The New York Herald Newspaper, April 16, 1874, Page 7

CONGRESS. Who Is Governor of Louisiana P THE ARGUMENT IN THE SENATE Abolttion of the Payment of Mileage to Members of Congress. Relief for Starving School Teachers. SENATE. WASHINGTON, Aprii 16, 1874. Before the reading of the journal of yesterday was concluded Mr. McPherson, Clerk of the House Of Representatives, appeared at the var of the Senate and announced that the House had passed, without amendment, the bill of the Senate to fix the amount of United States notes and the circuia- tion of national banks, and for other purposes; also that the House had passed a bill amendatory of the acts to provide @ national currency and to establish iree banking, The latter bill was referred to the Committee on Finance, THE POOR DISTRICT TEACHERS. Mr. SPENCER, (rep.) Of Ala., this morning moved that the Senate proceed to the consideration of the House bill making appropriation for the payment of teachers in the public schools of the District of Columbia, and proviling for the levy of a tax to reimburse the same. Mr. CONKLING, (rep.) of N. Y., said there was certainly great hardship among the teachers and great dereiiction of duty somewhere. The Senate should take up the bill, without delay, and determine what ite own duty was in the matter, Mr. SPENCER said it-was important that this bill be passed, as the teachers were almost in a starv- ing condition, ‘The bill was taken up. It provides for an appropriation of $97,750 out of the National Treasury, to pay the teachers’ salaries from September, 1873, to March, 1874, and thatthe | District government shall levy and collect a tax on persona! property to reimburse the Treasury. The bill also provides that the money shall be disbursed goaer. the direciion of the Superintendent of Edu- cation. Mr. {HURMAN, (dem.) of Ohio, urged the passage of the pill, and said that a large number oi chil- dren in the public sciicols here were children of serstpaens employés, who did not pay taxes in ie District. In his judgment when this matter whould be fay investigated it would be seen that there was justice in the claim of the District for ald of its public schools. ‘The general government never contributed anything in lands or money for the purposes of education, and it was just that tt should bear some portion of the bur- den. He would support this bill, although it did Mot go 4s far as he would like to have it, Mr. MORRILL, (rep.) of Vt., sald there had never been any system of taxation here upon personal rty, and as the bill authorized such taxation it should be more explicit. Mr. SPENCER said the committee had taken this bill as it came from the House. The committee Was engaged in perfecting the bill culls to taxa- ton for school purposes, which wot pviate the necessity of any bill coming before Uongress for this purpose hereafter. Mr. StockTon, (dem.) of N. J., offered an amend- Ment to strike out the portion requiring a levy and collection of taxes on personal property to Taise meaus to reimburse the Treasury, and insert m lieu thereof a provision that the money should be returned out of the tax on real estate for scliool Purposes to be collected, Mr. BAYARD, (dem.) of Del., said Congres: was 12 @ Measure responsible tor the shortcomings of the officers which the federal government had Lie? over the people of the District of Columbia, le would vote for this bill, and trusted that the Proper committees of this and the other House would pertect sach measures a6 would prevent any such state of affairs in the future. ir. CARPENTER, (rep.) 01 Wis., said he would vote for the bil. He thought the mere declaration 1n the biil that the District government should and collect @ tax on personal property was su! cient. Congress had exclusive jurisdiction over the District. 1t was not an independent State, but corporated and created by Congress ior govern- mental purposes, Mr. Morton, (rep.) of Ind., said, only yesterday he saw two of these teachers who had not mouey enough to thy bread for their little families. He pone the bill would be passed as it came from the jouse. Mr. SPENCER said the adoption of the amend- ment o! the Senator from New Jersey (Mr. Stock- | ton) would kill the bill in the House. As it was a case of necessity and for the relief of a very deserv- | ing class of people, he hoped the bill woulda be passed witbout umendment. Mr. Stochton’s amendment was defeated—yeas 80, naye 27. The bill was then passed. THE LOUISIANA ELECTION BILL. The Senate resumed consideration of the bill to provide for a new election in Louisiana. Mr. West, (rep.) of La., said that all the infor- mation the Senate was in possession of was in re- gard to the form of the election of November, 1872, and didnot relate tothe fact. The testimony taken beiore the Senate committee was not to establish the fact as to who was Governor, but as to which one of the two contestants, Ray or McMillan, was entitled tothe seat in the Senate. The legality of the Legislature was the point at issue, but the testimony was so imperiect a8 not to warrant any in- terference by Congress, He denied the power of Congress to Overthrow the State government until it be known that such government was established in defiance of the wishes, intentions and votes of the majority of tne people. The right of Congress to interiere must be based upon two general grounds—first, whether it is conierred by the Constitution upon any given state of facts, and second, whether such state of tacts exists, The Senate did not know that Kellogg was not elected Governor, as the iniormation before the com- mittee related entirely as to what was done by certain returning boards. The question fur the Senate to determine is, how did the people of Louisiana really vote, and Congress Must determine that belore it had any right to interfere, In the Broad-Seal case of New Jersey, 1m 1840, Congress took a direct method of ascer- taining the iacts. Itis the voice of the peopie that constitutes the government under our institutions, and Congress has not in its possession any evi- dence worthy ol regard 10 show that Kellogg is Governor in violation of the consent of the gov- erned. It would be an arbitrary assumption of power without @ proper knowledge of the facts, yr Congress to order a new election. LOUISIANA SINCE THE REBELLION. He argued that since the war Louisiana had always been republican. In April, 1868, Warmoin was elected Governor by a majority ot 27,000 votes, In the fall of the same year Race, tne Seymour and Blair elector, was returned by @ majority of 41,000, The scenes of bloodshed that took piace in Louis- iana during that campaign were horribie to think ol, The colored people were intimidated, and where they made any pretence to vote they were assailed and beaten. In 1870, when everythin; was again quiet and a wholesome respect for jedera’ authority prevailed, when the colored people had Bome plotection, the republican candidate jor Auditor was elected by a majority of 24,500. The testimony showed that the election retarns in 1872 were manipulated and talsified by the tusion- ists, and {t was upon these fraudulent returns that the Senator from usin (Mr. Carpenter) de- clared that Mr. McEnery appeared to have been elected. That Senator had woven such a net of legal technicalities around the suoject, ‘was apt to be diverted trom the contemplation the important fact, who did the people of Louisiana elect Governor? In the New Jersey case of 1840, Congress sent commissioners to examine the votes themselves. The returns went for nothing. WHO 18 GOVERNOR ? The inquiry went. as to how the ballots were cast. ‘The bill of Senator Carpenter was predicated upon the assumption that there was no Valid Executive in Louisiana and the laws ef the State dia not per- mit one to be chosen until 1876; that there w: go valid Legisiature but an invalid one now en- acting laws. He (Mr. West) desired to say that the Legislature was not now enacting laws, and the laws of Louisiana would compel the election of @ new one quite as soon as Congress could provide tor it, Belore @ new election for the Executive could be ordered Congress must find not merely that Kellogg was not elected, but that no one was elected in 1872. Co! 88 knew that an election was held in that year, and that two candidates were voted for. If Congress had any duty in the tt ‘was to inquire which of the two was a that questfon had not yet been tried, investigation by the Committee on Vrivileges and Elections being a8 to whether McMillan or Ray had been elected Senator. The bill of the gentleman (Mr. Carpenter) was neither warranted by the facts nor applicable to the condition of political affairs in Louisiana. ‘The opponents of the present administration in Louisiana, championed here by Senator Carpenter, ‘Were not insisting pon whet Shey should calm as their rights, it they had any at all—the installment of McEnery—but upon a new election, Another chance to re-enact the game in which they nad been baulked, their attempt to capture the control Of the State, iatled. Hence all this virtuous indig- mation. If the supporters of McEnery believe they are in & majority in th i hay ehance to prove it in the tah” pedi Rotor THE STATE DEBE Mr. West was soaviticed that Kellogg was elected and would coutinue to uphold bin. Al he thought ouherwise he would advocate any consti- tutional reason loo! towards the installation of the nghtful Governor, stagnation of business in Louisiana was not the result of any political troubles, but was attributabie to the failure of the crops year after year and the unsettled condition of labor. The debt of tne State was ly Log Mented under democratic rule in and 1867, Raving been increased under the administration of Andrew Johnson's ey, $8,997,000 in _a@ period of eighteen months. The debt incurred by the Warmoth administration was $10,077,471. When the present admiuistration came into power the debt of the State was $29,000,000, To provide for meeting this three alternatives were presented— to pay it, repudiate it or compromise it. The people of the State had met with so many re- verses, especially the agricultural portion, thav they could not pay it; repudiation was distaste- ful, and the only alternative was to compromise, which measure was originated and endorsed by the Chamber of Commerce of New Orleans, largely, com; ‘of the Governor's, most bitter political opponents, In conclusion, he said not a particie or testimony had been brought forward to show anes Kellogg wae not elected, and until such fact De proven Congress had no right or authority to interiere. TBE NEW ELECTION LAW. Mr. CARPENTER said he had seen a telegram frou New Urieans stating that although the Legis- lature oi Louisiana had passed an act repealing the Election law, it had on the last day oi the ses- sion re-enacted it, ‘Mr. West said he had no knowledge of such pro- ceeding: Mr. HamILton, (dem.) of Md., said, being a member of the Committee on Privileges and Elec- tions, ae deemed it to be his duly to say something upon the Louisiana affairs generally, The lacts differed from those in any preceding case, and were Sled with evidences of iraud, tyranny and corraption. Mr. West read a telegram from Governor Kellogg, stating that he had been iuformed that some Oi the “last ditchers” had telegraphed Sena- tor Carpenter that he (Mr. Keliozg) had a bill be- fore him to repeal the new Election law. ‘he statement, he sald, was false, and they could have @ fair election under the new law. Mr. HAMILTON read a communication signed by J. ©, Zachary, of New Orleans, asserting that Mr. Kellogg had in his possession the new bill, which would give him controi of the whole election machinery. Mr. MORTON sald he had never heard of this until now. Mr, West said he had no knowledge of any such thing, but even if it was so, the charge came from the other side of this Chamber, and the com- Plaint of using election machinery came with rather bad grace from that side, Mr. BAYARD said i any meaning could be gath- ered Irom the remark of the Senator from Louis- jana (Mr. West), 1t wasan admission that such re- pealing act bad been passed, and Subsequently an act peeeer repealing the repealing act, so they can be produced irom the pocket of t! so-called Governor on the eve of an election, and all the Machinery which makes frauds 1m elections would be not only possibie, but bighiy probable, if Kel- logg should be permitted to occupy the piace he now does, Mr. WesT—The Senator from Louisiana does not adm.t anything of the kind. Mr. BayaRD—NO, sir, he does not admitit. He has not the candor merely says he does not know as tothe facts. He 18 professing to speak from special knowledge of the truth of facts in Louisiana, and says here to- day, in regard to this most important fact, he has no knowledge whatever. Mr. West—Aud he says the truth, He has no knowledge of it. He does not qualify it in any way. He never heard of it. It is new to him. ‘That is what 1 mean without equivocation or reser- vation in any way. Mr. BayaRD—It is 3 confession of ignorance, sir, in regard to important facts o1 which the geutle- Man protesses to speak. PINCHBAOK’S POSITION, Mr. HaMILtTon, resuming lus argument, reviewed the testimony taken by the committee in regard to Loulsiana—the election o1 Senators by two Legislatures of that State and the action of the committee. He would have preferred that tne whole Louisiana matter should have been inquired into and a report of the committee made upon the whole subject. If Kell was not the legal Gov- ernor of the State Pinchback nad no right to a seat in this Chamber, It must be shown that the Legisla- ture electing Pinchback was the legal one before his credentials could have the least efficiency. He re- ferred to the recognition of the Kellogg govern- ment by the House of Representatives, and said that action was not binding on the Senate. The President was compelled to recognize some gov- ernment in Louisiana, but only for the purpose of preventing vivience, and that recognition had nothing whatever to do with the validity of the government. Belore concluding his argument, at half-past four, he yielded for ® motion for an executive session, Which was agreed to, The Senate then went into executive session, and aiter a lew minutes the doors were reopened, and the Senate adjourned. HOUSE OF BEPRESENTATIVES, WASHINGTON, April }, 1874, ABOLISHMENT OF MILEAGE. Mr. Bunpy, (rep.) of Ohio, from the Committee on Mileage, reported a bill to abolish mileage to members of Congress, and providing that they shall be paid their actuaitravelling expenses to and from Washington once each session, He de- manded the previous question, which was not sec- onded, 69 to 71. air, MAYNARD, (rep.) of Tenn., moved to recom- mit the bill. Mr. Youna, (dem.) of Ga., moved to lay the bill on the table, ‘The House refused to lay the bill on the table, yeas 4, nays 169, Mr. BuND? again moved the previous question, and it was seconded. ‘The motion to recommit was rejected. ‘The bill was then passed—yeas 186, nays 49, THE APPROPRIATION BILL. The House then, at a quarter to two o'clock, went into Committee of the Whole, Mr. Woodford (rep.) of N. Y., in the chair, upon the Legislative, Executive and Jadicial Appropriation bill. THE UNION LEAGUB ON FINANCE, Mr. MELLISH, (rep.) of N. Y., presented the reso- lutions of the Union League Club ot the city of New York, disapproving of any action of Congress which shail tend to inflate the currency of the United States and indorsing Governor Dix’s mes- sage. Relerred to the Committee on Banking and Currency and ordered to be printed in the Record. Mr. Cox, (dem.) of New York, offered a resolu- tion reciting the existence of architectural defects in tne new State Department building and pro- viding for a board of three architects to examine 1t. Referred to the Committee on Public Buiidings and Grounds. There wasa@ good deal of the usual discussion over the salaries of employés of the House, some of which were increased and some reduced. The item of $50,000 tor folding documents was reduced to $25,000, and the number of folders limited to twenty. Only two pages of the bill were gone through. The committee rose and the House, at five o'clock, adjourned, THE SANBORN SCANDAL. pe SSO GES I Testimony of Assistant Secretary Sawyer of the Treasury—The Responsibility for the Collecting Contracts—Excessive Compensation—The Absence of Neces- sity for Special Collectors. WASHINGTON, April 15, 1874. Assistant Secretary Sawyer, of the Treasury De- partment, appeared beiore the Committee on Ways and Means this morning. His attention naving been called to the statement last made by Mr. Banfield, Solicitor of the Treasury to the committee, ne had sought this oppor- tunity to make @ few comments upon that statement. He did this in justice to him- self, tor there seem to be some discrepancies of statement between them. They were matters due to the imperfections of memory, but he was quite certain that in every case in which he made @ statement he was substantially correct. Mr. Banfield, he said, testified as follows:— “[ will say turther that I never have prepared any paper, be it @ contract or be it aletter, in- volving the signature of the Secretary of the ‘Ireasury except by his direction, either written or verbal, or by the direction of his assistant; itis impossible that I should do so in the nature and” course of the business, unless it can be shown that I am a@ usurper of the powers of the Department, which 1 think I am not; every one of these letters has been pre- pared in that way, and of course [ have from time to time prepared @ great many letters that bear the signature of the Secretary; that is inevitable in the course of business there; but I never know What letter he wants written until he telis me what he wants, and then it is prepared as best I can to meet his views,’ Assistant Secretary Sawyer, after turther quoting from Mr, Banfleid’s testimony, said :—In tne first place, Mr. Banfield had not read my testi- mony a8 it Was given or he would not have made the statement in the way in which he has; 1 did not say that in the summer time [had any conver- sation with him about a letter to Dr. Presbery; [ certainly do not remember having had any conver- sation with Mr. Banfleld or Dr. ‘Presbery about such @ letter in July, 1873; if it was called to my attention, I certainiy did not understand then as I did on @ later occasion the relations, or rather want of relations, which Dr. Presbe: with the govern- ment. There is nothing mandatory ia the letter. It ts simply a request, but yet tt is a request which I should not have thought {og ee Make if it had been explained to me ti ir. Preabery was simply an agent of Mr. Sanborn, and not an agent of the vernment. am convinced, — therefo1 Maer Mt. Banfeld ie right’ imeem re that it was called to my attention i must have ursory manner, been in a cursory and that 1 signed the letter because it bore the check of the solicitor whom I su; 1d to be pos- sessed of a knowledge ot facts which justified it. I did not know until @ very recent period that Dr. Presbery was ap agent of My, Sanborn, though J NEW YORK to state the fact. He | did know long since that he had been in the em- ploy of the government as a supervisor of internal revenue. In this connection Mr. Sawyer called attention to the internal evidence that the letters of intro- duction to supervisors and collectors of internal revenue, given by Messra, Boutwell and Richard- gon, and this one of July 21, 1873, signed by Mr. Sawyer, have a common origin. There was no guestion whatever that the letter of October 15, (873, purporting to be signed by Mr. Richardson, | was written in the solicitor’s ofmice, for’ it bore his check and the letier of July 21, 1873, alsu bears his check. In further review of the evidence of Mr. Banfleld Mr. sawyer said, “{ never gave an opinion nor held an opinion that the act o/ 1870 could Jairly bear a construction which would authorize such & contract as Mr. Kelse sought and finally obtained under the latter law; I never asked Mr, Banfield to give it @ con- struction broad enough to cover it, The only foundation for such a statement on the part of Mr. Banfeld is the fact that Mr, Kel- sey made a suggestion that Ss ceaaing of the act Was possible by which such a construction could be gies to it as to include cases not in the States tely in insurrection. Iam not prepared to state that 1 did not say that there ought to be a law under which taxes, not accessible by the ordinary means of collection, could be reached when with- pelt by Poweriul corporations from the govern- Mr. Sawyer further quoted and commented on the testimony of Mr, Garfield, refuting tue posi- tion of the nolicitor. He sald the general tens dency and effect of the Solicitor’s recent state- ment before the committee are to convey the im- Pression that the duties of the Solicttor in refer- ence to these contracts were scarcely more shan clercal; that everything that was done by the Solicitor was directed from the Secrevary’s office, and that very iittle was left to the judgment, discretion or direction of the Solicitor, Now if this be the view held in the Solicitor’s office It differs entirely trom the view lield in the Secre- tary'’s office, In the office of the Secretary it is understood and admitted that the question Whether @ coneract shall be made with any indi- vidual under this law is one which the Secretury alone can decide, and it AE id probable that the solicitor would consult, and has consulted, with the Secretary as to the general terms of the con- tract. Bat itis also understood when that ques- tion is decided that the making of the contract, the carrying On of all correspondence in reference to it and the odes of doing business under it, with the exception of the receipts of the money arising from the collections, are committed to the Solicitor a8 an agent of the Secretary for this purpose. The Solicitor is the party whose advice the Secretary would take on all matters connected with said contracts, subsequent to their being made. ifany question suouid arise as to the interpretation of ‘the contract or as to the propriety of any action done under jt the solicitor Would be tie person whose opinion and whose counsel the Secretary would seek, aud has sougnt. He woald not seek such counsel if he regarded the Solicitor simply as a clerk, He has in no in- stance been 80 regarded, but as a competent, sagacious lawyer, conversant with the provisions of the law itseil, aud with the relations of the Sec- retary to it; and abie to give advice and direction 1m its administration, The Secretary becomes re- sponsible for every act done by hinwself in its ad- uilmistration, and for every docement which he signs iM connection with that administration, Such is unquestionably technically the tact ‘The law imposes upon him and not upon the Solici- tor its administration and so does the law im pose upon the Secretary the execution and udministration 01 @ great variety of matters Pertaining to different branches of the public ser- vice, in every one of which, were he to do person- ally all that the-law imposes upon him, he would occupy his whoie time. The law contemplates that he shall use the brains and the hands of other persons, He, therefore, makes divisions in his otlice, to each one of which certain duties are assigned, and the head of each division takes personal charge of the matters pertaining to his uwn branch of the service. So, im the case of these contracts, to tie solicitor have been committed the drawing of the contracts and the general manigement of the work done under ‘hem, and whatever he has done has been sup- oxed in the Secretary’s office to be done, not undly and in @ periunctory manner, but intelli- gently, with his eyes open to the responsibilities the Secretary would assume by the adoption of his acts; and “1 judge,” Mr. Sawyer said, “irom the character of Banileld’s first statement betore the committee that the Solicitor in his acts concurred ple the view which I say is held in the Secretary’s omice.”” During the examination which followed Mr. Sawyer, m response to a question, said the com- ensation to Mr. Sanborn and others was tvo jiveral. Mr. Niblack, of the committee, remem: bered that the whole amount of money collected under the speciat or extraordinary contracia did not compensate for the scandal which had thereby been brought on the government, the character of which should not depend on money alone, Mr. Leopold, of the Treasury Department, made & statement giving his recollections of the circum- Stances under which copies of two letters ad- dressed to supervisors and collectors of imternal revenue, dated February 3, 1873, and Octover 15, 1873, signed by Messrs. Boutwell and Richardson respectively, printed on page 4o0i Part 2, Execu- tive Document 132, were ouitted from the first lot 3 papers transmitted to the House of Representa- ves. fa bias Fulton, for the district of Pennsylva- nia, Maryland, Delaware, New Jersey and vistrict of Coiumbia, made a sta:ement showing that Kelsey, Clarke and others had called at his office, showing the authority of the Treasury for their collection of legacy and succession taxes. The statement further showed that Mr. Fulton was at that time properly discharging the functions of his office, all the cases presented by the special agents being on record in bis office, THE WASHINGTON RING. General Garfield’s Influence Again tm the Getting of Contractse—Governor Shepherd’s Plumbing Business. WASHINGTON, April 15, 1874. Before the District Investigating Committee this morning Mr. Jenkins was called and testified that the letters of Mr. Chittenden were destroyed in February last. Upon a question by Judge Merrick as to the contents of said letters the witness declined to answer upon the ground that there were names of parties mentioned who might be innocent, as Mr. Oiittenden had informea him im Chicago that he would not swear to the trutn of all that was contained in the said letter. Witness stated that he had no doubt but that Mr. Chittenden had talsely represented his influence to them for the purpose of procuring money ior his services. The committee excused Mr. Jenkins until to- morrow morning, stating that they would in the meantime consider the advisability of examining him in private. A. M. Gibson, correspondent of a New York jour- nal, was called by Mr. Harrington, counsel for the District. Upon being shown a letter in sald paper tu which Mr. Harmer, @ member of Congress from Philadelphia, and other members of Congress were charged with being interested in the contracts of this District, he stated that he had got his infor- mation from triends of Mr. Harmer, but deciined giving their names, Pending the refusal to answer the committee re- tired for consultation. the committee reassembled at half-past two o’clock. Senator Thurman stated to Mr. Gibson that the committee had instructed him to say that the question propounded by him in the morning ses- sion as to who had given him information that Mr. A. C, Harmer was interested in contracts with the Board of Public Works was a proper question to be answered, He said witness could refuse to answer only on the ground ofits being a privileged commu- nication. He then explained to witness what was @ privileged communication; that a member of the press charging corruption upon men, either in public or private life, was not entitled to take ad- vantage of & deatieten communication, else he could scatter iibels broadcast without responsi- ea The direct question was then put to the witness :— “Who told 7m that Mr. Harmer was interested in contracts To this he repiied that while he was perfectly Willing to answer the question he desired time to first consult his informant. The committee | granted him this privilege, but reminded him to be ready to answer at to-morrow’s session, or by Friday at the farthest. Mr. Harmer made a sword statement and dis- tinctly denied that he was interested in any con- t or the profit of any contract in the District of at he was not a stockholder in the Metropolitan Paving Company, and of his own knowledge did not know of the existence of such a corporation. Dr. Filbert, of Philadelphia, was then sworn and testided that he was interested in the Metro- polttan Paving Company; that sald company was not now in existence; the other stockholders were Lewis Clephane. Hallet Kilburn, John 0. Evans and Mr. Ball or He did not know of any combluation of compantes tor the pur- pose of reguiating the ices of laying pavements im Washington; the cost of laying a wood pavement as from $290 to $3 per square yard, including | grading and the flooring underneath. The bloc! aveinents laid without the f ig would be thir- had contracts y-3iX cents less per square to the amoant of $700, or ion, 3 was ; vin, Money vetween $300,000 and 000, and the bal- ance in certificates and bonds; did not know that Mr, Huntington had any iaterest in any contract of the Metropolitan Paving Company. ©. E. Jenkins was recalled—Witness remem- bered reading a letter written by George R. Chit- tenden, dated May 30, 1872, to De Goller and McClellan: it commenced by stating that Colonet Parsons had arrived; that things are looking bet- ter; that we will get 100,000 and probably 1,000 ‘ards; that Generai Garfeld’s influence is work- ing weil; that 18 all he remembered of the letter; aiter the Sarees investigation began witness called on hittenden in Chicago; told him he would Medea f be called upon by the committee to disclose he knew of the De Gollyer and McClellan matter, and and McOlellan. He told. me that Parso! $15,000 and that William ©. Brown got $10,000, He afterwards acknowledged that he retained $1,000 of the Brown mopey, giving Brown hia note for jnested him to tell who aid in-} to the amount retained; that the balance of the notes were given to Colonel Kirkland, and that he (Chittenden) did not then know where Kirkland was, Mr, Golding was sworn, and testified tnat he knew one J. Hopkins, who was an inspector under the Board of Public Works; met him at the Capi- tol one day, and he asked me tf I was doing any- thing; 1 toid him I was not; he then asked me if I wanted a contract; he said it would require some money, but he could get a contract through Mr. popes the private secretary of Governor Shep- erd. Thomas Evans testified that he isa plumber by trade; that he had been in the business forty years; that it was imposmole for him to get a jov irom the United States government while Governor Shep- herd was in the same business. He stated that all the plombing work done by the government jor the t three years had been wone ey the firm of A. R. Shepherd & Bros. The witness cited a case where he had a contract with the government, sub-let him by a carpenter, in whicn he was not allowed to proceed with tue plumbing. CUBA LIBRE. The Impeachment Proceedings Against Presi- dent Cespedes, THE MAMBI CONGRESS IN THE MANIGUA, The Speeches Which Preceded His Deposition— A Severe Lesson to Repub! can Execu- tives—American Legislators, Please Take Notice. The historic document, @ synopis of which is given below, altnough reaching the public so long after the happening of the memorable event in which it originated, loses none of its interest or value a8 @ faithinl picture and exact record of the political situation in iree Cuba. It shows the patriots ina new and very favorable light. It demonstrates a respect forthe taw, and proves a determination On the part of the Cubans to pre- serve their constitution intact—that is worthy of imitation. It does credit alike to the great patriot President who bowed to the mandate of the Lezis- lature, and to the Representatives themselves, for inflexible firmness in what they conceived to be the execution of an unpieasent but imperative duty. The Chamber of Representatives of the Cuban Republic met in Bijucal, Jiguani, on the 27th of last October. There were present Salvador Cisne- ros Betancourt, Tomas Estrada, Jesus Rodriguez, Juan B. Spotorno, Luis Victoriano Betancourt, Ra- mon, Perez Trujillo, Marcus Garcia, #ernando Fornaris and Eduardo Machado. Salvador Cisue- ros Betancourt was called to the chair. Perez Trujillo took the floor, and, in the course of uis observations, said that the Cuban people, upon entering the struggle for their independence, had two objects in view—that of being masters of their own destiny and of ENJOYING HE BLESSINGS OF LIBERTY. In order to realize these objects the people had decided to perish rather than remain in slavery, and therefore adopted and swore allegiance to the Cuban constitution, where their rights are set forth and the guarantees of their liberties desig- nated. They did not wish to bend the neck toa new form of odious oppression, after shaking off the hateful yoke of Spain. Amid the din of arms a republican form had been given te the govern- ment, and the people’s representatives were now assembled to watch over their liberties, The peo- ple’s constancy and virtues throughout this strug- gle proved them to be amply worthy of that inde- pendence to which they aspire, It is in the solemn moments in which they were meet that the follow- ing proposition was submitted to the patriotism and judgment of the Legislature—namely, that the Chamber of Representatives, in virtue of the powers conceded to it by the ninth article of tne constitution, DEPOSE THE CITIZEN CARLOS MANURL DE CESPEDES FROM THE PRESIDENCY OF THE REPUBLIC, In support of this resolution the Speaker went on to say that the mistakes in the policy of Cespedes had been so numerous and notorious as to make comment upon them unnecessary, and hence the Republic telt obliged to do without the man of the only means of preserving the country’s liberties. Pursuing a personal policy abroad, not only had he been the cause of disunion among the patriots who from afar were aiding the army, but he had openly protected General Manuel Quesada, when the anathemas of the nation, as expressed by the unanimous resolution of the Representatives, passed in December, 1869, still hang over his head. Cespedes had also incurrea @ vote of censure when it was known that he had conferred extraordinary powers upon Quesada, which vote was, for patriotic motives, afterwards withdrawn by its movers. And not- withstanding this, when the death of the illus- trious General Ygnacio Agramonte and the depart- ure abroad of two Deputies made Cespedes think that le had secured his place for ever, he arrogatea to himself powers and faculties which constituted him Dictator and named the same General Quesada agent abroad, the instrument o1 his urational pro- port of the reso/ution moved by Perea ‘irujillo and, made it incumbent upon him to ask for the separa- tion of Carios Manuel de Cespedes from the head of man of the 10th of October, 1863, would con- tinue in the post where he had been laced on the 1ithof April, 1969; but there were end poweriul reasons ior the present action to admit of their being disregarded. Fortunately. the democratic form of government, which had been adopted in Cuba on tho 10th o1 April, 1869, did not allow any attempt to be made for the pur- pose of overthrowing it,-and least of all BY THE FIRST MAGISTRATE OF THE REPUBLIC; he who had sworn to observe faithfully and com- pel the observance of the constitution and laws of the country. But the acts of Cespeaes were so notorious, public and well known to all that it would be a crime if the representatives did not take notice of them and put au end to such abuses by isolating Carios Manuel de Cespedes from power in the not enter into the favoritism observed by Ces- pedes, which he had 80 often practised in con ‘er- Ting military rank to his irieuds and relatives, without any merit on their part, and placing them in the most elevated public positions against the voice of popular opinion and contrary to the interest and good of the country. He womld con- fine his observations to those infractions of the constitution, which were of greatest moment to all, and chese unconstitutional acts tended to the establishment of a Single power in the State. in the month of y last his brother, Francisco Javier de Cespedes, Chief of the Bayamo district, made a complaint against the members of @ court martial, because its sentence affected the complainant, the President, regardless of the law which makes the judicial power independent, con- stituted himseli—without any authority—into a court of revision, annulled the sentence of a court of original jurisdiction, and dictated a new judg. ment that punished all those who had taken part in the former proceedings, not forgetting the members of the court and the Judge Advocate, who conducted the trial. With the object of sup- porting the new system that had been inaugur- ated, and thinking, perhaps, THAT THE REPRESENTATIVES WOULD NOT AGAIN ASSEMBLE, the President introduced a new law of military or- ganization which was published in the last da: of May. He afterwards issued a circular to the commanders of army corps, delegating to them a la it of the extraordinary powers vested in him iy Co! 88, and in virtue of which the military new enabled them to bring before them the procecd- 1ngs Of all courts martial and to suspend, alter or annul ali their proceeain; These facts, in the opinion of Estrada, were sufficient to show the animus of Cespedes to overleap the bounds of all democratic forms of the Republic and to DIRECT THE REVOLUTION BY MEANS OF A DICTATOR- SHIP. The speaker said that there were two sacred motives which impelled the heroic Cuban people take inst Spanish rule; one Was to ate themselves irom the metropolis, and the other, to plant their liberties on the solid basis of popular democracy. id it ts just as criminal in any one to propose terms with Spain under terms that did not embrace the independence of Cuba, as to make attempt whatever against the rights of the peor’ le. frag cick = rr Ro the ee eee who. por the deputies in their motiol ident Cesped g against it ies. The first magistrate had committed ve offences inst the country, in systematically attacking the rights Of the ‘peop.e, The speaker remembered how on numerous occasions, tne Chamber had noted With indignation the Executive in matters connected with the election of national representatives. He also recollected sug thd coed ealiae hecwegn ihe two powers of 01 ret the State, Sta‘endorsea the flattering hi that had been entertained of seeing the faults of to- Gay corrected tomorrow. A desire of barmony | | | conduct observed by the | HERALD, THURSDAY, APRIL 16, 1874—QUADRUPLE SHEET 10th of October, 1868, well assured that this is the’ said that he deplored the dire necessity which | the government, because he had hoped that the | fatare, The speaker wouid | ngre: law above referred to had been published. ‘his | wer conferred upon military commanders | | whioh he ject. | tempestuous years of revolution, he was pilot of | The citizen Estrada was allowed the floor in sup- | ‘Was the only reason that could induce the Cham- ber to tolerate the proceedings of the Executive. The hour hadcome when the administration of Citizen Cespedes could not be endured. demonstrated that since January, 1871, THE PBRSIDENT HAD SEVERAL TIMES INFRINGED THE CONSTITUTION and fandamental laws of the land. The facts were that wherever President Vespedes bad been there the articles 8, 9 and 16 of the Electoral law were transgressed and also the sixth and twentieth ar- ticles of the constitution. It waa, therefore, appar- ent that the tendency o/ the President's course was to accomplish | THE DISSOLUTION OF THE CHAMBER OF REPRESEX- | TATIVES, £0 that the heroic It was ATi ple of Cuba, who have sacri- ficed so much, might at the end of five years find | themselves deprived of the defenders of their leg- islative rights and of their liberties as well, and that they mignt easily pass under THR YOKE OF THE ASSABSIN OF LIBERTY. Citizen Fornaris manifested sentiment in pres- ence of the necessity which existe of de, the First \ trate ol the Republic, He mentioned the unjust suspension from command that had been suffered by Major General Modeste Diaz irom the month of March last; the trial of Colonel francisco Guevara by the ‘Secretary of the In- | terior, Citizen Mignel Bravo y Santies, and the | transferring of this case to the Joriediction of Brigadier Francisco Javier Cespedes, in whose division Colonel] Guevara commanded a regiment, which trial was ordered for the purpose of finding out if, in times long gone by, Guevara had used, in conversation, some phrases that were offensive tu the present administri Uon, and that, notwitnstanding the wholly ii suMicient proof which was brought against th: distinguished officer, Colonel Guevara had been sentenced to a month’s suspension from command. In consequence of these and other arbitrary acts on the part of the Executive the speaker thought that President Cespedes should be made responsi- ble to the Chamber, and therefore he supported the motion of Messrs. Truxiiio and Estrada, Citizen Spotorno claimea the privilege of the floor, and in a few expressive, frank phrases, ac- knowledged the urgent necessity there 1s for vo ing 1m Savor of the proposition. President Ces- pedes should not be aliowed to use the privileges | Waich te constitution concedes only to the legis- | lative pody, In contravention ot the law he had, | of his own authority alone, nominated and made pecrebarica to tl the differens branches cf the Jabinet, Brigadier Marcus Garcia held the Fresident re- sponsible jor the unhealed wounds inflicted upon the Army 1 the Villas, whose interminable mis- Jortunes MERITED THE SYMPATHIES OF ALL GOOD MEN. When a large portion of the patriots of Villa- senor, who had passed through many dangers and privations, reached Camaguey, soliciting arms and means to conunue the war, they were received by the Executive with a criminal indifferenc When many of the Cubans presented taemseiv the..enemy in Vamayuey those groups of unarmed men were incessaut victims ot Spanish ferocity, and m.ny of _ their skeletons bleached along the road from Magra- bamba to the trocha 01 Camaguey, appealing, like a standing protest, against whe ueediessness of the government of Cespedes. The forces of the villas, to the number of 1,600 men, under the command of General Salomé Hernandez, still hoptng to re- ceive aid Irom the Executive, took up the line of March and burned their last cartridges, after which they determined to remain at Camaguey rather than again vow the neck to Spayish des- olism. Althouysh this was at the time when the Venezuelan expedition reached the coast of Cuba, thee Were again doomed to disappointment, many oi them PERISHING OF MISERY AND SICKNESS, This 1s the dismal picture which the column of the Villas presents, whose enthusiasm, if properly seconded, might have led even to the gates ot Havana, But the administration of Cespedes is alone answerable for many calamities, suffering and useiess martyrdom. The citizen Garcia aiso charged that the President had violated the con- stitution by estabitshing special military honors in his published additional articles to the army regu- lations, and in having attempted to impede the reassembling of the Chamber. He concluaed by energetic denial of the calumntous report spread by the President whtch attributed to the Chamber auy idexs Ol treason or treasonabie combinations with exiled Cuvans, also the suggestion contained intne President’s last message, in which it was intimated that the quarreis of the Executive and Legislative powers would lead to rebellion and brigandage in the country. ‘The citizen Rodriguez proceeded to express ns opinions. After animadverting severely upon the policy of the Cespedes administration, he said that the principal reason of his present action was based on the fact that President Cespedes bad ar- rogated to himself the extraorainary war powers and had issued the circular of the 10th of July last, by which tie modified the organization of the judi- cature and had SWEPT AWAY ALL JUDICIAL CONSTITUTIONAL GUAR- ANTBES. In addition to these abuses of authority, the Presi- gent bad in many ways violated the constitution adopted by patriotic suffrage. ‘The citizen Luis Victoriano Betancourt was the last who spoke to the motion. He asked how long would the Chamber bear with the President's abuses, and until what time must his name be made the symbol of disorder, injustice and tyr- anny? fo-day, when the enemy showed his back to the patriot soldiers, to-day, When the earth was | covered with Spanish blood and the sky illumin- ated with the glory of Cuba, it 1s not outside enemies, but inside foes, that we are to lear. The Chamber, which represents the peuple, must be FIRM AS THE ROCKS AND COLD 48 ICE. It should proceed freely to depose Carlos Manuel de Cespedes from the high office of President by the same right which it exercised in the case of the citizen Manuel Quesade, general-in-chief of the liberating army, and by the same means which it will use in deposing all who do not ovey the law. IN REVOLUTIONS THERE ARE NO INDISPENSABLE MEN, and the Presidency of the Republic is not a place that can be conferred like a seat in the theatre, nor can it be inherited, like the thrones of kings. Does the President think that the destinies of the people can be trifed with, or that 8 to remain in ower to the end of time ? Aral has a prophetic K called the Koran; Rome has a sacred one, that which is the Bible, and Cuba possesses a volume the Uonstitution. In this Republic he transgresses the constitution is unworthy to direct democracy or to guide the country’s des- Unies, Inthe free town of Guaimaro the free people of Cuba invested Carlos Manuel de Cespedes with the Presidential toga, and he ascended to this elevated post not by his individual will, but through bis merits and the sul- irages of the people. During more tnan four the new republic, and in this memorable time he ran against many rocks and snags in his course, because of not following the luminous tracks of Abraham Lincoln, the father of negro emanctpa- tion, and of George Washington, the father of American liberty. I well know his valor as a sol- dier and his sufferings as a eo but | also know that the President impeded the co-existence Of the three republican powers of government. HE PLACED OBSTACLES IN THE WAY OF CONGRESS RE-ASSEMBLING, he invaded the inviolable precincts of judicial pores and pretended to make himself superior 0 What knows no superior in the world, that is, popular will, He touched with a daring hand the book of the law, in place of lay- ing down all bis pride and ambition on the altar ol his country, and of remaining on bended knee constitution. Hone vote was now taken and the motion car- troduced @ motion by which the President of the Chamber, Salvador Cisneros, was called, in con- formity witn the provisions of a decree passed on the 18th of April, 1872, to the chair of the executive ower in place of the deposed President and until he absent Vice-President of the Republic could return to the country and assume the reins of overnment. The Président substitute then took 118 Oath oi Office, promising to labor for the happi- ln Of the people, asking that the wrath of Cuba an THE CURSES OF HIS FELLOW CITIZENS Might fall apou bim in the event of his not comply- ing with the duties imposed by this great trust. Signed, EDUARDO MACHADO, Secretary. MEETING OF THE ERIE RAILWAY DIREC- TORS. before the consecrated host which is called the | The citizens Estrade and Fornaris then in- | 7 BENDER IN UTAH. The Kansas Assassin in Charge of the Mormon Police, EXCITEMENT AT SALT LAKE The Whole Family Likely To Be Captured. Sar Laxe Orry, April 9, 1874, The whole civilized world was shocked at the first announcement of the barbarous murders that were committed upon the plains of Kansas apout ten months ago by the Bender family; indeed, it was with diMiculty that the story of those whole- sale assassinations could be believed. Still the bodies of the murdered were found, and the fiends had fled without leaving a trace of the path that they had pursued to escape the penalty of the law, and have hitherto been only too success- ful in evading the oficers of justice. Let us hope: that we now have reached the turning point in the dark route tuat they had chosen, and that we are in possession of the key tnat will unlock the mystery. I have telegraphed to the HERALD this. evening of the incarceration of the old man Ben- der in the city jail here; but tnere are detailed circumstances about his arrest and his personal life and appearance that ought to be given to the public in the hopes that evidence may accamalate against the murderers, and thai fact may be adaed to fact in bringing home the certainty of guilt to them all, ‘The following is the description given of the old man Bender in the circular issued by the authori- ties in Kansas :— OLD MAN BENDER. Old man Bender is fitty-five to sixty years old, about five feet seven inches In height, round shouldered, dar« complexioned; has heavy bea: sbort: bair long and dark, mixed with gray; heavy eyelashes, sharp nose, hands spare, with prominent cords om the backs ; Wand sluggish, weight 140 to 150 pounds. He had s , downeast look, and was grim and surly in his deportment. His voice seems to come rather from the breast than the mouth. He speaks English ina very broken manner, his native tongue being Low Dutch. He has been wandering now ten months over the plains and in the mountains, so that he cannot now appear with “beara short cut;’’ it is long and matted with dirt, His complexion is not dark; but with that exception the old man Bender that we have here answers in every particular to the above description. There is nothing of a flerce murderer’s countenance about him, but there is in bis whole appearance so little of human in- tellect that it is easy to belleve that he is one of the quartet who murdered and robbed the unfortunate strangers who chanced to call at the ranche for refreshment. This Bender was capa- vie of witnessing all such work, and taking any purt in it, without the slightest inconvenience. He might not think it right to kill any human being— that Is, that the act itself was not exactly right— but it was only a step beyond picking a pocket; and more than that, the whole Bender family never seem to have travelled mentally. Had they ever thought murder a great crime and punishable with death they never would have buried the bodies of their victims in such @ care- less manner as they did. They would not have leit their work to 80 easy a detection. A glance at the prisoner here to-day would satisly any reader of human character that he was capable of doing his fui share of the Bender work in the way that the Bender family did it, He 18 not a demoralized being—he never had aconception of morahty—he Knows nature’s wants, and he has thought of nothing higher— hence to human brates of that order the Kansas series of murders was a possible aud = likely thing. In these particulars, then, the prisoner answers physically, mentally and morally to the Bender of Kansas. SURPRISE ON BEING ARRESTED. The presence of such a stranger in a thinly occu. pied country where he was apprehended was at once against him. He could not tell where he came from, and when informed that he was appre- nended on the charge of murder and that he was supposed to be the notorious sender, he threw up his hands and drew attention to the fact that the little finger of nis right hand was entirely gone, aud halt of the little finger of his leit Rand was also gone, and added that he could not e committed so many murders, that he was physi- cally incapable of much bad work. Here the French axiom was clear—“He that excuses ac- cuses himsell!,” and to that he is said to have re- marked—*Bender had not lost his fingers!’ Shortly after his arrest in Sevier county he was taken to San Pete county, where there was @ jail. While he was held there, a young man, a stranger, asked to see the prisoner, and the Jailer admitted him, and the visitor and old Bender had a familiar talk, and gave evidence of @ personal acquaintance and interest in each other. In old settled countries this might seem too great a tree- dom tobe permitted, but in the Western wilds there is no rule beyond the whim or disposition of the moment. The stranger left, and has since been tracked and arrested as young Bender, and in three days more will be in the same calaboose with his jather. He aaswers to the official adver- tisement in all particulars except that in the eir- cular he is said to have @ scar on one hand, while the scar is found on the other on the young man now in prison in the South. I QUESTIONED THE OLD MAN to-day, and with the aid of a Mr. W. L. Crane, who was in the office of the County Clerk, in Pike county, Illinois, in 1866-7, I am satisfied that he answers to the Bender of Kansas. The prisoner admitted that he had a brother-in-law of the name of Schmidt, who died in Pike county at that time, and that ne had been appointed the administrator of bis small estate, where and when Mr. Crane had occasion to see him, and immediately re- cognized him in jail to-day. Bender admittea to me that he was tarming in Kansas after that, anda Mr. E. F, milnoan, who had been in the em- ploy of the government and supplied the Indians on the Osage reservation, assured me that he had almost dally seen the prisoner at Bender's ranche for months, and knew him tobe Bender. Mr. Mil- hoan was engaged in constructing @ road past Bender’s place to the reservation, and saw no ditlerence in the Bender there and the Bender here than fatigue and restiessness. BUT THE TWO WOMEN are still at large. Late in the iali a woman came out of the mountains into the outskirts of Provo, jorty mues south o1 this. She was almost naked, and seemed at times mentally deranged. She told contradictory stories of her past Ife; but gave out that sne had_ been disap- jointed in love and had wandered from jolarado into the mountains in Utah. Pity for a woman in distress induced @ Mormon sister to give her a home and clothes, and alter a little stay the strange woman left again for the moun- | tams. ‘There seems a probability that the whole Bender ii has beeu in the Watsaich range of mountains all winter. They must have had great difficulty in finding the means of prolonging life; | but the Indians may have aided them, and what | with the berries and roots to be found | before winter in the mountains they may have | provided for themselves. At all events they never | came from Colorado to Utah in the winter time. They must have come before the snow tell, and the fact that they have been found on the west side of the mountains within the last few weeks shows conclusively that they have been concealed as be- fore stated, SENATOR A. M, YORK, of Kansas, whose brother, Dr. York, was the last victim of the Benders, ts futly satisfied that the prisoner nere is “the old man Bender,” and urges Governor Osborn to make requisition for him, The President to Prepare a Statement Refating Ex-Auditor Dunan’s Accusa- tions. A special meeting of the Board of Erle Directors ‘was held yesterday morning at the Opera House. It was expected that Mr. Watson, who was pres- ent, would offer an explanation and denial of the charges recently made by the ex-Auditor of the Erie Railway, Mr. 8. H. Dunan, but owing to the shortness of the time which has elapsed since his return from Europe he bad not been able to prepare it, Mr. Watson reported the execution of @ contract with the London Banking Association for the issue of $15,000,000 of the bonds of the company, which was approved by tae Board. He also reported that about $25,000,000 was sub- scribed, being an excess of $10,000,000 over the mount of bonds offered. The subscription price is to be paid bere July 1 of the resent year. The Pres stated that he extraordinary charges of ex-Auditor Dunan had reached him in detail only since his return home; that they were baseless and fraudu- lent; that he was now engaged in a careful ex- amination of facta and figures necessary to refute these charges. This refutation he oe to be able to complete in a day or two, which he would submit to the Board and to the public on or about Tuesday next, the 2ist inst. He positively assertea that there was nothing in the affairs of the et had any desire to conceal, and thal he had not the slightest reason to doubt the correctness of the accounts of the sr Toe Board approved the action of the President while in Europe, in that Messrs. Morgan, Raphael and others in London should unite in appointing a public auditor to come here from London and ex- amine thoroughly all of ae thie date. [tis understood that this action hi Se ane cae ‘and that Messrs, Tarquand & Co. and ‘ter, Ball & Co. have been selected for this purpose, oar Meeting of the Board was called for Tuesday next to consider Mr. Watson's statement. but the Governor seems very slow and apparently would like the authorities of Utah to take the prisoner to Kansas rather than to send for him— probably concluding that Kansas might save some expenses, The following letters require no com- KANSAS RED TAPE. 1 ‘ccm Lang meron t Frick oF Exxcurive Daranraney, Torexa, March bas Axprew Burr, Chief of Police, salt La! ‘ity, U. Te Sir—Governor Asborn directs me to enclose you the letters, which you will, find — herewit from A. M. York, of Independence, 8 brother rt f vicums of the Ben: re ot one oO . der family, in answer of y letter of the 3d man now under " h otogra| if arrest in Urano Te identification as the pl ph ot arrest in Utah Territory awaiti old man Bender. The reward o authorized by law, viz, :—$500 for the to Lafayette county, Kansas, for the ber of the Bender family. Ver: fully, member of the Bend ee MORRIS Private Secretary, SENATOR YORK’S LETTER, rd countv, Kansas, March 16, 1874. Sixi—l enclose opinion of Bender! neighbors of the picture fal Utan, It is the first oy, ie pictures sent here for ident ave 80 much as favored any of the family, in my ode. t it ts the picture of the old man Bender, it #.to me that the stayements of his former neighbors ly Justify sending for him. Very "s M. YORK. BROOKLYN AFFAIRS. ‘The Kev. Dr. &. B. Porteous delivered his lecture Plymouth charch on “Clerical Wits te Saas Parone” There was not @ large at- ‘vendance present. Clemens Doran, who was sent to the Peniten- tiary for three months for assault and battery, jumped from the second tier to the stone pave- | nent beneath, yesterday afternoon, and sustained injuries of a fatal character, When sail ‘was (ound to be fractired hs broken ana he was internally injured. to have been laboring under @ py Aye tion of mind, as he could not make his escape by taking this remarkable leap,