New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-08


mand and enforce indemnity for the past and securit
for the future, in regard to this and other violations
the rights of flag and citizens perpetr ated nv III
Government of Spain.
Resoicd That the conduct of Captain Porter under tn
trying circumstances of the outrage of the Gre
cent City, commands our warnest admiration and rt
spect -
lPesoluea That this assembly adjourn to meet on Mo,
day evening next yete Square and that n con
OF five be appointed to make for III
SAME lelgneuJ ID. l. RICARDO,
j. X. RAYBtRs.
s. WIN ScoTr HAYNES,
WIN. MoNAGHAN
After the adoption of the resolutions Ex.Goyerpo
Wharton, Of Texas addressed the meeting, followe
4 by NJ. j. A. Roberts, Esq, J. Brennan Latham YIN
| Scott Haynes and others
While these scenes We're being enacted within a ia
larger meeting had assembled outside which had for it
orators Messrs Warfeld Purvis and Others
In front of the City Hall another meeting got together
numbering near two thousand which was addressed h
J. Carroll Esq, Judge Beecher and numerous Others
Altogether it demons,r ration that viii live lon
III the memories OF people, and the echoes of which
may reach even the besoted tyants who lord it in Thu
| ever faithful Isle,
| The MCD0NoGH Will. CAsE-U, s. (iycui
Court Judge Mc Cafb-Mary Murdoch ct al u.s. Executor
OF John MeDonogh ct al-Judge McCaeb Yesterday ron
dered his decision in this important case AS il il tn,
lengthy for our limits, give an abstract of it
On the part of the compliments it is contended that
tne PROVISIONS Oh the viii can not be executed BECAUSE
ISL The attempt to devote the property to purose f
accumulation and to render it nalienabe is ruinous to
commerce. dangerous to the State, contrary to law
I'd That the title conferred by the will is unknown In
the law which requires that all property shall have an
owner FS "
Sd. That the dispositions in favor Of the citpa ara z
st'tt0no and fde comssG which both expressly for
hidden by law. - "
18th That the legaces are upon impossible conditions
and to persons and corporations incapable of receiving
then--and " "s
9TH The legacies being void all the annues depend
ent OF, them must fail.
On the part of the cities, it is contended-
lst That they are the universal legatees under the wilt
decease of the testator ~ wv
I'd That the will contains no substitutons, or fdef
C01tD,tss9 reprobated by law ~ 49,"
3D. That all impossible and illegal conditions in tpa
WIN ana tose winch are contrary public policy are to
be repoea not written and the title to the property has
become vested in the cities. ~
we discover at glance the prominent
IN the VIII OF John McDonOg The first is an almost To-
tai indifference and nsensibity to the sacred as nj
dred the other is ostentaous DISPLAY of the noet
anxious socitude for the application of His long hoa
wealth to the establishment of institutions DESIGNED for
the dement, OF strangers to his blood The first Is
naily exhibited in the ptauce bequeatbed TO his yido
anu Hel iatherieSs children and in the declaration
contained IN the VIII, that if ha had any children and
fortune to leave behind him his death he wonld Give
very small amount to each-merely enough la excito
70 n9i,s Of industry and frugality and no more
LIS socitude TOR others is the theme of his sin
guary verbose and minute directions to those throngb
whose agency the complicated machinery he had devised
Tor the execution OF his purposes to be nut in
ton The orphan children of his deceased brothar am,
sisters now compaiuauts before this tribunal h,vo
III te sihge instance alluded to- received even the
coiu speco OF passing glance while language seems tn
be too feeble to disclose the depth and reah nf his
Acuue Tor the welfare Of the orphan poor of every class
5 r. VI vaoi' III e cltles winch CHIN to be consid
ene iegatees OF his accumulated millions
me hnd II d1cuit to comprehend these dscordant
nft ad IN the character Of one who
anu 80 soenhy lnvokes the principles religion
mofailty as indispensable to the proper education of
the youth OF the country it is perhaps unnecessary To
uoce them further than to say that in nv mind thev
s1ft
lty and philanthropy OF the testator which were i
1hehes oil the eloquent enconia Of counsel on
luc ta Oh the cause 1t is apparent that one of the
prominent OBJECTS OF the testator his last will and ties
lament vas TO deprive his heirs and of kin of the
ti d W "n.Gn, IN me event of his dying ntestate
ney "ouu DC entitled IN the legal order succession
IL tquay certain that in default OF heirs in the as
Ssu anu descending line he possessed perfect right
III Jaw, 70 deprive THEM OF the inheritance. and to bestow
upon strangers whether he has accomplished his de-
10 'e nrst place and exercised his right the other
Ia % 20 receive the sanction of the laws of the
i w, ore d, iue"tioiis now 10 be determined
nave seen tht oy the Will the property Of that tess
40 " ieih toge1hef forever, as estate to be
nermanent fHoI ' ~ general estate, and to become
a, 9h interest TO be ma aged by certain
ana agents who be annually ap-
ba We that tb VI Newleahs and Baltimore We
l'tt sse commissioners and agents are to form
a perpetual board, and to have perpetual succession TO
the board thus constituted the pernntuo a,l,n;;
Oh me estate Is given without the power of alienation
te rents and revenues only ordered to be devoted
To ,nf PURPOSES and objects contemplated by the will
, n u t @ oHlGction to the execution of the
,t'fohH VI the VIII relating to the administration of
ne general estate through the agency of the Board of
ana agents arises from the fact that they
ana tfe' com"ssa which ex-
M ~ p,i'; 10y oy ta"'
eoh'tshs many learned quotations of all-
@ "nch we are unable to do justice to in lin
NJ; concluaes with the following decree:
ooSe came 10 De heard during the last term of
1ouit, ana after fuIl argument, taken
"lti inc consent OF counsel of all par
~ = 800 IS eee Shouu De pronounced at chambers
ipon consideration thereof and for the reasons
SiG ten opinlon now hed 1t is ordered adiudged
IN ~, ueolu nv , us lollo"s
lhaG al tnat part OF the Geographic will of John Nc
% gsnntng MIN tne second paragraph with the
, ~ ~ iiy Will anu a'rect my executors herein
"a, iseuatpy ater my death to correspond, etc
III ,ns second page; numbered as the sixth page of the
OF otefWays anu held and owned by said corporations
the page of the said printed copy of said
I'm FttiSt TO the city OF New0reans the city of Balti-
m .io ette Oh LOUISIANA and the State of Maryland,
general estate the Colonization Society and the
rlcctCd ASy of NcwOrleans the Society for tba ro