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In the prosecution of the defendant's application for a discharge, their counsel set up two classes of objections to the act under which they are apprehended.

1st. That it is contrary to the constitution of the United States.

2nd. That it is contrary to the constitution of the state of Georgia.

In the first, upon four grounds, viz:

1st. No state shall pass any ex post facto law. 2ud. The citizens of each state shall be entitled to all privileges and immunities, of citizens in the several

states.

3d. No state shall without the consent of congress, lay any duty of tonnage, keep troops or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent dunger as will not admit of delay.

4th. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, support ed by an oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

In the last, upon the following ground, viz: "No person shall be denied the enjoyment of any civil right, merely on account of his religious principles," and as connected with this ground, the oath required by the statute is a test oath, and therefore contrary to the inherent rights of man.

The course of the argument makes it necessary to examine all those points.

1st, It is said that the act is an ex post facto law,-in this, that these individuals were residing on the territory at, and before the time of the passage of the act, and contrary to no existing law, and that a residence, innocent at that time, could not be made criminal by the legislature.

the powers granted by the states to the federal government, in that sense he is a citizen of the union, and consequently a citizen of each state. In reference to the reserved and ungranted powers of the states, he is not a citizen entitled to all the immunities and privileges of the citizens of the state into which he comes, such as voting at state elections, part eipating in public lands, &c. until he has complied with certain conditions as to residence, imposed by the laws of the state. But without this distinction, these persons cannot complain of the law, for it applies to our own citizens as well as all others, and surely it will not be contended that citizens of other states shall have greater privileges than our own! We will not let our own reside there without obeying the law.

3d. No state shall keep troops or ships of war in time of peace. It is contended, that the officers and guard for the protection of the gold mines, and to enforce the laws of the state within the Indian territory, are such troops as come within the meaning of the clause just quoted. It is said they bear arms, are raised for a year, have barracks, are paid and furnished like regular troops, &c. Now this may all be true, and yet they are clearly not troops in the acceptation of the constitution. The character of a military service is better known by its objecte, than by its name or organization. They may be called guards, troops, nay it you please, army--they may even wear a unitorm and bear arms, but if they are not raised for the purposes against which the constitution intended to guard, they neither violate its letter nor spirit. The federal convention, with their well known wisdom, caution and forecast, seem to have thrown around every power in the constitution a due and proper restriction, or some forcible expression by which their meaning might be ascertained. In the clause under consideration, the word WAR is the leading and controlling idea, is mentioned twice, and stands intimately connected with the phrase relied upon, to wit: no state shall "keep This objection will be made to disappear by a very troops or ships of war in time of peace, or engage in plain statement. What is an ex-post facto law? It war, unless actually invaded, or in such imminent danseems to be agreed on all sides, that it is a law punishing ger as will not admit of delay." Now who does not an act, which when committed, was repugnant to no law. perceive the object of this clause? What is war, and In other words, according to the first lesson of every against whom is it waged? Is it ever carried on by a tyro in the legal science, law is a rule of action prescrib- regular government, not in a state of revolution against ed for the conduct of men and consequently regulates all its own citizens? Are we at war, or do we contemhis actions after the passage of the law, and can never be plate war in protecting our gold mines, and in enforesaid to be a rule of action to past conduct, or actions ing the laws of the state within a particular district? existing prior to the law. Is this the fact in relation to A proper attention to the concluding paragraph of the the statute before us? When was it passed? On the clause, will plainly shew that the keeping of troops 22nd of December, 1830 What residence of these peo-in time of peace, has reference to defence against fople constitutes the crime? Is it the residence at the time, reign invasion, for troops may be raised and kept, and or before the passage of the act? Candor will dictate a the states may engage in war if "actually invaded" negative answer to this question. When then does the or in "such imminent danger as will not admit of decrime of residing in the nation commence? Not until lay." Here the object and the enemy are clearly deafter the first day of March ensuing, the date of the act. signated, against which there shall be no preparation for How then can it be said, that this is prescribing a rule of war, in time of peace, on the part of the states.-This action to the past, instead of the future conduct of the power of detence having been conferred upon the union, citizens? It cannot be. the separate states should not interfere with it for very 2nd. The citizens of each state shall be entitled to all many reasons, but particularly, for fear they might emprivileges and immunities of citizens in the several states. broil the federal government in unnecessary wars. (See It is urged that the law is not a general one, that it ap- the federalist on this subject.) It cannot be believed for plies to a particular part of the state, and these indivi- a moment, that the convention intended by this clause duals being citizens of other states, and coming into that to take away from the states, the right to execute by territory contrary to no law at the time of their emigra- force, their municipal regulations. The moral powers tion, are now made to perform duties that are not re- of a government would be perfectly useless, if they quired by the other citizens of Georgia, residing in the could not employ their physical energies to carry them settled parts of the state. This is not a true construction into effect, and these must be exerted exactly in proporof the act. Laws are not made to act upon mere terri- tion to the degree of resistance to the public authority. tory, but upon people who may occupy that territory, Slight resistance will require the application of only whether one, or one thousand miles square, and if all slight force, or just enough to overcome it, and this will persons, without discrimination, are to be equally effect-be found in all the varied degrees of opposition to the ed by the law so soon as they enter the forbidden land, laws, from the refusal to pay a simple debt, up to the it is a general law, because it is the whole people sought most angry state of insurrection, and the corresponding to be restrained, and not the land. The expression of application of force, from the arm of a constable to the the law is not citizens of other states, but all white per- whole artillery of the government. Hence all those sons, whether citizens of Georgia or elsewhere, who guards for the protection of jails, penitentiaries, cities, may reside within the limits of the Cherokee nation on, and many other objects not now necessary to be menand after the first of March shall, &c. Now here is no tioned. Hence the patrol of the southern states. These distinction between citizens of this and other states. may with the same propriety be called troops of war, or The moment a citizen of South Carolina comes into rather for the purposes of war, as the guard designated Georgia he is a citizen of Georgia, for all the purposes to protect the gold mines. This is public property of enjoying the privileges and immunities resulting from and can at the discretion of the state, be guarded and

protected, as well as any other property. What is the attempting to regulate. If the general government difference between a treasure in the Cherokee nation could do it, in the name of every thing that is consistand one in the state-house? A captain and guard for ent, what hinders Georgia from exercising precisely the last thirty years have been kept to secure the pub- the same power, now that it is acknowledged by the he monies m the treasury, and no one has ever suspect-president himself, we have a right to do it. When the ed for a moment, that they were such troops, in time of federal troops, by virtue of the intercourse act, arrest→ peace, as were forbidden by the federal constitution. ed white men in the nation, and carried them before 4th. The right of the people to be secure in their the civil authority to be dealt with as that law directed, persons, houses, papers and effects, against unreasona-who ever dreamed that it violated the clause of the conble searches and seizures, shall not be violated, and no stitution, now said to be assailed? That clause dees warrants shall issue, but upon probable cause, support not declare that no offender shall be arrested without ed by oath or affirmation, and particularly describing warrant supported by oath, &c. but that if that method the place to be searched, and the persons or things to of arrest shall be pursued, no warrant shall issue, but be seized." upon probable cause, supported by oath, particularly describing the place to be searched, and the person to be seized. The object is too plain to be misconceived. We have now gone through the objections arising under the federal constitution, we will next consider those which spring from the state constitution.

This clause is said to be violated by seizing these persons without a warrant, without oath, and without the usual regular process for arresting off nders agamst the laws of the land. This is an amendment of the constitution, and one of the offsprings of that jealous fear entertamed by the states, of the powers of the fe- 1. "No person shall be denied the enjoyment of any deral government, and it was designed to protect the civil right, merely on account of his religious princicitizens from a species of star chamber oppression, ples." which in England, had proved fatal to many a true I am at a loss to know how this clause is intended to friend of liberty. Blackstone says, "a practice had apply, for certainly no distinct application of it has oltamed in the secretary's office ever since the restora- been made to the case. No one will contend, I pretion, grounded on some clauses in the sets, for regulat- sume, that the act strikes at any religious opinions, that ing the press, of issung general warrants to take up there is any one word of it can be so tortured, as to in(without naming any person in particular) the authors,dicate any hostility to religion, or the separate tenets of printers, and publishers of such obscene or seditious any denomination. 1 do not suppose that such is the Ibels, as were particularly specified in the warrant. ides intended to be conveyed by the present use of the When those acts expired in 169, the same practice clause. I collect from the argument used, that the was inadvertently continued in every reign, and under oath required to be taken is such as to produce scruples every administration, except the four last years of of conscience, which the religious sense of the individuqueen Anne, down to the year 1765; when such a war- als at the bar will not allow them to disregard. I am rant being issued to apprehend authors, printers and sorry for it, but they know what they can do, they can publishers of a certain sectious libel, its validity was leave the country, especially too as it does not belong disputed, and the warrant was adjudged by the whole to them, and as they have been living there by the gra court of king's bench to be void, in the case of Man-g cious favor of the state to whom it rightfully belongs. vs Leach. After which, the issuing of such general There can be no scruples against such a course as this, warrants was declared illegal by a vote of the house of unless indeed they should be of that character which commons." To prevent the issuing of these general makes a man unhappy at the performance of duty. But warrants, so obnoxious to the Liberty of the press, the it is my opinion we should be very cautious how we let great safe guard of the liberties of the people, was the religion interfere with the civil rule of the country. It sole object of the clause in question. They have now is not less encroaching to day than it has been in any ceased in England, but it was thought advisable to past period of the world, and though I may be alone in guard against the recurrence of them in a government this matter, yet whenever religion leaves its proper which had so much to expect from the freedom of the sphere and gets to reaching out its feelers after civil press. It has not disturbed, either in England or this power, it ought to be driven back with the same alarm state, the usual common law manner of arrest, which and despatch that is employed to chain a furious beast in general may be made four ways, 1. By warrant. 2. that has broken from its confinement. There is By an officer without warrant. 3. By a private person scarcely a law against which similar objections might also, without a warrant. 4. By hue and cry. To not be raised. We have a statute that makes it crimithese modes of arrest, being nothing but the creatures nal to hunt or fish on the Sabbath, and this purely be. of the law, it will not be denied that the legislature may cause it is the Lord's day. Now to those whose Sabsuperadd any other method they may think proper. It bath is different, and those whose religious opinions they can authorize a sheriff, constable, or even a private claim the right to disregard all Sabbaths, it might be person to arrest, what is to hinder them from conterr- urged by then, with the same propriety contended for ing the same power upon a guard. They require the at bar, that they have great scruples of conscience in guard to bring them before the civil authority, and the obeying such a law. But the same answer remains for act of the legislature is their warrant for that purpose. all such, if you cannot, for conscience sake, live in a A constable does no more by virtue of a magistrate's society which has passed such laws as it conceives warrant. He often has his fire arms to effect his pur- most conducive to its well being, go where you can find pose, and where is the difference in principle between more repose for that troubled spirit, and do not expect one armed man, with the power to summon as many to or ask so unreasonable a boon as for a whole commuhis aid as he pleases, in arresting an offender, and twen- nity to give up their conscience to appease yours. ty armed men clothed with authority to do the same thing. Besides, the state is not without example on this subject, when the Cherokee nation was under the control of the general government, they had a much more rigorous law against white men, than the one which the state has passed since she has taken the management of the nation, and which is so grievously complained of. The intercourse law subjected a white man to severe fine and imprisonment, if he even put his toot into the nation, and that but for a moment. And often have poor men, ignorant of the law, been dragged from the frontiers to Savannah, and there fined and imprisoned, for no other offence than the one above mentioned. How often have white men on the line separating the nation from the white settlements, had their houses demolished, their fields laid waste, and themselves imprisoned for no other offence than residing in this self same nation, that Georgia is now legally

But another idea is suggested and relied upon, connected with the foregoing, that the oath required is a test oath, and though not actually trampling upon the constitution, it so treads upon its heels as to give it great inquietude. It is said to be contrary to the inherent rights of man, and English law is quoted to prove its illegality. It is urged that no man ought to be required to swear to support the laws of a state and uprightly to demean himself as a citizen thereof," whatever may be required as to his support of the constitution, and that this oath is not general, and taken by all the citizens of the state and that therefore it is a test oath, and odious in the extreme. Oaths have been required in all ages, and have been considered as coming more strongly in aid of the civil authority in effecting the great ends of government, than perhaps any one agent employed for that purpose. The oath of feally, homage and allegiance is familiar to every man of reading. "Oaths of of

they may require it under any other emergency, where a well grounded apprehension may dictate the necessi ty for its aid.

fice are almost innumerable. Oaths of witnesses and allients are forever recurring. Now if a new oath required falls with any of these classes, how can it be objected to? For instance if it is an oath of allegiance. Under all the foregoing views of the subject, I am of orm the nature of it, who can refuse to take it, without the opinion that the law is perfectly constitutional, and incurring the suspicion that be is secretly inimical to the that its provisions must be carried into effet. But government, It is not a partial oath, it is a general one, there is one provision in it which two of the individuals and intended for every man who places himself in a cer- in custody seem, for reasons best known to themselves, tain situation justly subjecting him to the suspicion of to have overlo ked, and which will discharge them from infidelity to his country. What is the plain state of the their present arrest, if I have been correctly informed as case? Let us be honest in the answer to this question. to the lacts. Both of them are missionaries, and one of The Cherokee Indians, with the acknowledged Imits them a post master. In the first character they are there of Georgis, have set up a government of their own, de- with the consent of the general government, and as its clared themselves free and independent, and for fear the agents are in the nation for the purpose of civilizing and thrice boasted declaration of it would not be enough, christianizing the Indians, and as evidence of them being they have determmed to give us other more convincing government agents, they have the disbursement of large proofs, and consequently our citizens residing out of the sums of publie money for the aforesaid objects. It is nation have been dragged before their courts, held in the not for me to say what kind of temper that must be, or woods, upon the most summary notice, without prepa what the character of that spirit is, which declines the ration, nay, without a knowledge of their language, and benefit of a law because that law cannot be set aside after a mock trial, they have been stripped and suspend- altogether.-Whether it proceeds from religious scru. ed, and then scourged in the most inhuman manner.ples, or a more way ward passion, I shall not pretend to Georgia has determined that this state of things shall say; but this much I will assert, that I respect too much not exist, that the Indians shall come under our laws, my own oath, and the character of the state, to inflet and that our citizens shall not be subjected to their sa-penalties unauthorised by law, merely to indulge indivage code. This has produced a most unusual excite-viduals in the fanciful idea, that they are suffering a spement every where, and the most obstinate and undusiful cies of martyrdom. They must be discharged upon the conduct in the Indians. In this course they are pertina-following grounds-The act has this proviso, "that the ciously encouraged in and out of the nation. Now, sure-provisions of this section shall not be so construed as to ly Georgia has a right to say to such white men as wish extend to any authorised agent or agents of the govern to reside in the nation, you must choose sides; it for the ment of the United States." Indians, leave the nation. If for us, take the oath and 1. I am proud of the present occasion to testify my you are welcome to remain. Georgi may well say, this hearty respect for the federal constitution, and I am wilis our jurisdiction, and when the Ladrons leave it, it is ing to declare that the truly consistent advocate of state our land; it is ours now, only subject to the occupancy rights, ought always to have an equal zeal for the supof the Indians. At least, you have no rights there. But port of the federal constitution, because they are both as you have homes and connexions in that country, we governments of his own choice. That instrument deare willing you should remain. All we ask of you is clares that "congress shall have power to establish post not to aid and countenance the Indians in their rebel-offices and post roads," therefore the appointment of Jious conduct towards the public authority of the state. this individual is clearly within the right of the general This you can do, by taking an oath which we require of government and he would have been discharged without all persons who do not hold under our permission. The provision above referred to. It would be inconsisLike the power which the general government was wont tent to contend for a contrary doctrine, for Georgia to exercise, when it controlled that territory, we have urges that the Cherokee nation is as much a part of the the same right to order you away, eut down your corn, state as any other, and, if it would be lawful to appoint and burn down your houses; but this we do not wish-a post master for Lawrenceville, it would be equally so we are disposed to be more lenient towards you- to appomt one for any part of the nation. We certainleave the nation or give us proof of your fidelity! What ly have the right to draw this conclusion from the fact, is there unreasonable in this? Again-may not this be that it is not considered a foreign nation by the general analogised to an oath of office? What is the language of government, unless, indeed, there is some treaty that such an oath? The government requires good behavior obliges them to furnish post masters for that unfortunate of the officer, that he will support the laws and demean race. himsel as an honest, upright officer-take the oath and 2. The missionary character has not so high a claim take the office; but if you leave the oath, leave the office. for his discharge, the property falls within the provision What says the oath before us? Take the oath and live of the act. The law prescribes no limits to the agencies in the nation; but if you reject the oath leave the nation. to be protected, it is indefinite and extends the exemp It is said in argument, that all oaths are for the benefit tion to any authorised agent of the general government. of the person required to take them, and that this is a It is not for the court to prefix boundaries to the will of proper test of their legality. Without admitting the cor- the legislature, it has thought proper not to do so, and of rectness of this position in the general, it may be safe- course it would be highly improper for me to do it. ly granted in the case before us, and we think that a All that remains for me is to inquire not into what kind snug, profitable residence upon land that does not be- of agency, but is he an agent? and is be an "authorised long to the person who occupies it, is a very fair equiva-agent" of the general government? If he is, he comes lent for the simple oath of allegiance. But there are within the saving of the statute. I wish it, however, some oaths, and one in particular, which every man in distinctly understood, that this individual owes his disthe state has to take, and which promises him but a very charge to the courtesy which the state has manifested remote, il any benefit at all, and which in many cases to the general government by excluding its agents from might justly alarm his conscience. I mean the tax oath, the operation of the law. The general government has Now this oath shows that the state has the power to no more right to send missionaries into the nation and impose oaths on every citizen in the state, whether he quarter them there, than they have to fix them upon holds office or not, and the only reason why the oath of any other part of the state. It is said that the agents inallegiance is not required from every man, is on account tended by the law, were the Indian agents sent to the of its inconvenience. It is believed that the attachment nation to carry into effect the intercourse law. This of the people to their government, is strong enough to does not appear, and the expression is too broad to act bind them to their duty; and that the trouble and ex-upon such a suggestion. Besides, Indian agents have pense of administering that oath, is not justified by any now no more constitutional privileges in the nation, present suspicions of their infidelity; but this does not since Georgia has taken it into her own hands, than preclude the right to impose that oath whenever in the missionary or any other agents, and this has been frediscretion of the legislature, an occasion either in wholequently stated by the president, and lately confirmed or part calls for the exercise of the right. Hence, when by a special communication to the senate of the United private individuals rise to public trusts, they meet the oath of allegiance, demanding security for the faithful discharge of duty, and the defence of the laws. Also

States.

Let the two missionaries (one of them being a post master) be discharged, and let the other four persons be

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FINANCES OF NEW YORK.

From the Albany Argus of January 18.

The annual report of the comptroller was made to the assembly yesterday. For the present, we are obliged to confine ourselves to the following summary and extracts:

The comptroller states the aggregate amount of the general fund at dolls. 1,312,284 86. The estimated revenue for the ensuing year is 113,500 dollars.

The capital of the common school fund is 1,746,743 66. The estimated revenue for 1831, is 101,550 dollars.

The capital of the literature fund, 256,343 52. The revenue is estimated at 16,620 dollars.

The following is a brief abstract of the state of the treasury: The whole receipts into the treasury for the year ending 30th Nov. last, amount to

Balance in the treasury on the 1st December, 1829

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1,993,629 11

44,793 56 2,038,422 67

594 53

1,968,724 78

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83 463 85 Revenue 100,678 60

Missouri

15

42

57

4 00

5,640

137,427

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To the literature fund, viz.

184,142 45

Capital 16.780 54
Revenue 12,790 77

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FOURTH SERIES.] No. 15-VOL. IV.

BALTIMORE, JUNE 11, 1831.

[VOL. XL. WHOLE NO. 1,029

THE PAST-THE PRESENT FOR THE FUTURE.

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

We have been very industrious-and, by condensation and compression, got as much matter into this sheet as we could, and it is an interesting or useful one; but does not contain one-third of what we desired to have put into it. These are "busy times"-a season of much writing and speaking, about important subjects.

In the next REGISTER we shall, probably, pay our respects to the editor of the "Charleston Mercury." He has run up a "pretty considerable" account with us, that ought to be settled.

We hope that we have finished our "affair" with the surveyor of the port of New York. See page 251.

ITEMS. Mr. Van Buren-who is called the "newly appointed minister to Great Britain," took his final leave of Washington on Wednesday last, and proceeded directly on to New York. The president accompanied

him some distance on the road.

The small steam boat General Jackson, which plyed between New York and Peekskill, exploded, at Grassy Point, on the 7th inst. by which 6 persons were killed, and about 20 scalded or otherwise injured. The steam was not let off while she lay at the Point, to land some passengers. The explosion was so violent as to drive out the bottom of the boat, and the boiler was completely thrown into the river! The water was shoal, else many might have been drowned, as the boat sunk immediately. There were between 30 and 40 passengers on board-of these a young lady, Miss Dow, was killed, and 2 gentlemen very much injured, one of them! dangerously. The rest of the killed-5 persons, all be longed to the boat, among them was the engineer. One of the passengers was thrown a considerable height and fell into the river, without sustaining any injury, except in being ducked.

James B. Gardiner, of Ohio, who was unanimously rejected by the senate, at the last session of congress, being nominated as register of a land office, has been appointed Indian agent, at McPherson's town, Ohio. The character of this man is very freely spoken of.

are thankful for them, though only as a "drop in the bucket" to the stock of information that we hoped to have collected. It is known to us that a large body of important facts are nearly prepared by a friend in Maryland, and we have heard that one in Philadelphia would supply some valuable materials, but it is feared the latter design has not been carried into execution; and so the whole project seems as if threatened with almost a total failure, by the apathy of those supposed to be most interested in its success.

We have no right to complain or speak in the language of reproof, because of these things. "What's every body's business, is nobody's." We volun-' bor, asking only the light aid of such as were directteered to perform a work of great and severe laly concerned in its fortunate accomplishment, and now abandon the prospect of doing more than to ga ther some "shreds and patches," to shew the present States-the immensely increased price that it gives to mighty value of manufactures of iron in the United lands-the great market that it affords for the products of agriculture-the population that it feeds and clothes and shelters-and the millions on millions of dollars which it variously throws into the domestic circulation, spreading themselves through all classes of society, enriching many and benefitting all. Well!-we have done our duty, and perhaps, ought to rejoice in being relieved of the labor of reading, arranging and condensing the many hundred letters that we hoped to have received, on this branch of the subject. As to the other-we shall rely much on ourselves; and although much time has already been expended to little profit, a belief is entertained that facts enough may be collected to demonstrate the ancient and steadily hostile dis positions and proceedings of Great Britain, to keep down manufactures in America, as our means of defence in war and prosperity in peace-to both which the gov ernment and people of that country have always looked with an eye that never blinked, a jealousy never quieted, and an apprehension never to be satisfied but in the annihilation of our establishments.

All hopes of the British market for flour seem abandoned. A letter received by the editor from New into which the opponents of a protecting tariff have The occasion is an apt one to correct a grand mistake York gives reason to fear a pretty general crush of the generally fallen. They believe that the manufacturers, speculators, and expresses an opinion that flour may knit together by a common interest, stand prepared for descend as low as four dollars a barrel! There is no immediate action upon any point desired. When they other than the home market on which the farmer can de-meet together in numbers, and leave their factories and pend-let him support that, and fit his business to it, by growing wool, flax, &c. and fattening cattle and hogs, as well as in making wheat and corn. These speculators are continually leading the people into error. If they only injured themselves, it would be the less matter.

counting houses behind them, they shew a high degree of public spirit and evince a strong disposition to go forward as with the soul of one man; but when sepa rated, every one, involved to the utmost of his capacity to "keep his own mill a-going," avoid loss or make a profit, seems to forget that he has any special duty to MANUFACTURES OF IRON. We are disappointed and perform to aid the general cause, and his private busi indeed mortified, to find the call that we made for in-ness occupies all his thoughts. To this common course formation concerning the early manufacture of iron in of proceeding, (which all will admit is justly repre the colonies, and the present condition of that import- sented), there are many able and excellent exceptions; ant business in the United States, so coldly entertained and had the conduct of these been imitated by all, or generally neglected. We have yet received only according to the means and opportunity afforded-the three articles-(but they are valuable, and are all PUBLIC INTELLIGENCE would long since have silenced, from New Hampshire), in relation to the colonial by the "still small voice" of reason, every opposi state of the manufacture-and three or four others, tion to the "American System" as at present estacontaining some account of its present state in the blished, and we should not now have to contend even immediate neighborhoods of the writers of the com- for the existence of that system, which is loudly and vio munications; interesting as far as they go, and we lently threatened, and somewhat at hazard-through the unity of its enemies and the want of concert among its friends. Tens of millions have been annually lost to the nation's wealth, because of the apathy that we speak of-and tens of thousands of persons, who sub sist in comfort because their labor is protected, are uninformed as to the real means by which they live; and, indeed, often act against the payment of the wa ges which they themselves carn, through ignorance of the merits of the great contest now going on, which if suc

*Believing as we do, that at least nine cases of explosion out of every ten which happen, are the result of criminal neglect, fool-hardiness or coldly-calculating meanness to save fuel, we almost feel as if an act of justice was rendered when an engineer is killed, by the bursting of a boiler; and death is a penalty that such very frequently pay.

VOL, XL-No. 18.

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