PHILADELPHIA, THURSDAY, APRIL 20, I860.
DOUBLE ! SHEET THREE CENTS. I
VOL. IX. NO. 103.1
C XJ B A
Ceiipedes' Letter to the Cuban Agent
in New York Some Interest-;
in? Information irom
General." ' '
Appeal of the Revolutionists
1 ney . vv ant .arms.
'epedcs writes as follows to tho Cuban agent'
in New York: ' i
General Count Valmancda, elilef of the Spanish
troops now operating in the Eastern Department .
lielnjf encamped with a force of more thnn iJOOO
men In the burnt city of Bayamo, recently en
deavored to pain military possession of tho ter
ritory occupied by the forces of the Cuban chief.
With that object he detached a garrison of 500
men to the town of Jiguani, and auotlier of S00
to the village of (iuina. !
Thereupon the citizen General Donato del
Marinol received orders to advance upon
Jiguani, while the citizen General Modesto
Diazj with his forces harassed a Spanish column
of one thousand men who wero protecting a
convoy ou its way from Manxunillo. This
column was very successfully harassed by Gene
ral Modesto Diaz. I
General Marmol, fulfilling the orders of the
General-in-Chief, fell upon tho garrison of
Jimiuni. attacked thetn in the streets during
' three consecutive days, and obliged thetn to
intrench themselves in the only public square of
the town, firing upon them with two cannou
in the meantime from a hill close by, and as
sailing them in hand-to-hand combats, he and
'his followers, on the very intreuchmeuts of the
Spaniards. ' " t v '
The arrival of an auxiliary force of 500 men,
despatched by Valmaseda, obliged Marmol to
' retreat npon the hill already mentioned, wlicuce
he continued his Are until tho arrival of another
.Spanish column, 800 strong, when, having ex
hausted all his ammunition, he had to retire
with his troops to within a league of the town.
Generals Gomez and Figneredo (Feliz) accom
panied General Marmol in the assault. His losses
were twenty killed and wounded; those of the
. Spaniards two hundred. This favorable dispro
portion is to be attributed to the position selected
by Marmol for his cannon, to tho courage of his
troops, and to the terror of the Spaniards when
ever they are attacked with the machete. t
General Modesto Diaz having in compliance
with orders harassed, as far as Bayamo, tho
column which guarded the convoy, was imme
diately despatched with a force of 1000 men,
armed mostly with tho machete, to attack the
garrison of Gnisa. Tho first encounters took
place at a league from the village, and the enemy,
driven into it, took refuge in the church,
in which they were kept in a state of con
finement and besieged during three days; the
reinforcements despatched from Bayamo by
Valmaseda to relieve them were defeated, and
the enemy finally compelled to raise a flag of
truce. The advantage thus obtained, however,
was subsequently lost, because bhortly after
wards a detachment of 500 men arrived, and,
with great loss, succeeded in advancing to the
village. Thereupon General Modesto Diaz had
to retire, and did so with insignificant loss.
, On another occasion tho same General, accom
panied by Generals Gomez and Agullera,
attacked a column of 800 Spaniards, on their way
from Bayamo to Manzanillo, and so completely
routed them that they were obli'jed to return to
the place whence they started. The Cubans had
one Killed and five wounded; the losses of tho
enemy are unknown.
General headquarters at Santa Rita, March 13,
18C9. C. M. Di: CBSFEDE8.
Want of Arm" the Iteonon for Inaction.
We have received a copy of a manifesto signed
.v linrmtn del Marmol and Felix Flcueredo,
o-nnral In the insnrarentarmvof Cuba, addressed
to "The Citizen President of the Central Re
publican Junta of Cuba and Porto Rico;" but
wlm thut ircntleman is does not ap
pear. The following extracts contain the chief
points of the manifesto, whicn is ciaiea at
f a up KkH KtvnN. District ok San-tiaoo dk Cuba,
March 82, 1S69. The Spanish Government holds to
day no more jrround than that trodden by its sol
.li.trr . mill this Is limited to the principal towns
where they are now, aa it were, imprisoned in their
own house' But as they neither possess tho jriit of
persuasion nor have the power to oommaud by
force, they have converted those' places Into dens
of tlcers dlsKutsert under the shape of man; from
there they come forth, when they are sure of not
being attackeu, to return wiui muwL-m vu Lima uiu
boaster imaginary iriumpiia. .
Yet this state of things continues unchanged
nwino in th unfortunate rlrcnmstanee thut til
Cuban army is unprovided with arms and neeessar r
implements of war to attack the enemy in their
strongholds, and so long as this necessity lasts tho
' u.tomuh airt.llf.rs. anion whom the volunteers from
the Peninsula are distiiiR-iHshed for their brutal fero
city, will continue with impunity to augment their
list of horrible assassinations, the more keenly felt
because the conduct thus far observed by the re
' nublloans of Cuba Is worthy of praise, since tlioy have
K . . . . . , . i . i. ............. . . ri. -i v.nruxil tllut tillufVi
IOf meir ppailiwil prinuueio i; j i...h. uwni.i-
tnne is entitled to, and respect the opinions of those
Afiiu ti enlist, under their banner.
in view f thin critical situation and of the very
lust reasons which uphold the right of Cubans to
proclaim their independence and to resort to arms,
it is time that some powerful and magnanimous
aM. mnit internoso its intluenee in order thut
the laws of civilized warfare and the precepts of
humanity be suosinuieu ior uu w m imnwrn
which are a disirrace to those who commit thuin.
Tk ,,n.inrairiiml. therefore, address tho worthy
President of the Junta Central Kcpiibiicana do Cuba
Cubans wuo take no par m m
t.i,i itrroanltioD of the Insurgent by
The Washington correspondence of the N. Y.
'hM heen received from Cuban
sources which indicate tho tailuro of tho last
movement of tho Spauiards uudcr Lesea. T his
U the third effort they have made to destroy the
revolution. In several engagements ln tho cen
tral departments they have mot sevcro repulses,
and the patriots have captured a largo number of
arms etc. There is considerable discussion hero
about the report that Great Britain aesiKu i -cotmlzlug
Cuban independence, with a view-to
r"?. . .,i.ii,.iimnnt of a senarate republic,.
rndS Freveut annexation It is known
r. .. .V i- rnnsldorab e number of leading
Y'ZuZuTunv tua vouneer men. who iavor
Wof ltoreuubire. and of endeavor
r" .. .......i;li, a federation between Cuba,
KRicoTandl Bt. Domingo, with an eye to the
Inclusion of the English and French islanda
herSr. AU Movements of the Spanish troops
mult soon terminate, owing to the rainy season.
ml Mexico, ana more
AVennontermad. five . hundred pounds of
suirar from three nunurcu wo
The Memphis Post of the I5th Instant re-
Puerto Klco, in oraeriuni, iiiiim. .
he may not rest until he obtains that the Govern
ment of the United States recognizes the indepen
"... - r .i.. irnHMiinml itevolutlouarT Government
nubile, in virtue of that declaration, iuwi w.m
Spain that she may lie Induced to change the system
orwarfare adopted by her until now, to admit the
From Our Own Correspondent. I
Nbw York, Arm , m
In the city of New York the first of May usually
commences about the twenty-fifth of April. Moving
in and moving out arc simultaneous. The poetic
Idea of May exists no more. The eartmen and tho
Biddies are tho only "zephyrs with Aurora playing as
they meet them ont avMaylnp;.", But It is not proba
ble that the eartmen will make more or the Biddies
break more this than previous years. Indeed, there
is every probability that both make and break will be
less. The price of one cartload moved for only one
mile will be f 10 on the average, but then a less number
of Cartloads will lie moved. Many people who do move
will movo out of the city instead of over the way,
and the suburbs wlU brim to tho depletion of the me
tropolis. The landlords have raised their rent of
course. That was to be expected. The few who
prefer submitting to the extortion of landlords rather
than to the extortion, of eartmen, will grumblingly
pay the additional hundreds. Tho many who scent
prosperity amid the green suburbs will witness, the
smashing of their crockery aiid furniture with ,dls
mayed eye, and dole out the cart-hire to the cormo
rants of greenback with sick hearts, thinking to In
demnify themselves with the rich cream and tin;
mellow churnings of the city's outskirts, and the
fresh breathings of nature's double X atmosphere to
be found there. It is mainly among the middle cliiss
of houses that rents have gone up. The private
dwelling which rented last year for tflrto will rent
this for ftlOO, and the modest little mansion tha
used to be leased for J2000 will bring In future tliM
or 2300. The , middle-class landlord Is for .the
most part quite Invulnerable. lie is not to be per
suaded or appeased. After your having been his
tenant for fifteen years, he will witness your depur
tare with signs of elation. No arguments soften liim
Yon may move yourself and your chattels, but you
cannot "move'' hlin.
A number of benevolent ladles anil gentlemen are
taking a great interest in the establishment or a
public washing place for poor people. Considering
how hemmed In we are, hydraulioally speaking, the
public baths of New York are very poor indued.
Water, water everywhere, and not a drop to
bathe in. The proposed plan for using the water
around the Battery for bathing purposes is absurd.
The flow from the sewers renders it very impure.
Governor's Island would make a much lietter, in
fact a quite unexceptionable, locality. It is sur
rounded by pure water, and Is now altogether use
less for any other purposes beyond battling.
The Cuban airair, under the auspices of the "Junta
Patriotiea," opened very brilliantly. How could it
do otherwise when Oakey Hall was absent aud
O'Ciorman took his place? The seventeen tables are
presided over exclusively by brunette beauties. The
American, not the English, bloude was there in full
force. Thy sold the articles on the tables at re
morseless prices. These fair charitable cheaters
might almost be arraigned for obtaining money
under false pretenses, for they fibbed about the mar
ket value of the various objets tie vn-tn with spirits as
light as their complexions and hearts as false as
their hair. i
, During the recent phantom-photograph examina
tion, Mumler made the plaintive remark in reply to
the permission of the Judge for him to proceed in his
business, that he could not proceed, as it had been
ruined by his arrest. Nothing can be less true.
Notoriety is the best advertisement nowadays, and
people who never heard of Mumler before will now
flock to his galleries and pay dowa the ten dollars
for the privilege of possessing photographs of the
dear and dead the respective "sainted Marias" and
"little Williams." Mumler is a great man. Amau
only requires to be well kicked to become so.
Four French grotesque male dancers, named Clo-
doche, Flajalet, Noimande, and Comet, are to ap
pear before very long at Niblo's. The Jilack Croak
element may be on tho decline, but I see little evi
dence of it. Tho rush to all places of amusement
proves that the public taste is versatile rather than
depraved. The Forty Thu-oes aud IIitmpty-lHtmpty
are not the only pieces well attended and well ap
plauded. The receipts at Booth's are second only to
those at Niblo's. What the people will not stand is
mediocrity. They will rather support a good panto
mime tha u a bad Shakespearian revival.
And so, truly, ali haba.
The Niilionnl Convention In Newark, N. .1.
Kr porta from Ike Different Nlaten Yesterday
Afternoon' Session. .
Special Correspoiuttnee of The Keening TrtmrapK :
Newakk, N. J., April 28. This afternoon's session
was one of great interest. The musical part of the
exercises was conducted by John K. Gould, Ksq.,
who had a small urmy of children from the "Little
Wanderers' Home" iu his choir. A large part of the
session was spent lu hearing reports from Sunday
School Associations (missionary, pal dishing, and
State), live minutes being allotted to the representa
tive of each. Want of space forbids other than a
passing allusion to this interesting feature of the
convention. The remarks were Intensely practical,
the "spread-eagleism" so customary on some occa
sions being entirely left out. .
The llrst representative from a State was a gigantic
brother from Maine, whose weight must be at least
three hundred pounds, and as earnest a man as he is
a solid one. He reports bis State as wide awake iu
the Sunday School cause. A number of the States
have State associations, through which the work of
stimulation and arousing is put lorth, while others
are working through the individual efforts of Chris
tian people. Massachusetts has been at work la
conventions, etc., for lli'teen years ; New York for
twelve. In New Jersey every county is organized
with a county association. Pennsylvania reports a
lively association, working with a hearty activity,
yet amid some discouragements. Ohio has been well
organized for several years, and Indiana claims to be
advancing handsomely in her work. A delegate '
from Texas reported a total state of devastation in
the matter of juvenile education; and Ills remarks so
thrilled the audience that a collection of f 176 was
taken on the spot for the supply of books to that
ln thC Uul0n U 1,lin19- V'
uavxjMa, ui iii-.uku' KUivaii-jJuikiii iuu null uuuc
there and the style ln which it Is done, which served
as a stimulus to everybody present to "" uui do like-
The wibject of "Conventions and how to hold
and conduct them" was then discussed, Rev. Alfred
Taylor, of Philadelphia, opening the discussion in an
address of ten minutes, in which he gave a number
Of suggestions as to the practical management of
the details of State and county conventions. Hev.
Kdward Kggleston, of Chicago, followed with some
eminently useful hints on the same subject, aud
William Reynolds, Esq., of Peoria, closed with a
telling account of the convention work in Illinois,
where a numlier of business men hold themselves ln
reserve to go to all parts of the State and hold such
meetings. . Ho spoke of this spirit as the secret of
the success which has followed the work In Illinois.
Messrs. Marling and Sutherland, of Toronto, and
Rev. Mr, Henry, of Ireland, made short and earnest
speeches of congratulation to the convention.
Telegraphic greeting was sent across the cable to
the London Sunday School Union. ;
The crowd at the evening session shows that the
house was packed to its utmost capacity. This
morning there must be 1600 people here, occupying
every available inch of room. Rev. It C. Trumbull
has lust concluded a truly eloquent address on the
blessings of the school as realized ln the family. 1L
Thane Miller, of Cincinnati, is now speaking, and
holding tho earnest attention of the whole vast
The great feature of to-morrow morning will be
an address from Ueury Ward Beecuer ou our Mls-
The convention may be set down as the most sno-
isful one ever ueiu iu mm uuuuuj, ww in puiuii
LATEST BY TELEGRAPH.
FroMirliig for the Execution
Lewi Lane, the Wife
The African Colonizing Excite
ment Subsiding The !
Recent Freshets. ! .
Proceedings of the Washing
ton Mutual Reform
The l.nHt Itnyn of a Wife PoWner- Prepnm.
lionn for Ittn Execution Preen nl Ion Tnkcn
to Prevent Commuting Suicide. ; 1
Fprvial Deipatch to The Evening TeUrprapK
PtTTsm'RO, April 29. Preparations arc being
made this morning for the execution of Lewis
Lane, the negro wife poisoner, who will be hung
He appears to have come to a realization of
the dreadful fate awaiting him, but ns far as can
be ascertained, ho has not confessed his guilt.
He Is attended by a Catholic priest, who re
mained with him a great portion of the night.
The prison authorities, fearful of his committing
suicide, placed him under strict surveillance
during the night. lie ate heartily tliis morning,
and uppenrs resigned.
In another column there will be found a de
tailed account of an interview with the doomed
man F.n. Eve. Telegraph. J
The Culoiilv.nl ion Spirit Subnidimf-IHhtor not
Allowed f o Piny Itilliurd General l,ee and
Fjierial DtMjxttrh to The Reentry Teleiiraph.
Baltimore, April 2U The colonization ship
Golconda,flnding a falling off of applicants to ship
to and colonize in Africa, Is about to make a voy
nae in the merchant service to Europe. The
colonization spirit has greatly abated since the
war, and it Is feared it will entirely subside.
Botli branches of City Council passed an ordi
nance prohibiting minors from playing billiards
ln public saloons, under a penalty, to the pro
prietors of ten and twenty dollars.
General Lee goes to Washington shortly to
visit President Grant regarding Virgiuia recon
struction. FROM WASHINGTON. '
Derjxiteh to the Asuociated Press.
A .llntnal Or cms Reform and Uiiual HiarlitN
Washington, April Ufl There is' a Mutual
Press Reform and Equal Rights Association now
in session iu tills city. A number of female
doctors are prominent in the movement.
Airs. Dr. Walker in a speech denied
the newspaper statement that Presi
dent Grant hadl rcfusud to sec her unless
iu female dress, and stiid she had attcuded Mrs.
Grant's reception, and h;ul been received with as
much courtesy as if dressed in the usual fashion'
The Post Office Department requires Patrick
II. Jones, recently appointed Postmaster in New
York, to give bond in the sum of $750,000.
Montreal, April W The river Ls now clear
of Ice between here and Quebec, aud the steamers
have commenced their regular trips. Tho water
in the river fell three feet within twenty-nine
The commanding officers of the troops ' in
Canada have been ordered to furnish rolls show
ing the number of passages required for tlio
troops ordered home. ;
Itallroad Accident. !
Albany, April 39. A passenger train on Hie
Rensselaer and Saratoga road ran off the track
near Waterford last night, and was upset
Several persons were bruised, but none e
I.nke Em igration Open. j
Dunkirk, April 29 The propeller New York
arrived here to-day from Toledo, with a full
cargo for New York. Navlgatlou has been free
aud unobstructed for the past ten days at this
THE EUROPEAN MARKETS.
By Atlantic Cable. j
TIiIh Itlornlnff'ii Quotation. '
London. Anril 29 A. M. Consols 93 y. for monev.
and 93u(i9 i4 for account. American stocks quiet.
I", a Five-twenties, 80 ; Krie Itallroad, 21. : Illinois
Livkrj-ool, April 29 A. M Cotton is a shade
tinner, but the quotations are uuultered; middling
uplands, lljid. ; middling Orleans, ISI'.d. The sales
to-iluy are estimated at wXH) bales. i
Coru is declining. j
Thin Afternoon' QuotatioiiM. !
Londoh, April 29 P. M. Consols 93", for both
inouey and account. American stocks steady.
I nlted States Five-twenties uualtered; Krie Kail
road, 21 ; Ureat Western, 23. -
Liverpool, April 29 P. M Cotton quiet and
steady. The sales are estimated ut lo.ooo bules ; Uie
quotations are unchanged.
Tallow, 4fts. I
Havkk, April 29 The cotton market opens quiet
aud steady. (
Ufarkets by Telegraph.
New York, April 29. Cotton quiet; 200 bales sold
at 2s;( '2H.V. Flour is without decided change.
Wheat advanced l2c. ; No. 2 spring $l- dellvcreiL
Hales of 1200 bushels. Corn advanced lm 2c. Kales
of 4S.OH0 bushels; mixed Western 82J.(rfSftc. ; white
Western, bTx s ln store and ailoat. Oats quiet ; sales
of 12,000 bushels Western at KOe. In store, and sn2'ir
it S8c ailoat. Beef quiet: moss, IiA16; extra 12
mis. Mess Pork f drooping; new, t31-10; prime,
f.'ft.7B(.27-75. Laid heavy at ltxlSJic tor steam.
Nkw York, April V) Stocks llrm. Gold, 134. Ex
change, 9. 6-20S, 18T2, 121 do. 1864. 1173. J do.
lHtifl, 119; new, 11(1; 1kiS7, 110; 10-40S, ; Virginia
s, 62 Missouri 6s, 8.v, Canton Company, 64.V;
Cumberland preferred, 80; Now York Central, To;
Heading, 9fls ; Hudson Itlver, 1R4; Michigan Cen
tral, 127tf;Mlchlgan Noutuern, 1 10 ; Illinois Central,
143 ; Cleveland and Pittsburg, 92 v ; Cleveland and
Toledo, 101; Chicago and ltock-hiland, 136; Pitta
burg and Fort Wayne, 187X- -
Uai.timokk, April 29 Cotton is a shado better,
but not quotably higher; middling uplands, 28c,
Klour active and favors buyers. Wheat steady;
prime to choice red, l-90(a. Corn firm; white, 7a
(osoc; yellow, Mi!. Oats firmer at 73A76a for
prime. Ke steady and unchanged. Pork quiet;
ba!OU rib sides, Wa. ; clear do., 17X0- i shoulders,
14X".'. hams, 20a,2ie, Lard, i9o. Whisky llrm
but quiet at 293o. ; some, gales at 2a
HAM FKANCisoo, April Its. Klour dull at t4-89,V9
fllta. Good shipping wheat, ll-w. Legal-tenders, 70.
bailed, Bhip General McUellap, for Liverpool,
Exodus of the President's Family
to Jlount Vernon-The Office-j
, seekers Enraged Con- i ,
solidation of the
Sales of Government . Gold,
f))f'ial Detpateh to The Fceninq TtUftrapK
President (Irani and Family Vitlt Mount
Washington, April 89. President tJrant and
family, Secretary Borle, Admiral Porter and
family, and Generals Babcock aud Dent, left tho
Navy Yard at 10 o'clock to spend a day at Mount
Vernon. Great disappointment was manifested
by n large number of ofllce-seckers at the White
House, who expected an interview, as to-day
was set apart for their reception under the new
, Army Conwolldatlon.
It appears that in the consolidation of re
giments to twenty-five, quite a number of
them arc not full, hence the order to commence
recruiting. Several hundred are weekly mus
tered out owing to expiration of service.
The Mary Powell Cao.
Our Government has not received any reply
from tho English Government respecting the
lattcr's action in the case of the Mary Powell.
The Spanish Minister here is of opinion that the
matter will be satisfactorily arranged between
the two Governments, and that the United States
authorities will have no cause to complain.
Despatch to the Associated Press. '
Captain Robert Wyman is detached from the
command of the Ticonderoga, and placed on
Tho following are also detached from tho
Ticonderoga and placed on waiting orders:
Lieutenant-Commanders Augustus P. Cooke,
A. T. Small, George H. Wadleigu, and William
II. Whiting; Ensigns W. S. McGunnigle, Henry
C. Hunter, aud K. 11. C. Lut.c; Assistant Surgeon
Wnhderlieh and Chief Engineer George T. kutz;
Ensiams W. W. Gilpatrick, and II. W. McKee,
detached from the Ticonderoga, are ordered to
Washington for examination for promotion.
Captain Jolm C. Estlger is detached from the
Shenandoah and is waiting orders.
Lieutenant Commanders Smith W. Nichols,
T. A. McCarty, and Clinrlc S. Cotton; Surgeon
A. C. Rhoades, Chief Engineer R. M. Berstle
man. are detached from the Shenandoah, aud are
Acting Assistant Paymaster C. M. Guild is de
tached from the Shenandoah, aud is ordered to
render his accounts for settlement, at the expira
tion of which time ho is regarded as mustered
out of service.
Commander C. II. Baldwin Is relieved from
duty as navigation ofllcer at Mare Island Navy
Yard, and ordered to duty as orduance otneer at
Commander S. R. Franklin Is detached from
ordnance duty at the Navy Yare at Mare Island,
and ordered to command the Mohican. Lieutenant-Commander
Hatfield is detached from
the command of the Unadilla and placed on
waiting orders. Flcet-Surgeen J. D.- Miller is
detached from the North Atlantic Squadron, aud
ordered to return home. ' Surgeon Charles Mar
tin is detached from the Ticonderoga, and
ordered to duty as Fleet-Surgeon of the North
Atlantic Squadron. Lieutenant Isaac Ha.lett is
detached from the Michigan on tho 1st of Juno,
and ordered to the Lancaster on the 15th of
June. Lieutenant-Commander W. II. Dana is
ordered to Washington, D. C, for examination
for promotion. Lieutenant George W. De Long
is ordered to the Lancaster on tho 15th of June.
Lieutenant 0. F. Heyeman is ordered to the
Michigan on the 1st of June.
. A PreHidentinl Excursion.
To-dav President Grant and family, accompa
nied by "Marshal Sharp and family, General Bab
cock and family, Generals Badeam and Dent,
Judge Dent, Secretary Boric, and a number of
other invited guests, left tho Navy Yard here on
the United States steamer Tallapoosa for a trip
to Mount Vernon, where they intend to spend
Colored Jinn Appointed to Office.
Baltimore, April 29. Edington Fulton, the
new Surveyor of tho port, has appointed Wil
liam n. Taylor, colored, a subordinate in his
ofllce, being the first appointment of a colored
man by a Federal officer in Maryland. A com
mittee of colored citizens waited on Mr. Fulton
to-day, and congratulated him on his action.
Government Salew of Gold.
Social Despatch to The Keening Telegraph.
New Yobk, April 29. The first regular Gov
ernment auction sale of gold took place hero
to-day. Only one million in coin was disposed
of. Trevor fc Colgate purchased $500,000 at
3402; Henry Clewes & Co., s250,000 at 34-03;
aud also $250,000 at 34'01. Fiske & Hatch bid
34 for a million, and Blake Bros, bid 34 for half a
Hfoek Quotation by Telegraph 1 p. M.
Glendcnning, Davis & Co. report through their Mew
York house the following:
N. Y. Cent. R 1 74 .v Pacific Mall Steam... 93
N. Y. and Erie It.
81 West, Union Tel.
I'll, and Kea. K
MV 'Toledo A Wabash..
Mich. 8. and N. LH..loi)
Ue.andPltt.lt 9a v
Chi. and N. W. com . . 8i ,
Chi. and N. W. pref.. 9s
Pitts. F.W. A Chi. R.Wtf
MIL A ISt. Paul H.o.
.Mil. A St. Paul it p.
FINANCE AND CORHIIEHCD
Office or m Kvtniwo Tki.foraph.I
TLurndny, April it, lotil. I
Our local money market is now in a normal
state of ease which leaves little room for com
ment until some distnrbing element shall rulllo
the present smooth current of monetary affairs.
The floating capital ou the market, notwithstand
ing tho large amounts recently in
vested lu real estate, especially In
the South, aud thus permanently with
drawn from the loan market, is considerably
in excess of all demands, and most of the banks
and individual lenders have balances, towards
closing hours, for which it is dlllicult to iind
temporary employment even at a nominal 3 per
cent. rate. Tills Is, of course, no gauge to the
tone of tho market, though there are marked In
dications of another decline in the rates of all
elasses of loans, nnless some new revenue move
ment, or tho Government sales of gold, or some
other cause,' should disturb its present condition.
Call loans are easy ut 5a0 per cent, on Gov
crumcnts and at 6(&7 per ccut. on miscellaneous
securities. The rates of discount both at the
banks and on tho street are comparatively easy,
us prime business paper is scarce and iu demand
at v&'U ier cent. . ;
Government bonds are very strong, but the
market is dull. Gold Is firm at an advance on
yesterday's closing price. Premium at W M. 134.
There was less firmness in the Stock market
and kee activity . State loans were neglected.
City sixes were in good demand, with sales of
the new certificates at 101; 98 wa bid for tho
old. i The Lehigh gold loan was steady at 05.
' Reading Railroad was rather quiet, selling at
48'4Ya48X, but after tho board it sold as high as
48'44; Pennsylvania Railroad was steady at 6i?
&60; Lehigh Valley Railroad sold at and
Camden and Am boy Railroad at l&W- 51 V was
bid for Minchlll Railroad; 85 for Cntawissa
Railroad preferred; and 28 for Philadelphia and
Canal shares wero without Improvement.
Sales of Lehigh Navigation at 82. was
bid for Hcbuylkill Navigation preferred. ,
. uanK stocks wero inactive.' - .
Passenrer Railway shares were firm but quiet.
Sales of Second and Third at 44. 4d was
offered for Chesnut and Walnnt; 20,'Jifor
Spruce and Pine; 32 for Uermantowri; and 1:1
ior nestotmue. -7 ; , . ' ;
PHILADELPHIA STOCK EXCHANGE 8 ALBS. ':
Reported by De Haven A Bro., No. 40 S. Third Street,
' BEFORE BOARDS. ' ' I
300 City , New. .101 V' loo sh Reading TtR.-.4'Bl
f hmm) do.... ..sfl.miv
100 do..s30wn. sy
100 .. dO.w...sB0. 4SV
100 ,do..10wn. 4SW
60 - o......trf.4s St
200 ' do 4S-81
fsoo Hh Oiican Oii.sso. v
lOOshLeh Nav.s60. ii25
10sli2d A3d8ts... 4:t
18 do. 44
13000 do... j.. .Is. 101
f 1000 Read 6s. '44-0 SHV
119000 I'llll k K 7s. Is, S3
8 fill r aT A M Hk..l!2ft
100 sh Penna.uSOflat so .
' i shLen.Val....ls. 6rtJ
60 ' 'do M't
7 sh Cam A Am R.W'
,68- , do.......ls.l!W'
IKOoLeh Con loan.. 83
100 sh Read R...S5. 4R'
tmoo pa 6s, l scr. . . .103 x
11000 do 103X
100 nh Leh Nav.60.
100 do b60. 827k
140 i do. BOO. (12?,
100 do. S0. 82 V
100 ,. do S.10. 2
100 do D60. 82
10 sh LehValR.... 6?t
4 do......... 6'.
do BtO. 4S'i
.-do. 810. 4S'
..do. 815. 4S'
. .do 4HW-
.iashLU.Mc4l R.b3. 43
. 4sliMexii. Bk..., 81
. !ta sh Union Pass., 43
100 sh Penaa.bSOOat 69V
'20O0 Leh gold L.sS. 4. 200 ah Leh
$1400 Sch N6s, -82.. 67
14000 8-20S, Vii,rg.C.1l2
1300 do rg.112
000 Phila A E 7s. 63 V
100 sh Uenn'n P.sB. 83
100 sh Read JR.b30.4S 8-16
100 do....b5.48 3-16
100 do Zix
100 . do b30. 82
100 do.... 82,'
1HT sh Penna RR.ls. 69
15 do Is. 69s,'
100 sh O C A A R K. 86'f
100 sli Ocean OU.sS. -66
Messrs. Dn Hatkn A Brothbr. No. 40 8. Third
street, Philadelphia, report the following quotations:
U. . 68 Of 1881, 118M4H8X i do. 1802, 121X(12l"y !
do. 1864, 117S(n7s ; do. 1805, 118119', ; do. 1805,
new, l lttril 16V; do. 1867, new, lltkllfiv; do.
1868, 11B(A116; da OS. 10-40S, 107A107'i ; U.S.
80 Year 6 per cent. Cy., 10BV(106; Due Comp. Int.
Notes, 19. Oold, l8?i(lW),'; SUver, 127129.
Narr A Ladkbr, Bankers, report tula morning's
Gold quotations as follows:
10-00 A. M 133!' 11-00 A. M...... 133K
10-15 " 133i 11-15 " 194
10-30 " 133T,' 11-80 " ....134V
10-80 138 U-38 " 134
The Question in the Supreme Court
Again Chief Justice Thomp- i '
,' son OYerruIcs Judge - i
- Read. ! :
Nfsl PriusC'hlef Justice ThompHon. ! ..
This morning the Chief Justice delivered the fol
lowing opinion on the naturalization question: i
In re Jumna Barron. Applination by petition und proof
of Iom of a naturalization certificate irranted at Nmi I'niis
on the 7th MoTember, 1SW, beior Molton C. Roger, J., for
In re 4jottleib D. Jaiaer. A like application on account
of loaa of cert ificate Krantod by Lewis, C. J., at Niai I'rius
on Heptnniber 'JH, 10.
In re Antone Nees. For lorn of certificate granted at
NiHi Priua September 19, 1S6S, per Hhurawood, J.
llie forej?otnjr applications were made at an adjourned
seaeion of this Court on Saturday, the 24th inat., by the
resective counsel of the several applicant, to wit :
Hon. A. V. Parsons, James K. owen, Ksq., and George
VV. Biddie, Emi.. and W. L. Hirst, at which time also
there was brought to the notice of the Court certain orders
or entries made on the minntes of session of this Court
held on the second or third day of November last, lstj8,
by Hon. John M. Read, and whicn it wan suggested stood
in tbe way of granting the prayer of the several peti
tioners. These entries appear as follows :
"November 2. 1H6S Read, J. A nd now, November 3, ISriS,
it is ordered that no aliens shall be naturalized in this
"November 3, 1868-Read, J. It is ordered by the Court
that no endorsement of any kind, or any certificate what
ever, shall be made by the Prothonotary or any other per
son in his office, upon, or in relation to, the certificates of
naturalization comprised in the opinion tiled yesterday, to
wit : from the Uth of September to the 13th of Ootober,
These minutes or orders being read, the counsel for the
petitioners insisted that they were of no &1 legatory force,
and were not legal judgment either at law or equity, hav
ing been entered mr ntot. without process, parties,
pleadings, or testimony; that while they affected the
rights of many citizens it was by a proceeding extra-judi-ciul,
and beyond the authority of the judge to make, and
thereupon Mr. Parsons moved that they be set aside, an
nulled, or stricken oil.
I have taken time to consider these orders, and this mo
tion, and may in the outset say, if they possessed the force
and character of legal judgments, I ought not to grant the
prayer of the petitioners for duplicate naturalization cer
tificates in the places of those shown to nave been lost Or
destroyed, as has been the practice to do, for that would
be equivalent to the grant of an original certificate which
it seems to have been the object of the order of the 2d of
November to prevent, at least in this Court. So if I should
not fuel bound by it, and order duplicates to issuo to the
petitioners, the order of the 3d of November remaining,
would place the Prothonotary and his clerks in jeopardy
of a contempt of court if they placed tha seal of the Court
It is thus apparent that the practice of the Supreme
Court at Nisi Prius in the naturalization of aliens, and the
issuing of certificates pursuant to the acts of Congress for
many years, will be radically changed if these orders stand.
I am obliged, therefore, to consider and determine the
question of their obligatory force as competent judicial
judgments or decrees, and their conclusiveness on the
uuestinns involved, and whether binding on me or any
other judge. If 1 would do my duty, I can neither escape
nor shrink from it.
When these orders were made the Supreme Court in
bnue was holding one of its regular terms pursuant, to law
in a distant portion of this btate, namely, at Pittsburg,
and gave no order nor assigned any of iu members to hold
a Court of Nisi Prius during the term at Philadelphia.
Nor was it known to the Court or to any of its members, in
my belief, save the Judge himself, that a session of the
Court was intended or expected to be held at that time in
Philadelphia, or during the terra of the Conrt in bane ut
Pittsburg, This is only material as showing that these
prohibitory orders to this branch of the (Supreme Court
were not the result of the authority of the Court in bane
for any such purpose.
The character of tbe orders as the exercise of judicial
authority is more than questionable. In looking into tbe
records they do not appear to have emanated as the result
of judicial proceeding instituted at law or in equity No
purtiuswere before the court of which the record tukes
notice. There was no process, no pleadings, no witnesses,
nor counsel in a judicial sense. They must, therefore be
regarded as neither decrees in equity nor judgments at
law; and if there be any proper designation for them, it is
that of orders. But in this aspect it must stand confessed
tiiat there should be some judicial or legal warrant or ooca.
ion for orders, as well as judgment or decrees. If none
such appear, the conclusion must follow inevitably that
the action was extrajudicial and of no binding authority
and the occasion not judicial.
. . A" ilready said, there was no case involving the iurisdio
t urn of the Supreme Court atNiiP,i08 that day before
the Court, and had there been, the only proper judgment
would have been dismissal of it in judicVal loni tir w?nt
h. . l.n . .m..U r I .. "."' .": "T!Vea V H WOUld
agamst the constitutional officer, the Prothonoti wi h
out summoning or notify ng him. r,uoi, ,hiw ,r.7.J '.i ,i.?.
were not to be determined In the EnSwltfl
mere order, without iniiuirv or ril i i. i V by '
scribed for this is by wr,'t"7 vio'r,
instance of the Attorney-Ueneral in the n..,. .h .
moiiwealih. ln such n-.!i.. n,u"? ! the om-
nisi, inn junsiiioilon of the llourt and ji i "
possible lor such a result to t, .ii . wiu uppoae it
If the're was'such'a'iCh,0?? ?!n" the" ordr, let u. see
diolkm oJti aiVf h.7j 2bt n,fl.'t Mrciso the juris-
S-Ti-'o.- Slh'"" or?v Vl to the propriety of
making them. .The manner"i; "wb .X Xg2?lS
used in. the courts was not l,.,i,.,.nu lf,.r tha
before the court, and the lend judgThad no a i
cou'0VnV,nJr7TthMl don.,byirtJudge.'0f the
kV'lJ.S' """ocaae ul the kind, oe of aiu-
kind, before the eourt, on the second and third days of No
vember, in which there was jurisdiction to iuak the orders
Prooedenta, that is, the decisions of eoorU of justioe, not
ouly r m nid W wiMkt U ltw isut aoy giraa m.
against the CouVt: a. the order oFThe 2d
jurisdiction, or in ' ihY"" m f
p,io. tctea ih7uwb,irJ
whether it be on a rmein of jnHdlntion or of mdfvMnal
right; but when exactly in point with a oase bore (he
Court are generally held to be bind n n h tr. as mP -s
to keep the scales of justice even and steady, became the
law inthatcase baa been solemnly uoj,uj ...
mined. - Man. A RyL 336. Mr. Justice BIckton'S In ki,
Commentaries. Vol. I. p. 70, says :--"A former decision m in
feneral to be followed, nnleas manifest ly absurd or Q6 just."
.ord Chancellor Talbot said: -"It was mucu oeur u
tick to known general mine than to follow any one parti
cular precedent founded on reasons unknown to us."
Cases Temp. Talbot, p. iM. - 1
1 he earliest precedent of a naturalization of an alien at
Nisi Prius in this city appears to have been on the petition
of one Henry Loiper. The entry on the petition is:
"riworn at Nisi Prius, Philadelphia, June lJ, 17W." This
was before McKean, C. J. From tliis time on natnrmlira
tions have been allowed and cettificates granted at Nisi
Prius by Tilghman, C. J., and his emociates, and by (.lb
son, U.J. . and bis associates, in numbers of Instances;
but previously to IM1 no index of the names of per
sons natnralized, it seems, was kept, and there
is no mode of ascertaining how many- were -naturalized
before that period but by counting the
flies, many of which, no doubt, have been mislaid '
or destroyed. But naturalizations were almost uniformly
in this Court, with rare exceptions, if at. all, in ttie Jourv
in banc, hince IStfan index has been kept, and I observe
that the first name on it is William Arbuckle, admitted to
citizenship before Kennedy, J, holding Nisi Prius Oh Sep.
tember 29, 1842. Barron, the petitioner in this esse,! is on
that list as admitted on November 7. 1HW, by Rogers, J.
holding Nisi Prnii. la 1H61. Jacob Millett, for sixteen
years a clerk in the Supreme Court, appears to have been
dmiite'd Ut citizenship by Kogers, J., at rtisi Prion.
Since then and no to the date of the order of -tli 9d of
November, PdM, I learn that the precise number of natu
ralizations granted at Nisi Prina were 10.414. -Those pre
oeding that date may safely, I presume, be estiinaied at
balf that number at least, making in round numbers sax
24X00 persons. ...
. Thus, for period of seventy years, or within a fraction
! Jt,,wS have the evidence of naturalization granted
at Nisi Prius, without a question of the right, in the most
exciting periods Kvery Chief Justioe, from the lime of
and including Ohlef Justice McKean -to the present day,
lilghman, Gibson, Iwis, BUok, Lowrie, Wood
ward, and the writer, and almost every member
of the ' conrt, not. excepting the learned Judge,
Mr. Justice Read, who caused the orders in
question to be made, bave each and all asserted and
exercised jurisdiction at Nisi Prius in naturalizationaas.
If these thousands of precedents, running through a period
of seventy rears, do not sunicient.lv test mH
curacy ot the exercise of tbe jurisdiction in this court
under the acts of Congress, seventy times seventy years of
"" i.in noiiui uiti no more eoncinsiv
enect on those whose wishes, not judgments, may seek to
arrive at a different conclusion. , . .-, ,. ,
Hnt this jurisdiction is not dependent on precedent
merely for support. The aot of Congress confirming tbe
jurisdiction in the naturalization of aliens in the
State courts, reads as follows:-" Kvery court of record
in sny individual State, having eommon law jurisdiction,
and a seal and clerk or prothonotary, shall be considered a
district court within tbe meaning of this act; and every
alien who may have been naturalized in any such eourt
shall enjoy, from and after the passing of this act, the
Mine rights and privileges as if he had been naturalized in
a District or Circuit Court of the United Stales." Aot of
14thof April, 18C3. .
- That the Court of Nisi Prins is court of common liw, no
one will controvert. The seventh section of the act of
!6th Jury, 1842, after extending the jurisdiction conferred
certain enumerated act upon other court, to the Court .
of Nisi Prius, adds, "and all the powers, jurisdictions, and
duties of the several courts therein prescribed and set
forth, are hereby vested in the said Nisi Prius Judges in
all such original actions brought, or to be brought, in
the said Supreme Court in the said city and oounty, and to
all such cases of trustees and trust estates." ln tbe eighth)
section of the act it is further provided, that "Toe said
Judge holding Courts of Nisi Prius shall have full power
and authority to enter judgments in all cases brought, or
to be brought in said Supreme Court in original process,
and to make all orders and decrees in such cases as fully
as any court of record could or might make." ...
Here is common law jurisdiction of the most plenary na
ture conferred by the Legislature . on the Court of Nisi
Prius. The constitutional right of the Legislator from
time to time to establish "other court than those enume
rated in the Constitution" is express. Article 6, section I
ot the Constitution. Under this authority, this oourft, with
its general jurisdiction, was established. . .
- M ilhons worth of property bave passed under the adjudi
cations of this Court, and every species of rights, of person
and property, have, been definitively settled by it judg
ments, and are constantly being settled. To doubt it
common law jurisdiction would be to unsettle innumerable
titles and estates in this city, as well as elsewhere. Trans
cripts of its judgments bave been certified into almost
every county in this Commonwealth, and into most ef the
States of the Union, under the seal of the
Supreme Court, which is it seal . . attested by
tbe Prothonotary of the Supreme - Court, who
is its Prothonotary and certifying officer, without a ques
tion made of the conclusiveness of or the alteration of
such records. It is Court of well defined and general and
original jurisdiction, to be presided in by the judges of the
Supreme Court singly or otherwise, as they may direct.
It is constituted of those judges and nf their officer.
It is, therefore, properly the Supreme Court at
Nisi Prius in contradistinction to the- Su
preme Court in banc, but with different
iunotionsand duties to perform. It ha original jurisdic
tion at common law for the trial of issue of fact, and law
with power to enter all such judgment, decrees, and
orders as are proper in any Court of genera) jurisdiction.
In this aspect it was said by Rogers, J., in Dawson vs. Ryan,
4 W. A L., 403, "it is a distinct and independent Court,
and not the less so because it is held by one of the judges
of the Supreme Court," and in Catherwood vs. Kenn, S
Barr, S4I, the same thing in ec mrta was said by the
Supreme Court, and to the same effect is Frowenfeldt vs.
The Commonwealth, 3 Grant, 99. Opinion by Read, J.
The foregoing brief reference to the provisions and prin
ciples of the law in regard to the Court of Nisi Prius must
suffice. It is not susceptible of a doubt that it is a court
of common law jurisdiction, with a seal and a clerk or
prothonotary, and therefore, by the. express provisions of
. the Congressional statute cited, has authority to naturalize
aliens. No judge has ever doubted it, and whenever the
question has arisen, it has been promptly decided in the
afiiimative. In addition to opinion expressed
by two of tbe judge of thU Court aX Nisi
Prius last summer, in this city, in affirmance of
the jurisdiction, we have the opinion of Judge Butler, of
the Chester and Delaware Common Pleas District, and of
Judge Chapman, of the Bucks and Montgomery District,
to the same effect. They followed the line of precedents
during the period of time we have referred to, embracing
an unbroken practice of seven-tenths of the whole ef the
duration of the American Union, and for the entire period
almost under the last and present Constitution of the ex
istence of the courts since Its erection. '
All this being true in fact and law, what Is my duty in
these cases r Even if these orders bid been judgment in
regular judicial proceedings, I would be bound, for the
reasons given, to disregard them. I would not be justified
in relying on a single precedent against thousand to tho
contrary, or one judge's opinion against the uniform prac
tice of all his predecessors and his own in the exercise of
the Court of Nisi Prius, in naturalizing aliens. The con
sequence of approving such a precedent at this late day
would be to cast doubt upon the right of oitiaenship of
thousands of persons naturalized in this court, affecting
thera personally, their children, and right of property,
nd be a pretext for the disfranchisement of them by elec
tion officers and others, whenever party success might be
supposed to need it.
But these orders stand not In the attitude to command
the respect and obedience due to judicial actions. . They
are extra-judicial, resting neither on proceedings by par
ties, nor sustained by processor pleadings. In this shape
they stand as obstructions in the way of the exercise of a
set tled jurisdiction, settled by express law a well a pre
cedent. Is it right that they should so remain Tbe juris
diction of courts is conferred for the benefit of the people,
and the judges apmiinted to exercise it have no more right
to abdicate or obstruct it than to do any other wrongful
act in the name of its exercise. When , they
do, and refuse to correct the error, the remedy is with the
constitutional tribunal, the Legislature, to whom' they
niuBt in such oases be amenable. There are impelling con
siderations to the action, which I consider a proper dir
charge of duty requires me to adopt, namely, to remove
these obstructions to the accustomed action of the eourt
out of the way of it. I do it now at a time in contrast with
the date of their entry. Just now the country is at rest,
from the excitement incident to political strife. There is
no excitement; no heat. This should always be the atmo
sphere of the court, and It is with great satisfaction that I
remark that it has been so heretofore in Pennsylvania, with
very rare exceptions.
The length of this opinion precludes other considera
tions which would serve to show the propriety of the con
clusions I have arrived at, especially in relation to that
part of the order forbidding tbe Prothonotary from attach
ing the seal of the court to exemplifications of iu
records of naturalizations. To sanction such an
order in any case would have been a step towards
sanctioning it in other cases, and thus parties might
be deprived of the benefits and rights of and under the
law. as adjudicated in the courts. It would be an effec
tual mode of closing the courts against individuals, or
classes, if the spirit of evil should ever become bold
enough to desire it. The seal is the authentic messenger
of the court, and if silenced only when spe
cially ordered to speak, then would there be
danger to the people from covert device and secret judg
ments of courts. Kvery man who desires it, and i willing
to pay the expense, sliould be and is entitled to an exem
plification or certificate of the proceedings in court under
the seal of the court, attested by the proper custodian of
it, and in all proper cases it is conclusive as to what it
attests, and upon all officials to whom it may properly
In conclusion, it is satisfactory to feel that I will, by
whut I shall do iu this matter, iu no manner interfere to
embarrass, detruct from, or sad to the well-established
jurisdiction of the important Court in question ; I will only
restore, or rather relieve it from obstruction thrown in, a
I believe, without the sanction of the law.
And now, April 2M, Iff, the motion made and referred to
in the outset of this opiuion is granted, viz. : That the
orders set forth as above of the 2d of Nuvember, and uf the
Bd of November, lHtjX, lie and t hey are hereby set aside, an
nulled, aud stricken off ; and the prayers of the several pe
titioners above named are granted, and duplicate certifi
cates of naturalization uudor the seal of the Court,attettfd
by the Prothonotary, are ordered to be issued to each of
them; tlie proof of naturalization aud loss) of oertiiicats
being adjudged sufficient iu each case. ,
Dlnrriet Court, No. J Judge Hare.
Mirer vs. The Pennsylvania Railroad Company.
Before reported. Verdlet for defendant.
Thomas C. . Jiilkos vs. Kphraim Tomllnsoa An
aetion to reeiver wanes as a miller. The defease
alleged payment. Ou trial.
lllMlrlct Court, No. 4-Judge Htrwadl .
Paueoant vs. Henry. An aetion on a promissory
note. Verdlet for plaiutlir, o6hodo. - -i
Joseph M. P. l'rlee vs. Potter ,1 Jones. An Action
on a promissory note. The deeuso deuied the sart
uorsbln. On trial.
C ourt of Common I'lene-Judse Pelree.
New vs. Broekman A Loiuierback. An avmorj to
reeover for vinegar aom aud delivered. Tbe defease
alleged that the vinegar was not a merchaii WWe arti
cle. Verdiil for defendants.
Barns Hmueker vs. J. H. Phillip. An action to
recover for goods sold aud delivered. The defen- '
dant denied that be uuxekased ea bit own accviuiW
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