The New York Herald Newspaper, January 15, 1867, Page 10

‘ s 10 STATES SUF UUITE Hi EME “couRT. Decisions in the Misso” 6 and Lawyers’ Test Oat’ 4 Cases. BOTH ACTS D” oy ARED UNCONSTITU?, ONAL , Disser seine Opivion of Chief, Justice Chase and Associate , Juabices Mister, ry Swayne and Yuvis. ‘The Wivseurt Test Oath Case. Wasunaro, Jan, 14, 1867. Ye the Sifpreme Court of the United States to-day, As- woclate Justice Field said he Aad deen Instructed to de- liver the opinion in the Jobn A. Cummins, plaintifin error et the State of Missourt, involving the constitutiowatity of tho test oath of that State. The plaintitt ws Roman Cetholic priest, and was convicted by the courts for advising and preaching without having first taken the required oath, and sentenced to pay a fine of $500, snd committed to Jail until paid, On appeal from (he cult Cort the Sapreme Court of the State afiirmed the judgment. ‘The following i8 a mere outline ‘of the vpinion:— Tho oath by tre constitution of that State imposes more than thirty distinct affiemations and tests. Some of them constitute offences of the highest grade, to which the heaviest penalt © attached; come of them are not statute, Wile others wre not blameworthy, They require him not only to swear that he was not in Bostility to the Unived States, but that he never manifested adkerenve to the caute of or desired a triumph over the arms of the 8, or that he ever expressed sympathy for OF eVer Sought to promote the ends of tho engaged in war acainst the United States autboritic ever left the State Lo escape enrollment or the perform. ence of military ¢ expressed his dis tion with the gov svery person unable Abie oath was d y ing otic or, or of acti ee Or inauager of any n now oF to be established; or of teach ing iv any educational institutions, or holding real estaio for rel nck Les oF congregations, and every person holding such office at ‘the time the consti ution Went into effect, Was required within sixty days to take th and in default of taxing the oath lis office be ant, No attorney at the bar, priest or preacher 18 permiited to tench or solemnnize mar riage without taking the oath, False swearing is made punishable by imprisoument in the Penitentiary This oath 13 without any precedent in this coun- try which the court could discover, It is first retroactive, and if taken years hence would cover the intervening period. In other countries test cathe were Uitnited to The present and were not administered in particular instance Secondly, the oath Ja not only directed is who opposed the acts of the government, but denounces their devices aud ey mpathi It makes no distinction between acts arising trom maliynity and acts springing from affection, ny one sed eympathy for the rebellion, nif he were connected by the ctosest tes of blood: ho 18 declared une ibe to the oath, and is debarred from the employment speciiied, Tho Court admitted the proposition of the jearned counsel of Missouri, that =u State possessed all the atiributes of soversigaty, and among the rights reserved to the state was the power to determine the qualiti- cations for office and the conditions on which citizens may exercise their callings and pursuits within its juris- diction; but it by no means follows that the State can infiict punishment for acts which were not punishable wheu commitied. It was evident from the nature of the areuits and professions of parties ; laced under disability the constitution of Missouri that thelr acts had no por sible relation to their fitness for their pursuits and pro- fessions, there was no convection between the allegation that Commins left the State to avoid the draft and the edmipisiration of the sacraments of the Church; nor can fact of that kind, or words of sympathy for those in ellion, how the unfitness of lawyers, or professors, or hers, or theif want of ability in acting as mal or ‘rastees of corporations. It wis manifest on the simple statement of their acts that there was no such reiation. fhe oath could not be applied ss ether the parties were quelified or not. Tbe th was intended to reach persons, nod Abeir calling, not because their acts unfitted them for their calling, but because it was thought their acts were deserving of punishment in no way but by depriving Mew of cluzenship. The court did not agree that tess ‘than the deprivation of life, berty and property was no pupishment at all, # disqualification from holding office, impeachment may be a punighment, also the pre- ttorneys practicing in the federal courts. By tes nine andten of Wiiliam IIL, any person speaking against the Christian religion, or speaking or writing against the Divine Spirit, was lable, for the frst offence, to be reudered incapable of beldiag offices of ‘ost or profit, and for the second, to prison, Stature wo, George IIL, for contempt against the King’s authority took away the right to rec slegacy, deed or gift, or vote atgelection for Pai ‘wih A penalty of Blackstone says th Aberty consists in the loss of lands, or profits of lands for life, and disabilities from holding oflices of honor or emolument, Aimong the Romans the lo: 4 disability of al) privileges as member citizenship: in France deprivati the right to vote or to be ap empl i ing. The theory on which our institutions rest is that all men have certain inalienable nghts, among which were life, liberty and the pursuit of happiness, ai) pinces of honor and position are open w every on ‘and all are protected equally under the law. Any de- privation of rights ior past conduct i ponisbment, and cannot otherwise be det The court then proceeded to the consideration of the constitutional question. The of a or ex post Jaco law li of attainder act which involves punishment withou than death, it is attainder includ & legisiattve trial." It less bill of paius and penalties. A bill of Pains and penaltie the and ef pun shmeut in accordance wiih its . Justice Story eaye bills of this kind were mostiy passed in England, during the rebel- hon in England, or the groves substance of them, (or getting Justice and tramphug on the rights of others, Such mills are generally directed against che individnale by name. By Henry the Kighth it was declared that Far Kildare and his abettors, coufederates or adherent= sbould staud, and be attainted and convicted of high treason, a# though every one of them were properly wamed as engaged inthe fact So the declaration in the time of Charies the Second that Earl Carolan should suger exile. If the third article of the conalitution of Missouri hed it in terms that Cum: was guilty of ed hostility to the United Mater, and had said be left the State to avom being drafied, and that he “as therefore deprived of bis right © teach {n the fnstitutions of the taud, Sbere is no question that this would be « bill of attainder in view of the constitution. If the clause, instead of mentiontog hie.name, had declared all persana subject to like privations, the clause would be equally open to objection; and if it bad declared that all such persons would be held guilty, provided that by s So they did pot-do certain that would be within the constitutional inhibition Ip all these cases; it would. be legislative judgment without the form ‘of security of citireus establiahed by our tribunals. The susstion presentod is one of form and not of substance. exieting clause presumes parties guilty, from which capnot release themselves without an expurgatory It is certaw: the legal reeult is that which cannot be done directiy, cannot be done indirectly. The consti- tution doals with subsiance, pot with shadow. It aime at tbl not names. Obief Justice Marshall says an ex yor foco law imposes punishment for an act not punishable at the time tt was committed, or im- ores penalties additional to those then prescribed or different testimony, Thatcher versus Peck makes it an act of punishment for what was not punishable at the Aime the act was committed. The act to which Judgo Marsbal! makes reference was by the Legislature of Georgia, repealing » previous act by which land bad been granted = It was the repealing act bad the ‘effect of an ex post facto law, Theclause of the Missou constitution dia not ip terms define any crime or declat paniehment iaficted, but presumed the same it as if the crime had beeu defined and tho panishment pre- scribed. It simed at some persons who directly or in- directly had aided the rebellion or escaped proper rea Saat of citizens in time of war, and was intended deprive certain persone of offices ef trust and emoiu- Ment. Puch deprivation ie puniehmont, nor is it # way which is oponed by an expurgatory oath. Now fore of these were not ofiences whe the acts were com- anitted. It waa not then offence to avoid the enrol ment of the draft, Bow inuch eoever it eight be tler of censure, Some of the acts at which # P stitution was directed were offences at the time, Dot the clause which prescribes farther penaities * within the nature of an ex post fagto law. ‘he ve im question gubverte the presumption : Innocence ai + pee the rules of evidence, which ‘aw are fundamental. It presumes the party to be guilty and declares their innocence can bo #bown only in one way, and that by exputgation, Put ‘this clause in the form of A legislative act and it would road, Be it enacted, &c., that all persone in.armed bos. tility to the United States ehali, on canviction, not only De puniehed as the law provided at the of the offence, but also fondored incapable of holding offices of trnat, of emolument, or exercime the office of a teacher or @ priest, &c. No one could doubt that this third grticle if thus rendered would be ex post facto, ve- eange pt would be adding * punishment for av old offenog For 9 offence not punishable at the time of it it would impose penalties without the form of jodicial proceedings. The constitution of Mis- sourt an oath which it would be jmpossible for all to ‘Thé constitution of the United States cannot be evaded Sn the form by which the power of the State ie exerted. If this cam be accomplished by Jndirect means the constitutional inbibition may be ovdsted at pleasare. Take the case of a man tried for treason, and if convicted snd pardoned, nevertheless the }.4 islatare might preecrito that unless be to an oath that he never did the act charged he shoud never hold of honor or profit, Suppose the mi- nority #hould get the contro! of the State government, notbing could prevent them from foqniriny that every person, as a condition of holding office of honor, protit or trast, chould take an oath that he never advocated, advised or supported the imposition of the prosent ex- purgation osin, Under this provision the most flagrant Vielgpons ef iy ay be comm) ‘ied. aud individualy ST oye - of thelr ¢ A question rose im New 1743 ap fthe State whieh tevolved reation cach as a means of punishment, The ct was regarded 80 Important Ws to engage the atten- oof emineze lawyers and divtinguished siatesmen of ¥ Je ume, Alexander Hamiltoe demonstrated that it was on violation of the constitution, which secured the rights and liberties of tue people asthe result of the Revolu- tion, It Was a wise axiom What every man ts believed to be innocent until be is proved guilty, Tbe reversing of this was to bold out a bribe to perjury. It deprived the citizen of the advantage of leaving the burden of proof Let as not forget that trial by jury remain inviolate forever, &. The same view was a by the judiciary on analogous questions, The qurt said in conclusion, the judgment of the Supreme purt of the State of Missourl must be reversed, with directions to enter judgment to reverse the judgment of the Creuit Courtof Pike county, and also with direc- Uons to said Cireuit Court to enter an order discharging the defendant from imprisonment and permitting bim to go without delay, The Lawyers’ Test Oath Case. Mr, Justice Field having delivered the opinion of the Court in the case of Cummins vs, The State of Missouri, proceeded to say :—I am also instructed by the Court to deliver its opinion in the matter of the petition of A. H. Garland. On the 2d of July, 1862, Congress passed an act prescribing an oath to be taken by every person elected or appointed to any office of honor or profit under the governmont of the United States, either in the civil, military or naval departments of the public service, ex- cept the President of the United States, before entering upon the duties of his office, and before being entitied to its salary or other emolumenta, On the 24th of Jan- nary, 1865, Congrese passed a supplementary act, ex- tending its provisions so as to embrace attoraeys and counsellors of the courts of the United States, which provides that after its passage no person shall he admitted as an attorney or counsellor to the bar of the Supreme Court, and after the 4th of March, 1865, to the bar of any Cirenit or District Court of the United States or of the Court of Claims, or be allowed to appear and be heard by virtue of any previous adinission or any special power of attorney, unless he sbal! have first taken and subscribed the oath prescribed in the act of July 2, The act also provides that the oath shall be pre- served among the files of the court, and if avy person take it falsely he shall be guilty of perjury, and upon conviction shall be subject to the pains and penalties of that offence. At the December term of 1860 the pe- Ultioner was admitted as an attorney and counsellor of this court, and took and sub ed the oath then required by the second rule, as it then existed, It was only requisite to the admission of attorneys and counsellors of this court that they should have been such officers for the three previous years in the highest courts of the States to which they Tespectively belonged; and that their private and pro- fessional character should appear to be fair, In March, 1865, this rule was changed by the addition of a clause requiring the administration of the oath in conformity with the act of Congress. In May, 1861, the State of Arkansas, of which the petitioner was a citizen, passed an ordinance of secession, which purported to withdraw the State from the Union, and afterward, in the same year, by another ordinance, attached*herself to the 80- called Confederate States, und by act of the Congress of that confederacy she was received as one of its mem- bere, The petitioner followed the State and was ono of ber representatives, first in the lower House and afterward in the Senate of the Congress of that confederacy, and was a member of the Senate at the time of tho surrender of the Confederate forces to the armies of the United States. In July, 1865, he received from the President of the United States a full pardon for all offences committed by him by par- ticipation, direct or implied, in the rebellion, He now produces this pardon and asks permission to continue to practice as an attorney and counsellor of the court with- out taking the oath required by act of Jahuary 24, 1865, and the rule of this court, which he is unable to take by reason of the offices he held under the Confederate gov- ernment, He rests his application principally upon two grounds—frst, that the act of January 24, 1865, so far as it affects bis status in the court, is unconstitutional and void; second, thatif the act be constitutional, he is released from compliance with its provisions by the pardon of the President. The oath preecribed by the act is as follows:—First, that the deponent has never voluntarily borne arms against the United States since he has been a citizen thereof; second, that he has not voluntarily given aid, countenance, counsel or encour- ment to pereons engaged in armed hostility thereto; third, that be bas nevor sought, accepted or attempted to exercise the functions of any office wbatsover, under any authority or pretended authority, in hostility to the United States; fourth, that he has not yielded a volun- tary support to any pretended ernment, authority, power or constitution within the United States hostile or inimical thereto; fifth, that he will support and defend the constitution of the United States ali enemies, foreign’ and domestic, and will true faith and allegiance to the same. This last clause is promissory only and requires no consideration. The questions presented for our determination anse the other clnuses. These all relate to past acts, Some of these acts constituted, ‘when they were comeitted, offences against the crimi- ‘nal laws of the country, and some of thom may or may mot bave been offences, acoording to circumstances un- der which they were commiited and the motives of the parties, The firat clause covers one form of the crime of treason, and the affiant must declare that be has not been guilty of this crime, not only during the war of rebellion, but during any period of his life since he has deen a Citizen, The second clause goes beyond the limits of treason and embraces not only the giving of aid and encouragement of a treaconable nature to a public enemy, but also abe giving of assistance of any kind to persons engaged in armed hostility to the United States, The third clause applies to the seeking, acceptance or exercise, not ouly of offices created for the purpose of more effectually carryimg on hostilities, but also of any of those offices which are required in every com munity, whether in peace or war, for the administration of jusiice and the preservation of order, The fourth clanse pot only includes thore who gave a cordial and active support to the hostile government, but also those who yielded @ reluctant obedience to the oxisting order established withont their co-operation. The statute is directed against parties who have offended in any of the particulars embraced by these clauses, and its object is to exciude them froin the profession of the law, or at least from its practice im the courts of the United States. As the oath prescribed cannot be taken by these parties, the | Met as against thems operates as a legislative decree of aston of perpetm fessio for past light than asa punishment for such conduct. Tho cx. action of the oath is the mode provided for ascertain! the parties npon whom the act is intended to operste, and instead of losgening, increases its objectionable character, All enactineuts of this Kind partake of the natore of bills of pains and penalties, and are subject to the constitutional inhibition against the passage of bills of atiainder, under which general designation they are included. in the exclusion which the statute ad the ordinary avocations of life ber Judges, it imposes a punishment for rome of the acts specified which were not punishable, or may not have been punishable at the time they were committed, and for all the acts it adds a new punishment to’ thai then prescribed, aud it is thus brought within the further inhibition of the constitution against the passage of an ez post facto law. In the case of Cum- mings vs, the State of Missouri, just decided, we had occasion to consider at length the meaning of a bil! 4 attainder and an ex post fucto law in the clause of the constitution forbidding théir passage by the Stetes, and it is unnecessary to there what we then sald. A like prohibition is contained in the constitution agsinst enactments of this kind by Congress, and the argoment presented ip that case against certain clauses of the con- stitution of Missouri is equally applicable to the act of under couside: io this case, The profes- sion of an attorney and counsellor is not like au office created by an act of Cor which depeuds for its continuance, its powers tg emoluments on the will of ite and the possession of which may be burdened with any conditiens uot prohibited by the constitution, Attorneys and counseliors are not officers of the Uni States. They are not elected or appointed the manner prescribed bv tho con Stitation fr the election or appointment of such They are officers of the court, admitted as such by its order upon evidence of their possossing sufficient legal learning and fair private charscter. Since the statute of Heary IV. it has been the ice in Eng- land, and it basalways been the practice in this coun. ‘ty, to obtain this evidence by an exam!nation of parties. In this court the fact of the admission of such today =. in of the ot whi Tospectively belong for three years ing iP plication, ‘is regarded ae suffici evidence of the possession of the requisite Ln an ing. and the statement of counsel moving their ad- mission ‘¢ sufficient evidence that their pri- Private and professional character ts fair. The order of admission is the judgment of the court that the par- tes the requigite qualifications as attorneys and counsellors, and are entitled to appear as such and conduct causes thereon, From ite entry the parties be- come officers of the court and are responsible to it for professional misconduct, They hold their office during good behavior, and can only be deprived of it for mis. conduct, ascertained and declared by the jndgment of the court after opportunity to he he has been afforded. Their admission and their exclusion are not the exercise of # mere ministerial power. The court is not in this t the register of the edicts of any other body. It ie exercise of judicial power, and has been so held in numerous cases, It 80 held by the Court of Appeals of New York in the of the application of Eouper for admission. Ai and counsel) sald it court, are not only officers of the court, but officers whose duties relate almost exclusively to proceedings of a judicial nature, and hence their appointment may yd propriety be entrusted to the courts, And the latter, in performing this duty, may very justly be con- sidered as en; in the exercise of their appropriate judicial functions. In = ee Secomb, @ mandamus to the Supreme Court of Territory of Minnesota to vacate an order removing an attorney and counsellor was denied by this court on the ground that the removal war a judicial act, We are oot aware of any cane, said the court, whore a mandamus was issued to aa commanding it to reverse or anoul ita where the decision wae in its nature & judicial act, and within the scope of ite jurisdic. tion and discretion, And im the same case the court obeerved that it has been well settlod by the rules and practice of common law courts that it rests exclu- sively with the courts to determine who is qualified to become one of ite officers a# an attorney and counsellor, and for what causes be ought to be removed. The attor- ‘ey end counsellor, being by the solemn Judicial act of the court clothed with his office, does not hold it asa matter of grace and favor; the right which it conf upon bim to appear for su! and to argue causes is someth bg more than @ mere indulgence, revocable at the pleasure of the court or at the command of the Lopisiature, It ie a right of which he can only be de- Prived by tho Judgment of the court for immoral or processional delinquency, The are onbtedly Breveribe qualidcations for the office, w which be dust conform; ae it may, where it bas ex band CMR rauit oO} Fen Bot te mevatt avocations thing prescribed must be al by every one, That whic the nature of things, or the past gondition or conduct of the party, cannot be attaiaed by every citizen, does wot fall within the definition of the term. To all those by whom it is unattainable it is a disqualification which ope. rates as. perpetual bar to the office. The question tn this case is not as to the power of Congress to prescribe qualifications, but whether that power has been exer- cised a & means for the infliction of punishment against the prohibition of the constitution, That this result cannot be effected indirectly by a State, under the form of creating qualifications, we have held in the case of Cummings vs. the State of Missouri, and the reasoning upon which that conctusion was reached applies equally to similar action on the part of Con; ‘These views are further strengthened by a consideration of the efiect of the pardon produced by the petitioner and the nature of the pardoning power of the President, The constitution provides that the President shall have power to grant reprieves and pardons for offences against the United States except in cases of impeachment. The power thus conferred is unlimited. With the exception stated, it extends toevery offence known to the law and may be exercised at any time after its commission, either before legal proceedings taken, or during their pendency, or after conviction and judgment, This Power of the President is not subject to legislative control, Congress can neither limit the effect of his pardon, nor exclude from its exercise any clasa of offenders, The benign prerogative of mercy reposed in him cannot be fettered by any legislative restriction. Such being the case, the inquiry arises as to the effect and operation of a'pardon. On this point all the a thorities concur. A pardon reaches both the punial ment prescribed for the offence and the guilt of the offender; and when the pardon is full it releases the punishment and blots out. of existence the guilt, so that in the eye of the \aw tho offender is as innocent as if he never committed the offence. If granted before convic- tion, it prevents any of the penalties and disabilities consequent upon conviction from attaching. If granted after conviction, it removes the penalties and disabili« ties, and restores him to all his civil rights. It makes him, as it were, a new man, and gives him anew credit aud capacity. There is only this limi- tation to its operation—it does not restore offices forfeited or property or interests vested in others in consequence of tho conviction and judgment. The pardon produced by the petitioner is a full pardon for all offences by h'm committed arising from varticipa- tion, direct or implied, In the rebellion, and is subject to certain conditions which e been complied with. The effect of this pardon is to relieve the petitioner from all penalties and disabilities attached to the offence com- mitted by his participation in the rebellion, so far as that offence is concerned. He is thus placed beyond the reach of pnnishment of any kind. But to exclude him by reason of that offence from continuing in the enjoy- ment of a previously acquired right is to enforce a punishment for that offence, notwithstanding the par- don, If such exclusion can be effected by the execu- tion of an expurgatory oath, covering the offence, ‘the pardon may be avoided, and that accomplished indi- rectly which cannot be reached by direct legislation. It is not within the constitutional power of Congress thus to inflict punishment beyond the reach of Executive clemency. From the petitioner, therefore, the oath required by the act of January 24, 1865, cannot be ex- acted, even were that act not subject to any other objec- tion than the one just stated. It follows, from the views expressed, that the prayer of the petitioner must be granted. The case of R. H. Marr is similar in its main features to that of the petitioner, and his petition must be granted, and the amendment to the second rule of the court, which requires the oath prescribed by the act of January 24, 1865, to be taken by attorneys and coun- sellors, having been unadvisedly adopted, must be re- scinded, and it is so ordered, tien or theory at least Dissenting Opinion. Associate Justice Miller delivered the dissenting opl- nion in the above cases, It was hoped the effect of the circumstances under which the law was passed would soon cease, in order that the statute might be repealed or modified, All good men looked for the return of better feelings between all eections, when the reason for the law would not exist; but the question now pre- sented involved the exclusion from offices of public trast of those who engaged to destroy the government by force, This could never fail to be one of profound interest. It is always delicate to say Congress exercises power not confided to it. In their action members of Congress are as much bound by oath to support the constitution as the Judges of the Court, The constitution makes ample provision for courts of justice to administer the laws and protect the rights of the citi- zens. Article three, section one, of the constitu- tion says the judicial power of the United States shall be vested in one Supreme Conrt, &c. Power is vested in the Congress to fix the number of judges of the Supreme Court, fix their salanes, provide for all necessary officers, such as marshals, and prose- cuting attorneys, commissioners, jurors, and bailiffs. By the act of 1789, commonly called the judiciary act, it is enacted that Nes may appear and manage their causes personally or according to the rules, It is be- Neved there is po civilized society in the world where there are not attorneys or practitioners at law. The enactment which has just been cited recognizes the utility of this class of men. They are as essential to the working of the court as are marshals, sheriffs and other officers. As there js no mstance of acourt without a bar, the practice is a privilege on such conditions as the Jaw-making power may prescribe. It 1s a privilece, and not an exclusive right. Every State in the Union, and every civilized government on earth, have laws by which the right to practice depends upon profession: skill and good moral character. The continuanee of t right is made by law the continuance of th qualities, Attorneys are often deprived of the privilege when it is discovered they are of bad moral character. This !s done by law, statutory or common, which is equally the expression of public will. Attorneys are subject to legisiation the same as judges. Congress has the power to prescribe the qualifications of attorneys and prescribe onths, Tue net just declared unconstitutional ia nothing more than a law that attorneys s! take the same oath as otber officers in civil or military life, This looks at their past and future conduct, and all bas reference to their overthrow of the government, They are required to answer that they are not guiliv of treason in the pact and wil! give their allegianee to the government in the future, ‘That true and loyal attachment to the govern- ment is made the tion of attorneys seems to be plain. History shows members of the legal profession are powerful’ in the government, az they are the moulders of public sentiment, and they aid in the con ion and enforcement of the Inw, and from among them judgés are selected, To suffer treasonable sentiments unchecked js to let the stream be poisoned at the source, {fall the attorneys in the past had ren- dered faithful allegiance to the government we should have been spared the horrors of the rebellion. If th’s qualifieation is so esseniial to a lawyer it cannot be devied that the law was intended to secure that position, The majority of the court, however, do not base their decision on » Tere absence of authority to enact laws on the subject under consideration, but insist that the consiitution prohibits the enactment of e » Jaw, and that the pro- Missouri constitution are in conflict stitution for the same reason, and void. First, im regard to bills of attainder, we minst recur to bills of attainder passed by the British Parliament, to enable us to arrive ata conclusion as to what was intended to be prohibited by the constitution, The word “attainder’’ ts defined to be the o mo on of the blood of the criminal capitally emned. which takes place by the common law on conde sentence of death. The party attainted lost all power to receive or give by inheritance. This attaint or cor- untion of blood continued to be the of England at the time our constitution was formed, and mav be the jaw on conderanation of treason this day. Bills or acts of atrainder declared persons attainted or blood cor- Tupted so as to lose heritable qualities. Section second of the constitution declares the Congrese shall have [ened to declare the punishment of treason, but no at- lainder of treason shall work corruption of blood or for- feiture except during the life of the person attainted. He then explained fome length bis views on this section, showing that the framers of our consti- tution struck boldly at de tic machit by prohibit- ing the paseage of ex post facto laws and bills of attain- der with the exception which the constitution provided, It remained to be seen whether tho law of Congress and the Missouri constitution were brought within this class Of bills, It ie not claimed that the act works cormption of blood. Therefore it is not a bill of attainder; nor did he see that it contains conviction of any designated per- sone. It ig true that acta were passed in Great Britain against persons whose names were unknown, but the Jaws leave nothing but the names of the persona to be made out, and to Brat their association with the erimeeommitted. If not no it would bea mere briu'em Sulmen, and punishment could be visited only by proof ‘of the guilt. No person was pointed out by the act of Con either by name ‘or description. It is raid that the law was made to apply to those engaged in the re- Dellion, but this is a mistake, It is applicable to al The act does not declare confiscation, nor does It pro: nounce sentence or inflict any punishment. It leaves the party himself to determine the act of guilt, or an- nounce and pronounce his own sentence or innocence. Tt designates no name or guilt, and pronounces no sen- tence and inflicte no punishment; therefore it can in no senee be called a bill of attainder.’ As to its being an ex port facto law and a penal statute, it will be it applies to criminal causes alone, and not to civil pro. ceedings which affect private rights respectively. Cases were cited in support of the argument, and the argu- tent was continued to show that the law imposed a mere oath of office, There was nothing on its face to show it imposed an additioual punishment for any other act. He maintained that the purpose of Congress was to require loyalty as ® condition to practice in the it Presid pardon otherwise, dispense with the law. The man guilty of counterfeiting may be saved by the President fom the gallows; bute lawyer cannot by him be readmitted to this bar. It remaine for the legislative power to say to what extent relief shall be extended, As to the opinion im the case of Cummins pronounced to-day, Judge Miller quoted Justice Story, who sald the whole power as to religion is left to the States to be acted on in thelr own judgement; and in tion to the views of the majority Court q ‘an ordi- nance of the row of New Orleans which imposed @ penalty on the pi Obituary cl Chureh of St. aon ‘The priest relied on the constitution of the United States to fap him; but the Court rephed the constitution makes no provision to protect citizens of a State in their religious libertion, That was left to the State taws, and the case of Pomali was dismissed for the want of jurisdiction, The constitution of Miseouri says certain classes ehall not exercise their functions unless they show their loyalty, This the majority holds to be unconstitutional because the constitution forbide it, Ip this discussion he (Justice Mi of the groat evils inflicted on the country by the ret lion, por of the con vere than any law, iy what the law is, and Chief Justice Chase and Associate Jugticee Swayne and Davie concyrred in thie ovinion, « NEW YORK LEGISLATURE. Senate. fan. 14, 1867, WILLS NOTICED. By Mr. La Bav—To amend proceedings of Richmond County Supervisors relative to the lighting of the streets of Castleton with gas. By Mr, Forcen—To confirm the title of James J. Boz- zoni and Daniel D. Lord trustees to certain real estate. ‘Also to authorize Edward Cunard to take and hold real estate. Also to amend the charter of the Eclectic Asso- ciation of New York. 3 By Mr, Low—To amend the charter of the Germania Life Insurance Company. THE STATE INEBRIATE ASYLUM. On motion of Mr. Low the following resolution was adopt |, That the trustees and managers of the State nebriais Xaylur, at Bi ghamon, be Fequested to report to the Senate the number of persons now supported or under treatment at sald asylum: the number supported there the last two years, the amount of money recelved from all sources the last two years, and the number of persons said rhe: Pueapest announced that Senator Coltins would be chairman of the Canal Committee, and that Senator Weeks would act on all committees to which ex-Senator Hayt was attached. Adjourned. pene Assembly. ‘Arpayy, Jan. 14, 1867. TYE ELECTION OF UNITED STATES SENATOR, A concurrent resolution was received from the Senate, providing for the election of United States Senator on Wednesday, at twelve o'clock. Acreed to. Mr. Rongnrs, by unanimous consent, offered the fol- lowing :-— Resolved, That on Tnesday, January 15. noon, this House will proceed to nine & Congress of the United States, in place of Ho! whose term of oflice will expire on the 4th day of March next, and that each member as his name is called shall rise in bis place and nominate the person of his choice. Adopted, NOTICES OF FILLS, By Mr. Jcuaxp—Changing the time of the apnual meeting of the Commissioners of Excise. By Mr. Briccs—For the improvement of the Hudson river between Hudson and Athens. By Mr. CreaMer—For the better protection of the drovers and butchers 11 New York. By Mr. Mittspavon—tTo repeal the acts establishing the State Inebriate Asylum. By Mr. Sxn.twan—To oxtend the time for the collection of taxes in Queens county. By Mr, Ween—To prevent fraudulent voting and bribery at elections, By Mr. Briccs—To amend the charter of Athens village. t_ twelve o'clock Senator forthe Tra Harris, BILLS INTRODUCED. By Mr. Cranprii—Relative to clerks of the police courts of New York; reducing their number and sala- neg, and giving their appomtment to the Police Commis- sioners, By Mr, Lockwoop—To amend the charter of Auburn. Also to amend the charter of the Auburn Water Works Company. By Mr.'Cover—To authorize the town of Johnstown to Joan its bonds to the Fonda, Johnstown and Gloversville Railroad, and to reculate the fare thereon. By Mr. Frear—Relative to certain privillges issued by the Mayor of New York to Thomas McClellan. By Mr. 0. Murruy—To abolish the Board of Super- visors of New York city and confer their powers upon the Board of Aldermen. By Mr, CaNpee—To authorize the Syracuse and Fay- etteville Plank Road Company to construct @ railroad on their present route. By Mr. HinspaLE—To amend the charter of the Secu- rity Life Insurance and Annuity Company. Also in rela- tion to public holidaye and the maturity of commercial r. mee MOTIONS AND RESOLUTIONS, By Mr. Ween—Directing the Committee on Public Printing to inguire into the propricty of having the debates of the Legislature reported in full daily, and to report what measu! are necessary to accomplish such result, Referred, By Mr. Rice—Directing the State Engineer and Sur- ‘veyor to make a eurvey of the Oneida Lake canal from South Bay to some point on the Erie canal, and to make ‘an estimate of the expense of constructing said caval and the nec locke of the size and dimonsions of the Erie canal; also estimates of the cost of rebuilding and rendering available upon the enlarged plan of the present Oneida Lake canal. Laid on the table. Mr. Horr ae the following resolution, which i ferred Fee ration ‘of tne reaponsibie. majoriy in, Coverees for fhelr promprnees in. pasting the. District of Columbia Suf- ‘over the President's veto, ir, Broce becchd the following resolution, which was the Senate concur, That the present financial condition of the cot heavy national debt in- carred in the mn of the Union ‘render it indispen- sable that a ue be ved from duties on {m- ports, and that in the collection of such revenue the duties g should be so adjusted as to secure the greatest possible pro- tection to tepeetanes of raw ‘material and to all clases of our merchants and manufacturers. Mr, 8. Cian presented the following resolution, ores re the Judiciary © ittee be instructed to esolved, That the Dommit instru inquire whether, under the provisions of section 2 article 13 of the constitution, a sufficient number of affirmative votes were cast at the last general election to order a convention to Hae the ‘constitutfon, and ordered to report thereon at ap early day, BILLA PASSED. To extend the time for the collection of taxes in the town of York, Livingston county. To amend the charter of the Rome Hydraulic Com- pany. RELIEF FOR THE WIDOWS OF REBELS. Generals Wise and Rosser on the Rampage— They Declare the Cnuse of the Rebellion Not Lost—Wise Anxious to Re Buried in a ray Overcoat—The Seuth * sublimely Un- conquered,” &c. Ricmwoxp, Va,, Jan. 14, 1867. Alarge assemblage of citizens at one of tho leading churches here was addressed this evening by Generals Rosser and Henry A. Wise on the subject of relief of the widows of Confederate soldiers. The addresses of both wore warmly received and frequently applauded. Genera! Rosser said he was here as the champion of the cause of tiberty and freedom, to awake the echoes of the country from North to South in behalf of the hov- ored dead; to lay before you the claims of the widows and orphans of the numbertess dead. Our duties to them are to do something for these helpless sufferers. He would decorate and erect monuments to our glorious dead; but we must not forgot the ‘ving. We are entirely at the merey of the conquerors, in vhose hands is our fate, and who, instead of being magnanimous, are bit- torly oppressive. T would have preferred to have died on the battle fleld, at the post of duty, as my worthy comrade and statesman, General Wise has said; but if we could atk the brave men who died for us what they would require, they would say, “Give our wives and our children bread.” We must buy the charity of @ must go into the lottery business and offer a certain number of prizes, the first being the man- sion once hoger by our henored President, Davis; the second the birth-place of our chieftain, R. E. Lee, Virginia's great son. Virginians, look at your pon by ibe gery government woe iettnto very ions you once Bamired. She is |, made devslate and left helpless. Your soldiers have fought for fenown. They left home, wives and children, seen the black horrors of war; but they went, inspired by God, trath and liberty, to Aght for their ‘country, ‘are our duties to them? Have they not ® right to expect that we wonld cherish their memories? We should die as they have died before us, unblemished. The death knell of liberty wae sounded at Appomattox. I havo not been pardoned; have noi asked for it; would not get itif I did. The cause lives, 41 not in the men in the women. The women carried on the war. joble women and children who have lost husbands and faihers are entitled to our respect. We have no country, but we have some means to divide ere must be @ comfortable and provision made for the wife and child of every Confederate soldier. Virginia is my native State, thank God. Iam proud of it, i have never seen the man that was ashamed of it. Maryland ‘was trammelied and could not assist us during the war; but now she is ready to pour out her treasure to help the suffering widows and orphans of Virginia. There are only six thousand widows m the South, ana our eight millions of people must at once pro- vide for them. The children must be educated, We know your influence and your power, we expect you to do it. I have st d the mon bearing the wounded soldier off the battlefield an jom lay him down to die and go back to the fight. I bave realized the bitter ish of the wives and children for this duty, They upon you now to- night to ere food and raiment to their wives and chil- dren. day of retribution ts coming, and every man will receive his General Wise was then introduced. Ho said this was @ touching made General Rosser, whom he , who was only yesterday the changpion of the cause that foil. Noarm now can strike for it. We can only ow repair our loss. The appeal for aid for our widows and orphans comes from one of Virginia's sons. Have I been to see the cause die out before we die? What evidence have we that that cause has died out? But when wesee widows wail or hear an orphan cry, I feel then the cause has indeed died out. If you let one of them wail, you well aay the cause is Tt shall be to your cost, Should every man and woman in the South give itup, 1 never will— never, never. I care not how much more of misery may be piled upon me, it will only be» mament reaching to heaven to reach heaven's ear, You never iy the caus if you let it die out, We in want, My | what @ wi were all my children. I looked at them not net would, but as citizens who wore defending a noble common‘ , and we cared not go the victory was won. Noverhas there been such unexam) heroism. When they followed me through disaster and the glory ‘that was in my heart was that they knew I them. 1 would have loved them for that devotion and self sacrifice in any cause half as good. over many of them whom I eaw fall by the enom; tet as I would over my own son. Wher I die let where I fall, wrapped in my grey overcoat. Lea noble memorials you have begun, whick are only van+ ity, The Confederate dead all, all sleep well, thank God. But the women—the wife that never knew want—wh Id not work —who, abeve all that suffer DOW, Q@ the ones who peed wour charitv. This ia whet NEW YORK*HERALD, TUESDAY, JANUARY 15, 1867.-TRIPLE SHERT, ! os « the children and widow of the Confederate aoldier now need. The mother will feel proud if you educate her noble child to emulate the heroism of his father, to strike for the same cause. That enemy who undertook to conjuer the Southern people, three millions would not cover the number who were laid hors du combat, Eight hundred thousand will cover the Confederate loss, We ment poe 2 asylum for both widows and orphans, ecan raise by the plan and let the proceeds be invested in profitable accow! Let no widow wail, no orphan want, I have never had the heart wo see when I bave had a crumb Per marenl co out for those that want, and you Heaven, If you do not you are an infidel people, and 5 aod substance will be eaten up, Find out, give and re- ieve. Virginia sal! revive and be stronger than ever, Only prove if you are not fighting, yet you are still sub- limely unconquered. THE CARNIVAL SEASON. SPECIAL TELEGRAM TO THE HERALO. Grand Bal Masque at the Academy of Music. Philadelphiu--The City of Brotherly Love in Gay Attire-The Queen of the Adriatic Transferred to the Banks of the Delaware— Gorgeous Scenery, Fantastic Costumes, Splendid Music, &e.—A Night of Jollity and Pleusure. Pimvapeuema, January 14, 1867. The worthy burghers of tbis staid city are in a state of excitement to-day, The even tenor of their way 1s dis- turbed by the pronunciamento of Prince Carnival, who through every newspaper, from every dead wall, in every window, announced that he would hold a grand recep- tion to-night at the American Academy of Music under the auspices of his faithful representatives, Messrs. H.C and J, ©, Risley and P. EF, Abel. Those three gentlemen, constituting a society called La Coterio Carnival, originated those masquerade balls in this city in 1863, The society was first called La Cotcrie Blanche, and consisted of a board of directors; but the three directors above mentioned withdrew from the association and established a new one called La Coterie Carnival. This is the fifth ball which has been got up under their auspices, and it entirely eclipses all their previous eiforts. The Academy of Masic is indeed an ornament to the city, and presents none of the ob- jectionable features of that dreary mansoloum of so many opera troupes which New York calls by the same name, The immense «stage represented the inte- rior of a Venetian palace, painted by Revere & Smith, looking out from which were discerned, plyifg to and fro upon the Grand Canal, a number of illuminated and gayly decorated gondolas, St, Mark’s and the palacefof the Doge in the distance: the whole scene was beautifully aided by numerous optical effects, the handiwork of Mr. Charles Higbee, master machfhist of the Academy. The dancing floor was papered in the form of a tasselated pavement, which, together with its additional decorations, displayed superior taste and mechanical skill, The scene was magnificent, and recalled to mind many descriptions of the grand féles of the palmy days of tho Venetian republic. The front of the balcony circle was decorated with large cartoons of the most unique and grotesque designs. The parquet circle was hung around with cages containing hundreds of canary birds, whose constant warbling lent an air of enchantment to the ecene. During the entire day a large force of workmen were engaged making preparations for the grand festival. Messrs. Conley, Hunter and Hanck fitted up the supper rooms in splendid style. and the piethoric, good humored Bingfeld wielded the bat in the orchestra, The Satterlce military band, under Mr. Herman, furnished the promenade music, and Mr. | Charles Heaton superintended the ushers, doorkeepers: and police, The iywogs, an association after the merry prince’s own heart, appeared in the most Indicrous and bumorous costumes, and went through a series of evolutions intelligible only to the followers of the mad prince. king from the balcony the coup d'cil was magnificent. The massive towers of St. Mark’s were brilliantly lighted up, sombre looking gondolas stole under the ‘Bridge of Sighs, myriads of lights twinkled along the grand canal, calcium hghts shone on the bronzed faces of the historical liens, and the tessel- ated pavement stretched away to a seeming!y limitiess live, whilo laughing Lee vd ot dancers flitted Serona it Lagat... Apr ers that hung from eve: “At sine 0 eleok tl crowded with the he au was wealth and fashion of Philadelphia, and amid the crash of one hundred instruments the curtain went jowly, disclosing a scene such as the proudest days or the havghtiest grandee of the palmy doge of Venice would have witnessed with pride. Stretching away in a seemingly limitless perspective were the halls, palaces, canals and other picturesque cl veristics of the oer of the Adriatic, while at the back the stern tw of St, Mark’s gleamed with a thousand lights, as if some festival were being held there Above mammoth chandeliore threw a cheer- ful light on the torpor sey luego beh sagecenes the stepa of the pai jace je broad tegela: floor beneath; a ‘ohndred Canary Bide in Sages mingled their warblings with the strains of the orchestra; strange, grotesque cartoons grinned from the dress circle, and graceful pillars, wreathed with flowers, formed a fitting frame to this beantiful picture. At ths first outbreak of the orchestra and the two military bands tn the “Carnival March’? an im- posing line of masks moved on the platform. The “Pollywage,"’ an eccentric group of outlandish cos: tumes, in which every national and domestic institution was burlesqued, led the brilliant throng. Then came Uncle Sam's boye, Prussian riflemen, with preposterous hats, noses and swords; Poor Marshal Benedek, relating his misfortunes toa Pottawaltamie Indian, whose only conso/ation was the traditional Fanchon, with her hen prattling away to @ solemn looking Benedictine; Queen “Elizabeth and Philip IL, in ‘close confab tozether, as $f they never were enemies; Uncle Sam and Francis I. together; Rocbester fhrung with an Ashantee beile, and perambulating advertise ments; Russians, Fenians, sailors, men-at-arms, Hussars, shepherdesses, queens of the night, gipies, sqnaws, brigands, Mary Stuarts, fairies, Hamlets and hundreds of others, Tho charming Mabel waltz set tis homan throng whirling around the immense circle be- neath the balconies, and in the pulse quicken. ing galop the gay couples dashed across the floor, mingling uniforms, colors of every hue and masks of every sbape in the most admirable confu- sion, Now Reck’s and Satteriee's bands give the ope- ratic selections of the promenade, and again Bergfeld's baton gives warning to choose upers, Thus the gay scene progressed until suddenly the indomitable leader of the orchestra astonished all with a dashing galop of bis own, called “The Needle Gun Galop.’ The merry dancers flitted past like visions of a dream amid the noise of the battle aud the sharp crack of the needle gun, closely imitated by the orchestra; and the exhausted couples sank into their seats as the cries of victory announced the end of the fray and galop. The utmost praise is due to all connected with the Management of the coterie carnival, and the ge og ments both for the bali and supper were admirable. The elite of the Quaker City were there, and ae the stars ved fade in the breath of Aurora, and the approach of the morn, the brilliant assemblage silently ited. away, not, however, withont many vsigh of regret that the boars had flown so rapidly Vice te Feince Carutval FINE ARTS, Sale of Of! Patatings nt the Fine Art Gallery. Ab auction sale of about thirty-five pieces of American and European landscepe scenery, by the favorite Ameri- can artist, Alexander Wust, took place last evening at the Fine Art Gallery, Fifth avenue. A majority of the paintings were views of eome of the wildest and most romantic scenery of the Norwegian coast and mountains, with some Swise landscapes and a few American moun- tain and lake scenes, principally in New England. The collection formed the result of the arlist’s past four years’ labors in Europe, and comprised among otbers his chefs d’eeuvre, two large landscapes, *‘A Mountain Torrent in Ni which was awarded the edal the “exhibition, at the Hague, oI in Waterfall Moonlight,’ 8] "’ and “A North American Landseape”’ found rchasere at $600 each, and ‘Moonlight in the Forest— Fiague™ at $675. “A Norwegian Lanscape, with foli Glaciers in the Distance,” er ee for $335, a “A Fishing Station on the of Norway—Sunrise’’ was sold for $300, A very large painting, the “White Mountains," realized $500, this being the highest price obtained for any of the American landscapes The re- mato! lctures were disposed of at prices ranging from to ‘The eale was conducted by Messrs, Miner Somervil and the attendance was decidedly nu. wrnership of the Marterpaces they beng con mat aa, o oy ing companions, but they were purch: by diferent partion 40 COLORADO LEGISLATURE. Dexver, Jan. 1 ‘The Legislature have to Friday. Jution against making Colorado a State was by the House in the absence of sevoral State men who wore sick, after having pad been voted ‘The Council passed @ resolution asking the President to remove Governor Cummi charged with mal- feasance. The negroes are re ing over the action of Congress granting im Two hundred signed ® petition favoring samen under ‘Bémunds’ amendment. 1867, ‘he reso- FIRE IN ALBARY. Aunany, N. Y., Jan. 14, 1867. A fire occurred in Green street this morning which seriously damaged stores Nos, 10 and 12 and the goods total damage $25,000, which iy Howe Falke rane 'y, Hot ie, Vondon Globe, and the Baltic Ci ; Liverpool and Insurance Companies, ATHE FREEOMEN'S BUREAU AND THE MILITARY IN TEXAS, Gaxvestoy, Jan. 14, 1867, Tho military commandant at Victoria having refused to assist bureau officers, General Griffin published a cit. cular explaining that all military officers must assist the bureau in these contingencies, as videg for fa the Bureay act and the Givi) Riebie ry ae n over one hundred performers | SOUTH AMERICA. Slow Progress of the W. gation iu Venezuela and Peru. he means | The latest advices from Brazil describe dulness, owing to the delays of the Paraguayan war, a8 it was not ex could be completed under two months, The new com mander of the fleet, Sefior Joaquim José Ignacio, bad count de Tamandaré, The Rio Grande de Sul telegraph * was in operation from Rio to Santos, and the Sap Paulo ment ineer, waa expected to be formally opened om tet ot January, a Teeriod of twelve months before In Amazonas a boundary exploring expedition up the Javary bad not been heard of for seventy days, aad Indians. In Marantiao some Indians had made a descent = jean sures had been taken to capture and punish them. It was reported that General Paunero and Minister meni to getile the revolution in Mendoza, ‘ THR PARAGUAYAN WAR. to the constant rains, that the allied encampment was partly submerged, and ‘if the Marquis of Caxias wished ‘Admiral Tamandaré forcing @ pass up the river Paraguay he could have availed himself of the very high tlood ia foreign officers from Corrientes dispelled the hope that the powerful Brazilian squadron could ever attempt such culpates Admiral famandare from all blame, as the rive- Paraguay, from Corupaiti up fot a distance of seven manded by batteries, the strongest known in South America. To force a passage while the enemy holds sterile effort, and probably resuit in the total annihl- lation of the Brazilian squadron, the great sheet anchor distinguighed a man at headqnarters asthe Marquis of Caxias will instil new life into the allied councils, and There cannot, however, be any hope of victory on the | part of the allies until the army be reinforced by at least During the long interval which had succeeded since the affair of Curupaiti, the Paraguayans were constantly storm these now would, according to the opinion of an experienced English offic require more than fifty which the allies can at present boast of. Tne new British admiral had arrived at last in the establishment of signal lights on the Maldonado coast and Lobos Island, and also tend to suppress a rather state of intoxication in Montevideo, and sending then» up to Buenos Ayres to be enlisted as soldiers for the war. called to this matter by the new British Minister, Mr. George Buckley Mathew. Emperor of Brazit opening up the Amazon end other rivers:— (ISCO TO THE VESSELS OF FOREIGN NATIONS. With the wish 10 promote the welfare of the empire navigation and commerce of the river Amazon and its tributaries, the river Tocantins and the river St. Fi have resolved and do hereby decree as follows :— , ARNCLE 1. From the 7th of Soptember, 1867, shall be the river Amazon as far as the fromiere of Brazil, of the river Tocantins to Cametd, of the river Tapajoz to San- opened to foreign navigation, the river St. Francisco ae far asthe city of Penedo. | zoD, in places where only one bank belongs to Brazil, | shall depend on treaties yet to be made with the States State as well asto flcal and police regulations. ‘Art, 4. The present act shal! in no way alter or inter- with the republics of Peru and Venezuela, according to the regulations already published. pected that the new arrangements for a decisive blow Geparted on the 6th of Dectember to supersede the Vise Railway, on the report of Senor Sebrasy) the governs the contract time. fears were entertained that it had been cut of by the 4 little interior settlement and killed nine men, Rawlinson were despatched by the Argentine governs ‘The rivers Parana and. Paraguay bad so risen, owing to carry out his promise and determination to insist on that Betty but the fopon of experienced engieers and an enterprise, and their impartial testimony totally exr miles, 13 sown with “torpedoes,” besides being com- undisturbed possession of the river banks would be a of the allies in the present struggle, The arrival of sg precipitate the conclusion of this prolonged campaign. 30,000 men. at work constructing abattis all along their lines To thoneand men, a force considerably larger than that river Plate, His presence will conduco towards the re- illicit trade of hiring runaway British gailora while nw The attention of the Argentine government had been Subjoined is the text of the important decree of the OPENING OF THS RIVER AMAZON, TOCANTINS AND ST. FRAN- and to draw closer taternational relations by opening the cisco, and having consulted with my Ministers of ‘hate, 1 open to the commerce of all nations, the navigation of ee Pe Rd Heal th tle Fatal Tost ; Ant. 3, The mavigation of the tributaries of the Ama- pope ‘Utle to the other bank, as to the respective limite fere with existing treaties of navigation and commerce Ant. 5.{My Ministers and Secretaries of State, through their respective departments, shall attend to the arrange- Sooal ofthe iwenderponastde im arttele thi and shail issue the necessary regulations the due orders and execution of the present decreo, Signed by the Emperor and by the Minister of Foreign Afiaira, Antonio Coeiho de Sa ¢ Albuquerque. VaLace oF Rio pe Janssno, Dec. 7, 1866. YENBAUELA. The Legislative Assembly of the State of Guayana, hag. under consideration a bili to open up. the Orinoco rivet to the free navigation of all States comprising the Colomb.an and Venezuelan republics traversed by said river or any of its affluents. PERU. In this go-ahead republic surveying parties are actively engaged, in exploring the head waters of the Usayali, Pachitea’ and Chanchamayo with the object of opening up steam and evontuaily telegraphic cowmun\- cation with the valiey of the Amazon. RAILROAD ACCIDENT. } A Train on the Lynchburg and Tennessee Koad Thrown Down an Embankment — Eleven Persons Injured, Lyscnpor, Va., Jan. 14, 1867. The Lrnehburg Virginian has intelligence of an acci- dent of a serious character on the Virginia and Tennes- see Railroad, which occurred to the up train on Sunday night, a milo and a haif east of Central depot. ‘The train was ronning along the river biuif, at which point the engine snapped a rail in passing over, Ali the | coaches of the train passed safely over tbe break untit the elceping car came, when the train was thrown down | the embankment, thirty-feet high The accident oc- } curred at eleven o'clock ai night. Eicven of the passengers were wounded; zmong them Colonel J. 8. Sidney, Gaives. ton, Texas, shouider dislocated; Major Gouldman, Galves- ton’ head, right arm and hand injured; 8. W. Bullock, New York, face severely cut; George f. Gregory, New ork, band cut and burt in the neck and shoulder; Mr. Lyttle, Fort Wayne, Ind, back injured; Mr, Parkman, Tennessee, shoulder and eye briised; Mir. Watson, Phil deiphid, hurt tp the head, slightly; Mr. Miller, cond: r, badiy burt internally. | were conveyed to Dubl | distant, where they were properly cared fo} | the only accident of the kind that bas occur road for many years, eight miles This i# don the THE SENATORIAL CONTEST IN ILLINOIS. RINGFIELD, Jan. 14, 1567 The Hou. Lyman Trumbull was renominated for seo ator to-night ip fall republican caucus, The te: vote | was taken to ascertain whether the nomination should be by ballot or viva voce, and it showed forty-eight for | Trambull and twenty-eight for Palmer. Trutabull wax the n nominated by acclarati CIVIL RIGHTS CASE IN NORTH CAROLINA. ‘Wiusreros, N. C., Jan. 14, 1867. Letters of admmmistration were granted on Saturday by Loh authority to Richard Reid, a colored man, who made application to administer ‘on the estate of Jonn e Nixoo, colored, probably the first instance of the kind on record im the South, BURNED TO DEATH. Bosfoy, Jan, 14, 1867, In Waltham, on Saturday night, Mre. Forbee, wife of Dr. C. F. Forbes, fell as she waa going down the cellar Stairs, breaking a kerosene lamp which she wae carry- ing fo her band, which set ber dress on and she ‘was so badly burned as to cause her deat! THE RHODE ISLAND GENERAL ASSEMBLY. Provinence, Jan. 14, 1867. The Rhode Island General Assem! commenced ite Javuery session in this city this ing. DESERTION OF SOLDIERS IN COLORADO. Denver, Jan. 14, 1967 Forty armed mounted men deserted inst night from Fort Morgan and are on the way to Denver to rob the city banks Fargo’s Ex, premiere 5, A WRERRYS FAMILY OINTMENT 18 CURING HUN- fa Ke dally of aan ye Soran ae 'trne 2 pores, rheumn mere. Breen, "Sold Dy all druggiste. "Depot 167 Chatham sirect. uA BeoLUrs PUMA cde | OBTAINED ie any StATR without publicity or exposure; good everywhere ; no fee charged until divoroe is granted; consultations free. ‘GEORGE. LINCULN, pts ‘80 Nassau street. ( BD JOINTS AND ALU CO eaintaat of the Feet cured by Dr Gea Rit, No" Tos IVORCES ther ithout publicit fe Hl absoi Dis eaicieaen” ERM “Attorney and Counsell jars street. RY A. DANIELS, M. D., SURGEON, NO. 2 UNION FAP Russe Absolute radical Sure without Latte seuss or detention from business, for piles, stricture, fistula, dis- oases of pelvic viscera, Deformities ‘of eye, nose, face and person. Ofee hours from 9 to 12. L ALCOHOL DETHRONED. K ig pl HOPE FOR THE INEBRIATE. ‘DR. JAS. L. CLARKE'S SALVATION POWDERS, « ‘ sate iL cul On INTEMPERANCE, Bent eve ‘here for $1 and two red stam Redress or. Jam. Te &Co., 750 Broadway. Nome ‘A GRNTS. AND FOREIGN | P BY. DOAR GET, VIENNA, AUSTRIA, | TAS DENMARK: ITALY. BHC Sti NORWAY: WORTEMDERG. kek ‘Mr. Ly awit HE at “TPlonve adtrens in full a. OHILBERGS GERMAN OINTMENT.—WARRANTED. SD certain cure, without tho slightest danger, for piles, ol Wounds, sorotaia, salt rheum, all bone and ‘skin 808, 4c. Fot sale At93 Bowery, and by ali principal druggists, ss, Vienna, Ausirin ee I Det M ce corte leech ALTHY FAMILY, WITHOUT CHILDREN, wishes to adopt a child from six m: nthe up to elahtoen nee, old, Address, stating where tbe child can be seen, fire. ‘War atesion A. Sorina at. Pg OBTAINED IN NEW YORK | } \