The New York Herald Newspaper, March 15, 1867, Page 8

8 THE COURTS. MARINE COURT. CoNision in the Park. Before Judge Alker aud 4 Jur James Shindler ve. Andrew G. Norwood and Mary Ployd, his wife. —This was an action to recover $500 for damages taine C7 u have been sustained by the platati Ee in cle of the do he ve! Sy coming into collision with ¢ fendan' ne was driving in the Fark on the See ecner tbe collision and broken, he himself ‘Rad ne horse much injured, ‘The defence Badly bur and ye iho allegations of the plaintif, Bhd axvaverment that he had contributed to the injury By his own negligence. The jury will deliver s sealed ‘Verdict this morning. SUPREME COURT—CIRCUIT—PART 2. Action to Recover $2,000 for Alleged False Wolf Benedict vs, Bernard Wolf.—The complaint in ‘this action sets forth that on the 14th day of March, 1366, the defendant, Wolf, knowing that plaintiff had not com- mittod a criminal offence, caused the arrest and incarcer- ation of the plaintiff, without process or warrant of law; ‘that the plaintiff wag confined in ‘“durance vile” for the space of one night, at the Houston street police station, and until three o'clock of the following day in the Essex Market prison, and that the plaintiff only efected his release upon payment to the defendant of $300, signing ® receipt in full and agreeing not to prosecute for false imprisonment. The complaint iurtber alleges that. it ‘was a contrived plan to extort money as the condition of omagmory release; that the receipt or contract given by jim was not stamped, and was procured by dress; and ‘that he suffered in mind, body and health, as well as to fgome extent pecuntarily, and demands judgment in the gum of $2,000, The answer denies every allegation contained in the eomplaint. Tt was elicited ip evidence that the text for the Dims arrest was the alleged embezzlement of $900 ey jim while in copartnership with the defendant at West, Florida, Case still on, SUPREME COURT—CIRCUIT—PART 3. Action to Recover $10,000 Damages from a Broadway Stage Company—Verdict for 81,000. Before Judge Sutherland. Mary Hurley vs. John MeLelland and Ano!her.—This ‘action was instituted for the recovery of $10,000 dama- ges for injuries resulting to the plaintiff by being knocked @own and run over on the 27h of September, 1862, by a Sage of the Broadway and Twenty-third street lino, of which tho defendants are proprietors, The accident eceurred in Broadway, near White street, at seven @’clock in the evening. The testimony elicited went to 6 that the plaintiff was about entering astage bo- ‘ing to another line, and wag struck in the breast by the pole of the Twenty-third street stage, which was boing driven at a rapid rate in rear of the former. She ‘was knocked down by the force of tho collision and run over, and received severe injuries in the spine, from swhich she was confined to bed for a long time, and is Sill suftoring. A number of witnesses were examined swho witnessod the occurrence, and several medical gen- ‘lomen also testified to the nature and extent of the in- Suries. The defence denied any knowledge whatever of the @ccurrence, The jury, after a short retirement, rendered a verdict for the plaintiff in the sum of $1,000. SUPREME COURT—CHAMBERS. Overdue Coupons of Virginia Rall- fotion to Strike Out Answers, Before Judge Ingraham. James A, Paterson vs. Orange and Alerandria Rail- voad Company, Same vs, Virginia and Tennessee Railroad Company.—These are actions brought on overdue cou- pons of these corporations, and came before this court yesterday on a motion to strike out the answers as sham ‘and irrelevant, and for judgment on account of the frivo- Jou anees of the answers. The defendants set up, first, that they have no know- Sedge ‘or information sufficient to form a belief as to whether they ever made the coupons or not. Second, that as the coupons feil due during the war, and asthe defendants were corporat‘ons situated in the States in Yebellion, the coupons thereby became void. Third, they set up the statute of limitations of the United States and of the States of Virginia and New York. Fourth, abey say that they have now on foot a plan for the funding of their coupons, and that if the plaintiff re Covers it may interfere with such plan, and that such taterference would be against public poi'cy. The Court reserved its decision, COMMON PLEAS—TRIAL TERM. A Whiskey Contract. Before Judge Daly. Clark C, Wilson vi. L, De Gerardin.—On the 14th of December, 1865, an agreement was made by the plaintiff and defendant, by which the latter wag to deliver to the former, on or before the Sth of February, two hundred barrels of prime Kentucky whiskey, on one day’s no- tlee, at $2 10 per gallon, Betweon that and the 16th of December the contract, which included a deposit of a ‘margin by the plaintiff of $11 per barre) with some re- epetiahle firm, was reduced to writing, and on that day ¢ontract was taken by his broker to the defendant Gnd actually received by him, Somo question then {rose between them as to the firm with whom the Geposit should be made, and the defendant or his broker directed the plaintiff's broker to return at one o'clock, and banded him back the papers, At about one the broker returned, buat in the two Bours of his absence whiskey had risen five cents a gallon. The defendants told the broker it was too late, and when, on the 4th of February, the plaintit demanded his whiskey he was refused. Whiskey had {hen risen to $2 31, and as there were 13,000 gallons in juestion, the difference amounted to $2,310. Tie de- dant claims that there never was an accepted con tract, and that if there was the plaintiff, by failing to Ker the margin of $11 per bbl good has forfeited it, The court held that the chief question for tho jury ‘Was whether the contract had been actually compicted @ the first interview, on the 16th December. If so then ‘the second interview, relating only to its fuldlment, did mot impair the plaintiff's right, if ho was at all times weady to fulfil his side of the contract, The jury rendered a verdict for the plaintiff for the amount demanded—$2,310. A Disagreement. Kenna vs, Strauss. —In this suit, brought for an alleged ‘Sesault and battery by Mra, Strauss’ upon Mra. Kenna, sccompanied by hair pulling, the jury were unable to agree. NEBAL SESSIONS. Before Recordi Hackett, This court wasin session only one hour yesterday, but ‘4m that time a sumber of indictments wero carefully ox mined by District Attorney Hall, brief consultations Bad with counsel in reference to each case, and pleas re estved and entered with marveleus despatch and without the least friction. If the prisoners had not pleaded gnilty it would have taken several hours to try each one @f them; but Mr. Hall, Le communicating wie, the bur. gars (the antecedents of whom were known to bit), eounsel being the channel of communication, succceded pa gousing them to plead guilty, Thus, hy the quick rT out and experience of the prosecuting officer, nearly throe days of the timo of the court and jury were paved. contractor, who ts enue, by which it ie alleged serious injury has resulted to several persons, $ius to have been tried Featerday; Bat in consequeace of previous eng: Is of counsel the triai was post. til Monday, the 25tb inst. aoe Jobn Willams, iho was indicted for burgiary in to fret degree, pleaded gu! ¥ gee Msceny, On the ist fost the premises of Poter P. el 144 Centre «troet we @ burgia jously entered, and dresses valued at $127 wore stolen. George Henderson, allas Robert Sampson, pleaded ty to burglary in the third degree, the indicimont ing forthe second grade of that crime. It nppoars that on the 12th of August the room occupied by Jolin H Sands, at the St. Nicholas Hotel, was. burglar en cred, and aleeve buttons and other jewelry briongiog to Mr. ands, which he valued at over §200, wero stolen, ective of the Lote! eubsequently found some of Woe articles in another reom. ‘The circumstances umpli+ Catny Henderson were etrong. Wm. Lewis, who was jointly ihdicted with another Peay = Serres ive Pairs of sieeve butions worth $47 e store of Messrs. fiffany ow the 27th of Feb) i guntty to the charge. pra a a issih es Tritable pleaded guilty to an indictment charg- tag bim with the larceny of 4 bamuber of watches fe sheared from the complaint. thaton the nig in of Februsry the Jowell of Lionel Jacotm, 177 yy Was burgiariow re y ho Parties, and over $4,000 worth of selena PA ore Was no tortimony showing that Trimble Durelary, but a short tim Weotive found thirty-nine en Poses: ion, inson alias Jaines Egan pleaded guil ‘ J aded guilty to gm lndiouneat charcing iim witi an acpeult mith ingewe of March wn lady in Broadway, om the 2d All these pre ts COURT OF SPECIAL Sessions, Before Instices Dowling and Keiiy, In this court yesterday the presiding Justices Cusposed of forty-two separate charges, of which tweaty two were for assault and battery; eleven, petit larceny; three. Violation of Excise Jaw; one, disorderly house, one, Penton animals; two, gaming, and two suspended sittin For striki shovel waitoed cing @ horse with a Phillip Callaghan ry Youngman, ki ‘a disorderly house at No. cabington ‘stroen, wad gentenced to aim months? jement in the itent! and $60 fine, and for Liquor without a Keenee at same place, was fined charge against John Barns, No, 847 Rast Thirty. sireeh for Yidallon of ind atlas law. Was die. COURT OF of the Were remanded for sentence til $30. The shiva NEW YORK HERALD, FRIDAY, MARCH 15, 1867.—TRIPLE SHXkkT, the defendant having been obliged to make ad- der intim by the officer Slattery, Perbaim, Evgene Reilly and Francis Clark, charged with gambling, Were sent to General Sessions, and George Waikley, presented for a like offence, was COURT CALENGAR—THIS DAY. rt.—Part 1. Short canses, 14s, Tose. 1100, Lond” Oo, 221, aon, 22 , 1144, 044, 597, 22, 1240, 1314, 1150, 1420, 651, 853, 1, Pa Surneme Court—Srsaal Traa—Demourrer No. 13. Tssnes of law upd fact, Nos 188, 125, 126, 199, 140, 142, 186, 187. DuPKEMM CouRT—CHAMMERS —Nos. 182, 133, 134, 125, 136, 260, 257, 258, 260,281, 283%, 293, 204, General cail commences at No. 300, Soresion Covrt—Triat Terw.—Part 1. Nos 2077, 3019, 1989, 3087, 2079, 8023, 3083, 30 , 3089, 8091, Part 2 Noa 2984, 3110, 3121, 3156, 3164, 817 3184, 3196, 8198, 2558. 3005, 1762, 3116, 3180, 3182, 2076, Pivas.—Part 1. 589, 376, 300, 540, 912, 596, 651, 662. Part 2. 865, 634, 580, 621, 644, 646, 64 Nos. 11: 524, 525, 146, 504, 627, 630, 635, 636, 637, SSE SS ww wom tm os Common 1, ma OOuRT-Non. 98, 20, 86, 118, 198, 132, 133, 194, 185, 196, 137, 138, 189, 140," 141, 142, 145, 144, Court oF Gexmnat Sxssions —The People va, James Quieiy, Patrick Collina, Timothy J. Gilmore, ick mes, Frederick Franck, Thomas Cassidy, Dominick Geraghty, Philip Coulter, Edward Coulter, Michael Nolin, in Regan, Bartholomew Gregan, Frederick Monahan, John Toole,’ Michael Kelly, Jeremiah Sullivan, Robert Hosie, violating Boat law; George Nutt, Edward WH- Kame, Jobn Rogers, C. A. Moffat, George Johnston, Eliza- beth Facenhoiz, Albert Smith, disorderly house; James Smith, receiving stolen goods; Isaac brass ‘knuckles; Patrick Nielly, robbery, Charles Schultz, petit larceny; John Roger, Hugh 0’- Rourke, Samuel Campbell, ‘Sweetman, George Schneider, Patrick Montagie, August Balte,(assauit and battery, 4 Surreme Coort—Circvit.—Brooxiry,—Nos, 97, 99, 100, 101, 102, 108, 107, 103, 109, 110, 111, 112, 113, 114, 115, 120, 127, 118, 1183, 219,’ Reserved causes—Nos. 23, 24, 49, UNITED STATES SUPREME COURT. Opinions of the Present Term—The New York ‘ax Cases—Taxat of National Bank Shares by the States—The Right Affirmed, and the National Bank Act Construed, The People of the State of New York, ex rel Duer, and the same, ex rel Mead, vs. The Commissioners of Taxes and Assessments of the City ¢ New York, and a Number of Other Cases.—The facts in these cases are familiar from frequent publication, and they are sufficiently restated in the opinion of the Court, By the Court, Mr. Justice Nelson delivering the opin- jon—These cases are writs of error to the Court of Ap- peals of the State of New York. The relator in the firet ws an owner of one hundred and fifty-two shares of stock in the National Bank of Commerce in Now York. The capital of the bank con- sists of one hundred thousand shares of one $100 each, and which is Invested in United States secur- ities, and exempt from State taxation. The Commis- sioners of Taxes in making their assessments valued the shares at par, and im upon them the same rate of tax as was impos*d upon other personal property in this city. The Commissioners, in their return to the certio- rari, state that in estimatiug the value of the shares they made no deduction on account of the investment’of the capital of the bank in United States securities; that in the valuation of the personal estate of individuals these securities held and owned by them were deducted and the tax asgessed on the balance, and the like deductions were made from the capital of insurance companies, ‘The assessment,of this tax on the shares of the relator in the Bank of Commerce was carried to the Supreme Court of the State, and after argument was afirmed, and thence to the Court of Appeals where tho judgment of the Suprene Court was affirmed. The case is now hore on error, under the twenty-fifth section of the Judiciary act. Tho first objection taken to the logality of the tax is on the ground that the Commissioners in’ their valuation of the shares refased to deduct the amount ot the capital of the bank invested in United States securi- ties, and hence refused to regard this deduction in the va uation of shares, This question has heretofore been considered by this court, and after full deliberation de- termined, in the case of Van Allen vs. The Assessors (3 Wallace, 573), and need not again be examined. That case was one of a large class of cases, which were thoroughly argued, and received at that time the most careful examination of the court, The next and per- bape the only material question in the case, arlees upon a construction of a clause in the first proviso of the for. ty-first section of the National Bank act. After referring to the taxation of these shares by State authority it pro- vides, “but not at a greater rato than is assessed upon other moneyed capital in the hands of individual citi- zens of euch States,” Ibis argued that the agsesement upou the shares of the rel: ig ata greater rate than that of the nal y of — mdividual OO account of United States securities made on held and owned by them, when at the same time the deduction was disallowed to him. Tho answer is, that upon a true construction of this clause of the act the meanivg and intent of the lawmakers were that the rate of taxation of the shares should be the same, or not greater, than upon the moneyed capital of the indi- vidual citizen which ig anbject or liable to taxation. That ia, no greater proportion or percentage of tax in the valuation of the shares shouid be levied than upon other moneyed taxable capital in the hands of che citi- zens. This rule seems to be as effectual a test to prevent unjust discrimination against the shareholders as could well be devised. It embraces a class which constitutes the body politic of the State, who make its laws and provide for its taxes. They cannot be greater than the cilzens impose upon themselves It is known that sound policy in every well regulated and enlightened State or government exempts certain descriptions of property and also certain institutions, such as churches, hospitais, academies, cemeteries and the like, from taxation. But these exemptions have never been re garded as disturbing the rates of taxation, even where the fundamental taw had ordained that it should be uniform. The objection is a singular one. Atthe time Congress enacted this rai as atlimita- tion against discrimination it was well known to that body that these securities in the hands of the citizens were exempt from taxation. It had been so hold by this conrt, and for abundant caution had passed into a law, The argument founded on the objection, if it proves any- thing, proves that thes» securities should have been taxed’ in the hands of individuals to equalize the taxa. tion, and hence that Congress, by this clause in the pro viso, intended to subject them, as thus s'tuated, to tax- ation, and therefore there was error in the deduction. This we do not suppose is claimed, But if this is not the result of the argament then the other conc from it is that Congress required that the Commi: should dedact the securities, and at the sam tended the deduction, it made, should operate as a vio- lation of the rate of the tax prescribed. We diseent trom both conclusions, and think a sonad conetrnetion of the clause, and one covsistaat with its words and ia tont, 18 also consistent with all the acts of Congress on the subject. The Commissioners, in their return, state that insurance companies created under the’ laws of the State, and doing business in the city of New York were respectively assessed upon the bak of their capital sirpins profits, liable to taxation, after deducting therefrom such part as Is invested in United Sta‘es scourities, Another objection taken is that the taxation of the shares ot the relator is illegal on account of this deduction, it being a departure from the rate of assessment prescribed in the clause already cited, ‘The answer is that the clause docs uot refer to the rate of assessment apon insurance com- panies ag a test by which to prevent discriminanon Against the shares; that is, conilned to the rate of assessments Upon moneyed tap tal in the hands of indi- vidual citizeos, These institutions are not within the words or contempiation of Congress; but o1 were, the answer we have already given to of these securities in the assessment of the individual citizens, 18 equally applicable to th companies are taxed on their capi holder, at the same rate as otber personal property in t state. There is not much danger to be apprehended of & discriminating tax in their favor prajudicial to ti rights or property of the citizen, and, of course, 10 the property of om, These rights of the shareholders in these natiooal banks, who Lon the same footing. Ihe relater inthe secoud is the holder and owner ot twenty-live ja the Corn Exchange Bank, York, incorporated under the laws of Tho act of April 23, 1866, impos d a tax on hares of (hese banks. It is insisted that the tax is unt of the refusal of the Commissioners to United Sta’es securities, in which # portion of stock of the bank was invested, ‘The generat as diet.netiy presenied in the bank cases of crm, of whit Van Alien va The Collector was the question w » of ty *—(3 Wallace, 673, 583 and 534)—and dis- posed of, Tt was there asia: —"But, in addition to this view, the (ax on tho shares is Hot a tax on the capital of the baak. Tho corporation is the Iseai owner of ali the property of the bank, rect and personal, and within the powers conferred upon it by the charter, and for the nur poses for which it was created, can deal with the rate property as absolutely as 's private individnal can deat with his ewn. Tho interest of the sharvholder et Utes bim to participate in tue net profits earned by the bank in the employment of its caplial during the exiet- ence of its charter, 1M proportion to the number of his res; and upon its diseoleton or termination, to zis proportion of the property that may remain of the corporuiion after the paymont of its debts, ‘Thia is a dise tivet, iudepondent interest or property, shareholder Like any other proporty that may belong to him,’ and we aid, of course, Is Hable to lke taxation, Lt wae tupposed o@ the argumont that this prince. pio was in conflict with that which governed the decision of ibis court in the case of Gardner va The Appoal Tax Court— (How, 133)—out this ia-@ mistaxe. That caso trad opon the consiruction of an act of Maryland exempting the bank from taxation on account of a large bonus to the Srate for the extension of the charter, This Court held that npon @ strlot construction of the ket the sto holders were within the scope of the exemption. The Court saya: —"In whatever way We examine the acts of 1513 and 1821, we are of opinion that it appears from the eleventh section in those acta to have been tho intention of the Lovisiatures whieh to exemp: ihe stockholders from taxation aa porsone, 00 account of the sock whieh they owned im ihe banks? Some other qestions Were d scnased on the arrument besides thore ave ° Court can of them the Judic affirmed Mr. Coiet Jarry o —| eonent brothers na Conga, t Just read. Wayno and T dissent from tay opiates raga of sen aueteahy appear It our dissen'ing opinion im the ease of Van Alien vs. The Assessors, read at the last term, and we do uot link 1 mecessary to repeat them. diss»nt was to the effect that these shares could not be thus taxed by the States, —Reroargx.) Oficial Opinions—Pre-Emption Under the Act of 1814~ Annulment of Patent—The Govern- ment Should Seek te Annul when the Patent is a Bur to the Performance of Public Duty— The Power of a Court of Fauity in the Premincs—Judgment when a Bar, &c., &c. David M. Hughes, appellant, vs. the United States —Ap~ pea! from the Cireuit Court ef the United States for the Eastern District of Louisiana, This action was brought to vacate a patent issued by the government for certain lands in the State of Louisiana, and to compel its sur- render for concellatiop. The bill alleged that the patent was issued in violation of the rights of private parties, who claimed by pre-emption and that its existence ren- dered the government unable to fulfil its engagements to such parties, The facts sufficiently appear in the opinion, By the Court—Mr, Justice Field delivering the opinion :—By the act of Congress, April 12, 1814, every Person who had inhabited and cultivated a tract of land lying in that portion of the State of Louisiana, which had composed the Territory of Orleans, or in the Terri- tory of Missouri, where the land was not right- fully claimed by any other person, and who had not removed from the State or Territory, was entitled to the right of emption in the purchase of the land, under conditions and regulations pro- veribed by & previots act, passed with referencs to certain settlers in Illinois, The same right was extended by the act to the legal representatives of the original occupant, Under this act Goodbee, in 1822, applied to the Register and Receiver of the land office of the dis- trict to become a purchaser of a tract supposed to con- tain about one hancred and sixty acres, which had beea cultivated and oceupied by one Beedle in 1813, under whose settlement he claimed. Itis right to pre-empt the tract. was recognized by the officers, and, the re- quired price being paid, the uenal certificate was issued to him, The land at this time was designated as lot number one, under a special system of surveys au- thorized by the act of Maroh 3, 1811. It was some years later before the general system of surveys into ranges, townships and sections was extended over tho country, and when this system was extended the legal sub- d.vision embraced about fifteen acres in excess over tho ono huofred and sixty, To this excess, as partof the origfnal lot, Goodbeo’s right of pre-emption, under the regulations of the General Land Office, also attached. At the time he made this entry Goodbee was in the open and oxclusive possession of the premises, and either ho or his grantees subsequently contioued in such posses- sion and cultivated the lands and erected valuable and permanent improvements thereon, In 1823 the Presi dent, by bis proclamation, ordered the sale of the pubic lands of the district, The proclamation ‘was general in its terms, embracing all tho lands with- out excepting such as had been previousty pre-empted or reserved, but’ the parcels pre-empted. or reserved were designated by proper entries in the register of tho Land Office, The tract occupied pes Goochee was thus designated, and was not offefed at the public sale which took place, In 1836 Hughes entered this tract at private sale, designating it by section, township and rango—the proper desoription under the errpleted pnblic survevs. ‘he officera of the Land Office, overlooking from the ¢if- ference in its description the fact that the tract had been previously sold to Goodbee, gave him the usnal cer. tifleate of purchase and payment, upon which, in April, 1841, a patent was Issued by the United States. It is to vacate this patent and compel its surrender for cancella- tion that the present suit is brought. It proceeds upen the ground that the patent was issved in violation of the rights of Goodbee, or parties deriving title under hira, and that its existence frpairs the ability of the govern- ment to fulfil its encagements to him. Bythe act of April, 1814, the United States had extended to him the privilege of purchasing tho land, and had prescribed the mode of proceeding to make the purchase, and fix d the price to be paid. When this mode was pursued and the price was paid a contract was completed between him and the government, which tho latter was bound to execate by a transfer of the title, The patent to Hughes, subseqnently issued, stood in the way of an efficient and just execution of this con- tract. Iw operation was either to divest the United States of the legal title, or by clouding the title to im- pair the securily which would otherwise flow from thelr conveyance, When this case was here on dewarrer (11 How., 568; Jackson vs. Lawton, 10 Jan., 23) the patent was constdered by the court to Le a valid instrument, passing the fee of the Unked States, and until annulled, as rendering them incapable of complying with the'r engagements to Goodbee or his aliences, Whether regarded in that aspect, or as a void iostrument, issued without authority, it was certainly prima facie translative of the title, and therefore tt was the plain duty of the United States 10 seek to vacate and annul the instrument, to the end that their provious en- gagement might be fulfilled bythe transfer of a clear Utie, the only tile intended for the purchazer by the act of Congress. And the power of a court of equity by its decree to vacate and annul the patent, under the circum- stances of this case, is undoubted. Retic’, when deeds or otber instruments are executed by mistake or inadvert- ence of agents, as. well as upon false eu; tions, is a common head of equity jurisdiction. And the paten- tee canot complain of the proceeding, for the open, notorious and exclusive possession of the premises by the parties claiming under Goodbee, when the patentee made hig entry and received the patent, was. fuficient to¢ put Ehim upon inquiry as to the interests, legal or equitable, hold by them; and. if he nectected to make the inquiry he is pot entitled to any greater considera- tion than if he had made it and ascerinined the actual facts of the case, The judgments recovered by Hughes in the State Court of Lou siana—one m an action brought by him aeainst Sewall, and ono in an action brought against him by Sewall and Hudson—constitated no bar to this suit. The first case was cjectment against Sewail, who was atthe time in the occupation of the land, and judgment passed in fiughes’ favor, the ground that the court could — m that form of action, go behind the patent and in- quire into the aguities of the parties, On appeal,.the judgment was affirmed by the Supreme Court of the State, but was accompanied with a stay of execution until the validity of the patont should be judicially ascer- tained, Lhe second case was a petitory action, brought ‘by Sewall and Hudson, claimants under Goodbes, having for its object the vacation of the patent, the annulment of the above jet #gainst Sewaill, then pending on appeal in the Supreme Court of the State, the recovery of damages, and the obtaining of an injunction. No judgment was passed upon the merits of any matter alleged. The petition was dismissed for want of jurisdic. tion and the absence of proper parties, eo far as it related to the special relief sought bg this sui d surrender of the patent—and it was on the vround that it was ‘defective, sufficient in the statement of the canse of requires no argument to show that judg are no bar to tig present enit. In oror that a Jadgment may constitute a bar to another cuit, it must be rendered in a proceesing between the samo parties or their privies, and the point of controversy mnst be the same in both cases, and tha: most be determined on ite merits. If the first suit was dismissed for dotect of pleadings, or par- ies, or a misconception of a form of proceedings, or the want of jarisdichion, or was disposod of on any ground which did not go 19 the merits at the actin, the wae: ment rendered will prove no bar to another suit, (Woldon va, Bodley, 14 Pet. 156; en, Fy., sees, 629, 630, and authorities there clied.) Judement affirmed. THE CASE OF THE STEAMSINP BALTIC. It will be remembered that not long since the steamer Baltic, of the New York and Bremen line, was attached by the United States Marshal, by virtre of an execution issued at the suit of Messrs.~ Poillon, the ship builders, and that the vessel sailed from this port with Deputy Marshals McCay, Dwyer and Jarvis. These officers were sent ashore in a tug before the Baldc had reached Sandy Hook. Since this occurrence warrants have been {ssued for the arr st of Captain Isaac Taylor, President; J. K. Hill, attorney, and Charles Borscher, tho ling, and also Marstial White, a Sandy Hook pilot, all of whom had been charged with lilogally resisting the Marshal while executing a process isened from the Vaited States District Court, The parties accused have appeared before Commissioner Osborneand each given baul in the sin of $1,000 to answer the charge whenever called oa to do ¥ Superintendent of Amounts E: nded by the Union Defence Committee During the Years 1861 1862 in Raising Troops-Colors to the Sixty-Ninth Regiment, &e, - The Board met at four o'clock yesterday afternoon, Aldermen Shannon {in thee hair, Alderman Losw presented the following preamble and resolution :-— solution was s the members payment by the ice. ie ani unpatd of and 13 this city, oe. 1a (aralahtog baited inition, @e, and Whereas in thie Phigeyeuimtdy Cone ot of the elaim of this amounting to about eertiiton ‘a ove Eetwered (0, «should be immediately taken expended. to be rorunded to othe Mayor, reqrestt m this elty to nrge the erament of the reqt and as it is desir x to cause the above xtnount the city. be it therefore Resolved, That a sp this Bosrd be appo. urge upon the proper o mout the pecessity und to the general tbe pro- mise then given, orat | honey would be at woune Cu of New York: « and from Washington to be borne and paid The resointion was adopted, and the President a pointed Aldermen Loew, MoGiunis, Coulter, Hardy and. Coman aa the commitice Resolutions were prevent and reterred in favor of ein fo a umber of streets with the Nicholvon Pavem Mayor Hoffman sent ina communtcation, stating that at ten o'clock next Monday metning ho will present, in froat of the City Hail, on behalf of the city, @ stand of colors vo the Bixty-ninta regiment, The Board took up for consiaeray.‘on the for the year 1967 ax ame: ind agonted by the Conn ciimen, aud concurred in all of said acnendments, which iready padiished, A resolution was adoy'ed to appoint # jenitor for the oer Library, Whose duty {' Tail be up Qtranee, clean and see Wo the preservs! ihe hooks documents of the elty inthe uy). Ja the Cny Hall, and to ports» * may be required of bir Counell by whom thy a salary of ed. The %6 App. “f ann Hd wjOUr A & yal LOO POLICE INTELLIGENCE. A Shortyrer Cavur iv THe Acr.—A hard looking customer gitng his name as Charles Mason yesterday went to the Aore of Arthar M. Cocks, No, 101 Church street and deiyerately seizing upon twelve pieces of dress goods valud at $150, walked away with them. Mr. James H. Tuyor, who witnessed the theft, pursned Mason am cansed \i3 arrest by officer McCormack of the Third precinet, withthe stolen gouds in his possession. The prisoner was taky, before Justice Hogan and com- mitted, to the Tombs ft trial. Mason is thirty years of age, a carpenter by trae, and lives in Wooster street. Tue Tontixe Horst Oyreace.—Arthur Price, one of ‘the parties accused of belg concerned in committing & Bross apd indecent outrige upon Ada Lamb, at the Tontine Hotel a few nights ygo, was yesterday admitted to bail before Justice Hogan » the sum of $1,000. His bondsman is Mchael McDermor, of No. 1 Centre Market place. Price, who is only twen') years of age, is waiter in the Tontine Hotel. He denies jg guilt and says he knew nothing Of the outrage till au honr or two atter- wards. Ada b is improving andwitl soon be able to appear in court to prosecute her asAjlants, Cnarcm or Fatse Pretexces,—Chates Torrens, a young man, twenty-two years of age, avative of Buf- falo, was yesterday brought before Justice Wogan, on a charge of frandulently obtaining property from Joseph Byrnes, No. 89 Cherry street, The latter charges that Torrens called upon him and represented himself as seaman, that he had just arrived from San Francisco on the ship Kate Prince, after a passage of 145 days, that he had received an advance of two months ($0) and that there was a balance dne him of $85. Torrens wished to have Mr, Byrnes purchase some clothing for and also board bim till he could get the money due him from the ship, when he wonld pay the bill, Mr. Byrnes, belicv- ing the representations made bythe prisoner to be true, furnished him with clothing to the value of $36 50, ani snbseq - learned that Torrens was not a seaman, and that all the representations made by the acoured ‘were false in every particular, The magistrate commit- ted Torrens to the Tombs for trial in default of $500 bail. Torrens some months ago was found destitats in the streets of Buenos Avres, when the captain of an Ameri- can ship kindly consented to bring him to New York free of charge. Viotatixc THe Asnes Law.—Nearly twenty-five men, women and children were arrested yesterday and brought before Justice Hogan charged with throwing ashes and garbazo in the street, in violation of law, The delinquents were fined $5 each, and in default of pay- ment the magistrate committed them to the Tombs. Atteasp Lancexy or a Watcn.—A foreign and festive looking individual, who gave his namo as Louis E. Donge, was arraigned yesterday at. the Fourth District Police Court upon the above charge, The complainant, George Pierca, of 34 East Twelfth street, stated that on March 7 he left bis room, on one of the upper floors of the house, to go down to lunch, Jeaving his watch (a gold bunting case), which ho values at $125, hanging tn the room he left. Upon returning there he found the door locked, it being opened in answer to his summons by Donge, As the latter had no business there Mr. Pierce ordered him to leave, which he did. Some time after his departure Mr. Pierce discovered the loss of his watch. Justice Kelly committed the accused for exam- ination, Warterina Micx.—Albert Schulberg, of No, 304 Madi- son street, was arraigned before Justice Kelly at the Fourth District Police Court, on complaint of one of the sergean's of tho Fourth District -Police Court, who charged him with diluting milk with water, in violation of an ordinance of the Board of Health. He was com- mitted to answer. A Lxery Yourt.—James Thompson alias “Charles Wright, a lad fifteen years of age, was arraigned before Justice Ledwith yesterday on a charge of vagrancy, having been found loitering about the streets by detec- tive Woolsey, and having no visible means of support. Thompson was recognized as a reputed pickpocket, hav- ing been arrested on that charge four different times. Justice Ledwith committed bim to the Workhouse for sixty days. Cavont in tar Act—Nathaniel W. Halsted, of 264 Ninth avenue, caught Peter Coyle in the act of stealing a chest of tea from in front of his promises, and caused his arrest and arraignment before Justice Ledwith, who committed him to answer, in default of bail. ALLeagp Larcexy.—Ernestine Doughnut was arraigned before Justice Ledwith yesterday, charged by Dominick Moran with the theft of a pocketbook containing $32. It appears from the complaint that the parties were in a polley shop in Twenty-fifth strect, near Sixth avenue; that ine stood quite close to’ Dorainick, who had the money in his hand, and pat it im his pocket; shortly alter, Dominick, wanting some money, pat his hand in his pocket and found that the pooketbook was gone. Ernestine was held to answer in $500 bail, Newsrarer Tarxves.—For some time past merchants and others doing business in the lower part of the city Dave missed finding the Heratp and other morning papers at their places of business on arriving there in the morning. Captein Warlow, of the First precinct, ‘was made acquainted with the fact that newspaper thieyos wero oporating within his jurisdiction, and he accordingly took measures tohave them arrested. At an early hour yesterday morning officer Finnerty, a car de- tective belonging to the precinct, arrested a man nai Jobn Dillon as be was in the act of stealing a copy of the Hisratp {om the doorstep of an establishment in Wall street. ‘The prisoner waa taken before Justice Hogan, at the Tombs Police Court, and appropriately disposed of, NEW JERSEY INTELLIGENCE. Jersey City. Tax Common Covxcm. to Be Scrp ror Tas Mrutany Tax.—The claim of the Hudson brigade officers having been referred by the Common Council to the Committee on Finance, that committee bas refused to pay the amount collected for military purposes te the county militia, The District Attorney indorses this action on the ground that there is no existing law to enforce its payment. Itts now proposed by Coloncl Gregory, on the part of the militia officers, to sue the sureties of the Collector for the amount so as to. make this a test case, which will briate any fature difficulties, A Drarze tw Osscene Pictures ARrestrp.—On Non- day the Chief of Police received a letter from a gentle man residing in the State of Maine, setting forth that he had received a circular in the name of a certain firm in Montgomery street, Jersey City, offering to send obscene books, pictures, &c., for a nominal sum. A detective was rent on the case, on Wednesday evening he ar- reated a man in the act of receiving forty-two 3 fOr the firm alluded to at the Post Oflice. He gave bis name as Charles E Mackey, a resident of Metacnin, New Jer- sey, Strange to say, the Recorder was obi: to dis. charge this man, as no law exists that covers this case. Caution To Emsgrants.—A young man named Emil Ernest was arrested yesterday on a charge of obtainiug money under false pretences from emigrants at the Erie Railway depot. Ho had been in the habit of meeting German emigrants on their arrival at Castle Garden and conducting those who desired to go West to the Erie Railway depot, where, on purchasing tickets, he would charge them $13 each for stamping the tickets, on the lea that the ment required it asa tax, and be irther chat them $2 each for his trouble, He was commited for examination. Narrow Escars on 4 Ratroap Crossiva.—One of the Hoboken horse cars was crossing the track of the New Jersey Railroad at the Grove street crossing, about hatf- past eleven o'clock yesterday forenoon, when a passing train skimmed oon a) Ce ae of the car. xy one econd Rooner an car passengers would have met with a horr'ble fate. One boy jamped off before the train had come up. There must be a laxity on the part f the tender. bs cai Newark. ‘Tar Eracoraisass ano tax Souruern Retry Foxp.— ‘The Right Rev, William H. Odenheimer, Bishop of tho Eptscopal Diocese of New Jersey, has addressed the fol- lowing letter to the clergy and laity of that dioceso:— oven Buntunen—Authentic statements assure as that a Attire eaina ie Iarge sealona of the Routh, and tht men, women and chil for want of food. Let u Foe re cee: help ourauttering brethren, and Tet te dot ronnpit, cheertUily aly. T teerminend that n col: fect famtne in the Suh be made In exch church, cba ihe DI ay, the earlint ds the fs ew f B eine tabaane Medea ae boa “Pune, A. De 687, WILLIAM HENRY ODE NAY MER, ‘Tur Potrce Ask FoR Fxcegasny Pay.—Yesterday af. ternoon a meeting of the city police was held at Bren- ner’s Hotel, in Market street, Lieutenant Henry acting ar president, to consider the propriety of asking for in- creased pay. The object of the meeting having been stated, @ motion was agreed to that a committee ba ap- pointed to draw up a petition asking the Common Coun- cil to Ce a os. of rane gel of (Ge police force twent} ‘cont on the present pay, This will givo nouteret the day force $3 instead of $2 60, which they now receive. Trenton. Passace oF Tue Mornw CawaL Brt.—The Morris Canal bill, the passage of which im the State Sonate was, Aneomby Youterany whhowt opposition,” This wetion wiu act virwually kills the jet Basin project, STATEN ISLAND INTELLIGENCE, Burowaky.—Georgo Smith, a colored man, was ar- rested on Wednesstay last, by officer Johnson, of Staplo- ton, for break to tho stable of General Paver and fag crettom a 900 ba Larcexy.—A young man named John Casroll was ar- rested yesterday at Stapleton, on complaint of Benjamin Ryder, who swears that Carroil, in company with agother et canght, went on board of his smack, one a ie ‘Ho was seut to the cou." New arrested yesterday wsGioi. for eeling Nguog wiuhout & louse I THE SWILL MILK CASE. Examination at the City Hall Police Court. Brooklyn—Conclusion of the Testimony for the Defence, &c- The case of Morris Phelan, indicted at the instance of of the Society for the Prevention of Cruelty to Animals tor “cruelly and inbumanly torturing a large nutaber of cows by keeping the said animais confined in a certain stable occupied by him without proper ventilation, and in such a manner as to cause disease and doath among said cattle,” was contipued yesterday, at the City Hall Police Court, Brooklyn, before Justice Cornell. The fol- lowing evidence was taken in behalf of the defence:— Charles Pilgrim, sworn:—Was a veterinary surgeon; had visited the stables of the defendant, Mr. Phelan, Jasterday morning; the stebles might ‘be amply venti- ted by means of the doors and windows; there were plenty of openings in the stables to properly ventilate them; cows needed pure air, and it was also necessary to keep them moderately warm during the winter; wit- ness examined the cows of Phelan; they were in very good condition and exhibited all the indications Of perfect health; he saw of them lylug down; they were ted to by the neck with a rope or strap and a chain attached to it; the rope in some cases was about ten aches long, in others about fourteen; the animals were able to turn their head round, and lick their sides, if they chose to do so; the manner in which Phelan kept his cowa was not in the§opinion of witness inful or injarious: it was the ordinary manner of Qeeping. them in cities; he had seen cows tied, much Closer to post and in a more cruel manner; the ab- sence of proper light and ventilation in a stable would he productive of digease in the animal; whea he visited Phelan’s stable, the doors and windows were open; it was a common Occurrence to keep a cow tied up for ‘six months; the animal would not be as comfortable as if it were running loose in a lot, but be did not think diseaso would result from confinement alone, it they had proper air and light; had attended professionally Phelan’s horses, bnt not his cows, Mr. Connor, recalled—Remembered the condition of the stables whon Mr, Borgh visited them, and also when Mr, Pilgrim was there; the animals wera kept in tho same manner on both occasions; there was no difference in the treatment of the cattle; the day when Mr, Berch was there might have been colder; the ventilators were always kept open, Mr. Fletcher, sworn—Had frequently visited the sta- bles of Phelags had mado lately a special examination of the stables, at the request of the defendant: the st - bles were of brick, two stories high, about sixty fect in width and a hundred feet deep; there were five ventila- tors in the roof; there were eleven doors on the first floor, in front'of the stable, and five on the second story, there were eleven windows on the . opposite side, and six windows on the west side; the cows were allowed about three feet between them to lie down; that ‘was what they were generally allowed when fed from from the distillery; im the country siall fed cattle were allowed about four feet; the stables of defendant had always been well ventilated when he visited them, so far_as he could judge; the deprivation of ventilation or light would not increase the quantity of milk given; the disease which raged here among cows a few years ago originated in a diseased cow which was imported from Engiand in 1848; this disease, pleuro-pneamonia, was contagious; bad never known cows to bo diseased with that ma'ady from confinement simply; cows kept in the country snflered equally from it’as cows in the city; the effect of feeding brewers’ grain to. cattle was good; it was generally prized by farmers a valuable article of feed; Phelan's cows got all the hay they conld eat; in his stables, on a winter day, he did not think moro than one door and window should be left open; the ventilator in the roof was always open; during the last three yoars pleuro-pneurnonia had decreased about ninety per cont; the disease was dying out, and was no longer so conta- gious and infections as before; had seen stump tailed cows in Mr. Phelan’s stables five or six years azo; he be- Heved milkmen in the city did not generally vaccinate their cows; the first indication that a milkman had that the cow was suffering from pleuro-pneumonia was the stoppage of the flow of milk ; witness had sold defendant distillery grains, or what was commonly called swill; the nutriment in the grain was not taken out by the pro- cess of fermentation, or else the cows would mot fatten upon it; it was impossible to get all the. sac- charine ’ matter out of grain; two barrels of awill would feed three cows; had not sold Phelan any swill during the last three months; witness was em- ployed to superintend theso stables, thongh be had nothing to do with the cows; he collected the reat and the money for the grain. Air, Do Witt then road extracts from the renort of the Massachureits Cattle Commission of 1862, showing that, after due investigation and inquiry, they had ar- rived at the conclusion that pleuro-pnoumonia was an infectous disease, and did not originate in bad ventila- tion or confinement, Dr. Van Noss, sworn—Lived within a block of tho sta- bles occupied by Phelan; the nature of that locality was er been in tha.stables, bnt erally healthy; had fad seen the ‘cows once, when the stab'es were burned, about three years -ago; from what he had seen of the building ‘he they had amplo facilities for ventilating it properiy; had never in his practice known any children to die from ‘using Phelan’s. milk; the milk from dit cows was of course unhealthy; most people in that locality used milk from those stables; the absence of daylight dor ng a considerable portion of the day would not creaie physi- cal diseage {n an animal, or be injurious to health; he meant light as separate from heat; moonlight was on- healthy; reflected light was always unbealihy; it was supposed that this was in consequence of. the absence of heat; stables kept warm by the exclosion of daylight wero more healthy tor cattle in winter than if they had light aceompanied with cold; ventilation was indie- pensable in sicknesa, but light was shutout toa consid- erable extent; heat was more essential for animals than light; it was more important to have the ventilator in a roof large than to havethe of ingress or the win ws large; in astable with twenty-five cows, with a large ventilator in the roof, one single open window. would bo sufficient; that would give an abundant cirqu- lation of wholeso: ir; witness kept bis own cow, but he fed her on grains. Fletcher recalled—The use of swill did not rot the 8; the swill was poured tu the trough very hot, but the cows would wait until it got cool; they feveed ang able, by use, to drink the swill nearly ing This closed the evidence for the defence. The care was then adjourned until Saturday, at two o'clock, when the arguments of counsel will be" beard and a arrived at. SHALL WE REPEAL THE USURY LAWS? TO THE EDITOR O€ THE HERALD. The question of abrogating all laws regulating the power of money to increase itself by interest nas lately been agitated in West Virginia and North Carolina, and is now introdaced by Richard H. Dana into the lower House of the Legislature in Masgachusotts, As the record- €d opinion ofthe Secretary of the Treasury is also in favor of such abrogation, it will do noharm to examine the subject a little through the columns of.the press, A su- perficial view of the question might lead the public to endorse the claim of money to increase itself by luter- est, simple or compound, at any rates which may be agreed upon by the parties interested; yet history telis us that almost al! civilized nations, ancient and modern, have found it necessary by law to limit simple, and in ‘moat casos to absolutely forbid compound, interest, ‘The right of money to increase per se, or by interest, is in itself disputed by many authorities, Not a few legislators and many philosopbers and ecolestastics have steadily denied it, Aristotle declares that ‘“nopey is properly only a medium of exchange, and that it should have no legal right to inctease except ‘by Passing directly through some form of labor.” If is de- nounced by Mahomet in the third and thirtieth chapters of the Koran. Itis thrice condemned by the laws of ‘Moses, and is absolutely forbidden by that logislator between Jew and Jew. Tho ancient Roman republic forbade it in the four hundred and eleventh year of the city of Rome, The doctrines of the Catholic Church are utterly opposed to any direct intereet for moncy, and not a few of the popes have anathematized it, The law which first permitted and secured interest for money in England, which was passed in 1645,.and the foundation law on which the ayatem now stands, which was passed in the reign of Elizabeth in 1571, carry their own con- demnation on their backs, The Protestant bi: , Who in both instances sternly and unanimously disputed their passage, wero, to ease their consciences, permitied fm them their tostiinony that any taking of interest for money loaned was ‘mortal sio."’ The emi- uent historian Charles Roliin cal}3 usury or interest “the most prolific source of buman misery ;" and tho learned biblical lexicographer, Calmet, doclariecs 1t rests on no law, natural, human of divine, While no’ one denies tie right of money to Increase directly through labor, many dispute the policy of legalt- ite. power to ipcfease ait power perse. Itis submitted that ty 20-dol money is invested and armed with a power rT that of wealth itself, which it was invented to tand toforve, But this position it has beld for the Inst three centurios in Christian nations; so that it may considered sanctioned by time, It te also certain trat t Present finan. cial system has forced the intelleci ductive lence, and physica! pro- Of man to the highest pitch of excel- ‘would be praiseworthy were it unalloyed; but there are those who assert it has bee! i iu Hpi ipl ‘ anrene “GENERAL'S DEPARTMENT. The following instruetions to officers of the Brevet Major John L. W Assistant Quat or foods, rtermast of Voluatoers, 1s directed to report tn pergon to the Cong manding General of the Department of Arka assignment to duty in the Burial —— Se . J. Eckerson, Assistant Quartermaster, is 10 repair to San Francisco, California, and for examination: to Brevet Major General McDowell, of the Re~ tiring Board, Brevet Brigadior General R. Assistant Quartermaster Genera), is directed to Boston, Mass, and relieve Brevet Majer J. W. Mc-. Kim, Assistant Guantermasier of | Volunteers, of his: duties and all public property in ; McKim, on being relieved, is instructed to report by letter to the Adjutant General of the army for iurther orders, Brevet Bricadier General & B. Holabird, Deputy Qoartermaster General, is directed to report im person to the Commanding General Department of Dakota, as Chief Quartermaster of that ment, 'Te- Neving Brevet Colonel J. G. Chandler, Acting Quarter- mastor, of his present duties, Colonel Chandler, upon being relieved, is ordered to report. in person to the Commanding General Military Divieion of the Missouri for assignment to duty. > | DEPARTMENT OF THE ARKANSAS. An order has been issned from headquarters Depart- ment of the Arkansas, saying the War ent have ing decided that inspection, having in view tho ¢con- demnation “of public property, shonld be perfurmed, whenever practicablo, by officers in the Inspector Gene- ral’s Department, post commanders will not in futare make such inspection, except in case of perishoble arti- clos or public avimals sick with contagious diseases, whon immediate action ‘s desirable, unless speciaily so instructed from these headquarters, DEPARTMENT OV THR COLUMMTA, Genoral Steel, commanding the Department. of fhe Columbia, has announced that the headquarters of the Department has been transferred from Victoria, Wash- ington Territory, to Pertland, Oregon. DEPARTMENT OB DAKOTA, Brovet Major General A. H. Terry, commanding De- partment of Pakota, headquarters Fort Snelling, Minn., on the 4th instant issued orders making the following disposition of troops:— 4 One company Tenth infantry at Fort Snelling, Minn. 5 two companies Tenth Iniantry at vererombie, D. three companies Tenth infantry at Fort Wadsworth, , and two companies Tenth infantry ata uew post to be established on the Chevenne river. Fort Ridgley will be abandoned; the company now stationed thera, with one of the compantes at Fort Wadsworth, will con- stitute the garrison of the new post on the Choyennos one company Twenty-second infantry at Fort Dak E. Olar; to procead Te; D D. T.; one company Twenty-second imfantry Fort Randall, D..T-; four companies twenty. second iniantry at Fort Sully, D. T. and four companics Twenty-second Ynfantry at Fo: » D. 0. Fert Thompson, D. T., will Ba abandoned; the company of the Twenty-seeond infantry now there will proceed to Fort Sully, and wath the three companies of the came regiment already there will constitute the gar- rison of that post. The two companies of the Twenty- second infantry now at Fort Randall and the two new companies, Fand K, of that regiment will constitnte the garrison at Fort Rice. Five companies of the Thirty- first’ infantry at Fort Buford, D. T.. at @ new port to be built in the neighborhood of Fort Berthold, D. fT. Two comfpanies of the Thirty-first infantry at a new post to be built between the new post on the Chevenne and Fort Ber- thold; three companies of the Thirty-first infantry at, Camp Cooke, M. T.; cone men area a re i renanaa® infantry at a now uilt on 1p river, T ‘The h'ad quarters of the Twenty-second infantry will be at Fort Sully; of the Thirty-first infantry at the mew post to bs built at or near Fort Berthold; of the Thirteenth... in‘antry, at ‘amp Cooke, or at the new post on the Sun river, at'the discretion of the commanding officer of the regiment. -The selection of the companies to ocoupy each of the posts above mentioned to be made by the- commanding officers of the resect ve regiments, The military rerorvation at Fort Snelling, Minnosota, bas boen establisued according to the map made in pur- suance of the survey of September 18, 1866, tue same to embrace one squire mile. DSPARTMENT OF THE SOUTH, Brevet Major General J. C. Robinson, commanding department of tho South, headquarters at ¢ ly 8. C., on the Sth inst, issued an order to the following. effect: —Whippiog or matming of the person as a punish- ment for aay crime, misdemeanor or offence being now prohibited by the laws of the United States. all officers of the army and Freedmen’s Burean on duty in this department are hereby directed to. prevent the infliction of such punishment by any authority whatever. Colonet C, C. Sibley, Sixteenth United States infantry, in genere! orders dated Macon, Ga., March 4. annon: tat he hnd rssumed command in the district of Qcoruia, with the following staff:—First Lieutenant Joho E. Hos, mer, Adjutent Sixteenth United States infantry; Acti Assistant Adjutant General aud Brevot Major Willan Edderk.n, Caief, Comm: of Sul The ‘con, Ge., and relieve the troops Thir.y-third infantry stationed there. Sompane B, Six- . teenth United States infentry, will be withdrawn from Griffin and placed at Atlanta, Ga, leaving a guard of a sergeant, corporal and ten privates. | DEPARTMENTAL CHANGES. 4 é By direction of Spa Frain the following ton are made in gongraphical departments, as now constitu First, the States of Wost Virginia, Tennessee tucky to constitute the Department of the Cumberland, Brigadier and Major Conerat Johm Pope to co:nmand, headquarters at Louisville, Ky. cecond, the counties » of Alexandria and Fairfax, Vi os annexed to the command of a | So pemecrgtf m Indian Territory is attached to the Missouri. * ae a The Soares <= [~ hums oe ta 9 ly istributed in the Departmen! ington, a nonnced by Major General Canby on the Ist instant:— Garrison, of Visananatom, Brevet Major General W. H. Emory, Colonel Fifth United States cavalry, command. ing; troopa, Twolfth Regiment: United infantry, Lieutenant Colonel gouge Fr Wallace, commanding; For'y-feurth regiment States lufentry, Carlyle Boyd, commanding; G, Fifte. Fort Brooke, Colond ited ‘State i ni cs 4 acon Braves Colonel N, B, Swoltzer, +Genoral H, artillery, com- (d.. Brevet. "pti Ontted ‘and lery. Battery vi Captain, Fourth United lates an none Foon May Brovet Lieutenant Colonel: M. Captain Fourth Us troops, Cu Seth’ United ‘Staten infaniey, command th Uni en ‘comi $ headquarters and ‘Companies’ B, C and ¢° Forneths United States infantry, on following is the mong Sore — = a e department:—Brevet Ci . jor, Uni States Army, Assistant Adjutant locnonl, Brevet Maier J.B. Campbell. First Lieutonant Fourth artille ’ sistant oe wee and Commissary of Masters ; Brigadier sone M. J. Ludington, United States : teers, Chis iin United States Army, Chief’ Commissary; Brevo! t lh wa si United Staten! Army, Mi Director; and Recond Toutonent 1. ¥. Cazlarcy Elovontts iofantry, Aide-do-Camp. v Ay 1865, 1 following ing ‘no longer needed, they have beon honorably netted ont of the service of the United States:—Captain Homor L, Thayer, Assistant dueriermaner United Statos Volun- - t nd Captain: re joux, Assistant Manas United Buses Yolanteers Mel Major General Hancock, the of (he Missouri, has issued ye tho following :;—Assigning Fort Morgan to the district the Upper ee "4 announcing that ety Eta Colonel oN it nance ‘men’ desig og cv ee Ordnance of et partment, and on La goucral cennaandinn. That all ‘musicians = who were alisted under the law now abrogated, authorizing regimental bands, increased ‘who are tiot now serving at Fort Leavenworth or Barracks, wilt be sent to Fort Leavenworth to be to bands» aasigned to be organized at anthorized in the department—one Cle Grant's staff since he of ira diy eee saeoe aera a Nha ordered to ‘aty im the of the. ig relieved from