The New York Herald Newspaper, May 14, 1868, Page 3

rt ba i ¥ WASH!RGTON Niness of Senators Grimes and | Conkling. 2 Senator Henderson’s Argument Against the Impeachment Articles. INTERESTING PROCEEDINGS OF CONGRESS, Debates on the Bills for the Ad- mission of Southern States. The Radicals Anxious for Their Speedy Restoration. THE IMPEACHMENT EXCITEMENT. WASHINGTON, May 13, 1868, The impeachment excitement is still fresh and seems to gather additional interest by every day of delay. Last night and tis morning Senators in favor of conviction as wel: as members of the House were extremely busy with the doubtful men in the Senate. The result of the canvass is declared to be quite favorable to conviction, and nearly every re- publican Senator expresses the opinion that Saturday will close with Andrew Johnson convicted of high orimes and misdemeanors, It is thought he can be convicted on the second and eleventh articles, | There is more hope of Henderson to-day than there was before. The Missouri delegation in the House has been incessant in its pressure upon him, and it is understood it has at last succeeded in exacting from him a written pledge that he will vote for con- viction on the eleventh article. This is considered a great victory. The alternative was presented to him of either voting for this article or resigning his place in the Senate. Had he done the latter the place would have been instantly filled by the Gover- nor of Missouri. Some doubis are still felt about Frelinghuysen, of New Jersey. He was in earnest consultation this morning with Trumbull, who pronounces impeach- ment dead. The republicans are also busy with Frelinghuysen, and it is said he is in receipt of letters and telegrams from his State demanding him to vote for conviction. Some of the New Jersey delegation in the House vouch for him as being for conviction on some of the articles. Senator Howard is somewhat worse this evening. if his physicians are of opinion that he can- not possibly come into the Senate on Saturday, it is said he will send in his resignation, and the Gov- ernor of Michigan will immediately send on a com- mission as Senator to one of the members of the House from that State. Howard is resolved that his iiness shall be no impediment to conviction. Senator Anthony again expressed an opinion to- day that the President would be convicted on the eleventh article, and possibly on the second. Sena- tor Willey is of the same opinion, and it is thought they will both vote this way. Senator Fowler is still doubtful, though a strong pressure is being brought to bear upon him from ‘Tennessee, and it is not improbable he may yield and vote for conviction. The statement telegraphed hence last night that A. T. Stewart, of New York, is here for the purpose of persuading Grant to decline in advance of the nomi- nation at Chicago is wholly incorrect. Mr. Stewart 1s here, but forno such purpose, The paragraph in a Baltimore paper was pointed out to Mr, Stewart this morning, and he pronounced it grossly false. He says he believes Grant will be nominated without opposition, and that if Johnson 1s not deposed by the Senate Grant will be elected by the people. Pressure of Missouri Radicals on Senator Henderson to Vote for Convictio: ‘The following telegram was received to-da; Sr. Louis, May 13, 1868. To Hon. J. H. HENDE! ‘There is intense excitement here. Meeting called for to-morrow night. Can your friends hope that you will vote for the eleventh article? If so all will be well. E. W. FOX. ‘To which Senator Henderson replied :— WASHINGTON Crry, D. C., May 13, To E. W. Fox, St. Louis:— Say to my friends that | am_ sworn to do impartial justice according to law and the evidence, and I will try to do it hke an honest man, J. B. HENDERSON. Illness of Senators. Senator Grimes was to-day attacked with sickness while at the Senate Chamber. It is supposed from the symptoms to be premonitory paralysis. He, how- ever, wag able to-night to converse with friends, Senator Conkling is confined to his lodgings by gickness. » The symptoms of Senator Howard are not so favor- able to-night as they were this morning. He has more fever. \ Itis not true, as reported to-night, that Senators Nye and Morton are also sick. 1868. Argument of Senator Henderson in Oppesi+ tion to the Impeachment Articles. WASHINGTON, May 15, 1368. ‘The following is an abstract of the argument of Senator Henderson against impeachment, delivered in the Senate last Monday: Mr. Presipent—On the 21st day of February last the President of the Untted States issued an order, directed to Edwin M. Stanton, Secretary of War, de- claring that Stanton thereby was removed from his said office, and his functions as Secretary would cease on receipt of the order. On the same day he issued and delivered to Lorenzo Thomas, Adjutant General of the Army, a letter of authority to act as Secretary of War ad in- terim, in place of Stanton removed, Stan! being directed to transfer to Thomas all the records, books, papers and other eae of the Depart- ment.’ These two acts of the President, varied only in the form of the charges, constitut fis fences contained in the first eight articles fd ive jedchment. It is true that the fourth, fifth, sixth and seventh articles charge an unlawful conspiracy between the President and General Thomas to put Stanton out and put Thomas in; and some of these articles charge that the President designed to accomplish the object of this conspiracy by force and vioiencé, To prove the existence of the con- itself I presume the issuance of the orders with them as knowledge of a concut- be chiefly relied on. Our assume ian? A no sat’ = That the President issued the 5 n be no doubt. Whether Ther mXers there ved, ad agtee" --sua Conwented, con- eg with “the President in s tn of “fMfese orders is & matter «0 linportaice so far ag the President concemed, He is guilty or not guilty. Poy pal Ya on the question of violence in removal 6f Stanton 1 think proof is wholly may t6 show that the President contemplated thé Hise much less t! ‘ae agreed or conspired with Thomas for any 1 ‘and it will be observed that under those sp articles it is not enough that the President himself shonid have intended, preseatly or witimately, ‘to use violence or to have Thomas use violence in procuring the War Department. It must appear that such & purpose Was communicated to Thomas at the time, and Thomas agreed with him to par- ticipate in furthering such purpose. I there. fore assume the correctness of the original roposition that the only questions involved in e eight articles named are, first, Conld the President lawfully remove Stanton; second, could he fawfuily fill the vacancy with an ad interim appoint- name proof. ment? And now, “4 1 intend to discard «the President's clatin of the constitutional right of removal independent of law, and to hold him strictly to the terms of the acts of Congress whatever they may be, I proceed to examine his power under the laws to remove the Secretary of War on the 2ist of February last. On the 7th of Augnst, 1789, the act was passed creating e War Department. The first section of the act declares that the Secretary shall perform and exer- cise such duties as shall froim time to time be re- mired or entrusted to him by the President of the United States, agreeably to the constitu. tion, relative to ‘military commissions or to ihe land or naval forces, ships or warlike stores of the United States, or such other matters respecting military or naval affairs as the President of the United Stat shall assign to said de- partment, &c.; and, further, that the Secretary shall conduct the business of the said depat- ment, and in such manner as the President of the United States shall from time to time order aud instruct. The seeond section provides for a chief clerk, to be secretary whenever the said provincial officer shall We removed from office by the Presi- dent of the United States, or in any other cow oof = vecapex. and shal) dnring such a ‘vacancy have the ch books and paper nt. On the 27th of | iy cen t of Foreign Affairs hee bese ¢ ned with precisely similar prove siODS, “Jad on the 24 of September follow: he ‘Trev saty Del ent was established with the Sate provision, except that if the Secretary should removed by the President or a vacancy otherwise occur, the Assistant Secretary, who Was really Clerk, shovid have charge during the vacancy. Now whether I look to the words of these acts to the contemporaneous history of their passage to the subsequent construction given them by. our statesmen and jurists or to the action of the Government under them, | am forced to the conclusion that the power to remove these officers absolutely is given to the Psesident and was 80 intended atthe time, The Departments are called Executive Departments. They are required to con- duct’ thelr atfairs as the President shall order or direct, and he is authorized to assign them duties not specified in the acts, which duties shall be discharged in the manner directed by him, He is clearly responsible for their conduct, and each one of the acts provides tn terms that he may remove the officer and designate who shail succeed him, In case of removal or other vacancy in this state @f the law, it will be observed that no possible difference can exist in the succes- sion whether the removal or other vacancy should occur during the recess or session of Congress. In the case of the Siate and War Departments, the chief clerk and in that of the Treasury Depart- ment, the Assistant Secretary must succes by virtue of the law, but this was to be a temporary or ad interim discharge of duties to be te by ry the appointment of @ successor to GA cceed, not the temporary occupant, but the Secretary who may have been removed. In this state of the law, I could not doubt the power of the President to remove absolutely, whether in session or recess of the Senate; nor can! find any expres- sion of a doubt on the subject by any statesman or lawyer of that day. Opink f Leading Radical Papers. {From the Boston Advertiser (radical), May 13.) As we write in entire uncertainty a8 to what the verdict will be, it is only Just to remember that this has been a trial before a court, a court in which the country has contidence; that the judges were sworn to impartiality and have conducted the trial in com- pliance with their obligation; and that it must be presumed they will decide conscientiously and with a detinite appreciation of the consequences of their votes. We way deplore the decision at which they arrive; but their motives are not subject to revision, and their judgments are to be accepted and acqui- esced in as are the judgments of other courts, {From the Cincinnati Commercial (Judge Chase's organ), May 12.) We have expressed the opinion that impeachment would not prove a good investment for the repub- lican party, and it will certainty be avery bad in- vestment, whatever determination may be recorded in the Senate to-day, unless republicans generaily are wise enough to see and declare that this trial is indeed a judicial proceeding, and that a Senator sworn to decide the case according to the law and the testimony may be presumed to be an honest man and a true patriot, wuica- ever way he may vote upon the question of the conviction or acquittal of Andrew Johnson. The republican party is strong, but it can- not aiford to drive out, as traitors, all who disagree with the opinions that are most noisily expressed by the most excitable of its members. The great masses of the republicans, who are not expecting office at the hands of Ben Wade or any one else, lave never thought it a vital matter whether Andrew Johnson left the White House this month or in March next, and they should not allow themselves to be mis- guided by the advanced guard of the grand army of oiice hunters, From the Cincinnati Gazette (radical), May 12.) ‘The case against the President was fully and ciearly made out, and we had hoped that there was suiti- cient honesty in the Senate to secure his removal; but in this the public are likely to be disappointed. The great obstraction to reconstruction must, it seems, remain in power. ‘The ‘treasury thieves are to have a new lease, and the work of demoralization and public robbery ia to goon. It only remains for an indignant and outraged people to appeal from the Senate to the bailot box; and in taking this appeal and retrying the case at the bar of pubijc opinion the Senators who have violated the confidence placed in them by their constituents will not be overlooked. Andrew Jounson will, in any event, retire from oftice without the confidence or respect of any party. ‘The same fate awaiis those Senators who have betrayed their conntry and their party, (From the New York Evening Post (radical), May 13.) If the majority in Cong! is wise it will drop just here the whole impeachment business and go on with the other and important matters which demand atiention, It i8 tinpossible to secure respect for a verdict for conviction herea ter rendered by the High Court. ‘The irregular and uuiawfal efforts to secure that end have been too shameiess, too conspicuous. Of what use or force will be the silence of Mr. Hen- derson or the resignation of Mr. Trumbull? Of what account will be the conviction of the President by one or two votes, or indeed by any number, alter the proceedings of yesterday? Finally, we urge the mem- ers of the court, so grossly attacked and so unlaw- fully solicited, to stand tirm. Let no one resign; no one promise to “withhold his vote.” That way— and that way oniy—iies disgrace, The High Court of Impeachment was summoned to perform a gra duty; and the Senator wao, as @ member of it, aliows himself to be swayed from his course by threats or by unlawful influence justly earns his ruin, Conversation with General Grant. on Impeach. ment, &e. [Washington correspondence (May 11) of the Chicago Republican—radical.} General Grant, in the presence of your correspon- dent, to-day said that from what he knew he believed that the President intended to evade conviction by resigning at the last hour. The General algo said that he became so convinced that this would be done that he bet a box of cigars with Secretary Stanton in support of ft nearly @ month azo. During the entire conversation the General ex- pressed himself very strongly tn support of Mr. John- son’s removal, it being his only hope of having peace in the Southern States, and he thought it would be dangerous to the best interests of the country to let him remain any longer at the heaa of the govern- ment. With Mr. Johnson's removal he would, with- out detriment to the public service, make a further reduction in the army, and the troops that were now stationed in many of the Southern States could be withdrawn and sent to the plains or mustered out of the service. Having a man in tne Presidential chair who wouid take care that the laws are faithfully exe- cuted, the rebels in the South would cease commit- ting murders and driving Union men from their homes, and loya! men would be again secure. THE FORTIETH CONGRESS. Second Session. SENATE. WASHINGTON, May 15, 1868, The Chair laid before the Senate a communication from General Grant enclosing reports of District Commanders in the South of the number of white and colored votes registered in the different States, the number cast for and against the ratification of constitutions and the number neglecting to vote. PETITION Mr. SHERMAN, (rep.) of Ohio, presented a joint reso- lution of the General Assembly of Ohio, praying Congress to adopt some measures to prevent the loss of life so frequent on our lakes, rivers and railroads; also a joint resolution protesting against the Recon- struction acts, and instructing the representatives of Qhig to vote for the repeal of the same, and also again*t the proposition to make a two-thirds vote necessary for ing % decision of the Supreme Court legal. ont ‘The CHarn aid bet 7 SERN vor , e CHAIR lai nate te Joun W. Forney, secrehaty of Song eeuation of onthe» oat (eD-) 24 M8 ns ed thai It be Inia oe. aves ae" OS, tee, i, oujected, and imine- Wiately ai ory » Srithdrew [ils objection, Mr. SaMAere motion was adopted, > Mr. HENDRICKS, (dem.) of Ind., offered a resolution that the re at be accepted, and until the ap- pointment of @ successor that Major MacDonald act as Secretary. Mr. SUMNER objected, and the resolution went over under the rules, REMOVAL OF POLITICAL DISABILITIES, Mr. STEWART, (rep.) of Nevada, from the Committee on the Judiciary, reported # bill to remove poiitical disabilities of certain citizens of Alabama. He stated that the committee recommends the relief to be extended to some hundred and six persons, being all Whose in regard to whom suiicient information had been furnish Other names had not been passed upon because of the absence of that infor- Imation, though doubtless the persons in question were entitled to rellef. MONTANA AND COLORADO, Mr. WILSON, (rep.) of Mass., gave noticé that he would ask leave to introduce ‘bilis to enable the Ter ritories of Colorado a @ Montana to frame constitu- tions for admission as States. REVISION OF THE STATUTE LAWS. Mr. TRUMBULL, (rep.) of TIL, from the Committee 2 the Judiciary, reported the following resolu- tion — Resolued, That the Commissioners appointed under the act of June 27,1868, to provide for the revision and consolidation of the stattite Inws of the United States, be requested to re- ‘ort to the Senate what progress has been made by them and Low much time will be re wired to complete the work: ‘The resolution was adopted. MINING REPORTS, Mr. Ramsey, (rep.) of Minn., offered a resolution to print the same number of copies of the letter of the Secretary inclosing the report Mr. W. Taylor upon gold and silver mines and mining east of the Rocky Mountains as are ordered of the report on miniug by J. Rosa Browne, and that they be bound Pane He moved to refer to the Committee on Printin, Mr. CONNRSS, (rep.) of Cal., said there had been no resolution pefore the Senate authorizing the printing of Rose Browne's report, aud the report had never been sent to this body by the Secretary of the ‘Treasury, Who did not appear to regard thia body as of sufficient importance to send it. Mr. Conness hoped they would get it at some time, Mr. Henpatcxs, (dem.) of Ind., asked what made it the duty of the Secretary of the Tveasury to pre- gent that report? Mr. Con pas replied that the law provided tha the ana custody of all records, | rey “un should be made under the direction of the etary of the Treasury. It could not be taken cognizance of by the Senate until it was presented. ‘The Senator of Indiana, Mr. Hendricks, need not be im haste to defend the Treasury. When he (Mr. Con- hess) wished to attack him he would do it on more salient pointa. He hoped the resolution would be referred to the Committee on Mines and Mining. Mr. Jounson believed that under the law the Sec- retary of the Treasury was not obliged to send the report to Congress, and that he was not, therefore, lable to censure for the failure to send it. The Sen- ator from California (Mr. Conness) could oifer @ reso- lution asking for it. Mr. CoNNESS agreed that the Secretary was not obliged to furnish it, but he would decline to offer the resolution. He remembered that that gentleman denounced this body as a body or constitution tink- bt He hoped to get the report in some way or other, Mr. JOHNSON then proposed to offer @ suitable re- solution, but Mr. SHERMAN objected and the resolution was re- ferred to the Committee on Mines and Mining. CHANGE OF NAME OR LOCATION OF NATIONAL BANKS— OCEAN MAIL STEAMSHIP SERVICE. Mr. RAMSEY introduced a bill to provide for the change of @ name or a location of a bank under the banking laws of the United States, which was re- ferred to the Committee on Finance; also a bill to authorize the establishment of ocean mail service by American steamships between the United States'and the north and south of Europe and between the United States and the Mediterranean ports of Asia and Africa, which was referred to the Committee on Post Ottices and Post Roads, RESTORATION OF SOUTHERN STATES. Mr. WILSON introduced a joint resolugion to restore Alabama, North Carolina, South CarOlina, Georgia, Louisiana and Florida to representation in Congress, which was referred to tte Committee on Judiciary. Mr. SHERMAN, (rep.) of Ohio, called up the bill to admit the State of Arkansas to representation in Con- gress. He stated that its speedy passage was neces- Sary to the peace and prosperity of the country, which was @ Very unsettled condition, with @ Legislature elected, but without authority. Ho hoped the bill would be passed, the people of the fave having complied with the prescribed condi- ions. Mr. TRUMBULL said he believed the bill set forth several facts in relation to the ratification of the con- stitutional amendments by the Legislature, and that the constitution was republican in form. This, which he considered very gratifying, he believed to be the case. He had read in the newspapers that such was the fact. He would be gl: to see all the States recently in rebellion represented here at the earliest practigable moiment consistent with the Card of country. He had not looked at this bill, however, and rose to inquire whether the Committee on Finance, of which the Senator from Ohio 1s chairman, have examined this subject. He was not aware that they had it under consideration and would ask whether the Senator proposed that a me sure so important as the recog- nition of a government in a State, when the relations to the United States have been disturbed for several years, should pass the Senate without reference to a committee or any examination as to the facts and merely upon an individual expression of opinion, which, although it might be accurate, yet might pos- sibly be mistaken. . SHERMAN replied that it did not seem neces- sary to refer the bill to the Judiciary Committee, which would be the only proper reference; they had the oficial documents containing the proceedings of the Arkansas Legislature and showing the ratifica- tion of the constitutional amendment by both branches on April 3, 1868, by @ yhanimous vote. The official copy of the constitution had also been transmitted to them by the President of the Untied States. He (Mr. Sherman) had read it as carefully as any Senator could, and that the report of the General of the Army giving the details of the votes, &c., were all that the Judiclary Committee could examine, The report showed that the condl- tion of affairs in Arkansas demands instant action. There was a total absence of law, and the Legts- lature, though now in session, had no power until Congress ratified the constitution under the recon- struction acts, If there were any other facts than those established by the official record he did not know of them. Mr. Jounson, (dem.) of Md., reminded the Senator that when this constitution was submitted to the Senate by the President they were engaged upon the trial, which had engrossed almost their sole atten- tion, and he did not believe a dozen Senators had read it. While it might be true that the condition of affairs in Arkansas required a oheiae for the better, the only information they had was from the General of the Army, and they should not take the statement of any officer, however patriotic and reliabie, as conclusive. It might be true, also, that the constitution conformed to the reconstruction acts and was republican in form; bat on these points Senators might well differ, and he thought the only proper way was to follow the usual course and refer he bill to the Committee on the Judiciary or some o-her suitable committee. No possible harm could resuit from a delay of a few days, Did the Senator suppose there would be many outrages perpetrated in a week if the adoption of the constitution was de- layed for that time? But, whatever might be the result, if the Senate should now ad- mit two additional Senators, tue public would say, and perhaps wou'd have some reason to speculate upon the result, that they were to constitute a part of the court of impeachment, He took it for granted that no member of the Senate contemplated such a state of things; but if admitted’ they might claim the right under the constitution, and might satisfy the majority that they had that right, whereupon their votes would be = given, No son, controlled by a sense of justice or propriety, woult consent to this, and he only men- tioned it to show that it would give rise to this sus- vicion of the public, It would ve in his judgment derogatory to the character of the Senate; for that reason only he had culled attention to it. Mr. Dixon, (rep.) of Conn., urged the same con- siderations as put forward by Mr. Johnson, as well that renators do not without consideration 3 upon the important questions involved in this stitution, such as the prouibition for ail time to mike any change in the right of suifrage, &c, Mr. SHERMAN Wished very positively to disclaim any purpose of passing this bill in order to obtain two votes up nthe tr]; there was not the slightest doubt that tue vill would be retained by the President at least until Monday, perhaps for ten days, He repeated the consideration adduced before in ard to the dsturbed condition of Arkansas in the a)- sence of all law, since those lately in authority were now powerless and the Legisiature could pass no law until Congress ‘ratified the Constitution, He would vote (o refer the biil to the Judicia sy € mit it, tee if there was any necessity for but the only donbt that seems to b raised was in regard to the legality of the vote ip Jeiferson and- Pulaski counties, which, how- ever, could not change the result, an | that vote was legui beyond a doubt, as had been siown by the or- cer sent to investigate the facts. The registers acted under the law of Congress received at the last mo- nt in accepting the votes of those registered ere in the State. No politi object could b ed by the passage of the bill, and it couid no farm, while no good could result from day. He felt the earnestness of the representations of citizens of that State to hii in regard to the con- dition of things there. Mr. EpMUNDs believed after examination that the constitution was in proper form and that the Stat should be admitted uuder it; but ia view of the im- portance of the subject, ie would not give excuse for compiaint by hasty action, and thought that ali tie forms shouid therefore he complied with, altiougit he would make all the haste consistent with justice and security. To act upon this matier without reference to a committee would be unpreced it would be going .back to the worst demociatic times—using the word democratic in its modern, not in its proper schse, They should sq act as to dery criticism in regord to the adimiseton of these States. If the bint were passed, oy. alld If the President were removed from office of Katurdi®, bis successor elgg not be bound by the cdnstitdttay to exam- ine it. * ; Mr. Buckatew, (dem.) of Pi the fact that there was’, ata SUEMLION Was gdoy tf bf or not, polited out the law “3 wnteh the Senator from Ohio (Mr. Sherman) ciated the registers in certain places had received votes of na registered anywhere in the State, was vasded bot & e aye before the election, that It could have VAS MMeial notice, and in fact had none other than a despatch upon whieh they acted. Mr. Buckalew quoted from, te report ov ee to thesé pointy,” <7" HERMAN replied, quoting again from the re port of the oMcer who investigated the alle wed Trauds, to the effect that the regisvers had allowed ersops to Vole Wunder the act of Congress of March last aftor Cnsultation, and after havung received in- teiligence of it. He said the whole number of regis tered votes Was less than thy surpiis Voters, s0 that the result could not be changed. . oe Mr, Monro (vep,) of Ill, said the official evidence ould be read in a few minntes, but perhaps tt wor not be proper to pass the bili to-day, and he should prefer to have it lay over until Monday, when donbt- jess it could be passed in @ very suort tine. The character of the remarks of the Senator (Mr. son) showed what use would | an attempt to pass it toulay, a matter of fact the passage of the bill could used one Way or the other, and he was sure t no intention of the kind, As the matter stood he was in favor of adjourning until Satnrdiay. Mr. SUMNER made that motion. Mr. MorTON moved that when the Senate adjourn it adjourn until half-past eleven on Saturday, The CHatk decided that the motion conid not be entertained unless by unanimous consent. Mr. Davis, (dem.) of Ky.—Mr. Preside Mr. SUMNER—Mr. President, Is it in order to move to. ie the pending order? ne CHAIR replied in the negative. Mr. Davis—I do not understand what right the Senator from Massachusetts has to deprive me of the floor. If the understanding is that were are to Mave @ vote now I am wifling. Mr. SUMNER—Very well. Mr. Davis—I do not consult He sachusetts. (Laughter) Mr. HARLAN, (rep.) of fowa, rose to correct one or two words; first, im regard to the irregularity of the vote, because the registers had no oilicial notice of the of the law of March last, when that pfil was approved. It became the law of the jand, and thet Was nothing in the constitution of the United States requiring publication; second, there was no ground for the supposition that the passage of the bill would add two votes unfavorable to the President. There now being fifty-four Senators thirty-six affirmative votes would be necessary for conviction, two being added, making the number fifty-# then thirty- eight votes would be required to convict and nineteen D acquit, While nineteen We quit the President One other poi he said jocularly, »bjection having been made owlng to the trial of the President on acconnt of the absenc 1 Wn staewat the Uniow from representation. 3 Senator from Mas- was presumable that that objection would be dimini by the admission of Arkansas. Mr. MoRTON renewed bis motion for an adjourn- ment to Saturday, Mr. SHERMAN objected, but finally, after some talk on the subject, withdrew the objection—the under- standing seeming to be that a vote will be reached on Monday, Mr. TRUMBULL disclaimed any intention to delay, and promised to endeavor to have a meeting of the committee as early as possible, to consider the bill, od on motion of Mr. JOHNSON it was referred to jem. Messrs. MORTON and ScMNER pressed the motion to adjourn until Saturday. Mr. ANTHONY moved to amend by substituting Friday. If much further delay were had the Senate might, instead of an august body, be called a Sep- tember body. (Laughter.) The amendment was rejected, and the motion to adjourn until Saturday prevailed. HOUSE OF REPRESENTATIVES. WASHINGTON, May 13, 1868, The proceedings were opened with prayer by Rev. George B. Van W; of N.Y. THE SOUTHERN CONSTITUTIONAL ELECTIONS, ‘Mr. Beck, (dem.) of Ky., offered a resolution dl- recting the Secretary of War and the General of the Army to communidite the reports of the several dis- trict commanders as to the the elections on the rati- fications of the proposed constitutions in Georgia, North Carolina, South Carolina and Louisiana, and for the election of the omcers thereunder, with the accompanying papers, &c, Adopted. THE AGRICULTURAL REPORT FOR 1867. Mr, TROWBRIDGE, (rep.) of Mich., offered a resolu- tion to print 180,000 copies of the Agricultural Report for 1867, which was refgrred to the Committee on Printing. GAUGERS FOR PHILADELPHIA. Mr. O'NEILL, (rep.) of Pa., introduced a bill for the appointment of four additional gaugers for the port of Philadelphia, which was referred to the Com- mittee on Commerce, THE ARREST OF COLLECTOR BAILRY. Mr. SCHENCK, (rep.) of Ohio, made a statement in reference to @ telegram in the morning papers, an- nouncing the arrest in New York of Collector Bailey of the Fourth revenue district of that city, on a charge preferred by a detective in the em- ponent of the Committee on Ways and Means. le said that neither himself nor the committee knew anything as to the merits of any complaint against Mr. Bailey, and certainly had no person employed in any secret detective service. The committee did not claim to have the authority, and certainly had not the disposition to enter on that business through the agency of Mr. Davis, or anybody else. All that was known by the committee about Mr. Davis was, that in the course of its investigation he appeared as a witness on one oceasion, but no particular import- ance, a8 he recollected, was attached to his testl- WHITEHALL AND PLATTSBURG RATLROAD. Mr. GARFIELD, (rep.) of Ohio, introduced a Dill authorizing the Whitehall and Plattsburg Railroad Company to construct and operate its road across the land belonging to the United States at Plattsburz, N. Y., and to be subject to such restrictions as the Secretary of War may impose, and limited to four rols-in width. The bill was passed. THE PUGET’S SOUND AND COLUMBIA RIVER RAIL- ROAD. Mr. PRrIce, (rep.) of Iowa, from the Pacific Railroad Committee, reported back the bill with amendments to incorporate the Puget Sound and Columbia River Ratiroad Company. After considerable discussion and propositions to amend Mr. Price moved the pre- vious question. ‘The House refused to second the previous question. Mr. JULIAN, (rep.) of Ind., moved to refer the bill to the Committee on Public Lands, ‘The motion was agreed to and the bill was so re- ferred. RESTORATION OF SOUTHERN STATES. ‘The bill to admit the States of North Carolina, South Carolina, Louisiana, Georgia and Alabama to representation in Congress was taken Up Tr. STEVENS, (rep.) of Pa., offered the following amendment as an additional section:— And be it further enacted that the provisions of section seventeen, article tive of the constitution of Georgia shall not ply to a debt due to any person who during the whole time of the rebellion was loyal to the United States and opposed to secession. Mr, STEVENS stated that he would allow the whole day for debate onthe part of members opposed to the bill, and that he would ask a@ vote on it to-mor- Tow. Mr, BECK took the floor and made an hour's speech against the bill, Mr. Ropinson, (dem.) of N. Y., asked whether it ‘was understood that the House was going into the amendment of a State constitution. ‘The SeEAKER stated that that was a question for the House, not for the Chair. Mr. STEVENS—I propose that amendment, and for this reason: the constitution of Georgia nuilities all debts due before a certain period, as well those due to loyal men as those due to rebels. My amendment is that it shall nullify only those to rebels, not to loyal men Mr. Ropinson—Will the gentleman from Pennsyl- vania allow me to ask him how he is going to pick out the creditors loyal and disloyal ? Mr. STEvVENS—I am not going to do it; but when anybody claims to be loyal I suppose he will pick himself out. (Laughter.) Mr, Rosinson—Then everybody is to pick himself out, Mr. PAINE, (rep.) of Wis., inquired of Mr. Stevens whether this was an individual endinent of his own or one that came from the Reconstruction Com- mittee, STEVENS repiied—It is an individual amend- ment. I discovered this morning that the proposi- tion with reference to debts embraced all, as well those due to loyal men as those due to rebels, That of course | thought wrong and propose to amend. Mr. PRUYNS, (tem) of N. Y.—T rise to a quest on of order. Task the Chair to rule that this House has no riyghi by auy legislation or attempted legislation here to interfere with the constitution or the provisions of the constitution of any State. The The € r overrules the point of order, as the gentleman from New York use If that were his preroza- tive he might be ¢atled upon to rule thus on bills which many members regard as not constitutional, aud Which even the Presideat vetoes as not betug constitutional, The Speaker has no right in any leg.s- lative body to rule whether a proposition is consticn- tional, only wue'her it is parliamentary. Its consti- lity affects its merits, and such questions are rided by the House, not by the Chair. n.) of Pa, asked Mr. ity, in the constitution of the ates, or anywhere else, to amend the consti- tate? Stevens whe United tution 0 Mr. & —i find it in the constitution, which savs, “Congress may admit to the United States.” 1 hol! that wnder that Congress may admit tiem in just such shape as Congress pleases. 1 do not fad any diMcuity about that. Mr. RANDALL—I would like the gentieman to go on and give Us his arguinent upon tits point, be some of us here find great di Ity about it Mr. STREVENS—Anybody who needs argument on that point { cannot enlighten, (Laughter. Mr. Ferrey, (rep.) of Mich. desire to know whether my colleague intends that hts amendment. shall prevent t taxation of debts, judgments and cases of action @ne to loyal men’ Mr. STRVENS—I expect them to modify it according to the provisigns of this act. [stated when this bill was postponed faat day that | would sallow full discuss do not want t3 digcuss it myseif, but will leave all the discussion to thé embers who are opposed to the bill, Tintend, however, before the House adjourns to-day, to mote the prdyious ques- tion, so the vote may be taken to-morrow. ** Mr. Brooks, (dem.) of N. Y., gave noticg that he would move the following amentment as an addi- tional sectiog, ee a caed atiention to if whe: er the cote | 71 taen by Mr. st ii furihe? shacted, That act ali eltizene of the United States in named shall be admitted to Mr. Broek addressed the Honse for an hour in op- position to the bill He declared that the amend ment proposed by Mr. Stevens was just as lewiti- mate as the action of the people of the States on the constitutions proposed for them was, If the members of the republican party did not come up tothe amendment just offered by Mr. Stevens it would be the first time that any proposition proposed by the distinguished gentieman from Pennsylvania was not adopted by all the members of his party, including the distinguished member from Ohio mt Bingham), who would yet PAYS to LM 1g oS ‘atc. tates of this great leadet, ~, Paewy Mr. Bixa' sep of Ohfo, remarked that mat statement radicted by the recors ‘nm innu- merable ins ves and the gentleman oaght not to make it, Mr, Reox repeated the assertion. eat the position ens had been Lithwed by lis r in almost every instance, wht r they had been at firstor not. The ame it now offered by the gentieman from Pennsfivania would be another tl- lustration of the rule, “He referred to the resolution of the Obte Legislature presented last Monday by Mr. Van Trump in oppositton to the reconstruction inea- sures of Congress, He also referred to the objec tionable features of the constitutions under which the Southern States were to be admitted, particularly that provision of the South Carolina constitution which makes it compulsory on ail children, white or black, to be sent to the same schools, Mr. Hiasy, (rep.) of Cal, asked Mr. Beck what he would do with the negroes, Mr. Beek replied that he would protect them ag freedmen, as he would protect any person who had not (he capacity to exercise political rights and privi- leges for a great et ee He heid the negro was unlit to hold political rights, and it was an out- rage against ‘he civilization ot the age to place the negro of the South in position to control the white r It was an outrage which he believed the people of the country would ere long wash out. Le declared that the colored people of Kentucky were now better protected and better cared for t they were in any States that are under the Recoastruc- tion act. The object of the pending bill was to counteract the voters of the Northern States in the iy yr, Presidential electio ir. FARNSWoW (rep.) ol sked Mr. Beck whether if the black man would vote the democratic ticket his objection to their partieipating in {le zov~ ernment would not be somewhat modified ? Mr. BRCK—Not in the slightest. . JARFIRLD, referring to the allusion raw! Mr. k to the resolutions of the Ohio Legislature, said that great deference ought to be pald to the opinions of State Legislatures, provided those Legis. Jatures were by their conduct and opinions entitled to respect; and that he would refer to some acts of the Oto Legisiature to siow whether that body Was entitled to the ec enee or contempt of the House, In that eonnecti » referred to the act pre NEW YORE HERALD, THURSDAY, MAY 14, 1868—TRIPLE SHEET. of the constitution; to the act remodeling the police laws of the leading republican cities of the Stato, 80 as to give them a democratic policy; to the act known as the Visible Admixture law, which pro- vides that any man having a visible admixture of African blood tn his veins shall not be admitted to vote, and which subjects every one to be inquired of as to who was his father and who was his mother: whether they were married and lived together, & to the act forbidding any students in the colleges of Ohio, if not residents of the place, to vote; and to the act forbidding the inmates of the Soldiers’ Home at Dayton, Onio, to vote because it was known that they wouid vote as they had fought. ir. GARFIELD allowed interruptions from his colleagues, Messrs, Morgan and Van Trump, in re- feregce to local measures and politics and replied to them, Mr, Rosson addressed the House for one hour in opposition to the bill and declared his be- lief that all these unconstitutional measures, all these mere partisan measures, all these efforts to gustain a party which had been condemned and re pudiated he the people, would fail, and fail foreve and that the im Ament resolution would be e: penned by the House and black lines drawn around ‘hem and around those who had voted for the greatest stab on the institutions of the country. Mr. BROOKS obtained the floor, but ytelded to Mr. Pruyn, who in turn yielded to a motion to adjourn, THE AWARDS AT THE PARIS EXHIBITION. The SPEAKER pcre a petition with accompa- nying papers of Mr. C. H. McCormick asking that the official notice of the awards of the Universal Ex- hibition in Commissioner Beckwith’s report be cor- rected to correspond with the oficial records of the Exposition. ¢ House then at four o'clock adjourned. MISCELLANEOUS WASHINGTON NEWS. WASHINGTON, May 13, 1868, Secretary McCulloch Opposed to the New Internal Revenue Bill. It is reported that tne Secretary of the Treasury 1a opposed to the passage of the new Internal Revenue bill, Mr. MeCullo¢h clagns, it is said, that by creat- ing a new department of Internal Revenue the ‘Treasury Department is deprived of the power of scrutinizing the affairs of the revenue bureau, and that by Iéaving the entire matter in the hands of the Commissfoner a most important aid in compelling the proper management of internal revenue affairs ts destroyed, Announcement of Treaties with Indians. The Secretary of the Interlor has just received two despatches from the Indian Peace Commisstoners, dated the 10th instant, at Fort Laramie, Dacotah, one announcing that treaties had been concluded with the Crows, Arapahoes and Cheyennes, and that the Commission would separate at this point. The other stated that the Commissioners are arranging to remove the Indians now located at North Platte and Laramie to the vicinity of Fort Randall. The de- Spatches are signed by all the Commissioners except Mr. Taylor, Mr. Forney’s Resignation. It Is generally thought Forney has had no intention of resigning, but merely wanted to get a compliment from the Senate in the shape of a refusal to accept his resignation, There is no doubt, however, that it Will be accepted, as a majority of the Senators want to get him out. Among those named as successors to Forney are Lafayette ©. Foster, of Connecticut; J. A. J. Cress- well, of Maryland; General James Brisbin, of Ken- tucky; Thomas L. Tulloch, Secretary of the Union Congressional Committee; William J. McDonald, Chief Clerk of the Senate, Another National Bank. The Carolina National Bank, of Columbia, 8. C., was authorized to do business as a national bank last week on depositing securities for circulation with the United States Treasurer to the amount of $34,000, This makes the total number of national banks at present in operation sixteen hundred and eighty. The First National Bank of Trenton, Mich., has voluntarily withdrawn its securities and has ceased to act as a government depository. The Soldier# and Sailors’ Convention. ‘The Soldiers’ and Sailors’ National Executive Com- mittee met to-night in this city and completed ar- rangements for the convention to meet at Chicago on the 19th inst, The State delegations will organize immediately upon their arriva: at Chicago, and the chairmen report at once to the Secretary of the Na- tional Executive Committee, at the Matteson House, The committee adjourned to meet at Chicago, on Saturday evening, the 16th inst. Ben Wades Prospective Cabinet. On dit that Forney is to be made Postmaster Gen- eral and Fenton Secretary of the Treasury under Wade. Mr. Harlan’s Opinion on tho -Right of Re- moval The following is a copy of an oficial letter ad- dressed by Hon, James Harlan, when $ the Interior, to a prominent gentleman who re strated with him against making a removal in his departmen DEPARTMENT OF THE INT T have deemed it to ve 1m, movala in this department, in the future without admitting the right to call the proprieiy of my in question. When Mr. Smith tor he at once sought and* obtained th pointment of those whom he persona! assistants and associates, have b same and expect to continue to do th Tor, Ju privilese and 1 shall do 80 of course me Secretary of ap- preferred for cess as uh executive — officer requires Any other course would be — suicidal. omicial rule of right should prevail from the President to the smallest executive omeer having control of subordinates. The Presi- it shou! Ot appoint nor retain a Cabinet Minis- r who is his personal choice for the position; and, according to my_ views, a Cabi- net officer could not in seif-re b in ofice a believe tha was not the cho ‘The same rule should maintain between tie heads of departments and the heads of bureaus under his supervision. Yours truly, JAMES HARLAN. Conference of Principals of Deaf and Dumb Institutions, A conference of the principals of the American Institutions for the Deaf and Dumb is now in session in this city, All the most prominent members of the profission are present. It is expected that their deliberations will be followed by results of great Practical value. The teaching of articulation and the various methods of instruction will receive fall discussion. A temporary meeting of the confer- ence was efiected last night. Short addresses were made by the President, Dr. Gallaudet, Mr. Amos Kendell, Dr. H, P. Peet and others, The conferencg was permanently organized tion of Dr. H. P. Peet, of New York, as President, and Rev. Collime Stone, of Hartford, and P. J. Gillett, of Illinois, as Vice Presidents. Valoubie papers on methods of instructing beginnges w read by Dr. Peet and Mr. Gillett, and cazitd forth @ protitable dis- Examinedén of the United States aval arademy—List of Visitors. ‘The fu6flng ia the list of the Board of Visitors * seétel to attend the annual examination of the Enitea States Naval Academy, at Annapolis, which commences on the 0th iiistant:—Rear Admiral Charies 1. Bell, U.S. N., President; Commodore J. P. Greene, U.8.N.; Captain J. R. M. Mullany, U.S. N.; Surgeon Philip Lonsdale, U. 8. N.; Paymaster E. T. Dunn, C. 8 N.j Chief Engineer William H. Shook, U.S.N.; Prof. Charies Davies, LL. D., United States Military Academy, West Point;’ Hon. John Scott, Lieutenant Governor of Towa, and Lucien A. Hagana, Wheeling, West Virginia, Navy Bulletin. Chaplain William J. Salter has been ordered to the Norfolk navy yard. First Assistant Engineers T. G. Smith, Isaac 8. Finney, W. B. Buehler, A. A. Able and PD, P. McCartney, and Second Assistant En- qineers G. A. B. Smith, J. J. Bissett and W. L. Bailie have been ordered to temporary duty In connection with the contract trial of the Pushmataha, TRIAL OF JOHN H. SURRATT. The Application for Ball Argued—Retusal of Judge Cartter to Graut It, WASHINGTON, May 15, 1868. In the criminal court this morning the motion for bail in the Surratt case was argued by Mr. Merrick for the motion and Mr. Riddle in opposition. Mr. Merrick urged the releasé on bail, because Surratt ha been long confined, was suffering in health and needed liberty to raise funds for his defence, The coun. sel for defence, he said, were not voldnteets, but had not received and did not expect pay, for the utmost efforts of Sutratt’s friends could barely raise sum. cient iunds to pay the board of his witnesses during the trial, &e, Chief Justice Cartter refased to bail Surratt, on the ground that the ‘prosecution was ready to proceed at the present term, but that the case had been contin- ued until theanext term, at the instance or at least with the ready consent of Surratt’s counsel, of Ohio to the fourteenth article of the amendments Np sig HY the elec- ! THE INDIAN COMMISSION. Arrival of all the Chiefs and Head Men of thé Brule Sioux—Council Held Between Theue and the Indian Peace Commission—Address of the President of the Commission tothe Indiuns—Last Chance for the Red Skine=The Powder River Country to be Given Up to the Indians and the Military Posts Abandoned when Peace Shall be Declared with All the Tribes of the Sioux—The Treaty Already Signed by the Brules=Synopsis of the Treaty of Pence, Forr LAR Asie, D. T., May 4, 1868. In my letter of the 23d ultimo I informed your read- ers that the Peace Commission were here waiting for the coming in of various bands of the Sioux na- tion, Since then, the Brule Sioux having arrived in Jarge numbers and being represented by all the chief or head men of that tribe, it was determined to hold @ council with them on the 28th ultimo, which was accordingly done, The pow-wow was opened by General Sanborn, one of the seven commissioners appointed by Congress and President pro tem, of the commission. There were present aiso Generals Har- ney and Terry, members of the commission, General Sanborn commenced by telling'the assembled chiefs that they were now offered peace in order to save their nation from destruction; that though they might not believe it, but it was a certain fact that the Indians could not protect themselves from the whites; that the soldiers whom they had been trying to kill were out here to keep the white people from going into their country; that the Indians must have the protection of the President of the United States and his soldiers or their race would ere long disappear from the face of the earth. Furthermore, that if they continued to waragainst the whites they could not expect the President nor their friends among the whites to protect them any longer from the people who were waiting in large numbers for the opportunity to enter their country; that if they continued war thelr territory would be quickly overrun ,by the whites; that military posts would be erected and their game, as well as themselves, destroyed, General Sanborn went on telling them that this was the last effort of the President to make peace with them and save them a country and a home; that if they made an abiding treaty of peace (and he remarked that unless: they were perfectly sincere in these intentions, when ratifying it, it would be better for them to leave it unsigned), they would be protected and fur ad with supplies of clothing and useful articies while they roamed and hunted, and that they would b> supplied with cattle, horses, &c., and implements to work the soil to such as might at any time settia down, build a home and live like the whites, Under the treaty they could hunt while they remain peace and the (re lasted, and when the game w gone they could have a home a porting ‘themselves and children; th: now fully understand that if peace was not n and preserved all efforts to that end on the part of the Uniied States were completely finished. After a protracted interval, during which the chiefs constzted among themselves, aidresses to tie commissioners were made by several of them. Iron Shell, Red Leaf, Swift Bear and others were tle speakers, They declared themselves tired of war, that they gained nothing by it, and begged that their great father at Washington would take pity on their miserable condition and do all in his power for They wanted the posts of Reno, Smith ant Phil Kearney abandoned and the road to the Powde river country closed within one month and ti territory left entirely to them, that the game mig!it again become abundant therein, They expressed themselves as friends of the whites, and wished to be at peace with them. The council with the chiefs was finally concluded with the agreement that they would assemble the next day (29th) to hear the proposed treaty of peace read and sign the same if satisfactory. Accord- ingly, on the following day the commissioners again met the head men of the Brules. The as- semblage was much of the same character as the preceding day. The terms of the treaty of peace were explained to the Indians, and after much talking: and pipe smoking among themselves their grotesque looking chiefs advanced, one by one, aud, after shaking hands with the Commissioners and those of their people present whom they represented on the occasion, the treaty was signed by the chiefs, some fiiteen in number, and representing the whole of the Brule band of Sioux. The treaty of peace recites at length that the United States government will protect tne Indians, who on their part solemnly agree to deliver up to the government for punishment, according to its laws, any wrongdoer of their number who may commit any outrages. The boundaries.of the district set apart for the use of the Indians is then defined; it is the section known as the Powder river couptry—the various tradesmen to instruct the Indians—and the duties of the United States indian Ageut who is to r » among them are then defined; the amount of clothing, &c., that is to be sup- plied stated at tength, The Indians relinquish all right to occupy the territory outside their reserva- tion, and agree to withdraw ail opposition to rail- roads being built. After reciting various regulations the United States then agree tuat within three months after the conclusion of the treaty of peace with all the tribes of the Sioux nation that the mill- tary posts now established in the Indian territory shall be abandoned and the road jeading to them and by them inthe settlement in the territory shall pe closed, There are seventeen articles to the treaty, and the last one states that the execution of the treaty and its ratification by the United States Senate shall have the pt of annuliing all treaties and agreements heretofore made, Lieutenant. neral Win. T. Sherman and Colonel! Tappan, both members of the Peace Commission, will arrive here this Gest perce live out of seven commissioners who will N. here, ‘fhe other two, President of the Commis- i enator Henderson are at present. ained by business at Washington City. Major neral Angur, the Commander of the Depart- it of the Platte, and which embraces this post, here at present and has acied im the absence of neral Shert mission. All th Ga z ylor, the troops stationed here (viz., 8iX com- panies of the Fourth infantry and two companies of the Second cavalry) arg ordered off from here to Wind River Valley, and will leave before the close of the month, It occupies at least a week to get aor letter paper from New Yark, and the latier are scarce and generally stale at that. Mr, Alexander Gardner, of Washington, photo- grapher, has arrived here with ali the paraphernalia, and force necessary to obtain Ikenesses of the Indian. chiefs, groupings, &c., and views of the Rocky Moun- tains, So far he finds it utterly impossibie to per- suade the Indians to allow him to take them, In cases where he nearly succeeded the sons of the forest bolted off when he got the camera to bear om their prot ‘The peace commissioners will leave here in about ten days, and my next letter will give you the far- ther news, THE TURF. The Lexington Races. Lexinaton, Ky., May 13, 1868, The Club purge of $400, two mile heats, for all ages, was ran for to-day and won by Ford’s b. ¢ G. Wo ford, beating Merrill and Lucy Gray, Time, 4:04); and 4:01'5. Merrill was distanced. The winner stood second in the pools. It rained hard during tho day and tt was heavy. POLICE TRIALS, Police Commissioners Acton and Brennan were present yesterday at the trials of oficers for alle neglect of duty and other offences. There were eleven cases in all, none of them Important or In- teresting to any great extent. During the examina- tion of officer Thomas Joyce, of the Forty-fourth pre- cinct, who was charged with too free @ use of the club on the person of a citizen, it was charged that the officer struck the man om the head with his club, whereupon = Com- missioner Brennan took occasion to inform the officer that under no circumstances is a policeman Justified in striking a prisoner on the head, and whenever an olficer was brought before the Board on such & ch ‘and that charge substantiated, he would urge his discharge from the force. If occasion re- quires the use of the club, let the man’s arms or other parts of his body be strncR; but an oMcer must ‘avoid vinbbing a prisoner onthe head. After the calendar was gone through the Board adjourned. Desrerate Font oF A Lunatic.—On Sunday afternoon @ lunatic named Willian Haffee escapes from the Albany County Lunatic Asylum and, run- ning furiously. th hh some streets, attracted a large crowd. Several persons tried to catch him, but the unfortunate creature raued his course di rectly thi the street until he came to the pro- cipitous rocky embankments of Buttermilk Fails. Here he made @ leap into the stream, a dis~ tance of sixteen feet, striking on the rocky bed of tho stream, and thence made another leap over the falls, fallieg into a 1 of water below. Here he was quickly followed by his pursuers, who succeeded in rescuing him from drowning. He was, however, found to be insensible from the effects of his terrible lea) id Was 80 badly injured, internally and other- wise, that it was sup) he would die during the day. He was pli upon a stretcher and conveyed back to the asylum. me Abbany Journal, May Vy Tur Tax ON Lorteries.—The managers in New York, through their agents in ae eae thelr venty-ive to on 0 seemistit vacure & em, twice each day, in 4 tury to U Retort EP poee, poe eunouns of saies of lottery tickets or po fictes made by nes, 4 the records of the Assessor's ofice show that only m out of the seventy-five or one hundred ined have paid the special tax i have given the bonds bien oe by law, subjecting all others who are engag’ in the business of lottery dealers to a penalty of $1,000 and to tinprisonment for a period not exceeding one year, under the 13th section of the act of Congress aps proved March 3, 1805.—Bauimore Amerwan, Mau Lip