Newspaper of The New York Herald, March 4, 1858, Page 1

Newspaper of The New York Herald dated March 4, 1858 Page 1
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TH WHOLE NO. 7853. The Alleged Fraade in the Comptroller's Uffioe. Cws.Ur Dtilua of the Glamination of J. B< Siiilih oi d John Ftfmpatrlcli bofor* Um Ro*? ??*???F rMcnec ef C bancs Devlin, Jr.,and Jubt. A. f - wart?Attempt ofCawwl (or Um to Prevo Cvniplruy agaliut W mi and Cba rlcs Devlin, on Um part ' ymitntlwi, andercevor of Ulll pre' - ding, Ac. Tb awMtioi In the eu? of J. B. Smith end John ntipetrick, charged with embexxling from the OoinphroUer'a office, was continued yesterday before Reoorder Beiaard, at bia private office. There were few but inter?lad part es in attendance. ftnoi an Drrur, Jr., was first oafled for the proaecuttoa, and testified as follows?I have no particular oocu patioo, am not engaged in any business; I know John fiUaatrtck, hare known him as as I can recollect anybody ; be is net er relative of oars; I am the son of Mr Charles Devlin, sen., and am It veers of age; I have seen Kr. PtUpUrU k write, and know hie handwriting. Q. Look at that. [Vote afcown dated Nov, Tl, 1867, to Aba Kttcpa>.rtck, and endorsed by him, for $6,791 90.] la that eadorseasent in the handwriting of John Fittpatnck? A. 1 do sot thmk it is, sir. Q. Do yon knew whose it is? A I think it If written by my father. q Did yon soo him write it! A. No, sir, I did not see has write it. Q Did you ever heve that before in your bands? A. I do not think I have, sir. q Did you not deposit I'. in the Broadway Bank? A. I may have deposited it there. Q If yon did, from whom did yon get it? A. I could not say q Did yen have regular deposits there? A. I did, sir. Q. For whom? A My father, q Anybody else? A. 1 do not thick I did, sir. Q. Why do yon think that ia written by yonr father? A 0? account of the similarity to hie handwriting. U if the chock waa deposited Id the Broadway Bank, yn got It from your father? A I suppose I did, sir. Q Waa H ever returned to you? A. I do not think I f*?r bad it ta my hands before. Q Yea could state if you bad the ticket of depot it? A. Yea, air. Q If the ticket te la your haadwritiag, you could state? counsel for accused?I object Q Ooo'd you state, by aeetug the ticket of deposit, whether yr u deposited it or not? A. Yes, sir. Q rdo anybody else but you make deposits? A. Yes, Sir, there wm Mr. John Fleming too Q. Nobody else? A. 8omethues the messenger, Patrick Bevi'a, and he only made one deposit, he is no relation of tarn: 1 am not encaged in any way in the Street JommlH siecer'e < flic- . I know of no authority that my lather had te write Mr. Fitzpairiek's name on a warrant. Join A Htrwart waa next called by the prosecution, and testified as follows9?I am the rece ver of the Bowery Bask; was appointed on the 3d or 5U> of November; I do not recollect precisely. Q. At the time you were appointed Receiver did that bank hold an assignment of the assessment for paving Forty ninth street from Sixth to Eighth avenues? A. 1 sanest say, sir, wnetber it did or not. Q Have you received at soy time any orders of a court, sr papers purporting to be such orders, for the re assignment of that document to Filzpatrick or anybody else? A No. sir. Q Have yon found in the bsnk any book or memoranda shewing tbs spo'ial loans? A. Yes, sir. Oonrsm. mm tmuro?I object to this testimony until I know what it is intended for. Q. Have yon examined the books ? A. Yes, sir. OorsKii 1 or Acrs-rao?I object to the prosecution of this inquiry until I know how It is related to the case. The Rb<ordkh?I suppose it will be connected afterwards. Octksbl ron AorrsxD?But it does not carry any visible meanii g. Coc*?l vor the PansatTnoa?Of course not, the whole thing ib at present in??lble, sod I want to make It visible; w# m*v anew that theae two Kentlomen wasted money to par <)ebta, and at this tlnce wanted money. Odi mil roa Aocvkd?Whom do you mean by theee two gentle men r Corwwci roa Paniwcmow?! mean Mr. Smith and llr. rVioetrxrk, and to charge them with having needed thia money. Cot-inn roa Aotthed?Then it la to show that they were aeeetfltou* V Tet-tmony continued?Q. Have you brought the book? A. Na, air. Q. Any ab*tract? A. Ko,eir;Iwae not advised what taforaaat on waa anticipated, I merely revived a note requesting me to come here to be examined lor a fow mo- | Oochski roa Arc-rfom?Mr Cndy aent you the note? A. Taa, air. Cot'BKn roa Paoswmov?At my direction? Corneal roa Danctrn?Of courae be would not move wHhont your direction. On men roa PaoeacTnoa?Aa Devlin would not movo Without yours Witairw?I found no liook or memoranda that would give me the state of the cash Items at any time previous W my becoming the r. reiver. Ex ami van irthnm roa Aocrmm*?Q. Do yon know of Mr Oidy 'a Ttaitng your back for the purpose of esamtalng records? A. Yea, sir, he did on ono occasion. Q When? A. In November last Q What part? A. I think It waa somewhere about the latter part. Q. What waa his object? A. Thatfl do not know, air. Q What did be dtacloae to yon? A. He oame in com pany with the eounael for the proeecution. Q What did tbey do there? A. They looked over the dtecounl book. Q. Weil, what else* A. I think that" was all,sir. Q Waa ao motive disclosed by Mr. Cady for this visit? A. The motive was disclosed by the counsel tor the proee nuan. Curiam roa Paoanrrnov?Ask what it was. Coram roa tb? A error?1 have no doubt you took occasion to decorate it and make out what it was Probably Chdy would not have decorated It ao much. (I.vighter.) Q How king ware they there? A. Not to ex ved fifteen minute* Q Wae Mr. Devlin's name mentioned? A. It was, sir. Q Wsre they In pursuit of aoythiug afTeetlng him? Tun RmmiU'SK ruled out tbie question as Irrelevant. Oirvsai. ma A<rrsw>?This prosecution is really meant ! strike Mr. Iwvlin, and this means is taken for the purpose of getting him as a witness to state facts which onuld ?? * -*k - ?i?i?sH >?<< ?Kan Inenifia nrv.n Kim and I htv? a right to show that fact by this witne If I can. The RaooRDr*?Tb? evidence mult lie ronfinel to the Mala Issne. otherwb>e we will have a long examination pea collateral points. Corrai. ro* AnTnm>?I have a right to ?how that thta free+futidn m |?t uy ;,i*?t two soBunal person* for the purpose of getting at another party. The R*<< rt>*??Tliai quettion mart be rained when Mr. Dsv'in i* piopoeed to be sworn. Oorsrai so* Arrnwn?If we rbow that this la merely Intended to get Mr. Devlin Into difficulty, It la proper we hare Information as to the object of thta prosecution Oni Ten. eon Ihaawi i no*?You have no Information that ti correct. Oor-vun ro* Pmrrs*?It la correct, and I shall n?H allow Mr Devlin to be sworn, and shall advise him to re fbne to answer any questl ins here, to refuse to submit to lb la jurisdiction, en the ground that the javelin has been manufactured for htm and la Intended to strike him. And If I cannot satisfy your Honor In the examination of this witness, that there la some ulterior object than the one alleged ia this prosecution, I am mistaken. 1 shall allow Mr. Devlin to be imprisoned for refusing to answer, and abail bring him up on a habeas corpus to ascertain whether this prosecution can be onoductel In this way. The RsrouMta? I shall allow the question to save me. though I do not think it Is proper. Testimony continued?Q. Were they In pursuit of any thing affecting Mr. Devlin f Oopsswi ro* I una r*-now?What docs he know about What they were In pneult of ? Cnrssm run Dmwi?1 have a right to cram examine Mi witness in my own way If be don't know whatthey were In pursuit of, let him say so I do not want the Court and prosecuting counsel to find brains for the wttOnnorri ro* Pnnmrrno*?I object to the question as nine**?"Hie form of the question Is Improper Oorrat. ro* Darawcw?Tbeo I don't know bow to put a pwtr (jtimUoh Tbi Rjtoonon*?I have heard you put no many that I am Mmltoed to doubt that. Q. Did they Inquire for anything concerning Mr Devlin Ml The counsel for the prosecution informed me thai he wished to ascertain hew many of Fernando Wood 's notes had been discounted at the bank for Charles Devlin; be had previously called upon me in Wall street, and informed me that he whbed to Investigate the books for the purpose ef ascertaining that (bet, and I declined, not knowing whether it was proper to do so or not. neither of the gen tinmen being stockholder* of the bank Being subse fiently applied to by two stockholder* for permission to make tuoh an examination?the stockholders' name* were Mr Hartrand and Mr Healy?I consented Q Was It stated what the design was In looking for wntes connect*! with Mr wood or Mr. uevunr a. no *g What wm the object as ;W">d <*'J""1' A ' '!" Nnk that object wan staled I ^h'n,, V*T " VMM ourabv of Mr Wood * notes had been dtaoountsd g Wm it slated that any legal pro. ceding wan *>*cm plat iid. or that It wm dralgtted In lay the foundation for Hit A. No, air. _ u g. Wm nothing mated about suspicion Mr, Devlin or Mr. Wood, or wbat would legally affect olUior of hero' A Not to the beat ol my recollection it g. Aa yon understood It, did It concvn any HvlLobjarv Ofyma row PaotvtTTioa?I object to eon of huHTnder 1?<*? g. As you understood It, did It affect Mr Devlin or Mr Wood la a civil or criminal aenee. or both * Oorvssi wis l antmrmon?I object The Kanosnsa?Ylfo cannot bring out the understanding pf the witness. (lie saw wm IWM s I will show that UiM prosecution ^a been got up for the purpose of using it for *n? ulto rior object (Virion cos Pscswrvwui?I deny that, of my own knowIK vsm cow Dscrwnt?If I am correctly Infermed it may Mm ont that It Is. CnrasKL cos Pstswi inow?You are IncorrecUy infltrmwt* q Was any other or further object disclosed for this Wit of Mr. (lady and the counsel fhr prosecution to the tank tban the motive staled * A. To the best of my knowledge. *1r, no other ohjeck was died need. y pid these gentlemen know that the stockholder* had E NE _ I railed upon you on their behalf 1 A- Tb?y came together, air; it wae simultaneous; they all came withiu tiro minute* of each other; they were all there together, can t recollect which came first; the interview waa in the Bowery Bank building; that wee the second iitorview. Q Did either of the stockholder* or the two gentlemen state what tbeir object was in this inquiry and examination A They did not, sir, Q. What was It that satis Bed you of the propriety of this examination? A. The fact, sir, that any one of the stockholders desired an examination, or desired to hare an examination made. Q Was nothing said about any frauds connected with the city? A. No, sir. Q. Did cot you suupose that there was some other object than the mere examination of the books? Counsel son ProswiTiON?I object The Rrookdir?This is open to the same objection as the other. Q. Were not other Dime* mentioned In that conversation besides Mr Devlin's and Mr. Wood's? A. Yes, sir; in the examination of tbe discount book Coiksxi von Drfkncb (interrupting)?! object to any further answer. Cockrrl for Prosrcttio*?Let the witness tell the whole story. Question repeated. A. Yes, sir. Q. What name was that? A. J. B. Smith. Q. Were Mr. Devil* aod Mr. Wood connected with Mr. Smith in that conversation? A. Mr. Devlin's name waa, Mr. Wood's was cot Q. Wag anything said about the impropriety of having cotes of Mr Devlin's dwounted In that bank for Mr. Wood? A. 1 do not recoiled. Q. Was Mr. Devlin's name mentioned in connection with any criminal supposition? A. No, sir. Q Was Mr. Smith's? A. No, sir. Q Did you participate in the rxanrtnstkin? A. No, Rir, nothing further than in standing by the sido of the gentlemen. Q. Did these stock hollers stand by? A. I am not positive; I think Mr. Bartram did. q. Did you hear either of those stockholders disparage either Mr. Eevlm or Mr. Wood during that interview? A. 1 do not know. Q. Mr. Cady was there but this once? A. Only this opr? w Imif i ww pr?'??fuv. Witnmh?i would like to make an exp'anaUon u to the manner In which Mr. Smith's niune came up. In the course of the examination Mr Oody, In running hie eye down the book, saw tbe name of Mr. t-mith, in connection with a note discounted for Mr Devim, and he remarked "we know who he is," and made a note of it, and that was the only mention that was mode of Mr. Smith in the course of the whole investigation. Course. run PsorttmoN?That was in answer to my question "Who is J. B. Smith?" Wirans Yes, sir. Q. Was there a note discounted to Mr. Wood or Mr. Devlin for $6,000 which bad been paid, to your personal knowledge, or which Mr. Devlin or Mr. Wood had paid? Thk HKctjRPim ruled out the question as inadmissible. Course ror Drntnco?Was this just previous ?o the lost Mayoralty election? A. Yes, sir. The Investigation was here atjoarned to 12 M. to-day, subject to the engagements of the counsel for the defence. News Awn St. Tito mas OtTt BT. THOMAS COKRXSPONDKHCI. St. Thomas, Eob. 17,1868. Trade Report!?Suspension of Messrs Rityway, Ruhl <6 Go. ?Imprisonment <f John K. Ruhl?Hit Release?Letter <f the American Consul to the Court?Harbor full of Vestels ? Yellow fiver, Ac. The business of this island has boon knocked into a "cocked hat" by the recent failures in America and Europe. During past years all the funds used in the purchase of sugar, molasses and rum, at 1'orto Kico and Santa Cruz, was supplied by or through the merchants of St. Thomas. Now, want of confidence (an epidemic which has swept ever the world; has cloeod up all the old channels of commerce Bills of exchango cannot be negotiated as in former times?no merchant will draw, and there are no funds to purchase exchange with, wero bills thrown into the market. The great house of Ridgwty, Ruhl & Co., which did most of the American business here, has suspended. By the by, our commercial community was recently thrown into unusual excitement oy we imprisonment or Jonn r. Ruhl. the managing partner of this firm. THo Law of imprisonment for debt, a reli.: of barbarism, still exists in this colony, and Mr. Kuhl was arrested and impriaonel for nonpayment of a bill of exchange, accepted by bis bouse, for M,000. There was some illegality in the proceedings, and oar consul, Major Halm, who Is evor watchful of tbe rights of oar people, demanded bis release. As there was oeep interest manllested in tbe result of this success ful application, and as the history of this outrage will be interesting to many of your readers, I have obtained for you a copy of Major Helm's letter to the court, which does him great credit and is certainly an able production. Ths letter contains all the faots.aa well as the law, an 1 in fewer words than I could give them. ConnmartAi. Ar.sscv or the U. fl. or Ameeica, > Island or fcr. Thomas, Feb. 1, l&VL ) To the Honorable the Judoe (Kx Orricio huaairn or ths Court or Ht. Thosas Sir?By the laws of the I'nlted States of America, and my lrstrucUoaa from the proper department of government, I am directed 10 countenance and protect all American eiurens before the au'borlUea of this tainod In cases In which I may deem them Injured or oppressed. 1 here/ore. I claim the right, Rt I feel It a duty, to ask the release of John K. Kuhl, an Americas citizen, detained la your prison contrary 10 your lawa Tbe facts are aa follows ? Meiers. C-ahasa A Co., of Mayague/., Porto Rico, drew a bill of exchange on Meters. Ridgway, Ruhl A Co., or this Island, In favor 1 I their agent here P. A. Mestre. at thirty days sight, fortb.OtW. and Mesars. Kldgway. Kahl A Co. became the accommodation acceptors. The bill was sold, by Mestre 10 11 C. I.undt A Co. Cabasa A Co. and Mestre failed to furnish tbe funds to protect tbe bill, and Mrsars Ridgway. Ruhl A Co , before tbe maturity of the bill, became embarrassed and aui pended payment, Mestre's passport was stopped, and on the fad day of January, John K. Kuhl. of the Arm of Ridgway, Ruhl A Co., au American citlien. though burgher of ihla Island, was. at the uuUadcc of 11. C. Lundt arrested and Incarcerated In your prison, where he still remains, without any other legal proceedings having been Instituted. ft Is not my wish or intention to question your right to allow tbe arrest, nor do I Intend to claim for Mr. Ruhl any privilege whlrh It not by your law guaranteed to Cantab subjects re aldeut here, though I do claim aud insist that under sad by Virtue of his "burgher's brief," while he does not lose his citizenship or right to American protection, he la placet on a footing In all resoeets with tout own merchauta subjects of Denmark; and snail proceed to show that hy the Danish law he is wrongfully and Illegally detained In prison, and that Ihla court Is bound to discharge him. One singular feature In the royal o rd Inance or law under which Ibis arrest was made Is, that the arrest and imprison ment ta one distinct proceeding, sad severed from the legal proceedings by whlrh the creditor seeks to recover Judgment on his bill of exchange. In justification of tbe arrest. Another Is that tbe hbrrttt or Judge shall not require any security from the creditor previous to thearr?si. and an<> h* r whe n explains and moditVa the seeming severity of the arrest with out security. Is. that legal proceedings must be followed up Immediately after the arrest. set s The validity of the rlslm Is not sad cannot be legally known until your Honor shall render Judgment In an ac ion brought on the bill ot exchange. This oannot be done because "legal proceedings" were not and have not been Instituted aa oon temrlaiedby ibei'aiutr. and the defendant has now been in prison ten days, to his great Injury, to the very serious Injury of Messrs Ridgway. Kohl A < 0., and of all the other credit ore, and dearly, If the plaintiff has a right, under this statute, to keep him tn prison ten days or even ten hour* after the first eourl, whlrh we are advised was held on the 2&th ultimo, without commencing hia "legal astlon," he certainly has the right to keep htm in prison ten years without seek Ing Judgment on his claim, and such an Idea Is revoljng to civilization, and not to be entertained for a moment. I have assumed that "legal proceedings" have not been InsUtuted. this could have been eefab listed by the certificate of tbe two roueables (or clterere) kept In the court aa witnesses, but who. as we are Informed, onder the order of your Honor, declined to give a certificate oil lb* guhject. bowevar It U I Tact known to the Court that n<> riiatton haa bi?n rniwl. and a fart which tha Court la bound offlctnljy to notice. therefor* I will not dwell on thla point but refer to the record* of the court for the proof. But, why haa U C. I.nndt, the plaintiff, not < ommeneed "legal proceeding*" Immediately after the "arraatr' I?t u* get at the motive of thla anomalous proceeding, for It la not to be preaiimed for a moment that H (' l.uodt. the plaintiff, la Ignorant of the law of "aireal" and "attachment." The (Tin aection of tha atatnte aaya ?" A person aubjact to the law on bill* of eichnngr, not belnf able to pay on demand, ahall. If hia creditor for tao bill require It. be Immediately arcuated. aa well aa hta property attached" Now, It I* well known that Meeara. Rldgway, Ruhl A Co. are endoraern and aoeeptora for n very large amount on Mil* of exchange under pro<eat. and that by your law* all the other creditor* have a right to ootne In and a hare pro mta immediately upon the attachment being leaned, by placing the affair In the IleaUng Court, and that they were ready to do an. to prevent the plain tiff. 11. C l.undt, from gelling an advantage of them The plaintiff could not. howreer, underatand or apnreetate the tact that the hnown Integrity of rnrh member of the firm of Rtdgwny, Huh] A Co. would prompt them, even at the expena* of their liberty, to aurrender their affair* to thla Dealing (or bnnhrupi) Court, anoner than alee a preference to one creditor o**r another; hence the "arrest" of Ruhl and the Intentional failure to InatRute "legal procredlngg." under the belief that thla tmprlarmment would force Ruhl to pay thla debt, to tha Injury of other creditor*, or In the hope that tone one of Ruhl many friend* would come forward and pay the m iry a* the price of hta releaae, thla alaeetplalna the motlee In citing the defendant to appear at the ' Reconciling Court." (a Court without the power of adjudication, ilnataad of the proper tribunal. a a a a Thla Conii haa allowed the "errret," which by the law your llooor waa hound to do. but the failure to Jualify the "arreat" bv legal proceeding*, aa required by law, for the motive which I* ao apparent, will he vtatted by your Honor by the <11 rhargrof the prisoner which we conceive you are bound to da. tinder the law. and have no doubt your Honor will, at lite proper time, award gnnh damage to the Injured partle* aa will leach the plaintiff that falea. illegal and raaltrtoua tmprl armmett la not allowed with Impunity by your law*. even though the arreat waa legaJ. OHARLRN J. IIRI.M, United State* Commercial Agent. Mr. Ruhl W now at liberty and actively engaged lib arranging the affair* of hit bouaa, and It la believed, and earnestly hoped, Utal In a very faw month* tht* old and reportable flrtn will rpernor bualnea* and payment, an there ha* been no Ion* of aonfldenoe In th*ir Integrity. Onr harbor haa hern full of rctwela for the last two menth* tn eearvii of freight*; aortic hundred and llftr venaoh> have left without charier*, eomrafcirty five *IU hang on, but there la little hope of their gmRng anything to do; anil the yellow fever?that Went India aoourm?ha* made decent uton u* some lis or right week* ear her tRI* aeaeon limn naual. There hue* been aorne al* deotha from black remit In the pant week, and there are now aotne twenty ttro oaaoa In boepttal and Warding boniea. Naval Intelligence. The ?l<wp of war Vaii'lalia, from I'ortamouth N H . Tor the Parilli . te aald to have made the run to Km .lanelro in thirty one day? and four bmira from am borate to anchor ago, which la the ahorteat ever made between thoae two i>orte Phe reached latitude two degreee P. and longitude 2d W in twenty-one dayc?an avtraordtnary run We hare before atated that the Vandalia left Rio Janeiro on the 11th of January for Valparaleo Lieutenant George H. Cooper haa been ordered to the United Hta??<a dramrr Colorado, at the Goaport Nary Yard, W YC MORNING EDITION?Til muirauii^ irani nanio uonungo. THS BABZ PARTY KKDfCBD TO THB LA*T HTR1ITS POSITION OP HIS FORCB8 AT SAN DOMINGO CITY AMI HAMANA?WANT OP HHOVIRIONH MINSK AL 1'AL MADTIKB AT POINT OP DBATH?NA V Al, NKWR -OBR BAN IBBIUHA NTS DYING OP HUN6IK, BTv'. By tbe schooner Brontes, from Puerto I'.Atto, we have received flies of the Gacrta O/UuU of the Iiominicm re public to the 31el of January, sod a letter from our car respondent at 8t. Jago de km Cabelier js, the prov-swaa! seat of government. Of It DOMINICAN 00RRB8P0NDENCB. nr. J aim), Jan 10,18M. Return cf our Exiled OnrrtrjtondnU?J'o*ition of the <bn tending artxre? Mrmstion of the Sao Conditutton? Jlnpet of Recognition by Mjreign QooemmenU? War Vault Fitting Out?lrade, de , de. Tt in a loi f> time eiace I bad the pleasure to address you, but tt ban been owing to tbe political affairs of thla country ; la consequence of wbich I have been an exile, travelling In Curracoa and Turks' Islands. But now that I am settled again, you will receive my letters as regularly as before. Kncloead you will and a tile of tbe 'Official Gcuette, by which yon will perceive that Beez is confined to tbe old city of San Do-ntngo, and that the gallant and good patriot, Han tana, la at the head of a large army, besieging said city, where foreign provisions are very scarce, anl none at all of tbe dimes tic. Besides, Beez Is tn a very hopeless position, having but very fow soldiers, and those deserUng almost dally, three by three and five by five, and sometimes in larger numbers. The representatives appointed to revise the constitution by the different conventions of all the counties of the repub ic, met on the 7th of December lost, at Moca, a small village twelve miles from this city, in order to make a new constitution, wblcb Is already drawn up, and now In the printing office. Tbe debates will begin In a fow days, and there Is every reason to expect that the new political basis of this unf irtunate country will be very liberal, tbe penalty of death for political faults being forever abaiiahed, religious tolerance being established, har monizing the democratic principles with the strength of the executive power, and granting several advantages to foreigners; not only to these belonging to friendly nations, but to the citisens and subjects of tne countries at peace with the republic We entenaln the hope that as soon as the new authorities or powers of the State be regularly established, all tbe nations which bsve representatives in this country will recognise our new government, such a course being consonant with international practice, not foreeUinir thai the wtll of the people, particularly in the republics, is the true sovereign; ud ihal the whole population of this coun try having raked against Baez and hie minims, haa reason to expect from every civilized nation that their new rulers be recognized by them as the true and legitimate magistrates. We have now five good sailing vessels of our own fitting for war at Puerto Plata, and will shortly go to sea In order to capture the three small ones that Baez has on the waters of Samana. Provisions of every description are very abundant here, and business goea straight and lively, the tobarno crop having been a very large one this year. [Translated for the Nrw York Hkhald from la Gaceti Ofieial of Santiago de Ion Jaballeros, Jan 17.1 The faota which the Generals commanding the besieging armies of St. Domingo aud Samana. wi<h all Ihsir details, have officially communicated to the govtrnment. as well as the leper* written by private persons from the first of these two places, both to us and to other persons, fall; confirm our prediction, that within a very short tlmff, one or the other of these cities will be surrendered. Such'is t!>? Inference naturally drawn from tbo relation given to Generff1 Dido on the 6th Inst, by the Axutns, who at that date inserted from the old capital, and amongst whom, we see *ilb satisfaction, was tbo valiant Captain Baldomero Vic tonne. According to that account, Baex prohibited that the condition which Samaoa at present is in be spo ken of at St. Domingo, the best proof that tho brsve Generals at the bead of the army besieging thai peninsula, cannot be taxed with eiiggcral.Dg the rep >rta they addressed to our government of the victorif obtained by them over the troops of Palmactier. No other reason can be assigned for this extraordinary prohlb tion. Inconsequence of the oftl;;al communications, .n which the commando* In chief of the rebels at Sam ana reports tbe repeated defeats our valiant troops caugtJtobim, Bscz came to the conviction that the surrender or capture by force of that place is inevitable. It is for this reason that he in advance imposed silence with regard to the war which Generals I'utllo and Mella are carrying en against l'aimanlier, In order thsl when victory crowns our iruupn oooouy nmy kura ui n or of iMioniBiica ai uu silence on that point, Baez. having In adv-uice put curt into tho mouth r.f the citizens and MMplHi MM new* he ui reroiving from Ham&na. But One is not the only reason wh. b eonflrms tu in out conviction relative to tho Hpcedy termination of tho ox ceptional state of tbmga wherein the country finds :t?r;f As our readers will learn from tne oommunnation ad dressed by Gen. Bldo, under date of the 7th (net. to th? provisional government, the disaffection amongst tne peo pie of 81. Domingo, and more particularly amongst the small force fif troope Baez has under his command in that city, Is going on increasing. When the Azuaaa left that city there were but eight bend of rattle, a number not sufficient to provide the entire population of *-t Domingo with meat, which Is also wanted by the inhabitants of Han Car las and Pgjnrtto. who, unfortnnately fop them, since the end ol July, find themsei. ? confined within the old capl tal, and the troope of the garrison, who, although small ia number, nrnst have thetr part of the provisions The stock of hogs reported by the deserters of MM W0 last for about two weeks; but will the poor he sble to buy this meat at a cost of fus the pound * This is impossible. Besides, the great m^ irlty of the population, and of the inhabitants of the fwo localities above mentioned, are composed of very poor people, who live partly by their labor (and to Jay they did not find any) and others on their small farms which they at preaent are not allowed even to visit As to the cocoa nuts, what kind of food ran they get ont of them* Wo do not see that they ran be of any other use than to furnish them with sweetmeats or a reruns quantity of oil. To the above must be added those military person* who, as accomplices of Uacs, are very much friglitooed at the idea that our flotilla might cut off thslr retreat. Poor cowards they are. Their conscience warns them that the day of expiation for their numberless villainies Is eloie at hand, an i that It must take place In a just proportion with tho evils they Inflicted on their country. What is still worse, of the three war ships sent by Baez to Hamana be has not had any news, although over two months have elapsed since the first two left SI Domingo and one month sine* the last of them sailed. Thus Baez has at present no ship left at his disposal, since those three were the only vessels he had They are named H I.ibertador, 1st Australia and El Cirus, Hlfide Mario having been delivered up to the provisional go vcrnment by her commander, and Ia Mercs<1 having been sunk eomo two months and a half since by the well directed balls of the besieging army before l^arfto As regards Sarnana, the position in which the deluded soldiers who form the battalion under the command of the rebel Palmaclier find themselves, Is not any beUer. According to ths report of the German imm.grrvpt alluded to by the commander of Puerto Plata in his despatch of the 12th Inst. Palaantirr was so seriot:?ly 111 when the former left that place that be was not even able to speak, and there is no doubt but that the population of that peninsula find themselves In a very bad situation as far as provisions are concerned, a chicken tx iag gold for five pesos, as Is stated by the seme individual. This latter, with whose misfortunes we sincerely sym pa'.hire, sdds that of his companions immigrants like him self, eight died In 8t. Domingo and six in Semens, one of sickness and the others by famine. The unfortunates' In September last, two or three of them had aaked from General Sanlsua permission to work In the fields agreeably te the contract on the stipulation of which they had left the shores of Prance, the llbertodor gave them the per mission, and kept even for some days In the nrigborhood of St Domingo, a drove of beasts ready, with which be Intended to send them to the provisional government, to he provided by the latter with land, and to be established th?reon. Why have thev not accepted the benevolent offer of General Hantaan ? Nobody knows. It In much to be wondered|nt that the French Consul In 8t. Domingo, under whose protection those unfortunates had been in that city, did not take the necessary measures to prevrnt them from |>er1ahing by hunger. Personal Intelligence. Judge novrdcr, our new Commissioner te the Hnadwtch Islands, is In town and stopping at the St Nicholas Wr understand that he leaven tomorrow In the Monee Taylor f/v. isvUnwall am snsJs fno IIsMtnltilii Admiral Format), wboaa moramenta no the want count Of Maxtco hare made him wall known, la la town. Ha came from Vara Oral to New Orleans with President ttv monfort. The ntatomenta la aaTeral of the papara that ha la la thla country to obtain man aad money for Ounernl Oomoafort, ba aaauraa ua, la eat.rely incorrect He ii here on no each miaalon. Ua belong- to the liberal party of Mexloo and hopea for the moral auppurt of thla country for that party. nothing mora. UVTttA From Port an Plaits. In eehooaer Brontee?fl W t<oU. I Hcrpt. M Rotan, Mr MarirewaeJ, Capt Turner, late ot arbooner faro Amrll*. raraimraa. For fbarteateo. In tteamehlp .ltn?a Adyer- Mian J Orle wold, Mr Frllnwe, Alni MtQor, R Rohtnemi, ('apt .1 II Moore, ran. J (1 M-fnnley. ifn* Prime. Mine M H Prime. Mlea (1 Prima, R C Root and lady, Al< t Rlehardnom, Mine Clark. Mlae 8 C Banter. Mrs J T 1-ord. F K Hyde, R Hrde. A Werberg. Mr Hertmann, Mr Prince, Mr Decking, and 10 hi the nteerWge. For Norfolk, An, In etramahlp Roanoke?Wm Whde. fit Ism herd. Wm I) Ki unetly.'iA w Hornier, Titiw Hart, Mre .1 Allen. fnl<a C Parle. rTViherty, R Martlnean, Mre M Powell, C W Iwtnenfeldt and family, 8 H Btaneberrr. Ralph lanreace, Mre F bmith, J W Moore, and 41 In the aieerage. Court Calendar?Tit la Day. Rrrww Onrw?Circuit?Non. 16, 11#, tat, MP, Ml 219, MP, W2, 294, 294, 296, 297 , 8W, 801,102,80:1,304 801, 300, ;,0T. I'errmi show Pmnurr Oorwr?Noa 90,138, 82, 484, 49 T. M, #4 74, 7# Rrmuon Onrrr ?Not 288, 840, 380, 381. 493. 518, 478 102, 589, f.91,698 ( 97,815 547, 449, 498, 4|5, 87, M, 222 DflP, 48, 472, 504 184.(24 .134 481, 474, 5?, 280 Unenron Ptjuo?Part l_Noa 474,444.485,488,110 510 144, 540, 541. 542, 543, 545, 448, 647, 548 Part A?Noa 547 to and Including 539, 438 IEK E URSDAY, MARCH 4, 1858. TIIE DEBATE OV THE ARMY BILL. PBBVIBJONS OF THF ORIGIN AL BILL Opposition of Sciav^ra Toimbs, Hale,

Fewfcnd n, Foster, &c. V3TES ON THE AMEN0M?NTS AND SUBSTI'UTES. ?- Final Vote and Defeat of tin* Bill, Ac., to.. Ac. i The bill reported to the Senile by tho Committee no Military Affairs, tor Id creating the arm), c.mi up for debate in thai body ng Tueeday, January 24, 1851. The debate upeo tho queetion waa in many ways a remark able one, and lie result, in the defeat of the bill, of tae moat momentous character. The bill waa an a-iministm Uon one, and naked lor nothing more thou la absolutely needed la the present exigency, with a portion of the United 9Utee Territory in open rebellion. Yet most incongruous combination wax formed to defeat it All tbn New England Seqgtta were to a man opposed to it, on tbo ahallow pretext that the President demanded an increase of the army for the purpose of reducing Kansas to submission to the slave power. The Southern ultra Ore eaters, of small calibre, aleo opposed it. So did many of the Western Senators. But, strange to say, William B. Seward of New York, Hunter of Georgia, and Jefferson Davis of Mississippi, were found on the same side, strenuously advocating an administration measure giving greater power to the Executive. The debate, on the whole, was one of the meet interesting which has occurred In the Senate for many a day, as will be seon from the subjoined sketch of It. The bill provides for the increase of the military estab lisbment of the United States to tbo extent of about four thousand men. The following are its provisions: ? The first section proposes to sdd to escb of the regiments of dragoons cavury, infantry, and of mounted rUI-men, two companies, to be organized in the same manner ax the com panics now composing these arms, rsspeetlvsly ,aad tore cetve the same pay and allowances, ana to he entitled to the same provisions snd benefits in every respect, as arc autho rizei by the eilstlng laws They are to be subject to the rules and articles of wsr. snd the enlisted mm are to he recruited in the same manner as other troops, with ihe same conditions and I'mttaUoni The second section authorizes ihe President of the United Stales u? increase the number of privates in each of the no in panlesof thearmvservtugin the field, or at remote and frontier stations, loany number not exceeding ninety six this increase , to he by enfls'mrnt, and the soldier to be on the same looting, | in all respects, as other soldiers of the army The bill further provides for the addition to the medical department of the army of such number of assistant surgeons, 1 no< exceeding fifteen, ssln the judgment of Ihe Presi lent may be required by the wants of the service, the officers so added to he appointed in the same manner, and to be, In all respects, on the same fooling as the officers of that corps now authorized i bylaw. Hereafter the hill provides that regular promotions to vacancies occurring in the regimental grades of commia 1 stoned officers of the United States Army are to be by regi lated and provided In certain cue*. Mr. Tooniw, (dem ) ef tia., broke ground in the debate by opposing tbe first section of the bill. He asked the chairman of the Committee on Military Affaire what aldi tioo the Orel and second tectionn of the bill would make to the number* of tbe army? Ard the chairman (\Lr. liaeie) explained that iht first section would add. thirty companies, and the second lection, with the first, will in ereaae tbe army by near six thousand men. Mr Rioiuh then moved to strike out the first section. He thought thai the increase made by the seconl secti* would bo tufflcienL We have already an army of about eighteen thousand men. The second section of tbe bill would increase it to about twenty thrte thousand. Ho was not informed of any necessity for an increase beyond this number An to the Mormon war. it was uot a fact yet; it does tot exist. Congress, said Mr. Toombs, wbich alone has the power to make war, has not spoken; and It is very certain, unions our oountry has undergone a silent revolution, that tbe President cannot make that war. It is very oertain that ud 1 leu the Sonate and House of Representatives intend to go on in the downward path of vesting all the powers of 1 government confided to the legislative do|>artment m tno ' Executive, this war does not exist in contemplation of law. If It be the intent sttnQly in time of peace, with an ex ha us ted treasury, w itbout the pretence of Indian war, now to increase the army to twenty six or twenty seven thousand men, I am opposed to it, and shall oppose it in all it stages. If It be for the purpose as I again repeat, of car ' rylng on tbe Mormon war, twentv two thousand men will be eoeugb. four regiments will be enough. The fbrco of lirigham Young is magnified merely tor tbe pur pose of gelling regimes!* in manv quarter*. Tbe same story has been told to Congress, I think, three or rour limes since I have been a member of tbe public councila. They came at the opening ef She seaaton two or three years ago, and said, " We are goiog to have an Indian war along the frontier " Stories were manufactured in the newspapers, and tbey came to Congress and gut the regiments, and when they got the regiment*, we had peace instantly. The regiments, when onse mustered, are not to be gotten rid of; they are permanent officers, fastened on the eommutity until we have a revolution. There is nothing in tho time*, sir; there ia nothing in tbe condition of our coutry; mere ts nothing In Its finances, there la nothing in those distract ing questions which now agitata It, and I sea nothing in the luture which makes It either wise or prudent for the American Senate and House of r.eoreeentativea to enlarge the military foroes of tbe United State* A republican government sbou'd roat upon and bo defended by the people, and wnes they are unwilling or unfit to defend it, tho sooner they get a master the better Mr. Davis repued to Mr. Tootnba. He adimuud that the theory of our peace establishment was that or a small army, to lie Increased as exigencies demanded, to have a skeleton army in peace, to be filled in time of war. Ho thought It would bo the best method to add two companies to each regiment, making the number twelve. Tbe Mormon Wgr is not me motive for ibis proposed measure. It is true there ia no war now with the Mormons. He understood that the advance of the troops towards Halt lake was for the purpose of pro tor ting our omcer* entrusted wiid too execution ot me law*. The proposal to call oul the mil Ilia, to ensure the execution of the law* la Utah, U absurd. No one can rerlousiy defend it Poubtleae the Indian* there are In a disturbed oonditloo Emigration at thia time t* dangerous It will be a happy event If the tending of troop* there hall have the elfoct of enforcing the execution of the law* itad of suppressing the hostilities of the Indiana Poubtlem these Indian* have been unfavorably affected by the character of the *ettl*r* there. largo losses were conetaatlv occurring on our frontier*, nod there were continual application* to the government for remuneration, until we had become, In fact, insurer* I hope, therefore, (continued Mr Davis,) that the first section of thi* bill will not be stricken out. I believe that It will render the army more efficient I believe that when no hoetllitlea exist, when do aeoeeetty for actual operation* shall require the mm pan lee to be filled up to the large standard proposed,by reducing them to fifty two we shall have a skeleton or peace eetablehrasnt belter suite I to the purpose* of our government In time of war. I believe, also, that this will furnish u* n convenient or ganixation whenever we shall think proper to adopt it; making three battalions to each regiment, having two in actual service, and the third baUtiiou disbanded when there shall be no neoeaalty for It, but called into service a* regular, volunteer or mllttia troops, and added te the two battalions which constitute the permanent regiment. These are my principal reaaooi for proposing the add Hum of two rompanic* to each regiment, and three are the oon sideratioua for which I Insist an Its not being stricken out. Mr. Hnmm, (dem) of Vs., said that If the difficulties In I'tab were the caoae of this measure, be thought there ought to be a provision for disbanding them, when the difficulties were settled The law of 1880 already allowed the ITeetdeut to keep np the companies to the number of seventy four. What need of an increase beyond Una * There la no more ground of apprehension from the Indian* than there has been heretofore We have, besides, en lered into an expensive system with regard to them, nod they were constantly diminishing in numbers. He thought Mr. Perls" bill was the best one that could be introduced for the purpose of Increasing the army, and said he would vote for H If the clause he alluded to was Inserted. Mr Hath. (nigger worshipper) New Hampshire, stated that the military servtoe last year was 138.000,000, or 1800,000 beyond the appropriation The expenditure of the country at the most expensive year of the revolution, wss bnt $34,000,000. When he (Mr. H.) came into Congress, the army oast ua about $1,000 par man Now, it la $1,806 There la no retreat, no back track, in matters of expenditure He argued thai our army wse increasing to an extent that may be dangsroue. Pretext* will not be wanting to use the military, to the danger of the civil Interests of the country. Rut Mr. Hale exhibited the true asinui of the New England nigger worshipper when be said? What does th% I "resident want with this array* lot me reed a note that given definite and official information in regard to same matters about which some remarks bsre bee n made. I read from (ho hurt army mutator, oa Uie forty aocond page :? Ft the act of .Inne 17, MM, "lo tnereaae the rank and ftle 1 ofineanny," Ac, auction aucoud. the Preaideui n authorised. whenerer the eitgenetee of the enrrter re^rr It, la in1 rreaee loaetenly four ihe number of prtratea in any enm Rany ' aerrtng at the aereral mlfttary poata <*i the Weatern -.-n'ter, and at remote and d latent alationa'' In the UbK the minimum or tied organization la glmn, nt , fifty pel vatee lo a company of drngoone ality fmir to a company of 1 light artillery and riflemen, mid forty two to the artillery and infantry I'nder ibt authority me-ed in him, the Praaldral hag directed I ha I the niimhar of prlratoa he earrlrd up hi aerrnty four in thneerernl rompanlea eer*1ng in the p?nin aula of Florida and on the laiaada adjacent to M, la Kenaaa. Hetraaka. I'teh.JTetaa, Hew Mellon, California. (tregon and Washington Terrttnrtee. aa well aa In Ifenac itatlooed at Potta Knelling and Ripley, on the upper Wtaelaaippi. Port Fidgety, on the Mlnn-rota rlrer; and Port Arhnrkle, on Wild llorea creak There being one hundred and iiuthiythree rompanlea aerrtng at, or In the route to, the?e dT?unt tatlona. the author red Inereaee In the number of prlraiea ie Ave thouaand two huodieil and twenty eight making the total rnlialrd" lae the Ironoa atre now poaied, or ru ,n?f aevenleen tbonaand mid ality alt. and the "*ggrr*?te" eighteen thouaand one hundred and fifty one If al the rompanlea belonging to regltn- nta" (one hundred and nineIj right; were aerrlng nt the due ant elatlor.a dencrlbrd, ihA [ERA ddPton* I nfmber of privates allowed waukl Ih. n h<* IIt? ih.'usmd ?li hundred ?nd slily-four, ibus lin rcsHmg the " tola! eDlisted" toMventer tbon?r ! *v < hundred wo, sod no segregate '.to ei| -- hundred ?ixi eight *f. D t ,?" , <m > r?i rg to ti .v ?l> > i" ' ? m actually an a iii> i>( ig i??u itm ?suii met I 'i^?n * utile highec a' i w? lit t. > I Itlng lo he Ihi *! uri m k? d, 'i ' * u ii ' <i ''victionof m*. I.' erSWlM'llif , ft l?S-K> I ?lln n > '? ?i llTK of ll>y t? ive Mate Imcilhd en the fi'?t ? i-f 'Ion'.h"> ever wro't- ire ?hic". I bone in 1od, *n| f. ui<iii ni uog ?i wc fat P constitutum? Oendiog *r.i, ee ere dan {IN u lolihirtv. lull VOU .tp, Itm> nr, a my of eight .anil, i.pnicmro or twe ty n? <n usani men. a* this hill p*o?v Iff to o >kf n i*ii n? rn-e"SOi transportation w Df rapr its of ligblnina by means of railroad* from 11 .ni i'i the i ritnfrj lo the otbej^ M a fort* equal to 4 * It would h. ve hi en tn olden timrc if we had one or i*u hundred lb our and men. rbn President can, if be pleases, cooe?ttra?e ihematany point, at any morannt, and for any pur;use I do not know bow it m but the aw bar been construed that three armlet are called, I be lt< , a poese, and under the name of a posse be can transport tbi m to anv plane tor any purpose he chooses. It la a significant :act te my mind that no has under taken to play powum with them at elections. Not long ago there was a call nuule to bare a portico of hie posse go te Baltimore and aer that the elections were regularly carried on there. I be teve, however, it was not thought prndert for them to go, and they did not go; but be did have a posee in tbo city ot Wtt'hli'gten lo carry on tin election, and no small p< rtion of this torce?this posse?has been employed, and is now being employed to illurtrale " perfect freedom" and " popular sovereignty" m Kansas. I have an official table before me, by which I find that in the Bret quarter of lb6b, three hundred and twenty one men were con i id< r< d sufficient to carry out popular sovereignty in Kan sas The next quarter they went up to nine hundred and twelve, and the tirst quarter of I KM we had got up to one thousand and eighty six men to carry out popular sove rrigui/ iu animw, wiu trsvnuiQ (nwvic tunicui wi iov? / 1 free." then we come to the drat quarter of 1951, and at that time " perfect freedom" required a force of one thou and three hundred and forty-two men tn Korean. They o continued until the commencement of tho fourth quarter of 1867. which I suppose woh about the 1st of October lent. At that time there had been an el?5Uou in Kansas; and the people of Kanaaa had manifested what their ideas were of popular sovereignty and perfect freedom by pattltg tbe President's forces into a very small minority. and electing a free State Legislature, and a free State Delegate to Congress, by an overwhelming majority, and immediately upon that tho federal army is raised fum one thousand six hundrea and seventy three to two thou.-snd five hundrea and sixteen men in Kansas. That is what the President needs this army for?to carry out popular sovereignty " and "perfect freedom " 1 think a force ol eighteen thousand men is qnite enough to do that; and 1 think that $26,000,Of 0, In a timo of profound peace, ie enough to spend upon an army in this country, particularly as long as we have to borrow tbe money to do it with. Borrowing money in order to raise men for such a purpose I am utterly opposed to. I beiieve that if Mere is a difficulty In Utah, the army i? three times Large enough to attend to It. I do not profess to know much about this Mormon war. 1 will say in tbe outset, however, that I da not believe Id it. nor in the necessity for the tremendous expenditure that is being made. 1 be lieve that if comma-' hi.-re had been ten*, to pre cede tbe army, they would have superseded the necessity for sending the army. Again, tbe honorable Senator from Ceorgia says we have not d-c) -ed war agam-t the Mormons. Has he forgotten our modern history? He is well versed in an cienl history, but bu be forgotten our modern histiry? Did we ever declare war Mexico? No, tir But I will tell you what we did declare. We declared that war eiiated by the act of Mexico. Wo may den are by and bye tbat war xiete by the act of Rrighani Young; and if it be repeated at many timea in a Presidential message as tbc otber statement was, that war waa commenced by the act of Mexico, it will get to be a part of our history, and a man wbo tbal> doubt that war was commenced by the act of Brig bam Young will be no better than an alien and a heathen. I shall vote for this amendment, and I shall go for any other amendment that is proposed which will limit or restrict tfce number. I shall support the amendment which I understand my honw-ablt friend (Mr. Reward) proposes to offer, tbat these troops sba 1 be limited to the special necessity which calls for them; and when tbat ceases, that tbey shall cease Ui exist. I shall g?r for every amendment that will cat the bill down to what the honorsble Senator from Mississippi calls it?a skeleton. I shall want to reduce it to a skeleton, sod 1 shall go against the skeleton after that. 1 shall go against the whole bill. Mr. Foster, (opposition.) of Connectiont, and Mr. Fesssnden. (opposition,) of Maine, both supported the amend mi nt of Mr. Toombs. Mr. Fohtkk was in favor of striking out the first section. The reasons given by the chairman of tho Committee en Military Affairs (Mr Davis) bad not fully satlffed him. As the c/ mmmee had differed from the Secretary and President in their recommendations, so eai b Senator might well take the responsibility of differing from them. Eighteen thousand men would seem to be abundantly sufficient for the protecting oar frontiers from all aggression, that is to say, in ordinary cases. Indeed, 11 an army la sent out to the f-ontiers to protect our property, what has been tne result of the policy) It has been, so Tar, a waste and expense, as witnessed by late events, to a greater amount than has been eiperlenced for ten years from ordinary causes. The fewer troops sent to the frontiers the better. As to Ksnias and Itio troops there, they bars been sent there to enable the mi nortty to govern the majority, fie was not disposed to vote an increase of the army for such purposes. He should vote fbr the amendment Mr Fdsoddi advocated the amendment, partly oa the ground or economy The increase, as shown by the statistics, would coat the nation not less than sevsa millions of dollars annually. He would not objoct to any neomwary increase of the army, but we bad as yet no fa:ts furnished which showed the necessity of such an Increase. There was no report of the Commander in Chief, nor from any person competent to Judge. Kven the committee had not furnished such details. The opinions alone or the Preai dent. Secretary, and Military Coma. MM were Dot sufficient for him. He wanted the details As to the Mormms, there waa much exaggeration as to the great strength of tbat people. If the urgency, is so great, the government ought to have taken measures to furnish us with tho ?ta . tistica upon which we can reaarnaby act From IMi to 1858, the army has Increased from eight thousand to eighteen. The necessity for a large iscrease was to be ail mitted on account of the inert aao of our territory. But such an Increase was enormous, und ought not to he ex tended further. On account of the Indians no necessity is shown, and It Is admitted that it is not l.'lith. What,then,is It/ I am not disposed at all, said Mr. Fessendeo. to makn an issue wKb the government simply for asking an increase ef our military force. If that increase is necessary. I in ready to vole for It. It makes no difference to me what the amount is; if the exigencies of the Mate.demand aa in crease of i-xpeuditure in any quarter, I am perfectly willing to take my share of the responsibility of meeting It, but, with the honorable Senator Own Connecticut, I do not believe there ie a necessity for this increase, nor do I approve of the use that has been made of the army, er that I believe will he made of It. Alius too has been made to tba use of the army in Kanaas for the parpoee of executing the lawe. Sir, I have never yet been able to understand that the President had the slightest right to use any portion of the army there In that way. I know the M.srr is claimed. and It Is claimed under an ai t sivins the President authority tn um Ihn artsy of the I'mtrd Stales in races where be might aae the mil Ilia for certain purposes. but tbat power never extended to the Tem lorlea, and doea not extend to the Territorial now, by existing lawa. He aald that Praaldent Pierce beid Dial there waa no autli<4tti In tha government to undertake, by the employment of force, to aecure fair voting In Kaneaa, bat Mr. Buchanan aeema to be of a different opinion. Mr. Sxw?*i>, (opp ) of N Y next took the floor Mr. Reward's anteredenta did not warrant the aaaump lion that be would be found In the ranka of thane wbo supported a democratic administration. I'act of all that of Mr Rnrhanan, In any meaeure which thpy might propone and more particularly one calculated to give additional strength to the President by lncreaeing the army Rut In tbla caee Mr. Reward has cboeen to play a patriotic, if not a consistent part Following the remarks of Mr F*aee? den of Maine, be spoke in support of the bill, submitting at the seme time an amendment, to tbe effect tbat the trooj?s raised for the subjugation of the Mormon rebate should be disbanded as norm aa that object waa effected While admitting his unwillingness to vole in fhvor of In creasing the military power of the government, be coull not refuse his support to such a measure at the present crisis, believing as be did that the condition of things tn tlah was more serious than other Reunion? even Mr. Davis hmsetf. wbo Introduced tbe Milthought them to be. He bed turned over tn hla mind, be said, every possible proposition lo see If with that love of pesos which Is paramount to all others?if. with a fear of a stondlng army, which la the strongest constitutional principle be chertabed, It la possible, in any way, to accommodate this difficulty with safety, with henor?end be had net been able to find It. Mr Reward took a olenr and proper view of tbe emer gem y which railed for aa lacreana of the army, when be described tbe attempt to given I'tah aa a new expert meat The Territoy of ('tab, he said, stands nut entirely distinct from tbe whole line of our past experience, our Territories heretofore have been settled by our own country men, by men trained up under our own oonstitu urn. by men accustomed to the principles and the habile af American republican aomety? men educated to govern themselves, and maintain lb Mr rights and liberties and men also accustomed by habit to eubmrt With loyalty to the federal government tn tbe rxerotse of Its proper Juris tllotion over them?inen whose religion and whose mors is mw oeem uenrea irom uir Mm" mum with our own?moo in every wsy who were our brnhren. These Territories hare practically besn accessible to us. they hare l>cen a>9*reot uw riUtrKW Here we On<l a lodgment of a bond of men whlrh has been etpelled from the heart of onr soon try ?oaet out and rejected br Ite clrtlitaAon?equally Intolerant of us and intolerable by ourselves?men who hare been drlreo to hate, and not yet instructed by all their calamities and etjerirnre to feor u? Thle body of the settler* of I tah are men who hare set op for themselves mother and peculiar re lip ion. The* hare pone back tern thousand (Ire hundred year* and bare set up a rellftoo haeed npnn the principles of Judaism?a system repudiated not only by ourselree, but ref>ellant to the retlplnoa and mceal eenso of all I'hriateodnm This community, thus] made to fly before as. haa taken relupe in tmeses of the IU?<-fcy Moon Ulna, or In a reptnn encircled by the mounUina. which secure* lo them fortification* such as mluUrr science never yet hss devised, or military art been able to cms struct. 1 Itok at that band,and seetne perpetual increase of It by em iteration from amonpst oirsolren, bp emipration from European an I South American states; and 1 see in their rellpions and polltisal ronstltntioo two martial elements?the elements of reeletaoce to law and to authmlty such as hare nersr yet been successfully overcome when l omb'ned the one a lust of independence, of power, LD. PRICE TWO CENTS. * and dommwn, sad the other a reltg'otui license to tM base passion* or aiaakind Tbw Is tbo internal i nemv wh eta m lodged wilbio a Territory across tbo path which toads frc oi m>r Atlantic to our Pacific settiem- tits I trust ia Cod that tbo diflleultioa ia wbtcb we are placed vtta regard to these people will paoo away an eaony and lightly m Senators two to think 1 do not believe it Whether the system of defence or ol war to which I bey shall resort stall be that of open resistance, (for which I hellers they have the spirit, urged as they are by sup^rstttioa mad am Oiiion, and by a spirit of retaliation, which 1 bailors tbey bave the power to exercise.) or, practically, a guerilla sr on our people peeslag iron that Territory, and trir army seat U maintain order and authority there, I believe the utmott vigilance on the part o< ths govern meat, and the utmost energy, will be demanded; and that seems to mo to require, on the part o< the legislature of the United Mates, torn* confidence la, and liberality toward*, the aominlsuatioB which has charge of so ecrtooa ead important a matter. I 'poo these grounds Mr. Reward supported the bill.* He lock oocarton to say that he though; the one of the army in Kansas bad been abused He did not want to see any more intervention of the United Mates government IB tbo eiectionsst Washington or Now York, or In the execution of tbe Fugitive Slave law in Boiton; but be was not propared to eesert tbe band of troop* now nt the mercy * tbo Mormons or the Indians In U'an He declared toe employment of volunteer* the most wasteful and extravagant mode in which e co mtry can be lefended; and if bo could only be guaranteed that there should be no abuao of armed power, be would tbsn have no hesitation whatever In Increasing this foics till It should be stroag enough to command respect even iu the Reeky Mountains, ii j w pihi Buvmmi"rvu hiiuc ciraiu uuuu anu law* <n tne United "tales nn from these aposlnuxirg Mormon* The following is Mr. Seward's amendment to iho bill ? And belt further rwelH, That such officers and m'nu ball hr enlisted. or raised linear tble art, bIihII >>e -uiuiojed only Ir the of the lawn In the 1 errltorv of t'mb, on In malr'alulna order and tranquility Incase of disturbances r?iaed by the Indiana or In the aiovemen'a ronneeted win thoee oparaltone. and when public < rder and traa<|nllity ahall h?ve been established, all auch forces ao enlisted or raiaed ahall be dlaehar|ed. JmrraaMiN Divot explained thai It woold ho Impracticable to discharge tbe men ralred by the bill, booaooo they would form parte of companies, and would break up tha several regiments to which they might be attached. If an integral pait war a> ded to the army, it might be possible to disband It when war wsa over. After some discussion between Mr Davie and Mr. K tesenden, la regard to the assertion of the latter that Mr. Buchanan had need tbe United Stale* troops Improperly in Kansas, Mr. Pogb (democrat) of Ohio, prei<os?d to Mr. Seward ai amendment which he thought would answer ha purpose Be proposed to add to the 2d section, as follows ? Provided, That after ihe eipirstioa of two years from dale of ihla act, no foriber enlistment ahail be m?de for anf regiment until ea<-n company thereof anaii be redweo.* eighty privates. And to the 3d section:? Provided. That after the I'ipirailon of two years from the date of tkta act. ao further appointment of aametant aurgeone shall t>e made until the number thereof .h ill be reduced be low the number heretofore allowed by Uw. Mr. Skwaho proposed that the .senator's proposition should be printed, which wnt acceded to, and that closed Uic Oral day's debate on the Army bill. On lbs next day the debate on Mr. Toombs' amendment was resumtd in the Senate Mr Owisn, i<lemoor*tJ of t.'allloruia, moved that the whole bill, after tbe enacting clause, be stricken out, and a bill be substituted which proridtd that Qvc entire regiment* shunld be aided to the army, ins'ead of increasing the sruiy in the mode proposed by ihe Secretary of Mr I'loH thought tbat (he original bid was preferable, on account of the increased ex|>ense caused by the increase of officers. The vote being taken on the substituted hill, rt waa negatived?ayes m, noes 3k. Mr Ban, (opposition,) of Tenn., a poke in favor of Mr. Toombs' amendment. ile thought thai government slould be lenient with tbe Mormons, and that the great mass of them were really boneet. Ha could not see the distinction between tbe Mormons and the abebuometa of tbe North They alike act under the couvlotions at their own consciences, alike discarding facts and reason, and alike holding fast to a higher law, which they worship. Why drive them out/ Where will they got If pursued with the vengeance now threatens 1, they must ge forth to perish on the plains. Mr. Ivkksos, (d'-ru.) of Go., was in favor of the hill as it a tend, and opposed to bis colleague's aincodmeat. He regretted that troop" had tieen sent in Kansas. They bad been sent to keep tbe peace, still, had tbey not been sent, there would not have been, at this lime, ao aboiluonisl to desecrate tbe soil of Kansas. But the Executive had In t< uded, and bad done, its duty. I Mr ('HxvtuMt, (opp.)of Mich., exprease I tbe opinion Ihtl Hrigbam Young wan only carrying out what ess ?uppoacd to be the principles of the Kaueaa Nabranka bill, which declares that the people oI a Territory ought to b? left perfectly fM to form and regulate their domiMtio .n Uluikms in their own way. In the innocence of hia heart, Bngham supposed the family was a d imeatic institution, ana under that interpretation he had a right to either oce or a hundred wired, aa he pleased. If the democrat* propose to maintain tneir former doctrine ol' popular aovereignty and non intervention, and declare they wwh to uterrene in Kansaa, he would grant all the iroorw neeeaaary to preaerre order: but he thought the beat way would be to employ a missionary In go to t'tah alone and explain to Brigbam Young the rvewa of the government, for It waa artdcnt ha now euppoaeu the idea of non tatar rention by a democratic admin titration with the domestic lnatitutioaa In a Territory waa utterly groundless, being dlamtlrlcaliT oppoaed to the Kanaaa Nebraaka bill, fa reply to Mr Iverson, he aakl If it had aot bean for the troopa In Kanaaa, border ruffianism would hare been wiped out, and not ealy that, bat a terrible account aattlad with dome of the border towaa la Missouri. Mr Davia *aid It waa evident from the tone o4 the da bale that much of the opposition to the bill ipruajr from a deeira to foment rlrll war in Kama*, and ha again urged the nee eerily of taking the question. Hut nererml Senator* expreaaed a wiah to oa heard, aad an adjournment waa had without taking a rule. The aaxt day waa occupied by Mr Toomb* in explaining the nature of bia amendment, and defending it. He dwelt at great h ugtli on the anaeriton that no tncreaaa of the army was required for protection against the frontier ladtan* Volunteers and militu were lbs proper troopa for that purpose. Again, he contended that if the bill peered the trouble in Itah woull be all over before a ungla soldier could roach it, and the idea that the troopa were wanted for t 'tah wan only a pretext Tor permanently inddl jig the country with an expenatve nuliUry ralailisiituenl. ')n Monday. Feb. l.Uen fluceto*, (opp ) of IViaa. re. mined the debate In oppoaltioo to lbs bill. He raw do necessity for a large standing army la a time of peace. It wan contrary to tho theory of our governmrnL HartItemed the Idea of making dragoons or men who had never mounted a horse ta their fives, and did not even know how to bridle one?who would bare to be tied on unLI they learned to ride, and then they would be In danger of going heels over bead when they were brought .at? action. He was 1a favor of rale tag volunteer* to meat all D'ceaaary erne rgenoee, saying that they were a A mora expensive than regular troopa, and decidedly mere pre ferable. Four additional regiments were raised name years ago, the expense of which waa probably aemathiag like the twenty millions now a deficit la the treasury. What have they lone '' Killed a few Indian warriors aad many women and children. Such conduct reflects but little credit upon civilisation. R*tter to treat lb# Indian* like men and elevate them, than deceive aad rob ana tbea hunt them down like wild beast*. Do justice to them aad you will need no standing army on the frontiers. lad.ana, and advocated a better system of promotion *ji the army Mr. Wilson, (oppoellton) of Mas# , theu offersd a substitute for the bill, striking ont all after Ibo aaactmg clause, and inserting Urn following ? That the President, for the purpose of snforeisg tbo laws of the United States, of maintaining psare with the ladun in bee, and . f protecting < ! liens en the routes of emigration I? lb" Territory of Utah, and to be employed only In sate Territory, be. and be Is hereby, authorised o call for and aeoept the serTlresof any number of volunteer* not eieeedtsg la all flr* ib.Mi.snd, oflrars and men. who may offer their aervvses as Infantry, to serve for twelve months, unless they b* enoaer dtscharsed, after they shall have arrived at the place of rea. detvoas, or been mustered Into the snrviee of the United "tales, snd that the sum of g be. aad the same is hereby. appropriated, oot of aay money In the Treasury not ether wise appropriated, for the pur pone of narrylag the provisions of this net Into effect. See. I And be It farther enacted. Thai the anld volunteer*, when mustered into the eervtce, shall he armed aad squlppsd at the nspenae of the United mates, and. ualll dlaeharftd therefrom, be subject to the rules snd articles tf war aad shall br organlred In the same manner aad shall reaalve the same pay and allowance*, aa the Infantry arm of the army ef the United State* Sec S And be It further enacted. That the volunteer* *9 offering their service# shell be sseetHad by the Pteaideni la nompaale*. bat tall one or reglmaaln, and that each eoaspaay shell coneisl of the saaie number of oScera sad me* aa sow prescribed by law for the infantry arm of the army The captain and lien tenants of the saJd r rmpantea shall be elected by the company, and rommlanlened by the President of th? t nlted Mate*, and the President shall apporllow the staff aad fleld oBsers among the Slates aad Tsrrttortes fraaa which the volunteers shall tender their service. s? he may deem pnt'Sr. Her. ?. And he tt further enacted. That the vol nates re who may be received Into the service of the Ueited "tales by rtrlne of this art, aad who shall be wounded or otherwise steadied In I be servloe, shnll be entitled to nil the beneflui wbiah may be conferred upon the persona wounded or disabled la the servtae of the rotted Males. Mr H?wanr> opened the debates lbs neit day ta fttvor ef tba bill. The leading points of bin argameoBar* eon teiosd in Ute following crtracts from bis speech. He ooa tend* Utai there was no difference on the question among Hrnator* aa regards its principle So one was la fheor of estnbhvhing n dangerous sisn'tng army: but no oae was against aa army of (.000 men. The trouble area# out ot no! lateral question* ? I am reluctant, said Mr Seward, to tncrcnaa the armed fores* of the United "Sates while an army la rematalag la Kansas, hut I cannot know, nor oaa any nee sine know, what will be the disposition of the army In Kaaaaa lean no I v make up m? Iudrmenl In reaard tin tt from tha facte which are before me. and taking the condition of the Km aas ipiestioo aa it mands. I hare made up my mind that II approaches its solution, and thai whether the admtnwtraOon farora a freeStat# or whither It continues lie Inter renUoo there ta faror of a alare Mats ta Kansas, thuw? "* reach id* each a crista that the! President af theCaiied flutea will not dare to maintain an army la Kansas to mforce a constitution which the people of that Mats reject, and seal net which they array themeelree with armed force, and that la the issue which t npeet to are If suco a conethutioa aItall be forced on Kansas. My, therefore, ta, that the army which la ia Kaoaas will hare to be withdrawn Then. T bare eodeaerred to frame as amendment to thai tall which wsnld compel the withdrawal of the troops In Kansas I bars been anable to frame one that would be praetieaMe, and I hare, there fore, to tire that op. Huppose T shall be daaavaMadia this, aad the army Is to be retained in Kansas, what thed Well elr, If the army is tojbe retained la Kansas A baa go to be paid, aad it ta Oonirreaa that I* to grant the suppils for lhe army When I loot .rrer this Chamber aad lb other, and *ee how they are consumed, i bars aofen that the Offigr*ws if tb* Tnited states this year wi appropriate money to m tin tain an army m Kliaa