July, 1849, as the several persons to whom these surveys were committed, were instructed to bring their operations to a close during the past season. This, however, it is believed they have not been able to do. It is therefore probable that another appropriation will have to be made at the next session. The working up of the materials collected into a full report, the analysis of the ores, preparation of maps, drawings, &c., together with the final publication, is yet to be provided for; and for these, at least twenty-five thousand dollars, we presume, will have to be expended.

This will make the total of what has been, and will have to be expended in the geological surveys of the mineral regions of Illinois, Iowa, Wisconsin, and Michigan, two hundred and twenty-five thousand dollars in money.

Until the reports shall have been completed and published, it cannot be said what may be the total area embraced in these several surveys; but as an approximation, it may be safely estimated not to exceed onehalf of that of the State of Missouri; and without intending to institute any invidious comparison, we do not hesitate to state it as our firm conviction that it does not equal the mineral region of this State in the value of its mineral resources, nor in the variety of its minerals, if it does even in extent.

The State of Missouri asks Congress to appropriate or donate her, in aid of her proposed survey, an amount of public lands, equal to one township in each land office district, which, as there are eight land districts, would be one hundred and eighty-five thousand three hundred and twenty acres; and this, at one dollar and twenty-five cents per acre, would amount to two hundred and thirty thousand four hundred dollars, being only five thousand four hundred dollars more than the estimated amount that will be required to cover the expense of the surveys in the four other States just mentioned.

This naked comparison does not however do justice to Missouri. Independent of her much greater area, the manner in which this survey will be conducted by this state, will be, we apprehend, on a much broader scientific basis, more deliberate and minute in its investigations, and therefore of more practical importance than those which have been made by the United States Geologists. We disclaim any want of confidence in the abilities or industry of the gentlemen who occupy this distinguished position, or any doubt but that their reports will add to the reputation they already enjoy. The difference that we anticipate, results from the different objects the two governments will have in view, in such surveys. With the United States Government, the primary object is to learn the extent and character of the minerals and mineral lands, as is evident from the acts authorizing the surveys; all other information is necessarily incidental or secondary. This is not the case with a properly conducted state survey. From natural causes Missouri may be an exception, but generally the agricultural, zoological, botanical and physical character of the country, takes precedence of its mineral resources properly speaking. A survey of Missouri will therefore not be merely a description of its mines, or metallurgic capacities, as is principally to be expected from the U. S. surveys, but will embrace, if properly conducted, every thing relating to its natural

history, agricultural, manufacturing and commercial capabilities. Such was the case with New York, and such we presume will be the case with the surveys of the states that have been since commenced. This is more especially necessary in a new country, because it is impossible to form a correct opinion of it, without knowing something of its character and natural productions, as well as the effects of cultivation and civilization upon it. The natural history and physical qualities of a country, indicate its capabilities of being made subservient to the uses of civilized man, and the difficulties he may anticipate in causing it to contribute to his necessities or luxuries. Three fifths of the state of Missouri may be considered as purely agricultural in its character, and the remaining two-fifths, probably equal in agricultural capabilities, to the average of the New England states. To make the mineral resources of such a country the paramount object of investigation, would be to neglect many of the most valuable purposes of a complete geological survey.

It is true that the most of the arguments used by us in favor of the memorial of the Legislature to Congress have been based upon the supposed mineral resources of the state; but this has not been from not having a due appreciation of the advantages its other interests will derive from this survey. It must be recollected that these articles are not written to convince our own citizens of the benefits they may expect from such a survey, this it is hoped and believed would be superfluous; but to show that the interest of the United States, will be promoted, by an act of common justice to Missouri. Our agricultural capacities are generally similar to those of the other western states of the same latitnde: although experience teaches us that such surveys are highly advantageous to the intelligent farmer, it is not certain that in this state it would increase very much the rate of sales of the public land. The increase which it would undoubtedly cause, in the produce of the acres under cultivation, would be a national benefit, but this is an argument that can be used with equal force by every public land state. It has not been deemed necessary therefore to dwell upon the subject above referred to, but it is a proper occasion to state that so far from being forgotten, they are considered to be amongst the most important objects of the survey to the state.

This is a favorable occasion to call attention to two other mineral productions, which there is every reason to believe will be found throughout what we have designated the agricultural portion. We refer to salt and coal. In our former article we indicated the demarcation between the two great geological, or rather economical divisions of the state. Salt springs burst forth throughout the whole of this line, with an uniformity of position and character sufficient to render it in the highest degree probable, indeed reasoning upon geological principles, we might say certain, that they belong to the formation in which they are found, and as this belongs to the agricultural portion of the state, that therefore by means of artisean wells, this important mineral

be had throughout the whole of this region. We called attention to this in our report to the Board of Internal Improvements in 1840, but as no subsequent explorations have been made in relation to it, it yet remains a question for determination. When salt was somewhat

more costly than it has been for some years past, these springs, though largely diluted as they must necessarily be, by surface water, were in many parts of the State profitably worked. Artisean wells by bringing us directly in contact with the salt from which they originate; or the mother water free from dilution, would in all probability, render salt works again valuable, supplying not only our own wants, but probably all the Upper Mississippi Valley.

The agricultural region covering what is scientifically called the carboneferous formation, abounds in bituminous coal, well adapted to manufacturing and domestic purposes. There is every reason to believe that it will be found throughout the whole of this region, and if the reports we have heard of it, can be relied on, the beds or deposits in some instances, are of extraordinary thickness. It is within my own observation, to know that it is frequently found in our western prairies very near the surface, affording a convenient and cheap fuel for the settlers. One of the beds crops out near St. Louis, from which a large portion of that consumed by her citizens and manufactories, is obtained. At the distance of about 300 feet, perhaps less, below this city there ought to be (speaking geologically) and in all probability there is another bed, corresponding in character with what is known as the Osage river or Cannel coal. The determination of this latter fact, which rest we know on the highest degree of probability, would be of great importance, as this coal would be preferred to all others for our steamboats, and by gas manufacturers.

These and great many other probabilities, remain to be determined by geoligical researches. They will all be embraced in a state survey, whilst many of them would be omitted, and others but incidently noticed by a survey, conducted as those of the mineral regions of IIlinois, Iowa, Wisconsin, and Michigan, under the authority of the United States Government have been. Missouri offers to do all that was required in these surveys, and much more. Upon what grounds can her proposition be rejected or neglected? The representatives of Missouri in Congress have evinced a liberal, and even a zealous feeling for the surveys of the other mineral states. Linn and Relfe we believe were amongst their warmest advocates. The people of Missouri approved this feeling, it was in fact but an echo of their own. No petty jealousy exists in Missouri against the growth and prosperity of any sister state. No fear of injury could create a feeling of rivalry, beyond that of honorable competition. This State feels proud of everything that tends to advance the prosperity and grandeur of the nation, and cordially sustains every constitutional measure that may tend to develope its resources, from the St. Johns' to the Rio Grande, from the shores of Lake Superior to those of the Gulf of Mexico, or the Pacific ocean.

This offer of Missouri is not a novelty. The precedent was established in the surveys of the Lake Superior copper mines, upon a broader basis than is proposed by this State, and if it had not been for the untimely end of the State geologist, Doct. Houghton, it is more than probable that the whole of that region, or at least all of it embraced in the territories of Michigan, would have been surveyed by that officer, in connection with his other State work, and paid for by

special appropriations by Congress. At the time of his death he had nearly completed his first contract for work amounting to twenty thousand dollars, and there can be little doubt, but that the largest portion of what has been since appropriated, would have been expended in the same way, if he had lived. We are not aware of any objection to the appropriation, or the mode of expenditure that has ever been made. The continuance of the surveys subsequently, by geologists who held their appointment directly from the government of the United States, would seem on the contrary to indicate that the measure met with popular favor.

In asking the co-operation of Congress therefore, Missouri only asks that, which has been already acceded to others. Upon what grounds could be based an argument for a refusal? It surely could not be upon the relative value or extent of the several territories. It could not be upon the agricultural or mineral resources of the several regions, nor upon their climate, or commercial and manufacturing facilities. On all these, Missouri, without pride but with confidence, presumes to rank herself amongst the greatest States of the Union. Her people entertain this opinion, without vanity or selfishness. The prosperity of every other State is gratifying to them, and they offer a cordial welcome to all who desire to make a home amongst them. But they do not desire to allure them by false representations. They would invoke the light of science that the whole Union might see for itself, and participate in their blessings. It will be for the Congress of the United States to say whether such generous sentiments are appreciated,

ART. III.-REVIEW OF THE DECISION ON THE PASSENGER LAWS

OF MASSACHUSETTS AND NEW YORK.

GEORGE SMITH, Plaintiff in Error.

vs.

WM. TURNER, Health commissioner of the Port of New York.

The above are the titles of two causes decided in the Supreme court of the United States at its December term of 1848, involving the question of the power of the States to tax passengers from foreign ports.

This involves a question of great moment, especially to the west.They were elaborately argued by the greatest counsel in the nationwere discussed in separate opinions by all the judges of the Supreme Court, except one, and the opinions of the judges were printed in a public document by the Senate of the United States, owing to the important political bearing of the subject, but a bare majority of the court concurred in the decision rendered in these cases. A point so contested, of such great interest, and determined but by the majority of the court, against the opinions of some of its ablest members, cannot be considered as settled, and we have, therefore, thought it might not be uninteresting to our readers, to lay before them, some account of the cases, and some views in reference to them.

The power to impose such a tax was maintained to be unconstitutional, principally on the ground that the tax was in effect a regulation of foreign commerce conflicting with the regulations of Congress made in virtue of the power over the subject lodged in the general government by the constitution. Whether or not regulations of commerce made by the States were in operation merely by force of the constitutional grant was an immaterial point to the decision of this question, it being held that the power had been actually so exercised by Congress as that the laws in question conflicted with the regulations of Congress.

The constitutionality of these laws was maintained by arguing that there was no such conflict in the regulations of the State and National governments as to anull the State laws and that the States had a power over the subject of foreign commerce concurrent with or a subordinate to that of Congress by which it was admissable for them to make regulations, not in conflict with those actually made by Congress.

Secondly. By asserting the power of the States to pass such laws in virtue of their general power to tax all things, or objects which they are not prohibited from taxing by the constitution of the United States either in express words or by necessary implication; and by maintaining that this tax is not prohibited in that way.

Thirdly. It is argued that these laws are warranted under the authority which the States possess over the subject of internal police, and this is the power under which from their positions in the statutes they would appear to have been enacted. The power by which health laws, poor laws etc., are enacted.

Neither of these powers claimed for the States are controverted by the court in its decision although in the arguments of some of the Justices who give the decision of the court it is denied that the States have any power to regulate foreign commerce, because that is granted to Congress and is a power exclusive in its nature. The language of the constitution is that "Congress shall have power to regulate commerce with foreign nations and among the several States and with the Indian tribes." The subject which the language of the first branch of this sentence commits to Congress for regulation it is argued is the commerce of the United States with foreign nations. It is the subject which forms the chief if not our only relation with foreign nations and to whom none of our political relations are known except the