The New York herald., 1867-01-16


age enlistment In the army shall be regarded
elusive evidence the point
in the Court OF Common Pleas yesterday, before Judge
DAILY an action was brought by Daniel n. Freeman
against Zadock for alleged elopement with his
wife, for which he claims 500 damages The is
stiIl on.
Charles Martin brought up for examination yea.
terday before ssioner Osborn and charged with
the murder OF Joseph Green, colored man cook or tho
American ship Gaena, on the high seas the 18th Of
November last while on the voyage from New York to
Hamburg. After hearing the facts the Commissioner
discharged Martin, the evidsnce showing that he had
committed the act in self-defence
In tho Marine Court yesterday before Judge Hearne
and jury the Of Miller vs.. Rosenstsin-an action
to recover damages for alleged nuisance caused 70 the
plaintiffs house by water flowing from distilley. the
property Of defsadanthe jury found verdict for the
defendant
Adolphe William schwarz. an Austrian, was arrested
yesterday board the Bremen steamer after his arrival
from Vienna. charged with having forged commercial
bls Of exchange in that city to the amount OF one hun
afes and tty thousand norns.
Iras nan will case argued yesterday before
eefw icker The summing up Of counsel occupied
So sstsge day. Decision reserved.
siscs market was the whole steady yesterday.
sfoa II mg. and closed with an upward tendency,
st 1asE
aa1 only q moderate business transacted in
a.asicl. relies yesterday. Domestic produce gene-
rally ruled dull and lower, while merchandise IN
limited request but quite steady at about previous
prices Cotton was dull and heavy. Coffee quiet
but steady On Change aour less active and 10c
l5c. lower. wheat sold at decline OF 20 &c., while
declined lc &c. Oats were dull and lower. Pork
though less active, ruled frmcr Beef was steady,
while lard active and higher. Freights wore
quiet. Whiskey was duh and nominal. Petroleum was
hrm Naval stores were quiet but steady.
MISCELLANEOUS.
Our Rio Jan.ro correspondence Is dated December g.
The Marquis de Caxas received with the greatest
enthusiasm by the Brazilian army their new COM
mander. An expedition up the Parana had disclosed tho
fact that the Paragusyans had been receiving large ship
Tnents OF and munitions Of Brazilian
ritOry II considered probable that the allies would
abandon Crruzd and fall back Tuyuty, which would
be equivalent to retreat Dcserters say that the Para
guayans suffering terribly starvation and
of clothing The United States gunboat Shamokn COL
ded with the General Flores the Paraguay
river the 18th Of November and the latter vessel
sunk. No lives were lost
Simon Cameron chosen Senator from Pennsylvania
by the Legislature Of that State yesterday In place OF
Edgar COwan, whose term expires the 4h OF March
Charles Drake elected Senator from Missouri aud
Trambull from Illinois by the respective Legislatures of
those States
Governor Goary inauguraed At Harrisburg. Penn.
sylvania. yesterday In his inaugural address he said
that the South must 10 kept until ell the conditions
Of Congress are complied with.
The West Virginia Legislature convened yesterday,
and Governor Boreman's message was received The
constitutional smsndment ratified 10 the Senate By
q vote Of Is to O.
The Alabama Legislature fsassemb8ed yesterday
The Illinois House Of Representatives ratified the con-
stituonal amendment yesterday BY strict party vote
Tho prize fight that has beon talked OF for some time
among the fancy In this city took place yesterday be-
tween Colyer andMcGlsde In Pennsylvania, about nine
miles from Harrisburg Fortyseven rounds fought
when Collyer declared winner He is therefore, the
present champion Of the ligh. weights"
In the Hudson County Court, OF New Jersey, yester
day. the presiding Judge recommended TO tho Grand
Jury the indictment Of oil persons who sell liquor on
Sundays Rum drinkers from New York must not be
tolerated to disturb the peace and quiet Of the State Of
New Jersey and the State law stringent In its prac
ticai effect as the New York Excise Law, to bs
forced.
Patrick Kating tried in the Toronto Courts yester
day, as q Fenian, and acquitted John OConnor
was found guilty OF 'isvyng and sentence de-
ferred.
A man named Hatch tried 70 kill married woman
named Baichslder, With whom he wn In lore In Man
chester New Hampshire Monday. and then mortally
wounded himself steel stay in MIRA Batcheidsr's
dress saved her life.
Two negro boys approntscsd 70 G. watkins, Of Mont
gomery county, Md. their former master. and from
whom they had away, were returned to him on
Monday by Judge wyle Of tho supreme Court II wash
ington. The evidence won't TO show that Watkins had
treated the children shamefuy, and that their mother
had died from sheer neglect and hunger
tenement house was burned In New Haven yester-
day from which families barely escaped with their
lives
Five stores in the town OF Ingersoli G. w., do.
stroyed by are yesterday.
Twenty.ons young negroes have been shipped from
the South by General Howard to Hartford. Conn.
The I.ase Decisions u the ssVrene Cssrs-
Thetr PsI,ticai Appsicatisu.
The two decisions pronounced IN the Su-
preme Court Of the United States on Monday
last-the one upsetting the test oath Of LOYALTY
of the State constitution of Missouri in refer
ence TO clergymen, teachers and lawyers, and
the other declaring unconstitutional the test
oath Of Congress as applied to attorneys seek.
ing admission to practice before the Supreme
Court-aro Of the highest importance in their
political application. This court, as in the
Milligan decision, five to four. has thus decreed
that the Missouri State constitution in its test
oath of loyalty is an erpost facto Law, and in
effect bill Of attainder, and therefore null and
void. On the same general grounds the test
oath OF Congress is declared invalid, with these
additional objections, that lawyers holding no
specific appointment are not oeAcers Of the
United States, and therefore not subject to this
Congressional oath, and that, while the Presi-
dents pardoning power is unlimited, his
pardon restores the person concerned to his
sull rights Of citizenship. For example, an
E~ac.t;ya ,,.~dov IN Ioff Uavis xvould rcncer