Daily American telegraph., 1852-11-01

our courts of justice For example--the decla-
ration in assault and battery alleges that the
plaintiff came with swords stones sticks, slaves,
bludgeons, and various other deadly weapons,
too numerous to mention; and beat, struck,
kicked, and generally and promiscuously operated
the head, neck, face, breast, arms, back, legs,
and, indeed, all imaginable portions of the body,
of the defendant!
The same needless and ridiculous verbosity
in use. Not to tire the reader, we will give a
short extract from deed of bargain and sale,
viz: "Do give, grant, bargain, sell, release, con-
vey, and confirm, and, by these presents, have
given, granted, bargained, sold, released, con-
yeyed, and confirmed, all my right, title, interest
and estate" sc. Why not write "sell my
title" &c.
| In the law Of evidence, the objections made to
the competency of witnesses on account of in
terest, marriage, and religious belief instead of
admitting their testimony and leaving the ques-
ton of their credibility to the decision of the
jury, have, We think, an Injurious effect, by ex-
cuding useful testimony
As for the adjudication of mixed questions OF
/
law and fact by juries and the election Of judges
by the people-reforms lately introduced-tim
alone can show their propriety or impropriety.
We have great faith, however, in the good sense
of people in all that concerns their interests.
They seldom go wrong, and, when guilty Of mis-
takes, speedily discover and correct them.
Mr.. Everett appointed Secretary or State
Letter from Mr. Everett.
FROM NATIONAL IsrELIIGEscER OF THIS MoRNISG.l
1t gives us great pleasure TO understand that
the President has offered to the Hon. Edward
Everett, and that the latter has accepted, the
vacant post Of Secretary Of State.
There is peculiar fitness, we think, in this
appointment. Dir. Everett was the attached per-
sonal friend of the Statesman whose amented
death caused the vacancy in the Department, as
well as an irreparable void amongst the great
men of the world. To this recommendation,
however, may be added the higher consideration
of the eminent qualifications of Mr.. Everett for
the office. His public services at home and
abroad, uniting experience and a thorough ac-
quaintance with our foreign affairs to his fine
abilities and regulated temper render him a
worthy successor to the henors and duties of the
post.
After we had penned the above paragraph, we
papers the subjoined letter from Mr.. Everett
Its patriotic spirit and the high testimony which
1T bears to the eminent character and merits of
General Scott, give to the distinguished writer
fresh claims to the public respect:
BosToS, October 20, 1852
DEAR Sir / remain of the opinion, with re
spect to the course to be pursued, which was
expressed in my letter Of the Goth. have most
deeply regretted the existing divisions of opinion.
As long as it was possible that any measures
could succeed in favor of q nomination Of Mr..
Webster, l exerted myself to the utmost of my
ability to promote that end. The grave has closed
over every possibility Of that kind; and could
now wish that in that honored grave might be
buried oil dissensions among those who think
alike, and have been accustomed to act together,
On the great interests of the country.
For myself, | shall vote for the regular Wing |
electoral ticket. i have been acquainted with
zen. Scott for many years, originally as a known
political friend of the administration of Mr..
Adams, and the warm personal friend of Mr.
Clay. As public man, have had some official
intercourse with him. | have nothing to say of
his eminent military talent. But he has been
employed on several occasions of great import
ince and difficulty, not of n warlike character,
md always with credit and success. He has
shown, think, beyond dispute, that he possesses
great qualifications for civil service His con-
luct, at once firm and conciliatory, in 1889, !
contributed to the peaceful adjustment
of the difficulty on the Northeastern boundary,
where the danger of a collision was much
greater than was generally known. we'll rec
Dllect the relief Of mind which / experienced
when General Scott passed through Boston in the
spring of that year, on his way to the disputed
territery, with confidential instructions from
President Van Buren,. Having occasion to re-
ceive him in the Council Chamber assured him
that the people Of Massachusetts, entertained the
highest opinion Of his spirit, energy, and discre-
ton. / am not aware that at any time any one
dissented from this view of his character. Events
which have since occurred have certainly CON
frmed its justice. Without being any judge OF
warlik operations, | cannot be mistaken in think
ing that to land within the tropics an army con-
sislipg principally of soldiers then for the first
time in the field, to lead them through n foreign
country thousand miles from home, and besides
gaining every battle, to acquire the goodwill Of
the better part of the inhabitants Of the conquer
ed territory--that TO do all this requires admin.
istratvc talent as much as il does the talent for
military command. Indeed, suppose the actual
conflicts Of the field Of battle, with troops like
ours, to be by far the least difficult part of the
undertaking.
would, as have intimated, have done any
thing in honor to obtain Mr. Webser's nomina-
ton; but / have not the least doubt of General
Scotts ability to conduct an able, patriotic, aud
successful administration. Experience has, in
my judgment shown that he possesses qualities
and is governed by principles peculiarly called
for in the present condition and prospect of af-
fairs.
remain, dear sir, with great regard, very
truly yours
EDWARD EVERETT
HARVEY JEWELL, esq,