The New York Herald Newspaper, March 26, 1868, Page 3

} NEW. YORK , HERALD, ‘THURSDAY, MARCH 26, 1868. ‘TRIPLE, SHEET: + Of absence, and was sentenced to be suspended from the academy until July", 1868, when he will join the third elags. General Grant has approved the sen- tence in this case, and it has been carried into exe- cution. German Emigrants for the South. About fifty Germans of both sexes, from Bremen, passed through here yesterday for Virginia. It is baid that these are the ploneers of aver ten thousand of such emigrants to be brought to Baltimore during this year and from thence sent to their new homes tn the South. Three of the Jarmel Packet Prisoners Re- leased. The British government has, at the instance of Mr. Adams, released thme of the Jacmel packet pris- oners, and Mr. Adams has caused them to be sent home to the United States, New Port Opened in Mexico, Information is recdved officially that the Mexican government has, by $ decree of January 30, opened & new port, called Puerto Angel, on the Pacific coast, to foreign commerceand the coasting trade in the State of Oaxaca. Cases Disposed of in the Supreme Court. The following cautes were disposed of in the Supreme Court to-day;— No. 52, The Union Insurance Compa! WASHINGTON Veto of the Bil Regulating Appeals to the Supreme ‘Court. How the Message Was Re- ceived in the Senate. Exemption of Manufactures from Taxation. Coneurrence of the House in the Senate’s Amendments. R ia pare atl ef) pom Ora Dour the B at of th judgment reversed ani eduction e Tax on he til ordered. Gellvered by Mr. Justice Petroleum. a, ie A Foun: United States— or ‘vom the: Oreaie ‘Cour for the Eastern Dis- ih umn’ f ict a Louisiana. hy it reversed and new 3 SERSETNESNS DREN A 20084 Fagg a4 Puts Bost it Jaen va. United The Treaties With the North German Con- - ae the Circutt Court for the East- bons federation. ern Distr of Louisiana. ulema mt reversed and ‘The President to-day sent a communication to the | Dew trial ordered. | Opinion by the Chief Justice, ‘Hongo enclosing a brief report from the Secretary of | iis matters ae to show cause, we fs # wes lasned 10 ‘State, saying that in his opinion it is not compatible | the Judge of the Bupreme oy Court 1 St the: the ‘District o ‘with the public interests at this time to comply with ‘the resdlution calling for copies of all correspond- enée, negotiations, and treaties had or made with ‘ny. of the German States since the ist of January ast, relating to the rights of naturalized citizens. Rives, Ratification of the Treaty with Prus- .. la Urged. Secretary Seward has addressed a communication to'Senator Sumner, Chairman of the Senate Commit- ‘tee.on, Foreign Relations, urging immediate action on the Prussian treaty. Mr. Seward states that very and preasing interests are pending the of the treaty, and that the interests of the United States. require that it should be acted on atonce. Senator Sumner will endeavor to have the treaty ratified by Senate to-day in executive session. For the last few days Mr. Seward has been in- dustriously at work trying to get the House Com- mittee on Foreign Relations to reconsider its action relative to the Alaska purchase. Thus far he has been’ unable to make any impression upon members Columb, returnable the first Monday in December No, 432. United States vs, Akers.. Seana No, 433, Baker vs. Morton.—Dismi No. 484, Shields et al. vs. Hoot Distaised. pee, 12%, tna Insurance Company vs. Hatlock.— fo. 142.—Av Co, vs, Smith.—Argued, No. 144 is the cause set down for Thursday. Announcement of the Death of President Olarte, of Panama. ‘The following official letter has been received at the Navy Department from Commander John Wal- ters, commanding the United States steam sloop of war Cyane, dated Panama, U. 8. 0., March 4:— aha have the honor to inform the department that the President of the State of agra opt eral Visento Olarte, died at his residence in city of Panama at half-past ten o'clock P. M. on me pte day of March, The disease is reported to be yellow Foye, Re the identity of the —_ is questioned, ne other cases, neral health vee ly good this meaaon, t the solicitation the: pretest of the city, pre- ferred through the United States consular agent, r directed some of the officers of the ship to accom. ofthe committee, and it isnot probable anything me in doing honor to the remains of the chlet Chief will ‘be done with it until after the impeachment Hing bersoe yes cm be Bed eine ip business is settled. the guns fired from the Sastion of the city at intervals of half an hour from the time of receiving the official notice (half-past one P, M.) until sunset of this day, Naval Orders Issued. The following naval orders have been issued:— Assistant il id Robert Redington is ordered to the naval hospital at New York. Paymaster Thos. cu ham ig ordered to aut in charge of provis- ions and clothing at the P! P yard, Lieutenant Commander’R. L. Bradford is detached from the commana of bad Alergy el cou to command the rier a. Watson is detached fre duty in Pl adelphia Navy le accounts. Yard and ordered to Yellow Fever at St. Croix. The surgeon of the United States steamer Monon- gahela, which vessel is yet lying high and dry at St. Croix, West Indies, informs the Bureau of Medicine and Surgery that the yellow fever, which had broken out on board the vessel on the 12th of February, had ‘agsumed @ more serious form. About the time the disease broke out on board the ship the Danish troops located in the fort, but @ short distance from the vessel, were also attacked. The fort and the vessel both lay on the edge of a fresh water morass, which, since the influx of the sea on tho 18th of November last, had become extremely offensive to the sick men on board. Nine- teen. were subsequently remoyed from the veasel to @ house on the high ground on the edge of the town, since which time the disease was abating, there belng but. two. cases. There were four from the Leighton Ford, ensign; John Hills, paymaster; Steward Fred. E. Kocher and John Schutzgmanne. Three other cases were ex- The Money Controlled by the State Depart- ment. "the President in reply to a resolution of the House sent in to-day a message enclosing a communication from the Sectetary of State in which the latter says there was in the Treasury on the 26th of February a balance of money, appropriated at any time hereto- fore for.contingent expenses of foreign intercourse, of $175,749, On the 30th of September last there was remaining with Baring Brothers & Co. $14,037. ‘The Secretary says, in further response to the resolution of the House, that there is no fund of any description anywhere, subject in any way to the or- Ger of the Secretary, from any other,source than an ‘sppropriation by law. He states the Chinese indem- nity fond to amount $316,512, and the Japanese in- “ethnity fund to $627,960, all of which jg invested in bonds of the United States, The pubic funds subject ‘yo the control of the department are not. now, nor have they been in any case, deposited with banks. or bankers, with the. exception of Baring Brothers & Go,, who were necessarily employed in disbursing ee the United States in foreign countries. ), for. Harbor and River Lumprove- oon) ments. Brigader General Humphries, Ohief of the Engineer Bureau, has, through the Secretary of War, sent to ‘the House of Representatives revised estimates for river and harbor improvements ‘for the year ending June 29,1869. Theyamount to $4,012,500, He says: they are as low as is deemed prudent. Confirmations by the Senate. ‘The Senate this afternoon confirmed the following nominations:—R. M. Sherman, United States Mar- shal for Rhode Island; Joseph K. Kelso, Frederick ‘W. Minger, M. Grant Woodward and H. L. Burrett, second Heutenants; Walter Walton, W. C. Coulson and R. M. Carfleld, third Meutenanta; George W. Bailey and Charles A. Abbey, first lieutenants, and Lewis Coit tobe chief engineer, and John G. Bond captain in the revenue service. Among the Senate confirmations of naval officers yesterday were the following:—Captain Case, to be commodore; H. B. Caldwell, to be captain; Henry ‘K. Davenport, to be captain; Oscar F. Stanton, to be ‘commander; Bushrod B. Taylor, to be commander; NM. Mayo Dyer, H. M. Green, Edward Hooker H. H. Nowinge, A. W. Muldam, Joseph S. Cony, Charles O'Neill, to be lieutenants. ‘The President nominated Commodore Joseph Lan- ‘man to be rear admiral in place of Palmer, deceased, and Major G. McCauley lieutenant colonel in the Ma- tine Corps. Movements ef General Hancock. Major General Hancock has received intelligence of ‘The Consul of the United States at Teneriffe, Canary Islands, under date of February 15, writes to the Secretary of State as follows:— Srr—I would arent ne that on the med — there were put in force the follow! sels arriving at these islands from in inadalton to ah i fees Hereorar vessels, of one real vellon — feen, ne Teal vellon pet ish ton of o Measurement; second, for and loading, one-eighth of a meal ‘vellon on every dutiable ons hundred pounds or laden, These tw as well ag the «ein! health feoe, are same on Spanish vessels coming here from porta in the United and are levied on ge a heretofore, pro' that they do not discharge or joad any cargo. Patents Issued. For the week ending Tuesday, March 31, there will be issued from the Patent Office 293 patents. During Lm ened week 563 applications and 87 caveats were by such The Senate Proceedings in Secret Consultation he illness of his son, who is at school at New Ha- March 13. ‘ven, Conn., and has obtained a leave of absence for | (Washington correspondence (March 24) Boston Ad- Gour days to visit him. The General will leave bere vertiser.) The journal of the secret consultation of the Senate on the 18th inst,, when it retired to fix the time at which the President should be required to file his answer, has not heretofore been published. It will be remembered that the Senate went into pore nee Senstor Mimonds had submitted Besgnenien that Presi- dent’s answer should be filed April 1 ine House to-morrow morning, but will stop in Baltimore for ‘the afternoon train north, to attend to private busl- ; New Nickel Coins Proposed. Jndge Kelly, Chairman of the House Committee on Coinage, Weights and Measures, introduced a ‘ell to-day which proposes the discontinuance of the one and two cent bronze pieces and the adoption of Tepeieaniaes Bin ives Core relate the trial ene, three and five cent pieces of the same alloy— secret Sonal April 6, tae gee rnal of that aickel, copper and silver—with uniform emblems, | Secret, consultation gives witig as the action @evicés and color. It is proposed to have the head waiter t reaching the conference te gente @f the Goddess of Liberty on the obverse and the ‘@umerals “I.” and “II.” on the reverse of these coins, the numerals to be raised sufficiently to ren- @er the coins plainly distinct, by the touch, from our chamber proceeded to consider the above motion of Mr. Ed- munds. Mr. Drake moved to amend ire ety the President to make answer on or befoi the 20th Of March. This, after considerable d fps Mss to 20, a8 followen and silver colns. ‘The bill provides for the dis- Ao—-Mosers. Oumerony, , Conkling, fp: Nor of the three and five cent silver coins corsets Bey Morel ‘a ¥ey ‘Morgan Fer, "farts, own Patterson of Wi, Boe: ‘and also the three, five and ten cent currency notes. Whey, Waa, Print, Bvewary Sumner, Thayer, Trumbull, The Monthly Statement of the Public Debt— oe yn ehowy, Berens] Fiuckalew, Davie, Dizon, | Ho Publication Delayed. derson, Hen Sys ‘uccreaty, iol Met Nor Nor ‘Tho monthly statement of the public debt for this | tm, Ns ieee Sears gees hy Wintlesad Vickers. month will be delayed in its publication about the | ps tin ation vue uy om adopting Me ees ot game length of time beyond the 1st of April as has ‘Deen the case with those of the past five or six months. It is thought that the showing will not be @0 favorable as might reasonably be expected. The Public debdt, tt is estimated, will not be reduced more than about two millions. This result is occasioned ‘Dy the comparatively small receipts from internal gevenue during the present month, the cash in the (treasury being increased but very little beyond the ‘gure presented tn the statement for February, The Union Pacific Railroad. The Secretary of War to-day transmitted to the Blouse a communication from Lieutenant General erman enclosing one from the President of the Doses Pacific Ratiroad Company, Eastern division, ‘asking aid from Congress in extending that road to tion as amended, when debate arose, and Mr. Trum- bull moved that the Senate reconsider the vote by which it adopted Mr. Drake’s amendment, and che yeas and nays being demanded, it was d io the affirmative, yeas 27, nays 23, as follows: ‘YRA8—Mesars. Anthony, Ba: Buckalew, Cattell, Cor- ai Davia, Dixon, Edmunds, Fessenden, Fowl ‘sen, Gri Henderson, i Hendricks, “Sakae ly Mov of Vt ‘atterson of burr, 8h aed ‘Prumballe WanWinkle, y Vickers uaa Willey. Navs—Menars, Cole, Conk! Drake, giant Hariat, irene tz ‘Morgan, Pail of "Me., Nye, Paterson of mer oe Mesauek Whayets Tipton, Wililame Wishes ase Meee a So the vote was rect Lak Mr. by Tastant ge the Gay for. the Aiing “ot the. Presta Instant, as the day for 6 ie sideat's answer, instead of Friday, the tn instant. The va- rious votes on the er amendments were de- ‘cided without division, and the motion of Mr. Trum- ball to fix the 23d of the 20th instant was rt Lyon. also carrted without division, and the Senate States Soldiers on the Island of San | turnedto tts chamber, a Juan. Another Communication from the War Depart- THE FORTIETH CONGRESS. ‘ment, in reply to a resolution of the House, states PARADA 5 the 8th of December there were five officers Second Session. ‘and ‘fifty-eight men on the isiand of San Juan, the ——e ferrftory in dispute between the United States and SENATE. @rest Britain, now held by joint occupation. WASHINGTON, March 25, 1868, o~ @rials of Cadets at West Point. THE PRESIDENTS COURSH CONDEMNED BY NORTH UAROLINA CONSFITUTIONAL CONVENTION, The OnAatR lald before the Senate resolutions of the Constitational Convention of Nortn Carolina ex- fined to the limita of said encampment; but General in carrying ous the Re ictieg Grant has disapproved of the sentence, as thé court | laws. tees, Wi as Pts (Semitted to stop his pay during the suspension. He, | Mr. SACLABURY, (dem. Fer Lenemadane @irected that he be restored to | reception, on the grounds that being to , with’ an admonition not to repeat the | the Senate, that body, being also the High Conrt of effence, the same court Cadet John | Impeachment having this matter B Walke? wae fonnd guilty of remaining away | tion, egald not sameriy fpcetvo Auch 0 morn thd ncatenty pitas tho exniration of his Jaye I cation, + ~ i ‘The CrarR put the question on receiving It, and tt | Was received, . OSWEGO HARBOR. Mr. ConKLING, (rep.)-of N. Y., presénted the memo- rial and the proceedings of the Board of ‘trade of Oswego, and also of the Common Council of that city, praying the favorable consideration of the plan recommended by Lieutenant Colonel Johnson, of the Engineers, and General 4, A. Humphreys, Ohief of Engineers at Washington, for the preservation of the harbor at the mouth of the Oswego river, on Lake Ontario. Referred to Committee on Commerce, THE SENATE LIBRARY. Mr. Mor@an, ne, Sete) ES ¥., from the Joint Com- mittee on the Library, yovoried unfavorably the reso- ee create a Senate library and pont a libra. UNLAWFUL USB OF PUBLIO MO! Mr, FRELINGHUYSBN, (rep.) of N. a f from the Com- mittee on the Judiciary, recommended the indefinite Rae fy menpe pig of the senate bill rorvidding (th on the a House bill “tal een Deen Paso on the same fwnlch was reported. favors the House bill rede which ‘was ordered to be ted, = wns vy MARRIED WOMEN IN THE DISPRIOT. Cath of N. H., from. he rdomuniisan on tthe District isot lumbia, reported favorably the bill in regard to of married women in the efcotumbia. PRESS REPORT TRIAL. IMPEACHMENT EL offered a resolution nt ANTHONY, (re) ot sai ean be authorized to admit toa oe New York Asso- elated Press the impeachment, during the trial of He said he had been informed that the Associated Press contem| sending as- full a report of the trial ag and it was rtant to the public that it should be seonsate in regard to. the ee &c., which would be imperfecily heard from the sallery. He there He therefore thought it very desirable. n of Mr. Hows the resolution was laid coinage A PROVISIONAL GOVERNMENT FOR ALABAMA. Mr. STEWART, scopy of Nevada, introduced a bill to provide a om ary and provisional, government for Alat he J Committee. constitulion submitted for rat law for a provisions 6 soreremes and the officers then elected ea and enter upon the discharge of tneird ‘he. Governor a thereafter convene the Legislature chosen at election; and the ts _ wered to resubmit said constitution pro If, with or without amendments, to eerie electors of Alabama for ratification at such time as it may de- signate. Whenever a majority vote shall have rati- fled the constitution so submitted, and the Legis- lature shall have ratified the amendment to the con- | sane Se of the United States known as the four- teenth icle, the constitution of Alabama may be pert! to Meat ier for approval. ene Distriet ommanderfis required oman ecessary ald and the Recoastrustion he ais these of March 2 Teer is con mtinued. in force as modi- fea thereby ‘ugtll the State shall be restored to repre- sent OR UNION PACIFIO RAILROAD. On motion < of i Mr. me (rep) of Mich., the bill in rd to the f the Union Pa- Cifle road was taken ~A Mr. MORRILL, (rep.) of Vt., 0] oes the bill. He said it was an anomalous thin, the United States should be called upon to build so many of these rail- roads, which then belon; not to the United States, but to gigantic corporat Le poeta the finances and the politica of the sect which the roads were built. He omnalatees th that the West was unduly seo on the Public Lands Committee. He was to these subsidies, but if the: must be ginen I ine abeDed, that they would be confine: ts of Paiean ia P .) of Towa, then took the floor in support of the Before his remarks were con- rt at the expiration of the morning hour, The PRESIDENT announced the 5} order, the REPORT OF THE STANDING COMMITTEE ON RULES. Mr. HOWARD moved to lay it aside to proceed with the pending bill, Mr. ANTHONY called for the reas and nays, urging the importance of considering the rules, already oe long postponed, and Mr. Howard’s motion was not agreed to, “te report was then taken up. ir. EDMUNDS, (rep.) of Vt., moved to amend the thintions pita providing that no bagel pro- posing additional appropriations shall be received to any general appro) prope bill, unless it be made to a out the re ions of, sori exist adistion ey aoe 6 words “propost onal aj ” and the word ‘egeneral He ox pro} Bie ve Pre See te lon wi 1e} provisions o! jatiol as had often been done after they have been re. to ascert port. of ft wer over the re} of ‘a rar ie at had not been 6 sumiciently re, thought the amendment should not ae§ Mr. GRIMEs, of Tor asked whether, if a ae bil came here containing gene See ‘MY. FESSEND! ) of i pe. though the Palen wate Ge emer oe propriation first considered by omentttee, was suiolent. seed After further discussion the amendment was re- ty fourth ral, proviaing Afty-fourth Fale, prot that regions of inquiry report as to the expense volved. He tought t et a en een sce Mr. HowARD moved to strike out the rule. He thought resolutions would a be smothered in committee. Ses an eee legislation to de- prive Senators of the right of calling for informa- Mr. Grimes sald Senators could still call for ‘my proper Paes by @ majority vote, leaving the Tule as it stands. Mr. DAVIS, (dem.) of Ks Ky., said there never was & Bunion of Garand he a ee ie ia of a ec he the late war. (He sounded the ‘‘t” in Oot, Haxparors, (dem, } Ot Ind., suggested Carnot | Om Mr. pA ee ae sir; Carnot. Ganghte,) Some one asked where he got his authority. ne cea tar Dep zn it nga, Secretary St retohtion of ingaty by him two months igri obligation that ought when if aid not accord with his will to be ang Mr. CoNNESS suggested that the Senator should call pan the other Becretary of War for the information, Mr. D. W7}8 said the other Secretary was held the inffuence of the honorable Senator and his tasg. the information wor ter. . FESSENDEN remarked that if he or the Senator from Kentucky pe og a, a5 pe wes at the de- gree of in history that Md torr ed the Sec- Ly! of War, they would both better than 0. Nr. Davis—Well, the Lord help usthen! (Laugh- , eee ray Oya on oe resolu- tion of inquiry offered by the was the best YTS ae an tine te tee question, calling, as would take a long time to rule would save and ex; 5 Mr. Dawes had been ee Lae Sie most Lat pont y Saige dighe nt that the infc — mn could have been eS he believed ft wontd Baw that, Mr. ConNEss made a few remarks ont the subject = the rule, in the course of which he intimated th: ee of departments might evade giving yn 0. Mr. PESSENDEN repelled the idea. Mr. CONNESS ald "th er knew that there was a cer- — sceet of elasticity of conscience to allow of sucl FRSUENDEN would not plead gully to any elas- ticity of conscience, The Senator speak from his own experience. Mr. Conness—I have never had any experience as the head of a department; therefore I cannot speak “s a own experience. FESSENDEN—The Senator can speak from elas- way, iy perhaps. replied that if the Senator lacked any- ining at all it was ran elutilty, He proceeded to say he knew the Senator from entucky would not im- pak, phd A to those gentlemen at the head of that department Mr. Daya youll, not cast any imputatiqan upon either of the Secretaries, and he assured the Senator that he had no feelli saad either but those of reer. (Laught ir. CONNESS: they were aware that the real etary of War was disiiked very much by the who innately disliked pretenders also, and therefore ‘conid Hot have much regard f for he x Secre- ay verslaunarons—44 outerim, fanesie.) prota t action bi Sir, Stanton inthe hatter of f frends Rea etree ie ant utes X ex! nc im th dealing out ey oe it. rd ir. Re ng! ae no doubt that if e circumstances Teel eee not tare ‘condemned the Secretary. He had frequent ye intercourse with the, Secretary of of War wane Justice had alware, excited his retin Where other pes woe would have faltered he had crushed those who ‘been committing frauds upon the government, » ANTHORY urged upon the it. PRELINGRUYSEN th i the rae struck eetaste a valuable principle. He et nal nae From Matna ir Pensaneny aoe sa Reraeas andthe reconsidered, and the bill again referred to the Com- Jaw Appropriations, ‘uittge on <n of M wd ir. senate proceed to thot connie dent's veto of the bil 1788, The ‘To THE SENATE OF THE UNITED StaTes-— Ihave considered with such care as the pressure of other duties has permitted bill entitled “An act to amend the Judiciary act passed on the 27th of December, 1789.” Not being able to approve all its provisions, I herewith return it to the Senate, in which house it originated, with a brief statement of my objections. The first section of the bili meets my approbation, as, for the purpose of protecting the rights of property from the erroneous decisions of inferior judicial trbunals, it provides means for obtaining uniformity by an appeal to the Supreme Court of the United States in cases which have now become very numerous and of much public interest, and in which such remedy is not now allowed. The second section, however, takes away the right.of eed peal to that court in cases which involve the lite an liberty of the citizen and leave them exposed to ris judgment of numerous inferior tribunals, It is ap- parent that the two sections were conceived in a very different spirit, and I regret that my objection to one imposes upon me the necessity of withholding my sanction from the other. I cannot give my-assent to @ measure Which proposes to deprive any person, restrained of his or her liberty, in violation of the constitution or of any treaty or law of the United States, from the right of appeal to the highest judicial authority known to our government, To secure the blessings of liberty to ourselves and our posterity is one of the declared objects of the federal constitution. To assure these, guarantees are provided in the same instrument, ‘as well as against unreasonable searches and seizures, as against the suspension of the privilege of the writ of habeas corpus, unless, when in cases of rebellion or invasion, the public safety may require it. It was doubtless to afford the people the means of protect- ing and enforcing these inestimable privileges that the jurisdiction which this bill proposes to take away was conferred upon the Supreme Court of the nation. The act conferring that jurisdiction was ap- proved on the 5th day of February, 1867, with a full knowledge of the motives that prompted its passage and because it was believed to be necessary and right. Nothing has since occurred to disprove the wisdom and justice of the measure, and to modify it is now proposed would be to lessen the protection of the citizen from the exercise of arbitrary power and to weaken the safeguard of life and liberty, which can never be made too secure against illegal encroachments, The bill not only prohibits the adju- dication by the Supreme Court of cases in which ap- peais may hereafter be taken, but interdicts its juris- diction on appeals which have already been made to that high judicial body. If, therefore, it should be- come & law, it will, by its retractive operation, wrest from the citizen a remedy which he enjoyed at the time of his‘appeal. It will thus operate most harshly upon those who believe that justice bas been denied them in the inferlor courts. The legislation pro- posed in the section, it seems to me, is not im harmony with the spirit and intention of the constitution, It cannot fail to effect most injuriously the. just equipoise of our sys- tem of government, for it establishes a precedent which ff followed may. eventually sweep away every check on arbitrary and unconstitutional legislation of the government. The Supreme Court of the United States has been viewed by the people as the true ex- pounder of the constitution, and in the most violent Party conflicts its judgment and decrees have always been sought and deferred to with confidence and re- spect in public estimation. It combines judicial wisdom and impartiality in a greater degree than any other authority known to the tution; and any act which may construed into or mistaken for an attempt to prevent or evade its decisions on a question which affects the liberty of the citizens and agitates the country cannot fail to be attended with unpropritious consequences. It will be justly held by a large portion of the people as an admission of the unconstitutionality of the act on which its judg- ment may be forbidden or forestalled, and may in- terfere with that willing acquiescence in its provi- sions which is necessary for the harmonious and eM- cient execution of any law. For these reasons, thus briefly and imperfectly stated, and for others, of which want of time forbids the enumeration, I deem it my duty to withhold my assent from this bill and to return it for the reconsideration of Congress. ANDREW JOHNSON. ‘Wasninoton, D. C., March 25, 1868. Mr. Davis asked that the consideration be be ‘post. ned until to-morrow at one o'clock, reminding hem that no opportunity had been given for debate, the bill havi passed after an executive sea- ee oe he Be RR can though he had waited until five o’clock to express his opposition to it; ne had not Ay ong had an oppor- tunity.to investigate in Mr. HENDRICKS asked to have it tion not been ‘called. to it. aka was understood that the Supreme Court had dec! to take ac- tion on a bill now before it until the willof Congress ‘was unnecessai e e the only qu: weation ‘was whether eu! it time would be given to examine this the same as other important meas morrow. (dem.) of Md., it the public in- lemand that the bill should be pushed to-day. The Boge 4 og thor they ing before eee law ling the act under which the case bai ire the —— Court. Mr. TRUMBULI "of f fil.—I do not attach the importance to thi As H Pena! La othersdo. In my view it does not take fro1 ren it haan ao Jurisdiction of any case now ‘yetore It = peals so much of an act of Februa: eA aI 1s from the Circuit Court to ti abeas corpus cases arising under in my judj mane, there is no under 1867, now before that court. Under the act of 1789, allowing United States Courts to issue writs of habeas pg ne, ed, “that, act me bp A often. be lecid gave Cg as issue the nwrit in all cases of “pornos deprived of their liberty under United States authority. The act of 1867 was passed be provide for cases not before rovided for, t-) relieve persons deprived of their fiberty under color of Statd i laws in the rebel States, and of such acta as the Apprentice law of Maryland, whereby colored citizens Were virtually enslaved. It was in these cases that the act of 1867 allowed appeals to the Supreme Court, and not in cases which arose under the act of Hig which was McCardie’s case. We had lived from the foundation of the government until 1867 without any general law authority appeals in habeas corpus cases of the Popes out and our liberties would be in 383 danger as the President seems to suppose i continued without sucha law. The Supreme Court has not decided, as the Senator from land Sup: 2g that it has a oase before it under the act 967, and I do not believe it ever would so decide, less it did, this act would not affect any 4 cases; nor is vena fa the Senator from Peun- that the Senate wo voted in favor of + oben 8, 5 ig = x & F ¥ 3 we § = they refused to dlamias. i tion Was that the c Mr, TRUMBULL—Let us see What the court sald itself. (Reading):— Every question which the Cirealt Court could pro Ae n oO peal from fis final Jud But the to the jurisdiction o ture, It would extend to court, Mr. DooLITTLE—I understand the court to say that a to ee ing paso of the court below, they do fe Buy orome 0 to-the mers of tec not that; but as to their, own juriadietion, thee tn ve to review the whole case. Mr. TROMBULL—!] mer Soot. be no misunderstanding besweaa a pee upon ‘The Supreme Court ex- efused to de ‘vhethor the Cireuit Court Rad ior juriediction of the McArdle cage under the act of 1801. If the Circuit Court had no jurisdiction under the act of 1868 clearly the Samrens Court could have no Po oruaenee by act of 1867, be no appeal i fay fat habeas corp! cases to thes Supreme Court. It Yeas the law ‘ors Teor at gave the right to appeal to the Supreme Court. Under the act of 1789 no. such thing as an appeal in habeas corpus cages Lote Pupaemne uré Was known, as the Supreme Court/bad. often. decided. But the Wee was whether, in “his icular case, the ircult Court had jurisdiction under the aot of 1867, which question oy coun rath os seas until the merits of the case appears on the merits that the | junisdiption tk ms articular case Teferred to was under the act of 1’ then, as a matter of course, the Su) oy Court has 1 no futisdic- tion, because no sppei to the Supreime Court lay bony the act of 1789. That is what the court de- Mr. DooLiTr.e said that was what he understood— that the Supreme Court decided that they had the risdiction of the court. below; but, as to whether ey had jurisdiction in the case, ie, did not decide, but left it to come up on the merits. pS BUCKALEW, .) of Pa., called attention again to the circumstances under which the bill was over a motion of his are The Senator who had called it up had to make any explanation ofthe bill in reg We mgr to his (Mr. Buckalew’s) re- quest, Soy Ba it was an amendment to repeal & certain act which he named, Mr. WILLIAMS interrupted to say he would not be governed in his action by what the Supreme Court would do. He desired, however, that ie bill should be acted upon this week asthere would be no oppor- tunity next week. Mr. BUOKALEW simply rose to disclaim altogether for himself the ‘imputation ‘that members of the Senate were in fault in allowing the bill to pass. He had called the jrsoes and ‘nays upon the amendment and recorded himself against it, thongh Senators at the. late hour when it was passed Were fatigued and were cep teste to diseuss it. He would not agree to fix a limit for debate under the circumstances, Mr. Sumner, (rep.) of Mass., said it was well known there was executive business before them, and he would move to go into executive session, with the understanding that this bill would be taken ‘up to- morrow, and a vote would be reached at four or five o'clock. He withdrew we Motion temporarily. Mr. Stewart tho Re cae could legislate Bro ‘ly on the lic policy. If the act ‘ebruary 6, 1867, ahs ‘be construed as giving Sarisatotion’ to the Supreme panty, it certainly was a great blunder, ae court being already three or four Years behind in ite business; and that blunder should be at once corrected. Mr. HENDRICKS asked how pay cases had come ae the Supreme Court under this la’ Mr. STEWART said not ve! pmay, “though he had heard of several in He sug sted that as the friends Mr. FESSENDEN here su, of the measure were acquainted with its merits the discuasion be left to atta opponents. After further discussion on the propriety of allow- ing more time for debate the democratic Senators coincided in a proposition to devote to-morrow to the discussion of the veto, with the understanding that a vote will be taken before adjournment, On motion of Mr. SuMNER the Senate went into nee session at five minutes past four and soon r HOUSE OF REPRESENTATIVES, WASHINGTON, March 25, 1868, Mr, BANKS, (rep.) of Mass., on behalf of Mr. Shella- barger, introduced a bill to provide for the removal of the remains of W. Coggeshall, late Minister from the United States at Ecuador, to the United States, which was referred to the Committee on Foreign Affairs, TSE SCARCITY OF NOTES OF SMALL DENOMINATIONS. Mr. INGERSOLL, (fep.) Of Ill., asked leave to offer a epuncen aeons om the sempalnns Of.» scarcity of notes of the Becretary “or th the ‘Treasnr create, See "Dhited “Bates Pld the ene tions of ones and twos suf- Mr, Ganriay, of Ohlo, sald he would not object if the were required to cancel an “ie amount of notes of a larger denomination. ued, to accept that modification, [OLMAN, (@em,) Ind., was not willing and ing or he would, offer the same when his Biale should be cailed for resolntions. ‘THE EXEMPTION OF CERTAIN MANUFACTURES FROM TAXATION. ‘The House to consider the Senate amendments to the House bill to exempt certain manufactures from internal tax. ‘The Committee on Ways and Means recommended at peop a hatag ya te and Pp a second sections: —‘ ted g that the product of petroleum and bituminous substances hereinbefore Mentioned, except illumin: after the passage of this act be rates in tl is produced now about ‘ He knew it woe. be said that the Senate omens: , because it was a taxation He related @ conversation Means and it the poor man’s light was much ch win the cet oe” than it the reason rater night be sak there were & many Illicit distillation of oil; but i should rather an argument for rotecting the honest distillers of ofl from dishonest distillers, and f ypetepes: which it t Deotesting honest distil of oll from the p f dishonest dis- tillers. The committee was determined on report- second amendment vernment, he the uoaioes My ; ye to ‘The principle was at in contracts made etw con individuals each side took the chances of ence St that might be made in the law from time to time. ernment should not be treated differently from “naividuals, and therefore this bro, ‘vigo was at variance with that general princi there were such outstanding contracts on whi tle government might lose a few thousand dollars, it should be subject to the same general law as indi- vidual contractors, who might probably in the aggre- gate lose millions in the same way. He then pro- ceeded to discuss the third amendment of the Senate inst making allowance for drawbacks on accouut of internal taxes The committee pro} fet the drawback continue for three months, only on articles manufactured before the ist of April, As to the fourth amendment of the Senate, taxing manafacturers whose annual sales are over $10,000, he proceeded to show the distinction as i! that and the Cy on . Ware oad ies. gute House to Rand UF the be. propoettin that ked the House n ated manufacturers were reileved t special tax on manufactures they should pay a tax The committee fore nded that the on sales shall be confined to the manufactures are exem| xation by the provisions of this Ui Aaa ta ane act ear ‘Was anot Tits out whieh the committee desired the Mouse to give ita attention to. op account ne- ‘ity for it. This was in reference to wi i was now adv: for sale in for was not and could nok be Collected under the present was ni system. He closed by m ne the’ eetre, rornising that the hour. w Houde i to him ol Who desired to “9 Ly ot Mi. Geared Yo, sabeatt, an eageaee the assessment annually in- Pn ect de pte 3 me dor ol ths il © on ue fore, admit Mr. Dawes, (rep.} , inquirea whether te vax of one-tenth of ibe per cent on sales was to affected by this bill. Mr. Sorrenoe replied that it was not. Mr, D. called attention to ption bw in the 1ast section in referen to distineries: words ‘piace or mn”? we not sufictentl “teanite. Some muré definite oor tion should be used or no criminal prosecuti be possibie, our, SouRNOK admitted that as the bill was a pen: statute it would be better to make the terms definite. He would tnerefore substitute for th words “place or localily” tne words “discrict, pal town, township or parish.” Mr. Koontz, (rep.) of Pa., called attention to thé fact that the tax on cotton was imposed by sectiom ®4, which was repeaied by this bill; whereas the Peeing. the sa 0 cotton only sppiied to the cot Mr. SCHENCK said rst Jf if that were so the tax would be only repealed twi Mr. ALLISON, (rep.) of on said that the gentles man from Pennsylvania must have got hold of th Wrong compilation, because raw colton waa nod as BENIA se wath Mo. ccalisa 9 the (ore, (0. al ion to frauds in the collection of the vobaego thax, Mr, Senesoe admitted that there was cheating al ground, and that only a ver: ae oe no orted would contain stringent be to tobacco, It was owing te ane. ressul | lls the occasion that the sectton provided in the thls DL, Ae was done te mugen af te Sooner tary of the Treasury and the Commissioner of Ine ternal Revenue. ' He sent to the Cierk’s desk and had Tread 8 letter from Chi mee the wholesa! barefaced, frauds, pract by the distillers omlcers of the revenue, Mr. MAYNARD, (rep.) of be suggested the grams matical change of the words ‘«listuiled spirits are being sold" into the words ‘distilled spirits are sell« ing,” and the House agreed to the transformation = the passive 'to the active sense of the verb “ta “the preyious question was seconded, and the hour. to which Mr. Schenck was entitled to close the dis- cussion he parcetied out to all members who desired to to the amendments , SCOFIELD appealed to the House to concur’ with the senate in the first amendment, reducing the tax on petrolenm. The argument that petros leur, ihe aes man’s light, was cheap now might be milk or light or Bibles or spelling Hooks ‘and’! for his part he would as soon vote for taxing spelling books as for taxing the light by we the poor boy studied his spelling book at arty subject was discussed in a similar sense by Messrs. Spalding, Hubbard of West Va., Panks, Moorhead, Judd, Ingersoll and others, Messrs. Niblack and Pike spoke on opposite sides of the Senate amendment in reference to tax on mg;hinery under contracts with the government. Mr. INGERSOLL favored the removal of the tax from coal oil and putting it on benzine and naphtha,; which are the explosive ingredients in the poor man’s light, and which make it really the poor man’s murderer, Mr. SCHENOK admitted that those explosive mate- rials ought to be taxed out of existence, and the general all would take care of them: but the Senate amendment did not touch that diticulty, and there= fore the greater reason for rejecting it and leaving the whole matter open. Mr. GARFIELD spoke for two minntes' in reference to the provision as to the item on tax. He pre- ferred the amendmentof the Senate to that proj ae in its place a the Committee on Ways and though for his part he was opposed to both of pei ALLISON, Who held the iloor, replying on the pal ‘of the Committee on W: ‘ays and Means to the ay rious objections made ‘to the bill, defended the position of the committee, saying that the comm: Ree pro in its general bill to tax all manufacturers heir sales, Mr. GARFIELD thought that was a reason belie ad whole matter should be remitted to the general bill. Mr. ALLISON went on to say that the committe; proposed not only to tax manufacturers one-fifth of, one per centon their sales, but to tax wholesale” dealers one-fifth of one per cent on their sales, in- stead of one-tenth, as now imposed Mr. KELLEY, (rep.). of Ue hav! of had an opportn- nity recently to know the v vlews o aac manu-' facturers and wholesale di lel phi >a ressed, pimeelt | in Savor of te of the. general’ view Committee on an Mr. Woop. ald that in omreriig the proposition to refer the bill back, with instructions to rej prrest ie an amendment, to reduce the aan on imports, two objects in ie pe | to equalize taxation, so that the commere! should. not be made to bear an un! dens of government, and the other to serve tO, the government the revenue which woul its oe this. wholesale reduction. u; Manufactures, He; pon uld not see w! oihe the other great interests of the; car A mines 4 iy 8 g 4 a8 the Sorernmnest, nt should be on the Treas- » As totl favor of cmon 4 vs lights he said it was ‘any article, but that the expenses of paid by draft tamade in were Pe ir man’s light was demagogism or he Would ey: nat it was fuily answered by the the fact that it has been growing cheaper and cheaper under the of ils cou of the tax upon hs until now the People this country had the cheapest artidcial light in woe’ House proceeded % vote on the aves ag The first amendment of the fi fhe wecond amendment of the Senate, as to the tax on machinery by the government, was The. aun re] by Committee on 0 of sephaitum or other Bituminows substa seen od ‘wines bercha a enazibed, oe snuff and all other manufacti of tobaceo, Incl ye and cheroota; Secitruniecroce Meamenege Se inbefore mentioned, ex ye this act be taxed at one-half the fixed by the aaid section ie. 2 That nothing in this act shall be interfere with any lay, isan OF p or collection of any accrue ‘pofore the ngs That at afer the let day of J ota for cremback on gocoet Bienes arate nets to for such ex; i such 4 ‘allowance on any Je shall be paid unless pre ented to the Commoner of nerual Revenue prior to SEC. 4. That every person, firm of corporation whose mann-. ‘80. factures of any kin by! from taxation visions of this mand wh ual sales exceed $8,000 aball pay for every additional in excess of 86, ‘and the amount of sales within In excess of 1 be retui monthly to the ‘assessor; a tae tax 00 sales in Gace ot ean neny: ianees meee sft ie eos To anoual fn each if. one And be it further enixcted, That who shall in oF carry om the ote adage wih o- bim or any part thereof shail it the dt Metal ton diet Iagapparatue used by him, and all raw material for duction of distitied pipe ant ae ee yh To Por more than sade fanprfoned not fess than six monthe nor more lbad six yoara; or if any distor on auy such for twenty