The New York Herald Newspaper, November 30, 1878, Page 8

8 THE ARMY. Annual Report of the Sec- retary of War. OPERATIONS AGAINST THE INDIANS Repeal of the Posse Comitatus Act Recommended, EXPENDITURES AND ESTIMATES Details from the Reports of De- partment Officers. NECESSITY FOR A LARGER FORCE. Wasutnctox, Nov. 29, 1878, Mr. George W. McCrary, Secretaryjof War, has sub- mitted his annual report to the President, Under the head of ‘The Army” he says:— It appears from the report of the General of the Army that, according to the latest returns, received October 15, 1878, the strength of the several arms of the service was as follows:— and recruits in depots.... Eulisted men detailed on general Ordnance Department. ‘West Point detachments. Prison guard.... Hospital stewards. Ordnance sergeants Commissary sergeants. Indian scouts. Grand total............ ‘The reports of the Quartermaster General and Com- missary General of Subsistence, as well as those of the General of the Army and the department and di- vision commanders, all concur in showing that the army has been well’ and economically subsisted and clothed, while the character of the rank and file has ‘Deen materially improved. Great care has been exer- cised in the selection of recrnits, and as one of the ratifying results the number of desertions has Been considerably reduced, the total decrease below ‘the number last year being 838. DESERTIONB. The aggregate number of desartions during each of the past six years has been as follows :— Aggregate number of desertions from United States ear ending Wesertion is still alarmingly prevalent and an evil of Bo ordinary magnitude. ‘THE INDIANS. Indian hostilities have occurred in various locali- Nes in the Territories, and have been suppressed by the army, but in some cases not without serious loss of life, both among soldiers and citizens. I remain pf the opinion that permanent peace in the Indian rountry can only be maintained by the exhibition of force sufficient to overawe and keep in subjection the more warlike and dangerous of the savages. It is to be hoped that the time is coming when the Indian tan be governed by other methods, but until he has been reached and elevated by the influences of educa- tion and civilization we must deal with him as he is and by such methods as will keep him at peace and make secure the lives of settlers in bis neighborhood, While, therefore, we should persevere in the effort to improve the condition of the Indian tribes by teaching them the arts of the herdsman and after- ward those of the husbandman, and by providing for the education of their youth, we should, at the same time, confront them with such military force as will teach them the futility of any attempt to resist the power of the United States. ‘also fully agree with the General of the Army in the opinion that such provision should be made by Congress as will prevent the possibility of suffering for lack of food among Indians confined upon reservations. In short, our policy toward the Indians should be designed to en- force thése two propositions, viz. : 1. Fair and just treatment of the Indians, includ- ing the faithful performance on our part of every promise; and, 2. The prompt and effectual punishment of all acts of war on their part, and to this end the employment of a sufficient military force in the Indian country to act with vigor and success, when occasion requires, and prevent the possibility of the defeat or massacre of small detachments of our troops, by which Indian ‘wars have been so often in the past encouraged and projonged. ‘The experiment of enlisting, for special service, Indian scouts has proved quite successtul, and it has Deen a source of regret that the department has not Deen able to employ a larger number. Under the ex- isting law, which treats such scouts as # part of the twenty-five thousand enlisted men of the army, it has Deen impossible to employ, of the one thousand Buthorized, a greater number than three hundred ‘without impairing seriously the efficiency of the regu- forces. As a material aid in the management of Indian affairs I recommend that the law be so mended as to authorize an increase of the number of Buch scouts, and so as to declare them to be a force in addition to the number of enlisted men authorized or the army proper. THE MEXICAN BORDER. The increase of our force in the viainity of the Rio Grande, and the vigorous policy which-tor some time has been pursued in dealing with marauders invading our soil from Mexico, have produced the result pre- dicted in my report of one year ago. Although the people of Texas have not been exempt from these in- eursions during the year, and several of them have ‘been attended by heartrending atrocities, yet they Bave been fewer in number than during any year for ‘2 long period, and within the past four months alinost rfect quiet has prevailed. A considerable Mexicau force has been sent to the vicinity of the border to Operate against the bands of Indians infesting that Fegion, and the avowed purpose of the Mexican gov- erument is to put @ stop to raids upon our people and territory. TROOPS AS A POSSE COMITATUS. The fifteenth section of the act of Congress of Jane BS, 1878, provides that— From and after the passage of this sect it shail not be Iawful to employ auy part of the army of the United States “we such employment of s Pressly authorized by the constitution or Jeon. yeaa lla eases re. In my judgment it is important either that this ber of cases in thorized” be very much enlarged. In many portions of our Western Territories, and even in some por- tions of the newer States, resolute desperado, with 8 few followers, can defy the officers of the law and sny local posse that can be organized. Dur- Ing the year numerous attacks have been upon the mail coaches in New Mexico ‘nd Arizona for purposes of robbery and junder; aud while I have been of the opinion that e mails of the United States may be detended by the use of troops I have been obliged to give instruc- ‘tions that they cannot, without disregarding the act of Congress, be employed to aid the officers of the Jaw in capturing the robbers after they have com- mitted the crime. In doing so they wonld act as a posse comitatus, and this is nowhere by law ‘“ex- ressly authorized.” In the new and eparsely popu- ed Tegions of the West, to say to robbers and thieves that they shall not be taken on any writ un- leas the sheriff and his local posse is able to capture them without aid from the soldiers, is almost to grant them immunity from arrest. In those new Tegions the army is the power chiefly relied upon by the law-abiding people for protection and chiefly feared by the lawless classes. Numerous inatences @ight be cited, but the recent occurrences in Lincoin county, New Mexico, constitute @ strik- ing example. The inability of the officer in com- of the troops in tuat vicinity to aid the officers of the law in making arrests waa one of the Principal causes which led to the most disgraceful @ceues of riot and murder, amounting, in fact, to anarchy. This state of things continued until a case could be made for declaring the district in insurrec- tion, after which a prociam Assued by the President, the t action and at once restored quiet. Lam clearly of the opinion that the President should be left free to em- ploy the national forces in aid of the process of the federal courts whenever he shall deem it neccasury ; Dut if such use is to be limited to cases wheto, as de- elared by the act above quoted, it “is expreasiy suthorized by the constitution or by acta of Uon- grees,"’ then it is respectfully submitted that Congress Should give very careful attention to the enameration end epecification of the cases in which such use of ‘troops is to be permitted. YELLOW FEVER SUFFERERS. In reference to the issue of rations to yellow fever pufferers the Secretary says that while there waa no statute to authorize the orders given in the premises they were not unprecedented, similar action having ‘been taken by the government, through this depart- ment, on several previous occasiogs. If, however, no guch precedent had been found, I think the circam- @tances of the case would have fully justified the action taken ‘The fearful ravages of this terrible disease consti- tuted an extraordinary calamity which required that fairl should yranted. In ordering the iseues in nestion, however, L thought it necessary to adopt rule for my guidance that government aid shouid NEW YORK HERALD, SATURDAY, NOVEMBER 30, 1878—WITE SUPPLEMENT. ‘not be extended except in cases of greek enengnney and when no other mode of relief was le, that rule has been strictly adhered to. addition to the issue of rations, as shown by the report of the Commissary General, tents were issued as @ loan, as follows :— August 15—1,000 common tents to Memphis, ‘August 20—200 common tents to Vicksburg. August 2 common tents to Grenada. August 24—300 common tents to Memphis. September 7—25 common tents to Natchez. September 21—1 hospital tent to Donaldsonville, September 21—70 common tents to Chattanooga. Also a sinall supply of medicines was issued to Grenada, I respecttully recommend that a joint res- olution be passed by Congress approving and legaliz- ing these issues. I would recommend to Coogues the careful consid- eration of the question whether such emergencies in the future may not be provided for by law by con- ferring authority to act upon the President. If it be practicable the fies should be so framed as never to leave an executive officer under the necessity of act- ing outside of the statutes. APPROPRIATIONS, EXPENDITURES AND ESTIMATES, ‘The expenditures under the War Department for the fiscal year ending June 30, 1877, were $2,615,888 69 less than those for the previous fiscal year, and the litures for the year ending June 30, 1878, were 734 54 less than those for 1877. ‘The estimates for the fiscal year ending June 30, 18:0, as pi nted Br chiefs of bureaus, were 54 67, These I have reduced to $40,387,718 33, amount is only $1,910,862 15 in excess of the ‘te appropriations for 1879, and, as we shall is only an apparent increase even of that amount, since the appropriations for the current year for the support of the army seem to have been upon the basis of 20,450 enlisted men, while the num- ber authorized by law was left at 25,450, As reduced and submitted these estimates are for a less sum of money than any annual estimates rendered to Con- gress from this department during a period of at least eleven years, and ure $2,727,724 91 less than those for the fiseal year 1879, which were $43,115,443 24. ‘The estimates, us compiled and promulgated in the book of estimates, are divided into four classes— namely, the civil establishment, the military estab- lishment, the public works and the miscellaneous, _ under these heads they may be briefly consid- ered. In the civil establishment a slight increase of ap- propriations is desired on account of existing neces- sities, which demand the employment of a large num- ber of clerks. The present clerical force is insufficient to properly attend to and despatch the current public business of this office and of the military bureaus, Congressional calls for facts and figures cannot satis- factorily be answered, and reasonable requests for copies of records cannot properly be granted without extra hours of labor, volunteer services or appropria- tions for the employment of additional clerks. The estimates for the military establishment are $29,335,727 33, and are on a basis of 25,450 enlisted men, the force now allowed by law. These figures, compared with those for 1879, which were on a basis of 25,000 enlisted men, shows a reduction of $2,261,548 35, which occurs princi, in the Quarter. mast Department; and com with the appro- priations for 1879 (in the seprogate $25,936,117 18), which, as undertsood at this department, were on & basis of 20,450 enlisted men, exhibit a difference of only $3,399,610 15 between the amount of the present estimates and the amount of appropriations for the current fiscal year. These estimates, if rendered for the increased number of men on what is regarded as the basis of the legislative allowance for 20,450 en- listed men for 1879, would be for about $32,420,146 47. The estimates for public works are $7,670,981 30, the same being $282,096 46 less than those for 1879, and $1,814,493 70 less than the amount appropriated at the last session of Congress. largest ditfer- ences between the estimates and the appropriations under this head appear in the titles ‘Fortifications and other works of defence,” and “Harbors and rivers,” In order to continue operations on fortifications and other works of defence during the fiscal year of 1876 appropriations amounting to $815,000 were made in 1815. Since that time estimates for upward of $2,000,009 have been rendered to Congress each year, but no greater appropriation than $10,000 per annum has been made for such works. In view of these facts the estimates for 1880 have been reduced from $3,188,400 to $1,000,000, which sui, if wisely allotted, can well be applied to improve some of the import- ant works of public defence and preserve them irom waste and ruin. agerey: presently see, RIVERS AND HARBORS. In connection with the reports of examinations and surveys of rivers and harbors, made by order of Con- gress since July 27, 1865, this department prepares and submits to Congress full statements of all exist- ing»facts tending to show to what extent the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys (see sec. 231, R. 8.) These statements necessarily include estimates to continue all works once commenced under legal authority and remaining unfinished for want of funds. The annual estimates submitted to Congress for the improvement of rivers and harbors have thus become largely in ex- cess of the appropriations obtained for the works: as, for 1876, on $13,504,500 submitted, $6,643,! 50 were granted; for 1877, on $14,301,100 re- ported, $5,015,000 were allowed; and for 1878, on $13,220,100 suggested, nothing was appro- priated. The “estimates for 1879, compiled by the Chief of Engineers, in order to show full state- ments of all existing facts relative to these works of improvements, were rendered for $13,302,600, but were reduced by me to correspond with the agyregate appropriated August 14, 1876, the same being $5,015,000, This amount was, however, exceeded in the appropriations for 1879, which were $8,276,700, or $4,261,700 more than the estimates as revised. The aggregate originally stated for rivers and harbors for 1580 was $15,019,008, This has been reduced on my revision to correspond with the estimates as revised for 1879, and the reduction is based on the belief that $5,015,000 judiciously expended during the fiscal year 1880 will be a liberal allowance under this head of ap- propriation for the promotion of the general com- Ierce of the country. In the estimates for miscellaneous objects some items show an increase over the estimates for 1879, but the several amounts, considered as a whole, are deemed reasonable when compared with similar items in the appropriations for the current fiscal year. REPORT OF THE QUARTERMASTER GENERAL, The Quartermaster General reports that during the fiscal year the requisitions from his office for pay- ments and remittances by the Treasury, on all ac- counts, amounted to $12,792,603 50. Of this amount $745,749 40 was, during the year, under the law of Seth June, 1574, covered into the Treasury to the credit of the surplus fund. The balance undrawn in the Treasury at the end of June, 1878, was $1,520,095 92. The department moved during the year 79,260 passengers, 11,400 beasts and 109,261 tons of military material. The operations of the it are embarrassed by the action of Congress relating to land grant rail- roals, to none of which can money be paid until the conclusion of @ suit before the courts. ‘There are still in the Quartermaster General’ about twenty-four thousand claims and accounts un- settied, calling for payment of $13,000,000; also many claims which have been rejected, and which, as the Third Auditor can no longer provide fireproof space for their custody, remain in the Quartermaster General's Office, a very unsafe building, one in which a fire, guce under way, would make such rapid progress escape that but a small portion of its contents cot destruction. REPORT OF THE CHIEF OF ENGINEERS. The report of the Chief of Engineers states that work upon our sea coast defences, owing to the lack of appropriations, has been limited to the care and preservation of the works. ‘The system governing the construction of our works of defence was elabo- rated and adopted in 1869, the main features of which are the use of heavy earthen barbette batteries, pro- tected by high traverses, and arranged for guns and mortars of large calibre, to be supplemented in the future by guns of the heaviest modern calibre, and of obstructions in the channels (mainly electrical torpe- does) to prevent vessels from running past the bat- teries. The Chief of Engineers now recommends, in addition to completing the open batteries already partially constructed, the conversion of some of our casemated forts for the reception of guns of the largest calibre behind armor plates of irou. The trials and experiments with the torpedo defence have continued at Willett’s Point with satisfactory results. The Battalion of Engineers, under the law reducing the army, has been fixed at 200 enlisted men. This number, in the opinion of the Cluet of Engineers, is too small for the efficient performance of the duties required of them. If a war should ocour with » maritime Power the want of trained soldiers to plant and operate our torpedo defences would be seriously fe and it is submitted whether the needs ot this branch of the service may not justify a minimum or- gauizution for the battalion of uot less than 620 en- listed men. For the torpedo service alone that num- ber is requisite. The duty requires an intelli- gence and training which canuct be supplied in an emergency. In the event of an in- crease in the battalion, as recommended, considerable detachments therefrom can be advan- taywously employed in time of peace in the surveys f the Engineer Department, nd expecially in the 8 by the engineer officers on the stalls of divis- and department commanders west of the Miasis- sippi River. The works of river and harbor i provement provided for by the act of August 14, 187 were carried on during the fiscal year with satiafac- tory progress under the balances’ remaining of the apy ations contained in that and prior acts. Ad- ditional appropriations for river and harbor improve- ments were made by Congress in the act approved dune 18, 1878, and as tar as practicable the works pro- vided for therein are in process of execution. De- tailed information in regard to each specific river and harbor improvement may be found in the report of the Chief of Bngineers. The survey of the Missia- sippi Biver, recently commenced by the Engineer Department, has been carried from Mouna City, above Memphis, to Scanion’s Landing, Ark., and a line of precise levels has been completed from Mem- phis, Tenn., to Anstin, Miss. Detailed charts Nos. 1, 2, 3, 4, 5, 6 and 7 ot the river have been completed. 7 WHEELER SURVEY. y of the territory west of the 1 has been for several years n of the Chief ot En- corps of engineers and on carried on dur> , Oregon, Nevada, ‘he area sur- ing the last fiseal year in Califor Utah, Colorado, New Mexico and Texas, | veyed and mapped since its commencement has aggre- gated more thin 400,000 square miles, The topographi- cal maps, whieh are the most importantand useful re- sult of this survey, are regularly published and be- come at once available tor the tees of the Wat Depart- ment and the other branches of the government ser- vice, for the settlers of our public lands, and for in- corporation into school atlases and other maps for popular use published by private enterprise, Ita organization is complete and in excellent condition fox carrying on its work rapidly and economically, and it is hoped thet the full amount of appropriation asked for by the Chief of Engineers for the next fiscal | year will be granted by Congress. After a detailed description of the work at the South Pass of the Mississippi River and the amount of payments made the Secretary says:— The epidemic of yellow fever reached Port Eads about July 26, and although its ravages did not begin during the last fiscal year it is well to state that the fever became 80 severe about August 6 that it was thought necessary to suspend active operations at the jetties until the fever Ghee The earlier portion of the low water season, during which the work of construction is most easily and economically conducted, has therefore been lost by Mr. Eads; and as 2 became necessary So story pose te the Waites engineer party un ig otlicer who were not thoroughly secliegeae tne the vicinity, the regularity of detailed reports has been necessarily interrupted, REPORT OF THE CHIEF OF ORDNANCE. The bps gry of the Chief of Ordnance gives a full history of the principal operations of the Ordnance Department during the year, The erection of build- ings at the Rock Island nal has been prosecuted satisfactorily under the efficient supervision of Major Flagler. Ordnance depots have been established at Fort Abraham Lincoln, Fort Leavenworth and Chey- enne. Attention is called to the importance of increasing the appropriation for the manufacture of small arms. On the Ist of October there were in store as @ reserve supply’ only 22,585 arms of the latest model. The moral effect of a large supply of these arms cannot be overestimated. To e pre- pared for immediate hostilities is regarded as a great power which must enter largely as an important fac- tor in the determination of internatio: questions which may or may not lead to war. In accord- ance with the act of Congress approved No- vember 21, 1877, a board of eee was con- vened, by order of the Secretary of War, for the purpose of recommending a magazine gun for the military service. All persons interested in magazine guns were invited to submit samples and appear in person. ‘The report of the Board is submitted with that of the Chief of Ordnance. It recommended the Hotchkiss gun, and, upon the recommendation of the Chief of Ordnance, the Secretary of War has approved the action of the Board and the expenditure under the law of $20,000 in its manufactare. The Chief of Ordnance is ot the opinion that the present annual appropriation of $200,000 for arming and equipping the militia is insufficient to provide the arms and equipments necessary to encourage new organizations and cep the organized forces in proper condition. He fore recommends an increase of theannual appropriation. I suggest that the atten- tion of Congress be invited to this important subject. BUREAU OF MILITARY JUSTICE. In my last annual report I invited attention to the recommendation of the Judge Advocate General, that additional legislation should fix, beyond question, a specific period of limitation to prosecutions in cases of desertion. The urgent importance of some wise legislation upon this subject, to which the Judge Ad- vocate General again adverts, continues to fully im- press me. A small army, such as ours, manifestly needs all that strict discipline can do to supply, by the greatest efficiency, whatever may be lacking in numerical strenzth. To this end 1g is more es- sential than a good military code, set forth in plain and definite terms, so that by its efficient execu- ion punishment may follow crime with cer- tainty and effect. m strikes at the very root of military strength and discipline. It not onty takes away from the ranks the numbe' of those who abscond, but it tends to greatly de- moralize those who remain, especially when they sce crime attended by impunity. Instances, doubtless, are sometimes found which naturally and strongly appeal to compassion in behalf of men who deserted. long since, perhaps under circumstances of extenua- tion, and, having become useful citizens and heads of growing families, live in constant and painful dread of the consequence of their crime. For such, as for all similar cases, whether military or civil, the par- doning power is designed to afford all proper relief. The subject is full of difficulty, but probably the best solution would be to fix the limitation of the time during which the deserter can be arrested at three years, and provide that the time shall not run while the accused shall have absented himself from the country, secreted himself, or for any other reason shall not have been amenable to justice within that period. REPORT OF THE INSPECTOR GENERAL. The report of the Inspector General shows that he and his subordinates have discharged their duties with ability and zeal. Their inspection has estab- lished the fact that the commissioned officers, as a general rule, are temperate, zealous, attentive to their duties and not addicted to vicious or hurtful habits. The opinion is expressed concerning the rank and fi that we have never had a finer body of men in service than at this time. The instruction in drills and other military exercises has been much interrupted during the year, owing to the reduced state of the companies, the exceedingly small garrisons and the large amount of labor necessarily imposed upon the men in build- ing, repairs, care of public property, &c. Proper at- tention has been given to discipline, and it is re- ported as excellent. ‘The Inspector General reports that the military prison at Fort Leavenworth, Kan., estab- lished under the act of May 21, 1874, is now in suc- cessful operation. The officers assigned to duty with it are competent and faithful in the discharge of their duties, and the convicts are properly governed and employed, while at the same time they are treated with humanity and kindness. On the 2oth ult. there were 373 military convicts confined in this prison. * All the shoes required for issue to the troops are now fabricated by the convicts at the prison, and are of excellent quality. Indeed, it is sai a oe offi- cers that we have never before had as g an article in our army, and as soon as the additional shops now in process of erection are completed many other arti- cles now purchased from citizens can, it is believed, be manufactured to better advantage there, At the same time a large number of men would be instructed in useful me-hanical occupations that would tend to make them better qualified for self-support and better citizens when they are discharged. REPORT OF THE PAYMASTER GENERAL, The Paymaster General urges the repeal of so much of the act of July 24, 1876, a8 forbids payment to offi- cers of the army of mileage for travel ‘‘on any rail- road on which the troops of the United States are en- titled to be transported free,” and he states reasons for this request which seem to me entirely satistac- T invite attention to the recommendation of the Paymaster General that such legislation be had as will require that vacancies occurring in the Pay De- partment be filled by appointment trom the captains ot the line or from those who have served as ad- ditional paymasters. Lalso make special reference to that officer's re- newed recommendation for the establishment of the annuity scheme, which was approved in my last re- port, as well as by the President in his Annual Mes- sage. Upon a reconsideration of the subject I am stall to give it my emphatic approval. The other recommendatious ot the Vaymaster Gen- eral, all of them apparently wise and judicious, are commended to the attention of Congress. REPORT OF THE SURGEON GENERAL, ‘The Surgeon General reports the total number of deaths in the army during the year, from all causes, at 256, or about twelve in one thousand. Of these, 121 died of disease and 135 of wounds, accidents and injuries. The removal of garrisons trom threatened points, although in some instances deferred later than prudence would dictate, has saved the ariny from any serious losses during the prevalence of the dreadful epidemic of yellow fever which has proved so fatal this year among the citizens of the Southern Btates. The record and pension division of the Surgeon General's Office has been called upon for information as to the cause of death of deceased soldiers in 21,074 cases, being rather more than an average number. ‘There remained on file aud unanswered at the end of the previous year 14,697 cases, xo that the total num- ber of cases to be searched during the year was 39,771. Search was made and replies furnished to the proper authorities during the fiscal year in 22,027 canes. At the close of the fiscal year 16,544 cases remained un- answered. In the division of surgical records a large number of very interesting and complete reports were ro- ceived during the past fiscal year from inedical officers of the army he frontier with troops en- gaged in india: on. various matters con- nected with army surgery; but perhaps no subject received such careful attention as that of conveying the sick and wounded from the field of battle to points of safety, and many were the devices that suggested themselves to practical officers to make the journey ax comfortable as possible to the patients intrusted to their care. UNION AND CONFEDERATE WAR RECORDS, ‘The records of the war of the rebellion, both Union and Confederate, are under the charg: of the Adju- tant General of the Army. The work of preparing these for publication is under charge of Colonel Kob- ert N. Scott, United States Army, to whose report L invite attention. The work ot collecting reports of battles by Union commanders, which were not origi- nally forwarded to this office, has been unremittingly rosecuted since the close of the war, and a very Ferye numnber has been udded to the Ales through the medium of correspondence, There are yet some important reports missing, but hopes are entertained uring them. The Confederate records obtained in Richinond at the time of its capture were brougut here in 1865, and have been caretully arranged. ‘the agent recently appointed by me, General Marcus J. Wright, has been assiduously and successfully en- gaged for the past five monthsin procuring intoresting apers relating to that side, ‘Through a candid and Bverai understanding with the Southern Historical Society, as well as with several other possessors of such papers, this department is daily adding to its material for ® history of the war. ‘The department is now ready to transmit to Congress a considorable aniount of matter systematically arranged, 80 soon as specific action by Congress shall enable it to do so. ‘The appropriations heretofore made have been for proparing for publication, not for publishing. As commencement in the latter direction [ submit that the following plan would generally be thought the dest t the Secretary of War be authorized and di- rected to submit to Congress, at his early conveni- ‘ence, the reports of iilitary operations and battles, arranged according to the jadgment of the compiler 46 approved by the Secretary of War. t $——— be appropriated to print ~ copies for distribution to libraries, &c., by members of Uon- ress, and copies for the President of the Enitea States and the executive departments of the overnment, to be distributed by the Secretary of ‘ar; and——— copies to be sold by the public printer, ata small advance on cost price, at private sale, the proceeds of such sales to be available for the prosecution of the work of collecting and pre- paring other records for publicatic That $ pe appropriated to continue the work of collecting and preparing the material tor further ublications under the diruction of the Secretary of That the Secrotary of War be requested to aubmit to Congress plans for future publications aa soon as prepared. The Engineer Department has published a series of topographical maps from actual surveys of the vari- ous battle flelds, upon which are marked the posi- tions of the two armies. These are by themselves a history of the war of no ordinary value and interest. Coupled with the battle reports now ready for publi- cation they would present all that could be obtained orasked. This would immediately satisfy the ardent desire of the public, for which it has been impatiently waiting for years. The correspondence, telegrams, &c., could follow with little delay, REPORT OF THE CHIEF SIGNAL OFFICER. The Chief Signal Officer reports that the established course of drill and instruction in military signalling and telegraphy, meteorology and the signal service duties at stations of observation and report, together with the drills of the Sij Corps with arms, has con- tinued at the school o i instruction and practice at Fort Whipple, Virginia. The officers of the signal service the course of drill and instruction, an serve pogalteiy at the post of Fort Whipple fore being put upon any other duty. It is recommended that all officers of the army intended to be instructed as act- ing signal officers, or to be temporarily instructors in feoeraphical military departments for the field duties of the signal service, be here instructed before being put upon detached duty. There have been in- structed during the year ninety-six men as assistant observers and eighteen for promotion to the grade of sergeant. ‘The wise legislation of the act approved July 20, 1878, permanently organizing the enlisted meu of the signal corps, providing 150 sergeants, 30 corporals and 270 privates, has been and will be productive of good results. It has done away with annoyances and embarrassments in- evitable without it. It has fixed the service on an honorable footing, and opened a career, of which they are proud, to the best class of young American citizens, The office files are crowded with applica- tions for enlistment, The severe examinations are successfully undergone. The clause providing “that two sergeants may in each year be appointed to be second lieutenants” gives that stimulus of permanent service and promised reward so long and earnestly sought for. Until the results of this organization, up to this time so satisfactory, have been more fully tested, it is not a lvisable that changes be attempted. In pursuance of the act of Congress authorizing “the construction and operation of telegraphic lines in the interior and upon the frontier fur connectin, military posts and stations and for the protection o! the populations from Indian and other depredations, officers and enlisted men of the signal service have been continued upon these duties. The lines in Arizona, New Mexico and upon the ‘Texas frontier are nearly completed. The lines in the Northwest, for which provision is made, are pushed rapidly forward. ‘The work of construction has been in large part done by working parties furnished by the active co-opera- tion of department commanders. A total length of 3,200 miles of line is now oe and maintained in the care of officers and enlisted men of the signal service. The co-operation of scientific men at home and abroad has been continued. It has made a world wide study possible. The popular support and the support of the press have been steady and consider- ate. There is the assurance of suocess in achieving & Public good to tollow earnest labor. ‘THE MILITARY ACADEMY. The Secretary refers to the annual reports of the major general commanding the Military Academy at West Point, and of the Board of Visitors, which as- sembled at the examination in June last, and says: Iconcur with the commanding general in his_com- mendution of the system of competitive examinations now so largely used to determine the selection of candidates tor appointment trom Congressional dis- tricts, which is indirectly but powerfully working to improve the school system of the State. I also concur in a proposed partial revision of the academic system. But I am uot at this time in favor of advancing the qualifications for admission or the grade of theoretical studies at the Academy. It would serve to exclude many young men of sufficient capa- city for the ordinary military duties without adding & necessary clement of usefulness in their perform- ance. I would rather drop out certain subjects, to give time for the study of others more practically Useful. The question of admissions at the September term is within the discretion of this department, and will be duly considered. I specially commend for favorable action the recom- mendation for sufficient appropriations to procure an adequate supply of water at the post, in connection with the all important subject of sewerage and also to complete the hospital. From personal examina- tion last summer I am persuaded that their import- ance to the health of the officers und cadets is not overstat ‘The gratifying opinion is expressed by the Board of Visitors, as s ‘general result of investigation,” “that there is at least one public institution in the United States of which itcan be truly affirmed that the more it is investigated the better it appears, and for the direct administration and control ot which no person is believed to haye been selected tor any other reason than fitness to discharge the trust coniided to him.” ‘This is the keynote to the candid and liberal view exhibited throughout the report, which should commend it to the careful notice of Congress, while it should aiso inspire in the country at large the con- fidence in our Military Academy which it has fairly won and fully deserves. GEORGE W. McCRARY, Secretary of War. REAL ESTATE. The following sales were made on the Real Estate Exchange November 29 BY LESPINASSE, AND FRIEDMAN. Joseph Fettretch, referce—Foreclosure sale of the three four sta lings, with to plaintid. tone front ‘0. 1,110 4th ay, B E. McCafferty, referee: of land, 51.1X100.8, n. Jobn H. V. Arnold, referee—Foreclosure sale of the three story brick building, with lot 17.8x108,3, No, baz 30.8 ft. w. of av. B, to plaintiff. a 8 Hamilton Morton, ri four story brick 465 West 2d st, s. plaintil ick. ree—Foreclosure sale of th Hing, with lot 21x98.u, 28.10 ft. @, of BY RV. WARNE. o—Foreclosure with lo ft, Charles Price, refe story brick build East 34th st. nm. s. ilar saleo—. story frame 150, on Boulevard, 1 piaintifr.. E. Sibley, refort brick bail ith plo corner of 15151 : . 16,000 BY 6. J. 1) Foreclosare sal with lot 25x100 the five sto Wt Kant 46 of 2d wy.; to plaintiff 8,000 e—James Wiley, referoe—o! story frame building, with three lo 100.10, No, 600 East 116th at., A; also a two story frame stable, with two lots, on the 8, 6. of East 117th st., 123 Norman Androws....... s+. 8,000 OFFICIAL BEAL ESTATE TRANSFERS, The following is a statement showing the real estate transactions recorded in the Register’s office Novem- ber 29, 187: Bd av.,o. aud wif Delancey athan Abraby , 87.6 ft. 6, of Ali Christopher Stern and wife to I ” +O. hf Pfannenschlag and wife to Washington 1. @ corner of 4th st Broadway, n. w. corner 1 regular; also Broadway, ft, S4xd0xirreguiar: Timothy gatet M. Brennan ft. s. of iikasies, Le: No. 13 East Houston st., Nos, 472, 474 and 476, 5 yours; David D, Toal to Henry Vogel $1,100 MORTGAGHS, Allen, Anna 8., to Ambrose M. . 6. of Sd av. ; 6 mont 5 . ry, to Henry Gerlach, No. 70 Essex toM w ary HE. i (ox: ¢. corner of Lexington ay, and Juth Henry Brom! “ Auguste and n. 8 of 24th at, © Park Villu Site ai Hi pal to the Mutu ew Corny about 10 acros of geo old Boston road (4th ward); due... 100, Keane, Anna U., to the Bmigs ings Bank, 0. s. of Madison ot, st, SD yoars i 5,000 Mingay, Jamon B. and wi hy surance Company, No, 190 Waverley place; 1 year. 6,000 Mueller, John M., to Adam A. Kramer, & w. corner of 1th av. # Notes, Oppenheimer, ‘ot Madison 7,000 Perry, George i, to Ai 4c.), 6. 8 of Washington ay, (24th ward 1,000 Prico, James and wife, to the Ei Savings Hank 1,090 s. another, to J. Fi Regan, James 124th st.; & years. 2,800 Schmidt, Henry and wi of 3d st. w. of Ist av; By ‘ 3,300 Tyler, Linke A. and hngband, Equitabio Lite ‘Assurance Society of the States, ©. 8. of Madison ay... of 124th 9,000 Whiting, Jambs i, and o Matuai Life ‘anew Company, Ni A 84 Bowery ; 40,000 States No, 143 Kast Broadway ; 3 yours ASSIGNMENTS OF MORTGAGES, Rerrinn, Anna ly, to Mary J. Ry@teooc cic .. Betts, George F. (executor, &e.), to Mary A. Wil Amanda B., to ‘ > |. Walter and others (trustees, dee.) to G. Foster prise ' Germania Life Insurance Company to Henry Grin. 6,000 Hail, Williom and sons, to Julius Kalsonbe: THE COURTS. IMPORTANT QUESTION OF PLEADING. In the Court of Corhmon Pleas, before Judge Larre- more, one Purvis sued George Cox to wind up their partnership in the cork business, Purvis claiming that his partner owed him several thousand dollars. ‘To this Cox answered that he had none of the part- nership funds and that Purvis was indebted to him for services rendered to the extent of $4,500, for which he claimed judgment. Mr. A. H. Reavey, counsel for the plaintiff, interposed a demurrer to the claim for services, and argued that under the new code no counter claim could be interposed to an ac- tion in equity, and that as it was not claimed that the claim for services arose out of the partnership busi- ness the defendant was left to his remedy of suing for it in another action.e Mr. Breeden, for the defendant, argued that the laintiff’s cause of action was upon contract, and as he defendant's counter claim was also upon contract it was properly pleaded, Judge Tarrenset overruled the demurrer and was of opinion that, owing to recent decisions of the Court of Appeals to the effect that a counter claim could be pleaded in many cases not heretofore al- lowed, he was constrained to stretch the rule to in- clude the plea in this action. SUMMARY OF LAW CASES, William T. La Rue, a member of Company I, of the Eighth regiment, was court martialed for failing to attend drills, His fines aggregated $14, and he was adjudged to pay a penalty of $29 besides. Failing to pay up he was imprisoned in Ludlow Street Jail. He esterday obtained from Judge Lawrence a writ of Tabess. corpus to obtain his discharge, claiming that his commitment was illegal and that he has had no opportunity to defend himself. wiand N. Hazard and John C. Hazard have brought a suit in the Supreme Court against John B. Caswell and William M. Massey, to restrain the de- fendants from using the old name of Caswell, Hazard & Co, and the phrase “Established in 1780.” Judge ‘Westbrook, before whom the case was argued, granted the injunction, FRAUDS ON THE GOVERNMENT. SUPERVISING ARCHITECT POTTER CHARGED WITH CONSPIRING TO | DEFRAUD—CONGRESSMAN CLARKSON N. POTTER BECOMES HI8 BONDS- MAN, William A. Potter, one of the persons charged with conspiring to defraud in the erection of the federal building at Chicago, was brought before United States Commissioner Osborne, yesterday, on & war- rant of removal, by Deputy Marshal Stillwell, of the Chicago District Court. The defendant was accom- panied by his brother, Congressman Clarkson N. Potter, and his nephew, James P. Lowery. Mr. Clarkson ‘N. Potter became surety in $5,000 for the appearance of his brother, and he, with the de- fendant, went before Judge Choate, in the District Court, who took the acknow‘edgment. ‘Mr. Clarkson N. Potter, who was anxious to get through with the proceedings as quickly as possible, signed the bail bond in blank, and it was afterward perfected by Commissioner Osborne. The defendant is an ex-supervising architect of the ‘Treasury Department, and, according to the indict- ment found by the Chicago federal Grand Jury, a copy of which Marshal Stillwell , asenprg it is charged that John M. Muller, A. G. Mills, James G, Hill, Edward Burling, George GC. Prussing, William A. Potter, George Reed and A. C. Wheaton were parties to the alleged conspiracy. Muller was stone contractor, Mills first assistant in the architect's office, Hill supervising architect, Burling superintendent of con- struction, Prussing assistant superintendent, Reed foreman and Muller assistant in the early days of the contract, and Wheaton was stone inspector. It also alleges that the defendants conspired on the Ist of September, 1876, to defraud the government of $850,000 on account of stone furnished by Muller in the building‘of the new Court House; that the frauds were committed on the contracts for stone, for hauling and labor. The character of the fraud is then set forth and it is alleged that in the stone contract the defendants claimed and obtai from the United States pay- ment according to ‘‘stock” measurement, when the contract really called for ‘‘nct’ measurement, thus fraudulently obtaining about $25,000 froin the gov- ernment. In the sawing department it is alleged that there was a fraud upon the government of $125,000, and that the defendants received that amount beyond that to which they were entitled. That Muller and Mills, on the 10th of September, 1876, caused to be presented to the Secretary of the Treasury and the Collector of Customs of Chicago the bill for the stone, and that Hill, Burling and Prussing certified and ap- proved such bill. The indictment further alleges fraud to the extent of $650,000 on the lsbor contract, and $50,000 on the hauling contract. WHAT MR. POTTER SAYS. Mr. Potter, in an interview with a Hzraup re- porter, stated that he resigned his position as super- vising architect on the last day of July, and that such resignation was accepted; offence which he is charged with is alleged to have been committed on the 10th September. For the sake of consistency, he supposed, he had been indicted, for he had followed the example of his predecessor, Mr. Muller, and his successor, Mr. Hill, had followed the same practice. Mr. Potter's name is not mentioned in the indictment in connection with any specific act. The trial is set down to take place on the third Monday in December, in Chicago. MARRIED AT LAST. MADE MAN AND WIFE BY JUDGE SUTHER- LAND—HAPPY TERMINATION OF A TRIAL IN THE GENERAL SESSIONS. A young man named Frank Walton, a stepson of a professor in the Columbia Veterinary College, was employed as a clerk in the establishment of Messrs. Cooper & King, at No. 101 Franklin street, about three years ago, He lunched at a neighboring restaurant, where Miss Augusta Hiller, a tidy and prepossessing waitress, tripped cheerfully through the room, the style of her neat little white cap alone being perfectly irresistible. Falling in love with the bright young woman resulted in the trial of Mr. Walton in Part 1 of the Court of General Sessions, before Judge Sutherland, on a criminal charge, the allegstion being that he had betrayed under promise of marriage. The testimony was generally regarded as conelusive and the case was to have been submitted to the jury yes- terday morning. The court was crowded, it being understood that Mr. Charles W. Brooke would sum up for the accused. His eloquence, however, was confined to a consultation with Judge Sutherland, who, evidently pleased with Mr. Brooke's communi. cation, told the jury that a recess must be taken until one o'clock, a ie expected a very important develop- ment inthe case. The mystery was the subject of general comment, and presently rumors were afloat that a marriage ceremony was in prospect and that the course of true love would run smoothly after all. UNITED IN WEDLOCK. Arush was made toward the office of Mr. Sparks, the clerk of the court, but those not directly con- cerned in the case were not admitted. Judge Suther- land was seated with characteristic composure behind the rails in one of the easy chairs, and there were also present Assistant District Attorneys Rollins and Herring, Mr. Edward Hall, Mr. Brooke and others, the rominent figures being Miss Hiller and Mr. Walton. ir. Sparks summoned the young woman and her coming lord to the desk, where they answered the usnal questions neces to be incorporated in a civil marriage. Judge Sutherland performed the ser- vice with grace and dignity. Mrs. with tears and clasping her little boy to her bosom, was then handed her marriage certificate, CONGRATULATIONS. Her good parents were in attendance, and the father, overjoyed at the scene, congratulated his retty daughter. He presented his hand to his son- in-law, who, being in somewiint of # haughty mood, refused to clasp it. When the court reassembled Mr. Brooke intimated that he had some new testimony to offer—to wit, that his client and Miss Hiller bad become man and wife. Assistant District Attorney Herring, who had conducted the case for the prose- cution, concurred in the suggestion, and, turning to the jury, Judge Sutherland observed that one of the provisions of the statute under which they had been trying the defendant was that ® marriage vitiated a conviction, and he therefore telt it his duty to direct & verdict of acquittal. ALL'S WELL THAT ENDS WELL. This was done and the joliy looking foreman in- bb ah if wedding cake would not be in order. The udge smilingly remarked that under the cireum- stances he did not know what to suggost, there being no provision in the statute for that iuxury. Another bright looking juror arose and with heartiness said he congratulated the newly married couple and all hands on the joyful termination of the case, and he hoped that happiness would result from the ending of this extraordinary case, ‘His remarks, so warinly expressed, elicited around se oo which, however, was promptly «up; |. Siveral of the jurors shook hands with Walton and her friends and extended to them their heartfelt sympathy. Xo ray of sunshine, however, lightened up the face of Walton, who preserved a very stolid deportment and evidently thought himself ‘aggrieved by the whole proceeding. On conviction he might have been imprisoned for five years. STRUGGLING FOR FREEDOM. Patrick Lynch, a tramp, was arrested on Thursday night while effecting an entrance to the stable of James W. Blay, on Jersey City Heighta, When taken to the Fourth precinct police station the prisoner made a desperate attempt to escape. Breaking away from Patrolman White he knocked over Captain Lennon and grappled with Detective McHorney, who him to the floor, Lynch, finding himself fas- tened to the floor, bit MeHorney in the * He was finally subdued and locked up. Yesier vy udge Davis committed him for trisl on achargo of breaking and entering. FINANCIAL AND COMMERCIAL, The Stock Market Active and Generally Strong. GOLD 100 1-8 A 100 1- Government Bonds Firm, States Higher and Railroads Strong. MONEY ON CALL BASY AT 3 A 3 1-2 PER CENT. WAL. STREET, Frivay, Nov. 29—6 P. M. Yesterday's good cheer seems to have further ex- panded the'cockles of the taurine heart, especially as its sympathies were directed toward the North- westerns, for in these securities was the chief in- terest of the day concentrated. After a fractional fall early in the morning there followed in these stocks a a rally, sharp, vigorous and well sustained, It was threatening enough to drive the smaller beara into fits, but it made little or no impression upon the case hardened grizzlies of larger growth who are short of the stock. So it would appear that the Northwesterns were advanced to-day, not by reason of a clamorous deménd upon the part of shorts who feared a squeeze, but from the persistent buying of the bull party, whose absorbing powers seem to have nolimit. While the general advice to inquisitive specu- lators is to “go in and win” the speculation itself is not clapped on the back by any additional incentives toa rise. The same statements as to the remarkable earnings of the road and the same predictions of an “‘incarna- tion of fat dividends” to come are the stimulants employed. As an arrire pensée there may be some hope of cornering Messrs. Gould and Sage and some hopes of receiving an unexpectedly large divi- dend upon the common stock, but the true base of the upward movement rests upon the improving con- dition of the road itself. During the last hour prices receded atrifle and the stock had a tirod look, as though the speculation, like the road itself, had been overworked in trying to produce a good impression upon buyers. Nearly asstrong as the Northwesterns were the St. Pauls, for no other reason, apparently, but that they hailed from the same country side and desired to appear neighborly. Illinois Central sank away two percent from opening prices, but recov- ered half of the loss at the close, while, on the con- trary, Wabash rose nearly two per cent at one time and afterward lost one, thus proving the truth of the adage that “‘two of a trade never agree.” For most of the day the coal stocks were on the weak side of the line of steadiness, but inthe last hour or two some desire was manifested for “cash’’ shares of Delaware and Lackawanna, and this being construed as an evidence of a large short interest the price was bid up to three-quarters per cent above that of the opening. The Hannibal and St. Joseph speculation was weaker—the deus ex machina which has lately manipulated the stock apparently not being in working order to-day. Lake Shore, after ad- vancing from 6934 to 7014, got its usual tumble and fell off to 69%{. Its friends, though loud in commen- dation of its excellent qualities, seem gifted with no better luck than Sisyphus in their endeavors to rol! it upto shigher standard and keep it there. The market was barren of reports and rumors, and, with the exception of Northwest, the general list re mained without feature. The opening, highest, lowest and closing prices of stocks and gold at the New York Stock Exchange to-day were:— * Opening. Highest. Lowest, Closng, ‘6 100; 10036 lou, Bk TK BB. + 94% = 9B 94H sb 1S 63% «= 68% Bg SR: . 69% TOK 6D BOK 80 0% = 791580. Northwest............ 47% 47% AT ig aT Northwest preferred. 774 18 mM OT St. Paul...... assesses Bh BBM BAK BB St. Paul preferred... 703, 71 0% 10% Del., Lack. and West.. 46% 46% 45S 46% Eric Railway +19 KD 19 Ohio and Mississippi. 7% TN 74 1% ¢., C., C. and I. B33 38S BS. sh Railroad...... 20% 21 19% = 19% 29 m0 29% 6 6% 6% Tg «TTB 66 66% sg OBE ph.. 14% 14K OHO Han. and St. Jo. pref. 365 361% cy ‘The closing quotations at three P. M. were:— Bul, Asked Bid, Ai At & Pac Tel.... 28% 29 Kansas Pacific.. 114 11 Chicago & NW.) 473. 47% Kansas & Toxas. 7 c mat THE Lake Sh i 118 2 88 60) 110% Hot Si, 35) 4 B44, Mila Str p' 7 mn Mo RZ New York Con 117% 112 79% New Jersey Con. 2049 — Ohio & f M ae 24 Ohio & Misspt.. 158% 16 46%, Pacific Mai 158, 381g 3832 Panama, ‘Adamg Ex ‘American US Exprens.... lnicksilver pf.. 34 BS. Wells Pacokx mi O° tLe lron Me. 19% 15 Erie. 1 19) 19% StL KO aN... 3 BLO RN pt ay 25) EStI9 pe: Sa BS Wentern'Gn Tol, fart Hiinete Central. my 76 Wal * 19%) 20 The total sales of stocks atthe Board to-day aggre gated 209,152 shares, which were distributed as fok lows :—Western Union Telegraph, 5,500; Pacific Mail, 100; Erie, 2,435; Lake Shore, 24,930; Union Pacific, 200; Illinois Central, 1,335;. Northwestern, 24,300; Northwestern preferred, 17,085; Cleveland, Colum bus, Cincinnati and Indiana, 500; New Jersey Central, 4,510; St. Paul, 16,000; St. Paul preferred, 8,800; Wa bash, 4,855; Ohios, 200; Lackawanna, 56,455; Morris and Essex, 4,450; Hannibal and St. Joseph, 1,186; | Hannibal and St. Joseph preferred, 3,250; Delaware | and Hudson, 2,900; Michigan Central, 510. | Money on call was easy at 33%; per cent, and — closed at the former rate. The following were the | rates of exchange on New York at the undermen- tioned cities :— Savannah, buying at par, selling & \ premium; Charleston, scarce at 3-16 a 4, bank, 3 St. Louis, par; Chicago, weak, 758100, and Boston, 25 premium. Foreign exchange was weak, with actual business at 4.81 a 4.4115 for bankers’ long, and 4.85), | 8 4.86 for demand sterling. 4 Gold advanced from 100}; to 100% at which price the market closed, The clearing house statement was:— Currency exchanges. a2 RK " SSE TOO' -§ A ry + $84,960,068 9,320,373 Currency balances 1,329, Gold exchanges 11,054,087 Gold balances... seeee 1,070,736 —and the gold clearings at the National Bank of the State of New York were:— Gold balance: Currency balances... Gold clearing: ‘The imports of dry goods at the port of New York for the week ending this date were $959,854, and the amount marketed $924,819. The total imports of dry goods since January 1 were $69,742,282, and the total amount marketed $70,562,107. Government bonds were firm and closed at the fol — lowing quotations :— Bid. Asked, ‘United States currency sixes......... 121 —- & United States sixes, 1881, registered. 1073 107 United States sixes, 1881, coupon.... 10954 109 United States sixes, 1865, now, regis.. 104 104 United States sixos, 1865, coupon..... 1037 104) United States sixes, 1867, registered... 106 106% United States sixes, 1867, coupon.... 105 106 United States sixes, 1868, registered. 1001 10) United States sixes, 1868, conpon.... 109 109: United States ten-forties, registered.. 107 107 United States ten-forties, coupon... 107% 107% United States fives, 1481, reyistered.. 100% 103! United States fives, 1841, coupon 10% 106: United States 44's, 1891, register 104% 104% United States 45's, 1891, conpon.... 105% 105% United States fours, 1907, registe 100% 10015 United States fours, 1907, coupon... 100% 1005 The London advices report very little change im consols and American securities as compared with” the closing quotations of Wednesday. Consoles were quoted at 96; for both money and the account, United States 44's at 106%, 1807's at 108%, ten-fortien at 10975, fives at 109%, Erie at 19%, Erie proferred at 82)4, Illinois Central at 7944 and Pennsylvania at 38%. New Jersey Contral and Reading were down 1 per cent, selling at 31 and 1244 respectively. To-day is ICONTINUED ON NINTH PAGE