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• - 4••
STABLISHED
•
'
. .
qT.A. F
:LAWS OP'. 211 E UNITED 8T.A.138.
Paued at ilse SecomfE4si,ion of the thirty-.
- - IPTT , m , r - <-=:-.N.Cf:_lBB.] 1: • i
As , Acr to amendia r act entitled mAtt act
-, 77' - 1,0411•13160t: th6;6lg6 lir ipirJttacaut Minato
''' ';'''''Sfottctiinfoiicittinit in fra , .rict, of
. .,s t_.A . ,.',.ailinitii:in ce r tain i cases, n:: approved
s'',L, Angnif fifth, ' eighteen - , hundred and
_/?O'ne• — ,.. ..' .:
tnaded.britio.:Senate . titnd lure of
Representativit of thi United States o Amer
.: --icain-angreas-aszetakd r: That i vFrson
. ..4.,..l2offeiding against .t.fier pit:4l6o o e act
. entitled •!An act topryhiblt the s f-spir-
T .
~,... !tram liquors sod' Intbridatirig ' in
... ... tits DiStrict. of Columbia' in. certain es "
approved August fifth, eighteen It adred
and tatty-one, may be ' tried ` biro any
ttelice ot the peace for the District Of Col-
TT : um, ta,,,and, upon.: conviction, shall pay a
-." - I : .ll3 gPf.Vieik t.7 . doNiOsi Pr.4 1 4 11 0j of such
/ . 3 Vpayient shall , be. committeAlta_the jail in
-Washingtoln coupty;'in.`the' District of
-. 1 'caltimbia;lfor thirty daYS.'
. -`...-- i
8eC...i2... _Ana be it furthir en acted,' That
-any. person-licensed; 'or who shall hereafter
be Demist:4,lo" sell - .oliiritOque '' liquers or
d i
' ,.. oiintoiinatirig drinks within said: !rid ;
--..yrho` shall 'snipe or permit any aol ter or
. ''' +ol.rinteer in ' :the";Servine.,'or IlktiU nited
State's, orany porton' weaving the iform
-- - of`ineh-soldier`or-pbratear,,to • k any
4irittloak 'll.o.o7Ar''itomoiun drink
upos bie, preuuses, , shin , be ileenued guilty
' . Of- ther. `same offencer:merditmod 7in e act
"hereby '!.04a 011 ,-)in -4 :. Viii 4 Vlliitic ca be ;
- -ford.any justice. of Abe ,peacia as's! resold
' - IthillbeTunirb,OTill..quim!!!LVlrlti r _e c-Obed
bY:this - fiat: . • L' ,
' '
Sec. S. And. i'; it :faitie;-enheied, That
-a :, st convicted under the provisions
I. s.ft ' notion!! - WM .- act - Jig**. ended,
shall
sall forfeit . kis , license to seal spituons
liquor 'and intoxicating drin k , -n* any
• ~ligel4oViekiliftor, tr , g/t4:4 l "kra..ist o-- Pe .
1...... t :Juin doring.tlis continuance of.the:eaiedig'.
i t
. • z.. rebellion shall be void: - ' - - ..2-`" '`',.
...Sec. 4. And be it }tailor 'ea'Ate That
:-- , ----- 011114 - estollWo4 -- under - the7provis ons of
v g air
' 'this act and'the act hereby nme e shall
be paid to ,the Levy , court.or • gton.
county, in the Dietrict of Columbia , or...thet
as. of . said t he
- . i
Approved, July.l4, 1862...
' EPostae--No: Ma
__ANACT:tolurther_prodiettor Ale collection
r- — of therevenne upon Meru:thin, ?aorth
. eastern, and • riCirtlaticiteareir, and
for other iarpOUS ,
.•
,Be it enacted by. the •ffieurealuf Muse of
-.. - Ripreeentatioe s.ofthe- - Urrrited 'Stets O.:tan ,-
-„, ias,.. 41,2091 il:iiiii . Cifiea4‘ 'That - front and
.• - Adler othe.first- day-of , October _mkt the
-- 2,.•:aitiger-er-lettager•-• - tfr•arrerr-reitseli which
-_:_, is enrolled, delleensishr kr:carrying 'on the •
. - t he east
ern, and Worthweetern=ficatiers, f the
United States shall, 'before the depa rtureof
his vessel from anrport, file a manifest of '
.21112, - With f thericallecillWand obtain a
..
Clearance; and said said - vessel shall : touch
- 'Weer 'of the rite 'of the United flutist;
~; -,---end ; there ; receive, on ,board , any lgoods,
- "'• Wariii,irr liiirchaff - nie; or liieharge any
::..,,partion of lea eargo,.• the_ luster or !mans
-Ihee skill report to 'the eoliechirtnieh arri
- 'wit aid - produce his "iiiiiiiifeaViria' it shall
be the duty of.2,.ther.: collector to *Thine
I.llol*Onicertifted by himself, a descriptioq„
. .:;,;' , Jri4/ 11 4 , -* 4l se 1 waAse-,er •rneschendixo so
. teken.ollbOATlLFAnliden, and return the
• • same tO'llie master eir Ineauger, who shall
' ,- -,deliviar to the Collector of-the port a4which
„ .the „unlading
,of,theiiirge„ris,;Co” leted,
the. manifest .to be ,placed. • on"..fde an his
. office., And owner or owners of every
- VeiserWliose master 'or manager ihall. lug
- ,--leot..te nA ply-arith-thee-werisions bf Otte
, • . sectio n- U.lW , JWiit itaA pay to the United
Steal ilia isiiii.of - twenly ffeffirs fu each
and every offencei - one-half for the use of
the informer, and for which rann'thci vessel
shall be liable, „and ,may be proceeded.
' against summarily - by way of libel fn any
district court of .the United States haying
jurisdiction of the offence.
Sec. 2. And be it further . enaetetf, That
collectors and surveyors of the collection
districts on the said frontiers are author
-.• '
iced to keep bn sale, at their several' offices,
blank manifests
,and clearances required
for the business of their districts, and to
charge the sum of ten cents and no more
for' each blank 'which shall be prepared
' • . and executed by them.
. Sec. 8. ..4nd be it further enacted, That
-. . _ goods importeiunder the reciprocity, treaty
.... with great Britain may be entered at any
_ ,- port on the northern,. northeastern, and
, • northweatern frontiers of the United
upon utisfaotory evidence being given, to
- _ the collector - at the port' where such goods
are offered for entry, - that' they are of the
growth or production of ' Caluda, Without
- the consular certificate now required.
Sec:4.: And be it 'further enacted, That
- for- every entry- of - goodiat ;any custom
house on the northern; nertheastern; aid
northwestern frontiers of the United States
a fee of forty cents shall be charged by the
collector and accounted for .to the govern
ment..
..
- Sec. 5. And be it further enacted. That
' the Secretary of the Treasury be and he is
' hereby authorized in , all cases where porti
„-"may, be opened within thillialts of inner-,
- rectionary States, during . the existing-re.
- - hellion, to- iappoint_ special agents; to per;A
form the fnections of the ordinary :officers„
subordinate-fi the Treaaury Department it
r such ports :', Prosier/4,- That the otenpense
-, tient° be illoweVernett traaperayylofficenr
... ;;-. - aliall; riot ,exard - titit. taid'he.:,perpaneite
.• - , officers of the:same -position -.. during . the
year eighteen hundred and fifty-nine, nor
,-.. exceed,- the;.compensation '• . Cidiearily al
, : lowed to such official agents.
''- Approved, July 1408132.
I ponti,No. 140,1_
lifilhO election:of •rept
resentatires to Congress by single• die- ,
Wets. - • ,;17;
-Be it enacted by the Senate and /hats of
' ISpicientitives of the United States of Amer
ica to Chorus atsentble,d, That. in each
- , State entitled in thknest'Oft@any_ succeed
- iiii.ongiati'W,znoxvilkikrisaussepiteents ,
"tire, the number to obiehiseelt Suite is or
may be hereefter:oltitfaguill be!eleoted
_ . • by_distrlcts contpprol74 contiguous ter
<..f eitoryi 'Aug r number.tonhe number of
• "-4-'representstitesi to oltich''enit Bate may
--terent#letH - said
elution in held, no-one . electing
• =Fel thisa efliebhtePTlntati n o
the - rproi f.this sot not,
, • ,apply. tet - A9 California
may affect the electionof . 7l 4 .4,tv2 ,
I — a jt ~Tetitothe tikko r y. - 7-"eigh_th, freak
'm
Ak e on= of Illinois; the' luteamPeet eePt'e!
'tientotli t e itllewed to 'Sai
r ember
d StakittAly an aes ,
"Ite*, , •
1.146, 00 -- O pta,,,,cji t nw,tredll‘n and otter
i'Ata`,4ll,l44f Irll444 l 44oo ool red.'na.
;ot-sty-three,' - apprcistd:hl_ ,trai =o4l l ll .,
- • l ? 4 ssZl - tttit4ftitte -a -Ot, - 4 11:04 the other
; t ,thirteen. ntattres to widehtit• Sta ..
JO,
` 4 4l = llnti 'by 'the districts as now-prew
{bcr Be d by aw .111 6 4 i3tate, .leas the
4 - ','.a,eigtelstaso of said. State shoultiodt_ o v n,fte. e
'itexidelitforeLthe Alme_itsel-by I, roe
, - sheolectlonot&presentitltesllutri
t f'n's " 'lVPreeedi July 14 ; 1862. - ' 4 -
- 11 . n3LisT7tNi't.1414,
Ax;acxto establialtodditicasalli)est scrcitee. l
r ‘- \Belt tuackithirriKt'tkte'dslosif our ftf
----I ,R9TFolt,eistte'ef ftf _ l . l olltt# B .tflies q/Avler
IN 1786.
inn in angrear arrestUick That the 'fol
lowing be established as post roads :
From•
airoitkCimipurnjitoll, to Au
n"'etitC.
From lone City, via 'Lancha Plana, Pov.
ertjviiii; Jenny: Lhid, - 13rushville, Salt
Spring Valley, Copperopolis, O'Byen's
Ferry, and Jefferson, to Sonora.
. • • . - •
Prom Townadnd, 4 ria' Black Bird, to
Doakyneaville. ,
/GSSACHWIETTS.
From Heitieock toLsneeliorongh
)Fioin Grandvietr;via Newtonville,
Santa Claus, and Morgan Hill, to
Ferdinand.
. - .
Vrein Madison, via Brookebarg and
Braytown, to Itlonnt Sterling, and thence
.via Howe and liannible to Madison::
From Freedom, in Owen county, in 'nat..
:Airiss) rirAriti4; intersecting the
present established route at Hanserville.
, - .From Harrisoni, Ohio, to !Mount Cannel,
Indiana.
Frani Ogden to Rushville:
From Sullivan via Merom, Indians; arid
Palestine, Illinois, to Robinioni Illinois....
- From New Point, (Itessbargh Pest Office,)
viaSsint Maurice, to Clarksbursh.
From Waterloo City to Angola.
Frotaltritnen, yis kleptou and Millward
to Leesburgh.
From itetamora, via Low. Point and
Washburn, to Liam.
From. Toulon, via Elmira, Osceola, and
.16ppaet; to:she:fie&
Froth Shelbyville, via Holland, Accom
modation, and Mowtison to Fremanton.
From,Wilton to . Weld..
IticmciAVr
From Frankfort, via Benzonia, to Tra-
Terse City.
orii-lonis-tolitautorts 7
Tim Middliville to Wayland.
From Miles, via Berrien Centres; Berrien
,Springs, Eau Claire, Pipeslone,iand Sodus,
to Said. Joseph.
• Frost Del Moines, Palk county, to Dal-
Gi-tithria . :County.
From Decatur City, via Terrehoute,
catur county, to Eagleville Harrison county,
Missouri.
From Perryville, via Brittle's Store and
Stamer's Mill, to Greene. '
From the old depot Of the North Mien:lnn
Railroad Company, in First. street, Saint
Louis, via the railroad track, through
blocks two hundred' and thirty-four and
two hundred and 'thirty-three and along
Lewis street, as • the railroad fins ben
by the Government of the United
'States, thence through block - iwo hundred
and twenty-seven, to Front or Leveentrent,
and along paid track laid on said street to
thideifets, ( rnspectfayrof the Pacific and
Izen.Mountain railroads.
. . .
ProM Fallitha tO - Pleikantvitle.
From Berkleyvillo to Hempstead
NEW
From Union, •111 Wakefielk, North Wake
field, WsktfbOrongl4.otodpee, Ossipee Centre,
and Effingham Falls, to Freedom.
From, Greenfield, ,via. Bennington, to
AlitAtli: ••
EEIZZIM
From Bloora-ingdiaiol3siglitciu.:;
From Cherry . NalleydriaWest Andover,
Ohio, to Espyville, Pennsylvania.
From Cold Water to New Bremen.
From Barnesville to Mahonoy City.
From Pine Grove, via Freidenshurg, to
SchcolleBliiiTen;:
From Bastin, via. martin's Creelc, Boston,
and Mount Bethel, to Dill's Ferry.
From Miltonherger's,..via.Philip Kresge's'
to Tannersville.
From Moscow, Tr& Mote's Corner's Dales;
.eille, - snd.Springbroolc, to Pittston.
From Centreville, via Bovard's Mills, to
Annandale._• •
From Wifordsbarg, 7ia Moans Airy,
Emmaville, and Cherry Grove,' to Bloody,
Bun.
From Brickerville, via Bberly's stos
and Lincoln, to'Epbrati,Lancaster county,
. -
• "; ' VTILMONT. ,
• From Boston; Landing, viti Coventry end.
Salem, to Newport.
• From Chelsey, to Williamstown.
cosoasno.
• .
From Denver, via, Burlington end La
porte, to Fort 'Urbino;
From Cache Creek, via Poncho ,Pase, to
ConejeC
From Colorado City to Ruesellrille.
From Pueblo, via Huerfano to Tdnida*
on thiiPitigistone.
‘..From:Cantion , City, via the Arkansas,
Route and ?ask to' Camp . Crittenden, in
tttalrlereitov. -
=EIE33
From Walla.Walls to Fort Colville.
n..-Froat'ltititcouver City to Walls-Walla.
„Exozo Emi t kladison, vim Muekelire, At-
Wait* I.SLCovelind.
. J Approved, .Irdy.l4, 1862.
,
[PUSLIONO. 142] -
AS ACS concerning the courts of the United
Stateelciand ferthe (Markt of Michigan.
...-;:iiiit;slaitSii-!litiaSsUati and ilOttteo f
liteleetralif MS of Me 'United States of Amer
ica is „Ovreso assongdfd, That, - in" addition
to ilte.courttfliow:rprorided by law to be
held in the ilistrict'ot,lifichigan, a general
term 31f-„thu 'ets . stat'i uccirt.'of United_
Eitattsair , Said distriCt. of litichiprishall be
.held eontiallj- at the' courVrooml, in the:
city, sr, Detroit on the second Monday:of
February, and that all writs, billS, pleae,
intitiVappealii,:veCognisances indidtments,
iiikez_lstictiedings;_citil and °rim..
1144:4114U bkariveteeil 'With at s a id term
in like manner as now at theliate and
Octi)bertitimsof said court.
APPrc7eol July 1 . 4 r 1862.
. ,
(PretacNo. 143:j
An Am.; to extend the•iiraitsiof",
Territory of Nevada , t.
. Be it enacted bythe .Senatewia Rouse of
Ripretentaitoes of the United Staten of Amer,'
pomble4,. That ill - that;
part of-the territory of the United - Matte
4ibledidevilthhi: the following I 'limite;'
44 1 4 2 44; beginning at the point at inter.
iseottonlrf - thirtartpser,ond - degreil Of worth
befleirle k with 'the i thirty4ightbilegree of
folniati4:lreet , :from I Wesddrigt‘nj thence .
ittnningsenth.4m thesold thirty-eighthde , :
I Ar:Top.-..0r west langitude .. lOW . intersects
'nertheini' bOundaiy - line Of--.NeSr Masi=
I.co. to the thlity-ninth
went irtan!Witellington;
thirty-ninthi.de •
to the intersection of raid forty-second.-'de='
t Of north latitufle ; Mince tut with
said forty-seeend deg*) ; of north latitude
toithe:pisemutbeginning, be and the same
lopenv. attached to - and made - it part of
''Zirriiirof—Neeriderseiliject.tb.;the
ltmitatioits;
the act organizing the Territor y of Nevada.
• ','APprOved;lndy 14;1862: ' L!.;
OIL WORM COMPAIRr an. -0 1,1
Warirgi:=lll 2 n - og Out. •
oa®m or Om , ORITD3 ofiCat.
rodrptionis Arratl4,l - ..`Addrerl rn•WIA. ,
rod Troontror.„ torlotro--
ritYIHIU ,redeistal
~JfAaatot.wbr .17ligraor
.~cL: t': ~~.
A.NI) COMMER
s , " o•Y MORNING, SEPTEMBER 24, 1862.
flittsintrgh Oauttil.
S. RIDDLE & 00.,
JiDIToREV AND PROPRIETORS,
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MORNING AND EVENING EDITIONS, DAILY,
CONTAINING THE LATEST NEWS UP TO THE
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ADviterjrso AT IMASONABLE BATES.
WEDNESDAY 40KNENG, SEPT. 24
The. Capture of Mobile
This is not as yet announced as a fact
achieved, but a correspondent of the New
York nines, in a letter written on board the
gunboat Cayngs, One of the blockading
squadron off Mobile Bay, says that operations
looking to the capture of Mobile' are to be
commenced at once. It is considered essen
tial at all events, if the blockade is t 0 be main
tained, that the forts at the entrance of the
harbor should be in our possession, as the
coming storms of that locality will render It
impoesible for our fleet to be effective outside.
The forts once in our , possession, approaches
will be made to the city in such a manner as
to insure its capture, in. Spite of the formida
ble obstraotione in the harbor, iron-clads,
rams, Am., and the shore batteries, said to
command all points of approach. Mobile in
our hands, Montgomery on the Alabamariver,
and Tuscaloosa on the Tombigbee, must soon
follow—thus gfring us possession of the rail
road systerh between the Eastern and Western
States of rebeldom.
Meeting of the Governfore.
The Governors of Maine, New Hampshire,
Massachusetts, Rhode island, and we believe
'of one of the other New England States, have
arrived in this city, on their way to-Altoona,
Pcnnsylvania,..to attend the convention oT
loyal Governors - about to 'assemble at that
phose to, deliberate - on the - condition of our
affairs, and. to unite on counseliAo be laid be
fore the President.—N. Y. Xx. Port, Nomad,.
The ahoell paragraph, from the New York
Eoeninp, Post; stows that New England Will
be well 'represented at the meeting of the
Governors, , How it will be as to the Western
and othir States we have no means of form
ing anY'oPinlen. What the . epeeist purpose
of the meeting is, is equally a matter of un
certainty. We incline to think, however, that
,tbe President has "stolen a maebt' upon the
Governoirc ; by, his proelamation of4esterdsy,
and that they - will have mush lass to suggest
thiii'when . the meeting was Celled. But, be
this is Wan, the Meeting can do no harm,
and possibly it will find litmus good to do.
—We ainousibed sestinas,. that 00t. Moe
woo, of Indians, would pass through Pitts
burgh this afternoon, on his way to Altoona.
We look for a good gathering at the depot,
when the Western train arrives, as our people
have long . teld the name of Governor ICTOZTON
in honor, for his distinguished services In the
-public cause ever since the, war eommenced.
...40,3;nonotintp.24zoinia
There ere two ways of looking at the re
treat of the rebels into Virginia. Thai, lot
instance; theVell-Posteiconespondent of the
New York !Two in Washington writes :
The result proves that there w a s no great
risk run by them in this expedition, inasmuch
as they always had a safe beak door, obliging
ly left open by us, to facilitate their escape ;
while the possibility that a chance might offer
to strike ; % Washington or Baltimore, was
enough to stimulate them to effort. That they
are greatly the gainers by the operation thee
far; I think no one can doubt. They hale
made it, at one and the same time,-an In
vasion, a raid' and a reconnoissance in force.
"-The invasion has increased :their
selFconfl
denoe ; the raid has supplied their ragged and
Starring cohorts with clothes, shoes and ta
llow) and tho reconnotieeanee has pretty ae-
Oflustely reirealiC to to. them the numbers and
noittitioa of _our troops in. the -But., With
!these results they can afford , to fall batik upon
their hue at Wine:ester and invent a new
combination, while we are congratulating each
'other uporfMtelr distoniliture.
--I:in-Thir.TOThiiiThiiiiii-,-'gliftfasTotal," in the
. i'hiladeli:hits PM, says :
Lee had barely time to took from the moon
- tain-top 4 -ho oottld see, bathe could not enter
the 'promised land. He aspired to be the
:Joshut, but he h not even the Mosel of the
rebellion, for when he turned away from the
Uhl of the Monocaoy,'.itwas nava again to
Itiok.upon them, exeeptitae:priioner or a fa-
Be goes beak to Virginia, a baffled, beaten;
wretehed-adveititirer. Ho--goes bask: to Vire
:girths with , the curses of dishonored Maryland
foll'AfethilesAtut-thecuiseaof hie outrage d
and bleeding mother 4 tato greeting him evety
-.4trae, :Melees back trailing in the dust the
- banners which he had so proudly flaunted
over his legions.
Why the Rebels Fight Desperritely.
The desierate bravery of the rebels has been
.the subject of remark to many who have wit
riesseclthese ghtbst. A oorrespondent of the
•
New York Tribwis, who main the late bite's
bear Sharpsburg, Jaya . ,
Tho rebels fight with perfect self-devotion.
As long 41 their °MOGI{ will lead them and
command .them, tho rebel rank and tile will
obey in . anything possible to self-sacrifice,
while they - have breath. It is not for love,
[tower's marls as they nrotesi it, of the cease.
..ft for-,kars, in .part; of the d—d Yankees.
,Tbey have been educated to • hate ns for gea
'redone by ail the art and'assiduity:of their
subtle misstetaithesslawsholdersi' But mainly
It it'inidavish fear of their &Boers. They are
riled with the most rigid ! , tyrannY; and the
hut. infraction visited with the speediest
Slid , cruelest repression.
4 rebel soldier was set upon and abused by
his eompany_ofkaer in the street of Riddle
widrove this lest of them out.
The solar presumed to say that if his colonel
' ! were thersC-I°' would'not trent him - that way;
and Abe of loer.eni him In the neck with his
sword, gagged him; and, had him bound upon
hie back errs carriage wagon and dragged off I
We may guess that It is much safer Ito
stubbornly under such disCipline than to
Shirk; Straggling is certain death. Desperate
-fightinggives nine chance" to tine for his Ate,
though it may have to be !dragged out upon
Wan Genaut..litwo • fell, Gam Sturges
was within slew yards of him. - was in
oenintand otthe division formerly ornimanded
hi lieno,inereased. by several new rrent‘
and the men had just - distinguish' them
settee in driving the rebels from th
of the Bine Ridge. These generals were
holm Wanda; had bowl classmates it West
Point, and . greduated together. When ' Ilene
rinlo — bleaaelstinoe, lid him
pinked tip, and Had; "delis, are yen badly
wonisded 7", To whiehshe !spited, "Yes, Sam,
lam a died man." Gen. Sturges had him
placed upon a litter and carried to the rear,
_where hadied in sn hoar. Hisi last words,
berme leaving ihe battle field, mere, "Boys, I
clan bowith you to longer to body: put ; I Aim
With you in' spirit: . • •
. Om ,
Tea' isms of grOat battles In Maryland
.wttl reaoltSuropo sooner than' Is generally:
• The sharnif City of New York,
sibloh salted oa Saturday week, passed :Caps
64- WttlfidurfrardulirShs was bunt-.
tithe news Yacht,: d tati el were
. *au *din: contatningruinounoszusnts of ro
wing victoria,: They wilOblis be known.to
-Europa heaboutielieektakthebeemirreseel
t•-‘
JAL JOURNAL.
After the BatUe'••The Event, of
Thni:Oday.
The following` letters from the battle•fleld
will give oar readers o view of what follows
even s victory: .. ; ; ,
Os vas FIIONT, Bept-111,1862..-10 P. M.
A day of rest—such rest as asin be found
with three mites of dad men to Miry, and
thousands of wounded eo bring frem the field.
A day of standing oti the line where the bat
tle doted—of intermittent sharpshooting, oc
casional discharges of artillery, but • no gen
eral skirmiohingnti attempt - to advance on
either side. •
The enemy is Still here, apparently In strong
forge. Sorely pressed back yeeterday, to;dav
tiortrottid c. .not attack), and we hava'notl This
morningilltli,tiliefratit'arriVals, awl One full
eorpe not onititiPhylititdeY , we -could have
thrown thirty or far ji thousand new men into
action. We.have been waitingolt is said for
the troops to rise, for Sims of exhausted
ammunition to come , forward u fai reinforce
ments to arrlve.l The .troops arehrested, the
ammunition is received, the reinforiements
are here.
The newly arrived i divisions are sent up to
the front; to-night, we have plantednew bat
teries, and the. - general - betteris - that:we at
tack in the morning.' Will the enemy be here
for another life-or-death struggle, or will he
adopt his old policy, Sind Improve the , leisnril
we have given him, by stealing away in the
night? Ile. has no empty breastworks with
which to endow no, but he can leave an a field
ploughed with shot, drenched with blood, and
thick with dead.
"A great victory, l ' said. Wellington, "Is
the most awful thing in the world except a
great defeat." If yesterday's battle was not
a great victory, at least it had all the . terrific
features of one. Out loss in Generale is un
paralleled; and the ;Commander-in-Chief es
timates the total oft our killed and.rrounded
at 10,000.
Many of the wounded have beentthen back
to Frederick, 18 miles. Keedystrille and
Boonsborougb, with every house and barn in
the adjacent country, are fall of them; and
large numbers are carried to Hagerstown,
whence they will be carried by railroad to
Harrisburg, Philadelphia, and New YOrk.
On the whole our] troops behaved admira
bly. No great army ever did better. • Bury
loyalist who saw low' steadily - and 'solidly
they moved forward to encounter that iterrifie
storm of Iron 'and -.lead- felt his heart swell
with pride. -., •
The oppor tu nity for seeing the battle was
unparalleled.. A eingle stand-point com
manded nearly the Whole field from dawn to
dark. No onewho looked upon that wonder
ful panorama can describe it ; neither San any
who saw forget. Contrary to his usuilOelicy,
the enemy met us lit open country, and he
was pressed back. But every hill andlvalley,
every porn.field, giove,.alid-elustor Of treet
was fiercely !Ought for.
The artillery.was 'unceasing; we could often
count more than 60 guns to the minute and
the musketry was like the 'patter of rain
drops in an April shower. On the great
broken field ware riderless horse. sad Scatter
ing men ;- clotide of dirt from shot end ex
ploding shells, long dark lines of iafantry
ewaying to and fro, with columns of smoke
rising from their touskete--.with flashes and
white puffs from, the batteries—with the sun
shining brightly on; all this scene of tumult,
and beyond it, upon the 'dark, rich 'woods,
and the clear blue mountains, flows the Po
tomac.
• Amid all the screaming of shot, and thun
dering of cannon, and Whistling."( balls, with
the fearful carnage^ they brought, I saw no
considerable breaking among our troops, lave
with several now regiments of Fiestch's divi
sion, in Hamner's corps. They felt beak in
confusion, losing considerable ground. True,
it was ground wo had won from the enemy ;
and Franklin afterward recovered the mostof
it, but not all. narrow strip is still within
the rebel lines, and more redutins disputed
territory. ,
To-day on the front has ,harm. devoted
mraltily-to-tka-briryiligof lise.Astfl:frout
of Itichardson's (now: HanooorsYdivllleirint
4 p. m., a flag of truce was raised, and the
sharpshooting ceased. On the debatable
ground between our line and the enemy's,
Gen. Hancock and Meagher rode over Into a,
cornfield and met Gen. Roger A. Pryor. Pryor .
stated that the flag had been ratted by,us and
asked if we desired permission to takeoff our
dead and wounded. Our Generals indig
nantly denied that the signals for ethos* came
(tom us, as we claimed the ground. They in
formed Pryor Olt we had- been engaged
during the whole day in bringing „off and
caring for both our wounded
_end his, and
suggested a cessation of sharpshooting until
all the suffering could be removed. This he
declined, though the Sround is so exposed to
our advance that the rebel,' line made no at
tempt to bring in their wounded, and in tan
minutes the firing ceased.
In front of Couch's ilnet, by common con
sent, both the rebels and our own soldiers
were mingling freely, taking away the
Irounded. Ohe of our regiments was within
a quarter of a mile of a rebel battery, and
the groundtmar it was covered with specta
tors from our- lines. Whenever the I enemy
detected any one using a tield .. glass on his:
camp or battery, his sharpshooters would at
once re-open notwithstanding the informal
trues.
The Crowning Error
The crowning error of the Government is,
not that it appointed "educated military men"
—West Point graduates—to the command of
our armies -;-' but that, when these men proved
their incapacity, it did not at once and 11002-
marily remove them to make way foi their
sucoessors, to be proved in their turn. The
natural course for the President and his Cab
inet, in the hour of danger, was to turn to
these very men i prudence, - demanded, the
country expected, and the Government did if.
But here is the fault-,the supposition thil
every graduate of-the Military Academy 'was
lit for in Important and responsible command
-en error in grlivona that it has - cost the
country retire hundred millions of
money, and the lives of more than one hun
dred.thousand men. , -- The root-of the evil is
in the ballet thit_flenerals—by'flenerals we
mean great commanders—an mode, not born.
Not one has been made sloes the world began.
The genius for command is as much a part of
the natural endowment of the successful Gen
eral, a. the Sense of harmony and time - is
the gift of .hlar- who excels in i male ;
and it is - jest as.- much , ' -impossible
to make 2:....suctiassfnl_. commander out
of one who lacks'. this fundamental and
natural qualifitation, as Sor•a mpili who is
insensible to time end harmony, to he eduobted
into a Mozart oa Beethoven.' No culture can
confer upon anybody the 4licir. eye, the in
stanteneoue Judgment, the power of weighing
force and resistance, the capability of instant
and decisive eatien,:the *meet topographical
tense, and the moral power necessary for a
Tarenne or a Napoleon. Where these gift.
artroongenial, et:titivation will improve - and
; strengthen them and subordinate them in their
proper order and relation '; but all the proles
eon that - ever ,taught - cannot , area them.
' Redo, when the boy who want to West Point
without them graduates, the honors conferred
upon him - by, reason of his technical studies
'ere no evidence, that be ought ever to rise
higher - than a 'eaplitin of a company br • col
onel of a regiment—no matter what theextent
of his theozetleal,acquirements. Most mil
li/irk-great/ilea of the Academy ire well
I learned in the; details of their - profession—
the branches which qualify - them for idioms
in the engineering or ordnance ',depart
mente:of- the ariny, and for drill molders of
f
1-regiments and companies.' They ea • calm',
late the explosive force of powder, e force
and velocity , of rprOjeetibis, : the : ad antages
gained by . the nee of rifled guns and conical
shot, id preference 'to - the , Ilkithilli-bore and
the spherical ball. - They know forlifieation
es a solemn, *bother field 'or larManenti .
they study and Master the dittos of the guar
and commissaries calm; they army
familiar with the - construction and defense of
camps, and can matheuietically determines
and na doubt correctly, most military ques
tions tharmathematics can solve. - Bat-most
of their atudise ere areMbniealli-and - • repave,
1
fiiry;, that hard!) , do more , toward -Xn king a
commander,then a knowledge of t et eon.
'true - dvi
im of a piano ior a olin Writ dtv , to-
ward making a musician.: ;.They: sear sums,
and organize irmleg_ but_AO: Ongeat with,
them it gaits another thing-,sit titling . which
She schools cannot teach: .Thsweare the flots
am, the Admintitmtlon , har forgotten` 'and
these itemagneitionably the canes of all our
woes,..By and thereto:a will nonakandthe.
stestOonimandsi ;Fin -be ropid.=lok*fra.;
IM!TMMZSI
URGII GAZETTE
Important Decision.
•
The blowing highly important opinion
waridilliered4n the Court of Common Pleas,
this morning, by 'Judge Sterrett. The points
involeditre interesting to every tax payer in
the county, and are fully set forth in the
opinion •
Commeairacal.ikaz,l44/, The ITestrrs State Pen
itentiary or. Aaron ..Floyd,r , Treararer of the
Cbiraty of Allegheny, No. 840, October Term,
1862, Rata for Mentdamu', 'l7°'
This is • rule on the respondent to show
cause why -a enandamturshonld not issue, com
mendinghim to pay a warrant for $1,440 88-
100; dated . ..February 19;-1882, drawn by the
Commiisioners, and countersigned by _the
Controller of Allegheny county, in favor of
the relator, for expenses of 'keeping the con
riots' of the tounty to the penitentiary.
-Ali the requirements of the Mw, in relation
to the presentation and approval of the robs
tor's amount—the drawing of the warrant
therefor, die., appear to have been striptly
complied with. On the 18th day of Jfily,
• 1862, the warrant was presented to the Treas
urer, and payment thereof demanded. lie
refused on the ground that all the money in
the treasury was held by virtue of mandamus
executions, issued by the Circuit Court of the
UnitedBtutes forthe Western District of Penn
sylvania, on judgments obtained against the
county foraneare of interest on bonds executed
by the County Commissioners in favor of cer
tain railroad companies—which writs were
served on him before the warrant in question
was presented.
In his answer to the rule the respondent
admits, that, at the time the warrant was pre
sented to him, he had funds of the county
sufficient to pay the same—that he has since
received, and now has money—levied and
collected for the purpoie of defraying the or
dinary expenses of the county sufficient to pay
the warrant, bat not enough to pay it and the
writs of the'Cireuit Court.
The question thus presented is, whether the
mandamus writs of the United States Court
are entitled to payment out of the funds on
hand, In preference to the warrant of the ro-
ator.
The writs of the Circuit Court were issued
tinder • rule of that Court, adopting, as part
of its civil process, the 6th and 7th stations
of an act, relative to actions by and against
counties and townships approved April 15th,
1834. Consequently they have just the same
force end effect es similar writs issued by , the
State Courta.. The 6th section of the bet is as
•
follows, vie :
.If.. tile judgment shell be obtained against
a county 'in any action or proceeding, the
party entitled to the benefit of such judgment
may , have execution thereof, as follows, and
tiot otherwise.viz: It shall be lawful for the
Court in whi ch such judgment shall be ob
tained, to., to issue - thereon a writ command
ing the cointatssioners of the county to cause
the amount thereof, with interests and costa,
to be paid to the party entitled to the benefit
of such judgment, out of any moneys unap
propriated of such county ; or, if there be no
each moneys, out of the first moneys that ellen
be received for the nse of such county, and to
enforce obedience to such writ by attachment."
—Pardon,, 172.
According to , the plain reading of the act,
it might well be queationod whether it was ever
intended to authorise the inning of a man
dismiss writ!against 'the County Treasurer, or
any other 'officer not named in the act ; but!
the Supreme Court In Monaghan vi. The City,
of Philadelphia, 4th Casey, 297,his intimated
that it ~may .be donor sod it is said in that
ease that, "although cities are not expresaly'
named, yet they are clearly within the spirit
of the act." end.consequently a mandatory
writ may be directed , to a city treasurer ' or
other-officer having the custodyand contro l of
municipal funds. For the purposes of this
case, then,- we may assume that the manda
tory writs wereproperly directed to the County
Treasurer '
if.
The- claim td. th relator is one of the
bigheit order. 3
' It I in fact a debt due the
!CednictiMitaaltliherle !!,,,, pie Treunter of the
Penitentiary is, but trustee for hornet and'
although the suit is in the name of the West
ern State Penitentiary, the Commonwealth is
the actual party, and entitled to insist on her
-prerogative: Conaosonirealth vs. Baldwin, I
Watts, 18. It la well rattled that a claim of '
'the Commonwealth 'cannot be affected either
by the statute of limitation or a certificate of
bankruptcy, 11 Barr, 293-10 Barr, 468.
litSommeniceoith,ser_ Bilasitie, it we! . h e ld I
that the, nen of •a ju‘dgmentLin favor of the
Commonwealth is not barred by lapse of time.
An lotion of debt, for $10,200, was com
menced against Saldein in 1810, and the de
fendant confessed judgment in April, 1816, at
which time he was seized of lands which sub
sequently, in September of the um* year, ho
mortgaged to the Boalf .of Pennsylvania.
Upon the sale of these lands in 1830, the''
money wee brqught into Court for distribu
tiOn. It was held that the lien of the Com
monwealth -wet unaffected by lapse of time,
and the judgment wee paid out of the fond.
In'thio case, at well as others that might be
cited, theoxemption or the Commonwealth is.
put on the ground of her. prerogative as tt .
sovereign; and in delivering the opinion of.
the Court, Chief Justice Gibson remarks that
without pretending to fix its limits in all
cases, it may ;tatty be asserted. that this prs.
rogative is a principle of government and a
part of the law of the
. land. •
Upon the principle pervading these cues,
therefore, it , would - seem that the claim in
this case ontaplee a higher position than an
ordinary debt against the county. -
Again, we think it is distinguished from
ordinary claim, against the county, by the
act of April 23d, 1820,in relation to the Eas
tern and .Weeterts . Penitentiaries,: Which dil
recta that the, expenses of. keeping' the con-
elan shall be borne by the respective earn-
ilea in'which they shall be convicted. The
9th section, among other things, makes it the:,
'duty of the Treasurer' to accept orders and
make provisiOn for the payment of these
-expensee..!li requires the Inepeotors of the
.Penitentiary to furnish the..Connty Commis
sioners annually, on or. hefore the first Mon
day of , Febrdary, with a probated account of
the .expeniesl; and the Treasurer, upon re -
calving notice of the:amount from the Com-
minioners, it requkred to collect and retain
money to pay the obme whin the order there
for it presented. It also provides that the'
order shall not be presented to the Treasurer
before the first Monday of May." Perdon
649,31 n. ' • •
The provisions of this section are somewhat
modified by .-ss , an act relating to Allegheny
county," approved May let, 1861, which re
quires that all accounts and claims 'against
the county, shall first be protented to and ap
proved by the Controller ; but the duty,of the
Treasurer, under the former act s " to collect
and retain moneys; for the payment" of war
rants, drawn for the expenses of keeping cors
elets, reunites the same. The set, in effect,
appropriates the necestarY :meant for! that
purpose.
In ilea' of the character and-position of the
demand in this cue, and the provisions of the
act requiring the 'payment of etch °lairds, we
are of opinion that it was the dutyof the Tres.
surer to retain 'efficient funds and pay the
warrant in "question, notwithstanding the
writs of "penal Fier, Facies Josue& by the '
Circuit Court.. .
• This might be' sufficient to
.dispose of the '
case, but one or two other poettlone,! In sup-,
port of. the rule, may. be briefly notisitkd..
It Is claimed that funds necessary to defray
the' ordinary - and current eiponses of the y
county should .not .be withdrawn from the
treasury by mandamus extentions. There are
strong reasons as Well as authority for this .
position. If all the funds in the treasury can
be thus Witlidrawn—‘leaviug nothing! to pay
jurors, the expenses of the jail and convicts
zu the penitentiary, and other-indispensable .
current expenses—how ls ; the administration
of public juetice to be maintained and the
machinery of the county government .to be.'
- kept. in-. motion!? •It cannot be ;done. The
necessary funds, are just , as indlepensible. to
the existence of the, government , as food is to
the sawn of animal life. - If the rolling ,
stook und,',whaterer else is necessary to the
atumeisfoldPirations . at suilroads; is held to
he. eiempt:.,from: ielgure'..:ind; stale; on the
ground of pull* interest And-bondenience,
..should not a - similar Troutotion; to a lemons—
ble eipent, be given to - the trsuuryor sa mu
eleipal gtrernment.;!lint we are not without. .
authority on this pint. ,Elo far.as.eir Courts
hare indiesteduny opinion on.this - subject, it
,nu been in , faror ofeensidering. the ordinary
. cuirent:itiptames as, having the first. l
uponithibrati 1/inney .5.: ..'.: . C laim.
ar.„,,„,",,,maj0e.1114., ReL'Aiie ei„ - Ii 07111.
. -
VOLUME LXXV---NO. 265.
Inirsioners of Philadelphia, 1 Whart. I.—A
rule was granted to show cause why a man
damus should not issue, commanding the
commissioners to draw an order an favor of
the relator for damages assessectin the open
ing of certain streets. The substance of the
commissioners' answer to the rule was, that
all the funds in the treasury ward required to
defray the ordinary current expenses of the
county, and that - they did not consider it
their duty, as public agents, to continue
drawing warrants open a treasury which they
know to be in effect empty. The court, in
discharging the rule and refusing. the writ,
says : "It appears by the affidavit of the com
missioners that there-is no money in the
treasury, except that which is wanted to de
fray the ordinary and current expenses of
the county! The writ of mandamus is not of
course. It Will be granted when a plain cue
of necessity isshown, and 'where, in the dis
cretion of the court, it appears tribe advisable.
In this case we should probably 'atop the
wheels of the county government, if a man
daMus were allowed." .
Again, in Commonwea /as es. The annsaission
ars of Philadelphia County, 2 Whnrt. 290—A
similar rule was taken, to which the Commis
sioners, among other things, answered "that
there is no money in the treasury which is
not wanted to defray the current expenses of
the county, and that there is not sufficent
even to defray them." The Court, in deciding
that the answer on this point was sufficient,
says " the County just discretion
must exer
cise a sound and discretion in reserving
money to defray the current expenses of the
county, because they are of the first import
,' ance to the welfare of the public." •
We are not aware that these cases have ever
been overruled • on the oontrary, the prin
1-clple involved them has been affirmed
'Whenever the question has properly arisen.
In Lorimer, for use vs. Pitt Township, the
same doetrine was held by the District Court
.cd :this county, in a very. able opinion, not
publiehed. It was there held that, notwith
standing a mandamus execution ander the act
of 1834, against the Auditors of the town
ship, they were fully justified in paying out
motley of the township,Tor the support of the
poor—repairing highways, and other none
eery expenses, and the Court refused toattach
them.
'Again, it may well be questioned whether
money, levied r us oar county taxes are, for the .
express purpose of defraying certain 'pacified
current expenses of the county,ein be tresited .
as "money unappropriated of flea m:nasty," ex
cept where there is an excess, not requiredfox
the payment of the objects ineltided to theca
' timate. The law requires theft near the Close
of each year "en estimate of the probable ex
; perms of the county for tlit, ensuing year,"
shall be made. This estimate , - contains the
several items of ordinary torrent expenses of
the:county, such as repairs of public build
inks, jurors' fees, jail cinemas, keeping con
victs in the penitentiary, etc., and upon it the
tax is levied. It -would - perhaps not be a
strained construction to hold that the several.
sums, thus designated, are, in effect, eat apart
—appropriated to the particular objects named,
and that they should not be diverted to objects
not embraced in the estimates. Any other
construction would render any appropriation
--except by actual payment from'the treasury'
—impossible.. In other words, it would ren-•
der any appropriation of the moneys of the
county impossible.
We leave this question, however; as ono
worthy of coisideratiori. when it pros erly
arlsen. For the reasons;'before given, vis
The nature of the debt, and positive directions
of the act as to its payment, and the exemp
tion from seizure, on grounds public policy,
of money required for current expenses of the'
county, we are all of opirdius that the writ
should be awarded.
And now, Sept. 23, 1862; this cause having
been argued by counsel, and . duly considered,
the rule is made absolute, and an alternative
nandantua awarded—returnable the let Monr
day of October next.
The Propoied Ertension of the
Cleveland Raltroad....important
Opinion.
The - following opinion, iu-thetuatter of the
Petition of thiCleveland and PittsburgtiiiiP
road Companj, for the appointment - of View
ers to Woes damages to the Pittsburgh, Fart
Wayne and Chicago Railway Company, in the,
extension of the track of the petitioners' from
Rochester to this city, was delivered in the
Court - of Common - Pleas 'this morning. by
Judge Ritchie:
In she matter of the Petition' of the Cleveland
and Pittsburgh Raitroad Company for op
pointenCest 'of Vietoers. • October
Term, 1862.
The petition in tide case sets forth that the
petitioners have toasted, marked, eto.,a route
for a railroad, in puraisanoe of the sot of in
corporation, and of the laws of Pennsylva
nia, from the lino between Beaver and Alics;k,
gheny, Orintier, to the property-of J. A H::
Phillips; near Manchester, in Allegheny noun) .
ty ; that "said route is located partly calends
the fee simple of which is in the Pittsburgh, ,
: Fort Wayne and Chicago Railway Company,
and in other placespartly on lands which the
said Pittsburgh, Fort Wayne and Chicago
Railway Company allege areetukraced in their
rights of way ;_hut that the lands thus owned
or claimed by the said Pi ttsburgh,Fort Wayne
and Chicago Railway Company, ever which
the route of the petitioners road is located,
is not necessary for the sues and purposes of
said Pittsburgh, Fort Wayne and Chicago
Railway Company." '
The petition states also- that petitioner
have not been able to agree with the Pitts:
burgh, Fort Wayne and Chicago Railway Com
pany, as to the compensation for damages r ,
eta., and asks the Court to appoint Viewers
to estimate the damages, eta., under the pro.
visions of the 11th section of the act of As
sembly of 19th February, 1849, regulating ,
railroad oomptinies, Pamph. Laws, 84:
On part of the Pittsburgh, Fort Wayne and
-
Chicago Railway Company it is alleged that
all the lands and rights of way owned by them
"are necessary for the uses and parposes,
present - and' prospective, of their road. The
Pittsburgh, Fort encl() bingo Railway
Company also deny, that the petitioners have
any authority by - virtue of their charter and
the laws ,of Ainnsylvania, to construct a rail
road over and upon the premises andproperty ,
described II their petitibti. • The Pittsburgh,
Fort Wayne and' Chicago Railway Company
further allege `that -prior to the 19th day
re lof ,
April, 1853, they had constructed and we
using, under and in pursuance of their Ohar
ter and the laws. of Pcnnsylvanie a railroad
.over along property which h ad been ap
propriated under its charter, part of which
the raid lietitionera now attempt to-lake and'
n' appropriate for the route their , eo tem-
Rioted railroad."' _
The charter of the Pittsburgh Port Wayne
and Chicago . Railway Company authorises the
Company to construct and maintain : a rail
road, with a single or double traeliiwith such
side Meeks, turnouts, of6ces,and depots, as
they.may deans neccisaary.„_ As a preliminary
matter, it was a ll eged on the argument of this
' case that the petitioners have no corporate
authority from kennsylvania to build a road
from Rochester, in Beaver county, to Vile-.
burgh. The Court is of 'opinion th - at the act
of 18th of April, 1853, Pamph., Laws,, 473 t
to ineorporate the Cleveland end; Pittsburgh
Ra i lroad Company, and the ,and;
• suppleMent-:1
ary to set, „of, llth • . Of April, 1862,
Panipls. Levis, 438, do' give authority to pet- •
Alt:inert to build a isilroad - fmM Rochester to
The petitioner* allege"that under the words
of the lltheectioit of the itotof•l9th lebruary,,
4849;regulatingrailroMt companies; the Court
-has no discretion, lit must proceed to appoint ;
viewers as prayed. fot..:.The ;Supreme Court'
of Pennsylvatds, in a ease similar in principle
to this one, (Mg , -C ll 6eyi
rays the_better . .prectickis to arrest. the Pro
ceedibgsjelinuse tf,on the face of the 'Oiler
Hoe; fatal ,objeationa are rertiticol. The lan
guage orthe ant in Mandatory:that - the Court
shall appoint stilton bnithill means that they
Shall appoint'vieir oily when the petitioner
brings hii ease. within the'ect. - So here, as
the application of the petitioCers discloses an
intention - to' take - property beioaging the
Pitteburgh, VortVityne and;Chicago, Railw'aYl
Company ' , which that company , alleged, ltd. be "
necessary for the proper:conduct of Its bail-
The.flotirt will ezerolsoits discretion' .
on the subjeet, and prevent: anything from'
being:done.: thiett It_would ifterwares feel ,
Itself bound to.undo,..Zioactual appropriation,
the said propertyL petitioners, will ba
permitted umtirtheir!dig#l". to apmpriatis.4.
Ant 'stabil/hid. I: • - .
MriNIMM=
~,:~~:
With regard to this snidest, the-Court is of
theopiztion that the Legiilature:has no power
to authorise another BailroadCoropany to ap
propriata any premises of the .Piitsbargh,
Fort Wayne .and Chicago Railway Company,
which'are necessary to the proper eondnot of
its business. The lights conferred upon
it
cannot be taken away and given to another
Reilroad Company, even by express words,
much lase by mere iseplieation From authority
given to 'smother company to build broad be
tween certain termini. The right of eminent
domain can only be excreted where the pro
perty taken is converted from • lower to •
highernse. For the discharge if the! same
use, the State has no right , to transfer pro
perty from one person-or body corporate to
another.
"The right of eminent domain, or inherent
sovereign power, gives to the . legislature the
control of private property Mr p•blio uses
only." "It undoubtedly must irst,`as a gen
eral rule, in the wisdom of the legislature, to
determine when pabllo uses require the as
sumption of private property; but if they
should take it for a purpose' not of a public
nature, as if the legislature shouhl take
the property of A and give it to B, or if they
should vacate a grant of property or of a
franchise, under pretext of some public use
or service, such cases would be gross abuses
of their discretion, and fraudulent attacks on
private right, an d law Would be clearly
unconstitutional and void." 2 Kent Com.,
339 340.
In the case of Boston Water Power Com
pany vs. Boston and Worcester Railroad Cor
poration, cited by petitioners; the Supremo
Court of Massachusetts (23 Pick. Rep. 393)
says t "If it is suggested, that: wider this
claim of power, the legislature might author
ise et new-turnpike:canal or railroad, on the
same line with a former. one, to-its'whole ex
tent, we think the proper *hewer is, that such
a measure would be substantially and in fact,
under whatever color or_ pretense, taking the
franchiao frOre one company and giving it to
soother, in derogation of the:first grant, not
warranted by the right of eminent domain,
and incompatible. with the nature of legisla
tive power. In that cue, the:bjeat would be
to provide for the public the same public east -
ment, whit& already provided for, and se
cured to.the public:, by the prior grant, and for
- which**there could be no thhlic - exigency.
'Such .a case, therefore; eannet:bepreonmed."
take away property necessary for the
metier conduct of its bosinima;froin a railroad
company 'Whichis in full iiischarge of the du
ties for. which it was organised, and give it
to another railroad -company, would be to
take away from kand give tollusd would
morever be a flagrant - breach of good faith to-"
wards the first company. -
If, however, thePittsburgn Fort Wayne and
Chicago Railway Company owns lends or
rights of way not necessary for the proper •
conduct of its bosiness we are of opinion that
such proPerty may be liken for the use of the
Cleveland and Pittsburgh Railroad CoMpany,
just as the property of any one on the line of
the proposed road.
From the information now incita possession,
the Court cannot decide that the premises of
thelPitleburgh, Fort Wayne sr.' d Chieego Rail
way Company, which the petitioners desire
to appropriate to themselves, are not neces
sary to the proper conduct of the business of
that company. We -have concluded, how
ever, to reserve this question for inters con
sideration, and appoint -Viewers.- In the
meentime we will, if desired, appoint a Com
missioner to take testimony on the question'
of interference, to be considered in
the
'with the report of Vieweri . In the meantime
the, petitioners will . not be permitted to enter
upon the land in controversy, except for She
purpose emitting surveys and assessing dam
ages. , . • •
• Prices in Etecessin.'
A merchant of Petersburg, Va., 'lately z c
ooped to our knee, gives the following prices
as these which are paid by those whnesn, for
the commodities mentioned below: '
Coffee, $3 :50 per pound; tea, $l6 ; sugar,
80e. to $1; salt, tie. per quart; molasses, $5 -
457 a gallon since the capture of New Or
cant; butter, $1 - per pound egg', $1 per - 7
poundmatehes, 370. per box ; $1 per
pound ; tour, $l3 a barrel.; corn .meal, $2 50 .
a bushel pptatoei, $4 a bushel ; onions, 106.,
a_Piroa p ine wood, $lO a cord ; Tremor"
Notes sell at 75 per, cent t yremiuns ; Tr
Butte I.letes, SO per cent.; calico prints, $1 50
a ...anti' cotton-eh:44 . 75c. to $1 a gari ; hoop
skirts, $l5 to".*.Vo Oadiee cotton-hose, $1
per pair; gaiters, $l2 to $l5; slippers, $8 ;
pins, per paper, $1 50 spool :cotton thread,
50o.; . bleak erape,g4, and for which: there has,
of late, been a great demand. Ribbons are
not to be had.
. The Rebels Making Salt.
A dispatch from ciallipoCa to: tha Cincinnati
Gazeti!. !gips :
. .
I hare jut had an interview with a MOT
chant of Cbarleiton,- who left that place on
WednesdaY, arriving here to-day.- He stated
that the rebel force in the Kanawha ',Valley is
nine thousand, and is under Generals Loring,
Hades •and 'Cerro' Gordo Williams. He saw.
Williams aid convened with him. The rebels
have , an
,immense wagbn train, and are ran,
ning 'the . saiSworks nightand day., Hone of
the.. salt 'works vreie destroyed; only some
sheds IMO burat.- - Charleston was not burnt
by our: shells, al reported.. : Onc commissary
depot:was lind,,asusing the destruction of the
Kanisiha House, Bank. of Charleston, Metho
dist' church, William'ltelly's 'residence, and
William Whittaker's store. .
.
,
Tao theatre of Epheino has' rowan! ben
eiamtned and measured: It mustlasvo beenthe
largest .ever. ereoted,.. Its diameter. was six
hundred and sixty feet; forty . feet More than
the
. major axis of the Coliseum. Allowing
fifteen:inches for each pecrsoni It would 11400321..
modate thousand 'WWI.-hundred
speotatori.. Drury Lane. . will pull contain
three thousand two hundredj . mid Obitlovent
Garden held - two thousand 'eight' hundred.
This edifice was the scans of one of: Appolo-
niUs'iniracles; it is meinorible for the uproar
described in Ante:m,'When - thi - Sphesisim ' .
acoused.Paul and the Christians.in. this very -
building. To this edifice the. writer to . the
Corinthian alluded, probably, wheilhe
"If, after she manner of men, I have fought
I with beasts at Ephesus, what advantageth it
, me ?".
RADictia.--Who ace the. raditalar Those
who favored the confiscation act. Qf course
Abraham Lincoln, whir signed It, and will en
force it, is a radical. An who are in favor of
emancipation, am. radicals, and in fine
all who think this ii something broader,
deeper and higher_than , a political war, an
radicals.. Thos e .who believe that not hing
Would be done, that can by any , poulbllity
exasperate 'the 'rebels; who' want an olive
branch to extend beydnd the pointof every
bayonet, and think that the extinction of
slavery would be the death of. the ilinion,,are
conservatives. - Vie tuna COP, to the concia
don, that, inclined as we are to go to thi root
of thematter, weame maim% s,- '
Ins Ein=RAU' or Wiz has authorised the
coromindsutat Cairo to hire out the contra-.
bands, who aro arriving there by - hundreds
froni% Cairo to- llitnois, employers, and to
tram:Sport theta to their Utast:l6a at Gov
ernment 2 eupenie. Whenever their help is
'dosized, - a committee of responsible eitizene
most be founCto - mike the spplibation, and
they Win' 'also act asi &Indiana to the negroes,
to 800 that they are well treated.:-
TNIMA BUBBER CAMP MLANKET: I3 I - :
fa soldiers. nag auperkur to any' or thaw ca]aas
*town litaakabir *bleb ate nothing Moro than Old
andst. unaffected. (loth. Ttut wads wearer Isystrantediratar roof.
by boat or cad, latch shc
OA caw *Mb - 011 Moth: - anotbar.ruppy 1••
aired at the lodla }lubber Dop#4-14 and ;211 at.
CU& stmt. - . a PHILLIP&
SUGARS AT REDUCED PRICES.—
Lasenata double Mined cradieil iad pulverized
Loaf Sayan Abe nand Mins and War and rim
Ottawa natant. in sae wlialesale and Wan, at n.
dacettiniess,llr, ' JD= A. £I2IISIIAW.
*en , ' , • - --canaft Ilbertykaad Nana Inane.
GSEEN GINGER, for' picklirg and.
tratimnr. Jag" teadv,d ant fa' atl• at th•
randy orxtri bun at .- -
.
. JOiLN -A ANNISHAVT:
coroar Manta mad Mat atmat..-
T T mood qalll4 cif )Rand-sad far
' - • ions TLOTD oo -
- MT • l'Aris&! = •.•.tkew. - . e • • room=
ju,k4= ',llfas.'diaisc-!".,04;os so, IDT