The New York Herald Newspaper, March 31, 1868, Page 3

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s WASHINGTON Important Bill Regulatixz Presidential Succession. se Effect of General Butler’s Speech Before the Court of Impeachment. The New Jersey Legislature and the Constitutional Amendment. The Resolutions Withdrawing the Assent of the State Presented to the House. The Radicals Indignant and the Resolu- tions Ordered to ‘be Sent Back to the Legislature. The Tax Repeal Bill as Passed by the Senate. Promulgation of the Order Assigning General Hancock to the Military Division of the Atlantic. WASHINGTON, March 30, 1868. Tmportant Bill Regulating the Presidential Succession. ‘The bill introduced to-day by Mr. Churchill, of New York, is looked upon by all parties as of great im- portance, in view of the complications which are possible in the present difficulties that have arisen between the Executive and the legislative branches of &he government. The act of 1792 provides that in case of the death of the President and Vice Presi- dent the President of the Senate pro tempore, and next the Speaker of the House of Repre- sentatives, shall succeed. The bill of Mr. Uhurchill extends the succession to the Chief Justice of the Supreme Court, Also some werious doubts have arisen as to the necessity of the Secretary of State ordering an election next fall for President ‘to serve in the event of the conviction of Mr. Johnson during the unexpired term of Mr. John- gon, a3 well as the election of a President to serve during the regular term of four years from March 4 mext. Mr. Churchill’s bill removes all these doubts, and declares that no such election for the unexpired term shall take place. The bill will be brought be- fore the House for action at the earliest moment, and there appears to be the utmost readiness to adopt it. General Butler’s Speech Before the High Court of Impeachment. General Butler’s opening speech is the all absorb- ‘ng topic this evening. For three mortal hours he bored the High Court of Impeachment with a harangue involving a wide range of subject which im the general run had very little to do with the (immediate question under consideration. The speech is spoken of, even by the admirers of Mr. Butler, a8 an excessively dull and feeble effort, far short of the great expectations placed upon it. Mr. Butler read the formidable document, which covered thirty-eight printed pages, in a ‘one and gesture which would rather suggest mim- ‘ery than sober earnest. Mr. Butler's voice is the strangest ever mortal speaker saluted the public ear with. It resembles in its intonations the combined and varied noises of @ cracked barrel organ and a horus of buil terriers in a street fight—now sharp and snappish, and again wheezy and rasplug. Any- ‘body who has ever seen and heard the manager of a travelling peep show describing to a gaping ‘udience of country bumpkins the picture ‘which illustrates the passage of the Alps by Na- poleon with a cotton umbrella under his left arm will be reminded irresistibly of that individual by hearing Butler on impeachment. The bottied orator read his speech and made about as much impression on his audience as he did on Fort Fisher. Towards three o’clock a large number of the spectators left, evidently exhausted and disappointed, and com- menting upon the effort in not complimentary epithets. The general opinion of those interested in the trial is that if the speeches which follow on the part of the Board of Managers are as impotent the prosecution may as well give up the case at once. It is expected Mr. Butler's effort will get a scathing overhauling from the counsel on the other side, and it is considered its balderdash will be pretty well exposed. Certainly impeachment starts under very unfavorable circumstances, The Reported Turkish Massacres in Crete. ‘The despatch forwarded from here last evening by the Associated Press relative to Turkish massacres of married women and old men in Crete is pro- nounced by the best official authority here an un- mitigated fabrication. It is believed to be a despe- rate effort on the part of certain persons here to ex- cite sympathy of @ particular character. The des- patch goes minutely and elaborately into the narra- ton of atrocities of amore diabolical nature than any the savages of the Plains have ever been tuilty ef, On the face of tt it looks suspicious, Heavy Democratic Gain in Maine. ‘The President received a telegraphic dispatch this afternoon from Elisworth, Hancock county, Me., in- forming him that the election in that town resulted in anet gain to the democrats of about three hundred. Brilliant Assemblage at the Presid The President held his fourth f ing. The parlors of the Executive crowded throughout the evening distinguished aud bmiliant mainly of the more prominent officers of the govern- ment, civil, military and naval, together with nearly all the leading foreign representatives and a throng of beautiful ladies, The President appeared in ex- cellent spirits, and conversed lightly and pleasantly with the friends surrounding him. General Hancock by assemblage, composed a very appeared early in the evening, and formed one of the principal centres of attraction. Hancock’s Appointment to Command the Military Division of the Atlantic. ‘The following is the order appointing ( | Han- cock to the command of the new military diviejou:— GENERAL ORDERS NO. 17, HIFAPQUARTERS OF THR ARMY, ? ADJUTANT GENERAL'S OFFICE, Wastinaton, March 30, 1868, | § By ‘direction of the President of ‘the United States Major General W. 8. Hancock is relieved from command of the Fifth Military District and as signed to the command of the Military Division of the Atlantic, created by General Orders No. 10 of Fe 7 868, ry woman of GENERAL GRANT, E. D. Townsenn, A. A. G. General Hancock arrived here from his visit to New Haven, Conn., this morning. At half-past ten o'clock he visited the President, it is expected he will at once assume the command of the Military Division of the Atlantic, arrange his staf and select @ building for headquarters. ‘The Law for the Government of Southers States. Secretary Stanton has iasned, in the form of a seoneral order, the act of Congress amendatory of the act passed on March 21, 1867, to provide for the more efficient government of the rebel States, It is ac- companied by a note by the Department of State saywg, “ The foregoing act having been presented to the President for his approval, and not having been retnrsed by him within the time constitutionally Prescribed, had become a law without his approval.” Progress of the Work on the Pacific Railroad. A Washington despatch to the Brening Telegram #ays:—The Secretary of the Interior has just received the report of the government commissioners on the second section of twenty-miles of the Sioux City and Pacific Rallroad, extending from the initial point in Hloux City to the twentieth mile post south from it, Bighteen miles and three-quarters of this section is in a straight Jine, There the — the: ’ fe one Howe truss bridge of one hundred and sixty feet span over the Floyd river, and twenty bridges supported by trestles on filling sixteen feet from centre to centre, having an aggregate length of 2.414 feet. The sidings on the first mile measure in the aggregate is 6,501 feet, and on tt Segond " milo there 29 PerAMeE: Zater” ation, a sarge and very commodions depot v- honse and temporary engine house have been built in Stoux City, and preparations are being made for erecting @ permanent brick engine house. Mate- rials are alao belng collected for large machine and repair shops at some convenient point along the road. The commissioners finding the section tn every respect equal to a frst class railroad, recom- mended that it be accepted, and: on the 27th inst, the section was accepted by the President and the bonds and patents due the company ordered to be issued. THE FORTIETH CONGRESS. panes} ; Second Session. SENATE. WASHINGTON, March 50, 1868, The Senate reassembled at eleven o'clock. The Chaplain asked a blessing upon the Senators, the Executive, the Ministers of State, the officers and Privates of the army, and all to whom public trusts are committed or who have assumed responsibilities in reference to the nation, especially in regard to the great trial. He prayed that God would give grace to his servant presiding over this High Court, wis- dom to those ‘managing this important case, and a spirit of justice and righteousness to those with whom rests the issue, ? Mr. EpMunps, (rep.) of Vt., called up the bill to regulate appeals to the Court of Claims, which was amended and postponed until to-morrow. THR CASE OF MR. BUTLER, OF TENNESSER, Mr. TRUMBULL, (rep.) of Ill, called up the bill pend- ing on the adjournment on Saturday to relieve Rode- rick R. Butler, of Tennessee, from political disabili- ties. The question was on Mr. Buckalew’s amend- ment to strike out the word ‘‘constifution” from the clause proposing to relieve the disabilities imposed by the constitution and reconstruction laws. Mr. BUCKALEW, (dem.) of Pa., resumed the floor. he argued that the reconstruction laws having no application to Tennessee, Mr. Butler could not properly be relieved from the disabilities imposed by them. He quoted the testimony taken in behalf of Mr. Butler and discussed his record at length, claim- ing ae he had never rendered any actual military service, THE MANUFACTURERS’ BILL. At ten minutes past twelve Mr. Buckalew gave way at the suggestion of Mr. SHERMAN, (rep.) of Ohio, who presented the report of the Cominittee of Conference on the bill to relieve certain manufac- tures from internal tax. 2 Mr. HENDRICKS, (dem.) of Ind., moved that the re- port be laid over and printed. Mr. SHERMAN urged immediate action, saying everything objectionable to the Senate had been siricken out, and the bill, 80 important to the country, would go into effect on Wednesday next. Several Senators opposed acting on the report im- mediately, and Mr. Sherman consented to have it go ore gns notice that he would press it as early as sible. ror Howe, (rep.) of Wis., explained that he had only learned this morning that he had been appointed a member of the committee, having received no notice to attend its meetings, and that Mr. Howard had attended instead, Mr. STEWART, (rep.) of Nevada, said he had been notified to attend and had ‘therefore signed the re- ort. Mr. SHERMAN said he, as Chairman, had misappre- hended the announcement of the committee and had, therefore, notified Mr. Howard instead of Mr. Howe. Mr. Hendricks’ motion was modified so as to order the printing simply, and was Hy od to. At half-past twelve o'clock President pro tem, vacated the chair, and the Senate assumed the func- tions of of a Court of Impeachment for the trial of the President. After the adjournment of the Court of Impeach- ment the PRESIDENT pre lem. (Mr. Wade) called the Senate to order. CONSIDERATION OF THR MANUFACTURERS’ BILL RE- ‘st oMED. On motion of Mr. SHERMAN the Senate again took oP the report of the conference committee on the bill relative to exempting certain manufactures or oo of Towa, asked the chai of ir. GRIMES, rman e (hie, Sherman} why they had exempt- ed flour and lumber? Mr. SHERMAN there was no reason in hia = why ‘ should not the tax. To say that flour éoal: beara tax of two cents @ barrel was a species of humbug; but he had rather than peril the bill. He explained the chan; in the amendments reply to — from Messrs, Hendricks, Frelinghuysen and others, Mr. MORRILL, (rep.) of Vt., expressed surprise that the Senator should call it humbug to exempt lumber and flour, which had been exempted from begin- ning. It would be a humbug to tax them now. ‘Mr. SHERMAN retorted that an equally strong argu- ment could be made for exemption on clothing. ‘The; — that lumber was consumed mostly by the ric "Mr. MORRILL said it was desirable to exempt lum- ber because it affected building, and that very litde profit was made on four, Mr. Grimes said the Senator from Vermont (Mr. Morrill) had repeated exactly the arguments used by himself Jast year against the tariff on exported lumber. The Iumbermen and millers were among the richest men in the country, and this would simply place them on the footing with other manufacturers, Mr. Conness, (rep.) of Cal., denied that two or three dollars of tari! were added to the prices of Jumber. yiel Various Mr. GRiMes said it was in his section. Mr. CONKLING, (rep.) of N. Y., condemned the pro- vision in regard vo whiskey frauds as more liable to abuse than any previous one. The Attorney General would act upon the representations of the District Attorney, the very o sance it was intended to Secretary of the Treasury an alluded to the New York system of sale," nolle prosequi to be granted in open court where both sides could be heard and reasons shown. He feared the: would be hoisted with their own petard in thus al- lowing to be done by some clerk of the Treasury De- rtment in a closet What was not allowed to be done by a court. They should keep in the proper channels of justice. He did not feel like moving to send this re- port back, but hoped it would not be taken as a pre- cedent and that it would be arranged better in a sub- sequent bill. Mr. HOWARD, (rep.) of Mich., reminded the Senator that it has always begn in the power of District At- torney to enter nolle prosequi and discontinue a case, which was one of the greatest sources of corruption and abuse under the adininistration of our laws. Mr. CONKLING asked whether the Attorney General ‘was not as likely to be induenced by the representa- tion of the District Attorney as a court would be? Mr. Howarp replied that the court bad nothing to do with it, The District Attorney had the power himself, without asking the court, and then, if the court had the power, it was generally influenced by the District Attorney. Mr. MorTON, (rep.) of Ind., said this did not change existing local laws, but simply required, in addition, the supervision of thé Attorney General and the Secretary of the Treasury. He, a8 a mem- ber of the committee, had agreed to this as the best means he could obtatn for the punishment of whiskey frauds. Mr. CONKLING dissenter jcer against whose malfea- rovide, So with the his subordinates, He holding that this allowe! every question to be decided by the ipse @ixit of two oficials, but ax it was aut Cosar aut nullus he sup- posed they must acquiesce. Mr. Henpricks, (dem.) of Ind., said he would vote against the report because of the fifth and last sec- tions, He claimed that Its effect would be to water the responsiitlity until there was none, and that there was more check upon district attorneys in local public opinion than by this mode, He also held that ponishment by both fine and imaprisonuent would work unjustly in many cases. The report was-then agreed to, and at five minutes past pve o'clock the Senate adjourned, HOUSE GF REPRESENTATIVES, WASHINGTON, March £9, ines, PRTITION. Mt. Dawns, (rep.) of Masa, presentet a petition of John Hamilton & Son and other citizens of Bamp- den county, Mass., for the remeval of we oppressive tax en petroleum. ASSISTANT ENGINEERS IN THE NAVAL ACADEMY. Under the call of States for bills and joint resolutions Mr. E1sor, (rep.) of Mass., introdaced & bill relating to third assistant engineers in the Naval Academy, which was referred to the Commitiee on Naval Affairs, THE SHIPPING INTERBET. Mr. Exror also presented a memorial of Charies U, Nazaro, President, and other officers of the Board of Trade, and fF, W. Lincoln, N. Thoma Lamb and eighty-eight other merchants and citizens of Boston, praying for legisiation in aid of the shipping and carrying trade of the United States, which wae re. ferred to the Committee on Commerce. VACANCIES IN THE OFFICES OF PRESIDENT AND Vick PRESIDENT. Mr, Cavrcnrts, ‘my N. Y., introdaced a dill to amend the act ot March 1, 1792, relative te vacan- cies in the offices of President and VicePresident of the United States, requiring new elections in case of an interval of eighteen months between the double vacancy and the ordinary termination of the Presi. dential term, which was referred to 'le Judiciary Committee, PENSTONS, Mr. CHURCHILL introduced a bill seppementary to the several acts ba oly J to “yn ebrred to the Committee on Invalid 8. NEW JRRERY AND THR CONSTITUTTONAT, AMENDMENT, Mr, Halant, (dem.) of N, J., presented § joint reen. _ NEW YORK HERALD, TUESDAY, Jotion azto withdrawing the consent of the State of New Jorsey to the stitution of the U: States. Mr. Etpxtpag, (dem,) of Wis,, called for the yead- of the doctnnent, waarocene pene moet cece e er Whatiee i was {n order to move wo return ihe’ doets ‘Legislature? edt to the New Jersey 2 oe 25 cap tahie BF ak youmure ail paAbeTs, yvdented im we mort BOUT iuwey OF Heeccet ‘ithout debate, Pas Mr. WWaSHBURNE sald that if it were in otder he would make that motion as a rebuke to a disloyal 1a we ture. CLERK resumed the reading, and was again interrupted by Mr. ELDRIDGE, who sald he would not jar oe the reading if the resolutions would appear ‘The SPEAKER sald the reading might as well be continued now, as paved sad for the over to the MARCH 31, 1868.—TRIPLE the House, at a quarter-past five o’clock, adionrned wuendipent of tie con | to haif-past len to-morrow morning. THE TAX REPEAL BILL, WASHINGTON, March 30, 1868, The following is the text of the bill to exempt cer- eer ertamead bio fnlernal tax and for other BUR A mmm) iS by the Senate, thfough fie report of the Committee of Conference, and which awaits the concurrence of the House:— Be it enacted, &c., That sections forty-nine and Dinety-five of the act entitled “An act to provide in- — revenue to support the government, to pay interest as ee. rer siypeorty Ste oshee purposes, Sa appro’ » an seperensine all acts and parts of ac ry of sald sections, be and the same are hereby repealed: i $ Srceps ot ~ much ot the gon sections amendments thereto as relates to the Mr. Pits, (rep.) of Mo.—Let the document be read, | Tay conti ye dyes Mr. WASHBURNE gave hotice that he would make a | Milly (or jin part, or of | any other ma- ment might be returned to the New Jersey Legisia- tillation, redistillation or tefl ‘of crude petroleum, orof any single distillation of coal, shale peat, DEP. RE FOR THE SENATE CHAMBER. asphaltum or other bituminous substances, on wines The Cie at half-past twelve, suspended the | therein described and on snuff and ail the other announced that, in accordance with | manufactures of including cigarettes, cigars the House would resolve itself into Tie resalution, of resoll Committee the Whole Hi and, headed by its Chairman, Mr. Washburne, of Illinois, and accom- the Clerk, Mr. herson, and the Assist- lied by Bat Doo! r, Buxton, would attend the Managers to the bar of the Senate, The order was carried out. RETURN FROMMTHE SENATE. The House reassembled at twenty minutes past four o’clock, when Mr, Washburne, of Illinois, re- parted that the Committee of the Whole had, accord. ing to order, attended the Senate, sitting as a Court of Impeachment for the trial of Andrew Johnson; that progress had been made in the trial, and that te Senate, sitting as a Court of Impeachment, had adjourned until twelve o’clock to-morrow. ¢ SPEAKER sald the report would be entered on the journal, and asked whether the gentieman from Tilinois liad any suggestion to make as to the hour of mes to-morrow. Mr. WASHBURNE suggested that the House should meet at a quarter before twelve, 80 as to give time counE he eee the journs!. 3 5 r. BANKS, (rep.) of Mass,, suggest at the House should meet at eleven o’clock. Mr, SCHENCK, (rep.) of Ohio, said that the confer- ence committee on the bill relieving manufactures from taxation had this morning on a report, that the report had nm made to the Senate and that he had been informed by the chairman of the Finance Committee that the Senate proncnes to take up the report this evening and to dispose of it. He trusted, therefore, that as the pill was to go into effect on the 1st of April the House would meet to-morrow at eleven or half-past ten in order to dispose of the con- ference report. ‘The SPEAKER asked If there was any objection to the proposition? Mr, KERR, (dem.) of Ind., objected, ‘THE NEW JERSEY MATTER RESUMED. The SPEAKER sald the House would now resume the consideration of the matter which was being read at the time the House went into Committee of the Whole to attend the Managers to the Senate, being the joint resolution of the New Jersey Legisla- ture withdrawing its assent to the constitutional amendment known as the fourteenth article. Mr. SCHENCK gave notice that he would move to suspend the rules so as to provide for a meeting to- morrow at half-past ten. He hoped that all inte- rested in the question about manufactures would remain in the hall. Mr. ELpripce made the point of order that the ntleman from Ohio could not interrupt the read- De tg the resolutions by any such notice or re- mark. ‘The SPEAKER said that on considering the subject he would rule that as the morning hour on Monday differed from the other morning hours of the week, in that it expired one hour after the reading of the journal, the morning hour to-day had expired, and that the reading of the resolution should go over until next Monday, Mr. WASHBURNE, of IllL—I move to suspend the rules for the purpose of offering a resolution in refer- ence to the paper presented from New Jersey. Mr. BANKS—Let us bave the question of adjourn- ment settled first. The SPEAKER—The paper to which the gentleman alludes is not yet before the House, Its reading was commenced, but it goes over until Monday next. Mr. SCHENCK—I move to suspend the rules 80 as to order a recess till half-past ten o'clock to-morrow. Mr. Ross (dem.) of Iil,—I move that the House do now adjourn, : Mr. ELDRIDGE called for the yeas and nays. Mr. SCHENCK remarked that that was filibustering. ‘The yeas and nays were not ordered. Mr. Banks su; that the order for an early meeting of the House fhould be made as a continuous \lerstood that this fillibus- special thing of passing the that if the gentieman from relieve laborers the members on prerene mea oe te Bouae Would go with him, understand. aud the order made for @ session for to-morrow at half-past ten. Mr. WASHBURNE, of Ill.—I move to suspend the rules for the purpose of inaking the following order:— Resolved, That the resolution of the Legislature of New Jer- sey purporting to withdraw the assent of waid State tot constitutional amendment, known as the fourteenth article, be returned by the Speaker of the House to the gentleman who presented Jt, for the reagon that the same ia disrespectful tothe House and scandalous in chai and that Its title only ahall be referred to im the Jourpal und 4a the Congres Globe. Mr. Haicur said he supposed the Chair had already decided that question, The Srekakkk said the motion now submitted was different from that before suggested. If this were a simple resolution offered by the gentleman from ll nots he would rule it unquestionably not in order; but it was a motion to suspend the rules for the pi pose of making the order. The rules could be s1 pended at ed time for the purpose of taking a peti- tion from before a committee and of ordering it to be returned to a member, or of taking any other paper, not before the House at all, from the files of the House and sending it to the Senate, or transferring it to any other place whatever. This was a motion to suspend the rules and was therefore in order, Mr. ELpripar—The Chair has already decided that, the paper ts not before the House and cannot be be- fore the House. tobacco, and cheroots; provided that the products of pretro- eum and bituminous substances hereinbefore men- toned, except illuminating gas, shall from and after the passage of this act be taxed at one-half the rate fixed by the satd section ninety-four, Sxc. 2, Thatgnothing in this bill contained shalt be construed to repeal or interfere with any law, u- lation or provision for the assessment or collection of any which under existing laws may accrue before the Ist nor of April, A. D. 1868; and nothin, herein contained shall be construed as a repeal o! any tax upon machinery or other articles which have been or may be delivered on contracts made with the United States poee to the passage of this act. Sse. 3. That after the ist day of June next no drawback of internal taxes paid on manufactures ‘shall be allowed on the exportation of any article of domestic manufacture on which there is no internal tax at the time of exportation; nor shall such draw- back be allowed in any case unless it shall be proved by sworn evidence in writing to the satisfaction of the Commissioners of Internal Revenue that the tax had been paid, and that such articles of manufacture were, prior to the 1st day of April, 1868, uctually purchased or actually manufactured and contracted for, to be delivered for such exportation; and no clatm for such drawback or for any drawback of internal tax on exportations made prior to the passage of this act shall be paid unless presented to the Commissioner of Internal Revenue before the 1st day of October, 1868. EC. 4, That every person, firm or corporation who shall manufacture, by hand or machinery, any wares or merchandise (breadstuifs and un- manufactared luinber excepted) not otherwise spe- cially taxed as such, or who shall beengaged in the manufacture or preparation for sale of bm 4 articles or compounds not otherwise specially taxed, or shall put up for sale in packages with his own name or trade mark thereon any articles or compound not otherwise specially taxed, and whose annual sales exceed $5,000, shall pay, for every additional $1,000 in excess of $5,000, $2; and the amount of sales in excess of the rate of $5,000 per annum shall be returned quarter yearly to the As- sistant Assessor, and the tax on the excess of $5,000 shall be assessed by the Assessor and paid quarter yearly inthe months of January, April, July and Oc- tober of each year as other taxes are assessed and paid; and the first assessment herein provided for shall be made in the month of July, 1868, for the three months then next preceding. Sec. 5. That every person engaged in carrying on the business of a distiller who shall defraud or at- tempt to defraud the United States of the tax on the spirits distilled by him or any part thereof shall for- felt the distillery and distilling apparatus used by him, and all distilled spirits and all raw materials for the production of distilled spirits found in the distillery and on the distillery premises, and shall on conviction be fined not less than $600 nor more than $5,000, and be imprisoned not less than six months hor more than three years. Sec. 6. That ifany officer or agent appointed and acting under the authority of any revenue law of the Uni States shall be guilty of gross ny et in the discharge of any of the duties of his oftice, or shall hg aay or collude with any other person to defraud the United States, or shall make opportunity for any person to Mefraud the United States, or shall do, or omit to do any act with intent to enable any person to defraud the United States, or shall make or sign any false certificate or return in any case where he ts by law or regulation required to make a certificate or return, or having knowledge or in- formation of the violation of any revenue law by any rson, or: of fraud committed by any person st the United States under any revenue law of the United States, shall fail to report in writing such knowledge or information to his next superior officer, and to the Commissioner of Internat Revenue he shall, on conviction, be tined not less than $1,000 nor more than $5,000, and shall be im- prisoned not leas than six months nor more than three years. © S Sec. 7. Ando fifarther enacted that no compro- , discontinnartte or nolle prosequi of any prose- cution under thts act shall be allowed without the permission in writing of the Secretary of the Treasury, and the Attorney General. FRENCH THRATRE.—The “Belle Héléne” was per- formed here last night to an immensely crowded house, enthusiastically delighted and giving in every sentiment the general verdict that this is the greatest of all the comic operas. No entertainment fits so exactly as comic eee does all the requirements of the city public in the way of theatrical entertainment. It ie light and does not wear the brain; it is brilliant and fills the eye; it is brimful of the spirit of art and charms the taste; it is richly nonsensical and minis- ters to our universal love of fun; it sparkles, bubbles, effervesces, with the dainty, delicious sort of music for which the public has @ passion. All this being true of comic opera in general, is true ten times over of “La Belle Hélne.” The libretto of this piece ts one of the best results of modern historical criticism. It takes us at once right through the whole crust of the heroics, smashes the ancient ideals of Helen, Agamemnon, Achilies, Paris and Menelaus, and puts us fairly in company with those queer Greeks, Just as they were, just as they lived and laughed and ie © | made" fun Of one another. At all events, inten tak ekeony Te arautisoras i nae Ufa @ more natural idea of them than any to ve been referred by the House to a committee, gotten out of the idealized yarns of that old harper, Mr. ELDRIDGE—IE the resolution Is not before the | Wiio glorifed in such jolly heroics the ancestors of House it ts still the property of the gentleman from | ¢Very man who brought him out to dinner. The ‘and is in his possession music sympathizes with the libretto. It bears the New Jersey (Mr. Haight), id Ldeny the right of the House to take it out of his ‘KAKER—Uangqnestionably not; becanse the Chair ruled upon it before the hour for r and the Chair could pot have ruled upon it if that were so. Mr. ELpnipak—L understand the ruling of the fd to be that the resolution Was not before the sume relation to the stiited and tremendous in mu- hat is, the classical—as the story does to Homer. It is familiar, absurd, ridienlous, running in happiest keeping with the vein of the Piece, and ays perfectly delicious, Already “La Belle Helen as made a great lit, and we doubt not it will fuirly Tival tis predecessor in tinued favor. use, WALLACK’s THEATS “Rosedale? still continues of the gentleman irom New Jersey. audience was large, clegant and enthusiastic. Mr. Mr. Ross demanded the reading of the resolution of | Wallack was in excellent spirits and played Elliot the New Jersey Legislature. Grey ina style that left nothing to be desired. Mr. ‘The SrKAKER said the gentleman had not the right to demand its reading. Mr. Ross—Certainly, if we are to vote ax to its betug disrespectful and scandalous we should have it read. The Spraker—If the genleman is not satisfied With it that is a matier Which musi govern his vote; bat he has no right to demand the reading of a paper, except that which he has to act upon inthe House, and which is the resolution oflered by the gentleman from Lliuols. Mr. Brooks, (dem.) of N. Y.—L raise the question of order wheter we who did not happen to be tn the House when the paper was read have not a right to know what it is, and what we being scandalous and disres The SPEAKER said the rules presume every member to be in his seat from the meeting to the adjournment of the House, unless When he ts absent by seave trom the House Mr. ELpripGe—The gentleman from no Worse off than the rest of us, The only partially read, and now we are required to vote to retorn to the New Jersey Legislature a resolution as being scandalous without knowing what tt ta, The KER.—The Chair will state, ation an argument ander the garb of a poiut of order, that that tan argument which addresses itself to the gentieman’s vote, and not to the parliamentary con- dition of the resolution, The resolution offered by the gentleman from Hlinois clatins on its face that sai. cient has beeu read to show that document is dis- respectful to the House. Whether that is so or not it is for the House to determine, not for the Chair to rite upon. Mr. Harcet understood the resolation now before tne Honse to refer to the langnage used in the reso- jution which he had had the honor to present this yoorning, That ianguage had not ail been read to ine Honse, and the meaning of that which had been real depended very much om that which had not been read. ‘The SPRAKRY overruled the point of order. Mr. Ross moved that the House agjourn, und Mr. ELpriper demanded the yeas and oa¥s, ‘The yeas and nays were ordered, and the vote re- sulted yeas 20, nays 7% The question was then taken on Mr. Washburne's motion to suspend the rules and adopt hie resolution. The vote resulted yeas 80, nays 17, So the rules were suspended and the resolution adopted. The votes of the New Jersey membeers were:— Aye--Mesers, Halsey, Hill and Moore; ,uo— aight; abeent—Mr. Sitgreaves. hen the name of Mr. Brooks was catied he said, “[ decline to vote. The paper to ve voted on bas not even been read MR. BUTLER’S ADDRESS BEFORR TAK 1MPRACHMENT count. Mr. SCHENCK moved to suspend the rules to enable him to offer the foliowing resolution: Resolved, That there be came oe the © ty vote upon, as ‘ew York is ent Was nit is of the Honse Hh John Gilbert's Miles McKenna Was a capital produc. tion and gained, as it merited, repeated rounds of applause. Miss Kose Eytinge was, as usual, charm- ing in the character of Rosa Leigh, and all the com pany performed their respective parts in that ele- gant and finished style which always marks the pro- duction of any piece on Mr. Wallack’s stage, “Rose- dale” will be presented every night this week. Broapway T “Joe,” in its second week at this cosey and delightful theatre, judging from the Jarge and fashionable attendance last evening, pro- Tuises to draw as largely as on the first week of its re- presentation. In popniar estimation the play, in fact, is vlreacdly stamped as a decided rival to’ “sam,” Like, the latter comedy, written expressly for Mr. Chanfrau, than whom there ix no actor on the modern stage possessing more versatility, it presents him in equally diverse and amusing characters, For all Who want tolangh aud grow fat this is the place still as it has been for weeks past, Considering the growing popularity of the play, it is to be re- greticd that Mr. Chanfrau’s engagement terminates sosooa, He gives way to Mr. and Mrs. Barney Wil- ligins, Who are announced to appear here on the 13th of next month. Ninvo’'s—"Tue Waite Fawy."—Legs seem to be sitll (he reigning feature on the metropolitan boards, to judge from the immense houses that patronize “The White Fawn.” Although the management bave not yet fogmd it necessary to bring in any new feature in Lhe spectacie, yet the atteadance Is stilt immense, The magnificent ory complete, well trained ballet and fine music (which has been won- derfully improved since the first night) of the “White place this spectacle far ahead of anything e ever had in tiis line in the goodly city of Gotham, Oovyurte THeare ‘Humpty Dumpty,” derived from the veractous history of Mother Goose, tg still attractive at this house, “ Hampty Dumpty’ is a great hit, a Pat success, a refreshing entertainment. ‘The only diMenity i# that they who have not reserved seats must be content to stand or call again. New YORK THRAIRE.—A beneflt was tendered Mesars, Schell and Denham, scenic artist and machin- ist Of this cosey place of amusement, last evening, upon which occasion the always popular dramatiza- tion of the story of the “Hidden ‘dua, the musicat burletta of “No, or the Glorioas Minority,” and other attractions, were presented to a house goodly in num- bers and Seay and enthusiastic in disposition. Mrs. Kate Sige ae Capitola, Mr. G. ©. Boniface as Black Donald, and Mr. W. L, Jamison as Wool, did excellentiy in the former piece, rendering their re- spective charactorizations with a vim that was essen- tally @ pleasure to witness. They were repeatedly called before the curtain. As a whole, the perform ance Was very acceptable, five thow coples of the opening address @ Hon, Ben- Bowrny Taxarre.—Mr. and Mra, Edwin Blan- og eg corn on the part of th " ey & eal ap of te viral "WAndrow doknaon, chard and their dogs Carlo and Nero entered upon the enident of tI ed fore the Sanate, " | second week of their en ment here last ht. f ites, and forty’tiy secompanytog brit o ora Ne ry thousand 1 4 good house testified to their popularity, while thet ‘The rules were suspended and the resolution was referred to the Committee on Printing, Mr. BANKS moved to suspend the rules so as to offer the folowing resolution:— Revolved, ‘That during the week the House will mert each day, exeopt Tuerday, a ateven o'olock. Mr, WASHAURNE, of TILT object, and move that the Honse do now adjourn, Jie po'lon of Mr. Waehburne was agreed to, and success tn a new piece fully bore out the reputation earned by them in previous representations. De Ganwo’s HALL—Miss Lacosve’s Reapinas.— The readings or recitals of Misa Lacoste are alto- gether unique, She is a lady who trusts entirely to & Most remarkable me to enable her “to forth in action and voice whole of one of ipeare's plays,” and t udacity of this young and beautify) artist ia equalled only by her siccems, SHEET. CITY INTELLIGENCE, BURSTING OF THE CRoTON WareR PiPss.tyester- day morning some alarm was created when a report reached the Twelfth inct station house that the Croton water pifiéd HRT burst on tne corner of 119th street and Second avenue, the corner of 120uh street and Firat avenue, 304 in’ 120th direat, between Fust avenué Ad A¢chue a. The Croton Board were im- mediately notified of the occurrence, A REMONSTRANCE.—The property owners in the neighborhood of Thirty-second and Thirteenth streets are indignant at the action of the State Senate in passing the Cross Town Railway bill. Yesterday morning a large meeting of interested parties met at the Everett House for the pence of protesting against the passage of the bill by the Assembly. The Meeting was presided over by Mr. John Sherwood, and Mr. N. Solomon ac! as Secretary. A written remonstrance was prepared and signed, and a com- mittee appointed to proceed to Albany, and, if pos- sible, secure the defeat of the bili in the lower house. THE NICOLSON PAVEMENT.—Mayor Hoffman has before him resolutions of the Common Council direct- ing the Jaying of Nicolson pavement in Second ave- nue from from Fourteenth to Nineteenth street, and Fourteenth street from University place to Elghth avenue, The Mayor will retain the papers during the present week for the purpose of allowing the property owners on the line of those streets to ex- press their opinions on the matter. MEETING OF FREIGHT AGENTS.—The freight agents residing in this city held an adjourned meeting in the director's room of the American Express Co., 124 Broadway, yesterday afternoon, to agree on a tartifof rices for the forwarding of packages, &c., on fast ight “and despatch trains. These agents held @ convention on the the 23d inst., and organized themselves into a society, electing a presiding and other officers, and appointing committees to consider and report on various branches of business. ‘The re- Port on prices of freight was fully discussed; it was ‘understood, but not adopted as a whole. The meet- ing was strictly private, New York Meruopist Eriscora Ciry SonDAY ScHOOL AND MISSIONARY SocieTy.—The annual meeting of the above Society was held at St. Paul's church, corner of Fourth avenue and Twenty-second street, last night, The attendance was very large and the services of an impressive character. The musical services, under the direction of Mr. G. P. Benjamin, formed one of the features of the enter- tainment. From the annual report it seems that the year ending March 31 has been one of unusual pros- perity. The totai receipts were $65,766 95; expendl- tures, $65,248 10; leaving a balance of $518 85. There are twelve schools, one of which is for colored pupils, sustained by the Society, the average attendance being 1,509, an increase over the previous year of 485, ‘The largest attendance was 2,434, of whoin 1,176 were males and 1,258 females, A bel amount in dona- tions has been received during the year from gentle- men Interested in the spread of religious knowledge. EXPEDITIOUS PASSAGE OF THE VILLE DE PARIS.— ‘The steamship Ville de Paris, of the General Trans- atlantic Company's line, accomplished the distance between this port and Havre in eight days and six- teen hours, being the quickest trip on record. SEIZURES OF TOBACCO BY INTERNAL REVENUE Orvicers.—Yesterday morning Inspector Harvey, of Mr. Shook’s district, seized at pier 21 East river thirty-nine cases of smoking tobacco which, from the brands, appeared to have been manufactured in & Southern State prior to 1863, and therefore only subject to a tax of five cents per pound. Experts, however, say it Is of recent manipulation, and, bein, of choice leaf, worth to the Revenue Department fil- teen or Tony cents per pound. Tweuty-one bar- rels of smoking tobacco were also seized in Fulton street by Poaceae Harvey.’ On some of the barrels were counterfeit marks designed to cheat the gov- ernment of its just dues, BALL OF THE LITERARY CLUSTER.—The first enter- tainment of the above association took picce last night at the City Assembly Rooms. It was an entire success, The association is composed entirely of young men for the purpose of encouraging a taste for literary pursuits. The proceeds of last night's entertainment are to be generously donated to the aid of the Hebrew Orphan Asylum, THe SvIcIDE or BERNARD EmMricH—A Toucu- ino Letrer.—An inquest was yesterday held at Bellevue Hospital by Coroner Schirmer over the re- mains of Bernard Emmrich, the German who com- mitted suicide on Saturday night by hanging himself in the malt house attached to a brewery In Forty-fifth street, near Second avenue, as already reported in the HERALD. Destitution, sickness and despair, as inferred from the following letter which he wrote previous to committing the act, were the causes which prompted him to terminate his existence:— hel 3 ee ignte won ngdom, A verdict in accordance with the foregoing facts was rendered by the jury. SvIciDE BY TAKING Porson.—Coroner Keenan was yesterday notified to hold an inquest at No. 173 Fourth street, on the body of Joseph Hamilton, a man forty-four years of age, who dicd on Sunday from the effects of poison. Some time since deceased was a barkeeper tu the Wallace Hotel in the Bowery, but for the last few weeks he had been out of em- ployment. Mr. Hamilton bad acted rape for some days, and those in the house with him believed he was suffering from temporary aberation of mind. His Jandliady informed him that he must secure another boarding place. On Sunday morning Hamil- ton went to his room and lay down on the bed, soon after which his face seemed to look purple and ale alternately. This excited suspicion, and a Metor who was led gave the opinion that he had taken some mineral poison. antidotes were administered, but without effect, and death ensued some hours afterwards. On examining his room after death a sharply ground table knife which had been missing for two weeks was discovered, and doubtless he had contemplated taking his life with it. Deputy Coroners Wooster Beach and Knox, Dr. Finnell and other medical gentlemen were called to make a post mortem examination on the body. De: ceased was forty-four years of age and a native of Connecticut, in which State his relatives tive. His mother is said to be an inmate of a lunatic asylum in Connecticut. PropasLe MoRDER.—A young man named John ‘McCabe, residing at No, 538 West Twenty-eighth street, accosted ofMicer Miller, of the Twentieth pre- cinet, shortly after midnight this morning, in ‘Twenty-seventh street, near Ninth avenue, and told him that some person to him unknowa |i him the right breast. McCabe sec: NEW JERSEY. SHOOTING AFFRAY IN A BARROOM.— Vester afternoon an affray took place in a lager be kept by a German named Martin Engel,at No. 68 Mill street, in the course of which a man named Patrick MeTasney, @ resident of that section of the city known as Stumptown, sustained severe injury through having been shot ' with a pistol in the right U shoulder, Clubs and knives were al though with rious results, Its: prietor, Enge yted the party of which M: y was a member to leave his place, but they refased. He then, a alleged, took a hu club and afior ‘ng @ general clearance closed up the place. They subsequently rallied, broke several panes of glass, and were about effecting an entrance when Engel appeared with a revolver and used inthe manner stated. He was afterwards ar- rested and heid to await the result of MeTasney's injuries. A CORONER SERIOUSLY AssavLTED.—Information was received yesterday by Coroner John Ball thata woman named Dorothea Kline, fifty-four years of age, residing in a miserable shanty on Springticid avenue, had died suddenly under circumstances of a rather suspicious character. His appearance on ihe scene was ickly followed by a fierce attack on the part of Anthony Werber, Margaret Werber, his wile, and a man named Christian Engelstetn. ‘These worthies, it ts alleged, pitched into Mr. Bail furt- ously, Pl portion of his beard from his face and beating bim about the head and body also, Ao officer who ran to his assistance was also rough. handled. The trio were hig ey arrested ani lodged in the station house, The Coroner and Dr. Dodd, the county physician, then discovered that the deceased Was a widow and owned property to the amount of $1,500, which, as supposed, Werber wanted to secure.’ A post-mortem examination of the body was made, but as yet nothing has trans- pired tending to support the idea that deceased had died from other than natural causes, DIED FROM EXCESSIVE DRINKING.—Michael Byrnes, the keeper of a drinking saloon on Market street, was found dead in his bed yesterday morning. nav- ing died from excessive drinking. He was in charge of @ policeman at the time. Morristown, Tas Water Surrty ScosMe Derxatso.—The scheme which was proposed for the introdaction of water into Morristown, invoiving @ cost of $260,000, has cae lengthy debate, been defeated by a large ‘ ‘oie eiemnameme Te AFFATRS IN East Mississtert.—a bad state of things exists in Newton county, Enst Miss: |, the feeling, has extended Into the adjoining counties, It will be recotlected that some time since there was an encounter between certain negroes who Were found out to be en; to robberies, one of ial oMcer was carrying to jail, and that omicer his relatives, in which the latter were killed. Attempts were made to arrest the murder. ers, and these Was eluded through the management of a burean oMcer. The esca) t the thine, were afterwariis caught a Lynch jaw tribunal. General Giliem, seeme, has determined to arrest both court, jury and execationer in the Ja'ter case, and boat is for them accordingly. | IMPEA 3 CHMENT Trial of President Andrew Johnson, Charged With High Crimes and Misdemeanors. Opening Speech of Representative Benjamin f, Butler for the Prosecution. Third Day’s Proceedings ofthe High Cou UNITED States SENATE CHAMBER, WasHINGTON, March 30, 1868, At haif-past tweive o'clock the Chief Justice en« tered the Senate chamber and took the chalr, whic had just been vacated by the President pro tem. of the Senate. ‘The same orderly and well dressed audience as on’ former occasions filled the galleries. Carl Scharai was observed among those admitted to the privi« leges of the floor. The Sergeant-at-Arms made the proclamation com-, Manding silence. The Prestdent’s counsel entered and took thelr seats as before. At twenty-five minutes to one o'clock the Sergeant-' at-Arms announced the Managers on the part of the House of Representatives, who took their places, with the exception of Mr. Stevens, who entered soo afterwards and took @ seat slightly apart from tha Managers’ table. ‘ The House of Representatives was then announced, and the members appeared, headed by Mr. Wash- burne, of Illinois, on the arm of the Clerk of the House, and were seated. The minutes of the last day of the trial were then read. OPENING OF THE CASE ON THE PART OF THE PROSE- CUTION—ARGUMENT OF MR. B. F. BUTLER, Mr. BUTLER, at a quarter before one o'clock, commenced his opening speecn, which he read froin printed slips, as follows:— MR. PRESIDENT AND GENTLEMEN OF THE SENATE:— The onerous duty has fallen to my fortune to pre} sent to you, imperfectly as I must, the several propo- sitions of fact and law upon which the House of Representatives will endeavor to sustain the causo of the people agaiyst the President of the United ‘States, now pending at your bar. The high station of the accused, the novelty of the proceeding, the gravity of the business, the importance of the ques- tious to be presented to your adjudication, the possi« ble momentous result of the issues, each and all must plead for me to claim your attention for as long a time as your patience may endure. Now, for the first time in the history of the world, has a nation brought before its highest tribunal its chief executive magistrate for trial and possible deposition from office upon charges of maladminis- tration of the pow and duties of that office. In other times and in other lands it has been found that despotisms could only be tempered by assassination, and nations living under constitutional governments even have found no mode by which to rid them- selves of a nolcal, imbecile or faithless raler save by overturning the very foundation and frame- work of the government it and but recently, in one of the most c edd and powerful governments of the world, from which our own institutions have been ‘largely modelied, we have seen @ nation submit for years to the rule of use its constitution contained bo method for his removal. Our fathers, more wi founding our government, have provided all and similar exigencies a conservative, effectual and practical remedy by the cousiutional provision that the “President, Vice President ail civil omficers of the United Stites shall be removed from office om impeachment for and conviction of treason, bribery or other high crimes and misdemeanors.” ‘The con- stitution leaves nothing to implication, either as to the person on whom, or the body by whgm, or the tribunal before which, or the offences | for which, or the manner in which this high power shoulg be exercised; cach and‘ all are provided for by express words of imperative com- Mand. The House of Representatives shall solely im- peach; the Senate only shail try, and in case of con- viction the judgement shall alone be removal from oMfce, and disqualification for office, one or both. These mandatory provisions becaine’ necessary wo adapt a well known procedure of the mother country to the institutions of the then tufani republic, But a single incident only of the business was left to con struction, and that concerns the oifences or incapaci- ties which are the groundwork of impeachment. This was wisely done, vecauee human foresight is Inadequate and = hnman intelligence _ fails in the task of Soha a and providing for, r 4 positive enactment, ail the infinite gradations of human wrong and sin, by which the liberties of toy gph and the safety of a pation may be endan- gered from the imbecility, corruption and unhal- lowed ambition of its rulers. It may not be upin- structive to observe that (he framers of the consti- tution, while engaged tn vheir gionons and, | trust, ever enduring work, had their attention aroused an insane king and their minds quickened most signally upon very topic. In the previous year only Mr. Bi froin his place tu the House of Com Jand, bad rred charges for impeac Warren Hastings, and turee days before our Con. vention was impeached at the bar of tie of Lords for misbehavior in office as the ruier of a people whose numbers wi counted by millions. The mails were then bringing across the Atlantic, week by w a Cs aif of the oppresse Lone who had wielded ove chations of She ple of India more than regal power. May it not been t the trial then in progress was the dete tag why the framers of the cousutuuion descrip- ton of offences, because of which UU of an office! git be inquired of, to be defined by the laws and usages of Parliament as found tw Ub cedents of tic mother country, with which fathers were as familiar a5 We are witi own, In the light, theret of cedents what are impeaciavis off \ the provisions of compare, to rec rather for the close n the forum. In order, there- fore, to spare your attention, | have preserred Lo state Ure result to Which T have arrived; and Uiat you may see the authorities and discussions, both in Uils coun try and im England, from which we deduce our pro- positions, $0 far a8 applicable to Uuis case, 1 pray ave Lo lay belore you, at Lhe close of my argument, @ brief of all tn jemisaud authorities upou this subject, in both countries, for which 1am indebted to the exhaustive and learned labors of my friend, the ‘To analyze, ents is & work r coustitution? Hon, Willam Lawrence, of Onto, member of tie Ju- diciary Committce of ‘the House of Kepresenta- tuves, in which 1 fully concur and which I adopt. We define, therefore, aa impeachabie high crime or misdemeanor to be ove in its nature Or consequences subversive of some fundamental or essential principle of government, of ingly prejudi- ctal to the public interest; and this may consist of violation of the constitution, of law, of an oficta’ oath or duty, by an act committed or omitted, or, without violating a positive law, by the abuse of discretionary powers from lmproper motives or for auy improper purpose. The first criticism which Will strike the mind on @ cursory examination of this depinitton is thatsome of the enumerated acts are not within the common law definition of crimes. It is but common learning that in the English pre- cedents the words “high crimes and misdemeanors” are universally used; bat any matversation in office, highly prejudicial to the pablic interest, or subversive of some fundamental principle of govern. ment by which the safety of a people may be in danger, is a high crime against the nation, as the terin is used tn Parliamentary law. Hallam, in bis “Constitutional Histury of England,” certainly de- duces this doctrine from the precedents, and es- erg Bd Danby (Case 11, State Trials, 600), of which he says:— fo impeaching Lord Danby, went a creat way abliehing the principle tbat no minister can Abeiter bimeelf beliod the throne by pleading vbedience to reign. He ie anawerable fort the utility of all measures emanating fro ee crown ae well as for their legality ; aod thu adinioistration is, of ought ty be, subordinate in ail great matters of policy to tho superinteudeace and virtual control of 9 houses of Pariiament, Mr. Christian, in his notes to the commentaries of Blackstone, explains the cotlection and use of the words “high crimes and misdemeanors” by say- ing:—When the words “high crimes and mis meanors’ are nsed to prosecutions by impeachm the words hb crimes" have uo detnite signitica- tion, but are used merely to give greater solemnity to the oharge. A like interpretation must bave been given by the framers of the constitution, because a like deSaition to ours was in the mind of Mr. Madi- son, to Whom more than to any other we are in- debted for the phraseology of our constitution, for, the Grst Congress, when discussing the power to fH oMcer by the President, waich Is one of the very eria! questions before fhe Senate at this moment, he ases the following words:— The énoger con: tm this, tbat the President dieplace from of whose merite require th shou! 80: 1a will ject him to own high (rust, Stre: ening this view, we Gnd that within ten years wards impeachment was applied by the vei who framed the constitution to the acts of iHlie omcers which, under po common law dedni- Kon, could be justly called crimes or misdemeanors, either high or low. Leaving, however, the correct- ness of our proposition to sustained by the an- thorities We furnish, we are naturatiy brought to the consideration of the method of the procedure and the nature of the proceedings in cases of impeach- ment, and the character and powers of the tri- banal by Which high crimes and nusdemeanors are to be adjudged or determined, One o- the iuportant uestions Which mect us at the outset is thie recding a Gial, as that term is underst , 90 far

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