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A i Vol. VIII. Forth Statu-'ard. LITTLE JANE, OR A PICTURE OF B LA VEST. BT KATK LAWRKHCK. 'MiMUi.tftbertelledalie, you know I neherdo, I did not mean on Charlie dour, to spill the water ao, I axed him to be careful, him made roe no reply, Out oberturned it in him play, and tailed you it he I." Thus pake, a little child, whose akin, the Afric's color bore; But'tHough the world culls this disgrace, her beauty shone t,e more Vel beautiful ai there she knelt, each look betoken ing fear, Her hands in tupplication raited, nnd on the check a tear. Duty wit i the morning task, which to her had been assigned, The sweet and gontle voice bespoke, a tender heart, ' and kind But oh, alaa! the dish shhld a lad of sixo'erturned As gaily in hit play he passed, and thus wu slightly -" ' burned. Her Mistresa cold and silent stood, and '..card the , child appeal, Yet still her dark and dashing glance, no pity did ro- . veal. , . . ; But why should pity melt htrheatT who did her pity crave? A poor, forsaken, negro child, a black and hated slave, The "still small voice" of conscience said the child was innocent. But naught could move her hardened heart, or cause it to relent; 'Go, go," ahe loudly cried, ''and in the boiling water place, The hands thnt burnt my boy, till every finger benrs its trace. Oh spare mer No feeling could have withstood thnt cry, But tie heartless being only gave the lush for her rr-pljr- Those eruol orders wtre obeyed, and on the list wn placed. Of the slave's wrongs, ono other one, which ne'er " can be erased. For fifteen minutes, home to her, she stood, but not a word, A murmur, nor a sigh from that sufll ring ehi!d wan heard : When in nccents low she murmured, "Oh! Fntlier pity me, Forgit me missus ev'ry thing, nnd take me home to thee." Oh! tell me not you cannot find pity mnngst Afric's tare. Forbear, and look around this room, nnd its deep wind, ings trace, The quivering lip, the tearful eye, and the tale doth tell, Yet! bitter sorrows filled their hearts, for all loved Jenny well. Fur three long, long and weary hours, thnt little mar tyr lay Waiting w ith patience for her God to bid her ccme. " away; " Dark, uncouth forms, but kindly hearts, were Fath ered round her bed, A sijrh dixturbtHi the nir, 'twas all, her H' ely spirit fled, Headers, this sad and half drawn sketch, is no imag inary wronjr, A pictuie wrought from f.mcy w ild, an idle talo ror song. It is but mere one horrid scene; w hile thousnnuV buriod deep. From the world's inquiring gaze, 'though worse, will forever sleep. Think you, this little one, had bernn li!y pale and fui-, With parents, who might watch the bud with moot devoted care The doer of that deed, would not have found a mxr- drrs prsive? But nof She. was a rich man's wife, nnd Jane a nrro slave. SSSSMSBSKSaBCSBrjTBSISI SI, HIM IIIFMMUSII II BirSUBmSIIUM THE BLACZ "WAERIOE CASE. Tim New Orloan Crefrnt. after an exam ination of the documents in tho case of the Mack It'arrinr. comes to tho fallowing con clusions -presenting n view of tho matter which wu coul 1 hardly havo expected from that quarter: 1. Thnt the seizuro confisca'i m of tlio Black Warrior were nndor the port regulations of Havana, logal and just. 2. That Captain Bullock, his eonsigno Tyng & Co., and our consul, admit tho fact that it Was legal. . 3. That they onlv in rcalite contended that thoy should bo let off, 1st, bocauso t hoy wore ignorant of tho law and language; 2d, because they had no Intention of fraud. 4. That to this tho spnniard replies, It was your buinos to know our regulations, that you might comply with thorn: bolides, wo furnished you them in English." 2. "Wo never nspondod our laws; and if you haro before been violating- thorn, it was without our know I dgo." 3. "W have no laws that are guided by men'f intentions. tWo can only consider thoir acts," . 6. That tho British steamers have nlwav .ubmittod to. precisely what wai required of fciiv inula ww fir r fur, 6. That whilo tho language and tho stoto raonts of Dullock, Tyng and our consul, hive been violent and'denunciatnry, thoy havo baen ' holding to the Cuban authorities only tho lan gusgo of apology and application, 'fhus thoy woro at onco encouraging tho Spaniard to per sist in his course, and exciting our government and people to make war upon him for that course. : 7. That owner, by submitting to tako back the ship and cargo, confessed that they had dono wrong in abandoning them. 8. That thoy have, sinco still further given up their whole case, by a fact now brought to light: that they haro addressed a petition to the Queen, supplicating her to remit as of hor , grace, the fino of $0,000 imposod on thorn. Law and nts Muskets. Theso famous mus kets, thnt have bnen waiting so long in Law's hand, and which were supposed to havo been discharged by that sharp shooter, hnve mb-sod fire after all. It is. perhaps, f .rtunato for the Turks, that they aro not likely, as was sup posed, t" shoulder them; they are. it seems, f'.r ' tho Cohans. Thoy aro destined, however, to bo wo fears greater misfortune to tho holder 1 of them than . in any of their -nomics. Tho present possessor has triod ihem a long time, and finds they, won't go off. Wo hav a rec ord today of another unsuccessful allomp!. Tho New Orleans papor. of the 11th of April, (sayt "Tho bark Grapcshot, from New York, with George Law's muskets on board, I Iving at tho mouth of tho Missippi river. Tho Del Id says, tho Spanish consul has dispatchod in toliigcnct to Havana of bor arrival.'' im in i ii i in i iimi i iii i inn hum m i wiiiiiiim w THE MICHIGAN IIQUOIl LAW. Opinion df judges Douglass, Ving- and CopelanA, .Y rim SUl'liEMK COURT. THE PEOPLE VS. PATRICK COLLINS. This is an actior, of debt to roeover the pen alty fi.r nolling ardent spirits prem ribod by "un act phld"iting the manmacturo of intoxi cating bfverngea and tho trafliic thorein," ap proved February 12th, 18(33, (L. 1853. p. 100.) Tho oflehce is alleged to havo been '.'ommittod on the 9th day December, 1853. And I ho question presented in whether nt that timo thoso provisions of the act which prcscribo the penalty and tho mode of recovering it wero in force. Tho 18th. 19th and 20th sections of tho act provided that a voto of tho electors of tho Statu should ho taken at the timo and in the m tin ner prescribed, and. that in case a majority of tho. votes castnt such election bhuld he in fa vor of its adoption, the "act should become a law of this State from and after D c. 1,1853," if against its adoption, 4it should tsko ell'-ct and become a law of this Statu on nnd after March I, 1870." The election was Jield in Juno Inst, in pursuance of those sections, nnd resulted in a majoritv of votes in favor of tho adoption of tho law. If the act i ir. force, (except iho sections mentioned.) k took enoei as a law, in virtue of tho popular vote, on tho 1st of Docember last. Wo aro of tho opinion that it never has been constitutionally put in force. In establishing a government tho will of the people in sovereign. They may organizo such , ,ilp c.0nstitution. government, invest "t with such powers, eon- j -p; ,.cilatUrp, then, cannot delegate pow for thosopow rs upon such agents, or reserve cr 0is.vtion in reference to general laws tnem in themselves, as they may deem most conducive to their own welfare. But when thov havo adopted a written constitution of government, all. collective! as well as indi vidually, are bound by it Tho varions powers of ho novernment may bo exercised by those in whom th constitution vests them, or con templates they may bo vested. No act of tho government can emanate trom any other source not even from the people ih. mselve-. The people havo such control over its action thro'h the. right of stttf'ago or otherwise, and S' ch rght to participate in tho exercise of Its sove reign powers us thoy have reserved to them selves and no other. The constitution r.f 1851 vests the lociidB tive power in this State in a Sonatoand House of Representatives. (Art. 4. I.) This article confers tho entire supremo legislative power unon these two bodies, except in a single in stance. Art. 15 2. declare that no banking law shall have effect until approved by a ma joritv of tho elector of tho state. In this in stanco tho people havo reserved legislative power to themselves All other legislative power in this Stnto are exercised by the legis lature, or by thoso to whom they have consti tutionally delegated it. The legislature may delegate this power in thoso cases whero tho cons'ittition authorises nnd contemplate it. and in noothrrs. AH nr American constitutions. State and Federal con temnlato r oxprosidv provide for local self government. They go upon tho principlo of 'ending matters of pnro'y local concern t the control of those directly interested. Counties. tonhip. c'tie and village, with power f local legislation, have alwav existed Hmnnu ns Our forefa'hers brought with them from the mo'hor eotintrv 'ho muioienl in-titmins wheh bnve performO'l so important n part in the development "f modern civil liberty by preventing the centrrz ition of power Their existence in perbao every Stste. haspiecedi d tho adontioti of written constitution. All tlio-n cons'i'ution assume their existence and con'emplate.that they will continue to exist. an-1 may fairly bo h-ld to imply that t'ie nrdi narv powers of legis'itt o'i with which they have been cs'ed. imv. ns occn-ion sloll re qu'robe conferred upon them. Our own eo -stitntion provide thnt coii"tios .rid tow ships sliall b hofliiM. c rpomte irith wh potter and immunities at fhnll he pretrriherf hi liv (Alt. 10 ($1; Ar. 11.(12.) And A". 4. J 3S.de cl.ire what i ch nrlv to bo inforred from tni mroog other pro i-itn that rh leril.-ituri may confer upon o-t'a' izod townships, incur pom'ed ejtic and villages, and iison t'" hoard of supervisors of 'be several counties, such power of loeil lr(riilitive a l admi 'Is t rat ivo charcler a they may dett Kroner - Powers of local legisl 'tion. then, may bo eVIega led to these nvinici!o lo !ies. bceau-e it is nu-1 morize.:, ana. as wo conceive, tor no oiner rea- Mn. AimI in the case of townships, cities, and villi ge. tho fnndanioi tal hw being silent on tho subject these power may be vested in tho peoplo of these bodies, or in persons chosen by tho people. This i a ma'ter in the tliserction , of the legislature. Whether in any case they can bo vested in tho imopln of a county, instead of tho board of supervisors, in thi State, it is unnecessary to determine. Probably they j mnv; certainly so in tlmso Mates whose con stitutions designate nn person within tio county upon whom such powers are to be con ferred. Cut even in iho cases referred to only powers of legislation over matters of loal con cern can be delegated. If tho legislature bhould attempt to invest tho boards u supervi sors with mwcr to enact, the entire cjvii and criminal codes which should be in forco within their respective coontio. this would manifestly bo ill violation of tho true intent and spirit of the constitution. : That tho Iegilaturo may confer upon others, in their discretion, administrative powers, nee- ossary or proper for carry ing on the govern- ment, not otherwise vested by tho constiiution, and in somo case involving tho exerciso of a discretion which they themselves might, but could not conveniently, have exercised, no ono will question. Tbeso. however, aro not law making powers, and thercforo do not here ro- qmr particular notice.. , 1 prevails in most of the State, tho owner of Out tho power of enacting general laws can- : catt;0 running nt large is liable for anv damage not ho dologttted not evon to the people. they may occasion toothers. Rut it is om Thero is nothing in th constitution w hich au- (im Ppoliont that a different rule should ionz.es or couiompiBies n; iioiiiing m mo na- manuesto.i ty tno very structure or the legisla- live department of the government. Whilo the power and responsibility of legi- lation remain where tho constitution has placed ihem. before any proposed ; measure can bo- como a Iaw.it must frst struggle for ascenden- cy at the ball 't box. amid tho numerous issues ' involved in all political eontmts. It must pass through tho ordeal of tho public and deliberate discussion m tho legisUture. It must receive the sanction of the concurrent vote of a ma- jority, or. having. been returned with the Gov- ernors veto, of two third of thef members of tho two houses of which tho legislalnro is com- posed vote cast by men who aro not mere deputies of their immodiato constituents, but tho representatives of tha a hola people, and aro bound to act for tho general good who nr rcsponsmio. to tlie people tor their action, anu may no ncin trttiiat responsibility I'llb. .. , , ... - - - - -j . - iC opinion wi I prevail and mn' pass jto pub- nu mw, mil, it win i0 rnurnitnea. artihrrut i . turo of the pnwet which requires it: nothing in culnr circumstance.' Suppose, this heinjr the j decided upon the principle . wo have already or of legislation in reference to general, laws the usages of our American gorernmonts which naupr nl law. the leirisl.-itnrn bovbl n.is nn net eioNined nt some loii"th that powers of loenl cannot be delegated to the. neonle. beeavse. if sanction it: no single adjudication of any declaring that cattle mlgh' run at largo, in a legislation may bo delegated. "We ciicodo. thi wore so, bv tho action of ono of its depart court in this Union which sustains it;-and such pnrticdar township without such liability of I low-ever. ho ever, that the Court' by whom men's, this representative government may be delegation would bo contrary to the Intont tho owner, to tnko effect on a v-ofo of the ooo- i thev were resnoclivelv decided do n'-t rdace : transformed into a dcinncracu. in which tho " . , , . - , " , ' I -- ---i "r iniiii . v" in i.ii i iiii'i hi iimiHiilir opon. III. this opinion alone wh.cd tho,i.w., in the only way they could reserve it ".T"! rKnicany expressed public HILLSDALE. TUESDAY MAY 2, 1854. constitution designed to govern. Sch a gov ernment secures delil eration and responsibili ty In legislation: and atfdrd protection ugsinst tho despctistn of official rulers on iho one hind, and of irresponsiltilo ntunericnl majorities on tho ofln r. It has been appropriately term-.-d tho "llowi-r of modem cii! Nation." U'ii if the cislature may f ra tisf'er this pow er and this refp"nsibi'ity to the pO'p'o, whero aro tho checks which the constitutl n iutrnded to provido for hasty and incoiisidenito legisla tior.t Whero the securities against srbitry sh-uld tako effect bet. re 1870. INor tloen us mere acc-piancf or me terms propoM-u. vi.ko and irrespoiiMble power? We may bo subjoe- j enact ihent implv their Judgment a in tho ex tho acceptance of an act creating a onvi.tec"r ted to tho dominion of tho n.nular maturity of' podioncv of i's taking effect at an earlv period , poratioo.) and theref re not an exefise of U. the hour a majoriiy whose opinion munt be forinod itlvut ot'i"laivft discussion or delib eration a majority resinsih!o to no one, be cnnio it has no stipetior imoa'iont of re straint because conscious f it strength, and apt to think itself infallible: and against hoso roistle89 will, thus exercised on matters of le gation, with an elective judiciary, all tho re straints which tho constitution bas imposed upon lognlttivo power Will in the end orovo utterly navniling. In short, if this power may ho delegatod to tho people, then bv tho action of ono of its de partments, this representative government may bo transformed into a collect ivo drmncracy thnonlv siu-h ili-rooernev nrac.ticiiblo whero tM0 popi nr to numerous to acm'do en masso nameiv, u democracy in which a se lect body propose tin law, and th neoplo adopt or reject them. No such revolution can bo effected in the nntcro of this Lryern j ,. .Viihn..t either a chamro or a violation of j 0n t,j4 pit jt j, believed that tho nu mbers ofthi Court aro all a arced. Wo are not a waro thnt any jurist in thi country has cter expri'H-ed n different opinion. Nobody makes a question that iho act of February 12. 1853. i general law. If so. it is cl"nr that it is not now tho law of thN State, nnli'fis made so by the legislature. 1 in whom tho power of legislation in reference ff) B1.lirr aw ia (Xcltisivcly vstod. We aro of tho oniuion that although it may bo a valid act to tako effect 1870, the legis lature have never yet put it in force; and that Mictions 18. 19 imd 20. and tho vote, under them, aro void, because an attempted delega tion to and exercise of legislative power by tho people in violation of tho constitution. As ono halt the members of this court do not concur in this opinion, we must bo par doned if, in order to make our views more clearly understood, wo recur to principles and eie fin it ions somewhat elementary in their na turo. All power proceed from, and its exercise implies, the exertion of intelligent will. Its different kinds are distinguished bv tho nature' of tho end which this will is exerted to accom- determination f the former x' e do not un plish and of the discretion which its exertion , dersfand the Council for the people to insist, or implies. Legislative power is tho power of any member of this Court to bo of iho opinion, prescribing rules of civil conduct, or. in other j that thero is any distinction between them. words, of enacting law. It possession impo- j Indo-'d. tho former, wa tho real and ubtaii se tho duty of judging what law aro expodi- j tial question submitted bytheaetof 1853 ent and what ore inexpedient. It exerciso i No great resn-'ct is due to the sophistry which consist in the expression of will, as to w' at ! dictated tlio frm of it, and which seemstoas laws hall be in force, founded upon thi fact, j some that a'eonstitutlmal ohject'on t an un "A statute." sa vs Chancel'or Kent, 4,is tho ex-: q' ftllified nb'nision might bo evaded Sy uh pris written will of the Legislature, rendered mi'Mng tho question whether an ni-tfhonld he autbentie by certain prescribed form and o. : cme n la w presently or in the next genera lenmities." (1 Knt's Coin. 447 ) If enact-i t'on. Obviously h me ronlt would bo ae ment always tmpjies lb judgtm-nt of tho Leg- , romp'ished by 'he one m do of legislation a islaure that it is expedient. ! bv tVio other It is the thing done. nnd not the There certainly can be no statute la" which mode of doing it. which i material. A constj is rot the will oT the Isw makers implying this tnti 'ti which could be evaded by such n snbter judgomont as to it expediency. Aid every fuee would scarcely o worth iho paper on expresin of this will implying this judgment, h'c't i' i written. which is the proximate eauso of an obligatory Tho conc'nsions at which wq have arrived, rnlo f civil c onduct, i clearly an exerciso of namely first that tho power of legislation in legia ative power. refere- ce to general laws is vested exclusively Now. when the legislature make the taking in the legislature and cannot he delegated: ano1 effect of an net depend np"i,ili approval or secondly, that the faking effect of nh laws disapproval of others, whnt in tlio nature nnd cannot be made to depend upon the result of effect of their notion? They do not them- a popn'ar vote upon the qncstien of whether sidvi will tlmt ihe net shall become n law. hul orwliontrey shall tako effect, boca'iso this merely that it shall be referred to the will of 'would ho a del-gvion of such power, fron other to determine whether it fdiall become a which it necessarily re'il'ft that the net in law or not. Their action does not imply their questiou bas never ct been constitutionally judgment that H'e law wouM ho exoeoio -t. but ineroiv that H is oxpcnient to rei-r tlio ques tion i f tlie expedii-ivy of iho law to tho judg ment of others. They d not, therefore, exer cise the power and tin- discretion neeearv to c art 'h Isw or. in other word, to mako it an operative rule of conduct, but thev confer on- on others iden ically the sam power, and im- pone t'o ilntv of exerei-nlg the snme diserefion. w hicb they themseve would have exerried if they had enacted it. Thev merely i roposo a aw to be adopted or rejected bv other. I This seems to u most clearly a delegation of legislative power. ' IVobablv no doubt would bnve ever arisen in this su'iect were it rot for the inilircct man pPr in which tho delegation i made Put there is obviously no ilifforeeo in principle between rrnkin"'the tnling effect of an net do-, pe d up n tho approval or disapproval of nth- : or, and conferring, in express terms, tho pow- er f legislating en tho same subject. Tho only difforene thero can bo i in the extent, tioi in the nature, of the power delegated Thus, if the legislaturn should pas nn net pro- scribing the manner in which tho streets at Detroit should bo pnved.and make its takinr? ef- feet denend iiwi f'fl nnornval or disannrn-nl of tho Common Council, this m d of lerrisl tion would confer upon the Common Council power of tho same mturn as that which would bo conferred by an act authorizing them to pro- scriho th mode of paving street. Tho only difference in iho two caes i. that in tho for- ' mor the power of tho Common Council in lim- ited to tho adoption or rejection of a law pro- posed to them in the latter they are at liberty tn adont whatever law thev ehoosn on thnssnm subject. Again; by the common law, which I prevail in particular township, ow ing to po plo of iho townhin In it favor. . Such n law would confer uiv.n tho poophv substantially the samo power a a law authorising them to enact a by.Bw to the same effect. And m t r!earW the latter would ddogato power of lo- cal legislation. Legislative power may bft conferred upon email bodi-s like tho Common Co ineil of n city, or the neoplo of a township, in cither of the mode referred to; but it la obvlouslhat tho only practical modo of delegating it to tho pr-oute of a c unity, or of tho wh le State, l by ogiBUtivo acts to take effect upon their np- proval. For tho people either of a county or State aro too nnmormis. and too widely dis- porsed. to sembh en-roaso. and act a a legislativo body. They can on'y exerciso legislative power by adopting or rejecting laws proposed by tho legislature who a .no c i can in- ..it iKsm ;! f.irro. nnrl t I' u T--.. . ... 1 1, , ., ..... . .., .i.-iii im i, y w ii , hws must be nthentle.ito1. It is for this . m,nnmnn iK . i i i..-. -'"" ,-.7i.,,,f iiitm i i( if in i vn power to themselves in reference to banking when they provided in tho constitution that no such 'aw shall have effect until approved by a majority of tho doctors of this Stnto. Wo aro now perpared to cxaminato tho act under consideration. No one will contend that it 1' tho Isw of this State exeent so far as it exproFess tho will of tho I'L'jsIaturo, end is not iu conflict with tbo constitution. nut it does not oxpross their will that any of iis urovi-ioim. xeent ectioti8 18. 19 and 20. pedienev of I's taking king cited at an eariv terioi i.issed iho legislature In it Imogh ovtv member thought It might have p (in-priu i"rui , uh,iii-kii rn-i i ,ii.-hiu--i .m It oTnr.ltoni that itklioull become law. The section menti- ned provided f r iaking a j by tho net of Conyross of Juno lfi, 1839. An vote of the people upon tho question who hor . attempt to refer to tho vario'i laws cited wedd or not iho act should tako effect at an early pe- j leud to great prolixity. Th-M U n Instance riod. namely, on tho second of December. 1853. 1 ho wovor, of what may bo termed general log. and declared 'hat it should thou become a law ! islstioii which requires notice. It baa boen if a majoritv of the vo'escast shoul l he in fa-1 ufgted that, upon tho principles wo maintain, vor of it. "Tho vote of the people expressed tho constitutions of 1881 has never been ndop ihelr will and their judgment that it was expo-1 ted. for ihoconvention whieh f-nmoi it submit dient that it should become tho law of this ted it to the people 10 determine whethor it State on the tlay Inst mentioned ! should take ff et or not. If tho'.eonven'ion ' " If the net (except the sections mentioned) l hd power t enact the constitution stall, with now In force who exerted the power h;ch out subu itting it t the peonle, which rray put ir in force? Certainly no' tho le: Mature . well bo disputed, we are clearly of tho opinion Tiiey merely clothed it with tho forms and so. that they are authorized t delegate this p w. leiM'iti. s by which laws must ho authenticated er to the people, nnd mo-t unquestiontbly thov and conferred upon the iMoplo t' o tower to did so by tho su'-m'ssion for certainly it was put it in force in Deceo her 1853. Without the people who made it tno fundamental law. the evorcise of t ig power hv the reoi.lo. or There wrs nothing in tho constitution of 1836, some further act of tho'lcgMa'ure. it must or in tho nature orobjectsof tho convention, have remained wi'hout vitality until 1870. imonsis'ant with such a submission. That Clearly it was the will of the people, expressed constitution merely provided fr tin calling of b their votes in Juno, w hich put ' it In force, a convention when two-thirds of each branch And that will wa directed to the same end, im-' of the legislature should think a revision tuces plied the exercise of tho same discretion, and , -ory and a majority of tho people voted 5n fa una Hiito f'oro of the surne nature, a the will i vor of it. but did not prer-ctibe tho power or which i lii lojfls'atiire would havo exercised if. instead of section and 20. they had enac ted the words"This net shall become a law from and after Dee. 1, 1853" This was legislative will. The power of putting a law iu force, bv it exercise, was legislrtive power. The sec tions of tho ct which purported to confer it. if valid, delegated legislative power to the poo plo. Irt tho only way in which, a wo havo al r ady shown it was practicable to delegate it. Ami tho net if ir. force, is so only in virtue of tho exercise of 'his delegated powor; ' It seem to havo been supposed hysomothat the constitutional objection which might exist to a submission of tho question whether the act should take effect nt all, might bo evaded hv submitting the question whether it should tako effect at onoo the other of two period of time separated from each other by nn interval seventeen vear Jut there i obviously no difference of principle between tho two cases. The determination of the latter question would just n clearly bo nn set of legislation na the put in frce are lully S"8itneI by tho u ion of the Sunreme 'o"rt of Delaware, in Wee vs. Foster, 4llrr. Del R. 477; of tho .Su preme Court of rntivlvneia. in Parker 'vs. Tho Comnioowealth. 0 Prr. 009; bv three do- ion- of difTerent Supremo Cours in New York, on'v one of which (Hrndlev vs. Ilaxter. Am. Law Reg.. Sept. 1853. is yet' reported; anil finally by the unanimous ilori-ion ot tno Court of Ajioeal of that Statn in Hart-) vs. Himrod, decided in July, 1853. The New York cases all involved in question of the va- lidiiy of the S.-hool Law of that State which wns submitted lo tho people fr adoption or re- I jection, ami no attempt has been made to dis- tinguish them from the ease before ns. Tho . -sainn views were expressed by Stuart, J., in , declaring the opinion of the Supreme Court of j Indian i in.Maio v. The Htatcdccidcd in No- v ember lat: but thev wero not necessary M iho determination of the caao than before "tho Court. Such weight of authority against the validity of n specie of legislation which all know i of recent origin, could scarcely bo ex- pectod; and if th case before u was far . !o clear upon principle than it is to onr minds, wo sho.dd hesitate long beforo c venti.rd to dis-; ont from tho viow of tho eminent ill' fits who h ive nroeeded us in the consideration of this subject. , Thero l i'but one contrary decision, nnd that i itt the cao ef Jo'mson vs. Rieh. (9. R.irh, S., C. R.. 00.) decided by iho Supremo Court of Now Yon , fo- the Ts Is Distr ct. threo judges were present and one dissenting; end that ca-e has been overruled by the Court of Appeals in Rarto vs. Ilimrod, already referred to. In tho ooonle vs. Revnohls. 1. Oihn. 1'. the Common-, wealth v. Quarter Sessin.M llirr -SDIr and , Commonwealth vs. Painter. 10 U.vr. 214. laws , special and local in their naturo wore niade to,( tako effect upvti the vote of the people of the Counties or township Interes'of were ho!d va . lid. We think these case wero all correctly ihem d stiiu tlv unon this ground. Whatever i explanation may bo given to them, ono thing f. ' . .i. i i . 1 i certain that exprcsslv concede that gene ral law cannot be made to tako effect upon the result of a popular voto. Thi con.esion is distinctly made in The People . Reynolds, and tho two remaining cases wero decided by the same Court which had pro ionsly decided Parker vs. Th Commonwealth, with lb ex press avowal that it was not tho intention lo to ovorrulo iW , . - " Not, only are tho conclusions at which we have arrived in accorda"cu with tho almost un broken current of authority, but we think they will bo found entirely consistent with the established usage of legislation. Wo aro le t awnro that in a sing'e instanco a general statute ha been acquiesced in as valid winch was mado to tako effect upon the cxer v.. r.i. . : M I .1! .!. iijt i iu.-rs ti i oo nil in u w in n no o i-itm ioii tho bgislaturo would have exercised if they i e j ii'iu imi ii, in imi'o, iimi hich. consequently, HI '"ir iif-vr, iid'egmivn ogiuin I le power. Mast if not all of tho instance of this kind in our view, delegativo legislative power. of legislatibn td which wo havo been referred, wi rolaws relating to mutter of local concern, made to tsko effoct upon a oto of tho people of county or township in their fsvc, ai.d in our view" valid, not bca b-gNlaiivo powers w as not delegated, but because in those cae the legislature had authority to di legate It j Many other Inhtancen refer red to wore lawg which aa thev ranio from the hand of tlie leg- isluturo wero valid en iclinut-in tho nature 1 of propu$ilion9, and tho popular voto wa a i corainm.) aim im-in it um an t-r-iS.- gislatiVo power at all. S-icli wa tho vote of j tho eonvet tiotl opori which tho admission of j - - -- ... - 1 this State into the Union was made to depend duties of the convention when called. It did not p ovide that the power of revision should lie V(stedinthe convention (Ar . 12. $2) and as constitutions are alwav intneory the direct expression of tho will of the people, and in nearly every instance in this country have been adopted by "them, thero can , bo no doubt that the submission in tho present constitution to th peop'o was in entire accordance with the true intent bf constitution which it superceded. Those of our brethren who aro of the opin ion that the In w in question is now in force, concur i" the" views et"resed in tho Supremo Court of N"w York f r tho fib District, in the case of Johnson vs. Rich beforo cited. They hold that an act might be raido to take effect upon the happening of any future ovont, cer tain or centingo'it; that when such an act takes effect it d"0 so in virtue solely of tho will of iho legislature which prescribes tho event and it powers, and therefore n legislative powor U delegated. And they are of tho opinion that thj was a valid sttuto to take fleet on tho happening f a future contingent event, name ly: the reult of a popular vote. Unquestionably no legislative is conferred by an net tho taking effect of whioh is made to depend upon t'ie happening of somo futu.ro o vc nt which is a more change of circumstances upon which tho expediency of tho law, in tho jtidgmentof tho law makers depends, such ns a change of iho season, ot a hostile invasion. For in such a caso, it it mest clearly tho wdl of tho legislature which put the legta'atoro which puts tho law in forco' No o'ber will is exeit-'d to that n- Thy 'event tlie more occasion n t the ca oof it coining into effect. The legislature d- not refer it to others to de termine wi nter it 'hall hevome a law or M. And wi tho question of tho expediency of the law, thoy exercise thoir own judgment definite ly and finally. They d not appeal to others to judge for them a to its presenter future exi odioncy. Thoy exercise the will and tho discretion which in the caso of general laws the constitution makes it their duty to exer cise. No legislative power is conferred by thoso provision of the act which prescrit'o the event and make it tho occasion of the taking effect of tho taking effect of tho law, (it is ab surd to speak of proscribing tho power of such an event,) because tee event implicate no ex erth n of intelligent will in determining wheth er it shall take eff e' or not. But where tho taking effect of an act is mido to defend epon a future euent, which, like the popular .vote in this case, in a mere excrc so nnd exo'ossion of iho samo will and the samo judgmont as to tho expediency of tho law. winch tho legislature would have exercised if they had enacted th.it the law should tako ef feet unconditionally at the time specified, how can it bo said that tho law come into force in virtue of tho will and judgement of tho legisla ture? Tho ovent itself is an exerciso of the will of the people to determine, and whioh dues determine, 'he very question whether the law shnll tako effect . or tint. How can it bo said that the-legislature determine itt Wo trust wo bavo already shown that in such a caso it is tho will of the people, and not of tho legislature, which make tho act a law; that . it is the people, and not tho legislature, w ho judge and determino a to the expediency; and that hreavse the event itself is a muro exerciso . of legislative will and discretion, those provis- j ion of tho act which ''prescribe tho event and its potrrr" delegate legislative power. , j - That reasoning which overlooks tho wide distinction between tho making an act V tako effect Upon the hanrtenitig of an event whieh is. and one whieh is not. the mem exerciso of legislative will and discretion, and infer that becauso lojislativo power, i not delegated m the one case, it i not in tho other, is surely fal'aciou. , ' , v Unquestionably it is truo that tho Isgiida- tore may enact n valid law to take effect on the happening of any future ovent, certain or contingent, which doe not involve tho" cxer t isn by others of that legislative will and dis- crcti' n. which they cannot constitutionally del i gate lo them the power of exercising. Thus fif the d ctrieo that law may: bo inndo to taVe effect upon future cvonts extends and no further. i ., Finally if it is true, as alleoneede, that pow legilativo merely proposo the laws, i nd the pooplo ado-it or reject them, i it not clear that i... i.. ... :.. i.. i . :...,!.. the law in question has not boen constitution ally put in force? For call it a law tn take ef fect upon a contingency, or a law delegating power call it what wo will, this is certain, that in substance and effect, tho law was merely pro osed by the legislature, and, if their voto had any validity, adopted by tho people SAMCKL T. Dot CLASS, Waii.ter Wixo, J. T. Corr.LANn. Pratt, J.. concurred, but delivered a sepp- rato opinion. Crfkx, C. J., and Whipple. .101180:. and Martix, Justice, were of the opinion that 4ho law wa constitutionally in forco. From Kansas. A delegation of Shawnee and Delaware Indians, fr m tho Territory f Kana. are on th'dr way to Washington, for tho purpose of making a troaty about the sell ing of thoir land?, nnd to transact some other butincss in relation to thoir wclfaro. No. 395: i Ccrrespoudeno-of the Cincinnati OaxattCk. THE TBIATOF JHEiWASDS. ELiZAbtTiiTOWN, Ky , April 10th. This caso was called yesterday morning, bud. most of tho forenoon spent in imparricling a jury. OtiS moo summoned, CI had fern oil an piri"n. Every man that would say he had not formed nn opinion was acceptod, and there wa no challer ve nn e ther side. Acer crance was erai.'ed, and Mat. F. Ward only I in trial. He Iain very feblo health aha loo'-s iniserdilo One of l ra legs is all shrunk up with rheumatism, lie ok thin, pule, wiili a hectic flush on hi cheek. Ih addition, lift i now suffering from a severe pain in th In ad, to w hich he hs to upply wot cloths while in the court mom. Ho has evidently slept on nJ bed of rose for the pwst few month, tlis wife has shared his sorrow with him in the jail, and stick by his side in tho court room, with unmistakcabh; marks of anguish stamped on every feature of her countenance Judging; frm her appoarance, sho is fully as miserable: as Mr. Butler, 6inco the melnncbolly event which sent iho husband of one to tbc grave, and of tho other to the jail. Tho entrance of the Ward family Into tho court room, yostorday morning, wa a a most touching scene. The sob of tho ladles bro't leaf into the sternest eyes. All the the aBo clations were tho mott melaneholly, whether we consider the cause, the result, or tho past and present condition of the panics. Hut four witness have ns yi-t been exainlbod. They were all boys in the school, and tostify to the samo general facts that Mat. F. and Robert J. Ward came In and inqnlret'. for Mr Butler, that Butler came out bis rocitstiou room and advanced toward them. that Mat. F. mado somo inquiry of Butler, and Butler asked him info his room and would therAex plftin. that Ward refused to go, and said tba matter mut bo settled thero, that after one or two more questions and answers. Ward Called Butler a liar, that then Butlor raised his arm and mado a step towards Ward, at tho snmo time Ward fired a pistol, Butler fell im mediately, that Mat. Ward drew another pistol, and Robert J. Ward a knife, and cried, stand off thnt tho Ward then went out, But lcr arose, staggered a few steps and was assis ted by the bovs to a dwelling near. This rcveils the point on which tho defence will rest self defence. Tho raising of Butler's arm will be construed into an attack against which Ward had a right to defend himself. Tho. F. Marshal occasionally gets up a rich scono to vary the monotony of the testimony. Wo shall seo lively times, should he enhtinuo to progress, ns Mr. Carponter, Of Covington, replies with equal spirit. i'ho correspondent of the Louisville Demo crat s eaks as follows of Mrs. Butler's appear unce on the witness standi Many a moistened eye reminded tho friend of poof Butler of bis tragical end. when hi wirowcamo into Court. Her testimony was asked only on ono point; ns to her husband' despair of life Tho counsel for the defence asked i o questions. But there tire sad hearts on tho other side, whose feelings ill-assort with the glowing beauties of an April day. Tho crime of murder er homicide, and justice, which follows in its train, thro their appalling shadows all around them. TnE War op tite Oppressors. Somo Cr years ago, all Knrnpo was convulsed by the ef fort ef the misses of her people to reclaim some portion of tho political rights which ho redi'ary oppression withheld from them. Their demands were reasonable and natural; they simply wished to bo recognised as com mon slaveholders in the stage, and to have their happiness and welfare acknowledged el th chief end of government. In les than a year after they had taken their appeal to the' God of Ju6tieoand theeym pathics of the civ ilizod world, the three leading powers in Europe, combin d against them, and within tho next two years "crushed out" every traco of new bon freedom in every inch of territory where it bad made its appearance. Tho unholy and accursed allinnco were Eng land. Russia, and France. For two years they havo enjoyed tho advantage of this restoration of thi despotism. England nud Franco have bad tho satisfaction of seeing Russia strength ened and fortified bv their aid, until everv for tress of freedom which had been established on her frontier, and which might bare kept her in check, was razed to tho ground. Fit retribution for their criminal folly is now in swift pursuit of them. Yesterday' stt amer brought us tho intelligence, long ex pocted, that both thoso governments had de clared war against Russia, nnd now thoso, so lato allies in defenco of despotism, are spring ing at each other's throats in tho deadly strug gle of se'f-preservntion. What tho result of this contest w ill bo, and how long it will continue, it become no one to prophesy. But that it may bo protrscted for month and year, nnd that there may be, at least, one les sovereign nation in Europo when it end than when it began, and contingencies which deserve to bo carefully considered by thoso who have interests at stake in its prose cution. N. Y. Tost. Tnn Assassination of the Dcke op Parma. Tho most important new from I"rly whieh we announced yesterday, was the assassination of the Duke of Parma. All the intelligence which we can gather of the occurrence 1 this, that tho Duko wn attacked in tho street, on Sunday evening, March 27th at half-past fivo o'clock. Tho Bs-itdn having pi ngod a knife into his abJotnen. .wounding, it is supposed' thostomarh. fled and escaped, nnd yet ro mains undetected. Tho Dnko died on tho af ternoon of the next day. Ferdinand, Charles III, Joseph Maria Vill ma Balthasar do Bourhon Duko of Parma, Ph.centia. &c, Infant of Spain, was tho long namo and title of tho defuct princo. Ho was born on tho 14th January. and was, con sequently, thirty ono year of ago at the tim of hi death.' Ho succeeded hi father .upon his abdication in 1819, in tho Duchy of Parma. He wa connected by marriago with tho French Bourbon. His wife wa the daughter of tho Dnko of Berry, w ho wusasasinatod at the op era In Paris.and accordingly sister of tho Duk de Chambord. called by tho French legitimist Henry V., of Franco. Tho Duko loav es four children, tho second of whom, hi son Robert Charles. &c, who ij only six year old, suc ceeds him. Duttnj his minority, his mother will bo recent. Baron Watd, who was tho primo minister and favorite of tho lato Dnko, ha been order ed to qn;t tho country. This man Is an l'ng lish adventurer, and hi history is full of strange contrast nnd alternating fortunes. Ho was nrigi-inHv a common gro'Mii, and was promoted bv tho r-val Duke from the ctabbs to tl.o cab inet. N. Y. Pest. A reward of i?t 000 has been offered for tho robbers, and the 81P.000 lately stolen from the Boatmen's Saving Ins'itution at St Louis. fX In no Irish provineiil paner i iho f.d lo innr slmru'ar notice! "Wherea Patrick O' Connor latelv left his lodgings, this s to eWn notim that if ho P c not return frrmooiii'oiy and pay for tho biikj 1l will b? alvvrtircd.''