WATERS OF THE DELAWARE. The Elizabethtown Journal of Tuesday says:

ed

the whole length of the bridge is 240 feet, and it con- There are some very good hints in this paragrap Now, if the duty on American grain and flour, lumber, tains 5741 perches of mason work. whiskey, fish, oil, rice, and fifty other things, was reducnine-tenths-there is no doubt that the British revenue, on the importation of these articles, would be much greater than it now amounts to! Some of these produce nothing-because they are prohibited; and others but little, on account the excessive taxes laid upon them. Tobacco, however, does well, though it pays a duty of more, than one thousand per cent.-a rate five times greater than Mr. Cambreleng's calculation about the important article called "paddings."

"The commissioners appointed by the legislatures of the states of New Jersey and Pennsylvania, for effecting an arrangement between the two states "for the mutual use of the waters of the river Delaware for canal and other purposes," have concluded an arrangement, which it is presumed will be quite satisfactory to all parties concerned. The agreement requires the sanction of the le"[Will it not also, require gislatures of the two states. that of the congress of the United States?]

OUB FOREIGN TRADE. It appears, from the official returns just published, that the amount of American tonnage employed in foreign trade during the year 1828, was 824,781 tons; being an increase compared with the previous year, of 77,611 tons. The increase from 1826 to 1827, was only 9,192; and from 1825 to 1826, only $7,190, Foreign tonnage employed in the American trade, 149,435. Total 974,216. Proportion of foreign tonnage to the whole amount of tonnage employed in the foreign trade of the United States, 15-3 to 100.

NATURAL ARISTOCRACY. Extract of a letter from John Adams to Thomas Jefferson, dated Oct. 28, 1813"I agree with you that there is natural aristocracy among men. The grounds of this are virtue and ta lents. Formerly, bodily powers gave place among the aristoi. But since the invention of gunpowder has armed the weak as well as the strong with missile death, bodily strength, like beauty, good humor, politeness, and other accomplishments, has become but an auxiliary ground of distinction. There is also an artificial aristocracy, founded on wealth and birth, without either virtue or talents; for with these it would belong to the first class. The natural aristocracy I consider as the most precious gift of nature, for the instruction, the trusts, and government of society. And, indeed, it would have been inconsistent in creation to have made man for the social state, manage the concerns of the society. May we not even say, that that form of government is the best which provides most effectually for a pure election of these natural aristoi into the offices of government? The artificial aristocracy is a mischievous ingredient in government, and provision should be made to prevent its asochdancy."

The greatest amount of American tonnage employed in foreign trade in any one year, was in 1810, when it stood at 984,269. In 1814, it was reduced to 674,632, in 1815, rose to 854,294, and again in 1818 was down to 606,088; since which time it has been constantly increas-and not to have provided virtue and wisdom enough to ing. The enrolled coasting tonnage is nearly or quite equal to that employed in foreign trade. Its increase has been more regular, and on the whole more rapid. The amount of steamboat tonnage in 1827, was 40,197 [Journal of Commerce.

tons.

[The decline in 1818 was only an apparent one. It was caused by a thorough correction of the tonnage tables, by which vessels lost or captured during the war, But what or worn out, were excluded from the account. has become of the tariff, that was to have ruined our navigation? is the law repealed, or prophecy laughed at?]

But if money, lands and slaves be not added, it is these, "the Almighty's noblemen," that certain politicians of the south would hold as white slaves. We shall severely revert to this subject, as soon as a little more space is allowed us.]

JEFFERSON'S MEMOIRS.

The London Chronicle takes the following notice of Jefferson's memoirs.

AUCTIONS. We are glad to see another spirited movement made in New York, to put town the dishonest and destructive auction system, as carried on in that city,by which nearly the whole business of importing British The memoirs and correspondence of Thomas Jefferdry-goods has been transferred from the hands of our own son, late president of the United States, are announced fellow citizens into those of irresponsible Englishmen for immediate publication by Messrs. Colburn and Bent"here to-day and gone to-morrow;" the great excellen-ley, of New Burlington street. Any circumstances reey in whose character is, that they understand how to import goods-that is, smuggle them, through the custom houses.

COMMERCE OF PORTLAND.

A late Portland Courier contains a list of the square rigged vessels belonging to that port, with their tonnage set against their respective names. The whole number of ships is 16tonnage, 5,080 tons; barques, 8-tonnage 2,056; brigs, 107-tonnage 22,663: total, 131 vessels, measuring 29,799 tons. The schooners and sloops belonging to the port are much more numerous than the square rigged vessels, perhaps three to one. The aggregate tonnage of the district is estimated, by persons qualified to judge, to be rising 50,000.

COLONIZATION SOCIETY. The treasurer of the Pennsylvania colonization society acknowledges the receipt of $2,691, subscriptions and donations, for the purpose of liberating the slaves offered to the American colonization society, on condition of their being sent to Liberia. Of the above sum, one subscriber has given $1000-on the plan of Gerrit Smith, payable in 10 annual instalments, one of $300 in the same manner, the remainder in donations of $200 and under.

HIGH DUTIES. A British paper says-As proof, among many, that excessive taxation defeats itself, it may be mentioned that, at this time, when the duty on French wines is 6s. a gallon, the produce to the revenue is greater than when it was 118. 5d: and that the duty on coffee, at 18. a pound, produced, in 1823, £398,708, whereas, when reduced m 1825 to 6d, the amount was £426,187.

specting an individual so famed in American annals, and so closely connected with the history of our country, will, we think, be perused with no small degree of curiosity.

"CONSPIRACY"-a law case. A trial of journeymen shoemakers has lately taken place in Franklin county, Pennsylvania, on a charge of conspiracy. The testimony adduced established the facts that there was a society existing in the county, which, by its numbers, had given great vexation during the last summer, (to their employers)-had attempted to raise their wages, had compelled their employers to fix on a bill of prices, from which none dare vary; that they compelled their employers to agree that they would employ no one who was not a member; that they attempted to prevent them from giving work to persons living in the country; that they drove from town a person who had been a member, but who deserted them; that the society corresponds with Similiar societies in Pittsburgh and other places, and that such societies existed in most of the towns.

The jury found the men guilty, and the court fined them in the mitigated penalty of $10 for one and $5 for the other.

LAW CASE. The verdict of the jury in the case of "Mitchell and others v. Baring and others," seems to have occasioned some surprise in the city. A bill from America for £500, at sixty days after sight, is drawn upon a person at Liverpool, but payable in London. The drawee refuses his acceptance in the first instance; but it is afterwards "accepted" by the house of Baring, "under protest for the honor of the drawers, and will be paid on

their account, if regularly protested and refused when due."

When the bill became due, it was again presented to the drawee at Liverpool, and by him protested for nonpayment. Ought the bill to have been protested in London, where it was payable, or not, before the Barings were called upon for payment? The jury seemed to think yes, in conformity with mercantile custom; lord Tenterden declared his having no doubt but that by the Jaw of the case the protest at Liverpool was sufficient, and that the Barings were therefore liable by their conditional acceptance, and the jury yielded. [Lond. Times.

CHURCH CONTROVERSY. Zanesville, Dec. 5. Considerable interest was shewn in a trial on Wednesday last, between certain members of the Methodist Episcopal church and the Methodist reformers. The contest was about the right of using a church in Springfield township, in this county, which was formerly occupied by the old Methodist society. The reformers claimed the right of using and did use it; when an action of trespase was brought against them. After much debate, the jury retired and remained out all night, when they brought in a verdict for the plaintiffs (the old society), damages one cent. This decision would debar the reformers from the right of using the old churches. This union of law and gospel in the court house, must be an unpleasant business to tender consciences. [Messenger.

UNITED STATES AND PORTUGAL. The Paris Journal des Debats has the following just remarks:-"The ministerial journals announce with an official joy that the government of the United States has received Don Miguel's envoy. The government of the U. States recognizes all the sovereignties de facto, as soon as the local resistance that strove against their establishment had ceased. In questions of legitimacy it never interferes. This is a singular precedent to be invoked by men who pretend to be the champions of legitimacy, and who have not feared, in the questions of Portugal, to violate all the principles thereof outrageously."

RISE OF PROPERTY. Prior to the completion of the Schuylkill navigation, this part of the country was considered a "barren and mountainous waste," not worthy the attention of capitalists, although it being known that its bowels was well stored with anthracite coal.Since the completion of the above improvement, the attention of capitalists has been drawn towards us, and property has risen in value, within the last five or six, years, at a rate almost unparalleled in this country, and is now selling at prices which would stagger the belief of the most credulous, were it not in our power to substantiate our statements with illustrations derived from occular proof.

Five years ago, the "Peacock" tract of coal land, belonging to the New York and Schuylkill coal company, was purchased by them for the sum of 9,000 dollars. Last week it was sold and bought in by the original seller for sum of 42,000 dollars. The present owner, we understand, would not dispose of it for 70,000 dollars.

A tract of 120 acres, on the Broad mountain, was disposed of for the sum of 12,000 dollars, which was bought nine months ago for 1,400 dollars.

One fourth of another tract of 450 acres, on the Broad mountain, has been disposed of for 9,000 dollars, at which rate the whole tract would be worth 36,000 dollars. But this estimate is too low-the remaining three fourths will bring that sum alone at the present time. This tract was purchased about six years ago for 190.

A tract on the west branch sold for 6,000 dollars, which was purchased nine months ago for 700 dollars.

PENNSYLVANIA. We see it estimated that the amount of loans, effected by this state, on account of roads and canals, now amount to $6,300,000-that, on the 1st Feb. 1331, they will rise to 9,300,000-and that it will yet require three millions more to complete the state works. It is supposed that 400 miles of canals will be completed in 1830-we should think that these ought to yield a handsome revenue in that year. The Schuylkill pavigation company have received 120,000 dollars in tolls, in the present year.

The report of the canal commissioners-a long but interesting article, is received. It is computed that $65,000 will be collected in tolls, within the ensuing year. It is estimated that the state is indebted to contractors $1,399,790 67, for which certificates have been issued to the amount of $845,410 64, and there remains yet to be finished by the contractors, what will amount fo $2,060,742 395.

The Philadelphia auctioneers paid into the state trea sury $37,644 52, as the duties which accrued in the three months of Sept. Oct. and Nov. last.

PITTSBURG. From the Gazette, of Nov. 24. On the 22d of Nov. 1753, General Washington, on his way to the French commandant at Le Bauf, arrived at Frazier's, at the mouth of Turtle creek, and on the next day he arrived at "The Forks," where our city now stands.

On the 24th Nov. 1753, just seventy-six years ago this day, he went from "The Forks" to the residence of Shingiss, king of the Delawares, near M'Kee's Rocks; and on the same day he and his interpreter, John Davidson, accompanied by king Shingiss proceeded to Loggstown.

On the 24th Nov. 1758, just seventy-one years ago to-day, the French troops stationed here abandoned Fort du Quesne, upon the approach of Gen. Forbes, and on the next day, (Nov. 25th,) that general took pos

session of it.

We learn that a petition is about to be presented to the legislature of Pennslyvania, from the people of the city of Pittsburg and adjacent counties, urging the construction of a canal from that city to the mouth of the Mahoning, where it will join a branch from nal. The cost of the construction of this branch the Portage summit level of the great Ohio cain Ohio, is estimated at 764,000 dollars; and it is be

Another tract sold for 16,000 dollars, which was pur-lieved that the Pennsylvania canal may be extended

chased nine months ago for 1,000 dollars.
All these sales have taken place within the last week,
besides several others, of which we have not heard the
particulars.
[Miners Jour.

BOSTON. There are 17 banks in this city. A late statement shews that they have 2,085,629 dollars of their bills in circulation, and 661,765 dollars in specie, on hand.

to the state line to meet it, for about the same sum. Thus there would be made a prompt communication

with Lake Erie.

The project is important, and we wish complete success to it. The opening of all such avenues through the country, invigorates and adds wealth to the whole, and unites the people of different states by strong ties of mutual interests, thus harmonizing

and strengthening the republic, and advancing the value and profit of labor-at once the origin and sup port of wealth and power.

INDIANA. We have a copy of gov. Ray's message to the legislature. It fills fourteen and a half closely printed columns of a newspaper, and is divided into various subjects, under separate heads.

The governor gives it as his opinion, that the state has gained about 65,700 souls by emigration, during the last year, and not less than 5,000 by natural in

crease.

MISSOURI, by the census of last year was found to have 112,409 inhabitants. The free are not distinguished from the slaves, in the account before us.

MICHIGAN. This territory is rapidly settling with a hardy race of intelligent freemen, and improvement, of course, goes on handsomely. We received last week, a very neatly printed paper from a place called Ann Arbour, which we never heard of before. The village is located in Washtenaw county, and this paper, the "Western Emigrant," is appointed to publish the laws of the territory.

NEW DISCOVERY. We copied an article from the London Standard, a few days since, stating that capt. Foster of the British discovery brig Chanticleer, had visited an extensive island a little south of the Shetland Group, and had taken formal possession of it in the name of his sovereign, as a new discovery. A writer in the New-York Mercantile Advertiser says, that this island has long been known to the American whalers, it having been first discovered and visited by a ship from Nantucket, in 1816; many of the officers and crew of which, are now ready to attest to the fact.

[New Bedford Mercury.

cult"--and urges forbearance, that the "prejudice of a considerable portion of our country" be not offended; but if congress shall neglect or refuse to act on the subject, then the state should exert its "sovereign authority," &c.

That part of the law of the last session, which prohibited Indian testimony, has been repealed-81 to A protest against this was entered by the minority, the proceedings concerning which appear to have been rather violent.

43.

It is with much pleasure that we note these things. A mild and magnanimous deportment towards an unhappy race of men, will more speedily accomplish the wishes of the people of Georgia, than severe and vengeful proceedings. It is of great importance to the Indians, that time should be allowed them for serious reflection and due preparation, and a reasonable allowance of it cannot effect either the interests or the rights of the state;for certainly, the Indian lands are not yet needed because of the density of the population! And if the "red men" can be removed by persuasion, or the apparent necessity of retiring from the whites, for the preservation of their race-how much better will it "tell in history," than that they should be driven from the "tombs of their fathers," by the point of the bayonet?

Some further proceedings, however, were had which we do not yet know the fate of.

THE NEXT PRESIDENCY. From the New York Conrier and Enquirer of Dec. 19.-Some of the western papers, in commenting on the president's message, appear to take it for granted that general Jackson will not be a candidate for re-election, and ask "who is to be his suc cessor?-will New York be recreant to herself and forget the claims of the secretary of state?" We think that the time has not arrived to discuss these questions, and we hope they will not be agitated until the intentions of our worthy chief magistrate, in relation to a re-election, have been definitively declared. He unquestionably is the choice of the people over any other person in the United States, and, if his health will permit, he will no doubt consent to serve another term.

BROAD RIMMED WHEELS. A practical farmer writes us from Troy, that the experience of the last two years has fully convinced him of the entire superiority of broad over narrow rimmed wheels. Our correspondent states, that for a long course of years he has been in the habit of drawing from. 100 to 200 cords of wood When the time arrives, however, for this state to act. cach year, 6 or 7 miles to market, and that he finds that on these questions, we can assure our western friends he can now carry 12 or 14 feet of wood with the same that she will be true to herself and to the republican parteam, the same distance, with as much ease, as, when he ty throughout the United States. Her claims are great, used narrow wheels, he could draw 8 or 10 feet.-He and so well understood, that we have no fears but her thinks also that 100 lbs of iron will last longer on the wishes on this all important question will be promptly wide wheels than 200 will on the narrow; and he seems met by those states with which she has so often acted in confident that all who will test the comparative merits of concert, and to which she has so repeatedly yielded her the two kinds of wheels as thoroughly as he has done, just pretensions. So much for her claims as a state. will come to the same conclusion. As the law respect-But independent of these claims, the talents and qualifiing broad rimmed wheels is soon to take effect, it is gra- cations of Martin Van Buren; his stern republican printifying to have the sanction of so competent and expe- ciples and unwavering consistency; his industry and legal rienced a judge, for believing that all dissatisfaction will acquirements; his knowledge of men and measures-unite oease upon a fair trial of advantages and utility. to place him before the people as a suitable candidate for the presidency, when the proper time shall have arrived. The United States Telegraph of the 22nd, says-We regret to see, in the Courier and Enquirer, an editorial article, which will no doubt be considered as a formal and authorised annunciation of Mr. Van Buren, as a candidate for the presidency. We regret it because its tendency will be to encourage the hopes of those who, relying on a division in the republican party, calculate upon holding the balance of power, and thus, to use the words of Mr. Clay, "obtaining the control" of the choice of the next president. The article is, in every sense, indiscreet, because it cannot benefit the individual whom it professes to serve, and is directly in conflict with his We know that no one is more opposed known opinions. to the agitation of that question than Mr. Van Buren, and that he permits no fit opportunity of discountenancing and discouraging it, to pass by unimproved. The "Courier" has not yet, as we have seen, responded to the reproof of the "Telegraph." It will be recollected that the editors of these papers have sometimes disagreed in opinion.

PRINCE WILLIAM, of Wirtemburg, already known from his travels through certain parts of the United States, has again arrived at New Orleans, for the special purpose of examining the Upper Missouri, of passing the Rocky Mountains and going on to the Pacific.

INDIANS IN GEORGIA. In a message of the governor, communicating certain information relative to Indian affairs-he very decidedly maintains the rights of the state, as asserted in the different proceedings had in the legislature, as to jurisdiction, &c. over the lands held by the Indians; but recommends moderation saying, that the rights of the state will not suffer, if their enforcement shall be a little delayed. He wish es to allow time to the general government to fulfil its compact with the state, which he believes that there is an entire disposition to do. He says-the humane and intelligent are every where concurring with the views of the government," in giving to the Indians a permanent location west of the Mississippi. THE PRESBYTERIAN SYNOD of the province of Ulster, He regards the whole subject as "delicate and diffi- in Ireland, has for some years been agitated by the dis

cussion of questions connected with Unitarianism, on which the synod has been nearly equally divided. This question has insinuated itself so generally into the business of the synod that it has made but slow progress. At length they have agreed to a separation, upon amicable terms, securing to each of the parties a portion of the funds and such rights as were claimed.-This is an important event in the Christian world. [Philad. paper.

INTERESTING ITEMS.

A hardened villian, has been preying upon the labor ing poor in Boston, by advertising for laborers on the Baltimore and Ohio rail road and Chesapeake and Ohio canal, of which companies he pretended to be the agent, The persons duped received a certificate from the scoundrel, having paid the passage money in advance, that they were engaged to work on these improvements, specifying the vessel in which they were to sail, &c. The day of sailing arrived, when it was discovered that a vessel had not been provided, and that the whole affair was a villianous cheat.

Commerce of the east. A vessel has cleared from Boston for Constantinople, with a view, it is said, of passing through the Black sea, "and gathering the fruits of the opening harvest."

HORRIBLE CASE. From a London paper. On Wednesday morning, between nine and ten o'clock, a female was observed walking backwards and forwards on the margin of the new river, near the city road, by two men who had taken shelter from a shower of rain and snow. They saw the poor creature tie her clothes with a piece of string, and she afterwards took off her bonnet and leaped into the water. They ran to the spot, and both Yale college. The annual catalogue gives the followplunged into the river, and got her out after she had been ing as a list of students in this venerable institution. The immersed for about five minutes. She was taken to theological students, 47, law students, 21; medical students, Blue Coat Boy public house, in a state of finsensibility, 61; resident graduates, 6; seniors, 71; Juniors, 87; so and a surgeon was sent for, by whose exertions she was phomores, 95; freshmen, 106-total, 496. resuscitated. The poor creature had tasted no food for above three days, and had not slept in a bed for a fortnight. She is a native of Chigwell, in Essex, and her name is Elizabeth Warner. She had applied for parish relief, but was refused because she had no claim on any parish in London. She was also refused relief by the Mendicity society, because she had not qualified by begging. Had she applied to the Magdalen, she would have been refused the benefits of the institution, on the ground that she had not qualified by prostitution. She was taken to Islington workhouse, and, when she is quite recovered from the effects of her submersion, she will be removed to her parish.

The mountains of

THE KAMTSCHATKA MOUNTAINS. Kamtschatka, although surpassed in height by the lofty summits of the Andes and Himelaya, rank among the highest mountains of the globe, and appear even more elevated than others of an equal height, from their rising almost perpendicularly out of the plain, lifting their snowclad points immediately into the blue vault of heaven. These mountains moreover, now incessantly vomit forth fire and smoke from their summits. Karazakia, which is nearly as high as the peak of Teneriffe, ends in a columu of smoke which in the clearest night obscures the moon and stars. The Avatschanskaja never ceases to throw up masses of fire, a wondering spectacle for persons far and near since the year 1827, when the summit first opened. It is loftier than Montblanc, for it is 16,542 feet above the level of the sea, over which it spreads its ashes and smoke. But the advantage in point of grandeur, which it possesses over Montblanc, may be estimated on considering that instead of the thousand ice hills by which the latter is surrounded, the Avatschanskaja rises uninterruptedly as a cone, free and unbroken on all sides from the level of the sea.

Pedlars. The Milledgeville (Geo.) Journal, states that there are not less than 100 pedlars now operating in that state; and notwithstanding the law requires all such persons to take out a license, only 11 of the number have complied with the requisition. The fine for pedling without a license, is from $200 to $300.

Locomotive engines. Our countryman, Mr. Winans, has made further improvements in locomotive engines, which experienced engineers say must succeed. They can be made of any weight and power, and adapted to all kinds of roads.

Great yield. It is stated that Edward Lloyd, esq. of Talbot county, Eastern Shore, Md. has raised on his farm this year, eighty-five thousand bushels of corn, all of thre ed on that ground. best quality; a much larger crop than has ever been rais

Jugglers. The "fire king" has recently swallowed a tea spoon full of Prussic acid, without any bad conse quences, though four drops of the same liquid almost instantly killed a cat. A man in New Orleans is amusing the citizens by dining on red hot coals!

Quicksilver. In January last, professor Hansteen, in his journey through Siberia, exposed three pounds of quicksilver to the full effects of the air, and it was frozen into a compact mass during the night. "It is eertainly no slight testimony to the enthusiasm with which in these days scientific results are pursued, to state, that in an atmosphere where mercury was thus frozen solid, the professor daily passed the hour after sunrise, in making observations and experiments in the open air. All the brass screws, however, of his instruments were covered with leather, as the mere touch of the finger to the naked metal scorched like a red-hot iron, and invariably left a blister behind."

Capt. Hall. The Westminster Review for October, contains a liberal article on Hall's Travels in the United rations and admissions, lead us, in spite of prejudices (o States. The Reviewer says: "The author's own declathe contrary, to acknowledge, that of all people in the world, the Americans are the most truly polite and well bred. (The captain has made a bad cruize of it.)

SIERRA LEONE. Accounts have been received from Sierra Leone (says a London paper) of the death of major Ricketts, royal African colonial corps, the Lieutenant governor of Sierra Leone. This is the seventh governor of that ill-fated colony, who died since 1824. At the present moment there is not a single white roan left out of the regiment; and of all the officers who came from British sheep-Weyhill fair-from a London paper of the line in 1824, three only are lett-captain Fraser, and Oct. 18. If this great annual mart be allowed to be a fair lieutenants Berwick and Burrows. A dreadful mortali-indication of the times, they are deplorable indeed. Upty, unequalled in any regiment in the world.

wards of 150,000 sheep were exhibited for sale on Satur day, for a great portion of which not even a price was GREEN AND PULASKI MONUMENT. Messrs. Master- asked, and those which were sold were at prices lower ton & Smith, of this city, have just completed this mon- by 5s. and 7s. per head under the low prices of last year, ument, and shipped the greater portion of it to Savan- 4s. per head cheaper than at the late Weyhill Lammas nah, where it will immediately be put up in Johnson's fair, and several shillings under the late Wilton fair. square. Its height is fifty feet, resting on a base twenty The general prices may be stated as under: feet by eleven. The pedestal is 8 feet 5 inches by 4 feet Down ewes from 18s. to 20s. some 50. 8 inches, rising 13 feet, and surmounted by a cornice of Down lambs 14s. to 20s. some 25. one foot. From the pedestal a needle rises 36 feet, which 189. to 25s. is 5 feet 4 inches by 3 feet at base, and 4 feet by 2 feet 3 inches at apex. The whole is finished in a manner calculated to do credit to the city, and is of the most durable material. The needle is composed of only seven pieces, each of which weighs more than 8000 pounds! IN. Y. Courier.

26s. to 339.

Two-tooth wethers Four-tooth [These prices, without regard to the difference in the value of money, (which is less in the United States than in England), are much greater than can be obtained for equally valuable sheep in our own country. Some of our highly improved focks have been sold of at.

VIRGINIA CONVENTION.

less than 150 cents per head-thanks to the tariff of 1828, | sion may affect the tenure of that office, that the man designed "to protect the farmers!!!"-by slaughtering himself will not be affected by that consideration?their sheep. But suppose he is not affected by it: if the mere repeal of a law, and the making some change in the orThe following is the speech of chief justice Mar-ganization of his court, is to remove him, that these circumstances will not recur perpetually? I acknowledge, that in my judgment, the whole good which may grow out of this convention, be it what it may, will never compensate for the evil of changing the tenure of the judicial office.

shall, on the important subject of the INDEPENDENCE OF THE JUDICIARY, delivered on Friday the 11th ult. How fortunate that some of the sages almost of another age, yet linger in these days of reform to speak the language of political wisdom, in words of truth and soberness!

Mr. Marshall now rose and addressed the committee in nearly the following terms:

The gentleman from Orange placed his argument upon this ground-that to impose such a restraint upon the legislature was to make an imputation upon the legislature which he would not make-he did not The gentleman from Chesterfield, has understood suppose it possible they would act in that manner, the language of these resolutions correctly. No doubt and he would not provide against it. For what do was entertained in the judicial committee that the you make a constitution? If your confidence is comwhole subject of the jurisdiction of the courts and the plete and no provision is necessary against misdoing change of their form should be submitted entirely to and no imputation is to be cast upon the legislature, the legislature. There was no question on the sub- why are we making another constitution? Consider ject. When I first heard the amendment of the gen- how far this argument extends. In the 10th resolutleman from Norfolk, I had no objection to it except tion of the legislative committee, you say that no bilk that this court of appeals had been long known to of attainder or ex post facto law shall be passed. the constitution of Virginia, and ought to be retained, What a calumny is here upon the legislature of the unless there was some utility in the change. As to gentleman's native state! Do you believe that the the consideration that there had been a regular and legislature will pass a bill of attainder, or an ex post fixed construction of the constitution of the U. States facto law? Do you believe that they will pass a law for a great length of time, that was no reason to impairing the obligation of contracts? If not, why change the title of court of appeals, because the con- provide against it? Does not the principle of the stitution of Virginia, had been in existence for a still gentleman from Orange apply as much to this case longer time. But though my original objection to as to the other? You declare that the legislature the change had been only that it was unnecessary, shall not take private property for the public use when I heard the gentleman's argument I felt more. without just compensation: do you believe that the I shall not enter on the question, whether the con- legislature will put forth their grasp upon private struction of the federal constitution, by the congress property, without compensation? Certainly I do not of the U. S. is correct, or whether it will be adhered There is as little reason to believe they will do such to or not.. That question I shall not touch-it is not an act as this, as there is to believe that a legislature before the committee. We act on the presumption, will offend against a judge who has given a decision that that construction might be adopted, and we have against some favorite opinion and favorite measureprovided against it. The argument of the gentleman of theirs, or against a popular individual who has goes to prove, not only that there is no such thing, as almost led the legislature by his tenets and influence.. judicial independence, but that there ought not to be I am persuaded there is at least as much danger that no such thing; that it is unwise and improvident to they will lay hold on such an individual, as that they make the tenure of the judge's office to continus du- will condemn a man to death for doing that which ring good behaviour.. That is the effect of his argu- when he committed it was no crime. The gentleman ment. His argument goes to prove, not only that says it is impossible the legislature should ever think there is no such thing, but that it is unwise that there of doing such a thing Why then expunge the proshould be. I have grown old in the opinion, that hibition? He replies, the benefit to be obtained iss there is nothing more dear to Virginia, or ought to be this, that it is possible the legislature may create dearer to her statesmen, and that the best interests judges whom they afterwards discover to be useless: of our country are secured by it. Advert, sir, to the they discern their error, but if this clause is retained). duties of a judge. He has to pass between the gov- they cannot retrace the step and abolish their own ernment, and the man whom that government is pro- work. Is this probable? in the history of this coun-secuting: between the most powerful individual in try, judges are known to be charged with duties ther the community, and the poorest and most unpopular. are scarcely equal to: there are no surplus judges. It is of the last importance, that in the exercise of The office does not descend to the family and mul these duties, he should. observe the utmost fairness. tiply with it. All the judges are created by a legis~ Need I press the necessity of this? does not every lative act: and they may as well abolish a court tow man feel that his own personal security and the secu- get rid of a judge, as create a court to make a judges. rity of his property depends on that fairness. The There can be no just fear that unnecessary judges judicial department comes home in its effects to eve- will be created-it is not the tendency of our situa ry man's fireside; it passes on his property, his repu- tion and our government-(The danger that they tation, his life, his all. Is it not to the last degree will be left dependent, is more probable): but if it: important, that he should be rendered perfectly and does arise its provided against by the 8th resolute. completely independent, with nothing to influence or tion control him but God and his conscience? You do not allow a man to perform the duties of a jaryman or a judge, if he has one dollar of interest in the matter to be decided; and will you allow a judge to give a decision when his office may depend upon it? when his decision may offend a powerful and influential man? Your salaries do not allow any of your judges to lay up for his old age; the longer he remains in office, the more dependant he becomes upon his of fice. He wishes to retain it; if he did not wish to retain it, he would not have accepted it. And will You make me believe, that if the manner of his deci

I see no utility in the amendment of the gentleman: from Norfolk: it will change the established appella-tion of the court long settled in our own constitution.. Be this however as it may, nothing can be in my ap prehension more mischievous than to expunge that: clause with the views that gentleman entertains. Hias design is, professedly and avowedly, to leave all the: judges, but the judges of the court of appeals, (and them too as I believe will be the fact) to the power of the legislature. There is this difference; the removal of a judge is an unpleasant task-it usually occasions some reluctance but merely to take away!