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Weekly constitutionalist. 33Y -TAMES GLARDISrEIL Speak No 111* Xav, speak no ill—a kindlv word Can never leave a sting behind, And oh ! to breathe each tale we’ve heard, Is far beneath a noble mind. Full oft a better seed is sown, By choosing thus the kinder plan, For if but little good be known, Still let us speak the best we can. Give me the heart that fain would hide— Would fain another's faults efface, How can it pleasure human pride To prove humanity but base? No, let us reach a higher mood, A nobler estimate of man ; - Be earnest in the search for good, And speak of all the best we can Then speak no ill— but lenient be To other’s failings’ as your own, If you’re the tirst a fault to see, fie not the tirst to make it known. For life is but a passing day, No lip may tril how brief its span ; Then oh! the little time we stay , Lei’s speak of all the best we can. The Rage for Land Speculation.—A letter in the last Dubuque Herald. , written from the Osage land office, lowa, says that there are about two thousand persons in attendance on the land sales, and that groat competition exists between specu lators and the settlers. This speculation had been carried to bidding slol per acre for the wild land. The settlers had held a meeting, stud organized themselves into a club numbering seven hundred, and had determined that every settler should have the privilege of bidding oil' a quarter section of lana, in addition to one quarter covered by pre emption, at government price. Attempts were made to settle all difficulties on this basis by the settlers furnishing names of persons who were bidders; but this had not been done up to the time the informant left. As a consequence, very few tracts of land were sold. Blunders.— -The Franklin Register lately pub lished an address by R»v. Mr. Abbott, and in his next issue noted the following correction . For “dum swizzle” please read “prominence.” This was bad enough, but the next week the same paper had the following : Ju an advertisement which appeared in our last paper, for “Bumblcton’a storm destroying porreu gers,” read “Hamilton’s worm destroying lozen ges.” 1 aulkner, who edited the Dublin J air rail, an nounced in glowing terms the arrival in that city of a distinguished m mber of the British nobility. On the next day his paper contained the following very Hibernian correction : For “Her Grace, the Duke,” in yesterday’s Jour nal, read “His Grace, the Duchess.” He improved the matter unite as much as the good clergyman in England did, who, without book, was praying, and said : “Oh, Lord, bless all classess of people, from the beggar on the throne, to the king on the dung hill—we mean from the king on the dunghill to the beggar on the throne.” A New Fork paper says: “A few Sundays ago, at one of our churches, the choir sang a hymn to a tune which comes in as follows: ‘My poor pol— my poor pol—my poor polluted heart.’ Another line received the following rendering : And in the pi—and the pi—and in the pious he delights.* And still another was sung—‘And take thy inl and take tby pit—and take thy pilgrim home. ” roiitv r ..-I-’.. - aaftity Tenm-H. e. A like scarcity prevails in many parts of Alabama. In Pike county corn is worth #1 ".0, and a great many families are unsupplied. Tbe Montgomery Mail adds : This is the case, too, in most of the counties of East and South-east Alabama. The.prairie region of Montgomery county has been the “Egypt" of alt tlie country above and below it, but its cribs will soon give out. Corn lias already sold m this city, within a few days, for ? 1 07. Death from Poison ITseo in* the M anfpa'Tl i or Brandt. Mr. Morris, of Toronto, a clerk in a house engaged in the manufacture of brandy, was k.'.'.-d by di inking, by mistake, a small portion ot a prepß-ation nearly allied to prussic acid, wdiiob had bee. procured iu tiic regular course of the business. There is something very horrible in this. If such iugiediems an- mixed with manu factured liquors, and nearly all the liquors sold arc doubtless manufactured, it is not strange that the use of spirituous liipiors, always hurtful, has be come of late so terrible destructive. V’f'tMou* Journal. Bomorkd Fi u.nT.~- I.etttTs have been received in this city from sources entitled to credit, stating that Low Brigham Young, of Club Territory, had lit the last accounts left .Sal- I.ake City, wLh a chosen body us two hundred nun, for Washing ton or Or- gun. Some of the writers express the belief that Young would endeavor to make his ivav to the British possessions on the Pacific. II Won p/tot C’nivii, May 19. ‘'Americanization” ofthe Schools. —A struggle is going on for the Abolition of separate schools for colored children in Rhode Island, and the in troduction of the blacks into the common schools. The petition to the Legislature, in behalf of the amalgamation, was drawn up by the Bev. I >r. Waylami, and bore tbe signature of Bishop Clark. “ Porte Crayon” (Strother was round and about at the Jamestown celebration, and during (lie cere monies ot Wednesday, was “up a tree,” quietly tilling his sketch-book with rich illustration-, which the public may count upon seeing iu some future number of liar<Hr\ Magazine. Tin grain crops will be better than was antici put d.' Much ot the wheat that was injured by id M has been apparently healed by the genial sou. lot!-- and showers, lind we would not now be surprised if an average crop is harvested in this county, provided the rust docs not make its iij - pearunce. —Sparta Georgian. From t:te Altar to tjtf. Tomb.—At Cleveland, ]fiss., on the evening of the 6th instant, Mr. W. I). McKee, principal ofthe Georgetown Academy, in that State, was married to Mi-s Marv Roberts, and at midnight, during the rejoicing of the bridal par ty present, he fell uead in their midst. Voters in Ohio. The legislature of Ohio has made an important change in the election law. Thirty days residence in the eounty, and twenty days in tbe township or ward, are now required to constitute a legal voter. St. Louis, May 13. —Utah dates to the 2d ultimo ; have reached here. The Territory was quiet. Pre parations were making to send a large number of inissioßaries to all paits of the world. The ac counts of tlie movements of Brigham Young don’t accord with those via California. He seemed to pos ess the entire confidence ofthe people and was planning an exploration and pleasure excursion to fho Mormon settlement at Salmon river. Barner dines and the surrounding settlements had been incorporated with Salt Luke City. The Cheyenne Indians manifested a bold and defiant air. A wader arrived at Fcrt Laramie re ported that they acknowledged a loss of sixty war r ors si to commit depredations on the Califor nia road, in consequence of which they made pri son-:.- of sixteen traders, and dispatched one hun dred warriors to the road to avenge the loss of their tribe. ... The grass was poor on the plains, and a month later than usual. • Buffalo, May 16.—Four stores on Marine block were destroyed by fire this morning. They were occupied by the American Transportation Compa ny Curtis, Mann A, Co., Holt and Ensign, and F. itar.d: Loss 00; ias"-ance $!5/A)0. Buffalo May 20.—The wind has broken tho ice in tbe harbor .ere, and two hundred and sixty thousand bushel of wheat, seventy-eight thou sand bushels <d t rn, and four hundred and ntne tj thousand barte'e of flour were received to-day. Miscellaneous Items. Captives among Indians. —The Legislature nf Minnesota has made an appropriation of SIO,OOO, which has been placed at the disposal of the Gov ernor, to recover the four women alleged to have been captured by the Indians raid carried oft’ in thereceut Indian disturbances on the frontier. Prolific.—There is a man in White county, Il linois, who has a wife that has borne him sixteen children ; the first six came by twos, the succeed ing nine by threes—while the last one, poor, help less, lonely thing! came into this world with out company. Sixteen children at seven births! Mr. Hamilton, United States Consul at Montevi deo, has resided there for twenty-four years, and in all that time has not visited the United States. Mr. Denison, the new speaker of the House of Commons, made a tour of the United States some years ago. The Western rivers are in a fine condition for trade, but there is complaint of a scarcity of freights, aud emigration has greatly fallen oft* Jenny Lind is coming to America with her now baby—-so says the Vienna correspondent of the Christian Enquirer . “Charley” Stetson, as lie is popularly known, announces that the Astor House has commenced its fourth seven years’ lease on the first day of the present month—May. Seth Kinman, Esq., of California, has arrived in Washington city, says the Star, Mr. Kinman brings the famous California buckhorn chair de signed as a present for President Buchanan. Mr. K. is one of the doughty hunters of California, and appears in full backwoods rig. Com. Kearney has been appointed to command the navy yard at Brooklyu. Providing for a Young Bonaparte.—A Grand Chaplaincy of France is to be created, which will be conferred on the young Prince Bonaparte, cou sin of the Emperor, who is known as the Abbe Co nins. He will first be made a cardinal. His sala ry will be one hundred and fifty thousand francs, with a palace as a residence. A woman advertising for a husband, wants him not only to be strictly religious, but of “good char acter.” aY recent number of the New York Fust says “We are authorized to say that there is no truth* what ever in the statement made by the Washington correspondent of the Times , that* Mr. Meagher is an applicant for the mission to Venezuela, of which .Mr. Karnes is the present incumbent.” The editor ofthe lowa ReporU recalls with a stentorian voice for ladies to come West. He says: “The last census report shows that there are thirty thousand seven hundred and ti n more males than females in lowa. This was taken in June and does not include the spring or fall emigration. We are minus at least sixty thousand ladies to make up our quoto! ” A letter was received in New York recently from London, written on the Sotli of April. Mr. Crawford had arrived in that citv from Paris, to place himself under the care of Dr. Fell. He bore the journey better than his friends expected. The most fatiguing part of it was from the depot to his lodgings. Rev. John M. I*. Atkinson has been elected Presi , dent of Hampden Sydney College. Speaking of the late decision of the Supreme , Court iu the Dred Scull case, the Detroit Free Press > remarks: ‘ “It is peculiarly the mission of the Democratic ' press to support and defend the Constitution. The ; Supreme Court is especially appointed to interpret thejConstitutron in all eases where the doubt arises as to its true inteut and meaning. It has interpret ed it in this case. We now know just what the Constitution in ears in some respect« whe.L- Jie* • longer in the dark. Light lias been coat fibroid, ’ and the Democratic press which refuses to reflect that light is fit to dwell only in the darkness of black republicanism.” The Governorship of Utah.—A telegraphic r despatch was received from Major McCulloch yes , teraay, in which he declines the office recently tendered to him of Governor of Utah Territory. Much as we regret that circumstances have pre vented Major McCulloch from accepting an office, the delicate and important duties of which he is so peculiarly well qualified to discharge, we have i reason to believe that no time will he lost in the | selection of a person with capacity sufficient to 1 meet at once the emergencies and expectations of | the country. — Washington Union % May 20. | Quick Traveling.—The mail was received in St. j Louis, on Wednesday, the Kith instant, from Cin ; ciunati, iu sixteen hours and eighteen minutes, by , the Ohio and Mississippi railroad. Thus, day by ! dav, docs tins monarch of western railways estab lish its claims to tic* public regard as the greatest | “ institution” of tin* age. i English Pottery.—Staffordshire, in England, is j the great seat of tbe porcelain and pottery manu j factoi ies. No less than sixty thousand persons are i employed in the works, and the annual value ofthe I porcelain manufactured amounts to about ten mil i lion dollars per annum—tlirec-fourihs of which are j exported. J Governor of Pennsylvania.—The Harrisburg i Herald states that Gov. Geary, having been con ; suited upon the subject, has consented to accept i the nomination for Governor of Pennsylvania, if tendered by the American State Convention, soon to assemble at Lancaster. Montreal Water Works. —The machinery of the Montreal water works, the reservoir, and the distribution, have already cost, in round numbers, one hundred thousand pounds, and one hundred thousand pounds more is yet required to complete the works, making a total expenditure of two hun dred thousand pounds sterling. Washington, May 19.—Recent information re ceived from Utah has caused a change in the poli cy hitherto contemplated. The condition of the country now being such ns to require vigorous measures, troops, in large numbers, will be sent there, probably under the command of Gen. Ilar nev. The administration is anxious to act at once in this important matter, especially in view of the late obstructions to judiciary proceedings, and the accounts frequently received relative to the op pressions committed by the Mormons on those who do not belong to their fraternity. Much excitement has existed for several days past in the pension bureau, in consequence of alleged discoveries of extensive frauds. Commis sioner Whiting, after a close investigation, found no proofs of venality, but discovered that a clerk therein had extended undue privileges to an agent for claims, some of which were improperly allow ed, and he required the said clerk to resign bis office. ; A letter from Dennison, the Indian agent, repre sects the accounts of the recent Pawnee depreda tions as having been much exaggerated. The In dians, three or four thousand "of whom are in a starving condition, retaliated on the whites for wrongs. In the councils which Mr. Dennison held with them, they did not deny that some young men of their tribe were guilty of misdemeanors, but none of so serious a nature as to warrant ihe whites in taking the life of one of their chiefs. They said they were ready to make a treaty to be placed on an equal footing with the Otoe?, Missou ri's and Omahas. Boston, May 19.—The Senate passed to-day to an engrossment the resolution appropriating one hundred thousand dollars to aid the free State set tlers in Kansas, with an amendment providing that the opinion of the Supreme Court in favor of the constitutionality of the appropriation must be ob- 1 tamed before a dollar can be drawn from the treas ury. i Madison, Ind., May 16.—A fire broke out this < morning at Columbus/ Indiana, about daylight, in , a ptable near Sim’s Hotel, destroying the hotel, a shoe store, hardware store, milliner shop, and a 1 cigar store, adjoining. The fire is supposed to be ’ the work of un incendiary. The 1- 3 is about S7,CO •er SB,COO, insurance small. IjOccport, N. \May 18. —Levins Brown, Esq., of this place, commi'Led suicide yesterday morn- 1 ing by cutting Lis throat. J { GKA., WEDNESDAY, BY TELEGRAPH. Arrival of the Cabawba. New Orleans, May 22.—The Cabawba has arriv ed with Havana dates of the 19th instant. Sugars continued firm. The stock in Havana and Matanzas consisted of 290,000 boxes. Molas ses was active. The high prices had driven specu lators out of the market. The Cabawba brings no other news of importance. Charleston Market. Charleston, May 25—2 o’clock, P. M.—Sales of cotton this morning 800 bales, at prices ranging from to 14)£ cents. Charleston, May 25.—Sales to-day one thousand bales, at prices ranging from 12}£ to 14J*j cents. The market has an upward tendency. New York Market. New York, May 15.—Cotton firm, at }g advance. 9 Sales to-day 3,500 bales. Middling Orleans 14%c. * Middling Uplands lie. Flour lower: Southern c $7 40 a£7 75. Wheat unsettled. Corn advanced: Mixed is quoted at 94c. • Resin active. Spirits Turpentine steady. Rice heavy and unsettled. Mobile Market. Mobile, May 22.—Sales of the week 5,000 bales. Receipts 1,000, against 4,400 bales same week last - year. The decrease at this port is 120,000 bales. 1 The stock is 53,000. Prices unchanged. Democratic Meeting m Richmond. Pursuant to public notice a meeting of tlie Democratic party of Richmond county was held at the City Hall, in Augusta, to-day, for the pur pose of appointing delegates to represent the county of Richmond in the Gubernatorial Conven tion, to be held in Milledgeville, on the 24th day of June next. On motion of William 11. Pritchard, Esq., lion. Ebenezer Starnes was called to the chair, and W. G. Johnson requested to act as secretary. On motion of John Phinizy, Jr., Esq., a commit tee of live was appointed by the chair to report matter for the action of the meeting. That committee consisted of the following gen j tlcmen, to wit: John Phinizy, Jr., John Davison, i Henry Moore, James M. Smytbe, and Juiicn Cmu * ming, E.sqs. 1 The committee then retired,and after an absence of a few moments returned, and through their chairman, John Phinizy, Jr., offered the following ’ resolutions: ; Resolved, That wo cordially approve the » inaugural of Mr. Buchanan, the selection of his s Cabinet, and the policy of his administration, as far as it has been developed, and honestly im pressed with the belief, that the existence of the Union and Southern Equality in it, depend upon its complete and triumphant success, we deem it the duty of southern men, irrespective of party, to give it an earnest support, and believe that tins * can be done efficiently, only by sustaining the state organizations of the party, by which it was ; elevated to power, e R solved, That we approve the course of our ira t mediate representative, the Hon. Alexander JI. s Stephens, in tbe last Congress, and having no in . tormation that he desires to retire from the House o of Representatives, and ti om public life, we hereby . recommend him t * the electors I next Congress; trusting that the people of tbe District, rising above the influence of party ure i ijtidices and of petty differences, will show their I appreciation of the experience which he has ac- I qmred, and the ability and devotion to southern rights which he has’ exhibited, in his long and brilliant congressional career, by giving him an ’ ! undivided support. I Resolved, That we will be represented in the ■ I approaching Gubernatorial Convention of the i Democratic party, to be held in Milledgeville on M the twenty-fourth day of June, and appoint the * I following delegates, viz: Hon. E. Starnes, Thos. i Barrett, James T. Nisbet, T. J. Jennings, John B. ' McKitine, Jas. McNair, A. C. Walker, B. J. Winter. G. T. Barm s, J. B. We ms, D. Kirkpatiick, Jr., J. M. Newby, Turner Clanton, Juiicn Gumming, Geo. M. Newton ami Henry Moore, to represent us in that body, and that each delegate be empowered to fill liis vacancy in the event of his inability to - ] attend. Result ed, That we appreciate the fitness and the ■ | worth of all of the many distinguished gentlemen - ! whose names have been suggested in connection . ! with the Democratic nomination for Governor; that we feel an honest pride in our connection with a party which can present so many individuals , competent to fill the highest office in its gift; and j ] that we will cordially sustain the nomination of . , either of them for the Executive Chair. I Uexohnl, That whilst thus recognising the fit ness of other gentlemen and expressing our deter . mi nation chetrfully to abide toe decision of the i Convention, we would avail ourselves of this op portunity to indicate our preference for our distin • guished fellow-citizen, James Gardner, Esq., as the ’ Democratic candidate for Governor, and respect fully to present him to the party in convention, as r one, in our opinion, entitled to the nomination for [ that office and eminently fitted for it. Resolved, That we have no local or sectional in terests to subserve, in securing the election of a [• Chief Magistrate from our own county and sec , tion, no local or sectional claims to urge in favor of the nomination of the candidate we present, j but that we place him before the party, and urge . his claims distinctly upon the grounds of fitness and of service. —a fitness, equal to that of any other individual of the party, whose name will probably be before the Convention, and a service quite as distinguished, useful and arduous, and which, up to this time, has received no proper recognition from the party. On motion of Juiicn Cum ming, Esq., the pro ceedings of the meeting were ordered to be pub lished in the Constitutionalist, and other Demo cratic papers of the State. On motion, the meeting adjourned. E. Starnes, Ch’mu. W. G. Johnson, Scc’y. Augusta, Ga., May 23d, 1857. Washington Correspondence* Washington*, May 23, 18"7. Is the Governorship of Utah out begging ? Some persons think so—the best informed differ with them. As yet, although announced probable, the declining of Col. Hen, McCulloch is not positive— he may be in Washington soon and accept the trust. Still his present office may satisfy him un der the circumstances. Why is there so much fear and apprehension for the result in Utah ? There will be civil war, more or less, in order to sustain the dignity of law, and secure the true welfare of the misled masses; but even such collision is better than the existing ruin of all substantial prosperity, and reign of confusion and wickedness. Daily are Utah affairs involved in worse condition, and in similar ratio are the President and his Cabinet more determined to act—but not rashly. The position of Governor for Utah is not an undesirable fine to the brave and honorable man. The administration wish to secure the services of a superior person, combining civil qualifications, with a touch of martial and held tactics; and he who shall accept this respon sible post, and successfully carry out the wishes of the Administration in establishing “law and order," will acquire a name and position which will rank very favorably with our best statesmen. It is decidedly the most trying, and hence, the most desirable opening, f-*r the right kind of a man, to attain popularity and character, that this Government affords at this time; and there are many men in the South who are eminently quaff- t tied to discharge its duties. j Should Col. McCulloch finally decline, ii is said, c and on pretty good authority, that Tennessee may \ have the honor of obtaining the situation for one < of her gallant sons. Another than McCulloch, in ( Texas, is sp&en of, and between the two, at pre- ) sent, seems to be the choice. A good selection is ! the chief aim, so that the wants of the country i may be fully satisfied. The doctnnc of “gross proceeds” for rernunera- i ting the contractors of our ocean mail service, is , becoming very popular. We do not doubt but j that when the present arrangement with Collins’ i line expires, it will be glad to fall into this propo- j si tion rather than lose the service. Other lines of steamers are expressing their approval of tlie ays- . tern ; as it gives all a fair and equal showing. 1 Some very good Democrats think that our pre- sent Representatives abroad should begin to ex press a desire to return home, to rest a little from care and the annoyances of public life. Perhaps the “Powers that be” have parallel ©pinions upon this subject; if so, the country may look for some rotation ere long. It is a splendid policy at times. Georgia. 550 T four cases of small pox were reported at Nashville on the 20th inst. The following is the report of a committee of the Robertson Associa tion : To R. ir. Mc&'avock, President of the Robertson Association: Dear Sir : In compliance with your request, we submit the following report: la company with the city marshal we visited every house in the city where small pox was sus pected, and wo found only four cases, viz : Bth Ward—Rebecca Perry, continent, very bad. Patsy, negro slave, convalescent. James Rourke, deck passenger from a steamboat, at Pest House, recovering. Mary Morris, negro child at Pest House, a mild case. From Hie general precautions which have been taken to prevent the extension of the disease, we feel confident that uo fears need be entertained of its spread. T. A. Atchison. Jos. C. Newnax. From the Official Report, fust bp the A/ ~ pitta ns. Kcpors*rN Notes ol Points Decided by the Kiqirciue Court iu the Died Scott Came. I— 1. Upon a writ of error to a Circuit Court of the United States, the transcript of the record of all the proceedings in the case is brought before this Court, aud is open to its inspection and revi sion. 2. When a plea to the jurisdiction, in abatement, is overruled by the court upon demurrer, and the defendant pleads in bar, and upon these pleas the final judgment of the court is in his favor—if the plaintiff’ brings a writ of error, the judgment of the court upon the plea in abatement is before this court, although it was in favor of the plaintiff and if the court erred in overruling it, the judg ment must be reversed, and a mandate issued to the Circuit Court to dismiss the case for want of , jurisdiction. 3. In the Circuit Court of the United States the . record must show that the caso is one in which, by the Constitution and laws of the United States, the court had jurisdiction—and if this docs not ap ; pear, and the court gives judgment either for plain tiff' oi* defendant, it is error, and the judgment rrtusfPTi* reversed hr this eport—and the panics diction of the Circuit '(Jourt. 4. A free negro of the African race, whose an cestors were brought to this country and sold us slaves, is not a “citizen” within the meaning of the Constitution of the United States. 5. When the Constitution was adopted, they were not regarded in any of the States us mem bers of the community which constituted the State, and were not numbered among its “people or citi zens.” Consequently, the special rights uml im munities guarantied to citizens do not apply to them. And not being “citizens” within the mean ing of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court lias not jurisdiction in such a suit. C. The only two clauses in the Constitution which point to this race, treat them as persons whom it was morally lawful to deal in us articles of property and to hold as slaves. 7. Since the adoption of the Constitution of the United Stales, no State can by any subsequent law make a foreigner or any other description of per sons citizens ofthe United States, nor entitle them to the rights and privileges secured to the citizens by that instrument. 8. A Siate, by its laws passed since the adoption J of the Constitution, may put a foreigner or any ! other description of persons upon a footing with its own citizens, as to all the rights and privileges enjoyed by them within its dominion and by its laws. But that will not make him a citizen of the United Stales, nor entitle him to sue m its courts, nor to any of the privileges and immunities of u citizen in another State. 9. The change in public opinion and feeling in relation to the African race, which has taken place since the adoption of the Constitution, cannot change its construction and meaning, and it must be construed and administered now according to its true meaning and inteution when it was formed ami adopted. 10. The plaintiff having admitted, by liis demur er to tlie plea in abatement, that his ancestors were imported from Africa and sold as slaves, lie is not a citizen of the State of Missouri according to the Constitution of the United] States, and was not entitled to sue in that character in the Circuit Court. 11. This being the case, the judgment of the court below, in favor of the plaintiff'on the plea in abatement, was erroneous. ll 1. But if the plea in abatement is not brought up by this writ of error, the objection to the citizen ship of the plaintiff’is still apparent on the record, as he himself, iu making out his case, states that he is of African descent, was born a slave, and claims that he and his family became entitled to freedom by being taken, by their owner, to reside in a territory v. here slavery is prohibited by act of Congress—and that, in addition to his claim, lie lumsclf became entitled to freedom bv being taken to Rock Island, in the State of Illinois—ana being free when he was brought back to Missouri, lie was by the Lws of that State a citizen. 2. If, therefore, the facts he states do not giro aim or bis family a right to freedom, the plaintiii' is still a slave, and not entitled to sue as a u ciii acn,” and the judgment of the Circuit Court was erroneous oa that ground also, withoot aDjr refer ence to the plea in abatement. 3. The Circuit Court can give no judgment for plaintiff or defendant in a case where it has not jurisdiction, no matter whether there be a plea in abatement or not. And unless it appears upon the face of the record, when brought here by writ of error, that the Circuit Court had jurisdiction, the judgment must be reversed. The case of Capron arjt. Van Xoorden (2 Cranch, ]2«>) examined, and the principles thereby decided, re-affirmed. 4. When the record, as brought here by a writ of error, does not show that the Circuit Court had jurisdiction, this court has jurisdiction to revise and correct the error, like auy other error in the court below. It does not and cannot dismiss the cose for want of jurisdiction here ; for that would ■ leave the erroneous judgment of the court below I in full force, and the party injured without reme- * dv. But it must reverse the judgment, and, as in • any other case of reversal, send a mandate to the Circuit Court to conform its judgment to the opin ion of this court. f>. The difference of the jurisdiction in thi< court in the cases of writs of error to State Courts and to Circuit Courts of the United States, pointed j ok: ; and the mistakes made as to the jurisdiction i of this Court m the latter case, by confounding it |' with its limited jurisdiction in the former. j if. If the court reverses a judgment upon ihe ' ground that it appears by a particular part of the !, record that the Circuit Court had not jurisdiction, i; it does not take away the jurisdiction of this court «\ to examine into and correct, by a reversal of the j judgment, any other errors, either as to the juris- ; diction or any other matter, where it appears from ! other parts of the record that the Circuit Court j r had fallen into error. On the contrary, it is the ' * daily and familiar practice of this court to reverse ! t on several grounds, where more than one error ap- i pears to have been committed. And the error of j i a Circuit Court in its jurisdiction stands on the same ground, and it is to be treated in the same manner as any other error upon which its judg ment is founded. 7. The decision, therefore, that the judgment of the Circuit Court upon the plea in abatement is erroneous, is no reason why the alleged error ap parent in the exception should not also be exam ined, and the judgment reversed on that ground also, if it discloses a want of jurisdiction in the Circuit Court. 8. It is often the duty of this court, after having decided that a particular decision cf the Circuit Court was erroneous, to examine into other al leged errors, and to correct them if they are found to exist. And this has been uniformly’ done by this court, when the questions are in any degree connected with the controversy, and the silence of the court might create doubts which would lead to further and useless litigation. 111. —1. The facts upon which the plaintiff'relies, did not give him his freedom, and make him a cit izen of Missouri. 2. The clause in the Constitution authorising Congress to make all needful rules and regulations for the government of the territory and other pro perty of the United States, applies only to territory within the chartered limits of some one of the States when they’ were colonies of Great Britain, and which were surrendered by the British Gov ernment to the old Confederation of the States, in the treaty of peace. It does not apply to territory acquired by the present Federal Government, by treaty or by conquest, from a foreign nation. Tlie case* of the American aud Ocean Insurance Companies aot. Canter, 1 Peters, 511,) referred to aud examined, showing that the decision in this case is not in conflict w ith that opinion, and that tbe Court did not, in the case referred to, decide upon the construction of the clause of the Consti tution above mentioned, because the case before them did not make it necessary to decide the ques tion. 3. The United States, under the present Consti tution, cannot acquire territory to be held as a col ony’, to be governed at its will and pleasure. But it may acquire territory, which, at the time, has not a population that fits it to become a State, and may govern it as a territory until it has a popula tiou which, in the judgment of Congress, entitles it to be admitted as a State of the Union. 4. During the time it remains a territory, Con gress may legislate over it within the scope of its . constitutional powers in relation to citizens of the . United States— and may establish a territorial gov ernment—and the form of this local government must be regulated by the discretion of Congress —but with powers not exceeding those which Con gress itself, by the Constitution, is authorized to ; exercise over citizens of the United States, in re ‘ spect to their rights of persons or rights of pro | pertv. ;. l\ y —l. The territory thus acquired, is acquired ; by the people of the United States for their com mon and equal benefit, through their agent and trustee, the Federal Government. Congress can exercise no power over the rights of persons or r property of a citizen in the territory which is pro -1 hibited by the Constitution. The government and the citizen, whenever the territory is open to set tlement, both enter it with their respective rights ' defined and limited by the Constitution. ’ 2. Congress have no right to prohibit the citi ’ zensof any’ particular State or .States from takiDg lip their home there, while it permits citizens of other States to do so. N or has it a right to give pri to on* us diimtmm n-isich it rofn*t-s t tn anotUcr. me lerrnorr 13 acquired for their ■ equal and common benefit—and if open to any, it must be open to all upon equal and the same terms. 3. Every citizen has a right to take with him into the territory any article of property which ihe Constitution of the United States recognizes as property. 4. The Constitution of the United States recog nises slaves as property, and pledges the Federal Government to protect it. And Congress cannot exercise any more authority over property of that | description than it may constitutionally exercise i over property of any other kind. 5. The act of Congress, therefore, prohibiting a citizen of the United States from taking with him \ liis slaves when he removes to the territory in question to reside, is an exercise of authority over ; private property which is not warranted by the i Constitution—and the removal of the plaintiff', by i his owner, to that territory, gave him no title to f. oedoin. V—l. The plaintiff himself acquired no title to freedom bv being taken, by Iris owner, to Rock Is- ! land, in Illinois, and brought back to Missouri. This court has heretofore decided that the status or ; condition of a person of African descent depended ! on the laws of the State in which he resided. 2. It has been settled by* the decisions of the highest court in Missouri, that, by the laws of that Slate, a slave does not become entitled to bis free dom where the owner takes him to reside in a State where slavery is not permitted, aud afterwards brings him back to Missouri. conclusion. It follows that it is apparent upon the records that the court below erred in its judgment on tbe plea in abatement, and also erred in giving judg ment for the defendant, when the exception shows that the plaintiff* was not a citizen ofthe United States. And as the Circuit Court had no jurisdic tion either in the case stated in the plea in abate ment or in the one stated in the exception, its judg ment in favor of tlie defendant is erroneous, and must be reversed. The annual receipts of the more important so cieties which hare just held their anniversaries in New York and Boston foot up as follows : Societies. ISM. 185«’. i*r»7 Ann ri -.in Bil.le Society $ 34«,»J i * $i i. . AiiM’i-jgau Tract Society 413,174 415.£i>ti American 15. C. of F’*cn Missions l *>4,2-!2 *1,V.,70 i :.«.,'. l'res. !5«.-ird of Foreign Missions 181,074 301,938 < Am. Home Mission Society 180,137 193,54$ 17- i Am. and Foreign Chris. Union.. 63.5«7 f.ft,500 7if*v. Am. and Foreigh Bil.le Society.. 4*5.034 105,613 rr, e.v■ Am. Baptist Home Mi--. Society 61,345 51,541 Fr.'o Am. Anti-slavery Society I*ooo 18,000 :i.;'ooo Bailies’Home Mi-simi Society... IS.ooo *>5157 • ~ vr Y. State unionization Society. 17,571 15,993 :'.£m I-otnaie Guardian Society 20,133 37 935 .vm • v; N. Y. Sunday School Union tK*w»o tl0,00») i-,’vs SV imen s !■ riend Society 22,845 22,253 •‘*7 .v*o I‘twH* Five l'oints Mission 20,000 30,000 33 -*74 American Abolition Society .... +4,000 +5.000 6,546 Female Magdalen society 3,54 s 3,000 3.3:34 Society lor Ameliorating the Con- Children's Aid Society s,m 10.1 M llii-ii 1,963.447 * Seven months. _ t Estimated. Washington, May 21.—1 tis estimated that the troops nun- moving in the direction of Utah com prise about two hundred men. There arc two va cant federal judgships in the territory which are soon to he tilled, and probablv another marshal Will ho appointed as preliminary to enforcing the civil process. In the event of opposition on the part of the Mormons to this, the military wiil he employed to enforce the laws and to protect citi zens of the United States from Mormon oppression. It is supposed, however, that no necessity for ex treme measures will arise. The Governorship is snll unsettled, although several gentlemen are so licitous for the position. But the government is anxious to select one who will combine personal bravery with administrative talent and a question ed discretion. The programme or oncratioD.s for y", ' r:)1 00 consummated with the least possible delay. r ' I Thomas Cunningham, of Pennsylvania, has re | signed Ins associate judgship in Kansas. Boston, May 22.—The House, bv a large major i tv, refused to concur in the Senate's amendmen t on ' tile Kansas resolution, making an appropriation contingent upon the Supreme Court. Ntw \ ork, May 20.—Dates from Montevideo to : March Lb th have been received. The frigate St. t I, wrence was there, all well. The sloop of war r ti mouth was daily expected. St. Loris, May 18.— The St. Louis delegation i withdrew from the Unitarian conference at Alton, c Illinois, on Saturday last on the adoption of a i resolution declaring tue Constitution of the Uni States a failure, and the decision of the Pred Scott e case of no binding force. t YOL. 86—iSTO. 22. Georgia Kail road. We are indebted to the officers of the Georgia railroad for the following statement of the quan tity of produce brought to this city, during the time stated: Cotton. Flour. Grain. Bacon. May 16 30 203 500 47,567 “IS 10 . 75 49,586 19 29 403 10 21,438 “ 20 19 113 313 135,544 “21 282 123,250 “ 22 2 .. 290 8,690 Gen. Sam Houston, of Texas, has declared lnmself an independent candidate for Governor, and has made arrangements to canvass the entire state. By the San Antonio papers we learn that Gen. Twiggs was expected in that city hourly to take charge of the Texas division of the U. S. Army, in place of Gen. Johnson, who proceeds to Fort Leavenworth, to take command of the Govern . ment surveying expedition across the plains. The Georgian <f* Journal , of the 24th in3t, announces that the Memphis delegates will visit ’ Savannah on the 3d June. The delegation will then be on their way home, and will probably r pass through Macon/ i ini vugu .uauni! From tie Baltimore Sun. ; Hats become an Article ot Commerce* I As civilization advances human ingenuity is severely taxed to supply man’s natural and artifi cial wants. Our grandfathers wonld have said that the destructive vermin which infests our cellars under the name of rats, would be the last thing which could ever be turned to a useful purpose. , Even the tine lady of the present day, who piques . herself on her exquisitely fitting gloves, would , give one of those little shrieks, which she thinks . so sweetly feminine, if told that the thumb of her i glove was made of ratskin, as more elastic yet ' tougher than kid. The nineteeth century, in fact, sees rats elevated to an article of commerce. In , Europe the fur of the rat is used hatters, having been found to exceed in delieay even that of the beaver. A company exists in Paris, on the principle of the Hudson’s Bay Company, to buy up all the rats of France. Iu London many per t sons earn a livelihood by hunting rats in the sew . ers. A late number of the London Quarterly Re- I riV/f makes these Hu ts the text of a curious and in t ten sting article on tin- habits cf the rat, an ani mal heretofore considered unfit to be introduced 5 into deed.' se-.-irt;.. but which, under the _ j of the Quarterly, makes quite a respectable figure. Nearly every portion of the habitable globe is ’ infested with these vermin. Hardly a vessel sails without carrying with it a colony, and thus even ’ the islands of the Pacific are supplied with rats. . On board of ship they generally keep out of sight, ’ provided they can command that great necessity, ’ water; but if Ibis is guarded against their depre | dations they will come on deck, cm rainy nights, ’ to drink, and will even ascend the rigging for the sake of the moisture lying in the folds of the saPs. When very thirsty they have been known to at* ‘ tack the spirit-casts, and get, like wiser beings, tipsy, though, we believe, they never boat their I wives even when drunk. Sometimes two distinct j colonies are to be found in the same ship : one oc ! copying the stem, and ihe other the stern. It is j no uncommon thing to destroy five hundred in a ; single East Indiaman on her arrival at Calcutta. Often, when water has been scarce on the voyage, they voluntarily desert the vessel the night alter her casting anchor, generally passing to land, in ’ single file, along the mooring-rope, though, if this • is impracticable, they do not hesitate to swim. ; The genuine ship-rat is a more delicate animal jtlian the large brown rat, and approximates to the r mm*, u»r y»t fntlr^ly tinct, though some naturalists have asserted the contrary. Few persons have an idea of the vast numbers of these vermin. The Quarterly says, “ rats are to the earth what swallows are to the air, universally present.” But, unlike their feathered rivals, we rarely see them, and hence are ignorant of the countless millions that burrow under our cellars, run up and down between our walls, haunt the ; sewers of great cities, and devastate the granaries iof farmers. But it is about slaugbtcr-ln uses «hat | they “ most do ''ongregnte.” At Montfauoon, ic. Francv, the proprietor of a slaughter-house had a 1 walled enclosure, when*, one night, he threw the carcases of two or three horses, and then went qui ! ctly with his workmen and stopped up all the holes i by* which the rats had entered it, after which he i went in with these same workmen, each armed j with a stick. The rats thus entrapped, wore slain by hundreds. In a single month he killed six • teen thousand and fifty. andti\<» thotwmd six hun :di ed, and fifty in erne night. It has becr. cstirnah d j that the progeny of a single pair of rats would j amount, in three years, to six hundred and fifty-iiz thousand, if they could all find food and escape i the accidents that makes the mortality among j *hem so great. Between the large brown rat ai d ; the smaller species there exists a mortal antipathy. I It an equal number of each breed are put into u | cage over night, the bigger ones, if not hungry, ; will eat t !1‘ the long, delicate ear? of the smaller, which they seem tn consider a great luxury; but if half starved, nothing will be seen in the morn ing, of the smaller species, except the tails and bones. J The rat, according to the has never ’ received the credit lor sagacity which he deserves, ’ although the phrase “as cunning as a rat,” teatt | fies to the popular opinion of his abilities. It is not a fable that a rat. robs a hen’s nest by lying on ’ j his back and holding the eggs between his paws, ’ 1 while his companions pull him along. Rats have j been seen, one on each side, leading blind or aged rats to water. A gentleman once noticed that sev eral rats ate at the trough with his dogs; so, one day, he kept the dogs back, after the trough was t filled, intending to shoot the rats when they came to eat; but the latter were too wise to make their appearance till he let the dogs in, when he was ; afraid to shoot, and this caution they exhibited day • 1 after day, till he gave up iu despair. Sometimes, : when famished, a rat will attack poultry. Rats fre i ; qut ntly gnaw through the leaden pipes of houses, j fir the sound of running water seems to fascinate | tlk in, and many a rat, curious to get at the cause , of this strange noise, lias suddenly found himself deluged in a shower-bath. The teeth of a rat are so formed, and grow so fast, that if he dees not gnaw almost incessantly, and by this process wear | them away at the point, they become enormous circular tusks. Rats have been killed which, hav ing lost a lower tooth, have had the corresponding upper one grown into a complete circle, tr.e point of which, in winding around, had passed through the hip of the animal. The Quarterly insists that ithc rat is really a beautiful animal, especially when seen sitting on his haunches and licking his paws; but we confess that our prejudices prevent our dis cerning his beauty; and we are orthodox enough still to think that"rats should only be named wi h traps and guns, to which, if iu our power, we would consign the whole breed. Buffalo, May IS.—The bill granting relief to the Grand Trunk (Canada) railway has passed the Canadian House of Representatives by twelve ma jority. The session of Parliament will soon close. Providence, (R. 1.,) May 18.—A successful bal loon ascension was made here this afternoon by .Tames \V. Allen. II descended in safety about fourteen miles from the city. Boston, May 2m The steamer Europa sailed hence to-day for Liverpool with upwards of one million dollars. Potts dam, X. Y., May 10. —A fire occurred here this morning, destroying the Uuiversalist cliurcb, the town hall, and an adjacent building. Cincinnati, May 21. The city Council extends an invitation to the President, and through the President to the Cabinet and foreign ministers, also, to the Governors of several States, and Mayors and councils of several cities, to be present on the Od and 4th of June, to inaugurate the opening cf the Ohio and Mississippi railroad. Arrangements are making on a gr and scale for the inauguration Washington, May 22.— Arrangements are now under consideration" bv the Postmaster General to convey the great southern mail by the > irginia and Tennessee railroad vi i Richmond. Much opposition prevails from persons connect ed with the other routes. The matter win he lai.t before the board at Richmond on owt Tuesday.