Newspaper of The New York Herald, January 29, 1867, Page 4

Newspaper of The New York Herald dated January 29, 1867 Page 4
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IMPEACHMENT. Origin aud lllstury of I lie Trial of High < rluie* nod .Mtademeunars by Farliaiurotary Bodice-KnglUli |*recr?Jra?e from ihr Ueigu mi Kdwurd III. ?o the Prraewt Onlary. The action lately i*k?-n in Congri-.-s by the honorable representative from Ohio, Mr. Ashley, in presenting a petit ton praying for the Impeachment of tb. President oi the I'nited t-utes, is of such en Important nature uud so little known to our Uwb that for thv bciieill ol our readers we propoeo to give some brief remarks and iibservHiions u|Htn the origiu of trial bv imp'-achuient aa derived irom English precedent*, which, owiug to the absence o!' precedent* under our own law^, must neces sarily govern any triaia that we may bate in thin country. We ah?ll also give a synopsis of some of the moat celebrated cases that hate occurred under tbe English laws, from the earliest records dowu to the present c ntury. In England, about five hundred year* ago, towards the end of the reign of Edward lit, tbe Lords claimed It to be their acknowledged franchise "That matters moved in Parliament shall be mauaged, adjudged and discussed by the course of Parliament; and in no aort by the civil law or by tba common law of the land ueed in ether lower courts of this kingdom." Sir Edward Coke says?"As every court of Justice hath laws and customs ior its direction, some by the common law, some by ih* civil and canon law, so the High Court ot Parliament tuis propria UgQmt et nmiue xuHmibtu con sist,t. It is by the lex et eontveludn Parliaments that all weighty matters concerning the peers or the realm or commons in Parliament assembled ought to be dls ruasod. adjudged and determined." Indeed, all the wisest statesmen and greatest lawyers through a long hut cession, from Mr Edward Coke and Mr. hcldou to the Karl of Hardwtcke, have, whenever an opportunity has tR-en offered to them, constantly repeated this doctrine. Nor is the authority of the Judges in Westminster Hall wanting in its support?it will be found in the words ?r the English Parliament that tbeee venerable magis trates, when appli alion has been made to them for their opinion on questions relating to judicial proceedings In Parliament, have modestly desired to be excused from delivering any such opinion, "for that of these subjects tbe lords are only the judges." And if at any time some of them have presumed to disregard these roles, and to declare the law of Parliament, tbey have been told "That such judgment belongeth only to the lords, and that It is the franchise and liberty of the lords by tbe ancient custom of the Parliament to be the sole judges in such cases." Tbe best legal minds have often declared that where ?he courts of criminal judicature are equal to the trial of any oflence, and can, by the subsisting laws, Inflict a punishment adequate to the crime, resource should never be bad to extraordinary modes of proceeding. But if tbe crime be of a nature and magnitude deserving a punishment in the particular case far beyond what has by tbe law been deemed sufficient in similar but less atrocious misdemeanors?or if the rules of admitting evidence or other forms, to wnteh the judges in a court ot law are bound to adhere, would preclude the execution of Justice upon offenders whose Imprisonment or banish ment from tbe country was become a nocossary aacrl rtce to the order and well being of t^ie public at large it lias been held, even in the best times of the English government, that suoh circumstances would .reasonably lustify a departure from the common forms of proceed ings, and would entitle the Legislature ltaslf to take cor nir.ance of the case; and, as In the case of the English bill of Pains and Penalties, avenge the mischief offered to the Bute, thereby tn hold out em example uMch might prevent similar cjftneex in future. In a pamphlet published in 1T91, entitled "A Review of the Arguments in Favor of the Continuance of Im paaohmoots." there may be found the following Judi cious observations, very applicable to this subject ??The advantage which Impeachment afford* aa a check and terror to bad ministers is so obvious and so great that It almost solely engrosses tbe atUntion and is con sidared as the principal, II not the only recommendation of that mode of prosecution; but there is an additional reewn why it should bo cherished, which la that it for ullhsd the asost effectual preservative against the cor rupt administration of justice, end it ought, perhaps, open experience, to be dearer apoa this ground then upon any other, es it has been employed with leu mix tun of vindictive or unwarrantable motives when directed to this abject then when Ita terrors bars been levelled against fhvorttes and ministers of the govern ment." "That ministers ere not now violating the prin ciples of the Constitution, or that the administration of justice ia now free from the slightest stain or suspicion ef corruption, furnishes no reason for abolishing this mode of trial, for it is impos sible to know how much of the security with which we sow enjoy our constitution and liberties, and how much of the satisfaction with which we now conflde in those uninspected character* that now grace the eoata of Jut Wee. may be derived from the existence of this very institution; the b neflt of which l*lnce prevention Is more desirable than punishment) cannot be more con clusively proved by nny means than by the few occa sions there have been of late Tor exerting it" The mriadtciion which in ancient time* was exercised t>v the High Court of Parliament. criminal matters, i* very well x ,o Reeves' History of the Eng tsh Law, Vol. S, part t, chap. 10 from which we quote the following. In the rei-n* ol Edward I.. II. and 111. we find n records of proceeding* in Parliament which Incontestably verify whut ha* been before observed on the Judicial character^ the High Court of l?arliamcnL and f.,rn.Sh materials for formiug an accurate jurtincut oMUJudl ssir&p.ssr ?r;f ..i ^dw?,"m?cy attributed !o* be ^triilmen' by' theJpV phf- It was Sou lit that this assembly was to n-dree" all wrong to rem .lv all abuse* and to remove all diffi culties with which any tn.iu pressed either in his thl< opinion at every meeting of Parliament petition* poured in from all quarter*, no only iimi subjects of pubi'o ..nd uationat concern, bo for relfef in private matters, sod it spi-eats from the rolls of Parliament that these hr all ?orv4 of upon til norli of matter* ana to oWnTZry specie* ot iei.ef which the petitioners thought moit desirable in their situation. To distinguish between those which were properly within the cogn'/nncc of the Paritement and thomi that were not, and in order that those whIch belr?J' erly to other courts might bo duly remitted ,h,]k*r, cer tain prelates, eerie, barons and other, were srpomted n every Parliament to he "receivers and trycrs of peti tions,'1 whose duties were to examine all petitions, and, upon full con-tderntlon. to endorse upon them what court* was to be pursued to redress the (istltloner, and to direct him, according to th' nature of 'he case. <"her to the full Parliament or to ihe tounctl, the Chancery or to sooit of the Other court*. But criminal prosecutions were also lostRuied ln Phr liament bv another way then by petition. Thev were frequently brought forward by article- exhibited; but who were tho persons appointed to exhibit such articles, atand forth as prosecutors, does not in i very in tlie I alter end of the reign of Edward ill., the Commons took thta burden upon them ?elvna. and among their other p?-lltiont b gau to exhibit accusations for crimes and mlsdemeaitoll against ollen rf.ra who wore thought to be out of the reach of the jaw and in these prosecutions tbe king and lords were commonly, the course that when the Coiumooe accused or impeached and the Lord* were readv for judgment, the Commons were nonned liJTtbMi cam* up wiUi their Speaker and demanded v,iiich tire Lords gave try lb* month of their i-JSkor" re that this might be said to be done >n plrno J555i.t (E?rSiJUt t-'j. 'rr,',.'ra ?& sent and vet the Judftiert itw-lf w*s glren Bv tn* I-ord's, though m the presence ',r 't U? ? and far by their tacit consent, e* being ?b? a< cu?er* ana aiste of the Judicature <u the countrv which in the> lap* of time ba* Uken piece, may be deduced ?*t J?f'* tion which in England the House ol Ufd* ' ,r '10 nvil causes, upon appeal* or writs of error iron, ti c in ferior court*, and in criminal questions when bro go l>efi>r# them br presentments of ih# Huus* of Common in the form oi an intrer < hinenk , ..... When this Impeachment, either for trea'on ?rf*r b.gn crimes and misdemeanor', was directed against.a pv r of the realm, there ha* never been a donbt but that tne Lord* have the sole and exclusive jurisdiction 1" hc?r and deter mine npon this acrnsation Bo. If a p*sr nc indicted for treason or tetany, be cannot t>* tried in tlr* courts b"k>w, but the IodictmeM mast be ISISU'*d by eerHerari, sod the Lords mast pvouiiiitice Judgment of guilty or not guilty. But where a |>er.<oD uot a peer has been impeached by the Common* befur* the Ierils, for treason or any capital offenco, there a doubt has somt' timto been entertained wt*th?r, by the law of Parlia ment, the Lords have competent Jnrtadictlon npou this ?object: and In one instance?itiat of Filx Harris, In 10M? tne Lord* actually refused te piocsed upon a trial of thia nature, thoogh tr. sevoral other cases, both tmforc and since, they have admitted their competency and bar* acted accordingly. The Commons have, however, st all llm*s *?*rted H to be their legal right to li"p?:? b anc person, whether Peer or Commoner, fot any crime aga nsttheBtate.wlchTrap. Ital or not. and in th* instant e wh*rc tlielr right was die Dufd'the Common* resolrod "That it 1* the andoubt'd right of th* Commons, in Purltomont assemb e.1, to !m p'srh before tb* I-ords any Peer or Commoasg for trv*. son or any other criros or mlsdenissnor, and Aat th# re fusal of th? Lords to proceed in Parliament apon such impeachment is a denlnl oljnstlos. aud a violation of the oousutotion of Parilamont " .... This resolution on the part of lbs House of common* la the rear lflll, grounded upon and supported by the grsat mwtf *f Instance# ia whleh tb* Ix>fd? bar# sisr tf?o In impeachment agntn* Commoner. r.wT.-aiuial ortcu.v, tor Uier wtib the#ro?e<iinir? ol the n 11 u oi Lord* upo.i ? bumiiar q eation brought b?\ur# ih.-in in id*" upon the impeachment Of itr Atom BWf a i k'Iim*. Commoners (tn which, after oon?uiun* tiro njtonti. and uiucli deliberation. they roeulved tn proceed uuou the tuip'a bmcnt), appear* tofbe a full andI com I cii- ucierui matin* what lUe law of Pariumeut is ut* ? ,f,|. ,| .iwuiuu. ind their right to try n peer of the realm tl-n Milled id 1:188, in the case of prw>wdin-? fore the House of Loru. ugajnsl lUe Arehbishop ? and oilier great officer*, and against several or im* J" 8 for having given extra judicial opinions and ? * urtliai: the law, and upon which, alter a long an rale examination, judgment of treason was give ?8 theui as traitors to the king and kingdom. In Iih of this proceeding the Judges, sergeants and Other e v of the law of the realm and of the charged by the King to give ilieir )n this Iy.rds of Parliament how they ought ?? ^0 matter, whereupon they deliberated and an unJor. lands irt-arltameuc. "That having W_and well under^ stood the lenor of the said appeal, tie y . onjer neither brought nor affirmed nKj .. To i which either the one law or the other requ _ | which the Lords, after taking deli^U^.^ld fn thi auswerod ? "that iu so high a critn said appeal touching the person of the lOnganatne estate of the realm, perpet.aied by persons "hosre i^era of the realm, with others, the cause oanootJJ2 olhSr where thaii m Parliament, nor by law than the law and course of Parliament, and that it baloog* to the l?rdsol r 1 lament, by ancient custom of Parliament, in such cases, for that the realm otEogUnda not, nor ever was (nor la it tho Interest of the King orjLords of Parliament that it ever shall be) ruled or governed by the civil law. And therefore their Intention "J"* rule or govern so high a cauae as this appeal I.i by the ?ur*e. Voces, or order used In any inferiorcourt or n'are which courts or places are only the exerolors 01 !hu ancient law of the realm end of the on"na?j: ?" establishment. of Parliament, but it must be tried ana terminated in Parliament itself.11 _ , .# As before staled, It was not till towards the end of the reign of Edward ill. that the Homo of Oommmis ^ upon themhelvee the charaotor of accusers. L^ofMfMM charged with tremwn or?other b*h crime. andSSemeanors against the State'*<">(?'11 sre several instances upon the rolls 01 PY?^of ludg vlous to the case of Richard Lyons. 'n "7?, J ^8 ments pronounced by the Lords, agalnat both Peers^nu Commoners, for great public olleuoee; yet weepiwee? invs annear to hare been instituted either Irom the crown Itself or at the prayer of private Pe[f M ^n found themselves aggrieved by the ?th^ Ulu, no in high trust and power, and against whom they n other redress than by applicatlonto p^^?nt, theM From the time the Commons became '? ?L_ proeecuttons the instances were frequontinwhi found tbemselvee obliged by their duty l? ral^L p plaints to the Lords against persons of the highest tana and favor with the crown; or againstthose in judicial or executive offices, whose elevated sltnatioa pla^ above the reach of complain' 'ron?Pr' iP._h, afi?r who, if they failed in obtaining rodress, might after wards become the obJecU of resentment ofthoeewhose tyrannical oppressions they bad presumed toCalMu question. This circum?iance, therefore, of the Com mons assuming this Inviduou. office, and, a. the repre Mutative, of the people at large, standing . the proeecutors of the hlgheat and P? ln the fenders against the Slate, forms a remarkable era in tne history of the criminal Jurlsprudence of tbe 're. has certainly very much contributed to control anarn ^C iou or Injustice and oppression^h In most despotic SovcrnmentA ministers, ap^ their great rank and overbearing power, are but too apv to exercise against person, who presume to offend them, Indian the m?ns of bring! ngto condign punl^; ment ibose -great apostates to the commonw^mi who bv their actions or counMl. have endeavorea ?o subvert thefundamental law. of to introduce an arbitrary and tyrannical The crime, for which, during the perwd from Wt? ? 1450, the Commons impeached were misdcmeanore milted by persons employed by the ?"**1 of borne or In it. foreign poweiwons; maMminWrntton oi justice and exlra-judlclal conduct in the JudgM of tne realm; treason or treasonable praotjoea not special y mentioned tn the stabiles of 25th Edward UL, but by a clause in that act expressly reserved for tbe determin ation of Farliyment, which act, after r?cit1?* 1 offences whtch conatitule treason, aays:? AndtewwiM MMJ other like case, of tr^nmay happen Hi time to <5>me which a man tt'nk ? dMlareat doth happen Deiore nuy judhw^ j ? without going to judgment of the "".^Jher be shown before tne King and his Parliament wnetner it ought to be judged treason or otner felony^ . . The forms of proceeding even In tbeee eat^T I**?!*? ' parSSuSiriyln STcaMot theDoke of8ufl?L htliSO, Were much lees different from th*t ha ??* ** ih. nroiifiBt day what at period! to distant Sight^e expected^ Tb. ^les of charge were carried up by the Common, and delivered by their Speaker to the Chancellor and lairds; andn cases further artlclee were afterwarda exhiblted. When these charges wdhe rend te the P*r*o* who was brought up in custody ft* thrt of them were allowed him, and^he l"0?[ ,P>?*~.|r<. adlltv." by denving the troth of the matters alleged amtnat him. With treepect to the rules by whtch the I fjarda then considered tbemselvee aa bound to try and SMcmtne a next ions of ttti poach ment brought before SJThTtSfCSS??,? Ky Via; Kdward VI , Queen Rary and (Jneen Bitot 1 rismfsara: assrsss rt?ili mi modelling of the Star Chamber by Henry VIL , ?h^ v?r of\is re^gn, and the supplementary SS te' jSc^^biSenfi? prosecution bj TmtSmon^ ?d ihThaooiUt insirument of arbitrary i>ower that ever s? SSSsssa sJf&ssxs. great and mixed rowers, |rt tM of com cnuMTit satTn the usual Council Chamber. " u''" ,opIITh.Valb^tMmbl^ The Privy Council came at 1^1 to make laws bv proclamation, and ?r F|J[ ,yb?*r rinu?i tiifwe thai would noi obvy. At last tbey i?u to fSSrSi EHr3?te,OTr,vr?^, '^rsSS sn& ss zzj: sri. ,jfsru.?ur?,r, trniif*onabl? pnirtio^ bv bill* of ?t'aln ss sr.; 3^ESH&s j to inflict pains or penaitie. oeyoam^ I common law, to serve a "^^j^new laWe mad# I them, being to all ^l^T.oS by nTmean. pm re na/o (to serve a si<eciai | t _ helna wlirrea. j an execution of'each as aw ^ 1 (he nf an impeachment before ine nmees ntlon of the 1 ureal llt.taiu in ^ 'SSTtoa bMn ? s'rca.ly known and , presentment to the i be underwoud to insinuate an opinion that to P | lug by bill at attainder U hi no case ^ or (hut it would be more heneilctal WM l . f, aacaii" mo t daring rriminals e%?aT5R with mpunity. ?n account of ? defect oreyia n , want oi e,wnciari.c.ilar(orm ^ilch would be for their conviction in a 'ourtof law, l"? their crimes should l>e brought to the wnsWemion o Parliament and that there they should in iimewW* [ri^rT:;^w?rruCh ;*^lri^'^ wbtcti, It strictly adhered to, the public might receire mAUhJ3??^?n.e them measure have been nsed^s an cngiuo of power, and. In the reign of bad ;,re 04 CmmS arI* n'. mcn? part'truIar 1 y I'ims the true ^Tk? ^otisiai'ire t I? should, however, be borne In i a that Ihtsdei istlon from tho more ordinary forim of ?"lute cri neTr th^mminent danger to the the magnitude of the crime m(ic!,ief to suffer the Sals It would be a gr>atwovtrstep the nff'l!'#'o.^.Tof tii and, for the <*ke of sub common lmundaitce m ' ; , . IHWrter,ty, by an ex stanilal Juettce and Ihd ?irg with , 4wuW2.?wi2,Srlu^Sfiiirfe I and ought eot to he used Out * ?**? OOOMtoito. security of your cnaalltuUon n lost when you louo this power." cask* or mraAtxuunrr?ricuakd iv 'm sin othhic* The oldest oeee of Impeach moot of which we tiud ujr authentic record la that in 137# of Richard Lyons and others, raoroiiauU of Loodoo, who were complained of by liiu Commuas for certain mi-detneaiioni, in removing the staple of wool and other inerclijpdtae from Calais, and in lending money to the Kmc upon usurious con tracts, and in bargaining with Ihe King's creditors to lake off the sums due to them upon a small advance; and for many other extortious, deceit* and oppressions, by the said Richard Lyoua, as farmer of the subsidies and customs. To wh rb accusation Lyons plead not Ruiltv In respect to some ol toe articles, and with regard to ulUers submitted himself to the Kins'" mercy. Upon which bo was committed to prison during tbe King's pleasure, and adjudged to pay a hoe, to be disfranchised in the city of Loudon and uever to bold any office under the King or to approaoh bis council or court. WILUAM LATINKIt AND OTHSKS. In the same year simitar proceedings were commenced against William Latimer, William Kills and others tor divers deceits, he., of which they were adjudged guilty, and commuted to prison and to pay a tine at the King's pleasure, upon which tbe Commons prayed tbe King that Intimor might be ousted of all bis oillces, and never be of tbe King's council, which request wee granted. MtGMAKL UK LA IN'LB. In 1386 Michael de la Tole, Karl of Suffolk and late Chancellor of England. was accused of several crimes, tbe principal of wbich were, "that be bad purchased lands of great value, that belooged to the king, for lees tnan they were worth. In deceit of the king," " and had misapplied the pebtic monies to other purposes." Of some of ibe cbargee he was adjudged guilty and com mitted to the King's Prison, " there to remain tilt be should have paid a line, a cording to the king'* plea* sure." "Rut with respect to those articles which re lated to bis conduct as a minister, and one of ihe King * council, It seemed to tbe Kiug and Lords of Parliament, thai be ought not to be impeached for these by himself, without his companions, who were then of tbe King's Council." A writer of that day states that all the articles were fully proved, and he eould not deny them, Insomuch that when be stood upon his defence be had nothing to say for himself; whereupon the King, blushing for him, shook bis bead, and said, "Alas I alas! Michael, Bee what thou hast done I" CB1KF JlfeTKW BELKNAP AK9 OTHXSS. In 1888 Sir Robert Belknap, Chief Justice of tbe Com mon Bench; Sir Roger Fultborp, Sir John Holt and Sir William Burgh, Judges of the same Bench: Sir John Gary, Chief Baron of tbe Exchequer, and Sir John Lock ton, King's Sergeant-at-Lsw, were accused and impeached for answering certain questions that bad been pat to them relating to matters of treason; to which matters they severally plead, stating the circa instances under which these questions were put and answers given, and asked that they might have a gracious and merciful judgment. To whlon the Commons replied, "That being taken and hohten lor sages of the law, they should have answered as the law was, and not otherwise, as they did, with design, and under color of law, to murder and destroy several lords and others, and they were adjudged guilty, with the assent of tbe King, and it was ordered that they should be drawn and hanjpd as traitors, their heirs disinherited, and their lands, tsnements, goods and chattels forfeited to the King, which judgment was after wards changed to banishment. SIMON HE BKVMKLT AMU JOHN BBAUCHAMP. On the 12th of March, 1388, Simon de Beverly, John Beauchamp and several other persons were Impeached for high treason, adjudged guilty and executed. ARCHBISHOP ARUNDEL. In September, 1397, Thomas Arundel, Archbishop of Canterbury, was accused and impeached In full Parlia ment of high treason, for having traitorously aided and advised tbe making out a commission directed to the Duke of Gloucester and others, of which himself was one; which commission was made in prejudice of the King, Ac., and "the4. be procured the Duke of Glouces ter and the earls of Arundel and Warwick to take upon themselves regal power," upon which be submitted him self to tbe King's mercy, sad was adjudged to be guilty and banished the realm, his temporalities seized and his good and chattels fori el ted to the King. RIM JOHN OORHAM. In January, 1897, Sir John Cob ham was Impeached of certain crimen committed by him In prejudice to the King and against his royalty, crown and dignity, of which he was adjudged guilty; and it was ordered that be should be drawn, hanged, beheaded and quartered, and that all "hia lands, Ac., should be forietted to the King. This judgment, so fhr as it concerned bis life, tbe King was pleasfcd to remit; but directed that he should remain a prisoner In the Isle of Jersey for life, and should ho escape tbe judgment of death should then be executed upon him. ? " WILLIAM OB LA POLS. One of the meat important cases of impeachment waa that of William De La Pole, Duke of Suffolk, who on the 7th of February, 1430, waa impeached of certain high treasons, Ac. It may be curious to see what tbe mis demeanors were for which this powerful Minister waa accused upwards of four husdred years ago. Thai* ware eighteen articles. OHABOae AGAINST DB LA POLK. L Malversation, as Lord Steward of the Household. K Advising the King to grant liberties and privileges to certain persons, to the hindrance of the law. 8. Advising the grant of a peerage to the husband of 4. Granting away great offices in tbe province of Gnl ine. 4. Discovering the secret council i to the French King. 8 Preeuriug offices Cur petaoue until and.unvrortDy of 7. Procuring giants of tribute^ and impoahiou to sava ral 8. And of eastdosse and lordships. 9. Making soon von lion of peace without tbe knowledgo or assent of tbe other Lords or tbe Council. 10. Misapplying public monies. 11. Giving large earns of money to the French Queen. 12. Squandering away tbe public treasure. 13. Obtaining the inheritance ef the Karldom of Pem broke, and great wards and marriages. 14. Kmbexxltag several obligations for sums due to tba King from dm Duke of Orleans. la Delaying of Justice. 18w Procuring a pardon for a murderer. 17. Making ofeheriffb for money, that might be favor able to his purposes In the several counties. 18. Assisting the Dauphin of France with soldiers against the King's allies in Germany. To all of which he pleaded not guilty, end waa com mitted to the Tower, but upon the 17th of March the King sent for all the lords, and also for the Duke, who kneellog, the Chancellor, by the King's command, asked "What he would now say unto the charges f" to which the Duke answered, " That he submitted himself to the King's rule and governance to do as to himtbouid seem proper." When ihe Chancellor, by the King's command, replied. " That the to accusation of treason in the bill comprised, tbe King held him neither de clared or charted; but as to the charge of misprisions, the King, by bis own advice, and not reporting him to the advice of tho lords, nor by way of judgment?for he is not m the wey of judgment? declares that he shall absent himself out of the realm, and shall so i ooiinus absent for Ave years. ' Tbe Duke leri the country full of hopes of being recalled as soon as ths fury ol the nation or tba heats of Parlia ment were over; but being taken at sea the day after he sailed trom Ipswich by a abip-of-war called'"llie Mi. Nicholas of the Tower," the captain put ioto Dover Road, cut off hia head on tho 2d of May, and threw it with hia body on tbe (and; whence they were conveyed .to tbe Collegiato church of Wlngtield, in Suffolk, and there burled. STAR ('HAMRZa TRIALS TAKS TUB PLACE OT IKPRAl IIUSNT. From 1430 to 1620 there appears to have been no cases of impe.ichment, the bills of Attainder, >tar Chamber, and bill ol Pains and Penalties having been used instead. The art*, during this period, appear principally to have had for their object (lereoos concerned in raising traitor ous and tumultuous Insurrections, and beams during tbe civil wars between the houses of York and I<ancas ter. alternately the engine of the prevailing party, to wreak venrance against such of their enemies as bad taken part with iheir competitors fer tbe crown The case* of Kmpson and Dudley in 1309, charged with having, duriog tbe King's illness, summoned cer tain ol tholr friendt to be in arras at an hour's warning, and upon the King's decease to bests to London; and that of Thomas Cromwell, Karl of Katex, and tho King's vicegerent in spiritual matters, In 1340, are itutanccs in which tbe parties accused would have been tbe proper objects of Parliamentary impeachment for high crimes and misdemeanors in their conduct as ministers, or offi cers employed by the crown; but the impatient and over bearing spirit of the sovereign, and that arbitrary power wbich Henry VIII., from a variety of concurring cir cumstances. was enabled to exercise against evsry part or the constitution, rendered tbe -summary proceeding by bill of attainder the more proper for his purposes. cases or iMPBAimraNT sivcu ths coHMuacxMsvr or ths SEVENTEENTH CSWtOHT. From the commencement of the seventeenth century to tho year 1730 we And the trials by impeachment of Sir Giles Thompson in 1620 for having procured Illegal patents; Lord chancellor Baoou, in the same year, for corruption la his office; Sir John Bennett, in 1821, for corruption as a Master in Chancery; sir Lionel Cranfleld, Karl of Middlesex, I-onl Treasurer, In 1824, for taking bribes, and the Bishop of Norwich far extortion end malversation In his diocese; and In 1826, that of tbe Duke of Buckingham tor n variety of offences in bis ad ministration; Montague, for publishing books tending to sodliton, the Karl of Bristol, for misbehavior while Am bassador In bpaln; In 1828, Main waring, for matter con tained In sermous, and Mr. Moliun for misconduct as Deputy Warden of tbe ^tanneries; in 1840. Karl of Staf ford. for treason; Judge Berkley and otben for their conduct la relation to tbe ship monay; Archbishop land, for endeavoring to subvert the law: the Blsbop of Kly, for misconduct; the Lord Keeper Finch, for high trea son; bir George Raffcliffe, for high treason; Dr. Coslns and others, for misdemeanors; In 1841, Daniel O'Neal, for high treaaoa; tbe thirteen Bishops, for tba making of new oanona .and oath, Jennyr, Ptercy and others, high treason; Lord Klmbolton nod Ave members of the House of Gomtnona, for high treason: In 1880, Drake, for writing n book cnlled tba Long Parliament Re vived; 1806, l ord Mordaont, fbr imprisoning Mr Taylor; 1667, the Karl of Clarendon, for high crimes and misde meanor; Commissioner Pett, for misdemeanor as an officer of the navy; Lord Chief Justice Keeling, for Il legal and arbitrary proceedings as a judge; 1688, 8lr Wiiham I'enn, for embexzling prise goods; Mr. Bruuk ard, for misdemeanor in the sen engagement of 1686; in 1619, the Karl of Orrery, for high treason; 16T8. tbe Karl of Arlington, for treasonable and other ml-demean er* , 1673, the Karl of Danby, for tntednmcanor In the cHlce of High Treasurer; 1878, Lord Arundel, l-ord fftaf ford end the Popish Lords for being concerned in the Popish plots; the Earl of Danby ogam, Ibr bis letters to tbe Ambassador a( Paris; 1680, Richard Thompson, for pre?< hlug eedt'lon; Edward Seymour, for conduct aa Tr usurer ol the Navy: Lord Chief Justice North, for ad vising the proclamation against tumultous petitions; lord Cht"f Justice Scruggs. Mr Justice Jones and Mr. Baron Weston, for high treason; the Karl of Tyrone, for high treason; 16S1, Edward Fits Harris, for nigh treason; 1000, sir Adam Blair. Elliott and others, for l.igta treason; Burton and Gralism, of high crimes ahd i misdemeanors; ths Karla of Salisbury and Pstersbor ongh, for high treason; 1893, Lord Conlngsby and Sir Charles.Porter, for high treason; 1895, Duke of !<ee<^ for high crimes and misdemeanors; Lord Be<ihaven and others, the seme charge; 1896, Gondet and others, the seme; 1701, ihe Karl of Portland. Lord Homers aad others, the same charge; 1T89. Dr. Sscbeverel, the same charge; 1713, the Earls of Otlari and Roilaghroke, for high treaeea. Karl M1 affined fffi btah in mis and oM? domeanora, Dake of Ortnond, for high treason; Earl of Dsrweetwutor, for high umwi: 1T24, the Karl of Mao ciesdeld. for liigb crime* and mudemeauors, and ta 1746, Lord L vat. lor high treason The report* of a great many of Uieee case* contain much matter that would bo of interest to our readers, hut which oar limited epaoo will not permit ua to pub lu?b. ___ PROVISION row IMPEACH ME JIT IfDRK U. 8 C0*?TTVTIOX. As belore stated. In this country trial* by impeach ment sre comparatively unknown; but the constitution of the United State*, article 2, section 4, provide* that "the President, Vice President, and all oivil officer* of the United Statu*, shall be removed from ollice on impeachment for and conviction of treason, bribery or other high crimes aud misdemeanor*." Speech of Boa Bailor la IlMlan. A special correspondent sends to the Hkralo a ver batim report ol a speech delivered by Benjamin F. But ter in Boston on the evening of the 23d mat In the early portion of hi* speech he discoursed upon tho strength of republics In general and of the United stales in particular, handling such other kindred subject* a* were necessary to invigorate hi* foundations, and then launched forward in a hold and trenchant style on the matter of an impeachment of President Johnson. The Ant portion is similar to that delivered a few months ago at the Brooklyn Academy of Music, wh oh was fully reported In the Hshai.u. His reference to impeach ment. however, is different, comprehending the recent developments of the case since the meeting or Congress. On this point he spoke a* follows:? The question has been asked whether.'t wowld bo statesmanship to resort at present to that remedy. 1 shall not attempt at this time to bring before you the charges which may he alleged against the t ice President of the United States, who now discharges the diitjesttf the office devolving upon him by the dent, because they are before a committee of the House of Representatives undergoing judicial investigation, and with that investigation we all shall be satisfied, what ever may he its result. But the other question?whether If tho Vice President of the United Mates, acting as

President (whom for convenience herearter i will call President, although in my Judgment that Is not hi* constitutional title)?which comes to every man's mind is why, if he has dons anything worthy of impeachment, should he not be impeached? We have seen that drunkenness is cause for impeach ment. making political speeches and do.ng illegal and unconstitutional acts are causes for impeachment. Com mon fame and common rumor charge all or those things upon the person who Is Chief Magistrate, r-very bodv says tbst Is true. We til fell and know that. But "Is "it expedient, is it statesmanlike, is it politic to try him by Impeachment?" The tlrst question is, is it right ? because nothing is politic, nothing is expedient, nothing is statesmanlike except it is right, and every thing that is right in itself is at once expedient and pol itio and statesmanlike. (Great applause.) A leading j journal says we ahall thereby disturb "public order and public ci edit"?that is to say, it is understood by those who quote the President that in case he is im peached he will bring to bear the army and navy of the United States against the taw making power of the people of the United States. Well, then, he will have|added treason to the other high crimes end misdemeanors. Let the timid quake not and the powerful shrink not: the army and navy will obey no such treasonable order. (Loud and continued ap plause i And ir it were possible for them to do so, they would ?>e swept away like mist before the sun by the uprising of the people, as in 1861. to save the nation's life?lappiause)?because if this government cannot, in the mode pointed eut by the constitution through the courts established by the constitution, try, condemn and punish any criminal, however high, the government is not worth preserving. Indeed, I have been told that the Secretary of State has said that whatever representa tive should vole for impeachment would be sent to the Old CapitoL Be it so. The tressonable tinkle of that little bell that sounds that order will be the death knell of the tinkler. I would like to see the representative of the people so recreant to bis trust as to fail to vote for impeachment under such an Executive throat. His country's curse, his children's shams. Outcast of virtue, peace end fame. We bars said five billions of money and three hundred thousand lives for this country, and we are not going to surrender it now. (Applause.) But wo aro told why we should not Impeach the President for any crime ho has done is that ho will agree now 16 yield us universal suf frage and take universal amnesty. Most offender* against the law woold be willing to make such a bargain; but will that bring beck the martyred Dostw or pat the murdered Horton again Into the polpit to preach the Word of Life ? Will that atooe for the injury to the country plunged again Into rebel lion end all the outrage and wrong which have followed from the misdoings or the Executive? -Will that avenge the thousands of mmdsren Union men, black and white, all over the Sooth, who have fallen victims to the policy of Andrew Job seen T While universe! amneerv is pos sible. under some cireumstanese, for thoeo misguided men who weot Into rebellion, yet for him who revered the rabeWen under the tag of the republican party, and the true men who elected him to office, there can be no S?3.r? ^-STrT dent Is impeached be will either, when called before the Senate, denyito Jurisdiction (and this ha announces au shosttaiively he wiU not do), or he will hare to submit to Its Jurisdiction, and than take at Ma trial the course that any other person at the her tokea when he submttoto the order of tho court. No man, therefore, need fear for puhllo order. Whet then* It Is aaM It will damage pnhlie credit. When I am ? borrower at the bank I am vera anxious that my ercdM should stand well with the dl rectora of the hank; but when I have a surplus tn mv treasure and am paying mv debts and em no bor rower I am'entirely indifferent as to what they thtnk of my credit at the honk. That 1 understand to be the present condition of thla country. We are paying a hun dred mil Unas aVtar and do not want to borrow mere money. If we did, (he Jews of Bremen and Frankfort would not tond IL? During the war they would not lend us a dollar, but took up th# Confederate loan Wnen we had ahown our strength and that we had money enough of our own to carry on a great war?when we bed demonstrated that we were the si rouge*t government in the world and have the beet reeoures for credit in the world and our loan w the best Investment tn the world, < then they are willing to take it at seventy two cento on the dollar. I have no great love for that kind or usurers, and if I could prereut our bonds being void in Europe to them at that price I should be almost willing to ho impeached myself. (Laughter and applause.) H is said thai impeachment Would bring hack our bonds upon us. Be it so. With full knowledge of the responsibility under which I speek, J beg leave to declare, after full thought, that 1 think nothing better could happen this country than to have every bond we have got abroad come back hero We are paying six per cent In gold to those men for the use of seventy-two cents now, end moetly borrowed at sixty or fifty and fony cents. If the loan had been made to us In the hour of our culsmiiy, although si usurious Interest, and a shave such s< uo nation ought lo submit to, I would have been quite contented to have paid them dollar for dollar. But let me call your alien lion once mora, fellow citixens, to the fact that these men in Europe never loaned us a dollar until the war was substantially over. And then our bonds have gone abroad for what ? What do we want this cmdtt 6* abroad? Whv, to import seventy-six million dollars worth of woollen goods at least last year, agalnet twenty six millions the year before. The sooner we can stop thus selling our hoods abroad the better, so far as my poor opinion is concerned, both as to statesmanship and O^anoro. (Applause. 1 It Is upon these poslUons end with these views that I think if anvthlng short of a breach ot the national faith could be devised that could bring back these bolide. It would be an advance in statesmanship I hold to all men paying "Nat they owe; out I never heard yet of a government which borrowed at forty and paid at a hnodrcd, and although I have the utmost faith In the stability and strength or our institutions I do believe It will be a greater strain on our institutions than even impeachment when we are called upon to do It. Therefore If it were true, sett is assumed, that impeachment would bring back our boo da from Europe and stop importations which we are paying for at thirty odd per ceot against us, I think It would be well to impcsch Andrew Johnson, even to accom plish that?nav, 1 think, aa a patriot, be who has so often in bis tour West asserted that he was ready to lay down hie life on the altar of his country, ought to be willing to be impeached to scoomnllihsogrest a good. But I utterly repudiate the idea that his impeachment oonhl do any harm to our credit abroad. It miiht harm us : w# wmH to borrow monojr; but do we want to borrow mooey at seventy-two cents on the dollar abroad' hade ere any occasion for it? I tor one I my again, utterly repudiate the Idea of tie return ing our bonds. I wish it would. I would vote for Im peachment with both hands even. But it will not alter a single thought as to our credit abroad. We who have gone through a long and bloody war; we who have shown a power of fidelity to our government such as no nation ever did; we wbo have shown a strength and unity of purpose, an intelligence and virtue such as no people ever exhibited, until we extorted admiration from our hereditary enemlsa and the quiet fear of oer former alliee the French: is the public credit of such a nation to be disturbed when we attempt to try and pnnish an alleged drunken blackguard speech maker? Is not that the proposition? Again, we are told It will not do to follow out this metier of impeechment because it will strain the institutions of our country. Lot us revert for a moment to the theory upon which we started, viz: that th* encroachments of executive power were the moat dangerous to th* liberty or all republloe Now what hs* happened? There has been encroachment of executive power until the Executive of the Ullted Bute* deree lec ture the Cong rem of the United Slate*, a* he did ta the meeeege vetoing the District of Columbia Suffrage bill, accusing Congress of usurping the righto of the Execu tive, because they woold mot bow to his potior of reconstruction. When the executlve iisurpe "b ibb? power es to lecture the Congress of the United States in such form, then let me tell you th* first Mow haiibeen struck at the liberties of the people, unlem tue People at once meet the encroachments; and whatever degree of strain upon our institutions, let me repeat again, they are not worth oaring tor unless they will bear th* strain. If they will not bearstrain now what will tbey do hereafter when a stronger, abler and more popular man shall get holdMlhe reins of Kvernment and attempt to follow the precedent set by e present occupant of the executlve cha t Who ls going to make anpwain upon our inmttutIons ? Not democrats, booauae they my theyhave bad nothing to do with toe President. They ooort edbi ma little at Philadelphia, hot the bane have been. " November, and the marriage * not. Nottbe republliauis because he has left them. Not the rebels when they understand he has not power,.and they will not have 225*3 JTinrtlSSSnel Again it la mid, let us get along^wjth hJra-iet us smooth fd'm^'flrrt^Ther^^mwTtbe people had so spoken Ida* El nnt Tntf y ?? ,,ifTiihig wtth s;:,rJS'SSbrw,!K2. s? sa ?imniv to adiust Km melter of holding office. Now let veeT^meir^Ihoeffieeemay be for condiment, but thg ? ** substantial*, to CTbxied after kg Congress. Th.f owe together and undertook by legislation to Hmnd Ik* PwMdsnt M dertook to corral bin. They have tin Mmmodod. IMf have hi oi paralyzed; bocaos? Congress out pun laws? everywhere bead him off But or whet benefit le this? One log of the government is paralysed; utd with oeo leg parah zed will the government march? Cougreue may pass ail manner of laws, but who will execute them ? Thoie are three piopoeiUon* before Congress for the reconstruction of tho Southern States. Mr. Julian, of Indiana, proposed to get along with the President, the President appointing governors for the territory of the South on his territorial plan; but the President will not appoint any governor whom the Senate will con lirnt, nor will the Senate rontlrm any one whom the President will appoint. If bo appointR such gov ernors as he did before, what sballjfwe have^bat legal ter ritorial governments bv act of Congress in place of illegal Stale governments by ad of the Prea dent. Again, Mr. Slovens coiues forward seeing this difficulty, saying that the court for the District of Oolumbia shall appoint commissioners. But that would not do, for a district court having jurisdiction over a territory of seven mil's so tare to appoint rulers over all the territory of the south, which is an empire. What ssye Mr. Ann ley T He has devised a very ingenious and well arranged scheme to get along in reconstruction .without the Presi dent, hut if under his b II the hival htsck sod while people get together In the South under an art of Con gress and start a government, the difficulty will be that the moment they do so you will have the hiassacre of New Orleans over again. The white and black loyal people attempted to get together in New Orleans to frame a loyal government and what happened ? When euch an assembly gets together in North Carolina Gov ernor Worth wilt say we cannot have you meet here, we shall arrest you (if they are not murdered aa in New Orleans). Be then calls on Mr. Johnson for aid, and Mr. Johnson aays I must give you aid because you are a dr fado government. We call upon whom to decide that question T The supreme Court? They, tol lowing the case of Rhode Island in the Dorr rebellion, will decide the tie facto government to he the government for the President to support, and they hare already substantially decided this question. Thus the question will not be whether the President la worth fighting, hut whether yon can tight him and the Supreme Court. Bat you say you will reorganise the court and have a new set ol judges ap pointed [you have a pert of the Court now), bat then you will have nine of Andrew Johnson's appointments. Congress, you say, may move in this direction; Congre-s has all the power to pass lawn. But the President has all the power, if you do not impeach him, to oppose the execution of those laws. You have Congress?au irre sistible power. Granted. Unless yon impeach him the President la an immovable body, and then we have got the question which agitated the school men many years ago. What will happen when an irresistible force strikes an Immovable body ? Nowhere can you move forward in settling the difficulties of ths country. Now, then, what do you propose? Do you propose to leave our Union friends, black and white, to be whlppid and murdered and burned two years looser because you are afraid the Jews abroed won't take your bonds, even at seventy-two cents on the dol lar? I trust not. Are you to leave this country In a state of chronic anarchy? 1 trust not. Are you worse, and above all, to throw this whole question to the peo ple, sickened and disgusted at the fact that after having given Congress all the power they have not produced any practical result? Are you going to throw the whole question into the turbulent, seething, boiling, bubbling cauldron of the Presidential election of 1848, with this certainty, that there will be the great question whether those States are in the Union or are not, shall vote or shall not vote for President?a ques tion upon which Congress will be upon one side and the President and the Supreme Court will be upon the other. Therefore, in my judgment, every dictate of statesman ship, every instinct of self-defence as a party, pointa to the view that this man, who has betrayed bis trust, who has betrayed the true and loyal men of the country (be cause the men who elected Johnson were the only party representing those meu), should be impeached. If you allow blm to stand there to throw this whole country into anarchy, you bring u|ion yourselves the very dan gers which you would uvoid. If the Congress of the United States goes bravely forward in the path or duty the people will sustain it. The people love and Heaven favors brave actions. If Congress halts now, they WfU send men there who will not. THE GEHERAL LARD OFFICE. WASaurcro.*, Jan. 28, lggy The Commissioner of the Oonorai Land Office has last issaed the following circular to United States Registers and Receivers and Surveyors General, establishing the rules which are to govern the operation of the act of Congress, approved July 28, 1888, in reference to Mining claims:? ^ DSTARTS 1ST OV !? I.TTBUOB . I Unnut Lut Ovvica. Jan 14. lint f <*? H9-JL ?'granting the right af 73* ?l?h ?* CM*1 ?w?*e over the public taada s^ysssa ASf.su 3SS \n the several mining dtstrieto, not la oonffictJmrS tows of the United Steles."It ?'--"I tm,* j?"!?' "! '**?*?, le aeqaaiat yourselraa with the local tnlnmg customs and usages in the district in which vos may be i? f??X&SW3S SftVS Receiver, and to be accompanied by a dia?K? SSt cu?^i?dWnL?s^M ?f tb" ia "?** -<"? orlodaof qnarts or other rock 1^^! bnSriVSf lad imn?v!!T.ri0r copper' h#Tla* previously ocounded' ?ulli ot m'^ri ?n"^he *? thr> >o??! custom or ruies 01 miners in the district where the seme la Min fP? lBg ?*pended in actual labor and improve lhW<KID AH Amount of not Iim than El AMI and 1. regard to whoso possesion rtemt. or opposing claim, it shall and mar be lawful for offir??15?*0C,*ii#r m "'?'?nettis to file in tha local land vfuco a diagram of tlio suuio mo ixi#n<fAH i.?a.i_ , invito Ai to conform to the local laws, customs nn"rui? I miners, And to inter such tract and reoeiva ? ....... therefor, granting such mine, together with the rlsht ?o SSSy?"*"" "nM" i""? ?31S~ Mining claims may b> entered at anv district i..h office In the Untied Stales, under this law by anv per eon or association of persons, corporate or Incorporate. In makinv the entry, however, such a descr.utiun of the tract must be filed u will indicate the vein or tods or part or portion thereof claimed, together with a dia' gmra representing by reference to ...me n.fnr.1? .rtl" and thf*lu!y*i l?a ,,0,,'"0D "Dd location of the claim can be wrertalncd ** ?? ????> bounds,e" | jtfirtt?In alt caaeft tbo number of i??t m i*n??k claimed In the vein or lod? shall bo stated in the .ipph'-a t*athl??i.Z "iT?111' ?"d ',?? liDOT limiting ihoffnah liauran. fjrf *,k ' "iJj**?8' be exh.bited in the wh2?nkt ^Jt KOOUr** or direction of euch end lines when not fixed by agreement with the adjoining claim. f"'s' or '*? local customs or rules of the miners of drawn w r,?ht ??(? ?? to the ascer tained oraimareat general course ol the vein or lodeT^ .Sccud?Where by tbe local laws, custom- or rules of miners of tbe district no surface ground m permitted to beocc.ip.ed for mining purpose*M^tfea^rtteTJr t'.e vein or lode, .Bd the wails of such vein or lodK unascertained. and the lateral extent of such rem or l?!da unanowa. It shall he sufficient, after 7k? doncriptioe and diattratn aforesaid. to state the ????* of such re,a or l^e ^not * ascertained by sctuel measurement. but that the said r -eh ?** "T the wall of uie betwed th? f round contained between tbe given end line* and the unascertained Wfi^ ? ve'n ?r liMe, and in suob caso the patent will issue for all tbe land contained betwesa such end dL ih '.iTh. ^ ???>?? and variations to any ridJd ?hi 5?.'!811 " ro,jr #nlcr ,h< Und adiolning, pw,. quantity shall lie equal to a h or iron on r t7 tb* g,v#n ,;n<* ?D<I the walls vi.li nob vein or lode .ih* ,wc*' '??% ???om. or(rules of taT.m?iJ. r tMr,Ct' 90 ?"fiare.grotind Is permlUed io Wh.\S7??J?r *"?"? purposes except the surface of i^elmi- I ?^?' Md *?"* of "u< h V0ln ?r lode ere ?ocenained and well known, such walls shall be named \h? de^r'Ption ??M marker! in the diagram. In . on ?il? i" tbe end lines of euch claim. b7 ti" cuatom* or rnlea of - district, n given quantity of surtax ground Purpona of minlna or milling the ore, Mm ?Foresaid diagram and description In tbe entry shall ?aI,nKi0lV! *'U| "Od looiude so muoh of (heetirlao* as ?.r?o^*S,dhr,0eh C",U,m, ?r ru,M th' di^-.f0 i?* ?T00* * uniform rules in any mining mini!??' Ing lb* at"00" of surface to be used fof tloo fifr rnin*?***" ?0tvr.1 ?0d P0???ble nee end occupa eridewes if orJn,,l,ly IPurpoees shall be regarderfaa I?s * ru*tom of miners, authorizing tbe same th? i.*.8r0?n? *? oooaP'od ?ud used in con section wit ti or.iode, and being adjacent thereto may be in QMded within the entry eforeaeid, end t^e diagram *mi embrace tbe mme as appurtenant to tbe mine. claimant or claimants desires to incluge 3'V"Mh- ?Uy end diagram anr eurfftce ground be. oun? !k aurtbee of the vein. It eball be necessary upon filing the application to furnish tbe Register of the Land ilh?? T pt??f of *** noMre, law or custom, under wiik-h "* OT 'bey claim each surface ground, and such eridenee may consist either of tbe written rules of tbe witrfj? Jbe district or tbe testimony of two credible witnesses to tbe uniform custom or tbe artoal uso and occupation u aforesaid, which testimony shall be re 'fa^ by the Register and Receiver and (Hod th??M?r ? ?l?r" 0m?* wUh ">? aiqdlcailoti, a record ho!d?; ,u ? ra,d* "?JWMemnlated under the first it ta ?y 'ha third section of the act ILiLIS? f"6 ,hllt up0? the Ol'ug ef the diagram as provided in the second eectloo, and posting the came , in e cnnoph'iious pleee in the claim, with notice ?LJnUlJtl?.B * W'l tor ? patent, the Register shall publish a notice of the same in a news paper nearest the location o^ said claim, which notice ?i^ ., ?,mB of e'Mmant, name of mine, names of adjoining claimants in each end or the claim, the district ?^ifyn'r wb.eb the mine is sttnated, Informing the L?J h iPi'bwMon has been made for e paient ror M.I>om.uol, noticelu his office it "bould no Mvemn claim have been filed ln ,^r<>mVh? 4ut"* ,b# ?"^ror General, upon application of the party, to survey tbe premises and MUeVihi U,*rnof' endorsed with his approval, desig. rJlii of ih"!^^ dr"rnp,k,n of 'ba location, ihe of t^e vem ex'r^ZdT P^0Te?e0lJ,? Md th# character As prellminaryii the survey, however, the { ?"?eel must eftinffite the expense of surveying, MM eecerwn from Mie Rerster MM onat ef ihe Surveyor platting public* Um of notlco, Am aaaennt of Ml of which must I poaiutd by Uie appbcant for survey with any Am united States ntMunr or daaignstod deposit.) flavor of Um United -tew Trwa<ir?r, to bo parsed credit of Um fond created by " Individual deposit, the surveys of public lands" Duplicate certificates of such deposits must Is With lbs Surveyor General for transmission to this as in the case of deposits for surveys of public uuder the lOih section of the set of Congress apt May 30, 18W, ana jomt resolution of July 1, 1864 After the survey thus {paid for shall have been e i ecu led and the plat tbereoi approved bv the 8ui General, designating the number and description i location, accompanied by bia official certuicate? value of the labor and ImprovenMuts and rbarui tbe vein exposed, with the testimony of two qy reliable persons cognizant of the facte on which h titicate may be founded, as to the value of the and improvements, tbe party claiming shall ft same with the Register and Reooiver. and ther pay to the said Receiver five dollars per acre f premises embraced in the survey, and shall 111 these officers a triplicate certificate of deposit sb the pa; meat of toe cool of survey, plat and notion satisfactory evidence, which shall be the leetimpn; least two credible witnesses, that tbe diagram add were posted on the claim for a period of ninety di required by law. Thereupon it shall be the duty Register to transmit to tbe General Land Office sau survey and description, with the proof endorsed at factory by the Register and Receiver, so that a | may (issue if the proceedings are found rcgqlai neither the plat, survey, description or patent shal for more than one vein or lode. Tbe unity of the surveying system is to be tained by extending over the mining districts lb angular method?at least so tar as township lis concerned. The contemplated surveys of the mineral lands made by district deputise, under oontracts aooort the mode adopted in ihe survey or the public inn private land claims, embracing in them all such v< lodes as will bo called for by claimants entitled t them surveyed. i In consideration of the very limited scope of ? ing involved in each mining claim, the pet n allowed by law may not be adequate to secure t vines of scienttte surveyors; and hence tbe necm resorting to n per diem principle, it being th? equitable under the ctrcumstencea. _ I the Purveyor General w, therefore, hereby ant to rommimioa resident mineral surveyors for d districts, wnete, Isolated from each other, ant lutely inconvenient for one surveyor promptly to to the several calls for surveying in such ties, the compensation not to oxoeet dollars per diem, including nil ci inrident thereio^such surveyors shall enu-r lnuj of $10,000 for the faithiul performance of tbein in the survey of such claims as the surveyor q may be required to execute in the pursuancel aforesaid law and these instructions. I The fourth seofton contemplates tne location an of n mine upon unsurveyed lands stipulating surveys of public lands to be adjusted to tbe tine claims according to the location and possession a thereof. In surveying such claims the Survey? ral la authorised to vary from the rectangular suit the nirrunteliiinut of the country, local rul and customs of miners. The extent of the li made from,and after the passage of the act sha ever, not exceed two hundred feet in length el vein for each locator, with an additional eiolin covery to the dleonverer of the lode, with the follow such vela to any depth, with all its dip ttoas ana angles, together with e reasonable qua surface for the convenient working of the same, by local rules, provided no person may make m oue location in the same lode, and no more lb thousand feet shall be taken in nay one alalia association of porxena ra The deputy surveyors should be scientific Me to examine end report fully on every lode ? survey, and to bring in duplicate specimens of ? one of which you will send to this office, and Ufl the Surveyor General will keep to bs ultimate)! over with the surveying archives to Ihe 8wie ? (ill, I The surveyors of mineral claims, whether la fl or unsurveyed lands, must designate these claB progressive series of numbers, beginning with m as to avoid interference In that respect with thfl I sectional series of numbers in each township, ? designate the fbur coraore of each claim, \ socn < I lines of the same are known, no that given, by either trees, if any an found stendtfcfl or any oorner rocks exist in piaoe, er posts nm diagonally and deeply imbedded with four <ldfl adjoining Maims, sufficiently flattened to adoH script ions thereon; but whore the oorner- are ? it will be sufficient to piaoe a well befit solid |H of the claim. The bSgtnoing t thepubll claim nearest to mi comers of the public to be Connected by coarse Sou disti to aeosrtnln the relative pBOillflO of to refsrence to township and' range, aaaao hare bean surveyed, but la thaw parts < veytag district where no such linear tended It will he the duty of nonrey the satea eurreyod and nwwksd, atls nod township Ham are amesrnsd. atXbe i allowed, so as to embraee tbe mineral regtoa 1 aset the nearest miasm of the sainerel comers ?f the public survey*. Should It, however, bo found Impraotw llsh independent base and meridian linen, orl township llnss over the region containing mil required to be sarverud under the law, then i care yon will cuese to bo surveyed In the fl sooh a claim, tbe Initial point of which will from a confluence of waters or such natural ncnt objects as will unmistakably identify I the beginning of tbe survey of the claim Other surveys wlU depend. Section I provides that in reosa where I Congress are silent upon the sabfect of rules I mines respecting casements, drainage and < sary means to the complete development of I the local Legislature of any State or Terrilor vide them; and in order to eratxffiy such into patents you are directed to oommunic laoa to this office. Sua 6. Should advene claimants to any i before tbe approval of the survey Ml furth ingi shall be stayed until a final settlement cation are had In the courts of Ihe rights of | such claim, except where the parties agreel men), or a portion of tho premises Is not f when a pateot may Issne as In other eases So tion 7 provides for snch additional land may be necessary; section 8 for tbe right < l.on 0 for the protection of rights to tho ui for mining, agyctiitural, manufacturing orl po-ea, Tor the right of way for the oonstructioir and canals, and makes parties construct,u| j a tor the I'Hs-ag-' of this act to the inju liable in damafea. Use. 10. Homesteads made prior to the [ set by cilixens of tbe United States, or per if c r. la red their intention to become rltlren lands no valuable mines of gold, silver, copper have been discovered, are proh settlers or owners of such homesteads right or pre-omptl n thereto in quantity I one liiinured and sixty acres at $1 26 per avail themselves of tho homestead act and act lory thereof. Section II stipulates that upon the sui lands in question, tho Hsoretery of the intern apart such portions as are clearly agricultural after subjects such agricultural tracts to pre-e sale as other public land* In order to enable the department prop oflect t) tills section of the law you will Dcputr Surveyor i to dsecribo In their field ql veve In addl'inr to the data required to be i ptiuled manual of surveying Instructions, < and IS, the agricultural lands, and represent 1 town-hip plat* by the doaigoation of lands " ft is to hf*understood that there is nothk on claimants to proceed under this statut where tliey (ail to do so, there being do adv they hold the anine relation:: to tbe promt be working- which the* did before the pt nut with the additional guarantee that they | right of occupancy under the statute. Tic IhngOtgg pre-nnts such views as hive | th'S office in considering the prominent p statute, and will be followed by further tn? the rulings in actual caasa and exponent.' ministration of the statute may from Mm# ? gest. Verv respectfully your obedient served Jt*. 8. WILUON, Comg To the I'nited suites R' gi-tera and Receive veyor's General A transcript embrar.iog a list of lands salt State of California for Internal nnpravem^ Stockton dhrtriCt, Including 440 separate ?wring lu tbs aggregate an are* of 74,78 been approved vesting the foe simple >n| (vrtffled tmnrcriptt 6f the approval list b|v miticd hy ths Commissioner of the Gens to the Governor of California aad to the offices at flUMktea. I'M ' ommiaaioner has just received from i General of New Mexico, returns of survey I ten Mexican claims in that territory known Pedro grant, containing S6.011 acres. Cant grant, ooataiolng 3,401 acres These grsr east of Albuquerque about mdway bet quenpte and -ante fe. The ComniisnKwil trinimitted to the Obmmisslonar of Indr* delivery to the parties ent iled to receive th dred and seventeen patents for W,nncb*go embracing an area of 16,008 acres in nine K Minnesota ffeflM lands were sold under! tV'ngress approved February 31, 1863, for tlj Winnebago Indians. Th irty cases of ths series under the prorf MA of Congress approved March 3 1865, ? sat for the relief of the occupants of tho ; ex-mift'don ol San Jose. In the State of CallfJ been adjudicated by the late Comra.mloner] oral Ijind ottl, e. The series comprise over I cases, embracing In tbe nggregite 27,5,1 Commissioner of the General land Office M pared for submission to tho Becr-tarv of thel approval lists of the sixty sections of lan/ tbs Msvaska office under the grant of Marcl Michigan and Wisconsin for a military wag! Governor of Wisconsin having cartload tn| Hon of ten continuous mile? of tho rea l the 'arms of the grant. Under ihe provisions of an set of Cong 17, 1864,lgrantltie the right of pre-emption 'i tiers on the Ranr.ho Balsa DetnmalS?, in I i Commissioner of the General I Ami (iffics ha all ths uncontested cases of the series, number over one hundred oases. h The Comratvstnnor of the General Tend i approved the list of Ihe selections, amo 11J aggregate to 1,001,011 acres of public lands La Bella Harlan Canal. The list Is now In perfection of a patent carrying a foe siuipl State of Michigan for land selection* Returns Just received at the General Tati< that 0,841 acres of the public lauds wsrei during December last, at the land nitre i Wisconsin. 4,601 tores of which were token settlers under ths 1ms teMsd t*