The New York Herald Newspaper, May 23, 1871, Page 4

’ ; : 4 PIN BUPLER'S OPINION. KE OPPOSES THE NEW TREATY. A Letler to His Son-in-Law, Senator ~ Ames, of Mississippi. Our Tishing Interests Declared to be Ruined. John Bull Has the the Bargain. Best ef Opposition on Other Grounts—Too Much Has Been Coneeded, Gonatal Benjamiu F, Butler is out ina letter to his | son-in-law, Senator Ames, of Mississippi, which he read before a committee of the Massachusetts Legis- latnre yesierday, Wherein he opposes a ratification ty upon the grounds fully set of the Washington forth oe Geveral Butler’s Letter, LOWELL, Mass., May 17, 1871, ral A, Ars, Upited States Senate:— My Drar Sm—I have examined with some dill- gence, and with an earnest desire to find reasons for assent to its several provisions, the treaty be- tween Great Britain and the United States pending for ratufcation by the Senate, and will, with your eave, give such suggestions as have occurred tome as to lis operation and the equities of the conces- lreparations therein each to the other of ule two governments, ‘ou wil! pardon mo for considering first that whic 1s of local and spectal mterest to my State tituents, as itappears by the protocol to have been considered as a wholly distinct and tn- sependent subject of negotiation: — THE FISHERL The shores and bays now claimed by Great Britam nan w France by the capture of Louisburg, a fortress raised at very great cost by the French King to protect What Was deemed by Bim most valuable posses- acduired by conquest, uaive property of the the only purely Eng- ain now claiming on We rhat were then French-colgnies, n the formation of the treaty Of peaee in 1783 these fisheries were the subject of spirited and protracted hegotiatton, and the elder Acams heid tae colouint rights in them of such momenc that he do- cluved that he woula ¢ r continue the war of the Revoluvon than yield of them | oue These rights were held not to be i by the of Isty, as they were not imentioned in ine treaty, but mute belt, and Were © yy us nati 1818, when by the treaty of the 20t stober, It was ecd that the Americans should relinquish their wi i mile line or the ue Of International law en the shores of deration of the right to fish on. shores of Newfoundtuad, the Magdaicn Islands: dor, aud to land thereon to cure fsb. To the United St time the only fishenes whieh fy were snbsianilally ine 3s lad ia mind” and The codfish were 1 din siatu quo n ty any extent withis tat fish bel: ant the tne deemed of t she now gives TO US OL fist within the Uirce-mile ine © privkege of li shores of asand | enon Lor f our codfist Magtaicn had nol Sou the to wily on tht S muackere lai purpo. oun- We ¢ fish in the lug, or sueil- so that the Ing may be kept 12 mind. Tight to tah non, shad and he shores of the iD ten is Couehod 4 v Witch is ¢ proviuees. Or, in o Boliun yrelds to Us io her might fo the mac swinwing im the sea within thiee miles | of her shore—a matter “a Was accrued 1 fact suuce the ion Of any trea reciprocity tre , Which has been ted. dherelore as’ the subject ia dispate as ered when the treaty of isis Was mate, | is affected by at Britain cluiras wat 1 st as ills upcen- rt , as in its provisions. Ii so doing We Should follow bus well known diplo- dents, and specially (he example of cit has within a year Qeziared she would not W Diack Sea, because the circuuistauces it had changed since te treaty, has acquiesced In thal abrogauon by tain now proposes to concele to us the within tue three-mite lime, with further nets and curing fish, provided thy lege of using the shore is one of considerable value, if for no other r Meult to ind many p r+ are not private proper. vn the privilege of nauing or jandiu at drving it Would not ve with the proprietary rights. ne 439,009 barrels of Mac or the ti a Fon becwuse It would be ¢ shores {ions of wh Lint “ale! Iumut by our fishe year tnken eas: in all wa eh our fisher h average not res, During ¢ its abrogation, When ish License, our Gsherinen wok 1 ¢ than one-fifth of their catch withia te thiee-inue line, So that the aniount of conces s.on LY ‘he present trcaiy to us ts the right of Great Isritai ts 6,000 barrels of mackerel When swimming 4 Within three miles of her st re as ficiiing 18 Only about adftcen per eent he fis taken cousists ta the use of abor eXpenited in taking, curing, z tc it will be seen ily attempt y. His extent a a mone wen reduced t $7,000 annually only. money valuc, even in the Nova Scotiaus themselves, may another form, At the te the province of Nova suse to our fishermen to fish judgment. of be reached withia te three mile line at the rate of fifty cen er tol These jicenses gave them in vdaitioh—what the present treaty omits to provide | for—fuli rights of sn , purchase of bait au visions tn the bays and ta there were about fourtecn t Hsherles, it will & by the provini nee vusanid fous era ployed in ntiat the money vaine upon this right came to seven Subsequentiv, however, the i force a reciprocity treaty upon the Unite sed their Hicenses Hirst to ove dollar, then to two and subsequently to dive dollars per ton. These latter eiuis beimg 80 high as to be prohibitory, our fishermen bave de cuned to pay. 5 Reokowing, therefore, the money value In both Jorms, 1t may sulely be stated to be in the close vielutty of $7,000 per year. 1 see it stated In what parports to be @ protocol to the treaty, that the rican Conimissioners opened the negotiations n ovfer Lo pay $1,000,000 in gold for this rieut, oo annually for all tae for a rignt whicn cola offered to sell aud did sell for $7,000 a Where our Commissioners got their ext.aore (inary Valuation itis dificult to conjecture, tt ts not wouderlal that the Kugiish Commissioners thongit they had something too yaluable fo dispose of whea Yankees would offer $1,090,000 fur the rigit to vogm with, As the Englishmen had ulterior olyceis to be gained they would put no money value bpon the fisheries, as they Intended to force open aken by the colonies of New England from | $ Wad bo prior clan; | ©! this treat, ' | maintained itself du | that we ® jaud upos the shore for the purpose | ~ | abundant. erel canght | + British ot other. | yuid be stated that, owing to the | swieted, aud irom | Was winallck than | uty-nve per cent | y Value, irom | mination of | NEW YORK HERALD, TUESDAY, MAY 23, 1871—TRIPLE SHEET. our shores to cure thotr fish and ary their nets, from | dostring war between Great Britain and the United the forty-fifth to the tarty-ninth parallel, er from Eastport to Delaware Bay. Now, mackerel first ap- pear about Cape May in the spring, A thriving liade is dope in catching them for the New York warket and other markeis wateh are to share with the Brit.si, Zhe dish then follow up the coast daring the summer to latitude about filty in the British possessi. us; then returning, the fishing sea- son ends some thme in November, substantially in Massachusetts Bay, British fishermen are, there- tore, to follow the fish, gomg and returaing. In the waters of tke British provinces there are ro menhaden, which are the best ish for mackerel bait for every i menhadeh have always had to purchase of the United States. Menhaden catching forms a vataable branch of our | fishing, as well for the ofl as the bait, Ali this the English now bay of us, a3 they can get it nowhere else. Under the treaty they can catch their bait on our shores for themselves. The privilege granted them of fishing in our waters ts of itself alone worth more than all they concede to ns, Second, in addition, the treaty opens our ports to British fish free of duty, Therefore the British tlsh- ermen may contend with ours by right in supplying our seaports and citles with fresh fish, They may take the halibut in our waters—now a very large article of consumption —and pring it into our ports f of duty in competition with our fishermen, Indeed, the halibut fishery has become so important (hat vessels are now being fitted out im Massachu- setts to pursue that fish on the coast of Greenland, As the British give a bounty of one dollar a quintal aud the French ten francs a quintal on codfish, and ports in Canadian bottoms, our cod fishermen, wuo get no equivalent whatever by the treaty, are to | Struggle against this bounty-fed competition, Not | only that, but our whale fishermen and seal oil tish- | ermen ure to have British competition all over the World by the opening of our ports free to them. It has been declared by some that this question of free importation of fish is a matter of small conse- quence. The famount yearly is much greater than any supposed money value in the Alabama claim, the highest estimate of loss from which has been set at fourteen ivillions, while the value of our fisheries is over seventeen militons aunually, Can a more in- ea able bargain be stated ¢ But itis said that this treaty leaves our fishermen in the same condition that they were under the Re- ciprocity Treaty, the provisions of wluch, by the by, were $0 oncious Upon our people that we abrogated it, Not guite—because our Reerproctty Treaty regarded Canada and Canadian fishermen alone. This treaty opens our fisheries to a'1 British fsher- | men, the phrase being ‘and the fisheries shall be in | comaan with the subjects of her Britannic Ma- jasty.” But that is not all, By the twenty-second article of the treaty we are to pay to Great Lritain tn addition such sum Of money as three arbitrators shall find that the value of the British fishing right ts greater } than the value of ours conceded to them. But there 1s no provision that, it the value of what we cede to Great Britain is greater than the value she cedes | tons, the United States shall be paid for it, Why | not make the questions of paying the excess in the value of the rights ceded by each nation reciprocal ? Ceriainly, tn view of the statement] have made above, taked Wish accuracy from statistics, such @ right to have the Eritish pay what our concession exceeds theirs in amount would bea very valuable one, | , But the Commissioners to which this is to be re- ferred are to be one named by the President, one by | (he Queen, and the other, in cage the President and | Queen cannot agree upoa the umpire, by the Aus- trian Minister near the Court of Loudon, who wiil | certainly noi be exposed to too much American iu. | ‘at selec | fluence in . | In my judgment, reinforced by the opinions of the most jndicious and prudent men engaged in the | Usheries with whom { have conferred, the pro- | visions of this treaty will pe substautlally ruinous to | our fishing tuterests, Bat two answers, however, are made to this statement which deserve considera: | ton:—First, that this 1s nova great matter because, ; at the end of ten years, after two years’ notice. Bui it tt is found, as I believe it will be, detrt- ; Mental to our fisheries, twelve years will entirely | destroy that business. In that time the men en- | gaged in vt will have turned their attention to otner | pursuits, aud the school in which hardy seamen are | trained up for the United States Navy, aud which | has had the fostering care of our government from | the Revolution unt! now, will have been broken up. Beeause of the ravages of the Alabama and her kindred vessels we have almost no commerce in Which to train such seamen, Ali the misctief will have been done, and it will be substantially useless: then to attempt, after the lapse of twelve years, to | renew a basiness outot which, by. the provistons of enterprise and Capital have been forced ) dor that time, | sThe second answer ts that the treaty puts our fsh- | ermen subsiantiatly in no worse position than they: occuplea during the Reciprocity treaty froja 1854 to 1505 eleven years), and that our interest ig that period. at is, toa in exten, true, But he is a superficial observer | Who does not m. the diiference in the two case: |. Under Ure Reciprocity treaty our fisheries were | injured, tt is true, but we supposed that our ma factures exported “into Canada y and otis advantaces, odtatnet thy y ww the ) lumbering and ot were pursued in the forests of Canada, Were an offset to compeu- hanged. There aro no other matters of ro. cliy to MeyL the Wrong aud loss done to the fi ere Besides, ou® tarut of uuties daring ; the peudency of the Reciprocity treaty averuged | twelve or fourteen per ceat only, Now the duties wiich the Americin dshermen’ have to pay upon | ev art from the fish book (o the anchor tn- | ciusive, are from Ulirty to forty per cent. Wien Canqdian lamber came tn fred we could vulld our | Siips for about fitty-five to sixty dollars a tou, against forty to fiity dollars a ton, the cost of the Canadian vessel. Now our fishing vessels cost eighty dol'ars a ton, against forty-five in Cauada. | Again, the Wages of the fishermen in Canada are | thirty-three per cent less tian ours, so that the inevitable temlency will be to ar Bshing vi ve all American 1s Lo be Manned by Canadian crews, so hail be training up sailors for the Brittsi. navy, to be taken Oat Of Orr vessels in the event of areither between us ora neutral power, under tie British rigit of search, Which Uey have never | avandoned, and about which we went to war ln 1si2. | The antmus of the British Commissioners is easily seen (rom their preposition ‘that the most sailsfac- tory arrangement lor the use of the fsnertes would be a reciprocal tari atrangement and reciprocity , in the coastiug trade.” ‘To this the American Com- Ini-slouers Would Hot assent; but they said that, tn- pons one branch ef Congress | Tixelf in favor ar he abolition of duties on coal and alt, they vould propose that coal, salt and fish be | iprocaily admitted free, together with lumber, afier 1874. ‘Bat even this concession the British Com! | luissioners said Was not within their power, allhongh the letter of appointinent, containing thelr powers as interchanged, seemed to give the most alaple and sul after consulting with the Brit | government the proposition was made that ire trade ti fish should be establisued, & business which | évery commercial countiy has always protected by bounties and stunulated by special privileges, and no country more than ts, because of tts extra ter and its national importan @ school for seq Bul our Commission thcir work 1 ratitied by the Senate, are, at the insti- gauon of Great Britain, to maugnrate a free trade policy for this country, beginning it by the destruc: lung Meet, tue source from which we ars Who Whipped the British nay, severy eq naval contest in the war of 11d he town of Gloucester tn the last’ year In (ie tishing bu . by the poris of the sea, y ty-four men, 80 hazardous 1s 4 and such Dravery and sucit risks do the Jishermen stow sad end Anil this interest 14 to be the sujeci of the first experiment of free trade. Imay say, I trust without ovfence, that this tre mc will not tend to make the fishermen very ardent tari@ men or protectionists. They wiil be wnabie to r busigess, which comes | dtrectiv in co! with the bounty fed fisheries should be the one selected j tr raie experiment, and, too, the one drst | to be yieirled up to Bugiish greed. | The treaty ts as remarkable for what tt leaves un- | Said as We have found It to be in what It inciudes, In the face of the fact that haif a dozen of our ves- seis dave been seized and brought before the Cana- | Gian courts for confiscation during the past year, for making harvor and suelter, and buying bati and provisions i the Days and ports of the provinces, there is no provision in the treaty assuring us Mnwuntty from such seizures herealter, or a any provision for teres for injuries ad im ihe past. pon this point the ‘aty is absolutely silent. True it 1s that under the Jaw of hatuons, as a part of the commercial marine of a tricadly Power, our fishing vessels ought not to be sei: ulthough they may remain more tan | twenty Lours in port, aithough they may pur- chase bait and provisions ou shore. But wo know they have veen seized; we khuow that they lave been tried, aud iu One Or more cases condemned, from the unfriend!y spirit which anitmates the provinces, and yet neliner indemuity for the past nor security for the future ts acquired for theia by the treaty agalast | nese wrongs, gaih, thé question of the “rights which belong to the citizens of the United States and her Majes- ty’ subjects respectively in reference to the fish- criés On the coast Of her Majesty's possessions, near | North America,” being especially subiitted to the | Joint High Commission by both governments, is it not remarkable that the protocol treaty finds Wat no thought has beea taken of the isneries upon our Northwest — coast’ how are pecoming on ener er valuable; and | While ihe Commissioners seem to have speut days, if | hot Weeks, over the possession of a comparatively , Insignificant island there, yet they have vesiowed n hour's consideration” upon the great question | of our rights as to Ihe dsberies pear tue Briush POs. | sessions on the Oregon fs rapldiy filling up; © vesseis for the seal and other fst walers, and i @ orthwest coast. ornia 1s fitting © sin the Northe: our ports by their means. very few years, if her Majesty maintains’ her pos- order to judge ciearly of the pecuntary value in | sessions upon Uiis Continent, questions of far more fact of the right thas ¢ ed by Great Britain to | inagnitude, far more irritating and of more tendency yy! oH cQionies, ob what it has cost her | to provoke collision will arise to the Nortiwest sid he Dominiou of Canada to guard the three. | fshert which there e beou no negolt- year bule line during the made to tho Ona By the reports past dian Parlaiuent, it would api Lat ft Cost something over $400,000 for the experses | of the revenue Vessels employed in the guarding of Lois ine and S¢iZINg Our Vessels, The Brii-h government had an equal number of guns aud men employed in the sume service, It 1s Tor wo presame at about the same cost; 80 that it Cook $800,000 to guard the mght of we value of $71,000 per annum, Wiich Muvuue will be saved by the ralideatton of the treaty lo the imperial goveru ment and ite adjanet. We aro, first, by the provisions of the treaty, in ex- ange, tO permit, for Uils $7,005, all british fsher- mon lo Ast in all our waters for ai kings of fist (except shell dsb and river Osh), aud iv laud ow ations whatever, than bave arisen in regard w tae fisheries on the Eastern coast. J grieve, therefore, that so complete an abandon- ment of American fishing interests should have been made by Our Commissioners, and | trust the | Senate will bot ratily this portion of the treat, s# there shall be found fu ower portions su cient countervailing advantages, 60 that we afford this great lows, It is expressly stated in thi provocol, however, that the Asuery questions were considered by themselves, ‘This forces me to consider—what I had much rather not do—the claimed advantages accruing to the United States from the oiher portious of tne treaty. [| say that 1 should prefer not to examin as all French fish will be at once brought tato our | | if tis fonnd mjurious, the treaty may be terminated | jad expressed | shows and the | They | \ vom speaking in tae iterest of a war I endeavored io show i ; tage of building and selling ships to beliigerents, States, and it may be Inferred that my views of the advantages of the treaty are tinged with that de sire. No true patriot can ever desire war for his country, and Lar certain that, with a knowledge of Its expenses and horrors, nothing hag ever been further from my thought than a wish for a confict of arms, 1 have never dreamed that war between this country and EAgiand is now possible while we ore demanding only what is right with a determina ton to submit to nothing that is wrong. When I had occasion to address the country upon the subject of tbe dillerences between this country and England at Music Hall in the autumn, so far ‘0 show fis impossibility by showinz how disastrous it must be to Great Britain, é Perey, had fears of such a war. A govérnment which emonsivated Atselt powerless to lay a tax of half a million dollars upon friction matches without raising such emcu!e among its people as to cause the proposition to bs abandoned, is not one likely togo to war in witch thousands of millions = wil] bo expended, A | government which has reduced its laboriig | Population, from which the materlai to gusrotp f war Bs, be drawn, so that every twelfth nidn {3 either in a jall, aimshouse or insane hospital, will not be easily drawn into a con. test or arms with a powerful nation which has and can put millions of men into the ficld when nothing but right and justice are demanded by the latter Power, Until Hngland can aiford more’ than two ounces cf meat & day each to her penne a3 now, and her other food largely drawn from this country beside, war with ber is only imminent to the fears of the mid. If England would not interpose to save her ally and only protection on the Continent of Europe from being dismembered and crushed out by Prussia she is not likely to go to war with America, the first six montus of which would over- turn her goverament, ‘Therefore, you see, that { lay aside all tdeas of sup- posed advantages gained in Lue interest of peace be- tween the two nations, believing a war beiween England and America & moral and physical impos sibility. Putting away our fears, what, then, do wo get | from this treaty? First, “An expression of regret, im a friendly spirit, for the escape of the Alabaina and other vessels from Dritisk ports, under whatever circumstances, and the depredaiions coiumitted by those vessels.” Th's apoiogy, then, 19 to be the salve for the wounds oi our national honor, aud full reparation for the just indignation of our peopie for all the unfriendimess done to us by England | during the war of the reveliion, whose support of the contederacy cost us millions of treasure and thousands of lives, “Escape” is a word of limited signification. It means evasion from pur- suit, leaving uuder difficulties or unpedimeuts, and the “escape and depredations”’ are all that Eag- land regrets. ret in a friendly aplrit now acts in a hostile spirit then, 1 find no regret expressed for the reception of the Alabama tu a British port, her being supplied with coal and provisions there, her oulcers toasted and feasted, and a British gover- nor appoluted under the crown accompanying her | out ol the harbor when slie removed on her piratical | expedition; nor the like reception of other vesseis, | 1 find no word in protocol or treaty of censure of | British oficiais for such acts of assistance, aid and comfort to a piratical enemy of the United states. Nota word orepelngy for the delay of the (uy Moors , of the crown. ob 8 word of apa for the miscon- struction of evigenco by her ny gilicers, which aideg that “escape,” Leavlig & British pott uader these circumstances seems to me not well defined and atoned for by the word “escape.” But, then, I ah nut versed In aiptomedio language, and may mis- take what is due to my country for hostile acts, I Gad in neither protocol nor treaty any explanation or apology even asked by our Commissioners of England for her deniand of Mason and Slidell, the revel emissaries, on a technical point of interna. | tlonal law, that the brave Wilkes did not bring in | the English vessel as well as the rebel ambassadors, accompamed with a threat of war if the men were not delivered up and an “apology” made, We get neither apology or restitution, only regrets, But, asa plain, common-sense man, I think that the eyes of the people of this country will hardiy be biinded by the aust of the word “escape."? We find in the treaty no acimission on the part of | Great Britain that this or any other conduct of hers in regard to the Alabama was wrong, or tuat she is lavle for what she has done; bat that that question is to be determined, not where the present Joint High Commission siis—in America—but in Geueva, in Switzerland, by a “iribuaal of arbitration’ com- sed of tive arbitrators, one to be named by te President, one by the Queen, one by the King of Italy, one by the President of the Swiss Contedera- tion ana oue by his Majesty the Emperor of Brazil. The felicity of the selection of the persous to appoint thts arbitratioa ts pretiy uly seen, 1 Will say nothing as to the Klag of Italy and the President ofthe Swiss Coufedcration; but I cannot | lorget that the galiant Commodore Collius captured tue Lebel pirate Florida in the port of Bahia, where | she had taken snelier under the protection of the | aperor of Brazil, Where sie had received the sam) | oinfort aud aid that were given the Alabama in | British ports; and f cannot forget tat the Emperor of Brazu, in precisely like case, wiil haraly be tempted to appoint a commissioner a who wilt ude that Great Britain was wrong i harboring: Aiabaina while ais Majesiy the Einperor may vo alied upon to pay for the damages iilicted by the Florida tn dike case offending. Ido not forget that the E1nperor of Brazil required of us to return the Florida to the port of Baia in the saine condition that we found ner, so that she might pursue her fratical course, because her capture was in cuntct | ith that nentrality which he chose to afford us The retura of witeh piratical craft ty prey atresn upon our cuMUEres Was UlLy prevented by the acci Gent of her sinking frou being run into by an army transport, when nuder my juridiction in the James river, Just belore she Was to start back, And 1! not forget, also, that very cogent daiter- e of opmiou arose between the represenia- t ot this ery and his Majesty the | imperor of Brazil in regard to his war against Paraguay, which led to some not the most ferendly relations, 1 caunot forget that Brazil has the vad eminence now of being tn ihe World ihe ouly na‘ton retatoig slavery and the chosen home and retuge of the recalcitrant revels who fed for safety irom, a8 they supposed, the impending halter after the surrender of Lee. * Perhaps these facts make the Emperor of Brazil a perfectly Ot umpire, as he has the appotatmeat of that umpire, of th Aub ma claims, Buta should prefer an uniplre the ry wien) ‘a ferent Power, and being fitted out, Sho requires us, by the now rules, to act without giving us any information whatever, At this treaty 18 ratified, aud the rules of interna. tonal law are thus established, binding us more stringently than do our own neutrality laws, which can be repealed at pieasure, then, Indeod, 18 A great vantage ground of the United states to regain our commerce, lost by British depredation ta any future war, gone forever, and the commercial superiority of Great Britain on tho seas is Indeed assured, It seems, therefore, that the question of national honor, of insult to our flag, of Lape af to break up our government a8 @ cominerctal rival, is to be sub- muted to five gentlemen who may decide that all shall ve paid for ina gross sum of money, It has already been submitted to ten, called a Joint High Commission, and if the five new gentlemen to hereafter tndiderently selected do not take a differ- ent view of our case than those of our own appoint. ment, I see not much hope even of pecuniary gain ge 4 Partial reparation of all we have lost. Ocrtatn it 7 oe ‘Treasury of the Uplieg States 1s "a ‘| mn Anything, Recar fro Sei 10 fe oy ois ts 866, wil Wt greater than what will be necessary to be divided among the private claimants in satisfaction of their 1 Tovserve that the private claimants losses, under the Alapama, some through the newspapers, are pressing very oreauy the ratification of the Not be easily got out; and as au illustration I point them to the Fronch spoitation claims, the money for Which was paid some time in 1836 into the Treasury ef the United states, but of which, so far a3 J am tn- formed, Whe privars claimants have, thus far in tue year of our Lord 1871, realized nothing. At is fatr to say, however, that the treaty provides that this arbitration may only determine grounds of England’s liability, and a board of assessors are then to be named who shail settle “the amount to be paid by Great Britain to the United States on ac- count of the lability thus arising from such failure A3 to each vessel according to the extent of such lability, to be decided by the iirst named arbitra- tors,” In practice, however, it will amount to this:— We all know that arbitrations aiways split the dif ference between contending parties. The extent of lability is to be determined by the first board, and they wiil compromise that, and of course shrink, aq Mauch as possibvie forihem to do, from the responsl- biliy of determining amounts, Then there 13 a second board ot arbitration, which will again split the ditference as to amounts claimed, as is the man- ner of arbiters. So that our claims are m danger, accordlug to the well known practice in such cases, of being first halved by the tribunal of arbiters, and then halved again by the board of assessors, ‘This, Of course, 13 very convenient to the party who has to pay, Great Britain, but not to the United States, who make the claim, and are to run the Tisk Of the doubie danger of submitting their claims: to a cutting down process by two boards of arbitra- tion, Having thus provided laws for the apparent diml- nuiion of our claims both in extent of liability and importance of amount, the treaty provides, as an ollset to any possible recovery that we might get, that ‘‘all claims from citizens of the United stat against the government of Great Britatn arising out of acts against their persons and property duri oa war, ay known as the meer santo Male all 1 of the suvjects er Britannic Majesty aie CY si aets BakMeca against their pared or property during they war, which have been or may be presented” to a board of com- missioners, shail be determined by them and paid in accordance with their adjudication. The provision as to the claims ot our citizens for British aggres- sions during tho war can apply only to tho st. Albans rate or one or two like matters of small im- port, because we suffered no other than our injuries atsea, Lam not aware of any substantial clatm pb: the citizens of the United States against the Brits! government during the war excep! the St. Alvans raid. This proviston apparently fg put in as a sort Ol sop to the State of Vermont to insure the vote of ier two Senators for the treaty In derogation of the other New England mterests sacrificed by it, Jsut the claims already patos and which will be submitted, of British subjec i supposed to be injured during the war by th nited States are of vast amount, Every blockade runner caught ana imprisoned, every man tn the South whose property was taken, who can by possibility claim ever to have been a British subject, or who by bill of sale or otherwise can get utle to property takea or injured by the United States torces during the war into the hands of a British subject, will appear as a claimant before this commission, And these claims will run up toa very much jarger sum than any possible ciaims that we can have on account of the Alabama, aud the palanee provided for by adjudication under the treaty to be drawn from the Treasury of the United states will be very great. Whtle we remember the immense emtgration | from England, Ireland, Scotland and Wales, not to say Canada, we can casily concelve how many Brit- Ish subjects may have been injured im person and property during the war, There lias been, it is estt- mated, something over 4,000,000 emigrants within the last twenty years into the United States of subjects of Great Briiam. A very small sum for injuries done in tue War to a Very sinall portion of them would amvant to a very large aggregate in- deel. Under the trine of local atlegiance, | ing losses by Lie War to fall upon toreigners dom. ciled here, to be borne as those of our own citizens, We are nol pow, and shall not be, unless we agree to the laws of tis treaty, responsible to foreigners for injuries auifered in war in any other manner than to our owacilizens. In the present condition of things the tee mast He where It falls, and the loss must remain with those where {t happens, as other Josses during the war. But if we agree to this al: tho losses oi foreign neutrals must be paid. If it be said that many of these Briush subjects are oaturalized citizens, lo thatit is answered tat tee case was very frequent during the war where inea claimed in the South British protection, and ! i { 1 concealed the fact of their naturalizauon, which | would be ¢ many in tie category of British claimants who have acted as American citizens for years and who claim now their British protection. indeed, the adoption by the government of tats clas of claims, and the paying ef the same, will open the door to take un- told miittons from the Treasury; for it 18 very dificalt lor Congryss to if the government pay Briush subjects for their 1béses suttered during the war, gy we showid not pay all loyal men North es well as jouth jor gil their losses during the war, Are we to treat British subjects better than our own loyal citizens? And ate we not by this treaty opening a = ould have suggested his Majesty tne Emperor of asia, Who emancipated his slaves just before we did ours, thereby seLung us a good example. It 1g to be observed thay this “tribanal of arbitra- tion," so chosen, may 4Ward a sum ta gross, which shall bea full and final settlement of ati our Ala- bama claims, and for convenience of fepresentation | of those ciaims, of producing the witnesses and tes. timony, and of showing all our losses, that tribunal is to Sit at Geneva, ia tue mountains of Switzer: | lana, But it must be by no means forgotten that to guide | this arbitration three rules ave lav! down iu article Sixth, a8 aieo for the future government of neutral nations in ume of war, with the expre-s reservation that her Majesty’s government catuot asseat to we rules as a siacement of principies of mi law, which were in force at the tue when the claim mentioned in article first arose; but tat in order to Make satisfactory provision for the future, Mw order to evince its desire to strengthen t wo governments, it 13 agre nas rules by the arbiccators, First, then, that a neutral government ts bound to nse due diligence to prevent Ming out or equip- ping any vessel which it laws reasonable ground to beffeve is tutended to cause or carry on war against | & Power with Whicl It 18 at peace, and ulso due | duigence to prevent the departure ef a vessel | intended to carry on War as above, such vessel having been especially adapted in’ whole or in part Within such jurisdiction to warike us condly, not to perinit or sutier either of the belligerents to Take use of Its porta Or Walters as & t operation against the other, foi Military suppiles or arms or the recruitm ‘Thirdly, to exercise due dliigence In tis ow to ail persons willuin the jartsdiciiou to prevent any violation of the foregoing obligations and duties. Wile It might be desirable that ive rules should overn tie arvitravion It is diMeult to see upon what heory they can be deemed Of advantage to this country im the future. By the non-observance of them England has driven our commerce from tne seas, In any coming war we to lose ail advan. ports 28 Engiand has inily enjoyed her opportunity to cripple a commercial fival. We are to give up ours—we have no need of them herealter, they will bardly serve us In the past. As bearing upon the Alabama claims, it will be | observed that those rules are to be applicable to | Great Britain in case only the Atabarua is found by Us tribonal of arbitration to be “especially adapted in whole or in part withia it Britain w warlike uses.’ Now the Britlsi hay Is ays claimed to es- cape the penalty of lability for the Alabama, on the ground that when sue lett Liverpool she was uot “especially adapted to warlike uses," her armame being taken on elsewhere. Secondly, that she not use any British port for milttary supplies, coal and provisions, which are hot uecessarily m tary supplies. Lt will al be remembered iat a British jury in 6 Ci brought to trial under the Justructions of a British judge expressly found no breach of neutral obligations was done by a British subject. And the third article does not enlarge (be si pie provisions of the British neutrality act, But suppose 1 am Wroug in this as applied to the Alabama claims, and that these roles are meant to be an admission by Great Britain that she ts amen- abie for the conduct of her agents at Liverpool and Nassau in relation to the Alabama, and that her iting cat was a breach of neutrality, within the meaning of the third rale. Then, before she will consent to pay for what (he Alabama did, she pro- poses to bind the United States by Uiese rules for- ever, to prevent all fitting out and sale of vessels adapted “to war purposes, anda the treaty expressiy — providea that these rules are to be biuding upon other nations as weil a8 binding upon Great Eritam. Therefore hereafter, In any war, the Uniied States are to be respousthle for all damages inflicted by any vessel which slail escape from our ports, and with the enterprise of Our people such vessels certainty will escape, 80 that hereaiter our hands are to be Ued When Britisu emergency may be our opportunity, ‘To iiustrate:-—Whenever Great Britam geis ito @ war, aud in one of our many ports a vessel is fitted out which injures her commerces, we in all after time are to be held for all damages she does, conses quential or otherwise, By these rules no duty 19 Im- posed upon the British government, as there was & duty which we undertook during rebellion, to bring to the nouce of our government any such fitting out or escape. We aie obliged by the treaty to attend to ali that ourselves solely, employ our own agents, and no duty or obligation i# put upon the British or other bel- ligerent goverument to give us any miormation whatever of how much soever she may be pos- Ressed, She would not listen lo the representations: these viligr digiters, byouuie T have byon accused yf ; of our Miyigter, Mt, Adyiuss (lat tie Alabama Was | 6ubjects taken during the war. door through woich untoid iniluons upon millions wiil pass out of the treasury of the United States? There are two classes of claims, however, pro- vided for tn tals treaty that a loyal Amerivan cluzen can never cousent to, and they may be put in as Many treatics as commissioners may choose to ne- gotiate or the Senate tu ratify; but I, as a represea- tative of the people, will never vote a dollar ap- Pe gained for them, And those cialms are these:— first, compensation for slaves owned by British I, myself, eulisted such slaves, ani took them from the possession of their British owuers to figitt the battles of America; and am L now to be ca ‘upon to pay lor tiem Yet they were property under the constitution ot the United Siates, so tar as British subjecis were cou- cerned, and the prociamation of emancipation of President Lincoln, which took this class of property from British subjects, Was an act of war, aud under this article of the treaty 1 see no answer before a commission to a claim jor slaves whea made in due form before them, 1 see by the protocol that the Commissioners there say Uiat a British penal stat- ule inflicis a penalty of filty pounds upon a British | sub'ect for holdiug siaves; theretore no Briush sub- ject can clan property in slaves under this treaty, That is «imply & municipal statute, affecting @ British subject while in England. 1 cannot affect hia heve avy more than any ober municipal law of Engiaod cau adect is action here. He cannot tied bere under that statate; he can be table to no penalty here unde He has aright while owing lo ce tous to own all pro owned by our laws, a cl he is to be protected by our laws im those righis, And this treaty is ihe supreme law of our land whi we agree tot ‘There is a penal is for auy British suyject owning & curds wich sual! not be stamped Ina bat does any one presume that that penalty app: to a British sutject while domiciled here? And why should not lt apply as well to a penaily against owning slaves? And agaiu, if weare to pay British subjects for property tn slaves, why not pay our own loyal. citi. zeus for the same class of property’ And will pot the claim for siaves be pressed upon us with Une answerable force Jt appears, however, in the pro- tocol that the British Commussioners said that no chum for stave property wilt be presented by the British government. But suppose the administra- tion is changed, who shall answer for what w British ministry may or may not do when there is no treaty to tue contrary’ Why not say so in the treaty liself? Nobody Is bound by @ protocol that is the oner of a bargain, not the bargain iteell, Why not say, cialms for all aci® committed against British sab jects except for siaves, and thus save all posuble precedent and ail possible dispate apon this topic y And | pray our Sehators, as republican and anit slavery men, to move that amendment in the Renate of the United States, and let the country seo who will vote against it, even im seeret session, Again, wa lave by constitutional amendment, and inevery Way that ® gowrrnmenut can, pledged the nation ust payincnt of avy part of the Confed: erate loa y be sald, ands; truly, ed by the tei acts arising ouvof the War committed against the persons or property of Brit subjects, Bul we must remeniver that that lerate Joan was recured by pledge of Vast amounts of cotton in the South owned vy te confederacy, aa colineral socurity for that loan, which became thereby the property of Briusn — subjects holding — the joan , for which it Was pledged. Ins cot. ton “was desiroyed or captured to the amount of many, many millions, and certamiy comes directly within the provisions of this artic ofthe treaty, And although we may not pay th Confederate loan, yet by the treaty we are obliged to pay for property by Which the Contederate loan was secured, and the Knglish Confederate bond- holders wil receive so fae bie amount loaned by them to carry on the war, The English Confederate bond holders understand this very well, and their payers are exuilling over Mie fact that by this treat he English can holt us to restore all the picdge property ner subjects held for the Confederate loan, Itat be said chat this property will pot come within the description of this articie of the treaty, 1 repiy again It docs come within the words if not within the very purview of ihe article, and Why not say 4 and settie all question upon tis subject? An poms ol this amendment lo be made tn the Senate if this treaty or any of its parts ts to be ratified t A it we to pay lor these loss 8 of British minfoc arising out of the war, why are we not iu like manner bound to pay the losses of the French, the Germans, the Italians, the Austrians, the Spaniard: the Brazilians’ Do they not all stand on an equal footing in the claims for losses suffered tn the war? Tlgw can we evade such payment serve how completely Our jeint commissioners eneraiied, becarse in all the boards of arbitration, either the hing of Spain or his reure- have been oul ly Knuwn to themselves; and there are i | sentative, the Emporor of anstria or his representa- tive, the King of lialy or his representative, the Emperor of Prussia or jus representative, the King of Sweden, are to appoint one or more arbitrators, yet their subjects have like ciaims aud like demands With British subjects upon this governmont. Jshould feel more alarmed upon this topic than T do did T not know that at least there 18 one safe- guard which the United States have against the pro» Visions O1 the treary—which need no word of characteriaation—aud that is that the House of Rep- resentatives of the yr will never Seprearitve | money to carry some of them into effect, It Will be said that when a treaty is once passed by the execu- tive branch of the goverument and ratified by the Senate the House must pass the necessary legisla. tion to carry it into effect, To that I answer that tho Pariiament of Great Britain m the com- mercial treaty made with Holland many years ago expressly reiused to pass the necessary laws to carry into elfect its provisions, and It remains unex. geuted evon to this day, And the House of Repre- eniatives, from the time of Washingion, have given tice, nd the epsont ouse have renewed that Hotlee, hy: hy ¢ Senate as to the world, that the rights of the United States are not to be bartered away by the treaty-making power without the assent of the House, | I have tasked your patience so much m the con- sideration of these two principal matters of the | treaty that I haraly dare ask your attention to any other criticisms uporr It, True, we get the navigation of the St. Lawrence and the Welland Canal, by paying for them. That we have now, I never have heard of any United | Stales vessel belug prevented from navigating either of these waters or going through the canals by pay- Ing the tolls. There may be such a case ot griev- ance, but it 8 not to such an extent asto aitract | national attention, But for that we give, tree of | cost and license to British subjects, the navigation nu trade on the Awerican lakes and canals and open to them the coasting on the great lakes, pro- viding they cau show that they are carrying goods | that have ever been laud borne on Canadian soil. Besides, we are to open ail our ports to tue import of British goods in bond to be carried in transit across Our Country to any part of the British posses- sions. And we are to perintt any goods irom the ‘| British possessions to be carried through our coun- try from the Provinces, also in bond, Now, with the evample before us that it was found impossible under our internal revenue laws, by the severest penaities and exactions of fines and imprisonments, to prevent frauds upon the revenue in the transportation of whiskey tn bond, to such a degree that the privilege had to be abolished, we can judge what a {rightiul source of smuggling and fraud upon the revenue is opened by the transit of British goods both ways, in bond, over a vast extent ‘of country, with 6,000 miles of custom houses, with evel if possiole ramification of railroads through ail portions of a country more or less untnhabited. But I need not stop to elucidate this further; In fact, this practice of carryiig bonded goods through our territory to be finally disposed of 1n another ju- risdictlon will be feund very disastrous to our Tevenue, ‘The only other thing that we receive 1s a submis- sion to arbitration of tue question of title to the islacd of SanJuan, With the example before us of been done when we have submitted what has alwa: 0 arbitration British claims, especially jx the case of | nf is ani j mentee isto tas Kine | of thé Netherlands, 1 have not much hope from this Arbitration, Nor does our situation in ths regard seem ip be improved by the fact that the treaty pro- vides that our titie to this island 1s subinitted to the sole decision of the Emperor of Prussia whether pre- sent ortocome. ‘Theré was not a ase on the Commission who would not nave refused to sit as judge in a case where his son’s wife might be inter. ested. Why then provide such a judge for his country? Specially when there was a disinter- ested Emperor of Russia, who might have been se- lected savelthat hejhas been thought to be friendly to America. We shall lose San Juan I doubt not, but itis not of very much consequence, because, With reasonable firmness of administration on our part, San Juan and all the resi of British America will come to us pefore long. And that is the only saving reflection I nave to this treaty, and will retieve in part my objections to it more or less, excepting al- ‘Ways the ruies as to neatral nations, which hold us and our posterity forever bound to the superiority of British commerce, Té 1s to be noticed that this pot of the treaty, as that mm regard to the fishertes, ts quite a3 remarka- bie for what 1t leaves unprovided for as for what It provides, 1t is well known to both governments that there are clatims tn large amounts for damages, and of still larger consequence in the principle they involve, against Great Britain for the continement of American citizens im Britisn prisons without ri and without any vi Justice. With the exain- ple of England before us of going to war with the barbarous King of Abyssinta because five English subjects were beid In custody only by that gavage prince—which évery civilized” nation Justi. jcd—bow can our government be excused trom not insisting, as part of the settle- ment of the questions between Great Britain and this country, that the claims of our citi. zens, Whether native born or naturalized, for in- juries wrongtully suffered by them &t the hands of the British government should be now and here ad- Justed, settled and paid? Tne reason for the refusal | of our Commissioners to have this class of claims considered was tuat the British Commissioners put forward claims by Canada against the United States on account of the Fenian raids, That seems to me | to be an excuse, not A reason; for if there 1s any Just cause of complaint against this government for not using due diligence and care in preventing its citi- vens as soldiers going to Canada, then we ought to pay the full amount Of damage and loss occasioned | y our neglect of duty, It does not answer the claim that our government should make a demand upon tie Brittsh government for all just losses and injuries of our citizens to say that tf we do we shail ve called upon to make good Ike injuries and wrongs that we have done or suffered to be done. If there are any just claims against us let them be paid, so that our citizens sufering in foreign prisons may get some remuneration. Again, the great cause of grievance by Great Britain, which must ever be a source of trouble an ill biood, has not peep touched in this treaty, an that is the respect du@ to our naturalization laws, and to our citizens who were once her subjects, and who have become so according to the process known, to our constitution. It has been the practice of Great Britain since 1814 whenever convenient, to ignore and set at naught alt claims of her former subjects to be Amer can citizens by virtue of their ceraficates of naturalization. and we as & nation have been the subject of almost daily insult in hat Lug the rights cf our citizens entirely disregarded. What excuse have the American Couimissioners or the governmeyt to offer why this prolific source of 11 blood, ill feeling, and almost of necessity wron; doing by England to the citizens of the United States within their borders be not done away with by effective rules binding the future conduct of that Power and indemnifying our citizens for the past? Calling your attention to one other matter to which this treaty covertly but very effectually com- mits us, 1 will relieve you from further discussion of tnese topics, It will be observed that the United Statos are making a treaty with Great Britain—two Independent Powers; and yet Great Britain requires us im every part of the ‘treaty, step by step, to acknowledge the Dominion of Canada as a quast in- dependent Power. This treaty is to be tn iorce be- tween the two governments If a poriton of the people of one government will agree to it. We shail have tnis or that done or not done as we can et the consent of Canada. Well, what is Canada fat a British proviucer Why snail eae put in the = dishonorlug = posiuon = of ing a suitor to the pommion ef Canada, for what we shall ao or what we shail not do—what we ehall receive and what we shall not receive? True, a sop is thrown to us by a pro- vision that the (United States stall ask the States to open their canals as fast as they are built to Bris commerce. Again, | confess my ignorance. I never have | heard any objection made by any State or corpora- tion having any canal, to any bout, british or other, going through It, who would pay toils, Canal boats do not generally carry the flag of their country, so} that It would not be an offensive object fauntiug the British ensiga in our faces. And I have yet to héar of any occasion for any such stipulation. And, so far as T am advised, it is a new species Of dipiomacy—a recognition of Slave rights, not even laid down in the resolutions 1} '98—That the treaty-making power of the United States with foreign nations ts to be subject to ratii- cation by the States, legisiatively or otherwise. I had supposed, up to this present moment, that 1 had Known of every possible assertion of rights; but, in deflance of What Solomon says, thal were is nothing new under the sun, here is a new ertion of State rights--an tmplication that the Legislatures of the States may overrule the treaty- muking power of the United Siates. Trusting that the Senate will exercise its sound judgment ce this treaty, cause the fullest discus- Bion, take tine and wait lo hear the respons of the country after the treaty bas been read and com- mented upon, bot by lured newspapers in the inte est of parties sucking payments of money under the treaty, but by an independent press and the Intelit- gence’ of thé country, and trasting it will not be | made a party measure on the one side ov the other, as itis wot, but thatit shall be viewed in a spirit of Intelligent patriotism, anxious only for the satety, honor, weltare and best interests of the country, bei. a very trul enrove mes Yeune Nery SO" BEN Fi BUTLER. i—The Valne and Impor- tance o! the Fishericn. After General Butler closed reading his letter on the Treaty of Washington, KE, H. Derby addressed the Legislative Comunitee. He regretted that the views of General Butler had not been sent before the Mr. Derbys Ovin Joint High Commission and the members of the United Staies Senate, as he be- lieved =—s they were sound, andl showd receive the attention of all thougitfal men, fe fully endorsed Mr. Butler's estimate of the tmmense value of the fisheries to a very large community in the county, The mackerel fishery alone was worth 000,000 anmu- filly. The cod fishery was valued to the Slate of Massachusetts at $5,000,000 = per annum, There was avother great branch of industry, and that was the supply of fish daily to the markets of the State. That was worth $2,500,000 or $3,000,000 a year, and the whale fishery was valued at least at $6,600,000 annually. Tho total fishery was tus worth at feast $17,000,000 or equal to one-sixteenth of the entire productions tod the Stave, The language of the treaty, Mr. Derby contended, was to ‘take away the sole proteciion of our fishermen in the homg market and tarow thou, into competition ‘with, the English aud Frensh fishermen, who had ‘not so heavy duties to conteng with, and who have every gadvan- luge ven them ‘over our OWN MOD Sa a “Ehere | 29h tas, et still greater consideration, and that was that we were sacrificing the great) nursery of our navy for the paltry consideration of the jain ine of three miles around some of the British provinces. ‘rais line We Briush fishermen had no right to. Mr. Derby con- cluded with a reterence to the injury the Treaty would eventually work to (he new eit, Gi = elty of Glou- Mr. Atwood, of the Cape distri di that General Butler and it, Dery haat eatt come germina the isuery question, Which closed the hear- THE AVENUE A HOMICIDE. Trial of William H. McNevins Charged with the Murder of Edward Hines—Testimony for the Proseoution—Zhe Case to ba - Resumed To-Day, , was another and After a few unimportant cases were disposed of Yesterday in the General Sessions, before Judge Bedford, Assistant Disirict Attorney Sullivan moved for the trial of WILLIAM TH. M'NBVINS, indicted for shooting Edward Hines, on the 27th of November, 1870. ‘The prisoner ts a young man, and Occupied @ seat beside his counsel. As the occur- rence took place some time ago, the particulars of it were not fresh in the minds of tho jurors, so that there was -NO DELAY IN EMPANELLING THE JURY. After they were sworn Mr.Suilivan opened the case by stating the facts which he intended to prove to sustain - the indictment, It appears that an affray took place on the evening in question in East Sixteenth street, near avenue A, at the door of a drinking aaloon kept by Willtam Creary, where Hines (the deceased) his brother, and other parties went in to take a drink; that subsequently the deceased was endeavoring to get his brother James home, and while on the side- walk McNevins struck the deceased a blow upon the head, and when he turned around to see who struck it the prisoner fired a revolver, and the shot entered the stomach of the deceased. THE TESTIMONY, , James Hines, the brotuer of the deceas@, was ‘he first witness called. He testified as follows:—I re- side at 208 Atlantic street, Brooklyn; am a horse- shoer; on Saturday evening, November 26, I came over to this city with my brother and Edward Dono- hue and went to my uncle’s, Philip Owens, 254 West ‘Twenty-seventh strect; from there we went to the corner of Sixteenth street and avenue A and invited pew lends to take a drimk; this was the saloon of ‘eter Curry; we met Thomas Murphy and John Taibot there; thei We all went to the drinking place of William Freary, 426 Xteenth street, between avenue A und Fir éaiig, and say ieNevins, the prisofer, in there, arriving about welve o'clock: I asked MeNevins up to have @& drink; he accepted the invitation and then went into the centre of the floor and sai he had it in lor my brother; 1 satd, “Oh, Wiile, drop. it? then my brother called us up to have a drink and the prisoner drank; my broiher (the deceased) then wanted to go home Aad wanted to tke me along with him; 1 re- sisted and sald I would ot go; we went outside aud I stood with my back up agsiast the shutters of the next door, the deceased holding me by the lappel of the coat; William McNe 3 hum with something on the side of the head; my brother turned around, and as he did so got shot in the stomach by McNevins, who dred @ shot from @ revolver; he was about three feet from mm at the tine; I did not hear the deceased say anything te the prisoner belore tne shot was fired; my brother sald, ‘Jimmy, 1am shot; the prisoner then satd, “Stand back, i have golone more for you, Jiminy: 1 foilowed hiia up and he fired a shot, wounding me in the thigh; then ne iired another which went inte the fanligutof the door; the prisoner then ran away; [hada kuife and my brother wanted to take it away from me; i. was in ny hand when McNevina struck, but my brother pulied it out of my hand as he got struck; it was open; this is the knile (preduc- ing it) which my little brother, Who is now ta Troy, foundin my deceased brother's clothes; Lsaw the Wound in the stomach of Tue deceased; he was taken to tie station house and trom there to Belle- vue Hospital, where he died the mormng after, Tius Witness Was cross-examined and contradict- ed hinmseif upon important pom's. When before the Coroner he admitted that he «id not say a word about the accuseil saying, “I have tt tn for your bru- ther;” this 18 the first time that the knife’has been produced in any court; 1t was brought from Troy @ jew days ago by uy sister; L swore beiore the Coro- ner that I did not know whether we (ineaning him- self and brother) had a katfe or mot, but might have had one;I swear postiively now that this 1s the knife my brother had that night, Upon further cross-examination the witness sali that he syne that was the knife his brother had tn hits hand, Clristopher Dononue, sworn and examined, tes tfled that he lived sin Brooklyn aud was with the deceased and ils brother upon the night of the shooting; the party drank twice in this saloon and no angry words pas ed betweeu any of them; Hines and his brother walked out first and tho wit- ness after them, McNevins at this cme be! inthe back room; witness and the dece; tried to bring James Hines home, he being intoxicated; while they had him ep against the shutters the deceased said James had a knife McNevins came out to tne door of the store, and then went about six or seven feet behind the dee ceased on the sidewalk and struck him on the side of the head; the deceased put his hand to his hi whereupon MeNevins jumped back to where he stood and said nothing, but shot him with voiver; 1 saw the pisiol in iis hand; then MoN¢ m7 fired another suot, but it did not hit anybody; ti prisoner then told the brother of the deceased to senae le, that he had another one left for him james stepped aside, and he (the prisoner) fired hun; the prisoner ran away; he did not say anything at the time of the shooting; after the thira shot was fred 9 man named McNally came out to stop the shooting. ‘The court then adjourned. This case will probably occupy the whole of to-day. THE MORRISSEY GAMBLING CASE. An examination was commenced yesterday morn- ing before Judge Dowling, at the fombs, In the case of Arnold Sievres vs. John Morrissey and others on a charge of keeping a disorderly gaming house situated at No. 818 Broadway. As previously pub- lished in the HERALD, the complainant, Stevres, re- peated that »he was in the house, which he beeved to be jolntly owned by Messrs. Morrissey and McCor- mick, and that on tne 6th oa of March last he pala over $100 to a maa namea William Gage, and a the following evening he paid two fifty dollar bills for checks used in the game of iuro, and lost the sum of $200, He believed things were not “square.” Hence the tmpeachment of the house, The exam- ination brought out the fact that the witness had lived in neariy every hotel in the city under different names. Jolin Morrissey, McCormick and Gage were ably represented oy counsel. The examination wilh be continued through the week. ANOTHER RAID ON THE GAMBLERS, OMeer Waiker, of the Thirteenth precinct, made raid on anest of petty gamblers at 243 Monroe strect, on Sanday night, When the proprietor, An- thony Burke, and twelvo others, were arrested and taken to Jefferson Market, beiore Justice Scott, who held Burke under $500 ball and discharged the piayers, with a reprimand, POCL SELLING ON THE PIGEON MATCH. Pool selling on the pending pigeon shooting match between Ira A. Payne and Captain Bogardus was: started at Johnson's, corner of Twenty-cighth street ana Broadway, last evening. As the bee | of the betting men present were desirous of betting their money on Payne, some three small pools only were disposed of, Payne bringing twenty-ilve dollars and Bogardus twenvy dollars. CITY GOVERNMENT. OFFICIAL. Board of Aldermen. ATATRD SFBSION, MonpaY, May 22, 1871~2 o'clock P. Me Present—Thomas Coman, ea President) and Aldermen Chariock, Cnddy, Dimond, McK Plankitt, Reilly, Welels and Wollman, PETITIONS, Ciatms of M. M. Kellogg, Amos R. Eno, Amon F. Eno Augurtns F. Smith In thé matter of tho widening, de roadway, Ke red to the Committee on Finance. RESOLUTIONS LAL OVER. By Alderm: am ORMeL—To Jay crosswalk across Broad- 7 Opposite Now Py Alderman O'NkInA.—To Burd, gutter and fag In front of Me Adana PRUE teey gas mains in Pitty fourth lerman PLUNKITT—To re bi, Vetween Tenth and Eleventt avenues, and Firty-fifte ee. Merman Mokinw ate To orild-sewer in Third avoaae, rH wireet, et, between Tweltth wnd Thirteenth streets By Alderman PLUNKUTT—To lay Croton maine tn Eighty. By Alerioan Prunxrryro reguiaie, Ac, Forty-eighth sie Auerman ONEENI TO. pare with Belgian pavement + First avenue to avenue A. Uy the Phxeiigewr To Gil fotm sou Sixty-second flag south ade street, between Fourth and os First avenue to avenue A. By fog O'NEILL + formas pe pemee lamps opposite Metho- j cn oe Riderioas PeONKts co fence note southwest eor- ov iway and Fifty-fifth street ’ a te humnere Ty regulate, ey Elchtyevghth ‘avon to. Nol wpe Aldor apn Punt To Texte, &o., Seventy-eight rel, itt oni to Boule ¥ ROLUTION TROM MOARD. OF AGSISTANT ALDERMBS AnortEn, ; To peatolt James P. Winters to place, watering troagh om novtienst corner Tenth avenue and rhirty fiith street. jon, the Board adjourned until Monday, suth Inst. attwyo o'clock adlourned TOUN TARDY, Clerk. OFFICIAL, Board of Assistant Aldermen. BATE ET aD, 18TLf otclook,P. Me pl gienber enarertng 1 Bie amt ob OHS, Leave te le = tbat the ert at Seti mo mM ee TO TURN te HALON Gy, CIO OOOO EEE eee