The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-18

sufhcent
Mr JoNEs-You don't know wheit was'
Aar. WALLis-l do not.
MIR. JoNEs-Wss present
Mr.. WALLIs-l don't recs'lect whether IL was before
after you came after you had gone.
MIR. JoSEs-You heard nothing from me-
Mr. WAILIs-l did not
MI JoSrs-Nor from any person through me
Mr. wALLIs-Nor from any person through you.
MIR JoSEs-Nor at any tmel
MIR WALLIs.-Nor at any time. He then left the
stand
Mr. JoNrs.-May it please the Court Col Benton
relies on his character as peaceabe citizen, and is
not disposed to be compromised by giving bonds where
there is no evidence whatever against him
The CoURr, (after a pause)-Col. Benton has been
arrested upon warrant issued by magistrate, and
required TO give bail, from apprehension that he
was about to engage in an affair OF honor-hsn.lng
duel He has al piled to the Court 20 issue writ or
habeas corpus which has been done The question Is,
whether the Court shall hold him TO further bail on
the evidence which has been submitted. think that
MIR Wallace deserves credit for the course which he
pursued in the endeavor to prevent hostile meeting
between members of Congress- or between any persons
The action Of the magistrates to prevent collision,
is dabe but II Is not in the legal power of the
Court or that the magistrates to hold an ybody to
bail on arrest unless clear and proper EVIDENCE
Preventing crime is of mucg consequence and it is
perhaps better, generally speaking that magistrates
than wait until crime is committed The law, as
take II to be, however when a warrant has been
issued makes 1t the duty Of the magistrates to
examine (unless the crime be committed in their
presence) whether the crime has been committed
and into the cause and probability of suspecting a
crime; and II is the duty OF the magistrate well
slider the evidence sworn to. So far
from finding fault with the magistrates in this case /
commend them II the Court had any ground to go
on II would hold Colonel Benton to bail but there is
total absence Of everything like proof. Whatever
might have been intended on either side, the Court
knows nothing but that quarrel excited language
occurred in the Senate chamber Subsequently, there
was not one act of Col. Benton on which the Court
could lay its hand In of crime actually CON-
mittS d the Court discharges habeas corpus
the writ granted only when il does not appear from
the evidence that the party has committed the crime
The quarrel did take place in the Senate chamber and
language was there made use of which, no doubt, all
parties regretted Beyond that there nothing what
10 hold Col Benton (You may hang the best man
in be community il you take the opinion of some
ple) Therefore, Col Benton must be discharged
1.-THE above is the substance OF the opinion OF the
RMr RApcLrFrE-I have not been able to any evil
The CouRr-Ifthere was any, we would hold him to
bail
An adjournment of the Court was then announced.
WASHINGTON, August L. 1s4s
The Sacrifices ofa Congressman Stationery-Mending
Of Trousers-.4 Vessel from misunderstanding
Walker, etc.
We have heard members not unfrequently complain
OF the sacrifices which they make in coming to Con-
gress II must be in character for the pecuninary
part is not to be despsed. Computing Congress, a
long and short session. to be fifty weeks, at eight dol
a day'a member receives in per diem, $4,000. II he
live far off from Washington the Louisanians
the Texans he receives about So 900 mileage the two
items 81 500. The expenses Of years living in
Washington 81 900, and actual travelling fees $500,
leaving $63o0 $4,000 for the sacrifice. OF course
other members living to the seat of govern
ment do not receive much; the great gain being in
the overpus of mileage. Besides the above mention
ed, new members receive $3.50 worth of books Be-
tween $4,000 and $4,000 will be thus expended by the
Clerk during the recess. Twenty-six dollars al
lowed for stationery for long session; this arrange
ment was made to prevent /" steangsn 1t is well
known at the capitol, and should be to the country
that not few Of the members have for some years
paid their taors bills with check the postmaster
under the plea of stationery furnished This is al
most if not quite, as bad the charge of Governor
Marcy although he asked but fifty for the seat
of his pantaloons in the public service. The people
good natured, and make no complaint of their
presentatives for oyerpaying themselves but it is
their duty to hold them to q strict accountability
Georgia member in the presence of others raid the
Saturday before the adjournment, that the people
in their majesty, and tumble the members neck
heels cut And another, from Missouri, remarked in
speaking of the change which his conscience had un
dergone that when he first came to Congress, he
would not even write letter on government sheet
of paper to his wife.
There is on the stocks, at Easbys shipyard a ten
gun brig, built at the expense of the government She
has Der mass in and full rigged and will be ready
for launching on Saturday. Wewere repaid for two
hours walk, in the hot sunshine, by sight of this
beautiful vessel She is INTENDED for the revenue
vice, on the coast of California Captain Alexander
Frazer head Of the marine, is to out in her,
the treasury department in operation in the far
off country more persevering and tale nted man in
this branch of business nowhere be discovered.
Secretary Walker little better in health to-day.
His physicians that he must to watering place.
and that Cape May would be beneficial The Presi-
weeks leaving MIR Buchana possession of the gov
eminent
day, in consequence of wounds received by the
ploson Of percussion powder, at which he working
on Monday, was buried this afternoon.
We saw but one solitary member Of Congress in the
FELIX.