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altogether in Indiana. This grant they have, I presume, obtained. However, the Illinois charter, even exclusive of this, an honorable judge writes me, "is the best in the world!" But Indiana will, no doubt, co-operate and give it efficiency.

The directors of this company, under this excel

January last, there appear, under the editorial head, four closely printed columns, taken, without any acknowledgment or reference whatever, from the work on Mexico, of our enlightened fellow citizen, Mr. POINSETT. If you were to see the paper, you would take it for granted, that the editor had, in person, acquired all the information for which our coun-lent charter, (which is now before me), will, I extryman toiled so assiduously, and yet it might stagger you to find an Englishman using these words of Mr. POINSETT, in relation to the culture of Indian corn. "The farmers do not strip the blades, as with us, but cut down the stalk." One may well ask, indeed, "who reads an American book?" if its denomination be changed instantly on its reaching England, like a Spanish dollar converted into English shillings.

[Charleston Courier.

THE LAKES AND THE MISSISSIPPI. Letter from Thomas S. Hinde, esq. dated Newport, Campbell county, Kentucky, April 2, 1825-The obligations I am under to Ohio and Kentucky do not, at all, abate that ardor I have long experienced for the prosperity of other states in the west; I mean Illinois and Indiana. Though the youngest, they are not the least deserving. If their internal resources do not permit them, at this time, to compete with the state of Ohio in so laudable an interprise, they have been casting their thoughts around them, but not as idle spectators. They are looking ahead, and are also disposed to meet future events. Possessing, most unquestionably, all the natural advantages of connecting the waters of the lakes with those of the Ohio, for two or three years past, their plans have been devised for the accomplishment of this object. This will be the connection of the two navigable points of the Maume and Wabash rivers. To meet this event, the legislature of Illinois have already incorporated a company for the purpose, by an act passed 13th Jan. 1825. Seeing that the policy pursued by the legislatures of New York and Ohio had excluded individual enterprise from their system of canalling; that their resources, at this time, being inadequate, they have found this channel open, and invited capitalists to participate in the benefits resulting from such an enterprise.

pect, open books for the subscription in the cities of the eastern states. No payments will be required until actual operations have commenced.

EFFECTS OF VACCINATION ON THE GENERAL MORTALITY. There exists, (says a late London paper), even at the present day, sufficient discrepancy of opinion on this subject, to make every thing, in the shape of respectable evidence, valuable. M. Casper's work, on the influence of vaccination, in Prussia, proves that not only the mortality among infants, but even the general mortality, has been incontesti bly lessened by it in that kingdom; thus disproving the idea of its causing other maladies to become more fatal to mankind. The following important conclusions are the result of M. Casper's investigations:

"1. The small pox formerly carried off from onetwelfth to one-tenth of the population.

"2. Of twelve children born at Berlin, one formerly perished of small pox; at present, not more than one in 116 dies from the same cause.

"3. The diseases of infancy are more common than before the introduction of vaccination, because the number of infants which survive is more considerable than it used to be.

"4. Those diseases formerly destroyed thirty-nine infants in 100; at present, only thirty-four in 100 perish by them; so that, before the introduction of vaccination, 51 children in 100 died, whilst, at present, only 43 die out of the same number. There is, therefore, a sensible diminution in the mortality among infants of a tender age.

"5. Formerly, the general calculation was of one death in every 28 inhabitants; it is, at present, not more than one in 34. There is, therefore, a sensible diminution in the general mortality."

The French academy have, we believe, appointed M. de Chateauneuf to collect information on this very important subject in France.

The act of incorporation to which I have referred, as far as the state of Illinois embraces the Wabash river, has invested in a navigation company, the capi- DR. ANTOMMARCHI AND THE BRTISH PRIVY COUNCIL. tal stock of 10,000 shares of $100 each, (one mil- The council had sent for me to appear before them: I lion), with power to enter upon any land, in or ad- went, and found that they wished to have some injoining the Wabash river, belonging to the people or formation respecting the climate of St. Helena; which inhabitants of said state, so far as may be necessary I gave them. "And Longwood-its situation was for opening a canal around the several falls, or low- good?" "Horrible! cold, hot, dry and damp, it exering the channels of the same; and also to cut dams hibited an amalgamation of every extreme of atmosand locks, aqueducts and other works, for the im-pherical variation twenty times a day." "But this had provement of said navigation; and all such lands, on no influence on general Bonaparte's health?" "It sent being appraised and paid for, to become the proper-him to his grave!" "How can that be? he died of an ty of the company. This company is also authorized hereditary affection." "Hereditary diseases are chito open a lock and canal navigation around all such rapids and other places on said river, and to dam the same for that purpose, &c.

It may be worthy of remark, that the bed of this river, for about 400 miles, forms a natural canal; that there are some falls well calculated for water works, which in this country is exceedingly valuable, and requires but moderate capital to improve the whole to the portage point, near fort Wayne; perhaps 60 or $100,000 would do it.

This act of incorporation runs for thirty years, and then not to be dissolved but by paying to the company the amount of capital which they have actually expended, together with ten per cent. interest per annum thereon, &c. It also provides for the state of Indiana joining in said act. This was pending in the legislature of Indiana, and postponed until the next session, with a view of obtaining from congress the land route between Maume and Wabash rivers, which lies

meras, the existence of which medicine does not
acknowledge. It was the climate that killed him."
"But his father?" "His father died of a schirrus of
the pylorus, and of a chronic gastro-hepatitis." "His
affections had not been transmitted to him any
more than a genius; every thing resided in him?"
"Would he not have been attacked with the same
complaint in Europe?" "No; it is endemic only in
the latitude of St. Helena." "What would have
been the consequence in the change of residence?"-
"That he would still be alive." "Even if the change
should have taken place only a few months ago?"
"Even then: his constitution was naturally strong.
and it has required two years' exposure to the cli-
mate to destroy it." "Did the formation of the ulcer
date only from that period?" "It had no existence
before." "It is a pity!" "A pity!" "But the tranquility
of the world was at stake." "However * *
"Yes," said a member of the council, "he would have

Sandwich Islands. The insurrection, headed by George Tamoree, was entirely suppressed in November last, and he himself a prisoner. It was supposed that he would be banished.

upset Europe again if he had been able to approach | pany was increased from 200,000 to 500,000 dollars, it." "Political questions is not within my sphere; but as above stated. there were stations quite as secure and less unhealthy." "Who could know that St. Helena was so insalubrious?" "Who? the parliament, every body. Registers of deaths are every where kept, and they prove that nobody at St. Helena attains the age of 40, without A cotton mill was building at Otaheite; the machieither dying or being struck with intellectual nullity."nery, for spinning and weaving, had arrived from This reply offended one of the members of the coun- England. Cotton grows spontaneously in these islands, cil. "What signifies, after all, the death of general and its quality is said to be very good. Excellent Bonaparte? It rids us of an implacable enemy, and sugar is made out of the native cane. The progress delivers him from a painful situation in which he of improvement is astonishingly rapid. would have remained forever." "The assurances Colombia. The brig Tonante, of 18 guns and 51 men, given to us by the governor!" answered I, "were not has been captured by the Spanish corvette Arethusa, of that nature." "The governor! the governor!!" and carried into St. Jago de Cuba. There are three "Your excellency does not do him justice; he was a other Colombian vessels off Cuba, and two privateers. strict follower of his instructions." "If so, why did he not cause the body of Bonaparte to be thrown into lime; the idol would then have been completely destroyed, and we should bave the sooner done with We give below, from the National Journal, an auhim." His excellency had opened his mind without thorized translation of the report of the Mexican sereserve: I had nothing, more to say, and withdrew.cretary of state, on foreign relations. It is unneI now had the measure of ministerial antipathy. cessary, (adds the editor), to call the attention of our [Last days of Napoleon. readers to this interesting paper-it is a document of sufficient importance to command the attention of all. The only remark we shall, at present, make France. The Journal des Debats mentions the arrival upon the subject, is the expression of the sincere at Toulon, of the corvette la Chevrette, from Alexan-pleasure we feel in the strong evidence it affords of dria, having on board an ancient monolithe temple, the friendly disposition of Mexico towards the people for the royal museum, of Egyptian red granite, which and government of the United States. weighs fourteen tons. The same vessel had brought twelve beautiful horses, of different breeds, and an elephant, presents from the viceroy of Egypt to the king of France, and four superb sheep from Nubia, for M. Ternaux.

FOREIGN NEWS.

The last French papers state that the grand project of a ship canal, from Havre to Paris, is seriously contemplated by the French government. Rough estimates of the expense have been made, which vary in amount, from thirty-five to forty millions of dollars. The canal is to be thirty feet deep. An English capitalist is to furnish a million sterling towards its construction. The project has been sanctioned by the king.

It is stated that the military establishment of France amounts to three hundred and fifty thousand

men!

Republic of Mexico.

Report by the secretary of state, to the congress of Mexico,
at the session of 1825.
[TRANSLATION.]

FOREIGN RELATIONS.

The invasion of Spain by France, and its result, drew the attention of all Europe to America. The new Spanish cabinet, eager to re-establish the empire of Spain over this section of the globe, solicited the monarchs of Europe to assemble in congress, to consider our state, and decide upon our destiny. It was also expected, that the necessary aid would be thus obtained, to recruit the exhausted resources of the Peninsula. That the fear of reviving the long established monopoly of Spain might not deter commercial nations from acceding to this invitation, the king of Spain granted, to all flags, the privilege of trading with the Americas, reserving to the Spanish certain advantages. These pretensions of the cabinet of Madrid are truly astonishing. Pre

who, long since, denied the right, Spain desires to assume the charge of government, while she secures to other nations its benefits. Were she to abandon the chimeric notion of subjecting us, the friendly relations which she might cultivate with us, would sccure to her important advantages.

Italy. A letter from Rome, of March 6th, says: "The consort of the too famous prince de la Paix, Emanuel Godoi, princess of the blood of the Bour-suming to the exercise of authority over a people bons, and cousin-german of Ferdinand VII. arrived, some time ago, in the Roman states. Much surprise was excited by seeing her join her husband, of whom she had serious cause of complaint during his omnipotence in Spain. Her rejoining this man, at a time when he passes an obscure and retired life, and is loaded with public contempt, perhaps, does honor to her character in the view of reflecting persons. The health of madam Letitia Bonaparte, Napeleon's mother, is in a very unfavorable state; her fortune is great. Her sons, Louis, Lucien and Jerome, occupy magnificent palaces; the two former cultivate the arts and letters. The princess of Wurtemberg, Jerome's wife, has an attachment to the ex-king, of which there are few examples in private life."

A Paris paper contains the following article: "Signor Gulmini, formerly Maitre de Chapelle of Pope Benedict 14th, died lately in the neighborhood of Parma, aged 138 years. This is the first instance of a musician having reached that advanced age."

Germany. An American mining company has been formed at Elberfield, with a capital of 500,000 Prussian dollars. The seat of its operations is intended to be in Mexico, at the capital of which the agents arrived nearly a year ago; and the report made by them was so satisfactory, that the stock of the com

The Spanish government, by this system, has given a new direction to European policy. England, in reply to the invitation of the minister of king Ferdinand, declined attending the proposed congress; and, in the papers presented by the English ministry to the parliament, which were published, she frankly disclosed the liberal principles which were to guide her conduct. Without refusing to recognize our independence, England desired that Spain should first take this important step, indicating, at the same time, that she would not long wait the shifting policy of the cabinet of Madrid, and she openly declared that she could not suffer any power, or league of powers, to interfere with an armed force as the auxiliary of Spain, in the questions pending betwist her and her colonies. The resolution of the president of the United States of America, announced in his message to the congress of 1923, was of a similar character; and as France, about the same time, declared her friendly dispositions, there are well founded reasons for believing that our independence will soon be re

cognized by the nations of Europe. This will great-circumstances bind them together, and cause the rely contribute to the regular organization of the dif-verses and the prosperity of each to be felt by allferent governments of our continent, heretofore ad- They are disposed mutually to assist in the attain ministered provisionally, and to the full advantage ment of that which is their common object. of the late glorious events, which have forever pre- To regulate our movements, and to organize these vented the restoration of Spanish dominion in Peru. combined forces, the Colombian government conThis flattering perspective, however, will not dimi-ceived the grand design of forming a general league nish the vigilance of the government, but, connecting defensive preparations with pacific negotiations, we will ever be ready to conclude honorable peace, or repel hostile invasion.

This is, concisely, the state of foreign policy in relation to this republic; and the measures of the government have been adapted to circumstances. A minister plenipotentiary was appointed to the government of his Britannic majesty, as soon as its friendly dispositions were known, who was also empowered to institute negotiations with all the European powers, not excepting Spain; and, although the questions agitated have not been definitively settled, they are in favorable progress. As our commercial relations with Great Britain are constantly enlarging, and as the loans intimately affect our financial operations, it was deemed proper to appoint a consul general to that kingdom, who was authorized to designate vice consuls for the ports where commerce should require them. He was particularly instructed in relation to the exercise of his delicate commission.

of all the American states heretofore under the dominion of Spain. Invitations for this purpose were made to the governments, and treaties of alliance and confederation consequently formed. A treaty with this government was concluded on the 3d of October, 1823, approved by the congress on 2d December, instant, and ratified by the executive the same day. This was also approved by the congress of Colombia, and ratified by the government; but its publication has been deferred, because of its not having received a formal ratification.

At the moment of our independence, the president of that republic appointed a minister plenipotentiary near the provisional government which we had at that time, who continues the exercise of his functions. The minister appointed, on the part of this government, to reside at Bogota, has been prevented from reaching his destination by various causes; but that the important communications arising out of our intimate relations might not be obstructed, the secretary of the legation has been ordered to that court, to exercise the office of charge de affaires till the arrival of the minister.

The consul general appointed by his Britannic majesty, and other consuls for the principal ports of the republic, have assumed the exercise of their The independence of the ancient kingdom of Guatafunctions; and their commissions have been acknow-mala, having been formally recognized, under the title ledged by official exequators. The diplomatic agents of the United Provinces of Central America, by a defrom that government have been received and re- cree of the congress on the 25th of August of last year, garded with the consideration due to a nation which the minister plenipotentiary, deputed by that governwas the first among those of Europe to open relations ment, has been received as accredited to this court. of friendship and good correspondence with the re- It was determined to appoint immediately, a minister public. These will become more intimate with the of like character, to reside at the capital of the new frequent and regular communications that have been republic. This has not yet been done, but may be established by means of packet-ships, which sail from expected in a short time. Liverpool every month, for the conveyance of despatches and correspondences. They will also be strengthened by the impulse which this arrangement will give to trade, and by the multiplication of commercial interests between the two nations. Our commercial intercourse with other nations has considerable increased; and they now perceive how important to all are the advantages of our independence. Hostile measures have been prosecuted against Spain and her commerce; and, to obstruct supplies for her castle of San Juan de Ulua, a blockade of this fortress has been proclaimed, which has been respected by the English vessels of war, anchored at the isle of Sacrificios.

The president of the republic has been desirous, ever since his election, of despatching an agent to Rome, to adjust religious concerns with his holiness. But the causes that have hitherto prevented him, will be made known in the memorial to be submitted by the secretary for justice and ecclesiastic affairs.

Among the provinces whose independence was recognized under the preceding title, was not comprehended that of Chiapas, which continued independent on both nations. They have acknowledged the right of this province to determine to which of the two republics, between which it lies, it would attach itself. To have remained a long time in hesitancy would have been equally prejudicial to both; the government, therefore, to hasten a decision, agreeably to the instruction of the congress, and to give to the declaration the character of the freedom and formality proper for acts of this nature, used the frankest mea sures, rejecting the most distant advantage of interest or influence, and invited Guatamala to do the same. This gave rise to a correspondence which was conducted with that candor and good faith that should ever subsist between two friendly and neighboring nations; and which, if necessary, will be submitted to the congress. Chiapas, in the meanwhile, freely exercising its right, solemnly resolved to unite itself to this republic, with the exception of some districts,

the pleasure of witnessing an addition to the number of its states by one of those triumphs of opinion, when uninfluenced by force.

The friendship that has subsisted with the United States of America, since the declaration of indepen-and was admitted into the confederation, which has dence, has not been interrupted. That government appointed a minister plenipotentiary to reside near this court; and the failure of his arrival has had no connection with the friendly relations that unite the two nations. Sir Don Pablo Obregon was sent by this republic to that government with equal powers, and, according to official communications, he has been received and recognized by the president at Washington.

The nature of the cause and the identity of interests, which belong to all the countries of America, that have broken the yoke of Spain, connect them so closely, that, although separated, and acknowledging different centres of government, they may still be said to compose a whole, of homogeneous parts. These

Some movements of the Indians of New Mexico, who lead an erratic life in separate tribes, and also of those who have made advances in civilization, and are settled in different communities, have menaced that part of the republic. The imprisonment of the chiefs who excited the Opatas to insurrection, has quieted these disturbances. It is due to the United States' authorities, to acknowledge their kind offices of mediation in the range of their territory bordering on that of New Mexico, in averting the evils and calamities of a desolating warfare. To prevent the occurrence of these hostile dispositions in future, the

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TERRITORIAL LIMITS. The following, copied from the National Gazette of the 3d inst. though it has immediate reference only to the catching of oysters, embraces an able exposition of some of the most interesting and comprehensive articles of the federal constitution:

Edward D. Corfield Circuit court of the United States for the eastern district of Pennsylvania. Daniel Carral,

03.

This was one of a number of actions of trespass, originally brought in the district court for the city and county of Philadelphia, to recover damages for an alleged interference with the rights of oystermen, and the owners of oyster boats, in the cove of Morris river, Cumberland county, New Jersey.

The plaintiff was a citizen of Pennsylvania, and the owner of the Hiram, captured in the act of dredging, on the 15th May, 1821, by the schooner Independence, fitted out from Leesburg, on the river, to enforce obedience to the oyster laws of New Jersey. The defendant, a citizen of New Jersey, was one of the crew of the Independence.

In these circumstances, the case was removed, under the act of congress, to the circuit court; and, at April sessions, 1823, a verdict taken for the plaintiff, subject to the opinion of the court on all the points in controversy. At October sessions, 1824, the cause was again fully argued by counsel, and held under advisement.

J. R. Ingersoll and C. J. Ingersoll, for plaintiff:
McIlvaine and Condy, for defendant.

Fourthly, We have to consider the objection made
by the defendant's counsel to the form of this action.
The first section of the act of New Jersey declares
that, from and after the 1st May till the 1st Septem-
ber, in every year, no person shall rake on any oyster-
bed in this state, or gather any oysters on any banks
or beds within the same, under penalty of 10 dollars.
2d sec. No person, residing in or out of this state,
shall, at any time, dredge for oysters in any of the
rivers, bays or waters of the state, under the penalty
of 50 dollars.

The 3d sec. prescribes the manner of proceeding
in cases of violations of the preceding sections.
The two next sections have nothing to do with the
present case.

The 6th section, enacts that it shall not be lawful for any person, who is not at the time an actual inhabitant and resident of this state, to gather oysters in any of the rivers, bays or waters, in this state, on board of any vessel not wholly owned by some person inhabitant of, or actually residing in, this state; and every person so offending shall forfeit 10 dollars, and shall also forfeit the vessel employed in the commission of such offence, with all the oysters, rakes, &c. belonging to the same.

The 7th section provides that it shall be lawful for any person to seize and secure such vessel, and to give information to two justices of the county where such seizure shall be made, who are required to meet for the trial of the said case, and to determine the same; and, in case of condemnation, to order the said vessel, &c. to be sold.

The first question then is, whether this act, or either section of it, is repugnant to the power granted to congress to regulate commerce? Commerce, with foreign nations and amongst the several states, can mean nothing more than intercourse with those nations and among the states, for purposes of trade, be the object of the trade what it may. This intercourse must include all the means by which it can be carried on, whether by the free navigation of the waters of the several states, or by a passage over land through the states where such passage becomes necessary to the commercial intercourse between the It is this intercourse which congress is inThe points reserved present for the consideration states." But this power, of the court many interesting and difficult questions, vested with the power of regulating, and with which which will be examined in the shape of objections, no state has a right to interfere. made by the plaintiff's counsel, to the seizure of the which comprehends the use of and passage over the Hiram, and the proceedings of the magistrates of navigable waters of the several states, does, by no Cumberland county, upon whose sentence the de-means, impair the right of the state governments to fendant rests his justification of the alleged trespass. These objections are,

At the present April sessions, 1825, the opinion of the court was delivered by Washington, J., as follows:-

First, That the act of the legislature of New Jersey, of the 9th June, 1820, under which this vessel, found engaged in taking oysters in Morris river cove, by means of dredges, was seized, condemned and sold, is repugnant to the constitution of the United States, in the following particulars:

1. To the 8th sec. of the 1st art. which grants to congress the power to regulate commerce with foreign nations and among the several states, and with the Indian tribes.

2. To the 2d sec. of the 4th art. which declares that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several

legislate upon all subjects of internal police, within their territorial limits, which is not forbidden by the constitution of the United States, even although such legislation may indirectly and remotely affect commerce, provided it do not interfere with the regulations of congress upon the same subject-such are inspection, quarantine and health laws, laws regulating the internal commerce of the state, laws establishing and regulating turnpike roads, ferries, canals, and the like.

In the case of Gibbon, vs. Ogden, 9 Wheat. which we consider as full authority for the principles above stated, it is said, "that no direct power over these objects is granted to congress, and, consequently, they remain subject to state legislation. If the legislative power of the union can reach them, it must 3. To the 2d sec. of the 3d art. which declares be for national purposes; it must be when the power that the judicial power of the United States shall ex- is expressly given for a specified purpose, or is cleartend to all cases of admiralty and maritime jurisdic-ly incident to some power which is expressly given."

states.

tion.

In case the act should be considered as not being exposed to these constitutional objections, it is then insisted

Secondly, That the locus in quo was not within the territorial limits of New Jersey: But if it was, then, Thirdly, It was not within the jurisdiction of the magistrates of Cumberland county.

But if the power which congress possesses to regulate commerce docs not interfere with that of the state to regulate its internal trade, although the latter may remotely affect internal commerce, except where the laws of the state may conflict with those of the general government, much less can that power impair the right of the state governments to legislate, in such manner as in their wisdom may seem best, over

the public property of the state, and to regulate the use of the same, where such regulations do not interfere with the free navigation of the waters of the state, for purposes of commercial intercourse, nor with the trade within the state which the laws of the United States permit to be carried on.

The grant to congress, to regulate commerce on the navigable waters belonging to the several states, renders those waters the public property of the United States, for all the purposes of navigation and of commercial intercourse, subject only to congressional regulation. But this grant contains no cession, either express or implied, of territory, or of public or private property. The just privatum which a state has in the soil covered by its waters, the products of that soil or waters, is totally distinct from the jus publicum with which it is clothed. The former, such as fisheries of all descriptions, remains common to all the citizens of the state to which it belongs, to be used by them according to their necessities, or according to the laws which regulate their use. "Over these," says Vattel, book 1, chap. 20, sec. 235, 246, "sovereignty gives a right to the nation to make laws regulating the manner in which the common goods are to be used." "He may make such regulations respecting hunting and fishing, as to seasons, as he may think proper, prohibiting the use of certain nets and other destructive methods." J. c. sec. 248. The jus publicum consists in the right of all persons to use the navigable waters of the state for commerce, trade and intercourse, subject, by the constitution of the United States, to the exclusive regulation of congress.

If then the fisheries and oyster beds within the territorial limits of a state, are the common property of the citizens of that state, and were not ceded to the United States, by the power granted to congress to regulate commerce, it is difficult to perceive how a law of the state, regulating the use of this common property, under such penalties and forfeitures, as the state legislature may think proper to prescribe, can be said to interfere with the power so granted. The act under consideration, forbids the taking of oysters by any person, whether citizens or not, at unseasonable times and with destructive instruments: for breaches of, the law prescribes penaltics in some cases and forfeitures in others. But the free use of the waters of the state, for purposes of navigation and commercial intercourse, is interdicted to no person, nor is the slightest restraint imposed upon any to buy and sell, or in any maner to trade within the limits of the state.

It was insisted by the plaintiff's counsel that, as oysters constitute an article of trade, a law which abridges the right of the citizens of other states to take them, except in particular vessels, amounts to a regulation of the external commerce of the state. But it is a manifest mistake, to denominate that a commercial regulation, which merely regulates the use of the common property of the citizens of the state, by forbidding it to be taken at improper seasons, or with destructive instruments. The law does not inhibit the buying and selling of oysters after they are lawfully gathered, and have become articles of trade; but it forbids the removal of them from the beds in which they grow, (in which situation they cannot be considered as articles of trade), unless under the regulations which the law prescribes. What are the state inspection laws, but internal restraints upon the buying and selling of certain articles of trade? And yet, the chief justice, speaking of those laws, 6 Wheat. 203, observes that "their object is to improve the quality of articles produced by the labor of a country, to fit them for exportation; or, it may be, for domestic use. They act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose." Is not

this precisely the nature of those laws which pre scribe the season when, and the manner in which the taking of oysters is permitted? Paving stones, sand and many other things are as clearly articles of trade as oysters-but can it be contended that the laws of a state, which treat as tort feasors those who shall take them away without the permission of the owner of them, are commercial regulations?

We deem it superfluous to pursue this subject further, and close it by stating our opinion to be, that no part of the act under consideration amounts to a regulation of commerce, within the meaning of the 8th section of the 1st article of the constitution.

2. The next question is, whether this act infringes that section of the constitution which declares that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states?

The inquiry is, what are the privileges and immunities of citizens in the several states? We feel no hesitation in confining these expressions to those privileges and immunites which are, in their nature, fundamental-which belong, of right, to the citizens of all free governments, and which have, at all times, been enjoyed by the citizens of the several states which compose this union, from the period of their becoming free, independent and sovereign. What these fundamental privileges are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads-protection by the government, the enjoy ment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may justly prescribe for the general good of the whole. The right of a citizen of one state to pass through or to reside in any other state, for purposes of trade, agriculture, professional pursuits or otherwise-to claim the benefit of the writ of habeas corpus-to institute and maintain actions of any kind in the courts of the state-to take, hold and dispose of property, either real or personal-and an exemption from higher taxes or impositions than are paid by the other citizens of the state, may be mentioned as some of the porticular privileges and immunities of citizens which are already embraced by the general description of privileges deemed to be fundamental;-to which may be added elective franchise, as regulated and estab lished by the laws or constitution of the state in which it is to be exercised. These, and many others which might be mentioned, are, strictly speaking, privileges and immunities; and the enjoyment of them, by the citizens of each state, in every other state, was manifestly calculated, (to use the expression of the preamble of the corresponding provision in the old articles of confederation), "the better to secure and perpetuate mutual friendship and intercourse among the people of the different states of the union."

But we cannot accede to the proposition which was insisted upon by the counsel, that, under this provision of the constitution, the citizens of the several states are entitled to participate in all the rights which belong exclusively to the citizens of any particular state, merely upon the ground that they are enjoyed by those citizens. Much less, that, in regulating the use of the common property of the citizens of such state, the legislature is bound to extend to the citizens of all the other states the same advantages as are secured to their own citizens.

A several fishery, either as the right to it respects running fish, or such as are stationary, such as oysters, clams and the like, is as much the property of the individual to whom it belongs as dry land or land covered by water, and is equally protected by the laws of the state against the aggressions of others, whether citizens or strangers. When these private

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