The New York Herald Newspaper, September 22, 1868, Page 3

WASHINGTON Meeting of Congress and Ad- journment Till October. NO GENERAL BUSINESS TRANSACTED. THE SECOND TRIAL OF SURRATT. A Plea of Amnesty to be Entered by the Defence. The New York Revenue Frauds to be Investigated. WASHINGTON, Sept. 21, 1868. The Proceedings of Congress—Adjournment ' Until October. ‘The meeting of Congress to-day was short and uneventful. Both Houses were called to order at noon, exactly a quorum answering to their names in the Senate, but only one hundred and five mem- bers making their appearance in the House, This Jacked the requisite number to constitute a quorum by six—one hundred and eleven being considered a constitutional quorum. In the Senate there was no trouble. The line of action had been pre-arranged im caucus early in the day, and consequently every- thing went off smoothly. At the Senate caucus thirty-eight republicans were present, and the sub- fect of entering upon general legislation was fully discussed. It was almost unanimously de- cided that to take up legislative business at this time would be unwise, if not positively pro- ductive of evil to the party, and that the best plan would be to simply meet and agree upon two ad- ‘ditional recesses—one till October 16 and the other till November 10; consequently when the Senate met this plan was proposed and carried with only only one dissentient vote—that of Buckalew, of Pennsylvania, the only democratic Senator in his seat. Buckalew came here because, as he sald to- day himself, he thought it unworthy of his position to resort to small trickery, as well as disrespectful to the Senate. In the House'the radical machinery worked less smoothly, though its success was quite as complete 2s in the Senate, owing to the stupid blundering of the few democratic members who hurried here with the intention’ of frustrating the programme for another recess. Brooks, of New York, charged himself with the task of upsetting the radical game, Dut made a fine mess of it, failing most ingloriousiy. Schenck, immediately after prayer by Chaplain Boynton, offered exactly the same resolution as the one passed in the Senate, and it was quietly adop- ted without a call for division. This should have Deen the time for the democrats to play their strategy, but nota single democrat was on hand, and hence, when subsequently Brooks, Eldridge, Randall and Phelps made their entrée, and disco- vered that really no quorum was on hand, it was too late to undo the damage. It ts not too much to state that had any democrat versed in parllamen- tary strategy been on hand at noon to-day in his Seat the foolish plan for two more recesses might hhave been defeated by a timely call for a division on Schenck’s resolution, the fact of a quorum not being in attendance could have been discovered in time, and the Speaker would have been compelled ‘to declare the factofiicially. This would have neces- sitated a call of the House, and if a sufficient number could not be mustered before noon to-morrow the House would probably have to be adjourned sine die. ‘The mistake, therefore, made by Brooks and Company 4s no trifling one, under the circumstances. Senator Buckalew, of Pennsylvania, tried to remedy the blun- der when the House resolution came up in the Sen- ate, but he was very cleverly overthrown by Anthony, of Rhode Island, and Edmunds, of ‘Vermont, Buckaiew proposed to ask the House whether they really had a quorum, with a view to objecting to pass Schenck’s resolution in case mo quorum really voted in the House. Anthony and Edmunds properly urged that such a thing could not be done, The presumption should be that the House passed its resolution in a proper way, and that afterwards several members had absented tnem- selves, thus accounting for the subsequent paucity of members. The carly adjournment of Congressmen to-day occasioned a general scattering of members on the trains this eveuing, and by to-morrow the national capital will have relapsed into its usual summer dulness, The Georgian Case. The talk about special legislation for Georgia's case has all ended in smoke. Common sense has prevailed over the wild demands of carpet-bag faaticism, and the fact is acknowledged even by the carpet baggers themselves that Congress has no jurisdiction over the subject, inasmuch as Georgia has been admit- ted back into the fold of the Union. To adopt any other theory would be reversive of alt the long proclaimed doctrines of radicals. The government of that State is now placed in the predicament of having a new constitution and an old code. The former authorizes no elections until 1870, The election to the State Legislature of a controlling number of democratic members will be sufficient to defeat any legislation on the snbject of elections, or they will Aix things theirown way. The present officers, State and national, hold under an election authorized by special ordinance, which iso, it is stated, authorizes the present incumbents to hold until 1870, instead of a new election this fall; which the Legislature will not sanction. The question is upon the validity and the force of this ordinance. It wascontemplated that the speediest means of overcoming these doubts would be the ejectment of the democratic members, or at least some of them, from the State Legislature by act of Congress, upon the grounds of ineligibility under the fourteenth constitutional amendment. This propo- sition, however, did not meet with favor in any quarter, and was necessarily abandoned. If things do not go right in the meantime there will be a more harmonious action on the part of the Southern amembers next month. The New York Internal Revenue frauds. ‘The indications are now that the alleged internal revenue frauds will be thoroughly sifted and freely ‘ventilated, as it is understood that as soon as Judge Fullerton 1s prepared the examination before Com- missipner Guttman will proceed to a termination, re- @ardiess of consequences, The trutn is to be elimi- ted, no matter how exalted the public officer may [be who shail be implicated. When the ease was {Postponed by the telegram from the Attorney Gen- yeral’s office disavowing all knowledge of Binckley’s @uthority to prosecute it will be remembered that the Secretary of the Treasury telegraphed to Attor- mey General Evarts requesting him to select counsel to aasist District Attorney Courtney in the investigation, Mr. Evarts came on here without having made any such selection. With- in the last day or two, howerer, certain friends of the President, who have mterested them- selves to procure a thorough ventilation ef the cor- ruptions known to exist in the collectton of the internal revenue tax in New York, recommended Judge William Fullerton to Mr. McCulloch and the President as a suitable lawyer ior the purpose, highly extolling his legal atiainments, avbility, evergy and incorruptible honesty. Their racom- mendations were concurred in by Mr. Evarta, and Judge Fullerton was retained. Mr. Binckley was in- structed to proceed to New York and place in Wr. Fullerton’s hands all the evidence he has collected. The Judge wiil have the sole management of the case, aud will probably be assisted by Mr. Binckley. It is understood that Mr. Courtney will have nothing % do with it, though the manner in which he is to be disposed of has not treuspired, Judge Fullerton, it ts said, has in his possession an extensive budget of documentary evidence, as well as the clues to a large number of Interesting witneases. A great deal of the evidence in the hands of the government relates expressly to the doings of the Metropolitan Board of Internal Revenue, and if the hands of justice are not fettered NEW YORK HERALD, TUESDAY, SEPTEMBER 22, 1868.—TRIPLE SHEET. ‘with golden bonds New York may have an exposi- tdon which for richness will exceed any that the Con- gressional smelling Committees ever produced. Why Supervisors Have Not Been Appointed Investigation by a Congressional Commit- tee. The Committee on Retrenchment had a meeting and determined to investigate the reasons why the Supervisors ordered by Congress have not yet been appointed; also what are the character and extent of the frauds charged by Mr. Binckley and others as having been com- mitted in the Revenue Department, and if the charges are not true the reasons why they have been made and the names of the persons who instigated them. A sub-committee was appointed, consisting of Messrs. Van Wyck, Benton, Halsey, Jenckes and Edmunds. The committee will commance its inves- tigations to-morrow, Internal Revenue Appointments, ‘The following gaugers have been appointed:— - pai? Bente, Vist reapigh of Penney reaniai lames K, Lioyd, Nin' trict of Kentucky; George Corwine, Twelfth district of Ohio, siohier da The following storekeepers have been appointed:— Isaac Rosenbourgh, New York city; Michael Mad- den, St. Louis; Joseph P, Wilkinson, St. Louis; Wil- liam H. rs, Virginia; Frederick T. Reynolds, William 8. Nock, L. Barentzer, Edward P. Calvert and William L. Ross, Covington, Lat Joseph Arm- strong, Ohio; John KR. Magruder, Baltimore; Wright sult ad Inspector for the Sixth district of General Grant to Return in October. General Rawlings to-day received a letter from General Grant, who is still at Galena and will not probably visit Washington before the middle of October, Major General Howard and the Ku Klux “ Klan. Major General Howard to-day called on the Secre- tary of War, and was in consultation with him for more than two hours. The General was giving in his experience whilst amongst the Ku Klux Klan and reporting the result of his recent tour of inspeo- tion through the Southern States, Investigation of the Olmstead Frauds. The Post OMice authorities were to-day investiga- ‘ting the defgication of Disbursing Clerk Olmstead. The amount unaccounted for on the books is $47,000. Olmstead has not yet been arrested. Bonds Issued to the Central Pacific Railroad. The Secretary of the Treasury to-day ordered to be issued to the Central Pacific Railroad Company $1,120,000 in bonds on account of the completion of thirty miles of that road, extending to the two hun- dred and ninetieth milestone east from Sacramento. The bonds bear interest from September 19. The Late Republican Procession in New Orleans. The following correspondence has just been made public:— WASHINGTON, Sept. 12, 1868, COMMANDING GENERAL, Department of Louisiana, New Orleans:— Brevet Major General Hatch, Assistant Commis- sioner of the Freedmen’s Bureau, reports there 1s danger of an assault upon a torchlight procession in New Orleans to-night. You will so dispose and em- ploy the troops under your command as to prevent such assault and preserve the peace. Please ac- knowledge the receipt of this despatch, By command of General GRANT. J.C. KELTON, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF LOUISIANA, New ORLEANS, Sept. 12, 1868. Brevet Brigadier General J. C. KELTON, Assistant Ad- pay GeneragUnited States Army, Wasiington, Despatch recetved. There is no danger, in my opinion, of an assauit upon the procession to-night. ie danger is the negroes will commence a riot, and the public property may possibly be destroyed. I have made arrangements to protect it, and shall use ail of my disposable troops for that Pag Am I to interfere any further than this® The Gov- ernor has not asked for assistance. ROBERT C, BUCHANA: Brevet Major General Command! An application for troops from the Governor was received an hour after the above was sent. WASHINGTON, D. C., Sept. 12, 1868, Brevet Major General R. C, BUCHANAN, Commaud- ing Department of Loulsiana:— Your despatch of this date received and ap- proved. J. C, KELTON, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF Tig a NEW ORLEANS, La., Sept. 14, 1868, per mre GENERAL United States Army, Washing- mn, D. C. 4 As I expected, everything ae off quietly in republican procession on Satu ay night last. ROBERT C, BUCHANAN, Brevet Major General Commanding. The New Orleans Times of the 18th says it has the verbal assurance of General Hatch that no such idea was conveyed or intended to be conveyed as that the dispositions of the troops were rendered neces- sary by the danger of an attack upon the proces- slon. THE FORTIETH CONGRESS. Secoud Session. SENATE. WASHINGTON, Sept. 21, 188, The Senate was called to order at twelve o'clock. The Rev. Dr. Gray, Chaplain, in the course of his prayer, invoked the wisdom and grace needful to support the members in their. public duties, so that whatever course they pursue may meet the Divine approval and the sanction of the whole nation. The CLERK commenced reading the journal, but on motion of Mr. Epmonps, (rep.) of Vt., further reading was dispensed with, Mr. ANTHONY, (rep.) of R. 1, offered the following Senate, the House of resolution:— Resolved—By 1) Representatt concurring, that the President of the Senate and the Spea! of the House of Representatives do adjourn their respect houses until twelve o'clock at noon of the sixteenth day of October, 1868; and that they then, unless otherwise ordered by the two Houses, further adjourn thelr respective houses until the tenth day of November, 1868, at twelve o'clock noon; and that they then, uniess otherwise ordered, further adjourn their respective houses to the tirst Monday of Decem- + 1888, at twelve o'clock noon. On motion of Mr. SHERMAN, (Tep.) of Ohio, there was a call of the Senate, when thirty-four members answered to their names—exact/y a quorum. Mr. ANTHONY stated that his colleague (Mr. Sprague) was not present, owing to iliness. The question was taken on the adoption of the re- solution, which was agreed to by a vote of yeas 43, nay 1, as follows:— YRAs—Messra, Abbott of N.C.. Anthony, Cameron, Cat. tel, Chandler, Conness, Corbett Cragin, Edmunds, Fowier, Frelinghuysen, Harian, Harris of La., Howe, Kellog of La.) McDonald of Ark., Morgan, Morrill of Me. Morrilt of Morton, Osborn of Fia., Patterson of N. H., Pomeroy, son of §. ons, Sawyer of S. C., Sherman, Sumner, Trum- buil, Wade, Warner of Ala., Willey and Wilson, NAY—Mr. Buckalew. On motion of Mr. ANTHONY, at quarter-past twelve o'clock, the Senate took a re for half an hour. At the expiration of the recess the President calied the Senate to order, when a message was ro- ceived from the House informing the senate that that body had passed a resolution fixing the time of adjournment a similar one to that previously passed by the Senate. Mr. BUCKALEW, (dem.) of Pa., desired to offer a resolution. Mr, SUMNER, (rep.).of Mass., inquired whether the Message of the House was not now before the Senate? ‘The PRESIDENT replied that it was, Mr. SUMNER then moved that the Senate concur in the resolution, Mr. BUCKALEW suggested that his resolution having been received it was the iirst business before the Senate, Mr. SUMNER was willing It should be read for in- formation. ‘The resolution was then read, as follows:— Resolved, That the House of Representatives be requested to inform the Senate whetber @ quorum of members of the Houne was present at the aitting this day. Mr. BUCKALEW desired to make a statement. Mr. EpMunps objected, saying the question was on concurring in the resolution of the House, Mr, SUMNER noved that the Senate concur. Mr. BucKALEW remarked, in explanatton of his resolution, that he had been in the House of Repre- sentatives and was there in’ormed that there was not a quorum of members tn attendance. Mr. ‘Eomcxps raised the question of order that ob- jection having been made to the Senator's resulution it goes over. ‘The PRESIDENT remarked that if the Senator from Vermont insisted. on his point of order the question must be determined. Mr. BUCKALeW sald that before acting on the resolution of the House it would be proper, if not necessary, to ascertain whether the House was legally constituted. He believed that the ordinary course or usage was for each House to inform the other whether & quorem was present before proceed- ing to business. e Senate had not yet passed such resolution, He su; it was necessary for the House to give notice to the Senate and for the Senate to give notice to the House that a {uorum was pre- sent, otherwise neither Senate nor House could know there was another branch with which they could communicate. He repeated he had been informed «while in the House that @ quorum of that body was not preseat. The PRESIDENT reminded the Senator that this was the continuation of the second session of the Fortieth Congress, and, therefore, it was not required, nor it necessary for the two houses to interchange 8 messages as the Senator had su; . ‘Mr. SUMNER called for a vote on his motion to con- cur in whe resolution of the House. Mr. Epwunps said the Chair was entirely correct. This session was like one that had adjourned over for the holidays or for three days. Each house si. We other had a quorum, and the fact that tie House had passed a resolution was equivalent to the House having sent a message to the Senate that a quorum was present in that body. He begged to be permitted to remind the Senator that it was unusual and somewhat novel for a Senator to inform them aoe another body 3 constieased. into the . YATES, (rep.) of IIL, who come chamber dui tne debate, desired to have his name entered as being presentiwhen the roll was Mr. Pomeroy, (rep.) of Kansas, asked whether that could be done, the Senator not having been present when the roll was called, The PRESIDENT remarked that the name could not be entered on the list of those who responded to their names; but he understood the Senator to ask that his name be recorded as being present to-day, and there could be no objection to that. Mr. McCreery, (dem.) of Ky., also appeared in his seat, maki with Mr. Buckalew, only two democratic Senators present, The resolution from the House was again read, when Mr. SUMNER called for a vote on his motion to concur, Mr. BUCKALEW said he was in favor of hhving everything done decently and in order, and was op- Rosed to any sharp practice in the affairs and con- uct of this government, Therefore he had no hesi- tation in responding to his name when the roll was called, being present, considering his absence would have made no difference in th eventual result upon organization. The Senate had a regular record made up for history, showing its oi ization to- day. He proposed to ask the House of Representa- tives whether they were also properly organ- ized? It seemed to him a little surpris! that any member of the Senate should have an objection to his resolution, having stated, when he offered it, that of his own knowledge, derived from a member of the House itself, that a quorum of that body was The Clerk brought to the Senate be adopted by the no notice that a quorum passed been said that the Senate must receive this resolu- tion from the House as evidence tw show that the House is properly constituted for the transaction of business. This presumption might be accepted in the absence of any other information, but the Senate had other information, and should not confine itself to amere technical presumption. This government ought not to be conducted on @ false presuinption Pope the actual knowledge of those entrusted with its powers. ir, ANTHONY sald it seemed to him that the Senator from Pennsylvania proceeded on the cry that this was a new session of Congress, So far from this it was merely an adjourned session or the fortieth Con It was known that one-half of the business of gress Was transacted without @ quo- rum. What would the Senators think if during a session of Congress the House should send to them @ message asking wi! there was a quorum in that boot He thought, though he did not attribute any such thing to the Senator from Pennsylvania, that it would be considered impertinent. With equal propriety they might ask whether the Speaker had taken his oath and whether members had been admitted to their seats without the proper qualifica- tions. He was quite sure such @ message would be resented by the House. The House had sent the Senate a resolution, If the House passed it when a quorum was not present that was the fault of the House and not of the Senate. Very im- portgnt bills had been passed when a quorum was not present. He had known Indian treaties nego- oar ai only aires. orn were gerd . POMEROY, interrupting him, said, not nego- tiated, but ratitied. Mr. ANTHONY—Yes, ratified. I am not sure they were negotiated when they were in charge of the Senator from Kansas. (Laughier.) Mr. BucKaLew said the House met, and the reso- lution of adjournment was PD agers shortly after the yeas and nays were called, when it was ascer- tained that @ quorum was not present. Mr. ANTHONY replied that when a resolution or a. bill was passed by the House, and immediately aiter it Was ascertained that no quorum was present, tne Senate never inquired whether a quorum was present at the preceding business, Mr. BUCKALEW repeated that the House passed the resolution without a quorum, Mr. ANTHONY replied the House thought it was that body’s own business, and it could send back Jor the resolution, Mr. BUCKALEW added, and in the meantime the Senate can concur in that resolution and adjourn, Mr. EDMUNDS agreed with the Senator from Khodo Isiand that it would be discourteous and imperti- nent for the Senate to inquire into the organization of the tiouse. His friend from Pennsylvania assert- ed that he had personal information that no quorum Was present when the resoiution was passed by the House, on the ground that somebody said that on a call of the roll immediately atterward no quorum voted. But the fair presumption was thata quorum Was present when the resolution was passed, and that some of the meinbers went away. His friend jumped at the conclusion that the House was with- out a quorum when the resolution was passed be- cause there was bo quorum afterward or now. ‘The resolution was then concurred in, when the PRESIDENS declared the Senate adjourned until the 16th of October. Mr. EpMUNDS—We had better inform the House pa we have concurred in the resolution before we ra. * The Senators then separated. Many of them will leave Washington this evening for their homes, HOUSE OF REPRESENTATIVE3, WASHINGTON, Sept. 21, 1863, As the hour of noon approaches the gathering of members in the Hall gives promise that when the roll is called there will not be found any lack of a quorum. The greetings among the Representatives are of the most friendly and pleasant character. All the leading members of the republican side are pre- sent. No democrat as yet (five minutes before twelve o'clock) has made his appearance inthe hall, The galleries are pretty well filled with spectators, except the diplomatic gallery, where there is but one soli- tary person seated. igen | at noon the Speaker’s gavel rapped to order, aud the Chaplain, Kev. Mr. Boynton, opened the proceedings with prayer. He alluded to some vacant places, reminding members that all are “passing away” and that in a short time the account ot deeds performed or ieft undone must be rendered by all. He prayed for Divine aid to See a that they might rightly meet and properly settle all questions that may be presented to them, and so ar- range all things for which they are responsible as to promote the highest welfare of the country, ‘The SPEAKER then announced that the recess hav- ing expired the House of Representatives resumed its session. He said that the journal of the last day's session was in print and if there was no objection its reading wouid be dispensed with. There was no objection and the reading of the Journal was dispensed with. RESOLUTION OF ADJOURNMENT. Mr. SCHENCK, (rep.) of Ohio, then offered the fol- lowing resolution: — Resolved, That. the Senate concurring, the President of the Senate anc the Speaker of the House of Representatives do adjourn thelr respective Houses until twelve o'clock noon, on the With of October, 1868, and that they then, unless otherwise ordered by the two’ houses, further adjourn thelr respective houses until the 10th of November, 1668, at twelve o'ciock noon, and that then, uniess otherwise ordered by the two houses, they further adjourn their respective houses until the first Monday of December, 188, at tweive o'clock noon. ‘The previous question was seconded and the reso- lution was agreed to without a division. The vote showed that there was not a quorum present. ‘The democrats, Messrs. Brooks, Eldridge and Ran- dail, declined to vote. Mr. SCHENCK, asked leave to offer a resolution providing that during the remainder of the second se sion of the Fortieth Congress it shail be ia order to su-pend rules at any uine. ‘Lhe Sv#akeR inquired wWhetuer there was any ob- jection. Mr. BROOKS, (dem.) of N. Y. (walking down the aisie toward Nils seat)—I object. (Laugliter.) Mr. SCHENCK moved to suspend the rules, On a count by the Speaker there appeared to be but one hundred and five inembers present, Teliers were ordered by the Speaker, but Mr. SCHENCK withdrew the motion to suspend the rules. Mr. Se ; « then asked leave to oifer the foliow- ioni— That the Committee on Public Expenditares be directed to inquire into the reasons why the Supervisors of the Internal Ke for in the law of July 20, to ascertain wieiher ernal Revenue part of such officer or of any pe’ vent or Improperiy interfere. with the prom ministration of auch jaws, with the power by'the sub-com- mittee, or otherwise, to sit during any recess of Congross, 10 ‘send for persons and papers and to administer oaths. Mr, SPALDING, (rep.) of Ohio, said:—I object to the introduction of any general business, and 1 object io the introduction of that resolution, Mr. Scnenek—I move to suspend the rules and I desire to state, a8 Chairman of the Committee of Ways and Means, that there is good cause for the adoption of the resolution, Mr. Brooks—I object to any statement, unless there be an opportunity given to reply, Mr. Schencx—Very weil, sir; then T nave no state- ment to make, On @ count by the Speaker the vote on suspending the rules was 91 to @—no quorum voting. Mr SCHENCK thereupon withdrew the motion. After a pause Mr. Schenck asked the Speaker whether the Senate had veen heard from on the matter of adjournment. ‘The Sveaket replied that no message had been received from the Senate. » Mr. SCHENCK then proposed a@ recess for half an jour. Mr. Brooks madethe point of order that less than a — could not order a recess, ‘The SrEAKER suggested that there might be a quo- rum present, as he had noticed several gentlemen not to vote on any division; the genticman himself (Mr. Brooks) was one of them. Mr. WASHBURN®, (rep.) of IIL, that the resolution in to internal revenue matters be offered again, and that @ vote by tellers be had. Mr. SCHBNCK thereupon renewed the motion to suspend the rules. fT. SPALDING demanded the yeas and nays. Mr. BROOKS made two points of order in reference to doing business without a quorum, but they were overruled by the Speaker in an elaborate decision. Mr. RANDALL, (dem.) of Pa., inquired of the Speaker whether it was inthe power of the House to perform any legislative act when a quorum was not present. yd. ied in the negative, reon ‘The SreagEn rep Mr, RANDALL called attention to the fac’ that there Was not a quornm present. ‘The Speaken remarked that it would be disclosed by the yeas and (ays, and if no quorum then ap- Se there could be of course no business rane acte the: After some discussion on this point, at half-past one o’clock a message was received from the Senate stating that the Senate had agreed to a concurrent resolution to adjourn until the 16th of October, 1868, and from then to the 30th of November, 1868, an from then to the first Monday of December, 1868, and. asking the concurrence of the House therein. ‘The resolution was in the same terms as that passed by the House, but Was not a concurrence in House resolution, The vote was then taken by yeas and nays on the motion to suspend the rulea, Before the result was announced Mr. SCHENCK in- quired whether a quorum had voted, ‘The SPEAKek replied in the negative, but remarked that there were several gentlemen in their seats who had not voted, Mr. SCHENCK called attention to the fact that Messrs. Brooks, Eldridge, Randall and others were in their seats declining to vote. Mr. WASHBURNE, of IIL, inquired of the Speaker how many it required to constitute a quorum. ‘The SPEAKER replied that 111 constituted a quo- Tum. At the close of last session there were 224 members on the roll. Since then Messrs. Stevens and Finney, of Pennsylvania, and Mann, of Louisi- ane, have died, leaving oniy 221 members on the roll. os ot ane yo was Lng announced:—Yeas rs. Kel we llogg and Spalding), no quo- Mr. Wasusurner, of ‘n., inquired whether there was any objection to concurring in the resolution of journment sent over from the Senate, ir. RANDALL objected, Mr. MULLiys, (rep.) of Tenn., moved that there be agall of the House so as to bring absent members thin the pale of authority. A call was then ordered and only one hundred members answered to their names, as follows:— Ames, Baldwin, Banks, Beatty, Benton, Binghi Lain Blair, Boutwell, froomall, Buckland, Butler rae te Cake, Collins of Alabama, Clurchill, Clarke of Kan- as, Clit of Georgia, Cobb, Cobiirn, Corley, C. C. Cornell, Dawes, Dewers of North ‘Carolina, Dixon, Driggs, Eckiey, Kdwards of Georgia, Ela, Flot, Ferris, Fields, French o! North Carolina, Garheld, Griswold, Hamilton of Fiorida, Heaton of North Carolina, Hizby, ‘Hill, Hubbard of We Virginia, Hubbard of New York, ngerso Jenckes, Judd, Jullan, Relley, Kellogg of Alabama, Kelsey, Ketchum, Koontz, Ladin, Lash of North Carolina, Lawrence of Ohio, Lincoln, Loushiridge, Lynch, Marvin, Maynard, MoCarthy, “Mercur, Miller, Moore, Mullins, Myers, O'Neill, Paine, Pernam, Peters, Pierce of Aial foland, Prince of Georgla, Robertson, Sawyer, Schenck, Scofield, Shanks, Smith, Spalding, Stevens few Hampshire, Steward, Stokes, Taylor, Thomas, Tift of Goorglay Trumble of Tenneskee, Trowbridge, Tw ‘an ‘Aernam, Van Horn of New York, Van Wyek) Vidal of out: ane, Ward, Washburne of Miinols, Washburn of Indiana, Wastburn of Massachusetts, Welker, Wittemore of South Carolina, Wilson of Obio, Wilson of Pennsylvania, Windom and Wooubridge—100, The democratic members present and not voting were Messrs. Brooks, Eldridge, Boyer, Phelps, Haight and Randall, Excuses on account of sickness of themselves and families were made for Messrs, Beaman, Ferry, Hunter, Shellabarger and Upson. During a pause in the p proceedings and while the action of the Senate on the adjournment resolution of the House was being waited for an amusing pas- sage took place between Mr. Broomall and his col- I ie, Mr. Randall. MALL, (rep.) of Pa., inquired of the ir. BROO! Speaker, with much wity of manner, whether it would be in order for him to move that nis colleague, Mr. Randall, be excused. Mr. RANDALL remarked that the gentleman’s col- — could speak for himself. . BROOMALL—My colleague is not here, at least, in contemplation of law. He is very much indis- to vote. (Laughter.) Mr, RanpaLit—The gentleman’s colleague is not only here now, but will be here in the next Congress, which the genueman will not. (Laughter.) The SPEAKER—A motion to excuse a member who is ia the list of absentees is in order. Mr. BRooMALL—Then 1 move that my colleague be excused on account of his indisposition to vote. (Laughter.) Mr. RANDALI—The gentleman himself is excused on account of the tndisposition of his constituents to vote for him, (Laughter.) Mr. WASHBURNE, of Lil, to Mr. Randall—I am coming back. Mr. BROOMALL—My colleague’s case has not been passed upon yet. Mr. RANDALI—Yours has been. Mr. SCHENCK interrupted the colloquy by remark- ing that a message from the Senate was waiting to be delivered, The SPEAKER stated that the message could not be received while the doors were closed, as they were in the proceedings under the call of the House, Mr. PAINE (rep.) of Wis., moved that ali further proceedings under the cail be dispensed with. ‘That motion was agreed to, the doors were opened and the message received from the Senate announ- cing the concurrence of that body in the adjourn- ment resolution of the House, Mr. SCHENCK thereupon moved that the House ad- journ, ; ‘The motion was agreed to, and the Speaker at ten minutes past one, in accordance, declared that with the concurrent resolution of the two houses the sec- ond session of the Fortieth Congress stood adjourned until Friday, the 16th of October, at noon. The Speaker then left the chair and came Into the area, where for more than an hour he was engaged in a pleasant personal and political conversation with the members, many of whom congratulated him on the twotold luck in store for him—his elec- tion to the Vice Presidency and his election by the lady who js wo share his honors. These congratula- tions he received in the best possible humor and with great apparent satisfaction, He leaves Wash- ington to-morrow ulght for New York. ir manner in which the democratic members were outgeneralied in regara to the adjournment was the source of much amusement among the re- publican members. The adjournment resolution was the first business put through imme- diately after the Chaplain’s prayer, from the length of woich some danger was apprehended, and before any democrat had come into the hall a single objection would, of course, in the absence of a quorum, have defeated it. It is understood in re- gard to the next session, as it was in regard to that Just closed, that it shall not be imcumbent on any members to attend uniess advised thereto by Senator Morgan and Mr. Schenck. Mr. BUTLER, (rep.) Of Mass., presented a petition asking the House to direct the Judiciary Committee to inquire into the breach of privilege of a member in the service of process by Mr. Wooley and by Mr. Kimberly, of Baltimore, on him while on his return from the session of the House, and to report what action ought to be taken to sustain the privileges of the House and to punish their imfringement, which was referred to the Judiciary Committee. THE TRIAL OF SURRATT. Nolle Prosequi Entered on the Indictment for Murder—To @e Tried on the Charge of Cone spiracy. ‘The Surratt case was called in the Criminal Court before Judge Wylie this morning, this being the first day of the special term set aside in May last for the trial. . The counsel on both sides remain as they were at the last term : Surratt being accompanied by Messrs. Bradley, senior and junior (the former as advisory counsel), and Mr. Merrick; while Mr. Carrington, as- sisted by Mesrs. Riddle and Wilson, were present on the part of the government. ‘The District Attorney stated his readiness to pro- ceed with the trial on the second indictment, charg- ing conspiracy, having decided to enter a nollie pro- sequi, if it met with the approbation of the court, in the first, charging surratt wii nurder. He filed a letter from acting Attor: dication of his course in og t, the commuai- cation presenti no advice# in the premises, but leaving it to the discretion of the District Attorney, ‘The Court allowed the motion for a nolle proseq. i, which was accordingly entered, ‘The case Was then called on the second indictment, when the defence stated their surprise at the mo- tion which had been entered to not prosecute the first charge, as thy same into court fully prepared to try. They requested @ postponement until to- morrow, in’ order to make a special plea seiting forth the amnesty proclamation of the Fourth of daly last in defence. Surratt did on the former oc- casion plead not guilty to the conspiracy indictment; 10} but ft was at a time When his counsel had rep sented their unwillingness to engage upon a trial under the new charge, as that of murder was still held. He was then, they assert, acting without counsel, and they now desire to withdraw that plea and enter a formal plea to-morrow. After a short argument the Court said the request feemed reasonable they only asked for one day, and he would grant it. ‘The number of spectators in the court was not large. ODD FELLOWS. Session of the Grand Lodge I. 0. O. F. of the United States. Punctually at nine o'clock the gavel of the Grand Sire called the Grand Lodge to order, The officers, as published in Sunday’s HERALD, were all preseut excepting the Grand Chaplain. Upon a call of the roll of representatives, there not being quite a quo- rum present, the following Committee on Credentials was appointed and a temporary recess declared:—H, 8. Mark, of Wisconsin; F. 1. Blair, of Indiana; F. P. Baker, of Kansas; L. K. Barker, of Mississippi, and J. G. Burton, of Vermont. After a few minutes the committee reported as it, with duly authenticated credentials, repre- sentatives from ali the jurisdictions, a few names only (those oo proxies) varying from the list already published, A communication was then presented and read from the Rey. Ll. D. Will Grand Chaplain, announcing his fllness and inability to be present, when the Grand Sire inted Grana Representa- tive Rev, Charles Perkins, of Mlinois, as Grand Chaplain pro tem, who invoked a fervent blessing upon the Grand Lodge tn its labors. On motion the minutes of the previous session Ming adopted as printed and their reading dispensed A committee of five was then appointed to dr for seats for the representatives, r which varior complimentary invitations were read and accepted with thanks, when the Grand Sire submitted his an- nual report, Which was referred to a special com- mittee. « ding and Recording Secre- The Grand Corresponding tary’s report was then submitted, when on motion it was accepted as printed, its reading dispensed with and referred to the same commitige as Was that of the Grand Sire. By a comparison of the statisucs of the present year with those of the past we observe @ very notple Wucrease iu both the Wemberslip aud finances of the subordinate lodges in almost every feetiotn. the increase in Pennsylvania taking the of on the States, its membership now number- tollowing committees were then appointed:— Cominittee on the Order-—Representatives Stokes, of te State of of Pe lvania; Escavaille, of Maryland; Stuart, of Dis- et ot jumbia; Pages of Wisconsin, aud Fords 3t Manes. inlative Committee—Representatives Garey, of Maryland; Fitshogb, of Virginia; Smiley ‘of Tennessee; Simpson, of Pennsylvania, and Sprague, of Michigan. rresprndence—Re| CO nnuatter Corr Mai Missourt ; Bancroft, of Massachi ‘Thayer. of South Caro- lina; Funk, of Indfana, and Adams, of New Hampshire, ‘Finince— Representatives Seewilliger, of dew yy Yo of Maryland; Bottaford, of Com Com ‘Appeals—Representatives of Pennuyivania; carter of bio, Andrews, of Texas; Kingy sbury, of Maine, an ‘Alabama. ‘Conniticeon Constituions--Representatives Dowden, of Ken- tucky; Driscol, of Rhode Island; Fithian, of Oblo; Hide, of Tenuiessee, and Read, of New Jersey. 4 mittee on Petitions—Representatives Leach, of Towa; Durham, of Kentucky: White, of New York; Dannals, o! California, and Davis, of New’ Ham) Commitice on Returns— niatives Ross, of New Jer sey, Mayes, of Missiasipp; ‘Strong, of Minnesota; Rogers, of litinois, and Harris of Connecticut, Onnmittee on Mileage anl per Diem—Representatives Viele, of Ohio; Ransom, of Kentucky; Force, of New Jersey; Lar tham, of Virginia, and Havener, of Dfstrict of Columbia. Committee on Printing—Representatives McLean, of Dis- telct "of Columbia; Glenn, of Iowa; Foulk, of Delaware; Woodyalt, of 1a West, and Duval, of West Virginia, tee on Grand Bodies not |—Representatives: California; Haupt, of Georgia; Jones, of Ne- ‘of Michigan, ‘and Hayden, of Massachu- ‘on 3 3 ff Kansas; rk ; Bailey, of tata Sf Us wea st Gunniso ask 5 ‘The hour of recess (twelve o'clock) having arrived the members of the Grand Lodge took lunch, and at half-past twelve P. M. resumed business, when numerous resolutions were read and referred, wnich will be furnished when further action is taken. Among theme resolution was adopted that the per diem of representatives while in attendance upon the Grand ige be $6, and the mileage five cents per mile, to be computed by the nearest travelled mail route; and another, that the election of grand officers take place at ten o’clock to-morrow. The Grand Lodge then went into secret session, A KU KLUX SCARE IN JERSEY. Radicals Threatened With Death if They Do Not Leave the State—Attempt to Murder a Liecutenant—The Newark Authorities on the ‘Track. The Newark Advertiser of yesterday gives a lengthy account of the doings of a secret society claiming to be a branch of the Ku Klux Klan in Essex county. For some time past several respectable citizens have been receiving threatening letters surmounted with wood cuts of the implements of death and so worded as to create terror in the minds of those to whom The thing was treated fora long time as @ good joke, but a recent occurrence Prior to the reception of any of these letters Cap- T. Bynner and Van Rensselaer received telegrams “Jos. Plume, Colonel,’’ directicg them to they were addressed. has thrown light on the mystery. tain W. E. Blewett and Lieutenanta G. signed hold their company, of the New Jersey Rifle Corps, under arms tl Bellev: le. The despatches were dated from New York. Ammunition was provided at Newark, the men turned out in compliance with the order, but ind took place, nor was there any evidence of the slightest disorder. Colonel ew York learned of the alarm for the first time, and when matters were ex- pane the despatches turned out to be forgeries. ‘he despatches were then held for investigation. Abatch of threatening letters followed, every one of which was headed by ‘Down with the military” Grant men and niggers were doomed to death; Seymour and Blair were to be supported or their enemies should no disturbance of any Plume on his return from and calling on the militia to disband, Jeave the State within thirty days, The following are a few among the many letters received, with the names of the persons to whom they are addressed appended:— No quarter for you. Down with the military—we'll fix ’em. Headquarters K. K. BENJAMIN BROWN (colored) [SKULL AND Leave that accursed com, fate in sealed. We order you likewise. Kin Kua. K K., 2 D, Essex co., Sept., 68. ROSBBONES.] eo warning in time. thirty days. We are 150 strong and all weil armed, and in- tend to chase all military, all Grant men out and kill’ all nig- gere in Essex. [corrin—co. 1.) Remember—t Adieu! ° K. K. K. Van Rensselaer. Bioody Moon, Seymour and iiatr. Headquarters kK. K. K.,2 D, Essex co., Sept., "48 To Joun Eastwoov:— COFFIN—COMPANY I. tl Headquarters K. K. K., 2D, Essex county, Sept. '68, Bloody Moon—Seymour and Buair. To Jama VAN RENNSELARI:— Disband your gingerbread company. You are hereby ordered to disband before the 15th of Octo- ber, or you are all doomed men, and if you value the lives of your men disband. We will gut you all out; we are 150 strong, and all well armed and can take care of’ you. [OOFTIN—-OOMPANY Tt, Prepare for eternal damnation. Your ‘tre ts tn your own hands, be careful how you use it. Thirty days ts all we give. oa) You and your lieutenants are spotted. Death to Grant men and niggers. Headquarters, K. K. K. Q. D, Easex Co., Sept. "68. To Capt. We.’ BLEWET AND CROSSBONES.) Lieutenant, are you ready for us—the obey his sum . jn had bee you likewise, every man who stays in the compauy after the 15 Oct. (covers OO. He) K. Our gay and iestive devii senda for you, you mu We are 150 strong and can take care of you. Adieu! Headquarters K.K. K.,2 D, Kasex Co., Sept. "68. LOODY MOON.) To Lieut. ¢ Now the most any of the parties c T. BYNNER. at night (September 11), as there would hip bans, be a riot at the Waterworks in .) jail be given to the dogs, y within thirty days or your Your captain is orered to disband or die. "ak We give you 1 pDowe with the Cotary 1 We'll kill every damned one of em, ncerned made of these levers was to style them “gas and bun- 3 See eee a a al RIOT IN GEORGIA. Fight Between Whites and Blacks in Camilla. SEVENTY-FIVE KILLED AND WOUNDED. Four Hundred and Fifty Negroes Under Arms. Avausta, Ga., Sept, 21, 1868. A fearful riot occurred at Camilla, the county seat of Mitchell county, Ga., last Saturday, The following particulars have been telegraphed from Bainbridge, twenty-four miles from the scene of the riot:— “Pierce, the radical nominee for Congress, and Murphy, the ex-Bureau agent, with about two hun- dred negroes armed and equipped, started on Friday for Camilla with three weeks’ provisions and boxes of new arms and accoutrements, their intention be- ing to overawe the citizens. Before starting some friendly negro exposed the plans and a negro courier was despatched to Camilla to inform the citly zens of what was going on. A deputation of three prominent citizens met the mob at China Church, five miles from town. The Governor’s proclamation forbidding armed organizations was read, The mob paid no attention to it and determined to march on, Again the deputation re Monstrated, entreating the negroes to como in without arms and they would not be molested, Their efforts were fruitless to dissuade the negroes, and the mob marched into the town with banners flying and drums beating. They now numbered four hundred and fifty, many having joined them on the route. The mob halted and clamored for a man named Johns. Johns, in company with Dr. Twitty, presented himself, when a hundred guns were lev- elled at them. The former, being intoxicated, fired, and the riot commenced, the mob firing at every one they could see. The citizens, white and colored, rallied, gathering about fifty stand of arms. The mob was vigorously attacked and driven back, and, panic stricken, took to flight. The negroes were pursued five miles, losing thirty-five killed and many wounded. Their total loss so far afcertained was from seventy-five to one hundred in killed and wounded. Owing to the panic among the mob only five whites were severely wounded. The colored citizens of the town are reported to have rallied promptly with the whites in defeating the mob. The stores and muni- tions of the latter were captured. At last accounts Camiila was quiet.” The news of the riot at Camilla caused some ex- citement here. It is known that the negroes are armed throughout the State, but the whites have no serious fears of a disturbance if the negroes are not precipitated into riots through pernicious counsels and violent appeals to their passions, Another Version of the Affair—The Democrats Attack a Republican Mceting—Heavy Loss of Republicans in Killed and Wounded Governor Bullock’s Message to the Legisla- ture—Appeal to the President Tabled, ATLANTA, Sept. 21, 1868, On Saturday last Colonel Pierce, republican candl- date for Congress from the Second district, and Captain Murphy, republican Presidential elector, went to Camilla, Mitchell county, in the southwest. ern part of the State, to speak at a public meeting which had previously been announced. When near the town they were met by the sheriff of the county, who informed them that the people would not allow radical to speak in Camilla. They persisted, how- ever, and on reaching the Court House they and their friends were assaulted by a mob, Colonel Pierce is dangerously shot, Captain Mur- phy is badly hurt, and many more of the repub- licans were killed and wounded, A large majority of the republicans were colored men, who, obedient to Governor Bullock's proclamation of the 14th inst., had left their arms at home. They were beaten and shot down almost without any resistance. Oficial reports place the number of killed and wounded at fifty. Among the victims are a colored woman and her infant. These outrages are being perpetrated all over the State. ‘ Governor Bullock sent strong message to the Legislature this afternoon, accompanied by an official report of the riot from Major Howard, United States Army, commanding the sub-district, and recommending the Legisia- ture to call on the President for troops to suppress the insurrection and enforce the laws of the State. After reading the message the following preamble and resolutions were offered in the Senate and House by the republicans:— Whereas, the laws of the United States prevent the organization of a militia force; and whereas, the civil officers of the State are unable to execute the jaw and maintain the pe ; therefore, be it Resolved, That his Excellency, the President of combe.” But on sunday night Lieutenant Bynner | the United States be, and he is hereby was on his way to his residence in Kearny, when he | gpectfully requested to place at the disposal was knocked down by a slung shot and leit insensi- | of the Governor of this State such military ble, just as he had leit Mr. Little’s house. After the | force from the armies of the ‘United states as lapse of half an hvur he revived and made his way | the said Governor may from time to time call for back to the house. Mr. Litue took @ lantern and | and deem necessary to the preservation of the peace made @ search, when he found Bynner’s hat and | and protection of the rights, lives and property of the cane and nearer the house a pistol, which barrelied revolver and loaded, verse ure scratched a dagger and bullet. “Death to Yankees.’ turn of Bynner to the house put him on his guard, Bynner bears marks of the injuries he received and the matter has been placed in the hands of the Grand Jury. The following despatch was found near Mr. Little's house:— (Mac—] Merten Meet ai old rendezvous to-night. Bring your bus., ONO. Is gto 1x the yor Tuap. he mi will be lighu Pn Re o, KO KS By order, K K, K. K. ©. K. K. K. 8, Young “B.” will never crons the bridge alive to-night. weil. Sunday, Sept. 20, "68. ‘The republican State Committee are in possession of cards handsomely got up in red print, with the letters . K.” surmounting the fiyure of an open hand, with a heart in the centre of the patn The sleepless eye, dagger and other incitements to terror find a place also on the card, which is just (ue size of an ordinary visting card. ‘The police are on the track through Belleville, and from particulars learned last evening suspicion poinss to three men residing In Newark, OBITUARY. Jos! In his native town, Windham, tn the State of Con- necticut, Joshua G. Abbe, one of the members of the present Board of Fire Commissioners, died yester- day morning. Mr. Abbe was born June 17, 1828, and was, at the time of his death, a few months over forty years of age. Though naturally of a delicate organization, his active habits and untiring energy sustained him against the insiduons workings of atl- ments that continually beset him. Up to the age of fifteen ne worked with his father on the farm, when he came on to thia city and entered the store of his brother, where he remained as a sales- man until failing health compelled him to seek @ more congenial climg. He accordingly, in 1x61, took up his residence in Louisiana, where he remained for two years, and then returned to this city and started 4 Lews agency, @ business at that time ey, in its infancy, Agatn ill health compelled him to change quarters and he migrated to Nebraska Territory, then very sparsely populated by white settiers. ‘This was in the year 1866, and hi remained in this distant section of the country for fourryears engaged actively in politics, making any friends and not a few envem! by the course he adopted while a member of the Territorial Legisia- ture, in attempting to have the capital of that State removed from Omaha City toa more Wed central locatien. In 1859 he returned to New York and é: as bookkee and business manager of the New York Dispatch. In this position he con- tinged until 1! when he was appointed one of the Board of Commissioners of the paid Fire Depart- ment, which office he held at the time of his death, Mr. Abbe was ap old fireman, having entered the Volunteer Department when he was quite a young man, by joining Hose Company No. 20. Owing to an accident received ata fire in William street on one occasion he received a fireman’s honorable discharge, but refused to avail himself of it. For about nine ‘ears, a8 member, oMcer, Secretary of the Board of ngineers and foreman, he acted with ability, For some time his failing heaith has prevented him from engaging in very active ernplo; ment, and he has at laat saccumbed to the attac! & digease tat seemed continually 9 hover over bis life. two On the silver mount- ing of one side it is marked “K. K, K."’ On the re- ‘On one side of the butt it is marked “A. J.” or “Q. J.,” the mark being indistinct. On the other is ngraved, ‘That the murder of Hynner was intended is beyond a doubt. Mr. Little was also to feel the wrath of the “brotherhood; but the re- citizens of this State, and for the execution of the laws, orders and decrees of the civil oMmcers. Resoived, That the Governor be and ts hereby re- quested to transmit a copy of this action to the President by telegraph. This was voted down by the Senate and House, and a committee was raised in each body, to whom the Governor's message was referred, and where it will lie buried, RACING AT PATERSON YESTERDAY. Quite a respectable assemblage attended the Pater- son Race Course yesterday to witness a foot race and @ half-inile dash, advertised in the Herarp of Sun- day. It was announced that a contest would take place between the quite famous runners John ‘Thomas, of Newark, and William H. Young, of Phila- deiphia, and this seemed to be the ef attraction and the bets were very numerous and quite heavy. In addition to the above an impromptul one hun- dred and twenty yard foot race, for $25 a side, was made upon the ground between two Patersontans, John McCiellan and Ned Armitage. This contest opened the sports of the afternoon, but turned out to be a fizzle, the start being false and the judges calling a stop, but one of the parties kept on and ra= to the stand, claiming the stakes. It was declared to be “no race,” however .and was ordered over, but McClellan refused to Yun the second time and accordingly Armitage won by a walk over. All bets were declared off and words hot and high passed between the Englishmen who backed Mac and the friends of Ned. The next race was the chief feature of the after. noon, being the foot match between Young and ‘Thomas, for $1,000 a side. The excitement over this race was very great, and it seemed asif everybody on the ground was in for abet. Young was the favorite, although the Newark man led tie odds at first, the latter being also backed by some betting characters in crinoline, Who poked their bills in per- sons’ faces to the great astonisument of the verdant st of the virtuou After considerable delay, and @ number of false starts both the con- testanta started off beautifully, with the Philadel. phian slightly ahead. Thomas lost slowly the whole distance, but kept up weil, Young passing ander the rope but two fect six inches ahead, and winning in 9 minutes and 50 seconds phtest Was a horse race, a half-mile dash, « H. Strong's b. h. Bgotiat, of Paterson, and the 4 8. Spread Bugle, of Phitadelpiia, Egotist was the favorite at odds, while takers were also Plenty to bet even on Spread Bagie. After a false start the match was wou easily by Egotist, the Phila. deiphia horse bolting on the homestretch and taking the ditch, Tine, 51}, seconds, This race was for $250 a side, and was made on the track, the one ad- vertised having been forfeited by the owner of Spread Eagie, who was unwilling to run on the ont- side track, as match on the Was harder and agreed upon, but who made a ne‘ round for tue trotting track, Whic.. ter suited to his animal, ALBANY RACES. Great Trot Between Mountain Boy and Lac Thorn=Lady Thorn Beat ALBANY, Sept, 23, 18¢8, ‘The trotting match on Island Park Course, of thi. + city, between Mountain Boy and Lady Thorn, wh. -t took place Unis aftccuoon, resulted as follows:— Mountain Boy. +1 ao Lady Thorn. Time Owing to the rusus Ye heavy.