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“I'll send one over,” said Sam, into the hall, which he did with a reeagerly; “ we've got lots of 'em in the proachful smile, fixed, unhappily, full hot-house."
upon Mr. Cameron, instead of his “I shall find the flower if I need daughter,—but in his confusion he was it."
unaware of the difference. “ But that's three more days! I “Why, Elizabeth, what's the matter shan't know whether I'm standing on
with Mr. Grizzle ? Does he mean that my head or my heels by that time. he has commenced an old-fashioned Why not say—" but Miss Cameron had course of sparking, by giving your burst into full song, and his plea was parents permission to retire ?" unheeded.
Mr. Cameron was laughing heartily. As soon as she had concluded, she Lissa kissed him and her mother quickarose and remained standing, and Sam ly, and ran up-stairs to avoid further had nothing to do but to bow himself questioning.
(To be continued.)
THE ROMANCE OF THE GREAT GAINES CASE.
A LIFE-TIME LAWSUIT,
“WHEN, hereafter, some distinguished antagonistic opinions. It had been deAmerican lawyer shall retire from his cided upon the same issues of fact, by practice to write the hi ry of his
the same bench of judges, in the light country's jurisprudence, this case will be of substantially the same testimony, in registered by him as the most remark- precisely opposite directions. able in the records of its courts."
One woman had been the moving spirit So said the Supreme Court of the of all this litigation. United States, speaking in the person Her suit was a most audacious one. of Associate-Justice Wayne, when in She attacked that most sensitive, most 1860, for the sixth time, it decided upon carefully-guarded interest, the possession an issue in the famous case of Myra of real property, and threatened in her Clark Gaines.
efforts the overthrow of all that was Justice Wayne's language was judi- stable in the ideas of law and custom, cially careful. The subject of his refer- in respect to it. Her claim was for ence justified him in terming it the houses, lands, and human property, "most remarkable" in all the records which had passed into the hands of of American courts. When he thus hundreds of different owners. Their spoke, it had been for twenty-six years
title could be traced back for years prethreading the tortuous path of the law. vious to the commencement of this suit, Commenced in 1834, it had been in without a blemish of irregularity. It every Court of Louisiana, and six times had come through dozens of hands, all in the Supreme Court of the United of whom had bought and sold in perfect States. It had at tiines been represented good faith, and without the shadow of by the ablest counsel in the country, suspicion. and at other times by no counsel at all. It was the one woman against five It had enlisted on one side romantic hundred men, and sympathetic enthusiasm, and on the It was one resolute claim for Abstract other had incurred the opposition of Justice against five hundred apparent most immense and perfectly honest pri- Rights, fortified in every tradition of vate interests. It had divided the law, and every selfish interest of organCourt in the most irreconcilable and ized society.
The evidence to support the claim Among the rich men of the city in was as remarkable as the demand itself.
this stage of its existence, whose ships At the end of twenty-six years of law, were on many seas, and whose interests when Justice Wayne pronounced his were recorded in the counting-houses decision, he passed in review upon alle- of many cities, was Daniel Clark, a gations of fact running back into the shipping-merchant and a politician. last century. He inquired into the He stood at the head of his rank, & most private life of individuals, and prince among a class whose luxurious analyzed their most intimate relations, and elegant life has seldom been surin the earliest five years of the present passed. Born at Sligo, in Ireland, an century. Upon the view which the uncle in New Orleans, a bachelor-as Court took of the occurrence or other all the merchants of the city were—had wise of circumstances alleged to have invited him to come to the New World, happened in those years, depended the engage with him in business, and beresult of this case. And finally, they be- come his heir. The estate thus inheriting determined favorably to the claims ed had been boldly and skilfully manof Mrs. Gaines, her fortunes turned up- aged. Fortunate ventures had added on the established existence of a will, to it, and illegitimate as well as strictly which even she did not pretend ever proper means bad probably gone to swell had an existence after the decease of the the grand aggregate. testator, and the purport of which had This merchant-prince was a man of no other proof than the recollections, strong character, restless and far-reachafter the lapse of more than forty years, ing ambition, whose imperious will of aged and infirm persons who remem- little brooked opposition, and knew no bered hearing it read.
control except the code which a society Such were some of the features which composed of such as himself rudely the learned justice pronounced "most organized and often violently mainremarkable."
tained. Justice Wayne, in delivering Let us draw from this tangled skein the opinion of the Supreme Court, at the of real life, the thread of romance, term of 1847, described him as a man whose remote end, silvered by Time, of no ordinary character, or influence has its origin seventy years ago in an on those who were about him. His nat. atmosphere of society and under a sys- ural fitness to control became habitual, tem of government so foreign that we as his wealth and standing increased, can now scarcely realize them.
and it was exercised, and involuntarily We must go back to the commence- yielded to by all who associated or were ment of the present century, and in business with him. He was a man imagine ourselves in New Orleans, un- of high qualities, but of no rigor of virder the Spanish rule. The laws were a tue or self-control; energetic, enterpriscurious mixture of weak civil authority ing, courageous, affectionate, and generand decaying ecclesiastical control. ous, but with a pride which had yielded The Spanish possessions, in America, to no mortification until his affection were but an extra pawn upon the chess- subdued it to a sense of justice in beboard of European politics. New Or- balf of his child." leans was a true tropical city ; its popu- Such a character filled a prominent lation amalgamato om a dozen differ- place in the political and social life of ent races; its morals corrupted from as New Orleans. In 1798 he had acted as many different sources. Already it was consul on behalf of the interests of the the seat of luxury, for the great Missis- United States. When, in 1802, he vissippi rolled past its levées, then as now. ited Paris, he was treated with marked Rich princes of landed estates, wealthy respect by the French Government, merchants and extensive traders, as well which, having obtained the cession of as proud grandees of an ancien régime, Louisiana from Spain by the secret sipped sherbets under the magrolias. treaty of St. Ildefonso, was desirous of
learning its present condition and De Granges was coid, because a previous value. General Victor, on behalf of the wife, to whom he had been married in First Consul, listened respectfully, in a France, was still living. confidential audience, to the statements How and when did so startling a fact of “the merchant from New Orleans,” become known? What was the intiwhile Minister Livingston, charged by macy between Clark and Zulime when it President Jefferson with the delicate was discovered ? A multitude of sugduty of negotiating for the purchase- gestive questions arise, and must be dis"outside the Constitution"-of Louisi. missed. ana, at a price not too great for the ne- Some time in the early summer of cessitous economies of the American 1802, however, found Madame De treasury, was full of alarm and watch Granges and another sister, Madame fulness at these intimate communica- Despau, in Philadelphia. They had tions. Active, and doubtless not espe- come, says the latter lady, by way of cially scrupulous, Clark, at home, was a New York. In that city they had been perpetual thorn in the side of worthy diligently turning over old marriagebut nervous Claiborne, the first Ameri- registers in the Catholic churches, hopcan Governor, who denounced him, at ing to find the record of De Granges' one time, as secretly an enemy of the previous marriage. Nothing of the kind United States, and who was
had rewarded their search, but they quently annoyed and mortified, when in were told of a witness to the ceremony, the same year he was elected the first Gardette by name, whom they would delegate from Louisiana to the National find in Philadelphia. Hence their presCongress.
ence in the latter city. In the heated atmosphere of a society Mr. Gardette was found, and was exruled by passion, this proud chevalier plicit and satisfactory in his statements. " became acquainted, about 1802, with He had been a witness to the alleged Madame Zulime De Granges, the wife of marriage. Ile knew the wife then Monsieur Jerome, of that name. The wedded by De Granges to be still livlatter was a Frenchman by birth, a ing. “nobleman” of France, as was after- Was more proof necessary ? Appaward testified of him, but in New rently not. The wife of eight years felt Orleans, in the language of Judge convinced of her husband's perfidy. Catron, only " a humble shopkeeper.” The bond between them had been a His wife, who had married him at the guilty dishonor, not an honorable wedearly age of thirteen, was a Creole of lock. The rumors in New Orleans had rare and voluptuous beauty. They had their full confirmation. She was free. been wedded, when Clark made their At this juncture, who came upon the acquaintance, for about eight years. scene? The merchant-lover from New
The relationship that ensued between Orleans. The consequence is readily the merchant and Madame De Granges imagined. A private marriage was can better appear by the facts hereafter proposed, pressed, consented to, and recited than by a too positive and cir- according to Madame Despau, according cumstantial statement. We can hardly to the Supreme Court, the ceremony be charitable enough to disguise the was duly performed by a priest; the truth as it must subsequently appear. good Despau, M. Doisier, of Louisiana,
More than thirty years afterward and a friend of Mr. Clark, from New Madame Caillaret, the sister of Madame York, being witnesses. De Granges, made her deposition in At this point let us consider two facts behalf of her niece, the heroine of this established—the bigamy of De Granges, story. She affirmed that she knew and consequent nullity of Zulime's union Clark made to her family propositions with him; and the performance of a of marriage with Zulime," after it had legal marriage between herself and become known” that her marriage with Daniel Clark. Both these have been
decided to be facts by the Supreme declared that the wife fled from her Court. Both were, at different times, husband's companionship to conceal her vitally important in the decisions upon dishonor, and not to seek for proofs of the claims of Mrs. Gaines.
his bigamy. He accepted Mr. Coxe's But the testimony in regard to this statements that these events occurred in Philadelphia visit is not without con- 1802, and that in 1803, when Despau tradiction.
testified the wedding took place, Clark In the opinion pronounced by the was not in Philadelphia at all. Supreme Court, on the fourth appeal to Still, Mr. Coxe may readily have been it in this case—the only one decided right in his narration of circumstances, explicitly against Mrs. Gaines—Judge and wrong in his dates. Or there is Catron dwelt upon the testimony of nothing, indeed, to show that though Daniel W. Coxe. Mr. Coxe was the Madame Despau did not apparently tell business partner and personal friend of all that occurred during their Northern Daniel Clark. They seem to have been visit, what she testified to was true as congenial as well as familiar. Judge far as it went, and the wedding did Catron described them as nearly of the take place. same age,
“both proud, intelligent, and Right or wrong, it is useless now to ambitious of success, equals in rank, and speculate. Presumption must be upon intimate in their social relations as a the side of Virtue. The daughter of common interest and constant inter- Zulime has crowned her life-time strugcourse could make them."
gle with success, and part of that sucIn April or August, 1802, said Mr. cess is the vindication of her mother's Coxe in his testimony, thirty-five years fame, as well as the assertion of her own afterward, a lady came to him in Phila- despoiled rights. delphia. She presented, for introduc- More than that, her theory is the tion, a confidential letter from Mr. theory of the highest courts in the Clark. The latter in his note charged land. his friend with the performance of a We go back to New Orleans. After delicate duty. In brief, the communi- the marriage, says Madame Despau, cation stated that the lady, whom Mr. her sister and herself hurried home, on Clark thus confided to his friend's care, the receipt of intelligence that the was about to become a mother,-her French wife of De Granges had made child was his,-care for her expected her appearance, and claimed her rights. situation in the most tender and luxuri- Other witnesses afterward testified
that they remembered some scandal of The lady was Madame De Granges. this sort.
Mr. Coxe discharged the trust con- And then, it is said, De Granges was fided to him. His testimony concern- regularly prosecuted. The evidence of ing it is circumstantially full. The his bigamy was fully established. He babe was sent away to be nursed. was convicted and imprisoned. Zulime Funds for her maintenance came from had been waiting impatiently for this. her father. She was comfortably reared, No acknowledgment of her marriage had grew to womanhood, married respect- yet been published by Clark, and though ably, and afterward appeared as a party they lived in the most intimate relain interest, in one of the many phases tions, she did not occupy his house. of the “ most remarkable " Gaines case. But with the judicial proof of De
Judge Catron was the steady oppo Granges' bigamy, she anticipated her nent, as Judge Wayne was the faithful justification before the world, and her friend, of Mrs. Gaines and her claims. accession to her proper rank in society, Upon this testimony of Mr. Coxe, as as the wife of such a husband as Clark. showing the apparent motive of the Foul accident! Just at this moment, visit to Philadelphia, he dwelt with when so much of happiness depended, terrible severity in his opinion. He De Granges escaped from his prison,
Treachery inside the walls had assisted Zulime and Daniel Clark, the Myra him. The Spanish Governor, himself, CLARK GAINES of the great lawsuit, was charged with connivance. He was was born.
She was placed, immehurried down the Mississippi, placed diately after her birth, in the family of upon a ship lying in the pass, just ready Col. S. B. Davis, the brother-in-law of to sail, and fled to France, never to re- M. Boisfontaine, and spent her childturn.
hood in his household. Zulime was not acknowledged. She In these years, it would appear, she was never known to the world as the never knew her mother. It was long, wife of Daniel Clark, during his life- long after, and under very changed cirtime."
cumstances, when the infant had grown Afterward, this prosecution and con- to be a mature woman, before the viction were questioned by the oppo- mother and daughter met in recogninents of Mrs. Gaines. They produced tion. Her father she did not know as in court the record of an ecclesiastical such. Perhaps in the dim memories of court-proceeding, in which a certain her childhood there is still associated Jerome De Granges was charged with the appearance of a tall and handsome bigamy, but where the evidence failed man, who smiled upon her, kissed her, to show his guilt, and he was dis- and filled her arms with pretty presents. charged. This, they said, is the trial But beyond this fading photograph on of De Granges. It proves innocence. these delicate recollections of her earliest It proves there could have been no legal years, Myra never knew her father. marriage between Zulime and Daniel His election to Congress, in 1806, Clark, for she was already the lawful took Clark to Washington. He parted wife of a living man. It proves that from his wife, and sailed for Philadelthe claimant of this property, the child phia. Letters reached her, bringing of Daniel Clark and Zulime, was not a news of his arrival. Then communicalawful child and not an heir to her tion ceased. Zulime waited patiently, father's estate.
but no word came from him. He may All admitted that De Granges fled have written; it is said that the busifrom the country. But Judge Catron ness partners of Clark, through whom intimated that persecution by powerful his correspondence passed, suppressed and wealthy enemies drove him away. the letters to his wife, and destroyed
The decisions of the Court, however, those which she gave them to be forare written. They leave it to be in- warded to him. ferred that there was another prosecu- At any rate, the relationship between tion in the civil courts, and though the the two ceased forever. Husband and record of it was never found, upon the wife, or lover and mistress; bound in most diligent search in every depository law and purity, or led by license and of records in New Orleans, still this passion; their association dissolved, and was not conclusive against its possible was never renewed. They barely saw existence, for the official papers of the each other again, years after; and when French and Spanish Governments had they did, Zulime was the wife-truly been widely scattered and lost, upon and formally wedded-of another man ! the transfer of the Territory to the Her sisters say she was hurt" by United States.
the refusal of Clark to acknowledge her The confidential agent of Daniel as his wife. She may have felt that her Clark, in the control of several of his relation to him was a pure and proper large estates, was M. Boisfontaine, a one. Licentious New Orleans might refugee from St. Domingo, and appa- lightly regard the marriage-tie, or little rently a gentleman of culture and hon- care for its absence, but she was truly a or. His relations with Mr. Clark were wife.* intimate. In his house, in New Orleans, in July, 1805, MYRA, the daughter of * These were days of loose morality in New