The New York Herald Newspaper, November 2, 1868, Page 8

—. THE BUTLER-WOOLLEY-KIMBERLY TEV-RIDERLY CASE. | 9,0, Decision of Indge Dobbin In the Baltimore Superior Couri—The Motion to Vacate the Writs Diemixred. ber of Congress: Chartes W. Woolley vs. Benjamin F. Butler, and Board Kiniberty and Wittain H, Kimberly vs. Benjamin &. Buller.—These are personal actions, mn- atituted in this court. ‘fhe first is for an alleged false imprisonment of the plaintit by the defendant fo the city of Washington, aud the other is for an alleged indebtedness by the defendant to the plain- tids, grow ng, as was stated in the argument, out of @ transaction which took place at Fortress Monroe, The defendant is @ member of the House of Rep- Pesentativis of the present Congress of the United States, from the State of Massachusetts, and was Seated in Lue cars, passing throngh Baltimore, on his ‘Way to Ls home, immediatel after the adjournment @f Congress, on ‘the 27th of uly last, when the writs of summons, with ajcopy of the de ease, were served upon him by the urn made by that oficer according), ant has now moved the Oourt to dec of the writs and declarations i)! Builities in law, and that the rein May be set aside, vacated and qua Ta deference to the opinion of ( el on both aides engaged in these causes, that they presented Points of unusual public interest s Suspended the operation of th fug the duration of a sume Lstened to an extende eussion; and if, in the opini 3 do not advert to all th ne, it is not b: have not ousidered but because, having carefully done xo, [have ed the conclusion that the case ies within a ‘ower compass then Was assuted in the aration in ¢. bert and i, mom n of e Sherr rtance, I patiently haustive dis- deliver, pressed gre: i zed from arrest, under the sixth Bec- Bion of the t article of the constitution of the United States, and that the term “arrest,”? as thus used, comprehends not only @ restraint of the per- gon but service of @ summons, w Botice of the institution of a suit; and, - _ Second—That independently of the constitutton he 1s privileged from arrest or the service of a summons by the general policy of the law which exempts legis- laiors, suitors, Jurors, witnesses, judges, attorneys and all persons actually engaged in attending toa public duty, while they are so attending, dod in §. jug toand returning from the piace of the per- forimance of that duty, especiaily when such arrest is made in a jurisdiction other than that of their domicil In determining the force of the first of these rea- fons We lave presented to us a naked question of construction of the constitution of the United States, in which we are to be governed by the same rules Which apply alike to that instrument, to State con- stitutions and to public general statutes, The sec Mon in question reads thus:— They (Senators and Representatives) shall | cases, cept treason, felony and bresoh of the penseyie privile from arrest during their attendance at woapective houses and in same, dv. A large pare of the argument was expended In as- eertaining defining what were formerly, and are Row the 2 privileges of members of the british Parlla- Ment; but however instructive and interesting, in a mereiy historical point of view, such an mquiry may Be, tue question here is simply whatis the mean- ‘ig of the word “arrest”? as used in the constitntion, and what was the intention: of the framers of that in- @rument in so asing it, No enlightened mind can easily undervalne the Smporiance to the nation of securing the personal wiendance aud services of those of its citizens who, yy reason of their fitness for the office, may be €bosen to make laws for our government. Not only is this attendance necessary to be se- ured from molestation growing out cf the ordi- Bary transactions of busmess, but it is essential also to guard the persons of public servants from ‘any interference instigated by political avd parti- #an zeal, when the arrest and imprisonment of a Public servant might be accomplished under the gee ordinary ctvil suit, ab a moment when presence at the place of his duty miit be of ihe Highest importance tothe country. Thus far, then, ‘we may be gafe in assuming that the makers of the constitution meant to go, and that they intended By this provision of the constitution te secure the Persone of Sevators and Representatives from any Molestation of arrest, except for the commission of rime. Did (hey mean to go further, and prolubit She Service of any process Whatever pou such pub- ‘Mc servants, though that prov tay operate only as 2 Hotidication o: the institnuon of a suit? The most obvious suggestion of the wind in the @ousidcration of this subject is, that if they did so ‘Mean, it being such & Wide eMlargement of ihe term ‘esed, Wily did they not use words more apt for the expression of that intention? To the co’ tution ts generaily awarded the merit of using ft and well t presentative gov- h only gives pouee, be privileged thy jon, of thelr going to and returning from the chosen phraseology to express i's meaning. At the ‘Sime the instrument was framed, imprisonment for lebé obtained in every State which was to become a riy to it, and the term “arrest? was weil un- lersiood to apply only to the act by which im- risonment was commenced. {t is a legal term technical and definite signiticatio tmaplying @ restraining of the person, and under the canon of Auterpretation which demands that where tecunical terms are used they shali be tiuderstood in their echnical sense, we can apply it only toa volving such restraint. But its techuleal amg conforms also slo tty common signification, for no one is understood to be “arrested!” who is merely notified, What reason can be found, then, for £0 eniarging the meaning of the word as to melude within it roces?, even if such proce: only & potifica- Ten of the commencement of a suit, ‘warning to the party so notified to @ome suture day, in person or by attorne tect his mterests? The ground upon whic’ fension of meaning is claimed is stated to b honld be fr case in- “arrest? service of all legal and a appear at to pro- ‘this ex- that for the public good such persons distraction of private suits in order to be ti @bie tw aitend to their public duties. Thi ‘would have much more favor if we found it to be a ractical reality that Senators and Representatives: jo in fact %) segregate themselves froin the disturb- Pe cares of private business that th sole devotion to their Instead of tne, We carrying ¢ period Of their vocations Whick ¥ The, they import goous, they buy, tue jemselves of through trasted’ age Beports of the in private lice, sei, citner 8, und the ipreme Courtot the United States Will abuudan:ly stow that the most exteasive and Sbsorbing professional jabor 18 periectiy consistent With @ Jalhyal devotion to public leg'slative duty. Nor ist eution to private business at ali incon- sistent with the true theory of ernment such as ours. itis claimed as ong of the — our system that the representatives of She people in our legislative @horen fresh from among their See short pericds of service, and are constantly It surely cOuld not have been the meaning = the makers of the constitution that these repre- sentatives should be so separated from their former Duriness relations to society that the first daty of the elect would be to wind up his affairs, so as to devote humelf wholly to legisiative javor. On the contrary, She manofacturer, from his education and his con- Gove! interest in that branch of industry, isysup- sed to be the better able to take care of snd ad- nce the inveresi® of the nation in that behalf, The active merchant will best know the wauts of mnmerce, asserables are consutuents, and the moet experienced lawyer will the most retiabie counselior tn the framing of Wise laws, This theory do: a@ition that the continued pursuit of these vocations ality for public service, and yet that the transac- me Which they beget shall not be enforced during ‘the period of tliat service, even ff such enforcement may be obtained without withdrawing the public ®ervant from the place of Lis duty. if Unis were not the constitutional lawmakers would have en+ ed the duty of legislation to @ veparate class, Treed from all business relations and the disturb ances and cases springing ther Bot admit the Bu r would at Jeaat have provided that, during his poblic service a logislator should pursue his privaie business. is they have not done. Tf, then, Senators and Representatives taay mann- facture, or buy, or sell and muke ail the contracts ane bind themselves to ail the vbliqations tnciacut o such business, why should they hot be held to legal respousibility for them, tf sach holding does @Q0t withdraw their presence from the scene of wubiie duty; and if they may try law cases as Uy rgoates of others, giving other places than the hails of legislation, why should they not be required to attend ‘Which they tay do by attorney? whd deals with o game right to ento thelr personal pi to thelr own, Every citizen enator or Representative has the the law egainet him that hoe hay agaiost any other individual, except where that Tight is required to be restrained or abridged by the @uperior claims Of the pation at larwe: and as that re. @traint or abridgment ig in de Fight it should be tri the case. (Lewis va. Bi menlorf, 2 Catiett va. Morton, 4 Littell, In the service of the summons, which ia substituted in Pog a for the writ of dapias ad resp wndum, person is made, Wut tho by mere notice of it defendant. Nor does any consequence of per. n follow the disregard of the sum. may Walk into court and out return day of this writ, a® if no such suminons Lad been issued, It ts true that the con Sequence of his disregard of ft may be @ jadgment by Gelauit agwins! him, but this he may avoid by the employment of attorpey. In speaking of the —absenc necessity for — the attendant f @ member of thy tisl of a case in which , Mr. Justice Grier say al tent AnNOt Absent himee waless to the detriment of the puolic, yet It does not necessarily follow that if (his trial proceed tue defendant need be compelied to negiect bis public duties, In coutemplation of law he is already ra art by his counsel, and hia persona Assuming the , that a menber irom his duties not required at the trial practice. We # ure tried in tl and every etver civil ba without 1u@ resence of the partie e ve ail), 1 Wat ce, Jr., 101 It woul then, that awt bo ably Im the Superior Court of Baltimore, Md., on scape @aturday, Judge Dobbin delivered the following de- @ision in the matter of the suits instituted against , General Butler by Charles W. Woolley and Kimberley “ @Brotiier, the pending question being a motion to wacate the writs served upon General Butler on the ground of exemption by virtue of bis being a mem- son” and,Biackstone says, “an arrest must bo by corporeal aeiaing of the defendant's body, after which the sheriff may Bd breaking open the house in NEW YORK HERALD, MONDAY, NOVEMBER 2, 1868—TRIPLE SHEET. tn the terms of the constitution, that as the word “arrest” has now and had, more especially when the constitution was adopted, a definite and well under- stood meanmg, oth tec technical and cominon, witch meaning necessarily implies a seizure of the body; ond, as the necessities of Jegisiation demand ouly that the person and presence of the legislator at the acene or his aid ‘shall be secured by fieedom of his molesiation, aud that the or. oan Sammie from mental care and anxiety, the resuit of his usual business transactions, is opposed to practical reality and 1s fanciful and imaginary; and as the @; emphon of the debtor from the ordinary process of Js in derogation of the common right of the creditor, and therefore should be stricily limited to the — necessity which begets it, there is no warrant, uj eneral reasoning, for enlarging the term narreae ‘ond its usual significance of corporal seizure, tow stands the case, ther, upon authority? Except in one instance, cited at the bar, there has been found no case im which the constitu- tional exemption of Senators and Representa- tivea in Congress has been the subject of direct Judicial construction, That is the case of Andrew McKenna ve. William Sprague, in the Supreme Court of the District of Columbia, instituted and de- cided 1n the present year, the full record of which is before me. In that case the defendant, a Senator of the United States from Rhode Island, being tn Wash- ington in attendance on the Congress of the United States, was served with a summons to appear and answer the sult of the plaintiff for a debt; and he thereupon moved the Court to dismiss the suit, “he boing now and at the time of issuing and serving of said writ in attendance at the Congress of the Unitea States, of which he is a member,’ Upon argument the motion was overruled, and the de- fendant pleaded to the action. Though ‘no opinion of the Court is contained im the record, we can have no diniculty in seeing that the judicial mind was distinetly brought to the considération of the only question presented by the motion, the construction of the constitution in the use of the word ‘arrest.’ Now, when we consider the local Jurisdiction of the Court by which the judgment was pronounced, ip connection with the great importance which the question assumes in that jurisdiction, where every Senator and Representative in Congress is for the Ume resident, and is Hable at fo ‘be sued, and when we est which the whole body of the national Legislature, many of whose members are distin- guished lawyers, Must take in the right decision of a point involving ‘their personal privilege, and when we further reflect that this judgment was pro- nounced by a Court existing only by virtne of a Con- gressional law, ani whose errors of judgment may instantly be corrected as to future cases by declarte tory legis'ation, he must be impressed with the weight of this decision, as one atfecting grave inter- esis, made after solemn argument and quietly acqul- esced in, While the most Careful researclies of coun- sel have failed to bring to the notice of the Court any other authority directly upon the point, some other cases in close analogy to this have been cited und deserve notice here. In Kentucky the State constitution contains a ciause exempting members of the Legisiature from arrest in precisely the same terms used in the con- stitution of the United States. Afterwards an act of Assembly enlarged the privilese by enacting that “no person or persons shall, under any pretence, directly or indirectly, by any ways or means what- ever, arrest, assault, menace or otherwise disturb the person of a member during his privilege, except process for treason, felony or breach of the {tell vs. Morton, 4 Dana, 122, the defendant was a member of the Legislature, and while attend- ing its deliberations a summons and petition for debt were served upon him, and he pleaded his priv!- lege in abatement of the writ. The plea was held bad on demurrer, and the case was taken to the Court of Appeals, In that Court it seems to have been con- ceded that the constitutional exemption from “a rest? did not include the service of the writ of summons and the petition; but it was contended that they were embraced in the statutory exten- sion of the privilege. In their opinion the Court say'—“if the act does include this writ in question it must be under the expression ‘or otherwise dis- turb the person.’ It must be admitted that the ex- preastons of the act are very broad when the words “directly or indirectly” and “by any Ways or means whatever,” are taken into cousideration. But they might be construed to an excessive leagth 80 as 10 embrace the delivery of any unpleasant message, although the bearer of it might be actuated by mo- tives of friendship and favor and delivered notuing but truth, It might yet disturb and agitate the mind, and the execution of ‘a writ like tie pres- ent could do no more; and it might bo as nd i that the former was as clearly included asthe But the act confines this disturbance to the and not the mind atone, and therefore must im some mode of disturoance other than those | fed in the act, of which the sense could there take cognizance and potsuch as might wound tue feclings onty and in its remote consequences dis- tarb eituer the person or property. Indeed it would hardly be proper to construe the execution of legal process which barely notified the member to ap- pear at some future day 7 to answer some legal complaint in a court of justice: within the act, ‘unless it had been expressiy named. Such process may be issued asa matter of right by any citizen, and of course an act which limits It ought to be strictly construed. Ithas been argued that consid. erable inconvenience might resulc from this doc- trine to the members of the General Assembly, be- cause thereby they might be compelled to ittigate their controversies at the capital instead of in thelr proper counti It may be replied that every cit. zen who visits Frankfort and all the other officers of government who do not res.dc here are lable to the same inconvenience; but a more forcible reply will be found in the act itsell, It did not con- template the removal of fature iuconvenience witer the session was over, aud perhaps after the term of service was ended; bat the personal disturb. ance only, to te member, during his official duties. ‘The design of the legislation was to restrain inroads upon the privilege ola member in the modes pointed out, and then, lest the Invention of the turbulent and iil-benaved might resort to some-other mode not specified, but yet as injurious to the member, the words were added, out of abundant caution, “or otherwise disturb the person.” We therefore con- ceive that the service of the process In question “is not within the letter, nor can it be reasonably con- sirued io be within the spirit of the act in question, and the court below did right in overruling the plea of privilege.”? us we see that in this case the Court held not only thatthe word “arrest” did not include @ sum. mons, but that tie spirit and intention of the law of privilege, ven under the use of terms of the most comprehensive signification, did not embrace a pro- cedure which could only disturb and agitate the mind. in the same State, by statute, witnesses are privi- from arrest in all cases except treason, felony and it is also declared by staiuia “a capias requires no bali, actual arrest of the defendant shall be unnecessary,” but reading the writ or giving a nall be good service. In the case of Legrand pedinger, 4 Monroe, 959, the defendant was snea by writ of eapias, in covenant, with an endorsement that no ball was required, The defendant being in Court as 9 witness, pleaded his and the Court allowed the plea and abated the writ, Upon appeal to the Court of Appeals, the Judgment was reveised, the Court waying:—*The siion arises whether the service of process requiring no bail, and to be served by notice, of, a copy of the process, was a breach of the privilege of a witness, The privilege is from ‘arrest.’ Tence it is necessal to inquire what isan ‘arrest’ In law, It is derived from the French arreter, to stop or stay, and signi- fies a restraint of a man’s person, depriving him of hia own will and liberty and binding bim to become obedient to the ruie of the law. Itis called the ‘be- ginning of tmprisonment.’” And after giving the definition of “arrest” from the olden writers, as comprehending necessarily a restraint of the person, they proceed to say:—‘These definitions and com- mettaries upon the words ‘taken,’ ‘capiatur’ (or capios), aod arrest, eXpiain their legal significance. They do not comprevend the service of a process by which no finprisonment, no restraint of liberty, no bail is required, but only a notice or CS the pro- cess. The plea of privilege was insufficient aud should have been disallowed," in the same State, in the case of Hart and others va. Flynn’ executors, § Dana, 191, the Court of Ap- peals construed the , Satute gwhich exempta militia men from ‘arrest,’ sayin ‘arrest signifies a re- straint of the person or restriction of the right of locomotion, which cannot be tmplied in the mere notification or summons on L Asgerg or any other service of #och process by which no bail is required, nor restraint of personal liberty.” And they over- foe the plea ia abatement which set up the privi- ET ine State of South Carolina, in the case of Han- tingdon vs, Shultz and McKena, Harper 452, the con- ona! Court of that State Constraed the stavute which exempts persons attending the Superior Courts from “arrest,”and say: “The question in this case depends upon the act of 1791, which enacts ‘that ali persons necessarily going to, attending on, or returning from the same (referring to the Supe- rior Courts), shall be freed from ‘arrests’ tn any civil action.” Now, what does the term “arrest’? mean? Wood defines it detention of the per. person atiendauce on the priviiege in abatement, order to take him.’ And again he says, “when the defendant fs arrested he must either eo to prison om put in special bail to the sherif.” These au- thorities show that an arrest ig synonymous with actual detention of the person of the party arrested, And does not mean merely g citation or summons. The scope and object of th® act of 1791, too, evi- dently require no more than that the person of the party attending cours shall be free from detention; y be clted or summoned without any de: = person. Blackstone gives an apt illus- the distinction, when he says that “in the the most part, not so much Asya com- ton or summons, tauch less an arrest, can spon a man within bis own walls”? © auluoriliea suificiently show that whenever ord “arres' "as used in @ constitutional or nt, has been the subject of judicial 1, the meaning given to ft is corporal adjudged case a ‘thae been held to have a larger siguilica ‘This brings me to the consideration of the second roporition, which 18 that by the general © public iaw, a8 Applicable to the case of suitors, Jorora, Witnesses, counsel, judges, &¢., Who have Judges, ‘been Leld to be exeraps ftom arrest, and in some cases froin the service of process not involving & re straint o! the person, during their attendance upon court, legisiators also ug fo be exam it, expecially when #uch arrest or serv: rocess: Bt made in & tion other than Tat of Their domicile, Nu- ses have beer cited at the bar in support trine, but it seems to me there 1 @ mani- ne and! tention of tration of Civil law mon city be restraint, and J am not aware of an: olloy of distin a be Taken Deween the authoritw nt a court which, forthe purpose of maintaining the trausaction of its own business, exercises a disere- tionary power to secure the unmolested presence of the necessary attendants upon it, and the case of a representative who claims his privileges upon the terms of an express enactment. In the former the power 18 purely discretionary and has been exercised as variously as ; ant versity of the cases seem¢ # OR necessary tolook at the different regults thee Sex tar ‘be dedu nn Sein, On ad the rane yr Re Bo conan ¢ other hand, In tae case of a Senator am sentative, his privilege is granted by the Peet tion, and the extent of the Foxcuuption must be as- certaulned ae proper construction of that instru- ment. ie exemption by the force of public law ts more wg nine than the terms of the consit- tution and existed outside of it, 1t was not necessar; to define the prises at allin the constitution; if the constitutional exemption is more restricted than that by public law, then it must be presumed that the makers of the constitution intended to deine and restrain, by its provisions, what was before in- definite and largely discretionary. Yo confer upon the courts the to interpret the constitution, not by the plain and easily understood words used tn it, but by a system of s0-called public law existing outside of it, will be to cause them to sit in judgment seal upon the Bub-> ject matter aiready determined in its provisions, aud enlarge or restrict the terms used according to the view the court may take of the everchanging policy of society, and by a pliant judicial Tegisiation read @ plain enactment, by tue light of a public law outside of if, in any sense which nay at the time be deemed expedient. The unreasonableness of such a claim is its own refutation, Nor does the consideration of domicile affect the proper solution of this question. Apart from the statutory enactments of some of the States and the Judiciary act of the United States, which, certain prescribed cases, define m or to what courts sults out of the jurisdiction of the defendant's own domi- cile must be brought or may be transferred, there is nothing Which prohibits & eltizea of the United States from suing his debtor or a tresspasser upon his rights ina personal action wherever he may find ia, Every man carrles about with him his power to contract debis or to commit personal wrongs, and the law holds him accountable for the use of these powers wherever ho may be found, Thi3 right is guaranteed to hima by the second section of the fourth article of the constitution of the United States, the courts of the 5 3 are bound to preserve it in- violat If the position contended for on behalf of the defendant be tenable then no mall carrier, no plerk of a department, no ocer of the army or 0 taxgatierer, none of the namerons hie ower now claimed ile ona public duty. cords of the courts of all the States and of United States wil show that in the numerous sulisto which persons in public ofice Rave been held lable no uch immunity has been availed of, and hence we may fairly prestime, from the absence of such a defence, that it is a Suggestion now imate for the first time, and is yet to be adopted ag a part of our public law. Another consideration earnestly urged in argu- ment deserves to Be noticed, It was sald that no- thing could be conceived “at the present time more fraught with imminent peril to the peace of the Union, great as existing: troubles are, than to have it understood, as the law of the State of Mary- laid, that no Senator or Representative of tie United States can pass through this gateway of the sea’ of government, whether in going to or return- ing from the sessions of Congress, without being sub- Ject to‘have all his controversies, not only with citl- zens of the State of Maryland, but with those of all other States, swept up a3 by a drag nei, and finally taken away from the pro} 4 jurisdiction and trana- ferred to that of the courts of this State.’? If it ls meant by this that the peace of the Union will be imperilled by a construction of the constitu- tion tn Maryland different from that which would be held in other States, then under such construction there might be some ground for the entertainment of fear, “But the consutution of the United States is the same in Maryland that it 13 in Maine, and is to be construed by the same rules in both States. It is the duty of the courts of Maryland to interpret It according to its true intent and meaning, and, the luterpretation being right, 1f, from her feogtap phical position, her courts are used more than’ those of other more remote States, it i# an accident of locality for which she is not respous/ble. Buta more practical answer 1s to be found in the history of the past. The government has been in existence and operation since the year 1787, and the peace of the country lias remained ndisturbed by any such cause as is now presented to our fears, If the liability of Palle oMcers to be sued in their transtt through jaryland had ever (epee @ probable cause of danger to the national even the occasion woul have early arisen to demand the adjustment of the subject upon a safe basis by conservative legislation; and yet we see that no such legisiation has takea place, But to infer that becaus® such suits may e brought, therefore they will be f -quent, aud their frequency would be oppressive to t.1e oicer, and in- furious to the interests of the prdlic, implies that there i@an advantage to the plalatut fn suing his debtors away from his home whicit would lead tim always to avatl of the Pacatantiny todo 80; where. ‘as it is well known that the venue of the sult enters as much taio the convenience of the platntit as it does into that of the defendant; and as, in most eases, the place where the cause of action arose ts the common domicile of both, the mo- tive of convenience to bring she sull in the courts of that domiciie will be stronger oa the plaintiff than any supposed atvantage ‘rom a suitelsewhere. But cases may crise in which the situs of the cause of action 1s not within the douitci'e of either party, and then, surely, there is no more fairness in requiring that the suit shall be brougit im the courts of the domicile of the defendant than in allowing it to be brought within the domicile of org ee or ifthat be not practicavie, in any plac in which the defendant may be found. It is not placing too strong a reliance on the seuse and patriotism of the American pple to believe that when the occasion arises which may demand a resort to the courts of Whatever State the defendant, being a public officer, may be found in, the peopie will await their Judgment with undisturbed ca/mness, demand. ing only that their judgment shell be the result of an honest and impartial application of the law and the constitation, For the reasons 1 have given | am of opinion that the privilege of Senators and Representatives, secured to thera by the coustiturioa of the United States, exempts them only from an actual arrest Md their persons, or the service upon them of such cess as the disregard of which would expose { ond to an attachment for contempt, or other personal Molestacion; and as the writs of summon in these cases involve none of these consequences I shall overrule the motions respectively 1 de an them. MASSACHUSE' rTs. Progress of the Campaign—Den Butler Almost Certain to Bo Elected=Dann’s Tactlewtcas eral Butler Accuses General 'Cilpatrick of Stealing MulesAd Pratorical Challenge. Lywn, Oct, 31, 1868, Aboot the next report of the HgRaLp reporter In this vicinity concerning the campaign in the Fifth Congressional district of Massachuaetts will be an account of an engagement between the divide! radt- cals of Essex county, and it will not be anticipating too much to say that the substance of that record will be a poiltical victory for Ben Butler—a victory more signal, more decisive, and in every sense more of a triamph than any he has ever achieved, either in his legal profession, his varying military career, or his industrious efforts to tmpeach and remove Andy Johnson, To use the words of the great Butler himeelf, “it is all one way, and the meetings under the auspices of the regular republican commitiee of the district are held for the pur- pose of keeping up the enthusiasm of the party rather than on account of any real or fancied fear of the opposition.” However much conserva- tives may lament, however loudly distrustful radt- cals may howl, or however many disgraceful facts or foul slanders may be broug!t ecainst him from any quarter, the matter of Ben Butier’s re-ciection by a majority of 5,000 over all others is a fact which may be safely anticipated. As has beer, before stated in this correspondence, the only real opposition to Butler comes from his own party, and those en- gaged in it are chiefly of that class whom the com- munity im general denominate as oristocrats and snobs. The democrats of the district, to speak in general terms, will go for Butler, for they know, or think they know, that he will be, as hia republican nty assert, & serious stumbling block to the cals and an inveterate enemy of General Grant. The odium which Butler brought down on himself during the closing days of the last Congress did not prove contagious in his own district to such an extent as the democrats and even republicans in distant localities supposed it woul Even Mf there had been symptoms of anpopularity his shrewd manner of managing the campaign would have had the eifect of securing his trinmph in spite of ail the shetia and howitzers and infantry which bis opponents might have brought to bear against him, @ convass was opened by Butler himself weeks before the matter of an election was thought of, aud when tue ree had shown itself the Génoral hat piayod his tramp cards tn nearly every city and town in the district. Whether ho “dealt from the bottom” or “stocked” the pack does not appear; but itis clearly evident that he will take nearly all the tricks, and Dana and Lord will be for- tunate if they are not skunked altogether. ‘The Dana men, not being well up in the game, secured Kilpatrick, of New Jersey, at at expense of two hun- dred dollars per sitting, to blu Butler and his party, nd since the arrival of the cavairy hero the coi teat has been remarkably lively. Before Kilpatrick came Butler had indicated that his hand was a pretty good one, but the New Jersey stumper was not to be tnstanily or easily binifed, and at the bo- ginning of his part in the game he Fasea the Con gressional candi late BS Tue manner in which he did it has already been given in the HERALD in connection with the account of Kilpay rick’s opening address in Salem early in the nero, He pitched into Butler, ae will be remembered, 1 manner at least deserving of admiration in the we of a weaker party bot ur fortunately for my and his employers his sentiments and eloquence di not find a hearty response, for the audience actually did more cheering for Butler thon for Dena, Rygr Bince hie opening in Salem Kilpatrick has gone throne) the cltiys Gropoike Die speech ip wil the important cities and towns, and with about the. saroe harinies3 effect upor Ben as on the occasion of its first delivery fn ‘Salem, The New Youk HERALD Was the oniy paper to give an account of Ripetions movements aud sayings, and when a co] then General Butler he immediate! ft 2000 i che "i a fia aad RENE Pane time, da another p: Genera: or patrick sed an agsembit of about 2,000, But- red with the ay enn 26 aan success, fl! tent occupying near! an acre ol Mes ah fy ng ey '3 audience, plucky but despondent, al had comfortable seats within the modest Lyceum Nall on Market street, Where But- ler spoke there were bontires, rockets and all sorts of pyrotechnics, and where Kilpatrick deciaimed there was an absence of Mluminations of any kind, and his eloquent abuse of the radical Ben received only the most feeble approval in the shape of enthu- siasm. On the other hand, the venom of Butler, when he had fairly uncorked himself, caused his twelve or fifteen thousand hearers to go almost crazy with delight, Long before the General and Con- gressman arrived at the tent it was tilled in evel art and the tudomitanle pe olicemen of Lynn found t far more diffienst to get him safely upon the plat- form than they did to bag the pugilists Wormald and O’Raldwin the day before. ‘fle crowd was so eager to gather around Butler and pledge its support that women and children who were so unfortunate as to be there recelved litde if any mercy, as is shown by the fact that two ladies and one small boy were badly injured, and one of the former probably fa- tay. ‘he writer of ths attempted in valu to reach the platform, and after being passed over the flames of two or_ three hundred lighted torches gave it up in despair. Whea at length Butler had got upon the ele’ vated stage twelve thousand voices un ted in a round of a dozen cheers for him, and when these were ended ae vas a bevy of young ladies who crowded for- ward and gave utterance to a yoo. strain in aut! pation of the good time coming, when General Bu' ler would go to Congress and the country would be at peace, Wien the enthusiasm ineident to his coming for- ard had subsided, General Butler truly remarked tthe eyes of al!’the nation were turned upon the th Codgressonal district of Massachusetts, and son Was because the people dad shown that vere too intelligent to be bullied or intimidated by any oursiders, He then caused the audience to tugh’ heartily at me ridiculous position which he assumed Mr. Da had piweed himself in, after which 4 2p ito reply i caustic terms to what Gener patrick had said of him. He denied ta h ae acteristic way every charge, and, as usual, suuentary’ evidence. Il Kilpatrick's rili- ing, A CORY Pei that he was once disc piined by hima (Butle King credit in an otic report for an ex) lo. irs ‘ormed by another Man, and that he was on ut to the Oia Capitol prison for stealing mules. Concerning the story which Kilpatrick gave that General Grant was op- posed to Butler beiug returned to Conmress, the lat- ter did not detinitely deny, but said that Kilpatrick not seen Graut lately, and therefore he could not speak from any authority, In this respect it may be stated that General Kilpatrick is represented to have said in private conversation that if he can only get a word from tie comin; President the day before election that he is oppose to Butler he is confident that he can defeat his elec tion, Jf sucha statement from the reticent Grant were possibile i: ts doubtful if the etfect would be sul- ficient to dampen the almost uuiversal Butler feeling. Although the election ts close at havd, and the Batler enthus!asin 4 uppermost, the position to him from tne radical aristocracy increases rather than diminishes, aud tha last evideace of this is @ chal- lenge which has been sent this evening to Butler by General Kilpatrick, General Gordon and Mr. Whitte- more to meet them upon the same platform in this city on Monday afternoon and, lace to face, repeat the denials and charges which \¢ has made, Butler has not yet replied, but his friends are contident that he will accept, and unless tue poice intertero, as in the case of O’Baldwin aud Wormald, @ very lively mill Will be the result. LOUISIANA. No Possibility of a Fair ElectionLouisiann Not in the Fight—Roussean on the Situne tion—Vigorous Viows of tae Military Com. mander=He Will Euforce Peace at All Gaz ards. NEW ORLEANS, Oct. 23, 1868, Gencral Roussean has shut down upon the rioting, If there is any move organtved violeuce here or at any other point ta the State which United States troops can reach it will pariako of the character of insurrection and will arise froma causes too far-reach- ing to be controled by & hand ‘ul of military. Imme- diately on receipt of his orders from the Secretary of War, that he was authorized and expected to pre- serve peace and good order, the General command. ing in New Orieans took his measures. In an inter- view given to your correspon lent half an hour since General Rousseau explained lus v.ews and intentions Without reserve, “1 have only a small force here,” he said, “but it 19a compact force and a reliable force, and New Orleans is 80 built that there are two or three aquares that will command the whole city, I have my orders and I intend to act upto them. I will preserve the peace if it costs the life of every an I have and my own into the bargain, I shai paoiish a card declar- lag my intentions. The city 3 quict to-day, Icando Itnow. Whoever provokes or incites or takes part in 2 riot, be they white or black, I shall fire on them; Thate todo it, but Lave my duty to perform and 1 shall perform it’? “What hae brought about this outbreak, General “Impossible to say exactly. There has been great provosation on botii sides and it has been growing ‘up @radually. Por ailtaat may happen hereafter the wuites Wil be largely to blame, tor they have got the negroes fairly scared, and they are going to secretly arm aud organize in spite of all we can do to prevent it.” “There is @ rumor in town, General, that you have discovered a plot of tue "Kk. W. ©.’ to seize on the yermment aris and aimunition, Is that so? a word of traci in fhese hounds have brought about ine trouble by outragiag ail the prin- ciples of free givernwent. ‘They have put dirty, Tous, n be bought up for ten doliars a head into every oftice that they were least qualitied to fil; organized #® police force of 200 niggers and a hundced waites: put this fe.low, Baker, at the hoad of tue rerisication to prevent the people seekin, their wedy throug tie ballot box an now to &.008 tue peop.e dowa because they rise azain ot duty us duty.’ Gene! m mural kw be ection Cntrug aged; 1 c@a and wid keep tu that you will peace with- in boss ah with the civil authorities 20 to then “Civil autho rm re no civil authorities, They hear a pistol shot aud run a mile before they dare to look back. | sliall act as | have doue hereto fore, In such manner as | decta neeessary to preserve the public veace. ‘That ts the drat aud only considern- tion, for if there does come an outbreak this city Will not be worth mach.” “Do you expect, then, General, to have a peaceable and fair elec\ion *” “Tiere will be no election in Louisiana. You can telegraph tant fact. ‘The railica!s will not vote; they dare not, indeed. Whatever show of an eiection there is will be etther & farce or a tragedy. 1 sliail do my best ‘o preveht the tragedy.” In the brief conversation above reperted there is probably wuch which b longs vo the private arsenal of Lovail UL. Kousseau, of Keptucky, pri cltizea of the United States, and whica perhaps | am searcely justified tn publisu Tho 'Xwences of tue mes aud the weight bevonging to Ae views of so gallant & Southern born Unloa moi as Major General Rousseau must be my excuse. General Rousseau’s bold an} already prodaced toe happiest r Tomes, just issued, quoles the repoxt the General to suppress violence by tenes where- ever << however manifested, and say: Nothing Would be more :mentabie than any coatict between ms and tae United States military. At ‘fice tis must be avoided, Let onr peo- pie, therefore, resist every pro ion to violence and stand on the defeus ve. ciab presidents and marsiials ought to hold thelr clubs under proper restratut and enjoin upon thea the strictest regard for peace and order.” Everything that nas happened and te hanpening in Louisiana was ‘foreshadowed to a letier from the northern portion of the State, published in the HERALD of September vw. Savsequeut events have lent additional weight 60 the facis then urged. Since that date, iu Opelousas, Shreveport, Franklin, Bos- sier, New Orleans, St. Bernard, Gretna and Jefferson there have been eleven riots, six assassinations of prominent radicals and four incendiary fires. The Teported list of Killed and wounded foota up over ‘The woreported and unknown would double that amount. Lhe State is truly ina most lament. abio condition, It is kard to look forward to the end. One ay: is clear, however—in the condition things are Loui#iana can cast no yote which can be Adiniited tn the El the result you m: bly Arsangas as weil. vigorous stand has lt Tae evening ulention of tural College, In reckoning up eave Lousiana out, and proba- K ENTUCK Y. The Condition of Bee ety in the Interior of the StateHow Republicans Fare--vhs Negro Population and iow ihey Are Treated, FRANKrORT, Oct. 24, 1564, It may be unjust to ® large and patriotic majority In Kentucky to 2 it, but I mast confess that my visit to several counties in the State has convinced mo that, aa @ rule, in several portions of the inte- flor, It is just about as much as a man’s Ife is worth to be known ag a radical, fa many prrts of the rural districts the radicals, it is true, enjoy their freedom of speech and immunity from ail partisan molesta- tion in ag eminent a deyree ag the democrats; but then these are only thé exceptions to the fule, What would you think of the tol erance of o& place whore, on inquiring to be shown to the readence of some radical, you Would be tld that althourn overtain wuwber of Fadical votes are are saamally found in the ballot box, yet no one dares to e himself known as being ‘one of the Yankee?! vot voters. a suck places Bre mbueAD, , necraeary has a hard time of it. in the dark as to his real sentt- aie prehensive every day of his exiatenco or ather mav hannen to exnose him to Heats ag BH fastens vo mane Ef viglent E oda is but a Prolonged 1e coup i 3 of the in- terior the ex-Union soldier, ler, whether he happens to be “to the manner born” or not, is ere upon as deserving of all the contempt and contumely that can be hea) upon hin, while the ex-rebel soldier ts considered @ hero of’no meen order, who fought in a nobie cause and who is not in the least leas deserving of the admiration of his fellow townsmen because that cause was stamped “‘re- bellion” by the means which gave riso to it Pind the foree which crushed it totheearth. Russellville and, several other places in Warren county are fair sai ples of this spirit which has since the war cat inore than one ex-Union soldier to bite the dust “personal quarrel” gotten up to order, and the men talk the is as ‘we’? Unionists as the “Yankees.” I must repeat, how- ever, hat in many parts of the interior of the State, where the rebel spirit mever had much of a hoid, re- pubiicans are as free to go and come wherever they Please as they would be In New York, and between whom and ticir extreme democratic neighbors there exists a feeling of sincere friendship. Localities where this mutual good will prevails stand out minentiy in contrast with those where the re- Benton is not dead, but sleepeth. Tho negroes in Kentucky, less fortunate than their brethren over the Tennessee border, as every one knows, do not enjoy the pare of suffrage, and as far as my ooservations hey do not seem to be very much afilicted from tt the non-possession of that great )oou—the ballot. Noone who lias travelled, articuarty during tho present campaign, through ‘ennessee and Kentucky can have failed to notice the murked difference between the negro voters of the one and the voteless negroes of the other. In the largo towns in Tennessee you tumble across the blacks lounging about on every corner and every cellar door when the sun shines, and in the low grogzeries and saloons when it docsn’t shine. You cau count them by the hundreds dozing their pre. clos time away in the public squares, in tho welas along the roadside, and generally Pe ae © in their loafing rambles the entire sidew They have a sovereign contempt for work and are extremely insolent in their deportment towards the whiies, Knowing their own importance as an integral part of the great maciine of State government, they are never ut a loss for an opporta- nity to show the disfranchised white people that they are determined to act up to the standard of tt newly acquired position In life in truly lordly style. Retort from a wiiite man to a negro in case insolence is given, especially if the white iaan be alone and the negro with his friends, omy leads to the drawing of a knife ora revolver, Which no colored voter is without night or day, ‘and the white man ia certain to fare badly. Now in Kentucky, in the towns, the aspect of af- fairs is far different. The negroes all work either on thelr own account or for regular employers. It is true they are met in the streets wiichever way you turn, but you do not find them lolling about and depending upon the Freedmen’s Bu- rezu for breakfast and tea. On the contra- ty, they are alway Colne something. 7 wich may be catled work, indeed, 1 ey are not tolerated in loating, 8 are the idlers of Tennessee, and so find it a necessity to be up and doing. They are well treated’ by the whites, who, however, allow of none of that ‘over-dono’ milierity, or rather that pecullar equality which the Northern carpet-baggers Piect in Blow: ws QS for political purpuses, and insolence from a Kentucky negro tu a white man ia a thing unheard of. In tho interior of the nine the negroes are in many instances not treated very tenderly, and are compelled to go “mighty slow,” as they themselves express it, for fear of do- ing aught that might arouse the ire of their white “boss;’ fer be it Known outside the towns, where Justic. dis rather tardy in following up a white man whose only crime is maltreating a colored mau, the shooting of a negro is not considered as a very crimi- nal act, if it be shown that the white man was “in- suited.” ‘Take Kentucky all in all, she is very thor- ouguly “reconstructed,” and will hive Seymour and Bialr 100,000 majority in November and send no 10- publican to Congress under any circumstances, TERRIBLE BOILER EXPLOSIONS. A Locomotive and Three Cars Blowa to Frage ments on the Louisville and Nashville Raile road--Four Men Scalded to Death. {From the Louisville Courier, Oct. 90.) One of the most frightful boiler explosions In the annals of railroading occurred yesterday morning on the Louisville and Nashville Ratiroad, between five and six o'clock, about @ quarter of a mile south of Memphis junction. At flae o'clock P. M. of Wednesday, freight car No. 9, conductor Milton Degrmon, left here for Nashville, behind one of the largest and most gong engines on the Toad—one of those Cent iron monsters the rail- road men call and which can draw almost any weight to ‘which they are attached, Just as the train, which was made = of twenty cars, had got fairly under way after leaving Memphis Junetton, the boiler of the locomotive exploded with a fearful concussion, perigee pieces en- gine, tender and five cars, and instantly killing engineer J, Dezeoteil;"Jerry Huggins, fireman; John Brown, brakeman, and the wood passer, J. Carroll. Jolm Welsh, @ brakeman, who was on one of the forward cara, was 80 badly injured that he died between ten and eleven o'clock, after having been taken to Bowling Green. The engineer was thrown @ distance of fifty yards and his clothing torn from his body. Some of the vic tims fel! on one side of the track, while the others were found lying on the opposite side, all of them scalded and mangled in @ most shocking man- ner. Carroll, the wood passer, was terribly man- gied, part of his skull being torn away and his face distizared to@ mass of tortured flesh and bone. Persons who were on the ground afier the occur- Tence of the accident tel! us that none of the limbs of the victims were tora away, though broken and mutilated, ‘The heavy dome of the locomotive was thrown’ folly a hundred yards, and the massive driving wheels were wrenched from thetr axles as though they had been mese toys, The five first cars, three of which were empty, were smashed to splinters, and the railroad track Was torn up for a distance of 100 yards, while pieces of the wreck were scattered in every direction. The noise of the explosion, it is alleged, was heard a far as Bowling Green, a dis- taco of four and @ half miles, and the shock is de- seribed as terrific, Conductor Deatman and @ brakesman, the oniy remaining men on the train, were in no way injured, having been in the caboose at the rear of the train When the explosion took piace, As soon as word could be sent to Bowling Green, a cial locomotive was despatched to the scene of the disaster, and brought back the victims to that jace, ‘The quarter past one o'clock P. M. passenger rain from Nashville yesterday was yed several hours by the wreck, but the track is now clear and trains are running regularly. Dezootell, the engineer, had formerly been em- ployed on the Nashville and Northwestern Railroa and had pot long been on the gone and Nash- ville road. Jerry Hugyinos, fireman, resided at Bowliag Green, where he had @ family. John Cur- I!, wood pa, was, we believe, a single man anc lived in this ef His brother lett ere by the six P. M. tratn yeste: for Bowling Green, to take charge of his remains. Jonn Welsh and John Brown, brake- men, both lived at Bowling Green, where the latter had # family. Woare not advised of the real cause of the acet- dent, and probab! living Knows just iow it happened. Th left Memphis Junction on time and had only gone a distance of about 8 quar- ter of a mile when the explosion occurred. Es Fxyptosion of a Locomotive on the Ohio and Mississippi Reilrond—Five Persons Killed— Several Wounded, {Prom the Ciueinnat! Enquirer, Oct. 31.) Tu the neighborhood of about twenty miles from uh 4 x ix # station on the Ohio and Mississippi known o8 Gravel Pit, On Tharsday nigat ian ravowe eight o'clock, a special fretwht train that this city at twenty-five minutes ay six a k stopped as that place for ur pose of. taking on wood, Shorty after the uth stopped, while the brakeman was passing the wood aboard the tender, the enginesr olling the engine, the firewan pling the wood as it came aboard, and the conductor and a party of boys Who had gathered about to see tid lo- motive, standing veckne the engine, & power. fu freighs locomotive christened “No, 19" exploded her boiler with @ report that was heard fot mile around and 2 foree that killed the conductor, tir man aud obe of the boys outright and wounded two more of tho boys, who have since died, ‘The engineer and a brakeman fo es Henry Howe, brother of the conductor, were also injured quits severely. So terrible was the force of the exploston that the engine wae shattered jato a thousand frag- ments, some of Which were blown to the Kentucky side of the Ohio river, a distance of nearly a mile, whilo others, large and small, bavo since been picked up all around tie scene of the accident Wwithia a radius of a thousand yards. The wood in tho pile alongside was sent fying in the aif in every direction, and 4 stationary engine, used for sawing the wood, and the louse that enclosed it, were blown to fragments, ‘The conductor, Mr. Mills, was lifted up aud biown against the wood pile, struck in the face and bor with several fragments of the boiler, and so fearfully mangled oud burned by the eacaping steam as to be almost wnrecoguizable, Both legs were broken, his body crashed to @ Jelly, face and neck f shed auld ckullcrashed. “the diteman, John Bui- one, WhO was standing near the fire doors, ina position to feel the full force of the explosion, was also horribly mangled and instavtly killed, His limbs were broken, body covered with cuts and bruises and skull blown off and brains scattered aii over the river side of the water fank. One of tho boys, named Join Smith, son of one of the employes of the road, was blown @ distance of 300 yards eqainet a gravel oank and instantly kiied. He was about twelve years of rother, a few yoara younger, Was also blown long distance, togetner ured that he jas Murphy, and thrown & pile, witch fell with the fying wood, and 80 badly tn has since The other boy, Th years old, was lifted u of Ofty feet inst Aw on his body, completely hiding it from view. He died a few minutes after being taken from the déprie, His ittle brother, about six years of age, was blown a@ distance of forty foot, iato a lob of tall weeds, where he was 8 tterward found, crying lustily, but compara. ri. How the engineer, Me. Gardner, who tively en standin: winin three feet of the engine Pry explod death is a ‘ays Kuocked down ai an eae serio jured in = heaa, shoulder and weary Howe, the brakeman, had his hip and knee crusts and received internal injuries, which it is feared will prove fatal, Several other persons, whose ames we were unable to learn, were slightly bruised | ewes by iy aying fragments, oldest. most reljable stad i watts ih fd a il ch wate tted ee f eaload aig other ac acq Intances. He eaves ‘a wife aud ¢ children, +e reside within a few yards of the he accident, His parents and numerous Teside in the vicinity of Woodstock, Vt. ag to the cause of the explosion is kuowh. THE INDIAN WAR. Hays—Later Official Details of the Fight on Beaver CreckGeneral Carr’s Despntch. Forr Hays, Kansas, Oct. 25, 1808. Thirteen chiefs and warriors of the Osage nation arrived here to-day in response to thé letter of Gen+ eral Sheridan to those people sent about ten days since, The object in securing the services of these Indians is to act as scouts in the country toward the south, Two hundred ot these people were invited to enter this service, and those who are now here pros pose holding a talk with the General and learn pre ciscly what is wanted of them before the remainder come on, All seem anxious to have a brush with the Cheyennes and they say that they will show the General what they can do, The names of those now here are:— -pa-jeu-kaw (Little Beaver), second chief of the Osage nation; Wen-tsi-kee (Hard Rope), chief coun- selor of the Osage nation; Ball Pry, an Indian speak- ing English; Wa-la-hoo-veh (Little Buffalo Head); Koo mancha (Lrotter); Wes-tsa-ba-che (Sim); He» ma-ha-ka (Toby); Was-tsa-be-ciun- O-pah-teu-ka (Big Ale Wa-hou-ka (Little Butlalo); O-pa-lel-ia, aud Guizot Choutean, interpreter. These Indians are physiclally a fine body the chief of the party standing over six fee very large muscular development. Tho others are so tall and well built. Their costume is entirely Indian, Paint, ornaments and gaudy colors pre+ dominate. In erming these men the generat gives them the chvice of selecting the Spencer carabine or the United States improved ‘rit or needle gun, as it is sometimes called, Aiver ex perimenting in these arms the decision unanimously made by the Lidians was in favor of the needie guns. n their trial they made some excellent shots and were sreativs surprised at the long range of the we: pons. It will be several days Batons she Barer wile be mounted and started on the war-path, Detailed oiticial intelligence received from Brevet ldentenant Colonel L. H. Carpenter, dated at Foi os Wallace, Kansas, October 22, 1868, in relation to tl recent engagement with the Indians on andl creek, states that on the 14th inst. the command let Fort Wallace and was composed of Combaries H anc I, venth cavalry, 115 men, commanded by Brev Lieutenant. Colonel L. H, Carpenter, commandiny exjedition; Captain G, W. Graham, ‘First Lieuten: auts Charles Bauzhaf and ron J. Amick Second Lieutenant Orleman. ie purpose of t! expedition was to escort Brevet Major General HB. A. Carr, Major Fifth United States cavalry, to h. commend 1n the field, supposed to be operating ot the Beaver. The first day’s march covered a dis¢ tance of twenty-two miles, encamping the anh night on the south fork of Smoky on Custex’s aie On the 15th the column reached the Beaver and: turned down ihe stream about ten miles, paaring: i a northeasterly direction forty mules, fag day following the 16th inst. the column jee aloug the Beaver @ distance of thirty miies, tindiny no game, but pursuing @ very large indian trail tending in the direction of the Tine of march. Uj reaching a point twenty miles east of Custer’s trait the Indian trat! struck off from the Beaver and was found ‘aking the direction of the Short Nose creekd ‘The indications presented by the trail led to the conc.usion thab it was about two weeks old; it was, however,ffound that an immenso number of aninais had passed over it. On th 17th ead the column resumed its marchg stu! continuing in a@ northeasterly direction. Thi distal mare.ed this day was twenty miles over ; rewarkably rough country. More tumber than usu! ally jouud in that seccion was seen, and sufiicient water to accommodate the command, Early on th morning of this day, First Lieutenant Myron J; Ani ck, Tenth cavairy, with ten men, accompanied by Sharp Grover, the post scout, was detached frong he columa With orders to proceed to the south examine the Short Nose creek, and to discover whether any traces could be seen of the Fifth cavair trail, Lieutenant Anick scouted the country to! thirteen miles without success in the object of his movement, and rejoined. Re column. This service was {n'l of danger, a8 the subsequent development of the Indian strength and position displayed. After thus thoroughly exaninu the ‘country in the region of the Beaver General Carr felt satisfied that his command had not been there, and gave it as lus view that it would be useless to remain in that section any longer, The next morning, October 1: Captain George W. Graham, with two men, moved down the Beaver, with a view to making a personal examination of tlie country prior to the return marcla of the command, Scavcely had Captain Graham pros ceeded a quarter of a mile from the cam} = in twens) ye ve Indians appeared over a hill in ar an dashed wildly alter bin, with the design, erdenity ol cutiing off lis retreat to the camp. The Indian: fired rapidiy as they approached, three of the! buliets penetrating Captaia Graham's clothes, butin' flicted no bodily injury. By dint of a hard race wit hs animals, Graham and his two companions reache the bed of the creek closely pressed. Here the ni ture of the ground enabled nem to open fire on the savages, In this running fight one horse was kik and one captured by the savages. It was now vel evident that the Indians were in tho vicinity, ane that (ie movements of Carpenter's column had bee! watched and the savages were waiting: a favorable chance to makean attack, As yet but the twen! tiv savages had been seen, though te those sed in Indian warfare it was gee that they had = more — forca hand, which would deveiop itself at tie time when Indian strategy dictated. This was couilemed by the boltaess of the attack of so small @ party upon Grauam aud within so short a distance of ‘he camp. As soon as this attack was mad steut-pants Amick aud Orleman, with filty men’ were has poe 1 totne reitef of Granam, Upon coms ing up bey! rithdrew anc were pursued for dis Kere the pursuit stop) al style of fighting, int creasing in'nambers as they receded, ‘Lientenint Amick and Grleman now retraced their route to comp, meanwhile harassed by the savages, When this party had returned Coloncl Carpentel directed that his whole force should take a the lise of march, ready to repel any attar yusoas were moved in two columns and vlong the crest of the dividing ridge, thus avolie if the creek bottom and giving a view of a bri | scope of country, precluding rr? possibility of favawes faining any advantaze either of attack minbuscade for thelr sharpshooters, In the movi ment of the column Captain Graham — with? his company was placed in the rear of the wagons, aud company H, under the coraman of P.rst Licutenant Banzhaf and Secon Lientevant Orieman was placed in on tne tanks and in the advance of the colamn. ‘The entire force was deployed in skirmishing orderd The savages by this tie iad increased in numbers to 200 strong and ‘ace a bold attack uj the rear and flanks, it was still quite early in tue morning, but che savages ay red to have beers oc the aler: for some hours with their force, no’ tat increased; they kept up an incessant skirmish anti! ove o'clock in the afternoon, the column at the sami time moving off steadily, The Indians kept, up persistent fire and hovered about the column, making frequent attempts to create contusion, but without avail. In these attacks the savages had five Killed and © number wounded. One of the Indians killed and a few of the wounded were the resuit of a gailant charge ere by Captam Graham, with a portion of his rear guard. About two o'clock in the afternoon tho Indiang Were apparently reinforced by a | body of fres' Warriors, This increase swelled their numbers t ne arly 600 ten, all of whom were frequentiy in falk view on the piam and hilly in the vicinity, This in: creased strength gave the savages greater boldness, an & disposition was mani: fested on their part to close in wy the columns Jo au attempt to overwhelm the party by excess o nuinbera, hen this was oe ge 4 be the plan ol the savages Colonel Carpenter took weseion of the summit of a rise tn the pla! ris the wi ons aud dismounted his men. An attack was ma upon a strong force of the Indians who were bolder: thao the rest and were of considerable annoyance, to ue troops. _ In this engagement four Indians wer kil ed, three of their bodies falling into possession of our men, and were within lifiy yards of the wagousd ~ : ponies were also kilied. m ev (his brisk fight the Indians witherew t tl ° 3 opposite hill. They were satisiiea wit! their test of the inetile of the — me aad male no further —_ demonstrations. The column now resumed its march towards the Beaver, where it encamped, twenty miles from itsq yeh on the night previous, Daring the night : jarve body of Indians remained in the vicinity tJ 7 camp aod the next day followed the march wit! view, dtiess, of finding an opportunity to te pede tha stuck. On the lvth and 20th the column: coutinued tieir homeward march, reaching Fo Wallace on the 218t Inst., having marched 232 mileg in sven marching days. During the engagements three men were wounded, one with a bullet and two Wita arrows. Hrevet Major General Cart in & despatch, datom October 21, to Major General Sheridan, in mention- lig lls inabitty to find hia command, states:—«t | found the Indians seventy miles down Beaver om su The column Was attacked by over soo, My escort consisted of 120 men of the Tenth cavairy, nn~ der Colouel Carpenter and Captain Graham. The figat commenced at seven o'c + and ende two o'clock Ps Me We kill ndians ang , besides What We wounded. Our jose hen, two horsea and adog. The olicers n behaved adinirably. A Wwonnded Cheyenne told Grover (the scout) that their camp was on Sole omon, at Chalk Blut; that they lfit last night and cacue northwest; that it consisted of 800 lodges of Blows, ried ont and Arapahoes, And that a large war party jad one to the Saline.’ A ew movement ts Pow being provared for | Which Cojonel MH. U. Bankhead will tave ot omens,