The New York herald., 1870-10-15

Tho Ohio Election The Manner In Which Gem
erel schenck Was Defeated-The Govern
ment In . Quandary-Ths Leo
Estate at Arlington.

| Eztats ct Arlington.
WASHINGTON Oct IA. ls70.
| The Administration In a Quandnry-COn.
| gressman Jcnckes' Patent Law BIupder.
| Since tho expose OF Mr.. Congressman Jenckes Ia
nous new Patent law blunder he has been striving
| very hard to roohpooh the whole matter as very
small thing. which can have no serious effects upon
the administration Of the country. lie has gone to
| some pains to make public statement defending
his action and sustaining the bill all right, not
| wlthstanding the newspaper structures and legal
condemnations far and wide. Increased interest is
| being felt in this matter now, from the fact
that case has been raised before Commissioners
Williams, In your city, involving the construction
and Interpretation OF the law. The cas referred to
ID that OF John Miler formerly clerk In the SUBJ
Treasury al New York. who was under examination
charged with forging o check on the Sub-Treasury
Tho counsel for the accused consendcd that no
offence had been Committed as the statute orgau!z
Ing the Sub Treasury had been repealed by the new
patent law before tae commission OF the alleged
forgery, and there being 10 legal Sub Treasury,
there could be no sub-Treasury checks to
DO forged. THIS brings tho whole subject to
test more speedily than was anticipated,
and confirms the grave predictions made by your
correspondent from this point weeks ago. II is be-
leved that the Attorney General VIII Issue Isiruc
tions to the District Attorney in New York to hold
the offender In any event. In federal custody until
| such time as proper examination OF the matter
may be made. Now, this is to be done providing
Commissioner Williams should conclude to discharge
the prisoner so far as his own jurisdiction over the
subject is concerned The point raised by Assistant
District Attorney Pusdy, that whether the sub
Treasury law was repealed or not Mr.. White, the
cashier was an agent OF the United States. perform
Ing duties that lad been recognized by custom and
usage as such agent Is considcred good one, that
can be fairly sustained by the courts. The decision
OF the point is awaited with great interest.
General Lees Estate nj ArIingiou. T.
Tie death Of General Lee has brought into dis
cussion the subject OF the governments possession
OF the Arlington estate, opposite this city, formerly
the property and residence Of General Lee, and
which, 1t has been supposed was held by the United
States under the provisions Of tue conscatlon laws
In this connection the Eccni1tg star. of This city
to-day publishes tho foowing:--
II is supposed by many that the government holds
possession OF Arlington by reason OF the Conusca-
lion act, according the provisions OF that law
the title can only be vested in tie governments dur
ing the lie OF the party who engaged III the rebel.
hon: Hence II Is said hat Arlington now rsycrls 10
the heirs OF General Lee Such not the case, how
ever rs the property is not he'd under the CoDIsca
tlon act, not having belonged to General Lee At
The death OF Mr.. Cuss Lille interest i'll 1t was be-
queatled 10 Mrs. Lee ms daughter, and at her
death 1t was to be his grandsons, Custls aad FitA
cuniulated during The rebellion i Was sold therefor
and purchased py the government Thus It WILDE
! seen, It Is held Dy virtue OF TAX Tue.
Subsequently efforts were made TO redeem 1t by pay
Ing the amount OF taxes; bur- 50 far, have been un-
successful, and the title Is stu vested ip the govern
| ment by virtne OF the tax sale alluded to. AS tho
| Arlington estate has now been converted into
great naticna! cemetery and is filled with the bones
OF those VINO fell In the war OF tho rebellion 1t can
not well be used FOR any other purpose and It's Pos
session could hardly ba deS rable TO the Lee family.
Destruction of Counterfeit Bank Note Plates.
The committee appointed by the Secretary OF Tie
Treasury, consisting Of Acting Comptroller Knox,
Assisian, Solicitor Robinson and Messrs. Moore and
Hammond, OF the Treasury Department to-day wit
messed the obstruction at the Navy ard Of large
number OF plates and other material captured from
counterfeirers, and which had been used by them IN
| counterlcitng money ana stamps; also the plates
dies &C., OF The fifty cent fractional currency note
| Of the fourth issue, FIRST series. The committee
| at the same tlme witnessed the destruction
| in the same manner CT the face ana back
plates dies, bed pieces, rolls &C., OF the i've dollar
notes OF forty nine national banks which have failed
or given notice OF liquidation, which plates were
engraved by tie Continental Bank Company. The
amount OF steel plate dies, rolls &c, melted III the
| presence Of the committee was between tnree and
! four tons.
/ Tic Dcfaulfing Naval paymRsfers.
| Western paper lately attacked, very severely,
| the Navy Department for failure prosecute de-
faultpg navy paymasters, whose operations, within
| few years. are said to have cost the government
| upwards OF two millions OF dollars an inyestiga-
ton as where the responsibility should really resi-
develops the fact that the Navy Depart ment Is not
responsible II has never been the duty OF tie naval
| solicitor look after the cases Of de-.
lnquent paymasters. Under the act OF
Congress creating the department. OF Justice
the Naval Solicitor has to perform only such duties
cd Ia Iyf ma
Before that act took effect the Solicitor and Naval
Judge Advocate, as the Naval Solicitor was then
called performed only such duties as were assigned
him by the Secretary OF the Navy. He had no ON.
cial knowledge Of any matter which was not OIL
cialy referred to him by the Secretary Never was he
guilty OF any delay or negligence In the performance
OF his duty and examining reporting upon the law
and the facts in all cases submitted to his churge
The Naval Solicitor has never had any ofcial connec
tion with the conduct or accountj or naval paymas
ters who report TO the chiefof the Bureau OF Equip.
ment and Clothing aud to the Fourth Auditor Of tile
Treasury. Whenever it appears that pagnlaster L,
delinquent it Is the duty OF tie Secretary OF tie
Treasury to Institute proceedings against him and
the sureies his official bond. Neither the secre-
tary OF the Navy nor the Naval Solicitor has or had
any connection with the matter
Extension of Design Patents.
There are pending in the Patent once u number
OF Of applications for the extension Of design
patents serious doubt has arisen az to whether
in the present state OF the law, the Patent once has
the power to grant extensions In such cases. Pre-
ylous 10 July q 1861 design patents could be granted
for no longer time than seven years, but the more
recent statute has provided that such patents may
be granted for the term OF three, years and
SIX months or Tor seven years. for
fourteen years There are now Two classes of
applicants for such eltensons-First. those who
had taken design patents previo1s to July 2, 1851,
and second, those WHO had taken design patents
since that time for periods oless than fourteen years.
The section Of the law under which the rst class Of
such applications are made is as folows:--
That PAT entees OF designs issued Dror to March ?,
1S6I anall be entitled cXlpn siu or Iiair respnC.