may be proposed by the congress. Any other mode must therefore be repugnant to its provisions.

Resolved, That such a convention to propose amendments, when called by congress, must be, in the nature of things, a convention of the people from whom the constitution derived its authority, and by whom alone it can be altered, and not a convention of the states.

Resolved, That no such political assemblage as a convention of the states, could take place as a constitutional organ of government; and that, if assembled, it could have no such power as that set forth by the resolution of South Carolina, to consider and determine such questions of disputed power as have arisen between the states of this confederacy and the general govern

ment.

Resolved, That it is not expedient for congress to call a convention for proposing amendments at this time. But that if any amendments be ne cessary, it comports with the views of the general assembly of this state, that they should be proposed in the other mode provided by the constitution--by two thirds of both house of congress.

The following resolutions were

also adopted by the legislature of this state.

Resolved, That in the opinion of this legislature, it would greatly promote the interest, comfort and prosperity of the inhabitants of the peninsula, formed by the waters of the Chesapeake and Delaware bays, if they were united under one go

vernment.

Resolved, That it comports with the views and wishes of the people of this state, that the people of the eastern shore of Maryland and of this state, should be united under one government, and that the region of country inhabited by them respectively, should be denominated the state of Delaware.

Resolved, That the governor of this state be and he hereby is au thorized and empowered, in case the above measure should meet the approbation of the legislature of the state of Maryland, to appoint three commissioners on the part of this state to meet such as may be appointed on the part of the state of Maryland, to carry the measure into execution and settle the details thereof, subject to the final ratifica. tion of the legislatures of the two states, and that of the congress of the United States.

$50,168 66; the uninvested balance of cash is $17,017 09; making together $164,485 75, as the aggre gate of the state school funds-of which the receipts for the year were $16,172 23.

The aggregate of the productive capital of the sinking fund for the redemption of the debt for the tobac co inspection ware-houses, the penitentiary, the university and the Baltimore and Ohio rail-road stock, is $51,156 13.

The productive capital of the state, in stocks and cash on interest ($335,104 74,) loans and bonds, amounts to $993,859 80; which is worth an average premium of ten per cent. The revenue from that capital is $51,516 58.

The unproductive capital, consist. ing of stocks, bonds, &c. which yet pay no interest, amounts to $1,217,442 76.

The aggregate capital in the treasury, therefore, at par value, is $2,151,302 56.

This does not include the real property belonging to the state in public buildings, the government offices, hospital, university, penitentiary, wharves, ware-houses, &c. nor the appropriations made for public objects, the cleaning out of the harbour of Baltimore, the Washington monument, &c. all which would amount to several millions

of Maryland, yielding inexhaustible supplies of iron and coal.

A memorial presented to the legislature of Maryland, states that 4381 emigrants arrived at Balti more in 1831, and 7946 in 1832, and that a large proportion were destitute of the means of subsist

ence.

OBSTRUCTIONS IN THE SUSQUEHANNAH.

Copy of a letter from Josiah Bay. ly, Esq., attorney general, to the gov ernor of Maryland, relative to the obstructions in the Susquehannah.

CAMBRIDGE, Feb. 27th, 1832.

His excellency the Governor and Council.

The clerk of the council, by the direction of your honourable body, has transmitted to me copies of a resolution, passed at the last session, of the report of commissioners, appointed in pursuance thereof, and of a resolution passed at the present session of the general assembly, relative to certain dams heretofore constructed in the Susquehannah river, within the territorial limits of the state of Pennsylvania, and by her authority, some of which have recently been destroyed. The object of the last resolution is to prevent the reconstruction of such as have been destroyed, and for that purpose, the governor is requested forthwith to take such measures as he, by and with the advice and consent of the council, may deem proper and expedient to prevent snch re-construc. tion: My opinion and advice are requested.

In the performance of my official duty, I have carefully examined the several documents, by which it ap pears that the claim of Maryland has been urged, at different times, on several distinct principles, the law of nations, prescription, compact and contract within the meaning of

Remonstrance to the legislature of Pennsylvania, as heretofore, is, in my opinion, the only proper measure that can be taken. Measures of coercion or of compulsion, cannot with propriety be adopted, or legally enforced. If the right to continue, or to reconstruct the dams shall continue to be asserted and redress refused, there is no remedy. The subject matter of complaint proceeds from the local regulations enacted by Pennsylvania, in aid of her internal improvements, and cannot be noticed by the judicial tribunals. The exclusive right of sovereign jurisdiction within the territorial limits of a state to enact municipal laws, regulating internal improvements and domestic police, and declaring public highways by land or water, to be opened, obstructed, changed, altered or improved, is a power reserved to the states and not inconsistent with the constitution. Maryland and every state of the union claim, and have exercised the same prerogative. The Pennsylva. nia acts of 1801 and 1827, which gave rise to the present contest, are of this character, and cannot be ju. dicially impeached.

The power vested in congress to regulate commerce with foreign nations and among the several states, has never been construed to confer any constitutional right to control, impede, prevent or interfere with the municipal laws, and internal regula. tions of either foreign nations or of

The clause of the constitution granting to the citizens of each state, the privileges and immunities of the several states, has never been construed to confer any such power or authority, but its construction has been strictly confined to the subject matter to which it relates, and to none other.

The report of the commissioners admits, that the act of Pennsylva. nia, 1801, is not a compact, agreement, or contract, within the meaning of the constitution, and that the acts of 1801 and 1827, are constitutional; if so, they are subject to repeal, amendment, or modification, at the will and discretion of the legislative power, and the exercise of such authority cannot be controverted by any judicial tribunal.

The right of a state to those parts of navigable rivers, creeks or other waters within the territorial bounds of other states, claimed or derived from the law of nations, or by prescription, may be well questioned. If such rights are tenable and can be sustained, why did Maryland and Virginia, in 1785, make a compact upon that subject, and thereby ascertain and establish their respective rights, as may be seen by reference to the act of confirmation, passed at November session, 1785. If the right was sufficient, the compact was unnecessary.

Why has the general govern. ment, in admitting new states into the union, cautiously required and imposed a fundamental provision reserving such rights to the citizens of other states, as the indispensable and unqualified condition of their admission? If the right existed and was valid by the law of nations or by prescription, such provision and indispensable condition would be

Why were the Maryland act of 1799 and the act of 1813, passed? If the Susquehannah river in Pennsyl. vania, was at that time a public highway, these acts were unnecessary, and could give no additional right; but these acts, in connexion with others, incontestably prove, that at that time the river was not navigable, according to the common acceptation of the term; that individuals or bodies corporate, had no authority to remove the natural obstructions impeding the navigation within the limits of Pennsylvania, without her assent; and that a right by the law of nations in prescription, was not claimed or relied on by Maryland. After a careful consideration of the subject, I conclude, that remonstrance to the proper authorities of Pennsyl. vania, is the only measure; I cannot advise any other.

JOSIAH BAYLY. LEGISLATION.-1833.-The message of governor Howard was transmitted to the legislature on the 3d of January. In consequence of the probable fate of the United States bank, the governor recommends the immediate chartering of a state bank, to be founded upon the funds of the state. In regard to the works of internal improvement in progress within the state, he states that an unexpected obstacle to the prosecution of the Baltimore and Ohio rail-road had arisen, in the refusal of the canal company to permit the rail-road to pass the difficult and narrow places in the valley of the Potomac in company with the canal. Besides refusing the permission requested by the state of Maryland, the directors of the canal have changed its original location along the narrow passes between the point of rocks and

Harper's ferry, and have occupied the ground in such a manner as to prevent the possibility of the railroad being extended through that part of the valley. The governor complains of this discourtesy on the part of the canal company, and suggests measures for inducing the company to retrace its steps. Notwithstanding this impediment, there is no fear that the rail-road will not be completed, though with considerable additional expense.

Lotteries are denounced, and it is proposed to procure the co-operation of all the states to abolish them throughout the union.

The legislature of Maryland at its session, begun on December 31, 1832, passed three hundred and eighteen acts, and eighty-nine resolutions.

ACADEMIES.-Five were incorporated.

academies

AMERICAN COLONIZATION SOCIETY. An act was passed to repeal the act of 1826, making appropriations for the benefit of the American Coloni. zation Society; the reasons given are that, on account of the restrictions of that act, the society had not drawn on the treasurer for the appropriation, and that the state had now embarked in the work of colonization on her own resources.

APPEALS. An act was passed granting appeals from the court of chancery, and from the several county courts, as courts of equity, to the court of appeals in certain cases.

Another act was passed respecting appeals in cases of issues sent for trial from the orphans' courts.

From and after September 1, 1833, where any judgment of any county court shall be affirmed by the court of appeals, and it shall appear to the latter court that the appeal or writ of error was taken, or sued out merely for delay, the