The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-01-04

An sne sePseAe Cesxt Of ths United statss.Ehs nex
s.E sasl Is, saio9 ny Case. ~ -.1ifs $50 800
On Thursday morning, at ~ O'Clock, Mr. Rockwell
concluded his argument the motion the above ease
to dismiss the writ of error the ground Of want OF
New York. His honor the chief Justice then intmatsd
ni Barry that he had the privilege Of replying to the
additional law authorities which his opponent had cedto
me court; and he wished to do so, the court would
near hm on their return from attending the funeral OBJ
seques about to be performed another part of the build
Their honors were absent about an hour. Having re-
spmed their seats upon the BENCH Mr. Barry rose. and
after craving leave, which was granted to present some
his argument the previous day he thus addressed the
court !: y. ai 4 l''ll ~ 7i'1'T7rT W n
SIR: thank your honors for the ntimation given me-
OF liberty to remark the matter brought forward
and the additional law authorities cited by my learned
tasonist who has recently sat down. They do mott how
ever; appsas 70 me to require any very particular
edge and justice of the court will largely supply any lack
OF legal skill which may have manifested in my srgu-
further to add to The remarks have aea lHvs
80 very fully to the court the proposition now before
A. excepting few thoughts have thrown together. in
absent from that bench to perform your very melancholy
duty az t v.g " s4as3tef
Sir have made this inquiry Of myself during your abb
OF question OF purely personal nature involving per-
sonal rs to resPass longer your honors time, patti
ence and attention. by any examination Of fragments ofaw
or IN disquiston ON technical phrases7 am not
your honors well aware learned in the law y and
consequently pass by all its intricate windings havnRmy
eye steadily liked upon the plain and simple question OF
came here sir to this Supreme Court to this most
exalted tribunal Of this countryin order to obtain
ITS solemn decision OF the question deeply Affect
ing my rights as man and as afather-rghts not in
deed to be weighed in the balance with gold nor thrown
into the scale against dollars and cents And am l. them
asking too much when respectfully call on your honors
to determine question Of SO much, Of so mighty import
ance 'where MAGNITUDE swallows, OF truly ought to
swallow up every fiction and Pigment Of a.o, and looks
tn Aof
L surely cannot will not be pretended that the de-
csions OF this august tribunal are dependent the
amount OF craft legal ac,Imen or unfortunate mistakes
that may have characterized inferior courts IT, in the
courts below Justice has been defeated by legal skill,
has been wounded in the house Of it's pretended
"frends, is it the duty of this court to determine only
whether sufficient legal sophisty has been employed to
render the judgment valid doctrine, your honors,
absurd monstrous, will not presume, be anywhere
law! And yet this is the precise position my opponents
would so very kindly tender the trial now pending
came hither seeking the protection Of court OF JUS
Of right. Whatever the court below may have done in
the ncpent stage OF tbs controversy Or whether have
Or have not computed error in the mode Of my apPica
oneither or both, surely, ought to be- at least
insufficient to deprive me of my RIGHTS.
But, sir the counsel the other side, in his closing
We This, however, if the Court please il not en- I'm.
braced IN the proposition before your honors and was
therefore exceedingly quite uncall-
ed for Sir, he is unacquanted with her. He knoa1s her
not And at the instant felt deep regret that he had
used the freedom OF any such aluson; but moments
reflection, amid the solemn silence of this quiet chamber
reconced me to the occurrence nasmuch perceived
would afford me the very favorable opportunity, which
now embrace, OF saying thus plainly, and in this very
public place that though in returns TO wrts Of habeas
corpus in former stages of this affair, and your
honors cannot avoid noticing, especially the letter adj
dressed by her to her brother aw copy of which
forms part of the record she has thought proper to vy
and sgmatize me unsparngly in no very measured lam
guase and in terms most undeserved, while she alleges
as facts matters qnalied to tu yet if the morbid teach,
ngs of her own heart aided by the insdous and wicked
cOunses OF those on whom, besides herself much of the
responsibility and guilt Of this unhappy and unnatural
controversy rests have so far succeeded and p vailed as
make her believe that the unbecomng sentiments to
which she has gver utterance and the harsh feelings
she has manifested, and continues still to exhibit towards
her husband are justified and deserved bitterly indeed,
yes, polgnanhy as may regret i. cannot will not,
on the records the floors of this courtnOr indeed,
OF any otherin reference to the character of my WIFE
OF the MOTHER OF my CHILDREN. But remembering, sir,
as do that for years past all efforts have been exert
ed in the sincere hope of their proving tributary to open
her eyes the certainty and vciousness of her
dtion, and eventually inducing her return to of
society 10 both children to herself and to me; and
recole ting likewise, that the eye of the child whose
custody now the subject of this controvesynay that
the eyes OF both chdrenmay possibly rest upon the
sad and mournfu record when neither party shall be here
to relate the history tell the tale Of mutual grievance.
am indeed resoute-I am unateraby fixed in my deter
mnationthat parent at least, shall be free from the
condemnation and reproach of having gratuitousy en-
poyed unbecoming expressions, unnecessarily INDUCED
in vupetatve language, and had to harsh in
vectve or wanon and biting sarcasm where their object
was female, WIPE, and MOTHER. Sir, Have
done. f ffffl ssss fltGa
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