r|i j_|- Whole Ho. 5010. The Galnea Cane. I1R1KF OR AlKiOMKNT OK WILLIAM CHRISTY, Attorney of the Appellee, in the case of Pater son vs. Gaines, on Appeal to the Supreme Court oj the United States, from the Ninth Circuit Court. [concluded.] Proofs and Arguments to establish the Sixth Point. I ooms now to the testimony of Pierre Baron Bolslontwine, to be found at p. 119; than whom no more respectable man lived in the State of Louisiana. In tho testimony of this witness is to be found conflrmatlon ot that of all the others, strong as Holy Writ: nay more?for who oan read it without oomlliK to the conclusion that the will of 1813 was destroyed, at the cry moment in whioh the last vital spark of life was taking its flight from the corporal body ol the testator to another and a better world. He proves thai the child was born in his house; preparations for her birth were made by Mr. Clark, who plaoed her with Madame Davis, at the age of eight days; Clarke always acknowledged her to be his legitimate daughter, and declared that he should do so in bis will, the same will spoken of by so many witnesses; on the dry before and on the very day of bis death, Mr. Clark deolared to witness that he had acknowledged her legitimacy in this will, and constituted her his sole heiress; about fifteen days before his death, witness was at his house, and saw him " take from a small blaok oase a seated packet, which b? handed to Chevalier de la Croix and eaid, ' My last will is finished, it is in this sealed psoket with valuablo papers; as yon oonsented, I have made you in it tutor to my daughter; if any misfortune happens to me, will you do for her all you promised me ? Will you take her at onoe trom Mr. Davis? I hava given her all my aetata in my will, an annnity to my mother, nud some legaoies to friends; you, Pitot and Belleohasse, are the executors.' " Sto. After slating many minute circumstances, reciting conversations with Mr Clark, he., ha says, "The day Wore he died Mr Clark, speaking of his daughter Myra, told me that his last will was in his offloe room b -low, Id the little black oase: that he could die contented, us he had ensured his estate to her in his will; he manti nod his pleasure that he had made his mother eomfort able by an annuity, and remembered some friends by le gacivs," ha. "About two hours before bis death, Mr. < 'lurk showed strong feelings for said Myra, and told me, that be wished his will to be taken to Chevalier d? la Croix, as be wag ber tutor as well as one of the f xucuters in it, and juit aftewarda Mr. Clark told Lubin, bis oonQiientlul servant, to be snre, as soon as he died, to curry his little black case to Chevalier de la Croix; after this, and a very short time before Mr. Clark died, I saw Mr. Relf take a bundle of ksys from Mr. Clark's armolr, oaeol which. I believe, opened the little blaok case?I had seen Mr. Clark open It very often. Alter taking these keys from the armoir, Mr. Keif went below. When 1 went below, I did not see Mr. Kelt, and the office room door was shut Lubin told me that when Mr. Relf went down with the keys of the armoir, he followed, saw him there, on getting down, go into the offloe room, and that Mr. Relf, on going into the office room, looked the office room door. Almost Mr Clark's last words were, that his last will must be taken care of on said Myra's account." The testimony of Oallien Preval, who affixed the seals on the effeots or Mr. Clark, after his death, os required by law to be done, is to be found at p. 305; he says that " at the moment of elothing the proees-verbal, Rlcnard Relf having found in a trunk of the deceased, his olographic will, hs took it for the purpose of deliveting it to the judge of the court of probstes," bo. It is olearly shown, then, that Mr. Relf had fingered the papers of the deoeased before the seals were affixed, directly contrary to law, for the principal objaet of affixing seals is to prevent the destruction, or removal of any papers belonging to the deoeased; but at p. 333, the same witness is more explicit in his reoolleotion of the manner In whioh the will of 1311 was oroduoed ; he says, thst "he has no recollection of having seen Mr. Relf take the will of Mr Clark out of a trunk oontalning papers; thatit is deEwent'a belief that the seals had already been affixed by im upon the chamber, armoir, and bureau, when Mr. l Relf came and presented the will to htm." He says * that "the seals hadalready been affixed, from the otroam11anon cf the keeper of the seals having signed the prooes verbil befvre mention Is mide therein of the said will," See. Yes, 'lis unfortunately too true, that this will was not taken out of a trunk of the deoeased, It was taken, as this testimony clearly shows, out of the pooket of Mr. Relf, who had had possession of it from the day of Its execution To establish this faot. beyond a doubt, see the testimony of Oe la Croix, p 353, as well as that of several other witnesses, in which it will be seen that Mr. Clark informed them that be had made the will of 1811, In which Relf and Chew were named aa executors, and as he was about to revoke it, be did not wish them to knew of his intentions, us he did not wish to offend them 11 is at all times extremely unpleasant for the oouneel in such a case aa this to be compelled, in the performance of an Imperative and paramount duty, to draw inferencea from the testimony adduoed, which so deeply affect the moral character of a fellow-man, as is done In the caee before us; but the oonclusioas to be drawn from all the nroofs aud circumstances In this instance are oerfectlv irresistible, and though they fall with a heavy hand upon owe who has grown old, and generally through life been looked upon aa a man without roproaoh, Juattee to the memory of the dead and juatlce to the living, would eeem to cry aloud for retribution, for who, after reading the teetimony, oaufor a moment doubt that the will of 181S waa destroyed at the very moment of the demlae oi the eaid Clark? 1 might go on and ahow clearly, from the manner In whieh the exeoutora under the aabetltuted will of 1811 have managed the eetate of the deoeeaed, that there were strong peraonal intereata or motlvea whioh led to the feul aot of destroying that of 1813, but 1 forbear; 'tia enough to show,that the thing waa done,and I can conaoientioualy amy, that no one, who has no peraonal intereat in the result, of thia controversy, mere deeply regrets the unavoidable conclusions which result from the teetimony in the case, that a crime baa been committed, should have fallen where they have than I do. I shall be very brief in my effort to show that the executors under the will of 1811, have not done their duty; because, striotly speaking, it has but little to do with the case before the Court: for, by establishing the legitimacy of the claimant, all sales of the property of the estate must be declared null and void. This point has been so often decided by the Supreme Court oi Louisiana, that nothing need be aaid beyond that of referring the Court to Benjamin and Sltdell's Digest, or to Christy's Digest, a copy of the latter of which may be found in the Congress Library, Heads, Minora and Exeoutora But to enable the Court to comprehend this part of the subject with more faoillty, I will quote especially:? "A tutor baa not the power of alienating the property of his pupil except In the cases provided for by law, and thea only with the permission of the Judge."?3 Martin's Reports, p. 456. "The proceedings of the Court of Probates of a parish in whloh neither the minor, his tutor, or under-tntor reside, for the sale of his property are void."?4 Martin's Reports, p. 489. "A tutor oannot make a compromise respecting the Immovable property of a minor, without ajudloial decree which sanotions it."?10 Martin's Reports, p. 738 "An executor cannot sell the property or his testator by private sale, although authorised to dot extra-judlcially. Minors' property oannot be alienated in any other mods but that presortbed by law."?I Martin's Reports (Sew Series), p. 330. "A sale of minor's property without the legal solemnities is void; and a olroumstanoe of the parish judge net knowing it was the property of minors, will not render it valid. "?Ibid, p. 638. "Minors are not bound by a sale.of their property made under judioial prooeediags to whloh they were not parties "?5 Martin's Reports (New Series), p. 064 " The sale of minors' property by private oontraet Is absolutely null and void."?4 Louisiana Reports, p 309. Many other deolsions of the Supreme Court of Lousiana might be added In supporMf those already quoted, but it would be laboring to no purpose bo extend them any farther. It would here naturally occur to the reader to nsk for a reference to the ipwa alludsd to in the numerous decisions just quoted. I wffl, nMMNU) te> troduoe them without furihnr oomment. Section 19, at page 08 of the elvU node of 1808, declares that, "within ten days after the conclusion of the inventory, it shall ba the duty of the tator to proceed to the solo of the movable ana immovable property of hie ward." Art. 60 " This sale shall ba authorUad by the judge, and mu? at paouo auction, ucn having e?en duly advertised." ho Art 67. The juJge, at the time of authorising the said Ml*, shall fix, wit h the advice of the meeting of the family, the several term* of oredlc at which the mlaor'i property ehall be sold, as well as the rate of interact, the recuritiento be given by the purchaser, and the other conditions of the late, ai the oaae may requira." Article AS " The miuor'i property can not be sold for lees than the amount of it* appraieed value, mentioned in the inventory." k3. Art A3. Tbue stood the law until the year 1811, when the Legislature of the State of Louisiana passed an aot, approved on the 10th of March, the first section of whloh declares, " That from tha passing of this aet, the property of minors shall be kept unsold, unless the tntor, with the consent of the under gusrdlan, and at least Ave of the nearest rslativss of the mlaor, or of an equal number of friends, if there are no relations, duly sworn to declare the truth, the whole tiuth, and nothing bnt the truth, shall deolare that it is for ths Interest of the minor that the said property, or part thereof, be sold." This statute repealed the provisions of this eode Jnst looted In several important points; it was in tail foroe at tha time of the death of Mr Clark, continued to be in foroe up to the time of the adoption of the amended code, by whloh It was re enacted, and is at this moment In full foroe in the State of Louisiana See, also, oivil oode of 1809. p. 344, Art. 168, whloh compels exeontors to close up tne estate in one year and * day, r to get an extension of time, neither of whloh w?i ever done by Chew and Relf; Indeed, they have net yet rendered the proper and necessary account required by law, nor have they ever made a single legal sale of property And heru I will refer to one Instance,whioh oarrias tha seeds or its own destruction in its most vital parts; I allude to the sale of a plantation and alaves, now owned by Madame Holiday, and situate In another parish than that of Ofleaos. See reoord, p 407. The register of wills, fur ths parish of Orleans, proceeded to the spot, and told this property and slaves Hie authority to aet loan <-lilaial capacity, waa, by l.w, confined to tha parish ef Orleans, lor whloh he waa register, and he could no more make suoh a sale (even under an order of the probata oourt) than the sheriff of the parish of Orlaans oonld hare do te. This point baa been settled by tha conns of Louisiana - nay, they have gone so far as to declare an eutbentlo notarial aet Bull aad void, which purported on the Ikes ef it to hare been dated aad eauautad la tha pariah for whieh tha aetery wha dsuw tt E NE # - ' NE) waa appointed, becauae it iu proved that it waa algnad in am adjoining one 9aa 0 Martin'a raporta, p. 489. Aa a farther inatanee of the groaa mismanagement or negleot on the part of the exeoutora, aa before alleged, the item of Intereat accruing on a portion of the priea of aaid property, to wit: nearly nine year'a intereat on $40,000, at aix par cant, amounting to abont $30,000, ia not mentioned in theacoount of adminiatratlon, filed by aaid exeoutora, on the 37th of Auguat, 1838, twenty-five yeara after their appointment. And here it may be wall to refer to the title by which Patterson acquired the property in q neat ion. It will be fouad at p. 319 of the record, where it will be aeen tint ha purobaeed it from one Oabriel Correjollea, who purchteed the aame, with other property, from Moaara. Chew and Relf, aoting in their doable oapaoitiea of exeoutora of Daniel Clark, andagenta and attorneya in fact of 10a mother, Mary Clerk It will be aeen by an examination of thla act of purchaae, to be found at p. 337, that aeveral of the important requiaitea to ba obeerved in theaale of mlnot'a property, aa laid down ia the ltwa and deoialona hereinbefore quoted, ware omitted, oonae queutly the tale must be declared, by this oourt, null ana void, m liss been done by the ocurt below. Before closing my remarks on this bead, I must refer to, and oommont more minutely than I hare done, upon the testimony of Dusuan de la Croix, which is somewhat contradictory, bat, nevertheless, strongly in favor of the olaimant, because of its confirmation in many particulars of that of several other witnesses. How is his testimony, which has evidently been given under feelings prejudicial to the olaimant, as the whole tenor of It shows, to be reconciled with his oonduet the very day after the probate of the will of 1811, when he went into the Probate Coart, and swore to the contents of a petition, setting forth that " he had strong reasons to believe, and does verily believe, that the late Daniel Clarke lias mads a testament or oodleil posterior to that whtoh has been opened belbre year honorable oourt, and in the dispositions whereof he thinks to he Interested, and whereae it is to be presumed that the double of this last will, whose existence was known by several persons, might have been deposited with any notary publio in this city." ice. See p. 101. Here is the strongest possible proof that he, De la Croix, believed that there was another will: but see his testimony at p. 332, wherein he speaks of Clark's visit to him at his plantation, to ask him to beoome one of his executors and tutor to " this female," &o , and that, a month or two after this conversation on his plantation, he oalled to see Mr. Clark at his house on the Bayou road. He there found him in hie cabinet, whire he had just sealed up a packet, which was endorsed, " Pour eire ouvert en cat de mort " Clark threw It down in presence of deponent, and told him that it contained his last will, and some other papers, which would be or servloe, &o. Clark observed to deponent, at the time he showed him the packet, which, he said, contained hie will, that, in oase of bis death, it would be found in a small blaok trunk, which hi hid there, &o. Does not this proceeding and thle part of his testimony) given in the Court of Probates In April, 1834, establish, beyond all possible doubt, the faot that Da la Croix did believe that the will of 1813 was destroyed? He admits Its existence a very short time before Clark's daath, and yet, when examined in this ease in 1833, doss not even reoollect positively as to what year he, Clark, died in; declares, too, that he had never seen the will of 1813, having forgotten that, in his first testimony, he swore that Mr. Clark showed it to him in his own house Again, in his last testimony, he says that hs knew nothing of the exlstenoe of a aeoond will, except from what Mr. Clark told him as to his Intention of making one ! ? gross perjury this; but why does the memory of this witness, who was so intimate with Mr. Clark, as to be appointed the tntor of his daughter, prove to be so treacherous ? Let as seek for the true and only oause, proven by olroumstantlal evidence so strong as te amount to positive proof, for one who will swear falsely, as he has done, will not stop at bribery and oorruptlon: I say, then, that sufficient proof is to be found in the record, to show that be received hush-money very soon after his petition relative to the last will was presented to tne L ourt or rrooates; at p irj or me reooru win ds found a sale or transfer Irom R?lf, aa executor So., to Da la Croix, of a valuable oontraot for the digging out and enlarging Canal Carondalat, for tbe oonfideration of one dollar, and at p. 419, it will be seen that an allowance of fire thousand and thirty-eight dollars was made to the said Us 1* Croix for assuming the fulfilment of that valuable oontraot!! And at p. 174, a sale from tbe same to the same, of fifty.five slaves; both made very soon after the proceedings in the Court of fronates, as aforesaid, and without an ordsr of eonrt, and of course 0 mtrary to law. And, further, in tbe aooouat of administration rendered by Keif and Chew, en the 47 th of August, 1S36, no mention is made of the prooeeds of this sale, in whleh Keif acknowledged the receipt of $77(10 in in cash. In the same aocount, see p. 411 of the reoord, it appears that fifty-svven slaves were sold to Ds la Croix at the prioe of their estimation in the inventory, to wit: $41,600; on whioh an abatement was made of $493-2; and at p. 446, another sale te him of twenty-two slaves for $9600, their value as estimated in tbe inventory, and an abatement thereon of $1178; both of whioh abatements being in direct oontravention of the law, whioh prescribes that the property shall not be sold for less thap its appraised valne; so that this great friend of the deceased indireotly charges Mr. Keif with the destruction of his friend's will, end in a few days sfter beeomes the puroheser, Croat tbe same Mr. Rslf, of his property, eontrery to lew. Buspiolons most, under tneae oiroum. s ten see, reel both upon the buyer end seller. Ptm/i end drgsaMfi / tatabUth the Sevtnlh Paint. It hue been oouteaded, end no doubt will eg sin be e ontended thet the will of 1813, even If proved to heve existenoe, oaa heve no efleet until probeted. This is, ndeed, n singular position, and 1 may, with great propriety add, slngwlarly absurd. It has also been oouteaded, that this point has been nettled by aeolitery decision of the Supreme Court of Louisiana, (see 10 Louisiana Reports,p. 60; it do.,p. AM, same ease) This,however, is not the faot. On e careful examination ef these caees, it will be seen thet the decisions of ths Supreme Court, do not oouflrm thet of the eourt below, in this pertlouler ; the point is not toushed, although, by e blunder of the reporter, the marginal note in tbe 11th vol., puts e decision In the mouths of the judges, whleh, if reel, would go very fhr towards en impeachment of their understandings end legal knowledge. The judge below inoidentaUy decided that " plaintiff oaunot claim, under e will, without produoiug e probete of the will;" no lew is referred to in support of this opinion?none eomid b? ; but it is to be presumed, that the judge had in his mind's eye ths gsnerel provision as to the probating of wHls, to bs found in article 1637 of the new olvil Cede, whioh says that " no testament ean have afloat, unless it has been presented to ths judge of the pariah in which the testator died, if he died within the State, or la whioh his prineipal estates lie, if he died out of the State; the judge shell ordsr the execution of the testament after its being opened and proved in the oases prescribed by law." This is admitted to bs a general rale; bat can It be variously contended for n moment, that it applies in the instaaoe ofe lost will t Surely not. In the oese just cited. It is not shown Whet kind of will it was that had been lost, and It maywrsasoWklfty he Inferred that It was e dohoapattvs or a mjsRO oWe; In whioh ease, proof of the Ml ef the odfisil, and- of n oopy. if any had ever boon madd MR would heve boon neoessary, before oral testtmohy of the loss sonid have been admitted. Not se, however, with an dflmrephie will, of which no reoord ever exists, or Is reaaifed by lew to be made, but, on the oontrary, it it proved clone by parol testimony. Sea oivil eode ef 1MB. Alt. 1M, p. -244. " The oiographio testament or oodMl shell be opened, if it be seeled, end It must be acknowledged end proved by tbe declaration or affirmation of two orodlbU persons, who must attest that they TsmrgnlsS the tesffimsat or oodlctl as being entirely written, dnled end signed in the testator's hand writing, as hawing often seen him write end sign luring his lMs-thnr;" The amended oode has the same provision. It IS thsreftreetssr that the ease reported end the praseat one are hi ne respect similar. Again, It most be admitted that no wrong can exist without n remedy, either he lew or equity : If this be true, by whet prouses could the claimant pursue say remedy in tbe Court of Probates ? It has no jurisdiction of the oese, it has no jerisdlotion in cottons for the reoove1 VWsdpsnpsiig?a Louisiana Reports, p. 195?A Martin's Reports, New SStfSn p. 817 ; -6 Martin's Reports, New Sense, p 385. And this is the only kind of aetlon she can resort to, in whioh hor legitimacy oan be t.ated : she may pursue the executors in the Court of Probates and foroe a settlement front them, after establishing her heirship in another tribunal. It has been decided in IP Martin's Reports p 1, '-That any oereon interested in the annulling of e wilt, the exeoutiou of which bee boon ordered in the Court of ('rebates may bring suit for thet purpose in the Distriot Court." Taking this opinion to be sound, the old proverb may be invoxed, whioh says that it is a bad rule that will not work both ways : for If e suit oan bs brought in a Distriot Court to ennui e will, surely one may be brought befbrethe same tribunal to establish e will: but 1 rely Strongly upon the priaolpie, that impossibilities Hb? required of suitors, thai there is. as before e remedy in all oeeee, end that lu the present, having been lost or destroyed, oennot bs probated. And.iTit should bnsMd that the testator destroyed the wtll MmSstf, Mm existence having been proved r.o clearly as not toadmtt of edoubt, I would, for answer, refer the eoart to the testimony of Pierre Baron Boisfonteine, which proves thet the testator declared, with his dying breath, Mat this will wee in the oslebreted little black trunk or ansa. Can credulity Itself be made to believe thet he died *tth a falsehood upon his lips' A falsehood, too, tmem a snMeet whioh had occupied so much vf his SStsntlon, and oaiied forth so much solioitude, as has bean shewn by the testimony, he evtnoed for tl>? future of am acknowledged child No never. The nonahletanoe of a neoaeslly of probating a loet will bar lag tea Ha -ritrrtj shown, every other gronnd or ded action, Ma In (hie point, follow* ae a matter of oonraa. Prooft end drgumtrtfs to eilohlitk the. eighth point. Thia le the last point regularly laid down for discussion, aod although I feat oonfldent that enough has already head duett to eaaae a eonflrmatlon of the decree In the oonrt below, yet, U aay be well to cover the whole gronnd contended far by the elalmant; I shall therefore adduoe the laws upon which I rely to establish this point. It Is laid down In the 4th partlda, title 16, law 7, that " Another way of legitimating natural children Is where a father declares by a writing executed by his own hand, or whloh be eanses to be exeouted by a notary publto, and attested by three witnesses, thee he acknowledges each a one for his son, deslgnatlug him expressly by name. Bat in snob acknowledgment, the father oujht not to say that he it his natural son, for If he does, the legitimation wiU have no effeot." Here ace two ways of legitimating clearly laid down, and eeaetataby the dlaluaattve conjunction or i" the Smhi,* writing wbl3 the father enseal* elth hi. own Mid. lbs alter whieh fee sautes to be eieented k* tmmH bf Ikmkmni h w6 w YO N YORK. MONDAY MOR observed tint no witnesses are require! to sijn tli? declaration written by the father; end why? beoause proof of hla hand-writing, a* in the oase of an olographic will, isto beooneiiered sufficient?whereas, If the instrument written by a notary should not be witnessed, there would be no proof of intention, for in neither case is it required that the deolaralion should bv signed by the father. Tbis reasoning may hare the appearance at the first blush, of being byperoritioal, but there can be no doubt of its correctness. The faot, too, of this case oomiog so completely witbia the rule laid dowa in the latter part of this law, must not be lost sight of, for all the witnesses agree as to the testator's declaration in this will or dooumvnt of 1813, that this child was legitimate ; it is no where shown that he deolared her in this writing to be a natural obild ; therefore, the acknowledgment that she was a legitinuteone does not take the oaee out of the provisions of this law. The civil oode of icOj, p. 48, art. 31, points out the mode of legitimating natural children, thus " Children born out of marriage, except those who are born from inoestuous or adulterous connection, may be legitimated by the subsequent marriage of their father and mother, whenever the latter have legally acknowledged them for their ohUdren either before their marriege, or by their contract of marriage Itself." This is a particular mode of acknowledgment pointed out,but it doAfl nftf. arnlnda Avar* nfhaip nor rin-sH ih runnftl t.h?t Spanish lair just quoted. See oode of 1808, p 0, art. ill. ''The repeal is either express or implied ; It Is express, when it is literally declared by a subsequent law; it 1s implied, when the new law contains provisions contrary to, or irreoonoileable with, those of the former law." The artiole in the amended oode of 1825 is the same. Messrs. Moreau and Carleton, who were appointed, by the Legislature of Louisiana, to translate the Partidas, translated this law as being in foroe. The compilers of the amended oode evidently thought it was in foroe, because, after pointing out the same mode of legitimation laid down in the eld oode, see art. 317, they go on to add that" every ether mode of legitimating children is abolished." it is clear, then, that there was no express repeal oi this law by the adoption of the first code, and it is eqdhlly clear that there was no repeal by implication : but the queftlon has been definitively settled by several decisions of the Supreme Court of Louisiana, as well as by the statute of 18-28 See 8 Louisiana Reports, p. 427. " The general repealing law of 1828 applies only to the Roman civil law and Spanish law in foroe in the country at the time of the passage of that act, leaving the provisions of our own legislative acts still in force." 7 Louisiana Reports, p. 539.?" The Spanish law having been in foroe la Louisiana, until the repealing act of 1828, the Court will recognise it In relation to cases arising under the government of Spain, without requiring it to be proved as a faot " ' Statutes, in pari m-teria, should be oonstrued together, in order to asoertain the meaning of the legislator."?Ib. p. 102. ' Prior laws are not repealed by subsequent ones unless by positive enactment or cloar repugnancy iu tbeir respective provisions." 16 Louisiana Reports, p. 100.?"The Civil Code of 1808 is a digest of the civil laws which were in force in Louisiana ; and the re-enactment of them did not repeal the exoeptions which limited their operation under the Spanish jurisprudence " The legislature, finding that the Supreme Court had decided that the Spanish laws (except in epecial oases) had not bsen repealed, it was determined that a general ropealing act should be passed, whloh was done, and approved on the 26th day^of March. 1828. But suppose, for a moment, that there should be a doubt as to the marriage of Clark to the mother of olaimant, there oan, at all events, be none as regards the right of a father, (under the Spanish laws, which have been already shown to have been in force in the State of Louisiana at the time of the death of Clark,) who has no legitimate children, to dispose of the whole of his estate in favor of natural ones; nor oan there be any doubt of Mr. Clark's having done this in the lost or destroyed willoflS13. See a deoision in 4 Louisiana Reports, p. 208, in whloh the heirs of the said Daniel Clark were interested or eonoerned, the marginal note of which reada thus : ?" Dnder the laws of Spain, natural fathers, who have no legitimate issue, may dispose of all or any part of their eitate, in favor of taeir natural children.'' And 1 think it can hardly be oontended, under the testimony on record, that the said Clark had net acknowledged olaimant to be his legitimate child, and left her his sole heiress and legatee. Thus ends the specialities of this Important oase; but I cannot olose my remarks without indulging in a few general reflections aad deductions whioh hare presented themselves to my mind in the course of this investigation. Every member of the Court must have seen more or lesa of the many publioations, touohing this oontroversy, whioh have made their appearance in the publlo prints, from one extremity of the Union to the other, for the laet five or six years, from which almost every reader of a newspaper has made up his mind for or against the olaimant; thin kind of trial (for it is a species of one) has often proved fatal in the lower Courts to just and legal claims. In the instance before us, the claimant, from the first moment of the disoove.-y of her real oondition and rights, haa bad to eontend, singlehanded, against all the prejudices whioh rre universally brought to bear upon what is commonly called a suit against a community; to whioh may be added the ialuenee of several lane and respe^tsMa families, residents of Louisiana, the heads of whom were directly and personally charged by the olaimant with having been guilty of gross negligenoe in the management of the estate she sought to recover, and some of them with having been guilty of fraud, corruption and crime. Is It to be wondered at, then, that she oould find but few advooates, either In the publio prints, or at the bar ofjusMoe, particularly in our State tribunals.' iiut In the progress of time, whioh regulates all things, dlseovsry followed disoovery, proof followed proof, until the injured party, in the very first oase that oould be brought to trial before an Impartial tribunal, gained a signal viotory; and it is now befors this honorable Court, for a deoltion in the last resort?a tribunal, fortunately for suitors, and particularly those in equity, whioh occupies an elevation never to be approaohed by local or personal prejudices. Every petty olrenastanoe that oould possibly be used by the numerous defendants and others, interested in defeating the claims of my client, has been brought to bear upon the oase, by publications, conversations, and attempts at ridioule, in every poesible > hape and form that the ingenuity of the parties oould Invent. Even the manner of tue olaimant in prosecuting her rights, because she was compelled to go into the Courts, to aid her oounsel by furnishing faots that she alone by her industry discovered, has been most cruelly and contemptibly arraigned, as legitimate grounds for defeating her legal claims. That the peculiarity of her position, and the novelty of her oase, have thrown her before the publio in an unusual attitude to be ocoupled by females, 1 readily admit; but is this oircumstanoe to form a basis of defeuoe, whioh is to operato a* a defeat of her legal rights, from the possession ef which she has so long been debarred.' Surely not, when the question is to be decided by an impartial judioial tribunal. 1 am prond to say, however, that the result in the two important vsrdiets she has gaintd?one, too, before a 1 jury, haa been well calculated to hurl back the poisoned darts intended for her bosom, against the brazen foreheads of those unmanly assassins of female oharacter, talent and philosophy. If it should be asked, how it happened that this important secret of the parentage, Sec., of my client should have been kept for some fifteen years, when so many knew it? I would answer it, by inquiring why it happened that the known heirs of Mrs. Clerk, (the mother of Daniel Clark,) whose wilt was probated in Philadelphia, where some of them lived, in the year 1*13, was not probated in New Orleans till the year 1839, also some fifteen years alter It was pnbiioly known who they were ? and yet, this Is the faot, for 1 have myself seen and used the reoord. I will venture to make the answer for both parties : The friends of the olaimant, as well as the heirs of the mother, were led to believe, from some souroe, that the estate of the deceased was insolvent, and that, If they meddled with It, they would become responsible for its debts, and thereby involve themselves beyond redemption; and yet, when my client had the firmness to look Into the matter, it did not take long to discover that an estate, now worth from five to six millions of dollars, had remained in the haids of exeontors, managed and sold by them in their own way for twenty-oil j years, without an aooount of their administration ever having been rendered to the proper legal tribunal, or in any other manner. Now, 'tis clear, that of these three apparently mysterious, and oertalniy remarkable points or faots in this mattor,ths one in which my client is involved is the most easily aoeonnted for; she had no friend, so exolnsively Interested in her fate, (save one, Belleobasse, see his testimony,) as to oome out with the truth, brave the Inlluenoe of those who were in possession of the estate, and thereby injure themselves io ease of failure, beyond recovery. nut accident has favored the innooent and injured, the Immutable prinolplea of jostles will sustain her laudable efforts, and consign ths guilty to the punishment they eo richly merit. Can any one, after a oarefnl perusal of ths voluminous testimony of record in this oase, for a moment doubt t.hfefc th* ilnfiAuapfl ttf 1 asm f thniishf ths elaimsnt tn Km his child, and that It wm his earnest, nay, dying request and order that she should Inherit his estate? Surely net: for no parent could have expressed more anxious 1 solioitude on suoh a subject, than, as Is proved, he did. I Then his will ought certainly to be obeyed, for who bad I so great a right to deolde upon the manner in whioh his own property should be disposed of, as himself? Is it just, Is it law, that, by a combination of frauds and deoeptions, his last wishes on this subjectshould be thwarted, and an innooent and rightful heir, disinherited and deprived of her patrimony? No, this oan never be, with the lights and proofs, which have come to hand, staring a oourt of law and of equity powers full in the face. What is equity? It is " the correction of that wherein the law (by reason of its universality) is deficient."? Should the court be of opinion that the universality of the law proves deficient in tbisoase (a conclusion I conscientiously believe oan never be arrived at) then I throw the claim of my client upon the broad prlnoiples of equi ty, laid down in the dehnltion thereof, and challenge the Industry and ingenuity of man to oite a case, calling more powerfully for the Intervention of the equity powers of a oourt, than does the one of whioh 1 now take my leave.
WM. CHRISTF, Attorney for Appellee. .11 all Failures. The esutern mall failed at St. Louis, February i " Northern" partly" New Orleans, " JdSt.id " Southern" " Augusta, Ua., " !>th " Northern" " Charleston,9. C , 7th& 8th The Hushki, bv Weight.?An act of the C'hio Legislature, of February P. 1*47, establishes vht follow* lag as the weight of ths bushel; - Wheat. W pound*. 'T?i !* seed, #t Indian eora, Id pounds, bailey, ?g IMMMii aoad Ai AMain I nnte |S aagn Am WtTW Ifiij W% |W1P| iiP| ffiiWi RK H NING, FEBRUARY 14, 18 riELD NOTE S. I STATISTICS, OBSERVATIONS, AND THOUUHTS' J on thk i CIVIL CONDITION OF MEXICO. ; BY COLOMJtU ALBERT C. RAMSEY, U. S. ARMY. ' " Qire rae ficu before jour common me." Dr Franklin. I have been persu.ided by friends, some of whom are of high rank in the army, end some of no less civil distinction at home, to publish my observations and thoughts on Mexico. The interesting position which that beautiful country now holds towards the United States, and will contjrme to hold, imparts an unwonted value to any information respecting it, derived from authentic sources. Our people, moreover, seem to demand it, not only as a right due to themselves, but to consider it also as a duty which a'I returning Irom the army have to perfom?of contributing a portion to the sum of intelligence on Mexican affairs. I have heard such sentiments frequently expressed since my returnj and, although not prepared to deny the obligation, I am still far from willing to acquiesce in the claim being enforced. Serving under the orders of Gen. Scott, one of the greatest and most distinguished gene rals of the age, and in daily intercourse with many of those noted in the army, it might readily be supposed that something more could be described of his military operations?something more pourtrayed of the heroes who surrounded him. But much on these has already been written, with an ability not to be surptssed; while much yet remains to be written by others more competent for the pleasing task than myself. First impressions of the country, that fascinating theme?that fruitful source of error, has its many admirers; and there is no nortion of the globe more fertile in topics with which to gratify the lovers of the romantic, the picturesque, the sentimental, the marvellous and the ridiculous. If time were not wanting, and capacity also for the task, inclination would not forbid a few essays, " more ornamental than useful," on Mexico. But as yet, we are pioneers in knowledge of that country, and like the pioneers of civilization rn our western borders, we must toil amid the dull, dry inatters-of-fact, but of every day importance, first reaping u harvest to nourish and support, before planting roses and flowers to please and delight. We must first explore their worn out institutions ofgovernment before wandering amidst the vurieguted sweetness of their forever fragrant gardens. We must (to borrow an illustration which would not be inapt as a proverb in the army) know what we can get from the commissariat substantial for dinner before sending to market for oranges, pears and peaches, or ordering the cook to make a pine apple fritter. l'o blend a few leaves of description of scenery and of other subjects with the fruit of more serious labors, might perhaps ensure a publication being popular, but the attempt is too dangerous; for as memory would recall many things delightful, they would be dwelt upon longer than was proper, and fancy free, the foliage which was only intended to adorn might finally encumber. My first view of the mountain of Orizaba was from a plain, while on a march ; and us the morning sun lent to its lofty peak of whiteness a golden hue, it was so beautiful that 1 involuntarily uttered to myself something about "Monarch of Mountains, "Throne of Rocks," &c. A general officer overhead a portion of my muttering, and suggested the propriety of dropping the reins of 111V bridle: and. both hands heinrr free, reeit ing the whole passage from Manfred, "with all ilie flourishes." 1 declined this impromptu rehearsal, however, as it might give to my horse the largest liberty, and change the direction of the column. In the same way, touching on description "with all the flourishes," might lead the main subject into the chaparral. Much has already been written on Mexico, but, like its currency, much of It is of little value, and in some Instances unlimited credit is not to be given, if. therefore, statements should be made adverse to those heretofore published, it is to be hoped they will not be attributed to the others not being consulted, but to the fact that they have been found on subsequent inquiry to be erroneous. A writer on the present oondltion of Mexico stakes more than bia literary reputation on the result, far at every page hie veraol tymmr be questioned, as bis narrative must be at varianoeWTth entertained opinions of a people improperly deemed civilised and intelligent, and a government as falsely styled a republio. A large portion of our people still entertain the belief that a peace party exists in Mexloo, whlob mnet ultimately beoome predominant, and establish amicable relatione between us. But nothing can bn more incorreot. Although there are all other kinds of parties and faotions in Mexico, none for peace oan be found. It la true Santa Anna was its advocate, and staked his popularity on that question, but even bis friends and partisans were adverse to the measure, and his own overthrow was not the result, so much, of hie many defeats as his defection from the popular will to carry on the war. That Santa Anna waa sincerely desirous of peace no doubt oan remain. The evidence dally presented to our eyes of his aots during the tlmo (leu. Soott was at Pnebla, and subsequent maroh on the oapital, was very convinoiog. Santa Anna had depressed the publication of all the journals in the city ot Mexico except his own daily government paper; and in this, that portion devoted to editorial effusions was forever Oiled with denunciations of members of Congress, who refused to meet and form a quorum, on the plea, that if they assembled, commissioners would bo appointed to treat for peace. To tbls the replies of the peper were very able, in showing that the appointment ef commissioners to hear our propositions was not makicg a treaty,and refusing was oontrary to the rules that govern civilized countries. Kssays on the barbarism of war and on the blessings of peace were frequently interspersed with declarations that the country was exhausted, aad peace mjist be made. Santa Anna Issued a manifesto in the eame strain, and hie friend,the alcalde,mayor ot the city, fulminated another only a little more severe on the war party, who were heretofore the least willing to furnieh money to oarry it on, or men to do the flghtlog The declarations of Santa Anna, however, must be disregarded, for he would as soon put forth a falsehood as speaa the truth ; but hie government paper, published to create publlo opinion, while ail others were ellenoed, demonstrated his paoifln intentloea. With all hie power, talents, influence, and money, he oould not swerve publlo opinion even in his own party. He found the nation too hostile, and he had to yield. He abandoned the oity, left the army, made a feint of attaoking Puebla, where he was on the eve of being arrested by the Mexican troops, on the supposition that be was about to quit the oountry, thence proceeded toOrizsba, as unpopular and as emphatically identified with the question of peace as Paredes with the monarohioal faotio.t. Ilie career has not yet terminated, for he will soon appear in a new drama with the former oharaster of danta Anna omitted," by particular request" of those very provinces most clamorous at all times for war, which have not yet been reached by our arms, and which have neither felt in the expenditure of men and money, as the alcalde asserts, the oost of war,ner has their oountry Peen subjected to a foreign iuvadon With the flight, however, of Santa Anna to Oriz iba has fled all hopes of peace; and the period of time for Its being conquered Is aow as indefinite, If not as remote, as that for the incoming of the Jews I am well aware that my opinions on peace, as well as on other questions of Mexican policy, will bs deemed strange by many of our people. But that oountry is so strange iu all things, that whatever Is oorreotly written oonoerning It, must be equally so, and no less true. If it bor? tnv raMmhlanA* i^nn? j ? ?? " "" "mVYJ v??u..J, u.J peooll would neither attempt to pourtray any peculiarity of Ita feature*, nor any portion of ita picture. All that pertaina to the paat, the present, or future oondltion of Mexico, haa beeu the subjeot or much of my meditation* ; for no oountry baa ever heretofore, or will hereafter, preaent eo many anomalie* Ita aoil, production*, climate, topography, blatory, government,and people have never had their parallel* in thia world. Nature aeema here to aet at defiance the law* which govern elsewhere ; the muea of history laughs to scorn the principles ahe teaches in the annals of ether lands ; the aolenc* ot state policy seems to have demonstrated the enduranoa to what in other governments haa been accounted the impossible, and to crown all, the people themselves present phases, so inconsistent with preconceived opinions of human nature, as to shake the truth of many axioms universally recognised in judging of mankind. Here you behold the scenery of 8witssrland under the tropics, the fertility of Kgypt on the tops of mountains, the productions of Kurope within the torrid zone, the staples of the I'nitvd States on the same degree of longitude, growing on the same degree of latitude; snows resembling the polar regions, melting into streams near the equator, aod animated nature seeking warmth from the direct rays of a vertical sun ? Mountains, rugged and rocky, towering aloft like the Alps, but ocoupying space comparable with the Pyramids, and situated in plains similar to our wide-spreading prairies; roads as level as lakos, winding amidst voloanlc regions, whose tops pieroing the rain clouds, are covered with perpetual snow, elevations overoome with out the ascent being perceptible, river* suddenly swelling their waters until they resemble arms of the see, and as suddenly subsiding into streams, not ample to quench the thirst of the animals on their banks; aud the tinkling of the mule bell heard, as artiole* of commerce are borne along where the shrill whistle of tbe locomotive ought to awaken the dormant energies of a nation. l'ho shifting aets of real lifs performed on this wide stage, aod amidst snob incongruous sosnsry, have never found elsewhere actors to exhibit, or a peopie to applaud. When armies mustering hundreds of thousands have I been routed by five hundred under Cortex; where a , united and happy nation has b>*en subdued; wnere every ' victorious g< nwral has, at timee (until now) been defeated, aud sever, by eu?h misfortune, losing power or popularity; where a republto has existed these lnstitu ticas have bssetted only the rulers; whore dlseessl en and dleeord prevail witfceat afesttaf the Htm ef seven " "-'mj [ERA: 48. ment; where religion has been established by the a iword. Immorality promoted by the prleethood, oorrup- b tlon onerished by the governors, and where riches ere , a crime; where anarohy, that ohaotlo dream of the proround and useless riato, that never-ending topio to the sophists, and that absurdity to statesmen, is recogniied >s public law; and where the assertion that the worst of governments is better than none, has found an an- f swer; where the nation is bankrupt without a political I dissolution, an army unpaid without a revolt, and where \ the officers of sta<e become rich, while their salaries j only afford them the means of a liberal subsistence. . A people known to be jealous of their national, when > their civil rights are extinct: upholding a government from whioh for years they have received only Injuries, and cheerfully according contributions for raising ar- < mles, by whom, experience has taught them, they will be C plundered. Without public opinions, without any se- i ourlty for personal safety or private estates, they are g vindictive against a foreign army, bearing to them the r. novelties of security for life and protection to property, . those blessings whloh olvil magistrates are supposed to } protect and wars destroy. A people professing the sentiments of the chivalry of Spain of the fifteenth century, r and performing deeds of deeper atrocity than the buoca- * neers of the aame age, and yet alike destitute of the i honor of the one or the courage of the other. A people | among whom falsehood le not deemed disgraoeful, nor | labor a virtue, nor war injurious, and, in one word, the v only civilized or semi-civilised race who do not oonsider honesty the best of policy. These are some few strange facte of this strange coun- 1 trv. Many, very many others, as dissimilar to the rest ' of the world, prevail: but 1 have already written enough | of what may (unjustly) be deemed the lnoredible, with- ^ out venturing at this time on more well-known, which ( might provoke further soeptlolsm. To eradicate the j false Impressions existing iu respeot to Mexico, and to create a belief In the truth, a homccpathlo principle , must be adopted, and veritable statements applied sparingly. If history has been properly defined to be 1 philosophy teaehlng by example, Mexico must be so- j counted an evoeption ; for no examples drawn from I other nations, from whloh general princlpb s are deduct- i ed. caa here be made useful. Let all that has been , writteu of the past be oast away with the lndliferenos j that Dr Johnson threw aside the annals of Athenian elvili/.ation, and let ancient and modern historians be forgotten; and then, but not till then, will it be believed that such a remarkable people exist, and their social 1 condition be understood. As well might one study the intricate windings of an Indian war dance, to assist him in learning the mathematlos, as hope, from books, to imbibe aphorisms that would there be applicable. Dr. | Kranklin, in his search after truth, exclaimed, " Give me facts before common sense." Entertaining these opinions of Mexioo, it will not be surprising that the period of peace le viewed as remote. There is at present no government with which to treat; there is no leader of any of the various faotions powerful enough to turn patriot for that purpose; nor do the t people desire their vengeance staved against an army | upon which they dally inflict the horrors of their first [ good market, at double prices, with the money paid . down. The latter oiroumstance Is a custom to them hitherto unknown, and no less astonishing to their unsophisticated minds than fire arras and wild horses were to their forefathers in the days of Mont'zuma. No petitions have emanated from them praying that peaoe may be restored, and no more blood of bulls shed at the rate of #4, that oost $1; no more corn taken at $1, worth half that sum; no more mules seised at $00, for which the ohooolate-colored driver had actually paid $20; and no more of their goods and chattels oonsumed for whloh they reoeived remuneration In vile oash only, at three times their value. Much impoverished as they thus are by "the perfidious Amerioans," they are willing to endure more sufferings of the same kind, and wo be unto that chief who checks the persecution the people bear for their patriotism. No, not until the invading army is withdrawn from the soil they contaminate with their presence and prompt payments, will these "herolo sons" of chivalry listen to any overtures not belligerent. Bat when they return to their own country and cash is soaroe, peace may come, with all the blessings of unsold beef and bad pay. The opinions of the people, however, (If they were permitted to have any) In this glorious republic of "God and Liberty," have no weight with those who administer the affairs of government Whether society Is benefited or injured, is to them of no moment. To obtain power (* matter in whioh the mass of this community may be counted as cyphers.) in order that they may become rich, is the first cherished objeot of their disinterested ambition; and to. retain power is the next aim of their patriotio lives. Kor as power enables them to plunder, the less of it in turn subjects them to the same fate. Property is not there protsoted by law, but by foroe. What, therefore, would the acquisition of great .1.1... ...II I n >.. ?f . ..... if thai ..... hurled them from their seat* and deprived them of their wealth? Nothing an yet ia to be gained by any chief in making peace while his power an l popularity ate placed in jeopardy by the experiment. And until that problem is solved, of how much a treaty is worth to him that makes it, the eeals will not be applied to the parchment, i'he oabaliatio words, patriotism, heroism, generosity, disinterestedness, national honor, integrity of the state. Uo., are in common use, and are beneficial in oonoealing opinions; but in a negotiation they would serve the same purngseas language between two merehanta of the Birmen empire, who are said to converse across a table while they make their bargains, with their fingers under it. These fine phrases have descended to them like the armor of Alvarado, to be admired and exhibited to strangers, but for ail useful purposes in treaty making or othwise they are held in as light eetimatlon as the casque, helmet, or eoat of mail would be in a battle with our troops. In our own republio there are checks and balances of the oonstitution which serve to regulate justly and keep in harmony all our Institutions for the publlo good ; but iu Mexioo their government, with ite various departments, was but the republio of a dream -at first bright aid beautiful as their snow mountains at sunrise: but clouds of adversity soon gathered around to sink it into the deep unbroken slumber o( corruption. Its ohecks and balances were gone, patriotism and integrity were no more, its forms only obs;r?ed, and faction reared its hydra head to brood over the finest part of oreatlon, like a night-mare, to create and to bring forth confusion and dlsoord for perpetual evil, and to flourish on the rank garbage of sordid avarioe and selfish ambition. In tbess innumerable factions Is the source of all thslr politioal anarchy and social unhapptness. Each, anxious for power, is willing to join all others, no matter how dissimilar In their wishes, to pronounoe against the government, and to effect a revolution. Whatever opinions one may uphold, the rest decry; whatever one does, the others denounce. Kvery executive, therefore, is only a successful faction-a fortunate minority in powernot permanent in its duration, not popular In ite acts ; alike condemned for the sius of doing or leaving undone; alike to suffer for some measure of patriotism or treason to the State. While thus every line of policy adopted by the administration is liable to be thwarted, there is reason to balieve that each, in turn, has been anxious for peace ; but the opposition factions have been too numerous to permit any negotiations, while too little patriotism exists in any exeoutive to encounter the least risk of its power being overthrown to hasard an attempt. Even the ohurch, anxious as she may be for the war to cease, has some disseneton on the euhject within her own bosom; and powerful as she is with ail classes of soeiety, and all parties in the State, has discovered that her re wards and punishments can not restrain unprincipled men seeking the more tempting wealth and power that political good fortune may beatow. Amicable relations with Mexloo are yet distant; and, in the meantime, whatever Information can be given of its social condition, or light be ehed upon their institutions, must be interesting to our people, not only from motives of ouriosity but from those of interest aho. I feel great diffidence in such an undertaking, and more distrust in running oounter to previous descriptions. Observations and opinions psncilled for study and for individual benefit and safety, In the daily emergencies that arise In that oountry, and for ofllolal reports, if oalled for at home, do not generally possess that fnllncss which the publishing tourist or pnuoeophloil traveller throws into his portfolio; nor does a nation, whose rell gleus institutions are shrouded in mystery, through policy, and who.-e politioal statistics are unoertain, and sometimes unpublished, through interest, present many favorable opportunities to a stranger for complete investigation or thorough delineation. THE CHURCH. Among oilier strange anomalies that Mexico presents, is that of a people not priest-ridden, through the hopes and Fears of superstition, hut yet influenced and controlled in their opinions and actions to a great extent by the temporal rewards and punishments, that the priesthood can directly or indirectly give or inflict. It superstition, guided by artful priests, swayed the public mind, we might picy the people tor a de pendsnceon a class oI spiritual directors so careless in their teachings, so unmoral in their examples; and we should condemn a religious order who hud not used their sacred power to better inculcate Christian principles and social virtues. But while wr must exonerate the one from the charge of being priest-ridden, we must also exculpate the other front what would be a a llagrant dereliction ol duty, in making them what they arc. Civil war has almost constantly prevailed; opening wide the doors to its concomitants, vice and immorality, and at the same lime closing the avenues to education and knowledge. It la thus that so much ignorance prevails,which, while it leads to superstition, tends also to the debasement of the mind, the moral principles, and the humane feelings of the heart. The church of Mexico is more formidable from Us vast wealth than from its spiritual supremacy. Its riches are constantly accumulating, and from these it derives power and intluence almost illimitable and beyond control. Independent, not only of the government, but of the people, it is enabled to sway both. It docs not rely 011 the one for protection, nor does it resort to the other tor support. It asks neither lor power nor principalities, lor it possesses them. Its security rests not on its rights asserted through the rotten J courts of law; its independence is not guaranteed t and protected by the impotent constitution ol the ^ repuolic. It is equal with the govern uent, it is & equal with the laws, and it is tirst wiih tiie peo- p pie. Its ministers arc everywhere, and with every t das?, color, or cast, from the trembling prest- * dent, in the princely palace ol a tottering repub * lie, to whom it extended counsel, and sometimes t lota, to tho dsorepid ltpsro on tho curb stone, \ \ 1 LD. rii?? iw? cnttt sking a blessing and alms; receiving the first ireath of Mi?* newborn cluld, pronouncing over t u benediction ?< grateful to gratifi i |> treats ; eccivingalso the last dying sigh of the aged invalid, for whose parting s >nl the solemn praver or the dead is fervently offered up. Tiie mother lonlides to pious ears the tremulous hop -s and ears of her heart ; the t.uiie' intrusts the vorldly secrets and troubles of his life; and the rouug virgin kneeling at the confession chair, tours forth the imaginary sins and foibles of ler innocent girlhood. The inhabitant of a palate blushes not to ask tr accept the stewardship of som estate of the :hurch ; the artisan hopes for its eucouragement n Iiim trade ; tiie poor man aaticipttes its ismsttnee in money ; the me reliant its custom ; the niser the executorship of his will, and in its ninisters the guardians of his children, and the. rustees of his riches. In the distribution of the eal estate of tlie republic, the church is the vealthy landlord; in the monetary affairs, it is lie great banker; in the political distribution of lower, the most potent estate of the realm; and n the domestic relations of life, the worldly adiscrand spiritual comforter. While thus all powerful in its rewards, it is no ess terrible in its punishments. Should a statrsuan become obnoxious, its agents and dclendents among the wealthy and influential, villi their numerous retainers anl friends, mite to hurl lum from power. Should one in more humble life render himsell offensive, le at once finds himself deserted by many, and lis plans and business thwarted; and, perhaps, more unfortunate, he is called on to liquidate a lebt due to a religious order, or to abandon a nouse he has rented from the same; to relinquish i pursuit or calling that was profitable; and to dispair of employment from the church, his most liberal customer. With a knowledge of the characters of all persons and their relations, even the most intimate towards each other, the information of the priesthood is more accurate than the fallacious reports of the beet secret police; and the offending culprit is soon made sensible that, in his most tender point he is touched the deepest; hut yet, in the stealthy steps by which his happiness or interests have been affected, lie discovers only in dimness the vengeance of those to whom is enjoined the forgiveness of injuries as well as the remission ofstUf. The people of Mexico, resembling in manyreipects the Gipsies or modern < Greeks, have too much cunning?that low mimic of wisdom?to re inlluenced in their opinions of the affairs of ;his world by their superstitious fears of the next; and in the priesthood they see too many violations of the decalogue to reverence tliem for the possession of virtues much above other inortals. But wh ile their acuteness thus would withdraw them front their spiritual direction, their temporal interests the more forcibly impel them into the arms of the church. Tney tear not a spiritual excommunication, but they dread a writ from the courts of law; they do not want prayers for their benefit, but payment for a job; a mass is not as acceptable us money; nor is the elevation ot the host more pleasing in their eyes than the raising of a Urge loan. Every pious, good man, beloved by the clergy, is sure to prosper in this world, for his laitn is founded on a rock, in things seen and in coin hoped for. The divinity of the church, like that of Jupiter's, is made known in a shower of gold. The real wealth ot the church has never yet been ascettained, nor is it supposed that statisti cul tables will ever be lurnished by those who could best compile them It is true that Home of the religious order, suob ss Doctor Mora, have made the at tempt; but their estimates have only been an approxima tion to aoouraoy, without their results bring capable of verification Thus, when Doctor Mora states the property of all kinds,of the whale regular aod secular clergy, yielding rent or interest, at $14U,l3l,cMiO,.he places loo low an estimate on the amount i f funds invested in mortgages and personal securities : for thut sum, at five per cent, would only yield what he states the revenues to be, vis: $7,4fiii,o03, by computing the real estate of the chuich to afford an equal interest with the personal. Now, it is well known that real estate Is the only rate place for the investment of capital In that Uletraoted country, and consequently the annual rents are low in comparison with the cash value of the property, especially in the cities, where much of it is situated. I am inclined, therefore, to believe that the church has a larger eurn of money at Its disposal than the above calculations would indicate; but as it is the interest of the church to ohange some of its unproductive wealth into cash, it is also Its interest to conoeal the knowledge of Its oonver ion. We are gravely Informed in historlee, tours,travel?,ke. of the uselese wealth displayed in the religious edifloee. in the golden images, silver ornaments, and In the robee of sainte Inlaid with diamonds and otber stenes, too sacred for the profane to touch, or ia some Instauoes to behold. How far the observations of prying curiosity or cupidity In our armies will in time disenobaat the pubiio, of such fabulous tales, I cannot foretell; but snough is known to warrant the assertion that what has generally been held to be tbe most valuable, proves in reality to be gilding, plating, brass or tin, beads, glass or paste, with an Intrinsic value to be estimated on the same scale with tlis preolous relics exhibited In the chapels uf the saints The unproductive property ia 1832, of the church, has been estimated at $30,031,894, but this is a calculation partly founded in the belief that all ia gold that shines. If such was the value in that year, a great change has taken plase sines them but my Impression Is that the oliHUge was made long before. 1 have no doubt that, at one period, tbe solid metals and jewels were there, but many olrcumstanoee, after tbe revolution, especially in 1832, induced tbe church to substitute lees valuable ornaments in imitation of those removed. The painting! with whioh the chapels and other portions of the cathedrals and churches are filled, are also greatly overrated. They ari) not the productions <T any of the masters, nor are their even copies from the penolls of celebrated artists. The unproductive property of the church, therefore, Is notes great, while the producing or aotive oapital, Is inach greater than may be supposed. If this Immense wealth were controlled by one Individual, or by a few men, intent on the same objects, it would be impossible for the Mexicans to withstand Its influence But It is only In spirit matters, or others directly affecting the church that it reigns supreme, and in these it exacts and receives implicit obedience from the people, it would reoeive equal obedienoe on any otber subject of temporal importance, were the elergy united in their wishes. But possessing the same passions and feeliags a? other men, they are divided in their opinions and in their aotions, and even their interests seem sometimes to be in opposition. An impreesion to some extent prevails among us in relation to the church, that its wealth is held as a common Fund, and administered by those representing the wholo priesthood joint y. The rsvenues, as well as their property of all kinds, of the regular and of the seeular clergy, however, are distinct, nor have the priests belonging to the one any oontrol over the temporal possesions of the otber. Thus the eeoular funds are administered through the canonicals; while tbe regular, divided among the different orders of friars or monks, are exclusively inder the direction of the order to which it belongs. Some of these orders are rich, while others are poor, and this Inequality In wealth contributes neither to tbe promotion of good feeling nor the cultivation of Christian virtues among them. The monks of the order St. Beued'ot are by fhr the raoet favored in worldly goods aud ohattels; nor do they conceal the fact, but,on the oontrary, priding themselves on their independence, they form tbe aristocracy of the obnrcb, with sentiments and manners muoh dissimilar to their otber spiritual brethren. They do not oourt popular favor, but express their opinions without consulting policy; and possessing tiie ability to render ihelr oburcbes aUraotlva to the higher Masses, they fail lot in having them frequented by those whose means ire tbe most ampls, and of strengthening their nfiasnoe. The 8t. Augustine, and the Dominicans, also, are among the wealthy, without the earn* iretenalon to its possession. These orders, in tbeir nellngs and sentiments muoh resemble the Beledictins; and in all questions that may arise not iffeoting their own order explosively, they may. from .hslr habits and associations, be accounted as agreeing n opinion with them. But another order, the fit l'ranisoaos, the dsmoora:y in robee, the priestly demagogues among the people, poseessiog riches, proclaiming loverty, courting tbe lower classes, and clamorous at ill times in matters not spiritual, have a powerful Inluence over pubiio opinion in the numerous revolu done, which in that r4$ublic seem to serve the same par>?se as our annuel eleotions, being as periodical, and in nany instances as bloodless, the fit. Franciscans re uways parti-ans lor or against iqi pi um*r? i. tlways coinciding with the mw cf the population i'beir presence ia felt, their money circulated, and their iburohee are given up for araanala, hoepltale, and forti Icationa. Far different from these ia the order of Car melitea, poor, and professing poverty; neither the Prion if Joveleaux, like those of 9t Benedict, nor the Bols Jilberts of ?: Francisco The purity of their garments )f white wool is not stained by the wine cup, nor are their hands with bloodshed. Simple, benevolent, an 1 self sacrificing, they ro. ve among the crowd, as though they were the last of those men who tanght what reli (ion should be, but is not. Among so many discordant materials harmony ctt, not bs expected, save only when directed by the heai of the church in tliinge spiritual, or when their internet! a* jarts of it req itre co-operation. Ambition, jsa'ousy md rivalry, display theias?ivee iu many forms, such as n church arohiUo' ure, gilding, platlug, drapery, an I resoo painting, whioh are etlll progressing as vigorous!j is at any former period. In these there is as mucu lesire to surpass some rival as to promote tho glory of ? j aint, or the encouragement of the lice arts,or' whu.li he clergy profess thsmseivoa patrons Millions an i here objects expended annually; for as one adds to Ui > doming of a new ahapel, a picture in oils, another not o he surptsaed, has elsewhere an improvement in a >av ment of marti.ee or mosaic In this manner, ein eli:?hments are constantly made, until the aooumula?'l uiagmhceuoe readers the churches gorgeous in the xtrems; and otteu an edition >*reot?d in honor, an t lamed after a saiut. rival' n b?uuty eoine of the oaths lials Nor te this display ot veulty, aa well as ol wealth, tad taste, without an intereeted uhjeot. for aa a church leeomee eelsbraWd for it* splendor, aaaaie or eCelatlaa I