The New York Herald Newspaper, January 25, 1865, Page 5

—_ WASHINGTON. Senatorial Debate on the Rebel Treat- ment of Prisoners of War. SPEECHES FOR AND AGAINST RETALIATION. The Difficulty Between Mr. Brooks and General Butler. General Butler’s Gold Seizure at New Orleans Explained. Declaration Regarding the Seizure of the Chincha Islands by Spain. Emportant Alterations in the Enrol- ment Act, “The Smithsonian Institution Partially Destroyed by Fire. “Description of the Building and Its Contents, Rey Kee &ee Wasminaron, Jan. 24, 1865, THE BROOKS AND BUTLER QUARREL IN THE HOUSE. The debate on General Butler's connection with the seizure and retention of the fifty thousand dollars in gold, taken from Samuel Smith & Co., of New ‘Orleans, occupied the entire session of the House today, after tho morning hour, and attracted ¢rowded galleries, The defence of General Butler by Mr. Boutwell, of Massachusetts, was thorough and ‘complete, and placed Mr. Brooks’ attack upon him in a ew and not very favorable light. Mr. Stevens was ‘particularly sovere and caustic, and Mr, Brooks appeared anything but comfortable during the whole discussion. ‘The matter is ended at last, and the House can proceed ‘to the transaction of its legitimate business, which so mrgently demands their undivided attention during the brief remnant of the session. MOVEMENTS OF MAJOR GENERAL BUTLER. Major General Butler, in pursuance of orders, will eave to-day or to-morrow for his home in Lowell, Mass. , ‘with the kindest feelings for Mr. Lincoln and his ad- ministration, and that he will there await apy call the Executive may make. RETALIATION IN THE TREATMENT OF PRISONERS OF WAR. ‘The debate on the Retatiation bill occupied the Senate all day. Tho debate was highly interesting, and character- fzed by much sympathetic fecling for our prisoners in rebel hands, and indignation for the barbarities practiced toward them. There is considerable feeling on this ques- tion, but great repugnance to the adoption of similar Measures, especially in view of the prospect of a speedy exchange. Its passage is problematical. The Hon Rever- dy Johnson will speak in opposition to the meassure to- morrow. THE SUITS AGAINST NAVY AGENT HENDERSON. Messrs. Weed, Evarts and Pierrepont are here, endeay- coring to procure a settlement of the suits against Mr. Honderson, late Navy Agont at New York. It appears that, in arranging the Opdyke-Weed suit, provision was made for the withdrawal of the proceedjngs in Mr. Hender- @on’s caso; but this little arrangement was made without ‘the assont of the Navy Department, and the ratification of the arrangement is declined by the Secretary of the Navy, who is determined to prosecute the matter to the end, and, to insure justice being done, Caleb Cushing bas been engaged to assist the District Attorney in all these cases, COMMUTATION MONEY PAID BY PERSONS ILLEGALLY DRAFTED. ‘The Secrotary of War, in answer to the resolution of the House, says that no money has been paid for commu- tation, 0 far as he has been advised or believes, by per- ons illegally drafted. Commutation money has been returned when persons paying it were shown to be en- {tled to exemption. The examination and payment of this class of claims is still going onjas rapidly as more Amportant business will permit, and the Provost Marshal General thinks they will soon be disposed of. THE TOBACCO TAX. The House Committee of Ways and Means is still on- gaged in the consideration of the tobacco tax.. Delega- tions of parties interested in the business still continue to arrive and be heard by the committee. The tax on manufactured tobacco will probably be increased, anda tax on leaf tobacco reported, though not so great as is provided for in the bill as referred to the committee, THE CLAIMS OF CONSTRUCTORS OF IRON-CLADS. The House Naval Committee ar» again considering the claims of builders of Monitors and iron-clads for increased compensation, in consequence of the great advance in materials and labor since their contracts were made, THE KEEPER OF THE OLD CAPITOL PRISON UNDER EXAMINATION, Tho House Military Committee to-day had before them Mr. Wood, the keeper of the Old Capitol prison, and ex amined him at length, eliciting much interesting and valuable information. A WRIT OF HABEAS CORPUS BUSPENDED BY THE 1 RUSIDENT. To-day was set apart for the return of the writs of Aabeas corpus on the Superintendent of the Old Capitol Prison, commanding him to produce the bodies of Chris- topher V. Hogan and John Dugan, with the date and cause of their arrest. They were formerly employed as otectives on the Metropolitan Police force, and subso- quently Hogan was a special detective of the Treasury Department. While so acting a robbery was committed 4n February last. The trunk of Major Malone, a pay master of the army, was robbed of nearly twenty thou- @and dollars, Some time after Hogan and Dugan were arrested by Superintendent Wood on a @harge of being concerned in the robbery, and they have ever since been held in custody. This morn- ng, at the convening of the general term of the court, Mr. Wood appeared to answer the writs and handed his eturn to the court. Superintendent Wood answered :— ‘The body of Hogan or lugan is in my possession. He ‘was arrosted and imprisoned by authority of tho Presi- dont of the United states. I do not produce his body by reason of the order of the President of the United States endorsed upon said writ, to which reference is hereby re- @pectfully made, The endorsoment of the President on each writ is as follows:— Tho within named Hogan or Dugan was arrested and Smprisoned by my authority. This writ of habeas is hep nao ‘and the officer having Hogan or Dugan in eustody Is directed not to produce his body, but to hold Bim in custody until further orders, giving this order in his return to the court. A. LINCOLN, JAN. 28, 1865, THE DICTIONARY OF CONGRESS. The House to-day decidedly refused to endorse the attempt of Mr. Lanman to extract another dividend of four or five thousand dollars as copyright for his Dic- tionary of Congress. This job was of so tranzparent a mature that only forty-three members could be found to favor it, although it was recommended by a majority of dhe Committee on Printing. N OF THE BROOKLY: BXTENSIO Aro vir CHARLRSTOWN ‘The House Naval Committee, to whom the subject was moferred by the Ways and Means Committee, to-day de- @ided to recommend an appropriation of one hundred ‘housand dollars for the extension of tho Brooklyn Navy ‘Yard, and seventy-five thousand dollars for the exten. aon of the Charlestown, Mass., Navy Yard. DINNER TO ADMIRAL FARRAGUT AND SPEAKER COLFAX. A fow gentlemen gave a dinner this evening, at Wil- Yard's, to Admiral Farrgut and Speaker Colfax. It was a private and very pleasant affair, THR ONE HUNDRED DAYS Mr Acommunication from the Provost Marshal Gonoral felative to the terms of service of the one hundred days troops was sent to the House to-day by the Secretary of War, The ordor calling them out was enclosed, which a” declares that no bounty will bo paid on the ‘ited to the draft. Besides th's express com- the President and the Governors, it is stated the troops . have frequently served dur.ng the war , and that the confusion attending ty ° ™uster in and discharge of men 80 hastily called into the , “°rVice has generally prevented @ careful preparation of y ‘he rolls necessary to allot cred: and ould be of unappreciable ids, and that the benefit» Orne Oo im early adopted not service crea pact between for short periods .'° moet emerg value compared with the extra th. upon the department. The rule wae to allow credits for terms of service lems ,*D82 six months, If it should be abandoned, and an effort x “de to award credits for leas the of service, the business .°f S»pply- ing soldiers for the army would be serlom 7 ¢m- barrassed. NEW FRACTIONAL CURRENCY. The Treasury Department will shortly issue a uew batch of fractional currency, printed upon new material, which is impervious to water, and possesses a tenacity superior to parchment. ICE IN THE POTOMAO RIVER. Tho City Point mail boat due this morning did not ar- rive till evening, owing to ice in the Potomac. There is no ice in the James river, but the mud is so deep at the front that animals can only move upon corduroy roads, THE CORMICK AND RAMSAY MAIL CONTRACT. The long pending claim of Cormick & Ramsay upon the government, for damages on account of the abroga- tion of their California mail contract, has been decided in their favor, This is considered a great triumph over the Post Office Department. Last week the United States Treasurer drew his draft for the full amount of nearly $440,000, in favor of Mr. Cormick, who received the money’from the Assistant Treasurer at Now York, IMPROVEMENT IN TELEGRAPHY. ‘Tho Assistant Manager of the American Telegraph Company of this city, Mr. Berry, is submitting to the test of experiment, with the prospect of success, Dr. McGowan’s contrivance for adapting the telegraph to non-syllabilic characters, REPORT OF THE SUPERINTENDENT OF PRINTING. Tho report of Mr. Defrees, Superintendent of Public Printing, has been printed. The immense amount of printing required by the executive departments has occasioned a delay in the printing of several Congressional documents, for the reason that there is not room in the present building for a sufficient number of presses. An appropriation is asked to add to the size of the building and to purchase additional presses. The ex- penditure for printing, binding, paper and other materials for the year ending on the 30th of Scptember, 1864, was $1,420,069 48, being greater than any preceding year, because of the amount executed, and the increase in the price patd for labor, paper and other materials, Notwithstanding this in- crease in the prico of labor, the amount of printing and binding, if paid for under the law of 1852, would have cost $304,883 92 more than it has cost under the present system. THIRTY-EIGHTH CONGRESS. BECOND SESSION. Senate. Wasarnaton, Jan. 26, 1865. ‘THE DUTY ON PAPER. Mr. Cowan, (rep.) of Pa,, presented the memorial of the Board of Trade of Philadelphia, remonstrating against the repeal of the duty on unsized paper. TAR POST OFFICE APPROPRIATION BILL. Mr. Saray, (rep.) of Ohio, from the Financo Com- mittee, reported back the bill to appropriate money for the Post Office Department, without amendment. ‘THE PRISONERS OF STRAIGHT’S COMMAND. Mr. Wiuson, (rep.) of Mass., from tho Military Com- mittee, reported back the petition of citizens asking that action be taken to secure the rolease of the prisoners of Straight’s command, captured in Georgia, and asked that the committoe be discharged from the further considera- tion of the subject. ‘It was so ordered. MAIL STZAMER3 BRTWEEN THE UNITED STATES AND CHINA, Mr. aan Cue.) of Cal., offered a bill to re-esta- blish mail steamship servico between the United States and China, which was raferred to the Post Office and Post Roads, LROTURE IN THE SENATH CHAMBER. Tho resolution granting the use of the Senate chamber to Bishop Simpson for the delivery of a lecture, on Wednesday, was passed. CHECKS IN THE OFFICE OF THR RRCWTRY OF THR TREASURY. Mr. Witson offered a resolution instructing the Com- mittee on Finance to examine the system checks in the office of the Registry of the Treasury, and to report if any legislation is needed for the safety of ithe public funds in thatoffice; also if any losses to the United States have occurred there, and if so, to what cause they are attributable. ‘The resolution was ACTING ASSISTANT TREASURERS. On motion of Mr. Suzrman, the House bill to provide for acting assistant treasurers or depositories of the United States, in certain czses, was taken up and passed. It provides that in case of the sickness or unavoidable absence of any assistant treasurer of the United States, he may, with the approval of the Secretary of the Trea- sury, appoint his Chief Clerk to act in his place, REIMBURSING MISSOURI FOR WAR EXPENOES. Mr, Huxpensox, (rep.) of Mo-, called up the bill to re- imburse the State of Missouri for the expenses incurred povins out, equipping and feeding the militia of that Mr. Wrsoy hoped that the bill would not be considered immediately. It was very important, and ought to be examined before being y Mr. Brows, (rep.) of Mo., did not wish to press the subject, and in order to give Senators an opportunity to examine 11, he moved that it be made the special order for Tucsday next, ‘The motion was adopted. COMPENSATION FOR COLORED VOLUNTERRS, Mr. Powext, (opp.) of Ky., offered a resolution calling upon the Secretary of War to inform the Senate why he had not appointed a commissioner to compensate loyal owners of colored volunteers, as required by the act ap- proved on the 24th of February, 1864. Mr. Wizson was opposed to the passage of a resolution like this, which censured the Secretary of War. Every- body in the office of the Secretary of War was worked hard, and pressed to the extreme limits of his capacity for labor. He was sorry to see w disposition to censure the Secretary. ‘THE TREATMENT OF PRISONERS OF WAR. Mr. Powrx1, at the request of Mr. Wade, withdrew his resolution to allow ar, Wade tocall up the special order, which was the resolution in relation to retallation upon the rebels for the cruel treatment of Northern prisoners. Mr. Sumyen, (rep.) of Mass., offered the following as a substitute for the resolution before the Senate: Ri even fn the in the first place ‘t may reasonably ‘ its object, and hen, in the second place, it {s consistent with the Usnges of ivilized society, and thatin the absence of these essential conditions it is useless and barbarous: having no other end than vengeance, which {s forbidden alike to nations and to men, Resolved, That th rebel prisohs ts nt; nt against human ; new guilt to the t crime of the rebellion, and constitutes an example fi Sihtch history will (urn with sorrow and dlagust, Pe To™ Reolved any attempted tmitation of rebel barbarism in the treatment of prisoners would be plainly impracticable On account of its Inconsistency: with the ing sentiments of humanit jurious. for it wou! ze the ; that tt would be utierly useless, fort could not affect the eruel authors of the Tevolting conddet which we seek to overcome; that it would immoral, because alone; it could have no other reault than to coh bg Famtor and the ational name, and to, being down count Foprobation of history; ng bie, useless, immoral immoral and ‘degrading. 1, must on the ized Powers. ane pore a aol ost ve the victims of ereby thelr solemn an energies and all the resources of call w Sie tea Satta el TEL En ith barbarism renounce all vengeance hapten de g and themselves firmly on the sacred in civilization, under the of that it with every prisoner and enables heroic Wave, ) of Ohio, hoped the amendment of M1 Sumner would not be adopted Instead of making rebels cl thelr treatment towards our men for the better, it would have the cont been by all civilt Its object was not vindictive or revengeful. Tt was a necessity of war sometimes, and was the romedy that would suggest itself, even to a child. It ‘was the only way for one nation hod gay ry done to ite ners inthe hands of another. @ Senator from husetts had said that the ition to retaliate, would not have the dosired it. If this was true, there would no propriety in omg the resolution. But there was no reason to believe it wonld not have the dosired effect. War was nothing but retaliation. This war, on our part, was nothing but resistance to Soutbern aggressions, and was only retaliation. Civilized nations had always found a remedy in such measures as this is in war, ir commanders had often retaliated for erilia outrages, They had shot or hung two guerillas, in some cases for the murder of one of our men; and the reault had been to put almost an end to guerilla outrages. He knew that it was called for by the fg from every part of the country, as ameasure of redress for the wroms inflicted upon our brave soldiers, Was itany ler for a rebel officer or soldier to suffer these thin; than for one of our brave mento be tortured? Mu: these southern criminals be woll treated, while our PR soldiers were suffering cruel death at the hands of the = aasuoritiee? ¥. Cowan, (rep.) of Pa., believed retaliation was jus- {inabte ‘at times, but ho fid'not approve of tha proposition papel kind upon the rebels. He did not think it as t to starve rebels because rebels starved our men. Ho id not think American soldiers and officers could be in- duced to starve oven rebels, partioulerly when those Tebels were not the men who had been guilty of inhu- manity to our men. Thia was not the kind of retaliation he favored, He would agree % auything manly oF honorable, anything that would not destros which we should maintain for ourseives. He did not be- lieve this subject came properly with n the scope of the Senate. The legislative a thority had no right to inter- fere in the case of foreign or belli erent Powers; it be- ed to the Executive. If, as had been said, the law of jons authorized retaliation, there was no nicessity for ing another law, This was a question for the Execu- tive to consider, It was the duty of the President to see that our officers and sold'ers were not inhumanly treated, and to take proper steps to secure justice for them. anne wired of we, Cowan if Congress had not @ articles of war and prescri treat. meat of prisoners in such articles? i bolas Mr. Cowan replied that Congress could make articles of war for the government of tho army in itself, but it could not make articles of war to govern the enemy oF s bend CONOR sah ‘not make a law compel- ng resident to scalp or burn priso: bE vine eed » Prisoners, or to order Mr. Wape—That’s pettifogging. Mr. Cowax—I am no mere pettifogger; that the Sena- tor ,s0m Ohio ts. Upon what meat doth ‘this, our Cezar, feed, tt he should come here and tell Senators, if they disagree With him, they are pottiforgers? Mr. Cowan continued-~All nations were bound to treat their prisoners: with jastice Od humanity, aug we had oo sathoriig wo change these Lvs. Mr. Tronepot, (rop.) of Il. —Caa't we dofine piracy ? Me. Cowas—I 0, 205 ori. talib. e oh DOMED, (rep. —There isa clause ih the conaive Won, wi authorizes Congress to define and junish piracy, by Mr. Davis, (opp.) of Ky.—The Senator from Pennsyl- vania tht; the Congress cannot define piracy for the nations of the earth, or according to the laws of nations. It can only define what may constitute piracy, according tothe laws of tho United States, It may say that the are twade is piracy; but no other nation is boumd by the Ww Mr. Cowaw resumed the consideration of tho ques- tion of retaliation, arguing that Congress had no right to intermeddle, in the manner contemplated by the reso- lution, with the duties which belonged to the Executive: Mr. Howarp, (rep.) of Mich., spoke in defence of the proposition before the Senate.’ The Senator from Penn- sylvania was mistaken in supposing that the resolution ‘was mandatory upon the President. It was advisory only. Mr. Howard repudiated the doctrine advanced by some Senators, that the President had all the power in time of war. He maintained that Congress had the power to declare, to wage and to carry on war, and to prescribe the manner in which it should be conducted. was for Congress to regulate the treatment of prisoners as well as tho arming and equipping of troops and navies. The object of the resolution was not to imitate the barbari- ties of the rebels, It was simply to secure humane treat- ment for our prisoners in rebel hands. The report of the Committee of the United States Sanitary Commission gave a fearful picture of the atrocities committed by the rebels upon our prisoners at Belle Isle and Anderson. ville. The effect of that treatment deterred thousands of young men from entering thearmy. ‘The barbarities committed upon our men at Andersonville were not to be described in lan, Out of thirty-five thousand who were there six months ago not more than one-half were alive now, This treatment was resorted to by the rebels to strike terror into the Northern people and to diminish our force in the fleld. The resolution before tho Senate did not propose to retaliate upon the soldiers of the rebel army, but only upon the officers, and the fact seemed to have been overlooked by the Senator from Pennsylvania. Mr. Witson, (rep.) of Mass., offered as an amendment to Mr. Sumner’s proposition, to strike outall after the enacting clause and insert, after a preamble declaring that our prisoners have been inhumanly treated, &c., a resolution Pera 4 the President to appoint commis- stoners to confer with the rebel authorities, with a view to devise somo practical plan for the relief or better treatment of our prisoners in their hands, Mr. Wilson explained that the above was the best plan to secure the object of the Senate, which was to secure the humane treatment of our prisoners. Mr. Grimes, (rep.) of Iowa, interrupted Mr. Wilson by asking him if the Secretary of War had not stated, in commudication to the House, that there would be no dif- pie | in the future about the exchange of prisoners. If pote hig was the necessity for passing such @ resolution as Mr, Wison replied that he so understood it; but it would be weil to devise some plans for the good treat- ment of prisoners of war which should hereafter fall into the hands of the rebels. Mr. Somner inquired if the rebels hi occasion refusod to receive such com suggestad by Mr. Wilson's resolution? in reply to the question several Senators stated that the commissioners referred to by Mr. Sunner were only authorized to visit our prisoners, and had no authority to relieve them in any way. Mr. Witson said he had good assurance that if such a commission was appointed it could accomplish the result desired. He was sure of it. Mr. Henpricks, (rep.) of Ind., said he had listened with interest to the speech of Mr, Howard, and he knew that he (Mr. Howard) had taken the most pepalar side; but it must be recollected that in the time of the French Revolution the orators who were most loudly applauded were those who cried the loudest tor blood. Notwithstanding it was popular now to cry out for retaliation, he (Mr. Hendricks) ‘was opposed to any proposition looking to such a He was glad to see the Senator from hu. Sumner) denounce retaliation in his resolutions, was a barbarous practice, and ought nas to be ‘Mr. H. continued his remarks, advocating an of prisoners as the best means of relief to our suffering brethren now in Southern prisons. Mr. Howarp inquired if Mr. Hondricks was in favor of poibie of retaliation to secure good treatment to our soldiers Mr. Hexprroxs replied that he was in favor of no retali- ation that was opposed to the principles of Christianity. He stated, upon the authority of Captain Flynn, a re- Joased prisoner from Indiana, that the prisoners at An- dorsonville wore treated as well as their rebel guards. Mr, Howarp—Doos the r assert upon this floor that our prisoners in Southern hands are treated as well ‘aa Southern prisoners in our hands? Mr. Hewpxtoxs, in reply, said did not know only what he had stated upon the authority of a returned prisoner; but he did not believe all that was published in the report of the Sanitary Commission. Mr. Brown, (rep.) of Mo.—If the Senator from Indiana thinks our prisoners are well treated, why does he object to Southern prisoners in the North being put upon that not on a former issioners as were Mr. Henpricxs replied that the resolution before the Senate took it as a foregone conclusion that our men were starved and subjected to every kind of bad treat- ment. It did not propose to get reliable data upon which to base retaliation. It took all for granted. Mr. Hen- dricks resumed his speech in advocacy of the exchange of prisoners, and opposed to the destructive policy pur- sued by the United States officers in the Shenandoah valley, which, he said, had alienated thousands from the carise of the Union, Further consideration of the subject was postponed till to-morrow, as several Senators wished to speak on it. ‘THE ENROLMENT ACT. Mr. Wi.son introduced a bill, in addition to the seycral acts for enrolling and calling’ out the national forces, which was referred to the Military Committee. The bill provides, Ist. That persons enrolled and liable to be drafted may be accepted as substitutes. 2d. That no one furnishing a navy substitute shall be exempt un less that substitute is brought in person to the Board of enrolment and is accepted there. 3d. That any person who knowingly brings for enlistment a convict, or insane or drunken person, or deserter, or shall defraud in tife matter of bounty, shall be liable to one thousand dollars fine and two years imprisonment. 4th. That any muster- ing officer who shall muster such person, shall, upon con- viction, be dishonorably ‘dismissed the service, 5th. That all State or local bounties shall hereafter be paid in instal- ments, one-third at mustering in, one-third at the middle of the term of service, and one third at the end, unless sooner discharged honorably; if killed, the balance to be paid to the widow. 6th. That every district shall make up by additional draft or recruiting its loss from deser- tions and discharges on account of Physical disability ex- isting before onlistment. 7th. That all deserters shall bo disfranchised forever, including all who have deserted heretofore who shall not report within sixty days. At balf-past four o'clock the Senate adjourned. House of Representatives. Wasmwaton, Jan. 24, 1866. THR SRLACT COMMITTER ON THR KRLLBY AND FIELD DIF- wicunry. ‘Tho Spmaxern announced the following named gentle- men as @ select committee to investigate the circum- stances attending the assault on Hom. W. D. Kelley by A. P. Field, viz:—Messrs. Beaman, Rollins of N. H., Robin- son, Satawin of Mass., and Townsend. - VRRIFIOATION 01 ONCE, Mr. Wasusvrne, (rep.) of Tll., introduced a bill for the better verification of invoices, which was referred to the Committee on Commerce. TAX ON COMMERCE. ‘He also introduced a resolution, which was to, Instructing the Committee on Commerce to inquire into the expediency of imposing a tax on com: the Mr. Ai ) of Til., offered a resolution 3 . ‘a resolution instruct. ing the lary Committee to inquire and report ition is necessary to render the travel tes of the Uutod Stator, and that Urey report by rout e Un! Gin cc ouerwien It was adopted. oe ‘THE DUTY ON PAPER. ‘On motion of Mr, Farxswourn, (rep.) of Ill, it was re- Eisedngn te te efpetoeyot foe structed to inquire int ex r bill removing the tariff on all materials in manufacture of printing paper. RELIRV OF REFUGRRA AND FREEDMEN, Mr. Sammvox, (rep.) of Ohio, from the Committes on Military Affairs, reported a bill to establish in the War Department a bureau for th of refugees and freed- men, and it was recommitted, ‘THR DICTIONARY OF CONGRESS, A resolution to purchase additional copies of Lanman’s Dictionary of Congress was laid upon the table, THR ACCOUNTS OF THE COLONIRATION SOCIETY. Mr. Cox, (opp.) of Ohio, reported the Committes on Foreign Affairs a bill authorizing the settlement of accounts of the American Colonization Society for the sapport and care of recaptured Africans, and it was 4 or Ta prone BURRAU. Mr. Jewcnm, {rep.) of R. 1, offered a reaolut! which ‘was passed, calling on the Secretary of the mary to communicate the report for the past year of the Printing se together with @ statement of all the expenses reot. s THE NAVY MEDICAL DEPARTMENT. Mr. Onet, (opp) of N. Y., introduced a bill for the re- construction of the m department of the United States Navy, which was referred to the Committee on Naval Affairs. ‘THE EMAURE OF THE CHINCHA ISLANDS BY SPAIN. Mr. od free.) of Cal., offered a joint resolution de- claring that in tho opinion of Congress the seizure of the Chincha Islands by the Spanish authorities is a part of the French and Austrian scheme to subvert the Spanieh- American republics. It was referred to che Committee on Forein Affairs. ‘THR TROUBLE BETWHEN MA. BROOKS AND GRRRRAL PUTLUR. ‘The House resumed the question of privilege raised, tho respect | resteriay by Mr. Brooks, basod on a letter written to him by orncal ; — oe Speaker had decided that this Mr. Brooks had appeal "8" aa a Mr, Sruvans, (rep.) of Pa, having the floor, resigned it to Mr. BouTweLt. (rep.) of Masa, who said he represented the district in which Gen Butler resided. The geutleman from New York pe. Brooks) had charged Gen. Butler with being a gold robber. Now he had seen from the cow- mencement of this war that s:cessionists, and Northern Sernign feast whee eet renee ee st om rested the crime of being patriota, General Botler, on tho very day he sent a letter to the ntieman, addressed one to the Speaker of the House, in which he reforred to the language used by the gentle- man in debate, and added that there waa a chance of @ high crime and misdemeanor committed by an officer of the United States, who, if guilty, ought to be visited with the most condign punishment. It seemed to the writer that the public slander should be rebuked. Having no means of redress, General Butier, appealing to a sense of justice, asked that an investigation be ordered into the charge through a committee of the House. He desired, also, to put in issue every official act of his pub- le life affecting his integrity and personal honor, so as to give his accuser an opportunity to make good his all ) and transfer the matter to the courts; and if the accusation was false, that the House mizht vin- dicate its dignity by punishing the calumniator and slanderer. Boutwell after the letter had been read, said he had kuown General Butler twenty-five years. He knew his faults and virtues; and when he ‘said to bim last ight if he had anything to present to the House he (Mr. Boutwell) would do so, General Butler showed him copies of the two letters, and tho one to the Speaker was written first in order of time, Captain Clark, who delivered the letter to the gentleman, was in the United States uniform: but if he had been clothed in gray he presumed the gentleman would not have been so affrighted. The gentleman made his statement in the absence of testimony; but, from an inquiry this morn- ing, he (Mr. Boutweil) could say the records of the War Department furnish no testimony impeaching bis charac- teras to the gold transaction, or his conduct in the dis- trict from which he had recently been relieved. Mr. Bout- well ed to examine the affidavit made by Samuel Smith, to which Mr. Brooks yesterday alluded, and then produced various papers to refute the statements therein mado, It appeared, from the reading, that both the Disirict Attorney and marshal at New Orleans, having made diligent inqui ascertained that those composing the banking firm of Smith & Com- y were bitter rebels and agents for the Confederate fon A commissioner had examined into the case, and it was an admitted fact that Smith had concealed fifty thousand dollars in gold, but which that man at first per- tinaciously denied, but which it was suspected was the property of the Confederate States. In the opinion of the commissioners there was sufficient ground for its deten- tion, It further appeared, from a letter of General But- Jor to the Secretary of the Treasury, that two paymasters came to New Orleans with wo little money to pay off the troops, and some of their families were, on this acon in almost s starving condition. He appropriat the fifty thousand dollars towards the payment of the troops left unpaid, one of the ‘estern regiments not having received moncy for many months. «T could not, said General Butler, “let my/soldlers go un- id,?” 80 he lent the fifty thousand dollars. There was at that time no considerable difference between gold and paper. This money was twieo used in this way, and was finally returned tothe hands of General Butler. The money was taken fromthe United Statcs mint by the rebel Superintendent, or exchanged for gold, and was concealed by being bricked up in the vault of Smith & Co. General Butler subsequently asked the Secretary of War to take the money, and relieve him from further ‘Fesponsibility. This was on the 11th of February, 1863. But the Department compelled him to retain the money, nor would the Treasury Department take it, and therefore, he was obliged to retain it. A correspondence, itappears, took place betweon Edwards Pierrepont, the counsel for Smith, and Gencral Butler, the latter stating to himrin March, all the circumstances of the seizure of the money, reposting that it had been lentto pay troops, but holding himself responsible for it, for final settlement, taking care that any rights of Smith & Co., should be filed in the War Depart- ment. He says these men were bitter, active and un- repentant, and refused to take the oath of allegiance s0 long as he remained in command in New Orloans. Mr. Pierrepont expressed himself satisfied with the explana- tion. In another letter to that gentleman, General But- ler said that ifthe War Department directed him to pay the money into the Treasury, and if Smith would file a paper relieving bim from all personal responsibility, he would give a draft for the amount which would be honored at once. In reply to Mr. Pierrepont’s state- ments that Smith was a loyal man, General Butler said [ trost his conversion is sincere, and I have so lived as to defy my enemies. The most extravagant stories had been told about the money, but what can I do about it? Although thus oxposed to newspaper attacks, some of my friends say I ought to explain, and show where the gold went. Baring weal to the Secretary of war, the solicitor of t! department, in reply, said the matter of indemnification had been referred to the Judge Advocate General, who was of th opinion that the question of indemnification could not be determined at this stage of the proceeding, and while the conduct of General Butler was pending in all its bearings. If tho applicant acted within scope of his power and claimed tion against sult, it could be maintained, General jutler was: informed that he could also publish a letter necessary to his vindication. The above is gathered from a large mass of documents and letters, as read by the Clerk. Mr. Bourwxt1 said so faras ho could judge from the woight of evidence, the fact was conclusive that there was no element of the crime of robbery. The bested of the money was made by a military com- mander, in purmuance of what be believed to. be his duty, and which the country will also believe. General Butler submitted the whole question of the right of property to a military commission, and they reported the facta, and from that day to this he has always been ready to pay over, and has again and in solicited the War Department to take the monoy, either to hold as belonging to the government or pay it to Smith, and thus relieve him. Believing that justico ought to triumph, and that wherever the slander is ut- tered there it should be exposed, he had volunteered to submit a defence in this icular case, He believed that the other charges would prove as groundless as tho one now in controversy before the House. He would ask the gentleman whether, in view of the evidence which had been submitted, he will roaffirm the statemonts which he bad uttered, or whether be would retract? Mr. Brooxs asked the gentleman whether he bad con- cluded his remarks ? Mr. Bourwrut replied that be had not. Mr. Brooxs said the gentleman in the commencement of his remarks assimilated him to a secessionist, and therefore he was not entitled to an immediate reply. Mr. B vrweit said then he understood the gentleman would neither reaffirm nor retract the statement, even on the evidence of the falsity of the chai Had the evi- dence made no impression on him? Did not the gentle. man comprehend it? Did he still persist? Was he still silent? id he no voice to reaffirm or retract the chai of General Butler being a gold robber ? or was the gentle- man yet destitute of the manHness to admit that he was wrong. Mr. Brooxs said that yesterday the gentleman from Pennsylvania (Mr. Stevens) had used language unbecom- ing his age and dignity, at least unbecoming the House, He had used the words “ vindictive,” ‘ malignant,” “outrageous,” “filth and slander,’ and “skulk,” becaus® the other side, or, he’ might say, both sides, did not wish to see property plundered by a commander of the army. hen two-thirds of the House yesterday suspended tho rules in order to permit him to make his remarks, the gentleman got up and severely lectured his own people. I was only sorry that the pecress said “the names of those who gay» the privilege were not recorded, so that the world might soc and point at them with scorn.” Talk of plantation manners! No overseer in Alabama or Georgia ever talked to negroes in astyle like that in which the gen- tleman addressed the republican mombers. For thirty ‘ars—ever since he had had any knowledge of Congress— o had never heard a member from the South address white men in the manner the gentleman addressed white men yesterday. The gentleman spoke of tho “filthiest eo. ejected from the stomach of malignant hate.” je did not know what vocabulgry the gentleman had been studying—he did not know what schools he had been attending during his vacation; but even in the Five Points of New York no such language as that is used. There are three gates In London somewhat renowned— Newgate, the gate of the prison; pplogate, Male of veri and Billingsgate, — the gate of fishwomen. gentleman must have stadied his vyocabul in all of these gates prior to coming here, delivering his lectures to his republican friends. on the democratic side.) There were In sewers which run out with mud, filth and garbage, the language did not rise to the dignity of parliamentary black; ism. The gentleman from Mas- sachusetts had sought to come at him with secessionists or their sympathizers = inspiring his remarks, He chal! the record. had never in any manner been _allicd to those who are disloyal and unfaithful to the and Stripes, He bad never been allied with Stars those who declared the constitution a compact with hell, nor with those who desired a new constitution or a new Bible, but wanted the constitution as it came from our fathers and this Bible as it was. Those opposed to this constitution and the Bible have inspired the causes which have led to this war, In this connection he allnded to say slave riots in Boston, and of the furnishing of pikes to John Brows to invade the State of Virgininia, to drive them into the hearts of innocent women and chil- dron. After the rebels fired on Fort Sumter they were his enemies as they were now. No man did so mach as General Butler to bring about disunion. He was always foremost in dealing with matters which led to hontility. At the Charleston Convention, which led to the breaking up of the democratic party, if Butler had been a prid “no man could @ acted moro offi- ciently and rendered a more faithful part in snndering tines to make kim Bremen’ “Gompere hi (ir. Brooks’) times ie mpare his (Mr. ‘) record with Butler’sl And now this man had sent him a Jetter, calling him a calumniator, in order todrive him from his seat. Both the gentleman frora Pennaylvania and the gentleman from Massachusetts had spoken of the services Gon. Butler had rendered to his count! He has said Brooks shed ink for his country, and so have 1 Neither has done any more, ‘No blood has been spilled; no snecessful battle has been fought by Butler; no thanks of Congress have been tenderod him. Big Bethel end Fort Fisher should be monuments of his dixaster. If New jones were born to be subjugated, it would be government and the Inwe of tho country. They were never to be over-tidden by Major Geaoral Butler. While in New York Batier staff, on horses, dieplayed themselves in front of the Hoffman House, on Fifth aventie, and attracted the attention which a company of eireuis riders would bave commanded in the amphithontre. (Laughter) The only good he did in New York was to run up the democratic majority to Hook thousand, The gentleman from Massa chosetts bad ald that Butler had had a command as ox tenvive as that of Hastings in Indian Tho British Parlin. ment arraigned Hastings, and he (Mr. Brooks) arraigned Butler hore. Hastings was the plunderer and robber of India, and Butler will Irave a similar name, He had not had time to look tnta the documents which the Rentle- man from Massachusetts had caused to be read; but, if he understood them, they disclosed the fret that certain money was extorted by’ thrents from a citizen of Sarn- toga. If Smith & Co. concealed their gold, they bub character O¢ Botler when paid ® proper tibule to the NEW: YORK’ HERALD, ‘TORSDAY, JANUARY 22° 1863." 6 - tenis —a——— they suyjposed they would bo plundered by him. Mr. Brooks then hurriedly reviewed the eeliencey, ing tho money Tint’ The Secreta and hence left it in the ry as money illegally taken, control and possession of General Butler. The De- partment would not undertake to indemnify him for the | avy beng, A So two yearsand nine mouths the gold been illegally retained. Butler, at the commence- menf of the war, was acriminal lawyer with no great renown, with no eases in court and with only moderate means. went to New Orleans in command of the army in company with a brother of his. General ' Butler was now known to have a large accumulation of money. The brother, after living in New Orleans, died in New York, leaving to the General an immonge for. tune. No other major general bad acquired such a fortune: The case was now in the Surrogate’s office in New York. Hoe would not renew his epithet, He would leave the record to go to the country, and the count would judge as botween himself and General Butler. Ho ‘was not to be silenced by the - of vindictive motives, He nover acted from feelings revenge. The name of Butler was bad in this country, but worse in Europe; there he is associated with Haynau. If he had given Butler an opportunity to ask for an investigation be ought to be thanked for it. it. Srevuns, (rep.) of Pa,. sald that when the gentlo- man from Now Werk rose be hoped he would do one of two thin,.., oither to admit his error or speak to the sub- Ject on which evidence had been taken. He might have ‘supposed what the gentleman. did yesterday was not in revenge; but possibly the gentleman did it from patriotic motives, and then he would have had nothing to say. Instead of speaking to the question, the gentleman had spoken of evorything else. The proper time of his marks applicable to the subject was as the bread to the sack of Paistate The gentleman who used every epithet of slander with a most foul songs ainst an absent man in the service of his country, who calls a major general a “gold robber” and “cotton speculator,” and as ‘‘dealing in contraband articles with the enemies of his country,” talks about language learaed in Newgate, Cripplogate and Billingsgate. In all the gates there isa gate which the gentleman will enter, and which I shall strive to avoid. (Laughter,) The gontloman who could hunt the purlieus of bawdy houses and seduction, who couid- take the testimony of prostitutes surreptitiously, put out the filth which he bad gathered, notwithstand'ng the select committee, of which he was a member, refused to allow the evidence to be heard; that stuff was put in what was called a minority report, and sont through the country. And this gentleman talked of Dillingsgate. I hope none of you will read the stuff. It stinks in the nostrils, Couper) He possibly owed an apology to the House for what he said yesterday. In condemning the opening of the floodgates of billingszate, which was done in the heat of debate, he may have used indecorous langua: His feelin had been modified by this day's vindication of General Butler. So far as it had been brought into review this morning, the evidence did full justice to General Butler. There was not a candid and honest man in this House who would dare to say the evidence was not a complite vindication from all the charges of the gentleman from New York. In addition to his charges, the gentleman brought into this House the corpse of General Butler’s deceased brother. This brother was in California before he went to New Orleans, In- stead of dying worth two millions, bis estate was not worth more than two hundred thousand dollars, If General Butler had only broken up the democratic part} he had done a great deal of service to his country; but if General Butlor was wrong then, ho was right now, and getting better every day, while the gentlman was getting worse. Did not General Butler seize Baltimore, and did he not afterwards seizo New Orleans and admin- jater its affairs to the satisfaction of every loyal man? ‘Tho gentleman talked about John Brown. He knew that Brown's followers were confined to a very few men, and the republican party did not belong to them. The differ- ence between John Brown and the gentleman from New York was this: while he (Mr. Stovons) had nothing to say incondemnation of John Brown’s sentence, yet thero were times in the history of man when there were such great evils that motives overshadowed all irregularities in the eye of posterity. The motives of John Brown were honest and uprigh ut he was mistaken in his means. When the gentleman from New York and himself should be mouldering in the dust forgotten or unpleasantly re- membered, the memory of John Brown would grow brighter through coming ages, and the freemen and freedmen of Virginia, in the time of some now present, would raiso in his memory a monument where his gal- Tows once stood. (Suppressed applause.) ‘The gentleman from New York need not flatter himself that General But- ler is dead; his patriotism and talents will keep him afloat. If the estion were put to the American people whom they would select for the next President, a majority would vote for General Butler. It was somewhat strange that the gentleman from New York, after slandoring onc of the great men of the nation, and using language fouler than was ever uttered by the mouth of the veriest drab of Billingsgate, should come hore and lay hold of the horns of the altar and ask for protection. Mr. Ixaxnsorz, (rep.) of Ill, explained his motives for moving o suspension of tho ules yesterday in order to allow Mr. Brooks to address the House. He desired to oO} the which was barred to General Butler, and either to allow the gentleman an opportunity to maintain his c! or afford his friends one to offer a vindi- cation. was an admirer of General Butler to-day, and was glad he had been triumphantly and successfully vindicated. He admired him for what had done at New Orleans and for his country; but he did not in the Charleston Convention. If the gentleman had thought per to assail General Butler for the Fort Fisher affair, ¢ (Mr. Ingersoll) thought he would also come out of that contest triumphantly. He should consider the note sent to the gentleman a challenge. He had confidence in the cou! of General Butler to repel such a slander upon him, jeneral Butler desired to call the gentleman to account, Mr. Goocn, (rep.) of Mass., here made a reply to a ro- mark of Mr. Brooks, in effect that General Butler had a most extensive practice in Boston, and a larger income than any lawyer in Massachusetts from his profession. Mr. Gox, (opp.) of Ohio, said the gentleman from Mlinois (Mr. Ingersoll), in his remarks, had made an im- plied attack on General Grant for having dismissed Gen- eral Butler. He wanted to know whether the favorite general of Illinois was to be maligned in this House? (Langhter.) Mr, I\@xnsouz was happy to believe that the gentloman and his party thought General Grant worthy of admira- tion, and would defend him even on the suspicion of his being assailed. Mr. Cox—Will my friend help me to defend bim against Major General’Butier himself ? ‘Mr. Inakrsor.—I will give him an opportunity to de- fend himself whenever assailed. Mr. Cox—What did General Butler mean when he said he had been removed from his command because he would not sacrifice his men like other generals? Mr. Stvexs—He nover said any such thing. Mr. Cox—I will read what he did say. Mr. Ixcrnsout—I hope you will not read all the address of General Butler, Mr. Scuxnck—I hope permission will be given, as my colleague go seldom addresses the House, (Langhter.) Mr. Uox—My colleague ought not to complain, con- sidering that he occupied the floor nearly all day yester- day. (Langhter.) ‘This is what General Butler said, namely :—I lave refused to order a useless sacrifice of the lives of these soldiers, and I am relieved from com- mand. Mr. Cox—What does that moan? Mr. Srevers—I don’t know, but I suppose he was re- lieved from his command? Mr. Cox—But that does not relieve the gentleman from his condition. (Laughter.) Mr. Incersont—It is not assumed that I intended to attack General Grant. Mr. Cox—Without intention. But attacks are so fre- quent they ought to be stopped. Does the gentleman want to catechise me? Mr. Iarxsoui—Not exactly, Mr. Cox—Was it not a direct stab at Goneral Grant? Mr. incensott—It simply means he did not assanit Fort Fisher; and in the second place he had been sus- perveded, and was going home. (Roars of laughter from all of the House.) r. Cox—TI acknowledge that my friend's explanation is entirely cannon (Renewed laughter.) Mr. Ixomnsotn concluded by saying :—I moved the sus- pension of the rules for another object. I desired to save to the bsg? great general, to Congress a great legislator. (Laughter. ‘The coped from the decision of the Chair was with- drawn. ‘the question at issue was thus ended, and the House adjourned. THE SMITHSONIAN INSTITUTION ON FIRE. Destruction of the Picture Gallery and Paintings, t Philosophical Instru- ments and the Originals of the Records id Archives, d&c. meee Wasmsatos, Jan. 4, 1865, ‘This afternoon about three o'clock, # fire broke out in the Smithsonian Instituto building, in the loft above the pleture gallery, between the ceiling and the roof, caused, it ts believed, by @ dofective fue. The ceiling soon fell in, and in a few moments the gallery was one sheet of flame, The fire, as it mounted the central tower and burst forth in fall volume from the main roof, was mag- nificently grand, and a curious spectacle was presented by tho steadiness of the revolutions of the snomoter, or ‘wind register, surmounting the tower, while the fierce flamo was ravenously mounting to its destruction. ‘The windows of the picture gallery soon burst out, @isclosing only the shell of the building There were somo two hundred of Stanley's pictures here. He had negotiated for their sale to the Michigan University. Only five or six of them were saved. The lows is very serious, including the lec- ture room, the philosophical instrument apartment and most of the valuable instruments. The offices in the towers and the originals of the private records and ar- chives of the institution were destroyed. The top of the Principal tower and several of the battlemonts fell. ‘Tho conflagration was nearly altogether confined to the main building and above the first story, the latter con- taining the museum, which was damaged. more by water than by fire. The wings and corridors were not much injured. The large Worary in the wert wing was not damaged. Tho furnitare of Professor Henry and other property was injured by hasty removal. The fall extent of tho lass is not yet ascertained. A strong military guard was in attondance. Great difficulty was experienced at first in getting water. At no time could all the steam fire engines have full play upon the flames, and it was late in the evening before they were under full control. SKETON OF THR SMETHSONTAN ENSTITUTION. ‘Thig famous building, partially destroyed by fire Yesterday afiernoon, is one of the most picturesque of the public buildings at Washington. It is looted eouth of Peunsylvania avonue, on @ goutly rising ill, wost of the Capitat bon'mat and io Of & beexsifat perk, whiow ,vt Temalne wafinishe. «6 w dull in the Norman or Ra ™manesdne style of architecture, of @ superior red sands ™* is four laundred and fifty feet front by one bundy 4424 forty in depth, and, boing embellished with niue oma “™ sive towers, from seventy-five to one bundred and fi,” feet in height, presents an imposing appearance. “Se did contain # lecture room capable of seating two thousand persons, @ large musewes for ob- jects of natural bistory, # full and complete chemical laboratory, a large gallery for statuary, paintings, &c., a library of over one hundred shousand volumes, a large pumber of which are exclusive ané copyrighted works, and the cabinets of the diferent United States exploring expeditions. The beikting, improvement of tho grounds, &c., cost over three hun- dred and twenty-five thousand dollars, fr the park om which the building is located is the anfinished’ national monument to Washington. The history of the Institution ts not less interesting’ than its description. James Smithson, its founder, was* the natural gon of the Duke of Northumbemand and Mrs, Elizabeth Macio, niece and heiress of the Duke of Somerset. During his childhood, and while a college at Oxford, England, he was known as James Lewis Macte, but on graduating with high honors and asplendid repulation as ap analytical chemist, he as sumed his father’s family name, and was ever afterwards known as James Smithson. His scientific pursuits oad chemical researches in after years greatly distinguistie® him. He published previous to his death eight very re markable papers on geological and chemical subjects, and his posthumous works embrace not less than twe hundred manuscripts, apparently intended as the basi of a philosophical dictionary. In 1826 Mr. Smithsow executed the will by which the United States subse- quently inherited his entire property, and with which the Smithsonian Institution was built The bequest was made contingent on the death withdut issue of @ nephew of Mr. Smithson. Mr. Smithson died a& Geneva in 1829. His nephow died childless and im testate in 1835, and the property descended to the government. A suit in chancery was necessary, how- ever, to obtain possession of it. This ended in 1838, after eighteen months litigation, and the net proceeds was paid to the United States agent, Hon. Richard Rush, of Philadelphia, in Euglish sovereigns, Theso were shipped to this country, and recoined at Philadelphia, notting in American coin tho sum of $515,169, It was not for several years after (1848) that a plan wad devised by which the magnificent boquest of Mr. Smith- son could be carried out. President Polk asked advice on the subject of many of the most prominent citizens of the country in a circular letter addressed to thom, The reply of John Quincy Adams eventually formed the basia of tho act which was passed by Congress in April, 1846, and which organized the Smithsonian Institute. By this act the President and Vico President, the several members of the Cabinet, the Chief Justice of the Supreme Court, the Commissionor of the Patent OMce and the Mayor of Washington were declared directors or officers of the insti- tution, A Board of Regents, or managers, composed of the Vice President, Chief Justice, Mayor of Washingtom and three members of the Senate, selected by the Pres- dent thereof, threo members of the House, scle-ted by the Speaker, and six other persons, not members of Con gress, was organized. This Board was empowered to elect from among its members a chancellor, secretary and executive committee, This formed the executive power of the institution. Provisions were made for the erection of the building, the decorating and furnishing of the laboratory, library, gallery, lecture rooms, &c., which had not been fully carried into effect at the time of the destruction of the building. Among the original Board of Regents were the late Chief Justice Roger B. Taney; Prof. A. D. Bache, of the United States Coast Survey Office, and Gen. Totten, of the United States Engineers, Of tho original Board only the two last named lived to see the destruction which has occurred. United States Supreme Court. Wasiatoy, Jan, 24, 1865, ‘The matter in controversy in the ease of the Bay State Steamboat Company, claimant, &c., appellants, vs, the New London Transportation Company, on appeal from the Circuit Court of the United States for the routherm district of New York, having been argued and settied by the parties, {t has been dismissed by the Supreme Court of the United States, each party paying Its own costs, The Court now has before it the case of the schooner Andromeda, &c., appellants, vs. the United Statea. The argument of this cause was commenced by Mr. Gillett for the appellee, continued by Mr. Coffey for the United States, and by Mr. Reverdy Jobnson for the appellants. Personal Intelligen: ‘The health of Major General John E. Wool, United States Army (retired), is said to be fust failing. Thie veteran officer is now far advanced in years, and keeps well to his official residence in Troy, spending most of his time fn retirement, in the preparation of his memoirs and other writings, the completion of which anterior te his dissolution’gives him the greatest possible anxtety. The life of the Reverend Eliphalet Nott, D. D., LL.D, President of Union College for the long period of sixty- three years, is drawing to its close. His infirmittes, always great for the past five years, seem to increase da'ly, wd he will not be much longer spared to look upon the familiar scenes he has known #0 long and gloriously, ae the eldest of the surviving educators of American youth. Prizes Cashed in All Legalized Lottor= jes and information given. J. 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