The New York Herald Newspaper, January 25, 1868, Page 7

‘NEW YORK CITY. TRE COURTS. BHITED STATES CIRCUIT COURT, * Bills of TAcictment. Before Judge Biatch{ord, Fhe Grand Jury came into court yesterday morning presented bills of indictment to the number of at . Feast a bundred. The principal effences charged are Weistions of the Internal revenue law aud of ihe act @grins counter/eog. UNITED STATES OISTAICT COURT. The Collision on the North River. Judge Biatchford resumed the hearing of the cese of Anne Cavan va, the ferryboat D. & Gregory the Gieambeat George Washington. As alrendy reporied ip Whe Henarp, the libeliant seeks to recower, 0,000 for injuries which she received on baurd D. & Grogory on Sunday morning, Septeyibor BO, 1366, while crossing {rom Jersey City to the Des. Drosses treet slip, and upon which occasion the Greg- ‘ery andthe Wasoington “collided,” the cabla of the former being shivered to pieces. The liteliant bad boib ther legs brokon and at present is tm a poer state of Dealth. Mr, Charies Donohoe resumed his address to ‘Whe court on the part of the owners of the Washington, Proceedivgs Betore Registers ta Bankruptcy. Before Mr, Jobe Fiteh. In the Mct'er George S. Mevreno.—Tarnetz & Nye for petiviouer, J. Solis Ritterbremd for eveditors. Order Yo suow cause why the petitoner should not bo dis. Charged. Each auerney desired ihe Register tu cert { practice Lo his Mowor Judge Liatoucord tor Bis thereon, Cayso adjoursed to Jazuary 30, 1868, at twelve o'clock noor. Inthe Matter ef Louis Laventnal.--Exawinetion of the Peidtoner udjoerned to January 31, 186, as twelve . Su the Maver of Carar Newman.—-Order to chow cause. 4 co January 32, 1863, at twelve MM. * ne Mane of 2 Gamposth Jr.—Examination for tittoner oomtivaed, Johu Vun Vicek aad , Moore yr petit-oaer, Edgar Betehunt, Jr., for creditors, In tia Matter Henry Lewis,—Benedict, Boardman ard Benedict for petitioner; A G, Hull and Charles Bmi b fercertan creditors, Motion to mend rcheduie ied, Cause edjourue@ te March 13, 1868, at ive M. dm the Matter of Thomas Bennelt.—First meeting of ereditors. Claims proved. Adjourned to the Sisi day ef January, 1868. at twelve hi. In the Mater of Stephen B. Smith.—Firat meeting of @redivors. Ciaime proved. Walter Darragh chosen as- mee. Ne the Matter of Thomas P. ©. Spencer.—First meeting Of crecitors, Cisims proved. Ethaa Allen for petitioner, George C. Reed, chosen assignee. dn the Mailer of Josep P'a:naaer—William ©. Traphe- gen for poutioner; A. K, Hadley tor creditors, Adjourned by consent to January 31, 1863, at tweive M. dn the Matier of Abner & Haight.—lovoiuntary vank- picy. Adjourned om motion of creditors to February bate 0 vipa M. Tm the Mate? of Samuel Cling—James M. Bmith for tioner. Examination of petitioner adjourned to wary Sl. Petitions In Bankruptey Filed Yesterday. Abraham Levy, New York city; referrea to Register Fitch, Simeoa Emanael, New York city; referred to Register Dayton . Edward D. Bailey, New York city; referred to Regis- ter Ailsa. COURT OF APPEALS. The Davison Contempt Case—Decision of the Supreme Court, General Term, Reversed and Judge Barvard Sustained. The case of Pitt et al., appellants, vs. Erastus Davison, imploaded, was argued at the present term of the Court of Appeals on an appeal from an order of the General Term of the Supreme Court, denying a motion by the defeudant to set avide @ previous special term Order specifying the defeniant guilty of a contempt of eourt and commitung him therefor, Davison had been fwpr soned (or fifieen months ia Eldridge street jail at She time the order of the goueral term was made, Judge Barnard dissenting from the decision. An appeal was taken to the court of last resort by Denais dic.lalion, counsel for pla.ntift’, and afier argu- ment, EF. Bullard appearing for the defeudant, the @ppeilaie court overruled the general term and settled tae law fuly upon all the quesiions involved, fully sas- taining the divsenting justice. ‘he opinion in the cuss, Feudered by dudge Parker, 18 full.and elaborate, all the ether Judces concurring, SUPREME COURT—CHAMBERS. Another “Tiger”? Contest-A Gambilng Caso in the Conrts. Before Judge Cardozo, Rorert P. Noah vs, John Pentland Gnd Esra P. Weston,—The piainti€ sues for the recovery of the sum ef $1,355, which he alleges he lost in gambling at faro ‘with the defendants at various times in the month of November, 1867, Be further, compinins that he was @mduced to participate in the gaine by representations ‘Made by defendants, and thatthe money was lost not in @ fair game, but by cheating, trick and device of the @efendsots The plaintid ts the son of « wellknown politician who was very prominent in this city some Yearssince, . ‘The case come before this court yesterday on a motion By the defendants to compel the piaintilf to make his eomplaint more deGuite.y aud corsain by stating therein the nature of the inducements that were mae to him toener into the game, and setiing forth the nature also of the gamo of faro, Toere ts vo question of the plantif’s ability to recover tho ainount if actually Jost itin playing a game of hazard or chance nth the @ but tue plaintif’s counsel state commenced the sui fact thas it was not je Court reserved its de- Boat vp fair ad Lowest piay. eino) the event of the Court compelliag the plaintiff to leading the puvlic may perhaps he ealight- quisition On the'modus operandi of contest- fing with the wily “tiger.” COURT OF GENERAL SESSIONS. Presentment of the Grand Jury. Before Judge Russgl. Shortly after the opening of the court yesterday moro ng the Grand Jury announced ‘has they had tin- fished their business. bis Bouor the City Judge stated What they bad passod upon one hundred and ninety eaves, which Was au wousually largo nujnber, and dis- Suarzed them with the thanks of uie Court, The foro. wasn bunded the followiug presentment to New Yor, ‘Go the Hon. A. D, Ressct, Judge of tuo © Sessions :— Tow Yrand Jory, In closing their term of service, beg Beare | rep m the result of their nt Visi w the UNG esiLulions Of thts cit it gt ela pleasure bear iesiimony to the genere! good arrangeineat, Clean) aes aud quiet order pervading every departinent. Bolievue Hospitai they foaud quice por! in fs details, They would especially commend (ae aimirad.o iueutu- tion calte® the Morgue—a receptacie [ur the unkaown @cad—waeb caunot be too mighiy spoken of, In ox- emiciug Ue food ai the bos; tuey approve of every- Shing furubled, witu the exception of te their opmion, was not suficieniy ou building intended tor an | and is wow temporarily used os infants’ pursery end hospiiel It contains imag sud 231 nurses end moter. She Grend Jury would su fn their opaion, born Dasidings ae overcrowded and oadiy ven! u Tou stave ul thiugs, however, they are iuformed, will terusi- Paie oD the completion of the Lew nursery building, Whicd will beready for occupation iu a few montun, Too Randaliy Ieiand nurseries ead hospitais for chil- dren are wortly of our higvest commendation. ‘They @ontain at ibe jresont time 672 children, all weil fed aad nd Jury would especially ap. the rigid physical examination to which the chi subjeCed preparatory (o enering the depari , &Rd Moreparucumiy would Chey aw '@ School i# va institution worthy of tu toa. containing 767 inmates, was ypointnisats; aud the Graud Jury cenuvt speak 100 higuly of th Ber ia wich alt ihe paveuts are tread. Tne Lopiiais for epiiepic sud paralyte pauents, re- conly enteblished, @&e mort aduirable institutions, fad promise tie bem results to thte upfort Class of persons §=Tueymow cvntuin iwe huadred Seveuty-iwo patients, Good order, cieaniiness, Kind treatment pervade thro: al, Work Public Cuar ties and ity be proud of \ts public imsuiuiions af tuey ure mow conducted, SIL@HEN HYATT, Foreman, B.A. Monnoce, Secre ary AEN Reem, Hee-y Smith was conv icied of stealing ailvor watch, alues at $12, frou Poiip Febt oa iho 10:0 inet, while | looking ate Grete Division swe He gut to tao ‘-Penveusiary for uwo years, Anton Monteuel, aded grilty afew aay A Kread Jarceay, Was sent lo tue Site guilty of Bera ey, wee svat vo the Penit y for year, Faw! Rosyner, who pleaded gulity 0 an assault end Datiery, wwe sen! to the Venieutinry (ur one year aud ordered io pay «fine of $2109, ¢ Why ARREST OF AN ALLECRD Snor.itTan.—Yesterday after- moon @ man giving his same as Aaron Aranguran @ntered the store of Messrs, We.ls & Diesel, No, 65 tHast WO wished to pur. there, Alleged, etoile o Package of pockat knives, The knives being roimed by one of we cerks, suspicion 1 Aranguraa, who Was deiane! d precinct, Who bad be K Lim Ino eustody. Oo veerening te pilsuner the # culo wea (ound in weswion, The accu taken ‘Delore Jurtice Low aod commitied Ww the Tombs for ‘Wal in defauit of bai, Avitory Beave Carce Swipe — A few daye tino « man representing bim« H. Johnson, keeping a boves pire ia Ibid ayeuar, beiween Luinty svar aod NEW YORK HERALD, SA'tURDAY, JANUARY 25, 1868, ‘TBirty-Nfuh streets, catied at the store of Mosern, A & B Bamber, No, #9 Broad street, and in pay"aent for purchased tendered @ chece drawn by ‘aimself for 9 14 on the Sixth National Ban, but it subsequentiy Sppeared (nat Jolnsom six dave previou',to giving ihe eneck had w.thdrawn all bie funus fror, that bank, [9 ana emergesty Ceptain Warlow, of the First prectact, @nd after bearing t'4e fac's in the care Connor, of bis ‘Arce, to work it up. re tn Third av enue a man g vive bis d in charge, and pre- @us accordingly (aken 1a ® largo portion of ihe goods tained from Mr. Bamber way discovered in the prouises, Search was made for Jolnsou, but be could not be found. Justice Dowling cammitted Cox to await an ex- amination, going to the came ar Samgel CITY INTELLIGENCE. AsTRoxomicsL~Tue Taree Evenixa Stans,—-The two Deautiful evening stars, Veous aud Jupiter, ars raptdty roachin; other, Os the 90th they will be jess ‘Wbun the didmetor of the Move apart, then, alibough Poemingly $0 near, the disiance petwoen will by mil- Hons of wiles, Venus is the jower, and of course we brightect The planet Mercury is tha. third evening star, but mot at preseat to be seen, Ga account of 19 low position, AWIVERSARY OF THR Bintupay or Ronert Buaxe.-— The aaniversary dinner of tue Burag Club of the city of New York will take pinco this eveving at Tstteu's Hotel, in this city, Hosea G, Perkins will bo the erator op this ocorsion. Mysetsnious Disarrgamancen—Captain Augustus Do Peyster, inte Governor of the Sailors’ Suug Barbor, Staten Ieland, has beor missing since Tauraday morning, Tt fs certain that he was in bed between two end throo o’clock A, M. on that day, but bis absence was mot di covered tillan hour or two later, He leit his room dressed in bis under ciotming oniy; must have chmbed the bigh iron (e209 surrounging the Harbor grounds, and, in all probabiity, went out spon the wherf opposite and fel! overdoard. the eruor hax been tor some mouihs past in a very critical simte of health, and in conse. quence £0 deyressed and melancholy as to excite the Keanest anxiety of his friends and the hearty sympathy Of those who recalled the genial and cheerful tempera ment which bas always so peculiariy distinguished him, Though tuere is not the slightest room tor doubung that he bas perished by drowning, yet bis family are in paints) suspense in regard to him, and bave offered a large reward for any information, Governor De Pey- sier was over eighty years of age, waa among our best known citizens, aud was loved aud respecied to a degree that falls to the lot of few men, Convmstox ov tum Tuxta Dutra Cot FRatenniry.— The representatives of tea or twelve charges of the above Colloge Socioty are now in annual session at the Astor House, Delegates are prosent from Union and Hobart Colleges, tho Renssalear Polytechnic Institute and Rocheser Universi of this State; Browa’s Uni vi , of Rbod nd ; Lafayette vollege, the Unive sity of Lewisburg and the other colleges of Pennsyiva- Dia and 6 num of Southern colleges, Interestin, letters have been received from distinguished gradual memoera, among which was ove from Joun Hoy, Chargé d’ Ajaives at Vienna, and other gentlemen holding official positions in tals country and Europe, The affairs of the frateraity are in the most prospervus condition, and the sociely is now reviving the old charges in the Southern colleges broken up by the war, The trateroity ranka among the oldest aud best college societies in the country, aud numbers among its mem- bers maoy gentiomen distingusued ion law, literature aud scieuce, bors ef the Convention wii close today with aw gant supper at the Asior House, Graduate members of the fraternity requested to mee! the Astor House to-day, at three o'clock, on im- portant business, Exxurr Firemey’s Assoctation.—The anrfual meeting of the members of the Exempt (volunteer) Firemen's Benoevoleut Fund came off at Firemen's Hali on Tuesday evening, 2lst inst, when the following officers were elected for ihe ensuing year:—Phillip W. Engs, Presi- dent; Zopbar slilis, First Vice President; A, #. Ocker- Gtiausen, Second Vice Prosident; George W, Wheeler, Recordiny Secretary, Francis Hagadoro, Financial sdo- retary; Jobo 8, Giles, Treasurer; James Y, Waikins, Willinm Bitetinaa, Charles J, ° Harria,” Trustees for four years, ‘The Treasurer in his annua report siates that at the previous one there was a balance at the Buicoers’ aud Drovers’ Bank, to the credit of the fund, $2,533 Sines that time be has received from Various sources $49,001, maklitg a total of $52,624. Ia this ameuot were was rece tor bouds and imortgages cancelled $11,600, governmout bonds sold $260. The disbursements for the same period haya amounted to $49,561, — tneluding $11,009 joaned on bond and morigaye and $1,700 in- Vested im government bonds, aud making the net amouat expended $23,811, leaving a balance to the credit of the fuad ia the Butcners’ and Drovers’ Bauk of $8,003, The permanent fund rematns the samo in amount as last year, $90,000, invesied as fouows;—On bond and mortgage, $69,000; nattan Baak stock, $250; United States bonds, $20,150, Lhe a:sociation Las also a temporary loan of $10,000. Rapicat Rercuucay Camraiax Civs,—A preliminary mecting of tho Eaecutive Committe was heid yesterday afternoon at the office of Mr. Charles 8, Spencer, Pros'!- dent of the clu’, for the traasacuion of the ordiaury business Mr. leaac J. Otiver gocupied the chair, A! tor some discussion arrangemonts were made to Wold a mass meting in the Couper Inattute immediately after the State Convention to further the views of ihe ciub im favor of Grant and Feuton. Tue meeting then ad- journed. Orposrrion To THe RapicaL Mrasckes or Concress.—A grand mass meeting under the auspices of the Constitu- tioval Uuion General Committee will be held at the Cooper Institate on the 30ch inst. The object of the Meeting is 10 adopt measures (o insure the defeat of the acis of the preeent radical Congress, Eumtuent speakers will be present on that occasion, The beadquarters of the committee of arrangements is at No. 754 Broudway. Revsion or tae Nivra Crass Orn Posuc Scuoo. No. 14.—The Ofth aunual reunion of this association came off last night with mach eclat at the S.euben House, Bowery, The chair was occupied by James A. cas, Prosilent, and ‘among the guests were Ausou Mils, Wm. & Brlaxeruo%, Barry A. Woods, «cuog in- spectors, and Thomas Boese, clerk of the Board of Education. After tul! jastice had been dono w the veods the Presideut delivered a biief ad- Wess, replete with aay reminiscences of the eariy vs of the members of (he society, whho, thirty odd were “licked” by Anson Milla, the eof the Oid School, No. 14, oa North ion) Among thé guests was sandy 4-6-6 lived on the creek, whers u ow crosses Sixteeath Bsleee, and rated boas to cant boys of scuool, Mauy toasts were piven ouded (0 during tue evening, but the eveat jon wag the preseniaion of a baodsome ted letter wood cane to tho first preceptor, Aveon Mil, by ELS Sinith on bovaly of tue ciass, Un presenting it Mr, Smith made some bappy remarks, snd conciuded by infurmng Mr. ilis that the elass, having been “ticked” by lim whea boys, were now About io ougs by “cane him, Asa whole it was tho scoora al rouniea of the teachers wad pupils, Torgettng the long ag: , iM tho lauguage of @ seng given at the lesive Dow dim ©, ould | y aga When sf mi'd Of manny youre, Tar TeLeGkarnre Fratexsit®.—The annual bal! of tho Telegrapa Operaturs’ Association took place last night at the New York Assembly Rooms It ap! nt reunioa a of (he fraternity from tur cies of boston, Phuadelphia, Washingtua, Baltimors, Aluany, ‘Troy aud other cities were proseat, Yaw Hirpis-Pacura Per cer Casn—In tho publtsnod accouat of the proceedings of this seontogly iutermin able case, in Thursday's papers, an innceuracy occurred port wiiea doos injustios to Mr, Robert W, the witnesses, The firet secount bas W, Osborn, why Was arresied, char:ed with forging aa order for the pay of oue of tie keevers of tue prisoa. The o'vial recerd reads:—Ex-Jdusuce Usvorn tesubed as (oiluwa:—Am Bot roady So swour that Eigninds was ever brought before me; L was in otico at (he ‘tue, can’s @wear that there Was anyiwing lore agains, Lim thea more rumor, A \iwexa Pouren Rereryen,—Frederick Smith, a porter im the empley of Owen Jones, No. 169 Eighth avenue, who was seat to deposit a sum of money aud 4d vot retara, end WhOw aisenpearance was Loled ‘ the papers yeserday, warned upon Friday Dighs, and 1 the writen satement of his employer, “sib @eop contriiog, with ali the money anu Chocks man. —There will be @ grand skating tourna meat at each of the following ponds w-day, vis:— Jorowo Park, Oatman’s, Fifth avenue, Unian, of Witiweasharg. At ta toe are will 6370 Gopiay RUWCIPAL AFFAIRS. Bonrd of Aldermen. A resolution was \ntroduced at the last meeting of this Board od wid over by which the anndal salaries of the Gierks aud other ovara of the Hoards of Aiderimeu and Co aien ety jncrenasd and placed as follgws:— Clerk of the Board, and by virtue of his office Clerk Of (he ommon Conve! and bond of tho Loxisiacive Le patiment of minor, §7.000; Deputy , $6,099 Glork, $3,500; Second 0; vied, Fourth and Pita Assiut » Mow ner, ; Uierk, Sergoaat-at and Sergaenia-Arms and the $1,900; Door. Board, $1,500, tbe $1260 Clerks of che Board Tawitor bo the c Of Councilmen, y Clerc, 98.000; | Fite Geuerai Clerk, cial Reporter, wager, $1,409; onubabArne, § seagot, genuc-at Armin, $f. 600; Aa 000; Dovrkowper, $f, 460; Reader, $1600, ‘Lue resolution was presented by Alde-mext Covltor, the three republicens im tho Loard, vot i will, neverthelves, t@ ail probavility be adopted, ixoagd 18 direct opposition to the previnun of the charter, eh forvids soe creasion Of any new office im the depart. M4 of the Cy governateat oF the inaraasing of the comps, wacious Biached (0 thuse already provided for. Ronrd of Audit. sNefore this Board yeutorday no claimants appeared, bug We cia.me of tue fuliowiog named pervons va the . calendar were laid over antit Mouday Martin, George W. Miller, Martin Woiforebe ) "and F. Millemaa, George a Marshall, =e ~ ® alte Steainenp itso, Now York Pt qi.og Company, ‘ ng Comp a 0000", Richard Company Jan White & Dawos aud F. Wanne: aunty Olerk’a OMee, Tho County Cierk has it sted orde clerks in the didennt parlg of the departmens to kee’) full recoras of alb money’ received by them and to ow ce retuins of th@ game, verltied by affidavit, on last day of each month, to the deputy The following clrances ths department: -Clerk in piace of TH. ‘S$. C, Duryea, in place of. Patrick Clerk at Special Term, Suprewe Court— W. Hardie, in place of ie! Part 2—William £, Haskins, im Clerk at Circurt, Part 3. Rocordiog Clerks—Rovers G: hort; Charice ai, Cader Wood; Augustu® ‘Loutph a David Henriques, m place of J, Stapteion, in Rarordiog Clorie jiacegi J 1 Hinoh, mm MeK.nniy; Ed, piace of Frederick Andy raon, James W lace of W. A. Duabam; ‘Robs Poter My rpuy, in pace of ie, iu Wace of James A, iy piace of W. Lo chide tn place of Willan Watsen Roger Dowling; Jamos Ki Devine; Joan Copyist—TIsaac Herma IMPORTANT CORONER'S INVESTIGATIO: in Asylum aod Foundi! uled=The Suferings of Micwitimute Cinidren-Testimony in the Cuse—Verdict of the Juary—Two Physicians Ceasured. Yesterday afternoon Coroner Keenan was engaged in holding an inquisition at the house of Madame Pat valias Catharine A, Putoain, in West Sevemteenth street, of m male child, of illegitimate birth, who had been named Joshua Moore. It appears that on Thursday afternoon a woman named Catharine Connolly, who had been employed by Mrs. Putnam (wlias Madame Pareello), proprietress of a lying-io end child's tenth street, was given {nfant, about two months old, by her employer, with instructions to procure a burial permit from the Boaid of Hoalth, and thea take the body to No, 1 Bond it the expense of the city. over the remain: the remains of a male ‘street for burial, cate of Dr, James W, Raano; during his illness, sot forth that he died at No. 14 West oenth street, whereas it should ha’ West Seventeenth street, This and some other infor- mation which appeared was brought to the attention of Dr. Elisha Harris, Registrar of Vital Statistics and Cor responding Secretary of the Board of Health, who thereupon turned the whole matter over to Coroner Keenan for thorough investigation, Deesased was about a muath old when given to the care of Mme, Parselie by an unknown woman, who was ited, sho giving no name or resisenci pay ing the anourt of money required before would be received and cared tor, days after admission to the attention from Dr. J. cited before the jury is As it goes to show how wlegitimate in- d from their mothers at the time they most need their kind careand attention, and handed over to Durse Of domestic, who doubtless often treat them in @ manner which pastens death. be found a full roport of the testimony and tue verdict of the jury :— 5. ‘TESTIMONY OF DR, HARRIS. E Harrie, being duly-swora, deposed and sald—1 am a physician; 1 am Registrar of Vital Statistics and Cor ng Secretary of the Board of Healih; requires that a certificate of its cause shall be made out, aud presented to the Bi that Uhis certificate shall give cori cerning the deceased person; it 18 exaininod with re- fereace to a proper cumpliance with the requirements of if tuund right, permission to who attended decoased institution, and received medi ‘The testimony quite impurtai fonts are eepar Subjoined will of death the ia Commissioners tifleate bears evidence of inattention or withholds proper facts, an investi. to the requiro- ments of the law, gation 18 con If Lhe case iz gor ous enough wo refer it to the \oroners; yesterday pfternoon ihe certificaie shown way brought io the Board of Health; tt was roferred. to me, aud I that @ woman had brought Geceased to the ollice; from tho fucts aad other eire: toe case to the Coroner, an exter the body was made at the oliice, ater wuicu the body examipad n of moroing I witnossed wion were presented; of a culld iving i of its natural (ood unjess great cara is @x- nes aN eusy Laing; within the he rate of mortailty of children cared es has Geen about fifveen per cent; jected and stary ery filty condition; cuild; deceased was in the evidence of inluman negiect makes it inv daiy io have the afr thoroaghy twenty of childven tess than two moaths od if take trom their navural (ood wilh de; witu Uie care exercised jvps (he deaths duriug the same period 4 than one fu fifteen, TESTIMONY OF THOMAS J. COX, Thomas J. Cox being sworn. deposed and aaid—I reside in Melrose Bureau of Vite woman prevent investigated; about one in yest ame to me with the wa; the residence in this certiucate was No. 1d West Seveo. t; 1 afterwards discovered that sie had a io a box, whea I referred the wh Harri-; 1 recognize the woman as hi last week wita (he same'styie of bundie, TESTIMONY ON CATHARINE CONNOLLY, Catharine Connolly, residing at 316 West Seventesnth street, being sworn, said—I um a washerwom empoyed here two days every woe! to ira, aud tuished about one o’civeK ; @ (ajuda Parselle) called me up siaia, aded moa bor and tld me to Like it Ww there was a body in it; { wer pormit to bury, aud there 1 never saw the Cusid live think I have taken tour or Give dead chitdien from this House; (hey were wi wri ue Way ws diseased was, Mrs img boon there wiorday Morning the box wus tek ing to my koow. [have knowa years; Lfirst sav hor a¢ No. 741 Greenwicl, siieet; 1 was (here aa @ gervant girl; tere; she took ladies for con tue culldron of the women tous ¥ touk children ir cooking, wash! of the chiidre women on bana , Dut did mot Dave the ca had frou vue to to #ix chiliren, ana ul (hey were acopted out; I saw very Little Je babes; 4 think ‘bere ove death ta tO moutis ia dren generuily babies wore fed ou; ocensionaly ia Gree Jeft ia Our ares and I ag aD average OF Cen wick streei, ibe cane I don’t kuow woat ho jaa! fall a cldd was f.ation bouss, sit, being duly sworn, fre, Pusnam for over four yours; ; 0, aod went tuot ia answe dw take care of tho U4 Puinain tovk charge of tue vabien; @ month in Groen we have beea bere since August iast; I can’ say how Many coidren We have Lad irom tuen Ul now—<ome- Himes Dive, suMeinies slaw mons; 1 Veud co Lhe i givo them aerated vraw # boll Loe Lrend 1a w wilk and sugar; eased Aduas Loe wo be came iu (hee. hen 1 faw her tm this room; sho wanted dof her fond; TF void ty ad from twe io re rotik and sugar, to 6 in lett him here know if wo would taxo ac We WOuld (akY it for $0 aad iis CloLhes aud Koep ib in pe or dio!, whea whe woud bring 1, I Wout oul ta ths e@yeoing, i fourd the deceased ere; 11 A OF EME MUCL, 1s Lomels Were ivOs; . Kawnoy Was vere and saw her; deceased alver tuat would not eat bul Live ead what throw np; about thres or fou Ke had convulsions i days afier it caine bore; (he doctur gay Mt wot a go0d | deceased bad th Ranwey aticadad tod friend of our Washer® © Week vel re last; Dr, Vosburg and Dr, Re both aitended Ler aod raid sie dlud of marasinid ate all the doatia wits 4 Lo be carried 16 Boud montis; Lacrenged tno decor T waved it alier it was dead; I y naked and wasted ic with cold water aud suap; [ them DUE A diaper and a slip om ud; 1 gat rian LO (ake AWAY; before 1 came to wo women bo aud one ty b arding ourselves, 1 know ouwwing about tue Wwouea shat board TOATIMONY OF ANSI EMrTit, / sworn, deposed and ra'4— a week a0 last bonday for the coulued, I made no arrawgement what suould be done with toy ouild; | have said notihig » the eubject; | cate ty 8 rom secing never Pen (he veceasel : I never gaw any Child bere tll 1 wud Gwo otuer women, 4 stay Ow tue top Loor; wae are beardiog be y sworn, depored and vost dweutyeminth siret; f (wo weeks ayo Leaded to soe mah emaciated action continued us dent, three days velore yas of one vide of tho body; after bis death J ave a eartificate for bis burial, as] aim scoustomed to 40 in similar caver; he CBrtit ve, deceased #as propery conued im this bonse aimee last F080 Cerid ates ia tae fall Gud por- Laps 08 oF treo ines, Queso by & Juror—Do yoo think thts is distopute- biel Av Taking chilaren ‘rom theis motner.# breex and them 00 spoon victuals tends to Bhorten ip aileeen a tus way migns De regarded rf deeenad, tnd fos having some couvel-ivs Ww increaye to be diced there waa @ MPDICA\ TRETIMONY, Wooster Beach, Jr., being sworn, eave! arn a phy- eka ‘nation ee the sician; | have wade body of deceased 0 connection Tews Morton, Chanvaux ava bon LUO, wr pages! of &f Bud iC bad oy ; er Was properly van Chemise; a Dew: was C¥oqiled into the box ” the body from moving, om A sage psn ol me iow? r part of body was found excor,med 10 geveral pisces; there were stains of fecal rface, and from other appeaances it Matter on foould uot have deen wasied afier death; i, presemied ‘ated log, but no evidence of exter. the ioserrel organs govera.s AD aneuic cundilion except the mucous m: of (he so.ou, weich Was moderately congested, the very lite feca) matier aad yellow mucua, but ocber than this were entirely empiy, ihe ctomech wasaiso in the same condition; from the testimony tm the cave, with the appearances observed, I am of opln.ou tat Guam was caused by gastric irriine ton from improper food, accelerated by am attack of ed the testimeny and the case was given to after mative deliberation rendered ‘VERDICT, Joshua Moore came to his death by gaa- tric irritation foJowiag aptha, Ibey find that death was hastened by waus of proper caro on Lhe part of Caivarine D. Putnam, alias Mra, Parseile, and believe that estab. lisnmonts of the kind kept b; are tbe means of caus 0g grout infantile mortality and tend tothe increase of immorality gad crime, They recommend that proper Stops be takea ve break up this and ali similar iuati- tutions. They censure Dr. Ranney for giving a {aise piece of doath im his certifies! ud also Dr, Vosburg for giving # similar false certificate im another case oc curring on the same premises, INTERVAL REVENUE MATTERS. Indications in and around headquarters yesterday pointed tos practical dissolution of the Metropolitan Roveave Board at an early day. Collectors Shook, Field and Bailey and Special Inspector Harvey have ail arsived from Washington, Deputy Commissioner Har- land having preceded thom hither a day or tw8 ago, From what can be gloansd tn the way of information it appears that a thorough remodelling of the whole !n- ternal revenue system wil soon bo brought about by Congress, The Committee on Wasa and Means are now Preparing « bill waca is ww repeal the entire Revenue law, 30 fa it relates to taxiog diatiiled spirits and tobacco, and provide for the more prompt and oificient collection of the duty, Whetuor or not the tax will be reduced, in accordance with the recommendations in Mr, Wells’ report, is a matter regardig wuich adverse Opinions are euteriained, though tue majority of those who profess to have “sounded'’ Congress the subj ct believe that no suck reduction will be mate, It is the intention, 60 far a3 can be ascertained, to keep a deputy commissioner hore who will have at his command an ade- quate detective furce to aid him im ferreting out frauds; Dut the seizing power will provaoly revert back to the hands of the coll countable for the from manufactures in their respective districts, The mooted question ag to the removal of Commissioner Rol- lins seems now to be emphatically seitied im the nega- tive, Unless that official resigns his position it 18 not provable that any cuange will be matie in the head of the Revenue Bureau. It seems to ve agreed upon, how. ever, tat the Bureau itself will be cunstituted into a Department and the ‘Secreiary of Internal Revenue” be made a Cabrnut officer, taus disconnecting it almost eutirely from tue Treasury Departiuent, to which it has been heretofore only an appendage. Depu'y Comimis- sioner Harland bas issued a circular requesting a joint meeting of the collectors and assessors at the Metropoli- tan Board rooms at noon to-di ‘The proposed changes io the department will doubtless be brougat up for dis cussion aud the views of tho ollicials thereun elicited. Mr. Harland having reporvod to Washington,*as ro- quested, the opinions expressed by these oiliciala at the former meetings, it id thougat that the pryuposed now taw will be framed as nearly as possible In consonance with such views aa they may Lave conjointiy agreed upon. Tuo only seizure reported yesteriay was of four bar- reis of spirits, at 164 Fultoa street, for alleged irregu- larity of brauda, OBITUARY. * Charles John Kean, The cable announces the death of this distinguished tragedian in London, om Thursday last, in the: fifty-sev- enth year of his age Mr. Kean was born in Waterford, Ireland, January 18, 1811, He was the son of the celebrated Edmund Kean, one of the greatest tragedians on tho English, or, indeed, the world’s siage, He was sent to Eaton tn 1324, whore be rewaiaed three years, exhibiting abili- ties of a high ordor, but was prevented from concluding lls collegiate course by the bankruptcy of his father, which compeliod him to return to bia home to aid his moiber, thea in the deepast distress, Thrown on bia own resources, he determined to adopt the stage as a profession, and accepted in 1827 an oiler from (ho lessee of the Drury Lane theatre to play for three years at a ealary of £10 por Wook ior the fingt year, 11 per weok for the second, and £12 por week for the third year, His first appearance was in Octover, 1827, a3 Norval, in the tragedy of “Douglass,” but it was the w versal verdict of the press aad puvdlic of the tine that he was a complete failure, The following year, becom. ing recvaciled with bis fotuer, he made a tour with bim in the provinces, playing suboruinace paris. In Ociover, 1529, ho appeared again in Loadoa ip the character of Sir ert Mortimer, when he made a decided bit, and thenceforth became one of tho favorites of the Loudua sudiences, Ho made his first visit to tho United States iu 1880, and remained bere for three years, enjoying a highly suceessful career, which need hin a large sum of money, Ou bis reture to Eugland in 1883 he de- clined to play in London anoles he recsived fifty pounds sverling a night, which the managers did not soe proper t give him, For Ove years stbsequently ho played in the provincial theatres und earned so high a repuia ion that the manager of Drury Lane offered him & munificent engagement, which he accepied, aud he made bis second appearance in Loudon ip ‘Hamlet.’ lis Suecess was great The foll.wing year he a,ain visiwd tuis country, returving to England the next year, Io 1342 no Was married to ths accomplisied Aciress, Miss Elle’ Tree, n, in 1845, he visited the Luv ted States and played a series of characvers with bis wile in the price pal cives for two years, On his retura ty bis native laud he played a number of highly suc- cossiul engagements throaghout Kugioad and per formed two seasons at the Haymarket, aud iu 1851 be beceme the lessee o: the Princess’ theatre, when he produces “Rictord LIL,” “Richard ‘empest,’? ther Shaxospearian}play spenuid revival assical tragedies proved a glorious suceess and added greatly to dir, Kean's qrowiag reputation, Ia 1542 Le was selected by the Queen to lake charge of the digmwio coireos at Windsor, where ho displayed bis nfuagerial powers ima creditable siyio, His final visis to the United States was made ip 1805, when.his success was a3 marked as ever, He piayed at the broadway thea'ra, wuere he appeared ax Cardi Woolsey to nia wiea Q Catcarne in “Heury ViIL” Since his return to Encland be has played oaly occasionliy; but arane¢ was always greeted by largo houses aud at eothusiaain, @ dul nut gevim to have inteaded Mr. Koan for was Uarsh, #harp m auto, bac it was me expres ions,» whitelr Keaa well ka how to commaad. Although bis yoica was bed Mr, Kean succeeded, by mere force of juciicet, careful and prolonged siudy and a ‘treless doe votion lo his profession, to take a front rank on the tragic #1a.¢, ant Lo gaia & Feputation almost equal to thet of bes errate facher, He ‘id not poosess the tae Fpiracion and genius of that celelrated actor, but L ta ned the Hnest conception of the eb by the closent text He wes somew li periect kaowiedye of 1 ius mainate detail, ga 6 OF Lis pecuiiny evfvotuve, Wien ell bi held to bis deoth a reputation which is uot second to that of any actor of his time, Mr Keen lev iarge fortune, the fruits of his success. fal profeasivnal ite, Peter Force. We have tho aancuncoment from Washington of the death of Peter in thet city, on Thursday evening jast, in the sevonty-eighth year of Ris ace, He was a native of New Jersey, but for fiity-two years had been @ ros.den: and ¢onsmcuous among the most enterpr sing and esieomed citizens of the vational capital. Tho cot ductor of a iarge printing establishment, Involving from time to tine vast amounts of government work, Mr. Fored waa distinguished, after tbe tapse of a quarter of { ® century in Washington, for his minute and compre hensiva knowledge of Amorican statesmen an‘ poli'ica, ard for bis ex interesting aud valaable collec: ood of books, pudlic ducumenis, pamphieia, news. papers, tape, ‘charts, magusenpis, &¢., bearing upon | the pol ieat history of the United states and the several Staves from the beginuing, and covering every political movement, greataud small, esseatial to a thorougi un- derstan dios of che rise, devvlopmeat and progress of our al in tutions, parties and factions. are not mistakea the political horary of Mr, was not lung ago added to the $50,000 being eonriderad 1 was ata pobiis epitt Tosident of Wasuingion, bowever, t Yoree was aiarly esteomed by bie ‘fellow citizens; for Wielier @ mayar oF privars elizen He was always ac- tive aud goalous sa good works, jooking to (ae pros. perity oO: (hecity, the encouraeement o: worthy young tinale Simple aad in bite, quiet and unprotending th his fustrious ia Bie good works, the record of Mr. Fosce's uity odd y: Washingicn fe that of a life welt peat aad a gua Gal om, fi THE RIGHTS OF AMEACAN CITIZENS, Letter from Mr. Seward. The following letter (rom the Secretary of Stave has been received by Captain Lyons, the receatiy retired President of the “Kaiguts of St, Patrick’ Deranrwaet ov Steere, Waearvaros, Jan, 21, 150% W. F. Lrowe, Beq., No. 785 itrvadway, ew York S1R—1 have ty ae ledge the receipt of your eter Of the Sih inet, Wuich 18 ReCoMpanied by a report and nvolutic ypled at a mesting of tne Parck,” held in toe oty of New York above mentions. In repiy Lhave to state that copr Of wow Papers Will be summilied to Congres fi conside ‘om of Shas body, Lam, sir, your obed wervaat. © iia WILMA bE WARD. gencral govaruwent whioa under the constitution ot “proposition susceptible of t Snpreme Cogrt Reports, page 45 424; let Story, Court, section 208; Ist Keut's Con! men ary, 1%, nove B. bany ot authorkios could bo cited, but we deem the pom, We ABE THE REBEL S7ATES IN THE UNION? Bins nibacabidinee OWITED STATES SUPMEME COURT. Effect of the Ente Rebellion on the Corporute Existence % the States Participating in t= ‘Tuo Issue Squarely Made aod Fully Argue Wasainarox, Jan. 24, 1863. The Slate of Teras ws, Georges W. White, John Chiles from using or disposing of the bonds spoken of in the following notice, issued on the 12:h of September, 1305 by A. J. Hamitton, Provisional Governor of Tex: Cavtiox To Tae Postsc,—Some time about the 12:h of Jauuary last one P. Murrah, claiming to be Governor of she Siae of Texas and cz.o/icio President of 4 mii: board which had been estaviished or:ensid! ing on the then existing rebe !:on ag Svates governmest, under a pretended contract Georg, White aud one John Chyler, thea resident in Texas, deliveret to them certain securits the Uaited States, then the property of the Stare to wit, one hundred and = thirty-f States Texan indemnity bonds, fssued Jannary 1, 1861, parable im fourteen years, of tue denomination ot $l, ea: ud coupons atiached thereio to the amount of $21,237 60, amounting in toe agereg bouds and coupons, © the sum of $150,287 50 which said Waite and Qhiies undertook pay by delivering to che State of Texas, at the cliy of Auvtin, coiton cards at $5 per pair, and medicine aud ‘HOspital stores at the same rate of profit upon origioal Cont us upon said cards at the price fixea, or iu Lhe event of failing to furnish sad articies, tuea to pay for sala bonds and coupous io seven per cent or eight per ceat Texus Siate warrants, ranug the Staio warraate at par, and the Umiied states bonds at eighty cents, when, im fact, the Staie bonds ia the market at the time werd kelling at eigbt cente on the dollar, thus exhibiting a shameless couspjracy between said parties to rob the treasury of the State. Now, pomepeny dl I think proper to give the public notice that said bouda were -delivered to said White and Cuiles by irresponsible parties, without any legit mate authoriy, aud in violativa of a statuic of the State, which requires said bonds to be endorsed by the Governor of tue Staie before they shail be availabdic the bands of any holder; that they were #0 deiver under a pretended contract, wi bears apon ite face indisputable evidence o° fraad and Cuiies, or either of them, have never paid or caused to be paid to the said Stave of Toxas one farthing in money or securities, or property of any character, for said bonds, and have oath fed from the State of Texas to evade prosecutivn aad punishiacat under the laws of the State; and that these facia have been made known to the Secrotary of the froasury of the Unired States, and a protest fied with bim against the payment of said bonds and coupons, unless presented for payment by Proper author.ty of the State of Texas. In support of the motion to dissolve the Injunction, the defendants insist as their maia point that the court bas not jurisdiction of the case, as it stands in the name of the Stale of Texas, a State not in the Union This point is urged as fatal to the bill, The plaintiif's Dill alleges that in 1801; ; An unlawful evmbination of individuals, in armod hostility to the government of ti United Siar seized upon the archives, treasury and property the said State of Tvxas, and, claiming to erci political autaority over the territory withia the linis Of said Siate, esiablighed a certain organ.sation denoimi- nated a miliary board, for the purpose ef accompiish- ing the overthrow of said government of the Stace of Texas under the constiutioa of the United States, by withdrawing said Staie from the federal Union, and for the purpose of carrying om War against the govern- ment of the United siaies, From that averment it will be seen that the plaintiff refers to the action of the State of Texas, in regard to her participation in the late rebellion. The effect of her ordinance of secession and of her participation in the rebveition are both legitimate subjects of inquiry in the cause now be‘ore the court. Her ordinance of se- ce-sion was @ public act on the part of the State of Texas, of which this court will take judicial noticé, The character of goverament which abe presents asa State during tue rebsiiion, wili also be taken into cynsideration by the court, The evidence of secession on tue part of the State of texas, aud ber armed hostility to the government of the United States, aflec ed her relations with the general gov- ernment alone, and in no sense did those acis impair hor corporate political existence as @ State, She retained her game form of Stato government’, with all hur local and domestic fosiiutiods substanuaily uncuan Her relations towards tne States which did noi secede she sought to change by witadraWing ber former coa- novtion with them, and by throwing off the common or nited Siutes bad exercised jurisdictiun and cont over all the Siaies, But before pursa ng this analysis of ber relations to the general government and the other siates, it becomes imporiant ww examine fursher into the manner in which she atiempied, by her ordimaace of wecvssion, to take her placo among the other seceding Suutes, ana win them make common cause of defence against the authority or wilt of thy nom-seceding Siates, Hor ordinances of secession was noi ® movement on the Part of a were faction ef er people, but it was the de- Liverate uction of the great boty of them, It was the Voice of the peuple with greut unanimity. Had the law. fatness apd p ty of hor acigon never beea quos+ tioned we apprebend that no oyjection woud ever been urged om the eroand that it was not the will }, AS Lae act on of the State of Texas could derive auy weight, authority or tmport- ance from the sanction of her people, she bad that Suuction with greaier unauimity toaa could usually b exvected apo Binost avy = proposition i could be submitied w her people, if tue state of Texas bad a de fact» government at the time She suld aud delivered the bouds iu controversy to the detondants, and such sale und delivery were mate pur- guant to the aithority of such de jaco «: thea the bonds ia question, being comme passed by delivery with all their title to tbe deieodants. Suis proposition ts Virtually conceded in the pisi Dili, and canuot be success.uliy controvertod. ‘Liat th State of Texas had a d+ fact government wo think is a @ clearest demonstration t/om aistory, precedent and authoritv, che indeed pos- Confederate tates But te there anytuing 80 very ps cular in our system of goverumeut that such a thing as a de /aio yoverament could pet ext at all wiuhin tue territorial limi.s of the United States and within tne constitutional jurisdiction of the goverment thereul? if We concede thas (he constitution of the United staces: hoids the Siwies togetier, as it wore, with hooks of- sicel, and that (he censral goverument ts paramount in authority ty every mgnt cummed by any Stace, tuis still would nob at all imoair tue force of the Support of the prope ine majesty Of our goverament i@ ig the persou of @ king oF prince, to vue whom for even a shor time, and to exercise whoso fuvcsons by @ prevender or evn weurper ta laud cousiituied a d: fico king or priuce aud ad: ficty goverament. Even an Kaglsh cur, with every possibie toolination and bas fo protecs tho royal succession aad 10 sastain tho sovereign in @evermiuing the liadity and esponsibility of a subject @ usurpor held the powers of th” government im aw hands, would decade that suci subject was excused and justified in reode: obedience to such d¢ facio goverament, We wil ho take a brief quotation trom Mr, J Commentaries (548 swood's)—sea fourih bovs, page ii When, therefore, a usarper fs in possession, tho subjen: ts excused and justi obeying add giving Lin a. man could ve wale if bis OLuerwise Under a usurpation Jiwiul prines had a rgatio bang bim for obedience to tie pawers ia vel e uaurper would oartaiuiy do for die- jo are tmnjer- asin is prima goediece nd oveuence. fw he is we, watil tig trae that under our form of government no in- stances cad ovcur of Lu exputsion by a usurper of Lae Fighiiul eovere.o, a prince, in the person of vue maa, Bor of tho king d jure by the King de /acto, because ihe Supreme auihority "of our government does nob reside in those iiusirious personages, But aa the oxistence of « de /acto goverament presupposes the absence or suspea- #00 Of Lhe auihoriy Of the goverament d+ jure, Ib Ue comes impor.aut to undersiaud where tie su. preme autuoriy in our y mauner and (orm tue @ (ho relaons Of (he States 1 & ty each other 1 2 fac governineat @: ta the secoding States doring tue reboiloa, Dut (0 what extent those reiativos wore suspended or affectod by reason of their participatio the reveliion, We have read that the Stato of Te had a d+ fucto government independently of her coane. tion with che oiher rebel Siates that formed ihe so-called Confedorate goverumeat, Our goneral governmeat p: Se-8e5 no origiual or inwercnt soveretgm(y. Hie powers aroailderives, Iiecan rgutully exercise no authority Which i# uot warranted by the powers delegated to it to the federal constiution, T ning woe! general goverura nor provibiied themselves from doing by It Ja this constitution wo a thre deparements Of our governmen' Z cutive and Jadictal, with tho powers of each aud ex; liciiy defoed, and beyond which deiaed powers uei.bor department is authorized to goin tue exorcise of autvority, because the “ peop.s,” in wiom resided all original and iunereas sovore gnty, 1eerved exprossiy to thems ives all (ue powers bot deegaiad w the goveral goveroment in Coustituiion nor prontbited to them by tt, ‘Tbereiore ail the sovereignty possessed by Ou Keneral goveraim rat ia WAP derives frown the goustitution, Upoa this prope sition We proposo ve refer to dome authoriy We quae {row Uret Greonieat ou Evidence, section 450: The relations of the United States to each other in repard to ali matters no: surranderad tw sae got newt oy (he paviona, coustunitom are thoae oO. Staves 1 close .readsu!p, eck Young sve. gn Aud tadependeas, ) foe same author, been seen all things mot surre;ageed w fe consiitution, aint, the: store, on chor in yor thle mutual rel ous are rather tham of foreign ovided im (ue constitnucn p fll reaprota as foreign i Of dome tie independenct Y It i acoyrdingt itaithcend credit sili be giten im eacy cls, recorda and judicial proceedings of The same deetrine i¢ recognised in 7 Cranch $4. Wheaton, is ‘A niready Mated that when the & bt her ordinance of secession and entere Fexas pase! dni the jae Fobelljod, she did not casade, alter or ia Mario Barreca Government, Wuea, iherel he en~ tered iuio the coufidevation with ‘he oiher ang ed chem ia what {3 famitariy calted tie ‘‘lale rebel ”? abe did i voiuniariiy as an inde; wre ere:gnty, Daving ber own disiinct political Siate organte zatron intact, and resisting he sutuority of the United States for tous years; hers.waa to all intents end pure poses during that perted @ de facto government, au’ rewained so util evertorowa by the military power the Unied Staies, It was the autheuty ef the governs ment of tue United States that ber, de facto goverumeng for tho time being superseded and saspouded withimy ber verriioral litaita okiog, therefore, at the State of loxas apart from ber connection with the other rebel, is noe caiied Coufederace’States had all the machinery of # geuerai civil government in successful Operation. These 5 aics embraced a population of measly eight muthons of intiad tants. ‘hey organized and pu. armies iD the fivid toa for four years successfully resigivd (ue dust poseriul miliary force, Whea wo bumbers, equipments, resources and eifle marehailed om the tented feld of 3 e@ magnitude of the struggle, the mamerica} wueagth ef tue forces engaged, qne whole charactor of the contest, a enc i goverument with the character “gn Powers ackuowledgo@. and recoguized sta character to be, and such Was it ree cognized to be by the goveramenut of the United States, Tarougd the rebel governmout bs pe negotiations -Were carried on for the exciuange of pmsoners of war with the goverument of the United states, ‘Thus far, af. Jeust, the so-caiied Cout-derats States wore treaved as having @ de fac'o government by the authority of the United Staves, We submit woether it bas ever befor@ been donied that @ goveruunent was at least de face wh.cb Was the representatve of # power conceded to be @ Leiligerent, aud tu which belligerent rights had beom accorded by tue civilized world. We are aware that our own authorities are uow calliug im question the right of the british government to lave accorded to the Cone federate States the character of a belligerent, but so Cousdent Is that government Wat the usages o civilized nations fuily justified oer in tuus making the rebal go~ Vernmetit, that she will not éven permit that question to be made the subject of arburaven, Moreover, tbe VS aeshebpee te of the United tates enforced @ strict juckade duriug the reveiiios, in whieh act hkee wige recognized tha peopis of the Confederate as by consider ciency, that was eF beliigerents it was wwe authority of the oO the United states tat was the repel States, it was the authority ofthe meat of the United Siates that: was su] and suspended, What is this power to be denominated, which ihus for four years heid at bay the whole power of the goveroment of tue United States, and carried on aud sustained intact boh Confederate ang Niate governments? No maudute of the Presdent of the United Siates, no federai courts peld their sesyioi no civ.t authority of the United States was carned or exerciged within the territurial limits of the Confed~. erate States for ui did not constte, governmaii wo bave not understood what coustiiules such ® government, Bul {y may insisted that ti» Stxle of Texas was pever out the Union; that she bad uo mghiful authority to so do, We take it fur vramied thut it has beon solemnly, ied by the arbitrament of the sword t had no Tigit.to secede, aga wo imagine that no court Will une tertake to disturb tnai sctiie.cent of the queaion. Buty nevertheless, she was, in fact, practically out, and too, without the consent of 1 United Staies, or Jeast a majority of tuem; aud having thus voluntarily: put bersei/ out without ihe consent of a majority of the mewbers of the Union to which sue bad bel she return without their conse: Jegisiative enactinen:? Tho Staves have said t those acts of Congross xcemaia im force she has mot such stay aa si authorize ber to prosecute this suit until the presented by Congress aro complied with. (Here the several acts uf Cougress aro cited.) Now, if, as declared. in the foregoing a ts of Congress, $6 State of Texas had) no legai Stace government, sue surelycannot sue as oa 1: is aloue by her authority in her politcal, corporat capacity that abe cau sue What constitutes a Siate & Witbin the meaning of the coustitution of the Uni Suites itis the peope of a Stato, in their orgauiz poiitical capaciiy. Her organiza‘non consists in her government, Hor coverpmeni consists in ber constitue toa and (he departments of Ler goverament provided im said constituuon, Ii, tuere.ore, the government of % Siale bas uo iegal existence, neither can the Stave ha aay. Io support of this position we quote from decision of the Supreme Court of the United States it the case of Hepbura & Dugas va, Etlzey, reporied tt the 2d Charies, pags 445, opinion by Chior Justic Diarshall, It was decided ia this case that a citizen of the District of Columbia was not a citizen of a State’ And why was not tie Disirict of Columbia a State h Be-ause it did not couiain tue cements or characte: of asi I: did not bear the relations to the gener: goverument of @ State, Sowe of those relations Geiaed ta the decistou above cited, ay also iD the Cony suituuiom, namely :— ‘The H use of Kepresentatives is to be composed of ber, chau vy the pe pie of Lis several States and dn ene i have at wasione repressntative, ‘The senate of, composed of two members f1 putt for the election of the ‘octors equal to ie whole number sore and Lepresenuatives, ‘These clauses show that tue word State ig used am the constitution as désigualing a member of the Union, and excludes ‘rom the game tie sisvidecation attached to 1 by writers on the taw of naiions, Where the same term, which vas been used piainiy in this limited sense ia the articics respecting the legislative aad execative departments, 6 also empioyel in that which respecte the judicial dearimeat, 1 wust be understood as ree taining the same origin: given to it But it may be said tuat the redol Sta govern meats are only illegal to. tue extent that their relations with the goneral gover: meat are aa ded Is uot the right to sue in ‘hia? court 48 much 4 relation as the right to at loast one Re-; presenialive ia tbe lower branch of Congress or twa Senators’ What instroment is it that guarantees those mthte? ‘The constitution of the United States, If one provision of,ibut consuitution ia reference to a Siave is guxpended al musi be. It is impossivie to reconcile it Wits Sound reasou or Currect logic (hat a part of the constivution iv in iorce in tae rebei States anda pi not iniorce, i matit requives I Supremacy of Syme provisions of U bei iwie, oiners Lave never been inverrapied, Neither cau it be maintained that there is any distinde in tue use of the lative department Court hav therefore, od that there if noua If, ® with regard to ber right her Senaiors, Represeuiatives and ele.tors, the is Certuniy oo State wilu regard to her righ® to sue im this cout But let it be cedet that there was eo de fa:to gorernmeny thatthe people in rebo.jioa against tue Uniied Star Wore Hot belligerents; thal Lhe coastitatien aud laws tue Coiled Scates were She time ia fuli force any Rathority over every foot of territory and every ing habiiaat Of tue the rebel Svaies, imcerrupted only by the lawiess resisiauce Of those in armed hosiliuy to th goveruwent, What attivuds does tho State of Texas oce cupy im this aspect of the Y Simply this—that Bt Une close of the war Ger peaple who participated im Uy revel. on Were liab'e to ¥e ried individually for any, Vivlaion of te cous itution aad laws of tie United Staces of which ‘hey oad beea gwity, and paniwbed ace, cordingly, ut ay she bad no power to throw olf oem Bliegiance to the generat government under the Datioual, cousutuviog, neither bad sae tis power to impair or Gostroy 4 single provision ibereot, aud a3 a necessary id iogical coaciusien she could not destroy a sing! provisivu Chereot, aad a8 4 necestary aud log cal coms clusion he cowid not destroy a #1 relation whict, the constiiuion provided tor with & state, 9u', on the coulrary, Of armed resisaues fo 66 government of tho Suaies were fo fuil vigor aad upimpa.red vilailiy, But whe her poople were lawleasly engaged in armed hostie li to the autuority of the Uoied states, if thoy throaga, (new Miitery Moard oid aud disposed of those boude with the imenuion of aldiog tbe rebellion, or any other purpose nat iuconsisvent with their raya atutude to th United States, aud the defendan them with @ (uli Knowledge of sun jon, ti canvet now tur around and ask this court’ to her from the folly of her ewn swyicidal act, No; maxim, “Za par deticto potior condilto est defendenter,” woud appiy tures, #0 (bat upon this groua@ would be eatitied to no relief in thw court, But again, fuusmuch as sue severod her reintions for the Line veing witd the general government wihous the Cunseutl of thai government, and if tt be detericined (ais Court Cuat sue cannon have (hese relations restor without the consent of that government through it@ ropreseotativus im the légsiative deparimoat, tuen che Canbet Sus ta this court, because that right, toat reas tion Hes prostrate aod brokew amid the ruins of reveilioa, among the other mente of de righis aud loet pruciples. In guy aspect of the we think, thereiore, thas this injacction should dissolved, Wo insiat, further, that the allegation of jusolvency of the defendauts are tas, suflicient to authorize @ court to interfere ch injection; thera must bo @ elear and oxplit averiment'of insulveocy. More inability to pay ® dob& died not am uut (o insolveucy, Tho Srate Of Lexa ine fists that tiewe Doudy were set apart among vthers as & 8p sohool fund by @o act of the Legislature, and. iy ti from tha: purpo: the Mijiary Hoard was t thers was oo power in tue Exeodlive to divert + ca.med Tho power ao to di ayanied 8, mited that aueh an ach the Legisiature would have oven void in any f the reveliious objects it Contemplated, It therefore, aggued that pevhor the defendants, Whi & Chiles, nor those persons purchasing from tho: took any Lito whatever 1o iho Douds, Lue purchuse fron Woe & Chiles could under no circumstance aoquire tite (or all coalracs made by and with etizeng of (he United s , and Loose of the States in rebelli or ci izons of the United Sinves and citizens of auy the reve! Staves during (he war are null aad void, By tue bouds were wot endorsed by the Governor Texas, as requ oy egues Deover & Pook and Moore & Bright fog motion to dissoive, I J. Urout, Geo, Taylor, Geo, W. Paschal BR. T. Mortick oppoved. WAVAL INTELLIGENCE, Benjamin F, Chander, now on duty as superintendeng: of improvements at tLe Charlestown Navy Yard, an@ who baw just been confirmed aa civil engineer tm the United States service, has bees detached from thi Charlestown Yard avd ordered to duty asthe Porteous N.H, Navy Yord, where ho was formerly stationed fog many yoara ¥ Captain J. Hisbeo, ote Marine Corps, nas Ordered to close the Unite tee Marine Recrujtio, Rendvavo sa in this city om the dist inst, and after t og over the government property in his oy crderod to report for duly ab the Poriemouus Me