you have placed me. You still persist in the idea that I am following the advice of my friends, in opposition to my own judgment. Believe me, you are misjudging them and me. Do not shut your eyes any longer to the truth, for in doing so, you have already wrecked us both. You cannot but recall the dreadful misgivings of my heart, before our marriage, and how I entreated you to listen to me, and to release me, for I longed to go home; yet, after all that has befallen me, you still speak as if you had the entire conviction, that I was truly and deeply attached to you. Oh, Gonsalve! you could never have been in doubt of the reason of my consenting, during those dreadful days at Vevay, to become your wife; for it was obvious to all around, and I never sought to deceive you on the subject, but truly believed you estimated the sacrifice, was aware of the motive and appreciated it, and knew, but too well, I considered it my duty to sacrifice to you and your happiness, the first wish of my heart, which longed to return to my friends and to my country. I did it, I acknowledge, in full faith that you would always consult my feelings and wishes, and that my future fate would always be guarded by you, before all other interests. But, oh, Gonsalve! how my heart aches when I recall the weeks passed at Hauteville, and the rest of my married life in Europe; the promises broken, the hopes of happiness, one after another totally extinguished! I was a stranger and relied upon you for support, protection, kindness and aid. I needed a gentle friend, who could estimate and respect my feelings! Endeavour, Gonsalve, coolly to examine your conduct, and then ask your own heart, have you fulfilled your duty? have you faithfully protected me? have you cherished and assisted me in time of need? have you guarded and defended me? or have you, in any way, promoted my happiness? And then reflect upon the part you have taken, since your arrival in America. Without even informing me you were here, you first applied to a lawyer, and with him by your side, and having expressed a determination to pursue me to the extent of what the law could do, you called at my father's door and inquired for me; and with no promise for the future, no repeal of the hard terms laid down for me, in your letter to my father, endeavoured, by epithets alone of affection, to induce me to return with you. Why did you refuse an interview with my sister, when she personally entreated? Why not see a friend of my father's, when he called on you? But I have dwelt sufficiently, in other letters, upon the wrongs I have endured; I wish to dwell on them no more, for they have never been listened to or regarded. I no longer wish to blame you or your friends, for the injudicious part that either of you have acted towards me, and by which I must suffer so deeply; but I call upon you, now, to listen to the dreadful destiny I must forever, in this world, struggle against, and to remember that you have brought it upon me. The arrow has passed through my heart, and I am so unfortunate as to have no longer, there, a feeling towards you which would induce me, according to my conscience, either before God or the world, to live with you again as your wife. Alas, Gonsalve! it is but too true: believe it, for I would not deceive you; I only beg you to view your position and my own as they really are, and deceive yourself no more. After telling you the true state of my feelings, I am confident you would, no longer, wish me to return with you; but I ask-I implore you! to leave me my child! during its infancy, when even you must acknowledge its mother. is its natural protector. The law may be on your side, for I know nothing of these matters, but ah, Gonsalve! there are other laws than the laws of man, and in the quiet stillness of your own chamber, consult the laws of your God! Would he counsel you to tear your child from the arms of its mother? Would he counsel you thus to persecute an unfortunate being, whom, in following the path of her duty, you pursue with unrelenting zeal-tell you to consign her, in the spring-time of her life, to rest in an early grave? No, Gonsalve! You never can do this before your Almighty Father! You would never know the semblance of happiness again. Listen, I entreat you, to some compromise, that can be made for us by your friends in New York, Mr. de Rham and Mr. Robinson, whom I believe to be just and honourable; do not reject every amicable overture; think again of my youth and feeble health; think that you have forced me to fly, like a hunted felon, from my father's house, and in your own heart, if you ever had a feeling for me, let it intercede. I will watch over the early youth of your child, and return it to you with as good, as moral and as religious feelings as you could instil into its mind in Switzerland. I will send it to you when it no longer requires a mother's care, and can profit by an European education. My father, if permitted to become attached to it, by its residence here, will provide for it the advantages of wealth, and probably more than you can possibly expect for it yourself. Listen then to his offers for its future benefit; you may reject them if you will and thereby deprive your child of fortune. But listen to them, at least, and then take the responsibility of what your child may accuse you of hereafter. Remember, you are accountable to your final Judge for the sufferings you occasion. Arbitrary and artificial rights will not weigh in the balance against humanity and mercy, before Him. Think again, Gonsalve, of all I have endured through your means; let me entreat you to reflect upon what I have written, and as a man, a christian, and as a father, pause before you act, and consent to a meeting of our mutual friends. I will pray to God, your future fate may be less dreadful than my own! "ELLEN SEARS D'HAUTEVILLE." Reed. Before this paper was read we objected to its form: the intrinsic character of the document is as novel as its form. It is wholly argumentative, and contains many detached extracts of letters. We ask time to prepare a reply. Cadwalader. The request is but reasonable. Barton, P. J. We anticipated it, and comply with the counsel's wishes. How much time is required? Ingersoll. The document, though very good in its kind, for one fact contains one hundred arguments, and clearly opens the door for a new suggestion. It has none of the features of pleading, of which the proceedings on Habeas Corpus are entirely insusceptible: certainly the opposite counsel have treated them as if they were. We shall require more than a day or two to meet it fairly. Cadwalader. Before the order of the court is announced, we should be glad of a suggestion from the bench, of the form to be taken by our subsequent proceedings. Our friends may have as much time as is desired, but we think some understanding as to the future necessary. We cannot go on playing thus at battle-door and shuttle-cock. They should either traverse, or ask leave to introduce new matter, on special grounds and particular subjects. Looking a little further back, they will see whence the necessity for argument arose. Reed. From the return. Cadwalader. We won't dispute about that. Unless the suggestion had contained new matter, there had been no substratum for a response. The actor's suggestion must always be short in comparison to the answers thereto: so it is in all pleadings. An issue of law is already joined, and, without wishing to exclude any document from the record, we suggest that, on a day fixed, we argue that. The decision of it may save much public time. Afterwards the counsel for the relator may have as much time as they wish. We have several witnesses in this city summoned from Boston, and detained at great inconvenience. May we not, independently of the pleadings, argue the question whether the causes of separation are to be gone into? We propose that it be understood, that we have a right, when we meet, to move the discussion of that question, as on a demurrer made ore tenus. We give notice that we intend to make such a motion. Ingersoll. Had the respondent thought it advisable, she might have confined herself, in her return, to that issue, or demurred to what we consider a proper position. But her counsel, after putting in a whole volume of argument on a different issue, wish to arrest the proceedings before we can reply. We certainly have a right under our act of Assembly, to measure our suggestions by their returns. Not wishing to introduce any thing new, we may require that the former shall be allowed to advance pari passu with the latter. The time to be allowed is the only thing now in question. At least two or three weeks will be necessary to do justice to our clients, in a manner respectful to your Honours. The document prepared will be strictly a suggestion, brought out by the matter and manner of the amended return. Cadwalader. We make no objection to the request for two or three weeks, but respectfully ask to be permitted to come to what, from the first, we have said was the true issue. All others the return expressly disclaims: if offered, they have come from the relator. He has brought forward the subject of the causes of the separation, and though willing to meet it in its proper place, we relinquish our right to no objection that the law gives. We repeat our notice that we shall move for argument on the issue proposed. Barton, P. J. The only matter now before the court is the question of time. These papers offer at present no distinct issue. We give no opinion as to the argumentative character of that last filed: it certainly contains much new matter, to which the relator may of right reply. We must express the hope that no new matter will be hereafter introduced. Meredith objected to the allowance of so long a time as two or three weeks, on the ground of public convenience. Scott. If weeks and months are given to the consideration of ques tions of mere property, why should not an equal time be devoted to this case of immeasurably greater importance? The relator, far from the comforts and friends of home, detained in a land of strangers, is really the only sufferer by delay: when he asks it no one should object. I do not think the courts of the country can be better employed than in the consideration of questions so interesting and important as this. Barton, P. J. We will fix Monday, the 17th of August. MONDAY, AUGust 3d. Ingersoll applied for an extension of the time given to the relator. His counsel found it would be impossible to prepare their reply within that already allotted. All the papers referred to in the amended return had not yet, he believed, been filed. Cadwalader. Though the papers alluded to have not been formally appended, an arrangement satisfactory to Mr. Reed has been made respecting them. I do not like to object to the allowance of full time, but would suggest the appointment of a day prior to the commencement of the September term of this and the other courts. At Mr. Cadwalader's suggestion, the court sent for Mr. Meredith, who, he thought, might object. The latter was not to be found. Cadwalader. In addition to the reason already given, for wishing an early day, I frankly say, that I think the case is not one for which great publicity is desirable, and that, therefore, it would be better to proceed, before the commencement of the regular business of the term. After some further discussion, an enlargement of the time until August 31st, was granted. MONDAY, AUGUST 31st. Conrad, J. Announced that Judge Barton had been unavoidably detained at Lancaster, and that the case must be postponed until WEDNESDAY, SEPTEMBER 2d: Cadwalader asked leave to read and file an additional return on behalf of the respondent, Ellen Sears Grand d'Hauteville, which it had been impossible to prepare sooner, because certain papers had not been received from Boston. Leave was granted. ADDITIONAL RETURN. Commonwealth, on the relation] of Paul Daniel Gonsalve Grand | Habeas Corpus for the body of d'Hauteville. VS. Ellen Sears Grand d'Hauteville. Frederick Sears Grand d'Hauteville. The said Ellen, referring to that part of her return, in which reference is made to the name given to the said Frederick, and to the church in which he was baptized, prays leave to add thereto, and to make known. to the Court, that there is, in the city of Boston, a public Registry of Births, in which the names of all children, born in said city, are, or by law ought to be recorded; that the birth and name of the said Frederick are there entered in a record which is in the following words, to wit:"Frederick Sears, son of Paul Daniel Gonsalve Grand d'Hauteville, Commune of St. Legier et la Chiésay, Canton de Vaud, Switzerland, and Ellen Sears Grand d'Hauteville, his wife, at the mansion of David Sears, in Boston, born 27th September, 1838." That after said name was so registered, on the 8th of October, 1838, her father addressed to the same Monsieur Couvreu, named in the proceedings already filed of record, a letter, of which the following is a copy, with a correct translation thereof subjoined. "Boston, 8 Octobre, 1838. "J'ai honeur de vous annonçer, mon cher monsieur, et je vous prie de vouloir bien avoir le bonté de faire passer la nouvelle à Monsieur Gonsalve Grand d'Hauteville, à sa famille, et à nos amis, que Madame Ellen d'Hauteville etait heureusement accouchée d'un fils, le 27 Septembre dernier, chez moi, et que la mère et l'enfant se portent bien. "La naissance de l'enfant a été régistrée sous le nom de Frederick, joint aux noms de ses parents, dans les archives publiques, de la ville de Boston, et la ceremonie de son baptême aura lieu à notre église Protestante de St. Paul au courant du mois, ou aussitôt que la santé de la mêre sera suffisament rétablie. "Avec beaucoup de respect, j'ai l'honneur "DD. SEARS." "A. Monsieur Couvreu, "Syndic de Vevay, Suisse." Translation. "Boston, 8th October, 1838. "I have the honour to announce to you, my dear sir, and I beg that you will have the goodness to communicate the intelligence to Mr. Gonsalve d'Hauteville, to his family, and to our friends, that Madame Ellen d'Hauteville was happily delivered of a son, on the 27th of last September, at my house, and that the mother and child are well. "The birth of the child has been registered under the name of Frederick, united to that of its parents, in the public archives of the city of Boston, and the ceremony of its baptism will take place, in our Protestant Church of St. Paul's, in the course of this month, or as soon as the health of the mother shall have been sufficiently reestablished. "With great respect, "I have the honour to be your humble servant, "To Mr. Couvreu, That until after this letter was written, announcing that said name had been given, and was thus publicly registered, neither respondent, nor any of her family was aware of the existence, on the part of the |