New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-10

uneu orid he accented with pleasure, and he
-,ould receive commission as maJor-General beln8
ths same rank which was conferred on Gen. Lafay
cite in the Army in the Revolution: Gen. Carl
baldi upon CONSIDERATION % 'ne suoJee'' Las eUn-
Irded not 10 offer his services at present. but thinks
ne nav nv ard by. revisit the United States.
THE CASE OF GEN. GRAHAM.
R-;o Gen. Graham appeared before Judge Mer-
r;ct today 10 answer to charge of contempt OF
Co,rt IN OBTAINING the minor Jeremiah Lyons. in
the camp Of the 23d Pennsylvania Regiment, after
the Court had, under a writ Of hsbeas corpus, Or
dered bis release.
Graham answered by filing an affidavit disavow-
ing contempt claiming that he acted in strict con-
fOrmity with the law and literally obeyed the order
of his superior officer, and quoting in this connection
General Order No %, emanaling from the AeJutan'-
Generals Office. II is dated Sept. 7, ana says
Hereafter no discharge snail be granted on 'he
ground of minority"
Grabam's counsel argued that the Court has no
jurisdiction in the case it being one OF a purely
military character, TO be determined alone oy the
military authority, the power Of discharge being
specIajl,. vested in the War Department.
The Cont differed altogether from the argument,
maintaining by the clamors of the multitude, and
ssdalously guarding against dangerous precedents,
Justice should be admins cred according to the Con-
stitutiOn and aws no political motives, reasons
of State no plea of necessity could justify disre-
gard of the solemn duties Of the Judiciary.
He showed that the power of dischargng minors
BY judicial process had been exercised in various
States, not only during the war of 1912, but since
the commencement of the present civil contest, and
he himself had repeatedly exercised this jurisdiction
l. 81
of his course. The solemn decision of the entire Su
preme Court was that the military cannot be ex
empted from subordnatiOn TO the civil tribunals anC
al no time can military officer purge himself from
illegal act by quoting the order Of his superior Of
fcer.
Following the example of Chancellor Kent in the
case Of Commodore Chauncey Fnd Gen. Lewis, the
Court said tLat if, by noon tomorrow, the Manor
Jeremiah Lion. shall not he surrendered to the Court
to he dealt with according TO law. and to carry Out
the previous ORDER the rule for attachment against
Graham for contempt of Court shall be made abso-
lutte.
WINTER CLOTHING FOR REBEL PRISONERS.
Permission has been given TO VIM. +. Martin,
who was in command at Haueras, aud is now in con-
fnement, with bis 200 associates at Fort Columbus,
70 furnish Winter clothing for the prisoners, with
funds to be received by him from North Carolina.
THE CASE OF CAPT. MORRISON OF THE FANNY.
The Hon. John f. Potter. Chairman of the lnves-
tigating Committee of the House Of Representatives.
Oh the Sth inst called the attention Of the Navy De-
partment to statement in the newspapers that Capt.
j. II. Morrison Of toe steamer Fanny, which was re-
Gently captured by the Rebels of Cape Hatteras, was
imprisoned at Fortress Monroe for refusing to take
the oath of allegiance and inquired if the statement
was true, in whole or in part. The Department TO-
day replied as follows
NAVY DEPARTMENT, Oct. Q, 1861.
SE Your letter Of the inst relative 10 the newspa
per concerning the master of the steamer Esnny ha
The steamer alluded the tune of her capture
H. the service OF this b rtntnt and has never been Gu
Depar has knowledge Of him whatever and heye
no suppose that at the time Of the espuIe Of The
Fanny single person in wsy connected with the Navy
was On board Of hsi '''' GIilbbEEoN wELLEs
sPECULATING QUARTERNIAsTERs.
]. W. Grimes of Georgetown has been arrested on
tie charge Of purchasing Government property Of
Quarleruas,ers, &C. which they bad no right to
sell 1t is said that his books have been kept with
such precision as affords clear proof against the
parties implicated.
ARRIVAL OF RICHMOND PRISONERS.
This morning priyatcs Pratt aud Woodbury., two
of the - prisoners released from Richmond arrived
in this city ard passed to their regiment, the I'd
Vermont.
NEW LABORATORIES.
Three new laboratories on the site Of the one blown
up are nearly completed at the Washington Navy
Yard, and foundations for a fourth have been laid
CONSUL AT NANTES.
The President has appointed John De La Mon
tague, of New-York, United States Consul at Nam
tes, in France.
OCCUPATION OF TOWNSVILLE.
About o'clock this morning the division under
the command of Gen. Smith, at the Chain Bridge,
advanced and occupied prominent positions in the
neighb orhood Of Lewinsville.
On the advance arriving at Langley's, the hith-
erto outposts of Army the division was divided,
a portion Of them continuing up the Little Rock
Run turnpike and occupying Prospect Hill; the
ether palt of the division taking the new artillery
road, and occupying Smooihs and Maxwells Hills,
q mile and half tits side of Lewinsyile. The
batteries were drawn up in prominent positions and
tie infantry placed in situations to support them
After remaining for about hours, waiting in vain
fof the rebels TO make an attack, in fact inviting
them to it our skirmisheIs advanced and occupied
Lewiusyille, the rebel forces retreating
Lewinsville will be retained as well as The other
positions taken by our forces to-day.
OCCUPATION or MINERS HILL.
portion Of the troops under Brigadicr-Gen.
Porter also advanced and occupied Miners Hill, to
the right Of Falls Church, and commanding that
village and Barretrs Hill, which latter is now in
possession Of the Rebel pockets.
sKIRausH NEAR FALLS CHURCH.
I'll off, FAINT RarupY