The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-26


when the roll called over. The Of
Laurence The Mayor and Corporation Of The City Of
Netc F0rb was resumed-This important suit has been
ong before the courts and increased in.
erest romthe fact OF the disng urist and
or Daniel Webster being employed on the part Of the
which has up from the Superior AID SUI
preme Courts 1t will be recolected that in the great
lire Of 1885, vast amount Of private property was con-
sumed in this city The plaintiffs, il appeared in
uenal merchants living in Boston, and consigned GER
tain merchandise house in this CITY, in 1889 which,
direction Of the corporation blown up in orderto
check the progress of the devouring element during the
continuance Of that memorable ire They were deiea.
ton put In the plea ofushcation having blown up the
premises with powder which, they allege, was done for
perty.
II being understood that Mr. Webster to speak to-
day every nook and avenue, from whence he could DC
either heard or seen, were crowded excess we OBJ
served in the court room also some ladies' The ged
orator SGT Immediately opposite the chair ofhe Lienten-
ant Governor, himself being the most remarkable look
ing man in the entire assemblage who surrounded him.
The case having been already SO frequently before the
court and the merits being well understood, much Of
the interest which otherwise would have created was
lost However, MIR. Webster made very able nrgu-
ment which was listened to with profound attention.
The heat the day had evident effect upon the learned
speaker who acquitted himself with his wonted ability
He resumed his remarks at o'clock contending that
the Corporation bound to compensate the plaintiffs
for the losses they had sustained by the great fire OF
1892 The dry law argument did not afford sufficient
of cases before the Court he commended should be dis
cussed carefully, as there heavy responsibility
parties who came before them The Court was bound
take comprehensive view of the matter, without refer.
Would the aw The by lie
pcste counsel he contendcd struck at the very root OF
private right The great question before the Court was
to whether there overrulng necessity for tie
exercise of the pow under which they had acted bat
there was no way in which, in this present case hefo'e
the Court they could raise that question. The dei.n!-
ants had pursued rather curious course, throug ier
counsel Notwithstanding their having, fIon o. eoi-
mencement, argued upon the ground of necessity,
they stll did not plead necessity in they decoIa.
ton. The last words of his learned fr.ead VITO
preceded him overwhelming as the flames that were
consuming the city-had reference solely to the ques
ton Of necessity and yet they did not plead ncces
ssity., The question, he commended, was one solely
Tor the consideration Of jury, and the Legislatures
had no power to act in the premises. The question
necessity question solely fact for the decision #
ton was substituted for the decision of jury Tie
perior Court in its ruling below. said that the Que ton
mayor and the corporation but, he contended the cor.
poraton had no right to take away any mans prcpcrty
hs rrSt o 81 n as T0in lie
referred to the well known case in which barge was
employed in taking cargo upon the river Thames ENG
and) whena storm having arisen, tho persons board
in orderto protect themselves threw the cargo,
which it was proved was necessary in order to save
the lives on board The law decided this to be lawful
but the blowing up Of the plaintiff premises, far
different matter Private property taken away, by
which, under the circumstances could not be restrained
by injunction, the action too sudden But, in the
present case the legal formaes may altogether be laid
was made to the plaintiffs. The substutons of the
natural law for the civil law in order to deprive
Of his property, should not be tolerated in the present
age-it was only worthy of an age of barbarism. By
natural law man stands on his own rights but the OBJ
ect OF the civil law that under common right all
may enjoy and live under community The law of
necessity was revolutionary-m obocratical There
Toned, Two men, one in the waerin which is floating
one plank, capable only Of containing Of them
danger arrives and under the law of necessity" either
is Justihable in taking the plank.-the strongest, of
course would have it. This the law of necessity.
In the present case, property was taken away the city
had abundance of compensate the owners and
the law OF necessity was set up in defence yet it
not pleaded, upon the record The law OF necessity
was fit only for savages and totally unworthy Of the
SrNAroR.-cannot the Legislature apply the law of
"Jettison" as well on land as at sea
Mn. WrBsrER.-I don't know, sir. should think that
would require considerable digging. Qaughtcr)
The learned gentleman went on to say that the law
was fragrant violation Of all law and contended that
the statute under which the Corporation had acted
cttizsns who in return bound, contempa-
ted by the act to compensate the owners Of property
which was destroyed in such way Mr. W. after citing
much law authority in support Of his position concluded
The case will be decided in December next
MORMON ArFARs.-The last Nauroo Neighbor
publishes the following important notice from VIM
Smith, the brother Of Joe
Dear Brethren and Sisers-After having been for so
long time buffeted upon the wavc of affection after
having suffered for SO long series of years after hav
times and after having suffered so much sorrow and af.
Fiction from the loss Of friends and relatives still do
not complain but remain resigned to the will of God,
who knows what is best for his Saints
And hope that my brethren and sisters will remem.
Der their old and tried friend, VIM. Smith. !
them their patriarchal blessings, they may desire
Residence on Water street. house formerly occupied by
Mr. William Marks. WILLIAM SMITH
The office of Patriarch the whole church is to be
father to the church. and to confer blessings its
members according to order handed down from the
hrst oil Patriarchs to the present. By of these
great and most marvellous events have been predicted
which have received their fulflment after many gene
raons have passed away for instance Jacob blessing
his Joseph Moses bessng the tribes of Israel &C.
&c. Father smith, the frt patriarch, and Hyrum, his
successor conferred many blessings upon the Saints
that made their hearts glad But they in the wisdom of
Cod have been called away, and William the son and
had % hs Hw M
lamentaon of many since the death Of Joseph and Hy.
rum; William Is the last Of the family and truly inhe.
the priesthood and pariarchs Office from his father and
brother, legally and by hereditary descent.
The SEAsoN.-The charming weather and rain
which have visited the country far and wide, have
arrayed the trees and the crops IN their richest verdure
The country far peasanter at this of the year
than in July or August yet the tide of travel does not
raoga arrayed in its richest glory yet may be
weeks before it will be overlooking albany
gas, June IS.
THE CAMDEN RACE COURSE Judge Carpenter,
OF New Jersey, at the opening of the Court Tues
day at Camden, brought to the notice the Grand Jury
the race course and the late lamentable disaster by
which the life OF lost and the persons
vera others were seriously injured The inquest will
probably act upon the matter.
TALLAHASSEE Florida) continues healthy, as we
learn from the Star Of the 18th inst
Am,lsolaents.
The burlesque OF Soma -bull ole, taken from the
beautiful opera ofthe Somnambua, is advertised for
tonight at Palmo's Theatre. This piece produced
by the Ethiopian Opera Company when they here
last spring and proved remarkably successful
he Inn. Inv IN, m Spss.- urlr
cents rublisheda "a Ann street, This Morning is rich
5oopungent exciting free aud bold The incidents are
partly The ocean aud partly the land, Sues mot
aphc style We dare tell all that contnsthe reader
judge of il.
TIE NEvIILEs OF GARRETsTowN by, Levsr-the