The New York Herald Newspaper, January 14, 1868, Page 8

eee WASHINGTON. CONTINUED FROM FOURTH PAGE. @abinet. By reason of that want of confidence, M not of 2 determination on the part of the Secretary of War to tuwart the President's policy, Mr, Stanton did not bring before the Executive the despatch ‘of General Baird, ‘Those two important despatches were nsidered and answered by one and the same ex- head, to bo enforced by ® single will, Execu- Rive unicy was gone, What was tho result of this divi- ded executive authority upon the subordinates at New Oricans?. The Atiorney General of Louisiana states in Dus testimony the natural resulis of it, [Here Atiorney General Herron’s report of the riot. | T shall not go over all the ground taken by the Pres- ident, The message speaks for itself. It is, in my ‘opinion, conclusive, To its main positions the report of the majority gives no sufficient anewer. There is one thing in that report, however, which I cannot allow to pass without comment ‘It assumes that the tended convention which assombiod at tho jechanics’ Institute at New Orleans in July, 1866, was notan uolawful assemblage, What are tho facts? The Convention bad assembled ty 1564 aud had done its work. 1 formed « constitution and submitted it to the, people of Louisiana, which was adopted, and a State government organized and in full Zorce under it, Vor ali substantial purposes tho Convention, having done rk, was at an end, fumctus ‘oficio, It had been adjourved for nearly two years When it a¢journed, however, 1} passed & resolv.tion to authorize the presidéat, Mr. barell, to call the Conven- tion togeth No authority was given to way other rson tocall it, Ho expressly refused todo so. The ‘onventton consisted of mers than ninety members, A minority of forty without authority assumed, because ‘the president refased to call tt, to depose him and to elect ® new president, Mr, Howell, This whole Proceeding was illegel, appears conclusively by the Wstimony given by Mr. Howell himself, Noth- ang 18 More clear tha that this call for a convention was illegal, without ary authority whetevor. This mect- ing of a body of mien assuming to act as a conven- tion to change the constitution of the State was mere thaa a political mecting—it was an unizwfat assembioge. It was an act of umed power at war with the Stave government, This assembly of persons assuming to act in the name of the State of Louisians in order to change its constitution was just as uniaw/ul the Secession Convention of Louisiana befere any act of war occurred. there 15 neo doubt it was not only unau- thorized, it was more, unlawful, and if attempted to be enforced by arms tt would amount to actual treason. The calling and assembling of that Convention was revolutionary against the existing State govern- ment. In conclusion, I have the bonor to submit the accompauying resolution ag @ substitute for the reaolu- thon of the majority, J. B. DOOLITTLE. JAN. 10, 1863. Resolved, Tuat the Senate advise and consent to the semoval of Edwin M, Stanton as Secretary of War, The Action of Congress in Relation to tho Supreme Court. While the revolutionary measuresof the radicals are ‘being pressed closely upon each other to provide against the contingencies of the Supreme Court placing obstacles im the way of an undispated carrying out of the legislative schemes calculated to secure the radi- al ascenden: the Hotse of Representatives to-day passed the bill reported by the Committee on the Judiciary requiring a two-thirds vote of all the Justices Of the Supreme Court to effect @ decision upon causes impairing the force of the laws enacted by Congrcss, Al:hough the measure met a decidedly aftrmative vote in the House, a more determined opposition is looked for in tho Senate. Governor Fenton and the Republican State Convention. I telegraphed you yesterday that a republican con- Bervative delegation trom New York, headed by Senator ‘Yom Murphy, General Arthur, Rufus Andrews and Hugh Hastings, of Albany, had arrived here to confer with the New, York Congressional delegation in relation to the new Fenton dodve of holding the State Convention on the 5th of February, three months and a half in ad- ‘vance of the time appointed for the meeting of the Na- tional Presidential Convention at Chicago, The delega- tion wore actively engaged to-day with Senators aud Representatives protesting against what they character. ize as the indecent baste of Fenton and his supporters in precipitating an endorsement of the aspiring Reuben for the Vico Presidency, on the republican ticket, with General Grant or “any other man’’ that may be nomi- mated. They represent that Fenton, understanding that he is powerless in the New York State Senate to have any of his particular friends confirmed by that ‘Dody, is therefore anxious to have the delegation elected pledged to him for the Vice Presidency before any action thas been had in that body. They also state that Fenton $a the more anxious in hurrying forward action in*the State Convention in view of the decision of the Court of Appeals declaring the New York Tax Commissioner acts mpconstitutional, which would take from Fenton his power in the city of New York, forty-three of the dele- gates at the State Convention last tall being office holders under that act, These and other arguments have been presented to the Benators and mem- ber of Congress, apd the general expression against the Fenton managers is one of un- qualifed dicapprovation of the movement te force Fenton on the ticket with Grant, It ts understood ‘that the delegation from New York has been canvassed, and but three are found to favor his pretensions for the Vice Presidency, Messrs. Van Arnem, Ward and Kelsey. Both Senators regard the movement as unwise, There is talk among the Senators and Representatives of get- ‘ting up a letter to the New York State Central Commitiee requesting ® postponement of the convention until some time in May, when the last chance in the popular senti- ment may be consulted. Preparations to Dispense with Generals Han- cock and Rousseau. Senator Thayer, of Nebraska, has prepared a bill which be will introduce in the Senate to-morrow to re- dace the number of major generais to four and that of brigadier generals to nine, and making it the duty of the Secretary of War to cause to be mustered out of service of those grades the officers last commissioned. ‘The object of the bill isto dispense with Major General Bancock and Brigadier General Kousseau. nn Recep The second drawing-room reception of the ladies of the Executive Mansion this evening was largely and fasniopably attended. General Graat and Mrs, Grant Were among the visitors, is. 8. Cox Nominated The President this afternoon nominated to the Senate &. S. Cox to be United States Minister to Austria, Destruction of the Kendal Green Barracks. The Kendal Green barracks, seven mils from Wash- ington, were destroyed by fire to-day, TEE FORTIETH CONGRESS, Second Session. SENATE. Wasnixetox, Jan, 13, 1868. TRRATINS WIT!) POREION COUNTHIES Mr. Monxis, (rep.) of Me,, offered @ resolution in- Structing tue Committoe on Post Offices and Post Roads Poeray to inquire whether recent postal treaties with forviga governments do not grant privitoges to citizens Of such Bovernmonte pot granted aw to OUF own peopl algo Whether the prov of such treaties do not aifier from or cx ho revento law as to im. portation of p: nd to report what action therevr is ne y. Adopted vifered the following revo. eon Judiciary be in ie by law o pt enforcemens Of the Seuate in euch caren. RAMCCTION OF THR ANY. mders and ju Mr, Wiis0n, (rep.) of Mass, introduced a bill to pro. wide for the gradual reductior f the army of the Unwed States, Kolorred to tue Commitee on Military Allaire, rie HavY Mr. Grives, (rep.) of lo introduced bill whic limite the nuwver of men authorized to be eulisted in the navy of the Unived States to 4,500. Al) acts author. izing the eolistracnt in the marine corps of a gre number of officers aud men than that lixed by the act of July 25, 1861, are hereby repeated, as is also the act creating we office of Solicitor and Naval Judge Advo- calc, epproved March 2, 1866, Keferred to the Comant- tee on Navel Affhirs. THE WILL BRLATING TO CASHNIRED AND DISMISMED Ansty OFriceum, Mr, Witton reported back from Military Atieics tha! po oillcer cw weniance of the Committee on declaring army by | be restored to tke mili NEW YORK HERAL’0, 1UKSDAY, JANUARY 14, 1868. 7 eee orders and decrees in equity of co gry Wuitea Btates in places out of their Jurisd’ Avra fegragecrcd was referred to the Committed ¢¢ Judiciary. The bill rovides that in suits of Yaw cng eeoitien of aal procote for (fate execiition or floal or che coil Beseobnies Girected to the Marshal of apy Seeeee ce see Uniied Slates, whose duty it Shy 4 be to serve and retura the sage io the court issuln ¢ %$ in like manner as if it bad. issued from & United ‘ sates court of his district; pro- vided that auch Pro" sig shall mot be oxccuted unt) a transoript of the re sord, certified under the seal of the court rendering }" Ayment shall have beon filed iv the omice of the cl ak of the district court for tha istrict where it | t0 | gave effect; and in any Territory the copy of the record the bigest 4en be lea in the office of the clerk of the mar’ al of the Territory, author!’ gs the judges of circuit courts in saits in equity to Dr’ @crive the manner in which notices and orders may ‘be served on persons absent or absconding: {70m tho diatrict, such servico to inve the same effect ag if ae hima remained therein; and orders for the arrest of Fach partioa may be issued, directed to the United States drshal of any district in which they may be found, Foecitying the sum im which they may be admitted to ‘bail, wnich orders shali not be issued until the party spaying therefor shall bave made a deposit for the pay- ment of the expenses for arresting and imprisoning tho ‘Party against whom it is direc! A sul juent pro- wision authorizes marshals to carry into such Warrants aad specifies the manner in which bis return shall be made and bis fees paid, for enforee- tof final decree in suits in equity in circuit courts upon which parties may now be arrested and imprisoned 1n the district where the process issues may be enforced 1M aby other district in the same manner as provided for process in the firat section. in nature of an execution against property may also bo issued upon the final decrees in equity suits in circuit courts, directed to any marshal to be served, and have the same effect in any other district as if issued where the suit was brought. MINISTER BURLINGAME AND HI? CHINEST MISSION. Mr. Coxness, fer.) of Cal., offered a resolution of in- quiry Whether Hon. Anson Burlingame has been ap- pointed by the Emperor of Cuina to any dipiomatic misaion. He alluded to the reports to that effect in the public prints, and said he desired definite information in order to predicate future action upon it. yr. SuMNeR, (rep.) of Mass., thought there was no information but that already published, namely—o telegram from Mr. Burlingame, through Siberia and St, Petersburg, to Washington, The resolution was adopted. SURPLUS FUND. Mr, Sierman, Tm p.) of Ohio, offered a resolution di- recting whe Secretary of the Treasury Ravenert to the Seoate what appropriations may, without injary, be carried to the surplus fund, including sucn as‘may be properly postponed to a future period. Tue resolution was adopted. A TRIBUNAL FOR TUR DECISION OF CONSTITUTIONAL QUES- TIONS BETWEEN THE STATES AND GRNERAL GOVERNMENT, On motion of Mr. Davis his resolution that the con- stitution be amended so as to create a tribanal of one meraber of each State to decide constitutional questions of jursdiction arising between them and tho United States, was taken up, Mr. Davis argued that the tribu- nal proposed was veccasary under our present mixed system, and quoted from the framers of the constitution until the expiration of the morniag hour, when the President announced as the special order the bill to pre- vent the further contraction of the curreucy. Mr, Howann moved to go into executive session, which motion vailed, after opposition fed ‘Messrs, Sherman and. Morton, by a vote of 23 to 19, and the Semato accordingly went into executive session, HOUSE OF REPRESENTATIVES, Wasuixctoy, Jan, 13, 1868, INTRODUCTION OF BILLS AND JOINT” RESOLUTIONS YOR REVERENCE, ‘The SreaxeR procceded, as the first business in order during the moruing hour on Monday, to the cail of States tor bills and joint resolutions for reference, Un- der the call billsand jomt resolutions were introduced and referred as follows: — By Mr. Exior, (rep ) of Mass.—To continue the Bureau for the reijef of freodmen and refugees, which was re- ferred to the Committee on Freedmen’s Affairs, By Mr. Woon, (dem.) of N. Y.—A joint resolution to limit the time and circumstances relating to the actions of the United states reference to the recognition of the belligeront rights of hostile nations, which was referred to the Committee on Foreign Relations It re- cites that the indetinite state of war between two or more belligerent States, which do not by hostile military acts or operations manifest the fact of being im the co of actual war is contrary to the principles of interna tional law, opposed to the progress and present civiliza- tion of the world, and causes grave aod irreparabie injury to the indusiry, commerce and navigation of neutral nations, especially when the interests of tne latter are intimately complicated with those of one or both of the beltigerents; and it therefore declares that the United States will consider the state of war termi- nated betweem two or inore beliigereuts whenever a period of tweive months bas elapsed from the date of ‘the last act of war without a renewal of hostilities, and that in every such case the government of the United il resume the relations of peace with all such ‘Bations as shall be fouod in such state of imperiect w: By Mr. Buaixg, (rep.) of Me.—In reference to taxing the shares of national banks Referred to the Com- mittee on Banking and Currency, By Mr. Humvnesr, (dem.) of N, ¥,—Further to regu- late the registry of vessels, By Mr, Mier, (rep.) of Pa—Requiring the concur- rence of two-thirds of the Judges of the Supreme Court of the United States to declare a law of Congress uncou- stitutional, Referred to the Judiciary Committee, Also for the of a tariff law affordiug adequate pro- section to the industrial interests of the couuiry. Ro- ferred to the Committce of Ways and Means. By Mr. Bovrwati, (rep.) of ass —To, promote agr- cultural industry in the lately tn rebellion, and to secure homesteads for treedmen. Referred to tbe Com- mittee on Freedmen’s Affairs. The first section declares the title of all abandoned jands in States recently in rebellion to be in the Unitod States, forbids the President or any other officer of the government from surrendering it or doing any act to impair or affect toe title of the United ‘The vecond section authorizes the Commissionerjof the Freecnen’s Bureau to contract for the sale to freedmen of sucn abandoned lands in lots not exceeding tem acres to one person, at a fair market valuation, om three years’ credit. The third section authorizes the Commissiouer of the Freedmen’s Bureau to deliver to farmers and plantors articles of subsistence = to advance them money on ceriain detined co: tions. ° By Mr. Cciuom, rep.) of Ill.—In relation to additional Douaty. Referred to the Committee on Military Affairs, Is provides for the payment of bounties to soldiers ia the late war discharged from service on account of dis- ability before they bad served two years, By Mr, Burr, (dem.) of I!!.—Piedging protection to all citizens, mative born or naturalized, the enjoyment of all the rights of citizenship under the consiituiton and laws of the United Staies, Referred to the Commiitce on Foreiga Affairs (rep.) of Ohio—Declaring the By Mr. Bixcmax, amendment to the constitution of the United States kuown as the fourteenth article duly ratified, Referred to the Judiciary Committee, A WILL POR FUNDING TRE NATIONAL DEBT, Mr, Huyren, (rep.) of Ind., introduced the foltowi Dill for the funding of tire national debs and for ot purposes, which Ways and Means Sxctiox 1 provides for a further at no definite period, but redoerna govermmeut any time afver t able in © ie was referred to the Commitiee om ve of bonds payable the pleasure of ube ‘The bunds to be pay. to Vear #ix per cent ds to be is nay require, 0 cover our ‘outatandi 6 to be disposed of by the hee: ie inexchunge (or our outatanding obligations. The expense of preparing, issuing and changing auch bonds shall aot e-tenih of OM per Cont. ¢ known as the funded debt of the jon. In con- eived t os onv-wiXin of the I aim in lAwiul mone; ivuted to the several determined by the last The bonds & of thi act the persons “ L be #0 paid holier, ex the tue provided for el avauy vane within twelve months a and pay wury uotor qitired to pay of States not payabi Wa aa greenbacks, as may be re de and obligations of the United in coin, ag fast as the same may be pro. e . a debt, ae provi bonds or oldie a Ii be drawing thw lees, d which shall vot be presenved payment or es chanae, aa provided for lu the 4 xection, within ols monine after such motice, or ait monihy efter the same becomes die, after sugh notice tha inveredt oa . te dave of se (FON jon by’ the sonave, ¥ PROWERTY, a the Awe TAF WaNPER's ven Mp, Witsox aiso reported fr committee a bill autuorizing the sate of the Ha property, which devotes the procesds, first to difraying the ex- Denwee of the sales; second, te ing to the United have money, fa for the providing Wat tle seer rio convey by daod all portio set apart for | the surplus 1 pur vous Mr. rotary | oy € militar al Curtis, ¥ wuven dation to 1oer to aittiee on Cla on an of Mr . 1 was referred hack to tuo Cowiu Aiea | Bae" r yones 18 BuNTe | Mr, Howarn. e tuced am bill reew. | Dive 40 ey Py ‘ ws ta a jaw, and of | interest OF fOr mx after suck # alter Bu nati Hino, 6. That the Se mulaie cota and in arty greater qu mitted to ecen. nited States uMcient wo meet the 4 he shall ag are taken 4 repor posang 4 al from every other source "ae United States and id into the Treasury, exce! eye necessarily arising From internal revenue and at eon foréiga imports. This Stoklug fund cannot be devoted. ta any other purpose except by the express consent of Qougreas. ‘THE GOMMITTEE ON THE TREATMENT OF UNION PRISONERS, Mr. Pama, ree) of Wis, on bebalf of the Chairman of the Select Committee of last sossion on the treatment of prisoners of war and Union cltizena, offered a resolu- tion that the committee be continued, with full powers under the resolutions of July 10 and July 13, 1897. Mr. Wasunonye, (rep.) of Ill, desired to. offer an ment providing that the committee shail jacur no fartherexpense, but Mr. Paine moved and the House seconded ihe previous question cutting of all amend- mens, Mr, Wasuncrys moved to lay the resolation on tho table, which was pegatived by yeas 62, nays 97, The resolution was then adopted. THK NEW RECONSTRUCTION MEASURE, Mr. Bivoia offered # resolution that the rulog oe sus- pended and thatthe Committees on Reconstruction be authorized to report immediately, and also that the House will to-morrow proceed to the consioration of the report, and will at the close of the debate on Wednesday proceed to vote on the samo, The question on suspending the rules was taken by yeas aud nays, and resulted yeas 116, nays 44, So the rules were suspended and the resolution agreed to, Mr, Buvauam thereupon reported a bill additional supplementary 10 the act to provide for the more efll- cient government of the rebel States, passed March 2, 1867, and the acts supplementary thereto, and it was read twice and recommitted, Mr. Brvauaw informed the House that he would not insist on tho last clause of the resolution, but would let the debate continue on Wednesday and the next day if the House desired it He merely wished to have it zee the special order from day to day until disposed ‘The Speaker notified the House that by the terms of the resolution, as adopted under suspenzion of the rules, no dilatory motion could be received after ti bate pepare close and the Houso should order the main question. Mr. Exprings, (dem.) of Wis., suggested that, there- fore, the effect of the rezolution was not only to enslave the Executive and the Supreme Court, but Congress The Srraxen remarked that the resolution was ex- Plicit in its terms, and that no dilatory motion could be enteriainod alter the main question was ordered. Mr. BINGHAM, in reply to a question by Mr. Brooks, declared that it was his mtention to allow a reasonable time for debate. Mr. Loan, (rep.) of Mo., submitted an amendment, which was ordered to be printed, ‘The bill as reported differs in the first eection from the bill as printed in the Hexaup on Sunday last It Toads :— Be it enacted, &c., That in Vi Carolina, Georgia, Alabama, Florida and Arkausas, theie’a’ la, North Carolina, South sippl, Louisiana, Texas, no civil governments, re- so-called c.vil Mr. Wiison, (rep.) of lowa, rose to make a report from the Judiciary Committee. Mr. Rontnwon, (dem.) of N. Y., rising to @ parliamen- tary question, asked the Speaker whetber the adoption of the resolution altered the rulcs without motice to that effect, ‘The Sreaker said that it suspended ail rules that stood in tue way of its existence, Mr. Rontwson inquired whether all the rules of debate were suspended, The Speaker repliod that they were not—only such rules that stood in the way of carrying out the order of the House, ‘'be same question bad been decided inst Congress on an appeal from the dec.sion of the Chair by a vo of 151 to 4, Mr. Rosinson appealed from the decision of the Chair, but the Speaker deciined to entertain the appeal, and atated that the gentleman from iowa (Afr, Wilson) was entitied to the floor, and that as the bill was not now before the House tuis was not the appropriate time tor appeals, THE SUPREME COURT—WHAT SMALL OONSTITUTE A QUORUM AND VALIDATE DECISIONS, Mr. Wiison then asked leave to report back from the Judicisry Committee, with an amendment by way of ao additional section, the Senate bill declariog what shall constiiute a quorum of the Supreme Court. Mr, Ross odjeciad, Mr, Witson moved to suspend the rules, stating that he did uot propose to call up the bill for a week, or until the geutioman from Pennsylvania (Mr. Williams), who had just introduced the subject in the House, was Present. the SSaay refused to auspond the rules by yeas 72, Days 8 oe Witson said he interpreted the vote as xpres- sion of tue will of the House to have the bill acted upon immediately. He would therefore modify bis motion and move to suspend the rules to allow him to report buck the bill for immeaiate consideration, and that when the House shall order the main question the vote shall be taken withvut dilatory motions. ‘The question was taken by yeas and nays, and re- suited as follows:—Yeas 113; nays 37. 80 the rules ere suspended, and Mr. Wilson, from the Judiciary Com- jitee, reported back the Senate bill declaring what sual constitule @ quorum of the Supreme Court, with an amendment, The bill declares that any number of the justices of majority predic! ier Court not less than five, being thereof, shall constitute aquorum, The amend clares that case pending before the Supreme Court involving the action or effect of any law of the United States shall be decided adversely to the validity of such law without the concurrence of two-thirds of all tue members of the court, Mr, Wituiams, (rep,) of Pa, offored an amendment requiring the decision of the court in such cases to be unanimous, He explained and sdvocated his amend- meat, Mr. Maynanp, (rep) of Ten soggested to Mr, Wil- Hams tuat he modify his amendment so as to require only ‘& majority of toree-fourtns, ir. WittiaMs declined todo so. He thought it was not exacting @ great deal to require the unanimity of the court ia reversing the decisio: y of Congress, which nation, and in which there were over a hundred and sixty lawyers. Mr. Lawnence, (rep.) of Obio, suggested an amend- ment in conformity with the second section of the act of February 5, 1567. Mr. WitulaMs declined to accept the amendment and imumated that the bill was imperfect, should not be acted on hastily and should be recommitted to the Judiciary Committee. Whore there was a dissent on the bench it would be found in nine cases out of ten that the opinien of the dissenting judge was tho more re- one Mr. Prvrx, (dem.) of N, Y., declared that on his re- turn to the House alter a fow weeks’ absonce, it actually seemed to him to-day as if the country was in the midst revolution. The House had before it to day a e4 sition of most extraordinary character, it was Proposed by one act to strip ten States of the little authority left thom; to deprive the Exocutive of ite power; and now it was proj by this act virtually to rob the Supreme Court United States of that which had givon it power, influence, dignity and strength before the country and the world, This action was admitiediy proposed in view of the fact that the Supreme Court might possibly make a decision which would Conflict with the views and op: of @ majority of Congress. This daring avowai would strike the country with surprise. Mr Marsiant, dem.) of IL, declared that of all the revolutionary measures brought before the last or pre- sent Congress tending to subvert and destroy the insti- tations of the country this was one of the very gravest, It was not only striking a biow at, bat sabi erting one Of the co-ordinate branches of the government, It had been a theory of tho government that it Wasa govern. ment of checks and balances, and that there was no arbtrary power that could put its foot upon the people and upon otber co-ordinate brauches of the government, If Congrems was ab-oiute, if it coald override tue will of the people, override the will of the Executive and the deliverate judgment of the Supreme Court of the United Staes, tore would bo established a despotisin not of one man, but an oligarchy or a mob, elected vy the people, but usurping powers never given to it by the consutution oF the people, It was the asseriion of an absolutism which tho people wouid repudiate, unless hey were w Iling to bo deprived of their liberties to Lave the institutions of their fathers trampied under foot, A more enormons proposition had uever been brought before any deliberative body. Tho very bring- ing forward of such a measure was a pica of gutity on the part of the majority in Congress, aad a confession that ite acts wore unconstitatic a that, therefore, they were unwilling to have tho urought’ before the great jndiciai tribunal of tbe country, There was no power under the federal cons a {t was a most palpable and u ion, aud it was not sate for any party to come forward to trample into the dust that great tribunal which bad establishod such a repatation under the lead of the pal men who lad pre ing, ite ¢ great pri permit any Congress to trampl exisience for partisan purp: men noi to attempt to pi the Supreme Co 10 gentie~ et on vation of the chec so important for the pr lunes of the governmen 1 so absolutely neve for the provection ot the righis of citizens. If thie law were passed there would not be oue of the guards in the constivution worth one cent to the citizen. Mr. Hivuiam wanted Uo know whether the geatlenan from Lilinois was not aware of the fact that the vill re- ported from the Judiciary Comm|tteo proposed no more ‘than was required by the or} Jadietary act of 17! under the administration of Washiagion, Dir, MARSHALL Was not aware of (he fet, and desired Mr. Bingham to read the section of the Inw that be ro- ferred to. Mr. Bivenam read from the Judiciary act of 1739 the section declaring that “the Su: Court of the United States shail consist of & Chiof Justice and five Associate Justices, four of whom shall consutute a qnorum."’ He argued that where ail ‘ho mombers were present it would require four to concur ina decision, which would be two-thirds Mr. Marsvant declared that he had wront respect for the abilities of the distinguished gentetnan (rom Ohio, but tho claim Ue lad p04 put acd Was one Of Lao movi palpable and shameful doaga: over aitempted to be imposed on the House, He was a toaiehed that that gentleman should attempt to pal was any ai + sure before the H He reminded raembers that tho people differed ve b with them as to the wisdom of Congresa, The difference of opinion seemed to be the same a8 tat between the inmates of aa in- sano asylum aud the outside world. The in- e of sucn an asylum had once — beon asked by @ visitor how he happened to be tnere, aod the anewor was, ‘My dear sir, it i a more matter of difference of opinion; I thought that all the the people of the world were crazy, and they ghought that 1 was cravy ; and as they wore iv the majority thay got tn . "(Laaghter.) ‘Tho iitustra WAS apposite, Gentiemon in Congress might think thot they bad the concentrnved wudom of the nation, and that all the rest of the people, incinding the s of the Suprome Court, were fools and idiots in compariaon with them. es; but the majority was on tne outside, aad be (hought that the majority would be of opinion that in presenting this question there was very litte wisdom within the walls of the Capitol. He implored the geu- Hewon Motto rikk the indignation of ihe country by going further with a measure of such a character. It seemed to him to be most revolutionary and most dan- gofous, a0) shat the people could not possibly donsider otherw: . Mr, Sr. .) Of Ohio, supported the bill as re- ported from the Tohictary Committee, Some tweive motos ago, be gaid, he had beou made conversant with ‘the bill drafied by the gentleman trom Poanaylvania ( Williams), and which had been offered as an amendment, ‘The measure had struck him as one bene- ficial to the whole coun! as ho now did, to the universality of the measure, to its requiring every member of the Suprome Court to concur jJudgmout impairing an act of Congress, He bad Suggested then that a concurrence of two-thirds only should be required. He was in favor of that because it ‘was anulogous to the requirement of the constitution that a veto by the President should not be overruled by Jess than two-thirds of both houses, Had Congress the right under the constitation to provide that in ad- judicating constitutional questions two-thirds of the ‘Pudges should unite in a decision before an act ehould ba pronounced unconstitutional? If not, then the action of Congress in passing this bill would bo futile, because that same tribunal would pass upon it, After some re- flection and investigation of the subject he claimed that Congress had 0 right, = an bas the ig had appertainea to Congress since ft * attempied to legislate on the subject, el most clearly bad the constitutional right to provide by law what number of Judges it should take to Frpeanes a Ry on any act of Congress, if he were qualified to hold @ seas onthe bench of the Supreme Couri, and if he bad that honor, nothing would gratify him more than the passage by Congress of thia measure, He did not believe that any Judges of that high tribunal would objectgto it, It relieved the Court of very great responsibility, and it made the decision more satisfactory to those whom the decision affected, He objected, however, to the amendutent requiring that each Justice should assent to the decision; that was requiring toomuch. It would not do to assume that the bench of Sages was perfect any more than Con- gress. He granted that there was lesa likelihood of their giving way to passion and caprice, ay they were elected for thelr wisdom and experience and supposed ability ; but the best of men might err, and thero migat be found oné man perverse enouga to withuold bis assent from a proposition which even he might deem correct. He would vote for thé amendment of the committee requir- ing a concurrence of -thirds of the Judges to deciaro an act of Congress unconstitutional. Mr, WiLson moved to add to the amendment reported from ihe commitiee a proviso that if any circuit or dis- trict court of the United States should adjud, Congress to be unconstitutional or iuvatid, t! betore any further proceedings bad upon it shall be cer- ct up to the Supreme Court of the United States, and shall be consi therein, and if on consideration thereot two-th: of ailthe members of the Supreme Court sball not affirin the judgment velow the same shail be declared and held reversed, Mr. BinGuam said he would have preferred the discus- sion to’have been carried en in a spirit ditferent trom the partisan spirit exbibited by she gentloman frotn Liit- nois (Mr. Marsbail), That geutieman should not havo assumed in advance for himself and the party he repre- sented that they were the only guardians of the cousti- tuiion and the people's rights, Nor did he recognize the title by which that geatieman assumed to pronounce judginent upon the majority in Congress, in the name of all the people of the United States. He would tell that genileman, once for all, that the people spoke for themselves, and by themselver, ana tbat from their judgment there was no appeal, either to tho Congress or to the courta. He would take leave further to rewind him, when he underiook to lecture the majority in the House about the sanctity of the Su- Preme Court of the United Statos, that it never was chalienged before the American people until it dared to descend from iis high place in the discussion and deci- sivn of purely judicial questions to the settlement of questions poliveal, with which it had no more right to deal than had the Court of St. Petersburg. The gentle- man seemed to aastime that there were tribunals in the country superior to the people, who created them, Did he in the high noon of the nineteenth century dare to assert that the servant was greater than bis ord? He would tell the gontieman that there was a tribunal be- fore which the Supreme Court was compelled to answer, and had been compelled to answer in tne years of grace 1858, 1357 and 1853. It would be asad day for Ameri- can jostitutions and for the sacred cause of republican governmenis if any tribunal in this laud created by the will of the pooplo was above and superior to the people’s power. That court, he repeated, lad disgraced not only itself as a tribunal of justice, but it had dis graced humanity, when it dared to mouth from its bigh seat of justice the horrible blasphemy that there were buman beings, either in this land or in any land, whose ‘mon Were not bound to respect. rgate whi Mr. MageHaLt reminded the gentioman that the Supreme Court had never said such a thing. Mr. Pruyn desired also to make a remark in that connection, Mr. IixGuam, not yielding the floor, said he under. stood very well the point which gentiemen would make, He did not ray that the court beid that doctrine; he had ouly said that it mouthed that horrible blasphomy. He knew it was no decision, Mr. Rouinsux, rising to a question of order, made the Le that it was notin order for the gentleman from nio to make such @ Charge against a co-ordinate branch of the government The Spxakee overruled the point of order, holding tbat be could not declare out of order an attack on another departmont of the goverament when made in parilamentary lauguage. Mr. Ronixson made the furthor peint of order that the gentlemen standing round Mr. Bingnam should be made to take their seats. The Srzaker sustained that point of order, and ro quested the gentlemen to resume their soats. Mr. Binaitam went on to say that trom tho decision of the Supreme Court of the United States an appeal had been taken to the public opinion of the country. The people had moved as one man, from the furthest East, ‘where the citizens of the republic kept watoh at the gates of t! began 3 the furthest West, where the citizens of the aggre 0] pt watch at the going down of people cision—such @ — condemnati as before been pronounced on the face of the earth, save one or two centuries azo, when the brave English peo- ple compelled that judicial monster Jeffries, who boasted bi k, and to call upon the train bands of London to trundle him through the streets of London, and hide him bebind the walis of the tower to save him from the outraged and indignant cousciences of English- men. The American people, by their silent majesty, by tbe omnipoteut power of th 1, bad pronounced just euch a condemnation on the American Jeffries. That decree was irreparable, and the rights of ali men in this country wore hercafter to bo respected. It would not do for auy man who ever read the constitution of his coun- be to rise in his place here = 2. that the Congress of the United States could not Ince that tribunal to a amnglo person, or to three persous, If tho number of judges was fixed at turee, of whom two would be # majority, would it nos Toquire those two to coucur in any decision? What ov- jection was there to this law’ The geutieran from illinois would have to find some other objcotion than is ad captandum statements that it was a viviation of the sonstitution, When be had called that gentiewan’s attention to the fact that in the first Congross the Ju- diciary law of 1789 was passed, mont could be pronounced uj without the concurrence of two-thirds, man bad ventured to say it was a dod; Bingham) did not intend it as a dodge. He intended to be und saying just what he did eay, that Wash- ington and bis associates had passed a law declaring that ‘no judgment of the Supreme Court could be pronounced Witoout the asseut of two-thirds of its members, Mr, Mansiait imquired whethor the Court had not been #0 organized that ft required the samo number of Judgex to declare a law valid? Ma, Bincuam adunitted that it did, Mr. Maxsitant weld, therefore, that there was no ana~ logy between the two cases, Mr, BiNcHAM Went on to contend that thore was, and contended thas had avery stron: reason for the passixe of this act, He would not etop to ask attention to the terrible consequences which followed in the train of that Jawiesk announcement to which he bad pre- Viousty reforsed. But he desired this bill passed ia view of (ue questions that were pressing on tie country every moment ‘Tuere wera goutlemea of high 8 fad political iufluence in the country who held that tuo very fundamental law iu ald not be changed by the people without the assent of the rebel States. This showed the imyortaace which attached to the present issue, and he, for one, trasted thas tho issue Would bo marie speed: He was ready to take jt to the country, fight the battle on it at tuo polls and foady to abide by the results, ‘The proclamation of tho gentle- man from Lilimow (Mtr, Marsuali) bad w for hita. That gentleman was no m i and the People than any other man o (Laughter.) uid decide this question, and to the people he would app Mr, Wiisox, of Iowa, moved tho previous question, statiag tat ae would not do so exceps for the order of tho Hous | order for to-morrow of the Dill report onstruction Committee, Tne previou jon Was seconded aud tue main question ordered, dir, Wason, of Lowa, being entitied to an hour to close tho debate, yielded twenty minutes ot his time to Mr. Woovwaro, (dem.) of Ya, who declared himself opposed to both the bills—that of the Reconstruction Committed and that of the Judiciary Committeo—ve cause he believed them to be unconstitutional, Congress ho more right to dictate to (ue Sapreme Court how it should decide questions than tue Supreme Court had to dictate to Congress, The Supreme Court was a co- ordinate branch of the government, and its decisions were to be made under the principies of the common law by a simple wajority, Mr. Bourweut inquired whether it was not within the power of Congrese te change the common law by astatuto law, Mr. Woonwann admitted that it was if the matter wero one with which the legislative power had anything todo, Another ovjection to the bill was that is would be found impracticable iu operation, Mr. Hoveaun (dom.), of Conn, baving five minutes’ time allowed hin by Mr, Wilson, opposed the bill, de- Claring that it was a usurpation on the part of Congress, Uoless the three co-ordinate branches of the govern- ment could be held together cle constitution of the country would no ra: oxist, The Supreme Court was not the creation jongross, bul was created by the same power that bad created Congress, Both came from the oue parent, and when one child sought to slay the other it was guilty of the same crime of which Cain was guilty in toe othet world, He denied that Hon- grows had any more right to pase this law than it had to decisre thas the verdict of @ jury should not be unanimous, It }was porfectiy well known that tois law wae {ntonded to reach @ particular cave, and the House was calied upon to vote on it in hot, indeco- rous haste, It was urged because thera was @ tumor that @ larve majority of the Jn Supreme Court were adverse to # particular 1 which Covgros seemed devermined w hang | Ifo, Ik was therefore proposed to muzzle the Supreme Court, Mr, Witton cloeed the debate, He believed that the first section of the bill had not been challenged by any geatioman who bad addressed the House, Vaat bewg #0 the whole principle of the bili was yiolded. if the argument made by the goutleman from seunsylvaria (Mr, Woodward), aod the gentietman from Connect (Mir, Hubbard), were correct them tye law as it now | stood was a violation of tho common law role about a majority forming a quorum, because it required six judges Out of the eight constituting the court to form @ quorum, Mr. Dawas, (rep.) of Mass., in support of Mr. Wilson's Pa Ton him aad the House to the second section of the cousutution, which declares (hat ia all other cases than questions between citizens of different Stater, &c, the Supreme Court shall have appelate jurisdiction “both as to the Jaw and the facts, with such exceptions and under such regulations as Cong! hall hereafter make, He thought that covered the whole case, dir, Witsox, after feolying to some tnterpeliations by Mr. Mungen and others, declared that instead of this being @ radical measure it was @ couservative measure, Mr. Wiwtiaus, of Pa, remarked tat tuat was the reason why he was dpposea aie sit ‘Mr, Witson said that Congress In this bill was simply declaring that the Supreme Court shail pot have leg:s- lative power without the concurrence of at least two- shirds of its members, It was the duty of Congress to protect the peopie and the government agains: the acci- denia) creation of an organic law by that Court, At present that Court might by the vote of one member override the enacsments of Congress and determine any principle of law, and it certainly was not we much for to require shat in the exercise of that gigantic id crushing power at loags two-thirds of the Court ould edacde, = t The House then proceeded to vote on the bill aud Poading smendment, Mr, moved that the House adjourn. ‘Tho Sreaxer declined to entertam the motion on the ground that the House was acting uncer order made on suspension of the rules, that the vote should be taken without any dilatory motions. ‘cont Rouixsox appealed from tho decision of the ir. The question was taken by yeas and nays, and the decision of the Chair was sustained—yeas 126, nays 25. ‘The following named democratic members voted to sustain the Chair:—Moessrs. Burr, Cbanier, Eldridge, Haight, Kerr, Marshall, Morrissey, Phelps and Sit- Breaves, Mr. Evprioce moved to lay the bill and amendments on the table, Negatived—yeas 39, pays 113. The question was taken on Mr, Williams’ amendment requiring unanimous decision of all tbe ju was rejectea—yeas 25, nays 124, The yeas Mosara. Arnell, Ashley of Nevada, Ashley of Ohio, Bing- ham, Cake, Clarke of Kunsas, Covode, Farnsworth, Harding, Judd, Lawrence of Ohio, Loan, Logan, Maynard, McCarthy, McClurg, Mullins, Pyle,’ Price, Trimble of Tenn. nam YL Horn of Mo., Ward, Williams of Fenn., ct Mr. Wilson’s amendment adding a proviso to the roan reported from the Judiciary Committee, was adopted—yeas 111, nays 88; and the amendment as amended was agreed to, mae Dill was thon passed—yeas 116, nays 39, as fol- WE iam 3 ‘¥as—Messra, Ames, Anderson, Arnell, Ashley ef Nevada, Ashley of Onio, Bailey, Baker, Baldwin, Sauks, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell, Bromwell, Broomall, Buckiand, Cake, Chturchiil.’ Clarke of Ohio, Clarke of Kansas, Conb, Coburn, Covode, Cullom, Dawes, Dixon, D Donnelly, Drigxa, kag a, Ela, Lliot, roe. Ferris, Ferry, Gurield, Gravelly, Grawold, Harding, ry, Hill, Hooper, Hopkins, Hubbard of W. Va., Hul- ‘unter, Ingersoll, Jencke vay, Riichen, Mayaurd, Mocarthy, atedias nu loCarthy, Moorhead, "Morrill, Afaliins, siyora, Ne Paine, Perham, Peters, Pike, Pyle Vomeroy, Pries, Raum, Robertson, Sawyer, Schenck, Schofteld, Shanks, Sinith, spalding, Stevens of N. H., Btol Taylor, ‘thomas, Trimbie of Tenn., ‘Irowbridgs, Twitche! Upson, Van Aeroam, Van Horn of Mo., War . Washburus of Wis, Washburne of Il, Washburne of Ind., Welker, Williams of Va. Williams of Ind., Wilson of Lowa, Wilson of Ohio, Wilson of Fa. , Windom and Woodbritge—ti6, Nave. Adanis, Archer, Baraum, Beck, Brooks, Burr, Chanier, Pox, Getz, Glossbrenner, Goilady, Grover, Haight, Hawking, Holman, Hotchkiss, Hibbard of Con Humphrey, Johnson, Kerr, Knott, Marsaall, MoCormick, Morrissey.’ Mungen, ‘Niblack, Nicholson, Phelps, Pray: Randall, Robinson, Ross. sitgreaves, Stone, Taber, Trunbie of Ky., Van Auxen, Wood and Woodwara—9, Mr, Witsom moved to amend the title by adding to it the words—‘And requiring a concarrence of two- thirds of the mombers of the court to deciare a law of the Un ted States tnvalid.”? Mr. Witums, of Pa., suggested instead of that to make the amendment read—"And to regulate the juris- diction thoreo!,”? Mr. Witson accepted the suggestion, and the title was 80 amended. PROPOSED DISCHARGE OF GENERAL HANCOCK, Mr. Ganvig, (rep.) of Ohio, moved to suspend the rules that ho might introduce a bill to reduce and im- prove the military establishment by the discharge of one Major general, and the one who was the iast commis- sioned in that grade before the Ist of January, 186s— General Hancock. After a very decided indication on the part of Messrs. Brons, Randall and others that a resort io @libustering would Se had to prevent the bill passing, Mr. GanrieLD wi hdr w the motion, giving notice that be would renew it nexc Monday, and then, at balf-past six o'clock, the House adjourned, UNITED STATES SUPREME COURT. Tho Case Against Marshall 0. Robertw? Line of Steamers to California—A Confiscation Case. Joontz, fallory, Marv: Miller, ‘Moore, comb, Nunn, O'Neill, Orth, Wasmaton, Jan, 13, 1863. Roberts, Plaintiff in Error, vs . Graham,—This was an action brought against Marshall O, Roberts by Graham for breach of contract to transport him, his wife and child from New York to California, by way of Panama, furnishing thom on the trip with suitable accommoda- tions, provisions and supplies, and alleging a long de- tention on the Isthmus and the want of bed clothing on the steamer on the Pacific side, whereby himself, his wife and child were made ill by exposure. Thi Gause was originally commenced in the State court, but ‘was subsequeatiy removed into the Circuit Court of the United States, where it was tried before Judge Hoffman, and the jury rendered a vordict for $10,000, The Cause Was thence brought here on a bill of exceptions taken to the ruling of the Court below on the measure of The Court now affirmed the judgment below, percpinion by Mr Justice Swayne, holding that there ‘wag no error 1p the ings below, fue sp of the on, Graham was made on the steamer Illinois, fandamus will lie to enforce judgments. No order of a Stave court will prevent the execution of a federal John K, Eigee, Administrator, Plaintiff in Error, vs. Oliver —Elgeo, it appears, was tue president of the Louisiana Secession Convention, In 1864 about four hundred bales of cotton belonging to him were seized fm the State of Mississippi by an agent of the Treasury Department as abandoned property and transferred to Mr. Loveil, also — agent, and under the pro- vision of the law removed it tow Siate not in insurrec- tion, Suit was brought in @ Missouri court to recover the property. Some time after the commencement of Segal peosedings Elgee availed himself of the amnesty proclamation of the President, by which he claimed he was reatored to bis rights of property, and among others hie right to the cotton. Distinguished counsel aro em. ployed on both sides of the qeestion, Attorney General Staubery appearing for the United States, iu company with Mesers, Hughes and Drake, who w rolamed by the Secretary of ‘reasury, AMUSEMENTS. Pixe’s Orera Hovsx,—Thore was a good house and a fine display last night of the winter fashions of New York at this establishment, and it 1s remarkable bow pretty faces and rich costumes and a beautifal now bird cage, all briiliaatly lighted, set off each other, The opera was that always acceptable popular favorite, “La Traviata,” with La Grange in her great réle of Violetta. If it were not trespassing upon forbidden ground, “when there is a lady in the case,” we should say that there is something romarkable as welt as gratifying in the ex- cellent presorvation of this delightfal singer, because she soems younger, fresher and more buoyant and elas- tic in her voice and movements now, iu the year of our Lord 1868, than she was we don’t know, of won't say, how many years ago, Violetta, though a comsumpive invalid, ails for that flexible, tender, powerful and capacious range of voice which only a prima donna here and there cau supply, and very conspicuous among these chosen iow stood Madame La Grange last nit, ‘The spirit with which she entered into the severe ro- quirements of this rile seemed to infuse new hife into Massimilicon as Alfredo, Always «careful and reliable artiste, he seemed last nignt to excel bimvelf, while Signof Oriandin’s Gormon was very neatly Cu ahe chorases wore woll « 4 and iho orcuestra, under Signor Nicolao, is 6 adapted to the efective de- ully velopment of the saiieat polues, Yooal and instrumental, of the score, That bacon is one of the wonders of h the eye of an appreciae ciator, and in watching its wooder(al gyrations the beauty of tue house, and ue beantios in the house, and the lights on the stage, are ali eclipsed. Such elo- quence in the motions of a stick was never seen before, Tt i@ the poviry of motion, It whispers, it speaks softly, and louder, it suouts, it warns, it implores, It floats, it soars, ic ‘lutters aad creeps, it flies, it springs,- it ig m short, in pantomime, the fiddle of Ole Buil, it 1s to the oye wha: Ole's cargut is to the ear, La Grange Captivated the Louse, bus this critic was captivated by Nicolao's batou. Ail the opera, in ali its modifications, Was given in the tmot.ons of that little stick, Never saw anything to touch It before this advent of Nicolw a nevor want tu seo anything im that lipe so eathu cally demonsirative agaia, The couductor’s heart is in bis work, which i an excellent thing; but ho ought to give the singers a@ chance to be soon as well as heard, No matter, The opera in ite new and beautiful house Opens promising!y, and eo coarmingly provided for, as at inst it 18, it surely ought to succeed, “Pike is & public benefactor. Ho bas given us one of the finest orna- ments of the metropolis, and for the honor of the meiro- Polis it must be sustained, Fresco THkarhe, —Madame Ristori appeared hero las Bight im bor great role af Queen Elizabeth, for the Inst time previous to her visit to Havana, She was received by @ full audience of the select and fashionable charac. ter that always favors those performances with its pros. ence, and under tho inspiration of such a house went through the fart with peculiar epirit, Her next per- formance will bo in the tragedy of ‘Norma,’’ with the Outline of Which the opora hag made our public tami! ar, It will be @ rare treat to mote the woadertal interpre. tation that the great actress will give to the noblo Passion of a purt that hitherto has beeu warmed into our sympathies with music, To-morrow nicht “Les Diablos Roses" will be piayed hore by tho French company for the bepolit of vir, Juignet, AckoRM? oF Music— Tum Deewnr Frowen,--The latest opera of ibe iamonted William Vincent Wallace, the “Desert Flower,’ was brought out at tbe Academy inet night before a inir sized audience, It ia the least inter. esting of Waliw works, for although thers ure a few charming numbers im it, yot the ceneral impression of the bearer? is ono of diasatisfaction. The libretto is full of absttrditio orome belag a eort of flerce virago and tender desert ‘lower at the tame time—an extra savage Selica and an innocuous Pocahontas transferred fo tb: earthquake region of Surinam. Tne hero, Capta: Maurice, and the funpy man, Major Von Puinpernickie, are the principal white men in the opera, and the villain is a ‘big Ipjup.”” The hero and tue desert Hower, after joing through the necessary rough ordeal that travellers In the highways and byways of love have to encounter, are of course united in tho ‘act, and the usual tableau of ‘villainy defeated and virtue triumphant’? res bs wont of the Spay We have already eket some part of will only speak of conse of thé vambee thie appeared most attracts in the represéntation: To pasisiey {bege Were @ trio in the first act, the le of thé Secdua act And @ beautiful trio and chorus fn the {ast act, The last Waa full of poetry, delicacy, fres! 38 and expression, and was given by Mive Riching: Castle and Campbell in excellent style, Of the songs scattered through every part of the opera the most note- worthy were, in the first act, ‘Through the pathies forest drear” (Mr. Castle), and ** fhe Woodbird’s Song’” Miss Ricbing: iu jhe secood act, “When wandering en the * eat drear’’ (Mr. Campbell), “Though born in woods’ (Mr. Castle), and “Why throbs thie heart ?” (Migs Richings). Tue orchestration of the finale of the frst act is quaint and exc*edingly effective. Castle and Campbell were in fine voice, and their acting was much better than we bave scen them display be- fore, and Miss Richings, in some of her ballads, was entirely satisfactory. ,The “Woodbird's Song,” however, was very badly sung, and other paris of the réle were manifestly unsuited for her, As a whole, we do not think that the ‘Desert Flower,” unless placed on tho Stage in @ moro eifective manuer, will prove a perma- nt succ a3, The disadvantages of giving English opera in such a large house as the Academy was pain~ tully apparent last night, and some of the more delicate thoughts of the composer were consequently lost. Nisto's—Reagarsat oF THs New Barver.—There was a dress rehearsal bere last night of the “White Fawn’’— the new fairy spectacle ballet and extravaganza—that 12 promised to the public for to-morrow night, It will be ‘8 most acceptable substitute for its predecessor, In iis spirit, in its magnificently picturesque character, in dresses, scenery, mountings. in the whole ensemble of @ grand piece of theairivai enchantment, Paris itself doc not often surpasa such a picture as the first scene of this ptece prosents, with the foreground blazing with the color of indescribable dresses, the distance softened with the luxury of Oriental towers and tropical vegetatioa., and the whole scene alive with light aud music and motion. Indeed, the piece promis*s in its presentation to belittle all that we have hitherto had of spectacle and ballet. Park TaxaTRe, Brooxtyy,—This charming little thea- tre was last night well filled. The occasion was interest~ ing. The play of ‘‘Ambition,” a striking and interest- ing adaptation fromthe French by Dumas, was put. upon the stage with very considerable taste and ability, The enterprise and taste of the Park theatre furnish an. example which some of our ambitious New York thea- tres would do well to nmitate. Tne play ts founded on a legend connected with Avnory Vill. and Catharine How- ard, The principal parts were all well susiained. Con- sidering that it was a first night the performance was indeed a great success. We cannot take time to tell tho Btory, but we commend all to make a visit to tbe Paric theatre, und we can assure them tuey will not be disap-, pointed. Mrs, Couway, who was evidently sufforing from @ severe cold, played the part of Catharine How- ard with gacoue and with very marked ability. The art of Ethelwoid, Marquis of Durham and Earl of rby, was well sustained by Mr. Joseph Procter. Mr. Conway as Henry Vili. was admirable, There are ong or two poinis which aro capable of improvement, Con~ sidering, however, that it was a first night, much allowe ance must be made, We sball be disappointed if this piece bas not # long and successiul run, NAVY GAZETTE. Captain D, McN. Fairfax has been detached from the command of the Susquebanna and placed on waiting orders, i Commander Edward Y, McCauley has been detached from duty as fleet captain inthe North Ailantic squad< Ton and placed on waiting orders. Paymaster Charlies W. Abbott tas been detached from. duty as fleet paymaster in the North Atlantic squadrom and placed on waiting orders. Chief Engineer Geo. sewell bas been detached from duty as fleet engineer of the North Atlantic sauadron, ‘and placed on waiting orders, Sugeon J. D. Miller has boon detached from duty ag fleet surgeon of the North Atiantic squacroa and placed on waiting orders, Burial of the Unrecognized Bodies of tho Victims of the Angola Disuster, r Burrato, Jan, 13, 1868. The unrecognized bodies of the victims of the late railroad aivaster at Angola, seventeeu in ail, were buried at Forest Lawn Cemetery, in separate graves, this morn- ing. A large lot has been purchased by the Buffalo an@ Erie Railway Company for this purpose in a conspicus ‘ous location in the cemetery, and it is intended to erect & monument in the centre of tho lot. } i EL EOu TELEGRAM HAS THE LARGES? It is, HE EVENING circulation of any afternoon paper in the city. therefore, the most desirable medium for advertiners. BSOLUTE DIVORCES LEGALLY OBTAINED IN ‘New York and States where desertion, drunkenness, &c., suflicient cause; no publicity; no charge until divorced Obtained; advice free. * ‘ |. HOWES, Attorney, &c., 78 Nassau street. BSOLUTE LEGAL DIVORCES OBTAINED IN NEW from states where monaupport, drunkennew- loity:'n a abit nO fees in ad~ REDERICK I, KING, Counseller-au A CIRCULARS AND INFORMATION FURNISHED IN. + all legalized lot J. CLUTE, Broker, Broadway and 153 Fulton street, AWOEFICIAL DRAWINGS OF THE SUELBY Col Gry. jlew? Lottery of Kentucky, for the benotit of Shelby 2, 06, Te eS OF ere Ss, a0, 50, SHELBY ZOLLUOR Lorrery. Lass JaxvaRy 6, 1, % & MN, 106 ia Commissioner* | BXTRA, CLASS KO, 19, 1, NN. BILD, ¥ .B LexpRom, | Sworn FRANCE, SMITH & CO., Covington, Ky. ACOPFICIAL ‘DRAWINGS OF THR KENTUCKY + Btate Lottery. a, SERS eT IM 6, 6, agaTa—oLAst 8, Jaguany, 18, 1868, a & Syuititay, ‘epby & Go., Managers FOR THE BENEFIT OF SHELBY COLLEGE. Bate Boats B80. Men. MURRAY, MORKIS & CO, Manager. For circulars of Kentucky State Louories address MU ite RAY, EDLY &CO., Covington, ky. Prizes cashed and information given by addressing Ee RICHMOND, No. 4 Gilaey Building, Cortlandt street. A OFFICIAL DRAWINGS OF THE PADUCAH LOT. tery o Kentucky :— TRA—CLASS 171, JANUARY 13, 1968, 15, 0, 6, 2 62. 6. 4, 20, 47, 83, 70. CLASS 172, Jayvany 13, 1868. 34, 0%, 25 4 67, 51. 7H, 29, G5, 5, 12, Al, 6. CULTON, DICKINSON & CO., Managers. STATE LOTTERY OF KENTUCKY, For the benefit of the University of Faducch and other pure ae are Ti sancany, B80 a . Gig 7% 2anvany 13, 1863," ad 13, 0, 73 1,5 2 87, ae ak ag WOOD, DICKINSON & CO., Managers. For ctroulars, ite., in the above Lotieries, willross WOOD, DICKINSON & Louisville, Ky. Iniormation turaished by JOSEPH BATES, 78 Bro TAYLOR & CO., 1 ICK.NS’ AMERICAN NOTE: PETERSONS’ New Edition, with a new Mnstrated cover of Mark Tapley on his errivalin America, with Mar= tin Churzlewit, with his baggage, batbox, &c., laying round, Price 25 cents. wale by the American News Com| sway, and Wall street, sellers. Ask for ‘“Petersons’ edition, Single eopies will be sent, free of p conts. Addross all orders and remittan ton Wo the Publishers, T. B. 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It is my certluent ‘4 E 8, il, GREMNE, We are but mortals, prone to {iIn, OF burning paing oF racking chill Life's yrest ject then mist Care 'gainat disenxo, ai all must see, Our common people Reem to think . Their iealih requires the druga they drink. The nase of bitters and piils on trial Show (his is true without denial. Porhapr » word in friendship said— Awe the wise" the proverb read T might repent without offence, Nor hope you'll think it lusoience, Painful eruptions on back and neck,« th left me a wreok year and a me 1 took one bottle my swellings to cure, Now wio wiil blame me for saying so sire. try WOLOUTT'S PAIN PAUST aud have aoure, 5 CENT EDITION OF DICKENS’ Wodns, TRIERSON'S CHEAP BDINON FoR THT MILLI NINE VOLUMES ARE NOW READY, VIZ.:— A TALE OF TWO CITIES, Price Twengy ive o GREAT EXPROLATIONS, Prics Twen 8 _NIOKUBBY. | Price Twea SFORLES. ” Price Twenty aN. BR TWIst, RICAN NOTE For sale by the American News Company, and all books liers. erson’s Kdition,” and jake no ot weliers. Hingle copies will be sent, free of postage, on receipt of twenty five cents o comple: Will be sent as fast ae issued, on receipt of $4. Addrese all orders and remittances, to receive Imauediate attention, to the Pabtishers, T. B. PETRRSON & BRY HERS, No, 36 Chestnut street, Philadeipbigg