The New York Herald Newspaper, April 27, 1859, Page 2

2 a —__—_—__——_—---—— COL, LOCKRIDGE’S EXPEDITION. Our New Oricans Correspopdences New ORLEANR, April 19, 1869. The Arizona Pioneer Emigrant Assocration—Ie Charade and Object—Their Mize: im arizona and F Meshco— Owed Henry's Ter ay Expedite and Major General Twigg Cole —ockridg yg ssligp ba pended, ke. oye As the press cf thY, country, and particularly of the Northern Statet, ” opears to be Paying considerable atten- Yention to anti’ ented \cvasiont of Northern Mexioo by Americans, in counection ‘vith the recently published SMY OT ers of Brevet Mo yor (iencral David E. Twiggs, of artment of Tex, Ihaye been at considerable pains {0 & soptigate the s0yject, and especially the character ®7'4 intentions of Volone! Lockridge’s “Arizona Pioneer “Bmigrant Aseocistig,.”” Ag I am now satisfied that much micapprehension vx'ists in the public mind regarding the ‘whole affair, I w'1] be the more minute in detailing to you not interfere in the state of defence This whole except © “e | the facts Ihave been evabled to learn and assure my- self of. Avy one v/ho will take the trouble to refer to the va- vious gore’ nment reports which speak of the Gadsden Purchase —guch as the third volume of Reports on the Pacific 2 ajlroad Surveys, the reports of Lioutenant Mich Jer and Major Fmory, Ward’s “Mexico in 1827,” or “Wil son’s Mexico’’—will learn that the present Territo- ry cof Arizopa was viors and wealthy department of the Spa- aY b-American colonies; that ita luxurious climate W ad fertile coi) were put to profit by agriculturiste, while “Ma rich and seemingly exhaustless silver mines were * pources of immense revenue to their proprietors and to the Spanish government. The city of Tubac, located among the Santa Rita mountains, in the heart of the silver vegion, was becoming one of the most important of the Mnland towns of Mexivo, and carried on a iderable trade, importing rich and costly goods aud articles of Yaxury in return for her silver ore. ‘A Jesuit miesionary, who was sent into this region in 2687 by the government, and who returned to Spain in "1690 or 1691, reported that :--'‘A scientific exploration of Sonora, with reference to mineralogy, along with the in. droduction of families, will lead to a discovery of gold ‘nd silver eo marvellous that the result will be such as hag never yet been seen in the world.’ From 1700 to 1757, the adventurous Spaniards of Mexico rapidly pushed morthward, finding that the ferther they advanced the richer were the mines and the nearer to the surface was fe ore. While many of the mines they had left were earried to a depth of 800 and 1,000 feet below the surface of the earth, the ore frequently cropped out of the moun- tainous regions of the north. Emigration seemed to stop ‘at the Santa Rita mountains and cluster about the city of Tabac, from the mines, in the neighborhood of which it Jw reported that masses of pure silver were chiselled out ef the veins. However this may be, the of Tubac grew rapidly in wealth and importance, and the richest Jesuit missions in all Mexico were to ve found there, Of course the proud countrymen of Cortez and Pizarro did not degrade their noble blood by working in the min- ing regione, as the inferior and enervaied Anglo-Saxons have cone in California and Australia No, they found Sonyenient to the new mines a numerous tribe of Indians— he Apaches. ‘‘ What & wise dispensation of Providence!” exclaimed the boly fathers, ‘that while this precious meta), 20 necessary to Christianz, is discovered imbedded im the rocky ground, immediately at hand baye we alao @iecovered eufficient heathens to excavate it without hay- ing to toi) ourselves.’ The pious Spaniards were not dis- pored to slight the evident will of a benign Creator, and with the sid of several detachments of troops that were quartered at , the neceseary number of young and healthy Apaches were promptly enslaved for the spiritaal ‘Deneft of themselves and the worllly beneSt of their oslsvere. Many years they tolled, poor and in misery, Mough eurrounded with opulence and luxury, until, but for cocasional instances of death being preferred to en- Slavement, the institation of slavery might have been tonzidered as necersary to the Indian as to the negro race; Dut the day came when all this was changed. The Apaches roee against the Spaniards, massacred them ‘by thourande without quarter for sex, age or condition, and ever since they have remained the wild, independent masters of the country. Tubac was desolated; the mines ave ever rivce been cud starbed; and the few impoverish- ed, onervaied Mexicans who still reside in Northern Sonora, ear to Arizona, keep fearfully within the neighborhood of their towne, quietly suffering their cattle and stock to bo ran off by the bands of Apaches who thus frequently ex bibit their euperiority. Even in the heart of a large town in Northern Arizona the cry of “Los Apaches! joa Apaches!” will cause a wild stampede to the protection afforded by stont walls and strong bolte. Colonel Charles D. Poston says:— When we forced our wagonz bere (the tity of Tobac) over the undergrowth of the highway in September last, 1856, no human being was presen’ to greet our coming, and desolation overshadowed the sceae. It was like the entering of the lost city of Pompeii. The atmorplere was loaded with the malaria of arank vege tation, the undergrowth in the bottom serving as a lurk ing place for the deadly Apache, and the ravens ia the ola eharch window croaked a surly welcome.” Since the time of Colonel Postou’s visit, Arizona has gommenced its resettlement under the successful auspices of American emigration. The Apaches well know the difference in character of the enfeebled Mexican and star- @y Avglo- Saxon, ani tbough etiil more jealous of theae new comere, are extremely cautious of coming in direct con flict with them. The long deserted Spanish buildings are Ddeing fitted up with the rude furniture of the frontiersmaa, while the fruitful soi], so many years lying fallow, is again Deing tarned up by the plongh. But I cannot epeak more Sorcibly of the rapidity with which American skill and Bardihood is reclaiming this long lost garden district, than y stating that there is a newspaper published in the city Tabac, the weekly Arizonian, a copy of which I send you by mail. ¥f American exterpriee. thus individually directed be turning to profitabl unt the agricultural Arizona, it ie no wonder that its mack mo} minera) wealth ebould bave gained attention, While, however, ite alluvial surface can be tilled by each emi grant w thout requiring avy considerable gh the rocky interior of {ts mounta. ination of capital and labor, and th 5 eganization ef a body of men. The Arizona Pioneer As. Bociation, through its agente, bave purchased the titles to several valuable mince in the Santa Rita mountains, in Arizona, a8 well as those of other m‘nes in Sonora and Chibuabva, contiguous to the American frontier. They ave employed scientific men to visit and report upon each of them, and the regults of these investigations hare been 80 promising ag to enable them to secure abundance of capital to carry out their operations. They have ren the active direction of the enterprise to Coloue! ridge, who bas already engaged vome aix hun- dred men, not selected from the worthices eoum of She population of our large cities, nor from that class of reckless adventurers fo frequently met with among she very young men of this country—tney are all hard- working men, Texans an‘ Californians, many of them having considerable experience in gold mining. I have eatiefled myself that these men have mate no pledges, mor were any reqawed of them. They have furnished ‘their own outfits, and receive transportation to the mines at the expense of the association, and when arrived there, they are at liberty to work ai the mines for the company, or settle down to an agricultural life, ae either would be Deneficial to an association so largely inverested in Arizona jande, They will maintain acertain degree of organiza on, and wil) carry their rifles with them, as ali frontier settlers ever bave done. In the neighborhood of #9 pow- erful and dangerous a tribe of savages as the Apaches, this we abeolutely neceseary, for though the present citizens of Tubac enjoy security, all who go out among the mountain ranges to the mipee will be ina measure cut off from suc- tor, and can only rely on their staunch hearts and trae vifles. Atthe same time I bave heen assured, and feel ®onvinced, that the determination of the expeditioniets is Ww abide rigidly by the la ‘work any of their mines across the Mexican frontisr, it will be by permierion of the Mexican authorities, and ‘they will place themselves under the restrictions of the Jocal jaws. When one examines the yield of these mines in the old. | the United States government are determined that armed ence a comparatively pop- | setter, and Wat Mexico was not in 2 and could not be recognized as @ nation.” abject is foreign to the ove Tam wertting OF ~ far as to show what led to the omnaigasion, &¢ _eneral Orders No. 3, dated March 5, the Depart of Texas,” which read'as follows:— : eal ‘The commanders of poste in this department are (i scrutinize armed parties passing Borough the btate proms Ss emigranis, and, whenever satiated that they ave organiza for any unlawtn) Objects, to operate beyond the limits of Texas, the parties will be arrested, cisarmed, and thelr commande. fumed over to the civil authorities, By order of Breve TN WITHERS, Aas't Adj’t Genera’, ‘Whatever led to the General’s ayowal of hostility to Gol. Henry's expedition, that he evidently looked upoa the Arizona emigrants as in collusion with the slave hunters, or having some equally illegal tutention, is evi dent from the wording of his orders; and hence it seems that the rich Territory of Arizona is to be cut off from the benefits of all future immigration, and her growth, so rapid withio the past two or three years, to be suddenly checked, because, as all emigrants require the rifle as well as the spade, this fact i¢ sufficient for thoyy to be stopped and “turned over to the civil authorities” Since the publication of these orders it has been currently reported by the proes that the administra- tion has forwarded ‘stringent orders to the Depart ment of Texas to prevent any armed partics passing through into Arizona, I ve it from Colonel Lockridge himself that he desires no conflict wita the federal forces, that by right should support and protect bis emigration movement, and that, while not fully creditio the report, he has entirely suspended bis operations wnt he learns from the administration itself what are its inten- tions with regard to the expedition ander his command. If emigrants shal} not pass into Arizona, as it does not at the same time give full protection to those unarmed, the Ari zona Pioneer Aseociation, composed of American citizens, most of necessity abandon their designs, they must sulfer a severe loss to themselves, and as well will each man of the expedition, now ready in Texas to push foward, be a sufferer. By the time my communication is in print the position of our government will probably be deduitely known; but until that time the company must sater the expense of delay, which will not be inconsiderable, when we take into view the number of men on their hands. Their organization is complete, their eqaipments and stores are ready at the rendezvous, aad the whole ex- pedition would now be on its way but for the action of General Twiggs and the nnfavorable reports from Wash- ington. Colone! Lockridge is now in this city, stopping at the St, Charles Hotel, waiting despatches, but I understand that he may goon to Washington himself. Here we are in the midst of luxuriant vegetation, blos- | coming trees, flowers, strawberries and blackberries, and should they decide to | en time, it seems by no means strange that they should | Bow attract American capital, skill and labor. The go ‘vernment records of mining results from the tax of ‘Swenty per cent, which was the crown ‘mpoeton the = of cach mine, seems to the reader of this age aimost alous. At the same time \t must be remembered that the'r manner of procuring the precious metal ap to ‘the eyes of ecience at the present day stupidly ru Toe hietorian Ward, speaking of these immense profita, says — “They were accomplished with the rudest implementa, ‘and Without ekill, enter; or capital. The average Field Of the ores did notexceed two and # baif ounces to she owt. of ore, gts water in rawhide sacks up ladders of notched logs. The miners drained their works by car- | Ores Were raised in the same tedioas and laborious | manner, and the crushing and smelting performed with the exercise of ag little skill and enterprise.’’ One of the company’s minee in Sonora, which is over 100 feet in Gepth, war drained in this manner, and their engineer re porte it can be permanently drained at an expense of sbout $10,000 by tunnelling @ shaft which will strike i ‘base and allow the water to run off into a mountain gorge. Lieutenant Mowry, the representative of Arizona in Qon- grees, has estimated the futuro annual produce of the mare in Sonora and Arivona at one hundred millions of Having now explained fully the objects and antic of Colonel Lockridge’s Arizona pionser noremert ee poe @erstand and believe them to be, lot me give you a true ae _ a tg] led to General Twiggs’ army orders, and hie present porition. A Colone mary, late sheriff of Bexar county, Toxas, coneooted We plan for the regaining of fugitive slaves who had cscaped ‘across the Mexican frontier. His plan, I believe, was the more summary than legal one of entering the Mexican territory with an armed force and captaring them where. ever he could find them. Without attempting here to dis. cure the merite or demerits of such @ wild echeme, | wilt *imply eay that it is favorably looked upon and warmly seconded by many prominent cit of Texas; and General Twiggs himeelf, of Southern feel Was thought to be not unfavorable to it. Indeea, Colonel Henry has published his aMdavit (wince the late army orders were Plomelented) to the effect that the idoa waa fretenggerted y Geveral Twiggs bimeelf, who intimated that “ be Woul with alternations of excessively warm and moderawly cool ¢ Indeed, it veems like early Juus toa New Yorker, and I might astonish you with stories of pre- cocious fruit and vegetables, but that certain journals bave forestalled me in a manner which my ordinary gift agination incapacitates me from out Heroding. ur people are awaitiog news from Cuba with breath- lees anxiety, and now is the golden period for those who ht in Shaking their heads significantly, placing thelr gers on t quietly observing with a shake of their hi see what we shail see.’ Strangers of importance in our midst seldom awaken our creole population to any state of excitement, and evea the charming Piccolomini was obliged to pelt her kisses at faces which scarecly were moved at such condescension, Mrs. Ann S. Stephens is among us collecting material to work up {nto a novel iilnstrative of social life in the South, and whic! hile it will probably be as vigorous a work as was ‘Uncle Tom’s Cabin,’ will do the South more Justice. sone ADDITIONAL FROW THE SOUTH PACIFIC. Detalls of the Late Revolution in Valpna- raiso—List of Americans Murdered, Robbed and Assaulted—Horatio Gates Jones Shot, end His Head Transfixed with a Bayonet— Case of Consul Trevett—Action of Hon, Mr. Bigler. OUR VALPARAISO CORRESPONDENCE. Varrararso, March 15, 1859, The Late Revolution in the City—Horrors of the Street Pight—Names of Americans Outragel, Assaudted ant Rothed by the Soldiery—Appeals of the People to the Foreign Consuls—Givernment Difficulty with the United tes ConsuleeThe Soldiery in His House, and very Spirited Conduct of Mrs. Trivett—Rout of the Military— Chilean Hatred to Americans and its Causes—They were Shown as on Inferior Race in California. What a chapter of horrors is a revolution in Sonth America. On Monday fortnight we had a street fight of fome two hours duration, in which a few score, perhaps, wore killed, and the victorious soldiery followed up their triumph by a series of vandalisms better befitting a con- quering army after a eix months siege than the troops of 2 civilized government after the suppression of a local disturbance. Stores were broken into and gacked. Pri- vate dwellings pillaged. One American, Horace G. Jones, was bratally murdered, in the presence and amid the screams of his agonized wife and little ones. Another, name unknown, who was qnietly returning home, long after the fight was over, was coolly shot down, utterly without motive, save that of murder. Another, Mr, Suess, of New York, was stopped in the public plaza, and, with a bayonet gleaming at hia breast, relieved of watch, money and jewelry. Dr. Duffy, returning from lending professional aid to the wounded, was robbed at bis very decor by the guard detailed to eecort him. Gentlemen standing st thoir windows were in number less instances compelled by levelled muskets to throw down a ransom for their lives. The firing was either very wanton or very careless. A score of dalle transfixed the flog of the American Consulate, and as many the oflice, ‘one of which passed whizzing by the fair chéek of a lady who had taken refuge there, and was within an ace of striking the Hon, Frank Woodward, United States Consul for Coquimbe, Hundreds, deserting the port, flocked to t ills for refuge, pursued by the soldiery, elawd by success and excited by intoxicating liquors. The residence of the United States Consul, Hon. William ¢ Trevitt, situated among the hills some balf « mile from the city, was besieged by the frightened fugitives, and some fifty or sixty asked for that hospitality and protection they had been taught to expect from the flag with the starry folds. In these countries, where revolutions are‘epidemic, it is customary to consider foreign consulates as & sort of litical quarantine where one can lie till the maia4; eaves the country, and then come forth with a clean bil of health—a custom of which his Excellency the Inten- dente was not slow to avail nimself on the 28th, whea he left his palace for the more modest mausion of Dr. Antonio Agacio, her Spanish Majesty's Consul at thie port. Th es were asked neither name, condition nor pol y Were received and weil treated by the Con- sul's family, in bis absence—some remained, others re turned to their own homes. On the 2d inst., as the Consul approached his house, accompanied by his secretary, Cherles §. Rand of Pe mw, mn he was hailed by a een- tine) and ordered to stand. He made himseif known bot ineffectually, and after being made to wait some fiftesn minutes, was graciously permitted to enter the grounds surrounding his own house. Just, inside the gate he came upon another sentine!, who, unab’e to give @ satisfactory account of himgelf, was astonished at (inding his musket nearly wrong out of bis hands, At this junetore the Consul’s lady appeared, and stating that ¢ Was aman in ber room who claimed to be an office: and whose conduct had been anything but that of & gentleman, the Consul banded over the sentine! to his eecretary, and meeting the offiver—Captain Ramirez— on the stairway, demanded first bis authority for this introsion, and then, as he bad none to show, his sword, This led to a little personal controversy and the divarmivg of the officer. It appears that Ramirez, count- ing upon the absence of the Consul from the dwelling, entered the grounds through a gap in a damaged wail with some twenty soldiers, hoping to carry off any ref gees be might encounter by a coup de main. Bat though he reckoned without his host, he likewise forgot the hostess, and Mrs. Trevitt proved equal wo the emer. gency. Calling an attendant, sbo bid bim bring hor an American flag, which she threw upon the staircase as the party approached the howge, and, ag the officer attempted to ascend, pointed to its folde, and prociatmed it, in the absence of her husband, her protection against’ insult, Careclese of consequences he del\berately wa'ked over prostrate flag, and, ascending the stairs, rtmeptof the lady, despite of her repeat » retire. He then beckoned to one of ; but the fellow, a common soldi honor be | said—declined to follow, saying, yon the flag, sir; please to aek the iady to put it "Mrs. Trevitt insisted, Lowever, that the soldiers jd not come ap; but Ramirez still ‘romaiping, bow- ever, she yielded the point. To return to the combatantea—while the Consul was die- arming the officer, who resisted stoutly, Mra. Trevitt clos- ed the door leading to the staircase, and piaced berseif on guard outaide of it. About this time the captive sentinel called out for help, and was retnforced by a dozen of his fellows who were lurking near, who caine ruoning to his aerietance, gave Rand a blow in the breast with a mus ket, knocking bim away from the eentinel, and crowded round the lady to endeavor t tear her away from the door she was guarding, and through which she doclared that no one should enter. Mr. Rand pushed th them, and standing before Mrs. Tre7itt, ordered the sol tiers to stand off, that she was the wife of the American Congui. At this moment one of them atruck him « heavy blow ja the face with the butt of hig murket and felled him senve- lee and bleeding to the feet of the indy, where they at- tempted \o bayonet him ag be lay; bat Mrs. Trevitt bent over and shielded bim from their marderous wigns, until, opportunity offering, ehe dragged or carried bim to an adjoining room, and retarned to defend her post. juskets were jevelled at her and others of the fam‘ly and snapped, but ehe gallantly defended the position, receiving sundry braises and inja+ ries, until the Consul and Ramirez got throogh their con troversy within and retired up stairs, when ehe retired to her room. c Ramirez plead hard for his sword, which was only ‘iven back to him upon bis promising upon bie word of Boner to leave immediately with his troops, which ehortly after he did. ‘The affair created a great deal of talk in the city next day, eome biaming the Consul for his treatment of Rami rez, others blaming him for not having shot him—and the facts being distorted in the moet unrecognizable manner, ‘The facte condensed sbow simply a+ follows :—That the government troops had been notoriously guilty of murder and robbery two days before; that the Consul found a party of sich in his house without written orders (they aid the Intendente sent them); that, mindful of the bad reputation of their fellows, and ind nt at the inauite offered to his family and his Nag he determined to eject them from his premises, and, aided by one gentleman and one iady, all unarmed, did #0. On the 4th inst,, at 11 o'clock A. M., ® company of in. fantry wat marched up to the residence of the Consul, sodA note from the authorities demanding ibe inetany 4 in the handed him by the surrender of all refugees 12 § cae by tbe Ay Tan Canine w ‘await te veonlt Of . He al allowed pimpaiches. from his Minister in Santiago “ous formed fot te crcees ame Mero Gur out was men, and, if not giv mand without we a The Consul aid - ¢ force before ny wag ieee ln oe res ~at under guch circum- stances, " resist, be should D* Sompelied to give way to it under protest. He Feqaested, however, the leader of ihe party to allow him to endeavor to spare bloodshed by repre- senting to the gentlemen then in his house the imposai- bility of fight and the uselessness of vain resistance to an armed force of a hundred men—tr toone. Having wenty done this, accompanied by the members of his family, he sbandoved bis dwelling, formally and in the presence of three witnesses, Americans, in writing againet the act then being carried out, forces entered, searched the house and retired, bearing with them the baif dozen gentlemen still remaining there, send you the simple facts ag they occurred and as re- Jated to me by eye witnesses of them, Official compiaint will be made in the proper quarter in time I have no doubt, The general sentiment here, happy to say, fully and cordially endorses the Congul in hig proceedings. These refgees were utter strangers to the Consul and his family—came uniayited and unex ked hospi- tality and received it cheerfully. It ig ono of the ‘‘pecu liar institutions” of Chile, that you are at any moment liable to have a guestor half a dozen of them arrive per stage or steamer, and quarter themselves upon you for a month or so, and in these times most peculiarly 89. When asked to'give them up, it was Dut the natural in- stinct of a gentleman to require some proof of their bel other than the peaceful guests he had known them, an the little delay he is said tw have demanded could not have altered the case in the eventuality, as !t was easy enough to surround the hoase with sentigela, while a little courtesy was being shown towards a Mreign repre sentative in granting a reasonable request for time. The fact is there is a deep and Gawee hatred of Ame- ricavs existing in this country, which will yet bear bitter and bloody fruit, 1) origipated with the California emi- gration in 1849-50, Thougands of Chileans, indolent in physique and morale, tlocked to the shores of Califorsia, with ail those poetic fancies of sudden wealth that come with the delirium of the gold fever floating dreamily in their brain, and, when awakening to the reality of their position, they were compelled to work severely or etarve, embittered by dieappointment, revengeful in dleposition, they sank from one grade to another in Bocial position, were found foremost in many a fray, and while mavy there suffered the penalty of the offended laws, others ré- turned to Chile, to remain forever after the enemy of the race they could not rival. ‘The public prints of Chile havo long studiously ‘and slandered the people of the United States with zistance calculated to do grave injary to our cominere and other interests, and these outrages seem to be but manifestations of that spirit of antagorism wh years has been ripening from aversion into feud, ly nurtured and fostered by artfully selected o from filibuatering organs, bublished with note and ment by the press, ayo, by the official press of this republic. The newspapers to day state that the government has cancelled the exequatur of the consul, and are about to prosecute him criminatly. Ihave not been able to ascer- tain whether this be troe, and doubt whether they will be willing, in the face of guch grave misconduct on the part of their own officers, to commit so silly an error. Varraraiso, March 16, 1859. Additional Particulars of the Murders and Robberies of Americans—Case of Horatio Gates Jones—He is Shot, and his Head Transfixed to the Floor with a Bayoned— Insult to the United States Consul and his Fumily—Action of Minister Bigler—Our Government Exacts Full Satis- faction from Chile. On the 28th of February an effort at revolution was made in this city, which failed in consequenoe of bad ar- rangements and want of arms. The fight commenced at noon, and continued for about three hours, during which many murders, robberies and outrages were perpetrate! by the government troops. In fact, all the outrages and robberies complained of arc attributed to them. During the fight one of the most cold-blooded and heart- lese murders I bave ever heard of in any country was perpetrated. Horatio Gates Jones, a citizen of the United States and an excellent man, was murdered in his own house, and in the midstof hisfamily. A body of government soldiers forced open the door of Jones’ houee, during which effort Mra J.’s brother wae mortally wounded. Soon after the soldiers bad entered the house, Jones was by them shot through the heart, causing his instant death; and to complete the atrocity of the deed, one of them ran his bayoust through his head and fastened it to the floor. Another of the fends took bold of a child and threatened to dash out |ts brains if the mother did not tell them where Jonc# kept his money, and the money of other persons, which he was known to bave in his possession. The distracted mother, surrounded as she was with a band of savages—her mar- dered husband at her feet, and her mortally wounded brother by her side, and her child threatened with death— made no éffert to conceal the treasure, and she told the robbers where it was to be found. The soldiers, ater ob- taining ali the money in the honse, and destroying all we furniture, &c., made their escape. i Although this murder and robbery is known to have been the work of the soldiers, no effort has been made by the government to ferret them out and inflict upon them the punishment which they deserve. The honse of Dr. J. B. Caea Blanca, also a citizen of the United Stater, was forcibly entered by soldiers of the go- yernment, who presented their murkets at the Doctor's heart and threatened him with death if he did not deliver to them his money and other valuables. (ne of the gol- diers, during the time they were in the Dostor’s house took a fancy to his boots, which he was compelied to pull off and give to him, and take in place the old shoes which he had on bie feet. ‘Albert Spess, another citizen of the United States, was on the same cay accosted on the street, and after being threatened with death if he resisted, was also robbed of all bis money and a gold watch. On the 2d of March flagrant outrages were committed in the house of the United States Consul for this port.— [Detailed abor Ed. HERALD. } For several days it had been whispered about that po- litical refugees were in the Conani’s house, bat no notice ‘was given to that officer as to the character of tue men or a desire to arrest them. On the afternoon of the 24, during the absence of the Copeul, an officer and about thirty armed men surrounded the Consul’s house, and the officer and three of the men forcibly entered. The Consul’s lady, as soon as aware that they were in the house, informed tne officer that he was in the residence of the United States Consu!, and requested him to leave, which he refused to do. Soon after, the Congul, bis clerk and and bis nephew ar- rived. The Consul for some time was kept out of his house, notwithstanding his assurances thal he was the United States Consul Seon after be obtained admittance he discovered a sen- tinel at the outer gate, He ordered the sentinel to leave, which he refused to do. nen attempted to force him out of the gate, but before he coald succeed, was notified by bis wife, from the balcony, that there was jicer in her apartment, who had gone there by force. The Congu! then ran to the relief of his lady, and #000 disarmed the soldier of his sword. The soldiers on the outeide, hearing the noise, rushed into the house, crying Out, ‘Shall we kill the Consul? The Coneul then returned the officer bis sword, mpon condition that he would leave with his mea, During the contest Mrs. Trevitt, the Congul’s wife, received several soldiers, and aiso severe blows with the with tneir clenche ‘ Phd and the Conga! and his eon were threatened with feath. ‘Thie affair bas created great excitement, and ie now in charge of the United States Legation at Santiago. It is now rumored (hat the Mioister of Foreign Relations of Chile a few days sisce sought an interview with our Minister, Governor Bigler, to whom he made bitter complaints againet the United States Consai, assuming in relation to the matter a very bold tone. Our Minister replied very spiritedly to the Ssoretary, telling bim that he should insiet upon full justice being 6x tended by the Chilean government to every citszen of the Unite tates injured by {te troops. He then reminded the ¢ en diplomat of the murder and robberies in Val- parairo, assuring him, in plain and unmistakeable terms, that he woo!d demand and insivt upon a foll and complete atonement for a!) the grievances complained ofthat so far a8 the case of the Consul was concerned, the mea who had forcibly entered his home in bis abawuoe, and there committed acts of outrage and violence, shguld by order of the government be severely punished. The prevailing opinion appears to be that theChilean government raised a how! over the Consul’s case to divert the attention of the Minister from the mi of Jones and the acts of robbery and outrage wl have deen reported to him, and perhaps intimidate him. But they ‘caught a tartar.’ Their chief was met im atone and manner he little expected, and very coon was driven ‘nto the defensive, and forced to eay that he bad but . Ue information in relation to the matvers under discus- sion I auderstand that full statements will be sent to Wash- ington city. If £0, they shoald be published for the in- formation of the American people 70 THE EDITOR OF THE HERALD. Tobeerved in a late iszue of the Henanp some very jast comments on the necessity of greater caution in the modes adopted to convey letters to and from the Post Office. The want of proper care in this respect will no doubt furnish an explanation to many of the very nu- merous complainte recently heard among business men {in this city ; but while we admit all this, on cloge inqniry it would be found that the carlessness of the Post Office clerks themeelver have more or lesa to do with getting other people's letters into wrong hands. The discovery would be made, I think, that there is scarcely a house in the city , getting their'correspondence through the box delivery, who do not often receive, among their own, letters ad- dreeed and belonging to other parties; and it has happen. €d more than once within the perronal knowledge of the writer that the entire contents of a box have been passed out to the wrong individaal, When soch mistakes hap- pen with honest outsiders, of course no serious conse quences follow; but where the fact ie other@ise, auch wrong delivery is not only annoying, but fatal, pecuniary interesta are involved, our Poat- master ‘would tighten up this loose screw he would aa- suredly save the pubiic mach inconvenienos and lose, A BOXHOLDER, Deen at New Onteans—Honee Krenap—A dnl took place on the 13th inst., at New Orieang, between Mr, W. ©. Ly of tbat ci leon, of the firm of W. 3. The weapons used were Donnell & o rhot gens, loaded with bail, distance forty paces. After three shote were excha: , and Bo dat done, save the killing of a horse which was graving in line of oo@ of Mr. Lipscomb’s bullete, the parties Jeft the ground, ‘where . "Ww YORK HERALD, WEDNESDAY, APRIL 27, 1859.—TRIPLE |i WASHINGTON TRAGEDY, Trial of Daniel E. Sickles for Killing Philip Barton Key. Argument of Mr. Ould for the Prosecution and Judge Crawford’s Address. The Case Given to the Jury. THE VERDICT. SHEET. fetitenle homicide, as ih the case of a foreible rape. ‘The distinction wa taken, as i, common, law, maki tinction bet@een the party the wor’ gnged by some anthors, a8 Sy vengeance. had received the ap; ‘wherein the ad the fact andelsin. Ithad not been shown to exist any. where, Jn tr this down, wo come to the material Ape yn inquiry, and thé question is, what is the Ppt ries which the q ton sists of the maxims which have recelyed general approba- tion, and suited to the manners, habite, cunome; aad neagee of the people. Undoubtedly. These maxims now constitute the common law of thi District. The law as to murder was suited to the of the ple at time they colonized Maryland, and from ao hat received it, This principle will apply they arise, ani therein consists the mon law over the civil law as our system or gentleman gays the doctrine for which we its first appearance in Mapning’s cage, repetition by Hale, Fast, Russell, and on the common law of England and this has beretofore been acknowledged and un Could any higher compliment be paid? If it has recetved the approbation of these judicial experts, could it be pre- sented to your Honor in a garb to entitle it more to your consideration and reverence? Manning’s case, it is said, ‘was decided under Charles Second, and that it’ is the first recorded cage where punishment of adultery, whether or not the offender was caught in the act, is to be found in the English books, aud that the new law was mede then and there for the first time. I this most gravely dispute. 1 think T can show to the gatisfaction of the Coart that, in- ai Eyiede £ E g' HH i Unanimous Acquittal of Mr, Sickles, INTENSE EXCITEMENT, te, ae, he. ‘Wasmcrow, April 26, 1889. There is a genera feeling of relief manifested this morn ing, by the Court, jury, counsel, spectators, and indeed by all concerned, at the prospect of arriving to-day ata termination of this protracted case. It is expected that, if the rulings of Judge Crawford on the instructions prayed for te not very adverse t© the prisoner’s cause, the cage will be submitted to the jury without further eumming up, in which event a verdict will probably be returned on this, the twentieth day of the trial. ARGUMENT OF MR. OULD FOR THE PROSEOUTION. After Mr. Brady concluded, Mr. Ould, the Distriot At- torney, said he had listened, as no doubt the Court had, with great interest and satisfaction to both the arguments addressed to his Honor on the pending instructions the day before yesterday and to-lay. He admired particu- Jarly the ability and candor which marked the argument of Mr. Stanton, who, boldly meeting and presenting al! the difficulties in this cage, marched up to and con tested them in all their strength. Not only did he admire the candor of the argument, but the brilliancy, power and pathos which characterized it. After saying this much, It would not be amiss for him to remark that the proseou- tion stands now on a@ position tho same as taken by the other side—to wit: that of denouncing the offence of adultery. The question, however, is not of adultery, but one of murder; and whatever vice and criminality may attach te adultery does not relieve this other and higher offence of inurder from the condemnation which the law passes upor it. We admit, in all their fullness, the justice of the denunciations which have been made against adultery, ana that it is an offence which cries sioud to Heayen for condemnation, and to man for his reprobation. do we deny the sacredness of the family relations which have been 80 ally alluded to by the gentlemen on the other side, nor their importance to the well being, the peace and ‘happiness of society; but deeper far,and below all such questions, lies another, upon which all questions of this kind rest, and from which they all spring, name- Jy, the sacredness of human life, The family relations, £0 eloquently portrayed by gentlemen on the other side sprig out of the human life; they are such relations as are social in their character, affecting not man individuai- ly, but springing out of the relations of society. Human iife is the shaft aroand which all such poetries as this are grand which the ig glories of the family relations. There bas never been a civilized nation, never a code of laws, hu. man or divine, where the sacredness of human life did not first and foremost receive all the eanctions which human eociety itself could gather around it. The law made human life its first care, and all concur that both buman and divine law unite to give such sanctions to life as will best secure its preservation. It was truly and well said by the jearaed gentiomen on the other side, that aduitery drives a wife from her hus- band’s side and severs those whom God has joined w- ether. It is true that such iniquity may render desolate the hearthstone, but is it not equally true that by taking away a human life a household may be wrecked? Is one to be cured by the other? It has been contended by the counsel on the other eide that adultery is sin malum in se; ‘but he (Ould) bad geen no books, no treatise relating wo modern society, where it is 50 registered. If 0, then the right of punishment not only beiongs to the injured hus. band himself, but to apy son, no matter how much a stranger to the husband, wid might become a witness to the adultery. It has been cont |, 0D the other hand, that there is no mitigation My the provisions of the New Testdment; but is this so? In the beautitul illustration of Christianity which has been read in the hearing of the Court, taken from the record of the loved disciple, the Principle, the soul which breathes through it, is to be considered, as well as its peculiar phrassology. ‘The gin 18 there spoken of by our Divme Master, and if the adulteresscouid receive hie forgiveness, it couid on the eame principle be extended to the adulterer. No evidence has been suggested that previously the adulterer himself had been geized by an enraged multitude, or by the bugband, and slain. There is no suggestion in Divine record that any such thing occurred. Bust, say the learn- ed gentlemen, the Roman law prevailed there. Does ‘that alter the cage? The Saviour was there speaking of the nature of the sin, and not int reting a particolar jaw. Besides, the Roman and Jawish law, so far as the ‘were caught in the act, was one and identical. In ib cases the sin was visited with the penalty of death, Judietally administered; that this was so must be appa rent from the New and Old Testaments. In proof of this he referred w Deuteronomy, very method of trial, through each successive step, wa? expressly written down from the moush of God: ‘end in thig case, extending to geome extent to the princi- ples of our very Jaw. AS to him accused of adultery, which was 80 beinous to the Hebrews, it required the tes timony of two witnesses to convict him, and the testi. mony was to be given before a judicial officer. In illus tration of the same fact, be quoted from the thirty tirst chapter of Job, eleventh verse, where in speaking of the offence of adultery the following language is used:— For this i: heinous crime, ‘yes it is an iniqaity to be puniab- ed by the Judges. He next quoted from the eighteenth chapter of Ezekiel, tenth verse, to show that not only the adulterer and the murderer, bat any man who became a robber ora shed- der of human blood, or an idolater, or a usurer, should receive the same punishment at the hands of the law as an adulterer. Not only is there a command “to keep the bath holy, buton a particular occasion a party woo ‘went ouband gathered sticks on the Sabbath was stoned to death. It been considered by writers on both Divine and civil law that this peculiar judicial system was confined to the Hebrews, en by God bimeelf, and that this judicial system has not euch a Divine sanction as to be expressly com- manded to be observed by men in all futare time. In the very same chapter of Leviticus, where the penalty of stoning to death is expressly written, the iast verse in ‘the same chapter visits the same punishment, without walification, on parties possessed with familiar spirits, or for he 8 witch or a wizard; and yet denunciations aro launched against an incorruptible judge and jury of Eng- Jand, because when he sat on the bench, carryiug oat the divine law, be visited the penaity of death on certain Witehes and wizards who were brought up for judgment. If, from the fact of this divine order among the Jews, it ‘was to be considered as authority so far as adui is concerned, and {te spirit was to be observed in this age, ‘and under our system of law, the eminent juriet wae not only correct in his judgment, but in this day it becomes your Honor to visit the same on witches and ‘Wizards as weil as om usurere. No man can take up the Old and the New Testaments, and Wok into them with a rit of candor, without coming to the conclusion that ere is the greatest and a marked distinetion between the sin of adu) and that of murder. An illustra. tion was given in chapter quoted by counsel for the defence, of Simeon and Levi, a8 an authority conferred b: the divine law for the punishinent of the olfence of atui- ‘ery, wing killed the ravisher of their sister Dinah. If it bad occurred to the learned gentleman to read fur ther, he would have found that when the aged tather was about to gather up his feet, that he might depar: to his fathere,” when be was inspired by prophecy, and his lips touched as it were with a coal from heaven’s altar, he said. ‘Cursed be their anger, for it was Serco, and their wrath, for it was cruel.” Where is the language for other offences or crimes? ‘It is written all through the Good Book, in such he hw ord ed {8 no qualifioa. thon attached to it. He referred to Exodus, chapter 21, verse 12; ‘He that smiteth a man fo that he die, shail bo surely put to death;”’ and Leviticus, chapter 24, verse 11: “And he that killoth any man shall surely be’pnt to death,’ and Numbers, chapter 35, verse 16: ‘Aud if he smite bim with an instrument of iron go that ho die, he is a murderer—the murderer shall surely be put to death.” bod more; the eh ag of bloodjhimself might follow him ithim to death, &. It reaches back earlier than all that. It was almost the first Divine decree made by the Creator with regard to the offence. He referred to the th chapter of Genewis, 6th verre, and of the peculiar rea. gon which was the mouth of Jebovah why the penalty should be inffictod on tho shedder of human blood: “(Whoso sheddeth man’s bioed by man shall hie biood be shed, for in the of God made He man.” “Fo isthe temple of the 4 ihost,’’ says the New at, and he who purmes him for the purpose of ing bim, commits @ sacrilege against God as woll an offence against man. Ho slays what He himeolf divine, and has made His temple. With regard to the punishment in- fiicted in former ages on adultery, he (Ould) preferred to stend on the Bix. monuments ‘of law, with the sanctions and authorities which had been given to them He did not read the ancient Jaw as it was quoted by the defence, and read from tho first book Of Biacketowe aa follows —‘If a man takes another in the act of adulte ‘with his wife, and kills him «directly upon the spor, ti “4 this wan allowed by the laws of Solon, and likewise the Roman civil law, if the adniterer wae found in the hosband’s own houre, and aiso among the ancient Gotne, yet in England it ie oot absolutely ranked in the eave of | stead of this being a now law, it was in mercy and allevi- ation cof Jaw, eo far af it is universally regarded aod considered by the gages of the common law. I lay down as a rule of common law, which has been re- recognized in Manning’s case, that under no circumstances ‘was murder to be alleviated to manslaughter, excopt there was an act of assanit made on a man’s person or property, and especially so where the slayer might resort to the use of a deadly weapon. But there is not a solitary case before Manning’s time where the slayer resorted to adesdly weapon, except where an asgault had been commit on his person or property, that the offence has been reduced from murder to manslaughter. The reason why this question was ne- yer before reported in the books iz, that up to the time of Henry VIII. there was no distinction bevween murder and manslaughter, Both were clergiable offences, and up to the time of Charles II. no case came before a court for adjudication. What did the common law say to the Judges who denied the principle? That technically and strictly it was a case of murder, rhe a the party was caught in the act. But the comymon law undoubtedly meant to alleviate from murder to Manslaughter in cases of assault on persons and property. Twiaden, in adopting the rule, alleviated to this extent, and to that extent it has been recognized in the common law. The learned gentie- men on the other side mistake when they say this rale with regard to adultery bad its origin in ® corrupt age. Not only was a mercifal interpretation given to the principle, but it was carricd still farther, be- cause the Judge ordered the punishment of Manning to be administered gently. It is not my purpose to defend the English judiciary, but I do say that the history of the English people shows that its judiciary bas been their great bulwark. ju diciary there established, with a solitary exception which starts up here and there in its iniquity, has stood for cen- turiee, as it were, like an Ararat of the Delage, the last point that was submerged beneath the waves of tyranny and corruption, being the first that lifted itself in the light of day. A material question is whether the rule then and there adopted has been coniormed to by subsequent inter- pretation. The progecution has challenged the other side to show a solitary English case where it was ques- tioned. The reports which have come to us show that where they have come up for judicial interprota- tiop, the eame doctrines announced by Reynolds in his reports, have been approved; that before a learned and humane bench in 1445, when an analogous case came up, the rule was approved. He referred tp Fisher's case; algo to that of Kelly, where the same benth announced the same doctrine; also, to Pierce’s case, where Rolfe announced the same doctrine. If it be so heinous a doctrine, so repugnant to the human heart, the learned, able and humane judge would not have travel out of his way to give it his express approba- tion; although in the case ofa courtesan, the learned judge went further in his opinion, and said “I would be faise to my duty were I not to say, even if the party were a wife, and should have committed adultery and been élain by her husband, it would have been murder.” Other autho- rities have already been referred to, which have occurred in the judicial experience of ‘American courts, and two eases particularly in North Carolina, vol. 8 Iredell, and vol. 8 Jones. One of the learned gentlemen denied the application of the cage in vol. 8 Iredell, because it was the case of a slave. In carefuily read- ing, however, it will be seen the learned judgo does not put the law on any such footing Whatever the peculiar relations growing out of slavery, it did not, in his opinion, affect the merits of the case. It stood on a distinct principle, and was treated as standing on the principle of husband and wife, and tho law is there set down with c! and faithfulnegs. . The creo of Jones wae not liable to the objection. He says there was evidence of deliberation and express malice. What was the evidence of express malice In that case? In that case ‘the time occupied for deliberation is stated to be only twenty-five minutes; nay tore—the man had gone off with hia wife and in his company about the time. There had been repeated acts of adultery, and the husband was smarting under the wrong and outrage. After seeing hia wife go off with the adulterer, be pursued him with a wooden mallet and then aud there slew him. I ask who- ther the case, as put here by the defence, ao far as delibe- ration 18 concerned, goes far beyond the case of Jones? It is admitted by the other side that the provocation existed in the prigoner’s mind longer than twenty-five minutes, or that number of hours; and so far, therefore, as proof of deliberation is concerned, the present case pres features which would justify tive Sudersae of the law unced in that spirit more fully than the facts in this case would warrant. ther case has been quoted once or twice—-Byon’s case in 2d Wheeler. There is not one single principle of law as announced by the Judgo that is disputed by this prosecution, and when he (Mr. Uuld) should have the privilege of secing the book he would show the court thatthe Judge distinctly put the case on the true and itentical privilege claimed by the Prosecution in this case. The District Attorney ro- Bewed his argument on the instructions prayed for. He had been endeavoring to show, he said, that the rule adcpted in Mavning’s case was not a tightening of the principles of the commen law, but was rather in, the nature of en al mn than otherwise. ‘The doctrine bad never gone further than that no act of insult or contemely, and no trespass on property, would Justify the slayer in taking the life of the trespasser, ‘and ‘would not reduce the crime from murder to manslaughter. The determination of the bench in afan- ning’s case was in consonance with the principles of com- mon law, long catablished, as adultery was not an aseault on the perzon of the hueband, bat was only combined of the two provocations of insult and trespass. Then to re- gard the conetruction of the law as understood at that time would have convicted the party of murder. The Jaw then for the first time declared that adultery was such a provocation as would re. duce the homicide from murder to manslaughter. From .bat time to this the law had never gone further. It would b» very unwite for courts of jastice to relax that rule. It woula overturn the principles of common law in regard to murder, anit would establish the principle that @ man could kill anotner from motives of revenge. Bo- sides, it could not be restricted to the single crime of adultery, but would aleo nave to extend to the cage of the defammtion of a man’s wife; the prin- ciple that would allow one, would ‘necessarily embrace the other. He referred te Biackatone, where it is laid down that no ingalt constitutes a justifica- tion for homicide. No species of contumely, no species of ‘mere tres) }, and no comb‘uation of the two, had been recognized, im either ancient or modern times, 'ag an alle- viation of the crime of murder to manslaughter. He referred to the case of Smith, tried in 1804, where a man shot another who wos representing a ghost. The jury Drought in a verdict of manslaughter, but the Court refuted to receive the verdict, and the jury retired again and brought in a verdict of guilty. These principies had been uniformly recognized and adopt- ed in this coantry. He referred to th second Wheeler, 447; and recapitniated tl of that case and the rulings of the Court; the law there laid down was the law which the prosecation here recog- nized and the law by which they were ready to stand. If the theory of the defence were true that adultery was a Justification of homicide, as well as provocation, how could the learned Judge, in Ryap’s case, have mid that the circumstances there might tute the crime of marder or might conetitute the crime of manslaughter. There ‘wae an entire uniformity of judicial interpretation ranning through all the cases reported. In the case of Jarboe the question was distinctly proponnded to hia Honor, whether, if the deceased had seduced the prisoner's sister and com- mitted all the turpitude charged in the cass, it constituted either provocation or jastifcation; and bis Honor had de- cided it amounted to neither, In the two Virginia cases—Buyer’s and Hoyt’s, cited yesterday—there was no trial before a Es Mr. Magrader—Defore five magistrates. SJudge—they were tried before an examining court. District Attorney—They were not to be controlled in thie by the ipse dimit of a magistrate’s court, com od iat ofmen who knew nothing about law. In Single- Mercer's case the whole errergies of the defence were directed to the solitary and exclusive issue of insanity. So it was in Smith’s cage in*Philadelphia, As to Shimp’s, in Maryland, he did not know what the facts were; but if Judge Legrand there decided that adultery constitated either justification or legal provocation, except where the Parties are caught in the act, he would like to see such de- clgion. Mr. Mi ler—The jury #0 held. District Attoroey it we ar here that tho eurprised’”’ in the act of 1 of the handkerchief and the oocupation in Fifteenth streeifmight tend to show that In adultery was comm |, but they did Parties wore ‘found’? in the act. nas the homicide may be if the husband porsue the im out of re- venge it j# murder. of the rule showed that it was not intended ximate facta, but as to whether the act. The couneel for the defence if the vaStatecs +3 them, ani #0, tl diatinction rape and seduction Oblite- rated. and if rape, then the fence had wasted all their than oy mij be bgtete by the with condign pun! the de- fence bad started ench a theory, knew y,, before a party was jnetifed in nsing @ deadly weapon the greseor must have used force, the will. ing would be Tt murder. Hence, the coun- wel for the defence had striven to show that evory act of adultery was nevetearily an not of force. That, bowever, wae neither Jaw, nor common renee; there f t & F E | Y E ,-e i tH ¥3 S36 SERS i 4 5 E 5 z E E H i : E eau fei} i ANE: mitted or not, provided the injured husband supposed it then, if he sailied a and shot the person- who he supposed had injured him he would be justi- ‘That, said the District Attorney could not be law— by throughout the whole course of his life he may bave Prove? Lbpects bed die Sabon fra = aa of duty, and insenal of conjugal proprieties; that, to uge the lai ie of my associate, though I do’ not’ oe he slew, and that all this cannot be given in evidence before the Court and jury; but that, under these circumstances, although he may haye com- mitted an act of homicide, he is to be justified on the ground of suspicion, All these doctrines, these abomina- tions, flow necessarily from the doctrine of self-defence, 28 sovght to be applied to this case. On this point of selt- defence he would refer his Honor to the cage of the People against Shorter, 4 Barbour, 460. Mr. Brady—That bas been overruled by the Court of Appeals of New York, reported in 2d Camstock, ithe District Atto would refer to 2d Comstock to see how far it overruled the case in Barbour. He referred to these authorities, and also the cage of the People against. Doe, 18+ Manning’s Michigan Reports. Was there, he asked, any danger of bodily harm to’ Daniel B, Sickles at the bands of Philip Barton Key at the time of the homicide? If not, he put it to his Honor and the jury that the principle of self defence could not apply. ‘Nay more, if Mr. Sickles believed that Mr. Key was then and there ing to his house for the pur- pose of committing felony, much less a misdemeanor, the principle of self defence could not apply as justification. It had been said by the defence that unlees their doctrine was apnounced by this Court and sustained by lang gt A the doors of the people of this Dustrict would have to be clored. Standing here, said he, not as a public prose- cutor, but as a private citizea, }, on the wie the peo- ple of this District, denounce the doctrine the protec- tion of wife or daughter’s virtue’ is to be found in the husband’s or the brother’s revolver. It may do for other countries, for other climes, and for other religions, where the law of force, as applied to wo- man, is carried out in ai! ts violence and wrong. But in a Christian community, where woman is ennobled, and. dignified, and elevated by Christian law and Christian rule, the true and the only protection to female chastity is to be found in the woman’s own virtue and iu her own. character. Stronger than bars and bolts, the flash of woman's virtue is a8 quick as God’s lightning, ani as eure. Far more _ effectual it for silencing seducers or revellers in licentiousness thar De- ringer or revolver. Every pare woman, necessarily and by the gift of God, in Chri communities, carries that ‘weapon along with her. There is no seducer, no villain, Icare not from whence he comes, or how he may have trained himeelf in the ar‘s of seduction, who can resist the showing of that weapon for one solitary instant. I thank God that the matrons and maids of our land have a surer protection than the pistol or the bowie knife. Sad indeod would be their fate if it were not so. If it were so, one half of this whole commonity would not use a weapon, and the other balf would use it wrongfullyand improperly. The spirit of virtue which God had imp! in the woman’s heart tells her, as if iy Ae) flash of lightning, what are the intentions towards of s man, whether hosorabie or dishonorable; and she has but to use for one moment this gift, which God in his benevolence and bounty bas given to her, for the purpose of silencing and stifling, not. in death but in shame to the proposer, every offer that. would imply the slightest touch of contamination or of insult. It is found everywhere. It is a cir- cle of fry, which adorns the female brow, and sheds ite blessed and happy light alike on hoyel and on palace. Jt stands there as the rotector of the wife, though the husband may be on igtant seas, far away from home, with his protectiog arm. It is there ready to resist at'a moment, and to re- sitet offectually, the advance of every slimy reprobate who, under the guise whether of friendship or of fraud, walke- into the house of ate Miyed tho purpose of deflling one of its inmates. very moment ‘ioe bring: the law of force for the purpose of protecting femaie honor, that moment you sacifice female honor. If it is to be protected by the sword, the knife and the Pistol, it is unworthy of protection. Unleas it be that God ennobling nobility, in Of itgeif, and unless it oxute of itself and for itself, it is unworthy to be cherished or known. The history of the world has shown that to be true. Go back as as you please and trace bi from the earliest dates down to the present time— examine all eras and all peoples—and I say that | it stands out on the pages of history, at all times and poet, ct gel ad of its lustres,as the ixed and re- corded truth, that wherever woman has been left alone to the vindieation of her own virtue, and wherever mao hag kept the contaminating hand of violence from ker, for the purpore even of protecting her, she hag risen in ber purity, God ennobled and self vindicated, The great Ge of heaven hag Isid his hand with consecra- tion on the fair head of virtue, and whee the virtuous womap ceasce to be her own tor and ber own guardian, by force of the power which God has given to her, she and her virtue both sink invo the duat, and in ite stead rises the crest of murder and violence, and of wrong, and of dcbauchery. The learned gentie- man (Mr. Stanton) said that when the law does not. or cannot give redress, it is ieft fo natural right. It is not neceesary to rebut this position, although we think it could be succetafuily. Jt certainly givee no right. of vengeance. Jn fourth book of Black page 6, tae dectrine on which the defence seems to rest is utterly ex- ploded by this commentator. The theory of law is not contradicted, that every man ig presumed to consent to the jaws of society, which are made in behalf of society. The law punishes murder, but it is said it does not proper- ly punish adaltery; and the ,® man may say] am remitted to my original rights for punishing where the law does not inflict ishment. This is manifestly an ab- surdity. According to the first tl , it is man’s duty to | acquiegce in such laws as are positively made, There ia & positive law of this community with regard to mar- der, and according to all rational thiz prisoner bas aseented, or is supposed to have assented, to that en- actment. He is prohibited from committing murder, and although the law might not have a specific punishment for adultery, he is not, therefore, privileged to supply such. & defect. Although he may’ have a right to punieh, he has no right to Veer dina if he does, he becomes a wrongdoer. Although he may have a to redress a wrong, yet ne has no right to redress it by an infraction of the haman compact into which he has entered. He having | endeavored to answer the arguments of Mr. Stanton, the | District Attorney proceeded to notice those of Nr. Brady. | He understood him ag contending that the jury are the | jndges of ,the law as well as the facts. “But the administration of the law is divided into three | different compartments. The Judge has hig fune- | tions, the jury have their functions apd the Px- ecutive his, who wears the gladis justitie, MK: he (Mr. Ould) bad read the law aright it was for the Oourt~ to paes on all questions of law. It was for the jury to pase on all the questions of fact, and the duty of the Exezutive,. | under the conetitution of the United States, to decide oc the a dg of inflicting the punishment. These . functions sre separate and distinct, and when | one trenches on the other, a usurpation is committed. The Court has not only to decide the question | of law, but all the law which belongs to the case. [i made | no mater whether it be criminal or civil law, the very j moment it becomes a question of law it became the Court 4 to decide it. It becomes the jury to find the facts aad to » apply the law as it is laid down by the Court. A ques- tion of justification, malice or provocation, ie a matter of | Jaw, and cooling time is question of law; and in thie oon- + nection he com! the arguments of the ‘aoted 84 Bennett's Miseour! ‘Reports, the Common etait ve. corpo Too Be other authorities, in su; of his algo quoted authority which, he said, was nized as controlling in this District, from 6th Cranch, in which was embodied the re- mark of Judge “That it is the duty of tho Court to instruct the jury as to the law, and the duty of the jury to follow the law thus Inid down. The District Attorney had stated what are the functions of the Court and Jur. In addition, the con- stitution of the United States has imposed on the Prosident: ping reek? On Shes, ‘ase Came earaaeee bene Public justice, nam wor. This, by the true policy of the av, is given to the Gone? Me strate for the express purpose of keeping the Court wi e$8 thin its functions, and the jury within theirs; also with and aggravated injas- under form the view of preventing tice fiom Being. perpetrated on a of law.’ As the circumstances been rred by, the defe oth er, ‘no pistol was in the hand of time, Not only bad Mr. Key’ no peter! but Bar none at any time. Nota 5