such form of speech unless such was their intention. Then, if it were the intention of the convention, as it seems to have been, that no appointment of a president judge of any of the courts of common pleas, made by the governor, between the adoption of the amendments to the constitution, and the first day of January, 1839, should endure longer than to this latter day, it is nothing but right, in a legal point of view, that he who has been so appointed should then give up the office; so that it may be filled again, either by himself or another, nominated by the governor, and by and with the consent of the senate appointed and commissioned by the governor for that purpose. Believing this to have been the meaning and intention of the convention, as collected from a fair interpretation of the language and terms in which the amendments are drawn up, we consider ourselves bound to carry the amendments into effect according to such intention, let the result of their operation be what it may, whether for the better or the worse, as forming part of the constitution and paramount law of the state. My own prejudice, however, is certainly not in their favor. I have no hesitation in pronouncing them the product of a delusion, that has been the ruin of nations in times past, quite as wise, intelligent, and virtuous, at one period of their existence, as we have any right to claim to be. But as long as it belongs to every succeeding generation or nation, always to think itself more enlightened, and more wise, and therefore more capable of governing itself, than any that has gone before it, in such manner as most effectually to promote and secure individual as well as national happiness, by leaving or placing every one in the full enjoyment and exercise of all his natural rights, without imposing any restriction upon them whatever, it is not to be wondered at that we should, under the influence of a most inflated and vain confidence in our own superior wisdom and discretion, disregard the warnings which might be derived from the experience and sad fate of those, who from the same kind of illusory confidence in their superiority lost every thing, and became, as it were, entirely extinct among the nations of the earth; and blindly and most heedlessly run on, in precisely the

same fatal course that led to their degradation and ruin. It would seem as if the empty pride and incorrigible vanity of our nature was, without fail, either sooner or later to consign us to some such unhappy destiny, as ever ought to be deprecated. Seeing then, the commission, under which judge Collins claims to hold the office of president judge of the second judicial district, being granted subsequently to the adoption of the amendments, and consequently, as has been shown, not embraced nor its force extended by the seventh section of the schedule, nor by any other part of the amendments, became null, void, and of no effect whatever, on the first day of January, eighteen hundred and thirty-nine. Judgment of ouster must therefore be rendered against him. It is considered by the court here, that the said Oristus Collins, Esq. do not, in any manner, intermeddle or concern himself in and about the holding of, or exercising, the said office of president judge of the said second judicial district within this commonwealth, composed of the county of Lancaster, in the said information specified, in virtue of the supposed commission by him mentioned in his plea in bar aforesaid :—but that the said Oristus Collins, Esq. be absolutely forejudged and excluded from holding or exercising the same office, and that the said commonwealth recover costs taxed at, &c.

LEGISLATION.

ALABAMA. The general assembly of this state, at the last session thereof, held in the months of December, 1838, and January and February, 1839, passed one hundred and thirty-three general and one hundred and twenty-one special laws, and sundry joint resolutions. The general laws contain an unusual number of provisions of general interest.

Evidence of account. In suits upon accounts for sums not exceeding one hundred dollars, the plaintiff's oath is made evidence, unless controverted by the oath of the defendant, except in cases where the latter is sued as executor, administrator, trustee or guardian. No. 27.

Suits by partners. Where a plaintiff brings suit as a firm or copartnership, proof is not to be required, that the individuals named as plaintiffs constitute the members of the firm, unless the defendant puts the same in issue by a plea in abatement. No. 27.

Chancery. The state is divided into six chancery districts, the first, second and third of which constitute the southern and the remaining three the northern chancery division, for each of which divisions, a chancellor is to be chosen by the joint vote of the general assembly, for the term of six years. The chancery jurisdiction heretofore exercised by the judges of the circuit courts is withdrawn from them and conferred on the courts so constituted. The judges of the supreme and circuit courts are authorized, however, to issue writs of injunction and ne exeat, returnable before the chancellors. No. 34.

Penitentiary. A general penitentiary and prison is authorized to be built, under the superintendance of three commissioners, at some place not exceeding fifty miles from the centre of the state,

for the reformation and punishment of offenders sentenced to imprisonment and hard labor. The commissioners are to be chosen and the place selected by the general assembly. No. 39.

Criminal laws. The same statute requires the appointment, by the general assembly, of three persons, to prepare and submit to the next session of the legislature a code of criminal laws adapted to the penitentiary system of punishment, and a set of rules for the organization and government of the penitentiary.

Concealed weapons. The carrying concealed about the person of any kind of fire-arms, bowie-knife, Arkansaw tooth-pick, or any other knife of the like kind, or of any dirk or other deadly weapon, is made punishable by a fine of not less than fifty or more than five hundred dollars, to be determined by the jury. No. 77.

Sureties. Where one of several co-sureties is sued, he is authorized to notify his co-sureties of the suit, and the court, upon proof of such notice, and that the party notified is surety, is required to enter up judgment in favor of the surety sued against his co-surety so notified, for the proportion of the debt, which the latter ought to pay. No. 82.

Imprisonment for debt is abolished, except where the plaintiff or his agent makes oath, that the debtor is about to abscond, or has fraudulently conveyed or is about to convey fraudulently his estate or effects, or has money liable to satisfy the debt, which he fraudulently withholds, in all which cases the body of the debtor may be arrested. No. 89.

Dower. A married woman, by joining with her husband in the execution of any deed of conveyance of lands, &c, in the presence of two or more credible witnesses, or acknowledging the execution of the same, before any person competent to take the acknowledgment, may bar her right of dower in the estate so conveyed. No. 84.

Counsellors and attorneys at law from other states may be licensed to practise law in this state, without a previous examina. tion, by applying to the supreme court, and producing evidence of good moral character, and that they are licensed to practise law in the highest courts of some other state. No. 85.

Seals. All covenants, conveyances, and contracts in writing, which import on their face to be under seal, are to be considered as sealed instruments, whether a seal be affixed thereto or not, or whether there be a scrawl to the name or not. No. 94.

Slander. All words spoken and published of any female, falsely and maliciously imputing to such female a want of chastity, are made actionable in themselves, without proof of special damage. No. 87.

Mechanics.

The mechanics of Mobile are authorized to retain all articles made or repaired by them in their shops, until paid therefor; and, in default of payment for five days, to cause the same to be sold at public auction, after ten days' notice.

KENTUCKY. The general assembly of Kentucky, at the session thereof, which terminated in February last, passed four hundred and sixty-nine statutes, nearly all of which are of a private or local character.

Legacies and devises to children and grand-children shall not lapse by the death of the legatee or devisee before the testator; provided such legatee or devisee have children living at the testator's death, who would have taken as heirs by descent, or as distributees of the legatee or devisee. Chap. 1019.

Lien on steamboats. All the officers of steamboats, (except the captain) also the firemen, and owners of firemen, together with the mariners, and other hands, on all steamboats within the state, shall have a lien for their wages on the boat, her engine, tackle, and furniture, and a preference over any and all other debts due from the owners; and steamboats, built, repaired, and equipped within the state, shall be liable for all debts contracted by the master, owner, or consignee, on account of work, supplies, or materials furnished by mechanics, tradesmen and others, for and on account of or towards the building, repairing, fitting, furnishing, or equipping, such steamboats, their engine, tackle or furniture, and shall have preference over any and all other debts due from the owners, except the wages due the officers and crew; and every steamboat coming within the state, indebted on account of