The New York Herald Newspaper, April 3, 1868, Page 10

10. IMPEACHMENT. CONTINUED FROM THIED PACE. here. What is the ground on which Seay Boek to put into . anything in relation to Mr. Cooper ? ey expect to prove that Mr. Cooper was Bhe office of Assistant Secretary of the Treasury by the President in order to control the disbursements of money in that department. Now, if it were neces- wary to have an article charging the President with the appointment of General Thomas as a means used Dy him to get control of the public moneys, of course 4 would be equaily necessary to have an article ‘en the same line of conduct in regard to Mr. Cooper. MP. BrNcHAM said—Mr. President, we consider the law to be well settled and accepted everywhere in this country and in England that every independent act on the part of the accused locking to the subject anatter of inquiry may he given in evidence, and we go no farther than that, e undertake to say, on Migh and commanding authority, that it as ‘settled =that such other and independent acts showing the purpese of the accused to bring about the same general results, although they may be the subject matter of a se te ludictment, may, nevertheless, be given in evidence. if a person is charged with having counterfeit notes in bid gage sr ps scones aonmminaiion it 2 com- nt to show that he was in possession of other sountertelt notes of a different denomination, and the rule of the books is that whatever is competent to rove the general charge is competent to prove the tent. What is the allegation in the eleventh article? That the President, for the purpose of set- ting aside and defeating this law—— Mr. STANBERY—What law? Mr. BinguaM—The Tenure of OMice act. Resum- ing:—i undertake to say that by the existing jaw the appropriation made for the support of the army can only be reached in the Treasury through a requisition drawn by the Secrets of War. There is an inde- pendent act done by the accused for the purpose of aiding this result. How? By appointing an Assist- ant Secretary of the Treasury, who, under the law and regulations, 18 authorized to sign warrants that amay be drawn on the Treasury. In other words, b: appointing a person to discharge the very duty whic! Would enable him to carry out the design with which we charge him. If the appointment of such an officer throws no af on that subject of course it has nothing to do with the matter. If it does, of course it has a great deal to do with the matter, If the question stops with the simple inquiry ‘“‘who Edmund Cooper 4s,” of course it throws no light on the subject; but if the testimony disclosés such relations to the Presi- dent and an appointment under such cireumstances as to indicate the intention of Mr. Cooper to co-ope- rate with the President in this general design, I ap- sagen it throws a great deal of light on the subject. in case of the removal of the head of the Treasury Deparcment then this assistant head of the Treasury would have controlled the whole question. I am free to say that if nothing further be shown than the appolitment of Mr. Cooper it will not throw any ‘Ligut on the subject; but 1 do not so understand the matter Mr. 'LER—In order that there may be a distinct, proposition before the Senate we offer to prove that, there being no vacancy in the office of Assistant Secretary of the Treasury, the President unlawfully appointed his friend and his theretofore private Secretary, Edmund Cooper, to that position, as one of the means by which he intended to defeat the ‘fenure of Ortice act and the other laws of Congress, Mr. Evarts suggested that a date should be Anserted, Mr, BorteR said he wonld insert a date satisfac- tory to himself. He then modified his proposition so as to read, ** We offer to prove that after the Presi- deat determined on the removal of Mr. Stanton from the office of Secretary of War, in spite of the action of the Senate, there being no vacancy in the office of Assistant Sect ry of the Treasury,” &c, Mr. EVARTS suggested that that did not indicate athe date sutiiciently, Mr. BorTLeR—I think, if the learned gentlemen will allow me, I will make iny offer as I like it myself. (Laughter.). i me Evants—Of course; I only ask you to name a Mr. BUTLER repeated the offer, ‘The Cuter Justice asked the counsel for the Presi- dent if they desired to be heard in support of the ebjection. ir. EVARTS replied no; we simply object. It enght not to need any argument. ‘he Cule¥ Justice said he would submit the ques- tion to the Senate whether the testimony ought to be submited. Senator SHERMAN requested the Managers to read ‘the particular clauses of the eighth and eleventh articles, to prove which the Scorer is offered, Mr. BUTLER replied by reading that part of the eighth article which charges the President with in- aent unlawfully to control the disbursement of money appropriated for the military service and for the ‘tment of War; and also by reading that part of the eleventh article which charges the President. swith anlawfully devising and contriving, and attempting to devise and contrive means then and there to. prevent the execu- dion of an act entitled “An act making appropriations for the support of the army.” He also read that part of tne eleventh article which a the President with unlawfully devising and <ontriving, and attempting to devise and contrive ameans by which he should prevent Edwin M, Stan- qton from forthwith resuming the functions of the ‘@iBce of Secretary for the Department of War, not- ‘withstanding the refusal of the Senate to concur in the suspension theretofore made. He said that in that connection the Managers claimed that the appoint- ment of Mr. Cooper was part of the machinery to out the design of the President. The question was, he said, whether Mr, McCulloch would answer to requisitions of General ‘Thomas, or of anybody else whom the President anight put in the office of Secretary of War if Sianton should hold out. It was clear that the President knew he would not do so; therefore the President's design was to get somebody in the Treasury who would warrants on the requisition of General Thomas. In this way the President would have got The whole army and treasury of the United States tt his control, and it was with thas jutent that he made the appointment of Cooper, sg) wea & Senator JOMNeaN Dut the follo® iif question to the ‘The Managers are requested to say whether they propose to show that Cooper ‘was appointed by the President in November, 1867, “as a meays to otalp be Nhiawful possession of the public money other than by the appointment itacif,” ‘Mr. BurLER—We certainly do. We propose to show that he appointed him, and that thereupon Cooper went into the exercise of the duties of the omce before his appointment could by any possi- bility be legal. We hope and believe that we show that he has been controlling other public moneys ince. Senator HENDERSON requested tnat the testimony of witness, in reference to the mode and manner of obtaining money on requisitions of the Secretary of War shonid be read. * The Cuter Justice remarked that the witness amight be usked to repeat his statement, Senator HENDERSON said that his object was to know whether money could be obtained on the signature of the Assistant Secretary instead of the Secretary. Mr. BUTLER proceeded to examine the witness on thet point. Q. State whether the Assistant Secretary of the jury cab sigh Warrants for the payment of ‘Mr. EVARTS—That is not the question. Mr. BUTLER to witness—State whether on the re- t » government the y can sign war- y for payment of money + —Unttl thé passage of the late statute, th etary Of the Treasury Was present nse y could not be drawn from the rants on the Tre: With pact has been passed within a year allow- P Assistant Se y to sign warrants for payment of mon into the : worerng in warrants and Warrants for the pa of money on accounts s but the pract sof honoring all cv warrant signature of the Secretary of the Treasury fants are pr and the initials of the by the ? re put upon them, and they are signed by the ry of tie Treasury when ihey are pres | sented. | Senator FESseNpen asked that the law to which withess referred tuight be read While the messenver was vone for the statute cu ud we ask 4 wh e the passage of the a referred any warran! could be drawn by Pr he was acting Sccretary in ine abs retary Y Witnes: ad not. No money can be @rawn from the Treasury on the signature of t Assistant Secrotery unless when he is acting Secrotary. Mr. BUTLER—When the Assistant Secretary acts for the Secretary does he sign all warrants forthe pay ment of woneyt Witriess—When he is Acting Secretary of course he ants for the payment of money. desired to ask the wit The Ciiivy Justion reminded the § Tules required questions by Seuttors to writin, ator that the « reduced to * CAmeron was writing ont his ques- r ton Mr. nm read the act referred to by undier. ‘The aet de that (he s¢ reasury shall have y by appointr gate to one Assistant : all nts for the payment Jic Treasury and all warra public m ertified to o sign in its st f money into the r the disbursement of and settled, und all warrants ave the same validity if signed by th himseit. Mr. EVAnTs—W) this law? Mr. Buh To witness—In case of tue removal or absence of etary of the rreusury does the Assistant § perforin ail the acts of the Beeretary? A. f Q. Dwas only asking about the practi that ie practicey A. Fain not certain that i is without 4n appointment as Acting 5 , Signed by the mended j ne J'res dent. C\wmnon cont up hit question in writing, Es a8 Can the Assistant Secretary of the "tre y. under law, draw warrants for payment of niovey hy the Troastirer without the direction of the Seereiary of the Treasury?" Withess—since the passage of the act I nnderstand Urat thc veretary can sign warrants for the payinen noney in the cases specified, which is preanmed, however, ty be with the consent and Koval of (he a wy tow CAM ‘i 4 Ny v 7 dinesa er | NEW YORK HERALD, FRIDAY, APRIL 3, 1868—TRIPLE SHEET. —— eons Daman JunTIe anid he cots do gaat haya WH.< Senator WILLIAMS objected. ¢ Senator CAMERON said he had merely desi; ask what had been the a ‘The CHIEP JUSTICE that the Senator was not Mr. BUTLER asked the question, whether it has been the practice for the it Secretary to warrants? ‘itness—Siuce the passage of the act in question M ehatae FESSENDEN submitted following sul the follo jues- tion in writing:—‘Has it been tne practi since the penne of this law, for an Assistant Secretary of the reasury to Warrants unless he was specially sppolned and authorized by the Secretary of the ury? Has any Assistant Secretary been au- tho to sign any warrants specified in the act t” Witness—It has not been the practice of an Assist. ant Beorstary, since the arena, warrants unless on appointment by the for that purpose, in accordance the Ed Lod Tineedigees on Pe of e Secretary autho one taries to sign warrants of the character described in the act, and they have been customarily 5 by that Assistant Secretary in all cases since that time. Q. Has any Assistant Secretary been authorized to sign any warrants such a8 are in the act? A. No Assistant has peen Came 4 pd oh yp oe nn gid ants act unless he is Act! . me juestion as to whether ‘The Cuier Justice a the se ROR. TROD. yy Mr. Butler should be ad- ‘The vote was taken and resulted—yeas 22, nays 27—as follows:— Yeas—Messre. Anthony, Cameron, Cattell, Chandler, Cole, ing, Corbett, Cragin, Drake, Howard, Howe, M ot Wi ae, Fometoy, Heaney, ‘Ross, Sprague, Sum. ve. Messrs, Ba; v Dt DooltleBaminds, Ferny Petaadeny Fewer, elon Set ee eae See ven We "en tay an, Willey and Willtama—27, crecsin Mite So the testimony was not permitted to be offered. TESTIMONY OF CHARLES A. TINKER. Charles A, Tinker sworn and examined by Mr. BouTWELL:— Ns Q. What is your business? A. Telegrapher. Q. Are you in charge of office? A. amin charge of the Western Union Telegraph office in this city. Q. Were you at ae in charge of the Military Telegraph Office in the War Department? A. I was. Q. From what time and to what time? A. I can hardly tell you from what time; | was in charge of it up to August, 1867; I think I was in charge of it something like @ year; I was connected with the office something like five years. Q. While in charge of this office state whether a despatch from Lewis E. Parsons, of Montgomery, Ala., came to “Andrew Johnson, President,” and it 80, at what date. A. I think while I was in that office I saw a good many such despatches. Q. What paper have you now in your hand? A. I have what professes to be the copy of a telegram from Lewis E, Parsons, of Montgomery, Ala., ad- fienend ed ‘To his Excellency Andrew Johnson, Presi- ent. Q. Do you know whether that telegram came through the officer A. | recognize this as being the character of a despatch which was received at the Military Telegraph OMce. « Q. Were the duplicates of telegraphs received kept at the Military Telegraph Ottice? A. What is called . Sonat copy” is taken of every despatch before de- ivered. Q. Is acopy taken of every despatch before sent? A. Not before being sent; the originals we keep on file at the office, Q. State whether at my request you examined these press copies. A. I did. Q. Did you tind such a despatch as I have described among these press copies? A. Did. Q. Did you copy it? A. Imade a copy of it. Q. Have you got one on hand? <A, No, I have not; I made a copy of the despatch and answered the summons of the Managers, I placed the copy in your hands, and I heard you order the cierk to make @ copy afterwards. The clerk returned with this copy, and you gave me back the copy 1 had made. This is the copy which the clerk made. . Have you the original despatch? A. I have. ir. BUTLER—Produce the origipal despatch and copys both. “<5 dens is meant by the original de, spat Witness—I mean that I have the press copy. Mr. STANBERY (to the witness)—vid you make this Dress copy yourself? A. The press copy is made by a clerl Mr. Evarts objected to putting in evidence the hag from the press book. . BUTLER said he would pass from that for one moment and would ask the witness this question— Do you recollect whether such a telegram as this passed through the office? A. I do not remember this despatch having passed through the office. Q. State whether on the same day you had an original despatch signed Andrew Johnson? A. I have the despatch on file. Q. Are you so familiar with the signature of An- drew Johnson as to tell whether that 1s bis signature or not? <A. I believe it to be his signature; | am very familiar with it. Q. Have you any doubt of it within your own mind? A. None whatever. Q. Is that book Which you hold in your hand the record book of the Uuited States Military Telegraph in the Exeeutive Office wherein original despatches are put on record? A. It is the boukin which ori- ginal despatches are filed. Q. Do you know whether this despatch to Lewis E. Parsons passed through the officer A, [do know It from the marks contained; it bears marks as having been sen‘. Mr. STANBERY—Let us see the despatch. Mr. BUTLER was handing the book to Mr. Stanbery when he suddenly remarked, ‘I will give you a copy of if.” (Laughter.) He sibsequently, however, handed the book to Mr. Stanbery. bo nga inquired what was the object of the roo! Mr. BUTLER—Do you object to the document what- ever is the object of the proof? Mr. STaNBERY—We want to know what it is. Mr. BUTLER—The question which I ask is whether you object to the vehicle of proof? Mr. STANBERY—Oh, no. Mr. BUTLER (to witness}—What is the date of that despaigh? A. January 17, 1867. - ‘Mr. ST, NBERY (to Mr, Butler)—Now, what is the object OF it? r. BUTLER—Not yet, sir. (To the witness)—On the same day that this is dated do you find in the records of the department a press copy of a de. spatch from Lewis E. Parsons to which thie? an answer? A, U find the press ofa despater 4 which that wad @h Ahswer.~. * as Q. Was this telegraph ofice “Sider the control of the War Department ang % War Department building? A. It was. ~ 3 Q. The officers wer employs of the War Depart- ment? A. They Were. Q. Were the records kept at that time in the War Departasent? A. They were. Q. And are those books and papers produced from the War Department? A, No, sir, they are not, Q. Where do they come from now?’ A. They came from the War Department to the telegraph oitice. Mr. BUTLER said now he proposed to give in evi- dence the despatch of Lewis C, Parsons, to which Andrew Johnson made reply, and asked if there were any objection to it as a venicle of proof, not as to the completeness of the testimony. Mr. Evans said—On that point, in the present case, although we regard the proof of Mr. Par- sons’ despatcuas insnficient, yet we will waive any objection of that Kind, and the question we now stand upon is as to the Competency of the proof. We have had no notice to produce the original despatch of Mr, Parsons, but we care nothing about that; we waive that, and pow we inquire in what views and under what article these despatches dated prior to the Tenure of OMice act are introduced, Mr. Bur.er—In order that we may understand whether those papers are admissible in evidence it becomes 1 , with the leave of the President of tie Senate, to read them de bene esse. Mr. CurTis--We do not object to your reading them de bene esse. Mr. Butler thereupon read the despatches, as fol- low Mon taomrny, Ala., Ji 17, 1887. der vote on vimgton Kays it We do not know what PARSONS, Exchange Hotel. Kfiorts nt Report it will pass, Wis C. U.S LVR OF PLOT) Jan. 17, 1867, "5 te Hon, Levis € porst reconsidering the ¥ of tone in the presen the people of the whe tn the attemy ronment by enabling e, on. the contrary, that they will have patriotisnn and courage to place their confidence in on the part of ) sustain the several « nent in secordance wi ANDREW JOHNSO: not desire to argue the iivolssibility of the evidence; he upétent either under the tenth wi ginal design. BuTERR said he did nas to the it was ¢ ‘ ticles, Mr. Conris—The tenth article set out speeches, not telegrams, Mr. BurLER—f counsel that ul 1 know they peeches made? ey were made re they matey for the purpose of carrying out the conspiracy against ca i gress and its lawful acts, and to bring Congress to ridicule and cx impt. But now 1 am on the Pant atcompt is made to array the people ne lawful. acta of Congress wortentroy the respect of ail good people for Congress, minim and resentinent of all the United States against Congress it enacted. The President the country in September, 1866, tat Congress had no power to do at it was proposing to do. Congress had pro- ed (he constitutional atuendment to the people of sand for the purpose of preventing that citutional amendment being accepted every pos: sible contumely was thrown al Congress aud every possible step taken to prevent the adoption of the amendinent. Thid telegram from the President is of those steps. We find, while that amendment as being considered in the Southern States, the President of the United States stepping down from his bigh position and telegraphing to the Leis of Alabaraa not to accept the proposed amendment, J do hot care to argue tne question further r, Evanrs—Ir the honorable Managers are right armendment is propowed to t ¢ nd com only In reference to the erin red in ihe tie f the Congress of the States, and devised, and intended and ng into disgrace, United States, and to destroy the respect and of all people of Oe Te States for the tive power of ongress, and to excite the odium and eat Sali’ tae OF Now the acts chi be J to with this intent are, first, aspeech the Executive Mansion in apeecn daltwared by him at vered in Cleveland the article concludes Andrew Johnson President into August, 1866; second, a 1866; by means the high contempt and crimes and from the |, Whether it of intent. hes of the United orized the constitution to exercise 2 Congress of only’, portion ‘of the Uauted Stace and gain gress was or upon as he thought to adinit: wu thereby inten to deny the aut of cape to pass amendments to the constitution of the United States; and in further pursuance of that intent h of the requirements WASHINGTON NEWS. ‘WasHinaton, April 2, 1868, ‘Transacted in the House of Repre- No Business sentatives. ‘The House met at twelve o'clock. A leave of absence ‘was granted to several of the members. Mr, Wash- attempted to bri: disgrace, contempt and reproach the Congress of be burne, of Illinois, suggested that it should be the un- derstanding dally that no business should be done on the return of the House to its chamber, unless the Speaker notified the House in ne by the President | the morning that business would be done in the eve- ivered by him in | ning. Mr. Niblack suggested that he would move for some badge of honor, a red feather, or something ‘and | ofthat sort, to be worn by the Chairman of the of these | Committee of the Whole, so as to distinguish him fr the Senate, The House then proceeded in the usual order to the Senate chamber to attend to the im- peachment trial. The Tobacco Tax. ‘The new Tax bill will not contain any provisions -ninth | altering the existing rates of tax on tobacco, all reports to the contrary notwithstanding. Whatever change may be made in the present provisions af- fecting the article will apply solely to the grade tates, {oes See Meaialation of pies Oar. of manufacture, embracing stems and other re- fuse, which will be so framed as to pre- vent “a large class of frauds which have long been successfully perpetrated. It is believed in tae const. official quarters that the Committee of Ways and e, in eee of tion of the United States, did, on the 234 day of Feb- | Means will not, in view of its action on the whiskey Sambora cae ean : ice, ch, 1867, after the date of this despatch, 4 attempting to contrive means to prevent Edwin Stanton of re- ing appropriations for the support of the for the fiscal year 1 passed March 2, 1867, ‘and also for oopeavini oF prevent the execution of an act for the more efficient governinent of the United States, also referred to in this despatch. act eutitl tax, recede in any degree on an article from which twenty-five millions of revenue is anticipated. Rumored Removal of General Emory by General Hancock. It has been rumored within the last day or two that General Hancock intends to relieve General Emory from the command of the Department of Washington, and, notwithstanding the authorita- Mr. Evarts then read the des- | tive denial to the contrary, rumor -still insists that tch to Lewis C. Parsons, and continued :—There | General Gordon Granger is to be his successor. nothing in this despatch pertinent to the ch: nothing that tends to the scandal of the Presidential | There is good reason to believe that General Granger oftce—nothing that has the slightest relation to de- | is designed for some special mission, the time for feat the law—nothing that can be claimed to bea proper subject of an allegation of high crimes and misdemeanors on the part of the President; and we which has not arrived, and his prolonged presence here, together with his frequent interviews at the say that the testimony, spread over the widest fleld | White House, would seem to strengthen such belief. of inquiry, fails to support any chal crime or an; intent or any pu inentioned in this article. ig Mr. BouTWELL for the, Board of Managers con- tended that the evidence of the telegraphic despatch was admissible in support of the cuarge contained in the eleventh article. If attention be given to the eleventh article it will be seen that it charges “that on the 18th of ren dyes 1866, the President, in the city of Washington, in a public speech delivered by him, affirmed in substance that the ‘fhirty-ninth Congress was not a Con- 88 authorized by the constitution to execute legislative power; that it was not a Congress of the United states, but a Congress of only & portion of the States, thereby denying that the legisiation of said Congress was valid or obligatory on him, except in so far as he might recognize or admit it, thereby de- nying the right of said Congress to pass articles of amendment to the constitution of the United States.” This is the very substance of this telegraphic de- spatch. Besides, the declaration, which is the basis of the artice, is open to us for the introduction of testimony tending to show the acts of the President on this point; that at the city of Washington he, in disregard of the laws and of the requirements of the constitution, attempted to prevent the execution of an act eatitled “An act to regulate the tenure of office,” and by de- vising, contriving and attempting to devise and con- trive means then and there to prevent the execution of an act providing for the support of the army, and also to prevent the execution of an act to provide for the more eiticient government of the Southern States, and thereby to properly see and understand the na- ture and extent of the influence of the President in sending this telegram. Here is Mr, Parsons, known to be the Provisional Governor of Alabama in 1865 and 1866, and possessing immense influence in that part of the country, and who asks the Presi- dent’s opinion on the subject of the reconstruction of the rebel States. He (Governor Parsons) says the Legislature is in session and about to take up the question of the constitutional amendment; that re- ports from Washington say that probably an enabling act would be passed relating to the act known as “An act for the more efficient government of the rebel States,” tnrongh which | ! addition to the indictment. these States were to be restored to the Union, and he (Governor Parsons) asks the opinion of the President as to what he should do. What does the President reply to this? What good can be obtaimed by recon- sidering the constitutional amendments? I do not believe the people will support any set of individuals, Here is the whole gist of the telegraphic despatch as it appears to the charge in the eleventh article, ‘There we set forth that in September, 1866, the President declared that the Thirty-ninth Congress ‘Was not a constitutional body representing the whole Union, and in this despatch he speaks of Con- gress in the sane way. He says, “I do not believe that the people of the whole country will sustain any set of individuals’—thus describing and characteriz- ing the ‘Thirty-ninth Congress as a set of individuals— “eager im an attempt to change the whole character of our government by passing enabling acts or otherwise.” We say herein ‘we have evidence of the intent of the President to defeat the will of Congress in regard to the enforcement of an act, and that proves the ofence charged inst him in the eleventh article. 1 am reminded that the Recon- struction act provided for the adoption of the consti- tutional amendment under the constitvtion, and coincident as to the right of a State under an enabling act to be restored to [ie Union, The despatches were again real. Cries of “Question !” Mr. BUTLER—Let me first call attention to the fifth section of the act of March 2, 1867, known as the Re- construction aet:—“And when said State, by a vote of its Legislature elected under said constitution, shall have adopted the amendment of the constitu- Lente 3S the gpl States: Bpopoeed by the See nth Co an n sticle fourteen, and when oat article areas re of the constitu. ton or, fe, L nited States, the said State tig to on yo Df Ranremesesrtee or AN SE tten thereirom on their taking the oath prescribed by law.’? So that the adoption of the amendment is a part of the Re- construction ac ie roy hed “Quel geil Manne a TET ir. HOWARD—Mr. President ‘estion. It wan read, an followa:— 9 * OCF 8 at Sénators “ What amendmég 6f i constitution 1s referred { to in Mr, Parson's despatch . Mr. BuTLER—There was but onc at that time before | the countrys tha was known as the fourteenth ar- | ticle, and quired tq be adopted by every State Legislature before the State can be admitted to representation in Cries of “Question !” “Question !" The Cuter Justick again stated the question to be whether the evidence offered by the Managers is ad- mnissible. Senator DRAKE called for thy In seconding the call several their hands, but thejCmer Jusric vill rise. ‘as ordered, and resulted yeas 27, nays 17, a8 follows:— said:—“The Sena- Cameron, Cattell, Chandler, Cole, Cragin, Drake, Henderson, , Patterson of N. Hy ‘ague, Stewart, Sumn> Doolittle, Ed- wen, MeCreery, Trumbull, Van munds, Ferry, Fessenden, Morrill of Me., Norton, Winkle, Vickers, Willl So the evidence was admit Mr. DOOLITTLE Moved the urt do now adjourn until to-morrow at twelve o'clock. Mr. SUMNER—I hope not, —The question was not understood. whey question again and said p it, wNer asked for the yeas and nays, which allied, with the following result: meron, Corbett, nysen, Hen on of Tenn., M Hof » Tipton, Tru ley Vieker’ Her, Cole, Conneas, Conkling, joward, organ, Mor Ryry’ Patterson of Ne ily Pomeroy, Hoan, BNCE- man, Stewart, Sumner, Thayer, Williains and Wilson ad. The Corer Justick—On this question the yeas are twenty-two and the nays are twenty-two. The Chief Justice voles in the aiirmative; so the motion is agreed to. (Langhter.) ‘The Chief Justice then vacated the chair, which was immediately resumed by tue President pro tem. . SHERMAN called up his order suspending for the present the order establishing the ticket system. Aiter some opposition to the order a motion to adjourn prevailed, and shortly after dive o’cloek the Senate adjourned. re. Cattell, Chand Drake, Edin ma rit of JANAUSCHEK.—Miss Fanoy Janauschek, one of the first of living tragtdiennes, whose woaderfal acting in the most dificult rétes of the high classi¢e school and musical voice—reflecting every phase of human passion and softening the harshest tones of the Ger- man language to the cadences of the softest Itallan— have caused her career in this country to be one of unprecedented suecess, app elnesday night at the Philadelphia Academy of Music in the character of Mary Stuart. The reception was enthusiastic in the extreme, and her rendering of the réle aatla- fied even those who entertained the highest antict- pations of her genius. One of the best specimens of art we have seen in this city is. a marhie bast of this great actress, by Mr. Hesse, a New York sculptor. ‘The design and execution are wort the subject, aud the artist has caught the most favorable expres- sion of the sparkling features, is a contrast to some of those spechuens of nart whieh are too often imported he: 5 and an encouraging spe American art. ANNUAL INSPECTION OF THE Poicr.—Captain Copeland, Drill Captain of the Metropolitan Police, yesterday commenced the annual inspection of the © force. lous ot the re ‘The sanitary squad nets were In. iuinder of the feree members of the polic i detachments of v spected during the day, the One I have just read, and which ts re- | General Hancock, however, has not yet ordered any changes in departmental commanders and has not intimated that any such changes have been contem; Plated. General Hancock’s Headquarters. Major General Hancock has not permanently established his headquarters. He is still remaining inthe same building with General Emory. Very little business has as yet been transacted by him, and no changes have been made in the different de- partments embraced in the Division of the Atlantic. The Case of Samuel Strong. Some days ago Samuel Strong was arrested here, onthe instance of the Governor of Virginia, ona charge of having ohtained signatures to writings under false pretences, with intent to defraud. Hav- ing been brought before Judge Fisher, he was dis- charged on the ground that Virginia was not a State in the Union, and therefore Governor Pierpoint’s requisition could not be recognized. Subsequently General Schofield, commanding the First Mili- tary District ot Virginia, addressed a@ requisition to Chief Justice Cartter, of the Supreme Court, of the District of Columbia, requiring, in the pursu- ance of the provision of the constitution and the laws of the United States, that Strong be apprehended and delivered to an authorized agent, to be delivered to the First Military District, to be dealt with according to law. The argument in the case having been heard, the District Attorney said that to-day he desired to have an expression of opinion as to the power of the Executive in the State of Virginia, either civil or mili- tary. The principal question was, whether the affida- vit as necessary, and properly held to be one Counsel for Strong said it was important to know in an authoritative way whether the requisition was proper after the party was waiting only a different process. Counsel did not regard this military requisition within the law of Congress. The District Attorney thought there should be @ thorough investigation of the case. The point was whether Strong should be surrendered on the requisition. Judge Cartter said this was a very important question, not particu- larly as to the matter before him, but as a matter of principle. The District Attorney thought the requist- tion was clearly within the law. Judge Cartter said the point whether a mere demand entitles the sur- render of the fugitive had never been fairly made. ‘The decisions, more or less, had been influenced by political considerations, He desired until to-mor- row to took further into the question, The Alleged Frauds at the Brownsville, Texas, Custom House, The Treasury Department has received advices from Brownsville; Texas, where frauds were recent- ly perpetrated, stating that nearly all of the Customs onicers have been arrested and a number of indict- meitts found against them; the deputy of the office is incited im the arrest. Owing to these circum. stances nich confusion prevails in business circles. Speciat Deputy Field has been sus- pended from offiae by order of the Secretary ailhe ey | of the Treasury. The nomination of Kellean Y, Whalef for Collector of’ thg Port has pot vor! ‘1 . thm me ~ ber acted upon by the Senate, *“ ie fies Aftairs in Japan—Letter from Minister Van ee TR Ye ep OY wikenburg, , The Typo sug telegram felative to the internal atatrs of Jafan was received this day at the Depart- ment of State:— LEGATION OF THE UNITED STATES IN JAPAN, ) t q 0,3 Via San Francisco, April 1, 1 To Hon, W. H. SEWARD, Secrecary of State ‘The Tycoon was driven froia Osaca after fighting. On the 4th of February the Jay tacked, with rifles, the foreigners at this place. One American sailor and two Frenchmen were wounded. They w pursued vi American and other juarines and sailors and dispersed. The town is for- tifled, On the 8th the Mikados’ envoy arrived and 3 jators held up | peace was restored. The foreign ministers demand an apology and the capital punishment of the officers ordering the attack, The demand was acquiesced in and the execution is tare 5 to-day. The Ty- coon has abdicated, The Mikado is sending troops towards Jeddo, — Notices of neutrality have been issued by all the foreign representatives. I have the honor to be, sir, your obed! R. B. VAN VALK Political Agent of the Swiss Confederation. Mr. John Hetz, who has for some time past very acceptably represented here the government of the Swiss Confederation as Consul General, presented 0 the Secretary of State his credentials as political agent of that government, ‘ Customs Dues at Havann—Defective Manie fests. Our Vice Consul General at Havana has just ob- tained tie remission of a very heavy penalty imposed upon the schooner Thomas Booz for entering the port of Cuba with a manifest defective in showing a larger cargo than that actually on board, the vessel having been inadequate to carry the whole cargo intended to be shipper id entered upon the manifest, Such cases have be: urerous, e authorities ba have in general exhibited a very commendal liberality in assisting them. The Consul says:— lt would not be strange if their patience should soon be ex ed. They have a right to believe that American shippers have become quainted with the necessity of having the me nt servant, NBURG. chants accurately exhibit the exact stat of the cargo when the vessel leaves our tm sness in this matter has After the numerous wa raings that have verniment will hereafter apply with if at all, for the remission of legal core of elther ignorauce or accident. SPECIAL CORRESPONDENCE OF THE HERALD. The “Unpleasantness” Between Jerry Black ithe President=The Alta Vela Business Senthing Letter of Black to General Gar fiehimseward’s Diplomatizing Described. Wastttnoton, April 2, 1868, The following letter of Judge Black to General Garfield, of the House of Representatives, gives his side of the story relative to the Alta Vela (guano island) squabble, which has caused the ex-Attorney General to withdraw from the list of counsel for the President in the impeachment trial. It is particu. larly severe on Seward, and is weil worth perusal:— My Dear Str—I owe you an explanation of the Alta Vela ca nd I will give it to you in as few sas tecan ‘ela is a small island or key, half a mile wide warters of a mile long. it les about six- outh of the southernmost cape of St. irectly between it and St. Domingo is the larger island of Beata, which belongs to aud is “iby Hayti, Alta Vela is destitute of water tation, and was never inha or used by vewe any nation or people for any purpose re the ise sry of guano upon it by Captain Kimball, as iter mentio It was regarded ag useless, and it is useless ox for the gaan, qnestion was not “within the lawful jurisdiction of any ng er t,” nor was it “occupied by the citizens of any other government” previous to the American possession of it, An earlier occupancy by any other nation or individual is not asserted even at the State ‘The pretence that its situation subjects it by mere construction of law to the juris- diction of St, ta ny not be set up by any in- peligeat person who adecent respect for truth, of ns on the earth St. Domingo has the least show of claim to it; for it not only lies outside of her territorial waters and is wholly unconnected with any part of her dominion, but the territory of another nation (the Haytien island of Beatu) is between it ans id her. On this desolate, unoccupied and apperetiy useless kev Captain Kimball, then engaged service of Messrs. Patterson & Murgniondo, of itimore, dis- covered & deposit of ino, By the Taw of nature and of nations, as as by the act of reas, they had a right to appropriate it. did so. They took open iD in the name of the United States, hoisted the American flag, sent down a large force of men and ships and invested their whole capital in the business of working it. They had been seven months on the island when the Domin|- cans came upon them, “presumptuously with gulle,”” captured their workmen, whom they kept for a month in cruel captivity, destroyed the property and broke up the of the American owners, Messrs. Patterson & Murgniondo and the persons as- sociated with them are entirely ruined, They are all now bankrupt, solely in consequence of this out- bi upon thelr rights, ese parties were entitled to the amplest protec- tion of this government without reference to the act of Congress on the subject. Their business was lawful and they were prosecuting it without injury to the rights ofany human being. If an Amer citizen establishes ane DuTNnee: any useful branch of trade on a naked, uni ited island of the ocean he cannot be disturbed there, A violent mn himon an island so situated is an him and an insult to the United States as as it would be if committed on board an American vessel navigating the high geas, The nation that submits to such a wrong without seeking redress must be- come utterly contemptible at home and abroad, But the guano trade was so important to the agri- fty that it was thought worthy of special encourage ry ‘was thor wo! spect ment. Therefore the act of August 18, 1! was Pp |, Which secures to discoverers an exclusive right in the guang they ay find, provides a mode of making their acts matter of public record, and ex- ressly reaffirms and pledges over again the faith of jhe government to prevent crimes and protect the owners it aggression. Many guano de- posite were held and worked by Americans under the principles of public law before 1856, and many more have since m taken. We have now fifty- eight in all, In no case, except this one, has ps # de- artment of the rena shown the least esitation about enforcing the rights of the owners. Now let us assume for one moment that St. Do- mingo had a title. Did she not lose all right to assert it by encouraging the occupants to spend their money, time and labor on the island inthe belief that the title was their own? Could she stand ailently by until we were so far embarked in the business that to stop it was ruin, and then spring upon us a claim which she had dishonestly concealed? Every one who has the ordinary instincts of a just man will answer “No,”? In ali the codes of every civilized country and in the pals law of te world it is an inflexible rule that he who violates good faith by not speaking out when he ought, shall not be permitted to speak when he would. If you look on while ex- penditures are made on your laud by a person who does not know that itis yours you cannot afterwards take it from him; his title is. as good in equity as if you had given him asolemn conveyance. You cannot mislead aman by your deceitful silence and then ruin him by taking advantage of the jorance which your own frauds has produced, is rute, being founded in principles of natural justice, ap- puss as strongly to nations as to private parties. ut Mr. Seward asserts that the sufferers in this case are not entitled either to restitution of the property or to damages for the losses inflicted upon them. He justifies the Dominicans in all things. He is either ignorant that law and common honesty required the Dominicans to give warning of their title or else he acts in total disregard of that obvious principle. On the one supposition he is mentally, and on the other he is moraly unfit for his place. But the Dominicans had no title or color of title. They never exhibited any specific claim either before the expulsion of the owners or afterwards. When formally called on to show their right they were able to give no definite answer. The pretended title now set up for them, clumsy and false as it is, was all manufactured in our own State Department. It is very natural to inquire here why the Domini- cans, if they had no ret it, should commit an inex- cusable outrage like , Siuce they could scarcely hope to do it with impunity or keep the fruits of it. A single fact will pluck the heart out of that mys- tery. Santanna, President of St. Domingo, had stipu- lated to sell his country to the Spaniards fora sum of money, and it was demanded of him, as @ condi- tion precedent, that he should drive the American flag from Alta Vela, its proximity being considered incompatible with the purposes they had in view. Santanna performed his contract, got his money and has never been seen in St. Domingo since. It is also true that certain Spaniards cast a covetous eye on the treasures of Alta Vela, and looked about them for some mode of plundering its lawful proprietors. They could not assert a claim of their own, and Hayti, the nearest neighbor of Alta Vela, would not lend herself to the fraud, St. Domingo was the only catspaw that could be used, and she was brought to it only in consequence of the corrupt ascendancy of the Spanish infuence for the time La So the owners were expelled, and then the American Secre- tary of State consented, for some unknown reason not only to abandon the duty ne owed his own country, but to become the instrument of the wrong doers in getting up excuses which they had not the hardihood to offer for themselves. The government of Spain never assumed any responsibility in this business, but a letter from Mr. 1. B. Clark (p. 59) asserts that the island is now claiiued by a company of New York speculators under a Spanish lease con- firmed by St. Domingo. Nothing can be clearer than was the duty of this government when it became known that American Te is bad been thus robbed. rst thing to be = Was ee To that id Mr. Seward should havé fnade to tne rs. a simple and trathful report of the facts, Until the paoyes Were laced in statu quo all negotiation was out of place. f the Secretary thought fit to diplomatize with them he shows ave permitted them to make out their 2¥P Tse. At the least and the towont, jf Ge neat enlist against his country and his “otiow citizens, he should have opposed them f*\, One or two oc- currences will show you, “ow he conducted the defence of the etnderers, While he, athused th owners of the island with romiser, to report and with apol ‘ies for the delay, ie Wis Tu correspondence with certain New York niymen, who frankly told hiia that they wanted the guano on Alta Vela if they could be assured of Meir right and of government protection in taking itaway. Mr. Seward, by his assistant, replied that he could not encourage them in resorting to the isiand for that purpose unless they could get the consent of St. Domingo, and advised them to get thatof Ifayti also. Thereupon they got the consent [ St. Domungo and informed Mr. Seward of it in a munication which he has suppressed, After- , becoming alarmed at a newspaper para- , they wrote Mr. Seward to remind him of his ujued promise to them and to tell him how much ion jury to tont, they had expended on the faith of it, “We have done so,” said th ‘feeling satistied that our gov- ernment would acknowledge our right, particularly after informing us how to obiain it. this Mr. Seward unblushingly replied, in the very teeth of his first letter, that it (the frst) was “a warning to all persons that they would deat with the subject at their peril.” You will find this correspondence on pages 57-5-09 of the Senate document. it shows that he encouraged and impliedly promised his approba- tion to a purchase from St. Domingo which he must have known could never be carried into effect with- out depriving Patterson & Murgulondo of rights which lls obvious duty required hin to vindicate and protect. While he pretending to consider how the crs Inight be restored to possession he had already taken the other side, and the faise side, in his correspondence with outsiders, Who acted upon stiggestions volunteered by him. Why the Secretary changed his attitude and denied that he 1 nt What was plainiy imported by nis letter to Mr. oot ts explained in the letter addressed by me to the President on the 7th of August, jast eward sent ine a “memorandum” that the ad “accepted the conciusions” of a report to have been made by se pdy in the depart- ment. Aithough this was senseless on its face it was At it would be used at some fature time lication -by the President against us ; norandum® could be applied to any igh srwards be got up, But 1 cident, to know that in point had been submitted to the and that he knew nothing of jen interrogated on the subject, yemorandtium’? was wholly untrue. ward having been detected in that trick and tmself unable to impose upon us a fabri- vision it became neces#ary that he should give & new face to his correspondence with the trusting Mr, Root, and this could only be done by a bold assertion that the letier which committed him to the interests of tue Dominican lessees did not | mean what it said, i will give you only a specimen or two of the points which Mr. Seward had made:— 1. te asseris atone time that we did not ask for restitution and at another that we made no claims for doimages. in fact and in trath, we demanded both in the beginning, and never withdrew either. The reeord shows this, In one place he tries to make out a title for St. Domingo on the ground of military necessity, If cit- izens of this country were permitted to py Alta Vela it might be fortified, and the occupation of it in that way by & hostile Power would be dangerous to St. Domingo, That the United States would need an in- termediate point of approach to attack a nation which is not haif as strong as any one ward of Washington city is absurd enough, It is still more so to suppose that Alta Vela would serve sach @ purpose when you reflect that it lies on the opposite ste of E ia already in the hands of a foreign Power. Mr. Sew. ard’s etfort to dignify the valgar 1 commonpiace thieving of iis protogés by putting a military gloss on it is a complete failure. 3%. He introduces a letter from me as Attorney General in which I said that ® claim of jurisdiction over Cayo Verde, made by Lord Lyous in the name of Lis government, should be settied before an Amert- can Was put in possession under the Guano act; and he gravely uses this as authority f ing that St. Domingo wiihont any such ¢ expel an American aller he was in pos ya With her aequi- pence for seven months. 4. Ile produces legislative acts of St. Domingo in which Atta Vela is named as an adjacent t 1 to one of ler provinces, Was it ever heard of before eo dation vequired territery by merely mentioning only didnot make such an argument rights of their country, but they repelied it with in- dignation and put it down a8 an insult which. could not be borne. 1 have selected his strongest points and stated them as fairly as I could in a space so brief, Perhaps diplomacy is a business in which a man ig not re- quired to be perfectly honest, It may be that some allowanee ought to be made for the the trade. But surely it 1s discreditable to United States that they should have a Secretary prin- ciples are go loose that he volunteers the influence of his office to defeat justice and employs his time in making false defences for foreiguers who have wronged and dishonored the nation. Most peapeet- fully, yours, &c. J. 8. BLACK. Hon. J. A. GARFIELD, House of Representatives. THE METHODIST EPISCOPAL CHURCH. New York Conference. ‘The second day's session of this Conference was opened at the First Methodist church, 125tn street, yesterday morning, by a prayer by Rev. R. C. Put- ney. Bishop Clarke presided. ‘The ceremony of receiving into full fellowship D. McCartney, Fletcher Hamlin, W. F. Brush, Angelo Ostrander, J. J. Dean, William E. Mickle, J. H. Loomis, C. H. Reynolds, John Keogan, D. Philips and G. B, Clarke was of an impressive character. Thes¢ sentenien. were feelingly exhorted by the Bishop to ote themselves earnestly and Sony, ininistry, and to so deport themselves as not to bring uy the Church of Christ. At the con- clusion of the Bishop’s address the question was put to the “Are you total abstainers from intoxicating drinks’ to which an affirmative reply ‘was given. ‘The Committee on Lay tions submitted a report embodying resolutions which were warml: discussed. ther several substitutes and amend- ments had been voted down, Rev. Mr. Crawford resented as a substitute the report concurred in by The General Conference of 1864 and by this Confer- ence in 1866,, which was adopted. It reads as follows:— ne ‘peices of lay. repres Station ta thal boty sen age BE pt purebes; a General Gonferenee Of 1864 substantially reiterated such leclaration, ‘ore, . York Conf hereby e An interesting address was made by the Assistant Secretary of the Methodist Missio ary Boeery, Rev. Dr. Trimble, in which he gave a résumé of the mis- slonary labors in various quarters of the globe. At ten o’clock this morning the reunion services of the New York Conference and the New York East Conference will be held in the church corner of Twenty-second street and Four avenne. New York (East) Methodist Episcopal Confer- ence. ‘The second day’s proceedings of this body were not intensely interesting. The Conference was opened at nine o’clock in the morning with prayer by Rev. Dr. Kings, and Bishop Janes occupied the chair. Dr. Roach offered resolutions declaring it unwise to make any change in the boundaries of the conven- tion, and also recommending that the delegates to the approaching General Conference be instructed to use their influence to prevent any division in the Con- ference. Rev. Dr. Scudder moved that the Conference adjourn from Saturday morning to Tuesday, in order that the members from Connecticut might have an opportunity to. return home and vote in the mean- time. It was finally decided to adjourn to Monday evening. Several new members were elected, and the following were appointed as a Committee on the ~ State of the Country:—Revs. George L. Taylor, W. H. Boole, Win. MeAlister, 8. H. Platt, P. Pillsbury anc GW. Woodrum, NEWS. ITEMS, The Annual State Fast in Massachusetts. was ob- served in the usual manner yesterday. All business was suspended in Boston, the churches were well attended inthe morning and all places of amuse- ment thronged in the afternoon and evening. A fire broke out in Milford, Mass., yesterday morn- ing destroying Underwood's large boot inanufactory. ‘The stock and fixtures were mostly saved. It is nl - posed to be the work of an incendiary. The loss is” estimated at $25,000, mostly covered by insurance in Boston oftices. A destructive fire occurred in Rutland, Vt., yester- day morning, destroying the Franklin House, county Court House, Owen's store, Statford’s store and the building formerly occupied by Messrs. Chattee & Har- ger. The loss is estimated at about $40,000; partially covered by insurance. Two or three persons were Injured in getting out of the hotel. “tw, MISCELLANEOUS. A SK YOUR “SQQUAINTANCES WHO HAVE USED HOFF’S MALT EXTRACT and they Wil! recommend it; urge you to. iit! are strengthened by its use, and should those be infected by phlegm or ulcers, drink HOFF'S MALT EXTRACT. Place, ects —- remove the complaint with the very — Bethe disease, <0 ev For consumptives there is no better healing agent than this highly celebrated drink, and its soothing effects, in the words ‘felt like veritable healing balm It is an encmy to all uleers, and consult a physician who knows of it and he wilt use It. — The respiratory organs | | Warm expectoration will then take | of a grateful sufferer, are upon the sore lungs.” gently solves the phlegm within the tormented breast, besides giving appetite and sound % Such af@ictions from colds as Coughs, Hoarseness, Bron chial Irritation and False Voice present a rouitiform field upon which HOFF'S MALT EXTRACT works out blessings to the sufferers. | Mr. Bogumil Dawison, an hour previous to Lis first appear- He ance upon the New York stage, was quite hoarse. and his hoarseness vanished drank of the same, warm completely. 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