The New-York Tribune Newspaper, February 2, 1867, Page 1

Vo XXVL WASHINGTON. YORE THE SENATE—THE TEN- PEACH- —SESSION N0« 8,056. THE RANKRUPT BILL URE-OF-OFFICE BILL IN THE HOUS PROSPECT FOR THE TARIFF BIL RECONSTRUCTION COMMITTEE—THE COM- PPOINTMENTS O’ POUND INTEREST NOTES ¥IRMED AND REJECTED — NEW-YORK NAVAL OFFICE. WY TELEGRAPH TO THE TRIRONE. WASHINGTON, Frida » sat until 4 o'clock to- but trans- except the passage ¢ the Clerk of the | some days, and | ¥, Feb. 1, 1607. The S acted no business of importance, of the bill to regulate the daties o House, which has been pending for been postponed from time to time u_» :nllu'\\ the Ih-u.lr ocrats an opportunity to examine it. 4.u‘n-rnnnw devoted an hour’s speech to it this morning, and it was then passed under a call of the yeas mulA Mr. Johnson voted for it. Messrs. Dixon and N were both their seats, but did not vote. Three ssing the Bankrupt bill. House rton Lours were spent in discu The pending motion was to strike from the il & clause exempting from sale under the law t debtor's property exempted under the Homestead laws of the se States. It is evident from the tenor of the discussion that the bill cannot pass the nate if this is stricken ont. To-day was private bill day in the House. A num- bills were acted upon up to 8 o'clock, Jed up the Senate bill regulating tho tenure of civil offices. This bill, as it passed the Senate, contains nine sections. The first section pro- vides that every person, except Cabinet officers hold- ing civil office by and with the advice and consent of the Senate, and also every person hereaft r appointed to office and duly qualified to act therein, shall hold said office until a successor is appointed by and with the advice and consent of the Senate. Section eeeond provides that any officer of the United States, excepting Cabinet officers and Judges of the United States Courts, who, during the recess of the ate, may be found guilty of any misconduct in office, the President may sus- pend said o and designate & person to act in his place until the Senate meets and takes action in the matter. It further provides that the President shall make known such suspension, ete., to the Sen- ate within 20 days after the first day's session. In case the Senate refuses to concur in the suspension, the officer so suspended shall resume the duties of his office, the salary and emoluments of said offic during the suspension of an officer going to the offi- | cer performing the duties during the time of suspen- { wion. Sections third and fourth provide that the | President shall have power to fill all vacancies which may happen during a recess of the Senate by reason of death or resignation, by granting a commission which shall expire at the end of the mnext session thereafter, and if no appointment by and, with the advice and consent of the Senate, shall be made to such offices so vacant or temporarily filled, as aforesaid, during such next session of the Benate, such office shall remain in abeyance, without any salary, fees, or emoluments attached thercto until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate, and during such time all powers and duties belong- | ing to such office shall be exercised by snch officer portion of 4 berof priva when Mr. | a8 may, by law, exercise such powers and duties in | 1 ease of & vacancy in such office. Nothing in this st contained shall be construed to extend the tern | of office, the duration of which is limited "by law. Reetion fifth provides that any person accepting of, orgcting in, & Government office contrary to the provisions of this act, shall, on being found guilt) befined to an amount not over $10,000 or imprison- | g fi ears, or both. ion six | anors, and provides punishment for | , appointment, or employ- | ment made, had, or exercised, contrary to the provis- Jons of this act, and making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in respect to any such appoint- ment or employment. Section seven provides that the Secretary of the Senate shall, at the end of | each session thereof, deliver to the Se of the Treasury and each of his Assistants list of all persons who shall have been nominated to, and rejected by the Senate during such session, and a like list of all offices to which nominations shall haye been made and not confirmed. and filled at | such session. Section eighth provides for the Presi- dent reporting to United States disbursing agents all | persons holding office without advice and consent of the Senate. Section ninth provides for the non-pay- ment of any person holding office in violation of any provisions of this act. Two hours were consumed in debating the subject. Speeches were made against the bill by Hise and Finek, both Democrats. Williams, Stevens, and Don- nelly each offered an amendinent, and advocated the adoption thereof. Williams's amendment was to in- clude within the provisions of the act Cabinet offi- cers. Stevens's amendment was to render ineligible 10 office, for a period of one year. any man once re- jected for the office by the Senate. Donnell wmendment was to provide for cases where the Pre dent appoints a man to office during the session of Congress, aud dates his commission back to some period during the recess. Hale spoke against all amendments, principally because he was afraid, if the bill had to go back to the Senate, it would not pass this session. A vote was taken first on Wi- Jiams's amendment, which was rejected by the close vote of 6 Yeas to % Nays. Stevens’'s amendment was rejected by 8F to 118. Donnelly’s amendment was also rejected. While the voting on these amend- ments was going on, a great deal of canvassing was Veing done by members, It was evident that a ma- jority favored the amendments offered by Willis and Donnelly, but voted against them on the state- ment of Hale that amending the bill would be apt to kill it. Just before the House adjourned, a motion was made to recomsider the vote rejecting Williams's wmendment, and on a vote to lay this motion on the' table the Yeas were 69, and the Nays 72. This showed » change of sentiment, and leaves the bill open for umendment to-worrow. Gen. Ashley is busily engaged working up the im- peachment business. It is said he has just come into |, possession of some very important facts, whieh will be exceedingly damaging to the President. The Ju- diciary Committee, in the mean time, are doing noth- ing specially on the subject, and will not begin active operations until Gen. Ashley makes out his case. The Committee, however, are going alicad with the other portion of their investigation in regard to the impli- cation of Jeff. Davis in the assassivation of President Lincoln. They expect to get some important facts relating to this matter from Swrratt when he arrives. The Committee on Reconstruction on the part of the House have held several meetings recently, but they have all resulted in purposcless discussions, each member having his own ideas and propositions, neither of the latter being favored except by him- self. The Joint Committee on the part of the Senate and House will hold a meeting to-morrow, which, in view of the few working days left of the session, will be a long and important one. The Ways and Means Committee gave audicnce to- dlay to several interests desiring reductions, &e., among them the Insurance Companies, who com- plain that the tax on their business is too heavy. The Committee intend to proceed at once with the tariff. It will take them a week o ten days to go through with it. The report that Jay Cooke, Gov. Smyth of New- Hampsbire and other prominent bankers and busi- ness men of the conntry had held a consultation with the Secretary and Coutroller of the Treasury, and also with the Senate Finance Committee, and that all parties had agreed upon a bill authoriziug the Seeretary to issue a temporary loan for the purpose ment not exce declaves misd the same for every r \ | of redeeming and retiring the compound interest - notes, is likely to mislead the public. This subject soust ko before the Waye aud Mcans Committec of | son L of Gen. Est held the position fora y drawn. a proposition for providing nate there. The ussed the question the House, and, bein venue, it should properly or ter Committee have fully di with Secretary McCulloch and others, and have de- cided not to entertain the subject. It is not possible, therefore, under present circumstances, for the propo- sition to become a law. [lhe Postal Committee to-day decided to recom- mend the repeal of the law prohibiting the carrying of books and newspapers in the Overland Ma making the postal laws of the count uniform in their action. A large delegation of bankers from Cincinnati, St. Louis, and Chicago are here to oppose the adoption of Randall’s Banking Bill, now before the House for actio The President to-day sent to the Senate a large batch of brevet appointments in the army. He also sent the names of a few Postmasters for Tennessee, and also the name of Gen. Fullerton, of Steadman and Fullerton Freedmen's Bureau Investigation fame, as Postmaster at 8t. Louis. There has been a very Ditter fight over this appointment. Foy, the present incumbent, has held it fora year through the in- fluence of the Blairs, notwithstanding he was re- jected by the Senate. Tt is said that the vacancies abont to occur in the offices of Collectors and Assessors in the Second and Third Districts, Brooklyn, will be filled by the appointment of discharged military officc The excitement over the al Of is being renewed. Col. Wood of Brookl, pressing his interests, and Thurlow Weed 5 expected to-morrow in the interest of Deputy Collector Frank- lin. It is said the appointment wonld have been made weeks ago but for the fact that Gen. Dix still holds the office, subject to his rejection by th as Minister to France, upon the principle th A in the h &e. Tt is believed, however, that pointment of Naval Officer will be made to-morrow. One Seth Marshall, who was about two years since «d Postmaster at Painesville, Ohio, by Presi- was removed last Summer by been reappointed, Mr, Johin- s deceived by the it locality in pintment of the appoint dent In, and wl President Johnson, ing ascertained that he w representations of the Democrats of t the removal of Mr. Marshall aud the 4 his successor, Samuel McKelvy, another renegade Republican e Johnson party in Pitts- burgh, was to-day rejected by the ate for the United States Marshalship of that eity. Rencgade Republicans who have been appointed to office stand little chance of confirmation. Straight-out Demo- crats are thought more of. sen. Heath, who figured prominently in the Sol- diers’ Convention at Cleveland, was to-d. by the Senate as Secretary of New-Mexico, in place nother Cleveland personage, who has , but who Las never been r the Territory, and whose commission is with- This confirmation gives New-Mexico an Executive Officer, which she has not had for the past two months, the Governor and Sccretary both being here. The Senate, in exceutive session, confirmed the following nomination: H. H. Heath to Mexico; Milton D, rthe Distriet of Iow of Tnternal Revenu ijo; Seth Marshall to be ville, Ohio. The following nominations were rejecte and a ward leader of Win. W. Warren to be Assessor of Tuternal Revenne for the Seve District of Massachusetts; Benfjamin Fox- | well, Burveyor of Customs at Llewellershu o | saml. MeKeélvey, United States Marsh: i Calel B, Bowers, Collectc Distriet of Pe Third District of New-Hamp- Internal Reven shire. Post No. 1 Department of Potor the Grand Army of the Republi are in this city, are having a grand ball Among those present are Gens. Butler, Logan, Geary, Pa arnsworth, and Washburn. he terms of serviee of 15,000 troops enlisted in 1564 in the Regular Army expire during the enrrent year, and the War Department will fill their places by fresh enlistments. About 12,000 men have b cruited since Oct. 1, and if enlistments cont the same ratio, the minimum strength of the army will be reached in abont three months, The Commissioner of Indian Affairs has appointed the following civilians as part of the Commission to investigate the ciremmstances connected with the re- ylvania or t 1 of the Order of whose headquarters ght. eadn; In addition to the army will be appointed on the Commission, whe have not yet been selected. The Commissioners will dezvous at Omaha on the 15th inst., clothed with ple power to make a full examination of the matter brought under investigati The announcement of the death of the Hon. Philip Johnson will be made to-morrow, and the funeral take place on Sunday. The President has issmed his proclamation dated Jan. 27, After reciting the laws of 1826 concerning discriminating duties of tunnage and imposts, he concludes as follows : And whereas, #atisfactory evidence has lately been received by me from HiS Majesty the King of the Hawaitan Islands, through an 1 communication of His Majesty’s Minister of Foreign Relatious, under date of the 10th of December, 1806, that o other or ligher duties of tunm; ad fmposts are fmy ports of the Hay dands npon ftizens of nited St chind d from any forelgn , than_are fevied on Haswalian Oes 1n the same ports under like cire Now, therefore, I, Andre United Btates of Ameri that so much of ed, #o far us A8 and then 1 into the 1gn countr States in the same Ixlands and from any oth e snid suspension to take from the sal ¥ -cemnber, and to continue theneeforward so Jong as the rec i vesscls of the Unite States, and the p %, and me imported into the dominions of the Hawalian Islands, in the same as aforesaid, s inued on the part of %l:]« Governmeut of His Majesty King of the Huwallan slatids. XXXIXtn CONGRESS, BY TELKGRAPE TO THE TR BENATE DISTRL POLAND (Rep., V ECOND SESSION. WASHINGTON, Feb. 1, 1867, SURROGATE, ) introduced a bill for the Distriet of Colmubia, 11) the bill to regulate & cpresentatives wis tiken up. Mr. DAVIS (Dem., Ky.) spoke at some length against the bill, characterizing It us a party measure, having none but party purposes in view. Mr, l'lgl;lllfl'l.h suid 1t was a bill that came from the House, where it had received the ranction of all partics, The origin of the law, he said, was the fuconvenfence of ory umthg the House without some special deslgnation of this kind., It only differed from the existing law in declaring that the Clerk shall only put upon the list members from States represented in the previous Congress. Aru:r farther debate by Mr, DAVIS, the bill was passed. Yeas, 51—Nuy#, 6. Thé negafives were: Buckalew, Davie, Hendricks, Nesmith, Patterson, and Saulshury, all Democrats. THE BANKRUPT BILL. Mr. NELSON (Rep., Mags.) moved to take up the bill to abolikh and forever prolibit peonage in the Territory of New-Mexico, Mr. POLAND (ep., V) had 1o objection to taking np this Dill if it would lead to 1o debate, but he wished to et the Bankrupt bill passed as soon ak possible ; and he selieved it was properly before the Senate huving been made the special order. The CHAIR sald the Bankrupt bill was not before the Senate. The time for which it was made the spe al onder was passed, aud It bud been superseded by other hills. Mr, FESSENDEN :ner.. Me.) hoped the Bankrupt bill en up and disposed of. Mr. CHANDLER (Rep., Mich.) hoped the Niagara Ship Cana) bill would be taken up. It would lead o no de- bate, he thought. M NE (Rep., Ind.) said he was opposed to hoth bills e Bankrupt bill first. motion and the Bankrupt jon was upon the amend- I omuittee to strike out to the operation of the bill the And such other property not incladed in the foregoing exceptions as is exempted from levy and sale upon execution by the laws of the Btate in which the bankrupt had Lis domicile at the time of the commence- wuent of the vroceediugs (n bankruvtey 1o 4l swount uot d taking u, \\'lllldl‘:‘\'l following words: v confirmed | TW-YORK, ATURDAY, FEBRUARY 2, 1867. AAO TN aribane, exceeding that allowed by such State exemption laws in force in 1864.” Mr. DOOLITTLE (Dem., Wis,,) hoped this would not he stricken out, and expresscd himself in favor of the bill. Mr. TRUMBULL v, 111) contended that as the ex- emption laws of the States differed mater] empting $1,000, another $100, another £300, and »o ou, the Dill with the par ol in it would not be s gencral bank- rupt law, the only one wh mgress had a right te T The Judiclary Committe re unanimously of this ¢ . fon, and he appealed to the lawyers in the Senate whether it was not a correct one, Mr. DOLITT! nestead was a saered trust fund, held a and while it might differ in amount in the several States, the rule was still the same every wh Mr. TRUMBULL replicd to Wisconsin to pass d Inquiring how th d i 'that State insuch 1red to. ) 4Ih>rv, Vt.) called Mr, Trumbull's attenti that the exemptions in the paragraph w L as were allowed u T the 1 foree In Mr. TRUMBULL safd that the in the amount. The bill proy any future laws ot exceeding th of 1864, Mr. WADE (Rep., Ohio) #ald his own opintons were rathicr in favor of a Buukrupt law; but, two years ago, the Olifo Legislature, by a nearly unanimons vote, instructed him and his colleagues to vote against the Bankrenpt bill, Llfi should therefore feel compelled to vote against the i Dolittle by supposing ¢ exempting all the Bankrupt law 1 event with the W Mr. HENDRICKS (Dem., Ind.) concurred in the views 1-x‘m~~wl by Mr. Trumbuli on the pending amendment. A Bankrupt bill must be uniform inits operations, and it could not be uniform with this provision in it. Mr. HOWARD (Rep., Mich.) opposed the amendment. To strike out this provision would be vi y to amend the exemption laws of the States, which € r(ml-r todo. When the Constitution speaks of uniform hankruptey it i% to be understood as meaning that the laws of gress shall be uniform as far as Congress iy concerned ; that i, that it shall not wake one law for one State and another law for another State. He had no doubt about the constitutionality of this clanse, and ;;;rlln»r than see it stricken out he should vote agaiust the bill, f i Mr. CON that the ¢ formity strictly perting ESS (Rep., Cal) was fnclined to the elic stion raised by Mr. Trumbull ax to the un provision in it, was helieve the uniformity re- luted to the amount cx- hould be sorry to see the ally affect bis Staf L i ¢ the bill with this it He did not onstitution g 5,000 was excmpted the foeal Legislature of e of the proper amonnt to be ny s could be. Ax the bill came from the i wonld vote for § ment were adopte teel compelled to inst it. A RIMES (Rep., Tow whethe eawe a law, it would be excmption Taw also, whethe the Union af eup r "OLAND t it would not | e exemption. i’ the power. N N r- DAVIS (1 (Dem., . ) . WILSON 1 ng property ot exceeding in (Rep., Me.) asserted the right of il with a iston in it similur to 1 to be stricken out. Witheut something for the bill. AJOURNMENT, krupt bill, Mr. nivous consent i Secretary residuary ¥ Suiithson upon the same terms as the original st; which was passed. ‘The Bankrupt bill was recumed without reaching a vote, ‘The Senate, at 4 p. m., went into Executive Session, and soon after adjoursed. HOUSE OF RE T SMITHSOS TATIVE N LEGACY. \ IN (Rep., H.), one of the regents ot Spulthsonfan Listituti K sl tion directing the Seerctary of the Treasury to receive into the treasury, on the xiame terms as the original be 1o residuary legacy of Jumes Smithson, now in 4 in the hands of the Institution, Ao ting to b 63, togetler vith sueh other st as the regents may from time to the see it to deposit, not exceeding, with the original bequest, $1,00,00. The se« quest, United States Iy ond secticn anthorizes (b owe from the residuary | ey o be u A of Regents in the - manger us the e iginad bequest, i aecord tof Aug ald thiee tines TESENT T0 ., Muss), from the € fed i Jolnt resolit A Webster, fr., of th the Governient of Gr iathon of s JEARDBOR MY N lll RRY ( N. Y. the Commit 1 to Inguire Into the Internal Revenne law as all copper stilly that may be ates aud the sale of the same On motion of Mr. 1 tee on Ways and Mes e the United only. PATENTS, the cons 0wt the authorize the € o heirs of Th t ot th n for the reinter v Ut 18, 1846, for hnprovements in WL BCTCW B i) weing serew heads, i usion of such pi 1867, wnd August 18, 1867, Mr. BROMWELL (R TIL) who reported the bill from the "(r'lllllllllll ©on Patents, addressed the House b sup the bl bill was opposed by Messrs. HALL (Rep., ASHBURN (Rep.,, Mass), ALLIBON (Rep MOKRILL (Rep. V t Mr. HALE v liis he the same g endy paid millions that the widow and crest to the Amevican Sciow Company of Pr Mr. ALLISO ehieln b th Berew Com Amcrienn war Mr. BTEVE, ferew Company b TORRELL added that the stock of the cent over par, and that it LI denied that the Will was for the hene- asserting that 1t was v Wik 200 0F 500 I u|><lr of the Comnuttee on il 10 Jay the bill on the able. Mass,) demanded the Yeas and thon was negatived—Yeas, 50; Nays, 75. ' the bill went over to 0-MOrToW THE TENURE-OF-OFFICE Bl The House then, at 13 o'olock, took up the Senate bill regulating the tenure of certain eivil offices, the debate being, on the suggestion et Mr. HALE ( s N Y) Limited to half-hour speeches. Mr. FINCK (Dem., Ohlo) opposed the bl as an en- croachment on the Constitutional rights of the Executive branch of the Government, Mr. WILLIAMS (Rep., Pa.) #ustained the bill; suggest- ing, however, some amendments 1o it, by the transferring 10 it of certain provisions contained i the bill on th same subject, reported by hin from the Judielary Com- mittee. Mr. WOODBRIDGE (Rep., Vt.) advocated the Senate Dill, and opposed any amendment of it iu the House, be- cause that would, in the present condition of the business, pming a Juw this session, LLY (Rep., Minn.) spoke in snpport of the bill, and moved an amendinent to the third section, pro- viding that no vaeancy shall be hield to have happened Auring the recess of the Senate, i the fucwmbent of the office was in the exercise of its dutles on the day that Congress convened ; and that in such cnse the person ute. ) made an 8 unconstito sons nominated to, ted by the Benate, i of lwl(lhu{ nn” for one year, and Le offered an wmendment fo th AKER (R . Tonse, at 3| A the previons ques- tion, sud My, HA e of the bill, made the Closing argument in its support. He advocated % 0 proper measure of permanent legialation, and rely as applicable to the present state of parti Hing in it, he argued, derogating trom th sirable exerelse of Exccutive power, Al of suspension, ull th tting id of unworthy officers, would it whero it now The only change it m 8 that that suspens conld not ripen bito removil wit Scnate. He opposed offered to the hill, beeanse §f the bill were amended at all, it would de- lay the final passage of the Dill 10 time to pass it over an Executive veto, which might certaiuly be anticlpated for if. He was particularly opposed to the proposition of Mr. proval of Williams, which would make the bill apply to Cabinet officers. e appealed to the House not 1o d«{ oy Simendment which would have the cffect of ng the bill back to the Scnate, and probably of defcating its vas- « as the first busivess in order dur | s for seven years from May %0, | | by the Lighest tri [ W z:t;l(‘llnu sewsion, but to pass the bill as it came from the The dehate being ¢l roceede on the hill and P At 455 g The first amendient was that offered by Mr. Williams, to strike from the first section the words, “excopting the Becretaries of State, of the Treasury, of War, of the Navy, wnd of l. - dor, the Postmuste eneral and the At- tor “u;nnn by yeas and nays and resulted the amendment was rejected, 4l the Demoerats voted in the negative. When the result was ready to be it wits o tie vote, and there was considerable anifested as to how the Speaker would cast his necessity for that, however, was obyviated by anging his vote from Ay " (o No,” leav- | result as above indieated. M. HALE moved to reconsider the vote refeeting the idment, aud (0 lay the motion to recousider on the e Yeas and Nays being demanded, ho withdrew the g cariug to run the risk of another vote, he v amendments, offered by Messis. Williams, Donnelly, and Stevens, were severally rejected, the latter {37 Yens and 113 Nays, A p., Ind.j moved to reconsider the ams's amendment as to Cabluet 5, TALE moved to lay the motion to reconsider on able, which was negatived by a vote of 67 Yeas 1o T4 procecding farther with the matter, a movement or an adjoursment. LEGALITY OF B B PROCLAMATIONS, Mr. WILSON (Rep., Towa) gave notice that e would, on next Mouday, report back from the Judiciary Conmittee the House bill to declare valid and eonchisive certain proe- lamations of the President, and acts done in pursuance ‘reof, or by bis order, i the suppression of the re- I‘IU"' ATE BILL PASSED—TAX ON WRAPPING PAYER. Mr. STOKES (Re 1) on leave, infroduced a joint resolution to pay Capt, Daniel C. Trowittes of Teunessee, for four months service in the army. It was read three thines and passcd. On motion of Mr, KETCHUM (Rep,, N. Y.) the Commit- tee of Ways and Means was instrueted to nquire into the propricty” of removing the Internal Revenue tax from !:lul-plnz paper, and placiug that article on the I8! free 3 Mr. HOGAN (Dem., Mo.) introduced a bill to enlarge the United States Arsenal at 8t Louls. It was referred 1o the Committee on Appropriations. . EXECUTIVE COMMUNICATIONS, he SPEAKER presented communications from the President, as follows: Teansin{tting e report of the Seeretary of War with fnforniation asked for by the of the 2510 of J i act of the 23th of July, sviding for the appoiniment of 4 s 156 o esanine and report certain claims of the It was laid on the tab 1ssion t [ lowa, on the present condition of sulyject of the evacuation of 3 1t waus referred to the Committee on rts from the heads of the several with information in regard to ap- alled for by tho I resolution of Referred to tho Belect Committee on Civil Service. NSTHANCES AND PETITIONS—ADJOURNMENT. i N, Y.) presented a remonsty Toy, against change In enn.) presented a similar re- cAulay and 13 other Presidents tshurgh, o ational Banks nn. VAN HORN (R« N. Y presented petitions of Liers of the war of 1512 and others, asking ald for such soldicrs from Congress, The House at b o'clock adjourned. THE TEST 6.-! i'll. —— | COL. MAGRUDER'S CASK REPORE THE DISTRICT SUPREME COURT. BYTHLRGRATH TO THR THIRUNE Was itox, Feb, 1.—The Supreme Comt of the District of Columbia is still engaged in bearing argnments on the question whether the test oath red for admission shall be set aside. Col. Magruder, who asks to be admitted without being required to take the oath preseribed by law for at- torneys, in Lis argument to-day asked to be restored to his former privileges as a right, and spoke of his having been an officer of the late Confed- army, saying that whatever offences he had unltted as such had Leen pardoned by the Execu- tive, humbly submitting that he could be excluded a spirit of resentment which ill becomes the he question arese whether rt did not adopt a ru with the ( titution of the United States and the Jaws of the land, He was at o loss to know w law pronomneed by the United Btates Snprenio the wst tribiual in the Jand, noll and void, should be enforced here, If w0, it must be shown that there ia something intereepting the relations with this Conrt. When an act has n anal of the land fo be unconstitu- tribunal which will insist on it? ked that the question was had power to make mles for this 1 1, for this rule was being enfo Mr. Magruder answer the rul I, s there an; we Wylie ren her the Cov ssion to the b 2 rule, and not as 1 tion that the Court had snehpower, provided that they did not violate a law of the land ; and he argued that the 1mle in contruvention of the law, mnst e 1 and void. Chief-Justice Carter saidd that the ¥ que was whet] i mandutory or advisatory. Mr. Magruder «l to argue that the rule now operates facto. ~ What did it prove? “Judge replied that it provides that vot bave given aid or comfort to the My Totton followed in opposition to the or e its own rules, closing by remarking that it itted that this was the pioneer case, o skir- Rt lines, and o hrr nimber were a n of the Conrt. He had taken the trouble to examine the record apd found the name recorded to an oath that he would support the Con- stitution of the United States and that he believed in the Christian religion, nnder date Dee, 12, 18 Now would the Court give the gentlen certifi- ate that he is a man of character, that treason and kn rjury were the elements of a fair character. Mo Magruder begged to explain, and denied thiit he hiad been guilty of either of these offenses. He was a citizen of Virginia, a3 also a native, but raised here. He left the Distriet while Vieginia was yet in the Union, and went where lis relations and property were, The State required b ance, and had the power to coerce his allegi i ulh»gli- ce, It mpossible then to know ‘wlml was to o post Carter shiall Rl | motion, taking the ground that the Court had 10 ma ES e, fako pinc when t i of conrse his_symp . W peopl - 1he d th ph llhm friends. He did not_leav District for the purpose of entering the Rebel- Mr. Cook followed in uHunilion to_the motion of admission, saying the deeision of the Supreme Court vas not entitled to profound respect, being a_bare jority of the Conrtstrmggling therewith. Mr. Brad- reniarked that, as a eitizen, he could not sit and ar the Supreme Court spoken of disrespectfully. here was o rule of the Court on the jeet, and he asked ~that it he enforced. Chief Justice Cartter did not nnderstand that the counsel was speaking disrespectfully of that Court, He was referring to the fact to show what de f ce should be given to the opinion. The will be resumed to-morrow, Pt R THE FENIANS, LA A SUMMARY OF THE TORONTO TRALS—NAMES OF THE CONDEMNED AND ACQUITTED PRISONERS, BY PHLEGKAPH T0 THE TRIBUNR. Toroxto, Feb. 1.—Below will be fonnd a complete Jist of the Fenian prisoners confined in the old jail since June last. There are at present confined in this city over 26 of the prisoncrs, three of whom—Henry Lavelle, Peter Doran, and John Moran—will, on the removing of the others to Kingston, be sent to the new jail. The condemned prisoners now await their removal to Kingston with resignation. It is not likely that they will be removed to the Provineial Penitentiary until the sentence of those convicted at the present assizes are commuted. The following un;lt he names of the convieted, discharged and ac- quitte Convicled—Col, Robert Bloss Lynch, the Rev. John M M o Hayden. Daniel Whiblan, Thomns shool, John Quinn, Jumes )‘nrfia Thomas' Cooney, ernafd Duuun, Soln Gallagher, Ovel Xennedy, ¥, ley, Peter Panl Ladwith, Patrick MeGrath, Thomas' H, Max! el . Norton, Joliy O'Counor, P. O'Nelll, W. Purtell, nlel Quinu, e uiled—The fev, D, Fr Tgmaden, Bengamin Purry, Win. Baker, John Coney, Michael Corcoran, James Diniond, John' Dillon, Patiiek Donobue, Daniel Dram- et Vs R, G Mt atric) a :u%lln;.lcbomuu:l? Wit Orr, John Swith, wnd J ng. "I':b-(zi (mo bills being found in some eases, s the evidence bein, James Bell, Pat Bellow, k ;_'plrlck Dolan, McDuffey, John Dineen, David l)unn‘ Dun i 1_Flannigan, Flausbrough, Paf B el Michnel’ Hart, Jumes H. Hlck- Ji ohnston, Ed. Kelly, E. Keys, b j et John .’..'.‘:.‘:,'?" ohin e 3 3 Mayfield, Geo. Ml . T Mooy, Jas. Quin: Reynol 3 3 lan, Jnllll(-urlc;m n, John n::’dll- John*. g ' ) - Wells, Thos. Wilkes, P. A piyders Jnmea Walters oo, Wellh ok Thoman Mo: nl Morrison, Joh ¥ h, Duil John Nec A Prasels nn-.:a.:-s O"Malloy. Dischary —John Carney, Dillon, Thos. Dievin, Titohan i, Daniel Voleye hm w Kirkland, Owen Kirk, Joha Lemuior, P W, James . Am'u—mmwu‘““m L - W o | REMOVALS FROM OFFICE. iz bt ANSWER OF THE PRESIDENT TO THE HOUSE NESO LUTION OF INQUIRY, BY TELEGRAPH TO THE TRIRUNE. WASHINGTON, Feb. 1.—In answer to the House 1es- olution offered by Mr. Myers on the 6th of December last, the President sent to the House to-day a reply to the resolution calling for information in relation to removals from offic The Secretary of State’s report exhibits the fact that no persons were reappointed by him after rejec- tion by the Senate; that no names were withheld from the Senate during its sessions; that the number of removals was ten, and the number of appointments to supply vacancies, 17. Thus there were only ten removals made during the recess, out of 340 appoint- ment, subject to the confirmation of the President. A recapitulation of the report of the Sccretary of the Treasnry shows the number of officers of Cus- toms, Internal Revenue, Revenne, Marine, ete. throughout the United States, whose appointments are made by the President by and with the advico and consent of the Senate, is 073; that the total num- ber of changes made during the recess was 238, of which 199 were cansed by removal. Of these re- movals 82 were Collectors, and 90 were Assessors of Internal Revenme, while 14 were Collectors, and 7 were Surveyors of Cnstoms. The number reappointed after rejection by the Senate was 26, and 9 were re- appointed on whose nomination no action was take by the Senate; 26 were appointed whose na were withheld from the Senate, 2 of whom died du- ring the recess, and 1 during the session of the Sen- ate. These could not take the oath required by la “Three of them were removed for mal feasance in office ; 2 resigued; 4 continued in offic itil the nominations of others were submitted in their places ; the names of 11 were aceidentally omit- ted in sending i nomwinations, and 9 of these 11 have heen superseded by the appointment of other cretary of the Interior states there are in the States 61 Registers of Land Offices and that sinee he entered upon the administration of the af- fairs of his Department there had been 7 of that num- her removed from office and other persons appointed in their stead ; that of 61 receivers of public moneys in Land Offices 3 have heen removed ; that of 10 sur- ral of public lands none had been Veyors @ o moved of 10 superintendents of Tnd affairs 2 had oved, aud that of 68 Indian agents 5 had been d since 1 assumed charge of the Depart The report con- clides s fo t of pension agents or clerks and other partment are not requ iemation, and o that 1t was the intention of th Information i respeet casion to state that of which number 12 have itered upon the duties of my umber of clerks and cmployés con- tnent and under the control of the a exclusive of the foregoing, is 28, Of this entire number only 20 have been removed. In almost every Instance the removal has been to pro- vide & pi for a meritorions wounded soldier, more competent to the discharge of the duties of the position. With these exebptionsno remoy als of officers or employés with this departineut have made during p! charge.’ of War states that no the Renate have been re- ent; that no appointments i made sing Tie Jast session of persons pnes were intentionally withheld from the hat a few eases ocenired throngh inadver- Adjutant-General’s Office, but they were y vet apoointments which, having expired by constitutional limit: will be nominated at the present session ; that during the recess some 52 ‘)--n«um have been appointed to fill vacancies made v the ordinary casualties v, but their ill soon be presented to the Senate. The explains that this number does not include Ylmlnllm:llfn. which are not supposed to hin the scope of the resolution, nor those et of Congress of Jul All snek ap ubmitted to the Senate at this bievet a e wit appointuents made nnd 25 last, fixing the pointinents are to rts that no ap, ivil or naval | during thy . al | been promoted as vacancies oce rred, or as | were entitled to ‘ment by length of servies The Attorney- al submits tement, hibiting the fact that durmg the 58 the changes from all eauses amownted to 34, 19 having been ap- pointments where no vacancies had happened—or, n other words, removed—and 15 having ‘m'n appoint- | ments to fill There was o int- ment afte 9, \o re-appoi ¢ whole m dent, snbjeet to con at the dispos i ™ Jud t the Senate, is stated to be 20, viz: Attorneys, and 61 Marshals. eneral coucludes his report with pitulation : for political reasons (and of which ssions have in 12 cuses been withheld), 1503 removals to make room for wounded and other sol- diers, 22 appointaents to fill vacancies caused by resigna. thons'or deaths, 20 changes by reason of appoints reseinded, 8; Temovals hecause of neg f dutles, § y, declinat ehanges lon of commission, 2 for aband 1 moval becausc th ster was fraudulentiy recommended, 1 use the Postmaster wis ot continued sut Beott, Kansas, 1—total, 222 On the st of July anunal report of the Postmaster-Ge dential orfi in the Post-Offi Numher appointed where no vaeane In the Department of State, 10; Treasur; - ment, 199: Department of the Interior, 21—17 of which e by the present Secrctary, one of the re- i being for official misconduct; Post-Office Departinent, 189; Office of the Attorney-General, 19 ‘I hie numb to fill vacancies and new offices we Departie Treasury Department Departiient of the I Post-Office Departmen Attorney-General's Office s The total number of appointments in e: ment subject to cosfirmation by the Senate ave as follows: Department of State. ... Treasury Departivent ¥ Departinent of the Interior Post-Office Departent. Office of Attorney-General ’ Of the removals ‘in the Post-Office Department, 150 were political reasons, and of this number 12 commissions have been withheld, 22 were made to make room for wounded and other soldiers, and were made_ becanse of negleet of official duties, one for abandonment, of office, one because of frandulent recommendation, and one because the person re- moved was not continned as sutler at the p o 5= I upon whom it bas been the custom to the appointment. et | TEMPERANCE. ptndis i i CLOSE OF THE ANNUAL MEETING OF THE SIATE SOCIETY. BY TRLEGRAPH T0 THE TRIWUNE. Aunvnry, Feb, L=The New-York State Temper- ance Society closed last evening its annual session, after one of the mo: rnest and largely attended series of meetings in its history, Important business was transacted, looking to the immediate advance- ment of the canse in this State. This now great body means work, and therwm power has fair warning of its eortain downfall in this State as a ruling curse. At the new cleetlon of offivers, Gen, Jam th | §20,000 i PRICE. FOUR CENTS. . MEXICO. AN IMPERIAL CABINET COUNCIL—MAXVMUJAN WILI ¢ REMAIN, BY TRLRGRAPE TO TIR TRIBUNK. New-Orreaxs, Feb, 1.—Private letters i the City of Mexico say it is reported that a new procla. mation would shortly he issned by Maximilian, tak- ing stronger grounds thau those assumed at Orizaba, A meeting of the Cabinet was held at the pulace of Maximilian on the 14th, when the expediency of Maxi- milian’s stay or departure was put to a vote, and was decided in favor of the former proposition. Five votes were givenin favor of departure on the ground that the struggle should be abandoned. At the latest dates Juarcz was still in Durango. A rumor about the disaffection of Miramon was rife and some eredit was attached to it. The authorities und gar- risons of Fresomill and Flotoqui had given in theie adhesion to Juarez, and declared against the pieten- sions of Ortega. THE PRISONER ORTEGA. GALVESTON, Jan. 31.—News from Mexicotropresents that Juarez's Secretary of State ismaking cffoits ta have Ortega executed. Col. Mejin, Juarez beaver of dispatehes, Jeft to-day for Washington. EXACTIONS OF THE RETREATING IMPERIALISTS—-WIKRE ABOUTS OF THE LIBERAL LEADERS. BroOwNSVILLE, Jan. 28—Advices from San Fillippe state that Col. Quiroga, the last commander whe passed throngh that city on the retreat of the fnpe- rial forees, imposed a forced loan of $2,000 on the inhabitants, and as the sun of #3500 was yet wanted to ¢ amount ordered, Quiroga orvdered three of the inhabitants to e shot. A priest was ordered to administer spiritual consolation, and the excention take place, when the sum of $2,000 was jen, M) when passing throngh San Fillippe and Killal and isted all the prisoners. eined the doors of the jails nales is at Victoria, and has expressed a wish to report to Gen. Gomez at Tampico, and obey his or- ders, Matters were gquiet in Tampico and “vicinity, n. Gomez was in command, and the troops were well arned and m;nl'nrly paid. Cor- tinashad taken Reynoss and deelarod his intention to collect dutics on goods going into the in- terior; confra, Cortinas is said to be going out to fight the Indians, who had crossed the Rio Grnnde. It is reported that Preside rez bas left Dirango for San Luis Potosi b, of Zacateeas, and that the former or latter c¢ity will be his seat of gov- ernment. THE TERUANTEPEC GRANTS—ADDITION. ] CORRESPONDEN WasmINGTON, Feb, L—The large mass of docu- ments sent to the House by the President to-day in reply to the resolution of that hody covers corre- spondence and other papers relative to Mexico ex- tending over several years, and much of which has already been published. Amoug the letters is one from Secretary Seward to Minister Campbell, dated December last, sending the latter a copy of a letter which the Secretary wrote to Marshall O. Roberts, in reply to that from him regarding the late charter which President Juarez granted to the Tehnantepee Transit Company, in derogation of a previous tract with the Louisiana Transit Company, whi it is claimed, still has legal force. The State Depa ment, Mr, Seward says, declined to protest against this latter grant, because it had not such evidence of the illegality of that grant as wonld warrant the in- terference by our Government. The subject, how- ever, is one of importance, inyolving as it docs the interests of several of our citizens, * You will” he * therefore, ask snch explanations as will give us a proper understanding of the subject.” Sceretary Seward's letter to Mr. Roberts contains the following sentence: “The suggestion which you make of a withdrawal by srmnent of 1ts recognition of the administration in the Republic of Mexico upon the minitted aets of bad faith toward has been subnaitted to the DFLOMATIC President, with the reasons y. consideration of the Presid dom of the not deew it interyere in the United tra ere of cone ud the Goy: ward wrote Y iy es arising in Mexieoor in w tizens of the United State c December Seeretary * in m New-Oricans v ddefinite howe you_return . you will e expee as practicable to New-Orieans.” wand, in writing to Ministor Ca he has received the lattex’s di 4 i 12 the seizure, by some of the Liberal force ler Escobedo, of & sum amounting o about silver, belonging to a Mr. McGoffrey and other eitizens of the United States. As the money is now, he says, in the hands of the Consul at Mata- woros, there would seem to be no difficalty in the way of restitution on requisite proof. There is among these docmmuents a letter from Min- ister Bi ov. 30, Seeretary Jun, 14, elow to Secretary Seward, dated assures me that the vessels are all ready and waiting 8 dispatel from Castelnean to start for Vera Cruz, and they expect to have theie w) force here by Mareh at atest, The Minister of ine says they must leave within 15 days on accouut of the fever. pEstrd T Vi POLITICAL, - — KANSAS, TRLVGHAVH TO FHR THINTNE. Torkka, Kansas, Feb. 1.—The Senate to-day passed® coneurrent resolutions, with only four dissenting votes, declaring that the late Rebel States are without any legal government, and that it is the daty of Con- gress to provide them with territorial forms of Gov- ernment. An amendment that upon the ratification by the requisite number of States of the Constita- tional Amendment, loyal representatives should be admitted to Congress, was defeated. ———— THE INDIAN WAR. et MURDERS IN COLORADO AND MONTANA. BY TELYGRAPR TO THE TRIBUNW. 81, Loyis, Feb, 1—Late Omaha papers mention the murder by Indians of a number of settlers at the Lawrence Ranche, about 50 miles north-west of Julesburg. The Montana Gazette of the 5th ult. re- rts that Mr. Rassiel, his wife and two children, and oseph MeKnight, sutler at (’-m‘l‘r dian guide, were attacked the latter was killed and Mr. Rassiel was severel wounded. Mrs. Rassiel, who is a squaw, and her twe children were taken prisoners, and a wugon, four mules and a saddle-horse were earvied o1 by the In- dians. McKnight and Rassiel escaped. CO! REORGANIZATION OF THE ORDY BY TELEGUAPE TO THR TRIBUNK. HarTFORD, Feb, 1.—The reorganization of the or- der of Odd-Fellows commenced in Hartford to-night at Odd-Fellows Hall; soventy members from New- d a large delegation from other parts of the ?.‘;}:;::.',‘.Jfia il:‘y.ba;i;e%flu ot natitutiog Hart: . e Hall was erow: 3 "’I‘he‘c,gr‘\;nflonlen were conducted by Deputy Grand i OF ODD-VRLLOWS of Kingston was reclected President ; Ex-G 11, Clark of Canandaigna, H. P. Perkins of Buffalo, A.Fitch of Auburn, J. H. Bogg of Syracuse, and 13 others, were chosen Viee-Presidents, Board of Mauagers, at its annual session to-day, reappointed the Rev. F. A Spencer of Syracuse Uorresponding Seci y, and appointed the Rev. R. Fisk of Au- burn, Recording Seerctary, and Charles A. Lee of Au- burn’ Treasurer. Amoug the resolutions adopted are the followine : Resolved, That in view of the facts, 1. That domestio wine is intoxicating. 2. That nearly two-thivds of it is manufactured into brandy, 3. That mtemperance is on the {nerease in wine-growing districts, especially amou, the youth of both sexes. We deprecate the production of pes for the nfacture of wine, believing it bas an fl;‘r‘:‘;’:l:‘«i“‘“‘l"‘:lt d the vigorous enforee- Al we recommen ment of all the restrictive and prohibitingprovisions of tho Exclse law, an we further recommond the friends of Temperance to petition the Legislature to extend the Metropolitan Excise Law over the vntire State. Resolved, That the approaching Convention to amend the Constitution of the State of New-York should be re- grded in the good Providence of God as & fitting oppor- tunity for the peoplo to declare in the new Constitution, “that henceforth ve lHeonse in lufl form or uuder any elr- cumstance shail be granted in this State for the manufac- turo or sale of intoxiesting liguors as a beve s ernii ghl 2, Mo SIS elo ho voters of concurrently with the new Coustitution which way be approved by the Cai PACIFIC COAST. Bax Fraxeisco, 1. Pares la:: to-day, and 0&: $1%.000 ju treasure. i Master Botsford of NewsHaven. A nstituting the Lodge offficers were elected. Several memibe Dby card and invitation were elected. i UNITED STATES SUPREME COURT, The following Is & summary of the causes reached in the Supreme Court to-day: i . Beymor t hedl thors, agteiteet Lo, . Notion 10 g Lyird argued. DOal BTEUe tted States, appellant agt. Repeutigy eb al claim, t concly 3 X Elnpson (forcclosure A for appellant und sabmitted by 0. United States, appellants, agt. stenmship Sir William Peel and %flfl No. 250, Steamship Six Peel and cargo, &e., ap- llants, agt. the United States (prize), Argnumest cowm: . The other prize cases follow. Monday will be opinion ay. Lot the Cited St ot on al agt. i 8, NI commanced. Afterward e Court Ay, COURT OF CLAINMS. ) of Caonle et Court of Claims to-day in the “‘”mr 4] W Mon- ———— THE RAILROAD BLOCKADE. BY TELEGRAPH TO THE TRINUNE. 08WEGO, Feb. 1.~The Oswego and Syracuse Rail- roud, which has been blocked up since Batarday night, le nOw open, and trains will commence ranning to-night. 1t hapflhfll: and Rowe Rowd wili be . WML thad wiy disastrons 1o tha reiironsds