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

EW YORK HERALD. sew York, Saturday, February 25, 1643. = SS —_—— Herald Literary Depot. All the new lite: ary publications of the cheap cash aystem, Gre Jor sale at D TERARY DEPOT of CHEAP LITERATURE, North West corner of Fulton and Nassau streets. Call, sce ind buy. —_——__—_—__.. Caution te the Public. Within the last few days, some persons have issued from an office somewhere in Nassau street,a small penny paper, under the title of Evenivo Hena.p, and occasionally Ex. rea Henao, resembling that of the heading generally ot the New Yous _Henavp published by the subscriber We have received Complaints from persons who have been deceived by the resemblance, supposing these nae and extrasto have come from the office of this jour- nal. This isto notice, therefore,to Postmasters,Post Offi- ces, and to lie general that, in order to prevent mistakes, Mesetion a trend, is necessary to recollect the exact title of our journal, which is “THe New York James Gonpon Benwert, at the Nassau and Fulton street. We issue @ morning andan evening edition, and occasionally extras—but these are altogether distinct and different from the cent sheet or extras assu: the same name, and pur- porting to come from another part of the same street.— Fore warned is forearmed. be JAMES GORDON BENNETT, Paoraixror or THe New Yorx Henatp, North West corner of Nassau and Fulton streets, New Youx, 24th Feb., 1643. Rerations wirn Exouaxp.—Our relations with England, political, financial, commercial, moral, and literary, are gett:ng more and more complicated every day. ‘The recent declaration of Sir Robert Peel in the British Parliment, that, by the late treaty, England did not give up the “ right of visitation,” has crea- ted a perfect tempest in Washington, at both ends ofthe avenue. A most furious attack is preparing to be made on this declaration, both in Congress and inthe White House ; and efforts will be made by the President to throw the blame on Mr. Webster, in order to get him out of the cabinet. Inthe mean time, things eeem to be agaiu shaping themselves towards a flare up of some kind with England, crising partly from party—partly from pa- triotism—partly from love of fan—and partly from a desire to get rid of the taunts of the British against the honesty of the nation, growing ,out of State debts. We begin to think and to believe that not a single red cent of these debts will ever be paid, and that the British government don’t care much if it be so, thinking that they can gain as much by turning the faithlessness of the States against the character of democratic institutions, and thus stay the progress of such principles in Europe. ‘They may as well, however, try to hide the noon- day sun with a squaw’s blanket. CHANGES IN THE CaBineT.—We have ascertained the exact position of affairs at the White House, in relation Sto the fuss and noise made about changes in the cabinet. The office-beggars, such asYM. M. Noah, and others of that ilk, who torm the atmosphere around Captain Tyler, want Mr. Webster forced out of the cabinet, in order that they may get the spoils. For this purpose, they endeavor to create jealousy be- tween Mr. Webster and the President, by represent- ing that the former took all the merit ef the recent treaty, and gave the latter little or none. It was all big Iand littleu. They also pretend to say, that the “democracie” will not come up to support the President for a re-election, as long as Webster re- mainsin the cabinet. This notionig also inculcated by the Benton clique, and is believed by the Presi- dent; but it Webster goes out, some other objection would be raised. Itis intended, therefore, by the office-beggars and getters up of meetings to support Tyler for the next Presidency, to get Webster out of the cabinet—and the idea is broached to put Cush- ing into Forward’s place, as a hint to Webster to withdraw, onthe ground that two from one Srate cannot be in the cabinet. We believe, however, that the office beggars will be caught in their own snare. Mr. Websier isa great boulder in politics. He floated on an iceberg into the cabinet, in the yast flood of 1840. The lit- tle seratchings of the office beggars cannot move him. There is only one way to get him out—and that is by explosion. Let Cushing drill a hole to his centre—fill it with powder—stand back as far as the Rocky Mountains—apply a match to the train—and then the great political boudder of the age will not only leave the cabinet, but he will blow the President and all his guard into a thousand frag- ments at the same time; Cushing alone, who is be- vond the Rocky Mountains, escaping with his breechesand life. It will bela repetiton of Samson in the temple of Dagon, but ona larger scale. Mr. Webster will not leave the cabinet till he pleases —the President and his whole guard dare not tell him to do so, forgtheir very lives, bread, ond butter. Dorncs sy Captain TyLer.—The Wall street press have reported some strange doings recently perpetrated by Captain Tyler, the trath of which we doubt very much. First, it is said, that S. S. Southworth has receiv- ed an appointment in the Custom House, worth $1,000, for which he corresponds with John Jones, under the nom de guerre of “‘ Neckar in New York.” Second—that Mike Walsh, one of the meanest vagabonds of the pothouses of New York, actually prevailed on the President to pardon a person, and remit bothimprisonment and fine, who had made an attempt on the lite of a diplomatic agent. Third— that Parmelee, recently getting $3 per day for loaf- ing about the country, under the name of a secret agency to detect smuggling on the frontier, has just been appointed to examine the cutters in the revenue service, at a highersalary—a new sinecure.’ Fourth —that the son of a female who keeps a house up town, called the Alcibiades Club House, has also re- ceived an appointment, at the solicitation and by the influence of Robert Tyler. We can hardly believe such statements. We cannot believe that John Tyler can do such things, under any influence, unlesshe be most egregiously deceived and hoodwinked. The President is an honest man,and means to do right—but are these things so ? Surrrion Covrt.—A.. orark Covrrs.—We see that the Board of Assi*tants have passed a resolu- tion requesting the legislature to abolish the Supe rior Court. This movement comes from the whigs, and is aimed at Judge Vanderpoel, who happens to be a democrat, and is just appointed. We are not sure, however, but the legislature, which is locofoco throughout, will adopt this sug gestion, and carry it out to a greater extent than is dreamt of in whig philosophy. We understand that there is @ project on foot in Albany to reorganize the Circuit, the Superior, and the Marine Courts of this city, including also the Court of Sessions and Court of Common Pleas. If this project should be carried out, all these Courts will be vacated of their present udges, recorders, &c., and a large supply of fresh spoils will be collected for distribution somewhere. We should not be surprised if the foolish hostility of thejwhigs to Judge Vanderpoel, were to create a perfect judicial revulsion. We are in favor of all kinds of sport, at all events, and we hope it may go ahead. Mr. O'Connor's Sprecu in rue Lisrexarn Case, —A full report of this brilliant speech will be fuund in our columns to-day. It was indeed a masterly specimen of forensic eloquence and acumen. It was listened to with the most marked and unrelaxed at- tention of one of the most crowded and intelligent audiences ever assembled ia a Court of Justice in us city. The sarcasism, humor, and high-toned tecling, which pervade the speech, cannot be sur- passed. The narrative of the plots and contrivances by which the “jocose old gentleman,” so called, be- cause, as one of the witnesses stated, he was “ al- ways joking with poor Alice,” became possessed ot this immense estate, is peculiarly happy. It has all the graphic portraiture, and searching dissection of human nature, which characterize the fictions of Godwin It 1s, in a word, aspeech which all should read, and draw from it those lesons of practical wisdom which it is #0 admirably a ted to teach and to enforce. : Be Superior Court. Before Judge Oakley. Tnx Garat Lurenann Wit Cass.—Srescn oF Cuaaces O'Connor, Ese. Gentiemen:—A word of would seem tobe due for my assum; of the m now about toec- cupy—a te h le in every sense & greater than myself, by the rules of professional courtesy and practice is entitled. It so ha, 8, how- ever, that my services were engaged in this cause at quite a late period. [was not sufficiently familiar with the facts and circumstances of the case—nutherot! complicated, and difficult of explanation as they are, to undertake the task of presenting them to you in suc! form as was necessary to rend«r them perfectly inte! gible. The eminent gentleman, therefore, with whom it 1s my honor to be associated, departing from all rules, and in the ardor and self sacrificing epirit of the true and honest lawyer, in itegrity of the man who knows no ambition, aud who has no pride, except to be found in the right and in the efficient discharge of his duty aa cesses! i. enter which he undertakes be upon im ie junior counsel—opened this cese to you, and laying down all the honors which he has a right to wear, allowed me to occupy this Fou have Acted tom'the "eon hy Me t Pi e counsel who ha’ ety of arguument, and a very smail pertion of that argu- ment, if you were to measure its quantity and extent, would be: applicable to the true merits of this case. Subjects altogether foreign, extraneous, far, far removed from the real questions at issue in this controversy, have been urged upon your consideration with aeperent ear- nestness, wu! upon your consideration without ony is of truth to support them, in order to answer which, and in order to prevent prejudices from operating against my clien' mes absolutely necessary for me to follow the evil example thus set before me. ‘must trace the poison threugh all its windings, and administer the pepsopette antidote at every point where it has circula ted. Itis undoubtedly true, asthe gentleman who last addressed you has stated, about the middle of hisargu- ment, that in this case there is but one question, and he might have added, that in the trial of that one question you stand pledged before this deeply interested commu- nity as citizens and men of honor ; that you stand pledg- ed before Him to whom you are to render an account at last. But the counsel, I must remark, have by no means confined their arguments to that one ques- tion. That single question ie the capacity of Alice Lispenard at the time of the execution of the in. strument in question. ace you at ¢o much length a Mt Sei vari. But these sabjects have been introduced. We have been impeached en a Variety of grounds. The alleged sins of our ancestors have been brought to our deors. We have been charged with dishonor. We have been accused of persecuting an in- nocent old man—the defendant in this case, whose pover- ty, which hed never been proved, and whose rights have furnished prolific th for the eloquence of the coun- sel. It is said that w came into court at this Jate day, after sleeping upon our righls for upwards of thirty years, for the purpose now of invading the rij nest, industrious mechanics. Charges, whose honesty and whose truth, may well be. judged’ hen I remind you that they are brought agains int e youngest of whom is some seven or eight years ind who receiv- edthe ixheritence now claime: bout the time she was made an orphan. These charges, gentlemen, which have been thus introduced—industriously introduced, and forming so large a portion of the speeches of the opening ani closing counsel, must certainly be answer |. I shall, therefore, before going into any discussion ofthe details of the evidence or points at issue, call your attention te a general view of the course of ev which are connected with thet portion of the history of the Lispenard and Stewart families, which is embraced in the present suit. 1 will endeavor to prese: arties in precisely their true and proper attitude. You know, already, that the plaintiffs are the three orphan children of Theophylact Lispenard. The two eldest are about twelve or fourteen years of age, and the youngest, who was made an ‘orphan, even in her mother’s womb, is fen seven er eight years old. Anthony Lis- penard the elder, was oneof the most respectable of our citizens, in point of wealth, talents,and moral charac. ter—in all respects in fact, except that he was not avery religious man. He died in 1906, leaving Mrs. Stewart, his sons Anthony and Leonard, and his grand-daughter, Miss Bache,as his only heirs-at-law, or devisees, with the exception ofthe poor Alice. He divided his property be- tween the four partiesin equal parts. Not long previous tohis death, therc had come into the family by matriage, the gentleman who hes cut so creme byece a figure throughout this matter—the not little di thee Mr. Alex.L. Stewart Hehad married the only daughter of Anthony L. rd, who was competent to contract a matrimonial alliance, almost immediately after the de: ofthe old people. Mr. Anthony Lispenard died, share of the estate went one quarter to Alice, one to Miss Bache, one quarter to Mrs. Stewart, and one quar- ter to Leonard. Alex. L.. Stewart thus obtained, in ad tion to his former ene fourth, one sixteenth of the es- tate. Leonard had also now beeome possessed of the same share. Leonard was a well educated, but nota wise men; an easy, good-natured gentleman of the old School. He did not know how to take care of his large estate; but Providence had blessed him with a vei careful brother-in-law; the consequence of suc! @ state of things were soon fully displayei. In seven or Sight yaaa after this time we find Leonani a bank- rupt, andshortly after he dics. What became of his shareof the property ? It had gone intothe hands of Alexander L. Stewart, in consideration of his payment of certain bonds, and also of the taxes and assessments for the very property which was thus transferred to him with all the benefits of these payments. Itneeds no painter's pencil, gentlemen of the jury, te draw that picture in such a manner as to enable you Py drawing the rational inferences, to understand how. it was that this “jocose gentleman,” as Mr. Alexander Stewart was ally ealled in the course of the trial, eucceeded in obtaining this property, and how the aay old-school gentleman found his way from his mansion on the hill to bankruptcy and the grave. Well, gentlemen, pre vious to the death of Leonard, that act was done which enables Mr. Robert Stewart,the devisee of Alexander L. Stewart, to cast.into the teeth of my young clients the taunt of dishonor—of infamy—ef not sustaining the act of their atcestor Mr Q’Connor then went on to show how the deeth of Anthony, Mr. Alex. ed from Alice a conveyance of her sl (Anthony’s) estate, jointly to himself and Leonard, on whose death the whole property of the Lispenard fami- ly fell intothe hands of Alex. L Stewart, with the exception of that held by Mrs. Mortimer Livingston, who, as she hi husband to look after and protect her interests was at present safe from the opera- tions of the ‘jocose old gentleman!” Alexander L. Stewart had now succeeded in fixing himself securely on this estate—like one of those excrescences which fasten themselves om some find old tree: they wax larger and "4 the juices which nourith , until et last it falls to the robbed of ell vitality. And having thus gained undi turbed possession of the oe bulk of this estate, he by © most unnatural will, casts off from inheri- tance on it, every human being in whose veins flowed the blood of the Lispenards! And this he does, although he disinherits by the act his own large family, subject- ing them to the arbitrary whim and. caprice of a very bo gripes and very old man. Such is the course, in part and in genera! Mr. Alexander L. Stewart. in relation tothe estate. You find him prosecuting, with untiring assiduity and ever-varying ingenuity, and consumma- ting by his last act, that to which it would seem that he had devoted his life—the supplanting of the Liapenards, and the establishment, or! might say, the “Restoration of the Stewarts.” (Laughter) Well, gentlemen, is there any persecution? 1 would ask,is there any dis! or in the prosecution of their claim by these children— against no honest mechanic—I will not say against no honest man—out against no honest lesman against no bona fide purchaser—but against him, who contrary to the law of the land—as J trust you will find- has ap- foe ak ao to his own use, their inheritance? Mr. 0’ ‘onnor then detailed all the intrigues of Alexander L. Stewart, with the Livingston family, and finally his purchase of their expectant interest in the estate of Alice, forthe sum of $10,000—+! poor Alice was sentout to beard at 2,50 a week, after A. L. Stewart hed thus cleared the decks and had nothing to fear. Mr. O’C. observed how Alice, after having been thus robbed of her share of Leonard's estate, was also cheated out of the great por. tion of the amount left her by her father, and instead of being allowed a servant to take care of her and attend upon her, as thatallowance weuld have sufficed amply to remunerate, she was actually obliged herself to per- form menial offices for the poor family with whom she lived. This was the treatment of the “ last of the Lispe. nards” by the kind Mr. A.L. Stewart! Bat all at once, Mr. Alex. L. Stewart became wonderfully humane. When Miss Alice had attained the comfortable age of forty-eight years, and all hopes of a matrimonial alliance passed away, she was all of a sudden removed from her illing boarding houre and brought back to Mr. Stewart's, and introduced with all the pomp and circum. stance of a fine lady, into good society, And pray Mr. O'C., was this all love—all charity—all kindness to poor Alice? No, gentlem: Like old Arthur Grimes, of whem we read in Nicholas Nickleby, Mr. Ale: L. Stewart, while rubbing his fingers one night fire, thinking of what a beautiful estate his and by—this “ jocose old gentlemen” all of a collected that Leonard Lispenard, though dead, hed left children, and they would be the heirs of Alice. A contrivance was therefore necessary. Some new g: was required to maintain him in possession ofthat cstate which Providence had, it seemed, determined should not all pass into his avaracious grasp. He found—as all who plot their own aggrandisement ty the ruin of others are constantly finding—that his well hemes were nothing. “Leonard,” he said to f, “good easy Leonard, whom | engulphed in this guilt, is gone in- deed, but his children and grand children will not be bound by his act.” And Alexander L, Stewart ee vo then resorted to counsel, and found that the deed obtained {rom Mortimer Livingston wi probably not much better, for if it should happen that M M. Livingston should die before, Alice, all fine schemes would vanish into air, and that good round sum of $10,000 was lost. It became necessary to resort to anew setof messures. And here was pethey eee sudden change in the treatment of poor Alice. Mr. O'C. then detailed at Jength the progress and result of the lots which resulted in the execution of the will of Al- Bee, which hi ed to be at the very time when the fa- ther of the pleintiffs was expiring in an humble shed in Canada. e utter heartlessness and inhumanity and gross dishonesty of old Stewart in the deceit which he practised on his eras as Mrs. Stewart (then Mra. Skill- man) were also fully described and condemned in the most eloquent terms. Mr. O’Connor then the charge of dishonor in secking, as it was said, to over- turn the act of an ancestor. He alse showed the falsity ofthe allegation, that the plaintiffs, if successful, would injure honest mechanics and bona fide purchases of Lis- so emanl pan one = showed conclusively that ad eonly party who could by an: be affected. The idea of prosecuting oldisan neaant pare posterous ; the amount was so entirely * would bring such suits. legation respecting ‘he enormi- laintifs, and showed that it was a mere moiety of the vast property of Robert Stewart. The Ivarned gentleman then entered on an elaborate investi- gation of the question of the idiocy of Alice, and ina moat triumphant manner, showed that she was really an idiot ; supporting his position hy a arent array of the best authorities. Tat idiot, he contended, was fully proved b; the will of her affec- tisnate father, confirmed by 1 of several yeors la. ter dete}; by the fact that she gave away her property ind sustain und with the rotten trunk which it had without the slightest knowledge of its value, or indeed of prseessing at; and thet the most diligent ef: forts to teach her thing were Mr. O'Connor theh went on te comment with great spirit end humor on the testithony addvced \9 controvert the position that Al was deemed an idiot by re tation. Some of these witnesses hail testified that lice, although shortsighted, was excevdingly agile- could run alo! rake rocks and gather oysters irom their beds, in the mud or the crevices of the rocks—aud stil! more wonderful, that she could catch grasshoppers ! (Laughter) it in this way that fancy and imegine- tion, and the feelings which the influence of wealth, of friendship, of consanguinity, of Jong acquaintennesh ip, had » lied the piste sth t, and Came to that Courtto testify to thet which he (Mr. O'Connor) would not call » but which vy at soaaicsinod to say, was alla mistake—a gross an mistake. Colon himeelf testified that eye her an idiot watil some e briefly recapitulated the evidence of Alice’sidiecy which he contended Compa overthrew all the testimon: brought on the other side. He then proceeded to spea of the allege! motives of Mr. Stewart in bringin; back to his own roof. It had been alleged that ject of bringing her baek to Hudson street, her habits ofintemperance. This was not, h evidence at all. It is not even so certain tb: intemperate. It had been seen that all her brother lowed her was Shree gismecact wine daily, Butt probably needed, and it certainly could not be called temperance. That was the case from 1808 till 1628—0 parte of twenty years. Was she then intemperate? ‘an there any necessity of taking her home to Mr. Stewart’s to reform her of intemperance? She was altogether free from the marks of intemperance? Well, did she Get any better? Mrs. Stewart states that she did not drink much—if it wee that she drank none at all, it was contradicted by more than one of their own witnesses. But the manuer of cross examination had been misrepresented, he (Mr. O’C.) had not found that point. Mrs. Sargent saysthat Alice drank dreadfully at first, but all at once Rave up of her own accord. But Mrs. Sargent spoke rom a paper,” and really knew nothing about the mat- ter. From the Rev. Mr. Stewart, we had the extraordi- ‘atement that she drank brandy—was fond of it. and would have more thi she was fond of wine, ‘Well, then it thus a, Mr. Stewart's, once became a sot, and t! permission! After having drank only three gla wine sally for twenty years, she now drank large quan- tutiesof wine and brandy by permission, and large quan- tities in addition, which she pilfered. They then made her intemperate, and this wandering sot, ja ‘ht into her fe b> was to reform the ways of intemperance by her kind friends them selves, is reformed by all those gentle modes of persua- sion, in which the Rev. Mr. Stewart says Skillman so much excela,and Mr. A.L. Stewart was to have her asasmall return for this work of mercy and (Laughter) She ran messages, too, all for every one, not excepting the serv: down to the yeung Irish coachm And it was that all the servants treated respect, Well, certainly, it was not usual for young Irishmen to testify their affection for ladies by s nding them on errands all over the house. (Laughter) In what state of subjection was she kept? Sent te her room and kept there like achild, until ‘she would pro- mise to be “a good girl.” Sent to her room even by her niece,and remaining a prisoner to her fears—not by a lock and key—but by the rigid government of a niece At this time, they said sheknew a great deal about her relatives. She called hervelf, it is sald by Mrs. Stewart, the of the Lispenutd, and Mr. Stewart said, “ Yes, dear”—the expression to a child—“yes,dear, you are the last.” The counsel asked, with great ingenuity, then “was she not the only remaining child of Anthony Lis- penard ?” and when he came to read it, he said the bro- thers and sisters were all dead. But was that true in any sent If there had been none living but women, so that e could not be perpetuated, she, ifa man, might y with propriety, that she was the last of the ‘Lispen: ards; butthere being other women alive, there would have been no propriety in it. true, for a nephew of that great affection But even that was not me was still alive, and the name might, to all htiman appearances, be perpetuated to remotest thes. But if ever she did say s0, she alla prophetess—for in that sense she was the li Lispenards. At this stage, the cquitable provisions ofthe will are alleged} in support of its validity. As to the absence of fraud, wh: id Mr. Stewart tell to this miser- le imbecile, “ Yes, dear, you are the last of the Lispen- rds.” He knew well that she had a nephew in a neighboring province, and sisters alive. There wes fraud. In the name of Heaven, what was there just about the will? If she had given her estate to her nephewsand nieces about the house, she would have riven her estate toher race. But what had the blood of jexander L. Stewart to do with that whioh flowed in the veins of Alice— was there gratitude in it ? Gratitude to whom? Forthe man who had stripped her of her little income—to the man who had kept her on a misera- ble pittance in the house of the stranger—to the man who wasthe enemy of her house and the supplanter of her race—an alien—a stranger—the robber of her whole fortune and estate throughout her life! And this is called reasonable gratittde!—Why, where was the genleman’s conacience? Was it according to the laws of otrland? It was not. In fo- reign countries the power of making a will and testa. ment is very important indeed, as the only means of giv ing expression to the dictates of affection and humanity and contravening the unnatural laws under which the people live. But in this land it is different. Our laws conform tothe,feelings of humanity. Had Alice not made a will of her sixteenth share of the estate, ten would have gone to the family of Alex’r L. Stewart, and four to her scattered kindred. It would have gone to Canada where her orphan nieces mourned their lost father—it would have gone to Virginia, to her crippled niece — What would have become of the other ten parts? Instead of going into the graspof Alexasder L. Stewart, and af- terwards to this eerie! doting Robert Stewart, it would have gone to the childrenof Alexander L. Stewart, and they would not now be the cringing suppliant es of a whimsical old man. But these are the ils of will- making by i y “naturals? such as Alice are sometimes call and “uni Stewart may well will is made in accordance with thi : w ofthe land, the dictates of nature, and the principles of honesty and jus- tice, it — not to be lightly meddled with. But when made in direct opposition to the law, to honesty, to feel- ing, tonature—a jury should strain, if straining were necessary, iu order to correct its unjustice. As to the evidence of the medical witnesses whose certificates of the Cosmet’ od maaan hey) adduced, it would all very well if appoi e law, and not accidental, or chosen by Mr. Alexander L. Stewart. But the witness es, who are present at the execution of a will are the best witnesses on that point, inasmuch as if they did not believe in the sanity of the testator or testatrix, the should not have witnessed the execution of the will. But what is the evidence of the instrumental witnesses ? One did not dare to ask his opinion, and the other ceuld not tell what his opinion was. But it is said they did ferm rece ng ms and they are respectable witnesses, Well, grant: They (th jaintiffs) could afford to be generous. What then w: lhe opinion? Dr. Nelson said it was that she notun idiot. Buton his cross- examination, he says he did not believe she could have been taught to repeat the Lord’s Prayer—to count— or to know the alphabet. It was thus that we got at the definition this gentleman gives of an idiot.— He thought she was rot an idiot, hecanse she could answer a question and knew her own e !— He (Mr. O'C.) would give something to have Alice there —he almost certain that if asked whether her name w or Elsie, she would answer, that it was Elsie, and nothing else. Asto Dr. Hw he is a little bolder, but not a better witness. He (Mr. O'C) did not venture to put the same questions to him as he did to Dr. Nelson Dr. Hunter had been told a g: any things. He re- collected that Pr. Hunter said, that Mr. Edmands told him in the Surrogate’s office that Alice could write; and Mr Edmands, they knew, had said that there was noth ing too great or too little forhim to do in the cause of Alexander L. Stewart! No doubt of it. He was well jualified to act as one of the clerks to Alexander L. and bert Stewart. Talking to the witnesses was one of the “little” things this Mr. Edmands had done. Well, what did Dr. Hunter say? That if he had been told that Alice could read and write, he would have signed the will! Mr. O’Connor commented at some length on the testimony of the medical witne: and referred to the opinions ef Ray and other medical writers on insanit: ‘as Alice responsible to the criminal laws of the land? Suppose she had bought rum with the money she had be it to the store with, and got drunk; or stolen a watch or any other trinket she se she had, in a fit of temper, killed one ren, having an aversion before, mali done it with a weapon near at hand, woul found guilty of theftor murder? No. If she were now before the jury, would the verdict not be, “ Not guilty, on the ground of insanity”? Yet, to make out their position, the counsel on the opposite side must show that she wa: a responsible being—responeible to her God, didn’t know—respo: je tothe laws, of which nothing. Suppose, in that connection, that Mrs. Taylor had got a will executed, could it stand? The counsel say no— would have deen unnatural. All, then, that the counsel contend just sufficient intelligence to make a Alexander L. Stewart! Gross imbecility, and are admitte ind subjection to the control of art and her niece, are equally clear. sup) tT. Stew- She sigued her property on a threat that she would not have any more “new caps,” not “nice say as the counsel said,for . poor Alice was not very nice, but like all children, was Tondof every thing new. But how was a threat necessa- ry? PverAlice was very averse to literary labor,and when desired to put her mark to the will it was probable that she was a little restive. and the simple threat was neces sary and sufficient. Was she not restrained? On that pointthere was the evidence of Elizabeth Henderson, not a “dismissed servant,” as the counsel said, but one who left of her own accord to engage .n sewing. Eli- zabeth Henderson swears that she would be left inher room.. good girl, she would te re- leased. And this was witnessed by Elizabeth Hender- son herself in 1886—after the execution of the will; and Mr. Stewart himself told the witness that wasthe only of keeping her hjection. But Mrs Stewart ys that her fath r restrained Alice. Why — Because the door was not locked—there was no physical it down till 1835 her Alice to go to her room, nd all that was told with = ness, tl case. oll this with that vast talent which she possesses of stating facts ac- cording to her own construction of the matter in such abundance of words that the faet is just what the speak- er pleases to make it. The jary would remember that when he asked her whether on one oceasion, when Ma- jor Nicholson came there, she complained that she had h she had subdued reat difficulty with Alice, althou fe, butthat when her (Mre. 8's) there was no difficulty at all? We! “these facts happened, but there telling them.” How true westhat! That remark fur- the differenees between the story of Mrs Mra, Stewart, did not ord y-like way, says “Oh! w: herto her room. But, ‘by and by, du- xamination, when alittie vanity was ex desirous to let themknow who Mrs. Stewart said—“Why I have ) four or five violent tempers, wed 1 donot order them—I_ merely requet then.” Ab! but dis‘nt these hey must obey 1 W. they. Bott bo the ere by to obey was the dit ‘the “ quest” that to no denial, and which overcomes resistance? But Mra, Btewart hi before the ate, used this very word “restraint,’ against which she so rebelled before the jury. * The per” of Alice ‘was so irritable,” she then said, that me restraint was occasionally necessary.” There it was down in black and white, sworn to, dictated and signed by Mrs. Stewart herself! But he (Mr. O°C.) su posed that Mrs. Stewart regarded that word “restreint” as herown exclusive property. If there were no re- straint, how was it that poor Alice went obediently to her room,and never dared to leave it without permis- sion? How was itthat she did not go to her niece ofher own free will—expr er sorrow for her misconduct, and promise good ior? ‘There are certainly two waysoftelling a story—it was a pity that there was @ ftory itself! He did not mean to charge perjury. But he would say that Mrs. Stewart had been induced by her mistaken zeal to use that coloring whith strict, impartial and upimpassioned truth never deigns to employ. Mr. O'Connor then wenton to show in a most lucid mi r, that poor Alice had been subjected to . First, she had been told that ‘ond, at the time of the will, she was misinformed of its coutents —that she was giving Mr. Stewart life interest in her es- tate, and the residue afterwards to her nieces. But what was the willto which she put her mark ? One which de- vised all to him, and gave the niece a mere chance of get- ting itin case she survived her father. She had been told if it hed not been for Mr. Stewart she would have been in the poor house. Certainly she was not kept out of it by his robbing her of her fortune. He did nothing but ro! her allthe days of her life! Mr. O’Connor commented on the conduct of Mr. Stewart at the execution of the will. Propriety would have dictated his absence, and the presence ofrespectuble counsel and disinterested wit- nesses, But the ely parties present were himself, daughter and the two physicians patronised by the mily. The allegation that she was short-sighted, hed been sustained. A great many ofthewitnesses on both testify that they never observed it. Dr. Hunter sw: that he never looked into her eyes, and 7 ot he squinted ;how he found out without looking into Alice’s eyes, was more that he (Mr. 0’C.) could imagine. Dr. elsom, who knew her long and well,did not observe that ashe wasshort-sighted. Then again as to the charge of intemperance in early life—where was the proof? Mrs. Phabe Thompson came te sustain it. Phabe had also married into the family. (A laugh.) She had married the black fiddler. (Renewed laughter) Her husband was on one occasion erdered out by Mr. Leonard, for fid- dling in the house, and when out on the green he contin- ed diddling, and poor Alice, who always ran‘o see the soldiers, followed Per brother to the piazza, when he went to order the fiddler from the green, and Alice was ther. un- fortunately seen by Phoebe as Mr. Leonard gave the lest order which drove her and her husband, the black fid- dler, from the premises for ever. But Phebe makes out Alice to be not only equal, but superior to common ple; for she swears that even when intoxicated, Atice was capable of manifesting remarkable intelligence. Alice was then on a por with Cyrus, the Persian, who when he ‘was setting up his pretensions for the throne of his brother, presented as one ground of his claims, the fact that he could drink a large quantity of wine without being at all incapacitated for business. ‘The fact was, that the allega- tion that poor Alice was of intemperate habits at this pe- riod of her life, was entirely unsupported. Mr. O’Connar here proceeded to a more minute examination of the testi- mony of the numerous witnesses. In the course of these remarks Mr. O’Connor observed—we have not been car- rying ona warfare as the newspapers, scandalizing the Cherecter of Mr. Stewart and his witnesses. No. Wecome into Court with clean hands—our only publication has been that which called on the witnesses to be present, and I need not say that the mote free, and unbiassed, and impartial, and uninfluenced by any considerations, the mind of a ror a witness is, the better for truth and justice. It is only those who are employed by artifice and chicanery in the perpetration of fraud—of contrivances to rob men of. their property, and pervert the course of jus tice—it is only such persong,that find it necessary to make these publications for the purpose of inflaming the public mind, and exciting prejudices against parties engaged in the prosecution of their rights. And Mr. Edmands’ pub: lication has not been the only one made through the agen- cy of the Stewart family. One ofthe witnesses on this very trial has been engaged, duricg its progress, in wri ting publications of the same character, in order to_mis- lead the public mind, and make others think as he does ; whereas, that should be left to an impartial jury. It was i greatly against many of the witnesses for ‘at they are parties interested. Both the Webbs, for instance, were trembling expectants, waiting patiently on the chengeful will of Bobby Stewart.— (laughter) Col. Webb honestly acknowledges that, and expresses his sorrow that it isso. Well he may ! For if, he do not please the old gentleman, he loses his inheri- tance. It is, (said Mr. O’C.) by a sort of fraud on the law, that such witnesses as the Rev. Mr. Stewart, Mrs. Stew- art, and the Webbs, are permitted to open their aha It is contrary tothe design and intent ofthe law; and it is only because human laws cannot be made so accurate as to ac- complish the objects the attainment of which human wis- dom is capable of pronouncing desirable. It is only in consequence ofthe unavoidable infirmity of our judicial system that such witnesses, so deeply interested, are per- mitted to testify. Why are interested witnesses excluded? Because the law justly supposes that they can- not be expected to tell the truth. it is not for the good of their souls that the law is thus particular, but for the good of other people’s property. And when it so happens that such persons do come to permitted to testify, their evidence you all know well, is to be taken with a great many grains ofallowance. The Jury are at liberty, and indeed required to suppose, that they may be influenced by a natural bias, such as the best men are liable to, and which does not at all imply the impeachment of their veracity. Mr. O'Conner then clas sified the witnesses, and commented on the laacing pass of their testimony. The evidence of the Stewart famil} of great importance, and that he wou! dismiss with few comments. One of the witnesses had sworn that Alice was fond of potatoes. He believed that that was true. Poor Alice had somehow or other im- bibed a strong affection for thegpotato, and by | pepe a whole one into her mouth on one occasion, ad nearly fallen a martyr to the love of that valuable Toot. (anghter) As to the extraordinary intelligence exhibited by e, when the Rev. Mr. Dunbar saw her after his return from Europe, it was easily explained. ¥r. Dunbar was then meeting every day with hundreds who asked him how he acd his wife had stood the sen. But what did poor Alice know of the “ perils of the sea ?” ‘Where in the world did she learn any thing of the ship- wreck,{unless she gathered it from seeing the ships up- side down, when she so read the newspaper, as one of the witnesses testified. (Laughter) The ‘ Doctors” were very briefly dismissed by Mr. O'Connor. Theirtestimony, he contended, was directly adverse to the defendant. The © pay witnesses” were also easily disposed of. Mrs. Murdoch testified that Alice had told her that she would leave her fortune so her brother Stewart, and that a! time when she had already(given uway all her property. Besides, Alice was then 35 ye: e, and in good health, of agreeable manners, it is said, and all that; now what sert of propr: does there appear in the question of afriendly neighbor—“ Well, as you have not got any fa- mily, what are you going to do with your fortune?” Would that notiiave been a direct insult? A direct as- sertion that the young lady’s cave was hopeless ? Cave a ter.) If there were any single lady of 35 on that jury, he (Mr. O'Connor) would have v little fear, indeed, of settling that point egainst Mrs, Murdoch. (Laughter) — Mr. O'Connor contrasted with great effect the circum- stance that many of the witnesses on the defence had been supplied with ra,and the fact that none of the wit- nesses of the p! adntid, who had been examined before the Surrogate, had even refreshed their memories by refer- ence to their testimony onthat occasion. Only one of the witnesses of the plaintiffs had even been brought before his the counsel, and he one of the most pure minded and hon- orable men thatever lived, (Mr. Jay) He has gone to his last account since this trial commenced, and if his case has appeared as clear before the Searcher of Hearts,as his virtuous life,and pure character,ever did in the eyes of hia associates, friends, and the world, happy indeed for him that he has gone from among us. ' In speaking of the tes- timony of Mrs. Morris, relative to Alice presenting her with some flowers,Mr O'Connor remarked tha the whole charm cot ed in the melody of Mrs.Morris’ sweet voice; and the simple fact was, that Alice acted frem imitation—-she knew that they were flowers, and that she spoke to alady; and she said « Pretty flowers, lady, take M some!” It only remained for him (Mr. O'Connor) said, the testimony of the Ajax of to speak a little respecting the case—Mrs Charles Stewart. She had been intro- duced after all the thost of “ papered” witnesses, But really she ought not to have been introduced at all. Her vn appeal to Heaven, uplifted eyes, as she took the oath—I {know not if the Jury saw it, but the Court must have seen and marked it—struck me with astonish: ment. The like of it I never before witnessed. It seemed to be an effort to say “ that which falls from my lips must be received; 1 have the power to pronounce the verdict in this case.” Mrs. Stewart is truly in an unfortunate po- sition. Sho isdeeply interested. "All her hopes and pros pects in life depend on her pleasing this Robert Stewart. he has been disinherited; robbed by her father of her just claims; robbed by this very will, unless she succeed 0 peeing old Mr. Stewart. ‘She is, therefore, interested in keeping this property in his hands. She is a legatee named in the will itself, as a person intended to be bene- fited by it. She is completely dependent; bound in body, if not in goul, in complete subjection to the caprice of a whimsicelold man. She hes given herself a name, the application of which to her by me, would, I suppose have subjected me to be hanged, drawn ‘and quartered, without (alaugh.) She saysshe was ‘ deputy benefit oF clerey. lawyer,” and informa us that she went amongst the witnesses, all cf them but one or two, and reminded them of Jong, forgotten conversations, which were then written down by her and left with them on paper— for fear they might again escape their memory. A more dangerous employment than this cannot well be conceived. The manner in which Mrs. Stewart thu: a tained her character of “deputy lawyer,” recallsto my re- collection astory among us lawyers which some of you may not have heord. A certain individual residing in the State of New York, had, some many lawsuits, end it was remarked that he gained them all.— His success, indeed, in this particular, became quite re- nowned. The secret was discovered, and it was found that he done it all by conver: ms. His witnesses, too, were all respectable men,of known veracity, who testified that they had heard the defendants admit such and such frets, and the unfortunate defendants were unilormly thunderstruck to find men in whose rectitude and veracity they had always reposed implicit confidence, coming for- wai r what was perfectly false, But the way it this: The gentlemen in question would go ay toone of his neighbors, John Smith, perhaps, “John, don't you remember that day when we was down near the barn splitting rails, and Thompson came up to meand soandso.” John would th hake his head and con that he kn nothing abot he matter, — “Well, well,” the other would reply, “try and remember, torn itover bie mind, and [think youcan recollect.” Six months afterwards this ingenious gentleman would again accost his frien! Mr. Smith, “Oh, | want you witness in that suit of mine against ‘Thompson, for recollect that you was down near the barn, when I was spitting rails, when ‘Thompson came up and said so and #0, and so.” Mr. Smith looks wise for a momentand re- plies, “Well, really [ don’t— jot me see—yer, now I do remember something about that—barn’ ‘rails,’ ‘Thompson ;’ really it seems to me that Thomp- son did say that.” “Will just think of the matter till to- morrow; and on the morrow, Mr. Smith has made up his mind that he of a verity heard this conversation, and off he goes to Court, and poor unsuspecting Thompson is, to his utter astonishinent, numbered amonget the victims of this about as dangergas was “ 5) tails” with all these Lal ( ae) meen reo can > in bao their jolt labor departmer , 1 you to judge. (Roars of Jaughter.) ’Con- nor col ‘at some length on the evidence of Mra. Stewart, and showed very conclusively, that it per- feotly accorded with that of all the witnesses who testifi- ed a8 to the idiocy of Alice, except that it was given in a more cautious cad aoe characteristic manner. The learned gentleman then concluded i loquent manner :—I now submit the case to you, en of the jury, convinced that we have oftered abu! f that Alice Lispenard was never competent to do a | act, or that if she did even attain a suificient measure of capacity to do a legal act, it was done under such circumstances of fraud, deception and restraint, thet the law cannot sanc- tion, nor houest men approve it. I trust that this long tis- sue of fraud and knavery, consummated by an act of bar barity whieh c! the perpetrator—I mean the Jost will and testament of Alexander L. Stewart—will re- pas at your hands the condemnation which the laws of ‘and the principles of hon uire of you to Labaiecaneh age Twill do thie with pronounce. I am persuaded gratification—with hearty good will, and I am equall: well assured that you will regard as one of the proud- est days of your lives, that on which you have been privil to circumvent the craft and fraud of the usurer, and fraudulent party, who has eaten into this fair estate, and sought to strip the unprotected orphans of their rightful inkeritance. 1 trust that on the eve of that day on which you render your verdict, the fatherless children, whose cause I have advocated, as they kneel in their humble home, and their young lips repeat that “ Lord’s Prayer” which it was never ie to pee Alice to be able to repeat—and as th: dress the Uni- versal ¥ather, and say “ Hallowed be thy name,” it will not bein grief and sorrowing regret that the strong hand of power has borne down the right; that the law has failed to be omnipotent over wrong, and that fraud and in- iquity have triumphed ; but that it will be in joy, and gladness, end gratitude to the God of trath aid ane who established the rights of injured youth and in- nocence by the verdict of twelve honest | men, under the just laws of our country. ‘ ces the learned gentleman resumed his seat, the appro- bat of the audi was manifested in aloud burst of applause, which could not be restrained. it was now aftertwoo’clock, and the Court took a re- cess till five o’clock. ArTERNOon Srssion- i Sareaan Somented wa ne cpanpinits af a justice of Mr.Butler’s opening— of Mr.O’Connor’sc: pbs elite and of Bis ppecek. Speaking of the will where Mr. Lispenard of Alice—‘ Since it hath jeased Almighty God to give my daughter Alice such oresey of ming an to es ler Resins ible of managing, or taking care of property;” Mr. Ogden gave it ° farpretatfon: "Sine ft hath pleased Almighty God to hg my daughter Alicesuch lity of mind as to ren. ler her incapable of improving three salt meadows and soft marshes, therefore I give her $500 per annum.” (Laughter.) That was Mr. Lispenard’s mean- ing, and that is the true meaning of the will. Again, Mr. Tuttle, one of the witnesses, said that “ Alice had about two thirds of common seni Mr. O’Connon and Mr. But.er—One third. Mr. Ocpen—Two t ys Mr. O'Connor again—One third. 4Mr. Oapen—Well, one third, since the gentlemen will have it so; by which I understand that she had as much s one third of the community. (Grea* laughter.) Ag the truth is, that every cent of the money which Mr. Alexander Stewart spent upon improving tne Lispe- nard property, he borrowed from his brother Rob't. That wos Tossen enough why he should give all his property to Robert. Mc. Ocpen concluded his speech in one hour and forty minutes. Mr. Woop then followed immediately, commencing at about 7 o’clock in the evening. ‘The first part of his ar ument was confined to the law autho: bearing upon the case ; and among them he very happily and striking- ly recited an opinion recorded in 1st Page’s Chancery Re- ports, delivered by Mr. D. B. Ogden himself, upon the other ‘side of this question, in days, as Mr. Wood remarked, when the learned Counsel was orthodox upon this sub- ject. He then went into a general view of the plaintiff's case. He will finish his argument to-morrow morning (Saturday.) In the Grand Jury Room: Before Justice Stevens. Examination of Mrs. Cuanves F. MIsven ConTinugD. Fes. 24.—Atan early hour this afternoon, the entrance to the Grand Jury room was crowded by a mass of anxious spectators. As soon as the doors were opened, the room was completely filled. At about half past 4 P.M., the par- ties came into Court. The direct examinaticn of Mrs. Miller was then commenced by Mr. Jordan. Mrs. Miller testified as follows:—Previous to the death of my uncle Wells, and my Ladies de the existence of the $20,000 note, my husband committed personal violence on me; he knocked me down and choked me; his conduct for seve- ral years previous to my separation was unkind; on Mon- day evening last, at my private interview with Miller, after the examination at the Police Office, he de- sired me to say, thet I was perfectly satisfied, and wished for no further proceedings, and thet I would consent to go up to Yonkers with him, in or- der that I might assure ev: one that I felt —— security with him. I refused, and told him that I been mere lenient to him than] ought; he then said he did pot care a d—n for half measures; that my trou- ble had only then commenced; that I should be more per- eecuted than ever; that both he and his father wou!d do their utmost to make me miserable for life ; that neither I ormy family should escape; that he would not leave them ahome over their heads. then nsked him if he meant the gunpo oder plot, that he hed formerly spoken of; his re- ply was that he did mean it and worse, if anything. The conversation here ended, and I immediately eft the room. At aprevious time hasaid he intended tohave a keg of powder in the cellar of the house at Yonkers, and blow it upat night while my family were asleep. Gp the way from Stamford to New York, Miller heldhis hand over my mouth several times, and stopped my yoice, so that I could not scream. The direct examination was here con- cluded- Without c c the cross examination, at fifteen minutes of or. . thetcourt adjourned till half past two to-morrow. ‘Tne Inramous Post Orrice Br. —From indica- tions in the House of Representatives, we have hopes that the disgraceful and infamous Post Office law, concocted by a convention of blockheads at Washington, will be permitted to die in that house. Never, perhaps, in any free and intelligent country, was such an insolent attempt made by ignorant pub- lic employés, to hide their own inefficiency by seek- ing to destroy the circulation of knowledge, litera- ture and information among a reading people. Let them be marked and remen. bered. Lixeness or Faruse Matnarw.—The ‘“Washing- tonianjRetormer and Universal Peace Maker,” (a noble Temperance sheet, edited by Mr. Wallace, late of Kentucky) of this morning, contains a fine likeness of Father Mathew, and a full report of the proceedings at the Tabernacle on the evening of the 22d, with the speeches of Drs. Pise and Power ; Messrs. Freelinghuysen, Whiting and Wallace.— Those wishing a copy can obtain it at 74 Bowery, Croton Hall. If the Washingtonians ever patron ised a paper devoted to their cause, they should rush forward in aid of the Reformer. Mepicas—We understand that the Board of Regents have made an incision into the professor- ship of Doct. Augustus Smith, of the Crosby street College, and some hope that they will make him a fossil remain bye and bye. Wehope not. We lile Doct. Smith for his boldness. He is a live animal. ‘Tur Governor Gengrat or Canapa has passed the crisis of his disease, and is improving fast. Our advices are from Kingston, the seat of government, to the 17th inst. Cnear Literatorr.—This business seems to be going ahead very rapidly; but take care of the fu- ture, if you please. {cgiMr. George Vance, Editor of the Albany At- las, died Thursday morning, 23d inst., of the small pox. alight eae Navat.—Com. Perry has been appointed to the command of the African Squadron. Barnuw’s Sarety Arraratus ror tne Preven- Tron oF Steam BorteR Exriosions.— The proprietor is happy in being enabled to inform the public, that he has now_in successful operation on board the steamboat Croton, plying between Bridgeport and New York, an apparatus simple in its construction, and certain in its operation, whereby a uniform an constant supply of water is secured at all times, whether under way or laying at the wharf, an whether the water is foaming or in a solid state. Scientific and practical engineers are respectfully invited to call on board, where the gentlemanly en- gineer of the Croton, will take pleasure in exhibi- ting the same to their inspection, with its principles and operation. The rietor feels the fullest assurance, that the prindiples b which he has been governed, as well as their application, will bear the test of the most thorough and scientific investigation. Onymrtc Crrcus —The entertainments at this po- pular place of amusement will be given for the be- nefit of the performers and artistes belonging to the establishment this evening. The performances will be very elegant, embracing several new acts. The present will be an excellent opportunity for the trequenters of this house to distinguish themselves by their liberality, cket night. t Lie SOUTHER TRICT OF NEW YORK. David G. Johnson, artist; George B. Slost, hatter, N- Y., late of Syracuse. fig Saturday is always a great day atthe American Museum, At 2o'clock or half.past 7, will be seen for the last time, the!Indien Chiefs, in theit marriage ceremonies and national dences, ‘The Kentucky Minstrels, who meds ruch a hit yestertay, will also appear, So will the beaut hv be of Now York,” and a power of other exquisite attractions, For months there will not be @ more exciting bill of performances. etch stay ware Aegeyeregpevsel | BY THE SOUTHERN MALL ‘Washington. [Correspondence of the Herald.) Wasurneton, Tavespay Nicut, sk? Feb. 23, 1843. tlonal Foundry—Blectro-Magnctic Tel graph--A New Bank Project—Death the Harbor BUl—The Treaty tn the Se: nate--The New York Custom House, You may remember that a few weeks ago th Jaw in Florida declaring that no‘free negroes shoul be allowed to enter that Territory, was discussed it the House. And to-day, Mr. Briaas offered a reso! lution as soon as the House met, to instruct the Ju. diciary Committee to report a Bill declaring that law unconstitutional and void. The resolution wa objected to, and after several attempts by the Abo: linonists to suspend the rules, it was voted down, 104 t066. The abolitionists have been pretty quie this session, but since the introduction of the bi Latimer petition, they have become more noisy and will yet try to kick up a row before Congre: adjourns. By-the-bye, Mr. Adams’s big petition with 50, names, and half a mile long, was taken off its rol. lers this morning, and laid in a great unsightly bun. dle on the Speaker's desk, to be disposed ef as h thinks proper. So “ there’s an end of that poor nig: ger” for thissession. After this, Mr. Pickens rose and said—Sir, I wish to appeal! to the House to permit a personal explanation, i: inet several members of the House were inte- rested. Mr. Tsompson.—Sir, | will only occupy a minut ortwo. The day before yesterday, i rupted in bf speech by the gentleman from Nort! Carolina. J did not distinctly hear his words, but am informed they reflected injuriously on the Stat of Mississippt and myself. I did not see the re-| marks in the paper, sir, but as the gentleman was| absent yesterday, Tnow take the first eeeteaity to ask him what he meant by those remarks. zest ought here to state what the remarks! were as! find them in my remarks. Mr. Thompson| you know by the report 1 sent yeu, wos speaking of the debts contracted by the several States in the Revolutionary war, and the debate ran thus :— Tnomrson.—Did Virginia pay her debt? Did North Carolina pay ners ? Rayvex.—Sir, [ will not allow my State to be slandered by a comparison with other States, particularly with’ ississippl. Tuomrson.—Sir,1 meant to cast no reflections on the| State of North Carolina. Unlike some of her sons, I feel! proudof the conduct of that State. Rayner, (sneeringly.)—Sir, I’m sorry that the State can’t pay the same compliment to the gentleman. These remarks caused the aboye demand for an explanation from Mr. Thompson to-day ; to which, Mr. Rayner rose and said—Sir, I do not know to what remarks of mine the gentleman alludes. As he did not hear them himself, zempose he received his information from some person disposed to make mischief. _In what I then did say, however, I meant nothing offensive to the State of Mississippi, or to the genera himself. And I owe it to myself to say that J would not travel out of my way upon this floor for such a purpose. Mr. Picxens—Sir, I heard not the remarks of the gentleman from North Carolina, and have not in- terchanged a single word with the gentleman from Mississippi on the subject. Mr. Rayner—Sir, | appreciate the motives of the gentleman from South Carolina. Mr. Picxens—I hope, sir, that the explanation is satisfactory. Mr. Tuomrson bowed. £ So there’s an end of that quarrel, which yester- day threatened to be serious, as Mr. Gwyn car- ried a note {rom Mr. Tompson to Mr. Rayner, de- manding somethin, However, I suppose it was all done in a Pickwickian sense, for this is certainly a Pickwickian Cen, ‘ has been gh QuarreE. No. The lie given! Tais is the 7th quarrel that adjusted, as follow :— '—Between Gorvon & Bowne— —Brown and the new Memasr from ing him the tail end of a man!! Ditto —Dawson & Gippinas—A personal shove out of the aisle on " Drrro No. 4--Wisr & Firumorz—Flat contra- diction, not to say lie. A case of adjourned ve- Tacity!!!! Drrro No. 5—Burier Kina and Cosr Jomxson— A lady in thecase. Mistaking a very good lady in the gallery fora very naughty lady aa 2 Drrro No. 6—Prorrit and McKzon—Underrating each other’s oratorical powers!!! !!! , Dirro No. 7—Tuomrson and Raxner—Dispara- ging the State of Mississippi !!!!!!! So asseven is a magical number, I suppose this will be the last. All the fourteen ve named are first rate fellows; all men of fine talent, high character, very useful to the country, can very ill be spared, and would Sescen sume ReSPUN ICs as a bouquet in a fair lady’s hand. So save the re- public and this honorable Congress, as the crier in the Supreme Court does not say. Mr. Cosr Jounson, after the above, offered a reso- lution calling for all the correspondence between the two Governments relative to the Creole and the McLeod cases. Objected. ‘ 3 Mr. Fittmore offered a resolution calling on the Secretary of the Treasury for all the information concerning the available means and the expendi- pe Pig government for the last four years.— lopted. i Mr. Fitimore reported against relieving the Plan- ter’s Bank of Mississippi. Mr Kennepy then begged that the House would appoint Tueeday next to take 4 the Warehouse System Bill. This was objected to by Mr.Fillmore, as they had not time to go through with indiepensable business. So, theretore, the merchants of New York may rest perfectly satisfied that the Bill has got the “go by” for the session, and that this Congress wil! do nothing fot their reliet in that line Mr. Cusnine rose and said—Iaek leave to read an extract of a letter from Mr. Everett, our Minister, correcting an error in Sir Robert Beel’s speech.— (Great uproar.) ae Severat Voices.—No, no, yes, no. Goon, Cushing. Hear him. No, yect. D—n Sir Robert Peel e ¢ Cusuine.—I’ll not discuss the ‘subject. I wish to state a fact. v Srverat Vorces.—No, no. Yes, Hear him.— What fact? " imi Granorr.—-Is it a constitutional fact? (Great laughter.) Cusuinc.—It will notjoccupy five minutes. __ Cries of “Yes; no—print it. Go on. Hear him. Sit down.” i Cusuine.—I move a suspension of the rules. A Wuie Memnrr.—I call the ayes and nays.— (Cries of Oh! oh! no!) The motion was lost. Ayes 99, noes 55. Every Clay member voting against it. mr. Cusmine laid the extract of Mr. Everett's letter on the table, and it reads as follows. It is addressed to Mr. Webster :— “ Lonnon, Feb.3, 1843. “T attended thedebate in the House of Commons, You can judge of the surprise with which 1 listened to the re- marks of Sir Robert Peel, on the alleged fact, that Lord Abberdeen’s letter to me of the 20th of December, 1841, remained to this day, ‘ unacknowledged and unanswered.’ It was acknowledgel by me in anote dated two days afterwards, (23d December, 1941,) which, however unim poetant, was transmitted to Mr. Fox by Loid Aberdeen, and afterwards transmitted to Parliament and printed. In this note of acanowledgment, I informed Lord Aherdeen that I should avail myself of an early opportunity of ma- king some remarks on the very important topics treated in that letter, I pursued this course of sn immediate ac- pee ae pry of the receipt of Lord Aberdeen’s note, with notice of a “go omy of replying in due season to its contents, because, being just arrived at m peas Thad not received the instructisns which you hed informed 1 might soon expect on this topic, and which, as Lord Aberdeen’s note modified the ground, and disclaimed the language of his predecessor, it was my duty to await. Such instructions I should, no doubt, in due time, have received ; but on the 27th of December, Lord At in- formed me that the special mission had been determined on ; thet Lord Ashburton would go to America with full power to sete arey int in Ppery cones was called the right of search, w! difficult ; and po cinn the opinion that it would hardly be worth while for us to continne the ence on matters in dispute between thetwo countries, and remark ed, though he was willing, = ne tod oi A-*.. in! ro) , that ponding tke negociatron which might take plice ai Washington, he su pee no-benefit would result from si- it jon here. ree Lord Aberdeen’s observations, as _report- ported by me in my dospatch of December 31st. The ne- tions took place, and a mode of dealing with and settling the question was happily ngreed upon, which made it unnecessary to resumo the diseussions #0 long carried on upon the sudject. In fact, from the moment | mission wat announced, | considered the dis. an end ; nnd as little to be resumed in refer- ence to search and visitation, ay the Boundary or the Ca- rofine.” ‘The Bill which I sent you some time ago to take off the restrictions from steamboat captains and owners relative to providing for the safety of their passengers’ lives was then read a third time and passed. So lookfout for a few more splendid steam boat explosions on the western waters. Mr. Cost Jounson reported a_ bill to estabheh a large National Foundry tor casting cannon, to be built on six acres of ground, to have water power and all the necessary machinery, and to appropriate $100,000 for it. This was read twice and referred to the whole committee. Mr. Fernis’s bill to establish a system of clectro-