The New York Herald Newspaper, March 2, 1869, Page 3

WASHINGTON THE COMING INAUGURATION Programme of Proceedings on the 4th of March. Crush of Visitors at Headquarters. Senator Hill, of Georgia, and Super- intendent Kennedy, of Mew ‘ork, Among the Crowd. Army Decision in the Supreme Court Adverse to the Floyd Acceptances. Discussion on the Removal of Political Disabilities in the Senate. THE MASSACHUSETTS CLAIM. The Miscellaneous Appropriation Bill in the House, WAR CLAIMS OF THE STATES, WASHINGTON, March 1, 1869, Large Number of Visitors to Army Head- : quarters. ‘The interest manifested in visiting Army Head- quarters is kept up with unabated fervor. The scene his morning was remarkably lively, The number of those anxious to pay their respects to General Grant, as well as General Sherman, who was punc- tually at his desk in the office with the General-in- ‘Chief, exceeded that of any day during the winter. Senators, members of the House of Representatives, oMicers of the army, clergymen and civilians were Present in considerable force. Very few ladies, however, were present. The usual routine observed by the visitors is, first, to present themselves in the reception room of the lower floor of the building used as Army Head- quarters, where they deliver their cards to an erderly, who hands them to the President-elect in his office in the story above. General Dent, whose time fs in great demand by many of the visitors, is generally in the reception room between ten and twelve o’clock in the forenoon. Here the visitors exchange greetings, discuss Cabinet probabilities and pass time away generally until admitted into the Presence of the General, where, excepting m some particular cases, the interviews are of very short duration and seldom extend beyond shaking hands with the distinguished occupants of headquarters and exchanging a word or two pertinent to the oc- caston. Among those who called this morning were Sena- tors Nye and Stewart of Nevada, and Warner, of Alabama, with a@ delegation from Alabama; Joshua Hill, of Georgia; Governor Boreman, of West Virginia; Representatives Loan, Anderson, Stover and others of the Missouri delegation in the House; 3. H. Ketcham and Thomas Cornell, of New York; Francia W. Kellogg, of Alabama; George C. Gorham, Secretary of the Senate; Cochrane, John A. Kennedy, Superintendent of the Metropolitan Police in New York, and several others. The members of Congress were nearly all accom- panied by friends from the districts they represent, anxious to have the pleasure of meeting General Grant, some of them never having heretofore expe- rienced that privilege. Visit of a Delegation of Southern Members of Congress to the President Elect—A Change in the Military Commanders to be Made. A delegation of Southern members of Congress called upon General Grant to-day to pay their re- spects and assure him of the hearty support of the loyal peopie of that section. ‘The delegation was composed as follows;—B. F. Whittemore, of South Carolina, chairman; Samuel McKee, of Kentucky; Kellogg, of Alabama; Kitchen, of West Virginia; Blackburn, of Louisiana; Boyren, of North Carolina; Hamilton, of Florida; Bolles, of Arkansas, and Arnell, of Tennessee, Mr. Whittemore, acting a8 the spokesman of the party, informed General Grant that they called upon him simply to pay their respecta and to pledge to his administration the earnest support of the section which they represented. He assured the General that no portion of the people of the United States mere rejoiced at his elevation to the Presidency than ‘the loyal people of the South. They felt that his ad- mnnistration would insure to them peace and pro- tection, both of which they greatly needed. In reply to this remark Genera) Grant said it would be his study to give peace and protection to the people everywhere, the South included. He thought the troubles of that section were at an end, and he hoped that all classes of the people would co-operate together to promote peace and prosperity. The conversation then turned upon the great question, to wit, the Cabinet. The members of the delegation remarked that they did not presume to dictate to Grant in the matter of choosing his Cabi- net officers. If, however, he should see proper to select one of his advisers from the Southern States it would give great satisfaction to their people and greatly aid in strengthening the loyal party there. In answer to this Gr@ht simply remarked that he did not think the people of the South had any reason to complain, For the last four years they had had a representative from their section at the head of the government, and he was one of ‘heir own selection. This allusion to President Johnson drew forth a good-natured langh from all present, Grant included. No names of Southern men were mentioned by the @eleation as fit members for the Cabinet, and with the facetious remark of the President elect concern- ing Johnson the subject was dropped. Mr. Whittemore alluded to the importance of hav- ing ‘he proper kind of military commanders at the South, adding that the course pursued by General Sickies while in command at Charleston had put South Carolina on the right track and had been the means of saving the State to the loyalists. Grant replied that it was his present intention to make changes tn all the military commanders at the South, with but one exception. Then turning to Colonel McKee, of Keatacky, he said:—T presume you do not want any change in the commander of the dis- trict in which your State is inclnded—General George H. Thomas?’ McKee said General Thomas was per- fectly satisfactory to the loyal people of Kentucky, as he presumed he was to those of every‘ State included in the department. Grant said ne hoped to be able to make appointments which would be as acceptable to the people of the South a8 General Thomas was to the people of the department he commanded. Mr. Blackburn, of Louisiana, inquired whether it was his purpose to send Gegeral Sheridan to New Orleans, Grant said he did not think that would be practicable at pres- ent. Ife would like to send Sheridan there, but that oMloer would be competied to take charge of the de- partment lately under the control of General Sher- aman; besides, the Indian war was far from being at anend, and while it continued Sheridan, who nad shown great eMciency iprosecuting the war against the savages, would have to remain “on the war path.” The delegation, however, might rest asaured that good officers would be placed at the head of each department. ‘The inierview is represented as having been very piearant and cordial to all concerned, and the South. erm men express themacives thoroughly satiated NEW YORK HERALD, TUESDAY, MARCH 2, 1860.—TRIPLE that Grant will do all that is necessary to promote peace and security at the South, Several memoers of the Missouri delegation, headed by General Pile, also paid their respéets to Grant. ‘They merely called to introduce some of the mem- bers elect from that State. The subject of the Cab- inet was not mentioned, and after some pleasant conversation on the general topics of the day the The deputation of Alabamians that called upon General Grant to-day were introduced each in turn by Senator Warner, who particularized those who happened to be natives of Alabama as loyal Ala- bamians, There were some who hailed from various Northern States, but all were put under the one head of Alabama. Owing to the large crowd in attend- ance upon the President elect these loyal visitors were unable to make an outpouring of the spirit, or hear ‘many words of comfort in return. The City Filling With Visitore~Admiral Far- ragut Expected—Dissatisfaction With the Disposal of Tickets. The city is rapidiy filling with visitors from all sec- tions of the country. Every train that arrives swells the number. Admiral Farragut has engaged rooms and will arrive here to-morrow to participate in the inaugural ceremonies, The Senate galleries will comfortably seat, excla- sive of diplomatic and reporters’ apartments, 1,200 persons, and only this number of tickets for adm1s- sion to the, chamber on inauguration day will be issued, The President elect andjthe retiring President each receives twenty; the Vice President an equal number; Judges of the United States Supreme Court and Senators, six each; members of the House and members of the present Cabinet, two each; besides the Judges of the Court of Claims and of the United States Supreme Court for the District of Columbia receive asmall number. The new members of the next House receive no tickets. This occasions dis- satisfaction among them. Throngs of persons of both sexes were importuning members of Congress to-day for tickets. Company G, Eagle Zonaves, of Buffalo, Captain L. G. Pickard commanding, took their departure this afternoon for this city to participate in the inaugura- tion ceremonies. The Burgess Corps, of Albany, 100 strong, are also en route for this city. On Wednes- day they will be formally received by General Grant at bis headquarters, Grant and the Generalship of the Army. General Grant will not, it is said by several of his intimate friends, resign his office as General of the Army, a8 he considers that it will expire on his inau- guration as President of the United States. Speaker Colfax to Resign His Position on aetveuit Wednesday Morning. At the meeting of the House on Wedresday at ten o’clock Speaker Colfax will formally resign that office and deliver his valedictory address. Annonucement in Regard to the-New Cabinet. General Grant announced to-day that he had de- cided not to notify those whom he has selected for positions in his Cabinet of their selection until they are informed through the publica- tion Of the nominations to the Senate, and he thinks they will be as much surprised to hear of their nominations as any other person can be. He has made it a point not to permit tne nominations he makes for his Cabinet to transpire previous to their being sent before the Senate, and has not even taken into his confidence any member of his staff. Genefal Grant has inquired of the Department of State to be informed of the dates on which his pre- decessors have sent in the nominations of the mem- bers of their Cabinets, and to-day the inquiry was answered. From the report made to the General, it appears that the latest nominations were made by President Pierce on the 7th of March. Itis said that the nominations for Cabinet officers must go through the Department of State, this being the course adopted by the former Presidents. The nom- inations were sent tq the State Department and from there transmitted to the Senate. It remains to be seen whether General Grant will adhere to the cus- tom established by his predecessors. If he does, the names of those who are nominated for Cabinet posi- tions will be known to William H. Hunter, Assistant Secretary of State before they are sent to the Sen- ate, Expected Visit of A. T. Stewart. A. T. Stewart, of New York, is expected here shortly. Rooms have been engaged at the Evbitt House for his accommodation, 1s he to go into the Cabinet? Modesty of a Washington Boarding House Landlady. A lady called upon General Grant to-day and smilingly besought him to tell her his intended Cabi- net, Her reason for asking, she said, was that she had rooms to let. Proposed Action of the Outgoing Cabinet. All of the present members of the Cabinet will tender their resignations to President Johnson before the expiration of his administration, which will ter- minate, according to the precedents established since the inauguration of President Polk, at noon on March 4. Secretary Welles will send his in before midnight on the 3d, and go will Secretary McCulloch, Secretary Seward, Assistant Secretary Fred Seward and Attorney General Evarts, General Schofield will tenaer his resignation as Secretary of War to President Grant, who will, it is thought, retain the General in ofice until he shall nominate his suc- cessor. Cabinet Meeting. There was an extra session of the Cabinet this afternoon, commencing at three o’clock and continu- ing for about an hour and a half. All the members were in attendance. it is understood that the meeting was calied by the President for consultation on mat- ters of importance taat required immediaic action. The different Cabinet officers also embraced the op- portunity to dispose of a portion of the heavy press of business that would otherwise have been too great for scttlement at the next and only meeting of the Cabinet. Visitors to the Capitol. ‘The crowd of visitors to the Capitol to-day was unusually large end extraordinary. All the ap- proaches within the buliding for an hour, at east, before the proceeangs opened, were perfectly thronged with people who had evidently never viewed the proportions of our yast national councl halis before, and were consequently more or less deeply absorbed in everything that met their gaze in the corridors and frescoed rooms of both House and Senate, The lobby immediately adjoining the Senate was thronged throughout the day by the constituents and friends of Senators; the corridors of thé House were similarly occupied and the great wide area of the rotunda‘was almost entirely covered by groupa of curious and anxious visitors. x The Speakership, _ It seems to be conceded of ail sides now that James G. Blaine Wil be the next Speaker of the House, The oppositn to him has dwindied away to the sinailest proportions, Néminations by the President. ‘The President has nominated J. ©. Stoever to be Register of the Land Office at St. Paul, Min.; B. B. Hooks, of Pennsylvania, for Consul at Barbadoes; Thomas L. Tullock, Jr., and Henry ©. Marchett, Pay- masters im the Navy. Also a large number of army brevets, General Sherman Hard at Work. General Sherman ts devoting the greater portion of his time to the consideration of matters connected with the army, and is engaged energetically in the transaction of business preparatory to his com- mencement of operations as General-in-Chief, General Sheridan. It is reliably stated to-night that General Sheridan ‘will not come on here for the present, for the reasop that fears are entertained of a new outbreak of In- dian hostilities, Expected Return of General Comstock from bis Bridal Tour. General Comstock, of the ataff ot General Grant, who has been South on his wedding tour, i ex- pected to return to Washin gton to-morrow. The Havana Consulship. Baldy Smith, it is understood, wil nut accept the Nomination as United States Consul to Havana, Important Revenue Cases Decided at New Oricans. Intelligence was received at the Treasury Depart- ment to-day that the celebrated wine case, which has been on trial for a month in the United States Court at New Orleans, before Judge Durell, has re- Bulted in a Jodgment for the government against the Wine importers ov al) the pointe at ivene, ‘The years, The government was rejresented on this trial by Mr. Gibbs, special counsel of the Treasury Department, and the United States Attorney and Randall Hunt, The Court overruled an extraordi- usty opinion of the Treasury Department cited by the defence, which was to the effect that false and cueap wines invoiced, labelled and represented to be genuine wines of high grade, are not imitations. Memorial of the Corporation of New York for Payment of Money Spent in Aid of the Gove ernment During the War. ‘The following memorial of the special committee ofthe Common Counctl of the city of New York in relation to the payment of money due to the cor- poration of said city was presented to-day by Repre- sentative John Fox, and referred to the Committee on Claims:— ‘To THR HONORABLE THE MEMBERS OF THE HOUSE OF RE TREEMENE Gor memes, repel your me! beg leave to represent unto your paeeigond that they have been mpolne aspecial committee of the Common Council of the city of New York to visit this city and to urge most reapectfully yot earnestly this ap) of the corporate autho! of said city in behalf of 3ts citizens for reimbursement of the amount of money advanced by the said city authoriues ina dof the general government of the United States in expediting the des} from said city to the then end: capital of the republic at the outbreak of hostilities by those en- geved 1n the late rebellion in their desperate attempt aisrupt this Union of States, and at a time wien the ‘ad so given was of more than or! Pecuniary value. Your .memorialists, wiia that object in view, are “how in this city, and in furtheranee thereof beg Jeave to call the attention of your honorabie body to the subj in the |\ope that justice may be done those whom they represent in the panies, The amount of money so iviaced Was $1,000,000, the amount remaining un- paid being a trifle over $592,000, ag will more fully appear by reference to a statement thereof filed Ne im\iar committee two years since in the War Pans Sincerely trusting that your honorable ly Will be graciously pleased to take early and favorable action on this the humble petition memorialists in behalf of their constituents, your meniorialists a3 in duty bound will ever pray, &c. Signed vy George McGrath, Edward Cuddy, James E. Coulter, Anthony Miller, John Moore, Joho Mothads, Committee Board of Aidermen; Patrick fibuey. eorge W. Cregier, Peter Culkin, Lawrence Hill, James Healy, John W. Pettit, Committee Board of Assistant Aldermen, The' New York Post Office. New York had a smali share of the attention of Congress to-night. Among other things that came up was the New York Post Office, Mr. Brooks moving to insert $200,000 in the Miscellaneous Appropriation bill for the purpose of beginning the work. Mr. Fox, in whose district the site lies, labored zealously also to have the appropriation inserted, but General Butler and Mr. Benjamin, of Missouri, opposed the Measure with considerable vim. The New Yorkers, however, succeeded in carrying their point. Hon, John Morrissey in His Seat. John Morrissey arrived to-day and was in his seat in the House to-night for tne first time since the com- mencement of the session. The Diplomatic Appropriation Bill. The conference committee on the disagreeing votes between the two houses on the Consular and Diplomatic Appropriation bill have finally agreed. The bill as amended by the Senate making the ap- propriations for the Central and South American Missions is restored and the original proposition of General Butler, as well as the subsequent amend- ment made by the first conference committee, is dis- carded, General Banks and Senator Sumner by this arrangement have at last carried their point against Butler. Tne friends of General Ki!patrick, who insist that Butler’s object was to legislate that gentiemaa out of ofice, are greatly elated at Butler's dete: The Congressional Representation from Geor- gia and South Carolina. It is understood that Mr, McPherson, the Clerk of the House of Representatives, holds the Georgia credentials to be imperfect because they do not state, as required by law, to what Congress the claimants were elected; and the Louisiana cre- dentials to be imperfect because they do not certify that the claimants were duly elected. On both these points the law is imperative. In the Third and Fourth districts of South Carolina two conflicting credentials have been signed by the State officers. In all these cases the Clerk deems it his duty to submit the papers to the House to be acted upon after the election of a Speaker. Persistent Office Seekers. The repeated assurances that no applications for oMce under the Grant administration will be of avail at this time does not deter numbers from being persistent in the presentation of their petitions at the headquarters, and some are disposed to argue in sapport of their hopes, but in all cases meet with positive denials to receive the documents with which they are armed. Overland Mails. Advices from the West state that the Union Pacific Ratlroad is not yet open, and it is impossible to say when the mails will get through. They are promptiy delivered at the end of the Union Pacific road, and the difficulty is on this side, The Australian Mails. Notice having been given by the British Post De- partment of the withdrawal of the steamers of the Panama, New Zealand and Australian Royal Mail Company from the mail service between Panama and New Zealand, no mails will in future be mare up and forwarded from the United States to New Zealand or the Australian colonies via Panama. itch of troo) THE INAUGURATION OF GRANT. Arrangements of the Senate Committee for the Inauguration Ceremonies. The doors of the Senate Chamber will be opened at ten o’clock A. M. for the admission of Senators and others who by the arrangement of the commit- Vee are entitled to admission, as follows: - Ex-Preaidents and Vice Presidents. The Chief Justice and Associate Justices of the Su- preme Court; the Diplomatic Corps, heads of depart- ments, ex-members of either branch of Congress, and members of Con; elect. Officers of the army and navy who by name have received the th Cony overndrs of inten ind *Rerritories of the Union and ex-Governors of States. Assistant secretaries of departments and the As- sistant Postmaster General; the Assistant Attorney General and the Judge Advocate General; the Comptroliers, Auditors and Registers of the Trea- sury; the solicitors of the several departments, Treasurer, Commissioners, Judges of the Pederai some and of the Supreme Courts of the several lates, , ‘The Mayors of Washington and Georgetown and ‘the reporters in the Senate, All of whom will be admitted at the east door of the north wing of the Capitol. The families of the President, President elect, Vice President pro tem, Vice President elect, Senatsra, Diplomatic ‘Corps, heaas of departments and federal Judges will enter at the north door of the Senate Wing; all others will enter at the main eastern door. All the galleries, ezcept those for the reporters and the families of the Diplomatic Corps, will be open to those holding tickets, Seats will be place! in front of the pee table for the President of the United States, the sident elect and the Cominittee of Arrangements. Ex-Presidents and Vice Presidents, the Chief Jus- and Associate Justices of the Supreme Court Will have seats on the right of the Chair. The Diplomatic Corps will occupy seats on the ns of the Chair, next to the Supreme Court. Heads of departments will occupy seats on the lett of the Chair, Otticers of the army and navy, Governors of States and territories of the Union, ex-Governors of States, Assistant secretaries of the departments, the Assistant Postmaster General, the Assistant Attor- ney General and the Judge Advocate General, Comp- trofiers, Auditors and Register of the Treasury, 80- Neitors of the several departments, commissioners, treasurers, judges and the Mayors of Washington and Georgetown will occupy seats on the right and Arembers of Coenen a It ent lem of Congress and members elect will enter the Senate Chamber by the main entrance, and will occupy seats on the left of the Chair, The rotunda shall be closed, and the passages lead- ing thereto kept clear, ¢ other doors and entrances to the Capitol, ex- ce i bp hee ies 0) under this arrangement, e At eleven o'clock President of the United States and the President each accom by mem- bers of the Committee of Arrangements, will proceed in to the east door of the Senate wing of the , and, ad will be conducted to the rooms it elect will be panied to amount involved in the cases which are dependent upon the issue of this case is nearly $600,000, and the Judgment settles very tmportant questions of reve- nde law which have been in controversy for many The Vice Presi ‘accom! the Capitol by @ memiber of the Committee of Ar- and conducted to the Vice President's room and into the amber, Where the oath of office will be administered to him by the Vice it pro tem. The Diplomatic Corps and the Justices of the Supreme Court will enter the Senate Chamber a few minutes before it elect, The Senate will assemble at twelve o'clock. the Committee of Arrangemei the seats pre- pared for them in the Semnve ‘Guam 3 After compicting the organization of the Senate, form on the central pordios of ths Capitol ia the Farin ouprne ot me Ex-Presidents and exViee ktonts. The Chief Justice and Associate Justices of the Su, pene ee e Sergeant-at-Arms of the Senate. teae, Rresident elect, with members of the Commit- Trabgements, The President of the United States, with members Of the Committee of ments, ‘The Vice President and the Secretary of the senate. The members of the Senate. The Diplomatic Cor, Ex-members of the rouse of Representatives, and Members eject to the Forty-first Congress. ond of de ents. overnors Of States and Territ Officers of the army and peer all other per- aoe wo have been admitted to the floor of the On reaching the front of the platform the Presi- dent elect will take the seat provided for him; the Sergeant-at-arms of the Senate (in of the ceremonies) on his Fighs, and the Chief J of the ithe Present and the Committee of Arrangements e Presicen' omm! bnen occupy a position in the rear of the President Next in the rear, the Associate Justices of the Supreme Court will occupy the seats on the Jeft and the Vice President, Secretary and members of the Senate those oa the right, The diplomatic corps will occupy the seats next in the rear of the Supreme Court. Heads of departments, Governors and ex-Gov- ernors of States and Territories and ex-members of the Senate, ex-members and members elect of the House of Representatives in the rear of the members of the Senate, Such other persons as are inctuded in the preced- ing arrangements will occupy the steps and the resi- due of the portico. Ail being in readimess, the oath of office will be administered to the President elect by the Chief Justice; and on the conclusion of the President's address the members of the Senate, preceded by the Sergeaat-at-Arms, Vice President and Secretary, Ion spe the Coes ut kate 4 om y the Committee of ments, proceed to the President’s House, The Sergeant-at-Arms of the Senate is charged ‘with the execution of these arrangements. Ail horses ana will be excluded from aquare, Should the weather prove unfavorable, the cere- Mony of the inauguration will take place in the Senate Chambe! rr. RICHARD YATES, H. H. CRAGIN, , C. MOOREERY, ) UNITED STATES SUPREME COURT. The Validity ef Coin Contracts Reafirmed— ‘The End of the Russells-Majors Claim—The Floyd Acceptances Rejected—Dissenting Opinion of Justices Nelson and Clifford. WASHINGTON, March 1, 1869. Chief Justice Chase delivered the opinion of the Supreme Court to-day in cause No. 70—Thomas C. Butler vs. Benjamin F. Horwitz—in error to the Court of Common Pleas for the State of Maryland. ‘The following is a careful report of the opinion:— Chief Justice Chase said—The principles which de- termine the case of Bronson vs. Rodes will govern our judgment tn this case. The record shows a suit for breach of the covenant for payment of rent in a lease of certain oe rae to the city of Baltimore, made in 1791 for nmety-nine years, renewable forever upon an annual rent of fifteen pounds cur- rent money of Maryland, payable in English golden gwneas weighing five pene and six grains, al thirty-five shillings each, and Gus gold and siiver, at tueir present weigat aud rate estabiished by act of Assembly. The obvious inteut o1 the contract was to secure payment of a certain reat in gold and sil- ver, and thereby to avoid the fluctuations to which the currency of the country in the days which pre- ceded and followed tne establishment of our inde- pendence had been subject, and also all future fluc- tuations incident to the arbitrary or uncertain meas- ures of value, whether introduced by law or bey It was argued in the court below that the rent due upon the lease reduced to current gold and silver coin, Was, on the 1st of January, 1866, forty dollars, and judgment was rendered on the 27th of June, 1866, for tifcy-nine dollars and seventeen cents, This Leh was rendered as the legal result of two pro- positions—tirst, that the vovenant in the lease re- quired the delivery of a certain amount of gold and silver in payment of rent, aud second, that damages for non-performance must be assessed in the legal tender currency. ‘The first of these propositions is, in our judgment, correct; the second 1s, we think, erroneous. It is not necessary to go at length into the grounds of tis conclusion. We will only state brierly the general proposition on which it rests, most of which has beeu stated more fully in Bron- son vs, Rodes, <A contract to pay @ certain sum in gold and silver com is, in sub- stance and legal effect, a contract to deliver a certain weight of gold and silver of a certain fine- ness, to be ascertained by count. Damages for non- performance of a contract may be recovered at law, aa for non-performance of @ contract to deliver bul- lon or other commodity; but whether the contract be for delivery or payment of coin or builion or other proverty, damages for non-performance must be as- sessed in lawful money—taat 1s to say, in money de- clared to be legal tender in payment by a law made in pursuance of the constituuon of the United States. It was not necessary in the case of Bronson vs. Rodes, nor is it necessary now to decide the question whether the acts making United States notes legal tender are warranted by the constitu- tion. We express no opinion on that point, but as- sunie for the present the constitutionality of those acts, jing upon this assumption we find two descriptions of lawful money in use under the acts of Congress, in either of which damages for non- performance of contracts, whether made before or since the Se. of the Currency acts, may be pro- perly assessed in the absence of any diferent under- pita Bd agreement between parties. But the obvious intent in contracts for ment in coin to guard agamst fuctuations in ment warrants the inference tiiat it was the under- standing of the parties that such contracts should be sausiied, whether before or after tne jadgment, only by tender of coin, while the absence of any express stipulation as to description in contracts for payment of money, generally warrants the opposite inference ofan understanding between parties that such con- tracts may ve ed before or after judgment by the tender of any lawiul money. This inference as tocontracts made prior to the passage of the acts making United States notes legal tender is strength- ened by the consideration that those acts not only do not prohibit, bat by strong implication sanction contracts since their for the payment or delivery of coin; and col juently, taken in con- nection with the provision the act 792 con- cerning money of account, require the damages upon such contracts to be assessed in coin and judgment rendered accordingly, leaving the assessment of damages for breac! other contracts to be made and judgment rendered in lawful money. It would be un- reasonavie to suppose that the Legislature intended a different rule as to contracts prior to the enactment of the Currency laws from that sanctioned by them in respect to contracta since. We are of the opinion, therefore, that assessments of damages, whether in coin or lawiul money, severally, that judgments upon su assessments shoud be in conformity to the stipulation of contracts in regard to the medium of payment. It foi- lows, then, that in the case before us the judgment was erroneously entered, The ages should be assessed at the sum 0 je, with the inte- rest in gold and siiver coin, an ane for the rith costs, The judgiu of the Court of ‘feas must therefore be reversed and the cause remanded for farther proceedings. Mr, Jastice Miller dissented, for reasons given by him in Bronson va, Redes, The following decisions were also rendered in the Supreme Court to-day:— No, 23.—Pierce ys. the United States, and two other cases involving the same questions, appeaied from the Court of Claims, Mr. Justice Muller delivered the opinion of the court in these cases, affirming the decision of the Court of claims, rejecting the Committee, ie medium of pay- claims founded on the Floyd acceptances, mainly on the ground that the Secre- tary of War cannot draw or accept a bill of exchange, uniess in cases where authority for that » is conferred upon him by statutes. It is held that ta the present case Secretary Floyd had no such authority and the acceptances do not tnere- fore bind the government. Mr. Justice Nelson for himself and for Mr. Justice Clifford delivered a dis- senting opinion to the effect that Secretary Floyd did possess the requisite statutory authority in vir- tue of @ provision of the act of Congress of 1820, which enacts the Secretary of War and Navy may provide for supplies and the transportation of troops in the fleld and raise money or make con- tracts for that purpose in the absence of any appro- priation by Congress, ‘The acceptances in question being given for the purpose of supplies and trans- portation vo troops tn the fleld operating against the Vtahs, they are velid and the overamens '0 reapon. sible, The amount of these bills rendered worthiess by the opinion of the Court is $670,400, No. 8i.—The United States, appellants, vs. The Schooner a anit CF —Al from the District Court of the United States for the Southern district of Florida. Mr, Justice Field delivered the opinion of the court, reversing the decree of the said District Court, with directions to enter a decree condemning the vessel and cargo as a lawful prize of war, No, 6.—John Rolland, @) lant, vs. The United States.—Appeal from the riet Court of the United States of the Northern district of California, Mr, Justice Davies delivered te opinion of the court affirming the deeree of said District Court in this caves and remanding the cause to the District Court of the United Stuies for the district of Caltfornia. Dissenting—Mr. Justice Field and Mr. Justice Miller. No. 81.—Willlam_ 81 q lant, vs, Henry R. Selden, H. Woodruff and N. EB. Be are Yong mn the Circuit Court of the United Séites for the district of Indiana. Mr. Justice Swayne delivered the opinton the court, beng A decrees of said Circult costa. lo. 81,.—The Agawam Woollen Com} , appel- lant, vs, Eben ndorua, “Appeal from the Cente ne Court of the States for district of Massa- chusetts. ‘ir. Juntos Chiford delivered the opinion of the court, it Court in this with costs and interest. No. 412.--The Hoard of Bupervisors of Lee county, Jowa, plalauil to error, ve, the United States ex. | SHEET. rel.—Evans Rogers in error to ‘ie Oircuit Court of the United States for the Northern district of [linois. Mr. Justice Neison deiivered the opinion of the the ent of the said Circuit ry costs. —The County of Tow tiff in er. wee eee a a ea Se, of the United States for the f nois. Mr, Justice Nelson dell the jon of a a wich costs and inverent. inw mith, The “4 a ts “ti from the Supreme 5 Chief Justice Chase delivered the opinion of the court, affirming the decree of the said Supreme Court in this cause, with costs, No, 60,—John B. Page, Treasurer of the State of Vermont, appellant, va. Edward Blake.—Appeal from the Circuit cour of the United States for the District of Vermont. Chief Justice announced the order of the court, affirming the decree of the said Circuit Court in this cause, with coats, by a, vided court. No. waa ¥ N. whigy. appetigan, vs. \Wil- Mam e.—" meni cause was coammonced be Mr. a Fisher, of counsel tor the "Order af of the Court.—The Chief Justice announced that the court would not hear any arguments this week after Wednesday. THE FORTIETH CONGRESS. Third Session. SENATE. Wasuineron, March 1, 1869, The Senate met at 11 A. M. CREDENTIALS OF SENATORS ELECT. Mr. BAYARD, ((em,) Of Del., presented the creden- tials of Thomas F. Bayard, Senator elect from Dela- ware, Mr. Morton, (rep.) of Ind., presented the creden- tials of Willlam G. Brownlow, Senator elect from Tennessee. Mr. Van WINKL®, (rep.) of W. Va., presented the credentials of Arthur T. Boreman, Senator elect from West Virginia. PUNISHMENT FOR OFFENCES AGAINST GOVERNMENT. Mr, TRUMBULL, (rep.) of IIL, called up the bill to authorize imprisonment at hard labor as punish- ment in certain cases, which was passed. Where the law bey ro prescribes 1mprisonment for offences against the United States this bill authorizes a sen- tence of hard labor at the discretion of the court, Mr. TRUMBULL also called up the bill relative to the rights of rhe te married women in the D- trict of Columbia, which was passed. RELIEF OF ALABAMA SCOUTS. On motion of Mr. SPRAGUE, (rep.) of R. I., the bill for the relief of certain compunies of scouts, or guides, organized in ), Was NICKEL COINAGE. Mr. SHERMAN, (rep. ae Ohio, from the Committee on Finance, reported the House (ill to authorize the coinage of nickel opps five cer! pieces, and stated that the committee being equa'y divided on the subject on not make any recommendation in re- gard to it. REMOVAL OF POLITICAL DISABILITIRG. Mr. STEWART, (rep. ) Of Nev., from the Committee on Judiciary, called up the bil} ior the removal of political disabili Mr. CONNESS, (i2p.} of Cal., Moved to strike out the name of Asa l-ogers, of Virginia. Mr. STEWART sii there seemed (to be a great dif- ference of opinion in relation to the merits of Mr. Rogers, and he would neither favor nor oppose the motion to strike out. Mr. TRUMBULL op) the motion, and asked Mr. Conness the reason for it. Mr. ConNgss said it was because Mr. Rogers was still an arrant reve! and unfit to have the privileges of citizenship, Mr. Howgrp, (rep.) of Mich., sai! the man had been electe® Second Auditor of Virginia, and merely sought relief so as to be enabled to hold the oitice without claiming to be a union man. Mr. TRUMBULL said thateach oj the persons named in the bill had mede a written application for relief, in which he hac expressed his inten’ ions to obey the law and sustain the government. ir. Rogers had done this, and that was not consistent with the state- ment of Mr. Howard. 4 Mr. Ferry, (rep.) & Conn., hoped the name of Mr. Rogers would not be stricken wut. He had ob- served that whenever a man lilting office at the South applied for relief from his political disabilities there were always a sufficient number of his neigh- bors who wanted the office for themselves to get up @ remonstrance. Mr. SAWYER, (rep .) of 8. C., thought the idea that no one at the South should have his disabilities re- moved unless it was recommended by the repubil- cans in bis community, narrow, shortsighted and radically wrong. Whenever @ man of charac- ter applied to have his disabilities removed, it would be the best poiicy of the government to remove them, and thereby win the support of the conserva- tive and influential men of the South, Mr. NY&, (rep.) of Nev., said that he had satisfac- tory information that the opp ‘ition to the relief of Mr. Rogers arose out of the fact that, as Auditor of the State, he stood in the way of the Governor's scheme to sell to outside parties the internal im- provements of Virginia. Mr. ConNEss withdrew the motion to strike out the name of Mr. Rogers; and the morning hour having expired the bill went over. CORRESPONDENCE WITH THE LEGATION AT MADRID, Mr. CONKLING, (rep.) Of N. Y., offered a resolution, which was adopted, calling upon the President for me during the last two years be- tween the State Department and. United States Tue Senate then resumed the cousideration of Secretary of Legation at Madrid. THE ARMY APPROPRIATION BILL. The amendment was offered by sraacue deat Mr. the public domain ‘within the jurisdiction of the United Si tos, except, that gua- ranteed by treaty to certain In:ian tribes, to be the sole property of the United States, and the occupants thereof subject to the laws of tle United States. Mr. SPRAGUE explained the ob/ect of the amend- ment, which was to bring the wild Indians under subjection to the laws of the United States so as to do away as far as ible with Indian treaties. After considerable discussion, Mr. Sprague, at the suggestion of Mr. Morrill, of Me, t his object would be attained in another way, withdrew his amendment. Mr. WILSON, (rep.) of Mass., offered an amend- ment providing that volunteer officers retired on account of disabitity shail be retired upon the same terins as regular officers. Adopted, Mr. Morrow, (rep.) of Ind., moved to strike out the | pape limiting the number of brigadier generais in the army to eight, The motion was lost by a vote of 12, nays 29, ir. NORTON, rep.) of Minn., moved to amend so as to direct instead of merely authorizing the President to reduce the army an SE He ie, Lost bya vote of yeas 9, nays 27. The bil having considered as in Committee of the Whole, was reported to the Senate, when Mr. SUMNER, (rep.) of Mass., renewed his amend- ment to provide for the payment of the claim of Massachusetts for interest on advancements made to the United States in the war of 1812-15. Mr. CONKLING Taised the point of order that the amendment, having been already ruled out of order, could not be again offered. ‘The amendment was decided to be in order—yeas, 25; nays, 20. Mr. Games, (rep.) of lowa, said that some interest- ing developments had already been made in connec. tion with this proposition, and there were others equally interesting to be made. This was @ claim for iterest and for advauces made by Massachu- setts (then including Maine), tn the war of 1812, He had never read that those States had been very zealous in carrying ou the war of 1b12. However, they had made some advances for the United States, which had in due time been repaid, and then, aiter forty-seven years of deliberation, they had come in with a claim for interest, having first trans‘erred the claim for the benefit of a railroad corporation, the directors of which had been on the floor of the Senate to-day, no doubt enlightent Senetors in regard to the merits of the claim. He wished the ate to note, too, that when tiis claim was intro- duced, instead of betag referred to the Committee on Claims, or the Commntiee on Military Atfairs, it went to the Committee on Foreign san, upon which there happened to be a Senator from Maine, a Sen- ator from Massachusetts and a Senator irom New Hampshire, Mr. DRAKR, (rep.) Of Mo., inquired whether, if this interest claim were now paid, i! would not be a pre- cedent for ar chevete of similar claims growing out of the war of the rebellion? Mr. SUMNER was unable to answer the question more definitely than to say that if sitnilar cases shovid arise the precedent woul’ apply to them. Mr, Grimes moved to add a proviso that interest shall not be allowed to Massachussetts upon any sum on which she has not eituer paid interest or lost interest by a transfer to an tuterest bearing fund. eit ent, mur. Frssexves, (tep.) of Me., in reply to the sug- stion that the claim, if valid, ought to have een settled years ago, said that it would have been settied at the same time with the claims of the other States but for the tact that the democratic party, then dominant in Congress, singled out Massachusetts, and, by delaying the payment of her claim, sought to panish jer for t action of the federai party, by which she had been controlled at the time of the war. it had taken a great many years to get the principal and Massa. chusetts was very glad to get it without at that time demanding payment of the interest, Mr. HOWARD 81 ved that Massachusetts had failed to demand the interest within @ reaaonavle “or Frasenpen repli¢d that the interest had been claimed immediately after the payment of the prin- cipal. ft. PREMINGHUYSEN, (rep) of N. J., took the ‘ound that the amount by the United States in 1850, Was accepted by usetts and Maine in full liquidation of the claim, priacipal and inter- est Mr. SieRMAN said that the proposition the Senator from Massachusetia woula over $5,000,006, and even with the restrictions a by the Committee on ations woukl appropriate over He had Somyen was willing to accept the amend- 3 exceptional position, and if her Claims were now Tight be presented by Oller Staice or advances dure or adv: ing the ‘ate war. wi war. At half-past four o'clock the Senate took @ reces@ untul seven o’clock this evening. * Evening Session. ‘The Senate reassembied at seven o'clock. On motion of Mr, SUMNEL, the jolat resolt auttorize Commander C. H. Baldwin to ace wae = the wd bt apo wae . OATTE! |. J., Called uy the relier of Peter MeGom. wig ae ol ie a mn} was passed, tg YAE ABMY APPROPRIATION BILL, The Senate resumed the consideration of the Army Appropriation bill, the amendment offered by Mré SOE, PATTERBON, (TSp.) of N. Hy, advooated dir. Pa’ i, (ep.) of Ne amendment. He ‘sald'tie whole amount ue Mast sactiusetts and Maine under this claim was not $1,260,000, as stated by the Senator from Ubio, bud OMMosers’ DAvis, DRAKE and HeNpRICKS opposed the amendment. Mr. MORTON advocated it. He believed that tha peeing to be com! d for advances made government Mr. CHANDLER, (rep.) of Mich., said the claim for iuteteas wae 60 ought, and ought not to ba wed, ‘The debate was continued until forty minutes past eleven o'clock, when the Senate adjourned. HOUSE OF REPRESENTATIVES. WASHINGTON, March 1, 1869, ‘The House met at eleven A. M. Mr. CaLLis, (rep.) of Ala., presented a memorial from citizens of Alabama for an increase of repre< sentation from Alabama in consequence of the ex« tension of the elective franchise to freedmen. BILLS INTRODUCED AND REFERRED. Under the call of States bills were introduced, read twice and'referred as follows:— By Mr. CaLLis— Granting lands to the Tennesseé and Coosa Railroad Company. Referred to the Coms mittee on Public Lands, By several members—Bills to relieve persone named from legal and political disabilities, BRIDGES ACROSS THE OWIO RIVER. Mr. Cook, (rep.) of Ill., from the Committee on Roads and Canals, reported a bill in relation to bi across the Ohto river. The bill (Bt aigde | for the ap- pointment by the Secretary of War, with the val of the President, of a board of ccientifi , neers, not less than five nor more than seven, report to the next session of the Congress the width of spans of railroad bridges across the Hall river ad: to the wants of na’ and com merce, and that Congress take action on such reé port. No bridge shall be erected over the Ohio rived unless it shall have one continuous span not than 400 feet in width im the clear over the channel of the river. ae snoven the previous question on the passage of e The previous question was seconded—70 to 42 and the bill was then passed—Yeas 84, nays 59. THE PACIFIC RAILROADS. Mr. Jupp, (rep.) of HL, introduced a joint resolu. tion in relation to the proper completion of the Pacitic railroads and thetr branches, and moved previous question on its . Tt authorizes requires the President of the United States to de~ mand and require from the Central Pacific Ratlway Company of California and its branches bonds oi other securities suMcient to gnarantee the oo tang aS tion of such railroad and branches and to the standard fixed by the special Ponds om road and its branches, applying the same standard of construction to each and requiring the same secué rity from each; and it directs the suspeasion of tha issue of bonds to such roads until the report shall have been made, ‘The previous question was seconded, and the joint resolution was passed without a division. RESTORATION OF THE WASHINGTON. RELICS. Mr. LOGAN, (rep.) of IIL, offered a resolution di recting the Committee on’ Public Grounds to into the circumstances of the proposed retarn td ~ General Robert E. Lee of certain arucles formerly belonging to General Washington, which were taken from the Arlington House, and directing the Secres tary of the Interior not to deliver the:n up until ace tion has been taken on the report of the committees The previous question was seconded. Mr. Woo) lem.) of N. Y., asked the Speaker whether tt wal S ‘order for the House to prevent the restoration of stolen property. The SPEAKER sald that that was not o parliae mentary question. ‘The resolution was adopted—yeas 119, nays 35, RELIEF OF SUSAN A. SHELBY. Mr. BINGHAM, (rep.) of Ohio, from the Committee on Claims, re] the bill to Mrs. Susan A. Shelby, of Port Gibson, Miss. in full for aik claims for cotton captured and by the United, States. After explanation by Mr. Bingham the bib ‘was passed. The ti u ata quarter to two o’clock, went tuto Commnen of the Whole, Mr. Dawes in the On TUB MISCELLANEOUS APPROPRIATION BILL. Mr. SPALDING, (rep-) of Ohio, remarked that the bill was ee itand should be passed to+ volvi the a day. It of 8. mainly embt in three iter Drinung of bonds, notes and bank bills maintenance of revenue cutters, &c., and the | house it. outereds 7 minittee, with an to economy, ol le e CO! had exercised some liberality toward the ‘admunis? tration that was to carry on the government. He i Res eet eee Si not re] Mr Brooxs. (dem.) of 'N. ¥., called ateeution to! the it expense of Ing the public money,’ which had cost since tl of the system over $11,000,000, and for which this bill ated $1,300,000, It was time that there was. : tion in that establishment and that the printing of a public — o- Tiers ol a the om ragra| riating $300, the construction of four steain revenue cutters—for. vessels now in the navy shoulda be transferred to the Treasury it for that purpose. The itens was retained in the bill. ‘On motion of Mr. O'NEILL, (rep.) of Pa., supported by Messrs. Myers and RANDALL, the of $2,000 for a preliminary survey of the site of the a a. was increased, after dis cussion, to ' On motion of Mr. SPALDING, Committee on Appropriations, items the - men’s Bureau amounting to $214,000 were struck ous - of the bill. Mr. KELSEY, (rep.) of N. Y., moved an appropria- tion of $5,000 to pay to Miss Vinnie Ream, the amount due on her contract to furnish a of the late President Lincoln. After a brief discussion, the amendment was to. ‘ Mr. He of Iowa, moved an tion of $220,848 to re!mburse the State of for ex] urred aad payments made during ine! the rebellion, as examined, audited and found due by the opera of General Buchanan, which was reject ‘he same amendment, with a proviso, was offered in by Mr. WILSON, ( .) Of Lowa. Mr. BUTLER, (rep.) 0! . moved to amend the amendment by a proviso priaiing the amount necessary to the war ms of all the States that have been by tees favorably by the commis- sioners appointed by Ci Mr. WILSON accepted the proviso. 4 Mr. CLARKP, (rep.) of Kan., moved to amend the amendment, by appropriating $2,519,000 for the Kansas war claims. ‘ Pending the discussion, the House, at half-past four o'clock, took @ recessjtlll haif-past six o'clock this evening. Evening Session. The House met in evening session at half-past six o'clock, the Speaker in the chair, INVALID PENSIONS. The first hour of the session was assigned to the business of the Committee on Invalid Pensions. A. 7 a of private pension bilis were reported’ and passed. ‘ Mr. PeRuAaM, (rep.) of Me., from the Committee on Invalid Pensions, reported’a dill relating to the operations of the pension laws, After some discas- sho and amendments the bill was It provides, in the first section, that no clatm of widow for pension pay, or bounty, shall be allowed where she has voluntarily lived separate and apart from her husband without Tecelving any support ——- It abot gh tie third oe ane ti alt nsions «rant conseqnanee fronr Pounds or sickness contracted in the service, shail comineace from the date of the death or of Cee he a Fhe that ay in t several acts P pensions shall ve any m Who was in the service of the Uni States tween the 3d of March, 1966, and the 6th of June, 1866, of bis ion during that pertod. ‘The re- mainder of the bill is mere matter of detail), as to making proof, fees of agents, &c. APPOINTMENT OF MIDSHIPMRN FROM LOUISIANA. Mr. NewsHam, of La., introduced a eo resolite ¢ tion for giving to the members from Louisiane in the present € the right to nominate persons to dll existing vacancies irom tuat State as midahip- men in the United Staves Naval Academy. ME. SCUENCK’S BILL TO STRENGTHEN THE PUBLIC capi, Mr, SCURYCK said that the bil! to strengthen the public credit having come back from the 4 Or abridging Use counideration of toe inater to ‘ae abri conside 9 the House to honcmeur in these atuendments, and asked fora cominitive of conferoxce. He had no doubt that such a committee would come to am meut. if mase.—I object. Mr. Boakwok © move to suspend the rules forthat oy y had the floor on the Miscelta- . ipprorriaton i Dili, Wecuned to yield for that Mr. ScrmNce—Very wells LT want it cancersgood the of 1 = Le that it is on Cia i. ge Swant, it anderatood py the oir, Boruen—And T country that the gentleman from Ohto caunot get CONTINUED ON TENTH PAGE