New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-04
RUSSELL, MAJOR & WADDELL'S DRAFTS.
rms ATTORNEY GENERALS ADVERSE OPINION

sricksoure reports the sound of heavy and continu
Gus caunonsding in the vicinity Of Richmond during
all last night and this morning. The cannonading
during the recent fighting before Richmond has been
distinctly heard at Fred rcksburg, and III some H.
stances accurate idea Of the position and strength
Of the artillery has been gained from the sound.
Tie same Colonel reports that during all last even
ing tho Sly over Richmond was strangely Illuminated
With brilliant. lurid light, and that this morning
the whole country was vailed with cloud OF dense
smoke which must have proceeded from large
conas.iat.on
.CONFISCATION or PROPERTY OF Llot uR->tL-
LERS Al MANASSAS.
A o spstcl from your special Correspondent at
Manassas Junction dated to-day, says Capt. Jenkins
of the l!h Pennsylvania Cavalry, Proves Marshal
At tie Junction. has, within the past week, conhs-
Gated tie horses. wagons and entire stocks OF about
t,yeniy psddlers who were caught smuggling liquors
INTO ,lr camps. The country in this vicinity Is
nearly nd OF these sconndFeis aad much lees riotlng
and haaiiuc is heard Of among the troops.
REPORTED MOVEMENTS or REBEL CAVALRY.
Repoi.s are current of Rebel cavalry having been
seen ~ the vicinity OF WarrentOn, bni they cannot
6e Traced to Trustworthy sources. reconnaissance
isto be made in that direction 10 asce sin he truth
Another account. published IL TIE .Sior, save
A scouting party FROM Catlett Station roooeded
toward Warreuton Yesterday, and on reaching hat
place 10 nd II occupied OV about zoo Rebel CdNa y
Inform ion vas obtained that wheu5ver Union
man apneared in that neighborhood the Jells We're
rung, aud before he il aware OF the meaning 81 the
slarIn he IS Iakea prisoner and conveyed 90 place
of secWly.
SURGEONS FOR THE PENINSULA ARMY.
SDr2eon Gen. Hammond and thr,y-siX surgeons,
hom Now.York, Philadelphia, ana Washington,
.tsrteo Tor be Army Of the Peninsula to.oav. D..
j. NJ Tbroop of New-york bias been appointed
Assistsn, Surgeon in the United States Army, and
ordered 70 duty at Fortress Monroe.
P0sT-OFFICE Al WASHINGTON, y. {.
The Postmaster General has ordered tie re-
establishment Of the Pos,-Oiice q; Washington, n.
n, and mas appointed Richard r. B.hardson Post
master there
THE CONFiSCATION BILL.
The House to-day, anticipated, non. on
CURED "a the Senate amendment, i'll the nature o. a
substitute 10 the House Coniscation bill and sent 1t
back 10 the Senate without asking for Committee
Of Conference The majority by which this motion
was carried was us. OF the eight members who
votsd sqainst it, hut three, we believe, NessIs.
Diven Of New-York and Delano aud Tram oil
Massachusetts were eec,ed as Republicans.
THE TARIFF.
II. up0errood that the new tariff, passed by the
House. will je reported TO the Senate on Saturday
or Monday. But few amendments, 40 we are H.
formed ls7e been mace by the Finance Committee.
Isis esliaued that this amended tariff will produce,
when all ne ports in The United States opened,
not far ION 100000 600. The receipts from the
vreseut tsria for the past xix months, are, I'M
derstand between g., 900 and So 100000.
THE RUSSELL, MAJORS q wADDELL DRAFTS.
The opinion of Attorney General Bates against
the validity Of the acceptances given by Floyd 10
Russ,D. Majors & Wsddcl now held by Pierce &
Bscn. Of which we tclegraphed you the most inn
potsut points, has been published in pamphlet Of
fifteen pages
after adye7ting to the fact that the Secretary Of
War hsd referred the claim in question without &C
conpanyil = il with ely case made, or ttal ement
a facts other than those furnished in The report o.
aSpeGal Committee OF Congress, certain ie'teFt 81
Fierce a Bacon and the arguments Of their eolh'i'
Mr. Baes saws inst the following facts apreai Win
,uffcieut clesrness aud are uncontradlcod.
First. That ku.se.l, Majors, and WadGeil lad
contracts with tie War Department, for trans oria-
zion TO large amo1Et. from Missouri and hansls 10
Utah and other places IN the far Hes' iha' those
contrAots stipulated Tor payment by tLc Govern
Inent by iusaments, or rather rlcCessl'tI ~
rs the money should be earned ny
the performance Of the work, and thal ne money
paid under the contracts, rom Nhe 10 Ile a. ),
manner by the quaTtermasters al bedVenWorM anu
Washington city respectively.
Second: That Russell, using the name o. his lr!ni
drew great many money orders and 70 very
large amount upon the hen Secretary Of ar, Mr..
FLOYD, and that Mr.. FLOYD accepted them mat they
were 80 drawn and accepted without any design o.
expectation that they should ever he 10 me
War Department for payment, that they were
drawn not upon money already earned, but IN anu
cipatiOn Of the contracts, and Tor me purpose o.
enabling Russell TO rase money. and tnat D. was u
ierstoOd and agreed between Russell and fCyd thal
Russell should take up The acceptance az maturity
and retire them from the market, and thai lie &c
ceptances now held by hessrs. PIERCE y Bacon, and
which form the basis q their present caim are Of
that class.
The Attorney General proceeds 10 argue al some
length what he cals the governing question IN
the case" viz, whether the Government, is under
legal obligation to pay these drafts on he ground
that they are commercial bills of exchange accepted
by the Government, negotiated in open market. snd
now held by innocent purchasers and answer j. in
'be negative.
He then examines tie question whether Mr.
fioyd, az Secretary Of War, and, in that capacity,
's agent Of the United States had authority 10 ac
eep' these drafts as 10 bind the Government and
maintains that he had such power; that 1t did not
Delo"g 70 him a general power Inherent IN hls
once, OF incident to the discharge Of any duty I'M
posed upon him by law, and that Il IL forbidden by
statute.
lie takes the ground that the whole theory and
practice OF our Government ipculcste tie general
principle that no officer, from the President down 10
Discussing Clerk, is entrusted BY law witt unlin.
tied power over the money aud credit of The nation
N .,.tl.x- Ia