pail g i7tieffral
El A It Sl3 , PA
Tl►ursJap Morning, August 1, 1861
PASSED T u not:oll.—The fifth Massachusetts
regiment passed though tour city yesterday
en route for Harper's Ferry. The men are ele
gantly e quipped and in every respect prepared
to go into immediate action.
FATEASTER APPOINTEDDavid
meek, of this city, has been deputed to pay off
the tenth regiment of the Pennsylvania Reserve
Corps, and left yesterday ,or that purpose. A
better selection could not have been made.
'TAT CLEARFIELD REGIMENT._The announce
ment of "another regiment ready in Clearfield
county," which we gathered from a telegraphic
dispatch, turns out to have been a canard.
There are now four companies in service from
that county, and one accepted and ready to
march ; but there has been no tender of a new
re: hunt.
ARRIVAL OF CAVALRY.-A cavalry company
from Idifflintown, under command of Capt. Rob
inson, arrived here Wednesday afternoon, and
went to quarters at Camp Curtin. This makes
the second company now here, to go into the
new cavalry regiment. Two more are expected
in a few days. From present indications the
regiment will soon be filled and ready for or
ganization.
SeRIOIJCLY INJURED. —A young man named
Davis, one of the returning volunteers, was
seriously injured on the trip from Harrisburg
to Pittsburg. While riding on the top of a
car he was struck by a bridge, and his wounds
are considered dangerous. He resides in the
first named city. Many similar accidents have
occurred within a few weeks, some of them re
sulting in the death of the persons thus injured.
I=l
Norm, Stoirr.—On Wednesday we noticed a
company leaving this city on their return home,
many of the men armed with huge loaves of
home made bread, furnished by the wives of
farmers in this vicinity, and presented, on their
behalf, by ladies of Harrisburg. Before taking
up the line of march for "home sweet home,"
the gallant volunteers, who appreciated the
generous hospitality eallEnded to them during
their sojourn here, made the welkin ring with
enthusiastic deem for the patriotic ladies of
the Capital city.
=I
COLONIII KNlPlL—Thernmoredappointment of
our townsman, Joseph F. Knipe, as Colonel of one
of the new Pennsylvania regiments, turns out
to be correct. He was on Wednesday commis
sioned by Governor Curtin, and has commenc
ed the work of organizing a regiment, more
than the requisite number of companies having
been tendered him. Colonel Knipe has the
courage and the military qualifications to make
a brave and successful officer. He expects to
have a regiment in the field in the course of
two or three weeks.
Disoanermy Room—lnformation was yester
day made before Alderman Illaglanohlin against
Levi Huber for keeping a disorderly house in
North street. He was bound over to appear at
the next Court and answer the charge. Huber
was tried on a similar charge at the last term,
and convicted, but for some cause or other a
new trial was granted, which will take place at
the coming August term. The late information
was made by one of the most respectable resi
dents of North street. The institution com
plained of has long been a nuisance to the peo
ple of that locality.
La THE RIM PLAOL—An Englishman named
John Nott alias Norristown Dick, belonging to
Capt. Campbell's artillery company, visited
Hogan's tavern in Paxton street, the other
morning, and insolently demanded a drink of
whisky. Mr. Hogan politely informed the fel
low that the Mayor had prohibited the selling
of liquor, and refused to comply with his de
mend ; whereupon Nott became exceedingly
violent and made an assault upon the landlord,
who very properly ejected him from the house.
He then left, threatening to burn Mr. Hogan's
stable and take his life. Fearing that Nott
would execute his threat, Mr. Hogan had a
warrant issued for his arrest, and he was yagter
day captured by officer Radabaugh a few miles
west of this city. Justice Beader committed
him to prison, the proper place for ouch ruffians.
ANOTHER SOLDIER Krum—A few days ago a
moldier at Camp Curtin, a private in the Rich
mond Artillerists, named John Harris, left the
camp without leave, and was arrested by the
guard, of which another member of the com
pany, John Corcoran, was the Sergeant. While
on drill last Monday morning, Harris, who it
seems harbored some resentment against the
guard for his arrest, being intoxicated at the
time, struck Corcoran once or twice with his
fist. The latter, after warning him to desist,
finally returned the blow, using his musket for
a weapon and seriously wounding Harris, who fell
to the ground, and was subsequently carried to
his quarters in an insensible condition. He
lingered until Wednesday afternoon, when he
died, it is supposed, from the effects of the blow ,
inflicted by Corcoran. A jury was summoned
and an inquest held upon the body of the de
ceased by Justice Beefier, last evening. Several
witnesses were examined, but the rendering of
a verdict was postponed until this evening, to
await the'dectsion of the physicians appointed to
make a post mortem examination of the body,
and ascertain whether the death of Rants was
caus e d , as supposed, by injury resulting from
the blow struck by Corcoran. la the mean
time the accused was arrested, brought to this
city, and committed to prison. Another meet.
lag of the jury was held at Justice Beader's
office ou Wednesday evening at eight o'clock,
when the physicians made their report.
There ii a strong feeling of sympathy for Corco
ran among the soldiers in camp, Particularly in
the ranks of his own company, many of whom are
of opinion that he was fully justifiable in resent
ing the attack of Harris, who was very much
inebriated at the time and determined to pro
voke a ttuarrel.
THE FIITII WISCONSLN REGIMENT, Which ar
rived here last Frichy, is still encamped in the
upper section of the city, waiting to be furnish
ed with arms.
PUT THEM THROUGII.—SeveraI lager beer sel
lers, in disregard of the Mayor's proclamation,
continue to do business. Measures will of course
be taken to have the license of all these men
revoked as soon as possible.
PAYING ME VoLuirrssas.—Another regiment
was paid yesterday, and left for home in
good spirits. We learn that the two regiments
encamped at Carlisle will be paid off there by a
paymaster deputed for that purpose.
I=l
Smarm MUCK TO Muloas.—The keeper of a
lager beer shop in the first ward, John Feller,
complained against yesterday for selling to mi
nors, was arrested this morning and taken be
fore Alderman Kline, who bound him over to
appear at the August term.
---•~---
SOLDIER Mau). —A young man named Conklin,
from lifontoursville, Lyboming county, a mem
ber of the Woodward Onards, eleventh regi
ment, died In the hospital at Camp yesterday
morning, of typlietd fever. His remains will
be sent loifie for inkinnent.
Dzian AT rni Gaave.—A few days ago
Robert 'Marshall attended& funeral in Salisbury
township, Lancaster county, and while engaged
in filling up the grave, he fell down insensible,
and died in less than two hours, of congestion
of the brain. "In the midst of life we are in
death."
FOLLOW= num HllSBAZD.—Yesterday John
Utz was arrested and imprisoned for keeping a
disreputable den in Cherry alley. Last even
ing his wife, Emma Utz, was arraigned before
Alderman Kline on a similar charge, and fol
lowed him to his quarters in the Walnut street
institution.
BRIAR FOR TER SOLDIARS.—Some of the far.
mars who attended market this morning brought
with them large quantities of excellent home
made bread, which was distributed amoneour
citizens to feed the soldiers. ; Many of the far
mem in this vicinity have contributed cheer
fully, and deserve credit for ,their patriotisin
and liberality.
ASSAMT AND BszrEs.v.---An Italian dealer in
confections, Eugene Mama's, who keeps a ta
ble in front of Frisch's beer shop, was iiiTaigned
this morning for assault and battery, on the
oath of a female rival in business, named Par
mernia thumett, one of his omit Country-women.
The defendant gave bail to appear at Court and
answer the charge.
Tem FIRST LVOCORRO TROOP has made a tender
of services to the Government and been accept
ed. Mr. Brown, of Philadelphia, formerly M
citizen of Licoming coility",'Wto 'ivi3 driven out
of Missouri on account of his lJnion sentiments,
has been elected captain. The company will
marsh to Harrisburg as soon as the muster roll
is filled up to the requisite" number.
AT Hon.—Our gallant young townsman,
Lieut. Frank Davies, aid to the late Colonel
Canieron, who dist&guished `hinuielf at the
battle of Bull Run, and made a narrow escape
from the rebels, is now at home on a brief visit
to his family. Our peoplo will cordially, wel
come the young Lieutenant,' Who, in his first
campaign, won laurels for himself and reflected
honor upon his native city. We presume he
will remain here several days.
Tea Wumdlar &anon Baos.—The cele
brated "wild-cat" regiment, under command
of Col. Biddle, returned here last Wednesday
night from Western Virginia, where, in connec
tion with Col. Simmons' regiment, they haVe
been doing good service. The men expect to
be paid and receive new rifles this evening, and
letwe to-morrow for the Maryland Heights, tb
which point the regiment has been ordered.
Col. Simmons' regiment will arrive here this
evening en route for the same point.
=ma
MORE CAVALRY FOR THE WAR.--Capt. ()Well
Jones' company of cavalry, of Montgomery
county, has been accepted by Governor Curtin,
and will compose a part of the regiment from
this State for the war. We have learned he
has been authorizsd to raise an (additional
company. The State will mount and completely
equip the men. They will be armed with 'a
sabre, one of Burnside's carbines and a pair of
navy revolvers. The Keystone Cavalry, of the
same county, Capt. John Shelmore, has also
been accepted, and will go into camp at once.
I=l
REcaurrmo Pos. Tam Yaws.—There seems
to be a general feeling among the three months
volunteers who have returned, in fay, r of re-en
listing for the three - Yeen'T fesin. -- Thcise
were dissatisfied with their company or field
officers will enlist in other companies and rw.i l r
monte, and not a few will enlist in some othet
branch 'C.f the service. kany of the infantry
will change to cavalry, preferring the line of
service in which that arm: Is employed.
Throughout the infantry of the line a prefer
ence laszpressed for the light infantry or souave
drill and tactics, the quick movement and ir
regular skirmishing- of the latter having a
charm for the men not found in the slow move
merits of the line. Several companies are now
in process of organisation in this city, and a
number of the Cameron and State Capital
Guards are re-enlisting for the war.
I==l
Snoori AFLUIL NUR ErazuxentrowN.--We .
learn from the Lancaster Ewen that on the 24t1,
inst. a boy named Cunningham shot a young
girl named Fanny Cobach, near Elizabethtown,
under the following circuniskuicei : The two
children had frequently quarreled together, buil
little was thought of it, and on this day they
were left alone in the house together, when they
again had a quarrel, which resulted in the boy' it
shooting her in the head, crushing the skull
and instantly killing her. The boy at first in
vented a story that she fell down stairs and was
killed, but afterwards confessed that they had
been q uar reling, and he had run up stairs for
the gun, She followed, probably to pretreat
his using it, when he fired and trilled her.
Cunningham is now in Prison awaiting trial. ,
Thisis another terrible affair, originathig among
mere children, as we understand both were hilt'
twelve or fifteen years of age.
pennovitrania lair ielegraWh, 'eClpmeßtav Morning, 'Anna 1, 1861
COMMON COUNCIL VS. KEI'NFR MAYOR
The city of Harril-burg was incorporated by
Act of Assembly of this Commonwealth, ap
proved the 16th day of March, 1860. The
third section of that Act provided "that the said
city shall have a Common Council, consisting
of thirteen members," who were to be elected by
the citizens of the several wards, each ward to
elect separately a certain number ofCouncilmen.
By the seventh section, the Council were to assem
ble at stated times, "and oftener, if occasion re
quired, seven of whom shall constitute a quorum
for the transaction of all laciness appertaining
to the powers and duties of said Council."
By section 8. "That the power of the said
corporation of the said city shall be vested
in the said Council, or a quorum there
of, who shall, in council assembled, have
full power and authority to make, ordain,
constitute' and establish all such by-laws,
ordinances, resolutions and regulations as
they may deem necessary to preserve the peace
and promote the good order, government and
welfare of the said city, and the prosperity and
happiness of the inhabitants thereof, and the
same to alter, amend, repeal or revoke :
Provided, That the same shall not be contrary
or repugnant to the laws and Constitution of
this Commonwealth , and the same to enforce,
put in use and execution by the Mayor or Al
dermen of the said city, or by the police consti
bles, watchmen or other proper officers, whom
the said Council shall have power to appoint.
Said Council shall have, hold, posaess and en
joy all the powers now vested in the Town
Council of the borough of Harrisburg, which
powers tare hereby transferred to, and vested
in, the said Council, in addition to the powers
conferred upon them by this act."
By section 9 : "That any by-law or ordinance
which shall have been passed by the said Coun
cil, shall be presented to the Mayor ; if he ap
proves, he shall sign the same ; but if he shall
not approve, he shall return it, with his objec
tions, to the Council, who shall proceed to re
consider it. If, after such reconsideration, nine
members of the Council shall agree to pass such
by-law or ordinance, it shall be a binding by
law or ordinance, and become a law, valid, to
all intents and purpcees„as if the same had
been approved of by the said Mayor ; but in all
such cases the votes of Ponncil shall be de
termined by yeas and nevi, end the names of
the members of Council so 1. , ting shall be en
tered on the minutes of said ti uncil ; every by
law or ordinance which the yor shall not re
turn within fifteen days sh: I have the same
force and effect as if it had . • n approved of
by the said Mayor ; the sai Mayor may ap
prove ordinances in vatatio , of Council, and
may call special meetings of .uncli, to re-con
sider ordinances which he d. not approve, on
one day's notice to each me • ber of the said
Council, and in case of the • mporary absence
or inability of the Mayor • act, the Council
shall, if necessary, appoint Mayor to serve
until he shall return or bo a e to resume the
duties of his office."
By section 10 : "That in
ledge of the by-laws, ordu
and resolutions of the said d
be had and obtained, until
thereof, at all times, be know
the same shall be published b
newspapers published in sai
teen days from and after th
been severally passed, ordain
and shall also be recorded I
Council, in a book provided or that purpose,
within thirty days from and , ter the same have
been so as aforesaid passed, o . : .ed and estab
lished ; and before any of th. said by-laws, or
dinances, regulations and r • Autions shall be
so as aforesaid recorded, the p ... lication thereof,
respectively, with the times thereof, shall be
proved by the oath or affirma of the clerk of
the said Council, which said o a)hor affirmation
shall be recorded therewith, and the same shall
at all timer. be deemed and taken as sufficient
evidence of the time of said pnblication and the
promulgation of the said by-laws, ordinances,
regulations and resolutions. •
By section 27 : " That the said Council as
sembled shall have power to borrow, for the use
of the said city, any sum or sums of money
which they shall deem necessary, and to issue
certificates of loan for the tuttount so borrowed
to the person respectively lsnding the same ;
and the said certificates, signed by the Mayor of the
said city, and attested by the President of Coun
cil, under the commen seal 4if the said city, shall
be binding and obligatory en the said corpora
tion : Provided, That the aunutqf money so borrowed
shall not in the whole exceed, at pry one time, the sum
t ; ii
of two hundred thousand dolla , for the re-payment
of which the faith of the said • y shall be pledged ;
and the faith of the boroug of Harrisburg, and
of the said city, shall con ue pledged for the
redemption and payment f the existing debt
ii i
of the borough of Harrisb ."
The rnitersonive steno provided for the
election of a Mayor by the citizens, who shall
be "qua li fied to serve as a tuber of the Senate
of this Commonwealth, d who shall have
been an inhabitant of the d city for at lesuit
four years next p :.,.. • ... his election as
Mayor. By the FO i 0 SECTION, the return
of the election was to be .., de to the Common
Council, who were direc -• to cause the same
to be entered on the Jour* of the Council of
the said city ; "and some person duly qualified
to administer oaths and animations, shall then
and there administer the usual oath or affirma
tion to the person havingithe highest number
of votes for Mayor as aforeeaid, who shall
thencefoith enter upon aid perform all the
duties, and possess and enjoj all the powers and
privileges appertaining to the tffice of Mayor of sail
city, by virtue of any law of &.I ammonwealth, idr
any ordinance, by-law, regulettion or resolution of
scud city, for the term of three years as aforesaid, and
until his successor shall have been duly elected
and qualified." And by the rimame seerrrovi,
"That the Mayor of said city shall generally
have and exercise all such powers and jurisdk
dons, and perform all such duties as may be
prescribed by the laws of this Commonwealth,
or the by-laws, ordinances, regulations and re
-.. ntiorei of the said eitil and it shall be his
duty, in the exercise of his jurisdiction, powers
and duties, to see that the said by-laws, ordi
nances regulations and resolutions shall be d
ented, and to be tdgilast and active in causing
the same to be duly enforced ; also, to preserve
the peace and promote good order within the
said city, as well as to secure the comfort anti
happiness of the citizens thereof, and of all
strangers and sojourners therein." •
At a special meeting of the Common Council,
held at the Council. Chamber, on the Bth Sep
tember, 1860, the following resolution was
passed by said Council unanimously :
The President (Mr. Gross) laid before Council
the following preamble and resolution in rela
tion to the renewal and consolidation of sundry
Borough bonds now due, on application of Mr.
John Beige! : i
_WIINELESS, John Reigel, id Mechanicsburg,
i
Cumberland county, is the :older of fi fty one
hunched dollar bonds of th permanent debt cif
the old borough of Harris , (which are now
due,) and he is willing to new said loan tb
the "city of Harrisburg," f r the period of ten
years, bearing six per cen . interest, payable
semi-annually, clear of Sta tax ; and to con
solidate said bonds into bonds of the de
nomination of five hundred Rollers each ; there
fore,
Resolved by the Common qouneil of the Clity of
Harrisburg, That the Finance Committee be,
and are hereby, instructed to effect the renewal
of said loan with the said John Reigel, in the
manlier above stated, on the faith and credit of
the said " city of „Harrisburg," and for the use
of the same ; and said Committee are farther
instructed to have prepared and issued to tht
sabliolnkileifie).* coupon bonds or certificate}
of loan, of the denomination aforesaid, as pro
vided by the 27th section of the Charter of said
STATEMENT OF THE CASE.
rdor that a know
nces, regulations
may at all times
the publications
x and ascertained,
ritwo of the public
city, within ill
same shall have
end established,
the office of the
city, in lieu of the old debt of the borough
aforesaid ; and that the said fifty one hundred
dollar bonds above referred to be cancelled On
motion of Mr. Haltnlen, the foregoing preamble
and resolution was unanimously agreed to.
A copy of the above resolution, stated to be,
"Extracts from the Minutes," and signed
"Davm ITAams, Cram," was handed to the
Mayor, with the bonds referred to therein; but
no certified copy, under the corporate seal, was
served upon the Mayor before the institution of
these proceedings. Nor was the said resolution
submitted to the Mayor ' under the aforesaid
9ra Swims of the charter ; nor was the same
published, in accordance with the said lera
Szcrunt; nor recorded in the book to be kept for
such purpose, as provided by said section, al
though the Common Council of the said city do
keep such book. For these reasons, and for
other reasons assigned in the answer or return
of the Mayor to the Annular' vz MANDAMUS, he
declined to affix his signature as Mayor to the
said bonds, whereupon the Council presented a
petition for a Ml,Nriestes to which an answer or
return was filed by the Mayor ; an argument
had, opinion delivered, an issue directed and
finally judgment entered against the respond
ent. A peremptory mandamus awarded ;
whereupon this writ of error was taken.
OPINION OF THE COURT—LOWRDE, 0. J.
The only question of any importance in. this
case, and the only one argued by the counsel, is
whether the resolution of the city council,
which the Mayor is called upon to execute is
such a one as, in order to be valid, must be pre
sented to the Mayor for his approval, and also
recorded. We think it is.
The resolution itself is, apparently, of very
little importance, being only to renew a loan
already owed by the city, the legal succesior
of the borough of Harrisburg. It does not ap
pear to change anything except the time of
payment and the liability for the State tax on
the loan, and this the city is to pay.
Section eight of the act of incorporation vests
the power of the corporation in the council, and
section twenty-seven vests the council with
power to borrow money ; but these provisions
are not Intended to set aside the form in which
all ordinances are to be passed, published and
recorded, and therefore do not dispense with the
form of submitting them to the Mayor for his
approval. In our State constitution all legisla
tive power is vested in the General Assembly,
and in the Federal constitution all legislative
power, and also expressly the power to borrow
money are vested in Congress ; and yet these
provisions are not incompatible with those
which require all acts of Congress, or of Assem
bly to be submitted to the President or Gov
ernor for his approval: Ana - quite idle to
call this a subordination of the'counell to fine
Mayor ; for.it is one of our moat usual co-orßi
nations of authority, intended to prevent a
asty and ill-advised adoption of measurer af
fecting the customs, interests and rights of the
people. Sometimes It is troublesome,' but in
general it is of great benefit ; and which is more
to the purpose now, we find it enacted as law' in
relation to this corporation. Respect for the
law and redpeet for each other, among co-ordi
nate authorities, will be found a very sure reme
dy against official encroachments and official
jealousies.
But it is insisted that this provision, for sub
mitting ordinances for the approval of the
Mayor, does not apply to a resolution for bor
rowing money, and we are referred to the special
wording of sections 8 and 9. It is argued that
by section 8 the Council may make by-laws,
ordinances, resolutions and regulations, and
that by sec tion 9 it is only by-laws and ordi
nances that are to be submitted to the Mayor
for his approval, and that thus a distinction is
intended to be indicated between by-laws and
ordinances on one hand, and resolutions and
regulations on the other, so that the former
must be submitted to the layor, and the latter
not.
We find nothing but these words tending to
indicate any design to make such a distinction;
and the well-known legislative habit of redun
dancy of language forbids us to rely on the
multiplication of words, as evidence of intended
distinctions. The act says that the council may
"make, ordain, constitute, establish and pass'
ordinances, &c.; but all these verbs mean the
same thing, and any one of them would have
been sufficient. Moreover one of these words
is "ordain"—they may ordain by-laws, resolu
tions and regulations, and these, being passed,
are ordinances; for ordinances are regulations
ordained.
Certainly there is some distinction bet Ween
these words in ordinary usuage. Regulation is
the most general of them all, meaning any
rule for the ordering of affairs, public or pri
vate ; and it thus becomes the generic term
frum which all the others are defined, specified
or differential. Ordinance is the nestmost gen
eral term, including all forms of regulation by
civil authority, even acts of pediment. With
us its meaning is usually confined to corpora
tion regulations. Ordinances are all sorts of
rules and by-laws of municipal corporation's.
Ordinaxi usuage shows this, and it may be
found Illustrated in Wince& on Corp. 78.
Resolution is only a less solemn or less usual
form of an ordinance. It is an ordinance still
if it is anything intended to regulate any of the
affairs of the corporation. If the word "ordi
nances" in - the Act of Assembly does not in
clude such resolutions, the law, that requires
ordinances to be submitted to the Mayor for his
approval, is of no force at all, 'because it allows
its substantial purpose to be defeated by giving
to ordinances the form of resolutions.
What we have said cannot, of course, apply
to rules of Council, properly so called, for these
are mere rules of practice of the Council itself
In its deliberations, passed by virtue of an au
thority inherent in all associated functionaries
and implied when not expressly granted ; and
establishing the forms under which they act in
the process of passing ordinances. They are
not ordinances, but rules for passing ordinancet.
Ordinance, then, is the generic term for acts
of Council affecting the affairs of the corpora
tion ; and we can make no distinction between
them founded on the difference of degree in
which they affect those affairs. Such a distinc
tion would necessarily be so indefinite as to
give rise to great difficulties in practice, and in
volves =the danger of frequent resorts to the
courts to settle disputed questions, and of fre
quent legal controversies upon the validity of
ante of Councils, even after they may have been
carried into effect.
The general rule admits of no exceptions, in
advance, that are not susceptible of exact defi
nition lse the general rule would soon be so
encroached upon as to be of little value. We
cannot define with perfect exactness the distine
tion between the construction, reconstruction
and repair of sewers and other works, and
therefore all ordinances for such work must be
submitted .to the Mayor for his approval. If
the Council may, without any regard to the
Mayor authorize the erection of one fire-plug or
lamp post, we cannot say that they may not
go beyond two or a hundred. If by one ordi
nance or resolution they may do one thing
without the advice of the Mayor, they can rags
a hundred ordinances or resolutions for a hun
dred things, and nullify, the influence of the
Mayor altogether.
Ain ordinances that involve an expenditure
of money, relate to the " government, welfare
and prosperity of the city," and the law makes
the Mayor a functionary in the passage of them.
It would be strange, indeed, that the Council
should have capacity to bind the peoplaby irre
vocable contracts, with less solemnity than is
required for ordinances regulating fire plugs and
gutters, which may be repealed next month.
The resolution in question, we have said, is,
apparentlf , of very little importance, being only
for the renewal of a loan on slightly diffenmt.
terms. "'But if - rheas
.is any,differenoe it is not
for us to rinsiniretliciflerrree of it that may he
overlooked in practice, unless possibly where
parties have acted under it, and equity requires
such interference. And it is possible to suppose
that the apparent unimportance of a resolution
is not real in principle at least; for the Council
may possibly- be dishonest, at some time, in ad
mitting the existence of a debt, and may, at any
time, be mistaken about it. The law that gives
the Mayor authority as a functionary in the
passage of ordinances, authorizes and requires
him to ascertain their propriety, and therefore
to inquire into all the facts that are proper to
influence his judgment. He cannot properly
approve any ordinance without such an inquiry.
The Council say the debt is due ; he may think
it is not, and the people have a right to his '
judgment as well as theirs.
And there is no sort of hardship in this, for
it is not peculiar, but common. Thus are all
acts of Congress and of Assembly passed and en
rolled or recorded. And it IS very right that every
officer who acts under instructions of Council,
should have this voucher or recorded evidence of
his authority so to act. It is right that the treas
urer should have such protection in the payment
of warrants; that the Mayor should have it in
executing bonds; and that the people should
have it, as a safeguard against all loose expen
ditures of money by Council, and especially by
committees of Council. And it is exceedingly
important that the busines4 of the new
shall be commenced with a strict regard to the
order declared in their act of incorporation; for
disorder at the outset is very sure to perpetuate
itself.
Some of the Councilmen, while in office, may
not like the restrictions which the law imposes
on their power, and yet may think well of them
after they go out.
Judgment reversed, and judgment for the de
fendant below with costs.
Bums for Common Council.
•
J. A. Fimma for Mayor.
Ps= Tin:ma—Numerous thefts have been
committed in this city during the past week,
and in most instances the perpetrators have es
caped detection. Last evening a pair of six
dollar boots were stolen from the store of Mr.
X. Miller, and this morning a gold watch and
some articles of jewelry were stolen from the
jewelry store of Mr. Zimmerman. The last
named gentleman was victimized on two or
three former occasions. There seems to be a
gang of professional thieves connected with the
volunteer corps, who operate extensively
wherever they go. The service should be
thoroughly purged of all such scoundrels.
or See Prof. Wood's advertisement in an
other column.
_.
NEw min CIESAP Goons TROY NEw YOBS Ace
nos.-100 pieces splendid Wamesutta Calico,
10 cts ; 60 pieces of unbleached Muslin, 4f 10
cts., worth 14 eta ; 80 pieces of splendid Clin
ton Gin,ghams, 14 cta., worth 18 eta ; 100
pieces of Crash, at 10 and 12 cts. a yard ; a very
large lot of ladies and children's whitestockings;
the best ladies hose for 121 cts. in town ; bril
liants, brilliants, brilliants, 60 pieces, at 12
eta. ; beautiful skirt stuff at 25 cta.; 200 dozen
of brown and blue mixed men's socks, 121 eta.;
and a great many other goods very cheap, at
S. Limy's, John Rhoads' old stand.
NM) WlDtrfillllltntS.
ARMY SUPPLIES
Qua==mama GENERAL'S Or as,
Harrisburg, July 26, 1861.
Sealed Proposals will Ee.receivea at this office
until 12 o'clock, XL, on Friday, the 2d day of
August, 1861, for the following Army Supplies,
deliverable at the State Military Store, Harris
burg, in quantitles as required. Said proposals
to be publicly opened at the time and place
named, and the successful bidders to be an
nounced as soon thereat& as convenient—the
right being reserved by the State to increase or
diminish the number and quantity of said arti
cles :
Ten Hospital Tents, with flies, poles, pins, etc.,
complete.
Sixteen Hundred and Fifty Common Tents,
poles, pins, etc., complete.
Two Hundred and Fifty Wall Tents, with files,
poles, pins, etc., complete.
One Hundred Drums, with sticks, slings, car-
_
riages, cases, etc., complete.
Two Hundred (200) Drum Heads—batter
Two Hundred (200) Drum Heads—snare.
One Hundred Cocoa Fifes.
Ten Thousand Three-pint Canteens, covered and
strapped, cotton.
Ten Thousand Haversacks, army standard.
Ten Thousand Haversacks, enameled cloth.
Ten thousand Knapsacks, straps, etc.,complete,
. army standard.
Ten thousand Knapsacks, straps, etc.,complete,
enameled cloth.
Six hundred Shovels.
Six hundred Spades. ~
Six hundred Hatchets—handled
Six hundred Axes—handled.
Six hundred Picks—handled.
Ten Thousand Tin Plates.
Ten thousand pairs Knives and Forks
Ten thousand Tin Cups.
Three thousand Mess Pans
One thousand Camp Settles
Ten thousand Great Coats—lnfantry.
Ten thousand Blouses, woolen lined.
One thousand yards sky blue tape for chevrons
Ten thousand pair Trowsers, footmen.
Twenty thousand white Domet Flannel shirts
Twenty thousand pairs of Drawers. - -
Twenty thousand pairs Stockings.
One thousand pairs Cavalry Boots.
Ten thousand pairs Bootees.
Ten thonsand Forage Caps.
Ten thousand seta of Accoutrements. •
Twelve thousand Double Numbers 89 to 60 in
clusive.
Twelve thousand Letters A to X inclusive.
One hundred and thirty Seargents' Sashes
Ten Thousand Blankets, seven feet by five feet
six inches, wool-gray, lettdrs P. V. in centre
four inches long, weighing five pounds.
Forty Ambulance Wagons, of the pattern of
the 11. S. army, of 4 wheels and 2 wheels.
Forty Hospital or Medical Transport Carts, U.
S. army pattern.
Also, Sets of Harness for horses of above.
The Ambulance Wagons, Carts and Harness
to be subject to the inspection and approval, in
quality and finish, of the Surgeon General of
Pennsylvania, whose decision shall be final arid
conclusive.
It daqirabie AsikaltAlle:aboa articles be
of domestic manufacture, and when any bf
there are firinished by the ; 'United States, the
same must conform in all respects to the seahld
standard pattern in thet United States Quarter
mass office and military store, Philadelphil.
Ten per cent of the amount of each delivery
to be retained ari a fOrfeiture wait the contract
is , completed. Contractors to state in their pro
posals the time when the goods can be deliver
ed, and the speedy delivery of such articles es
are needed will be considered in awarding tile
contract.- Succeelful bfiP43/8 to gkyehondcwith
tcio -
Every proposal to be endorsed, Proposal for
Army Supplies. August 2d, 1861.
All supplies contracted for under these pro
posals to be delivered at the Military Store
house in the city of Harrisburg, unless other
wise directed, free of all charge for freight,
boxing or drayage, ale& freikht to place of
delivery is greater than to Harrisburg, in wblob
ease the difference wilt,,be--allowed.-- AI/Pack
ages so deliveredlo be marked on the outel e
with number and descriptiop of articles the ,
and name of party furnishing same, 'kV% r
with an invoice of .contents, enclosed,'emb.
ping; in adifitilm.to above, notiotkof what'
supply it is a part, R. 0. HAL,
jy27-dtaug2. Q. M. Otta. P M.
tHisullcmcous
LADIES' WINE.
SPEER'S SAMBUCI WINE,
Of Cultivated Portugal Mei:
Every Family Should Use.
SPEER'S SAMBUCI WINE.
CELEBRATED for its medical and nem*
bet ai qualitift as a genu.ne St I , naint, Font
rettb and b'elotfle, highly e-toernM by min - ni hyal
dabs, and some of the brat famalts is Europa an
surrica.
SPEEtt'S SAMBUCI WINS&
13 not a nilstura or reattuNcturot article, but ht Hire,
from cultivated Portu,Al Ekler, recommended by Atom
iSt3 and Physicians as posse-slug medical pro, , orti4a
parlor to any other ins !n use, an lan exceti • , rti•
ale for all weak and debtlitmed penzone, and the age I
and infirm, Improving the a , petite, and benetildn4 ladl
acd children. •
A LADIES. wira,
because It will not Into*Male as other wince, as It con
tal.,s no mixture of eptrits or other liouors, sad ipt a -
mired 111 , its rich peculiar flavour mud trstritire proPerties,
imparting a betlihy tone to tbe digestive organs, and a
blooming, s , lt and healthy an ' a n eomohwen.
None genuine unless the signature of
ALFRED srEHR, Passaic, N. J.,
Is over the cork of e ,eh bottle,
MAKP. OvE TRIAL OF THIS WINE.
A. at'EF,R t Ihroprietot.
Nt,
OM ;a 208 tiroadway, New VOI k.
J. H EATON. Agent, Philadelpht,
For sale by D. W. Or & 00. , II K. Keller. `John
Wyeth and be drs2gitts georrally Jyl--daw Iy.
bli*V= l o o
ONLY PREPARATION
WORTHY OF
Universal Confidence & Patronage-
FOR STATESMEN, JUDGES, CLERGYMAN,
Ladies and Gentlemen , in idl Ratan( the world to-city to
the etti:sey of Prof. 0 J Wood's Hair Restorative and
gentlemen of the Press aro unanimous to it pralee. A
few testimonials only eau be here given ; see circular fur
more, and it will be Unpin sible for you to doubt.
47 Wall Street, New York . , Deo.
fix:brumes : Your unto of the 15th 1081., bee been re-
Meted, raping that you had heard th,,t. T had been bene
fited by the use of Weare flair Restorative, and remtwt
log my certificate of the f-tct if I b -I tut -blowgun to
give it.
1 on ard it to you cheerlul'y, ore .use k it due
My agois about 50 veers ; the color in loir auburn,
and belined to c3rl some fir.' or :tc " .•sr Mate It be
gan to turn gray, and tkfr scalp on the crown of my be .d
to Lose fie ePogibillty and dandrntfto for.. 15. Each
of thee° Otsagreenbilltten Increased wilt' time, and about
four mOOO he since a fourth was lidded to them, by hair
falling off the top of my bead sod threatening to make
me bald.
In this unpleasant predicament, I war. induced no try
Wood', Hair Restorative, mainly to arrest the fabing
off of my hair, for 1 had really no expectation that gray
hair could ever be restored to its original color except
from dyes. I was, however, greatly surpris.d to find
Ater the use of two bottles only, that not only was ihe
falling oft arrested, but the color was restored to the gray
hairs and sensibility to the scalp, and druntruft ceased to
form on my bead, very much to the gratification of my
wite, at whose solicitation I was induced to try it.
For this, among the many obllgationa kowe, to her sex,
I stronglyrecommend all husbande' , whi. TAW. the li
mitation of their worir to profit by my example, and
use t if growing gray or getting bsld.
Very respectfully, BicN. A. LAVENDER.
To 0 J. Wood & Co., 44; Broadway, New Yo-k
Hy family are absent from the city, and I am no long
er at No 11 Carrol place.
Hiarnaston, Ala , July 20th, 1859.
To PR P. 15 J. WOOD : Dear :At.: Your "Hair Restora
tive" has done my hair so much good since I oomatenced
the use of It, that I wish to make known to the MB, 10
its effects on the hair, which are great. A man or wo•
matt may be nearly neprived of hair, and by a resort to
your "Hair Restorative , " the hair will return more
beautiful than ever ; at lea t this Is my experience
Believe It all I Yours truly,
P Si—You can publish tbo above if you like. By pub
fishing in our Southern papers you nib get more patron
age south. I see several of your oertificates in the Bo
halellereury a strong Southern paper. _
WOOD'S HAIR Rb'STO 4ATIVE.
PROP 0. J. Woon ['ear Sir : Having had the ihfor•
tune to lose the boat porton of my hair, from the effects
of the yellow fever, in New Orleans In ISM, I wee in
duced to make a trial of your preparation, and found it
to antiwar as the very thing needed My hair is now
thick and glom'', and no words can o:prate my obUga•
dons to you in giving to the afflicted such a treasure.
The Restorative is put up in bottles of three sizes, viz :
largo medium, and small ; the small holds half $ riot,
and retails for one doll , r per bottle ; the medium holds
at least twenty per cent more in proportion It an qui
small, retails for two dollars parr bottle ; the large Pt Ids
a quart, 40 per e-nt. more to proportion, and rental for
$3.
O. J. WOOD & CO., Prop niters 444 Broadway, New
York, and 114 Market street, 81. Louis, Mo. -
an d sold by all good Druggists and Fancy Goods
Dealers. jyl3-dwiraer6
Great
DR. LELLAND'S -
ANTI RHEUMATIC .BAND,
IS THE ONLY KNOWN REMEDY FOB
Ilhetunatism, Gout and Neuralgia
AND A 81111.11 CORE FOR
All Mercurial Diseases.
It is a conveniently arranged Band, containiagssmaal:
sated compound, to be worn around the Waist, without
injury to the most delicate persons, no champ inhabits
of living Ls required, ;mud it entirety removal tter &ewe
from the system, without producing the Work:nut effects
arising from the use of pow rfu! internal medicines
which weaken and destroy th. ...Irwin:Mon, and give
temporary relief only. By title ire 'Mem, the medical
properties contained in the Band come in contact with
the blood said reaches the diseasi, through the pores of
the skin, effecting in every instance 1 iterfect cure, and
restore the parts , anlictedtte a .healthy-condiumi.t. This
Band is alio a most powerful Asat4hutoustat. agent, and
will entirely relieve the system from the pernicious ef
fects of Mercury. Moderate eases are cured In a 'ew
days, and we are constantly receiving testimoniale of its
efficacy in aggravated cases of long standing.
flues f.OO, to be had of Druggist , generally, or can be
sent by mail or express, with full directions forono, to
any part of the country, dirset from the Principal,uface,
No. 409 BROADWAY, New York.
G. SMITH & CO., Sole Proprieto - rs.
N. B. -Descriptive Circulars Sonty z oi,_
Ager.e.E.N.rs WANTED EFt RYWaftn
isLas
JyB-daw
gum FRAMES I GILT PRAXES !
J. BIESTER,
CARVER AND GILDER,
Manufacturer of
_ .
- Looking Glass and .Pietnre Frames,
• Din an 101ewood Mouldings `4
HARRISBURG, PA.
Dretsehatirrorsp square and*Oval Portrait
1 . - Praineo lit every description.
OLD FirtAIDDI itlevalLT TO NE W.
37104
wit El. RENEDY
W. B. Kenedy
FINLEY JOHN.ION