@10a Seeds- thlineri W etof'
Clover at M 25 4 4 9 4 0; Titixltny• at It tift
Ilighwit)es nominal tit tl&f:
in store; Wheat 33,000 biuthi Coto.MVO
bush; Osts ,93,ooo• bu s hl - R3'0'60;000 bash;
Barley , ls,ooo b ash; Peas 2,300 bush.
CHICAGO APrll 10.—There Was' but lit
tlel done this afternoon; 'and idea , grainer were nominal at the closing tiriCes. 'Oa
change NO. 2 spring wheat closed.. at
11,06 q - Provisions were dull. In the
evenWg there was no movementin the.
grain market. ,
, _