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THIRD SERIES No 10-VOL. VI.]

BALTIMORE, MAY 6, 1926.

[VOL. XXX. WHOLE No. 764

THE PAST-THE PRESENT-FOR THE FUTURE.

EDITED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

We congratulate the public on the termina- Chili and Peru, and these speeches will be printed tion of the Panama affair-the senate has rejected and published so that every one who reads shall bethe amendment proposed by Mr. Branch, and passed the appropriation bill, as it passed the house of representatives. See proceedings.

come possessed of them; and if ever the time arrives when Cuba is liberated from the dominion of Spain, and made an independent state, or becomes a member of the Mexican or Colombian confederacy, "SOUTHERN INTERESTS.' "We give below, brief ex- and we should unhappily come into hostile contact tracts from the speeches of Messrs Berrien, of Geo. with these republics for either of them--then will Hayne, of S. C. and Brent, of Lou. on the "Panama these speeches be used to rouse the hate and indig Question," and with special relation to what is called nation of their people, and stimulate them to accomsouthern interests." Our views of that question, plish that special thing so much dreaded by us. And with reference to those interests, have coincided why shall they not do it, if they can? Has not even with Mr. Brent's, ever since the subject was agitated; the enlightened government of Great Britain repeatand we have been astonished that southern gentlemen, edly excited slaves to revolt, plunder or massacre after seeing the documents, (and especially Mr. Clay's their masters-did not that government entice them able letter to Mr. Middleton, written only two month's away and use them for warlike operations against us and four days after the organization of the present during the late contest-did it not purchase the scalps administration], should stand opposed to the Panama of women and children, and carry on a war of indis mission, because of their fears that the people of criminate slaughter and death on our frontiers? Can the new states, (who Mr. Berrien has unhappily cal- better things be expected of the Mexicans or Coled "buccaniers, drunk with their new born liberty," lombians than of the British? Why invite or promay dispossess their enemy, Spain, of the island of voke events which we esteem it so horrible to think of? Cuba! It is manifest-as though an angel had traced Of all the people of the United States, those of the it with a pencil of light, unless to suppose what it is south have the deepest interest in the preservation of impossible to believe, that the public papers submit- a kind feeling with those of Mexico and Colombia. ted to congress are recent fabrications, and that the The trade of those countries is, and will be, immensely president and secretary of state have both wantonly important to the eastern, middle and western sections sported with all that is honorable, honest or just, and of our country; but peace and a good understanding without any object for it-that a leading purpose of with them may be vitally so to the inhabitants of the the administration, in sending ministers to Panama, southern; and the proceedings had upon the proposed was to avert the conquest of Cuba, by the Mexicans mission to Panama, as they relate to the slave population and Colombians, and so defend our southern country in the south, partakes of that sort of infatuation or from the fearful consequences that may follow a madness, that seizes upon a Javanese, when he runs liberation of the slaves in that island; and, when the what is called a "muck" and endeavors to stab and ministers shall return, and their proceedings are pub- to kill every one that he meets, until some one puts lished, as we hope that they may, we venture to pre- an end to his infatuation by destroying him. On diet, that the people of the south will be alarmed at constitutional grounds, perhaps-and, surely, as a ques this opposition to a measure intended more to protect tion of expediency, the mission might be opposed; and their peace, than for any other purpose whatsoever. so, we must hope, and are bound to believe, that it Whence the propriety, or necessity, of those severe was opposed by some as cool-headed and good men terms which Messrs. Randolph, Berrien, Hayne, and as congress can boast of-but the arrayment of the others, have used, when speaking of the new repub-south, in the senate, in opposition to the measure, belics, or in referring to negro slavery? Bolivar, Sucre, cause that the south abounds with slaves, is the most Victoria, and others, will compare, without disadvan- extraordinary organization of an opposition that we tage, even with our own most distinguished and best ever heard of if there is reality in that particular ground beloved patriots and heroes; and, surely, with those taken. But some will rather suppose, and many do gentlemen themselves: and when there are, in all the apprehend, that the slave question was FORCED into bew republics, a less quantity of negroes than in the the discussions of the senate, more with a view to single state of Virginia, why is the liberation of this excite a local feeling, or sectional jealousy, and so small portion of people so much reprobated? Their bring about unity of action on political subjects at home, color, if it is that which offends, will soon disappear than because of danger anticipated from abroad; and in the mass of the population; and the "mixed blood" for this reason, that, while the sending of ministers of whites and Indians, cannot be objected to by one to Panama may have some effect to prevent a loss of who glories that his own blood is thus mixed. And Cuba to Spain, and a liberation of the slaves therein, tvhat have we to do with this affair at all? What it cannot have any possible tendency, or effect, to right, or, and aye, what POWER, hare we to interfere? bring about either event. The congress will be held Will the hard speeches in congress, or the refusal to whether we attend it or not; and Mexico and Cosend ministers to Panama, avail any thing in arresting lombia will "manage their own affairs in their own the progress of events in Mexico and South Ameri- way." We may rightfully interfere to persuade them ca? About as much, we apprehend, as the desire of to suffer Cuba to remain as it is-but cannot claim a French nobleman, expressed to an astronomer, or exert any right to prevent them from carrying on that he would cause another eclipse of the sun, for the war against their enemy Spain, as they shall think the gratification of some ladies whom he had brought best, to force an acknowledgement of their indepento the observatory to witness one which had just dence and bring about peace. What would we have taken place before they arrived! But such speeches said to the minister of a foreign power, if he had inand such refusal may do a great deal of harm-the terfered, except in a very good humored way, infirst WILL do a great deal of harm. There is a strong decd, to prevent our attacking Canada, as the nest of interest, a very strong and rival interest, opposed to our enemy, in the revolutionary war with Great Britain? our interest in Mexico, Colombia, Buenos Ayres, We should have said "mind your own business and VOL. XXX.. -10,

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we will mind our's." Cuba is, essentially, the nest of the whole people of these United States have hailed the power of Spain to injure the new republics-and, their march to freedom with unbounded joy-our unless Spain speedily gives up the contest, we should ship-owners and merchants, manufacturers and grain esteem it highly indecorous and justly offensive to growers, mechanics and artists of every description, the sovereignty of the new states, to interpose our influenced as well by principle as interest, and every selves between them and their designs on Cuba. In one as feeling his own liberty more safe because of deed, we could not-would not, interfere in that case, the increase of free nations, all which may yet be though at present we may. Why then, neglect the compelled to defend themselves against that infernal present opportunity? For what? Heaven forbid, conspiracy of kings to brutalize the world, which is that so great a hazard of the public peace should be called the "holy alliance," though he that was the made because of a personal opposition to one indivi- soul of it is as the beggar who perishes on a dunghill. dual or a personal preference for another! I repeat Can we go back from all these things? shall we incur it-the Panama mission can be opposed with that so great a loss of reputation, and of interest, and properfect right which every one has to make up an opi- voke the enmity of these powers, which may do the nion for himself, because of a fear that it may change most to bring about a servile war in our own land, the policy of our government, or bring about entan- because one gentleman was elected president of the glements with foreign nations; but, as Mr. Brent U. States, and some other gentleman was not, though observes, the mission is evidently "for the protection of we can put the one out or place any other in, a short southern interests," and it is impossible for us to disco- time bence, and without the least difficulty, if it shall ver how our want of courtesy to the new republics please the states and the people so to do?" may have effect to retard their operations against Cu-j ba; and the "firm union of the south," in the senate, on this memorable occasion, so far as it respects the special matter stated, is, in our estimation a most signal triumph of political feeling over a regard for personal safety.

[The italics used in the following extracts are used in the original publication of the speeches.] Extract from the speech of Mr. Berrien, in the senate. "When we look to the situation of the islands of Cuba and Porto Rico-to the commanding position which they occupy, with reference to the commerce of the West Indies we cannot be indifferent to the change of their condition. But when we reflect that they are in juxta position, to a portion of this union, where slavery exists; that the proposed change is to be effected by a people, whose fundamental maxim it is, that he who would tolerate slavery is unworthy to be free; that the principle of universal emancipation must march in the van of the invading force, and that all the horrors of a servile war will too surely follow in its train-these merely commercial considerations sink into insignificance they are swallowed up in the magnitude of the danger with which we are menaced.

Our readers will see, by turning to pages 1 and 33, of the present volume, that we have so regarded this subject, from the first moment when it was known, by the strange speech of Mr. Randolph, that the "slave question" was any way presented as an objection to the mission. It is, we must suppose, the very last ground that the south should have taken against the administration, being in the face of every fact that bears upon the matter in general, and as manifesting a palpable neglect to do the only thing which we can do, to prevent the calamity which the south is represented as fearing; and several members of congress said they were strongly tempted to vote against the mission because of these things. But this is a feeling that must not be indulged. Political differences may not be allowed to endanger the safety of the republic; and the truth will soon and certain ly appear to all the people of the United States, as it has appeared to Mr. Brent-as a great effort on the part "Prepeat the question-can you suffer this thing, of the administration to preserve Cuba to Spain, and oth-consistently with the duty which you owe to Marywise secure the saftey of the south. land, to Virginia, to Kentucky, to Missouri, to TeaWe have not seen or heard any thing like a rea-nessee, to North and South Carolina, to Georgia, to son why this mission should not be thus regarded. Alabama, to Mississippi, to Louisiana, and to Florida? None of the many words uttered about it, touch this Nay sir, New England, securely as she feels on this point with effect. Some of the arguments concerning subject, is not without interest in the result. A nuthe expediency of the measure, as a great political merous colony of her sons, are, at this moment, toilprocedure, are highly honorable to the talents of gen- ing in temporary exile, beneath the fervid sun of Cuilemen who, so skilfully and powerfully used them, ba. If the horrors of St. Domingo are to be re-actand are entitled to great respect; but this declarationed in that beautiful island, they will be its first vicabout slavery, and rant, is excessively obnoxious to tims.

"Sir, under such circumstances, the question to be determined is this: with a due regard to the safety of the southern states, can you suffer these islands to pass into the hands of buccaniers, drunk with their new born kberty.

every principle of sound policy and indeed in opposi "What then is our obvious policy? Cuba and Portion to itself! If revolution in Cuba is really fear- to Rico must remain as they are. To Europe, the preed-let the sole means that we possess be used to pre-sident has distinctly said, "we cannot allow a transfec vent it-our incans are only persuasive. The abuse of Cuba to any European power." We must hold a of a man like BOLIVAR-and the calling of him a language equally decisive to the Spanish American "buccanier," and by senators of the United States, will not conciliate him and those who almost idolize him, for his glorious disinterestedness, astonishing perseverance, manly and humane disposition, and undoubted military skill and valor. Besides, do we not owe something to our own love of liberty-to our own consistency? By almost unanimous votes, we acknowledged the independence of the new states

*On the vote to acknowledge the independence of the new American states, every member of the house of representatives present, save one, (Mr. Garnett, of Virginia), recorded his name in the affirmativeMarch 28, 1822. See REGISTER, vol. XXII, page 80. When the bill appropriating money for the outfit and salary of ministers to those states came before

states. We cannot allow their principle of universal emancipation to be called into activity, in a situation where its contagion, "from our neighborhood, would be dangerous to our quiet and safety" The president would brave the power of England, to prevent her acquisition of Cuba-and why, sir! To keep the receipts of our custom house at their maximumto preserve our commerce and navigation. Will he quail before the new republics of the south, when a dearer interest is at stake?

"I know, sir-the documents before us prove it

the senate, only three gentlemen, Messrs. Lloyd, of Maryland, Macon, of North Carolina, and Smith of South Carolina, voted against it. See same vol. page 155.

that we have been exhibiting the character of a poli- can permit, any interference, whatever, in their doZical busy-body, in the cabinets of Europe and Ameri-mestic concerns, and that the very day on which the ca. I know, sir-the documents before us prove it-unhallowed attempt shall be made by the authorities that in the progress of this splendid diplomatic cam- of the federal government, we will consider ourselves paign, certain declarations have been made to the dif- as driven from the union."

ferent powers, cis-Atlantic and trans-Atlantic, which

in opposition to the amendment proposed by Mr. McLane.

it may be difficult to reconcile. But, so far as they The speech of Mr. Brent, in the house of representatives, conflict with the duty which we owe to ourselves, they must be reconciled. The safety of the southern portion of this union, must not be sacrificed to a passion Mr. chairman, there is one subject to the discussed for diplomacy. The United States are yet free from at the congress at Panama, in which I feel a deep interthese diplomatic fetters. They are not pledged. We est, as being one of the representatives of a southern have entered into no bonds. If it shall consist with state, I allude to the condition of the islands of Cuba our interest, that Cuba should pass into the hands of and Porto Rico. If the amendment now before the England or of France, rather than to see another Hay- committee should be adopted, our ministers will be tien republic erected there, we are free to permit it. prevented from taking any part, or making any reIf our interests, and our safety, shall require us to say monstrance upon that subject, and for this reason, if to these new republics-Cuba and Puerto Rico must for none other, I am opposed to that amendment. Sir, the remain as they are, we are free to say it. Yes, sir, and condition of the island of Cuba, in the neighborhood by the blessing of God, and the strength of our own of the state of Louisiana, one of whose representaarms, to enforce the declaration. And let me say to tives I am, excities my most liveliest anxieties. To gentlemen, these high considerations do require it. the destiny of Cuba, we are not indifferent. The vital interests of the south demand it-and the sympathies, our partiality for free and independent United States will be recreant from its duty, faithless governments, make us not indifferent to the condito the protection which it owes to the fairest portion tion of our fellowmen, the subjects of monarchy; unof this union, if it does not make this declaration, der any other circumstances, and differently situated, and enforce it. we would hail with pleasure the independence of "Sir, we must cut this Gordian knot. We must Cuba, but for reasons, Mr. chairman, which you as a relieve ourselves from these diplomatic fetters. We southern man feel, and the nation know, I should look must pledge ourselves, not to foreign nations, but to upon that event as connected with our interests and that portion of our own citizens who have a deep and with humanity, as one of the greatest evils which, in vital interest in this question, that the condition of the existing state of things, could befal the southern Cuba and Porto Rico shall remain unchanged. To states, and particularly the state of Louisiana. I the Spanish American states we must notify our deter-need not refer to the population of Cuba, to justify mination, in terms of perfect respect and good will, but still as our fixed determination."

Our

my fears. Sir, do you believe that if the republics of the south were to unite to aid Cuba in her independence, that its liberty would be achieved in peace and good feeling, between all, and without scenes of ruin, horror and desolation, too painful to be portrayed? Would not the signal for its independence be the watchword for another object? And how could it be restrained? Where would be the armed force to stop the bloody torrent?

Extract from the speech of Mr. Hayne, in the senate. The question of slavery is one, in all its bearings, of extreme delicacy, and concerning which I know of but a single wise and safe rule, either for the states in which it exists, or for the union. It must be considered and treated entirely as a DOMESTIC QUESTION. With respect to foreign nations, the language But, let us for a moment suppose, that the indepenof the United States ought to be, that it concerns the dence of Cuba should be effected without an attempt peace of our own political family, and therefore we by a certain part of its population to obtain the ascencannot permit it to be touched; and in respect to the dancy-Is it not reasonable for us to suppose that part slave-holding states, the only safe and constitutional of its population, as in the other South American reground on which they can stand, is, that they will not publics, would all be declared free, and, if so with permit it to be brought into question either by their the black population of Mexico, on the frontier of sister states, or by the federal government. It is a Louisiana, and Hayti and Cuba for neighbors, what matter, Mr. president, for ourselves. To touch it at would be the condition of the southern planters? Sir, all, is to violate our most sacred rights-to put in jeo- the very thought of the consequences flowing from pardy our dearest interests-the peace of our coun- such a state of things, excites feelings too heart-rendtry-the safety of our families, our altars, and our ing to be dwelt upon for one moment. I mast turn from firesides. Sir! on the question of our slave institu- them. To prevent such a state of things, and to retions, so often incidentally mentioned, I will take this monstrate with the South American republics against opportunity, once for all, to declare, in a few words, my their lending their aid to produce an event so filled own feelings and opinions. It is a subject to which I with evil to the southern states, and so shocking to always advert with extreme reluctance, and never, humanity, the president of the United States has except when it is forced upon me. On the present told us in his message, that "the condition of the isloccasion the subject has been forced upon our consi- ands of Cuba and Porto Rico is of deeper import, deration, and when called upon to give my sanction to and more immediate bearing upon the present interthe discussion by our ministers, (in connection with ests and future prospects of our union. The cora foreign congress), of questions so intimately con- respondence herewith transmitted, will show how nected with the welfare of those whom I represent, I earnestly it has engaged the attention of this governcannot consent to be silent. On the slave question, ment. The invasion of both those islands, by the my opinion is this: I consider our rights in that spe- united forces of Mexico and Colombia, is avowedly cies of property as not even open to discussion, among the objects to be matured by the belligerent either here or elsewhere; and, in respect to our duties, states at Panama. The convulsions to which, from (imposed by our situation,) we are not to be taught the peculiar composition of their population, they them by fanatics, religious or political. To call into would be liable, in the event of such au invasion, and question our rights, is grossly to violate them-to at- the danger therefrom resulting of their failing ultitempt to instruct us on this subject, is to insult us-nately into the hands of some European power other to dare to assail our institutions is wantonly to invade than Spain, will not admit of our looking at the con our peace. Let me solemnly declare, once for all, sequences to which the congress at Panama may lead that the southern states never will permit, and never with indifference. It is unnecessary to enlarge upon

this topic, or to say more than that all our efforts in reference to this interest, will be to preserve the existing state of things, the tranquility of the islands, and the pesce and security of their inhabitants."

I have been astonished, Mr. chairman, at the course of some genticmer from the south, in the other branch of congress, (for I suppose I can refer to their speeches as matter of history), in opposing this mission. Sir, not a voice from the south ought to be raised against it. It is suicide to do it. Is it not extraordinary that Lonisiana alone, of all the southern states, except Maryland, in the vote given in the other branch of this legislature, should have been in favor of this mission. Is it possible, that southern men so far forget the vital interests they represent, as to overlook them for other objects? Can an opposition to the present administration. be so prejudiced as not to see that this measure recommended by the president, is for the protection of our southern interests? No it is impossible, that they can overlook it, if they will divest themscives of all prejudices and calmly look at the attitude of affairs.

consisting of twenty-four members, two from each ward, and two from the town of Charlestown, chosen to collect funds by voluntary subscription, and to correspond with such committees as may be appointed, for the like purpose, in the other parts of the United States. The funds to be appropriated in such man. ner as the committee may deen most expedient for accomplishing the object for which they are to be raised.

We observe, by the Washington papers, that Messrs. Yates and McIntyre, have been appointed to conduct Mr. Jefferson's lottery. The tickets will be ready in a short time, and the particulars of the plan be made known. 11,480 chances are fixed at 10 dollars each.

TRIAL OF THE SHAKERS. On the 22d ult. came on before the supreme court, sitting at Worcester, the trial of John Warner and seven others, bead men of the society of Shakers in Harvard, on an indictment for having falsely unprisoned, assaulted and beaten Seth Babbit, a member of the society, from the year 1823, to the finding of the indictment. The particu It is said, by the opponents of the president, that lars of the case, as proved on an examination before he is hostile to our scutnern interests; and in their the justice of the peace, have been heretofore pubnewspapers and speeches here and elsewhere, it is shed. The defence was that Babbit was deranged, insinuated that he wishes to send ministers to Panama and the treatment he received was rendered neto form an alliance with the South American repub-cessary by the unfortunate state of his mind. The lies, to aid the independence of Cuba, by which a jury agreed in five minutes on a verdict of acquittal. vital blow would be given to the south. Sir, if I saw any thing like this, or that could make me believe it, I would be amongst the first men in the nation to raise my voice against his administration; for, no man has more southern prejudices or jealousies than myself-I acknowledge it. How can it be otherwise? My ancestors, my nativity, my education, my habits, and my feelings and interests were, and are, all southern. If such were the sentiments of the present administration, I think gentlemen could find something like facts to support their attacks upon it. I challenge them to do it. In what instance has such partiality been shown? In none. It exists alone in sion. their animated, heated, declarations. The people will judge for themselves, and will never be turned from the plain path of truth and correct judgment, as to men and measures, by any thing that can or will be said in the warmth of party feeling.

[Boston D. Adv. BANKING! In the British house of commons, on the 16th of March, Mr. M. Fitzgerald, an Irish member, mentioned in debate, that there was an instance of a bank established in Ireland, by an apothecary and a captain of dragoons, who, when they stopped payment, at the end of two years, had contrived to issue notes to the amount of 490,000 pounds sterling, though in commencing business, their joint capital consisted only of the proceeds derived from the sale of the apothecary's stock, and the captain's commis

NEW YORK. A great fire occurred in N. York on the morning of the 28th ult. It originated in what are termed the Exchange buildings, and, in a few hours, the whole immense structure was laid in ruins. The loss sustained is estimated at not less than $200,000; on which there was and insurance of one hundred and thirty-two thousand dollars.

MR. KING. We have understood, (says the National Journal), that Mr King, in consequence of his ill health, has determined to resign his mission to Eng- The N. Y. Commercial Advertiser says, "This fire land, and to ask leave to return to the United States. has disclosed the fact, that the owners of the buildWe have also understood that his request has beenings were most shamefully taken in by the builders, acceded to, and that he is expected to take his departure from England during the next month.

or that they attended far more to the outward ap pearance, and the magnitude of its structure, than to its durability. The whole mass of buildings were put THOMAS JEFFERSON. A large public meeting was up without carrying up the partition walls with brick, held in New York, at 12 o'clock on Monday, on the beyond the third story, as the law requires. Some of call of the mayor, to take measures for the relief, from these partitions were made of common deal boards, debt, of Mr. Jefferson's estate. The mayor was call- of slender workmanship. And the walls, which aped to the chair, and Jonathan Thompson was appoint-pcared so firm and beautiful to the dye, tumbled to ed secretary. After a very appropriate address from the chair, says the New York American, explanatory of the objects of the meeting; the recorder offered a series of resolutions, which he prefaced with a short and animated speech, expressive of the high sense of the country of the revolutionary services of the author of the declaration of independence, and his long public career, and concluding with a recommendation That a committee of twenty-four be named to receive Subscriptions, &c. These resolutions prevailed unanimously, and two gentlemen were appointed for cach ward.

pieces as though they had been laid only in sand.We never saw a building of its magnitude sooner consumed, and from the manner in which it tumbled to picces, it was soon ascertaiued to be what is called "a fireman's trap"

NEW PAPER. "The Times," a new daily paper, has made its appearance in New York. G. S. Silliman editor and proprietor.

BALTIMORE INSPECTIONS. The inspection of flour for the last week amounts to 14,245 whole, and 1,215 A meeting of the citizens of Boston was also conven- half barrels, of which 6,253 were from the Sused at Faneuil Hall, pursuant to notice, on the 20th quehanna; 1,429 barrels and 314 hogsheads of whis ult. to take into consideration the expediency of rais-key have been inspected, of which 676 barrels and ing funds for the relief of Mr. Jefferson. The meeting 285 hogsheads were from the Susquehanna. The was addressed by the moderator, and a committee, tobacco inspection is 2

eads.

STATISTICAL ITEMS. In 1800, Ohio, had about 5,000 totally obliterating the letters, was not an alteration, inhabitants-in 1820, upwards of 500,000-now pro-and that the defendant did not "aller" the brand-mark, bably 800,000. he only destroyed it, and had not therefore commit

Baltimore in 1665, had a population of 800; inted a breach of the statute. And so, replied the 1800, 26,515-in 1820, 62,727.

linois, by the late state census, had a population of 72,817; in 1820 it was 55,211.

Great Britain, in 1821, had a population of 14,471,802; the United States at the same period, contained upwards of 10,000,000.

The number of Methodists in the United States, in 1825, was 341,144; in 180S, the number was

144,590.

The national debt of Great Britain, in 1796, was $1,976,000,000; in 1924, it amounted to the enormous, sum of $3,703,000,000, or 834,000,000l. sterling. The Interest on this sum, at only 4 per cent. is 166,635,000 dollars, more than twice the whole amount of the United States public debt, which was 81,000,000 on the 1st January, 1826.

It is calculated that if the British debt were in one pound notes, a little more than 500 of which weigh a pound, it would require about 3,400 men to carry it. COMMERCIAL LAW CASE. Or merchants, shippers, exporters, inspectors of flour, &c. Last week, in the present April term of the court of common pleas of this city and county, before judge Irving and a jury, was tried an action of debt brought on the statute, "for the inspection of flour and meal," &c. to recover the penalty, (of $100), imposed on a breach of that statute. This statute is an important one to the mercantile and agricultural interests, and was passed to raise the credit and protect the character of New York flour, both at home and abroad. In providing inspectors and pointing out their duty, (2nd revised laws of N. York, 322), it says, among other directions, that "on all flour and meal injured in manufacturing or otherwise damaged, so as not to be fit for exportation, under any of the herein before enumerated qualities in the judgment of said inspector, he shall mark or brand on the same the word "bad." And in section 10th of said statute, (same book p. 323), it is declared, that "if any person shall alter or counterfeit any of the aforesaid brand marks, whether state or private, such person shall forfeit for every such offence, the sum of one hundred dollars"-one half of which is to go to the prosecutor, and the other half to the overseers of the poor, (or commissioner of the alms house in this city.)

The defendant is a merchant, and had shipped for exportation, some two or three hundred barrels of "bad" flour, which had been inspected and so brandmarked-which brand-mark "bad" it appeared, he had wholly cut out, or totaily obliterated by a cutting-knife, so that the barrels appeared as if they had never been marked or branded. There was some show of argument on the morality or immorality of the transaction, the plaintiff's counse! contending, that it was immoral, if not criminal, in the highest degree, and tended to injure the reputation of this country, in any and every place, where such bad flour might be passed off, either as good merchantable flour, as flour that was, at least, or even supposed by purchsers to be "bad," and was, to say the mildest thing of it, a breach of good faith; and the defendant's counsel arguing, that before the existence of this statute, it certainly could not have heen an offence, nor is their any immorality in it since. It is not matum in se, (bad or evil in itself), but only malum prohibitum, (only evil or bad because it is prohibited), and aside from the law or regalation, it could be no way culpable, much less criminal-all flour then being exported without any brand or mark whatever on the barrels or casks.

But the main point, on which the defendant's counsel relied for defence, was, that this culling out and

plaintiff's counsel, when a person had been charged with altering a title deed, it was denied, because, on producing the parchment on which the title-deed had been written, the ink had all been rubbed out by a rubber, and not a letter or character was left discernable on it. But it was decided, that this was an alteration, as well as a destruction of the letters, words and phrases, which conveyed the title; and although it was contended, that there was the very same substance, yet it is not the same thing, to any purpose or intent, which before constituted it a title-deed and not merely a piece of parchment, but was actually a different and another thing, which is all that alter means: alter, another, to make or cause a thing to be another, or different from what it was before in its use, effect or value. Verdict for the plaintiff, 100 dollars debt, and 6 cents costs.

N. B. Sundry separate suits had been commenced against the same defendant for the same penalty, in the case of each single brand altered, and several of them were on the calender ready for trial; but on this verdict's being pronounced, the defendant put in a plea of puis dorrein continuance in all the said other causes, setting forth, in effect, that all the alterations on all the barrels were made on one and the same day, and therefore constitute but one act, but one breach of the statute; and that, as one verdict had been rendered, no other or further penalty can be recovered on account of this transaction, or any part of it. It is understood, that the plaintiff will reply to this plea, denying that this verdict is a bar to the further proceedings in the other suits, or to a like recover in each, (see the word "any" in the statute above cited,) but he has not yet replied or answered, and of course the said other suits cannot be tried till the next term. [N. Y. Com. Ad.

FOREIGN NEWS.

From London and Paris papers to March 23, inclusive. Great Britain and Ireland. It was supposed that, on the 24th March, parliament would adjourn over to the 8th of April.

Mr. Fonblanque, in arguing a case at the bar of the house of lords, having spoken freely of a witness, received a letter from the witness' son, calling him a The lord chancelor called the liar and a scoundrel attention of the house to the subject, on the 23d, and moved that the writer of the letter be taken into custody for a breach of privilege. The motion was adopt

ed.

The king's health has much improved, and. in the opinion of his medical advisers, it will not be necessary to issue any more bulletins.

The Liverpool Advertiser, of the 23d March, states that business had not improved that week upon the activity of the preceding. On the contrary, prices have somewhat declined; and, owing to sereral failures in London, the confidence which had been felt in the rapid return of prosperity had been a little weakened.

A destructive fire occured in Liverpool, on the morning of the 20th of March.

The applications which had been made to the bank of England, for advances on goods, were not numerous. The money advanced was less than a quarter of million. The benefit, done by advances, was great in proportion to the amount. Nothing had been decided on respecting the branches of the bank in the country.

France. The king of France has decreed, that if any captain of a French vessel shall be guilty of transporting persons, with a view of selling them as slaves

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