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gCSSEfc LILT ?4, lb*?. WtWAY, JULY Mr. Colkmav, for many years the Kdlt tor of the Evening Host, died a few days since in New York m hit C4th year Dr. Watkim's trud it not yet over. The r.ute It before the petit Jury. We are re ally lid and dbfttded with thit case. Whether guilty of a crime, punishable by the U.8. Court or not, he.haa beyond all (juettion disgraced hlratelf and those lCdit ur?, who defend bira. We ^ennot but ex j?rets*our surprise, Uoweyer,at the weak nest of the Wathington Bar?Take the ^vrhoie case, Judge*, Lawyer*, and the de* ?tndant together and they make the Praoat uninteresting group ever presented to .the attention of to large a community. Can til be possible tliut there it to little taleut in the City of Washington ? We should per? httptexcept the defendantt' counsel, Mr. Junes. We publish in thit ditys paper the case of State vt. Mary Fuller, reported in the 1st volume of M*Cords Law ltcports. It it the judgment of the Conrt of Appealt on the power of the Governor to pardon, on any terms he may prescribe. Could our Iriend the editor of the Mercury have over looked thit case i The judgment of the Court expressly ssvs that the object ol thit Constitutional power in the Governor, it tliut he may substitute one punishment for another. The most general terms in the English language are uted in giving the power. The rumor oi the papers is that Gen. Lafayette hat offered to give his Florida lands to pay Mr. Munroe's debt. We do not believe one word of it. Gen. Lafayette hat too much sense to do any such foolish thing. Who it Mr. Munroc that he should have his debts paid by other people } We beg to call the attention of our read ers, to an article in this days paper on ba thing. In thit hot cliinatc what is like cold crater? At u late dinner in Huston, *omc one drank ?' John Qu'mcy JAdamy. May lie confound .-.'1, his enemies." As he has done his friends, replied Mr. Webster, drinking the toast with his amendment. Tht A'atitnai Journal, of July fcth, in Torms im, that Andrew C'oyle, chief clerk inthoGcnml Post Office, ha* boon reuio ved, and that Obadiah B. Drown has been appointed in his place. "We know not," <says the Journal) "what reason has been assigned fur tbis new reform," hut adds of one fact our readers may be assured?the public good has neither been consulted nor promoted by the change. Admirable logic! The Journal knows not the reat'in of the reform?but swears that it has been bad in motive uud bad in operation! This, however, is in good character with a Journal which is hir ed to slander the administration in ?whatever is done?whether it Iw excep tionable or unexceptionable. Ono thing every good citizen will concede?that is a good administration, which presents to the most captious and cynical no othor ground* of objection, but the removal of a few sub ordinato agent*, whose demerits are yet to bo brought tolight thro' a committee of Con gress, in all cases which may not take the direction of that of Dr. Watkins. Neither ?he Law* of Nature nor the good govern ment of tho nation will l>e interrupted by the obstreperous clamour of a few clerks, and their mouth-piece?tb.-> National Jour nal. Let it be remembered that nut of 274 of- I Jkcrs belonging to tho different depart ! mont* of tlu> cabinet at Washington, only I %Z1 have been removed. If we remutuhcr I ?he rases of Watkins, Noump, & Fille brown, all choice spirits of the lastadwinis-! ?ration, we rnnuot much quewtion, that j there were at least 27 oxcrenseiice* which ought to have l>enn lopped off. In all mat tow, it is true, even of the Irast impor tance, we desire lo see tho present admin istration pure and upright, magnanimous and wise: nor have we seen any evidence to convince us that it has yet been other wise. We believe the motto of (Jen. Jack son has hoen: " Fiat j'uilt<n, rutt! r rlum." Thff Journal* in Mr t.'lity V interest have 1I10 impudence and rorklevun*** to charge U|?in tim Jiickwtii nifiiib<!r.4 of tho South a co-operation in making tho Tariff of 1h*JH wh.it it i? With a ahaiiieh'iM dc fiance of truth and the record* of t'ongrc**, even llr/.*kiah Nile*, who professes t.? |?o ?? faithful and impartial Kegittcr of fm-t.< and political hintory, vi*i?a upon tin* South, under tho agony of doapair whiHi the misfortune* of tho manufacturer* have pro duced, tho fMI? i? in of pa**ing a meutiro, ai;ain*t which tho mo*t aoiemn I i^lnti\-?* protest* have Ihwui entered upon 11n? Jour nal of thn Senate- -and for w hkh tho Mouth ha* horetofore be?m charged with tho d?? ?igu of flif*iM>lviikfc tin- Union! Will thin veteran champion of Kpiuning-jenQic* turn to tlio Ayr* and Noe* upon thn paa?age of that "hill of abominationa" and tdiew tho country whero tho name* of tho Southern me?nt*re ami No doubt tho tax upon Afohtui and pcrbapa that upon 8ufar arc ?ya gore* to tho veteran,?and the New England Monopoh*t? In relation to tlte former, woremombar that the "Ood-like man," Mr. Webater, railed u|hmi the bent blood of <?l*l MaoMohttaetta to rvniit it. lie thought it an opprewion and an inanlt which Now-Knghud could not brook. It waanot AVte Kngtaml trhn h wai intended to b? brought tindar tho yoko ofidarery. We do not ilepiro, in tho ahatntcl, n tan Holaaac* reft npon *ugar~but tut hope theso featur?* may always be proou uont in the TariQ of 18S8. It appear* that the tM?/>fr?wiyn in deep tribulation?and Mr. Nile* haa ahod many a compassionate tear over their un expected dinaliter*. Why do they not flour ish! They have around (hum (he aliield and buckler of protection and monopoly. They received tiio qui J pro quoin theTariffof '28, and they have had tho lull and ffee enjoy ment of the domettic market, for which Mr j Niles bus been so vociferous fruiu lblO to (he I present day. So olao (he farmert of New Kngland, who, wo learn are tho only representative* ot.hncrican InduUry, were taught to be* llevo that the Corn Law of England were to be redressed by the TUrifl of 18II&? Have they found it sol Mr cod the protect! re power upon the lory principle. Haa the* Tariff the Colonial Trade, haa it repealed Corn Lawsl In short wtiat goou has it done! We should be glad to have an in telligible answer. ? ? The following Toast was given at Green ville on tho 4th of July, by Mi^or G. Sea sour: The Hon. If mi. Smith.?Our very w,orthy and distinguished Senator in Con gress?May those of our member* who vo(o against him at the noxt eloction bo politi cally condemned, "over after to hold their pcaco." In immodiato connexion, the following, by B. F. Perry Ksq.?Judge Hutfcr?In (ho bosom of this man may be found the (ruo, genuino, and original South Carolina charac(cr. Are we (o understand from thesenti-| inent of Major Seaborn, that Judge Smith ' is to have opposi(ion for (heSeua(e1 If so, wo beg leave (o inquire by whom! And again, why! Wo do ho for (he bcnefitofour reader#, who would no doubt feel much gra(ificd wi(h information upon both these points. On (he samooccasion, by Major W aowy Tiiom phon :?Hit Excellency S. J). Miller, ?When (alon(s, patriotism and privalo virtues are no longer honored, ho will loose the s(a(ion which he now occupies in pub lic esteem.? It Mr. Clay is a inuu of distinguished abilities, and unusual power* uf oratory, there are points of diameter, and exhibi tion* of conduct belonging to him which ought to render him an object of suspicion, of distrust, of condemnation to the whole American people?and of disgust and ab - horrence to the South. He is indomitable in his ambition.?The chastening 10Q of public opinion was applied to him by the American people?and he was discarded from office with a force of indignation which ought to have taught him the virtue of submission to the only sovereign power ill this republic?the power of the people. Vet his speech at Washingtim on the 7th of March proclaimed open war upon public sentiment, and ho has since been incessant ly employed in organising his scattered el ements in Kentucky and elsewhere in anticipation of a struggle for the Presiden cy. There was nothing in a laudable am bition for so elevated a station inconsistent with the talents and acquirements of Mr. Clay previous to 1824.?But future events have placed the seal of condomnation, fix ed by tho American people, upen him? and the disingenuous, violent, and partisan mentis which he has cmployod, and isem I ploying, to sap public confidence in the | present administration, evince at once the I desperation and the unholy ambition of i Henry Clay. He is wanting ,in judgment | too. Does he imagine, that a few remo vals of inferior officers, tho reason* for I most of which are yet to 1m? developed, and will no doubt be satisfactory, con reach, however ingeniously and elal>orately dis torted, tho firm foundations in public confi dence and veneration, upon which (general Jackson is basedl Has ho found any thins hi the great mcasuresof this administration up on which ho can lay hold as subjects of din ic r oratory and public declamation^ Can lie (M'rsuade the American people in con demn their favourite in advance1 It is a vain and foolish effort. We perceive that a nsxiofi has been opened in (tin Richmond Knquirer si* to a fit peraon to prcaide over tliu deliberation* of the Virginia convention. Mr. Holit. Stenard, tA Spotsylvania District, in re commended in tin* Knquirer of the Oth inst. We |iubliahtoday, a 1'utition, wliicli is getting up in Virginia by *bo Mercer Par ty to the Convention *oon to meet in that State, praying the abolition of d hi very. We were well aware, for Nome time pant of the apprehension* which were felt, in the lower anil mitldlo parts of Virginia, in rela tion to thede*ign* of thin party, and we regretted exceedingly for the character of that re* pec table old Southern State, that the Convention queation had ever l?een cariied. For many yoara pant there has l>cen a gradual spreading of Northern feel ing* and opinion over the north eaiitern portion* of Virginia, and taking it* direc tion southward along the great Valley of that State. That thin party will acta) th?* occasion to revolutionieo Virginia can lit tle Iki douhted. Internal Improvement hy the general government, protection of Na tional Industry (aa their mode of roblicry is railed) andthe destruction of slave proper tyfUrmthe great veiwa oftheMeroer party. Heretofore tbo wealth and influence of Virginia huljMen lielow the Mountain*; Imt rake the ijnHiMp -alarm the (can of he weak, and theMbjr reduce the value of Javea and the Revolution i* complete, flower Virginia - -old Re put Mean Virginia nust give way to Western Vfeginia?and \"w principle* aid new doctrifte* will be put afloat repugnant to the feeling* and dangerous to the property of Southern peo ple. Wo really tar niany goodud tiye men have been deluded into thia Conven tion measure, which sounde eo magnanim ous, but is so dangerous to every well or ganised government. Would to God, our forebodings may prove delusive?but what hope have we when we eee such men as Mr. Madison and Mr. Monroe dteerting their old republican tanks and seeking honors from the enemy. Vain, rain man, a few puffs, a few paragraph* from those tirintin/f ftto/tle of the North, have Mich persuasive seductiveness." that our great men fcrs litterally gazetted from us when ever it suits a few Northern Editor*. But the time ha* past when the oourse of any one man or set of men can give direction to public opinion in this country. Men, these days exsmino for themselves, and If We are not greatly mistaken, are now in all quarters of tho union making such an investigation into the policy of the "Ameri can System," as will in a few?-very fow years end in tho total disgraco of that tclfhili, scheeming, combining class of our popula tion, and in the shaiueftil defeat of that great political charlatan Henry Clay. We liave great hopes of New England, after all, for, how can they get along without their Coinmerco. Mussachusett* abounds with too many educated men, long to re main subject to the inconsistent, unprinci pled party to which Mown. Webster and Everett belong. The writing* of theso ve ry gentlemen, must destroy them, and we *co a feeling of di&content and disgust ra pidly spreading over that stato in rotation to tho American Systoin and its present ad vocates, the honest and consistent Mssr*. Webster and Everett. Extract of a tetter dated Liver/tool. 28th May, 1839. " Since wriling you on the 23d imt. we have liail a very lively demand for cotton, the sales attentive, say for the week 18.000 bales, at an ndvHnt:e ut 4 a farthing per lb. on American Should account* from your tide the water favor the belief (hut the Tariff will be raseed wheu (-ongress meet, we have no doubt the article woidd creep up h littlo ns the manufacturers would begin to prepare good* suitable for tbe United Stales maiket. Still the injury done to the southern planters by the Tariff, U irreparable, it having canted a great deal of British capital in the shape of goods,Sic. to be forced into Brazil to be invested in e.ottun planting. Your old ac quaintance I). M-T. has gono nut to establish a largo concern; tne freight from thence is not much more than from the states as tint vessels generally Rut an outward cargo. Negroes can lie bought for about ?50 (telling, and the ta?i-> on implement * very trifling, and land can he had for ? song. You will see by (he price current* Brii7.il cotton ranks higher than your*; and I an* dcntand a tlavecan raise much more. (from our Corrttpcndtnt.) YoHkviLlS. C. July 18, 1820 My Dr.Mt Sir :?VVh.it would ywt think, if, in traversing the theatre of your earlier years, where you htu! been actuatOmcd to see nothing but the regular, unvarying, peaceful operations of husbandry, but a few yean previous, you should, between every mile-post, meet a familiar acquaintance, speeding on with all the zeal of military ad venture, and nccoutercd, for all the world, like a Tinker, who, in days of yore, pere ginated the land with the Implements of his art, to regenerate the pewter plates and spoons of every housewife who might employ him, u/ion tfiaret! The man | whom you had formerly seen at the plough, or behind the counter, you now discover mounted upon distended saddleback, he striding n jaded pony, with u basin in hand, like the helmet of Don Quixottc which he chivalrously cuptured from the' liarbcr, ns the heir-loom of the illustrious race of Knight-Errantry, intersecting, in the high spirit of adventure, woods and luwn, field and forest, hill nnd valley, land and water, inquest of Ooi.n! You would be likely to ex claim, Ttmporn anulantur, sf not mutamur rum Wit Yes, Sir. The times, tho' perhaps not "out of joint," have certainly changed.l Here, in York District, where a few short months ago, the husbandman was contented to travel the plodding track of his fathers, I and to rely upon the ploughshare and the seasons for his comforts and his income?he is now about to strike out a new road to wealth, which, if it be not a "royal road,"! may at least be n fjntdeti one. The *? gold fever "as it is humorously termed, is nt this moment spreading with contagious fu ry among n?y old friends and neighbor*. Companies, for gold-digging, are already in embryo*-Capital is even now in agita tion?golden visions of glory are prefigured to the eye of imagination?groups of ex plorers are to be seen in the streets and highways to recount adventures, to inter change gratulation*, t" stimulate wavering hopes, nnd to familiarize the feelings with the scenes of grandeur which are ditnly seen in perspective. Many a father ran now look upon his lisping daughter, as the ! destined heiress of u rich gold-mine?and lewer matrimonial arrangement* are ex pected to he consummated, until the do- j velopemcnts of the future shall have de Fined and illustrated the respective virtue? ind merit* of the parties If all this be wt idle vaporing* of enthusiasm, the " Imselets fabric of a vision," then mutt the wreck of many an old ItIti be given to ihe winds?the course ol trad* to Colum ns and Charleston must take the direction >f the Mint of the United States?Cotton ibis must depreciate In value?Cotton nnd Jorn fields must Income barren wastes, be ransmutod Into gold mines?mm] the dire ?ppreeikms of the Tariff are no longer to be liMPD. In sober truth. Sir, expectation is high here Id relation to the rMM lf bowels of the Berth tn the peec4*s*eut IlM> ay plecee, both to the ?righbetlwo< efthls village, end eMM dbtaeoe flm K P*rUe) abundenceofGold?which ere likely to con vert e good deel of lebor to the pvrpoeeeof mitring. ! sincerely hope thet success, eqael to the expectetione which ere cherish ed, may attend further discoveries. The see ?on of tho year hat just approached which will enable man) fanner* with moderate force end capital to make e pretty fair ex* ] perimcnt; and I have reason to believe thet this will be done, to a very greet extent. But it is to be frered thfct the enthusiasm of the moment heightened egregtously by the neighboring devclopements of North Caro lina, may seduce too many into prepos terous hopes and eflbrts?or may carry to a dangerous extreme the spirit of speculation. This should not be permitted to the sus pension of the regular habits of public em ployment and industry. The Spenlsh mines covered Spain with this disaster?end I trust that every portion of North and South Carolina will profit by the example. Refreshing seasons have recently visited this portion of the state, and abundant crops promise to reward the labors ot the agri culturist. Youn truly. communications, Mr. E0iT0R-.It was not my purpcwc again to have appeared before the public, on the subject of the following communica tion. Let the interesting nature of the in quiry, (at least to a professional man, and to the unfortunate individuals whose rights arc, or inay be involved in the question,) be my apology to yourself and your readers for the following observations. They are de signed principally in reply to your corres pondent ?'LT. Q.M However, I may differ with him in sentiment, candour constrains mc to say that his strictures on my former communication arc distinguished alike for courtesy and good sense?Not altogether un pleasing is the conflict with a generous and powerful opponent. If we come off victors it adds lustre to our triumph?and if we are beaten, it robs defeat of half its mortifica tion and disgrace. Your correspondent coincides with bis excellency and many very able lawyers In the opinion, that a person arrested under a ca. sn. for a fine imposed by the court, would be entitled to the benefit of the pri son bound's act. He rests his argument upon the ground that the words of the act of 1787 arc general, and entitle them to the privileges of insolvent debtors and not of the insolvent debtors act, and that this law js to be construed favorably to the prisoner. The act of '67 ccriainly gave such persons no indrfcatibie right to the privileges of in solvents?much lets to tkoaetbey might af terward* acquire. And If In subsequent legislative provisions in favor of private debtors, a appears that the legislature did not intend to include persons sentenced to pay fines, they caw* be let In against the or dinary rules of coMtractioa. Whether they were intended to be included, we will see in the sequel. In relation to ?? U. QV other ground, it cannot be controverted but^harthe genius of the government must cxcrcise a power ful influence in the construction of all penal Jawr. The tendency and spirit of all of our political institutions are decidedly favorable to the liberty of the subject, infinitely more so than those of any other government w hi'?h has ever existed. These arc propo sitions which no one will rejcct in the ab stract. Hut I demur to their application in the case under consideration. The genius of our government so decidedly popular, and favorable to the personal rights of the citizen, cannot prevail in construction, against the obvious intent of legislative en actments, except where those enactments air at war with constitutional rights. It has not been contended neither can it be, that in this branch of the discussion there is any constitutional right involved. The citizen has no chartered security for the benefit of insolvent debtor's laws of any kind. The question then recurs, what is the obvious import of the various laws, upon the construction of which this question has arisen. The act of 17iy gave certain privi leges to insolvent debtors. The act of 1787 extended to )>crsons arrested under ca sn. for fines the privileges of insolvent debt ors. The act of 1788, (passed but one year afterwards) gave to persons arrested on mrsue process, or taken in execution in civil cases the benefit of the prison rules ice. 'I his act in its language provides only for "prisoner* on civil process." (Jnder the well known rule of construction, a rule bas ed upon the broadest foundations of rea son, " cxprcssio unires, exclusio alterins," the provisions of this act must be restrained to the particular esses, which by its pre amble, ami all its parts, appear alone to have been in the contemplation of the Le gislature. The provisions In detail in favor of certain classes of debtor's are to my mind conclusively a negation of the tame privileges to any other. Suppose for ex ample, this act had stopped short with its provisions in favor of peradna arretted on mesne process, and had made none in favor of persons confined in execution. Would the court be warranted in flying In the very fare of the act, and extending its provisions by construction to persons taken under ea piasfor private debt? Would net this be a tevolUag violation of the relet of construe tloo. Vet this would net be mora unrea dable than to extend the benefit of this Wt pevtenvMvested for fines-, rUu oI persons not embraced la iu letter, and ob viously not within its purview. If they ware intended to b^ included, where is that intention manifested? How does it appear? It would hare been an easy matter to have inserted, " persons impris ed for fine*.** A half dosen words would have bean arikfcnt Could H Have benn en oversight, and that the Legislature for got that there waa such a clam of persons wantuoh equally entitled to ttuir SSerclfol considers tion, with thoM for they did provide. A Legislature must in duff At least be supposed to know at all tlmfe not only the evil to be remedied, wherein tbt Uw u stands is deficient, and the relief *10 beaj plied, but also the remote bearing and < ration of any remedial enactment. The case of persons arrested for fines not being embraced in the net of'88 is then legal evi dence that such a case was not considered as an evil reqniring Legislative interfe rence. But this does not rest entirely upon legal presumption. Both of these acts (of '67 and '88) were probably passed by the same body of men; and certainly a very cou siderable number of the members who were present at the one session, must have been present at the next. The act of '87 was lreslf in their recollection. The case of persons sentenced to pay fine* was then rf it were under their contemplations. Yet in the prison bounds act they were not included. The conclusion must be that the omission of them under such circumstances can give them no right* under it Again. In all eases of doubtful construo tlon, the preamble of a statute is considered as shedding a flood of light upon the inten tions of the Legislature. It is as my Lord Coke would quaintly express it, " a key to the knowledge of it, and to open the intent of the makers of the act; it shall be deemed true, and good arguments may therefore be drawn from the tame." What is the preamble of the act of 178*? " Whereas humanity requires that the confinement of persons on civil pt-octts should be less rigorous than it has hereto fore been. He it enacted," 8cc. Not a word is here said about persons confined under ca. sa. for fines-There is no tingle phrase cither in the preamble, or the enacting claims which can be distorted by any mode of eon struction into n recognition of the rights of such persons under it. The implied nega tion of such privileges must then follow as an irrcsistable conclusion. Again. The process against the body of a private debtor which is a necessary pre liminary to his enjoyment of any rights un der oar in tot rent laws, b but a part of the Lex Fori, It it only retorted to as a com pulsory meant of carrying Into effect the judgment of the coprt. It it the opinion of many that in tome future advance to* want* perfection in Legitlation and juris prudence, imprisonment for debt may be entirely abolished. Some such Utopian scheme has I believe been already agitated in the Congress of the United States. Whether in this age when the improve ments in all the arts and pursuits of civiliz ed lite, have with the Increase of wealth and precious commodities and the universal ute of the system of representative value, to multiplied the faciltict to the fraudulent debtor for the secretion and abduction nf his eflecU beyond the reach of his creditors, whether under these circumstances, the rigor of our present laws in relation to in solvents could be at all relaxed without in troducing infinitely greater mischiefs than the evils complaincd of, might well be made a question; into which however it is not gennain to my present purpose to en quire. It is sufficient for my object, thut such an alteration of our system, if deemed expedient and proper, would be witliin the legitimate reach of "Parliamentary om nipotcncc." Suppose then that our Legislature in the exercise of an unquestioned fight, were to abolish imprisonment for debt so far as re Utes to privnte debtors; or in other words were to pass a law that the body of a debt or should not be taken in execution on civil process. Would " U. Q." tell us that thit exemption would be extended by contrac tion to persons sentenced to expurgate their offence* by a fine. This would be as rea sonable an implication a* the one he con tends for, and is strongly analogous to it. Yet surely such would not be the construc tion which would be put upon such a law by our courts. In relation to the second branch of this question 1 will not now advance any thing in addition to what is contained in my for mer communication. Perhaps on some oth er occasion I may again obtrude myself up on your notice in a reply to thr arguments of" U. Q." and others on thit head of the subject. Yours See. JUVKNIS 1*AW. [from McC.'ocH'n Report*, vol I,p. 17M J Htatr v?. Mary Fdluh. By III* 7lh Mellon of the 2nd article of out Con ?tiMtion, tli* Governor ha# Ihe power to grant reprieve# m'l partlont. after conviction, eieepi to cum of lnp**o|imiint, fa iwrh manntr, e* ivrk trrmi,*ndundtr mth rttirulUnt, (i li* ?lull think proper. And where the Governor pardoned a/net rertrl upon condition thai ?he ihoultl leave the ?tale In two week*, who neglected logo, the CeOrt will contidtr *u-.h pardon m void, after Ihe two week* and upon motion of Ihe aolleltor will pew sentence upon her. tatiraitaj diatrict? Kpring T?m, 1W1. Tried before Mr. Jwtkti Hugrr. The defendant had hw?n convirtrd of a miademcanor, for trading with a ala ve, and had bean afterwarda par<k>ncd by the gov amor, upon (ho condition of leaving thia atatf in the couraa of two weolka. But not having complied with the condi tion nquirod, by actually leaving the atate, the nolicitor moved that the acnteneo of the Hw ahould bo paat*?l upon the paid Mary ii To this motion abe pleaded in bar, (ho conditional pardon before noticed; and the presiding Judge ? presiding Judge entertaining some doubt, whether the prrdttu though condition al, was not a gooc plan in bar, reftiaed to paaa the aentenoe: whereupon the 10U oitor now moved to reverse the decioon, in order that the aentenoe might be pa?*?Ml, upon the ground, that aa the condition had not been complied with, the pardon was Mr. Jnatiee Rkhardton delivered the opinion of the Court. The prerogative of pardon ia given by the aeoond aruole, aeetion 7th, of ?M Con Htitution, in these words, to-wit ?"Ho (the governor,) aball havepowarto grant tovktion, )jn oderiuch per.,;it more comprc jhole power of 'after conviction," ia given > specific exception: and the . t J.11 I_ ea__ i than tbi'M pardoning, with but one right of making any' raatriction in equally unlimited: for ttie word*, "oh ho Khali think proper," impose literally no qualification of toe governor's power in thia reanect. Butlt b unnecessary to dtcide 'whether the governor might require, by way of re striction, an impossible act,?Though even in support of such a construction of the con stitution, there would be mat reason in say ing, Hint whatever might be the mockery, yet there cannot be a mom peremptory de nial ofthe thing required, than to grant it upon an impossible condition. Suppose the governor were to pardon a felon, upon the condition of hi* procuring eome one to be hanged in hie stead, would it not bo Uko permitting a traveller to a bide in your house, provided ho will enter by the key-holol Both would be considered as synonymous with denial. In such a caso, the pardon could exist but by reason of the perfor mance of tbo condition; for the pardon docs not go before, but must follow af ter the act required. But this view not being indispensable to tho decision, no pos itive opinion is given upon it. To mystlf, tho niont satisfactory con traction of this constitutional articlo is that the condiditiou to b? required by tho governor, should bo condKidered as tho substitution of ono punishment voluntari ly to be inflicted by tho convict in lieu of the sentenee which had been, or is to be, ordered by the court; and the character of the substitute should bo. that in itaelf, it is capablo, physically, or being performed; and bo one, noturohibited by tho laws of the land. If this be the just construction, it is to l>e observed that tho object is to punish for a crime committed. The law does not regard the bleach of contract which may possibly follow from the punish ment, nor the possible inconvenience re sulting to individuals. As a general rule, for instance, a citizen can not be deprived of his child or his slave: yet either or these may be confined, exiled, Or even killed by way of punishment, in derogation of the rights of the parent or matter. It was suggested that the defendant being a marri ed woman, cannot leavo the state without the permission of her husband; and there fore tho condition might require the perfor mance of an unlawful act?the separation of husband and wife. But tho condition is not impossible or unlawful in itself) for a married woman may physically and legal ly leavo tho state. When a feme covert is sentenced to pay money, or to go to gaol, the yamo objection might be made; for by the doctrine of the domestic relations of < husband and wife, she can do neither with out his consent. A convict liaviit? entered into a civil contract, or being in a private economical relation which may render it inconvenient toother*, or difficult for himself to comply with a condition, doe* not render it either imnoesibleor void. The proper character of the condition, which iano more than tho substitution of one puniahment lor another, i*, that the condition required, should be both inconvenient and <I(ffitcult to be per formed. Suppose a minor under the re nt fiction of parents, an apprentice under the control of hi* master, or a slave under that of his owner, suppose either of theso were pardoned, upon the like condition of leaving the state, iteou Id only follow, that if unwilling, or restrained from leaving the state, tho condition precodvnt and ne cessary to the operation of the pardon, be ing unperformed, the pardon could not enure to his bciieAt.?In the case before us the fulfilment of the condition which waa in itself, capable of being performed, and not forbidden by tho law, was prerequisite to the pardoo, and that condition having ne ver been performed, the pardon is merely nominal. The motion is therefore granted. Justices Oannt, Johton, Mitt, Coteock and Huger, concurred. Davit, solicitor, for the motion. On eel, contra. t Tjuprr, TKniMMMaHaibVHMHaMMWBVMnaBzr) "THE TARirr A MONSTROUS AMD COSTLY experiment. "?American. This day another part of the "monstrous and costly experiment" goes Into operation. The duty on Foreign unmanufactured Wool fiom ami after Mfe date will be Forty-Jive, prr cent instead of Forty per cent aa valo rem} in addition to the permanent duty of 4 cents per pound, and lest the experiment shall not be fairly tested, an additional ad valorem doty tAJive percent is to be added next vear. Wool on the skin it to be esti mated to weight and value and pay the same rate of duty as other imported wool Manufacture? of Wool or of which Wool fchall be a component part, execpt carpe ting, blankets, worsted stuff goods, bomba zines, hosiery, mits, gloves, caps and bind ings which cost 50 cents per square yard , (charges included) will be from, on and af ter this day chargeable with an ad valorem dutv of forty five instead of forty per cent as heretofore?provided that on manufac tures oi wool, except Jlannel$ and baizes, the actual value of which at the placo whence imported, shall not exeeed thirty - three and h third cents per square yard, shall pay fourteen cents per square yard. The same rate of duty alto attaches on som? goods (except at aforesaid) which coat f 1 to |4 per tquarc yard. The erf valorem duty on same goods (ex empt aa aforesaiaid) costing over i4 per square yard, will be on and after thit dato fifty per cent Instead of the doty of veater (wty-Ave.) All manufactures of Bilk coming from be yond the Cape of Good Hope, are subject on and after this date, to an aa valorem duty of 30 instead Of 3S per cent. Smchew made on thle tide the Cape 20 per cent, Skter?oy0 (silk hatt) tame aa Ainoti ewt. ' per mbtg tUk? from beyond the Cape SO instead af 25?Floss and Floren**