The New York Herald Newspaper, May 23, 1872, Page 3

ROBESON'S TRIAL. The Majority and Minorities of the Investigators’ Report, His Honesty Admitted on All Hands. The Secor Claim Defended as Discretion- ary and Denounced as Mlegal. RESUME OF THE CHARGES. What Was Proved and Not Proved. “AFTER ALL NOT SO WICKED.” WASINGTON, May 22, 1872, ‘The report of the House select committee upon the charges against Secretary Robeson was pre- wented by Mr. Sargent. It is signed by Messrs, Bargent, Peters and Warren. The Majority Report. The committee refer to the terms of the resolu- tion as requiring, first, an investigation into the public charges affecting the personal character of the present Secretary; and, next, an inquiry gen- erally into the administration of the affairs of the Navy Department during his term of office, In view of the instructions of the House the committee deemed the first branch of the inquiry as of paramount importance. ‘ihe report then sets forth in full the various articles in the New York Sun, in order to illustrate the thorough and com- plete vindication of the officer implicated, as dis- elosed by the testimony submitted. The committee pay, with a view to the prompt investigation of these charges, Charles A. Dana was invited to at- tend the sessions of the committee, with counsel, to conduct the investigation in his own way, and have the utmost latitude in the production of papers and the examination of witnesses upon all matters relating to tho Navy Department until the seizure upon the temporary absence of the chair- jan as a pretext to abandon the investigation, is he was, however, not allowed to do without a ee examination upon oath at the request of he ofiicer charged, when he disclosed the fact that he had neither any knowledge NOR ANY RELIABLE INFORMATION upon which any of the articles in his paper could be founded, The report says the committee do not deem it necessary to encumber the report with a detailea reference to testimony relating to the as- faults on the personal character of the Secretar, and the integrity of his administration. It is enoug! to say, though the oiilcer charged declined to avail himself of the privilege of appearin by counsel, while the accuser, with his counsel Was allowed the utmost freedom as to the extent 0} his investigation, yet he totally failed to produce a ge witness or any proof whatever tending in the plist test degree to maintain any of the charges he made, or to throw even a doubt or suspicion upon the personal character of the Secretary, and NOT A SINGLE FACT WAS ADDUCED which would have any tendency to show any such thing. The committee ee Say that it would be Buperfuous to attempt to state the testimony as to the various charges, or to show in detall the con- clusive manner in which each and all of them have been refuted. Not a single witness even pretended to establish one of them. Not a particle of testi- Mony out of all the mass appended to the report any tendency whatever to show any fraudulent act or des! on the part of the Secretary. If it were desirable to refer to the stimony at all upon this subject in detail it would jot be for any purpose of refutation, but only to exhibit thé "os Ber emy g MALIGNANT AND WANTON CHARACTER of ine libels which gave rise to the investigation; and they further say that inasmuch as thes pane ‘all of which were shown, not only by the ost searching examination, but from the testi- mony of the accuser himself, to be utterly devoid of Bny semblance of truth, were printed ina paper. of jarge circulation, published in the chtef city of the untrys repeated from day to day in every phase of Vet es long after the testimony, including that of their author himself, had shown their false- hood, the committee feel justified in denouncing them in the strongest terms as the MOST EXTRAORDINARY LIBEL EVER PUBLISHED the country against a pe oficer, and a shame- perversion of the privileges of the press. They pay that these personal charges were obviously the ‘ound upon which the House of Representatives lcemed it proper to institute the investigation; that the general inquiry authorized was imani- festly auxilliary to the inquiry into the Graver personal accusations. There appearing ho proof or even suggestion to sustain these, the general ny into the administration of the de- tee wee was in effect a trial and judgment as to he manner in which an executive officer has exer- clsed the DISCRETION REPOSED IN HIM boda Such an inquiry might manifestly be ex- ded beyond the powers of a legislative body who make the laws which it is the duty of the exe- Sutive officers and the Courts to construe. Upon the subject of the powers of executive oM- cers the Supreme Court of the United States has decided that the head of a department in the dis- tribution of the duties and responsibilities of the government is often compelled to exercise his dis- cretion; that it is not necessary to show a statutory provision for all he does; that no government could ever be administered on such principles; that there are numberless things which must be left to his discretion, and that of necessity usages have been established in every department of the government which have become a kind of common law, and regulate the rights and duties of those who act within their respective limits. Notwithstanding this fact, how- ever, the committee, with the assent and assist- | ance of the Secretary, have investigated all the matters Hn ll in the course of the in- uiries, and do not find any errors or irregularities of administration which would justify any action by the House or cast any discredit whatever upon the Secretary. Most of the matters which have been even at- tempted to be criticised in this prosecution have been the acts of bureau officers following THE ROUTINE LONG ESTABLISHED under former administrations and decisions upon statutes made by former Secretaries, such officers acting with the best of motives and for the In- terests of the government, In relation to the engines for the Tennessee, in the opinion of the committee, the result of the testimony not only exonerates the Secretary from all suspicion of any bad faith or improvident contracts, but shows a laudable effort on his part to utilize public propert; by taking a valuable ship, rendered useless through lefective machinery, and converting her, with he least possible expense, into a first class and efficient vessel.of-war. The committee adopt the conclusions stated in the interesting testimony of John Roach, contractor for the machinery, and fully sanctioned by the statemént of the Secretary and other witnesses. It appears that the present machinery, though costing some $700,000, 1s like much other now in the navy—worthless in the ship or out of it for any purposes other than old ma- terial, John Roach ts to putin the new for $300,000 only, besides the old material, which he is to remove m the ship, and which he estimates and adver- tises to sell at $35,000. The contract price to be aid Roach is considerably less than was computed ry the Acting Chief Engincer of the Navy as the cost of the work included in the contract. The ma- chinery is to be the compound engine now almost ex- Clusively used in England, and which, it is thought, ‘will soon jn this country and elsewhere supersede all others. Roach has the only works in this coun- Led ot ared to manufacture these engines, having made them the subject of thorough investigation and experiment with a view to their introduction into the navy and the merchant marine of our country; that the work can be done more safely ‘and cheaply at the present time by such a contract than ,{n the navy yards, more especially as the gacpgon of the engines is an experiment and BINDS HIMSELF TO PRODUCE CERTAIN RESULTS ofa Cr ad satisfactory character or forfeit the com- pensa: to be received. That there is reasonable Silvie haute hat ton oP Qatar ient jth ions of J ie, — iyihg pt may of dollara’ worth the docks may be léred Waluable at comparattvel; e disposes of the objection t! machinery.@iould have been advertised 4 ihe testimony that the statute upon the subject of ad- vertiaing has never by any head of the depart- ment been constru to apply to machinery, a meena © be manufactured, and the state: ment of oretary maki itapparent that ina 1e matter kind a different int tat ve Deen bappiicabie and im Fact fable ha In relation. payment o1 WIWETY-THRER THOUSAND DOLLARS UPON THE CLAIM ‘OP THE SECORS, the rt careftilly examines all the ground cov- ered by the voluminous testimony, and discusses the yim in its Jegal as ‘Well as equi- citing precedents and anthori- in its position. The committee find that the Secora, in an exceedingly prompt, energetic and eatisfactory manner, performed their contracts with the government; that the Pine ment, without fault of the Secors, causes Ae. Aemaces and extra expenses in the matter filling their contracts and required much additional work outaide of and in addition to the work under the contract; that in this way the Secors had ainst the government two classes of claims—to wit one rv sustained by them within the contract, and another for ex- tra work outside of the contract, and having nothing to do with it except that both classes of claims arose upon the same vessels; that the settlement of the claims for damages within the contract was REFERRED TO CONGRESS, while the claim for extra work outside, done upon the request of the Separimont, could be paid by the department; that the Secors went to Congress for the one and to the department for the other; that Congress adjusted and paid but one kind of claim, and dtd not pass upon or in- tend to pass upon the other, nor was such other claim before Congress, but, on the ponte was excluded therefrom by the construction ot the law, and the action and the report ofthe Board to whom the matter was referred by Mr, Welles; that the $93,000 claim was A JUST CLAIM, BOTH LEGALLY AND MORALLY}; that the testimony shows clearly that the Items of which it was composed had never been paid, disal- lowed or ever considered until allowed and paid by the present Secretary; that the delay had been oc- casioned by the sudden death of persons who would have examined and passed upon them, but who died before the claims were reached in the course of the investigation; that othe? similar bills for similar work had been paid to other parties; that sald Secors, in accepting the sum allowed b; Congress, and for which they gave only an ordi- nary receipt for 80 much money received, had no reason to believe that they would be estopped, to seek payment of their other claim before the de- partment, and were so informed at the time by members of the Naval Committee of the Senate, where the bill originated; that the elatm of $93,006 waa presented to Secretary Borie, and by him re- ferred to Admiral Porter, and him referred to a board, upon whose favorable report and recommendation the claim was paid by or before the present Secretary; that the only re question is whether the claim thus examined and paid was barred by the wording of the act of Con- gress allowing the other claim; that if this is a question on which lawyers ma; dutter it is 80 close a question that a decision either way, honestly made, should not be a subject of reproach against an oflicer whose constitutional duty {t was to de- clde it; that the interpretation by the Secretary of the words of the act, “in full discharge of ALL CLAIMS AGAINST THE UNITED STATES on account of the vessel upon which the Board made the allowance, as per their report under the act of March 2, 1867,” as meaning the discharge onl of the claims ander the act of 1867, upon whic! the Board made the allowance, as per their re- port, is, in the opinion of the committee, a correct one; that the Board made no report upon the vessels, but did make an allowance and report upon certain claims on account of the ves- sels under the act of 1867; that act of 1867 did not include, but excluded from the jurisdiction of such Board the bills making the Pa ment of $93,000 afore- said. So much for the legal view as taken by the Secretary, as well as the Auditor and the Second Comptroller of the Treasury, who is the final judge of the matter, and without whose independent action the claim could not have been paid. Every consideration of JUSTICE AND EQUITY DEMANDED THE PAYMENT of this bill, and it was the duty of the eee ary, {2 search for such an interpretation of the law, within the fair import of its terms, a8 would save the government from the humiliation of having per- petrated a gross injustice, The committee find that all the charges about the Corliss matter are eae false; that not a dollar has been pald on it; and al eee to the various matters brought to thelr attention, they say that all other acts sought to be criticized were, within the legitimate discre- tion of the Secretary, exercised without impropriety of either motive or action, and that they are not able to find any rule, either of law or right, which forbids one Secretary to do justice to a public cred- itor merely because it has been denied or omitted by his predecessor, = IN CONCLUSION, the committee remark that the Secretary of the Navy during the period embraced in our investiga- tion has disbursed nearly $60,000,000 in the ordinary administration of his department, and it is a matter of congratulation to the country that, not only is there no stain or suspicion of dishonor left upon this officer as the result of the investigation, but that the searching scrutiny invited and facilitated by him into the various and extended operations of his department has discovered so little pretence for attack or a need of defence or explanation éver in matters of discretion and judgment. Mr. Blair’s Report. Mr. Blair, of Michigan, first examines the aliow- ance by the Secretary of the Navy of $93,000 to the Sccors, reviewing all the facts of the case. He Bays that under the act of Congress they received the sum appropriated for them as a full discharge of all claims on account of the yessels Tecumseh, Mahopac and Manhattan, The Secretary of the Navy, however, disregarded the law, reopen the account which had been closed by the department and oy Congress, and al- lowed them the above named sum. That this pay- ment was not only without law, but IN DIRECT VIOLATION OF LAW there can be no doubt whatever. It took ont of the Treasury $93,000, against the prohibition of a plain statute, and gave it to parties to whom the government owed nothing. It was also against a wholesome rule of the depart- ment that one administration should not reopen accounts which have been closed by another—its predecessor. The money was taken out of the appropriation made by Congress to pay the current expenses of the Navy Department for the current year, to pay an old iron-clad claim, Admiral Porter had remonstrated against it, and Mr. Lenthall had declared it illegal. It has been suggested by the friends of the Secretary and by himself that it was a question of the construction of the statute, but the statute is too clear for con- struction. The claim had been brought before Con- | et patiently heard and settled in full, and the cretary knew it. If this Secor claim had been just it would have been easy to have it sent to the Appropriation Committee in the usual way; but THE SECRETARY WAS IN HOT HASTE, nd could not wait for the slow movements of this ody, though it was in session at the time. Mr. Blair next considers the case of the war steamer Tennessee, and says the Secretary of the Navy conciuded a contract with John Roach to take out the old engines and put in new ones in that ves- sel. The contract was made without advertisement or any publicity whatever, Mr. Roach being the moving party in it. It agrees to give Roach the sum 0} yokes in cash, the old machinery and boll- ers to be taken out of the vessel, valued at $65,000, for his compensation. A large amount of testimony was given by Mr. Dana for the purpose of showing that this contract was illegal and amie A prejudicial to the interests of the government. It ‘was claimed to be illegal because, first, it was let PRIVATELY, WITHOUT ADVERTISEMENT and open competition, as required by law and by the general practice of the department; and second, it bartered away the machinery and bollers already in the vessel, which were the prope of the gov- ernment, without any authority of law; that it was prejudicial to the interests of the government, be- cause the machinery and botlers were bartered for less than their real value, and because too high a price was agreed to be paid for the new boilers and machinery; that the whole being repairs of an old ship ought to have been done at the navy yards, Whatever the facts may be it could have done no harm to have advertised for proposals for this work in the usnal way, and thus invited competition. ‘There was no necessity for haste and no excuse for a private contract, and Mr, Blair understands the law of 1861 ABSOLUTELY TO REQUIRE PUBLICITY, except in cases of great emergency. If Mr. Roach is correct in his opinion that no one else could do this work, then he would certainly have obtained the contract and have avoided the suspicion that necessarily attaches to what is done in a corner, If the proposals had been invited, then it would have been known whether any other builders wished to undertake the work, and what was their opinion of its value if they did so wish. As to the authority of the Secretary to exchange one engine for another, Mr. Blair does not know from what ‘source he derives the power. If he could barter the engines and boilers of the Tennessee for another set, might he ‘not, with equal reason, have traded the ship | itself for another of which he might think better? It had been supposed that public property could not ve disposed of without the express authority of the law, and there are many decisions to that effect, Whether the trade was a thrifty one for the govern- ment or not does not very clearly appear. What has been said in regard to the contract for the re- pair of the steamer Tennessee applies fully to the contracts for tne torpedo boats, They were made without advertisement and much in the same man- ner. The prices paid are no doubt SOMEWHAT HIGHER THAN THEY WOULD HAVE BEEN if competition had been invited. The practice of construing away the laws which seems to have ob- tained very generally of late in the Navy Depart- ment cannot meet with the aproval of any good citizen, The officers of the Executive Department ought to be held to the most scrupulous obedience to the laws, and in cases of doubt they should appeal to Congress, and not endeavor by strained Ce ea reach an object that may be de- sired. Mr. Blair then examines the steamer Governor claim, and comes to the conclusion that the allow- ance of $52,000 for her loss by the Secretary of the Navy was improper, and asks why was not this Governor case sent to the Court of Claims, where the government could have had counsel and @ proper defence. There is every rea- son to believe that it was a groundless claim, and never could have prevailed in any court, if the mat- ter was doubtful enough to require the opinion of Mr. Evarta, the paid counsel of the claimants. After it had been once rejected by the Secretary, why Would it not have been well at least to have gotten THE RGEIMION OF SIIB ALTORNEY GENERAL of the Ui States—an officer who might be sup- posed to spe impartially? Mr. Blair says, in con- clusion, that it remains only to consider the charges of .personal corruption against the Secre- tary of the Navy, which were so freely in- duigee = in the Newspaper articles, which were the principal occasion of the gl Mr. Dana, when on the stand as a wit- ness, himeelf te tien that he had no evidence to Show the diversion or appropriation of auy mouey by the Secretary. That, he says, Isa matter of infer ence, and it did not need that Mr. Dana should state this, It was evident from his newspaper artl- cles that he was not only resorting very freely to inferences, but that he was making inferences which his facts did not fully justify. It is all summed up in Mr. Dana's own language, namely :— “L could not conceive of a man making such a pay- ment with any honest motive or purpose.” That was the whole idea. Waving detected the Bocrehary, of the aey in maxing. a panos legal payment of $93,000 Mr. na insists that it is impossible there should be any but a corrupt motive for the act, This view would leave no room for the errors which arise from the hurry of business, from a partial Understanding of the case, and from those outside influences which gofar many times to mislead the judgment of a Man whose motives are, AFTER ALL, NOT WHOLLY WICKED. The public officer is often very bad, while the man is not really personally corrupt. While I abate nothing of what I have said in the preceding pages of this report, and while I believe that the adminis- tration of the Navy Department is anything but creditable to the country at this time, [ cannot say that the chargoe of personal corruption against the Secretary of the Navy are made out in the proof, As to that, therefore, he Is to be acquitted, It is an Sou ianees fact all over the country that the United States Navy, once the source of unmixed pride to the people, has been of late years rapidly degenerating into A CAUSE FOR FEAR AND APPREHENSION. Sums of money have been expended, and still the navy shows no sign of Improvement. Its situa- tion furnishes the most unanswerable -charge against the administration of the Secretary, It is barnacied all over, and if its administration is not speedily changed for the better the people of this country are likely tobe brouglit to shame on its account, Mr. Archer's Report. Mr. Archer says:—I agree with the majority of the committee 80 far as they exonerate the Secretary of the Navy from all charges of corruption, fraud and dishonesty. I dissent from thelr conclusions and interpretations of laws cited and referred to by them. I believe that the payment of the Secor claim of $93,000 was in violation of the law stated at Jength in the report signed by the chairman of the committee. I believe that the barter of the engines of the Tennessee was contrary to law, and that the contract for the new engines to be furnished by John Roach was in violation of the law of 1861 requiring all the departments of the government to advertise for proposals before making awards; 80 also was the awarding of the contracts for the tron. of the torpedo boats; so also was the purchase of $14,000 worth of hemp. YACHTING. The South Brooklyn Scrub Regatta—Large Gath- ering of the Yachting Community—The Dart, Topf and Comet Win the Time Allowance Prizes, THE METEOR FIRST BOAT HOME The yachting season of 1872 was opened yester- day by a lively scrub regatta, which took place in Gowanus Bay, South Brooklyn. ranged by Frank Bates, who keeps yachting head- quarters in that neighborhood, and with the assist- ance of Mr, Allan C. Bush, of the Brooklyn Yacht Club, the regatta proved a brilliant success, The weather was in every way propitious to the open- ing of the yachting season, and, encouraged by the Pleasant southeasterly breeze, a large fleet of yachts came up to witness the race, Some time was occupied receiving the entries, and it was after two P. M. before the judges closed the lists and pulled out to the yacht Nettie B, which Mr. Bush had kindly lent as a stakeboat. The course was from the Nettle B., anchored off Frank Bates’ dock, toa stakeboat off Bay Ridge; thence to a stakeboat anchored off the Long Dock, and then back to the Nettie B, This course, about seven miles in length, was to be sailed twice over, making fourteen miles in all, The first class sloops started from an anchorage at agiven signal, and the second class sloops and ¢at- boats made a flying start, and were timed as the assed the Nettie B. The judges were Messrs. J. awyer, Allen C, Bush and Captain Moore, The following yachts started in the race :— FIRST (LASS SLOOPS. Name. Owner. club, Tangth » Allan. C, Bush, Brooklyn. 2 — Sweeney — 21.6 Harlem. ,.21 M. Campbell. +s Jnion. . . .19,103¢ George Topf... Mother Carey. Jersey C'y15.6 — ‘i SAT BOATS. Deflance............-Ex-Com. Brin- Harlem... .24 20 — Murphy....Momus....20 — Ketchum. Jersey C’y18 As soon as the judges found the boats were ready to go ® preparatory gun was fired, and five min- utes afterwards another gun, fired ut 2:45, started the first class sloops. boat as follows :— The others passed the stake- ALM. 8 HM. 8. Mother Carey... 2 45 30 Emma Porter... 2 47 45 George Topt. 2 46 456 Biogan. 2 47 45 Comet. 2 47 30 Defiance. sees 2 48 00 Ther ‘esh southeasterly breeze, sufficient to make a pleasant little ripple on the water, and as the Meteor dashed off on a course 8.W. by W., with her sheets started, she looked as if there was jenty of wind to suit boats of her class. The mily P., Mary 0. Campbell and Dart followed ina knot together, with the little Topf and Mother Ca- my next, snorting along as they dashed the spray off their bows. The cat boats all got away very close together, and the famous old Comet looked as lively asever. The breeze bei freshening all the after- noon, and the Meteor did some tall sailing, round- =~ the stakeboat oif the ine dock at seventeen minutes past three o'clock, and then started to beat up to the Nettle B., fully six minutes ahead of the next boat. The Meteor was sailed by Elsworth, of the Bayonne Yacht Club, and William H. Langley, of the sloop Addie, looked after the mainsheet, 7 hts rounded the Nettie B, on the first round HM. 8. 3 00 +28 62 45 : , and as the breeze freshened the sandbags commenced to move very lively and the boys were kept hard at work. Going away from the Nettie B on_ the second round the pace was killing, and under the breeze the fleet iittle yachts appeared nearly buried in the water, 80 that only their sails were visible. As the boats were coming home the attention of the lookers on was attracted to Mr. Brashier’s new weep Undine and Mr. J. M. Sawyer's new sloop, built by Smedley, which were both out taking a spin. Mr. Sawyer’s new boat looks like a hummer, and will, doubtiess, prove another yeas thee for Smediey. As the yachts came towards home the excitement of the spectators rose to fever pitch, asthe time allowance In the first class sloops was evidently going to be closely con- sted by the Meteor, Mary 0, Campbell and Dart. ‘ne Emily P. drew out after the first round The Meteor rounded the stakeboat at four P. M., and she was ably handled on the beat home. The Mary 0. Campbell was the next boat, and as the Meteor had to allow her fifteen minutes it looked like a very close thing, but the captain injadictously stood too long on the starboard tack, forcing her when she went about to give sheet and lose fully a minute by the mistake, The Dart, ably handled and with Dave Snediker at the sheet, came in seventeen minutes after the Meteor, thus winning the time allowance prize by twenty seconds. The Deflance, cat boat, was the next boat in, but the Comet was close on her heels, and won the time allowance prize in her class, with ten min- utes to spare, The George Topf won the prize in the second class sloops with great eage, and proved herself an able little boat. She was well handled by George Moulds, of Jersey City, The yachts arrived as follows:-- FIRST CLASS SLOOPS, Corrected Arrival, ActualTime, _ Time. Name HM. § LM Ss HM S. Meteor...........4 11 4 1 4 1 26 45 Mary O.Campbell 4 27 16 1 42 16 1 27 15 Dart...... soseeee & 28 45 1 43 450 «1 26 80 Emily P. drew out after first round, SECOND CLASS SLOTS. George Topf.. 40 2 4 0 Mother Carey. M300 62 8 45 30 «1 48 30 51 00 «1 89 00 64 000 «1 «46 (00 Brogan....... 1 47 45 4 43 30 1 65 46 After the crews had all got on shore the Judges pod to work and distributed the prizes as fol: WS im FIRST CLASS, ize. Name. y What for. Meteor.... . Silk whip....First boat home. Dart... . Silver cup...First by time allow- Meteor... ance. +++-8et of colors.Second by time allow- ance, Mary Campbell..Purse of $10.Third by tigre allow- ance. SECOND CLASS, First boat home, First by time allow- CAT BOATS. -Pennant.. t of color : ance, Purse of $10..First by time allow- ance, The yacttts all started for their different destina- tions shortly after six o'clock P, M., after their crews bad indulged in a good day’s sport. ‘The affair was ar- | ARNARD'S IMPEACHMENT. The “High Court” Assembled in the Senate Chamber. seer eee PARLEYING OVER PRELIMINARIES —_—>__ The Accused Judge Present Be- fore the Bar. COUNSEL CHIT-CHAT. He Presents a ‘‘Ceneral Denial.” The Court Adjourned to Meet in Saratoga July 17 to Proceed with the Trial, ALBANY, N. Y., May 22, 1872, Some of the members of the Court of Impeach- ment to try Judge Barnard, and the Managers on the part of the House, are already in town, and more are expected on the noon trains, At four P. M. Lieutenant Governor Beach called the Court of Impeachment to order and directed the Clerk to call the roll, when the following Judges answered to their names :—Mesera. Church, Allen, Peckham, Grover, Folger and Rappalye. The following Senators also answered to their names :—Messrs. Allen, Baker, Benedict, Bowen, Chatfleld, Cock, Dickenson, Graham, Harrower, Johnson, Lewis, Lord, Lowery, Madden, Murphy, Palmer, Perry, Robertson, Tiemann, Wagner, Weis- mann, Winslow, D. P, Wood and J. Wood. The minutes of the last meeting of the Court were then read, Mr. William A, Beach rose and stated that the defendant, Judgo Barnard, was present in person and by counsel to reply. He stated that the de- fendant was not prepared to-day with a special plea nor with a general plea. He stated that the articles had not been ofticially served. He there- fore asked that time be given to prepare special and general pleas, Mr. Niles, of the Managers, asked how much time would be asked & Mr. Beach sald he suppose. the usual time of twenty days, Mr. Reynolds asked what papers had been served and certified to as being served ? The President replied that {t was the articles of inpeecunent. ir, Reynolds then asked 1 ow these articles were authenticated? The President said the only repty ut he could give was that these articles were sent to the Senate as adopted by the House, Mr. Alvord stated that these articles had been adopted by the House, were sent to the Senate and became a part of the record of the Senate; and when they became @ part of the record of the Senate they were thus duly authenticated, Mr. Niles potented against these Ci dee being raised at this time. The proper time would be when the reply was put in, Mr. Beach did not concur with the Managers, and insisted that this question was at this time prop- erly raised. The Court was not yet duly organized; its members were not yet sworn. The defendant claimed that, before proceedings could go on, some proper paper—a duly certified copy of the articles— should be served upon him before he should be called to answer, He insisted that no such service had beenmade, _ - zoek Mr. Prince, of the Managers, followed, statin, the proceedings, and said that, if counsel claimed that the articles had not been served, he would suggest that they now be served. IRREGULARITY IN THE “SERVICE.” Mr. Beach stated that a printed paper had been served on defendant with one of the articles erased and no certificwte attached authenticating it as the articles of impeachment. The Revised Statutes pre- scribed the mode of proceeding. The Court must be sworn in, Chief Justice Church said he thought it easy enough to settle these preliminaries. It was not re- uired that the Court shall be sworn in before the ime and place of the Court are fixed. Then the Court will meet and proceed in regular Manner, He moved that the articles be now served and that the defendant be given time to make his plea. Judge Allen rose to say that he had donbts as to the propriety of his sitting in the Qourt, for the reason of his connection a8 Counsel with the pro- pos gi embraced in two of the articles. He would ask to be excused, Judge rg gles said as far as the accused was concerned he would not ask any action in the mat- ter elther one way or the other. Mr. Alvord, on the part of the managers, said they would not ask that Judge Allen remain in the Court, but they would like to have him near the Court and tender his advice in the matters with which he has had no connection. Judge Peckham said he found himself connected also in the bye Baad issuing orders, and he thought he too should be excused. Judge Grover said, under the circumstances of Judge Allen having been counsel, he would move that he be excused, but in the case of Judge Peck- ham he did not see C4 good reason for excusing him. He withdrew his motion to excuse Judge Allen for the present at the reqnest of Senator D. P. Wood, who stated that the Committee on Rules were ready to ge and asked that the report be received, which was agreed to, and the report was read at length. Some discussion was had as to the number of om- cers of the Court, and the report was then adopted. Mtr President then directed the accused to be called. The Clerk called George G. Barnard, and his coun- sel,W. A. Beach, responded that he was here in per- son and by counsel. The President then stated that the accused would be assigned a place within the bar of the Court. The pending question on Judge Grover's motion to excuse Judge Allen was then announced. Judge Peckham said he understood that charges were entirely independent and separate, and, therefore, though his brother Judge may be connected with some of the charges he was not with the whole, Therefore he could not see any reason for his being excused, Senator Murphy said he could not see any good reason for excusing Judge Allen, He was not dis- qualified at all, and if there was any objection to his serving it should come from the respondent, who, as he understood, made no such objection, Senator Benedict took a similar view. Mr. W. A. Bartlett, counsel for Judge Barnard, said the respondent made but one request. He comes here and bares his breast; if there is a vul- nerable point let it be found. He made but one request, and that was that he have a fair and impartial trial. He asks only that which every man, through God Almighty, asks— fairness and justice, He asked if, when he came here upon & momentous trial, a trial which was to determine whether he is to hold office hereafter or not, a question was to be raised and put to him whether certain Judges shall sit on the bench. He had the tte respect for Judge Alien, As for Judge Peckham, he would say that in the course of the trial it might be necessary to call upon him to take the witness stand, Manager Niles thought counsel misconceived the question, He did not understand that J Allen had preconceived opinions such as disqualified him from acting ag a judge in this case, Mr. Beach said his client had a reluctance to be tried by any member of the Court who has had any connection whatever with the cases referred to in the charges, He thought it would be indecorous and unjust to the Reople for such gentlemen to oe in this trial. He said some of these Jadges jad been in judicial antagonism to the re- spondent, and it was utterly impossible for them to take part in these proceedings without being con- trolled by preconceived opinions. He had not one word to Bay against these judges. It would be im- proper for him to say anything of the kind. He did not in opinion with Judge Peckham. These charges are a unit, They were not separate and distict and independent. One affects the other. Rules have been adopted that every member of the Court shall rise in his place and BAY GUILTY OR NOT GUILTY on each and every one of these charges. But is this a matter in which Judges should ask to be excused ? They are not yet members of the Court; they have not yet been sworn in, What compels them to come in here and serve in this Court’ He thought that if these piacere? had doubts as to their compe- tency, all they had to do was to withdraw and take no part in the proceedings of the Court. There would be enough Judges left to constitute the Court. Manager Niles, in reply, referred to the fact that the Court could be rendered nugatory or invalid were these Judges to withdraw, by the death or sickness of one or two others, But as to the mem- bers of this Court, he understood that these Judges are a part of the Court now. Manager Prince stated precedents, in which he showed that members of the Court would be called upon to vote on each article separately. , On motion of Senator Palmer the Court went into executive session for consultation. “en a 1 pat of i bag the President an- iu 1 Court refused to excuse Ju — fo Sor ces - sedis Ir. Beach, of counsel for respondent, then sub- mitted @ general plea, making a dental In detail to ie and declaring generally that he was not ‘Mant r Alvord took exception to the answer, Ing that, though he was not a practising lawyer, yet he did not retand that anything more was NEW YORK HERALD, THURSDAY, MAY 23, 1872—TRIPLE SHEET. expected of the respondent than a reply of guilty or not guilty. Mr. Beach answered that the plea was in the usual form, Manager Niles also thougnt the plea was not In proper form. Manager Alvord then, in reply to Judge Barnard’s | plea, announced that the managers, regarding the | lea of respondent as only a general plea, re- terated their charges and would proceed to make good the said charges, Manager Alvord sald that on consultation of the managers with respondent's counsel they had agreed to adjourn, if it met the views of the Court, till the 17th of July next, and that the COURT BE HELD AT SARATOGA, Husted dissented from that part of the ing upon Saratoga as the place, at part of the motion to adjourn till the 17th | of July was carried, On motion of Senator D. P. Wood the Court again went into executive session for consultation as to the place for holding the Court. On reopening the doors it was announced that Saratoga had been se- lected as the place for holding the Court. ‘Iwo ses- sions a day were decided on, the Court meeting at ten A, M, and four P. M. Senator Murphy satd, as he understood it, the re- spondent, in addition to the general plea he has now put’ in, is at liberty to put in a special plea, He therefore moved that the respondent shall serve Q notice on the managers of such special plea be- fore the 17th of July. Judge Beach said practice did not require the re- spondent to give notice of any motion. Senator Murphy satd what he wanted to avoid ~~ Hie accent for SACURR ENE from time to A ie Managers being unprepare meet these pleas. : eS SADFERASOA 20 Mr. Beach thought this motion, if adopted, would lead the Court into diiculty, He said that’ at the ye time they would move to quash various of he articles, but he did not think there would be any necessity for adjournment as suggested, Senator Murphy's motion was adopted, The Court then adjourned until July 17, at ten A, M., to meet at Saratoga Springs, The Charges Against Judges and Prindle. ALBANY, May 22, 1872. After the adjournment of the Barnard Impeach- ment Court to-day the Senate was called to order to take action in the case of Judge Prindle. The journal was read, when it was found that the case was ordered to be taken up immediately after the adjournment of the Court of Impeachment. enator Murpity inquired if there was any return in the case of Judge McCuny. Senator J, Woop stated that an oMcer went to the house of Judge McCunn and found him too sick to be seen, and it is not known whether the papers were served on him or not. ‘The Senate then adjourned until to-morrow morn- ing at ten o'clock. THE STRIKE STILL SPREADING, New Trades Take the Field as Fast as the Old Ones Retire Victorious. McCann THE GERMANS GET THE FLOOR. Cabinetmakers, Carvers, Varnishers and Show Case Makers Moving and Others Ready to Fall Into Line. The war of tho trades unions for the establish- ment of the efght-hour system ts extending, and will, no doubt, soon bring into the fleld the organized forces of every form of industry known in our city The painters cut through the old custom nicely, like the sharp point of a wedge; the carpenters forced their way through the opposition with more of an effort, and now, as the gap is growing broader from the exertions of the bricklayers, plumbers and sash- makers, every trade in the city is forming a union With which to further force the issue in their favor. The Carpenters. At Masonic Hall yesterday a joint committee of twelve from the American Carpenters and Joiners’ Union and three from the Amalgamated Society, with Mr. Anthony Kelly a8 chairman, were sitting to initiate members and attend to the odds and ends of the business left by the strike. They draw pay from the treasury at the same rate as they would receive from their labor if at work, These | men, the last organized remnant of the Carpenters? combination, will be disbanded on Monday evening next, when thelr unions hold their regular jug. They regard the eight hour system as fixed. The Bricklayers. Lodge No, 2 of the United Order of American Bricklayers held their regular meeting last night at Milliman’s Hall. The meeting wasa secret one, and the best feeling prevailed. The motion to strike had been carried with a minority of only thirty-five against, and the great number were consequently more hilarions than they might otherwise have been. ‘The feeling 1s that the eight hour question is decided now at least for the season. The ante- room was thronged with those who had been in- duced to give their adhesion to the Union during the weck, and were awaiting initiation. Operative Masons. The New York Benevolent Society of Operative Masons met last night, at their lodge room, In Demilt Hall. The session was secret, but the President, Mr. James Beston, sent out the veteran, | hale and hearty John Tomey, first President of the order, who gave a statement of the position the members occupied to the HERALD reporter. The fot age had determined upon a strike long ago, but the time had not been definitely decided upon when the present movement was in- augurated, Ags the stone masons are comparatively few in numbers, and closely allied wi he brick- Jayers, the majority of members of the former c7- ganization found themselves drawn into the move- ment by the latter on Monday, and thus anticipated any action of the body us a lodge. They are now all working under the eight hour system and seem very much pleased with the change. A large number of men were awaiting in the ante-room to be initiated, Cabinet Makers, Carvers and Varnishers. The cabinet makers, carvers and varnishers as- sembled in the large upper room at Teutonia Hall yesterday afternoon, Robert Schlutter presiding | and Louls Bing acting as secretary. | This organization notified the employers of their | intention to demand the adoption of the eight hour rule on Monday, and began the demonstration on the shops on Tuesday, The membership, exclusive of the subdivision of the upholsterers, was at that time about 700, There are now enlisted in the movement In the neighborhood of 3,600 men, At the adjournment on Tuesday night it was an- | nounced that thirty-three employers had acceded to their terma, and at six o’clock P. M. yesterday thirty-one additional firms were included in the list of those who had surrendered, A delegation was sent from this body last even- ing to the mass meeting of their tradesmen in Williamsburg. Speakers complained bitterly against the Ger- man press of the city, claiming that it published only imperfect reports, and in these spoke ad- versely to and falsely of the action of the men. A committee was appointed to visit a large shop in Essex street this morning and to bring the work- men engaged there to the hall. A delegation of six was appointed to attend the meeting of the German framers to be held to-night in Ninth avenue, between Fifty-fourth and Fifty. fifth streets, At Stein's shop, in Attorney street, there are about one hundred and fifty men working. Com- mittees have been sent to them, but Mr. Stein in- variably sends a messenger to the adjacent police station, and brings a cordon of police to protect the entrance to this shop. This causes the unionists to complain bitterly, as they say they never attempt See e officers claim that, while they think they can stand out longer than the employers, the strike will probably end with the week, and that by Satur- ea Rag they will have elther lost or gained their The Upholsterers. The upholsterers, who notified their employers that they should demand the reduction of their time of labor to eight hours, and who, on Tuesday, quitted work and made a practical strike, numbered that day but about two hundred. The accessions to their ranks yesterday swelled their numbers to about five hundred. These include nearly all the men in this trade in the city proper and a share of those in Brooklyn. Eighteen uphoisterers’ shops, some of them being among the largest in the bust- | ness, have acceded to thelr demand, but, failing to sign the printed agreement, aré not yet Tecogniked ao eaporer named Medicus, from the firm of Deuzer & Co., appeared in the hall and Rated. that he was wing to pay tho twenty per cent additional demanded. is firm employed | workmen only on piecework, and they conse- ently worked as few or as many hours as they they ol He, however, stated that their busi- neas was very brisk and he would prefer to have the men work as long as possible each day. It 1s propoged to gend committees (Wo Jersey City | their etforts to sec | among them also some excitement. @ general revolt. The following is the form of a printed circalar sent by the upholsterers to their employers :— New You«, May 20, 1872, We, the workmen from your shop, demand from the above date eight hours (as a dag's work, with full r ‘s work, and an inerease of twenty per plecewor oss Whexcof we, your workingmen, have signed " We demand your signature as proof of your consent, The meeting adjourned at six P. M., to be cons vened again at Toutonia Hall this morning, The Pattern-Makers, There are about five hundred pattern-makers if New York, and the success of the carpenters tn re Mgher wages has caused A small meet- ing was held last evening at Germania Hall, corner of Twenty-sixth street and Seventh avenue, which was organized into a committee, and called @ mass meeting to be held at the same piace on next Fri- day letter was read from Mr. Michael yew York of the ters and Jot in in the general eight-hour @ by the pattern-make; to demand » in thetr wages and a lessening of the hours of labor. They now work ten hours and receive but $360aday, The sk for eight ho Sand $aday. As their trade is a pecullar and as no workmen In it can be imported, there seems little doubt that they will be successful, The German Painters. The German house painters, numbering about two hundred, Mr. Werner presiding, met at 8 avenue A last night to organize for the eight-hour Strike, Enthusiastic addresses on the subject were deliveged by several of the members present, urging that the proposed reform was needed, if for no other them for sanitary purposes, To be engaged tep hours per day at house painting, while exposed to @ scorching sun, was a task which could not be endured long without lasting injury to health, A resolution was passed by an enthusiastic vote to organize the strike at once, and to notily the em loyers of the action taken to-day. The terms were 3 60 per day for eight hours’ work. A delegation of the English-speaking house painters? organization was present, one of whom, Mr. James O’Kellett, briefly addressed the meeting on the subject of tions of that organization, — A for the management of the strike was formed, which is to co-operate with the English speaki branch of the trade. which has already introduces the eight hou y! ing establis The showcase makers, numbering abont ninety, composed exclusively of Germans, Michel Zoll pre- aiding, met at the Teutonla Assembly Rooms yes- terday afternoon, when action was taken to organize a strike for the eight hour labor refor ‘The terms are the same as those of the cabine' makers, wood carvers and others—eigit houra work per day at full prices, and an increase of pay for plece work of twenty per cent, A resolution was passed to strike for this reform measure to-day, and committees were formed to be despatched to- day to the ditferent shops to notify the employers of the action taken. The committee for the man- agement of the strike was composed of Messrs, M. Zoll, Toris Braun, Wolf Walter, Henry Schumacher, Franz Kiobentanz, Adam Spankoch, Carl Tombert, John Walter and Urnst Jung. A meeting of German wood carvers was held last evening at Arion Hall, in Stanton street, In support ofthe strike for the eight hours. Charles Krutz, President of the Union, occupied the chair, A heated discussion arose as to his conduct in the strike, it having been proved that he was still working ten hours. A motion to depose bim waa unanimously passed, and Mr. L, Hammersmith waa ed in his stead. The Secretary was in the same nd he was also deposed, The reports of the committees showed that more than fifty shops had acceded to the demands of the men, inciuding all the larger ones. During the evening a number of animated speeches were made and resolutions passed to not accept of any compromise with the OBSES. The Shipfotners. The shipjoiners held a meeting last night at Mil- itary Hall to take into consideration matters of im- portance pet ning to their trade. Mr. Nathaniel Betts gccupied the chair, and Mr. Edward Riley acted as Secretary. After an unimportant discus- sion in relation to organization the meeting was adjourned till to-morrow evening, when something of interest may be brought up. The Plasterers. Ata regular meeting of Manhattan Lodge, United Order of American Plasterers, last night, the fol- lowing resolution was unanimously adopted:— Resolved, That we tender our sincere and heartfelt thanks to the Rey. Henry Ward Beecher for the noble words used in his sermon last Bunday, encouraging the tolling masses in their struggle for the eight hour system, The New Post Office Laborers. A meeting of the men who have worked upon the new Post office building was convened last evening at Brook’s Assembly Rooms, Broome sireet, for the purpose of passing resolutions relative to petition- ing Congress for what they consider their just dues. ‘All members of the press were denied admission, as the workmen fear to lose their pl if any of their names became known. It leak out, how- ever, that they claim back pay for two hours’ labor each day they have worked during the last two years, 48 other laborers in the employ of the gov- ment are only required to work eight hours per diem, whereas they have been made to work ten. AS eVerything tat was put to the vote, judging by sound, was carried | acclamation, the reporter concludes that it was decided to proceed with the petitionizing. AMNESTY IN THE SOUTH. The Passage of the Amnesty Bill Through Congress Docs Not Meet All Require= ments—The Abolition of the Test Oath Needed. Ricrmonn, Va., May 22, 1872, The brief synopsis given in the Associated Press despatches this evening, announcing the passage of the Amnesty bill, was reeelved with great disfavor and evident disappointment, As a measure to ine crease the popularity of the edmiuistration party in the South It is a total failure. The parties whose political rights and privileges are restored by the bill are only those excluded by the fourteenth amendment, not already relieved by special acta ot Congress, excepting tle classes mentioned in the bill who are still proscribed, It is estimated that the disabilities of @ majority of those disabled by the fourteenth amendment had already been re- moved by special acts, so that very few remained to reap the benefits of the present Amnesty bill. The great relief needed by the Sonth in the shape of amnesty is the abolition of the test oath of March, 1862, which would allow the rank and file of the late Confederate army to hold federal oMices if appointed to any. As the matter stands, none but the prominent leaders at the South are politically restored, while the great mass are still barred froin ee the most insignificant clerkship in. the gift of the federal government. Until this test oath is abolished there is no actual amnesty, THE SEARCH FOR DR. LIVINGSTONE. {From the Newark Journal, May 21.) “Peace hath her victories no less renowned than war,’ It has well been said. ‘The Atiantic cable this morning brings from London the news of peaceful victory so great that even the Quakers feel it impossible to preserve their equanimity and refrain from joining with their more demonstrative brethren in shouting vivas for Livingstone, Stanley and the New York Henraxp. * * * Everybody will Tead the detalls and try to pronounce those jaw- break oper names, for the sake of fully realiz~ fant that Livingstone and the brave Stanley bel the aré safe and sound. Some timé ago, when the first despatches came about the Herato's African ex- pedition, we suggested as a proper motto for the chief explorer the last words of Marmion— On, Stanley, on!” fellow has, indeed, gone “on” until fin inigoion has been agecmipiie nea He has found Livingstone, and told the almost hopeless world that fie is alive. What a triumph, this, for Ameri- can pluck and American journalistic enterprise! wha a brilliant capstone to the HERALD’s news aro de triomphe! We believe in paper asarule, but in an achievement like this it is at least ‘oper that honor should be given where honor is due, [From the Dublin Nation, May 11.) A report, wanting confirmation, obtains that Mr, Stanley, the European representative of the Nsw York HERALD, has joined Dr. Livingstone, and found the daring explorer in excellent health and spirits. The rumor brings thet down from the in- terior to Zanzibar, where they would take shipping for England as soon as an opportunity presented itself. The Standard, in an article on the supposed a of the great cerip iat, blushingly con- fesses that It is conscious of @ sentiment “some- what akin to envy, and closely allied to shame.’? We cannot concelve an easier or cheaper way of Frets out of @ sore national humiliation, What 1 Royal Geographical Soclety could not, and the British goverament would got do, has been achieved by the unaided enterprise—we speak hypotheti- cally—of a New York journal, Shoaid the news turn out to be true, it will be hard to find a proper deco- ration for Mr. Bennett; but the chances are that the modeat journalist will decerate Limsult