The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-10
Monroe for refusing 10 take the oath Of allegiance and
nquirng the statement was true in whole in part.
Tho department to-day replied as follows:-

NAVY DEPARTMENT, Oct. Q, 1851.
sR-Your letter OF the sh inst, relative to the news
paper reports concerning the OF the steamer
Fanny, has been received. The alluded 10
not at the time OF her capture in the service Of this de-
par'ment and has never been employed by u and the
same may be said OF her captain This department has
no knowledge OF him whatever, and have to
sappose that at the time Of the capture Of the Fanny
single person in any way connected with the navy
GIDEON wEILEs.
BARBARITY OF THE REBELS TOWARDS THE UNION PRI-
soNERs AT RICHMOND, ETC.
Drs. Homiston and Swan the surgeons who arrived
here last evening from Richmond, called to-day upon
Gencra Scott and tho Surgeon General and detailed TO
them all the facts in regard to the wounded prisoners at
Richmond, and also the facts respecting fifty seven
prisoners who wero released They detailed to the Sur
geon General the manner in which wounded have
been treated by the rebel authorities. They have suf
fered everything that could suffer the hands Of
the persons who had charge OF them. There now
about eight hundred prisoners st at Richmond Seven
hundred have been sent TO New Orleans and about two
hundred 10 Castle Pckney, in Charleston harbor.
1t decided to send Congressman Ely to
Castle Pckney, but they finally determnad 70
lot him remain at Richmond. Mr.. Ely's health was
protty good and he in fine spirits. Quite number
Of prisoners had been shot by the guard for looking
ont of the windows They not allowed any privileges
whatever and every day the rebel authorities
rigid and strict in their treatment
The following is the lst of wounded officers under the
care Of DR.. Swan while he in Richmond
0. B. Wilcox, Colonel First Michigan shell wound in
right forearm-wel Sent to Castle linckney.
James B. Ricketts,, Captain commanding battery, First
artillery, 0. s. Al gnnshot wound just above the loft
knee-slowly improving. At hospital
Hugh McQuadc, Captain Thirty eighth New York voun-
teers musket wound in left leg-ampuated dong we'll
At hospital
Elisha N. Jones, Captain Company G, Second Maine,
musket wound in dorsa region of spinal column; died.
Robert T. shllinglaw, Captain Ninth company, Seven
tyninth New York State Militia; musket in thigh;
compound comminuted fracture we'll At hospital
Leonard Gordon, Captain Company +, Eleventh Massa-
chusetts; wounded in back Sent TO Castle Pinckrey
Edward Jenkins, Captain Company r, Naval Brigade,
wounded in side and arm. Sent To Castle Pnckney.
r. NJ Shurtlcf, artist, London Illustrated Neacs, wound
ed through left arm and side. AT county jail
John Willis, Orderly Sergeant Company First artil
ery, Ricketts, battery wounded in left side AT hospital
John Mckenzie, Orderly Sergeant, Ninth company,
Seventy ninth New York State Militia; amputated right
thigh. A. Baltimore.
Harry Rockefeller, Orderly Sergeant, Company f. Seven
ty-rst New York State Militia; anputated left arm. At
Washington.
r. A. Worcester, Second Lieutenant Company D, Sew
cntyfrst N Y. S. NJ slight wound in right ankle sont
to Castle Pinckney.
John P. Euckiing, Second Lieutenant Company r, So
cond Wisconsin; wounded in left ankle AT hospital.
A. NJ Wood, Colonel Fourteenth cegiment n. Y. S. NJ,
Brooklyn. Doing well. At tho University Of Virginia.
Charlottesville.
Wm. Dickinson, First Lieutenant Company A, Third
Infantry U. s. A., wounded in right thigh. At hospl.
John w. Dempsey, First Lieutenant Company H. Second
N Y. s. NJ. shell wound on forehead sent to Castle
Pinckney.
B. Mouch First Lieutenant, Company +, First Michi-
gan wounded in thigh; died.
T. II. Bowden, First Lieutenant, Company A, Eleven III
Massachusetts, wounded in right side nurng liver died
Thomas S. Hamblin, First Lieutenant, Company G
Thirty eighth New York State Militia musket wound In
right thigh. Sent to Castle Pinckney.
james D. Potter, Major, Thirty eighth New York state
Militia; slight wound in legs. Sent to Castle pinekney
j. Ford Kent, Second Iie,tenat, Third infantry Of
United States; slight wound in leg. Sent to Castle
Pinckney.
Wm Booth, Second Lieutenant, Company C, Second
Wisconsin; slight wound in leg. At prison
CONFLICT OF MILITARY AND JUDICIAL JURISDICTION.
Brigadicr General Graham appeared before Judge
rick to-day to answer 10 charge Of contempt Of court,
in OBTAINING the niror Jeremeh Lyons in The camp Of
thu Twenty third Pennsylvania regiment after the Court
had, under writ OF habsas corpus ordered bis release
General Graham answered by ding affidavit dsayow-
ing contempt, claiming that he acted in strict conformity
with law, aud literally obeyed The order of h.s supe-
rior officer, and quoting in this connection
general order No. 10, cnanatiog from tho Ad,i-
tant Generals Office II is dated September T.
and says:Hereafter discharge shall be grained on
the ground Of minority. General Graham's counsel
argued that tho Court has jurisdiction in the case
being of purely military character, TO be deter
mined alone by the military authority the power Of dis
charge being specially vested in the War Department
The Court differed altogether from The argument main
tanning by the camors Of the multitude, and scdulousy
guarding against dangerous preccden,s, justice should
bo administered according the constitution and Laws
No political motives, reasons Of State, plea
Of necessity, could Justify disregard Of tie
solemn duties Of the Judiciary He showed that the
power Of discharging minors hy judicial process had ba
exercised in various States, net only during The War Of
1912, but since the Of the present civil
contest, and he himself had repeatedly exercised this
jurisdiction without any question being raised 10 the
proprety Of his course The solemn decision oi the
entire Supreme Court that tho military be
exempted from subordnation to the civil trbu.
nails, and at no time can q military officer pagge
himself from an Illegal act by quoting the order
OF his superior officer. Following tho example Of
Chancellor Kent in the case Of Commodore Charn
cey and General Lewis, the Court said that if,
BY noon to morrow, the minor, Jeremiah Lyons shall
not DC srcnuefco 10 the court to be dealt with accord
ing to law and to carry out the previous order the rule
for attachment against Graham for contempt Of court
shall be made absolute
PROCLAMATION OF THE REV TREATY WITH vENE-
xrELA.
The treaty OF amty commerce and navigation and for
the surrender Of fugitive criminals between the United
States and the republic Of Venezuela i officially pro-
claimed. Its liberal commercial, civil and religious
features calculated to consummatc its objects
namely, irrn invioabo aud universal peace and
and sincere friendship between the countries There
is mutual agreement that the citizens Of each
shall be prohibited from applying for or
taking any commission Or letters OF marque
to act privateers againa. the commerce Of either
republic from any prince state with which tho
United States Venezuela may be at 1t is also
cared unlawful for nny foreign privateers, who have
missions from any prince State in cnmity with either
nation W t ont their sns in the ports Of either sell
their prizes in any to exchange them; neither
shall they be allowed oplrchasc provisions, except such
as shall be necessary 10 their going to the next port
that prince or State from which they have received thcir
commissions.