The New York Herald Newspaper, April 1, 1851, Page 6

‘The Late George McDuflle, of South Care- Mna—His Political Life and Times. Wo brie@y noticed, a few days since, the death of the Hom. George McDuffie, which took place at the residence of Colonel Singleton, in Sumter District, South Carolina, on the ith March. Notwithstand- ing the conspicuous place Mr. McDuffie occupied for more than thirty years, in the politics of South Cagolina, the Charleston papers received since his Geath, have failed to give us those particulars of his life which we had expected, in their notice of the « Gedease of go distinguished a public man. Hence lare compelled to be lesa definite than is desirable, following sketch of his political life and times. McDuffie, according to the most reliable ‘ta, was born in Georgia. At the time of his he was about sixty years old; consequently must have been born about the year 1790. The of McDuffie is doubtless of Scotch origin; ‘we are not aware that it is conspicuous in the of South .Carolina. It is certain that thé branch of it to which the subject of this netice belonged was quite obscure and humble. ‘While quite a boy, (according to an article in the Greenville 3. C. Mowntaineer,) George McDuffie was omployed as a clerk in astore in Augusta, Georgia, owned by Mr. James Calhoun, a brother of John C. Calhoun. Mr. James Calhoun being in embarrassed circumstances at that time, abandon- edthe mercantile business, and moved back to Ab- . bewille, South Carolina, his native district. He in- fotmed his brother, Mr. William Calhoun, that he hadin his store a poor boy he felt unable to provide for, and disliked to return him to a home of poverty; and more especially as the boy appeared to be very ambitious to obtain an education, and manifested extraordinary capacity. Mr. Wm. Calhoun said to his brother, “I will take care of the boy;” and nobly didhe redeem his promise. He adopted him into his family, and, through a long life, treated him with the liberality and affection of a child. He placed young McDuffie in the classical school at Wilming- ‘on, in Abbeville, then under the control of Dr. ‘Waddell, who educated so many distinguished men, and, when prepared to enter college, he graduated him in the South Carolina College—McDuflie, we believe, obtaining the first honor. Circumstances occurred for the favorable de- Velopement of his genius, after he had completed his studies preparatory to entering into the prac- tice of the law, which attracted the attention of the late John C. Calhoun, under whose patronage he entered into public life. He first became conspicuous as a politician by his writings for the press, aiding Mr. Calhoun in imbuing the public mind of the South with his political doc- trines, and views of public policy. In 1816, Mr. Calhoun, being a member of Congress, advocated & protective tariff, particularly for cotton manufac- tures, and co-operated with Mr. Clay and others, in the enactment of the protective tariff of 1816, which was the first tariff that imposed a square yard duty on cotton cloths, the idea of that effective duty which established the cotton manufacture in the | United States, having been suggested by the late Francis J. Lowell, of Massachusetts, from whom the great manufacturing city of Lowell received its name. Mr. McDuffie, at that time, warmly advoca- ted the protection and establishment of domestic manufactures, although he afterwards changed his views and course, when his patron, Mr. Calhoun, altered his course in this respect. Carey, of Philadelphia, one of the champions of the protective system, before Mr. Clay entered the field, informed us that he prepared and published for circulation at the South, sundry tracts contain- ing writings by MeDuffie, Calhoun, and other | Southern statesmen, advocating the protection of American manufactures, by adequate duties on foreign goods. ‘These protection tracts Mr. Carey said he caused to be circulated through the South- ern States at atime when the protective system was most violently assailed there, and after Mr. Calhoun and Mr. McDuffie had changed their ground as to the tariff doctrines and policy. Mr. Carey | complained to us that the Northern manufacturers bad never reimbursed him i and other efforts and services ly disinterested as they were on his part. plored ‘a young man, he said, and paid him out of own cket, to travel through the Southerao | ‘States and circulate the tariff doctrines of Calhoun, | McDuffie, and other Southern men, written while they coincided with Mr. Carey in his tariff notions. Mr. Carey remarked to us, that he well knew that The Inte Mathew | received the . should have felt bound to support his election by Congress. This novel and curious doctrine, sus- tained by Messrs. Calhoun, McDuffie, and a few other Jackson men, found no countenance among the friends of Crawford, Adams, and Clay, who comprised about two-thirds of the House. Mr. Lous McLane, then a Crawford man, said, in reply to Mr. McDuffie, that the election being referred to the House of Representatives in consequence of no choice having been effected by the elect col- leges, the members of the House were to act as es under the constitution, and to elect the man in their best qualified, even if his electo- ral votes stood lowest on the list. r. Adams, it will be remembered, was elected, and neither Me- Duffie nor McLane were pleased—the former voting for Jackson, and the latter for Crawford. Amendments of the constitution were proposed in Congress, after the election of Mr. Adams, in , proposing to take the final decision of the election of President from the House of Represen- tatives, and to choose electors by districts. Mr. McDuffie advocated these amendments, (which failed,) and made ja great speech thereon, in which he attacked Mr. Clay, and his friends in Congress, who had yoted for Adams, reite- rating the charges which had been made against them of bargain and corruption. This speech caused a violent qparrel between Mr. Me- ie and Mr. Letcher, of Kentucky, and a duel was threatened, but prevented. It was in reply to Mr. McDuffie that Mr. Edward Everett made his first great effort in Congress. Some time after- wards Mr. McDuffie quarrelled with Mr. Metealfe, a member of Congress from Kentucky, which led to a challenge from McDuffie. Metcalfe chose rifles as the weapons, and MeDuffie refused to try them, rifles being then unusual articles in single combat ; and so the affair dropped, without bl hed. The Jackson party having obtaineda majority in the Congress which met in December, 1827, pre- ceding the election of General Jackson to the Pre- sidency, ie took a prominent part as a leading debater, and a member of committees of the House, and was on the very top of the flood-tide of popularity which carried General Jackson into the Presidential chair, and retained his friend, Mr. Calhoun, in the Vice Presidency. Both of these gentlemen, however, refused to sustain Gen. Jack- son in his war upon the Bank of the United States. Mr. McDuffie, as well as his patron, Mr. Calhoun, wasa warm friend of the bank, and as Chairman of the Committee of Ways and Means, on the 10th of February, 1832, made a report in favor of the re- newal of the charter of the bank. This report Mr. McDuffie advocated in various speeches, and de- fended the bank against the attacks of its oppo- nents. The bill for renewal, it will be remembered, passed both houses of Congress, and was vetoed by General Jackson. Previous to the attempt to renew the charter of the bank in Congress, Mr. Calhoun had quarrelled with Gen. Jackson, in consequence of a crommtibe 2 by the latter that Mr. Calhoun, while Secretary of War, had disapproved of the course of the General in the Semi- pole war, in 1818. The first cabinet of Jackson had also been broken up, and the Calhoun men thrown out, in consequence of the affair of Mrs. Eaton. Mr. MeDuffie, of course, followed the fortunes of his friend, Calhoun, and was never on good terms with Gen. Jackson again. He took a decided stand with the nullifiers of South Carolina, in 1831 and 1832, and went for the tariff compromise, which was brought in by Mr. Clay, and stopped nullification, ink He had been the most active among the opponents of the protective tariffs of 1824, 1823 and I He acted with the whigs in Congress in de- n g Gen. Jackson for removing the public de- posite m the United States Bank. Retiring from Congress, in 1834, in eonseqaence of being elected by the Legislature of South Caro- lina Governor of that State, Mr. McDuffie served the regular term of two years in that ¢: then retired to private life. He emerge ber, 1 although then in feeble health, to accept the app ment of L tates Senator in the lace of Hon. Wm. C. Preston, resigned, and took is seat in that body soon afterwards. His term ex- | piring March 3, 1843, he was re-elected for six years, erm as a colleague Mr. alhoun, the latter being a short time in the cabinet of John Tyler. The declining health of Mr. MeDuffie did not permit him to display the same energy and frequent participation in debate in the Senate,which had characterized his former career in that body; but he took a prominent part in the annexation of Texas, the enactment of the tariff of 1846, and the passage of the Sub Treasury bill ; but not waiting for the close of his senatorial term, he resigned in 1546, after the close of the long ses- sion, and retired to South Carolina with a shattered titution, a mere skeleton of his former self. ¢ the few years of retirement which preceeded ath, he struggled with disease, almost unno tiged by the world in which he liad played 20 pro- minent a pai ‘The Charleston Mercury of the 13th of March sa, So completely had his feebleness shut him out from all commeree with the world, that and served part of Duri hi the writings of Southern meu,on political economy, would be read at the South, and have influence, while the writings of Northern men stood a chance the South the early tariff notions of Cal Duffie, Lowndes, and other Southern a it was Mr. Carey’s belief, if he had been adequately assisted by the co-operation of the wealthy manu- facturers of the North, so as to carry the plan fully into effect—would bave bad the same influence on public opinion at the South, as his own writings and those of Niles and other tariff men had produced in Pennsylvania and other middle States. A In 1817, Mr. Calhoun was ee by President Monroe, Secretary of War, and infused great vigor into that department, which then began to turn | attention to the subject. of internal improvement, and a» an occupation for the engineers attached to the army, in time of peace—a system of surveys of rivers, harbors, canals, and roads, was entered upon by the corps of engineers—the system meeting with the warmest support of Mr. Calhoun, as Secretary of War, and his adberents in South Uarolina, of whom Mr. McDuffie was prominent leader. ‘It is not surprising, therefore, that Mr. McDuffie, when he Congress, in 1821, as 4 representative of the Edgefield congressional district of South Carolina, by the people of which district be had been elected in 1820—should appear as an advocate of what is now considered a tuo liberal construction of the con- stitution on the subject of internal improvements. With regard to the protective tariff system, South Carolina had become decidedly opposed to it as a measure of public policy, and we are not aware that any of her representatives in Congress have ven- tured to advocate it since Mr. Calhoun sustained the tective tariff of 1516. About the time that Mr. McDuffie entered Con- gress, a serious quarrel broke out between the poli- ticians of South Carolina and those of ( Ra A majority of the Georgians wanted that William H Crawford, then Secretary of the Treasury, who came near being nominated for President, instead of Monroe, in the Congressional caucus of 1816—should smeceed Mr. Monroe in the Presidential chair. ‘ this the Carolina politicians were bitterly opposed ; and although Mr. Calhoun was considerably Younger than Mr. Crawford, they determined to wh the claims of the for earing then fo: eneral Jackson, who was « Carolinian.) And that, we believe, ‘*was the way the quarrel begun,” which caused sundry duels, and a bitter | feud, which lasted many years, between the people of the two States. Among the prominent supporters of Mr. Craw ratic famil. ford in Ge in, was a powertul ariatoc at Augusta, the name of Cummi One 0} that family, Colonel Cumming, a 1 spirit and lofty a beea nvol in lent dispute on the politica! topics of the day wit Mr. MeDuffie, whose re was in i:dgefiel district, S. C., a few miles from Augusta, where ho often appeared in his practice as a lawyer in the Georgia courts. This dispute led to a controversy in the newspapers, and eventually to a challenge ‘and duel between Messrs. McDafie and Cum» No blood being shed at this first encounter. friends of Cumming complained that MeDufli appeared on the field clad in a lastring 5 Which was supposed to be a sort of protection from & pistol shot. It was also charged that one of the parties (we forget which.) k a bottle of cologne ter with him ont J the South and West « bolieved to ha hed in various qu in the New ear hich pleased nmar Inder these circu Duffie received n mn of ough many | \ prominent rank jn the House of linuing an active le \ired im 1534, in conseque: ‘nor of South Carolina. con yoars aa ® ~ goed of Congres passed through many exciting © ‘Adipinistrations of Monroe, Adains When it was ascertained that Mr. ( not be # prominent candidate for the I was withdrawn and placed on the s - neral Jackson, as a candidate for Vice I’resident Boing alag supported foc the latter office by some of Tle had thus during which gives a graphic ed we seem now to be speaking of a great man long er than of one who breathed his last two ago - ireenville Mountaineer says :—** It was the | fortune to know the di sed well and intimately, and we may say, with entire truth, that we have never known a human being of more ex- alted patriotism and integrity of private character. George MeDuffie was emphatically an honest man. With a large amount of worldly wisdom, he dis- dained all triekery and indirection in his private and public life. Filling, as he did, the largest space in the public eye as a politician, it is a remarkable fact, that at no time in his eventful life and brilliant career, has the purity of his heart and motives been questioned by po His extraordi- and thorough honesty, nary genius, prac coun the people of this State, and unsolicited by him, to thrust upon him the highest honors and And no man ever bore his blushing honors more meekly. We know that it was positively irksome to him to receive the merited deference and distinction which his genius and cha- racter always commanded. At the inaguration of President Polk, we were in Washington, and re- mained there a few days after completing our busi- ness, at the request of MeD. to accompany him home—he then being quite feeble, and requiring the assistance of a friend in his homeward travel. In Calhoun joined and accom- We hed the latter place in the steamer about day, and the city autho- jim the ties of the city, and a dinner. After the retired, Mr. Calhoun very kindly said, yuffie, you and Mr. T. inust consider yourselves y guests whilst you stay in town.’ Gen. MeD. good humoredly replied, ‘Where do you stop? Mr. Calhoun informed him. * Then, sir,’ said Gen. MeD., ‘I shall go to another house, for | want no- thing to do with you and the politicians.’ In truth, most exalted trusts. rities waited upon Mr. Calhoun, tendering hospit. he nppeared nervously apprehensive at any time, of being ‘t orved of all observers.’ In general a McD). was extremely taciturn. In the mong intimate friends, no one eon- y and pleasantly. We have never a ner sense of the ridi- and enjoyed an amusing imself.” an ¢ ly child, a daughter, just owhom he was ten- nse fortane, and valuable than her am oyeda high degree of popularity South Carolina, and he served ul commanding oks do not display any nt measures origi with him. His course seems to have been to the defensive, in yeating what he considered the interest of the wuth—for he was thoroughly Southern in his 7 e and wholly und feelings. He was hearti by the people of his State, who appreciated the perfect dis f his character not less than his mar 4 eloquence. Besides servin, the State in houses of Congress, we should . pat he had also been a member State The places of honor to whieh he he filled with com- manding ability and single-bearted zeal. None, among his fellow eiti were ever found to ques tion his motives, or to doubt of his sincerity ‘The testimony of the best judges has assigned him a place among the few great orators this country has produced Shie atyle of oratory was impetuous, but impressive ; his manner of gest jeulation was peca- liar, but effective, and he was always listened to by his audience with tokens of admiration. Ile was fond of illustrating hie remarks by appropriate quotations from the poets. Moore was one of his favorites, and on several occasions be ed from “the Veiled Prophet of Khorassao,” in Lalle Rookb,” to elucidate bis horror of measures and whom he opposed. mete following. from a Southern correspondent, cketch of the last appearance of Mr. United States Senate :— distinguish- S. Senate, MeDuftie in the « The last time I remember seeing th atesman, was on the floor of the ; during a debate on the Tariff question, in 1946. Ile walked to his seat with great difficulty, on ac- count of his paral ; yet declined the pr fored at sistance of Sevier of Arkansas, and J.C. Calhoun, hoth of whom offered him every attention. When he wae seated he wrote a short note to Dixon, he, Lewis, who immediately had his enormous chair wheeled t eek of Mr. MeDuffie, and sided him n preparing bis documents, and in rising to his feet The whole chamber was silent in @ moment. It mgt bare Yovm dom detorvnse to the bodily ia- firmities of the man who could stand by hat “| each elbow pega y sd ‘3 wing el clasped the head of his cane, or it might have been in com- pliment to his to and burning elo- uence: but so it was-—andthe proud, fash eye of statesman seemed to acknowledge this ounage as hisright. His first few sentences were uttered gasps, as tl sh he were suffe: excruciating pains but after he began to warm with his subject, @ became eloquent indeed. His attack was di- peared to njoise fo ding h appeared to rejoi an opponent worthy oO his powers. To describe the matter in which he glided from profound argument into caustic irony, and then again to solemn invocation, si my humble abilities, but that he enchained every heart, ear, and eye present, for more than an hour, can be testified to ae . Ere he concluded, he be- came so excited by his theme as to forget his in- firmities, and remove his arms from their sup) rts; yet,to the astonishment of everybody, he sto Tecly ‘and added the most graceful action to his eloquent harangue. Ashe hed, Lewis, fearful of an ac- cident, caught him ,in his arms, and fairly carried him to his seat. A week after this incident, Con- gress urned, and Mr. McDuffie has never sinco visited Washington city.” ‘The Gas Contract=\ “ew Proposa’ to the city. We learn that our recent exposé of the majority report of the Gas Committee of the Common Coun- cil, has created some surprise and confusion among them. They find that we were far better informed on the gas question than they were themselves, and that it is impossible for them to deceive us, or throw dust in the eyes of the public, whilst we keep watch and ward for the tax-payers. We are happy to hear that there are some conversions in the com- mittee, and that the information we have furnished has enlightened their darkness. A letter, too, from Mr. Cresson, the superintendent of the Philadelphia gas works, has also contributed to the same re- sults. Inreply to some inquiries respecting gas in “the City of Brotherly Love,” Mr. Cresson writes a6 follows:— Your letter of the 13th inst., asking for information re- lative to our gas works, has been handed over to me by Mayor Gilpin, with a request that I may communicate with you on the subject. and I accordingly have the honor to forward the following replies to your several queries, in the order they have been propounded:— 1. The streets and private buildings are lighted by the gas works, which are the property of the Corporation, and ure managed by @ board of trustees elec ted by the City Councils. 2. The works were first put in operation in February, 1836, at which time they belonged to an iation of private capitalists, but were managed, ay at present, by private trustees, chosen entirely by the municipal autho- ities. In March, 1841, the city took of the works, in accordance with an agreement made at their origin, repaying to the individual proprietors their ori- ginal investment, and allowing them the profits accruing in the five years, amounting to ninety-four per cent of the capital. 3. The capital has been increased. from time to time, to the extent required to meet the increase of demand, which at this time is very great. ‘The increase of capita is derived partly from loans and partly from the net pro- fits of the establishment. The subjects of this query will be found in considerable detail, in our annual re- port for the year just closed, a copy of which will be transmitted to you as soon as it comes from the press. 4. The entire debt contracted to this time is $967,000, redeemable at various periods from 1861 to 1870. Of this $364.764 50 has been accumulated under the ‘of the sinking fund, which, at the present rate , will absorb all the debt some years before it will be due, As regards the price of gas, after the ex- tinguishment of the debt, no definite action has yet been had. The present policy aims at reducing the price gradually, until it reaches $2 per thousand cubic feet, with a discount of five per cent for prompt payment. When that point shall be reached, there will arise the question of future policy—whether to sell at cost, or de- rive revenue from the works in aid of municipal taxation. From the tenor of the principal report, you will per- ceive that the piesent condition of the establish nt is highly provpercus; and the lucid report recently ma by Alderman Dedge, of your city » hich em) an accurate history of it fur the L ars, shows that this prosperity has been ~ atinu: reasing dur- ing that time: This letter endorses, to the full | extent, the mi nority report, and proves that we were rig/it in the position we had taken, if any proof were wanting beyond the unanswered and unanswerable facts and arguments put forward in our former article. But to make assurance doubly sure, and to show the most sceptical what a prize the city is about to let slip out of its hands, we shall demonstrate what must be the profit of lighting only a portion of New York, according to the present rates. We take as our data the quantity of gas supplied in Philadel- phia, though we believe the New York Gas Compa- ny furnishes annually several millions of cubic feet In 1849, the Philadelphia gas works sold 127,671,- 450 feet of gas, at the following rates:— : 4,624,060 feet for public lamps, at $1 25.. 10,401,700 do. to Spring Garden, Southwar! Moyamensing, at $175...... (2.744.800 do. to private consumers, at $2 14 127,671,450 cubic feet for ‘The average charge per 1,000 feet, of the foregoing quantity, is, therefore, $1 93; and the clear profit ad- mitted to have been made is $57,000, after paying the interest on their debt—@33,000—or a total gross profit of $90,000. The statement of the New York account would result as follows :— 13,800,000 feet to public lamps, at $1 82... 114,000,000 do. to private consumers, $3 50... $25.116 + 399,000 127 800,000 feet FOr... 6 occ cores cree cece eee ees $424,116 Exira profit on coke, the price being double in New York what it is in Philadelphia. . 1s . 116 Now, if we deduct the $90,000 profit from the re- ceipts of sale of the Philadelphia gas, it would give us $157,333 as the total cost of the gas supplied in that city. ‘The number of feet supplied by the New York Gas Company being 128,550 feet more, the extra cost of coal would be about $35; but, take it in round numbers at $100—this would make the total expense $157,433. The profitto the New York company would, therefore, stand thus :— Yearly sales of New York company......... . 499.116 Total expenses... 066.000 157,433 PROM. 460 ssc cree sores 5 cee eee PRS1,683 Such is the enormous sum of money annually drawn from the pockets of the citizens of York, to «well the coffers of a few shareholders who have already drawn hundreds of thousands of dollars from the same source. There are few sections of this city in which the monopolists do not hold real estate, and it is estimated that their entire property is worth four millions of dollars. The dividend is nominally 7 per cent. But where can Gas Company stock be purchased 7 What, then, becomes of the majority report of the Gas Committee of the Common Council, or of the report of Colonel Childs, by which it was backed? It appears there are certain parties ready to put down mains and erect works to light the city, at the following rates:—Public lights at $1 per 1,000 feet; private consumers at $2 SO per 1,000 feet—the city to be allowed the priv of purchasing the works at any time, by paying 7 per cent interest on the outlay. This is certainly better than the pre- rent monopoly; but by no means so advantageous as the Philadelphia plan, by which the city has its own mains and works, and has the lighting in its own hands, just as much as the Croton Aqueduct Department in this city, have tho regulation of the supply of water. And there does not appear to be any valid reason why light, one of the great neces- saries of life, should not be publicly supplied in the same way as water. One thing is certain—that the mains ought to be- long to the city, for then it never could be taken short by any gas company. Were it not that the mains of the present company aro nearly useless, it would be desirable to purchase them when their con- tract expires. But what ought to be dono is this:s— The interim of two years ought to be employed by the city government, in putting down mains of their own; and then they could either light the city by a gas establishment under their own direction and control, or they could advertise for contracts for lightning, which, by virtue of competition, they could obtain on such reasonable terms as in a short time would reimburse the expense of the mains, and keep the city free from the grip of monopoly, and be always ready to avail itself of any new discoveries in go« that might spring up, by which a reduction could be effected to the consumers. But as no com- pany will undertake to light tho city without a rea- sonable profit on their capital, the wiser course would be for the Common Council to put that profit into the city treasury, in order either to reduce still further the price of light, or to reduce the genoral tasation to bee titierna. ainst Daniel Wobster, and he |, coeadinge a pro The bill in this cause was filed to set aside of the defendant Gra- discharg ham, under the act, as ha been ob- i Sy frend tea Dineanetote: and also to set aside several conveyances, executed by Jones to Graham, and by Graham and Jones to Turney and others, for the purpose of dela; and hindering the plaintiffs and other creditors of the said Jones and Graham from collecting their debts. Tho defendant Jones allowed the bill to be taken as confessed ill, and amcoen. fendant Graham insisted plaintiffs equity by their bill, to entitle them to come court; that so far as it respects him, it suit in equity, upon a former decree of Equity, for the payment of money only ; that a court ofequity has no more jurisdiction again to decree the seca of thatsum of money thanit has simply to ree the amount alleged to be due upon a judg- ment ofa court of law, or upon any species of contract or obligation; although the court may, and do, re- —e him. The other defendants other things, de- did not show any into ercise of it: pprnrisie jurisdiction, to enable it to grant re! in such cases; but that it would be opening a new head of equity to say it should have jurisdiction of all money demands, for the pur; of testing the question, whether the parties fom whom they were due had been legally discharged therefrom by procoedings in bankruptcy. The hearing was commenced in January term last, and the proofs for both parties taken; after which it was adjourned over to the present term, and the argument resumed on Monday last. William C. Noyes addressed the court on behalf of the plaintiffs. He began by saying that there were a reat many general considerations that pressed upon im in this case, which might, with advantage, be urged upon the court, iftime would permit. He would not, however, go into them, dosirous as he was to compress what observations he had to make within he smallest limits. It was sufficient for him to say hat there was a hiatus in this cause at the time he took charge of it, and that he only was induced to assume the oharee of conducting it ia consequence of the attempt ofdefendant not only to shelter him- self from the payment of his debt to tho company, but to add to their loss by seeking to make them pay large bills of costs and as he thought he could eventually aid in the purgation of those claims, he was willing to do so, without regard to professional emolument. It was true, as was said by counsel on the other side, that nothing of a pecuniary nature could induce either counsel to embark in such a cause as the present, and the difficulty had been in- creased not by any necessit; the frame of the bill, but from the desire of the de- fendant to avoid the payment of his debt, and to accumulate costs on the complainants, so as to make this litigation as burdensome to them as possible, a desire which seems to him not to be jus- tified either in theory or practice. Whenever such a desire was entertained ‘by a party it was an at- tempt to commit a fraud upon the law, upon the suitors of the court, and upon the court itself. The duty of all of us, said Mr. Noyes, is to lighten liti- gation, to make it as little onorous to clients as pos- sible, but above all to lighten the labors of the court. And here I may say, with Propriety, that notwithstanding the voluminous and complexity of the pleadings, und unassisted as we were by any one who knew any thing about the progress of this suit, nothing has been objected to in regard to facts except one, and the gentlemen on the other side, conversant as they are in the theory and prac- tice of equity, have not been able to detect any thing in the progress of it, or in our statement, ex- cept that one fact; and when we consider that that has been made by a party who has endeavored to shield himself from his responsibility, we are wil- ling that it should be taken for what it is worth. If the learned counsel who has prepared the de- fendant’s answer had found objections to our bill,they have kept them to themselves; they have made none. There has been throughout, so far as objections are concerned, an admission of our right to come into this court, and we do come into court properly with | respect to parties. Butif the court pleases, there | never yet was to be founda pleader who could ea litigous defendant in drawing a bill—it lways either too long or too short to suit his taste; it contained a great deal that he did not like, and very little that he did like. It reminded him (Mr. Noyes,) of an anecdote of a young student of one of our colleges, who, after going home in ya- cation, was sent by his er to mow. He took up the scythe, looked at it—then turned it one way, then the other, and at last told his father i would’nt do—he did not like the hang of it. Ob very well, said his father, go and hang it your own way. So he walked leisurely over to the next tree, and hung it up on one of the branches. Just so it was with a defendant, who, although he might not be willing to hang his adversary, was always willing to hang up the cause. The gentlemen here, do not want the success of this bill, of course; and having waived their objections, if they had any, they mow seek to raise them at this very inconvenient stage of the cause. But the court will see the conse- quences which would result to parties, if this doc- trine were allowed. They complain of the impu- tations that have been cast on their moral charac- ter; but we have made no unnecessary statements in the bill. The suit has been couducted through- out with the greatest forbearance, and with the most gentlemanly courtesy. 1 speak with regard to myself. We have undoubtedly charged where the facts authorized it, an inference of fraud; but let the bill be scrutinized from beginning to end, and I con- tend that nothing will be found yn it to warrant the assertions of the counsel, who spoke yesterday, of the imputations which they alleged were cast upon Mr. Graham, his mother, and the other defendants. Now, in reference to the old lady, whose fault is it that she td ng in her present position? Is it not the fault of her son, who has made her a passive instrument in his hands? And if that son had ob- served the fourth commandment, “ Honor thy father and mother, that thy days may be long in the land,” he never would have placed her ina ey to bring her into contact with his creditors; ut if a son will be so indiscreet as to de the fault must be his own and not that of his creditors. Mr. Graham has denied fraud by his answer, but if he has been guilty of it the law will find it; and I now say that if he went into ne og any and in doing so concealed his Property, then e is guilty of moral rjury. 1 would not have occupied so much of the ime of the court on this part of the subject if it were not for the remarks wade by counsel on the other side, in retaliation to what is meant by the charge of fraud. Upon this point I refer the court to first Evans’s Statutes, p. 364. I will now pro- ceed, if the court pleases, to notice, in the order I have marked out for myself, some of the ob- jections, taken to our progress in this cause; but fore I proceed to my points in detail, let me advert to what counsel on the other side said on behalf of defendant Jones, we that the bill should be dismissed as against him, he not being properly a party to the litigation. But, as I said before, he allowed the bill to be taken as confessed inst him; he has, therefore. mitted the conveyance made by him to Graham in 1841, and also the conveyance by bimself and Graham to Turney and all the general allegations in the bill of fraud #0 far as they are alleged by the complaint a, him. He is, moreover, a party to our decree apprehend that on that ground we had a right to make him a party to our bill against Mr. Gra- ham. Second Barber’s practice—7th Rage, au Commercial Bank of Erie vs. Meech. hat case decided that a joint debtor, not served with process, was an preditor’s bill, because, although no obtained against him, i fendant might compel a contribution, and aa mecngeemn Bn If we omitted party to our bill it would be demar- Ind he was properly a party for discovery. If he was not a necessary Ez his counsel should have it in a demurrer, but he knew he could not, and Re therefore permitted us to take the bill as con- feased. Ie was also a necessary party as a fraudu- lent grantor, especially when he has not been dis- charged under the Bankrupt Act. Ina case where u bil was filed to set aside an award of arbitrators, the Chancellor ordered a reference to a master to examine the parties ; and in this case we would have a right to a reference to ascertain the property re- tained by Jones, and for that purpose to gointo the master’s office, and to examine him, to show the par- ticular details. So he was a necessary party witha view to discovering the resulting trusts of the prop- erty purchased by Graham in the name of Turney, also in regard to the property parted with by Jones and Graham, Again, if the court pleases, we discover in regard to him by means of the answers of the other defendants, a pieco of roperty to which Graham and the other parties ha no right to. We are, therefore, entitled to have a deeree against him for all those various purposes that I have mentioned. A single other remark will close what Ihave to say in reference to him, if ho was anecessary party, as I have shown that ho was; and not having demurred, but having let the bill be taken and confessed against him, he has now no right to come in here to complain. The additional ion which I wished to make in regard to him ny in that, exeept as to one transaction with Kel- sey, all the operations which are the subject of this cause were transacted by (/raham alone, and from which. Jones is free from all claim; bat, as I have said before, he has allowed the bill to bo taken, as confessed. He is now precluded from coming in here—the court cannot permit him—more espec.ally when there has been no charge of fraud against him. Mr. Noyes continued at great length to review the objections raised by counsel on the other side, Prancis B. Cutting, Esq., on the part of the do- fendants, rose and said, that being rostricted in vint of time, hie argum would, necessarily, not «consecutive in its character, but would be more or less diseursive. In the first place he would apply himeelf to the question of relief asked for by the tiff, and to the gr ls of frawl, which he al- ted he would next apply himeelf to the , whether it was within the judicial powers of this court to grant the relict ght. It was one bing to make © demaud, bub is Woe anvinor Wang obstructions, which are in the way of the ex- — ing out of | court can comply with that . to see what was the scope of the bill, to see what it asserts and asks. It ges that in 1833 the plaintiffs held the bond of ‘ones. Mr. Cutting then briefly recited the various allegations of the bill, and then called the attention of the court to folio and there they would see what defendants claimed to be their right, and upon what the bill is mainly bayod. The court would perceive that it is there stated that they becam: sessed ofan actual and valid lien on the real estate of Graham and Jones, either from December, 1841 | or else from 19th March, 1842, or March, 1 on the lands of Jones and Graham, in the counties of New York, Monroe and Montgomery; but in any event, at either of those respective dates, fhey. had a lien upon these lands,’ but at which of them they leave the court to determine. Now the bill is founded upon the supposed lien at some one of these times, and this idea pervades the whole bill. | In the principles upon which it is framed, exclusive | of any other creditor, it is based upon their right of roperty as creditors bering a lien, and standing upon this right—a right which no other creditors ; have. Time will not permit me, said Mr. Cutting, | to go over the whole of it, but I will be per- mitted to say, it is a bill that seeks for satisfaction of money due to complainants, and that it is ad- verse, a3 respects every one else, although it asserts a right against everybody throughout They also allege that Graham and Jones have no real estate; but they further allege, that they have | an interest in some funds or stock, and that in 1844 Jones fraudulently conveyed to Graham; they then insist that that conveyance is now as against plain- tiffs, i | havin; ol i of the docke: of their decree ; that in 1845 Graham eonveyed to Young, | and that that conveyance is also void as against ; them. It next assumes another character. It charges them with having transferred the real estate (which had been fraudulently conveyed), for the purpose of avoiding the decree; and as before stated, it alleges that Jones and Graham are sessed of some interest of some kind, which tho plaints, have no knowledge of, and they insist they da right to come into a court of equity, and get adecree for an account of their assets. The noxt characteristic of the bill is, that it charges that Graham made another fraudulent conveyance to Turney, the object of which was to hinder and delay the pa . in the Rpnoy oeenad their erogh but in regard to Turney, it sets forth no 5 lc property. It then alleges a conveyance to Mrs. Varma, oy Mrs. Jane Graham, of'a certain tract of land in Monroe and Montgomery counties; and then sets forth at folio 210, that Graham was declared :a bankrupt, and that he obtained his dis- charge fraudulently; and then avers, that | subsequently he aequired property to a large | amount, which was part of the real estate which he | had Penerly put aside out of the reach of his creditors, and which is now vested in him; and the: ask a receiver to be appointed for their benefit, and, also seek to set aside the discharge in bankruptcy. And here I would remark, that the discharge in bank- ruptey has nothing to do with the collection of their debt. A creditor may reach the property which a bankrupt may have acquired subsequent to his dis- charge, without err | or setting the discharge aside. ‘This part of the bill, to annut the discharge, is, therefore, personal to Graham, and affects no one but him. It then alleges that Mrs. Graham, from being a lady of small means, had come out, all at once, with $100,000; and, further, that her son expended $100,000 in the purchase of paintings and works of art; and, then, at folio 253, they fur- ther say, that the general assignee is a stranger to them, and that they are adverse to him and every- body else; and that their claims remains unimpair- ed; and as between themselves and the general a3- signee, they were no parties to the proceeding in bankruptey; and as all such property as was con- veyed to the general assignee passed to Graham, therefore they have a right to recover it, and stand in the place of that officer; and that the property of Jones and Graham may be applied according to the prayer of the bill; therefore, it is a bill which as- serts a lien by virtue of the decree; and that lien cannot be extended on the real estate, in conse- quence of those conveyances; and that they may be set aside, and then ask to sot aside the discharge of Graham. Inthe next place, it is necessary to see what it does not ask, and 1 would cull the at- tention of the court to the fact, that it is not a ered- itor’s bill, inthe legal meaning of that term. It is exclusively for the plaintiffs themselves. If it were for all the creditors, it would be in opposi- tion to the whole scope of the clause which would make it a creditor’s bill, and which has been indus- triously left out. Now, having given the court a history of this bill, leaving out all the parts which had exclusive reference to Jones, let me ask what decree can a court of equity make against him. It cannot reach the legal or equitable assets; and I also ask, what do they show against him? is there any ground against him, except that is an ob- stacle in their way? but surely their bill shows no lien against his real estate. He admits nothing but what they have alleged. They say that it ap- pears, by the answer of other parties, that he owns property, and that the answer of his co-defendants was evidence against him. Mr. Cutting then ar- ued that the court could take no notice of any- ibe cxtsine the bill in relation to Jones, &c. John Van Buren, Esq., followed Mr. Cutting on behalf of the plaintiffs Hie began by saying that he might safely congratulate the court that they had arrived at a stage of this cause which promises a speedy conclusion. The very great length to which it has been protracted is at last drawing to aclose, and we are about to see the end of it. I cannot commence what I have to say on this sub- 7 without first saying that my associate counsel as so very fully, and in so able a manner, presented the case to the court on behalf of the plaintiffs, that I might leave the case where he has left it; but as he thinks that it is right that [ should make some remarks on the points which he has made, will, therefore, trouble the court with some brief observations on tho se points. I will (now proceed to make some remarks about the defendant, Jones. He appears in this contro- versy under extraordinary circumstances. He once possessed a large estate, said to be valued at $200,- 00—that estate has been swept away. It seems that all that large property has gone into the posses- sionofGraham. Subsequently_to the discharge in bankruptey of this gentleman, he made a small monthly stipend to Jones during some four or six months; but prior to the transfer of his library his estate was swept away, and a considerable portion of it to the defendant Graham. Yet it seems that nobody could be found retaining sufficient friend- ship for him amongst all his immense connexion, who would put in an answer for him, or would incur the labor or expense consequent upon defending him when bis entire property was swept into the hands of one of those defendants. It does not, therefore, become any of them to shelter themselves behind hi t would be much more ereditable for them to come forward and defend themselves from the charges Mr. Bell makes against them, or on their own merits; and so it would be in regard to Mrs. Graham. Much has been said as to our as- sault upon her—that she isa female, an aged, se- cluded woman; and those charges are addressed to the court asa ground upon which the principal defendant isto sustain If. Now A gore ask who pat her in this pos’ ' who made her a spec- tator? who made her purchase real estate without adollar to pay for it? who caused her to build houses? It was her son, who now skulks behind Jones. I therefore submit that this canse must be decided upon the conduct of the principal de- fendant alone, with reference to the relief we seek, which is to set aside his discharge in bankruptey, and reach the roperty of the other debtors through him, which iss been fraudulently conveyed away from us. Now, 1 ap- prehend we have shown that the counsel on the other side is in ergor, and that we have a right to issue an execution, notwithstanding the bankruptcy of Graham, to enforce the payment of our decree rom his subsequently acquired property; there is nothing in this case that interferes with plaintiffs except the neglect; the bill states there was a fore- closure —that a decree was made, that it was subse- quently docketed, and that it was afterwards dock- eted in Montgomery and Monroe couaties; that he was dischar; under the bankrupt act, and that previous to obtaining it a large portion of the pro- property was placed beyond the reach of any exe- cution against Jones or Graham. The manner in which the suit was begun, and the defence taken by the defendant, and the delay consequent on that defence, and the way in which the property was placed beyond our reach, shows settled pi e to give a preference to such creditors as he liked to fer. Now I will say a few words in re- gard to some other objections raised by de- fendant’s counsel. In regard to the first objec- tion interposed by him on behalf of the defend- ant, namely, that the court has no jurisdiction of this cause, | submit that we have shownan equit, that would entitle us to the decree of the court. We suppose that this objection, in any aspect of it, ought not to be made here. The court will observe that the objection is that we might collect our debt in another court, and that we have not exhausted our remedy. We think tha on can only be made by demurrer, and not hearing. Let us look, for asingle moment, assuming that ijecti ty cannot arre: I rst place, object that we cannot enforce our decree, on the ground that we have not issued an execution; and if, therefore, we had a right to file a bill, am that fact appears on the face of the bill, that wehad pot issued the exeeution, and also the reason why jad not issued it. I submit they should have de murred, and they cannot now raise that question. It has been said that the English cases show that the decree was not alien upon real estate in England until the party had exhausted his remedy; but that ig not the rule here, and the case in3 Pai cited, seems to me to conelusive on t! . But we had a right to come on here for the purpose of setting aside the conveyance of the al perty of Jones and Graham, unless the objection was taken by demurrer. If it be shown thata party has no real or personal estate upon which you can ety by exeeution, and that he submits to answer natead of demurring, and gees om nad tries the cause, will the court allow him af test the facts that are not denied erry bs og: would seem to me to be a ret of all the rules of a court of equity, that the plea\of an execution not being issued should be set up at the hearing way of demurrer. But we had another 5 by it is this—we allege by our bill, that Graham hed ied e right to come In forthe parpsep of seitag it to come in for the of set it an) y as creditors. We to come in simply fraudulent conveyances, their answer, that it is not denied but we had alien on the estate as entitled us to come into court to set aside those fraudulent conveyances. I will now consider our abstract right to come inta court, independent of what may be done afterwards. The waherty, cited by my associate, shows not only that we had that right but that even where the laintiff fails in showing a right, the court would cree that we would take so much as would go te the generalassigneo. My associate has, also, 8! that we were entitled to come into court to seek a discovery, and he has so fully discussed that of the case that I shall not take up the time of the court with any remarks of my own onit. Mr. Van Buren then applied himself to the other parts of the case, in a very learned argument. Mr. V. B. closed the argument. Decision reserved. FECTS OF MarrimontaL ADVERTISING.— An affair, somewhat novel and exciting, took place in the village of Cutchogue, a few days since. It a pene that Jongh Baker, of that place, and late of Greenport, went to New York a Tew weeks ago for the pul of obtaining a wife. His first move was to publish a notice in a New York paper, stating that a young widower, about twenty-five years of ago, having one child anda farm at a short distance in the country, wished to ontera second time into the matrimonial state with some respectable lady of about his own age. This no- tice attracted the attention of a young girl, in the city, aged some cighteon or nineteen yours, by tho Tue name of bebe who soon responded to Joseph's notice. ‘This was followed by an interview between the parties. According to the account which the fiz ave at Cutchogue, Mr. Baker represented imself to her tv be a gentleman of character and respectability, inthe community where he lived— that he had a valuable farm down on Long Island, with s good house, pleasantly situated, and all the necessary improvements and appurtcnances—that he kept cows and other stock, together with a horse, carriage, &c. After a negotiation of a num- ber of days, a matrimonial engagement was entered into, which was finally consummated in due form, by a clergyman of the city, on Saturday morni last. After the marriage ceremony was solemnized, the parties, accompanied by the mother of the bride, immediately left the city, and took the accom- modation train to visit the splendid establishment of Mr. Joseph Baker at Cutchogue, on L. 1., with high hopes und pleasing anticipations, no doubt. On arriving at Mr. Baker’s handsome country rosi- dence, behold it was not there. Nothi ut a little shanty, situated in a lonesome, out-of the-way- place, with every indication of indolence and po- verty, instead of’ # neat, comfortable dwelling, pre- sented itself to the astonished strangers. The poor girl and her mother, after taking a fair view of the premises, and discovering the imposition, and the mnanner in which the daughter had been du overwhelmed with disappointment, mortification and disgust, at once decided to return to the city. They found a friendly shelter at the house of 5 Halleck, at no great distance, and after makit proper inquiries rex ting the character, habits, an unis of the said Joseph Baker, as they were understood in that community, they declared that the marriage had been brought about by false retences, misrepresentations, and hypocrisy. A lawyer and a justice were soon called in, to untie the knot which had go recently, and so imprudent and foolishly on the part of the girl, been form pH rties. Writings were duly executed, by which the young lady relinquished all claim and right of dower to any property which the said Jo- seph Baker might have, with a consent, on his part, that the marriage contract, to all intents and pur- poses, might be dissolved. The mother and dai ter took the cars on Monday, and returned to the city. We understand that Miss Craig, now Mrs. Ba- ker, is an industrious, respectable girl, a tailoress, in New York, and of respectable connections; and that the matrimonial alliance between herself and Baker was with the advice and consent of her mo- ther, who, it seems, gave too much credit to fair protestations, without proper proof. The girl, we apprehend, has learned that pra an adver- tisement of that description is a silly and somewhat dangerous practice, —-Gremport Repub., March 29. Fancy Dress Batt at Portraxp, Me.—A_ cor- respondent of the Boston Times, writing from Port- land, Me. —The grand fancy ball which came , the2Ist inst., was indeed « bril- liant affair. pire Hall was gaily decked, for the see event, at half-past 8 o'clock. Bright eyes lashed beneath nodding plumes, far surpassing the glitter of the jewelled dresses. We felt ourself in for a time, but soon we were lost amid the represen- tatives of all nations—the grave Turk, the sprightly Spaniard, daring Greek, John Bulls, Highlanders, and sons of the Green Islo—in fact, dear Times, wo revelled that night in fairy land. The music, sweet and voluptuous, floated round us. ‘That music was from Morse’s Cotillon Band, and the best of the season. The whole affair was superb, and the first in this place for many years; and it was got up by the following gentlemen, who were the managers:— Messrs. Fowler, Allen, Mareh, and Riggs, to whona much credit is due. 1 send a few names of the prin- cipal characters of the evening. Miss A—ms, as an ian girl; very pretty costume. Miss H—n, asa land Jassie; Very fine costume, Miss A—In, as a Yankee well acted. Miss A—In, as a peasant girl. L—l, asa Swiss girl} well dressed. Miss C—n, in’ polka costume, ’ Miss P i 'y pretty fancy dress; looked finel a’ Favorite of the Harem. n ‘* Love.” Miss Miss M—r, very ressed ; as were also the rest of the ladies. Spanish nobleman ; finely dress- ed. Mr. Charles Allen, as Siah Bean, Yankee ped- lar; this gentleman kept the company in good spirits jis drollery, all night. Mr. Charl March, in military uniform. Mr. J. Riggs, Spanish cavalier; linely dressed. Mr. Woodman, as Charles II, J. A. Conly, as Gesler; looked well. HL, Boothby, as the Duke of Bi ickingham. H. N. Rich, as John Duck, in the “Jacobite.” Le Burne, in Moorish costume ; looked his character. Mr. Boothby, Highland chief; finely dri and looked well. 1X ight, as Page to Queen Elizabeth. Wm. Allen, as a Yankee pedlar ; quite a genius. L. Iisley, a8 Don Cesar de Bazan; well dressed. Wm. Warner, as a Buecancer during the first of the evening, then changed for a Highland suit. J. McPherson, as } Bozzarim, the Greek patriot. J. Radeliffe, in a Turkish suit ; well dressed. Mr. Walker, as an English million- aire; well done. Mr. Seale, as a sailor. Dr. Heald, as an Esquimaux; looked savage, yet oily. Mesers. Jewett, Scammon, Foss, and others, as Saco Guards, Mr. Hays, as an English Jockey ; looked well. Many gentlemen appeared in military uni- forms, and our firemen’s uniform looked finely amid that gay throng. It was a happy time. Descext vron tHe Lorreny Vexners or Bos tTon—Yesterday there wasa grand charge made upom the lottery venders of the city by the officers of the law. It was, win ge not altogether unexpected; and since the descent upon the propshakers, it wae feared that their turn would come soon. Like all the operations of Marshal Tukey, this business was done up in a lump, that it might be more genoral and effective. arrants having been properly pro- pared, and placed in the hands of officers Morrill, Leighton, Philbriek, Spoor, Pattee, Adams and Rice, about three o'clock the different parties pro- ceeded to the lottery offices in the vicinity of State street, and made a general overhauli dealers in the fancy stocks called Four warrants were sent to } street, and several persons were found there, with the ne an '¥ upon them. Warrants wero also sent to No. 24 Wilson's lane, No. 6 Devonshire street, and several other places in that vicinity. ‘Thirteen persons were taken in the different places. They were conveyed to Leverett street jail for safe keeping during the night, and will be takem before the police court, for examination this morning. There were several of them who were extreme! anxious to get bail, not liking the idea of being’ kept in close quarters over night. Justice Rogers was sent for, but he said it was impossible for him to al- low them to at large on bail, previous to their going before the court. Seeing that it was of no use to murmur at their hard fate, they resigned them- selves to misfortune with the best grace possible. — A very large number of lottery tickets were found in their possession—some were good for prizes. As it is, they may all be consi as blanks. There was some trembling among the victims when the officers entered their establishment, but the force was too strong for them to contend against. and they were captured with scarce a struggle. Ono maa dropped a wallet well packed with tickets down his trowsers’ leg, but on leaving the room, down upon the floor, and hindered his being let free, had been determined upon by the officers. Tho ties will probably most of them be able to give when they are prea before the police court this morning. This affair created quite a sensation about town last “evening, as the persons taken are mostly well known to the community of State street, the head quarters of larger gembling Ca than shaking props or selling lottery ¢ It adds another oe to the wreath entwined around the brow of Marshal Tukey, as a coup-de-main, and the is second only to the o dog war 4 being wo! PF being mentioned in connection with it. The follo are the namos of the. persone, neneess Dy ireet jail: F, &. Freeman, Hiram Levi Jon- ning, Albert C. Eaton, Dwight Prouty, ——~ Walker, Prout Took Brett, De Witt U, Brackett, Dexter Brigham, Georgo Goddard, D, P. Pearson, Samuel Welch, Galva Kaewltop.—Boston Herald, March 29,