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TRANSLATION of a Discourse delivered by the King, before the Acadeney

of Agriculture, on the anniversary of its institution. Gentlemen—At the institution vation of its rights, and the estaof this academy, twelve years ago, blishment of its prosperity, are not I remarked, in my address, that secured by precipitation, which agriculture flourished most where effects nothing ; permanent ima people may rest secure as to provements must be introduced by the future, under the protection of time and repeated exertions. There guaranties. Our expectations have are individuals who do not always been surpassed by the results. The perceive the beneficent purposes of influence of law, regard for its exe- the government, and imagine themcution, individual security, and the selves aggrieved, when it is only inassurance that the power of go- tended to break the chains by which vernment was engaged to secure custom has bound them; whilst the them inviolate and lasting, are the very extent of knowledge in others causes of our immense productions, impels them to leap the barrier to notwithstanding the severity of our their wishes. If it be the duty of climate.

a citizen to respect the laws-even Twelve years ago, we were de- if they contain errors—the chief of pendent on our neighbors for the a state himself is often compelled first necessaries of life ; we are to act cautiously in abrogating now able to send supplies wherever usages consecrated by time, hor. a scarcity may prevail

. The ships ever opposed they may be to the of Sweden have already exported development of the richness and our grain to the ports of the Atlan- greatness of his country. tic and the Mediterranean. But, Nations are unlike to individuals. gentlemen, there is one grand ob. These are eager to enjoy whatever ject which should ever be kept in dazzles, captivates and enchains view : it is the system of conserva- them. Nations, on the contrary, tion. If this principle regulate perceive ages to pass away, and enterprise, equilibrium will be pre- await the approach of future ones; served, the riches of the country the slow march of time and the exincreased, and individual fortunes perience of the past, confirm their enlarged. We should, at this time, existence, and prepare them for a direct agricultural speculations to- condition that may be the pride wards this conservation, rather than of their contemplation. It is this to the maintenance of that impulse progressive march which I ask for already given to them, which has the interests of agriculture. It inbeen so perseveringly and success- structs us that the surplus of agrifully followed.

cultural productions should be exTo conquests there is a limit; changed against the products of the necessity of things, the force of industry of towns : and that while events, and nature itself require it. these are cultivators of the soil, and Let us profit by the lessons which not employed in manufacturing, a every thing conspires to teach. country may be tranquil in its inteThe good of a nation, the preser. rior, and content with the enjor. ment of its labors. But if towns past, reflect on the present, and compete with the country in culti- trust in the future with confidence, vation, this branch of industry under the protection of that Provimust finally be limited. They dence, which has, in so miraculous must, therefore, labor in producing a manner, watched over one of the those articles which we require, most ancient people of Europe ; and for which we are yet tributary. let us reflect that whilst many naWe have the satisfaction to know, tions are obliged to seek new rethat the increase of population, sources to supply their annual desince 1811, is equal to the whole ficit, the two governments of Scanamount of that of the two most dinavia have executed great works populous provinces of the kingdom of internal communication for the at that time.

benefit of agriculture, and every A nation studies the legislation year have presented an excess of of its neighbors, to extract from revenue, or subtracted from the it what is useful ; it should study burden of taxes which weighed their agriculture and administra- most heavily on the agriculturist. tion, to profit of their discoveries, Let us not forget, that to continue and avoid their errors. Agricul- free in our domestic, and indepenture is a branch of industry, and dent in our political relations, we the most important of all; but, have but to prove true to ourselves, like others, it is governed by laws, and to reconcile the love of indeand these depend on the quantity pendence with respect for authori. of consumers. If production be ty. The two people of the peningreater than consumption, and sula maintaining relations of union have not a home or foreign market and mutual confidence and attachfor its surplus, the condition of the ment, will be powerful in that concultivator will become every day nection, and no less strong in the more serious and distressing. policy of their government; for

Let us take advantage of what- ambitious of nothing abroad, they ever is useful, and reject what is have nothing to fear. prejudicial. Let us revert to the


Circuit Court of the UNITED STATES for the Eastern District of Penn



This was one of a number of ac- McIlvaine and Condy, for detions of trespass, originally brought fendant. in the district court for the city and At the present April sessions, county of Philadelphia, to recover 1825, the opinion of the court was damages for an alleged interference delivered by Washington, J., as with the rights of oystermen, and follows :the owners of oyster boats, in the The points reserved present for cove of Morris river, Cumberland the consideration of the court many county, New-Jersey.

interesting and difficult questions, The plaintiff was a citizen of which will be examined in the shape Pennsylvania, and the owner of the of objections, made by the plainHiram, captured in the act of dredg- tiff's counsel, to the seizure of the ing, on the 15th May, 1821, by the Hiram, and the proceedings of the schooner Independence, fitted out magistrates of Cumberland county, from Leesburg, on the river, to en- upon whose sentence the defendant force obedience to the oyster laws rests his justification of the alleged of New Jersey. The defendant, a trespass. These objections are, citizen of New-Jersey, was one of

First. That the act of the legisthe crew of the Independence. lature of New-Jersey, of the 9th

In these circumstances, the case June, 1820, under which this veswas removed, under the act of con- sel, found engaged in taking oygress, to the circuit court; and, at sters in Morris river cove, by means April sessions, 1823, a verdict taken of dredges, was seized, condemned for the plaintiff, subject to the opi- and sold, is repugnant to the connion of the court on all the points stitution of the United States, in the in controversy. At October ses- following particulars :sions, 1824, the cause was again 1. To the 8th sec. of the 1st fully argued by counsel, and held art. which grants to congress the under advisement.

power to regulate commerce with J. R. Ingersoll and C. J. Inger foreign nations and among the sevesoll, for plaintiff.

ral states, and with the Indian tribes.

2. To the 2d sec. of the 4th vers, bays, or waters, in this state, art. which declares that the citi- on board of any vessel not wholly zens of each state shall be entitled owned by some person inhabitant to all privileges and immunities of of, or actually residing in, this citizens in the several states. state ; and every person so offend.

3. To the 2d sec. of the 3d ing shall forfeit 10 dollars, and art. which declares that the judi- shall also forfeit the vessel emcial power of the United States ployed in the commission of such shall extend to all cases of admi- offence, with all the oysters, rakes, ralty and maritime jurisdiction. &c. belonging to the same.

In case the act should be consi- The 7th section provides, that it dered as not being exposed to these shall be lawful for any person to constitutional objections, it is then seize and secure such vessel, and insisted

to give information to two justices Secondly. That the locus in quo of the county where such seizure was not within the territorial limits shall be made, who are required to of New-Jersey: But if it was, meet for the trial of the said case, then,

and to determine the same ; and, Thirdly. It was not within the in case of condemnation, to order jurisdiction of the magistrates of the said vessel, &c. to be sold. Cumberland county.

The first question then is, wheFourthly. We have to consider ther this act, or either section of the objection made by the defend- it, is repugnant to the power grantant's counsel to the form of this ed to congress to regulate comaction.

merce ? Commerce, with foreign The first section of the act of nations, and amongst the several New-Jersey declares, that from and states, can mean nothing more after the 1st May till the 1st Sep- than intercourse with those na. tember, in every year, no person tions, and among the states, for shall rake on any oyster-bed in this purposes of trade, be the object of state, or gather any oysters on any the trade what it may. This inbanks or beds within the same, un- tercourse must include all the der penalty of 10 dollars.

means by which it can be carried 20 sec. No person, residing in on, whether by the free navigation or out of this state, shall, at any of the waters of the several states, time, dredge for oysters in any of or by a passage over land through the rivers, bays, or waters of the the states where such passage bestate, under the penalty of 50 dol- comes necessary to the commercial lars.

intercourse between the states. It The 3d sec. prescribes the man- is this intercourse which congress ner of proceeding in cases of vio- is invested with the power of relations of the preceding sections. gulating, and with which no state

The two next sections have no- has a right to interfere. But this thing to do with the present case. power, which comprehends the use

The 6th section enacts, that it of, and passage over, the navigable shall not be lawful for any person, waters of the several states, does, who is not at the time an actual in- by no means, impair the right of habitant and resident of this state, the state governments to legislate to gather oysters in any of the ri- upon all subjects of internal po

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