The New York Herald Newspaper, May 20, 1871, Page 4

) wmef on the Alabama claims. \ annum. At eo oe - covered by the Joint Commission. Secretary Fish’s Brief on the Ala- bama Claix Great Britain's Duty as a Nou- tral Power. of the document sent vw the Senate by President e papers connected with the cussed vy the “Commission. We have airearly published the pro- focols of the Commission and the brief of Mr. Fish on the subject of British claims for losses and in- “javies arising out of acis commiited during the Tebellion, and this morning we also publish The remaining papers are of minor importance, familiar ana which have been more or less recently equally well Known to the reading public. Such points as are new We give be.ow in the form of a eumma:y. The Fisher e« Question. Mr. Fish in bis brief on this ect shows that by the treaty of the United States with Great Britatn m 1818, American fishermen were given the | right, in common with British fishermen, to fish within wiree marine miles of the land on certain Specified cousts, The United Siates at the same time renonnced the hverty to take, dry or within tiree marine miles of ibe ts, bay or harbors of the British Vommnions in America not included in the above limits; but tue privilege was. reserved to American fisiiermen to enter such bay: creeks or harbors ior the purpose of shelter and re- pairing damages there, and of obtaining water, and for no otter purpose whatever, wader such restric- tions as may be necessary to prevent them ‘“abasing the privilege. The money value of the Misheres to the British colonists, as given in the latest accessible returns, is estimated at $11,433,087, While the value of the American fisheries in the Guif of St. Lawrence 18 estimated at $7,000,000 per the time the treaty of 1818 Was concluded there were no mackerel fisheries 4n Canadian waters. These did net begin uli several Years afier vhat time, whea the troubles with Ameri- ean fishermen begun. As early as 1824 complaint ‘Was made of the seizure of American vessels for a breach of the British Fisheries act, and in 1836 Nova Scotua enacied a law authorizing cilicers to goon board vessels hovering witli: tree miles of the coasts or harbors and to bring tiem ito port for condemnation uf they did not immediately depart. There were muny extraordinary, onerous and un- Just provisions to this act, numerous seizures fol- lowea, auc a diplomatic correspondence oa The subject between the United States and Great britain arose. One clulm of the co- Joniai =gevernment was especially oncrous, The authorities of Nova olla ~ciaimed the Fignt “to draw a line from headland w_ head- Jana,” and thus exclude American fishermen from all bays. They even went further, and asserted “that the Gut cf Canso is a narrow strip of wal completely within and dividing several counties ‘the Province.” From 18:8 to tie present year there was a con- tinued diplomatic Correspondence on the snbje Brine’ law officers supported th Plant parcic @3 @ Conseguence, the fisher! dead leuer, and. American isherm ‘with a rigor and severity Which mui Zihation to drive them from British wate of a were treated ted a det entirely. —~ Wg Maren, 1865, notice was given by our government ofthe abrogauvntof the Reciprocity ‘Treaty witht -at, “4 during the folicwing year te Cana- a goveinment resorted Lo the system of licensing American fishermen to fish in the in-shore fisheries. At first the iee was fiity cents per ion; the next year 4 Was increased to one dollar per ton, and the year following tie fee was again Coubled, aud American Aishermen required to pay two dollars per ton. | Fi- naily, thc Dormnion Pariiament in 150s passed an act, Which was amended in 1870, which contained, in an exaggerated form, the worst teatures of the Nova Scotia statute of 1830. In view of ail the facts Presenied, Mr ish comes to the conciusions— 1. That the acquisition of the right to American fishermen tofisi: on the in-suore nsferies, from which they are now in eluded, is more important as removing dancer of collision than ee of great iutrmaic vane. Its money vaiue is probably overesiiinaced by the Canadian & ‘hat the British beadand doctrine has no foundation the t bas been decided against reat Britain in a cause where t was the only Isane, and 1s now isisted upoa theo- Feticaily racher than prac.ically, 8. That the right now asserted to exclude American fisner- the Dominion, to prevent them bond, (1 of the Convention of 1818, is an aeeumption Hon of that tustrauucen: wiulet: was uever ac: mostly comes, is & matter that lias come into existence since the nezotiation of the treaty, and it 1s a subject for considera. fon whether the terms of the Convention are fairly applica- ‘to it, Tne remedies suggested by Mr. Fish are that the whole of ihe reserved fishing grounds be thrown open to American fishermen and ali obnoxious | laws be repealed, or by agreeing upon the construction of the disputed — renunciation ; ho the principies upon which a line aid be ran by a joint commission, to exhibit the territory trom which the Amer.can jishermen are to be exciudea; upon ineasures to be taken for entore- ing colonial riguts, the penalties to be mficted for a forleiiure of the same and a mixed tr_bunal to en- force the same. A suggestion is also made for the admission, ‘rec of duty in pot countries, of the fish taken in the wa.ers open to voth uatious. Navigation of the St. Lawrence. On this subject Mr. Fish shows the importance of Me river being open to the navigation of American Vessels. He quotes from the act of the Congress ef- Vienna to prove thatin the jadgment of European Jansts and statesmen the mnabitanta of a country through which a navigable mver passes have a na- tural right to enjoy the navigation of that river to and info ie sea, even though passing through the verritorics of another Power. ‘he population of the States bordering on tne jakes agyregates about 17,600,000 inhabitants, with a tonnage ot 66 tons ‘upon the waters which dischurge into the W- rence, and the right of navigation 1s claimed for them as necessary to their commerce. The Reciprocity Treaty with Caunda. - We find nothing new in the brief devoted to this Subject. It narrates a history of the negotiations Which culminated in the treaty 0! reciprocity In trade, and gives the severa) articies which were ad- mitted free of daiy under its pr together with other matter Which is famillar to the public, and wich was been recently published in the papers. The Eouncary aod San Juan Question. The treaty between the United States and Great Britain of the i of Jane, 1846, stipulates that the boundary between the terntories of the two Countries should stop in the middie of the channel Which separates the continent from Vancouver's Idiand, thence proceeding through Fuca’s Straits to the Pacific Ocean. T the Haro, as the United States coniends, or the Ro- sario channel, as Great Britain contends, In Yielding Vancouver's island to the British, by abandoning a claim to have the of the forth-ninth paraliel extended to the Pacific, the United States expected that ali other isiands south of that parallel and east of the Haro channel would fallto them. That the Haro channel was that contemplated In the treaty is aiso evident, as is urged, from the fact of its being the widest, deepest and shortest between the Straits of Fuca and the mouta of the Fraser river, while the Rosario chan. nei is circunous. Besides, if the Rosario clannel were to be the line of boundary then all the islands below the forty-ninth parailel and east of Vancouver should fail w Great Briain. By the treaty of 20th of October, 181¥, the United States and Great Bri- tain agreed Ww a joint occupation of the territory they mighl respectively claim on the northwest coast of America, west of the Rocky Mountains, end this occupation was indefinitely extended by the of 6th of August, 1827, In 1843, and lor several alter, Mr. Kverett, then United States Minister wo and, had severai interviews with the Eng- T, Lord Aberdeen, on the point of dis- The United States had three times offered the parailel to the ocean as the boundary, bat offer Was always rejected. Then the ques- of giving up Quadra aud Vancouver's Island to (the southern portion of which the forty- Would leave within the United States) consideration and — rath received by England. In 1846 by Great i made Britain a Se a Se pnt sats, Se Sia npr f THIN GREAT TRENT. ‘Additional Facts Bearing on the Questions Dis- Joint High | the | Much of their con- | tents consist of facts with which the public are | publisned im the newspapers, and of official letters | ure fish | creeks | e dispute between the Lwo gov: | eraments aow is whether the channel referred to is | boundary | NEW | Btates the right freely to use and navigate the atratta Piroughout ls extent, In June, 1846, Sir Robert Peet, then resigning his Ministry, explained to the House of Commons the probable conciusion of the diMeulty by the acceptance by the United States or the forty-nimth paraliet ull 16 strikes the Suraits of Fuca, the whole of Vancouver's Island to tal to Great Britain, The Uniied States Senate adopted the British offer by a vote of thirty-eight to twelve, Congress passed an act on 11th of August, 1856, for the demarkation of the boundary on our part. Cap- tain James C, Prevost was the commissioner on the j Part of Great Brian. After several conferences j Caprata vost objected to the ime of the aro el, and asserted that the only navigabie chan- as Rosario Strait, which he said possessed requisites. Since then this point has + of contention, and has given rise to much disputation between the two governments. c nel Ww ' : ! The Alabawn Claims, 1. CLADIS BELONGING TO THE UNITED STATE: ‘The United States should be reimbursed for all the actual Oullay expended tu the pursuit and capture of the revel cruisers, © fairly claim, as representing the | community, to be reimbursed for the outiay caused by the increased premium and enhanced fremghts iting from the special risk growing ont of the ‘ations of the rebel cruisers dtted out 1a English 2. Char OF INDIVIDUALS, ved io be & proximately com- amount of claims thus tar nent of e for imjuries pre-entea to the D 235,193 06 400 00 14,146 Fo 14,5:0 00 I tL » Olusice ¢ Ketrvution ny By the Talialas Total... THE Di AN RAT BRITAIN TO KAMAIN NEUTRAL WHE NEUTRALITY OF BRITISH WHE CONTEST. ot be deuied that whatever obligation there 0 DMIBLR & Henizal postion ta a War be- mEMLZeEU SOVEECY vers CXists cer- (0 au equal extentin civ » In which both recoguized &s beitigerenis, and with still ter Jorce ina CouLest between a’ Iriendly gov- | cromentaud an insurgent portion of its population, j Whose r anc» to its authority has not assumed the proporitoas aud attained the probability of suc: to entitle 1610 be recognized by other nauons belligerent. In 1067 the British government appointed a com- mission to inquire lato and consider the claracier, Working, und eilect of the British taws available for the enforcement of neutrality during the exis | of hostilities between other States with whom Great Britiiu was at peace. In 1868 this commission made a report, containing, among other things tn the ap. } pewux, a memoraudam by Mr. Avboti, (now Lord ‘Tentcruen,) of the various forelgn enlistment acts of Great bri and other countries, inciuding the United States. ‘ihis memorandum ts to be found tn the fourth volame of Claims against Great Britain, | Pare, 95 e¢ sez, It resulted from this report that the comni Enlistment act, which may be found in the Relations for 1870,"" page 158, was passed, j 1a jc } a ence ensive foreign itis not supposed that the lability of Great Britain to ind moily individual losses occasionsa by the ul Cruisers Will be seriously disputed, M it pe slablished Unat the cruisers were constructed, equipped, armed or re-enforced i her poris, un vio- jation of her international obligations to the United j States, But to make that point sure, the lollowing correspoudence (uoi Contained tn Mr. Avbott's mem- orandum) between Mr, Jefferson, then Secretary of | State, and dir, Hammond, British Minister at Wash- ingt is introduced, This correspondence grew out of the tlegal ucts committed by French cruisers, alluded to in Mr. Abvott’s memorandum. It is to be observed that this correspondence took place before any statute or municipal law had been enacted by the United Siates, and the duty of the United States ta that respect 1s placed upon its international obligations to Great Britain; and also that the action of the United States was taken witnout any infor- Mation iurnished by any agent or representative of the British government. Mi. JEFFERSON TO MR. HAMMOND. GELNANTOWN, Nov, 14, 1793. knowledge the receipt of your lettar of the uoject ov the British aiip Rocuampton, timore by the French privatecr th poner of San Domingo, which rested to have augmented capture. On this circumst prize she haa made shall b Before I proceed to the matte take te liberty of calling your ure to covern it, ‘These are :— Sim 7th ins Thave to ac tb fact in this case I will ttention to the rules which er within or without their jurisdiction, by armed tnaliy tituted such within the limits of the United States, which last have been called proscribed vessels. 2. That all Wwihtary equipments within the poris of the United States are forbidden to the vessels of the bel! Powers, even where they have been constituted vess war before thelr arrival {n our ports; and where such equip- ments have been made before detection they are ordered to be suppressed when detected and the vessel reduced to ber origina! cond.tion. But, if they escape detection altogether, depart and make prizes, the Executive has not undertaken to reatore tue prizes. With du> care fi can searcely happen that military equip- mente o/ any magnitude shall escape discovery; those which are small may sometimes, perhi so far aa to lable consequences. And since our interference must be erned by some general rule, and between great and sm: nts DO practicable line of distinction can be draw! # attended with less evilon the whole to rely on t! y of tue means of prevention, that they wiil reach with certainty equipments of any magnitude, and the great mass of those of smaller importance also; and if some shoud, in the event, escape all our vigilance, to consider these as of the number of eases which will at times bafiie the restraints of the wisest and best-cuarded rules which human toresight can ¢ And [ think we may safely rely that nince the reg s which got into a course of execution About the middie of August iaat, it issearcely posavly that equipment of portance should excape discovery. These principles showing that no demand of resiitution lies on the round of a mere military alte: mentation of iorce, | will consider your letter only as. plaint that the orders of the President proitbiting these have not had cheir effect in the case of the Industry, and inquire whether, if this be co, it has happened elther frem neglect or convenivoce in those obarged with the execution of these orders, For this we must resort to facts, which will betaken from the evidence ‘urnished by yourself and the British Vice Conenl at Baltimore, and from that which wili accompany this lever. About the beginning of August the Industry ix arrived at Baitiinove with the Frened fleet from ‘The particular sate of her armament on her arri ‘siioned, but it not questioned that she was an armed of some degree, The Executive having received an intimation that two vessels were eqipoun themeelv Balt more for a crnise, a letter was, on the 6th of August, ad- dressed by the Secretary of War 10 the Governor of Mary land, desiring an ingairy into the tact. In his absence, tie Executive Council of Maryland charged one of their own body, the Hon. Mr. Kilty, with the inguiry. He proceeded to Balti- more, and, after two days’ examination, found no vessel answering the description of those which ware the object of his inquiry. He then engaged the Britiah Vice-Consul in the search, who was not able, any more than himself, to discover any stich vessels. Captain Kilty, however, observing a echooner, which appeared to have Deen making some equip- ments for a cruise, to have added to her guns, and made some is lately Finding utr Fearing the vessel might be withdrawn, he had her seized, an proceeded in the tuvestigntion. He found that she was the schooner Industry, Captain Carvin, from St. Doming’ t she had ven an armed vessel for three years before her com- ing here, and late as April iast had mounted sixteen guns; that she now mounted ouly tweive, and he could not learn | that sue had procured ang of these or done anything else, essential to ber privateer, at Baltimore. He therefore discharged b and on the 23d of August the Executive Council e Ul to the Secretary of War, of which I enclose bt alter this (September 6) er business a short paragraph, saying that you ved information that # vessel named the In- hin the inet five six weeks, been armed, mann 4 equipped in the port of Baltimore. The pro- | evedi: mentioned, having been ia another Depari- | ment, were not then known tone. I therefore could only communicate this paragraph to the proper Department. The separation of the Executive within a week after prevented any explanations 9a ti nd without them {t was not in my power either to * or admit the information you had received. Under these cirenmetances [ think-you must be ‘ siuns trom my silence, that I regarded the fact as proved, was not @ very necessary one. Now inquirios at that time could not hare prevented the de- pariure of the privateer or the capture of the Rochampton, Tor the privateer had then been out for some time, the Koch: umpti en, and was arriving at isaltimore; which aue did abo of the date of your letter, Afier ber arrival, new witnesses have come forward to prove that | the Industry had mate some military equipments at Balu more before her cruise, the affidavits taken py the British Vice Consul are dated about nine or ten days after the date of etter and arrival of the Kochampton; and we have y to lament that those witnesses had not given their infor- pn tothe Viee Consul when Mr. Killy engaged hie aid {n inquiries be wae making, and when ii would have had the of our detaining the privateer till she should ha J herse:t to the condition iu which she was when she arrived in our ports, if then fore’ nt supp che testimony just and full (though taen er pave, and not under the legal sanction of ‘an ontn), yet the Governor's refusal to restore the prize wi perfectly proper, for, as has been before observed, res lion bas never been made by the Executive, nor can be made, | on a mere clandestine alteration or augmentation of military equipment, whieh was ali that the new testimony tended to prove, Pigotwithatanding, however, thet the President thought the information o nained on the former occasion had cleared | tis privateer from any well grounded cause of arrest, yet that which you have now offered opens @ possibility that the losired new in- strate iega'ly authorized to oath und fndiferent to both pa: tbe that the vessel did really maki quipmente tn our ports, instructions will be given to er <0 her original condition whenever she shall again rap 180 Oa the whole, sir, I hope you will perceive that on the first fotimation, through their own chant and without wait- ing for information on your part, t multary equipments at Balumore, oF on added to a | | He i had lately re dustr; the an ny mili vessel was making the Executive took the best inqu into the fact, in order to prevent or suppress equipments; an officer Foapeetabiity was charged — with the inquiry; that ke a with great dill m engaged similar inquiries on the port of «Wout netiber of thedn conta a tof them could find had made such equipments, or, of co re was any ground for reducing or ‘detaining b the date of your letter of September 6 (the first intim: reeeived from you) the privateer was departed, had taki her prize, and that prize was arriving i port; that the new evidence, taken ten days after that arrival, ean produce no other effect than the fnstitution of s new inquiry an reduction of the force of the privateer, should she appear to have mace any military alterations or entation, op her retarn to our ; end that fi iter aman mug ether oops fF ret iat at this te th the Thave the honor 10 be, sir, with much ‘MB, BRIOE TO MR, KNOX, SRORETARY OF W. a ANNAvOLAG Bdby Ta Gonmel ore at | ot Vernon Uarcourt fa one rons dit Sie—Your communi of tee We inst, this procedure is‘ abee nce of Governor who is gone to the Vi Aprings. They wore, of eae into cob By oorys coun- assistanco the coveraor, f ott aces sentation « 1, for reasons stated to you ‘6th June i. constantly required in matiors of this kind, We immediately. adopted tiv exvedi- ent of deputing a member to Baltimore, fur: ed with all ent into eifese ‘Captain Kir: whe aasepeed’ tows usion, in in lk ‘accepted this has returned, and rey ollows:— ‘That on his arrival in Baltimore he began and for two days raed a diligent inguiry respecting the two vessels anid to Ging out as privateers, without ruceiving any satin{actor; Account. That he then determined to interes: the Britis! Vice Conaul (Mr. Edward Thoraton) in the search; accord+ ingly he opened his business to that gentleman, who he be- Neves used every endeavor to discover the privateers in quea- tion, but without effect. ‘That he (Captain Kilty) then took An uctual observation, in the public barge, of ail the vessels in the harbor, and remained at length convinced that either thone described by the Secrotary of War were not there, or t in such # state of preparation for cruising as to jole to discover thetr intention. ‘hat he had, however, observed at a wharl on Feli's Point « schooner mounting twelve guna. Although this vessel, a8 weil from her size as her having come in with the feet from 8’. Domin- g9, Could not be the Virginia pilot boat mentioned in the Secretary of Wat's letter, yet as she seemed to have been making some equipments, and was evidently intended for a cruise, Captain filly thought it proper to. make some in- quiries respecting her, He did #0, as far as was consistent with hia reso.ution uot to alarm those concerned in ber, uatil he should have put himself in a conaition wo seize het If he should find it necessary. The cautious manner in which this consileration obliged him to proceed rendered. his inteili- ce very tacompiete. On the whole, however, it appeared had added to her number of guns and made some stion to her waist eines her arrival with the fleet, but where the ndditional cannon were procured be coud’ not leara, Although the regulations on this aubject had not then appeared, it o equip:nents though partial onea) were not permitted tn our ports, and whiie he was considering whether the circumstances he’ hid red would justify him in detaining the vessol, and had returued to Fel’s Point to make a final observation and maquity, he learned that an intimation of his design was on ts way to her commander. Apprehending, therefore, that she would draw off into the stream and make a visit to her disiioult, if not impracticable, he resolved to get possession ‘was in bis power, and accordingly di Mr. Gray Marshal, to mest him at an appointed hour Jemen who could be contided in. This being done, Captain Kiity went on board and inquired for the cap- | tain dnd other ollicera, but none of them were there. He then gave the vessel in chatge to Mr. Graybtil, desiring him to do whatever was ne-essary to disable her from moving off. Ho then inquired without reserve respecting the equipments ahe had made in Baltimore, but could not leara that she had pro- cured guns or done anything that was essential to her asa privateer; that baving left the vessel, he was about to retura te the town for the purpose of finding the captain, who was said to be there, but was surprised With the appexrance of cousiderab.e boy of Frenchmen, with a leader and a drum at their head, marchihg hastily ‘toward ths schooner; that retake her, he opposed their pro; tumult ensued, which ai length aubsidet by these peopie protestiag their ignorance | of ber having been taken by authority, 5 ‘That the next morning Captatn Kilty recetved a visit from the captain, Jean Baptiste Carvin, wao 1s \kewise owner of the schooner, and wio with great’ temper asked the reasons of his vessel having b ized. That on belng info that the principal ground of the ineasure was his having en- jarged his number of gun, he produced papers signed by the proper oificers at SL Domingo, by which it appeared that his verge: the “indusiry.”” has carried guns these three years past, aud that on @he 11th of April last she mounted six- teen, and dad 2 crew sufficient or privateering. Ho produced likewise a commission or license for cruising, by which, as he explained it, the prizes weut to the government, and the é ' captors recetved a reasonab! ig eg jon, After exhibiting ‘she asserted that he had procured no guas or thing Of & niiiery nature ex ta (ew Spare rammers in Baltimore, but that the guna he appeared to have mourted since his arrival were brougit ta his hoid, He acknowleaged the purclase o/ some cordage and the cleaning the bottom of the vessel, an indifferent nature, and concluded with demanding If the armed vessels in general in the harnor were not equally liable to detention with his, That without thinking himself obliged to give entire credit to all these declarations, Captain Kilty still found tt impos- sible to disprove any of them, and, therefore, being satiated that no representation be shoud be able to make would in- duce or authorize the federal Executive to continue the re- striction he had iaid on the veascl, but that, on the contrary, he damages would be inearred by the public for her de- reviously inquire of the thentichty of the docu, tention, he resolved, after he should Froneh Vice Consul respecting the meuts exhibited by the captain, to rel he walietonthat officer, who, with great readi much more than was required, and, this ceremony being finished, Captain Kilty direcied Mr. Graybull to release the vessel. We have the honor to be, sir, 4c. JAMES BRIGE, President. MS. HAMMOND TO MB. JEFT RESON, Lanspown, Nov. 22, 1793. Sim—I have had the honor of receiving your letier 0: the 14th inst., apon which, as it announces the fixed determination of this government not to restore the British ship Kochamp- ton, it ia unnecessary for me to offer many observations, or to enter into a minute examiuntion of the reasoning or the facts by which that determination is justified. Tcannot, however, avoid remarking that although your position may be well Younded, “that it would be ® measure Of incalculable consequences to decide that the amallest circumstances of military equipment to vessel in your ports should 1ivalidate her prizes | through ail time,” it may also be a measure of incaleu! ble mischief to the general commerce of friendly Powe (excepting that of France), trading with the United states, if the largest circumstances of miltury equipment, super- added to Frenea privateers, in your ports, provided they elude the vigilance of the officers appointed to watch over proceedings o/ this nature, shail not be considered by this government as sulficient to invalidate prizes brought into its ports by vessels under this predicament, In the present cane the facts are that the schooner Lndusiry, accordiag to tne deposnion of Benjamin Buker, of Baltimore (at whose wharf and shipyard she lay duriag ber additional equip- ment), had no more than four or six cannon mounted when she wi: to this wharf; that when she left it, had four al: pounders, eight four: nd two howitzers com. pletely mounted; and that from Mr, Kitty's report it w pears that he himself was convinced that she lad added the number of her guns, and had made alterations of a war- like nature; but ag he could not learn whence these addi- tional cannon bad been procurea, he did not deem bimselt justifiable in rofusing bis assent to the authenticity of tue “document produced by the captain of the vessel, or iu detaiu- fag her any longer. z Hie privateer Industry was therefore allowed to Aepart from Baitimore under jon of toree more than double to that of her o ¥ h quent capture of the a) ure. if not entirely, to be imputed. Thave the honor to be, with sentiments of greatest respect, &o. ‘Tae seventh article of the treaty of November 19, 1794, after reciting that certain merchants ana others of His Britannic Majesty’s subjects iad sus- tained Joss and damage by the capture of their ves- sels and merchandise, taken by seis originally armed in ports of the United States, agreed that in ail such cases where resiitution ahould not have been made, the complaints of parties should be re- jJerred to commissioners, and the United States should undertake to pay to the claimants, in specie, without deduction, the amount of such sums as should be awarded to them respectively by the com- missioners. (8 Stat. at Large, p. 121.) ‘The nistory of the Various steps subsequently taken by the government of the United States, in its dil- ferent branches, to maintain its sovereignty ana to prevent violations Of that sovereignty by agents or representatives of other powers at War with cach other, are detailed at length and with fairnesa by Mr, Abbott, in the memorandum already reterred to. it 1s claimed as a fair result of a review or that history:—First. That Great Britain, which is a great naval power, with a strong government, possessed of all the machinery requisite to enabie tt to per- form its duties, was bound to prevent, at its own risk, the arming, equipping or construction of any vessels whereby war could be carried on aguinst the Onited States, upon the ocean, during the hostilities between the United States and the insurgents. Sec- ond, That in any particular case, failing of 11s duues in that respect, Great Britam was bound to arrest and detain any vessel escaping from its ports, when- ever it should appear within its jurisdiction. Third, That Great Britain was farther bound .to instruct 1ts naval forces in ali parts of the globe to arrest and detain vesseis su escaping, wheuever they should ve met. In sapport of this proposition the following cases and authorities are cited:— 1. Reference is made to the correspondence during Geueral Washington's administration, above quoted, and to the treaty of 1794, already cited. 2. Yo the speech of Mr. Canning, in 1823, in Par- iainent, quoted tn Phillumore’s luternational Law, Vol. 8, p. 217, a8 lollows: If 1 wisbed (Mr. Canning neutrality, I should taxe th aid), for a guide in @ system of laid down by America in the days of the Presidency of Washington and the secretaryabip of Jefferson. In 1793 complaints were made to the American government that Freach ships were allowed to fit out and arm jn American ports, for the purpose of attacking British veasels, in direct opposition to the iaws of neutrality. Im- inediately upon this representation the American goverament held t] Such a fitting out Was contrary to the laws of neu- trality, and orders were issued prohibistug the arming of any French veaseisjn American ports, At New York, a French vessel fitting out was seized, deivered over to the tribunals, and conderned. Upon that occasion the American govern: ment held that such fitting out of Frencc ships iu American ports, for the purpose of cruising against Eng!ish vesne incompatible wita ihe sovereignty of the Unit ended to interrupt the peace and good undera 1 between that country ana Great tsritaia, sir (he added), | contend, 1s the principie upon which we ought to act. 8. During the civil war raging in Portugal, in 1827, 1823, 1529, Lour vesseis lefi Plymonth ostensibly for Brazil, with six hundrea and fifty-two ofticers and menu. The British government of that day, be- lieving Unat 1t Was destined for Portugal, despaccied a feet to Terceira (which, It May be observed, was the piace to which the Alabania first wené after her departure from England), with orders, if the expe- dition appeared, to give them Warning against hov- ering about or making any effort to effect a landin; and, in case of thelr persistence against the wari ing, to drive them away from that neighborhood, and to keep sight of them until convinced that they had no intention of returning to the Western Jsiands or proceeding to Madeira. Jt became neces- sary in carrying ouc these orders to fire upon the expediuon. One man was killed, some were wound- ed, and the expedition was broken up. This act gave rise to an extended debate in Parliament, and the conduct Of the government was approved, (Han- sard, Vols. 23 and 24 N. 5. Annual Register Hissory, &C., A. D, 1829, vol, 72, p. 187, et seq.) 4. Mr. Phillimore says he courts of the North American United States have decided that foreign ships which have offended against the laws of the United States, within their jurisdiction, may be pursued and seized upon the ocean, and rightfully brought into the ports of the United States for ad- Judication.”” (Vol. Il D. 228, Rose vs, Hinsiey, 4 Cranch, 287 judson vs, Guestier, Or. 6, 284.) Mauch more evident is this right of capiure at sea, When the offence 1s one against not merely munici- pal but toternattonal law. 6. Sir Rovert Collier, on the 234-of July, 1862, on Certain aitidavits submitted to him, gave his opinion in regard to the Alabama, that it was diMmcult to make out a stronger Case of infringement ot the foreign eniistment act, which, if not enforced on that occasion, was little better than a dead jeter; and that tt well deserved consideration whether, 1 the veasel were allowed to escape, the federal gov- ernment would not have serious ground of remon- strance, (3 Claims, p. 29.) Mi ty be = le ae rap gerd to — ussel ir. Adams, July 2, i 10S, P. 26,9 and Sir Robert Collter was, on’ the day of Moats. Weuleetoe iether rose re uA Ly Be iy on, jace of Sir Roundel Palmer, a mw mt of agus 70, the new for- eign enlistment bill was discussed in the House of In the course of debate, the Attorney General sald that ‘te honor and dignity of Crown are comptemiaes. when the subjects of the Queen take part hostilities againet YOKK HEKALD, SATURDAY, MAY 20, 1871.—TRIPLE SHEET AMONG THE KU KLUX =a Alabama was a scandal! to the laws of that country, and that those concerned in that disastrous fraud committed one of the most unpatriotic acts of which an Ei jhman had ever been: guilty.” And Sir Roundel Palmer said that “it was the duty of the ‘State to repress any vate citizen to oppose the punk (See Foreign Relations 1870, p. ’ On the 3d of August Mr, Vernon Harcourt said, in @subsequeat debate on the same bill, that ‘the policy of Washington tn 1793 was the foundation of the whole of the modern practice on the subject of neutrality.” (Hansard, third series, vol, 208, p. 7. The case of the International and her cargo, ad- judicated in the Court of Admiralty January 1i, 1871, before Sir Rovers Phulimore, arose under the new Foreign Enlistment act. In rendering the decision the distinguished jurist said:— ‘This statute, passed during the tast session, under which the authority o/ this Court 1s now for the first’ time evoked, is, in ty judgmeat, very important and very vatuabl strensthoning the hands of her Majesty's government, a enabling them to fullil more easily than heretofore that par- ticular ¢ixse of international obligations which may arise out Of tie conduct of her Majesty's. sibjects toward belligerent forcign States with whom her Majesty ia at peace. ‘The London Times of January 18, 1871, comment- Ing upon the decision, says:— * * * ‘The war between France and Germany broke out toward the cad of the last session, aud {twas then remembered at the Foreign Oitico that our Foreign Enlistment act was very haperiect, aud that a royal commission had recommended ite amendmen: in several particulars. A bill was accord- ingly introduced ia hot baste and hurried through Parla- ment, ‘. . . . . . . . Saturday Review of the 2ist of January, And the 1871, say: ‘The Americans have been, through the whole course of th Alabama controversy, fuly justified m malntaining that de- feciive legisiation would in no case exempt a neutral State from the obii ons iinposed by international law. They Were mistaken in supposing that the English government re- lied onthe unsound argument of inability to discharge its duvies, although Lord Russell on several occasions showed that the English Iw was more stringent than that of the United States, If he had contended that Parliament had not armed the crown with sutlicient powers, Mr. Adams or bis successors might have conclusively shown that foreign States had nothing todo with the tnternational legisiation of Kng- land. 8. Even Lord Russeil is disposed to admit that there was a negligence in the Case of the Alabama thas entailes a iability for her act, What I should esteem a reasonable answer is one suggested by Mr, Forsuer, the Vice President of tho Commiites of Coun: ton Education. Iunderstand iim to say that neither the Secretary of state for Foreign Affuira nor the law oflicers were in fault, but the official persons employed at Liverpool were wanting in due diligence, and tuat this country might, in reparation of that neglect, grant compensation’ for the losses incurred by merchants in consequence of captures made by the Alabama, It appeared to me that, if the officers of the customs were misied or blinded by. the general pi tiality to the cause of the South known to prevail at Liver- pool, and that a prima fuel case of negligence could be made ‘out, Great Britain might fairly grant a sum equivatent to the amount of lores sustained by the captures of the Alabama. rey ag and Despatches of Karl Russel, vol. 2, pages 29 ‘and 260.) FLEETWOOD PARK Last Day of tho “priog’ Meoting—Pool Selling on the $4,009 aud $1,500 Trots. To-day is the last of the spring trotting meeting at Fieetwood Park, and should the weather remain pleasant the occasion will undoubtedly be a fitting culmination, botn in the matter of the assemblage present and the character of the sport, toa most Successful turf reunion. With the trotung of to- day there will have been decided nine races and premiuins, amounting to $13,900, awarded to winning horses, The attendance has been ex- ceedingly gratifying, and in this particular the management of Fiectwood should feel proud of their endeavors. First on the programme to-day is the purse of $4,000, free tor all horses—$2,000 to first, $900 to sec- ond, 700 to turd aud $400 to the fourth. Hntered for this arc Benjamin Daniel's bay mare American Girl, Charies Champlin’s brown gelding George Palmer, W. H. Dobie’s bay | mare Lucy and Budd Doble's bay mare Goldsmith Maid. ‘This field isof the most attractive nature, not only to all lovers of the turf, but to those who ad- mire speed in horsefesh, and as each of these clip- pers is represented to bein excellent condition the lime scored may be way down in the twentics, ‘Lhe s¢ 590, for horses that 331—$1,000 to Or: 00 to second and $200 to third, ‘Thirteen en- re made for tiis—these being M. Roden’s brown getding Jan H. Coleman, J. N. Ferguson's: bay geluimg Kansas icf, John — Loveti’s brown gelding Young Eruno, Benjamin Mace’s bay mare Lydia Thompson, Jon Murphy's brown mare Lady Sayres, J. J. Bowen's gray geld- ing Royal Joha, W. A. Woodrutt’s bay horse Dew Drop, Hiam Howe's brown mare Lady Wells, R. Loomis’ chestnut gelding Climax, M. Goodwin's chestnut geidmz Harry D., Charles G. Green's chestuat mare Rosa Golddust, J. Freeman’s black mare Lady Weiler (formcrly Lady Wheeler), and George H. Carpenter's gray mare Kelle of Toronto. Last night the gathering at the pool rooms of Messrs. Marshall & Johnson, Broadway and ‘fwen- ty-eighth street, embraced many of the leading members of the fraternity, who wagered their money very spiritedly on several favorites, The subjoined list’ ts a falc synopsis ot the business done:— FRE Goldsmith Maid 170 George Palmer. 56 America 61 Lucy. 1 Lydia Thompson. 60 Belie of Toronto. 30 Royal John 24 Lady Weils.. 24 The Fieta . 61 WOMAN'S SUFFRAGE. the County Conventiors—Ways and Means. The New York Woman’s Suffrage Society held their usual meeting yesterday afternoon. Mrs. HALL.OCK was the first speaker, and took oc- casion to congratulate the society upon the success of the late conventions, and upon the fact that women still exist, notwithstanding the war made upon them by the newspapers, She thought there was no use im depending on any newspaper, but that the women must have a paper of their own. Women are always called angels ata certain age. If they are really angelic, it is not likely that the act of VOTING WILL MAKE THEM DEMOS She intends to form a society in the fallin which no man will be admitted, to be devoted to questions that women Can best discuss alone. Mrs, SOMERBY Was sorcy that women must COME OUT FROM THE MEN, bat it 1s clearly shown that they must. We have not only to defend ourselves from men, but from women Who fiave not yet grown to our standpoint. We must leave personalities aud confine ourscives to principles, Dr. HO#BER said that there are women who have the charge of parers and there are papers m favor of women’s Tights. He didn’t believe in making war against men, but thought that chere should be unity, He thought that the ineetings of the society should ve advertised and that the opposers of woman suffrage should be invited to attend, Mrs. BLAKE thought it @ good plan to secure some hall for @ public iaonthly meeting where a good Jecture might be delivered and discussions elicited, Mr. MCMULLAN offered to the society tie use of a schoolroom, 1,23) Broadway, for the summer, which offer Was accepted. and it was decided to meet every Friday at this place during the month of June. Afier some routine business the meeting ad- Journea. Meeting of MILITARY MOVEMENTS. Company C, Twenty-second Regiment, Do Ii Again tor the Tenth Time. Last evening, at the Gienham House, on Fifth avenue, Company C, Twenty-second regiment, did its level best to celebrate its tenth anniversary after @ fashion that epicures always follow and hangry men without money never have a chance to. Every- thing that could possibly make the affair one of un- alloyed enjoyment was done, and although orders were given, a good many persons did not see fit to obey them, because everybody was just as good uw man as everybody else. There was not even small talk about courts martial; nor did even the Colonel, who swore that he was too full for utterance, get so military as to con- Sider an arrest a part of tne bill of fare. The room in which the banquet was held was tastefully deco- rated, and the table, which extended from one end of the room tothe other, was loaded down with every kind of luxury of the season. Among those resent were Colonel Porter, Lieutenant Volonel rown, ex-Colonel Post, Captain Tate, Jr.; Lieu- tenant Topping, Lieutenant Taylor, Lieutenant Briggs (Company A), ex-Captain Palmer and cx- Sergeant Pierce. Captain Tate presided and did the honors with ® beaming graciousness that would have made a raw recruit swallow his eat with joy. In fact, Tate made a magnificent head to his end of the table, and got the geod things so concentrated his corner, ‘where the guests of the company were clustered like a bunch of newly-made dress coats well stuffed, folks had hard work to make jtead! it once they had got near the charmed are. The festivities of the evening Jasted until and off Masons Say Preliminary Examination of the Ar- rested Night Prowlers. A Break Down in the Pro- secution. “BRING FORTH YOUR WITNESSES!” A North Corolina Court—The Bench, the Bar, the Prisopers and the Public—The Sheriffs of Rutherford and Cleveland Swear that Order Reigns in Their Districts—Al- loged Second Gutrage on Biggor- ataff—[3 [t a Radical Trick *— The Whole Affair a “Family Difficnity.” Sumcy, Cleveland County, N. C., May 15, ‘1871. } Ihave at ‘ast reached the land of the Ku Klux, and am peaceably sojourning in what, according to certain authorities, is the very hotbed of ‘treason arid crime” in North Garolina; exactly that partiou- lar district where “bauds of lawless night prowlers” have established a “retgn of terror." Worse than that, no less than twenty or twenty-five repated Ku Klux have camped in the adjoming room of the hotel; and the party-wall that separates me from these terrible agents of disorder 1s not thick enough to prevent the buzz of Ku Klux voices and now and then a yell of Ku Klux laughter from disturbing my literary labors. I am in Shelbyville, Cieveland county, Way out in the western part of the State, and just about fur enough from ctvihzation to enable me to publisi any quantity of lies 1 might choose, with the very faintest possible risk of ever being “bowled out.’’ That ts pretty much what certain local ofiiciais nere have been doing for a Month past, and no one tu the entire State or out- side of it, so far as I have scen, has yet fully UNVEILED THBIR KNAVERY. Perhaps I ought to feel very frightened at my pre- sent perilous condition, but [ don’t. Indeed, I never felt safer in my life. The Ku Klux are going to make the most of their enforced stay in town by giving to-night a sort of country party—break- downs, singing, jigs and apple brandy. The fidales are even now beginning to tune up, and if I can only finish this letter in time [ shall aval! myself of an taformal invitation to join in their revels. These merry making Ku Klux are of course the identical crowd whom I telegraphed you from Raleigh nad been arrested by Marsiial Hester, aidea by a squad of United States troops brought up for that special purpose from Camp Pettigrew, a dis- tance of about a couple of hundred miles in length and twenty-four hours in time. A warrant had pre- viousiy been issued by Judge Logan for the arrest of thirty-one persons, and Marshal Hester, pretend- ing to be scared at the prospect of executing it, ap- piled to the United States authorities for assistance. The soldiers who came up found that they were supremely unnecessary and returned to their camp, BRIMMING OVER WITH DISGUST at the fool’s errand upon which they had been catled out. Not only was no show of resistance made by the accused parties, but a simple notice to appear to-day in court served upon the eighteen persons whom the posse were unable to flud at home was observed by all except one, who sent in an excuse on the gronnd of serious illmess. These men are the dread-inspiring outlaws, who, it was seriously charged by certain fanatical newspapers, were about to revive the slavery revellion against the United States government | 1 had better now state that this letter will be con- fined to the one case of the outrages oa Aaron Big- gerstaff, and to the proceedings this day in court in relation to it. ‘nis has been spread over the entire country as an indisputable in- stance of lawlessness inspired by _politi- cal animosity, and the radical papers of the State have professed to hope that @ tull investiga- tion of it would demonstrate the terrible reality of a secret treasonabie organization. li 18 also the only case I have as yet been able to huat down, and tne only one thereiore about which [I can speak with any degree of kKuowledge. It would be absurd for me as yet to say that there is no such thing as a po- litical Ku Klux Klan, but it 1s fair to all siues to say that this particular case hinges in ue perceptivie manner whatever upon political malice, ‘Ynis Aaron Biggerstat, it must be stared at the outset, has got a well established reputation ia the neigivoring counties as the “most quarreisome crit- ter” and “THR UGLIEST CAHOOT” in the State, He ts on bad terms with four-fifths of all the peru. who have ever known him. Long before the war, fiiteen years ago, he was driven out of the Whiteside district by his neighbors, simply on the ground of his disagreeable character, Then ne came to Lis present home, which ts within a mile or so of where he was born. When the war broke out ne Was the most violent rebel 1a this part of the State, and proiessed himself ready to hang every Yauk ee that could be procured for useful aud ornamental purposes. He did not goto the war, however, and when the end came he turned right round and said he had been forced to succumb to the political pre- judices of the people round about bim, &c. Some ume ay how jong nobody knows—he had a quarrel with most of his relatives, not about poli- tics, but about persoual matters, This feud was vigorously Carried on, and at last culminated in a hight visit of @ numerous party to Aaron’s house, AARON WAS WHIPPED, and so was his daughter. The affair was at once seized upon as splendid political capttal, and Aaron and Mrs. Norville, his daughter, made tue neces- sary afidavits upon which to base the arrest of the present batch of so-called Ka Klux. Eight of the accused are plood kindre: of Biggerstaff; one of them is his brother, six of them are his nephews and one is the son of his first consin. Pretty much of a family diticulty, on the face of it, isn’t 16. The men who were arrested were ‘handed over to the Sheriff, and were at once released upon their personal recognizance to appear to-day at four o'clock before Commissioenr Moore for their preluni- nary exanunation. They all cameup to ume in dae and proper course. The excitement over the case in town may be guessed. ‘This is a litle place, of three or four aun: dred people, and bases its only clalm to importance upon the possession of a raiher well-built court house. As the Ku Klux rode in they were hatlea with every form of sympathetic expresslon—more espectaily the bibuious form—and wiih there friends and Witnesses they made quite a respectable show as they lotiered and loafed around tae hotel. About & quarter alter four Cominissioner Moore declared THE COURT sitting. But scch a court as it was! I have said that the court house i well built, but its interior was in @ sorry plight, inieed, The floor seemed dirty with the accumulated dust and quids and heterogeneous litter of the entire last term; the had in one or two places falien away from viling, and tne discolored walls were rendered more unsightly still by some bunches and garlands of withered grass, suspended in honor of Heaven alone knows who. There was no dais for @ bench. ‘The Judge sat benind a plain wooden desk. There Was a place railed off tor the bar and the press, and there were a few rough benches for the general pub- ic. The general public, iowever, did not avail itself of its privileges—it just crowded round the ralis and leaned on them and watched the proceed- ings with a curiously eager interest and thought- fully chewed tobacco, The Judge, the bar, the prisoners and the public ali had a delicious FLAVOR OF THE BACKWOODS. The four lawyers, who conducted the defence, and Who argued with w clearness and coniidence and Verbal vigor that would have done credit to any class of their profession, exhibited a freedom from restraint that spoke far more of the rustic grove than the arena of forensic debate, One of them wore no shirt coltar, another sat with his legs pleasantly ele- vated on a table, and the yermaining 10 rey ope whittled a stick and the other was in @ general but palpable way picturesque and striking. ‘These are but petty details, perhaps, but to the eye of a New Yorker they added much vo the eflect the scene. One could fondly indulge the fantasy that in just such @ good-natured, free and easy company as that before him the ghosts of Crockett, Tom Corwin and even Stephen A, Douglas must now and then linger with a thrill of spiritual delight. So far as personal appearance went, there was no visible difference whatever between the judge, the public and the prisoners. They were all plain, simple, healthy, honest, GAY-HRARTED COUNTRY FOLK. The prisoners, with one exception, were ail far. mers, and instead of being dressed in home-spun and wearing long hair as I nad been led to expect in Raleigh, they were exact countel of what the same Kind of people in New York or New Eng- land would be. ‘are said to be Ku Kiux, and coat fore, no doubt, wo have very dreadful to a loyal eye; but so far as external ap- peaceable, indus- aw went, they seemed to me = intelligent: can cttizens—every one of A HITOH AMONG THE a when Captain hi Scarcely had the court 0; . bg fe came 4 | Bofors this court 0a this joner toda tr snelby wont re eviak : sioner to-day | ve evidence in behalf of the United states, on account of injuries re- ceived while on his way to appear before the Commissioner last Friday night; and from threats received he further swears that he does not believe his Iiie wouid be county, The third paper Carpenter, another impor ne most respectfully declined to appear as a wit- ness, as from threats made against him he velteved his life would be unsafe im the county of Cleveland and that he should not attend without protection, ‘The amidavit trom Biggerstatt developed the face that a SECOND ALLEGED OUTRAGE had been committed upon kim only three days age. tle was coming from his home on his way to Shelby and Camped in ins wagon a litte way from Shanks, About one or two o'clock in the morning a party of eight mien attacked fim, beat him, broke his arus and maitreaced his daughter. ‘The accused Ku Klux denounce wis story as a trick to make their convicuon more certain and to produce political effect throughout the country, ‘They say that this last outrage was committed by Biggersta’s own political friends, who, for the nonce, assumed the disguise of the Ku Kiux, and that when Siggerstaif appears in court it Will be found that bis arm is not broken and that Nis other ujuvies are very slight. Ceriainly it seems rather improbable that on tho eve of a trial the Ku Klux should take tuts singular mode of aggravating general public opinion agulnst them, If they bad done anything at alin the case they would have killed Biggerstaiy and his daughter outright, and thus have silenced them forever. The counsel for the deience, Captain Durem, colanes Mackerlee, Mr, Cavendish and Major Lee, aske to do. ‘The Commissioner, with evident nervousness, sala he supposed the case would huve to stand over until the June term, and that the preliminary exam- inition had bewter be dispensed with. ‘the accused would have to go to trial in any case. The uefendaits’ counsel replied that surely the Court could not be serious in cis proposal to hotd thirty mea in the absence of any testimony agaimet them. ‘The Court could scarcely have sustained @ benef insnit than thus to have its subpeomas impu- ently disregarded. Never was there @ more tnia- mous falsenood than that these witnesses were afraid lo come to Shelby, because to do so would put their lives in peril. ‘Tne peopie of Cleveland were as peaceable aud laty-abiding as could be found in the United States, aud this was a wicked attempt te make political capital, and thus give an excuse for again placing the State under military government. ‘That was an explicit charge, and it was made honestly and boidly. ‘The witnesses knew that these statements were fulse and that nota hair of thor WHAT THE COURT INTENDED neads would bes harmed, whatever oyvi- dence they might give, The defendante— thirty iu number—were all in town es their OwO personal expense, aad they demanded an examination of the most mgid und stiingont characier, ‘Lhe motion was therefore now made that the Court appoint a couple of marshals te arrest the Witnesses and pring them to cours on the jollowing day. Speaking in the name of the people of the county, the asstirance was given that oe harm would be done them. If necessary, A GUARD OF FOUR OR FIVE HUNDRED men shouid be voluntarily raised to serve as protee- uon to the witnesses. ‘The following unportant evidence was then given by ine sheriffs iu regard to the conduct, &c., of the witnesse: Maruo Waiker, Sherif of Rutnerford county, sworn—Knew that the parties now arrested boeu arrested before on the same charge by Judge Logan, and had been kept two days in jail in conse- quence, and had only veen released upon giv heavy vonds to appear on the 8th of May; on tho May they apyeared, bui Judge Logan did not hold a conrt, us he professed to be afraid to do 80. Sherif A. B, Long, of Cleveland, sworn—[ saw Aaron Burgersiaf, the complainant, yesterday mera- ing and served a subpcena upon him vw appear here to-day; Mra, Norvilie was also sent for and came down stairs; I subpoenaed them both; Biggerstad complained of his arm, and said it was broken tn one and perhaps ia two places; Idid not see any- thing the matter, except that his arm was in a sling; he complained of being very feeble; he said he cou! not aad would not come to-day, and Mrs. Norval then said, “I shall noc come;" 1 should tuink Bigger- staif would ave been able to travel. Cross-examined—Did you hear any one advise him not to cowe here? A. [ heard Mr. Justice say te him that he did not think it would be safe for him to come here, Q. Siate exactly what he said? A. He satd he did not think it would be sate for him to come among such a murderous set; 1 then offered to take him down myseli, and toid Lim that not hair of hus head should be harmed. Q. Did you ever have any difficulty in making ar- rests in this couuty ® A. I ain’t never failed In mak- ing one yet. Alter the foregoing evidence had been taken the Commissioner granted the motion, and the marshata Appointed will bring all the witnesses m to-morrow, except in such cases where satusi2ctory medical cer- llicates of inability to attend are oifered. It would, of course, be unfair to state any general conclusions before the examination 18 made, but the reiuctance of the witnesses to attend certatnly looks very bad. The pretence taat their lives would be endangered by attendance ts too flimsy to be ae- suMlicient for oue moment. There ta no ya the ground who can doubt that they wonld be as safe 1a coming here as in ther owa homes. NEGRO KU KLUX IN TENNESSEE, (From the Memphis Appeal, May 15.4 Saturday night, at twelve o'clock, a8 the last ot the picnickers were coming into town on the cars from James’ park, fullof merriment and laughter that woke the echoes of the silent streets, at thas bour an act of diabolism was perpetrated down in the southern part of the city; while along the line ef Beale street the merry Jaugh of unwearied jollity Tang out on the listening air, down on Seventa street, in Fort Pickering, the sharp bang cf deadly pistols was heard, and a human life went suddenly out in the darkness, into evernity. The manner of it was in this wise:—The church of afri- can Batley, 4 dilapidated structure that had been formerly used for a government stable, was used as 4 festival hall for the pu of raising some money, either for the benefit of the church or for the benefit of private speculation. Towards twelve o'clock Saturday night the festival was in full blast. The oiticers of the institution stood around the entrance, done up in faded odds and ends of military apparel. Some had scarf, others sashes, many swords and all had pistola. They thought themselves to be the gentle shepherds of the fold, A person of solemn aspect and reliable habi; sat inside a hole in the side of the oullding, witn a cigar box in front of him, into which he dropped the dimes and quarters which he received in exchange for tickets of admission. The gang of belted oficiais at the front entrance looked after the loafers that prowled around watching their chance to beat the African Baliey religious concern out of an admission fee. About the hour in question 2 muscular, greasy, yel- low-colorea cook, who man ruvres the cuisine at the Magnolia Gardens, presented himself on the premises, and “sort 0’ sneaked around there @ while.” In @ short time a squad of colored ind: viduals rushed up to the door of the building an attempted to get in without paying. This at once create: a row. The gentle shep- herds of the fold drew their swords, talk waxed loud and furious; contusion sei in. Now was the greasy cook's opportunity. He stretched his brawny agn through tue hole behind which tne faithful treasurer sat, and snatched the above-mentioned cigar box, the accumulated contents of the evening’s receipts, He had a seuffie around tne door, but Cookey managed to get away after receiving sundry whacks from rusty swords, He ran cliywards. In his way there was a culvert about one hundred yards from be | starting point, and not far irom it waa a section of steamboat fun- nel that served as a sewer to a cross street. Cook nade an attempt to crawl into the pipe; but, find! he had not time, he threw pimseif under the vert, whither he was pursued by ten or twelve of the gentle shepherds, with drawn swords and pistols, There was another scuitie under the cul- vert, The shepherds secured the wolf there, dragged him out and peat him with their sworas and then shot him through the head, killing him dead as @ door-nail at once. His brains were scat- tered about the inside of his hat, some of them be- ing spilled upon the ground. They then 4dr him # few feet back toward the under part culvert and leit him. “BROOKLYN BURGLARIES. A party of burglars made a raid Wednesday night upon the stationery store of Porter & Pettit, No. 60 Fulton street, Brooklyn, and laid violent hands upem gold pens to the vaiue of $250. Frederick Bolls, a youth, who was recently dismissed from the employ of this firm, has been arreated on suspicion of com- plicity in the affair. The clothing store No. 1% Gold street, owned by W. P. Johnson, was reltevetl of $100 worth of oluth- ing Thursday night. A portion of the plunder was a0 eoquentiy, found in '@ gtocery wagon on Gold street, A gola watch, valaed at $100, was taken from the residence of Ws He Pi No. 165 Madison street, has been musing from ihe d welling Nstnee; and tae tas been mi and the robbery 18 some way connected with her sudden de- parture, BUFFUM, THE MUADERER. PouguKExrsiE, N. Y., May 19, 1871. ‘The trial of Buifum, the murderer of John % Seaverns, of Newburg, is put) down for Tuesday of next week, before Judge Barnard. There is & pos aibility that his counsel will withdraw his plea of