The New York Herald Newspaper, June 5, 1866, Page 5

WASHINGTON. he Reconstruction Question Under Con- sideration in Both Houses. THE FENIAN WAR, oposition in the House to Recog- nize the Fenians as Belligerents, Calls for Information in Relation to Sales of Gold, Honors to Traitors and Gov- ernment Railroad Property. ke. &e. ke. Wasuincros, June 4, 1866, THE FENIAN WAR QUESTION IN THE HOUSE. Considerable amusement was created in the House to- y by @ resolution imtroduced by Mr. Clarke, of Ohio, bat the recent successful invasion of Canada by the Prenians ntiiled that body to the thanks and pect of Congress, and that they were en- jitled to be recognized by the government of © United States as a belligeront power. Mr. Clarke Memanded the previous question on the resolution. Df course it was offered as a joke, and merely intended ® satire upon the alacrity with which the British ernment recognized the rebels as belligerents at the ing out of the rebellion in this country. Some een or twenty votes were obtained in seconding the pall of the previous question; but after a good laugh the Ruestion was dismiss:d. 'UKN OF GENERAL SCHOFIE€LD—HE REGARDS WAR IN EUROPE INEVITABLE. Major General Schofield was among the visitors to the White Houso this evening. Ho is decidedly of the ppinion that war is inevitable in Europe. The complica- jons aro such that it is thought impossible to avoid it. fapoleon, in his opinion, is the ruling spirit, and is merely using Italy and Prussia to further his own de- igns. The General represents the war feeling in Italy being almost universal, and believes that nothing hort of the cession of Vene' to that king- Hom can possibly prevent an outbreak, He is also clined to the opinion that Austria will refuse to partici- in the proposed congress, as a ceding away of a portion of her territory would be an implied precedent hereto. ME VENANGO NATIONAL BANK—CURIOUS FBA- TUKES. Tho report of the examiner of the Venango National nk reveals ono or two curious features, It appears om the sworn statement of the bank made January 1, that the government deposits in that institution mounted to but ninety-nine thousand doilars. Some- in February the Treasury Department drew upon he bank for sixty-five thousand dollars, but the draft nt to protest and has not yet been paid, but when the bank failed, on the 28th of Marvh, it was discovered the government deposits had increased to two hun- nd twenty-three thousand dollars. The securities in he United Staios TreasuryDepariment amount to but fifty housand dollars. It will be somewhat difficult to con- nee the public that it was ample or sufficient, HB CANADIAN FISHERIES—LICENSLS TO BE ISSUED TO VESSELS IN THE TRADE, ‘On the 31st ultimo Sir Frederick Bruce, the British jinister, addressed a note to Mr. Seward, from which ho following is an extract:—‘I have the honor to in- form you that the government of Canida havo author- od R. Portér, Esq., the magistrate commanding the overnment vessel La Canadienne, empioyed in protect- Ing the fisheries of Canada, to issue fishing licenses, on payment of the sum of fifty cents per ton of mea- ment of the vessels proposed to bo used in fishing. fie lic nso will remain in force during this season and confer upon the holders of them, as far as the Cana- ‘fan fisiieries are concerned, all the rights enjoyed by he fishermen of the Unitea Siates under the Reciprocity y. This measure is of a provisional nature.’ POLONEL STOKES AND THE PRESIDENT'S APPOINT- MENTS. Colonel Wm. B. Stokes, of Tennessee, who allows him- if to be paraded as the ribboned ox of the radical re- publicans, is making some loose statements in bis politi- speeches that are likely to react upon himself. assortion that the President is appointing b to office in his own district is so utterly untrue all who know anything of the facts are surprised at his making it. But two federal appointments have been in Colonel Stokes’ district by President Johnson. Dno of these was Colonel A. E. Garrett, who entered the ‘war at the beginning and served till its close, and was ecommended for bis present position by Fowler, May- and other radica's, The other appointment in olonel Stokes’ district was a Mr. Bowen, who never ved in our army during the present war, bat was urgently recommended for bis position by Colonel Stokes Phimse!. THE DANISH MINISTER PROMOTED. It will gratify the numerous frends of Mr, Raasloff, be Danish Minister, to be informed that the King of [Denmark has conferred upon bis highly esteemed and popular Minister the rank of major general in the Danish my. 1MON CAMERON AND THE UNITED STATES SENA- TORSUIP OF PENNSYLVANIA. ‘The Iatest news from Pennsylvania is that Simon Cam- ‘oron is busi y engaged preparing for a Senatorial con- test, and with every prospect of obtaining the office should the republ.cans carry the noxt State Legmlature, PEKSONAL. * Lientenant Edward P, Docherty, of J. Wilkes Booth notoriety, has beon ordored on duty at Columbia, 8 C., and will leave for that post (o-morrow. MASS MEBTING OF BALTIMORE RADICALS. Tho radical republicans of Baltimore are preparing for & macs meeting on Wednowtay evening. Invitations hove been extended to General John A. Logan and other Prominent personages to be present, but their attendance is somewhat uncertain. MUNICIPAL ELBOTION ‘At the municipal election to day Richard Wal'ach was fol clod Mayor over N, Easby. These, and ali the Caudidates for olty Counei!, with several exceptions, bad pletgod themselves to the work nginen to sustain the principle of ei ht hours as a | day's work. No poll- tical question waa Involved in the election, TRES PLANTING ON THE WESTERN PRAIRIES, The louse Committee on Public Lands seems intent ‘upon arriving at suine tangible conclusion concerning tree-plauting Gn the woodiees Western plains, which Is @itrac ing auch wide-spread attention, They bave asked for a report on this subject from the Agricultural De. Pariment; also from missioner of Indian Affairs, ‘as to the character of an Tadian college in Kansas, which Propows (o plant ten thousand acres of experimental forests within Ove years. LENATE. Warmrxgrox, June 4, 1866. BaTIOwAL TRLEORATS BYeTRM—OCONMUSK ATION FROM THE POSTMASTER ORNBNAL, The Cnain laid before the Senate a communication ‘from the Postmaster General, in responre to a resolution @dopted some months ago, calling for information as to the cost, practicabitity, &c., of establishing a national aye tem of teiegraphing, in connection with the Post Office Department; which was referred to the special commit- tee on the subject of a national telegraph systema. LIEUTENANT COMMANDER LAW PRETORRD TO THe ACTIVE Lae? OF THR NAVY. Mr. Wewprsexs, (dem.) of Ind., from the Committes | Affairs, reported a resolution to restore Lieu: Commander Retard Law, of the United Navy, to the active list, which was adopted AR RRCONETE COTION REPO! UTION. At one o'clock the reconstruction resolution waa taken op. The question was upon the adoption of the follow: {bg Amendment. — See. The obligations of the United States incurred in suppressing msurreetion, or in defence of the Union, or for eo! of bounties oF pemsions Incident Uereta, shall re atu inviolate, Mr. Hexpetcns took the floor and delivered a specch gga.ns! the pending propusition, He commenced with a feview of the proceedings which the measare was agred upon in the Senate, characterizing them ax most Pe nar | and upucual. He did not bell that the ple wou }d endorse any such cauchs proceed: Eney * uld demand to know why such & proposition ‘adopted and presented to them for rsiGeation. fi not bolieve that the presen gpmendiog tbe congtiiutyp, gerea ‘ho proper time for Seales doing dowed g don of that time, {oaupport the constitution of the Unitad ni inti tuted within —— es tng oa be exempted Particlpaliou nf from all pat nalties: such sr) -t Ins, pei and abilities for Cor Yras—M. dricks, Riddie. Van Wi Mr. Davis demanded the yeas and nays this amendment, with the followi 2 result;— bit n, Di wim, poste, Guthrie, Hon- Nars—Messrs, Chandles munds, Fessende 0 Poland,” P 3 Wado. Williams” So the amendment , Olark, ward, Howe, Kivkwood. eed of Ramsay, | 3 ‘Wilson and Yatos— 26. was di Cragin, Sortie, eae eee rn ists mes, to. jisagreed Mr. Huxpensoy, (rep.) of Mo., offered the following:— Strike out of speen two of the ng i followii chise shail be dented to being citizens of the United of or in any In“reveliion’ or ‘other such State abali be reduced ti the pi ber of such male citizet male cit ens not less than twent ‘nd insert in lieu thereof the f also two-fifths of such persons involuntary servitude of the United States, or the United States since tive franchise may be This was denied. to, States, ni nde any inte the euctive, fran portion of its male inhabitan' ot less than twenty-one bri way al ivy except for of represent a roportion which the num. all bear to the whole number of One have rears of lowin, in such Kove Bahai from any proclamation of the President inendment the year 1861, to the constitution of and to whom the clec- disagreed Mr. Dootsrris, (rep.) of Wis., offered the following as @ substitute for the second section :— After the census to be taken in the ceeding census representatives shall twenty-one choose mem! eral States according taxabl ‘ty situate hi able proper aitunte tn each State not belonging to the Mr. Doourrux explained the effect of such an_arnend- ment as ho proposed upon the representation of the dif ferent Statea, reading a table recently published in the Btate or to the ¢ #Verul States which may be included within thie Union according to the number in each State of male electors over r4 of age, qualified by the laws thereof to 4 of the most numerous branch of its Le lature. and direct taxes shall be apportioned amo: the value of newspapers on this subject. Mr. PoLanD, (rep.) of Vt., took the floor to address the Senato at length on the way to Mr. Doourris, who at threo o'clock ‘moved an executive session, which was held, and the Senate soon after adjourned, HOUSE OF REPRESENTATIVES. Wass ‘THR GUARDIANSHIP OF LUNATIC. Under the call of States for bills, Mr. PaTrERson, (rep.) of N, H., introduced a bill to amend the act to enablo guardians and committees of lunatics in the several States to act in the District of Columbia. It was read twice and roferred to the Committee for the District. UNITED STATES CIRCUIT COURT [IN RHODE ISLAND. Mr. Jexcxxs, (rep.) of R. I, introduced a bill to alter the places of ‘holding the Circuit Court of the United States for the Rhode the act to establish tl States, which was read twice and reported to mittee on Judiciary. TRON CLAD Mr. Wniont, (dem.) of N. J., tion relative to a fre vide a tem on Territories, PRACTICK OF UNITED STATES CO! Mr. Farxswortm, (rep.) amend the practice was read twice and Judictary. TENURE OF Mr. Price, (rep ) of Ii troduced a bill lati r. re} lowa, mtroduced & the. tenure of ‘cortaln officers rc referred to the (ommittee on the Judiciary. that all civil oMcers who hold their offices by ap ment from the President or an; h ments shall hi date of their removal during ( effected; provi endin| id district Judicial BABIN At TAPPAN BAY. troduced a joint resolu- water basin for iron clads, at Tap- Hudson river, which was read twice and ommittee on Naval Affairs, GOVERNMENT FOR THR TERRITONY OF LINCOLN. Mr. Lawrence, (rep.) of Ohio, introduced a bill to porary government for the Territory of Lin- coin, which was read twico and referred to the Committee referred to the Committce on the . . CERTAIN 5 whi int, holding positions merely as clorks. c cal Mr, Hrroncoox, vide for the braska; SURVEY OF Committee on Appropriations. INDIAN SUSIDIRS, Mr. Berisicn, of Dakotah, offered a resolution, ‘was adopted, calling on the Secretary of the Interior for information as to the amount paid to the Indian for various purposes. ‘TRAITORS AND The preamble and resolution of Pa on Monday last, which then, objection having made, next in order, as follows been publiel Whereas, It bas executive authority of this dictates of souns wi be made odious and. traitors not only ced but im) 4; and whereas ft ts repre: that while no traitor who has survived the chances of Af iy then joyment im, for then, ni of the traitor dead have the battlefield bution due to his crimes at the hands of the loyal soldiers of the Nowh, has been otherwise punished than by the award honors or the emission of disabilities to been local public entertainments and honor of their crimes, which have not who ished in the work of mi hose who are thus honed, and restoring the + Calon of our fathers has been denied to the manities by the looal authorities will consent of the military or civil agents of tl and whereas, the encouragement or toler.tion of such enor: cious and dd ers of the oaleuls to ebstract if mities is of the living of the the growth of av to mal feeling as is essential to any cordial or permanent reunt n of these States; ‘That Resolved, ment within dition of y clos ng tl rally at thie graves 0 stance obstructed oF ¥, Cuncurrence or acquiescence of ment Laid over for one day under Mr. Experpor, (dem.) of Wis. epociiy precisely what Mr. would have done. Mr. Witttame said he would have done precisely what he presumed Mr. Eldridge would not have done, RY what that was, but be received Mr. Wittsass remarked that the preamble was a mere recital of facts taken from a loyal paper in Augusta, Georria. He moved the previous question. Mr. Ravxown, (rev.) of N. Y., suggested that some de that thy House might know ‘on what evidence the statement rested. He was entirely ienorant of the facts on whieh he could base his vote for either the preamble or the resolution. Mr. Writiame declined to withdraw the motion for the ir. Exvrroox inquit no direct reply. bate should be allowed, so Eryrigns question, es it of representation. wore taken from & out a division. The tna if for credit, under What lag or Sutbority, and whether Hurchaue money hus Deon patd, of what lope Rave been tacen to recover it. The resolution was adopted. THE SALB OF COLD SY tu8 eutmnraRe co SmB teanouey, The resolution offered by Mr. Wilson, (rep.) 6f low last Monday, and which, objection being a over under the rule, came vy noxt in qeder. wes follows :— Resolved, That the Secretary to report t this House bonds of tl purehases oF RAeRs 4) fame and the cher ota fu ited 91 ‘Treasury since that © the President be requ House whether ihe military e State of ir offices on such lavorable puvlic demonstrations in connection ti and farther, whether the privilege of doing like honors to soldiers who have per- Kindred has been he officers of th the rate. asked Mr, Williams to he would have done in order to Lave made treason odious in his estimation. Mr. Wittiams replied that he would ELDRIDG# expressed a wisn would amend his resolution #0 as to specify what be th C newpaper pubsished in the city of Augusta under the denomination of the Loyal Georgian. After some further ranning discussion the previous jwestion waa seconded and the resolution adopted with- wavagroed to by yeas 73, nays 90. 18 RAILROAD PROPERTY OF THE GOVERNMENT. The resolution offered by Me. Kelley. (rep. ) of Pa, on Amounts rand denomi: ich was read twice an of the id their offices for four years from the tment, and shall not be subject to :f term’ of office except for malfea- sance; and in all cases where tho advice and consent of the Senate is nece wary to pe consent shail be yey s fore eum any removal shall be e act shall not NEBRASKA. of Nebraska, introduced a bill geological survey ‘of the which was read twice and referred to the Com: mittec on Public Lands. Also @ bill to erection at Nebraska City of a building for Post Office and Internal Revenue Office and for holding United States courts; which was read twice and referred tw the ‘TREASON, offered by Mr. Williams, the just instinots of humanity, ‘and the undoubted sentiment of the ed and consecrated =o ivil employes ‘of elvil ern; jeorgla or any of States have in any way countenanced of amsint ‘of the traitors, 2 3 zene, 1870 and each suc. ‘apportioned among the nev. the real and personal Proposition, but gave waTon, June 4, 1866. t and amendatory of Courts of the United URTS. introduced a bill to States Courts, which It provides imt- ads of dopart- the same advice and apply to those to of "Ne. wide for the which tribes: to rule, came up ple of the loyal and escaped the retri- a whereas the memories ble utterances én ly been ted by een a example, insulting to ty meinortos odious and entirely prevent ke fore to inform this ‘of the govern: other rebel ta the ren or any in. is govern. nia it, Mr, Williams ving beem mado, u for rostorii poilt.cal rights. of the bill. settled, decided when ment tion; and he . ed, Pia the the Mexican nag hm, OW credit and tmpairing and sacred faith of the ‘the bell phew prety cPeegeent tm W YORK HERALD, TUESDAY, JUNE 5, 1888. sisters will appear in a similar bill at Wood's thoatre this new bur | evening and ut the matinee to-morrow, and 4 ploasanier leisure hour during day or nigit place in which to American is pueacegee eaaniast ents | ree enews the obligations sf other 0% Resolved, That ‘be tras "liey of the United fa, d effersdn, Pots comnnros and honed the la: intries. of Mr. J friendship with all uation; entangling alliac ee let the resolutions lis Mr. Dawson moved the previo: gested the reference of the sesolution to the Committee Law-—Application for of vealed to Mr. Dawson to rae tore \week, as he saw no uo- cessity for their adoption now, Mr. Dawson insisted on the previ%# question, The refused to second it. saying that st was manifest that | Clark, Dodge @ Co. vs. Sheridan Shook and Sptoester P. to voting immea ‘ately on the reference of tho resoluus to the ommittes on Foreign Affairs, soforred. House, however, Mr. ‘Dawson, ‘then, the House was op} juestion, moved and they were 5° AGRICULTURAL REPORT FOR 1864. A resolution offered by Mr. Mruzen, sth of March, and which thon Wot pvor under the, , came up next in order, instructing ites on Printing to inquire into the twenty-five thousand extra copies rep.) of Pe, the Commit tural Re- Port of 1864 to be printed, and was TRANSPORTATION LETWREN A resolution offered Mr, Rarmonp, (rep.) of N. ‘ under Y., on the 2d of April, and which then went over the rule, came up next in order as follows:— the House of Jester nat af it incur Re of report upoa the necessity of some means of transpot be- the Atlan ‘and submit some plan, whother by law or treaty, whereby the vernment can aid in ‘sald necessity ‘be found to exist: provi shall receive no compensation for their ding for’ at said coms loners: nervices and no pay- ey upon ent of any kind except for such travelling expenses as in discharging the duties umposed may actual ‘them by this resolution, On the over informall; Mr. Ciaax, tion and-movad the juggestion of Mr. RarMmonp the resolution wont iy THE FRNANS. of Ohio, offered the following resolu- previous question :— nations as interpreted maid Fenian organi Aifaira be requested to ranizati regarded wil accorded the rights of belligerents, the Committee e wed purpose of liberat Trelan oppressive Tule of Great Britain cording to he laws of author the British ot be on Foreign inquire into the propriety of taking such action as may be proper to secure that object. The House refused to second the previous question. Mr. Roai the previo ‘8, (dom.) of N. J., called for the tellers on question, but they were al 180 refused. Mr. Branpages, (rep.) of Conn., rose to debate the reso- lution, which thereupon went over under the rulo, NEW BXMOUTIVE MANBION. Mr. Nace, (dem.) of Ind., offered a resolution, which was adopt instructing the Committee on Appro- priations te inquire into the propriety of making pro- vision for the erection of a new Executive Mansion for the use of the President of the United States, and of setting apart the present Executive Mansion tor the usd nt. Of the State Departmor NO CL Mr. Pus FOR THE COMMITTER ON THK MILITIA, , (rep.) of Md., offered @ resolution, whic! was adopted, rescinding the resolution for the employ- meat of a clerk by the Committe on the Militia. THE MEMPHIS RIOTS, Mr. Rawpaxt, (dem. sper ten thousand ioneman on the Memphis riot; whic! )of Pa, offered a resolution for copies of the roport of Genoral was referred to tho Committee on Printing. REGULATION OF THK PAY AND MILKAGE OF MEMBERS OF CONGRESS. Mr. Jonxsox, (dem.) of Pa., offered a resolution, which was adopted, instructing the Committee on A tions to report a bill for regal: mileage and pay of members of 01 and ing tho moo an (odie. tribute among all of them the aggregate now paid, in just proportion to the expenses necessarily incu: at the capital and in travelling to and from the same. ‘THR RECONSTRUCTION COMMITTRE'S REPORT. Tho House then proceeded to the consideration of the bill reported by the Reconstruction Commit ee to provide to the States lately in insurrection their full Mr. Witaon (of Iowa) addressed the House in su; in the country, he sai question was ‘atill to venue oaly being cl Mr, Le 5 Sto (dei tion. If Jefferson Dav: sel wore to contend ti had a right to go out of pport Mr. Wilson contended against the position ‘assumed by the President in his annual message, that the question of the right of secession must be judcally finally and forever—that no State has the right to revounce its position in the Union. He hel there was no such question to be submitted to the courts ; that it was a political question which had by the founders of the government, the national armiesin the late war, n and confirmed by Every secessionist would rejoice to jw that the regarded as ap open one, the ay ala ne m.) of Ohio, desired to ask a ques- ‘is were put on trial, and his coun- under the constitution, a State federal Union, what would be the duty of the Supreme Court when that issue was mado? Mr, Witson replied that the duty of the Supreme Court in such a case would be simply to say to Mr. Davis’ counsel and to the counsel for the government “This is an issue which cannot be and shall not be tri: 1p this court.’’ Mr. Le Bion faquired whether of constitutional construction? Mr. Wiison denied that it was judicial any sense. It was a political question which they made the uestion in constitution, and the right had never been conferred on the Supreme Court to enter- or not. whethor he believed it tain such an issue and to determine whether this is a It was not a question of construo- would like to ask the gentleman from Ohio was a question which should go to the Court for adjudication? Mr. Lx Buosp replied that he certainly did. He be- the Supreme Mr. Wisow believed that mw! Ls Buoxp ity of treason. Mr. Wiisow argued lieved it was @ question which belonged to Court. also desired to ask whether Mr. Le Blond Jefferson Davis had committed the crime Of ircason againat the goveramen ferred to i# on the broad ground that be it banker or it. his belief that all who had arms against the federal government were | 1,4 ao that if Jefferson Davis had com- mitted treason it followed that Mississippi bad no right to secede. Mr. Lx Bron su of the Chairman ed that that might be the opinion ‘the Judiciary Committee; but it did not follow that the Court would agree with ‘hi bow ew as Salmon P. Chase and a number of distin- ished statesmen, beth North and South, had in days expreseed such an opinion, and had; but if so, that would account for a we the question to his deci the idea, and denied a Buoxp taining adore that the Sx such a decision. He did not en the gentleman the Chiof Justice entertained the tributed to him, because be Mr, Witsox—T accordance with his 0; did not believe that ‘enter. Court should make lieve that it would. does not believe that inion which be at- certainly devide in Mr. Le Duos replied that he hoped Chief Justice Chase had by this time ehanged his opinion and become @ much better man. Mr. Witson expressed his eativfaotion that the goalie. man’s 0 the Chief Justice waa improv’ ‘ing. ion wished it 10 be distinctly understood that the doctrine contained in the remarks which he bad submitied he believed to be not only good law. bat absolutely neces- sary for the safety and perpetuity of the government, If thie question were thrown into the courts it would be | This unsettling the foundation of the toanarchy. He did not des ro ay y refore, be sald, if wore to entertain that question icia! treason against the United states. further consideration of the bill was postponed ing the country Pech Fesult, and th tll Wednesday noxt. government ami ex- y United States would be guilty ‘A REPRESENTATIVE PROM MiseTSOETTE Mr. Mansuart, (dem) of Ul tials of Mr, Parsons, claiming & from Missiseipp!, which was referred to the Reconstr tion Committee. SOLDERS prowented the creden- emt as @ Representative AND AAILORS’ UNTON. Mr. Comm, (rep.) of Wis, from the Committee on the District of Columbia, reported back a bil! to incorporate the Soldiers and Satlors’ was read the third time and THR Pay OF ‘nion of Washington, which passed. SOLDIRES OF THE ARNT. The House then proceeded to the consideration of the bill to reduce and establish the pay of soldiers of the army. Me ‘Woonnnrpar, (rep.) of Vt., made an hour's speech against the bill, arguing that the bill would work great injustice and inequality, and sustaining the argument by iilustrations of what its effect would be. Mr. Dewowt, speech {1 support of of Ind, followed in an hour's ) he bill. Mr. Sewanee gave notice that he would try to bring the He Broa! 86 to a vote on the bill tomorrow mm: WAY TiHHAT Mise Helen Western, who has become ettremely popu lar at the Broadway theatre, appeared iast evening, for the first time during her present engagement, a+ the French Spy, a drama of the ultrs-sensationsl school, and affording an opportunity for that dispiay of physi7ue upon which so many of oar modern whol ‘Uhie cane, actresses almost however, Miss Western ifeations for the ‘with the maximam of ar- ota], Inst evening, and it brought out an over. flowing house. The performance waa warmly received by the audience, Opening with Nan, the Good for Nothing, with Miss Jonnie Worrell as Nan, Mr. J.B. Curran as Harry Stoker and Mr. James as Tom Dribbies, the programme continued by {utroducing ¢ on pasta and concluded with the Invisible Prisca, in whe Mise Irene and Misg Jennie Emmett The feats upon the fly- ne Nicolo were daring in the extreme, the carpenters who the orchestra fooring would ‘As it was, the! Nicolo iss Eidler avd Mire of ae question, or he sug- expediency of orderit ape y ing TLANTIC SEABOARD AND THE | ¢4 receive Bt0c! yn | cate 18, are the defendants liable to pay duties and the ft was not a question | be em S| ahail perform such acta, and, by TAXATION OF BANKERS AND- BROKERS. ae Important Point Under the Revenue m Injunctio. Against tho United States Collectors aud Assessors. UNITED STATRS CIRCUIT COVAP. Before Judge Nolson, Gilbert. —This was a motion for an injunction 60 restrain he collectors and assessors of internal revenue from col- lecting and assessing taxes against bankers for sales on their own account and others. Mr. Burrall appeared for ifs and said that the plaintiff’ were licensed es under the first subdivision of tho seventy~ ninth section of the Internal Revenue act of June 30, 1864, and aro are authorized for and advance on stocks, and that carries with it the right. to sell such stocks, They lend and advance money ow such securi- ties gad in such cases sel) to reimburse themselvoa, ‘They do not negotiate purchases or sales of such securi- ties or do any of (ho business which brokers are, by tho n ewe DP of said seventy-ninth section, author. ized todo. Motion was made here by counsel to con- tinue a preliminary injunction restraining the assoss- ment or collection of duties upon the salcs mentioned. He said that bankers aro not doing business as brokers ‘whon they receive securities for sale and discount, when they advance money on socurities and sell to reimburse themaelves, when they receive orders to purchase socu- Titles and make the transactions in their own names and y therefor with their own money, and on repayment Eidreot transfer the property to their principals, and in case of non-payment sel! merely to reimburse them- fo a an cn te banker ts not taxa- jo in res} lea own property and for his own account. bi 1 ‘Mr. Courtney, for the government, said that ft Is not true, as charged by the plaintif_s, that the proceedings of the defendants to assert aud enforce the claims of the United States against the complainants have been ad- Judged to be contrary to law. Tho only evidence of such allegation was ited im the ninth artiele of the bill, which recites the late decision of the United States Su- pee. Court in the case of the United States vs. Harve; isk and others, and alloves that said action ‘was inatl tuted as a test action and for the purpose of determining the question herein and thoreby presented.’’ In con cluding that that judgment ts binding on the United States in the present claim he should not undertake to prove the contrary by the record in that case, The mat- ter then in controversy was submitted to the court upon ‘an agreed case, containing certain admissions of tact, which are thus declared ;—“It is understood that thoso admissions are made for the sole purpose of submitting this controversy, and are in nowise to affect any party in any othor proceedings."’ This would seem to indicate that the action was not in- Stituted as a test action. ‘ihe question submitted in this rates of duties cribed by the uinety-ninth section of the act aforesaid upon sales of government securities: owned by them in their own right and upon their own account? It {8 insisted that the entire issue in tho caso of Fisk & Hatch was whether lioensed bankers, by deal- ing in securities exclusively on their own account, were subjected to the liabilities of bankors dealing as brokera under the ninety-ninth section. Tho Supreme Court do- cided that they were not, on the ground that Congress, in amending the ninth raph of section seventy: nine of the act of 1864, which defines the term broker by inserting ater the words ‘other securities’ the words “for themselves or others,’’ did not intend to the correct dotinition of that term it moan that every man w sold bis own stock was a broker; so that in order to bri banker within the category of bankers doing iness as brokora under tho uiuety- ninth section it must appear that he negotiated sais fi others as well as for himself, What the nature and ox- tent of the liability of the banker would be in such case the court did not pass upon, as overy such conaideration was luded by the decision on the facts, that Fisk & Hatch, selling their own securities merely, were not thoreby dealing a4 brokers. It is claimed by the do- tendants that the fact of dealing as brokers, which waa limi from the Fisk case, is here apparent on the face 6 complainant's bill in spite of the absurd state it of the sixth article, which is contradicted and falsified by everything which precedes it’ In the fifth article acknowledge that they have negotiated pur- chases tales for their own account and risk; in the foarth article they acknowledge that they purchased stocks, &c., “for aud on account of divers parties," and which, on fecetying the prices and charges and com- missions, were trausferred and delivered to such 108, real issue in this case Is easily understood. It arises under and is to be determined by the provisions of the Internal Revenue law, That act provides that certait ocevpations shall not b» carried on without a been ‘The first subdivision of the seventy-ninth section to bankers and the ninth to rs In compari, business described in the latter clause with each w three classes of banking business mentioned in tl former tt will be foand that thoy were and intended to a Counsel further amid that ono not being « banker on ger ppioed moyen f for others ia to be termed a vroker, and a is not per- mitted to ney The complainants admit that they purchases of stocks, &c., for others, and if any can be raised between ‘and the negotiating of purchases for others as men- tioned in the statute, it was beyond his com no. He regarded it therefore as ished that the complainanta acted in the premises as bankers, ban | as brokers, and that the Present caso was not affect the decision of the Su- preme Court, in the case of “Fisk & Hatch." It ap- Peared from the thirteenth article of the bill that the complainants insist that thoy are not taxable for any of the transactions mentioned iu the bill. The decision re- broker, or ot everybody is exempt who so deals for himself and for others. But the very moment ages in so dealing for others he brings himself within the finition of a broker, as laid down by said Binth classe of the seventy ninth section, and must be licensed and taxed ag a broker, with the le ©: that alcensed banker need not take out the additional lic nse asa broker; but the ninety-ninth section, which fixes the liability of brokers, particulariy men- tions along with brokers the caso of bankers doing Desiness as brokers, and subjecti them to the Habiity of brokers extont, in reference to taxation on their personal rales, as in the case of Cattin, In it therefore supposable that the law intended to you choose in what capacity you by merely calling yourselv: bankers, evade a liability to which every other a subject? Tho decwions referred to reaily cover the whole ground, for if the amendment was intended to, in the opinion of the Court, remedy a transparent evil, is it to be prosumed that that evil was less t to tho Jaw makers or the Court because cloaked by the plea of bankers? He submitted that both upon reason and au. thority the motion should be dismissed, Mr W. M. Evartas followed in an argument on behalf of the plaintifis, and spoke at some length. Cave atill on. A Similar Case. UNITED STATES CIROUIT COURT. Lewis Binsiein and Others Representing the Firm of Ein- vein, Rosenfld & Co., 01, Sheridan Shook, Collector, Be. — case resembles in all respects that of Clark, Dodge A Co., except in the following particulars:—1. There laintifs ewoar in their bill that Einstein, Rosenfeld & So. made no sales of stock, bullion or securities during the existence of that firm for the account of others than themselves, except through the intervention of licensed brokers not members their firm. 2 Tho frm of Elosiein, Kosenfeld & Co. having been dissolved, ail the taxes of ‘Which thege plaintiffs seek to restrain the col lection have beon already assessed against them and the avassament lists of precepts placed in the bands of the defendant, the collector, for collection. 3. There was no necessity therefore in this case for making the fauseasor or the United Stater parties, as the firm having been dissolved no now duties or taxes are to be assessed against thew Pores, First, all the points made in the case of (lark, Dodge & Co, are applicable in this care. Second, this Case is still stronger for the plaintiff’ and entities them to the relief asked, whether Clark, Dodge & Co are entitled to ft or not, Einstein, Rosenfeld & Co., on ali sales made by them for account of ther customers, employing » licensed broker, not a member of their firm, who bimeelf pays the broker's duty ou sales under the ninety ninth fection, the plaintifs are themanives clearly not brokers or bankers doing business as brokers within the mean. ing of that section Third, they are therefore not within the provisions of the ninety-ninth section. Fourth, thelr case is covered by the decision of the Supreme Court and of this Court in the case of Fisk & b. That cage distinctly bolda that if a bank-r chooses not to combine the business of & broker with his own be is not liable to tue duties presoribed by the sinety-minth ection The dotendant's claim that Einstein, Rosenfeld & Co. notwithstanding that they employed a liceased broker to make their sales, themselves do business ax brokers, i9 & mero evasion of that decision, aud the remedy by injunction s therefore appropriate. ¢ Pacific. The ateamer Montana, from the Colummva river, brings 96,560 treavure. Our markets are generally dull Sales of Grant's oan- ies at 22, and 1,909 boxes Mary's adamantine at 2250 Neariy 200,000 pounds of American shipping grade wool have been held at 146. @ Ze. Chotee dry bides poll freely at 13 66 The bark Litzis, from Manill brings 11,000 bes on ugar, and the slip Ova, from Hong Rong, brings 1.409 of rice ‘The British bark Palmerston waa abandoned st pea, two hundred and Aity miles from Kong, Febroary 27. The captain and crew were reac Although the late rains have inditted damaye on the early sown wheat (ti conceded tint the grarn sown lato has been muctt benefited, sud tial tbe gepo fal yield of wheat will onesed that of any form-1 year ls © slight ingpevenent ‘e Ophir $292, Yellow Jacket $416, Chollar 1 Gould & Curry OT). nga tesbes T340. Gay Faaxcmoo, May 59 lo, oamet Satramonto, Captain Oaverly, amsiod \o-tay for Vanama, carry XO aad te trengute of which nae, aa Mid Yo fait ip Han Fran snock of Mod n Har hinry Ore miaates past three this morning No yo wes done, ‘The Han Prancico Board of Trate, for the provwetios Of trade and the promotion of commercial interests, oa o Hs, fied articles \gcorporstion in © capital sn wy ~” at Mantle, March 6 whieh erempu {rim ounage Gil vomsets arriving and 4% parting 9 ‘Theres Vithe txtovest ta mining cheree —yht, Lnperal, $126, Savage, GAM, Volto eck, Yous, 1 Belcher, $223; Chollar Potosi, $508. fagal tenders, 730. ‘Hong’ Kong ‘dates of Aprif l report —vYour advanced to gv and $10 por ddI, and holders unwilling to soll at quoartions. Vessels wero wante! at Hong Kong and for Ban Francisco. Now white au; "4 Manik. ‘yard, wll considerable of last ‘year's vows, s been kept back for highor prices. LIQUOR QUESTION. ~~ Op eeeition to the Sunday a'and Persons Present— wich TRE The mass mecting of the & ermans yesterday at Union Square im opposition to the Sunday liquor law was a demonstration of no ordinary Character, At least ten thousand persons, including ‘ho members of no less than one hundred aud sevent;-three societios, besides organizations of citizens from x*rooklyn, Wil- Hamsburg and Staten Island, assembled there, aud entered their protest against the enforcement of & law which by all ts considered an infamous enactme.t. Three stands were erected for the speakers—one Lwing the Everett House, one on Fourth avenue and she this? on Broadway, The platforms wero tastefully deco- rated? with the American, German, French and Bunga- rian coolers. A band of music was in attendance at eadh of the stands discoursing favorito national ars, A large body of police was on tho ground, but their services ap) to be little needed. Among sooletion ‘a’ attendsaco wore a number of the Veteran Bocieties, som, of the former members of Volunteer regiments, with whos battle Gags the stands wero dece- rated, The Cabinetmakers’ Association, somposed of about two thousand raembers, and tho Pianomake: about seven hundred, arrived in coweion, The Social Reformers, composed. of sev divisions, were about two thousand strong, andthe Musical Association, Tou- tonia, was in attendance wit thyoe hundred mem- bera, At three o'clock the north side was crowded by Gormans, gathering around Che gaily decorated standa, whortly after three o'clock the meeting was called to ordor at the main stand by Mr. Steffen, President of the — Society, when Dr. Hirzol waa called upom to Proside. Tho Cnammany, ia opening the proceedings, observed that it had boon doubted. that it would be mivisabe for him to act as chairman of this demonstration, ho bei ‘an educator of the youth; but just becauso ho conapion ch a position he deemed it propor to do his best in ths movement, in which no? leas than one bun dred and soventy-threo prominent German organi- tions Re! had been violated which by th hela inviolate, (Applause, ) imposed upon us eouipelled us to be deprived of the enjoyment of our ein! vocations. Not only was the law regarded uncon- atitatio uit it was an infringement of our rights as citizens and free mon. [At this stage of the proceedings the members of tho Cabinetmakers’ Associations, numbering about one thou- sand and five hundred, arrived on the ground, preceded by a music corps, and the greatest enthusiasm prevailed at this ime} The following gentlomon were proposed and elected as vice presidents:—Friedrich Staff, Prosident of the Tarn Verein, and Franz +chmidt, of Wiiliamsburg. Mr. Boro. hard Frankfurther waa appointed socretary, Mr. Scunove offered a series of resolutions, which were adopied. One of them tx as follows:— Resolved, That we will not disband nor cease in our efforts ancl this lAw, in its present offensive form, slia!l baye been repealed, and that the Executive Committee heretofore ap- 0 the of the agoie- to the organization of our ures as may be necessary to vindicate our rights and to scoure united action and an Unbroken front on our part at the ensuing election, After the reading of the resolutions a number of ad droases wore delivered, and bofore the meeting adjourned @ resolution was passed to the elfect that the committes, composed of tho delegates reprosenting the Gorman svcictios, shall continue ite labors, THE OTHER STANDS. Addresses nt stand No. 2, whore Mr. Katzonmoyer press. wero delivered by Messrs, Kapf, of the Steuben louse, and Mr, Kaufmann, of the New York Turn Verein. Atstand No. 3 Mr. Charios Kinkel presided, and addresses were dolivered by Dr. Foersch and Mr. Simon. The meeting broke up at & late hour in the afternoon, when the societies reiurned to their various headquarters. North Carol Convention. PROPOSITION TO Fi COMMITTEE TO PRO- CRED TO WASHINGTON TO CONFER WITH THE GOVERNMENT —FURTHER CONSIDERATION OF THB PROPOSED AMENDMKNTS TO TH® CONSTITUTION, BTC, ETO. Raaton, N. C., June 4, 1966. The State Convention reassembled this morning. Mr. McLohor, of Caswell, from the select committee to which were referred Mr, McDonald's resolution inquiring what has boon done by the committes appointed to ascertain what ts necessary to be dono to rostore the stato to the federal Union, reported the following substitute and re. commended its adoption: — Srppreee Tee pecele of the State of North Carolina have mManiiested wwe pally to the federal government by Promptly adopting such measures as were deemed ne Cessary to restore them to their former relations to wit —An ordinance laring ouli nance re pro- ihe, payment of ail pu ore. Mid of the rebollion, which ald. ordt- Dances have Become part of the organic law of the State; d whereas the relations of the Ktate to the general govern mt have not yet been fully recognised: and wi the ple of the State do ardently desire that whatever obata- atill im the way be removed; be it theref That a commitice of seven be nt Of this Convention ta proceed to Washington With the authorities and the general government, oe Mr. Wann introduced fn ordinance to incorporate the m and Mining Company changing stocks of the Stare 1561 was read the first time Mr McR+® introduced an ordinance to enable the Fay- etteville and Florence Railroad Company to establish o national bank in the town of Fayetteville, Referred to tue Committse on Currency. The Convention then resumed the consideration of the revised constitution Mr. = ¥. Pwtturs, of Orange, moved the following a+ an additional section to the Bi of Rights: — All courts should be open. done bum oF bis tands, t coe reputation, sal ad right and justion « due course of law. No soldier shal in time of house withvat the consent of t Dut Ina manner, de, to be proseribed by law Which were adopted. On motion of Mr. Moon, of Wake, tho following me tion was incorporated ia artivie second, between sectioms thirteen and fourteen, of the acts and laws Be itenacted by the General Assembly of the Biate of North € ine ae follows —Kaot! f ti deneral all take an oath oF lly quabfied (9 take bi Knowledge and belief Some portions of the constitution were referred beck to the committee for further fevyelon aml abridgment, after whieh the Convention adjourned for the The Turf. The Paterson races commence today Three races will be run, including the Jersey Derby, and, to brag this race off natinfactorily to the spectators, we would suggest to the managers of the Course the necessity of parading the colts and fillws tn front of the grand stand some minutes before they are taken to the start #0 that everybody can become familiar with tl and Keep the ditierout horses in their mind's eye during the race. Wo think fourteen of Afton will start, © . f Lapwing, by Lightwing, dam Olio, oh ¢ Merri xingion, dam Mirai ch. Kiug Loar, by faxing’ , Fy Ana dam Tokay, © om ringion, dem Watson; b. # by Heythtan, Young Mog) b f #atn stone, by Lapitint, dam a, bf Belladonna, by Lapidet, dans Made wan, Uy Loui ton, dat Ellen Bateman, Ward, ch ¢ Bard Tack, ty Ligh’ ¢, Remorse, Vandal. damn by Fauzolotto, Jr ton, dam Emolia, and probabl Dorby will be preceded by @ mile ty lowed by a race of two mile heats aim Rescue, ob by Bifiy Conoor UNION COURE, L. 1 The trot between the Caiiforne saihon George ¥ Pateben, Jr., Lady Emma, Commodore Vandoriit, Blonde and Genera! Butier, annoanoed to come off day alternoon at the above ours, did mot tal account of the heavy condition of the tract 1 postponed wolil peat Tuesday, 12th inet The rece Nows from Vortress 1 Foutamme Mowe r p New Ha:mpah te | y thip Newbero, arrived this for chored in the stream, where rhe will re } | main vot! | when she to Gorport Navy Yard to ro ‘Tas ‘New ‘pic-ender wawal steamer Wiennepec, wh voice past baa been undergolmg tepairs at (be a ed today + “avannal. which likewise has been under ft today in tow of & government steamer L. G Casnon, whith yesterday rea oo 0® he Merrimac, bas been gotten off, with only ic, Rowall ond Lieutenant Colowe! Gerrit re enled for he Vicedmen a Lureas { thie dintriet, They expremed general eongement of offers wader the at Armstrong, who hae charge of they consider tne areas ~» eooure (ae fall enyyytment nae they aro entitied The report toner aly (rote that of Gama ale Baad fo regarding the working of the Buresa + Aves, om Forme Rar JThe terest scant Anti to his Asreon, of Gying sh p= which, sithough Got en shenlate eaccem, wae by Ho cans tscoureging 9 tha inventor—bas drawn guble Gtiention more directly Wo this new aopitent for the booot of navigating have boon to see the barkeom, at the cormer of Greme aud Houston etre ta, and the Professor has bern is sian ance to explain the intricacies of 1% He te Gow diter, De ing bis attamiion Wo the improvement of he mach ery oo 09 0 make the Gent aitemnpt a0 were Of FH tan oe Ww made “ny An dwt when thel somy! @ Grows oli: oot tog. the sir A large umber of perwne | 5 ——— ARMY BULLETIN. MUSTER OUT OF VOLUNTEER ORGANIZATIONW, The following is a list of volunteer organizations have boon of are ordered to be mustered out of not included in previous ciroulars.—Califormia—t {atealey. Companies F and G; Fourth, Company B; Seventh, Companies B, C and K. Illinois —Thirty seventh ‘ufantey; Twelfth cavalry, Loulsiana—First Now Or- Jeans titan Mich!gan—Third, Fourth and Twongy- elvbth Infantry. New York—Kightoonth Thirteenth infantry, Pennsylvan Wisconsin—Fourth cavalry. Independen First United States Volunteer infantry, Companioa A and #; First Company of Pontooniors; Pawnee Scouts cay y A. United States colored troops—Teaus ty-first infantry, ASSAULT Witt 4 PLawk—Avte-MonTam Starewmvr,— Coroner Naumann was yostorday called to take the amte- mortet statement of Terrence Moon, & native of Ireland, Hinetoen years of age, who ls now lying at 179 Kast Thir- ty-ffth streot, suffering from the effects of violence al- loged to have been inflicted by Tho: 0 the statement of M . pre ‘that, Roger woe , Thirty wixth street, lngry words, durtug to take Moo lumber y and op the 20th wit. they had sor: which Lynch said ho would | “that any Irishman's life cause they know <tothing to fight Moon, and the lator sald ho woula Oght rather than to submit to any more abuse from him. Lynch threw some stonos at but without offect, when, « alloyed, ho stru: wee the head with a piece of piask = Lynch was arr the time, and Justice Connolly held him in §% Ae Moon to-do growing worms in tor, it was doomed adi jo to eall the ( uty Coroner Robinsoa, M. D., made an ext natton of the aufferer and foand excessive about Ins head and few. From the evidence adduced tho jury found “that Moon came to Lis injuries by» blow from 0 of , at the bends of Thomas Lynch, on Saturday, May 26, 1866."" On this yerdict Lynch was committed to the Tombs by Coroner Nau- mann, to await the result of Moon's injuries, News from New Or! New Onueann, Artisan, loading for Boston, wi of cotton, was struck by lightning and par- royed by Ore The vessel afterwards sumk. The estimated value of the cargo was four hundred thee- sand dollara The bark Woodward, Liverpool for Galveston, bilged in twelve feet of water near Galveston. The vessel's cargo was got off and saved in good condition. Cotton Storling, Mm unchanged. vairy bas arrived from Most of the troops have loft | New nih Now York . homeward bound and are coming home. There has Loon a hoavy rain, which has made new crevasses. A hip haa been driven ashore outaidé by the storm, ‘he details of the overflow of Alexandria are heart- rendtn) people were driven to rafts for protee- tion and an ttnmense amount of proporty waa destroyed. No relief is poamiblo til the floods wubaide The floods in Texas have overflowed and devastated alt tho bottoms, and the injury to the crops Ws extensive ‘The crevasse below the city ta stopped. BXORLAION OF BRO RSUS KNICKERBOCKR® OF NEW YORK. Theao clubs played a protty, quick and vory enjoyable game at Hoboken yeutarday, which romited in favor of the famous pioneer Knickerbockors by « total score ef thirty-nine to twentyweven, This makes game ea@ game MAILS FOR EUROPE. Tho Cunard mai steamahip Cuba, Captain Stone, wil leave Boston on Wednesday for Liverpool The mails for Europe will close in this city aba quarter past one and at half-paat five o'clock this afternoon, Tho New York Henaio—Edition for Burapo—will be published at eleven o'clock this morning It will contain:—A full Report of the Invasion of Cam- ada by the Fenians; of the sanguinary Engagemont neat Port Colborne, with a Map of the Battle Field, and Ao counts of all their Movernenta up to tho hour of publica tion; Details of the Defeat of the Spanish Floot at Callae and their Departure from the Pacific, Full account of the Death of Liout, Gen. Winfield Scott, and the Ceremonies on the occasion of bia Burial at West Point, Report of tho Proceedings of Congress; Intelligence from all pees tions of the Union; Tho latest News from Mexico, Oem+ tral America, the Wost Indios, ko, and reports of eit interesting events of .he week Single copies, in wrappers, ready for mailing, aim conta The Monarch Who Offered o Royal Ge for a new sensation might have ft on easier terms if he tt ALON & SON'S on) of the “NIG gives not only 0 cow ” lure to the sense to which \(appeals. In richness ity the fragrance of this lugurious Goral extract has no equal iu the world Deflance Fireanda B Large assortment at@3 Murray ter Proof fafes.- corner of College plese, for the Kxhaasted. itwere, inch by inch, of bodily weak. ae certainly, ‘kod how the week shall be and reetored) the on! “ enon? Wh that of alt energy! We aver that of all in pre o given by Swence to man, trom the inctiteuen of o art of healing to the present hour, not one haw coy rain the we J ELEBRATED OMACH OF mA Indeed, the tonic of toni atrength-eupport) prolonging agent, net to be found in mg, ta e ontalogue of medicines A! the tt ir of vitality owe of both brow are re commended to try it. They heip in time of trouble. York oftice, 36 Dey street A.—A.—Fitth A Ladies Wil command the esteem pectin gf menting whee their robes are perfumed with the enmet of 5W rom OPOPONAX. 6 seo WMITH & CO., Floral Perfumery, Mew Tort, will aseuredly Oot (ts present on sale by oll E by a druggiate 7 eT A.—A.—A.—Meny bo claim to « beautiful fase, hn hearts by the beauty of thelr 1 MAMMANIAL BALM sad me 3 Canal wtreet Agents Wa e108 For farther partoulare a4. dress WG. Wilson, Oleveland, Ohio, Address Pollak & fom, Meerschaum manofacvirers, (0 Brontwey near Fourth street views . ake oo hold by all druggists and Up t Powder bot Ly BARNES & 00, MF au FP other legalized and 3 oaawer 4, Draw- Batehetor's worl, the only forse Pecvory Dr. weED foment yt Florence Lock Stttets — FLORENCE (2W1NG MACNN COM Crs practivies Saal ant ening —at bis Aap, 6 Broadway, ant traggete Geuraat's Poudre sane je aMate bow fore’ on aay * Ah ble teen, Hey Tere rarer rer saa one Handsome Country Seat on ® of if ower =We worl cf etention & the a ee om jasein Pine, Seoensed. 10 be Beet ow LJ Aw tue day, 0818 oe the ern Broeiwer ons ot Hatr : Dye—50 Contes. Wiack oF beet, Gepost | epet Oree Howe Sew Machine RitAs HOWE. Jt, Previpet Ho Ose wumet ory —Priace Pare T= aguas rules poo ae ee oi Company's The Sleges Monet cre holy rag Ad ; . —s w teow stitch Sowing SA ea es, a Reentry, Meee