Evening Star Newspaper, July 28, 1857, Page 3

to them, resolved that the red tion Shela het avail to robed pee miguess they could not be exercised in the absence of themselves and the ballot-box. The commissioners testify that at the time when, in obedience to the command of the mob, the polls were thus contumaciously closed, qui- etude prevailed around and about them. But who cannot perceive that it was the quiet of arbitrary despotism’ The voters of one party had been driven away, and many of them were afraid to retori id it wax at this very period, when quiet ‘o have reigned, that the mob had further fortified itself with a cannon. Of course. as there was but one party in possession of the field, there cou'd be no conflict; but that the riotous spirit still existed, is rendered patpable by the acts of the mob upon the approach, as well as after the arrival, of the Mayor. If the presence of the mob, cor as it was, in part, of persons from a foreign city, could be tolerated. why could not the presence of the Mayar, even though he were accom] ied by 2 military police, be also tolera- le was there in the discharge of a painful daty, and the others were there in d ance of the law. If the presence of the one was xniferable, what was it that rendered the presence of the other intolerable? Your committee will not Presume to answer the question This second closing of the = consuminated the lawless work which had been so vigoronsly commenced by the riot in the morning The election, which for the three hours immediately preceding, had been conducted with so much dis- order and unfairness, was now completely broken up. Of 1135 registered voters in the precinct, only 376 had been allowed to cast their votes, leaving 762, or more than two-thirds of the voters, disfranchised. No formal or other proper notice was given, of an intention again to open the polls, and reports were quickly circulated throughout the precinct that they had been finally closed Consequently, when, at about three o’clock, the commissioners again resumed their duties, it was without the knowledge of the great body of the voters. The comparatively few who heard of it promptly mention thenssctoea of that opportuni- ty to vote; but the reports that the polls were not ‘in to be opened. had been so extensively spread, and had obtained such general credence, that in the course of the remaining four hours which could be devoted to the election, only one hundred and fifteen votes were received. These, added to what had been previously re- ceived. gave a poll of only four hundred and Ninety-one votes out of a registered list of eleven hundred and thirty-eight voters. This fact gives additional force to the testimony as regards the violence of the mob ard its effects upon the voters It is clearly established that a large proportion of them were sustrained by force from the exercise of their elective privilege. Representative government being based upon the will of the governed, whatever prevents a fair expression of sentiment is an invasion of the dearest rights of the citizen. Secusity of prop- erty, and of life itself, under our institutions, can only be attained by preserving the pyrity of the ballot-box. Any act which destroys this security renders our form of government a mockery and a cheat. There can be no difference in the turpitude of the act which destroys nan’s property and that which robs him of the right of suffrage, and itheuce becomes the duty of this Board to visit. with the severest rebuke, the lawlessness which characterized the late election at these polls Your committee, in prosecuting this Investig: tion, have had the attendance both of the sitt metuber and of the contestant Mr. Emery has snbmitted no testimor sition exce) commenced in the second precinct of the Fourth Ward precisely at the hour of seven o'clock in the morning, as is required by law. This happened, it seems. in consequence of the accidental dete: Ps ing John H. Goddard against the ad mission of Matthew G. Emery, ., to aseat inthe Board of Aldermen from the Fourth Ward, have had the matter under consideration, aud beg leave to rt, viz: we examined the tickets as returned to ister, and the returns of the Commission- find them to corres; as stated in the case of Messrs Emery and Goddard, with theex- ception of one vote, which should have been given to Mr. Goddard in the See pcre: This shows that the Commissioners of the tirst recinet were as particular in making their re- urns as thoxe of the second precinct, from which it is claimed that Mr. Goddard is entitled tothe seat in this Board, instead of Mr. Emery. The Chairman, Mr. Moore, read to the commit- tee copies of several questions, which he had asked the Corporation yee | touching this case, to which I proposed to add another, and it was refused, because, as I supposed, the answer might effect the answer to one of the questions already proposed, and thus frustrate the object desig: by said question. _ There was presented and read for our informa- tion several affidavits. The most of them were from persons unknown to your committee; which affidavits will accompany the report of a majority of the committe; some of which I believe to have no bearing on the right to a seat in this Board by either claimant, but was brought there for other and extraneous objects. I uested to have the persons who it was said had given the affidavits, summoned, that they might appear before the committee and be questioned in reference to what they had therein stated; but the chairman of the committee refused, and stated that he was op- to summoning them before the committee, for what reasons you and the community must judge. Whether t ey were to be found, or not, 1 am unable to say. It certainly could not have been because we had not time, for there was no great urgency in the case. I then asked that I might have the affidavits to look over them. When I first asked for them, the chairman replied that he wanted them himself for that purpose. At the next meeting | made a similar request, and was peremptorily denied the privilege. The affidavits that numbers of persons were seen at the Railroad Depot, and went in directions. not indicating that they were led to the polls in in the Fourth Ward, is of no value to show that they were the persons who created the disturbance ou the morning of the election; neither are those of any value whicu state that they did not go to the polls because they were afraid. The commissioners state that there was lenty of time for all persons who might have desired to vote, to have doue so, and thatall was quiet around the polls, except about an hoor in the morning, and abont the same time in the afternoon, and that they Were not molested by any persons during the disiurbance in the morning, other than that per- sons who were outside pressed through a window in the room in which they were sitting, but hear- ing the report of"tire arms, &c., outside, they con- cluded to take the ballot-box and papers, and go to Mr. [srael's(one of the cominissioners close by) until all should again be quiet; after quiet was restored they did return, and the voting was re- med and went on peaceably until the Marines cane up, and then they (the commissioners) gave notice from the window that they intended closing the polls until the Marines were removed from the ground, which they did, and after the Marines the were marched away, the polls were azain opened and every thing went on quietly until the clos of them at seven o'clock. From the evidence before the committee there 's nothing which justifies the conclusion that there would bave been any rioting or fighting in the afternoon, hud not the Marines been marched ov the ground, and I am of the opinion that to that cause, and to no other, may be traced the tion from the polls of one of the commissioners. His two colleagues, however, were at their posts, and no complaint has been made that any person ‘went away or lost his vote on account of the brief delay which was thus rendered unavoidably in opening theeiection. Your committee are, there- fore, warranted, by precedent and bylaw, incon- cluding that the accident referred to, in the ab- sence of any charge of fraud or unfairness, is not of a character that would justify the raising of a question as to the validity of the election in that recinet 7 Mr. Goddard submitted in connection with his Protest a variety of affidavits of legal voters re- siding in the first precinct, each of them affirming bis intention to have voted for John H. Goddard as Alder and Thomas W. Burch as Assessor, but that h Ss prevented from so doing by vi leace or otherwise ; and to the numerous affidavits thus submitted Mr. Goddard proposed to add others of a similar character. but he was advised by the committee that to increase their number would then be unnecessary, because, if the votes of the deponents could be le ly added to the returns of the commissioners, the atiidavits which have been presented would be sutlicient to over- come the small majority which had been re- tarned for Mr. Emery. No more were submitted But those-Defore the committee presented to the minds of its members several legal questions upon which they deemed it expedient to obtain the advice of the Corporation Attorney. His let- ter, embodying his opinions onthe points sub- mitted to him, is appended to and made a part of this report. An examination of this letter and of the testimony obtained by the committee cannot, in their opinion, fail to satisfy every member of the Board that Mr. Emery is not entitled to the seat for which he has been returned. It is no matter whether the returns of the first precinct be excluded, or the votes be counted which were there either illegally rejected or violently pre- vented from being placed in the ballot-box. In either case the effect will be todeprive Mr. Emery of the seat, and to confer it upon the contestant, to demonstrate which will require but a few words and figures If the first precinct be excluded it will leave Mr. Goddard with a majority of 93 votes the second precinet—the returns of that precinct be- ing 221 votes for Mr. Goddard, against 125 for Mr. Emer Ifthe returns from both precincts be admitted | and counted, then the vote will stand—for Mr Emery 423, and for Mr. Goddard 414; showing a majority for Mr. Emery of aiae votes. But in the latter case. both justice and law. as f the Corporation isshown by the instruction Attorney, require that twenty he added to the nambes I derd, which will inerease his poll to 411 votes, and give him a majority of eighteen votes over Mr. Emery The names of the twenty- are thus required under the instructions afore- stid to be added to the returns of Mr. Goddard are the following, viz Frederick Schacfer, who swears that he went to the polls to vote for John Hf. Goddard as Al- derman, and Thomas W. Barch Assessor, but on the ground of his being er, althongh it was well known that lie oted here for six years without being chal- and although he offered to make oath r is a native of the city of Philadelphia missioners required that he should prove the place of is birth by other testimony than his own Jobu M. Flynn, Edward Sheehy, and Ti Noonan, all of whom swear that they weut polls to vote for John H Goddard as Alderina and Thomas W. Burch as Assessor. 1 med the right of voting on the gre n of the seal of the Circuit Conrt of t "nbia Was not sufliciently plain their naturalization papers. Upon one ofthe pat- pers thas rejected, which has been submitted to your committee, the impression of the seal wus ud to be almost perfect hu Con John Connor, 2d, John Herlile Miebael Kelly, Patrick Scanlan, Thomas Hoga Johu Sexton, Timothy O*Brien. Join Connor, Peter Conian. Michael Dutty, Michel © Connell David Fitzzeraid, Core Broyuanan, James § : Jolin M. Net Matthew Butler, Tim- ael Rayan, John F. Ellis, Mi- : ilip Cronin, and John Cusick— Wear that they went to the polls to H. Goddard, for Aldennan, and pas W Burch, for As essor. but were beaten or driven off, and prevented from voting by the mob You committee have examined the li lered voters of the first pree inet i ef all the above persons duly ed thereon ‘That they are legal voters is also attired in their ven voters which at of regis- several attidavits In adtdit the atlidavits above mentioned there are nof your committee the atfidavits , ty other legal voters, who wear that they intended to vote for John H Goddard for Alderman and Thomas W. Burch for Assessor. but © prevented from se doing 1 Conseg lawful closing of the polls. As. by these deponents have f to state that they went in person to the polls and fo used. committee do not pro- heir votes * stated that eight of the tickets re- ceived at the first precinct were lost in the count for Ald #. for the reason that one had upon it the names of both of the candidates, four were Without the wame of either candidate, aud three were “Union tickets” havi upon them the name of the candidate in the Third Ward. In he second pueeinct three tickets Were voted Whieb did not y of either of the you derman. Jt will be necessary, ascertain the entire number din the the late elec joned. eleven figures hereinbefore stated as wan resolutions are recommended the Board, viz at Matthew G Emery fs not enti- ts Board as au Alderman from the vote for s The tottow; for adoption t Resoived tled to a seat the Fourth W Resolve. Vit John HG @seat im this Board as an A Fourth Ward. laid is entitled to nan from the WM Moons, Wa. T. Dovs. Mr. Clarke, from the miaowiy of tie slaughtering of good and peaceable citizens. From all the evidence presented to the commit- tee. Lam of the opinion that Matthew G. Emery and John H Goddard, 3q8., Were in the same condition, and that one had not the advantage of the other, only that Mr. Emery received the great- est number of votes, and therefore recommend that Matthew G. Emery, Esq_, -be declared enti- tled to his seat as a member of the Board of Al- dermen from the Fourth Ward. Very respectfully, your obedient servant, Ropert Crarxe. Mr. Clark said that, during the investigation of the proceedings which characterized the late election in the Fourth Ward, he had asked that several ties, whom he named to the commit- tee, might be brought forward and examined in relation to those proceedings; that he had also asked to examine the ailidavits of those persons who had alleged that they were dri away from the polls on that day, and would e voted for Mr. Goddard Lad they been permitted to vote; that this request had been denied him by the ma- jority of the committee Mr. Emery averred that he had made before the ci pumiiee similar requests, which had been de- nie Mr. Dove said that no such request had been made by the gentleman during any of the sittings of the committee at which he had heen present Mr. Emery contended that he had made those requests when Mr. Dove was present, to have those papers looked over by the minority of the committee. Mr. Dove replied that he knew of no such refu- sal; on the contrary, every facility had been ten- dered to the minority to examine and investigate the papers and hear the testimony offered before the committee. Mr. Moore said, that at the close of the investi- gation Mr. Clarke had dissented to several mat- ters in relation to the pending investigation, that he was then in the minority, and had asked to take the attidavits and the report, and carry them away with him to examine them; that he did not think it consistent with his duty at that stage of the investigation to let the papers go out of his hands; that during the several sittings of the committee he had frequently suggested to Mr. Clarke that if he knew of any persons whom he would like to have brought before the committee he would send for them. Mr. C. had named Mr. Sothoron and several others as persons who would yive some new light to the efforts of the commit- bi tee in the investigation; that he bad called on them several times, and requ 1 them to attend en the committer and information as they could ; that those gentl n had refused, fat it would injure them in their business did so. At Mr. Clarke's request he had called several times on Dr. A) McD. Davis, who who bad cach time promised toattend the sittings of the conunitiee, but had not done so; that th committee had no power to compel the attend- ance of persons; and that after the investigation was over, Mr. ©. knowing these f : Tequested the attendance of these gentlemen, and that at that stage of the proceedings of the com- mittee he had regarded this as an effort to pro- crastinate the proceedings beyond a reasonable Jimit, and as Mr. C. thoughi proper to be in the uunority he had considered it his duty to have no more delay; if those persons refused to come be- fore the committee there was no sense in procras- tinating the investigation any further Messrs. Clarke ani ery insisted that the com- mittee had not yivena chanre to the minority. Moore continued, saying that Mr. Clarke d the existence of those ous Whom its represented in the investization; he say that they were certified to by the istrates before whom their testimony had been taken; what farther proof could the gen- tleman ask? He stated further that the centle- man (Mr. Sothoron) whom Mr. Clark had de- sired to call before the committee, had stated to him (Moore) that the gang of -‘ Plugs’ had as sembled at the polls opposite to his store ato oclock on the morning of the election, and that their aspect at that time was so outrageous that he did net consider it a safe thing to open bis store, and had in fact closed it; preferring to sus- pend business operations for the day, rather than ton the risk of exposing bis goods to the lawless sang who surrounded the polis. Mr. Clarke contended that Mr. Sothoron was not requested to come befere the comm e until after the invest jon Was nearly over; and that the comunittes d take evidence r the Chair- man had refused to wait any longer for Mr. Sothoron. Mr. Moove averred that such was not the fact ; that at Mr. Clarke's request he had visited a nuinber of yentlemen, All through the investiga- tion he was interested in having other evidence from the other side; his object being to obtain, if *, more light on the subject then vending lied on the proprietor of the Fr House several times; he had refused to com be- fore the committee because he was afraid it would injure his busness; six or eight other gen- tle whom he hod called in relation to the had refused for similar reasons If theyrefused to come there could be no ood cause for wail any longer for them. Mr. Smith addressed the chair. He said that he had listened to the report which had just been read ey the chainnan of the committee on clee- Hions, but be was unable fo arrive at a conclusion which would justify the strange resolutions with which they wound up, bas ntained in the bedy of that the report be ordered with the minority report, and the accompanying papers, and laid over, aud made the apectal order for next Monday night. fe could not see what the laudations of the Mayor, the President, and the gallant officers and soldiers of the Marine corps, had to do with the right of Alr Emery to # seat, a» a member of the Board. He had not thoroughly examined the report, and thought that it would be better if the whole boa d should see the matter in print, and read it before voting to adopt it; he thoaght that he had neverseen a re- port which was so yood an exponent of the polit cal sentiments of a party as that which had bee read; he was surprised to witness such a political blindness on the part of geuth so intelligent as those on that committee; he had heard that a report of this character was to be made, but had not believed it, nor would he bave done so had he not heard it read; he hoped that the reso- lutions would not be adopted, but that it would tee. submitted the following report. wi said, he Lad been ferced to make up ina brief Manner for want of many papers and other means of information Which bad Geen deaied Lim by tt The report is as fotlows MING: ¥ Rerorr . Wasninetos, July, 1557 To the Bourd of Aldermen tet Gentlemen—The minority of the Committee on Exections to whom was referred the Protest of be left tothe people of tne Fourth Ward; letthem o into an election and decide the matter amonuy themselves; he denied 1a foto the correctness o: the Cor ion Attorney’s opinion in relation to the attidavits which had been presented in testi. mony before the committee; he learned also that Mr. Clark had been denied permission to see the report of the Committee, and that the minority repo. t wes of necessity wanting in many imateriul points, the gentleman of the an cee tae to tely upon what few facts he could gather from a oe feytwe rong eesrpeeme cress the facta in evidence, with- ut an tl i res r. Clarke had read joore that — with- bad also read t Lid requested pe ye be ‘mitted to take them away, and that (Mr. Moore) had then re- fused, believing that it was not bis duty to do so. Mr. Smith—f would like to have the two re- Ports read again. Mr. Houston, (explosively)—No! we have had ort Leper cee Let the reports be prime, to- gether with the accompanyin: pers inevidence, and give all the imeamhers tana to avail them. selves of the publication to become acquainted with the matter; and make the further action of the Board upon the matter the special order for next Monday night. He did not see the necessity for taking immediate action. Mr. Smith called the itleman to order. Mr. Honston—Well, sir, call away, and take it out in calli You have been talking away for an honr, and have not said anything. The report had been received; I want it published for my own information. Mr. Miller agreed with the Alderman on his motion to print the reports ayd papers in the case, and hoped it would be done and its consideration made the ial order for next Weteeroey: Cries of 0! make it the order for Monday Evans ho it would be ordered to be printed: he wished to examine it before taking any further action in the matter; he thought the statements contained in the report could not bear the Board out in ousting Mr. Emery from his seat. He gave notice that he wished to discuss the subject next Monday night, when he would take occasion to say some strong words in relation to the subject of the late election Mr. Dove said he was willing for its adoption without any further debate on the matter. The opinions of the Corporation Attorney were to him a sufficient guarantee of the right of Mr. God- dard to a seat over Mr. Emery, who was proven to have been ee, elected. The Corporation Attorney had said, fn his written opinion, that all votes should be received and counted where the voter made affidavit that he was driven from the polls, and that had he been permitted to re- main and deposite the same, he should have giv- en it to Mr. Goddard; that opinion was sutficient for him, and he did not see why the resolution declaring Mr. Goddard elected to a seat asa mem- ber of the Board should not at once be acted Mr, Emery said that a large number of his friends had declared to him that had they not been deterred from going to the polls in cénse- quence of their occupation by the marines, they would have gone there and vo'ed for him; that if they had been permitted to vote, his majority over the affidavits of the twenty-seven men would have been certain. Mr. Riggs asked the gentleman if those friends wee there, and driven away by the mob, like those represented by the ailidavits before the com- mittee? Mr Kmerysaid that part of them had gone part of the way, and that on hearing the tiring of the marines they had turned and gone back to their homes. Mr. Houston hoped the Board would not dis- cuss the matter further, but would come lo a vote on the resolutions If Mr. Emery had received votes enough to entitle him tqa seat in the Board, he would stay there; if not, he did not want him there. He should not vote for any man to Susupy a seat in the Board who was not entitled to it; he hoped the Board would voie on the naked ques- tion at once. Mr. Barry hoped action would be immediately taken on the report; he was opposed to postpone- ment. Mr. Smith desired to see some of the affidavits, and also to Lear the chairman of the committee, and the opinion of the Corporation Attorney; he would like to hear all the testimony which had been taken, read. Mr. Moore read several of the epee in refer- ence to the matter. He read the affidavit of Mi- chael O’Connor, in which he affirms that he was driven fromthe polls several times during the day, and that he was ia great danger of being beaten and otherwise maltreated, and was forced to retire from the polls. Mr. Smith wanted to know if the gentleman knew Mr. O’Connor; he had never heard of him before. Mr. Moore did not know him, but he knew sev- eral of the persons, and they were men of some character in the city. Mr. Smith. But do you know Mr. O'Connor; is hea responsible man or a man of straw ? Mr. Rigys said that he knew many of the men whose names appeared on the a vits, and they were gentiemen of respectability and character— as much so as the gentleman himsclf. Mr. Sinith did not doubt that; but at the same time, if he did not know Mr. Riggs. and had never seen him, and any one should ask him if he was a respectable or a responsible man, he should not say yes. He wanted to know a man before certi- fying to his character. He had no doubt that some of the men were as respectable as any mem- ber of the Board of Alderman. Mr. Miller moved to divide the question, and take a vote on the motion to postpone first, and then on the motion to print. He was in favor of immediate action. | The vote soho taken, and the motion to postpone and make the consideration of the papers the special order for next Monday evening. was lost. Ou the question being taken on the motion to print all the papers in relation to the investiga- tion it was carried. Mr. Riggs remarked that he did uot consider that Mr. Emery had a right to vote on a question in which he was persoually interested, aud quo- ted from the 27th rule, showing **that it shall be the duty of members to vote on all questious, un- less where they are personally interested.or when they shall be excused from voting by unanimous consent of the Board ;*" under that rule ke did not think ital roper for the gentleman to vote The Cha cided that Mr yuld not vote; that } ‘din the matter then pending. Mr. Ninith appealcd from the decision of the chair, and weat on at some length to demonstrate that Mr. Emery was not personally interested; that he was acting for his constituents. Mr. Honston sustained Mr. Smith in his re- marks, saying that the chair itself had voted re- cently ona measure wherein be was personally interested; he alinded to the late election of Mr B. to the presidency of the Board; the chair had voted four several the presidency vote of his W. and Mr. Emery ing the voice of” his constitu- ents, and not voting when his personal interest was at stake; he was not voting for Mr. Emery, but for his Ward. Mr Emery said he had no personal interest in the matter; that if he had consulted his interest he should never have consented to be a member of the Board, that he would like to have the vote taken on the question of his right to vote at once a Was clearly interes Mr. Riggs read from Jefferson's Manual, show- ing that fw thi Mr. Emery was clearly terested in the matter pending, and that a re} for decency shonid dictate to every man so sitt ted to abstain voting. . Mr. Emery contended that he was not acting for himself, but for the people who sent him there, and that he should continue so to act to the frllest extent of his power and ability Mr. Smith agued that the rule quoted by Mr Riggs was not applicable to this question. rT. Moore asked for the question Mr. Sinith, (persuasively,) Sitdown. Does the gentleman constitute himself a judye of the ne. tives of Mr. Emery? Does he not see clearly that he is not voting on a personal interest but simply Biving the vote of his Ward’ Mr. Moore wanted to know where there was a case on record of a member of Congress voting on his own expulsion from that body. The question of the appeal from the decision of the Chair was then taken, and the Chair was sus- tained e question lo lay the resolutions on the table was taken, and lost. Mr. Emery here arose and tendered his resigna- tion as a member of the Board, to take effect from that moment. The Chair decided that the resignation was out of order, and could not be received at this stage of the piccesdinge; that he had no right to re- sigan while the Board was acting on his expulsion. He might have done so with propriety before the investigation was yone into; but now it was too late. (Mr. Emery took his hat and left the room—a number of his friends following him out.) Mr. Smith appealed from the decision of the Chair, and contended that the gentleman could resign if he chose to; that he had an undoubted right to do so; that the resolutions had not yet been adopted, and he could resign at any time previous to their being ac on, The question was debated in a spirited manner by Messrs. Evans, Smith, Moore, Dove, Houston and others; and Mr. Houston finally Said that he wished to present two papers for reference, and usked the Board then to excuse him for the rest of the evening. Consent was given to present the papers, they being the petition of Mr. Lafontaine in relation to a stand in the Market House, and a bill to pay V. Ellis for printing the tax sales; they were appropriately referred, and Mr. II. asked to be excused, as he was in want of his supper. eeveral members objected, and Mr. H. took Lis seat despondingly The discussion was then renewed, and con- tinued for some time, and finally the question on the appeal was taken, and again the decision of the Chair was sustained. Mr. Miller now moved to take up the resolu- jons and act on them; eattied—and the roll was led, daring which Messrs. Pearson, Rutf and inith asked to be excused from voting; the Board excused them. Mr. Clarke bad voted on the ques- tion, but now requested to withdraw his vote; ranted. . ‘The resolution was carried; and the Board took up the other resolution, which declared John H. Goddard to be duly elected to a seat in the Board. Mr. Houston said Guat be had dno, on the other resolution, bat that the Bu had directed that Mr very Was not a member of the Board; i¢ that somebody was entitled to a seat there fom the Fourth Ward. and that if it was not Mr. Emery, it mast be Mr. Goddaid; he should now vote aye, on the second resolution. vs Messrs. Clark, Pearson, the resolutions, stating tet sqnces See aoe at some | bh. Punctuall; Mr. Smith said he should vote no on the reso- elim ce — blonde! 6 reason. Tesolution was carried—ayes, 8; noes, 4. Mr. Goddard was how swore In; cad took his seat. ‘ Mr. Dove moved to take up the ‘or’s nomil- nations, and act on them J a ie Mr. Smith asked leave to present the following protest, which he asked to be entered on the jour- nal of the Board: . “1 protest against the right of the Mayor to nominate to this Board any person for the office of Police Magistrate, and also the right of this Board to entertain = such nomination made by the Mayor, such nomination being in violation of the Charter of 1548, and the law of 1851.7 The protest was received, and ordered to be entered on the journal. The nominations were then taken up and con- firmed, with the exception of that of John H. Goddard as Police Magistrate in the fourth dis- trict, he having declined the nomination. Mr. Smith, on leave, presented certain papers. in relation to the Westeru visitors, and asked their reference to a select committee of three for consideration; so ordered, and Messrs. Smith, Donoho and Houston were appointed as the com- mittee. Mr. Barry presented a resolution in relation to the grade of D street; adopted. Mr. Smith presented a resolution calling for an appropriation of £250, for painting and otherwise Tepairing the session room of the Board; referred to tinance committee. Mr. Dove presented a resolution making an > Propriation of $45 to Pey, Wm. J. McCormick for services rendered as clerk to the committee on elections; passed. Mr. Barry presented the petition of H. Matton, asking for a remission of taxes erroneously paid; teferred to claims committee. And then the Board adjourned. Common Council.—Mr. Turton presented the petition of C, Sparrow ; referred to claims com- mittee. Mr. Hutchinson presented the petition of John H. Gooderich and others for the improvement of Thirteenth street east, from E to K streets south ; referred to improvements committee. Mr. Turton. from the improvements committee, reported a bill from the Aldermen for grading and graveling Eleventh street west, between and N strects north ; passed. Also, Aldermen’s bili with an amendment, to grade N street north from Fifth street to New ersey avenue; (the amendment increases the amount appropriated to 2600) passed. Also, reported back poe ue of Jno. E. Ken- dall and others, and asked to be discharged from its consideration ; committee discharged: The Chair laid before the Board a communica- tion from the Mayor transmitting the bank ac- count of the Corporation. Mr. Lloyd introduced a bill authorizing the ation of the sea wall, now constructing.to ith side of P street south; referred to im- ents committee. Tulloy introduced a bill forthe better reg- uJation of the sales of fire wood; referred to the police committee. Also, a bill to grade and gravel Third street east from Virginia avenue to L street south; re- ferred to improvements committee. ‘The Board took a recess for fifteen the expiration of which time it was ay: to order. inutes, at ain called And Mr. Jetferson, on leave, reported, from the lum committee, a bill authorizing certain modifications ef the specifications of work to be done in the constrnetion of the new almshouse and workhouse; passed. Bill from the Aldermen, providing an addition to the school edifice in the Third school district, and for an additional assistant teacher was referred to public schools committee. ill from the Aldermen, for the relief of E. H . Bates; is Mr. Mulloy presented a petition from ownersof lots in square 732, for an alley; referred to the luprovements committee. Also, petition of John A. Mennikine, for re- mission of a fine; referred to claims committee. Mr. O'Hare, from the police committee, reported back the petition of Q Ray, and others, and asked to be discharged fronfits consideration; committee discharged. Mr. Brown, from the committee of ways and us, reported a bill appropriating $1+.050 for public achionls for the year ending June 30th ; passed Also, a bill to pay for the removal of garbage and fluid offal for the year ending June 30, 1555; passed : Mr. Tree, from public schools committee, re- ported the Aldermen's bill for the addition to the school edifice for the Third District schoot, and the employment of an additional assistant teache: assed . And the Board adjourned ‘Tue First Districr Scuoors marched with music and banuers to the Smithsonian Institution yesterday afternoon, and assembled in the lectare room where the preiniui.as awarded were preseut- ed by the Mayor of the city. Ten schools were present with between tive and six hundred pupils Prayer was offered by Rev. Mr. Butler of the Ger- man Lutheran Church, after which a beautiful address was delivered to the pupils by Rev. Mr. Hall of the Church of the Epiphany, which we regret the crowded state of our columns to-day will not allow us to notice more fully. The lists of awards was then read by Dr. MéKim, Secre- tary of the Board of Trustees, and Mayor Magra- der delivered the blue-ribboned medals and di- plomas, and the pretty books to the happy recipi- ents. The Mayor in performing his task said that no more argreeable duty could have devolved upon him tha he was now called upon to dis- rge. ese were the children of his earliest nds, Who took him by the hand when he came amongst them i poor, frieudless boy. He revert- ed tothe time when there were but two school houses in the ¢ and those old and dilapidated buildings; now the namber of schools v told by scores, and no tax was paid by onr citizens so cheertullyas teat foraue support of school system. e called the attention of his hearers to the fact that not only were these greater advan- “es 1 by the ‘youth of this day; but that above ali others, was favored by its universally ditfescd ednueational advantages miums were then delivered as follows : First District School, (male)—Medul to Thos F. Harkness. Exemplary conduct—Wim, Blanchard, 8. Mon- on, John Lutz, Wim. Moss, Levin Soth- oron. Proficiency in study, and improvernent—Owen Bestor, Wm. Harrison, Charles Hinton, Thomas Willey, Owen Willey Present every day—Je ler, John Vernon. Houorably mentioned for the faithful perform- ance of ool duties and punctual attendance, not ha lost over five days—Wm. Blanchard, Joseph Lowry, Patrick McAuley, Johu Murphy. Thomas Wille lomas granted to—John Foley, 8. Graham, ham, J. Lowry, Wm. McKinstry, st District School, Female department.— Medat to Jane C. Hardest xemplary conduct—Fannie A. Middleton. Su- M. Watson, Laura A. Leckron, Florida H. ne, Ellen Brown Improvement—Salli e Middleton, Mary A. Fulmore, Ann Mary KE. Graham. Punctuality—Caroline S. Devaughan,* Mary Visser, Laura A. Shedd,* Sophia R. Cook. Mary Worth. [Those marked thus (*) are equally of 4 premium for improvement end de- t : Susan Macaboy, for improvement; Clara J. Leckron. do; Augusta Wetherell. do; Charlotte H Esselbergze, fordeportasent; Emina F. Morgan. Names of those who have not been abscnt over tive s, and have been faithful in the perform- auce of their duties—Laura A. Leckron, Ellen Brown, Jessie F. Middleton, Martha Brown, Clara J. Leckron Male Primary School, First Division.—Medal to Thomas Rigyles. Exemplary conduct—Chester Haslup, Jas. F. Bridget, Jonathan W. Harkness, Magruder Wa- ters, Thos. Sullivan. Proficiency in study and improvement—W m. H. Deyges, Win. TO. Bratt. Jos. 3. Mulligan, Chas. J. Rider, Geo. W_ Collins. Honorably mentioned for the faithful perform- ance of school duties and punctual attendance, not having lost over five days—Thomas Rigules, W. T_ O. Beulf, Chester Haslup. Diplomas to James F. Goodyear, Thos. T. Par- ker, Lichman Hexter, Rich’d W. Fort. Male Primary School, Second Division — Medal to Jobn B. Espey gxeiplary Conduct—Albert Sioussa, Henry lidfkness. James Dodge, Edwir Moran, John Carr. Proficiency in Study and Improvement—John Fearson, David C. Poore, Fielder R. Dorsett, Richard Crump, Charles Hightield. Honorably Mentioned for the Faithful Perfor- mance of School Daties. and not having lost over tive days—Thomas Anderson, Wm. 8. Fowler, Fielder R. Dorsett. Diploma to Benj. Fowler, Thomas Anderson, Wm. 3. Fowler, George Verinillion Preomary School, No. 1.—Medal to Julia Davi- son. Exemplary conduct Scheblier, Jane Fr Reeves. Proficiency in study, and improvement—Martha Allen, Meria Eslenburgge, Hannah Woods, Car- rie Aigler, Rosa Bates. Present every school day—Martha Kelly, Jane Free, Maria Allen. Honorably mentioned for the faithful perform- ance of school duties and punctual attendance, not having lost over five days—Joanna Hilbus, Fannie Tucker, Adelle Tait, Julia Davidson, America Madda Diploma to— Emma Darling, Anna Bailey, Bettie Paimer. ~ Pronary School No.2, First Division.—Medal to Cecilia E. Parker, Exemplary conduct—Catherine E. Frank, Anna tig ted ioe A. Ellin, Christina Hager, Laura . Pucker. Proticiency in study and improvemenut—Mary sse Adams, Geo. Schieb- deservin Joanna Hilbus, Louisa » Martha Kelly, Caroline | Ruff voted no on | Walker, Sarah J. Hysest, Jane Branaon, Isabei srs foes Gait every schoolday—Catherine ai esos * , 4 s Honorably ment for the faithful - ance of school duties and punctual attendance, not having lost over five er Collins, Fior- ida Crook, Lizzie Hinton, Sallie Hyseat. Diplomas to Anaa Frank, Amelia S. Maddock, Emma J. Williams. Primary School No. 2, Second Division.— Medal to Susan Chesin. Premium for Exemplary Conduct—Laura With- eroll, Jeanette Boyd, Sophia Sutton, Lina Henry, Emma Linkins. Premium for Proficiency in Study and Improve- ment—Mary Semnar, Sarah Anderson, Sallie Rie- ly, Wilhelmina Rodier, Hannah Parker. Premiom for being Punctually Present Every School Day—Henrietta Tucker, Kate Kane. Diploma to Anna Vernon, Julia Dewduey, and Laura Thompson. Primary School No.3, First rtston.—Medal widened seoiges France. a exemplary conduct—Lycretia A. Barker, T tha E Moreland, Alice G. Burch, bona Fun, Kate Stewart. / Proticiency in study. and improvement—Oli E. French, Harvey B Bostors Alesion McGee gel. Sarah E. Goddard, Susan F. Warder Present every school day—Joseph H. France Honorably mentioned for the faithful Perform- ance of school duties, not havi lost over five days—Joseph H. France, Lucretia A Barker, Alexander Stewart, Rebeccs Darby, Corinna Mar. tin. Diploma to—Kate E. Bates, Corinna J_ Martin. Anna L. Thom Primary School No. 3, Second Division — Medal to Alexander Williamson Exemplary Conduct—Charles lor kerey, Willie Kealy, Gustavus Jones, Inez Johnson, Marion Davis. Proficiency in Study and Improvement—Mollie Lowe, Sar: French, Louisa Thomas, Roberta Garner, Henrietta Bestor. Diploma to Alice Beatty, John Withers, Flor- ence French. Primary School No. 4.—Meda!l to Anna Hosn- berger. Exemplary conduct—Susan Anderson, Louisa beczer, George Murray, Ann Collins, Ru- berta Ritch in study and improveme: Murray, George Murray, Virginia Linkin, | Combs, John Cumberland Punctually present every Anderson, Saniuel Anderson Honorably mentioned for the faithful perform ance of school duties, not having lost over tive days—Charles Walker, Wm. Anderson Diplomas to Charles Malker, Geory: ett schoolday—Eliza J The exercises were closed with prayer by Rev Mr. Haskel!. who took occasion first to deli kind word of encouragement to those who fa to a prize this year, but who might hope, by courage and perseverance, to triumph handsomely another time. ; At three o'clock this afternoon, the similar ex- exercises of the Second District School will take a Smithsonian Institution, with ad- dresses by Rev. Dr. Doggeti aud J. C. Harkness, Esq. ss CrimtnaL Covrt.—This morning the election Tiot cases were taken up. Vespasian El sq., of this city. and Robert E. Scott, of Warrenton, Va., were admitted to practice. The names of the defendants in first case, was called,and Dan’l and A. Egzieston, Geo. Johnston, Win Hurdle, Robt. Slatford, Wm. Jones, cer, Vanlomon Johnson, Geo. L. Wilsou, W: B. Wilson, and Michael Hoover answered. A large number of the parties named in the indict- ment are nom est inventus. Messrs. Bradley. Martin, Radcliffe. Seott, Car- rington, and Ellis, appeared as counsel for the defendants Mr. Bradley desired that, as this was a case which was atiracting considerable public atten- tion, the jury might be called se; parately. with a view to asceit: z if their minds were free froin prejudice. Granted James Barnes was called and sworn, and when questioned as to whether he bad formed or ex- pressed an opinion in relation to the guilt of the prisoners, or any of them, answered that he had aot. Bradley asked if he might ask the juror if he had formed or expressed an opinion as to whether there was a riot or not. Mr Key objec- ted, and the question was ruled out by the court Mr. Bradley excepted to the ruling of the conrt. On motion of Mr. B. the prope: ytatitication was ct ed. The following jury was then ob- tained John W ut, Wm. T Jones, Wm. Van Res- wick. Da httoot, James W. ‘ ; T. Biadley. George 'T. Sothoron. wel Stott, (Mr. Bradley desired to ask this juror what coun- ay he was born in. Ruled owt; exception taken} | Abraham Butler, and John E. Kendall, James Barnes. Mr. Key opened the case, saying that many per- sous named on the indictment had not yet been arrested ; the parties present were indicted for a riotatthe late election in the Fourth Ward cf this city Mr. Bradley proceeded to state the onse for de- fence, claiming that there wa8 nota riot at the poils of the Fourth Ward, but a sudden affray Springing up unexpectedly, and that if there was a riot the prisoners were acting on the defensive. ‘The court room was crowed to excess, the spec- tators forcing themselves within the bar of the court for the want of room to stand in. As we go to press J. H. Goddard is on the stand for the prosecution. if 1 Cextre Markut.—This morning the supply Was sufficient for the demand. ()uitealargenum- ber of dealers were present from the country and tue gardens around the city. Beef, per 1b. ¢ Eggs. per doz. Pork . als) Roll 1 2atS| Phil’a print... 75a) 100) Ho: s,perdoz Gali nap Beans, pk .. S. per doz.. 12425 Salt) 2 w 10 6 Raspberries 6 W hortleberrie: kee. Apples, waSI Pine Apples,cach 12al~ 3 fas 60 Bests, per bnnch. $2)Turnips, perb'ch. i] Watermelons... | Cucumbers, doz 1|Sturzeon cuts. + 5) Rock, per bunch. + 40a) Crabs, per doz.... 1a 25a37 35 ALMost a DvEL.—On Saturday nicht last, Messrs. Charles W. Helm, (editor of the Flag of “t.) of Warreton, Va., and J. C. Gibson, of Cul- peper county, V2.. came down to Georgetown to settle a personal difficulty between them bya ‘They were accompanied by Geor.D Wise, Esq... to act as second to the former, and Geo. B. Hor- ner, Esq.. as the second of the latter. We hear that the anyone d between Messrs. H. and G. has been satisfactorily adjusted through the exertions of the two gentlemen last named, aided by Messrs Beverly Tucker and Jobu ton, of Washinzton city, mutual friends of both. The police of Washington received notice that they had left Fauquier to fight a duel; but ere their hiding places could be discovered, the affair Was arranged as we de-cribe above Tue MaRKeT SHeps —The new stalls in the addition to the Centre Market will be finished and put up for rent on Thursday next. The pave- ment under the shed isso laid that there will be little difficulty in keeping itclean. ‘The citizens inthe vicinity of the market appear to be very well pleased with the arrangeznent. ASSAULTAND Battery.—Yesterday, Catharine Williams, colored, was arrested by oiticer Kim- ball, for an assaul and battery on Susan Fitzhugh. colored. They are inn i meuts in the Seventh Ward, hence the fracas Catharine was taken before Justice Donn, and sent to jail. Carr. J. W. Baccotr will continue to dis- charge the duties of the Chief of Police this week when the newly gppointed one, F. A Klopfer will stalled. Captain Bagyott is making his ar- Pmeits to leave tue city for Kentucky, where he Intends to enter upon another business A Misprint —The citizen of Washington Whose death by drown:ng, we mentioned yester- day, was named Edgar Beach, fot Etchings, as misprinted Warten Returxs.—Thomas McBride, disor- derly; fine and costs. 36.16. John H. Johuson colored, sleeping in {he market; workhouse thirty days. . ohn H_ Goddard, Esq., sede 3 taken his po- sition as Alderman of the Fourth Ward, is pre- vented by law from acting as a police magistrate. ‘The duties at the Guard-louse this morning de- volved on Justice Da: Smith of the 3d ward DIED, On the ath sentest, JOB SOLOa AN. in <a . 2. of the county te Een Han » but for the last 40 years a resi- dent of this city. His friends soguaintances are respectfully in- vited to attend his tuneral st 4 p. m., on To-morrow Afternoon, from his late residence, No. 987ti street, between H and 1, i At 4o’elock this morning, the 2éth instant, at Mrs. Wiliams’ boarding-house, J. M. HOLDON, bea. of FOUAe? City, Wisconsin, in the 38th year of his ax His funeral will take place To-morrow Morming, 41,3 o'clock. (Wisconsin papers please copy.) te TELEGRAPHIC NEWS. FROM THE ASSOCIATED PRESS. Later from California. New Youx, July 27.—The steamer Ulinols ar. tived here this afternoon from As} nwall, with dates to the 19th, and California to the Sth She also brings nearly &1,500,000 in specie The primary elections for delegates tothe Dem- ocratic Guberuatorial Convention resulted in the everwhelming defeat of the Broderick party. Mr Weller will “doubtless be nominated on the firs ballot when gee ye py meets. miners a meeting to denounce Mr. Fremont’s Mariposa clai they threat ened resistance tothe same — . 7 important Advices from the Isthmus ate un’ The U.S. Frigate Roanoke would sail from As- ee for New York on July 6th © steamer Sonor Panama, brough: down nea‘ly 72.000,000" wag iil : Basiness at San Francisco was unusually dull- Several heavy failures were announced The Supreme Court of California, in the case of the Mereer Mining Company against J.C. Fre mont. have granted a perpetual injunction upon Fremont, preventing hin from interferin with the operations of thecompany. The court has also reversed the decision touchi the San Francisco bonds, the court now hold: ng as covstitational and void that section of the con stitution bill regulating the payment of the com missioners of the sinki for the gradual extingnishment of the debt. The Know Nothings are taking measures for the reorganization of their party in California Advices from Oregon to Jane 2th bad heen received. Fears were still entertained of further Indian ditticulties at the Dalles. The policy of making Oregon a slave State continues to be zea- lously agitated, and a prospectus Las been issued for a pro-slavery paper The markets of San Francisco were glatted with all kinds of produce, for which there was no demand. and prices were rapidl depreciating Money was accumulating and the rates were downward. Pork had declined fally $7.80 per bbl. for both mess and clear. Sales ase for mess and #25 for clear, cash. Gallego flour Was nominal at $13. The steamer Panama had arrived at Panama with Central American advices to the ith of July W. D. McCracken, the American Consul, fa Union, died on board the Panama at Punta Are- nas | The Chilian Minister Plenipotentiary had ar | rived at San Joxe with proposals for the conten: | plated Spanish American confederation j Four hundred of Walker's treops still remain | 1 ed at Jose. Pr Arenas. The steamer Ten had brea chartered by the Costa Ricau vent to proceed to San Juan Del Norte to troops home *. 8. sloop-of-war Decatur was at Punta Further advices from Central America state that the determination of Costa Rica to hold Rivas had given great offence to Nicaragua; that Costa had sent to England for three gunboats, and was strenthening her Position on t rivers and lakes; that a fight isto come off next month betweeu Martinez and Chillon and Mendiz, and that the Chammorro party have sent urgent solici- ations for the retarn of Walker Gen. Barrides, the late commander of the San Salvadornian forces in Nica had made the most unsuccessful attempt at a revolution against the government ‘The U.S. frigate Independence was strack by lightning onthe morning of the Sth of July at Panama, and Lad her :mainmast shivered. Indian Rubber Patent Suit. Bostos, July 27.—I1n the United States Circuit Court this morning, Jadze Sprague delivered his opinion tothe court at great length in the matter of the demurrer to the bills in equity of the Congress India Rubber Company, imest some dozen importers, dealers mani bar ers of vulcanized India rubber elastic fabrics. In consequence of this decision the several parties consented to the final decree, they declining to contest the injunction heretofore obtained mst them. In those cases which have not been thus finally settled injuctions have been entered by order of the court Later from Havana. New York, July 2 —The steamer Philadel- phia from New Orleans, via Havana, basarrived, with dates of the latter port to the 23d. The health of the Island is reported good, as well as that of Havana and the shipping. The markets were dull. The stock of sugar is estimated at 0) boxes he brig W. D. Miller had landed near Carde. nas a care of four bandred slaves. The vessel Was then burnt. Troops for Minnesota. Boston, Jul -—The second com i der Major Hayes, left pendence to-day for Minnesota. The Distillery Explosion. orn inde Boston, July 27.—Anna Berkles, the little girl who was burnt at the distillery explosion on Saturday. —— Death of Capt. Henry. Purtapetrnia, July 27.—Capt. Henry, of the United States Navy, died last night al He was on the retired list. Bal Bartimore, July 28 —Flour AE tea Howard street at $7.75; City Mills $7 50a7,7 Wheat if dull and drooping, and the market is i ; red $1.60a1 65; white $1.60a1.78. Corn 3; White S6a°S, yellow S6a87c. Whisky is firm; City 29, and Ohio 30c. New York Markets. New Yorx, July 2} —Flour is unsettled; sales of 6,000 bbls ite $6.15a$6.40; Ohio $6.50a87.30, aE Soutbern = 55. W heat is gular; sales of 6.000 bushels; new Southern white SUS7 i; red $1.75 Corn is heavy; sales of 21,000 bushels; mixed 9c Provisious are steadv. Mess Pork $24.25. Chi- cago repacked Beef $16a%. Lard I5a 15 ye Whisky ts firmer; Ohi ye. Financial. New Yora, July 28 —st and Rock Island 93. Illineis Cent mpany “95; Reading <1; Missouri S235. Hi TO-DAY § TO-MORROW MORNING. Bs JAMES C. McGU Auctioneer. yer VALUABLE VED PROPER TY AT THE CORN: HG STREETS WEST.—On T July 23th, at 63 o"ek eson 2 rer running back #2 feet on 22d street, with the unprove ments, consisting of a two story frame dwelling house. with brick hack building, stables, & The crounds are beautifully laid out with choice frart trees, rare flowers, stirnbbery, Ac., forming & very del:ghtful private residence. eral. and made known at sale. JAS. C. MCGUIRE, Auctioneer. By A. GREEN, Anct aan NEspayes I shal! sell, at 10 o'clock a. m., at the resi dence of @ gent man declining eye N 4.9 Massachusetts avenue, between 6th and 7th sts. west. a good assortment of Furniture, viz: mr er Mahogany Sofa, Chr Lock: Cottage r Beds Bedding and Be. eads, Cotton and Shuck Mat- tresses . Cluna, Glass, and Crockery Ware Three-ply, Ingrain, and Stair Ci Ouleloth aad Matting, Refrigerator Cooking and other Stoves With a good assortment of Kitchen Requisites. Terms : Under $25, cash ; over $25, a credit of and 9 days, for notes satisfactori'y endorsed. beat ing interest. gata ay 2t-d A. GREEN, Auct. il>> The House is also for reut. Inquire on the premises. By WALL & BARNARD. Anotioneers. eeseg ar? OF ay ee ag jens 4 ONS, ay. ARMING TENSILS. . &c., at Pusiic Avcriox.—On W BONERDAY ° the 2th instant, at 10 o'clock a. m.,at the farm of the iate Andrew Hoover, Esq.. deceased, 10 Alezanéria _ county, Va., near the Aquduct, we will se! en- tire personal estate thereon. We uame in part— Lpwards of — ——- “f ive Farm Wagons, Cart Three good work Horses, three prime Colts, two Mules = ‘ob Crusher, Corn Sheller, Cutting Boxes bonne. eee rae esleieators. Hose, ac. Ten Mich Cows, one Bull, one Heifer Poultry, Corn One Thieshiny oe in the ice Machine, se, . with all such imple- it Vehicles. and tools found ona first rate farm not herein mentioned, ALSOo— The entire Household Furniture, suchas Mi _ Marble-top, Centre, Side, rt pfas, Lounges, Parior and other Chairs ei efrigerator, Safe rs a —c . ood Sg eB ei atting. Curtains, aI ugs Mahogany and other Bureaus Wardrobes, Bedstends, Washstands fonyher aon npereseee. Dg 00k asses, Toi Sets s Crockery and Giassware, Knives and Forks, Wait Cooking and other Stoves, Kitehen Ware, do. Al At twelve o'clock m., we will sells etre, Pes iy one idren, slaves willbe. eid ex = famnl uly ‘without Terms, (except Jace foam Sag ite gd = cash:) All sums under amount a credit of ) and 90 8, for notes tonly "A. P. nistrator. Pw ER, Admi iy 21-4 WALL & BARNARD. Aucte, ————SSSSS==nap=a"_ x tie PIANOS AND TWO MELODEONS at room for others che Nase De = = - susie Depot of G. METZEROTT, nv Corner Penn. avenue and 11tn street.