The New York Herald Newspaper, October 8, 1869, Page 7

“TRUGR API NEWS ALL PARTS OF THE WORLD Personal Liberty Suspended ; in Spain. FIGHTING IN THE PROVINCES. Fronch Radicals on Absolution . of Allegiance. THE REVOLUTION IN MEX ICO. ’ he Cuban Junta Hopeful of the A Release of the Hornet. Governor Walker’s Message to the Vir- ginia Legislature. FRANCE, Threatenea Arraignment of Napoleon by the RadicaleAn Absolution of Allegiance. Panis, Oot. 7, 1869. ‘The Rappet, the orran of the “reds” and radicals, assures its readers to-day that the deputies of the left will proceed on the 26th of October to the bureaus of the Corps Légisiatif and sign a protest declaring that the Emperor has violated the constitution, and that they consider themselves absolved thereby from thotr oaths of fidelity to him, Deputy Keratry publicly announces that he will Mot go to the Legislative Chamber on the 26th inst, The Bank Statement. PARIS, Oct, 7, 1869, ‘the bullion in the Bank of France has decreased during the past week to the extent of 3,800,000 franos. SPAIN, Porsoual Liberty SuspendedDisintegration of the Legislature—Fighting in tho Pro- winces~Che Reiuforcements for Cuba=The Italian Throne Candidate Given Up. MADRID, Oct, 7, 1869. ‘The Cortes yesterday passed the bill suspending the constitutiona: guarantees during insurrection. The republican depunes refase to participate any longer in the deliberations of the Chamber, ‘There was a great devate on the government pro- posal to suspend the guarantees of the consitation. Caateliar, Orense and Sagasta made speeches. ‘The volunteers in Madrid have tendered their sup- port tothe government, and several battalions have goue out of the city for active service in the fleld. ‘The reports in regard to the embarkation of the troops for Cuba are contradictory, Some gay tt con- tinues, notwithstanding the troubles at home; and others have it that orders have been received at Cadiz suspending for the present the preparations for the departure of reinforce nents. ‘The insurgents who retreated from Reus were ae- feaved by Geueral Baldcick, with a loss of eighty killed and 500 wounded and many prisoners, The troops lost twenty-three killed and wounded. It ia officially stated that compats have taken placo between the national troops and the republican in- surgents in Catalonia, Arragon, Old Castile and Anda- lusia, and that so far the troops have been vic- torious. At La Caroma and Grenada the republicans destroyed the barracks and made prisoners of the evil guards, The headquarters of tne insurgents if at Mauresa thirty miles north of Barcelona. Several bands are traversing Andalusia, The town authorities of Orense were captured by the repudiioan band and are held prisoners, The caudidature of the Duke of Genoa for the throne of Spain has been abandoned. ENGLAND. Tho Bonk Return—Episcopal Church Changes. LonDon, Oot. 7, 1869. The oficial report of the Bank of England made public to-day shows that the amount of specie tn vault has decreas d £362,000 sterling since the last report. Dr, Wilberforce, Bishop of Oxford, has been trans- Jated to ibe diocese of Winchester, The Rey. Dr. MoKarness succeeds Dr. Wiiverforce as Bishop of Oxford, The political news to-day is unimportant. IRELAND. Politica} Agitation, DuBuin, Oct. 7, 1869. Moetings tn favor ofa Fenian amnesty have been hold gt Cork, Ennis and Tempiomore, GERMANY. Royal Visit to Austria. BERLIN, Oct. 7, 1569, In the Dlet to-day the presiding ofticers of the last Diet were re elected. Ministerial journals intimate that the visit of the Crown Prince to Vieuua is important as an indica- tion of the restoration of friendiy relations between Prnssia and Austria. DENMARK. Parliament in SessionRoyal Germany, COPENHAGEN, Oct, 5, 1869. The Rigsdag was opened by the King to-day. In his speech from the throve the King declared that his confidence tn the justice of the well undorstood interests of Denmark and Prussia was so firm that he had hopes that the Prussian government would adopt his views and consent to an arrangement which would result in perpetual friendship. AFRICA, Hopes from The Report of Dr. Livingstonc’s Safety. LONDON, Gct, 8, 1899, Additional, though not later news, has been re- ceived of Dr. Livingstone, He was seen fourteen months ago by an Arab at Lake Taugauyiki. The Arab says he was going towards the West, and was Probably cudeavoring to reach Congo. There were Bo doubts of his safety at Zanzib CUBA. Arrival of the Powkatan—No News From the Field. HAVANA, Oct. 7, 1809, The American man-of-war Powhatan, the flagship of Admiral Poor, arrived off the harbor to day ana sent a boat ashore for malis. Her officers report all on boerd well. No intelligence bas been received {rom the interior relative to the Spanish and Cuban forces, The Havana journals are engaged daily discussing the various phases of the filibuster question. MEXICO, Romero Stil in the Cabinet-Bustamente’s Revolutionary Aspirations. HAVANA, Oct. 7, 1869, Advices received here from the city of Mexico to the 30th nit, are to the following effect: — ‘The rumors tn circulation regarding the separation of Minister Romero from the Cabinet of President Juarez were pronounced incorrect. ‘The pronunciamiento in she State of San Luis Po- tom Was instigaved by ex-Governor Bustamente, and, ing to reports, the movement was gaining ground, The Mexican government had a saimctent Humber of troops en route to San Luis /otos! to sup- press tho movement, ‘NEW YORK HERALD, FRIDAY, OUTOBER 8, 1969.—TRIPLE SHEET, THE RECENT STORM. Great Destruction of Property in Now Bruns- wick~The Highest Tidal Wave Ever Kunown—Telegraph Lines Obliterated—Ships, Houses, Barus and Cattle Swept Away. SACKVILLE, N, B., Oct, 7, 1860. On Monday night this place was visited by a tre- mendous gale and the highest tide ever known, The marenes were completely covered. Thousands of tons of bay were destroyed and thousands of cattle and sheep drowned. The dykes on the marshes are all gone and the bridges all turough the country swept away. The Eastern Extension Rall- road track waa torn up eight or ten miles, and the telegraph lines connec! with the cable and with Hallfax obliterated, ae As far ascan be ascertained the tidal wave has caused great destruction on the Bay of Fandy and in and around St.John. The tude rose to a great height, carrying away and destroying an immense amount of property, Wharves were ruined; ships aud houses, barns and cattle swept away. The bridges of the European and North American Rail- Way were destroyed. There have been no Seno cars from Shediac to St, John since Monday. ie steamer New York, which left St. John on Monday for Poston,” narrowly stomped’ wrecking. She reached Eastport in a disabled condition. The amount of damage is incalculable, In this small parish alone the loss is estimated at over $1,000,000, The accounts coming in every hourshow the destruction to have been widespread. I¢18 remarked hero that this 1s the stgrm predicted by Lieutenant Saxby, of the royal navy, last Decem- ber. The English papers called attention to it last month, giving the necessary warning. The Damage in Maine. BANGOR, Oct. 7, 1869, A letter from Mr, Black, operator at Calais, to Mr. Bliss, manager of the Western Union Telegraph Com- pany in this city, saya:—"We are in a terrible state here, The linea both ways are flat on the ground and covered with trees and buildings. The damage to vessels and buildings 18 Very great. Eastport is reported as nearly demolished, Tne water in the Penobscot has risen to ita highest spring pitch. Booms are broken and millions of feet of logs have gone by the city. It is hoped that most of them will be picked up below, @ large gang of wen having been sent down,” Resumption of Railroad Travel in Massachu- setts, SPRINGFIELD, Oct, 7, 1869. The first train for Boston since the suspension of travel on Monday left this afternoon at kalf-past two, Travel on the whole line of the Boston and Albany Ratiroad will be resumed to-morrow, The Connecticut River Railroad, north from this city, is Low open, although the track is still submerged for some distance above Holyoke, The Breaks on the Erie Railroad Repaired. The breaks in the Erie Railway caused by the freahet have been repaired and the through trains were resumed yesterday afternoon. Trains commenced running regularly yesterday on the Philadephia and Baltimore Katiroad, Telegraphic Communication by the English Cable Restored. The wires connecting with the Atlantic cable at Heart’s Content, which were prostrated by the great storm in the East, bave been repaired and communt- cation with Europe by the English cable ls resumed. Deapatones are now received and forwarded as usual. WOMEN’S SUFFRAGE. Success of the Women’s Suffrage Convention in St. Louia~Public Feeling Interested. Sr. Louis, Mo., Oct. 7, 1869. The Women’s Suffrage Convention was largely aitended again this morning, and very deep taterest taken in the proceedings. The resolutions tele- graphed last night were unanimously adopted, and Speeches were made by several prominent ladies in the movement, The Convention 80 far has beena Most decided success, and developed an aitogetner unlooked for interest in the purposes and objects set forth by the leading spirits of the movement. The Convention at Cleveland—Addresses by Mrs. Howe and Miss Authony. CLEVELAND, Onto, Oct. 7, 1869, ‘The evening session of the Women's Suffrage Con- vention yesterday assembled in Mercantile Library Hall. Over 2,000 persons were in attendance. The Convention was gddressed by Mrs. Julia Ward Howe, of Bostou, and Mrs, Livermore, of Chicago, Miss Anthony also made a brief speech, which was well received. The Committee on Resolutions re- ported a platform, the discussion of which was deverred autil to-day. THE PACIFIC COAST. A California Present for the Pope—The Cali- fornia Wheat Crop—Activity in Railroad Matters. SAN FRANCISCO, Oct. 7, 1869. Archbishop Almy, of California, left for Rome yesterday to attend the Ecumenical Council. He carries with him a gold snuff box, filled with gold coin, as a present to the Pope, ‘The party under Lieutenant Wheeler, sent to ex- plore the great desert country west of Colorado and south of White Pine, report their arrival, after severe trouble, at Muddy river, fifty miles south of the mouth of the Rio Virgin. They will return by ‘the most westerly line, and reach White Pine about the 1st of November. The dificuities on the Virginia ws and Truckee Railroad have been settied, and work has been re- sumed by a party of Chinamen. The receipts of wheat and other grain from the interior continue to be large, and it is stated that not less than 20,000 tons are awaiting shipment along the line of the Western Pacifc Railroad, tn addition to the vast quantities already sent over the line, The business of the Central Pacific Ratload is larger than ever, the earnings for September being $597,600, of which the greater part was in coin. It is expected that au additional through express train will be started to leave thia city in the evening. Alarge force of workmen has been put on the California and Oregon road, both at Marysville and Vortiaad. THE PLAINS. Movements of the Vice President—Mormou Missionaries for Europe—Indian Murders in Montane. Sr. Louis, Oct. 7, 1869, Vice President Colfax and party will arrive at Omaha on Saturday, The Union Pacific Railroad commenced running & morning express train to Promontory yesterday. Three hundred soldiers passed through Omana yeaterday for points along the Union Pacificr oad. It is reported that from 300 to 500 Mormons will soon arrive from Utah en route for Europe, the ma- Jority of them to work up emigration from various countries. The mautilated bodies of two men who had been murdered by Indians were 1ound on Tuesday twenty miles from fielena. THE NEW DOMINION. The Tour of Prince Arthur=Departare from Kiugston—Reception by the Authorities at Brockville. KINGSTON, Oct. 7, 1869. Prince Arthur and the Governor General this morning visited the Penitentiary, Rockwood Insti- tute and other public buildings, The party left about noon on the steamer Magnet for Montreal. Yhe royal party arrived at Brockville at four o'clock this afternoon and had an enthusiastic re- ception. Addresses were presented to the Governor General and Prince Arthur by the Corporation, to which suitable replies were returned. The part} re-embarked on board @ ateamer and proceeded down the river. Maile Detained in Consequence of the Storm— Canadian Envoy to Rome. MONTREAL, Oct, 7, 1869, No matls from New York, Troy, Albany or Boston have been received since the 24 of October, in con- sequence of the freshet in the States, Mr. Gouzalve Doutre, who is going to Rome, is to try and induce the cardinals to uccept the resolution of the Canadian Institute as @ fitting submission to the Papal decree, Conference on Nova Scotin Matters—Dr. Hayes Arctic Expedition, HALIFAX, Oct, 7, 1860. Lieutenant Governor Doyle hag left for Ottawa to confer with government on Nova Scotia matters. Dr. Hayes and his assistants in the Arcuc expedi- a returned yesterday by ateamer from Newfound- MINNESOTA, Temporance Nominations for State Officers. CHICAGO, Oct. 7, 1969, ‘The Minnesota State Temperance Convention met at St, Paul yesterday and nominated Rev. Daniel Jobb for Governor, J, H. Stevens for Lieutenan: jovernor and &. 6, Hamitn for Chief Justice, pity candidates for Lieu! it Governor end Chief Ji tive are democrats and the ress republiogas. rete THE CUBAN PRIVATEER. Interview of the Cuban Envoy with Secretaries Fish and Boutwell—Speedy Release of the Hornet Anticipated. WaAsHInaron, Uct. 7, 1869, Sefior Lemus, the Cuban envoy, with Mr. Ruiz, of the Cuban Junta, arrived here this morning from New York, and returned again this evening. During tho day they had informal interviews with the Sec- retary of State and the Secretary of the Treasury concerning the seizure of the Hornet. Mr. Lemus {s very confident that the Hornet will be released, but on what grounds be does not state. He con- tends that when the trial comes on the officers of the Hornet will be able to show that she cleared tn due form from a British port. He denies the story of her officers having run ber into Wilmington for the purpose of bemg captured. PENNSYLVANIA. Return of the Brooks Assassins to Philadel- phia—Efforts Made for their Release. PHILADELPAIA, Oct. 7, 1869. A strong effort was made in New York to obtain the release of Mara and O’Dougherty, and Superin- tendent Kennedy, after the prisoners had been sur- rendered on Governor Geary’s requisition, detailed some thirty policemen to escort the prisoners to the train for this city, Inspector Walling came with them as far as Newark, and detectives Scott and Wilkinson continued to Trenton, where a party of Philadelphia officers met them at the wharf. The [oie were met here by atxteen oMcers and en to prison, where precautions were taken against a rescue. The trial of these men promises to be of interest, as it 1s expected the whole working of the whiskey ring will be exposed, Neil McLaughitp, implicated in the Brooks shoot- ing affair, had a hearing this morning and was fully identified as the driver of the carriage and com- mitted for trial in default of $6,000 bail. It 13 said that some lawyers yesterday got out a writ of habeas Corpus in his benalf, but that he refused to avail himself of it. The two men out on $5,000 bail each, implicated in the Brooks affair, were brought into court to-day and surrendered. Judge Ludlow ordered each to give 320,000 ball, to be entered in open court, and forty-elgnt hours’ notice to be given to the District Attorney. Both men went back to jail. American Board of Foreign Missions. PirrsBura, Oct. 7, 1869, The session of the American Board of Commis- stoners for Forelgn Miaslons was resumed to-day. Committees appointed to consider the various foreign missions reported atlength, The committee appointed to nominate oMcers nominated the follow- be whom there was no opposition: w Presideni—Mark Hopkins, D. D., of Williams College, Massachusetts. For Vice President—W. E. Dodge. For Prudenttal Committees—Charles Stnddart, Augustus (©. Thompson, D. D.; Walter Grimth, Alpheus Hardy, Lineus Child, Rev. Elbert Barhes, Robert R. Boosh, D. D.; Abner Kingman, James M. Gordon, Rufus Anderson, D. D.; Ezra Farnsworth, Edmund K. Aldea, D. D. For Corresponding Secretaries—Rev. Selah B. ey George M. Woods, D. D.; Nathaniel G, Clark, For Recording Secretary—Rev. John 0. Meares, For Treasurer—Mangdon 8. Ward. eee Aeon 8. Rooper and Thomas H. It was decided to establish a mission in Japan, and & missionary was appointed. ‘Ihe following persons were elected corporate Members to fill vacancies: Rey, Edward K. Aiden, D. Boston; Charles F. Thompson, Brattleboro, Vt; Henry W. Williams, Vittspurg; Rey. George N. Boardman, D.D., Bing- hamton; Rev. William W. Patton, D.’ D, Chicago; General L. Lockwood Browne, Chicago. ‘The place for holding the next annual meeting ts Qxed for4 Brooxlyn, N.Y. Jonathan F, Stearns, D. D., has been Garay to preach the next annual sermon, with F. Post, D. D., alternate, Tn the afternoon communion services were held and largely attended. in the evening meetings were held in two of the Principal churches, Tho Board wiil conclude its sessions to-morrow morning. MARYLAND. Democratic Nomination for Comptroller of the Treasury=Lynching of a Negro. BaLTimony, Oct. 7, 1869. At the Democratic State Convention to-day Levin Woolford was nominated for Comptroller of the State Treasury. The reported lynching of a negro named Quinn is confirmed by citizens from Harford county. It 1s stated that he committed @ brutal outrage on the person of Misa Reip, aged sixty-five, in Harford county, near the Pennsylvania State line, on Tues- day, the 20th of September, and escaped into Penn- aylvania, where he was employed on a farm. whereabouts being discovered, ho was enticed into the State of Maryland, taken charge of by @ sheriff, and placed on the cars on the Northern Centr Railroad, to be conveyed to Harford county. On arriving at Whitehall station a party of twenty-five persons took him from the sheriff, conveyed him near the acene of the outrage and hung him. Session of the Baltimore Presbytery—Killed on the Railroad. BALTIMORE, Oct. 7, 1869, In the Baltimore Presbytery, now tn session in this city, the question of @ reunion of the two branches of the Church ts now undergoing animated discussion, J. Cathel was run over and killed on the Northern Central Ratiroad yesterday, two miles from this city. Generals Beauregard and Joseph E. Johnston were present at the tournament at Woodland, Baltimore county, yesterday afternoon. Several thousand ladies and gentiemen were present. OHIO. Amportent Ruling in the United States Cir- cuit Court. CINCINNATI, Oct. 7, 1869, The United States Circuit Court was this morning hearing an argument of counsel on a motion to quash the indictment in the case of the United States vs. Dr. G. Dustin et. al., whiskey dealers, charged with conspiring to defraud the United States. The indict- ments in a number of cases were lost or stolen from the files, the indictment against Dustin et. al. among them, The loss was not discovered until the defendants were to plead, and the District Attor- ney thereupon moved the Gourt to order the sudsti- tution of a certified copy of the indictment and that the defendants be required to plead. This motion was opposed by Judge Sloan and General Bennett for the defendants. The Court granted the motion, holding that where an indictment was lost or destroyed the Court might properly order the snb- stituuon sf a copy, and the accused be arraigoed and tried on such copy. NEW YORK. Fire in Rome—Loss $30,000. Roms, Oct. 7, 1869, Afire occurred hero at half-past two o'clock this morning, which destroyed a large portion of the Seymour House,and burned to the ground two frame buildings owned by J. Doyle, west of the Seymour House, on Whitesboro stri also the Stanwix Hall barns. The rear of Sink’s new Opera House was acorshed, but sustained no serious damage. Tho Stanwix Hall block and the Opera House were saved through the exertions of the fre men, The the fire is estimated at $30,000, The fire origins in the house of J. Doyle, and is belleved to have been the work of an incendiary. The International {nd const f Koni trial ExhibitionProe 8 Templars, Burra1o, Oct. 7, 1869, The International Industrial Exhibicion has proved success beyond the hopes of tta most sanguine friends. The display is the most brilliant ever made by any similar institution in the State of New York. The attendance during the day was very large, and to-night an immense number of business men thronged the various avenues admiring the works of act and mechanism on exhibition. The art was thrown open to-night to visitors, &ntri still being made and additional accommodatios being provided for the new arrivals, The Grand Commandery of Knighta Templars, escorted by the Sir Knights of Buffalo, marched poe be the streets this morning in full regalia, attended by a band of music to Nu ‘a Falls depot, where they took a apectal train for the Falls, After visiting the Fails, &c., they will partake of a dinner at the International Hotel, and will return to Buffalo by the afternoon train. WISCONSIN. Embezzlement of Public Fands, CHICAGO, Oot, 7, 1969, A few days since some of the democratic papers of Wisconsin charged that certain moneys belong: ing to the ‘Treasury, from the insurance fauna, had been embezzled by one of the oMcers in charge.» It has since transpired that E. A. Spencer, the repub- lican candidate for Secretary of State, was referred to, and that he did receive certain amounts from the ‘Treasury, not with the {ntention, as he asserts, of embezziing, He bas since returned the money. In View of these facts t! ublican Central Commit tee ested him to withdraw as ® oandidate, which he did at once, | Tne for pocossity A LOAN FROM THE ROTHSCHILDS. The Government Offered an Indefinite Sum at Four Per Cent. ACTIVITY IN THE NAVY YARD. The Niepsic and Kansas to be Ready at Once for Sea. WASHINGTON, Oct, 7, 1309, Tho Rothschilds Offering a Loan to the Gov- ernment. M. Frignet, an agent of the Rothschilds, is ex- pected in this city shortly. M. Frignet comes here, it is stated, to tender on the part of the famous bankers a loan to any extent our government may desire. This voluntary action on the part of the Rothschilds ts said to have been prompted by the discovery that certain German capitalists were con- templating omertng our government a loan at four per cent, M. Frignet is said to be authorized to make the same proposition. Collection of State Fees by Federal Officers. The Commissioner of Customs has recently re- ceived letters from shipowners and others com- platning that collectora of customs, especially at New York, refuse to surrender clearance papers on which United States fees have been paid unuil after they shall have paid tho State and city fees. This hes caused the Commissioner to submit to tle Solicitor of the Treasury for his opinion the question whether or not coliectors of customs have authority to collect State and city taxes or fees on vessels, Unnsual Activity nt the Navy Yard, Unusdal activity prevails at the Navy Yard here, and orders have been issued to fit out the steamers Kansas and Nipsic at once for sea. The Kansas will be ready in twenty days and the Nipsic in ten. Internal Revenue Appolntment. William B, Hobson has been appointed Assessor of Internal Revenue for the Third district of Kentucky. Indian Outrages in Montana. A letter from General Alfred Sully, from Helena, Montana Territory, received by Commissioner Par- ker this morning, states that the Blackfeet Indians in that region are becoming very troublesome. Lately they have committed two or three murders, and in the open day entered white encampments and drove away horses and mules with the greatest audacity, Four hundred and fifty head of horses and mules were thus driven off from white settle- ments within a very few days. General Sully writes that the only remedy he Kaows of now 1s to pursue the savages and punish them, which he proposes to do without delay. Customs Receipts. The customs receipts from September 27 to the 80th, mclusive, are as follow: $227,058 1,679,340 Pan. 94,162 Baituwore . o 119,842 New Orieans, September 18 to 25. 148,684 San Franvisco, September 14 to 25 177,620 Total... 546,606 The An Suils in ejectmeut have been brougat in the Sum- ter, Ga., District Court for the Andersonville Ceme- wy property. Judge Lochrane, of Georgia, has been employed to defend the government title to the property, UNITED STATES SUPREME COURT. Arguments of Counsel in tho Case of Rival Gas Companies of Memphis, Tenn.—i'rnps- actions in Cnfederato Trexsury Notes in Alabama tu 1864. WASHINGTON, Oct. 7, 1869. Associate Justice Field appeared to-day tu the Supreme Court of the United States. All the judges are now present. The Mayor and Aldermen of the City of Memphis and The Memphis (Gayoso) Gas Compony, Appel- lants, vs. Thomas Dean.—The defendant in error files his bill in the court below as a citizen of New York and a large stockholder in the Gaslight Com- pany of Memphis, a corporation chartered under the laws of Tennessee, aud which by tho act of incorporation (March, 1849) was given the privilege of manufacturing gas and supplying it for flity years. It appears that subsequently (1852) the city Guthorities conferred on this company the exclusive right for twenty years of lighting the city and of laying down pipes and conductors in ihe streets and alleys of the city. In May, 1866, the Legislature of the State incorporated the Memphis Gayoso Gas Company, and the corporate authorities of the city now propose, by ordinance, to submit to the voters of whe city she question of subscribing $250,000 to the stock of the new company; and the bill com- plained that the influence of the city authorities would probably induce the citizens wo sanction the proposed subscription. The bill, after alieging that the original company deciined to resort to the neces- sary litigation to protect 118 corporators—of which the complainant was a principal one—complaied that the new corporation was organized by @ void act, the Legisiature being without power to repeal or revoke the franchise recited in the charter of the original company; and that the act of the city authorities to passing the ordinance sib- mitting the question of subscription to the stock of the new compauy to the citi- zens, Was a grosg violation of their contract with the old company. The Ft that the city authorities be restratued from holding the pro- Dosed election and from subscribing to the stock, aud that the new company be resirained irom lay- ing pipes in the city and from manufacturing gas and selling fi to the inhabitants. The judgement below, in the Circuit Conrt for the district of West Tennessee, was for the compiainant, and the injunc- tioa was granted to the full extent asked, This appeal was thereupon taken. and upon it ts first raised @ question of jurisdiction. Ii 18 objected that, although the complainantis a non-resideut stock- holder of Tennessee, yet his company is @ resident corporation of the State, and, therefore, the federal Jurisdiction fails, The refusal of tne company to liugate ia urged ta reply. On the merits, the only question of importance Is that of ex- clusive privilege in the original corporation, On the part of the defendant in error, representing the original cherter, it 18 contended thata provision thereim, making It incuinbent on the corporation to establish a gas Manufactory suNl- cient 40 supply the city and Its Inhabitants with the quantity of gas required, carried with it a coexten- sive right—that ol exclusively supplying for the term of its charter the city and its innabitants; else the franchise would be of no benefit, but, on the con- trary, performance of 18 obligations would become ahardship, The argument of the plaintiff in error is that the claim of an exclusive grant in the original charter 18 wholly unfounded, because it contains no express terms of exclusive right. The correct doc- trine is that all rights which are asserted against the State must be clearly defined, and not raised by inference or presumption, and if the charter is silent about & belted it does not exist. Charters are to be construed most favorably to the State, and in grants by the public nothing passes by impli. cation, The courts of England and of the United States, both State and federal, it ig submitted, have asserted (his priuciple. The cause was argued by Mr. F, P, Stanton for appellants and continued by Messrs. McRae and Hume, aud was concluded by Mr, Stanton to-day, ‘The case of Thornington vs, Smith and Hartiey, involving transactions in Confederate treasury notes at the South during the war, was then argued by Mr. Phillips for the appellant, the appellees not ap- pearing. The action Was upon a note for $10,000 made at Montgowery, Ala. in November, 15 by the appellees, and payable one day after date. The defence was that at the date of the note there was no lawfal carrency in circulation in Alabama; that the medium of exchange was at the time the treasury notes of the Confederate Sta and that the contract was made with the understandiag and agreement that it should be discharged in such Confederate noves and notin money lawful or cur- rent by the United States, The note was made by dis terms a lien or m eon certain reai estate for which it waa given in payment, aud the action sought to hold the property for $10,000, lawfal money. The court admitted certain parol evidence, in consideration of which it came to the conciusion that the “dollars” expressed in the note meant Con federate treasury notes, and found for the defendant, holding the contract wholly tilegal and void, because it was payable In Confederate treasury notes. ‘The cause was tried in the United States Dis- Court for the Middle district of Ala bama, from which an ap} was taken to this court, the appellant contending that as the contract was not entered into for ‘She purpose of giving currency to these notes and thus indirectiy attempting to aid the rebellion, it is not affected by the circumstances that it did give currency to the notes. If there was no iilegai design ho contract was neither immoral por illegal. There Was no other currenoy by which the daily transac. Hons of business could be carried on, and it oad been imposed on the country by irresistible force. Ub Quivener Was almost the same asthe neaessity to live. No pro- test or resistance or rejection could avail auything, The case of Farrington vs. Sauders, from Weat Tetinessee, Will not be argued as BGO as expected. it tnvolves the question of the constitutionulity of the cotton tax. No, 18, McKea, appellant, va. United States wtit be the Arst case callod to-morrow, VIRGINIA, A Characteristic Radical Protest In the State SenateThe Malcoutents Reserve to Them selves the Right of Seceding=A Rival Legis inmmre Threntened—Mossage of Governor Walker—Ratification of the Fifteenth Amend+ ment Urged, RICHMOND, Oct. 7, 1869, In the Senate tho protest of the republican caucus against the loyalty of the body waa taken up and read at length. It announces that the republican members reserve to themselves the right at any ume to secede from the present Legislavure and organize by themselves a legal aud loyal Legislature, The Senate voted to lay it on the tabie, Inthe discussion a republican said he regarded those who joised in making this protest ag repre- senting the administration and Congress unttl the President and Congress should decide otherwise. It was announced that General Canby had replied to tne committee of the Legislature which waited upon him that he bad no communication to make, Governor Walker sent in the following message: — KXRCUTIVE DEPARTMENT, RICHMOND, Va., ei. 5, 1869, TAX SKNATS AND HOUSE OF RerRE- TLEMEN 01 NTATIVE! ne constitution lately adopted by the people of this Commonwealth imposes ort e Governor the duty “to communicate to the General Assembly at every session the condition of the Oommonweaitn,”” and to “recommend to their consideration such measures a3 he may deem expedient.’ As your parce and duties at the present session, however, ave been construed to be coniined to the “Jimited and h Wyoonce purposes requisite to reconstruction’ it will be necessary for me on this occasion, in the fulfilment of that constitutional objigation, to re- commend for your consideration such measures only aa are, or seer tO be, necessary to prepare the State for readmission to represcutation in the Con- gress of the United States, The Ath section of the act of Congress of March 2, 1867, among other things, declares that “when suld State, by a vote Of lis Legislature, ejected under Said constitution, shall have adopted the amend. ment vo the constitution of the United States pro- posed by the ‘Thirty-nimth Congress, and known as article fourteen, and wien said article shall have become apartof the constitution of the United States, sad State shall be deciared entitied to repre- sentation in Congress, and Senators and Represen- tutives snail be admitted theretrom on their taking the oath prescribed by law.” This law 18 sill in ful force, and Virginia was named in the preamble to the aci a3 one Ol the States to which it was to be applied. 1t wiil be necessary, therefore, for you to comply with the conditivu therein named, although I believe that article fourteen has already been ratl- fed by the requisite number of States, and bas deen oficlally proclaimed as @ part of the constivution of the United States. A copy of the resoiution of Con- gress, proposing article fourteen to the Legislatures of the several States, is herewith subinitved. In March last the Secretary of Stave of the United Staves transmitted to the Governor of this Common- wealth an oficial copy of a resolution of Congress proposing to the Legislatures of the several States a fifteenth articie to the constitution of the United Sta‘es, a copy of which 1s herewith submitted. 1 also submit herewith copies of the two opinions of the Attorney General of the United States as to the powers and dutica of the General Assembly of Vir- #inis at its present session, Our late election was authorized by an act of Con- gress approved Aprtt 10, 1869. the gixta section of which is tu these words:-- ‘That before the States of Virginia, Misstesipps and Toxas shall be adinitted to reprosentation {1 Congress thelr several Legislatures which may be horoacter lawfully organised it ratity the fifteenth article, which has boeu proposed by Congress to ue several States as an amendment to the aon- stitution of tho United States, While by this law the ratification by the General Assembly of the pEppased fiiteenth amendment io the constitutio.i of the United States 1s made a con- ailion precedent to the 24.a18si0n Of Lhe State to re- preseniation in the federal Conzress, 1 Cannot doupt that you would cheeriully ratify that awendiment even Were no auch condition imposed. ‘The people of this Commonwealth at the late elec- tion, by an overwhelming majority, accepted and adopted the principle sought to be {heorporated into the federal constitution by this amendment—viz,, the civil and political equality of all men before the law. ‘the well known honor and tategrity of the peopie of Virginta forbid even the supposition that tuey would full to faithfully adhere to aud maincain, while necessary and poasible, any principle to which tney had yielded their adherence. Virginia always fuifila in the most ample good faith ali her pledges. But our peopie by this action have not only placed the political rights of all our cliizens upou a firm and enduring basis; they have accompushed mach more, Tuey have increased prospectively the power and induence of our Stare in the national councils by broadening the bawis of representation. Under the fourtventn article of the ovustitution of the United States when in any State the right of suffrage is abridged, except for crime, the busis of representation mast be reduced in a correspondin proportion. Although we have wisely settied this quesiion, 80 far as our State 18 concerned, and banished forever from the theatre of State politics this prolific source of irritation and discord, there 1s reasonable gronnd for apprehen- sion that if the fifteenth amendment should fail of adoption a3 a part of the federal constimiion our State may be Nooded with and the control tnereof pass into the hands Of a class of emigrants from the great States lying upon or near our borders, Who Will seek the enjoyment of those civil and poiiical rights accorded to them here but dened tothem there. Self-protection, therefore, demauds that we do our part towards securing the ratification of thatamendment, Our laterests require it; our fait ts pledged to tt, Whea you suall have ratided tue fourteenth and fifteenth amendments to the con- stitution oi tue United States Virginia will have com- plied fully and voluntarily, ta letter and in spirit, with all the conditions and requirements of the laws of Congress, known as the Leconstraction acis, and wil bo entitied and undoubtedly will pe adimii- ted to immediate representation in both branches of the national legislature ou 11s assembilug 11 Decen- ber uext. The law of Congress itself provides that when these conditions shail have been complied with tho “State shall be declared entitied to rep- resentation in Congress, and Senstors and Kepre- sentatives shali be admitted on the taking the Oaih prescribed by law.’’ Representatives lave already been elected, and it ouly remains for you to elect Senators to coiupiete the representation to which the State is entitled. 1 have never doubted your competency to elect, nor the propriety of your electing, Senators at the pres- eut session. In my opinion it 13 clearly one of the “requisites to reconstruction.” Compiete restora- tion is accomplished by qdmisston to representation ja Congress, and there can be no question that adinission to representation may to some ex depend upon the hepresentatives elected, While tie election of Senators Would tully complete every Preparation necessary for the prompt admission of both Louses of poe The State to representation in gresa, election of suitabie mon for those exalt positions would nomistakabiy demonstrate the sin cerity of our past action ana aiord a sure guarantee of our intentions and purposes for the future. In view of the fact that the new constitution tnaa- g@urates many radical chaoges in our State govera- Ment and necessitates prompt and thorough legis- lation upon almost every subject within the scope of your powers, [ respectfully recommend to both Houses of the General Assembly the appointment of Standing Committees at the present sess! espe. cially for the consideration Of Snsaee, education, internal improvements aud the Judictary, Tue financial coudition of the State demands the serious and thougitial attention of an avle conumittee. Our educational aad judiciary systems aud code of laws must be remodelied aud placed tn barmony with the constitution; and our ternal improvements de- mand the gravest consideration of your honorabie bedies. Comrittees upon these and otler important subj ects appointed now, with authority to alt during the recess, will be able to mature bills and have them ready for introduction at the opening of your next session. Ia conclusion, permit me to congratulate you npon the progress already made towards the restoration of the State to civil government, Its good effects are already visible everywhere within the State, Confidence is being restored, commerce is reviving, mining and manufacturing enterprises are being organized, capital is seeking investment in our pub- Me improvements and in our rich agricultural and mineral lands; and, above and more gratifying than all, joy and hope are taking the piace of gloom and despondency. Peace and prosperity are once more dawning upon our desolated land, Couscious of the rectitude of our own acts, motives and intentions, and relying upon the continued favor oi the Almighty Disposer of human events, /et us all mantully grapple with the living present, and confidently hope for a glorious future for the Comimon wealth. ‘The Legislature adjourned after the reading of the Governor's message. The caucus of the conservative members of the Legisiature to-night resolved to adopt the four- teenth and fifteenth amendments at ouce. In the Joins Committee on the Governor's Message to-day ® proposition by Mr. Snowden, of Alexan- dria, to add to the bill perenne the fifteenth amend- ment @ clause showing (hat It was done because it Was requisite to the admission of the State was rejected, only two of the committee voting in favor of tt To-morrow an amendment will be offered in the House to make the adoption of the fifteenth amend- meat conditional on the admission of the State. ‘This proposition had no frieads in the caucus to- night. A caucus on the Seaatorial question will be heid to-morrow night, THE AVONDALE FUND. New York, Oct. 7, 1969, To rag Horror or THB Hewatp:— Wul you please receive and acknowledge tho enclosed contribution of fifty doliars from Bmpire City Lodge, No. 206, F. and A. M., to the Avondale suderers, and ob!) ay x Joseru P, JARDINE, Secretary. AMUSEMENTS. SrernwaY HaLt—Parti’s Seventa Concenr.— At Steinway Hall last evening there was assembiea another of those fashionable audiences which the enchanting little songstress can gather arouna her and’ bold spellbound while she chirps and turtle and sends forth notes which even the winged melo- disis of heaven might envy, Who has not heard Carlotta fas missed @ treat which nothing can supply. Critictsm is disarmed. She enthralls the senses; drowns the tmagination and seems to bear her auditors away on wiugs of melody almost super- human. She sang last evening ‘Non Credea” and “Ah! Non Guinge,” from “La Sonnambula;’”’ selec- tions from-the “Carnival of Venice,” and, with Ron- con}, a duet from “Barbiere di Siviglia."” to say ahe sang them. Rapturous applause and calla of encore seemed at frst unavailing to tempt her to gr more than she had promised, but alter the arnival song she could net withstand tl ees and, coming forward, aang a pretty iitth song from the Frencn, ta which her adore ail who were present were her admirers-—were more than delighted with ner exquisite performance of the music of laughter, She was ably assisted by Mossrs. F. J, Prume on the violin, Ritter on the nO a Ronconit and Habeimann in theis speciadgtyios vocalization. Musical and Theatrical Notes, ~ Hermann, the prince of necromancers, having returned from his travels in Jersey, where for the past two days he has been delighting large audt- ences with his prestidigitatorial science; reappeared last evening at the Academy of Music, tn this city, with a new repertoire of tricks before aiarge an@ |ppreciative audience. His next entertatument wilt be given at the same place to-morrow evening, an® on Tuesday and Wednesday next he will again holé forth in Newark. ‘The fifty-two artists who, by the sudden collapse of the “grand romantic French opera’! at the “Cata+ combs,” have been thrown out of employment; witt take @ joint benefit to-night at the ill-starre@ Academy, when “Robert le Diable” will be given) with all the unfortunate singers, male and fenule, taking part jnthe performance, “Lucie di Lamnrer+ moor” will be given to-morrow at the matinée for the same purpose. These fifty-two people are deserv~ ing atleast of the sympathies of our citizens, Inas- much us they were induced to vistt this country tor aN operatic season of four months, and they now find themselves, after an unsuccessful season of juss ve planes, among strangers, in a foreign land, many of them without euough money to meet their contingent expenses. Mr. and Mra, W. J. Florence made their first bow to a California audience on Monday evening, at Maguire's opera house, and met with a warm recep- tion. We learn by telegraph that the theatre was completely packed and that they were several tines calied before the curtain, The Komelli troupe of gymnasts and aertaliate, consisting of Sig. Romelli and Miles, Marie and Cecile, mado their first appearance in this country on last Monday evening, before a large audience, at Brady’s Curriculum, Jersey City. Their mid-air feats are said to be truly astonishing, the aerial fights of the ladies being particularly ‘remarkabie for daring, strength and endurance. The Nightin- gale Glee Club 18 also now one of the attractions at the Curriculum. Boucicault and ‘Dreams.”’ To tHe Eprron or THe HRRALD:— A play, entitled “Dreams,” now being performed at the Fifth Avenue theatre, is anccuncea as the joint production of Mr, T. W. Robertson and my- self. Will you kindly ailow me to state that this an- nouncement Is an error, and I have written to the management to Le doko my name may be with- drawn? The work belongs to Mr. Robertson alone. ‘The critics who have seen my hand in it must have had the aid of the Davenport brothers. Yours, obedientiy, DION BOUCICAULT. LONDON, Sept. 2: THE WEEKLY HERALD, The Cheapest and Best Newspaper in the Country. Tho WsexLy HeRato of the pravent week, now ready, contains the very latest European News by the Cable up to the hour of publication; also Telegraphic Despatches from Cuba, Mexico, and other points. It also contains the Current News of the Week; the Fashions; Amusements: Facetie; Foreign Intelligence; Scientific, Sporting, Religious and Literary Intelligence; Washington News; Obit- uary Nutices; Editorial Articles on the prominent topics of the day; Our Agricultural Budget; Re- views of the Cattle, Horse, Dry Goods and Boot and Shoe Markets; financial and Commercial Intelil- gence, and accounts of all the important and inter- esting events of the week. ‘TEAMS :—Singie subscription, $2: Three copies, $5; Five copies, $3; Ten copies, $13; Single copies, five centa each. A limited number of advor!iseneats in- serted in the WaexLy Herat. 1869. “The Man Who Laughs” in Victor Hugo's ot half as merry as the Grandfather Whitehead who seen gray locks and grizgied whiekers reanme their yuth- fal gli a aod. the effects of PHALON'S VITALIA, OR SAL- VATION FOR THE HAIR, He knows that the preparation fs. an pure as if it flowed from # Croton hydrant, and he sces thatitisaeclear, Not being evil it will bear the light, ana needs no darkening envelope like the deadly hair colorers. It does not spares spakice. like a black draught, but is alwaya bricht and free from sejiment, an‘ is the only article that ré~ produces accurately the natural color of the hair. Evening Telegram Cartoon. FRIDAY, OCTOBER 8. TAMMANY AND THE GERMANS, “18 TAMMANY IN A TIGHT PLACE?" A.—Yor a Stylish and Eiegant Hat go ta ESPENSCHEID, Manufacturer, 118 Nassau stroas, A—*t—*—*.—Gentlemen’s Hats, je THE NEW STYLE WARNOCK & CO.'s, 519 Broadway. Ant ate Our YOUNG GENTLEMAN'S DRESS HAT is NOT A BOY'S HAT NOR AN OLD GENTLEMAN'S. HAT BUT A HAPPY ADAPTATION; UNIQUE, DASHING, GRACEFUL. WARNOCK & CO., HATTERS, 519 Broadway. Amtetent.—Onr BOYS’ AND YOUTHS’ HATS aro a CULTIVATED SPECIALTY, exhibiting ali the novelties of the aeason, an complete in every department. WARNOCK & CO., HALTERS, 619 Broadway. —Fust Out in{Time to Cura Colds, Sore and Bronchitis—CHERRY PECTORAL TROCHES, “And Pleasures Banish Pain”—At Coltom DENTAL ASSOCIATION, 19 Cooper Union. A Remarkable Cure of Rhoumatism—Gene eral Farnum, 77 Fourth avenue, by DR. FITLER'S VEGB= TABLE RHEUMATIC REMEDY, 70¢ Broadway, Tonlcy i Ay stines, eras, Netttont Invigorator HOFF'S MAL’ A Wonderful Cure of Neuralgia—Mra. Hante fen U8 Wont, Thirteenth atrest, by DR. FITLER'S VEG- ‘ABL2Z REMEDY, 704 Broadway. A Special Contract to Curo Rheumatism or pp charge, at Dr. FITLER’S office, 704 Broadway. Specialty yours. All Rheumatic Sufferers Guaranteed Pere manent cure by Dr. FITLER, the eminent Philadelphia phy- sician and professor. Office 104 Broadway. A.—Middletown Mineral Spring Water will Hiively cure Dyspepsia. Constipation and all diseases of he akin and blood. Principal depot 193 Broadway and 66 Liberty street, A.—The Haines Bros’ Plano Inter Rev- enue returns show 1,135 Pianos sold during the year ending April 1, 1869, Call and examine, No. 46 Union Square, A.—Ladies’ Faces Enamolled; also the Pree aration for saleywith instructions, by M- LAUSSON, No. 160 fuadway. Cristadoro’s — Unrivallod Hair Dye.—Sold and applied at his wig and scalp factory, No. 6 Astor House, Retablished in 1900—Tho Metropolitaa Jeb Printing Ketablishment 97 Nassau street, Evening Telegram Cartoon, FRIDAY, OCTOBER & TAMMANY AND THE GERMANS. “18 TAMMANY IN A TIGHT PLACE I Fine Watches and Jewelry Repaired in the best er by Brat class workmen. GEO. ©. ALLEN, 416 Broadway, one door below Canal street, and 1,173 Broad way, between Twenty @nd Twenty-cighth sireste, For Girst Class Printing of Bvery Peveste= {lon go to the Metopolitan Job Printing Katablishment, Naseausirest, Gournud’s Ori Bot. we We wrest, or a, ee The Antl-Rheumatio Wadding Serves to bring all diseases on! "4 ee body tothe outside, re~ ‘ll Injurious ures, incredibly quick, gout and rbeumatio pains in ry form. To be bad at every re- spectable drug store and at the wholesale depot, 482 Broad. way. Why ts Phalon’s Fure, ond Polsogless Vitae LIA, OR SALVATION Behe ATION FOR THE Hari, tite eee Because it renders the