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Evening star. [volume] (Washington, D.C.) 1854-1972, August 23, 1864, Image 1

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V?. XXIV.
WASHINGTON. D. C.. TUESDAY. AUGUST 23. 1864. ?2. 3,583
DENTISTRY.
QBBAL DISCOVERTJM P1MIUT1T.
T*tk Bzumati wUhtm PHm wHk <*? ^
I woald adviao all mhou *??!?(
tradt to call at Dr. LEWIE* o?oe.^?
?i have them Ukii oat by tWf
ud harmloae process. Also eaU aadHUXU?
?UliM the Dector* new Tm? if
proved method of Inserting Artlflgini
k:
?3 Taht-w* SBe, No. 849. Pa. ??***??
mty *iu^.k v..*"*
M. LOOMIB,
ofUtMlNl&AL PLAT! IMT?vSl??
" rtrioireiliin/iSm? %
wttkurrtrii^ ??MsrZLttiLn$s4*^
bat to tfcOM wfco^r#
wV*VVodn?TtJi? M2HERAI. PLAT! will bo
"fcoomaw tSSeity-ijo338 Pennsylvania aventt*
Ala?. tOT Areh rt,.
S. T.?1800.?X.
Persona of sedentary habits troubled with weak
He s, lassitude, palpitation of the heart, lac :t o
appetite, distress after eating, torpid liver, con
stipation, Ae., deserve to Buffer If they will not
try the celebrated
PLANTATION BITTERB,
which are now recommended by the highest medi
cal authorities, and warranted to prodnee an im
mtdiat* beneficial effect. They are exceedingly
agreeable, perfectly pure, and must supercede all
other toniea where a healthy, gentlo stimulant is
required.
They purify, strengten and invigorate.
They ereate a healthy appetite.
They are an antidote to a change of water and
diet.
They overcome effects of dissipation and late
hoars.
They strengthen the system and enliven the
mind.
They prevent miasmatic and intermittent fevers
Thay purify the breath and acidity of the
riomach.
They cure Dyspepsia and Constipation,
They care Diarrhea, Cholera, and Cholera
Morbus.
They cure Liver Complaint and Nervous Head
ache.
They make the weak atrong, the languid bril
liant, and a~e exhausted nature's great restorer.
They are composed of tho celebrated Calisaya
bark, wlntergreen, sassafras, roots and herba, all
preserved in perfectly pure 8t. Croix ram. For
particulars, Aee circulars and teatimonials around
each bottle.
Beware of imposters. Examine every bottle.
See that it him D. 8. Barnes' signature on our pri
vate U.S. Stamp over the cork, with plantation
scene, and our firm signature on a fine steel plate
engraving or side label. Bee that our bottle is not
refilled with fpurious and deleterious stuff. We defy
any person to match the taste or character of our
goods. Any person pretending to sell Plantation
Bitters by tie gallon or in bulk, ia an impostor.
We sell only in our log cabin bottle. Any person
imitating this bottle, or selling any other material
c?aio4 Plantation Bitters or not,
ii a criminal un<l?r the U 8. Law, and will be so
prosecuted by ns. We already have our eye on two
partiep re filling our bottles, Ac., who will succeed
in jetting themselves into close quarters. The
demand for Drake's Plantation Bitters from ladies,
tiergymen, merchants, Ac., is perfectly incrediblo
The simple trial of a bottle is the evidence we pre
?ent of their worth and superiority. They are sold
all respectable druggists, grocers, physicians,
lotelf, saloons, steamboats and country stores,
P. H. DRAKE A CO.,
au(2-e<>3in 202 BROADWAY, N. Y.
w
JV O X I o B .
BUM A c the public are hereby nottdea that ali
kitchen offal will be removed fom their
tiT? dwell.Dies once a day unti. the 1st October
next, ai d allVmsekeepers are herebynotified to
Slaee T*s*elB sufficient to contain such offal, and
easily handled, in the rear of the.r several prem
iss wiien accessible to the garbage carta, and
when not accessible in the roar, tbjn.at a place
most convenient. ,
Commissioner Fust Ward;
JAS. W. BPALDINQ-,
Commissioner Second Ward:
JOHN T. GARNE't,
Commissioner Third Ward;
WM. DOUGLASS.
Commissioner Peurth ward;
WM. H. HAMILTON,
Commissioner Fifth Ward;
? W. A. FLBTCHER,
Commissioner Sixth Ward;
JAS. H. BIRCH,
Commissioner Seventh Ward.
N. B. All offal of other kinda will be promptly
removed by notifying the Commissioners of the
same. le 28-law2m
JOBBFH REYNOLDS A 00,
FLVM.3XBS, OAS, AND BTKAM FITTERS,
No. ?00 Kim Stuit, near avenue.
Have Juat received, and will constantly keep on
hand, tae 1argest aud beat atuiortmeut in tae city
of Chandeliers, Brackets. Drop Lights, Portables,
blass Globes. mica and other Shades, and all arti
ei?? in thialii.e. from the beat establishments in
B?w York, Philadelphia, Ac., which will bo aold
on the most reasonable terir-a.
Alao, RANGES, 7URNACES, and Fire-Board
?to vat.
We?.re prepared to furnlsk the boat RANGB la
Bse ar ywnere. on very reasonable term J. Hotel*,
Xestaoranta. Ac., are invited to call.
We do all kinda of OAS and STEAM flttaga
Jromptly and cheap, aa alao everytu ng In the
LU'BBING line in the moat satisfactory manner.
Call and aoe onr Bathing Tuba, Fountains Water
floeuts. Wash-stands, Basins, Ao., Ac., at No.500
| Ninth atiwet, near Pennsy lyanla avenue, the largest
1 establishment in the city. fa 2;eotf
|MPORTANT TO SUTLERS
8UTLER8 WILL FIND
H. A. DOWNING A CO.'8
(JOB OMNTMATMD O L A M
TO BE A MOST VALUABLE ARTICLE TO
THEIR TRADE,
It aella very rapidly, and la the moat economical
fcrticle of diet for the offloer'a meaa. It ia prepared
in one minute, and makes a moat deliciou* Bbup or
Ckowder. It la kigkly recommended by Ara
Burceona. The profita are largo.
H. A. DOWNING A 00.,
Manufacturers of Ooaoontrated Food
No. 111 East 18tb at., Hew York.
For sale by BARBOUR A 8BMMBS, Solo Agoata,
6# Louisiana Avenue,
aeHy Washington. D. 0
TBE N1W INTERNAL REVENUE LAW, ap
* proved June*', W64. ? ? _
Vttnoe; with translations from the German. By
Hooper ?
Brand, of the "Centipede." Br Capt.
- n? Atlaatic Monthly for Auauat.
Ladder af Life. By Amelia E. Edwards.
,.*?anee Dering. By the author of "Guy Livmg
klliott's Manual for Cavalry.
"^??ay Anecdote Book. ,
heecher's Religioas Training of Okildroa.
volliiu' YotaiK down the Amoor.
-h 28 FRANCE TAYLOR.
RILLIARD TABLES TOR BALE.?The Shbefflri
|) her haa THREE PIEST CLASS > ? 1
BILLIARD TABLES, nearly new,
whleh he will diapoao of very low.
? lntnire at the Billiard room, eoraor ? " *
lltb street tad FeaaaylvaaU avaaa*. MU-tt
PERSONAL.
"PERSONAL.?WM. PRINCE. 381 F street,oppo
-T site the Patent Of&oe, is the only one in town
who does FLUTING, having three very elegant
machines now in operation. Ladies who desire
this very fashionable trimming should give hint a
call. Stamping in all its varieties elegantly done.
Stamped Goods, Braid and Bilks for sale, an 12 tf
^LL SLdUBU CDKEDPE1VAT1 SAT0M
ARRIVED FROM PARIS NINETEEN WEEKS
AGO.
DR. BBCHTINGRB, formerly Surgeon !?
eharge In the Austrian and Italian army, oc
cupied himself with thg treatment of all kinds of
diseases. Particular attention given to Female
Diseases and Private Diseases. Besides the knowl
fdge or three old languages, he conversee in Eng.
lish, French Italian, German, and Spanish lan
guages. His Imperial Commissions ana his Diplo
mas from the most celebrated university of Europe
i? hii office, No. 499 Seventh street. Dr.
Beehtinger ia very much encouraged to have during
this very short time the patronage of the public of
Washington, as. among many others not pub
lished, the following certificates may be attested:
" This iB te certify that I have been troubled for
the last three vears with a chronic disease, resist
ing all medical treatment, and which through the
aid of Dr. Bechtinger; I have been perfectly cured.
"Washington city, 1st June, 18?4. G. DONE."
" Tour treatment of my involuntary discharge
and your success in it, recommend you very high
ly. T. L. SMITH."
What German newspaper, (Weker Columbia.)
?ays:
After a long sickness my poor ehild became
dropsical, in which time I call to you, dear sir, and
you saved him. MASCON Sc R.
B street, No 298."
"I had tried all specifics, without any effect,
against the ehrenic lung disease of my eldest son,
until nnder your treatment he improved
"Marylandav., 12th st. MULLKR. Painter."
All these and many other very difficult eures
have been made by Dr. B. in the above specified
time. Regular office hours from 9 toll a. m., and
4 to tf p. m. For the poor and unfortunate posi
tively only from 11 to 12. Medicines Without
charge. No. 499 Seventh street, opposite Odd
Fellows'HalL au 10 lm?
FEMALE COMPLAINTS receive partiular atten
tion at Dr. DARRY'S Office, 492 7th street
between D and E. Those in need ef a confidential
adviser can be suited by calling 6n him. au5-lm*
?>RIVATE COMPLAINTS Are treated, either
JL personally or by letter, at Dr. WOOD'S Office,
498 7th street. Separate rooms for patients. Of
fice open day and night. au fl-lm*
ADAME AHOLIAB WOULD RESPEOTFUL
ly announce to her friends and the public
M
generally, that she is now settled permanently in
house No. 349 C street, between 4X and 6th sts..
Island, where she is prepared to read, to all who
require it, the Past, Present and Future. Being
an impressed medium, she is able to advise and
counsel with safety npon all matters; especially
business matters; er in fact, anything of import
ance. Ladies 75 cents; Gentlemen *1.25. Can be
consulted from 8 a m. until 9 p. m. &u 5-2w?
FT*XTRAOBDllrAftY"POWKR. Mrs L SMITH,
J-i Clairvoyant ana Test meaium. 252 4th street,
a few doors above I street, with the aid of spirits,
examines all kinds of diseases, sees your dead and
living friends; describes them, gets names; tells
character: reads the future. Advice about bnsi
ness. Sitting f2. JylS-lm*
TRAVELERS7 DIRECTORY.
Bcape mat.
T RAILROAD FROM PHILADELPHIA FROM
WALNUT STREET PIER, |
VIAWEST JERSEY RAIL
At tf a. m., accommodation dae at lojf a. m.
At 10 a. m., express due at IX p. m.
At 4% a. m., express due at 8 p.m.
Returning, leave Cape May
la. m. express due ai 9>* a. m.
11.45 accommodation due at 4>% p. m.
1.10 p. m. express due at 8^ p.m.
Through without ehange of ears or baggage,
New cars, and everythingfirst-elass. a vt
Je 20-3m J. VAN RENSSELAER, Supt.
BALTIMORE AND OHIO RAILROAD.
On and after Sunday, June 19th, 18*4, Daily Trains
will be run between Washington and New York
and Washington and the West, as follows:
FOB PHILADELPHIA, NEW TOBK AND
BOSTON.
Leave Washington at 7.90 a.m., 11.15 a.m., and
8.90 p. m. daily, except Sunday.
On flnnriav at ft.M) ? m.nnl* .
FOB BALT1MOBE AND PHILADELPHIA.
Leave Washington at 3pm. daily, except Sun*
^Vaosengers will note that this train runs as fa*
as Philadelphia only.
? FOB NEW TOBR.
Leave Washington daily at tf.98 p. m.
This iroifi is for iVetu York p&sstHftefS ixclusivilf,
FOB BALT1MOBE.
Leave Washington at 8.30 a. m.,11.15 a. m.,3 p.
m., 4.45 p. m., 7.30 p. m , and 8.30 p. m.,except Sun
dftTt
On Sunday at 7.SO a. m ., 8 p- m > and 8.30 p. m,
FOB ALL PABTH OF THE WEST.
Leave Washington at tf.3ft a. m. and 3,4.45 and 8JO
p. m. daily, except Sunday.
On Sunday at 3 and 8.30 p. m
Tickets sold to all points WEST, and baggag?
checked through.
FOB ANNAPOLIS.
Leave Washington at C.30 a. m. and 4.46 p. m.
daily, except Sunday.
No train for Annapolis on Bunday.
Trains leaving Washington at 7.3ft a. m. and
8.30 p. m. go through to New York without chant?
?'s<leeping ears on 6.3ft and 8.9n p. m. trains. Berths
can be secured uutil 5 p. m. daily at the ticket of
fice. After that hour they must be secured of the
sleeping car conductor.
The first and fifth trains stop at all way points.
The 3 p. m. train stops only at Bladensburg,
Beltsville, Laurel, Annapolis Junction and Relay
House daily, except Sunday.
On Bunday it stoes at all way points.
PARTICULAR NOTICE.
Passengers will pl^aae observe that the 9 p. m.
train runs only as far at Philadelphia daily, extert
Sunday OnSundayitrunato Baltimore only. Also,
that the 6.30 v. m. train takts Niut \ork ratsengert
?*For further information, tickets of any kind,
Ac . apply to GEO. 8. KOONTZ, Agent at Wash
ingtontor at the Ticket Office.
V P. SMITH, Master of Transportation.
L. M. COLE, General Ticket Agent. Ie20 tf
G
HEAT PENNSYLVANIA ROUTE
torn
NORTHWEST AND SOUTH*Bit
ON AND AND AFTER NOVEMBER 1?TH
trains will leave Baltimore from the North Cal
vert Station as follows:
Vast Mail it ?? ? ?? *> A. M,
Harrisburg Accommodation3.0ft P. M
Lightning Express ?? ?P. M.
THE 6 30 A. M. TRAIN FROM WASHINGTON
connects with the9 20 a^ m traan from Baltimore
for Pittsburg and the West,and forElmira,Buff
So, JuEhestSr, Dunkirk (Janandaigua, and Ni
Hjara Fall?. and for New York city.
THE 7.20 P. M. TRAIN FROM WASHINGTON
connects with the 9.30 p. m. tram from Balti
more for Elmira aud the North and Pittsburg
and the West.
BLEEPING CABS ?N NIGHT TRAINB.
Soldibbh' Tick*" at Govbbkmmnt Ratis.
ONE THROUGH TRAIN ON SUNDAY.
LOW FARE AND QUI.CK TIME.
terror tickets and any information apply at the
offiee of the Great Pennsylvania Route, corner
Penn. avenue and 8 th street, under National Hotel,
Washington. J. N. DUBARRY,
Superintendent N. C. R. k.
E. J. WILKINS,
Pus and Ticket Agent, eor. 6th st. and
Se 9-tf Penn. avenue.
THE SUPREME COURT OF THE DISTRICT
OF COLUMBIA, holding a District Court of
the United States for the said District.
To all tchom it may concern, greeting:
Notice is hereby given, that on the 2d day of Au
gust, 1864, the schooner L. B. Cowperthwaite, tac
kle and apparel, furniture, Ac., were eeis*d for
violation of the Revenue Laws by the United
8tates Collector of Customs at Georgetown, D.
C., and brought the same into this District for
adjudication; and the sam? are libelled and pros
ecuted in this eourt. in the name of the United
?UUs, for condemnation; and have been arrested
.5 ?***bal for the reasons in tne libel stated;
f?*t said cause will stand for trial at the City
Hall, id the! citv of Washington, on the first Mon
or "Ptember next, when and where all per
ilWw,Q,e<1 to appear to show cause why con
!honld not be decreed, and to inter
vene for their interests.
hJ**- R. J- MEIGS, Clerk.
3-2&wtd
0!LT1?B ATTACK and DEFENCE OF
v oat-potts; London.
don.
dOD ,*>?. Lon
Lendy' Fortification; Lend o?.
Mahan's Field Fortification.
Duane1* Manual for Engineers.
an 3 FRANCK TAYLOR.
^?APTAIN BRAND, OF THE "CENTIPEDE;"
His Levee and Exploits. By Oapt. H. A. Wise,
?' V-W'UU"Urt"?'"iA?0? TiTLOl
AMUSEMENTS.
CANTERBURY HALL.
HMA8L?L )canterbur? hall:} th12?sr
Loci bias a Arim,
Asar Comer of Sixth street, Rear of National and
Metropolitan Hauls.
Giohi Lia . Proprietor
W. E. CaTA*AC0??_
EIGHTH WEEK Of SUMMER SEASON.
THE MODEL TROUPE
IN A
SPLENDID BILL THI8 WEEK.
COMIC.
ORIGINAL,
mirthful,
ENTERTAINING.
*' Again we eome with magic glee,
Prom saddening cares year minds to free ?
To swell each neart with gladness now.
And drive dark snadowafrom your brow,"
NO DIMINUTION IN ATTENDANCE.
EVERYBODY DELIGHTED, ACTUALLY
CHARMED.
CRITICISM CHALLENGED.
The whole strength of
THE DRAMATIC,
OLIO,and
pantomime COMPANY
BROUGHT INTO requisition.
CHANGE OF DANCES,
CHANGE OF OVERTURES,
CHANGE OF PANTOMIMES,
CHANGE OF FARCES,
CHANGE OP SONGS,
CHANGS OF BURLESQUES,
CHANGS OF BALLETS,
CHANGS OF everything.
EVERY ACT ON THE BILL
Carefully selected to suit
REFINED akd DISCRIMINATING audiencs.
Second week of
AGNE8 sutherland.
AGNES SUTHERLAND,
AGNES sutherland,
AGNES SUTHERLAND,
AGNES buthsrland,
AGNES SUTHERLAND.
Who will sing favorite Scotch Ballads,
First Week of the Grand Floral Divertisement,
Arranged by
mons. LOUIS SZOLLOBY,
Entitled,
THE GARDIN OF PLEASURE,
THE GARDEN OP PLEASURE,
TUB GARDEN OP PLEASURE,
THE GARDEN OP PLEASURE.
DANCES incidental :
Grand Adaieo, by Misses Ella, M&ry,and Lizzie
Wesner, and Maggie Wilson.
LaClavelle Misses Wilson and Viola.
La Pansais? Miss Lizzie Wesner.
* 5????~ - Miss Mary Wnner.
La Tulip....... ?.? Miss Ella Wesner.
La Garlande? By all the Corps de Ballet.
MISS SALLIE 8UNDERLAND,
MISS SALLIB SUNDERLAND,
MISS SALLIE SUNDERLAND.
The Qaeen of Song.
The Celebrated Ethiopian Duo,
MULLIGAN,
MULLIGAN,
MULLIGAN,
MULLIGAN,
MULLIGAN,
MULLIGAN, and
west,
west,
west,
west,
west,
In their Negro Peculiarities.
dougherty,
DOUGHERTY,
dougherty.
WILLIAMS,
WILLIAM'S,
WILLIAMS, and
Seddbn,
SDDEN,
REDDEN,
In an entirely Hew Burlesque, written by H, W.
Williams, entitled the
YOUTH WHO never SAW A WOMAN.
The Entire Company of
COMEDIANS,
comedians,
COMEDIANS.
PANTOMIMISTS.
pantomimist8,
pantomimists,
NEGRO DELINEATORS, AO.,
NEGRO delineators, AC.,
. NEGRO DELINEATORS, AC.,
IN A TREMENDOUS OLIO NIGHTLY,
POPULAR FAMILY MATINE5.
POPULAR PAMILY MATINEE,
POPULAR PAMILY MATINEE,
POPULAR PAMILY MATINEE,
POPULAR PAMILY MATINEE,
ON
8ATURDAY apternoon,
SATURDAY afternoon,
8ATURDAY apternoon,
SATURDAY apternoon
SATURDAY apternoon,
AT 3 O'clock.
AT 2 O'clock.
AT 3 O'clock.
AT 3 O'clock.
AT 3 O'clock.
MbImIw ? ... fO SI
Orch?tra .hi . M
Private Bo zee, holding six peraona ? I M
Tickets for sale at the principal Hotels aad Bel
tmranta. ,
Soon open at ? e'oloek;
ee at 8 o'aloek.
Council Proceedings, August 23 ?Board
of Aldermen.?The only members present were
Aldermen Bait, Canfield, McCathran, Noyes,
Plant, Tnrton, and the President, Mr. Brown.
No quorum, and an adjournment was bad un
til this evening?me charter requiring that in
case of no quorum at a regular meeting an ad
journment must take place {Tom day to day
until a quorum be obtained.
Board of Common Council.?The Board was
called to order by the President, (Mr. Lloyd,)
all the members present except Messrs. Dud
ley, Skirviag, and Walker.
A communication was received from the
Mayor, enolosing an opinion from Jos. H.
Bradley, Esq., corporation attorney, as to the
power of the corporation to restrict the pas
senger railroad companies to carrying no more
passengers in each car than they can accomo
date. The communication is as follows:
R. Wallach, Esq., Mayor, dec. :
Si*: I beg leave to transmit through you to
the Common Council my reply to a resolution
passed by them August 1, 1964, and trans
mitted to me by their secretary on the 18th
inst., together with the resolution itself.
One o?the great objects In the creation of
municipal corporations is the power to make
police regulations for the preservation of life,
property, and good order And we find in the
'2d section of the amended charter of 1848, in
addition to the general and comprehensive
powere over police matters contained in the
charter of 1820, and as though it was desired to
remove all doubt upon the subject, the grant
following:
They "shall have full power and authority
to make all necessary laws for the protection
of public and private property, the preservation
of order, the safety of persons, and the observ
ance of decency in the streets," <kc., <kc., and
lor the punishment of persons guilty of public
profanity and prostitution.
Here, then, is the most comprehensive pow
er to pass all laws, not only for the protection
of public and private property, but also for
the preservation of order and the safety of per
sons in the streets.
The last sentence in the 1st section of the
charter of the Washington and Georgetown
Railroad Company is :?Provided, That the use
and maintenance ol said road shall be subject
to the municipal regulations of the cities of
, Washington and Georgetown, respectively,
within their several corporate limits," &c.
So far, then, as those municipal regulations
are "necessary for the protection of public and
private property, and the preservation of order,
the safety of persons, and the observance of de
cency in the streets," &c., there can be no ques
tion of the power of the Cerporation to pass, or
the obedience of the railroad cempany due to
such laws.
The only question is whether the proposed
legislation Is embraced within any one of the
powers above enumerated, and, if so, what
legis lation is necessary to efi'ect the object in
view.
In my judgment the Corporation has the
power to regulate the number of passengers to
be admitted into a streetcar, both on the ground
of preservation of order and the safety of per
sons in the streets. There ought to be, and
there does exist, in the Congress such a power,
and th?jy have in these terms delegated it to
the Councils. It is as necessary as the power
t? regulate the number of passengers in an om
nibus, or to pass any laws to prevent cruelty
to animals.
But in respect to the preservation of order,
and the safety of persona, such power is more
necessary than either of these. There can be
no order and little safety in such conveyances,
if they are allowed to be crowded to excess, so
that the platforms and passageway, as well as
the Eeats, are filled, and men hanging on the
steps, as is sometimes the case.
But the limitation on the exercise of the
power is, that the law shall be necessary to
effect the end designed, and the difficulty will
be fonnd in fixing the number which may be
admitted to the car. This is a matter of detail,
and may be adjusted by a conference with the
officers of the company. The company them
selves, considering the numerous cases of pock
et-picking, the gross acts of rudeness and in
decency which have resulted from the crowded
state of the cars, the great inconvenience to
which ladies especially are often subjected by
the same c&noce, an?i a variety of other in
cidents with which they are daily made ac
quainted, would probably apply a remedy, or,
at least, unite with the Councils in providing
one. I am, sir, your most obedient servant,
August 19,1864. Josbfh H. Bradlkt.
Also, enclosing a communication from the
Commissioners of the Asylum, in reference to
the repair of the roof of the building. Laid over
informally.
Also, one from the Mayor, enclosing corres
pondence between G. S. Gideon, Esq., Presi
dent of W. <fc G. R. R. Co., W. B. Webb, Esq ,
Superintendent of Police, and himself, in rela
tion to running the Btreet cars on the Sabbath.
Ordered to be printed on the journal, and re
ferred to committee on police.
Also, a communication enclosing the follow
ing correspondence:
Mayor's Offick; Citv Hall, Washing
ton, I>. O., August 2*2, 1664.? To the Board of
Common Council?Gentlemen : I have thehonof
to enclose herewith a communication from the
Corporation Attorney, stating that the Corpo
ration have no power to make improvements
in conformity with the provisions of the act of
Congress approved May 5, 1861.
Very respectfully,
Richard Wallach, Mayor.
Washington, August 17, 1861.?R. Wallach.
Esq , Mayor, die.?Sir : Your communication of
the 14th instant, accompanying a copy of an
act passed by the Councils to grade and pave
F street north, inquires whether "the Corpo
ration has power, under the act of Congress of
May 5, 1864, to execute the enclosed act by as
sessment," &c.
Since then a resolution passed by the Board
of Aldermen, which appears to have been
passed as far back as the 26th July last, has
been sent to me, making, in substance, the
same inquiry.
I beg leave to answer both in this reply, and
that you do me the favor to transmit it to the
Board of Aldermen, as my answer to their re
solution. ?
The act of incorporation of 15th May, 1820,
in the first clause of the 6th section, gives the
Corporation power "to lay taxes on particular
wards, parts, or sections of the city, for their
particular local Improvements." This is a
general power to be exercised by the Corpora
tion, or not, in its discretion. It then proceed*
in the next clauBe of the same sentence to grant
a specific power, which it cannot decline; that
is, it is imperative upon the Corporation,"upon
the application of the owners of more than
one-half of the property upon any portion of
a street, to cause the curbstones to be set,"
&c.; and, "upon a like application, to cause the
carriage-way of any portion of a street to be
paved, or lamps to be erected thereon, light
the same, and to lay a tax on such property
not exceeding the whole expense thereof in due
proportion, on the lots fronting on such por
tion ol a street," &c.
The only other power to be found in that
charter relating to streets, is in the 7th
section, in these words: "To open and keep
in repair Btreets, avenues, lanes, alleys, drains,
and sewers, agreeably to the plan of the city.*'
There was no specific provision for the taking
up, relaying, and keeping in repair either the
paved sidewalks or carriage-ways, and the ex
pense thereof necessarily fell on the general
funds of the Corporation,
In the 2d section ol the amended charter of
1848, this last-mentioned defect of power is
remedied, and provision is there made as fol
lows: "To take up and relay foot pavements,
and paved carriage-ways, to keep them in re
Balr, and to levy and collect taxes lor paying
le expenses thereof on the property fronting
on such footways and carriageways."
It might, with great plausibility and force,
have been contended that the original grant of
the power to lay the foot and carriage ways,
necessarily carried with It the power to relay
and repair, and to charge the expense thereof
to the parties originally bound for the making
of them, and at whose Instance they were
made. But Congress has put its own Interpre
tation upon it, and limited it t<x the precise
terms of the grant. It is but another illustra
tion of the rule which limits very narrowly
the power of Corporations in the imposition
of taxes to the very purpose defined in -ne
charter. * ,
This Jeft the question as to the power of tne
Corporation to pave streets at all, except upon
the application of the owners of more than hall
of the property fronting_on th? street, just
where it had always be*n, a debatable I11?**10?'
bnt probably owing to the words in
granting the specific power, and thetr, locali
ty in tfc?.8th section of the act of ism of
May, 1620, not to be admitted in favor of the
P?However that may be, Oongnfe atits last
res si on, and in the actia question, have settled
the matter. If they had power under the act
15th May, 1840, or the act of 1348, to pave the
carriage-way of streets, of their own motion,
and in the language of the 6th section just
quoted, "to lay taxes on particular wards,
parts, or sections of the city," to delray the
expenses thereof, the first section of this act is
wholly useless and futile. If they had not snch
power, this section in the plainest terms givee
it to them. The words are " shall have full
power and authority" to "lay taxes on partic
ular wards, parts, or sections of the city for
their particular local improvements," [these
are the very words of the act 15th May, lsao,)
" and to cause the curbstones to be set, the toot
and carriage-ways to be graded and pared,
?&c.,' and the necessary sewerage and drainage
facilities to be introduced," Jcc , Jcc, and to
pay the eott thereof out of the fundi of the ward in
which tuck improvements tha.ll be made. Then tbe
power to do these things, or to do them and
pay for them out of the ward fund did not
previously exist. If so, it was a questionable
power. This act removes all doubt The
powers are given in the most unmistakable
terms. Nor is the power itself given in more
distinct terms than tbe fund out of which the
expenses are to be paid is defined. Tbey are
'?to pay the cost thereof out of the funds of the
ward in which such improvements shall be
made." As if to remove all question on the
subject, and to show that this is the grant of a
general power to be exercised at the discretion
of the Corporation, for the general good of the
corporators, and to be paid for as the grading
of the street, and not for tbe benefit of private
parties, and to be paid for by them, they imme
diately add, "This provision shall not be con
strued as repealing, but as auxiliary to, the
power they already possess to make local im
provements on tbe application of the owners of
property benefited thereby." The one is a
power to be exercised for the general good at
the discretion of the Gouncils, and to be paid
lor out of the public fund of the ward; tbe
other is a power which they mast exercise on
proper application, the expenses to be paid by
those benefited thereby.
The law submitted for my opinion cannot
be executed unless upon the application of the ,
owners of more than half the property fronting i
on the street to be improved.
I return herewith the copy of the law sent
by you to me, with my opinion that under the
act of Congress above-mentioned, the Corpo
ration has not power to assess the expense of
the proposed improvement cn the property
owners, whose property is benefitted thereby.
With great respect,
Joseph H. Bbadlev,
Attorney for Corporation of Washington.
Also enclosing the correspondence in refer
ence to stoppage of works on the new Centre
Market, ordered to be printed.
Also a communication from the Register,
stating in reply to the remarks of Mr. Moore
at the last meeting, that he had not received
any communication calling for information.
The following were presented and referred:
By Mr. Owen?Petition of John Brown. By
Mr. Lamer?Bill appropriating 515,000 for the
erection of a school building in the northern
part of the 2d District, above New York ave
nue and west of 7th street: making an appro
priation to supply a deficiency for grading and
gravelling B street north, from 6th to 7th street.
By Mr. Ferguson?To Increase the salaries of
the Secretaries and Messengers of the two
Boards; to increase the salaries of certain
officers.
The following were introduced and passed:
By Mr. learner, bill making appropriation for
tbe repair and painting the roof of the Asylum;
to take up and relay gutter on the east side of
10th street, from New York avenue to K
street; resolution requesting Secretary to have
the journal ot the 61st Council printed in the
same form as the journal of the present Council
is being printed. *
Mr. Larner reported a bill to improve alley
in square 455,passed.
Mr. Pettibone from the committee on elections
reported that they had examined the credentials
of the members and also the tax books and found
that the names of two of the members, Messrs.
Marche and Dudley, did not appear on the tax
books. The whole subject was recommitted in
order that the committee might make some rec
ommendation relative to the subject.
Mr. Stevens (police committee) reported the
bill introduced some time since by Mr. Wilson,
requiring persons to have privies attached to
their dwelling houses. Passed.
Also, adversely on the petition of James Ful
lalove. Committee discharged.
Mr. Moore, from the committee on schools,
reported a resolution authorizing the trustees
of the 3d District to establish two primary
schools instead of one primary and one sec
ondary school. Passed. Also, a substitute
for the bill authorizing the sale of the material
In the school house at the corner of 3d street
-west and D street south, which authorizes the
erection of a school house on the site, of two
stories, appropriating $2,500, besides such sums
as shall be realized by the sale of materials in
the building. Passed.
Mr. Swain, from the committee on the canal,
reported back the annnal report of the com
missioner, which states the amount received
during the year, ending June 1, 1S61, from
wharfage and rents, to be $555,415.
The special oTder, the bill amending the act
establishing the 6team paid fire department,
was taken up, when Mr. Lamer offered a sub
stitute amending Unoriginal bill, by pro
viding that there be four steam fire engines,
one of which shall be located in the Northern
Liberties.
Mr. Wright thought the amendment unjuit,
and asked if the Council was to locate the
engines why not dispense with the commis
sioners!
Mr. Larner thought the commissioners had
ignored tbe larger portion of the city.
Mr. Peugh thought that the commissioners
had not located the engines judiciously?one
on Capitol Hill, another near 12th street, and
the other in the First Ward, when it was a
well-known fact that on Pennsylvania avenue,
between the Treasury and the Capitol, the
plugs were amply sufiicient. He thought that
one was needed on the Island.
Mr. Wright stated that there was no water
on the Island, and that it would not be long
before the Government would have an engine
at the Arsenal.
Mr. Peugh thought then that one engine in
the lower part of the city should be removed
to the northern part of the city.
Mr. Moore endorsed Mr. Peugh, and stated
that at the recent fire on 7th street the Govern
ment steamers were on the ground within ten
minutes from the alarm.
The motion to place one of the engines in the
northern section of the city was adopted?yeas
11, nays 5.
The bill was then referred to a special com
mittee, composed of Messrs. Ferguson, Wilson
and Marche. Adjourned.
GRANT.
Friday's Fight ?n the Weldon Railroad?
Highly Interesting Details?Estimate of
our Losses?The Rebels Severely Pun
ished?Another Attack Made?Enemy
again Repulsed.
[Correspondence of the Chronicle.]
The Yellow House, Aug. 20. p. m.?Here
is a summary of the movement which gave us
possession of the WeldOty railroad. 'Thursday
morning the 5th corps marched to the left.
Their destination was the present position; tbe
object of the march, destruction to the railroad
communicating with North Carolina.
The small command of cavalry in advance
captured or drove off every rebel this side of
the road. Very few shots were exchanged. A
few cavalry videttes only opposed oar pro
gress. If a surprise was designed it could not
have been more successful.
Griffin's division first reached the road, ana
immediately began to tear it up, making bMast
works of the rails and sleepers. At. this place
the command halted for rest .
Near noon the rebels made their appearance.
Mabone's andHeth's divisions were rushed up
on the double-quick. They attacked us in
stantly, impetuously. Ayers' division seemed
about to be overwhelmed, when Hoffman s
brigade of the 4th division came bravely upon
his left, and offered the rebels stout resistance.
Tbe Purnell Legion, composed of Maryland
erg, for a moment received the heaviest portion
of the shock, but soon recovered from the mo
mentary confusion into which they were
thrown. Crawford upon the right, and Avers
unon the left, now advanced their line simul
taneously, swinging it around and forward so
as to take longer and stronger grasp upon the
road, for which the enemy now exhibited great
anxiety. It was here the gallant Flerson,
lieutenant colonel of the 39th Massachusetts,
received a mortal wound, and many brave
lellows belonging to the 2d and 3d divisions
were placed hort du combat. Scarcely a month
has elapsed since 1 performed the melancholy
daty of furnishing you with the particulars of
Col. Davis's death. He commanded the 39th
Massachusetts. One evening, while quietly
sitting in his tent, a shell came whistling along
and burst under the chair whereon he sat, kill
ing him almost instanUy.
At last we hold the Weldon railroad. That
night, Thursday, we built breastworks of the
soft mud. All night the rain fell drearily.
Next day, until 10 o'clock there was very lw?
firing. Between 10 and 11 a. m., the enemy ?lt
I the lis* In front of the Veteran R,,.r_^ m
Mrtikimnk iBMtd, which lasted ISZTJi
Ml honr, and then died oat. It mi boob
Wilcox's diviekm o? the 9th oorp* Bad taken
Bp a position near the wood*, upon the extreme
right of the line. Owl Bragg s brigade or tBe
4th division Iras slightly advanced as skir
mishers. Then came Crawford's division?
Wheelock's Brigade in the center, Lyle and
Hartaftorn, with their respective brig idea, on
either side. At this point ran the railroad,
upon the other side was Ayer'a division and
the td brigade of Cutler's division, drain's
and tne balance of the 4th division following.
_ 4 and 5 o'eloek the enemy came
with a tearful force. Volley
?Kd IOI,?y? failed to destroy the 1m
w?',? thj? rek*l? had acquired in their
.'v , ^rtrmnfl on the right, and HamohMv
on left. Bad their brigades closely anlted
and successfully resisted and foiled evervef
fort of the assailant, to penet^tt*r^<mt
WM but Precursor ot th? coming con
flict. A simultaneous attack waa made on onr
entire front. Every battery in poett?? roared
forth Its dreadful, direful noteTowatd^k
threatening cloud* began to gather, andthe
White smoke of the battle Held gently ascended
In sofi pillow-shaped wreaths to plead and
propitiate. Soon the rain began to drop upon
the not heads of the combatants, and the roar
of men's cannon vied with the rumbling of
heaven's artillery. Fifty sharpshooters7 be
longing to the ?lh Indiana, were swept from
sight in less time than it takes me to write this.
The rebels had forced their way through the
skirmish line, and were deploying right aud
left, to come down upon Crawford's right and
W ileox's left. Here the fight thickened; men
grew desperate, and drew strength from the
trier?y which the battle created.
General Bragg's brigade was forced back,
and the rebels rashed upon Lvle, threatening
to devour everything. The Veteran Keserres
were swept from sight, after doing fearful elo
cution with their new Spencer rifles. Colonel
Hartshorn, commanding brigade.was captured:
Colonel Carle wounded and captured, and near
two hundred men from his brigade are mis
S1B?.
General Potter brought the 2d divlaton, 9th
corps, upon the right of Wilcox. Qea'l White
soon took position still further to the rteht
This was early In the engagement. These
troops bad just performed a wearisome march
over soft roads, yet they entered the fight im
mediately with cheerfulness and courage, hold
ing their place upon the right with great atub
bornness. The 60th regiment of Pennsylvania
veteran volunteers captured a stand ofoolors
from the 47th Virginia. Emblazoned upon Its
red, white, and red folds were inscriptions of
thirteen engagements, in which the regiment
had fought?from Bull Kun to Mine Run.
About this time Major Belcher, commanding
the 8th Michigan, was killed, and Major Hart,
commanding the 51st Pennsylvania, wounded.
A short distance to the left the 104 th New York
captured a stand of colors and some prisoners
The rebels penetrated our front, and poured
In upon the flanks of the different commands.
Men began to come to the rear with weapons
in their hands. Gen. Hayes, who connected
" the railroad, was roughly
handled. He was lately dubbed brigadier gen
eral, and commanded the regular brigade in
Ayres' division. Hayes was carried off. and a
number of his troops, y/e receded from the
clay banks, hastily thrown up in a night, ir
LheJ ?* "y Protection, they were lost.
The battle assumed the appearance of a melee.
Every one seemed to fight to kill.
Darkness was stealing oyer the field of bat
tle. The rebels strewed the ground. Here and
there they lay as when killed, their long hair
drabbled In mud, their gray clothes dripping
With blood. Being the assailants, they suffered
severely. We lost most in prisoners; they bad
many killed and wounded. Beauregard * men
Lad concentrated with Hill's corps. They de
signed annihilating, with a powerful force, a
single corps de armte., which they imagined de
tached from the main body to tear up the rail
road track. Unfortunately for the success of
their plan, three divisions of the 9th corps were
at hand, and the, salvation of Warren's com
mand waa sure. Lee has generally been suc
cessful when he comes with tremendous power
upon an isolated body of troops. This time he
failed. We lost near 1,000 men taken prison
ers, and about 500 killed and wounded. Over
100 rebel slain were found in front of one bri
gade this morning. They were interred.
A short time before dark our line was re
dressed and strengthened. It was too long and
attenuated before the fight. It was now our
turn to advance. Forward rushed our soldiers,
and back "W6nt the rebels. We rec&ptured the
works and the ground lo6t two hours before.
Wo doubt Lee desires us to leave here. It la
very inconvenient for us to remain in this Soft,
glutinous mud, but I fear we cannot accom
modate the "great Virginian." What then?
He will force us.' Oh! twice he tried that and
ri6k a Keneral engagement
at this time and place 7 Verily, no. Then we
claim the road to be ours by right of "squatter
sovereignty," lor we are now camped around
and about it. Lee is thus forced to lengthen
his line, which necessarily weakens it. He
must forgo all supplies by this route, and re
linquish this line ol egress. He has remaining
one other road. We are to-night, nearer that
than ever. He may well tremble for it. Oen.
Meade will there camp his men next. When
the Danville road is as completely in our pos
and Weldon roads, who,
i asg win succor aicuuiuua ?.
R. H. McBbidb.
Another Fight for the Weldon Railroad.
IOBTBB88 Mohroe, Angust 21.?The mail
steamer Dictator arrived from City Point at 4
p.m. with a lew additional rebel prisoners.
Heavy cannonading commenced at 11 o'clock
last night on our extreme left, with the 5th
corps, which continued until 4 o'clock this
morning, when it ceased. Heavy musketry
firing continued, however, until the mail boat
left?io a.m.
The fighting is described as of the most
spirited nature, and was the result of an attack
from the enemy, for the express purpose of re
taking the Weldon railroad. This had not
been accomplished at last accounts. The 5th
corps, with reinforcements, still hold it, and no
doubt are able to maintain their position.
FROM THE SOUTHWEST.
Active Movements ef Wheeler?He Crosses
the River Above Chattanooga?Reported
Capture of more Trains?Gen. Stedman
Only Slightly Weunded. '
Louievillb, August 28.? The Nashville
Times contains a report that Wheeler's forces
had crossed the river above Chattanooga The
report Uiat he has gone to East Tennessee is
discredited.
It Is reported a train from Knoxyille to Chat
tanooga was captured near Cleveland, and an
empty train from Chattanooga to Atlanta, on
Thursday.
The Knoxville fortifications can resist effec?
tively five times Wheeler's force.
Gen. Stedman's wound was only a slight
scratch under the eye. He drove the rebels
five miles and returned to Chattanooga.
A discredited report prevailed that the rebel
General Buckner had been killed in a recent
battle
The Tallahassee.
Halifax, August 22.?The Tallahassee was
keen yesterday on Canso, sailing North. Two
steamers passed Canso yesterday, bound
North.
AMUSEMENTS.
VARIETIES! VARIETIES!!
FYontint Pennsylvania avenue and 9th strut.
PITZ SIMMONS ?~ Proprietor.
JOHN MILLEIt .....Stage Manager.
HOUSES CROWDED NIGHTLY.
The great successful moral drama
UNCLE TOM'S CABIN,
oa
LIFE \M0NQ THE LOWLY.
Characters hy the
GREAT DRAMATIC COkPANY.
DOUBLE MUSIC HALL SHOW,
ALL Till! PRETTY GIRLS,
GREAT CENTRAL MUSIO HALL AND
THEATER,
Located on Pennsylvania avenue- Strangers can
lee it irom their Hotels?The Palace of Gift.
WEDNESDAY AFTERNOON.
3 rand Perform an ie of
UtJGLE TOM'S CABIN.
Prices, 25 and 00 cents; Private Boxes, 95.
au 23-6t*
ODD FELLOW'S HALL.
FOR ONE WEEK ONLY!
cqnxisoiNG on
MONDAY EVENING, Accost 22d.
ETURN OF THE f ATOKIIEBtl
ELLINGER AND FORTE'S
GREAT MORAL EXHIBITION.
Jnparallelled success I The Greatest Combination
of Attraction ever offered in one
EntertainmentII . . _
The three smallest human bein*s In existence.
COM. FOOTE and ?WTKB,
not half the size of Gen. Tom Thumb and wife,)
md
;he female Chara^ Dwter, a trifle taller than
These Wonders ff Nature will be assisted br the
following talented Vi?Ar?n '
jiiB.ll. C. KL"^GE|?.t ftnd
W.D.FR^&f^^rf.
Vnd Prof. C. H BB00|i8o^lnfit and pia?irt
Cards of Admission 38 Cents.
Reserved Seats y iCents.
k FOOTS,
Managers and Proprietors.
VThe Piano a?d Melodeon used are kindly
oaned hy John V Ellis. au STt

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