The New York Herald Newspaper, December 9, 1871, Page 4

TEE NEW WAYS AND MEANS COM- HOW IT STANDS ON THE TARE THE FREE TRADERS JUBILAS Sketches of Members. Waswincron, Deo, 7, i871. Considerable astontion kas boen catied to the now Committee of Ways and Moans, and sketch of the porsous composing It may not oe watuteresting, TRE CHAIRMAN, DAWES. wet Mr. Dawes regides at Pittsie:d, neatly on the bor. der of Now York State, close by tte celevrated Shaker serlement, He Is fifty-five yoars old and a ate of Yale College. Beginniny.life as ‘a seROot ner and passing up to the cditorial profession, he tinaity aeoepted the law for a mature occupation @nd went to the Massachusseta House of Repregen.. tatives as long ago as 1848, He was successively Representative, State Senator, member of the State Lively a jot Attorney of | ‘Nis case after ne manner of a Vonstitutional Convention end Distr y nad ingest gt top maamees ies 7amons winch the Pragideucy of the United jis Wesiarn Massachusctts, and has been eignttimes giected to Congress. In appsarunce Mr. Dawea ts of medium size, Tather spare, somewhat stooping, and his baw t @ lttle.curned. Te wears @ beard and has A rosty complexton and asort of gnarled, stab-sided New Bugland look, He is-very pigin and absfemtous in bts nabite, Pays Uttle attention to Washington hospitadty aad has deen often satd to wear a hungry look. He avesses ta quiet fashion, lives wit! Ww salary, and” probably saves a good part or it, and im all “moral respects ts as high a type “or ® Congresman (as even New England could..send to Washington. As # public speuker he ts uot famous, possessing a sort ol a roaring voige, pitehgd too hign and kept up to & hoarse monotone, each period bemg a kind of a yrat, and, althougy’ beohas always something to say ud the speech When Mhade reads like himself, plain, ertiuent and fOrgible, yet he wall dot be at tlic head $ the Ways ane Means Committee as muctr of a maa as General Sckenok, bis predecessor. Sohenck ‘was the vest talker in Congress, of the sensible de- Koription, Me Was mever brillant like S, S- Cox, Mhomas Fitcd, ames, Nye and others, but he inva Mabiy had bis way ond commanded respect by bis pola begring, pétfootworldliness, native wit and Kuowlodge Of ciroyaiswancoes, end te has left vehind him such 9 repujaton forpeady adaptability tuat it May almost be dalled geftus, Hawes, without wé pees @rasp, decisive judgment aia remarkable. ourage of Schepek, fe @man of more general coy- Solentiousness, He will say nothing and do notning’ which he bas not passed forqugh his mind and jap- Plled the test ofstworals tolt. His most intimaig personal (end and the man wif gives him the sup- port which greatly assists to Scud him to Vongress evory year ls Samuel Buwlos, of Springiteid. These men have becn suid to regemble oacn otncr a good Gea! in face and galt, On the tarlif yuestion Dawes is one of the most moderate protectiontsis to pe found, while Bowles, tls ‘other ‘Dtomio, got tu company with free traders like the adaws boya, FQward Atkipsonand Davia A. Wels, Mr. Dawes 4s too timid to offend the strong protection sentl- meat of the greater pert of Massachusetts by com- dusttug Wnsell to. any very radical megsuce of rev- euue reform; but he will not stand for the ceteation Of Lue dulés on coal, salt and matters of that ‘ind, but veileves (hat protection, as originally mended, applica mainly to the manafacturesin wood and tue Metal The protertion Intérest, however, feels Aolaced with the idea what after Dawes’ committee have revised the tarif-he'will not be able, with Lis Moderate powers as @ Aebater and a speaker, to purtt througn the Houge, “Perhaps the mosy nota. Dic speooh which Dates “éver made was that in Which be tniroduced the appropriation buls lest year, where he launched fate the republican party and gave the republoau oMfee-holders a tremendous Bhakiog up. Dawes also exposed the Cuorpenutug fraud a short mesg andedid it with nerve aad pxneustiveness. Bé was Bipine’s'vontestant for tue peakersalp of théAod3, but-was not agile, wordy aad slippery enough to succeed. To be entirely popular in the House of Representatives a man Must wos possess very ostensible morals. -Thas tt hapocus (dat Gargeld, Who-bes Fiseu 10 Atetinotion ia Wat pods, and Wlo Bas QO personal enemies, has yet a very Iimlied number of strong friends, Tike: mise Collax. And Lenyof thely trudueers are re- guired to explain why they dislike theur the general auswer ls, “On, well, they are too much like Preacters. They have ‘Mot bownoed drornd with wen.’ DORACE MAYNARD. Horace Maynard, who by relative postiton on the Comatutttee would be tts chairman tm Case Mr. Dawes Should irom aby cause ve incapacitated, is an old Weurber of the House, and provably one of the most Stuptd men in it. Hets@fy-seven years old, very tau, very lithe apd -stratght, wish long, lystretesa blab b ir, no vege, & stokly bl Serer teeny tat, wiite ‘comple: and the gal a8 vindictiveness Bag edie. ere is a superatie tou avroad in theesfouse that ard possesses some of the blopd .of tae. old indian tribes oi Mussagheseuts, where Was born, at Waestvoro, An 19145 arly in 16 ame @ temporary rest dont of Bouth Carolina, but fecelved 4 cortaln sort 1 collegiate ae ne ni at Amberat College, AMassu- chases; ubence he by egt oyt to gain a hying Teaching, aad he fon) coupation in East Tenne: see among the J ar Of that region. F Was calied the University of while there be studied law. persi quiet, relenviess mat tf’ bis irations, as well ad ig nts resentineuta, ne succeeded go well as 16 taki & fatr rank in that uniettered community, Aud I Gilied severai local ee cra in War t Attorney General of the State; was twice s a ential Kiector, and .pas been seven times sent to Oongress, Maynard is pecullar among Congress- meo, in the moral points of character, i teat de- dued, be ls unim: able. does not steal, nor Ne, nor break any of the commandments outright; but in narrowness of charity, a longevity of repent- meat, au Incapacity to look at any ques. fog in its broad ret tataty to -Ax upou Pca ng small peurhogel +4 ont te = ture up oy _seif-consideratio: vanity, so that tt Combs 2s embra "thio whe issne—this is the sort of a person who is adjudged worthy to be named next to Mr, Dawes on & com luitive which 1s galled upon to be the most phulo- sophical commitice in Congress, to be least seu. tonal, most disinte and to be capable of em- deacing-the whole United States in the pe ant aud uaselish eminence which It occupies, yol- ume nnglt be comptied of all Maynard's iitvenesses aud purswic of pelty piques. has beeu @ geod wilio ou the Commitiee of Ways ahd Means, and ihe ouly person wilh whoo, he could ever agree aito. geiler was Judge Keiley, who bore towards his [ci low commilyeeman pretty much @ like relation. My, Alliou, oF Lowa, Was once asked aout poe de operations Ol thal celcbrated committee @nd hé re- put plied: —~ “Weill, Horace Maynard would be willing to one (hovsand per cent on any article of import. He dou care what the article ts. In niany respect be is ignorant of tue development of thé arts an Bolenves, Lvlag Of there tb the mountains of Ten- nessee, but merely because in early life he embraced Ue novons of Beaty Giay; ie Pe, down to Une day Of his-death, to vote a Japancse Uus country and make it utterly isolated and selneh," Some years ago Maynard bad & controversy with Culow Op some little question which became quicé aniuuted, The Globe newspaper at Washington, tinder the accidental necessities of prompt daily ation, had (o give Culiom more chance 49 oot pocohes im the controversy ti es gouge nd. Maynard has never-veased hat Gay py Up this Little grudge, and perlaps of ii the men iu Congyess he 18 the truest type of a man with- oul & positive vice, and yot without y negative virtue, Prompt in hts attention upon committee, thrifty and temperate in ali porsonal matyars~ex- Gept his resentipents and his iS Resses—thismao by temperament ts least acq: ted with hig age aud ule Of any person now ip Oongress. HA ge jae him ther pldce he now occupies becaise he honght that Maypard would amouhtto nothing Ui Ii aud (hat, after Daweéa, he would stana in the pos jou of @ cipher which, with ever so small s digit beiore i wakes a Dumber, and without &-digit before itis nothing. Maynard’s speeches in enp- port of tbe positions of tho»protectionlays before ihe committee heretofore have been mere re onanmiations of we speeches of Schenck, what Sohonck stated Wil atrength ‘aud liguity Meynard dined @ud rambled oyer, Selug (he ciove with them. londs a tonal life in Washinglou so far as social agsootal a he resides close down to the vol concerted; gato io that fat part of the town whe: Hight desceuda, (he very vats reiraty © because (ley Gan gel Uo Company WILLIAM D. KBE the third man on the mts eo, aa Ye 4 woes le the same pge with May- mard, He is of ffteh a ut, got a ComMnon school “edocauion, read prootsda @ print by was Lice to a jeweller, and car 9 i ae City Of BOSLOD, Where he-tetaiiea fig a) Wate in Boston Keilos receiv of a oie Wilk the dougooFAtic party, be was all the time anreartys fe sentiment of opposition to Slavery whion he acquitted ia Goston, As a avump speaker among Lhe tlemovrala Re wasalways noted for Ais apparent oaragstness, ior that sort of soldi ® zument whier ncver wet an felusi ration, bie down to the mechanical ApPHANGS OOMAS and labored to Bi ve mlormarion wis he wormed out of (oraries. @e thus acquired consideration among promressive peopl: thts uae he was see), gal practice he labored (@ seep the afootic he Quakers and anti: | Slavery folks w ke 1OOk pains to Keep Wilhld the riy. Ofleers and slrewd admixture : pouticut mb moral asperation, He was made Prove. oulng Attorney for the county of Philwdciphin and & dodge oa the bench of Common Pleas. On tue 4u00 of the republican party Kelley aban. Miltattons, ay p the new position Sly. lite od democratic friends de. nounced hini AS a renegade, a mechanic, &c,, Dut ke seemed to hive y apprekension of tie fature tual was aawwine for the nroderate anoiition Bido, aad Me made Ap nes More frequently than eeu an Pniladeiphia, Being utterly estHule Of RUMOr, LucApAvle of tellingan ancedote or indeed. of dang at one, Keliey's grim- ness, heighicugd by) certain facial deformations, which jive @ Ang aud pitlable — aspect to his face, gave him the gotorieiy of being the most earnest man in Peansylvamia. All his Speyones down to Me present time appear to bo grokung utterances of 8 man deeply injured by un- principled coalitions, and solely anxious for the realness of bis couatry and wis fellow man. U this, a peetiy fair jobber ts Ju Kelley, and lus wo} interests fave hever declined since ne en terau Publio ute. Nature has been kind to him in wiviig bin a hard physique, a draw voice and a Oapacily 10 excuse sympatiy, Never company unless Ge fas atl the tals; never on terms of worldly “euse with other men unless he be alowed to state eech, eutertaining tes which he may 31) far ftom being 3 doubtiul object u nifie character runs along, laboring us assidhity, contriving 10 op WEli before tue country th wotoriety, frank- tons of itis Own speeches {0 the nigh and the jJow, te ucav and the distaut, patting hhumeeif in’ iphortons commanication with tha learned a an begs gd ster wit ioral o mgs a ouamuntst 8 a8 much of @ cbaracter a! out Waclungton 48 Boat Hickman or Dante! Pratt. Spperenly dead {nh earnest ali the time, bat really taking fine sights of opportunitics, So {ty ag lus valu nature will permit, doterminea 1 spirit, Invincidle in application, ne is ful of material which he cannot classily and elherilize, and of Knowledge which he can only direc’ according to lus tuterests, pub whith he makea other men sup- ose he hamwdies Solely by couvicuion, | ‘nla man la- bors sohard that he often couvinces himself, for short periods, that Ne 18. ent, disinierested, and yet the dors of the animal will fap out. Under the Sain Of the patient mule we percetve at oral tumes the nature of the fax asserting itself, Keltey’s four articies of pet regard are-pig iron, Bessemer sieel, cout and drags, Personally, he tsa good deal like Horace Maynard, rally gix ieot hugh, Very thin and lank, ofa wiry, grigily inake, wuh a low forchead and a long, sloping lace, one deformed eye, where ‘the red exvelopment looks out in a bloodshot way, attd with a deep, hollow, rumbiing voice waich geens to rejoice 1n golug deeper and deeper, ace cording to Lhe comparative lusigulboance of wit he has to relate. eltey presents Some, aspects which are pecullar. In former timer he met every enomy, great or littia, with counter ban ee now ho seems 10 wish io De alpeace With all, and, even whero fis vanity has poem mast doeply Imjured, ho Is the drat to ex: toad his nant. ‘There are many good traits In the mag anda great dem af selfishness; considerable power of acquisition ppt 0 power OF popularity Ontside Of int staid “Quaker district. On the whole, he fea outtment ot aeeeasen and scarcely a tiia- Ment of natural gent tge™ Kelley's power may be'satd to Cousise in a Tar, vigs recapitulation. Had he a particte of sdientific cha- ravtor, and Iaborod at all to Know Me truta of his posinons rather (Oau Merely co substantiate some original projudice he bad formed, something miche be made out of hin, As tt stands, he 13 the most Doiable. representative of that Mull sertes of Penn- Sylva CONStILUcAGes Which togetirer turn the scale io Presiteutial elections, but which stagly alfect no- uung, uot even themselves, JAMES BROOKS, ‘weil Known im New York city, He 13 a goud look- ing, graceini, pleusible speaking member of the House, without particular magnetism or wuci live weigbdt. He weurs eyeglasses, has a good prone, good head of hair aud iooks not ualike Charies amner or Gieerge Wilitam Curtis. Well off as to hioney, witi'a good soctal position, and ueyer circa. latlug among: democratic folks sufficiently to have ¥ Pronounced reputation either for high or low, je cONtiNULs to Keep one Of the best positions on the dentocratic sule of Hie House, He drives a pair et creamish-yellow horses down the avenue almost very day during the. session of Congress, and all last. session. stopped wtihe Arlington Hotel, much af bbe time with his wile ane daughter. Although at present a Metropoliian New Yorker and a tre- Mendous free trader, dir. Brooks ts an old ine whig And @ native of Portland, Me., whore n@ was orn iXiy-one years ago. He graduated at Watervilie Jollege, studied luw, turned editor, came to Wash- ington as ® DeWRpAper writer, earned @ livell- hood by soratcuing for hewspapers on both Sides of the ocean, and in 18385 got into the State Legisiiture of Mame. The following year he moved wo New kork und put into operation the Brpress, Thirteen years afterwards he went to the New York State Legislaure, aud ue has been several tlincs blected 2, Congress and was once thrown out, At present bess an vuqualuled revenue reformer, be- lieving th the tari? of tne moderate Whigs of twenty- live yoars ago Moved Up Lo the ti On the tari? question and on the question of American com- merce as counscted with the tariy he eral vigorous speeches. On tiie whole Brooks is one of the cleverest men in Congress and one of the Uuree Or (our men on tie democratic side who Weign anytutng considerable in the balance against the tajority party. The free trafers look Npon him with favor, aud Mr. Mation Sands, of the Free Trade League, is often bis guest and fost. Mr. Brooks has some ungovernable qualities, He 1s, however, a firm trend of the newspaper press, and Las once or twice Advised newspaper ined In tie clutches,of Con- gress to go to jail rather than to reance {heir profe:- sion by telling secrets contided to them. It faay be safely said that the Ways and Means Cominittee Cannot go further towards reforming the tarut than Mr. brooks, the first democrat of that comm(tt GUSTAVUS A. FINKELNBURG. ‘ hs poune, man, only thirty-Toar years ol of the flue specimens of German Americal taklog Tank approximately witit Carl Schurz, FreGorick Hasaaureck, Marcus Ottendeffer aud others, was born wjtiin @ lew mules of tne spot where originated Sdhurz, Schurz coming trom near Bonn, and ee neat Cologue. Finkelaburg came to America early in life, got, some education at a me Tata coliege near St. Louts, studied jaw at imcinnal, and a year vefore tug war was admitted to thé St. Louts bar. He promptly turned onc with the Germans, id under Bia promptly put down the rebel mitt! ‘was eiectad 1 the Missouri Legislature. After a re-election he was made speaker pro tem. mn 186%. He has now been twice sent to Congress on the rons and others, Jast occasion the extraordinary 12,708 Votes to 1,360 Jor another German, who ren on the DPrake-Loan ticket, — Fin- Keloburg. 13 @ cool, quiet, unostentatious man, exemplifying the Gerinan virtues, pauences and better capacities. In appearauce he Is rather smal, thin, pale aud vea! hatr, unimposing dress and tine, easy discretion, Ito ts a revenue reformer from the outstart, ‘issourt Democrat, which waa formerly the great number of en fortn, if ine orally KnOWD | Not out of « ee organ of influence in Ht. Louis, fas recentty os sitive editor Mr. Fishback's absence, Mr. jamuel Grosvenor. Jts material proprietors’ repent- ing of ineir gallant fight against Drake and for reve- nug reform, have dropped criticising the adminis- tration, whose craisers they formeriy tackled broadside to broadside, . Bat the German aga Eng- Usb politicians of the Schurz schoo? ‘nave accom: | puree complote State amuesty in Missourt, and on he questions of the vivil service and the repubii- Canization of the taxes they nave not changed, #inkeloburg, is a national man, and it may be that ike many flieoretical free traders, he will some- what modily is positions In consideration of the promipent place he takes before the country. He is @ miarried*inan, ander gvod restraint, and ling many irignds In Congress. HORATIO C. BURCHARD, Mr. Burchard comes irom the district which Eiihu Jiasuburne, Qur present Minisier to Paria, repre- ented so long. He was elected to the last Congress ve six ballots to RU the vacancy oceagioned by Vashburne’s resignation, and to the present Con- 84 he Was sent Ke two votes to ove for the lemoorat. Fe has lature of Rjinois, is & NAtiVe Of Oneida county, New Ws (he occupation Of an attorney at Free- In appearance he York, pk is forty-six years old. @dark-skianed man, about Jolin A, Raw!ins, the deceased 5 He {8 of a bilitous, lymphatic, remperament, a quiet, almost Uipid address, and he came tw Congress tn erfect accord with the men who would reform the riff in the direction of the consumer, Burenard has | > * filled so small & space fa the annals of Congress that the protectioniats presumed at first thathe was one é tute; pscives. On the copirary, he has comnmtted Imaelfin the anrest manner .to reyenuc reform, and at a celebrated djnpor given at Welcker’s about ue year where Horacé White, of Chicago, pre- ded, and there were present many other members | Congress—Burton €. Cook, Michael ‘Kerr, Wii- iam igon, Gustavus A, Finkeluvurg, Jonn B. lay, Of Iinojs; Gen per, Of Misepuri; Samael: BYorsnall ob Com ant aiuy others—-Ae, Bure cbard madé a speech, pledging himself to revenue fear meongurea, ‘ibe protectioniats hope by Yeatment of Burchard, combined with attefopts at euting up & Tow In bis rear and threatening Lim In is own district, to reduce him to suimission, Un- Jess the mau baa been mist: these tactics will Tau. . ELLIS H. RORERTS. 4 Roborta, of Ulm, N. Y,, 18 Lorty four years of age, @ hative of the Empire 5 ® graduate of Yaie Cotlege, and @ printer and editor. He edits an inte- log al per, cailed the Ulica Hevaid, Litde is known = aM ‘ashiigton, ert he is a new man, ex- hat he te a der Hrvigctioaut. ‘lus Greater t at ar ree@ley inverest will 19 sttden nim ap in this respect. The Mac is hat the whole question of revenue reform has ken & pen al ah ¢, and FF. iaine * gigs 2, © IDWOFIY of his mama tee troo Trager, bocatie in out the same ‘tore ann its! (vig red by are our: pte thet Mr, feobects tn his now pocition lb BOW position may Pocseay OF laging tue taxes more Ie tavor of due avo mauy ‘tua eas ta the invorest of the fow. pons Botte, ‘ Kerr, of Indiaba, is a ch Irishman, born in and as at | orous,-desurivutre | Mr. Brooks, the next t1au on the committee, ts | oe Taide sey- | a, and in 1864 he | Schurz and Gratz Brown ticket, receiving on ihe | Hess, With light brown | ene | its controlling mind, Mr. Fishback, and its most | mts eM Aeveral times to the Legis. | | Pennayivania forty-three yexra ago, at Tituaval imow the ca} of the on region, He got ais better schooling at Loutavilie, Ky., and moved acrosa tne river to New Albany, Ind, Learly twenty years ago, where he at once wecame a democratic politician, | and was made City Attorney, and is now under- | going tuspecuion jor Is fourth teri in Congress. Kerr 8 in vad health, and his trionds have several tames supposed that he would not only have to leave Congresa, bat all business. de tsa ali, thin, con- | sumpttve-iooking man, yel with a bright counte- nance and a clewr, imtvospective eye, @ good head, and We 18 One of the most persuasive and beautiful orators. in Gon Many prefer him either to Damei Voorlues orto ex Seuator Hendr as & persuasive, fluent and earnest spoaker. , He Nas always been a moderate democrat, was | one of the earliest advocates of the Rew doparture, alt probably no man on the republican shle of t House, barring partisan necessities, Is more en- lightened, ardent and sympathetic with the best | and most progressive interests of the day, A good | tnstance of this was offered one night at a great democratic diner given at Weicker’s, where, amoung the vo} of the evening, Kerr aileged | that Schuyler Coliax had been on the whole, con- sidering the partisan aspect of things, as fuic a Speaker a3 the democrats could desir To this Voorhies, who is a sort of a rhetorical tnundergust, Made instant exception and denounced Kerr for bis position, ere maintainéd hunself so strenuously that & wajorily of tho democrats present coincided with him, and Voorhies was routed, Kerr is tired Of Congress aud this will be his last term, He ts the most earnest revenue reformer on tho Gemogis side of the House, and belongs to what ts calied the passive school of bis party, He belevea: entirely’ in adil- lating with moderate republicans to beat Grant next | year. Blaine has always had a quiet admiration ‘or Kerr, and he probabiy pni htm on the commit- tee of his own (Blaine’s) suggestions , JAMES Te UROK Beck, of Keatucky, who, it is sdpposed, will suc- ceed Garrett Davis a3 United States Senator, 1s 0a the cdge of ins tifweth year, and is nota native of the United States, but of Scotland, where he was educated. In 1846 he entered the bar at Lexington county, in Henry Ciay’s district, and he ts bow a partner of ex-Vice President Joha C, Breckinridge, iy aging the logal braits of the office, while breck- Inridge possesses tue manners. ‘Beck is a medium- sized, bearded, sober-looking man, with a good income and love of horses, and a remara- able power of Hie Pleading, He is one of the tour or five leacting democrats of the House, takes a higher social postiton tha® most of thew, and is capable, under due development, of becoming & fine national statesman, Ia four or five yoars, when the old bother, stavery, 18 forgotten, amd the success of the country has put. Bay revival of yecent issues ont of the question, es luke Beak wail probably be found in the firet rat pins Such is a faint ketch OF the persons who aro to suggest, debate and syeport to: esa the methats of raising Tevenue by taxation and customs for some time to come, It ts probable tat the be- giuniug Kelley and brooks will be (he best informed Moy on the commmtee.” lt course Of ‘time Dawes, Reck and Kerr will catch up with then and be-the live weights, The weak sisters of the gomumitico } are Maynaraand Barchard, ia ted ne : ny, THE PLEASONTON-SOUT WELL: IMBROBLID, The followl}ng~statemeént ‘by Gerteral Pleasonton Gi bis troable with» Seoretary’ Boufwell has been bronghtLofore the Senate-in secret seasion;— * « by the Preaident on the 8th day of Augusc, TSii, Groma exergistg the fwuctions of chat mee AS" Ob the 8th of Jane, 1671, previous to this suspension. the wudersicaed iclal letter to the he United §! ch is enclosed, in this letser the {| pt Congress, ap, ‘oved July 20, 1858, and to. the especiai, | traorditiary’ and independent’ powers. conferred pon the | Commissioner of Latetuai Revenue there :—Thatall power to assess and collect, all power to enforce, are given by law to | the Coinmissioner ; tbat the most comprehensive powers | Conferred upon a civit officer are deegated to the Ci sioner, in 90 far that he fa instructed to disregard tnju | of Coulits, wast to exerclaa aimost despotie auinority « officers And over brought within the scope of the Revenue These assignments “of power are made directly t) the Cownmissioner, ‘he President was also reminded that, when this law was passed a wade gulf Beparated the logislative from the Exeoutite administration ; | And it was intended to couter upon the Commissioner inde- | pendent authority, to the end that his action shonid not be sub- | Ject to revision and anoniment by the Secretary of the Tress. | Bry. | He a charged almoat in the language of the coustit | bon to see to it that the jaws be taith! executed. He } to collect the faterna! revenue, lo aid. in the prevention, de- | tection and punishment of any frauds in relation thereto; to $xainine into the eMcency ant conduct of all. oMecers of in- } ternal revanuo; and for such es he has power to ex- } Stine all p and premisus, to | admluister oat sun persons to produce bodks, | to be the trustee of ail real estate set of or conveved to the | United Gtates in payment of debts arising under the laws | relating fo internal revonue, and of ail trasts created for the use of the Unised States 10 payment of such debis, ‘With such ap array of extraor eective administration of the oftice. The Presi al therefore earnestly solicited to determine ana to decide the | scope ch authority conferred upon the Commissioner by This act, in connection with that of the Secretary of the ‘Freasury, bo that it-might be understood how far the Prest- ve empowered with au- thgfity in respect to all the administrative processes of col- lecling internal reveunte through the oifice com: dent desmed the Commissioner ited to bis Pi Loralive interpretation of the law. ens ent and guidance of the Commissioner of Inter- e-—an appeal rendered heceasary and imperaiive, in consequence of the disregard and violation of said jaw by | the Secretary of the Treasury in the transaction of public | business with the Lateral Revenue Bureau. After its re- ceipt the President proposed, ax a solution of the question, In | @ personal interview with the undersigned, that he shoula vender his resignation aod accept au appointment to a foreign mission. . | To maktng this propomtion the President was doubtless ac- | tuated by the Kindest considerations; and the undersigned, who wotild have been glad to have relieved the ’resitent of embarraxsment consistent with hia sewse of duty, imme- Giately expressed Lis willingness to resign his olfice, but sated at ihe same time he could not accept any otber position so | Jong as the question of iaw at issue should remain tndecided. | The President then requested the undersigned to call upon | Secretary Boutweil, and ip bis name ask the Secretary to | state bia points of diterence as regarded the act of Congress | approved July 20, to wee if the diverence of viewa be- | tween tue bureau and the department could not be recon- ciled, and report the result to him. | _ ‘Ibe undersigned presented the request of the President to | Secretary Boutwel!, wno paid no attention to it, but abused the administration of the Internal Revenue Bureau, and stag- matized it as a failure in the bands of the undersigned. This was de! jndielment for error, df-any ex. terview was reported to the sted to have the q adviser for decision e7 ress. a. dent, and he was | submitted to bis I jons they affected To strip the Internal years’ growth ana adding tbem to sa oftictal whose hauds are more than fail already, ts the dug of Congress, not the Secretary of the ‘Treasury.’ To this rp- guest do answer was received; but on the 7tb of Augu 1871, General Horace Porter, private secretary of (ue Presi: dent, called upon the undersigned and stated the President dented him to tender his resignation, ‘Ihe reply to request, dated Angust 4, 1571, is enelosed, marked **3."" Th | President, upon recetvivg this reply, returned it to the unger. signed by’ General Porter, with tue reayuest it would be with- drawn, and a letter of resignation tendered, when a compll- menta"y letier accepting it would be returned, ‘The undersigned cculd not t 4 complimentary letter from the President under » and comra nicated through Geueral Porter, to the President, bis deci- sion. His suepenston followed the same day. | at will from this statement that, in | consequence of the usurpations the Secretary | of the T 'y of the powers conferred by law upon the Commissioner of Internal Revenue, the latter ap- | Beale’ tot lent iar bis decision aud action to enable i law, ‘The President fatied to give the Nssioner the proper support in th but suspended bin from office, ther yeu wurpation Of the powers of the Internal Ri urean by the Secretary of the Treasury. Great powers are conferred by the constitution upon the President to enable him to enforce the faithial .execution of the laws. But no | power has ever been conferred upon the Presid Other officer of the government to increase, dlmin! | or cha the powers of any ies cre | law, the powers of which are deuned vy ti game. Thes powers can only be altered, changed 0 | transierred by the powers which created them, viz.—-the Con- | gress of tne United Sta bis is the great fundamental | pri ab nt. ‘The people by their rep- and conier the powers, ign «oes both, ed that the Secretary of the Trea usurped the powers conferred upon the Commissioner terval Revenue, in section 49 of act of July giving orders to’ Supervisor Vreabury, of the reat, to proceed to Baitimor alleged wh frauds necessary ra to investigate the erforming that duty. the Secretary of th ‘reagury usurped the powers conferred pon the Commisstoner of Internal Revenue, in section 50 of act of July 20, 1868, iv direotin; Supervisor Preabury to employ as detecuve William 2. Wood, of Washington, to ald him in the discovery of fraude on the Soternal revenue in sllicit distillation in Baltsmore, Md,—this | without the kuowledge or conseut of the Commissioner of | Internal Revenue, and when he had the proper officers en: gaged on that duty; the Secretary of the Treasury at the | Kame time authorizing that $5,000 should be paid to said Wood: for bis enrrices—thig Willlnin. P. Wood. being fhe same individual wo pabliciy red Secretary Bout- | well, in a letter dated August 12, 1868, wilh Luv ng attempted | to bribo him with $25,0u0 to give certain testimony im the ™ t brial of President John med that the S y of the Treasury immisaloner of In- f the act of 1#63, in made by IF. imedjhat the Secretary of the Treasury ferred upon the Commis- by the act of July 1, 1665 to al revenue taxes, when ha te jurisdiction over the decision of | J nuapended the collection of the tax lerest coriiticates issued by the New York Central Kalitoad Company, amounting to $1,100,000, afver the Com- Noner nad ordered its collection, helt {6 claimed (bat the Secretary of the Treasury ysurped the powers conterred upon the Commutsaioner of In ternal Revens when he claimed to have the power to rend apers ng to the Internal Revenue nd aid 4 for the same, witbout the know: of consent of said Commissioner—this, when Mr. | George 8. Boutwe ry of uneet. tled accounts to a targe int ve inour: red when said Boutwel) was Commissioner of Internal Kev- enue; and which une jeorge B. Houtwell an improper and unauttaple person to empowered {0 send for persors or papers Delonglag 10 the Bureau of Ipternal Revenue, without te couseut of the Commitesioner, Sieh—lt fe glajmed that the appoint d accounts rendered the said nt of James W, Dougias, as Acting Commissioner, on juspen ston of the Commissioner, wae in, vipiation of 18 of the wot of Augast 6, \ei6—the sald Dow fh the Qollector of, the Wiheteenth Internal Re of Peon. ‘Wanla, at Erie, when some ine thous ra ore, embezyled from. the funds’ ine gh a the year 1864, aud from thot Huse up to the day ot bie polntment we Acting Commissioner he had never pi rocounted fi Tang cee cl le Wenn i posed of or i ie rh @ Seopnth—W ened at, 98 " mulastoner of Feported to wensasny ary Boutwell, weil of the a Boutweli's foun! vorted opti a] if rile fa the hi Maternal Revenue Pi oo of Intern: uch exam{nation mac was ln ofice, (bat he issue | \ NEW YORK HERALD, SATURDAY, DECEMBER 9, 187L.—TRIPLE SHEET. it be qnecesaary to 6 jiah the facts No such examination was made eruthia che knowledge directed the law Yoternal to governing the fevenite — ditr- uty of which ot ‘not authorized by and complete execution tice of “ommitsst ing bis. term of service—ibe wrae to reimin dhe ung and prevent the wera of autaority of the oMlee by [iw todo s0.. This was considered au imperative oblixation, uch aoasthatof rematning with one's doa Abe fed of batt In the presence of an enemy. President of the United states baving failed to give a | aecision or in- iettel to do ao, the under- ela he has faltilled to the premises ta a ied teottue: Bencte to gecide If be was bat right in resis fe ‘all assumptions‘of the powers of his oflice bY the Secre- tai othe reanury, and. Whether such resistence wae @ by sion, reapect, Proper CUNO (OF MN NT TUEASONTUN, Coumssionse, Waswinavon, Deo, i 1871, terpretation of the Law, when sighed fe INTPRNAL REVENUE BUREAU, WASHINGTON, June 28, 1671, fntment I have for some time held jo execute the duties of the office of ternal Revenue. [n the discharge of the law Lam gure I haye endeavored, the conatitution aad the olllce re- quire at my han 8, sf ‘tis, pork amoral Oe eres, phonid arieg soy ren th were actual jn tne Commissioner ; i the division of powers between the Boorekary 6 aaty Kod the various bureaus of that department of xecutive government, it ty lardiy it there AL} iReAsumy reece” To Tue Prat By favor of your a) and sought faithful romisstoner of fa duttes imposed upoa me by with all Sdeity, to do what u oenible that Showid not arise more or leas confiict of wuthority in thelr practical administration, It is admilted that the law has Ureated independent ofiices within the Treusury Department, dnd has given to persons therein, of your appointment, ex- ciusive jurisdiction over cortain maiters of admfnistration, ‘Theae may be indicated by the fact that they ave of your ap- pointment, contradistinguished from ordinary employes. Tooment’s reflection will suggaat how necessary and proper ts this acheme of creating such ofices, in order to insure tho futien and tue safety of the puolic iu- orderly diseuarge of rest teres are three nd departments of the government created by the const{iution rtself—the E: ive, the Legrala- tive and the Judicial. The Exccuttve Departinent embraces ‘the Treasury, War, eq) Taterior, the Post Office and the of- fon of AuoRhey General. * ithil these: several offices eas ere divided and oonterred upon various bureaus, ‘That of Internal Revenue {a, by the act of 1852, placed withtp the office of the Secretary of the Treasury; and whether we consider the variety und ronge of the powers conferred upon it, on, the extent of the ublic interests {nvolved in tts adminisira tion, ft fs certainly fhe bettas the most important. bureal ollce of the govern. ment, Thia fact makes it mportant, in the last degree, that it should secure business capacity, heriy of conduct, and uniformity of administration and decision on the part of its cnief. It is an office created by Taw; tt would therefore acm impossible that its legal powors ahould got be under- ood, ra competent. for Congress, of course, to make its own aignments of powers, pycat Wein example, an act axthorized the Third Auditor of the Treasury to take. exclusive jurisdiction of a certain class of claims and to determine tae amount dug to individu. alstherson. That aot d the processes Of adjustmeat through the First and a Com to tha deoision of the Third Atilitor, and continued in force till old syatem of Treasury adjustment of balan ‘That system, by the uniform practice of tae, Treasury, was uriadiction upon the Comaptralier, President Jackson, 1a aaid:—“The decision of the Comptroller is Snal, over whose decisions the President baw no power, except by removal,’ President Tyler, in 1341 Polk, to ‘end Fifimore, in 1850, sald the same thing, ‘So it must be conceded that it isdn the power of Congress, to confer upon biueau officers, or upon any person within the general jurisdiction of the Treasury Department, inde- pendent administrative facuities, ‘The question now recurs, UWhat powers have Congress conferred, of this nature, upon the Commissioner of Internal Rerenus'? ‘The act of July 1, 1882 created the Revenue Office “in the Treasury Department,” and authorized the Prestdent to ap- int a Commigsioner’ “wiorshal charged, r the wti- Fectton of the Seorstary of the Treasury, with’ preparing all the instructions and regulations, directions, forms, bianks," &g., * * “which may be necessary to fect, and with the general etiperintendence of his odice as aforevaid,” &c. It uw thus rean that in respect to the pro- gesseg of the oiliee, the preparation of blanks, Se.—the put- tiag themachine mato operation—the Commissioner is charged to do certain things under the direction’of the Secretary of heid to coafer exclusive the ‘Treasury, The oilice is a ‘coliector’s office, It has no disbursement powers—it {s simply charged to collect internal revenue. In the procesves of colleotion numerous persons are employed, ailot whom are charged to report their doings to the Cur missioner of Internal Revenue, but to pay over the mune; collected to the Treasury. All power to assess and collect, ail power to enforce, are given by law to the Commissioner, By the sixth sectlon of the act of July 20, 1868, the Secretary of the Treasury, on the recommendation of the Commissioner of Internal ‘Revenue, is authorized to appoint for the internal revenue service twenty-tive oflicers, called Supervisors, and the Commissioner I wsaign” them dis- tricts, desfznate thelr placos, fix thelr salaries, aad then itis declared, by said uct, ‘it shall be the daty of every Supervi- sor ot (nternal Revenne, under the direction of the Commia- sioner, to see that ali laws and regitlations relating io t coliedion of internal taxes axe faliafully executed ant com- plied with,” Then follows the delegation of the most com- prehensive powers to the Commissioner ever co & civil oflicer, insofar that he is instructed t Junctions of courts and to exercise almost des over his officers anc over persons brought w: of the revenue laws. These assignments of power are made directly to the Com- missioner. Its proper, in this connection, to remind you that when the last mentioned iaw was passed n wide ga: legislative from the executive administration intended to conter upon the Commitsgiouer ‘in: authority, to the end that his action show.d not be subj revision and. amendmen: by tho Secretary of tue Treasury. He fs charged, almost in the langnage of the constitution, to eee to it that the laws be faitafu'ly executed. He is to collect the internal revenue; to aid in the prevention, detection and punishment of aby traits ia reiation thereto; to examine into the efficlency and cond of internal reyenue, and for such purposes be hi examine all pers Ks, pavers, neconats and premises to ndminiater oath: Any person to produce books to be trustee of ull te ket off nveyed to the rthe laws re- rated for the use jo summa: I real esta By the act of ly, 1998, not from—the Commissioner to remit, refuna’ and pay buck taxes erron- eously or illegally assessed or collected, all penalties collected without autnority, and all taxes that silall appear to be uo- or excessive in amount, are authorized. a a have beea made tothe Com: letermi! jon thereof. By the act of 2d of March, 1867, tt is declared that the Com: missioner may, by his own warrant, allow any oflicer of internal revenue to seize any property, and when so author- ized, the act clothes him with “all the power conferred by on Collectors. Thave referred to the foregoing array of extraordinary ad- ministrative powers not to magnify the oflice I hold, but, to some extent, to bring to your min| the legal constitution of the Internal’ Revenue Bureau. It de matble wot to see that it was the intent to confer upon the Bureau certain independent authority so as to enable the Commissioner to secure prompt, uniform and effective admmitration of the office. 1 repeat that it is an oil'ce for the coliection and payment into the Ireasury of internal revenue, 1t is within the general office scope of the Treasury, and in go far as thedaw confers power upon the Secretary of Ihe Treasury It 1# subject to his direotion. An examination of the several acta constituting the office will show that in respect (o quite all the powers conferred upon it, 80 far as theassesament and sollection of revenue are concerned, the authority ot final decision is lodged with the, Commissioner.” it 11 properly a part of the common ‘Treasury, becatse the Treasury is the depository of its incomes, and, its payments back of money should be subject’ to the final action of Ms acconnting officers. The Appointment of its mmor em- plo ‘ould be referred to the Secretary of the ‘Treasury, use that office is a part of the constitution of the execu: tive government, yhich is the architect and builder, but not the ocertpant, of Yao bureai T respectfully maintath t Jaw, except in 60 far as the law itself confers appellate juris- diction from hfs decisions upon the Secretary of the Treas. ury, has the right to determine for himscif all matters of ordinary administration tonching the assessment and coll tion of the revenue, under the “instructions and regulation: Adopted by the oflice by thedireetion of the Secretary of the reasury. T beg, therefore, that you will for yourself determine the scope of my authority in connection Wwitu that of the Secre- tary of the Treasury, so that I may understand how far you deem me to be empowered with authority in respect to ali the administrative processes of collectmg internal revenue through the office of the Commissioner, T need not assure you that {n submitting this matter T a1 governed by no ambition to assume the discharge of duti gned 19 ine by the law: ont that by your decision may avoid dificulties, and thus the more effectively adminia- ter the great oflice I bold at your bands, With great réspoct, A. PLEASONTON, Commissioner, TREASURY DEPARTMENT, OFFICE OF LOMMI8- } SIONER OF INTERNAL REVENUE, Aug. 8, 1871.5 To THE PRESIDENT: — In Anawer, 10 your request, | transmitted | throngh General | Fortor inst evening, that I ahold | tender My resignation of the office of Cominisstoner ot Internal Revenue, L can only reply that under ordinary circumstances nothing would give The greater pleasure than to accede to any request you might make of this kind. But the cause for making this request w: lew by General Porter to be the difference existing bet the Secretary of the Treasury, ir. Boutweil, and myself, as regards the government and management of the Internal Revenue Bureau. Mr. Bout- well claims powers which, under the laws of Congress gov- erning that Bureau, are vested solely in the Commission ‘The question is, therefore, purely # legal one, and the prec dents of our government bare been to have suob questions, when appealed to the President, referred to the taw officer of the government for his opinion, and upon which. the Presi- dent would base bis decision. ‘This course was puraued by Previdenis Jackson, ‘yler, Pierce, Van Buren and others, and bas been the uniform practice of the government, Knowing these facts, and beilev: this to be the proper Way to settle any difference of view as regards the law whic! might exiat between the Secretary and the Commissioner, addrease:! you a communication some time since, making an Your decision of the powers of the Comm under the act of July 20, 1868. Tule appeal, as Fun it, isnot to be entertained, but the subject is to be treated eee ata personal diference between the Secretary and myself. in this connection, at the Commissioner, under the if granted for vindicating evenvie Burean. In justice to the public interests placed under my charge, and the importance to the taxpayers of a pfoper soiution ol these dificuities, T most respectfully deciine to tender you m resignutio ing it will not be deemed inappro- priate, eat.that your present determination y an investigation of the matter of ms dillerence vetween the Secretary aud myself be referred to the {Attorney General for his fegai opinion, With great re- spect, A. PLEASONTON, Commissioner, BROOKLYN'S MEOHANIOS AND TRADERS, An Apprentices’ Library To Be Formed. The mecnanics and traders of Brooklyn, whose success in forming an Exchange for the transaction of business is unprecedented, have come to the con- clusion that their. city should possess an Appren- tices’ Library, and to this end are moving vigor- ously in the matter. The following clroular, calling attention to this important measure, was issued yesterday among the Assoctation’s fiye hundred and more members, By re Rented much of our sister tf's wealth and resi nity on areguiar meeting Hint members of the Mechanics 4 Traders’ Exchange, held on Tuewiny, December {he report of tho Committe on Appr tices’ Library and Bohcol was adopted, with the follow Hon: Resolved, That the formation of @ libr commenced ecu’ ine press, contributions “of books from our cltixens aud that, owing to the lateness o} Proctor st ie ‘sensor Te deferred untl neat season. bart oF (ale sencese RDS, oceans is sector Meceasnry to enlarge pon whlch ere certain 10 poued the apyremiioes, Library the wore on Tmechantey ‘ane aud aciences ‘and wach and miscelianeous works ap will fusiruot and to secure books Le ecaattacte ‘aud the puyliec generaliy arty ot the. H, HARTEAU, Urostdeat, a through ‘tne press, contributions of Toe season the of meceanar; e benefits bes from {ts aoption. wy to are requemed to tise thetr Influence among frienda {the Assoiation, Bhooeun 1 Deo, 7, 18TL ~ | Young man, trained In this school | thought it a good thing to ges $1; - JIM IRVING. Close of the Trial—Waiting for the Verdict. DISAGREEMENT | OF THE JURY, Nine for Conviction — Three for Acquittal. JM STILL OUT ON BAIL. ’ Yestomlay the trial of James Irving, ox-Agsembly+ man, for an alleged violent assault wpon Deputy Marshal Dowley, was resumed in tha United States Circuit Court, before Judge Benedict. The interest which has been manifested in the proceedings duc- Ing the last two days had not at all diminished. Tie court room was crowded throughout the day. Whea Mr. Pierrepont, on the part of the government, rose to sum up the evidence ATTORNEY GENSRAL AKERMAN entered and was accommodated with a seat.on the bench alongside Judge Benedict, He remained dur- ing the entire of Mr. Pierrepont’s abie address, and also while Judge Beneuict was charging the jury. Mr. Pierrepont, Mr. Davis and Mr. Purdy con- ducted the case ou behal/ of the goverament, and the defendant was represented by Mr. Yallerton, Mr, Charles Donohue and Mr, Charles 3, Speavore TESTIMONY FOR THE DEFENCE. One or two witnesses were called, and, on behallof the defendant, they gave testimony somewhat similar to that reported in the HaRaup of yesterday. They stated that they knew Irving well, that they Were present at the row opposite Geoghegan’s pul lic house when the Deputy Marshal was assaulted and that they did not see Irving take any pati what- ever in tho affray. SUMMING UP FOR THE DEFBNDANT. Mr. FULLERTON summed up the evideuge lor the prisoner, He said that, in discharging bis duty to the defendant, he was bound to ascertain what kind of tegtmony, was given on the part of the gov- ernmeat, fe attacked the evidence of Bernhard, anf said tho jury were to ask themselves the ques- tion whether Ne had drank gnytiing. Counsel had to ask Bernhard the question whether ho had taken any drink on the night in question, not ior the pur- pose of injuring or degrading him, but tu order to test the condition of the uitellect of the man on whose evidence the governmeat sought to consign the defendant to the State Prisou. Counsel insisted that there were great contradictions In the testl- Mony of Bernhard, who first stated that he did not @rink anything at all, but, upon being pressed, ad- mitted that he had called at four or tive places on the night of the occurrence and drauk two or three glasses of lager! beer, though it was sworn by O'Brien that they drank at four or five saloons, Ifa man were to be deprived of his liberty, he would wisu such a deprivation to be made upon the evidence of @ witness Whose vreath was not impregnated with the tumes of lager beer. Would they convict a dog on such testimony? He was glad there was such a thing as trial by Jury. it had been very properly called the palladium of our liberty; and wn tlis coun- try and tn this age of enlightenment he was very willing to submit questions of tact to the determi- nation of jurors; for tere were no men, vo matter from what class they might ve selected. who would not fairly decide questions of 1act when they arose for thetr consideration. ‘Ihe goverument sought to commit Irving on the evidence of three men, Who were unacquainted with him, Couasel argued that the jury should not discredit the testimony of Hagan, who appeared as a wituess for living, because be was Irving’s political ally, He adunutied that he was once gulliy of intoxicarton, and he (Me. Fuller. ton) believed that it he were to ask all those In cout who had only been once irtoxt- cated to step outside, he feared he wou bave to speak to empty walls. (Laughter) [ Was true that Hagan received $1,500 a year from the Comptroller's oMce for doug novi ‘That certainly was a great wrong. It was an oujrage an the part of the person who employed nin, ana it was also an outrage on the taxpayers, bonnset doubted If there was in this great city, depraved as it was, @ single man who would stand up and make an apology for such a wrong as that. Tagan was a oF politics, ana @ year for doing nothing. He did notgstop to imoralize on it. Many @ better man” than he received $1,500 @ year without earniug it, and the fury should not hesitate tZo believe hita because he stated that fact, Hagan did not hesitate a mo- ment when asked the question, He seemed to be ashamed of It and contessed it at once, and that fact ougat to commend his evidence to the favorable attention and consideration of the jury, and though they might Ce Uke of the act, they must believe the man, Mr. Fullerton went on to argue that the testimony of eight witnesses produged for the de Tence went completely todo away with that of the three marshals Whose evidence was of such a char. acter as to be wholly utreliabie in @ court of Jus luce, Tne evidence was that the man who struck Dowley was a tall, poweriul young man, with a black “mustache—a description that did not at al correspond with Irving. The jury were vo forget what Irving had been heretofore, if he had been anything but a good citizen, which was not proved, They were to forget oan that had been said in the progress of the case to his detriment. They Were to treat him as a mam and .@ citizen whoso liberty was imperilied, and they were to deliver him fromthat peril if, on the testimony, they velleved he had not committed this crime. At the close of the learned counsel’s address tho Court took a recess for fifteen minutes, SUMMING UP OF MR. PIRRREPONT FOR THB GOV- ERNMED Alter the recess Mr, PIERREPONT summed np the case on the partor the government. In the first place he catied the attention of the Vourt to the law beartag oan the offence of obstructing, hindering and assaulting deputy marshals armed with United States process, and submitied that the question to be decided In fnis trial was not whether irving had almost beaten Deputy Marshal Dowley 9 death, but whether he had obstructed, nindered dr assatiited the marshal in the performance of his duty. It was also ,@ question whether officers armed with the authority of the law were to be trampled down by Tufians aud sprinkied with their own biood. Coun- sel then proceeded to comment upon the evidence, the main point of his argument pemg that Irving, after having committed the assault apon the officer, hurried to his carriage and cleated out trom the scene of the outrage a3 greedily as he could. Coun- sel said that if any of Irving's friends were told that irving hingself would run away from a fight they Would scot at the person who go informed them, He charged that the evidence of Hagan, oue of the witnesses for the defence, was unreilable, and that this man had committed ‘a shameless act in taking the pubilc money, as he Nad admitred he had done, without earning ‘tt—an act of robbery upon counsel and upon every lionest man ip the community. It ‘was time that crimes of this kind should be stopped, The victory that nad been recently gained in this city would be without its legitimate effect if ruManism were to triumph over law. Buta just jod had saved them from a time when, inall proba. lity, biood mighthave fowed in the streets and the property of nonest citizens been desiroyed; bnt events had shown that there way yet ag in their government to live for. In this case le had n0 doubt the jury would do tueir duty as honest and conscientious men, A THE JUDGR'S CHARGE Atten minutes to three o'wyock Judge Henepror charged the jury in a brief, clear and impartial manner. He directed atiention to tne Jaw pearing upon obstructions to marshals armed with the pro- cess of tho United States. The pumshment for such an offence was two years’ imprisonment and a fino not exceeding $8,000. ‘The. de- fendant was presumed to be innocent until the contrary was proved, and in-this case there was no question, of politics or party. It was simply a question of fact to be decided by twelve men, There was no legal point tn dispute, and on the present occasion LY would not depart from nig usual custom—he woulll express no epinion of its own, one Way or the other, but leave the jury to be 8 O the fact. Minutes past three o'clock the jury retired to consider their verdict, Iu ‘two hours alter (hey returned into Court. . The OLeRK—Gentiomen of the jury, have you agreed upon a@ verdict? The FoREMAN—We havo not, The Jepax—I do, not feei at Iiberty to cliahad you, gentlemen, Without further consideration, fl yor ree to a verdict I will receive it as late ag ten o'clock to-night, If you agree at an earlier hour (han that, 1 sivall come here if the Marshal will notify me. The FoREwAN—T am requested by some of the Jurors to state that there 4s no posatbiity of an agreement, ' The JuDGE—I cannot discharge you without far~ ther consideration. You will be good enough to retire, The jury thon retired. itr. brivonn Appliod to the Corirt for leave for Mr. Irving to go ont with Deputy Marahal Robiason to § some refreshment. Mr, lanied ( relations with epnty an larshal Rovioson were of a more friendly cordial character tian they were with other deputies, from whom he had réveived noting vut rudeness, Marshal SaRnrs—What is that? Mr, SPENCER—No redection on you, General, 1 adinit your courtesy and bravery; bull am not golag to be put down by smail tnauits. Mr. Purpy submitted Pe was a aurrender of the ball if Mr. Irving shomid leave ater the jury had retuwed, MC. SPENCER sald thedtt would. orobably, b9 bet fematn in the bittdtay wer for We con id Dave brought to Ulm, At fve 10 fen O'ciook last nigh " Renedto ayy nour te wate wor may Re tors ih Gon pare pO ged on alf of the gove: it, With bis cou L, Doneune, ecacer end Willi) paseo te 4 Braoneat-=-Rring in th Jar. Tes oem Waar oeeae cree blightoat, he JuDGB—I would keep You togerhor if it | opinion of any of the jurors that a longer +» would enable you to agree—i itis opfiat yt #8 — jurors tbat a longer consultation w a use, A Joxon—I do not think there ts any posetuitt an agreement; | do not Uunk that any lengt thne in consuiration sould enable us 10 agree. Po soca We ask that te jury play be ed, Mr. Svanomr—We do not ask anyciing; that mains with the Court, The JvuDGE—Of course. I wonld keep the j together ponger if there was any chance of agr Ment, in order to save expense. and: the laper another trial, The tssue Isa simple one, The j1 having been so long together, and the forem having stated that aes consideration. would Of no avail, [ discharge tae jury. Mr. Srgnosk—Tio vail of Mr. Irving stands, supposer doe Jopax—I presume so. HOW THB JURY STOOD. | Alter the jurots were discharged one of ttien Stated, but not in open Conrt, tn reply tO a questioa from @ tawyer, that they stood mune 10° conviction and three for acquittal. Whea Jin Irving was retiring from the Court hé received the congratulations of his fricnds, 1¢ not unitkaly 5 the government may put him ups trial agatu. Kor the present Dis bail mpeniie. 620), and thus far bas p: led the vow celebrate’ cause of the United States vs. Jim Irving, eg tis PURADELPHIAS FINANOIAL TROUBLE. The Businces of the Cy Troasnry Sse ponded—fuvostigation nad Keport of the Grand [uquest, PRULADSLPHIA, Deo, 8, 187k. Inanswer to tho tustructions given yesterday by Judge Parson, tn reference to the present coutret of the city’s money, tne Grand Jury to-day made toe following presentment:— To THE HoNoBADIB THR JUDGES OF THE CouRT OF OYEH AMD, TERMINUR AND QUARTER SESSIONS OF THE PHAGE FOR THR Ciny AND Couary OF Puiwa- DELPRL Tao Grand Imquest of the Commonwoalth of Pennsylvania, inquiriug for the city wand county of Philadelphia, in accordance with instractions row, your houorable body, to inquire into the manage- ment and Perhaé of the Moneys belonging vo ite city of Philadelphia, beg leave to state that thoy kave examined witnesses, and find that all business ef the office of City Treasurer is suspended, no persoa boing authorized to reocive or pay avy moneys for account of the said city, ang, owing to said suspen- sion, large sums of money belonging to tne city of Teiacepnie have accumulated in thé Nands of the cbte! the various departments of the sity, atly in excess of the moncy for which bonds ave been entere sata departments. Such facts have been presented that the Grand Inqueat are. of opinion that those whose duty it ts to provide for the management of the City Treasury and safely of the city funds have beon derelict in their duty, And are cenaurable for such Pebeor iit? whoreby the clty fdnds may be endangered, tho citizens sub- baa to inconventence and loss, and the credit of 0 city impaired, And thé Grand Inquest suggest hat your bonerable body will make such provision or va karl oF ee oy fands as in your wisdout ou deem advisable. " WILLIAM 8. CONNELL, Foreman. The Treasurer elect, Peter B. Widener, cannot assume the cuties of nis oMlce anti the ist of Jaa:~ uary next, and Judge Paxson will, therofore, be obliged to make some'provision for tha sate keeping of the clly Moneys uutil that time. THE “JAMBOREE” OF THE THESPIANS. TO THR Eniron OF THE HERALD:— Seeing a paragraph tn your paper, hevied “The Actors of the Thirty-foarth Street Theatre on @ Spree,” in which it is stated that 1 had veea ar. rested on @ charge of larceny, I wiits so request {hat you will insért the following stavement of facts, and thus correct that falsehood:— Misa Hindie, her dressing maid und two others were iu the restaurant connected with te Thirty fourth, stceet Theatre last night, about eleven be » After partuking of reireshments the two rienda departed. Miss Hiudie, missing fer dia- mond pin, wna suspecting them of Coramli tng the theft, requested me to havo them arrested aod searohed at the police statton. Tdld so, and tu- stead of bemg the “accused,” am “ihe accuser.” Respectiuly, ; LOUIS G. KNOX, Oaly Oue Thespian Interested. To THH EMTOR OF THE HERALD:— Seelug your articic in Friday morning's paper we wisi In defence of the members of the Thirty-fourta Stfcot Theatre to say & few words tothe public in regard to the unfortunate aftate of the night of De- cember 6, which occurred one block from the theatre and one hour alter midnight, Permit us to state that there Were NO membors of the company connected with the affalr but Miss Annie dinule, Qud she with her friends was unfortunately tha cause of the atticle inserted, Allow us tu assert im behalf of the manager that there is no bar in this theatre, aud gur audience is composed of ladies aud gentiomen, We, the members of the company, ‘will consider ourselves under @ thousand obliga tions to you by your publication of this artici¢, and tn adaressing tls to you consider it a duly to our. gelves and the publi We remain yours, respect. fully, “ Harry Leslie, hero of Sa Eph Horn, veteran thiopian; Re H. Mills, D. EB. ‘tufly, 8. @, Knox, Guy rothers, F, Maynerd, Harry Thora, im Devine, H. Hagerty, John Momitt, Hannah Birch, Lillie Ber- tine, Mile. Nella, Mile, Lea, Lizette Bernard. NEW YORK STATE ELECTIONS, Result of the OMcial Cauvass. ALBANY, N. ¥., Deo, 8, 19TL. The State Canvassers will declaro the resuit of tas late elections as follows:— aoe of State—Soribner, 837,119; Willers, 3, Comptroller—Hopkins, 397,703; Nictiols, 367, 127. Treasurer—Ratues, 386,500; Bristol, 266,516. ae Commissioner—Barkiey, 337,906; Cuapman, weauruey General—Barfow, 387,072; Champlain, 7,754, Inspector of State Prisons~Kirkpatrick, 337,359; MeNell, 965,650, The aggregate vote cast was ater than ever before, except that for Governor in 1368 and 1370. The democratic yote was the largest ever cast for Secretary of State, and exceeds the democratic vote of 1869 by nearly 40,000, Tne republican vote ex- cecds that of 1870 by 20,000, and has never been ex- ceeded except in 1868. The republican.vote in tne city of New York exceeds the coe vote ever cast by them there by more than 11,000, and the aggre- gate vote in Now York city bas never becu ex- ceeded except In 1868. The anu-dramshop vote ts 1,820 and the acatter- ing vote amounts to an average of litte less than 000, ‘ ‘The canvass of votes for State Engincer was not completed up vo this evening, ANNUAL BUSINESS MEETING OF PLYMoUTa OHURCH, The annual business meeting of Plymouth church Was held last evening after the regular Friday night service, Reports were read by the chairmen of the Various committees, amounting to the following: ‘Tho Rev. Mr, HALLIDAY, Mr. Beecher's pastoral assistant, said thet during the year he had visited 2,341 persons and attended services. He had had no pe ip the church excepting ee eretag oa Mio “Kept pdaart re A Nn Ly him. He it conatant Apntiencons by oe Mr. Beeoher ysed to have, and he knew that acl givell away thonsanda of dollars, not velng able }o Investigate, and often the donation had been bet- ter burned, (Groan from Mr, Beecher.) Mr. [allt 95, nnouncéd that he was at home at nive o'clock yt and {rom twelve to two and five to sever o'clock P, M., aud ready to attend to all appilca- tons. he Maso Committee reported that the salaries aid to soloisis aud director amounted to $7,000. 6 Organ eoucerts ot 1870 and 1871 amounted ta proceeds to $1,741, ali of which was ased for coo. rt purposes. Organ concerts are Wo be sus- ee nb. Pere emietohe to thé churoh fot the year ard " >by letter and death, Ao, 72, The toed prombaran of the onurol a “present is 3,110— mine suid rotoa Tiombership w 1.08; tne Hottiel Msslon, 1,008; tho Navy Mission, 2,840. ‘The Inco! read panes eae cat 1s $56,774; the genoral collections of the church have amounted w Sat ; jouth Achool collections, $,871. The ‘fatal douleotions, $29,004; tue total’ income, Capain 0. af, ,Panoan, Mr. joseph Eldridge’ ana Mr, Gharles Morton werd elected deacons, tu piace of otlicers whose term had expired, pre nenemene ANOTHER STEAMBOAT DISASTER. * Lows of cho Missivsippt Steamboat Fanuie Brandies, J Mempurs, Tenn,, Deo, 9, 1871. ‘The aceamor Fanme Brandios, for Cairo, with 200 betes of cotton and @ fow passengora, struck a snag near the tead of Island No. 40 last night aaa suk to thy botier deok, The boat and cargo will vrove a toral loss. No lives were 10st. Lt ts impome wivie AF @CudORs CO OdtAlA a List af the Inanranced,