The New York herald. [volume], December 22, 1869, Page 4, Image 4

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CONGRESS.
Hmutor Sumner's Occau Tele
graph Bill. I
Debate in the House on the Georgia
Reconstruction Bill.
Passat;;1 of t lie Bill l?y a Vote of
121 to 51.
Reception of the Remains of CJeorg^
Fenbcdy.
FGilTY-ITRSI 00.\G\ ss.
SrfOlllI S>- .'ioii.
EXIT ATE.
Wasbinuton, l>ec.
The Vicf. T*uf8ii>ent cullcd tho attention of tlie
Senate to the requirement of tlie law for t!:e filling
of the vacaicy occasioned l>>* tlie death of 'lr. Fes
?enden as o o oi the leit uts oi the iiiilisouiau in
stitution. J he law provided that this vacancy should
be ailed in the sauie manner that committees are
appotuted.
POLYGAMY IN I'TAII.
Mr. CkviiiS, (res.) of N. il.. reported favorably,
with an amendment, the bill to provide lor the exe
cution of i:io law against polygamy iu the territory
of Utah.
PUBLIC SCHOOLS IN TI1K DI3TKICT.
Mr. >Yn..- .v. (rep. ol Mass.) offered a resolution,
which wasngreed to, instructing 'he committee on
the Distric, oi Colombia to examine into tne amain- ,
lstruttou oi mo >oil iuI Commissi! uci ?. and Hie con
dition or the public schools oi Washington and
Georgetown.
COST OF REVKM'B CfTlKltH.
Mr. nit. - t. (rep. of Ala ) suouitued a resolution
requestnfer the .secretary oi tue treasury to couiuw
nicatp to mo .en ate a statement ot the original oust
of tlio revenue miters now employed, and informa
tion In re-aru to ttie number, compensation, .vc? of
otllcers uno men lo that service.
KK.t'ISTHiiiUTlON OF NATIONAL RANKS.
Mr. Wakn:;? (rep.), of Ala., Introduced a lull for
the more equal distribution oi national butikiug
capital, providing that the amount of circulating
notes to be issueu to banking associations shall not
exceed $&40,000,00j, and in issuing said circulating
notes prele ctee sliail be given to bauktng associa
tions in sections having tlie least national bank ctr
? cuiatiou. mat the secretary ol t?e treasury is re
quired to retire and cancel United states turee per
cent certitKutes to the extent oi tn-? Issue oi the
bank notes under this act. and snail cease to pay
interest ou itie three percent i ji'sitvates of tne
United Marcs, iieforred to tne Committee ou
Finance.
FOKl'L: . TELEURAPHtC COM.ti N1CAT10X.
Mr. br.'f.MiK, ireji.) of Mass.. movuJ to take up the
bill reiati . e to ie:r- ?TaiHiic c.i. no iincatious between
tue Unlteu state.- ami toreign countries, lie urged
that prompt action on tho measure was very impor
tant.
A discussion ensued concerning the propriet or
giving priority to this measure over oi tiers deemed
by other Senators to be equally importiiut.
EXH.CTT1VK SKSSIO...
Mr. Ramsey, (rep ) of Minn., moved to proceed to
the consideration of executive business wnicli was
agreeu to. and at twenty-live mmutes to one 1". M.
ttie doors were closed lor an executive session.
OCF.AN TEl.Ei.Ii .F3S.
After the lapse of au hour thedoor* were reopeued,
when Mr. svmnf.ii renewed the motion to uu^ up
the bill reiaiive to teiecrapblc communication be
tween the lmted states and loreiit, countries.
ke-jtokation ok viu.ii.nia.
Mr. Tbi'mbtll, (rep.) of ill., ur^eii the necessity of
taking into consideration now ilc bill relative to the
restoration ol Virginia.
Mr. Howakk, (rep.) of Mich., state ! Ins disposition
to favor tne admission of Virginia so soon as tier
lldelity to tne eiiiorcemcut or the reconstruction acts
couitl be shown; but at present no desired runner
information on the subject.
luti lilKIll C'KNSt'. .
Mr. Cos LtNt:. dep.) of N. ^.. troni the Committee
on Revision of Laws reported tuvorabiy, without
amendment, tue House Dili lor tue takinit ol the ninth
census, la view ol the report, so soon after tlie
comuillttt or tne bill to tlie committee, He said tlia
reason lor wbat might otherwise seeui nasty action
was base i upon the (act mat unless passed before
the holidays the c. nsus would, under Hie existing
statute, be taiteti under the present law or 1*50. It
was for tli" Senate to determine. In regard to tlie
House bill, wneiher, first, the b 11 w.ts to be divorced
rrom its provisions la reference to the apportion
ment, and, econd, whether m taiiing tlie nest cen
sus Congress was to dispense with the Marshals as
ail Instrumentality ami create oillcers u> periorm this
duty. Those were tne general questions. 1 he others
were mutters of detail matin : to tae schedule, .vc
it the ju ljrniem of the Senate was ttiat the House
bill ouglu not to be accepted ui substance as U
stood, thun It mlgnt be advisable to suspend the
operations el the act ot lHjO until the senate com
mittee couid bestow further care uud examination
upon the pending proposition. In reply to an in
quire by Mr. Trumbull, ue ?tated that, according to
representations, if tuts bill was now a law, the 1st
or June oeing the tune tixed lor oevtnumg the work
ot takiu.,' thi> census, surllcieut time would scarcely
be given, even with tne utmost diligence, to make
tue necessary preparations, among which were the
prtuling ol torniuirj). tabular statements, ate. To
do tins wotnd require all tlie time oe ween tins day
and the 1st of Juno; therefore. the provisions of rlie
lull ought to operate Defore Hie 1st of January If tlie
time Hxid was to be determined upon.
Mr. Wilson expressed tne hope tfiat the "111
would be recomml.ted.and that tne committee would
report a joint resolution to meet tue exigency. An
Immense numcer ot otllcers were to be appoint c 1
under the bill, and the senate should act with pru
dence and care. He moved to recommit! the bul to
the committee./ Agreed to.
Mr. Coxier..no, from the Comcclttee on tne Revi
sion ol Laws, tuen reported, by direction ol tne
committc, joint resolutions suspending until
February i, W", all existing laws relating to the
taking of a census.
The joitu resolution was at once laAeu up and
passed.'
KXliCITJYB SEHMON.
Tlio mo ou of Mr. Si'u.siiK vo take up the Ocean
Telegraph bill wan then agreed to. w 'cn tu ? senate
again wem Into executive seaMoti tor a short tuue.
TfcLEOIlAI'UIC COjlilLMCATION' WITH FOHKION COL'N
'11UKJ.
Upon tiie conclusion of the e.xe"utiv* session the
Senate iook up t!ie bill relative to tel -irtai'.nc com
munication between the United State* and firoigu
countries, the question bciii? upon t it; proposed
amendment of >ir. .-umnor to make tue bill applica
ble to aiming as wen ax Rtture cables.
Mr. Comcmn'u opposed the amendment, as having
a tendency towards an infraction of vested rights
by imposing a code of restrictions upon cubes here
tofore authorized by Congress upon well defined re
Birn litis,s
Mr Pomrrov, (rep.) of Kan. said lie supposed the
object of the Senator from Masssciius sits was to
provide specially lor the case 01 a French cable
which had been landed on tin- shores of tuat Stite.
lie tUeroiore subruitieU an amendment. refer nig to
the landing or the Hreu' h cable ami providing for
its removal unless compliance was inane witu the
regulations imposed upon others.
Mr. rtI 'M ski: advocated a uuiiorm system in legis
lation reiutlve to ocean cables, an?t m relerence to u
suggestion o Mr. Morton contended that the fact
that tho restrictions of the bin m?i;i be applied to
our telegraph communications with Canada >vas an
additional leature lu its favor. The proper Jurrsnlc
tl on over the pubject properly belonged to the
national government, and the Ian ling ol lie l ie:,ca
came in .Massachusetts was subject to tliat |u.i-dic
tion.
Mr. Howard considered the mil pr*cticaiiv inop
erative, b it if the bill became a law as iiroposed r-i
be amended, 11 would absolutely close an communi
cation bet ween this country aud caaada. ihe regu
lation giving to the United States governrm nt privi
leges and contiot over the lines connectlug with
ioreign countries might be right bu it nui not con
lorm to the existing state 01 things.
Mr. Caui'Entrr, (ref.) of Wis., said that If the
liberties <.if a people were endangered in any one
respect more thau another it was by the growth of
monopolies an I ihe ease with Whlca Chanel's were
passed through the Statu Itcgudaiurcs. and no inai
tor how improper iiie obligations of contracts thus
secure'1, u,.ruing 10 Judicial deciMozis ut.r "uoiu
not be impaired. Out the constitution Imposed no
such restriction upon the power 01 Congress Iiko
that imposed upon the Stales, that no law
impairing obligation of contracts shall pass.
As a (inesllou of power It was within
the Congressional province t<? repeal c\crv
charter heretofore granted by Congress. He
deemed it vastly Important tha. in this country
Congress should clearly a-sert thai power, and be
lieved it to be the duty of Congress under Its power,
to regulate commerce, extend the regulations over
the telegraph and railroad system oi the several
Stales, ile favored tua bill aud the wnduient bc
Msunu 01 iiieir implied assertion, ai a time eiu nently
proper to make the assertion, of tue absolute power
of Congi ess to regulate \hts subject in uny c.ise of
commuiiicatiun butweon tills and foreign lands.
Mi. Mohton. (rep.)of lud., bi icvedUiat to be mny
operative the conditioas h.-re ..upo.' i must be c in
curred in by Cnna la.
Mr. Davib, (oein.). of Kv.. mulct <tood that lines
between the l ulled States *tul Canada wtre cou
rt ucteu upon principles of entire reciprocity, and the
eiieci of Hie mil would be not to suspend but to
make pci jM tual thai principle 01 reciprocity.
Mr. i:\?*kv suggested a modiiicmion ol the bill,
t>v whlca ilie exclusive conirol ol j-.m/oi wtulu no
Sinn to tue United States government for one
our In overy twelve, Instead oc lor an indefinite
period, in the coarso of further suggest inn s he
said that the French government nsd gheu to a
com'any a certain monopoly: and, while wo were
perfectly justiiied in meeting them witu restno
tions, It should not i>e forirotten tho company had
t>cen oi immense service to our people by retiuctiou
ol charges.
Mr. Uonklino suit rested an amendment protecting
right* now enjoyed by (tie New York, Kewiound
land and London l'legiaph Company, aiH author:/,
iiiil ttiu extension or outer caule- to me shores 01 the
United States at sou. ? point north 01 i ajie Hatteras.
Mr. Howk (mp. of .vis., moved to recommit tiie
whole subject to ttie Committee on Fotelgn KO
latlOUS.
Mr. Tiiru\ian, (dem.) of Ohio, said If ths United
Slates government proscribed condition upo:i a
cable reaching i>> France, tint government could
Impose additional condition!*, and. therefore. If we
were t<> have an Atlantic cable ut all, we should
liuve a treaty ou ttie subject, t fie >ubject sDouid be
reierred to m* treaty-making power, lie was op
posed to it becau-e n might bo luteride i as h tire
c edent f^r tiie intervention of Conirr an in the regu
lation ol charges, Ac., upon all me isiiioa in and
canals ol the country.
I In motion <d Mr. Howe wan then agreed to and
tiie bill recommitted,
COMl'KNSATlNO LOT \L CITIZBMS.
On motioa 01 Mr Howk iito Senate took up the
House ioini resolution relating toiteamnoats uu i
other vessels owned in lojai states. directing a
reioibursetntat 01 tin owners in loval States of
steamboats and other vessels uvten by Hie govern
ment during the v, ar.
Mr. Hijwb explain "! that the bill pas??d me House
:ast session, but failed in tiie senate !or want of
time. I '.iewi, de amount of compensation applied
for uuder the mil would not exceed $ai)!),ooj. Hie
? 4st'..s i) :e in Mti-iotl were only those which cn:.ie
a:t:iiu well matures regulations.
Mr. 10 i;r.ov believed tuat the theory of leg.sia
tiou by w:;icu adistinction wasuiade between ioj.i.
ci'ueiis of the t> nut and those or tiie .south w..s
wrong. He lia i acquiesced in snvu legislation dur -i ,
tiie v, ,;r bat to urutg forward the principle not* v, a*
injurious.
'ine (otru resolution was then passed.
TUB W tUlNliTON INTK v laSAL MI ?
Mr. Hamlin (rop.) of Me., moved io take up the
bin to ericour<?e aud promote an international ex
posttion, to lie ujld m Washington c.tv iu is;i.
i ending till- motion the Hen uc, en ui jtion of Mr.
POmkuuV, at tour o'clock a ijouiued.
H0U3S OP REPRESENTATIVES.
WasiunutOM, l?ec. 21, 1803.
DERATE OS TIIK OEOBOIA UKOOS3THITOTIO.N BILL.
l he calling of tne jotunai was dispensed with in
order that Uie debate on tiie (.eorgu Koconstruc
tlon bill nu^ut be continued. Several members
asked and outanied leave to print speeches ou the
subject.
Mr. Potter, (dem.) of S. v., argued against the
bill. He did not sec how any member who had
s.vorn to support the i onstltutiou could vote for It.
He regarded it as wholly nucoustttutloual, and he
believed tt also to be unnecessary and unwise, iie
believed that the policy of vengeance was only cal
culated to Increase t'.ie d lssatislaction, the disgust
and tne souse of witmg which more than
anything e.se interfered with the prosperity und
weil-oeing of tieorgls. itsecinod to luui that this
bill threatened the rights and liberties, not only of
the people of Georgia. but oi every Northern man as
weiL l'ue otfeuce oi Georgia was the same as mat
of the Mate ol New l orn, wtilcli had Just decided l>v
u vast majority that negroes would not be admitted
to oillce nor even admitted to suUl a ie without spe
clul qualitlcatlons. if Georgia conld bopuiiis.icd
lor that otfenee in tiie manner proposed by (his bill,
why couiu not New York also be punished In tno
same wuyf ilus was nut one move In tne dally
stn tes towards centralized and absolute govern
ment and io the destruction of that system oi limited
and localized government established t>j the found
ers of tiie government, and in which ouiy true liberty
coiud ne louud.
Mr. Vookiikks, (dem.) of Ini., took the floor and
made an argument in opposition to tne bill, me
introdnctfon of winch he, as en bed to the tnflaenco ol
the President. His own position was that Georgia
had never ceased to be a state, but even under the
doctrine and action of Congress she wtw a State,
lieing. therefore, a State he snouid like to know
from someone more eminent in tiio law thau tiie
prcsentE xeeutlve by what power me federal gov
ernment teiis a Mate to orgaui/.e her Legislature
iu one way or another.
Mr. Iuwes, (rop.l of Mass. inquired whether that
c ause in me constitution requiring the United States
to guarantee a republican torni of government In
eiuii stale did not require the maintaining of a
republican torinol government. V
Mr. Voonukks replied mat the gentleman from
Massacuusetts was precluded from making that
point, because he had voted last April against Inter
fering with Georgia, and nothing uad occurred since
to atiect his judgment iu that regard, umess it were
the President's Message.
Mr. Imwks inquired whether Mr. Voorhees linl
a;,y otner answer to make to his qucsiio.i exccpt
tun; he (,'ilr. Dawes) was es:oppedf
.Mr. v (....sii.,!'s replied mat that generally was held
to be a goon answer.
Mr. I'a.i i s a minted that tt inign; be a good answer
as to luui, nut was not a bUthcicnt answer as io me
peopie.
Sir. VooHnERS desired <o Uuow wbethcr Uie uon
tleniau from MikisaciioRetu Held thia anconni.ua
tiou.it acts ol a siate Legislature warranted me
ledcrnl government marching an army luto that
Maw, strii-cina down the naiieas corpus and go\urn
lug toe people at tne point oi me ijayonet!'
Mr. 1)awes understood that it ue, ended altogether
on tne cuaractei of me unconstitutional acts, ine
tuned states government was authorized to do so.
A Legislature might ne gui.t.y of what would call
upon mo tKierai guvernmciit in ail lie capacities au i
ail us mnctioiis to luoirlere to maintain a repuoiicau
for.u oi government, it was a question oi iact
whether mat condition of things existed in Georgia
01' lJUL
Mr. VooBHEB.-i submitted that it was not ror Con
gress lor view tiie acta oi state Legislaturesaud to
decide whether tuey wore uuconstuuuouui or uot.
It was for tue judiciary to pa s upon me eousuiu
tionaUty oi acts brought tuto question. it was a
heresy of the grossest Kind to assume tiiat Congress
had power, as in a judicial capacity, u> revso ibe
legislation of tue Mates uini to determine wnetlier
tiioy are lu accordance with tneir btate con.?t.unions.
It was .1 standing docirme anJ one wiucti tuo
sagacious unud ol ttie gentleman from Massachusetts
resorted to onlj because He saw no otner trrouud on
wmcu to base 111s dctem c 01 vula bid alter the strong
opposition win oil tie made to a similar bUi lost
April.
.Mr. Eldkiimk, |i?m i of Wis., next spoke in op
position to tue bul. Ho said tiiat one 01' tiie saddest
things in conuccatton witu di.-cass'ou m tins House
jrus that the House had almost ceased to be a de
liberative oody. and tint its action w us dictated to
1; by ioudtug partisans 01 tlte republican party. ?f
tue dou.iltie were to bo establlsued tnat tue com
mission of crime in a state justified tnu tnteriereuce
01 tne federal government, way siiooid uottiiedoc
iruie liuw: been carneu out as against Ala-suclm
setis, wuere tiie most atrocious crunsa were cj.n
uiittedi' in tins connection lie sent to the Cleric's
desk and hau lead me report made to Governor
\ii.irew on me mauaiMinont 01 tna insane Asyloui
111 Massachusetts. Ho predicted that unices the
Mates by every constitutional means resisted tiie
cucroaciiuMtits 01' Congress (ue liberties of the
people wonid be destroyed and republican govern
ment would be .t mere suam, a delusion, a deceu.
1 iiu Supreme Court was already hedged und vlrtu
lUlt ciestroye 1. it was stigmatised iu mo House *s
the "siipafanouuted old court,1' and the next iw-auit
by me pomiisjf or ouch ol the eovernment would 00
upon (tie donate 01 tue liiiteu tttiMes.
Mr. Cox idem.) 01 N. Y., was the next speaker on
the bailie side. He denounced the bill as tue gospel
oi anarchy and tue philosophy of rcvoluuou. When
he louuu ilie (Governor of a Mate naugliig urouid tuo
lia.ls oi congress buying to liave 111* stato t.vtteu
out 01 tiie l/uion It led luni to impure the reason lor
It. and be loutid that reason la tuo letter rea 1 ye^
lerday irotn tuehtate Measurer, cunrging Governor
Hulloek with specuiatious. for lumseu lie would
rather bring ti.at bullock to tae slaughter tliau to
bring the siaio of Georgia. U.augu.er.i 'ino ai.
tempt to coerce tuo State of Geoigia to ratify tue
hiteeutlt constitutional amendment was the oid
J in 1 i.-ii gysiom. l/uuer ilieoid iurkisn i%w it w hs
allowed to tue Olenitis to interpret tiiu law, but I
always as tbe Grand Selgnor wished It, and 11 tuey
di?i not tuey were to ue pounded to deatu iu a mor
tar.
Mr. (11 no ham, (rep.) of Ohio, took the floor. He
said the bill sent to us b*1 the senate is m conflict
wuli every letter of the past legislation of Congress |
on tiio subjoct of recOiistructiou. Ills 111 coutlict
with the 1 jtpress order of the President when lie was
General of tlie army, ucuug under the law ol re
construction in iStis, in re.at on to Georgia, it i.s la
couiiici w itfi tue utteranc s of Hie Attorney General
oi tue Unitxl states In reference to Virginia under
the operation of all our reconstruction acts, aud 1:
is in conflict Willi all tne psst legislation ol
' on^ress a d of tiie interpretation ol the
constitution. For these reasons 1 ask tuai
! the mil way tic postponed till tu? third
Wcdna day in January next. 11 there bo irut.i
111 what 1 have r. nd, 1 tic major!ly 111 tins llntue
should postpone it. Here we are limited to tw< ncy
iniuu discu ton, shut on lrom reference to the
record, ns.ied to decide a question by passion w hich
cuffut to o? decided in the naiit ol the ca m temper,
of rea.-on mid nud i- the obligations of an oath. The
iionoraoio geui imn liom Massachusetts (Mr. But
leri sahl yesterday tiiat for those frequent tnuriiers
in Heorgia. lor Uiuhc centals of vigln to tue people oi
Ueorgia there oagut to be a remedy in ( on^ress. 1
agree Willi hiui, but tins is not the bill beiore us. It
uiiori 110 adrtiilonai protection to any man, wnitc
or biack. It is simply gratuitous to make
an iippeal of that rort to the House.
And it Is equally gratuitous to attempt
to bring to tho support 01 tins measure the recom
mend ition of 1 he President of the 1 nlted sta't-s. 1
happen to know, and tflerufore I say it, that there Is
a single line iu the i'resident's Message s'liirn
ne never Intended to be there aud which he doe-" no
. uiid 'iv to day, und that Is tho line which refers to
the imposition 01 tne oath onjoined by the recon
struction acts on members of thy LegUlatnfe. The
whole context of the Message shows that what lie
meant was the Imposition of the oHtli required by
tiie third section of the lourteeutii uincndmciit. I
wish to say, further, mat the Hoconatruction act of
the -d of March, I8ii7 which underlie* tins eutlre
legislation, enioins also the oath of qualification
re pur :d by the third section or ihe fourteenth
amendment. Comm 'Sting on the section widch
allows the urmy ann navy uj t>o placed in the control
of 1 nu Governor, Mr. liingiiniii ssul the law is not
Wi rihy of s moment's consideration in the House
of ItebresnntattTcs of the people, aud for ono, no
matter what party dictation may say, 1 siand hoto
to oit that 1 shall record my vote against It. it does
I not become tho representatives of the people to be
dragooned in any such manner into legislation touoh
I icg, uot merely the rights of the peopla ol Georgia.
bui the right* of all Hie people of tUe republic. 1
deny me right of Congress to lay the executive
power of a national law at the feel of
u ,swt? Executive to lie exercised at Uu
discretion. Oonirress is botiim to execute
lu own laws through its own oitlctais. So
mutter whai the procure 01 party may bo 1 canuot
consent to Ktuitiiy myself. ah to the ratification of
the til tecum amendment Mr. Hiughain deciurot that
nothing which human ingenuity ouud contrive was
ho likely us tins bill to defeat tiiat great and just and
righteous measure. In conetusiou he moved the
further postponement of the bill to the tuird Wed
nesday to January noxt.
Mr. Faknswouth, (rep.) of III., opposed the bill.
He felt constrained, he said, to support ihe motion
oi the gentleman from Oiuo (Mr. biugliuin) and in
case it lulled, to vole aeulust tho bill, lie stated hU
grounds oi opposition in a Uite u minu&es' speech.
Mr. Paisr, irep.) of Wis., suppi>r-teu tne bill and
had some reports aud letters read suowitig ue ne
cessity i??r such u measure.
Mr. WunTKMOKa', tropo ol S- 0., spoke for ten
minutes lu support of tae bill.
Mr. Lduan, (rep.) ot HU. intimated the diilleiiUy
tnat might pre.-ent itseli it this bin was postponed
and the legislature uf i.eorgia was Hguiu in seisiou.
he did not see how those members wuom this law
<liil not recognize as entitled to their seats couid l>e
displaced.
Air. lit TLKK, (rep ) of Mass., closed the debate,
lie deplored tho defection oi the gentleman irom
(iino (Air. lilngliatn), and intimated that lie seemed
to have caught lnlecuou from I ne neighborhood he
occupied (alluding to ihe la.t tnut Mr. Ittuuiiviiu sits
on the democratic side of the House). lie replied
n.-ieiiy to tne arguments made attainst ihe bid to-day,
u.id in reply to Mr. Cox's spoccii he said that ue
m gai'dcd mat gentleman as raiher encroaching ou
that old proverb, that "dog should not eat dog;"
' carpei^oagKCr siiotild uu, attack carpet-nagger.
(i,augliror.( no was al?osurprised that a mau wnu a
ii.inio to ua do t bo punned u^on suotud have made
such a bad j ke on tiie name of the iloveruor of
Ueorgia. (l.aui;liter.) As to the statement that
tins but touLKi us origin in the conimendauou
01 the iTesident, the eonaadictlou of that lay 111 tho
luct that iho bul w.ucb he (Mr. Mutter) brought be
lore the House iast M>rll was substantially the same
as litis bill. The effect ol the postponement of tne
. bill would lie that when the Governor und those who
hud been recommending tins legislation returtied to
Georgia they would be sent to join the ranks ol tho
murdered leglsiutors. A? to Mr. liiujfiiam's argu
ment lor postponement he thought it .suicidal. If
the bill were so b:id, so utterly vile us to bo uu
worthv a puce tu the House of Kepre;eiiiatives of
the peoplo why keep it alive lo the tuird Wednes
day iu January f Why not vole It down
at oncer He expressed himself much pained
ti heariag tho geutieiuau from Ohio say that there
was a line in the Message of the Prcstdeut which
the President never intended should be there, and
that he (Mr. Iiiusihani) knew it. Now, said Mr.
liutler, if he means by knowing it that he knows it
by tne contcxt, that is one tnlng: unt il he means
mat lie knows it rrom whin tne 1'resident told hiin,
i think he should make known to the House tliui he
wa.t authorized 10 make tiiat statement, is he
authorized to strite that the i'resident of the United
t-iates iia* made him a special messenger to inform
the House that tu a solemn message sent by the Ex
ecutive to both houses, there iriu a liae
which he never intended to be tljcre, and
that the President nau left It there lor
our guidance, uu 1 never let anybody know about it
except the gentleman ROUUllOf Are wo to uu
derstund irom him that uio Kxecutlve thus deals
wiin Congressr I think think there can be no mure
severe criticism on the course winch 1 have over und
over ugaiu deprecated, ol undertaking to control the
action oi ihe House by pretended private communi
cations irom l ue President of the unit.-ti States. 1
liever did gi\e them to the Housa, and 1 nuve no
respect, in tiiat regard, for any gentleman wno does.
When the President oi the United Males communi
cates with a member of Congress as to private gen
tiemeu, neither of ttiem ceuses to be a gentleman,
and neither of them should rep,.at the conversation.
Hut if the President ol the tuned Stales undertakes
to log roll business
Mr. Binquau?I call the gentleman to order. lie
has no right to talk or tne President's logrolling. I
said nothing to justify it. I stand ou what 1 said,
und the gentleman rrom Massachusetts has uo power
to move me lu the assertlou which 1 make. that tho
President ol tho Uutted States never umuc to rocom
mend to Congress tnat it suculd impose ou Georgia
the test oath in the reconstruction acts.
Mr. lii'Ti.mi?There was no occasion to call to
order. I do not believe that President Grunt under
tone to communicate to the House m that wuy.
Mr. liikgiiam?Nobody said that he communicuted
to the House.
Mr. bi'TLKH?T do not desire men to come nere, as
they til J last ses.-lon, saying that the President
wished this or that. 1 only reter to this that we mily
not have it any more. 1 regard these at tae most
indecent ox hi til Hons of Executive iiiilucnce that ever
disgraced Congress, not from the Executive, but
from those who pie tend to give his words.
The debate being closed the House proceeded to
vole on Mr. Hlrigham's motion to postpone, fhe
motion wtus rejected?yeua 51, navs ill. The repub
licans vo:ni2 lor it were Messrs. Iilngham, Paras
worth and Fintelnburg. The ameuduifmt offered l?y
Mr. Heck was rejected, and me bill was then
passed?yeas Ml, nays 61. Among the negatives
were Messrs. liimihani and Parasworth.
TUB OK.NSUS LAW.
'I'ho Himule iolnt. iwtnluUQu UlC fixht
ing provisn lis of the law for tuning luc census was
taken up aud pi wed.
KECES8 OF C0NQKBS3.
Mr. Nibi.ack, (ileni.)of Ind., oii'ered a concurrent
reaotnUon extending toe noon iro.n the sth t:ii the
iOiU or January. He said be understood tnat
arrangements had been made by the principal com
imt?oes tu 11<>11! tnelr sessions ilariu^r the reacts to
prepare businsn for tM House. ao so tune would
be loii by the proponed extenstou.
The resolution was sustained by Measra. Butler,
??. ..<:?? utd it was agreed to.
TIIK REMAINS OF UBOltUE PKAliODY.
Mr. J inks, (ilem.) of Ky., called up lua resolution
ofl'tfred last wees refloating tlio President to uetati
one or more sltips-of-war to meet at -ea tiie English
war afclp coining lo this country WltD tne remains >>1
(leorot; reai?ody and convoy it into port, and Ue pro
ceeded in support of the resolution to pionounce a
eulogy <111 the cnaracier of Mr. I'eabody.
Mr. ftwa.nn, (dent.; of Md., Buggoatod an amend
ment providing lor a committee of Congress to
atieud the obsequies ol Mr. I'eabody.
Mr. Jones allowed that anieudmenc to be offered.
Mr. SniRKCK, (rep.) of Ohio, moved to adjourn,
giving notice that one reason lor the motion wua lo
givu lime to gentlemen to consider the propriety of
incurring the espouse whicu the resolution would
render necessary.
Mr. Vookiiees expressed his regret that that re
mark should have been made.
Mr. Sohbkck nminded tue House that one or
more vessels or war had been detailed from the
American squadron in Knropean waters to form a
convoy, 'Heat was sufficient. He also reminded the
House that Congress had already given public testi
monials or its respects for Mr. I'eabody. Ungra
cious as it might be he would say that he would
ra'iier divide a little or that respect and attention
by sending ships to meet the body of some hutubie
individual, poor It might be, who lu
proportion to Ills means abroad, whiio the
struggle was going on lor tne life of this nation cave
Ins time, his energy, his hopos und endeavors, along
with Ms synipntiiics, to the Union. (Clapping of
hands by several members) lie would any, aitnough
he should stand alone, that up to tuia point he
thought that they had done enough to manliest re
spect tu tliut individual, and tnat iliere were other
considerations which w eighed 011 the minds of some
which would Induce them to penult him to be
brought to his country and buried quietly aud honor
ably in the soli that Rave him birth.
Mr. Vookheks said he would go its far as the gen
tleman from Ohio to do lienor to that class whom
that gentleman spoke of. lie did not tnmk, how
ever, tiiat considerations of that kind ought to be
thrown in If the resolution bad not is-pii intro
duce the House perhaps might, without any Injus
tice to iiseir, have bone nothing; but this resolu
tion was now before the House, aud any iterative
action would be construed by tite'civllUed worhl us
a mark or disrespect to ihe man whom the eivili/.cd
worltl delighted to honor, l or that reason, ii torno
other, ho dosirod action on the resolution, aud
favorable action.
Mr. Jones, (item.) of Ky., expressed his regret that
any such discussion had art.s<>u, and said that his
iv-nso ol propriety lorbaue him to allow the discussion
to prooood fortMr. He therefore moved tne pre.
vlous question.
Mr. .Scubncb moved to lay the resolution on the
taoie.
Mr. liUTLKR, of Mass., moved to adjourn.
Mr. Hciiknck then withdrew his molion. and the
vole was taken on the motion to adjourn.
I'he House refused to adjourn?yeas, 41; nsys. 7.'!.
Mr. 80HIN0K then said:-"llad I been ftwanof
the (act that unanimous consent was askod lo nrlrig
tun subject bcrore the House I certainly should have
objected. I do not propose?the matter being before
tlie House and having assumed Its present form?to
make any o;>poaitio!i to lu 1 will not ren' w my
notion to lay on tne table, but will le: it go tor Mr bait
it is worth, m view of what, all the countiy uuler
sttinds. I presume."
llie resolution w?s then adopted In this for-a:?
Rwolvel, Thai Hie President of tlia UnIN State# be mi
til* 1 lo'uakv knell preparations to. tlie rrrftpiion ol tii
bojy ill our itntiriKUlidifcd ptiiiaiubrojjlti ?? n iu?i ilo I lir im
I, ' rl'ni* ?.n ! In n miun?r e mm< ns'ir.? ? vutu i ?
juiUie, ma^tianim itr and dignity of a truat peupie.
mfrriovs i'kk8knyi:i>.
Mr. Cai.kiv, (dWB.i of V,, presented a petition
of . Iti/eus of New York, importers and c man ners
(if wrougnt iron Hues ana wrought Iron t?be5, foi a
reduction of tne duties I licrr oti.
Mr. Kki.i.o .(i, (rep,) of Conn., presented tho peti
tion of the <;ovemor ol Connecticut aud oile rs lor
the relief of i?c:ierui Itobert Anderson.
Mr. Cox presented the petition of citizens or Huf
faio, contrasting the present price ol coal with iu
price before isou. and piaylug to be entirely relieved
irotn the monopoly.
RBSOI.tTIOSS.
Mr. AnNRi.r,, trep.) of renn.. from the committee
on Accounts, reported u resolution, wnie.i was
agreed t,i. allowing clerks to the tollowing com
mittees: Hanking and t.'uriencj, Commerce, Na.tii
A'"airs I'ost ?jiiH'f, Railways and i.aiials, Indian
Allans, Kof ign Allans, I'rinting Ninth t eu*us,
icrrltorh s. District ol Columbia, lalui atloaul aud
Ijnor, Mines aud Mining, lievn.iou of the Laws,
I(ei:onstruction. and Maniilactures.
Mr. Ml'noin, Clem.)of Onto, introduced a Joint re
solution permitting army aud navy oiiicei* on the
retired list to bold eivli oiilces. Kcloired to tue com
millee on Military Ailairs.
Mr. I.ooan introduced a Joint resolution flonatlng
cannon lor the erection oi nn eque itrlan statue in
bronze of Ceneral ' raut, to l>e piaced on tho south
terrace of the Treasury, l'assed.
Weveral resolutions of Inqmrj were adopted, and
the House at live o'clock adjourned, with the agreo
m >nt that to-morrow's sessiou should bo for geuoral
debate only,
THE LOTTERY WAS.
BEN'S FAREWELL SHOT AT MORRISSEY.
Another Suit in the Supreme Court?Mr.
Wood Feels Contrite and is About to
Throw Up the Sponge?He Gets
Morrissey in Chancery First
and Judge Cardozo Acts
as Second.
Hon Wood Moititi, wlion backed up by an pner
*etlc judge us ilia "second," to bo about us invlucl
blc as his burly and laurelled antagonist, the Hon.
John Morrissey, ex-M. P. R. and M. 0. On Monday
a new complaint was drawn on behalf of certain
turtles and yr ,terday upon presentation of tho
complaint duly verified, and trie affidavits of Henry
Ooltoa and Samuel T. Dickinson, Judge Cardozo
issued another mandate, which Is presumed to knock
Morrissey out of time. Tho coinolaint is drawn in
the ordiuary form, almost similar to those preced
ing it, but I'liavgci in addition tnat the uetcndauts,
Morrissey, Anderson and Zachariah E. Simmons
liavo conspired to defraud the plaintiff- by obtain
ing control and possession of tho business; that
the uppoiutment of Morrissey as receiver w is ef
fected oy their collusion; tnat at tho time of secur
ing said appointment said Morrissey, Anderson and
Simmons well knew that the order appo ntmg Wood
receiver was in full force and effect, ana that the
transfer of tho property by^Morrlssoy to William L.
Simmons was a pretended sale and conveyance for
the sum of $25,000, and that the price was far less
than tho actual value; that such pretended sale was
fraudulent aud void, but Is held by said W. L. Sim
mons for tho benellt of Anderson, Mirray and 7,. E.
Simmons, Ac.
The following are the affidavits and injunction:?
Supreme Court.?City a,id County of New
York.~Hetiry Colf,m ami Samuel T. Dickinson
vs. Zaotutriah Simmons, Charles H. Murray,
William C. France, JafM3 Stewart, Isaac
Bernstein, Btmjamin ivood. John McCool, Jamb
Bawh, Fratwis Kino, Reuben Parsons, Marcus
A. LitteU, Benjamin S. Ilalsey, James S. Wat
son, Charles H. Murray, Zacharlah K Sim
nwns and Lewis Davis, as talleged) lY/islees, t?t\,
G. P. Sweeney and C. S. Howard, John Morrissey,
William L. Simmons and John Anders on.?
City and County or New York, w.?Henry Col ton
and Samuel T. Dickinson, of the city and county of
New York being each severally dulr sworn, old de
poso and say, that the plaintiffs (these deponents)
and defendants are associated together in business,
In a community of Interests jxnd proflts. except tho
defendants, John Morrissey, John Anderson. William
I,. Simmons, Lewis Davis and /.actiartah K. sunmous.
That before the commencement of this action, and
for a lone time prior thereto, tho plalntlilfc (these de
ponents) and defendants as aforesaid were and nre
the owners and proprietors of certain franchises,
commonly called and known as "Lotterv Grants,"
authorized and Issued by the States of Missouri,
Kentucky, Delaware, Georgia and Louisiana. And
deponents further say that thoy are informed aud
believe that they and the defendants as aforesaid own
lu a similar way other similar fmqclilaes or lottery
grants, issued by the Legislatures of other States, the
perclculara of which these deponents are unablo to
state, but which were and are lor the uac and benefit
of these deponents and defendants as aforesaid.
Depononts further say that the said lottery grants
were and are, as these deponents are informed, and
believe and aver, based upon special and speoiflc
statutes or legislative enactments of the States of
Missouri, Kentucky, Delaware, Georgia and Louisi
ana. authorizing certain parties (corporations or in
dividuals) uatued therein, to raise money iby lottery)
for municipal improvements, educational puruoses
and other lawful or moral objects, and that, as
deponents are informed and believe, and aver, the
beneilt and privileges of those legislative acts have
been and were assigned or otherwise transferred (in
writing) for a valuoole and proper consideration by
or irom tho original grantors to the parties through
und from wnom tnese deponents and the said de
fendants derived title before tho oommcncemcnt of
this actlou. Deponents aro unable to stt forth the
dates of said respective enactments of their names,
bat refer ttktrefor, as well as ior the provisions of
tuose enactments, to the printed volumes of the
laws ol said several States, tu pursuance or the
statutes in such cane made and provided. Depo
nents lunhur say that the; are luiormed aud believe
an d aver, that all of said iottorj aruuix were iu
cxtsteuce ior a number of and some for many years
prior to tho commencement of this action; that thoy
arc 8UU subsisting and likely to coniiuue for years
to come; (but the principle upou which said fran
cUines wore und are based wus und is not contrary
to, Out consistent witn sound Dollcjr and public mo
ralcy} that tho business conducted by these depo
nents und Maid deleudants under said grants was
and is Juily legalized lu and by the said states re
spectively; tint tuey have beeu, were and are
lawful property within said States respectively-,
and so treated and respected; that contracts
and other transactions growing oat of said
grants and iranctiises, in reference thereto
or in any way aifectlng them directly
or Incidentally, have been, were ami are upheld,
protected auu sanctioned in and by me laws or said
several Stales respectively; that by the laws of said
several total en respectively said grants and fran
chisor have been, were, and are capable of sale,
mortgage or other transfer like personal property,
generally by, or from tho original grantors; and their
transferees, and that as property thus impressed
with the character of personal property, they Uavo
been, were, and are of srrcat pecuniary value. De
ponents further sav that before the commencement
of this action the said lottery grants were count
ered to be, and were d.videa into MO shares,
twenty-two of which shares the deponents were
beloret und on that day the absolute and undisputed
owners, and tttat the residue of said shares were
owned by some of the defendants, as deponents are
Informed and believe, and in audition to said grants
or franchises depouent* and said deicndants afore
said are the owners of a largo and valuable amount
of other personal property and moneys, a targe
amount 01 which is within the jurisdiction aud con
trol of this court, but the particulars of which depo
nencs are miaou; to enumerate or describe In
detail. Deponents further Hay that during
the period that they have beon and were
connected witn the said lottery grants, tho
boainess thereof lias been prosecuted by and
for the benefit ol themselves and co-owners la the
name und under tne style of C. H. Murray .V Co., the
proiHs and losio.; thereof being apportioned among
the said owners according to the number of eiiarta
owned by each of ttieni reimectlvcly, or according to
their respective luterests in'the said grants. Depcm
0111-, rni tner say tnat agencies uave neen, were and are
established throughout the said several States
aforesaid, whose acts have been, were aud
are lor the beneflt and on the responsibility
of the principals, the owners of said grants.
That tli ?e agents sell tickets and account
daily to tneir principals, who have to make Rood
any pri/.a drawn by the purchaser of said tickets.
That the said busmesa involves very heavy daily
expenses, the precise amount ot which deponents
being ignorant. cannot set it lorth. and that liability
upou prizes drawn ta very great and incapuuie of
bein/statea, and mat us deponents have reason to,
und do believe and aver, that with the various inci
dents and appurtenances thereof, the business done
by and under said grams, by aud in the name ol C.
II. Murray A Co., amounts in the aggregate to seve
ral millions of dollar*, with a corresponding liability
aud responsibility proportioned to the several
shares owned by the gnid several parties. Ihatiho
management of tho busings has been carried ou
under the uame ol 0. II. Murray A Co., and that tho
defendants, Zachartah B. Simmons and Murray,
cisim to exercise and have assumed the manage
ment and control of said businesj, under and by
\ Irr ic ol a pretended deed of trust, acting as though
tliL'y were really the owners and proprietors of
said Iranctiises. That thy said Zaoliurlali K. .Sim
mons uud Murray are seeding nnd striving to obtain
tne sole control of the agents aud agencies, and will
not. delorto any exercise of authority on the part
ol tnese plaintiff . That the defendant /achuriah
K. Himmous, on the ? day of Docember, IBM,
entered the principal ofUce of C. H. ..iui ray A
Co., No. 2M Rowery, city of New York, and
has taken physical possession of the books
and property oS deponents (these plaintiffs) and said
defendants an<l carried them awar, and removed
them bey on I tne mu;h ol tiie^e piaintin*. Tliat as
deponents are informed and iwdcve, the said defend
a i s, Murray and .Simmons, tiavo directed the oorres
ooudents and agents of t;. 11. Murray A Co. to direct
all letters renaming to said business to some other
place unknown to deponents, other than the
raid gen rat ofllce. that the said C. II.
Murray <v Co. have for a long time past
deposited the moneys pertaining to said busi
ness iu the First Y.iional Hank of New York, for
aud on account of tim first National Hans of Jersey
cur, N. J. That within a short time pnst the
money* ho deposited have been withdrawn, or have
been withheld irotn deposit by said defendants Mur
rur tnd .siuimoos, and converted to toeir own use.
That the business aforesaid has become embarrassed
by the illegal, improper nnd unauthorized conduct
or s.:id deiendauts Murray una Simmons. Deponents
further show and aver that on or about the J4tli day
of September, 1sh?, John Morrissey instituted and
consienn i an action in the supreme court of tins
.state ay oust all of the above named defendanis.
except vviiiiuin 1?. Simmons, u. I', sweenev and c.
>s. Howard and asked in in-complaint lor the ?p
poiL'iment or a receiver during tne pendency of tne
action Ot all the property, lottery grants and fran
clilses set lorth in the complaint In said action, and
widen is the same properiy described in the com
plaint herein, as wall ns for other relief. Deponents
iuither snow that such proceedings were had in said
action that on the etn day ol December, tseii. and
White said action was pending and undetermined an
order was entered therein appointing lienjaiuin
Wood receiver of all the property, rights, grams
and franchisor or C. H. Murray A Co. arising
under or appertaining to the grants aforesaid.
Deponents further show that afterwards?to wit, on
tne nut day of Decern nor, iftuw?the satd lienjumiu
wood executed and hied tils bond as such receiver
> in the office of t he olerk ol tins onus. daU snoroved
by a Justice thoreof, and thereupon iwauraea and en
tered upon tne duties ot bin Html trust. Deponeuu
lurther show and aver on information and belief that
the defendant Morruaey at one tliu# was tUe ownor
of a number or shared of the said lottery Krauts, out
subsequently and before tho 1st da? of Decem
ber, lnot>, sold and disposed of tun Interest to
Zarhanah E. Simmons for a large sum of
moue?. to bo paid by the said Simmons by
instalments, but said Simmons faidn? to meet
said payments, the defendants Morrlssey and Zaeb
unah K. Simmons sold und conveyed their several
interests In some form to the deiendnnt Ifenjainiu
Wood, for an amount of upwards of 1200.000, to be
paid by instalments, and that there ha? been paid
tnereon upwards of $100,000, ihe balance thereof not
having as yet matured or lalien due. Deponents
lurtber show tliut at one time defendant Anderson
owned tea sharer! or the interests in said grain* and
property; but before the commencement or this ac
tion he sold the s wne to the plaintiff Dickinson Tor
the sum of upwards or 400.000, retainimr
u lien thereon for upwards of $60,0oo.
Deponents further show, on iniormatioi and belief,
that the defendants John Morrisse*', Anderson and
Zacharlah E. Simmons, have fraudulently conspired
together lo defraud iheso plaintiffs by obtaining the
possession aud control of the basilicas carried on by
C. H. Murray A ro., ns well ns 10 repossess them
selves of the Interests heretofore conveyed b.v them
to tne dsfeuduut Wood and these plaintiff-'. That to
accomplish ana carry out this obiect the said
defendant, Zachariah E. Simmon.!. In co:iu
sion and under the direction of deiondatua
ftiorrlsse}' and Anderson, commenced an action
in tne Supreme Court Of this sta'e. on
or about me lath dav of December, is39,
against these plalmiUH and other deteud.kiits, for tne
purpose of securing the appointment of said Mor
rlssey as receiver of all the property and effects of
C. 11. Murray .V Co. Deponents further snow (hat
for the purpose or carrjmg out bald conspiracy and
defrauding these iriuintlils und securing 1110 possv.s
sio.1 aud control of naiu property the said /.scaariaii
E. Simmons, in collusion with said deleudants M01
ris.sey and Anderson, proouied in said action on mo
lr.th day or December, lsoi), au order appointing
the said Morrissey as receiver. Depouents
further show, 011 Information utld belief, and
so cuarge tae fact to be, that the said deieadanu
Morrlssey. Anderson and Zacharlah li. slmmona at
the time of the granting of said orders well knew
that the order appoint nig Ucnjamm Wood receiver
or satd property was in full force,'virtue and effect,
and knew that the legal title to the same was vcsied
lu the said Wood. Deponents further say that they
are Informed and believe that the said Morrlssey,
protending to act under and by virtue of the author
ity of said appointment as receiver, and while the
title to the property was vested in and in the posses
sion of the receiver theretofore appointed, lor the
purpose of defrauding these pialntuls, has pretended
to sell and couvey the grants und property
In question to the defendant. William L. Simmons,
for tho sum of $25,000. Deponents further show
that the said defendant, William L. Simmons, well
knew that at the tlma of said pretended purchase ot
suid property by him from Mornsscy that the title
and possesion or said property was vested in Ben
jamin Wood, an receiver, by virtue of an order of
this court. Deponents further show that said Wil
liam L. Simmons is a brother of the defendant
Zacharlah E. Simmons, and was well acquainted
with tho value of the property so pretended to
have been purchased by nun iroui the said Mor
rlssey, and that the price pretended to have
been paid wus iar less than the actual value of tne
same. Deponents further show, 011 Information and
belief, and so charge the lactto be, that said pre
tended sale was fraudulent und collusive, and made
for tho purpose of delrauding the.MS deponents and
others, and mat said William L. Simmons holds the
pretended title to 1 tie same thereunder for the benefit
01 the defendants Anderson. Murray and Zacharlah
K. Simmons. And said depouents lurther
isay that said pretended sala by defen
dant Morrlssey to William 1.. Simmons is
fraudulent and void. Said deponents farther show,
011 information aud belief, that by the lraudnleiit
acts aud representations 01 the defendants Morris
sey and Zacharlah K. Simmons. 0. II. Murray A Co.
have been Induced to accept several dralts in favor
of said defendant John Morrissey lor upwards of
lliteen thousand dollars, and now held by the de
fendant Monissoy. for which the said C. H. Murray
A Co. have received no consideration, and the
payment thereof woula seriously prejudice the
rights of these plaintiffs and the other par
ties In interest. That under the present con
dition 01 alTuirs, the said defendants Morrlssey
ftiiu Simmons arrogating to themselves the
right to manage and control said business, and
bavin? by their illegal, Improper aud unauthorized
removal of the books and property aforesaid, de
ponents (these plaintiffs) are compelled to continue
111 and be exposed to all tne prejudice an 1 liamllty
of the business lu question, against their will, with
out uny emolument therefrom, and without being
suffered to represent or act m behair or tneir own
Interests; that deponents (these plaintiffs) lrom this
cause must and will sustain and suffer irreparable
and irretrievable injury; that the business hereto
fore conducted under said lottery grants has been
prosperous aud lucrative, but through the miscon
duct and mismanagement of tho said Murray
and Simmons, und such or the defendants as
nro acting in conjunction with them, the same has
become impaired and greatly depreciated in value
and losing heavily, and under its present manage
ment must and will cuntlnue lo do so. Depouents
are informed unit baiiave LiiaL tlte book*, papers aud
muniments of title to the lottery grants in question
and other papers appertaining to the business
tiiereof are lu the possession or under the control of
the defendants Murray und Simmons. Deponents
further say Hiut the said association doing outness
under the name of C. II. Murray & Co. are Indebted
to them in a large sum of money, arising out of tno
proms or said business, wnich they refuse to pay.
HENRY COf/l'ON.
8. T. DICKINSON.
Sworn, Ac.?Hk.nkv N. Waits, .Notary 1'ubllc.
Tne following is Judge Carduzo's order
Ordered, That llenjamln Wood, of the city of New
York, ite ana lie la hereby appointed receiver or me
property, assets, credits aud mrectsoi thu tniiti'.es*
mentioned ui the complaint, and of tue
grants, franchises, corporate privileges or pro
perty of any uature liela la trust or claimed
to t>e ueid In trust by Charles II. Murray,
Zachurlah E. Simmons and Lewis Davis, lor the use
aud bene lit of themselves and the other defendants,
lu this action, or any 01 taein, aud or all property or
rights of property held, owned or controlled by ihe
firm Known as C. H. Murray ft Co. And it is further
ordered, that sala receiver execute a bund m the
sum of ?10,000, with suiticlcnt sureties to be ap
proved by a Justice of this court, conditioned for
the faithful performance of his trust. And It is
further ordered, that apon the execution and
flling of said bond, said receiver shall be vested with
the usual rights aud powers of receivers. And it is
further ordered that ihe parties to this action, their
agents or attorneys, or auy person or persons hav
ing the custody, control or possesion or any money,
boots, papers, chosen 111 action, estate, grants, frau
clnses, corporate privileges or property 01 any kind
belonging to or appertaining to tne business men
tioned iu the complaint herein, assign, con- 1
vcy, transfer and deliver, tue same to the
saiil receiver, together with all vouchers,
papers or correspondence relating thereto
forthwith; and that said defendant Morriswey be, and
he is hereby enjoined lrom (lisp sing or. or collecting
the acceptances reierrud to in the complaint herein;
aud that he pay over to said receiver herein all
moneys In his hands belong.ng to C II. Murray ft
Co. forthwith. A:id that said defendant William
L. Simmons is hereby ordered and dtrcciud to
deliver to the said receiver herein all pro
perly, money and effects ? received by htm
under the pretended sale from John Morrlssey,
as receiver, Immedlatc'y upon tne service of a
copy or this order. And it is further ordered that
tne said receiver hate liberty to sell and dispose of
the lottery prams aud franchises mentioned in the
complaint lu this action, together with ulI property
of whatever kind be.ouging or appertaining to said
business, either at public or private sale, as may
best protect the interest of all parties. And it
is further ordered ttiat these defendants and
each oi them bo ami they are hereby enjoined aud
restrained from seJing, assigning, transferring,
mortgaging or encumbering, or ui any way or
manner whatever parting with or disposing of the
lottery grams In question, or any otie ol them, or
the business or good will of the business apper
taining to all or any of thetn, or to any right, tltlu
or Interest to or in all or any one of thorn,
or the real or personal property belonging or ap
pertains to said business, wherever situated, or
from hi anr way Issuing or operating ihe lottery
grants in question, or lrom causing or participating
in the drawings under said lottery grants, or gener
ally from pursuing, prosecuting, conducting or car
rying on auy lottery business wnatsoever for, In be
half of or in thu uaine or said lottery grants, or any
of tliem, under any pretence whatever. And it is
further ordered that these defendants, and each and
every of them, be and they are hereb* enjoined and
restrained from receiving any money, checks or pro
perly or any kind, lrom or making use of or employing
in anr manner tue agencies or agents, or any of
thoin, Ik longing to or connected with or forming
part ol tne business conducted or pursued uuuer
tne said grants or tiny or either of them. And it la
further ordered that the deleudant show causc why
the injunction aud recolversttlp hereby granted
should uot be continued In force until the hual de
termination of ihe cause at a .special Term at cham
bers of this court, on the first Monday ot January,
i "o. at twelve o'clock at noon, or as soon thereafter
a.? counsel cau be heard.
Krom this it will be seen that Benjamin Wood Iim
finally obtained control of the lottery franchise*, and
that he remains at present In undisputed possession
of the name. Ihe order upsets the plans of Hon.
John Morrlssey, Hltnmons .1 Co., and reinstates Mr.
Wood in ull the beueilts to be derived lrom tue ro
ceivership.
Mr. Wood intends to advertise and sell the whole
of the lottery property at public auction, including
that lu the preteuded salo by Iton. John Morrlssey
on l-rlday last. Aitor this sale he says he ??will
wash his hands of the eutire lottery business."
fltmcKSsrta Co-opkration.?The workmen in the
shops oi the Boston and Alnany Itahroad a. (Spring
field, Mass., have successiuily continued to save
money in the purchase ol the necessaries of life,
l rom one man's buying, at. a "jobbing /ignrn," a
box of soap for himself and fellows to use in the
shop, the business ns* grow n till It compasses the
supplies of Hour, sugars aud most of the groceries
required by fifty rammes. Tho accounts snow a
monthly disposal ot ion barrels of crackers, 800 bar
rels of flour and 28 barrels of kerosene, with :t00
boxes ot reiatus aud Mcnosta ot tea per year, and
potatoes, beans and apples to matoh. Something is
(lone also in meats, turner and cheese. Tne prices
I are claimed to bo ahont twsuty per oeut ??off" from
I cue rates at the retail stores.
THE DICKEY MURDER TRIAL.
Rum Driukiiig Over the Murderer's
Victims.
Night Session and Fifth Day's Proceedings
In the llickej Trial at Haekensack, N.
J.?How " Tired'' the Prisoner Was
a Few Honrs After tlie Shooting
and W hat Ho Hid to Recnperute?
All tho Testimony Submitted.
The trial of John Dicker for tho murder or hid
wife, Mar/ Ann Duke/, was continued Mono a/
evening in the Iiergen count? Court or Oyer and
Terminer, at Hackensack, N. J., Judge lieule pre
siUlns. Tlie testimony adduced during tuo night
sosKion and mat of yesterday closed tho cade la the
matter of evidence, when coumel begau their argu
ment, occupying iho entire afteriioou. Tlie court
room was again crowded and tne same interest wad
cvlnccd as when the prisoner tvas arraigned. Tno
following is tho testimony:?
MIQBT SESSION. .
sheriff John L. Van ICarcom testiiled that he
received Dickey's pistol, with tour barrals still
loaded and two discharged, lrom ofllcer Westervelt;
caps were In Dlace on it; could see the balb by look
ing down tlie muzzles; did not wish to carry tho
weapon loaded, and so llrod oil the remain
ing charges; had a sluugshot In his pos
session which he also obtained from the
above oillcer (produced in court aud identified); ob
tained clothes belonging to Colquhun, tho murdered
mau, at same tuno the weapons were given lum.
(l'wo shirts, of.iioavy material, marked with dark,
bloody patches, cut from Colquhun's body at the
time of the coroner's Inquest at liombay Hook, were
also produced and identified.)
in the Sheriff's cross-examination he testified to
having seen a slungshot before, though not made aa
the one shown; tie did not think it was a ilsh-uet
stuker, If It was it was a very peculiar one.
CONSTABLE JOHN P. B. Wl.bi'KKVEI.'l RECALLED,
constable Wcstervelt testiiled that he got the
sluugshot from a chest in pmouor's bedroom tea
days or thereabouts after the inquest; in the cheat
were papers and a demijohn of liquor, but no
clothing; could stato positively that the shirts shown
in court were tho same cut from Colquhun's body,
by tne stains of-blood and tho peculiar cutting the/
received when taken off.
CONSTABLE JOUN 1\ JOHNSON'S EVIDENCg.
Constable John 1'. Johnson testiiled that he was
an oillcer, living in Closter, Bergen county; that lie
summoned tlio Coroner's jury at Bombay llook to
hold inquests on the bodies of Colin Colquhun ana
Mrs. Mary Aon Dickey; saw Colquhun's body lying
on the floor In the south room; was on lus right side,
with his legs drawn up; noticed his ulothes in every
? articular; his dress was not at all disarranged;
ooney and (jutgle.v (previous witnesses) came to
linn tue morning alter the murdeis aud apprised
him of the state of affairs at Dickey's home; Mrs.
Dickey was not dead when witness got there.
MAKUAKKT JANE 1I1CKKY KKCALI.Kl).
The prisoner's (laughter was again recalled by tlis
prosecution and testified mat sue had seen the
biungsuot then in court befoie, as long back as a
year; had seen it in lior father's trunk in his bed
room; did not Know where it came from; had also
seen it In his coat pocket aioug with the pistol pre
viously shown and ideutlfled by her; tnat was two
weeks previous to the shootiug ail raj on the morn
ing of November i.
in her cross-examination she said?rather went ?
fishing sometimes with a net at the factory dock
(net described by witness as being square, with two
hair hoops at eitder end); did iiut know whether ha
ever used a sinker on It like the siungsliot in ques
tion; he used to have sometnliig on it to sink it;
tattler's trunk in ills bedroom waB generally locked;
saw the slungshot in it one day when mother and
self were house cleaning; saw it when It was taken
out by Justice 1'urdou.
Here the proajcution rested, after recalling
roundsman Austiu, who testified to unlockm^ tne
tniuiw and procuilng the pistol niter the murders;
with presenting tne following exliiotts:?The clothing
oi Mrs. Mary Ann Dickev aud Colin Colquhun. the
pistol and HluugnUoi, tuo diagrama selected by L)r.
Crary, oi Cluster, by which he endeavored to show
tuo nature or the wounds lntllctod upon the decenscd
person^, and two diagrams or the arrangement of
the rooms m Dicney's nouse.
The defence tuen without any opening argument
proceeded to call tneir witnesses as ioi;oivs:~
Wll.LI.Vtl KELLY'S BVlDBNOB.
William Kelly, "a man of ail joos," testified that
lie bad kuown Mr. aud Mrs. Dickey about four years;
that bis (Kelly's) house was above theirs, a distance
??Win-so tiian two miles wnea the title wn down,
aud ubuut twenty-live miles when it was up;" Dickey
cauic to dm house about six o'ciocn on the morning
of Tuesday, Noveratwr 2, anil wanted witness to go
for a doctor; went back wnti him m a boat as lar
as bid house; got out and went into tbo room where
Hie shooting bad tak.cn place; saw trie dead man
Colquliun lying on tlio floor; Dicker's wife was also
there witn lier "three children and a big Newfound
land dog under the tabic;" Mrs. Dickor was lying
on Home bed clothes; shu did not spook to
witness, but ho did to her; took her bjr
the hand, she moaning heavily all tha
nine: put hi* baud on the dead man'*
cheek and said to pris -ner, who was prosont, "ilo
Is dead;"--Oh yes, he la." responded Dickey; the pris
oner told his wile that --lie was going to i onkem to
give himself up," when she ?aid, - Johnny it's my
fault;" Dickey hod bin handkerchief in his h&ud,
and ho began to cry; he then at once aald '-You wit
ness that, it's tho lirst time I ever got auylhiug out
oi her;" did not really know what ibe> were talking
about; Dickey did not have hold of Uer hand; hia
daughter Margaret had then gone no stair* in the
north house lor money for linn; wneu stu returned
he asked "Had she no more than forty t" saw bar
go and come back with something, but cannot Bay
wujtuer it wa? money alio nau4ed him or not, but
supposed It wm; Dickey uud witness then ent to
VoiiKei's, but could uot obtain a doctor at the time,
us two whom 110 (Kelly) culled upon were unable to
go with him because of unt.cipaied professional
duties; Dr. I'ooley afterwards weal i).or and sent
bun back with a bottle to gut titled; wl.en lie returned
Mrs. Dickey was dead.
in the m
CROSS-EXAMINATION Of KRLI.Y
lie said, after a deal ot bard questioning that when
in-1)r?i hhw Mrs. Dictn aha must bin bora very
weak; she was in a good deai of paiu; there wore
pillows beside her; her hand, which lie took hold oi,
was very cold; Dickey Urst Stood *0 the stoop; be
camo in alterwafds. stepping over Hie dead man.
Colquliun; Dickey showed him a demijohn of liquor
as soon as lie Came In. and each of them had a drink,
the dead man and dying woman wnhiu a few feet
ol tiii-m: at the tuns of drinking Dickey said. "Wo
were at tuts (liquor) all night;" he also aaid ka was
very tired walking so far alter him that moinina;
Mrs. Dickey did uot nay anything thou; when Dickey
did speak to her she was v ry weak, moaning all
the time, but she did not say "It's all your lault;" no
thought lie understood iier too well for that.
l hi? was the substance oi the scene in tho dismal
kennel a lev/hours after the commission of tho
crimes, so far its uudci stood by this witness. wiu>
mumbled and muttered mucn taa. was irioievant
and coutradu tory.
YESTERDAY'S SESSION.
Judgo li' die, who w is compelled to proceed to
Petersen In the morning, returned at two o'clock.
WDM Um trial was proceeded with, the defence call
ing upon Constable Weauirvelt to measure iu diuer
ent portions of the court spaces of twelve reel sin
luches, fourteen feet six inches and three feet, which
waa done with an ordinary two-loot rule, wMt tne
defence announced Hint they rested ou their side.
The prosecution then called tnu loiiowiug wit
IK'S.:
J A'IKS (CAIN'S KVIDENf'K.
.Fames Kalu testified that he lived about ro feet
from the bouse where tho shooting occurred: went
there with the prisoner; Mr. lMckey a-knd iuo to
question Ins wife how tlio thing happened; she took,
ine by the hand, and snaking her hand. Mini.
"Dickey was a bad man; that sue wished to be killed
outright, as she wus Mire of heaven, and that she
was in (treat sniveling;'' Dickey sunt ho would give
himself up, and not run awaj, but notny itoaa
McNeill; tout there would bo bali required, and the
next tiling ho would have to do would be to get a
divorce; left him (hero the linn time that 1 wuni. out;
she was then lying out In the room.
In the cross-examination ol this witness he testi
fied that When he went in With Dickey the latter
toid linn to -ask her how tho thing Happened."
Mrs Dickey did not reply to Una.
Tlio prosecution also roitea here and the ease
was closed ou both slcies at iwciuy minutes toturoe
o'clock.
District Attorney Ackcrson then arose and said
that Inasmuch a* tho ease had occupied t>o much
time tile prosecution would waive the light to open
in the matter of summing up; but the dcicnoe hold
that they expected the prosecution to proceed aa
usual, which was done.
lip to live o'clock District Attorney Ackerson had
addressed tho jury on the pan ol Hie Mam, and A.
D, Campbell and I'. A- Youngoiooil lor the prisoner.
Tnc theory ol tne defence, so far as ih< u developed,
seems to tend towards the insinuations of an adul
terous nature on tno part of the murdered woman
with Colin Colquliun, and that ilie prisoner took
lier Hie beeauao of t. Tne greatest latitudo is given
the counsel on either sido by the Court, as It is a
case (bat required thorough silting, which It has re
ceived. _
Wrai.tii of Ohio.?The valuation of rent ettate la
Ohio for the present year amounts to ?.,w7,4nJ,iO;i,
widen Is an increase of $I.i,!kvi,716 stiire last >car.
Chattel property reaches an aggregate of |46l?.702,243.
lho totm property In tho Htate, tl.lA7flmi,46ft. Tlia
incieast-on real and personal propouy over 1MJ8 la
aoout one and one-tilth per cent, and oh teal csui.a
two pot cent.