The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-03-20
WASHINGTON.
THE ARMS INVESTIGATION.
The Examination of Mr. Squire.
The New York Custom House I'M
vestigatiOn.
INTERESTING TESTIMONY.
The Ku Klux Cases in the Supreme Court.

arms committee to-day. He testified that the
arrangement between the French Government
and the Remingtons provided for an allowance
OF five per cent commission for whatever arms
were bought. Judging from all the facts the
witness inferred that the RemingtOns were COM
mission merchants and not agents for the
French Government in technical sense. He
was asked what was the purpose of his showing
to Gen. Dyer the dispatch Of 10Th of October,
1870, from which Secretary Belknap inferred
that the RemingtOns were agents of the French
Government. He replied that he wanted to
convince Gen. Dyer that there was no reason
for delay in making sales SO as to allow outside
parties to come in. His purpose was to get the
arms at once. After the order was issued that
no arms should be sold them, he had no recol-
lection that he consulted with middle men.
Did put in another bid after the order was is
sued, namely on the 18th OF October. 1t was
not Then generally known that the Remingtons
had been ruled out, and he did not care to have
the fact known. In answer to questions by Mr..
Schurz, witness said w. S. Smear was connect
ed with the Ordnance Department. He was en-
six months leave; meantime he was in the en-
ploy of the Remingtons, having temporary pro-
visional connection with the firm, and was con-
sidered to have full knowledge of arms.
Smear resigned his Office at the termination of
the leave OF absence. rs
Senator Logan remarked that it was custom
airy in the War Department to give leave of abb
sence to officers who intended to resign. ~
During his further examination witness said
he believed at the time that the arms purchased
by Richardson would eventually fall into the
hands of the Remingtons. ta-aats
NOMINATIONS.
The President sent to the Senate to-day the
nomination of Francis Thomas, of Maryland,
to be Envoy Extraordinary and Minister Pleni-
potentiary to Peru. q go .ssae ,srsf
The President sent to the Senate message
Withdrawing large number of nominations OF
officers in the Quartermaster's Department
which have been pending for some time, the OBJ
Ject being to await further examination of the
legal questions involved.
EXPORTS AND IMPORTS.
The following exhibit of exports and imports
for the calender year of 1870 is furnished by the
Bureau of Statistics 1.-THE values are all ex-
pressed in cie):-Imports of merchandise,
$572, sos, 314; specie and bullion, $17, 1899, 415
total, $589, 908, L29. Exports of domestic mer-
chandise, $445, 542, 6O7; foreign merchandise,
1874, 789, 007; domestic bullion and specie, $685.,
632 342; foreign bullion and specie, $12, 009, 12S
total exports, $685., $1,000; excess of imports,
SOL, 935,645.
PROVISION TO RECALL BONDS.
The United States Treasurer to-day sent to
New York coin checks amounting to over $40,
100000 on account of the third call for 1862
bonds. sxssss
NEW YORK CUSTOM HOUSE INVESTIGATION
Ex-Colleetor Murphy was again before the
New Pork Custom House Committee to-day.
He recapitulated the circumstances attending
the interview with John Bennett which was
brought about by Mr.. Bliss. Mr.. Bennett told
him the majority of the men in the Gridley or
ganization were placed there by him and al
ways voted as he directed. Mr.. Murphy want
ed to defeat Horace Greeley as delegate to the
State Convention He gave $500 at one time
and 5000 at another to Bennett through Bliss
for the purpose of giving suppers to the work
ingmen belonging to that organization to keep
them from going home. He was asked whether
Bennett did not tell him he must have the
money to get gang of strangers out of the
neighborhood to help defeat Greeley, to which
question witness replied that he had no recol-
lection of it. He had never encouraged such
appliances. He was asked other questions re-
lative to plans for defeating Greeley, when wit
ness replied that he left the details to Bliss and
| that it was his opinion that these questions
| were manufactured by John V. Gridley.
Senator Bayard remarked that these were
| facts which may be established by other wit
nesses.
In reply to the question whether he spent his
money for mere personal qualification to defeat
Greeley, the witness replied in the affirmative
| adding, "We are all human"
Senator Bayard remarked:-"Very human. -
The witness had no recollection of large dis
| crepances between the calculations of the Col
lectors and Naval officers amounting in the ag-
| gregate to 81, O0O, 600 in eight months as testi
fed to by Latin He might have heard Of
them In response to Senator Casserly, witness
| said he made no appointment at the instance OF
Senator Conkling. Three hundred removals
were made while he was Collector, generally fol
| a cause, some for dishonesty and others for in
efficiency. Being asked the grounds ON which
removals were made where they were not for Q
| cause, witness said if the names of those moi
removed for cause were furnished him he could
answer properly. The largest moiety he ever
received was $40 ,000 but he could not recollec
the aggregate amount. He may have received
| $50, 900, $40 900 or $50 900 in moieties. sgE e..
| The question was asked :-"Do you consider
any man who had relations with Tweed or any
other of the Tammany ring unfit to stay in
Republican party?'
Mr.. Murphy replied that he could respect al
outspOken Democrat but man processing
to be Republican and acting with the Demo
| cratic party was a sneak and traitor and any
| man who professed to be Republican but wht
| obeyed Tweed was not fit for office.
Mr.. Casserly wanted yes or no, to his ques
| ton.
Mr.. Pratt thought Mr.. Casserly too rigid OF
the witness in requiring him to answer yes O
| no. Witness should answer in his own way.
Mr.. Casserly did not think witness should b
excused, even if the reins were drawn littl
tight
Mr.. Bayard remarked that when question
| was put, and a categorical answer required
| witness might say whether he could or coult
not answer it, and then give his reasons
| Mr.. Murphy then answered Casserlys ques
ton in the affirmative Witness was furthe
examined as to the purchase and sale of prop
erty by himself, Tweed, Connolly and Hug
Smith, and other Subjects when the committed
adjourned till tomorrow.
THE coNsTITUTIoNALITY OF THE KU KLU,
| LAW.
The Supreme Court had before it for argu
ment to-day the case of United States agains
Avery and others on certificate of decision froI
the Circuit Court of South Carolina. The de
PENDANTS were indicted for conspiracy unde
the act OF May 3, 1870, to enforce the rights 0
| citizens OF the United States to vote in severa
States and for other purposes known as the Ell
forcement or ku klux act The particular a6
charged was the murder of Jim Williams Will
attempting to prevent colOred citizens from vo
ing and to hinder and prevent their exercise
the right to keep and bear arms A motto
having been made to quash the Indictment I'll
court was divided in opinion on the questio
whether it had jurisdiction of the crime of mu
der charged and whether the right to keep an
bear arms is right granted and secured by I'll
constitution of the United States SO as to SUI
port the charge in the Indictment and rend
the offence cognizabe by the court, and the'
questions were certified to this court The go
eminent submits that the questions haviI
arisen upon a motion to quash this court cal
not take cognzance of them, the motion beiI
preliminary in its character and determinab
| by the court below as matter of pure dlscr
ton. 1t is contended that the act was intendt
merely to visit with new increased punishment
offenders against the laws Of the United State
f who in the act of violating these laws of IL
l States, and this it has power to do, and it Ma
urally follows that the courts of the Unite
States have jurisdiction to inquire into this a
g ditional fact; nor is it an answer to say that
: so doing they take the jurisdiction of an often
against State laws and of which Congress ca
= not give them jurisdiction. The court mere
admits the evidence of a fact as matter of a
e gravation of another otfense. The Grimm
7 | laws of several of the States are cited to sho
that in those States when any person is conviC
: ed of a criminal offence who before has be,
s punished by the United States or other Stat
. for like offence, such person sentenced to
additional penalty, and it is said that the d
: ference between taking into account the co
n yiction of a past offence, with view to fix Il
q punishment of a subsequent one as in those al
taking into account the commission of an {
fence with view to fix the punishment of a
other offence contemporaneously Commute
Considered merely as facts constituting the ms
ter of aggravation as in this case, is only a d
: ference In time and is wholly immaterial. :
n neither case is the punishment in contemplate
of the law, applied to the offence which is
: garded as an aggravating circumstance merel
e In respect to the right to bear arms, 1t is sa
the United States by reason OF the. power CIV