The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-26
MI. benjamin. in the supreme Court.

A. En,roa Whoever was not in ths Supreme Court
rom his morning missed hearing one OF the finest TO-
,c sneakers in the United States La the case OF The
vreat McDonogh estate, Mr.. Senator Benjamin made
If The most truly elegant and eloquent speeches that
nov good fortune to hear His address is refined
bs language pure chase. and elegant, his learning and
reading evidently great his power Of analysis and syn
thesis yu grsa his argument logical the nature Of
,bs case will admit his rhetoric enchanting for the
time 10 blind his hearers 10 the faults in his logic, any
The question, or one question: seems 10 be. whether
the deyseby McDonogh OF his real estate, and the resi-
due OF his persop property after paying his debts and
certain specific kgaces, was devise to the cities OF
New Orleans and Baltimore at all and il So whether 10
them a. bene6ciaFies, or trust for other beneicares
Although the devise is to those cities in terms yetbe-
cause the Will provides that the common councils OF
those cities al not take possession Of the estate de-
yised in person. but that those cities shall appoint
mssioners to So and further directs that the property
shall be managed in particular manner by those COM
mssioners and the and profits divided into eight
equal parts and applied for the support OF orphan asy
uus free schools for the poor and other benevolent in.
sutions-Mr. Benjamin contends that substantially the
devise in the will is not 10 those cities benefciares
but only a trustees for Others and you judge OF bis
powers as debaer when say think that he carried
conviction to nos, ALL ii not all Of his hearers. at least
during the time that he was speaking So fascinating was
bis oraory that bis hearers, at least of them. lost
Nsbt the l0ct tn0t CITY Oh view 10 WnicO
the dsyse was made that spot OF earth or ply
sica enuty known as such city, but to the community
occupying that spot and that appropriation of the
rents and profits Of the land devised TO said city, for the
USE good, or benefit of such community, was reality
sdevse 10 the city, and The benefit Of the city and
none the less So because the esato orders the property
to be managed BY commission, TO be appointed by the
common council, the very senses and members, to
speak, by which, and through which, the municipality
perceives thinks, and acts 10 what could the
rents and profits OF tie estate be applied 10 bene
the etv more than by educating lis poor children, and
feeding cothing and housing its orphans Suppose the
devise had been to the city generally. without any pro-
ysions or directions the disposition oil it, aud the
common council had BY ordinance provided that should
be managed by board Of commissioners TO be appointed
BY ITSELF and that the rents and profits should be applied
by such commission the support of free schools and
orphan asyums: would any cour in the world restrain
the council from managing it, on the ground
that such appropriation would not be for the OF
benefit OF the city, and would thus defeat The intentions
Of the ies,ator who, by devsing it TO the city mos
clearly intended 10 have il applied for the benefit Of
the ci,y' II the common council might so apply it I'M
der simple general devise to the cy bad no, the ties
aor mos, clearly a right, in devising it TO the city
to direct that il should be applied. is the cit,
no, the beoehcia as we'll as the legal, deviseei Til,
man who has the power to render, for moment
such question obscure, must be finished debaer.
JANUARY ~, 1854. w. L. A.