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

IMPEACHMENT, Trial of President Andrew Johnson for High Crimes and Misdemeanors. CLOSE OF MR. BINGHAM’S ARGUMENT, Proposition to Adjourn Until Saturday Voted Down. ‘Deliberation on Previous Orders in Secret Session. A Mubbub Among the Carpet Baggers aud the Radicate—Close of the Argument on Both Sidee—The Reported Defection of Fessenden. WASHINGTON, May 6, 1868, The beginning of the endis athand. The evidence and the mile after mile of speeches are all in at last, aad the immortal Managera have filed or finished their finest efforts for posterity. Mr. Bingham con- tinued his address and perpetrated some remarkably florid and highly polished sentences, not exactly original, but just as good in being the gathered wis- dom of a thou‘aid years. His peroration was in- tended exclusively for the Senators, with the object of banishing from the minds of the doubtful all maudiir sentiments about @ conscientious verdict and force a verdict by a vigorous application of denunciatory rhetoric. This Chinese method of inspiring terror availed very littie with any of those Sepators who are classed among the famous doubtful seven, for as general thing they listened to the Manager’s decla- mation with looks expressive of a desire to see him resume his seat as soon as possible, + The galleries were very full, more so, in fact, than ever they were before. A good many were awkward looking country cousins who had made a sudden rush to Washington to see the show be ‘ore it closed forever. When Bingham ceased a sudden burst of applause came from the men’s gallery, originating in one corner where a number of carpet baggers from the South were congregated and spreading across to the opposite corner till it became somewhat general over one-haif of the chamber. It consisted in a clapping of hands, lasting fur a period of about two minutes, It was by no nieans the sense of the whole audience, though it might easily have been, considering the fact that hardly any but republicans get the neces- sary tickets of admission. Chief Justice Chase, when the applause was over, ordered the Sergeant-at-Arms to clear the galleries, whereupon Senator Grimes at once rose up and said he hoped the order would be immediately enforced. Thea the carpet baggers in the corner, a seedy and hungry looking set, started a partial effort at renewed applause as bidding deil- ance to the Chief Justice, and niingling hisses with their other demonstrations. Senators Trumbull and Fessenden, evidently irr tated at this fagrant partisan ebullition of feeling in a tribunal of such serious and solemn import, took up and urged the enforcement of the order of the Chief Justice for the immediate clearing of the galleries. Mr. Cameron wanted the order revoked and the ga!leries left undisturbed, but the Chicf Justice, with the firmness that has marked him since he first came to preside over the trial, directed the execution of the order without modification; and then followed a scene of confusion in the galleries which the Sen- ave seldom before witnessed. One half the audience failed to comprehend the order and kept thelr places, while tne other half were either standing Up or going out casting longing, lingering looks be- hind. Senator Sherman suggested the propricty of the order being addressed to the multitude of specta- tors, 80 that they might properly understand it. The Chief Justice accepted the suggestion and told the ‘gudlence (6 ifive, whereupon everyone except the occupants of the diplomatic aud ra’ galleries stood up and moved toward the doors. But still here and there several ladi re yelled by natural curiosity to witness t scene in the pro- ceedings. The police, however, soon disposed of the loiterers, and in @ very brief time the vast assemblage )ad disappeared. Then arose the question "a3 fo whft Wad 10 be done with the diplomats and newspaper scribes? “Clear them all out,” rudely proposed Mr. Cameron, who was determined, as the otter had been put in force, that it should be made ‘to apply to all. Itwas put to a vote and carried, and both diplomacy and journaliem were left with- out a representative tn the Setiate chamber. The capet baggers who came here from the South yelling for impeachment, and who were the immediate cause of thia unusual proceeding, went home to their cheap boarding houses, congratulating themselves no doubt on having at last insulted the dig- nity of the Chief Justice. Many persons lin- gered in the corridors while the Senate remained in secret session, and when the doors were again de- clared open @ perfect rush was made to secure seats, as though something of tremendous moment was ex- pécted to transpire. The Senate, however, had just declared a recess, and when that expired, on motion of Mr. Hendricks, the Senate resolved tb close its doors again for the consideration of business, The audience, of course, departed, and the Senate shut itself up for over an hour discussing the resolutions offered last week by Seuator Edmands, and also the resolutions of Senator Sumner. Mr. Edmunds’—to admit the oficial reporter to the private delibera- tons of the court—was tab'ed, and no action was taken on any other. The Senate then adjourned till te lnorrow. The statements in relation to the written opinion prepared by Senator Fessenden In opposiiton to the first three of the impeacimeat articles, the consid- eration of all of which has been terminated, still oocasions a diversity of views as to the effect which such action will have upon the conviction or acquitial of the President. It ts quite evident that the action of the Senator from Maine has fatien like a hot shot ainid a mass of highly combustibie ma- terial, Yesterday morning it is known that several Senators calied upon Fessenden, and again attempted by every art of logic and rhetoric to dissuade him from the post- tion it is understood he has assumed, All the persuasive ability these Senators could comman4, tt ia stated, was of no avail. One of the number in conversation, when it was suggested that he should endeavor to bring Fessendea within bounds, re- marked, “Have I not tried to do that thing, and all to no purpose? It is no use trying to con- vince him; he is as stubvorn as @ mule," This seems to be the prevailing opinion with & number of Senators, that no outside in- fluence will have any eifect against Mr. Feasenden's convictions of justice. These facts have had a per- ceptibly depressing effect upon the expectations of the radicals, and has created a wide division of sentiment. It ts openly declared by some of the friends of conviction that Mr. Fessenden’s action will settle the question one Way or the other, It is aggerted that if Fessenden goes against conviction the radical game is broken up beyond doubt, as he will be able to take with him enough Senators to insure§ the acquittal of the President, Though some of the radicais take this view, another clase, when they come to fingering over those whom they have set down as doubt(ul, declare that not more than five, including Mr. Fessenden, can be counted upon, Considerable satisfaction is derived from this species of reasoning, and not without re- viving some signs of encourazement in the breasts of the demoralized of the party. One radical Senator was heard to say he did not think republicans were go oblivious of their own future as to vote to confirm Andrew Johnson in all that he has done while in possession of the execu- tive office by retaining him in the fall use of all the powers by which, as it is charged, he bas well nigh rained the country: Another class argne pathetically about the constitution, the laws, the permaneiat and exacting nature of both, to be changed only with due formality prescribed, and depict in terrific terins the dire consequences of going beyond the powers of the constitution; and thie fet bluster about browbeating or attempting to browbeas those who are less enthugjastic and are NEW YORK HERALD, THURSDAY, MAY 7, 1868.—TRIPLE SHEET. therefore set down as “going the other way.” De- spatches andi etters are pouring in from all quarters ‘upon the doubtful to urge the necessity, for the sake of party, of @ full vote for conviction. But these documents find thei way out of sight, to be forgotten or disregarded, ‘The Board of Managers of the House of Repre- sentatives, who have borne the brunt of the effort to make out a strong case, evince a division of opinion as to the effect of the revelations of the past few days. Some decline to believe that there is anything more in the whole story than a well conceived dodge to get up a counter current and to back up those supposed to have made up their minda that the Jaw and evidence are not suficient to convict. Itis algo mentioned by others of the Board that it may be true that Fessenden has written a statement of his views, but so far as knowing on which side is @ question which they generally doubt. They characterize the whole matter as a balance of ac- count—that ig, the Senator has reduced to writing the principal points of the trial evolved in the testimony and the argument for his own information and to direct his judgment, and, in the language of his oath, “to do impartial justice,” Upon this ground the less credible of the Managers prefer to await the proper time when the solemn verdict isto be given. 1t must be admitted by all hands that the action of Fessenden has stirred quite @ breeze, and one which has had rather a chill- ing effect upon the minds of the radicals. Among those speculators upon chance who hoped to profit by the certainty of conviction, and who have been Most loudiy calling for bets at large odds, are now equally interested in hedging, in hopes of letting down their enthusiasm in a pecuniary point of view as-lightly as possible, PROCEEDINGS OF THE COURT. Thirty-second Day. UNITED STATES SENATE CHAMBER, WASHINGTON, May 6, 1868. ‘The court was opened with the usual formalities and Mr, Bingham at once resumed his argument, beginning with a restatement of his propositions that the acts of 1789 and 1795 have ceased to be Jaws, but maintaining a!so that said acts gave the President no power to fill vacancies in the oMices of the heaa of departments without the consent of the Senate. The act of 1789 permitted him to create @ vacancy in one department, but restricted him to the choice of the chief clerk to fill it. The act of 1795 went further, applying to other departments, but limiting the com- mission to a term of six months, and was thus clearly agrantof power, and that, too, a restricted grant. The act of 1863 abrogates the statutes of 1739 and 1795, and again restricts him in his choice of ad tn- tertm appointees. It thus appears that all the legis- lation on the subject—the entire control of Congress over it—is assumed and illus:raved, Mr. Bingham then cited portions of the Tenure of Office act to show that they superseded the previous acts referred to. He also claimed that the argument of Mr. Curtis asserted that heads of departments appointed by President Lincolm were not within the proviso, and adopting this interpretation he said it followed that they were covered by the body ofthe section. Re proceeded to argue this point at length, maintaining that the Presidential term of four years continued on a President's death or inability, his successor serving out the unexpired portion; otherwise the appomtees of a Vice President would have to vacate their offices one month after the disability of the President should be removed, but the wording of the act is not the term during which they were appointed, but the term of the President by whom they were appointed.” There was no such Intention in the minds of its framers and the act cannot be so construed. He also argued that the proviso had no ive action, and that a re-election did not, for the pt poses of the act, make a new term. Then. com- tting the position of Mr. Groesbeck, that if Mr. Stanton was not protected by the Tenure of Office act the first eight articles must fail‘ he argued that whether Mr. Stanton was affected by it or not the President, in his appointment of General Thomas, had committed impeaciable offences, be- cause all the power of appointment granted lum by the acts of 1739 and 1795 was abrogated by the act of 1867; but, he asked, why were such lengthy argu- ments made in the attempt to prove the unconstitu- tionality of that law if the counsel did not feel ant kuow that Mr. Stanton was protected by it, and thad it ween oo yrs nae Cea near i fen jove and appoin lepartmen's. He - ferences having been held betw Thomas in relation to the bility of suspending the execution of _ schemes until the result of tie trial should be known, and_feferrin; ishguage of Mr. saat athe Nigsewatse vals ret p tied hid pleasure to ablde the judgment as well Mr. Bingham characterized the ident’s intima- tion through his counsel that he did not believe the Senate was duly constituted to sit as court so long as States were unrepresented as a piece of arro- ce, and he (Bingham) would not surprised .f the President to-morrow should issue a military order dissolving the court. In such case their answer would be in the words of Mirabeau, which he proceeded to recite. He then referred to the President's !anguave to Emory a8 @ sug; ‘ion of the Commander-in-Chief to his — sul nate — me — cro by him in a ee ion Ws connection with his declaration’ to Grant, would in any other country have been sufficient to have cost him his head. It was nota charge to be sneered at, as he believed the counsel had done, Mr. el then took up article tenth and ed that the dent's language not only viol , but was the language of sedition. He also claimed that the sedition law, so often referred to as unconstitutional, had never been so pronounced by the courts, I! was necessary in times of danger, and under Mr. Jeffer- son its provisions had been re-enacted so far as to apply to all persons in the military or maval service, which provisions still remain in force, He further clal that seditious utterances by any ex- ecutive officer are indictable under the com- law in the District of Columbia. He ry for irtuous constitutional liberty of — but against a seditious license, which would 8l it ant reach even the dead in thei charges of the eieventh Parson's tele; was introduced, not to prove violation of the Reconstruction act, which was in- a six months subsequently, but in of the allegation tiat ne opposed the the constiiutional amendinent. Reading im he ¢ alu that e dent in referring to ye ‘AS & Ret of individua's used the lan: of a parator sod hoe) an hos ad ne His whole parpose in opposing the amendin to reviv he lost cause.” Eutogising Piet ‘dgomed e beneficent character O the fourteenth articie, he animadvertet on the President in severe terms fur nis opposition to it and said the le had rightly jndved of his intentions. He reminded the Senators that many of the offences charged in the eleventh article were indictable in the ict of Columbia, and also that the averinents were divis- able. Assum ng, thea, tiat he had rade it clear to every Senutor that tie substauce of the averments of all the articies were established on the evidence a:l- daced anion the law comiitied, he claiued that the Ame: ican people would coincide in tact opinion, and went on to consider the chara.ter o. the co.ufessious made in tue ’res dent's answer, which he heid were of themselves suicien: to warrant hscouviction. Referring to his previous arzuments, he insisted that the President's assumption of judicial prerogative was a crime, 1 Violation of tie Gon- sutution, which cailed for his deposition, and that the President by his own confession was guilty of acts Of usurpation, Mr. Bingham then urged the determination of the peopie Lo see that the supre- macy of the constitution was maintataed, and tug an elaborate euioginim On the majestic aud divine cuuracter of law, he proceeded to draw a parallel between James II, aud andrew Jounsoa, aad claimed that as his usurpations were similar, President's punishinent should also be analo- gous and equally severe, Referring to the ryceyt tiiumph of liberty and law in thé sirage gie just ended, he said that he could not believe that its glorious fruits would now be thrown a@way and the principles of our coustitution and of free governiaent denied by countenanciug the assumption by the President of legislative, judicial ant exceutive functious and powers combined, Can it be, Senators, he said, that by your decree you are at iast to make this discrimination between the raler of (he peopie and the private citizen, and allow the President to interpose his private right of my jedicialiy of your constitution and laws? I put away, Senators, the possibility that the Senate of the Unted States, equal in - ity to any tribunal in the world, ts capable of recording auy such decision, even upon the petition and prayer of this accused aud guilty Presi. dent, Can it be that by reasonof his reat oftoe the President is lo be protected in these high crimes and misdemeauors, violative alike of his vata, of the constitution, andthe express letter of your written law? Senavors, | have said, pan more tuan I ought to gay. I lave said, perl more than there Was occasion to say. Lknow { stand in the Sa of men flustrious in our country's history, know that I stuad in the presence of men who for jong years have seen in the nation’s counciis, | know that I stand in the preseace of men who, in some sense, may te called to-day tue living fathers of the rept. bilo, and |aax you, Sen.tors, to consider that I speak before you wis day in behalf of the viviated jaw of a free peoplt, why comiissioned me. Task you tu remember that { speak to-day under the obligation of my oath, Last you to consider, Senators, that I am not insensible to the significance of those words of Which mention was made by the learned fy from New York (Mr. Evarte),—justice, juty, law, Oath, | ask you, nators, to consider that we stand ths day faa Ee the violated Majesty ot bythe graves of haif a million of murdered hero ota Who met their death in bat- te by the cof themselves for their country, % Pt a Sieh Ra A a tee Sane eal eae ee ea ee at an le ie Tey EF ie te ta AEA EEE E EE SS RLS IS SAS SE RS SOR EO AE ies E TR REASONS SES ERE ee ee >) the constitution and the laws, and proved by their sublime example that a cnt ani tae eaten one are above the law, that no man lives for him- self alone but each for all, may die in oder that the State may live, that the citizens live for to-day, while the commonwealth is for all and at Se bean wearer ten oe Sree jo ever seat, can be to shelter crime the peril of the republic. It but remains for me, Senators, to thank oe 0:7 Roomy the anen zon Rave Caso mee Fame attention, and to demand, in the name of the eS eae ee bee ee crimes fe demeauors in office, whereof he stands and of which, before God and men, he is clearly t As he ceased speakit large hd of apec- WO. er ing & number in these man! ns, e cart of the Chief Justice to restore 01 a the Chief Justice directed that the galleries 8] be cleared. Even after the order was given, and in sepesent, defiance of it, m: of the spec- tators continued to clap their hands, while some few indul in hisses. Then Senator Grimes arose and moved that the order ot the Chief Justice to clear the galleries be immediately enforced, Cuter Justice renewed the order to the Ser- it-at-Arma to clear the galleries, but even it Second order the spectators continued to mani- fest their sentiments, the most part by applause and @ very few by hissing. Senator TRUMBULL, amidst the excitement caused by aap i of the rules of the court, and of the t the spectators with laug! Senator Cameron arose, and in spite of repeated snd the Chie Justice, expressed the hope. that ice, eX, e hope that the galleries would not be cleared, He adued that a large of the spectators had a very ditter- eut feeling from that expressed by the clapping of hands, and that it was one of the most extraordiuary cases in our history. Some allowance should be made for the excitement natural to tne occasion. Finaily Senator CAMBRON, on the Chief Justice ruling that he was out of order, his seat. Du all this time there was no indication on the part o1 spectators of any incention on their part. to ol the order directing the galleries to be Senator Connzss, as the simplest mode of getting over the ditticulty, moved that the Senate take a re- cess; but that motion was met with the expression by several Senators:—“Na, no; not unti! tie galleries are cepacia Tue motion, however, was put and rejected, Senator Davis then rose and insisted that the order to have the galleries cleared should be enforced. The Cuter Justicg stated that orders to that ef- fect had been given to the Sergeant-at-Arms, Still no motion was made by any person in the crowded galleries to leave his or her seat. Senator SHERMAN, apparently influenced by the same motive as Senator Conness, asked the Chief Justice whether it was in order to move that the Senate retire for deliberation. If so, he would make that motion. ‘The Cuigr Justice remarked in reply to Senator Sherman that until the order voclear the galeries was enforced the Senate could not, with self-respect, inake any other order, Senaior SHERMAN expressed the opinion that many persons in the galleries did not understand that they were ordered to leave the galleries. The spectators showed themselves not at all dis- posed to take the hint and not one made a movement towards leaving. Finally the Chief Justice informed the persons in the ga leries that the Senate had made an order that the galleries should be cleared, and it was expected hat they would respect the order and leave the galleries. This direct appeal, backed as it was by the ushers police ofiger-, had the effect at least of inducing the eleganuy dressed ladies and their atten- danis to rise from their seats and move towards the door, but taey did so with evident reluctance and discontent. ihe spectators in the diplomatic gal- Jaries were not interfered with while the other gal- Jeries were being cleared, but finally their turn came too, and last of all the eseniatives of the news- Paper press were required to leave the reporters’ waLery, While this c:earimg out process was going on and when all but those in the diplomatic gallery and reporters’ iad left, seuator Anthony moved that the order be suspended. Senator Howakp protested against its suspension. Senator CoNKLING inquired whether the suspen- sion of the order would opeu ail the galleries to those who had been turned ont. Several senators remarked that it would have that effect and Senator Howard continued to protest against the suspension of the order, and the motion ‘was voted down. Senaior MORRILL, of Maine, then submitted the following order:— ‘ Ordered that when the Senate, sitting for the trial of im- peachment, adjourn this day, !t will adjourn to Saturday next, at twelve d’elock. Senator Conness, seeing the reporter of the Asso- perro bn cooly. taking ted of the Lakatos b ol any business jone until the order Tor clenung ie prllazies ee ally vars att, @ reporters, yie. force of circum- staaces, rted, ‘the ‘bénate Chamber in. the soie occupation of the Chief Justice, the Senators, the Managers, the members of the House, the Prex)- dent’s counsel and the oiticers of the Senate. +, While the doors were closed a motion offered by Mr, Moprt1t of Me. to adjourn the court until Satur- oo next, Was lost by @ vote of 22 to 29, as fol- jowa:— YEAs—Senators Anthony, Cattell, Cragin, Dixon, Doolittle, Fessenden, Fowler, Freiin,huysen, Grimes, Henderson, How: ard, Johnson, Mortill of Me., Norton, Patterson of N. H., Pat- terson of T Ross, Saulsbury, ‘Sprague, Trumbull, Van Winkle and 22. Nave, Senators Buckalew, Cameron, Chandler, Conkling, Conness, Co: bett, Davi» Drake, Edmunds, Ferry, Haran, Henurieks, Hows, MoCTeers, Morgan, Motrit of Ws Mor omeroy, Ramsey, Sherm Sw ner, Thayer: Hipton, Vickers: Williams, Wilson and Yates.” In answer to a question by Senator Conkling, the Ohief Justice said it had not been his intention to ex- clude the epg 4 and that he was about to subinit the question to the Senate when the inquiry was = madé, Pending the consideration of the various orders in to the mode of voting and the admission of the reporters during the final deliberations a motion to take a recess prevailed, and at three o'clock the doors were opened to ihe pubiic. It was some twenty minutes before the Senate was again called to order. ‘The Cu1gF Jvsvice stated that he understood the case to be closed on botn sides, that nothing farther was to be submitted. The next business In order was the several pending propositions. Senator HENDRICKS suid he believed the questions now pending be/ore the Senate were to be considered in secret session, but he would move that the Senate by unanimous consent proceed to consider them as if it had retired. The Cuter Justice—The on!y motion in order is that the Senate retire for deliberation or that the doors be closed. Senator FES3ENDEN—I would suggest that the mo- tion be moditied, and that the auwence reure, and that we consider them in secret session. Senator HENDRICKS—I movo that the Senate r tire gs disturbing the audience by unanimous con- seat. ‘The Carre Justice—If there be no objection. Senator HENDRICKS—That we consider this im pub- Ne us if we had retired, 80 that what is said in regard to these ruies shail be said in public. Sevator Conness—That is, that debate shall be allowed. Senator Henpricks—Debate to the extent of ten minuies, ‘The Carer Justice—The Chief Instice thinks it proper tostate to the Senate that tuat reverses its whole order of proceeding, but if there is no objec- tion it can be done, deveral Senators objected. ‘The Carer Justice stated the question to be on the motion of Mr. Hendricks. Sena'or EptvNos moved a3 an amendment that the doors be closed. Senator HeNpricks—If the Senate will allow me, my svie Objcct is to remove the limit of debate. There is no necessity to distur!) the audience or anybody elsey ‘The Crrer Justice interrupted to say that debate ‘was not in order, and put the question on the mo- tion of Mr Edmunds, which was carried, aud at haif- past three o'clock the doors were closed for delivera- on, in secret session the Cnier Justice announced that the first question in order was the following proposition of Senator Edmunds :— Ordered, That the arpuments shall be conclided and when the doors shali be closed for deiberation upon the fi question, the reporters of the Senave sunli take down the Vales upon the Anal question, to be reported In the proce iim Senator WILLIAMS offered an amendment, that no meinber shall speak more than once, nor loager than fifteen minutes, nalOr PRELINGHUYSEN moved to lay the whol’ subjéct on the table, which was agreed to as fol- lows. Yras—Senators Cameron, Cattell, € Corbet, Cragin, Drake, Ferry, Fre. iagiu; rao” Howey Morvan, Morifil ot AM Patter?on of 8! H., Pomeroy, Ramery, I ner, Thayer, Tivtod, Tramball, Williams and — 2%, Wavs—Senatore Anthony, Bayar, Buckalew, Davis, Dixon, Doolittle, Edmunda, Fesseniten, Fowler, Grimes, Hendricks, Johnson, MeCreery, Morrii! ‘of Vix Patcerson of Tenn, Saulsbury, Sprague,’ Van Winkle, Vickers and Willey—2v. The court and Senate at a quarter to five P. M. ad- journed. ndier, Conness, . Harlan, Hen- Irion, Norton, Stewart, Sua WCSTCHESTER INTELLIGENCE. ANOTHER RAILROAD AccipENt.-«A deaf mute by the name of Charles Fries was run over at Fordham yes- terday aiternoon by the three o'clock down New Haven train. ‘The unfortunate man had both his legs cut off and was removed to Bethune Hospital, where he was lingering in great agony last night. Froin the fact of these trains running through the stations at rull speed it wonder that more acci- denis do not occur. This is the third from the same cause Within the past few weeks. Stitt, ANOTHER Drsasrex.—While Mr. Charles Marks was stepping on the eight o'clock down train of the Harlem Railroad yesterday morning the engine backed suddenty, and he was thrown between two ofthe cars, fractaring his ribs and had one arm broken. He was removed to Monazhan’s drug store, ‘where his injuries were attended to for the time, but it is feared he has sustained severe internal injuries. VALUABLE SALE OF RRAL Estats.—On Tuesday afternoon thirteen valnabie lots, situated on the gore of land between thk Boston road and Cortland ave- FW. ony. ‘The lots 000, were fup- PP ame elt A EER 6 SN EN ta See ee i. a WASHINGTON. The Guano Affair Again in the House of Representatives, EXPLANATION OF THAD STEVENS. Report os the Committee Investigat- ing Secretary Forney’s Ac- counts With the Senate. WASHINGTON, May 6, 1368. General Canby Proposes a \Todification of the Test Oath. General Grant sent a letter to the House to-day enclosing @ communication from General Canby, who says that in his judgment some action by Congress will be needed in order to remove one of the most serious impediments that has been raised, which in the execution of the Reconstruction laws has grown out of the enforcement of the provision requiring all appointees of the District Commander to take what is known as the test oath. In the States of North and South Carolina men, active and zealous friends of the Union and of restoration, have been technically debarred by this oath from any official participation in the work of reconstruction, while many others who would have taken the oath have declined to do so from a sensi- tive fear that their motives would be misconstrued, A large number from this class have been chosen to oMice at the recent elections, and the difficulties here- tofore encountered again present themselves in both States in greater magnitude. To continue the dis- abilities which exclude these persons is to de- prive the government still further of the ser- vices of intelligent and well disposed men, whose technical disqualification is their only frult and whose aid is essentially importanc to the speedy or- ganization and successful working of the new State governments. The removal of the disabilities, while it will not jeopardize any interest which it is the policy of the government to conserve and foster, will, in General Canby's judgment, not only meet the approval of a large majority of the people of the two States, but will disarm much of the opposition which the new State governments must expect to encounter and contribute generally to the perma- nent success of the work of reconstruction, Secretary’s Forney’s Accounts with te. The committee appointed under the Seuate reso- lution of April 15 to investigate the accounts of Colonel Forney, Secretary of the Senate, from the date of his election to the present time to-day pre- sented a detailed report, from which it appears that the total sum advanced to him is ¢4,125,714, which is all satisfactorily accounted for by vouchers duly ex- amined by the committee. A portion of these vouch- ers have not yet been passed upon by the Auditor of the Treasury; but the committee report as the result of their investigation that the Sceretary is now a creditor to a small amount, and that no joases have been sustained by the govern- ment through his action, On the contrary, they state that the evidence taken by the committee completely vindicates him from such imputation. In view of the remarks in the Senate at the time of the adop- tion of the resolution of investigation, which were well calculated to provoke serious doubts regarding the disbursement of the Senate contingent fund, they felt it to be their duty to bestow particular attention on the question of an alleged defaication or misuse of that fund in the hands of the Secretary. They state that from the evidence taken it will appear that the actual control and disbursement of the Senate contingent fund is with the financial clerk, who is one of the officers of the Senate, and assigned to that particular duty by the Secretary. He prepares requisitions upon the Treasury, from which all moneys are drawn; has exclusive control of the safe in which they are kept, and makes all disbursements therefrom. The Secretary signs the reyuisitions, but inno case receives or pays out the moneys drawn. It will be seen, therefore, that this financial clerkship is an office of mucn importance, and that the person who fills it should be a man of high integrity and competency. The report states that Samuel Wagner, of Pennsylvania, who filled the oftice of Financial Clerk from April, 1863, until De- cember, 1867, fs undoubtedly responsible for the larger part of the whole deficit of $35,486. He haa exclusive control of the moneys when the deficit oc- curred. He acknowledges a misapplication to his own use of $20,000, and admits that he ts responsible for whatever deficiency existed at the date of his resignation; but his explanations are not entirely satisfactory, as they leave unac- counted for an amount of $12,000, The report speaks of the high reputation of Mr. Wagner pre- vious to the discovery. This $12,000 remains unac- counted for, but there is no evidence which points to any one except the Financia! Clerk as responsible for its loss or abstraction, The Secretary incurs the loss of the amount of the deficiency, and must bear ii, unless he shail be reimbursed by the transfers of property made to him by his subordinate. In any event there can be no loss to the Treasury. The report is signed by the members of the committee, Messrs. Cragin, Drake and Buckalew, A Minor Ring fn the Treasury Department. ‘The Secretary of the Treasury bas been engaged for some time past in tracing ont the methods by which some clerks in the department endeavor to make both ends meet without the help of the extra compensation. A few days ago the investigation re- sulted in the detection of a brace of operators of the character referred to in the ofice of the Fourth Auditor of the Treasury, and the gentlemen were no- tified that their resignations would be acceptat! the Secretary and beneficial to them. The plan on which these sharp practitioners worked was the fol- jowing:—Their duties were in connection with the division which had. the settlement of naval pay- masters’ accounts, Having ascertained from the hooks that a paymaster exhibited a deficiency in his returns, they would give such aymaster an vnotficial friendly notice of his deficiency; after which an outside party would call on the paymaster and arrange for a specified sum to have his accounts properly balanced, which consideration was shared pro rata between the operators. At other times a fictitious deficiency would be reported to @ paymaster, and so ingenlonsly explained that the officer Would be o belteve that he had committed an error in ma¢ hig returns. This pretended deficiency would then be squared up by means of the same plan of nego- tiation before described and the proceeds privately divided, Some onc of the officers of the Auditor's Brean discovered this ring and exposed the little hich resulted in making two vacancies in gain the bureau. One of these gentlemen is said to be @ prominent niember of the Masonic fraternity and the otier is one of the pillars of a fasttonable Methodts’ ehurch ‘of this city. Indian Affairs—The Dacotah Sioux. General C, ©, Campbell, Indian agent for the Da- cotah Sioux, Who has been bere for some time past engaged (n consammating arrangements looking to the further establishment of agricultural pursuits among the Indians of his agency, has left Washing- ton for the Indian country, having completed ar- rangements for supplying the Indians with seeds and proper agricultural implements, and intends having them commence operations at the very earli- est moment possible. The Dacotah Sioux number about twenty-four thousand Indians, one-sixth of them being hostile. Two new places have been selected under the recent treaties as reservations for these tribes—one at the mouth of the White Earth river and the other at the mouth of the Cheyenne, The Medical Convention. ‘The American Medical Convention met this mori- ing at eleven o'clock, and after some preliminary business Professor Gauge, a veterinary surgeon of Prince Albert's College, London, was introdaved and made @ short address. Senator Drake, of Missouri, was also introduced to the convention, and tn a brief speech referred to the warm friendship which ex- isted between his father, Dr, Drake, and Dr. Gross, President of the convention, The Committee on Medical Education made @ repor® which was or- dered to be printed. The delegates will to-night visit the Army Medical Museum on Tenth street, after which they will be entertained by Senator Morgan at his residence, HOUSE OF REPRESENTATIVES. Wasuinaton, May 6, 1808, THE COASY SURVER REPORT, ‘The SPEAKER laid before the House a letter from the Secretary of the Treasury transmitting the Coast Survey Report for 1867. Mr. LAWRENCE, (rep.) of Ohio, offered a vesolution that there be printed 25,000 copies of the report— one thousand to be distributed by the Superintend- ant of the Coast Survey and the remainder by the members of the House, PROPOSED RAILROAD BETWEEN NEW YORK AND Mr. Ki vorNeY presented the memo- ir. KELSEY, (rep.) of N.Y. rial’ of 128 clligens. of Rochester, that a bill be passed by construction of @ railroad ween New Yor Washingion. Algo a memorial of the citizens of the city of New York prayins to pass a law authorizing the construction of an air line railroad from New York city to Washington, THE TENTH ARTICLE OF IMPRACHMENT. The SPEAKER said the pending question was on the consideration of the preamble and resolutions sub- mitted yesterday by Mr. Cary, and on which the yeas an nape had ‘been ordered, but as the would consumed in taking them, and as the Honse was now about to proceed to the bar of the Senate, action on that subject would be postponed until their return. SPEECHMAKING. Mr. WASHBURNE, (rep.) of Ill, sald that after the House shall have disposed of Mr. Carey's propost. tion he would move to Ca into Committee Whole on the State of the Union to enable the gentle- men to make speeches, MR, STEVENS AND ALTA VELA. Mr. STEVENS, (rep.) of Pa., wished to say that after the House should return from the Senate he proposed to make a personal explanation as to the Alta Vela affair, which he was prevented from doing on Frida oe laying of the resolution on that subject on the le, The members of the Honse then proceeded to the bar of the Senate. THE ORDER OF BUSINESS. After the members returned from the Senate, at a quarter to four o’clock, Mr. WASHBURNE, of IIL, inquired whether it was in order to make a report from the chairman of the committee? The SPEAKER caused to be read the rule adopted on the 20th of March, substantially as follows:— Mr. Boutwell, from the impeachment Managers, reported a resolution that'on the days when the Senate shall sit for the trial of the President the House, in Committee of the Whole, will attend with the Managers at the bar of the Sen- ate at the hour named for the proceed! The SPEAKER said that the Senate, having gone into secret session for deliberation, it was impossible for the House and Managers to remain. Therefore they had to return to the House and await an invita- Uon to return thither, ae ELDRIDGE, (dem.) of Wis., rose to a question of order. ‘The SPEAKER asked whether he appealed ? Mr. ELpkipge said he inaisted that, according to the resolution, the House could do no business while the Senate were considering the question of im- peachment. The SPEAKER sald the members must be either in the Ser or in their own hall. Mr. ELDRIDGE suggested a fact of which the Speaker and every member must be aware. He did not do this with any intention of disrespect to the Chair, or to re ist any decisi n the Choir m ght jake, He was in the Senate when the order .or a session was adopted for the purpose, a3 ie of consitering the pending questions. e might be in session only tive winutes, He insisted that this was merely a Suspension of the public acts of the Senate, and that, therefore, the House could transact no business without a violation of its own order, The Svea’ said he had taken some pains to con- sult with excellent parliamentarians. The House mught have had to remain in the corr.dors of the Senate for hours owing to the Senate goiug into secret session. ‘The House having thus been excluded, it was their duty to return to their own hail. Mr. ExpkipGe asked whether in case the Senate doors should be open the House coud be considered in session when they were there in pursuance of their own order? The SPEAKER said it could not be; that theoreti- cally the House was now at the bar of the Senate. Mr. RoBinsoy, (dem.) of N. Y., rose to a point of order. He moved that the House adjourn, ‘That would bring up the question. The SPEAKER repiled that the motion to adjourn admitted of no other question. Mr. WASHBURNE, Of Ill, reported that the House, as a Committee of the Whole, had attended at the bar of the Senate, that the argumen's had been closed and that the Senate had closed the doors for consideration, Therenpon the committee returned to the House in company with the Managers. Mr. Ropinson sald if the House was regularly In session they had the right to adjourn, ‘The SPEAKER remarked that if the House adjourned it could not respond to the invitation of the Senate to return. Mr. Rosinson withdrew his motion. THE ALTA VELA CONTROVERSY. Mr. STEVENS, (rep.) Of Pa., asked leave to make & personal explanation. He would not occupy more then ten minutes, Mr. ELDRIDGE said that yesterday he asked only five minutes for explanation and that the House re- fused to accord it, Mr. STEVENS replied that he «id not object. Unanimous permission was given to the last named gentleman, when he began to read from his seal a script. Many said they could not bear him, complying with requesta from several direc: , he took a position at the Clerk's desk and read as follows;— Personal explanations are not to my taste; but in the case of Alta Vela my co-Managers having deemed ittheir duty to explain, if may be thought a sus- piclous circumstance that I have not done so, When hat question was before the House it was laid on the table before it reached me. 1 will now briefly state all T know of the matter. Some time early in the session some person, whose name | do not recol- lect, asked me what was the law of nations in case the citizens o1 one country were in quiet possession of an isiand and had been forcibly ejected by another nation in favor of other claimants? | had not for- gotten the heated discussion which took place re: live to the Falkland Islands, a pile of barren rocks, of no value, except so far as the national honor was concerned, and answered that the nation whose cittvens had been forcibly ejected would be justified in reinstating them, so that they might settie ‘their bill in the ordinary way. 1 declined to give a written opinion. as {| was not in the practice of the Jaw, Lheard no more of the subject unti! about two months ago. General Gartield cailed at my seat with @ paper or tetter which he said was a copy of the opinion I had given and asked me if I would si ign It. ‘At this point Mr. Srevens asked the Clerk to con- tinue the reading, remarking that his throat was sore, The Clerk accordingly read—T took it without reading and put my name to {t with others, | did not then know its contenis, but having since read it T have nothing to retract. I never heard of tt any more until within a few weeks, when it was pro- duced in the Senate by Mr. Nelson, one of the coun- sel for the President. At the time I signed tt I had no idea it was to be taken to the President, nor hud 1 any idea that te Black or his son had any- thing to do with it. Had I known that fact, however, it would not have altered my action. I have kuowa Judge Black for more than thirty years, and aside from his unfortunate politics, | have known him to bea very able lawyer and upright judge, who has hardly been equailed by any member of tie benci. ‘This letter, I find, was written by General Butier to J. W. Shafter, ‘When written | do not know. 1 signed the cory, some time afterwards, It simply gives his opinion as to the right of regaining posses- sion of Alta Vela. It is nowhere satraase de tn President or any of his counsel or to aff inéniber o! his government, It makes no allusion to tnpeacly ment nor contains any insinwation oO clemebey o! any condition. Hi it was ever to be shown (o him, his counsel or Cabinet, it was without the sanction of the writers, at least’ so far as | am concerued, it then had this letter 10 honda ita “ ieee n Ki Nelson was discussing? vas not ade a “3 te the President, his advisers ov kindred; did not make the most distant rofercnce to any ove of the charges in the articles of impeachment, nor could it be construed by any honest nran to have any connection or bearing upon the prosecution, | it bad not been given in evidence nor referred to until some days after the testimony was closed and when tue counsel were summing up. [think no bhonora- id have used It to assail the motives of sel, ax it was dragged in trrelevantly and iliegally; but when I look at the speech of the entieman I can easily forgive him. lie spees Sa not profess to touch the question of impeach. ment. if rs through the two tortal days aud rof endjects lying in but never touches the 4#ubject , could he avo bedaubing us ‘The SPEAKER ruled that the’ lang tem: arliamentary. To m alluding to What bappened in ze of the gen- rules prevented gen the Senate chambe! Mr. BANKS, (rep.) of Mass., said this was a matter which transpired in the presence of votb braucues of Congress. Mr. ELpreipar hoped that an opportunity would be offered to reply tothe gentleman's musa ent of facie. Mr. STevEeNs—I hope so; f did not intend to mis- state facts. Mr. WILSON, (re ted to the furtner reading of Mr. Ste tion. Mr. WILLIAMS, of Pa., said the remarks to which his colleague was replying were not made vy any senator but in open court. Mr. ELpRi pes expected the gentleman from Penn- sylvania would now withdraw the teulh impeaed ment article. Mr. Steveys said bis remarks were in reply to 4 man (Mr. Nelson) Who was fot a member of either branch of the national legtstarure. Mr. ELDRIDGE thought the e was much like that woich be dent with, such as “greasy caree: round the circle.” F ‘The SPRAKER said bis only desire was to preservo comity between the two houses, and caused ty be read the rale which ataies that it is a breach of order in debate to allude to what ta said on the same sub- ject in the other House or to particular votes, because the opinion of each house ts left to ite own indepen- dence. Such quotations might lead to aiisunder- rt. between the two houses. ULLING rose, The SreaKun, not haying @ushed bis statement, Ywhen ie “swung 3 oe that gentleman to suspend for awhile, if ha coul The Sr; resuming, said if members of House could make remarks severe on was said in the Senate og be made by Ae tean aa “uy would cause wisundereneaing between ‘the two branches,” Mr. MULLINS, (rep.) of Tenn., remarked—Ever being an individual ling, and always willing to abide by law, well knowing that no parliament body can be kept within bounds without rules, I aur ur parton me if aggest an fdea--—~(Laughter) ardon me tf I suggeat an T.) Mr. KIDGE—I move that the gentleman from bgp have leave to express an idea, (Laugh- Mr. MOLLINS—I_ asked jog before I made my remarks and that is to differ with the ruling of the Chair, This creates, iamy mind, if you expression, no idea of an act of the Senate, Itis but the defence of a member of this body against the remarks of @ counsel who is appearing at the bar of the court and who is not directly a member of the Senate, This counsel directly assailed the character of a member of this House, who felt bound to defend it, ‘This assault on character comes from an out- sider. There 1s a difference between @ Senator and counsel for the President, It is an attack on a mem- ber of our own body, ‘The SPEAKER Said he had listened to the remarks of the gentleman from Tennessee, and repeated that it was, according to the parliamentary authorities, a breach of order to notice what was said in debate in elther house. Mr. STEVENS remarked that he certainly did not desire to violate any rule. He looked on the speech im the Senate aan ‘attack onthe Managers by a man @ member is body. At Was & persona, attack, and it was to nawor te thas he had prepared is re- marks which he had desired to be read; but if It in- fringed any rule of debate he wouid withdraw them. ‘The SPEAKER said he had read, a# he beileved, according to the House of Cumumons in May's practice. Mr. FARN®WORTH, (rep.) Of Ill., inquired whether it would not be in order in Comunitwe of the Whole House to review the speeches in the senate on the impeachment question. ‘the SPEAKER replied that the gontieman, as an old member, was aware tliat gentiemen had referred to what had taken place iD Lhe Senate, bul mot iocat- ing the scene, ‘:he Cuair, however, did not suggest any evasion of the rule, Mr. FARNSwoRrH said the rule was to prevent undue debates in either house, ‘The SPEAKER understood Mr, Stevens to withdraw his speech under the ruling of the Cauir. ‘The follow iug is tue concius.on of tue remarks of Mr, Stevens whic were not permitte. to ve read by the House:—But | ask again, how could this letter be made applicable to any legilimace or manly argmoent in the case’ If there i, anytui.g for wiich lawyers are celebrated it ts their laudable courtesy to cach ouher in the couduct of causes, Well bret counsel never depart from it to hunt up maiters in posse in order to attack their brothers’ motives. 1b is ioiamous. Had any use been mtended 10 be made 0: luis pa per it should ave beeu given in evidence. If otfered it would undounedly have been rejesved us ivrele- vant. 1tis not pretended that i referred to uny one of the articles; but tt.s uleged witivns proof tit 1b wis signed aster the impeactinent was prepared, What d fereuce does that wake ff tt did uot invueace tue action of auy one ou tuar subjects af the eter was writen before tue artes were drawn and tue acts therein charged perpetrated, of course it could not aicct tise ats or charges. Uf it was written uaiter ihose ariteles were filed, it will not be pretended that it} could modify or molily wny of those charges. Why, then, is it introduced ie ef Fimply hy to insuit counsel and change the to another quarry. A iuli pack of houn ls s.wediaes have the trail of legitiuaie gaine to oven upoa a false scent. His coun: Ve raised un evtcuncous excitement to divert attention frou 418 poor worried client. For. myself, | 1eel no uneasiness about tne eifect which it will produce. If a practice of fo.ty weary tt will nut protect me from such vulgar attacks, It has been unhanisomely managed. ‘ihe ouly regret which | feel in thé matter is that in cond.ct of w mingie in the high debate wiv couid descend to such irrelevant, impertinent and vulgar ass.uits upon the legal profession. GENERAL BANKS ON TOO MANY COMMITTEES. Mr. Banks said the rales provided that a meaber on two coimmttees might be excused trom serving: on @ third committee, He had becu nowified by tia Clerk that he had been appo.ated aineuber of the committee to investigate cerian ciarges, He de- sired to be excused from service on tiat committee. He would not avail himself of the prividege if there was not before the Committee ou Foreign Affairs an important matter, which must be disposed of tume- diately, in connection with tue Kussia. treaty, action on which had been interrupted by the impeachment trial, The question oughi Lo be disposed of because: the honor o/ the governinent was soinewnat at stakes He was a member of three coumictees alread: hoped the Spea reason why he should be excused, The SPEAKER said he knew o/ tae gentieman being: on only two commmittees—the Foreign Afars and on the Rules, the lavter beng merely nominal, Mr. BANKS reinarked tnat he was aiso on a Special Committee of Conterence. The SPEAKER said the gentieman had a right to ask to be excused. THE TENTH ARTICLE OF IMPEACHMENT. The House resumed the considerat.on of the fol- lowing proposition of Mr. Ca. y:- Whereas this House in the tenth article of Imperchment charged Andrew Jobuson. Presluent of the United States, witls a Ligh misdemeanor fa oilice, aad that he had maue totem perate, fufammatory and scandaluus barranjues which aro ly indecent and anbecoming : |, That, day, saturday and Monday last, the Managers be ordered to withdraw the tenth article (rom the urtuer consideration of the High Court of Impeachment. The question was taken as to whether the House wouid conseler the resolution and i was decided im the negative by yeas 29, nays, 107—u strict party vote. MESSAGE FROM THE SENATP. A message was received froin the Senate by Colo- nel Forney, its yeeadecrt stating that the senate had ordered him to inform the House that tuey would no- tily the House when tiey would be ready to receive them again at the Brr. THE RECENT DUBL NEAR BALTIMORE. Mr. Jenckes asked leave to offer @ r.so ution in- structing the Committee on Foreign Affairs to tne quire into the truth of te report thai a duel had been fought in or near the Disirict of Columbia between a person of the dipigmatic service of the United States and an attaché o one oi the foreign legations, and tf they find that such an odence has been committed they report t» U fouse whether & due respect for the laws ol tie re wire the House to take messures for tie reinoval from oitice of the diplomatic 0 Ml r his own governinent of the attaché of the toreigm legation, and tor that pur, ales ~~ me Hive shail have power to send tor persona and pay Mr. Raat, (dem.) of ¥a., objected Lo tite adop- tion of the resolution. THE SOUTH CAROLINA OONVENTION, Mr. Beck presented a paimphiet cutited, “A ré~ spectful rem Sstraiic ob bevalf of the wiole people of South Carolina ya ust the late Convenuon ot State, and Was submitted to Conzress."" It was p. ‘ed by the Hon. B. F. Perry ou behalf of tie > Central’ Executive Committe of South Carol Referred to the Committee on Reconstruction, THE FINANCIAL QUPSTION, On motion of Mr. WASHBURNE of {!l, the House resolved itself into a Committee of the Whole on the state of the Union, Mr. Trowbruige in the chair. Mr. SPALpiNa, (rep.) of Ohio, made a speceb on the financial question. He argued that the clerished plan to Wi he alluded for pay ing the interest be foe bonds of the governmen: witu \ nited states om tender notes has no warrant in tre constitution the United States or in the act of Congress of Febru- ary 25, 1862, which firat authorized the wane. Nel- ther was it Justified by the plaineat principles of poii- tical economy or the soundest precepts of common sense. He claimed that the soundest dictates o1 pab- ig policy were opposed to any furtner issue of green- ack, Mr. E-paipar inquired whether he wnderstood the gentieman to assert that tie act of Congress pro- viding that debts are to be paid in legal tender was unconstitutional? Mr. SPALDING repliel—Most distinctly ; and the Supreme Court will so decide, Mr. ELprince—There is no didereuce between us on that point. pw Mr. Spalding spoke for anhonr. At the cone’ ston of hid speech fe committes rose and the House, a6 twealy WInUtEs to six wk, adjouraed. BROOKLYN Kisos County Iveneiares’ Hour.—The eltizens appointed as corporators of the Inebria ea? Home of this county, a much needed institution, at their fest annual meeting, neld on Tuesiay last, electad the following named oMcers:—Prest jent, James 8, T. Stranauan; Vice President, exwJudge John Dik + Treasurer, same Prontice; Secretary, Rev. racty Wane a; Directors, Rev. J. Paddock, Hy Hagner, Ss. Have F. Kichardson, jan, J. pike Ww Pi Tt Me G. 1. Bennett, A. Be J. Buckley, joseph’ Fransiou, Hock well aud J. Marsh. A Berotak CavGnt.—Mrs, Elen balun, residing at the corner of Jamesand York strerts, discovered two burglars in her house on Tuesday nigit, Ono of the thieves Kaocked her dowh atu made his es- but his confederate was not quits so fortunate, ¥ clung to him and gave the alarm, when some of the neighbors came to ier re ef. The man gave his name as George Bennett, and was taken be- fore Jastice Cornwall yesterday and sea, to jail on a suort commitment, Toe Newrowy Creek Drownino CasvaLty.— Yenterday afiernoon the body of Edward O’Shangn- nessy, drowned on Tuesday afternoon in Newtown Creek, was recovered and the Curves notitied. | Mr, O'Shaughnessy formerly resided In, Massuc.ttsetts, nd was Visitiog rome Menus in Willtamsourg ab the time of the fatal casuaity. the irlends of ceased have taken charge of tls body and will have {t properly interred. He was & naive af, Lseaead, thirty-iive years of age and a shoemaker by occu pation. Heropiaw.—The body of a babe, evidently of healthy birth, was Inst evening fount foating im the was tof Grand street, E. D. “he Coroner rye an ihe nolica tok chatae of the bode