The New York herald. [volume], April 27, 1859, Page 2, Image 2

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2
COL, LOIKRIDGE'S EXPEDITION. <
?? v
Owx *?w OrlcAii* CorrMpo?d?nM. f,
Niw Ohlbamb. April 19,1869.
Th* Jritf-na P enter Emigrant Auo&ition? /? Ctaxrof*- <
and Object:?Their Mi,, in .'Arit:na and v * j
Mttico?iw< ntl Htnry'i T& M -orOurn !
Vtneril Jwiig? Ctft vl r^M-kridu "* ^
<Cc. Locxrvy^t OptraUvni Su
- ??.* ???? , ? tkC
? vu? u- 4 C0nnlry) p^ticuUrly of tU? I
KorUn.ru Slates, ? ppMLrt to ^ p*yBg considerable atten- I
lection to anU1* ,1)lU>ll lLVMl0Dt cf ^orlhern Moiioo by
Americans. ln tcllDecVK)n the recently published
army ori> MB of prevrt Mnjor (icnoral David E. Twiggs, of
the De' ^urtment of Tex rJf j have bom at eoaaiJcrable pains J
10 " vceiigatc the sn'jjoct, and especially the character
**.<1 Intentions cf'Lionel Lockrilge's "Arizona Pioneer
Emigrant As*>ci?t.uy,." As I am cow satisfied that much
miEtipprihtiisiOD vx bis in the public mind regarding the
whole aflair, i w'.il be the more minute in detailing to you :
the facts I bar' been enabled to learu and assure myself
of.
Any one v bo will lake the trouble tl refer to the various
girc/ nment reports which speak of the Gadsden
l*urchaHo ?such a* the third volume of Reports on the
Facu'.c I? ailroad Surveys, the reports of Lieutenant Ui:h
Jer antf Major Kmory, Ward's "Mixioo in 1827,''or "Wil j
son's Mexico "?will learn that the present Territo- i
ry cf Arizona was cnce a comparatively pop?to?
ii and wealthy department of the 3pv !
h American colonies; that its luxurious climate
? nd fertile soil were put to profit by agriculturists, whllo j
its rich and seemingly cxhaustless silver mines weru
sources of immense revenue to their proprietors anl to
Ibe Spanish government. Thn nty of Tubac, locitad
amotp the Santa Rita mountains, in the heart of tiie silver
msoi^d *?o >?#?/?.> miner nnn nf tho moot imnnrtint of lh#
.nlard tomdf of Mexico, 00'I carried ou a considarablc l
toadr. Importing rich and costly goods and articles of
lwrury in return for h*r silver oro.
A J? jit missionary, who was sent into tb;i region in j
1#87 by the government, and who returned to Spun in '
1?90 or 1691, repcrtod that ?"A soientiQc exploration of
Sonora, wth reference to mineralogy, along with the inIrtxluntion
of famil et, * 11 lead to a discovery of gild
and silver to marvellous that the result will be such as
hat never yet been seen in the world.'' From 1700 to
1757, the adveituroue Spaniards of Mexico rapidly pushed
northward, find'ng that the further they advanced the
richer were the mines and the nearer to the surface was
Uw ore. While many of the mines they had left were
rried to a depth of 800 and 1,000 feci bobtr the surface
of the earth, the ore frequently cropped out of the mountainous
regions of the north. Emigration accrue! to stop
vt Uic Sacti Rita mountains and cluster about the city of
Tubar. from the aiinos, in th: neighborhood of which it
IB reported that matss- s of pure silver were chiselled out
f the veins. However this mij be, the city of Tubao
grew rapidly in wealth and importance, and the richest
Jttxiti mltp una in all Mniir.n wen' In he fnnml Ihira
?t course the proud countrymen of Cortcz and I'iztrro
did not Upgrade their ncble blood by working in the mining
region?, the inferior and enervated Auirio-Sixoiis
beve done in California and Australia No, they found
sonveDient to tbe new mince a numerous tribe ol Indians?
U?e Apaches. ' What a h ise dispensation ol Providence:" |
fxcU tued tbe boly fathers, " that while this precious
net*), eo necessary to Christian*, >s discovered imbedded
in tbe rocky gromd, immediately at hand have we also
dMcovercd suflkicnt heathens to excavate It without hiv ng
to toil ourselves." The pious Spaniards were not diapered
to slight the evident will of a benign Creator, and
with Uie tid of several dttachmonie of troop? that were
quartered at Tabac, the nercscary number of young and
health> Apa:tcs were promptly enslaved for the spirltaal
beneO; of tbem?e'.Yes and tbe worldly bene It of thsir
CMbwert. Many years they toiled, poor and in misery,
HtODfG surrcr.cded with op iienoe and luxury, until, but
for occasional instances of death being preferred to enslavement.
the institution of slavery m ght have been
consult red an necessary to the Indian as to the negro race;
but the day came when all this was changed. The
AfMLftxp rose against the Spaniards, massacred litem
fcy thousands without quarter for sex, age or condition,
tttl ever r-nce th?y haTC remained the wild, independent
Master' of the country. Tubac was desolated. the tn l?s
kail ever p.ore been cud starbed. and the fow impoverish*d,
'j|ierTa?e<1 Mi'itcaoa she still reside in Northern Soaora,
Mar to Ar ioca. keep fearfully w.tUc the ne-ghbor'tood
M tht tr U'wnf. quietly suffering their cattle and stock to bo
ran on by the l ands of Apaches who thus frequently ex
bibit Ui?ir superior.ty. Even in tbe heart of a large
town in Vortbern Arizona the cry of ''Los Apaj'ues' ios
Apacue- [" will cause a wild stampede to the protajt'on
aftordod by stoat wails and "trong boil*. Colonel Charles
D. Pes ton says ?"'When we foried our wagon? here (the
City of Tubac) over the undergrowth of the highway m
September last, 1656, do hiULUi bung was pr?3en*. to .
pMt our coming, and desolation overshadowed t'ie scene.
It was like the entering of the lo-jt city of Pompeii. The
rttwfiitrf war loaded with tl?? ou'uri of a rank vegetation,
tbe undergrowth in the bottom terv nij a? a lurk
og place for tbe deadly Apache, and tbe raveas .0 theoia
ehurcti window croaked a surly weiiome."
Since ibe time of Colonel Poetcc. 9 v-8;t, Ar'aona has
tcmmenced its resettlement under the uccessful auspices
of American emigration. Tbe Apaches well know tae
difference in character of the enfeebled Mexican and sturdy
AD?:lfr8axnn,ar.-i though still more jealous of these new
eoHjere are extremely cunious of coming in direct conflict
with them. Thf long dc-ervsd Spanish buildings are
beir.g fitted up with the rude furniture of the frontiersman,
while the fruitful soil, bo many years ly ng fallow is again
being turned up by the p'.mgh. But 1 cannot speak more
iorcibly of tne rapidity w lb which Araeri-an skill and
hardihood js reclaiming this long ioat garden district, than
by statuig that there s a tews;*i?r published in the c.ty
1/ Tabic, the weekly Ammian a copy of which 1 send
you by mail.
?' American enterprise, rtus Individually directol, should |
be turning to profitable account the agri: jltura! wealth of
Arizona, tt is 00 wonler that .is much more aitr votive
Mineral wealth should bave gained attention. While,
however, its alluvial surface can lie title 1 by each eongrant
w ihont requiring any considerable capital, to
plough the rocky interior of its moucta. r.g reijirres a com
bination of ear lal and labor, and this necessities tbe
rgannzation of' a bidy of m&n. The Ar.zona f'.'iBwr Association,
through its agents, have purchased .he title* to
several valuable min's a the Santa Rita mountains, in
Amor a as well as tho?e of other m nes in Sonora and
Itiil.inhiii rnlumnni In Ilia Amor an Tl,,.,.
have employed scientl&c men to visit aud report upon
acb of them, Mil the results of these investigations ti^re
Men so promising ;ui to enAiile tbem to secure abundance
of up.Ui to carry out their op? rai ims. Tney have
given the act ire direction of the enterprise ti Ool.oel
hnokr Oge, who has already engaged ^onae s.x hundred
men. not selected from the worthies ec im of
the population of oar large cities, nor from that class
of rtcklets alventarers so freq ;ently met with am >ng
?be very yor.ng men of this country?they are ail htrdworkirig
m- n. T'Xans an4 CaHforn an?, many of them
having considerable experience in g 'Id mm ng. I have
satisfied re/stlf that the?e men have ma!'1 r,o p,edj'e?,
nor were ai,y repaired of them. They have famished
their own outfits, a&d receive traospo tali in to the m.nw
t the expense of the association, anil when arr.vol there, ,
they are at liberty to work at the .nines for the company,
or se'tle down to aii agricultural life, as either wo il i be
keneficlal to an association so largely interest*; I in Arizona
Mods. They will mariu.n a certain degree of nrgir. i.\
Uoti and will ,arry their r.lles with them, as all frontier
ettlers ever have done. Ii. the n?ighborhor>d of an pawtrful
and dangerous a tribe of strafes as the Ap* ties, th s
Is absolutely necessary, for though tli<- ; ' ^
Tubac enj<y security, all wbo go out among the mount* a
ranges to the mines will be In a measure cut off fr.i n sueeor,
and can only rely on their staunch heart; and true
nttes At the same t me I have been assured and fee!
convinced, that the d-trrmina'.ioo of the expeditionists is
to abide rig'dly by the laws, and thouel tbey decide to
work any of their mines across the Mex io'rontur, It
will be by perm ss.on of the Men ian authorities, and
they wnl place thenucet under tue r.ntriciWus of the
local laws.
When one exatr.ir.es the yield of tfcese m nee in the old- \
?si time, it seems by no means strange thit they should
now attract Amer an oapital. will an-1 lab jr. The go
ernment records of mining results from the tat of
twenty per cent, which was the crown mpost on the
y*1(1 or cacti mine, seems to tue readier of Una ate almost
fk^alous. At lite same time II mutt be remembertl that
the r manner of procuring U.c preolom metal tppesri to
Ui<' tjts of science At the present day stupidly rude. Tu?
hict'ir;?n Ward, speaking of these .mmens* pr<,flts, nay* ?
"They were accomplished with the rudaat mpiem?ou, i
ad without kill. enterprise or capital. The averse
yield of tfie ores did notexceol two and a half ounces to
tfeeewt of ore. The ra.ners drained their worki by carry
>ng water in rawhde sacks up livHors of notched logs
e ores were raised in the name todloas and laborious
ssanner, and tie cruthing and smelting performed with
the exercise of m little skill and enterprise '' One of the
OMnpany s mines in Honora, which Is over 100 feet in
depth, was dra.ned m thw manner, and their engineer re
ports it can be permanently drained at an egpense o?' J
about 910,000 by tunnelling a shaft which will strike its
base and allow the water to run off into n mountain gorge,
lieutenant Mowry, the representative of Arizona in Congress,
has eit.m.iUyl the future annual produce of the
nines in honors and Arizona at one hundred millions of
dollars.
Hav ng new expla'ned fully the objects sod anti-'natloog
of Colonel Iockridge s Ariiona pioneer movement as T understand
and believe them to be, lot me gue you a true
Moount of the -ausea which led to <;?a?ral Tr g*n'
amy orders, and his present poeit.on. A Colonel w K
Henry, lalesherilTof iiexar county, Tens, oonw.uy) ,
pUt for the regaining of fugitive slaves who had cacaiied
cross the Mexican Innller. His plan. I believe, was the
Hire summary than legal one of entering tbe Mexican
territory with an armed force and capturing them whereever
be coold find them. Without attempting here to dittoes
the merits or dements of such a wild scheme, I will
sim)>ly my Uiat it is fa.'iralily lookedupon and wirmly
Mronded by many prominent citl?enc or reiM; ii*r??rAl
TwIms hmwlf, swan of Southern feelings, tu 'thonchl
*o U not unr?T0ralil? W> it Inde?a, Oolooel Henry hwi
pntDthfd h.i affWaTtt fitto'* th? lat* army order* wor?
Enimigawd) to tbe eflect that the .dea w?* arrt?nw?*V!.i
j footra) T1j u4t\t, who mtmawi! tl>at' be m <
d
VORK
)t interfere In toe
ate of defenr* ^?Uer, and thai if'ilco whm not in a
C'i whole ?nd oould not be recognized as a natlm."
*cept r ?nbject 1* foreign to the ooe I km writing of
far a* v> thow what led to tl>o promulgation of
<-neraI (Tder? No. 3, daud March 5, oftlie Department
of Texaa,'' which read a." follow* ?
The commander*of yoau In tfcu department are lirteted ti
rrullnlu' *: ml parties paaiag tb?- >t ite icJIv
k? micru'j, Mid, whrDPTi r ??U?(ied that they ire Or.^il/vi
fur any unlawful nbjeeta, to operate beyond t!i?liniit??fTi'?M.
Ite partita aiil be arretted, aiiariuud, an 1 lUelr cvmuiiude a
turned ov?r to the ciriJ authorities
ISy order of Brevet Major <Jen. Twtc.os.
jiiiiS WITdiBs. ?i?'t A.ij'tQenera'.
Whale ver led to the General's avowal or hostility to
Ooi. Heavy's expedition, Itx&t he cviJeuHy looked npoa
the Anson* emigrant* aa in collusion with thu tdave
huntus,or having isome equally iUegul tutontion, is evi
dent from tl>e wording of his orders; and heuo-J it scera*
that the rich Territory or Ariaiua la to be cat off from thu
benefits of all future i-emigration, and her growth, so
rapid within the past two or three ycurs, to je sadJcnly
checked, hccausc, u.-> all emigrants roquire the rule as
well as the spade, this fact is nulUciem, for to be
stopped and "turned over to the civil autnoritu "'
Since the publication of these orders it his been
currcutly rcportnd by the press thu the adiumistration
ha? forwarded stringent orders to the Depart
ment 01" Texas to prevent any armed partis inutmg
through into Arizona. 1 have it from Colonel
Ix>ckriilge himself that ha desires no coall.ct will t ie
Man) fbrasB)lhat by right fhould support and protect Ml
emigration movement, ami that, while not fully crediting
the report, he has entirely suspended bis operations until
UC ICarilH 111' ui IU ' WIUllUi|IIR-.IUUit?t;ii ? u.*? ' WW
tious witli regard to thoexpedition ncJer hi3 command. If
tho I'nited st*U'B government arc determined ihal armed
i nigraiiUi shall not pa.?s into Arizona, as it does not at the
same time give full protection to those unarmed, the Ari
xona Pioneer Association, contused of American citizens,
must of necessity abandon their designs, th<>y must suffer
a severs I0.--8 to themselves, and as well will esch mm of
the txpedition, now reiuly in Texas to push fowsrd, be a
sufl'crer. By ibe time my communication is in priui the
position of our government will probably b9 definitely
known; but until that time the company must suffer the
ex|<ense of delay, which will not be inconsiderably wlun
we take into view tho number of men ou thoir
hands. Their organization is complete, their cqmpm'uU
anil stores ure reudy at the rendezvous, ami tho <vh ile expedltion
would now be on its way but for the action of
General Twiggs and ihe unfavorable reports I'rom Washington.
t'olone' Lockrldge is now in this oitv, stopping at
the ?U f'barles Hotel, v vtiup despatches, but I undorstaod
that he may goon to Washington himself.
Hero wc are in iho midst ot luxnr ant vegetation, b'oapoming
trees, ttowrs, strawberries aud blackberries,
with alternations of ex.vtgivoly Wirm and modiratoiy
rool days. Indeed, it teems like curly Juuo to a New
Yorker, and I might aetonuh you ?>itb stories of procociou8
fruit and vegetables, but that certain journal*
have forestalled me In a manner which my orJinary gift
ol' im.tpltiution tnca-pa utes me from out Herod,ng.
Our people are awaiting news from Cuba with brovhUps
anxiety, and now is ihe gulden period for those who
delight hi shaking their htada signitkmry, placing their
fingers on their mouths, or quietly observing with a ah ike
of their heals," We shall see what we shall see "
Strangers of importance in our midst seldom aw*kon
our Creole population to any stato of excitement, and evea
the charming i'iccolominl was obliged to pelt her kisses at
laces which scarcely wero moved at such condescension.
Mrs. Ann S. Stephens is among us collecting mitarial to
work up into a novel illustrative ot? soc ul life in the South,
and which, while it will probably be as vigorous a work
hf was " Uncle Tom'B Cabin,'' will do the South more
justice.
ADD1T1 MAL FROfl THE SOUTH PACIFIC.
Details of the Late Revolution In Valpainlio?
1.1st of Americans Murdered, Robbed
and Assaulted?-Horatio Gates Jones Shot,
ami His Head Transfixed with a Bayonet?
Case of Consul TrevetU- Action of Hon, Mr.
lllgler.
Ot'K VALPARAISO CORRESPONDENCE.
Valparaiso, March 15,1869.
The Late Rcviulitm in the CUy?Horrors of the Street
Fight?S'tmn of Americans Outraged, AtmtUUd ant
RotJ.f<! by the Soldiery?Aj fi.ill of the People to the
tbrtign Cvnsula?<rivernment Difficulty with the Cnilel
States i > ?su!?Th? St'liUery in Jlis House, and vfy
sj iriled Conduct of Mrs Trirett?Rout of the Military?
Chilean Hatred to Amtricant and its Causa?Ihey were
Sh'rwn as an Inferior Race in California.
What a chapter of horrors is a resolution in South
America. Od Monday fortnight we bail a street fi^r.t, of
dome two hour* duration, in which a few score, porhips,
wore killed, and tbu victorious soldiery fol'owo.1 up their
triumph bv a series of vandalisms better bclttiDg a eonquerir.^
army after a six months siego than the troops of
a civUixed government after the suppression of a loca'
d^tarbance. Stores were broken into arvl sarkod. Private
dwellings pillaged. One American, Horace G. Jones,
was btaUUy murdered, In the prepene? and amid tho
P'TfaBB of hip agonized wife and little ones. Another,
name unknown, who was (inietly returning boms, long
after the fight was over, wa3 coolly phot down, utterly
without motive, gave that of murder. Aother, Mr.
Suess. of Now York, was stopped in the public plaxa,
and. with a bayonet gleaming at hlg l>rca?t, relieved of
watch, money and jewelry. Pr. Duffy, returning from
lending professional aid to the wounded, was robbed at h.a
very door by the guard defeated to escort Km.
(ieotlemcn standing at thoir window? were in number
less insuacts compelled by levelled icr.akcts to throw
down a ransom for their lives. Ttie firing wis either very
wanton or very careless A score of \tlis trans tired the
flag of the American Consulate, act as many the oflloe,
foe of which passed wbiwng oy the fair cheek of a la.ly
wfco bad taken refuge there, and was within aa ace or
str.kng the Hon. Frank Woodward, Unite '. States Consul
for Coqulatbo. Hundreds, deserting the imrt, fl icked to
ttc hills for refuge, pursued by the soldiery, eUVod by
success and excited by intoxicating liquors.
The resKlence of the I'n.ted States Oons jl. Hon. W'iam ,
Tret it;, situated amorg the hills some half a mile from the
city, * as besieged by the frightened fugit.ves, an! sane
fifty or sixty arked for that hospitality and protection th':y
had heen taughtto expect ffcm the Uag with toe starry
folds. In uese sountries, where revolution! ure epideai'o,
it ib customary to cone der foreign consulates as a sort of
political (piaratt.ne wh<re one can lie till the malalv
learns the country, and th?-n came forth with a < l?-*n bill
of health?? custom of which his Excellency the Inteodente
was not slow to avail himself on the 2Stti, wuea tie
Uft hi? tv? \oj\ ff?r th#-- mr?r? mo?<?*Kl in arm km of Dr. Antrtnuk
\gacio, her Spanifh Majeity s Consol at this port
Tbe fugitives were a?Ke>5 neither name, conditi>n nor
politics? they were recc.ved and well treated by the Ginsal
t family, in b.s at?sencc?some retnii.nel, others re
turned to their own homes. On the 2d inst., as the Consul
approached n;s bouse, accompanied by his ocretary,
Cltrlcs S llaad of Pennsylvania, he was huled by a sentinel
and ordered to stand. He made hlm??lf kno?n but
Ineffectual^. and after being made to wa t some fifteen
minutes, waagraciously permitted to enter theirauds
arround'tjt his own hois?. Just, Ie = 'le the gate be cane
upt-ii another sen tine', who, uoab e to r ve a Ratiefact/ry
account of h'nvelf, was astonished at > ndinj big musket
nearly wong on: of bis hands. At this juncture
the Consul's lady appeared, an I stating that there
was a man m her room who claimed to be an officer,
and wuos-' conduct h*d been anything but that of
a gentleman, the Consul banded over the S"ntino! to
his secretary. and meeting the o(Il:er?Captain Ramirez?
on the fc(Airway, demai; led flrtt h'.s author,ty for
this intrusion, and then, ar he ha^ none to show, his
iword. rh.a led to a little personal controversy and the
ditarnr uf if the officer. It appears thai Ramirez Mating
U|>?r. t'ae abs nee of the Consul from the dwelling,
entered the grounds through a gap in adamigod wil
w itta some twenty soldiers, nopmg to carry off any refufc*>
he m'.|tt encounter by a r.mp dt main. But, a'though
ho reckoned without bis lioit, he likewise fnrgot
the Loatus, and Mrs. Trevitt proved equal to the enter
genry. Oiliin^ an attendant, she b;d him bmg her an
Anjer.rat Hag which she tbrew upon the staircase as tbe
party ?l.pr**.-n?d tbe boasc, and, aa the ctn. er au-'mi led
'J' Ucend, pointed to its folds, an 1 ( roelaimed it, ,n the
abs< r.cc of iter husbar.J, her protection against insult.
Careit-rs of consequences be dc'beratciy wn iced o?er the
prostrate Hag, and aacnndmg the ?tai.s, entered the pr:vait
a ?rtmentof tbe .ady, deap te of her re;?atcl r?qr.aaia
*r V. rr. L. nitifff Hi' lh*n iXM'kofWfi to Oil* Of h'W itu-rt
follow h:in; but tbe fellow, a common soldier?to h.s
tonor be it sa.d?declined to follow, sayng, "IcmdoI
tread iijob Ibe flag. fir |i!"ase to ;i?k tbe lady to put ;i
aside " Mrs. TrevlU lb Ml ted, however. .that tbe soldiers
should n<>t oome op; but Ramirez still remain og. hj*.
ever she yielded the point.
To return to the oombatanU?while tbe Consul *u disarming
the oflVer, who resisted wtootly. Vfr?. TrevU riose?1
tbe door leading to the stairciae, ari l placed herself on
liiiard outside of II. ^bcut tti.fi tfrne tbe captive sentinel
r&iied out for help, and was reinforced by a dozjn of hi
fellow* wbo were lurking near, wbo cawi running to h *
anuunce ga-^e Rand a blow in th? breast with a mu>
ket. knocking b m away from tbe sentinel, and crowded
routd tbe lady to endeavor to tear her away from tbe
door the waa guarding, and through winch sle declared
U.ai 1,0 one mould eater. Mr Rand pushed through them,
and standing twfore Mrs. Trenu, ordered the sol Hers lo
t und off, that rbe was the wife of the American Ooniul.
At lb la moment one of them struck him a heavy blow lo
tbe face with the butt of his musket and relied him senselew
and bleeding to tbe feet of tbe lady, where they attempted
mi bayonet him aa bi lay, bnt Mrs. Trerttt bent
over and shielded bim from their m irdero'J* designs.
until, opportunity offering, she dragged or
carried him to an adjoining room, and returned to
defend her po?t. Musket* were iovellel at her
and other* of the fnmity and mapped, but she gal'antly
defend*! tbe position, re< etving sundry brnm?a and injuries,
until the Consul and Kara.rrz got throngh their on
troversy within and retired up stairs, when ahe retired
to her room.
Ramirez plead hard for bis sword, which w.?s osly
given baric to blm upon bis promising upon his wor 1 of
honor to lea re imm?u,n?iy win n,H tro -pa, ??w>rt y
afte r b? did.
The aflair created a ?r?*tf deal of Uik ,n the rty n?tt
day lome biamng the Coocul for lit* tr< utmont of R*mi
ft, otbm blaming him for not having ?b'>? lilm??ni ttv?
farm being distorted in the most unrein 17. ?ble manner,
The facte condensed ?bow flmply at follow* ?That the
government troop* had been notoriously gmlty of mnrder
and robbery two day* before; that U.o Oonaul fo>jn1 a
parly of ?\icb In hi* houne without written or lorn (th?y
nald ?he Intmdente *ent them); that, m.o<lf>il of thu had
reputation of the tr fultowa, and indignant at the trumlU
offer"! to Ms laniily and hi* flag, he determined U> ejest
thern from Me premieep ac1, a* led by oan gnntlenoai and
one iady, all unarmed, did ao.
<m the 4th inn., a< 11 o'clock A. M., a oompnny of Infantrj
w?* marched up to the r<*idcnce of the Conaul,
fccJ a fron b* *ubor.ti?e dtoi/.ntiiDg toe lottant
HEKALD, WEDNESDAY,
urrender of all refugee? in the booM h?n4ert him by the I
coramaudcr. Tlie C?n?ol requestadaa opportunity to con- I
fer with tbe Intendento upon Um matter; but it wm i.o?
allowed him He alio deaircl to await the receipt at' ?
portant dwpatfhfg from h!? Minister In Santiago *
info. rmd mat the ord?T? to the party were "
men. *n<1. if 8!T?? ?p' iJ,?,V .JCm by force, and
without delny. Iho "P*" 5*u 41 under such circum
yUi"cb^m th* -mi waa larger thuu hecould
recta, dc should o* compelled to give way to it under
j.roteet. Ho Yeqaegted, however, the levler of the party
to allow h'.ro to endeavor to spare bloodshed by repretenting
to the gentlemen then in hig house the impotlibility
of ili^ht and the upelessncss of vain resiiuuce to an
armed force of a hundred men?twenty to one. Having
done th ?, accompanied bv the members of his family, be
i d his dwelling,normally and In the pieseure of
three witm mes, Americans, protesting in writing oganet
the aet thcu bc.ug earned out. the fores ':nierea,
retrchtd the house and retired, bearing with them the
baif dozen gentlemen still remaining there.
1 tend you the gtraplo facts as th-jy occurred and as related
to me by eye witnesses of them. OlBcl .l Ct mp'aint
will be made in the projwr quarter m good time 1 have no
doubt. The general sentiment here, I am happy to gay,
fully and cordially endorsee the Consul in his pro oedings.
Tbeto refugees were utter strangers to th" Cnntul and his
family?came uninvited and unexpectod?asked h<>spi
t&lity and received It chieifully. It is ono of the "pecu
liar institutions'* of Chile, that you arc at anv moment
liablo 19 have a gueet or half a dozen of them arrive
per stage or steamer, and quarter themselves upon yon for
a niontu or go, an 1 .n these times mout peculiarly so.
Whrnarliedtog.veUiemup.lt was but the natural instinct
of a gentleman to require some proof of their being
other tban tbe peaceful guest* he had known the in, and
the little delay he :s said to have deminde l could not
hnvi, nl<y<r?il tnn i'mo in the cvei'tualitv. >t ?r:iB eagv
enough lo surround the house with sentinels, while a
little courtesy was being shown towards a foreign re|>re
scntative iu grunting a reasonable request 1'or time.
Tlif Urt :h thert il a deep uiil growing luitrei of Americans
existing ;n tbis country, which will yet bear OitW*
ut.i! blood; fruit. I; originated with the California emigration
in 1811) 50. rhoueauds of Chileans, aid'lent ji
phytiqve and morale, (looked to the shores of California,
with Ml those poetic fancies of sudden wealth that coma
with the delirium of the gold fever floating drr .rail? n
their brain, and, when awakening to the renlity of tlioir
portion, t.bey wore compelled to work severe./ or ptarve,
embittered by difappomtmnnt, rcvengoful lu Jli? jsiti?ni,
th.-y sai k l'rom one grade to another in social wwition.
were found foremost In many a fray, aad while tinny
therennnt tuo penalty of the ollandei laws, is <
turned to Chile, to remain forever ai'tcr the unforg vinj
enemy of the race tliey could not rival.
The public prints of Chile have long studiously decried
and Blundered tho people of the UniteJ States * Lh a p?rsistac^e
caicula'ed to do grave injury to our ootumer ial
and other Interests, and these outrages seem to bj but
manifestations of that spirit of antagonism which for
years has bvou r pening from aversion into feud, insidious
ly nurtured and foiitcred by artfully selected oitraots
from filibustering organs, bublished with note and >uunm?nt
by the press, aye, by the oflkial press of this
republic.
The newppapers to day state that tho goveremtnt lias
cancelled the exequatur of tho consul, and are about to
prosecute him criminally. 1 have not been able to ivortain
whether this be truo, and doubt whether they will he
willing, in the face of such grave misconduct on tho part
of their cwn officers, to commit so silly an error.
Vali'-araiso, March 16,1859.
Jdditicnal farticuUtn of the Munltrs and Robberies of
Amtricavs?Oat* of Horatio Gate* Jones?He is MM,
and hit Head Transfixed to the flocrr with a flayonet?
Jnsuit to the United States Clmiul and his Family?AcHm
of Minuter MigUr?Our Government ?xarti full SMufaction
from Chile.
On tho 28Ih of February au effort at revolution was
maJo ill th s city, which failed in consequcnae of bail arrangements
and want uf arms. The fight commenced at
noon, and continued for about three hours, during which
many murders, robberies ar.d outrages were perpoiratol
by the government troops. In fact, all the outrages and
robberies complained of arc attributed to them.
During the light one of the most cold-blooded and heartless
murders I have ever heard of in any country was
perpetrated.
Iloratio Gates Jones, a citizen of the United States and an
excellent man, was murdered in his own house, and in the
midst of bis family. A body of government soldiers forced
open the door of Jones'bouse, during which effort MrsJ.
's brother was mortally wounded. Soon after the soldiers
bad entered the house, Jones was by them shot through
the heart, causing his instant death; and to complete the
atrocity of the deed, one of them ran his bayoast through
his head and faeteced it to the floor. Another of the fiends
took bold of a child and threatened to dash out Its brains
If the mother did not tell them where Jones kept his
money, and the mcney of other persons, winch lie was
known to havo in hi3 possession. The distracted niethar,
surrounded as ahe was with a band of savages?her murdered
huBband at her foet, and her mortally wounded
brother by ber side, and lier child threatened w;in!oath?
mado no effort to conceal the treasure, and she told tbo
robbers where It wan to be found. The soldier", a'lcr obtabling
SB the money in the hotter, acd destroy xg all ilM
furniture, he., made their escape.
Although this murder and robbery -a knuwn to have
beeu the work of the soldiers, no effort has b"c n ma<le by
the governmeut to ferret them out and intlici upon them
the punishment which they desorve.
The honso ef Pr. J. B Cofa Blanca, al90 a citizen of the
t'nittd States, was forcibly entered by soldiers of the government,
who presented their markets at the [Victor's
heart and threatened him with death if ho did nut deliver
totb' m his money and other valuables. <'no o'the soldiers,
during the t.mo they were in ttw Dost;r s house,
took a fancy to bis boots, whioh he was compelled to pull
off and givo to him. and take io j ace the <HU shoes which
he had on his feet.
Albert Sn<ss, another citizen of the Unite 1 States, was
on the same <*ay accoited on the street, and fter being
threatened with uca'h if he resiaiod, was also robbed of
all his mcney and a gold watch.
On the 2d of March liagraut outrages wore comm.tied
in the boute of the Unit 4 States Consul for ttua port ?
[Detailed above.?Ed. Hhuld.}
Tor several days it h?d b :?n whispered ab mt that political
refugees were in the Consul s house, bit no no'.ioc
was given to that officer as to the character ?f tue men
or a desire to arrest Ibem.
On the aftcrno< n of ibe 2d, during the absence of the
Consul, an cIlKer ami ao:;ut tnirty irmM m^n ?arroi.naei
the CodsuI's hoii8>;, and the odleer ami three ol the men
forcIVy entered.
r.f < i nsul g Lvly, as soou as aware that they were in
the lioasc, informed tne officer itiat he was m i-,c residence
ol the 11) t>; l rita'.es Consul, and requested him to leave,
which he refused to do.
Soon after. Die CopbuI, his cl<rk and and biarspnowarrived.
The Consul for 'ome time was kept out of h?
house. notx.ilictan>!.r.g bis a.-?unicces thai h? was Uie
I'mtf d State* Coasul.
Soon affr be cbt.i .neti ailm 1 tan :e he discovered a sentinel
at the outer Kate. He ordered the senUn?l to leave,
wh.ch he refUK'ii to do. H.i then attempted to force him
out cf tho jjate, but b. lore he coald succmd, was
notified by h - wife, from th" balcoay, that taero was
an ullicer n> h. r a|<artmrnt, who had (jono there by force.
! i.' QUO) llm run to the relief ol M lady, ?nd so >o
difarmed tbo soluter of his sword. Tlie ao:dier? on the
outeld?, bi>aj'n(t the noise, rushed Into the hoise, orviug
oat, "Shall w.' kill the Consul?''
The Conaul then reu.met the officer Lisswird, npon
condition that ha would leave with hus mea. I mring the
i anteet Mrs. Trevitt, the Consul's w fe, received several
sevro blows with tbo m! -'kr'a of the roldier* and *;?>
with their clenched Arts 'Ihe Consul's slerk wa* knotted
down, ami the Consul ami his son mere threaUiwd with
dcatb.
This affair has crcated great exilement, and M oow in
cbarieof the United States legation at Santiago. U !s
now rum?red that the Mic htor of Foreign ftelal'>as
of Chile a lew days sioco sought an nterview
with our MiniMer, tiorernor It'j(lcr, to ?hom ho
trade hitter 'om; 'aims aci ntt the I'd'tod -Lat'3 Consul,
assuming in relit "n to the mutter a very bold t"ie.
<>ur M n.i-ter replied very spiritedly to the Swretary,
tell tig him Uiatl.e should .ns.ct u|?n full justice being extended
hy the Ch.io.ii. g> . eminent to ev ry i.lt'.iun of thn
.1 - ... II.. ... _ ,??.!
the < bi!e?n diplomat of the murder and roh>."?r?a in Valparaito,
assuring b tn, n plain and .nrr wit. jtf, ? term*,
that be won'.d demand an 1 insist upon 4 fall ami complete
ni.offrfni for all the gM<,v*n<*>? corai/ialtod of?that ao
fir *s the ??? of the Consul was coi.rerned. '.!to men
who had forcibly entered but fcitno in Li.a abwuce, and
there committed acts of outrage and v.olin -e, swuld by
order of the government lie severely punished.
The pT'?ra:liiiB opinion appears U> bo that the Chilean
government raited a bowl ovar he OoBiHl'1 case 11
divert the attention of tbe Min uter from the murder of
Jonea and tbe act* of robbery and outrage which have
been r? ported lo him, and |>erhapg intimidate hio. Hal
tbey -wight a tartar. ' Their cn.ef ?m mot in atone
ar.d manner he little expected. and very cxm wti driven
nto the defensive, and forced to iay tuat Uo bid but
i'tie .nforaiatiin In relation to the rna'.tera under iliacoslion.
1 mJerstanl that ful! ctateicema will be senttoWa*hinginn
city. If >o. they shoild be pubiiabed for tb? infor
mat i< B of tbe American people
MImIiir Lett?n.
TO THE KDITOR OF TUB HERALD.
I obverved >n a late isiuc of the Herald aoroe very
iott comments on th" n?e*sityof greater caution in the
mode* ad<pted to convey letter* to and from tie Port
Office. Tht want of proper care In thia roapeat will no
dr.'ibt furnish an explanation to many of tbe very nn
m?/o?B complaint* recently beard among buslne* men
in thia city bnt while wc admit all thia, on cloae inquiry it
would be found that the < arlo*t nc** of th? Post Ofl<*
clerks themselves have more or lesa to do with ge'-ting
other people's letter* inte wrong hands. The discovery
would bi' mu le, 1 think, that there Is scarcely ahotisnln the
city, f i tting their'corre*|iondenc? through the bo* delivery,
who do not often receive, among their own. let'era addressed
and belonging to other p?rties, and it haa happened
more than once within tbe permna! knowle<lgo of tbe
writer him mi" "uiiro cor.ictt* of ? bo* have t>een paftaed
out m> the wronjt .ndlvidnal. When eocb mlatake* happn
w4h h'DCTl of crmnw no eenooa ooat*(|>i?firi?
follow: bnl where the fact to "ther?leo, neb
wrnuK delivery 1* not i.r.ty annoying. b'lt fatal, where
wconiary lnt*re?l* are involved. If onr worthy Poetn
n-ter would tighten up th,* Ioom mrew he would assuredly
save the public much iitoonvonifno* and loee.
a hoxhoi.okr.
Prti. at Nrw or.lraya- FIoivkic Krixtrv? A. <lnel
tr ok place on the J3th inwt., at N>w Or mini, between Mr.
W C. IJpecomb, of the firm of Wilaon, I,ipe>?inb *(>>.,
ef ibat city and Mr. Hamnri Neleor, of the Arm of W. S.
1'nmelI k Co., a'*<> of that i-.ty. Tl?e weapon* ined were
(tint f?na, ionda4 with ball. (ItaUnM forty pMten. Artw
lbr?? shot* w?re rxcharified, and bo .lamn^e done,
the kUIInK <*? >'"*? whlrb w?* (rarlnf in Um I In* of on*
#f Mr. l/tj*comb'? bullet#, ice partwn w.'t tl>? gr ouwl
APRII* 27, 1859.?TRIPLE
TilB WASHINGTON TRAGEDY. 1
Trial ?f Daniel E. tickles for RUing j
Philip Barton Key, i
a
wv.www r
Argument of Mr. Ould for the [
Prosecution and Judge c
Crawford's Address.
" ^
The Case Given to the
Jury.
THE VERDICT.
Unanimous Acquittal of
Mr. Sickles.
INTENSE EXCITEMENT,
&C, &C., he.
WifiJliNUTOM, April 20,1*69.
There ie a general feeling of relief manifested this worn
ing, by the Court, jury, couuwl, spectator*, and indeed
by all oonoorned, at the proepect of arriving to d?y at a
termination of this protracted case. It ia expected that,
if the rullngu of Judge Crawford on Iho inBtruct'.oui
prayed for ft not very adverse to me prisoner'* cause, i
the cueo will be submitted to the jury without further
summing up, In which event a verdict will probably be 1
returned on this, the twentieth day of the trial.
awh mknt of mk. ould kob tiie prohboitiok.
After Mr. Brady concludod, Mr. OuM, the District At '
tcrney, said be had listened, as no doubt the Court bad, j
with great interest and satisfaction to both the argumeutM
addressed to his Honor on the p*ullng instruction* the
day before yesterday and to day. He admired particularly
the ability and candor which marked the argument
of Mr. Stanton, who, boldly meeting and presenting all
the difficulties in this case, marchod up to and con
tested them in all their strength. Not only did be ailmto
the candor of the argument, but the brilliancy, power and
pathos which characterised it. Aflor saying this muob, It
would not bo amiss for him to remark that the proeeoutloa
stands now on a position tbo same us taken by tbu
othet side?to wit: that of denouncing the oflfenoe of
adultery. The qucsiion, however, is not of adultery, but
one of murder; and whatever vioe and criminality may
attach to adultery does not relieve this other and higher
offence of murder from the condemnation which the iaw
parses upon it We admit, in all their fulluess, the justicu
of the denonciattoDS which bave been made against
adultery, ana tbat it is an offencc which cries
<a O/in nnn fn? nnn/Ut airutt ii vn and t/t ,
man for hie reprobation. Nor (lo wo deny
U>e tacrednen or tbe family relations which have been
go pathetically alluded to by the gentlemen on the other
side, oor their importance to the well being, tbe peace
and happiness of society: bat deeper far, and below all
such questions, lies anothor, upon which all questions
of this kind rest, and from which they all spring, namely,
the Bacrodnesa of human life. Tho family rotations,
bo eloquently portrayed by gentlemen on the other side
spring out of the human life; they are such relations as
are social in their character, affecting uot man ln*ivi ltially,
but 6printing out of Ihe relations of society. Human
life is the shaft around which all snch poetries as this are
wreathed. It is the grand trunk, which supports tbe
bloesomlcg glories of the family relations. There has
never been a civilized nation, never a code of taws, bu
man or divine, where the sa-relnoss of human life did
not first and foremost rectlve all the sanctions which
human society itself could gather around It. The law
made human life its first care, and all ooncur that
both human and divine law unite lo give snch
sanctions to lile as will best secure its preservation
It was truly and well said by the learned gcnticmeu on
the other tide, that adultery drives a wife from her hus
band's side and severs those whom <Jod has joined together.
It is true that such iniquity may render desolate
ihe hearthstone, b it is it not equally true tMt by taking
away a human life a household may be wrecked/ Is one
to be cured by the other.' It has been contended by the
counsel on the other side that adultery is sin ma/urn in le;
but be (Onld) bad seen no books, no troat.se relating to
modern society, where It Is so registered. If so, then the
right of punishment uot only belongs lo the injured hus
band himseil, but to any pyrsou, no matter how much a
Strang' r to the hutbind, might bocorne a witness to
the adultery. It has been contended, on tho o'her hand,
that there is no mitigation by the provisions of tbe New
TeBt.lment; but is this so? In the beautiful lilustratioii
of Christianity which has been read in the bearing of tbe
Coon, taken from the record of the loved discmle. ibe
principle, the sool which breathes through it, is lo
Be considered, as well as its peculiar phraseology.
Ite sin is there spoken of by our Divine Master, and if
the adulteretscouid receive his forgiveness, it oouidontbe
*ntne principle be extended to the adulterer. No evidence
has been suggested that previously the adulterer himseli'
Ha/I li?an htr nr? nilra rtAt\ mnliitiiHn n* hir tha rr
husband, and slain. There is no suggestion in Divine ,,
record that any such thing occurred, llal, ?iy the learn j
cd gentlemen, the Itomati law prevailed there. Does ?
that a'ter the caseV The Saviour was there speaking of r
the nature of the sin, and not interpreting a particular L
law. Besides, tho Koiran and Jjwish law, so far as the r
parties were caught in the a-;t, was odo and identical. In 0
both cams the siti was visited with the penalty of death,
jiKlictaUy admins tered; that this was so muat be app?
rent from tho New and Old resUments. In proof
of this 1)" referred to K'uteronomy, where the
very method of trial, through each sujcessivo rtcp,
was expressly written down from the mouth of Gol; t
and in this case. cxtenJiug to some extent to the principles
of our very law As to him accused of adulWry,
which w*g so lieinoaB to U13 Hebrews, it required the testimony
of two witnesses to convict him, and the testimony
was to be given beforo a judicial ollteer. In lllus
tration of the sumo fact, be quoted from the thirty first
chapter of Job, eleventh verse, where la speaking of the
ofl> nee of adultery the following language is used:?
f><r ibis lia heinous crime yea it Is an Iniquity to be punished
bj the J udfies.
He neit quoted from the eighteenth chapter of Ea?kiol,
tenth verse, to show that not oniy the adulterer and the
in rderer, hut any man who became a rol>n-r or> sheduer
or human blood, or an idolater, or a usurer, should
receive the same pun'Sbment at the liands of the law as
?p adulterer. Vot only is there a command "to keep tbe
Sab lath holy, but on a particular eceasiou a party woo
went out and gathered sticks on the Sabbath was g'oned
to death. It has b?en considered by writers on bun
I) Tin*: and civil law thai flits rMtentiAr iiidirlAl nrKL'tu
wis conflmd to the Hebrew*, given t>y (lod '
uiitseif, fiwt that this Judicial system has cot *
Inch a Divine sanction an to lie expressly com- f
niiimloU to be observed by men in all future time. o
Ir the very game chapter of i-cvitlcus, where the penalty 11
of stoning to death is ?xpr*s?ly written, the lut verse in n
the MM chapter visits the same punishment, without 1
qualification. on parties possessed with familiar spirits, or J
for being a witrh or a wizard; and yet denunciations ara
launched agalntt an incorruptible .judge and jury of l.ng- c
land, because when he sat on tbe botxw, cirrylug oat the 0
divine law, he \ is,tod the penalty of death on certain *
wltsbes and wizards who were brought up for judgment 1
If, from tbe fart of this divine order amag the Jews, It 'I
was to be considered as authority so far as adultery in n
concerned, ?nd Its spirit was to be observed in this age, i
and nnder our system or law, tbe eminent jurist was not '
only correct in his judgmont, but in this day it !>ecom"fl c
jour Honor to visit the same penalty on witches and r
wizards as well as on urarert. No man can tike up the c
Old and the New Testaments, and look Into them with a
spirit of candor, without coming to the conclusion that
there is the prente?;t and a marked MMlM between
the sin of adultery ami that of murder. An illnstra t
tion was given In the chapter quoted by counsel for the I
defence, of Simeon and Levi, as an authority conferred by '
tbe divine law for the punishment of the olfence of alul- *'
ton Ihnv hnvincr blllml thn nvithAr nf thAlp atitnr hinsh J
If it bad occurred to the learned gentliman to nad fur 'I
ther, he would have found that when the ?K<'d tat her wae '
about to gather up his foet, that h? might depart to his 0
fathers' when be wan Inspired by prophecy, and hii r
ilpp. touched as it were with a coal from heav >n's altar. ?
be said, '-Cursed be their anger, for It was fierce, and
their wrath, (or it was cruel."' Where ia the language
for other oBence# or crimes? It is written all through v
the (food Rook, In such language that there In no >|iiat ft a
tion attached to It. Ife referred to ?xodus, chapter 21,
verse 12: "He that srolteth a man so that h? die, shail i>?
surely put to death; and Leviticus, chapter 24, rerae
17 "And he that killoth any man shall surely be put to
death." and Numbers, chapter 36, verse in ''And if he
mite him with an instrument of Iron so that he die, he la a
murderer?the murderer shall surely be put to death.''
Nay more .the avenger of bloodjhlmself might follow him
aad put him to death, hr. It reaches back earlier thin
all that. It wat almost the Crst Ibvlno decree made by
the Creator with regard to the offence. Ho referred to the
!Hh chapter of yene*!i\eth verse, and of tlic peculiar reason
which wae given fly the mouth of Jebovah why toe
penalty shou'd he infflrlod on tho shed<ter of human blood 'Wboao
gbeddeth mail's bload by man rbalt his Mood be
shed, for tn the imago of God made He roan." "He is the
temple of the Holy Uhnit," says the New 'itaMuueut, and
be who pursue* him for the purpose of Bp:ug turn
commits a sacrilege against flod as well ^an off.'mw
against man. He flays what Ho himself calW divine, and ei
has made His temple. With regard to the punishment In- d
in fftrmnr nn a_itnltsir tr K.. /fl.iM v # ?
- j , ^wuxi; |irrirrrru hi pi
Und on the grnat m?nuin-nw of law, with the f?
n?nrtw>m and anttioritle* which ha<l been (fin-n U> thorn n
lie did not fad the ancient l*r m it ra , .< ,to I by ih? ?
defence, and read from the firnt book of BkftckitOM ax f<
follow* ?"If a man take* another Id tlwi act of adultery a
with h'a wfe, and kill* him directly mmti the npo?. though r
tbM waa allowed hy the law* of Koton. and ilkewlac by n
the Roman r.lftl law. If the adnlter<T w?a found In tb? ft
huthkiidf own home, and a tan among the an> Irnt (iotr>?, a
>it tu U i ?iid i'. * oot absolutely ranked 10 mo rate o1 I 7
SHEET.
istiflable homicide, as to the case of a Ifcreible rape ' '
he distinction it tactD, as in common law. making Uu
?tiaclioii between the party "crjght" aud "foand," as
i? wot'l m ntwi by 80me authors, bat subsequently pnr-rs
lud overtakes tbe offender and executes summary
engeaate. TI> challenged proof to ehow that any oode ?
ad received the approbation ef any cirillMl people
i herein the adr.ltercr was allowed to be purtted AfMT .
Qc fact anil i'.in. It had cot been shows to exlet any 1
there, lu tracing tbra down, we come to the materl.il !
olr.t of tbe inquiry, and th? que?t!on is, what Is the '
attrpretatlon which the common law puts on the
c,t and fact of adultery and murder. The learned gentle- '
rian (Mr. Stanton) ea d the common law of Maryland con- 1
tits of the maxims which have received general approba '
ion. and euiU-d to tho manners, habits, customs, aad '
jagce cf the people. Undoubtedly. Ttieae maxims now !
ocititute the common law of thia District. The law as to
nurder was suitod to tho manners of tho people at the 1
me tbey coir nized Maryland, and from whom we have '
rceivm H. miii principle win ap;>iy lo new cue* as 1
bey arise, and Uierein consists the peculiar merit of com- 1
noii law over the civil law as our system or code. The
ntltman says the doctiine for whto!i we contend made 1
ts iliet appearance in Manning's oaae, and by dint or
(petition by Hale, Rant, RubboH, and other commentators
in tbe common law of England and this country,
iaa beretofcre been acknowledged and unquestioned.
Could any higher compliment bo paid? If it has received
ibe approbation of Uiese judicial experts, could It be prented
to your Honor in a garb to entitle it more to your
jonsideratlon and reverencc? M.inning's case, it Is said,
was decidcd under Charles Second, and that it is the llrst
recorded case where punishment of adultery, whether or
Dot the oflender was caught in the act, Is to be foun 1 In
Ihc Kngllsli books, aud thai the new law was made then
tod there for the Hint time. 1 this most gravely dispute.
I think I can show to the satisfaction of the Court that, instead
of this bting a now law, it was in mcrcy and allovi?tiou
.of law, eo far aJT it is universally regarded aud
^lusiaerod by the tagca of the common Uw. I lay
flown as a rule of common law, which has boen ro
recognized In Manning s ease, lull under no circumstances
was murder to be alleviated to manslaughter, except
there was an act of assault made on a nun's person or
property, and especially bo where the slayer
might resort to the use of a deadly weapon.
Bui there is not a solitary case beforo Manning's time
where the f.layer resorted to a deadly we?pon, e\cc,it
where an KMault had been committed on his person or
property, that the offence huu boen reduced from murder
io maimlavghtcr. The reason why this question was uc
tor btfen reported in the books is, that up to the (irno of
Henry VIII. there was no distinction beiween murder and
mam laughter, lioth wore clerglable ofTenciS, and up I'J
the tiro* of Charles II. no ca<?e came beforo a court for
idjudication. What did tbo common law say to the
ImtDAfc ?hn <lpn(r><! thrt nr!nr.inlA 9 Thnl tachntr a.n/4
strU tly it was a case of murder, although tho party was
caught In the act. But the i nmjnon law undoubtedly
meant to alleviate from murder to manslaughter in coses
at asrault on persons tnd property. Twisden, in adopting
ths rule, alleviated to this extent, and to that extent it lias
been reeognixed In the common law. The learned gentlemen
on the other Ride mistake when they say tnis rule
with regard to adultery had its origin in a corrupt ago.
Not only was a merciful interpretation given to the
principle, but it was earriod still farther, because
the Judge ordered the punishmeut of
Mauling to be administered gently. It is no',
rny purpose to defend the English judiciary, but
[ do say that tho history of the Knglish people shows that
its judiciary has been their great bulwark. The juiliclary
there established, with a solitary exception which
starts up here at-d there In its iniquity, has Btood for conlurlee,
as it were, like an Ararat of tho Deluge, the la?t
point that was submerged beneath the waves of tyranny
and corruption, being the first that lifted itself in the light
3t day. A material question is whether the rule then and
there adopted has been contormed to by subioqueut interpretation.
Tho prosecution has challenged tho other
tide to show a solitary English ease where it wop questioned.
The reports which have come to us show that
where tliey have come up for judicial mtorprotv
tlon. the eame doctrines announced by Reynolds
in nls reports, have been approved; that before
a learned and humane bench in 1445, when
in analogous case came up. the rule was approved.
He referred to Fisher's case: also to that of Kelly, where
the same bench unounned the same do:triuc; also, to
Pierce's case, where Rolfe announced the same doctrine.
If it be so heinous a doctrin?, so repjgnant to the human
Mart. the learned, able and bumanejndgo would not have
travelled out of bis way to give it his express approbation;
although in the case ofa courtesan, the learned judge
went further In his opinion, and said "1 would bo false to
my duty were I not to say, even if the party were a wife,
tnd should have committed adultery and been slain by
tier husband, it would have been murder." Other auttao itios
have already been referred to, which havo occurred
n the judicial experience of American courts, and two
nartirailnrlv in North CTarnHna. vol. ft ItmIaII. a.r?<l
rol. 8 J >nes. One of the learned gentlemen deniod the
ipplic&tion of the case in vol. 8 IrodoU, bomuso
t was the case of a slave. In carefully realng,
however, it will bo socn the learned jadgo
lots not put the law on any such footing
Whatever the peculiar relations growing out of slavory, it
lid not, in his opinion, alToct the merits of the case. It
itood on a distinct principle, and was trealod as standing
m the principle ot husband aud w Jo, and this law Is thero
let down witb clearness and faithfulness. . Tho cue of
tones was not liable to tho objection. He says there was
svldence of deliberation and express malioe. What was
he evidence of express malice In that casef In that caae
ihe time occupied for deliberation la stated to be only
iweniy-llve miuutes; nay more?the nun bad gone off
with his *it> and in his company about the tnpo. Tliero
h id been r<-r< -itr.! acts of adultery, and the hasband was
smarting unier the wrong and outrage. After see.ng his
wife go off with the aiu'teror, bo pursued him with
wooden mallet acd then ar.d there slew him. I ask whoIher
the case, a* put here by the defence, so far as deliberation
is concerned, goes lar beyond the case of Jones ?
It is admitted by the othir side that the provocation
existed In the prisoner's mind longer thin twenty Ave !
minutes, or tbtit number of hours; and so far, therefore, I
m prcof of deliberation is concerned, the present case !
pr. Bijits features which would justify the judgment of the I
aw fwlMnounced in that spirit more fully than the facts
n this case would warrant. Another rasa has been !
luoted once or twice?Byon's case in 2d Wheeler. There is 1
lot one single principle of law as announced by the Judge I
hat is disputed by this prosecution, and when he (Mr. I
,'uld) should have the privilege of seeing the book he
fonM (bow the court that the Judge distinctly pnt the j
:a?e on the true andilentical privilege claimed by the i
ircsecntion in this case. The District Attorney ro- |
icwcd his argument on the instructions prayed
or. He Mad been endeavoring to show, he said, j
l>at the rule adopted In Manning's case was not a !
iglitcning of the principles of the common law, but wis I
atbrr in. the nature of an alleviation than otherwise, i
lie doctrine had never gone further than that bo act of
usuit or contumely, and no trespass on property, would
I'.stifjr the slayer in taking the life of tho trespasser,
nd would not reduce tho crime from murder to
manslaughter. The determination of the bench in llanicg's
case was In consonance with the principles of com
iiuu m>w, ivug u*H?u.i"nnj, an nuuiiury was u n an assault
n the person of the burband, bat wm only combined of
be two provocations of insult and trespass. Then to reard
the eonetruction of the law as understood at that
Ime would hive convicted the party of murder,
"ho law then for the first time doclarod th.it
dultcry was stick a provocation as would re
uit the homiciie from murder to manslaughter,
rem .Rat tiu.e to this the law had never gone further,
t would b \rry ':nwi?e for coirts of justice to relax that
ule. It woulii .ivcriurn tr.e /'findples of common law in
egard to murder. an l woulc establish the principle that .
man could kill aootQcr from motives of revenge. Brides,
it cooid not be restricted to tho single crime of
dulterv. but would alio nave to extend to tho
ate of the defan?tion of a man's wife; the priniple
that won Id allow one, would necessarily
mlirace the other. He referred to Blackstone,
there it is laid down that no insult constitutes a juMldciion
for homicide. No spcci'8 of cont imcly, no species of
lere trespass, and no romb'.uation of the two, had been
nc gr.'zed, m either ancient or modern times, as an alle- <
latum of ibe crime of murder to rrnnslaigh'.or. He
efcrred to the ca?c of Smith, tried in 1804. wh'.re a man
hot another who was representing a gbo-n The jury
r ought in a vcrdict of manslaughter, but the Court (
inured to receive the verd;t, and the Jury
etired again and brought in a verdict of guilty,
hese principles u.id l>een uniformly recognized and adoptd
in this contitry. He referred to the caw of Rvao,
rroml Wheeler, 447; and rc-ajiitnluted the circumstances
f that rase ?nd tBe rulings or the Court; the law there
?id down was the law which the prosecmon hero recog
iMd and the law by which they were ready to stand. If
lie theory of the defence were true that adultery was a
listiflcation of homicide, as well as provocation, how
ould the learned .Tuilge, in Ryan's case, hive skid that the
tr:umsunces there might constitute the crime of murder
ir might constitute the crime of man (laughter. There
ran an entire uniformity of judicial Interpretation pinning
hrough all the cases reporteJ. In tho easo of Jarboe the
inestion was distinctly propounded to his Honor, whether,
r the deceased had seduced tho prisoner's sister anil comDltted
all the turpitude charged in the case. It constituted
ither provocation or justification; and bis Honor had deeded
that it amounted to neither In the two Virginia ,
as?s?Buyer's and Hoyt's, cited yesterday?Uicre was
10 trial before a Judge
Mr. Magrnder?IMore flvs magistrates.
Judge?Ibey were tried before au examining court.
District Attorney?They were not to bo controlled in
hi* tiy the ipte dint of a mag'strate a r.mrl, compoa'-d
irobably of men who know nothing about law. In Single- !
on Morcer's rase the whole energies of the defence were
irectod to the solitary ami exclusive Issue of insanity.
0 It w.ik in Smith's o.wo ln',Pbil&di>1ph'.a. As to Stump *,
n Maryland, ne did not kno? what tho facU were; but If
udge !/>(.:r<iuil there decided that adultery constituted
itlier Justification or legal provocation, except where the
*rtii s arc caught in the act, he would like to see such dele
ion. .
Mr. Magruder? The jury so held.
liiatr.ct Attorney?it waa argued here that the deenaaed i
"? virtually killed in the act or adultery, and that, thero
>re, the homicide was committed op legal provocation.
d the case* cited to support that theory the <|'teatlon i
ras what constituted proof of adaltery Ont the queeion
here was not what constituted proof of adaltery,
ut what constitute 1 proof of " finding" in the act or
dohcry. There could not be any proximate fact with
rgard to that?there was but one method of proving it.
l>o proof mukt be that the party waa " found, caught,
nrpriied" In the act of adultery. The waving of the
ondkcrchUT and the occupation of the house In Fifteenth
In e Jmight tend to show that In this case adultery was
mom.tied, but they did not tend to ahow that the pirtlea
rcre "found' In the art. If they were, then the law says
ie homicide may be reduced to manslaughter; but if the
nsband pursue the adulterer and slay him ont of re
1 nge it is murder. The very phraseology of the rule
tiowed that it waa not intended to apply to the proximate
u is, but as to whether the party waa round in the act.
tie counsel for tho defence had contended that even if Uie
nre had consented still the adaltery was rorclble. lie ask
il then, and be asked now, whether. IT that were so, the
isttnction between rape and seduction was not oblitetted.
If forcible It waa rape, and if rape, then tlie
.... hmi ?!?! all their thanter. for Philln ihn.aih_
ii|(ht h?*? b??n tniltct<yl by tha tlruM Jury and
iilh <*>n(tl*n punl*lirn?lnt He unlcmood why th? ia,ncn
h?rf ') h a theory Thfy know th?t >mft.r?
imrty witf in 'iging ? deadly wotpon the iurr?piHir
mn?t h??c iiw><1 actual tmr?, vtherwiar the klfl\f
?(milil h? ?inrr???t?i mnrdar. Hencp, thr rouoI
for the dMen'-* had striven In dhow that erory
it of adultery *?? ne?-???nrlly an net nf fore*,
hut, b??< .er nail ne,tii?r low dot eoniiwiD etaiw;U)?r?
ru no foondatlon for neh a theory to nature, la moral*
ir in law. It bia beea act ay by the otber aide, that
xlulUry was malum in $e, and that the protection of *
>yht waa never an act of lawleaa violence. He ht^i tomrrer,
that the part* 14 lfnttw} t>? U? V> joist that dew
of deTenoe of hla r)(h> whicm Iha law girsa him, and
int to follow kki " v>.
.... ? own ptUifclOOS BQU BBBirW. 11 10 UIC riju?
'( I Tedtlor to bare hi* debt .paid to him by his debtor,
>nt it doe* not follow that he has the right to take the law
uto hi* own hands and commit an assault and battery rm
ill debtor. The law UmlU the retorts which a man had
or the defenoe and maintenance of hit rights. The lasfr
nound which the defence assumed waa that th is case stood
in the great doctrine of self defenoe. Self defenoe,.
igainit wbatf Did the principle of self defence
ipply to a past transaction In any tense? Such
i theory excluded all the past and all the prerocatioi,
and stood upon the right which the injured
tiu?band l>at! lo protect ltunself la the future. Once the
injury is oMiFumma'.ed against a man his rights of solf detruce
are ended, fbe law of self defoiioe never, therefore,
applies to a past transaction, und cau never be coufountiea
with the law of vengeance. Were that doctrine proparly
applied, hln Honor nad decided that it was not material
to svow that there was actual (lunger, but that the party
supposed there was. To extend that principle to this case
It would follow th.it whether tlio adultery waa ever committed
or not, provided the I reared husband supposed it
was, then, if he sullied out aud shot the person
who he stippcHed had Injured him he would to Justified.
That, said the District Attorney could not be law?
society could not exist on any Euch basis, aad human
civilization wou'd bo an Impossibility. It would follow ae
un inevitable cocsequoncc from this where the prosecution
candot go into the antecedents of the party, that the
prisoner himsoli mav be sUinml with corriu.L.nn that
throughout the whole course of his lifo bu may have
proved blmpclf totally regardless or too calls of duty, ??mI
insensible of conjugal proprieties; that, to use the language
of my associate, though I do not mean to apply tt
to this lane, be may have neon bred m brothels,
Day, that he may have o(Tero>l hi? own wife for price to
the veiy man whom be sltw, anil that all tills cunaot he
given In evidence before the Court and jury; but that,
under these circumstances, although ho may have committed
an act of homicide, he i? to be juitlB' I on the
ground of suspicion. All these doctrlneE, these abominations,
flow necessarily from the doctrine of solfdoftnce,
as sovglit to bo applied to Usih cuoc. On this point of oltdefcoce
bo would refer his Honor to tbo cue of the People
agniDEt Shorter, A Harbour, 400
Mr. Brady?JTtat has been overruled by tho Court oi
Appeals of New York, reported In 2d Corn stock.
Ibe District Attorney would ref jr to ad Coma too It to mo
how far it overruled tho case in Barbour. He referred to
thcie authorities, and also the case of the People against
Doe, 1st Man Ling'a Michigan Report*. Waj there, ha
atked, :iny dimgcr of bodily harm to P.uuel E. Sickles
at the bands of Philip Barton Key at the time
of Ibe homicide ? If not, be put It to his lienor
aDd tho Jury that the principle of self defence could not
apply. Nay more, if Mr. .Sickle* believed that Mr. Key
mas then ard there proceeding to his house for the jurposo
of committing felony, much It as a misdemeanor, the
principle of self defence could not apply as a justification.
It bad been Slid by the defence that unless their doctrine
was announced by tbis Court and sustained by this jury,
tho doors of tlie people of this District would have to be
eloped. Standing hero, said bo, not at a public prosecutor,
but as a inrivate citizen, t, on the part of the people
of tbis District, denounce the doctrine that the protec
lion oi IDO mie or aaugntore virtue is to be
found in the husband'* or the brother's revolver.
It may do for other countries, for other climes, and for
other religion*, where the la* of l'oroe, as applied to woman,
is carried out in u!' ta violtnco and wrung. But io
a Christian conn mnity, where woman is enuobied, anrt
dignified, and elevated by Christian law and Christian
rule, the true and tbo only projection to female chastity is
tu bo found in the woman's own virtue and iu her own
character. Stronger than bars and bolts, the flash
of woman's virtue iB as quick as God's lightning,
anil as sure. Far more effectual is it for
Eilcncing seducers or revellers in licentiousness than Deringer
or revolver. Every pure woman, necessarily and
by tbe gift of Cod, In Christian communities, carries Loat
weapon along with her. There .s no soducer, no villain,
I caro not from whenoe he comcs, or how he may have
trained himself in the ar a of seduction, who cau resist the
phowing of that weapon for one solitary instant. I thank:
God that tbe matrons and maids of oar land have a surer
protection than tbe pistol or the bowie knife. Sad indeed
would be their fate if it were not so. If it were so, one
half of this whole community would not use a weapon, and
the other half would use it wrongfully and improperly. Too
spirit of virtue which God had implanted in the woman's
heart tills her, as if by the (lash of lightning, what are
the intentions towards nor of a man, whether honorable
or dishonorable; and she has but to use for OM moment
this gift, which God in his benevolence and bounty has
given to her, for tho purpose of silencing and stilling, not
in death but in shatno to the proposer, every offer that
would imply the slightest touch of contamination or of
Insult. It is found everywhere. It is a circle
of fflor v which adorns tho female brev.
and Fhoils Its blessed and happy light alike
on hovel anil on palace. It stands there as the
protector ol the wife, though the husband may bo od
distant seas, far away from h.->nie, with his protecting
arm. It is there ready to resist at a moment, and to resitit
effectually, the advanoo of every slimy reprobate who,
under the guise wtether of friendship or of fraud, walks
into the house ot purity for tho purpose cf uelilji?
one of its mmafs The very moment you bnttg
the law of foroo for the purpose of protecting fein&.e
honor, that moment you Baciflco female honor.
If it is to be protected by the sword, tho knife and the
pistol, It is unworthy of protection. I'nleae it be that Go J
ennobling nobility, in and or ileelf, aud unless it oxtnts of
itself and for itself, It !b unworthy to be cbnrisned or
kcown. The history of tho world has shown that to be
true. Oo back as far as you please and trace history
from the earliest dates down to the preaent '.i^oo?
examine all eras and all jiooples?anil I b?v that
it stands out on the pages of history, at all times and
throughout each one of its lustres, as the died and recorded
truth, that wherever woman has been left alone
to the vindication of her own virtue, and wherever raao
has kept the contaminating hand of violence from kcr,
for the pnrpcfe oven of protecting lur, she has risen m
ber purity. (Jod ennobled and self vindicated. The great
(iod of neuven lias inid his hand with consecration
on the fair bead of virtue, and wh sa
tho vlrtaous womnu ceascs to be her own protector anti
her own guardian, by force of the power which (tod baa
given to her, she nod her virtne both sink into djst.
and in its stead rises the crest of murder and violence,
and of wrong, and of debauchery. The ieirnei gentleman
(Mr. Stanton) said that when tho law does not
or cannot give redress, it is left to natural right.
It is not necepsary to rebut this position, although we
think it could be successfully. It certainly gtvee no right
of vengeance. In fourth book of Blackstoue pago 0, tho
doctrine on which the defence seems to rest is utterly exploded
by this commentator. Tho theory of law is not
contradicted, tb?t evor v m.in is presumed to consent to the
laws of society, which are made in behalf of society.
The law punishes murder, out n la said it does not properly
punish adultery; and therefore,a' man may say I ua
remitted to my original rights for punishing wbers the law
docR uot inflict punishment. This Is manifestly an absurdity.
According to the first theory, It is man's duty to
acquiesce in such laws as are positively mode. There
is a positive law of this community with regard to murder,
and according to all rational theory this prisoner
bos assented, or is s-npposed to have assented, to that enactment.
He is prohibited from committing murder, aid
although tbc law might not have a Bpeclfl: punishment for
adultery, help not, therefore, privileged to supply neb
a defect. Although be may have a right to punish,
be hau no right to violate another provision ; if b*
does, be becomes a wrongdoer. Although he may
have a right to redrew a wrong, yet ne
has no right to redress it by an infraction of tbo
human compact into which he has entered. Ho having
endeavored to nnswer tbo arguments of Mr. Stanton, tbe
I)i!tilet Attorney proceeded to novice those of Mr. Brady.
Me understood him as contending that the jury are tbc
judges of ,tbe law as well as tho facts. But tbo
administration of tbe law Is divide J into three
different compartments. Tbc Judge has bis fe.notions,
the jury have their functions and the Executive
his, who wears tbe glwiit jwtitin. 11
he (Mr. Odd) bad read tbe law aright It was for the Oo irt
to pats on all questions of law. It was for tbo jury to page
on all tho questions of fact, and the duty of the Mte:nt:ve,
under the constitution of the United States, k> docide oc
the propriety of Indicting tho punishment. Tbe*i
functions are separate nnd distinct, aud wh?
one trenches on the other, a usurpation le
committed. The Court has not only to decldo the qusslioc
nf law, but all the law which b, longs to tbc ease. It mule
no matter whether it be criminal or civil law. the very
moment It becomes a question of law it became the Court
to decide It. It becomes the jury to find tho facta iud to
apply tbe law as it is laid down by tbe Court. A qti<?lion
of Justification, malice or provocation, Is a m*Uer ol
law, and cooling time Is question of law; and in thj connection
he combattcd the arguments of the def<?ce, au>!
juii'M uu i wuif i? B mrovui i ncjiui , UKI (.^uiimmwMiin I
t?. Moceler, and various other authorities, in supnort I
r>f hi* position. Ho also quoted authority which,' he I
aid, wan recognized an controlling in this District,
from 6tli Crancb, in which was embodied the remark
of Judge Story: "That it in the duty cf t'no
Court to instruct the Jury an to the law, and ttie
duty of the Jury to follow the law thus laid down.
The District Attorney hod stated what are the
rnnc'tons of the Court ami Jury. In addition, !oe conitliutlon
of the United Stains has Imposed on the President
a certain duty topr rform, In connection with th? adminnLration
of public Justice, namely?the pardoning power.
This, by the true policy of the law, Is given to tb. Obie:
MnKisUratc for Ibe express purpose of keeping tho Court
within its functions, and the Jury within theirs, a'ac w tb
the view of preventing gross and aggravated
Ilec fiom being perpetrated on a pirty under form
of law." As the circumstmffes of this eise i,.1
been referred to by the dcfBnce, he would say, n
reply, a pistol was found. Flis loarncd and di??.c- i
iniKbed friend (Mr. Brady) inquired, to whom did it belong
and who used lit He (Mr. Ould) should not preten I |
to give the answer; he would let the witnesses speak
Hi. Van Wick said bo Raw a pistol in tho hand <1 !
Mr. Sickles. Mr. Read, tbe clearest wline s. wb^sc
statement seemed the most coherent, said he saw a ?
pistol In Mr. Sickles' hand at tho very upot; and fnr- I
iher, that no pistol ww in the hand of Mr. Key at tbe
lime. Not only had Mr. Key no pistol at Una lime,1
but he bad none at any time. Not a soltary wit- .
b?ms bad staled any pretonoe of the fact. Wbn. i
ibee, bad Ibe pistol, and wbo Sred Itv To whom dkl
It belong. It must have been the man wbo wm seen to 1
bavn a pistol, and not blm who had none at all. ln<l I
in the nmie connection It *u naked why not produce ,
* itncBicH to prove that Mr. Key wan not In the habit of .
folng armed? Wa* It Incumbent on the foiled Htaiea to J
(how that be was not In the habit of going itrmed when )
there was no pretence that he wa* armed at all I I
Mr. Brady?You have not forgotten that wo offered to .
ibow that Mr. Key said ho wa* prepared for any omergen- *
y. at the same time placing hta hand on the bre*?t pocket'
if hi* coat ,
IMsUrlct Attorney?I am speaking of the testimony In the I
aae. nia Honor a ruling waa that that did not rfhed any
ight on the question, and we* Immaterial
Mr. Brady?But I understand you now to ?*y that ther#
a no pretonoe that Mr. Key wan armed. I pretend thai
! waa armed.
The Irtstrlct AtKwnoy exjAained that he spoke only
tf Uie testimony : but If the gentlemen wanted to gl**
Ttdenoe to the Jury to ahow who nsed that pistol,
why did not the defence summon Mr. Ilntterworth? Th?
lefanoe complained that Uic prosecution did not proInce
tl>s Wends of Mr. Key to tlrr the nesntlve oro<i?
ibkt U?e dkl not rmtry *rm? but *rhy
lid not U* Ucfcufo molf pro locc that frloud of Mr dig. m <