New-York tribune., 1870-11-05
WASHINGTON.


SUPREME COURT-CHARGEs AGAINST THE
NEW ARMY EXAMINING BoARD-THE COMING
ELECTIONS DISCUSSED At THE CABINET
hEETING-THE SECOND AUDITORS REPORT.
lBY TELEGRAPH TO THB TRIBCSRI
WARRINGTON, Friday, Nov. 4, 1870
a., important cases are set for early hearing at
so december term Of the U. 8. Supreme Court. Tho
, e' nNoNes the consttutonality OF the Cotton Tax
Jaw, ana VIII be argued by Judge Curtis and Mr. Evarts
against the Government The second cno.rns ,bo cop
sutuuonahty OF the ConhscatIon acts This will he CON
uuo'o" w "esss curtis and Gushing against the United
o"fS' Inc tird comes upon writ OF error from Ken
tucky and involves the Civil Rights bi the .pecia case
being that OF white man tried In o. g conr, %, m.
murder OF negro Judge Black appears against tho
Government and will hold that IL Ia "a
try in u 8. Court citizen Of State for murder when
the State Courts open.
In the Supreme Court to-day the Attorneys Of Dennins
agt the United States, made motion that their case
which was dropped from the docket by mistake at tho
last Session Of Court be again assigned for hearing This
involves the constitutionalty Of the Legal Tender
act and brought up in order that the vote OF the full
Bench may be had and with the hope that the former
decision Of the Court may be reversed
Out Of "a officers already summoned before the Army
Examining Board Of which Gen. Hancock 10 President
II officers appointed from the volunteers, and nve
only graduates Of West Point. The West Pointers
g. c. Pummer, Captain, 7th Cavalry; @. p. Cotton,
Second Lieutenant, lst Artillery; f. NJ Merriman, Sec
Ond Lieutenant Ist Artillery; Jno Edwards, r Captain,
unassigned and Edward 9. Godfrey, First Lieutenant,
7th Cavalry There is considerable feeling expressed
here at evident disposition to shield and favor West
Point at expense Of officers Of volunteers appointed
into regular service 10 being alleged that these dis
ordinations made in every branch OF the service by
the cotere Of the Military Academy wherever can be
accomplished. Gen. Terry is the only volunteer ofhcer
on this Board. Capt. Kellogg, adedecamp to the late
Gen. Geo. H. Thomas, is Of the officers appointed
from civil life whose has been sent before the
Board.
1t is understood the impending elections the prin
cipa topic of discussion at the Cabinet meeting to-day
All the Secretaries present except Secretary De-
lano who represented by Assisantsecretary ott"
The Second Auditor has just submitted his Annual Re-
port for the fiscal year ending June 30 1870 The total
number Of reQuisons passed through the office during
the year 2,S42 involving to9oS,l5s rs, OF which
amount g7s "A cover Disbursements and ssi7o,-
1856 81 refundments, making the net amount drawn OUT
s2sss 1877 49, The total number Of accounts and claims
audited during the year 6 2s involving in amount
t57l37s 62 Among the settlements were 10 In favor
Of the National Asylum for Disabled Volunteers amount
ing to N,7OO346 H. The transactions OF the Pay and
Bounty Division, in which go large portion OF the
public Is interested, admirably exhibited in
a series Of tables, showing month by month the
progress of the various classes OF claims through the
Examining and Settling Branches OF this division Tho
total number Of claims received in this division was
A4o2 the number allowed. 3061 rejected, 22s6o max
ing the whole number disposed Of $3.50. The amount
involved in the certificates issued was seO77s 3d. which
added TO the amount paid to the National Asylum as
given above and to 2s II paid to the soldiers athone
shows that our soldiers and their heirs have received
during the year. through this Bureau alone, 52io2 H.
Over 1853 pay and bounty claims are awaiting the FUR
ther action Of Congress- being claims under the decision
of the Supreme Court in the Of The United States
appellants, agt. Hosmer. The Auditor fully explained
why no payments of claims under the aboye-named de-
cson of the Supreme Court has been made The gst o
the matter seems be that under the call Of the Pre
dent Of May 8, 1861 for 40 regiments or troops, so
bounty being promised to each soldier when honOraDy
discharged 50 regiments responded and were accepted
The authority OF the Executive to promise the above
bounty having doubted by the accounting officers,
the supreme Court decided in Hosmers case that the
iont resolution of August 1861 egaized the promise,
and the Government ought TO pay the bounty To the
40 regiments called for. Now the question is, Which OF
the 81 constitute the 4O This question was submttedto
the AdutanGenera who referred to the Secretary OF
War; who in addressed Congress setting forth the
dilemma and suggesting legislation to set the matter
right and Congress having responded the claims on
file remain suspended Attention is called to the raet
that numerous complaints have been received from
claimants in Europe Of unfahfulness and extorion OF
their agents. and the Auditor recommends that Oil caps
for pay bounty &c. be required by law to be presented
through the u g. Consuls, and that payment be made
through them He thinks that this method would
eectuay secure claimants against what they complain
Of and the from imposition by fraudulent
claimants.
Advces received direct from ChiefJustce Chase state
that his recent illness very severe, but he Is
convalescent and rapidly recovering, and Will return
here by January l. to attend to his official duties The
health Of Associate Justice Nelson's also much improved
and he will be here time attend the December Term
of the Supreme Court -
secretaries Robeson. Boutwell,, and Creswel leave to-
morrow their respective homes, and Will be absent
until after the election is over.
During the month OF October the following Revenue
aoli. y,
$2,7O0,592 80; whisky stamps H0sW, Vaiue' sSoos"'
beer stamps, 100000, value, e520,026
GENERAL PRESS DIsPATCHl
The Secretary OF the Navy to-day received letter from
C. H. Wells commanding the Shenandoah dated Lisbon,
Oct 12 in which he says the vessels had saereeaDe
yoyaee of 80 days Boston, She under sail most
OF the time, having used steam only on occasions when
The cyclone OF the llth ana lfth OF
september was the severest the commander had ever
known during years experience. The shenan-
doah he says proved herself excellent vessel In every
respect.