The New York Herald Newspaper, May 14, 1868, Page 5

Miness of Senators Grimes and | Conkling. 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 @elay. Last night and Quis 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 instanuy 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 illness 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 4s here, but for no 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 Conviction. ‘The following telegram was received to-day: St. Louis, May 13, 1868. To Hon. J. H. HENDERSON: ‘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. » W. FOX. ‘To which Senator Henderson replied WASHINGTON Crry, D. C., May 15, 1868. To E. W. Fox, St, Loui: Say to my friends that Lam _ sworn to do impartial justice according to law and the evidence, and I will try to do it like 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, wae able to-night to converse with friends, Senator Conkling is confined to his lodgings by sickness. + The symptoms of Senator Howard are not so fa able to-night as they were this morning. more fever. » Itis not true. as reported to-night, that Senators Nye and Morton are also sick. vor- He has Argument of Senator Henderson in Opposie 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. PRrestpENT—On the 21st day of February last the President of the United 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- terimm, in place of Stanton removed, Stanton being directed to transfer to Thomas all the records, books, Fai and other Fee of the Depart- ans hese two acts of the President, varied only in the form of the charges, constitut, fis ces contalued in the first eight articles of fis 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 cons and vioiencé, To prove the existenc “on- spl itself I presume the issuance of the orders named with them as knowledge of a concut- ney myst be chiefly relied on. Our of this assume there is no sat’ f. That the President issued the y can be no doubt, Whether Thee mors there “ --uast Consented, con- gnrved agree! with the President in en a lose orders is a matter “0 ipertance so far ag the President concerned, He is guilty or not gulity. din th Went of Homes on the ‘question of violence removal 6f Stanton 1 fnink proof is wholly ey th, show that the President contemplated thé Hs BFTt, much less that, ‘ne agreed or conspired with Thomas for any suéh purpose, and. it will be observed that under those conspiracy articles it is not enough that the President elf should 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- tieipate in furthering such purpose. I there- fore assuine the correciness of the origmal roposition that the only questions involved in Rie eight articles named are, first, Could the President lawfully remove Stanton; second, could he tawfuily fill the vacancy with an ad interim appoint- ment? And now, as | intend to discard «the President’s claiin of the constitutional of removal independent of law, and hh strictly to the terms of the acts of Congress whatever they tay be, I proceed to examine his power under the laws to remove the Secretary of War on the 2istof February last. On the 7th of Augnst, 1789, the act was passed creating the War Department. The first section of the act declares that the Secretary shall perform and exer- cise such duties as shall from time to time be re- uired or entrusted to him by the President of the United States, agreeably to the constitu tion, to military commissions or to the or naval forces, ships or warlike siores of the United States, or such other matters respecting military or naval affairs as the President of the United States shall assign to said de partment, &c.; and, further, that the Secretary shall conduct the business of the said depaft- ment, avd in such manner as the President of the United States shall from time to time order and instruct. The seeond section provides for a chief clerk, to be secretary whenever the said provincial oiticer shall be removed from office by the Presi- dent of the United States, or in any other cone oof = vecapey. and shall dnring such NEW YORK HERALD, THURSDAY, MAY 14, 1868—TRIPLE SHKEr. a . s have the ch Gt and of all records, aii uld be made under the direction of the peoks ang Baper of the Dey nt, On the 27th of | ebretary of the Bony It could not be taken ey ny tof Foreign Affairs 1 cognizance of by the Senate until it was presented. sions, < ined with Pad similar we ‘The Senator of Indiana, Mr. Hendricks, need not be ‘Tree, 244 on the 2d of September Showing he | in haste to defend the Treasury. When’ he (Mr. Con- co —“ury Department was established with the | ness) wished to attack him he would do it on more ate provision, except that if the Secretary | salient pointa. He hoped the resolution would be shonid removed by the President or a vacancy otherwise occur, the Assistant Secretary, who Was really Clerk, should 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 omcers absolutely is given to the Psesident and was so intended atthe time, The Departments are called Executive Departments. They are required to con- duct’ their affairs as the President shall order or direct, and he is authorized to assign them duties not specified in the acts, wluch duties shall be discharged in the manner directed by him. He is clearly responsible for their conduct, and each one of the acts provides in 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 succeed by virtue of the law, but this was to be a temporary or ad interim discharge of duties to be tei ted. by the successor to = not the tempor occupant, but the etary 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 I find any expres- sion of a doubt on the subject by any statesman or lawyer of that day. Opinions of Leading Radical Papers. [From the Boston Advertiser (radical), May 13.) As we write in entire uncertainty as to what the verdict will be, itis 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- Pltance with their obligation; and that it must be presumed they will decide consctentiously and with a detinite appreciation of the consequences of their votes, We way deplore the dectsion at which they arrive; but thelr 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 Ladys A be avery bad in- vestinent, 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 qrvoneding, and that a Senator Sworn to decide the case according to the law and the testimony may an honest man and a true patriot, wuica- ever way he may vote upon te 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, iave never thought it a vital matter whether andrew Johnson left the White House this month ov 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 agaiust the President Was fuliy 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 uikely to be disappointed. The great obstruction to reconstruction must, it seems, remain in power. The ‘Ireasury thieves are to have a new lease, and the work of démoralization and public robbery is to goon. It only remains for an indignant and out: people to appeal from the Senate to the bailot box; and in taking this appeal and retrying the case at the bar of puvijc 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. ‘Ihe same fate awaiis those Senaturs who have betrayed thelr conntry and their party. (From the New York Evenin; If the majority in Gongreag is wise it will drop just here the whoie impeachment business and on with the other and important matters which demand atiention, It is iinpossible 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, aiter the roceedings of yesterday? Finally, we urge the mem- bers of the court, so grossly attacked and so unlaw- fully solicited, to stand tirm. Let no one resign; let no one promise to “withhold his vote.” That way— and that way only—ies disgrace. The High Court Impeachment was summoned to perform a grav appointment of a cveet be presumed to be Post (radical), May 13.) Ly; and the Senator wuo, as a 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, &c. {Washington correspondence (May 11) of the Chicago Republican—racical.) General Grant, in the presence of your correspon- dent, to-day said tat 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 it nearly a month azo. During the entire conversation the General ex- pressed himself very strongly in 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 u ervice, 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 13, 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 agalnst the ratification of constitutions and the number neglecting to vote, PETITIONS, 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 tnstructing the representatives of Qhig to vote for the repeal of the same, and also against the nrepoeon to Mow) a byrorehinds vote necessary for "Wai i decision of the Supreme Court legal. ea RESIGNATION QF SBORPRANT BORY™ ‘The Cuatr laid Aa the Senate tae fsignation of Jonn W: Forney, Seerglary of (ys Bena, syst onthe arte, (rep-) of Mast, Moved thas it he taia "e tabie. at CAMERO ‘ ected, and imme- Wiately al pa i» “vithdrew hla objection, Mr, SdMNAere ion was adopted, <> Mr. HENDRICKS, (dem.) of Ind., offered a resolution that the resignation 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. stated that the Committee recommends the relief to be extended to some hundred and six persons, being all Yhose in regard to whom suiicient information had been furnished Other names had not been passed upon because of the absence of that infor- mation, though doubtless the persons in question were entitled to relief. 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 me constitu. tions for admission as States. REVISION OF THE STATUTE LAWS, Mr. TRUMBULL, (rep.) of IIL, from the Committee on the Judiciary, reported the following resolu- ar a Ly # they ON) Resolued, That the Commisstoners appointed under the act of June 27, 1886, to pro: ide for the revision and consolidation of the statute laws of the United States, be requested to re- Pott to the Senate what progress has beeh made by them and ow Much time will be retired 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 of Mr. W. Taylor upon gold and silver mines and mining east of the Rocky Mountains as are ordered of the report on mintug by J. Ross Browne, and that they be bound together. He moved to refer to the Committee on NESS, (rep.) of Cal., sald there had been no resolution before the Senate authorizing the printing of Ross Browne's report, and the report had never heen sent to this body by the Secretary of the ‘Treasury, who did not appear to regard this body as of sumicient finportancé to send it. Mr. Conness hoped they would get it at some time, Mr. Hexpricks, (dem.) of Ind., asked what made it the duty of the Secretary of the fveasury to pre- sent that report? Mr. Connras reniied that the law provide the 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 Con, and that he was not, therefore, lable to censure for the failure to send it. The Sen- ator from California (Mr. Conness) could oifer a reso- lution asking for it. Mr. CONNESS agreed that the Secretary was not obliged to furnish it, but he would decline to otter the resolution. He remembered that that gentleman denounced this body as a body of constitution tink- o- 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 a 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 mall 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 tlie Committee on sey: 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 pene and prosperity of the country, which was @ Very unsettled condition, with a Legislature elected, but without authority. Ho hoped the bill would be passed, the people of the aes 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 glad to see all the States recently in rebellion represented here at the eariiest practicable moment consistent with the Peg’ of tfe 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 pus- sibly be mistaken. SHERMAN replied that it did not seem necea- io reter the bill to the Judiciary Committee, which would be the only proper reference; they had the official 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 a ynanimous 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 Judictary 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 Legis- lature, though now in session, had no power until Congress raufled 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. Jonson, (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 change for the better, the only information they had was ym. 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; but on these points Senators might well differ, and he thought the only proper way was to follow the usual course and refer the bill to the Committee on the Judiciary or some ovher 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 constitation, and might satisfy the majority that they had that right, whereupon their votes would be given. No person, controlled by a sense of justice or propriety, woul’ consent to this, and he only men- tioned it to show tiat 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 reison only he had called attention to it Mr. Dixon, (rep.) of Conn., urged the same ci siderations as put forward by Mr. Johnson, that senators do not without con upon the important questions involved in this con- stitution, such as the prouibition for ail time to make 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 tre]; there was not the slightest doubt that Wie bill Would be retained by the Presid at least until Monday, perhaps for ten days, repeated the consideration adduced before in re to the disturbed condition of Arkansas in the sence of all law, since those lately in now powerless ‘and the Legisiature law until Congress would vote to refer the biil to the Juc tee if there was any ner but the only doubt — that to be raised wi in’ regard to the legality of the vote ip Jeierson and. Pulaski counties, which, how- ever, could not change the result, an I that vote was legal beyond a doubt, as had been siown by the ovl- cer sent to investigate the facts. ‘The registers acted under the law of Congress received at the last mo- iment in accepting the votes of those registered any- where in the State. No political object ca be ef- ted by the passage of the Dill, and it couid no farm, while no good could result from He felt the earnestness of the representations zens of that State to hiin in regard to the cou- dition of things there. Mr. EDMUNDS believed after examination that the constitution was in proper form and that the Siate should be admitted nuder it; but in view of tie im- portance of the subject, be would not give excuse for compiaint by hasty action, and thought that ali tie forms shouid therefore be complied with, altiongi he would make all the haste consistent with justice and security. To act upon this matier witiout reference to a committee would be unprecedented; it would be going .back to the times—unsing the word democratic in fis proper sche, They should sq act as to ie ee in regord to the admuisejon of these States, If the bin were Based, pty, Aild Sf the President were removed from office of Katurdat, bis successor woud not be bound by the cdustitdtan to exam- ine it, * 3 Mr. BucKALEw, (dem.) of Pa, called aliention to | the fact that there re ; a aoe ether the suitution Was gaop' ot tr not, polited out the law News which the Senator from Ohio (Mr. Sherman) Giafined the registers in certain places had received its modern, n was umable that that objection would be diminished by the admission of Arkansas. Mr. MORTON renewed his motion for an adjourn- ment to Saturday, Mr. SHERMAN objected, bnt 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. TRUMBCLL disclaimed any intention to delay, and promised to endeavor to have a meeting of the committee as early as possible, to consider the bill, ll motion of Mr, JOHNSON it was referred to em. 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 Wyck, 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 communicate the reports of the several dis- trict commanders as to the the elections on the ratt- fications of the proposed constitutions in Georgia, North Carolina, South Carolina and Louisiana, and for the election of the officers 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 referred to the Committee on Printing. GAUGERS FOR PHILADELPHIA. Mr. O'NEILL, (rep.) of Pa., introduced a bill for the nent of four additional gaugers for the port of Philadelphia, which was referred to the Com- mittee on Commerce, THE ARREST OF COLLECTOR BAILEY. Mr. SCHENCK, (rep.) of Ohio, made a statement in reference to egram inthe morning papers, an- nouncing the arrest in New York of Collector Bailey of the Fourth revenue district of that city, on charge preferred by a detective in the em- pee of the Committee on Ways and Means. je sald 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 occasion, but no particular import- ance, as he recollected, was attached to his testi- mon, WHITEHALL AND PLATTSBURG RAILROAD. Mr. GARFIELD, (rep.) of Ohio, introduced a_ bill authorizing the Whitehall and Plattsburg Railroad Company to construct and operate its road across the land belonging to the United States at Plattsburg, N. Y., and to be snbject to such restrictions as the Secretary of War may impose, and limited to four rols-in width. The bill was passed. THE PUGETS SOUND AND COLUMBIA RIVER RAIL- ROAD. Mr. PRICE, (rep.) of Iowa, from the Pacific Railroad Committee, reported back the bill with amendments: to incorporate the Puget Sound and Columbla 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 ~ ir. 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 apply 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 m bers 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. Robinson, (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 nullities 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. RoBINSON—Will the gentleman from Pennsyl- vania allow me to ask him how he is going to pick out the creditors loyal and disloyal ? Mr. STEVENS—I am not going to do it; but when Anybody claims to be loyal I suppose he will pick himself out. (Laughter) a Ropixson—Then everybody is to pick himself out, Mr. PAINE, (rep.) of Wis., inquired of Mr. Stevens Whether this was an individual amendin of his own or one that came from tue Reconstruction Com- mittee. Mr. STEVENS repiled—It is an individual amend- ._ I discovered this morning that the prope tion with reference to debts embraced all, as well those due to loyal men as those due to reb That of course | thought wrong and propose to ar Mr. PRUYN, )ofN. Y.—T rise to a quest on of order, Task the Chair to rule that this House has no right by any Jegislation or attempted legislation here to interfere with the constitution or the provisions of constitution of any State, rhe SreAKER—The Cha'r overrules the point of order, He declines to rule as the gentleman from New York desires, use If that we! prowa- tive he might be called upon to rule thus on bills which many members regard as not constitutional, aud whte nthe Presideat vetors as not betug The Speaker has rule whether a pro y wuelher it is partis tutionality affects its merits, and such “questions are to be decided by the House, not by the Chair, Mr. RANDALL, (dem.) of Pa., asked Mr. Stevens where he got authority, in the constitution of the United states, or anywhere else, to amend the consti- tution of a State ¥ tional, on Mr. Str —I find it in the constitution, whic says, “Congress may admit to the United States.” hold that Whder that Congress may admit. tive just such shape as Congress pleases, 1 do not ‘any dimculty about that. Mr. RANDALL—I would hike the gentleman to go on and give us his arguinent upon tins point, because us here find great ‘aifhicutty about it, ‘TRVENS—Anybody who n point [ Mich. Mr. FERRY, (1 whether my colleague intends that his amendment. shall prev the taxation of debts, judgments aud cases of action @ne to loyal meny Mr. STEVENS—I expect them to modify it according to the provisigns of this act, as postponed faat Mondg ussion. Tdo not wan 1 leave all the discussion to thé % opposed to the bill, I intend, how before the ( day, to méve the p dyious ques- ay be taken to-morrow. *" KS, (dem.) of N. ¥., gave noticg that he would move the following amendment as an addi- tional sectionj—- ve Bit farhel shacted, That on and after the paswage of this actall citizens of the United States in the States heretofore all be admitted to e . Beck 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 leviti- I stated when this bill that I wouldsallow full votes of ns registered anywhere in the State, was pasded but 8 wy days before the election, £0 that ft eonta have Peervse 0 biNcial notice, aud in fact had none other than a Sgepatch upon which Mr. Buckalew quoted from the report Fal Gillem to thesé pointy,” - °°" SHERMAN replied, quoting again from the re- port of the oMeér who pstigated the alleged Trauds, to tie effect that the regisvers had allowed ersons Lo vole under the act of Congress of Mare just after Cinsultation, and after having received i teiligence of tt. He satd the wh roof regis tered votes was less than thy surpils Voters, 80 tat the result could not be changed. . rer Mr. MORTON (vep.) of IL the oitclal evidence | gould be read ina few minntes, but perhaps it would not be proper to pass the vill to-day, and he shoud refer to have it lay over until Monday, when dont jess It could be p Ml ith & Very Suort thin The character of the remarka of the Senator (Mr. John- son) showed what use would be made of an attempt to pass it torlay, while as a matter of fact the passage of the bill could not be used one Way or the other, and he was sure there was no intention of the kind. As the matter stood he wast in favor of adjourning until Satnreay. Mr. SUMNER made that motion. Mr, MORTON moved that when the Senate adjourn it adjourn until half-past eleven on Saturday, The CHair decided that the motion conid not be entertained unless by nnanimous consent. Mr. Davis, (dem.) of Ky.—Mr. President Mr, SUMNER—Mr. Prosicent, is it in order to m to por the penne, 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 ix that were are (o have @ vote now I am witling. Mr. SUMNER—Very well. Mr. Davis—I do not consult the Senator from Mas- sachusetts, (Laughter,) ir. HARLAN, (rep.) of fowa, rose to correct one or two words; first, in regard to the irregniarity of the vote, because the registers had no oflicial notice of the of the law of March last, when that bill w 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-six, then thirty eight votes would be required to convict and nineteen to acquit, while nineteen would acquit the President how. One other point was, he said jocularly, »bjection having been made owing to the trial on of the President on aeconnt of the absen “sta ewot the Uniow from represeutation. tb ve mate as the action of the people of the States on the constitutions proposed fur them was, If the members of the republican party did not come up to the amendment just offered by Mr. Stevens tt would be the first time that any proposition proposed hy the distinguished gentieran from Pennsylvania was not adopted by all the members of his party including bebe oe member rom ole at Bingham), who would yet paye to yj! M4 tates ut this reat teadcks = DAE 12 TRAE OE ac Me BORE, ston) of Ohio; remarked that that statement Contradicted by the recor innu- pean insiances and the gentleman Oaght not to make it, , Mr, Rkox repeated the assertion efat the position taXen by Mr. Stevens had been Laithwed by his party in almost every instance, whe ir they had been liked at firstor not. The amepdt now oifered by the gentieman from Penns$ivania would be another tl- lustvation of the rule, He referred to the resolution of the Ohto Legislature presented last Monday by Mr. Van Trump in opposition to the reconstruction mea- sures of Congress, He also referred to the objec: tionable features of the constitutions ander which the Southern States were to be admitted, particularly that provision of the South Carolina constitution which makes it compulsory on aii children, white or black, to be sent to the same schools, Mr. Hiay, (rep.) of Cal, asked Mr. Bock what he with the negroes, Mr. BECK replied that he would protect them as freedmen, as he would oe any person who had not the capacity to exercise political rights and privi- leges for a great inany reasona, He heid the negro was unlit to hold political rights, and it was an out- rage against che civilization ot the age to place the negro of the South in position to control the white race. It was an ontrage which he believed the people of the country would ere long wash out, He declared that the colored people of Kentucky were now better protected and better cared for than they were in any States that are under the Reconstruc- tion act. ‘The object of the pending bill was to counteract the Voters of the Rortuern States in the approaching Presidential election. ir, FARNSW ‘H, (rey WL, asker whether if the black Man would vote t n ticket his objection to their partieipating in {lie gov- ernment would not be somewhat modified ¢ Mr. BeECK—Not in the slightest. e Mr. Ganriein, referring to the ailusion mude by Mr. Beck to the resolutions of the Ohio Legislature, said that great deference ought to be paid 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 Ohio Legisiature to siow whether that body was entitled to the confidence or contempt of the House, In that connection he ferred to the act pretending to withdra of Ohio to the fourteenth article of the amendments of the constitution; to the act remodeling the police laws of the leading republican cities of the State, 80 a8 to give them a democratic policy; to the act Known ag 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, &c.? to the act forbidding any students in the colleges of Ohio, if not residents of the piace, 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. Mr. Ganrintp. allowed interruptions from his colleagues, Messrs. Morgan and Van Trump, in re- ference to local measures and politics aud repiied to them, Mr. Roprnson 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- Ppudiated by the people, would fail, and fall forever, and that the impeachment resolution would be ex- ponged 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 yielded to Mr. PRUYN, who in turn yielded to a motion to adjourn. THE AWARDS AT THE PARIS EXHIBITION, The SPEAKBR presented a petition with accompa- nying papers of Mr. C. H. McCormick asking that the oMctal notice of the awards of the Universal E: hibition in Commissioner Beckwith’s report be cor- rected to correspond with the official records of tie Exposition, ¢ House then at four o'clock adjourned. MISCELLANEOUS W: INGTON NEWS. WASHINGTON, May 13, 1868, Secretary McCulloch Opposed to the New Internal Revenue Bill. It is reported that tne Secretary of the Treasury 1s opposed to the passage of the new Internal Revenue bill, Mr. McCullo¢h clagns, it is said, that by creat- ing @ new department of Internal Revenue the Treasury Department is deprived of the power of scrutinizing the affairs of the revenue bureau, and that by léaving the entire matter in the hands of the Commissfoner a most important aid in compelling the proper management of internal revenue attairs is destroyed, Announcement of Treaties with Indians. ‘The Secretary of the Intertor has just received two despatches from the Indian Peace Commissioners, dated the loth 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 18 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, S. 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 Soldiers’ 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 arrivai at Chicago, and the the consent of Lhe State J 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. eral and Fenton Wade. Mr. Harlan’s Opinion on tho -Right of Re- movals. ‘The following is a copy of an official letter ad- dressed by Hon, James Harlan, when Secretary of the Interior, to a prominent gentleman who remon- strated with him against making a removal in his department:— DEPARTMENT OF THE INTERIOR, July 8, 186: I have deemed it to ve iny privilege to m ecretary of the Treasury under re- c do movaly in this department, and 1 shall 80 in the future without admitting the right of any one to the proprieiy of my course ca in question. When Mr. Smith became Secretary of the Interior he at once sought and’ obtaine: pointment of those whom he personally preter: Assistants and associates, f have been doit same and expect to continue todo the same, Suc- cess as an executive — officer requires it. Any other course would be — suicidal. ‘This oficial rule of right should prevail from the ident to the smallest executive oliicer having control of subordinates. The Presi- d not appoint nor retaim a Cabinet Minis- is not his personal choice for the and, according to my views, a Cabi- net officer could not in self-respect remain in office aiter becoming satisfied or having reason to believe that he was not the President’s personal ‘The same rule should maintain between tue is of departments and the heads of bureaus under his supervision, Yours truly, JAMES HARLAN. Conference of Principals of Deaf and Dumb Instit He 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 rece fall discussion. A temporary meeting of the confe ence was etiected last night. Short addresses were made by the President, Dr. Gallaudet, Mr. Amos Kengali, Dr. H. P. Peet and others. The confereneg was permanently organized th tion of Dr. H. P. Peet, of New York, as President, and Kev. Collims Stone, of Hartford, ana P. J. Gillett, of Illinois, a8 Vice Presidents, Valoubie papers on methods of instructing beginnges were read by Dr. Peet and Mr. Gillett, and cajfed forth @ proiitable dis. cussion, ‘ Aunual Examine.qén of the United States Naval academy=List of Visitors. ‘The fx6Wing is the list of the Board of Visitors © ested to attend the annual examination of the Mnited States Naval Academy, at Annapolis, which commences on the 0th ifstant:—Rear Admiral Charles H. Bell, U.S. N., President; Commodore J. P. Greene, N.; Captain J. R. M. Mullany, U.S. N.; Surgeon Philip Lonsdale, U.S. N.; Paymaster E. T. Dunn, U. 8. N.; Chief Engineer Wiliam H. Shook, U.S. N.; Prof. Charles Davies, LL. D., United States Military Academy, West Point Hon. John Scott, Lieutenant Governor of Lowa, 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. H. Able and PD, P. McCartney, and Second Assistant En- gineors 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. ter who position; The Application for Ball Argued—Retusal of Judge Cartter to Graut It. WASHINGTON, May 16, 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 tn opposition. Mr. Merrick urged the release on bat!, because Surratt had been long confined, was suffering in health end needed liberty to raise funds for his defence. The coun. sel for defence, he said, were not volunteers, but had not recetved and did not expect pay, for the utmost eiforts of Surratt’s friends could barely raise sum. cient tunds 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 theaext term, at the instance or gt least With the ready consent of Surratt’s counsel, Pee ug ny the elec. | 3 THE INDIAN COMMISSION. Arrival of all the Chiefs and Head Men of thé Brule Sioux—Council Held Between Theus a he Indian Peace Commission—Address of the President of the mission to the Indians—Last Chance for the Red Skine=Tho 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 Peace, Fort LAR AMIE, 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 Sloux having arrived in Jarge numbers and being represented by all the chiets or head men of that tribe, it was determined to hold 4 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 Prestdent pro tem. of the commission. There were present also 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 acertain 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 their 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 thei to leave it unsigned), they would be protected and furnished with supplies of clothing and useful artices whic 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, Und the treaty they could hunt while they reimained peace and the game lasted, and when the game waa gone they could have a home and the means of sup- porting themselves and children; ut they m now fully understand that if peace was not mad and preserved all efforts to that end on the part of the Uniied States were completely finished. After @ protracted interval, during which tho chiefs consutted among themselves, addresses to tie commissioners were mnade by several ot 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 ther great father at Washington would take pity on their miserable condition and do all in his power for them. They wanted the posts of Reno, Smith and Phil Kearney abandoned and the road to the Powder river country closed within one month and that territory left entirely to them, that the game mig!t 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 commisgioners met the head men of the Brules. The as- semblage was much of the same character as the a ae day. The terms of the treaty of peace were explained to the Indians, and after much talking: and pipe smoking among themselves their grotesque voking chiefs advanced, one by one, and, 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 fi'teen 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 tts 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 country—the various tradesmen to instruct the Indians—and the duties of the United States Indian Ageut who is to reside among them are then defined; the amount of clothing, &c., that is to be sup- plied stated at sength. 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: ‘ulations: 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 anib by them inthe settlement in the territory shall ve 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 effect of annuliiug all treaties and agreements heretofore mac Lieutenant General Win. T, Sherman and Colonel Tappan, both members of the Peace Commission, will arrive here this evening, making ive out of sevea. commissioners who will be here, The other two, N. G. Taylor, the President of the Com sion, and Senator Henderson are at present detained by business at Washington City. Major General Angur, the Commander of the Depart- ent of the Platte, and which embraces this post, is here at present and has acied in the absence of General Sherman for him at the councils of the com- mission. All the troops stationed here (viz., six com- panies of the Fourth infantry and two companies of the Second cavalry) arg ordered off from here to Wind River Vailey, and wiil leave before the close of the month. It ocempies at least a week to get aor letter paper from New Yark, and the latter are scarce and generally stale at that. Mr. Al uwier Gardner, of Washington, photo- grapher, arrived here with ali the paraphernalia and force necessary to obtain likenesses of tae 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 protii The p amis ten days, and my n ther news, oners will leave herein about Jetter will give you the fur- THE TURF. The Lexington Races. Lextnaton, Ky., May 13, 1868, ‘The Club purge of $400, two mile heats, for all ages, was run-for to-day and won by Ford's b. ¢. G. Wol- ford, beating Merrill and Lucy Gray. Time, 4:04 ane 02) Merrill was distanced. The winner stood second in the pools. It rained hard during tho day and the track Was heavy. POLICE TAULS, Police Commissioners Acton and Brennan were present yesterday at the trials of officers for alleged 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 @ use of the club on the person of @ citizen, It was charged that the officer struck the man on the “head with his club, whereupon Com- miasioner Brennan took occasion to inform the oMcer that under no circumstances iceman justified in striking a prisoner on the hy eee whenever an oMcer was brought before the rd on such #& charge, 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 strneR; but an officer must avoid viubbing @ prisoner onthe head. After the calendar was gone through the Board adjourned. DesreraTe FLIGHT OF A Luxatic.—On Sunday afternoon @ lunatic named William Haffee escapes from the Albany County Lunatic Asylum and, run- ning furiously th — some streets, attracted a large crowd. | Sev persons tried to catch him, but the unfortunate creature pursued his course di- rectly through the street until he came to the pre- cipitous and rocky embankments of Buttermilk Falls. Here he made @ leap into the stream, a dis- tance of sixteen feet, striking on the rocky bed of the stream, and thence made another leap over the falls, falling into @ pool of water below. Here he was quickly followed by his pursuers, who succeeded in rescuing him drowning. He was, however, found to be insensible from the effects of his terrible leap, and was so badly injured, internajly and other- wise, that it was sup} he would die during the day. He was y stretcher and conveyed back to the asy! dh ty Journal, May Vi. THE Tax on Lorrentes.—The managers in New York, through their agents in this city, have in their employ from seventy-five to one hundred men, who regularly return to them, twice each day, in books ret for he EP paee, ee oncane of saies of lottery tickets or policies made by thes, #4 the records of the Assessor's ofice show that only m out of the seventy-five or one hundred mea have paid the special taxes, and have given the bonds bn by law, subjecting ail others who are engaged in the business of lottery dealers to @ penalty of $1,000 and to imprisonment for a period not exceeding one year, under the 15th section of the act of Congress ap- proved Marchi 3, 1805,—Batiinore Aineroan, Mau kip