The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-14
MIR. WEBSTER'S ARGUMENT
ON THE
CIR RID WILL L Q "A , II
UNITED STATES SUPREME COURT.
WASHINGTON CRY, Saturday night, }
Eah IN 1870

UNITED STATES SUPREME COURT.
WASHINGTON CRY. Saturday night,}
Feb. 10, 1872.
Tho Surname Court room was crowded literally
.,,,os, 70 sufocatiou: hundreds and hundreds went
.wav unable 70 obtain admittance; there never
were 40 manv persons in the Court room since it
WAS built: over 200 ladies were there, crowded,
soueezed. and some almost jammed, in that little
room: in front of the Judges, and behind the
Judges in front of Mr.. Webster and behind him,
and on each side of him, were rows and rows Of
beautiful women, dressed "to the highest" Sena-
tors, Members of the House, wings and locos, Fo-
reign Minister'S Cabinet officers, old and young, all
kinds of people, were there. Both the Presidents
sons, with cluster of handsome glils, were pre-
sent; John Quincy Adams sat through the whole
of it, listening attentively to every word Mr.. Crit
tenden sat on Webster's left side, and Horace
Binney on his right The body of the room, the
Sides the aisles, the entrances, all were blocked up
with people. And it curious to see on the
bench row of beautiful women. seated and filling
up the spaces between the chairs OF the Judges so
as to look like second and female bench of
beautiful Judges. But have no time to describe
to.days, and know not if there is time tor me to
send the whole argument. After reporting four
hours Che spoke from IL till - in that hot crowded
Court, [stuck in between about dozen beautiful
women, felt quite sick and used up; and have
actually had to lie down from sheer fatigue before
could begin to write out my notes. AS it is, l
shall have to write all night, to send this off by
Sunday mornings mail. But to the
Argument OF MIR. Webster.
Mr. WEssrER-May it please the Honorable Court
Before proceeding to the Oh the Important ques
tons involved this case shall make few remarks
upon matters which, in themselves not very impor
tant but which, having been alluded to by the gentlemen
on the other side require from The plain
s this record the heirs at law and next OF kan to
Stephen Ga They here sx try the s validity of
amount OF property is disposed which, if not undivsed
or Intellectually devised, would come to them That de-
wise purports TO he made to charity. And was sorry
to hear the opposite counsel represent these
being actuated unworthy motives and using arguments
calculated to impugn their character and responsibility.
The nature OF this controversy naturally involves
discussion religion and religious charity; and was
to hear my aa Sn ae % say az
steal the bread Of orphans They are his own neghbors
presume they have committed no offence BY coming
here They stand here before your honors perfectly
spectacle. They have constitutional right to be here.
They expect obtain nothing from the Court but what is
clearly right But it has been asked why did not these
parties stay at home Why did they try the cause in
Philadelphia Sir, the immediate plaintiffs foreigners
They have right secured to them OF coming here
Constitution 1t is OF the principles of the
that foreigner has right to come here for the trial Of
But nv learned friend has answered his own question
much efsctually than could possibly do He says
that this question Is esteemed 50 plain in
attempt they might make to obtain their rights Now,
Sir the minds Of every one in is made up
hearing think that is very good reason why they
should come here where thcyw be listened 1t certain
listened to- But there another why parties
should prefer coming here to submitting their case to the
Ss in that ia tire
Mrs. YoheS will was argued at some length in the Cir
Court; md judgment was pronounced in these by
Of the Associate Judges Of this Court (Badwn) and
that judgment adverse to the claim Of the view
taken by the plaintiffs inthe Therefore, it
thought this before that Court
which will have the final decision Of it, and Of which the
presiding Judge of the Circuit Court Of Pennsylvania
In the absence Of my learned friend who opened this
ones will advert to another topic in which, by
some process Of reasoning or speech my learned friend
and this poor District made to suffer for the sins
others. question was put inerrogatorily by my learn
Now, in England it is sometimes the case that
the Chancellor, acting for the king he is parens pae
by statute or in any popular form of government The
learned counsel the other side Immediately turned
round to my friend General Jones' and said who is the
emny believe is the worst governed portion Of the coun
try who the PatriG OF this unfortunate District
lips which suppressed. and which mean to suppress,
because the gentleman after made other remarks in
relation important Of the deepest interest to
this whole country, that do him honor.
1t was said that one local decision would suffice forOhio
and one local decision suffice for Tennessee but General
Jones argued that be by series of dec-
sions to establish the local law in Pennsylvania
system Of chancery administration in Courts Of
Judcaure which has feature cfequity shall show
hereafter They said there was system oil law IN Penn
sylvana quite competent for adjudcature-all cases Of
charitable established by Legislative action, and by
judicial decisions. One argument used by my learned
friend that these devises cannot stand upon the doc
they can stand upon the doctrine Of law that
they do stand and ought to stand upon that doetrne
Il was also argued that the statute Of Elizabeth, as
Of law has sprung up there which is fully competent to
adudcate in all these Of trusts and devises for chart
Again. we were asked why did not 60 to the Regis
ter Of wills in at the proper time and get this
Register Of ills to do with this is his duty
that there the right signature the right witnesses
the right seal in the right place. but he cannot decide on
Now OF all men that know of to provoke the remarks
made by the learned counsel Edward Jones ia the very
last man. None Of your hopors have been the bench
sOongas he has practiced this barr honors
have practced in antcourt long my learned friend
has-he emneny distinguished for his learning pro-
found Judgment legal acumen unring industry and un-
ceasng research has sustained himself with
reputation for the long period Of MS practice at this bar
time of Charles Pnckney Hartford Key Dexter, Stock
ton, wirt-who has sustained the high reputation for
amenity manner and perfect loneliness of characters
who among the greatest has sustained all this in
superior to General Jones
thas been objected the other side that these plain
% should have brought action of ejectmen instead Of
sueng for the real estate. Why there an after prr
chase estates Ard the objection has bearing upon
the case.
Again. 1t was gravely said that Pennsylvania should
be That she should be allowed to manage this
charity in her own way The answer to this is that
cannot be let alone. The Constitution OF
the United States says that she shall not be let alone
says that all those who foreigners shall have the
right here with their and to submit all
their just claims and that they shall be heardand they
heard. and they do obtain justice by so coming
aving said thus much in to those matters which
may be considered the diminishing Of the case"
leave that part Of and proceed to those considerations
which are ofmuch more Importance.
Now, say that the 2Oh the 2st and oath clauses in
the willthose which establish the college, are invalid
IT is enough TO say here that after enumerating various
legacies for different persons charities hospitals and 80
forth, to the total amount of $4,000 or Sl50O0O Mr.
Grard proceeds to give the rest Of his property to the
city Of Philadepha in trust and the trusts Of that devise