Newspaper of The New York Herald, February 25, 1843, Page 2

Newspaper of The New York Herald dated February 25, 1843 Page 2
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NEW YORK HERALD. x ew Vwk, Halarday, rtkrurjr M, IMS. HrraM Lllrrarjr Depot. Alt the new liteiary publication* of tk? day, iaauol on tin- ob<-?|i each ayaVm. are lor aai<- wthe HERALD LI TERARY DEPOT ol CHEAP LITERATURE, North Want corner ol Fulton and Nassau streets. rail, ace iudtuy. Caution la th? Pmbllc. Within the last few <lavs, tone persons have issued Iront au office *o??-wli?e in Nauiu street,h email penny paper, under the title of Evkkiko Haaat-o, and occtuionally Ei. a* H>an.M, resembling that of th* heading generally ol the Ni? Ynaa Ur.ati.o published hy the subscriber We hare received many complaint* from persons who have heen deceived hy the reeetublanee, supposing these sheet* and extras to have come from the oltice of this Journal. Thia is to five notice, therefore,to Postmaster*,Post Office*, and to the public generally, that, ia order to prevent mistakes, deception and fraud, it is necessary to recollect the exact title of our Journal, which i? "Th* N? w Yobk published by Jsiscs Ooanow Bis*itt, at the Narth Writ earner of Nassau and Fulton street. We issue a morning and an evening edition, and occasionally extras?hut tbeae are altogether distinct and different from the cent sheet or extras assuming the same name, anJ puri>orting to come from another part af the same street? Forewarned is forearmed. JAMES GORDON BENNETT. PaoratxToa or th* Nsw Yoax Hkrsld, North West corner of Nassau and Fulton strtats. Nr.w Yosx, *J4ik Feb , 1HU. R buttons with England.?Our relations with England, political, financial, commercial, moral, and literary, are getting more and more complicated every day. The recent declaration of Sir Robert Peel in the British Parliment, that, by the late treaty, England did not give up the " right of visitation," has created a perfect tempest in Washington, at both ends of the avenue. A most furious attack is preparing to be made on this declaration, both in Congress and in the White House ; and efforts will be made by the President to throw the blame on Mr. Webster, in order to get him out of the cabinet. In the mean time, things seem to be agaiu shaping themselves towards n flare up of some kind with England, r.rising partly from party?partly from patriotism?partly from love of fun?and partly from a desire to get rid of the taunts of the British against the honesty of the nation, growing .out of State debts. We begin to think and to believe that not a single red cent oj Vuse debts trill ever be paid, and that the British government don't care much if it be so, thinking that they can gain as much by turning the faithlessness of the Slates against the character ol democratic institutions, and thus stay the progress of such principles in Europe. They may as well, however, try to hide the noonday sun with a squaw's blanket. Changes in the Cabinet.?We have ascertained the exact |>osition of affairs at the White House, in relation Ito the fuss and noise made about changes in the cabinet. lhe omce-beggars, such asjM. M. Noah, and others of that ilk, who torm the atmosphere around Captain Tyler, want Mr. Webstar forced out of the cabinet, in order that they may get the spoils. For this purpose, they endeavor to create jealousy between Mr. Webster and the President, by representing that the former took all the merit ef the recent treaty, and gave the latter little or none. It was all big I and little u. They also pretend to say, that the " democracie" will not come up to support the President for a re-election, as long as Webster remains in the cabinet. This notion is also inculcated by the Benton clique, and is believed by the President; but it Webster goes out, some other objection would be raised. It is intended, theretore, by the office-beggars and getters up of meetings to support Tyler tor the next Presidency, to get Webster out of the cabinet?and the idea is broached to put Cushmg into Forward's place, as a hint to Webster to withdraw, on the ground that two from one State cannot be in the cabinet. We believe, however, that the office beggars will i u. .k.:. ? U" tnu(|iii lit men uwu PiiaiC' iui. *? tuoiti id n great boMer in politics. He floated on an iceberg into the cabinet, in the vast flood of l&tt). The little scratchings of the office beggars cannot move him. There, is only one way to get hitn out?and that is by explosion. Let Cnshing drill a hole to his centre?fill it with powder?stand back as far as the Rocky Mountains?apply a match to the train?and then the great political boulder of the age will not only leave the cabinet, hut he will blow the President and all his guard into a thousand fragments at the same time; Gushing alone, who is beyond the Rocky Mountains, escaping with his breeches and life. It will be|a repetiton of Samson in the temple of Dagon, but on a larger scale. Mr. Webster irill not leave the cabinet till he plea get ? the President and his whole guard dare not tell him to do so, for^their very lives, bread, i.nd butter. Doings by Captain Tylek.?The Wall street press have reported some strange doings recently jierpetrated by Captain Tyler, the truth of which we doubt very much. First, it is said, thatS. S. Southworth has received an appointment in the Custom House, worth :Jl,OilO, for which he corresponds with John Jones, under the iwm de guerre of " Neckar in New York." Second?that Mike Walsh, one of the meanest vagabonds of the pothouses of New York, actually )*evailed on the President to pardon a person, and remit both imprisonment and fine, who had made an attempt on the lite of a diplomatic agent. Third? that Parmelee, recently getting $3 j>erday for loaf nig hduui ine country, uumrine name 01 a secret agency to detect smuggling on the frontier, has just been a pointed toexamine thecutters in the revenue service, at a highrrsalary?a new sinecure." Fourth ? that the son of a female who keeps a house up town, called the Alcibiadei Club Housf, has also received un appointment,at the solicitation and by the influence of Robert Tyler. Wc can hardly believe such statements. We cannot believe that John Tyler can do such things, under any influence, unless he be most egregiously deceived and hoodwinked. The President is an honest man, and means to do right?but are these things sol Superior Court.?Ali. other Courts.?We see that the Board of Assi-tanta have passed a resolution requesting the legislature to abolish the Supe nor Court. This movement comes from the whigs, and is aimed at Judge Vanderpoel, who happens to be a democrat, and is just appointed. We are not sure, however, but the legislature, which is locofoco throughout, will adopt this sup gestion, and carry it out to a greater extent than is dreamt of in wing philosophy. We understand that there is a project on foot in Albany to reorganize the Circuit, the Superior, and the Marine Courts of this city, including also the Court of Sessions and Cou't of Common I'lsas. If this |>roject should be carried out, all these Courts will be vacated of their present nidges, recorders, fee , and a large supply of fresh i"uU will be collected lor distribution somewhere. We should not be surprised if the foolish hostility of thejwhig* to Judge Vandrrpoel, were to create a perfect judicial revulsion. We are in favor of all hinds of sport, at all events, and we hope it may go ahead. Ma O'Connor's Sfkkch in the Libpcnard Can*. ? A full report of this brilliant s|>eech will be found in our column* to-day. It was indeed a masterly specimen of forensic eloquence and acumen. It was listened to with the inost marked and anrelaxed at irntion of one of the most crowded and intelligent uiidirnces ever assembled in a Court of Justice in tins city. The sarcaxism, humor, and high toned in ling, which pervade the ?|>eechf cannot be surp.i-s. d The narrative of the plots and contrivances by which the "jocose old gentleman," so called, because, as one of the witnesses stated, he was " always joking with poor Alice," becsine possessed of thw immense rs*nte, is peculiarly baiyy. It has all i(if graphic portraiture, and searching dissection of luiman nature, which characterize the fictions of trod win It is, in a word, a speech which all should read, and draw from it those le.-sons of |iractical tvifdoin which it is so admirably a ted to teach and t? enforce Superior Court. Before Judge Oakley. Tna Gun lurcrabd Will Case.?sr?scn w ' Chailli CCoanoa, Okntlcmrr t?A word of apology would aaemtobe due for my aaaumptiau of tbo placeTam now about to occupy?a place to which an older, anil in every senaa a greater than myieir, by all the rulea of profeaaionol courteay an J practice ia entitled. It so happens, however, that my aervicea were engaged in thia cauae at quite a late period. I was not aumcirutly familiar with the facta and circumstancea of the case?nutnetohl, complicated, and difficult of explanation at they are,to undertake the task of presenting them to you in such a form as was necessary to rend- r them perfectly intelligible. The eminent gentleman, therefore, with whom it is my honor to he associated, departing from all rules, and in the ardor and aelf sacrificing spl ntof the true and honest lawyer, in the integrity of the man who knows no ambition, aud who has no pride, except to be found in the right and iu the efficient discharge of hi* duty as counsel hi any cause which he undertakes ?took upon I )n in i?ll the pott of junior counsel?opened this esse to you, and laying down all the honor* which he lit* a right to wear, allowed me to occupy thi* position iu which 1 can ao poorly fill his place. You have heard from the counsel who have addressed you at eo much length a very great variety of argument, and a very small portion of that argument, if you were to meusure its quantity and extent, would be found applicable to the true merits of this case. Subjects altogether foreign, extraneous, far, far removed from the reel questions at issue in this controversy, have been urged upon your consideration with apparent earneatness, urged upon your consideration without any basis of truth to support them, in order to .answer which, and in order to prevent prejudices from operating against my clients, it becomes absolutely necessary for me to follow the evil example thus set before me. I must trace the poison through all ita windings, and administer the appropriate antidote at every point where it has circula ted. It is undoubtedly true, as the gentleman who last addressed you has stated, about the middle of his argument, that in this esse there is but one question, and be might have added, that in the trial of that one question you stand pledge.1 before this deeply interested community as citizens and men of honoi ; that you stand pledged before Him to whom you are to render an account at last. But the counsel, I must remark, have by no means confined their arguments to that one question. That single question is the capacity of Alice Lispenard at the time of the execution of the instrument in question. But these subjects have been introduced. We have been impeached en a variety of grounds. The alleged sins of our ancestors have been brought to our doors. We have been charged with dishonor. We have been accused of persecuting an in nocentoia man?the defendant in thii case, whole poverty, which had never been proved, and whole rights have furnished prolific themes for the eloquence of the counsel. It is said that we came into court at this late day, after sleeping upon our rights for upwards of thirty years, for the purpose now of invading the rights of honest, industrious mechanics. Charges, whose honesty and whose truth, may well be judged when I remind you that they are brought against an infant, the youngest of whom is some seven or eight years old, and who received the inheritance now claimed, just about the time she was made un orphan. These charges, gentlemen, which have been thus introduced?industriously introduced, and forming so large a portion of the speeches of the opening and closing counsel, must certainly be answered. I shall, therefore, before going into any discussion ofthe details of the evidence or points at issue, call vour attention to a general view of the course of eventi which are connected with that portion of the hiatory of the Lispenard and Stewart families, which is embraced in tho present suit. I will endeavor to present all parties in precisely their true and proper attitude. You Know, already, that the plaintiffs aro the three orphan children of Theophylact Lispenard. The two eldest are about twelve or fourteen years of age, and the youngest, who was made an orphan, even in her mother'a WOmb. is onlv fl^rAn ar ?!#>? woom />!<< ln?l?Anv T.i?. penard the elder, was one of the moit respectable of our citizen*, in point of wealth, talent*, and moral character?in all respect* in fact, except that he was not a very religious man. He died in 1906, leaving Mrs. Stewart, his sons Anthony and Leonard, and hi* grand-daughter, Miss Bacbe.a* his only hekri-at-law,or devisees, with the exception of the poor Alice. Hedividedhis property between the four parties in equal part*. Not long previous to hi* death, then had come into the family by marriage, the gentleaaan who ha* cut ao distinguished a figure throughout this matter?the not little distinguished Mr. Alex. L-Stewart He bad married the only daughter of Anthony I.ifpenard, who va* competent to contract a matrimonial alliance, almost immediately after the death of the old people. Mr. Anthony Li*penard died, and his hare of the estate went one quarter to Alise, one ^carter to Misa Bache,one quarter to Mrs. Stewart, and oua quarter to Leonard. Alex. L- Stewart thus obtained, in addition to his former one fourth, one sixteenth of the estate. Leonard had also now become possessed of the same ahare. Leonard waa a well educated, but not a wise men; an easy, good-natured gentleman of the old school. He did not Know how to take care Of his large estate; but Providence had blessed him with a very careful brother-in-law; the consequence ol such a state of things were soon fully display el. In aeveu or eight years after this time we find Leonard a bankrupt, and shortly after he die*. What became of his (hereof the property 7 It ha.l gone into the hands of Alexander L- Stewart, in consideration of hit payment of certain bonds, and also of the taxes and assessments for the very property which was thus transferred to him with all the benefits of these payments. It needs no painter's pencil, gentlemen of the Jury, te draw that picture in such a manner as to enable"vou by drawing the rational inferences, to understand how it was that this "jocose gentleman,r as Mr. Alexander Stewart was ecasionally called in the course of the trial, succeeded in obtaining this property, and how the easy old-school gentleman found his way from his mansion on the hill to bankruptcy and the grave. Well, gentlemen, previous to the death sf Leonard, that act was done which enables Mr. Robert Stewart,the devisee of Alexander L. Stewart, to cast into the teeth of my young clients the taunt of dishonor?of infamy?of not sustaining the act of their aLcestor Mr O'Connor then went on to show how on the death of Anthony, Mr Alex. L.Stewart obtained from Alice a conveyance of her share of his (Anthony's) estate, jointly to himself and Leonard, on whose death the whole property of the Lispenard family fell into the hands of Alex. L Stewart, with the exception of that held by Mrs. Mortimer Livingston, who, as she had a husband to look alter and protect her interests was at present safe from the operations of the "jocose old gentleman'." Alexander L. Stewart had now succeeded in fixing himself securely on this estate?like one of these excrescences which fasten themselves on some find old tree; and which, as they wax larger and larger, draw from the ancient trunk the juices which nourish and sustain it, until at last it falls to the ground with the rotten trunk which it had robbed of all vitality. Aod having thus gained undisturbed possession of the great bulk of this large estate, he bv a most unnatural will, casts nff from all inheri tancc on it, every human being in whose veins flowed the blood of the Lisnenards! And this be does, although he disinherits by the act his own large family, subjecting thun to the arbitrary whim and caprice of a very singular and very old man. Such is the course, in part and in general, of Mr. Alexander L. Stewart, in relation to the estate. You find him prosecuting, with untiring assidu'ty and ever-varying ingenuity, and consumma ting by his last act, that to which it would seem that be had devoted his life?the supplanting of the Lispenards, and the establishment, or I might say. the "Restoration of the Stewarts." (Laughter.) Well, gentlemen, is there any persecutionf 1 would ask,is there any dishonor in the prosecution of th'ir claim by these children? against no honest mechanic?I will no! say against no honest man?out against no honest tradesman against no Anna fide purchaser?but against him, who contrary to the law of the land?as I trust you will find- has appropriated to his own use. their inheritance? Mr. O' Connor then detailed all the intrigues of Alexander L. Stewart, with the Livingston family, and finally his purchase of their expectant interest in the estate of Alice, for the sum of $10,000? the manner in which poor Alice was sent out to beard at the miserable rate ef $3,60 a week, after A. L. Stewart had thus cleaved the decks and had nothing to fear. Mr. O'C. observed how Alice, after having been thus robbed of her share of Leonard's estate, was also cheated out of the great por tion of the amount left her by her father, and instead of being allowed a servant to take care of her and attend upon her, as that allowance would have sufficed amply to remunerate, she was actually obliged hersalt to perform menial offices for the poor family with whom she lived. Thia wat the treatment of tt.e " la*t of the Liape. narda" by the kind Mr. A.I, Stewart ! But all at once, Mr. Alex. L. Stewart became wonderfully humane. When Miaa Alice had attained the comfortable age of forty-eight yean, and all hope; of a matrimonial alliance pasa?dawav,ihe waa all of a Hidden removed from her twenty (hilling boarding houre and hionght back to Mr. Stewart'a,and introduced with all the pomp and cireum atanceof a fine lady, into good society. And prav.aaid Mr. O'C , waa thia all love?all chanty?all kindneae to poor Alice? No, gentlemen. Like old Arthur Grirnea, of wh*m we road in Niaholaa Nicklebv, Mr. Alexander L. 8te? art, while nibbing hia Angara one night over the Are, thinking of what a beautiful eatate hia would be by and by?thia " jocoae old gentlemen" all of a sudden recollected that Leonard Liapenard, though dead, bad left children, and they would be the heir a of Alice. A new contrivance waa therefore neceaaary. Some new guard waa required to maintain him in |<oaaefaiun of that '.atate which Providence had, it aeemed, determinedahotild not all paaa into hia avaracioua graap. He found?aa all who plot their own aggrandiaement bv the ruinofothera are conttantly finding-that hia well laid achemet were nothing. ' Leonard," he aaid to himaelf, "good eaay Leonard, whom I eueulrhed in thia auilt. ia rone in deed, but hi* children* and grand children will not he hound by hii act." And Alexander L. Stewart probably then reaoitad to counael, and found that the derd obtained from Mortimer Livingston was probably not much better, for if it should happen that Mrs. M. Livingston should die before Alice, all his fine schemes would vanish into air, and that good round sum of tlO,000 was lost. It became necessary to resort to a new set of measures. And here was the key to tht sudden change in the treatment of poor Alice. Mr. O'C. then detailed at length the progress and result of the plots which resulted in the execution of the will of Alice, whirh happened to be at the very time when the father of the plaintiffs was expiring in an humble sbrd in Canada. The utter heartIcssness and inhumanity arid gross dishonesty of olnStewirtin the deceit which he practised on his daughter, Mrs. Stewart (then Mrs. Skillman) were also fully described and candemned in the most eloouent terms. Mr. O'Connor then repelled the charge of dishonor in seeking, as it was said, to overturn the act ol an ancestor. lie also showed the falsity of the allegation, that the plaintiffs, if successful, would injure honest mechanics and Anns fide purchases of Lispensrd property. He showed conclusively that Robert ntewait wastheon/u party who ceul l by any poesibility be affected. The idea of prosecuting claims against purchasers was preposterous ; the amount was so entirely Lifting that no man in his senses would brint, such suits, lis also adverted to the allegation respecting i he enormi i) itni- i iaini ui pieintmi, mui ?hnwf4 that it waa a mar* moiety oftho vaat property of Robert Stewart. The learned gentleman than entered on an elaliorate inveitigntion ol tha question of tha idiocy of Alien, and in a moat triumphant manner nhnwe I that ?h? tvaa really an Idiot; anpportiafl hi? oo?itlmi hy a front array of tha heat authoritier Ti?at he waa an idiot, ||fl contended, a u fully provo<l by the clauae in the will of liar affectionate father, confirmed hy a codiail of aavoral y eara later data|; by the fact that aha flare away hor property without the (lightest knowledge of its ralue, or indeed of possessing it; end that the most diligent el forts to tesch her say thing wore unsuccessful ? Mr. O'Connor theh went on to comment With greet spirit and humor on the testimony adduced to contrornrt the position that Alice was deemed an idiot by general re I'oiuwuu. come 01 maae wltueiaes had testified that Alice, although shortsighted, Waa exceedingly agilecould run alottg the rocka and gather oyateratrum their beds, in the mud or the crevices of the rocka? aud atill more wonderful, that ahe could catch grasshoppers ! (Laughter 1 It was In this Way that fancy and imagination, and the feelinga which the influence of wealth, of friendship. of consanguinity, of long acquaintanceship, had supplied the place ef (act, and came to that Court to testify tothct Whi?h he (Mr. O'Connor) would not call perjury, but which he was constrained to say, waa all a mist ah u ? a gross and palpable mistake. Colonel Webb himaelf testified that he deemed her an idiot for years, until tome subsequent light dawnvd mysteriously upon hia mind. But he then thought ahe waa not an idiot, becauaa to be an idiot, aa we ar? told, a p.-raou must be dra titate of aeaae, and aa Alice cried for gingerbread^ ahe evinced sense, and waa therefore no idiot! Mr. O'C.'-ere briefly recapitulated the evidence ef Alice's idiocy, which he contended Completely overthrew all the testimony brought on the other aide. Ho then proceeded to apeak of the allege 1 motive* of Mr. Stewart in bringing bar back to hia own roof. It had been alleged that Me abject of bringing her back to Hudson street, was to reform har habits of intemperance. This waa not, however, in evidence at all- It ia not even so certain tbat ahe was intemperate. It had been seen that all her brother allowed her waa three glasses of wine daily. But tbat she probably needed, and it certainly could not be railed intemperance. That waa tho cam from 1809 till 16:18?a period ot twenty year*. Waa she then inttmperat* T waa there any neceaaity of taking her home to Mr. Stewart's to reform her ol intemperance 1 She ? ?' altogether free from the marka of intemperance t Well, did ahe get any better 1 Mra. Stewart atatea that ahe did not drink much?if it was that ahe drank none at all, it waa contradicted by more than one of their own witnesses. Dut the muniler of croaa examination had been misrepreaented, he (Mr. O'C.) had not found that point. Mra. Sargent aaya that Alice drank dreadfully at first, but all at once S;aveupofher own accord. But Mra. Sargent spoke rom a paper,'' and really knew nothing about the matter. From the Rev. Mr. Stewart, we had the extraordinary statement that she drank brandy?waa fond of it? and would have more than a glass in her tumbler?that she was fond of wine, and could not be kept from itWell, then it thus appeared that after Alice came back to Mr. Stewart's, she all at once became a sot, and that by permission! After having drank only three glasses of wine daily for twenty years, ahe now drank large quant?r wi.. ?.i i 1- ?... 1?i? ?i i W, _UU I'|>I1UJ> uf |t-l UIIIMUU, HUH iai|(r t|uuutities in addition, which the pilfered. They then made her intemperate, and thia wandering not, brought into the ways of intemperance by her kind friends them aelvei, is reformed by all thoae gentle modea of persuasion, in which the Rev. Mr. Stewart says Mrs. Skillman so much excels,and Mr. A. L. Stewart was to have her firoperty, as a small return for this work of mercy and abor of love '. (Laughter ) She ran messages, too, all over the house for every one, not eicepting the servants, down to the young Irish coachman. And it was said that all the servants treated her with great auction and respect. Well, certainly, it was not usual for young Irishmen to testify their affection for ladies by s mding them on errands all over the house. (Laughter) in what state of subjection was she kept 1 Sent to her room and kept there like a child, until sho would promise to be " a good girl." Sent to her room even by her niece, and remaining a prisoner to her fears?not by a lock and key?but by the rigid government of a niece I At this time, they saidaheknewa great deal about her relatives. 8he called herself, it is said by Mrs. Stewart, the last of the Lispenard, and Mr. Stewart said, "Yes, dear"?the expression to a child?"yes,dear, you are the last." The counsel asked, with great ingenuity, then "was she not the only remaining child of Anthony Lispenard 1" and when he came to read it, he said the brothers and sisters were all dead. But was that true in any sense 1 If there had been none living but women, so that the uame could not be perpetuated, she, if a man, might say with propriety, that she was the last of the Lispen ards ; but there being other women alive, there would have been no propriety in it. But even that was not trilA fnr o nonhnm nfihnf *?a?Ua ?? ?!" .. Uw, .v. ? >iv|/uco vi iu?i uoiuv was sun au?C| nuu iuc name might, to all human appearances,he perpetuated to remotest tinea. But if ever she did say so, she was after all a prophetess?for in that sense she was the last of the Lispenards. At this stage, the equitable provisions ofthe will are alleged] in support of its validity. As to the absence oi fraud, why did Mr. Stewart tell to this miserable imbecile, " Yes, dear, you are the last ofthe Lispenards." He knew well that she had a nephew in a neighboring province, and sisters alive. The-e was fraud. In the name of Heaven, what was there just about the will 7 If she had given her estate to her nephews and nieces about the house, she would have given her estate to her race. But what had the blood of Alexander L. Stewart to do with that whioh flowed in the veins of Alice- was there gratitude in it 7 Gratitude to whom 7 For the man who had stripped her of her little income?to the man who had kept her on a miserable pittance in the house ofthe stranger?to the man who was the enemy of her house and tne supplanter of her race?an alien?a stranger?the robber of her whole fortune and estate throughout her life! And this is called reasonable gratitude!?Why, where was the gentleman's conscience 7 Was it according to the laws or oUr land 7 It was not. In foreign countries the power of making a will and testa, ment is very important indeed, as the only means of giv ing expression to the dictates of affection and humsnity and contravening the unnatural laws under which the people live. But in this land it is different. Our laws conform to thejeelings of humanity. Had Alien not made a will of her sixteenth share of the estate, ten would have gone to the family of Alex'r L. Stewart, and lour to her scattered kindred. It would have eons tn Canada where her orphan niece* mourned their loit father?it would hare rone to Virginia, to her ctippled niece ? What would have become of the other ten parts? Instead of going into the grasp of Alexander L. Stewart, and afterwards to this solitary doting Robert Stewart,it would ha?c gone to the children of Alexander L. Stewart, and they would not now be the cringing suppliant slaves sf a whimsioal old man. But these are the ( Tils of willmaking by idiots?by " naturals" such as Alice are sometimes called, and "unnatural*," a* Alexander L. Stewart may well be styled. Mr. O'C. argued that when a will is made in accordance with the law of the land, the dictates of nature and th? principles of honesty and justice, it ought not to be lightly meddled with. But when made in direct opposition to the law, to honesty, to feeling, to nature?a Jury should strain, if straining were necessary, iu order to correct its unjustice. A* to the evidence of the medical witnesses whose certificates of the sanity of Alice have been adduced, it would be all very well if appointed by the law, and not accidental, or chosen by Mr. Alexander L. Stewart. But the witness es, who are present at the execution of a will are the best witnesses on that point, inasmuch as if they did not believe in the sanity of the testator or testatrix, they should not have witnessed the execution of the will But what is the evidence of the instrumental witnesses I One did not dare to ask his opinion, and the other could not tell what his opinion was. But it is said they did form an opinion, and they are respectable witnesses. Well, granted. They (the plaintiffs) could afford to be gensrou*. What then was the opinion! Dr. Nelson said it was that she was not an idiot. But on his crossexamination, he aays he did not believe she could have been tauirht to reneat the I.ord's Pr?t?r-tn cmml? I or to know the alphabet. It was thai that wc got at the definition thi* gentleman gives of an idiot.? He thought she waa cot an idiot, became aha could auawer a question and knew her own name ? He (Mr. O'C ) would give lomething to have Alice there ?he wai almoat certain that if eased whether her name waa Alice or F.laie, abe would ana wer, that it was Elsie, and nothing elae. Aa to Dr. Hunter, he ia a little bolder, but not a better witneaa. He tMr. O'C) did not venture to put the same queationa to him aa he did to Dr. Nelson Dr. Hunter had been told a great many thinga. He recollected that Dr. Hunter laid, that Sir. Edmanda told him in the Surrogate'a office that Alice could write; and Mr Edmanda, they knew, had laid that there waa noth ing too great or too little for him to do in the cause of Alexander L. Stewart! No doubt of it. He waa well qualified to act as one of the clerks to Alexander L. and Robert Stewart. Talking to the witnesses was one of the "little" things this Mr. Edmanda had done. Well, what did Dr. Hunter say 1 That if he hail been told that Alice could read and write, he would have signed the will! Mr. O'Connor commented at some length on the testimony of the medical witnesses, and referred to the opinions of Ray and other medical writers on insanity Was Alice responsible to the criminal laws of the land? nuppose ute nau nougnr rum witn tne money "he hnd bean sent to the store with, and got drunk; or suppose he had stolen a watch or any other trinket the fancied ; suppose the had, in a fit of temper, killed on'1 of the children, having an aversion before, malice prtpente, and done it with a weapon near at hand, would the nave been found guilty of theft or murder 1 No. If she were now before the jury, would the verdict not he, ' Not guilty, on the ground of insanity" 7 Vet, to make out their position, the counsel on the opposite tide must show that he wa1 a responsible being?responsible to her Ood, whom fhe didn't know?responsible to the laws,of which the knew nothing. Suppose, in that connection, that Mrs. Taylor had got a will executed, could it stand? The counsel say no?that would have dern unnatural. All, then, that the counsel contend for. is, that she had just sufficient intelligence to make a will in favor of Alcaandar L Htewart! Ureas imbecility, and ignorance, are admitted ; and subjection to the control of Mr. Stewart and her niece, are equally clear. She signed away her property on a threat that she would not hare any more "new caps," not "nice cans," as the counsel said .for poor Alice was not very nice, hut like all childran, was fond of every thing new. But how was a thieat necessa rytp.ier Alice was very averse to literary labor.and when desired to nut her mark to the will it was probable that she was a little restive, and the simple threat was necessary and sufficient. Was she not restrained? On that pointthere was the evidence of Elizabeth Henderson, not a "dismissed servant," as the counsel said, but one wnoieitot nerown accor.i (o engage ?n sewing. Elizabeth Henderson wear* that aha would ha If ft in her room.- till on promiic to ha a food girl. she would te released. And this was witnessed by Elizabeth Hindersou herself in 1886?after the execution of the will) and Mr. Stewart himself told the witness that wasthe only plan of keeping her in subjection. Bat Mrs Stewart says that her father never restrained Alice. Why ? Because the door was not locked?there was no phy ideal violence! But Mrs.Stewart said that down till IH36 her father was obliged to request Alice to go to her room, and that she remained there; and all that was told with great mildness, and it was said that there was no ' or .1-i" in the case. Mrs. Stewart explains all this with that vast talent which she poaseasesnf stating farts according to her own construction of the matter in such abundance of words that the fact is just what the speaker pleases to make it. The jury would remember thit when lie asked her whether on one occasion, when Major Nicholson came there, she complained that the had great difficulty with Alice, although she had subdued tier, butthat when her (Mrs. S'?l father was at home there wai no diincuity at all? Well, tai l Mr*. Stewart, "theaa fact* happened, hot there ere difT-rent wayaof telling them " How true we* that ! That remark furniahed a ready ioltition to all the difference* het wren the atory of Mra. Stewart and all the other witneaaea. ? Mr*. Stewart, in her own lady-like way, aay* "Oh! we did not order her to her room. But, by and by, dnrinjr her crnaa exnmina'ion, when a little vanity wa? e* cited and ahe bccamo deairom to let them know who and what aha waa, Mr*. Stewart aald?"Why 1 have amongat my aervanta, four or lire violent tempera, and I do not order them?/ Merely r?yueel thena."

Ah! hut dii'ut theae violent tempera know that they mnat obey 1 Were thty not tanght, paid,bound to obey t What waa the difference between the " requett" that attbmita to no denial, and the ''demand" which overcomta all reaietance 1 But Mre. Btewert heraeU, before the Surrogate, uaed thia very word "reatraint," againtt which the ao rebelled before the Jury. The temper" of Alice "waa ao irritable," ahe then aaid, that lurnc restraint wasoccatlonally necesiary." There it was down in black and white, sworn to, dictated and signed by Mri. 8tcWart herself I But he (Mr. 0*C ) supposed that Mrs. Stewart regarded that word "restraint" as her Own exclusive property. If there were no restraint, how was it that ]>oor Alice went obediently to her room, and never dared to leave it without permission ? H i w was it that she diJ not go to her niece of her own five will?express her sorrow lor her misconduct, and promise good behavior 7 There are certainly two ways of telling a story?it was a pity that there was a difference In the story itself! He did not mean to charge perjury. But he would say that Mrs. Stewart had been luduced by her mistaken zeal to use that coloring whinh strict, impartial and unimpassioned truth never deigns to employ. Mr. O'Connor then went on to show in a most lucid manner, that poor Alice had been subjected to the grossest deceptions. First, she had been told that she was the last of the Lispenards : and, at the time of the execution of the will, abe was misinformed of its contents ?that she was giving Mr. Stewart life interest in her estate, and the re>idue afterwards to her nieces. But what was the wiUto which she put her mark ? One which devised all to him, and gave the niece a mere chance oi getting it in esse she survived her father. She had been told if it had not been for Mr. Stewart she would have been in the poor house. Certainly she was not kept out of it by his robbing her of her fortune. He did notuing but rob her all the days of her life I Mr. O'Connor commented on the conduct of Mr. Stewart at the execution of the will. Propriety would havo dictated his absence, and me presence oirespeciaoie counsel ana uisnucieaicu wnn esses. But the ealy parties present were himself, his daughter and the two physicians patronised by the family. The allegation that she was short-sighted, had not been sustained. A great many ofthewitnesses on both sides testify that they never observed it. Dr. Hunter swears that he never looked into her eyes, and yet he says she squinted ;how he found out without looking into Alice's eyes, was more that he (Mr. O'C.) could imagine. Dr. Nelson; who knew her long and well.didnot observe that she was short-sighted. Then again as to the charge ol intemperance in early life?where was the prool ? Airs. Phoebe Thompson came te sustain it. Phmbe had also married into the family. (A laugh ) 8hs had married the Mack tiddler. (Renewed laughter ) Her husband was on one occasion ordered out by Mr. LeonarJ, for fiddling in the house, and when out on the green he continu.-a addling, and poor Alice, who always ran to see the soldiers, followed her brother to the piazza, when he went to order the tiddler from the green, and Alice was ther. unfoitunstely seen by Phoebe as Mr. L eonard gave the last order which drove her and her husband, tne black fiddler, from the premises for ever. But Phoebe makes out Alice to be not only equal, but superior to common people ; for she swears that even when intoxicated, A'iee was capableof manifesting remarkable intelligence. Alice was then on a par with Cyrus, the Persian, w ho when he was setting up his pretensions for the throne of his brother, presented its one ground of his claims, the fact that he could drink a large quantity of wine without being at all incapacitated for business. The fact was, that the allege !<-?? tKiil muie A li/?n w.is ?f intumnornlo Kohill at thia no. riod of her life, was entirely unsupported. Mr O'Connor here proceeded to a more minute examination ef the testimony o( the numerous witnesses. In the course ef these remarks Mr. O'Connor observed?we have not been carrying on a wariare as the newspapers, scandalizing the characterof Mr. Stewart and his witnesses. No. Wecome into Court with clean hands?our only publication has been that which called on the witnesses to be present, and I need not say that the mote free, and unbiassed, and impartial, and uninfluenced by any considerations, the mind of a juror or a witness is, the better tor truth and justice. It is only those who are employed by artifice and chicanery in the perpetration of fraud?of contrivances to rob men of their property, and pervert the course of justice?it is only such person*,that find it necessary to make these publications for the purpose of inflaming the public mind, and exciting prejudices against parties engaged in the prosecution of their rights. And Mr. Edmands' pub lication has not been the only one made through the agency of the Stewart family. One of the witnesses on this very trial has been engaged, durir.g its progress, in wri ting publications of the same character, in order to mislead the public mind, and make others think as he docs ; whereas, that should he left to an impartial jury. It was a circumstance greatly against many of the witnesses for the defendant, that they are parties interested Both the Webbs, lor instance, were trembling expectants, waiting patiently on the chsngeful will of Bobby Stewart.? (laughter) Col. Webb honestly acknowledges that, and expresses his sorrow that it is so. Well he may ! For if. he do not please the old gentleman, he loses his inheritance. It is, (said Mr. O'C.) by a sort of fraud on the law, that such witnesses as the Ilev. Mr. Stewart, Mrs. Stewart, and the Webbs, are permitted to open their lips. It is coutrary to the design and intent of the law; and it is only because human laws cannot be made so accurate as to accomplish the objects the attainment of which human wisrlnm ii ranohlp nf Timnmtnninir iloairaKIp ft in nnlv in consequence of the unavoidable infirmity of our judicial system that such witnesses, so deeply interested, arc permitted to testify. Why are interested witnesses excluded! Because the law justly supposes that they cannot be expected to tell the truth. It is not for the good of their souls that the law is thus paiticular, but for the good ot other people's property. And when it so happens that such persons do come to be permitted to testify, their evidence you all know well, is to be taken with a great many grains of allowance. Th?Jury are at liberty, and indeed required to suppose, that they may be influenced by a natural bias, such as the best men are liable to, und'which does not at all imply the impeachment of their veracity. Mr. CConner then clas sified the witnesses, and commented on the leading points of their testimony. The evidence of the Stewart family he did not regard as of grrat importance, and that he would dismiss with few comments. One of the witnesses had sworn that Alice was fond of potatoes. He believed that that was true. Poor Alice had somehow or other imbibed a strong affection for theit potato, and by puttiug a whole one into her month on one occasion, had nearly fallen a martyr to the love of that valuable root. (Laughter) As to the extraordinary intelligence exhibited by Alice, when the Rev. Mr. Dunbar saw her after his return from Europe, it was easily explained. \ r. Dnnhar n-ot limn mnslinff <*vnrv dov with hfindrtvil who asked him bow ha acd his wife had stood the ten. But what did poor Alice know of the " peril* of the sea V Wherein the world did she learn any thing of the shipwreck,(unless sha gathered it from seeing the ships upside down, when she so read the newspaper, as one of the witnesses testified. (Laughter) The " Doctors" were very briefly dismissed by Mr. O'Connor. Theirtestimony, he contended, was directly adverse to the defendant. The " papered witnesses" were also easily disposed of. Mrs. Murdoch testified that Alice had told her that she would leave her fortune so her brother Stewart, and that at a time when she had alreadylgiven uway all her property. Besides, Alice was then 35 years of age, and in good heulth, of agreeable manners, it is said, and all that; now what sort ot propriety doe* there appear in the question of a friendly neighbor?" Well, as you have not got any fa mil) , what are you going to do with yonr fortune?" Would that not nave been a direct insult? A direct assertion that the young lady's case was hopeless ? (Laughter.) If there wera any single lady ol 35 on that jury, he (Mr. O'Connor) would have very little fear, indeed, of settling that point against Mrs. Murdoch. (Laughter) ? Mr. O'Connor contrasted with great effect the circumstance that many of the witnesses on the defence had been supplied with papers, and the fact that none of the witnesses of the plaintiff, who had been examined before the Surrogate, bad even refreshed their memories hy reference to their testimony on that occasion. Only one of the witnesses of the plaintiffs had even been brought before the counsel, and he one of the most pure minded and hon oranie men mat ever liven, pir.Jay) He nas gone to nis last account since this trial commenced, and if his case has appeared as clear before the Searcher of Hearts,as his virtuous life,ami pure character,ever did in the eyes of his associates, friends, and the world, happy indeed for him that he has gone from among us. In speaking of the testimony o! Mrs. Morris, relative to Alice presenting her with tonae flowers, Mr O'Connor remarked tha thewhole chnrm consisted in the melody of Mrs.Morris'sweet voice; an.l the simple fact was, thst Alice acted fram imitation- -she knew that they were flowers, and that she spoke to a lady; and she said " Pretty flowers, lady, take some!" It only remained for him (Mr. CConnorj said, to speak a little respecting the testimony of the Ajax of the case?Mrs Charles Stewart. She "had been introduced alter all the !host of " papered" witnesses. But really she ought not to have been introduced at all. Her own appeal to Heaven, with uplifted eyes, as she took the oath?I (know not if the Jury saw "it, but the Court must have seen and marked it?struck me with astonishment. The like of it I never before witnrs<ed. It seemed to be an etlort to say " that which falls from my lips must he received; 1 have the power to pronounce the verdict in this case." Mrs. Stewart is truly in an unfortunate position. She is deeply interested. All her hopes and prospects in life depend on her pleasing this Robert Stewart. She has been disinherited; robbed by her father of her ilist c'aimt: robbed hv this rerv will unless she succeed in pleaaing ol 1 Mr. Stewart. She if, therefore, Intereatcd in keeping thi? property in hi* hands. She ia n legatee named in the will ilaelf, a* a peraon intended to he benefited by it. She i* completely dependent; bound in body, if not in aonl.in completo subjection to the caprice of a whimsical old man. Hhe hai Riven heraelf a name, the application of which to her by me, would, I aapnoae have nuhjected me to be hanReil, drawn and quartered, without benefit ol clergy. (a laugh ) She says she wb* "deputy lawyer," and informa u* that the went amongat the witneaaea, all of them hut one or two, and reminded them of long forgotten ronveriationa, which were then written down by her and left with them on paper? for fear they might again ear.ape their memory. A more dangerous employment than thia cannot well lie conceived. The manner in which Mra. Stewart thu? itiatained her character of "deputy lawy ar," recall* to my recollection a itory among ut lawyer* which tome of you may not have heard. A certain individual reaiiling in the State of .New York, had, (ome yeara) ago. a good many lawiuita, and it wa* remarked that he gained them all? Hi* aucccaa, indeed, in thin particular, became quite renowr.e 1. The lecret wax discovered, and it waa found that he done it all by c?netrimtioni. Ilia witneaaea, too, w ere nil reapectahle men.ol known veracity, who teatifled that they had heard the defendant* admit auch and (itch f ? .*, and the unfortunate defendant* were uniloimly tlmnderatnick to find men in whoto rectitude and veracity n?-y >in' inv*?j n i|mm iin|iileii oonnience. comiiin lorwaid to aurear what wa* perfectly false. But the way it wii ilonr waa thio : The gentlemen in (jueation would R" and say to one of hi* neighbor*, John Smith, imrhapa, "John, don't you remember that day when we waa down near the barn aplittinir raila, and Thoinpion rame up to me and ?aid ho and ao." John would thee ahake hia head and eonfeaa that he knew nothing about the matter.? "Well, well," the other would reply, "try and remember, turn it over in yaur mind, and I think you can recollect." Si* month) afteiwarda thi) ingenioiia gentleman would again ucco?t hi* friend Mr. Smith, "Oh, I want you ai a witnen* in that anit of miae tigainkt Thomparn, for you recollect that you wn* down near the tiarn, when I wa* splitting rail*, when Thomnaon came up and *aid ?o and ?o, and no." Mr. Smith look* wiie for a moment and ropllen, "Well, really I don't - ah : let me nee?yea, now I do remember something atiout that?'barn' 'rail*,' ' Thompson really it ?eom? to me that Thompson did ?ay that." " Will Ju*t think ol the matter till tomorrow an I on the morrow, Mr. Smith ha* made up bit mind that lie if a verity heard thii convocation, and oil be *oe? to Court, and poor untii'petting Thompaon ia, to bl* utter aatoniahincnt, numbered amongrt the victim* of thii accomplished " deputy lawyer." Now Mrs. Stewart, by bar awn conlasiion, was about as dsngsraos employment. 8ha was " splittiag rails" with all these witnesses (Leaf hter.) And bow much reliance can be placed in the reaoM of their Jafct labor in that departmect of mechanics, I lease you to Judge. (Roars of laughter.) Mr. O'Connor then commented at some length on the evidence of Mrs. Stewart, and showed very conclusively, that it perfectly accorded with that of all the witnesses who testified as to the idiocy ol Alice, except that it was given in a more cautious and ingenious and characteristic manner. The learned gentleman then concluded in this eloquent manner:?I now si^hmit the case to you, gentlemen of the jury, convinced that we have offered abundant proof that Alice Lispenard was never competent to do a legal act, or that if she did even attain a sufficient meat ure of capacity to do a legal act, it was done under such circumstances of fraud, deception and restraint, that the law cannot sanction, nor honest men approve it. 1 trust that this long lisMI1M ftf frail,! an A lrno?.,~. Ku on nr?t of Imr barity which characterised the perpetrator?i mean the last will and testament of Alexander L. Stewart?will receive at your hands the condemnation which the laws of the land and tha principles of honesty require of you to pronounce. I am persuaded that you will do this with gratification?with hearty good will, and I am equally well assured that jou will regard as one of the proudest days of your lives, that on which you have been privileged to circumvent the craft and fraud of the usurer, and fraudulent party, who has eaten into this (air estate, and sought to strip the unprotected orphans of their rightful inheritance. I trust that on the eve ol that day on which you render your verdict, the fatherless children, whose cause I have advocated, as they kneel in their humble home, and their young lips repeat that " Lord's Prayer" which it was never given to poor Alice to be able to repeat?and as they address the Universal Kather, and say " Hallowed be thy name," it will not be in grief and sorrowing regret that the strong hand of power has borne down the right; that the law has failed to be omnipotent over wrong, and that fraud and iniquity have triumphed; but that it will be in toy, and gladness, and gratitude to the God of truth and justice, who has established the rights of injured youth and innocence by the verdict of twelve honest. men, under the just laws of our country. [As the learned gentleman resumed his seat, the approbation of the auditory was manifested in a loud burst of annlauae. which could not be restrained.1 it wa* now after two o'clock, and the Court took a reccsa till five o'clock. Afternoon Sksiion. Mr. Ooden commenced with bitter complaint* of the iujuitice of Mr. Butler's opening- of Mr. O'Connor'* croiiexamination, and of hi* speech. Spewking of the will where Mr. Liipenard say* of Alice?" Since it hath pleaied Almighty Ood to give my daughter Alice cuch imbecility ofmiad a* to render Her incapable oi managing t taking care of property:" Mr. Ogden gave it thiiinterpreta'ion: " Since it bath pleaaed Almighty Ood to give my daughter Alice ?uch invfeapility of mind a* to ren drr her incapable of mauaging afi improving three tall meadow and toft marthes, therefore I give her $600 per annum." (Laughter.) That wa* Mr. Lupenard'a meaning, nnd that 1* the true meaning of the will. Again, Mr. Tattle, one of the witne**e*, aaid that " Alice had about two third* of common lenae " Mr. O'Connor and Mr. Butler?One third. Mr. Ooden?Two third*. Mr. O'Connor again?One third. *Mr. Oudkn?Well, one third, aince the gentlemen will have it so: hv which 1 underitand that the had as much sense as one third of the community (Orea* laughter.) Again?the truth ii, that every cent of the money which Mr. Alexander Stewart spent upon improving tne Lispcnard property, he borrowed from his brother Rob't. That was reason enough why he should give all his property to Robert. Mr. Oodrn concluded his speech in one hour and forty minutes. Mr. Wood then followed immediately, commencing at about 7 o'clock in the evening. The first part of his ar Siment was confined to the law authorities bearing upon e case ; and among them he very happily and strikingly recited an opinion recorded in 1st Page's Chancery Reports, delivered by Mr. D. B. Ogden himself, upon the other tide of this question, in days, as Mr. Wood remarked, when the learned Counsel was orthodox upon this subject. Ho then went into a general view of the plaintifPs case. He will finish his argument to-morrow morning (Saturday.) In the Grand Jury Room. Before Justice Stevens. Examination or Mas. Chislis F. Miller coktinued. Feb. 34.?At an early hour this afteruooa, the entrance to the Grand Jury room was crowded by a mass of anxious spectators. As soon as the doors were opened, the room was completely filled. At about half past 4 P.M., the parties came into Court. The direct examinatirn of Mrs. Miller was then commenced by Mr. Jordan. Mrs. Miller testified as follows:?Previous to tho death of my uncle Wells, and my knowledge of the existence of the $-30,000 note, my husband committed personal violence on me; he knocked me down and choked me; his conduct for several years previous to my separation was unkind; on Monday evening last, at my private interview with Miller, after the examination at the Police Office, ho desired me to say, that I was perfectly satisfied, and wished for no further proceedings, and that I wmiM .nnt.nl tn irn tin In Vnnkers with him. in or. der that I might nature every one that 1 felt perfect security with him. I refuted, and told him that I had been mere lenient to him than 1 ought; he then said he did Dot care a d n for half measurer; that my trouble had only then commenced; that I should be more persecuted than ever; that both he and hit father wou'd do their utmost to make me miserable for life ; that neither I or my family should escape; that he would not leave them a home over their head*. I then naked him if he meant the gunpn vier plot, that he had formerly spoken of; his reply was that he did mean it and worse, if anything. The conversation here ended, and I immediately left the room. At a previous time he said ha intended tohave a keg of powder in the cellar of the house at Yonkt-rs, and blow it up at night while my family w ere asleep. Go the way from Stamford to New York, Miller held his handover my mouth several times, and stopped my voice, so that 1 coul l not scream. The direct exandnation was here coneluded Without commencing the cross examination, at fifteen minutes of 6 P. M. the Court adjourned till half past two to-morrow. The Infamous Post Office Biel ?From indica tions in the House of Representatives, we have hopes that the disgraceful and infamous Post Office law, concocted by a convention of blockheads at Washington, will be permitted to die in that house. Never, perhaps, in any free and intelligent country, was such an insolent attempt made by ignorant public tmployh, to hide their own inefficiency by seeking to destroy the circulation of knowledge, literature and information among a reading people. Let them be marked and remen.bered. Likeness of Father Mathkw?The "Washingtonian|Reformer and Universal Peace Maker," (a noble Temperance sheet, edited by Mr. Wallace, late of Kentucky) of this morning, contains a fine likeness of Father Mathew, and a full report of the proceedings at the Tabernacle on the evening of the 22d, with the speeches of Drs. Pise and Power ; Messrs. Freelinghuyeen, Whiting and Wallace.? Those wishing a copy can obtain it at 7J Bowery, Croton Hall. If the Washingtonians ever patron iseda paper devoted to their cause, they should rush forward in aid of the Reformer. Medical?We understand that the Hoard of Regents have made an incision into the professorship of Doct. Augustus Smith, of the Crosby street College, and some hope that they will make him a losml remain hye and bye. We hope not. We lil e Doct. Smith for his boldness. He is a live animal. Tint (iavkrnor Gkivkrai. of Canada has passed the crisis of his disease, and is improving fast. Our advices arc from Kingston, the seat of government, to the 17th inst. Cheat* Iwterattrf..?This business teems to be going ahead very rnpidly; but take cnre of the future, if you please. {p^-lMr. George Vance, Kditorof the Albany Alius, died Thursday morning, 23d inst., of the small pox. Naval.?Com. Perry has been appointed to the command of the African Squadron. Barntiw's Safety Apparatus for the Prkvrntiow of Stram Bou.br Explosions.? The proprietor is happy in being enabled to inform the public, that he has now in successful operation on board the steamboat Croton, plying between Bridgeport and New York,an apparatus simple in its construction, and certain in its iteration, whereby a uniform and constant supply of water is secured at all times, whether under way or laying Ht the wharf, and whether the water is loaming or in a solid state. Scientific and practical engineers are respectfully invited to call on board, where the gentlemanly engineer ol the Croton, will take pleasure in exhibiting the same to their inspection, with its principles and operation. The proprietor feels the fullest assurance, that the principles by which he has been governed, as well hs their application, will bear the test of the most thorough and scientific investigation. Mr viiinr Pifirrta pnlprlmnnipnlti j( tlna nn. ...... - - ...? ...? pulflr plnce of nntupemt nt will be Riven for the benefit of the |*rforincr* mid artiste* belonging lo the cHtnhlhlmient thin evening. The |<eifbrni.incfs will he very elegant, embracing several new act*. The present will he an excellent opportunity for the frequenter* of tin* house to distinguish themselves by their liberality, it being ticket night. Bankrupt Llat. SOUTHERN DlHTRIt T OF NF.W YORK. David (J. Johnson, artist) George B. Bloat, hatter, N. Y., late of Syracuse. Saturday is always a great day at the American Mnreum. At i o'clock or half past 7, will be seen for the last time, tbe lndian Chieta, in their marriage ceremonies and nation I dances. The Kentucky Minstrels, who mad sueh n hp v-'t rtav. will also appear. Bo will the I,. ." |i. Hr of V - w York," and a power of other exqui-ite attr .otions. For months there will not he a more exciting bill of performances BY THE SOUTHERN MAIL Wuhlnglon 'A [Correspondence of the Herald.] Washington, Thursday Night, ) Feb. 23. 1W3. 5 A Botlneu Day?Free Negroes In Florida. Tlae Latimer Petition?Explanation l?e twcen Hayner end Thompson ? Sever Q,<?rrels satisfactorily settled?The Ware house System staved off?The Treaty? Peel's Speech?Mr. Kverett's better?Na tlonal Foundry?Bleetro-Magnetle Tele graph?A New Bank Project?Death o the Harbor Bill?The Trcatv i? the Se >iate~-The Now York Cutom Houn, You may remember that a lew weeks ago tin law in Florida declaring that no free negroes shouh be allowed to enter that Territory, was discussed it the House. And to-day, Mr. Bkiggs ottered a reso lution as soon as the House met, to instruct the Ju diciary Committee to report a Bill declaring tha law unconstitutional and void. The resolution wa; objected to, and after Eeveral attempts by the Abo litionists to suspend the rules, it was voted down, 1(M to66. The abolitionists have been pretty quiet this session, but since the introduction of the bif Latimer petition, they have become more noisy and will yet try to kick up a row belore Congress By-the-bye, Mr. Adams's big petition with 50,000 names, and half a mile long, was taken off its rol lersthis morning, and laid in a great unsightly bun die on the Speaker's desk, to be disposed ef as h< thinks proper. So " there's an end of that poor nig ger" for this session. After this, Mr. Pickkns rose and said?Sir, I wish to appeal to the House to permit a personal explanation, in. which several members of the House were iuterested. Mr. TnoMr30N.?Sir. I will only occupy a minute or two. The day before yesterday, 1 was interrupted in my speech by the gentleman from North Carolina. J did not distinctly hear his words, but I am informed they reflected injuriously on the State of Mississippi and myself. 1 did not see the remarks in the paper, sir, but as the gentleman was absent yesterday, 1 now take the first opportunity to ask him what he meant by those remarks. Perhaps I ought here to state what the remarks were asl find them in my remarks. Mr. Thompson you know by the report 1 sent you, wos speaking of the debts contracted by the several Slates in tlie Revolutionary war. and the debate ran thus ? Thompson?Did Virginia ]>ay her debt? Did North Carolina pay nem ? Raynkk.?Sir, I will not allow my State to be alandercd by a comparison with other States, particularly with Mississippi. Thompson?Sir, 1 meant to cast no rcllections on the State of Noilh Carolina. Unlike some of her sons, I feci proud of tho conduct of tha' State. Raynek, (sfieuringly.t?Sir, I'm sorry that the State can't pay the same compliment to the gentleman. These remarks caused the above demand lor a u explanation from Mr. Thompson to-day ; to which, Mr. IIaynkr rose and said?Sir, I do not know to what remarks of mine the gentleman alludes. As he did not hear them himself, 1 suppose he received his information from some person disposed to make mischief. In what I then did say, however, I meant nothing offensive to the State of Mississippi, or to the gentleman himself. And I owe it to myself to say that T would not travel out of my way upon this floor for such a purpose. Mr. Pickens?Sir, I heard not the remarks of the gentleman from North Carolina, and have not interchanged a single word with the gentleman from Mississippi on the subject. Mr. Kaynkk?Sir, 1 appreciate the motives of the gentleman from South Carolina. Mr. Pickens?I hope, sir, that the explanation is satisfactory. Mr. Thompson bowed. So there's an enu of that quarrel, which yesterday threatened to be serious, as Mr. Gwyn carried a note from Mr. Thompson to Mr. Raynkr, demanding something However, I suppose it was all done in a Pickwickian sense, for this is certainly a Pickwickian Congress. This is the 7lh quarrel that has been amicably adjusted, as follow:? Quarrki. No. 1?Between Goroon Sc Bowne? The lie given! Ditto No. 2.?Brown and the new Member from Georgia?Calling him the tail end of a man!! Ditto No. 3?Dawson & Giddinos?A personal shove out of the aisle on purpose !! Ditto No. 4 -Wise <Se Fillmore?Flat contradiction, not to say lie. A case of adjourned veracity ! !!! Ditto No. 5?Butler King and Cost Johnson? A lady in the case. Mistaking a very good lady in the gallery for a very naughty lady!!!!! Ditto No. 6?Proffit und McKkon?Underrating each other's oratorical powers !!!!!! Dirro No. 1?Thompson and Ratner?Disparaging the State of Mississippi!!!!!!! Soassevenisa magical number, I suppose this will be the last. Alt the tow-teen geatlrmrn above named are first rnte fellows; all men of fine talent, high character, very useful to the country, can very ill be spared, and would asaoousmell gunpowder as a bouquet in a fair lady's hand. So God save the republic and this honorable Congress, as the crier in the Supreme Court does not say. Mr. Cost Johnson, after the above, offered a resolution calling for all the correspondence between the two Governments relative to the Creole and the McLeod cases. Objected. Mr. Fiu.mo&k offered a resolution calling on the Secretary of the Treasury for all the information concerning the available means and the expenditures of this government for the last four years.? Adopted. Mr. Fillmore reported against relieving the Planter's Bank of Mississippi. Mr Kennedy then begged that the House would appoint Tuesday next to take up the Warehouse System Bill. This wa3 objected to by Mr.Fillmore, as they had not time to go through with indispensable business. So, theretore, the merchants of New York may rest perfectly satisfied that the Bill has got the "go by" for the session, and that this Congress will do nothing fot their relief in that line Mr. Gushing rose and said?I ask leave to read an extract of a letter from Mr. Everett, our Minister, correcting an error in Sir Robert reel s speech.? (Great uproar ) Several Voices.?No, no, yes, yes, no. Go on, Gushing. Hear him. No, I object. D?n Sir Robert Peel. Cusiiino.?I'll not discuss the Vubject. 1 wish to state a fact. Several Voices.?No, no. Yes. Hear him ? What fact! Granger.?Is it a constitutional fact t (Great laughter.) Gushing.?It will not,'occupy five minutes. Cries ol "Yes; no?print it. Go on. Hear him. Sit down." Cushing.?I move a suspension of the rules. A Whig Member.?I call the ayes and nays.? (Cries of Oh ! oh ! no!) The motion was lost. Ayes 99, noes 56. Every Clay member voting against it. ivlr. Cusiiino laid the extract of Mr. Everett's letter on the table, and it reads as follows. It is addressed to Mr. Webster:? " London, Feb. 3, 1843. " I nttenJe<l the debate in the House of Commons Vuu can judge of the surprise with which I listened to the remarks of Sir Robert Teel, on the allegod fact, that Lord Abberdeen's letter to me of the 'JOth of December, 1841, Pomainad tn Iti ia /fair t llfiaoll nmit ln,l<V<irI ait.l linpnaft*.I It was acknowledge.! hy me in a note dated two day afterward*, (-J$d December, 1*41,) which, howcverunim poetant, wan trammitted to Mr. Fox hy Loid Aberdeen, and afterwards transmitted to Parliament and printed. In this note of acknowledgment, I informed Lord Aberdeen that I should avail myself ol an early opi>ortunity of making some remarks on the very important topics treated in that letter. I pursued this course of an immediate acknowledgment of the receipt of Lord Aberdeen's note, w ith notice of a purpose of replying in due season to it* contents, liecause, being just arrived at my |K>*t, I had not received the instrnctisns which you hao informed me I might soon expect on this topic, and which, as Lord Alierdeen's note modified the ground, and disclaimed the language of his predecessor, it was my duty to swait. Such instructions I should, no doubt, In due time, hire received ; but on the ',17th of December, Lord Aberdeen informed me that the special mission had been determined on ; that Lord A'hhurton would go to America with fall power to settle every point in diacussion,embodying whet waa called the right ol search, which ho deemed the moot difficult : and expressed the opinion that it would hardly be worth while (or u* to continne tne correspondence on matters in dispute between the two countries, and remark ed, though he was willing to consular and reply to any statement I might think proper to make on any subject, that pending the negociation which might take place at Washington, ho supposed no benefit would result from simultaneous discussion here. " Such wrre Lord Aberdeen s observations, as reportported by me in my despatch of Daceatber Slat. The negotiations took place, and a mode of dealing with and settling the (juration waa happily agreed upon, which made it nnneceesary to resume the discussions so long carried on upon tho subject. In fact, from the moment the sjteeial mission wis announced, I considered the discussion at an end ; mid as little to be resumed in rrferesoe to search and visitation, as the Boundary or the Caroline." The Bill which I wot you some time ngn to take of! the restrictions from slenrnhnat captains and owners relative to providing for the safety of their passengers' liven was then read a third lime and passed. BO lookout lor h lew WOW spl?*ndi(l steam boat eytlosions on the western waters. Mr. Cost Johnson reported a bill to establish a large National Foundry lor casting cannon, to be biiilt on aix acres of ground, to have water power and all the noi < -.try machinery, and to npprnpria'e #100,000 for it. Tnt.-i was rr.id twice and referred to the whole committee. Mr. Fkkris's bill to eatabliah a system of electro

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