The New York Herald Newspaper, June 21, 1870, Page 3

NEW YORK HERALD, TUESDAY, JUNE 21, 1870.—TRIPLE SHEET. WASHINGTON Important Amendments FPro- posed to the Tax Bill, The Attorney Generalship---The Presi- dent Sticks to Ackerman. Senate Discussion of the Post Office ‘ Appropriation Bill. Appropriation Bills Passed py the House. Le Ben Butler Gets in His Dominican Annexation Resolution. Proposed State Govermment for New Mexico. WASHINGTON, June 20, 1870, The Struggle Over the Nomination for Attor- ney General, Senators are still pressing the President to with- draw the nomination of Amos T. Ackerman, bit the President has up vo this time declined todo so. He informs Senators, it ts said, that he considers he has @ right to name his advisers, but if they have any Feasons to present showing why he should withdraw the nomination he is willing to listen to them; that he does not wish to name a man for the position ‘that 1s objectionable to the party, but that he is interested and 1s supposed to know who suits him, He says that he knows Mr. Ackerman, and thinks ne will make a good officer. The carpet-baggers are generally opposee to his confirmation, put the Senators from the South that are native born inform the President that they are satisfied and will make a 4 00d fight to secure the confirmation. The Presi- dent has not heard from Mr. Ackerman yet, but itis Supposed that he wili shortly arrive here, It is said the President is not influenced by the clamor of Senators for a withdrawal, but it is understood that if Ackerman cannot be confirmed his name will be ‘withdrawn. It i# asseried, however, that asum- cient number of Senators have assured the President Of their satisfaction to insure favorable action. Important Amendments Proposed to the Tax Bil. The following are the amendments proposed by the Committee of Finance to the House bill for the reductton of taxation and for other purposes:— ‘They strike out the first eleven sections of the bill. being all those which provide for the retention of Various special taxes, including the tax on bankers, Tectiliers, dealers in tobacco, lottertes, passports, &c., aud in their stead provide for the repeal of ail Special taxes whaisoever from and after May 1, 1871, with the exception of the special tax on brewers and the tax on distilled spirits and tobacco. The bill reported also provides for the repeal on and after the 1st of next October of the several taxes on sales imposed by existing laws, except such as are paid by stamps, and the tax on sales of leaf tobacco, manufactured tobacco, snutf, foreign and domestic cigars, distilled spirits and Wines. It also repouis the taxes on articles named in “schedule A;” the special taxes on voats, barges and floats; on legacies, successions, passports and gre ipts, sald repeal to take effect on the Ist of ’ next October. The committee also propose to strike Out all the sections of the House bill relating to stamps, thereby leaving in 1ull force the provisions of the existing laws relating to stamp taxes, with the exception that the stamp taxes on promissory for a less sum tnan one hundred dollars; and on receipts for any sum of money, and on canned and preserved fish are to be repealed from and ai the 1st of next October; and no stamp shall be r , @uired upon the transfer or assignment of a mort- a ona thereof, or when transferred @p cOllateral socurivy. ‘The bill fixes the schedule of estates, to be allowed purchasers of proprietary stamps having their own dies and designs, and provides also that matches, cigar lights and wax tapers may be removed trom the place of manufactare without payment of tax or amxing stamps thereto, under such regulations as the department may prescribe. The sections of the House bill relating to the income tax are not altered in any material pariiculars, except tnat the clause 1s stricken out which limited the deduction on account of house rent to $500. The rate of tax, therefore, remains as fixed by the House at three per cent, with an exemption of 000, The committee report in favor of striking out the provisions of the House bill requiring manu- facturing, mining, gas, coal and bridge companies 40 pay a tax on dividends, but leave the other provi- sions relative to corporations unaltered, An addi- tuonal section authorizes the President to consolidate two or more collection districts, retaining one col- Jector and one assessor for the same, whenever in his judgment such consolidation can be eifected ‘Without detriment to the public interest. The provisions of the House bill in regard to taritt 4 duties are changed in the following particulars:— The clauses relating to duties on chicory and other substitutes for coflee, all kinds of spirits, all kinds of wines, brandies and: cordia!s; manufactures of cot- ton, flax and hemp; nick¢l, German silver, alumi- Bum, watchcases, watch movements, chronometers, 4 oranges, More ioiage 4 rope grapes, prunes, plums, printed books, bock matter, pambilets, furs, ot’, seeds and oils made from them apd unprepared opium are stricken out. The clauses relating to ail kinds of sugar are also stricken out, and in their stead the following are substituted:—On ail sugars not above No. 7 Dutch standard in color, and on all syrups of sugarcane, pone or concentrated meiado. or concentrated mol: 8, One and three-quarter cents per pound. On sugar above No. 7 and not above No. ‘10 Dutch standard, two cents per pound; between Nos. 10 and 18, two and a quarter cents per pound; between Nos. ig and 16, two and a half cents Der pound; between Nos. 16 and 20, three cents per pound. On sugar above No. 20 Dutch standard in color, and all refined loaf, lump, crushed, powdered and granulated sugars, four cents per pound. The duty on molasses [rom sugarcane remalos as fixed by the House, at five cents per gallon. The duty on Manila, Russia and other hemp, un- Manuractured, Js fixed at $25 per ton. The duty on jute buts is changed from $10 to $6 ir ton. ‘The duty on live antmals ts lowered from thirty to twenty per cent ad valorem. ‘The duty on all animat oils is changed from twenty cents per gallon to twenty per cent ad valorem. ‘The rate on prepared opium 1s lowered trom $10 to $6 per pound. The rates of duty on teas, coffee, pig iron, scrap iron and steel railway bars remain as fixed by the House, including the proviso relating to Bessemer steel; but the following proviso is inserted:—Pro- vided that round iron, in coils, three-sixteenths of an inch or less in diameter, whether coated with metal or not, and all description of iron-wire and wire of which iron is a component part, and not otherwise provided for, shall pay the same au as iron wire bright coppered or tinued; and provided farther, that the steel commercially known as crino- Une, crossed and heated steel wire, shall pay a duty at the rate of nine cents per pound, with ten per cent ad valorem. The following clauses are added by the Senate Committee, imposing new rates of duty:— On bituminous coal and shale fifty cents per ton of 2,240 pounds; on cotton bagging or other manufac- tures ngt otherwise provided for suitable for uses to which cotton bagging is supplied, composed wholl or in part of hemp, jute, flax or gunny cloth, if val- ued at leds than ten ‘cents per square yard, two cents per pound, and if valued at more than ten cents per square yard, three cents per pound; on corsets, or manufactured cloth woven or made in patterns of such size, shape and form, or cut in such manner as to be At for corsets, when valued at ten dollars per dozen or less, three dollars per dozen; when valued at over ten dollars per dozen, thirty- five per cent ad valorem; on eylets of every descrip. tion, six cents per thousand; on ultra-marino, six cents per pound; on rough or unfinished grindstones, one dollar and a half per ton, or finished. two dollars; freestone, era granite or monumental stone, except marbie, one dollar per ton; on sawed, dressed or polished marble slabs and marble paving tiles, thirty per cent ad valorem, and twenty-five cents per square foot; not exceeding two inches in thickness and if thicker not exceeding six taches, ten cents per foot; on haircloth, forty cents per square yard; on crinoline haireioth, thirty per cent ad valorem; on tron hair ptus, fifty per cent ad valorem; on silk but- tons, fifty per cent ad valorem. ‘The bill provides that for two years from the time of its passage machinery designed only for and adapted to be used for steam towage on canals, aud not now manufactured in the United States, may be imported by any State or by any person duly author- ized by the Legislature of any State, free of duty. . The following articles, inciuded in the free list of the House bill, are stricken out by the Senate com- mittee:— Oxalic actd, sulphuric acid, antimony, books, maps and charts specially imported in slagie copies wad not for sale, of which no editions are printed io the United States; oak‘ bark, crude sulphur and rough diamonas. ‘Fae daie on which the provisions relative to the ‘ tariff are to take effect 14 designated as October 1, 1870, instead of December 31, ad Mxed by the House. ' ‘The following ts an amended section:— Sxorion—-And be it further enacted that all goods, Wares and merchansise remaining in bonded ware- houses on the day and year this act shall take eifect and upon which the duties shall have beeh paid, shall Po entitled to a refund of the difference pe- tween the amount of duties paid and the amount of e same were ried respec! after that day. = The Senate Committees. The Senate Committee on Finance have com- pleted their deliberations on the Tariff and Tax bills. Admiral Porter had a long interview at the Capitol to-day with Senator Chanaler in relation to Ameri- can commerce, The special investigating committee in the Hatch case will meet on Wednesday morning and listen to the report, which will then be made to the Senate, It 1s understood that Messrs, Nye, Howard, Wilhams and Warner voted for the complete acquittal of General Babcock in regard to the charges of Perry, General |Butler’s St. Domingo Annexation Resolution. u The joint resolution introduced by Mr. Butler, of Massachusetts, this morning and referred to the Committee on Foreign Affairs, for the acquisition of Dominica, provides that that republic shall surren- der to the United States the public buildings, fortin- cations, &¢., and be incorporated as a State in the Union; the United States to pay $1,352,000 in gold to liquidate the debt of Dominica. The Soldiers’ Home Investigation. ‘With regard to the proposed investigation by the House Committee on Military Affairs into the man- her in which the money contributed to found the National Home for soldiers and sailors has been ex- pended, General Butler appeared before the commit+ tee to-day and stated that he wished the fullest investigation to be made. He had no objection how thorough it might be made. The Fortification Approprintion Bill. ‘There was a@ lively debate in the House to-day on the Fortification Appropriation bill, a number of the mem! taking the ground that, under the im- proved ordnance and projectiies used in modern warfare the old brick or stone and mortar forts are no longer of any avail, and that it 1s useless to ap- propriate any money for their maintenance. The appropriations in this bill were made chiefly on the recommendation of the engineers of the army, and this seemed to have weight with the House; for, despite all protestations, the bill passed, The Cuban Lobby Investigation—Another De- nial of Taylor's Story. Genotal Pickett, whose name is mentioned in con- nection with the statement of N. B, Taylor relative to the alleged use of Cuban bonds for the purpose of influencing members of Congress, has written a let- ter injwhich he denies én toto all the allegations put forth by Taylor a3 connected with himself. He offers to go before Butler’s committee and answer all the questions that may be put to him—having obtained the consent of his client for that purpose—concern- ing his connection with Cuban bonds. It 1s under- stood that there 13 nothing in bis evidence of in- terest. The American aud Mexican Claims Commis- sion met to-day and extended the time for allowing claims to and including the 30th inst., and for filing memorials and proofs to January 1, 1871. The Case of Judge Duval. Charges having recently appeared against Judge Duval, of Texas, Messrs. Paschal, A. J. Hamilton and R, N. Lane, of that State, in a card published this afternoon, say 1t is utterly untrue that, from the time that State seceded up to the time of his coming North, Duval acted as a District Judge under the so- called Confederate government and drew his pay from the treasury of that concern. They also ex- plam the circumstances under which Duval came North in 1868. Satisfactory statements Were at that time made to President Lincoln and his Cabinet, when Duval received his pay from the federal Treasury after taking the iron-clad oath, and re- turned to Texas with the expedition of General Banks in the fall of that year.) Personal. Hon. J. B. Hawley, of Illinois, who has been con- fined to his lodgings during the last four or five days, « 1a.con’ x M GOVERIO Cimtpbell, ©: Wyoming Territory, who Was summoned to Washington on business con- nected with Red Cioud’s mission, will leave here to- day on his return to that Territory. Secretary Fish arrivea at Fortress Monroe this morning on @ visit to his daughter, the wife of Colonel Benjamin. A salute was fired from the fort in honor of his arrival. Census Reports of Population to be Given to the Press. The following circular letter has been issued from the United States Census Oitice to United States Mar- shals:— Sim—You are authorized at your discretiowto give to the press the total population of towns, cities and counties When complete returns from the same shall have been received at your office, and so far ex- amired as to satisfy yourself of the thorougiiness and accuracy of the work. This power, however, you will reserve to yourself and not allow assistants to divulge the result of the enumeration, This will not be considered as causing any departure from the rule laid down in instructions from the department that all the personal aspects of the census shall be suriculy*conudential. Very respectfully, vour ove- dient servant, FRANCIS A. WALKER, Superintendent. FORTY-FIRSI CONGRESS. Second Session. SENATE. WASHINGTON, June 20, 1870. CANNON FOR GENERAL LYON’S MONUMENT. Mr. WiLson, (rep.) of Mass., from the Military Committee, sreported the joint resolution granting condemned cannon for a monument to General Nathaaiel Lyon in Greene county, Missouri. Passed, PETITIONS PRESENTED, Mr. McCREERY, (dem.) of Ky., presented a petition from the Kentucky Congressional delegation for the removal of the political disabiliues of a large number of Kentuckians. Referred. Mr. SUMNER, (rep.) of Mass,, presented a memorial from @ former slave, living in Warrenton, Virginia, during the war, and keeper of a livery stable, whose stock was taken for the use of the Union army, ask- jug compensation therefor. ‘the memorial being referred to the Committee on Claims, Mr. Pray, (rep.) of Ind., a member of the jumittee, said a large Class of such claims had already been reported to the Senate. He hoped that some one case would be taken up and disposed of to show the disposition of the Senate as to the payment of ail similar claims. TAXING FOREIGN TELEGRAPH COMPANIES, Mr. DRAKE, (rep.) Of Mo., introduced a joint re- solution concerning telegraph companies, providing that all foreign telegraph companies having offices and receiving moneys in the United States are sub- ject to the provisions of the internal revenue laws, and requiring the enforcement of said taws as to future and past receipts of income and charges in the,United States ®f said companies, Referred to the Committee on Finance. RAILROAD CHARTERS, Mr. HOWARD, (rep.) of Mich., introduced a joint resolution in relation to applications for alterations of railroad charters, prohibiting such applications being recelved or acted on’ by Congress in behalf of companies which have recelved land granis, uuless the reasons therefor are specifically set torth. CONDEMNED PROPERTY IN VIRGINIA. Mr, Lewis, (rep.) of Va., offered a resolution calling upon the sident for information as to moneys paid into the United States Treasury on ac- count of property seized, condemned and coniis- cated in Virginia by virtue of the act of Congress on that subject, Adopted. Mr. SHERMAN, (rep.) of Ohto, from the Committee on Finance, reported, with amendments, the House bill to reduce taxation. ARMY AND NAVY OFFICERS’ SETTLEMENTS, The House amendments to the bill to authorize the settlement of the accounts of officers of the army and navy were concurred in. POST OFFICE APPROPRIATION BILL, At fifteen minutes after one o’clock P. M. the Senate resumed the consideration of the Post Office Appro- priation bill, the question betng on the amendment of Mr. Ramsey to abolish the franking Pan vo Mr. SUMNER further advocated his proposition for cheap postage. After remarks by Mr. Morton, (rep.) of Ind., upon the comparative cheapness of our own postage, and by Mr. CONKLING, (rep.) of N. Y., agaist loading gown the franking reform with extraneous matter, Mr. Sumner’s amendment for one cent postage on half ounce letters was voted down—yeas 19, nays 29. An amendment for two cent postage was oilered and advocated by Mr. NB, (rep.) of Nev. He said that, according to the showing of the Postmaster General, a saving of five millions per annuin would be effected by the franking repeal; therefore two cent postage would still enable the Department to become self-supporting. Theamendmont was lost—21 to 28, Mr. DRAKE moved an amendinent allowing five hundred dollars for each member of the Senate and House for postage. Mx, Stewant, (rep.) of Ney., favored @ radical, change of the Post Office by the substitution of a postal telegraph under government supervision. He sald the teloutaph had superseded the post office as a means of communication among the rich, and that by the government tak.ng charge of it telegraphic fa- cilities would be secured to the rich and poor alike. a went fo vd Sgr Oe Associated ben Lig ed estern Union Telegraph Company, arguing that the ibareata of the fortum ooteoatiod st ‘pander to local dices in the d! ation of hews and that the monopolizing tendencies of the latter needed restriction, A government telegraph system, he hela, would furnish a cheap and — means of informing the people of the doings of their repre- sentatives, a DRAKE'S Amendment was rejected without a ISs1On. Mr. NYB, (rep.) of Nev., moved an amendment to ailow all newspapers to be sent free to bona side Subscribers within the limits of the United States. Lost—28 to 35, Mr. SPENOER, (rep.) of Ala., moved to amend that the abolition of the franking privilege shall not take effect Gil October'1, Agreed to—85 to 23. At hatr-past four o'clock, without disposing of the ending ainendments, the Senate took a recess ull + haif-past seven o'clock, with the understanding that the Southern Pacitic Railroad bill was to be the order of business at the evening seston, Evening Sessi The Senate reassembled at haif-past seven o'clock. THE FRENCH TELEGRAPHIC CABLE, Mr. SUMNER submitted a copy of thé correspon- dence trom the State Department, setting forth that the French Cable Copper had renounced the ex- clusive priviiega conferred upon them to land cables on the coast of France. Ordered to be printed, TEXAS PACIFIC RAILROAD. On motion of Mr. Rice, (rep.) of Ark., the Senate took up as the special business of the evening the ‘Texas Pacific Railroad bill—a bill to aid in the cone struction of a railroad and telegraph line from Mar- shall, Texas, to San Diego, Cal., with branches and conuections. An amendment providing for the consolidation of the Alabama and Chattanooga, the Vicksburg and Meridian and the North Louisiana and Texas rail- roads, and their junction with the Texas Pacitic road, at Marshall, was discussed upon the propriety of reviving the old land grants to those companies. ‘rhe amendment was finally adopted with a proviso continuing existing grants, wA number of amendments were submitted without action, when the further consideration of the bill ‘was deferred until Wednesday evening. THE POST OFFICE APPROPRIATION BILL was then taken up, the question being on the frank- ing repeal amendment. : ir. TRUMBULL said he had been, and was still, a friend of the proposed repeal; but his views bad un- dergone a change during the debate. The chairman of the Post Office Committee (Mr. Ramsey) had stated that an appropriation of $1,200,000 would be neces- sary to enable the departments to purchase stamps it the franks were aboilshed. The cost of manufacture, the danger of fraud, and liability of stamps to be stated, rendered the proposed system more objettionable upon economi- cal grounds than the {ranking privilege. He offered an amendment limiting the franking privilege to the departments and permitting public documents to be franked trom Washington city only. A motion to adjourn was made, when it was found, upon a vote by yeas and nays, that there was i@¢s3 than @ qnorum present, Upon the conclusion of the roll call the chatr an- nounced only thirty-five members—less than a quo- rem present. Pending @ motion to direct the Sergeant-at-arms to notify absentces, and request their attendance, ‘The Senate at 11:15 acjourned, HOUSE OF REPRESENTATIVES. WASHINGTON, June 20, 1870, BILLS INTRODUCED AND REFERRED. By Mr. PoLAND, (rep.) of Vt.—Autiorizing the President to open negotiations with the British North American provinces for their admission as States of the Union, By Mr. BuTLER, (rep.) of Mass.—To annex the re- public of Dominica, By Mr. RANDALL, (dem.) of P: ‘Supplementary to the act of the 18th of May, 1870, for the relief of widows and orphans of the officers, seamen and marines of the United States vessel of war Oneida, By Mr. Wixson, (rep.) of Ohio—To promote the culuvation of the public lands, offermy annual pre- miuins for the best homesteads, &«. By Mr. MuNGEn, (cem.) of Ohio—To repeal all laws and resvlutions with reference to spirit meters, By Mr, OLanrke, (rep.) of Kan.—Making grant of lands to the Preston, Salina and Denver Railroad Company. By Mr. CowLEs, (rep.) of N. Y.—To provide for the paving of Pennsylvania avenue, Washington city. Passed, PAYMENT OF VIRGINIA MEMBERS, Mr. SHELDON, (rep.) of N. Y., offered a resolution for the payment to the members from Virginia of the same amount of compensation paid to other mem- bers of the Forty-first Congresss, Mr. Dawes, (rep.) of Mass., said that that was ’ sunny to the law fixing the compensation of mem- rs. ‘The House refused to order the main question by a vote of 4¥ to 96, and the resolution was referred to the Judictary Committee. WINE AND SPIRIT Mr. Uux, querer je Vey eee petition from wine and liquor importers of New York city tor re- lies from inordinate and special taxes. Referred. DUTIES ON FISH AND POTATOES. Mr. Fox, (dem.) of N. Y., offered a resolution Ine structing the Committee of Ways and Means to re- port tge bill reducing the duties on potatoes and ail kinds of fish fifty percent. In order to have a une vote he moved that the resolution be laid on the able. : The motion was rejected—yeas 65, nays 85. The resointion was then, on motion of Mr. MayNanp, (rep.) of Tenn., referred to tne Committee of Ways and Means—yeas 111, nays 42. CUBAN MATTERS, Mr. NEGLEY, (rep.) of Pa., asked leave to offer con- current resolution for the appointment of a joint select committee on the subject of Cuba. Mr. ALLISON, (rep.) of lowa, objected, Mr. NEGLEY moved to suspend the rules, Mr. FARNSWORTH, (rep.) of Ill, inquired why the matter should be taken from the Committee on | Foreign Affairs. ‘The House refused to suspend the rules, and the resolution was not received. Mr. DAWES moved to go Into committee on THE FORTIFICATION APPROPRIATION BILL. Mr. Jupp, (rep.) of Ill, desired to go to the busi- ness on the Speaker's table, for the purpose of! getting at the Senate amendments to the Apportion- ent bill. “tr. Dawes warned the House that he had assur- ances from the Senate that unless that body received from the House all tne Appropriation biils this week it would be avsolutely necessary to extend the time for adjournment. Mr. SARGENT, (rep.) of Cal., from the Committee on Appropriations, reported back the Senate amend- ments to the Inaian Appropriation bill, aud said he would ask for thetr consideration on Thursday next, The House then, at fifteen minnies to one o'clock, went into committee of the whole, Mr. Orth in the chair, on the Fortification Appropriation bill. ‘rhe bill appropriates $1,264,759, as follows:—Forts Preble, George and Scannel, Portland, Me., $75,000; Fort Independence, Boston, $53,000; Fort Warren, Boston, $100,000; Fort Winthrop, boston, $62,000; Fort Hamiiton and additional battertes, New York, $46,000; Fort Tompkins, Staten Island, unexpended balance Fort Schuyler, East river, New York, $50,000; Fort on Willett’s Point, East river, $90,000; Fort Columbus, Governor's Island, N. Y., $52,0003 Fort Wood, Bediloe’s Island, N. Y., $16,000; Battery Hudson, New York, $30,000; Fort Mimin, Philadei- phia, $26,750; Fort Delaware, Delaware river, $18,500; ni’s Point Battery, opposite Fort Dela- ware, $33,500; Fort Point, San Francisco, $100,000; fort at Li Point, San Francisco, $100,000; fort at Alcatraz Island, San Francisco, $50,000; contingen- cles for preservation and repair of other foris, $100,000; sea coast mortar batteries, $75,000; sar- veys for miittary defences, $100,000, Total, $1,264,750. Mr. NIBLACK, (dem.) of Ind., who had charge of the bill, explained and advocated tt. Mr. BEAMAN, (rep.) Of Mich., stated that he had in- formation from the repre ative of the War De- partment that these fortifications would not suffer if there were no appropriztions made for them, and he gave notice that he would move to strike out the en- acting Clause. Mr. BEcK, (dem.) of Ky., advocated the bill as ne- cessary, and said the object of its opponents was to be able to present an appearance of economy; but they would have to get up deticiency bills next winter, Mr. DAWES advocated the bill. They had let the navy run down, and now it was proposed to let the home defences run down. He had no apprehensions of war with Spain or any other Power; but neither was he willing to take the responsibility of inviting war by au exhibition of weakness. He was not will- ing to expose the ju seaports of the country to bombardment, one hour of which would inflict more Gamage than forty times the amount appropriated 1p the bill. The discussion.on the necessity or utility of the appropriations was continued by Messrs. Farns- worth, Coburn, Judd, Banks and Lawrence, Mr. Dawes reminded the members that a short time since an association of military men met in London and discussed the question of American defences, when it was stated that the Americans might overrun Canada and the British Possessions, but that the Engiisn, with their ships, could enter every harbor on the seacoast and destroy them. He asked whether they were to abandon all effort to put the seaboard towns in a siate of detence. Mr. BEAMAN moved to strike out the enacting clause, which was negatlved—s9 to 60. ‘The discussion was renewed, Inthe course of It Mr. BUTLER, of Mass, said he did not pretend any great knowledge of fortitications, but had seen fleet of wooden ships in the channel of a river running four miles an hour, only three-quarters of a mile wide between forts, with 168 guns Lens on them, and no one of these ships was substantially injured. It was, therefore, clear to his mind (and he belteved he spoke the universal thought of the navy) that it was impossible to build & fort past which a deet, especially an iron-clad feet, could not go. The dificulty which ne found with the bill was that it did not appropriate enough for what was claimed to be done with it, and uppropriated too muchJor what would be done with it. ‘The dif- ficuity with heavy guns en fortifications was that they could be fred only once in fiteen mimuies, and in the course of that ime the Black Warrior, for m- stance, steaming twelve miles an hour, went three miles and got out of range. In his judgment iron- clads, floating batteries, monitors, were tie ouly 1e- liable harbor defences, Therefore he had been sorry to see a dimination in the appropriation for that pui- pose in the Navy Appropriation bill, and he should be sorry to see aS great expenditures for carrying ‘on harbor stone for Acavons, Al fer @ discussto.” “4g Committee rose and re- rted the to the House, Pour, BRAMAN Moved to lay it on the table, which was ted by a vote of 71 to 83, The was then . “iw. ORNTKAL PACIFIC RAILROAD. Mr. JULIAN, (rep.) of Inil., asked leave to report back from the Committee on Public Lands a Senate bill relating to the centra! branch of the Pacific Rail- road in Kansas, which had been taken from the Speaker's table some time ago and referred to that committee, He wished it to resume its place on the Speaker’s table, as the committee had no time to consider it, and if it had it would have no opportu- nity to report it, Objection was made by Messrs. Taffe, McNeely, Randall, Farnsworth and others on the ground that the pill 1p ite ppreaens condition was dead for the ses- ston, while if it was on the Speaker’s table there would be a chance of its passing. Mr. DAWES moved to suspend the rules in order to have the bill replaced on the Speaker's table, and argued that its provisions were simply to give to one branch of the Pacific Rattroad that which Congress ve in the beginning, the connecting road having en diverted from it by a subsequent acl. Mr. FARNSwoxta, (rep.) of Til., suggested to Mr. Dawes, humorously, whether it was not in order to ge@into Committee on the Appropriation bills, as it Was absolutely necessary to send all the appropria- tion bills to the Senate this week. (Laughter.) Mr. TAFFE, (rep.) of Neb., stated that the bill had assed in the Senate by an agreement that certain lands should go to this road and certain lands to the Nebraska roud, and he feared that Nabraska was not to have'the benefit of the bargain. (Laughter.) Mr, FARNSWORTH inquired whether it was the game of odd and even—one road to take the odd sections and the other the even sections, Mr. SARGENT informed the House that it was not: the Central Pacific Railroad of California that all the quarreling was about, The House refused to suspend the rules, and the bill remains with the Committee on Public Lands. THS ARMY APPROPRIATION BILL. The L House then went into Committee on the Army Appromesion bill, with Mr, Hoar in the chair, ‘The bil SuEtepeialce $29,977,367. On motion of Mr. Dawes an sppranriaiion, of fifty thousand dollars was made for taking meteorological observations and giving notice to the Northern lakes and of the approach and force of storms. On motion of Mr. SHANKS, (rep.) of Ind., an appro- priation of twenty thousand dollars was made for ornam< trees and shrubs in the Northern ceme- teres. Mr. BRoogs, (dem.) of N. Y., sald that the bill ap- prounaeed nearly thirty millions. Without opposing it he desired to say that he hoped the army would be put to a better purpose than it had been put to for the last year or two—the suppression of human oe ag regular government in eleven States of e noe. committee rose, and the bill was passed by the louse. STATE GOVERNMENT FOR NEW MEXICO. Mr. OULLOM, (rep.) of ill., from the Committee on Territories, repo @ bill to authorize the people of New Mexico to form a constitution and State govern- ment, and for the admission of such State into the bree ‘a8 the State of Lincoln. The bill was recom- REDEMPTION OF NATIONAL BANK NOTES. Mr, Cox, from the Committee on Banking and Cur- rency, reported a bill to require national banks going into dation to retire their circulating notes, which Was passed. , THE PRESIDRNT’S CUBAN MESSAGE. Mr. MAYNARD, (rep.) of Tenn., asked leave to offer a resolution declaring the full concurrence of the Mouse in the statements contained in the President's recent message in regard to Cuba, Messrs. Fox and others objected. Mr. MAYNARD moved to suspend the rules. Mr. Fox moved to adjourn. Mr. MAYNaxp sald the other side of the House seemed determined to filibuster, Mr. Pox withdrew tne resolution, so a8 not to obstruct other business. ARTIFICIAL LIMBS FOR SAILORS, Mr. ScoriELp, (rep.) of Pa., ‘rom the Committee on Naval Affairs, reported the bill extending the Pprovistons of the act of June 17, 1870, in relation to furnishing artificial limbs to ofticers ‘and sailors of the navy and marine corps, Which was passed, The House then, at ten minutes to flye o'clock, “adjourned, THE NATIONAL GAME. Atlantic vs. Athletic, of Philadelphia. The avove clubs played a game on the Capitoline ground yesterday, and, to the astonishment of the spectators, the Athletics won the game by a score of 19to3, The Athletics at the close of the game tele- graphed to Philadelphia that they had won the championship, put this the Atlantic Club deny, and declare that the game was only a practice game. The president of the Athletic Club announced that such ‘was not the fact, and that he had documents to prove that the present game was the second of a series, and was agreed upon some time ago asa ular series of match games. The Atlantic Club president roduced # document signed yesteyday by John Koel, of the Athletic Club, agreeing that the first, be practice games, and the second (tO be played in August or the regular match games. This document the president of the Athletic Club repudiated and refused to sign, so the whole affair looks like some “Philadelphia lawyer” practice to “shenanagin” away the cham- plonship, which they had tried so loug and unsuccess- Tully to win. ‘The score of the game is as follows:— ATHLETIC. ATLAN: O. RAB. T.PO.A. a Players. O. RAB. T.PO.A, Reach, 2ib,. 43 33 45 ale wep We McBride, p..2 4 4 4 01 & oo3s0 Malone c. ..38 28 4 61 2260 Fisier, Istb:. 2 3 8 512 0 1150 Sensenderfer, »2 8 3.6 1 0 Ferguson,c. 1120 1238 1 O Zeitilein, p. 2201 32238 21 Hall,c.f. 0070 6012 0 O Pike, 20 vos 2 40001 2 MecDonal vols 97 19 22 29 27 10 7737 4 INNINGS. Che, Int. 2d. Bt. 4th, Buh. Gh. Tth. 8th. Wh. Athletic .. 2 eh a ie Oo 8B 0-19 Atlantic 0 a8 5 Oe at 0 0 0 of the Empire Club, thirty minutes. Umpire—Mr. wer, Time—One hour and Base Ball Notes. OMicers Dewey and Hayes, the president and sec- retary respectively of the Hoboken police, have sent a note to Chief Fowler, of the Jersey City police, challenging a picked nine of the latter to piay a friendly game of base ball. It 1s thought the challenge will be accepted, ‘he employés of the cloth house of John Mott & Co. defeated the employés of J, C, Howe & Co. on Saturday, at Jersey City, by a score of 28 to 25, The game between the Red Stockings and ama- teurs of Newark, resulted, as a matter of course, in a Victory for the former by a score of 53 to 21n six innings. Messrs. Brainard and Allison were absent and their places were filled by Atwater and Dean. CHZSS MATTERS, Match Game Between Lisener ard Perrin— ‘The Former Resigns. The following game was played recently in the pending tournament at the Café International, Mr. Perrin giving the odds of me and moye:— Remove black K B P'Trom the bo: mer, White. #, Perrin, Black, 1—PtoK4 i—P oK 3 2—PwQ4 2—-PwWQB4 3—BWKS 3—P tks P 4--B tks P 4—Qtu Récn 5--B to BS b—FloQ Kt 6—K KttoB3 6—K Ktto B38 1B to Q3 i—Vasiles 8—B iks B 9—P to Qs 10—Q Ki to BS 2 1I—P toQ eR 3 wo QB4 12—Q to QB2 Ke tto K KtS 13—Q to K 2 1M-QRtoQ M4—K Kt to x —PtoK D4 15—P toOK RB 16—KttoK R38 16—K to R2 1—P to BS J7—P tks P 18—Kt to B4* 18—Q te K 4 (ad 19—Kt to Kt 6 (b) 19—Q to B3 20—Kt tks R 20—Q tks Kt 21—Q to B4 21—P to K Kt4 22—Qto B2 2—P to BS 23—P to K RB 23—P to Q Kt 4 24—Kt to Q Kté A—R tO B 25—Kt tks B 25—R tks Kt 26—Q to Q Kte 26—-R to QR 27—Bto Q5 27—-Q toQR2 2 tks Q 28—R tks 29—R to Q4 29—R to 2 30—R 10. QB 30—P tok RA BI—P toQR4 82—P tks Kt P 3 33—P tks P 33—P ths P 34—R to Q Ktd i—Kt to Q6 3o—P tks Kt —R tks Rech 36—K toR2 i—P to Kt 6 ch 37—-K to RS 37—Kt to B3 38—K toR4 88—K to Kt 3 Wihute resigned (0). This move lores the exehange. Kt to K 4 mcems to vffthe best reply, although white would have obtained « for. midable attack. (b) Very well conceived, for if K tke Kt, P tks P ch, and black’s queen is lost if Q to B4 ch. White plays K to R, and black cannot take Kt without being subjected to an over- powering attack. (c) On the termination of the gamo it was pointed out to white that by playing to K6 he might have prolonged the game. Several back games were played, aad Slack in- variably won. THE BOY CONSTABLE ON NzWARK. Yesterday forenoon, in Newark, N. J., a boy of about fourteen years, named George Virtue, entered the po- ve station, having in custody a girl several inches tal- er and two years older than himself, named Catherine Stevens. She stole a dollar bill from a little daugh- ter of Mrs. Mederaft, of No. 31 Greenwich street. ‘The latter was unabie to run after, so George volun- tecred and caught heron the fy. He wanted to know of the oificer in charge if it was a legal arrest, and was advised inthe affirmative. The girl was sent to jail, where her sister had already, last Friday, been sent under similar circumst Mrs. Mea. rast offered littie George a douceur, Luk, conceiving, donbdiless, that “Virtue had lis own seward,” he manual” deciined the present, YACHTING. Twin Regattas of the Harlem and Manhattan Clubs. The Brilliant Achievements of Two Squadrons with a Good Southwest Breeze—The Prizes ‘Won by the William Knapp and Carrie Porter, of the Harlem Club, and by the Joseph Jefferson, La Favorite and Skip-Jack, of the Mauhat- tan—Gayety, Excitement and General Satisfaction. <a Yachting at the upper end of the island ts not backward, and the two fine regattas of the Manhat- tan and Harlem Clubs demonstrated this fact yester- day in a very conspicuous and praiseworthy man- ner. For weeks Harlem has been agitated over the anticipated contest, and those who were able to sacrifice their time to the most fascinating of pas- times had promised themselves a day of the most agreeable recreation. 1t1s fancied that the choice of yesterday, the 20th of June, and the hottest of all the hot days of this particular baking June of 1870, was extremely happy. Certainly those who gave up work on land for pleasure on the water were supported by the rising dignity of the expanding mercury. There was, in fine, nothing but distemper in the landman yesterday, for he had nothing to enjoy, but everything to embitter. If con- trast Was anything to the lucky person who sought the bosom of the Harlem river, the coolness certainly of the sultry element and the fresh breezes must have made up a derisive grin at the berning ether washing metropolitan thoroughfares and acres of brick and mortar. But it requires little to assure us that the day was enjoyed. It was roasting in New York, BRACING ON THE RIVER. Hence, perhaps, many more than had even thought of the two regattas made efforts to secure quarters and standing room on board the Sylvan Grove, which was the excursion steamer of the Harlem Club, and the Fort Lee, provided for the guests of the Manhattan Club. bd By eleven o’clock the steamers began to load down with human freight. Men came, giving up their business, their cares, and with their families, chil- Gren, babies, nurses and all, took up eligibfe positions on board, hopeful and anxious for the sport about to transpire. The Sylvan Grove, which left Harlem Bridge at half-past twelve P. M., was thronged tll her guards nearly vouched water, Musto was on board, and hunéreds of young ladies, with the Inevitable cam- bric, unfurled their emblems of fayor, preparing them for a vigorous use, Of course it woulda be im- possible to omit speaking of THE PRESENCE OF CUPID, £ with those dangerous arrows, said to be twice terri- ble under the stern visage of my Lord Neptune, At any rate, there were some very singular movements on the part of several of both sexes, and one so innocent as @ reporter could scarcely otherwise than conclude that where there were so many chapters of a very interesting drama the sequel also must in time turn out to be somewhat melo- dramatic, Whether tne water is soothing, or whether it awakens that dormant institution called the heart, yesterday could not definitely settle, though many a pair, it is not doubted, will deter- mine the perplexing problem ere long. At the appointed time, twenty minutes past one, the Sylvan Grove was in the stream and the open sloops of the Harlem Club weighed anchor, and, with mainsails at full hotst, the jibs were run up, the bows red off, and the skilful seamen caugat them with the helm, and the sloops stood out on the starboard tack with a good southwest breeze blowing off shore. The fleet now saued for the starting stakeboat otf Randall’s Island, and soom lay hove to, ready for the signal gun. THE REGATTA OF THE HARLEM CLUB was thus auspiciously begun. the entries for the day:— FIRST OLAS. ‘Feet tong: The following were Owned dy. “J. A Clark, +D. Fitzgerald, + J. Armitage. -P. Halloran. Seaman Raynor. W. O'brien, But afew moments passed, and the arrangements were admiratey completed by the committee and judges, the latver consisting of the veteran Steplien Roberts, Charles Tucker, an old seaman, and George H. Stoci The gan was fired, and in an instant the jibs were up, the bows payed om, the aud the fleet livtle sloops were Off for the **5 Stone Buoy,” bearing by compass about north-north- west; whiie the wind was blowing fresh on the port quarters a THE STRUGGLE was a struggle to win. It should be remet that these little centre-board sloops c: Tmainsails and jibs, and even one 5 Hence there are few nautical tricks which avail. A ilat set of canvas, a clear and tall hoist, the sheets twimmed with dciicacy and the tiller handled wiih skill—these were ail the points that could be developed even by the most painiul elaboration. Yet there was fine seamanship displayed; for it requirsas much keen- ness and cooiness to handie @ small sloop as 1t dows a seventy-four gun trigate. On, on the contesting sloops sped for the buoy, some 8iX miles distant, the Willan Knapp leading the van, and showing her black hull and siiowy can- vas to her sternmost competitors, while her speea continued to increase under the spleudid manage- ment of her captain. The victor of six regatt. the young gazelle could not afford to treat the oc- castén with too much frivolity, so by er serious ef- forts she still led, and rounded the buoy from we: ward to eastward, yet triumphant and leading, shown by the following tabie of sioops aad time Me ae | ‘The course now lay south-southeast, and the Was stil brisk and blowing fran the south - sloops, therefore, stood down*on the starboard ¢. lying close to the wind. The ck hull of the William Knapp still leads the van, She is very weatierly and approacties yery close to wind’s eye, With the order tittle changed the cour: tinued to @ buoy to eastward of Rike ‘There the sloops of the squat going oif on the other tack (the port ta was con- ‘8 Island. tor the “can buoy” opposite Fort Schuyler, which they soon rounded. NOW COMES THE HOMESTRETOH on the starboard tac It was terribly exciting. lvery one nervous. The ladies on the Syivan Grove waved Uielr little cambrics and elapped their little hands; the men shoutel—ali rose, As (ne sloops neared the stakeboat off Burdeil’s Island the delirium ran high. It was the final moment and many hopes were staked on To within a few hundred yards oops neared the stakeboat,+and no hitman agency could accelerate their speed and all was with the elements. ‘Phe sight was, indeed, FASCINATING. The rippled bosom of the river was at your lying like @ corrugated sheet of emeraid, and t! green lawns ofthe island, with its di use Loss: ing deep shadows on the water, softened the scene with all the charms of a fresh and luxuriant land- scape. The temperature was very mild, and the sun's rays, not too intense, was only the clear atmosphere of @ finished picture. Amid such a prospect the William By, shot by the stakeboat victor of the day, and the Carrie Por- ter won the trophy for the second class. The following was the time, the distance sailed being twenty miles:— William Knapp. 4 32 Mary Loune 43 Three Sisters 4 39 10 447 20 447 6 me was to minutes to the foot, but the William Knapp led by over four min- utes, thus beating even the allowance. The steamer now sailed for her landing, and the sloops stood in for the club house, where they were greeted by a speech from the mouth of a sinall gun. They all let go their anchors in style, furled sail, coiled down the gear, stowed away the supernumary articleand closed the regatta with the order and neatness with which 1 began. Cheers were given on the wharf. and the members gathered around and congratulated each other on the spirited and successful regatta of1872 ible to leave this model contest w' ont commending the generous and manly spirit which inspired it; the thorough, skilful and rapid seamanship of the diferent captains; the admirable condition of the sloops, and the vigorous, hearty, devoted exertions which made it one of the finest aquatic contests ever sailed in American waters, More of such regattas, it is to be hoped, this season may see. Regatta of the Manhattan Club. If the Harlem Ciub exhibited a prowess before unknown in its eventful history, the Manhattan Club, young, @ new organization and fall of the brightest promise, certainly did more than wonders. Nine gay #loops, auchored og ite ebay house at the foot of Ninety-eighth street, were all out im thelr Mnest toilets, and their gare was the cleamest, whitest and purest duck. Noon saw the sloopa Teady in the little cove facing the southern end of Randall's jaland. It need not be said that the weather was extremely hot—utety egress in the shade. Yet the same southwest breeze that favored the Harlem squadron was also strona id Lrg ta canvass of ine Manhattan Bloor. 'r the discreet management of the es comm ttee, consisting uf C. 8 Quack b. Barrington and J. DoUper, all tne SAILING REGULATIONS as to ballast, cargo, shifts of wind, lee shores, collt- sions and sisabied spars Were accurately defined, aged the conditions of the co there could be no possible mistake 05 Lsauaauabas It was pleasant to observe after tt was over that feeling of satisfaction was universal, Ba. said one of the leading yachtmen, “there pe germiblars to-day Wt « mene es “lay. It was good for high,’ AT 12:20 the sloops were at the zppointed ground of the club house, with nainsails Up wad anchors weighed, At the first gun up Went the Jibs, and at a seound, at half-past twelve, the sloops gaiherea w are to the large schooners of the New York Clu inetd phen little girl is toa full developed and matured woman, They, then, were emoodiments of spark! beauty, grace, mul style, and withal were rakish, with that certain independent and frolicsome air denoting a power abd sveca not at all msignificant, As the sheets were hauled aft and belayed and the squadron caught the breeze it took up the start in fine fashion, the bows parti the waters with Vigor, and all evidently waking for # chosen pout. ‘ue sloops, in Classes, Were a8 [0LL0Wa:— Joseph Jefferson. La Favorita, Minnie. Willian Seaman. ‘THIRD CLAss. ‘ourse of thirty miles; second class, twenty-five miles; third class, fifteen miles, The first class conststed of sloops over thirty feet long On deck: the second class between tweuty and thirty feet on deck, and the third those not Uwenty feet on deck. ‘Time allowances were to be made oa Sail Measurement. The diferent classes, therefore, sein for the following poluts as the rounding uoys:— First class, Sands Point buoy, Second class, Step) Stone buoy. Third class, Throy eck Pulut, The steamer For », With a cargo of laces, silks, Satins aud beauties, steered into the siream, and ab the brazen sound from the yacht Maygie THE SLOOPS WERE OFF. It was a good display, an exciting contest, an ear- nest compediion, The captatus watched every pam and when a foot of distance or a second in time could be made by the caprices of the laud put the sloops sought the advantage. Time was chased to Sands’ Point, and here the boatsrounded, and, losing nothing by the change of tack, made home under breeze that had slackened naught. ‘They arrived at the final stakeboat in this order:— FIRST CLASS. © fue aes &s8 SSE SkEx # understood that the tire! started at 12h. som.; the second at Lz) the third at 12h, sem. THE WINNERS were the Joseph Jefferson, La Pavorita and the Skip ass sloops i. 308, suk Jack. These sloops have an average teugen of thirty-five leet.’ The judges were Messrs, Gage, Redilead Holmes, At the conclusion of this elegant aquatic display the prizes were exhibited by the committee, The first claas prize was a handsome silver soup ladle, finished i gold and embeliished with exquisite workmanship; the second Was 4 case of sait spoons, equally rich, While the tuird consisted of a case of solid silver dessert spoons. Long after the feet had been quietly at anchor the club house was alive with conversiiion as to the day's sport, aud it was the unanimous expression of ali that such entertainments should ve more fre- quent, but not less interesting. and Yachting Notes. . The Jersey City Yacht Club will hold their annual regatta on Thursday next, starting from the Club House, foot of Henderson street, Jersey City. A contest will take place between the yachts Belia, of Brooklyn, and the Tiger, of Bridgeport, Conn., on Wednesday next, at Bridgeport. Owing to the celebrity which both crafis have attained an ex- citing display is looked forward tu. A steamer will accompany the yachts, RAZOR EXERCISE. Cutting a Rowdy’s Throat—Effects of Sunday Rum in Westchester--Unprovoked Assault on a NegromHe Severs the Windpiye of One of His Assailants. Last Sunday evening a disgraceful affray took place near White Plains, Westchester county, be- tween @ party of hilarious white men and a negro, which resulted in one of the former having his throat cut almost from car to@ar. It appears that three somewhat fast young men, living In the vil- lage above designated, an@ only two of whose names were ascertained (namely, Jou Sherer and Frank Schirmer), were driving toward home trom a visit to Rye Lake, wh aevideutiy imbibed free, whea they met a colored man wh» 1s employed in the eity of cow an for a geutleman resid- ing on ntral Park avenue. The negro, wi escorting a female of lis own complexion, Wi costed by Sherer, who asked iMch was “the road to ‘the colored mi Y him with nis Whip by, After proceeding a and his asao- vagon and on overtaking: uited him with the whip. tug aguinst the unpro- turned olf the road — into a narrow where his companion ved, Sherer iten jumped irom his wagon, whip in hand, iin overtaking the colored ian sed the 41 having used insulting language, and at yinmenced to chastise iim. A fight ensued, Sherer’s two companions went to his assist: and curing the straggie whien followed the colored mv, in eudeavoriig to defend himself fa such an unejwil contest, contrived in some manner to inflict a te:rtole ash across the throat of Sherer, which almost completely severed his windpipe. Tae Mjurcd neh Was at once conveyed to his home and a surgeon ¢ who pronounced the wound exceediigiy dangerous, the wonder being that iv haa aot proved Immediately faral. asserted by the colored man that he wound with @ soell which he picked up t but the general the favor 24 circumstance saute he used a razor, In adcivion to the “0 AND SiN NO MB A few days ago & paragraph appeared in the HERALD setting forth t langer of naving young men boarders in the house, as instanced ta tae case of Joseph Picifle, a Teutonic New Yorker, who was sent on the wife, and on 1 nd for six months for t Maing his lber eating his that his mia cara sposa Nad » Jersey, and was living in N in couipany With ler lute bourder, one Peter We ian. At first Joseph waxed exceed- ingly wrat ud forthwith caused the arrest of Peter and Mrs, Pleiiic on the grave charge of having violat one of holy commandments, In the meantine, so f 3 the wife Was concerned, ed, dud she was permitted to go With him on ler own recognizance, while Peter was held The later took yesterday in the 5 sions. Pleife and his wife were ned more anxious to get Peter than Joseph btimseft. For the prosecution here appeared as wil ‘3 NO lesé than seven matrons, each of whom had a baby in arms; some had ge children tugging at tneir skirts, For a tin ourt Was transformed into an tnian- tule concert room. The concert nearly eclipsea the “Anvil Chorus,” @ (a Glimore, a8 regards Vvolumin- ousaess of sound as well as spontatuety of action, it was proven that Peter and Mrs. Pleitle lived to- gether, but whether thelr relations were closer than pure friendsiiip uo one could positively say. Peter got the benefit of the doubt aud was told to “go aud Siu no more."? DON JUAN IN BLACK, A Colored Ciergyman on the Rampage. A fellow calling himself Oscar Ritier, the colored minister of Flushing, is now on trial for a criminal Ossault upon & bloowing darkey named Juita Jack- son. Oscar's bad deeds are now coming to light, gud his intrigues at camp meetings ant elsewhere Yar excel mn rascality anything that has heretofore Deen exposed. ppears to be a Wily customer and gifted with all the artful dodges ef an accom. ned hypocrite, But the case 1o question is sum. According to the evidence taken yesterday erend geuticman Visited the home of the fair about one o'ciock on the morning of the 17a of February jast on (he plea of imparting tous consolation to a sick brother of the maiden, ith upturned eyes Oscar disposed of his rubbers and the brother having reuired the holy man: bounded up stairs like a tiger. Julia was buried in profound slumber, but heedless of her angelic aspect the dark wretch ruthlessly attempted the crime with which he now stands charged. The case will provabiy conclude to-day. Oscar is known as a dangormyg evangelizer and as a bard case generally,