The New York Herald Newspaper, October 17, 1877, Page 3

WASHINGTON. | Skirmishing Before the Battle on the Southern Question, “PABIAN POLICY OP THE REPUBLICANS. Measures for Relieving the Supreme Court Docket, THE APPROPRIATIONS FOR THE NAVY. | FROM OUR SPECIAL CORRESPONDENT. Wasutxcrow, Oct. 16, 1877. THE LOUISIANA SENATOR QUESTION UNEXPECT- EDLY POSTPONSD—FEELING OF THE BEPUB- LICANS ON. THE SOUTHERN POLICY. The democrats did not complete the rehearsal in caucus this morning of the speeches they intend making on presenting Mr, ‘Spofford to tho Senate and so that event was, wnexpectediy postponed, to the great dolght of some of the ad- ministration republicans, who have a svorot hope that Spoffurd may yet ontirely blow over, Some of these gentlemen believe in the President’s Southern Policy as the Maine candidate was in favor of the liquor law, but opposed to enforcing it., The friends of the administration see that they are coming to what a Western man called the prevarication of the roads, and they are strongly inclined to go slow. They would like to avoid tue fight which ts before them, and would be glad to compromise on anything short of a total surrender, The result of the Ohio election seems to have dishearteued some of thom. (It bas at least made them so cautious that they are + Wkely to Joso the initiation in the coming troubics, The anti-administration repuablictns meantime are by ' po means discouraged, They say privately that thoy will “smash the administrat and they “evidently ‘expect to do 0, The Senate Fepublican caugus to-day consulted together with a , View to secure unanimous action, but no agreement to * this effoct was reacned. Thero isa report this even. Ing that the republicans of all kinds are now desirous ~ df a spgody adjournment of Congress, being inolinod ~ }0 put off to a:later date those,mattors on which there will arise serious differences, It 1s certain that both the Bouthorn and tho civil service policy of the President ~ will meet with vigorous opposition in tho Senate and * that a set attack will be made by ropublicans in both houses on tho President's civil service order, together ‘with an attompt to prevent the confirmation of many of bis appointments, § On the the whole the President finds himself just Bow atthe same point where General Grant stood within a month after he became Presidont, when he demanded of the Sonate tho repeal of the Tenure of ‘Office act. Whon the Senate showed a firm front General Grant gave way, and that was substantially the end of civil service reform under his administra- * tlon, big subsequent rebellions against the Senate’s dictation having been feebio and ineffective, _ TRE UNITED STATES COUBIS—SOME MEASURE NECESSARY .TO, RELIEVE THE PRESS.OF BUSI- NESS—JUDGE DAVIS’ PLAN’ FOR ‘INCREASING THE NUMBER OF CIRCUIT JUDGES—CONDITION OF THE SUPREME COURT DOCKET. h ‘The plan for increasing the number of circuit judges elaborated by Judge Davis, of Illingis, and Judge , Drummond, and which was made public in. tho Hegavp last Saturday, has attracted much attention here among prominent members of tne Bar. Every- body is agreed that some chango is necessary, and the plau of Judgo Davis to double the number of circuit ! Judges, and form with them and the district judges an \ntermoaiate appellate court for certain classcs of , Sauses, i» generally’ admitted to be sound ¥o far as it goes, Bat many uablo lawyers here say that it does not go far enough, and that it would not after all relieve the Supreme Court, which is now Grivvously overburdened, I! Senator Davis shall bring forward bis plan this winter an amendment will probably bo -offered to ig Increusing the number of Supreme judges (at presout nine) to cither fifteen or twenty-one, and dividing the court ingo three sections, to cach of which should bo committed the trial of a special class of cases. For Instance, the first section would try equity cases, the second common law causes, and the third admir- alty, revenue, patent and copyright causes. When- ever & caso involving & constitutional question came up the whole Court would hear and consider 1 The necessity for such a division is found in the manner in which the Supreme Court transacts its business, which differs,/rom that of most other courts, In tho State courts each caso is referred to ono of tho judges composing tne bench, who con- siders it ‘and writes his opinion, which is thereupon read to tho full bench, and it they agree Wt becomes the decision of tho Court. But all the judges of the United States Supreme Court separ- ately consider every case bofore them; each brings his opinion to the consultation, and the general opinion, which is that of the Court, ig then made up after con- pultation, It is easy toseo that merely to increaso She number of judges of the Supreme Court would not lighten their labors, but would rather tend to increase them, as tho largor number consulting tugether would use morotime, To increase the number of circuit Judges, and form an intermediate Appellate court {or triminal cases and for casos in which less than $10,000 \e at issuo would help the Supreme Court somewhat, but not much, as there would always be a great desire to have important cases go up to the highest tribunal, Everybody admits, bowover, that the numver of Circuit judges should be Increased ‘at once, and it is even proposed that thers sball be three Judges to cach of the present circuits. The circuits are so great that as population has. increasea the business has grown out of bounds. For instance, Judgo Wood's circuit includes the States of Georgia, Florida, Alabama, Mississippi, Lofisiana and Toxas, Judge Emmons? éiréuit inctudés Ogio, Michigan, Kon. tucky gnd Tennesseo; Judge Dillon's, Minnesota, Towa, Missouri, Kansas, Arkansas and Nebraska. It Is urged that with ubree circuit judges for each cir- uit it would be possible to form, with the district Judges, un intermediate appe'late court in each cir- tuit, and not work the circuit judges to death, The Sapreme Court has now about ove thousand tases on the calendar, By very bard work it cau get through about three hundred and fifty cases in a year, It may therefore be said to be three years bebindnand, which is a very rerious matter, The Court ought to be strong enough to clear its docket at any time with- in a year, Justice tong delayed is no better tuan Jastico denied; and with the oxisting aud \nereasing tendency to bring important causes pefore tho federal Courts, rather than before Btato courts, with their elective jadiciary, and the batural propensity of litigamts to carry cases to tho highest court on appeal, it is not probable that the business of tho federal courts will decrease, It is more likely to increase constantly. Judge Davis’ plan, to increase the number ot the Bircuit judges, hus, In the opinion of tis friends here, one advantaye—it does not neod a ¢onstitutional Amendment; Congress is competent to enact it. It 8 B0t cOrtain that tho plan of increas- ing the gumbers of the Supreme Court and dividing it into sections would require tho authority of @ constitutional amenument, Judge Black and wovoral other eminent lawyers here are said to hold ‘Vhat it does not, while ovhers believe it would, But a sonstitutional amendmont of this character, baving the consent of the Bar of the country and having no political bearings could bo easiiy and quickly paseed it jt were once agreed on in Congress. The whole sub- ject is likely to come up this winter for thorough dis. ssion, hes a FROM OUR REGULAR CORRESPONDENT. INGTON, Oct, 16, 1877, THE SENATE COMMITIEXS—EYYRCT OF THEIR CONTINUANCE FROM LAST SESSION UPON THE CONTESTED SEATS, Undor the rules of the Senate the standing and @ther committees of that body expire with evory ses sion of Congress, and coasequentiy whatever busi- ness may be before the committecs talls with the Sesion. This important fact bears directly wpop the credentials of Messrs, Butler aud Corbin, of South Carolina, and Eustis and Kelloge, of Louisiava, and these papers, instead of being in the hands of the Committee on Privileges and Elections, are now in the custody of the Secretary of the Se: waiting new action, Search was mado tor Mr. Kellogg's credentials, but as they could not be found in the committee room or in the files of Secretary Gorham tho probability is that the Chairman, Senator Horton, bas them put away among bis private papers. Tho issue, therefore, of disposing of the claims ef the several contestants, will be renewed to-morrow with the question of reterence to the new Committee on Privileges and Elections, the personnel of which is the same as last session, having been continued by the adoption t of Senator Edmonas’ resolution, ‘The fact that’ the qiestion of reference must again be brought before the Sepate entirely changes the in- tended tactics of the democratic side, Mr. Eusti friends say now that they will ask that his claims be fret considered, is credentials being only for the anexpired term for which Mr. Pinchback was ory iy elected, This they think will draw the Gre of the republicans, as there can be no possible objection to seating Mr. Eustis now, ex- cept on partisan opposition to his ciaim to tho seat, Senator McMillan, of Minnesota, is on record as veho- mently protesting against the outrage of depriving Louietana of hor just Fights on the floor of tne Sonate, GENERAL WASHINGTON DESPATCHES, Wasntnatox, Oct, 16, 1877. ‘THE NAVY APPROPRIATIONS—-RKEPORT OF THE SECRETARY ON EXISTING DEFICIENCIFS— HOW THE FUNDS HAVE BEEN MISMANAGED IN THE PAST, The following is a atatement of deficiencies tor which appropriations are asked by the Sccrotary of the Navy:— Pay of Navy—Amoant Seligman Brothers, Lon- dou; miscellaneous Ms urrising ope arrears of pay, &e ; Naval Hospitet Fund; pay of Marine Corps. Other deficiencies exist lor sums due fore construction and repairs arising out of contracts with individuals for clothipg, steam machinery, timber, &c, These will be communionted @t the approaching regular ses- s10n, it The Seorctary states that tho dificulties attending tho adminiatration-ef the finanoéy of his office have grown out of the diversion of appropriations from the speciul objects to Which they had been uppliea by law and their expenditure forother and difleront objects for which appropriations bave been insuflicient, This has been occasionea by th: i that Congross has fre. quently appropriated. less thau the wants of th vice demanded, This was specially the cuse |i The Secretary continues, ‘that it has bo Recessury sometimes to borrow from one fund $ ald another, but not seem . that an: woh = justification can exist in cases where borrowing is designed to make up deficient ious tor special purposes, Such a courac, het! would be manifestly attended with the consequemop thut it would onavle the Secro- tary to substitute hisown official discretion for vhe requirements ot law: there would be no legal limit to ‘this discretion, and defieiencics would exist or not ac- cording to his pleasure. He is unwilhog to assume this responsibility, and prefers to administer tho affairs of tho de; ont in strict obedience to the will of Congress... Thus: deeming at the commence- ment of bis he states tuat he has not allowed any portion of the appropriations for the present fisonl year to be oxpended before the year commenced. itis object primurily was to secure a sysiom of administration by moans.of which tho anoual appropriations ef the departwent can be more easily and accurately ascertained, and the causes of a deficiency be. more certainly and satisfactorily known. It 18 the rigbt and duty of Congress to direct such To- suite to be accomplished as iu its opinion the public necessities and interests may require, He does not think it right that the dopartment shall seek to accomplish ot contemplated or directed bj Cc The depart tis Vee Vt Congress, e ment is Ube creature o! and exists only at the will and pleasure of the Jaw, is responsible for not doing what) the law directs: to be done, but ia not responmbie for 1g to accomplish What the law doos not direct, Ihe seoretary statos that acting 08 this principle he found it necessary to omit the pay of the officors and mon ot the navy for the last quarter of the last Hecal yoar us the appropria- .tions made by Congress were insufficient, anu it was Rot possible to make tho payments without drawing ‘Upon the appropriations for tho present fiscal yoar in advance, Sohe@has regarded it as tho better course to tres ntpainaiatoey as belovging to the Just fiscal avoid: apy. ency for the present year an- it shoth @eige, Recessarily Out of the omission to make the appropriauons, by rosa caput be tally aceomplisbed without ol Congress, to ve Ao renderod the. business: properly cbargeeble to. the last fecal year'to bo closed up as tar possibie by the payment of the existing indebtodness to the off. cers and mem of the Davy, 80 that the departimont will be enabied to confine all the s»ppropriations for the present fiscal year to tho objects and within the amounts tifed by law... Ii thereby somo of the branches of the service sulfer temporarily and some objects remain wnaccomplished, it 18 better they in go until additional appropriations are made thap that the department should exercise tho discrotionary power of ‘creating deticiencies,’” The present deficiency in the tund for the pay of the navy has continued from year to year back to thy Jato war. 1t 18 not, therefore, chargeable to any oxo Year, but has been occasioned both by insullicient os- Umates and insufficient appropriations, the lawer having been for eight of the last nino yeurs consider- ably Jess than tho estimates. This state of tacts sug- gests the inquiry, How has the dopartmont been ena- bled to pay jor a series of years a sum larger than tho Appropriations for the same vears.- is, with o continuing deficiency solution can only be reached by ascertaining how and from what appro- priations money has been placed in the bands ot pay- Masters On foreign stations Altor entering 1nto a lengthy discussion of the man- ner in which money for the pay of officers and men has been borrowed from one fund and anvtuer, the Secretary states that tho amount unnuatly due officers And colisted men of the nuvy4s settled by statute, and the department bas no control over it, and has no such disc@ption as will enable it to. economize in the annual expenditure, even were it desirable to do s0, Considering ail of tho embarrasements of the situa- Vion, and to place this fund in the position desired, so tbat the annual —appropriaty therelor could be advisedly made by Congress, witu- holding the payments for April, May and June last Was absolutely unavoidable unless a portion of tne ap- Propriation fur tho present fiscal year had been ap- Plied to that purpose. If thw had’ uot been done the deliciency would have beeu chargeable to the presont year, where it does not broperly belong, instead of to the jast year, whore 1t does belong. ‘There’ 1s now duo on this account the sum ot $1,446,688 16, tor which it is necessary to ask an appropriation by Congress, there also due jor me quarter the sum of $311,953 63 advanced tor foreign servic by the ts of the government in London, ex- um shown on the pay rolls. ‘These sums added make $1,758,641 69. ‘There ie also due to officers on account of arrearage and differcace of pay $150,000, which, added to tho Joregoing, makes $1,005,041 69 due tor pay of the navy and uecessary to be appropriated for that purpose. ‘There 13 now duc to the Hospital iuod. $50,000, which, in consequence of tue relation between this and tho pay fund, snould be added to the foregoing, making a total deficiency of $1,958,641 6 tho pay ol officers und ‘enti in the Marine corpa was deficient at the close of the last fiscal yoar by tha sum of $4,219.58, ion is necessary. ‘This, addod jor which aa upprop the amount above stated, makes tho total deticioney ked tor by the Secretury $2,003,861 This ap- propriation, !t 1s believed, will enable the department to avail itself more satisfuctorily of the advantages arising from tbe more prompt settlements of the ac- counts ol paymasters iu making up its annual esti- Mates of expenditures and thereby cuabie Congress to ascertain with greater accuracy the sums nuouaily necessary for the support of the navy. It {6 clso be- lieved 16 will secure greater ecouomy in expenditures, ANTICIPATED NOMINATIONS BY THE PRESIDENT, It ts probable that the President will to-morrow noin- inate to the Senate General Harlan, of Kentucky, to bo Associate Justice of the Supreme Court; Theodore Roosevelt, to bo Collector of the Port of Now York; E. A. Morritt, Naval Officer, and dir. Beuedict, Surveyor, of tbe same port, as the Cabinet to-day definitely sot ted upon those appomntmonts, THE PRESIDENT’S MESSAGE. Fau.ow Crrizexs oF THR Senate ano Hor RESENTATIVES — The adjournment of tho last Congress without nak. {2g apvropriations tor tho support of the army for the present fiscal year has rendered necessary a guspen- sion of payments to the officers and men of in@sums due them for services rendered after the s0vn day of June last, The army exists by virtue of statutes which prescribe ite numbers, regulate its organization and employment and which fix the pay of its oflicers and men and declare their rights to receive the same at stated periods, The statutes, however, do not authorize the payment of the troops in the absonce of specific appropriations therefor, The constitution has wisely provided that *no money shu!l be drawn from’ the treasury but in conse- quence of appropriations mado by law; and it has #0 been declared by statute that “oo department of the government shali expend in any one fiscal yoar any sum in excess of appropriations made by Con- gress for that dacai year.” We have, therefore, an army in service acthorized by law and entitiod to bo paid, but go funds available for that purpose, It may also be said, as an additionai incentive to prompt action by Congress, that since ive commencement of the fiscal year the army, though without pay, has veon constantly and actively employed in atduous and dangerous service, in the periormance of winen both officers and mon huve discharged thoir duty with Hidelity aud courage and without compiaini. Theso circumstances, in my judgment, constitute an traordinary occasion, requ.ring that Congress ve co: Veved iu advance of the time prescribed by law ior your meeting in regular session, The importance of speedy action upon thy sub, on the part of Congress is so mauifest I venture to suggest the propriety of making the pecessary ap- Propriations for the support of the army for the cur- Tent year at its present maximum oumerical streng! of 25,000 men, leaving for fuiure consideration all- questions relating to an increase or decrease of the number vl enlisted men. In the event of the reduc. tion of the army by subsequent legislation during the fiscal year the excess of the appropriation could not be expended, aud, iu the event uf Its enlargement, the additional sum required for the payment of the extra force could be provided in due time. [t would be ua- Just tO the troops now in service and whose pay is already largely in arrouré it payment to tnem should be further postponed unt! after Congress shal! nave consigered ail the questions likely to arise in the Mlort to ix the proper limit to the strength of the army. Estimates of appropriati for the support of the military establishment for the fiscal year cuding June 30, 1873, were transmitted *to Congress, by the former Secretary of the Treasury, at the opening of its session in Decomber last, ‘hese e@stimatcs—modified by ihe present secrotary 80 as Lo Coniorm to present requirements, are now renowed— Amounting to $32,480,764 98, aud having boon trans- Mitted to both houses of Congress aro submitted tor your consideration, There 1s also required. by the Navy Department $2,003,861 27, This cum is made Up of $1,446,655 16, duo to officers and enlisied nen for the lust quarter of the last Uscal year; $311, due for advances made by the fiscal agent of the government in London for the support of the foreign service; $50,000 due to the Naval Hospital fun $150,000 due ior arrenges of pay to offcers, aud $46,219 58 tor the support of the marine corpa There will algo be needed an wppropriation of $262,535 22 to defray the unsettled expenses of the United States courts tor the fiscal year ending June 30 last, now due to atlorneys, clerks, cemmissiouers and mar- shals, and tor rent of cours rooms, the support of pri- sonors and other deficiencies, RAPAIRS TO THK INTKRIOR DEPARTMENT, ‘A part of the building of the Interior Department was destroyed by fire on the 244b of last monty. Some immediate repairs and temporary structures have in Consequence become negessury, estimates for which will be transmitted to Congress immediately, aud ao | appropriation of the requisiie lunus 16 respectfully recommended. 2 The Secretary of the Treasury will communicate to Congrass, in connection with the estimates for the ap- Propriations jor the support of the army for the cur- rent discal year, estimates for such otber deficiencies in the dillerent branches of the public service as ro- quire immediate action, avd cannot without inconve- Wienco be postponed, util the regular session, ‘THE PARIS KXHMUTION, 1 Lake this opportunity algo to invite your attention to the proprisiy of adopting at your present sassion jon to enable the people of the luternational Exbibitiou of Agriculture, ludustry and, Fine Arts, which 1s to be held at Paris in 1878, and in which this government has been invited by the gov- ernment o( France to take part. This invitation was Communicated io this government in May, 1878, by the Munster of France at this capital, ana 4 copy thereof was submitted to the proper commitiees of Congress at is last session, but no action — was taken upon the subject, The Department of State hus received many letters irom various parts of Lue country expressing u desire to participate in the Exnivivion, 4 numerous applications of a similar nature bi also been made at tho United States Lecuuen at Paris. The Lepartinent of state has also received, oilictal advice of the strong dosire.oa the part ot the French government that tho United States should participate 1m; unis enterprise;and space has hitherto been and still ts reserved in the Exhibi- tion . buiidings. for the. use) of exhibitors from the United “States, to the exclusion of other parties who have been applicants thorefor, dn order that our industries muy be properly rep- resented at the Exhibition an, appropriation will be needed for tho payment of salaries ang expenses of commissioners, tor the transport of goods and for uther purposes in connection with the object in view; and as May next 1s the time fixod for the opeumng of the Exhibition, if our citizons are to share the advantages of this international petition tur the trade of other nations the necessity of immediate action is apparent, To enable the United States to co- operate in tho International Exbioiiou which was hold at Vienna in 1373 Congress then passed a joint resolution making an appropriation of $200,000 and authorizing whe President to appoint a certain number of practical artisans and scientific men who should at- tend the Exhibition and report their [prster fg and observations to-him. Wrovision was algo made tor the appointment of anumber of bonorary commissioners, 1 have foit shat, prompt action by Congross in accept. ing the inVitation of toe government of France ts of so much interest totbe people of this country and so suitable, tO -the.cordial relations besweou the govern. ments of the two countrics that the subject wight properly be presbated for attention at your present session. be INTERNATIONAL PRISONS CONGRRAS. , The government of Sweden and Norway have ad- dressed an official invitation to this government to wake part in the International Prigou Congress to be held at Stocknolm next year. The problom which the 88 proposes to study—how to diminish crime— {8 ovo in which all civilized nations Lave an interest im common, and the Consross of Stockbolm seems likely to. peoxe the most important Couvention oyer held for the stndy of this gravo qnestion. Under au- thority of a joint resolation of Congress, approved Fobruary 16, 1875, 4 comm: pointed by my predecessor to roprosent the United Staics upon that occasion, and the Prison Congruss having been, Al the eurnest desire of the Swedish government, post- Poned to 1878, his commission was renewed by me, Au appropriation of $8,000 was made im the Sundry Civit Service act of 1875 to meot the expenses of the commissioner, I recommend the reappropriation of that sum for the sane purpose, the former appropria- tion having been covered into the Treasury and being no longer available for the purpose without further action by Congress. The sudject is broagnt to your attention at this time in view of circumstances which render it highly desirable that the commissioucr should proceed to the dischargo of his important duties Immediately, As the sevoral acts of Congress providing for do- tailed reports {rom the differeut departments of the government require their submission at the beginning of the regular annual session, | deter until that ume any furthor reference to subjects of public interest, Wasuixeros, Oct. 15, 1877. * R. i, HAYES. PROCEEDINGS OF CONGRESS. SENATE, Wasutxcton, Oct. 16, 1877. The Senate met at noon, and the journal of yoster- day’s proceedings having been read, Mr, Avaw: Clerk of the House of Representatives, appeared and announced the organization of that body andalso the appointment of a committee to wait upon tne Iresi- dent of the United States with a committee on tho part of the Senate and notify bim that a quorum of the two huuses had assembled, &c. Mr. Hamiiy, (rep.) of Me., submitted a resolution ine Btructing tho Secretary of the Senate to notify tho House of Representativos that a quorum of the Senate had assembled, and that the body was ready tor busi- ness. Agreed to, Mr, Evwusps, (rep.) of Vt, called up the resolution submitted by him yesterday providing that the Stand- ing and other commiitecs of the Senate existing at tho close. of last session, be revived and continued until the further order of the Senato. Agreed to with- out debate, Mr. Dawns, (rep.) of Mass, introduced a bill for the Femoval ot (he books and filed in the Jofts in the old portion of the Capitol building and asked 11s present Consideration. It provides for the romoval of such books and files to the basement of tbe building; authorizes a iiberal distribution of fire buckets trougnout tbe Capito batiding, and.requires tho polica therein to daily in- Spect such buckets and keep them filled with water, In explanation of the bili Mr. Dawes said that re- cent events hud caused (he proper ofticers of the goy- ornment to examine ail the public buildings in Wash- ington, and that examimation showed the necessity of the passage of some such bill as the one he now pro- od. Mr. Morrint, (rep.) of Vi, said that over the old nal! of the House of Keprosentatives and over the old Senate chamber near the base of the domo (there was much woodwork, and these pluces were Hlled with books and Papers of a combustible nature, He tayored whe im- Mediate passage of the bill Mr. Davis, (dem,) of W. Va., aid he bad no particu- lar objection to the passage of this vill, but he thought it « bad precedent Lo introduce bills on the second day of the session and paes them by unanimous conseni, He thought this bill could ve referred to the appropri are commictee, be considered and reported back tu the Sevate atan early day. On fi6 motion the vill was tuen relerred to the Committee on Public Buildings and Ground Mr. Sancent, (rep.) of Cal., introduced a bill releas- ing C. C. Webb, Ira P. Raukin and the other sureties ofliciat vond of Frank Soule, late Collector of luternal Kevenuo for the vistrict of California, Re- ferred to the Committee on Finance, He also introduced a bill relating to the equitable and legal rights of parties Ju possession of vertain Janda and tmprovemenis thereon in Calilornia, and to | provide jurisdiction to determine those rignis, Re- ferred to the Committee on the Judiciary, The Vice Prestheny laid before the Senate momori- als of the Missouri Legislature in favor ot the removal of the national capita: to the Mississippi Valley; and also in relation to a pational system of levees tor the Mississippi River. The Grst was re mittes on Public Butidings aud Grounds and the other to the Committee on Mississippi Leveo: BXPENDITORES OF TH NAVY pi Mr, Sakaxyt, of California, subn requesting the President of the United states to Iransinit to the Senate, if not incompatible with tho RITMENT. public Interest, a statement of the appropriations and | expenditures of the Navy Deparvment trom March 4, 1789, to June 30, 1876. in explanation of sue rosolu: ton he said the document hud already been prepared und was ready (o be sent to the Senate, A similur one, it would be remembered, sont mM Ab the last session from the State Dep Mr. Davis, of Wost Virginia, said the Senate would be called upon soon to make appropriations for the War Department, and he would like to have a state- ment showing tho expenditures for that department. He moved to amend Lhe resolation of Mr, Sargent so ag to have such #tatement trom the War Department. The amendment Was agreod to and the resolution Passed as amnendod Mr. IxGatns, (rep.) of Kan, introduced a bill grant+ ing arrears of peusions, Relerrod to the Commitee on Pensions. Mr. Davis, of Wost Virginia, perseated the peti Won of the ictier carriers and citizens of Wheeling, q W. Va., tn favor of roadju letter carriers 80 as to giv ancum, Similar petitions were presented by Hamiia, of Maino, from citizens of Bangor; by Mr. Thurman, of Ubio, trom eitizens of Dayton, and >; Mr. Ogiesby, of 11/inois, from citizens of Peoria, aw ol which were referred to the Committee on Post Oflices and Post Kouds, THR IRON-CLAD OATH. Mr. Becx, (dem.) of Ky., introduced a bill for the removal of all disabiliies imposed by the Fourteenth amendment to the Constitution of the United States, Referred to the Cominittee ou the Judiciary, He pee 12, an ing tbe compensation of them at least $1,000 ger introduced a bill to repea! the act of July 2, 186: Guch sections of the Revised Statutes of the United ron-clad oatu,’? Mr, Wixpom, (rep.) of Minn,, introduced a dill to antborize the Secretary of the Intertor to ascertain the amounts due to citizens of the United States for lurnisned to the Sioux or Dakota Indians of ta subsequent to August, 1860, and prior to 1862, and providing for the payment thereot. Relerred to the Conimittes on Claims. Mr, Bainmy, (dem.) of fenn,, Feet the petition of the Southern Methodist Publishing House, of Nashville, Teun., for indemnity tor the use and con- sumption of its property in 1864 and 1865, Keferred to the Commnitiee on Claims, THY TERRITORY OF HURON, Mr. Hamity, of Maine, introduced a bill to establish the Territory of tluron and to provide a temporary government thereior. Referred to the Committees on Perritos jpmplapation of the bill Mr. Hastx said a bill to “evtuviish this Perritory was passed by the Senato st the last sessiou. Thai bill referred ‘te’ certain pro- visions:ot law, but ‘iid not state them tm full, as the one he now submitted did. Mr. Papvock, (rep.) of Neb., introduced a bill to establish « branch mint of the United States at Omaha, Nod, Relerred to the Committee on Finance, ‘The Senate then, on motion of Mr, Edmunds, at 12:30 o'clock, took u recess until 1:15 P. M. Upon reassembling Mr. Axtioxy, (rep,) of R. 1, from the committee appointed to wait upun the Prosi- dont and netify him that juorum of the Senate nad assembled, reported that the committee had per- formod that duty, and the President replied he would communicate with the Senato immediately in writing. Mr. Hows, (rop.) of Wis,, introduced a bill to a thorize the construction of 4 pontoon bridge across vhe Mississippi River from some feasivle point tn Buflaio county, Wis, to some feasible point in Winona Icounty, Minn. Referred to tho Committee on Com- meres, TH MESSAGE. ‘At twenty-eight minutes past one ‘o'clock P. M. Mr, ers, Private Secretary to the Prosident, delivered the Message to the Semate and it was read immodiniely by Secretary Gorham. ‘Un motion of Mr. Wino, of Minnesota, it was ordered that the Message be priuted and retorred to the Com- mittee on Appropriations, “THR PACIFIO RAILROAD. ‘Mr, Tuurwax, (dem.) of Ohio, introduced a bill to altef and amend the acty to aid inthe construction of @ruilroad-and telegraph line from the Missouri River (o the Pacific coast, and to secure to the government the use of the same for postal, military and other pur- approved July 1, 1862, and July 2, 1864, Ree Jerrod 10 the Comumitieo on the Judiciary. In explanation of the bill ho said it was the samo bill to amend tho Pacitic Ratiroad act so as to provide a sinking tund for the liquidation of the indebteane: dae the government by said companies, which was ri ported from the Judiciary Committes In July, 1876. Frat to the Com- | ited 4 resolution | The Senate then, at twonty minutes to iwo P. M., on motion of Mr. Edmunds, adjourned until to- ayorrow, Mr MoMitlun, of Minnesota, who was absent yos! day when the Sonate met, appea bat two Senators absent—Messr: to-day, leaving Morton and Sharon, HOUSE OF REPRESENTATIVES. Wasuixcton, Oot, 16, 1877 Immediately after the reading of the journal of yes- terday tho. House took up the cage of Mr, Rainoy, of South Carolina, to whose swearing in with othor mem. bers objection had been mado yesterday by Mr. Cox, ot New York. A resojution was oferod by Mr. Cox to réfer the matter to the Committee on Elections, To that a substitute was offered by Mr. Hale, of Maine, to the eflect that the oath of office to now administered to Mr. Raincy, ‘The discussion of the question showed that acertificate of the Secretary of State of South Carolina to the duc clection of tho five members from that State had been rdeived, und that eubsor quently a paper emanating trom the eame official (thopgh rot the same person), had been pre- sented, stating that in Mr. Rainey’s district thore had not boen a fair election, on account of tRe presence of United States troops, and that the canvu had been mado in violation ot’ a writ of promipition issued by a court having jurisdiction of the question, paper bad been uvoficially indorsed by Govern Wade Hampton, It was argued on ono side that these documents poutralized each other, and that, theretore, there was no prima facie caso, ‘but it was contonded. on the other #ido that the original certivcate cons tuted a prima fucte case, which could not bo sot aside or aflectod by any subsequent proceeding, and that tho exciusion of Ratney, oven temporarily, would be » bad and dangerous precevent. ~ Sie Cox repli ‘nat precedent had Hshed in tho Kentucky cases some ten ye that his proposition tmerely commendca Strong speeches against the propo- chatice to republican lips. Fioally, at sition by Mills, of Texas, and Sir, otter, of Now York, owthe democratic side, and by Mr. Banks and Mr, Butier, of Massachusetts, and Mr, Hale, of Maine, on the republican side, the substitute offered by Mr, Hale was adopted by a vote of 175 vo 68, aud the oath of office was udmmistered to Mr, Kainey. he samo arguments were gone over in the caso of Mr. Cain, of South Carolina, and tho samo result arrived ut (yeas 181, neys 88), apd Mr, Cain was also swora in. The objection was withdrawn in the caso of Mr, Darrell, of Louisiana, and he was also sworn ip, The case of Mr. Elam, of Louisiana, was discussed, but uo result was reached. ‘The President's Mot was read and referrod to the Comunitiee of tne Whur Tho rules of the last House were adopted, a commit. tee on ruics was ordered and the House at five min- utes alter four adjourned, RIO GRANDE ‘TROUBLES, Wasmxarox, Oct, 15, 1877, Tho following has been receivod here:— Cucaao, Oct. 16, 1 To General EK. D. Towxsexv, Washington, D.C. :— Tue following telegram bas been received here from General Pope:— “Tho iflicuities at El Pago and San ilizaro aro en- lirely between citizens of the State of Te can and Amorican), and I havo instructed Lieutenant Rucker not to interfere with them except to prevent inroads from tho Mexican side, “P, H. SHERIDAN, Lieutenant General,” stab. , aod cir own PRIZE FOR MACHINERY, AN OFFER TO INVENTORS FROM THE GOVERN- MENT OF INDIA. Wasitnarox, Oct. 16, 1877, The United States Consul Goneral at Calcutta has forwarded to the Department of State circulars issued by the government of Indi offering @ prize of $25,000 machine or process for the proparation of the rhea or rami@ fibre, The Indian government is most anxious that fall publicity may be givon to these offers in the United States, with the bopo that Amari can competitors may enter the list for the prizes. What is required 1s a machine or process capabie of producing vy autmal, water or steam power a ton of dressed fore ata total cost of not more than $75, laa down at avy portin India, and at a cost of not more than $150 in England, ‘The trials of machines will take place at Seharunpoor, northwestern provinces; in August and September, 1879 The machine must be on the ground ready for werk On the léth of August am that year. ANNA NEWELL DEFEATED. THE BOARDMAN WILL DECIDED TO HAVE BEEN LEGAL AND REGULAR—A VICTORY FOR THE MAYOR OF BOSTON, (BY TELEGLAPH TO THE HERALD.) Bostox, Mass,, Oct, 16, 1877. An adverse opinion was delivered by Judge Shipley in the United States Circuit Court to-day in the cele- brated Boardman will case, of Auna Newell, of New York, against Mary Princo, John PD, Bates and others, ip which, It 18 alleged, there was a fraudulent con- apiracy on the part of tho defeodantsto aciraud the plain by which she lost a large amount of property bequeathed to.her by the will of William B. Board. man, made by him in 1868, another will having been provated which was made by him in lsd, The plaintiff sought to recover damages in the sum of $4,000,000, In each count in the aeclarit- tion the plaintit alleged the probate of tho will of 1841, and that upon hor petition to the Probave Court the aliegod will of 1358 was not allowed, and upon ber | appeal to the Sapreme C of Boston her petition w ed, Aud the proct and probate of said last will and testament were prevented und defeated, Tnis is Ghurged to bavo been effeciea the perjury aud fraud of the spiriog to accomplish this object. There was a demurrer to the declaration, The Court accomplished by leiendanis, all con- ation Dad and given judgment lor the defendants 1 Judge, tn bis opinton, gaya that the deerces of courts of probate were conclusive as to the validity and probate of the will of 1841 and the t the will of 1858, The proceedings aud decr courts were bindin ad th Inu was especially bound by them as she was the petitioning aud moving party in the case of the will of 1858 and wus intercsted in tho estate so that she could appeal from the decree admitting to probate the will of 1541, Alter reviewing the authorities he saya in conclu- the preswat © purty intoreaved in the Wittesson Co the proceed: | allegations ot fruud oF p. I the Hrobate Court, " ange mi on at juuKinEnt Fo° mains in forge and woreversed, tuch judcoront conclusively HOxsriviog tho ulleations iu the deciuration, for the best and another of $5,000 for the second beat | has now sustained the demurrer, adjudged the deciar- | oth English and | settled that aa | NEW YORK HERALD, WEDNESDAY, OCTOBER 17, 1877.--TRIPLE SHEET. THE HERALD WEATHER SERVICE, A CAPTIOUS CRITIC WRITES TO THE LOXDON TIMES ABOUT THE HERALD CABLE WABN- INGS—ANSWERED ¥ROM EDINBURGH—HOW THE WABNING FOR THE 10TH OF OCTOBER WAS FULFILLED IN SCOTLAND—A HUBBI- CANE, WITH TORRENTS OF BAIN. [8¥ CaBLE TO THE HERALD. ] Lonpow, Oct. 17, 1877. Apropos of the hurricane on Sunday night and the Henarp's prediction of the storm, the London Times publishes the fol- lowing letter :-— “Eprxsonas, Oct. 15, 1877. “To tat Eprton or THE Times :— “Having read a letter in the Times of Sat- urday which seems to imply that cable mes- sages from the United States forewarningof the probable impact of a cyclone on the British shores are altogether illusive and not worthy of serious attention, I think it right to point out that the latest message, announcing the probable arrival of storm on or about the 10th inst., has been verified if not in Sussex, at all events on the north- western coast of Great Britain. On Tues- day, the 9th, the weather in the North of Scotland was dull but tolerably settled, with a light breeze from the north. On the morn- ing of the 10th the weather was still moder- About in a remarkable manner, ate but the wind was from the west. | Addriance, Robbins & Co. Cash (KE. ALR. | admonitions on every meniber of tho class, eleven A, M., however, it increased with great suddenness, and in an hour's time it was blowing a heavy gale approaching a hurricane, accompanied by torrents of rain. It is certainly a fact worthy of attention that after a long period of settled weather a westerly gale of more than ordinary vio- lence and suddenness burst upon the coast of Scotland on the 10th inst., in exact ac- cordance with the warning received during the previous week from the United States by cable.” YELLOW FEVER. JACKSONVILLE, Fla., Oct. 16, 1877, Thero wore two deaths from yellow tever at Fernan- dina to-day. Dr, Horndon, a volunteer physician from Savannah, died this morning. AUGUSTA, Ga,, Oct. 16, 1877, There have been no deaths and no new cases of yellow fever at Port Royal since Friday, tho 12th inst. ‘All the patients except two are convalescing. HELP FOR THE SUFFERERS, New York, Oct. 16, 1877, To tHe Enitor or Tus Heraup:— Please publis the following list of additional sub- seriptions to the fund in ald of the Fernandioa sufferers: — G. Plenter. a0 J, Donaldson, of Stockbriage..... Mrs, John Bruco & Cook..... viously acknowledged Grand total... From John T. Wi . Hi HH, Matiory & Go., free of charge. K & F. B, Charber & Co,, | boxcanned meat; & Brother, 2 boxes canned meat, and H. Dudley & G were sent (ree by Adains { xpreas Company. UHATER & KING, 187 Peari street, Bates, Rexp & Coo 451 axv 43 Broapway, New Yous, Oct, 12, 15 To tHe Eprtor ov tun HERALD: — Sin—-L beg to enclose herewith a small suoseription in answer to your appeal in behalf of tho Port Royal, S. C,, suferors, As I represent the people of my in this house! know that your generous eftor (o their behalt wilt be sincerely appreciated. I remain vory respectfally, yours. W. Ss. CLINTON With the above note the Hxraip bas received $64 tho total of the following list of contribution 1, M. Bates +$15 00) W. J. Limes. John H, Kee © B. Leomis Martin J, Cooie, J. M. Garrison, R. A. Fisher. W. 8. Clinton J, &, Robinson J. B. Chureaill Isaiah Hato. J, T. Paltz L. Ross. . G. Lindley | DISTURBANCES AT RUTGERS—A WHOLE CLASS TO RE. SUSPENDED. New Broyswick, N. J., Oct 16, 18: Wednesday, it week, class '79, Rutgers Coliege, numbering forty-nine, made a raid on the armory of the colloge, and, securiug Springfield rifles, marched tnto the class room where their new professor, Mr. Merriman, was waiting to conduct the usual mathe- matical recitations, “Tho faculty considered the mat- ter a groat outragd, and held several mectings to pro- vide some measure in order to stop such skylarking, and determined upon inflicting a punishment of two Under tho rulos a student receiving four admonitions is pended, and the above puntshtnent suspends four bers who bad previously recervdd two marks, anitlaiter ‘Thengsgiving. Class ‘79, upom hearing this decision, held a mecting aud ananimously resolved not to onter torr recitation room antl their suspended members Were reinstated, aud the taculty effect.» This moruing the class as a body refused to actond their class, and (this is repeated to-morrow they will all be chargod with four admonitions aud bo suspendedas the others. The class sey they are deter. mined not to yield, OBITUARY. LILUTENANT COLONEL JOHN D, KURTZ, UNITED STATES ARMY, Lieutenant Colonel John D. Kuriz, Engineer corps, United States Army, died snddenly yesterday morn- ing at the residence of bis brother-in-law, in George- town. Colonel Kurtz left Priladelphia on Monday to attena a meeting of the Board of Army Officers to make a finai report in regard to the Washington Mono- ment. He arsved im Gourgetown avout six P.M. and appeared to bo in good health, but daring the e complained of fecliog iil and died at six o'clock | day morning, HON. WINGATE HAYES. Wingate Hayes, @ leading member ot the nd Bar, died last night at Providence, He was Speaker s of the House ot Representatives, and had been jor many years Uauitod States District Attor. aey. Hou. Rhode THEODORE BARRIERE, This distinguished dramatic author has died « Paris, He was born in Parts 10 1823, and belonged 10 the family of geograptienl engravers ot the rame who wero attached for over forty years prior to 1870 to the Ministries of Warand Marine, Ho was himself em. ployed jor over ten yeurs at engraving work In early life he displayed @ taste for cramatic literature and devoted his leisure hours to study, and at the ngo of twenty years wrote his first play, called “Rosiere ot Maurrice,”” which was performed at the Theatre Beau Marove with great success. He gained 8 principal celebrity tn the play called “Filles de Marbre.’’ which was pertormed at the Vaudeville in 18 From tho appearance ot this work the name ot arriere became very popular in Paris, From then til quite recently he wrote a Inge number ol plays whieh becanie quite popula PROFESSOR GEORGE HADLEY. Professor George Hadley, the famous chomist, died at Buffalo, NAY, yesterduy, ’ Fe notified to that | r SITTING BULL. He Shows Signs of a Dis- position to Treat. THE OLD CHIEF AT FORT WALSH. oe The United States Commission to Move Rapidly Forward. WHITE BIRD ESCAPES TO CANADA. The Nez Perces Vainly Seek the Assistance of the Sioux. _ [BY TELEGRAPH TO THE HERALD.) WITH SITTING BULL ComMMIssion, IN CAMP ON LONESOME PRAIRIE, Oct 13, VIA HELENA, M, T., Oct, 16, 1877. We have made good progress on our totlsome journey toward the Canadian border. The weather is fine and enjoyable, so that the dreary route we are pursuing is endured with tolerable philosophy. A CANADIAN COURIER. This afternoon, while General Terry was quietly riding at the head of the cavalry commn over a trail that led us through the dreariest waste of country we lave yet encountercd since entering the Territory of Montana, somé excitement was oc- casioned by the appearance of a solitary horseman riding toward us. He proved to bea courier sent forward from Fort Walsh, the Canadian post lying beyond the boundary line. NEWS OF SITTING BULL. ‘The courier, # fine locking fellow, carried a letter for General Terry, from Colonel McLeod, the com- mandant of the Canadian garrison at Fort Walsh, In his letter the Colonei informed General Terry that he had at jast succeeded In inducing the Sioux Chief, Sitting Bull, to go inside the fort grounds with thirty of his warriors Colonel! McLeod had achieved this movement after considerable trouble and the exercise of a good deal of diplomacy, and he writes that he hopes to induce Sitting Bull toy remain at the fort untli the arrival of the United States Commission. THE, COMMISSION TO MOVE FORWARD RAPIDLY. The tntelligence brought by Colonel McLeod's courier was very gratifying to General Terry and his brother commissioners, for it gave them an in- centive for more rapid movement of the expedition. General Terry, indeed, considers this news of Sit ting Bull so important that he has resolved to leave behind hima considgrable Part of his wagon tran and escort, and push on with the remainder to Fort Walsh. To accomplish this a sertes of rapid forced marches will be made, beginning with to- morrow. The portion of tho experition left on the Toad is to follow us as rapidly as possible. We start to-norrow morning at daylight, and the duration of our night halts will only cover the hours of darkness, itis expected that Fort Walsh, which is situated forty miles north of the line and one hundred and three miles trom our present camp, will be reached by the night of next Tues" day, the 16th inst. We hope on our arriva: to find Sitting Bull still there. WHITE BIRD HEARD FROM. The scont or courier who brought the ietter of Colonel McLeod encountered on his way to us the Nez Percé chief White Bird, who, with twenty-four, bucks and about thirty squaws and children, had escaped from Joseph's camp during the recent battie of Bear Paw Mountains. White Bird tn- formed the scout that during the fight between General Miles’ forces and the Joseph tribe Nes Percé Indians were constantly arriving at Sitting Bull's catnp, and urged him to come down across the border jo the assistance of Chief Joseph and his band, SITTING BULL DECLINES TO MELY JOSEPH. To ail their pleadings for the assistance of the Sioux warriors Sitting Bull lent an indifferent ea: “You may smoke and ent here,” he responded. “You are welcome. But this is your fight, not mine. You must not expect that any of my warriors will go actoss the border to help rou." This may encourage some people to nope and delieve that the great chief of the Sioux hostiles, who never yet has made a treaty of any kind with the United States government, will condescend now to treat with the present commission. We shall soon see whether or not this hope ts a delu- sive one. SIOUX HATRED OF AMERICANS. ‘The scout now in camp tells me that ne has seen and spoken with Sitting Bull and reports that the Sioux chief expresses in savage terms his invet- erate and undying hatred of all Americans If this be so [t does not promise much for the success of General Terry’s mission, It is to be hoped that the scout is mistaken or exaggerates a little. STRENOTH OF SITTING BULL'S FORCE. In the camp of Sitting Bull, besides his own one thousand and more lodges, there are some filty Nez Pereés who have, exclusive of White Bird's party of retugees, escaped into Canadian terri- sory. GENERAL TERRY ANNOUNCES HIS COMING. Mipsignt,—General Terry has just despatched two couriers to the Canadian authorities at Fort Walsh, and also to Sitting Bull, apprising them of the approach of the commission. Should Sitting Bull refuse to remain at Fort Walsh in order to meet the commission, and retire precipitately to his own encampment, then the chances to be taken on a visit to lis stionghold will be similar to those taken by the ass who once on a time visited the lion's den. SITTING BULL NOT INCLINED TO MAKE TROUBLE, Orrawa, Ont, Oct 16, 1877. The Dominion government have recetved ad- vices from Fort Walsh to the Sth inst, in which no mention {s made of any trouble with Sitting Bull: ‘The United States Commission having been delayed at Fort Benton by the hostilities with the Nez Percés the esvort of mounted police had been temporarily subject to General Terry's requisition. Sitting Buli was about to move to the foot of Cypress Hills, about fifty miles trom Fort Walsh.) THE REMOVAL OF THE SIOUX TO THE MISSOURI RIVER. Wasniveton, D, C., Oct. 16, 1877. Advices by telograph received at the Indian Bureaa today indicate the saio and expeditious removal of the Sioux Ladians to the Missouri River, in accoruanse with the wishes of the government, as wentioned in peidncy nt Interviews in this city with their represen-