The New York Herald Newspaper, March 3, 1851, Page 6

Our Boston Correspondence. Boston, Feb. 26, 1851. ‘Whe Late Slave Case— Political Intigues im Bos. tom and New York—Important Mevements om Foot, $e. The rescue of Mr. Shacrach Wilkins, a gentle- ‘maa of color, rem the hands of the persons em- ployed by our common uncle to enforce the Fugitive Slave law, has been the subject of more conversa- tion bere, for some days pa:', than anything relat- ing to our own pelitics, which, as there has been Mo attempt made te elect a Senator, are not so much noticed as usual. The forcible rescue of the fugi- tive should not make against the character of our city for respect for law. Few had any part io it, and few approve of tbe act. it was done so | suddenly and so unexpectedly, that a much more clever men than Deputy Marshal! Riley might have fallen a victim to the courage ana galiantry of the colored race. Knowiog that the blacks were en- raged, Mr. Riley should have had a sufficient force om hand to preserve order. He could have had two score men as easily as half a dozen; and his | total negiect to provide a force adequate to what the events of Jast fall should have prepared him for, causes most people to believe that he is either a fool, or that he had no stomach for the work. It is worthy of note that Mr. Devins, U. 8. Mar- shal for this district, wes originally a free soiler, He bolted from the whig purty at the time of Gen. ‘Taylor’s nomination, but -oon bolted back again, and wes rewarded by receiviog the place he now holds. There has been a looseness about his conduct, in everythiog that relates to the 0 S. District Attorne st Elizur Wright cauee Mr. L.,wase bitter pro-slav is. Mr. Lunt wasthen a whig r of the Senate from Essex county, and chairman of a legislative committee, to whom more abolition matters had been referred. ‘* Young Mr. Lunt,” as Mr. Hallett thep was in the habit of calling him, was the spe cial object of the future commissioner's animosity, and ali because he was what he is now—a thoroug! going anti-abolitionist. Another instance of the changes wrought by “the wpuitigg of time,” 18 aflorded by the present standing of Mr. Thomas, the lawyer who was employed to spoons the claim preferred against negro Shadrach. In the winter of 1842, and in the Massachusetts House of Representatives, he defended the abolitionists against the attacks of Mr. John C. Clark, now an emument free soil leader, and uttered quite hiah-toned words in support of them. Mr. Clark bad opposed their application for the use of the presentatives’ J[all as a place in which to hold an_‘“‘incendiary meeting,” and was gallantly met by Mr. Thomas. In the summer of 1849, Mr. Thomas, who then resided in the Fourth congressional district, was of opinion that the democrats should unite with the free soilers to elect Palfrey to Congress. Now, he not only op- as U. jite, as the word Fugitive Slave law, which shows that he has not yet got rid of the old leavea, which wil work at times, just as the ancient Adam will at times manifest himself in the most thoroughly regenerate man. When Messrs. Clayton, Mere- | dith & Co,, under the guidance of Mr. Seward, hed the distmbution of ‘the spoils,” pretty much all the appointments were mede here from the abolition portion of the whig party ; so that we ac- tually have men in office, under whig appointment, who do not hestitate to set a most scandulous ex- ample, nly rejoicing at the recent gross viola- lation of law, and expressing the wish that in each and every attempt to enforce it, the same resul: willfollow. lt wastorsome time expected that Mr. Webster weuld have the most obnoxious of thete men removed, as they are not oaly incen- olaries, but also his personal enemies. But, from scme cause or other, they are allowed to retain their places, and are now busy in gtving “aid and comfort” to ell men who show their zeal in | defying the regularly enacted laws of the land. | And what shall pe said of Mr. J. T. Stevenson, the | whig par excellence of Boston, and notorious for his personal devotion to Mr. Webster, going bail for oue of these white men who hounded the negroes on the forcible reseue of Shadrach! This act shows that the two extremes of society are meet- ing, and that Beacon street and Belknap street have united to prevent the enforcement of a rational law. A pretty state of eflairs, truly, when the leaders of the conservative ** law and order” party are found doing their best to encourage the ras d the lawless is their exertions to make oullification triumphant in Massachusetts! 1 saegroes lock upon Mr. “tevenson’s conduct as an epproval of their coaduct, and are, consequently, bold as lions. But for such encouragement they would not dare to show themselves after their re- cent transactions in the nullifying line. Mr. Senator Seward has taken Massachusetts jer his care and protection, hopiag to make mething out of the present political wnbrogio under which our State ys suiiering. You ere pro- ably aware that from the very hour of its forma- tion, the free soil party of Massachusetts his been divided into twe parties. (ne of these, comprising by far the larger portion, haz been iu favor of unit- Z with the democrats; while the olaer portion has been for standing eloof, and main‘aining a sepa- rate organization, nominally, but really looking toa unton with the whigs, under the belief that Webster and some of his immediate followers were about to jom the democrats. So Jong as the fre soilers were only @ portion of the opposilion, this division a their party did not show itself _ epenly; but 43 8000 as, from being one wing of the coalition, chey came (o have the cares and responsibilities of power. itbroke out. Tne momentihat Mr. Charles ©. Adams (* the last Adams’”’ as he is called) saw chat he to have nothing, he made clear demoa- strations ageinst the covlition, and was soon joined by Mr. Phillips, when he saw that he was to be ueither governor nor senator. Une cannot blame . {Mr. Philips for resenting the scandalous treatment he has received, when policy andcommon decency potated out that he shovld be eleva-ed to one of the Cwo great places in the g ft of the coalition. These ¢wo gentlemen and their followers are doing all that they cen to breakup the coaition in the Legislature, with the view of making a complete rupture with tae demoera's, and look ao ultimate union with the Atlas whig emies of Mr. Wed- d the Fugitiy are called. Could union be made, of caution than enter exists, a great party ¢ ciently strong to have it for years to come. More pirds of the ‘whige, avd an equal proport ae free soilers, ‘would join it, 80 soon a: the ruyture between the fatter and the democrats should become too de- cidedly established to repaired One or two more defeats of Mr. Sama it 8 supposed, will bring about a dissolution of the present coal.tion, and thea we shall see more new and interesting demonstrations. Mr. Seward is said to be the originator of the plot now going oo, and be and General Scott will be benefitted by it, in the eveat of ite suce: Seott is ‘one candidate for the Presidency, who _w ¢ same time, en unioubt+d whig. This State, in which, oar free soilers are Scott and Seward party can_be f. able to control its fate. This « of the embitious, and fills the bos with the hope that circumstances will enable them punieh the democrats for preventing the elec- m of Mr. Sumner. If it could ve clearly made to —— that Mr. Seward is really to be- come to New York Vaa Buren was some ’ since, | have qhe best reasca for believiag that the effect would be tre lors on the whig and free soil parties all over w England, pers haps giving to them every State except Khode (sland, which is altogether too much iaterested in cotton to care a great deal abou! conacience. (ae effect of such an alliance be.ween what are now opposing forces, would be to crash Mr. Webster as ¢fectually as the man croshed in the iron shire While this intriguing is going on between the abolition whige and the | ree soi higs, and the democrats of the ** fraternizing” ae loving!y 23 4 couple of 4 valentine, perheps because it is really “Ir or death” with them. Mr having in the Italian story was ernity Webster ia accused of thorized Generat Cushing to meke use of aay ameunt of the general government's patronage that might be found necessary te prevent the elec- con of Mr. Summer, and the neral has already had the cold shoulder given to him by some of those who, upto within « few days, believed that he wae lendiog ty r against aboli- tionism. They now say as merely lead- a ce which s—perhaps the aboli- paders in this | feel safe ia ae og them into the Webs every real democrat abhor. more heartily then—he tion Whatever the ney think of Mr. W * that he is thoro y detested by the and file of rty. Nothing had ore to do with ging about the coali tion than the desire to humiliate him; and most democrats would eee, in the election of Mr Sumner, rather a blow t ebsier branch of than the trun Olittioniets. he w ch v olting democrats they will support table to th pired, Woo, ome to the conclusion nan for Senator who © free sorlers, though they h all along pretende | to be ectuated only by @ seatiment of hostility to Mr. & "s ultra ab n notions. The impres- sion geins ground, therefore, that the hunkers are merely doing the work of the whigs, for which they are to be duly and truly peid, end that they are not moved by @ laudable re to prevent the con« summation of a union between e@olitionism and democracy. freesoiiers, why t from sheer obstinacy, or bec they know that such a pro. ceeding would without good ts, have for- mally resolved, in caucus, not to withdraw Mr Sumner, under any circums:ances There has been some talk about the resignation ot the Sec of State, | dent, of the Senate, the freesoii members of the | xe- a Senator not being s would lead toa cutive Couneil, im the event; chowen et the mext trial. 7 choice of whigs to the vacan' places; for the same teeling that should lead to the resignation of the free- sctl ineumbents, would prevent the free soil mem- bers of the slature from voting for other per ancies thus mide; and the whige ber the claimants im the House, and mm the Senate. Governor liou'well erly with a whig Secretary of State in the Counei!; and the Senate ‘Would present a singnler tpectacie on the occasion of Mr. Wilson making way fore whig President it is impossible, as yet, to say what will be the effect of the recent rescue of the f ve slave, and of the arrests of rioters, on our political effairs. It «a hardly possible that the eorm should blow over without something being dene, a there ie a great deal of earnestness, both em: e friends of the faw apd among its enemies. Mr missioner Hallett, before whom the persons ed have been examined, is one of the py pal heaker demecrate, and carries matters with o rather thigh hand: and people see in thie conduct of hiea desire to | ropitiate Mr. Secretary Webster, whos indig- favor, when he heard that his k hat b so contem ptuously treated, have Mr = the ‘election of Mr. Sumner to the United tates Senate, but he is also employed as attorney in fugitive slave cases. He wasoace a very promi- nent democratic politician ; but_ being so fortunate as togeta place under John Tyler, he hag never been heard of since until very recently. From these facts your Southern readers can see that the men who are most noisy now in support of their constitutional rights, have been equally loud on the other side, to which they will not improbably re- turn soon as such a change of position sha’ found profitable. Our knowing ones understand the resources of the abolition dodge as well as if they bad studdied it all theirlives. ‘Brother Mar- in,” of Kinderhook, isn’t better acquainted with its capabilities. Mr. Thomas has now, | understand, some conpection with Mr. Webster's law partner. Mr. C. F. Adams, with characteristic want of faith, is said to have refused to pay, except oy conditions, the sum of $1,500, which he had egteed to advance toward formiog the capital of the Commonweaith newspaper, the}free soil organ. He endeavored to persuade Mr. S. C. Phillips to imitate his example, that gentleman having agreed to edvance $1,0C0 for the same purpose; but Mr. Phillips, being a man of honor and honesty, and an old merchant, refused to hear such dishonoring counsel. He disapproves of what his party have dove, but he does not see in that any reason for acting ina mean manner himself. - l can but think that those papers abroad which represent Boston as an utterly lawless place, be- cause the man Shadrach was rescued, do u3 a great wrong, and make repreeentations which the facts do not warrant. Ose might believe, from aiticles in the papers of other cities, that we were living here in the habitual viola of law, and that Vicksburg would be a pleasant residence in compatison with Boston. And what are these re- presentations founded on! Why, on the con- duet of some hundred people, at tae most, enihs of them negroes, who, without apy concert of action, aad solely on the impulse of the moment, perpetrated an illegal act—ao act which could not have been perpetrated had the deputy marshal done his duty. ‘wenty resolute men could have thrown every negro out of the windows, had they been provided in season; and the negroes entered the room only because they knew that they hada precious specimen of stupidity to deal with Of the one hundred and forty thousand inhabitants of our city, pot one in an hundred even so much as knew that the oflair bad taken place until Shadrach had been placed beyond the reach of « second arreat. a1 not one in a thousand had anything todo with the reseue, enher by word or deed. People say they are glad the alleged fugitive got off, but re- gret that he was forcibly taken away, adding that they would much rather have paid his value ten times over than have the law violated. Now, I submit that sentiments hke these are not such as lawless men are in the habit of uttering. The easy manner in which several of the rioters have been arrested, and who will be fully punished it con- victed, ought to be sufficient to convince all fair minded men that the ect of rescuing the alleged fugitive wes pot one which should heap disgrade on a wheie community. The city goverament ha# promptly clothed 1s chief executive officer with emple power to act hereafter, as it would have done before if the demand for aid bad been made vpon itia @ proper manner, or, rather, in any manner. The aecision of the Commissioner in the case of Ehivur Wnght, who has been held to bail in the sum of $2,000, has excited no sensation whatever. Another proof that what is called ‘the lawless spirit of Borton’”” hes no existence out of the heat- ed minds of le ata distance. | have no wish to di: guise the fact that the Fogitive Slave law is not liked here; but! deny that there is any re- specteble joruion of the people who are in favor of forcilly resisting it. People may be glad thatan arrested fugitive escaped, and yet not approve of the resistance that was made to the law. Very many persons here would have been pleased to see the late Dr. Webster escape the gallows; but it would be @ very odd sort of logic that would de- duce from that fect a partiality for murder on the pert of Bostonians. No we are nota disorderly people, end strangers can come here as sifely aa into any other city in the Uaion, without the slightestéanger of their wuking up some fine 0 pg to experience a practical illustration of the Sicilian vespers. Some cf the whig papers condemn the P. jent for is uing his proclamation, which th say was by no means called for. I'galls them to think thata whig President should have to place a sort of stig- ma cn so staunch @ whig city as Boston. They look wpon the proceeding as an endorsement of what hae heen said by the press of other cities about meb law being triumphant here. They would have borne it from a locofoco; but from Mr. Fillmore it as cruel as the stab of Brutus to CoLonna, Our Hartford Correspondence, Hanrronp, Feb. 24, 1851. Li mocratic Comvention— Whig Comgresstonal Convention ne past week has been an eventful one in this The State democratic convention; Whig Congressional convention ; firemen’s annual ball, at which was nearly one thousand persons; a lime storchonse burnt up, and four stores broken into and each robbed of a few pennies up to $2,000" What are we ccming to’ The water in Connecti- cut river, however, does not run up stream yet. But to the democratic convention, The wea- ther was auspicious, and the members of the party appeared in fine spirits and in good numbers) The usual convention preliminaries in organization, Se, were paseed through. The officers of the convention were— Vresident—Joha Cotton Smith. \ ice Presidents—Jesse Olney, Hartford county; Siduey Baheock, New Haven county; Nathan Belcher, New London conaty; Wm. Jadaon, Fair- field county; Samuel J. Gould, Litchfield couaty; Calvin Dey, Windham county; Jasper H_ Bolton, Tolland county; Normand Smith, Middlesex eounty Secretariee— Daniel B. Warner, Henry J. Fuller, Henry Atwater, Samuei F Jones, Jr , Darias Day. The convention resolved iteelf into a committee of the whole to nominate candidates for State offi- cers, when Thoma Seymour, our present Governor, had 244 votes to 6 scattering balance of the present State officers were nh sunated by acelamation:—Charles H. Pond, of Milford, for Liessenant Governer; Henry D. Smith, of Middletown, for Treasurer; John P. ©. Mather, of New London, for Secretary; Rufus G. Pinney, of Staflord, for Comptroller The Committee on Resolutions reported the fol- owing -— Nesolved. That the jodiclout mansgement of the foances of the Btate under democratic F the State debt was increardd ot the average 100 pet annum: ond that during this frat year of democratic adminis- tration the State debt will be decreased $20 000, mvking the diffrence im favor of the democratic ad- tiation $29,000 per annum i That the strong confidence of the Am people plac f the democratic ooratic majority 4 House of Reps governors Resolved, That the correctness of these prineiples ‘treasures ie tacitly admitted by the whign. in their schemer of a oe pr ceedaot oatility, in the declaration of their Pre- pendent irem sident that Public acts, familiarly Known ae the meatures ot Copgresn,”’ as the result of a spirit of union and fra- | ternity, and that we are proud of the fact that fae | the years of excitement and agitation which preced the ot these acts, po democratic State conven- tion in Comnectiont ever contributed to the rectional Ppirit then existing. or passed a single measure at war with the well bnown sentiments of the national demo- ersey. * Resolved. That we ¢ welcome the admission of California into the Uniom—that we epprove the | © These resolutions met the unanimous approbation of the convention. There was no free soil move- meut, as in their last year’s convention, at Middle- town ; every thing here was harmonious, aug: well for theit candidates at the ides of Apa .The whig Con; ional convention for the lat district aleo met the same day, last week, in this city, as the above convention. The delegates trom one town to the democratic convention went into the whig convention, presented their creden- tials to the committee, and took their seats. When the committee on list of members of the convention reported their roll, they informed the coavention there was one credential that they knew not what to do with, and read the same. The whig convention gave the gentlemen liberty to withdraw to American Hall, where the demo- cratic cenvention was insession. This convention, as you have been already advised by (telegraph, re-nominated Charles Chapman, Exq., one of the best and most talented speakers of New England. The convention passed resolutions sustaining the administration of President Fillmore. No clue has yet been obtained of the rogues who broke into several stores, in this city, last Friday evening. Cur Baltimore Correspondence. Bartimonrg, Feb. 27, 1851. The Rowdies Caged-~Case of Brutality—Penn- sylvania Coming to Baltinore--Great Gather- ing—Scramble for the Sheryffalty, §c. One of our fire roadies, named Francis Metz, who amused himself on Christmas day by knocking down and beatiag a young man named Kemp, from the effects of which he died in a few hours, was pronounced guilty of manslaughter, in the City Court, yesterday. He was assisted in the beating by @ young man named Graves, who till to be tried. A large number of our fighting rowdies are congregating in the Penitentiary. It is to be hoped rr their fate will prove a warning to those still at large. On Friday night, a small colored girl, about six years of age, was brought to the Westera District watcbhouse, by a gentleman named Rennick, who resides @ North Howard street, with scarcely any clothing en her, and her back actually raw from the use of a cowhide. She stated that she had been beaten in the manner described by the person with whom rhe was living, named Robbins, aud ¢riven out from the house at midnight. She was well taken care of, and an effort will be made to bring to punishment the party accused of this in- humen outrege. e On Friday eventag next, the whole Legislature of Pennsylvania, with Governor Johnson and the officers of State, will reach this city, ina special train, per invitation of the Baltimore and Susque- hanna end York and Cumberland Railroads. Go- vernor Lowe, of Maryland; Governor Floyd, of Virginie; and the President of the United States, with a large nvmber ef distinguished personages trom Washington, have been invited to attend the grend entertamment to be given at the Lutaw Hoee, on lriday evening. 4 The scramble for the Sheriffalty of Baltimore is already beginning to develope iself; and from the nun.ber of demceratic candidates, the probability is, that a whig will slip into the office betweea them. Atthe head of the democratic list stands | the Hon. Dabney 8. Carr, late minister to Con- stantivople ; next comes Thos. O. Soilers, Esq, who is ebout to retire from the wardenship of the j his successor, William H. Counselimann, faving been appointed; next comes Theophilus Dolrler, Esq , and a host of other names I do not at present remember. There has been no pro- minent member yet named by the whigs Batimore, March 1, 1850. 9 Visit of the Legislature of Pennsylvania to Balti- more— Union of Interests— Visit to Washington— Forergn Conmerce of Baltymore, § The whole of both branches of the Legislature, with the exception of a few absentees, assembled last night eround the festive board at the Eutaw House, havirg arrived in the city at six o’clock ia the evening, in a specia! train, oa the invitation of the Baltomore and Susquehann», and York and Cumberland railroad, which connect Balti- more, by four hours’ travel, with the capital of the Keystone State. The festival was a most joyous one, cementing that bond of union and good feeling which should always prevail between the States of the Union, and especially thoge lying side by side in geogra- phical position, and possessing an identity of domestic interest. Governor Johnston, of Pa., was prevented from coming by his official duties, but Governor Lowe, of ‘aryland, with General Parker, Simon Cameron, and a number of the dis- tinguished s@ns of Pennsylvania, were seated near the heed of the table : The great speech of the evening was that of Ge- nerel Penker, of the Pennsylvania Senate. He was in favor of casting aside all the legislative barriers interposed by Pennsylvania to the desires of Mary- lend to enter the borders of the commoawealth with its railroads and canels, and he was glad to be able to announce that the “ dark ages’ on this subject hed passed away forever. Boston and | New York hed worked band in hand to secure to | themselves the great trade of the West, and it was necessary that Pennsylvania and Maryland should work snoulder to shoulder with the seme great object in view. Their interests were videntical, and he urged a union of forces to con- struct the sed railroad to Etmyra, which would place Baltimore thirty miles nearer to the lekes than New York and Boston, and Philadel phia ten miles nearer. - General Cameron also alluded to the Elmyra railroad as a work of the greatest importance to Maryland and Pennsylvania, and ae actually ne- | cessary, if they desired to compete with New York and Boston for a share of the trade of the lakes. The guests of the city will leave in the cars this morning for Washington, where they will spend the dey. (n Monday they will leave the city on their return to Harrisburg. The total value of the foreign exports of Balti- more, during the*month of Febraary, was $491 964, included in which was merchandise valued at $137,008, deetined for California. The foreign ex- ports of the last week amounted to $59.31; among the articles snipped were 5,405 barrels of flour, 1,570 bushels ‘of corm, and (47 barrels of cornmeal. Our Misseuri Correspondence. St Lovis, Feb vary 16, 1851 The Childs Case—Cow-hiding—Charge of Per- jury— Execution of Thomas, altos Smart, § The trial of Nathaniel Childs, Jr, before the quarterly conference of the Methodist Episcopa! Church, which has just terminated in the suspea tion of Mr. Childs, is likely to lead to litigation, if not bloodshed, involving other parties. Your readers will, probably, recollect that Mr. Childs | was tried before the Criminal Court of this county, some months since on a charge of embezzling $120,000 of the funds of the Bank of Missour,, He was acquitted; but a mystery has hung over the af fair from the time of the discovery of the lose to the present day; and a portion of the community not excepting many members of the Methodist Chureh, do not seruple to express their doubts of the innocence of the accused. This state of affairs it wae that brought a further investigation before the conference, the charges being preferred by the pastor of the Centenary Church, lev. William M. Protteman. The first charge, of “immorality,” contamed seven specifications. These all related to the bank affair; and, after an investigation of four weeks, three of them were decided to have bee an. They embraced only, however, the means resorted to by the accused to screen himneelf fro searching investigation into hia conduct as a bank officer, end left the ques'ion of his guilt or int ocence es to the embezzlement open. The se- cond charge wea, “unchristian and imprudent con- duct, unworthy a local elder.” As the three syeci- fications proven warranted suspension, and a: cave ts proceeding ia the Court of Common Pleas, in which Mr Childe is plaotifl and the directors of the Bark of Missouri defendants, which, it was held, might be prejodiced by pushing the investigation the conference waived the sa accusation of improper intercourse with a sis- ter of the church. Of course, after the civil case is decide d, if Mr Childs is not expelled before, this must be penny Iwill not hazard an opinion as to the vi of the charge, though certain itis that rumor has made much o! it. Rev Mr Prottsman, in embodying it, did no more than give form to ‘what was the subject of conversation among thovaands, and has been ever mince the ac- d wee firet arraigned for the embezzlement, end for months before it was alluded to (the or armed himself with a deadly pM sallied forth to wreak dreadful vengeance upon the offender. And he carried out his design. Over- taking the Rev. gentleman on a public thorough- sans ceremonie, drew forth the ‘ per- and administered upon the divine nume- Teport says ‘not less than a hundred. “ he friends of the minister are quite in- digest ‘and tall olcallingd) Haraout; while othe: who believe in the truth o the accusations prefer: by Mr. Prottsman, do not hesicate to say that they would like very well to be called to an account by this same cowhiding and caning Mr. O'Hara. ow it will eventuate Jican scarcely guess, but will fully advise you, if not myself annihilated for having the temerity to write as 1 have done of the aflair. fare, , A serieus prosecution has already grown out of this investigation befere the church. One of the witnesses st Mr. Childs was a Mr. Barber, alsoa member of the church. After he had beea recalled several times, and was found by Mr. Childs to be an exceedingly ready witness, the defence challenged the validity of hia testimony, and brought forward some three or four respectable witnesses to say that they would not believe him fe oa. ict of Pecan id he knew speiner to ave been guilty of perjury, in giving testimony re- cently 1m the Court of Cominan Meas. The Grand Jury beng then in session, got information of the remark, summoned this person before them, and sure enough indicted Barber for perjury. So, you will perceive, the church has its troubles, as well as has heathen world. We had another execution here the other day, in the hanging of a person convicted under the name of John Thomas, for the murder of a dis- charged soldier, named Stephens. There was no question of his guilt, although he continued to as sert his innocense to the last moment, and swung off professing the Catholic faith. This man, before he died, admitted that hie name was not Thomas, but Smart, and that he was a native of Morris- town, New Jersty, where his aged mother re- sides. He said he served his time at the coach making business, at Newark; afterward went to sea; lived some years in Mexico before the war ; served in the American army during the war, and then came to this city. He was a fine looking oung man, about twenty-seven years of age, but hed become dissipated after his return from Mexico. He died stoically, but hard, the rope having been badly adjusted. Our criminal court is now in session, and has plenty of work before it, the last Grand Jury aving returned 161 indictments. Axaus. Important Decision in the McDonogh Will Jase TRE STATES OF MARYLAND AND LOUISIANA THEIR BEQUESTS. [From the New Orleans Crescent, Feb. 19 | ‘The tollowing is the decision of Judge Buchan- an, in the cause of the State of Louisiana vs. the Executors of John McDonogh:— The Jate John MeDonogh, by his will, proved in thie court on the 25th Oct, 1850, constituted the | ccrporations of New (/rleans and Balumore his le- | gatees, by universal title, each for one half of his | estate. The will further declares, thit should the said two corporations combine together, and wilfully violate the conditions prescribed by testator for the menagement of his euccession, and the directions given by him for the management of its revenues, the States of Lou'siapa and Maryland shall, in such event, take the estate as legatees by universal title, in the plece of said two corporations of New Orleans ond Baltimore. And further, it is declared to be the wish and desire and the will! of the testa- tor, that, in case there should be a lapse of both the legacies to the citiesuf New Orleans and Baltimore, cr either of them, wholly or in part, by refusal te accept, or by any other ceuse or means whatsoever, DENIED | then both, or either of said legacies, wholly or par- tally co lapsed, shall inure, eo far as it relates to the city of New Orleans, to the State of Louisiana; and 60 far as it relates to the city of Baltimore, to the Svate of Maryland; that the legislatures of States may carry the testator’s ioteations, as expressed in bis testament, into eflect as far, and in the manner which shall appear to them most proper. . Executors were named in the will, who have yualified ; the Mayor of New Orleans, as weil as the councils of the three municipalities of New Orleans, have agit d the acceptation of the suc- cession of John McDonogh, in behalf of the corpo- ration of New Uriesns. By the petition filed in this case, the State of Louisiana claims to be entitled, under the will, to the moiety of the succession of John McDoaogh, in the place of the corporation of New Orleans, on the groucd that the legacy to that corporation was lapsed, by reason ot its being illegal—in other words, that the beuest is void for illegality, and, consequently, that the conditional devise to the State becomes immediately operative and ab- solute. 7 ; The illegalities charged by the State are as fol- ows 1 1. That the testator has prohibited forever, the alienaxion of his real estate, and hae directed a continued re-investment of its revenues in other real estate, which shall likewise be forever inalien- able. 2. That the title vested by the will in the cities of New Orleans‘and Baltimore, is not a title of ownership. 3. That the device or legacies to the cities of New Orleans and Baltimore are substi- tutions, and fidet commissa, which are forbi the laws of Louisiana. 4. That said legacies are made upon impcssible conditions, and are contrary to public policy. 6 That said legacies are made to persons and corporations haviag no capacity to receive them. F The State of Maryland has intervened in this suit, by counsel, and has urged all the grounds of nullity, of the several legacies and bequests in the will contained, which are urged by the State of Louisiana. She claims the half of the succession of John MeDonogh. 2 The city of Balumore is not before me, and c: not be reached by the process of this court. My decision in the issues presented will, therefore, not aflect the interest of that city in the matters in con- troversy. | now proceed to take up (he several rounds of nullity of the bequest to the city of New rleans, in the order in which they are presented by the petition. —_ First ground. That the testator has prohibited forever the alienation of his real estate, devised to the eaid city. The prohibition to alienate, a: in the will, in three places, (pages #, 9, the printed copy), very distinctly expres Such a prohibition in an act of last w declared illegal by our Supreme Court, in the case of He oderson’s Heirs vs. Executors of Henderson, reported in 5th Annual, p. 41. The language of Judge Slidell, who pronounced the opinion he court, ts as follows :—“ If it would be illegal for a testator to leave his property to any person, or set of persons, with the charge to preserve it, and to transfer it at their death to some person designated @ fortiori, unlawful to tie it up in the hi a ors end commissioners forever.” And, ough the Supreme Ceurt was divided on the 6 10n whether the provisions of Hender vill amounted to a perpetual prohibition to alienate (one judge being of a contrary opinion), yet the doctrine of the unlawfalaess of such a probibition in distinctly admitted in the dissenting opinion read on that occasion Rise : Admitting, however, the prohibition to alienate to be unl ful, (and the existence of such a prohi- bison in McDonogh’s will is indubitable,) yet that illegality does not carry with it the destruction of the bequest. The illegal clause is merely consi- dered not written, according to Article 1,506 of the Civil Code. (See. 12:h Rob Rep., p. 549.) Second ground. —That the title vested by the testator in the cities of New Orleans and Balti- more is not an ownership ae recognized by the jaws of this State. The testator uses the follow- ing words of devise, in relation to those cor- porations (page & of the will, printed cepy):— *T give, will, and bequeath all the real residue and remainder of my estate, real and personal, | dated 1535. Siw weil that which may be acquired by } more whiskey than any white man d to preserve for, and (not ‘or,’ as printed in the English Mext of our code’ turn a thing toa third persona.” Now, eo far from having this distinctive character, it seems to me pad will under cranes gry. i 13 remnaneanle fo contrary tendency. It 1s the immutability of the destination of this property which is the | prominent feature. So far from the estate of the | testator being olane to be preserved and returned to a third person, it is contemplated by the testator that it shall remain eternally in the hands of his heir. And it is no answer to this view of the sub- ject to say, that the will contemplates a traasfer, | from year to year, of the estate, from one se: of commissioners to another. For these com nission- ere are to be appointed every year by the heir. They will be his agent, and ‘Accountable to him. With what propriety, therefore, can either the heir or commissioners and agents named under the will be said to be charged to preserve the pro- perty for the ultimate enjoyment or berefit of a third person? Neither, in my opinion, do those clauses of the will which require the commiasion- ers to pay over a portion of the rents annually, up to @ certain total amount, to certain corpora- tions, constitute substitution, or fidei commissa, within the purview of the prohibitory statute under consideration. The testament describes or men- tions nothing (to use the le of article | 1,507), which the legatee is obliged to preserve for, avd return to the Society for the Relief of Destitute Orphan Boys, for example. The thin; | bequeathed was the estate. The estate yields | fruits. The disposition in favor of the Orphan | Asylum, the Colonization Society, &c, are an- | nuities to be taken from those fruits, so long | as the thing bequeathed remains in the hands of | the legatee, or unl the aggregate of the yearly | payments to each annuitant shall have reached @ certain sum. is evidently such a naked trust as the Supreme Court long ago decided was legal ; Cee rion vs. Livaudais, Sth N. S. Martin’s Rep. p. 303,) a decision which has been quoted | with approbation on various occasions. (Sze Hen- derson’s Ex’s vs. Rost and al. 5:h Annual Rep ) It | is true, that these annuities will be prodigiously curteiled in duration, in all probability; but that re- | sult will flow from another cause. ‘Lhe continua- tion of the annuities in question, depends upon the continuation of the undivided ownership of the two legate The testator intended that that undivid- ed cmnerans kee be eternal. Indeed, he nas | formally prohibited any partition between the iasti- | tuted heivs. But yet rohibition is contrary to article 1,222 of Civil Code, and must be disregarded. itis, however, my duty, by article 1,706 of Code, to construe the will in such @ manner as to give ¢flect to the intentions of the testater, so far as the same can be done without violating the law. The clause of the will, by which the universa: legatees are prohibited gee Sedat @ partiuon, cannot have ary effeet whatever. But the clauses by which the legateesare ordered to pay over annu- ally, to certain persons or bodies corporate, a per centage of the rents and fruits of the estate, uatil the seme shall have reached hundreds of thou- sands, or millions, of dollsrs, are construed by me #8 a probiLition of a partition of his estate, between his two heirs, for a limited time--for that space of time, ina word, which would be required to pay off the annuities. A calculation has beea mede at bar, which fixes that time, in the case of the most favored annuitant, at two hundred and ten years. The calculation may be erroneous, but one thing is certain—that aterm is assigned for the payment of annuities and for the consequent sndiapanseble duration of the undivid- ed ownership cf the two cities. Another fact seeme equally certain—that the term in question will far exceed five years. Th therefore, @ case for the appiication of the 1,223 article of the Civil Code ; and, eccordingly, | decide that the be- juest of the annuities inquestion, ‘al and bind- ing for so long a time as the two cities shall remain joint owners of the estate, and no longer; and that no partition can take place betweea them, until five years shall have elapsed from the opening of his succession. Fourth ground —That the devises to the cities of New Orleans and Builtimore are made upon im- possible conditions, and are contrary to publie poli- cy. the grousd seem: epetition of those already examined. By artic 506 of Code, conditions impossible, ulegal and immoral in last will, are considered as not written. All commentators on article 900 of the French code (from which our ar- ticle 1,006 wes taken verbatum) agree that the word * conditions” in article, includes charges, clauses, precepts, as well as conditions, strictly speaking. Such conditions, clauses, or charges, do not invalidate the bequest, but are themselves invalidated, says Gregorio Lopes, ia his gloss. of 3d law of 4th utle of the 6th Partidas, which is identical with our article 1506. Indeed, the doctrine is as old as the civil law. Pandects, book 28:h, title 3d, par. .6. Filth ground. —That the bequest to the Mayor, Aldermen and inhsbitants of New (rlea: a be- quest made to persons or corporations haviag no ily to receive. ‘he bequest in thiscase is to the ‘Mayor, Alder- menand inhabitants of New Orleans.” The city of New Orleans was incoporated in 1505, by the name and style of * The Mayor, Aldermen and inhabi- tants of the city of New Orleans.” The corpora.e name, as contained in the charter, is , differ- ent from that in the will; butl tind that the Le- gielature has also given the same slight variation of style to this corporation, in the act of March 20, 1318, at pages 102 and 103 of Bullard and Corry’s Digest. But it is contended, in argument for plaiatiff, that the corporation created by act of 1305 had ceased to exist, by the division of the city into three muni- ewalities in 1836. The will of McDonogh is I think this argument is founded in error. The 2lst section of actof March 8, 1536, dividing the city, expressly keeps alive the old corporation for certain purposes, and the act of 20th March, 1840, gives it this capacity of acquiring by donation Mortts Causa. (See Bullard and Car- ry’s Digest, page 130, section iv.) But it is argued that the law in question declares that property so acquired shall be administered by the sinking fund, and its revenues epplied to the payment of the debts of the municipality. This legislative enactment does not, in my opinion, render the cor- poration incapable ef receiving the legacy in the present instance, with the obligation of conformi to the intentions of the testator, provided such in- tentions be not contrary to law; for the statute in question must be viewed as laying down gene- ral rules for the administration and application of bequeets to the corporation, and not as thwarting the legal and benevolent intentions of those who should make euch bequests. As to the general right of corporations to receive such bequests, see article 424 of Code. And al- though a doubt might have existed, under the terms of act of 1805, section Ist, of the rightof the city of New Orleans to hold property out of its corporate limits, yet that doubt received a legislative solution ten years before the succession of McDoaogh was opened. See act of 1440, already quoted. And by article 1458 of Civil Code, it 18 sufficient if the ca- pacity to receive a donation exist at the date of the opening of the euccession, although it did not exist at the time the will was made. [n the present in- stance, the will was made twelve years before the death of the testator; and the record shows that he d large es without,as well as withia, the corporate limits of New Orlea Being of opinion, for the reasons above given, that the devise of John MeDonogh to the Mayor, Aldermen, and inhabitants of New Orleans, of the undivided half of his esta! jubject to the payment of certain levacies and ennuities, is good in law, and that said devise and bequest have not » that, consequently, the State of Louisiana is not entitled to take, under the will of John McDonog the half of his estate, in the and stead of the seid Mayor, Aldermen and inhabitants of New Or- leans. Judgment for defendants. 2 Bitty Bow.ees, Tar Sewinore Curr.—A cor- respondent of the Newark CN. J.) Advertiser, wri- ting from Fort Myers, Flo , under date of | Feb li, and speaking of Billy Bowlegs, says :—Billy Bow- legs has been here since the ch inst., and a greater part of the time he has been drunk. He can drink and tuture, between here me hereafter, at any time previous to my death, | andthe State of Maine. Holahta Micco, (Blue and of which I may die possessed,” ete ‘his isa | King—prineipal war chief, Billy's me) is bequest of the ownership of the property—of such rather a looking man. He is about five feet title as is defined in Article 480 of the Civil Code. x inches high, and well proportioned. His featur: And it is perfectly consistent with such a title, good and rather intellectual, and his eye under our law, that the property should, under the plainly his Jove for fun, while the expression of hia hands of the devisee, be encumbered, as expressed | mouth denotes a goodly degree of firmness. in the clause of the will jmmediately following the presage just quoted, * subject to the payment of the several annuities or sums of money hereinafter directed and set forth; which said anuities or sume of money are to be paid by the devisees of this | He epeake very my general estate, out of the rents of said eatate.”” (dee Civil Code,A ticle 483,’paragraphe3d and 4th.) In so faras the ground under consideration ap- ‘to the very peculiar system of administration, complicated machinery of checks ‘and balances, which the testator contrived (see pages 21, 22, 23, 25, 26, and 30) for the purpose of carry- ing out, until the end of time, his peculiar views, it ie very clear to my mind that the Article 1,506 of the Civil Code must again have its application in favor ofthe defendants. Indeed, the whole basis of this fabric, constructed with such labor by the testator, is that idea of inalienability which we have just declared te be a legal impossibility. Ac- cording to my view of the law, a testator has no right to eppoint guardians to his heirs, unless those heirs be minors; and in that case even, the guar- dianship must terminate when the heirs attain the age of majorit (See Civil Code, chapter of Ta- torehip by Will ) Third ground.— That the devises of the cities of New Orleans and Baltimore are substitutions and dresses in various ways ; sometimes he has on a hunting shirt, and goes bare legged ; again, he has on a cloth circular cloak ; sometimes a frock coat, and at another time he will be in his shirt sleeves. Fa English, and curses like a pirate. He is rather proud of his rank as chief, and takes good care to let one know that he is “ Wil- liam Bowlegs, Chief of the Seminoles, and King of Florida.”’ He pretends to love a soldier, and curses the ‘* Cragkers,” in every note possible to register. Capt. Casey, the Indian Agent, had a “talk” wo-day, which terminated in the agreement that Billy should twing all the Indians outside the line, into his doraains. Neoro Kitign my a Panter —One day last week @ party of gertlemen residing at id Bend, some twenty miles below this place, under- took a deer-drive, wnd placed a negro at a stand. The dogs were ‘set out and they soon started a tremendous pr.other, who ran to the negro, seized him, (takine, his face into his mouth,) and before assistance could be rendered the negro was literal- oe ‘ reese. wine joy pastenced to oue, ani an atte en oF ferseious animal both were wounded. The pan- |, cher escaped. — Hickman (Ky ) Argus, Feb U4. COBARRUBIO~—PRESIDENT [Prom the New Utieans Uresoent, Fob 18 Bythe crrivel lane evening of the sieamship Globe, we have received the Aso Grande Sentinel of the Mth instant. The Iadians have already trampled upon their sacred treaty of peace, have com- menced anew their d. murders and robberies. The Sentinel contains a letter from Laredo, which, after commenting on the treac! of the ladi as, says:—Since the mail last lef. for Browaavilie, the country about Laredo, and between it and Guer- rero, has been literally alive with Indians. About two week: ce, a party of the said treaty-making gentlemen came within three miles of towa, killed a Mexican, and attempted to carry off a drove of hon which were near the towa, but were frua- trated. Lievt Andy Walker, of Capt. Ford’s com- pany of Rangers, on his way trom the camp, at a place known as Las Ojuelas, to town, about a week and a half ago, came wpona camp of Jadians, some thirty miles from here, where they had left seven- teen horses and mules, a lot of buffalo hides, &c , as they usually do when they com? dowa en their expediions. Lieut. Walker secreted hia men, and laid wait forthe Indiens. He waited forthem six fore and when they came back, attacked and killed two of them, wounding several others, and recaptured all the horses, including a fresh lot they had just broughtin. Lieut. Walker also retoek im this foray a Mexican, whom the [ndians captur- ed a sbort time previous. The Mexican states that this party had billed several Mexicans near Roma, ata place called Sauces, on the road fiom Laredo to Rio Grande city. [a this engagement, Lieut. Walkersustained no lose. The other lieutenant of the same company, yesterday, had a fight, about thirty miles trom ‘this place, with a party of Ia- dians, on whom he came unexpectedly. He had but seven men with him, to fourveea Indiaas, but succeeded in routing them, with a loss of three dead upon the spot, and several others badly wounded. Lieut. Burleson, however, had four of his men wounded and one killed. The young man who was killed is named Samuel B. Barton, who has lived a long while in Laredo, and was very much liked. The wounded are ndw in town, and doing well. ‘The Sentmme/ learns trom the Pirate of the 8th netent, that the notorious outlaw, Pedro Cobarru- bio, has been at last caught in his villainy. He was taken in Matamoros, while attempting to rob the houee of acitizen of that place. Eleven others, ecys the Prate, were taken ia company with theic leader, and are now confined in jl to await their ‘rial for that end other offences. This Pedro Co- barrubio, it will be remembered, is the same who, ut the head of a band of ruffians, robbed the hous> of Pedro Viilereal, a short time since, between this place and Santurita, and who the next day tempted to murder Villereal, on the road to Santa- rita. A warrant, if we mistake not, 1s now ia the hands of the sheriff of this county, ordering his ar- rest for robbery and DTAIT The editors of the Purate think that he is also guilty of the murder of a man by the name of Perez, and express the hop? that they may receive the severest rigor of the law. We join our hopes with those of our neighbors. The safety of the lives and property of the good citizens of this frontier demands that such charac- ters should be dealt with summarily. The Sentinel contaras the following items from the city of Mexico:—A ll parts of the country are re- presented as being remarkably quiet, aad the part sans of Arista are every where rejoicing, in feasts and Balls, for his elevation to the Presidency. A commission has been appointed for the purpose of visiting the frontier custom-houses, composed of Mesers. Arongoiz, Hierro snd Malo The Bishop of Guadalsjara has prohibited the reading of arecent work entitled * Che Education of the Mothers’ of Families.” This has called down upon the bishop heavy censure from some of the panera of the capital. The spint of toleration is eviden'ly gaining ground with onr neighbor. The editors of the newspaper Universal, Senors Rafael Rafael ard Portiila, have been imprisoned, by order of the government. The cause is siid to be the extreme violent position taken by their paper against republicanism, aad in favor of monarchical government. Mumitor states there is cause to believe that * they belong to that class of foreiga- ers whom the laws declare to be pernicious and dengerous to the peace and prosperity of the coua- ‘president Arista, says the Daguerreotupe, has hetd his seat for ten days; Congress had done du- ring that time but little. Several changes in foreign ministere are spoken cf, of which these to France and England are held certain Arista is repre- sented es being remarkably active io arranging matters of government with his cabinet. The papers predict that he wiil prove an able and efficient go- vernor, under whose administration Mexico will receive a new impetus in progress. The Mexican Boundary Commission, (From the Washingt: wbiis, Fed Mr. Samuei P. Santor: arer of despatches from our commissioner to run the beuadary ling between the United States and Mexico, arrive this city, on Sunday last. He informs us that, leaving El Paso, on the 3istof December, he overe took a government train on the night of the Lat of January. This train was smaller than it is us sal to send on that route, consisting of forty six-mule wegons. Having conveyed their loads of provi- sions to the military post at El Paso, they were returning to San Antonio. They were under the charge of John Osman, & wagon-masier, well known for his efficiency in the responsible and dan- gerous service of the fp ‘#. The drivers, with afew persons whose route lay in the same direc- tion, numbered about fifty men ford continued with the train foi about one hundred miles, bein, hundred and fifty miles from E) midet of the prairie, at Maverick’s creek here selected two men, and with them left the train. and proceeded to San Antonio, one huadred an: fifty miles, and thence, about the some distance, to Lavaca and Indianola, on the coast, waeace he took passage for New Orleans, in the steamer Louisiane, and proceaded te Washington by the way of the Southern mail route. [lis whele jour- ney oecupied forty-eight days. He isforms us that the journey of Mr. Bartlett, our Commitsioner, to his destined location at Et Paso, on the Rio Grande, was precipitated, oa ac- count cf his fears that the yp omyreens by he part of Mexico would have so long preced m as to become weary of his delay; but that, arriv- ing there on the 13th of November, he had to await that Commissioner some ten or twelve days. The Commissioners on both sides at once enter- ed upon the important preliminary of determining the initial point of their survey, which was finally, just before the departure of Mr. Sanford, fixed at the parallel of 32 deg. 22 min. north latitude, on the Rio Grande, a point to be ascertained by the astronomers, but conjectured to ba about twenty miles northward from El Paso. The line will rua thence three degrees west, and thence north to the Rio Gila, and thence westerly aloag the courte of that river. Other lines were contended for by General Conde, the Commissioner on the rt of Mexico, but after the most minute and jaborions investigations and discussions, this line was determined upon. It will no doubt be satis- faciory to our government and people; for by reference to Fremont’s map of Oregon and Upper California, published by order of the Seeate.in 1848, it will be seen that a line lees favorable to us is there traced; and when the charactor of the country comprehended shal! be knowa, the adv. ieacs of the present line will be better understood. MiThe health of Mr. yen has beea lhe way thither tle dissatisfaction or dissension has been experienced as is probably ever realized by a company on like duty and simi- lerly circumstanced. We are particular. to state this, because reports of a contrary character have been in circulation amongst us. Leaving here ia the summer, and travelling southward as fur as the thirty-second degree of latitude, it was thought by the cn ge that the rigors of winter would be avoided; but the elevation of the country, and its exposure to the winds of the adjacent mow tains, subject the inhabitants at times to an ex~ tremely cold temperature, none the lesasevere for the intense heat that, by sudden transitions, they so often experience. The region about E! Paso is a natural vineyard. The grapes, whether {resh or dried, are delicious, and the wine they proceee, when managed with care, is very fine. Peaches, peare, and other fruita, grow abundantly, and are of good-jyality; but the necessaries of lite are by no means plentifal. The soil, though good, is only prolific when irrigated from the river. The expense of guessed at, when it is understood tha’ what is consumed is brought from the coast at aa expease of from thirteen %o fifteen eents perges i. The trade of the town is with Sasta Fe, Chihoa hus, and the United States via San Antomio. The company of the Commojssioner, including teamsters, servants, ‘c,, nu ra considerably more than a hundred person: Je awaiting the preliminary arrangemente, t! have been divided; some of them dwethmg at EA Paso, others at Soca ro, twenty-four miles and and others at Elaaar- ro, thirty miles distant. he population of El Paso is about six thousand, The mixture of Indian and white blood is very general, thoug® there jot wanting families of pure Castilian blood. se are a refined and dig- nified people. The members of the company have been well treated, and have derived much pleasure from their intere vurse with the inhabitants Mr. Sanford will probably leave Washin; On his return, on or before the Ist of March. Col. Graham, it is known, isto join the corps. Uatil his arrival, Lientenant Whipple will act as chief astronomer. The return of Mr. Sanford will ena- «3 the friends of persons there to communieate to ‘m. v of the kingdom of Sweden and 1,600, J 1846, the populati that the inertess in Tolan, 216,298, or 6 per cent.