The New York Herald Newspaper, April 7, 1868, Page 3

WASHINGTON Programme of the Impeach- ment Trial. , Decision of the Supreme Court in the Cast of Mrs. General Gaines. ° POR O ‘he Naval Appropriation Bill in the Senate. WASHINGTON, April 6, 1868. ‘The Impeachment Trial. Judge Curtis, one of the counsel for the President, ‘will occupy all day Thursday in the opening speech for the defence. He may be apt to occupy a portion of Friday also, as his argument will be very elaborate and exhaustive. When he concludes the testimony for the defence will be put forward, Genesal Thomas Jeading off as ‘principal witness. Mr, Stanton will 1 Pat be summoned as a witness, though it has been geiiérally stated that he will, No regular arrange- ment of the witnesses has been decided upon. Those who are at hand, as General Sherman and Lewis D. Campbell, will very likely be examined on Fri- day. The rest of the witnesses, to the number of about a dozen, will be disposed of by Wednesday ‘week, unless the prosecution protract the time by frequent objection and lengthy cross-examination. One of the Managers will then sum up in the first instance, to be followed by Messrs. Evarts and Stan- Dery, and the final closing argument will be de- livered by auother of the Managers, possibly on Mon- day week. It is very generally conceded that the evidence in the impeachment trial is too weak to hold water. First we have a mass of testimony endeavoring to prove a conspiracy between the President and General Thomas—testimony to show that cer- tain expressions were made use of by the latter on his own responsibility, for which the Prest- dent should be held accountable; and this was gravely admitted by the court as matter worthy of considera- tion and as upholding the case of the prosecution. Two high judicial authorities did not hesitate to say last evening that the Chief Justice was entirely wrong in admitting the evidence which was put on the record in the first part of last week. It would be just as reasonable to hold the’ President responsible for the threats any. of the thousand and one post- masters appointed by him might have made use of against those they were directed to supersede, and thus prove conspiracy on the part of the Executive, and make use of their unconsidered language as evi- @ence against him. The documentary testimony will be met by other documentary testimony which the defence feel confident will pull to pieces the fabric of the prosecution. So far there is no case against the President, and @ great many Senators feel that such Is the fact; but the pressure on the entire republican element of the Senate will become intense as the trial draws to a close, and, regardiess of oath or evidence, it is feared the great disgrace will be perpetrated of re- moving the head of the nation to accomplish a party purpose. This week and the week after letters will pour in upon those Senators who are considered disposed to waver, and men will come to Washing- top from all parts of the country to urge their Senators to vote for conviction, Coaxing and bully- ing will be tried by turns, and no stone left unturned to try and insure a_ verdict of guilty. It 1s needless to say there are certain republicans in the Senate to-day whom it will require extraordinary efforts to overcome and induce to vote against their convictions, and should such men yield a day of reflection will come and a feeling of remorse follow that will embitter their lives to the last moment they exist. ‘ The McCardle Case. The action of the United States Supreme Court in the McCardle case has peen generally misunder- stood. The case was argued on the day originally fixed for it, The conference day is Saturday in each week. The other working days have been fully occu- pied in hearing the argument of cases in reguiar or- der on the docket. On the first conference day after the argument the case was not reached, although tho conference occupied all day. The next conference day Congress had already passed the act to repeal the jurisdiction in such cases, and the act was before the President. Gentle- men practitioners at the bar, without respect to politica, say, the Court could not hgve anticipated ‘the legislation, and if it had could not possibly have run a race with Congress; that it would have been ridiculous affectation not to take notice of it, and would hardly have been consistent with the dignity of the court and the respect due to the other branches of the Government to proceed with the matter until the President had either approved or vetoed the bill. On the reception of his veto, it was passed by the re- quired majority in both houses, When Mr. Black, for McCardle, moved to be heard upon the question of the effect of the law, the court, although it had sev- eral weeks before fixed Tuesday, the 3ist of March, for the closing of the docket, agreed to hear argu- ment in the case on Wednesday, the ist of April. Of that, however, the counsel did not take notice, not having appeared in court until after the subject had been postponed, The New Postal Arrangement with Italy. OfMicial proclamation is made of the articles agreed upon between the Post OMce Department of the United States and the postal administration of Italy. There is to be a reguiar exchange of closed mails, and for correspondence originating in either of those countries and destined for the other, as well as for that originating in or destined for foreign countries to which the United States and Italy may respectively serve as intermediaries. The offices fortheexchange of the maits on the part of the United States are in New York, and on the part of Italy in Susa, Camer- lata and Arona, which are trav@lling offices. The Oficial Agricultural Report for March. ‘The March report of the statistician of the Depart- ment of Agriculture includes several tables relative to farm animals. The returns of the numbers and prices of livestock show a slight increase during the year in horses, mules, cattle and milch cows, and a decrease insheep. The New England States exhibit a decrease of from six to thirteen per cent in swine; the Sonthern States from five to twen- ty-five per cent, ept Arkansas and Tennessee, which give an increase of twenty-three and twelve per cent respectively; Ohio, Mlinois and Wisconsin shower slight decrease; Indiana and Michigan no ma- terial change, and Iowa, Missouri, Kansas, Nebraska an increase. A diminution in numbers of sheep is noticed in every State except New Jersey, Arkansas, Tennessee, West Virginia, Missouri, Wisconsin, Iowa and Nebraska. ‘The decrease in prices is more marked than in numbers, amounting In many States to a reduction of thirty or forty per cent. The aggregate decrease is not less than thirty-five miilions of dollars, aver- aging nearly # dollar a head, A reduction is noticed in prices of horses and mules in every section of the country in comparison with those of !ast year. The decline is more appar- ent in the Southern States than elsewhere, owing to the gloomy state of feeling in the cotton section ‘where the returns were made. The price of cattle is reported higher than last year fa many of the States, with the exception of miich cows, which have very genorally decreased in value. ‘The March report also contains a continuation of the special statistics of the several States, including in this number the States of Texas, Mississippi, Ten- nessee, Kentucky and West Virginia. Safering Among the Indians. ‘The Secretary of the Interior sent a communica- tion tothe Senate to-day, showing that one of the tribes of Indians, more than five thousand in num- her, is ina suffering condition and recommending an appropriation for their relief. Regulation of Fare and Freights on the Pacific Railroad, The House Committee on the Pacific Railroad having taken into consideration the bill introduced wome time since by Mr. Washburne, of Wisconsin, fm relation to the establishment of a board for fide regulation of rates of transportation and pas- NEW YORK HERALD, TUESDAY, APRIL 7, 1868—TRIPLE ‘SHEET. Information has been received that twenty miles more of the Union Pacific Railway, Kansas branch, are finished and waiting for inspection. The road is now completed sixty-six miles west of Fort Hayes and daily passenger trains are running to the end of the track. ° ‘The Kansas Pacific Railroad. Lieutenant General Sherman was before the House and Senate Pacific Railroad Committee to-day and made a statement showing the lange sums which could be saved to the government: by the construc- tion of the Kansas Pacific Railroad. Free Trade in Breadstuffs in Spain, By a royal decree of the 17th of March last, notice of which has been received at the Department of State in a despatch from the United States Consul at Barceiona, Spain, the Spanish government has re- leased all duties on foreign wheat and four under both Spanish and foreign flags. . Accident on the Potomac—Thirteen Negroes ~ Drowned. A Washington despatch to the Evening Telegram says a terrible accident occurred at Arkandale fish- ing shore, on the Potomac river, about four miles above Aquia Creek, early yesterday morning, which resulted in the drowning of thirteen colored mem A party of colored men were employed at this place in fishing with seines, Yesterday morning @ boat containing eighteen men went out to the middle of the river to set the seine. A strong gale was blowing at the tle and the river was exceedingly rough. Having adjusted the net, the lookout boat put off from the shore, took five men from the same boat and carried them to the shore, after which the lookout boat started for five more of the men. It was deemed prudent that but five men should go in the boat at a time, owing to the smallness of the boat and the roughness of the river. When the small boat reached the ‘seine boat, however, the men who were left in the latter, feeling very cold and not agreeing among themselves as to which of them should go over at that trip, all leaped into the lookout boat together and swamped it. All of the men, thirteen in number, were immediately drowned. The men who perished were all residents of this city, and most of them leave families. The following are their names:—George Thompson, Jeff. Buller, Jos. Bullger, John Fitzhugh, Robert Holland, William Ware, James Thompson, John Mason, Cornelius Clayton, James ‘Thomas, James Bell, Lewis Magruder and James Stark. When the Aquia Creek steamer reached the place of the disaster this morning boats were dragging for the hodies, but up to that time none had been recovered. SPECIAL CORRESPONDENCE OF THE HERALD. Speculations in Anticipation of Ben Waide’s Succession to the Presidency=The Radi- enls Divided on a Question of the Re- lations of a Senator to the National Gevernment—The Lew of 1792—Mr. Churchii’s Bill—Impeachment Interfering with the Arrangements for the Chicago Ceonvention—Prospects of a Recess After the End of the Impeachment Trial. WASHINGTON, April 5, 1868, In anticipation of the success of the impeachment of the President, a variety of speculations engross the attention of the prominent men of both political parties as to the effect which the promotion of Ben ‘Wade to the office of acting President of the United States will have upon his previous official position as Senator. The radicals exhibit the greatest uneasiness as the democrats assume an attitude adverse to the interests of the former, particularly in view of the Legislature of Ohio prolonging the duration of their session in order to head off the appointment, in case such should be the determination of the radical ele- ment, of a Senator by the Governor of Ohio to fill the vacancy which would be created by the transfer of Mr. Wade ta another fleld of duty. The radieals assame, in the first place, the right to reguiate the succession under authority of that clause in the constitution which says that “in case of the removal ofthe President from ofice, or of his death resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death or resigna- tion, or inability, both of the President and Vice- President,declaring what officer shall then act as Pre- ident, #ad such oficer shall act accordingly until the @ieability shall be removed or a President shall be elected.” The law of March 1, 1792, under the authority of the above provision of the constitution, designated the President of the Senate pro tempore and next the Speaker of the House of Representatives to assume the func- tions of the Executive as acting President until “the disability shall be removed or a President shall be elected.” A long and flively controversy took place when this law was enacted, the opponents of the measure as finally adcpted taking the grounds that the successor to the Presidential office should be an officer of the government whose term was of equal du- ration with that of President, and therefore urged the Secretary of State. The Chief Justice was also spoken off, but representing a distinct department of the government it was thought prudent, under no circumstances, to unite the judiciary and the executive, The law as it now stands, in event of the success of the impeachment, gives the vacant Executive chalr of the nation to the President of the Senate ro tempore, now personated by Ben Wade, But n being also a Senator, the question arises can he hold the two oMices of Senator and President at the same time. The radicals themselves are divided on this point. Some of the friends of Wade argue that he can be Senator and acting President at the same time. They quote that portion of the constitution which says “no Sena- tor or Representative shail, during the time for which he was elected, be appointed to any civil office under the authority of the United States,” &c, Now, in expianation of this provision, it is claimed that the succession of the President of the Senate pro tempore is not an appointment to “a civil ofice un- der the authority of the United States,” but a succes- sion, ec officio. It is also claimed, d in this theory the democrats accord, that a Senator is not an officer “under the authority of the United States,” but under the State by the Legislature of which he was elected and by the authority of which he holds his credentials, In other words, a Senator is nothing more than an ambassador at the federal court to promote the interest of his State particularly and the federation of States generally as a bond of unton for the common prosperity a mon defence. Upon both these grounds it Is that Mr. Wade will not, as President of nate pro tempore, be under any obligations to resign, and can hold botivoillces without violation of the consti- tution. Ben Wade takes the view that ho will be obliged to resign, but his friends do not agree to this. They wut the case in another light. They say, suppose Mr. Wade's term of office, Instead of terminating in 1869, should continue two years longer, for instance, until 1871. According to their view he succeeds to the office by virtue of his office as President of the Senate pro tempore. Now, ifhe retires from the office of Senator, by virtue of which he is President of the Senate pro tempore, he ceases to be ex officto acting President of the United States, for holding the one office by reason of the other, he ceases to be either by withdrawing from the first, In regard to his term extending beyond the expiration of the Presidential administra- tion, it is further asserted Mr. Wade will resume his functions as Senator, and during his performance of the duties of acting President he ceases to have any of those powers of ®@ Senator, and therefore during the time that he is acting as the executive officer of the government Ohio is without her full re- presentation in the Senate. Some partics endeavor to explain the case by —* the exercise of the office of general by a colonel merely acting in command of a brigade by virtue of a vacancy in the grade of general. During this temporary promotion the colonel ceases all his rights to immediate com- mand over his regiment, but as soon as the bat in the higher Arad e is filled he returns to his subordl- nate command, The other side do not recognize the anal of the two cases, as in the case of a military officer his line of duty, whatever may be its rank, lies in the same arm of the service; but in the case of Mr. Wade it is transferring an officer from one branch of the government to another, But further, the advocates of the latter theory repeat that Mr. Wade is virtually without any Senatorial powers as long as acting President; bat a8 soon as an election is held and a regular President is inaugurated the President of the Senate pro tempore and acting President of the United States retires from the latter office and becomes again a Senator. During the President of the Senate pro tempore acting as President of the United States the Senate, it is also declared, elects another President of the Senate pro tempore to act Fed peetns| omcer during the absence of the senior, but that this new presiding officer loses the position 80 soon as the senior returns to the Senate. Buta further dimicuity arises here, and will to the case whe- ther Mr. Wade continues his office as oe daring Lt pat | of a hasan thee Te ol Sena mi ve & presid! Meer, cer signated the President of Senate pro tempore. Now, if the Presidential oMice were to become again SS = of \ocessor. ‘an haperacnd wae that the choice cd we jure of Ohio centres Binal uy rr. Jew th piste creneets vacaucy, a @ reward for the lively contest he made in the late gubernatorial campaign. Several prominent names are mentioned in connection with the of appears to be the strongest, on rae Greg John Sherman, the now junior Senator from Ohio, John A. Bingham, the chairman of the Board of Managers of the House of Representatives in the im- peachment stands also a good chance, and by some, in view of his prominence in the prosecution of the trial, it is thought these considerations will Schenck, notwithstanding his personal and last, but not pressure at work in jpeachment, Ben cessor to 01 But with all the doul the eifect of the succession of a Senator to the Exec- utive upon the Senatorial office of the incumbent the radicals are further exercised as to whether 1 will be necessary under the existing law to hold an election for a President to fill the unexpired term of Ben, Sr., in every respect. oy ota that have sprung up as to the present administration (if) and also a President to serve for the next regularterm of four years, Mr. Churchill’s bill amendatory to the present law is de- signed to overcome these doubts. It provides that whenever the office of President and Vice President shall both become vacant ‘more than eighteen months before the expiration of the term for which they were elected” the Secretary of State shall take measures to hold another election, which shall take place “in the several States on the Tuesday next after the first Monday in the month of November next ensuing.”’ The persons elected are also to hold for the term of four years. ‘This breaks elections to fill regular terms of ee, duration of an administration to its full term will de- nd upon the lives of'the President and Vice Prest- tent. ¢ friends of Ben Wade are satisfied with the arrangement, as it will not affect his succession (if) for the unexpired term. The democrats also favor the bill on the grounds that the law hitherto has been very unsatisfactor; and covered with many uncertainties. This bill, while it allays all doubts as to whether an election will be neces- sary for the unexpired term, gives Ben Wade a fair show for some part in the nomination at Chicago in the present spring. Every delay in the impeach- ment trial occasions the greatest concern among the wire pullers of the Wade faction. The postpone- ment of further proceedings in the High Court until Thursday next has been characterized by Wade's friends as a premeditated move to protract the trial until so near the time of holding the republican National Convention on the 20th of May next; tifat in the event of “Honorable” B. F. Wade, Senator from Ohio, donning the higher title of “his Excellency” B. F. Wade, Act President of the United States, his Executive functions and extensive patronage will avail him littie, and he will hardly have time to get himself well used to his Executive robes before the Convention will come off. It will, therefore, be upon an anticipation of his favor that his supporters will have to look and put him up for Vice President, and if he gets through then bring in their litte bills for favors. 5 ‘The way matters now stand the Senators#Ben Wade among the rest, are compelled to remain here tied down to the serious question of life or death to the political saccess of the radicals in the coming fall campaign, the impeachment of Andrew Johnson. While thelr high mightinesses of the High Court are being bored by dull questions of law and evidence, nearly three-tourths of the members of the House of Representatives have gone to to their homes to make some arrangements tn view of their own renominations, and at the same time to set their friends right on the Presidential question. This state of things is not meeting with the pleasure of the Senators, as they consider their own presence neces- sary to overlook the marshalling of the State dele- ec preparatory to the grand rendezvous at Jhicago. It is now talked of consummating the impeach- ment trial one way or the other as quickly as pos- sible, and then taking a recess until after the Chicago Convention. This course, it is to be hoped, will all low Senators and members a weck or two among their constituents to make whatever arrangements they may have in view to serve the interest of their choice for the radical nominations. The approach of the radical convention and the impeachment trial, necessary to be consummated, do not work well t gether. The uncertainty which involv: already gives rise to complaint that the was not put off until a later date. The evidently in a bad fix. we THE FORTIETH CONGRESS. . SENATE. WASHINGTON, April 6, 1868, THE MINNESOTA LEGISLATURE AND THE IMPEACH- MENT. ‘The CHarx laid before the Senate resolutions of the Legislature of the State of Minnesota endorsing the action of Congress in regard to the impeachment, which was laid on the table. IMPROVEMENT OF THE MISSISSIPPI RIVER. Mr. Ramsey, (rep.) of Minn., presented resolutions of the same Legislature in favor of the improvement of the Mississippi river, recommended by General Warren and others. Referred to the Committee on Commerce. PETITIONS, ETC. Mr. FESSENDES, (rep.) of Me., presented a petition from the oficers of the navy asking increased pay. Referred to the Committee on Finance. Mr. Coxe, (rep.) of Cal., presented a petition of the citizens of California asking aid to the Southern Pa- cific Railroad, Referred to the Committee on the Pa- cific Railroad. Mr. SUMNER, (rep.) of Mass., presented a memorial of Isaae F, Fulton, of Massachusetts, setting forth that the Post Office authorities ignore a certain ostal law. Referred to the Committee on Post Oilices and Post Office Routes. BRANCH MINT AT CARSON CTr'y. Mr. NYB, (rep) of Nevada, mtrodnced a bill for the completion of the branch mint at Carson City, Ne- vada. Referred to the Committee on Appropriations. REMOVAL OF DISABILITIES. Mr. WILSON, rep.) of Mass., introduced a bili to relfeve political disabilities of certain citizens of Gevtaie, which was referred to the Judiciary Com- mittee. PROSECUTION OF APPEAS AND WRITS OF ERROR—EX- PLORATION OF THE COLORADO RIVER. Mr, TRUMBULL, (rep.) of Ill., introduced a bill ex- tending the provisions of the act of February 21, 1863, which allows the United States to prosecute ay peals without giving bere ig to allow writs of error, appeals or other process in law, jmiralty or equity, at from or brought up in reuit Court of the United States to be placed on the calendar. Also a joint resolutynn directing the Secretary of War to issue such quartermaster stores to the ex, dition engaged in the exploration of the river Coie rado, under the direction of Professor Powell, as may be necessary to enable the commission to prove- cute its work, which was referred to the Comuinittee on Naval Affairs, SECKETARY STANTON CALLED UPON MATION. Mr. Epurnos, (rep.) of Vt., offered a resolution asking the Secretary of War to inform the Senate what was thep ractice in respect to the settlement of mublic accounts and the issue of requisitions th for by the Secr ae of War upon the Treasury prior to the Dassage of the late act respecting the prompt settlement of public accounts, and whether any fects exist under the present law in that respect, INDEMNITY. Mr. FesseNxven, (rep.) of Me., called up the joint resolution to anthorize the Secretary of State to ad- 5 certain claims and direct the payment thereof, t directs the payment out of the indemnity received from the Japanese government of a certain amount for the damages sustained by the steamer Monitor at the hands of the Japanese forts. Some discusssion ensued, some Senators holding that the owners of other vessels had equally merito- rious claims, bat the resviution passed without amendment, FOR INFOR+ REFUNDING DUTIPS. Mr. SHERMAN, (rep) of Ohio, called up the bill to refund the duties paid under protest in 1867 on the bell imported from France and donated for the use of St. Mary’s Institute and Notre Dare University at In- diana. “After a half-hourts discussion on the princi- le involved, several penne the establistment of the ny oppese, 9 the bill was passed. The Crain then stated thot the special order was to be the resolution to admit to @ seat on the door orter of the Associated Press, By the consent of Mr. Anthony, and at the sngges. tion of Mr. MoRniLt. (rep.) of Me., the resolution was temporarily laid aside, and THE NAVAL APPROPRIATION BILL was taken up, The question was On the amend- ment providing for the enlistment of 1,260 appren- tices and boys, exclusive of the 8,500 able seamen now authorized. Mr. CONKLING, (rep.) of N. Y., said that he had made an investigation since the subject was last un- der consideration, and had ascertained that Instead of 8,500 men, as it was claimed by the chairman of the committee there had been in the navy be- there were in 1850 7,600 and in 1800 7,60, It had been impossible to ot at What the number of boys had been; but he had M assured that it had not been as large as stated. He advocated restricting the number as provided originally in the biil—that the 8,600 be made to in- ntices and boys. of rowel cucu from the act of ing the Bec: of the Navy t_aince the there had been no limit to dict the alatcinent fequantly taude by tose present wl t frequen’ 08e ni ing petitions for Bae ofthe, navy, that the 103 vessels, In that number they dismantled hulks, ac. He ex) tice before dis- tlon providin oy — tn i re ie was for intended to fuclude’ ys. He that it was are us many men now as before the war? Mr. ConKLING replied that the present number Is 11,360 seamen, and proceeded to ie that the number before the war having been 7,600, the pro- pee oe bap genre) 8,500 will eave, = ample force, e time enol meet eme! ies when they arise, on se toa Mr. MonniLL, of Me., sald the committes had ad- hered to the stantiard provided by law of 8,500 effective men, and the boys in addition. Then they would have provided for the number of apprentices authorized by law. Mr. EoMuNbs advocated going back to the standard of 1960, witich, he argued, was 8,500, Including boys and apprentices, Mr, Grimes explained that the service required more men, because of the more general in'roduction of steam vessels and the necessary employment of engineers, coal heavers, &c. me discussion followed between Messrs. Grimes, Edmunds and Conness ag to Whether an increase was thereby rendered necessary. Mr. Grimes held that the amendment of the cont- mittee simply increased the number of the force of the navy five hundred and ninety-#ix under the Ap- prentice law. ‘The amendment of the committee was agreed to. Mr. CONKLING moved to amend by making the number, exclusive of apprentices and boys, seven thousand tive hundred instead of eight thousand five hundred, Mr. SHERMAN was of opinion that men thus em- ployed added as much to the effectiveness of the ser- vice ag an equal number added to sailing vessels, He was in favor of testing the practicability of re- ducing the navy, If seven thousand six hundred maintained the honor of the navy before the war eight thousand five hundred should be enough now. ir. CORBETT, (rep.) of Oregon, took the same view. Mr. GrimFs pointed out that our extended com- merce required more effectiveness in the navy. After further discussion the amendment of Mr. Conkling was agreed to—23 to 20. On motion of Mr. MORRILL, of Me., an amendment allowing three instead of two watchmen at the Naval Observatory, and one increasing from $32,000 to $60,009 the Sppronaadion for By of civil establish. ment under the Bureau of Medicine and Surgery at ‘the several navy hospitals and yards were serpy Mr. SHERMAN offered the following as.an additional ‘That all unexpended balances existing on the Ist of July next, under any of these several heads of appropriations pro- vided for in this act, shall be carried to the surplus fund, un- Joga the same in necessary to pay expenditures made during the fincal year, or unless the same is necessary to execute con- tracts mado befgre said date. 4 Mr. Conness, (rep.) of Cal., opposed the amend- ment, saying he had been informed by the Secretary of War that with this provision in the Army Appro- priation bfl it would be impossible to carry ou that department, » SHERMAN had heard that bugaboo before, ‘There was not the slightest weight in it. Me consid- ered it necessary that Congress should retain con- trol over these balances, so that no money can be drawn from the Treasury unless in pursuance of law; and he thought it unwise to leave such a discretion in the hands of the head of any department, the provision noi commencing until the 1st of July next, when the next annual appropriation comes in. He inted out that they could commence with a new lance sheet, Mr, TRUMBULL was in favor of the proposition, ‘but thought it should be provided in a separate bill. Mr. FesskNDEN had not sufficient information to warrant him in voting for the amendment, while he Was perfectly willing that the large war balances shall be carried tnto the Treasury; but he said that expenditures made for a year cannot be expended within that year; that contracts would be made or debts incurred which could not be seen, and there- fore the amendment would be of no practical value, He thonght it would be unsafe without consultation with the hearls of the departinents. Mr. Grimes vead aletter received by him from the Seoretary of the Navy, ¢: great confusion In the ace would resnit from such a employment of more clerks aud that tronble would be e ment of men returning from Mr. SHBRMAN replied that the accounts in such egses were carried forward from year tw year, and thonght no trouble would come from that source, More debate foliowed, whereupon the amendment ‘was agreed to, ‘ Mr: SHERMAN offered another amendinent direct. ing the Secretary of the Treasury, in his next annual report, to state all the balances of appropriations made during the present session for each branch of the public service and remaining uncxpeaded on the ist of July next, showing also the amounts neces- By execute contracts or pay expenditures on ch of auch balances, Adopied, ‘The bill then passed in Committee of the Whole, and, being before the Senate, Mr. Hows, (rep.) of Wis., asked a separate vote on the amendment in- creasing the appropriation for the civil establish- pov a hospitals, which, after discussion, was ed to. Mr, DRAKB, (rep.) of Mo., asked a separate vote on Mr. Conkling’s amendment reducing the nuoiber of seamen from 8,500 to 7,500, Mr. Henpnicks, (dem.) of Ind., asked upon what information this change had been made, and con- demned such legisiation in the face of the unani- mous opinion of the Naval Committee. Mr. CONKLING said the House having passed a bill which cut down the men in the navy 260 below the number at which they are fixed in the bill, now, he thought, in view of the facts shown in regard to the number before the war, &c., and which he again re- counted, that they had hot acted upon insudicient ine formation, After farther debate, without action on the amond- ment, on motion of Mr. RAMSEY, at five o'clock the Senate aljourned, provision, as well as Auditor's ofc in the pay: UMITED STATES SUPREME COURT. Hhopertant Decision in the Case of Mrs. Gaines Against the City of New Orleans=Mrs, Gaines Successful. WaAshIncton, April 6, 1868, In the Supreme Court of the United States to-day Associate Justice Davis delivered the opinion in the case of Mrs. Gaines, the daughter of Daniel Clarke, against the elty of New Orleans. He said that all the material points in the case had been decided in Gaines against Hennon, but as it had recently been argued the court had taken up the whole subject and reviewed it on its merits both as to the law and the facts. Ife then proceeded to examine, first, the question of the legitimacy of Mrs nes and the facts on the record concerning it; and, second, the marriage of Zulima Carriere with Daniel Clarke, and came to a conclusion 1 favor of Mrs. Gaines on these points. He next considered the other question of law and fact, incinding the alleged copartnership between Clarke, Chew and Relfe; the alleged insolvency of Clarke; the alleged validity of sales by Chew and Relfe, as executors of Clarke; the objection of prescription and of all other technical objections, and decided each one in favor of Mrs. Gaines. The court expressly said that it con- sidered this decision as a conclusive and final dispo- sition of the whole matter. The will of Dantel Clarke, as probated in the proper court of Louisiana, was binding in the Supreme Court. If there was any objection to that act of the probate conrt it should have been made at the proper time by proceedings before the same court in Lousiana, which not hay- ing been made the decision is presumed to be free from any good cause of objection there as it neces- sarily is in the Supreme Court of the United States. The suit in the present case was for property dis- posed of by the executors of Daniel Clarke ander pretended authority of the previous will of 1811, which the court decided to be a nullity, and sald the purchasers must take the consequences, This case was argued by General Cashing for Mrs. Gaines, and by Miles ‘Taylor and M. McConnell for the city wf New Orleans. Two other cases involving the samo principles were also decided to-day in favor of Mrs. Gaines. The matter has been in controversy thirty years. Asso- ciate Justice Davis expressed the opinion of himself, Chief Justice Chase and Associate Justices Nelson, Cilfford and Field, It was dissented trom by Asso- ciate Justices Brien, Swain and Miller, Application for Relicf. In the Supreme Court to-day, near the conclusion of the proceedings, General W. G. M. Davis read a petition from Hamilton Martin and William B. Gill, stating that they are heid in prison in the State of Florida, confined in damp and unbealthy quarters, and that thereby their health has been impaired. ‘They pray that their condition may be paltiated by this court; that there may be a revision of the proceedings of the court below; that for want of pecuniary means they have not until now been able to procure counsel in their case, &c.; that in view of these and other facts they pray a writ of Habeas corpus may be granted, and that the court will direct the competent jurisdiction to bring the petitioners at a day certain, during the present term, before the court, in order that the cause of thetr im- prisonment may be shown, and that a writ of certiv- rari may be sent to the Circuit Court so that a Ly be 1 of the full ings in the case may be dt may be heard by counsel and de- livered risonment. ra stating all the facta to the beat of his Knowledge anv aving been Informed that this court had announced its de- termination to adjourn to-day until the next term. That would be a long time for a neat ofthe present term having teem, transacted aad vi aud the time of adjournment fixed General Davis replied he had not found anywhere an instance where a writ of habeas cot had been granted that there was @ waiting five or six months from the time the writ was granted for its Associate Justice Nelson reminded the oan that this court did not sit the whole could make the application at this time, court said it would e the writ returnable the first day of the nae yeralf Davis asked the ether it could nel the court wh it take procsenings to ameliorate the condition of the peu joners in prison, The court sald that was for e Marshal. Mr. Ashen, om behalf of the United States, and at the request of the Acting Attorney General, suggest- ed it was not a question of jurisdiction for this court to issue a writ of habeas corpus after an in- dictment had been found, asin this case, The pre- cedents show that all the writs of habeas corpus issued by this court were before ihe indictment of the parties. The question was to be decided on de- murrer to the indictment in the Circuit Court orin the arrest of jadgment after conviction. ee) The Court sald tt did not want to hear argument, and then granted a writ of habeas corpus and of certiorarl, returnable on the. first day of the next term, and an order that meantime all proceedings be stayed. The petitioners in this case were indicted in afederal court for the murder of a freedinan, they hold that the State court alone can take juris diction of the subject, Cotton Cases Decided. The Supreme Court this morning affirmed the decrees of the District Court of the United States for the Southern district of Mlinots in the cases of the claims of Le More & Co., Wittenburg & Doyle and Griet! & Zunts for 935 bales of cotton captured by Porter's fleet on the Wochita river, Louistana, in April, 1864, and dismissed all the claims, ‘The opinion of the court was read by Mr. Justice Swayne, who based the decision of the court exclusively on the Non-intercourse act of July 13, 1861, The court says prohibition was the rule and licenae the excep. tion, and that military permits were void. Decisions. The following opinions were rendered in the United States Supreme Court to-day, after which the court adjourned until the first Monday in December next:— No. 149, White vs. Cameron—Judgment afirmed. Opinion by Mr. Justice Field. No. 100, Stark et al. va. Starr—Judgment reversed, Option. by Mr. Justice Field. 0. 104, Crawford ys. Addison—Judgment reversed, Opinion by Mr. Justice Field. No. 99. Abbott et al. vs. DuBois—Judgment amrm- ed. Opinion by Mr. Justice Clifford, No. 86, Williamson vs. Suydam—Judgment affirm- ed. Opinion by Mr. Justice Clifford, No, 82. Gaines va. City of New Orleans—Judgment reversed. Opinton by Mr, Justice Davis—Justices Swayne, Miller and Grier dissenting. No. 115, United States vs. Gillen, executor, &c.— Judgment reversed. Opinion by Mr. Justice Clifford. No. 116, Clark va. United Statea—Judgment re- versed. Opinion by Mr. Justice Mflier. Nos. 8 and 82, Galnes vs. De La Croix and Same vs. Lizardi—Judgments reversed. Opinions by Mr. Jus- tice Davis. No. 110, Hanger vs. Abbott et al.—Judgment af- firmed. Opinion by Mr. Justice Clitfora, No. 119, Gilbert et al. vs. United States—Judgment aMrmed. Opinion by Mr. Justice Miller. No, 24. Atha Insurance Company ys. Stoddard— Judgment affirmed, Opinion by Justice Miller, Nos. 107, 112 and 246, Le More vs. United States, Wittenburg vs. United States and Grief vs. United States—Cotton cases, Decrees afirmed., Opinion by Mr. Justice Swayne. No, 142. Avery & Co. vs. Smith—Judgment af- firmed. Opinion by Mr. Justice Miller, No. 93. United States ex rel. Moses vs. City Council of Keokuk—Judgment reserved. Opinion by Mr. Justice Clifford. No. 93. United States ex rel. Thompson vs, Same— Same judgment. Opinion by Mr, Justice Ciliford. No, 114, United States vs. Olive—Judgment re- versed, Opinion by Mr, Justice Nelson, No. 118, Walkley vs. Mayor &c., of Muscatine— Judgment afirmed. Opinion by Mr. Justice Nelson. No. 128. Smith vs. Cockrill—Judgment aflirmed. Opinion by Mr. Juatice Neb No, 129, Steamship James Bat ile vs. United States— Judgment aftirmed., Opinion by Mr. Justice Nelson. No. 173, Chieago Railroad Company vs. Bour— atirmed. Opinion by Mr. Justice Nelson. fordon et al. vs. Cuited Stat Judgment Opinion by Mr. Justice ‘ler. 34. Ordered to be reinstated on payment of costs. No. 186, Dismissed with costs, Nos. 149 and 187, Continued. No. 66, Dismissed, each party paying his own costs per stip. tation, THE PUBLIC DEBT. « The April Statement Compared with That of the Corresponding Month of Last Year and with the Mattéh Statement of 1868. The following statement of the public debt on the lst of April has just been issued from the Treasury Department. We compare the figures with the statement made at the corresponding tue last year:— DEBT BRARING COIN INTEREST. April, 1867, April 1, 1868. Five per cent bonds..... $198,001,350 — $214,464,450 Six per cent b'ds, 167, 63 15, 482,641 8, 1 Six per cent bonds of 81 283,745,890 283,677,150 Six per cent 5-20 bonds. 39,562,000 — 1,424,405,600 Navy pension fuud...... 13, 18,000,000 ‘Total bearing coin Int.$1,499,381,501 $1,044,440,841 DEBT BEARING CURRENCY INTERE © Six per cent bonds...... $12,922,000 $23,582,000 ‘Three per cent certific’tes —_ 26,290,000 ‘Three year com. in. notes 46,010,580 ‘Three year 7.00 notes.... 155,884,100 ‘Total bearing cur’cy in. $251,706,630 Matured, not paid, $9,036,383, DEBT BEARING NO INTEREST. United States notes. $375,417,249 Fractional currency..... 29,217,495 Gold certificates... . 12,590,600 58,144,727 88,089 17,742,060 $406,475,476 Total bearing no int..; $417,225,344 RECAPITULATIO Debt bearing coin Int Debt bearing cur’ey int. Debt bearing no interest, Matured debt not pal Total debt.. $2, 641,719,992 $99,279,617 23,230,027 $122,509,645 2,619,209,687 Total in Treasury..... Debt leas cash in Treas’y. $2, 523,428,070 Decrease of the national debt since April 1, 1867.. VARIATIONS FROM LAs ase. 40,250 $4,218,983 Re Decrease, Ine Debt hearing coin Inter’t $440,0 Debt bearing currency tn Debt bearing no interest, . a Matured debt not paid.. “a ‘The following table pares the April statement of the publle debt with the previous one, madeon the DERBY BEARING COIN INTERESS, Maren 1, 1863, April 1, 1963. ont bonds... 2 1 ns, "67, 68, 9,578, 259,676,600 nde of SL 283,677,150 20 bonds. 1,407,321,800 — 1,424,405,000 Navy peus.ion fund....++ 15,000, 000 13,000,000 ‘Total bearing coin int. $1,926,160,901 $1,044, 440,841 DEBT BEARING CURRENCY INTEREST, Six per cent bonds. 2,479,000 $23,582,000 "Three recom, in, no! 46,214,780 46,010,530 ‘Three Year 7-30 notes. 202,051,100 185,884,100 ‘Three per cent certifica’s —_ 24,585,000 20,290; TotaLbearing cnr. In.. $297,250,880 $281,766, 600 Matured, not paid....... $10,690,153 $9,038,353 DENT BEARING NO INTEREST, United States notes $956,157,747 $954.1 Fractional curr 82,907,047 92,598,699 Gotd certil soe 25,009, 17,742,060 ‘Total bearing no int... $414,105,054 — §400,475,476 RRCAPITULATION. Debt bearing coin in 1,926, 160,901 Debt bearing cur'ey 1 297,250,880 Debt bearing no 414, 165,054 $1,944, 410,481 281, 768,690 400,475,476 9,036,383 Matured debt not 10,630,163 Total debt oo + $2,648,207,079 AMOUNT IN TREASURY, + $106,623,375 $90,279,617 + 21,754,082 23,200,027 ‘Total in Treasnry..... 128,977,407 8 Debt less cash in Trea’y.$2.619,820,622 $2,619,200, 087 Decrease Of the national debt since Mareh 1, 1863, sees ‘ $619,995 VARIATIONS FROM LAST MONTH. Increase. Decrease. Devt bearing coinint.... $14,279,850 Debt bearing curtey int.. oe . Debt hee gtr. J no interest. - 7,689,575 Matured debt not patt.. ~ 1,998,770 The debt of the United States, less cash in the Treasury, Was a8 annexed at the undermentioned dates: March 4, 1661... $66,180,855 May 1, 1867 duly 1, 1861 Dec. 1, 1867. . 2,501,205, 751 561,910,006. Jan. 1, 1868. . 2,608,126, 050 648,826,172 Feb. 1, 1868, .2,527,915,973 » 1, 1867. .2,643,349,748 March 1, 1868. 2,619, 920,622 1, 1867,2,690, 769,889 April 1, 1868, 2,519, 200,497 1808, . 2,623,428, 070 3 THE STATE CAPITAL. Democratic and Republican Caucus Nomina- tions for Superintendent of Public Instruc- tion. ALBANY, April 6, 1868. The democratic members of the Legislature met in caucus in the Assembly chamber to-night for the purpose of nominating & for Superin- tendent of Public Instruction, John C. Jacobs was chosen chairman, and W. Armetrong secretary, An informal ballo? was held with the following result:—Abram B. Weaver, 42; George R. Perkins, 9; Darius A. Ogden, 6; Jacob 8, Tweed, 1: ©. R. Boughton, 4. The nomination of Abram B. Weaver was made unanimous, and the caucus ad- journed, At the republican legislative caucus held this evening to nominate a candidate for Superintendent of Public Instruction, Mrs W. J. Humphrey presided, and Mr. H. F. Tarbox acted as secretary. Victor M. Rice was unanimously nominated and the cauens adjourned, NEW YORK LEGISLATURE. SENATE. ALBANY, April 6, 1868, VETO OF THE APPROPRIATION BILL TO WHITEDALL AND PLATTSBURG RAILROAD. At the opening of the Senate to-night a measaze was received from Governor Fenton ve*oing the bill appropriating $250,000 in aid of the Whitehall and Plattsburg Railroad. The Governor says:— It is apparent that there is no immediate use for the funds provided for in this bill, and it may well be sappeaed, th from the coudition of the work and the terme of the present bill, that an appropriation if expedient at any time would be in ample season at, the next meeting of the Legislature. It may be observed that an evil of this kind of legis- lation is that its facility tends invite and encourage renewed applications when commen- surate appeals would enlist private capital. It will be seen also that every district of the State puts in a claim for atd from the pubiic treasury, and with the same arguments and apparent earnestness. For example, at the present session there are before one or the other Houses of the Legislature, in more or less advanced stages, bills for the Albany and Sus- Reece Railroad, granting $250,000; for the Buf- joand Washington Railroad, granting $250,000 ; Dunkirk and Warren Railroad, granting $300,000 ; Southern Central Railroad, granting $150,000 ; New, York Northern Railroad, granting $600,000 ; Rondout and Oswego Railroad, granting &! 10,000 5 Utica and Black River Railroad, granting $5,000, say for forty miles, $200,000; Midland Railroad $5,000, say for thir- ty-five mies, $175,000; Buffalo, Corry ahd Pittsburg ilroad, $200,000. The vast sums given by these appropriations to such objects might well excite ‘ave attention and uneasiness in periods of entire reedom from debt and great prosperity; but in our present condition it cannot fall to create profound distrust and alarm. I have observed with much concern the aggregates involved in the va- rious propositions referred to. It must have come to the attention of all that during the past year the people have been more restive under the burden of taxation than at any previous period since the close of the war. Business has been unsettled, trade has been depressed, industry par- tially paralyzed and values have become more trre- gular and less reliable, profits have diminished, and until the great financial questions are firmly decided and a permanent policy established the horoscope of the fature cannot be surely and con- fidently cast. This condition, which the repeated lessons of history and our own past experience as a people might have taught us to ex would mark he period immediatety following a great war duty, and prudence alike demands that it shall not be disregarded. A contmued large debt is dangerous to our social and repubiican Institu- tions, Our best care, therefore, siould be to ascertain how the volume of debt can diminished and = guard against its extensto: how the pressure of taxation can be reduced an retrenchment made more rigid and systematic. These questions come home to every household. It seems to me that it is our plain duty to go no further in expenditure than is required for the economical administration of government and the protection of those interests which are inseparably connected with the general welfare and security. The public works of the State must be maintained at all times, and but few will be found to oppose moderate aid to merito- rions corporate enterprises when the public condition vill permif. Tent ina firm conviction that if the comld be submit to yple the views | have advanced as touching the case before us would meet very general approval. ‘Trastitig that they will receive the concurrence of the Legisinture, T reapectfutly return the bill for your further consideration. KR. E. FENTON. ‘The meseage was tabied on motion of Mr. Hall, and the Senaie adjourned, ASSEMBLY. ALBANY, BILLS ADVANCED TO A THIRD KEADING. Appropriating $250,000 to aid in t construction of the Rondout and Oswego Railroad, when said company shall have expended $2,090,000; appropri- ating $12,000 per mile for the first fifty mfles of the New York and Northern Railroad, constructed and running vorth from Schenectady throngh the Wilde 88; to facilitate the construction of the Utica an Chenango Valley Railroad; granting State ald to ie Midland Railroad, appropriating $5,000 the route between Sidney Plains, Delawal and the southern boundary line of Sullivan count to provide for laying pneumatic tubes under U North an it rivers for the trausin's-ion of let pri 6, 1868, railroads In Newburg city; for the of the war of 1812; incorporating the Oswego bi of Trade; to reduce the fare on the Sixth a railroad to five cents for any distance trayell incorporate the Chelsea Savings Baik, New ¥ relative to cleaning and improvmg the sireet New York, and concerning the deposits of the cuy funds; to provide for the construction A miata. tenance of certain piers in New York from Thirteen. street to Hammond street, on the North river, at t+ I; to kr foot of each and every street; to jucurporate the Ursuline Convent of Morrisania. Adjourned. Court of Appenls. , April 6, 1868, Pe following is the day ¢ Nos. 153, 1M, 10, 129, 130, 139)g, 140, 141, 141) 6, 2, 1S WMG, LAT. AUTA VELA AND MIR, SEWARD, New York, April 4, 1868, To Tue Eprror or THR Herat :— My attention has been drawn to a le(ter of Judge Diack, addressed to General Garfleid, published in your paper, on te subject of a certain guano island, Alta Vela; and without stopping to notice.some of the inaccuracies in Judge Black's statements I want, in justice to Mr. Seward, to correct one, namely, that there was an implied promise of protection to me upon certain conditions being fuldiled—permis- sion of St. Domingo, &e., &c. TL saw noth of the kind in Mr. Seward’s letter; but, on the contrary, a mtia bat in the Qwhone fi Inever ad- dressed Mr, Seward again on the subject, feel- ing that I had my answer, and any letters to him on the subject, referring to his letier to ine, or claiming any such inference as Judge Black accredits to me, making it necessary for Mr. Seward to refer to his first letter “as a warning to all persons that they would deal with the subject at their peril,’’ were written by other parties unknown to and quite without my sanction for using said létter, [ ander- stood Mr. ward's position perfectiy and acted ac- cordingly hy letting the matter drop so far as our overnment Was concerned; and afier vainly trying for many months to get the representative of St. muingo to ti the matter before his government fave the whole matter up, and very shortly after earned, to my great surprise, that (hat government had given the right to some of their own people to work the gino. [could say more on the subject, but farther than this will not trespass; bat In justice to Mr, leas. ward and my own position | cannot say HENRY G, ROOT. WEW JERSEY. Hoboken, A Woman Commits Svrcipe.—Yesterday morning a woman named Elizabeth Rott was found dead in her bedroom at Lievre’s Hotel, corner of Third and River streets. On examination it was found thas she had taken an overdose of opium, which she was in the habit of using for the benefit of her health. Ta the bedroom was found a@ letter, addressed to the Austrian Consul at New York, committing to him all her property, to be transmitted to her friends in Aus tria. The Aastrian Consal gave the remains in charge of Mr. Parslow, and Coroner White will hold an inquest to-day, In the letter deceased wrote just before her death she stated that sie was tired of this life and longed eagerly to enjoy rest in another sphere. A New Doper ror Burotans,—About elght o'clock Jaat evening a servant girl at the house $24 Bloom- field street heard @ noise in one of the bedrooms, and going in made a search but found no person there, A more thorough search was then made by the inmates of the house, when a burly, morose look- ing feliow, about 28 years old, was found crouchin between te mattrasées of the bed. He was hau! ont and given in charge to OMcer Bekel, to whom he offered a desperate resistance, but received such a stinging biow from the club that he was reduced to submission He og his namo as Henry Motler, and it ia supposed that he is a menber of a . Who have adopted this nove! plan of earry. it their Operations.