Newspaper of The New York Herald, 13 Şubat 1855, Page 2

Newspaper of The New York Herald dated 13 Şubat 1855 Page 2
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Reported Kevelattons of the. tovncils of Pennsylvania (From the I-ennsylvaniaa (Ad.fljinMmUoo urgan] Feb. 12 ,j ' li?|?itonl-l?tw Kmw ><0thlng RtnUtlont AraUHIitotyoftk* Aeeent Trkniu Uom of ilbe CuuiK llnof PeiMjiyJvanla-Tlie Proposed %m?ndmenti U? (heir ConatltutloM ? DmI. iionm of the Council on Mooted Q,avr clone Pi aeeMV.?gi of the Late Council at Plttriwif, ??. roraro n?n thbr own official rkordh. Ou* reader* 'will find below a full history of all the /eoeot deliberations of the State Council of the Order of Ktnw Nothing# in this State, it being an exact copy of l bo synopsis sent to the various subordinate lodges for tbeir information and guidance. It will alao tie seen, tbat opon at least two questions, that of the abolition of the Canal Board and disbanding of the volunteer corps containing citizens of foreign birth, the State Council has issued peremptory decrees which have readily heen obeyed by tbe trembling slaves it has sent to the Legislature. PRO POSH) AMENPMENTS TO THE CONSTITUTION, .Submittal to tne SteUe Council at the Session of January 3, 1856 HELD IN THE CITY OF PITTSBURG, AMD DIRECTED TO BK DISPOSED OK AS FOLLOW* : Resolved, Thut the Secretary of the 5. C. be directed U Lave provided all proposed amendments to tbe consti tution, and forward them to the various Subordinate Ccunctla, and tbat tfce Subordinate Councils be directed to instruct their delegates how to vote upon them at tbe next session of the S. 0. PHILADELPHIA? 1855. rropcsed Amendments to the Constitution. ftrike out all after article 11, and insert the following;? articijc in Sec. 1. Tbe State Council shall be composed of the same number of d'-legates as there are members of tbe Senate and Bouse of Representative* of the State, the delegates to be elected from the same livalities as the members of the Legislature are now, ana ia the minner hereafter provided. Fronded , That e?ch county in the State shall be entitled to at leas*, one delegate. Bee. 2. All delegates to the btate Councils, and all wards, townships, muncipal, county, Representative, Senatorial, Congressional and State candidates shall be determined by the popular vote of the respective dis tricts, and the peisoc having the highest number of votes shall be declared the candidate of tbe Order. See. 3. There shall be in each and every county a " County Council," which shall have the general super vision of the atfa.r* of the Order in their respective counties, which shall be composed of three delegates from each subordinate Council, who shall be elected for ?the term of one year. And tbe I'resiientu of said Coun ty Councils shall receive and distribute all communica. liens and document? intended for the Subordinate Coun cil*, institute or cause to be instituted all new councils within their jurisdiction, collect and remit all dues and lees to the Secretary of the State Council, and call meet ings of County Councils when a majority of the dele gates thereto require it. The Count/ Councils shall also have power to determine all difference or disputes aris in their respective jurisdictions, subject, however, to an appeal to the t'tate Council. Sec. 4. The County Councils shall have pover under io:d subject to the constitution and rules of tbe State Council, to fix tne time for holding all elections for Na tional, State. District, and county offices, and delegates to tbe State Council. See. 6. ? The delegates to County Councils shall be tbe return Judges for t'peir respective councils, and all returns (or national, State, district or county officers aad delegates to the State council, shall be mile to tlie county councils, and tbe I'resilent ot said County Coun cil eball make return (or the national and State officers u o delegates to the State Council. Sec. 6 ? Wl>en any Congressional, Senatorial, Repre sentative, judicial o. Jelngite district '.hall b? composed of two or more counties, it shall be tbe duty of the Coun ty Councils to appoint conferees, to meet at some con venient place to ascertain tbe number of votes given in mud districts for tbe several candidates, and report the tame to their respective councils. Sec. 7.? Tbat no pe. son be voted tor by members of the organization for uny office, unless the candidates shall present to the body having jurisdiction a certificate of membership from the council of which he is a mbmber, signed by the officers ot suid council, and alio Oy tbe can didate soliciting tlie.r votes. Alinrui iv. Sec. 1. The State Council shall, in all case*, be the judge of the qualification* of its own members. It shall alec have power to enact its own lawn; to try all appeals from the decision* of Subordinate Councils or their offi cers; to establish such const tution. lews, rules and re gulations, and to do such other acts as it may deem to be essential to the weliare of the order, and the unifor mity of the council under it ; jurisdiction, prDvlded al ways tbat in making laws for the punishment of of tences, it shall make ocjexposl facto law, and that it* var ious enactments aha II coutorin to '.h? constitution of the Nation. I Council ot the Cnited States. Met. 2 The officers of the Stale Council shall consist of a V., V I'., J., 8., T., M., and an I and 0. S. See 'J. Iheofliereof the Subordinate Come. Is shall be a P., V. P., J., s.. T.. M.,and an 1 and 0. S. Sec. 4. The duty of the several officer* created by the constitution shall be such as tbe work of this organiza tion pres'-ribeis Sec. 6. The officer* of tbe State Council shall be elected at ita stated meeting in September of each and every ' ?c. 6. The regular sessions of this Council shall be held on the first Tu'sdav of Marsh aod September, at 10 o'clock A M. Sftecial meetings shiill be .sailed by the President, on the wrr ten requeit of ten delegate* repre senting two ditlercat delegate distriot*. Sec. 7 In ca'e of a vacancy occurring in the State Council, by death or resignation, a new election shall be held to supply such va -incy, provided the Suboidi nate Council* stall have a', least ten 'lays noti.-e of such election from the proper boi'y. No sub'titute shall b? admitted. ARTICI.E v. Sec. 1. All officers pruvided.b.v this constitution (except tbe 8. '*) shall tie elected by bsllot rhe presiding offi cer may appoint S. 'a tiom time to time provided, however, ttat no one shall be appointed for a longer term than that of the presiding officer elect Sec. 2. A majority of tbe votes cast shall be requisite to an election 'o any office in the State Council; and all officers and delegates must be full degree members. 8ec. 3. All ofiic.-rs of the SutKinm >te Cornell, as well as the delegates to the State Cornell, *nd tbe County Councils, shall be chosen by ballot annually, by ihe members present, at the first regular meeting in August, and tbe officers shall be elected as soon thereafter as practicable. ?ARTICIB vi. See. 1. The name of tbe person offered for member ebip mult be proposed in open Council, recorded and reierred to a committee o( three members, (always ex cepting the propo-er,) for investigation, woo irny report forthwith it expedient, when the Council shali pro eed to ballot or vote, and if five black balls or votes appear against him, he shall be rejected: if he shall lie declared duly elected, but shall not be initiated until Ihe next meeting after his election as a member; pro vided the Subordinate Council m the county, may ele t and initiate, on tbe same evening, peisons with n their jurisdiction, residing three miles dii.tant from their place of meeting. Sec. 2. A brother, to obtain the second degree of th!s Order, must have been proved worthy, and been a first degree member three weeks, and have applied for it in open count il ooe week prto. to taking It, all applications mast be referred to a < ummittee of thrc members of tbe second degree, who sball report thereon at the next meeting, and thereupon tbe second degree council (ball proceed to ballot or vote, and il three black b ills or votes appear against the applicant, he shall be rejected; If otherwise, he shall be declared duly else tel. All bro thers upon taking the second or third degr-es shall pay such fees as may be determined upon by the Subordinate Council. A per od of tlree months shall elapse between the ta king ol the second third degrees. 8ec 3 Any person who may have besn rejected, m?y, after the expiration of tnre- months, be again proposed for membership. AKTIfLS iu Sec. 1 Each Sul irdlnate Council sball he required to make to the Secretary of tbe "tate Council, on or before the first day of the months of March and September, a return of the number ol Its members; also, the number ? f members in. tinted in tbe previous term. Alao, the re jections of candidates for admisaion. Sec. 2 Subordinate Conncils shall raske their own by laws, which shall be subject to tbe approval of tne County Councils. Sec. X All applications for warrants of dispensation to form new councils must be made in writing, and signed by all applicants , not to bo less thao nine in number; the same to lie presented to tbe I'resident of the County ? ouncils, and by him transmitted u> the officers of the Stat* Council. Sec 4. The jurisdiction of a coun 'll shall only extenl 1' the township, rr ward in which it is situated; and hereafter no council shall be instituted iti aor ward or township In which a ccuncll now exists; and the Presi dent of any council initiating persons residing without tbe jurisdiction of tbe same, shall he expeiloil by the Caunty Council en proof thereof. ARTICMt ^ in. fVc. 1. Any mamb?r knowingly rlolatinc any portion ?f bm obligation of thi* Constitution. ?hall iw "aipallad, ?nd anflar mcb othar mini?hnent ?? may bo datarmmrd ? poa by tha council of which he I* a m?mb?r. 8m. '1 No brother <h?ll b* <*-u ?n -f?ii 4ti?p<*n ta<l or ?apallad by a Pubordinat# i^uaril, nnle?? a mi.iortty of *11 pmnt, entitled to Tote, *hall vote in the (flrMtlN f?e. 3. Wlienaaer a new council may be organized in my city. town, trwnabip, ward or allotted <tt?tr|.-t, It ball be iscuntxnt on any member of any cnuncl. re idtaf within the boundary of aaid new rouncil. to make i ??mediate application for a <-?rtiflcaie o; di?m:??ion from bia old eou?eil. and for admi??lon to the new, lin ger penalty of e*|.ul?ion from thi order for ? refusal or omMton ao to <lo. And upon tba presentation of mirh eertiScata. tba aaid applicant (ball be a<lmittad to mam bemhlp in tba naw council wlthont ballot. flac. 4. Members Of tha Subordinate Councils shall ba a?M*aed four .-enta par annum, to rlafray tha e\|.en? ? of tha National Council, and two -en's per annum lor . tba expenses of tha Ptata Council : tha nu?her of tha wi^icharn to ba determined by tba return mada to tha Secretary of tha State Council, preeiou* to th? Captain bar sees ion of tha ?t*te Council. Aimruitx. flto. 1. Thia constitution ?b?ll take elleet immediately. 8ac 2. Tba H*ate <'ounc! may altar or am*nd thia eoMtltntioa at any meeting by a two. third* rota of tba members pra?ant. at which at leaet ona half of tba del# patee aba.l ba ? raw nt. 1. Th?r? shall ba constituted for tba ^tata a*. I* r^-a a bo d* to fca called ' Tba Janata of tha Order," to consiat ! ?f thirty- thm memlera 2. Tba Senator* of tba Orler aball ba aWtad by tha CouncJs of tfee Order in tba re*re.-ti?e >-?naiorial dia ? tr-cta of tba Co??-onwea)th, on tba flr*t Monday of fab- l rury in ear b year, in *u?b nuw m tba aouaoill of ,utb reeyacUyi ditfpfta shall prescribe, and each *?o* | I Untal catriet shO ?o?fcet *f Senators m the people ?* inch district eliet to the Senate ?r^ Common wtoltk. And the bm ?tori 10 elected shall hoM their *fcce untO tbe ^JS?5_ Xl the Order for Bettor., or until their ?uccesaors shall bo elected. , . meetlac 3. Tho Senate of the Order shall bold it. Brjtme?ng at the city ol Philadelphia, on the second Ta*d?y ? n jyrws&tjtsv rr "* S,3^SSSss?8rSSsS sgiS^SsHg' ? senate of the Order, who. Having ascertained by ?J^pSrifessaasK atte^.CTtt'sKMCsas "'^Tho name of a pewon, not a member of the Order and in cood standing, shall not be submitted to be voted to,?SL; and the names of aU candidates sub mitted inuit be accompanied by their residence, and the number of tbe council to which they belong. 6 It shall be tbe duty of tbe Senate of the Orcer, frem time to time, to give to tho respective Councils of tbe Order, information on ?uch subjects or events as may be conducive to the general welfare, or tend to sup port tbe constitutional laws of the country. We propose the following as an amendment ol sec. l, Article m. of tbe Constitution of the State Council of 1 "the* State11 Council shall be composed of one delegats from each Subordinate Couucil, duly elected at some re gular meeting held at least thirty days Before the meet ing of the State Council, and duly certified; Provided, That any two or more councils may unite in sending toe name delegate, who shall, when a vote U taken tyrant, or by yeas and nays, if previously called for, have a vote fcr each council be represents Resolved, That hereafter no joint committee from .be different Subordinate Councils of any district shall be ap pointed without tbe consent of the County Ooun< cils. Resolved, That until after tbe election of the County Councils, a? provided in tho constitution, the executive committee of the different counties shall continue to set and perform tbe duties and have aU tbe powers of said C?Resolveil. Tbst each executive committee shall imme diately report to the Secretary of the State Council tbe name and address of their chairman. Okkic* ok thkS. C., ok Pbvna. \ I'iolada., Jan. 12, 1855. j KKS0LCT10N8 AND DECISIONS OF THE STATE COUNCIL. ADOITKI) at Till: bkhbion map Jn the city cj Philadelphia, Oct. 3, 1S64 AND In the city ij' I'itUburg, Jan. 3,1856. | Published in compliance with the following Reeolved, That all resolutions and decisions of this S. C , affecting the interest and action of the Subordinate Councils, be printed in pamphlet form and sent to each Subordinate Council by tbe Secretary. RM01.TH0N8 AND DKC1XI0NS. Resolved, That when deemed necessary, the President of each Subordinate Council is hereby authorized to in stitute an additional pass word, to be used by the mem berthip of his particular council, and also, when deemed necessary, to suspend entirely the visiting of brothers from other councils. ^ ? , . . Resolved, That all councils now established or here after instituted under the jurisdiction of this State Coun cil, are required to send a list of their delegates, and number of tbeir members, to tbe Secretary of this Bute Council, attested by their president and secretary, at least four wteks previous to its quarterly sescion; Pro vided, such council shall have been instituted such leEgth of time before said quarterly session, and in suon case the council shall report ?? soon as instituted; and, turtber, it shall be the duty of the Secretary of the State Council to communicate to the President o: the -ubordi nate Council, immediately after be shall have received their report of the placo of meeting of the State Couu -U, and the password, whereby the delegates are to wuri their way into said council. The following is the form for return of delegates to tbe Secretary of State Council: ? , , , No Council Name of place and da.e. Ward ortownstiip. No. members. .? ti.i. This is to certify, that at a meeting of this Council, the fallowing brothers were elected delegates to tbe State council: ? President lor 1 year. ?i ?' 3 ? Py order of the Council. President. Altes' Secretary. Resolved, It shall be the duty of tbe Secretary o' the Subordinate Councils to report to the ^ Secretary cf the State Council tbe name and residence of the officers ana delegates thereof, immediatsly^iter aneloi.ion thereior also tbe term for which said officers and delegates were elected; and no delegate4shall be admitted to the sess otis of tbe State Council whose came and rcsiden .e has not been previously reported to the secretary of State Ccun cil and entered upon the roll. ^ And that hereafter, before any delegate be admitted to a seat in tbe Sta e Council be shall produce a written cer tificate of his election, and the Secretary of the State Council is hereby directed to procure a seal, whi.h lie shall impress on all su :h certificates to be used by the members, at tfcpy apply for admission to the -tat" Coun cil during 1U sittlogi. Jangarv 3. 18i >. R< solved, Tbat hereafter no nominee of a political. par 1 v shall be eligible to membership in this Order . R? solved, lhat the President ol tbe S. C. have autho rity to grant dispensations to initiate upon appli cation be ng saade by a vote of any co in, provi ding three-fourths of tbe members present, if such eouo cil vote lor said app?ication, and in tbe judgment o? tne president it will not interfere with the good work and prosperity of the order. Resolved, Tbat the delegates to the S. C. be artho rlced to set as aa executive committee in their respec I tive counties, to transact ths business of the same; and when two or more counties are united in one Representa tive or riongrossinnai distiict, to elect three or their number to act jointly as an executive committee in said ; dl Reserved, Tbat the State Council prohibit the pubiica ! tioii of soy matter other than that absolutely netes??ry , . for tne convenience of "-ouncils. January 3, loss. 1 inr following questions were propounded, and tbc subjoined decisions made thereon: ? (jt'omoM ? Muh* all who were received under the old working*, ha\e the no* obiiiratioa administered to them * Dtrisiu* ? No. Qdtyno.N ? It it not suflicicnt where member* have had the old obligation administered to them, and who *ub ecrib* t<> the constitution, and are willing to live up to the requirements of the new ritual, without having to take another obligation V Dntltao.l ? Only for the 11 ret degree. QrnKiio* ? Are we privileged to electioneer for oar ticket on election day f Iikimo ? Yen; but not an an acknowledged Know Nothing ticket. Qi l?tJ0N? ("an we give ticket* to men in whom we have confidence, who pledge to us theif honor to vote them, without looking at them t Dscmos ? Yes. Qi wtiox ? Are the members of a council, having had no voico'in the nomination of the Stat* tieket, bound to vote for tbe nominees of thi< Order now mad* ' Dki'ision ? That every membsr cf the Order, la this State, is bound to vote for the Ptat* txkatas nominated. ynmno*. ? Hate a nomber of delegates in a ("ongrt-s sional district, aright to make a nomination which will be binding on the whole Order, without all the council" of said district being represerrrd in said convention, or at least having due notice thereof ? Dn isio.m.? No. Qckhtio*. ? The ritual declares that no jiereon can com municate the Dtme of the Order except the President. Now, in the abtence of tbe President, doe- the right to communicate r*st with tbe Vic*- 1'reeidenl in common with the other powers of tbe President. In other words, can the Vice President conduct second degree initia tions ? Dixit io?).? Tea. Qrwno* ? In a Senatorial district composed of two counties, where there are two candidates, one a member and tbe other not, and no action is talten by tie Order, are tbe members pound to v?,te for the candidate belong ing to the Order ? DwiMov-^Yes. QOTKtlo*. ? ("an a member of this Order adm!t when asked whether he i? a member of this association t Dm-imo*. ? No, not to outsiders. (jmwx.- Were the resolution* transmitted to the ?u bordinat* Omnclls, r-oenpellingthem to expel all members who neglect or refuse to support th* State ticket, a? set tled, intended only lor the approaching campaign, and a it understood that those who frum conscientious scruples decline giving their support t> the en'irc ticket, can be retained a* m?mt.*r?. provided their reasons be deemed sufficient by the council of wliich they are mem bert* Pwrtaiov.? It was intendel for all future e'eetlins; if a member ranno". . ooaden'Jonsly vote ior the n< min*e of the Order, bia only alternative is to withdraw from th* Or'er Qrmi?*. ? Are tbe members of a oim-il bnnad to support a candidate nom natej by a convention of dele gates to wh -h ?aid co-in'-il if not represented, and of which it had ao notice' |i?i*k>v.? No. yrwnoi ? Can a member of this Order, in a district where the Order have formed a ticket, electioneer for persons not en the ticket of the Order. Dttamo *. ? No. WrwTio* ? lines the action of tbi* ?tate Council, in re gard t" electioneering a ticket other than the council tick et, mean that a member uf this organisation is liable to eipuleion for complying with tn* requent of a friend or neighbor in handing him a whig or a dem*cratia tieket ' Dmno.s ? Yes, I doae with tb* intention of increas ing tb* vote ?f th* wliig ?r democratic parti**. W In tb* ia often di#r ilt to get persons who bsve been elected to th* council room, without saying more to them than is prudent: I a*k, would it b* proper for a country council to appo nt a suitable number of person* who may administer the first oath at any proper time and placet p? won.? If the person* nave been elected to mem bership in the erder, it would. Qt sFTK).*.? ? ao tbe lT**xieot of a rub council rvfo** tb* password to. a member of hia council of who** fide lity to tb* ord*r b* ba* a doubt? |i?< ?wc? ? That ia to bo l*ft to tb* discretion of tho roaacil itawlf. OrwmoJi? In caa* a pereoa baring been reacted m tb* tvmmctl of big own deetrict, ia iaiuat*d mto tb* ortor ia Mother council, and the WW.CQ the* rejeeted him doC ftes the neighboring eou.jOl toiSMSwi as . member of the order, shaP,^^ be boud to do Mf imciBioN? Tee. Qrwno.v? Cm>-? President of ? Subordinate CouneU administer the oa?,j of the second degree to a member of hie council w ao has token tbe first dogroe, before laid President wr^ ?}ected, and said President knowing laid member t<^ be a perjurer ? Piov>w_eertoinly not. QCdmoit? Has one council in a district a right to biod i'j bwn members without a vote of tbe whole order of the district, according to the constitution ? Hkwiok? Yes.lf there is no general action. Vuwsnos? Is a pert on from abroad, of American pa rent!, who are temporarily in a foreign country, eligible to become a member of this order ? Picnto*? Yea. Qcwrox. ? If a Council baa been Instituted by the pro per authorities from another 8tate, previous to the Con lolidation at Columbia, and paid the fees required, are they compelled to pay to this Council $6 for a charter? Pkcimok.? No. Qcwnow.? Are second degree members of the old or ganization eligible at once to the second degree, as con solidated on tbe 14th of July, at Columbia? Dacuflox.? Yeg VvKKTioit.? Have tbe officers or members of one coun cil tbe right to decide upon the legality of any member of another council)' PKC1810.N.? No. (irwrioa.? Can a council which bag not paid the fee of *6 due the S. C., receive a charter? IrtcciPiox. ?No. Qt'SbTio.i.? When an illegal council is established In ny county, is it not the duty of the delegates in said county, who are alone empowered to organize councils n (-aid county, to proceed forthwith and establish a legal council in i>ald county, that may elect legal officers, and legal delegates? Daemon. ? Yes. (JitStion? Has a delegate from one county the right 1o organize a new council in another county, where there is a regularly organized committee for that pur pose? Pwimon? No. (jcEsnoN? If the person or persons who announce to tbe various councils of the county or district organisa tion, the names of those members who are caodidares before it for nomination to office, omit tbe name of any brother who is a candidate, would the nomination for tbe office for which he is a candidate, under such cir cumstances, be legal or binding on the members of the Order? Dfcibjoh? It would not release them from obligation to vote for tbe nominee. Qvkstio.n ? Have Presidents of Subordinate Councils the authority to institute subordinate councils? Dbcjmow? No. Qth-tio.n? Has a temporary President the right to confer the second degree in the absence of tbe President and Vice President? Dfcimon ? Ye*. Qcktion? Is it proper for a council to initiate a per son as a member who resides in another State, where there is an organization? PlClalOK? No. QrisnoN ? Has any Subordinate Council tbe right to confer tbe second degree on any new member, by reso lution, in a shorter time than prescribed by the consti tution? If a Subordinate should do so, would it be binding on the members if such person should be a candidate for office ? PtciaiON? It would be a violation of the constitution ? The following is tbe form of an application for a war rant of dispensation: ? APPLICATION FOK A WARRANT OF DISPENSATION. To Hit S. C., of PeniuylMnia : ? We, the un-tersigned, members of the 2d?, being de sirous of extending the usefulness and influence of oar organisation, do hereby ask for a Warrant of Dispensa t'on, to institute and organ. ?.e uh as a Subordinate Branch of the Order to be known and hailed A. C. No. ? To be located in County, State of . And we do hereby pledge ourselves to be govemtd by tbe rules and usages o. the order. Dated Names Residences To be signed by nine 24 o members. Adopt*!, Oct. 4, 1854. P.esolved, That the by-laws of Subordinate Councils be hereafter referred to the officers of the State Council for approval . hesolved, That our Senators and Representatives in the State legislature be requested to introduce a bill, and urge tbe passage of tbe same, for the purpose of pre venting the organization or military companiei composed of foreigners, and also disbanding all such companies as are already organized and compelling them to surrender tbe arms in their )>ossession to tbe State authorities, and tbat the Secretary be directed to inform tbe members of tbe legislature, who are members of this Order. of the passage of this resolution. Resolved, Tliat tbe members of the Legislature, who are members of this Order, be and they are hereby re quested to use their influence in favor of such a change in our present laws as will abolish the Board of Canal Commissioners an now established Resolved, Tbat no person be presented for the votes of the members of this Order, unless there be a positive cer tificate of b s membership, signed by the President and Secretary of the Council of which be is a member, and also his signature appended. Tbe following questions were propounded, and the subjoined decisions made thereon. KiRfT. ? Have the Subordinate Councils of the city of Philadelphia the right to appoint joint committees from their councils for any purpose wnich may require the jtint action of saidTcouncils. IHri.-ioN. ? That all Subordinate Councils have the right to appoint joint ot separate committees for any purpoie whatever, provided, their action do not conflict with the function of tbe Executive Committee, which has exclusive control over a) matters appertaining to elt ct ions. Sxcond. ? If it be found inconvenient to bold a council always at the same plsce in a townehij, would it be a violation of its charter to remove it from place to place in the same township, at tbe will of tbe council ? Diokion ?No. Third.? Can the Subordinate Councils have the consti tution and by-laws printed and bound in a book, and give a copy to each number of the council, if not both, can the by-laws be distributed among its members? Bacnao*. ? No. But any mem tier in gool sianding, when in council, may have access to tbe constitution, ritual and by laws for information. Fourth.? is it advisable for this Council to take auy action, so as to effect a fusion of this Order with another somewhat similar order, rolled by tbe name *' Shanghai." Decision ? Yes, if their principles aud objects are similar to those of this Order. Fnm.? Is it proper and const tutlonal to nominate for any office, by Delegate Convention, In any ward or dis trict where an election is to tie held? Djcihon ? No. All nominations are required to be made by tbe pnpular vote ot Councils in sueh district. Sixth. ? In tbe last election, Where no nomination* were made by tbe Order, and two persons were running for tbe same office, one a member of tbe Order and tbe other not, had brothers of the Order a right to elect on - eer agsinit such brother; and in case they did and hail not the right, what now is the duty of the subordinate Council to which such brothers belong ? l>ErisioN.? Such action is a violation of the obliga tion. Skvrnth.? Can any subordinate Council in tbe city of Philadelphia, through its officers, or by its own action, initiate a person into this Order the same day or night be was proposed ? Dkcimon .?No. . Fjiihtii.? If a membrrnf a subordinate Council shall throw bis vote for any other than the candidate of tbe majority of such Council, should be be expelled, and if so, by what majority, and for violation of what law or obligation ? Dvcimon ?He xhonld be expelled as having violated his obligation : the majority controls the actun of all councils. Nijrnt ? Does the obligations of the Order compel a member of tbe Legislature to vote for members of the Order in preference to those who are not, and In the event of such member voting for a person not a member of the Order where there is a candidate a member of the Order, would it be a good giound for his expulsion by tbe subordinate council)1 Dtt imon. ? Yes. Hecause to do so would be a v'olation of bis obligation T> nth.? in tbe resolution explanatory of the ritual Tinted in connection with the constitution, what body s referred to as having jurisdiction or the ticket? Din max.? The Executive or i 'ounty Committee of the district. Elkmcnth ? Is a person who may have been initiated in another State, and who has not applied for a discharge from the council in which he was initiated, to tbe one heated m his own ward, township or district in his own State, within the time prescribed by the constitution of our t. eligible to membership, if he presents his card alter that time has expired.' Disunion ?No. TwmTu. ? When a resident within the jurisdict.on of a subordinste council asks membership by virtue of ini tiation in another Stats, who has tbe powur to determ ine his right? Dwisio.n. ? Tbe council of which he asks to become a member, or the county or city executive committee on appeal. iiiiRTKXNTD. ? fan a ballot, in regard to the admission of a member to thin order, be .reconsidered or again a:ted on until after tbe lapse of the time pres:rlbeu by ' the constttut on I Decision ? No. (?Vn'RTKKNTti ? If a subordinate council expels a mem her for an act of insubonl. nation, is said council bound to circulate the name of said member throughout the Slater1 I>*< HOC*.? Yes. Futkkhth ? II a member of a subordinate council should be elected a delegate U> tbe State Council, and, at a subsequent period, should be called by business to reside a pert el tbe time at a distance irom his council, ran be still act as delegate, provided be still retains his connection with tbe council by which he was elected? ItHUOH ? If lie ba? not lost his residence in the elec. tlon d strict where his council is located, he would be entitled to his seat. You are hereby notified, by direction of the President I of the National Council, that C. K liarrisou, H. H. Doty, H. 9. Gates, JotnG. Banter, Jacob It. Moore, William M. Johnson, and J H. Parkltt. 'have been rejected by tbe ? ouncils cl San Francisco, California, and you are par- ! ticnlsrly requested to be on yonr guard, in case they are propose.: n your Onun il. not to initiate them Extraot from tl,? m nutes Attested ? T. I,. GIFVORD, Se-retnry. Bust of Washington, and | "Strietlv Confidential." eagle pe?ke<! upon the 1 New York, Jan. 1W>4. coils of a serpent, the ser- | pent resting upon the vol. v To our Brethren in all of Constitution, an un I the fetate* and Terr to knewn hand supporting I ries of our common tbe stars am! strij e? j country. A most tbrlllingly interesting publication is about to appear in New York, which we earnestly and cordially c< mmetitf to yonr attention. In cur judgment no work has been published in America so well calculated to illuminate tbe popular or inspire so deep and lasting a love of on* country. It is en li ued " Ftanlx pe I'urteigh,'' the Jeenita in cur Hemes. A Tale. By Hsten Dbn. Il Is not only a fascinating and powerfully written r manse, Nit it fires what we believe to tw afatthfu) i hlatory of the rim, pregreea, intrigues, and cr.o? of U? deadly >7<t?i Of JMuitlwn and priestcraft which i* poisoning our home* and corrupting our politic* and in stitution*. It* revelation* arc too atartling to be be lieved by the masse* of readers, if they appeared as kinple history; hence It haa been deemed beat to throw them Into the form of a dramatic novel. It haa been conceived and written in the ?pirit of re publicanism, and i* full of geniu* and patriotic fire. It will be printed and circulated by our friend*, and in our own war. The public will have no knowledge of it until it ha* already been placed in the hand* of on r brethren in every State. Thia work ahould not only be read by every ramly friend of the great movement now in progreea, which i* tp redeem our beloved country, but it should go into ?very American home, for our mothera, our wives, our ?iitera and our daughter*, that they may guard againat thoee *ubtle inflneneea which have desolated ao many home*, and broken ao many heart#? and tbua they will the more earnestly co-operate with the friends of free inatitntion*. We make thia appeal to our brethren, because we frel confident we ax* driving an American work, in asking yonr early and eapeclal attention to a publication which promise* to be powerful Inarouaing the jealoua vigilance of American freemen. JAMES W. BARKER, New York. Jacob BROOM, Pennsylvania. CHA8. D. DESHLiJB, New Jeraey. A. B. ELY, Massachusetts. HENRY V. LOVELL, New York. 1 have read most of thia work, aud cordially concur in recemmending it to the attention of Americans. SIMEON BALDWIN, New York. I also agree with the above. FREDERICK M. BUTLER, New York. AN OPEN NATIONAL AMERICAN CONVENTION ? ITS OB A^e^ndJ^ ? D4tio"1 P^orm of a^w^awjwaa.^.ssa t?inb(LT!,, ?r<J "" < h"e exerted Powerful influ ences in the development of our principles and created XtttSth1111""1 p? ~?K ,0 accelerated the progTeM of our glorioui Ameri! can cause, cannot be denied. But are not these admin wmeeiSnfthe411^0*"0^8 Wuich counterbalance, to 5 . ' VLlg4ted re,ttlt8 achieved? Was it the Arl f^ He',lgn,0f "ecret orders ? was it, if you please ???, I!fn 0f the honest, unsophisticated 5 5^ ??"?" orders, to usurp literally the franchisee ttau f0p*n ?*P*rican P?rty? dictate nomina. . 0,06 tlle o^ guard outside Americans W? W "0?in?tion. so made, or losetheTrvo"" orilnl ? origin*J 'ftwUon of the honest mass of the elrren'v<ar?>0?t?^iri! ??*n American organization of J'*r" 'tending, to support the nominees of the ri^trfn^TCratJcpartlea' ?' ^e sacrifice of ou r ime ncaii principal and part,y Was it intended, orfginll?y mlnrna f! VMVn*J?i?e"> in the dark, for old party no W?. 'it thf n(?rni'Vr *? "" edict ?r the order? tic ?/ gm!fpurP0He of the earnest and patrio izatton Ju! ^^^i5meAhoDored' OP*" American organ nation, who bad been attracted to the secret nr.Ur JL ?"? for the /air, old fashioned, open rep'ub "Si 1.? J f non"n?-ions, the ''boosting up>> and tenant,? hv 7h ' "J"1*? of tactics, practised and coun self-constituted leaders of the orders as siKrtSKsv ?????' ???? r?I?~?^l!!0liti9I,.,D.a7 ^ BUte<1 thus? although not so eleven <??..? hitherto as now? virtually, for at n??^ ?J;U J*"'< ">cre hM as is the case co^ntV^ m A??tme ?nC?f Political issue before the T^ rl' . American P?rt7 gainst a foreign party. fll a word, should not the American nartv in ininm fnd?" f^.P""1" baEnerB fearlessly to the breeze ami everjToffice? 0penl7 BSke ,ta ?WD flirtW t.ctioLrerandfn0^r\heterOKM,eOOS &D(1 ??n" ..SSSJT^ ?~h?. T"' freemen, when the necessity for P^i L fX 7lXI', '0,n luhe "Pre,ld of ourprin K.,'7. triumphs, bow down and bend tn a *? ?C*'Pt'i of ""cret orders ? ,in.^ *e ?o1'' an American State Convention at Harris Tinf/nn ? n d#,eK?tes to a National American t?n XSSXr** W" ,or not' Americans of the '-0?d a5K?? Sssssjs&ja - f. SKKN SMITH, Chairman Am. State Ex've Com. ^aaSSS^-^'aswss the ^ beco???? proper Tor me to say that well as VaiW.H?- The diKoitT and hon?, ? SSv=r as -sd i.u h?ve the honor to be JOH.V TY LER, JR. ' Brigadier General Elect, Second Brigade. Court or tieneral Session*. Before Hon. Judge Stuart. THK CASE OP JOHN B. HOLMRfl. Km. 12.? In the case of John B. Holmes, indicted for t >e homic'de of the policeman Gourlay, Mr. Jonas B. l> mips moved for a postponement of the trial, on the ground that the defendant was assaulted and beaten so "everely a slung .'ot, on Friday night last, that he w" ?Mn i""1 10 hi* ^ and unable to attend In court. ! Mr. Phillip, read affidavit* to prove that bis statement* ;r, "d tbe DiB,rict Attorney, believing that the application for a postponement Was made in good faith consented that the case should be fixed for the third Wednesday of tbe term. TH* TITmiOL MAN. '^r *,^7? Gr%'' kD?WD ?" the Attorn* dl??harged, the District Attorney being satisfied, after close Inquiry, that the prisoner was iosaoe. grind labcbnv. John Little and Edward Finley were indicted for tealing a sewing machine of the value of flfty dollars, from John W. Martin, N?. 15o Chatham square, on the 20th of January last. The prison JordrMeh?.rt!CtT1 *nd *rr*,t,Ki b' oncers Pollard and Tf, ?' *? t0 -1' tht n-^lne ? "econdh.n l clothing store in Orange street. Being unable t,, account n . ? , MANSLAPOHTER. Dennis Carrlg was indicted for the homicide of IWh Hagan, an emigrant runner on the 1^ "th J L * DBhup 116 found prihoner aod decean^d usinr violent UnjcuHjre towardii fach oth??r thi? lutUr Sriif wK T6r to ^t; decta^i then tried to kiTk nlng and peo^e following^ ?o?hU?k- r h"' fftfS?SnZ,,tSS Th'.f.mTrZu' '& id tne head I ternard Hacran testifie?l that Ma br '1"d 00 Saturday, the l?th of December' Dr. I^rby, hou?e surgeon of the New York Hauni-.i' Numerous witnesses were examined liv Mr II 1 rn? erD.^vi:;;lev,r% E"*n ^n'c"Br.i,Jof rteprW &T.un^wt^n\i cart h'ire'lV "th b*r and took her bagifig^"^ ? ?1 the purpose. During his ?b<?n^e ^Te -eas iVfrjatSSs Err s S?astes sweauas *? ~ w r, ")! jShnOSv^jf* t"" 10 the blow' (r"'" 7?U .tietihaf.17, ". ? *" ,l1*0 at the f,x,t of Chambers r t Ihut fffniDf, to receive thp !*?? . ;'z? The court then adjournal. reserve?. Fin* IN W A I, POLE, N. H ? A coi red indent of tl.e Boston Journal sajs that a fire occurred In that village < n tbe night of February 7th. br whieh three buil<iiegi were burnt. They consisted of two stores, occupied severally by Wells k Aldrich. dry poods dealers, and KdwardCrosly, druggist; (J Miller k .Kon also r? copied the back part of one of tl>e stores as a shoe shop) ; ana a dwelling house la whieh Thomas C Ball resided n>e goods were nearly all saved from the stores, nut a ereat part of Mr. Ball'* f?n?ure was burned. The T< flowing, as near ae 1 can aeeeltartf. la the Insurance ? Welle k Aldrlrh. insured ?*> their roo<)*, M, 000; K/l waid ?'reely. msuiwd $1,000; J. Miller k Son, $1,.'00. Mr. Bell waa net lasored. Mr. Lewis, also, a tailor, who lived in th* eerond story of oM of tfc* store*, lost nearly all Mia feraHnre? no ioewraaee. Tbe ba M egs were valued at aheat ?6,COO? inenied Th? llrilrMl ?maargo In ""nifc MOM BKOV-UIH TO III M1D8 AMD TO TBI CITY or CH1CAOO. [From the Chioago Press, Fob. 7 ] At tbe commencement of tbe late aerie* or rtonjM, Mid the consequent blowing op of railrcad*, the chief inconvenience felt by the companies an! the public re ?ulted mostly fro? the interruption of travel ana the delay of the mails, which, it tu hoped, would be reme died in a few day* at DOit. But the evil hM continue 1 beyond all anticipation. We are now in the third week of the embargo, end during most of tbU time railroad communication with our city has been nearly cut off on the north, we*t and *outb. The Chicago and Milwaukee, Illinois and WUoonsin, Chicago and Galena, and the Chicago and Rock 1 aland railroad*, are now open; but tbe Dixon Air Line, the Chicago and Aurora, the Chicago and Mississippi, and the Chicago Branch of the Illinois Central, road* remain Impassable? not a train having passed over the entire line of either since the eommsnoe ment of the storm. Our communication with the East may be said to have been open moot of thia period for mail and passenger trains; but very few freight train* have named ovtr the two road* in tbtf direction; and, to far aa heavy freight 1* concerned, business with the East has been nearly iu upended Such is a briel state ment of the railroad blockade to which we have been ?objected. . The los* to the railroad companies centering in our city has been very serious . If reckoned by time alone, It would amoont to aboutfour per cent upon the entire business of the year; but at the obstruction* have oc curred at a Reason when business ia n*uaily lass active, tie estimate may prove a little too high, aa we trust it will. But the loss sustained by the csmpanies, in damages to locomotive* and cars, will add very camsiderably to their aggregate loss. Some of the cars, as we have already stated, have been cut up bodily for firewood to keep the passengers from freezing, and frequent collisions with snow banks] have rendered repairs to many others ne cessary. The damnge to the locomotives will be much more considerable. There is hardly one upon the block aded roads in the State that will not require to be taken into the machine shop fcr repeairs to a greater or less extent. The chief Injury has resulted from the treezing of water in their boilers, by which valves were bursted, and other portions of tne machinery damaged. Expos ure to the weather alone will be no slight damage to tbem, and a large number must be still buried in snow banks upon the various roads in the State. We heard of seven, a day or two ain:e, in thrs predica ment upon the Chicago branch of the Central alone. They will, of coarse, be badly rusted when they como out, il they should not be otherwise iniured. To these losses must be added the cost to which the companion have been subjected by the employment of a large num ber of men to clear the tracka, amounting to hundreds in some Instances upon a single road.and who have often been engaged for several days together, it having been necessary to do the work over and over again. We r-hall not undertake to make an estimate of all these aggre gate losses to our railroad companies. The facts above stated will enable our readers to make an approximate estimate lor themselves. In tbis connection it is proper to speak of the em ployeH upon the roads, who, if thev have not sullei ed pecuniarily to any great extent, have hazarded their healtn, and even their lives in the heroic discharge of duty. Day and night they have been found at their posts. braving the fnry of the fiercest storms: many have had their hands and feet fro/.en, and thereby been temporarily disabled, and all have had their powers of endurance pretty thoroughly tested. It now comes in order to speak of the injury which the business of our city has suffered by these protracted railroad obstructions. As compared with (ormer activi ty, business has oome almost to a stand-still. Merchants and bankers alike complain of the difficulty of obtain ing remittances from the country, with which to meet their engagements and accommodate their customers. A dearth of currency in the usual channels, of course leads to stagnation in all departments of business and In dustry. But even money cannot be used to advantage while this state of things continues. We are credibly informed that a large nnmber of packages of mooev now He idle in the express offices here, transmitted to our commission merchants ror the purchase of produce on eastern account, but which they ret use to take out while the present obtUcles in the way of purchase and ship ment remain. But little produce ran reach us from any quarter, and the cbancea for forwarding eastward are too uncertain to be relied upon with any confidence. A friend of ours is now in this city from New York, commissioned to buy 4,000 hogs, alther dressed or alive, for that market; but for the present he can do nothing. This transaction alone would distribute some *40,000 through the community. The movements of scores, if not bundiedB ot others, are no doubt similarly restrained by the continuance of the embargo. When we shall be relieved from these embarrassments still remains a pro blem. We learn that the snow upon the prairies yester day was dri.ting as freely as ever, and last night a iresli instalment of snow was falling, apparently the com mencement of a storm . There is one consolation in the midst of our trouble, which is, that winters as severe as the present do not often visit us, and in ordinary seasons our railroads will not be obstructed by snow. In 18.10 we had what was called " the deep snow, " causing, wh<-n it melted, an extraordinary flood in the Illinois, the marks of wbi 'h were visible high up on the trees for years afterwards. In 1840 we had a winter very similar to the present, which continued so far into the spring that thousands of cattle died from starvation In Northern nhnois, Wiscon sin and Indiana. The next aevere winter waa that of 1840, which will be ireah in the lememhrance of mnny of our citizens. During that winter, however, the snow was so intermingled with rain that there would have been so difficulty In keeping a railroad track clear, had any at the time existed here. Il a little tain had fallen during the present series of snow storms, sufficient to give the snow a crust upon the surface, but compara tively little difficulty would have been experienced in the running of trains. All things considered, the present winter is unexampled in the history of this region for the last twenty year*, and we trust it will not tie paralleled lor twenty year* to come. Hereafter the railroad ? om panies will be much better prepared to meet a similar energency by having on hand suow plows of the moet efficient construction, and all other possible appliances for keeping the tracks free from obstructions. ANOTIIMR LITTER FROM THE SNOW DRIFTS? BUHN ING OF THI PA8BKNOKR HOUSE AT EAKLVILLE. [Correspondence of the Chicago Democrat.] Eari.vii.lf., Jan. 2&, 1K&6. Our train is sgain stuck In the treacherous drift, and the question or the most absorbing interest is? when shall we get through toSpringfisld? PubUo opinion is that this will occur some time in the course or the winter. Our Private opinion is that this event will take place some ime after we have a thaw, as the chances are against it* being otherwise. On the whole, any opinion on the sub ject!* about as uncertain a* the verdict of a petit jury before a Pennsylvania backwoods' justice. Yesterday we reached tbis point, and in the evening leturned to Chicago, when we availed ourself of the hos pitalities of the Matteson House ; hut this evening we can ntlther advance nor return. Let u* figure up onr position and resources. Three engines stuck in the drift, the hind one partly otr tne track, with supply or water exhausted ; the mow has been drifting in the track behind us, so that backing up the train Is out of the question ? some three hundred passengers ? the ac cumulations of all the traina since Monday Thia ?tate of things, as the bankers say, may be reck oned aa our liabilities. Now for our lesonrces . We have tbe cars to sleep in, wli ch is aome consola tion. Fortunately at this station there Is quits a smart little village of six months' growth?nu?uiiering some 1100 population, all told. The wind is howling snd playing with the snow at a fearful rate, which gives one a low atate of feeling about the heart. Then our patriotiam swells up, and we thlok of our vacant seat in the councils ef the State, but vain are sll our replnings; stern nature in wayward mood holds ns In bonds and we are compelled to submit to the tether, yet we are free to admit with no good grace. Friday Mormino, Jan. 28. At 2 o'clock thia morning we were aroused by the cry of fire. Upon examination we found it to proceed from the passenger house, a wooden structure, costing some >2,000, which was consumed, driving out some fifty in matea, many of whom were females who had taken abetter for the night. The fire originated from over heating tne pipe lu the upper pan of the building. Six of our party chartered a wagoo to carry them into Mendota. Immense drifts have accumulated during the night, making it entirely out of the question to move the train either way. H. F. Johnion, Dr. Kennlcolt, Mr. Pattnn, of the House, Mr. Oilloway, (Engineer,) T. A. Stewart and mvaelf, form the party to proceed in wagon. Our feelings were considerably excited in regard to a new married couple, who had been on board the cars since Mrndav morning The new husband was a little behind last eienlng in procuring lodgings, and waa obliged to take up his quarters ror the fourth ni<ht in a car vest. ? Tbis morning we found the express measenger, Mr. Stannard sitting on his safe, watching some supposed or real treasure, with a serenity becoming hi* responsi ble position. p ?rst Hildfge Across the Mleelnelppl River. i?rom the St. I'aul (Minnesota) Pioneer, Jan 2fi.] | It wa? s great day lor Mmneeota, and a signal and im pies.lve mark of the spirit of progresa which actuates , her ptople, when on the 21d of January in the good year I If ii the citizens of Saint Anthony and Minneapolis, In I company with thoee of St. Paul and other plac?s. inau gurated the completion of a bond by wbich the Father ot Waters ia, for the (rat time since its waters rolled from its source, in Itasca Lake, to the mighty Atlantic, spsnaed by as beautiful a structure aa any that has been made'in the United S*ates, with sll the aids that abundant capital could render. Since the days when Hernando de Soto first bsheld its turbid waters in the genial South, and Nicollet looked upon the Fall* of Saint Anthony (ar in the Northwest, there has been no event mi singular in ita character, or so characteristic of an onwsrd and practical spirit as that whi -b was honored on Tuetdav last; and the brights't feature which belong* | to It, ia that It I* the result of individual enterprise, and the wise eipendituie of iocs! capital. No surer evidence , ol the solid progress of oor Territory could be given than this which s portion of Its cltirans hsa rendered. Paint Anthony and Minneapolis hare reason rreatly to be proud of what has been accomplished , and the elegant structure which spana the "Fattier of Waters" will ever remain a monument or the liberality, forecast and enter- i prise of their cl'lsens. Poison fd Ti'Hkktp.? A da* or two Ago m the train from New York, *ia Norwich nod tbr Central Rail road, wa* In the vicinity of BUck*ton?, the two crate* of Adam* K Co. '* Expreaa were, in fnn?eq ueno* of the unuaoal roaghaoaa of the road, thrown off from tho train, one falling into a rut, and the other into Black ?ton* rieer. The crato In the rlrer wu afterward* fl?hed oat and Ita content* found to be Kimrwki , though not nerloailj, ipjured Anion* other a. tick* in the crate wan a bo* of met turker* lor tha i:o?tnn mar ket. and Bear by a jar of oil of almond*. When tha turke** were rccorerad tha owner did not perceive that they had been damaged and carried then to Kaneuil Rail m?rket lor r?la. Soon afterwards one or Adam* k Co. '* men atat'd the fact of th) breaking of tha jar of tha oil of ahoonda, and that tha turkey* whan recovered bad a earallar order Thia lad Mr. Adam* to laapect that tba turkey* might have been Impregnated with tha deadly pwaoe and ha started In paranlt of the dealer, who bed diepoaed of hi* rtoek. With a Httta trouble, however. It waa all raw** red asd destroyed. ? Btr'en rrmrrtlt* Pkb. I. T- - fcfiilt Co aLrt? Circuit. ?> IU-KOALITT 09 THB BUN DAT NKWSrAPHUB. * Fkb. 12 ? Jamtt L. Smith, 4kc., vi John M.W%Ufu, ?fc. ? Kocovxlt, J? 1b this cam, the jury bavng r? odnnd ? verdict for the plaintiff, judgment upon it, according te the new code, was reserved for the further consideration of the coart, on the ilngte qoeetaon whether a een tract, however clearly proved, and however obligatory in hon or, to advertiM in a Sunday paper, ean, in thie Bute, V the lubject of a legal action. Tie Sunday Act (1 R. 8., 876) declare* that "thert ?hall be no servile labor or working on that day, #xoept ing work* of neoewity and ehaHty," and no exposing "to sale of any ware*, merchandise, As., except meat* milk and llsb." Sunday paper*, it ii said, are uiually "worked off en Saturday night? ?onetime* before and nometitfm after 13 o'clock. The printing, there! ore, doe* not ne c* warily involve a breach of the law ; aud there in nc proof that in thie particular caae there was any breach in fact, or that any wa* contemplated. But to prin< merely, la not to advertiee. Publication i*, and ie alwaW understood to be, e**ential, and the mom extensive tht publication the more valuable to the advertiser. How, then. is a newspaper to be published on a Bun day, except by a sale on a Sunday t Can we preeume against all known uasge, that it may be given away and that the men or beys who aid ?n its circulation per form their labor as an act of "charity?" hoth parties, it seems to me, in making tbi* contract did contemplate, and must have contemplated, t bat tb< paper was to be isaued on Sunday, to be distributed oi Sunday, to be *old on Sunday, and to be read on Sunday And although reading? unless it be of a very dull para graph ? a thing not to be,presnmed? may not be an acto: " servile labor," issuing and distributing certainly are In tbe case of Watts against Van Ne*a, (1 Hill, 16,) ii wa* held that the usual occupation of a o!erk in an at torney'e office, i* a species of " servile labor," tbe j?r formance of which on Sunday i* unlawful, and that t bargain, consequently, for extra compensation lor sucl " service, " could not be enforced by tbe clerk. Ahd how ?as a mere question of labor? can we distiuguisb tht carrying of a newspaper, from the copying o' a law pa per? Both certainly are labor, and, in tbe -enso of tht ?tatute, both are servile labor. A magistrate, It wouli seem, on one occasion fined a person for " circulating t memorial to tbe Legislature" on a Sunday, and the Su prepe Court in effect ratified hi* act, (21 Wend, 562.) Am where a purchaser of a house in Connecticut, complain ed that he had been cheated in hi* bargain, tbe (Jour ?aid it waa a sufficient answer to his claim that tbe law of that State prohibited " all secular business on Sun days." (14 Wend, 248.) A newspaper, moreover, is clearly an article of mer chandlie. Admitting, tien, that the trying and carry ing of a newspaper about the streets were a mere pas time, and not a ''work or libor," its sale, not withstand, ing, in that manner, would be an unlawful violation o 1 the prohibition which declare* that " no person (witl the exceptions above leferrcd to) shall expose to salejJLtn merchandise, wares, fruit, herbs, goods or {battles, oi Sunday." It ia thie exposure to sale and consequent disturbance of the quiet of the day, and not tbe rale itself, wbioh ii this State constitute < the illegality of the transaction And it wa* accordingly held in the ca?e of Bofnton and 1'age (13 Wend 426) that a transfer of personal pro perty in this State, if made privately, although on t Sunday, was valid and passed a good title, notwunatand ing the prohibition. In this, our legislation, a* will b? seen, differ* from, snd is less rigid than that of our sis ter State. Whether in a religious point of view th< distinction between selling on a Sunday and exposing fo sale on a Sunday be a sound one, it is not my purpos nor mv province to inquire. The business of the judi ciary is to expound aud apply, and not to make laws. The prohibition of merchandising, a* it was call ed, on Sunday, i* as old in our law a* the (tatute of King Althelatan. In the time of Hbnry tbe Sixth n lair or market, it waa enacted, ehould be held on oka day, except during harvest, on pain of forfeiting tb goods exposed to sale. And in the reign of Charles treSe coiid ? a monarch not particularly distinguished for rt ligioua austerity ? the prohibition wa* extended to "al worldly labor," and all ' exposing of goods to sale," ex cept mfat and milk. Balers? rathsr a strange associa tion, according to our present idea* ? were permittee subsequently ? and in this we sen the constitutional ten dencv of eome of our ancestere? to dress dinners on Sunday as a work of necessity. But, although the pre patation of food for the body was thus excepted, no *imi lar exemption wa* extended to tbe preparation of foot for tbe mind. Indeed, in any view of religious obllga tion, it would be difficult to contend that the reading o advertisements in a Sunday newspaper, or aiding a p?i son to do so, is n work of either necessity or eharity The mind certainly on that day requires no sueh ??? tenance. And even as a mere matter of teste, it nras be admitted that common business advertisements c buying und selliug are a very unsuitable outfit for "feast of reason." Mx days, at all events, of such die are enough. Thought perpetually running in one cban nel, like matrimony in one family, dwarfs tbe intellect It is rather, therefore, it work of ;bai+ty in such case to withhold thun to give. Abstinence, r ot snstenanct Ih what i* needed. It Is a strange mod*. it will be said, to support reii glon by sheltering ba'l faith. Ijtws involving publ. policy can seldom be made effectual in anv other way Tbe gaming law, tb* u*ury law, the smuggling law, an other enactments of like character, are faaaiha illustrations of the principle that he who seta the la< at defiance can claim no assistance from the law. Tb law in such cases generally frown* on both partM* an aid* neither, unlets it Us to wrong tbe other. My conclusion, then, is that tb* contract ma/to by th plaintiff* to publish the defendant's Advertisement tn Sunday paper, was a contract to do an act prohibited b the statute, and that the price therefore at'pulated to bj paid for tbe aervice, whatever may be tbe moral oblig) tion, cannot he recovered in any court of thin Stat? Judgment for the defeui.anta. / Decision In Admiralty. nsTTKI) states district cooht. Before Hon. Judge lager noil. THE CAMDEN AMD AMBOY RAILROAD COMPANY THE HLOOP THOMAS WALLACE. Fib. 12? Daniel Curry and other* n. the S'eaiu/juaM John JVril ?m ? These were ctom seiu, brought by ' respective owner-, of the steamboat John Notlsoa u the sloop Thomas Wallace, to recover daiLagee occanioJ ed to these vesseU by a collision between them, whic happened at 10 A.M. on the 2ith of October, 1HM, net the Battery, 'lbe owners of the steamboat allege tb.i the steamboat was on her usual 'rip from New BranJ wick, N.J. , to New York, and waa approaching liJ usual landing place at pier No. 1, North vtve| when ahe was run into by the aloop, which was near 1 junction of the Nortu and rivers, bead to the northward of west, with the wind about nor til east, and the vessel, proceeding nearly at right angle with each other; that tli? steamboat ftopi<-il in time f let the (loop pass ahead of Ler, and that she might haw passed either ahead or astern if ahe ka<l -??en '.be (tea boat In tine that those on the steamboat did all tfe could to avoid the colli. ion. which wai occasioned i bv fault on the part of the aloep. The ueneri of 1 sloop denied any fault oa their part, and alleged f* there wa* a veesel lyiug at anchor on either sioe6f course of the >loop, so that ahe wa* unable to chi her course in any wav. and that the steamboat did l_. stop po as to allow the sloop to paas ahead of her, bu kept on across the low < of the sloop, and thereby cans* the r-olllaion: that the sloop was going in a northerly c rectiom. cioee hauled on lhe wind, and wu unable t| avoid the collision, which was caused whe'ly by tn fault of the steamboat. The damages claimed by steamboat were about WOO and by tne sloop about f Both cases were heard together, aad the following i ciaion has been rendered : ? ffeUt by the Court? It ia lound that at the time of I collision the steaaitxiat was not going ahead. The steaq boat seeing that the si Hip was bound frosa the F river up the North river, first flowed, and thin a ped her engine to enable the sloop to ;)e?r ber. Th_ few moments before the collision she backed, and th^| at the time of the collision ,the boat had tegua to , back. That, tha collision waa caused oy negligence i the part of the sloop. That after she had taken h course to go from the Fast river to the North riv along the Battery wall, and aftex the steamboat hi slowed and stopped to enable the (loop to pursue tbl coursej without danger, the sloop altered her comtT more to the wast, in consequence of which alteration rouraetbe collision took place. That 'bare waa no cessi'.y for her so altering bar course, and if abe^i^l kept the courae tlist ? lie was on wl ?n tie?t? "lowe 1 and itopped, no collision would have take The steamboat did all that waa required of ber to avo the collision, t-h* wa' guilty of no fa jtt. She had right to aaaume that the sloop would keep the eour she waa on at the time the steamboat slowed That tl movements of the ? tiamer were directed upon the id that the sloop would keep that course. Hy her not kaa Ing tlist cour.e the collision was oceas Ooed lhe steal boat did all that was required of her to avoid it. an<l a was in no fault, decree, therefore, ttat 'he libel Al by the owners of the sloop be dlatni*?ed with 'osta, a that the owner* of tlie steamboat re over the damafl by them sustained, with a reference to a r/.?nmi**la)i ascertain the amount. - / Theatres and KstalMttoeM. liNOAPWAY iHf.ATKr. ? This Is announced as tbe I week of the opera tioupe and tbe Ijrt nigh' but oo< the I.peratir c|?e<-tai Is of -Cinderella," wl.en Ml?a I Pjne, Mr. Buiwi and Mr. Borram aj j^ar in flat* leading character" He *muserr?n'. will tera with the fares of "Aa Likens Two Peas"? iHtvidfe, Wl ting, and tbe Missis Ooucenhcim :n the le .ding parts f Bowaav Th*atk* ? Mr*. Malinda Jooea, an a-treae j considerable celebrity, ia engaged for a lew night*. will appear ia the play of tne "Gamea'.er. " a? Kp . verly, and Mr. Mct.iegor as Mr Beverly. *>eing hi* appearance in this theatre. ' Shandy Mac nre ? J follow Mr. and Mis- Charles appearing All clO"** wl ?'Our Gal." Mis* diaries as Caroline Morton. Bt Rum'* Tbkatik.? 'lhe new play, in three acta, titled ?The Player's Plot." with new and heaatl sceneiy. will commence tin- sinus* rnent? ? Burton, A dan, Hsher, Mis* A I*e and Misa Ma arlby in tha prj cipal character*. 1 1 e orchestra will play sev-ral po| lar air*. The entertainments will ron -lude with I comedy of ''Sweethearta and Wivae " Wa i.i ant 'a Thkatsf ?The benefit of a very popn acti r come* off this evening. Tbe en terta. omenta i menca with the comedy of the ? Uame ol life;" ? l-ester, Brougham, Mi?? Kosa Bennet and Mr*. Br* am appear. The <| raiua of " < 'Flanagan and tbe far e< ricluiiee all. Brougham's friend* nre e*p?ctad I at their poet. Anwicax MrncM ?The afternoon performance *t tl establishment consists of the ?' Dumb Man of ter." snd ih the evenini the ?' Orphan of Genet C. W. Clark aa I arwin, and Mes'sjer as _ .? '? l'w r Plllii-oddy.1' with Hadaway aa Mr. PWiroddy, conclude tha amusement... Woon'M Mitvtrw> ? Tint programme for thta *?? consists of nerro inelodie. and tbe new aatravafanr" tho " Hotel d'Afrtque. " Macbeth will abvrtly be ducad. Bliairv'a SmK*APai<? ?The revival of the bw of "I.uc rerla Borgia " which is tha '-est of at' tag large audiei.'-es ltlsannnun ed fr>r this with otn?r aauaensiKs. Mv Fmairr roo.n>en<-ed an engagement at 'he Pr. Cfn? k*\ rt??f

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