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RA.I4I:3,W,,'MOORE, & 00.
Ars iloit reeilthig their dpling /Importations and
• " • `n.Vspdtiniest Their tildenrc,mi,
,THIRD ST.;
anoint, sad nomplete . stook -
• - 11!dieldiN AND,DOIIIIB4IO DRY GOODS
bkilieniirindlicesentlarannaid
#Filatlret6 she generally.
ha in; been , reisodelled'eaa
tdiiiliiat to llpprosiiite to scab oLiOo of Watts
isbd!lipirtmeat, ": " '
~gmaithis; PRINTS, i 0.141010,
,!ffAinfil ANDAMINSIIM,OII,I,, . .
,1114)!Lft ANAa n mta.* .
,S1101111B . IIINO,l'In!tfl,jk. TRJ;kiNINEiN
;'>. ~.' :. .VAXPIIISi o.l.l4.oLO'rna, .-
",:- d.r. ,, '.,- .-i. :7 , • ' , I:11001MM & Ramona,
I is "A of iviiii the attantidiiof : --,', ': .'-,, ,' ; --
- I 011311 ANDIIipIit:PTIIIX.MONTLIS BUYERS
325:'325
,
4c CO,.
8.091' DRBBB GOODS,
Ott . - ' iliti;lllANTErtLAB,
111113:1L0191411104414.&o.
. . OBS; • •
No ..$25 AROH STREET,
tarilaw • fall Siousteue*t of all the
lidairio - 4di**l“ Of
* .000410.474, destrab3e, lk.uoorito..4lo
,k141111140,6,ff10t him 004MPut v*l7llol* used, wilib
•, • -•-- ,°"3:214,m,
.OAIDAGg;%'' ' IAtSON'S
.11EPOSITOBIr,
MESS GOODS. , *,
•J WEV.TX 11111111D11i
70210 f ane 121 ;
MEE
JIMGASTIN9B,
*4l*n , rabettrig#:
smug i,ton,
15.15.
17. PIGGOTT,:f -
AND /0 . 131411 t" Or,
- '
, &O.
' - HAB-141111017Z1D TO- 5 ,
O:, , l9OAtTn. FOURO*
Ilais`fulnlio of ftlfOboioi GoOft' Also; Noshing
a}4ly 3 witloli COOla and Short
imeauyero 11141 Invited. ,max 4-26
MADE,:
• •Duurgnig-ik 00.,
. * rogit, toraza.sTazwr,
Hire just opened their recent
' - -DIPOBTAT/ONB
siALLWARES,
'And pollen an inopeetion of their complete and well.
worte,d stock
TO,
130IITENDN: AND 130IITHWESTDRN TRADE
4ilt7T, OVSTON
Are now opening et their, Store,
N o 09' - X All IC IC T 'STREET,
Above Fourth, North Bah
Or '
FANCY DAY ~GPODS, ,
THAR& OWill • ALPORTATIOX: .
And ,mileetfon, which they Wier tot gale to Imyete frost
sll pa fa of the trOthit Stitt*, °Oho ntoet-ybetortorine.2
:4-IA.PFJETV Be, Ro.l3EnTe,'
• . 4.19 BIABEET
. _
EKPOEITERS AND JOBBERD
ryisim, (win, '
- MALL WASEB, COMBH
, -
L9I;IIaNG-GLABBEB,
GERMAN AND PRENOa 741(0% Goppo,
TAILORS'. TRIMMINGS.
. •
DocdP , anb Dynes.
. .. , . ---
NEW : 1 ORK:iSROE, HOUSE. • -
EM4RBOZ4, -- 1111.14WiTEki• &'OO.,
- - r OtAZIRPAO2I3IOIBII OD . ,
. ' ' WHOLIBkLI IMATABRIFIN
' . ' BOOTS. dc , SHOES.
, . . . .us BROADWAY; '; ' -:.'' ,
' .•, :, ' :taw Tgzt. ,
NiaLm lboinsox,,Late lay , 3 . A.0110 Baswaysi, N Y. •
firooll,, C.krki*oo, 40, 00., :Wx. ,O. Oitamaire. N. 1'
~piirp:in. , , ~. .. ~ , litipi, y.4l,imi, ,Iloston,
mar.4o:lni -
11 . ENDRY: 80 xraatiA,
NANURAOTININDS AND WHOLIIIADI DMUS
BOOTS AND SHOES.
N. W. 904. - TNIND, AND, ARON lITRIETEIt
'~PHIL~DBLPHI!
& .
$ $ Naomisum Dimino
13 0 O'T,
STRAW. citOODO.
. • .
RO:•6Ii:2[ARHBT,IIT•B'IIIT.
BEER'• & BROTHERS;
WHOLESALI
BOOTS 3.141) SI:10ES. -
iLiLIt,KET 81ban,
ii TAIEA.
B - . P. , WILT 7 AIAMS &
WHOLESALEI
B 4 OOT AND
WA.IIEHOUSE,
,No+;18 SOUTH FOURTH STRUT.
febB.Bta '
BOOTS,&ND SHOES.
The dabeetibers have oompleted their
81) - 14, JAC STOCK
~- , _
• BOOTHAND SHOES, • •
• Whlole they are prepared to offer at the lowest prided,
ea the natal term+.
1 - - DUSEN,•SHITH, &
403 -fdatILET BURET,
f.bl6-2m Abovil,roarth; ap atatrs. ,
08. T.l-103154 - 1 0 801 NT i/in 00.9:
J
WHOLESALE'
SHOE
. .
WAISEHOUSS,
0..814 MARKET STREET. -
w A Insanneld general assortment of Engem nod_
1:1Ity-male nose eanstanthr on hand.
JVVIOK.'',RASIN, 00.*;
ROOT AND 'OIIO7IWARIIIOIII3II '
fitANtriADTOBT, '
10.425 MARKER BTI9IIIT, Philadelphia.
kayo now on band an extensive stook of Boots'
and Shoos, of ell deserlpfiono, of Oar' own and iltarn :
Ibn:facto*, to which we knee Use, attention- of
Bosparn and,Westeralnyeri.
- ,
R NO IrtOOTMILICER.-11.17(1178T,
EVAN% nil°. Nl6 North NOVRTI4 :. Street, re=
speatfally Informs the publie, and POUTIIMIttI• and
WENTININ 1011011ANT8 _particularly, that he con."
Nunes to manufacture Vasbionable Boots and Shoes to
order; asensingibose who patronise him, that be will
guarantee that bio work will glee satisfaction. both as
regards superior finish and exeellenee of material.
'NANO roam:oak,. - . folO-kor
Onto an ,qt ay)).
, 04.RDE .f .li
NADIAOTBREDS AND WEOLBSAIiII DIMES
HATS. OA i Ss -
SILK- AND ' STRAW BONNETS AND- STRAW
-• GOODS, '
'ASTMOIAL ILOWARS, FEATHERS, RBOHES,
,
&0., ika.
1)() Bott l ik 6 912 . L23 , 4 6,2 R Ml r Egr ßrit°
EXTENSThriaTOv.tc, ° BEST . .TERMS,
. - „ „ LOWEST MOBS.
1859. 1859:
A 4 .Ai:u3 54: :100.,'
828 XAIdIEET•STENET,
• laalto thi attarittoa oe Ba3rada to ad MINIM VW
lag tonipUto,gt oetc
91qt31 . sputiv GODS, Ao.,
.whien cbor ogle Or Calit oronthaidada
etationerg.
HENItY COHEN,
IMPORTER AND *Walt
1-045:14 7 .1T, - AN,D :,RompsTJ'a
STATIONERY.:7 E
UP) rar.osiis oihm:
- • - VASIETY -AND STYLI":
LEY : - :i,giumr #ixttormeg 41cFI,1811191tITITTG
=MD. -
607: CHESTNUT STREET;
oiloarri Tgat 61.+111,80p0i.,
AILEY''B - .PATENT' SHADE -FiX
Tualtz—boalers wilt' pleas liotteertbit I have
s Appoiatad W. NNNNY PAITIeN, No' OM sIakt3TRIIT
OU'oet, flaje Agent for . Philegelpnh,6, ibrolo7ll.9to •• the
44114.0 wlllbe supplk•ast fsetpri
EArt .
Noe, Tat. 11,111;00, geW -1 0.4 ra ,
COFFEE.-800 bagei ',Tai atea fii'atorttalid
li tor*. by - JAMBSGBgsbt. e 004'
•P* • *WV 004 Wl' 114 00,1,
ePjj.iAt*ol - HA:' , ::-'rrU.gSDA,Nc?' :AMU,: 26,.
_1,859,
~,
, •11,-ii'..o 15' :4
- .:t -11 ,t,l: -,
„ , 4 !
g
TUESDAY, APRIL-26,1869:•'
FOREIGN, CORREMNDENCE;
Letter`' froncjialf;
(Porzimipondezos of The Prom] ' •
. , Nice, 18, 1869
Mr DEAR The route betweeti Moe and
Genoa, known as the coribilO,,is vary, justly cele
brated by for its striking beauty; as well
as forthegreat, engineering difficulties whioh have
beenv'everoome ;Wits 'ooniitructree., lt.wae corn,
..„
rocnoed by the Frei:lob. in 1810, and carried, under
thi„&spire,. as far 'Uri Ventimiglia," from' *high
point it was finished by the fiardintati Goverinient
to fierinai:?#.4taiiT shall, doubtless, bevel:novae
tell you ,of fainous road.in tetlef;
these few words must suffice as :anAntrodnotion
to a very pleasant excursion irhioll:We madeon this
route a few days age. , •
• I - was ace ompanied by` an ,Anglishmin-,—a 'mast
pleasing young felloW , in mind and :manners—
and a, young gielotelintitis;been''groWing
too fast, and has been sent ahreil as a corrective.
At an early, hour wetet out on foot for Aonasso', -
.Which, as the Oro* tiles, is not :31104 titan Biz of
_lt miles distant, but by the,road nor liaei than
, 00igfiahe weathal 4 f l 4.4ol4oo4.
fine,: and the views trom different points were sw
peer. The roadilon 'must bearlri:nand,itias'all
along.thwooXat, built and ouloittUttlin,i4esi of, the
mountains, ist a height 0f..1,500:t0 , 2,000 feet above
thesett,Andfollorre 'all indentationt i making it
sometimes most provoltinglytorttioris ; though, on
the,other hand, adding greatly- to dts beauty; by
thiStriking effeotsAlight and shade In whieh the
same objeots are oordinually thrown. As we made
an abrupt tiarn in tberoat tmagninoent chain of
the - Alm covered fresh mantle of snow,
started up before ne like Aiagtt, to the great de
light of the 'ficot, Who liiid - nOye'reeerrUnything, of
theltind before, ,At;_tbili , isoinCtio :little village
of &a is seen, perched meet curlew:kr en•the very
ton of, a conloal rock, Some ;lea hundred feet above
the ,fiell - -Ad no,nno bas behold this place to the
distance, withint.eiPerieniilng this liveliest desire
toga toil,*nit:tom:mot doletter then digress for
a MOMenit,Anitgilret ItO6onnt of , an ;6,o%ir
don we made.therw • roseek 'or' trio •
.sokotiiii,t'96ldso-1,11457i4449tir7:-fpit4z which,
by.the way, SrOU,o4:iiiii of,tke bait :41'4s of Nieto
and:the surroandionntry--welollowed' apath
way winding grou nd,. the curve of "thebay, high
above its beautiful Clear - water, which gleams bo.
Wean the olive groins at your feet—novrehaded i n
its serpentine course biniassiris rooks- 7 1ply 'plate•
resquely overhung by firs and olives, ;The bay of
Vilip,lfranehe is separated from Nice by a small
trieuntidn, :free; the top of .which thCold,foitof
St. Albans perfectly commands both places. The
Russians hive obtained a Small' foOthold here, in
the way of some warehouses, a small dock,
which yon' will recollect 'meats& no small stir in
the political world a little time back. They had
quitea fleet there during the sojourn of the Grand
Duke, Constantine, at lila. ; Indeed, there is st
waye one or more of their frigates' in' the bay. Its
supertioas are about three million square yards, of
sufficient depth for the ]argent ships, and a more'
sheltered and ~beautiful little bay would be (HRH
clan to find. In passing Bean•ifeu, we see the fa.;
molls olive "tree,' subpoiiid to ben thousand years
measuring thirteen yards innitentnference.;
A little beyond this place we sealed is
,precipitera'
crag, acime. eight hindted feet npon'ithloh;
the, little Chapel, of , fit, Affohel overhangs • the,
sea, ,
The heat the.vin era's' emissive, Making our,
ativimturontrolimb - prettr tough , Work 1, but when!
we got to the toe Vrete:timply:repaid iniateing,
tat: Hospice, titt. Jean with. lie pretty little nose,;
and a:variety of , coastlying at eitr feet in all the,
beautitiiitiettitl of a' man. riont- , St. 'Mittel,
pretty, winding descent along the valley brought ,
us to the foot Cf the augar.l6af rook on'whioh Eats'
is buile. - Xseitie-natli leads parilY UP,' after vrideb.
the , ascent is rooky and precipitous, "From the'
Genoa road It ritaftilmest barest:had by a carriage.
• /f this littleyillage of `ab - citti" 1500 iithahltauts,
grouped on the fop of this sterilerock loses seine
what of ittiplotttreeqUenesaby kuearer approtioli,r
you feel'inereasingly interested ei
its old archiitys into iti - outiroly anktortiout
streets, searoely wide 'neigh fOr the dOnkey
panniers. The old and dilapidated houses, mingled,.
indiserimintitely with the, stables;; -.the Cur 106 6 ,.
holes and corners; the wretchedness and absentia,
of life, produced a most Singular iMpression.::
Nothing,but the occasitiztai tread of iltoidonkey
mule, baiting brushweod or other - necessaries foe
the people of Ess;ii ever,heitid in Its,streetr, A
stranger would think it deserted, were it not for;
the bark °twine unfritindly our; or for a few poor
old people and children, who gaze curiously at you:
from the parapets as - you' elowly mount the narrow - .
pathway.. The rest of the people are either work
ing in the adjacent ,gardens•or washing clothes at
a neighboring fountain. -The name of Nes, they
say, came from lola, whose Worship was introduced
here by the Phreniolatut. The - present town is
mediatvaL f Some Of the amine of the 'entrance,' t
is pretended, are Roman. The ruins of 'a nastleare
still seen upon the highest point of the rook, built is
the fourteenth century, and destroyed by the Sara-,
cone in 1548. _
Bat, to return to our .comfagnons
whom we left at the ,snow range. The young
Boot, who, contrary to our adviee, , had persisted in
trying on a pair of heavy new Shoes, whiokhenad
bought expressly for excursion's, now, found his
feekso chafed, that-there was no alternative :bat
to sling them over his ,shoulder, and 'go it hare-,
feet, in true Bootolt style. The peasants seemed
bighly,araused, as well as astonished. ak so extra.
ordinary a eight as a "Milord° Ingleii" without
Alms. Many of them, no doubt, thought him on
a devout pilgrimage to the shrine of our lady of
Laghetto: • • -
fie were exceedingly pleased with the ancient
appearance of Turbid. • It—has a very modern
look in approaohing it, except the ruins of,anuld
tower, which 'stand, in bold outlines against the
dry ; but whe n you , enter it, you are agreeably
surprised to find yourself transplanted to the
:Middle ages; add surrounded with all sorts of old
arches and unique•leoking streets., ,Turbia lies
,about 2.000 feet, above the sea, derives its name
from Troppea, and is principally built, it is mild,
from the darks of the magnificent monument
erected in the time of Augustus. The base of
this monument still exists,aurmounted by a Sara.:
mono tower, now in ruins. I observed a fragment
of the monument - hi:tilt into an' old archway, with
ilome Boman. letters 'ent On It, out whioh,wo
readily made VAT. V I"—part of the name
of an anoient Ligurian tribe.
,The men of Turbia,
are a moat deginerate-looking sot of fellows. ,11.,
have scarcely seen a more, miserable eolleption
anywhere: I ottimake Only one exception, in
fitvor of the muleteer, who furnished aleaat for
our Bootch friend. Ile' Was ; quite the beau-Ideal
oil a banditosith his rich olive completion, black
eyes, beard, — and moustache, and his 'pointed
Italian hat; and, I : isiure,yon, he carried Out
the ;idea very well, for his extortionate charge
woe very little short of downright robbery. ..
Monaco is - built on &little promontory, some,
two ,or three hundred feet above the pea, at the
base of an immense • boulder of rook, called the
Tate•de•ohien. , Its position is very beautiful, and
,118011 from the Oorniette, some eighteen hundred
foot above, Its walla, fortifications, and white
, atutmeed houses, almOst surrounded by the deep
blue- sea, are very effective indeed. A. capital
mule.path winds down the .valley from Marble;
revealing at every,tura some new feature of love-
Baas in the changing landscape. The caprlpioue
indentations of the coast, with its pretty baylets;
,the .bold and serrated mountains now and then
isheotini out into the sea in' abrupt Promonteries
or long graceful aitioniLniellewing in the die.
tame, kept is in continued 'exclamations of de
light. The' Valley 'itself is' a beautiful' little
I . basin, sheltered by a great rampart of bold
orage. The olive grows bore In great
. 11We°.
tion, contrasting finely, in' its dusty green with
• the . rich dark Oaronb tree, and the almond
loaded "with . its beautifil and fragrant blossoms.
The , rays , 'of' the sun falling' through the gnarled
brat ohes of , the upon the bright young
great; and the rod earth of the. terraces, produced
the most charming effects, while the smell of vio•
lets,, and innumerable little birds twittering joy
onelY a,nong the 'trees, stirred till those delicious
sensations peculiar -to the spring -tide. The free
use of whitewash - and colors gives . Itionaco a
very fresh'and gay appearance; indeed, with the
exception of the wall, and corns parts of the gate
' ways andfortiflostieni, there is nothing to attest
its antiquity. • The palette is a large pile -4t me
lenge of the Idereeque - and Italian, so freshened
up as to leek like's thing hf yesterday, 'Over the
entrance is the checkered escutcheon of the Prince,
surmounted by a. crown,. and- eupportecton either
nide .by a monk With , * drawn sword. It bears
`the inscription II Did juverate."
illonaloo boasts of a very , remote antiquity, being
"the Partnillionteol of the dneients: Little, how
ever, is knoWn of it before the iBth ointury, since
which it has gone through all porta of changes by
war and family fonds. It is the smallest prim*
'Natty in Attrope,'embrading' no more territory
then the little town itself, and a few gardens out :
aide the walls. • There was , ildieulons report,
Eon amp Re that the Vidtadlitates weoted tp
buy it—fer:witat purpose no one can imagine,' as its
little Doi° ivoidd soarciely more than float one of
oar goini:eit4 Oyster boats. More 'recently there ,
was najittle' notee made about its being sold to
Some Rnisslitio'_prinee. At present it is under the;
pretoetGa Ofbardinia,- who 'maintains a garrison ,
there, Widelln these threatening times has been
Sent 'to :th4 ' - frentier and eirbatituted -by the Na
tional Ginifd'„ 'a - lot 'of slip-shod • fellows, who
greatly us. - : ',"; .
Wabapperied there just at time of the arrest
Of amitniberWmen, whoilm - patient of their long,
withheid t ikee,for work upon the new casino, or
gamhfinglibusei whieh. the Priebe hie brdlt, had
seised the opportune moment of - the garrison's ob.
senee,,tuatitilade an, uosnociiSsful, densonstration
against the said casino tbe'day hefore. ' The whOle
v .
kingdonti ' as in a , state of excitement, and the
artily, 'con S ;sting of some fifty or sixty men=-a
motley-rensertmout—most triumphantly marched
the ohopfstien prisoners into the - 6 We. -'
1 ,
Good Fir day, I-have learned, is observed at Mo
r:taco in uay that is Seen nowhere else' in - Ett;
'reps.: , Tit" passion of our Saviour is represented
in twenty or thirty tableaux, in whieh three or
four hundred persons, about one-fourth of the
reputation' take part, dressed in costumes more
)r. loos Op/formed to hided° truth, and rioting
their vrwilinicharaotors with due 'gravity. Some ,
timesidairrand Eve are seen dressed d Ia Louie
XV,, eating oranges for apples ; the commander.of
Pentiuo,Filate'e armies bearing a banner en:L-
I blaionieWith a cross, and the Jewish Enters
dnstatettlike ' Turks, Ao. The, three Mary's. are
alwli t in 'at the foot of the cross, carefully
'ft, ` " ,as tradition says these three young
'erliareulways Married in the course of the year,
one can 'readily understand how eagerly these re'•
speativeo4/Sir, would be !sought" 'after: ' I left my
companions hors'de combat, or "used up," as we
, •
less elegatly SO', to return by diligence next day, '
wldle, I, haying had the advantage of a foot tour
among thti-Alps; was still- in good condition, and
walked IMO' til Niacin time for a six-o'clock-din
ner, wherk for the present, you mill
,no doubt .be
glad if I tide my leate of you. • - "
Bat a few more , closing, words. . A friend wri,
ting the from, Genoa; a short time ago, says he bad:
beeeTtiaveiling with a gentleman when? intimate
friend is travelling
in the Sardinian army, and
who, with',other officers, had been, assured by the
Xing thatlbstillUes would be Cominerteed,against :
the - Austrians - this , Opring. -IlOrwithstanding the!
unsettledAate - Of things and the gerteral,auxhity,
the Carnival; -I heir, will- be observed_ with Mtn-
Sual'flipletidefr at Turin.; Aron bare, as Mardigras
approloheK , the masqueraders are morn troilism*:
ly seewthrongly the -week, and on Stinday. there is
i gentiitstitirbont, _arid att eitibitioa "of bbffonne4 1
stiona,tbmstieets, whiob, though - yery dioll, le nioe t; ',
'painful 6,lvltneso on thALord'a-day, if you re
oelleet the old fantastinaf "Parades'whieh vfe', had
Some yearn ago; yon will have a mush -better idea i
of'thiCaralial than 'I elm give you. "It - reaekei
this climax on ,the: last day, -when every hodY
makes a,olOwn of himself and does all be caw . to
contrilintiOlte 'general titainie'mant:, Last (lye-
Ding , I 44'w-eight fellows sewed pp in ,a" great - ,
whitebag,:theKheads• only' being outside, with.,
black Wan tind,White"night lialts, - marehinikhrenst, •
and entiettotiiing to enelose every female mask they
saw, giving them obese, to the - greet Merriment of
the oroird, l ,lron see alt hinds of ridiadons. cos
tumes and carleatures- , -soirte carryingfishing rods,
with bon-berdt on'the linci;'which :the children en.•
deavor to-catch with their months ;' others,with a
carrot*: int:nip, whioh they-jump about among
the laces, 4ffpraitig; great sport and annoyance.
Whatitrikes an American with surprise is; that a
whole p 6419 414 . ft afford so , much time to amuse
themselves.;. They seem to follow their-. Manse-.
mente _rld-festlials with Hui' acme disregard of
time and esisnees , whiell we witness: among our
litemen;_tit - •-bonto. , There is . no. doubt; however,
that .td4sejo, and poverty go band -in band. The
foreign .taildents here have entered with great
spirit iniiilthe •Ourniiirl, and:have been relaxing:
themselvW.Wittt s t oontinued roUnd of gaieties, Ptir-i
, ties, and iia4Wocrsgues—the great one of the . sea;
son havinekeee given hist 'rright by the brother
of Lord,lirettithani. --,The pOtir thiligs will he quite
ready, l''•Aink, for the 'retirement and repose of
the, estratn : e.-Ithave hese taking edme - early, Walks
lately, Aid .It Was really inelanobei# to see the
revellers liiti, geing to their homes for a little Imp
ried ideept.-, Adieu ! Truly yours, , . - '-
W. :
elt!; , ,APter. , R.Seerptary.lotoitou on
'=" 01'6646 • '-
Prom_ the Herald or Fre-edooi.l
Tneeday, April 13,1858
1100011,3 sir —Dace. Bin : _Yours of the
9th' inst. waa received yesterday. • ,
I hovel:ad little thine to coma,* the impOrtant
inbfeot upon which you seem deefroniof eliciting
ui viewa. But it has not been customary with :AS
to.conaesl'my views, and I can, therefore, hav'e no
objection to stating them briefly, although I may
not claim for thim the weightto whioh the results
of matured reflection would be entitled. -
You Ire not mistaken In supposing that I 'eon-
Oedathe point that Kansas Will be a free State.'
I go farther, and admit that leer best interests re
quire the exclusion of alavery from kir hiders.
My experience of this climate has convinced me
that the Territory is better suited to free labor,
and that the prosperity of the Community will be
greatly promoted by adopting that system. In ex
ercising her undoubted right to benome a free
State, It does not follow that Kansas will thereby
indicate hostilityto the Institutions of any existing
State, or •to the fundamental• principles of State
sovereignty, upon which- our 'Confederacy -is
founded. She will but claim her rightful
equality in the Union, disdaining to enter It upon
arty 'terms whielt would deny , to her the supreme
control of her own local and domestic institutions.
It ought not to be forgotten, that Kansas now
restrunder.the :odious discrimination fixed upon
her by the, terms of the not of Congress, pinged
on the 4th day of May last, usually known as the
Engliatelaw. - By the provisions of that sot she
was authorized to enter the Union with, the Le
oonipton Constitution ; while, if she should reject
- that. fraudulent and hated instrument, she was
subjeoled to conditions which have not heretofore
been required of any other new State, and which
were doubtless intended to - obstruct and delay her
admission. 'To this eternal honor of the people
of Banos, thoy refused to enter the American
Ilnidtr. w'severelgn State with a 'Constitution
hot °fail! con choice, although it was sanctioned
the 'Federal Government, and attempted to be
enforced by all powers of- an Administration
falsely claiming to be Democratic. Kansas indig.
'neatly rejoined. the offer of power and indepen
denceorhioh' would have been obtained . only by a
sacrifice of Popular rights and by a gross vio
lation of the principles of the Union into which
eho was bilkd to enter : She has-the glory of
having contributed to the preservation orthe Fede
ral Oonatitution, by spurning the advantage whioh
she 'might. - have derived-from ' a .dieregard of its
most owed provisions. • ' '
In thnorgailleatiOn of parties in this Territory
land' I 'believe, - oleo, in the Upton;) these has
portant 'foots cannot be overlooked. Yon are
right in tempting that Tara not prepared to fain
the Bepub/rcan party but, at the same time, I
-feel compelled to say that, without a complete re
organisation, and an utter abandonment of the
heresies and treacheries of the Buchanan Admin.
Istration, .1 cannot cooperate With the sw called
'Democratic party. ' The principle of, popular Co
vereignty—the right of the people army State of
this Confederamold or new, to adopt or reject a
proposed Oonstitedion, and to determine the cha
racter of their own institutions—is so fundamental
in its- cam:Wien with 'all-my notions of Demo.
oraey, that
.1 cannot recognise the legitimacy of
that organisation which could deliberately violate
Viet principle,
Kauai is not yet a State of the Union. Ifer ad
mission may be opposed on the ground of, her
failure,to comply with those humiliating prem.
Apaleites which, it cannot be denied, were adopted
by those who claimed to represent the Demooratio
party. In , this state of things, can the Democrats
of Kansas blindly unite themselires to the part,*
which baa heretofore thus sought to degrade the
Territory. and which may hereafter. insist upon
maintaining and (interning that cot of degrada
tion ? Until Kansas shall become a State, we man
have no direct agency in the government of the
Union. and no efficient power in polities. It is no
part of out 'duty—it is not even our Trivilege—to
participate in the management of Federal affairs,Why, then, should we busy ourselves in preparing
for oonteets in which, possibly, we Audi not be
able to engage at all? . Our first and most import
ant interest is to secure the acknowledgment of
our rights-4o undo the wrong whioh has been
done—and to vindicate the principle of popular
sovereignty, which has bean so • shamefully vio
lated in our own recent history. The Republioan
porty . has not heretofore professed to favor that
principle;, end the Democrats while professing it,
have utterly disregaided it in their treatment of
Kansan, and some of them aro oven now-proposing
Congressional intervention, in- the shape of PWre
for the protection of slavery in'the Territories....
You will readily infer from what I hive already
Written, that 1 073 opposed to the organirration
of parties in this - Territory upon the politscal
questions which. are discussed in the States.
it is by no meape certain that the present organi
eadons will be permanent there. Everything
seems to 'be in an antiettled condition, and I can
die no good reason why we should enter the stormy,
arena of partypplitica, at lipid until we guilt have
attained a position whioh shall enable ne to act a
part lathe drama. - :
I have carefully examined the Big Springs,
Platform of-1855, of which some time ago you gave
me a copy. Its principles are -liberal and just.
Now that the Free-State party is acknowledged to
be in tlte ascendant, and is preparing for its final
triumph in the adoption of a State Government ac
cording to Its own views, it would be a noble ex
hibition of:magnanimity and moderation, if, re
gardless .of all the indignities and Wrongs it has
suffered at, the hands of its opponents, it should
still adhere to theprinoiples avowed at the own
menoement Of the great struggle. It seems to me ,
thitt, the adoption of the principles avowed at Big
Springs, and this inoorporation of them in the
- Crinetitetion of the State of Kansas, would be an
object worthy of the co-operation . of all patriotic
men in the Territory, and for the present, might
well - put in abeyance all the ordinary eubjeots of
party dispassion and oonteet& Very respectfully
s igtire s ,oe.' - . Farm 'P. STUMM
TRIAL OF•DINIEL E. SICKLES.
Mondare Proreedlnge.
Beeell of Kr. Brady Iv the Defence.
VERBATIM REPORT BY TELEGRAPH
WASHINGTON, April 25
The court room was crowded, this morning, to
its utmost capacity, for fully a • quarter of an hour
before Judge Crawford took his seat, and a large
number of persons besieged the - dooms, • seeking
vainly for admittance. Among 'the spectlitors,•
to-day; were General 'Ohuroltill, II: S. A., and
Milton Whitney; district attorney for• Baltimore. -
As Mr. illoklea entered and moved toward the
dook he was warmly greeted by many of his per
friends.
- SPERMS' OF 'MR. BRADY.
Mr. Brady proceeded to argue the instructions
on behalf of the defense. He was quite sure his
Honor would extend to him,:during the argument
be was about to make, the same polite attention
which ho had hitherto rooelied;and,which he has
delighted to acknowledge. - He sheuld endeavor to
confine himself cautiously to the-proper discharge
of the particular duty, devolved upon him. He
felt, and his client felt, the great importance of
endeavoring to convince his Honor's judgment of
the propriety of the prayers whieh'they asked his
Honor toinstrnot the j He would riot go over
the same ground as hi e learned associate (Mr.
Stanton) had gone over, bat confine himself to
those matters which his associate load slightly
passed over.
There was a great difference of opinion lietweeil
the Connsel forthe defence and the counsel for the
prosecution as,to the principle's on which Mistime
rested, and counsel fur, the proseentien (Mr. Car
lisle). wasin error in going that the instruotione
asked by' defence Were 'purely of an nbareset obit --
meter. The prose: nation had commenced by show
ing a case which might be termed - assarednatien;
and which showed in none of its asPeets mitigation
or alleviation. The District Attorneibed ,repre
seated the prisoner as a walking magetine.an
animated battery, going out from his house on the
morning of the homieidedeterniined - to turn all his
engines, of destrnoti on against'N r. Hey. He is re
presented as knowing Mt. Key to be unarmed, and
as having given the deceased no oppottunity of de
fending himself, but, in a cowardly manner, shot
him down. That statement, however, was utterly
unimetained by the evidence addueed for the prose
cution. Every man would have been surprised if
the evidence had been allowed to stop there ahotir
log only the mortal meeting of the two who
had been hitherto' fast friends. If the cue had
stopped thereoreald not the- whole world have
said that in snob, a case there must have been
either insanity or justification ? While the prose
-Motion thus presented this ease in the opening, the
mantled for the defence had suggested that:their
defence rotted en two grounds. He had seen in
the newspapers criticisms of the defence ; that the
two th eories time inconsietant ; that if the sot
were jastillable; ; the defence of insanity should'
not have been setup. The defends, hoWever, held
:that if the act was not held in law tote justifiable,
they-should have the benefit otthe defence
sandy. _These views bad elicited the &femme 'of
justification of homicide 'in oo'niscqtienee of' proiro;
- cation and of insanity, and it was in reference to
then, three defences that. the requests had been
prepared. He must here take issue with the pro.
mention. ,
.. ..
In reference to' what the jury wore to ao; he
had putild inquiry on that point to the District
Attorney sonic days ago, - but he had not heard a
sotisfaotory answer sine that. . What ho esteem
ed to be the ablest ruling on that point was to be
found in the case of the state vs. Crotean, 23 Ver
mont
Reporte,-p : 1.4-irliere'this tale is laid down.
This power of a jury is doubtless liable to abuse,
and so is the power of a court or of any other hu
man tribunal. But while a jury or, court keep
within their priper sphere of jurisdiction they are
in the exercisesof the powers conferred on them,
and are in the* performance of a legal right—and
this, thOugh they may by-the abuse:6f - the power
be guilty of a moral wrong .„
The extent of the jurisdiction of a court Cr jury
is measured by what they may or may, nottleolde
with legal- effect, and not by the eorreetnees or
error :of their decision. *. Thus, the butcher Jef
frays, hy virtue of his office as judge, had thopoll
tioal power, and consequently the legal right, to
°ended the,trial of Algernon Sydney, and to glie
his opinion upon, the las; of the case, in his
Charge to the jury, though for his shameful abuse
of the right he :may have inourred. the deepest
moral guilt; so the jury In a criminal trial have
the legal tight to decide thelaw as well as .the
fact Involved in this issue,hut does not give them•
a right, by 'a wanton disregard of-law, to deride'
arbitrarily:.
The, counsel .also referred to a ruling , of Chief
'Justice Shaw, delivered 'in- the Supreme Court of
Messaohneetts.' Ho 'did not wish,ln the prefent
state of the ease, to refer to:thecae authorities ter
any other purpose than to showlhat they.were
consistent with.the imiritofids Honor's ruling on
'various occasions. Thecounsel referred to Sedge
bra wford'a riding in thellerhortease: It be could
v iltr
believethatthe viewed flu :maned for the oie-,
cation were correct, proud " as be Wei of h og
been born 'in this. land, proud as he felt-in
groat destinies, he would rather live nudely e
• worst despotism on the faeketthe earth. . : . ', ,
I verily believe, continued the ooliteet,,th . t
nex ~„
t
to - the i n tegrity of the Judielaryothiela hone
will always continue, as it has done in the past, to
adorn our national ohuraoter,—r next Le .that is:the
' importanoe of preserving the trial. by jtiry, impel
<daily in criminal cane, intact. I 'do - not recog
nise In the Declaration of Arnerloin Independence,
'in the statement of all the abuSes that led to -the
revolt of the American colonies, anything settip
as the' occasion for the war of the Revolution,
that compares in importance with the right of
trial by jury as it now exists in this land. And
'mach as I abhor the shedding of - blood, and cow.
witty as I might be found when the hour of dan
ger came, .1 . would be.willing to lay down my life
and wade to any extent in thil blood of the foe to
preventlhat palladium of liberty from being in
vaded•for one moment: - •
Turning our attention now to that Sunday'
morning, and to that point am:am:4oa us see
who the parties to it were. , Zia' in the rank of
gentlemen, eaoh. a lawyer, each a man in public
office. Looking at the relations that had existed
between them as perfectly established, in this ease
we find that they had been close personal friends
—we find that Mr. Sickles had,,to the beat of his
eatnsity,mrged the appointment or retaining in
office of Mr. Hey; that Mr. Sickles was desirous
'that be should discharge the duties of District
'Attorney; we • find that Mr. Sickles bad recom
mended clients to him—had employed him as his
own counsel, and had given him free access to his
house, in the exercise of that hospitality -prevail
ing in this District, to which my assoolate (Mr.
Stanton) has so ably referred, and• to which (be
fore I go away, perhaps never to return,) I, aa,a
stranger, want to bear obeerfal and heartfelt tes
timony. In view of all these facts, there is no man
in the Distriot, possessed of any intelligence, who,
knowing anything of' the antecedents of Mr. Key
and Mr Sickles, could have supposed that Mr.
Sickles walked out of his house that Sabbath
morning—left his home and his wife, and that
darling Wessell' of hie beartr.rthet child who has
been polluted by the Mush of the adulterer--
could have walked out of his house, in the light of
day, under the blessed sunlight, and.% the face of
heaven, and committed an assassination on the
person of his friend'
Therefore your Donor asks, the jury asks, and
the whole world 'asks, how this thing was? The
whole world, your Heuer, has Its eyes on this ease;
and although there may seem. to be egotism in
volved in the remark which Smelt°, reannothelp
saying, because I am heie in the dleoharge of my
duty, that when all of us shall have 'passed away—
when each shall have taken'his ohatnber in the
silent halls of death," and while some of us would
have been totally , forgotten but .for,:thls unfortu
nate incident, the name of everyone associated
with this trial—lrom your Honor, who presides in
the first position of dignity, to the humblest wit
ness that was called on the stand—will endure so
long as the earth 'shall exist. ,
,Tbe whole.world, I say, is watching the course
of ,these proceedings and the nature of the -judg
ment, and'T believe 'I know what kind of a pulsa
tions stirs the htiartof the world ; I think I know,
if the earth• could ha resolved into an animate
creature--could have a heart, and a soul, and a
tongue—how it would rise hp in the in 'of
space, and pronounce its judgment on the features
of this tranicietion: •
Now, with these two gentlemen thus coming to
gather ; with the fact before us that the District
Attorney (Mr. Key) had boon consulted as earned
of Mr. Blokles in relation to the very house which
Mr. Sickles 'oioupied at the time when Mr. Key
was one of his most cherished guests, I will be
permitted, in favor of the instruetions to which I
will presently refer, to put before, your Ronor a
very brief outline as to the undisputed foots In
regard tolhe meeting of Mr: Sickles and Mr. Key.
will, by stifiloient testimony, endeavor to da
guerreotype the event precisely as it occurred.
These: gentleman aro brought' into contact;- a
loud conversation occurs, wind' no witness under
takes to give; after a loud ooliveraation, there is
hoard what may be a 'gentile, or a tussle, between
these'partles, so that, to Mr. MoCormick's eyes, it
was a street-fight, and 'he oould imagine it to be
nothing else., In the course of.the encounter, Mr.
Suckles drew a pistol, And fired a certain number of
shots, which took effect At what time this moor
red, and in what position Mr. Key was left, ion mat
ter of dissension and doubt. The testimony of the
prossontion is conflicting; the result is, Key re•
calved hie death-wound, and was taken to the
Club Rouse Shortly after, there were found,'near
the Spot, an opera-glass, which belonged to him,
and a Derringer pistol. To whom did this pistol
belong, and who used it in this encounter No
witness pretends that it was in Mr Sickles' pos
session. Nothing but a revolving pistol,—there
is no statement, hint, or insinuation from any
witness that he had any other weapon what
ever. The comilusion that he had is entirely
excluded by the proof. f again ask, who owned
the Derringer pistol? You remember what proofs
we proposed to give about Mr. Key being prepar
ed for any' emergency: 'in view of the facts of
that collision, that pistol belonged to Mr. Key,
and was used by him, in that encounter. Thls is
made conclusive. Although the personal friends
of Mr. Key, have been around the table, watching
the result of the trial, including Mr.' Jon*, with
steadfadt and searching interest, not one has asked
whether 'this Derringer pistol was in Mr. Key's
oesoeston ! No witness was- brought here to say
bather Mr. Key, had such a pistol. , Not one who
attended to his domestio affairs, who brushed his
elothes, was asked by hie Mende or associates, or
permitted to state whether this pistol belonged to
Mr. Key.
Mr. Brady then read the, second, and
third instructions heretofore presented by the de
' fence, viz :
First. There is nopreaumption of malice in this
ease if any proof of alleviation,corouse,,or
jusli
fication ", arise out of the evidenots for the prosecu
tion. State vs Johnson vol. 3 Jonas, page 285 ;
McDaniel vs. State, Sthead'a and Marshall's
pi, SO' Da's ease, 17 of 'pamphlet.
Seoehd.' T he exiitelade •of ulaliee ai4: pre.
, . - _ •
TWO ,CENTS.
amoebic in this ease,' if,_en anyliattOrial ibeerY
consistent 'with all the' evidence,' tlie , heinielde
was either•zjestidable, , exonsable, • or'`-an--act
of manslanghter.,..Sapte oases as above cited.;
S. vs. Min g o, iol:l,lliirtis; - 0. o', It: 1, Ceram*
Wealth'or.-Yerli; - .V01f , -4,. Bennett rind Peard,
leidiun criminal oases, peke-505,2 ' -
g Third. If, on the yrhole ,evidenonpresented, by.
the prosecution, there is `anyrrationalehypothens
consistent with the - conoluslort thee:the homicide'
waitjtudifiable or excusable,o,o4ool4de:et cannel
be convicted. • . -
He cited the cause of the 'United Stateiragainit
Mingo. 2d ,Curtis' °lnuit , Court Reports. o - Mingo,
and Johnson, Hui deceased, had served on board,
the eame ship, on its way from Apalachicola ;o
Boston:' The defendenerras - a Hayden negra, - and'
the deceased a colored man - from:Baltimore:: Joh
Con was armed ,with a hatohet„ and Mingo with ,a
knife. Johnson received three Stab's. ° Brpressiorii
of anger and ill-feeling' - before thermtirder were
heard, but as to .whieh party Made:theetteek, at
what time of the affray each armed _himself, and
what were -the'words used;' the' teat :all 6f the
nt rry ne wltneeiee who
„saw the affraywria:contredie.
n this Case there was a_ reWelier its tbeliandi
of Mr:Suckles, and , a Derringer intheeeof Bey,
and there is no mortal to gainsay it. A dumber
of witnesses .have heen. , ,earamined for the prase ;
cation. Ilere, as there, - ne one gave the origin of
the transaction:: Mingo gave.Tehnsonllirie
Sickles fired three , shots,: altliougit,but one was
mortal. Anil not rightin saying -no mortal,man
in view of the Derringer - pistol knows Whit were
the'worde, the proveeationAt the moment of colli
sion, and what-was reallykthe poaltion of the „par,
ties?' Did not Sickles aconite, him of having? dis
honored his hordes, andmey not-Mr: Key have re ,
plied; "1 haVe; Andy - moan make the beat ttit'Li"
andthis reply may-have been imeempanied by Pro•
faiiitY, he drawing ari opera-glass for pneimrpeee,
and the'Derrieger for"ariother: ' ; -
. Who can say thit anything I have Stated is in,
consistent-with the testimony addneed
ask' that you rest the, case on -the ground - it was
placed by Mr'. Stanton, who heactio adorheid it by
„elotiuent powers., We 'stand on;.tha law of
God, tattles lawef man, onjustice, irrespective of
the queithori of insanity. Before entering more
particularly into this jastifiestion, let-Manly my
learned friends produced. the bnileb,found !, in
_the
person of Mr.lCeyendlehioliprodneed the mortal
sv
wound. - When the balletas prOdneedreapposed
it:wee:ad fit thci Derringer pistol; imditlierdere an
,Ilfort , was made ha connect ,Sitikles with that, but
unfortunately 'the ballet would not the Der
pistol. "The - Millet Which 'killed Mr. Key
came oat of the revolver. .-;
_Whathesame of the bullet fremAhe Derringer,
which was found to be Pdr.'Brad.* then
referred to "• the. -charge of 'dodge , Curtis, In the
care recited against ;Mingoi ttakeenreholding it
was ineambent on the .Geverninent.ti vi prove isle
timer killing, and If,:on the - whole
-Government failed to' flattery: theln6 that theect
was :chalice!. heyeride: reasonsola, daub!, there
must be a verdict of-not gitlity; Dal do not think
(Mr. B. said) this' Griderrunetit thee' frotred; airre.
gulled, a °awnf xrituderbeyond altrrewsonable
doubt ',lf that oase. wee more confused . then
lam not able , to perc eive _ .
never /lair Mr. Keibat once, abduct his face
then;'-bu t whateverelee might be said about him;.
none of his friends, or ,any MAY who - knew
Would say that he would riot , in prefer case; - unz
der a ilglatfhl nibroeitiOni fight. - ''And I ttilif , eilibe
would stand in the saute category ae described in
the case rhave,just read, *deb „Int.r, being
on the - deck; angry WOMB !imed - between 'them;
both . being excited and toady to fight,iermid theca ,
selves siraultaneensly., Both fonght,f and Johnsen
was killed. The jury, in view of all the facts,
acquitted Minor. , .
Mr Brady referred to,the judge's ruling in the
'case of Day,. eying ha had Made thcisaretioirke to
showthee the, prayer of , tha,defence l was pot an
abstract , preposition, not„a 'hypo th esis for which
there - was no preen° wa rrant. -If so; ylibleiroiror
oonld not listen - to it a moment:' , -- - It le B , feet - the!
four shote.were- fired in . this amai n and frost t Ate
evidence, as it stands, only three sh,la from the
'pistalof Sickles. • 'As to fourth' Stet; rain net
called on to say, or - knee,. who ,flridit;- but I am
.permitted to say that the Derringer pistol belonged
to Rey, and the evidence ihOws wee heed in this
anoontiter.' There is a eirinfmstarioe than - mat ion
elusive inthe world., The gentlemen who 0 ame from
the Club House understood tide thing,as f do,-that
there - was no reiasonfor reeking artinatlidokleieri3i
atotteation; :The Club Honse - was thirresort of Mt."
Hey , . His fifendswern - litere ,latatimber at ;the
time in . sueStion. „Wheriit was easertailed' that
Mr. Re y was lying near thadoot,'lti a -dying oonL.,
dition, theaa personal friendrHgentlemeit or• ohs.
reaterrand nodoobt ,of couragaiendfeelingelive
to the ireportanae"of Maintaining
„the law, hiving,
a part 'abhorrence otbleod and looking en Weasr
nation, ith disgust—oneing 'to- the scene did .not,'
interfe re •to prevent Mr. Sie h lea from firing. _They •
heard from Mr' Shiklei the remark,' "He has 'de
filed my bed," • or: "dishonored my hoine,"*, and.
allowed-him to pear away 'entirely. unmolested ;,
no one orying sliameLor, murder ! no one calling.,
an`illoar or attempting to arrest-hits. A' jury•
made-up of Mr.'Rey's friends mightsay he might,
walk free es any„citizen, no one to stay, lacuna.
The fifth _ prayer , as presented by the defence, is, ,
that it is for the jury to determine . under all' the;
oireamstances of the cateovhother the act charged"
upon Slohles',,is sender. or justifiable houdehle. 4
When we prat - Mit:id theirietrietiona," we liibiniaedl
ire - had conformed to year 'lrolior'irrufing in pre-;
violas eases; feeble connectionl remark, in_pase-;
tog, that the ease of. Ryan le apsttitherity directly,
in poltitiihat,,lPS for :thatliiry,ool,ll-.3hisfevil
,tererwith hiswi.-le-kigiefkeSitegitiltfegidtf.
mentiengillet. W 11; daretg lheed _ inatritq'doge- cif
that. , When Mr:OarliihatialdtinilestrittitlithiWere
drawn- lidroltry; he 'gins as oreditoforiWhoit rests
in binned f. I think, ie shrewdness ~arid. segaeity
he has no superior , Ws' have dorm jaseiihde Ie
right en - this particlidar He" further' an ,
severed Mr:flarlisle's -argument, laying; the prat ,
,vocation; as we claim, was on the instant before
Biokles want out, and if it had existed before that
it would not • detraet Irbm'the influence of ~ the
last provooatien, but; make', it - the -stronger - and
more, controlling. - The waving of. the ,handker4,
chief was 'admitted--:a white handkerchief. Mr.
Rey Waannfortunate. , itself, -I handkerchief
of-that color, even among the moat savage nations
of earth; is regardedvis emblematical of purity,:
peace,' good' faith '
—of regard for hospitality,
and protection against treachery.' The color_ of
the flag of truce is that which was selected in this
ease. I hope I may be
,pardoned by my learned
brethren for this remerk in passing, made not in
anger but sorrow, with'all the feelings.whioh be
long to me, it Would have been well if be had at ,
tached as math importance, to Alm dignity of a
harmer im did hie distinguished sire, and had al
ways within him a fresh recolleetlen of those lines
whioh identified him with , the flag of_ our country
wherever seen on earth. If be- ; had remembered
the "Star Spangled, Banner" half been raised
every where, in the wilds. of Africa and on 'the
menntain height by the adventurous traveller,, he
would, never have chosen that foul substitute for
its beautiful folds. llnwould never have forgot
.
ten these two lines: -- -
"And thus be it ever, that freemen may stand
..Between their loved homes andwees desolation."
,
If his noble father, when he ineuldated s in lines
imperishable, tile duty:of the 'Amenican'people to
protect their hometiagainet the invasion of a foe, -
how does it become lem a solemn duty of the Ante,,
rioan citizen to protect leis home against the inva,
sion of the traitor, who, stealing Into his embrace!)
under the .. .pretext of friendship, Initiate a, deadly,
wound on his , happiness, and, aims also . at his
tenor ? New this' raises up once before
us the question of adultery and its conse
quences, to which my learned aasooiate, so weU re
ferred. It brings to us In regard to the nee of that
handkorebief,'ef that foul banner which polluted
the atmosphere of. Washington,-the suggestion of
our brother (Mr, Stanton) that the common law tq
be enforced in thls District was the'eaMmei Isis that
should be found' 'to could -With' our habibi, ens
,toMs, social cOndltion: andilietibetitabkit Melia tti
our mindvrhtit be said as to,adultery, being scrims
generally recognieed on the'wholo face of the earth
arid punished 'by all' nations , as a crime. It has
:never ceased to be a crime brthe estimation of the
jurists of England. I am furnished Jay. - a gentle
men of great ability and dlatinetion:at litofourid
'erudition, who has oast his lot among the people of
this 'District—my friend, Professor Dimitry, whose
name I am happy to mention with`honorivith
this very brief abstract the.' law of humanity
'with respect to this offence of adultery:.
1. Among the -Jews, by„ the, law. of God, the
adulterer and the adulteress were bOth stoned to
death.
2. In Greene, Lyourgus deemed-that-adultery,
should be punished the same m murder.
3., The Barons, bytheir law; burned the adulte
ress todoath, and over her asheireared a-gibbet,
on which the adulterer and her moomplice were
hanged.
.
4. Some of the northern natien&of Europe sm.
pended the adulterer to - a hook,. istis guibus
pecasset partible, end left him,a sharp knife with
,which be was compelled to inflict Seltpunishinent,
or expend his guilty life in pretreated torture.
6. In England, in the reign of Alfred, the wo•
man was shorn and. stripped to the waist, driven
away from her husband'a house, and in the pre
sense of all her relations, was scourged from tything
to tything untildeattensued; whilst the adulte
rer was strung up to the next tree. . ,
6. In Franco, under the laws or Louis the-De
bonair, both-parties suffered dapital punishment
7. Donstantineeneeted a law, inflicting . capital
punishment against adulterers hi both sexes, and
Justinian in his reformation of the cedes left' the
same penalty menacing Male adulterers.:. •
B.'ln theyieissitudm, of time, adulterers were
condemned to 'be scourged and — bent - Shed,' or
'scourged and doomed to row for life in the galleys
of Framie -
_ .
, The Spanish laws deprived the adulterer of
that tlirough whioh'he had'vlolated' the laws of
moiety and the Sanotity of the marriage bed.
LO. In Portugal, l the adulterer was burned to
death with the adulteress, but if th e husband
obese to save his 1 - t/Atty. - wife - froiri thistfearful
obutisement'The wafter:it free witlr
I feel.that lam Warranted,' continued Mr:
Brady, in eayim--whon compelled to speak of the
sin of hire.Siokies In:cause it is &necessary part of
this tratisaotiorithat.in consideration of- her ex
treme youth, and of the moraltowerwhiehn man
,like fdr.,,Key. might exercise over her, or some
- Worse power under 'oireumetanoie -to-which I
will not refer, it is not• wrong thatin our-own
hearts, and perhaps net wrong that, down deep in
the heart of my friend who is at' thin bar today,
`there 'should be some lingering remnant of hope
that she. had not entirely.sinnod as de•
etroladtierself• kt wee 'gratifying circumstance
to me to knevi'—end I am 'mire tione'of as were
otherwise than plessied•Witti that little incident of
the trial-.-.thst when lAA agony theufneer noticed
his hlisliii 6 n ts ) aratakthe - stairs, he stationed
self at the foot; betahse tie feared, to the then con
dition of 'Mr. Slates, - that he -might injure her
who had been the -partner of his life—whose bead
had been laid on his begin—lie, with's manli
ness Which I Ines! belongs to Daniel E: Sickles,
'gave: him to.. understand. that, whatever was
the conditiOn of his mind,-her parson, was safe
.
from his touch.
The comma' then continued to read from Pro
fesSor DludtrY's Abstract of- the Lees of Adultery
as follows: 11. In Poland the adulterer was taken
to the neared laicise leap% to till umz um tom
_goTtom To - coaauroproiratirii;
cfscrispoidAilii, - toi!‘ T i l'iiiiiMlrllljgow_
In th, tcp>iffpir#oi,r;:(
I vevmana!zaistlon***
name or twe , ezliei: Yno:4ooo#4': ! iim fir
, 1:3442:7,
nßtsi iew •e t warm vet erten‘*eibliowiik
tke day* ti - ese jieet4eeiii 'ldeefit* J 4=
i•aniix4is
FeFvat~i o• ikey Idbrms!km*Topilklmqatioirest.:
inor ient-witichlwrelided,•andiwas Aire , nalied
or booked to the: ken bridge *64_6 . kniferbeing r -
at the:Seine risorisonfprifrintolshithandrtePeasible
hiriCinc'free. himself 3,T 7the,.;rnotiludner of thus
pertu,T,Guidtss.;prarrintasint P 60, C0re,e' .42 ,;-. 11 the
busditincof Beheirde l thevenalty_Olthe adulterer'. :
was - - decardiation o - - end, that: of the adnitiremi -
wan :.perpetual spent._ . r in.; menial;
drudgeries,:. and MIRK* bread . :and
water: :, 't 13. an, ,Jtonselli,ri '1111.4001
frequently OCCUt;:OCII)41410111,
to death"; and, until,,tbm-seaeSseeet-er.401--04F,'
husband itadthe - right of
summoning : eei
altthezeladoneutthe adulteronkka444"%horonthehowisystesent*thmirnari rit?-en -
householdi-and there ape then &gaging her An , .
deathr - 7.-:,[kiens.-rOurMk'
subject' se worse :then turetena - ...'it le
Anita verY,provhdorat are oontrlied - Alp7BOWridiT
onlehnd ribaldry en the -head of the, husband, or -
on that of the Nth; U the 0 114131 4
-- Oar legislation- thounnultproemeded to argue,
was worse than weleps.
the punishment was a.taaof. thrupedisdiimino7
a_ certainostantity of tikacao - :•3le_Seet- - •
happy that ; his, learned , friend, , l be _ L ' ieftict
Attorney, ,-in reivising,: , the-..erbnirial_l'eode .-70 f •
this ..District,- had Etectifed,his,
.ibkorienee
of the crime, by ,- - intrialubing d ;; revision,
adultery with. far : raornitaidide, _cps.-
sequence than _ender 'sty ICW
known in this :They. wore told that-Eng- - -
doh - Judges - had said 'that ther - theitrita*PifllaOni . *
of Whither as , 11, 64011111 offenee. , , , iiieassoalite
(Mr, 13tanto*hed:- shown - sthe_ ante thif.thire _
never had been a ConvfctioninEmeland,:erin.thii
Country,: of any-husband , who-killed en. idol;
Misr: wider 'what oironmstaniim - imbeei-the Ihmi,-
eide was committed. Not Bet, on - thnother
hand, there _were . 4 e/dirndl:ow! ilhaithd. thet,
the oontmenbitiOn of our, propir;,kii ihetr;riewt of
morality,. of the marital relitions,e(arniisidedie, -
and:rof domestic nth, there -entusuch4t r izonOn
Jew - u Was untendett44;4Y ,l 4,4Mrandk earn,
Mr.' Stanton: , I ,, Thisv . usegeotlins,funtumen . ;_arr, '
Brady,:that the iejarrd_nutitilwilifeth.o
action for damages, is' nethaf,kinifteiteeritit.,ol,
cited the disfavor, and t loamy wil.,..di;the"d4gro:• of
the . most brilliant ' sables *rata - suer pthiesoionth, • -
England. -.ln order, to !how heir tar tjieir.judgg
ment .MaY Alin easing what wealth onthe -
public- sentiment, ition inEngland,uonesuce like -
this, in opposition to-We "morn ent.thae elven
made ' -use of by the ..-coonsereative,-,lanyes; of Eng l ._
land; that when a,htuthand has hat-tlatireitailon
or an. natiltothr'S-'-PethAtinifTtiennatioth:ltierkeeile;
he must_ go_tossdavileri•ea amensuld'Arith a,:pro- • •
minor, .riota,,s24 hurt anisidolt,iiiinghtfor de/
Ma . 1 08 ," 'lrialL itl. reed Ao the .‘ oo W.,rt,
cartons Amman eminent man, witil,Wheisknome ell -
of nit are familiar, whowu once Serpent Tilfierd,
and , Who _died_ on the.benth of BaglUd,-.. in
dii
discharge of his Mold ditty a .•
Pettus, meek oftener than ;thweitinaiions..Fant
Within-the _provitese,of theadvesate-1414•4114-077
ed or rho? bat; INvi#V° l 3 , •
and.breftekoLpromism. of Muilegis - Autendely.se -
a means of 'effecting a transfer of, nossi from
Pgrsei:of,. the colpriCitMi that - otT_thet sufferer . ,
it -einkit:Yot lower th ins rte natural - P l ace , and ,
robs the sorroWsLAUI which• expatiates,-of all , • -
their dignity:, The Ant4,iht.i!4),-,
. fo aotions_,:is
disgrace -to-- the English oberanter;i..r,l4
plaintiff i who asks. for, money,-Aies. .onstalissfar
PenniarY low; =Lander leeeal„leisev, 11 4 ; _tiw. 4 7.-10 '
site seeks it es' e-oomperwaysen,, tr,:goirtiViße car
fen, at th e prieeefiexpeeing , -Inthogre0 0 11(09- 4 1: ;
all - th e • shameful particulars:of -himsolfearnilose - •
and of - his owndistrsaust,.lint:i*loodeity
destroyed, of ;lithe turned to bitters:4y ob:y.peth
blasted in its prime,ood pf- eve hrnught down by -
sorrow' to the : grevei.and - :hetar—money
Hes,haiks :the wrongs of ;the; - sentoat,:eilritil.4s -
beggars :•dn, their sores,' and 311leelleitiur s acred agonies of the -hearti,thit ,the : jory:entyiestiuMbe -
toe - Valner.of their palpitations;• Money, will net •
oompeniate—not besecarAtjle, leeleXerkeet -
gree, but in kind- , -anit,thereformthe emisegaince
is, riot that great' damaged - Auld ,given,lnt
that none should be claimed. - When , 9=6,4329n4..
isreonneeted withthm idea ofmentai,grief ; grief; the -
advocate Who , represents the. sufferer„-all nosiest
for both - is gene!-
To show the precedents in Amer:teams:4We
counsel referred to the cans of. 13owy.e.r, who ltiv 7 „
ing learned that his daughrnr:Alki secinsed 117, - expit -
tdoDoWell, president -of -the- Benk , of.:Bineastio, -
in - Aiigust, 1858, media:loonier 1.0 lialtdeesre front = -
Fincastle; Va.•.abont four hundred trn - les,,ond hay,-
ing thernlearuk.forther .partinelarcfrons,hor -- -
confession, ouse - :backsand; atilt Alldjiliva
D6well. Arid yet Bowyer .too. acquitted 144 dit;
°barged by the sailed court without Ishe-: caselbe- -
lag ever sant•to jury.- - also- referred ,to
r case of liaise Orfirtarlock,and totheVanadkoose; -
*here a husband followed hie wiferkeedocer 'front
city to cityr, deliberately :shot aneriktiled .biesee, -
F he was drieldrig•at a bar, -and we/C/01044, by
, -,- The tanned also referrekte a:remorkable' cue - •
' tried •in TelltOllffe,-Hranop, at the assizes of,the -
department of lireter Ganete.- oisthe 23d of Jane,
1817, and reported In the CPazette des Trif;moduar. " -
it was the case. of?Abdost• Bonflareiwhm shot the - -
lodestar of , his :wife; flharlet„..BrousteLl'lntbat --
- eascc-the Mantel . for -the arsteeksainiihke4 - 44t
there and Sham theinceild Sit precoodito- -
don in the - case, suit summed up'Aurtarni. words,
Which- the econeelhonsidered
_applicable:U thin : -
`T , (tenderness of: hst-jury.: , _ There. arm -two .!
great
principles which" you Are weigh4theiontra of
youroonsoiamr one bliutPtiPeiide
, _ _
11;, _
knows - L ela husband is for einlinibefof hours
ohained - drowti to thaperforniabee of ki; public duty
by which he gives support to,his lege anii. Whiten,
shell, be allowed , aitb.: *faulty 'to - lesairato a
'ms an' and potfon hie whale arts terietili`ei4
Will' then, gentlenisa of thidaty,:stind , In the
midst of ~ Sonfferee', broken-up - family-71qt; will
listen to thoseterrible'reyeletions:"
[Connedtete read froM Sth : Proverbs, 27th and
3.5 ch inclusive.]*. .
The counsel continued : "'Jealousy is the rage
of a taan.": - ..Thus speaks the great-Clod_ of , the
univalve to us...lt, is peculiarly the rage of amen,
and in the wisdom of the inspirid,vveord, no esti
mate was ever farmednf human nature more.tul
ourate,,as it now exists...l venture to say that if
Mr. Hey had 'Faulted a wanton; a mistress. s and
any man had ventured within the -house he had
hired, - to infringe uportals rights there, ha would
have been false to the instincts: of humanity if
that rage of Jealousy had not taken i:casession, of
If I could - have The grave opened if I could
have summoned bowie witness who has not been
called ; if I could -pat-Philip Barton - Key on.the
stand in this court, in which be once officiate& as
a prosecuting-abler ;if could - him,: in vir
tue of his birth, his ednostionj of 'whateverinsully
obaraoteristics that-belonged tolbini, and :what.
ever opinions he may have derived, from his ease
elation with gentlemen, whist he Would have done
if any scoundrel had invaded- hiehousei.pollated
and wronged his wife, and broughtthproaohnnd
shame upon him ; If I could have asked him what
he would have done under such circumstances, II
leave your Honor, I leave the learned proaeontor,
I leave- his Surviving friends to say _whatwould
have been his 11.118W6r. - -
- •
"Jealousy Ia the rage of .man " It takes pos
session of his ,whole nature.: No occupation or
permit in life, no literry culture 'or enjoyment,
no sweet society - of- fnetide, In- the britlianoy• of
sunlight, no- whisper '-of hope or promise for the
future, tan for one moment keep ont-of hie mind,
hie heart, or hie soul; the deep, inefarttle,ttsm
sliming Are of jealousy. When ithasonceentered
'within 'his- breast, he has -Yielded to an-instinct
-which the Almighty has implanted - in every ani
mal or -creature 'that crawls -on the earth. -
cannon speak of the smears - or jealousies of.tbe
won't; bat when .I enter the higher walk of
nature—when I ,examine the aharaoteristias of
the% birds - that', mere about in the-air, I dud
jealousy-of the- bird incites him -to indict
death upon the stranger that invades: his
nest,.: and seeks to _ take from - him . the: lova
which -the !Greater has implanted in - him,
and formed him to enjoy I read in the records of
travellers who have penetrated the - wilds of Afri
ca, that the most deadly engagement that can
occur, an engagement -which never permits both
-tb peas away with life, occurs between two Hone,
when - the lioness • hag =proved& wanton, or sedue
lion has beat - applied to, her. Yet' man, in his
animal inatinots; is no more impalae of controlling
within him, the laws •whieli the Almighty has
planted there than the inferior animals to which
I have referred. - -
- Jealousy is the raga of mani". and although
all the arguments that my learned -opponents clan
bring or that can be , suggested, that a man must
be cool and collected when , he-finda before him, in
a fall view the - adulterer of his wife, to the con
trary notwithstanding—yet-jealousy, will be the
rage of that man, and he' will: not opera in the
day of vengeance. The siourt will remember the
memorable language of John Philpot Curran, in a
civil action for damages, when trim. ton, was the
controversy, in answer to the allegation that his
talent behaved otherwise than - patiently and de
neatly, as, became a gentleman; when he -heard
that hie wife , was falee . " Gentlemen of the jury,"
Said he, "It seems that when the flonds.of hell
were let loose upon the heart of., my client, he
should have placed himself before s mirror, and
taught the streams of his agony.to floe decorously
down his bosom:' Ile should have. turned his fea
tures to harmony; Writhed with grace and groaned
with melody." -
- “*.Tealousy, is the rage of man." , It converts
him into a frenzy, Inwhich be is wholly irrespon
sible for what he may do. I- meet my learned
trends distinctly upon the subject of insanity, re
lying upon the proposition which I have presented,
drawn stria 'conformity with the decisions al
ready made"-by this court in other. oases. - The
;subset on the - other aide (Mr. Oar/isle) had re
marked that be Considered snob a thing as instan
taneous insanity almost impossible. Sash a doc
trine could be drawn from the rulings of the court.
It was impossible for any human being to perceive
-the exact point when he passed from a state of
wakefulness to a state of sleep, and it was just-as
impossible to flu the exact moment when the mind
of alinman being passed from a state of sanity to
a condition of • insanity. It was. impossible,
by the utmost 'exercise of the: intelleetual „or
mental power to , keep the thought ...fixed upon
the eironnistanee -of death ,even for _the du
ration • of- a , wend- :We may, in. ..a :general
pailosophical -way, declare that a we- must ell die.
But in reference to- that aharpleint of -thener
inevitablengony of destruotion, which is the
thing called death,' we cannot keep our minds anon
it - even for an ;betels!. :TO be mapabletif,doing
that for any considerable periOd-of?. time. would
:necessarily predate sa tension- of. the mind zed
spirit, snots as would - inevitably - result in the de
emotion of the-Intellect. -Yet you might jest as
well attempt ,to discover the MyateriOne point of
sonneetion-berttiewat life and- , death Ca. bettreen
sanity and dissaaiity. , This court had alralidYlja
he decisions, given's good illustration (which area
contained in-the -pamtblet copy of .his. decisions)
of the fact , ' that insanity may be of si:greetelt or
lice4lotittiOt NOixisu turnmeanie it, It ja ip%