The New York Herald Newspaper, November 23, 1869, Page 3

A SPECK OF WAR. Demand of the Spanish Minister for the Release of the Gunboats. REFUSAL OF THE GOVERNMENT Proposed Seizure of the Vessels To- Day by Order of the United States District Court. Qnasi-Recognition of the Cubans as Belligerents. The people of this country will be startled this morning to ascertain through the columns of the BERALD that the re ations of the United States with Spain are about to reach a crisis owing to the con- ‘nuance of the revolution in Cuba. Though as yet there need be no fear of a dipiomatic rupture, at Jeast not of such anature as usually succeeds the cccurrence of a casus belli, still the facts which have transpired since Saturday, and which are foreshadowed for to day, are a full warrant for say- ‘tag that the relations of our government with that of Spain have assumed such a delicate character that a decision one way or the other must now im- peratively be reached. The suspense is about to come to an end and the oft repeated question, “What will the government do with regara to Cuba?” it is expected, will receive a decided answer to-day. What that answer is to be the following in- formation, which can be vouched for as perfectly re- Rable, more 0, in fact, than many similar newspa- per reports usualiy are, will disclose, ‘The Spanish Mivister at Washington received, in the course of last week, positive instructsons from huis government to make a formal demand in decidea ‘erms upon the Secretary of State, Mr. Fish, for the smmediate release and delivery to him, on behalf of Spain, of the thirty gunboats which have been built Partly in this city and partly at Mystic, Conn., and all of which are now lying in the East river, In this harbor, opposite the foot of Thirteenth street, re- ceiving their fittings and machinery, The Spanish representative at once proceeded to comply with his instructions, and on Friday last, at an interview which he sought with Secretary Fish, he presented to that gentieman a document containing the de- mand he was instructed to make. This, 1¢ should be said, 18 no mere idle rumor, and although the document is religiously watched over ’m the Department of State, or rather in the Presi- dent's private ofiice, and.its precise language cannot be given, yet so much ts certain, that the demand ‘was 80 formal, couched in such terms, that but the alternative was left our government eituer at once to accede to it and surrender the gunboats to the representative -of Spain, or apply to the proper judicial iribunats of the country wo have the character of these vessels determined by legal pro- ceedings and under the law of the land, To sur- render the gunvoats without a judicial inquiry, it ‘was felt by all the members of the administration, nd by none more so than by President Grant, was utterly out of the question. The general sentiment of tne whole country is in sympathy and accord with the revolutionary movements in Cuba, tending to sever the connection of the island with Spain as @ dependeney and to erect it mto an independent republic, gravitating with undeniable certainty towards the United States. Hence public opinion would have revolted against such a submission to the demands of Spain as the surrender of the gun- boats without @ legal investigation in a court of competent jurisdiction. That alternative was, there- fore, not only inexpedient and impracticable, but wholly impossible, in view of the present state of the public mind on the Cuban question. ‘The other aiternative was a judicial vestigation. ‘It will be recollected that towards the close of last summer the Peruvian representative at Washington called the attention of the government officially to the fact of the building of these gunboats tor the Spanish government; that there was a ‘dormant” Btate of war existing between Peru and Spain, and that actual hostilities between the two countries might at any moment be resumed, and that there ‘was probable cause to believe that these gunboats Duilding in the United States, specially designed and adapted for coast service, might be used against the republic of Peru, a State with which the United States were at peace. Upon this statement, so for- mally and officially made with a view of calling upon our government to interfere in the matter and to execute the neutrality laws, the President or- dered the United States Marshal of this district to seize the boats and prevent their departure untii further orders, This command was faithfully exe- cuted and the boats seized, as was fully detailed in the columns of the Huraxp at the time. But, while these gunboats were thus taken under the charge of federal officers, no opposition was made to their being completed and fitted for sea, and work upon them has been uninterruptedly continued since, ‘until now several of them are ready to sail and all the rest are preparing soon to follow. ‘The seizure of these boats, at the time it was made last summer, was, it may be said, extra-judicial and in direct obedience to the President's orders, No ‘warrant of seizure was issued by any judge or com- missioner of the federal courts; no case was made for @ judicial inquiry and none was had. The Mar- shal Kept strictly within his instructions from Wash- ington, kept a close eye upon the vessels to prevent any of them from leaving port without permission of the governments, but in all other respects he kept aloof from interference with vbe builders and con- tractors, Now, the formal demand having been made by Spain for their immediate release and delivery, the affair has assumed quite a different, more important. more serious aspect. It 1s believed, for such has long ago been reported as the intention cf the Span- ish government, that the latter has given the most solemn assurances that the vessels will not be used against Pera when leaving the United States. If that be the case, then the government cannot any longer hold them back under the extra-judicial pro- ceeding and without any decisio : or order of a court of law. This complication of the case called for the most serious consideration on the part of the Prest- ent and the members of the administration, And here come in the facts, the conséquences of which Will be developed in the course of to-day, A special despatch from Washington to the HERALD, published on Sunday last, informed tle public that Jadge Edwards Perrepont saddenly ai rived at the capital on Saturday morning aud og suddenly departed again for New York in the even- Ing; that during the present week some very impor- tunt developments might be expected; tnat the ad- ‘Ministration was resoived to act at last in regard to Cuba, and that Judge Pierrepont did not deny that Cuban affairs had someting to do with his visit to Washington. The statements in this despatch, though more or Yess hypotietically given, were based on well- grounded facts, Soon after the Spanish Minis. ter had officially made his formal demand for the delivery of the gunboats tt was com- Municated to the President, A short consultation was had between him and several of the Secretanes, and Judye Pierrepont was at once telegraphed for, ‘The Judge received the call late in the afternoon on Friday last, and without any unnecessary delay he hurried off in the night train to Washington, where he drove atraight to the White House and remained 4n conference with the President, Secretary Fish and one or two other Cabinet oicers. What transpired at this conference only those who took part in tt know, and they are not the persons to divulge it. But so much may be said, that none now donbt that at this conference matters were discussea fraught ‘with the highest importance for the immodiate future. ‘Without direct knowledge of the character of the conversation which passed, or the arguments used OF the facts stated at this conference, which, alter all, were only secondary matters, the conclusions reached by it may be gathered trom the fact that the Bovernment is determined not to comply with the lemand of Spin for the release and delivery of the | ail NEW YORK HERALD, TUESDAY, NOVEMBER 23, 1869.—TRIPLE SHEET. Spapish gunboats mn thw harbor, put vo submit the case to the United States District Court, siting a8 & court of aamiralty and maritime jurisdiction, pre- sent all the proofs m the possession of the govern- ment, and have the international character of the vessels in question and their status under the neu- trality laws of Congres fully and authoritatively determined. For this purpose Judge Pierrepont has been mstructed, in bit oficial capacity as United States District Attorney, to institute proceedings at once in admiralty against the thirty Spanish gun- boats, and to obtain ‘heir forfeiture to the United States for a breacn of the neutrality laws. These instructions reached the District Attorney yesterday morning by tlegraph from Washington, and all the afternoon aad evening Judge Pierrepont and some of his assistants and clerks were busily employed in the prepamtion of whe necessary com- plaints, called in the chmical phraseology of the law “Itbeis,” against these boate. These bela or complaints will be prewnted to the United States District Court, sitting in admiralty, this morning. Write of seizure and notices to the interpleaders, if there be any, will be tssaed, and in the course of the day the United States Aarsbal will take legal pos- sesgion of the Spanish gunboats, subject to the final judgment of the Court, ‘The most impéertant part of thie contemplatea proceeding are the grounds on which the gevern- ment rests its claim tothe forfeiture of the vessels, ‘The libeis will be based upon the third section of the act of Congress of April 20, 1818, commonly known asthe Neutraliy act, which reads as fol- low: ‘That if any person shall, within the limits of the United States, fit out aul arm, or atlempt to fit out and arm, or procure to be fitted out aud armed, or shal knowingly be concerned in tue furnishing, Uluing oul or arming oi any “4 or vessel with inteat that such ship o1 esse) shall be employed In the service of any sorago prince or State, or of any coiony, district or peope, to cruise or commit bos- ules agaiust the subjects, citizens Or property of any toreign prince or State, or of any colony, trict or people, with wom the United States are at poace, or shall issue of deliver a commission within the territory or jurisdition of tue United States for avy ship or vessel, to tie intent that she may be eniptoyea as ajoresall, every person 80 grending sguall be deemed guily of a high inisdemeancr, sali be ned wot more than $10,000, and im- prsoned Not More thai threesvears; aud every such ship or vessel, With he tackle, apparei and furni- ture, together with ail Wateriais, arms, amuuniiion and stores, Which may have been procured for the buildiug and equipment thereof, shall be forfeited; One hal to the use of jhe informer and the other half Lo tue use of the United States. On reading this sedion of the law it will bave been noticed that it prohibits and punishes the fit- ting out of vessels by a“‘ioreigu prince or State, col- ony, district or people,’ to cruise or commit hostili- ties against the subjects, citizens or property of a “colony, district or peqple’” with whom the United States are at peace. ‘he addition of the words ‘colony, district or people,” of such high signitica- tion at the present moment, was urade because the decisions of the courts, under the previous neutral- ity laws, which bad not these words—especiaily in the leading case of Gelsten vs. Hoyt—gave rise to many inconveniences arising out of the long pro- tracted revolutionary vars of the Spanish colonies in Awerica against Spain. It,is now determined, and Judge Pierrepont is preparing, to take ad- Vantage of these words of the law, and hence the “libel” by the government against the thirty gun- boate will allege twogrounds for their seizure and forfelture— First—That they are intended to be used against a foreign State, with whom the United States are at peace, to wit—the repablic of Pera; and Second—That they are intended to cruise and commit hostilities against the citizens and property of a colony or peopie vith whom the Unitea States are at peace, to wit, the colony or peopie of the island of Cuba. In the latter clansé lies the great importance of the step resolved upou for to-day, It draws a clear distinction beuween the ‘foreign State,” Spain, which fitted out the vessels, and its “colony,” the people of Cuba; it segregates, as it were, Cuba, the colony and its people, from the state of which it is a coluny, and, in effect, places both upon an equal footing a8 regards the rights of belligerents in & neutral country. Hence, though not in express term#, it is in ultimate resuits, and may be called & guast recognition ot the Cubans as belligerents; for by this act the govern- ment of the United States declares unreservedly, that this country being at peace with “the people of Cuba,” they have certain rights in our ports which this government, under the law, 1s bound to protect, whether they are sought to be tniringed by Spain or by any other “foreign” prince or State, It is for these reasons that the conclusions arrived at by President Grant and the administration and the action to ne taken to-day assume unusua! proporuons in an international aspect; for Spain will undoubtedly consider it an “unfriendly act’ on the part of this government thus to separate the people of a colony from the soverelgn, and to declare that, being at Peace with, that “people,” they should not be mo- lested or subdued by means of vessels of war fitted out by their own sovereign in American ports, The Spanish never dreamed that our government would pursue such a course. They were sure that a mere demand, made in a formal way, would at once lead to the delivery to them of their vessels, They had made all preparations to take them out of port in the course of the present week, The armament for the thirty boats and arms and ammunition had been shipped from bere some time ago, and is already in Havana awalting the arrival of the gunboats to be transferred on board of them. On Saturday last aSpanish war steamer, the Pizarro, carrying six guns, arrived here and brought a full complement of Spanish sailors and marines, with the necessary officers, to man the boats. These forces of Spain, it was reported at .ihe District attorney's office, were landed yesterday afternoon and are now in this city, preparatory to be ordered on boara the vessels to take them to Cuba, The fact that these forces have arrived here just about the time the Spanish Minister at Washington made his demand shows it to have been a preconcerted movement, and also that the Spanish authorities feared no refusal to their demand, otherwise they would have twice bethought themselves before they undertook to make the city of New York a Spanish pava} gation from whence to operate and garry on hostiities Sgainsy the péople of Chba, with Whom the United States are at peace, ‘The proceedings to be instituted to-day will be in admiralty only, known in law as “proceedings in rem, or against the things seized—that is, the vessels—and the judgment, if it be favorable to the views taken by the government, will bé a decree of forfeiture of ail the thirty gunboats to the United States for a breach of the neutrality laws. At present Yt 18 believed not to be the inten ion of the federal authorities to prosecute criminally any of the per- sons concerned in the building or fitting out of these yoasels; but what subsequent developments may bring forth cannot now be foretold, District Attorucy Pierrepont’s Recent Visit to Washivgton—Confirmation of the Report of the Seizure of the Spanish Ganboats in New York—How Spain May Look Upon Ite Object of Tucreasing Our Naval Forces in theo West Indinn Waters. WASHINGTON, Noy, 22, 1869, Part of the business of District Attorney Pierre- pont in this city last week was to consult with the President and members of the Cabinent about te Spanish ganboats being built at New York and in Connecticut, It had been ascertained that these boate were about completed, and that an effort would soon be made to get them to sea. The mat ter, itis understood, was the subject of considera. tion in the Cabinet jast Friday, when it was decided that the boats should not be allowed to leave, Judge Pierrepont was fully informed as to the wishes of the government and ordered to take the proper steps to prevent thetr departure. A libel will be filed against the boats at once, and they will probably be seized by the United States Marshal this week. Besides the old charges preferred against the gunboats by the Peruvian Minister, it is said some new ones have been added. Altogether the government, it appears, finds sufficient grounds for seizing the poate. In some quarters it 1s feared this atep may lead to trouble witn Spain, At any rate itis weil known tuat the Spanish government regarded the detention of the boate m the first instance as a stretch of authority hardly warranted by either our neutrality Jawa or international jaw, It was construed as a decided evidence of aympathy with Cuba, and not ‘a8 8 concession to the belligerent riguts of Peru, It ‘was argued by the Spanish government that the gunboats were not intended for Peru, bat for Cuba. But to this the Peruvian Minister replied that the Spaniards propose to relieve the feet now assemblet in Cuban waters from duty there, and, replacing it with the gunboats, send it down to Peru. Thia would pe worse for the Peruvians than to allow the gunboats to go direct to their shores, because the fleet of Cuba is capable of more damage than the gunboats. ‘There ia reagon to believe that the course now to be pursued by our government has been determined upon for some time back, and should It lead to any a@imcuity with Spain everytning will be in readiness to meet it, It 18 currently reported in quarters usually well intormed that the assembling of 80 many Of our first class naval vessels in West Indis waters was with a view to any emergency that Might arise out of this seizure of the gunboats, It remains to be seen what course the Spanish govern- ment will take; but whatever ic may do, there is good authority for stating that the gunboats will be firmly held by our government. TRE KENNEDY-CRAWFORD INBROGLIO. The AHeged Chautaugua County Burglar—Ex- amination into the Case Resumed—Superin- tendent Kennedy tn Court—The Relator aud the Saperintendent Examined—Iinteresting Testimony—The Case Submitted for Deci- sion, Yesterday afternoon the further hearing in the Matter of the haveas corpus issued in behalf of John Crawford, alias Luke Eagan, ana of tue con- tempt proceedings against Police Superintendent Kenneay, was resumed before Judge Caraozo at Chambers of the Supreme Court. Supermtendent Kennedy was present, together with the alleged victim of his oficial interference. A good deal of interest was manifested tn the proceedings judging from the audience that filled the court room, and freely and fully canvassed the affair for some time prior to the opening of the evidence, ‘Tne first witness examined by Mr. Howe was Alex- ander 0. McGrew, who testified:—On the 12th of this month I was at Police Headquarters, No. 300 Mul- berry street, and saw a man there who went by the name of Crawford, or Luke Eagan; he was sitting in a chair In a room adjoining that of Mr. Kennedy; I wus there when the prisoner was brought before the Superintendent; Captain Walsh said that the warrant was trregular, that it lacked the proper en- dorsement and that he wanted the prisoner to go before a magistrate; Mr. Kennedy was considerably excited, and gave orders for the removal ol tie pris- oner beyond the county limits; there was some- thing said about Jersey; I understood him to gay, “kven if the prisoner had to be taken mto Jersey to take him out; tls was between hal{-past mine and ten in the morning; Ule prisoner Tose 1 Lis seat and said he was not Luke Kagan, ‘that bis name was Crawford, aud that assertion was also corroborated vy one or two Of the Geiect.ve officers in the room, and, | believe, by Captain Walsh; tae prisouer ais0 demanded that he shoula be taken beldre a magistrave; f don’t kuow that the Superiutendent made any repiy, but he appeared to be Very anxious to get him out of the county; he sald, *“iake him out of the county—have him with- oul the boundary of te county within half an hour;” tuen Mr, Kenneay asked Captain Kelso to detail two officers to go with im, On being cross-examined by Mr. Vanderpoel the witness’ direct evidence was not shaken, John Craaviurd, the relator, was then placed on the stand and examined by Mr. Howe as foliows:— My bawe ts Jobn Farrell, but 1 went by the name of John Crawiord on account of my relauions, and be- cause 2 did not Want hame to appear in the newspapers; J. ©, Farre:l is my name; | was ar- rested in this city a week ago last Thursday niguat, outside Florence’s saloon, corner of Broadway and Houston street, at about eight o'clock, by & police- man; 1 Was (aken to the Fourteenth precinct sta- ton house, over whica Oapain Walsh has charge; Next morning | was taken to Police Headquarters by Captain Waish and tie man who arresved me the night before; wien I was fetched in before the dupermtendcnt Captain Walsh asked him if he had sent a telegram for him; be said “yes; the Captain asked jum what it was for, aud the Superintendent. asked for John Orawlord; the Captain said, ‘That is the prisoner here,” the Sherif? said, ‘4 want to get you away from here; 1 said, ‘Won't you give a mana chance to prove lis ionocence? my name is not Bagau;’ they fevcued im three or tour ollcers to know if, 1 was Kagan, and tney looked at me aud said that was not my name; they said thas before Mr. Kennedy; Tsaid, “Gentlemen, this is @ mistaken identity; give meachance to prove my innocence; the Suyerim- teodent said, “‘iturry with the aasassin!” I said to dim, 1 Ou never Knew me to kill or hart anyvody, 1 guess?” he said, “if you do not get him out of the state or county (I can’s say wich) tside of half an hour he will be habeased;? I asked uum to let me go before a judge; he would not listen to me at all, vuly every Word Was, “Hurry with the assassin |’? they took me away to Jamestown at eleven or twelve o’clock on Saturdi and they fetched parties from Vennsylvania, Mayville and Jamestown to identify me, but they could not, and they discharged me without any ex- autnanon at all; told une Superintendent before he sent me away that | was not Luke Kagan. ‘Lhe witness underwent a searching cross-exami- nation by Mr. Vanderpoel and gaye a pretty stralgit account of himseif. His direct vesumony was not muateriaily affected. Abraham H. Hummell, law partner of Mr. Howe, Was examined, and identified the writ of babeas corpus shown him as the one procured for service on Mr, Kennedy in this case; the writ was granted by Judge Cardozo quite early on the morning of the 11th; it might have been about nine o'clock, Uross-examined by Mr. Vanderpoel.—served the writ about ten o’ciock at night; got out a writ aud went to serve {he same on Captain Walsh about eleven o'clock 1n the day; I did not see him; it might have been between hall-past eleven an one; I then, about one o’ciock, Went to police head- quarters, but did not see Mr. Kennedy, wanted to see him, but could not see him; tuey wold me he was Not in bis oflice. Joun A. Kennedy, the respondent, exam'ned by Mr. Vanderpoel.—I am Superintendent of Police in this Meiropolitan district; Lrecognize the prisoner asthe man that was brought im by Captain Walsn; he Clalesl then to be John Crawford; be did not claim to be Join Farrell; the first | heard of this man was within a few minutes of nine on the Morning of the 12th, when the Sheriff of Chautau- gua county came in. and told me there was a aidi- culty between him and the police of the Fourteenth pea? I telegraphed tor the prisoner, and he was rought to my office; he arrived there about hall- past nine o’ciock; Captaim Walsh came with Lim, ud the patrolman who made we arrest; Mr. An- drews, the poping Chautauqua county, was there, and his assistant; they both of them told me this was te man mentioned tn the warrant; Cap- tain Walsh told mo that this man was not Luke Kagan, but that he was anotuer man who resembled Luke Eagan very much; the Sherif said he had no doubt about his being the man he wanted, Whether that was bis rea Bale oF noty Cap! Walsh and Captain Jourdan seen him the nig) before and said that not Luke Hagan; the Ca; tain also sald that the detectives in the oMce would be abie to establish the fact that he was not Luke Fagan; i respormMed to that by saying he was a very poor thief that bad not haifa dozen names, und if tue man was idenufed by the Snenf® f felt it was proper that the Sherut should bave the man; Whs ais0 anxious 10 relieve my captain from an embarrassed situation, that I regarae him to be in, because he had ar- Tested a man ona warrant {from a magistrate im another county and had not had (ne Warrant proper- ly endorsed; aiter | had given the man into the cus- tody of the Sheriit | heard some talk of stealing him, aud I called on Acting Captain Kelso to furnish a provction; I had not up to this heard anything about an application for a haveas corpus; I heard hothing of 6 antl about ten o'clock at night, when 1 was In the Ladies’ Union Fatr, up Broadway; 1 was in iy office all ay up to four o'clock; had no Knowledge of Mr. Hummei’s having called at my office; 1 had ag Apgsnyign of avolding the writ of habeas vorpus; ha avoided any, d ou Shore examutnation by Mr. Howe the witness defiled that hé had used the exact words attributed to him by Captain Waisn, but admitted he told the Sherif when he delivered the prisoner into his bands, “If i were in your piace L would have that man across the river in half an hour into New Jersey,’ He denied that the prisoner told him he was not tie man calied for in the warrant}. Mr, Howe addressed the court, commenting ae- verely on the conduct of Mr. Kennedy, anda asking that he should be dealt with for a misdemeanor and contempt, Mr. VAllderpoel reptled. contending that to punish & person for contempt there liust be notice that the process Was la €Xisteuce before the party could be alieged to be 1m contempt. Judge Cardozo took the papers and stated that he would render @ decision a3 s00D as he had aa oppor tunity of readlug over the testunony. BLOODY AFFRAYS AMONG SPOXTING MEN. Barly on Sunday morning two desperate affrays, it 18 reported, took place among “sporting” men, at two “sporting” houses in the Fifteenth precinct. In the first instance tt seems that one Jerry Coffee be- came involved im an altercation with the well known Dan Kerrigan, ana as ihe mélée progressed drew o pistol, with easily iferred intent The weapon ‘was, however, snatched from lus hand, and the row proceeded, when Kerrigan placed de combat a his hore tere lov on with an ‘Indian club,* por riflo blow on the hi Coffee is understood to be in a dying condition, The other ta sald to have taken piace in John Murray's saloon sn Amity street, between Broadway and Mercer street, several persons being involved in the contest, Murray, the proprietor, it appears, in- verfered, when one “Woolly” Keyes, & reputed “Broadway statue,” shot Murray in the neck. The Police projess to Know nothing about cither atfair, and of course the parties concerned refuse to state suything regarding the matters. The rumors were open and notorious ie jgan'| but up to one o'clock this morning nothing could po learned of tue ‘trouble’ at the Central Police Mes. ) worth WASHINGTON. Probabilities of a Future Darien j Bhip Canal. SURVEYS TO BE COMMENCED AT ONCE, The United States to Control the Gommerce of the Canal. Etiquette Between Our Navy and Our Representatives Abroad. -“ Presentation of the New MSaytien Minister, WASHINGTON, Noy. 22, 1869, Resumption of Specie Payment—Au Absurd Financial Canard, The absurd financial effusion which appeared in one of me optra bouge journals of New York yes- verday moruing 1s as nonsensical as several otuer etforts of the same Kind which previously appeared. The despatch emanated, as is stated, “from semi- oficial authority.” The Secretary of the Treasury very aptiy asked, in speaking on the subject, what constituted semi-oficial authority? No very clear definition being givea to the expression, the Secre- tary obeerved that he thougnt semi-oficial meant somebody outside of the Department who did not know what he was talking about. The Secretary denied that he nad ever talked on the subject to any one, and devlared that he had not laid out any such programme as that mentioned in the bogus de- spatch, He considered it useiess to be troubling about specre payment until the time comes when such @ thing will be feasible. Malicious Attacks upon the Turkish Minister. Biacque Bey, the Turkish Minister, has become re- ceatly the object of attacks from some obscure papers, prompted thereto by the bogus agent of a bogus government in Europe. The cause upon which these attacks are based is tne most puerile that can be imagined. Last summer the dis- finguished Minister who represents the Sultan in this country hired @ handsome cottage at the White Sulpbur Springs, Va., and with his accomplished lady and @ select party of friends spent several weeks there, during which time he was visited by allthe notabies gathered in the vicinity. Among those who paid their respects were General Lee, Genera: Beauregard, and other individuals who took prominent part in the late rebellion, M. Biacque received ali with indiscriminating hospitality. as host be saw neither Nor. nor South, nor Bast nor West, All were welcomed alike, and jeft bis how pitable abode highly impressed with the amoable qualities of the Minister aud his jady, Port & fea. son, because he saw iit to treat WHR |e seme respect representative men of she North and the South, M: Biacque has been foolishly acoused, not of aAympathizing with the rebellion, but of approving some of the vile acts of a few of the leaders of the Contederacy. For the benefit of those who dont know M. Blacque it ay be proper to state that there ig no truer friend of our government than he, none who admire more our free institutions, Reduction of E ates of the War Depari- ment, It 1s understood that Secretary Beiknap not long since sent requests to the heads of the different bureaus of his department to reduce the amount of their estimates and as far as practicable to cut down the force of employes. Almost without exception the bureau officers replied that their estimates were already below what was actually required and that, therefore, they would prefer to raise rather than meduce them; as to cutting down their working force they consider that is about equally impracticable. It is said that in his report Secretary Belknap will recommend considerable reduction in his depart- ment, notwithstanding the protests of his subor- dinates. £- Presentation of the New Haytien Minister. To-day General Tate, the new Minister from Haytt, was introduced to the President by the Secretary of State, and upon delivering bis credantials made the remarks of which the following 1s @ transiation:— Mr. PRESIDENT—I have the honor to hand to your Exceliency the letter which accredits me to you as Minister Plenipotentiary and Envoy Extraordmary of the government of Hayti. The great triumpis for humanity waich have been achieved of late years in this hemisphere, ana which are mainly due to the Jaborious aud untiring efforts of American philan- throphy, the intelligence and indomitable energy with which your illustrious predecessor, Abranam Lincotn, and the Pepe admunistration have con- secrated them in the statates of this great people of the United States, and in its policy render it hence- forth more obligatory Ben the repubiio of Haytt than upon the other nations of the world, and par- ticularly gratifying to be represented near the gov- ernment of Washington. The exalted philanthrophy aud the readiness 1o make amends to a race for- merly oppressed in this country, those noble princi- pies wluch have led your administration, Mr. Presi- dent, to select @ man of that race to represent the great aud powerful republic of the United States in te republic of Hayti, have awakened in the hearts of all Haytiens who eagerly desire the advancement and elevation of their race @ just sentiment o! ad- miration and gratitude, President Salnave, as Chict Magistrate chosen by the nation, has instructed me to bear witness to your Excellency how highly he appreciates this token of esteem and consideration shown to our race, He entertains in con- sequence the highest hopes for the extension of the relations and the mutual good teeing and sympathy which must henceforth exist be- tween the two countries. For my own part, Mr. President, I congratulate myself, and feel proud that Providence has caused the choice of President Salnave to fall upon me to be the interpreter of fee!l- ings which I Bo earnestly Share Pyar towards the people of the United States vy eral and your ad- ininistration in particular. You may rest assured, etforts in the position which i near your govermment will always tend & au ngthen and consolidate the har- mony which alrei happily exists between tne government of the United States and that ol Hayu. The President repiied as follows:— GsNERAL.—If any proof were wanting of the un- founded character of the prejudice wuich, until recentiy, prevailed at least in diferent parts of this country against the race from wich you are sprung, Mt wight be foand in the high tone and polished style of the remarks you have just uttered, That, how ever, like all similar prejudices, no matter how deeply implanted, must sooner or later yield to the force of truth, The throes by which the new birta here was accomplished were indeed agonizing, and their effects even now are scarcely over. Provident statesmen, however, have neglected no ft oppor- tunity for ganctioning and securing by law those privileges for your Kinsmen which have been the inevitable and natural result of our great clyic con- Yulstop. Among them is their right to émplopment avroad as well hho} the public service, a 3 ORY, th Ba acknowledged by right which, Led the appointment of one of the formerly edna’ con- race t0 represent the United States m Hayu. gravulate myself for this occasion to render homage to the change in pubic sentiment adverted to by receiving you, as i cordially do, as the first Envoy Extraordinary and Minister Pienipotentiary trom tliat republic. Hailare oi Negotiations for a New Postal Treaty with Krance-Freach Opposition ta Cheap Postage. Senator Rauisey, of Minnesota, who was sent over tu negotiate @ postal treaty with France, ar- rived here to-day, The opire boufe journals which have commented so fiercely on tne action of the administration for sendiag Mr. Ramsey to France to negotiate the treaty instead of committing it to the care of the United States Minister accredited to that country, do not seem to be aware of the fact that an American Minister has never negotiated such atreaty, that duty always having been assigned toa special agent. Senator Ramsey's failure was owing to the fact that he re. fused to make concessions to the French government whichjwould have been disadvantageous to the United States, He found the French Postmaster General willing to agree to his terms, but it appears that that oficial is subordinate to the Minister o: Finanee, and could not, therefore, carry out his own wishes, ‘The Minister of Finance was opposed to reducing the rates of postage, on the ground that it would curtail his revenue and reduce the amount of his budget. Senator Ramsey endeavored to show him that it was to the advantage of France, as well as the United States, that a lower rate of postage should be established, The Senator's argument was that wo import from Pars alone about $40,000,000 of moods annually, mostie Jewelry, Hee Sho hSaor to laces and other gewgaws that we can do without “Now,” said Ramsey, “it would be better for us not to bave this trade at au, but you could Rot do so well without tt, and yet {t will be senst- biy diminished after the expiration of our pre- Sent postal treaty.’ The existing treaty, which was made in 1857, expires on the lat of January next. The present rate of postage is thirty cents for half ounce letters to France, while it 1s only ten cents to Germany and twelve cents to England. All the European Powers are anxious to have the United States break off is postal relations with France, #0 that the rates of that vation may be generally reduced, Thus far all other natious have been unable to negotiate a postal treaty witu France ft reasonable rates, and they think if the United States succeeds in its efforts they will all benefit by it, Senator Ramsey’s proposition was ten cents for half ounce letters, each country to coliect on its own side, and he was willing to concede twelve cents, but the French would not hear to this. Ramse; it ap- pears, is not the first failure. Some time ago Mr. Kasson, of Iowa, was sent over for the same pur- pose and failed. It is thought that the incon- veniences arising from the expiration of the present treaty will bring the French oMcials to their senses. Conflict of Authority Between the Diplomatic and Naval Corps. ‘The investigation of the Sub-Committee on Forelgn Affairs into the Paraguayan matters has, it is said, developed the fact of a long standing difterence be- tween our diplomatic and naval corps abroad, in- volving the question of ultimate authority. The committee have aceordingly resolved to summon beforg them Vice Admiral Porter and Second As- sistant Secretary of State Hunter to give testimony ch branch of the question as to the theory and practice of our diplomatic representatives and navai officers in the discharge of their oficial conduct while in foreign ports. The ex- amination concerns the charge that naval omMcers have acted independently of, or have not consulted the views of our diplomatic repre- sentative m important publie matters, which should secure co-operation or unity of action. The investigation will, it i@ thought, lead to such detiniuve regulations as will insure this desirable object. The Darien Ship Canal. The Secretary of the Navy has detached the United Stated steamer Nipsic, Commander Selfriige, to superintend the survey of the most direct route across the Isthmus of Darien for the proposed ship canal provided for by the treaty between the United States and the Colombian government, The Nipsic Will Baie at an early day for Panama. The govern- ment is determined to commence this work at once and to prosecute it with viger. In acecord- ance with the terms of the treaty the expense of surveys and location, as weil as the construction of the canal, are to be borne by the United States. In consideration of this our govern- ment is to have exclusive control of the canal. Itis said that an effort has been made of late by England to get some concessions out of the Colombian gov- ernment, whereby the English would be entitled to certain privileges similar to those enjoyed by the United States, but tae terms of the Darien Ship Canal treaty are such that no such proposition could be entertained by the government of Colom- bia, It is the determination of our governmeut to have sole control of the canal, and it ts expected that considerable progress will be made this winter towards completing the surveys and commencing whe work of excavation. Statistics of Shipbuilding. The Secretary of State has informed Hon. John Lynen, Chairman of the Special Committee on Navigation Interest, that he has instructed all our consuls, including those in the Canadian Dominion, to collect and furnish the commitiee with the infor. mation desired by tiem relative to shipbuliding in the countries where they are located, United States Supreme Court. No opinions were delivered in the Supreme Court to-day. Several cases were argued, tnclud- ing the eteamer Baltimore, the New York and Washington Steamship Company, plaintiff, vs, the owners of the schooner J. W. Woolsteen. This was @ case of collision, James Hickman, plaintff in error, vs. Betts and others. Hickman, a citizen of Alabama, sued the Officers of the court and Grand Jury of his county to recover damages for arrest and imprisonment re- sulting from an indictment found against him for treason against the Confederate government, the claim being they were personally liable for wrong done, the authority of the Confederate States being bo justification for the tnjury sustained. The verdict below, under instructions to the jury, was for the defendant, From this an appeal is taken. The President’s New Private Secretary. The President has promoted Robert M, Douglas, son of the late Senator Douglas, to be his private secretary, James T. Ely, of Illinois, taking Douglas’ former position as assistant private secretary. These changes do not affect General Porters im- portant position or oficial relations at the Execu- tive Mansion, Condition of the National Banks, * ‘The following is an abstract of the reports made to the Comptroller of the Currency, showing the condition of the national banks of the United States and Torritories at the close of business on the 9th of October, 1869:— RESOURCES. Loans and discounts....... Overdrafia .... United States bonds (o secure circulation 339, United States bonds to secure deposits United States bonds and securius on bi Other stocks, bonds and morigages Due from redeeming agents. Due trom other navional ban Dae from other banks and ban . Real estate, furniture and fixtures Current expenses. Premiums..........- Checks and otuer cash lems. Buls of national banks. Bilis of State bank: 3,366, 450, 1 Fractional currency. « 2,090,727 Specie..... .... 23,002,406 Legal tender notes ...... 84,719,295 Three per cent certificates, 45,495,000 Total resources..... + + $1,497, 226,604 LIABILITL | Capital stock ... ‘ $426,809,151 Surplus fund... 86, 169,334 Undivided profits. 40,687,301 National bank notes outst \ 293,693, 645 State bank notes outstanding + 2,454,007 Individual deposits. + 611,400,197 United States deposits 7112/647 Deposits of United State oflicers.. 4,516,648 Due to na 893 95,067, Due vo olver banks and) Noves aud bil rediscounied. Bilis payavle........seesevee Total HWAWWMMEN,... 6.560500 soe -coeee $1,497,226,004 Tue reports were received from 1,018 banks. ®he Baton Rouge Arsenal. The Secretary of War has ordered that the United States Arsenal at Baton Rouge be discontinued. All the movable ordnance property will be transferred to such points as the Chief of Ordnance may desig- hate, After the bildiag is vacated by the Ordnance Department they will be transferred to the custody of the Quartermaster's Department for the use of the troops. Cost of the Pacific Railroad Surveys. It is estumated that the surveys made by the gov- ernment since 1844, with a view to laying out a proper route fora Pacific railroad, have cost over $8,000,000, This is am item that is never taken into account tn calculating the actual cost of the Pacific Raiiroad, though 1t has & most direct connection. Personal, Mrs. Belknap, the wife of the Secretary of War, and family arrived here last Saturday evening with the returning oflcers of the society of the Army of the Tennessee, Biacque Bey, the Turkish Minister, has been very All for three or four days. ‘The Marguis De Chamburn, a distinguished French geptieman, who has residea in this councry for several years and is an ardent lover of our repub- lican Institutions, has returned to this city accom- panied by his accomplished lady, a granddaughter of Lafayette. vlad Ben Wade turned up here sgain to-day and Is interviewing all the big bugs. General Martin McMahon, our late Minister to Paraguay, left here to-night for New York. KEROSENE EXPLOSION, At balf-past nine o’elock last night @ kerosene lamp exploded on the second floor of the premises No. 199 avenue A, occupied by Kate Filalin, causing no damace, . 3 A WOMAN AVENGED. The Durand Scandal Case Again—The “Woman Scorned” on the Trail of Her Evrant Lord=Scoarged With a Whip—The Whipper in Ludlow street Jail. Two weeks ago the H#&RALD published the first chapter in this suit, which bids fair to become one Of the most noted of the family quarrels with which the calendars of the New York courts are becoming crowded. The plaintiff, Mary Durand, then sought toestablish her right to be called the wife of the defendant, Josep Durand, although she admitted that no marriage ceremony had ever taken piace between them, but that they had lived in @ state of concubinage fora period of sixteen years, when the defendant sought to discard her; 80, for the purpose of defioing-her legal status, she brought suit and caused the arrest of her errant husband. Upon @ mouon to have the order of arrest set aside the court held that in the State of New York mar- riage was a civil contr act, no. ceremony by priest or magistrate being legally necessary for its validity. The living and cohabiting togetuer, with the acknow- Jedgments of the parties in the presence of others that they are husband and wife, is all-suficient to make them 80 i the eyes of the law; but while so holding, the court also gave its judicial opinion, that for the causes stated i the complaint & wife could nov sue her husband, and for this reason the defend- ant must be discharged from cusvody, and he was so discharged, But to Mrs. Durand one great point had been gatned, that o1 deciding her to be the de- fendanv’s wife, and although she lost that suit she Was placed by that decision in @ much better posi- tion for future operations, She now brings sult number two, and has again caused the arrest and incarceration of her husvand in the debtor's jail upon (he strength of ute statements contained in the following aMdavit:— County of Now Yorks w-—Mary Durand, being frat, duly sworn, says:—I am plaiatifi in this acon, which I bring to recover Gamages for (elon asaut commited upon me by this defendant; on the Sih day of July last past, at 87 Ciinton place, in the city of New dork, while | lay sleeping in my bed at'about the hour oi four o'clock in the morning the defen 1, and procuring a pistol, which presenting he tureati rge upon me; the pistol. was I verily believe the derendant then and there intended to kill me unless | complied with a certain demand he the mace, to wit, ign a certain pape: which he thea and there produced. 1 beileved tuat he meaut to Kill me, pecauge on the very nicht ve ore aluled ta, in the presence of a witness, be deciared that he would within twenty-(our hours take my life-uaiess I complied with the demaid he made. By reason of tuis assault | have suiferet Al do greatly guifer. At the Ume, so great was violence mhumanity, I’ was thrown into extreme terror mud fear, and afterward illness. LT waa likewise forced to sign the said paper, which 1 now know to have been a confession on my part that I was an uhchaste and depraved Wou.an, and bad been in gexual {ntercourse with a man then and now livin® fn this eity. ‘The ‘acts thus therein siated were cach an. aluntiu: ani who y false; and the deiendant has used and widely publieheu said written paper to my grea: and remediless harm. And deponent further saith that at about one month belore the time hereinvefove stated, the de’endant, at No. §7 Clinton place, ta the ciiy of New York, at about five in the afternvon ot Savurday, ina private room of said house, then violently and with force of arms telo- fully and wath intent to do me great bodily wulted and beat me; that is to #ay, and more ia t defendant thea aud tere forciag me to expose my person, with a whip he then heid in bis right hani. wtrock, beat and lashed my person. My body was lncerate! by the blows thus given, aud turough their (orce I fell prostrate and bieeding upon the floor, 1 made uo cries for, the reason that the defendant (efore the assault’ exhibited a pistol, the same, I believe, I have before mentioned, and which be constantly carried with him, and having presented ii, said that on the first outery whitn C might make he would take my life—a threat which I thea believed he would execute, I then suifered great bodily harm, The marks of tuis lashing I now carry on my body, aud through its violence my th has been greatly fm- paired, hose facts can be substantiated Dy the testimony of credible persons who know them, and whoee affidavits will be Sepnerse in thia action if any of the facts are denied by the defendannt; wherefore I bring this action and cial damages in the sum of $100. And deponent, further saith —I now #tand tn peril of my life at deiendant’s hands. He has over and over again threatened to lake my life. L solemnly assert that in my belief the defendant, at no dis tant day, will attempt to put hia threat in execution, I can- ert tha: the devendant is oF is pot a reaiient; ‘but I do ‘and allege that he has no real property, owns , neither is be & leaseuolder or houscholde: ‘oes business as a commission merchant; is freque absent from the clty in South American ports for montas at atime. He ts reported to be and actuady is worth more than $2,000 but holds no property whatever in bis own name, He occhpies a small ollice ai No, 34 Broadway, but the desk in his olilce he says i# owned by his clerk. {Se boarde trom week to week at No. 46 West Wusuington place. His bank Ant HOW is. and for years has ueea Kept (a another per- soutsname, All the facts nlove set orth I know from my own knowledge, except as to the property of the defenuaut, and these Lhave learned from defendant's own statements aud from the stateraents of bis clerk and muy other. per- sons, MARIA DURAND. ‘Sworn to before me this 11th day of November, 1860—R. A. rive, Notary Public, New York. Judge McCunn, of the Superior Court, believing that He who lays his hand upon a woman Save 1a kindness is a brate, Whom it were base tlatiery to call a man, granted the application of counsellor McCarthy in pebail of tue plaintul, and issued Uke order to acest the defendant, holding lutn Ww bail tn the sum of $10,000. Late op Saturuay evening last bveputy Sherif Lynch again waited upoa Mr. Durand, and the ball not being forthcoming he Was again escorted 10 the debtor's jail, to await the action of the courts in his behalf, An appiication will soon be made to set the order Of arrest aside, a8 beiore, when te pudlie will bave an opportunity of hearing we de- Tendant’s side of the questéon. QUNMIPAL AFFAIRS. Boasd of Aidermen, Pursuant to adjournment this Board met yester+ day with the President, Aiderman Coman, in the chair, Alter the usual preliminaries had been dis- posed of the »oard concurred in a resolution, passed by the Board of Assistant Aldermen, granting per- mission to the property owners on 126th street, between Sixth and Seventh avenues, to regu- late,and grade that seciion of the street at their own expense, A resolution was introduced direeting that the National Guardsman ve made & corpora- lion newspaper. Tuis created a titter of 8 prise among the members of the Board and oth present. On motion of Alderman Miller tue ques tion was referred to the Committee on Printing and Advertising, Where 1 1s likely to rematn in delight- ful obscurity. The Board then adopied resolutions, providing as [oliows:—For the construction of sewers in losth street from Third to Fiith avenues; in 123d street from First to avenue for receiv= ing basin and culvert at tne northwest cor- ner of Noriolk and Heater streets; curp and gutters in Ejighty-iourth street from Broadway to Eighth avenue; paving with Belgian avement—Lafayette place, Seventeenth street, frouz ‘irst avenue to East River; Forsyth street, from Division to Houston street; avenue 0, from Houston to Eighteenth street; to pave with Nicoison pave- ment—Forty-third strect, trom Madison avenue to Fifth avenue; Fifth avenue, from Filty-ninth to Ninetieth street; Lhirty-seventh street, from Sixth to Seventh avenues; Forty-fitvh street, from Lexing- ton to Fourtn avenue, and Waveriey piace, from Broadway to Sixth avenue, ‘ihe veto of tme Mayor in reiation to paving Howard sireet, from Broadway to Mercer street wit the Seeley pavement, was cajed up ant the resouution adopted over the veto. The Read Estate Journal was deciared a corporation paper, The petition of the Long Isiand Bone Laboratory, asking for an increase of the compensation frou $15,000 to $60,000 for removing offal, &c., from the city, Was granted. Donations were made to the New York Magdalen Benevo&nt Soctety of $2,312, and to the Hoffman Dispeasary of $1,000. Several other resoiutions of minor importance were adopted, scr ust the Board adjourned to Thursday, at two P, M, : Board of Assistant Aldermen, The Board met yesterday aiternoon, the President, Mr, Monaghan, presiding. Afverthe reception of a few routine papers the “geueral orders’? wero reached, many of which were resolutions to place gas lamps in certain streets, The following resolution was concurred in:— Resolved, That the salary of the Assistant Librarian, Jans {tor of the City Library, wiso the saiary of the Doorseeper of the Board of Aldermen and the Doorkeeper of the Board of Assistant Aldermen, be and the satus t# hereby increased to the sum of $1,800 per annum; aso that the salary of the Clerk to the City Livrarian ve’ fixed at the same rate as ie now paldto the Seventh Assistant Olerk of the Hoard of Al~ dermen, to take eifect from the lirst day of hundred and sixty-nine, payas pnthiy, ler in hereby directed ty jmy creunes from the appro priailons for “Saiaries—Leyuulative Department." Mr. CKNBY opposed the passage of this ont- Tageous measare by stating that the places of these “gentlemen”? could ve filled for one-third of the sum proposed to be given to them, and they were not satisfied with an increase, but they must have tt dated back nearly & year. ‘A donation of $10,v00 was mare to Mary Sebastian, ope of the sisters of St. Bridgev’s school, to Make au eBtension to their bullding, Mr. RopExtTs opposed this resolution, observing that such donations ought t stopped. We bad a public school systeui, aud personas Who keep priva) Schools ougut to be made to construct and repair their buildings. Tle resolution, however, in (ve classic lauguage of the City Lall, was “put through.” ‘A donation was made to the President of the Con- sistory of the Protestant Reiormed Duich Church of $845, Co enable him to pay af assessment for extend~ ing Maqison avenue. ‘The Croton Aqueduct Department was directed to have 1234 street, from First avenue to avenue A, paved with Belgian pavement, Three resolutions granting compensation to per» sous for the loss of their horses by defective and rotten piers were adopted. Afier receiving a few papers from the Aldermen the Bo ard adjourned till Thursday, PORT JERVIS MURDERER. At the Court of Oyer and Terminer for the county of Orange, convened here on Monday morning Mr. Joseph F. Barnard, of Poughkeepsie, presiding judge. Warren Fellows, the Port Jervis murderer, was arraigned and pleaded not guilty to the tne dictment of murder found against him at the Sep- vember sessions, ‘The trial of the case Was put over to the January Oyer and Terminer. Fellows’ counsel are David F, Gedney, George W. Greene, Member of Congress; Thomas J, Lyon and George Clawson, ger the peopie are 5, W. fullerton and 0, H. Wine