A premium to H. & W. W. Greene, 112 South-st. for cotton twine, a very excellent article. A premium to the Matteawan company, for a package of beaverteens, a superior article equal to English, from the Matteawan company, Fishkill, W. B. Leonard, superintendent, by P. H. Schenck & Co. N. Y. the ladies of his family and others assembled to witness A premium to the Newburyport Hosiery company, the ceremony, and with unpremeditated, but delicate Mass. for several specimens of hose, cotton drawers and kindness, festooned over his editorial chair. The printers suspenders, from Benj. Poor & Co. agents, 161 Pearl and the military then, in numbers suited to the capacity of street. the room, entered, and partook of some slight refresh- A premium to the Rockland Manufacturing company, ment, during which several good toasts were given by Brandy wine, Delaware, for samples of cotton twist and different gentlemen The companies were then re-form-filling, from No. 70 to 105, very handsomely spun. ed, and Lafayette's March was played by the band-and the contiguity of the houses not permitting a salute intended to have been fired, the companies proceeded to the front of the theatre, and, having discharged their pieces, were dismissed, after being engaged more than six hours in a pleasant but fatiguing duty. The printers also marched to Mr. Barrett's tavern, where Mr. J. W. SANDERS was called to the chair, and resolutions unanimously adopted, reiterating the thanks of the association, already expressed by Mr. Niles, to the several military companies who had honored them with their escortalso to the several employers for their company in the procession--to Mr. Barrett for the use of his rooms for their meetings and to Mr. S. Sands for his exertions on the present occasion, and for the manner which he dis-article. charged the duties of marshal of the day for the association, as well as for the sentiments he expressed on their behalf on the delivery of the standards as directed by resolutions of their body. They then adjourned, sine die. AMERICAN INSTITUTE AT NEW YORK. The following list of premiums awarded at the late fair, for the exhibition and sale of American manufactures at New York, conveys only a partial account of the numerous and valuable products of American industry thereat displayed-but may serve to give some idea of the extent and power shewn by the American people to supply their own wants. As promised in the last REGISTER, I shall embrace some early opportunity to give my own views on this proud exhibition of the skill and perfection of my countrymen, in the various useful and ornamental arts. Premiums awarded at the fair of the American institute, held in New York, at masonic hall, October 12th, 13th, and 14th, 1830. ON COTTONS. The first premium on brown cottons, to the Scituate Manufacturing company, for a package of 7-8 brown shirting, from Fish, Alley & Lawrence, 51 Pine street, The second premium on ditto, to Joseph and Benjamin Marshall, N. Y., for a bale of printing cloth, of the N. Y. mills, Whitestown, Oneida county, Benj. S. Walcott, agent. First premium on bleached cottons to Joseph and Benjamin Marshall, for a package of shirting, handsomely done up in folds resembling Irish linen, from the N. Y. mills. Second premium on ditto, to the Union Manufacturing company, Peterboro, N. H., for a package of 7-8 shirting, Smith & Wheeler, agents, N. Y. First premium to Joseph and Benjamin Marshall, for a package of 5-4 cambrics, from the N. Y. mills. Second premium to Philip Allen, Providence, R. I. for two packages of 4-4 and 9-8 cambric muslins, manufactured by him, Hugh Auchincloss & Son, agents, N. York. First premium to Gray & Harden, N. Y., for a package of light chintz prints, a very beautiful specimen of printing, from the Eagle Print Works, Belleville, N. J. First premium to the Merrimac, Manufacturing company, Lowell, Mass. for a case of dark chintz, six colors, very rich, from Burns, Halliburton & Co. N. Y. Second premium to Gray & Harden, for a case of dark chintz prints, three colors, from the Eagle Print Works. A premium to C. M‘Lean, Utica, for an assortment of ginghams and plaid handkerchiefs, good articles and handsomely finished, Burr Wakeman, agent, N. Y. A premium to Houston & Buchanan, of Greenwich village, N. Y., for a specimen of 4-4 check, of fine quality. A premium to A. B. Walker, for nankeens, manufactured by Collett & Smith, Paterson, N. J. from nankeen colored cotton, grown in Georgia, by the hon. John Forsyth. ON SILK. First premium to the New York dying and printing establishment, Staten Island, for silk handkerchiefs, printed on foreign silks, numerous specimens done in the most superior style. Office 101 William street. Second premium to John Morrison, 168 Sixteenth street, New York, for silk handkerchiefs, printed on silk cultivated in Mansfield, Connecticut, a very excellent First premium to G. O. Gilbert, for the best sewing silk, made at Mansfield, Conn. Second premium to Daniel Sparks, 165 Elm street, for sewing silk, made of raw silk, from Mansfield, Conn. A premium to John McRae, 410 Hudson street, New York, for specimens of excellent silk plush and rib bons. A silver medal to Dr. Felix Pascalis, N. York, for his attention to promoting the culture of silk worms and the filature of silk. ON WOOLLENS. First premium to the Glenham company, Fishkill, N. Y. A. L. Ulrich, superintendent, for the best two pieces of superfine blue and black broad cloth, superior to any thing of the kind ever exhibited in this city, of American manufacture. P. H. Schenck & Co. agents. Second premium to the Glenham company, for the best piece of olive, and second best piece of blue broad cloth. First premium to the Pontoosuc Manufacturing company, Pittsfield, Mass. for the best piece of brown broad cloth. Erastus Ellsworth, agent, N. Y. Second premium to the Pontoosuc Manufacturing company, for the second best piece of black and brown broad cloth. A premium to Wm, Buckley, Poughkeepsie, for the best piece of saltinet. A premium to Samuel Shove & Co., Providence, R. I. for the second best piece do., from H. Auchineloss & Son. A premium to J. H. & W. R. Jones, Cold Spring, L. I. for three pieces of fine flannel. A premium to Joseph Ripka, Philadelphia, for fine Merino cloth, from Greenough & Brinckerhoff. A premium to George & Sturges, 102 Bayard street, for plain and figured hair seating, excellent articles. A premium to E. M. Morgan, for specimens of satinet, casinet, and a card sheet, manufactured at the Hall. of Industry, by machinery propelled by dogs. A premium to Alexander Oakley, for a specimen of 100 fleeces of very fine Saxony wool, grown in this state. ON CARPETING AND OIL CLOTиs. A premium to the Enfield Manufacturing company, for elegant ingrained carpeting and hearth rugs, fully equal to imported, manufactured at the Thompsonville Manutactory, Enfield Conn. from Andrews, Thompson, & Co. 180 Broadway. First and second premiums to S. B. M. Sands, Brooklyn, L. I. for oil floor cloths made at the Nassau Manufactory, John Field, agent, 66 Chatham st. A premium to the Catskill Manufacturing company, for specimens of printed felt cloth, for carpets and table covers, a beautiful article, Henry Raymond, agent, 35 Cedar-st. ON IRONMONGERY, HARDWARE AND CUTLERY, A premium to the Carthage Iron company, for specimens of pig, cast and bar iron, from their works in Jetferson county, which appear to be of most excellent quality, and are, worthy the attention of manufacturers, from IV. Le Ray de Chaumont, A premium to the Matteawan company, for superior | hatters and sad irons, from their foundry at Fishkill landing. A premium to J. L. Hommedieu, Saybrook, Ct. for screwstocks, and dies, and patent ship augers, from Hubbard and Casey, 11 Exchange place. ON GLASS AND EARTHENWARE. First premium to Sayer & Yates, glass cutters, 23 beautiful cut glassware, among which were two bowls Delancey street, for a display of numerous articles of uncommonly large, and the handsomest ever exhibited in this city. A premium to Nathan P. Ames, Springfield, Mass. for axes, hatchets, chisels and pump augers, from Wes-lyn, tervelt and Denison, 85 Maiden lane. A premium to A. & R. Baldwin, 404 Broome st. for superior carpenters' planes, particularly a plow. A premium to Thomas Yates, 17 Spruce st. for fine files for watchmakers and dentists. A premium to Samuel J. Pooley, 132 Mulberry st. for a superior specimen of surgical instruments and miniature cutlery. A premium to Hall & Howell, 396 Grand st. for door locks of superior finish. A premium to Wm. Gordon, Geneva, N. Y. for an elegant rifle, with percussion lock, from Alex. H. Shultz, New York. A premium to Richard Batten, corner of Burling slip and Water street, for very superior transit and theodolite instruments, the latter of a construction almost wholly novel. glass works, L. I. for superior specimens of plain First premium to John Gilliland & Co. of the Brookuful workmanship. and moulded glass, a variety of articles of the most beau company for superior crown glass, from C. & R. S. Goff, for specimens of superior stone, flint and cane colored bles and furnaces made at the Salamander works, 62 ON PAPER AND STATIONARY. First premium to R. Donaldson, 45 John street, for very superior and handsome note paper, bank post, copperplate, demi writing, blue laid letter, music and rose colored blotting paper. First premium to Goodwin & Co. of Hartford, Ct. for A premium to professor J. Steele, of this city, for a very beautiful assay balance, of much accuracy of work-royal, medium and white toolscap paper, from J. Seymanship. A premium to John Cook, 174 Water st. for a case of mathematical and drawing instruments, of high finish and excellent workmanship. mour, 49 John street and 6 Burling-slip. blue laid foolscap and white letter paper, from Thomas First premium to Henry Hudson, of Hartford, Ct. for A. Ronalds, agent, 203 Pearl street. First premium to David Felt, 245 Pearl street, for of binding. A premium each to J. M. L. & W. H. Scovill, Waterbury, Ct. Benedict & Coe, of the same place, and Rich-blank account books-very neat and beautiful specimens ard Robinson & Co. Attleboro, Mass. for numerous specimens of very superior gilt and plated buttons, so nearly alike in quality, that competition was withdrawn. Agents, Gad Taylor, 19 Cedar st. and C. P. McElwain, 102 Maiden lane. A premium to Jones & James, 31 Ann st. for a brass beam and scales-a praiseworthy specimen of skill. A premium to Peter Bissell, for brass nails, made at his manufactory, 16th street, near 9th avenue. A premium to Francis Smith, 96 Centre street, for superior brass shovels and tongs. A premium to James Wilson & Co. 206 & 208 Water street, for superior stoves, and a cast iron mantle piece, a perfect imitation of marble. A premium to William Naylor & Co. 5 Chatham square, for a coal cooking stove, adapted to general convenience. for handsome cast iron hollow ware, for kitchen purpoA premium to S. & H. Stanley, West Poultney, Vt. ses, very light and smooth, from J. & M. Gassner, 227 Fulton street. ON SILVER, PLATED AND TIN WARE, CLOCKS, &c. First premium to Baldwin Gardner, 146 Broadway, for a large display of richly embossed silver soup tureens on stands, enchased cake baskets and embossed and plain pitchers; very splendid workmanship. First premium to William Thompson, 109 William street, for two very superior chased and carved silver waiters; very rich work." A premium to Stebbins & Howe, No. 146 Chatham street, for a case of jewellery, watches and silver ware; very tasty and elegant. A premium to Jared L. Moore, 142 Chatham street, for a case of gold and silver mounted spectacles. A premium to Samuel Wignall, 245 Grand street, for two pair of beautiful mantle, and two light lamps. A premium to James Woodhall, King street, for plated castors, and other plated ware. A premium to William Naylor & Co. 5 Chatham square, for block tin ware. A premium to James Grant, 315 Broadway, for dish covers, coffee urn, and other articles of tin ware. A premium to Crossman & Leonard, Taunton, Mass. for an assortment of very handsome Britannia warc. A premium to Uriah Emmons, 80 Hester street, for two very beautiful musical and striking clocks. A premium to James S. Mott, 266 Pearl street, for a superb clock regulator, the movement executed by James Rogers, of this city, in a first rate style. A premium to William Kidder, New York, for sealing lent quills and pens. water colors. ed in handsome style on fine colored paper. A premium to William Geib, for a square two stringed piano forte. cord or one stringed piano forte. The cabinet work of Geib's and Nunns' pianos was particularly noticed as being of superior workmanship. ON CABINET AND GILT WARE. First premium to John Edgerton, of New Brunswick, N. J. for a centre table, the top the best specimen of work exhibited, being chequered, rose wood, maple and mahogany. Second premium to Samuel Carter, 51 Beekman street, for a rose wood and mahogany book-case, the work of an apprentice. A premium to S. B. Young, 69 Broad street, for a pair of card tables, and a work table of American oak, superior workmanship. First premium to Edward A. Ball, 158 Bowery, for venetian blinds, with elegant painted cornices, some representing a fire and firemen. A premium to Richard M. Raven, an apprentice, corner of Duane and Greenwich streets, for a rose wood work box. A premium to Samuel Kennedy, 20 Hudson street, for a gilt raised carved vase of flowers; the carving eminently well executed. A premium to Thomas Goodwin, No. 120 Eldridge street, for the best curled maple chairs. A premium to B. Landen, Newburgh, for a painted box in imitation of rose wood; a very masterly piece of work. ON PICTURES, SCULPTURE, &c. First premium to William S. Mount, 71 James street, for a painting, respecting a rustic dance. Second premium to J. Quidor, 520 Pearl street, for a painting Brom Bones and the Schoolmaster, from Ir'ving's sketch book. Third premium to Bourne, $59 Broadway-scenery in the rocky mountains. A premium to Wright & Bale, 16 Maiden lane, for a collection of bas reliefs. A premium to John H. J. Browere, artist, 512 Pearl 'street, for a full length plaister casting of a boy kneeling, cast and carved busts of Jefferson, col. Willet, Emmett, and Knickerbocker. First premium to Gad Ely, 174 Broadway, for the best specimens of penmanship. field Card Manufacturing company, Massachusetts, Walter H. Bowdoin, agent. Second premium on ditto, to James Smith & Co. Lei cester, Mass. for A premium to James Young, 136 Rivington street, a machine called patent numerator and speller, rccommended as useful for infant schools. A premium to Wm. Ballard, 3 Eldridge street, for as improved jackscrew; a very excellent machine. A premium to George Dunn, foreman to Carter & Mitchell, Newark, N. J. for chaise and buggy, iroв frames. ON MISCELLANEOUS ARTICLES. A premium to J. Hunter & Son, 311 Broadway, for the best specimen of Bristol stocks. First premium to John Wright, 77 Perry street, for starch. Second premium to John Y. Smith, Water street, for starch and hair-powder. First premium to F. L. Wilsey, 194 Pearl street, for carved shell combs. Second premium to Thomas Palmer, 305 Broadway, for shell combs. A premium to Luke Davies, 102 William street, for leather, cloth and fur caps. A premium to Michael & Derrick, 4 Wall street, for a set of Stanhope harness. A premium to Mrs. G. B. Miller, 110 Water street, for superior specimens of snuff. A premium to James Miller, Newark, N. J. for coach lace and trimmings. A premium to G. Saunders, 19 Wall street, for strops for razors and penknives. A premium to H. G. Gifford, for specimens of fine ground salt, in the form of sugar loaves, of pure quality Second premium to Isaac F. Bragg, No. 154 Fultond well calculated for table use, from his factory st street, for specimens of penmanship, exhibiting great Syracuse, Onondaga county; William & John James, agents, 18 South street. skill and taste. A premium to Robert Lovett, 263 Broadway, for impressions of stone seal engravings. A premium to A. T. Mano, 257 Broadway, for engravings on wood. A premium to Balch, Stiles & Co. 34 Merchants' ex'change, Wall-street, for specimens of engravings. A premium to Albertus D. O. Browere, for a plaister statue of Sterne's Maria, and busts and paper cuttings. A premium to Charles Edwards, Nassau street, for a handsome pen-drawing of the tomb of Archimedes. A premium to Henry Huntington, 36 White street, for ingenious and beautiful specimens of fancy, transparent weather proof sign cuttings. ON CHEMICALS. A premium to C. C. Cohen, 118 Henry street, for a specimen of Prussiate of Potasse. A premium to Joseph Boston, 7 Wall street, for carmine made from cochineal by him. A premium to Charles E. Ruggles, 14 Roosevelt street, for prepared linseed oil. A premium to Wm. Bigelow, Brooklyn, for transparent varnish for maps, &c. A premium to W. L, Rushton, 81 William street, for a specimen of bleached sponge, very handsome. ON MACHINES AND MODELS. "A premium to Increase Wilson, New London, Con. for a corn mill, a very useful article. Agents, Cebra & Cuming, Pearl-st. corner of Old slip, and Taylor & Williams, 235 Pearl-st. A premium to the Matteawan company, for a turning lath, with circular bans, made at their machine shop, Fishkill landing, suitable for an operative or amateur mechanic. A premium to John Steele, jr. 90 King street, for an eccentric turning lath, and beautiful specimens of its operations. A premium to Isaac Searle, 3 James street, Brooklyn, for a fur cutting engine, an excellent machine. A premium to Samuel Silliman, Middlesex co. Con. for a washing machine. R. C. Peters, agent. A premium to J. Dutcher, 163 Hudson-st. for a plough on an improved plan, and called the national plough. A premium to B. Morange, 105 William street, for japanned leather; exhibiting great skill and perfection. A premium to J. K. Orrell, Providence, R. 1., for brass and steel reeds for weaving; a very beautiful and perfect article. A premium to A. S. & E, Chittenden, 32 Maiden lane, for navarino hats made by them. A premium to J. W. & F. Phyfe, 44 Maiden lane, for a curled hair matrass. A premium to Joseph Chaffee, Crawford co. Ohio, for a specimen of hemp. A premium to John Thomas, 3151 Broadway for th embroidered dress and belts. A premium to Ives & Walters, Brooklyn, L. I. for a carriage, with improved springs. Premiums for articles of domestic produce and mantfacture. To Mrs. Joshua Stow, of Middletown, Ct, for several pounds of fine linen thread, spun by her in her 69th year, premium. a To Mrs. G. L. Thompson, Staten Island, N. Y. for three baskets of silk cocoons, the first premium. To Miss Louisia Hewlett, of Oyster bay, L. I. för silk cocoons and sewing silk, the second.premium. To Miss Adelaide Ely, of Coxsackie, N. Y. for the best hearth rug, first premium. To Dr. J. Hornbeck, of Orange co. N. Y. for the second best hearth rug. To Mrs. Dayton, of Hudson, N. Y. for the third best hearth rug. To Miss Jane Hall, 319 Water st., for a hearth rug of needle work. To Miss Mary Agate, Sparta, Westchester co. för fine worsted stockings and yarn. To W. A. Beecher, for Merino woollen stockings, krit by a young lady in Connecticut, the yarn spun by herself. To Mrs. Stevens, corner of Broadway and Pearl street, for a white quilt. To Mrs. Kirkland, 52 Vestry street, for a handsome large black lace veil, the first premium. To Miss Holley, of Stamford, Ct. for a black lace veil, the second premium. To Urania Downs for a specimen of plaiu sewing,taught First premium on machine sheet cards to the Spring-at the public school by Miss Knapp. To Miss Gardiner, of Richford, Berkshire cty. Mass. for a superior Leghorn hat, the first premium. To Mrs. Jos. Isaacks, 68 Division street, for cambric frocks and a lace cap. To Miss Hannah Bahan, 139 Charles street, for shell head dress, necklace and bracelets. To the Roman Catholic Orphan Asylum, for a handsome specimen of bead work and penmanship, by the orphans. To Miss Smith, 478 Greenwich street, for a bead work bag. To Mrs. Boch, 110 Bleecker street, for 2 bead necklaces. And that this ordinance continue in force until the new organization of the common council, and no longer. J. MORTON, clerk. CONSTITUTIONAL LAW. As the words, compact, federative compact, and consolidation, have long and often been applied, by all parties, to the constitution of the United States, and, for forty years, one great party has viewed it as a federative compact among the states, and the other great party not as such a compact, but, in the main, national and popular, it may be well, in the outset, to state what is meant by To Miss Anthony, a pupil of Mrs. J. Russels, 469 these terms. Broadway, for a gilt centre table with Chinese figures-aay be defined, to be, one "founded on the consent, exA consolidated government has been, and first premium. pressed or implied, of the people of the whole nation, and which operates, in all its departments, directly upon the people," as individuals, and not in their political state, capacity. Different is "the consolidation of the union," I mentioned by the convention, in its circular address.This only meant to strengthen the union. A federative, government has been and may be described to be one, which is composed of several independent states, bound To Mrs. Shultz, 550 Broadway, for a gilt figured work table-a premium. To Miss Mary Ann Earle, Weehawk, N. J. for two serap tables; gilt-a premium. To Miss Tappen, 90 Chamber street, for a scrap table. To Mrs. Isaacs, Houston street, for a scrap table-a premium. To Miss Manly, 224 Grand street, for a pair of trans-together for specific national purposes, and relying, for parent blinds, a premium. By order of the executive committee, THE BRITISH WEST INDIAN TRADE. With due respect, I am, sir, your obedient servant, WM. H. ELLIS. Hon. Martin Van Buren, secretary of state." arrange "Department of state, Washington, 18th Oct. 1830. SIR: Your letter of the 12th instant has been received at this department. In answer to the inquiry it contains, as to the time when the British West India ports will be opened to our vessels under the late ment, I have to state that it is expected by this government, that that of Great Britain will, without delay, take the necessary measures to that effect, upon the receipt of the president's proclamation of the 5th inst. I am, with great respect, your obedient servant, M. VAN BUREN. Wm. H. Ellis, esq. collector, New Haven." individual the support and efficiency of its operations, on its action on such states, in their political capacity, and not upon their citizens individually"--that is, a government completely federal and federative, founded wholly on a federative compact, acts and operates, entirely through the "Collector's office, New Haven, Oct. 12, 1830. medium of the authorities of such states, and one comSIR: I am requested by several of the merchants of this bletely consolidated never so acts and operates, but enplace interested in the West India trade, to ask of you at tirely on the citizens or subjects, individually and directabout what time they may calculate upon the ports in the ly. Probably, therefore, no federal republic ever existed British islands being open to American vessels, under the completely federative, or completely consolidated. If Late arrangement. This information, if it can with pro- the constitution of the United States was not created by priety be given, will be of importance to the merchants, compact, then it was ordained and established, as a sta as they wish to know when to have their vessels and car-tute or ordinance is, by the American people, "as one peogoes in readiness. ple or nation," and may well be called a popular govern ment; because, wholly created by an act of the people in their original sovereign capacity. Though the general government be so ordained, by one people, still in one sense it may be federal, as it may act through states, and on states, partially sovereign, and not on individuals, directly, in cases more or less numerous, as the people. may have placed more or less power in their general government, and to operate more or less directly upon persous. Hence, it is obvious in our system, those words, compact, confederacy, confederation, fede rative compact, consolidation, popular, national, state rights, state sovereignty, federal sovereignty, &c. must be used with some limitations, expressed or understood. We find that congress, as early as September 19th and 27th, 1774, acted directly on individuals, in several cases, so on the principles of consolidation; as, in advising the merchants of all the united colonies, not to import British goods; also, in resolving that no goods should be imported, (by individuals) after a time named, and that expendi-those imported should not be used or sold. Soon after, congress' resolves so operated on individuals in other cases. It is material to bear in mind that extensive powers were exercised by congress, on popular principles, before state powers, in fact, existed. We find no state power, in fact, nor any evidence of a federative compact, among the colonies, even by congress, using its authority as a medium of action until May, 1775. Until April, 1775, most of the colony legislatures continued and acted under the colony charters. Before July 4th, 1776, congress levied land forces, commenced a navy, and conducted all the operations of the war--erected a post office department-emitted bills of credit, asserted the rights of the people, as one peuple, to take their station as one nation, not stations as several nations, to which they were entitled. After congress met in May, 1775, it exercised mixed powers, a small part on colonies, and then on states, and nearly the whole on individuals, as their journals will show. CITY OF NEW YORK. An ordinance making appropriations for city tures, passed October 11, 1830. Be it ordained by the mayor, aldermen and commonally of the city of New York, in common council convened, That the sums of money annexed, in the following list, to the respective heads of city expenditure, be and the same are hereby respectively appropriated to the subjects of city expenditure to which they are annexed, viz:For alms house, $60,000 Markets, Streets, including Public schools, 150,000 Wells and pumps, opening thereof, Bonds payable, 100,000 Lien on lots, Watch, 47,000 Charities, Docks and slips, Lamps and gas, Interest, Salaries, Fire department, Roads, County contingen cies, Blackwell's Island, Justices' cou: ts, Repairs, Police, $6,000 1,500 3,400 3,000 2,800 35,000 Cleaning streets, 4,000 38,000 Printing & stationery, 2,000 30,000 Coroner's fees, 1,200 2,000 1,090 500 16,000 Elections, 12,000 Board of health, 15,000 Working convicts, 10,000 Charges on arrears of 6,500 accepted streets, 6,000 400 9,000 10,000 One object in this inquiry is, to examine some extraordinary opinions expressed in the senate of the United States in January, February and March, 1830, and in Jefferson's writings. Mr. Jefferson, in his letter to Edmund Randolph, dated August 18th, 1799, charged the judiciary with auacious, barefaced assumption, in holding that the com mon law "in force, and cognizable as an existing law," these united colonies are, and of right, ought to be, free Further, if the colony of Virin the federal courts, without the adoption of congress, and independent states. and so infinitely beyond their power to adopt, the extent ginia was a nation, the thirteen colonies were thirteen of which assumption he totally misunderstood as he does nations, and now, according to this doctrine, we have the principles on which those courts use the common twenty-four nations, and the union as the twenty-fifth. law. He says "before the revolution, the nation of 3d. As to the common law, he clearly thinks the feVirginia had, by the organs they then thought proper to deral courts assumed it at large. The case, however, constitute, established a system of laws"-of common is not so. They practised on the principles of the comlaw and chancery. "When, by the Declaration of In- mon law, on two grounds: in a limited manner; first, on dependence, they chose to abolish their former organs of the 34th section of the judiciary act of September 24th, declaring their will, the acts of will already formally and 1789, which provides that the laws of the several constitutionally declared, remained untouched. For the states," except, &c. "shall be regarded as rules of denation was not dissolved, was not annihilated; its will, cision, in trials at common law, in the courts of the Unittherefore remained in fuil vigor; and on the establishing ed States, in cases where they apply." These state laws the new organs, first, of a convention, and afterwards a include the common law, as it exists in each state. The more complicated legislature, the old acts of national will federal courts can use it as far as it applies to federal continued in force, until the nation should, by its new or cases under this section. Second. When this comgans, declare its will changed. The common law, there- mon law so applies, the federal courts can use it, in fore, which was not in force when we landed here, nor some few federal cases of necessity, on the same princitill we had formed ourselves into a nation, and had man-ples those courts adopt the whole system of equity from fested by the organs we constituted, that the common law scores of English and American reports, not acts of conwas to be our law, continued to be our law, because the gress; for there are none on the subject. If he had been nation continued in being, and because, though it changed a better lawyer he would not have charged the courts the organs for future declarations of its will, yet it did not with audacious, barefaced assumptions. We observe change its former declarations, that the common law another error. Virginia made no declaration of indepenwas its law. Apply these principles to the present case. dence, so did not, thereby, abolish former organs. ConBefore the revolution there existed no such nation as the gress declared and made the 13 colonies free and indeUnited States; they then first associated as a nation, but pendent states, including Virginia; and absolved her from for special purposes only. They had all their laws to her allegiance to the British crown. make as Virginia had on her first settlement as a nation; in Virginia to dissolve this allegiance; but congress disbut they did not proceed as Virginia had done, to adopt solved it. a whole system of laws ready made at their hand. It is understood that neither congress nor the federal their association as a nation was only for special purpo-judiciary ever thought of adopting the common law gene ses, to wit, for the management of their concerns with rally, but only as applicable to federal cases, of necessity one another, and with foreign nations, and the states and usefulness, and mostly on the above section, on the composing the association chose to give it power tor very principles upon which the state courts adopt the those purposes, and no other; they could not adopt any cominion law, without statute enactments, as necessary general system, because it would have embraced objects and proper in cases within their jurisdiction. Next, on which this association had no right to torm, or de- American statutes, state and federal, are enacted, and clare its will. It was not the organ for declaring the na- our constitutions are ordained, with nothing more or less tional will in these cases. In the cases confided to them, to the common law; for instance, the jury trial, without they were free to declare the will of the nation to be the such reference, would have no meaning in our statutes, law, but till it was declared, there could be no law: So or constitution. Our bills of rights are but an epitome of that the common law did not become ipso facto law on parts of the common law, of little value, if we refer not the few association. It could only become so by posiat all to the parts of the common law, of which all these tive adoption; and so far as they were authorized to bills are an epitome. adopt." Mr. Jefferson omits that important feature in the conOn this long and obscure clause, the following re-stitution, whereby the laws and treaties made under it marks, amongst others, may be made: As 1st. Mr. Jefferson is correct in holding, that a people may change their form of government, yet retain their laws and their delegated power, legislative, executive or judicial, undiminished; but, by express words in the new form, they may increase or diminish it. This principle I shall apply to the general government, in the three forms in which it has existed. 1st. The revolutionary, commencing in 1774, and ending March 1st 1781, when the articles of confederation were finally ratified. 2d. Under these articles of confederation. Sd. Under the constitution. But to change the form, and retam their laws and power delegated, there must be no change of the source of that power, and not a total change of allegiance, as there was in our revolution, from the king of Great Britain to the government of America. There was no act operate on individuals, not through the medium of state governments, which make it so far not compact, but one entire government, ordained by the whole American people, as one people, popular and consolidated, though in other respects it may be compact in a small degree. LAW OF SACRILEGE. At the sitting of the French chamber of peers, on the 3d of Sept, count St. Priest brought forward his proposi tion respecting the repeal of the law of sacrilege. In the course of his remarks, he observed: "Christianity has been too long exposed to hatred by the privileges with which it has been overloaded; howe ver, the mixture of temporal and spiritual interests has not always been pernicious to society. It was Christianity which saved the freedom of Italy and Christian Europe. The liberty represented by the Roman church 2. He evidently is in an error, in considering, as he opposed a long time the despotism of princes. Liberty does, Virginia a complete nation, in her colonial condi was the foundation of the power of the church, and if tion, her own sole law maker; for he does not notice, this power lasted so many centuries, it must be attributin any manner, her dependence on, or connexion with, ed to this origin. But the church seemed afterwards to the British government. Whereas she was so depen- forget this condition of its power; a time arrived when, dent and connected, that her citizens owed allegiance to inattentive to its protection, it even invaded that liberty. the king and had but one of three branches of legislation, M. de St. Priest stated, afterwards, that the law of and that one was in their representatives, so that they sacrilege had been strongly opposed in the chamber of alone could not enact any law, and they had no execu- peers, and that it passed only by a m jority of four.-tive or judicial power dependent of her British condi-This law, which was never applied, rests on a monstrous tion and connexion. I shall pursue the subject of colo- axiom-the possibility of avenging the DEITY—it is innial limitations farther, when I shall come to the consi- tended to punish the deicide! I do not arbitrarily cite deration of senator Rowan's opinion, that Delaware is this word, for it has been pronounced. In fact, if punishas sovereign as Russia. I will here on y add, that Jet- ment is measured with the greatness of the offence, death terson's exalted idea of her colonial and state sovereignty itself would be an extremely weak remedy. Nothing in or power led him, in drafting the Declaration of de- the world would suffice for such an expiation. This pendence, often to use the word states so mproperly, principle would lead us at once to tax the inquisition that congress struck it out in each case, and declared with indulgence and faintheartedness. |