The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-05

sentiment.
superficial Of these sophismA The admitted expu
sion of the individual from Spanish territory did mot
take for its foundation the acts committed In foreign
country either through the press through any other
source II the simple exercise Of inherent sove
reign prerogatye which may be exercised without ne
cessty Of explaining its reasons since whatever they
may be, they belong to an internal right. II SPAN
had possessed legitimate jurisdiction in this case
she would have exercised it by legal proceedings, in
prosecuting the presumed culprit but Is no such
Jurisdiction existed, and Spain knew too well her
mutual rights and obligations she did not exercise IT,
nor dream Of exercising it. The course pursued was
of character entirely different and not
judicial. It was, in fine simple specimen OF her
indisputable dominion, reasoning which universal
sanction carries.
Therefore, the most amusing matter in the case is
that If the assertion of Mr.. Everett were true, the
only grave accusation devolyes not upon the spanish
government but upon the President Of the United
States and his councillors. II the matter had been
such as for want of better reasons Mr. Everettw0ud
seek to describe it, they ought not to have had re-
course to the tone of friendly petition by their extra
Official agent, Judge Conking nor should they
strances of Spain. If it is not just to invade
other rights, so, also, it would be always culpable
weakness to permit ones own rights to be trampled
under foot. And such is the inelegant course which
Mr. Everett premeditatedly attributes to the honor
able and respectable Mr.. Fillmore. His bitterest
detractors could not deduce against him a greater
insult, nor would it be possible to place on q more
false basis the defence of his acts.
For the rest, the language of Mr.. Everett lacks at
present every real importance. The institutions of
the United States are such that the present admins
traton Is, so to speak, phantasm of government,
which might be called a vacuum, from the time the
result OF the past election published until the
Inauguration of the new government at the begin
ming of next March, The situation Of the transtOry
and ephemeral secretaryship Of Mr. Everett, con-
ferred and accepted under such conditions does not
certainly escape the common law. So, the language.
OF his despatch may be considered as personal mat
ter and as an exercise Of rhetoric by which he hopes
L~s..
obligations attached to official document and post.
Mr.. Everett being politician Of Massachusetts,,
an ancient admirer Of its great statesman, and inn
bued somewhat with his doctrines, it is not strange
that he would aspire to compete with the celebrated
correspondence between his predecessor and the d.
plomatic representative Of Austria. Whether We
made mistake. months past in judging the Office of
the deceased orator Of Marshheld as which Offer
ed the least chance for worldly rcpOse, is point
which daily experience is every instant charged with
enlightenng.
Nor is there less confirmation given at the same
time to another axiom, established by previous to the
electoral contest and which many then considered
paradox As the wings are losing place, some Of
their chief men begin to work in acquiring certain
kind of popularity in certain circles letting know
very clearly that the party taken untedly, has very
little if any advantage over its rivals. On the con-
trary, according as the democrats approach power,
they begin rapdyto temporize to necessities, to dis
into respectable statesmen. If the latter, therefore,
no better than the former, still we derive conso
lation from the reflection that they are no worse.
With that progressive enlightenment which at pre-
sent we are cropping at candid souls may henceorth
free themselves from much improbable cavilling.
Very high and lasting Influences not the puerile
strife of mere names, are those which govern the
present situation of the world. Our foresight and
our management should take this truth as guide.
Lavvdntelligence.
SUPREME Court OF THE UNITED SrArs.-Jan 31.-Joseph
Merrick, ESD of Maryland and Sidney G. Fisher, Esq,
of Pennsylvania were admitted Attorneys and Counseors
of this Court.
No s. En- pare: Tn re Thomas Kane an alleged fugitive
from justice from Great Britain. Mr. Justice Caron de-
livered the opinion Of himself and three of the other
judges and Mr. Justice Curtis delivered his opinion,
denying the writ of habeas corpus corari and dis
missing the petitions
No So. John f. Ennis administrator &C. ct al plain
tifs in error, j. b. II. Smith administrator &C. The
argument of this cause concluded by Mr.. Reverdy
johnson, for the Plaintiffs in Adjourned.
FEBRUARY 1.-Wm. H. Bell Esq, of New York,
was admitted an attorney and counsellor OF this
court.
Nos. A, As, 46, and 47-Wm. Christy, Is. j. d.
Finley, Nm. T. Scott HIM. Young, and H. Hen
ley, an error to the District Court of the United
States for Ieras.-Mr Justice Curtis delivered the
opinion OF this Court reversing the judgments of
the District Court with costs, and demanding those
causes for further proceedings, in conformity to the
opinion of this Court.
No. 35-E. p. Cdlkin e. Co.. cs. James H. Cooke,
in error to the Supreme Court of 7tras.-Mr. JUS
tice Nelson delivered the opinion of this Court, re-
versing the judgment of the Supreme Court, with
costs, and remandng this cause, with directions to
affirm the judgment Of the District Court, with costs
in both of those Courts.
No. 37-P. H. De Lane and others, rs. j. L.
Goree's Erecntors-Appealf from the District Court
Of the United States for Alabama Mr.. Justice
Daniel delivered the opinion of this Court affirming
the decree of the District Court, with costs.
No. 53-E. Peale, ct al, cs. p. Phipps, ct all, IN
error to the Circuit Court Of the United States for
opinion of this Court, reversing the Judgment of the
Circuit Court, with costs, and remandng this cause,
with directions to enter judgment for the plaintiff in
error.
A. d. CaLd,ceA-The argument of this cause was
commenced by Mr. Davidge for the plaintiff in error
and continued by Mr.. Lawrence for the defendant in
error. Adjourned.
Feb. 2.-Israel Garrard and George W. Thompson.
Esqrs., of Ohio and Nimrod II. Johnson ESD, Of In
diana, were admitted attorneys and councillors Of
this court.
No. 81. William II. winder, plaintiff in error. vs..
Andrew d. Caldwell. The argument of this cause
was continued by Messrs. Lawrence and Bradley for
the defendant in error, and concluded by Mr.. Da-
yidge for the plaintiff in error.
No. So. The Salmon Falls Manufacturing Com
pany, plaintiff in error, vs. VIM. II. Goddard. The
argument of this cause was commenced by Mr.. Good
rich for the plaintiff in error. Adjourned.
THE LATE MASTER BENJAMIN PrERcE.-The
Concord Congregational Journal publishes the fol-
lowing interesting memenfo mort of the late Master
Benjamin Pierce:-The bright and manly little fell
low whose death has awakened SO deep and univer-
sal sympathy tor the desolate parents was worthy of
all the affection with which they cherished him. and
OF all the hopes they entertained Of him. mere
child as he was Of only eleven years, he possessed
mind of such rare sobrety that it could not be daZ
Zled by the brilliant scenes opening before him, and
to which, as was natural Others around him were
making allusion II being remarked to him, few
weeks ago. by gentleman quite intimate with him,
that he supposed he must be highly pleased and eated
with the prospect Of leaving dull Concord and living
in the great city Of Washington and the White House.