The New York Herald Newspaper, February 14, 1848, Page 1

THE NEW YORK HERA SONA REPEL TOT EID ‘The Gaines Case. BRIEF OR ARGUMENT OF WILLIAM CHRISTY, Attorney of the Apeties in the case of Paterson vs. Gaines, on Appeal to the Supreme Court of the United Stat from the Ninth Cirewit Court. [conenupep.] Proofs and Arguments to establish the Sixth Point. looms now to the testimony of Pierre Baron Bois- fontdive, to be found at p. 119; than whom no more res- pectable man lived in the State of Louisiana. In the testimony of this witness is to be found confir- mation of that of all the others, strong as Holy Writ : nay more—for who can read it without coming to th conclusion that the will of 1813 was destroyed, at very moment in which the lest vital spark of life was taking its flight from the corperal body of the testator to another and @ better world. Ile proves that the child was born in his house; prepa- rations for her birth were made by Mr. Clark, who placed her with Madame Davis, at the age of eight days; Clarke always acknowledged her to be his legitimate daughter, and declared that he should do so in bis will, the same will spoken of by so mene itnesses; on the day before and on the very day of his death, Mr. Clark declared to witness that he had acknowledged her atieney in this will, and constituted her his sole heiress; about fifteen days befc his di itness was at his house, and saw him “take from asmall black case a sealed packet, which he handed to Chevalier de la Croix and suid, ‘ My last will is finished, it is in this sealed packet with valuablo papers; as you consented, I have made you in it tutor to my daughter; if any misfortune happens to me, will _ do for her all you promised me ? ‘ou take her at once from Mr. Davia! I have given her my estate in my will, an annuity to my m , and some legacies to friends; you, Pitot and Belechasse’ be stating Soman inute circums' reciting After mi tances, conversations with Mr. Clerk, he sare, ‘The dey before he died Mr. Clark, speaking of his daughter Myra, told me that his lest will was io his office room b:low, in the little black case: that he could die contented, as he had ensured his ite to her in bis will; he men- tioned his pleasure that he had made his mother comfort. eble by an soapy ane remembered some friends by le- gacies,” Ko. “ About two hours before his death, Mr. Clark’ showed strong lings for said Myra, and told me, that he wished his will to be taken to Chevalier de la Croix, as he was ber tutor as well as one of the executers in it, and just aftewards Mr. Clark told ats bis confidential servant, to be sure, as soon as he carry his little black one to Chevalier de la Croix: this, and @ very short time before Mr. Clark died, I saw Mr. Relf take @ bundle of keys from Mr. Clark’s armoir, one of which, I believe, opened the little black oase—I had seen Mr. Clark open it very often. After taking these keys from the armoir, Mr. Relf went below. When I went below, I did not see Mr. Relf, and the office room door was shut. Lubin told me that when Mr. Relf went down with the keys of the armoir, he followed, saw him there, on getting down, go into the offloe room, and that Mr. Relf, on going into the office room, locked the office room door. Almost Mr. Clark’s lest words were, that his last will must be taken care of on said Myra’s account.” ‘The testimony of Gallien Preval, who affixed the seals on the effeots of Mr. Clark, after his death, os required dy law to be done, isto be found at p. 205; he says that ‘at the moment of clothing the proces-verbal, Ricnard Reif having found in « trunk of the deceased, his olo- graphic will, he took it for the purpose of deliveting it to the judge of the court of probates,” ko. It is clearly shown, then, that Mr. Relf had flogered the Papers of the deceased before the seals were affixed, directly con- trary to law, for the prinelpal object of aMxing prevent the destruction, or removal of any papers be- longing to the deceased; but at p. 322, the same witness is more explicit in his recollection of the mannerin which the will of 1911 was produced; he says, that “he has no recollection of having seen Mr. Relf take the will of Mr. Ciark out of a trunk containing pa) ); thatit is de- onent’s belief that the seals hadalready been affixed by js upon the chamber, armoir, and bureau, when Mr. Relf came and presented the will to him.” He says that “the seals had already been affixed, from the circam- stance cf the keeper of the seals having signed the pro- ons-varbal befure mention is made therein of the said w 0. Yes, 'cis unfortunately too true, that this will was not taken out of a trunk of the deceased, it was taken, as this testimony clearly shows, out of the pocket of Mr. Relf, who had had possession of it from the day of its execution. To establish this fact. beyond a doubt, see the testimony of De la Croix, p. 353, as well as that of several othe: witnesses, in whioh it will be seen that Mr. Clark informed them that be had made the will of 1811, jn which Relf and Chew were named as executors, and as he was about to revoke it, he did not wish them to reek of his intentions, as he did not wish to offend them Ic fe at ali times extremely unpleasant for the counsel in such a case as this to be compelled, in the performance of an imperative and paramount duty, to draw inferences from the testimony adduced, which so deeply affect the moral character of a fellow-man, asis done in the case Defore us; but the conclusions to be drawn from all the roofs aud circumstances in this instance are perfectly Frrenistib nd though they fall with a heavy hand upon grown old, and ‘through life been looked upon asa man say cheer justice to the memory of the dead and justice to the living, would seem to ory aloud for retribut Souk anti aie ae testimony, cosa for a moment doubt that the will of 1813 was et the very moment of the demise of the seid Clark? I might go on and show olearly, from the manner in which the exeoutors under the substituted will of 1811 have managed the estate of the deceased, that there were strong personal interests or motives which led to the feul ot of jestroying that of 1813, but | forbear; "tis enough to show,that the thing was done, and I can conscientious- ly say, that no one, who has no personal interest in the result of this contr ery, more deeply regrets the una- yoidable conclusions which result from the testimony in the case, that a crime has beeu committed, should have fallen where they hi than I do. I shall be very bi in my effort to show that the ex- eoutors under the will of 1811, have not done their du- ty; because, strictly speaking, it hes but little to do with the case before the Court; for, by establishing the legitimacy of the claimant, all sales of the property of the estate must be declared null and void. This point has been so often decided by the Supreme Court of Louisiana, that nothing need be said d that of re- ferring the Court to Benjamin and Slid Christy's Digest, a copy of the latter found in the Congress Library, Heads, Minors ecutors. But to enable the Court to comprehend this = ot the subject with more facility, I will quote espe- olally:— “A tutor has not the power of alienating the property of his pupil except in the cases provided for by Jaw, and thea only with the permission of the Judge.””--3 Mar- Reports, p. 456. tin’ “The proceedings of the Court of Probstes of a parish in which neither the minor, his tutor, or under-tutor re- aide, for the sale of his property are vold.”—4 Martin's cannot make a compromise res: ing the \e property of # minor, without a judi de- cree which sanctions it.”—10 Martin’s ba pee . 796 “An executor eaanot sell the property of his (ebteter by vate sale, although authorized to dot extra-judl- cially. Minors’ property cannot be alienated in any other mode but that presoribed by law.’--1 Martin’s Reports (New Series), p. 326. “A sale of minor’s property without the 1 solemni- ties is void; and a circumstance of the parish judge net nowing it was the property of minors, will not render it valid.”"—Ibid, p. 648. : “Minors are not bound by a sale. of their made under judicial proceedings to which ti not parttes.”—5 Martin’s (New Series), p. 664 “ The sale of minors’ property by private contract is absolutely null and void.’—4 Louisiana Reports, Many other decisions of the Su; a might be added in su; butit would be bow 3 any farther. It would er to ask for a reference numerous decisions jast troduce them without Section 19, at 68 of “eode clares that, witate ton day ‘after the conclusion of the por ee be the tom f a the tator to pro- of his ward.” Art. 56 i aed those already quoted, to extend them to the read- in the Of 1908, de- “This snie shall be suthorised by the jadge, and een ly adver- mad public auction, after having tised,” ko Art. 67. « The judge, at tl woilas the rate of reat, gi y the purchaser, and the other oa of the sale, as the case may require.” Arti- ole 6 “ The minor's property can not be sold for less thi the amount of its appraised value, mentioned in the ine ventory,” &o, Art. 59. ‘Thus stood the law until the 1811, when the Le- gislature of the State of Louisiana passed an act, proved on the 20th of March, the frst section of which declares, * That from the passing of this act, the proper- ty of minors shall be kept unsold, unless the tutor, with the consent of the under guardian, and at least five of the nearest relatives of the minor, or of an equsl num- ber of friends, if there are no relations, duly sworn to declare the truth, the whole truth, and nothing the truth, shall declare that it is for the interest of the minor that the said property, or part thereof, be sold.”” ‘This statute bas rane the provisions of this code just quoted in several important points; it was in rull force at the time of the death of Mr. Clark, continued to be in foroe up to the time of the adoption of the amended code, by which it was re enacted, and is at this moment in full force in the State of Louisiana. See, also, civil code of 1803, p. 244, Art. 166, which compels excoutors to close up the estate in one year and ® day, or to get an extension of time, neither of which was ever done by Chew and Reif; indesd, they have not yet rendered the proper and necessary account re- quired by law, nor have they ever made @ single legal wale of property. And here I will refer to one instanoe,which carries the seeds of its own destruction in its most vital parte; J allude to the sale of a plantation and slaves, now owned by Madame Holiday, and situate in another parich than that of Orleans, See record, p. 407, The tof wills, for the parish of Orleans, proceeded to the spot, and sold this property and slaves. His authority to act in an ofliciul capacity, waa, by lew, confined to the pa- rish of Ocieans, for which he was regiate: ja he could no more make such a sale (even under an order of the probate court) than the sheriff of the parish of Orleans could haye done, This point has been settled by the courts of Louisiann—nay, they have gone #0 far as to ob Z declare an authentic notarial act null and 269. |. eme Court of Eons chased Chow and Relf, acting in thelr ecutors of Danial Clark, and agents and attorneys in fact of his mother, Mary Clark nation that several of the important requisites to be observed in the sale of minor’s property, as laid down in the laws aud decisions hereinbefore quoted, were omitted, conse- void, aa has been done by the ocurt below. Before closing my semacks cm this hed, 1 must refer to, and th» testimony of Dusuau dela Croix, which is somewhat contradictory, but, nevertheless, claimant, because of its confirmation in many pestiee: lars of timony, which has evidently been given under aah when it prejudicial to the olaiment, as the whole tenor of shows, after the probate of the will of 1811, when he went into the Probate Court, and swore to mayptnees, because it was proved that it was signed a ‘As « farther instance of the gross mismanagement or neglect on the part of the executors, as before all the item of interest accruing ou a portion of the price of said property, to wit: nearly nine year’s interest on $40,000, at six percent amounting to about $20,000, is not mentioned in said executors, on the 27th of August, 1838, twenty-five years after their appointment. And here it may be well to refer to the title by which Patterson acquired the property in question. It will be found at p. 219 of the record, where it will be seen that he purchased it from one Gabriel Correjolles, who pur- joining one. See 9 Martin's reports, p. 489. leged, the acoount of administration, filed by conse coming so completely w this will or document of 181 th thi from Mosers. “noir eotiag in thelr Souble, Capacities of ex: Tt will be seen by an exami- of this aot of purchase, to be found at p. 227, |, by this court, nulland riege, or by their contract of a particular mode of acknow! does not exclude every ot! comment more minutely than I have done, upon strongly in favor of the © The rey that of several other witnesses. How is his tes- : literally declared to be reconciled with his conduct the very day | to, or irreconcileable with, the contents of apeti- | Messrs. tion, forth thet “he had strong reseons to be- | the ture of pth testament enue tp thes hee the amended or a bs before your honorable court, and in the after whereof he thinks to be in! terested, pe acter areas it is to be presumed that the double of this Me Rod existence was known by several persons, this city,” Ke, P. Here {s the strongest possible proof that he, De la Croix, testimony at p. to him at his plantation, to ask him to become one of his executor: jonth he called to just sealed u; ouvert sence of deponent, and told him that it contained his last will, and some other papers, which would be of ser- vi showed him the packet, which, will, that, in case of his death, it would be found in a small black trunk, which hs had there, &o. Does not this proceeding and this part of his testimo- ny, given ia the Court of Probates in april, 1834, esta- blish, beyond all possible doubt, the fact that and Inst is abolished.” been deposited with any notary pubilo in 192. believed that there was another will; but see his | but the question has been d 32, wherein he spesks of Clark’s visit by the statute of 1923 See \d tutor to “this female,” &o, and that, a or two after this conversation on his plantation, Mr. Clark at house on the Bayou whore he packet, which was endorsed, * Pour éire en cas de mort.” Clark threw it down in pre- Clark observed to deponent, at the time he je said, contained hie it to be proved as a fact.” tor.” —Ib. p. 162. ~ Pelor laws a rovisions.”? Croix did believe that the will of 1813 was destroy: 8 Reports, p. 1! He admits ite existen ery short time before Clark is a digest of the civil la death, and yet, when examined in this case in 1833, does | isiana; and the re-eni not even recollect positively as to what year he, Clark, | exceptions which limited died in; declares, too, that he had never seen the will of 1813, having fo swore that Mr. Clark showed itto him in his own house ! Again, thing of the existence of second will, except from what Mr. Clark told him as to his intention of making one !— gross perjury this; but why does the memory of this witness, who was so intimate with Mr. Clark,as to be appointed the tutor of his daughter, prove to be 20 treacherous? Let us seek for the true and only cause, | right of a proven by olroumstantial evidence so strong as te | been alrea amount to positive proof, for one who will swear falsely, as he has done, will not stop at bribery and corruption : , then, that sufficient proof is to be found in the record, to show that he received hush-money very soon Spanish jurisprudence ”? tten that, in his firat testimony, he The in his last testimony, he says that he knew no- | had not been repealed, it proved on the 26th day‘of M Louisiana at the time of th: Mr. Clatk’s having do ine per| Pointing out tion laid dowa in the ld code, see art. 217, hey A to add that“ every other mode of legitimating o! decisions of the Supreme Court of Louisiana, as well legislature, finding that that the Spanish laws ( ropealing act should be pass But suppose, for a moment, t! doubt as to the marrisge of Clark to the mother of claimant, there oan, at all events, be none as regards the r, (under the Spanish laws, own to have been in force in the Stat legitimate children, to dispose of the whole of his estate in favor of natural ones; nor oan there bi @ observed that mo witnesses are required to rign the declaration written by the father proof of his hand-writing, as in the case of an olographic will, be considered sufficient— whereas, if the in- strument written bya notary should not be witnessed, there would be no proof of iatention, for in neither case and why? because is it required that the declaration should the fat signed by er. Tbis reasoning may have the appearance. at the first blush, of being bypercritical, but there can be nodoubt of its correctness. The fact, too, of this ithia the rule laid dowa in the latter part of this lew, must not be lost right of, for all the witnesses agree as to the testator’s declaration in 3, that this child was legiti- mate ; it is no where shown that he deolared her in this writiog to bea natural child; therefore, the acknow- ledgment that she war a legitimate one does not take the ease out of the provirions of this law. ‘The oivil code of 1203, p. 43, art. 21, points out th mode of legitimating natural children, thus :—' dren born ont of marriage, except those who are born from incestuous or adulterous connection, may gitimated by the subsequent marriage of their father and mother, whenever the latter have legally ackuow- ledged them for their children either before their mar- 6 Chil- be le- f marriage iteelf.”’ This is ledgment pointed out, but it her, nor dovs it repeal the Spanish law just quoted. Sse code of pers »p 6, art. 24. is either express or implied ; it i is express, by ® subsequent law; it is implied, when the new law contains provisions contrary those of the former law.” The article in the amended code of 1825 is the same. to translate the Partidas, Louisiana, this law aa being fa force. ‘The compliers of code evident it same mode of legitima- on dren It is clear, then, that there was no express repeal ot thiglaw by the adoption ef the first code, an equllly clear that there was no repeal by implication | it is jeflaitively settled by severa 6 Louisiana Reports, p. 427. “The general repsaling law of 1823 applies only to the Roman civil law and Spanish law in force in the country at the time of the paseage of that act, leaving the pro- visions of our own legislative acts still in foree.”” 7 Louisiana Reports, p. 539.—“ The Spanish law hav- ing been in force in Louisiana, until the repealing act of 1828, the Court will recognise it in relation to cases arising under the government of Spain, without requiring “Statutes, in pari m-teris, should be construed to- gether, in order to ascertain tl meaning of the legisla- not repealed by subsequent ones un- actment or clear repuguancy in their 06.—* The Civil Code of 1808 which were in force in Lou- nt of them did not repeal the their operation under the ¢ Supreme Court had ¢ in special cases) jetermined that a general |, which was done, and ap. larch, 1828, it there should be a whieh ha death of Clark,) who no y doubt of this in the lost or destroyed after his petition relative to the last will was presented | will of 1813. @ decision in 4 Louisiana Reports, p. to the Court of Probates; at p. 172 of the record will be | 268, in which the heirs of the said Daniel Clark were in- found a sale or transfer from Reif, as executor, &9., to d or comcerned, the marginal note of which reads Dela Croix, of a valuable contract for the digging out Under the laws of Spain, natural fathers, who and enlarging Canal Carondelet, for the consideration | have no legitimate issue, may disposeof all or any part of one dollar, and at p. 419, it will bs seem that an allow- te, in of tneir natural children.” And ance of five thousand and thirty-eight dollars was made an hardly be contended, under the testimony to the said D; that valuable contrast !! same to the same, of fifty-five slaves; both made very jon after the proceedings in the Court of Propates, as aforesaid, and without an order of court, and of course contrary to law. And, further, in the account of admi- nistration rendered by Relf and Chew, on the 27th of August, 1839, no mention is sale, in which Relf acknowledged the reosipt of $7760 in a Croix for assuming the fuldlment of p. 174, a sale from the heiress and legatee. emeel gation. ye to my mind e of the proceeds of this 5 cash, In the same account, see p. 421 of the record, {t appears that fifty-seven slaves were sold to Dela Croix | lic prints, from one at the price of their estimation in the inventory, to wit: | for the last fiveor six ye 21,600; on which an abatement was made of $29: at p. 426, another sale te him of twenty-two slaves $9000, abatement thereon of $1178; both of which abatements being neribes that the property shall not be sold for lees t! its sppraised value; so that this ceased indireotly oht tH in the inventory, has often proved their value as estimated in the inventory, ant Sack eal neal clang Ts in direct contravention of the law, which pre- ip real condition and rights, t friend of the de- Mr. Relf with the Cha red on record, that the said Clark had clsimant to be his legitimate child, an: handed, against all the prejudices whioh rre sally brought to bear upon what is commonly called acknowledged left her his sole ‘Thus ends the specialities of this im ortant cate; but Losnnot close my remarks without indulging ina fow ral reflections and deduotions which have present- in the course of this investi- ry member of the Court must have seen more or less of the many publications, touching this oon- troversy, which have made their appearance in th tremity of the Union to the other, ub- ars, from which almost every reader of @ newspaper has made up his mind for or _— the claimant; this kind of trial (for it is a species of o1 fatal in the lower Courts to the instance before us, the claimant, from the fitst moment of the discovecy of her has had to contend, er friend’s will, Sgt hg peta gd a suit against a community; to which may be added the from the ‘Mr. Reif, of his property, eon- influence of several and le. rast rer io ape ie vaya ser "| posi thaged ty the’ Sane ict heving boon stan q ; ond Arguments 10 establish the Seventh Point. | guilty of gross negligence in the management of the es- Ithas been contended, and no doubt will again be xistence, can have no effeet until probated. This is, © 1 , with vt - riety add, dsnglelyabrnrd thas too been contend tate she sought to recover, ‘the will of 1913,even if proved to have cates, either in the publi p ing been guilty of fraud, corruption and crime. be wondered at, then, that she could find but few and some of tl with hay- Is it to \VO- feat oF at the bar ofjustice, particularly in our State tribunt But im the progress 2d, that this point has been by avclitary deol Of time, which regulates all things, discovery followed of the Supreme Court of Loeisiena, (see 10 Louisiana very, proof followed proof, until the injured party, Reports, p. 60; 11 do.,p. 683, same case.) This, how- | in the very first oase that could be brought to trial be- ever, is not the fact. Ons careful examination of these | fore an impartial tribunal, gained a signal victor. cases, it will be seen that the decisions of the Supreme | it is now before this honorable Court, for a decisio: Court, do mot confirm: that of the court below, in the last resort—a tribunal, fortunately for sui biunder of the: the marginal note in the lith | Dever to be approached by | vol., puta a dedtston ta toe sheet of the judges, which, if real, would go very far towards-an impeachment of | by th their understandings and legal knowledge. aoe Delow’ inoldentally decided that “plaintiff oanno’ bate of the will;” no law is refe vision as to eRe hy Jadge Pays pe died, if he died within the orin-which his principal estates lie, if he died out of the State; the judge cution proved in the cases prescribed by law.” This is admitted to be a general rule; but can it be seriously contended for a m i ofa will bear upon tne oase, by publ ridicule, in_e1 claim, under a will, witheut producing « pro- to in support of Sadge usd: ta big ‘mind's oye the general pro. 1s eye the pro- eee to be found in article ‘that “no testa- nted to the use she was com) dustry discor order the exe- of the testament after its being opened and to ope: session ef which she has so not, when the question is to judicial tribunal. oment, that it applies in the not. 1 case just ‘ © gk cepataciete jary, has been talent aud philosophy. *r at 387 Wimuet be noveoblodged ud broved Dy the declaration | ed that the known heirs of or affirmation of two persons, who mast attest that dire teatasnont oF Codicil as being | Where some o hand cement vet “4 ‘he amended code has the same | 8nd yet, thisis the fact, for the record. t 19 therefore oleur that the case reported and the pre- ‘that no wrong can exist | Mother, were led to believe, h the future an peso aa No never, The ‘Of @ necessity of probating @ lost will showa, every other gronnd or ‘this point, follows as a matter of Proo) had remained in the haads other manner. Now, ’tis ol ond recovery. the immutable principles of datia ettets, ocd contign they #0 richly merit. ony of record in it she should soll Thea his will ought certain!: essatns declared, with his d7ing | 15 great 0 right to decide ui ‘wasin the celebrated little biac iteel! his lips? Mulchad ocoupted so much so m ved of her patrimony the lights and proofs, which a court of law and of equity ‘What is equity? It ofa Sak trammente to eatablish the cighth point. enuity of the parties could invent. of the claimant in prosecuting her rights, led to go into the Courts, to aid her counsel by furaishing facts that has been most cruel tibly arraigned, os legitimate grounds for deceased, at least, thought the d that it was bis earnest, nay, por own property should be disposed of, as himself? just, is it law, that, by @ combination of frauds and de- ptions, bis last wishes on this subject should bi \d an innocent and Ce heix, disinherited and particularly those in equity, which occupies an e! ion jooal or personal prejudices. Every petty circumstance that could possibly be used jamerous defendants and others, interested in defeating the claims of my client, has been brought to lioations, conversations, and possible shape and form Even me by her in- nd contemp- defeating her the peculiarizy of her position, and the novelty of her oase, have thrown her before the public in an unusual attitude to be occupied by female: is this ciroumstanoe to form « basis of defeuce, which is ily admit; but x legal rights, from the pos- long been debarred? Surely be decided by on impartial 1 am proud to say, however, that the result in the two important verdicts she has gained—one, too, before a well caloulated to burl back the poisoned darts intended for her bosom, against the brazen fore- heads of those unmanly assassins of female character, If it should be ssked, how it happened that this im- portant secret of the parentage, &¢., of my client should have been kept for some fifteen years, when so many knew it? I would answer it, by inquiring why it happen- Mrs. Clark, (the mother of Daniel Clark.) whose will was probated in Philadelphia, them lived, in the year 1823, was not pro- bated in New Orleans till the year 1838, also some {if- 4. sign | teen years after it was publicly known who they were? Thave myself seen and used I will venture tomake the answer for both parties : The friends of the oats well as the heirs of the 7m some source, that the estate of the dvceased was insolvent, and that, if they meddled with it, they would become responsible for its debts, and thereby involve themselves beyond redemp- tion; and yet, when my client had the frmaess to look into the matter, it did not take long to discover that an estate, now worth from five to six millions of dollars, of exeoutors, managed and sold by them in their own way for twenty-oda years, without an account of their administration ever having been rendered to the proper legal tribunal, or in any war, that of thess three ap- parently mysterious, and certainly remarkable points or facts in this mattor,the one in which my client is involv- ed is the most easily accounted for; exclusively interested in her fate, (save one, Bellechasse, see his testimony,) as to come out with the truth, brave the influence of those who were in estate, and thereby injure themselves in case of failure, ‘nad no friend, 80 osseasion of the ut accident has favored the innocent and injure justice will sustain her \d consign the guilty to the punishment Can any one, after « carefal perusal of the voluminous cage, fora m his totale! Burely presasd more anxious asis proved, he di je obeyed, for who manner in haa ir a it 'y to mn tl yhwart- No, an never be, with have come to hand staring powers full in the fa “the correstion of that wherein the law (by reason of its universality) is deficient,’ — Should the court be of opinion that the un! the law proves deficient in this case (a conol reality of nm I con- challenge of manto cite & case, call- intervention of the equity 9 . | seientiously believe oan never bearrived at) then I throw and Vifvel coniidgat that errush hac at, | the claim of my ellent upon the broad prinoipies of equi ‘been confirmation of thedeores | ty, laid down in the definition thereof, a in the court may, be well to cover the | the industry and ingenuity whole ground for the claimant; { shall | ‘ng more powerfully for the therefore adduce the laws upon which I rely to establish sof a court, than does the one of which | now this Sg it. It is laid down im the 4th partida, title 15, law 7, that “ Another way of It ‘& father declares by « writing executed by his own hand, my leave. WM. CHRISTY, Imating natural children is where , Attorney for Appellee. hich to be executed notary Mail Fallares, ted ctianted by Carve witmesten, thie he Ackuoviledges | The eastern mail failed at St. Louis ame. 5 ul 7 not to say thet he is his natural son, for if he does, | |“ Northern “ “ Charleston, 8.C., 7th & sth Jogi will have no effect.” renee lere axe two Tux Busugt py Weient.—An act of the Ohio end SoReeeiie Rae ‘ne atley, 8 T) cate, 18 pounds, NEW YORK, MONDAY MORNING, FEBRUARY 14, 1848. FIELD NO E Ss. STATISTICS, OBSERVATIONS, AND THOUGHTS * oN THE CIVIL CONDITION OF MEXICO, BY COLONEIx ALBERT C. RAMSEY, U. S. ARMY. “* Give me frets before your common suse.” Dr Feanxnin. I have been persuaded by friends, some of whom are of high rank in the army, end some of no less civil distinction at home, to publish my observations and thoughts on Mexico. The interesting position which that beautiful country now holds towards the United States, and will continue to hold, imparts an unwonted value to any information respecting it, derived from au- thentic sources. Our people, moreover, seem to demand it, not only as a right due to themselves, but to consider it also as a duty which all returi ing trom the army have to perfom—of contribu- ting a portion to the sum of intelligence on Mexi- can affairs. I have heard such sentiments fre- quently expressed since my return; and, although Epo reauanet to deny the obligation, I am still far from willing to acquiesce in the claim being enforced. Serving under the orders of Gen. Scott, one of the greatest and most distinguished generals of the age, and in daily intercourse with many of those noted in the army, it might readily be supposed that something more could be described of his military operations—something more pourtrayed of the heroes who surrounded him. But much on these has already been written, with an abi- lity not to be surpassed; while much yet remains to be written by others more competent for the pleasing task than myself. , First impressions of the country, that fascina- ting theme—that fruitful source of error, has its many admirers; and there is no portion of the lobe more fertile in topics with which to gratify the lovers of the romantic, the picturesque, the sentimental, the marvellous and the ridiculous. If time were not wanting, and capacity also for the task, inclination would not forbid a few es- says, ‘more ornamental than useful,” on Mex- ico. But as yet, we are pioneers in knowledge of that country, and like the pioneers of civilization cn our western borders, we must toil amid the dull, dry matters-of-fact, but ot every day importance, first reaping a harvest to nourish and support, before planting roses and flowers to please and delight. We must first ex- plore theirworn out institutions ofgovernment be- fore wandering amidst the variegated sweetness of their forever fragrant gardens. We must (to borrow an illustration which would not be inapt as a proverb inthe army) know what we can get front the commissariat substantial for din- ner before sending to market for oranges, pearsand peaches, or ordering the cook to make a pine apple fritter. { To blend a few leaves of description of scene- ry and of other subjects with the fruit of more se- rious labors, might perhaps ensure a publication being popular, but the attempt is too dangerous; for as memory would recall many things delight- ful, they would be dwelt upon longer than was proper, and fancy free, the foliage which was on- ly intended to adorn might finally encumber. My first view of the mountain of Orizaba was from a plain, while ona march ; and as the mor- ning sun lent to its lofty peak of whiteness a gol- den hue, it was so beautiful that | involuntarily uttered to myselt something about ‘*Monarch of Mountains,” “Throne of Rocks,” &c. A gene- ral officer overhead a portion of my muttering, and suggested the propriety of dropping the reins of my bridle; and, both hands being free, recit- ing the whole passage from Manfred, “with all the flourishes.” I declined this impromptu rehearsal, however, as it might give to my horse the largest liberty, and change the direction ot the column. In the same way, touching on de- scription ‘with all the flourishes,” might lead the main subject into the chaparral. Much has already been written on Mexico, but, like its currency, much of it is of little valus, and in some instances unlimited credit is not to begiven. If, there- fore, statements should be made adverse to those here- tofore published, it is to be hoped they will not be attri- buted to the others not being consulted, but to the fect that they bave been found on subsequent inquiry to be erroneous. A writer on the present condition of Mexico ment; where religion has been established by the Soeltae’ promoted by the priesthood, corrup- ed by the governors, and where riches are acrime; where anarchy, that chaotic dream of the pro- found and useless Plato, that never-ending topic to ths sophists, and that absurdity to statesmen, is recognized es public aw; and where the assertion that the worst of governments is better then none, bas found an an- powell 1 sag the pene ts eaten ee Veinpned issolution, an army un) jout a revolt, the officers of tae become rich, while their salaries only afford them the means of a liberal subsistenc: A people known to be jealous of their national, when their civil rights are extinct: upholding # goverament from which for years they have received only injuries, and cheerfully according contributions for raising ar- mies, by whom, experience has taught them, they will be plundered. YEOUe. Bae opinions, without any se- curity for personal safety or private estates, they are vindictive against a foreign army, bearing to them the novelties of security for life and protection to property, those blessings which civil magistrates are supposed to protect and wars destroy. A people professing the sen- timents of the chivalry of Spain of the fifteenth century, and performing deeds of deeper atrocity than the bucca- neers of the same age, and yot alike destitute of the honor of the one or the courage of the other. A people among whom falsehood is not deemed disgraceful, nor labor virtue, nor war injurious, and, in one word. the only civilized or semi-civilized race who do not consider honesty the best of policy. ‘These are some faw strange facts of this strange coun- try. Many, very many others, as dissimilar to the rest ofthe world, prevall ; but I have already written enough of what may (unjustly) be deemed the incredible, with- out venturing at this time on more well-known, which might poor, farther scepticism. To eraticate the false impressions existing in respect to Mexico, and to create a belief in the truth, » homeopathic principle must be adopted, and veritable statements applied aringly. If history has been properly, defined to be philosophy teaching by example, Mexloo must be ac- counted an exception ; for no examples drawn from other nations, from which general principl:s are deduct- ed, can here be made useful. Let all that has been written of the past be cast away with the indifference that Dr. Johnson threw aside the annals of Athenian ci- vilization, and let ancient and modern historians be for- gotten; and then, but not till then, will it be believed that such a remarkable people exist, and their social condition be understood. As well might one study the intricate windings ot an Indtan war dance, to assist him in learning the mathematios, as hope. from books, to im- bibe aphorisms that would there be applicable. Dr. Franklin, in his search after truth, exclaimed, “ Give me facts before common sonse,”” Entertaining thess opinions of Mexico, it will not be surprising that the period of peace is viewed as remote. ‘There is at present no government with which to treat; there is no leader of any of the various factions power- ful enough to turn patriot for that purpose; nor do the people desire their vengeance stayed ‘against an army upon which they daily inflict the horrors of their first frend market, at double prices, with the money paid lown. The latter circumstance is a custom to them hitherto unknown, and no less astonishing to their un- sophisticated minds than fire arms and wild horses were to their forefathers in the days of Montezuma. No pe- titions have emanated from them praying that peacemay be restored, and no more blood of bulls shed at the rate $1; no more corn taken at $1, worth half im; no more mules seized at $60, for which the chocolate-colored driver had actually paid $20; and no more of their goods and chattels consumed for which they received remuneration in vile cash only, at three times their value. Much impoverished as they thus are by “the perfidious Americans,” they are willing to endure more sufferings of the same kind, and wo be unto that chief who checks the persecution the people bear for their patriotism. No, not until the invading army is withdrawn from the soil they contaminate with their presence and prompt payments, will these “heroic sons’? of chivalry listen to any overtures not belligerent. Bat when they return to their own country and cash is Soar oe, pene may come, with all the blessings of unsold beef and bad pay. The opinions of the peo} permitted to have any) in lorlous republic of “God and Liberty,’ have no weight with those who adminis- ter the affairs of government. Whether society is bens- fited or injared, isto them.of no moment. To obtain power (a matter in which the mass of this community may be counted as cyphers,) in order that they may be- come rich, is the first cherished object of their disinter- ested ambition; and to,retain power is the next aim of their patriotic lives. For as power enables them to under, the loss of it in turn subjects them to the same fate. Property is not there protected bylaw, but by force, What, therefore, would the acquisition of great richss avail in the formation of @ peace, if that peace hurled them from their seats and deprived them of their wealth? Nothing as yet is tobe gained by any chief in making peace while bis power and Populatity ‘tg placed in jeopardy by the experiment. And until that problem is solved, of how much a treaty is worth to him that makes it, the seals will not be applied to the parchment. Phe cavalistic words, patriotism, heroism, generosity, disinterestedness, national honor, integrity of the state, &c., are in common use, and are beneficial in concealing however, (if they were ‘tor at every’ jwestioned, as his narrative must be at variance entertained opinions of @ people improperly deemed olvilixed and intelligent, and a government as falsely styled # republic. A large portion of our people still entertain the belief that a peace party exists in Mexico, whioh must ulti- mately become predominant, and establish amicable re- lations between us. But nothing can be more incor- rect. Although there are all other kinds of parties and factions in Mexico, none for peace can be found. It is true Santa Anna was its advocate, and staked his popu- larity on that question, but even his friends and parti- zans were adverse to the measure, and his own over- throw waa not the result, so much, of his many defeats as his defeotion from the popular’ will to carry on the war. That Sante Anna was sincerely desirous of peace no doubt cauremain. The evidence daily presented to our eyes of his acts during the time Gen. Scott was at Puebla, and subsequent march on the capital, was very convincing. _ Santa Anns had s@ppressed the publication of all the journals in the city of Mexico except his own daily go- vernment Paper; and in this, that portion devoted to editorial ons was forever filled with denunciations of members of Congress, who refused to meet and form a quorum, on the plea, that if they assembled, commis- sioners would be appointed to treat for peace. To this the replies of the paper were very able, in showing that the appointment ef commissioners to hear our proposi- tions was not making « treaty,end refusing was contrary to the rules that govera civilized countries. Essays on the barbarism of war and on the blessings of peace were frequently interspersed with deciarations that the coun- try wes exhausted, aad peace myst be made. Santa Anna issued « manifesto in the same strain, and his friend,the aloalde, mayor of the city, fulmisated another only alittle more severe on the war party, who were heretofore the least willing to furnish money to carry it on, or men to do the fighting. The declarations of Santa Anna, however, must be disregarded, for he would as soon put forth a falsehood as speak the truth ; but his government paper, published to create public opinion, while all others were silenced, demonstrated his pacific intentions, his power, talents, influence, and public opinion even in his party nation too hostile, and he had to yield. He abandoned the city, left the army, feint of attacking Puebla, where he was on the ev: ing arrested by the Mexican troops, on the supposition ry etakes more than his literary me be on the result, as unpopular tified with the question of peace as Pari monarchical faoti: His career has not yet terminated, for he will soon pear in new drama with the former character of Santa Auna omitted, “by particular request” of those vor; peovinces most clamorous at all times for war, whic have not yet been reached by our arms,and which have neither felt in the expenditure of men and money, as the alealde asserts, the cost of war,ner has their country been jected to a foreign invasion With the flight, however, of Santa Anna to Orizaba has fled all h ft peace; and the period of time for its being conqut is now as indefinite, if not as remote, as that for the in- coming of the J. Lam well hat my opinionson peace, ag well as ow other questions of Mexican policy,. will bs deemed stranve by many of our people. But that cvuntry is so strange in all things, that whatever is correctly written concerning it, must be equally so, and no less true. If it bore any resemblance to our own happy an my penoil would neither attempt to pourtray any pecullarity of its features, nor any portion of its picture. All that pertains to the past, the present, or future condition of Mexico, has been the subject of much of m: meditations ; for no country has heretofore, or will hereafter, present so many anom Ita oil, produc- tions, climate, topography, history, government, and p ple have nevor had their parallels in thi rid. Natt seems hereto set at defiance the laws which gover elsewhere ; the muse of history laughs to scorn tl principles she teaches in the annais of other lands; sclence of state policy seems to have demonstrated the endurance to what in other governments has been ac- counted the ossible, and to crown all, the peop! themselves mnt phases, 60 inconsistent with precon- ceived opinions of human nature, as to shake the truth of many axioms universally recognised in judging of mankind. Here you behold the scenery of Switzerland under the tropics, the fertili:y of Egypt on the tops of mountains, the productions of Europe within the torrid zone, the staples of thy United States on the same de- gree of longitude, growing on the same degree of latitude; snows resembling the polar regions, melting into streams near the equator, aod animated nature seeking warmth from the direct rays of a vertical sun. Mountains, rugged and rocky, towering aloft like the Alps, but Geoupying space comparable with the Vyra- mids, and situated in plains similar to our wide-spread- ing prairies; roads as level as lakes, winding amidst vol- eanic regions, whose tops piercing the rain clouds, are covered with jul snow, elevations overcome with- out the ascent being perceptible, rivers suddenly swell- ing thelr waters uatil they rerembie arms of the ses, and as suddenly subsiding into streams, not ample to quench the thirst of the animals on their banks; and the tinkling of the mule bell heard, as articles of com- merce aré borne along where the shrill whistle of the locomotive ought to awaken the dormant energies of a nation. the shifting acts of real life performed on this wide stage, and amidst such iacongruous scenery, have never found elsewhere actors to exhibit, or a peopie to applaud. When armies mustering hundreds of thousands have been routed by five hundred under Cortes; where a united and happy Gen has been subdued; where every victorious at times (until now) been de- feated, and never, jh misfortune, losing power or opinions; but in a negotiation they would serve the same purpgse as language between two merchants of the Birmen empire, who are said to converse scrose a table while they m: , with their fingers uader it. These fine phrases have descended to them like the armor of Alvarado, to be admired and exhibited to stran- gers, but for all useful purposes in treaty making or oth- wise they are held in as light estimation as the casque, helmet, or coat of mail would be in @ battle with our troops. To out own republic there are checks aad balanc the constitution which serve to regulate justly and in harmony all our institutions for the public good in Mexico their government, with its various depart- ments, was but the republic of a dream—at first bright aad beautiful as their snow mountains at sunrise: but clouds of adversity soon gathered around to sink it into the deep unbroken slumber of corruption. Its checks and balances were gone, patriotism and integrity were no more, its forms only observed, and faction reared ite hydra head to brood over the finest part of creation, like a night-mare, to create and to bring forth confusion and discord for Lat pared evil, and to flourish on the rank garbage of sordi: arice and selfish ambition. In these innumerable factions is the source of all their political anarchy and social ‘waheppiness Each, anxious for power, is willing to join all others, no matter how dissimilar in their wis! to pronounce against the government, and to effect a revolution. Whatever opin- ions one may uphold, the rest decry; whatever one does, the others denounce. Every executive, therefore, is only successful faction—a fortunate minority in powe not permanent in ite duration, not popular in its acts alike condemned for the sius of doing or leaving undone alike to suffer for some measure of patriotism or treason to the State. While thi ry line of policy adopted by the administration is liable to be thwarted, there is reason to believe that each, in turn, has been anxious for peace ; but the opposition factions have been too numerous to permit any negotiations, while too little patriotism exists in any executive to encounter the least risk of its power being overthrown to hazard an attempt. Even the church, anxious as she may be for the war to cease, has some dissension on the subject within her own bosom; and 1 atime as she is with ail classes of society, and all parties in the State, has discovered that her re wards and punishments can not restrain uaprincipled men seeking the more tempting wealth and power that political good fortune may bestow. Amicable relations with Mexico are yet distant; and, in the meantime, whatever information cai given of its social condition, or light be shed upon their inatitu- tions, must be interesting to our people. not only from motives of curiosity but from those of interest alto. | feel great diffidence in such an undertaking, and more distrust in running counter to previous descriptions. Observations and opinions pencilled for study and for individual benefit and safety, in the daily emergencies that arise in that country, and for official reports, if called for at home, do not generally possess that fullness which the publishing tourist or pniiosophical traveller throws into his portfolio; nor does a nation, whose reli gious institutions are shrouded in mystery, through policy, and whore political statistics are uncertain, and sometimes unpublished, through interest, present many favorable opportunities to » stranger for complete inves- tigation or thorough delineation. THE CHURCH. Among other strange anomalies that Mexico presents, is that of a people not priest-riddeo, through the hopes and fears of superstition, but yet influenced and controlled in their opinions and actions to a great extent by the temporal rewards and punishments, that the priesthood can directly or indirectly give or inflict. [f su- perstition, guided by arttul priests, swayed the public mind, we might pity the people tor a de- pendence on a class of spiritual directors so care- less in their teachings, so immoral in their ex- amples; and we should condemn a religious order who had not used their sacred power to better inculcate Christian principles and social virtues. But while we must exonerate the one from the charge of being priest-ridden, we must also ex- culpate the other from what would be a a fla- grant dereliction of duty, in making them what they are. Civil war has almost constantly pre- vailed; opening wide the doors to its concomi- tants, vice and immorality, and at the same time closing the avenues to edugation and knowledge. it is thus that so much ignorance prevails,which, while it leads to superstition, tends also to the debasement of the mind, the moral principles, and the humane feelings of the heart. § The church of Mexico is more formidable from its vast wealth than from its spiritual supremacy. Its riches are constantly accumulating, and from these it derives power and influence almost illi- mitable and beyond control. Independent, not only of the government, but of the people, it is enabled to sway both. lt does not rely on the one for protection, nor does it resort to the other for support. It asks neither for power nor princi- palities, for it possesses them. Its security rests not on its rights asserted through the rotten courts of law; its independence is not guaranteed and protected by the impotent constitution of the repuvlic. [tis equal with the govern nent, it 1s on with the laws, and it is first with the peo- ple. Its ministers are everywher and with every popularity where eerste fee a sxieteg whene institu clase, color, or cast, from mbling prest- dent, in the princely palace of a tottering repub lig, to Whom is extended counsel, and sometimes ry to the deorepid lepero on the curb stone, asking a blessing and alms; receiving the first breath of the new born child, pronouncing over it a benedietion so grateful to gratified p treats ; receiving also the last dying sigh of the aged in- valid, for whose parting sonl the solema prayer for the dead is fervently offered ap. The mother confides to pious ears the tremulous hopes and fears of her heart; the father intrusts the worldly secrets and troubles of his life; and the young virgin kneeling at the confession chair, pours forth the imaginary sins and foibles of er innocent girlhood. The inhabitant of a prilace blushes not to ask oraccept the stewardship of some estate of the church ; the artisan hopes for its eacouragemeat in his trade ; the poor man anticipates its assist- an n money; the merchant its custom; the miser the executorship of his will, aad in its ministers the guardians of his children, and the trustees of his riches. In the distribution of the real estate of the republic, the church is, the wealthy landlord; in the monetary affuirs, it is the great banker; inthe political distribution of power, the most potent estate of tue realm; and in the domestic relations of life, the worldly ad- viser and spiritual comforter. an While thus all powerful in its rewards, itis no less terrible in its punishments. Should a states- man become obnoxious, its agents and de- pendents among the wealthy and influential, with their numerous retainers and friends, unite to hurl him from power. Should one in more humble life render himself offensive, he at once finds himself deserted by many, an his plans and business thwarted; and, perhay more unfortunate, he is called on to liquidate a debt due to a Sallatots order, or to abandon a house he has rented from the same; to relinquish a pursuit or calling that was profitabie; and to dispair of employment trom the church, his most liberal customer. With a knowledge of the cha- racters of all persons and their relations, even the most intimate towards each other, the in- formation, of the priesthood is more accurate than the fallacious reports of the best secret po- | lice; and the offending culprit is soon made sen- sible that, in his most tender point he is touched the deepest; but yet, in the stealthy steps by which his happiness or interests have been affect- ed, he discovers only in dimness the vengeance. of those to whom is enjoined the forgiveness of injuries as well as the remission of sins. The people of Mexico, resembling in many re- specta the Gipsies or modern (rreeks, have too much cunning—that low mimic of wisdom—to, be influenced in their opinions of the affairs of this world by their superstitious fears of the next; and in the priesthood they see too many vio- lations of the decalogue to reverence them for the possession of virtues much above other mor- tals. But while their acuteness thus would with- draw them from their spiritual direction, their temporal interests the more forcibly impel them into the arms of the church. They fear not a spiritual excommunication, but they dread a writ from the courts of law; they do not want prayers for their benefit, but payment for a job; a mass is not as acceptable as money; nor, is the elevation of the host more pleasing in their eyes than the raising of a large loan. Every pious, good man, beloved by the clergy, is sure to prosper in this world, for his faith is founded on a rock, in things seen and in coin hoped for. ‘The divinity ot the church, like that of Jupiter’s, is made known ina shower of gold. ‘The real wealth of the church has never yet | been ascertained, nor is it supposed that statisti- cal tables will ever be furnished by those who could best compile them It is true that some of the religious order. such as Doctor Mera, have m t tempt; but their estimates have only been an a) tion to acouracy, without their results being c: verification. ‘Thus, when Doctor Mora states the pro- perty of all kinds.of the whole regula yielding rent or interest, at $149,131 360, he pl low an estimate on the amount cf funds invested in mortgages and personal securities : for thut sum, at fivo per cent, would only yield what he states the revenues to be, via : $7,456,563, by computing the real estate of the church to afford an equal interest with the personal. Now, it is well known that real estate is the only eate place for the investment of capital in that distracted country, and consequently the annual rents are low in comparison with the cash value of the property, especl ally in the cities, where much of it is situated. [ am in- clined, therefore, to believe that the church has larger t its disposal than the above calouletions but as it is the interest of the chureh to change some of its unproductive wealth into cash, it is also its interest to conceal the knowledge of its conver sion. We are gravely informed in histories, tours,travels,ke. the useless wealth displayed in the religious edifices. in the golden images, silver ornaments, and in the robes of saints folaid with diamonds and other stenes, too sacred for the profane to touch, or in some instances to behold. How far the observations of prying curiosity or oupidity in our armies will in time disenchant the public, of such fabulous tales, | cannot foretell; but enough is known to warrant the assertion that w! generally been held to be the most valuable, proves in Teulity to be gilding. plating, braes or tin, beads, glass or paste, with an intrinsic value to be estimated on the e scale with ths precious relics exhibited in the chapeis of the saints ‘The unproductive property in 1932, of the church, has been estimated at $20,031,494, but this is a calcula- tioa partly founded in the belief that all is gold that shines. If such was the value in that year, a great change has taken pia.e sincs then, but my impression is that the change was made long before. | have no doubt that, at one period, the solid metals and jewels were there, but many circumstances, after the revolution, especially in 1832, induced the church to substitute less valuable ornaments in imitation of those removed. The paintings with which the chapels and other portions of the cathedrals snd churches are filled, ave also greatly overrated. ‘'hey arg not the productions of any of the masters, nor are they even copies from the pencils of celebrated artists. The unproductive property of the church, therefore, is not as great, while the pcoducing or active capital, is mach greater than may be supposed. Ifthis immense wealth were controlled by one indi- vidual, or by a few men, intent on the same objects, it would be impossible for the Mexicans to withstand its influence. But itisonlyin spirit matters, or others di- rectly affecting the church that it reigns supreme, and in these it exacts and receives implicit obe- dience from the people. It would receive equal obe- dience on any other subject of temporal importance, were the clergy united in their wishes. But possessing the same passions and foalinge as other men, they ars divided in their opinions and in their actions, and even their interests seem sometimes to be in opposition. An impression to some extent prevails among us in re- lation to the church, that its wealth is held as a common fand, and sdministered by those representing the whole priesthood joint y. The revenues, as well as their pro- perty of all kinds, of the regular and of the secular cier- gy, however, are distinct, nor have the priests belonging to the one any control over the temporal posseseions of the other. Thus the secular funds are administered bee) the canonicals; while the regular, divided among the different ordere of friars or monks, are exclusively under the direction of the order to which it belongs. Some of these orders are rich, while others are poor, and this inequality in wealth contributes neither to the pro- motion of good feeling nor the cultivation of Christian virtues among them. The monks of the order St. Benedict ai most favored in worldly goods aud chattels; nor do they conceal the fact, but,on the contrary, priding themselves on their independence, they form the aristocracy of the church, with sentiments and manners muoh dissimilar to thelr other spiritual brethre: popular favor, but expres he ong without oom sulti joy; and possessing al render their ol ened atceaative 10 the higher amene, they fail not in having them frequented by those whose means most ample, and of strengthening their The St. Augustins, and the Domini- }, are among the wealthy, without the same nsion to its possession. ‘I'hese orders, in feelings and sentiments much resemble the Be- nedictins; and in all questions that may arise not affecting their own order exclusively, they may, from their habits and associations, be accounted as agresing in opinion with them. But another order, the St Fran- ciscans, the democrazy iu robes, the priestly dema- gogues among the people, possersing riches, proclaiming poverty, courting the lower classes, and clamorous at all times in matters not spiritual, have a powerful in fluence over public opinion. In the numerous revolu tions, which in that républic seem to serve the same pur- se a8 OUF Annual elections, being as periodical, and in instances as bloodiess, the Franciscans ore artivans for or against the pronunciamento, coinciding with the mass of the popula ‘Their presence is felt, their money circulated, and their , hogpitals, and forti he Priors ing poverty; neither the Priors Miese of St Benedict, nor the Bois Gilberts of Si. Francisco. The purity of their garments of white wool is not stained by tho wine oup, nor ars their hands with bioodshed. Simple, benevol 1 self-sacrificing, they move among the crowd, as though they were the last of those mea who taug) but is not. Se ea thang discordant materials barmwony oan expected, save only when directed by the head of the ease in things spiritual, or when their interests as parts of it require co-operation, Ambition, jsatousy and rivalry, display themselves iu many forma, such as in church arcuiteolure, gilding, ng, drapery, and fresco painting, which are atill progrossiag as vigorously asatany former period. In these there is as mucu desire to surpass some rival as to promote the glory of % saint, or the encouragement of the fine arts,of wh the clergy profess themseivos patrous oe these objects expended annually; for as on adorning of a new chapel, a picture in oils, another not to be surpassed, has elsswhero an improvement ia a vement of marbies or mos In this maaner, em- Pelltshesente are coustantly mi until the acoumula- ted magniticence renders tho churches gorgeous in the extreme; and often an edi reoted ia honor, anit named after saint, rivals in beauty some of the oaths drals. Nor ie this display of vanity, as well oe of ealth and taste, without an interested object, for as a churoh Decomes celebrated for ite splendor, music, or oMciating