Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-01-29
The NcDonogh Case,

he
following particulars of the recent decision in the
Supreme Court of Louisiana in the McDonoph
case:
This important case was decided Yesterday Inv
the supreme Court against the States of MARYLAND
and Louisiana, and in favor of the cities of New
Orleans and Baltimore.
Chief Justice EuctlS delivered an elaborate and
learned OPINION. He looked upon the Iegacies in
laVor OF the cities in nature of pious bequests.-
such requests were regarded with favor nv the
law. Corporations were peculiarly the objects of
such dispositions, inaSnuch as they were the most
efficient agents of extensive charities Beonests
ike those under consideration were frequently
inaue 10 corporations In such cases it would gen.
crafty De found that the corporations were merely
selected as the instruments of the benevolence al
the testator. simple legacy 10 a city or corpora-
llon would no; be reasonable or natural Such
lesacleS were always connected with charitable
uses ana, IN turtherance of philanthropic inten-
lions, the cities had, under article 1896 of thu. CIVIL
Code, full capacity to accept legac:es of this char
acter.
II, as contended, the dispositions in favor of the
cues were charged with illegal and impossible con-
dltlons, those conditions were to be regarded, nc
coIdlng TO article 1906 of the Civil Code. rs nj
wntten. consequently they dill not prevent the
!egacleS from taking effect. If the conditions were
legal anu could be carried into effect the cities
were bound thereby. If on the contrary, tbos.
conditions were OF character reprobated Iv Inv
then the observance of them was dispensed with
ny article 1904 OF the Civil Code and the cities
would take the property and disregard them. I'm
uel ms view ne considered the legacies to the CT
lies as legal and valid in all respects
Justice Ross also gave an able and lengthy min
o'' III whlch ne concurred in the conclusion of the
Ghlet Jnstice' Tor reasons substantially the same
the Chief Justice. ~ "
Justice Slidcll diSSented from the majority or tho
Court, III an opinion marked with great erud,tinn
and vigor OF expression. John McDonogb he
queathed his property TO the cities of New Orleans
Rn | co.
anu nanlLiIote' lot certain lntens and purposes
winch the testatOr had described with infinite mar
tlcuiarlty, ami for the execution of which lie had
contflHed n complicated machinery. He reparll.J
inc dispositions as C ntaining conditions of an IL
!egai chaiacterand contrary to public policy. The
title created by those dispositions was unknown to
our law, under which the titles 10 pronertv are fav
and simple. "
The cities could not accept these legaces in the
mode prescribed by the testator nor could they full
hi the conditions which the tesiator had mnosed nm
them The intention oil the testator was TO rive
Inc properly 10 the cities, if they could strictly
carry out those conditions; if not the testator
clearly intended that his property should 70 to the
States. If the cities were allowed to accent these
requests, and disregard the conditions imnosed m
lhen IL would be volative of the intention of the
leSlntor. Such a construction would give the nro
perry 10 Inc cities absolutely, although the tesator
mad declared that he never intended n dollar 10
benefit the Golfers of the cities. ACCORDING IN ar
tIcle lIOo of the Civil Code, the intention of the
testator must be adhered TO, and that could onIv
oe uohe III TINS case by giving the property to the
states OF Louisiana and Maryland. The heirs, al
though not parties to this controversy were claim
ing the property in different tribunal but in the
opinion OF Justice Slidell they couli not assert a
title superior TO that of the States who were emit
tied TO the property in controversy
In the opinion of all the judges the civ of
baltimore was not legally represented before the
Court. N"e
The u. Crescent gives the following report
OF the proceedings in the New Orleans Assistant
Board OF Aldermen on the 18th inst:
Mr.. Herman, Chairman OF the Judiciary Com
mlttee, moved for dispensation of the rules, and
introduced resolution appointing Pierre Soule as
hitting successor to Daniel Webster, deceased, 10
represent the city in the conesting of the will of
the late John McDonogh, the retaining fee to be
S25OO, and the sum of $4,000 to be fixed as the
ultimate recompense of the counsel retained, hall
to be paid by the city of New Orleans, the otbel
hall TO be paid by the city of Baltimore.
A great deal of discussion ensued as TO the pro.
Fable benefit that might accrue to the city, either
by the decision of the for or against the heirs
and at last Mr.. Nixon moved resolution that the
employing of further counsel to represent the cit,
was inexpedent.
This brought Mr.. Herman, the Chairman of tbs
judiciary Committee, 10 his feet, and subsequent
TO his remarks, for time, young America was dis.
turbed. -
The motion requiring fourteen votes in the aft,r.
native, received but ten to eight, and was conse.
quently lost.