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TEBUS or ADJUSTMENT Our readus are aware that wc have frequently dismissed all speculations as to tiio speedy advent of peaoo by expressing the opinion that peace was both a phys'ioal aud a political impossibility so long af the one eide or the other persisted in carrying the war to the logical conclusions which result fx\ xn the tendencies at present impressed on it by the the determination of both partieB. If the insurgents shall persevere iu their ill-omened attempts to over throw the National Government, to renounce the authority cf the Constitution, and to break the ter ritorial uaity of the United States, it is evident that the war will go cn, because so long as such assumptions are maintained there will bo an an tagonism pledged to resist them to the last ex tremity. The drift of events during the last three years aiid a half must have made thia faot clear to the moat determined secessionist in the South. At the same time it is equally true that so long as tho war is waged on the polioy of confiscation and extermination, denounced by a large and pre dominant clase cf politicians at the North, there will he an antagonism to the Union in the South sufficient ttf feed the flames of war for an indefinite period, as this polioy endow0- the insurrection with a vitality in ite every psrt The truth of these views seem* to be blindly apprehended by some in the South who havo pre vLu?]y closed their eyes to the admission of any iigat whioh did not point in the direotion of their preconceived wishes. For instance, we find "The kiubsipian" (an intense secession sheet both be fore and since the outbreak of war) holding the following language: " We entertain a solemn conviction that the war will go co until tee people of both Motion* of the late United States abate somewhat of their high pretensions, and are willing to meet each otber upon tbe great balf waj ground of mutual compromise, concession, and conciliation. There i? do otter poiiible way of adjustiog our difficulties, except In lbs Owbonor of one seotiou or tie otber; aud doe? any saoe mas, North or boutb, desire tbe consummation of this diibunor? Iu tie height of passion mob ?eutimeots un doubtedly have a d oo still prevail. But sober reaaoo will trscb tbe ftorthern and Southern patriot alike bow suicidal would be mob a remit " The K publicans of tbs North are striving for tbe ab soln a lutjjgation aud degradation of tbe South Mad fool*bu ttey not know tbat submission on our part li not peace T Tbere are those in tbe 6 >uth wbo would, If the) could. subjugate the North. Equally insane aod suici dal icfiiutttiou 1 There ia no peace, exoept an honorable peace, to both tidea. Thia la tbe only peace tbat promise* permanency, that ii ereu worthy oi tbe Dame; it is tbe only peace ttstcan be desirable td true patrota. li tbe Bob h. by any po??;bili y of overwhelming loroe, eoold be ei mptlled to accede to a disgraceful treaty, It would re quire a itiudiDg army of five hundred thousand men to eu lorce ua rtquiiemeuis There would be perpetual insur rection, to end at hat in empireal monarchy or perma nent military dictatorahip. ' Let no man deceive himseli. There never can be neace io tbia oouutiy if any State 1a compelled to rest co der the stigma tl disgrace. iieuce it la that we must make Je?ce touvrable alike to ail The war, therefore, muat ill ana io sm, bigotry, deapotlam, and intolerance on both side*. Before it ends these fr 11 genii of deatructlon aud good government will lie deep buried beneath the ocean of blood aid tea.a *bich they bavo caused to be shed to ap- J peaae their iutatit.b e appetite# | aud tbe good genius of conservatism, or Christian cbarity and genuine republican ism, will x se up to goveru and bless the land. When this la 4oce, who can any that tbe war waa nut necessary T Let &s hope that the temper of tbe Ametioan people la even now Bearing tbat consummation, so devoutly to be wiabed, and that it will aoon find meaus of making itaelf known and felt Beyond all doubt tbe great body of tbe pet pie on both aides deaire peace to day. In our opinion, ? they axe wiUiug to conclude it upon terms whioh will leave / Ue eacutcberns of both Governments untainted with dis grace, and if tbey fail to make snoh a peace it will be at tributable to their owe moral cowardice." There oan be no "half-way ground of mutual compromise, concession, and conciliation" whioh does not proceed on the basis of the Union. So toon as this premise shall bs conceded we do not doubt tbat the people of the South will be "met wUL liberal terms on other substantial and collateral points." GENERAL INTELLIGENCE Ioe Teath aad Eighteenth Corps have been abolished as military organisations The white troops of both are re formed, aud will hereafter be designated the Twenty-fourth Corps, uoder Geo. Ord. All tbe blaek troops of the Nlotb, Tenth, aud Eighteenth Corps are organized into a Corps dAlrique, and are designated the Twenty fifth Corps, un der Gcn.Weitssl. ? f Our cavalry expedition to Londoaa Va'ley (Vs.) has idturnet). having been entirely successful. They brought ?w&y about two thousand bead of cattle, sheep, and hogs, and have left the whole region over which they passed without h?y or forage of any kind. All barns containing hay Lave been buried, and the haunts of Mosby and his gang thoroughly cleaned out A few rebel prisoners were taken Accictsi o* tbk Baltimore a*d Ohio Railroad About noon on Tuesday, t?c trains, one from Wheeling aod one from B*ltimore, collided near Martinsburg, and considerable damage wa? done. The locomotive* were ' thrown from tbe track, as well as a number of passenger oars, aod aeveral yaaeengers were very seriously injured. Mr. James II. Waters, one of the oldest and most reliable conductors of the compaov, who was in charge of one of the trains, was instant y killed. I Death Eestesce or a Womah Commuted -M.s. Sarah Jaue bmitb, of Arkansas, wbo was aooteuced to be baog by the neck unUl dead, for cutting tbe telegrspb wire near Springfield, Missouri, has had her sentence com mute J by Gad. Eoseeraos to imprisonment during the war. Tbe dsy of bee?e*ecutiou was fixed for Friday, but owing to ker physical condition she will be permitted to live a little lonfer. '1 he girl is quite yuung, said to be under seven teen Since her trial she has had fit* every two or three days. <tmm Death cr Mn. McClxlocu ?Recent intell.genoefrom Geot aud announces tbe death of Mr J. H MeCulloch, well-ki o*n as the au'tor of a " Dieili n*ry of Commerce end CoojUiero ai N?v gntioo," aod a ' D citonary of Geo graph) " lie was seveoty-flve years old, had been a pro feaeor of pdl tiral economy ia tb? new University of Lon don froru 182b u> 1^82. then filled a lucrative goveromeut offiee, and later eojoyed a pension of ?200 granted by Sir Hubert k"tel. CarTCRED Slaves to be Sold ?The Provost Mar shal oi is.cbmond publishes a long list of slsves, io pursu eooo of a ijetersl order, " to protect tho rights of owners ef slave* taken by or employed In the army Tbe hat in cludes a ccobcr whose owners reside in Missouri, Ten nessee, sod portions of Oeorgla not in possession of kthe rebnls. Tbe advertisement concludes with tbe request that "all persons desuiog to inspect tbe said slaves io< the porpoie o! *d>nilf>log them will apply at the said pilion ; and claimants wisbios to establish ownership wlu apply with doe proof thereof to tbis office." FsotrtRTY OF War?The Providence Journal na tters lo detail the improvements in maoufao unog property, la tbat 8ia?e witnic tbe past year, tbe whole anououng to about $5.010,OuO Tbe war, quhe naturally, Is very popular iu ail ?uoh localities, hew n.Dglaod, generally, is as?kt< g a good thing out of the war. Button, L.well, llaochrster, hewburyport, aod about all manuiaeturiog towns ere iuereasing their weelth immensely. But tbere ere two sidtta to this qaeetioo. The ooosumers share In but lew of these benefli* The high tariff amount* to a pro hibition io some articl s, or to snob e protective duty a* resnl s io the exclusive benefit of manufacturers. All snek laws are equally uijust t> th> oooutry and t3 tbe people. 'J hey enpp e tM ireasury end confer beoefits only upon the fcw^-Zr/TMi A Kewspapeb Not or This World.?We recede from Uuouvubs' (lod ) a hebdomadal, oalled tbe " King dom ot Mtaven.' Jt is not ef tbe eaith, earthy, but, like tfc? unclouded sky above, is prlutcd io blue ink, edited by tine s ocRings, set up by printers wbo have tbe blues, end thr< atees " blue rais " to all who do not go lo for " free dom lo its widest, broadest sense or death rveo In its moot bou^e torn "~CkUifi fctt THIRTY-EIGHTH CONGRESS. SECOND SESSION. Monday, Dkoembke 6, 1864 A* the usual Lour of uueetiug of Cougreae approaotied yesterday crowd* were wending their way toward* Uie Capitol, and, when at noon the two houeea met, the gal leriea were well filled with spectators, and it was evident from the number of members gathered on the floor that a. quorum were present. IN SENATE. At twelve o'clock, noon, Mr. CLARK, of New Harnp ?hire, the President pro tin. of the Beuate, called to order, and the Rev. Mr. boWMAW, the chaplain, oflered an irn presaive prayer to the Throue of Divine grace. ILe PRESIDENT auuounoed that, a> a quorumof the Senate was preaeut, member# would please ooms t^rder. On motion of Mr. FOOT.lt wa. ? tary iulorm the Uouie of Representative! that the Senate had met and were ready to proceed to business. Mr. MORRILL preseuted the credentials of Hou. Na than Fab WELL, appointed Senator from Maine to fill the unexpired term of Mr. Fessekder resigned; and he being preacut the oath of ? ffloe aud of loyalty were duly admin [stored, and Mr. Farwell took hi* seat. I It was ordered th?t the hour of meeting of the Senate be 12 o'clock noon, until otherwise directed. A [message was retired from the House announcing that that body had met, and appointed a committee to wait on the President, in connection with a committee oa the part of the Senate, and inform him of the readineas of the two Houses to receive any communication he might have to make. x On motion of Mr FOOT, a like committee was ordered on the part of the Senate; aod the PRESIDENT ap pointed Messrs. FOOT, CONNESS, and HaNDRlCKS. Mr. SHERMAN introduced a bill authorising the pur chase or construction of revenue cutters on the lakes. Mr LANE, of Kansas, introduced a bill for the reliel of the officers and soldiers of the militia of Kansas in repelling invasion under Gen. Sterling Price, and for other pur ^On motion of Mr. fcOSTER the Senate took a recess for one hour with the view of waiting the return of the I committee appointed to wait on the President. I After waiting until half past one o'clock, and the com mittee not having returned? ... Mr. bUMNER, remarking that the House had hlieady adjvuraed, moved that the beuate do also adjourn. The motion, was carried, and the Senate adjourned. HOUSE OF REPRESENTATIVES. The House was oalled to order at noon, when a prayer was offeiei by the Rev. Mr. Ciianbisg, the Chaplain. lhe roll of members was then called, ai.-d one hundred and fifty members answered. . A message was received from the Senate informing the House that a quorum of the Senate has assembled. On motion of Mr. WASHBURN a resolution was adopted Informing the Senate that the House is ready to proceed to business. . . , . Also, on his motion, a resolution was agreed to that a oommutee of three members be appointed to join suoh as may be appointed on the part of the Senate to wait on the President, and inform him that a quorum of the two Houses Mitc assembled and ready to receive any communication he may be pleased to make. Messrs. Wash burse, of Illinois, Pendletos, of Ohio, and Festow, of New York were appointed said committee Mr. DwiOH r ToWrisEWD, of New York, elected a mem ber it the place of Mr. STEBBtaS, resigned, was Intro duced and took bis seat. . Charles D. Pastow, Delegate from Anaoua, was a.so Introduced and qualified. Tbe bPEaKER laid before the House the credentials of five members elect Irom Louisiana, which were signed by Michael Hahn, Governor of that State. They were refer red to the Committee on Elections. Mr. DAY I?, of Maryland, presented a protest against these gentlemen taking toeir seats; and this was similarly referred. These nemoers elect were, on motion, allowed the pri vilege of tbe Hail pending the decision of their case. ? On motion of Mr DaVI?, of Maryland, the Committee of Ways aud Means were instructed to report a bill amend atory of the Constitution, annulling tbe article which de clares that no tax or duty shall bp laid on articles exported Irom any t^tate. ? . Mr. COX, of Ohio, offered a resolution instructing the Committee of Ways aud Means to inquire Into the expe diency of lessening the tax on tea, coffee, and sugar. Mr. Da WES, of Massachusetts, moved that the reso lution be laid ou the table: which waa agreed to?yeas63, aays 49. On motion of Mr. MORRILL, a resolution was adopted I instructing t' e Committee of Ways and Meaos to inquire into the expediency ot providing a sinking fund at an early day for the extinguishment ot tbe public debt. Mr. WaBHBUkN, of Illinois, ottered a resolution that in future reveoue bills a provision be made to tax domestic liquors ou hand. Mr. MORRILL moved that tbe resiluton be laid on the table. -Tbe questioa was decided in the uegative^yeas 47, nays 63. The resolution was agreed to?yeas 63, Days 51. The bPEAKfcR said be understood the President's mas sage would not be communicated to Congress to day. On motion of Mr. HOLMAN, at half-past four o'clock, the Home adjourned Tuxspay, Dicembib 6,1864. IN SENATE. Tbe fce&ate met at 13 o'cloek, and, after prayetvby tbe Chaplain and the reading of tbe Journal, took a recess til? one o'clock. At that hour the President pro t*m. again oalled to order, when Mr. Nicolay, the private secretary of the President, appeared with the President's annual messsge, which was read by the Secretary of tbe Senate. Tbe PRESIDENT pro ttn. laid before tbe 8enate tbe annual report of tbe Secretary of tbe Treasury on the state of the finances; also, tbe reports of tbe Secretaries of the j Navy and of the Interior. On motion of Mr. ANTHONY the usual number ofoopiea of tbe message was ordered to be printed. He also sub mitted a resolution for tbe printing of ?>,000 extra copiea thereof! wbicb g<>es to the Committee on Printing wben appointed. Mr. SUMNER submitted a resolution as follows: Reiolred. That ths Presldsnt be requested, If not luconi patible whh the pnbllo Interest, to furnish to the 8en*te any information in his posresston rslatire to a proposition of British ist)sets to give aid to tbe rebellion On motion of Mr SHERMAN tbe Senate went Into Executive session HOUSE OF REPRESENTATIVES. ali STEVENS introduced a bill to prevent gold aud silver coin and bullion from being paid or accepted for a greater value than their real current value, and for pre venting any note or bill issued by tbe United Statos from being received for a smaller sum than therein specified. Referred to the Committee on Ways aod Means, Mr STEVENS also offered a Joint resolution explana tory of tbe act to provide reveoue aod pay intereet on the public debt. Referred to tbe Committee on Ways and Means Mr BROMALL oftered a resolution, wb.ch waa agreed to, direeting the Committee on Ways and Means to in quire Into the expediency of amending the law imposing tax on exempts, widows, dia. Mr. JULIAN Introduced an act prescribing an oatb of loyalty to til persons practicing law la the loyal States, Ac. Referred to Committee on Judiciary. Also ao act providing for forfeiture of the real estate of persoos in rebellious States. Referred to same committer. Mr BfcNNETT offered a bill repealing the ninth eection of tbe act approved March ?.providing for carry tog the mall to foreign porta. Referred to the Committee on Poat Offices and Poat Roads. Mr. COX introduced a resolution that the Committee on tbe Conduct of tbe War be directed to inquire Into the cauaes of tbe disastrous reaulta of tbe Red River eampaign under Msjor General Banks, and report at their earliest convenieoce. Agreed to. Mr. BOUIWis.LL introduced a resolution Instructing the Committee on Ways and Means to inquire into the ex pediency of reporting a bill to prohibit trade with the in surrectionary districts, Ao.j which was agreed to At ten minutes past one o'cloek tbe President's Message was reoeived and read. , Tbe usual number of copies were ordered to b? printed, and tbe subject of printing extra copies referred to the Committee on Printing. Tbe House then adjourned ?VXEIfliDAY, DlCIIdBEB 7, 1864 IN SENATE. ' Mr, ua*i?, of Indiana, introduced a bio authorising the holding of a special session of tbe United States Distriot Court of Indiana, and for other purposes The ftlme named fat the special term is tbe third Tuesday in Decem ber, 1864, and the Judge la authorised to order a special term at any time bereaiter, wben neeesasry. Mr. MoRBlLL lutroduoed a bill to amend the aqj in eorporatiDg tbo Metropolitan Railroad Company of thia city. The bill proposes to amend seotlon seventeen of that aet so a* to ciceod the time for tbe eompletion of the said railroad to two years from and alter the oaaeage of tble aot- Tbe bill was read a first aod second time and laid oo tbe table ? LOUWAXA Tfc# F RESIDENT/re preeenled a communication from Miohael Hahn, Governor of Louisiana, tcanamittlng tbe credentials, with the proceedings ?riVtb? seobly of IfOalMM* la the elsolteo. on the 10tk of Ooto bor tut, ol Hon. Charles buiiiu aud Hou. H. King Cutler as Senators from that State, the former io place of J. P. Benjamin, for tho term which will expire on the 4th of March, 1865, aud the latter io tho place of John Slidell, for the term whioh expire* ou .the 4th ol Maroh, 1867. AUo a copy of the subsequent resolution authorizing the Governor to dolivrr to tha Senators their credential*. Mr. WADE preaeotca a remonstrance agaiust the ad miaaiou ol the?c Senators, numerously signed, aa ho said, bj citiaens of Louisiana. They say that, in theii^jpiniou, oo Senator* and Uepreaentativea ought to b? admitted to Congress from th%t State, aud that no electoral vote caat for President and Vice President there ought to be count ed la the Preaidential election, for reaaona whioh thef aet forth. BRIG. OEM. PAINE. Mr. POWELL aubmitted the following rcsolutiou; Retolved, That tba Secretary of War ba directed; If not in compatible with the publio Interest, to transmit to th* Senate the report and evidence taken by a military comhiisa oo, of which Brig. Gan. Speed S. Kry was president, apf olntsd to Investigate the Conduct of Brig Gen Paine, of the United Stateaarmy, lu and about Puducah, Kentucky. Mr. WILSON objected, and the resolution Ilea over un der the luie. Mr. MORGAN presented what, he aald, purported to be the oredentiala of rtenatora from Louiaiana, (the aamc a* laid before the body by the President pro Um ) He aaid he did ao without reference to the queationa that may be involved, and with the view of their reference to the Judi oiary Committee. Mr. TRUMBULL understood that the papera in this Louiaiana caae were voluminous, and, aa It waa not in tended to take action at thia time, he would suggest that they be printed. Mr. WADE waa alao iu lavor of printiug. as the paper* oontained argument* on the aubjeot involved. On hia mo tion the papera, including the remonstrance, were ordered to be printed. Oo motion of Mr. FOSTER, the Senate adjourned HOUSE OF REPRESENTATIVES. Mr. IlLAlNE, of Maine, moved to reconaider the vote by which yesterday the bills introduced by Mr. StbvKHH, of Pennsylvania, were referred to the Committee of Ways and Means?namely, to prohibit the exportation of gold and silver ooin, and to prevent gold and silver coin and bullion from being paid or acoepted for a greater value than their real current value, aad for preventing any note or bill issued by the United States from being received for a smaller sum than is therein speoified. Mr. Blaine said that these bills had already produced much mischief, yesterday largely putting up the prioe of gold. Mr. COX thought that the President had played the bull in his message. Mr. 8TEVENS defended the policy which he proposed in these bills, saying the subject had occupied the attention of the wisest statesmen of Europe for centuries. Mr. Stevens moved to lay Mr. Blaink'8 motion ou the table, but this was disagreed to?yeas 51, nays 68. The vote by which the bill was referred to the Commit tee of Ways and Means waB reconsidered. Mr. STEVENS moved to postpone it for ten day*. Mr. BLAINE moved that it be laid upon the table. This was agreed to?yeas 73, nays 52. Various bills were introduced and referred, but none of particular or striking publio importance *, and at half-past one o'clock the House adjourned. THE LATE BATTLE IN TENNESSEE Nashville, Dec. 2.?1 have received full account* of the late battle at Franklin, acd its antecedents. This battle was one of the most brilliant in its general results of the war. For three day a ahatp skirmishing was kept up duriog the retirement of our army from Duck river to Franklin, within which time a multiplicity of ex ploits and successes resulted to the Federal arms. Gen. Cox conducted the rear guard, and on the '2'Jth ultimo achieved a splendid victory over the rebels at Spring Hill, while Gen. Wilson's cavalry gained a series of im portant successes over Forrest's advance under Roddy on the pike between Turner's and Spring Hill. During the afternoon of the 30th ultimo, the rebel araiy was sorely pressed, under Hood, who had Cheatham's and Stewart's corps, and a portion of Dick Taylor's commacd, numbering in all over twenty two thousand fnen. Owing to Cox's gallant check at Spring Hill, a portion of the Fourth and Twenty-third Crops were enabled to gain Franklin early in the day, where they threw up a line of breattworks, extending from one eud to the other of the curve in the river, behind which our entire infantry com mand took position. At four o'olock (afternoon) the entire rebel foree, com manded by Wagner, made a charge, and succeeded in making a temporary break in our ceutre. With charac teristic impetuosity, the soldiers composing Cheatham's corps, dashed.into the breastworks, and, co-operating with the attacking party on their left, attempted to envelopand destroy our right. In the nick of time the troops tf Wag ner were rallied, and throwing their whole force on the rebel column, drove back the storming party in great dis order, and captured several hundred prisoners. Four times afterward the rebels charged on these liues, but were re pulsed as often with great slaughter. The rebels numbered at least two to our one, as nearly half of the Fourth and Twenty-third Corps were io reserve. The artillery fire of the enemy was made with great precision, but their ammunition consisted chiefly of shot and shell, while for two hours immense quantities of more murderous missiles were hurled with fearful fury into the rebel lines. All the attempts of the rebels to gain a per manent advantage were frustrated, and at dark the Federal position waa unchanged, while the rebels retired under coTer of the wooda south of the Columbia pike. The rebel loaa is fully six thousand, including over one thousand prisoners, an unusual number of wbom were officers. Our loss reached a total of about one thousand. Ab artillery duel was kept up till nearly midnight, when bur troi ps commenced crossing Harpeth river, brioging all our trains and paraphernalia over in safety before daylight. The army then retired to within four miles of this city, at which point our front line confronts the enemy. Tne fall ing back of the army is in accordance with the programme. The battle of Franklin, although of the most brilliant kind, was an impromptu affair, and brought about owiog to the necessity of checking the rebel advance to secure a safe crosslog of the river by our troops. BATTLE FLAGS CAPTURED. Nashvili e, Dec. 2?Additional repoits inoreaae the magnitude! of the late victory at Fraaklia. Thirty etand of color* were captured by the Union forces The 49th Indiana captnrrd five, the 68th Illinoi* three, Reilley's old brigade eighteen, and the Twenty third Corps captured fuur. Gen Stanley, commanding the Fourth Corpa, had a very narrow escape, having had a horse killed under him, and waa shot in tbe right aboulder, the ball traversing the back and going out tbe left shoulder. He ia in the city, and though suffering considerably, is still attending to duty. It is confirmed that Oen. Pat Clebouroe, of Tennessee, is killed. Gen. Kimball, commanding the second division of Oen. Stanley's corps, in the brat of battle passed a rebel Major General who told him he was mortally wounded. His men succeeded in carrying off tbe body Commander Fitch is here with a fleet of boats and irou clads. Sufficient forces have arrived to insure Dot only the safety of Nashville, but another Union victory, in case of a battle, under any circumstances. Tbe military men all unit* In tbe opinion that Generals Stanley and Hchofield conducted the retirement from Pu la?ki In the face of the enemy with admirable skill, and crowning all with a magnificent Union victory at Franklin. DESPERATE VALOR OF THE REBELS Cincinnati, Dec. U.?The Gazette's Nashville corre spondent gives some additional particulars of the battle at Franklin. The plan of the battle was very simple: we had no time to get up a complete plan, as tbe enemy pressed us too ?orely and obliged us to fight him off. The original plan was to withdraw tbe foroe of Gen. Schofleld until meeting onr reinforcements, and then give battle in the vicinity of Naahville; but tbe over-sanguine rebels pressed us too hard, and, when Schofield perceived he could not avoid the contest, be drew up bis litila army in line ol battle in front of Franklin. At balf-past 3 o'clock the assault commenced?Cheat ham's eorps on the right, Btewart's on tbe left, and 8. D Lee's In reserve on the centre. Cheatham threw his whole corps on Wagner's division with great impetuoeity, and, after half an hour's desperate fighting, pushed Wagner back on tke second line, where they beoame mingled with. Cox's and Kuger'a men on oar left and centre. The rebela, encouraged by their auccesa in driving Wag ner baek, advanced wito loud cheers on onr second line. Their order of advanoe waa very peculiar?a semi circle two regiments deep extending all around our linee, and behind each alternate regiment were placed four others, so that tbe aasaulting eotumns were eix regiments deep Hood appeared about 4 P. M at tbe bead ot bis command, and, pointing towards oar lines, said : " Break those lines, boys; and you have finished the war in Tennessee. Break them, and there la nothing to oppoae your maroh from Mash villa to tbe Ohio river." Leud cheers answered the rebel leader, while the whole apioe In front of our liaes was crowded with the advancing enemv. Capt. Lyman. eommandin| tbe artillery brigade of tbe Fourth Corps, had placed bis batteries in favorable post tions, and from these storms of shot and shell were harled into tbe charging ranks With tbe most leokleea l/r?v*ry the rebels roahed on,and when witoin a few hundred yards of our works, our boye opened upon them with so terrible a fire oi mueketry that it teemed at li tothiug couid life twlere it. Bat no wavering waa peroeived iu those advanc ing lines. Ou they $aiue, running to the very parapet of our woika, and tsluck their bayonets under the loga on our balLleueuta ou the Columbus pike. The pressure waa ac great that some of Cox a aud Waguei'a tueu temporarily ? V? V*^Ule' brigade commanded by the gallant Col Opdyke, 125th Ohio, had been held in reserve. ?iwfci ? ' J ?rder of Gen. Stanley, ruihed forward with his brigade to reatore the broken line. The rebela who had crawled over our work# had not time to retire, hi j* " Wagner's men, broken but a moment before! rallied and attacked the enemy on flank, while Opdyke charged in front. A deaperate hand-to-hand fight ensued with bayoneta and butt endt of muiketa. A hundred rebels were captured here, and the line waa restored . r or two hours and a half the battle raged all along our , *5" / men of the Fourth aud Twenty-third Corpa vied wita each other in bravery. Riley'a brigade of the I wenty-third Corpa fairly covered the ground in front of it with rebel dead. The rebel Qen. Adams waa killed. He and hia horse fell into the ditoh iu front of the 104th Ohio. Seven diatinct aitaska of the enemy were repnlaed at all point*, but the firing did not ceaae till nine o'clock. At leaat five tbouaaud rebels were killed, wounded, aud captured, while our lota will probably reach fifteen hun dred. We have taken from the enemy thirty flags-?aome regiments, among them the 7th Ohio, taking half a do*en apiece. 0 Q?n- Sohofield directed the battle from the fort on the north bank of the stream, where tome heavy guna and Twflnty-third Corps were placed, and wnich did great service in damaging the enemy's right o ? THE WAR IN TENNESSEE. Special Despatch to the flew York TimetN Nashville, December 3,18C4. Alter two days of wet weather the clouds disappeared this morning, and the* day has been magnificent. I have been on outright all day. Our line of battle extends around the suburbs of the city, our right and loit, respectively, resting on the Cumberland river. The enemy's line of battle is Just two milea from the city. Quite heavy skirmishing in frout of Gens. A. J. Smith and Wood has been going on all the afternoon by sharp shooters on both sides. On the right of our centre, near Widow Acklin's place, the enemy's skirmishers became troublesome, taking refuge behind houses on Franklin, Granny White, and FTilliboro pikes. Two houses were burned, several injured and ruined by our artillery. Wo usrd considerable artillery this afternoon on our right and right centre, but elicited no reply from the rebel artillery. The supposition is that they are short of this kind of ammunition. Several of our men were killed to day by their sharpshooters, including two members of the Sixth Ohio Battery. The enemy's line can be seen quite plainly with thd naked eye. All railroading south of this oily has ceased to exist Murfreesboro, Bridgeport, and Chattanooga are deemed safe. Events of some moment are anticipated to-morrow. It may be considered an impcssibility for the rebels to cross the river t i'.her ou our right or left, as Commodore Fitch is here with a fleet of gunboats. Johnsonville has bsen evacuated. Every thing was re moved from all the railroads in safety. Thirty-three loco motives and trains were sent North this morning. Kashville und the surrounding country for milea hat been converted into a huge fortress. The destruction of rebel property in defence of the city will be almoat incal culable. At almost all the rich property ownera khere ftbouta are rebel ayrtpatliia jrt, the rage manifeated by this portion ;^f the community at the approach of the rebel ?rmy, necessitating the destruction of their property^is unbounded Nashville, (Tenh ) Sunday, Dec. 4. No new developments have taken place to-day, except that our army ttill encircles the city on the southwest, its wings resting on the Cumberland river. The enemy's lines are cleaily to be seen trorn high points in the suburbs and from the capitol. Ihey are entrenching themselves in a southwestern direction, about three miles from the city. During the day heavy akirmiahing occurred on our left, and* progressed along the line to the centre. Many persona witnessed the cannonading. AloDg the right of our lines , nothing of importance transpired to-day. J Johnsonville has been evacuated, and the road hat been uninterrupted, and part of tbe tralos from there are ad vancing to this point by land The first block houae on the Chattanooga road, four miles from the city, defended by negroes, commanded by C.iL Johnson, of the colored infantry, who surrendered D Alton, Georgia, and was paroled, held out until this after noon, when they surrendered. Col. Johnson and a portion of his aen escaping on a train The remainder were cap. tured. The train was fired into. Ifcveral Jumped from the tram into the river and escaped Col Johnson among them, who it in the city t?-night. THE WAR IN TENNES8EE Nashville, Deo. 7.?A flag of truce w?t teut in by Gen. Hood yesterday, which was received by our pickets on the Franklin turnpike The bearer bad a letter from Geo. Hood proposing an exchange of prisoners Gen. Thomas declined the proposal for the reason that the prisoners we captured have been sent North Gens Milroy and Rousseau are at MurfreesWo, whioh i< well garrisoned, and defended against any tebel force which may attack it. Yesterday a body of rebels attacked block houses Not. six and seven, near Murfreesboro. They were gallantly fought by the garrison, and soon a body of troops, lent from Murfreesboro, arrived, who attacked the rebela with such effect that they were driven off in confusion, losing six pieces of artillery and a number of prisoners. Matters at the front to day tra more quiet than usual. No artilleiy, that can be seen, has yet been placed in poai tion by the rebels. Hood's headquarters are said to be at Brentwor.d, six miles sooth of tbe city, on the Franklin turnpike THE SINKING OF THE FLORIDA Au official report to tbe Navy Department shows that extraordinary efforta were made by tbe Atlanta, as well as by those on board the Florida, to save tbe latter vessel, and it was only when the impossibility of preventing ber from air,king became apparer.t that further attempts were abandoned The following accouut of the misbap is from a newspaper correspondent at Fortress Monroe: " W|>en the Florida arrived in Hampton Roads abe waa found to be leaking badly. Admiral Porter had her light ened t?!l abe rode at anchor with her sheathing above T" n9nj * J9(h U,t'1?0' transport steamer Alli ance collided with tbe Florida, infl cting serious damage to li!! fnr*ar(1 Pfrt of lh? ?*el. This aecident increased tpe leak, and to prevent the occurrence of accidents of a similar natnre, the Florida waa ordered to anchor ofl New port News, where there is less danger from passing ves \ xr j ^th Dltimo the Florirt? proceedsd to New port News, distant nine milea from Hampton Roada. She waa leaking at the rate of eight inchea per hour, and both steam pnmpt were kept continually at work to keep the T* Im!11!. b?'d. This waa the state of toin$s till half-paat ene o'clock on Monday morning, the 23th, when the engineer of the Florida called up her oom mender and informed him that one of the steam pumps had broken down, and the leak was gaining rapidly. Aeting Master Jonathan Baker, in charge of tbe Florida, at oncS aroused the crew, rifged his deck pumps, and made every effort to keep down tbe leak. The Atlanta, under whose urDV< J" J,d? WM, ,no,,ored' WM ?iRoalled. Captain Woodward, of the Atlanta, immediately came off, with a iW "1 I crew'to M,l,t in keeping the sinking vet j?l afloat Bailing gangs were organiied and aet to work but in vain ; the It ak gained with alarming rapidity It waa impossible to raiae steam auffleient to run ber on the i ? i?p were buiU t0 burn ,oft ?r bituminous 2? bunke^, wer? fllled wi?> hard or anthracite coal, the Government having no i.ther variety of coal at afeUk a mM '? *" ooua?m n? anthracite. At five o olock A. M. the water rose above the grate bara of the turnaoes, extinguishing tbe fires and putting an end to tbe working of the steam pump. The incoming water now gained perceptibly. Still the officers persevered Atdiin the water covered (be berth deck '/he orew^wfthZr l"gW. were then placed in the small boats and t.w .I U? Atl.nl. Tb, stood I?o (Jl od tb. d^ek ?h a n Dg uMt?r 3aker ?baodooed hia sinking charge' She finally sunk at half past seven o'cfock, about a foufth of a mile above tbe wreck of tbe CnmberlwKl V d?ily number of appl.oations to enlist as subatitutei in - .f*1! <We^Yw,k) ?l"l contiooM largely ? # L if den,*?d Th,> fact ensures a substitute, u ? ^ ? hwirs, to any person wisblog one, tor the b, >h*,P '"*? oEct. butlek'8 case in court. ? ? % Suit for the Pc^Lcry of Sixty Thousand Dollara in Gold Coin. From the New Yoik Evening Express ut November 30th. Court of Commoh Pleas ?Jud?i Cardoza Samuel Smith and Andrew Smith agmimet Benjamin F, Butler.?1 h i, it will be remembered, wu tie suit brought by two New Orleans bankers to recover back sixty thou saud dollars in gold, alleged to have been taken by force by Gen. Butler, and appropriated to his own use. Mr. John K Hackett, Id behalf of the defendant, now applied for an order under the aot of 1789 to remove the case to the Federal courts. This aot provides that where a suit is brought by a citizen of one btate egaiust a citizen ot another htate, the laiter should be at liberty to remove the cause into the Uuited States courts. 1 he counsel read the affidavit of Gtu. Butler, in which be sat forth that be was a resident of the btate of Massachusetts, and plaintiffs residents of this State ; that the suit was for more than five (tundred dollars, and came within the lan guage of the statute. Ex Judge Piekrepostopposed the application. As there is no law (he said) upon which this motion cm rest, and as it was directed by the defendant himself, I infer that it is made not for justice but for notoriety. 1 proposed to OeD. Butler, io writing, that be should select his owu oourt and his own oounsel, and that I would bring au ami cable suit in any tribunal of his own choice to determine the rights of this case. He declined my offer. The ac tion was thus commenced io this oourt, where I venture to predict it will be tried before twelve good and lawful men, whose verdict will be satisfactory to all who respect justice. The action is to recover damages, laid at one huudred and fifty thousand dollars, for a trespass committed by Qeu. Butler, in the spring of 1862, by entering the banking house of the plaintiff* and takiug away by fore* aome sixty thousand dollars in gold coin, belonging to the plaintiffs; and in appropriating fifly thousand dollars of that coin to his own use, which be has kept to this hour; and for ; breaking up and destroying the business of the plaintiff by thus forcibly depriving them of their large capital. The action was commenced in the usual way, and the Sheriff has attached the funds of Gen. Butler in this oity. Why the defendant seeks to remove the cause from this court does not appear, and we can imagine but two mo tives?delay or maturity. Gen Butler has had our money ever since May, 1862; we object to delay; if maturity is the motive, we will throw no obstacle in his way, simply remarking that we have known io our time instance where maturity had some little offsets to the intoxicating charms. Notwithstanding that our capable and ever dis creet fellow-citizen, Gen. Dix, was in C3mmand of this de partment, it will be remembered that Just before the elec tion Gen Butler made his grand entryjnto this city, and suc ceeded to admiration in keeping seventy-four Democrats from cutting each other's throats while they gave a majo rity of thirty eight thousand votes for McClellan! In ttiis magnificent achievement the General was entertained with ovations, flattering speeches, and untold adulations. The food was so spicy that it excited the appetite, and if you will look at the newspapers you will see that this suit was paraded with impudent effrontery and falsehood. The General departed lor Washington ou Sunday, November 16th, and on Thursday morning, under the head of tele graphic tews from Washington, appeared the following : From the Tribune. Ben. Butler's Gold.?The Copperhead attachment for Gen Butler's New Orleans gold -will have to penetrate the vau'ta ol the United States Treaeury before it will be forth comiag?every do lar being in the keeping of that depart ment. . From the Times. That Gold?Concerning the attachment applied for again*. Gen. Butler in New Yotk? on behalr ofth? partle? in New Orleans, io recover $60 OUU in gold seized by Gen. Bnt ler in that city, it is proper to sav that the gold referred to Is in the Trcasnrv of the Uui ed States, and that the plaintifl* must seek redress, If they feel aggrieved against the Govern- ( ment, and not against Gen. Butler. From the Herald, The Aitachmint Against Gin. Bitlib?The parties wiio have brought suit in New York aRttinet Gen. Butler for gold seized in New Orleans will fiud that It Is the Govern ment, and not the individual, they have a claim against. The gold in question was condemned by a military commic sion as the proceeds of the robbery of the Uuited States Mint in New Oi leans, and was accounted for ti the War Depart ment, in whoee custody it has since been. Gen Butler has at all times been ready to pay overthe money claimed when ever an order of the War Dtpartment should be piejerrted. How many other telegrame were sent to other Journals I am not advised, but it so happened that I followed Geu. Butler protty closely ou his visit to Washington, and ar rived there outhe very evening of the day when the above notices sppedfel. The next day I thought I would atcer taiu whether Mr. Smith would "have to penetrate the vaults of the United States Treasury before it will be forth coming?every dollar being in the keeping of that depart ment;*' and I found that the statement was wholly false, that not a dollar of this gold had been paid into the Treas ury, and that not a dollar of it was then or ever had been in possession ot the War Department. That the other statements in the telegrams are equally false will appear from the affidavits which I now read : Court or Commoh Pleas, for the City and Coukti" of New York: Samuel Smith and Andrew W? Smith against Benjamin F. Butler. City and County of New York, si : Samuel Smitn, one of the plaintifls above named, being duly sworn, on solemn oath, deposes and saysi That some twenty years ago he left the county of Bara toga, io this State, where tie was bom, and where his aged mother still resides, and went to New Orleans, with out auy means but youth and hope, to seek for better for tune. By severe economy, constant toil, and the unremit ting industry of long years, he and his brother Aadrew together succeeded in acquiring a considerable property, and they became extensively engaged in the business of private banking. The very nature of their business coo palled tbem to make oonstaDt advances of money ou South ern credits. When the war broke oat they were extended and it was not possible tor them to collect in their claims without much drlay. The State of Louisiana seceded; deponent opposed tiie secefsion, and qtiieiy remained to liquidate bis affairs, and save what he could. It is eacy for those who were ?afe in the North to talk bravely about their patriotism, and to bnast of what they would have done; but had such beeu whore we were they might have thought differently. Ou the 24 h of April, 1862, news came that Admiral Farragut Lad passed the lower Fotks. The greatest con sternation prevailed. All who had any money wished lo conceal it. The fear was of the wild mob and th* soldiery in case the city should be given up to pillage. Deponent bad about sixty thousand dollars in gold coin in bis safe which he had been collecting together and which he had hoped to save. In tbis frightful consternation deponent took $f4,Q00 of tbe gold coin and seoreted it in the air cells around the safe and left about $6 000 of his own in the safe, besides a small amount belonging to some of his cm tomers. Admiral Farragut's success lelt New Orleans at his mercy, and Gen. Butler entered the city o* tbe 1st of May and the rebel Soldiery fl id, and there was no pillage of the town. 1' orthwitb Gen. Sutler issued his proclama tion, dated May 1, 1802, and directed every man to return to his business, and promising the fullest protection, and expressed himself in these words : " All the rights of pro perty, of whatever kind, will be held inviolate, subject ouly to the laws of tbe United Stat -r. All the inhabitant* are enjoined to pursue their usual vocation* All shops and places of amusement are to be kept open in the accustom ed manner, and servioes are to be fceld jD the churches anl religious bouses as in times of profound peace." Deponent did not suppose that this solemn proclamation by a General of the United States was intended as a delu sion and a snare, and opened his banking bouse in the full eat confidence that the General would not violate' bis plighted faith. Tbe secreted coin could not be reached without tearing down a wall of masonry, and deponent being unwilling to excite notice by tearing down a heavy br.ck wall and withdrawing the coin, wben the city was in such a fearlul state, let I; remain for a few days to await I events. Gen. Butler toon began to examine into the afl'sir of bank*, banker*, and men supposed to have money ?for wbat public end no one could understand ; for what private eud many were made to know. On the 10th of May Gen. Batler ordered deponent to open hit safe, which he did; but the General ftcdingbut aix thousand dollars in ooin in the aafe, while deponent's bunds showed ?ixty thousand dollars in hand, demanded the -?onceal*d coin, which deponent refused to give up, telling Gen. Batler it was concealed, and the object of the concealment, but deolining to reveal the place where it was secreted. The General then ordered deponent to prison, and threatened to oonfine him in Fort J?ck?ou until he revealed the place of ooocealment. Deponent was powerless, without the protection of law, and at Ihe mprry of despotic force. Alter being imprisoned in the manner above described deponent revealed the place where his gold was secretod. Gen Butler tore down the masonry and carried off the flfty-focr thousand dollars in gold, besides the money 'n the sate, and alter a few daya he returned to deponent the aix thousand left in the sale, and four thousand dollars of the ooncealed ooin, keeping fifty thousand dollars ia gold,, which he has retained from deponent to this hour; the General then let deponent go, derpoiled of his hard earned property, and with his business broken np and destroyed) and now, when deponent seeks in a lawful way to obtain redress, he is met with the?? false telegrams from Wash* ingtoo j'be statement that " this gold wes condemned by a military oummisslon as the prooeeds of the robbery of the United States Mint at New Orleans" it withont a shadow of truth, ia atterly malicious, and is In every syllable baaely false. Kvery dollar of it belonged to the plaintiffs > It the proceeds of lone and patient toil; not a penny of it ever belonged to the Mint or to any Confederate State office or department thereof, and the mllitirv commission eo found, aod (he one who ordered that falseTslegrais Msut kbcw or uugia iv have kuowu it. Dejuueat uiskas this affidavit with a true copy oi thjJ commission and report tw fore iiiiu. That oommieaiju was compose!! ol three able and upright men?Governor Shipley, llou. Thu. J. Duraut, dud l)r. Meroer?and their report wu made iu Juue, 18ti2, and proves the shameless falsity of these slanderous tele gram*. D-ponent took the oath of tdleglauoe?the amnesty oath alio?and is a* true und loyal a man at he who by military force haa taken aw?7 deponent's property Deponent respectfully submits that this lalae charge about a copperhead attachment, and these false and slau den.us charge* that deponent's gold " is the proceeds of a robbery of the United States Mint," published in the new* papers through telegrams from Wsth'ngfon while Geo. Butler was there, and for the purpose of deeeiviog the pub lio and of prejudicing their mmds before the trial 01 (he cause, (which cau*e had been legitimately oommeuoed un der the order of this oourt) deserves the rebuke,and sever* eit condemnation of every Judge and right-thinking mau in this community. Deponent la not a citizen of the State of New York, KOi to hi-j brother, the co plaintiff, ?uch citizen, nor have eltbe* of them been citiiens or residents or voters in this State fur more than twenty years last past. Deponent has been here and in Washington often for the purpose of proiecnt ing this claim against Qeu Butler, and baa had temporary stjouru both here aud in Washington for that purpose 5 but be has not been at any time a resident in any other sense, nor io any seise known to the law, but is now, and always has been, a non-resident. And when his affidavit for this attachment was drawn, deponent expressly stated to his attorney that be was a non resident, aud had the affidavit drawn explicitly staling that deponent was a uon-resident, as will appear from tae original paper, now here in oourt. Deponent is informed by his attorney that the olerk, lb making a copy, mistook the word non for now, aud wrote " a now" resident instead of " a non" resident. The plaint fi'*, being both non-residents of the State, have given security aud commenced their action, and seised pro perty of tie defendant within thi* State and under the jurisdiction of this court, and have personally served Geo. Butler wihiu this city, aud they hive a right, as tbey ate informed, to try the cause belore the tribunal which issued the attachment, and tbey submit that the defendant has ne power to deprive them of that right, nor to oust this court of ifs jurisdiction. Sam. Smith. Sworn to this SJ9tb of November, 1864, before me. Fred. Smyth, Notary Public, New York. - Judge Pierbepont resumed: If the false telegrams about copperhead attachment and statements that this gold was the proceeds of a robbery of the Mint had not ap peared until Gen. Butter was in Washington, or if be had denied their truth ou his knowledge of their authorship, (to do which he baa had ample time,) this exposition would not have been made. I venture to suggest that this ory of "robbery" to divert attention prove* that the real rob* bery will not b> successful, and that in a community where the laws are administered it will 110t.be very safe to repeat it. Filty thousand in gold is a comfortable thing to have, and Geo. Butler hai k<pt it so long that he does cot like to give it up. There is nothing new in this re luctaLce to part Kith gold long kept. Olive and Hastings had the same feeling when they robbed the Princess in In dia. i would suggest to Gen. Butler that he hasten the tria^of this cause before the court and jury, and consent noTnore to try it by telegrams sent to the newspapers. We will keep him to au early trial, and until that trial comet off there will be a suspicion that all is not right; cur pec pie have a very direct common sense way of looking at things, and our Government is purged to know why Gen Butler haa kept this gold for two years and a half. If it belongs to the Mlut why hes he cot handed it over to the Mint or to the Tieasury 7 These are ugly questions whicb our inquisitive people will atk, and which our Government has always asked, Gen. Butler has fifty thousand dollars of Smith's gold, which Smith earned by the honest toil of years, brnltb was a poor boy, who many years ago went down to New Orleans to seek his fortune, and when the war broke out he was caught there with hia earnings, aud could not get away. lie is not a rebel; ha i? a true, loyal Northern man, and has suffered for his loyalty. Butler cau't keep this gold, ^lstice is often slow, but she is always sure I think the newspapers not a proper tribunal iu whioh to try a cause pending in court, but if the General insists on that mode ot trial ne shall be gratified. As Mr. Smith's counsel 1 have prepared tbis'cause, and I h.ve all the do cuments. They are in writing. Our people are, In the main, a just people, aud they get a right view of things In the long run. Tbey admit e smartness, and give full credit to ability iu public ineu; but tbey will want to know why Butler keeps tlut gold; wby he does not pay It over to the U nt or to the Treasury. Why h-? took It at all. Wby he has suffered these lying telegrams whioh were seut from Washington the < ther day wheu he was there to remain uncontradicted. Gen. Butter shall have a lair trial before the court and a jury of his country, and he shall have a lair trial belore tne public if he ooufts it; and if auy more faUe telegrams come from Washington stating " that this gold bus been paid into the Treasury, that this is a coppernead attachment, and that the gold is the pro ceeds of a robbeiy ol the United States Mint," they wilt be properly met and the courts will dispose of the like. Jndge Fierrepont held that this motion, as a matter of law, must be denied?the authorities are all dear upon this point; and he cited authorities to show that where an attaching plaintiff was a non resident, and the defendant was also a non-resident, the cauie oould not be removed, aid the act ol Congress did not apply Mr. Hackett said be surprised at the counsel's course. It was tetany out of order and without the rules of practice. They were not here to try tbe cause on its merits, but simply to m?kd an application which the law in bis opinion gave the deleudaut as a matter of courses When the merits of tbe case came up. and at the proper time and place, Gen. Butler woUld be prepared to meet the statements of counsel put in tbe affidavit of his olieuts, and answer all this tirade of lalse telegrams. There was nothing in the case except a pure naked question of law. Judge CakdoZa took the paper and reserved his deoi sion. TEifi SUIT AGAINST GE?. BUTLEB ? 1 - ?* Tbe Commercial Advertiser gi?es the following report of tbe proceediegs held La this oase la the Court of Com mon Pleat at New York, before Judge Cahdoza, on Moa day lait: Samuel Smith et at. rs< Benjamin F. This ia the case in which the piaintitf charged Qeo. Butler with le i Bg their banking house in New Orleans and appro printing to hit own use $60,(X<0 in gold. They obtained an attachment againat him, and the General'* Conaael moved to remove tbe cause to tbe United Statea Courts The following opinion and decision on the motion waa de ivert d thia morning: C'ahdoza, J.?The twelfth section of the aot of Con gress, > a*sed September 24, 1789, provided tbat " If a suit bo commenced in any State court agaioat ?n alien, or bj ? citizen of tbe Htate, in which the auit ia brought againat a citizen of another.State, It may, if it Involve more than five hundred dollar?, nod certain things be done by the d4 fondant, be removed to the United atates Court." The present motion ia based on that act, and as ita previsions are seldom invoked, it ia hot surprising that they are bat little understood and very generally miaapprebended. The proofa before m? establish that the plaintiffs are not cltt z*ns of thia State. i bey are citizfnt of Louisiana tempo rarily sojourning here. As, therefore, this suit ia brought againat a deleud&ut who is a resident of another State, and is not proaecoted by a citizen of tbia State, tbe case ia not within the atatute either in term or in apirit. Probably tbe object of the statute waa to guard againat the poaaibi lity or tbo auapicion of biaa In tbe state court in lavor of its own citizen againat a non resident, but no anob biaa oonld be presumed when tbe litigation waa between non reaidenta. '1 ho motion must be denied, with ten dollars costs to tb eplaintiff, to abide the event of the action FIVE THOUSAND LIVES LOST IN INDIA. Later accounts from the country districts in India which were desolated by tbe cyclone in October show that tbe loss of life was v<ry large?fivo thousand persons having probably perished. A Calcutta paper says: " Every day brings intelligence of fresh misfortunes. In one diatriot alone, (Diainoud Harbor,) and the country between it and Caloutta, it baa been computed that not !eaa than five tbouaand aoula have been drowned by the land flood of the atorm wnvea. Great exertions are made by tbe Calcutta community to organize a system of relief for tbe survivors oi this dreadful visitation. ? steamer bad beet, chartered to convey medicines, blankets, rice and water to the Diamond II. rbor district. " The following statement of the destrustionto life and landed property in tbo towu and suburbs of Caloatta la gleamd from reports submitted by tbe superintendents of the different divis.ons to toe deputy commissioner of police, Capt. keveley i Casualties?Natives killed, 41j ditto wounded, 12 J puckab housas ncoupod by natives damaged, 1.383t ditto destroyed, 18; katcha ditto de<> atroy.d; 69,4191 lturepeana klllled, B| dittj wounded, 6; ditto hcittaea damaged, 2, 2991 ditto destroyed, 99. " Tbe Llcutenaut Governor of Bengal was to leave Daijeerling ou tbe 16;b, for Calcutta, when it was hoped that do time wonld be loat in organizing a strong eatab Iissmtnt, p ac*d under effloient supeiviaion, for the re moval of tiie oaroasaes of men nod cattle, which are seat tered all over tt>e portions of the southern part of Caloatta visited by the gale ? and for tbe removal also of the dead coutamlnating ihe air on the bauks of the river and on Its waters. ?? Of the tbirtytwo Inland steamers and flat* at Caloatta, nineteen are complete wrecks, and tbe remaining thirteen ?eriously Ujated Of the thirty tag eteemfers, tea are oompletely destroyed, two verv seriously Injaiei, and the remaining eighteeu at Vfork as kaiore. Bncn a destruction of shipping property, we belUve, has never before beea equalled." - : The viotage in Spain ibis year, like those of France and Germany, is unusually hue, and the wine Is expected to b* equal t? that of 1968.