Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-02-18
The McDonough Legacy.

What is to be done next in the direc-
tion of the enormous amount of real estate
which John McDonough bequeathed to
the cities of New Orleans and Baltimore
Our Supreme Cour. has decided in favor
of the validity Of the will, and Of the
cities claim to the bcquests. The United
States Circuit Court has decided against
the validity of the will, and gives the
property to the next Of kin of John Nc
DonouSh, who cut of h;, relatives with a
shilling, to provide for the education Of
those whom in life be contributed, as much
as any other individual, to make and keep
poor. Thus it stands, then--on ono side
Judge MCsleb; ON the other Chief Justice
Eustis, Associate Justices Dunbar and
Rost whilst Justice Slidell comes in for .
third party, and insists that the property
ought to go to the States Of Louisiana and
Maryland. What an extraordinary illus
trs,ion Of the glorious uncertainty Of the
law! That keen-eyed, litigious old miser
was al! his life engaged. with the aid Of
the ablest lawyers Of Louisiana, in framing
Will to give particular direction to his
property. 1t was drawn up with as much
study and care as Coke gave to his COM
mentaries Every word was in the hand
writing Of the testator-and the language
is as clear and lucid as that Of Thueydides,
and yet here We end such wide disagree
ment between our most distinguished and
learned Judges. One says the property
ought to 60 to the legal heirs, another saysit
belongs to the cities of New Orleans and
Baltimore, and third would give it all to
the States of Louisiana and Maryland.
What will be the upshot Of this confused
state Of judicial decision?
The judgment in favor Of the heirs at
law has been appealed to the Supreme
Court at Washington, by the cities. Sup
pose it is confirmed, who i. to decide be-
tween the Supreme Court Of the United
States and that of this State, relative to
matter not appealed from the latter: 1t
is said that the Supreme Court of the Uni
ted States never reverses judgments turn
ing upon the construction Of the statu' e
Of the State, which arc taken ur from s6e
higaes. State Courts Bs. when rLe
United States Circuit Court, sitting m
State, renders decision sd7erse to shat Of
the Supreme Court Of the State, rev
case is presented, ehich may vary the
practice Of the Court. Besides, in the
suit before oar Sspreme Court, the heirs
at-law were no; parties; they may CON-
plain that, being strangers, their rights
ought NOT to be determined without
hearing, and the Supreme Court cf the
United States should, therefore, protect
them. All these suggestions give pecu-
liar aspect to the question, and render its
future and definite settlement fun of doubts
and uncertainty. We do not rgard tho
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 it were built upon, wlah
cdifces which would be ornamental and
useful. We expect no blessings fsom. a
beouest so hampered and crampea BY con-
iitions, restrictions. and impraetie,,bie clau.
ses The system Of leases of city property
is utterly destructive Of pcrr,asent and
valuable public improvements. In New
Orleans, such system would be cusse.-
INeo Orleans Delta.