public instrument, acknowledged before and cer

"This constitution, and the laws of the United tified by an American consul in a foreign country, States, which shall be made in pursuance thereof, under his official seal, and relating to persons or and all treaties made, or which shall be made un property in the United States, an authentic docu-der the authority of the United States, SHALL BE ment to serve in our state courts, and in courts of the United States?

The following circumstances have given rise to this question.

THE SUPREME LAW OF THE LAND; AND THE JUDGES IN

EVERY STATE SHALL BE BOUND THEREBY, ANY THING

IN THE CONSTITUTION OR LAWS OF ANY STATE TO THE

CONTRARY NOTWITHSTANDING."

Some time last spring Madame Moreau, widow "The senators and representatives beforemenof the late general Moreau, appeared before the tioned, and the members of the several state leconsul of the United States for Paris, and acknow-gislatures, and all executive and judicial officers, ledged a general power of attorney to Henry Casimir both of the United States and of the several states, de Rham, of New York, to transact and settle her shall be bound by oath or affirmation, to support business in the United States; that procuration was this constitution."-I bid, art. 6, clauses 2 and 3. "Consuls and vice consuls of the United States sent to Mr. de Rham, who, it is said, communicated it to Mr. Robinson, his counsel; Mr. Robinson found shall have right, in the ports or places to which the power invalid, because the consular act was they are or may be severally appointed, of renot entitled to faith in the New York courts: ano-ceiving the protests and declarations which such ther power, in blank, was sent to Madame Moreau captains, masters, crews, passengers and merchants to be executed, and lest this, also, should be "void as are citizens of the United States may, respec. and of no effect," the following Dedimas Potestatem was subjoined to it:

tively, choose to make there; and, also, such as any foreigner may choose to make before them relative to the personal interest of any citizens of the United States; and the copies of said acts, daly authenticated by the said consuls or vice consuls, under the seal of their consulates, respectively, shall receive faith in law, equally as their originals

would in all courts in the United States"-Act of congress "concerning consuls and vice consuls," of 14th April, 1792-sec. 2.

"The people of the state of New-York to Isaac Cox Barnet, esquire, consul of the United States of America for Paris, and agent of claims, greeting: Know ye, that we have given unto you full power and authority in pursuance of a statute (L.S.) of the state of New York, entitled "an act supplementary to an act entitled an act concerning deeds," passed 8th of March, "The specification of certain powers and duties 1817, to take acknowledgment or proof of the execution of the deed or writing above written, consuls or vice consuls of the United States, shall in this act to be exercised or performed by the and when you shall have so taken the same, you return the said deed, with your certificate annexed, not be construed to the exclusion of others resultto the person from whom you shall receive the ing from the nature of their appointments, or any same. Witness, James Kent, esq. our chancellor, treaty or convention under which they may act." at the city of Albany, the twenty eighth day of Ibid, sect. 9. July, in the year of our Lord one thousand eight bundred and eighteen."" Signed

"EDM. ELMENDORF,

By the 4th article of the consular convention be tween the United States and France, it was stipulated that "The consuls and vice consuls respectively Clerk in Chancery" may establish a chancery, where shall be deposited the consular determinations, acts and proceedings, It is not exactly known on what law or usage | Mr. Robinson found his pretence of the consul's as also testaments, contracts, and other acts done incompetency to receive acknowledgments or de. by or between persons of their nation, and effects clarations to powers of attorney, and the invalidity left by deceased persons or saved from stripwreck. of his official certificate setting forth the fact, but the following are the authorities on which I ground the belief that the returning of the act, in the man ner above recited, cannot be justified either by law or policy. I have no pretensions to a critical law knowledge, and am only guided by what I believe to be the plain dictates of common sense. If I err, I shall be happy to be corrected, either by Mr. Robinson himself, or any other learned gentle

man of the bar.

The constitution of the United States declares that "he (the president) shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers, and consuls" Const. art. 2, sect. 2, clause 2.

"The congress shall have power

"To make all laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this con stitution in the government of the United States, or in any department or office thereof."-I bid, art. 1, sec. 8, clause 18.

They may consequently appoint fit persons to act in the said chancery, receive and swear them in, commit to them the custody of the seal, and au consular acts, and also to discharge the functions of thority to seal commissions, sentences, and other notary and register of the consulate.”

That no man can delegate powers which he does not himself possess, is an axiom, so simple and selfevident, that I flatter myself none will be found to contradict it. Therefore, the authority here conferred on the consul of committing to the chancellor the authority to discharge the functions of notary, supposes the consul himself duly qualified to dis. charge those functions.

But, to place the matter beyond the reach of cavil, the high contracting parties mutually agree 1, by the 5th article of that convention, that "The consuls and vice consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels, the declarations, and all other the acts which the captains, masters, crews, passengers and merchants of their nation may choose to make there, even their testaments and other disposals "Full faith and credit shall be given in each state by last will; and the copies of the said acts, duly to the public acts, records, and judicial proceed-authenticated by the said consuls or vice consuls, ings of every other state. And the congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be prov. ed, and the effect thereof."-fbid, art. 4 sect. 1. SUP. TO VOL. XVI.

B

under the seal of their consulate, shall receive faith in law, equally as their originals would in all the tribunals of the dominions of the most Christian king, and of the United States.”

Although I conceive the compe ency of the con- the chancellor of New-York a general Dedimas sul to receive the declarations or acknowledgments Potestatem for themselves and for all executive and to powers of attorney, "and other acts," to be judicial officers of the United States, lest, for want clearly established by the foregoing citations; and of this sovereign authorisation, the interests of that there can be no doubt but his acts are entitled individuals should suffer, as in the instance before to faith and credit "in all courts in the United us.

States"-still, by way of superabundant proof, it In justice to Mr. Robinson, it should be stated that may not be amiss to quote the opinions of some he is not the first who has raised difficulties about writers on public law, in relation to consuls and the validity of such acts. Some three years ago Consulates, in order to determine with more a power of attorney was executed before the Ameri precision what are the "powers and duties result-can consul in Paris to serve in Philadelphia: that ing from the nature of their appointments"-as power was pronounced invalid, because, according mentioned in the ninth section of the law above to the laws of Pennsylvania, "letters of attorney cited. and other powers in writing, shall have two or more

Mr. Warden, in his treatise "On the origin, na-witnesses-and if executed out of the state, must ture, progress and influence of consular establish- be proved by them before any mayor, chief magis. ments"-page 91-says "The very circumstance trate, or officer of the city, town, or place where of his (the consul's) corresponding with his own executed, and certified under the common or pub. government on commercial and political subjects, lic seal of the said city," &c. and acting as a magistrate and notary in his office, evinces the sacredness of his employ ment." Hence I infer that, in Mr. Warden's opinion at least, it is customary, if not legal, for consuls to act as magistrates and notaries.

The form being returned, with the above obser vations, to the constituents, (for there were two) they applied to several, if not all, the twelve mayors of Paris, to receive their acknowledgment, and were told, that with the laws of Pennsylvania, they Borel, in his work entitled "De l'Origine et des (the mayors) were unacquainted, and had nothing Fonctions des Consuls"-printed at St. Petersburg, to do; that the laws by which they were governed, in 1807, pages 60 and 61-in describing the at and to which they owed obedience, gave them no tributes of consuls, enumerates all those powers authority to act in such cases, and they conse set forth in the 4th and 5th articles above cited of quently refused. the consular convention, as having become an integral part of the public law of Europe.

Thus rebuffed on every side, they again had recourse to the consul, who, in order to avoid an idle Valia, in his commentaries, liv. 1, tir. 9, art. 25, and ridiculous quibble about words, stated in his says "Not only maritime contracts, but all other certificate, that "personally, came and appeared, contracts between Frenchmen, may be received by A. B. and C. D. who in my presence and in that of the chancellor of the consulate. And not only has the subscribing witnesses, did sign and seal the the chancellor the power to receive them, but it within letter of attorney, and delure the same to is even forbidden to Frenchmen to pass any acts be their free and voluntary act and deed, whereof whatever before public notaries in foreign coun- an act being required, the same is hereby granted, tries, on pain of nullity. by virtue of the act of congress 'concerning consuls

"This is consequently another proof that the chan- and vice consuls,' passed on the 14th of April, 1792" cellor is at the same time the notary and the register-A formula which he has uniformly adhered to, is of the nation, and that he is authorised to discharge similar cases, ever since.

all the functions which belong to both these offices; Mr. Ingersoll's finger being thus put upon the whence follows, that the acts received by the chan- law, he made no more difficulty about it, and the cellor are binding and executory on the property power answered every purpose.

of the persons subscribing them, wherever it may A case somewhat similar occurred in Boston. be situated, as if they were passed before the An instrument, acknowledged before the American notaries of the place where the property lies." consul at Paris, was "null," because the consul Bu, if neither the principles of public law, the was not an officer "duly qualified," &c. but one of constitution of the United States, nor the laws of those odd notions, for which Boston people are so congress, nor a combination of all these, are suf- famous, prompted Mr. Sullivan to send that instru ficient to confer on a consul of the United States meat to Washington to have the consul's signature the right of receiving the acknowledgment to a authenticated by the secretary of state-and when power of attorney, to serve in the state of New-it returned, it was "as good as the bank." York; if "the public acts, records, and judicial Mr. S. had probably read, in Tomlin's Law Dic proceedings" of the nineteen other states, and the tionary, verbo "Evidence," or elsewhere, that several territories, as well as those of the federal" Every instrument, to the singing of which there courts and civil officers of the United States, are" is a witness, must be proved by that witness, if not entitled to faith in law, according to the statutes" living and to be found, or by proving the hand writ and practice of that state; (and by a parity of reaing of the witness, in case he is dead, or domiciled son, we may conclude they are not, since they can" in a foreign country, or cannot be found, so that have no other or greater authority to render them" there may be a presumption of his death." valid, than the principles of public law, the federal So that, setting aside the official quality of the constitution, and the laws of congress;) and if, consul, and pu ting him on a footing with a comnotwithstanding the oath required of the members on witness, Mr. S. avoided the trouble, the risk of the legislature, and of all the executive and and the delay attendant on a voyage of 6,000 miles judicial officers of the states, to support the con- across the Atlantic and back, and probably had as stitution of the United States, the learned coun-good an act, as though it and been executed by sellors of the state of New York persist in their virtue of a Dedimas Potestatem from the chancellor counter demonstration of one of the simplest pro-[of New-York himself!!

blems of Euclid, where that old-fashioned philoso- Tomlin defines a power to be "an authority one pher attempted to prove that the whole is greater man gives to another to act for him." And comthan a part, I see no way to reconcile all interests, mon sense (which I admit may not always be in but for the congress respectfully to solicit from cousonance with law) says, that the only object of

a notarial or other official certificate to such acts, Nevertheless, since it has been agitated, it is is to prove the identity of the constituent, and thus become a matter of considerable importance that prevent fraud and collusion-and does not common it should be correctly solved; it is important to sense further say, that the identity of Madame persons who claim those acts that they be valid, Moreau was as thoroughly established by the con- because, if they are not so, those persons make a sular certificate, under a commission from the pre-sacrifice both of time and money, and perhaps are sident of the United States, granted "by and with [subjected to greater inconveniences and losses in the advice and consent of the senate," and acting consequence of the retard occasioned by the inva be virtue of the laws of congress, as under any lidity of their acts; it is important to consuls, beauthority which the state of New-York could con- cause its solution may seriously affect their exist fer on him? ence, by determinining that they may or may not, by business of this kind, increase in a degree their scanty means of subsistence.

If, as I believe, the competency of the consul to officiate as a public notary, shall be acknowledged by all those gentlemen of the bar, who are as well acquainted with the statutes of congress, and the principles of the federal constitution, as with my lord Coke, my lord Mansfield, Blackstone, &c. &c. &c. the next question is, whether a lawyer can be held responsible for the bad effects resulting from his injudicious or illegal advice?-or, in other words, whether Madame Moreau can bring an action against Mr Robinson for any damages she may have sustained by reason of the retard she has experienced in the prosecution of her affairs? Paris, 1st October, 1818.

I have not the honor of knowing Mr. Robinson, nor do I remember to have ever heard of him until now, but I think it probable that he would have no hesitation in supporting the validity of an act in English passed before a French notary. I am the more inclined to this belief, from having learned from a good source, that some French notaries are in the habit of granting such acts, for the accom modation of Englishmen, and that the said acts are hitherto received in the British courts; and as old mother England is allowed to serve as a model for our conduct, as well in common law as in many other respects, it is to be presumed that American lawyers will not be more squeamish about allowing such papers than English lawyers. But I will add, for their common benefit and edification, that all acts passed before French notaries, must, accord ing to French law, be written in the French language, and be enregistered and the duty paid; without these two requisites, the latter of which cannot be ful-, filled unless the first be complied with, no notaria! act is entitled to faith in the French tribunals. From the great interest of the question announcAnd it would be downright absurdity to pretended, the gallery was filled a few minutes after the that an act is or can be entitled to more credit indoor was opened at twelve o'clock, but the speaker a foreign country than in the country whence it emanat es, unless, indeed, it should be contended that notarial acts, like certain wines, improve their quality by a sea voyage.

Since, then, acts in English cannot legally be passed before French notaries, and as it often bap. pens that Americans, who are in want of those acts, to serve in the United States, do not understand French, they must apply to a sworn interpreter to be made acquainted with their import-must spend eight days or more to get through with the formalities of enregistrement, authentication, &c. &c. and afterwards be at the expense of translating them in the United States; or they must come provided with a dedimus potestatem, from the chancellor of the state of New-York, authorising some person to receive the acknowledgment.

All these inconveniences, (and circumstances may arise where there will be very grave ones,) might be avoided by giving to the letter and spirit of the constitution and laws of the U. States, their force and effect-and making lawyers swear, as judges are obliged to do, that they will support them, and to support them, we must in the first place suppose them acquainted therewith.

British Parliament.

HOUSE OF COMMONS, MAY 3, 1819.
Catholic Question.

did not take the chair till 4. Numbers of petitions were presented from various quarters against the Catholic claims, and some in favor of them; at length, Mr. Grattan rose and presented several petitions from the Irish Catholics, which were ordered to lie on the table.

Mr. Gratton, on presenting these petitions, begged to express his ardent hope, that they would ultimately succeed; and his confident expectation, that they would contribute to strengthen the protestant establishment, and support the protestant succession. It was his most anxious desire, that the two religions, bearing to each other the strongest similitude, having the same hope, the same redeemer, the same gospel, the same God, and, in fact, re[sembling in nearly all respects but forms and sacra. ments, should be united under the same roof, and that roof the British empire. The petitioners, whose prayer he had been the instrument of presenting, implored the house to free them from a burden unjustly imposed upon their generation; to remove disqualifications by which they were afflicted, and to restore them to there common-law right of eligibility, of which they had been deprived, because they refused to adjure the religion in which they I have dwelt on this subject at much greater had been born, the faith to which their consciences length than I at first believed would be necessary attached them. They did not affect to put in any for a question which appeared to me so simple, fantastic claims; they approched parliament clear of and with more gravity, than I at first thought it the false philosophy of the times, and relied merely possible for me to do on one that seemed so ridicu- upon the right to which, by the law of the land, they lous; in fact, does not the whole question lie in were entitled. Yet even this right they claimed determining whether the practice and customs, the under the controul of parliament. If these incapaci laws, if you will, of the state of New York, be pa. ties were repealed, it was the grant of no favour, ramount or subordinate to the constitution of the the concession of no boon-it was the restoration of U. States, and the laws of congress "made in pur a right, a mere absolute legal right. If the house suance thereof?”—And can we believe that any continued these disqualifications, it imposed a senman, in his sober senses, would agitate that ques.tence rather than passed a law. The petitioner tion, if the provisions of that constitution and those submitted with respectful firmness, that they had a laws were fresh in his memory? Icommon-law right of eligibility to parliament and te

office-from this right they were excluded, and the not precedent to office. The law at first allowed causes of disqualification were of three kinds: 1. The three months, then six months, and afterwards a combination of the Catholics. 2. The danger of a longer time to qualify; and we had an annual act of prentender. 3. The power of the pope. He, (Mr. indemnity, which did away the forfeiture altogether. Grattan) insisted, that not only all these causes had Many of the laws respecting those oaths were parceased, but the consequences annexed to them tially repealed, and some altogether: and of others were no more; even the oppositions founded upon it was doubtful which of them was in force. By the them were destroyed and annihilated.-The Roman 20th of Charles II. no Roman Catholic could sit in Catholics did not, and could not, deny the power parliament without taking the prescribed oaths; and of parliament to disqualify; it had long exercised yet this very statute was one of those named in the the right of disqualification for the preservation of indemnity act, even of the present year. He was a its own purity-certain placemen and pensioners sincere friend of the church of England; but supportwere disqualified, and fitly. But if the house de-ed the present motion, not only as innoxious, but prived Catholics of other privileges, there was one as calculated to place her on a firmer basis. with which it could not think of interfering, the Mr. Leslie Foster said, that he was quite astoprivilege of religion: that was not only the privi-nished by the speech of his honorable friend, who lege of the human creature, but the prerogative of had discovered among the secret acts of parliament, the people; there was no power on earth that ought that the Roman Catholics had been in possession of here to interpose; the king, who should interpose the privileges so much in dispute for more than a between the Creator and the creature, erected him-century. A Roman Catholic, it seems, might be Isef into an authority greater than that of the Al- lord chancellor, or preside at the head of any of mighty he had, and could have, no credentials fice, and sit in parliament, although of this last his from man. He had, and could have, no creden- honorable friend was less certain. He took leave, tials from God. Here it was that all men were, as a lawyer, to say, that he differed from him entire. and ought to be, equally free. Conscience could ly. He then proceeded to make a few observations no more be restrained than the wind; it was the on the merits of the question, in doing so he could wind of heaven, the breath of purity. The God not but refer, in the first place, to the feelings of of hosts and of armies had planted it in the breasts the majority of the people against the concession of of his beings, and the God of hosts and of armies the claims put forward by the Roman Catholics. At alone could touch or constrain it. Gentlemen were no time since 1807 were the feelings of both king. too far advanced in knowledge to doubt it; and, ondoms so loudly expressed against the grant of new this account, the opponents of the Catholics said, privileges, or even the discussion of former demands, that it was not against the religion, but against cer- The petitions from Ireland against Catholic claims tain principles, of which they suppose the Roman | were numerous, and respectably signed: and whatCatholic religion to be an evidence, that they direct-ever had been said of petitions with a different pray. ed their objections, and which laid the foundationer, he would still maintain, that the majority of the of the disqualifications. But he (Mr. G.) insisted Irish protestants were against concession. He did that the objectors could not believe their own asser-not mean to throw any reflection on those who petitions. If Catholics were faithless and perfidious, |tioned in favor of their Romon Catholic brethren. why restore the house of Bourbon? If the Catholic Пle admitted their numbers and respectability, but religion was so dangerous why unite to establish it it is not to be forgotten from what quarter the peti abroad? Why were Catholics to be supported in tions principally came, namely, from the south and France and Italy, and repressed in Ireland? He west of Ireland, were the Roman Catholic popula respected the church of England for its mild and tion greatly predominated, where the protestants benevolent principles, and much regretted that its were few and in the power of the Catholics, and clergy should interfere against their Catholic bre-where their motives in petitioning, therefore, could thren, instead of making a common cause in favor of be easily appreciated. On the other hand the petiChristianity, and against scepticism and infidelity.tions against Roman Catholics were sent up from It was said, that the Catholic religion was unfriend-great bodies of men in the north of the island. It ly to civil liberty: let those who thought so look at was to the north that we were to look for the feeling Magna Charta, and see whose signatures were affix- of the Irish protestants, and for the most enlightened to it; among them were two families whose de-ed opinion on the question before the house. To scendants now petitioned for their ancient rights-this valuable and intelligent portion of the popula It was said, that Catholics would persecute the proti n he would refer; and found on the table petitions testants, and yet it appeared that in the British popu- from Monaghan, signed by 20,000 individuals; from lation the former were as six to one. The right Antrim, signed by 19,000; from Fermanagh, signed honorable gentlemen went over a variety of other objections, and concluded a long and eloquent speech by moving the appointment of a committee of the whole house, to consider the state of the laws relative to RomanCatholics, and to report how far it may be expedient to alter and amend them.

by 9000, and from other districts or counties, with numerous signatures, praying that the claims of the Roman Catholics might not be acceded to.--(Hear.) A second objection which he had to the motion of the right honorable gentleman arose from the conduct and feelings of the Catholics themselves. It Mr. Croker apologized for speaking so early in would be recollected, that the petitions for conces the debate; but the part he had taken in bringing sion were all silent on the subject of safe-guards or forward an act last session, to empower Catholics to securities. Nobody could feel greater respect than hold rank in the army and navy, had brought the he (Mr. Foster) for those who brought forward the subject particularly under his notice. He did not bill in 1813, granting the Catholics political privi conceive, that granting their present claims would leges on certain conditions of security. They did confer on them any thing more than they were en-all they could to protect us from anticipated dangeri titled to by the law of the land; and he knew no law but he was free to say, that their proposals gave no to prevent a Roman Chatholic from being a privy satisfaction to a single protestant that he ever saw, councellor, or even a lord chancellor. It is true, that certain oaths are enjoined, and there are about 150 acts of parliament enjoining them; but they were

nor to the Roman Catholic clergy themselves. The latter declared, in an unanimoins synod, that they could not concur in the proposed arrangement, with

ont incurring the guilt of schism,and that they would suoner die than submit to it—(Hear, hear.) What then would have been the eonsequence of passing this bill by which the legislature would have alarmed the protestants by concession, and inflicted martyrdom on the Irish Roman Catholic bishops, by demanding securities? If the right honorable gentleman could now come forward with proposals more satisfactory, let him declare them to the house; but

Important Economy.

FROM THE OHIO INQUISITOR.

We invite the attention of our country readers, and our readers generally, to the following observations on the subject of makind pot and pearl ashes, communicated by Mr. Neave. We do this with the more earnestness, because we presume that few, comparatively, are aware of the immense revenue to be derived from a source which is entirely neglected in the clearing of new lands.

let him not ask for a committee in which he had no definite propositions to make, and which might agi. tate the country with vague hopes or alarms, with-instructions for the manufacture of pot and pearl Friend Cook & Co.-By publishing the inclosed out leading to any certain result. These were ash, and making suitable editorial comments, you grounds on which he should oppose the motionHe thought that the house might as well thrust a extensive export trade; and if the publishers of almay be the means of laying the foundation for an burning torch into a barrel of gunpowder, and ex-manacks would copy it into those for the next year, pect tranquility, as enter into a committee to discuss information would be more generally diffused. projects for securing the affections of the Roman The farmers and settlers on new lands in the state Catholic clergy, if additional means were granted of New-York, ar enabled to pay for them, in a them of injuring our establishments. As an Irishgaeat degree, from this additional industry; and noman, he would not consider the question as it regarded the whole of the empire, but as it was limited thing but calling the attention universally, by every to Ireland. Suppose three-fourths of the members of ashes, and loss of commerce, can have prevented newspaper, in those new states, to the present waste of parliament, of the grand jurors of counties, and considerable exportation before this time to Euof the magistrates, were to be Roman Catholics, which was the proportion which that class bore to mestic manufacture, for payment of foreign luxuries rope, via New Orleans; furnishing another great do. the protestants after gaining so much influence, I have a variety of samples furnished from Newwould they not demand exclusive power? Would York, which can be seen. not the ecclesiastical part of their community claim Respectfully, their share of privilege, and demand the establishments now in the hands of the protestants? He did not know, indeed if, in such circumstances, exclusion from the emoluments of the church could be defended. But it might be said that, connected with the British empire, the Catholics of Ireland compos-one ton of pearl ash; but if wet or dirty, it will re-. ed only a sixth of it. Would they not, in that case, then, desire a separation form Great Britian, as the means of securing their ascendancy? He apprehended then, two dangers from the grant of the present claims; the one, the overthrow of the Irish protestant church; and the other the separation of Ireland from the empire.

Lord Normanby, Mr. Becher, Sir R. Wilson then spoke in favor of the motion, and Mr. Brownlow and lord Lowther against it.

JEREMIAH NEAVE.

A calculation for making pot and pearl ashes. Twenty-five cwt. of clean black salts will make

quire from 25 to 30 cwt. 700 bushels of field ashes, which make one ton of pearl ash. Five hundred bushels of house ashes, or 650 bushels of field ashes, if clean, and burnt from green timber, will make one ton of pot ash. The sooner the ashes are worked after they are burnt, the more pot ash can be got from them; and by putting three or four inches of slacked lime in the bottom of your leaches, you will find that the pot ash will melt much easier; and by putting the pan in the bottom of the kettle in which you are boiling the ley, you will catch the neutral salts that first settle for three or four hours: it wil be well to put them among the black salts for pearl ash, as they will, if left in the kettle, not only make the pot ash melt hard, but will have a tendency to make it pass for second quality.

Amidst a general cry of question, Mr. Plunket and Mr. Peel rose at the same time, but during a pause, resulting from each wishing to give precebence to the other, the question was put, and the speaker determined that the 'noes had it.' As the above gentlemen, however, were still desirous of delivering "I shall now proceed as briefly as circumstances their sentiments, a long discussion arose, whether and my little spare time will admit, to gratify your they could be heard or not. It was at length decided, request, by recommending the preceding mode to that the negative vote having been given, no mem-be pursued by your friend (to which I have added ber could afterwards speak to the question, and that some few observations and remarks,) viz:the observations to the order of the house could be In the first place, it is highly necessary for every delivered only in the way of advices to the speaker, manufacturer of pot ash, to be extremely careful and by the members sitting and covered. A division cautious in the purchase of his raw ashes that he then took place, when the numbers appeared to be may avoid imposition, by the purchasing of ashes for the committee, 242—against 248. On declaring that are burnt from dead, or dead rotten wood; as these numbers at the table, Mr. Croker, one of the well as such as already have been leached by the tellers, stated that it was his duty to report to the vender, who, for the sake of gain, as well as decephouse, that during the discussion which had taken tion, has caused them, after being spent and taken place on the point of order, some members had en-out of his leach, to be burnt over again on his fire, tered the house who were not present when the question was put, and whose votes must, therefore, be disallowed, and accordingly it was decided, that the names of lords Worcester and Rocksavage, Mr. Banks, Mr. Ure, and general Porter, should be struck off from the noes and that of lordForbes from the ayes. The state of the numbers then was, 241 for the committee-gainst it 243-majority 2.

and mix them again with fresh and new ashes, as often is the case. The evil resulting from the latter, is not only in the cost and labor in handling them, but the disappointment in the expected quantity of pot ashes expected to be obtained from them, as would be afforded from the same number of bushels of good raw ashes. The two former kind of raw ashes not only strongly partake of the same evils, but ano