The New York herald., 1871-10-28
WASHING ON.
Colonel Stokes Method of De.
frauding the Treasury.
Congress Made Use Of to Garry Out
the Scheme Of Plumber.

WIN. NJ Evarts Appointed American Counsel ID
the Geneva Conference.
WASHINGTON, Oct. 27, 1871
Astounding Catalogue of Crime-SystematiA
Frauds Upon the GOvernment.
The newly-dlscovered frauds upon the govern
ment in which ex-Congressman and Supervisor
Stokes OF Tennessee, bore q prominent part In
only one among too many illustrations OF the man.
ner IN which the reckless military legislation OF
Congress- dictated and controlled by dishonest ana
lobbying members Of the lower House. through its
Military Committee, has voted away since the close
OF the war thousands upon thousands OF dollars
from the Treasury in payment OF persons and
services that have no existence except IN the un.
truthful and cunningy-w0rded preamDlcs oiltnese 80
called private acts and resolutions. The recent
acts OF Congress OF this kind are the vehicles q
fraud and deception 70 sn alarming extent Had
not been owing to the possibility Of legislation 81
this kind the Stokes case would not have occurred,
Is evident from glance at the legislation upon
which the fraud was founded. Private act no.
96, passed July a. 1870, having peremnt-
Orily declared upon no other authority
than its own terms, that q certain David
Beatty, of Tennessee did, at particular date early
In the war organize company OF scouts, num-
bering exactly 102 men, which was continuously
engaged TIL the end OF the war in suppressng tine
rebellion under the orders OF the commanding on
of the United States in Tennessee, without
being mustered into the service or having been
paid cent of compensation, proceeds to recognize
and declare Captain Beaty's company "a
a part OF the army, and as perempt0rny
directs that they receive the pay allowances aud
pensions OF cavalry regularly mustered in on proof
Of active serrice. But this latter provision was
only introduced 10 hoodwink any legislative eye
which might be on the alert, and would have cer-
tainly defeated the end in view when the proof OF
service was required by the War Department, an
other proviso declares the proof Of service TO be
roll OF the company, 10 be made up iva
years after the close OF the war. ia
make this roll effective for all the
swindlers iJ was only required that 1t should be
sworn to by the officer S, who to be the largest
sharers OF such part OF the spos Stokes and his
conederates had not already allotted TO themselves
To determine the amount to be paid to each soldier.
as the act designates these men In buckram, 1t was
only necessary TO nle his purported afiidavit
OF the time he had served. Surprising az
II VIII be to all outside the government
bureaus TO see on what easy terms no less than
$ll o2e be drawn from the Treasury, this act u
but an average sample OF a great many similar en-
actments varied in terms, numbers, Names tocall-
ties and amounts to divert suspicion, that have
been rushed through successive Congresses, espe-
cialy through those OF which Stokes was men,
Der, against all reasonable probability, the record
evidence Of the Adjutant Generals ONCE and
the earnest protests OF the War Department.
Tse War Department mas again and again
declared in the strongest terms that could properly
he addressed TO Congress that IL had beei invested
by general laws, OF even Injurious liberality. With
ample authority to compensate according ia
his merits every man who had ren-
dered any actual military service and
that 10y The special acts passed. at every
session. In disregard OF its reports and often with
ouI It's knowledge every distinction between those
VINO had been under arms and those who had never
borne them at all was being efaced, and a broad
and inviting thoroughfare opened to any unscrupu-
lous aiventurer who chose TO force himself beiors
Congress with fictitious or exaggerated deciara-
ton OF unpaid services during the war
The Case OF the steamer Hornet.
Sehor Roberts, the Spanish Minister, is expected
here Tomorrow to confer with the Secretary OF
state In regard TO the OF the Hornet The Hay
tien Minister protests against further delay, his
government Is tired Of the vexatlous presence Of
the suspected vessel i'll tnelr harbor at Port au
Prince. The question 10 be settled Is whether tho
Hornet is American vessel, and II so, what steps
II oe determined by the Secretary Of State thar
the Hornet is entitled to the protection OF the United
States. The Spanish Minister will be advised OF the
fact and respectfully requested to communicate tho
intelligence TO his government, that further at
tempts at seizure may cease. II her nationality In
questionable the iaytien Minister will COM
muncate this fact to his government and
the Hornet will he ordered to leave Haytien
waters at once The question to be decided is .
.lrfy
toward American vessels sailing under proper
papers 10 engage in carrying arms and munitions Of
war to the insurrectIonary enemies OF another
Power, and our responsibility Spain for Tie in.
fraction OF our own neutrality laws. Tha
trouble IL between our principles and our
practice. ana a. we are anxious to pro-
tect the Hornet can only do 1t by
telling Spain that II an American vessel Is found
supplying arms 10 the insurgents IN Cuba there can
be CAPTURE after the offending vessel has escaped
TO neutral and put herself under the protec-
tion OF the American navy.
Cnitcd States Counsel lie ore the Geneva
Conference.
William NJ. Evarts, late Attorney General, aaA
Benjamin Il. Curtis, late a Justice OF the supreme
Court, have been appointed counsel for tho United
States before the tribunal to meet In Geneva on the
alabama question" Mr. Evarts accepts the ap-
polntmeuL Judge curtis Is expected home from
Europe within few days and the appointments
awaits his return. Mr.. Gushing. Of Massachusetts.
and Mr. Meredith OF Pennsyivania. had previously
been appointed; Mr.. Cushing has accepted 'hs ap-
pointment, and MIR. Meredith has declined rom
inability as 1t IL understood, to make the sea
yoyaue at an inclement season OF the year. IL u
expected that Judge Curtis will accept IN WINCH
case the government Will be represented before tho
tripunal by Messrs. Gushing, Evarts and Curtis.
Personal Intelligence.