Rye, peas and beans:-For every quarter until the price of British rye, peas, or of beans, made up and published in manner required by law, shall be 418. Whenever such price shall be at or above 41s. the duty shall be for every quarter Wheat meal and flour:-For every barrel, being 196 lbs. a duty equal in amount to the duty payable on 384 gallons wheat. Oatmeal:-For every quantity of 181 lbs. a duty equal in amount to the duty payable on a quarter of oats. Maize or Indian corn, buckwheat, beer or bigg-For every quarter, a duty equal in amount to the duty payable on a quarter of barley. 03 0 0 FOURTH OF JULY-AT PARIS. The Americans in Paris celebrated the anniversary of independence, in the usual style, this year. The 0 number of those who joined in the celebration, was unusu ally great. Eighty persons sat down to a dinner, which 6 was served up at the Cadran Bleu, Boulevarde du Temple, in a manner most creditable to the taste and attention of the proprietor of the establishment. His excellency, James Brown, minister of the United States, at the court of France, general La Fafayette, his son and secretary, in compliance with the invitation of the committee, on behalf of the Americans at Paris, honored by their presence, the festivities of the day. I. Cox Barnet, esq. the American consul at Paris, presided, and Mr. Cooper, consul at Lyons, officiated as vice president. The rev Dr. Jarvis of Boston was present and offered up a fervent and appropriate prayer before the company took their seats at the table. [This law is prohibitory, except for wheat grown in Canada, or other British possessions, unless in case of something like a famine.]] The following return shews the rates of duty proposed to be imposed on staves, in the new English custom house bill, compared with the existing duties: Not exceeding 13 inch in thickness, and not exceeding 7 in breadth, viz: Not exceeding 36 inches in length, the 1,200, Above 36 inches in length, and not exceeding 50 inches in length, the 1,200, Duties at pres't. 078 1 0 15 4 2 1 00 3 After the regular toasts had been drunk, the president, upou hehalf of the committee, proposed the following, which was received with the most lively applause: ington-we know no higher eulogy. Wood, viz: staves, being the growth of the United States of America, or the growth of east or west Florida, or the growth of the Ionian Island, and being imported silence prevailed. "During a course," said he, "of more General La Fayette then rose, while the most perfect directly from thence respectively: than half a century, and a series of successive AmeriDuties can generations, every opportunity has afforded me new prop'd. favors from them to acknowledge, new patriotic sympathies to exchange. Now, gentlemen, whilst I offer my respectful thanks for your so very gratifying toast in behalf of one of your veterans, our matchless Washington's adopted son, we have, in common to remember how last 50 year on the fiftieth anniversary of American independence, when we were all in our convival meeting, commemorating the three surviving signers of that immortal declara60 tion, two of them, one its illustrious author, the other its strenuous supporter, had gone on that same day, as it 00 were hand in hand, to join our departed revolutionary companions; and may be indulged to observe, it has been to me a peculiar blessing to have been allowed, after forty years absence, once more to embrace those two friends, with whom, in public labors, on both sides of the Atlantic, and by the ties of personal affection, I had been delight in mutual congratulations, on that immense, unexso long, and so intimately connected; to have had time to ampled national prosperity, private welfare, domestic felicity, the evident result of a veteran's struggle for indepentative institutions, for which has been happily created the dence and freedom, and of those popular, truly represenname of self-government, and which may be considered as the charter of good sense and legitimacy of mankind. I therefore, beg leave to propose the following toast. come a universal language. Self-government-May this American neolegism be Above 50 inches, and not exceeding 60 inches in length, the 1,200, Above 60 inches in length, and not exceeding 72 inches in length, the 1,200, Above 72 in length, the 1,200, 1 80 1 12 0 From the Baltimore American, of Aug. 27. A letter from a mercantile house in Liverpool, which we insert below, states what we are very apt to believe that the true reason of the sudden and ungracious refusal of the British ministry to renew the negotiation on the colonial trade, was not the one assigned, but the clamours of the shipping interest. Extract of a letter from a mercantile house, dated Liverpool, July 2, 1827. The duty on barrel staves coming direct from the United States to this country, has been increased from £3 16 8d. to £11 10s. for 1,200 which amounts to a prohibition. A bill has also just been passed through parliament, authorising the introduction by land into Canada from the United States, of staves, masts, and lumber of every description-horses, ashes, fresh provisions, &c. &c. and these articles, so admitted from the United States, will be received here, and in the West Indies, as the produce of Canada. Staves, for instance, coming through that channel, will pay only £1 for 1,200. Ashes will come free through Canada; but if they come direct, they must pay 6s. per cwt. Wheat is admitted into Canada, here, at a duty of 5s. per quarter; from the United States, is prohibited: thus the Canadians may ship all they grow, and supply themselves with cheap bread from America, "The object of those arrangements are to monopolize the carrying trade, and in them is to be found the true secret why the ministry declined to negociate respecting the West India trade. Let no man in America suppose that their non-acceptance of the conditions as offered by the act of 1825, was the reason why they could not nego ciate on the subject-the truth is, although they had pledged themselves to adjust the matter by negociating in 1824, and renewed the pledge in 1825; in 1826 they determined to change their policy, and the clamors of the shipping interest, though unjust, urged them into it in an ungracious manner; and if you had accepted their terms, they would, when they determined to change the system, have found means to evade the spirit of that act, by some other. The president then read the following: lents, admiration-for his public services, honor-for his Our distinguished guest, James Brown-For his tahospitality to his countrymen, the tribute of our heartfelt acknowledgments. which he had been noticed, produced a degree of embarMr. Brown observed that the unexpected manner in rassment which would have prevented him from rising, had he not feared that his silence might have been considered as a proof of ingratitude, or insensibility. "I know," said Mr. B. it has been remarked that 'out of the fullness of the heart the tongue speaketh:' and yet strange as it may appear, I have no hope of finding at this time adequate language to express to this company all the gra titude I feel for the very kind, affectionate and flattering terms in which my name has been mentioned. If the kindliest feelings and best dispositions in relation to such of my fellow citizens as visit Europe, can constitute a claim to their good will, then, indeed, I feel that I am in some degree entitled to it: for whatever may have been your object in visiting France, whether to gratify a liberal curiosity, or to increase your stock of literary, scientific and professional knowledge, it has been my constant desire to aid you in its attainment. The approbation of my conduct, which you have been so kind as to express, derives much value from the character of the assemblage from which it is received. In the midst of intelligent and well informed young gentlemen, collected from every Ast:te in the union, we have the satisfaction to see one of the LIBERTY IN MEXICO. distinguished actors in our revolutionary contest, whose LEGATION OF THE U. S. OF AMERICA, name associated with that of our beloved Washington, Mexico, May 7th, 1827. will descend with imperishable renown to the latest posteWhereas, in the regulations published in the city of rity. Our festive board is also graced by the presence of one of our citizens, who having little more than attain- Mexico, by order of the government, no foreigner can ed the age of maturity, has already by the fertility of his pass the frontier, or land in any of the ports of the repubinvention, and the felicitous manner in which he has in- lic, or travel thence into the interior, without a regular terwoven fact with fiction-amused, instructed and de- passport, issued or countersigned by some of the agents lighted both hemispheres. That my humble labors of Mexico; and whereas the minister plenipotentiary of should have received the approbation of an assemblage so the United States of America, resident in Mexico, is redistinguished, and on an occasion so memorable, will al- quired by the said regulations to certify that persons calways be recollected by me, as amongst the happiest inci-ling themselves citizens of said states are entitled to the protection of his government as such, notice is hereby dents of my life. given, that every Americn citizen who leaves the United States with the intention of visiting Mexico, is expected to furnish himself with properly authenticated certificates of citizenship, countersigned by an agent of this republic. Passports issued by the Mexican vice consuls in the ports of the United States will not be considered as sufficient testimony of citizenship at this office. J. R. POINSETT. [The above we published some weeks since in the REGISTER, and ve e unable to give it an explanation; the fo!towing article from the New York Daily Advertiser sheds some light on the subject.] As you have been so kind as to allude to my official services, permit me to remark, that much of what might have been embarrsasing to me, in my present situation, has been rendered easy by the conduct of my fellow-citizens. It is sometimes the painful duty of a minister to interfere with the government at which he is accredited for the protection of his countrymen, either from the oppressive acts of authority, or from the consequences of their own inexperience and indiscretion. So correct has been the conduct of the American citizens residing in France; such their habitual respect for the laws and the constituted authorities, that in more than three years When we published a short time since a statement of during which time I have had the honor to represent my country at this court, I have in no instance found the course pursued by Mr. Poinsett, our minister at my interposition necessary for their protection. Recollecting that your own country is the proper field for your Mexico, in relation to an attack made upon him by the political activity, you have abstained from intermeddling congress of Vera Cruz, we were struck with the singuin the affairs of this government, and you have remained larity of the fact, that a person filling such a station, satisfied with the protection extended to you, and the per- manner, against such a body as that above mentioned. A mission to drink freely, and I might add almost gratuitous friend, who has just returned from Vera Cruz, has furly, at the abundant fountains of knowledge which are tonished us with the document pub shed by the congress, be found in this interesting metropolis. You will return which called forth the vindication of Mr. Poinsett. It is to your country with an undiminished affection for it and entitled a "manifesto of the congress of Vera Cruz,” and for wise institutions, and you will be followed wher- fills a pamphlet of more than twenty pages. It is cerever you go by my best wishes. tainly a most singular publication, especially considering the scource from which it proceeds, and contains a most It seems, that he assisted at the installation of what was Mr. Cooper replied in a short but very handsome ad-gross attack upon Mr. Poinsett. dress, wherein he expressed his thanks for the very com Mr. Brown then gave-the memory of John Adams and Thomas Jefferson. should find it necessary to vindicate himself in such a plimentary manner in which his talents had been alluded called the York lodge of Free Masons-an association to, and offered as a toast, "The happy return of all pre-which is described in the manifesto, in the following glowsent to their homes at some future day.' EFFECT OF LIBERTY. ing and frightful colors-"finally there was observed in the horizon a small cloud, which at first caused no jealousy; but gradually increasing in magnitude, it at length In the dark ages which followed the downfall of the burst upon Mexico in a frightful tempest." Mr. PoinRoman empire, several republics were founded in the sett is then described as “a foreign minister, cunning and northern parts of Italy; and while ignorance and barbar-hypocritical-as zealous for the prosperity of his own ism prevailed in other European countries, these states country, as hostile to that of Mexico; calculating, as Feunder the influence of free institutions, became rich andra Cruz suspects, that the aggrandizement and glory of powerful, and enjoyed the comforts and ornaments of his nation is in inverse proportion to that of the Mexican life. "Their ships covered every sea; their factories states; and that the friendly relations of the latter with rose on every shore; their money changer's set their tables Great Britain, may in time become disadvantageous to in every city; and manufactures flourished. We doubt his own country; and under the influence of such feelwhether any country of Europe, our own perhaps exceptings and such fears, they say "he conceived a project the most disorganizing and terrible for the republic; ed, have at the present time reached so high a point of which was nothing more nor less than the establishment wealth and civilization as some parts of Italy had attained of the lodge of York Free Masons." 400 years ago. The revenue of the republic of FlorThis institution the manifesto says, "is in the opinion ence was greater 500 years ago, than that which the grand duke of Tuscany (in whose doininions Florence is situa- of the illustrious congress of Vera Cruz, a hundred-fold more dangerous and destructive than twenty battalions ted) now derives from a territory of much greater extent. The manufacture of wool alone employed 200 factories of the perfidious tyrant of Spain. A foreign invasion and 30,000 workman in that republic; and the cloth annu- would arm all the patriots of the country to repulse them ally produced sold for a sum equal to $11,000,000 of our with blood and fire: all the invaders would be declared money. Eighty banking house's conducted the commer-enemies, and our herces would have to contend with the cial operations, not of Florence only, but of all Europe. degraded vassals of a foreign and execrable monarch; but Two banking houses advanced to Edward third of Eng-lighting up an intestine war by the excitements and patland, a sum in silver equivalent to 3,300,000, when the ties which the Scotch and York clubs provoke, we should value of silver was quadruple what it now is. The city and re-distrust of the best servants of the country, and calmly environs contained 170,000 inhabitants; 10,000 children would brand them with infamous insinuations; citizens, were taught to read in the various school; 1,200 studied friends, and relations, would butcher one another witharithmetic, and 600 received a learned education. The out pity, and in the meantime, the authors of our misferprogress of literature and the arts was proportioned to that tunes would retire to a place of safety." of the public prosperity. All the seven vials of the Apocalypse have since becu poured out on those pleasant countries. Their political institutions have been swept away; their wealth has departed; literature and the arts have declined; the people are trampled on by foreign tyrants and their minds are enslaved by superstition; eloquence is gagged and reason hoodink. d. Hampshire Gazette. They give a detailed account of the situation in which Mexico stood with regard to parties, previously to the establishment of York lodge, to which they ascribe the most mischievous intentions; and charge them with being connected with the Turbidists. "It is not hid," says the manifesto, "from the congress of Vera Cruz, that among the sectaries of York are to be found some truly disinterested patriots; it laws them by their nangs, ani! by their deeds, and appreciates their civil virtues, and by a proper use of them, attain the noble prize for which Mr. Morris, who will do me the honor to hand this letter to you, can inform you of our situation, our pros pects and designs so much better than I can in the compass of a letter, that I shall do no more at this time than assure you, that, with the greatest esteem and respect, I am, sir, your most obedient and obliged servant, Dobb's Ferry, August 17, 1781. The mischiefs of secret societies are depicted in very SIR: I have received, and do sincerely thank you for, glowing colors; and this country is repeatedly alluded to the several articles of important intelligence contamed in a manner as rude as it is unjust. "Observing," says in your letter of the 12th. The continuation of such the manifesto, "that it is the interest of a certain nation confidential communications will be highly pleasing to [meaning the U. States] that Mexico should shelter in me, and may be exceedingly beneficial, considered in a her bosom those traitorous vipers that are even now rend-public point of view, as circumstances, well authentica ing her vitals without pity, and the discredit into whichted, should influence measures as certainly as causes prowe arc about to fall in the estimation of the cultivated na- duce effects. tions of Europe-a discredit occasioned by the revolutionary movements, and general discontent, produced by rites as torturous as they are criminal and ridiculous-the congress saw itself under the indispensable necessity of issuing a decree of state, in which it prohibited all secret associations, of every rite and denomination. But at the moment when it adopted a measure so provident and just, and displayed its energy, decreeing heavy penalties upon the refractory, it remembered that the masons are men, subject like other men to passion; and that, if it should oblige them to secede from their lodges, it would compromit the delicacy of some, and leave others exposed to the ridicule of their companions; it had, therefore, the prudent consideration to concede to them two months' indulgence, during which they might quietly, and unostentatiously, break their mysterious relations with those hot beds of revolution and anarchy.” LETTERS OF WASHINGTON. Every line from general WASHINGTON, especially during the revolutionary war, must be read with interest by the American people. A highly respectable friend has favored us with the following original letters from the father of his country to the late governor M'KEAN, while that able and distinguished patriot was the president of the old continental congress. We publish them with pleasure, and are promised others from the same source, from time to time. [Aurora. GEO: WASHINGTON. Camp, before York, October 6, 1781. SIR: I feel myself peculiarly obliged and honored by your excellency's communication of the 26th ultimo. That America must place her principal dependence on her own exertions, I have always foreseen, and have ever endeavored to inculcate; and I flatter myself that from the wise system of policy which has of late been adopted, and which congress seem determined to pursue, our internal measures will be so improved and applied, that with the assistance of our most generous of allies, though not operating immediately with us, hereafter we shall be enabled to bring matters to a happy and glorious conclusion. I am not apt to be sanguine, but I think, in all human probability, Lord Cornwallis must fall into our hands. The smallness of Digby's reinforcement, and the deduction from the enemy's former naval strength, by the loss of the Terrible, and the condemnation of two other ships of the line, leave them so vastly inferior, that I think they will not venture upon a relief. It is to be wished that your excellency's plan would be Head-Quarters, near Dobb's Ferry, July 21, 1781. adopted, but there are reasons which operate forcibly SIR: I have been honored by your excellency's three against Count de Grasse's dividing his fleet. By graspletters of the 14th and 17th of this month, with the se-ing at too much, we might loose a stake which nothing veral resolutions of congress, and extracts from intercepted letters, enclosed. I am much obliged by your attention in the communication of the extracts, although I had been favored with them through another channel previous to the receipt of your favor. The intelligence to be collected from them, if properly improved, I think may turn greatly to our advantage. but the most adverse stroke of fortune can take out of our hands, and which, if we attain, will give a most fatal stab to the power of Great Britain in America. I hope your excellency will excuse my short and imperfect answers to your full and obliging letters. The variety of matter which engages my attention must be my apology. My public despatch will inform your excellency of our progress up to this state. With the greatest esteem and respect, I have the honor to be, sir, your most obedient and obliged servant, GEO: WASHINGTON. His excellency Thomas MKcan esq. Mount Vernon, November, 15, 1781. SIR: I have the honor to ackowledge the receipt of your favor of the 31st ultimo, covering the resolutions of congress of the 29th, and a proclamation for a day of public prayer and thanksgiving; and have to thank you, sir, most sincerely for the very polite and affectionate manner in which these inclosures have been conveyed. I take this opportunity most sincerely to congratulate you, sir, on the honor conferred upon you by congress, in being elected to preside in that most respectable body. Happy, as I expect to be, in your correspondence, I dare say I shall have no reason to complain of the mode of your conducting it; as, from a knowledge of your character, I flatter my self it will ever be performed with great propriety. I take the liberty however to request, as a particular favor, that you will be so good as to convey to me, as you have opportunity, any interesting intelligence which you may receive, either from Europe or respecting our continental affairs. Your situation will put it particularly in your power to oblige me in this request; and be assured, sir, that a greater obligation can-at York and Gloucester, as it affects the welfare and not be conferred, since, for want of communication in this way, I have often been left in the dark in matters which essentially concern the public welfare, and which, if known, might be very influential in the government of my conduct in the military line. The success of the combined armies against the enemy independence of the United States, I view as a most fortunate event. In performing my part towards its accomplishment, I consider myself to have done only my duty, and in the execution of that I ever feel myself happy. At the same time, as it augurs well to our cause, I take a particular pleasure in acknowledging, that the interposing hand of heaven, in the various instances of our extensive preparations for this operation, has been conspicuous and remarkable. I am happy to be informed, by accounts from all parts of the continent, of the agreeable prospect of a very plentiful supply of almost all the productions of the earth, Blessed as we are with the bounties of Providence necessary for our support and defence, the fault must sureAfter the receipt of your favor, I was officially informly be our own, and great indeed will it be, if we do not, jed, through the secretary of congress, of a new choice of their president. While I congratulate you, sir, on a re-steam boat North River, from New York to Albany, that lease from the fatigues and trouble of so arduouss a task, I beg you to accept my sincerest thanks for the pleasure and satisfaction I have experienced in the correspondence with which you have honored me, and the many interesting communications of intelligence with which you have favored me. I have the honor to be, with very sincere regard and esteem, dear sir, your most obedient and most humble servant, GEO: WASHINGTON. Hon. Thomas M'Kean, esq. INDIAN DISTURBANCES. twenty years ago, only one boat was able to move against wind and tide in the United States; and, even in England, no successful or profitable application of steam to propelling boats, was effected until after Fulton's entire success in the month of August, 1897. The world, then, stands indebted to Robert Fulton, (not for the discovery, but) for the successful application of this gigantic power. In 1822, there were in operation on the waters of England, 142 steam boats, and in America, 300 and rising. At this moment the use of steara, in England, m propelling boats and vessels, in driving machinery of every description, in raising coal, water, and ores, from the boFrom the Michigan Herald, of August 3. We pub-som of the earth, saves the employment of millions of lish this day a letter from a gentleman attached to gov. men, and thousands of horses. In America, at this preCass's suite, to the editor of this paper, giving all the in-sent writing, there is no doubt, but 1,000 boats now formation relative to the Indian disturbances, which was "move at its bidding;" and its application to the maknown at Green Bay, as late as the 21st ult. chinery of factories, in absence of water power, takes There is not the least prospect that the Winnebagoes the place of wind, or animal power, altogether. Mr. will be joined by a single tribe. It is true that they have Fulton's experimental voyage on the Hudson, was made invited all their neighbors to take up the hatchet. It in 32 hours-being a mile in 14 1-2 minutes. is equally true, that the invitations, without a single ex-steam boat North America is now propelled on the same ception, have been declined. river, a mile in 4 minutes 58 seconds. On the Mississippi river, boats are propelled by steam against a strong current, at between 8 and 9 miles an hour, averaging the voyage from New Orleans to Louisville, which is 1,580 miles, and which was performed by the steam boat Tecumseh in 8 days and 2 hours. The down-stream trips are sometimes performed after the rate of 17 miles an hour. The new The great prophet had united himself with the Potawatomies, by whom he was considered a principal chief: he had received numerous belts from the Winnebagoes, but gave evasive answers. Last spring the Winnebagoes sent him a war club which he refused to receive, but agreed to consult the Chippewas and Ottawas, when the tribes should meet at Malden, to receive their presents. The prophet, as is known, subsequently to this agree- Had the great benefactor to the world, and particularment, was taken off by poison. The chiefs of the Po-ly his country, been spared to this day, to witness the towatomies, however, met the chiefs of the two other numerous and wide spread blessings to commerce and to tribes in council at Malden, and came to a solemn resolve manufactures, dispensed by the proper applications of to have nothing to do with the Winnebagoes, and that if steam, how serenely would he have "passed the downa war was likely to rage, in which they might be involved, ward road." But he was cut off-in the midst of his that they would remove beyond its reach within the Ame- usefulness was he cut off-while his country was hotly rican borders. engaged in war-while his powerful mind was contriving and concerting schemes to move ponderous batteries among the becalmed fleets of the enemy-and before his plans of submarine warfare had reached any practical result. His torpedo system, had he brought it to perfeetion, would have carried terror with its progress, and instead of alleviating the miseries of war, would have added tenfold to its horrors. It might have prevented its frequency and abridged its length, and combined with the engines of destruction, invented by our countryman, Perkins, would have placed in the hands of ambitious monarchs the means of destruction, too horrible to contemplate. Only think of the awful, appalling powers of the torpedo: by the torpedo, which incved under and attached itself to its victim in the dead of night, the hour The Sacs are desirous of drawing off the Indians of when 1,000 persons in a 74 would be asleep in their hamPeninsular Michigan, to their own country, and uniting mocks-its explosion would destroy the whole m a mowith them as one nation. It is a favorite object of their ment! and send them into the next world in a breath! policy, by which they hope to strengthen themselves The pecuniary situation of Robert Fulton was so unagainst the Sioux. They say to the Chippewas and Po-expected at his death, that instead of a competency, his tawotomies, "we weep for you when we see your poverty, widow and children were left with a country's grautude your game disappearing, and yourselves enclosed in a as their dowry. circle by the whites." As yet, the persuasions of the Sacs have been unavailing. The Indians, and particularly those residing near to our settlements, have too much good sense not to know, that any hostile movement on their part, against our government, would lead to their utter destruction. A Sac chief, a few days since, expressed a just sense of the relation in which the Indian tribes stand towards the United States, and of the consequences which would attend a state of war between them and the Americans. He expressed his conviction of the utter inability of all the Indian tribes united to stand against the power of their American father, unless supported by foreign aid. He asked, where are we to procure arms and ammunition, and who will furnish our wives and children with food? what country have we to fly to when we are driven from our own? Detroit, August 14. Original letter from Robert Fulton to Joel Barlow, Phi- New York, August 2, 1807. From Green Bay-The schooner Commerce, capt. My dear friend: My steam boat voyage to Albany and Merrit, arrived yesterday from Green Bay, which place back, has turned out rather more favorable than I had she left on the 9th inst. We learn by this arrival, that calculated. The distance from New York to Albany is about two or three thousand Indians had assembled at the 150 miles; I rau it up in 32 hours, and down in 30 hours. treaty ground, and among them was a considerable num-The latter is just five miles an hour. I had a light breeze ber of Winnebagocs, who, on the whole, were disposed against me the whole way going and coming, so that no to be peaceable, though they had shown a disposition to use was made of my sails; and the voyage has been parquarrel with the Menominics. Gov. Cass had had some formed wholly by the power of the engine. I overtook "talks" with them, in which he counselled them to walk many sloops and schooners beating to windward, and in smooth paths, but at the same time told them very passed them as if they had been at anchor. distinctly, that if they were tired of peace, their great fa- The power of propelling boats by steam is now fully ther would readily accommodate them with a war play.proved. The morning I left New York, there was not, It is probable that a treaty will be effected, but is difficult perhaps, thirty persons in the city who believed the boat to surmise in what manner the breach with the Winneba-would ever move one mile an hour, or be of the least goes will be closed.-Gazette. STEAM TWENTY YEARS AGO. utility. And while we were putting off from the wharf, which was crowded with spectators, I heard a number of sarcastic remarks: this is the way, you know, in which ignorant men compliment what they call philosophers It will be seen by the following valuable and interest-and projectors. ing letter from Robert Fulton to Joel Barlow, giving an account of the first, or experimental voyage of the Having employed an h time and money, and zeal it. accomplishing this work, it gives me as a will you, greas pleasure to see it so fully answer my expectations. It riparian proprietors, must show a rightful appropriation will give a cheap and quick conveyance to merchandise by grant from all, whose interests are affected by the paron the Mississippi, Missouri and other great rivers, ticular appropriation, or by a long exclusive enjoyment which are now laying open their treasures to the enter- without obstruction, which affords a just presumption of prize of our countrymen. And although the prospect of right. The plaintiffs, the court considered riparian propersonal emolument has been some inducement to me,prietors. As owners of the lower dam, and the mills yet I feel infinitely more pleasure in reflecting with you connected therewith, they have no rights beyond others on the immense advantage that my country will derive who might have appropriated that portion of the stream to the use of their mills. These rights are to be measur from the invention. However, I will not admit that it is half so important ed by their actual use and appropriation of the water, for as the torpedo system of defence and attack; for out of a period which the law deems a conclusive presumption this will grow the liberty of the seas; an object of infinite in favor of rights of this nature. As mill owners they importance to the welfare of America, and every civiliz-have no title to the flow of the stream, beyond the water ed country. But thousands of witnesses have now seen the steam boat in rapid movement, and they believe: they have not seen a ship of war destroyed by a torpedo, and they do not believe. We cannot expect people in general will have a knowledge of physics, or power of mind sufficient to combine ideas, and reason from causes to effect. But in case we have war, and the enemy's ships come into our water, if the government will give me a reasonable means of action, I will soon convince the world that we have surer and cheaper modes of defence than they are aware of. Yours, &c. ROBERT FULTON. WATER-RIGHTS. actually and legally appropriated to their mills; but as riparian proprietors, they are entitled to the general flow of the stream, so far as it has not been already acquired by some prior and legally operative appropriation. stream not yet appropriated. The owners of Sergeant's The plaintiff's have the right to the natural flow of the trench are entitled to the use of so much water of the river as has been accustomed to flow through that trench to and from their mills, (whether actually used or necessary for the same mills or not), during the twenty years last before the institution of the suit, subject only to such qualifications and limitations as have been acknowledged or rightfully exercised by the plaintiffs as riparian proProvidence, R. 1. June 25.-At the recent term of Prietors, or owners of the lower mill dam, during that the United States circuit court for the district of Rhode period. Their rights stop there. They have no right to Island, his honor judge Story delivered the opinion of appropriate surplus water not used by the riparian prothe court, in the case of Ebenezer Tyler and others, Prietors, it being their inheritance and not open to oceuagainst Abraham Wilkinson and others, in equity.-Wepancy. The trench proprietors do not hold a mere have heretofore refrained from mentioning this decision, pre-eminent right; but if they did, it would be limited to waste-water privilege. The plaintiffs do not establish a but now having a copy of the judge's opinion before us, the mills formerly existing, and to their usual priority of we will endeavour to state the points decided. supply; which, in a conflict of right, and a deficiency of water, they were accustomed to take and require, and mills. The court consider this claim of pre-eminent not an unlimited right over all the water for all future right as suspended in doubt, and that relief ought not to The fact of actual flow and use of water for a considerabe given against the positive denial of the respondents. ble time, is proof of a general right, and no limitations acquiesced in by those whose interests were adverse. are to be presumed unless such as have constantly been For a period of forty or fifty years the water did flow in the trench without any known limitation upon it by grant were either such as referred to removal of temporary or usage. The acts of interruption since that period, circumstances so questionable as to leave behind them na dams intended to increase the supply, or were under clear traces of any admission of right, or uniform acquiescence in them, as just exercises of superior adverse The bill charges that the respondents who are owners of Sergeant's trench, are entitled as against the owners of the lower dam, only to what is called a waste-water privilege; that is, a right to use only such surplus water as is not wanted by the owners of the lower dam and lands, for any purpose whatever. That the rights of the trench owners are subservient to those of the plaintiffs. It also charges a fradulent combination between the owner of the upper dam, and the trench, injuriously to appropriate and use the water, and that the latter use more than they are entitled to by ancient usage, and waste it, to the injury of the plaintiffs. The object of the bill is to establish the plaintiffs' rights, and to obtain an injunction, and for general relief. The principal points discussed at bar, were what is the nature and extent of the rights of the owners of Sergeants trench; and whether their rights have been exceeded by them, to the injury of the plaintiffs. interests. to be restrained from any further appropriation; and that more water than belonged to them in 1796, and ought the plaintiffs, to this extent, are entitled to have their general rights established, and an injunction granted. "+ Preparatory to considering these points, the judge considered the nature and extent of rights which riparian trench have a right to the flow of the quantity of water The judge decided that "the owners of Sergeant's proprietors generally possess to the waters of rivers flow-which was accustomed to flow therein antecedent to 1796; ing through their land, which he considered generally to that the right is general and not qualified by any permabe as follows, viz: Every proprietor upon each bank of a river is entitled to the land covered with water in front dam, either as riparian proprietors or otherwise, to the nent right in the plaintiff, or other owners of the lower of his bank, to the middle thread of the stream; by virtue, whereof he has a right to the use of the water flowing a deficiency it must be borne by all parties as a common use of the water in case of a deficiency; that if there be over it in its natural current, without dimunition or ob- loss, wherever it may fall, according to existing rights; and struction he has no property in the water, but a sufii-that the trench proprietors have no right to appropriate cit while it passes along. The natural stream existing by the bounty of Providence, for the benefit of the land through which it flows, is an incident annexed by the operation of law to the land itself. The riparian proprietor is allowed a reasonable use of that which is common to all. There may be a diminution in quantity or reA master was appointed to ascertain as near as may tardation, or acceleration of the natural current, indispen- be, the quantity of water to which the trench owners are sable to the general and valuable use of the water, and entitled, in conformity to the opinion of the court, and to prefectly consistent with the existence of the common report a suitable mode and arrangement permanently to right. The law acts with a reference to public conveni-regulate and adjust the flow of the water, so as to preserve ence and general good, not betrayed into a narrow strict-the right of all parties. ness subversive of common sense, or an extravagant looseness which would destroy private rights. Mere priority of The trench owners, in their answer, do not pretend appropriation of running water confers no exclusive right, that they have acquired any new rights by an additional unless there be an appropriation by general consent or uninterrupted use within the last twenty years; but, ou grant. It is not like the case of occupancy, where the the contrary, they assert that the quantity which now first occupant takes by force of his priority of occupation.flows, is in conformity to the ancient usage, and does not Whoever seeks to establish an exclusive use against the exceed it. *The bank of a river--the sea shore, sea side, PRINTED FOR THE EDITORS, AT THE FRANKLIN PRES |