New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-15

speed the case you best might, without sd from
him. two or three years might probably eapse before
fral Judgment could be obtained.
But for the fact tina, Mr. Davies seeks to holh the
present Judgment, and TO avoid that fun investigation
Of the eal merits to which from Mr.. Cowles
would inevitably lead, would have entertained the
most perfect confidence in his readiness promptly to
meet and tee. your claim. That fact may justify an
apprehension That If permitted to take the seat, he
vii not aid IN accelerattng your proceedings
II may therefore be feared that speedy decision
cal not be had except by continuing Mr. Davies IN the
attitude Of plaintiff In that event he will OF course,
be desirous 10 accelerate proceedings; you can then
co-olerate with him in that object ana thus the qles-
ton nav be brought 10 issue at as early period AS
If lie Lad met il in the present action.
1t only remains TO be considered how TINS Is 20 De
done. | would advise you TO place before the jus
iices Of hi. district evidence showing the validity Of
your ballots and the defective character OF those gwen
for Mr. Davies. These facts, coupled with the Doto-
nous one Il at there two vacancies, vie"ed IN
the light Of Judge Johnsons prevailing opinion IN the
Court Of Appeals render your title 10 the ONCE 80
clear tia 10 oubt can well exist concerning IL ana
seQueutiy the Justices must er aecessfate, de-
tefmne whom they will recognize as their associate
il will, in my judgment. become their daty to recog-
nize you.
This will not involve any disobedence to the judg-
ment Of the Court OF Appeals. That judgment binds
only the parties TO 1t. 1t based fictitious case
abd is ke foot merely by the consent OF the par
ties contrary 10 the clear intmaton OF the Court itself
that il ought to be opened fol- restatement Of the
case according to the truth.
Tie lion. CsAxIEs A PEAFoDY CH oCoNoR
On the 4th of February Mr.. Peabody took his seat,
ard addressed the following letter to Mr.. Davies. To
this no answer has been given, but the 9th instant
Lee took h. seat
NEw-YoRX, Feb. 4, 1856.
My DEAR SIR: | lam very DESTROYS to bring to @
JUDICIAL determination, as early as possible, our con-
tictrg claims TO seat on the bench OF the Supreme
CouIt, GIo most certainly viii do all in my power TO
tSitCitc q suit YOU may institute To that end Dir.
CCOIoT, WHO viii act my counsel IN the matter,
tIttItGiushe anxious d sire to arrive at decs-
ion in tie Count Of last resort at the earliest moment
practicable and we venture to predict that, with the
Lcuty cooperation on your part which we promise
Gun, Ives, such suit may be pressed to trial in
SVtca ard General Terms of the Supreme Court
wi icL wi am sure, arrange its business and terms
20 speed it on within the present month"; and arrive at
the Court Of Appeals in time for hearing and decision
there cary in the next term of that Court which will
set IN March.
have no doubt that regard for the public interest,
which viii be paramount with you, and which seems
L. demand this course, will inspire you with the same
wish, and 1 hope immediately to receive from you
assurance tlat no nome Mt of time shall be- lost.
alu. dear sir wh great respect
Your olecient servant, c. A. PEABODY.
HENRY r. DAVIES, esq.