The New York Herald Newspaper, April 10, 1849, Page 7

@ubverting all; but facts prove that the most serious Commotions took place where the governments had Fenounced the war of independence; the fact es that even the largest conceptions of the Yarmest lovers of liberty in Italy were, and are, Anspired with the intention of turning all the energy of the nation to carry on the national war. The Sardinian government, which. first entered upon thas war, consulted only the right and the ill-of the nation, contracted inore particularly the qhliention of continuing it, since the fusion of the mnibarde-Venetian provinces and of the duchies swith the Sardinian States, so unanimously willed the people of those States, had, imposed upon it obligation of defending and liberating the ter- gitories in which the war was carried on. Second- @d by unanimous efforts, by still more unanimous Bacrifices, it did not retire from the enterprise, when it was left alone, after the first glorious sue- esses, on a field of battle on which many unge- merous passions had sown seeds of discord among the Italians. But the days of misfortune came; Sardinia, betrayed by fortune, was obliged to bend to the necessities of the moment; an armistice was woncluded between the two armies. » .) But the strong and unanimous protests which @rose on ull sides against the armistice and its con- ences, convinced the Sardinian government ahat the thirst for national independence could not Be allayed in the Italian people, either by the mis- fortunes they had sufiered, or those they were threatened with, till the last effort had been made. Some hoped that an honorable solution of the Ita- ian question might be obtained by the observance wf that military convention; but the Sardinian go- ‘vernment scon became aware that such hope was “wain, with the pretensions of Austri t ‘of interpreting and executing the said stipulation, ‘and the constant subterfuges and the studied slow- ness in which she took care to conceal her designs. In fact, scarcely had France, to whom the Sar- ‘alinian government had applied for the aid which she had promised, to all those nations that wished ‘to regain their nationality, eoeoset instead of it, hher mediation and that, of England, and scarcely Sardinia accepted it out of respect to those wo grear powers, and from a desire not to endan- wer the general peace of Europe, than Austria im- anediately let it be percei that she had no se- ious intention of accepting an honorable compro- anise, and merely intended to take advantage of athe armistice and the mediation, to recruit her strength, and take measures to restore her shaken empire. This sole idea pervaded Austrian policy from the 9th of August, to this day; this was the motive for all the tergiversation, both open and eoncealed, with which she has for the last seven months been deceiving the good faith of Sardinia and the well-intentioned advances of the high me- -diating powers. } Austria has in several ways violated the express stipulations of rmistice, as well as the inter- national condition of those countries which she ‘was only to occupy in a military way, both accord- ng to the articles of the armistice and the obvious antention of the m ion. She violated them by. Yetaining one half of the park of siege artillery of Peschiera, under the pretext that the Piedmontese troops had not evacuated Venice, but, in reality, to place Sardinia in the, impossibility of re-com- aencing the war. She violated them by hostilities xgainst Vevice by sea and land, Seccee the ces- ®ation of hostilities was sanctioned also for that ‘wonderful city. She violated them by the political Testoration of the Duke of Modena, by all the gov- ermment acts, and by, prescribing permanent mea- sures, which she published in the Lombardo-Vene- tian provinces and in the duchies. She violated them by the excessive war-taxes imposed upon various classes of cmigrants, according to lists «compiled in hatred and rage ; and by the intima- tion to.all the emigrants to return, within a yery short time, to their former abode, under pain of having their property put under sequestration, a Measure equivalent to confiscation. She violated them by the edict of the 5th of January of this year, in which an imperial commissioner directed that deputies of the Lombardo-Venetian provinces should be elected, and sent to Vienna to consult about the political re-organization of those provin- ces. She violated them by all those arbitrary laws, by all those fraudulent intrigues, calculated to give color to the assertion that the revolution was com- pletely stifled in the provinces occupied by her, and that the desire and love for the old state of things had been re-awakened. She violated them, at the fame time infringing the eternal principles of rigbt which! regulate every civil compact, and treating with contempt the sacred feeling of humanity, hy allowing her marshal and his lieutenants to have Xecourse in the territories occupied by them to the Most atrocious exercise of violence, to the most outrageous rapine and most provoking insolence. All Europe has learnt with disgust the details of all the excesses either tolerated or committed by Austrian 1 ry authorities in the Italian provin- ces, and Europe asks herself how a civilized go- vernment, a government which declares itself im- dued with the elevated spirit and sentiments of the present age, can commit or tolerate such acts in our times, R The Sardinien government respects itself, and the people whose fortunes it protects, too much to neglect that measured language which is to be used when a government, even a hostile one, is the sub- ject of discourse. But we really do not know ‘what name to give to certain more recent acts of the Austrian government, in the the territories of which it has the military occupation. Still, what eheck can a government be expected to impose upon itself in the countries it occupies militarily, when it takes upon itself to act in territories in no way comprised within her supposed jurisdiction, as the Austrian government lately did at Ferrara ? And whilst she allows herself such enormities, while she oppresses the provinces occupied by her to such a degree as to threaten their most complete financial rnin, while she spreads among them the seeds of moral deprayity, the consequence of mi- very and the cessation of habits of civilization, Austria daily gives new pretexts to defer the open- ang of the conterences of Brussels, to which she dhas not yet sent a representative to consult with ‘the plenipotentiaries of France, England, and Sar- dinia, that have long been awaiting him. This is anactso little suitable in itself to the dignity of the mediating powers and to the sincerity of their ‘ood cftiees in the interest of the peace of Europe, et Avstris could hardly find an excuse for it her great arte! for the treaties of 1815, concern- ang which, however, she was well disposed to yield in June last, when she offered the provisional maxeramnent of Lombardy the absolute indepen- lence of that country and_ its separation from the empire. After such behavior, it is indeed difficult to foresee how far Austria intends to go in her con- all the rules which bind civilized govern- and we, therefore, come to this necessary conclusion, that Austria has only seen in the bene- volent interposition of the mediating powers an expedient to aggravate Sardinia with excessive charges, to ruin the occupied provinces, to drive the generous populations to desperate attempts, and to sow sceds of discord in the whole Penin- ja. Tn such a state of things the Sardinian govern- ament has felt it its duty seriously to consider its dition of right and fact, its relation with the-mediating powers, and the general condition of Italy, for the purpose of taking a course consis- ent with its honor and with its most legitimate rights. fi 3 . On one hand, it considers the right and the duty incumbent upon it.to provide for all those popula- tions that have joined those of the ancient Sardi- mian States, and their unanimous desire of na- aional indepandeno ; on the other hand, it has weighed all the sufferings of the people of the Lombardo-Venetian provinces and of the duchies, from the 9th of August to the present day, and the dnnumerable sacrifices supported by the whole state in this same period, which loaded the country with all the charges of; war, without giving it either the hopes or the advantages of it. 5 ‘he Sar- dinian goverment also, particularly takes into ac- count :the many manifestations ‘of the national ewill, all concurring in the demand that the country be at last freed from so fatal an uncertainty, and Provide for its safety and thignity, and all coneur- ming 1p the will to jnaintain the ‘union with Lom- handy, Venice, and the duchies. It also took into wonsideraticn the wonderful firmness of those populations, unanimous in their protests, both in Theunsdet of their sufferings in the hands of the enemy, and while subject to the vicissitudes of an emigration so numerous #s to have been rarely Aitrpasssed, and which is itself the most eloquent est—unanimous and unmoved in their national leterminations, either by the threats or the blan- dishments of Austria. ‘It, therefore, felt that a further delay in taking a resolution would have unnecessarily exhausted the strength of the eon ntin the , and perhaps, owing to such excitement in t $e Note © ied by the enemy, and agitation jn te minds of the people of the whole State, ight have produced some sudden movement, ae to consequences fatal to humanity, and to the public tranquillity of this kingdom and of all Ttaly. ether considered, that the regard due to the high mediating powers could not so far oblige Sar- dinia as to bring her to the sacrifice of her own honor and her own welfare, and was convinced that the wisdom of those governments and the fe nerosity cf those nations would have acknowledg- ‘ed that. Sardinia still considered their friendly in- nas a benefit, althongh without a result, terposit! 2 mgh, rr that neither merit on their side, nor gratitude on hers, h d_been diminished. She considered hat as ‘Austria had never accepted any basis of the mediation, and having, on the contrary, prea! times declared, in public and solemn acts, that she would not recede from the treaties of 1815, nor ive up any part of the territories possessed by her fn virtue of them, the very conception became an jlusion. She also considered that if France and England had suffered Austria to take so little heed of their mediation, they could not think themselves she considered that France and England and allcivilized nations must feel how noble .and generous it is of a government a nation who incur the risk of encountering one of the most powerful states of the world, for the sake of ob- tai national independence, and of freeing a part of their brethren from the most eruel oppres- sien, Having, moreover, cast a glance on the state of tat once perceived that the national desire for independence every waere constantly exists. That it vires the people every where with generous passions, that’ even ig: noble and bad instincts prefer that disguise for the sake of outward appearance, and that the fultilm nt of this desire will be conducive to the progress of every beneficial influence, and serve as a check to every bad one. It was further convinced, that the only means of uniting the divided spirit of tho nation, is to stimulate itby example to consecrate itself to the great national enterprise to which they hastened with such enthusiasm in March and April of the preceding year. And having weighed all the chances, examined the remote and imme- diate causes of the Jast events, it has come to the copviction that it is not less necessary for upp Italy than for the whole of the Peninsula to be livered from the present state, in which otherwise the most important conditions of potitical and so- cial existence would be placed in jeopardy. After all these considerations, the Sardinian go- vernment saw that there was but one course open it had no choice but war, and it decided ac- cordingly. as After the many and flagrant violations of the armistice, committed by Austria, Sardinia, whose constituted powers neither recognized nor ratified it, certainly had a right not to consider herself obliged to’ give notice of its cessation ; still she waived this right, to show to the last the respect she has fora convention, though it be imposed, and for those rules and usages. which expediency and generosity have rendered inviolable between civilized nations, On the 12th of the present month of March, the fo rmment of Sardinia has announced to Austria the cessation of the armistice, 3 Europe will judge between Sardinia and Austria. She will pronounce whether, on one side, respect for an imposed convention, moderation and. patience, and, on the other, the infringement of conditions, violence and insult could be carried further; and, in the struggle which is about to re- commence, she will ce: ey not refuse her sym- pathy for those who fight for the imprescriptible rights of nations, and the sacred principles of hu- manity. iene ; The Sardinian doxerninent inyokes such sym- Bethy from all civi nations; it invoks it from the high powers who had already pised their good offices at her disposal; from all those nations who formerly, or at the present moment, fought or fight for their independence, and_know how bitter it is not to possess it, how difficult to acquire it. It invokes sympathy even from Germany, whose similarity of language, vicimty and habits of in- tercourse with the Austrians, should not make her forget how hostile she has been and can be to the restoration of her powerful nationality. It invokes it with more fervor and confidence from the people of this Peninsula, who all, notwithstanding “the faults and errors of so many ages, are still united by their recollections, feelings, hopes and hearts. It is thus the war of national independence is re- sumed. If the hopes of success are not.so bright as in the preceding year, the cause is still the same; it isholy asthe night which all nations have, who are masters of the soilon which God has placed them ; it is great as the name and the recollections of Italy. And, certainly, the wishes of Italy will follow us on those fields where the NE army, and its magnanimous Hing, with his bold sons, gave such @lendid proofs of valor, intrepedity, and patience ; where our brethren of Lombardy, Ve- nice, and the duchies have during seven months suffered the most bitter insults, the most cruel tor- tures. We therefore trust we shall avenge the suf- ferings of our country, deliver with our arms what- ever part of itis in the hands of the stranger, free heroic Venice from its long siege, and found Italian independence. Agostino Curopo, President of the Council and Minister of War and Marine ; Domeyico pké Ferrari, Minister of Foreign Affairs ; Urxano Ravazzi, Minister of the Interior ; Vincenzo Ricc1, Minister of Finance; Ric- carpo S1vgo, Minister of Grace and Justice; Canto Caporna, Minister of Public Instruc- tion; Senasriano Teccuio, Minister of Pub- lie Works; Domenico Burra, Minister of Agriculture and Commerce.” Manifesto of the Rom: Nation: THE CONSTITUENT, ASSEMBLY. Anew nation presents itself to you to solicit and to ofierfriendly feeling, respect, Ra fraternity. Thena- tion that formerly was the most illustrious one on the face of the earth, presents itself to you as a new one. But between the ancient grandeur and this resurrection, the Papal power stood for up- wards of a thousand years. seni of Europe, we knew each other when the name of the people of Rome inspired terror; we have known each other when our name excited pity, You may abhor the memory of that age of dominion and violence, but you cannot condemn us to excite for ever the pity of the world. Which of you would wish to be pitied? The people of the Roman State have de- termined to reform their political constitution, and have created a Republic; and before this great act of the imprescriptible sover ignity of the people, the the Peninsula, Sardis n Republic to all past is destroyed and vanishes. The people have willed it. Who is above the people? God alone; but God created the people for liberty. The peo- ple have willed it, and they need not seek justifi- cation for the pea their reason is anterior to every human act, But, if we turn our eyes to the past, ‘we may with tranquillity contemplate the ruins of the Papal power, much more so than the latter, when it contemplated the ruins of our ancient po- litical greatness. The history of Italy was a tale of sorrow, and a large portion of it wag ascribed to the Papal power, And, notwithstanding, when the Pope came forward and placed the cross on the national banner, the world saw that the Italians were ili to ee the faults of the Holy See, and the revolution oe in the name of a Pope. But that was the touchstone of what a Pope could or could not do. The predecessors of the last sovereign had been too cautious to attempt the trial, and their power was measured _only by the misery entailed upon the people. ‘The last sovereign was the first to risk the attempt, and wished to stop when he discovered that he had revealed a terrible truth, namely, the impotency of the Papal power to render the Italian nation free, independent and glorious; he wished to withdraw from the work ; but _it was_ too late, for Papacy had judged itself. It is hence, that the downfall of Popery has been so near its glory ; the glory of the Papal power was the northern light that’ precedes datieas: We still hoped ; but a system of reaction was the an- swer that came from the Papal power. Reaction fell; the Pope at first dissembled, saw the tranquil- lity of the people, and fled; and in his flight he bore with him the certainty of exciting citil war ; he violated the political constitution, left us with- out a government, repelled the messengers of the people, fomented discord, then threw himself into the arms of the most ferocious enemy of Italy, and excommunicated the people! These facts suffi- ciently show that the Papal sovereignty neither could, nor would, modify itself; and nothing was left but to bear or destroy it. It wasdestroyed. If the etiats of kings, or the toleration of nations, had placed the Papal power in the city of the Scipios and Cwsars, instead of in the heart of France, or on the banks of the Danube or the Thames, was that a rearon for depriving the Italians ef all the rights common to nations—the country and liberty? And if it be true that the possession of a temporal sove- reignty be necessary to the spiritual powor of the Pontificate, although it was not on sucha condition that Jesus Christ promised immortality to his Church, was Rome then destined to become the patrimeny of the Pope, and be so forever? Rome, the patrimony of a sovereignty, that to subsist was forced to oppress, and to be glorious was foread to fall! And, as a patrimony of. Papacy, was Rome to be the permanent cause of the rum of Italy? Reme, whose traditions, whose name, nay, whose ruins, so loudly speak of liberty and patriotism ! Provoked, and abandoned to ourselves, we have effected the revolution without spilling a drop of blood—we have re-edified almost without letting the sound of demolition be heard— we have com- pletely uprooted the sovereignty of the Popes, after faving patiently submitted to it for so many ages— not from any hatred of Papacy, but from love for our country. When a revolutivn hasbeen effected with such morality of purpose and means, it is at once proved that this people did not degerve to be under the sway of Papacy, but was worthy of being its own mastei—worthy of the Republie. It is wor- thy, therefore, of- being admitted inta the hac fa- mily of nations, and of obtaining your friendship and esteem. ¢ Roman republic will bear the stamp of its origin. It will make a free people de- fend the religions independence of the Pontiff, to whem the solicenes ofa republican people will be worth more than a few roods of territory. The Reman republic proposes to the laws of mo- rality and universal charity to the line of conduct it intends to follow, and to the developement of its political life. For the Assembly, Tho President, G. Gaiarrt. Rome, March 2. Anticipated toa reeves Napics and ____ {From the London Nowa, March 20.) We regret to state that advices from Palermo, of the 8th, innounce the determination of the Sici- lians to reject the Neapolitian wtimatum. The Englich and French flects reached Palermo on the th, end on the following day transmited to the Prince of Hutera the missive of his Mu Rad the i The anewer was not publicly an- ofiended if Sardimiapreferred returning to the state in which she was be! offices, in whick she had alw eh ore they interposed th sit Rood | e 3 ath, tthe universe! opinion Was war utlerly umaeceptuble, ane | thet the ecu: titution that the only alternative was war. The admirals declared that they would.stay to the lustmoment of there being hope of an accommodation. The Si- cilans look to none. In order that the English wblic may be fully aware of the nature and cause ef the war about to arise, we will State what are the objections of the Sicilians to the royal off-r. In the first place the King abolishes the hereditary, peerage. ‘The old historie families, the heads of exeh of which have formed the Sicilian upper house from the time of the Normans, the King sets asid by the stroke of his pen, manifesting by this, and by his resolve to have no upper chamber save com- posed ¢f members of his own nomination, his pur- pose to root out ihe noblesse. The only two coun- {ries in Europe that have the materials of an hereditary peerage, and which had kept that hereditary peerage by means of an ancient constitution, were Hungary and Sicily. The des- potie courts of both countries have’ resolved to abolish these hereditary peerages. For our owa part, we cannot be much chagrined to see despot- ism thus doing the work’ of democracy. | Y somewhat sympathize with the liberal aristocracy of Si making common cause with citizen and peasant, and demanding nothing more than their most ancient, well-attested, an tible rights. If Sicily resembled Engl parliamentary privileges of its nobles, it had ano- ther striking point of resemblance in its municipal freedom und Institutions. ‘These seenred. to the lower and middle classes their self-government und independence, and a certain Aepree of political education. The King of Naples will not allow of municipal freedom, no more than of aristocratic right: He insists on introducing the French levelling and centralising system over all, ad- ministering provinces and villages by prefect and police. ‘The Sicilians, moreover, tad a habeas corpus law, and trial by jury. These and all other liberties disappear under the new constitution. The electoral qualification re- quired is absurdly high, and professional yotes, at present admitted, are excluded by the charter.— Such a mere giftof the king, too, every one feels, might be reveal by the same anthority which ives it, whilst the ancient constitution is, and ever has been, a durable compact between prince and people. The grand objection of the Sicilians is, however, to the article fixing the amount of the budget. By this one artiele, the king in reality as- sumes the entire and uncontrolled power of the legislature and the government. Nor need the Si- aan look far for an exemplification of what they are to expect. In Naples, at this moment, the chambers refuse to vote the taxes, being the con- stitutional way of expressing their utter want of confidence in the ministry. The king, however, persists both in retaining his ministry, and in levy- ing the taxes, and this under a constitution also of the king’s own formation, and with an Assembly elected after the laws and conditions which his majesty himself laid down. In the face of such facts, we ask, how are the Sicilians to blame 7— Daily News. Foreign Theatricals. Recently, at the Haymarket theatre, the tragedy of Othello”? was performed, with an interchange of parts between Mr, Charles Kean and Mr. Wallack ; the for- gentleman personating the Moor, and the latter ‘for the first time togethor. ¢ Surrey theatre recently closed, and will re-open on the 19th, under the solo management of Mr. R. Shepherd. A London paper states that Buckstono and Mrs Fitzwilliam appeared at Newcastle-on-Tyno, on Frida; the 2d inst.; at Durham, on Saturday, the 3d; at Live! ol, on Monday, the Sth; at Chester, on Tuesday, tho th; at Macclesfield, Wednesday and Thursday, the Tth'and 8th; at Stafford, the 9th; and Saturday even. ing, tho 10th, at Manchester; thus acting at seven dif- ferent theatres in cight evenings, The above-named establishments having been thronged on each occasion, the cant of decline of the drama cannot apply in thess instances, Alexander Fesea, @ musical composor of well-known talent, died at Brunswick, on tho 26th of last month. Chi Advices from Ilong Kong, are, dated January 30. They say:— *Allremains quiet in Canton, and the Chinese new year has passed over or We do not hear of disturbances ofany kind. The authorities have used every precaution to preserve cuter, and sol- diers have been constantly walking their rounds in the back streets, ‘Their unusual appearance may, in some measure, no doubt, be connected with the April question and epening of the city gates. Lit- tle or no alarm is at present expressed on the point, though it is generally known that the Im; erial Commissioner is to have an interview with her Majesty’s plenipotentiary next month, when it is thought the naval commander-in-chief, Sir Francis Collier, will take to the Bogue the Hastings 74, the steamers, and other vessels of war, which may have the effect of preserving quiet.” Forrest ———— i Macrendy—Another Letter from Mr. Forrest. [From the Pittsburgh Morning Post, April 5.] New York, March 29, 1849. My Dear Sir:—Having in my last letter dis- posed for the present of Mr. Macready’s card, I shall now proceed to the examination of my own. In that card, I said “that I solemnly believed Mr. Macready had suborned several writers of the Eng- lish press to write me down ; and that among them ‘was one Forster, who, even before I had appeared upon the London stage, attacked me, and con- tinued his abuse at every opportunity afterwards.” The truth of this declaration I shall endeavor to proye by circumstantial and other evidence ; pre- mising that when aclique attempts, for selfish ends, to write down one who never oflended, they natu- rally set to work in a way to escape detection, and Rouen rather than direct proof is to be re- ed on, My first appearance at Drury Lane theatre was on the 17th of October, 1836. In the Examiner of the previous day (Sunday,) appeared the following notice, written by John Forster, whom Mr. Ma- cready ‘has the honor to call his friend.” “An American actor of some celebrity, Mr. Forrest, makes his first appearance at Drury Lane theatro, on Monday night, in what the bills call “a new tragedy.”’ The tragedy is not new, but we will forgive tho in- tended deception if it turns out to bo good. It was written many years ago, ky Dr. Bird, of Philadelphia, and has been pi nyod by Mr. Forrest in all parts of the Union. The subject is the revolt of Spartacus, the Roman gladiator, and it is said to be specially adapted both in subject and treatment, to the singular physical strength and great energy which are tho characteris- tics of Mr. Forrest's acting. It implies little for its literary merit to have heen written on this pelssipte.? Ilere you will perceive the animus of the writer, and that this article was designed as the text for all his subsequent comments. He (dipping his pen in malice) went to work with a fixed determina- tion to do all in his power to serve his patron, and to defeat, if possible, the triumph which afterwards attended me. He does not, to be sure, wiry. con- demn both author and actor before he had heard them, yet by disingenuous implication he does condenin both, He will * serie the intended deception,” he says, “if the play turns out te be good.” A prejudiced Englishman will never ad- mit that anything “good” can come from Ameri- ca ; and this is particularly true of Mr. Forster, as I shall take occasion hereafter to prove. But why should he jitalicise the six words, as marked by him in his preliminary notice, if he had not re- ceived his cue (doubtless from his “eminent friend,”) to make this the ground work of at- tacks, which he afterwards assumed with so much violence? Is there any indication in this that he gil sets with patience and decide with impar- tiality In the Examiner of October 30, 1836, Mr. For- ster no longer seeks to hide his malignity ; and in a critique on my Othello, by false premises, and by deductions not founded in truth, he endeavors to draw conclusions adverse to my claims as an actor. After remarking that ‘national politeness, so,to speak, has nothing todo with a question of this sort,”"—wbich, being interpreted, means— “Mr. Forrest is an American; and although his couptry-men treat our actors with kindness and courtesy, that i# no reason why I should imitate their example.” Mr. Forster then adds: “There is a vicious style in art, which the public taste should be carefully guarded against, and Mr. Forrest is one of its pret eeors.” * * * * “The beauty of Othello’s moral attitude in this econo (the eouncil chamber), consists in its assured quiet, and as it were, picturesque, dignity. Now, Mr. Forrest began the specch with au alfected appeal to the excellence of his jud, Tt was just as Sir James Scarlett used to address bia twolro friends of the jury box :== ‘My very nobleo—and approved——good_mastors!’ * Comment upon this is unnecessary, for all those who know me, know well that this is but a “weak invention of the enemy.” ig Farther on, in the same. criticism, Mr. Forster says: “ The actor who supposes Othello to be sim- bly a jealous man, has not read Skakspeare ; jea- lousy is not the grand fentnre of his passion.” What exquisite wisdom in these sentences! Who ever supposed that any man could be simply a jea- lous mon? ‘The sentiment of love must of neces- sity precede that of jealousy. But if jealousy be not ihe grand feature of Othello’s passion, pra: is? Mr. Forster, like his ‘ eminent friend,” convenient knack of saying one thing and ning another, In this very article you find this sapient critic eating his owa proposition. Hear him :— © Tmmedinti © tho grand passion of tho play nas, Shal seized an opportunity, in his ine Faite art & to show the weak point through ised vhich he means to etrike Othello, interference in the night slight bulfing wp of his Af Where is the grand The scenv of his rawl of Cyprus betrays a can blood:"? sion of the play first exhi- bited | Why, inthe third uct. And what is the seene } ly before it?) Why, the scene of Cthello’s interference in the night bra The nd pascion ef the play then is jealousy, Whose alemy? Why, Othello’s of course. Tat it were # prcat warte Cf time, and your pationee to follow this vedient critic through all his “ quirks and qudcitie: "Suffice it to say, that in my perform: nce of Othellc, ic found no goed whatever. I had | in question brenthe tho very soul of pathos, rigid and compressed style of Edmund Kean.” I had ‘no antellectual comprehension of wht I was about”—“T had closely watched the perform- ance of Mr. Kean, and had brought from it only the most vulgar and obvious points, certain phy: quisites—sound was substituted for sen tender word eceurred, it was spoken ten ¥ here a fierce word, fiercely. peyond control, All he said an done mechanically.” Now would apply justly to but one man that ever walked the stage, and thet man is Macread H this violent and absurd attack—absurd bec wuse its purpose was dete y its apparent malignity— Mr. Forster Jesuitieally remarks: “We hive spo- ken thus of Mr. Forrest with much regret, beeau we had been led to expect better things of him, and it is alraya a more grateful task to praise than to me. But it isa duty we owe to truth, (to Ma- cready he means,) to write what we have written, and the rather as we see the ‘exaggerated tone of praise’ (aye! there’s the rub!) ‘assumed by our daily contemporaries.’ ” i Mr. Forster would have added to this, had b uttered his thoughts; “and we have spoken t of Mr. Forrest, for that he has had the temerity to place himse' and alone against the combin- lent of our English stage—Mr. Macready, Mr. Charles Kemble, and Mr. Vandenhoff, who are now acting at Covent Garden Theatre at 1 duced prices from those eharged at Drury Lane, where Mr. Forrest is playing, and yet mepepnle throng the avenues to see this Yankee, whilst my ane Apollo is acting to comparatively empty nches.”” My success at Drury Lane Theatre, worked Mr. Forster into such a fury that his ravings were at last noticed by seyeral of his contemporaries. ‘The following is cut from the London Constitutional of Wednesday, November 9th, 1886 ; who its au- thor is 1 never knew; but it is curious to observe how fully and completely some of my charges against Mr. Macready are corroborated, and by an English witness too. [From the London Constitutional, November 9, 1836,] THE EXAMINER D MR, FORREST. An ovening journal has placed in a just and perspi- euous light, somo of the obliquities of criticiam with which Mr, Forrest hay been assailed. In selecting the Examiner, our contemporary has fixed on an. assailant who is but one remove from the most virulent of thoxe who haye joined in the discreditable. warfare, Tho writer in the Examiner ix not a critic, but a cavillor— tho very antipodes of Leigh Hunt, who found * good in * He is of tho genus iritable—tho horso-tly The once theatrical writer in the Eza- miner—(wherefore no longer s0?)—took with him, to his tusk, philosophy and sentiment; the present, inis- anthropy and distrust, Ono sought out and gathored sweets. and rendered them still more sweet; the other hunts after blemishes, and strives to make them repul- sive. ‘Tho eritie would have appreciated and sympa- thised with the high dramatic genius of Mr, Forrest; the caviller. unable to grasp and comprehend a beauti- ful whole. incapable of measuring but by seconds and syllables, seizes on a single defect, real or assumed, and swells it out by prejudice and acerbity, until it be- comes as monstrous as his own conceit.’ Kach after his nature. But wo are keeping our readers from tho enjoyment we have experienced in w perusal of the comments of our contemporary :— “ Mr. Forrest repeated his performance of Lear last night; but, as we noticed his first appearance in this character at some length, on Saturday, we recur to the subject only for tho purpose of answering somo objec- tions urged against Mr. Forrest by a Sunday conten. porary, who boldly aswerts, that his Lear is little, if at all, removed above the level of common place. Our contemporary is often just in his theatrical noticos, giving reason “for the faith that isin him,” but, in in the present instance, he appears to writo ina head- strong apirit of partizanship—just as ihe was annoyed that an American actor should claim a first-rate rank in his profession and bear away the palm from Ma- cready. And, aa if also, he wero desirous to show how completely he is in the right, and tho rest of the play going world in the wrong in their estimate of Mr. For rest. Now, wo dislike this perverse, crochetty spirit, in criticism, and have yet to learn that cecontricity is discrimination, or prejudice profoundness, Our con- temporary begins cting to Mr, Forrest, that he played Lear, as sh, fond old man.” Well; and this general conception of the character is the right one ; for in what other way would he peraonate the royal dotard, who gave away kingdoms in return for foolish speeches, and banished an old and. tried friend for merely daring to show his disinterested: Fle- vation of mind and ent aro not the natural cha- racteristics of Lear; misery, it is truo, takes him out of himself, and for a timo lifts him into the world of ima- gination; but we find him, in tho pauses of the mental tempest, ‘constantly falling back on his original self, The royal dotard; the creature of conventional habit all ayer; and no miore to be considered a lofty or intel- lectual personage, ‘for the sublime analogy of his sor- rows,’ as our contemporary sublimely phrases it, than the Duke of Wellington is to be considered an orator, because he once delivered an eloquent and impassioned xpeech on the horrors of civil war, that took the lords and the country equally by surprise. Again, our con- temporary insists that Mr. Forrest's sorrows do not issue “ out of a great breach in nature,” and “ assume a privilege of preternatural grandeur”’—in other words, that they are not unnatural enough ; not suflicientl atilted or unintelligible, like the objection itself, which recommends the issuing of a“ breach " out of & * pri- vilege,”) a very original objection, truly, and one, hap- pily calculated to disturb what Philosopher Square ed to call the “fitness of things.) The critic goes on to observe that Mr. Forrest's quos- tion to Goneril, “Are you my daughter ?”—whieh, by the way, was ont of the finest pointa in his performance —thould have had @ Shideous and dream-like s ” What quaint, captious hypereriticism is this? was the actor to convey the notion of a dre sound? Was he to do it through the medium of snore, or show that he could make his yoico “hideous? by roaring like a Westphalia bullock? A tragedian who should adopt the critic's suggestion in this pas- sage, instead of delivering the interrogatory in a tone of distrust and heart-felt bitterness, would very soon have leave to absent himself from the boards of an English theatre. But the thing is impossible, and we have George Coleman’s word for it, that “What's impossible, cant be, And never, never comes to pass. “Mr. Forrest,” adds our contemporary, “threw him- self on his knees for the delivery of the curse with fino effect. But he should have thrown his head completel; back, instead of thrusting it forward.” Now this is undiluted drivel. Lear was not taking a garglo sore throat, but imprecating a curse. He was in the attitude of deep, impassioned prayer, asking from the Deity that which he felt assured would be granted tohis invocation Had ho “thrown his head complete- ly back’"—we say nothing of the burlesquo figure he would have cutin such an attitude—he would most un- questionably, at hix age and with his physical weak- ness, have cracked his occiput against the mother carth, « The terrible imprecation,” pursues our contemporary, “was afterwards given to an explosion of rapid aud convulsive passion.” Of course it was; and if the critic, dixmissing his crotchets, and his strenuous de- sire to be thought to see farther into a mill-stone than other folks, will but condescend to weigh well the thoughts and images of which the curse i4 ma he will sce that it could not with propriety her given otherwise. Is there no “phrenzy of rage— “convulsive passion? in Lear’s supplication to “na. ture,” that she will “suspend her purpose” and “eon- vey sterility” into the “womb” of his own child? if this be not passion exasperated to phrenay, we know not what itis. The critic, however, insists that the curso “wrought its passage from a heart that was abso- lutely breaking in the effort,” whereas the heart was all cnergy—not “ breaking,” but strung, for the time, tothe extreme point of tension. Our contemporary proceeds to say, * Mr. Forrest's ayo, every inch a king,” Was good, though mistaken in its spirit, for thoxe words, we think, do not imply a clinging to the notion of rank, but rather a little satire the other way.” Every trait in Lear's character, disproves this perverso assertion. He is, throughout, tho creature of conventional habits. Royalty is his second nature—over, uppermost in his mind, oven where disowned and unhoused, a beggar in the storm. His very first causes of complaint against his daughter, sre that she had shorn him of hix appen- dages of state. by dismissing five and twenty of his train—put his “fellow” in the stocks, even in the royal prescence, and kept tho royal father awaiting the arri- val of his’ child and subject, In fact, allusions to this monsrebical dignity aro constant ‘throughout tho lay; and in laying duo emphasis on these, Mr. Forrost as ‘proved that he rightly apprehends tho text of Shakspeare. Our contemporary further objects that the actor gave these lines— “T tax not yeu, ye elements, with unkindness— J never gave you kingdoms, called you daughters, You owe meno obedienee—hore I stand your slave; A poor, infirm, wes d despised old man.” in “very tender terms,’’ Our critic will, we suspect stand “gloriously alono” in this objection, ‘The lines The allu- sion to the daughters” here, ix no longer in « frenzied or vindictive spit, but in ono of sad regret—of heart- felt tenderness, of deep, hopeless despair, in which, however, there i not one particle—not the most distant approach, to any thing liko fierconuss or active energy. We have dwelt, perhaps, on our contemporary's objec- tions, at more length than they deserve; but our solo motive for doing xo, has been from a principle of fair iy. In closing z How by a lay. P Wo dislike to mo an able man attempted to be sacri- ficed to w crotchet; di ed in order to suit th purposes of a cli are many pedantic critics now living, of the words-catehing genius, “Who view In Shakspoare moro than Shakspeare know,” and who, though apt to be sadly perploxed, by an ob- viour beauty in. tho grent dramatist, aroin ‘ruptures with a recondite or a doubtful one, which has oscaped all eyes but their own; and our Sunday contemporary— at loust es regards his prosent criticism—is evidently one of these, He ix great on all small points of criticisin; we protest, therefore, against his compotency to sit in judgment on Mr, Forrest's Lear. , ‘ Lxpect to hear from me again, on this subject, in a few days. Yery sincerely yours, EDWIN FORREST. To Wiiuiam H. Sarr, 1sq., Pittsburgh. Domestic Miscellancy. There were 123 deaths in Philadelphia, for the wock ending Saturday last Elijah Ball, for 30 years confined in the Rhode Island State prison for the murder of his wifo, died on Wednes- day of last week. John Sullivan was recently murdered, near Vieks- burg, Miss., by John Callahan, Ramon Flores has been convicted, at Now Orleans. of the murder of 8, Setto, without capital punish: 4 The Massasolt House, at Waltham, Mass., was do- stroyed by fire, on Sunday morning Inet. Loss, $30,000- A passengor on board the steamer N: was rob- bed at the Tremont House, in Boston, meena lest, of 160 sovereigns, ($7,260.) A train of cars, on tho Oswego railroad, was thrown off the track, on Friday Just, near Byractue im conse, quence of a fen Levens J ‘on the track. Kn Ores Was capsized, but the passengers wero unhurt. Orango Vebber, tho fireman, bad his kneo fractured. Important to Aliens—Their Eligtbitity to Hold Real Estate, NEW YORK COMMON F ASIN BANCO, Englishbee, vs. Simon Helmuth and Mary 11 Phis action was brought to recover proporty stroet, ‘Tho property was bought many @ sheriff's sale, by James Englishh b. plaintiff; he died befe » becam nveyed it to her in trust for ‘Thore wero no heirs, and the administratrix ined # patent from the Commissioners of the Land Office, granting the land to her under the act of 1833. Tho plaintifl, afterwards in 1347, obtained an express act of the Legislature, giving him tho property, and brings this action to recover posxexsion, OPINION. There is no foundation for the bill of exceptions. An act of the Legislature, whethor public or private, cannot be impeached in a court of law, upon the grot that it was procured by means of fraudulent reprosen- tutions made to tho Legislature, or by the concealment from that body of material facts. If there was authori- ty to enaet it, and it has gone through the necessary forms of legislation, it is binding upon courts fof justice. and they must respect and carry out its provisions. If huprovidently passed, the remedy is by an applicn- tion to the Legislature for its repeal, By the sheriff's deed, the administratrix took a naked estate in the premises, which, upon the failure of heirs, ese! the State. Where the title to land fails, from heirs, it rests and excheats to the people, property is vested. 2 R. § It would not vest in the administratrix upe ure of h for the rule in Burgess vs, Wheate, | Edon, tate vests absolutely in the trustes, upon of a cestui que trust, has never been re ised in thiscountry. 10 Gli and John, 443; 3 Leigh, 518; 2 R. s But, as she took tho legal estate in trust, for heirs. her right to hold it would bo presumed until of- fice found, ax every man is supposed to have heirs until the contrary is shown, 7 Wend. 367, ‘The contrary, however, appears in this case and takes away the pre- sumption, for it iy found by the special verdict, that James Englishbee had no children, and that he left no heirs who were citizens of the United States. As thore were no heirs, therefore, who could, when the shoritf conveyed to the administratrix, take benoficially, the title to the land passed, by operation of law, to the State, Comyn, Dig. Prerogative, D. 70. 4 Kont, 424. Francis Englishbec, being an alien, could not take as (unless by the enabling operation of tho act of 1847). An alien cannot acquire a title to real property by dexeent; nor could tho plaintiff take by purchase. a citizen wh the shoriff conveyed to trix, ho must have taken by descent, ‘Titlo to land, when distinguished from title by escheat, or forfeiture, is derived by descent or purchase. In the former caso, by operation of law; in the latter, by the act or agreement of the party. ' He could not, there . tako ad purchaser, An alion resident may pur- chase land, or take it by devise, and hold as against every one but the State, subject to the right of the State to divest him. But the plaintiff acquires no se or devise. He could only take by heir of his brothe: nd from which he was barred by hisalienage. Mary Englishboe acquired no title by th Woe are not precluded from ac- quiring, wh ssioners had any authority to issue it, or rathe her they had wny authority to release the land. "A patent is to be avoided by scire JSacias, where it has been obtained Incans of some fraudulent suggestion, or by the concealment of a ma- terial fa or where it has issued by mistake, or in ig- norance of some material fact. In such casos, the writ of scire facias is the appropriate, and perhaps tho only, remedy. 2R. 8., 673, But if it is void upon its faco, or has been granted without authority, it may be disre- garded, as matter of law. 10 Johns, 6Con., 281. ‘The patent here was void upon its face. The act of tho 29th of April, 1833, under which it issued, was an act appropriating publie property to private purposes, and did not receive a two-third yote. Const. of 1821, art. 7, sec. 9. It is not so certified by the presiding officer of each house. 1R. S. 102, (3 and a releaso of eschcated lands under it, is therefore void; The act delegates to the Commissioners the right of appropriating public property to private purposes, a power which the legislature cannot exercise nor confer without a two-third vote. It suthoriaos them to lease to any citizen or resident alien, tho interest of the State in any land, of which the owner died seised, without making a devise, and leaving no heir capable of inheriting. ultimate property in all lands within the State, ix in the people, in virtue of their right of xovereignty, and the title to it, upon defect of heirs, vests at once in the State. 2, R.8., 2,91. Where owner of land dies seixed, without heirs capable of riting, or where an alien dies, who has purchased lund or taken it, by devise, the land instantly, and of cssity, without office, found vests in tl the freehold cannot be kept, in abeyan Cases, 113; 4 Kent, 424; 2 oT State being absolute, the erty, and cannot be appropris viduals for their privat nefit, without a two-third yote, It is undoubtedly competent for the legislature, by a majority vote, to abolish eschoats, or puss a law regulating tho succession to real property. But this is not a law of that nature. It is not an act abolishing escheats or declaring that a particular class of persons may inherit, who were before under disa- bility, or giving up the right of the State to all land which had escheated or might thereupon escheat, but an act authorizing the release of a certain description of escheated land to private persons, which iv an ap- priation of public property to private purposes. reservation by the State of a cortain per cent: upon the yalue of the property given up, does not chango it from an appropriation into contract of sale. There is no consideration 1 ate receives no equivalent. ‘Tho party obtaining the land gives up nothing, nor incurs nor assumes any obligation in con- The per centage ix deducted from the value J, and is not a consideration paid by the party to the State, It ix a gift or appropriation, and nothing else, As the premises in question excheated, after the pasrage of the act, it has been urged that, though it might be void ax respects land which had escheated before its passage, it would be good ax to land which should excheat thereafter, But I think an. set appro- priating to private purposes public property whieh the State might acquire thereafter, is as fully within the constitutional provision as an act appropriating pro- perty actually in possession, To anticipate the future acquisitions of the State, is as objectionable as to vote away what it has already in possession. By such pro- epective legislation, it would be possible to evade, in a very great degree, the salutary restriction intended to be imposed by the two-third yote. But, if tho act were constitutional, the commissioners had no authority under it to release this particular piece of proporty.— They are restricted to. cases where the owner dies mate of lands, without making a devise and leaving no heirs capable of inheriting; and Jamos Englishbeo was never toixed of the premises in question. Seisen anciently given to indi- denoted the possession ofan estate not less than a free- hold, and the word in its present signification indicates the possession, or an absolute right to tho possession, of such an estate. There is seisen in fact, and seisen in law. In fact, when the party isin possession. In Law, where he has the right, asin case of descent, to the possession, So there may be equital on, a4 in con- yeyances in trust. The trustee is at law, and has the legal estate and the cestui quo trust is deemed seised in equity. 1 Cruise, 406, §3. Seisen, in cither of these cases, would be sufficient for the purpose of this statute. But the peculiar interest which James En- glishbee acquired as purchaser, at the sheriff sale, was not of such @ character as to render him seised of the land,in any sense in which that term has heretofore been employed. He was not in possession, nor had he an abso- Jute right tothe possession. It was contingent and not absolute, His right to a conveyance might be defeated by redemption at any time within tho fifteen months, In ton chee of equitable seisen, the possession is postponed until the termination of tho trust estate, but the right to it is not the less fixed and absolute. But, in Eng- lishbee's case it was wholly uncertain, That he should become entitled to a conveyance, depended upon con- tingencies, the happening of which were unknown and unascertainable at the time of his death. It wasa mere legal possibility, an interest altogether too un- certain to constitute seisen. It is evident, moreover, upon reference to the statute regulating’ the sale of real property upon execution, that the logislature did not intend that the peculiar interest which they cre- ated in the purchaser before conveyance, should be equi- valent to xcisen, By the §63 the right ‘and title of the judgment debtor iv not divested until the expiration of the fifteen months: he is therefore the party seised, and not the purchaser. After conveyanco, tho sheriff's grantee is vested with the legal estate from the timo of sale, to enable him to bring waste, which would consti- tute seisen; but the grantee here ix the administratrix. Sho, for that purpose, may be deemed seised from the time of sale, but not the purchaser, By the §66 it ix provided that the real estate, after conveyance to the representatives of a deceased purchaser, may bo sold for the payment of his debts, in the samo manner as lands whereof he died scised. Now, if the framers of the statute had designed that the purchaser should be scixed before conveyance, or that the conveyance of the sheriff should havo ‘a rotroactivo effect, 6 as to render the purchaser scised from the time of sale, this * id under the general. provision 4 R. 8-166, section 22, which authorizes the surrogate to order the sale of any lands for the payment of debts, of which # testator or intestate may have died seised. Tho plaintiff has acquired an absolute title by tho act of 1847, It re- Jeaxex to him all the rights, title, and interest of the Stato in the premises; it invests him with all the p title, rights and actions which tho State poa- ‘eeaed before the passage of the act, to obtain possossion of the isnd and authorizes him to take hold and dis- pore of it, the same asif ho had been a citizen at the time of his brother’s death, Tho right of the Stato to grant lund, of which the owner died seised, without heirs, before office found, is denied by Suther- land, J., in Jackson y. Adams, 7 Wend. 367. Ho saya§'it any natural born citizen dies without heirs, his lands excheat, but the State has no right to enter and take possession until office found, and any grant which they may mako of such Ianda, by patent or otherwise, can convey no title, because, until office found, the State had no title, as every man is presumed to have heirs until tho contrary is shown.’ But ho refers to no authority, and I take the law to be otherwise, The State cannot divest an alien who is in ion by purchase or deviro, unless by inquest ‘of office, or b; judgment in ejectment, which is our substitute for i » Where a native or naturalized citizen dies without heirs, the descent is cast_ upon the State. Staunford’s Prerogative Regis, 54, 8, Willion y. Borkley, Plowd. 229. Comynr's Digest Prerogative, D. in Ab Office, D. 70. Vi 15; and the power to grant is incidont to the legal title. At common law, office was necessary where tho King catered for a forfeiture, Plowd 229, or upon condition broken, Id. 213, or upon attainder for treason or felony, Brcoke, Devent Escheator 38, ot upon lend, purckared by the King's villicn, Fitsh, Vilienge, 23. or held by an alien, 16 Vin Ab 79, or by @ cor- poration in mortmain, Br, Prorog. 115,'a, or inward- +hip, Br. Devant Eecheator, 65, or by alienation wit out license, Breoka Traverse de office, 22, But whore his tonant in copite died leaving no heirs, the inheri- tance paxred to the King without office, the reason for which in very clearly stated in William v. Berkloy, Plowd. 220, In that caso tho question arose upon an exception tos replication setting forth that the Mar- quis Berkiy, who held immediately from the King, 5 died without heirs, whereby the King became entith Ke, ‘Vo this it was excepted that tho replication con- taincd no allegation of arly offioe found, proving that the Marquis died without heirs of his body, whieh been done; and it was argued that bis rk was matter of fact, aud without ¢ King had no title to emtry, ae his death and the sheritt | there ought to be matter of record to fo the matter of fact, which givesjs title to cotey in the King. But the whole court were against exception, and it was said that the freehold must of necessity be in seme one, for which reason, it should not ba’ in sus- \ therefore, when the estate was determined rauis, the law cast the possession upon the As the freehold is in him before office, it is idle 4n office to convey that to the King which the 4s conveyed to him, Under the feudal tenures, land, upon the failure of liens, escheated to mesno Lord or to the King: and as the lands wero gone rally held of moesne lords, instances of escheat to the rare. except of his immediate tenant in ea- pite distinetion remained after the act of 12 C. 2C. 24, changing the ancient tenuros into free and ecmmon socage; for ax that act preserved the rent and ices to the lord, the land was still held of him, and he was entitled upon tho failure of heirs to the eacheat But where all badges of tenure had been noglected to be preserved, and could no longer be known of whom the lands were mediately held, then the King, as the great and chief lord, had them by escheat, for to him fealty belonged, and of him they were held by pre- sumption of law, and without the peasedly of proof. Boothe, 135. Cr, Eliz. 120. 3 Cruiso Dig. 496. Coke Lit 194, 13, a, note I. There being no tenures in this State, the State, with us, ax the ultimate owner and proprietor of land, stands in the samo relation as the King at com- mon law, and is entitled to the land without office, Ruan he death of an owner who has left no heirs. ‘There could be no occasion for office, except for the purpose of ascertaining, as matter of fact, whother the owner died without heirs, But I haye shown by the authority from Plowden, that that was deemed unneces- sary to give title to the King. It was doubted in Doo 4. of Rex. and Haynes vy. Redfern, 12 East, 96, whether the right and possession must be presumed to. be im- mediately in tho owner without office, upon the death of the tenant last seised, as if he wero the King's im- mediate tenant, where the King’s title did not appear by any matter of record. ‘The point was not passed upon, and was but loosely {considered, Lord El- lenborough thought the caso was distinguishable from that of the King’s tenant in capite in which the tenure was of record, and by which the king’s title appeared ; but where the tenure was not of re- cord, it was wholly uncertain under whom, or by what tenure, the tenant held, Ho appears to have thought, that inquest of office wax necousary in sucha case, that the tenure might be ascertained, aud mado matter of record, before it could bo presumed that tho estate was in the king; and perhaps there was some reason for this distinction, for it was a part of the law of tenures that the king could not take or grant, except by mattor of record. Doctor and Student, ch. #, 2 Coke, Plowd But tenures have ceased to exist in this country. We have abolished them in this State, with all thelr inci- dents, The reaxon, ther hich induced Lord El lenborough to think office necessary, is of no applica. cation with us, The right of the king to grant escheat- ed land was restrained by the statutes of 8 Hen. 6, ¢ 16, and 18 Hen. 6, ¢. 6, until inquest of office was ro- turned into the chancery or exchequer, But those statutes aro limited to grants or leases to farm, made by the chancellor, treasurer, or other of the king's of- cers, and not to grants or gifts in feo simplo or tail. Dy- er, 146, 8, ‘They did not apply to cases where the king was entitled to’ possession without office, ag upon tho death of his tenant in capite without hefrs, 12 East, 101; and I think they have no application, for any pur- pose, to the law of real property, as it exists at presont in this Stato, If the legal title is complete in the State without office, the power to grant, as | have before re- marked, ix ineident to it. Where the crown acquired title, without office, its right to grant was undoubted. ‘The State is invested with the same power which tho crown possessed, and the grant to the plaintiff, under this is good, does not bar heirs, if there be any living who are capable of inherit- ing, when the owner dies. Its right to grant can be inquired into, in an action between the hoir and gran- tec, A conveyance by the State, however, after judg- ment in ejectment, would bar the heir, unloss ho in- stituted an action within five years from the docket- ing cf the judgment, 1 R. 8. 324, § 4, while if no pro- cveding be taken by the State, he can’ recover against the grantee, until barred by an adverse possession of twenty years, ‘This ‘act removes the disability of alionago under which tho plaintiff labored, and authorizes him to take, hold, and dispose of the land, the xame as if he had been a citizen at tho time of his brother's death. This presents the question whether the State has not the power to authorize tho plaintiff to take aa by descent, ‘To enable a party to take by descent, he must bave been entitled when the descent was cast, for if not then en- titled, the estate passes to next person haying in- heritable blood. But if no such person exists, and the Jand is in, or must go to the people, I seo no objeo- tion to the Legislature removing the disability of an alien heir, and authorizing him to take ae by descont, ‘Tho State could not, by a special act, authorize an ien of nearer kin’ to take, to tho exclusion of a of kin more remote, for it would bo divesting xwho had acquired a title under the genoral low of inheritance. But where there are no heirs who can be affected, and the property isin, or must como tothe people, the Legislature should have the power to authorize a party to take it, as by descent, or in any other manner, 1 John’s, c. 401, 10 Wend. 9, 12, Id. 342. If this view. bo correct, then, though the legal estate remained in the administratrix, the plaintiff would bo entitled to take a4 hoir or cestui que trust, by the enabling operation of this statute. and haying a legal estate cqual to his benefl- cial ret, coupled witha right to the immediate posse uld maintain this action, 2 R. 8,12, § 47,4 Denis. ‘Tho estate, however, did not continue in th nistratrix, she could hold the land but in and as there were ho heirs, | ean come clusion but that it instantly vested in e Was no trust to oxteute, ‘It is easen- tial to the existence of a trust, that there should bo « cestui qui tr No trust wax created by the sheriff?” conveyance, for there was no heir who could take bene Acially, The State cannot stand in the relation of & cestui qui trust, for St does not tako benefleiglly ax, heir, Dut if at all, in virtue of its right of sovereignty, ax tho ate owner and proprictor of the From the fan individual proprictor, the land escheaty to wople. as forming part of the common: stock to which s community is entitled. If # is not y to institute w preliminary inquiry, in the ofan inquest of office, to ascertain if thore be rs, but the State becomes possessed from the fact of the defect, then its title is complete, and it had the right to make an absolute grant to the plaintiff, This act has been carefully framed with the view of trans ferring to th 'y right which the State had at any tim’ ixes. “It Is comprehensive as language can make it, and I think his title under it must prevail. 1 PRESENTATION Ov A Sworp To Gey. Wortn ar New Or.eans.—Yesterday, pursuant to ar- rangements previously made, the sword voted b the Legislature of Louisiana to Gen, Worth, indi- cative of the sense of the people of the State of his high achievements at the siege of Monterey, was presented to that gallant officer by Goy. Johnson, in the ladies’ parlor of the St. Charles Hotel. The ceremony was a very impressive one, and took place before u crowded assemblage, consisting of the most eminent of our fellow-citizens, civil and military, now in New Orleans. : At I o'clock P. M. the Governor and his staff, Lieut. Gov. Landry, Brig. Gen. Augustin and staff, Col. Farrar, Speaker of the House of Representa- tives, with a large number of the officers of the militia, in full uniform, the veterans of 181415, and a body of our chief citizens, formed in proces- sion in front of the State house, marshalled by Col. W.H. Palfrey. Preceded ie aband of music they marched to the St. Charles Hotel. Here were as- sembled a considerable number of officers of the United States army, surrounding the hero in whose honor the Sot ceremony was to take place. There were present Maj. Gen. Gaines, commander+ in-chief of the Western Division, and staff, Maj. Gen. Worth and staff, Maj. Gen. Brooke and staff, Col. Duncan, with other officers and visiters.— Gen. Worth took post between his two veteran companions in arms, Gens. Gaines and Brooke.— ccial provision was unnecessary ; tho land might be | The procession having entered, a circle was torm- ed, and Gov. Johnson stepping forward, addressed the gallant Worth. he glittering weapon was then handed to Gen. Worth, amid a burst of acclumations that sh the very walls of the spacious apartment. Whea they had subsided, he, in a clear voice and mea- sured accents, thus replied — Govrrnor—I reecive with respect and gratitude this token of the kind appreeiation of tho State over which you preside a6 Chief Magistrate, Under all circum- stances the most grateful offering to = soldier's ac: ance, its value is enhanced, coming as it does from the ever patriotic and chivalrous State of Louisiana—e State always foremost among the first in tho career of patriotism and sacrifices for the general good of a com- moncountry. Nota soldier who served in tho late war, who did not experience and gratefully acknowledge the prompt and seasonable support, in circumstances of cifficulty, inmen and means, furnished by Louisisna— u State fortunato in position, fortunate in the gencrous and honorable impulses of her people, and thrice fortu- nate ina Chief Magistrate of comprehonsive and un- calculating patriotism, I have additional gratification in receiving this professional emblem from your ban and in the prosence of so many of tho timo-hono! veterans of the war of 1812, whose carcers have alike adorned the annals and illustrated tho virtues of our country; and I also observe in this presence many, the representatives of the gallant band of Louisianians as- sociated with my command on the occasion to whiok this specially refers—n band which, to the extent of its numbers, participated largely in all of exertion, all of achievement, and all that did honor to our country.— I beg of you, sir, to accept my thanks for the king manner in which you have bestowed this compliment, and on some suitable occasion to add to the by making my grateful thanks known to those you rop- resent. On Juding, the gallant speaker was enthu- siastically cheered by the whole assemblage, the band playing 4 patriotic air. After the ceremony, pond ‘our Citizens were presented to Gen. Wor who exhibited that courtesy of manner and chival- ric bearing which have ever distinguished him throughout his long career in arms. ie company then separated. P) fe We append a deecription of the sword just pre- sented to Gen. Worth ; it isa magnificently oma- mented weapon :— ‘The sword is strictly classic in ey being on the model of the Roman word. Tho subject of the hilt is Jupiter destroying the Titsas at his feet—buri- ing at them his thunderbolts, The scabbard ix panol- Jed, and engraved with the lascription : “Presented by the State of Louisiana to General W. J. Worth, for he allantry, skill, and jud; at the siege of Monterey." — She modelling of the bit is porfect as a study, anit the chasing gives full ox ion to tho features; indvod, in every part it ix s finished piece of work.—¥, 0. Pica~ yune, March 31, Political Intelligence. Abram Claude has boen elected Mayor of Annspotia, Maryland. “Lhemas Wun is thy demoevatic (i for Mayor of Albany candidate