The New York Herald Newspaper, September 12, 1865, Page 7

wre - NEW YORK . HERALD, TUESDAY, SEPTEMBER 12, 1865, — ‘where parties did not have the twenty thousand dollars When Judge Fisher, of Mississippi, was presented, <‘So,"" said Mr, Seward, ‘you intend to pe Governor?’ Judge Fisher replied, ‘“‘Thatis yet to be decided.” In ‘Conversation with Colonel Fannin, of Georgia, reference owas had to Mr. Seward, of Georgia, and his recent visit to Washington; These and other incidents showed that Mr. Seward keeps himself thoroughly informed about ‘the condition of affairs in the several States, : Thus pleasantly did the evening pass away, so that it ‘may be emphatically termed a reunion. Mr. Seward ex- ‘pressed his gratification at the state of good feeling that ‘Prevailed, and, referring to the fact that there were sev- eral English gentlemen present, he said he was glad such ‘an occurrence had taken place, and that these gentle- men were with us to witness it. 9 MR. SEWARD TELLS 4 STORY. “ “He made a delicate reference to the effort that had ‘been made to assassinate him, and said he would tel! an eneodote. That when be learned it was the intention of the Boutherners at Washington to pay him their respects ho stated to the friend who informed him that he would be at home this evening, at eight o'clock. He then no- ‘tiled Mr. Frederick Seward that he would have a re- Ception this evening. “Reception of whom?” inquired he, “Of the rebels.”” “‘Uniegs it be a more agreeable reception of the rebels than the last one we had I would prefer not to be pre- gent." “Sure enough he is not present; but he is too unwell £0 be out’? , .Several gentlemen promptly said the assassination was mot the aot of the rebels; that true-hearted Southerners corned the act and despised the perpetrators, The foregoing are some of the incidents of the evening, ‘but not all. There were many gentlemen from the South Present, mainly from South Carolina, Georgia, Alabama ‘and Mississippi. All took part in the conversation freely, and ali wont away pleased with the great Secretary of State and other members of the President's Cabinet who ‘were present. Such free, frank and polite interviews aro calculated to do good. - SPEECH OF THADDEUS STEVENS. tion” the Seed of Rebellion. Thaddeus Stevens, momber of Congress from Pennsyl- vania, delivered aspeech in Lancaster, Pa., September 6, on the policy of reconstruction, from which we make the following extracts:— THE SOUTH THREW OFF ITS ALLEGIANCE. Four years.of bloody and expensive war, waged against the United States by eloven States, under a gov- ernment called the ‘Confederate States of America,” to which they acknowledged allegiance, have overthrown all governments within those States which could be ac- knowledged as legitimate by the Union. The armies of the Confederate States having been conquered and sub- -dued, and their territory possessed by the United States, it becomes nece: to establish governments therein, ‘which shall be republican in form and principles, and form a “more perfect union” with the parent govern- ment. It is desirable that such a course should pur- sued as to exclude from those governments Log ves- tig: of human bondage, and render the same forever impossible in this nation; and to take care that no prin- ciples of self destruction shall be incorporated therein. In offecting thisj it is to be hoped that no provision of ‘the constitution will be infringed, and no principle of the law of nations disregarded, ' Especially must we ‘take care that im rebuking this unjust and treasonable war the authorities of the Union shall indulge in no acts of usurpation which tend to impair the stability and permanency of the nation. Within these limitations we hold it to be the duty of the government to inflict -condign punishment on the rebel belligerents, and so weaken their hands that they can never again endanger ‘the Union, and go reform their municipal institutions as ‘to make them republican in spirit as well asin name. WHAT SHOULD BE DONE WITH THE SOUTH. We especially insist that the property of the chief revels should be seized and appropriated to th of the national debt, caused by the unjust at war which they instigated. How can such punishments be inflicted and such forfeitures bac without doing violence to established principles? Two positions have been suggested :. First—To treat those States as never having been out of the Union because the constitution forbids secession, and therefore a fact forbidden by law could not exist. ‘Second—To accept the position in which they placed themselves as severed from the Union—an independent government de facto and an alien enemy, to be dealt with ‘according to the laws of war. THE CRIME OF TREASON. The crime of treason can be committed only where the person is actually or potentially present. Jefforson Davis sitting in Richmond, counsel ing, or advising, or com- manding an inroad ‘fato Pefinsylvania, has committed no ovort act in this State, and-can be tried, if anywhere, only:in the Richmond district, The doctrine of construc- tive presence and constructive treason will never, I coy] pollute our statutes or judicial decisions. Select an im- fey jury from Virginia, and it is obvious no convic- on could ever be Possibly a jury might be packed to convict; but that would not be an ‘“impartial’’ jury. It would be judicial murder, and would rank in intamy with the trial of Lord Russell, except only that the one ‘was the murder of an innocent man, the other of a traitor. The same difficulties would exist in attempting forfeit- ures, which can only follow conviction in States pro- tected by the constitution, and then it is said only for the life of the malefactor. Congress can pass no “bill of attaindor.”” HOW TO BEGIN RECONSTRUCTION. What right has any one to direct a convention to be held in a sovereign State of this Union, to amend its. constitution and prescribe the qualifications of voters? Tho sovereign power of the nation is lodged in Con- Frost. Yet where is the warrant in the constitution for such sovereign py much less the Executive, to intermeddle with the domestic institutions of a State, mould ita laws and regulate the elective franchise? It would be rank, dangerous and deplorable usurpation. In reconstructi therefore, no reform can be effected in the Southern States if they have never left the Union. But reformation must be effected; the foundation of their institutions, political, aon and social, must be broken up’ and relaid, or all our blood and treasure bave been spent in vain, This can only be done by treating and holding them as a conqu Thon ‘all things which we can desire to do follow with logical and legitimate authority. As conquered territory 283 would have full power to legislate for them; for the Territories are not under the constitution oxcept 50 far as the express power to govern thein is given to Con- »gress. They would be held in a territorial condition un- til they are fit to form State constitutions, ‘republican in fact, notin form only, and ask admission into the Union as now Sates. If @ of their constitu. tions, and think thoy — they would be admitted as new States. If ir © tutions are not approved of they would be sent back, until they have become wise enough so to purge thoir old laws as to eradicate ver despotic and revolu- all have learned to tionary Petnetple—unti they si venerats the aration of Independence. I do not touch on the question of negro su . Ifinthe Union the States have long ago regulated and for the cen- tral govornment to int with it would be mis- hievous impertinence, If they aro to be admitted as w States, they must form their own constitution, and ‘Ro enabling act could dictate its terms, coul pres ribe the qualifications of voters while a Terri or ling to call a convontion to a government. is the oxtentof the or of Con- Gress over the eloctive franchise, whether in a territorial Or State condition. The President has not even this or any other er to meddle in the subject, except by advice to Congress—and they on Territories. Congress, @ be sure, has some sort of compulsory Lage by re- fusing the States admission until they shall have com- Plied with its wishes upon this subject. Whether those who have fought our battles should all be allowed to vote, or only those of a paler hue, I leave to be discussed in the future, when wap meg can take legitimate cog- of it. There are about 6,000,000 of freedmen in the South, The number of acres of ‘land is 465,000,000, Of this those who own above 200 acres each number. it 70,000 persons, ey the Cy meme oye? with the States—about 304,000,000 acres, leaving for all the others below 200 each ‘about 71,000,000 acres. By thus govern- beside their town le would re- forfeiting the estates of the leading rebels 894,000,000 of ‘act ati ment arse eater ro] mi nine-tent! man vnoucled, Divide th farms, Give, if _ wou ui from 304, 0h onven Divide it into suf ‘Didders. I think {i i B ous wi 2. Al $200,000,000 to the damage done to toa an Roa a ee ec , Pay the jue, bein ard the iy , being, 95) 000,000, THR NATIONAL DEBT, Our war dobt is estimated at from three to four billions of dotlars, In my judgment, when all is funded and sf pensions capil i, it will reach more than four ions, The intorost at six per cont, only (now much ore) payment of the mi we ‘ $240,000,000 ‘The ordinary expe it some years the ordinary of our army and navy will be... 110,000,000 Total seen seee eens s $470,000,000 Four ity millions to be raised by taxation! Our present heavy taxes will in ordinary Years, produce but little more than half that sum, Can cal parties should og yl a always be trusted with the repudiation. Decel: and into false measures, and it. We pity the whose'national debt and burdensome taxation ard deplored from our childhood. The debt of Great Britain is just about as ay adie four billions. But in effect it is but but three per cent interest. The current year the Chancellor of the Ex- choquer tells us interest was $161,806,000. Ou when all shall be funded, will be nearly double. The plan at least three-fourths fl be managed with our WHO HAS KILLED SLAVERY? said i ‘While I hear it everywhere that slavery is dead, I cannot learn who killed it. 'No thoughtful man bas pre- tended that Lincoln’s lamation, so noble in senti- ment, liberated s- sit slave, It excluded te all within our lines. No slave bose. operation a within any part oPthe rebel States in our or in Tennessee, but only those beyond our limits and be- x leclared So General Smith our were di convened Gina by 0 lamation! The Prosident did States. & the slave laws of any of the “Restoration,” therefore, will leave the ‘Union ae was”’—s hideous gin ‘aware that a very able patriotic gentleman, ned historian, Mr. Ban- croft, has attempted to place their freedom on different grounds. He says, what is undoubtedly true, that the ‘lamation ~~ did not free a slave. But he Ce Id, 101 1 OY by 4 grant from the government. Slav oxista by no law of the Union, but simply by looal laws. by the laws of the States. Rebellion t the national authority is a breach of no condition of their tenure. It were more analagous to gay that rebellion agai: State under whose laws they held might work a forfeiture. But rebellion Inst neither government would per se have any such et On whom would the lord para- mount again bestow the slaves? The theory is plausible, but has no solid foundation. “BESTORATION”’ THE SEED OF REBELLION, The President says to the rebel States, ‘‘Bofore you can participate in the sor eroest ou must abolish slavery and reform your election laws.”’ That is the command of aconqueror. That {is reconstruction, not restoration— Teconstruction, too, Pe assuming the powers of Con- gress, This theory will lead to melancholy results. Nor can the constitutional amendment abolishing alavery ever be ratified by three fourths of the Stat: if they are States to be counted. Bogus conventions of those States may vote for it; but no convention honestly and fairly lectedjwill ever do it. Tho frauds will not permanently avail. e cause of liberty must rest on a firmer basis. Counterfeit governments, like the Virginia, Louisiana, Tennessee, Mississippi and Arkansas pretences, will be disregarded by the sober sense of the people, by future law, and by the courts. ‘‘Restoration” is replanting the is of rebellion, which within the next quarter of a century will germinate and produce the same bloody strife which has just ended. ¥ ‘THE SOUTH SHOULD BE A REPUBLIC OF TOIL. If the South is ever to be made a safe republic, let her lands be cultivated by the toil of the owners, or the free labor of intelligent citizens. This must be done even though it drive her nobility into exile. If they go, all the better. It will be hard to persuade the owner of ten thousand acres of land, who drivesa coach and four, that he ig not degraded by sitting at the same table, or in the same pew, with the embrowned and hard-handed farmer who has himself cultivated his own thriving homestead of one hundred and fifty acros, This subdi- vision of the lands will yield ten bales of cotton to one that is made now, and he who produced it will own it and feel himself a man. THE BLAIR FAMILY. It is far easier and more beneficial to exile 70,000 proud, bloated and defiant rebels than to expatriate 4,000,000 of laborer. natives to the soil and loyal to the government. This Jatter scheme was a favorite plan of the Blairs, with which they had fora while inoculated our late sainted President. But a single experiment made him discard it and his advisers. Since I have mentionod the Blairs, I may say a word more of these persistent apologists of the South. For, when the virus of slavery has-once entered the veins of the slaveholder, no subse- Sed effort seems capable of wholly eradicating it. ‘hey. are a family of considerabla power, some merit, of Adinirable audacity and execrable selfishtiess, With im. petuous alacrity they seize the White House, and hold possession of it, as in the late administration, until shaken off by the overpowering force of public indigna. tion. Their pernicious counsel had. well nigh defeated the re-election of Abraham Lincoln; and if it should pre- vail with beg Sef administration, pure and patriotic as President Johnson is admitted to be, it will render bim the most unpopaiat Executive—save one—that ever oc. cupied the Presidential chair. But there is no fear of that, He will soon say, as Mr. Lingoln did, “Your time has come!"’ ALL DEPENDS ON CONGRESS. Is this great conquest to be in vain? That will ae- pend upon che virtue and intelMgence of the next Con- gress. To Congress alone belongs the power of re- construction—of giving law to the vanquished. This is expressly decided by the Supreme Court of the United States in the Dorr case, 7th Howard, 42. The Court say, “Under this article of the constitution (the 4th). it ‘Tests with Congress to decide what ernment is the es- tablished one in a State; for the United States guarantees to cach a republican form of government,” &c. BUt we know how dificult it is fora majority of Congress to overcome preconeeived opinions. Bosides, before Con- gress mects, things will be so inaugurated—precipitated— it will be still more difficult to correct. If a majority of Congress can be found wise and firm enough to dec! the Confederate States a conquered enemy, reconstruc- tion will be easy and legitimate, and the friends of free- dom will long rule in the councils of the nation. If re- storation prevails the prospect is gloomy, and “new lords will make new laws.’’ The Union oy will be over- whelmed. The copperhead party become extinct with secession. But with secession it will revive. Un- der “rostoration’’ every rebel State will send rebels to Congress, and they, with their allies in the North, will control Congress, and will oocupy the White House. ‘Then restoration of laws and ancient constitutions will be sure to follow, our public debt will be repudiated, or tho rebel national debt will be added to ours, and the people be crushed beneath heavy burdens. REBELS TO PAY THE DEBT. Let us forgot all partics and build on the broad y.at- form of “reconstructing” the govornment out of the con- quered territory converted into new and free States and admitted into the Union by the sovereign power of Con- gress, with anoth — te, of the rebels shall pay our national debt, and indemalfy freedmen and loyal sufferers, and that under no circumstances will we suffer the national debt to be repudiated, or the interest scaled below the contract rates; nor permit any part of the rebel debt to be assumed by the nation."’ YOUNG MEN MUST DO THE WORK. Lot all who approve of these principles rally with us, Let all others go with copperheads and rebels. Those will be the opposing parties, Young men, this duty de- volves on you. ‘ould to God, if only for that, that I ‘wore still in the prime of life, that I might aid you to fight through this last, greatest battle of freedom. Brooklym City News. RSCAPE OF A NEGRO FROM THE QUEENS COUNTY JAIL—HE COMMITS AN OUTRAGR ON A RESPBCT- ABLE MARRIED LADY. A notorious negro, named Horace Aleck, who was serving a term of imprisonment in the Queens county a citemont; men rushed to feoured, Dut the villain hpd wooseded scoured, but the villain in shaves full Line fend, ea hapa {mponaibility for h to samaye lend, an is an for him a It is to bo that he may be red and made to pay the penalty of his infamous NARROW ESCAPE FROM DEATH. . Two men, named John Ryan and Thomas McLaughlin, while engaged yesterday ‘norning in placing braces into & sink that was being to carry the waste water from a brewery in iklin avenue, were buried benoath a huge mass of garth and masonry. Mr. Mal- colm, the owner of the building, chanced to see the acci- dent, and almost instantly summoned all his workmen to the rescue, and, after @& few minutes dextrous dieging, both men were taken out of their perilous position alive, but considerably injured. They were removed to their homes and their wounds dressed by a physician. CORONER'S INQUEST IN THR CASE OF OkORGR HL PARKER, Last night Coroner Barrett held an inquest at his store, 212 Grand street, Kastern District, in the case of George HL. Parker, who died, as was su} from injuries re- ceived on board the steamship Queen tast month, Dr. Creamer submitted the result of a post-mortem ared that ly Chagres examination which he made, when it ba di fesulted from natura] causes, probal fever. Verdict accordin gly. Broapwat Treatae.—Othollo was played here last night, with Mr. Charles Kean as the Moor, Mrs, Kean as Amelia, Miss Chapman as Desdemona and Mr. Cathcart as Tago. The house was, as usual, exceedingly full, and of course uncomfortably warm. Mr. Kean ronders the Part of Othello with a quiet, a reserve, a dignity, that is certainly more consistent with the charnoter than the fury with which it is usually given. He realizes the character well in this respect, and in his dress and bear. ing presente it finely to the eye. In many pointe it is his most successful Shakeperian charanter, and yet it is the one In which his voice is most against him. Mr. Cathcart played Iago admirably, giving very even and satisfactory interpretation. The perfo 9 THE WIRZ TRIAL. The Defence Short of Wit- nesses. # The Frisoner’s Counsel State that the Witnesses Summoned for the De- fence Have Been Induced to Testify for the Prosecution. The Witnesses Declare They Have Done so to Shield Themselves. TESTIMONY OF MAJOR GENEBAL WILSON. Circumstances of the Capture of Wirz. &o, &o, &e, ‘Wasarverton, Sept. 11, 1866. After the recora of Saturday had been read, Mr. Baxen brought to the attention of the Commission a matter in relation to witnesses for the defence, which he thought {t would be better to attend to ‘at this time. The Judge Advocate had suggested to him that it might be a subject outside of his own authority, and therefore properly be- longed to the Court. Some time before this trial com- menced the gentlemen who were then acting as the pris- oner’s counsel requested that a number of witnesses for the defence should be sent for, and on their application this was done. Some of them could not be found, and others, who were found, had not yet reported. The rea- son for this neglect the counsel for the defence did not know. Since the trial had been progressing matters were developed which showed the hecessity of other wit- nesses being summoned, in order to meet new points brought out inthe trial. Those witnessesjwere scattered, ‘mostly in Georgia, and may be found in a few days; but in some places there were no mails or other means of reaching thom by written eommunications; therefore it ‘was not probable they could be reached by the time they were wanted to teatify in this court. Under these cir- cumstances it was for the government to say whether the defendant should have the facilities which the gov- ernment could afford, or whether he must be deprived entirely of those witnesses. It was an absolute necessity that the defendant should have the witnesses in this way or not at all. The counsel believed this defendant could show an ample defence. This was th cere belief, and it was for them to ask that the prisoner have the means of making his defence. If it was within the jurisdiction of the court he asked that a messenger be despatched with subpoenas for such per- sons, whom he felt it absolutely necessary to summon for the defence of the accused. The Judge Advocate had shown every disposition to procure the attendance of witnesses, so faras making out subpmuas was con- cerned, and so far as it was within the means of the de- fence to give their namer had been required by tho Judge Advocate, Some ~3 or seventy were in New York. After sifting them they had come to the conclu- sion that only seven or ten of them would be re and now that the trial was approaching an eng cated that the wit! he had asked for were abso- lutely necessary for the prisoner's defence. They would not put the government to any unneacssary expense. So far as relates to New York, Richmond and in the noighborhood, the witnesses would be sent for at the ex- pense of the defence. But further South, there being greater difBoulties and increased expenses, it became ab solutely necessary that the government should grant the accommodation in the manner requested. , He (Mr. Ba- ker) would be ready with the Mist of witnesses to-mor- row, in order that the messenger might leave at once. Judge Advocate Caremay replicd that the court were aware that from time to time he had urged that the rulo be complied with, namely, that a list of witueases be furnished. That ‘had not’been fully done; and this morning the court was called upon to inéet the request of the counsel that another special messenger be sont South. He said four weeks ago that one would be de spatched to secure witnesses, more for the defence than for the prosecution. Those for the latter were mainly here, At the time the bailiff went to the Old Capitol Prison, and after the defendant had been furnished with a copy of the charges and epocifications against him, a list of witnesses was made out by the prisoner, super- vised by Messrs. Hughes, Denver and Peck, at that time his counsel, to which was attached this endorsement by Captain Wirz:—The above named witnesses are all I ein my case." All of these witnesses, excepting four or five, were here, Their absence was accounted for by the fact'that several are in Europe and the others in Texas. He had only to say that if, in the progress of this trial, it was believed by ‘the counsel for the defence that additional witnesses were necessary, it was only fair to the government that the counsel should give a list of the witnesses and where they could be found, and also what they expect to prove by them. He asked that there be no delay and no unnecessary ex- Penses to the prosecution in this matter. The govern- ment was trying to do what was fair, Witnesses in the South could be procured by telegraphing to the nearest military posts. On Saturday he subposnaed forty wit- nesses for the defence, and placed postago stamps on the envelopes for mailing.” As fast as the counsel had fur- nished him with the names of witnesses he had issued subpornas. Fle did not know what more the government could do. Mr. Baxgn said it might be well, in reply to the sugges: tion of the Judgo Advocate, to call attention to the fact that many witnesses who had been subpanaed for the ired; ere: defence had been examined on the part of the govern- ment, and sometimes witnesses complained that im per language had been used to them to draw out of them something for the prosecution. He hardly believed the Judge Advocate would attempt to use the influ ence of the government to frighten or press out of our witnesses anything for the prosecution, and he would not charge it. But the witnesses came here under very peculiar circumstances. Many of them fvc! it necessary to say and do all they can to leave a favorable impres- sion with the government officers and to show the ir friend. ship or good feoling to the government. Wii nesses remarked to him, when he asked them how t! ould testify—“Why, do you suppose I will leave anythin: un- done to save my own head?” This, Mr. Baker said, without requiring any pressure on the part of the off of the government, would account for the witne se moned for the defence appearing willing, as the Judge Advocate said, to testify forthe prorecution. Mr. Baker, in continuation, remarked that the absence of the wit- nesses referred to necossitated the presence of others to fill their places. With rogard to th estion of the Judge Advocate that he should make a lavit of what he proposed to prove by each witness, he really could not doso for want of time. The court would have to iro for a week to enable him to do #0, 0 Court, after deliberating with closed doors, an- nounced its decision relative to the witnesses—viz: ‘That the defendant should present to the Court affidavits to the names of the several witnesses, their places of residence, and reasonable nds that they can be found; and, secondly, to the facts he expects and be- lieves he can prove by each of them. From this the Court may determi the materiality of tho evidence, and order the witnesses accordingly. Mr. Baker said the Court understood from his remarks that with all the timo the counsel could give to this sub- they could not, with their other duties, now draw ‘Up separate affidavits, He was willi , however, to do Anything in his power to give the prlooner.w fair de- fence, and must from necessity, after the hhad closed, ask for a few days in order to attend to what the Curt required, even if he had to work day and night, 80 that the subpanas might be sent as soon as le. ba Mes Beek Bhd BA time now than after a while; and not when the ecution is closed. ‘Bhat involved time to make the ethaavitn and to send @ messenger to Texas and elsewhere. they had no witnesses beyond New Mr. Bamen re The Court said they were di to Ld. mg was Tinothor they shoult do after a wi Mr. Baken suggested that if they waited until after the ition had ended many things would have been 2 Aad could provide in their sum- moving of witnesses. the court adjourned now the Counsel would lose a great deal of time. But after the prosecution closed the counsel must have time to look over what the government witnesses had testified to, ‘and if they had an opportunity could confine the witnesses for the defence to ints. what the pri- to prove must be ded _ to the name witness, or the prisoner could state bis belle’ said the President of the court, bei ew that lawyers always shaped the ai Major General Wartace—And there are two of you. General Braco said the counsel must have boen 4 Prised of the names of witnesses and what they would swear to, or else the L gg was made in bad faith, If the defendant found out the names of the witnosses all that was necessary to be done was to consult with the defendant and draw out the facts which he expectod to prove by those whose names he banded tn this morning. Mr, Baker re that it required time. The Court could give it to him by adjourning. He must bave time to know how to shape things. Major General Tromas said this question was pretty well opened the first week. He knew tt as well then as now. He knew what the defence would be, and it was too late to ask the Court for further time. Mr. Baxen—I only asked the Court to send a courier, The Covrt—You the ruling. Mr. Baker repeated what appeared to his mind to be the diffieulty in the way, General Brago—How long will {t require you to draw the affidavits? Mr. Bakern—Two or three days, working steady. There are twenty or thirty witnesses. { could state generally what wo expect to prove, and do this at the Judgo Advo- cate's office with the aid of a reporter. This could be done without an adjournment of the court. The Covrt—Vory well; the question is settled Judge Advocate Crrpman requested that a portion of the time; 80 now oF ‘The Court replied that an affidavit as to soner of eacl Mi Mr. Baxen said he would not have the Judge Advocate reat under a wrong im ‘The official Kku—There’s no reflection there. ‘The Jupam Apvocare—Tho ‘o Tt censures the Judge Advocate, and a clear inference that the counsel bolieves that they in the minary es I = hole thi be false; the peice arenes. T pevmounee the wi 5 the nary examination was conducted tie Major Homber and myself, and mado with all fairness and courtesy, and in the. presence ef the officers of the court and reporters and witnesses. I do not recollect of any such case, and I am sure nothing has occurred to justfy the remark which I pronounce false. 1 ask the Court to order an inv. tion, so that the counsel may sustain his peem, nae thet ine oftner or officers Fag on e particu ‘eoting unprofessionally ma with by this Court. ‘thie is due to the ‘Jodge "Advocate, Major General ‘We should know the mames of the witneases referred to by the counsel. Mr. Baxer—I thought I was caareful in the im- pression of the witness’ tallto me. I Iwas very careful not to leave any impression that the Jud, Advocate could be sultyspt any such thing. It may el for mo to say thafl have too high an ot the Judge Advocate to believe he did such thing; but when witnesses come here they feel those restraints which wo cannot feel, because we are not in their I must let them go for what they are worth.» Ido not think the Judge is guilty of this thing, and I want no such construction put upon language. jor General Sela oss oeeree @ charge, not only against fudge Advocate, but against some person connected with the nt; and ‘not made in the form of a charge by the counsel of the defendant,4t comes at loast in an accusatory statement from witnesses. If the things stated are true, it is cer- tainly in the power of the counsel to give the names of the witnesses. Mr, Baxer—I don’t know them. Major General Wattacs—It is unnecessary to have an investigation aa to whether any improper attempt has been made by persons betonaing to this court to influence witpesses in their testimony. It is an impeachment in- directly of the Judge Advocate of the court, and an im- peachment direct of the government in whose name this prosecution proceeds. For my part I think the motion of the Judge Advocate eminently proper. After further conversation by members of the court General Braga said as Mr. Baker made the charge he was under obligation to substantiate it. Baxer—Youtare a lay h » and therefore know what the usual courtesy is, I thoughtI guarded my lan- guage very carefully, General WaLtsce—If any officer has used any improper means to influence witnesses you may be sure he will be punished. ihe Baxer—I have at no time charged that any officer connected with this court is guilty of any such thing. Major Gencral WaLLace—We understand you then to retract. Mr. Baxer—I retract any inference that the Judge Ad- vocate did any such thing. Major General Wattack—Or any bor Mr. Baxer—Why, surely, I canno! The Jupas ‘Apvocate—t hope you by. R r, Baxrr—I make no charges. Judge Advocate Cureaax—Cortain journals adverse to the government have gathered up just such charges inst it and the court. Unless the officers demand some proof of the truth of the charges which have been made here so flippantly, the Judge Advocate must rest under the imputation. Unless the counsel should retract altogether the court should demand the proof. Mr. Baxen—If the gentlemen can find the charges, let them do 80, Judge Advocate Carrsax—You say improper influences have been used. Mr. Baxer—The reporter has got what I satd. the language of witnesses. ‘The Court—We want to know who the witnesses are. Mr. Baxi How can I know? They take me aside and tell me. There are no charges made. Ihave denied any intention or thought of making charges. Major Goneral WauLacz—We are to infer from your remarks that you used your language with care? You must have matured it. ° Mr, Baxer—By reading my remarks it can be seen how careful I was. Major General Wattace—You cannot, then, give ua the name of a single witness? Mr, Baxer—I know none of ny own witnesses, except two or three. Judge Advocate Carpman—Such remarks did not come from any soldiers who had been at Andersonville. Mr, Bawgr repeated the exceptiouable remarks had been made by & couple who caught him by the arm. He meant no disrespect by the repetition, but merely men- tioned them in illustration. Major General Guary—There are but two classos of witnesses; to which one did they belong? Mr. Baker—I don’t know; I did not ask whether they were witnesses for us or not. Several other members of the court took part in the conversation. Major General Wantace—I suggont that the court give until to-morrow morning to enable the counsel to furnish the names of the witnesses. I Mr. Baker—If I can think of the name of the witness will, Major General Wattac®—If such language is used it is proper you should call owr attention to it. Mr. Baxer—If I can I will furnish the name. TESTIMONY OF GENERAL, WILSON. Major General Wilson was called to the stand. He testi- fied that he was a Captain of Engineers and a Major General of Volunteers; he had been operating in Alabaina and Georgia with a cavalry corps in the military division of the Mississippi; ho was now stationed at Macon; the rebels during the war drew supplies from Central’ Aln- bama and Georgia which could have furnished sufficient supplies to Andersonville; there were ample means of aording comforts to the prisou, whict he examined about the 1st of July; he saw the remnants of only ten It is sheds; the barracks forthe troops were fair; shelters | could have easily been erected forthe Union prisoners; there was plenty of timber in the neighborhood, just such a place as the troops would like to jencamp in for wood and water if they wanted to winter; it would not have been necessary to transport timber more than a mile; there was plenty of biack labor in the country; the’ difficulty was in getttng rid of the negroes; thirty mon a day would have cut, wood enough for 15,000 men ; in winter the allowance of wood in the army is just double what i@ is in summer; and, therefore, sixty men in one day could have cut enough ‘for 15,000 men in winter; on his arrPval at Macon bis first inquiry was as to the condition of the Andersonville prison, and who was responsible for it; he sent two officers there; he sent Licutenant Vanderbook and Captain, now Major, Noyes; on their return they reported that,the men Wirz was still there; he immediately ordered Major Noyes to return and armpst Captain Wirz, which he did, and brought him to Macon, whore ho was kept several days, when he was brought before him; he was then re: manded to prison, and be requested that he might be brought ‘to trial; no protection was ever granted to Captain Wirz, through General Wilson, who ordered hie arrest for the purpose of bringing him to trial, and excepted him from the benefit of the capitula- tion of Johnston to Sherman. Tho w.tness gave a par- ticular description of the grounds of the Andersonville prison, stating that tho prisoners had generally burrewed in the’ ground for shelter, particuiarly on the hillside; their holes were about the size of the ordinary shelter tents, holding two or four men. On the croas-examination he said he stepped down into several of the excavations; he saw vo tunnelling under the stockade; ho wrote a letter simply saying the man Wirz had been arrested, and that he believed him guilty of the infliction of pumtebment on prisoners at Anderson - Ville, and that the miscreant be brought to justice, in order that tho whole thing might be Investigated; he wished the Court to undorstand he bad great latitude as to power; he was there to do as he pleased, and as the in- terests of the government required; there were seven hundred and fifty Unige prisoners at Andersonville when he reached there; they-were nothing but shadows, and could not be moved without endangering their lives; many died after they were brought into his lines, By Major General Grany.—Did you offer any safe con- duct for Captain Wira’s return? A. No; except to pro- tect bim until I delivered him into such hands as the Secretary of War migh@ direct; my officers said they had risked their own liges to protect him; and but for Mi Noyes, the post guard at Chattanooga would have killed him, BXAMINATION OF WILLIS VAN BUREN. Willis Van Buren was cross-examin: id said he , ing. vent by the Sanitary Commission, oa rebel soldiers, RXAMINATION OF GRORGY WELLING. George Welling testified as to the resources country in and around Andersonville, EXAMINATION OF PATRICK BRADLEY. Patrick Bradley related what he had séen at Anderson- ville in the mattor of cruelty. EXAMINATION OF JOHN H. PIS! of the John H. Fisher (colored) and Honry ©. Lult also testi- ents in the same locality. adjourned. The Nova Scotia Go! THE MOOSELAND COMPANY FALSR CHARGES—JUSTICR DOWLING DIsMIseRS COMPLAINT. Tho examination in the case of Mr. Charles J. An- thony, @ wealthy gentleman of Worcester, Mass., re- cently arrested on the complaint of Edwin 8. Barrett, Keq., who charged him with having, by means of false and fraudulent representations, cheated him (Barrett) out of fifteen thousand dollars, was to have been resumed before Justice Dowling at nine o'clock yester. day morning, but was owing to the non. appearance of the com ant and bis counsel. Tt will be remembored that in aMdavit Mr. hte who was acting as the agent of ox-Governor Gilmore, Now Hampshire, cht a that he had been induced by Mr. Anthony to invest fifteen thousand dollars in certain 1d property in Nova Mooseland known as the jd Company; that the ing five hundred dollars a "% i 4 pay’ ko. Mr. charged that the representations of Mr. Anthony in rela- tion to the Mooseland Company were false cod ‘untrue. Mr. Anthony was beld {n fifteen thousand doliars bail for ‘amination, since which time he has been extremely anxious to have the case disposed of. Justice Dowling yesterday rendered the following decision The complainant and bis counsel not appearing in pur- suance of the adjournmeng, which was at nine o'clock A. M., and on motion of Mr. John Sedgwick, counsel for the defendant Anthony, the complaint herein is dismissed ‘land the bond cancelled, JOSEPH DOWLING, Police Justice. New York, Sept. 11, 1865—10 o'clock A. M Returning Veterans. THR SMOOND MASSACHUSETTS HRAVY ARTILLERY. Tos iy was This regiment, one thousand and twenty-four strong, under command of Colonel Jones Frankle, arrived at the Battery Barracks yesterday, and left for ‘Boston in tho They come direct from Fort Onswell, North afternoon. Carolina, and went home by the Neptune line, THR ONK No. 4; of 20 oe pty HUNDRED AND SIXTY-FIFTH NEW YORK. Tho above regiment, which arrived home from Charles- Meeting of the Commissioners Organt- zation of More New Compant\*—Ap- Pointments, Transfer end Ims'ove- tions—A New System of Uniforms—<'on- tracte=Fire Telegraph—Applications, éc., dio. At the regular tri- iy mocting of the Board of Firé Commissioners, in 's Hall, yeaterday afternoen, ‘an unusually large number of spectatora were.in attermd- ance. The private committee rooms of the Commiasion- ors, in the upper story, were besieged in theearly hours of the afternoon by department attaches or aspirants. It appears the real business of the Board is transacted in these committee sessions, each ‘committee’ being simply all the members of the Board under a specific chairman, ‘The reports, moves, &c., being all ready for the public gaze, the four Commissioners organized in the lower hall, approved the minutes of Friday, and in a very few minutes the of Secret Gildersleeve and the re- le of “‘communica- yabstance we give From Chief Ei transmitting expulsions and resignations from No. 42 and Nos. 25 and 21 Engines, Referred to Committee on Appointments and Disotpline, Chief Engineer required sundry articles in his department. rred to Committee on Supplies. No. 30 Ei ine changed for ine Company wanted engi horses. Referred to Committee on Apparatus. Com- mittee on Discipline was directed to see about expulsion matters in Hose No. 44 and in Hook and Laddor No. 7. From Volunteer Hose Company No. 28, saying they had of their furniture and wished to be dis- char, Referred to Committee on Appointments. From one hundred firemen of Third and Fourth dis- tricta, asking to be organized under the Motropolitan systom into an engine company, to be located in house of Hose Company No. 89. Referred to Committee on Am No. 3st Engl Iaint against members m No. ine, complaint inst members, Roferred to Commitite of Discipline: From Isaac Edwards, Eien aperines, asking leave for sprinkling Bloomingdale road. To Chief Engineor. The tary was empowered to supply H. Jon 55 Engine, with exempt badge. From No. 30 Engine, naming candidates for offices. To Committee on Ap- intments, Resignation of James Ahern, ongineer, of Engine, was received. Commissioner Apux, for committee, then presented a resolution honorably dehenniog members of Nos. 28 and 51 Hose, and Nos. 16 and 12 Hook and Ladder in good standing on 20th inst. Adopted. NEW COMPANIES. The following resolutions were also presentea oy Mr. Asss ‘for Committee on Appointments, and were adopted :— Resolved, That an ine —— be formed, to be known as ‘Metropolitan Company No. 8, and stationed in the house of Hose Company No. 51, East Fiftieth street, and that the following appointments be made :—George Jarvis, stoker; Albert Horner, driver; W. H. Brown, C. Pye, 6. H. Groves, T. Harrison, W. Beaman, C.’H. Smith and J. Egan, privates That a Hook and Ladder Company be formed in the house of Hook and Ladder Company No. 12, in Thirteenth street, to be known, as Metropolitan Hook and. Ladder Company No, 8, and that the following appointments be made therein :—James Timoney, Foreman; John McCue, Assistant Foreman; T. G, Hanail, driver; Mr'Kelly, W. G. Mullen, J. Horn) J. Healy, J. W. White, J. Hewme, J. MoGee, J.’H. Hi and’J. Thompson, privates. That “Metropolitan Hook and Ladder Company No. 2"? be formod in the piace of Hook and Ladder Company No. 16, on Lexington avenue, and that the following ap- pointments be made therein:—Andrew C. Brady, Fore. man; Jobn Rourke, Assistant Foreman; Ernest Keiser, driver; Archibald Calvert, Tellerman E. Story, R. Amos, R. Hamblett, E. Smith, M.D. Tompkins, L. Brower, J’ Berry add J. H. Voss, privates. Commissioner Exas, for committee, presented report and resolutions, aa follows: Resolved, That the companies horetofore organized be named as follows:—In house of No. 3 Hose, as Engine as Engine No, 6; of 22 Engine, as ‘Hose, as Engine No. 10, of the Metro- Engino No. 7; of politan system, APPOINTMENTS. Commissioner Avns, for Committee on Appointments, reported the following resolutions, which were severally adopted :— That John W. Regan be, and he is hereby, appointed driver in Metropolitan Steam Fire Engine Company No. 6, in the place of Benj. Haliday, doclined. ‘That Louis Flock be, and he is hereby, appointed fire- man in Engine Company No. 6, in the place of John Mul- ba declined. ‘hat Richard Hurxthal be, and he is hereby, appointed fireman in Metropolitan Hook and Ladder No, 1, in the place of Owen J. Higgins, declined. That Edward Hogan be appointed stoker in Metropoli- tan Steam Fire Engine Company No. 7, in the place of Levi D. White, declined, ‘That John Gourley be appointed in Motropolitan Steam Fire Engine Company No. 7, in the place of Wm. J. Lines, resigned. That Martin O'Heny be appointed fireman in Metro- politan Engine Company No. 10, in place of Francis Mur- ray, not found. ‘he scale of salaries is as follows:—Foreman, $900; assistant foreman, $500; engineer, $750; other ‘officers and privates, $700 per annum. The district engineers, receive $1,200 and department clerks $1,000 per annum. CONTRACTS. Commissioner Brow prosented report of committee recommending that the Board contract with Edward Gridley for the alteration of the house of Hook and Lad- der Company No. 11, in Clinton atreet, for the sum of twelve hundred and fifty dollars. Also report recommending contract with Stephen Knapp for the alteration of the house of Engine Com- pany No. 9, in Marion street, for the sum of sixteen hun- dred and fifty dollars, Both’ of which were adopted. THE METROPOLITAN UNIFORM. Commissioner Anne, on behalf of the Committee on Discipline, reported the following regulations regarding uniform :— ‘he uniform of the officors and members of the Metro- politan Fire Department shall be as follows, to wit:— Chiof Engineer—Red flannel! sbirt made donble breasted, with turn over collar; dark blue pilot cloth Ore coat, in length to reach to and not below the knee, with pantaioons of the same material; white fire cap of the New York cone style, with white front and a do- mn it of a steam fire engine in the arch above, initials of the wearer under; lettering to be in ce and the gilt. First Assistant Engineer—The same in all respects as the Chief Engineer, with the word ‘assistant’ substituted for ‘chief’ on the cap front piece. The District Engineers sball have the “engineer” on the front piece, with the form same as the chief and assistant. Engine Companies—Uniform of foremen and assistants shall consist of a blue Gannel shirt, double breasted, with turn-over collar, dark blue pilot cloth fire coat, in length to and not below the knee, with pants of the same ma- terial; black fire cap of the present New York cone style, with white stitched fronts and black letters, the letters “M. F. D.” in thearch of the front, with the title of ition immediately underneath on a straight line, num- yr of company in centre, and initials of wearer at the bottom. ‘The steam engine stoker and driver shall be tho same in every — excepting the color of the cap front, which aball be on a black ground with white le The privates’ uniform shall be the samo in overy re- spect a8 that of the steam engine driver and stoker, ¢: Cepting the title of position shall be omitted. Book and Ladder Companios—The tniform of officers and members shall be the samo as those of engine com- panies, excopting the cap fronts, the addition to which shall a device of a hook and ladder crossed. The drivers’ cap fronts shall be of a red ground with white imple word t of the uni- lettoring, in the same style as those of engine compa- nies. @ privates shall have red fronts with black lettering. The report embodied the following resolution: — Rosolved, That it shall be the duty of the Chief En- ineer to see that the foregoing regulations are carried nto effect as fast as companies are organized by this rd. All of which were adopted. FIRE TKLRORAPH. Commissioner Pinckyey, for committee, presented & report, with the following resolution :— ved, Tha: the implements and telegraph appa- ratus belonging to Hose Company No. 20 be purchased for the use of thi: departmont, and that the sum of two hundred dollars be and is hereby appropriated for that . Adopted. the ine nog disposed of the Board adjourned to ay. cee REFORMS. In 2 fow weeks the Board expects to have the - ment in a tolerabl; state of organization. ere ‘are some forty buildings already in the hands of me- chanics, and each will at an early ‘be ready to accom- modate a metropolitan company with horses and ir tenances. Measures are on the tapis regarding the intro- dustion of the alarm as & substitute for the bell The alarm for 0 was the sign: rion proar, caused by innumerable smail boys and idlers poet, who came go weg Bleecker and other neighborin, streets, their ings and reck! causing muc! nectanee and confusion to citizens. this * 4 every ire, and it is hoped the telegraph syste: calling only those who can be of service, wht preclude that nuisauce. APPLICATIONS. The metropolitan system {s now receiving the active co-operation of the ex veterans of the old de- partment, and there is no longer auy difficulty in procur ing proper officers or men for the new compa! ie enormous number of six thousand applicatio ent or ‘ive tions are, we are infe resent fled’ In tue of the Commissioners, and jobbying a marked e rations on meeting days aro becoming quite ire in Fitemnon’s Hall The John Street CORONER'S INQUEST, OVER THE REMAINS OF JOHN FILLO—VERDICT OF THB JURY. Coroner Gover yesterday held an inquest at his office, No, 4 Centre street, over the remains of Jobn Fillo, the man who died in the New York Hospital from the effects of burns received at the fre at No. 16Jobn street, nearly a The testimony taken tn the case of Minn catharine Sleeves, who also lost her life at the same fire, was read to the jury, after which the Coroner sub. mitted the case, and the jury returned a verdict as fol- lows:—That the deceased came to his death by burns recetved at the fre No. 16 John street, on the 26th day of August, 1865; and we further believe said fire oocarred by spontaneous combustion of colored signal fight, which were manutactured by Mosars. Wdge & Co., o Jorsoy City, pyrotechnists ; and we furthor censure Messrs, hugo 'k Co for not cautiously manutacturini said light; ‘ve further recommend the Common Council to anal ordinance for storing and keeping of gun- works, making @ violation of the sane + she are steeteteneiietion Sih an the present powder ang PPassnecoe ite Acapauy.—The divine art of musiches ven (0 that of diablerie at the Academy in Irving place. Whatever fascinations this piace may have had for- merly, it was quite evident last night, from the crowded and fashionable audience present, that the renowned Prestidigitateur is immensely popular. Hermann ig, Be yond all question, the prince of conjurers. Some thins he is the Prince of Darkness. We must do the gentlemam the justice to say that he repudiates emphatically the latter title, and vory honestly confesses that he produces hts’ astonishing tricks without any aid from below. We upon bim for the pleasure he afforded them. tor Cannot confer titles they honored ‘y & numerous attendance and the menstrations of delight. Hermann hav been Flowery Kingdom ané other countries of J learnod ae es famous dob ; comfurers there; has uj them. After an absence of several a intey with an entirely new proers Fy itt t f af Sag 3 a Hf a only of the many of his astonishing performances. conception can be formed of them except by seeing them. Bo.urroo Exuramon. —An exhibition of a pecaliar ang’ interesting nature was inaugurated last evening at Dod- All the major treasures of the animal, vegetable and mineral world have been brought forward to gratify the curiosity of man, and, still unsatiated, the: bullfrog must be separated from its mate, must be takeat’ trom its spawn covered habitation, and in cages exposed: Hundreds of those, no doubt, interes#! were critically @x- to public view. ing animals, in moss strewn amined yesterday by ips in many cases leas intellectual, beings. largest of their kind, in fact the largest we have ever seen, eyed their admirers with an equal interest to thas® felt by them. ‘Jug o’Rum,” the largest; ‘“Nicodemus,"* a Jewish frog, probably, and ‘Hullabaloo, Trish origin, croaked amid waterfalls and pegtops, while their kindred, so- are familiar with ,”” of undoubted — the habits and peculiarities cording to Darwin's theory. the ballad of “A frog he would a wooing go," and hize with the animal under the dif™- have encountered during his court- ‘ined him so formé- me are incredibly many can sym) ship, but we venture to say few i dable a creature as he appears to be. large, and excited the unfeigned admiration of the frog- eating Frenchman, while others are 30 small as to render them useless for cooking purposes. Green frogs and frogs alike sat entranced with the music of a piano whi ered by an expert performer. yw, the proprietor, to give to the owners of the finest animals, and conside: Jecture is afloat as to the winning frogs. The exhibition in the extreme, and the accompanyi: ‘ail! will hardly fail to excite the risit all Who bear Lim. MAILS FO! Tho Cunard mat! steamship Africa, Captain Andermoa, .will leave Boston on Wednesday for Liverpool The mails for Europe will close in this city at a quar- tor-past one and at half-past five o'clock this afternoon. The New York Heratp—Edition for Europe—will be published at eleven o'clock this morning. Single copies, in wrappers, ready for mailing, six conta, was being skilfully An is intended by Mr. Be R EUROPE. With Halfan Eye the Difference may be seen between a coarse fabric und # fine one, and any one with the molety of the sense of smell will dnd no difeulty t= selecting PHALON'S NIGHT NG CEREUS fro ail the perfumes in the market, freshing. Sold everywher the most delicious and: An immense emigration toration of peace. from all the towns andeities of the North, return home, thousands of Northern soldiers will move, im the same direction, and settle, in the closost bonds of untes, among thelr Southern brethren; and, in obedience to the Jawa of demand and supply, mecimnica and laborers will swell th and rebuilding the wa ation of thin gran ‘om the increasing der HOSTETTER'S i! pour down into the Southern Th usands of Northern farme ighty volume for diversion of the ti of emigration, and yf tnessés,"* that asa aafo reliable remedial agent, and asa protection against all the nis incident to exposure, , water and habits of life, rected, are worth their weight in gold, North or North and South, ia BITTRRS. proper to state that the Bitters are sold exola- lane, and never, under av: gallon or the barrel. and the only sate 4 circumstance, by nd Imitators «Fo against thom IA to see y ere teller & Smith, and our proprictary cork of the bottle A.—Marsh's Radical Cure Trass Office Shoulder Braces, Silt Elastio removed to 542 Broadway. Stockings and Ladies Abdominal Belty A lady attendant. Legal Lotteries.— oker, 176 Broadway. All Pri: Cc Circulars and drawings sout A. Pollak & Son, Me No pressure on the back, Li joan wud eaay. “Prow sure iawaidand apward. GREG! A.—The Finest Overcoats Ever Seen tm this country now ready for ‘M Fourth aventie, © dren's DI, CUTAWAY AND ZOUAVE SOIT#, by the thousans f Time.—Cold-ine, for Colds, Batchelor’s Hair Dye.=The Best in the A, reliable, and instantaneon nerating Extract of Millefeurs. hair, 81 Barclay atroet, New York. serves and restores Try it, Large size 75 Dey street. Bantons or Enla ee of thi toe joi cured, without Broadway. aller’s Life for the pn ie a ‘Stops tte falling out, keepe Mands above compariaon with any other We aA Rai A CHEVALIER, W. B. Cruteohes.—Hartman's fom od Crutohes, the great improvement of the age. «766 roadway. ita original color, ressing. Sold at road ea Basal Proef Bafes; also Sideboard and Partor Safes. At G3 Murray etroet. » of rooms, vl st Ncn'the' hours OCP A.M. and 3 mic arnt! KA PILES. at bis roome, 2 Bond three medicines property taken will f1 ton in its advanced stages Elegant Cart TONIC atl dines, ‘cure consump jon de Visite—12 for 61. CADY GALLERY, 88 Canal street. Gilt Combs—Neow Styles, Jast Received five, sight, ‘en to EN, 416 Broadway, Lange Wedteated | g PTB Broadway sud Grugeit ———$=_—$_—$_— Hemorrhoids Radically Cured minutes, without the w a one door below spin, ee Howe Sew! ELIAS HOWE, JR., irt Bosoms, iucON'S PBGaaR, te: $2; Collars, 81, ea Cuffs, $b Wassan otcoat. Havanese Bee Oficial drawing of Soptomber 5, On another PAE®. v1 oe » Oo. rT the “Herbaria for the Hatr. disor 713 Broadway. Depot, No roved “81 ts7 Brosdway. ‘Agente wan! Wheeler & Wilson's Lock stitch Sew! ad Button Hole Machit ee ities” Willcox & be 4 Brentong, Sewing Machine,