The New York Herald Newspaper, March 4, 1858, Page 1

THE NEW YORK HERALD. * WHOLE NO. 7853. MORNING EDITION—-THURSDAY, MARCH 4, 1858. The Alleged Frauds in the Comptroller's Continuados of the Examination ef J. By Smith ard John Fitzpatrick before the Re~ corte —F vidence ef Charies Devlin, Jr.,and Juho A, Stcwart—Attempt of Counsel for the Accucd t@ Preve a Conspiracy against May. Wed and Charles Devlin, on the part of the vresecution, under cever of this pre e +ding, de. ‘Ths examination in the case of J. B. Smith and John Fspairick, charged with embezzling from the Comp- troller’s office, was continued yesterday before Recorder Barnard, at bis private office. There were few but inter- emted parties im attendance. Gunes Devin, Jr., was first called for the prosecu- fiom, and testified as follows—I have no particular oocu- pation; eongag’ business; I know John Fitz- feist Save hows vw bog ‘an I can recollect any- ; be is not wrolative of ours; 1 am the son of Mr. Charles Devlin, oon. a0 aan 3) years Of ages Thave seen . Pitzpatrick write, handwriting. . * 7 ne dated Nov, 11, 1857, to Joba Fitzpatrick, B. ‘endorsed by him, for $8,791 90. ad catereiedas tn the bendwritag of Soba Fvspatrica? 1 do not think it is, sir. Do you know whose it ie? A. I think it is written by see him write #? A. No, sir, I did not see Tn you ever have that before in your hands? A. 1 de pet thick I bave, sir. my Did you not deposit i in the Broadway Bank? A. I have deposited it there. @id, from whom did you get it? A. I could have regular deposits there? A. I did, sir. bom? A y ke Anybody else? A. I do not think I did, sir. Why do you think thatis written by your father? ‘On account of the simiarity to his handwriting. Q@ Ifthe check was deposited in the Broadway Bank, yeu got t from your father? A I suppose I did, sir. ‘Was it ever returned to you? A. 1 do not think I it ip my hands before. could state if you had the ticket of deporit? A. ‘he ticket is in your handwriting, you could state? Dounse) for accused—I object. a jeming: & Nobody else? A. Sometimes the messenger, Patrick Deviin, and he only made one deposit, he is no relation of mime; 1 am not engaged in any way in the Street Oommis. sioner’s office; I know of no authority that my tather had te write Mr. ‘h’s name On a warrant. Joun A Srmwart was pext calied by the prosecution, and testified as follows:—I am the rece'ver of the Bowery Bash; was sppoimted on the 3d or Sth of November; I do Rot recoliect precisely. Q. At the time you were appointed Receiver did that Dank bold an assignment «f the assessment for paving Forty ninth street, from Sixth to Eighth avenuce? A. | eannot say, sir, whetber it did or not. @ Have you received at ony time any ovders fs court, er papers purporting to be such orders, for the re assign- ment of thas document to Fitzpatrick or anybody else? fo, sir. @ Have you found in the bank any book or memoranda showing the spevial loans? A. Yes, sir. Couner: ror AccreD—I object to this testimony until I kaow what it is iatended for. . Have you examined the books? A. Yes, sir. NEEL FOR AccuERD—I object to the prosecution of this inquiry until | know how it is related to the case. Racorper—I suppose it will be connected after. Counsg vor Acccerp—But it does not carry any visible meanitg. COUNSEL POR THE Progeccrion—Of course not, the whole thing is at present invisible, and I want to make it visible; ‘we mey sbow that these two gentlemen wanted money to debts, and at thie time wauted money. UNEEL FOR AccvasD—Whom do you mean by these ‘two gentiemen? Covyset ror Prosecorion—I mean Mr. Smith and Mr. Fyapeirick, and to charge them with having needed this money. Covnert ror Acccsrp—Then it is to show that they were Resersitous ? Pc ead contnued—Q. Have you brought the book? sir. Q. Avy abstract? A. No, sir; Iwas not advised what informaion was anticipated, I merely rescived a note re- questing me to come here to be examined for a few mo- roe vor Acctsep—Mr. Cady sent you the note? A. fee, sir. COUNSEL FoR Promeccrion—At my direction? Counsn: vor Derxxce—Of course he would not move ‘without your direction. Covrext ror ProsecuTion—As Devlin would not move without yours. ‘Wirrrss—I found no book or memoranda that would ve me the state of the cash items at any time previous becoming the receiver. ‘Course, ror Aocvarp?—Q, Do you know Mr. our bank forthe purpose of ex- — is? A. Yes, sir, he did on one occasion. ? A. In November last. What part? A. I think it was somewhere about the Matte Vy Q. What was his object? tee we hy pene tyre Q What did be disclose to you? A. He came in com- pany with the counsel for the prosecution. Q@. What did they do there? A. They looked over the dwcount book. Q. Weil, what elec? A. I think that was all, sir. g ‘Was no motive disclosed by Mr. Cady for this visit? a motive was disclosed by the connsel for the prowe- ution. Covxmm ror Prosaccrios—Ask what it was. Covssm. ror THE AccusED—I have no doubt you took oo- easton to decorate it and make out what it was. Probably Cady would not have decorated itso much. (Laughter.) Q How long were they there? A, Not to exreed fifteen ‘Was Mr, Deviin’s name mentioned? A. It was, sir. Were they in pursuit of avything affecting him’ Reoonnmn ruled out this question as irrelevant. Qounse ror Accvenp—This prosecution is really meant te strike Mr. Deviin, and thie moans is taken for the pur- pose of getting bim asa witness to state facts which could Bot otherwise be given, aod then turning upon him; and [ Bave a right to show that fact by this witness if I can. ‘Tne Reconper—The evidence must be confined to the main iesve, otherwiko we will have «long examination ‘pon collaters! points. ‘Course. ror Acccary—I have a right to show that thie Prosédntion m go! Up agaDet two nominal persons for the gy geting another party. npeR—That Tong must be raised when Mr. Corvest ror Derexen—It is correct, and 1 shall not al- Jow Mr. Devlin to be sworn, and shall advise him to re- ‘any questi ins here; to refuse to submit to : “I ge i 3 i i g : 5 E i i] i i FE Hf Ci ‘The form of the question i# improper. Covrsm. ror Derxvce—Then I don’t know how to puta I have beard you put so many that I am id ! Hy A H ; ste At if i. 8 Ht '—[ consented. donign war in looking for Mr. Deviin? A. No od to you? A. T do not stated; I think they wished to see ‘deen discounted. z? ii E i 5H 3 a cdEeMel E; is FF # i i suspicion of either Mr. i ly affect either of i iE i i i 3 i ES i i LH >38? 5 ‘As you understood ls, did ie concern. an ctviLpbject? Som Pon Pacem ooo to one 0 hiMtndor Q. As you understood it, did it affect Mr. Devlin or Mr im a civil Wood 5 or sense, or both ? Prosecution oar ne using it for some uite- ‘Coram. FOR Proeacr tn —| deny that, of my own know- ror Derence—If I am correctly informed fmarn ont that it is, A Wmy CovxaE: FOR PRowECOTION—-You are incorrectly in- ea. oe ). War any other or further object dincloeed ie wacaerr came Bank ve . To the Rnowledge, tir, no other object was disclosed. we oy Q Did these gentiomen Know that the stoekholders had called upon you on their behalf? A. They came together, sir; it was simultaneous; they all came within five minutes of each other; they were all there together; can’t recollect which came fret; the interview was in the Bowery Rank building; that was the second iaterview. Q Did either of the stockholders or the two gentiemen state what their object was in this inquiry and examina Oem tava fat aulsBed f thi of ‘What was a you of the propriety ait cease? A. The fact, sir, that any one of the stock bolders desired an a, or desired to have ‘an examination wad Q Was nothiog bout any frauds connected with the city? A. No, eir. Q. Pid got you suppose that there was some other ob- than the mere examination of the books? CoUNBRL POR ProeRcuTION—I obj Pacey someon is open to the same objection as the r. Q. Were not otber numes mentioned in that conversa- tion besides Mr. Devlin’s and Mr. Wood's? A. Yes, sir; in the examination of the discount book Counset ror Dxvence (interrapting)—I object to any further answer. CoUNSEL FOR PROSECUTION—Lat the witness tell the whole story. Question repeated. A. Yes, sir. Q. What name was that? A. J. B. Smith, Q. Were Mr. Devitr aod Mr. Wood connected with Mr. Smith in that conversation? A. Mr. Deviin’s name was, BC ie bout the impropriety of havi . Was anything about im iy ing notes of Mr. Devitn’s diszounted in that bank for Mr. Wood? A. I do not recoilect. Q. Was Mr. Deviin’s name mentioned io connection with any criminal supposition? A. No, sir. Q Was Mr. Smith's? A. No, sir. Q Did you participate in the examination? A. No, sir, nothing further than in standing by tho side of the gontle- men. Q. Did there stockholders stand by? A. Iam not posi- ; 1 think Mr. Bartram did. Did you hear either of those stockholders di either Mr. Devlin or Mr. Wood during that interview? A. Ido not know. Q. Mr. Cady was there but this once? A. Only thie once while I was present. make an exp’anation as Wrrnsss—I would like to to the manper in which Mr. Smith’s name came up. In the course of the examination Mr Cady, in yemepe ee ve. cown the book, saw the name of Mr. , im connection with a note discounted for Mr Deviin, aad he remarked ‘‘we know who he is,” and made a note of it, and that was the only mention that was made of Mr. Smith in the course of the whole investigation. Counsx yor Prossccrion—-That was in answer tomy question ‘‘Who is J. B. Smith?” Wrraese— Yes, sir. Q. Was there a note discounted to Mr. Wood or Mr. Deviin for $6,000 which bad been paid, to your personal knowledge, or which Mr. Deviin or Mr. Wood had paid? ‘Tre Kxcorper ruled out the question as inadmissible. Counssi vor Drrxxca—Was this juet previous to the last ¢ investigation was here ajjourned to 12M. to-day, subject to the engagements of the counsel for the defence. News from St. ‘Thomas. OUR ST. THOMAS CORRESPONDENCE. St. Tuomas, Fob. 17, 1858. Trade Reports—Suspension of Messrs. Ridgway, Ruhl € Co. —Jmprisonment of John E. Ruhl—His Release—Letter of the American Consul to the Court—Harbor full of Vessels — Yellow Fever, dc. ‘The business of this island has been knocked into a “cocked hat” by the recent failures in America and Eu- rope. During past years all the funds used in the pur- chase of sugar, molasses and rum, at Porto Rico and Santa Cruz, was supplied by or through the merchants of St. Thomas. Now, want of confidence (an epidemic which has swept over the world) bas closed up all the old chan- nels of commerce Bills of exchange cannot be negotiated as in former times—no merchant will draw, and there are no funds to purchase exchange with, were bills thrown into the market, ‘The great house of Ridgway, Ruhl & Co., which did most of the American business here, has suspsnded. By the by, our commercial community was recently thrown into unusua) excitement by the imprisonment of John K Rubl, the managing partner of this firm. The law of im- prisonment for debt, a relic of barbarism, still exists in this colony, and Mr. Ruhl was arrested and imprisoned for nonpayment of @ bill of exchange, accepted by his house, for $6,000. There was some illegality in the proceed- ings, and our consul, Major Helm, who is ever watchful of the rights of our people, demanded his release. As there ‘was ceep interest manifested in the result of this success ful application, and as the history of this outrage will be interesting to many of your readers, 1 have obtained for ee eee 8 letter to the court, which does im great credit and is certainly an able production. This letter contains all the facts, as well as the law, and in fewer words than I could give them. Commenctat AGENcy or tie U. 8. oF Auenica, Istanp or bt. Thomas, Feb. 1, 184. } To THe Howonas.e Tae JupGR (Ex Orvicio Buauiry) Or THE Court oF Br. THOMAS — Sin—By the laws of the United States of America, and m; iretructioas from the proper deparument of goversment, T ‘am directed to countenance and protect all Amerisan citizens before the authorities of this island In cases in which 1 may deem them injured or oppressed. ‘Therefc claim right, as I feel it a duty, to ask the relense of John E. Rubl, an American oi detained im juzen, your prison cont to your laws. The facts are as follows — Mesers. Cabasa & Of Mas Rico, drew a bill of excl on Mesara. Ridgway, Ruhl & Co., of this island, in favor ¢f their agent here, P. A. Mestre, at thirty days sight, for $6,000; and M abl & Uo. became the ac Ri neceptors. The bill was sold, by Mestre to tl. C. ‘Co. und Mestre fallea to furnish the funda to protect the bill, and Messrs Ri val & C before the maturity of the bill, became em ‘and ended payment; Mestre’s passport waa stopped, and on the ‘day of January, Johm B, Ruhl, of the firm of Ridgway, Rubi & Co., an American citizen. though burgher of thls island, was,’ at the instance of H. U. Lundt, arrested and in- earcerated in your prison, where he still remains, without Any other legal proceedings having been {naituted, in not my wish of intention to question your right to alow the arrest, nor do I intend to claim for Mr. Rubl any privlege which is hot by your law guaranteed to Danish subject re: sident here, though T do claim and insist that under and by Virtue of her's brief,” while he docs not lose his merican projection, he is placed on a with your own merchants subjects of Denmark; and shall proceed to show that by the Danish law he is wrongfully and illegally detained in prison, and that this court i# bound to discharge him. ‘One singular feature in the royal ordinance or law under which this arrest was made is, that the arrest and imprison ment ia one distinct proceeding, and severed from the legal proceedings by which the credilor seeks to recover judgment on his bill of exehange, in justification of the arrest. Another ig that the Sheriff or Judge shall not require any secarit from the creditor previous to the arrest; and anovber, whic es the seeming severiiy of the arrest with , im, that legal proceedings must be followed up Immediately afer the arrent e . . ‘The validity of the claim is not and cannot be legally Known until your Honor ebail render judgment in an se.ion brougbt on the bill of exchange. This cannot be done because “legal SSS "' were not and have not been instituted as con emplaied ¥y the etatute; and the defendant haa now been in Ls 's, to jury, v serious WF are Wenay asta ean a beh ene ors; and clearly, if the plaintiff has a right, under this statute, to keep him in'prison ten days or even ten hours after the first court, which we are advised was held on the 25th ultimo, without commencing his “legal astion,”” be certainly has the right to keep him in prison ten years without seck- ing judgment on ch an iden to civilization, ‘Rot for ® , 1 have assumed that “legal ' have not been instituted; this could have been estad- bg ite of the two constables (or clterers) Kept in the court as witnesses, but who, as we are informed, under the order of your Honor, decitned to give « certificate iject: however it is a fact Known to the Court that been issued, and @ fact which the Court is bound officially to notice; therefore I will not dwell on thie point but refer to the records of the court for the proof. Li mus: But, why has H.C. Lundt, the plaintiff, not “legal proceedings’ immediately after un get at the motive of thin m8 10 be presumed for ® moment that H.C. ia ignorant of the law of “arrest” and * section of the statute anys" A pa PA Sd . if his creditor for req ar: erty attached”? Now, itis well endorsers and if, comm the “arrest? Let vandt, attach! A & : : i r 4 Eke 5 & z zs #3 months tn search of freighta; some hy sete have left without ebarters, on, but there is little h thet and the yellow fever: Weat A descent upon us some six or reason than usual. ‘There have been some six deaths from black the past week, and there are now some twenty -tive in hospital and boarding bouses. Naval Intelligence, Tho sloop of war Vandalia, from Portsmouth, N. Hf. , for the Pacific, te said to have made the run to Rio Janeiro in thirty-one days and four hours from anchorage to anchor- age, which is the shortest ever made between those two Bho reached latitude two degrees 8. and longitude W. in twenty-one days—an extraordinary run. We have before stated that the Vandalia left Rio Janeiro on the 11th of January for Valparaiso. Lieutenant George H, Cooper has been ordered to the United States steamer Colorado, at the Gosport Navy Yard, 23 i 8 4 ! i i 5 Intesesting from Santo THE BAKZ PARTY REDUCED TO THE LAaT STRAITS PORITION OF HI8 FORCES AT BAN DOMINGO CItY AND SAMANA—WANT OF PROVISIONS GENERAL PAu MADTIEE AT POINT OF DEATH—NaVAL NEWS -GER- MAN IMMIGKANTS DYING OF HUNGER, BTU. By the schooner Brontes, from Puerto Platte, we havo received flies of the Gaceta Oficial of the Dominican re public to the 31et of January, and a leter from our cor- respondent at St. Jago de los Cabalieros, the provisional seat of government. OUR DOMINICAN CORRESPONDENCE. Br. Jago, Jan 19, 1858. Return of our Exiled Correspondent— Position of the Con- tending . arties— Formation of the New Constitutton— Hopes of Recognition by Foreign Governments— War Ves- sels Fitting Out—Irade, dc , de. Tt ie w Jong time since I had the pleasure to address you, Dut it bas been owing to the political affairs of this coun- try; im consequence of which J have been an exile, travel- ing in Carracoa and Turks’ Islands. But now that] am settled again, you will receive my letters as regularly as before. Foclosed you will find a file of the Oficial Gasette, by which you will perceive that Baez is con- fined to the old city of San Domingo, and that the gallant and good patriot, Santana, is at the head of a largo army, besieging said city, where foreiga pro- visions are very scarce, ani none at all of the domestic, Besides, Baez is in a very hopeless position, having but very few rokiiers, and these deserting almost daily, three by three and five by Sve, and sometimes in larger num- ers. ‘The representatives appointed to revise the constitution by the cifferent conventions of all the countios of the re- pub.ic, met on the 7th of December last, at Moca, a small ‘village twelve miles from this city, in order to make a new constitution, which is already drawn up, and now in the printing office. The debates will begin in a fow days, and there is every reasor to expect that the new poli basis of this upfortunate country will be very liberal, the penalty of death for political faults being abolished, religious tolerance being estab » monizing the democratic principles with the strength of the executive power, and —— several apres md two foreigners; not onty to belonging to frie ne tions, but to the citizens and subjects of the count at with the republic ‘We entertain the hope that as soon as the new authori- ties or powers of the State be regularly established, all the vations which bave representatives in this country will recognise our new government, such a course being consopant with international practice, not the will of the people, particularly in the repablice, is the true sovereign ; and that the whole roses of this coun- try baviog raised against Baez and his minions, has reason to expect from every civilized nation that their newrulers be recogpized by them as the true and legitimate magis- trates. We have now five good vessels of our own fitting for war at Puerto Plata, and will abortly go to sea io to captnre the three small ones that Baez has on the waters of Samana. Provielons of every description are very abundant here, and business goes straight and lively, the tobazco crop having been a very large one this year. [Translated for the New Yorx Heraup from La Gaceta Oficial of Saptiego de log Caballeros, Jan. gf The facts which the Generals commanding the besieg- ing armies of 8. Domingo and Samana, with all their de- tails, bave officially communicated to the government, as wellas the levers written by private persons from the first of there two places, both to us and to other persons, fully confirm our prediction, that within a very short timé, one or the other of these cities will be surrendered. Such is the ipference naturally drawn from the relation given to Genera! Bidoon the 6th inet., by the Azuans who at that date deserted from the ‘old capital, and amongst whom, we see Sith satisfaguion, was the valiant Capta Baldomero Victorino, According to that account, Baes probibited that the condition which Samaoa at present ie in be spo ken of at St. ery the best proof that the brave Generals at the head of the army besieging that peninsula, cannot be taxed with exaggerating the reports they ‘addressed to our government of the victories otain- ed by them over the troops of Palmantier. No other rea- gon can be assigned for this extraordivary prohib'tion. In consequence of the official communications, im which the commander in-chief of the rebels at Samana reports the repeated defeats our valiant caused to bim, Baez came to the conviction that the surrender or capture by force of that place ts inevitabie. It is for this reason that he in advance imposed silence with regard to the war which Generals Puello and Mella are carrying on Palmanter, in order that when victory crowns Onr troope nobody inay learn of it or be astonished at the ailence on that point, Baez having in advance put a curb into the mouth of the citizens and monopolized the bad news he is receiving from Samana. But this is not the only reason which confirms us in our conviction relative to speedy termination of the ex state of things wherein the country finds itecif dressed by Gen. Bido, under date of the 7th tnat., to the larly provisional government, the disaffection peo. ple of St. the small force of the evils they inflicted on their country. What ig still worse, of tho three war shipe sont. by Baez to Samana he has not had Thur Baez has at present no siitp left at hie disposal, since those three were the only vessels he had. They are named El Libertador, La Australia and El Cirus, Fl 19 de Marzo having been ‘delivered up to tho provisional g0- vernment by her commander, and la having pot Eh of eS ae directed ball 0 besieging army before Pajarito. regurde Samana, the postion in which the del the battalion under the command of of Mexioo and hopes for the moral gupport of this country for that party; nothing more. ARBRIVALA. From_ Port ao P! fin Brontes—G W tout } i gt ud Mr ‘Capt Turner, late of schooner Caro ia. For ci . in Tum: Mins J Grte- arberg, Mr Hartmann, Mr Prines, ‘Mr Decking, and 10 i in steamship Roanoke—Wm White, Wm Kebetae Vind Peay ken fd jen, vert, lartineau, Mre\ Powell, OW Mienteine family. & Stansberry, Ralph ateerage. Laurence, F Smith, J W Moore, and 4i in the Court Calendar—This '* Screams Covrt—Circnit—Now. 15, 119, 128, 280, 201, 219, 290, 202, 204, 296, 206, 297, 360, 801, 802, 303, 804, Unrren State Tieract Corra—Nos, 80, 138, 32, 484, 49, 87,63, 64. 74, T6. Bormon Cover.—Nos, 263, 340, 360, 961, 408, 613, 476, 102, 689, 691, 696, EOT, 315. 647, 440, 408, 485, 97, 20, 222, 800, 48, 472, boa. 164, B24, 134 461, 474, bae, 200. Common Praas—Part 1—Nos 4 486, 486, 110 510, 144, 540, B41, 642, 543, 545, 646, 647, O48. "Part 2—Now, 6¥1'to and including 699, 438, THE DEBATE 08 THE ARMY BILL. E: PROVISIONS OF THE ORIGINAL BILI. Cpposition of Senaiurs Toombs, Hale, Feesend. n, Foster, &¢. | VOTES ON THE AMENOM:NTS AND SUBSTI ‘UTES, ber of privates allowed w hundred ond wlaty-four; th to neventers thouer ) * additions} two, nd and (he “wggregate’'sto eip b 7 and eight -se B Tey Air, aCCOrd Dg to thie statement x actually Abe MY Of Bolen Chovennd man. fF hase deen a little Weghed at open in tie Seoake, and Toon «iliing to be lan bed at again, tor repeatirg a8 he # ano convistion of Ty Lhe @Pstaneing, & leBson ol wietom woven (ve wtberw of My Levive state fnecrined on the Urxt o wets ton they ever wrote and which, { booe in God, will remein as long oy We Bave aconatitulion—that wtanctiog arinee are dan- | yerou tonberty, [tell you «tr, thasan amy of eight- ven th orare men ortwe ty ttre t ‘a4 men, as this bill prone see to wake D ‘of transportation | WC tbe repre ity of figs! by means of railroads from Final Vote and Bill, 40., ‘The bill reported to the Senate by the Committes on Military Affairs, for increasing the army, came up for debate in that body on Tuesday, January 26, 1858. The éebate upon the question was in many ways a remark. able one, and ite result, in the defeat of the bill, of the most momentous character. The bill was an aiminiztra- thon one, snd asked for nothing more than is absoluwly needed in the present exigency, with @ portion of the ‘United States Territory in open rebellion. Yet a most ia- congruous combina:ion was formed to defeat it. All the New England were to @ man opposed to it, on tho shallow that the President demanded an in- crease of the army for the purpose of reducing Kansas to submission to the slave power. The Southern ultra fire eaters, of small calibre, aleo opposed it. So did many of the Western Sonat But, strange to say, William H. Seward of New York, Hunter of Georgia, and Jefferson Davis of Mississippi, were found on the same side, strenwously advocating an administration measure giving greater power to the Executive, The debate, on the whole, was one of the most interesting whish has occurred ip the Senate for many @ day, as will be seen from the subjoined sketch of it. ‘The bil) provides for the increase of the military estab lishment of the United States to the extent of about four thousand men. The following are its provisions: — The first section pro} wo add to each of the regiments of dragoons, cavairy, infantry, and of mounted rifle two companies, to be 01 in the same manner as the com- panies now composing these arme, respectively, and to ceive the same pay and allowances, and to be entitled to the same provisions and benefits in every respect, as are autho- rized by the existing laws They are to be subjact tothe rules and articles of war, and the enlisted men are to be recruited im the same manner as other troope, with the same conditions ‘and I'mitationt ‘The second section authorizes the President of the United States to increase the number of privates in each of the com panies of the army serviug in the field, or at remote and frontier stations, toany number not exceeding ninety six, this increase to be by enfstment, and the soldier to be on the same tooting, in all respects, as oiber soldiers of the army ‘The bill further provides for the addition to the medical de- partment of the army of number of assistant surgeons, not exceeding fifteen, as in the judgment of the Presifent may be required by the wants of the service; the officers #0 added to be appointed in the seme manner, and to be, in on the same footing as the eflicers of that corps now autho: by law. Hereafter. the bill provides that regular promotions to vacancies oecurring in the regimental grades of commis tioned oficers of tbe United States army ure 19 be by regi ments or corps, instead of by arma of service, as now regu- lated and provided in certain cases. Mr. Toomna, (dem ) ef Ga., broke ground in the debate by opposing the first section of the bill. He asked the chairman of the Committee on Military Affairs what addi Grst and gecond rections of the bill would make wo numbers of the army? Ard the chairman (Mr. Davis) explained that the first section would add thirty companies, and the second rection, with the first, wili in crease the army by near six thousand men. Mr Toomm moved to strike out the first section. He thought that the werease made by the second section would be tufficient. We have already an army of about The second section of the bill ‘three thousand. Hoe for an increase be- yond this number jon war, it was hot a fact yot; it does rot exist. Congress, said Mr. Toombs, which, Alone has the power to make war, has en; and it Defeat of the &o., ao. dent cannot make that war. It is very certain that un- less the Sonate and House of Representatives intend to nS Se ere eee vesting all the powers of ernment confided to legislative department in the ecutive, this war does not exist in contemplation of law. If it be the intent simply in time of peace, with an ox- hausted treasury, without the Of Indian war, now ‘to increase the army to twenty six or twonty seven thou- sand men, I am opposed to it, and shall oppose it in all it It be forthe parpdse, as 1 aguin repeat, of we merican ¢ ‘60 the military forces of the United States A republican government shou'd rest upon and be defended by the people; and wnep they are unwilling or unilt to defend it, the sooner they get a master the better. Mr. Davis replied to Mr. Toombs. He adu.iue! that the theory of our peace establishment was that of a amall army, to be increased as exigencies demanded; to have @ skeleton army in peace, to be filled in time of war. Ho thought it would be the best method to add two companies to each regiment, making the number twelve. The Mormon War ts not the motive for this proposed measure. It is “true there is no war now _ Neg mney ‘ee - the co of ¢ troops towar it Lake waa for the purpose of pro- tecting our officers entrusted with tho execution of the laws. The to call out the militia, to ensure the execution laws in Utah, is absurd. No one can reriousiy defend it. Doubtless the Indians there are in a disturbed condition Emigration at this time is It will be a yp ee if the sending of troope shall have the ei jaws and of aw Doubtless these indians there of enforcing the execution of the the hostilities of the Ladians become, in ct, hope, therefore, (continued Mr. Davis,) that the first section of this bill will not be stricken out. I believe that it will render the army more efficient. I believe that when no hostilities exist, when no neceselty for actual shall require companies to be filed up to the large standard proposed, by reducing them to fifty two we shail have a skeleton or peace establishment r mment in time of war. rnish us ® Convenient or- to adopt it; already allowed jes tothe number of thie? | i Hh ie biel H nee i 255 Zz 3E By the act of June 17, 1860, ‘40 inerense the rank and file of the army,” Ac., section recoud, the Preaident is author: ized, whenever the exigencies of the eevise reqnire it, Me in: crenee Lao. f four the ny “serving at the sev m or fixed organization to @ coum in giv ‘of a ‘olti , vie, fifty prt joone. four to & company 0! artillery and filemon mad forty two to the. ariliery fd intiey. Under the authority veaved in him, the President bas ted that the mumber of privates he carried up w seventy four in theseveral companies serving in the, penin guia of Florida and on the islands it to in Ransaa, it; Netraska, Utah, JTexas, New Mexico, California, Oregon and Washington Territories, as well a in those ttationed at Forts Snelling and Ripley, on the upper Mississippi: Fort Ridgely, on the Minnesota river; and Fort Arbuckl®, om ‘Wild Horse crest. There being one hundred and tree companies serving at, of tn the route to, these stations, the author zed Increase in the number of privates i# five thousand two huadsed and twenty-eight; making the “total enlisted” (aa the trowos are now posied, or en route seventeen thonaand amd aixty-si, the ° ‘aRgregste eighteen thousand one hundred and fift T ali the Companies belonging to “regimenta’ (one hundred and nine ty eight) were serving at the distant stations described, the tod of the country to 18 a force equal to + it wonid heve been tp olden times if we had one or swo hasdred thourand men. [he President can, if he pleaser, concertrate them at any point, at any momont, and for apy purjose. Ido not know bow it ia, but tho ‘aw bas been construed that these armies are called, I be- iow, @ posse, and under the name of a posse be can trans- port them to any piace for any purpose he chooans. It is & significant fact te my mind that he haa under. taken to play posum with them at clections. Not long ago there was 8 call made to bave a portion of his posse go te Baltimore and ‘eee that the elections were regularly carried on there. I be jeve, however, it was not thought dent for them to go, and they did not go; but he did have a posse in the city ot Warhington to carry on an election, and no small portion of this torce—this posse—has been employed, aod iw now being employed to illustrate perfest freedom’? ana‘ popular sovereignty” in Kansas. I have an official table before me, by which I find that in the first quarter of 1656, three hundred and twenty-one mep were con- sidered sufficient to carry out popular sovereignty in Kan ran. The next quarter they went up to nine hundred and twelve, and the first quarter of 1866 we had got up te one thoveand and eighty-six men to carry out popular sove- reignty in Kansas, and leave the people thereof “ verfect!y free.” Then we come to the first quarter of 1857, and at that time “ perfect freedom”’ required a force of one thou- sand three hundred and forty-two men in Kansas. They ‘so continued until the commencement of the fourth quar- ter of 1857, which I suppose was about the Ist of October feet. At that time therehad been ap el@tion in Kansas; and the people of Kansas had manifested what their ideas were of popular sovereignty and perfect freetom by putticg the President’s forces tote a very small minority, and electing a free State Legislature, and afree State veiegste to Congress, by an overwhelming majority; and immediately upon that the fed: frcm ope thousand #1x hundred and thousand five hundrea and sixteen m is what the President needs this army for—to carry out “popular sovereignty ” and “perfect freedom.”” [think @ force of eighteen thousand men is qvite enough to do that; ‘and | think that $26,000,0C0, in a time of profound poace, is enough to spend upon an army in this country, particu- ey az lopg as we have to borrow the money do it with. Borrowing money in order to raise men for such a yurpose Iam utterly opposed to. tieve that if there Pevdidiculty in Utah, the army is three times large enough to attend to it. Ido not profess to know much about this Mormon war. I will say in the outset, how- ever, that | donot believe m it, nor in the pecessity for the tremendous expenditure that is being made. be- lieve that if commissioners bad been tent to pre- cede the army, they would have superseded the necessity for sending the army. Again, the honorable Senator from Georgia says we have not deciored war against the Mormons. Has he forgotten our modern history? He is well versed in an- cient history, but bas he forgotten our modern history? Did we ever declare war against Mexico? No, sir ButT will tell you what we did declare. We declared that war existed by the act of Mexico. Wo may deciare by and. bye tbat war exists by the act of Brigham Young; aod if it be repeated as many umes in a Presidential message as the other statement was, that war was commenced by the act of Mexico, it will get to be a part of our history, and ‘8 man who sbal! doubt that war was commencad by’ the set of Brigham Young will be no better than an alien and abeathen. Ishall vote for this amendment, and I shall for any other amendment that is proposed which will imit or reatrict the number. 1 shall support the amend- ment which I understand my honorabls friend (Mr. Sew- ard) proposes to offer, that these troops sha | be limited to the special necessity which calls for them; and when that ceases, that they shall cease tw exist. I shall ger for every amendment that will cut the bill down to what the honorable Sepator from Mississippi calla it—a skeleton. I sball want to reduce it to a skeleton, and I shall go against the skeleton after that. I shall go against the whole bill. ur. Foster, (opposition,) of Connecticnt, and Mr. Fes- renden, (opposition) of Maine, both supported the amend- ment of Mr. Toombs. Mr. Foster was in favor of striking out the first section. The reasons given by the chairman of tho on Military Affairs (Mr. Davis) bad not fully satifed him. As the commitiee had differed from the Secretary and President in their recommendationr, 80 each Senator might wel) take the responsibility of differ- ing from them. jhteen thousand men would seem to be abundantiy sufficient for the protecting oar frontiers from all aggression, that is to say, in ordinary cases. In- deed, if an army is sent out to frontiers to protect our property, what bas been the result of the policy? It has Deen, 80 ,& waste and expense, as witnessed by late events, to a greater amount than has been experienced for ten years from ordinary causes. The fewer troops py frontiers the better. As to Kansas and tho z che ee a rene aap 4 nority to '. was bo vote ap | Ate of the army for such purposes. He should vote for the amendment. ‘Mr Fueanpan advocated the amendment, partly on the ground of economy. The increase, as shown by the sta- Ustics, would cost the nation not jess then seven miliious of dollars annually. He would not object to any necessary increase of the army, but we bad as yet no facts furnished which showed the pecessity of such an increase. There war po report of the Commander in Chief, nor from any es competent to jeep. Even the committee had not rbished such details. ¢ opinions alone of the Presi dept, Secretary. and Military Coma ittee were pot sufficient tor him. He wanted the details. As to the Mormous, there was much exaggeration as to the great strength of that people. If irgency.is so great, the government ought to have taken measures to furnish us with the sta tistics upon which we can reascnabiy act From 1842 to 1858, the army bas increased from eight thousand to oy The necessity for a large increase was to be ad mitted on account of the increase of our territory, But such an increase was enormous, and ought not to be ox tended further. On account of the Indians no necessity is shown, and it is ad mitted that it is not Utah. What,then is ity 1 am not disposed at ail, said Mr. Fessenden, to make an issue with the = ment simply for asking an increase of ovr military for If that increase is necessary, 1 am ready to vote for It makes no difference to me what the amount is, if the exigencies of the State,demand ao in crease of expenditure in any quarter, I am perfectly will- ing wo take my share of the responsibility of moeting it; but, with the ole Senator from Connecticut, | do not believe there is a necessity for this increase, nor do | approve of the use has been made of the army, or that I believe will be mado of it. Allusion has been made to the use of the army in Kansas for the parpoee of exe. cuting the laws. Sir, I have never yet been able to understand that the President had the slightest right to ‘ure any portion of the army there ip thatway. I know the power is claimed, and it is claimed ander an act giving the President authority to use the army of the Uni States in cases where be might use the militia for certain purposes; but that power never extended to the Terri tories, and does not extend to the Territories now, by existing laws. He said that President Pierce heid that there was no auth im the government to undertake, by the em ment of force, to secure fair voting in ansas; but Mr. Buchanan seems w be of a different on. Mr. Sxwanp, (opp.) of N. Y., next took the floor. Mr. Seward’s antecedents did not warrant tion that he would be found in the ranks of supported a democratic administration, least of all Mr, Bochanan, In any measure which they might propose, ‘and more particularly one calculated to give ‘additional strength to the President by increasing the army. this case Mr. Seward has chosen to play ® patriotic, if not aconsistent part. Following the remarks of Mr. Feasen. den of Maine, he spoke in support of the bill, submitting at the same time an amendment, to the effect that the raised for the subjugation of the Mormon rebels Utah was more —ferious even Mr. Davis himself, who introduced 2 922333 A 5 i 3 4 ii has been e: and led from the of our te ctv \—equally tn and intolerable by ourselyes—men who have been driven to hate, and not yet instructed by all their calamitios and experience to fear us. This body of the settlers of Utah are men who haye set up for themselves Cy) 9 culiar religion. hy Anmay gone back two thousand five hundred years, and have set up @ religion based upon the prine’ of Judaism—a ©) repudiated not only by oursetves, but repellant to religious and moval senso of all Christendom. This commanity, thus] made to fly we, has taken retuge in of the Rocky Moun. tains, or in ® region encircled by the mountains, which secures to them fortifications such as military science never yet hae devised, or military art been able to com. struct. "I look at that band, and see the perpetual increase of it by emigration from amongst oursclves, by emigration from European ani South Amerisan States; and I see in their religions and litical Constitution two martial ¢lemente—the elements of resistance t law and to authority such aa have never yet been successfully overcome when combined the one a lust of independence, of power, PRICE TWO CENTS. ° apd dominion; and the other a religious license to the base ions of mankind. Thie is the internal enemy which ia n¢ged within a Territory acroes the path wi joads from our Atlantic to our Pacific settlements. I trast in Soe et, Se Seale nee in which we are placed pape v2 gard to there lo pass away an can! ighlly as Sepators clean te think Ido believe Whether the ayatem of defence or of war to whieh th y power to exercise,) or, practically, a Yaron our people from ‘that Territory, and our army seat te ead a authority there,'T believe the utmogt vigilance on the 6 of the government, and the utmort energy, will be demanded; and that seems to mo to require, on the part of the Legislature of the United States, some confidence ip, and lidert towards, the administration which has charge of #0 se! and impor- tant a matter. Upon these grounds Mr. Seward wu} the bill.: He tock occasion to ray that he though: use of the army ip Kaneas bad been abused He did not want to see any More intervention of the United States government in the elections at Washington or New York, or in the execution of the Fugitive Slave law in Boston; but he was pot pared to vesert the band of tr: Bow at the mercy of the ‘Mormons or the Indiana in Ulah. He declared we em- Ployment of volunteers the most wasteful aud extrava- gant mode in which a cointry can be defended; and if he could only be guaranteed that there should be no abuse of armed power, he would then have no hesitation what- ever in increasing the force till it should be strong enough to command respect even in the Rocky Mouptaios, and to exact submission to the constiution and laws of the United States even from these apostatizing Mormons. ‘The following is Mr. Seward’s amendment to tho bill -— And be it further enacted, That such officers and men as aball be eniiated, or raised under thia act, shall be employed mainienasce of the lawa in tbe Territory of Usb, y and when public erder and tranqallity sbal iabed, all auch forces so enlisted or raised Jurrenson Divis explained that it would be impractica- bie to discharge the men raired by the bill, because they would form parts of companies, and would break up the several poor towhich they might be attached If an integral part was aded to the army, it might be pos- sible to disband it when war was over. After some diecussion between Mr. Davis and Mr. Fessenden, in re- 'd to the assertion of the latter that Mr. Buchanan had sed the United States troops improperly in Kansas, Mr. Pugh (democrat) of Ohio, prepowed to Mr. Sew: ao amendment which he thought would answer bis purpose He proposed to add to the 2d section, as follows:— Provided, That after | late of this act, no further e 1 regiment until eacn company thereof anali be reduced.« eighty privates, And to the 3d section: — Provided, That after the expiration of two yearn from the date of this’ act, no further appointment of agaistant surgeone shall be made until the num.ber thereof shall be redueed be low the number heretofore allowed by law. Mr. Skwakp proposed that the Senator's ion thould be printed, which was acceded to, and that closed the firet day’s debate on the Army bill. On the next day the debate on Mr. Toombs’ amendmen’ was reaumed ip the Senace Mr. Gwinn, (demoarat,) of California, moved that the whole bill, after the enacting clause, be stricken out, anda bill be substituted which provided that five entire regiments should be added to the army, ins‘ead of increasing the army in the mode pro- posed by the Secretary of War. Mr. PucH thought that the original bill was preferable, op account of the increased expense caused by the in- crease of officers. The vote being taken on the substituted bill, 1t was negatived—ayes 8, noes 38. Mr. Bri, (opposition,) of Tenn., spoke in favor of Mr. Toombs’ amendment. He thougbt».that government stould be Jenient with the Mormons, and that the great mass of them wi honest. He could pot see cho distinction between the Mormons and the abolitionists of the North. They alike act under the conviotions ot their own consciences, alike discarding facts and reason, and alike bolding fast toa higher law, which they worship. Why drive them out? Where will they go? If pursued with the hag cor bow threatene1, they must go forth bed = on the plains. Mr. Ivxrsos, (dem.) of Ga., was in favor of tho bill as it Ftood, and opposed to his colleague’s amendment. He regretted that troops had been sent to Kansas. They had beep sent to beep the pect still, bad they not been sent, there would not bave been, at this time, ao aboiitioniat to desecrate the soil of Kansas. But the Execative had in- tended, and bad done, its duty. Mr. Cnaxpixr, (opp.) of Mich., expressed the opinion ‘that Brigham Young was only carrying out what was su; poeed to be the principles of the Kausas Nebraska bil, which declares that the people of a Territory ought to be left perfectly free to form and regulate their domestic in- stitutions in their own way. In the innocence of hia heart, Brigham supposed the family was a domestic institution, ‘ana under that interpretation he had a right to either one or ® bandred wrves, as he pleased. the democrats propose to maintain their former doctrine of fo- ‘vereigpty and non intervention, and declare wish wo btervene in Kansas, he would n all the neces- to preserve order; but thought the way sary would be toemploy a 'y © go Wo Utah alone and explain to Brigham Young the views of the govesnment, for It was evident he pow supposed the idea of non inter- Eeaieel be 0 acgeceals eceeemapeven win te domestic ipetitutions in a Territory was utterly ground diamet 710" "the ‘Kansss Nobraaia Silt to Mr. Iverson, he ssid if it bad not been for ve day was occupied by Mr Toombs in explaining of bis amendmont, and defending it. wi length on the assertion that no increase of the army juired for protection against the frontier Indians Volunteers militis were the proper troops for that purpose. Again, he contended that if the bill passed the Goudie in Miah woul! be all over before’ single soldier in’ opposition to neces! largo standing army in ‘was contrary to the theory of our government. He ridi- culed the idea of making dragoons of men who had never mounted a horse im their lives, and did not even know how to bridle one—who would have to be ted on anti! they learned to ride, and then they would be in danger of going heels over head when were brought int) ac- tion. He was in favor of raising volunteers to meet all necessary emergencies, saying that they expensive than regular troops, and decidedly more pre- ferable. Four Additional were rained some ears ago, the expense of which was somethin, Tike the twenty millions now a eden ta the vessary, What have they done? Killed a few many women and children. Sucb litle credit upon civilization. Better Mike men apd elevate them, than decetve bunt them down like wild beasts. you will need no standing army on The Senstor ¢ at great leogth on the comditic sa of Indians, and Frocaied a betier ‘system of the army. Mr. Wilson, ( of Masa., a sobstitute for the bill, stricing out all after the Clause, and inserting the following — the President, for the toe United Baten of malataining pesce withthe th and of protectin Te of U be atime of peace. It Hi t I i TH viet thourand, men, wi infantry, to serve for twelve discharged, afer they shall have arrived at dervons, or been mustered into ‘States, and that the sum al ¥8y' a qj i t 4 Fei i il ul Hy Pe i 3S is i z f { a : i | ts H j t f # 4 | eet i § nt i HH : i A z H : i i s]i G2 | Sf is 5 il alin i i i it fi i 28 i | : i i i E i ' : 55 : i { i q HH fi F f : E F F H f i a 8 i i | | : ij ii i i st iH H i i i Hi af it if 3 3 fi 4 H i = Esf fi i i : g a z F i : i z Faaiy When I look over T, and seo how they are constituted, t the Congrese of the United appropriate money to maintain ap Eft: