Newspaper of The New York Herald, February 7, 1848, Page 1

Newspaper of The New York Herald dated February 7, 1848 Page 1
Text content (automatically generated)

1 f T* ' . '4. g th: Wbula He. 300.1. Coi-kmiius, Ohio, Jan. 29, 1848. Comprehensive and Illustrated Review of the recent Ohio IVhig State Convention. From time immemorial, as the saying is, have the leaders and managers of the so-called whig party aimed to embark in all important election campaigns, under the excitement of a i money panic. Congenial to this inherent pro- j pensity, the editor of the Ohio State Jourimi 1 greeted the assembled masses of the whig parly, ! on the (ccasion of their coming up to this city, on the 10th inst.,with a leader, under the caption of "Prospects ahead?The War and its Const- i *iuences;" in which the following was udminis- , tcred, evidently by way of stimulus to the ardor 1 of whig action :? " We are bo alarmists, but the signs of ths timet warn us of danger. The history of the past, however, has* taught us the humiliating lesson that there i* bo appsat so sure to reaoh the esra of the people, as that which tnnchra 'bfir pockets. We hare watted with all due patlxooe for that period to arrive, and it has eome Every paper from the east, the south, and the west, allude to the pri-uure on the money market In the Atlantic cities, the rates of interest range from one and a half to -?* --- <? r>?. I>.nt took* are below par. South and w?it the banks an pre parley to meet ibe storm?they must protect themselves, and tbey will do it. Between a southern tariff and a wjr for aK?r?n<llz*ment, exchange on England?the barometer of Wall street?irhioh a few months ago was as low as six per oent.. showing a large balance of trade in our f*vor, dm now rnn up to eleven ; ? ? * " In the face of all these circumstanoes?with a certainty that a oontinuanoe of this war of aggression will draw down upon the country the inevitable consequences of a deranged ourrenoy, pecuniary distress, and governmental bankruptcy, the President, with a silly pertinacity of the brute partizm, still demands freeh troops, new loans, more power! Are the people so infatuated ai? to follow such a leader, who even affects to oall himself, with hypooritloal humility, their 'very obedient servant?' " Under these " last words" of the leading whig organ of the State generally, and organ of the Corwin division particularly, the great whig State convention commenced its first day's labor. There was a very great turn out. Indeed, the immense number thus brought together, from the centre to the extremes of the State, indicated at once the great interest felt in what was to be done on this occasion ; an > thia, not alone in regard to defeating their common political antagonists, the democrats, but also to defeat each the other in their " scheming and intriguing," to gam control and ascendancy within the whig pa'ty proper. Fortunately for the speedy despatch of business, there had been already on Monday preceding the day fixed for the convention, as niany delfg ites in the city, that?with the whigs in the L-gislature, and the more numerous " third branch in the lobby," and the lawyers and their clients in attendance on the Supreme Court in bank?nearly every county in the State was more or lees strongly represented in a primary meeting called by the State central committee, for the purpose of agreeing on rules, &c., to guide the action of the mass convention. Thp nlnn of nnrani'/ntinn rernmniendpd hv a i committee of one from each county of said pri- j mary meeting, was similar to that which enabled the recent democratic convention to proceed with so much despatch in business, and is simply as follows:?To designate one person trom each congressional district to b? a committee on "permanent officers;" also, one person from each district to serve on a committee " on resolutions to decide that " each county which Rave a vote of 500 or less whig voteB for governor in 1841, be entitled to one vote in saia convention ; and for every additional 500 votes thus given, and every fraction of over 250, an additional vote ; and to recommend, further, that 1st, In all question* before the convention, any member may have the right to demand a vote thereon by counties according to the above ratio ; and 2nd, When a vote shall be so demanded, the counties shall be called, and the vote be. announced by the person or persons who may have been selected tor that purpose. ' I This apportionment gave an aggregate delegate i vote of 312, to all the counties. I The Stite central committee had also taken the necessary step to provide and make known a place of meeting, separately, of the whigs in attendance lrom each district, to select from their own number the ratio of delegates allotted to their tespective counties, previous to the opeoI lug of the mass convention. I Accordingly, when the appointed hour arrived, I the masses convened in the State House yard, I (in the rear of the capitol,) and took their stands I around and upon sundry ranks of cord wood, and I the small buildings there situate. I Mr. Sap, of Knox, informed the crowd of the I preparatory steps already taken, and proposed a I temporary organization for the purpose of receivI uicr the report ot the committee on permanent I officers, when Col. John Johnson, of Miami co.? I whh called to the chair. I The committee, through their chairman, John I Reeves, (merchant of Cincinnati and brotner-inI law of Judae McLean,) reported Hon. Allen I Trimble, of Highland, for President. Also, one I Vice President trom each congressional district, I (21.) and live persons as secretaries. I Ex Gov. Trimble, (he was Governor previous I to 1830. since which time he has lived in private I life and in competency,) forthwith took his seat, I and in a brief speech of thanks for this honor I conferred upon lum, also added his earnest apI |>eal ttiat each whig might aim to out-do the other in his efforts to harmonise the action of the conI vention?:hat it was a characteristic of all true whim's to egree in action, whatever difference of I sentiments tli^y miy entertain on some ques lion?, for the salie of defeating the political ene ray, with whom they all alike differed and on all points. The several counties were then called over by congressional districts, and as each was announc cd, the names of the persons agreed upon in the primary meetings to cast the delegate H votes of their respective counties, were read out, and recorded by the secretaries. The delegates H thus aelected. nominated and confirmed, then H retired from the mass convention, and repaired H to the theatre rooms, in the Neil House, and H organized by appointing the Hon. Jeremiah H Morrow, Chairman; E. t. Drake, of Greene, as Vice President; and J. McLaughlin, E. Burke Kielier, ]> II. Lyman, and r. R7 K. Brotherton, as Secretaries. Much confusion now ensued, in consequence of m.>iiy others than duly designated delegates, having entered the theatre. Next a noisy I suggesting the best mode of procedure, resulted ia settling notbiog definitely, a manly, dignilied, common seuisc appeal by the chairman, showed that in this noisy effort to restore order, iltey vv^re but "lighting n man of straw "?no one in the house, not u delegate, being disposed (o take any ptrt, or to make anjr disturbance. This discovery being made, and the delegates themselves having come to order, the nomination of a cindididate for governor was proceedI rd in, with the following result?the vote being I isken by counties, and given in by one of the I delegates from each, viva voce : I lit Ballot H U. 4 IK. f>th. 6th. I K?r James Collier, 71 ns ort 87 fis is I " Colnmbm D'laoo, Art 94 9rt 100 99 84 I " Seabury Kord, CI I 74 8? 93 113 180 I " W. P. Cutler, 21 8 9 ? ? iI " H. Urlswold, I" 7. ? 6 6 6 I " J. A R?m?n?, 8 ? ? ? ? ? I " O. Sauderson, ?> ? ? ? ? ?. I " J. Hid*way. Sen.. 3 ft ? ? ? ? I " H. Maaon. s ? ? ? ? ? I E. Florence, I ? ? ? ? ? I 28(5 286 294 2Hti 28H 385 I The result ol the sixth and last ballot having I been declared by the chairman?on motion of E. I K. Dr?ike, E/q , the nomination of the Hon. NeaI bury Ford as the whig candidate, was ratified I with enthusiastic acclamation. I In a letter despatched for the Herald, a day or I two previous to this denouiment, I said, the I choice had dwindled down to between L'elano I and Ford ; tint the first was the decided and I only man of the ("orwin wliiga; and that the latI ter was supported by Kwing, and athers of the I last friends of Clay, who, however, gave strong I indications of giving up tlie further chances ol I rhe " Farmer ol Asliland, and of espousing the I MOM ol itir- " Here of tiuena Visit and, as a I ?mr inference, ! announced Delano as the Corwin I anti-war candidate, and Ford as the war-sustain ing Taylor candidate, if not in aentimeut, at I fust from his position. It was well 1 made this reserve ; for the result shows strictly, that in sentiment he is as little inclined to favor GeneI nil Trtylor as is Li'lano, and even cautioned the whig party, lest in ' ?S, they mighl go through thnr mightiest exertions with a result ss fortui tousasin'40! And it is by his " position" alone I that he indicates the Taylor strength. An interchange of sentiment among the dele gates, after arriving in this city, brought forth 'he fact that Col Collier's recently announced ^it^cirftw&l from being a candidate, u wmI u *y r L ILL. II "IIMMIM -LI J-i?I - 1 -E NE NE\ his change of views in regard to his belief lhat our country and not Mexico in in the right in the present war, waa unauthorized by himself or his friends, in fact, a ?o*t of pirty roorback !? Accordingly, on the eve of the convention, the Tavlor whigs resolved to cast their votes for Collier; while the " cohorts of Tom Ewing," as Governor Bebb called them?it waa whispered in under-toned conferences?had taken fresh courage in behalf of their idol, in consequence of his marked reception at Washington; and had their visions 9f the future brightened in not knowing what might or might not happen " ere long;" and they, therefore, " redoubled their diligence" in securing the nomination of an original, a continued, and still remaining Clay man. Such an one they knew (all whigs did not know it,) was Seabury Ford. Under these positions and circumstances the balloting commenced The figures show rhat Delano was the highest on the lirst, equal with Collier on the second and third, and highest on the lourth ballot. A little more of uulolding ot the mysteries of party-action-within-the-party will enable the reader of the Herald clearly to see the " why and wherefore" of the results of these several and the succeeding ballotings.? The Clay men, it will be seen, staited with a phalanx of 61, from which not a single man swerved. Up to the fifth "preparing to vote," they contented themselves in trying to " gain over" to their candidate the delegates who nad cast their votes for Cutler, Griswold, Mason and others. They knew that not one of the Collier men would "ffo over" to Delano, nor to either of the others. Accordingly, at the close ot the fourth ballot, they found that they had picked up, of the stray vote, 32?Collier 16, and Delano but 14. Now came the " tug of war." One of the three highest could now lie nominated by receiving the vote of either of the other two. Which was the moBt probable \?that was the question. The Taylor whigs felt more anxiety and had a greater interest at stake, in preventing a presidential nominating resolution from being adopted, and in securing to the congressional dist ricts the selection ot delegates to the whig national convention, than they had in the nomination of Col. Collier for governor; especially as they had no further assurance oi his partiality for General Taylor, than his warm approval ot the operations of our army in Mexico. On the other hand, the Clay men telt exceedingly anxious to succeed in Ford's nomination; and from the uncertain ty of Mr. Clay being presented to the national convention, they, t?o, were interested in delaying the selection of delegates, though they were not partial to its being done by districts. At this stage of proceeding, then, it required but little log-rolling tact to come to a definite understanding, as between the two parties here referred to, not only in uniting their votes against the nomination of Delano, but also in resisting the intended Corwin nomination tor President, and in contending tor the district election of delegates. The reader will now understand why, on the fifth ballot, the friends of Ford gained over but one of the Delano men, while ot those who had stood up to Collier as the war sustaining whig, nineteen went over to Ford. And, again, there being still no n^ination, on the sixth ballot, all ot Collier's friends but fourteen, and tuking with them fourteen of Delano's, rallied tor Ford, and secured his nomination. The nomination being effected, the delegate meeting adjourned. The mass convention nad also taken a recess. On the re-assembling of the multitude in the afternoon, the delegates reported the result of their balloting*, when the nomination of Seabury Ford, us the whig standard bearer for Ohio, in the campaign of 1S48, was confirmed in due form. A committee of three were appointed to , wait upon the Hon. Seabury Ford, and inform him ot his nomination. Gen. Ford (tor he is a general, or has been, in the Ohio militia, his Puritan descent and his aomewntu siraiienea and ultra views ot moral and religious duties, notwithstanding,) soon appeared on the stand, and having had tne benefit of several tour* reflection since the choice tell on him, he came duTy prepared with " language in hand," to express the grateful feelings of his heart. He gloried in being a whig?always was a whig?an active party whig, especially from the period of the great whig " revival" in 1840?the whig party needed another revival, but care should be taken that its benefit may not again go into the hands ot others, through the wtaig tolly of choosing leaders of uncertain whig Principles! He regretted the existence of the lexican war?hoped that Congress would take such action as would lead to a speedy termination ot it. He felt mor ified and grieved at the causes which had hitherto prevented the election of the great statesman, Henry Clay. He, however, could and would, if so it was deemed best by the voice of the whig party, support any other man on whom that voice migbt tall. It may be remarked that his speech was certainly not as ingenuous as one could wish to come from a candidate for the high office of Governor of this great State. But, hereafter, no doubt, he will give his views more full and more explicit. On that occasion, his great aim, and, in fact, his duty as a chosen leader of the whig party, was, to reconcile to him the two divisions that opposed his selection. On motion of J. G. Gest, of Greene, (a zealous Corwin and anti-war man, present prosecuting attorney of his county, and an aspirant tor hi^ti political fame,) it waB resolved ihat the several candidates whose names had been considered by the delegates, be requested to address the convention. Mr. G. accompanied his motion with a few remarks, hinting at the "avoiding responsibility course " of some men, and he wished the whigs present to hear some whole souled whig speeches! : And he then introduced Honorable ColumbuB Delano, who addressed the convention in a strain of fine eloquence. He despised anything like mincinc in politics?he was opposed to the war, and had called it a " damnable war," and such it is. When the bill, containing the falsehood that the "war exists by the act of Mexico," was before Congress, he voted against it; and if the unanimous voice of the people of Ohio was to offer to make him governor, he would not vote : for so great a falsehood?he loved truth too well to do it; and he would spurn the offer of that I high position or anything else, to tempt him to it. It is an infamous war?carried on for infamous purposes?and the first supply of men and money, is based on an infamous falsehood. It is but just to say, that Mr. Delano evidently spoke under a sense that his opposition to the war, and his partiality to Mr. Corwin, tended to defeat his nomination for governor; and th?t? as is the case with men generally, the more one is persecuted for a course to which one is committed, the more zealously will one adhere to it?conviction of error excepted, of coursenow. he wished to appear, as the boys say, " 1 don't care if you do; ' and, hence, lus speech received but little cheering response from the crowd. Mr. (rriswold, of Stark, who received the voles ol ten delegates on the first ballot, of seven on the second, and of the six Stark county delegates all the remaining ballotings, was called upon, and made a short speech. Mr. G.,it maybe remarked here, was brought out as a candidate on a different question from those spoken ol above, namely, on the local question of banks and currency. He is the champion of the bank whigs, in opposition to the hard money doctrine ot the democrats, from the Utter ot whom he has received a full share of the most exquisite locofoco abuse, in regard to his connection with the old exploded Canton Hank. His brief remarks were directed to an exposition of vantage ground of the whigs on the currency question?it had secured them the State at the late election, and would doit again, lu his section the hard money principle did'nt take, and if the whigs act prudently in the coming cotnpaign, in regard to other issues, the currency question would save the party again. On this point he took pleasure in endorsing the veteran whig whose name was this day presented to the people of Ohio, for their suttrage as the next governor of the State. Here closed the first day's proceedings, and the convention adjourned to Thursday morning The business ol the Hrst day, in open convention, was limited to nominating a candidate for governor; but, it must be remembered that at the primary meeting a committee on resolutions was appointed, which committee, it may well be supposed, was not idle during tne day, nor the preceding and succeeding nights neither ! Previous to the successful balloting, it was conceded by many of the whigs that no set of resolutions yet presented in committee, could receive the approbation of exceeding one third of the committee. After the nomination of Mr. Ford, through the combined vote of Clay men and the Taylor men m the nominating committee, the delegates representing tiieso two divisions on the resolution comumtM otm* together.? Tat Ant wichttf tt mithe phrutolof? of ih? W YO V YORK, MONDAY MOI resolutions on the war question chime with the sentiments of Mr. Clay on that subject; the second did not care much what was said, or how it was said, on the origin and object of the war, so that they got the chance to bring the sejection of delegates to the presidential convention before the people in the several congressional districts ; and both were opposed to recommending Thomas Corwm as the choica of the whig party of Ohio, for President. While this latter point was the chief object of regard of the remaining portion of the committee. On Thursday morning, the mass convention again assembled in the State House yard, Gov. Trimble .presiding; when the committee on resolutions, through their chairman, Gen. James T. Worthington, of Madison, reported a series of twenty-one resolutions, which were read by L. D. Campbell, ot Butler. i. lie nrsi ana second, nantne aistriDUtion ot powerB between the legislative, executive, and judicial departments of government, as the platform of our liberties; and deprecate the frequent executive usurpations of power, as tending to the national downfall. The third and fourth (in imitation of Mr. Clay) regards the war as the President's own? his act, and for his purposes only?and commenced by him by the assumption of power not vested in him by the constitution. The fifth quote*, and coincides with John G. Calhoun's specific reasons for opposing the war. The sixth is as follows:? "Resolved, That we depraoste a war of coaquest, and strenuously oppose the foroible acquisition or Mexican territory; but It' additional territory be foroed upon us, or acquired by the nation, we will demand that there hall neither b* slavery nor involuntary servitude therein otherwise than for the punishment of crime." The seventh deprecates our attempt to dismember a neighboring republic, as more iniquitous than the partition of Poland by the European monarchies. The eighth repeats, in the language of Mr. Clay, that believing the war to have been commenced "by the act of the President, in contempt of constitutional restraints, and the obligations ot national honor, it is the duty of Congress, as the guardians of the rights and honor of the people, to bring the war speedily to a close by the application of the most efficient j constitutional means." The ninth is in the words following :? Resolved, That Obio has reason to be proud of her Senator In Congress, Thomas ( orwin. Her people have watohed his progress with jealous affection. They recognize in him the gifted orator and the reliable statesman. To him they have entrusted their interests and their honor, and they emphatically aooord to bim, In all his relations, but more especially In tbe fearless stand he has taken in the Senate of the United States on the Mextoan war, their heartfelt approval. The Centh approves of the views on the present position of the country submitted by Clay and Gallatin, and closes by saying:?" where such men lead, no true friend of our republican institutions need fear to follow." The eleventh compliments the prowess and victories of our troops in Mexico, as giving abundant proof that our soil will always be successfully defended; and approves of the course of the whigs in Congress in increasing the soldiers' pay, and furnishing them with lands to pursue the peaceful pursuit of agriculture. The twelfth is as follows:? Resolved, that we have abiding faith |n, and will continue to support with undiminished zeal, the great principles of the whig party, avowed In former contests ? Protection to American Industry?a sound and uniform ourrenoy?internal improvements?opposition to the sub-treasury soheme?and unrelenting resistance to Executive usurpations. The thirteenth hails us a harbinger of justice to the great West, the recent vote of the llousc of Representatives in Congress, by which they rc(Aldiated the constitutional hair splitting of the veto of the river and harbor bill. The fourteenth declares in favor of a whig national convention ; and pledges the electoral vote of the State to any true whig, who may be presented as its nominee for the Presidency. The fifteenth recommendsto the whigs of other States, a whig national convention, to be held at Cincinnati on the 4th day of July next. Tlie aiili>?nili Hfplaraa thu nr?o.?i ai.i. ..... "V-..-. V- >w?A I' o\. II u VI11C It J Cnue law as among the salutary effects felt by all classes of the people, from a whig state Legislature. The seventeenth expresses thank?to the whig State central committee for their labor and zeal. The eighteenth appoints Joseph Ridgway, sen , and eleven others, a central committee for the ensuing canvass. The nineteenth appoints Joseph Vance and John Sloan, delegates for the State at large, to the whig national convention; and that Joseph H Crane and Joseph Barker tffc their alternates. The twentieth recommends the whigs of each congressional district, at an early day, to meet and select delegates to the proposed whig national convention.The twenty-first declares that the delegates to the national convention be, authorised to elect two electors for the State at large; and that the whigs of the several congressioiiaWistricts meet soon after said convention shall nominate Presidential candidates, and choose its elector, and report to the State central committee. Such were the resolutions which, in committee, received the sancuon of 21 delegates, representing in nearly equal portions the three divisions of the mass convention, as already illustrated. In the aggregate, they are the result of much labor and discussion, and almost every sentence springs from mutual concession and compromise. A portion of the rommitt e claimed a strong and expressive resolution of the continued and increased confidence and esteem of that noble whig?Henry Clay: to them was conceded that hitched to the name of "Gallatin," all true Republicans may safely follow " where such menlead." Another portion pointed to their instructions from their several county meetings, and claimed a declaration that lion. Thomas Corwin was the first choice of the whigs of Ohio for president: to them was conceded the i 9th resolution, though it was a " bitter pill" to j a portion of the committee, and was longdis- j cussed before it was "compromised" by other i satisfactory concessions. One other portion of the committee desired a highly complimentary declaration in honor ot the " always-victorious" I commander of a division of our army In Mexico? Gen. Zack. Taylor; not that they wanted any thing said about making him President? that they would leave to the people?but they thought something was due "Old Rough and Ready" at the hands ol this whig mass conven Hon : to them was conceded the sentiment in the 11th resolution, though a majority of the committee refused all propositions of "compromise" lo permit the mention of Gen. Taylor's name. The " Taylor men" on the committee, however, cared more for the adoption of the 20.h resolution than any thing else, besides that no nomination should be made by this convention. An cttort was marie when the fourteenth resolution was under consideration, to insert the names of "Clay, McLean, Corwin and Taylor," so na to pledge the whigs of Ohio to either of them if nominated by the national convention. And llus was at one time informally agreed to, but before it was placed on record and confirmed, turfi ^r discussion led to its omission. Although the committee were agreed unanimously, to report the resolutions a* they read, yet as a whole, they were not satisfactory to any one portion of the members of the committee And from the time of the rising of the oonoiittee, and the meeting of the mass convention on the morning of Thursday, the (Jorwin men were so much disappointed In their almost certain calculation of getting a nominating resolution passed for their man, as to conclude to "never give it up so," and to devise u plan ol trying their luck anether time. Accordingly, pending the motion to adopt the report of the committee, L. D. Campbell, Esq., of Butler, moved a division of the resolutions, so that the vote be taken on all except the last four of the series, which wits agreed, and the resolutions to the seventeenth, inclusive, were adopted. Mr. Campbell then offered as a substitute for the remaining resolutions, which nominated a central committee, appointed senatorial dele gates, and pointed out the manner of forming an electoral ticket, the following ?(The sentiments of the prollered substitute coming from the "Corwin" men, is so material in forming a correct view ol the current which moved ilie action of the convention, and a correct view of this convention being important to politicians everywhere, I give them in lull ) Resolved, That as it mum pot to have been considered by the white party In very mesy counties, that this con nation would set on the presidential question, either by the appointment of delegate* or electors, or otherwise ; and as the whig party of Ohio reels the Importance of It* relation to the great national whig family at thW time, we will not act on that momentous question, until means have been afforded to her people, to express folly, frankly and fearieesly (as they will) their opinions : in relation to It. | Resolved, farther, That this convention reecmaend I to the whig* ef the several counties la this 3t?te to hold ; whig aw ?etIBM, oa et before the first Wednesday tf Ayifl mmt, ftg ftflwln pwyiiw,? wit i j - RK t INING, FEBRUARY 7, 1J 1. The ratification of the nomination of this convention cf the whig candidate for governor. 2. An expression of aa opinion of the whig people as to their preference of a candidate for the preeidency 3. The appointment of one delegate to a 8t*t?convention fcr every 500 whig votes which the connty gave In the Presidential election of 1844, and a delegate for every fraction of 1A0 or more whig votes. 4. A thorough and efficient organisation of the whig party ot the oounty. for the purpose cf making atill more brilliant the vletory which awaits our glorious cause. Resolved further. That a whig State convention of delegates chosen by the people, shall be held In this olty, on tne third Wednesday of April next, to bring together, and proclaim to the whlgs of the Union, the sentiments of our people, thus ascertained, and to take such aotion In relation to the appointment of delegates to a national convention, and the selection of eleotors of president and vioe president, at it may deem proper-the appointment of a State oentral committee, and suoh other business as may tend to secure the suocess of whig principle*. The offer of this substitute, coining from a well known zealous Corwin man, raised a very great, though as afterwards admitted on all hand*, an unnecessary excitement. For a time, all pretension to order and decorum was thrown aside, and the confusion was only finally arrested by the withdrawal of the offered substitute by the mover, who was so mortified at the cooduct of his whig brethren, oh to withdraw from | the convention. > Subsequent explanation showed that it was principally the Clay portion of the convention who made the fuss about this substitute. Indeed, a number of the Taylor men were heard to express themselves satisfied with it, and said, that had it been proposed in the first instance they wonld have consented to its adoption; any way which would give them a chance to come before the people with their man, was their motto. After Mr. Campbell had withdrawn his substitute, the resolutions as reported,were adopted. The business of the c9nvention being finished, the crowd dispersed without a formal adjournment. amidst cneering which "made the welkin ring," interspersed with cries of "for Tom Corwiii" in one direction, "for old Rough and Ready" in another, and here and there "for the noble Harry Clay," while anon a voice or two chimed in, "for Gov. Ford"?"for Delano"?"for Collier"?and in this manner, the masses of the patriotic and zealous buckeye whigs moved out of the State House yard. As the crowd thinned oft'there was seen here and there groups of two, four, or halt a dozen, tiHe-u-tctc, discussing in low tones, yet with evident earnestness, some of the incidents of the convention. These were those who assume to lead. As a closing remark, I will add my opinion as a disinterested, and I trust, impartial observer, that in respect to the nomination for governor, I think there is general satisfaction in the whig party?unless it be with that portion (quite smnll) who are sensitive about supporting in any manner, the doctrines of abolitionism, with which, it is said, the whig nominee has heretofore shown sympathy ol feeling. But as respects the action of the convention in reference to a presidential candidate, there remains much division of feeling?of which, more in the sequel. Western Scrihe. The Gaines Cut. IKrom the New Orleans Delta | New Orli:a>j, Jan. 27, 1848 Ukktlemk.k?not one of the notices taken by the publio press, of the recent deoislon of the Gaines ease, ' which I have seen, puts this decision in its true light, and as a very large number of Individuals, both in this and some of the other States, are deeply Interested In the final result of Mrs. Oalnes' claims; and, as much of my time is taken up in giving explanations to those who okll upon me for information, 1 have thought It beet to request that vou would publish the whole of the short brief whioh I had tbe honor to famish the Supreme Court of the United States, and the oounsel of Mrs uaines, too ar^ueu tag dm* ki whoingua many 01 those who hare read this brief, or rather, condensation of the very voluminous reoord of the Patterson out. hare been kind enough to My that the publication of It would, in their opinion, be the bent mode of putting the public generally in possession of th?tacts it contain*, and of whiob every reader would be able to judge for himself?and 1 think this the more necessary, inasmuch as even here, where the suit originated, ana where the reoord is to be found, i" not 4 Maptr ndtice ?h? jnv?i 'aar? laisew of the oaae has been oorreot In the most important facts, and which faota I will take the responsibility of stating in as flsw wards as possible. Salts in Chancery hare besn brought by Mrs. Gaines egtinat some eighty to one hundred persons holding property In this State, which has, as she alleges, and as she haa proved and will oontinue to prore, been illegally | die poeed of by the pretended executors of her father, the la;e Daniel Clark. Most of these defendants entered ' demurrers to her bill, which demurrers ware sustained J by the Circuit Court here, and from which opinion Mrs. Otines appealed to the Supreme Court of the United States, and. after long delayi and great exertions on the part of the defendants to hare these demurrers sustained, the opinion of the lower court was reversed, the demurrers overruled, and the defendants ordered to answer to the merita*of the oause. So far, so good. Meantime, one of the defendants, Churles Patterson, oame forward with the laudable view of having the olaim of plaintiff settled at oaoe upon its merits?and, to this end, answered to the merits. The testimony produoed in the case bad been taken with great care, and shows that all tbs witnesses were thuroughly cross-examined by the numerous counsel employed by the numerous defendants The oase was fully and ably argued here on the part of defendant; but it vas made eat so olear, judgment waa given In favor of plaintiff, from whioh defendant appealed; yet it is constantly said in the papers that the judgment beI low was againtt plaintiff , whioh is not the faot; nor is it correct, as stated in the article on this subjeot which apperred in your paper if the jftth inst, that the testimony upon which this decision was given had been rejaotad I in other oaats, for no other of plaintiff's cases has, up to ' this hour, been tried or decided. I have been thus parti| oular in my explanation of this business, because I see an evident determination on the part of toe defendants or their friends to keep up the unfounded prejudices with whioh Mrs Oainaa nan had for ao many years to contend In this community. It is unfair, nay, ungenerous, to attempt to keep them alive after the highest tribunal known to the laws of the oountry have decided both the oases which have gone up on appeal In her favor. It Is said, too. that the Patterson oasa is a madeup osa, and does not settle the mala question. This is really carrying the joke too tar. 1 assert, without the fear of contradiction, that theoase In question waa conducfted with the strictest rales of propriety; that the main questions, to wit, those of the legitimacy of plaintiff. and the existence and destruction or loss of the will of 1813, were Involved in it; that one of these question* ?that of legitlmaoy?has been definitively decided In her favor; and that, as the legitimate and foroed heir of her said father, she is entitled to four-tifths of his estate, independent of what mav oome out of. or be the result of, her olatm under the' will of 1813; ana that, If thm numerous defendant* who, with the positive evidxnot of thus results curing them In the face, still persist In defending the suit, end trying by publioatione and conversations, to make light of what hw been accomplished, they will, ere long, find to their coat, that there are independent, impartial and honorable judlolal tribunal* in our country, where pr?judlce and ridlonle will meet a proper reaponae. . The pointa settled in the late dtfoision are thoaa to be found under the third, fourth, and firat paragraph of the fire points or heada in my brief. It la also proper 1 should stat? that 1 did not come into thla particular oaae as one of the counsel of Mrs. (Jalnea, until after the deciaien in the.Cliouit Court; It was ably and eucc?aefully conduced by the several counsel flrat employed by her WM. CHRISTY. RR1KF O* ARGUMENT OK WILLIAM CHRISTY, Attorney of the Appellee, in lite cane of Patttrton r$. (James, on Appeal to the Supreme Court of (Ae United Statee,froin the Ninth Circuit Court. 1 ne novelty of thla caae, (for there never has been one like it In all reapeota reported,) together with the great amouut of property lnvolvtd and depending upon the final irsue of the question, have given to it a kind of romantic character, Interest and notoriety, far beyond ordinary suite, and iar beyond what it deserves, for, in reality, the questions to he decided, rest upon the nature! interpretation of laws. w?U known and well understood by all well-informed professional gentlemen : and suoh will the Court find the facta to be after a patient examination of the unnecesaarily volumlnoos reoord rhich the oaae preaenta, for nearly one-half of the 407 printed pagea It contains, are repetitious, or are entirely irrelevant: this arose from the olroumatance of a whole record of a proceeding in the Court of I'robatea having beeu introduced on ttie trial below, and whioh the officer* of the court would not separate or eertlfy in part. Kor the take of convenience, I shall present my brief or argument, nod reference to authorities under separate and diatinct heada: previous to whioh, however, I crave the indulgence of the Court, whilst I endeavor, as suootoctly a* poeeible, to give a sketch or history of the ease, which may prove beneficial in the examination of the record The late Daniel Clark, an Irishman by birth, and a W? of education, of extraordinary talents and great pride of charaotcr, settled in New Orleans about the year 1780, aa a merchant, hla ellorta were orowoed with (access, and In a few yeara he ae<|ulr*d a large fortune, and by his gentlemanly manners and llberallta^ drew arouad him many ol the then most reipeotabte olozanaof the country,who became his snthnsiaatln personal friends and admirers. It ia weil known that the standard of morality in Louisiana was not, at ao early a period of Ita history, what It new ia, and that the manners and customs of Its inhabitants differed widely from thoae of the other Htates of the L'o Ion generally, and that one of the prominent dif iereuoea waa tnat of the latitude given to the married, aa well as to the unmarried men, iu their Intercourse with tbeothrtr sex Mr Clark did, no doubt, like many otheri equally aa respectable aa hlmaelf, take advantage of the timea, circumstance*, and manners of the country In this particular ; and in tola state of thioge, and between the yeara 1794 and 1*03, he beoaaae acquainted with end enamored af one / jllme da Carriers, a very beautiful ci?ole Is ly of Louisiana, who had bees married la the city of Near Crleaai, ia uu yaw 1TB4, te one Jerome C. Orange, aa [ERA 348. shown by th? notarial records of Kranoia?o Btoutln.then i a notary public in the olty of New OileanH. aud who*? i records are now in my possession, and which records < how, that in making tha proof required by law. i>r?t ious i to marriage, the Important retfuiaite of the usu*l publication of tha banns, wblob would bare detented th< ?aid Da (irange, who waa about to commit the crinm of bigamy. waa dispeesed with, and the ntarrian* tc. u-d Not long after this marriage, Mtn Da Carrier# discovered that the said Da Urange waa r. married man at tha time he married her. and that hi* fli'at wlfi w?s living : which first narrlage took place In tha city of New Yark in the year 1790, an authentic eertifl'-ate of which marriage, given l>y the latbollo priest who celebrat*'! tha nuptials, and whtoh Is dated In 180ft. is also now In my possession, but which, unfortunately, is not of record in the present suit, for it waa discovered too late to introduce?this defcnt, however, is wrnply enrart by the abundance of proof of said marriage, which will bo found ot record. Da (irange, having bean prosecuted for bigamy, condemned and thrown into priann; from which, however, he asoaped, and was never again hear t of in Louistaua ; and, the fact of his first marrluge haviag been clearly proved, <;iark went to rbiiarirlphla wuh tlia said Mies l)e Carriers in 180.1, where he married hur eecrntly, tiiere being no legal impediment in tha way, as her inttrriaae waa null anil vntil oh inilin The motives which ioflnenoed Clark to retort to a secret marriage, ara accounted for by mtukI of the witmum, who knew him and hi* character wall : none, however, need be aasigncd or sought alter ; they are not neoessary to the suooess of the present claimant ; the proof of this secret marriage la ample : and from the establishment of whioh, aside from all conjectures ax to motives, will result the triumph of Mrs. Gaines, who proves to be the only legitimate offspring of the said marriage. The secret of this private marriage wan rigidly kept by the parties themselves, >s well as bv the witnesses who were present at the celebration. The parties returned to New Orleans, and. In 1806 or 1800, the claimant. Mrs Gaines, was born in the house of Pierre Baron Bolsfontaine, one of the important witnesses in this case Preparations were made for her birth by Clark, who, when she was but eight days old, placed her with Hain't B. Davis aad wife, to be raised?acknowledging to thorn then, and at all times after, up to the day of his death, that she was his child, and provided for her accordingly. Mr. and Mrs. Davis also kept the secret. 'The childgtew into womanhood, believing herself to be the daughter of her protectors, until some twenty-three or four years had passed awsy, when she accidentally discovered a letter to Mr. Davis, whioh developed her real psrentage and condition; soon after which, she marikd a Mr. Whitney, of New Vork, and. for the purponecf looking into hei legal and birth rights, prooeeded to New Orleans. by way of the Island or Cuba, where Joseph Devilla Degoutin Brlleohasse, another important witness in this oase, resided, and from whom she learned that her father had died in 1813; that his will of 1811 had twen produoed, proved and probated, by whioh h? had left bis whole estate to his mother, and appointed Richard Relf and Beverly ('hew his Kxecutors. Hhealso learned from ssveral of the old friends of her father, from her mother, and others, what has been related, touching the marriages, &.o , and that her father had made and executed another olographic will, a few weeks before his death in 1H13, by which be had acknowledged her to be ins legitimate ohlld, and constituted her hi* universal heir and legatee; had revoked the will of 1811, and appointed other exeocutors than Relt and Chew; that the said last will had been lost or destroyed: and that the executors under the will of 1811, had taken possession of her father's estate, and grossly mismanaged it; all which circumstances have led to the present suit. The mother of Mrs. Gaines beoomiog dlssatlstiid with Mr Clark's oonduct towards her, (see testimony) re paired to Philadelphia, and there, in the year 1897 or 1808. married a Mr. Gardette, under the Impression, created by the interference of interested persons, that her marriage with Mr. Clark was not valid. Thus, we bnd the novel occurrence of a lady having three liusbautfii living at the same time, one only of whom was, in reality, her lawful spouse; andthe case presents a still more novel fact, which has been clearly proved by many highly credible witnesses, the oerreotness of whose tes tlmony is plaoed beyond all possible doubt, hy a com bination of circumstances, in themselves irresistible, of this lady having acted in good faith in every instance of marriage. I am now brought to the division and olnssiflciuion of the subject, and herein I propose to show and to establish First?The marriage of Jerome De Grange to a lady in New Vork, about the year I7I?0 Second?His marriage to Miss De Carrier* in New Orleans about the year 1794 and that his first wu'a was living at the time of bis seoond marriage. 'I'Kof I.t. n.nUI I'l.ak ?.a i . .r.n - maBMU.I to the said Miss Da Carriere In the city of i'hiiu del phis, In the year 1803 and that tbn present claimant is the only legitimate offspring of this marriag't, and coufequently, the forced heir of the deceased. Fourth?That ahe, the said Mrs Uaines, aa forced hair, Inherited the four-fifths of tUe estate left bv h?r , Mid father, area If he had endeavored to disinherit her by the will of 1811, the validity of which is not, however, admitted. Fifth?That he, the said Daniel Clark, did make his laat will a very short time before his death, in the year 1813 by whleh he acknowledged the said Mrs U tin ex to be his only legitimate oblld, and by which lie left her his whole fortune, (with the exception of a few legacies and an Annuity to hi* mother far life) and constituted her hie universal heir and legatee, and by whloh he revoked the will of 1811, whleh has been probated; alt which be bad a right to do, under the then existing laws of the territory of Orleans QSixth?That the said last will of Id IS wan lout or wantonly destroyed, and an old uue of lbll subs.itu'eil in its place, by whioh the mother of the testutur w?s acknowledged as his heir, and under which Rlrv.av,l Rolf and Beverly Chew, as executors, took poesrsUcn if his estate, which they have grossly ml*Riun?g?d; th? grtater part of whloh they hive disposed of contrary to law, even under the ill nf 18ii, anl no part of wuicb they have ever propeviy accounted for to any onu. or to th? proper legal tribunal Seventh?That the exlstenro, contents, and destruction or loss of said Will ot 1813, belli* w>tabMshed, the probate thereof mutt necessarily be dispensed with, its validity acknowledged, and ita requisites put into full effect and operation, to th^ total annihilation or exclusion of everything whloli has been done under the will o^ 1811, and the present claimant acknowledged at the only rightful heir of the said Daniel Clark. Righth?Tbat ifa d'>ubt should exist as to the marriage of Clark, yet the will of 1813, viewed as a will orss a private writing, legitlmatised the claimant, under the Spanish laws, which were in force La Louisiana at the time of Its exeoution. I wish it to bo distinctly anderstood. that in trra'.lng this case, I shall confine myself to tbn laws and decisions whloh 1 am satisfied govern It, and under wbicn 1 have no hesitation In saying, it ought to bs, an l will be, galMd; Independent of inn equity In favor of the claimant, whloh will bs found to exist in bold relief in every point which oan possibly bs made on either side, in thd course of the Investigation I have adopted this course, because I know that several of the eounsel cngsgsd with me will, by their arguments, do much more justice to the equity side of this Important qusstlon. thsn I am capable of doing. I'roofi and Jlrgumtnli to mtmblith the Fir*I J'otnt. Can parol testimony, and the oonfsssion of Ds Grange, be admitted to prove this point * They oan. The general rule of evldsnos, which requires that the beet which the nature of the case admits of, must bs produced, would, on ths first blush of tbs case, seem to require written evldmce of this marriage; hut it will ibs seen that this rigid rule has given way under numerous decisions, In cases like the present, and for the best of all possibls reasons. In many States of the Union, records of the celebration of marriages are net requited by law to bs kspt. But suppose the contrary to be the law. still the osse inqnestion doss not. undsr ths decisions of ths mguesc mate iriouniis, require written uvtaunceoi roar rlag*; and In aupport of this position, I will flr*t olta the lava and decision* in Louisiana,as bearing more directly upon thia mm than thoaa of any other bUte. Article 107 of tba amsnded coda of Louisiana, requires that -'the marriage nut ba celebrated in tha presence of three witnesses of fall ?ge, and an act ranu be mada of tha celebration, signed by tha paraon who oelebrates the marriaga, by tha parti**, and by the witnesses." These requisites would appear to be imperative, and of MirM would exclude all parol etldence of a celebration of marriage, and yet the Supreme Court of the Stat* haa decided that " The Louisiana Code doca not declare null a marriage, not preceded by a lie use, aud not evidenoed by an Act algned by a certain number of witnesses and the parties. Nor duel It make such an Aot exclusive evidence of a marriage. Tfcose lav s relating to forma and osremonies are directory to those alone, who are authorised to celebrate marriages " " Marriages may be proved by any speoles of evidence not prohibited by law, which does not pre-suppose a higher speoles of evidence in the power uf the party. Cohabitation as man and wife furnishes presumptive evidence of a preceding marriage.|rt Louisiana reports, p 461 ] The Judge who delivered this opinion, uses this strong language, Marriage la regarded by onr liw in no oth< r light than as a oivll contraot, highly fsvored, and depending essentially on the free consent of the parties, capable, by law, of contracting " And, If it were otherwise, inevitable difficulties would atlse. and, in irany instances, decisions of Illegitimacy of the offspring of marriages. In good faiih and by consent of all partus and lri?nds, would follow , Or, to my pertonal knowledge, many marriages, pe.iectiy good n der the deoision above referred to, wouli not be good If reoord proof was alone admissable to prove them ; because very few of the clergy who oeiebrated uiarrmges in Louisiana for several years alter the passage and existence of tha eode, mad* the neoessary reoord of the calebratlon ; indeed, I have myself kuoeu otiu instable in whioh the clergyman who officiated actually ret-i*' d to doso. although he oelebrated the mtm? > ; suppose, then, that ihts very marriage, at whioh I was present, tfhonld be disputed, the only evidence t lat oon!d be adduced, would bs parol Hee also, 10 Martin s Reports, p 41 > and 4 do p 471,1b both of whioh caars, the aam? dre trine is suainMiued and settled. Nee, also, 4 Johnson's Reports, p. 6i, wherein it is decided that "an autoal marriage may be Inferred in or- i dlnary oases, from co-habitation, acknowledunicnt of | the parties, fca. No formal solemnisation i; requisite." < See also 18 Johnson, p 340, confirmatory: 1" Ksst, p. . I 481. Anthony's Nisi Prisls, t> I <>3, 194, N A " Many other decisions confirmatory < f those cited i might b? add*d, and strong arguments *<Muo?d in support of them, suoh as the absolute necessity ot admit- > i ting parol testimony and the acknowledgment of tiie | i parties, to prove legal marriages ; if this were not tha j I aw, and thoa* who axe legally authorised tooeUbmte ' marriage* should aegUst their duty in uiatii g i > ? pr<. I Kr reoord,** they do la every oountry. th*oondHlon of MMdi *f t*? most r*sp**Ubi* ?ltU?m la no- j .. , ... . , a.*rm LjD. I ftlM Twa CaaiMt H nunitltj, woul4 W-? H>? lantcnUMA ; hut I knowtlu. t'^ unn?o>fairy ?u uri(a n prlaolpl* Of nn wall p?t*bll(h?4 h<] th'< ou? oont njti'l 'or. 11,100 ho ora!iucUt^iio'l n tribunal a* that of ttia Hupr?m? Court of tl?o I'nltfJ ; I will, <Utr?lo(ri, turu mgr attin'lxi t) lh? proof# of r*ca:d to >? uuder tt?? priaelptt f*t?blish?d At p -Jl'J, of th? printed rraord tho t?*timooy of \Ta 1. B-ngui'M (uolmp"?',bf J) p<". ?li? *p(i'iowlr?l(jmjat of L)?Oracg?,'n N?w Or''an<, that li<> a niarri?d m*n at th? liar hi ruafH-d M;>? 0*l*rri?re. hd<1 h?d ab?ndoiud h'l flrft ?i(? ; and tin tviiur * t?*ti*W? that ku ku?w tJi? 1 lir?t wil> in New ')r:>Mo*. mftdr tfoa preeosd mai-ru**, whioli shows thitt phn v t- i?!lv*!?t th? time it took pine* ; and rh*t thw aaid tlrnt wlfa brought with h?r proof* of her marrlni;a ; conaequ'iiUy 'h? full Mcond marriai;* W'i? null nnd tcH, ah initio the t?timioy 01 Madame l)t>Rpau p Ml who fnwi the deiitruotiou of tii?? MR I try of roarr'a*- In N'w Vork. To put all doubta a* to th < c Directive of thli * *1mony at rent, ?e? at page 'JOtf, tlin oertif>d copy of thj mutilated record of n null of Zulluin De < 'wrier* vj Jerome De Grange, brought in the late City <'"urtof the Territory of Orleans, for bigamy, and bat f >r the loss of oari of tfas record la this cue, p irol t?s'.lt:vo:ijr of the first tnrrria^e would not have to hi r-'^'/rted t >; bat what can bo -uore conclusive in the w?v of pro.fof any fact, not of record, than that which has been adduced in thin instance? Here in a beginoii.g of proof in writing, (the record of th? suit) oonlirui'id ?i<l no't lull? carried oat t?y the au'.tonwl'-dnnieiit of D<i Grange himself. voluntary made,which acknowledgment alone, under the dcuisicns herein before referred to. la amply sufficient to prove the marries; It will be aeen, too, that under three decision*, it it not necessary to puraiie the usual course of shewing thei.>ss of the wtUten evidenoe. even if it were cl??r that the laws of New V'ork or of Louisiana required that record evident of marriages ahould be kept, aud that no other proof of the celebration should be given on trials of this kind The establishment of this first and important point, opens a wide door fortbeadinirsion of all the ot hers, the truth whereof will seem to follew, step by step, ulwcst as a matter of course. 1 will batten therefore to tfao Prooft a'\d Jlrnum?nt$ to utahliih the SeroiiJ Point This point can be disposed of in a very sunnnary manner; the proof of the marriage of claimant's mother to De Orange in New Otlears, wouW saom to devolve upon the defendant iu tin case below; but tbero being no doubt about the faot, it is proper to adnit (aa the testimony of several of the witnesses goes to show) that this marriave did take place, in gwtl taith on the pnrt of .Misn De Carriers, in the city of New Orieau*. about tiie year 1794; otherwise it would not hare be?n ueces.niry for her to bring anit as she did again*: the name of De Orange, la the year ISt'ti. Indeed, tbis suit was notneci'ssary, as all she had to do was to obtain the proof of his first marriage; this done, her mariiage b ic irno null and void, ah iniho, so tar us xhe was concerned. To establish the second ground cf this po'.nt, to wit: that the first wu'e vt l)? Orange wa.i living when he married the second, ?ee the testimony of Madame Uenguertl, to be found at p. J1J of tho record, and already commented upon ; it is clear and explicit, and wi'l enable the court to bo satisfied as to tho existence of the said first wife. Prooft anil Jlrgument s In ettabUth the Third Point. This marriage Is so clearly established by the evidsnr* of record. th '.t I ahull rtu but little moro thun to refer to it. The testimony of Madame Despau, to be found at p IG3, shows that aba was p arent at the oelrbration. that ahe afterwards went to Philadelphia to obt tin proof of it, aud was uuable to do so, a<j the priest who cfilcia > ted had left the oountry, and the records could not be found; and that Clark auknowl*dged the marrow* to her, aud told her that he had Informed Colonel > ti Davis, Mr. Danlol W. Co^e, arid Mr. Richard lie If, of his marriage Add to this positive, uuhn peached and uncontradiotid testimony, the fact nl Cluik's repeated aoknowlelgment to her acd to mary others of the claimant as betuk his child, and the moat sk> ptlcul could no: Hn,l i M.lnl >1,1.1, ?/ . V-..,.,. , ... marriage : the name witness was at the hlrth of nlairaant In I80t>, and know* iier to bu the sum* person Hut, to make bsiarauce dot; jly ?uie. I rtWr particularly to the teetlrcoiiy of I'iurra Baron B.dsfictaiae, in whese bouse the raid thild w born, to bi fouud at p II!); Ciark not only acknowledged the marrU^'1 to Dim, but also acknowledged Ibe child, provided tor ucr. and said that h? should acknowledge hi r lu tils will The same ackuoiviedguicnt w*fl ui.iUj to Madame Smith; see her testimony at p. 133. The faot of Clark's marriage being thu< established beyond a doubt, I row nboiv tiie legal elfoct cf It touching the rights of ciaimanf . Hte ClVil Cftil* of IStIS, i 11 Title of Father aDd Child, Article 7, whioh say* "The law cousiders the huslaad cf the mother es the father ot kit chil JTeu conceived during the iunrri?t;? Tl?o law o-'mltli neither the exaeptlon of the wife's adultery nor tie alienation of the husband's natural or a cid ;i il impotency." The Amended end* of 1834, souiuieucitv, at Artialo 197, baa the same provision. S-.e a'so testimony generally, shewing that there was I to other child born ot ibis marriage. | Prooft rtnd argum?n's fi . .'if Fo-irth Pjiw' ! The Civil Code of 1H0?, lu toree 'it the time of (/lark's | death, ebnpter 3d, Sto. 1, Art 19. pege3U, deolares "That donation/", either lut?r-vivos or mortis o*ufa canro exceed the filth part of the property of ttte r, if ho leaves, at his decease, one or uirr? l?fiitliai*re rhlldren, or descendants bora, or to bo b^rn." This law neids no coicment j It has been reotynfsed by many I?oisions of Ite Hupreine Court of Louisiana Uui it inay possibly be asked, what will bjoome of the o"iuiuuniiy rights of the mother, if the marriage to <;u>k be ?e:abllih<Hl ? If so. I would m?wdr, rbhi sunioient fnr the-lay is the aril thereof ; that uo sueh | lea or claim l.i\? hjen set up in the presrvt cans : Chat wr.entver it i:i male, we ihali be fully prepared to meet it leih it uiey b?> shTwn thnt, sbo rer.'Uriced the community, <>rt'*.t eha hts a*si|fo?d or iHspo?-d ot her rights, or that ths ociainanity was act uilly ..t, tm. tlri* the wh' i*of tlie prop-rfy in question b-iciiged to Clirlt before hii uarrlaga, nod oonsc )uentl> does not it/,. . in clliuiuUty. t'too ft and Mvgumtnii hi ttlj'ilisk th- V f:\ Point. The oro"f f3? exseution, au t loss or distraction of this will, is so aiTijil* at".1 eo-'oiuitive, as shown nijon the record, th?i i am r'atly at a, lo.? to decide upcu the in which I shall call the utt^ij'lca cf tn ; oour!. to it, by ?uy specie* of artcuranct by ws.y of explanation, which would not have tne up^eararc* of supererogation; nor is tbo proof of l?s extents ou"h l"s^ abundant; but ns I know that the claimint f -els a deep Interest in the estabii'hncnt of the.-"* isc'.s. 1 must crave the indulgence of the Court, whtl?t I ooanentat larpi upjn the testimony to be relied upon; but I wiah it to m distinctly understood t/sat, in doing so, I s.v;,.,l notioie light of tb? nncontroverted principle cf law. laid down in the four'h point, that the elaiinsiut ciuet reoover lour tints of ths estate, even if the will ol ISM should not be satisfactorily established 1 set cut, thenjwith the assertion, that th->re Ij no inception which takes wills out of the ^rnrrai rule < I evidnice governing the proof of the cont ;oia C lost d^eds or written instruments?on the ceutfary it ii?s boen laid down in Starkie, that the contents of a wM liavu b?en iuilered to ^ !ifov?*o, bscause tbo oru b d, beiug In '.b? Court of Chr.neeiy, oould ; ot be procuro'l Threj dis'inet kinds of wills may be execit'ej under the Uts of Ljulsiau t, ns th?y existed tn h!8, aud an tbM/now exist; one of which Is ctlifd an nloigrapMa will or testament, " which is raude ?ad written My tho testator Uimselt, without the presence of a><y wituess: it mty be either open or sealed; bu < whan it is sealed, lc need* no other superscription than this, or words squiv- , lent:'This is my olographic will or odicil,' wuteh *uper?e?!ption must be signed by the teMator."?Civil Codwof i?iw. p U?o, art. 103 "An ol'i(jrapblo lestuuleut or c^dloll shall not be valid nnlees it be entirely written, signed and d itedwilh the Testator's hand lb. The will 1q ijuestion wis on* of this d,'*9ription, olothed with all the mlnutiio ot form pointed out by tUia law ; to prove this beyond a doubc, I rojort to tho evidence. The testimony of Madame Smith, on this point, will be found at p 13'); she wis very intimately acquainted with Mr. CUrk ; nu-? suokled the claim ,uc, wo . .? ac knowledge! hy him t? be his only ch;.J, and ? ho w,n to Inherit his lortnne ; Mr Clark explained toh>> way h? nude the wl'l of 181I ; he had ibeu provided lor hi* child by onnfldoutiel mHosier of property ; other witnesses, to whom there transfers were mad", to wit : ? Mtnl. B Kkr's Uusnsu de la Croix,and Jos Uuvtlie Degoutin Uri|^h*i>s?. c< utttrn ti?u important fac:. in the year 1413, Mr. Clark fMd wltuesi that he hn 1 d<.t-rmiu?d to protect the interest of hie child, by exeoutla^ another will, in which he intended to ftOKnowied^e L-r as liis legitimate child ; hs did execute the inuu i will, and i>rought it to the house of witness, lis i t) re hU death?she read it, and wed remembers its oonte-j s. TI.e will was dated ia July, IH13, wis an olo^-jp- :a one, written and signed >iy toe testator ; it ww ecUuowledged by him, uud in it ?? declared the olaioian to he his only legitlmato child, and constituted her h>-universal lisir and legate*; the witnets had po<? *<< ? < the wHI twenty taur hours, r?ad it wi.h grttt care,.. 1 remembers its contents p-rteatly 'fre rr.aonsr "f > Clark, when h* p--s?nted the will tj witness to :> ? 1, was r,'liii. k-ihle, and nii'.y su'.h as one conoious of bis being a father, ccu'd put on or f\?sunie j his whole <v> vernation, on his last vtstt to witness, whs nl>- ut his daughwt:, and was of the most fetiing uud ?ifectlotr*t? character ; in short, the whole of this I?stl;3'-ny l? iri'fslstible, and, when lakeii in tijn wiiu (h.?t cf other witne:.?*s, must be oensidered as belti; eutUlod Is unbounded credit. The next witO'ss, whose test'm most n-any *?si. milat-s lt*?lf to thut ?t Mr>. d.nlth, ? thii cf JynjU iJenil? Degoatin Beil'niMMs*, to h* found at p 147. t. acknowledged to hlw Ihv the o'dil ess hi*; ne, C'*r'5, eonveye.d property conuor lally to lilui lor thm ciill ;, i.od tlicn icade tuu hurt. ?al '( it'll U thought thi oh.ld prtucted and piovldf'i lor, a", t'?e tiui this v. l w ie ma fa, and why, it ?n>?y I'e as J did he chaii<? i uiind, uud execute another wil.i. he ti u<jh the lu'. r :j, ol his chil l wss well protected' 't'ne answer l* ohviou', iho object v es, -o i.uhuowledg* to the world U..u si. 1 was ? legitimate sni mt art i.l-gktiniate child.aud th r?. by d>? fcu *<?t of cunmoa justice to a daughter * But to reluin to t'le testimony. In 1813, vr. < I >rk ' foi m-d wltoesnoi hislutoution to inskean i ? er will d r-'ijueet-d to consent to bsooice one othis . \ecutor-. h? i-aid h? should ?cknowl<>d^a Myrn, tne ou.l 1 iu qusj lion, to be bis le, lt'.mi;ta and only child aad heirt?< ci a'l bis est3te; an 1 a fi'ry sht>rt time l?ef?t.< . ue si'.<;ii re i>f the testator. ^hi'h ended in hi* deatM, hi , Cl uk a; h .s owu hous^. t<? k 11 oai a sioa.1 Mao I ki?, his s ?i J will, und precei'ited it i pen to wltif's end 'tnl/.s PUot to reid it w?s wh ly w*in?n d*t?d uud ?i|;:i?d hy t larh; wltnera, 1'itot anJ U la Cioix w<ii' uciuodas extcotors, *ud .>1 via, the child was a knowledged to be lil' K'^iliinH'e di?uAh.L<r ana h^ires ot?il his estates The couaiuiion of the t'stini >ny of this wi'n?j? hears h^rd upon the conduct ft ons of the friend* ot C a.?, ko ? .sptesont ?t lit C' -ih. aoil a? it Is nm u ctsser/ to ke eetKbltshuieitt et ibe i lu queetioa, 1 foresee cowisiitlBg upon II >1 present.

Other pages from this issue: