The New York Herald Newspaper, February 16, 1844, Page 2

NEW been favored with a little bit of explanation which “| throwsa great deal of interesting light on the mo- dus operandi of the tribe of letter writers at Wash. Sectarian Christianity—Mr, Webster's Argu- | ington, and also on the morality, honor, and re. ment in the Girard Will Case, spectability of the members themselves. A letter ‘We have had a variety of sectarian controversies | writer in the Boston Atlas comes out in reply to among the various sects in this city and throughout | the denunciations of three ‘members of Congress, the country during the last few months—sometimes | who recently figured in nojvery dignified, but still the Episcopalians, then the Roman Catholics, then / not at all uncommon attitude on the floor of the the Presbyterians down even to the Mormons and | House of Representatives, and admits, with the Millerites; but one of the most curious and origi- | greatest possible sang froid, that he did not of him- _ nal fancies upon the subject of general religion that | self make any of the representations complained of we have seen, is the recent argument of Mr. Web- | in the letter, but that they were related to him by ster in the United States Supreme Court against the | members of the House, belonging to the party in validity of the will of Stephen Girard. ‘We have | whose service his scribbling, and it would, from had this argument reported at full length, andit has | his own account appear, very convenient talents, been circulated to the extent of many thousands all | had been enlisted. He represented the conduct of over the country; clergymen’and religious persons | Belser and the others just as he was bid. He does of all descriptions have heen perusing it witha great | not pretend that he himeelf witnessed it, that he deal of attention,some with extraordinary symptoms | narrates his own account of the matter. Not at all. of admiration, and some not knowing what to think | He did not go to Washington to let the readers of of it The argument of Mr. Webster is certainly a curi- ousaffair, and the manner in which it is introduced is equally as curious ; but in order to understand the original question, and the arguments applied to that question by Mr. Webster, it will be necessary to give an extract from Mr. Girard’s will—the passage upon which the whole controversy turns :—- EXTRACT FROM THE WILL OF STEPHEN GIRARD. **T enjoin and require that no ccclesiastic, missionary, or minsister of any sect whatsoever, shall ever hold or ex- ercise any station or duty whatever in the said college ; nor shall any such person ever be admitted for any pur- eS ‘or es avisitor, within the premises appropriated to ‘of the said college. In making this restric- tion, I or YORK HERALD. what opinions he formed. Oh! no. He went to Washington to be useful to the party—to retail whatever misrepresentations were put into his mouth—to pen and send to the Atlas whatever abuse and slander honorable members, who had not the manliness to assume the responsibility thus incurred, might chose to invent—to blackguard, and vilify, and misrepresent, all who were obnox- ous to ‘“‘the party”—in fact, he went there, like his fellows, to do all the dirty work required of him, ond assist in perpetuating that system of party ma- jignity, party slander, party chicanery, which has oot mean to cast any reflection Upon wtadeot | been disgracing and destroying the welfare and amongst eno io honor of the country. 4 feo eh the wontle. This letter-writer, who thus, with a frankness sectarian coutroversy | which is certainly quite inexplicable, treats us to that all the instructors | such a satisfactory exposition of his character and ment, which clashing doctrines an: fare so apt to produce; my desire is, and teachers in the college shall take pains to instil into os : the minds of the scholars, the purest principles of morali- employment, is but a sample of his class. A more ty, 20 that, on their entrance into active life, they may | contemptible, unprincipled, mendacious set of fel- pig ge agar zine enerolenee, ac lows than those letter-writers, cannot be found in the industry, adopting at the same oe a en tenets | vilest political Alsatia. Those attached to the whig as bo spat ee, an Pp fiat i eee papers are particularly destitute of truth or decen- passage, f e 3 would seem to create no insuperable difficulty—to Syne ee os rabid. The locofoco seribblers indicate no irreligion and no infidelity—ne violent or bebe nea © little, the meresteprinkling, of de- concealed antipathy to Christianity or Christian cae ino paee Oe letter-writers ate al- morality in the broadest sense of the term. Yet be ekarmiPire = hit abseil eh) the waoihee strange to:eny,-cut. of this - common sense clause; ments ot circulating _Untruths and calumnies, and based upon facts in the history of religious and ec: mS more ane se warertiabes wore bores imosities, they merit the most indignant reproba- the Atlas know what he saw or heard there, or i? Larren Warrers m™ Conorxss.—We have just] Tur Lost Leaacy—Cor. Wanna acatn!—Our BY THE SOUTHERN MAIL. friend Webb will never forget that legacy. [t seems to haunt him asthe ghost did Hamlet. The last phase of this curious controversy is the most amu- sing of all. In the American of last evening the Colonel comes out with a card in the regular old thunder-and-lightning style—mixed, however, with such a ludicrous quantity of most melancholy gai. ty, that it looks very mueh like the aforesaid | ghost in Hamlet attempting to play the part of a circus-clown ; or like a rook in the joyousness of his heart endeavoring on a fine morning tosing. Webb even quotes Falstaff as hiegreat prototype in courage, capacity and miefortune! Here goes the card: [ADVERTISEMENT.] To tnx Eprror or rae New Yorx American : You have, very unintentionally no doubt, done me and ‘ourself a great wrong, by admit into your columns : sgcth cad aa in ‘the “C; of Herman C. Le ch therefore leave this wholesale falsifier to allude to tif personal responaity by aatale af te pen a abled a a bend which he beudks and ontale chataster with unbluah- and without a shadow of truth.” it was my misfortune, as you ware, to be singled out as a victim to our Anti-Dueling Law ; and the full ties of thet statute were pronounced against me, un- ler circumstances still fresh in the‘recollection of the public. | * * - * * Notwithstanding Mr. Le Roy’s insinuation that he has asked of me satisfaction for his imagined wrongs, he speaks of me as “ infamous,” “ a base calumniator,” one with whom he will “have no controversy.” This, under the circumstances, is in very bad taste; and if he ld live long enough to become familiar with the feel- ings and tmages of genilemen, he will learn that when a of holding an oppenedt S pecsanaly. respon- sible” for his conduct, self-respect requires the use of courteous terms, in order to guard st putting him beyond their palo. They may not first degrade an adver- = below their own level, and then descend to his po- sition, But, says this amiable young gentlemen, ‘J. W. Webb for years’ by misrepreseniations and slander in. every form, isoned my mind against various membera of the tewart family 1” Poor fellow ! he is entitled to the aym- peyond ry of every kind reader ; and | only wonder at he did not put his tin the language of his great prototype, who thus complained that he was corrupted by the ce of Wales. “ Falstaff, O thou hast damnable iteration ; and art in- dend able to corrupt a Saint. Thou hast done much harm upon me, Hal—God forgive thee for it! thee, Hal, Tknew nothing ; and now am I, on cfealy, little better than one of the wicked.” gain— Falst * * * + “Thou knowest in the state of innocency Adam {oll ; and what should peor Jack Falstaff do in the days of villany? ‘Chou soe’st I have more flesh than another man, refore, more frailty.” But the truth is, this “ Card” is only another new move inthe comedy now being enacted, entitled ‘A New Way toProve a Will.” Cajoling, promises, threats, exparte affidavits, have all been resorted to without effect ; and now we have a touch at dullying. ‘The success of this tarian quarrels which are crowding all around us, | ji, of every honorable mind, and eve és x 2 “ ry friend of & all ages and 1n all times, Mr. Webster has! the dignity of our national! legislature, and the honor framed an argument which as purely sectarian IN} oF the country itself. All the slanders and misre- its purposes, and as narrow as it is pos: ible to have | presentations, which cannot be poured forth in the been invented by any bigot, and as unchristian in | FYouse, find always an open andready channel in the its results as any argument which *he denoun- “Washington Correspondence” of the party papers ced, or any opinion which met with his with-| ‘hroughout the country. Character is thus stabbed— ering condemnation from the French volumesof 1n- | the people imposed upon and misled—and the poi- fidelity. 2s son of party virulence} infused, without, in most Mr. Webster's three days argument before | cases, a chance of punishing the highly criminal the Supreme Court may be comprised in a nut agents in this system of abuse, slander, misrepre- shell. It is true it flies off in this direction, and| sentation and lying. * s runs away in that direction, and goes round and} And then again, with what an indication of the round about in every way ; but, after all, its wind- | character of the violent politicians of both parties, ings and its nde’ it may be compressed into ate we thus presented! Only think of honorable the smallest possible compass. . | members of Congress empleying their letter writers The only ground of objection to the vali-} to circulate statements which they themselves dare dity of the will of Stephen Girard, and the | not assume the responsibility of uttering or publish- Peineipal ground, Bad presented by Mr. Web- ing! It is indeed time that this system was bro- ster, is the exclusion of all clergymen of the} {en up, Were these convenient agents of slander various sects of religion in the world from ever en-} ang party hate ewept out of the Capitol, eee tering that college, or approaching the tender proceedings in Congress communicated to the pub- minds of the children until they have reached acer- | tie only in that faithful, full, and independent man- tain age when it isto be supposed their own judg-| ner, which distinguishes our reports, the honor and ments will be able to guide them. Mr. Girard’s Ni ; : : A respectability of our national legislature would be exclusion embraces all sects of all religion, not only greatly promoted. s the clergymen; he will ‘admit no ecclesiastic, inks Cs) Gavole ee Cenumonery ofanysect whatever. Now| tye Gnanp Awenican Rerusuican BALL At it would appear from Mr. Webster’s view of this) oue Parx Last NIGHT —“Young America”, has matter, that he considers the clergy to be|,,; Laat Christianity iteelf—that the triumphed already! The scene at the Park the whole of Christianity—tu be its length Saati om chess dil This ve CeT-| in the space of a few months has swelled into a r wove narrowest pos-| mighty flood—irresistible—carrying every thing sible manner, and confining the benefits of re-| pefore it. Talk of the “Boz Ball!” It cannot ligion to a very narrow circle indeed, and certain-| gnee he compared to this magnificent display of | the Board of Assistant Alderman last night, ly corresponds nut wi erigion! establishment of the church or of Christianity as we find it in the , ‘ fi chivalry of that “Young America” a snesmcciea ter tm nl fe eos tined to sweep away every trace of the rotten, were founded, are indisputable. What have we pre- bash 2 i . ey , pores teri is estes sented tous, in the plainest day, by the various ec- ait clesiastics, ministers and missionaries of the vari- “at : oro i en ae Hd heer haere splendid affair. We shall give a full account to- the. world by Catholics, ’Presbyteriane, Epinco- | TOT™O™, and COMES thi eee Tien caly say ane ad Wy other ee mar bast? tay ae *) now that the decorations were in the most exqui- ions irae be poe shoe jean “har | site taste—that the theatre was crowded to the PU SAAUS SESE tol le aNTehGeLSN DARA ees nieces erate ence ae did P e v agers, gained universal applause for the admirable pee “id Bresson perenne oyeord arrangements—and that every body was delighted. sect can best maintain their own particular powers against the clergy of another sect. In all ages and in all countries, we see the same discreditable and disgraceful discussions among the clergy; while, if we want to find where pure Chris- tianity resides, we have to go to the private house —to those who make no pretensions to superior mi- nistrations from heaven—to those who read the Bible, who study the pages of the New Testament, or who gather their morals, their religion, and f ees their Christianity from the four gospels; but not under wise and judicious management was so ad- from the impudent, and tyranical, and ambitious | ™irably calculated to promote the best interests of clergy. For nearly seventeen centuries have the | * clergy, by their ambition and by their rivalry, by their hatreds and by their antipathies, kept the world in a state of turmoil during the whole time, creating discontent, breeding war, and stirring up nation against nation, and people against people. This certainly is contrary to the maxims of the gospel, and contrary to the principles promulgated f Christianity, upon th tail pe Saness Sites: Aimbot argu Now the cause of this decline may consist in the It will be seen, therefore, that Mr. Webster's ar- extensive republication, in a cheap form, of the gument misees,its aim completely when it founds current literature of the day, and the writings of the iteelf upon the position that ecclesiastical mission,|™%t distinguished authors in all departments of aries and ministers of sects form the great body of literature. Those who really appreciate and enjoy Christianity, are the models or the principles of Chris, | "e@ding can now purchase and possess themselves tianity, enjoy exclusively all the pusity of the gospel, | of all the best books in our language, at a less ex- and the influences of the Holy Spirit, which was | Pense than in connection with any institution, But to continue with them to the end of the world. It the decline of the Mercantile Library Association, isa recorded prediction that wheresoever two or | ¥° believe, is mainly to be attributed to gross er- three are gathered together in His name there He |'"® 1" its management, We hope it is not too will be in the midst of them ; and wheresoever two late to rectify them. or three, or four thousand, or any number of men and women, are collected in one community, and that community, or society, draw their precepts of morality, and their belief in religion, from the ori- ginal fountain of Christianity, the New Testament, it is there that you will find religion, and there will be Christianity, and that will be a Church, wether it have a bishop, or a parson, or a clergyman, or neither. Upon these grounds, therefore, it will be perceiv- ed that we conceive the argument of Mr. Webster to be one of the narrowest, almost approaching to a mere lawyer’s, or perhaps a mere pettifogger’s ar- gument, that we ever recollect to have read or lis- tened to, and that it oughtnot, for a moment, to have any weight ininvalidating the will of Stephen Girard, or of divesting the orphans of the effects of his benevolence. the respectability, taste, refinement, beauty, and But a full and glowing account of all to-morrow. Deciine or THE Mercantice Lierary Assocta- one year the subscriptions have fallen off to the ex- tent of one thousand. It could hardly be other- wise. The narrow and exclusive system of ma- nagement adopted—the want of a liberal and en- lightened spirit, and the impotency of the general movement of those into whose hands its destinies have been committed, could lead to nothing else. Imvorranr rrom Hayti..—We have received by the Geneial Marion, Capt. Shepherd, advices from Port au Prinee, or Port Republican, asit is now called, to the 22d ult. We have Le Manifeste to the 14th, Affairs have settled down into quietness in every part of the Island. American produce was low and not in much demand. The lrench chargé, M. Barrot, left Port Repub- lican on the 20th, without having effected any ar- rangement with the Haytien government. In the first place, he proposed to let twelve years pass be- fore any claim tor a debt should be presented to them, provided they would give to French vessels an exclusive privilege of trading to the Island. This was indignantly refused in true negro style.— “Worrah, sar! we not going to do dat!” Then he proposed to give them five years without Sreamsmiv Hinensra.—Boston is in a commo-| interest on the debt, provided French vessels were tion; men are at work cutting through the ice to | admitted on payment of half tonnage duties. The the ocean; a general thaw has set in; and al! black philosophers in power, rolled up the white of for what? Why, the Bostonians are fearful that | eyes at this, looked at each other,and replied as the the Hibernia will be compelled to “come round” | Haytian officer recently did to an American Mid- to this city. It is fair to suppose that she will | Stipman who had landed him ona pier at Port au «come round,” for the harbor of Boston is again | Prince from the sloop of war Bainbridge: ‘Here, closed tightly, and it will take at least a general | ar, take dis;” throwing the middy a quarter thaw, a commotion, and even hundred men, with | of a dollar with an extravagant toss of the head, $2000, to open a channel in time for her. “go board your ship and transact your duties!” (Gipecninillihammasitatio The Midshipmaa pocketed the quarter and went; Juvar Cowen.—The funeral obsequies of the | * did M. Barrot with a part of the French debt. Hon. Esek Cowen were conducted on Monday by| It thus appears that M. Barrot has returned home the legislature in Albany. and the Haytiens abide by the treaty of 1830. They —————— have paid $350,000 on the debt, $200,000 of which Hon. Hewry Ciay.—Mr. Clay reached Natchez | is already in Paris. The next instalment of $600,- on the 29th ult., and remained there a day or twe. | 000 is due in July next. last | liged ; and will publish for him in the columns of the clergy embrace | might must have convinced every one of the | most affecting obituaries ever printed. strength and permanence of that movement, which | mation, ‘which is des-| the Select Committee of that Bokrd, It We have no time now to describe at length this day appointed to We must not omit mention of the gallant conduct | value the ship Oxford, have concluded tig labor, of Prinze John Davis, whose unremitting attention | and have returned her as being worth, wi to the ladies in coming from their carriages, and | S¢ar, $27,500. Nice pickings should the'fibel be preserving order, was entitled to the highest praise. sustained. large class in this community, has recently heen | Opera of Belisario comes off to-night. experiencing the effects ofa very rapid decline. In | splendid house, as we hear. experiment remains to be seen, It undoubtedly offers many advantages, because it promises a speedy result and isnot attended with expense. Dead men make no “ap- peals” and cannot bring ejectment suits ; and it never ap- jars to have ocourred to the monkey when using the cat's paw to get the chestnuts out of the fire, that Pussy was in danger. Had the safety of this last measure been danger. Had the safety of this last be submitied to the decision of the veteran Editor of the Richmond mnauleee, we all know what his answer would have been; and he will pardon me I am sure, if, en this oc- casion, | appropriate to myself that answer, and close this letter with the well known phrase— Nous verrons. Your ob’t seavant, J. WATSON WEBB P.8.—I submit to those Editors who published the “ Card” referred to, whether they are not in justice, bound to publish this reply. J. W. Ww. Really we don’t know what to do in this case. Will no one fight him? Will no one leave him a legacy? We believe we must advertise at once in this way—gratis :— [ADVERTISEMENT FOR A LEGACY.] WANTED.—B: ahighly reepectable military man,who formerly belonged to the “regular army,” and who is a Christian to boot, a jegacy, of at least $50,000. If that amount cannot be left him by some generous individual in any pet of the country, he would accept even of a le- gacy of $40,000; but on ‘no condition would he think of taking a legacy of under $30,000—-that being his lowest mark. The advertiser has been living for twenty years past in daily and certain e: tation of getting this lega- cy ; and during that time he has obtained and expended several hundred thousand dollars, besides getting into debt for $200,000 for which he took the benefit of the act. He is very clear of all debt, and by the pardoning grace of Governor Seward beyond the reach of a challenge ora pistol. He is ina perfect condition of safety, and the onl; thing that he wants to make his felicity complete in thi world is that same legacy of $50.000. if John Jacob As- tor or any rich man in New York will take this matter into immediate consideration, he will feel very much ob- uirer one of the warmest eulogies and For further infor- apply at 57 Wall street, NewYork. All letters must be postpaid, or put down in the next schedule of bankruptcy. Tar New Porice Bu.t.—In the proceedings of will be ted. by. e one’ which will probably be adopted, unless defeated by political interest. The Old Hunker party are very unwilling to let the power of appointing or select- ing the officers pass out of their hands. On Mon- evening the subject comes up again. Courier and Enq found the pest-part of an ordinance, ro Tne Late Persory Casr.—His Honorthe Mayor having been engrossed with public business during the entire day, was unable to continue the hearing of the evidence in the case of Ashley, reported in yesterday’s paper. The case will be heard to-day at one o’clock. Tue Sup Oxrorn.—The appraisers all her TuratricaL anv Musicau.—Wallack is leetur- ing and giving dramatic olios at New Orl Macready made his first appearance in New Or- tion.—We perceive with regret that this asso- leans, February 4th, in Hamlet, with Ryder as the | ¢, ciation, which commenced with such cheering | Ghost. The papers of that city seem to expect over- prospects of long continued prosperity, and which } “owing houses during the whole of his engagement. Tue Orera.—The second representation of the It Will bea Sir,—The Hen asigs named as endorser, in the assets of the late mercial Bank, is not Henry Meigs the ex-alderman of the Ninth Ward. H. Metas, Ex-Alderman of the Ninth Ward. James Gorpon Bennett, Esq. February 13, 1844. We make this correction with great pleasure. The person whose name was in the list of assets was named “ Meiggs.” Mr. H. Meigs, ex-alder- man, and formerly Member of Congress, has, we believe, been uniformly opposed to all these bub-| bles; and has passed through a long life of honor | and respectability without ever tarnishing his name by any connection with such bubbles. Movustats Murtroy.—Mr. Burton has a spiendid lot of sheep, which we inspected yesterday, De- licious mountain mutton is at hand. Amusements, ‘ Amusements. —Probably twenty thousand per- sons, at the present day in New York, visit a, of amusement every evesing, We mean to include the Circus, Theatres, the Opera, Concerts, Balls, Parties, kc Of this great number upwards of 2600 is the average at- tendance at the Chutham Circus, which proves the im- mense popularity of this establishment. Nothing can ex- ceed the beauty and corectness with which every act is here performed, saye the happy and satisfactory greetin, of the audience. North is at present the ruling star a his fame is higher in the ascendant thanever. The Cap- tain and officers of the frigate Vestal, visit the Chatham to night. Isaac Sweet anv mis Dog Timour.—This eve- ning Mr. Sweet is announced to tal benefit at the Bowery Amphitheatre. Mr. Sweet h to his' bed all winter, in consequence of jained while performing as Le mpenee _ dog “ Timour” fur alength of time was en- na F:velihood both for his sick master and His cele! abled to himself, by performing in the ring. But two persons, however, were able to perform the dog, Mr, Sweet and Mr Goasin, the clown. Since the latter withdrew from of course the services of poor Timour rived of his as- the Amphitheatre, were not available, and his master was dey sistance, Itis gratifying for us to state that Mr Sweet will make an effort to appear with him in the ring, this evening, for hia benefit, which may in all probability be the only tunity afforded thix season of witnessing this interesting exhibition. We would also add, that of all Mr. Sweet's “numerous friends,” Timour is the only volunteer who hay come forward to perform for him. Jaff—" Who's there ? Pierre —-——A ! What's he that asks ? Jaff.—A friend to dogs! For they are honest creatutes, ‘Who ne'er betray their masters, Nor fawn on those they love not.” ory The apna performances at the American Museum, added to the other attractions the place, are drawing good houses, This ix the last day but one of the eccentric Dr. Valentine, and those who have not heard him should be sure to «lo so today oF to- morrow. Depend uponit, to miss hearing him ix to miss the greatest treat in the world in the line of amuse- hilosophic for- at all hours re- ments. The Gipaey_ Queen, the real tortune teller, may be privately consult garding past, present and future events. , ‘and | break up until 11 o’clock. The band playedenliven- the Princeton, especially in coming up through the ice of the Potomac. Before 1 knew | amazement which she crea’ if a man should | tants upon the banks of the rivet ceived, as they beheld this fairy phantom ship, eee ton, state positively that the nominations of Messrs. Gilmer and Wilkins, for the War and Navy De- partments, will be sent into the Senate in a day or two for confirmation. Manyianp Siectiox.—An election tor six mem- bers of Congress was held in Maryland on Wed- nesday under an act in conformity with the law of Congress for districting the States. In the Fourth District, composed of the first eleven wards of the city of Baltimore, complete returns have been received, which give the Hon. John P. Kennedy (Whig) 585 over Mr, Legrand, (locofoco.) In the Third, composed of the 12th, 18th and Mth wards of the city of Baltimore, Balti- more and Carroll counties, and Howard District in Anne Arundel county, Mr. Withered (Whig) is, asfar as heard from, some 150 votes ahead of his democratic opponent. These comprise all the re- turns yet received. we jon. {Correspondence of the Herald.) Wasurnaton, Feb. Mth, 1844. The President’s levee last night was a very ele- gant affair, and most densely crowded. It did not ing airs, while the young, the middle aged, and even the old ‘tripped it upon the light fantastic toe,” or “ whirled in the giddy mazes of the waltz.” There was the usual attendance of foreign minis- ters, and diplomatics, together with members of Congress and others. Although particularly requested not to particula- rize individuals, yet I shall transgress so far as to mention the name of Captain Stockton, who made his first appearance here at the levee. He was at- tended by a crowd whenever he moved, and again and again was he obliged to recount the exploits of e utter astonishment and ited among the inhabi- not easily con- without a patch of sail spread upon her spars, or a living soul upon her decks, without the slightest evidence of steam, fire, light, or life on board, stil] pibughing her onward way through the immense thickness of ice, Tipping, tearing, breaking, crush- ing with irresistable power—mirabile dictu! The Messrs. Harpers will please issue proposals for a new edition of the ‘Arabian Nights,” and Irving must retouch his legends of the “Flying Dutch- man,” for the age of romance is come again. To-day the Captain invigorates, advises, and pre- pares; and to-morrow the President and suite—a private party—will visit the Princeton. It will be aselect party, but I think you will get a report of it. Captain Stockton regrets very much that he (odoteoes had But about in the House, . Mr. Wetter moved an adjournment, which was to 21. ill refunding General Jackson’s fine was the House, and it isnow a law. UNITED STATES SUPREME COURT. ‘Wasnineron, February 13, 1844. Mr. Webster’s Argument—Last Day. ,_ The Court Room was crowded again this morn- ing, but not to the same extent that it was on for- mer days, although there were over one hundre jadies present. The Court was opened precisely at 11 o’clock. Mr, Weuster rose and said—I passed over a point or two yesterday, may it please your honors, that | now wish to refer to, most yo uae and emphat the question of the authority of trust. I wish particularly the Court to two atatutes of Pennsylvania, one the statute of 1791, generally called the Self Incorporatin; the other, an act’ supplemental to it of the of Aj 1833, (Vernon, p. 181, of the Ist Law, and 184 Law.) The point I raise is this :—By the charitable or religious associations have the righ grant to the ited amount of . The act of 1833 enables them to take lands, kc. to the olear yearly income of $2,000. Here, then, is the law of Pennsylvania with regard to the power of Incorporated Societies for receiving such devises as this one now before the Court. It limits the amount to $2000 per annum. Can an} say, there- fore—is it possible—that an incorporated association such as this is, which is designed for these poor boys, shall take and hold in trust property which is fmore than equal to the annual income of $100,000, 1 take it, honors, that what was meant by that Phroseology 0 the law was, that all trusts above the ‘sum of $2000 should be compelled to apply to the Legislature for a charter to en- able them to receive and *execute, And we seein this procedure of the Corporation of Philadelphia an entire avoidance of these two laws ; it is unable to bring itself within one or the cther, or both, and yet it takes an amount or, times eave than the law allows an unin- corporated body to hold in trast. And {contend that the City is only the grantee for these boys ; and this leads me our to the evident policy of Pennsylvania—which was, to prevent persons holding in trust, in uity, without a in this head, I re- sitive provision of the Pegiiaiire, fer to the Constitution af 1796, section 37, with regs to executo ower 5 Vesey, 43—the cose of the Attorney Gencral against the Foundling Hospital, Nothing {s better established than that the Courts of Chancery have no power over those charities which stand on acharter. The distinction is this—where there is an incorporation, powers may be given by law to regulate the trust; but where no visitors Se pieritel. then the power of visitation is in the Court of hancery’ (Dr. Bender's case, 2d Brown’s Chancery Reports, p. 286.) Where a charity exists under a charter, which charter appoints trustees or visitors, and clothes them with proper powers for regulating that charity,there the Court of Equity never interferes, except to preserve the fund ; it never interferes to control the power of the trustees, But where there is no charter and no visitors are provided, the whole supervision over the whole sub- ject belongs to the law--to the Court of Equity, and who- ever is ministerial to the charity can be controlled. See 17 Vesey, 499—the case of the Attorney General against Lord Clarendon. Where no visitors are appointed by the charter, the application is to be made to the Lord Chancel- lor to cause visitation, in his capacity, not as a Judge in McKane’s Law, a 19, Pond 2d had not the pleasure of seeing you and Mrs. B when he visited New York. He will afford every facility to the Herald. _ presume the members of Congress will all be invited to visit the Princeton, and I doubt not they will meet with a rec zption worthy of both the ves- sel and her gallantcommander. There is a stcong movement making here to pro- cure the eppainimnant of Gen. Anderson, of Tennes- see, late Senator in Congress, Minister to Mexico, vice Gen. Thompson, resigned. And, by the bye, Ithink there is some very curious mystery yet un- explained respecting his triangular difficulty with Texas, Mexico, and England. Who can explain it? The announcement in the Herald of the arrival of Minister Packenham, has created quite an ex- citement here. His arrival, and movements, and negociations upon the Oregon question, are matters of infinite moment to this country. His presence here will create a continued excitement until the result of his nogociations shall be known. You may rely upon it, there are members and Senators here who are intensely interested, wide awake, and thoroughly alive to every thing that may be said or done upon the Oregon question. Questions will be opened here, during the present session of me which may set the Union in a blaze. The West will never relinquish Oregon; and two-thirds of the votes of the Senate can never be obtained to ratify any treaty that shall runa boun- dary below 51 degrees. In another letter I will give you the names of 18 or 19 Senators who will oppose any such treaty. ‘Again, the South are equally resolved to reannex Texas to the United States. But the West can do nothing alone—neither canthe South. Now, then, suppose they harmonise—vulgatim, log-roll? ‘Could they not carry not both measures? Then the North—the abolitionists, what will they do? You perceive that the bill refunding Gen. Jack- son’s fine is finally passed, as it came from the Gen. Jackson may now d: Tam glad this matter is now forever d of. The Senate has suspend action upon the Pursers who have been appointed. I suppose they want to wait till Clay or Van Buren come in. The vote has been taken in the House on the right of the general ticket, numbers 127 to 57. in haste, 5. B. peace. TWENTY-EIGHTH CONGRESS, FIRST SESSION, Senate. ‘Wasuinaton, Feb. 14, 1844. STEAM FRIGATE MISSOURI. Mr. Cuoare presented a petition from the offi- cers and crew of the steam frigate Missouri, for re- muneration for their late losses by the destruction of the vessel. GENERAL JACKSON’S FINE. : Mr. Augn moved to take up this bill, and it was accordingly taken up. f Mr. Woopsury_ proceeded, according to expec- tation, to define his position and express his views. He thinks the judiciary is the weakest branch of | the Government. It, has no relation to the army, and over the militia it has no control. It was ne- ¢ , therefore, carefully to protect and defend it, and he would take g heed that he did not bring it into reproach. He had been istructed to vote in favor of the refunding bill. But he is op- posed to the doctrine of instructions, and ai the merits of the general doctrine, as scores have ed it before him. s "itr. Huoxe knew Judge Hall, but he most deci- | dedly disapproved of his official conduct. Gen. Jackson accomplished a great and mighty: victory which astonished the country—and he believed that the country would infinite! fer that New Orleans should have been defended as it was, than that the city should have been sacrificed under| some fancied legal observance. : ‘The ayes and nays were ordered upon the third reading of the bill—which was carried, 30 to 16. The bill was then read a third time and rasszp>— the yeas and nays not called—two or three nays only being heard. ‘THE PEA PATCH. This Bill was then called uj, and some few amendments made, upon which a little unimpor- tant discussion arose. At the request of Mr. Bag- by the Bill was laid on the table. RED RIVER. Mr. Barrow called up the Senate Bill, No. 20, to authorise the st@vey of the mouth of Red River, and for other purposes. The bill asks for an ap- propriation of ,000. He stated that the mouth of this river is fast closing up—and that, the river would open for itself a new channel, uniting with the waters of the Atchafalaya, and flow into the Gulf of Mexico, ere \s Red River would wholly deprived of jeans as a market. The obstructions at the mouth of the river must be removed. 2P. M.—Mr. B. is still speaking. House of Representatives. ‘Wasnineron, Wednesday Night—Feb. 15. ‘The question on the election of the General Ticket Members was almosi disposed of to-day— but not quite. As soon as the Journal was read, ie Mr. Dovatass, the author of the Majority Re- ort on this subject, rose and spoke his hour in ‘avor of the report. Mr. Wexter then moved the previous question. This was seconded. equity, but by a petition to him as keeper of the Great Seal —that ‘ia, ag representing the King. Now I say that there are here no visitora—and no charter—and no way to remedy it but by application to the sovereign power, the law—a court of he ity. And as there was not exist- ing in the Laws ol Eeceayiyeale at the time of Mr. Gi- rard’s death to authorise the corporation to take and exe- cute this devise, itis void. I would refer: to the case of MacKellar against Galbraith, 8 Sargeant & Rawle, p. 43. ‘This was the case of a legacy to poor relations. And the Court, in this case, struck out the word “‘poor,” and gave the property to the next of kin, as though the word “poor” hed never existed in the will. And this was de- cided in Pennsylvania on the ground that the word “poor” was of so uncertain a meaning that it could not be defined Now, your honors know well that in the Statutes of the 29th und 434 of Elizabeth, the word “poor” is not of an uncertain, but ofa certain meaning. Ibut there is, in the celebrated Maryland case, so often quoted, of Dashiel against the Attorney General. In this decision the Court said that the word “poor” involves so much uncertainty that the will could not be administered, because the sta- tutes of Elizabeth were not in force in Maryland. 1 come now to the next point which [ raised, and it is this:—the power of the City Government to administer 0 charity like this. ‘I contended that Mr, Girard should have rovided for acharter; and on application to the Legisla- ture, they, seeing avast amount of sonry, going into mortmain or perpetuity. would have provided means to have taken care ol it. Mr. Girard should have been re- commended to have made his willexecutory; and then it would have stood on the same ground aa the sailor’s snug harbor. Why, your Honors, what would become of all onr great institutions? what would become of Yale? what would become of Harvard, withouta charter? without » visitatorial power of the government? T hay thus treated of those points which I omitted ‘and! now come to the concluding point of my rgument; suppose this devise cannot stand, what be- comes of the money? Does it go tothe heir at law, or doea it fall into any residuary devise—does it go to the City of Philadelphia, or where does it go? Tho learned cotinsel opposed to me said that there was no doubt Mr. Gi- rard intended to die testate with regard to all his property real and personal ‘That he tid éntend to do so T have no r goubt. But von agars will observe: that Mr.Girard hasdi- cifically, and hehas di: its own way and manner. Ie rust ha ia consequence of these particular devises and bequests. He looked to no general residuary devise which might not be covered by these several special devi- aes. There is no doubt also that he intended fully in re- gard to this devise that it should go to the city of Philadel- phia. But the heir at law need never show that it was in- tended he should be the heir; becanse he is selected by the law as the recipient of all the property that is undis- posed of, I shall not argue that there might be an inten- esiduary devise should take the devise in case of a ‘because no lanse was contemplated. But it is settled that if there bea doubt in the case, then the party whe is selected the heir hy the law is to have the benefit of that doubt ; and the residuary devi- see is to lose by that doubt. Ifit is doubtful about the intent of the devise in case of a lapse, then the law makes it not doubtful that the heir at law, and next of icin arc entitled, I listened with great attention to the ar- gument of my learned friend on thia part of his remarks, as I always listen with pleasure to his remarks (Mr. Bin- ney bowed) but the error into which my learned friend fell upon this point was in what logicians call, an error in the first concoction. His premises were erroneous, and all his conclusions partook of the same character — of the residue of the remainder as itis called, in the Sian: SLamreuD ite ie : Ny ne giving wi est isponed to the city. “f read that clause of the will.) city of Philadei Mr. Webster hy these words the whole residue is given to the city of Philadelphia. That I deny. Not a cent of it is given — A trust is created, and the city of Philadelphia is made the trustee; and inthe hands of that trustee this | property is deposited; but not ‘a farthing in that devise is fy tothe city of Philadelphia for her own benefit — 1m rye oy that hg Bs A tbe i ea a de. vise an e trustee. will atthe foot of the 20th page, every farthing cepa would have gone to the heir at law. Here is a trust create’ which makes Philadelphia the trustee and no trust named; then it is clear that it trust to the heir at law. And down to the close trusts are not declared, and if it had sto; whole must have gone to the next of kin. od of his personal pocedy—Saring put it ine it were—say in this capitol, and there that whole property remains down to the end of the 20th section. He maker the trust—puts the fund in trust, and then goes on and de- clares in what way and manner the property is to he dis- vored of. The first trust then which he declares, is the College ; to this he devises $2,000,000, and as much more as the int ite of the fe may require. The 2ist sec- | tion expresses his furiher desire that as much more as may | be requisite for the wants of the College, so as to fulfil hiz original purpose. may be so appropriated. ‘The 22d clanse makes a specific legacytof 000 to Philadelphia. — This stands as the next thing to be taken out of this find an a specific legacy, in order to be used in opening the Delaware Avenue, kc. The twenty-third clause contains | the third ific devise of $290,000 to the State of Penn «ylvania, for purposes of internal improvement. Now, up | to this point of time in the Will, the city of Philedelphir | has obtained no personal interest in any devise. There are the $2,000,000, &e., to the and the and $500,000, in two specific legncine, the same asif hn bad de- vised them to johnbes or Richard: Roe; and sfter these || hawe been devined. then. end nat fillthen. doce there arite a single word in the Will in which the city of Philadelphia is at all specifically interested. Then comes the phrase | in the Will, “And as the remainder of the residne. Twive and bequeath.” and eo on. (Here he read the 231 and 24th sections of the Will.) And even here the city of Philadelphia is not the first object of interest, ‘Be. cause, out of this remainder of the residue as much ia to be taken as the wants of the college require; that ta the first disposition of the residue. And secondly, (his in on the thirtieth page ofthe bill,) commonce the first. showing of the interest of thecity of Philadelphie in this remainder of the residne—the first showing in the world that’that city has an interest in the Will, and this is 1 bequest for the “improvement of the police of the city,” &e, Here is the first showing of the city’s interest in the residnary devise ; but upto this point she had no special interest in the will'whatever. By the location of the nrovisions of the Will, all the interest that the city of ‘rhe question was put on the main question, and carried, 128 to 64. ‘The question then came np on the amendment of Mr. Dromgoole, which declares all the General Ticket members to be elected, but enumerates the members individually. | | Mr. Vance demanded a division of the, question, so as to take the question in this way : first, “are the members from New Hampshire duly elected,” sad 80 on to Georgia, Missouri and Mississippi, by States, Mr. Dromaoore moved to amend this by callin for a division of the question again, £0 as to call each general ticket member, and take the vote on his individual election. ‘This was carried, and the ayes and noes ordered thereon. So the pect on was put, ‘Is Edmund Burke, of New Hampshire, duly elected?” The House decided that he was ; ayes, 123 ; Then, ‘Is John R. Reding dul ayes, 117 ; noes, 63. And so the vote proceeded for each individual from the States of New Hampshire Georgia, twelve members 1n all ; and the ayes and noes were called on each, and ail were declared duly elected; by a vote varying from 123 to 88 in the ayes, and from 63 to 23 in the nays. Several attempts were made to adjourn during these twelve calls for the ayes and noes, which oc- noes, 68, y elected?” Yes; Philadelphia can take in this residuary clauee, i« postpon- od until after the whole ofthe fund necessary for all the purposes of the college ix taken out ofthe property. How is it possible, then,to make that a residuary devite to the city, when others are legally entitled to the whoie of the original grant tothe college? Suppose out of the reaidue of an estate, T rave $20.000 to A.B. and yet de not makea disposal of the estate itself, the $20.000, with the estate, goostothe heirs. If I first give $20,000 and ell the residue to A. B, and the first devise fails, the residue fol- lowx as a matter of course, It is not until the first object is vied out, accoriing to the Will, that th right of this residua legates arives at all And the right of Philadelphia in this residuary legacy never arises until after these specific ap propriations are carried ont nccording to the words ‘ill. My learned friend argued as though this xed fund. ‘The wonls used are “permanent fund.” Now a find may be a permanent fund in its general char- reter, and yet be increasod or diminished aceording to i tances—as in the case of this fund, according to the periodical wants of the College, This, then, is not necessarily a fixed find. The fund intended and men- tioned in this Will was never meant to be » fixed fund, be- sance the accumulating interest of it was to be called upon whenever the exigencies of the College required it— There ia no reason for saying that Mr. Girard meant this to be a fixed fund ; or to say that the Colle is to be called pon to-morrow, or at any time, to say what shall be its want this year, or what shall be ite wants next 5 hoeanse it has a standing claim on this fund for ever, ac- cording to its exigencies. The received from the Senate, with loud applause sent to the ident, who signed it aad sent it back to | propert ef internal im this vis agit rents of his real estate, w! and that if the city could execute this trust, she has a 0° La they go duary inter fue rents ai thia accumulating fund—this iro tion is not to follow the rest. All estate in the City and County of the college ; lege, which before was cnl; he says, should the mi ceive that these accounts are —-the management to be kept separat Penge there was no int to leave an residuary ‘any porpore whatever. There is socthec ey eprcet pa which may be armued, that is fatalto ther view of the cause; and it is this—that before an: Seqiaary devise is given to any object, a specific devise ee fora specific pur- pose. Now, what was the use of that, was not the intention of the testator to keep these funds from being blended together? Why did he not say, I give the residue of the remainder to the city of Philadelphia in trust, and head of that he had contemplated such a disposition of it as the oj ing counsel contend he did. But his positive ne are, that the College is to be provided for, first by the di- reet sum, and secondly by the contingent sum, before any residuary interest, to the value of one the city of am not in the the city of Philadelphia, nor am 40 competent to advise he but I may show in addition to all these points, that she ean hove no possible interest in this residuary devise at all, in any possible contingency! Andi draw your honors attention tothe provisions of the will to fshow how in case this de- vise relating to the College is held valid, the whole of this renidue of. the 27th clause, making the original grant of a square of ground of a certain numder of acres for the site of the college—I know not how many. on this meauriren an always consider the cit Judges loughed for the first tine during the cause,) one of these squares contains 4} acres of will, Mr. Girard proposes to fiil this many buildings as this square can accommodate,and there be funds to sustain, and so on. Now by turning to the 33d page of the record, you will see aot of land is purchased of Mr. W, Parker, con- sistin this site of the College is removed te this plot of 45 acres in extent. Now, the very imy that larger buildings as it will conveniently hold, provided the funds for their support hold out,” and so en according to the terms ofthe will. thus to be covered; and there isno way of Leet, provided there be funds enough. i ing the transfer is part of the will, and whilst the transfer is directed to be made, covering the site all touched, and holds good, ani must be obeyed or no part z led said square to s: going to wet over this. ‘The wording of the will is plain. And this last ai ing to the or! as though it was the original place of location And therefore many pe: have advised that the ought to be built, &c. And therefore it is that I emph cally contend that if this Will can be suc tained, it is certain that the whole fund, residue of the re- mainder, rents and all, must be devoted to the covering of this 45 acres with buildings, and to the furtherance of the interests of the school. orn'ttake private property, yet ; property, or on those who have it in their hi af deen there as it is elsewhere, the common law proo regard to debts. I allnde to this,sir,from a case *he city bonght a cons: Housatonic Railroad ; and they issued City Bond ment for the same, nue accrue city for ha’ the city government a right to raise money by taxes to cently been called on, in tlemen from Bi furniture, taken out of their houses by the all bracing eral emi Ravethe least to lone, and. will alwa of an; © jal interest city shall not exec: wilfully ofits provisions, t! and bequenth and soon, this State of Pennsylvania for vement; but adds vents are to goto the college! Now, Icont interest in the rents and profits of thie Teal «yal {he rents fama in which los Bey 9 But if she fail to ex they © es to the State ef Pennsylvania, ex: 0 on before named, which are to ye ing that a Btate of the United , ‘will per- 0 be separate and them are all biter ne honors must Oy ol. a he'part of the deviror general ‘duvine for we may ask, if it pat the matter of the Delawareavenue at the rust? That would have been his course, if e- , accrue to Philadelphia at all. 1 leave that part of the case with a single remarleI interested in this result for ras to her course to be pursued for her interest, e remainder must be disposed of. I refer to. ry Mr. Binxev.—Four acres and a half is the size. Mr. Wensten, (laughingly)—Well, then it appears that TWPLICATION. Tanuk, for such T of Philadelphia to resemble (the und, Now, by the square up ‘with as our honors, that a of forty-five acres, and by a codicil to the will tant question aries, is area to be cov: all over with “as many Most assuredly the whole 45 eae lod na For the codosil direct- the other provision in regard to over with buildings is left un- ecuted. For Mr. Girard explicitly says in that can be codocil, ‘And I devote this 43 acres for the same purpos- 8, ‘and accordiag to the same plan as I devoted caid are (4) acres) to all intents just as though I had devo- {A purpose.” Now, how sre you is to be treated in all respects accord- al provisions of the will, the same ons inthe city of Philadelp me Kind of wall with iron gate: ssfully main- Taaid, yesterday, that there was a great diffioulty ex- isting in the way of corporations such as Philadelphia, ta: ‘ing trusts, entering into contracts and making other financial get plated by their charter. cation, can the city be taxed to make it might have nent agains! trusts? Lam informed that in. Pennsylvania, whilst you ments for matters that are not contem- And it is thia : in cases of defal- i? But I pene farther,and said--suppose there's a judg. the city, what would be the effect on these H ‘ou can levy on public in that has re- rt, Connecticut,the authorities of Je amount of the stock of the “4 ayable, “with interest, Te Whole veheme of the Hailroad, it appears, fuiled ; no reve- ed ; and the holders of these bonds came on the payment, What was done? The question arose, vently arisen, “At Brid; debt that was not incurred for the Can yen di we! ay ted of city government ? It has been decided thi no right, and the holders of the bonds have selzed_on pri- themselv: And I have re- x ie city, and consulted by en who have hai ir pro} , theic bond Holders. And this will always be the seme port, governments where large votes can easily be obtained for popular pur- more ing portion of the community those who pay the least taxes and be willing to pay money ont of the city government for such purposes, and large votes can always be procured from that patriotic wart of the community who are always willing to pay the emaller portion and to enjoy the larger portion for the good of their country, and sometimes for the good of themselves—(Much laughter in court.) In conclusion, therefore, I would Yao upon the atten- tion of the Court thet there is no object more important than that the law, as it rds these charters, should be ‘end to the letter ; and that ‘hese corporations should be one and all, to the spirit as well as the letter thereof. there is nothing more dangerous ‘in its tendency, or more subversive o! ae ernment, Cane to hold or sanction any latitudina- trines of er of corporations to expend money for any purposta out of the express provisions of their charter! vate property to indemni T take leave of cause! (Great sensation !] I look for no wi from the establishment of this soheme—this experiment of an education in “* morality,” unblessed with the in- fiuences of ' It happens to man to at- ge vn by accident that which he could not achieve y continued exercise of industry and ability. And itis even of the skilful, and the man of genius, thet hy accident he will sometimes snatch a grace ond the reach of art! And I do think that if Mr. Girard iven years to the study of a mode by which he could dispose of his vast fortune so that no good could arise to the general cause of charity—no goad to the general cause of learning—and be most luctive of protrac- ed sti » bles, and difficulties in the popu- far councils of @ city, he could not so effectu- ally have ‘attained result’ as he hasfby this devise in issue before the Conrt, It is not the result of good fortunes, but of bad fortunes, which have over-ridden and cast down whatever of good might have been accom- plished by a different disposition of it. [believe that this plan—thie scheme—was unblessed in all its purporea, and in ite en plans! Unwise in ull its frame and theory; ind while it lives it will lead an annoyed ond troubled (fe, and leave an unblessed mem when it dies! If 1 could believe that this Court wot come to such a deci- and the law requires, orbelieve of my own hsd contributed in the rorull as I anticipate, and asthe weltare sonesh, pobgiserea crowning mercy of mm prefessio Mr. Webster ypoke! day for an hourand a half, and for seven hours and a half on the two preceding days.— Immediately after he concluded all the ladies rose and left the Court ina body, and it was ten minutes before order could be restored. Ecce inisin Texas.—The steam ship New York, Captain Wright, arrived last night from Galveston, bringing apers from that place to the Sd instant, and from Houston tothe Sistult. ; The Texan Congress isstill in session. Among the acts under the consideration of that body, is one for the annexation of Texas to the United States. This, the Telegraph says, passed the Houge of Representatives a short time since by an almoet umanimous vote ; but no public action has been had upon it by the Senate, although it is, known tint the Senators are, to a man, in favor of annexation. The editor infers that a secret act has been passed in relation to the subject, and corroborates what has been already disclosed regarding the eflectua- tion of the measure by a treaty. The following is a list of the paasengers who left Gal- veston on the 10th ult. in the schooner Galveston for New Orleans, supposed to be lost ;—Captain W, Ricketta; mate and three hands, names unknown ; passengers—Midship- man Bryont, formerly of the Texas Nuvy ; Mr. Degeurs, wife and‘child ; Mr. Klein, and a German fumale, nome unknown. ‘The schooner Santa Anna arrived at Galveston on the ath ult. from Corpus Christi, with despatehes to the gov- ernment from the Texas Commissioners. They were di- rected to be forwarded with the utmost haste. Although no clue was furnished to their character, a favorable con- struction wae placed upon their contents. Misunderstanding, continue to arise upon the Sabine growing out of attempts to evade the revenue laws of both countries; some had feeling has been created by the seizure by the United States revenue cutter Vigilant of a keal boat for alleged violation of our revenue laws. Feara are entertained for the #atety of Copt. Sanchez, who went out some months since to treat with the Indiane, It is feured he is murdered —New Orleans Rep. Feb, 6, From Poirt Petae, Guapatourr.—-The brig Pinto arrived at this port yesterday, from Guada- loupe, via St. Thomas, after a passage of 24 daysy