Evening Star Newspaper, August 16, 1868, Page 1

—_—_—_——_—— See, PUBLISHED DAILY, Sunday Excepted At the Star Building, 8 W. Corner Pennsylvania Av. and Lith Street, NOYES, BAKER&CO. ————— ‘The STAR 1s served by the carriers to their ubscribers in the City amd District at Tex (O=NTS PER WEEK. Copies at the counter, with or without wrappers, Two Cunts each. PRic® ron MAILING:—Three months, One Dollar and for. The WEEKLY STAR—pnblished on Friday morning—One Dollar and 8 Half s Year. EVENING STAR. LATE TELEGRAMS, &c. Governor Bullock. of Georgia bas written a letter to a member of tae State Legisiature, stating that in accodance wi » the provisto + of ine new coas. tato1, the Mayor and Ca1- ¢11 of Colunbus, who were appointed by m:li- tary authority, in accordance witi (ie l.ws of the United Sizes, wall coni'nue to be a legal goverpment for the cizy until their succes ors shall have been duly el =i and qa tified. ‘The let t was called eat by the den.id of F. G. Wilkirs. for.rer Mavor, upoa R. L. Mo.-. the reee it Mayor by mi. ary appo a. nent, io him vpoi the g.onad y has ceased to exist in Several hundred citizens of Ausiin, Te~is* serenaded General Reynolds on the eve2ing 0° the 20th ult., upon b -ring of his sppo'nt nent to the co pmand of the dis-rie:, and #1 replying to an address by Governor Hamil >a, he sad that the present troubi- + im the State aro.e .rom the faet taat there isaciess of men there who are con! vuatly filing "ie people that the laws of Coag-rss Fe not laws. He hop it) b: able in 8 few months to bi.ng ali th e tcoubles to anu end. Large fires sre again raging in ‘ie weods in the neighborhood of Belle Ewart and Leroy, on the Northern r=‘froad, in Canaia. Mr. Sayes’ saw mill, st the former place, wr-.ev- erat tim: >on fire. A milion dol'ars’ worth of lumber and fores. has b :n des. -oyed. Mi. P. T. Barnum ran a foot race on Friday atthe Profile House, N.H. He bad several competitors, but distinced them all, atier which he was borne from the field on the shoulders ot the crowd. Several thousand spectators witness 4 the race. F.F. Whittemore, chairman of the Central Executive Commitiee of Soath Carolina, has issued a call for & convention of the party to meet in Columbia on the Sth of September, to nominate candidates for Congress. A report comes from Nagasaki that one hun- Gred and fifty-seven naive Japan Christians bad been taken out from Nagasaki in a steamer and drowned. The Consul remonstrated imet- fectually. A railroad collision occurred on Saturday on the Oil Ore +k railroad, Pennsylvania, by which five persons were killed and fifteen others se~ riously injared. A large Sey monr and Blair meeting was held in Wetumpka, Ala., on Saturday Inst. Speeches were mae by ex-Goveiaor Watts and other prominent gentlemen. Hon. George H. Pendleton and Gen. Tom ing, jt, are to speak in Bangor, Me., on the th instant, im Augusta on the ist, and in Portland on the 22d. Colonel Robert E. Withers, the Conservative eandidate for Governor in Virginia, has retired trem the editorial chair of the Lynchburg Daily News. Dr. Rice, Paymaster’s Clerk Hendes, and tour sailors i i recently on the United States steamer Ussipee. on the coast of Central Amer- ica. The present winter in New South Wales has seen one of the mildest ever known, and an- ticipations of x plentiful harvest are indulged 0 ‘The Canadian Minister of Customs has de- spatebed a sp: ciel agent to investigate the ex- tent of the cattle plague in the Uai in New York harver, Saturaay, all the par- ties in the pleasure boat winch was ran down by the City of Baltimore were rescned. Whitewing snd Ev: the victors in the New York Yacht Sypscro *s ocean race be- tween Newport amd Isiaad on Friday last, At the Rons-el, Park-(N. Y_) races on Sat- urday last, A” wen the hurdle race and Clara Clarita 0 ud Tace. in sections of Portland, Maine, were ibrowan to the breeze on Saturday night. All available army recruits at the different recrniting stations are to be sent to California. A new planet bas bern discovered by Pro- tessor Watson, at the Detroit ( 5 shines like a star of the tenth magnitude. More Indian depredations anu murders are reported in Kansas. New placer diggings have been discovered in the wes.ern portion of Montana Territory. Another ease of drowning occurred at Atlan- tue City on Saturday. ‘The Democratic majority im Montana is 2,500. Peru was quiet and prosperous at last advices. —_-ore-___ SBREwsrury Car ox Stxpar.—A corres- yondent of the Baltimore Sun, writing irom Shrewsbury camp-merting yesterday, says : To-day (Sunday) ts one of the principal days ot the camp, and the attendance is immense. ‘The morning dawned brightly, and at an early hour, even before the close of family deyouon, the people from the surrounding country be- san to gather in, aud when the hour for preach. ing arrived, 10% o'clock, the woods all around ibe camp was filled with almost every con- ceivable style of welticle. The train which left Kaltimore yesterday at % Pm. brought up an immense crowd—ten ears poured forth their living freight. Hun- dreds of persons from the camp gathered along- side of the railroad, awaiting the arrival of the trai, and while so assembled religious exer- cises Were engaged in. Addresses were made by Rev. James H. Brown and Rev. Wm. Har- cen, of Baltimore. The somewhat novel pearance of the place of worsuip, along the igh banks overicoking the railroad, made the occasion of more than erdinary interest. The trai that left Baltimore ai 7 p. m. also brought many persons tothe camp. Notwithstanding the large number of visitors upon the ground, order was preserved ‘This motnime at balf past eight o'clock ® public experience meeting was held at the stand and addresses made by Rey. John Miller and Kev. W. Harden. Ths exercises were interest- ing, aud the Christian experience of those who had spent almost a lifetime in the church was closely listened to by the large audience The hour for public preaching having ar- rived, the sound of the trumpet gathered to- gether one of the largest congregations ever assembled the ground. Rey. FS. De Haas, ot the Metropolitan church, Washing- ton, officiated. and preached an impressive and sestructive discourse. At three o'clock Rev. W. R. Mills, of Carlisle, preached a sermon, no Jessfull of interest. Each gentleman closely riv- eted the attention of the large congregation present upon both occasions. It was announced that Rev Philip B. Reese, of Balumore would preach at nig! THE Curytsz Embassy —in 4c ident —The Chinese Embassy was met at Niagara Palls on Saturday morning by the Mayor, president of the Board of Trade, and other prominent gen- tlemen of Buffalo, and were escorted to that They were iaken to the Niagara eleva- d the Celestiais seemed to take great in- im withessing the operations of receiving and transferring graim. After visiting other objects of interest in the city. the Embassy ‘were sumptuously entertained by the Hon. Israel T. Hatch at his private residence. The Embassy in the afternoon made an excursion im the steamer Wabash, acewmpanied by a large number of ladies and geutlemen. The visitors stopped opposite Fort Port aud re- ceryed an iuternational salute from that post. An unfortunate accident happened to San Ta- jen. Ashe was crossing a rickety old wharf, be was precipitated by a loose plank into the Geep water. He kept himself afloat by means of a plank uotila deck band of the steamer Wabash placed a rope under bis arms, by which be Was raised tothe whari After all danger was over. the unfortunate Minister and the Embassy had a good-natured laugh over the accident. A Horgivts TRaGgpy tn PoRTLAND, Me, We learn from the Portland Star that on yes verday morning, the wife of Orville W. Hodg- man, who S$ Astore om the corner of Ox. ford and Washington streets, was found dead at ber residence under circumstances which indicated that she had suffered a violent death. Her husband, not making bis appearance, sus- picion at once attached to him as the guilty arty. A search was instituted for the missing WAN, and about S o'clock, a. m., his body was ‘he water at Back Cove, near the foot rapklin street, An inquest was to be held ou both 5 old, and formerty a freight conductor om the Grand Tronk Katlroad. Hrs character has teen good up to & receut period, since which time he bad drank too freely of liquor. His Wife bad just returned from a four weeks’ visit to tbe country. ble characte: She was a woman of ee a sree Several places in England put women on the hstz ef electors. #7 Brigham Young, Jr, ws nominated for the Deseret Legisiature. a7 North Germany sends away every Mor- ieeary SF Ex-Presidert Fillmore suffers from the gout, and frequently canact walk without sup- port. THE EVENING STA | ' ) . } * Ve XXXII. . Che Frenin Washington News and Gossip, Tux Posrriox oF Comw1se10NER ROLLINS.— Hon. E. A. Rollins, Commissioner of Internal Revenue, returned io the city last night from his recent visit fo New Hampshire. and Teoumed the disch rge of the duti:s of his office. This morning be bad & long interview With Secretary McCalloeh, when the import int ques.ion of the appoiniments of Supervisors indev the mew tr bill was freely d'scussed, 8nd some sppoiniments will be made in the conse of a few days. There is no prob xbility wha.ever of Mr. Rollrs retiring irom his present posi:ion rut!! s.r the r+: -embling of Congress, snd in th's deiermination it is kaowa that he bas te support of all his iciends, as well as the most prominent members of the Fipe-ce Committ~*s of Congress. ‘Mr. Rollins i> perfectly willinz sid snxions to be relieved from the office of Comm‘-sioner of In erpal enue on eccount of bis he ith, 4nd the clove aiiention which it requi-e:, and |, undoub: diy. give up the office upon the Sppointment and acceptance thereof by either Hon. Columbus Delano or Governor Cox, of OPio. Mr. Rollins has been connected with the In- ternal Revenue Burcan, in various capacities, since its organization, and has bestowed upon it his earnest and undivided attention, which Accounts in a great measure for the great oppo- sition there is in many quarters to his resigna- tion. A New Way To Raise THE WIND.—Thons- ands of circulars have bees distributed over the country through the mails, stened by Cowlan Brothers, Post Office Box 637, Wash- irtton, D. C., representing themselves as Washington correspondents for New York, Philadelphia, Baltimore and Onicago news- papers. The persons named offer to insert favorable notices of business houses in their correspondence to journals in the cities mamed, And add that they will place notices in their Washington letters, in hundreds of the leading daily and weekly newspapers throughout the United States; for less money than would insert the same notices in the local notice col- umns among the advertisements. Copies of these circulars have been sent from New York to correspondents here of leading newspapers i1 the cities named, bat no One in the profes- © on in- Washington knows anything of Cowlan Brothers. THE Misstestpr! ELecTion.—Letiers haye been received here from the Committee of Five appointed by the Constitutional Convention of Mississippi to receive and count the votes atthe late election im that State, to announce the re- sult, and, if nec"~ciry, reconvene the Conven- uon. They do not contemplate calling the Convention together, but are about to issue a proclamation deciar:ng the election in six coun- tesiliecal and void on account of the irauds and violence used. As General Gillem refuses to recognize this Committer, they intend to call upon Congress to sustain their action and to complete the work of reeonsicuction im Missis- sippi by appropriate legislation. Tex New Tax Bitt.—The svction in the new tax bill prohibiting the distillation or ree- tifleatton of spirits im distilleries located within 60v teet of euch other, will involve ceversy complicated Irg=} questions, and its operation Will beto suppress ene of the establishments where they are so situated. As many of the largest distilleries in the country are within tharproximity, Solicitor Binckley, of the In- ternal Revenue Bureau, has transmitted to CommissionerRoUins an opinion on the subject giving an interpretation of the law, consistent with the sbove,though he has not entered fully into the legal disposition of the whole subject. How Estimates anB Maps.—A Washington correspondent of the New York Times, an ex- clerk, says estimates are made in the Depart- ments somewhat after the principle that it is said bogs were formerly weighed im Indiana: i. «, by placing @ plank across a fenes, putting the hog om one end and after balancmg it with Sols. at the otherend, 10. gucss.ab ibe weight of the stones. This seems to be about the way in which political estimates are made in the papers. CALL For REASsEMBLING oF Concress.—A movement is on foot among Southern poli. ticians l¢oking toward a call from the South- ern Legislatures for Congress to reassemble in September. They profess to have no faith that the mulitary will be need im good faith to pro. tect. the exisung State governments without further legisianon, and expect when the Pri idential election arfives to see carried into fect a most extensive system of terrorism and fraud. SEVERAL new Governors of Southern States Tecently made tequisitions on the Secretary of War for arms unde: law passed in 1796, but the Secretary tis declined to forntst’ until further legislation i¢ had om the gubject. The Goveruors in consequence have united in an appeal to Congress to mel 6m the day to which they mad adjourned to takeaction im the matter. THE Wark Hovss.—Secretaty McCulloch, Gen. Rosseau and Gov. Green Clay Smith had interviews withthe President this morning: The usual crowd of visitore were in attend- nce, many of whom were admitted to see the President. Mvsterep Ovr—The followingAdditional Paymasters of the army have been mustered out and honorably discharged, on account of their ser ices being no longer required: Brevet Lieut. Colonel Thomas H. Gardoer, Brevet Lieut. Colonel W. H. Scott, Brevet Lieut. Col- onel H. P. Wolcott. SEcRETARY SCHOFIELD has directed Brevet Brig. General James Totten, Assistant Inspec+ tor General, to proceed to Augusta, Me., and make & full investigation of the cause of the recent fire at the Kennebec Arsenal. W2 REGRET to announce that General John A. Rawlings, Chief of Staff of General Graat, is confined to his bed, having had two severe hemorrages of the lungs yesterday. He is somewhat better this morning, and it is to be hoped will be out in the course ofa day or two. PATENTS TO ne IsscmD.—For the week end- ing on Tuesday, August 25, 245 patents will be issued from the Patent Office. During the past week 30 applications and 65 caveats have been filed. THE SWELL material for vests now is Turkish towehne. It ts sarp that if all of the Menken’s has- bans should go into mourning the price ot erape would rise. Po.iticaL—Senators Wade and Harlan General Logan, ex-Secretary Santon, ex- Senator Creswell, ot Maryland. are among the speakers announced for Repablican cam- paign in Ohio, — The Republican State Central Committee of Virginia has issued a call for # grand mass- meeting in front of the Unpitol,m Richmond, wo ratify the —The Democrats -of the Siath Dii Penpsytvania, comprising aad gomery counties, have by tion the Hon, John D. Stiles for Congress. Fulby gue Conger in the ‘Thirty-oim CGongtess ty Mon. Benj. aM. Lm ye Democrat, who Forti against 11,487 bea warm one. ator Si Hoys and General G@arfeld. are: the aa- Rouncements for the ‘ks. Hoa. Joba, Bingtn speaking Roney very imcreased majority over that of 1968. THE TENURE OF OFFICE ACT. IMPORTANT OPINIONS OF ATTORNEY GENERAL EVARTS. Attorney General Evers who had before Bim for his examination a number of cases aris og under the teaure of o:fice act, to-day rendrred the following important opinions in writing: ATTORNEY GENERAL’s Orrice, August 17th, 1e6s, Hon. Hugh McCulloch, Sceretary of the Treasury Sir:—in your letter of the 2:.h nlumo, you s‘ate that a law was passed just at tie close of the late session of Corzress, exiead:ng ihe cus- toms laws over the urritory of Alaska aad @uthorizing the appointment ot a collee.or of eustoms for that territory and that there was Bo time for a nomination io be made for ihe of- fice before the adjournment of Congress. Upon these facts you ask whe-her ihere is ena ‘vacancy as can be filled by the Presi. lent — the recess of the Seuate, and if not What provision can be lawfully m de for the ¢xecution of the customs Jaws in that territory ‘until a collector can be appointed. Thetcase thus presented is one of original vacancy, and is therefore not within or affect. ed by the act of March 2, 1867, “Regulating the tenure of certain civil offices. The power of the President to make a tem- porary appomtment in this case depends upon the extent of his constitutional authoricy to “fill up all vacancies that may happen during the Froes of the Senate by granting commissions which shall expire at the end of ihe next ses- fion.” The only consideration which the pre- cise question here raised upon of facts appears to have received in office, was given by Mr. Attorney General Mason in an cpinion tonching the power of the President to fill the Federal offices e*tablished by the act of March 3, 1865, admitting lowa and Florida into the Union, (4 Opinions, 363.) Mr, Mason held that where offices are created by Inw tiking effect during the session of the Sen- fie, {nd no nominations are made, they cannot be filled by Executive appomt ‘ment during the recess of thy Senate. If thii opinion apnounces the correct constitutional doctrine, the President has no power to make a temporary appointment of a Collector for Alsski. 1°18 to be observed, however, in Fard to this opinion, that the view adopted is ‘pot supported by such a course of argument or reasoning as would imply an acquaint. ance, on the part of the jearned Attorney General, with the full inteat aud scope of the coustitutional que~uon; and, farther, (that in auctber opinfon, given a year after-” jward, by Mr. Mason, there is’ abundant evidence that his views of the President's power to grant temporary commissions im the Tecess of the Senate were subseqaen‘ly quite duterent from those indicated in the opinion on the case of the Federal officers in Florida and }Iowa; for, in the latier opinion he expresses jhis general concurrence in the construction of the consiituiional provision under considers- tion. adopted by his predecessors and entorced by the continued practice of the Exceutive Department of the Governmeut from the ume of its establishmen: In an opinion, which I have the honor :o communicate hereinwith in respouse to your inquiry as to he power of the President to fill the existing vacancy in the office of Collector at New Orleans, I have stated the interpretation of the Constitution phrrse, describing the va- cancies which may be temporarily filled by the President. which bas been adopted by m learned predecessor in this office, and in whic I fully concur, Under that interpretation { am unable to discriminate, in respect to the exercise of this consiitntional power by the President between cases of continuing vacancy in the ree ss of the Senate, which originatcd during the .ession by the cre.iion of the office, and those which so orieinate by a Iaw.ul ter- mination of an incugmbeacy. Cer’ iiniy the ned of the official serfice in the public inter - lie mntere “+t is peremptorily ax great in one case as the other, and .he executive duty of the Pr cident for ihe discharge of which this con- #.jtu..ore! power is vd in him ts mot quali- fied by the c’rcumsiance that the office is to be fill’ d for the first ime. The office to which you refer should be set im operauon at once, unless some legal impedi- ment to filling itexists. Ido not find its case embraced within the operation of the tenure } of civil office act, and under the accepted con struction of the constituitonal authority of the | President, 1 have no doubt of bis pow-r to grant # commission to a Collector of Customs for Altaska, which shall expire at the end of the next session of the Seuate. With great respocl, I have the honor tobe } your obedient servant, } Ww. M. EVARTS, Attorney General, ATTORNEY GENERAL'S Orrice,) August i7th, 668. 5 Hor, Hugh McCulloch, Secretary of the Treasury: Si bave carefully considered the facts in relation to the Colleciorship of New Orlean, d the questions which you submit for my determination arising thereon. 17th of Jaly, 1568, ‘The case is this: On the W. P. Kell Collector of Customs at Orleans, meihle nee of that e and uently, on the same diy, was muna Eten Ris seat as Senatcr of the United States .rom action was them taken upon by the Execniive Depar.ment. adjournment of Co which occurred on the 27th of July, the it semt to the Sen- ate nominations of a successor to Mr. Kellogg ‘a8 collector. No confirmation of a successor ‘was had by the Senate. Whether the nomina- ton-was or laid over by the Senate does not appear. Short Office is fel oo a deputy previously appomted by Mr. Kel- ie ae the twenty-second section of the act of March 2, 1790, (1 stats.,64.) On this state of facts you submit for my opinion the foliowing quesdons : 1. Whe the deputy may lawfully dis- charge the duties of the office of Collector un- Ul a successor to Mr. Kellogg is lawful pointed, and whether in such case, the latter and his sureties are responsible for the conduct os the former. 2, Whether ihe President, ander thé circum- stances hrs power tosppoint a collector tem- rarily. ere Whether the President, or the Secretary ot the Treasury, under the 6th section of the ect of May &, 179, (1 stat 280) poy lawsaliy aus thorize any person to exercise tunctions of 8 collector, and require trom him security for the faithful nieces are reg thereof un- ‘til the office Tegularly Twill Fomine the second section first. The answer I will give to it may render unneces> sary any Sate on the slg third ila tons, A minary ingui whether office o] Collector of the Port of New Orleans is now vacant. and if it is, by what reason it became vacant! I have nodoubt that the office of Collector at New Orleans became — the resignation of Mr. Kel and by complete inctitution as a mem! of the Sen- it to inquire, in the q ate, and it is not important it case, which of these was the efficient Means of his withdrawal Mose crag ither. in my judgment, was adequat ihe eflect, pti effect of either, under the actual circumstances case, ‘Accomplished during the session of the ate. ifthere had been no express tion into it, in view of the provision of the Con- stitution that “no person holding any office under the United States, shall be a ember ot eitber House during his continuance in office,” must be considered as having the legal charac- ter of a resignation of the office of Uollector, ‘The case is one therefore of an office which became vacant during the Iste session of the Senate, by reason jon. May the President now fill the vacancy by eu a commission which sh!] expire at end of the next session of the Senate? resented, 80 tar as it and limited constiia- The question thus arises ander the special aul ty of the President, to act upon vacancies in office without the ad vice and con- Sent of the Senate, is a familiar one, and though not unfrequently the subiect of con- sideration, in one form and another, by my learned cessors in the office of Attorney General, the result of their deliberations bas beem uniform, and has furnished the guide upon whieu the practice of the Ex:cuttve hes been equally unitorm. ‘The Constitution says: * The President shall have power to fill up all vacancies that may bappen during the reerss of the Semate by t commissions that shall e: at the Sas are next session.” The only doubt ever suggested upon the construction of this clanse mstitation bas relation to the true in- 3 tion of phrase "that may happen dat- the recess of the Senate. view or argument that consideration of it. He from his jon it. ‘ar- fived at the conclusion. that the predicament of vacancy in office which might President under this clause ot the on ‘was not confined by it to vacancies originating or beginning toexist during the recess of the Senate, but embraces “all vacancies that from any casualty happen to exist at a time when the Senate cannot be consalted as to filling whem.” it is upon this interpretation alone g Stat. WASHINGTON, D. C., MONDAY, AUGUST 17, 1868. N°. 4,818. that, io Mr. Wirt’s judgement “the whole pur- pore of the Constitution is co npletely acc »m- Plished,” (1 Opinions, 633.) * The considerations which support and en- force this, as the necessary and proper con. struction of the Const.tution, are so fully stated in Mr. Wirt’s opinion, sad in the ms of his suce>-sore, Attorneys General Taney, La- gare and Mason, and in the more recent re- view of the whole subject pre sted in Mr. Standery’s opinion of Auqust 30, 1963, ad. dressed to the Postmaster General, that I deem it unnece.- ary todo more than to reter you to those learn-d Consutni ional dtsquisions. Upon such an established constitutional doc- taine itis hardly usefal to express an opinion, As upon an original question. 1 have, however, Upon motives of renewed interest in the whole subject of Executive authority in appointments to office, exeited by recent legislaiion of Con- Tess, ailempied to weigB &new the opposing interpretaiions of this of the Constita. tien, and the arguments aff-cting a jusi concla- sion upon the question, and caansi bat give my concurrence to the views o: my learned, redecessors to whom 1 have I proceed now to examine the recent lezisia- tion of Congress, known @ the Tenure-of- Civil-Office act, as bearing upon this cy 5 The only position of that act which is Plied to the regulation of exéeutive aathori y in the filling of admitted vacancies in office is ‘the third section, which reads as follows : “That the Presideat shall have power to fill all vacancies which may happen during the recess of the Senate by reason of death or res- ignaion by granting commissions, which shall expire at the end of their next session thereafter. And if no appointment, by and with ie advice and consent of the Senate, be made to such officer so vacant or temporarily filled as aforesaid dari: such next session of the meen such office = Temain in abeyance, wittont any salary, fees, or emoluments attached thereto, uniil the same shall be filed by the appointment thereto by and with the advice »nd consent of the Senate; and during such ume all the powers and duties belonging to such office shall be exercised such other officer as may by law exercise sucl powers and duties in cage of & vacancy in such office.” The first clause of this section of the act, re- eats the languaze of the clause of the Consti- tution which I here cited aud does not attempt Any legislative interpretation of the phrase “which may happen auring the recess of the Senate.” which it adopts from the Constitu- tion. Upon the text of the act, thererore, it is impossible to argue that the repetition of the words of the Constitution puts or purports to pht any interpretation upon them Tl simply adapted by the act im their ‘itutional sense, whatever that sense may be. Bat when we consider the general knowledge which all persons having Ds. able connection with the conduct of affairs, as well as all legal snd political students, had of the uniform interpretation of these words of the Constitution which had been accepted and acted upon by the Executive branch of the Gov- ernment. have been accepted and acted upon by Execu- tive branch of the Government, it is almost a conclusive presumption that ( ace cepted the words of the Constitution in 1s -adoption of them into legislation, affecting the exercise of Executive authcrity mm the sme sense in which they had been accepted and acted upon the Executive branch of the Gov- ernment. This being so it will be observed that im case of vacancy now under consideration arising by resignation, tuere is nothing in the operative enactment of third“ section, which, in terms or by any implication; affects or purports to af- fectthe President's autho-ity in filling the of- flee, uniess and until i: soail have fallen into the predicament of abeyance” described in the section. This condition of “abeyance” is lim- ited to arice upoh the expiration of the “next session of he Se ate,” without the office hays ing been filled “by and with the advice and consent of the Senst This predicament of “abeyance,” in its ap- tication to the office made vacant by Mr. Kel. loge’t resignation, can only arise by the expi- Tation of the Nextcession of the Senate, with- out that bodys haying concurred in a tull appointment to it. It taatevent should occur, then the operative ewaciment ot the 3d section Would come into play, and the office of Gollector at New Orieans would be for the tme obliterated {rom the public service. But until then I cannot percetve that the power ef the President to net wpon the vacancy in the office, as it now siands, 1s affected by the pro- Previsions of this act. I am, therefore, of opinion that upon the well considered and Jong continued interpretation of tuis clavse of the Constitution the President bas power to fill the vacaucy in the office of Collector at New Orleans by granting a com- mis-ion that shall expire at the end of the next session of the Senate, and that the “Tenure of Civil Office” act does not, in terms, nor in in. tent, mor in legisiative construction of this clause of the Constitution, affect this power o the President in the case submitted for my opinion. ‘The disposition 1 have made of the principal inquiry addressed to me, donbiless supersedes need of a definite consideration of the native advice which I am asked for, as to the posssble modes of keeping open pot of New Orleans and collecting the customs revenue there, in case the President had not the power of appointed a collector. I have, however, looked at those questions sufficiently to feel that they involve mat. ters of miuch difficulty, and as the closing Of the mouth of the Mississippi to foreign com- merce and the transfer of that commerce to the Atlantics Ports, would be of astounding influence upon yast interest lom pics Sho find no embarrassment in the regular ial administration of the collection of the revenue at New Orleans from the defect <f executive power in the premises. With great respect, 1 have the honor to be your obedient servant, Wo. M. Evarts, Attorney General. ——_o+e ____ Tue Saw Francisco Minr Roppep or MNO —Arrest of the Culprit.—Some five or six Months since Another defalcation or swindle was discovered in the Sub-Treasury Depart ment at the Mint in this city. It was found that the Government had lost some 12,000 by gm ingewious system of fraud. An outside broker would buy “low bars,” that 18 to say bars of low grade gold, say six huadred or seven hundred fine, and it them in the Mint for coinage. The computing clerk in the ‘Sub-Treasurer’s office would thea make his returns on the bars at a higher grade, say eight Bundred and upward, and collusion with other parties, as is sup , certificates of assay representing & considerable sum more ‘than the actual amount Soposines ould be issued to the broker, and by him sold. To do this quite a complicated tem of alterations and false entries was required, but the canse of the deficit was well covered up for & long time. The broker and Mr. Sill, the computing clerk, ‘Were indicted, and the latter, leaving his bonds- men in the lurch, left for the East. Marshal Rand tollowed him East, but the fugitive doubled on him and returned here some two weeks since. Yesterday it was ascertained that he was concealed in this city, and Deputy Marshal Worth, Captain Lees, and Detective Fuller found him at the Vernon House and arrested him. The trial will p ly now take place immediately.—AjtaCalifornia, July 17. ——— Two Men Kiwrep ny THE Kuxs-Kivx.—a despatch from Nashville, Tenn., yesterday, — Last night, at midnight, a party of some fifteen masked horsemen rode into Frank- lin, Williamson county, and broke open the store of a Jew named Bierfield, a Radical. Bierfield, as soon as he saw the masks, at- tempted to escape, but was fired upon, and fell dead, pierced by five bullets. Lawrence Kow- man, 4 col man, clerk to Bierfield, was shot, and ran off, but was afterward found in @ iot, where be had taken refuge, mortally wounded. He died this morning. Buerfleld’s body bas been brought here for burial. The mA&skers are unknown. affair occurred just after the close of a circus exhibition, and many people were on the streets, some of whom in'erfered, but could not prevent the Assassination. It has created intense fveling in Franklin.” Laxp Sates 1s QUBEN Axug’s County, Brown, +; trustee, sold on Fon Fe ene cals, te Steer Pome farm, sitnate on Chester river, and belonging . Jas. C. Tilghman, containing $50 acr-s, iorenito acre: Wn, MeoKeney. Ward Ti wrsituate abont ou from The farm TELEGRAMS TO THE STAR. This Afternoon’s Dispatches, TENNESSEE AFFAIRS. Congressional Nem‘>1t [Speci#’ Dispatch to the Was’)ingion Star.) NashviLLe, August 14.—Yesterday’s ses.ion ofthe Tennessee Republican Convention was devoted mainly to the question of the propriety of nominating candidates for Congressmen at large, and it was determined by a de- cisive majority to nominate. The choice of te Conyention fell upou Ceneral John B. Rodgers, of Middle Tenne-see, and Hon. T. A. Hamilton, of Memphis. Mr. Hamilton is a member of the present Legistature, ‘This concluded the formal work of the Co3- vention, A mo ‘on to adjourn sine die pre- vailed. The President, Horace Mayaard on leaving the chair, made aiongand »te-esting speech. Generally speaking, the Convention ‘Was very harmonious. It is believed thai the spirit developed in the Convention and shed abroad “om it, will heal ‘1 some way the un- fortunate divisions which exist in the Nash- ville and Memphis D stricts. pice teases THE PRESIDENT CALLS ON GENERAL GRANT FORK iNFORMATION RELA- TIVE TO A MILITIA ORDER FOR THE DISTRICT. {Speci .1 Dispatch to the Star.) New York, August 1/.—A special Wash- ington dispaich im the Heraid says that the President has called upon Gen. Grant for in- forma ion regarding the execution of an order issued some months since to disband the vol- unteer armed militia organizations of this Dis- trict. ——$—$—$<$<—$<$—_____ FROM MEXICO AND THE WEST IN- Digs. New Yor, Ang. 17.—Telegraphic advices have been received from Vera Cruz to the 13th, and irom the City of Mexico to the 10th inst. Senor Romero bad arrived at the ital and resumed bis duties as Minister of tne Treasury. A re-enforcement of five hundred men had been sent to Alatorne, who was operating against Negrete. Cortina had refused to join in Negrete’s retellion, Policy of The Zraite d’ Union advocates the courting European alliances as a guard against American influences. The colony of Barbadoes is uneasy because many members of the British garrisous sta- uoned there are Fenians. Telegraphic advice: from Jacmel, Hayti. to Avg. ist st.te the party of Picos bad been de- tented at Paynet, and forty of them were taken rrisoners. Among them were Gen. Aley andre, ‘who was shot by his captor: FROM PHILADELPHIA. PUHILADELYHIA, Augnst 17—Mayor McMi- chael, with delegations .rom the City Couacils, of the Union League, and the Repuoiican Invincibles, stared this morning om & special train for Lancasier, to attend the funeral of deus Sevens. The Orcer of Red Men, numbering about two thousand, m:de an imposiug procession this mo:ning. on their way to a picnic at Wash- ington Retreat, inciuding delegations from eigbtStaes and the Grand Lodges of the United States and of Peunsylvamia, To-morrow they dedicate their new hall, at the corner of 3d and Brown streeis THE NEW PLANET. Detroit, August 17.—Prof. Watson of the Deiroit Observatory, furnishes the following rt: Lbave the pleasure to anuounce the very of a new miner planet, which I msde last might. It shines likea star of the tenth magnicude, and at twilight this morning was ated as follows: Right ascension 355 deg. declination 0 deg. 48 min. south. Its Appareat motion is now west and norih 33 seconds of ‘ime in right ssceasion, and 4 min- utes of are in declina. ion. FATAL ACCIDENT—G' LEG Fr TO A COL- Boston, Ang. 17.—A man named Cupning- bam was run over on the Lowell Rrilroad at East Cambridge on Saturday and killed. Mr. Frank Jones, a m it of Loston, has given $15,000 to the Andover Theological Sem- imary towards the foundauon of a Professor- of Elocution, Aug. 17.—Brown & Pat- terson’s foundry, which employed over fifty men was destroyed by fire yesterday. Loss, $0,000. Forgicn Naews.—Further advices from Tip- perary, Ireland, bave been received. ‘The agent |, he of the landlord, Mr. Scully, was not killed, as at tirst reported. He endeavored, to serve some ejectment notices upon several tenants in the Vicinity of the city of Tipperary, when he was aitacked by a large body of them, and was obliged to fly into the city io save his life. Friday be started again upon the same errand, accompanied by a large body of well armed police. Upon reaching the hamlets of the ienantry, bis efforts to serve the notices Were met with derision and threats of violence. The police endeavored to disperse the mob, when a fierce fight ensued, during which police fired upon the rioters several times. shots being returned by some of their crowd. Severai of the mob were wounded, as were also a number of police. Mr. Scully was seriously ‘wounded, and the police retired, being unable to make any arrest at the time. The city of Tipperary is in a high state of excitement, and further trouble is ap} ded. Saturday last was the Prt- day of the Emper- or Napoleon. It was celebrated im France with much enthusiasm. In New York the French —— in port threw all their bunting to the reezr. A serious encounter took place at Pera be- tween the Greek residents and the Turks, in consequence of the violation of the grave of Prince Mirdites. The troops of the Sultan were called out and fired upon the Greeks, kill. ing and woundinga largenumber. The trouble was finally suppressed by the military. The news from China is unimy at. In Japan ——- thousand Southerners made an attack on Tokaga, who was at Yeddo with only fitteen hundred men, but were fepulsed. Next day they renewed the attack, and Tokuga was entirely routed and half of the city destroyed, including two large temples. A terrible battle between the forces of Ardzu and Satzama is also reported to have taken place, in which the lat- ter was defeated with great loss. Other dis- turtances and disaffections have taken place, and there was @ rumor of a proposition fo re- fer the settlement of affairs to the arbitration of foreign powers. © Love amv Suictpg—The Rochester (N.¥.) |e ert contain a singular story: It seems that irday evening or Sunday morning a girl named ma Wheeler, in the employ of Mrs. Bush, Arnold Park, committed suicide by taking morphine. The deceased was a pretty, intelligent girl, and was receiving attentions trom @ young man residing in Boffalo. The relations between them were of such a nature that they should not have existed out of wed- jock. Saturday evening Emma received a letter from the young man, informing her tha; he could no longer pay her atteniion, and re questing the return of several little articles he had given her, This information had a very depressing effect on Emma, who had expectea foung man. She showed the to marry the letter to Mrs. sh, and informed her of all the circumstances. Mrs. Bush talked with ber, bidding her to cheer up—that the future was before her, and that she was the one who could makeit happy. Her error could be overlooked. inadvertence shi and for one e should not cast her aside. About six o'clock \y morn- ing Emma was bed breathin, iz heavily, but was not disturbed—it being su; that she was , and that tl labored breathing srose from her essed siate of mind. About seven o'clock she was discovered to be dead. Coroner was bey a verdict was bn legate Umbrellas are the fashion in Blair bas seven children. Se; Grant ber vevernt childres: y nose. avif Adam were alive, be would be 5,363 years old the 13th of next month. = IMPOSING CEREMONY. One of the grandest and most impressive ceremonies of the Catholic Chureh took plac* yesterday morning at the Cathedral in Balti A. of the Nocese of Richmond, was named, whilst the latter will be filied by Rev. Dr. Jame: Gibbon<, lately one of the secretaries of the Most. Rey Archbishop of Baltimore. Long before the hour named for the beginning of the seryicss, Charles, Mulberry and Cathedral streets were filed with people, anxious to see the procession of priests and mansion to the sacred guard of honor during the prssage of the clergy ‘The procession was an ing One, and in it were several visiting priesis {rom this city. On entering the main aisle of the Cathedral the choir. with full orchesiral accompaniment, burst forth in a grand consecration march. The bishops and senior priests then took their places in the sanctuary rail,the nena ee sane. boys occupying positions without tar rail. ‘The main altar was brilliantly Lighi d, aud profusely and e! y decorated with How. ers, whilst the side aftars were also rendered attractive by lighted candles and adornments. The Archbishop, who acted as consecrator and celebrant of mase, was attended by bis deacons of honor, whilst the bishops elect each took ition ‘in the side altars—Rishop Gibbons ing attended by Right Rev. Bishop Lynch, ot Charleston, and Right Rev. Bishop, Dominee, of Pittsburg, and Bishop Becker by Rigat Rev. Whelan, of Wheeling, Va.and R°«! hop McGill, of Richmond, Va. With- in the sanctuary were the Right Rev. Bishops Bayley, of Newark N. J.; O'Hara of Soran- ton, Pa., and Shanahan, of Harrisburg, Penn- sylvania. The Most Reverend Arctbishop Spalding oocapied & seat on the topmost step of the altar, and the Apostolic Commission authorizing the consecration haying been read by Rey. Dr. Corkran, of Charles: S.C, the Most Rey. Archbishop proceeded with the consecration. and closed with administering the oath of of- fice to each of the new bishops. The Arch- bishop, as celebrant, then procesded to sing Pontifical high mass. attended by Re P. is as deacon, and Rey. H. M. Coa During the mass the consecration ceremonial occurred, of which we condense the following brief account {rom the Baltimore Sun of this morning ‘The bishops elect, with the attendant bish- nd priests, each at a side altar, were then invested with the pectoral cross. the tunic dal- matic cbasuble and with white sandals. The consectator and assisting bishops then knelt, resting forward on their seat=, we ring their mitres, whilst the bishops elect Inid prone on their faces on the floor of the sanctuary. The Litany of the Saints was then sung, the re- sponses of ‘Ora pro nobis,” ‘Pray for us.” re- sounding through the arches of the grand old cathedral. The litanies being finished, the elect knelt be- fore the con: crater and assistant bishops, the Book of the Gospel open was piaced on’ the neck and shoulders o! the elect, the handsof all the bisbops being laid simultaneously on their heads, each of them touching the head of che elect with both hands, saying. at the same time, «Receive thou the Holy Ghovt.” Bands of limem were then bound around the heads of the elect bishops, and the consecrater, putting on his mitre and taking off bi= ring and gloves, Anointed the heads of each fyvrith holy oil or chrism, making the sign of tne cross on the crown. which was tonsured, or shaven. elect then each had a white cloth placed on his neck to support lis bands and joining them side to side, knelt before the Arch- bishop, who anointed the palms with chrism in the figure ot a cross, and afterwards their en- ire surface, saying, ~ those hands be anointed with consecrated oll and the chrism of sanctification, as Samuel anointed David, King and Prophet, so may they be anointed and cou. secrated.” Auer the reading of the Gospel, the Very Rev. Dr. Thomas Foley ascended ‘the pulpit and preached an interesting and 2 ffec'ing ser- mon, ba. ing bi- remarks on the 15th chapter of Jobn, from the sth to the 7th verse—« Abide +m Me and I in you, &e. At the close of the sermon the mas= was pro- ceeded with and the ceremonial of the conse- cration continued. The book of the gospels, closed, was then delivered to each by the consecrator. This was ‘followed by the newly consecrated bishops re- ceiving the kiss of peace from the Ai ard assistant bishops. The former then pro- ceeded to the side altars, where each proceeded ‘with a portion of the mass, the consecrator, with deacon and sub-deacon, proceed: manner at the grand altar, to the ablu’ by the priests and c! at the close ot which the ceremony closed last? ing over four hours. During the whole service the immense church was densely crowded, the ausles being absolutely packed. Notwithstand- ing the heat the most intense interest was min- ifested, the grandeur and novelty of the scene only excelled by the Iate Plenary Council, some months ago. After unrobim, prelates and clergy retired through the sacristy to the arcbiopiscopal mansion, the orches:ra perform- ing the grand march « Titus,” by Mogart services were directed by Rey. Stanislaus Fer-e, master of ies, assisted by Reve U-Lequerre and LM. Rince. J ImrorTaxT RaiLRoaD Dwcrston.—Jadge Sharswood, of the Supreme Court of Pennsyi- vania, has rendered a decision to the effect that the platform of a railrond company, at its sta- tion or sopping piace, is ip no sense a public highway, and that there is no dedication to public use. Personsare allowed to walk over Dg no ical saa an do €0; and the servants of the company, alter requesting them to leave, can remove them by whatever force may be neces- sary. ‘The Pennsylvama Railroad Company bad constructed large platform at Johnstown, Cambria county, aver the bed of the Pennsy!- vania Cansl, ich is outof use. On the ex- cursion trip of President Johnson im 1566, the train, which was exclusive for his party, ‘topped at the station. A very large crowd of persons, among whom was yp prey Gillis, and hear party; the platform troke down, the crowd was precipitated into a chasm below, and the plaintiff was injured. 1t was there, (Was not responsible to him for the injury. As to the friends of - being there }, and all such persons to whom the com- pany stood in relation which required care, ‘the company were bound to have the structure strong enough to bear all who could stand on it. —ccuwuWuWwWO RESULTS OF THE STRIKE IN THECOAL Re- bear egw Boston a. 5 — lers who bave recently passed Schaylkill and other icts im the try, speak of the melancholy results of the strikes which have prostrated business for a month throt ut that region. In the miners’ i | cou none; coupon, Rew, TY: Bao, ol, coupon prelates anmounced to proceed | | expressed ber INANCIAL AND COMMERCIAL, In New York Saturday money was extreme. 1y easy to borrowers on SAUSfACloTY collaterais Mt four per cent. with exceptional (ransxcuons at three and five per cent, but the recent fal. Bre of leett, Kerr & Co. brokers aod bankers With Western coan-ctions, and the heavy de- chine in Exe, have made leade: the standing of borrowers security, a5 well as the e: of m staieme nt of the assoctaind banks of } eaty for the week endii 4m ng S mats of currency to the recent aby West. deposit: have decrraed $s 153,405, tender notes the specie 81, ——.__ [By Bankers’ and Brokers’ Teiegrapn.} 10.40's, coupons, toe ern, *3; Illinois Central. 168, me. SS; Ni 79%; Cleveland and Towdo, %; Rook island, Ms. Fert Wi Waits: Farge &Us. Exprect oh American . Express 25; Press, 40; United States Express, 41, Mer- chants’ Union. & Alton. ik) do Prf'd, none. Market weak. Gold, 146). Baltimere Stock Market, Te-d Battimore, Aug. 17 —Virginia sixes, 1 45 bid, 45 r<ked: do. compon, old and new, 53 bid. North Carolma sixes, new, 71 bid. —-.—__ timere Markets. Te-day. BaLtTimons, August 17.—Cotion firm at aoc. for middimg uplands. Flour quiet bat less firm; Cuy ills suder S9.50aSl0; do. extra, #11.259813 25: family, #13 20815: North western, Super. $7.75096 do. exira, €*.75a89.50. Prime sud choice wheats firm, low grades dull, at S2.20a82.4) Corn dull; prime white, 81. {sai 20, prime yellow, $1.17a8i.18; fly 4 $1.15. Cate dull at Teas. active: rib sides ‘ores, 8 Virginia 6's, 53. 0, REW, Hy. Eurepean Markets T Loxpox, August A. M.—Vonsols, %& for money, and 9iy tor account; U.S. Bonds, Tig; Lilimots, 914; Eries, 34 Frawkront, Aug. 17—A. M.—1. S. Bonds, x. Liverroot, Aug. 17.—A. M.—Ootton active Sales of the day estimated at 20,000 bales, Up- Jands, 10 y: Orleans, luis. Breadstuffs and pro- Visious unchanged. Lowpor, Aug. 17—P. M.—Ernes. 944; Atian- tic and Great Western, 39,; Uonsols un- changed Liverroot, Aug. 17—P. M.—Qotton closed buoyant and hi Uplands, 104; Orleans, 10. Breadstuffs quiet. Lard firm at 66s, Pork dull. Cacon 51. Lowvor, Aug. 17.—Sugar declining. Sperm Oni Lu, ee Sverictox or Four PLay—4 singular Cos J Coroner.—Qm Tharaday Coroner b lave caused the body of Mrs. Sarah J. Gamble, Jately deceased, to be exhumed at Greenwood Cemetery, where it had been buried a few da: 8€0, upon the representations of certain rel tives of the deceased, who are suspicious of feul play. The case which gives rise to the present mystery appears to be, as mea as can sorrtained, based upon the followiug facts Mrs. Gamble, the lady in qae-t Tied to her second husband, was Property to the val ona farm im Clarkstewn, Rockland cc New York. A short time ago she wa: sick, and after a briet illness died—a phy of that ville re. who had been in atven on her, furnishing the necessary legal certificate. The brothers and relatives of Mrs. claim to bave been kept im ignorance death, and were not in attendance at the fuveral This. owing to the fact that she had during life determination to pequeath tne farm to ber husband and the rest to her brothers, caused her relatives who were Rot remembered in the will (the whole prop- erty being left to the husband) to take uml at the mode of proceeding Mr. Gamble. Another circvmstance which the rel- the .act that she ex-coupon, 64) will be made, however, bya New York chem- ist. A warrant in the meantime bas been is- — Soe eee who will be held to await Teeult of We iuvesugauon nding. Counsel has been jury. by the coroner to keep the inquest from the public, and the above facts are all that can thus far be elicited.—New York Sunday Herald. Tae Fuxeess or THappas Stevers—Rr- turn Home of the Butler Lowawes—A dispatch trom Lancaster, dated ‘¥, Saye —MEx- tensive preparations are being made here for the funeral of Thaddeus Stevens on Monday The body was pot removed to the court- house to-day. as was contemplated yesterday, the iriends of Mr. Stevens desiring that 12 should remain in hisown house. Thoussads of people visited the ington, left bere this a-m.on teat serares It appears considerable feeling was excited here by their presence, many Republicans, and all Jemocrats regarding it s* inappropriate. On the street, this a. m., the colored Officers at- tracted considerable attention, farmers and others atthem with @ sort of mingled curiosity and wonder. The following gentle- men, personal friends of Mr. Stevens, and all of them citizens of Lancaster, have been se- lected to act &s pali-bearers:—Ool. W. B. Ford- ney, James L. Reynolds, Heury B. Swarr, Nathaniel Elimaker, John Fondersmith, Thos. Bomeardner, David Bair, and Christian Dill. Tallon Monday. Along with otbers ate’ Sens. tor Sumner, Senator Tae Pervertvaxra Coat Miwers.—The miners of the Schuyikill and Lebigh coal re- gions are that they have rece ved ning bo assistance im thew strike from the of the Wyoming district. The W