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

Corumuus, Ohio, Jan. 29, 1848. Comprehensive and Illustrated Review of the re- cent Ohio Whig State Convention. From time immemoriel, as the saying is, have the leaders and managers of the so-called whig party aimed to embark in all important elec- tion campaigns, under the excitement of a money panic. Congenial to this inherent pro- pensity, the editor of the Ohio State Journat | greeted the assembled masses of the whig party, on the cecasion of their coming up to this city, on the 19th inst.,with a leader, under the caption of “Prospects ahead—The War and its Conse- quences;” in which the so owing was adminis- tered, evidently by way of stimulus to the ardor of whig action :— ‘ “We no alarmists, but the signs of the times warn: us of danger. The history of the past, , has taught us the humiliating lesson that there ie no appeat #0 sure to reach the of the people, as thet which touches their pockets. 'e have waited with all due pa- tience for that period to arri nd it hascome Every paper from the east, the south, and the west, allude to the pressure on the money market In Atlsntlo. cities, the re of interest ravge from one and @ half to two per ceot. per month—government six per cent. stocks are below par. South and weet the are pre- ~pariog to meet tbe storm they must i shemeelves, they will do it. fe pBewat ment, exchange on jand—the ba- of Wall street—whioh » 8 ago was as low as six | vl cent., showing a large balance our favor, has now run up to eleven! id bg “In the face of all these ciroumstances—with a oer- tainty that a continuance of this war of aggression will draw down upon the country the inevitable consequen- ces of a deranged currenoy, pecuniary distress, and gov- ernmental bankruptey, the reaident, with © silly perti- nacity of the brute partizan, still demands fresh . new loans, more power! Are the people so infatuated as to follow such a leader, who eve! ts to call himself, with hypocritical humility, their ‘very obedient ser- vant? Under these ‘last words” of the leading whig organ of the State generally, and organ of the Corwin division particularly, the great whig, State convention commenced its first day’s labor. ‘There was a very great turn out. Indeed, the immense number thus brought together, from the centre to the extremes of the State, indicated at once the great interest felt in what was to be done on this occasion; an? this, not alone in regard to defeating their common political an- tagonists, the democrats, but also to defeat each the other in their ‘scheming and intriguing,” to gaia control and ascendancy within the whig party proper. Y Fortunately for the speedy despatch of busi- ness, there hadbeen already on Monday prece- ding the day fixed for the convention, as many delegates in the city, that—with the whigs in the Legislature, and the more numerous ‘“ third branch in the lobby,” and the lawyers and their clients in attendance on the Supreme Court in bank—nearly every county in the State was more or lees strongly represented in a primary meet- ing called by the State central commitiee, for the purpose of agreeing on rules, &c., to guide the action of the mass convention. The plan of organization recommended by a committee of one from each county of said pri- mary meeting, Wassimilar to that which enabled the ‘recent democratic convention to proceed with so much despatch in business, and is sim- ply as follow: fo designate one person from each congressional district to be a committee on ‘*permanent officers; also, one person from each district to serve on a committee ‘ on reso- lutions ;” to decide that ‘each county which gave a vote of 500 or less whig votes for governor in 1844, be entitled to one vote in said conven- tion ; and for every additional! 500 votes thus gi- ven, and every fraction of over 250, an additional vote; and to recommend, further, that Ist, In all questions before the convention, any member may have the right to demand a vote thereon by counties according to the above ratio ; and 2nd, When a vote shall be so demanded, the couaties shail be called, and the vote be announced by the person or persons who may have been selected for that purpose. i This apportionment gave an aggregate delegate vote of 312, to all the counties. The State central committee had also taken the necessary step to provide and make known a place of meeting, separately, of the whigs in at- tendance from cach district, to select from their own number the ratio of delegates allotted to their respective counties, previous to the open- ing of the mass convention. Accordingly, when the appointed hour arrived, “the masses convened in the State House yard, (in the rear of the capitol,) and took their stands around and upon sundry ranks of cord wood, and the small buildings there situate. Mr. Sap, of Knox, ioformed the crowd of the preparatory steps already taken, and proposed a temporary organization for the purpose of receiv- ing the report of the committee on permanent officers, when Col. John Johnson, of Miami co., was called to the chair. ‘ F The committee, through their chairman, John Reeves, (merchant of Cincinnati and brother-in- Jaw of Judge MeLean,) reported Hon. Allen Trimble, of Highland, for President. Also, one Vice President from each congressional district, (21,) and five persons as secretaries. 4 Ex Gov. Trimble, (he was Governor previous to 1830, since which time he has lived in private life and in competency,) forthwith took his seat, and in a brief speech of thanks for this honor conferred upon him, also added his earnest ap- peal that each whig might aim to out-do the other in his efforts to harmonise the action of the con- vention—that it was a characteristic of all true gs to egree in action, whatever difference of sentiments they may entertain on some ques- uns, for the sake of defeating the political ene- ray, with whom they all alike differed and on all points. The several counties were then called over by congressional districts, and as each was announc- ed, the names of the persons agreed upon in the primary meetings to cast the delegate votes of their respective counties, were read out, and recorded by the secretaries. The delegates thus selected, nominated and confirmed, then retired frora the mass convention, and repaired to the theatre room the Neil House, and organized by appointing the Hon, Jeremiah Morrow, Chairman; F. Deake, of Greene, as View President; and J. McLaughlin, £. Burke Fisher, D. H. Lyman, and P. &. K. Brotherton, as Secretaries. | P Much confusion now ensued, in consequence of mony others than duly designated delegates, having entered the theatre. Next a noisy and disorderly discussion, on various motives, suggesting the hest mode of procedure, resulted in settling nothing definitely. A manly, digni- fied, common sense eal by the chairman, showed that in this noisy effort to restore order, they were but ‘*fightiog a manof straw ”—n0 one in the house, nota delegate, being disposed to tuke any part, or to make any disturbance. This discovery being made, and the delegates themselves having come to order, the nomina- tion of a candididate for governor was proceed- ed in, with the following result—the vote being teken by counties, and given in by one of the delegates from each, viva voce : let Ballot 24. 3d, 4th, Sth, 6th, For James Collier, 71 «95 #96 «87 «68 O13 © Columbus Delano, 86 Of 96 100 99 8 “ Seabury Ford, Gt 74 86 93:13 180 “ W. P. Cutler, a | Ok ane Se “ HH. Griswold, iy 7 6 6 6 in “ J. A Ramage, 8 -—- = - “ G, Sanderson, 6 ee “ J. Ridgway, Sen, 3 6 ae “ S. Mason, s _ - =- - E. Florence, 1 oe a el a 6 286 «294 286 286 (285 The result of the sixth and last ballot haviee been declared by the chairman—on motion of E. FP. Drake, Ezq , the nomination of the Hon. Sea- bury Ford as the whig candidate, was ratified with enthusiastic acclamation. In a letter despatched tor the Herald, a day or two previous to this denouement, I said, the choice had dwindled down to between Delano and Ford; that the first was the decided and only man of the Corwin whigs; and that the lat- ‘er was supported by F.wing, and ethers of the fast friends of Clay, who, however, gave strong ous of giving up the further chances ot the * Farmer ot Ashland, and of espousing the cause of the * Hero of Buena Vista ;” and, as a fair inference, ] announced Delano as the Corwin anti-war candidate, and Ford as the war-sustai ing Taylor candidate, if not in sentiment, least from_his position, reserve; for the result shows strictly, tl sentiment he little inclined to favor Gene- ral ‘Taylor as is Delano, and even cautioned the whig party, lest in °48, they might go through their mighviest exertions with a result as fortul- tous asin 40! Andit is by h sition” alone It was well [| mad that he indicates the Taylor treng he An interchange of sentiment among the de gates, after arriving in this city, br fo the fact that Col. Collier’s recently withdrawal from being & his change of views in regard to his belief that our country and not Mexica is in the right in the present war, was unauthorized by himself or his friends, in fact, a sort of party roorback !— According! , on the eve of the convention, the Taylor whigs resolved to cast their votes for Collier ; while the “ cohorts of Tom Ewing,” as Governor Bebb called them—it was whispered in under-toned conferences—had taken fresh cour- age in behalf of their idol, in consequence of his marked reception at Washington; and had their visions of the future brightened in not knowin what might or might not happen “ere long; and they, therefore, “ redoubled their diligence” in securing the nomination of an original, a continued, and still remaining Clay man. Such an one they knew (all whigs did not know it,) was Seabury Ford. | 4 Under these positions and circumstances the balloting commenced. The figures show that Delano was the highest ou the first, equal with Collier on the second and third, and highest on the fourth ballot. A little more of unfolding of the mysteries of party-action-within-the-party willenable the reader of the Herald clearly to see the “why and wherefore” of the results of these several and the succeeding ballotings. The Clay men, it willbe seen, started witha phalanx of 61, from which not a single man swerved. Up to the fifth “preparing to vote,” they contented themselves in trying to “ gain over” to their candidate the delegates who had cast their votes for Cutler, Griswold, Mason and others. They-knew that not one of the Collier men would ‘go over” to Delano, nor to either of the others. Accordingly, at the close of the fourth ballot, they found that they had picked up, of the stray vote, 32—Collier 16, and Delano but 14. Now came the “tug of w One of the shree highest could now be nominated by receiv- ing the vote of either of the other two. Which was the most probable ’—that was the question. The Taylor whigs felt more anxiety and had a Lise interest at stake, in preventing a presi- ential nominating resolution from Lt det ed, and in securing to the congressional disiricts the selection of delegates to the whig national convention, than they had in the nomination of Col. Collier for governor; especially as they had no further assurance of his partiality for Ge- neral Tuylor, than his warm approval of the epe- rations of our army in Mexico. On the other hand, the Clay men telt exceedingly anxious to succeed in Ford’s nomination; and from the un- certainty of Mr. Clay being presented to the na- tional convention, they, teo, were interested in delaying the selection of delegates, though they were not partial to its ieee by districts. At this stage of proceeding, then, it required but little log-rolling tact to come to a, definite understanding, as between the two parties here referred to, not only in uniting their votes against the nomination of Delano, but also in resisting the intended Corwin nomination tor President, and in contending for the district election of delegates. . The reader will now understand why, on the fifth ballot, the friends of Ford gained over but one of the Delano men, while ot those who had stood up to Collier as the war sustaining whig, nineteen went over to Ford. And, again, there being still no ngmination, on the sixth ballot, all of Collier’s friends but fourteen, and taking with them fourteen of Delano’s, rallied for Ford, and secured his nomination. The nomination being effected, the delegate meeting adjourned. The mass convention had also taken a recess. On the re-assembling of the multitude in the afternoon, the delegates reported the result of their ballotings, when the nomination of Seabury Ford, as the whig standard bearer for Ohio, in the campaign of 1848, was confirmed in due form. A committee of three were appointedto wait upon the Hon. Seabury Ford, aud inform] him of his nomination. Gen. Ford (tor he is a general, or has been, in the Ohio militia, his Puritan descent and his somewhat straitened and ultra views of moral and religious duties, notwithstanding,) soon appeared, on the eee having Page e leaps h several eas re 01 ¢ the choice fell vig st wh Syene Guly prepared bah Hi: ea guage in hand,” to express tl teful feelu of hisheart. He gloried in ne a whig—a- ways was a whig—an active party whig, especi- ally from the period of the great-whig ‘ revival” in 1840—the whig party needed another revival, but care should be taken that its benefit may not again B into the hands of others, through the whig folly of choosing leaders of uncertain whig een He regretted the existence of the exican war—hoped that Congress would take such action as would lead to a speedy termina- tion of it. He felt mor.ified and grieved at the causes which had hitherto prevented the elec- tion of the great statesman, Henry Clay. He, however, could and would, if so it was deemed best by the voice of the whig party, support any other man on whom that voice might fall. It may be remarked that his speech was cer- tainly not as ingenuous as one could wish to come from a candidate for the high office of Governor of this great State. But, hereatter, no doubt, he wiil give his views more full and more explicit. On that occasion, his great aim, and, in fact, his duty as a chosen leader of the whig party, was, to reconcile to him the two divisions that opposed hisselection. On motion of J. G. Gest, of Greene, (a zeal- ous Corwin and anti-war man, Aha prosecu- ting attorney of his county, and an aspirant tor high politieal fame,) it was resolved that the several candidates whose names had been con- sidered by the delegates, be requested to ad- dress the convention. , Mr. G. accompanied his motion with a few remarks, hinting at the ‘avoiding responsibility course ”’ of some men, and he wished the whigs present to hear some whole souled whig speeches! And he then introduced Honorable Columbus Delano, who addressed the convention ina strain of fine eloquence. He despised anything like mincing in politics—he was opposed to the war, and had called ita “damnable war,” and such itis. When the bill, containing the falsehood that the ‘war exists by the act of Mexico,” was before Congress, he voted against it; and if the unanimous voice of the people of Ohio was to offer to make him fovgmor, he would not vote for so great a falsehood—he loved truth too well to do it; and he would spurn the offer of that high position or anything else, to tempt him to it. It is aa infamous war—carried on for infa- mous purposes—and the first supply of men and money, is based on an infamous falsehood. It is but just to say, that Mr. Delano evidently spoke under a sei that his opposition to the war, and his partiality to Mr. Corwin, tended to deteat his nomination for governor; and that— as is the case with men generally, the more one is persecuted for a course to which one is committed, the more zealously will one adhere to it—conviction of error saceptad, of course— now, he wished to a; pear, asthe boys say, “I don’t care if you do; and, hence, his eech re- ceived but little cheering response from the crowd. | ¢ Mr. Griswold, of Stark, who received the votes of ten delegates on the first ballot, of seven on the second, and of the six Stark county dele- gates all the remaining ballotings, was called upon, and made a short speech. Mr. G.,it may be remarked here, was brought out as a candidate on a different question from those spoken of above, namely, on the local question of banks and currency. He .is the champion of the bank whigs, in opposition to the hard money doctrine of the democrats, from the latter otf whom he has received a full share of the most exquisite locofoco abuse, in regard to his connection with the old exploded Bin. ton Bank. His briet remarks were directed to an exposition of vantage ground of the whigs on the currency question—it had secured them the State at the late election, and would do it jain. In his section the hard money principle did’nt take, and if the whigs act prudently in the coming compaign, in regard to other issues, the curreney question would save the party again. On this point he took pleasure in endorsing the veteran Whig whose name was this day present- ed to the people of Ohio, for their suffrage as the next governor of the Stat Here closed the first day’s proceedings, and the convention ad; journed to Thursday morning. _ The business of the first day, in open conven- tion, waslimited to nominating a candidate for governor; but, it must be remembered that at the primary meeting a committee on resolutions was appointed, which committee, it may well be supposed, was not idle dui na the day, nor the preceding and succeeding nights neither! Pre- vious to the successful balloting, it was conce- ded by many of the whigs that no set of resolu- tions yet presented in committee, could receive the spprobation of exceeding one third of the committee. After the nomination of Mr. through the combined vote of Clay men Taylor @m the nominating comm delegates representing these two e The Mahe Ba PSE Ford, id the resolutions on the war question chime with the sentiments of Mr. Clay on that subject ; the se- cond did not care much what was said, or how it was said, on the origin and object of the war, so that they got the chance to bring the selection of delegates to the presidential convention be- fore the people in the several congressional dis- tricts ; and both were opposed to recommending Thomas Corwin as the pola of the whig party of Ohio, for President. While this latter point wasthe chief object of regard of the remaining portion of the committee. L, On Thursday morning, the mass convention again assembled in the State House yard, Gov. timble presiding; when the committee on re- solutions, through their chairman, Gen. James T,; Worthington, of Madison, reported a series of twenty-one resolutions, which were read by L. D. Campbell, of Butler. * . The first and second, hail the distribution of powers between the legislative, executive, and indicia departments o} goyeraments as the plat- form of our liberties; and deprecate the frequent executive usurpations of power, as tending to the national downfall. pos a ee The third and fourth (in imitation of Mr. Clay) regards the war as the President’s owa— his act, and for his purposes only—and com- menced by him by the assumption of power not vestedin him by the constitution. The fifth quotes, and coincides with John C. Calhoun’s specific reasons for opposing the war. The sixth is as follows:— “Resolved, That we deprec: Sappemy, oppose the forcible acquisition of Mexican territory; but if additional territory be forced upon us, or acquired by the nation, we will demand that there shall neither be slavery nor involuntary servitude th in_ otherwise than for the punishment of crime.” The seventh deprecates our attempt to dismem- ber a neighboring republic, as more iniquitous than the partition of Poland by the European monarchies. : The eighth repeats, in the language of Mr. Clay, that believing the war to have been com- menced ‘by the act of the President, in con- tempt of constitutional restraints, and the obli- gations ot national honor, it is the duty of Con- gress, as the guardians of the rights and honor of the people, to bring the war mectsle toa close by the application of the most eflicient constitutional meuns.”” ‘The ninth is in the words following :— Resolved, That Ohio has reason to be proud of her Senator in Congress, Thomes Corwin. Her people have watched his progress with jealous affection. They re- ognize in him the gifted orator and the reliable states- man. To him they have entrusted their interests and their honor, and they emphatically accord to him, in all his relations, but more especially in the fearless stand he has taken in the Senate of the United States on the Mexican war, their heartfelt approval. The tenth approves of the views on the present position of the country submitted a Clay and Gallatin, and closes by saying:—‘* Where such men lead, notrue friend of our republican insti- tutions need fear to follow.” The. eleventh compliments the prowess and victories of our troops in Mexico, as giving abundant proof that our soil will always be suc- cesstully defended; and approves of the course of the whigs in Congress in increasing the sol- diers’ pay, and furnishing them with lands to pursue the peaceful pursuit of agriculture. The twelfth is as follows :— Resolved, that we have abiding faith in, and will con- tinue to support with undiminished ze8], the great pri ciples of the whig party, avowed in former contests — Protection fo Amer cnn industry—a sound and uniform currency—intern: |mprovemel ition to the sub-treasury scheme—and unrelen: Leger tay to Executive usurpations. The thirteenth hails asa harbinger of justice tothe great West, the recent vote of the House of resentatives in Congress, by which they repddiated the constitutional hair splitting of the veto of the river and harbor bill. The fourteenth declares in favor of a whig na- tional convention ; and pledges the electoral vote of the State to any true whig, who may be pre- sented as its nominee for the Presidency. The fifteenth recommendsto the whigs of oth- er States, a whig national convention, to be held at Cincinnati on the 4th day of July next. war of conquest, and NEW YORK, MONDAY MORNING, FEBRUARY 7, 1848. 1, The ratification of the nomination of this conven- tion of the whig candidate for governor. 2. An expression of an opinion of the whig people as to their preference of a candidate for the presidency. 3. The appointment of one delegate toa Stateconven- tion for every 500 whig votes which the county gave in the Presidential election of 1844, and a delegate for every fraction of 250 or more whig votes. 4. A thorough and efficient organization of the vile party of the county, for the purpose of making sti more brillisnt the victory which awaits our glorious cause. Resolved further, That a whig State convention of tes chosen by the people, shall be held in this city, on the third Wednesday of April next, to bring together, and proclaim to the whigs of the Union, the sentiments of our people, thus ascertained, and to take such action in relation to the appointment of delegates to » national convention, and the selection of electors of president, ‘and vice president, a8 it may deem proper— the appoint= ment of » State central committee, and such other busi- Ress as may tend to secure the guocess of whig principles. The offer of this substitute, coming from a well known zealous Corwin man, raised a ver frets; though as afterwards admitted on all hands, an unnecessary excitement. Fora time, all pretension to order and decorum was thrown aside, and the confusion was Ga finally arrest- ed by the withdrawal of the offered substitute by the mover, who was so mortified at the con- duct of his whig brethren, as to withdraw from the convention. : Subsequent explanation showed that it was principally the Clay portion of the convention who made the fuss about this substitute. In- deed, anumber of the Taylor men were heard to express themselves satisfied with it, and said, thathad it been proposed in the first instance they wonld have consented to its adoption; any way which would give them achance to come before the people with their man, was their motto. After Mr. Campbell had withdrawn his substi- tute, the resolutions as reperted,were adopted. The business of the convention being finished, the crowd dispersed without a formal adjourn- ment, amidst cheering which ‘‘made the welkin ring,” interspersed with cries of ‘for Tom Cor- win” in one direction, ‘for old Rough and Ready” in another, and here and there “for the noble Harry Clay,” while anon a voice or two chimed in, “for Gov. Ford” —“for Delano” —‘‘for shown by the notarial records of Francisco Broutin,then @ notary public in the olty of New Orleans, aud whose records are now in my possession, and which record: show, that in making the proof required by law, previous to marriage, the important requisite of the usus! putii- cation of banns, which would have detected the said De Grange, who was about to commit the crime of biga- my, was dispersed with, and the marriage encurd. Not long after this marriage, Mins De Carriere dis- covered that the aaid De bry od wase married man at the time he married her, and that his fret wite wes liv- fog : which first marriage took place in the city of New Yerk in the year 1790, an authentio certificate of which ma . given by the Catholic priest who celebrated the nuptiais, and which is dated in 1806, is aleo now in my jon, but which, unfortunately, is not of record. in the present euit, for it was discovered too late to in- troduce—this defect, however, is amply cured by the abundance of proof of said marriage, which wil! be found of record. De Grange, having been prosecuted for bigamy, con- demned and thrown into prison; from which, however, he esouped, and was never again heard of in Louisiana ; and, the fact of his first marriage haviug been clearly roved, Clark went to Philadelphia with the ssid Miss e Carriere in 1803, where be married her secretly, there being no legal impediment in the way, as her frst mar- riage was null and void, 0b init motives which infinenoed Clark to resort toa se- cret marriage, are accounted for by several of the wit- nesses, who knew him and hin character wall : none, however, need be assigned or sought after ; they are not necessary to the success of the present claimant ; the pee this secret (rete is ample ; and from the es- biishment of which, aside from all conjectures as to motives, will result the triumph of Mrs. Gaines, who proves to be the only legitimate offspring of the said marriage. The secret of this private marriage was rigidly kept by the parties themeeives, ‘aa, well as by the witnesses who were present at the celebration. The parties re- turned to New Orleans, and, in 1606 or 1506, the claim- ant, Mrs. Gaines, was born in the house of Pierre Baron Bolafontaine, one of the important witnesses in this case. Preparations were made for her birth by Clark, who when she was but eight days old, placed her with Sam’ B. Davis and wife, to be raised—acknowledging to them then, and at all times after, up tothe day of his death, that shi child, and provided for her accordingly. Mr. and Mrs. Davis also kept the seoret. “The childgrew into womanhood, believing herself to be the daughter of her protector: ti twenty-three or four years had passed a » whe accidentally discovered « letter to Mr. Davis, which developed her real porentage and condition; soon after which, she marricd a Mr. Whitney, of New York, and, for the purpose cf looking Collier’’—and in this manner, the masses of the patriotic and zealous buckeye whigs moved out ofthe State House yard. As the crowd thinned off there was seen here and there groups of two, four, or halt a dozen, téte-d-téte, discussing in low tones, yet with evident earnestness, some of the incidents of the convention. These were those who assume to lead. | As a closing remark, | will add my opinion as a disinterested, and [ trust, impartial observer, that in respect to the nomination for governor, I think there 1s general satisfaction in the whig party—unless it be with that portion (quite small) who are sensitive about supporting in an manner, the doctrines of abolitionism, wit! which, itis said, the whig nominee has hereto- fore shown sympathy of feeling. But as respects the action of the convention in reference to a presidential candidate, there remains much di- vision of feeling—of which, more in the sequel. Western Scoring. [From the New Orleans Delta | New Orueans, Jan. 27, 1848 GentLemeN—As not one of the notices taken by the public press, of the recent decision of the Gaines case, which I have seen, puts this decision in its true light, ‘and as@ very large number of individuals, both in this and some of the other States, are deeply interested in the fiaal result of Mrs. Gaines’ claims; and, as much of my time is taken up in giving explanations to those who call upon me for information, | have thought it best to request that you would publish the whole of the short brief which I had the honor to furnish the Supreme Court of the United States, and the counsel of Mrs. Gaines, who argued the case at Washington. Many of those who have read this brief, or rather, con- densation of the very voluminous record of the Patterson case, have been kind enough to say that tl ublication of it would, in their opinion, be the best mode of putting public generally in possession of th> facts it contains, and of which every reader would be to judge for himself—and | think ti ary, inasmuch as even here, where ted, and where the record is to be found, taken of the z The, sixteenth dei pappent State rev nue law as among the salutary effects felt by ee of the people, from a whig state Legis- ature. The seventeenth expresses thanketo the whi, cute central committee for their labor ‘and zeal. The eighteenth appoints Joseph Ridgway, sen., and eleven others, a central committee for the ensuing canvass. - The nineteenth appoints Joseph Vance and John Sloan, delegates for the State at large, to the whig national convention; and that Joseph H Crane and Joseph Barker Be their alternates. The twentieth recommends the whigs of each congressional district, at an early day, to meet and select delegates to the proposed whig na- tional convention.. The twenty-first declares that the delegates to the national convention be, authorised to elect two electors for the State at large; and that the whigs of the several congressionaldistricts meet soon after said convention shall nominate Presi- dential candidates, and choose its elector, and report to the State central comm Such were the resolutions which, in commit- tee, received the sanction of 21 delegates, repre- senting in nearly equal portions the three divi- sions of the mass convention, as already illus- trated. In the aggregate, they are the result of much labor and discussion, and almost every sentence springs from mutual concession and compromise. A portion of the committ:e claim- eda saad and expressive resolution of the con- tinued and increased confidence and esteem of that noble whig—Henry Clay: to them was cenceded that hitched to the name of “Gallatin,” all true Republicans may safely follow “ where such menlead.” Another portion pointed to their instructions from their several county meetings, aad cl: da declaration that Hon. Thomas Corwin was the first choice of the whigs of ° Ohio for president: to them was conceded the | 9th resolution, though it was a “ bitter pill” to @ portion of the committee, and was long dis- cussed before it was ‘‘compromised” by other satisfactory coacessions. One other portion of the committee desired a highly complimentary declaration in honor of the “ always-victorious”’ commander of a division of our army in Mexi- co—Gen. Zack. Taylor; not that they wanted any thing said about making him President— that they would leave to the people—but they thought something was due “ Old Rough and Ready” at the hands of this whig mass conven tion: to them was conceded the sentiment in the 11th resolution, though a majority of the com- mittee refused all propositions of “compromise” {o permit the mention of Gen. Taylor’s name. ‘The “ Taylor men’? on the committee, however, cared more for the adoption of the 20:h resolu- tion than any thing else, besides that no nomina- tion should be made by this convention. An effort was made when the fourteenth reso- lution was under consideration, to insert the names of “Clay, McLean, Corwin and Taylor,” so as to pledge the whigs of Ohio to either of them if nominated by the national convention. And this was at one time informally agreed to, but before it was placed on record and confirmed, tar@i er discussion led to its omission. Aithough the committee were agreed unani- mously, to report the resolutions as they read, yetas a whole, they were not satisfactory to any one portion of the members of the committee And from the time of ‘the rising of the commit- tee, and the meeting of the mass convention on the morning of Thursday, the Corwin men were so much disappointed in their almost certain calculation of getting a nominating resolution passed fortheir man, as to conclude to “never ive it up so,” and to devise a plan of trying their uck another time. Accordingly, pending the motion to adopt the report of the committee, L. D. Campbell, Esq., of Butler, moved a division of the resol: » 80 that the vote be taken on allexcept the last four of the series, which was agreed, and the resolutions to the seventeenth, inclusive, were adopted. e Mr. Campbell then offered as a substitute for the remaining resolutions, which nominated a central committee, appointed senatorial dele gates, and pointed out the manner of forming an electoral ticket, the following :~(The senti- ments of the proflered substitute coming from the “Corwin” men, is so materia! in forming a correct view of the current which moved the action of the convention, and a correct view of this convention being important to politicians everywhere, | give them in full.) Resolved, That as it seems pot to have been considered by the whig pare, in very meny counties, that this con- vention would act on presidential question, eitber by the appointment of delegates or electors, or other- .) ; and as the whig party of Ohio feels the import- ance of ita relation to the great national whig family at this time, we will not act on that moi eation, Tully, frnmnly and foaclesly (aa they wily thet : opuuiens an (as the; their in relation te It, z the whigs of the several sonreation, semanas Phaew aes rave case has correct inthe most im} \t facts, and which facts I will take the reaponslbllty ef stating inas words as 5 Suits Drought by Mrs. Gain: egsinst some to one hundred persons holding Property in this which has, as she alleges, and as abe coved ai continue to prove, been illegally dispored of by the pretended executors of her father, the late Dantel Most of these defendants entered demurrers to her bill, which demurrers were sustained in ty the Cireuit Court here, and from which opinion Mrs. ‘aines appealed to the Supreme Court of the United States, and, after long delays and great exertions on thi these demurrers sustaine: was reversed, demur- rers overruled, and the defendants ordered to answer to the meritaot the cause. So far, 50 |. Meantime, one of the defendants, Charles Patterson, came forward with the laudal w of having the claim of plaintiff settled at once u; merits—and, to thie end, answered to the merits. The testimony produced in the case had been taken with great ca nd shows that all the witnesses were thoroughly cross-examined by the sel employed by the numerous defendant The case was fully and ably argued here on the part of defendant; but it ‘was made eut so clear, judgment was given in favor of plaintiff, from which defendant yet it is constantly said in the pspers that the judgment be- low was against plaintiff is not the fact; nor is it correct, as stated in the article om this subject which ap- perred in your paper uf the 25th inst , that the testimony upon which this decision was given had been rejected in other cases, for no other of plaintiff's cases has, up to this hour, been tried or decided. | have been thus parti- cular in my explanation of this bu: because | see an evident determination on the part of defendants or their friends to long A the unfounded prejudices with which Mrs Gaines had for so many years to con- tendin this community. It is unfair, may upgene- rous, to attempt to keep them alive highest tribunal known to the laws of the country have decided that one of q been definitively decided in the legitimate and forced heir of to of his es- sig inet lent of what may come out of, or be the result of, claim under the will of 1813; and that, if these numerous defendants who, with the positive evi- denoa of these results staring them in the face, still persist in detending the uit, and trying by publtoatios | and conversations, to make light ot what been complished, they will, ere long, find to cost, that there are independent, impartial and honorable judicial tribunals in our country, where prejudice and ridicule will meet @ proper response. ‘The pointe settied in the late ddoision are those to be found under the third, fourth, avd first paragraph of the five points or heads in my brief. It is also proper | should state that | did not come into this particular case as one of the counsel of Mrs. Gaines, until afver the decision Cirouit Court; it was ably and succ-sefally oon- duoted by the several counsel first lore 4 her. ‘M. CHRISTY. BRIEF OR ARGUMENT OF WILLIAM CHRISTY, Atforney of the Appellee, in the case of Patterson os. Goines, on Appeal to the Supreme Court of ¢ United States, from the Ninth Circuit Court. he novelty ofthis case, (for there never has been one like ifn alt Tespeota reported.) together with the great a Property involved and depending u final jesue of the question, have vento its kind of ro- mantic character, interest and notoriety, far beyond ordinary suits, aud far beyond what it deserves, for, in reality, the questions to be decided, rest upon the natu- ral ini ion of laws, well known and well under- stood by all well-informed ional gentlemen: and such willthe Court find the facts to be after a patient exam) Of the unnecessarily voluminovs record vhich the case presents, for nearly one-halfof the 467 fa Dages it contains, are repetitions, or are entirely irrelevant ; this arose from the ciroumstan: record of a inthe Court of Probates hav been introduced on the trial below, and which th cers of the Court would not separate or certify in part. For the sake of convenience, | shall preeent my brief or argument, and reference to authorities, under separate and distinct heads: previous to which, however, | or the indulgence of the Court, whilst | endeavor, as oinotly as possible, to gi toh or history of the case, which may prove beneficial in the examination of the record The late Daniel Clark, an Irishman by birth, anda wan of edueation, of extraordinary talents and great Pride of character, settled in New Orleans about the year 1789, a8 8 merchant; his efforts were crowned with saccess, and years he acquired » large fortune, and i his geutlemanly manners and liberality, drew sround him many of the then most respectable citizens of the country,who became his enthnaiastic personal friends end admirers. It is weil known that the standard of morality in Loui- sian Was not, at so early a period of its history, what it now is, avd that the manners and custome of its inbabi- ‘ante differed widely from those of the other States of the Uv lon generally, and that one of the prominent dif- ferences was that of the latitude given to the married, as weil es to the unmarried men, in their intercourse with the other sox Mr Clark did, no doubt, like m: others equally a reepectable as himself, take advat of the times, cir cumstances, and manners of the country in this particu: lar; and in tofs state of thiogs, and between the years ited with and enamored into her legal and birth’ rights, proceeded to New Or- leans: by way of the Island of Cubs, where Joseph ville Degoutin Bellechasse, another important witnessin u d, and from whom she learned that her in 1813; that his will of 1811 had been |, proved and probated, by which he had left his tate to his mother, and appointed Richard Reif and Beverly Chew his Executors, She also learned from several of the old friends of her father, from her mother, inities, Would indeed be lamentable; but! know thes tis Unneorgsary to urge n prineiple of evidence 40 wail 1 t ertablishad as] the one co jet for, upon fo enlight- eved atribumal aa that of the Supreme Court of tho United States; { will, therefo turn my attention to the proofs of record to be applied under the principts established. At p. 212, of the printed record, tho testimony of Mad. Benguerel (unimpeached) proves the acknowledgment of De Grange,in New Orleans, that hs was @ married man at the time he married Miss Deo Carriere, and hed aban- doned his fret wife; and tue mame wituess testi‘ies that she kuew thessid fiest wife in New Orleans, after the recoond marriage, which shows that she wa» aliveat the time it took piace; and that the said tiest wife brought with her proofs of her marriage ; consequently the said second marriage was nul! and volt, ab in ee also the testimony of Madame Denpan, p. 163, who the dostructiou of tie registry of marriage i To put ail doubts as to th» cocrectne mony at rest, sea at page 206, the certi mutilated record of a suit of Zulime De Jerome De Grange, brought in the late City the Territory of Orleans, for bigamy, and b Jose of part of the record in thie case, parol t of the first marriage would not have to be rea bat what can bo more conclusive in the way of proofot any fact, not of record, than that which has been ad- duced in this instance? ‘Here is a beginoing of proof in writing, (the record of tha sult) condrmed und most fully carried out by the ackoowledgment of De Grange himeelf, voluntazily made,which acknowledgment aione, under the decisicns herein before referred to, is amply sufficient to prove the marrizge; it will be seen, too, that under thera decisions, it is not necessary to pursue the uaval course of showing (he loss of the written evidence, even if it were clear that the laws of New York or of Louisiana required that record evidence of marriages should be kept, aud that mo other proof of the celebra- uld be given on trials of thin kind atablishment of this first aud important point, opens a wide door for the admirsion of all the others, the truth whereof will seem to follow, step by step, alioat 5a matter of course. I will hasten therefore to the Proofs and Arguments to astablish the Second Point ‘This point can be disposed of in a very summary man- ner; the proof of the marriage of claimant's mother to De Grange in New Orleana, would seem to devolve upon the defendant in the case below; but there being no doubt about the fact, it is proper to admit (as the testi- mony of several of the witnesses goes to show) that this marriage did take place, in good faith on the part of Misa De Carriere, in the city of New Orleans, about the year 1794; otherwise it would not have been necessary for her to bring snit as she did against the name of De Grange, in the year 1806. Indeed, this suit was not ne- coasary, as ail she had to do was to obtain the proof of his first marriage; this done, her marriage became null ‘and void, cb initio, no far as she was concerned. To establish the second ground of this point, to wit that the firat wile of De Grange was living when he mar- ried the second, nee the testimony of Madame Beuguerel, to be found at /p. 212 of tho record, and alreatly com- mented upon ; it isclear and explicit, and will enable and others, what has been*related, touching the mar- riages, So. and that her father had made and exeouted another clographic will, a few weeks before his death in 1813, by which be bad acknowledged her to be his legitimate obild, and constituted her his universal heir ¢; had revoked the will of 1911, and appoint- eooutors than Relf and Chew; that the suid 4 been lost or destroyed; and that the execu- the will of 1811, had taken possession of her tate, and grossly mismanaged it; all which cir- cumstances have led to the present suit. ‘The mother of Mrs, Gaines becoming dissatistied with Mr. Clark’s conduct towards her, (see testimony.) re paired to Philadelphia, and there, in the year 1807 or 1808, married a Mr. Gardette, under the impression, cro- ated by the interference of interested persons, that her marriage with Mr. Clark was not valid. ‘Thus, we Gnd the novel occurrence of a lady having three husvands living at the same time, one only of whom was, in real- ity, her lawful spouse; andthe case presents a still more novel fact, which has been clearly proved by many highly credible witnesses, the correctness of whose tes- timony is placed beyond all possible doubt, by a com- bination of circumstances, in themselves irresistible, of this lady having acted in good faith in every instance of marriage. Lam now brought to the division and classification of the subject, and herein I propose to show an to extab- sh— First—The marriage of Jerome De Grange to a lady in New York, about the year 1790. Seoond—His marriaze to Misa D. year 1794 and living at the time of bis second marriage. ‘Third—That the late Daniel Clark was legally married tothe said Miss Da Carriere in the city of Philadelphia, in the year 1903 and that the present claimant is the only legitimate offspring of this marriage, and coure- quently, the forced helr of the deceased. Fourth— That ahe, the sald Mra. Gaines, as forced hols, imheri r said father, even if he endeavored te 0 by the will of 1311,the validity of which is not, how- ever, admitted. Fifth—That he, the said Daniel Clark, did make his last will a very short time before his death. in the year 1813, by which he acknowledged the said Mra Gaines to be his only legitimate child, and by which he left her his whole fortune, (with the exception of s few | aod an annuity to his mother for o> and constituted her his universal heir and legates, an hich he revoked the will of 1811, which hes been probated; all which be bad a right to do, under the then existing laws of the territory of Ori WSixth—That ns. said last will of 1913 was lost or wan- tonly destroyed, and an old one of 1811 subsituted in its pl by which the mother of the testator was ac- know! as his heir, and under which Richard Reif and Beverly Chew, as executors, took possession of his estate, which they haye grossly minmanuged; the greater partof which they have disposed of contrary to even under the will of 1811, and no part of wikich they have ever properly accounted for to any one, or to the proper lege triounal, Seventh—Thet the existence, contents, and deatruc- tion or loss of said will of 1913, being watablizhed, the probate thereof must necessarily be dispensed with, its validity acknowledged, and its requisites put into full effeot and operation, to the total auaibilation or exctu- sion of everything whiol has been done under the will of, 1811, and the present claimant ackaowledzed as the only rightful heir of the said Daniel Clark. Eighth—That ifa doubt should exist asto the mar- riage of Clark, yet the will of 1813, viewed as a will ores a private writing, legitimatised the claimant, under the! Spanish laws, which were in force in Louisiana at tho time of its execution. I wish it to be distinctly understood, that in treating this case, | sball confine myseif to th a and decisions which | am satisfied govern it, and i i lent 18 ¢ in favor ant, which will be found to exist fn point which can possibly be course of the investigation ‘arriere in New Or- t his first wife was because I know that several of the eounsal engage me will, by their arguments, do much more justice to the equity side of important question, than | am capa- Die of doing. w por lish the ree on teatizhon: confession of De Grange, be admitted to prove This They can. The geue- ral rule of evidence, which requires that the best which the nature of the case admits of, must be produced, would, on the first blush of the case, seem to require f this marriage; but it will ibe seen given way under numerous de- cisions, in cases like the present, and for t) of all possible reasons. In many States of the Union, records of the celebration of marrieges are not required by law to be kept. But suppose the contrary to be the law, still the osse inqnestion does not, under the de: of the highest State tribunals, require written evid: of mar. riage; and in support of this position, | will first cite the laws and decisions in Louisiana,as bearing more directly upon this case than those of any other State. Article 107 of the amended code of Louisiana, requires that “the marriage must be celebrated in the presence of three witnesses of full ege, ond an act mnst be made of the per sn the er who celebrates the marriage, by the and by the witnesses. These requisites would apcese to be imperative, poe would exclude | ig bo oy) od ara ‘end yet Say ‘ow 6 State has decided that “The Loulslana Code doce uot declare null a marriege, not prece by a license, aad not evidenced by an Act signed by « certain number of witnesses and the jes. Nor does it make such an Act exclusive evidence of » marrisge. These Jays rel: ting to forms and ceremonies are directory to those alo: who are authorized to celebrate marringes ”” Mi 8 may be proved by any species of evidence not prohibited by law, which does net pre-suppore « higher species of evidence in the power of the party. Cohabitation as man and wife furnishes presumptive evidence of » preceding marringe.’’—|6 Louisiana re- porte, p 463 J The Judge who delivered this opinion, uses this strong language, * Marriage is regarded by our law in no other light than as actvil contract, highly favored, and depend- iog essentially on the free consent of the parties, oapa- bie, by law, of contractin And, if it were otherwise, inevitsble difficulties would arise, and, in many instances, decisions of illegitimacy of the offspring of marriages, in good faith and by oon- sont of all parties and triends, would follow ; for, to my pereonal knowledge, many marriages, pe: fectiy good n.- der the decision above referred to, would not be good if admiseal }o prove them ; be: clergy who celebrated warrin, yeurs alter the passage and ex- istence of the code, made the necessary record of the celebration ; indeed, [ have m:; known one justacee in which to doso, although he celebrated the marriags ; suppose, then, that this very merriage, at which | was present, Should be disputed, the only evidence that con!d be ad- duced, would be parol Seo also, 10 Martin’s Reports,p 415 and 4 do, p 471, in both ‘s pa cases, the same doctrine is mainteiaed settled. also, 4 Johnson's Reports, p. 62, wherein it Is de- cided that “an actual marrisge may be inferred ia or- dinary osser, from co-habitation, acknowledgment of the parties, &o. No formal solemnization is requisite.” See also 18 Johneon, p 346, confirmatory: 10 Hust, p. 281, Anthony's Nisi Prisis, p. 193,193, N =A.” | Many other decisions conficwatory cf those cited might be added, and stro ‘guments adduced in sup- port of them, auch as the absolute neoessity of admit- ting parol testimony and the acknowiedgment of ti i het | the clergyman who officiated, actually refured | the court to bo satisfied as to the existence of the said firat wife. Prvofe and Arguments to establish the Third Point. ‘This marriage is ao clearly established by the evidence of record, that I shall do but little moro than to refer to it. ‘The testimony of Madame Despau, to be found at Pp 163, shows that she was p.srent at the celebration, that she afterwards went io PhiladelpLia to obtain proof of it, and was unable to do 60, as the priest who ofilcia- ted had left the country, and the records could not be found; and that Clark avknowledged the marriags to her, aud told her that he had {oformed Colove! 8, B. Da- vis, Mr. Daniel WW, Coxe, and Mr. Kichard Rolf, of his marriage. Add to this positive, uuimpeached aad un- contradicted testimony, the fact of Clurk’s repented o- knowleagment to her aud to mary others. of the claim- ant ae being his child, and the moat skeptical could not find @ pretext upon which to hangs doubt, as to this marriage : the same witness was prereut at the hirth of claimant in 1906, aud knows iver to bo che sume person Bui, to make assurance doudly sure, | refer purticulariy to the testimony of Pi acon Boisfotaine, in whese house the eaid child ss born, to by feuud atp 119; Ciatk not only ackaowledged the marriage to him, but also acknowledged (he chud, provided for ner, and sold that he nbould acknowledge her in his will The same acknowledgment was made to Madame Smith; see her tentimouy st p. 123. ‘The fact of Clark's marriage being thus established beyond # doub:, | will now show thw legal effect of it touching the rights of ciaiman See Civil Code of 1905, page 44 Title of Father and Child, Article 7, w Lhe law couniders the husband of the mother as the fatuer of ail children con- ceived during the 1uarriego. ‘The law admits neither the wxeeption of the wifo's adult ation of the oi tency. miiuencing at Article 197, bas the same provision. (egtimony generally, showing that there was child bora of this marriage. Proofs and arguments to estub ish (he Fourth Point The Civil Code of 1898, in torce at the time of Clark's death, cbapter 3d, Seo. 1, Art. 19, page 212, deciaren— t donations, either inter-vivos Gr mortis caura, can- no; exceed the fith part of the property of the dispor-r, if ho leaves, at his decease, one or more legitimate chil- dren, or descendants bora, or to be born.” This law needs no comment ; it has been reongnized by many do- cisions of the Supreme Court of Louisiana, But it may possibly be aeked, what will become of the comum rights of the mother, if the marriage to Clark be Mashed? Ifso.1 would pficient for the day in the evil thereof ; th or claim has been up an the presext cas ali be fully prep shown that sbo r hes assigned or dispe eat manity was actuaily insolvont, anc th property in question beloaged to Clark Tiage, and conrequently does not cuter i menis tv establish the Fis: loss or dostr conclusive, at showa tion the ata loss to decide upon the record, that i am tral manner io which | shail call the otteation of the to it, by any species of argument by way of explan which would not have tne uppeararce of supereroga- tion; nor is the proof of its comteuts much less abun- dant; butas | know that the claimant frrls » deep inter- est in the establishment of these trots, | must crave the indulgence of the Court, whilst I comment at upon the testimony to be relied upon; but | wivh it to be dis- tinctly understood tiat, in doing 90, | shail not lose sigut of the uncontroverted principle of law, laid down in the fourth point, that the claimaut muet recover four-fifths of the estate, even if the will of 1813 should not be sat- isfactorily established I set cut, thenjwith the assertion, that there is no ex- eeption which takes wills out of the generai rale of evi- dence governing (he proof of the contvals of lost deeds or written instruments—on the couteary, it hes buen laid down in Starkie, that the contents of a will have heen guifered to be proven, becauss tho original, being in the Court of Che: ry, could not be proeur Threo distinct kinds of wills may be exe the laws of Louisiana, as they existed tn i813 they now exist; one of which is called an olographic will or testament, “ which is made aad written hy tho testator himseit, without the presence of any witness: it may be either open or sealed; bus when it is sealed, 1 needs no other superscription than this, or words ¢ alent: ‘This is my olographic will or codicil’ wuich wupersoription must be signed by the testator.”’—Civil Code of 1403, p 230, ext. 103 “Am ologeaphic testament or codicil shali not be va- lid unless tt bo entirely written, signed and dated wilh the Testator’s hand.’’—15, The will in question was one of thin dessription, clothed with all the minutis of form pointed out by thi law ; to prove this beyond a doubé, I resort to tho eyi- den testimosy of Madame Smith, on this point, will be found at p 130; abe wus very intimately acquainted with Me. Clark ; sao suckled the claimant, a now yy ‘him tobe his only chid, snd who was to inherit his fortune; Mr. Clark explained toher why he made the witl of 1911; he had tben provided fur bis transfor of property ; other wit- to wit :— poutla Bel Taree, conten this important nine utin Bel confiem this importans fact, In the Seer 1913, Mr. Clark tid wituess that he hal determia- ed to protect the interest of his child, by exe ther wiil, in whieh he intended to acxnowtedg his logitimate child; hs did execute the inteuted will, and brought it to the house of witness, four weeks be! his death—she read it, and weil remembers its co The will was dated ia July, 1913, was an ologra one, written and signed by toe ledged by him, aud in it ke declared the claiman his only legitimate child, and constituted her hi versal neir and le b the will twenty-four hours, read it wish great care, ant remembers its contenia perfectly. ‘Ihe maaner Clark, when h i romented tha will to wit ly such as one conse could put on or aseume; his whole versation, on his last visit to witn t <1 aistible, aud, when takon in coun other witnes#en, must be considered as being ent unbounded credit, ‘The next witness, whose testimony most noxriy ase. milates iteeif to that of Mire, siaith, 19 tha: of Joseph Dew ile Degoutin Beilrob and at p 147. Clack Kkuowledged to bi t conveyed property contiver and hen made tie harty wal Ff vstL a though obi eo nd , aS the time this mpd gh > g be asked, did he change t he thought the igt-r The answer is o” was w legitimate by do am act of But to return to the testimony. formed witners of bis intention Lo make ano ber will, « iat to consent to become one of hit executors, w should acknowledge Myra, the obild iv ques tion, to be bis leaitumate and only child, wad heiress ¢ all bis entate; an short tine be of the testater, whi nded in his deata, bis own house, tovk from ® small blac’ oa Will, and preeedted it epen to itot and De la Croix were wd at executor the child, was scknowledged to be his logi ies, to prove legal marriages ; if this were not t Faw, auld those whe are legally authorised’ to celsbrate m Teooed as tay ao in every ooustty, the ovadition ot . ono ughier and heires of ail his eatatess 6 conclusion of the testimony of this wi hard upon the conduct of on bo was present ab bis dewth. aa. nm o erin bitehment 6 (be jviat ia questi commenting upon it at present.