The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-07

From the AsU orsssas Ddie " January a..
The McDonsgh Legacy.
| WHAT'S to be done next in the direction If tho
enormous amount of real estate which John Nc.
Dopogh bequeathed to the cities of New Orleans
and Baltimore? Our supreme court has .dec;ded
o. .ne validity orthe will and Of the cities'
EARN 20 tne requests The United States circnit
court mas decided against the validity of the will
ana given the property to the next Of kin Of John
iM;cDonogh, who cuts of his relatives with shiI.
provide Tor the education of those whom in
me ne contributed, as much as any other ind;v;d
oal, 20 make and keep poor Thus it stands. then.
one side Judge McCaieb, on the other Cbief
justice y Eustis, Associate Justices Dunbar and
81 *nlls. justice Sidell comes in for third
party and insists that the property ought to 90 to
tne states OF louisiana and Maryland What an
extraordinary illustration of the glorious ,,ncer
tainty OF the law! That keen-eyed, litigous old
ahlsat was an ms lie engaged. with the aid of the
aolest lawyers OF Louisiana, in framing will to
give particular direction to his propert7. Twas
orawn up with as much study and are a Coke
g gave 70 ms commentaries. Every word was in the
clear and lucid that of Tbucvdides. and vi
here we find such wide disagreements between onr
most distinguished and learned Judges. One saws
the property ought to go to the egaIheirs another
says IT belongs to the cities Of New Orleans and
baltimore. and third would give it all TO the
States of Louisiana and Maryland! What will he
the upshot of this confused state of judicial deci
sions? WI
The judgment in favor of the heirs at. law hao
been appealed to the Supreme Court at Washing
ton by the cities. Suppose it is confirmed who is
70 decide between the Supreme Court of the Uni
teo states and that of this State relative to mat
ter not appealed from the latter? 1t is said that the
supreme Court of the United States never reverses
Judgments turning upon the construction of the
statutes OF the State, which are taken up from the
highest State courts. But when the United States
circuit court, sitting in State, renders decision
adverse to that OF the supreme court OF the State
new case is presented, which may vary the prac-
tlce OF the court Besides, in the suit before our
supreme court the heirs at law were not parties:
they may complain that, being strangers. their
rights ought not to be determined without hear
Ing, and the Supreme Court of the United States
should therefore protect them. All these sugges-
tions give peculiar aspect to the question: and
render its future and definite settlement full OF
doubts and uncertainty We do not regard the
interest OF our city as much affected one way or
the other. The best disposition of the property
would be TO sell it, or give it away, provided Il
were built upon with edifces which would be or
namental and useful. We expect no blessings from
bequest 30 hampered and cramped by conditions.
restrictions, and impracticabIe clauses. The sys,
tenn OF leases of city property is utterly destructive
OF permanent and valuable public improvements
10 New Orleans such system would be curse
The New EMPRESS OF FRANcE-We are indebt-
ed to an esteemed friend, who was formerly resi-
dent in Spain, for the following sketch, which
seems to explain the family origin of the new En-
=
no less romantic than that of the Empress Jose
phine:-NetU York Commercial Advertiser.
"By to days advices from Europe we are told
that the Emperor Napoleon Ill. has espousea a
Spanish lady, whose grandfather was British
consul at Malaga, and whose mother was an Irish
lady Dy the name OF Fitzpatrick also, that this
new Empress was in her own right Countess Teba.
although bearing the name of MademoiselIe Mon
ngo. Thus much by telegraph. Now the plain
English OF all this is, no Doubt as follows:
phrp,ov hf ny.
Kirkpatrick was for come time the American con-
sui at Malaga, and, failing in business, was sue
ceeded by George G. Barrel United State consul
at Malaga. This was, Think, under Mr. Monroe's
administration.
Mr.. Kirkpatrick's eldest daughter Maria. or
Mariquita,' as she familiarity called and
known by all Americans there, was very fine
dashlng lady, and married the Count de Teba q
younger brother of the celebrated Palafoix, who
behaved SO CALAMITY at the sege of Zaragoza, and
who, in reply to a demand of Surrender declared
be would continue the defence by war to the
knife.
'.The Palafoix family embraced numerous titles.
and was singulary brave and noble -,
ttThis husband of Maria Kirkpatrick Count de
Ieba) was gallant soldier, and SO cut I'D by
wounds as to be unable to mount his horse with
out aid, and when in the saddle looked more as il
he was hooked on than seated there
tfThe new Empress of the French is no doubt
the daughter of this Countess Teba Marjouita
Kirkpatrick, who was the daughter of William
kirkpatrick, late United States consul at Mala-
ga-not British consul-not Fitzpatrick and not
Irish.
The British consul at Malaga was William
Laird, another old Scotch gentleman, and he was
followed BY Mr.. Marks, an Englishman.
Ii the new Empress of France was Countess
Teba, as stated, then her mother is dead and also
is her father, and she took the title of her mother
The name Montigo, under which she passed in
Paris, is perhaps one of the family titles of the
Patafoix family" - ,-a8 slr-