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O 9 If the laie nrur« from Europe be true VAR between Austria nniJ Naples lia* already commenced. The formet l»v far more p'wer- fill t'lnn the latter, it to be aided by the jr!gan- J lo fir strength of R<i«iii and Pru««ia The >ea- politans have Indeed to cnrouuter fearful odd*, andean find encouragement only in the iattic*- jof their ehoe, and Ui# bop*., that ni-cord among their enetniet, or the tjireed of liberal principle* in the north of Furope, may produ some change favorable to freedom. plead!fit. in wl»i«It Ihe fi.tud. nre^nl.mty rr mistake is directly put in •-■on*: but that U a grant be aIhiIiHi Ih cv^rc/ on lUjkct, or life is suing ot it *%.is r»V//•«ifatUkcniy, or wn«; pro hibit* J by *t i!:'!<. or the #!*»!*• had ro till* to thi thing gr.ivtrd, then such defects are rj- aminable in a court of lav . The first opinion is maintained in Penn sylvania and Tennessee—the second in Ma ryland and Virginia—the third m North Ca rolina, \ew-Vork, k in the Supreme Court of the I’nited States. In doing what is required from me on lhi« occasion, 1 propose to examine each of these pinions so fir as such an examination may la* necessary to explain the conclusion, at •vhitli my own mind lias arrived First.—The doctrine, that a grant is me mended by Ml the** feu i«Uiaihvij«. vhica lb* tnaimUsiiaiers of l!«* aie vt for* iMy urged f*\ Cl . J. Marshrli, in ;in dot form of law, bow them « lieforc i*:fe»r«d to, as apjduvdd* to j fact, null Old i id ihie grants. r | ne grant*« * e- j grants in runf* •I tir emity tr •It# ry f made vroncoiii in ( Kjiifiitiu 1 In aw aril There in then no 1 qnally surprized, x* belli* r the latent defect Me A.t1 pair ut on iht face of//.# grant. The j a Hedged were a want of'authority or of title, state had title to the premise# granted, which would render bis grant absolutely ami the requisite* of the law Ind lu?cn iom-j „ , r .. r „ „„ void, or men ly a uiidnke or false M;gge.->t».Mi 'plied with, wliirh were essential to give to j j,|y of animal labor, to pmdiire ; aod it will xvUicb would only nuke it xoiih«1»le. Hucli tlie granting officer authority to issue his| ‘ ' * ‘ ‘ seenir indeed to I*e4l»e Jaw of HngUnd on this \ grant. It seem# to me that nothing can Im ti # community, to pay our Govrrrnr.— Thinks I to myself, it i* not wonderful they scuffle m* bard ibr the office,sicd try to set the people together by the tars on their account. The salary of the Treasurer, if the above cal culation lie correct, xxill require 18 hands fcc I 11 uei es of laud, xvitli a proportionate sup- fkoH Tin: SATiosxr. gizettv EXTRACTS r.'OT.\ A( London Scientific Journal for J, nuary, 1821. J JU The Aarratevr de la Meuse, French paper, contains the following article on the cure of two deaf and dumb persons subject : for the rases ol false suggestions. j more elrai, th:,n that such a grant cannot Ik- misinformation, nr m'nrevilul «>f firmer 11 olkiterally impeached in ;m action of eject grants, want of title, or iiiformihly. or grant ' merit, hy testimony dehor* tlje gru it, and Ilf an white contrary to the rules of law, for j inferior to it indignity. be recollected that no estimate has been made "ho recovered their hearing and speech of the quantity o( land necessary to produce This novel and successful operation was wliirh a grant is dee tired hr Ulai'hltOQe ,11 sow. Stroud point. — Ifxxi ipi ■ time far l ight, tbe tie absolutely roid, are all supposed by him j remaining (j Iter tin r>, which concerns 111 to be apparent on its face,and I rom the tenor tidily cd tire grant to tile heirs of Itubert | Of the argument lieforr reft .red to in tbe j Shaw, mey I think lie briefly disposed of— We hare already seen in the pretions part prima facie evidence of title, and may lie . case in Vernon, it would apiiear Itnd e? onle-ted collaterally in a eniirl of law seems I iqion a scire facia*, you cannot take admit- 1CT The population <xf the Mate of Tena***e* bv the late ceiifu* is 421.058—it tv.< in tel ' 261,647—making in the tail leu year, au in crease of 160,600 so all. The schools of Massachusetts are nr- gahizod in this manner. The state is di vided into 450 township*, each sis mites ■square, all subdivided into seven or eight school di-trirt*, making the number of ■school districts in the n hole state 3600. •> No Scholar, says the person who glees this account in the newspapers! is obliged to walk farther than three fourths of a mile from the extremity to the centre of the dis trict, where (he school is situated. Each township is hr* law obliged to raise money for schools not less than 3 300 dollars, if I mistake not. and as much more as it deems ,, n ,p,. r —the sums raised, usually vary from 6 to 15 hundred dollars, eaeh township, ar- cording to the ability of its inhabitants, earti of whom pays his proportion not as a contri bution or subscription, hut as a tax regularly assessed, ss other taxes are for other purpos es. Two method.' for distributing the mo ney among the peojile are used—1st, the quantity received hy each is regulated hy it. number of scholars—2d, the di-trirt receives no more than was raised in it. Generally for three or four mouths in the winter a mas ter is engaged from ten to twenty* dollars per month—and a mistress for 6*e or six jn.iiths in the summer at four to five dollars per month.” he erroneo i« in principle, mischie-1 tag* of matter of asm iiirre out of Hit grant, >ous in its consequence*, and not to have | for the rut assigned in that caw; fu.ptn. been announced under circumstances, which ci-ediug by bill was, that a scire I* entitle it to be received la the Judicial tribu-1 not ri xeb tin* fraud objected, na Is of Georgia. J f %ol. ti 4 InsL 3H. peering in (hr body of the It ia erroneous in principle. A court of | 9 .If*/ \i. grant. Comparing this law in the trial of an action of eiertment, sit for the ascertainment of Ikt Ugnt tiilr only i Ch. It. 158. x>ith various other eases, (although I have not met with any authnri This doctrine is firmly settled in England, ly, n hiih lays iloxx 11 the doctrine xvilh a pre- and the more so since Lord Mansfield’s ah-j r ' M) . ,i L .,v to these distinctions) w« may I creation rendered it nccessiry mine minute Iv to arrutinise the rule, iiul in Peoosyltx think, collect tlie following rules I. That when the defect is apparent on Ilia, ill the ease of Mselay’s I—see r. Work.. the face of tie- grant, and i« such as renders the Supreme Court of III It state expressly ,7 oWu/r/y roid, tiler it may be taken ud deelann that in a court of laic, in the trial of an action of ejectment, it lias lieen lh< cvJtiom to Suffer the validity of a grant to lie contest • d, and that thr question generally is. nut who hat got the grant, hat trio tens entitled to it ujmiii principle, of Mir nnd rnuity whet it issued. I’rineipU is thus sacrificed at the •brine of eurtom, hot happily the basis of this cu-tom, is almost peculiar to Pennsylvania. The rule is mischievous in its consequen ces. If ioqraiit may be thus collaterally im peached in ejectment for matters dehors, and which only render it vnalalde, the gran tee is liable to surprize,against which no vi gilance can guard him. The (dead ngs give 10 notice of the latent ih fects, of w hicli tire parly means to avail himself: anil accord ing to this doctrine, each pre-nmuLilo tn the issuing of the grant, the performance of which every man lias a right to infer, from the fact of its having issued, max* he again drawn into litigation : a rule, which once admitted here, would unsettle, and bring in to controversy, half the laud lilies 10 our (hit the rule has not hce^^^^ounced tin der circumstances, xv I,i. li entitle it b> he re ceived in the Judicial tribunals of (seorgis. In Pennsylvania, it rests on custom, and that custom originates from the total want of a Chancery jurisdiction in that Mate; from whence it happens, that in this anil in many other instances, the courts of laxv, have felt themselves bound tn usurp ^Jhaneery pow ers, Si. so to modify the rules of the common laix, as to adapt them to the peculiarities nf their judicial system, and thereby to prexent a failure of justice. In regard therefore to ’hn«e pgxl rub ,, xxh'.ch ..It fe.m.1,.1 on [lie "onsideration that there is a distinct equity existence ol ti les in these l ikes should 1 11 i 1 ’. 1 '!**' 4 " ll,,ll, i ,tle national jurisdiction.! m:_i 1 * r - '•*- * 1 fi«s u<ti*ioni 01 th** TIDES OF THE TAKES. A letter from Judge Woodward nf Detroit to Dr. Mitchell of New-York, res orting tides in the great Northern Lakes, af ter staling facts in proof of their existenrr, concludes thus: “ Yon mil he a* once aware, "ir, how important it would he to science, if the oe saitsiacloriiy uuu unquestionatdv e« tablislied. The xvater is in all perfectly fre-b ; and the possibility ol any impulse whatever from the ocean is utterly pre cluded hy tbe tremendous precipice ot Ni igara, on the one side, ami, on the o- ther, by the elevated barriers of the fir uni Portage, nort-ivest of Lake Su perior, which are in no direction per mealed hy any water-course. No fusion nf solar ices, according to the ingenious theory of .St Pierre, can therefore inter fere. Persons of real science will pro- bat.lv not require this additional evi dence in support of the Newtonian theo ry. Yet, on every physical question, in which it is practicable,<it is extremely desirable to become possessed of that kind of evidence which refers directly to ordinary sense, ami to ordinary reason Sng.; requiring no confirmation from learning, or science. Nothing could be Imre conclusive, to the most ordinary mind, that the tides are occasioned by the attraction nf the monn, than would be the simple fact, that they exist, and that they regularly follow the move- iDcntsof that body, in a mass of perfectlx fresh water, situated in the heart of a great continent ; and, unless it shall be thought proper to except the solar influ- enre, entirely intercepted from any o- tber extrinsic agency.” Jthmrj. Omnlland t," Orme ; Uifliretil opinions have been entertained upon the main point determined in the fol lowing very ablr opinion of Judge Berrien. The important case dismissed, occurred *1 tVdkiiuon Superior Court—As I was inclin ed to dis«ent from the opinion which hail prevailed in this Circuit, I consulted Judge Berrien, when he politely forwarded the o- pinion which I now submit for publication, believing that it will he equally interesting to gentlemen of till Bar and beneficial to the -community. Respectfully yours, C. B. STRONG. IJECTMKIIT. Shaw's Lessee, vs. B'nins, ct al. Ties case presents two questions for con sideration. 1. Whether the grant from the «tate to Hubert Shaxv cal) be impeached, in m, action of ejectment, by the production of extrinsic evidence, of evidence dehors the grant and inferior to it, or for any other and xvliat rails, of ovidenee, than that which is apparent on the face of the grant itself? 2. Whether the grant to the heirs of Ro bert Shaw, is or i« not a x*alid grant? First point.—Upon the first of these qnes-, lions, there an- three distinrt opinions to he 'mud in the books, each of which is support ' V resDerluhle advocates. The fust ,,, " t ' is only prima facie endenee of cunt IIX e itfe, and consequently tliatif- bnre on th a'i lily may he contested col ed like a l trrally, f»y extrin-ic ceui se to rn ’ce in a court xjf laxv, b .t they fo ires, that I s unk a mat appear on the fare of mummies, w. court of law to declare and wood- <*{ ^°*d, and when such , . JefW-t ari«t*# from rir- du-M, n# * * iimstiinre# dtljom tlir of ,.n no 1. •'«> le on |y su j t j u „ I . 011I1I n >t rrne ever, without 1 nlarges the rule laid gtew I took I cril.d affirms, pla. e or other. '*5 nr jt 18 xoidaliM* only, from ai.cha pi** b(l it. through n pr g regular courK of f. ot in length. » ii ,.4y roi'td be fot gd witti mnmmtf •lUMiit putting courts of Pennsylvania cannot be safely re ceived, except hy courts exercising their powers under a Judiciary system, alike im perfect xxitli their own. The decision of the Supreme Court of Tennessee, was pronounced hy two Judges against line, 'is adoption was opposed by the latter Judge, in a very elaborate argu ment, to w hich no other answer is afforded hy his opponents, Ilian that it had been the practice of the Courts of that state to receive such evidence; although it is at the same time admitted, that the decision on which that practice rests, wax in opposition to the opiaioti of the Bur, and also of one of the Judges, who now on the score of practice af firmed the rule. This decision therefore, however authoritative in the courts of Jwui- uessce, affords no guide to the opinions^; nu independent tribunal. It N n derision, in x incutis. But the rule itself is manifestly er roneous, since it confounds ihe powers of courts of common law and Chancery. It is defensible in Pennsylvania, xvhere no distinct Chancery jurisdiction exists, and in the ab sence of a power liy Legislative provision, to the courts of common law, to issue xx 1 its of scire facias, for the evidence of grants im properly obtained ; and it is so defensible, on the broad ground, that b it for this as sumption of poxver by those courts, under such a system of jurisprudence, a failure of justice xvoutd in many instances tie inevita ble. Tile error therefore, if the viexv which I have taken of the subject he correct, does not rest with the Judges, hut emanates from the «ystem which they are called in admi nister. But in a state, w hich possesses a common law, k Chancery tribunal, k. which recognizes the limits of each jurisdiction, there is no motive or excuse for its adopti on. Assuredly such motive or excuse is not to be found in the allegation made hy the advocates of the rule, that proceedings for avoiding grants surreptitiously obtained in England, could emanate only from the common law side of the court of Chancery, and that there is no Corresponding jurisdicti on in any of the courts of tlir United States ; for in addition to the remedy hy scire facias, there is another by hill on ihe' Equity si,I of the court of Chancery, as appears from the case of the Attorney General vs. Vcr- I Perm]277- 370 moot; and in Maryland, both before and since the revolution, it has hern the settled practice to vacate grants, hy a decree in Chancery founded on hill, infor- I Harr. \ Me lien, nialion, or scire faiias. 23—02—185 There is indeed spent- l llarr.tf AlrHm. liar propriety in resort- l ll-MI-tt l iug to a Court of Equity for this purpose, for the reason, w hich arc detailed hy Ch. J. Marshall in the case of •J Crunch it7 Polk’s lessee c.i. Woodall. | conclude therefore that the opinion which af firms that a grant is mere puma fane exi- donr ■ of title, sad that its validity may h, contested collaterally hy extrinsic k inferior evidence in a court of law , is not consonant to tin* principle* of Engli-li jurisprudence. will hereafter appear, tntlie current of decision* in I lie United States, and might not tn he adopted in tile dccisiou of the present question. Second—If the question ivcrc res integra. or could lie regulati d liy considerations of expediency. I -lidhhl incline to adopt the se cond rule—That every mattistldf avoidant* tage nf collaterally ia a court of law. 2. Where although so apparent, it renders the great only voii'nbU. a scire facias is ne cessary tn avoid it. 3. B it if the defect lie latent, dependent upon ex hltnce dehors the grant, and inferior to it, wli itever is its rhararter, the proceed ing to annul it, must he bx hill, on the equity sid. of llie Uiiurt of C'lianr, ry. In Virginia, the Court nf Appeals, *; an early period had d 'cidvd. that fraud in a grantee, in obtaining his grant might lie giv en i.i exiilenee, in an action of ejectment, '.he pstentee luring in that ease a |»rty to the suit. But Judge Tucker in the valuable nnter, attached tn his edition of Hl.irk*tone, strongly combats the doctrine, and after wards in the case of Washington rs. Met)n- I ll< n.tfMunf. .306. nald. theCourt of Ap peals, of wliirh he xx is a memlier, unani mously deckled, that in an action of eject ment, evidence would not tn- introduced ta prose, that a grant was irregularly obtained. In the subsequent ease of Alexander r. Gree- 1 Munf. 134. nop. tl.e same court express ly recognized the principle, that a grant per fect on its fare, is only to lie avoided fur mat ter dehors Ougrant, hy a proper and regu lar proceeding, hut that a grant may carry on its face, intrinsic evidence of its mvn nul lity, and therefore In* considered void wben exhibited in the progress of a trial. In the 4 Hen.tfJI/un/. 140. case of Lasley r. Font aine, in liie same court, it was decided, that the validity of a giant of a sister state cannot he drawn into question, on the suggestion, lhat the survey on which it was founded, was a forgery. In Maryland, the rule laid down is, that if the fraud 1 g. »feffen. sppta- IT. t!.r fan cf II, t irrant. it is mid if it »••• from circimistanees de hors, it is only voidable, and therefore suit must l.e instituted for vacating it. Third.—But the doctrine is very strongly laid down hy Ch. J. Marshall, (in the case of Hulk’s lessee e. Wer.ilall, before referred to! in tc'ms of the third rule originally stated in this argument. After remarking that in ge neral a court of Equity is the more eligible tribunal fur these questions (concerning the validity of patents) ami that they ought to he excluded from a court of law, hr adds, “ But there arc eases, in X7liirh a grant is absolutely void, as where the state had nn title to the tiling granted, or w lu re the offi cer had no authority to i*sue the grant. In such rases, Ihe validity of the grant is neces sarily examinable nt laxv,’’ and the Supreme Court of the United States did thereupon proceed to deride, that a survey made with out hii entry, xxas unauthorized by the laws of North Carolina; that the agents nf the state, hail no power to issue a grant for landao surveyed, and consequently, that such grant was void. Tail! Ill Tile case of the University r. “ " ‘ Sawyer goo no further than to deride that evidence may he received to prove that the lands granted, had been pre viously appropriated, and ronxrqucnlly that Ihe ofneersappointed hy government in •»!! k. convey meant lands, hud no authority to grant them. The rule is laid down hy the Supreme Court of the state nf New-York, in the case 10 Johns. H. 23. of Jackson r. Lawton, in the following terms. A patent issued hy mis take, or upon fal«« suggestions, !# Voidable only, and unices letter- patent are. nbsulalrhi void upon the face ofthtm. or the isiuiug of them xxas iciihout authority, or xcas piohibit ed by statute, they can only he avoided in a regular course nf pleading, in xvli cli the fraud, irregularity or mistake i« directly put in is sue. The court prucei ded to Mate, that the principle lias been frequently admitted, that the fraud must appiar mi the face of ilu* pa tent, to render if noid in a court of l»xv, and that xx hen the fraud nr other defect, arises on circumstances dehors the grant, it is voidable only by suit. That the regular tribunal f nr e draxvers, into the le>ok ft. fo liar rutin Chamber. I,axe hy mix- of this discussion, that the nrdv legitimate modes of avoiding a grant, mu h as that to Robert Shaw, has been determined to he, ins would 'are hy bill,iiifoitoatum,or scire facia*. The il mil op- Legislature had indeed Ly the net of 1808 p. iuided a manner of avoiding grants obtain ed on fraudulent (Iran “ in the land lottery ; toil having annexed to it a pruxision, that it should he availed of xxilhin one year, Imm the date of the act, it i« of course inapplica ble to the pi< sent controversy. They have also nutllwirizrd the Governor to h-ne new grants in c.v-es where the Commissioners of the land lottery, in Ii ansi rihmg Ihe nairu s of the fortunate sited tn the Kircutite take entered the names of persons who were not fnrlonatedr.vivers, in Heu of those who were. But the present is not such a case. The evidence "Hi red, lends only In shew n mistake on the part of the original entry laker in the county of Columbia. In- diqwndently then of Ihe operation of the le gal principle, Expressio nnius, eat cxchisio ailcriua, that the grant of the power hy ex press provision in the above cate, would im ply its non-existenrr im very other, it seems very clear, that to decide 4 grant to he void, i« not within the srfqie of the authority, ivliirh the Constitution lias confided to (lie Executive department. The Judicial pow ers exercised by that department, the vali dity ofxvliici) it is not intended here to ques tion, have been hitherto confined to the de cision of matters, arising anterior to the issu ing of Ihe grant. When that art i<- perform ed, the Executive is functus officio. The grantee has acquired a right to the thing granted, under a contract executed, between the statp and himself, and suclicontract can not lie annulled hy the net of one of the con prm iriona for the hands and horses, which xvonlil require 50 per rent on the respective ari oiints: in -hurt lire account w ill iioxv, tho’ it is hoped not long stand thus: (rnvzK.von’i! Sai.xrv—the use of .'III bnnris al AIMi dullari caeh, - - 51”* (lf>:i 240 acres of land in cotton, at 12 1-2 dollars per acre 120 aere, to raise j rovivinm nt 3 12 ,x.-r IA koiscsal^' 100 each, - - . • J 3,000 | 1,600 1,600 S 21,000 TnrAsiRr.it 13 hnn<I«, 1J4 Hrrca hn<l for rotlnn, - - 7*2 do fur jirovinions, - - l> horfifi, . - v . . . 5 9,000 - 1.728 $ 12,492 A TAX TATEK. EROSTT.CTS IN KENTUCKY. Erlrnrt of a letter J'tom a gentleman in Frank fort. to his fiend in llichmond, la. dated Ftbrunn/ 27. “ Hard times are just commencing in this state. Tiie twelve months replevin bonds are expiring daily and executions going out on them—and on these tilings the money must come, if it can lie hail—hut “ there’s the rub;’’—for I do not think there i« money enough in the roim'ry to pay one fourth of the debts. The Bank of Kentucky lias in a few* days past determined to sue all of her deh»ors. xx ho have failed tn pay the discounts and calls on them—and in this singh- county she lias commenced within the la«t two days TWO HUNDRED AND SEVENTY- FIVE suits, and the «mn sued for amounts tn 887.154 dollars. This is a fart which comes within my own knowledge.” ~^N It ii y«t too early to 1j which the resolution of Congress h*» met with amonj the people of Missouri. It w ill be i Enquirer. f the reception this porjiuse is Chancery, founded upon a proceeding by srire facias, or by hill or in- fnrinati dent, and Th nil would lie ag.rimt prere- if dangerous consequence to titles, armlv recommended by persons of tracling parties, nor the rights acquired nil-1 standing and ability among them—xve pre fer it, be divested, except by due course of j -nine from what xve hear, that it will be n- law, ns that is administered in the Judicial tribunal* of the country. The grant there - fore to the heirs of Knlirrt Shaw, appears to me to he merely void. Whatever may l>c their rights, they cannot he enforced in this mode. According to tire authorities refer red tn under the first head of this argument, and especially pursuing the analogous case of Jackson v. Lawton, the grant to Robert c haxv, moot Im |U»t ». L a-ide iiy a regular course of pleading, in which the fraud, irre gularity, or mistake ill obtaining it, shall he :.;rcc*'y pul in t**ue. t otu tins is done it must prevail over a junior grant, for the same land. .‘lugust, 1820. . lopted hy the Legislature—perhaps xx ilh a declaration, expressed in very strong terms, oft lie light in wliirh they view it—that it is not jn the slightest manner to trench upon their rights—and that they are <0 oecijpv Ihe same ground and enjoy the. same privi leges and immunities, in every sense, with the original states in the Union.—Ibid. Mnar Pics Tit .xx Tfats.—It is nnffer- s'ncd th: ? tl.c appuCstiuu* fur office* in Flo rida. at the s,*»t or^-overnmcnt.srcirrmruet, and that many members of Congrrss are a- mong the candidates.—Halt. ,M. Chron. f Richmond, March 27. . ROBBERY OF THE MAIL. Yesterday Evening, nn examination was had nt the Market Mouse, (before Chief Justice Marshall,) of Wm, Bow ler, a free man of colour of this City, char ged with robbing the mail of the United States. It appears, on the 24th Februa ry, a letter was mailed nt Philadelphia for Petersburg, addressed by Messrs Biickmnn and Benson to their correspon dent in Petersburg—enclosing jl 2000 in notes of the North Carolina Hanks ami some drafts. The packet, enilira ring that letter, totally failed—and this which I feel confident will saxe considerable | eltnr wns advertised as wii«mg. A few money anil work no injury to tbe public - vice. performed by a young practitioner, a doctor of medicine, of the faculty of 'lv ris. ex-surgeon to the fourth regiment of ruira«siers, and now established at Mihi- el (Meuse.) The two deaf and dumb w ho underwent the operations (where by lie perforated with dexterity and sue- cess the meatus auditorial) are Made moiselle Bmer de St. Mibiel, aged If! years, and the Sieur Toussaint, son of the assistant magistrate of llans-sur- Meuse, aged twenty-eight years. The young girl is doing extremely well. It is more than a month since she M4.underwent the operation. Her left ear is perfectly healed, and the opening made to the tympanum always continues —which is absolutely necessary. She takes notice of the least sounds am! be gins to articulate words in a very satis factory manner. Her vivacity pleases and her figure changes for the’betler She is incessantly humming various airs which her sister teach her. 1 he young man of Hans-sor-Meuse, who was operated upon a short time since, hears as well as his comrades, and even more lively. His right ear is finer than his left ; he makes ronstant efforts to pronounce nil sorts of xxords. The sur geon from whom we hare (he particu. lars, hopes that in three or four months the two objects xvill speak perfectly. It is evident that they must be instructed like children, who begin to make tbe first efforts to articulate. Mr. Duleau informs us that he is con structing a n instrument, xvhicli -will af ford the happy facility of finishing the 0- peration in three minutes, by which its success will he more certain. By mean* of this instrument he w ill rai«e on the tympanic membrane enough of substance to prevent the necessity of introducing probes into the perforation during from thirty to forty days. He is of opinion, that he can restore the hearing nf all those who have been deprived of it hy tho obstruction of the Eustachian organ, and by the obesity of the membrane of the tympanum. (COMMUNICATED.) The Governor has hy l’rnri.tmat inn re quired the nt'eudixnee of the Legislature nn Ihe SOth inst. for the purpose of disposing nf tlie land lately acquired by a treaty made xvitli the Greek Indians—tie says lie was induc ed to do this from considers! inns of economy, an object which the present situation of the country commands us never for a moment tn lose sight nf; nn object, which together with some other matter., which may come up during thp called *es«inn, now induces me tn address Ihe public through the medium of your paper, and to pm puss tn the Legisla ture the adoption of the following measures, 1st. Direct the managers of the lottery to place the names in one xxhetri and the prizes in Ihe other, leaving out blanks entirely, hy which means there xxtil he a nett saving of two thirds the expense heretofore incurred is. the residue nftlio names after the prizes are drawn nvty as well he considered as blanks, without the tedious, useless, and expensive process of drawing a blank to each name. 1. Instead tiffourdollars per mile,(the pay heretofore allowed surveyors), reduce the compensation to two dollars per mile, and there xvill no doubt lie numerous applicants, (even ut that price): and as there is no prin- eiple better established than that every citi zen liable to do duty ami pay taxes is equal ly entitled to public patronage, and has an equal claim to the benefit- arising from the acquisition of territory hy Ihe stale, and as it is knoxxn and acknowledged on all hands, that almost any person w ho can jierform mi litia service, oris fit fnr service 00 a jinx, is, or in u very short time (say a week) may lie fully rompxtent to Ike surveying of a dis trict, it is proposed, that the Legislature should enter into a resolution, that 110 person shall lie considered eligible as a surveyor, xvho may have at any former period survey ed a district, unless there should not lit ap plicants enougti xri<limit. This it is humbly conceived will have n tendency to encourage genius, in ns niurli as it w ill lie saying to the young men of our state, qualify yourselves to permit letter* patrut, (xx hirh are solemn ; for appointments and you need not fear coill- grants ol record) to tie impeached collate- .iug in competition xxitli the ci rally, hy parol proof in the action 1 merit. The circumstances of lin ing in competition xxitli the constant expec jeet-1 tants, who Lave made it their business to e, ofl court legislative patronage hy rxssiduou: Jackson x. I, niton are so analagous to that tention, and who are always open-mouthed ““ examining, that I cannot forbear to j for whatever crumb* may drop from the present an abstractor them. Letters pa lent Is lied I" ill. for a lot of land dated 2(llli, | Get. 18II. and afterward* n patent issued for the same land to H. dated 5th March |tl2, reciting and allrdging a mistake in issuing the first patent to./. In nn action of eject ment mi the demise of./, it xx as held ihnt the first patent was conrlilsrvr, us to the lillr of the b-sor, and that the second patent xxas I inoperative and void. Ilaxiug thus examined -uch rases as seem- I i d to me III he apposite to the questiuu we I arc considering, I proceed to remark, that the utmost extension of the rule, which can I think he ndopli il hy the common l ux courts, xvill not authorize Urn introduction of the. exidence often d hy ihe plaintiff in the j case we are examining. According to th which Would he availed of cifflatorally in a| most liberal consideration winch can lie g,x. i imrt of Isw should he patent 011 Ihe fare of, the grant, or should lie raanifiwted In deuce of equal dignity ; and that all la tent defects resting upon interior exi- ilenrc, whether rxluring a want of au thonty or of title tn the grantor, or prnx iug a statutory inhibition, should only he lahiii advantage of, hy a proceeding for that particular purpose, and that auch pro ceeding ahould be in Chancery. This opi nion might moreover, if it were necessary to the derision of Ihe case nr are considering, he shewn not to he entirely un*Hp(Mirtssl by authority; audits adoption would lie recom- it, a grant ran lie collaterally impeach ed in a court of laxv (ex gr. under tin- plea of not guilty in an action of ejectment) only where the defect is patent on tile face of the grant, or where the evidence offered dehors, goes to shew a want of title in the state, or •fauthority in the officer granting. 1 have nlreadv intimated my opinion upon the lat ter put of the rule, lint tlie ease of tlie plain tiffs, certainly comes under neither branch of it. Tlie mistake alledged in this rase, upon lire supposition that Ihe facts relied upon hy the plaintiAs ran he proved, was tlie mistake of the original entry taker. Tire return of public table. It will also.it is bolirxcd, have a tendency to relieve the Legislature from description of sturdy beggars who, after hav ing sought and obtained two or three minor "Hires iifprofit,demand as aright and as compensation for past services, some office of more importance, and for which natmi never intended them, and really pretend to consider the State ungrateful if alt their de mauds are not complied with. 3d. As Colton, tile staple of Ihe state, is iioxv reduced to a limit one third the price ixliirh it commanded when the fees anu sa laries of all tlie officers tvere raised, and as there is not the most di.tant prospect of tin price gi thug Ik Iter, it is Imped aruj believed, that when embodied, the Legislature will lose no time in placing our finaneea onllre most ernnnmirnl fooling; arguments are not considered necessary to elucidate this point —lint <u older tu place tbe subject in Ihe plainest point of xiexv, we will takelhr Go vernor’s and Treasurer’s salaries a* a criteri on for the rest. The Governor’s salary is three thousand dollars. A good hand can tend eight acres of cotton, wliirh at five hun dred weight to the acre (more than an rue- rage crop I is 4000 lbs, of seed, or 1000 llw. of giucil Colton this, ten cents being taken as a fair price, xvill make 3 100; requiring the rent of 2 to acres of land and the work of 30 days since Mr. Burkinan came on to thi city, to attempt some discovery. Here lie came across two small notes, which lie recognised as having been in his let ter ; for they bore the stamp wliirh he had put upon all the notes ; viz. stam ping the date “ Fob. 23,” in type let ters. No clue was however vet obtain ed to lend to detection—when within (he Inst txxo day* he received from his friend in Petersburg two 100 dollnr notes with the type stumps, and which notes had been sent to Petersburg by n broker in this city. On enquiring nmong the bro kers, one of these notes wns recognized by n broker as having been presented to him lu*t Saturday week for exchange— he did not exchange it, but asked the lit tie mulatto boy, w ho bad it, where lie got it—lie said from ,\V. Bowler, who was then waiting for him. This nt once fastened tho suspicion upon that per-on —and yesterday he xxas accordingly de coyed from his house and apprehended —heat first refined to make any confes sions—hut the police in thmean timi searched his house, anil found a packet which had arrix i d ut this Post Oflirf only on Saturday night last, from \Vaihington for Norfolk. The disclosure of thi coxery being 11,.0'e to Bowler, he I xva* induced to confess the opening of the Feb. packet—sax ing that lie had got then from the hands ot Richmond, a Irk k man employed in the Host Office, xvho Irk hitherto home a good character. Boxy ■ ler conducted the officers to his house, A shewed where he had concealed the mo ney to the amount of near £ ! 300—said, he had parted xvilh some of the rest the notes in buying a horse, gig, &r. and lhat some others had been welted in the place of deposit, and rotted. The Chief Justice upon thi-* testimony, committed Bow ler to jail—to take his tri ll on the 22d May lie*?. It is suspected and be lieved, that Richmond slipped off the packets in some xvav or other from the office. Richmond i« confined, hut his case not acted on. No possible im putation lies upon the young men of the office. It ii «aid that Governor Knee, of Maine, Mr. Livrrmorc of New-Hampshire, and Iimoiiiv Pitkin of Connecticut, are candidate* for the office of Commissioner under the Spanish Treaty. There are three Commissioner* to be appointed, ut $ 3000 salary per annum each. We do not believe a more suitable man for thi* office, than Timothy Pitkin, could be bands, with a proportionable quantity oft found in the United Stale*, horse labor, draw n from the n orkrng class of' [.V, Y. Spectator.] 4111. a 1NTFRNA7 TtFft' t ATI0N OF TRANCE. A late ’111101101* of the Edinburgh Review, •3 an lxciIS, id .illicit* on Um aituation and linformil »'*‘£**!*»*;r»vjw nf I'Vm»x-«, ilic ful* low ring account of the caution exercised hy the government, in regard to the most Iri- fliog town and village concerns. This is the r* suit of the system of universal centraliza tion established by Bonaparte, and w hich, it seems, has been preserved entire under tliu restored dynasty. “ The smallest commune, (says the Reviewer,) was referred to the cen tral power. The repairs of a bridge, fur ex ample, across a brook in a remote village, required Ihe following preliminary steps :— 1st. There was a petition to the Mayor.— -2d. The Ma yor applied to the sub-prifet.— 3d. He obtained of the prefect permission fnr the municipal council to assemble. 4th. The municipal council being assembled, ap pointed commissaries, (erpeiis.)—5th. T‘‘ commissaries reported, (ilh. Thu mimic, council deliberated, and sent the opinio! the suli-prefct, and he tn the prefect. . .^ Thy prefect applied to the Minister of the In terior. 8th. The Minister of the Interior to his Imperial Majesty, giving an opinion on the Can. Dili. His Imperial Majesty affixed his signature, and the petition went to the Conseil d'Flat, section de I'lnirrieur. 10th. The president of the section nf the interior appointed a rapporteur. 11th. The latter explained the business to his section. 12th.. The business was railed up, in due time, be fore tlie Counseil rl’Etat—a derision obtain ed, and sent hack to the Secretary of Stain, who sent it to the Minister of the Interior, xvliii sent it to the I'refcct, who sent it to tho Sub-Prefert, xvho sent it to the Mayor, who gave permission for tlie bridge over the brook to he repaired!—Any miitake in point of form, the omission of a stamp, or other irregularity in any of these proceedings, made it necessary io begin the whole process anew. Of all tne authorities consulted, not one knew any tiling about the matter, ex cept the .Mayor and Municip)i/ Council—and the whole might as will liaxe been left to tliesp local authorities. The proceeds of tbe octrois nf towns, or municipal duties, altho' lex ied expressly for local purposes, were al- ways remitted to Haris—and the money nr- ressary to defray local expenses, sent hack again from Paris, where no proper cluck could exist on cither rsreipts nr disburse ments. When llnllam! Iielonged to Bona parte, it was necessary to send to Paris, lie fore a It) ke, the state of xxhicli threatened 1 Ik .whole community xvith submersion, could be rtpnirrd.” Tlir people, it is added, are. sq fashioned to this omnipresent administra tion of despotism, that they scarcely suspect its existence! raoM tux* ciiatxTi a * joi rnai tor javcary. •s/.vf. t /..•//,' fu si.nr.rnaM An interesting article upon Ihe colony of Good Hope, appears in a Into English periodical work, in vhicli the emigrants iro about to settle ; pom tray ing its ad vantages and disadvantages, with the si tuation the emigrant is likely to he plac ed, on his first arrix al. In noticing the unerring skill of the lazior, lor KebourJ Colonist with lus musket—the writer ot the article rclates*the following little nar rative ; the hero of xvhicli was a person of the name of Van Wyke—and the sto ry of his “ perilous and fearful shot” in Ins 1 .xn words. It is now,” said he, " more than two _vear«, in the very place where we stami, I ventured to take ono of the most daring shoots that ever was hazarded.— My wife was sitting within the house, near the door; the children xvere play ing about her; and I was without near the house, busied in doing something to a waggon, when suddenly, though it was mid-day, an enormous lion appeared, came up, laid himself quietly down in the shade upon the thresh hold oftlie door,, My wife, eitherfror.cn with fear, or •- xvare of the danger attending any at tempt to fly, remained motionless in her