of the white, is the blood of freedom; there is nothing degrading in it; and hence, therefore, the Indian and his descendants may well claim to be white within the legal meaning of our constitution.

Sec. 20. A Mestizo is the issue of a negro and an Indian, and is subject to all the disabilities of a free negro and mulatto.

Sec. 21. The burden of proof of freedom rests upon the negro, mulatto, or mestizo, claiming to be free.

Sec. 22. Under the act of 1740, 1st sec., 1st proviso, and the act of 1799, it is provided, if any negro, mulatto or mestizo shall claim his or her freedom, he may, on application to the clerk of the Court of Common Pleas of the District, have a guardian appointed, who is authorized to bring an action of trespass, in the nature of ravishment of ward, against any person claiming property in the said negro, mulatto or mestizo, or having possession of the same; in which action, the general issue may be pleaded, and the special circumstances given in evidence; and upon a general or special verdict found, judgment shall be given according to the very right of the case.

2. MOBILE AND OHIO RAILROAD.

To Sydney Smith, Esq., President Mobile and Ohio Railroad:

Dear Sir-Having made a partial reconnoisance of the country between the Ohio river and Mobile; and having organized and placed in the field four efficient parties of surveyors, who are now actively engaged in running the necessary lines to determine the best location of the railroad, it may be agreeable to you, and useful to your company, to receive from me some general remarks upon the practicability and character of the great work you have undertaken. These I am happy to make, in advance of a detailed report upon the results of the surveys, in consequence of the misapprehension existing along the route, and, to some extent, even in Mobile, in relation to the ability of the people to build the road at this time, and to its capacity as a labor-saving machine.

First. The country throughout the whole distance is of the secondary alluvial formations, exhibiting but few points of rock excavation, and these of the softest kind of limestone and sandstone. Its surface is moderately undulating, but where the road will naturally cross the dividing ridges does not exceed 250 to 300 feet above the nearest navigable waters of the Tennessee, or Tombigbee rivers. Nor will the road be, at the highest point, over 650 to 700 feet above the tide water at Mobile. Very little stone, fit for masonry, can be found; but materials for bricks and timber in the greatest abundance, are everywhere convenient and suitable for railroad structures. In fact, the country under examination, topographically and geographically, is very favorable for the construction and use of a railway.

Second. In consequence of the slight elevations to be overcome, and the otherwise general feasibility of the country for the railroad in the north and south direction, the gradients and curves can be made, by a careful location, of easy passage, so that the speed and effective power of the engines may be greater upon your road, other things being equal, than upon any other line of equal extent in the United States. Going south, we hope to have no gradients to exceed thirty feet per mile, or north, over forty feet; and the shortest curve not less than 1432 feet radius. With these natural facilities for construction, and the certainty of taking a fair portion of the immense traffic of the Mississippi and of its northern and eastern tributary valleys-also, the whole of the local business of the extensive agricultural country through which the road will passyou can have no apology for building any other than a permanent, first class road-one as good as the best in the north-eastern states. With this view, a location, plans and estimates, will in due time be presented, which, if carried out, cannot fail to give the following results, viz:

Time of transit of passenger trains through..

do.

do. freight, do. do.

.20 hours. ...40 do.

.236 do.

Gross load of 20 ton engine going south on on max. grade of 30 feet..400 tons. Of which will be merchandise..

Gross load of same engine going north on max. grade of 40 feet..

....330 do. .194 do.

Of which will be merchandise... On a road of this character, passenger fares will range from 24 to 3% cents per mile, inversely to the distance traveled. Freight charges 11⁄2 to 3 cents per

ton per mile, for agricultural products, salt, lime, plaster, &c., and 21% to 5 cts. per ton per mile for imported merchandise. All freight charges being propor. tioned directly to the value, risk, and bulk of the articles, and inversely to the distance transported.

The following table of comparative loads on different inclinations, will show the value of reducing the maximum gradients to the lowest practicable limit:

Hence the cost of traction per ton on a load, compared with the gradients mentioned in the table, will be in the ratio of 1-1,49-1,98-2,49-3-3,53 and 4,13. Every person can see from this the importance of the low gradients as an element of cheap freights; also, of a strong iron rail, without which a smooth road surface cannot be maintained even on a level gradient.

Third. The great benefits of this road to the country to be traversed by it, will be fully proved by enabling the agriculturists of western Kentucky and Tennessee, and northern Mississippi and Alabama, to crop their fields and place their products in the Mobile market twelve to twenty days earlier than can be done from the states north of the Ohio; and also, by furnishing the citizens of Mobile and the planters of the whole cotton growing region of eastern Mississippi and western Alabama, with their supplies of provisions directly from the north, at all seasons of the year, and over an average distance of 200 to 400 miles, instead of 1500 to 1800 miles, as is now the practice, via the Ohio, Missis sippi and Tombigbee rivers.

The soil on nearly four-fifths of the entire route, is, on the average, as rich and fertile as any in the western country, and, in consequence of its distance from market, is now but partially cultivated; that it will be thickly settled and greatly enhanced in value by your road cannot be doubted. Of this enhancement of value, I venture to give you the following estimate:

$24,769,000

Judging from the effect of railroads elsewhere upon the value of real estate, one-half of this increase will be realized in five years, and the whole within fifteen years after the road shall have been completed.

Fourth. Are the people of the country adjacent to the route sufficiently numerous and in condition to make the road in the next five years? I believe

they are; and could they all be induced to unite in contributing to the work by taking stock in proportion, respectively, to their taxable property, real and personal, the road would be completed in two and a half years, instead of five, or any longer period. In proof of this, it is only necessary to state, that there are at this time, not less than seventy-eight thosand men, white and black, living within two tiers of counties on the route. About sixty-three thousand of these are in the condition of laborers, while the other fifteen thousand are occupied in professional and mercantile callings, as large landed proprietors, or gentlemen of fortune and leisure-each and all able to pay for the labor of others. We may, therefore, consider the country capable of furnishing continuously, for all departments of the work, one-eighth of its entire manual strength, say 9750 men; and as many horses as may be needed. In two and a half years these men should work 625 days each, which will give in the aggregate 6.093,750 days' work; two-thirds of this labor will probably be required on the grading, bridges, and permanent fixtures of the road, and the remaining one-third will consist of foreign labor expended in making the iron and machinery, and transporting the same to the line. Without going at this time into a calculation of the actual amount of work to be done, which must be determined by the survey now in progress, I assume, for this argument, that about an average of 13,200 days' work of men, and 5,000 of horses, may be required per mile, to complete the road and stock it with buildings, cars and engines; making an aggregate for the whole route of 6,072,000 days' work of men and 2,300,000 days' work of horses. The manual portion being less than one-eighth of the present labor of the country contiguous to the route for the period of two and a half years. Let then the local and laboring people, with their cattle, build the roadway, permanent fixtures, and lay the track; and the 15,000 other citizens, who hold and control capital, furnish the iron and machinery.

This will be a simple application of the principle of associate labor of men and capital, which has been so vastly beneficial to the northern and middle states; the fruits of which are honorable and useful employment, common interests, prosperity and happiness, to all classes of the people.

In nature the ant and the bee beautifully exemplify the same beneficent idea. Apply it to your present enterprise, and every man interested will be astonished to behold how much can be accomplished in a short time, even during the waste days of a single winter. From what I have seen of the people of the interior, they are exceedingly anxious to have the road, and will be well disposed to associate for their portion of the work, as above suggested. They all know that many hands make light work."

Fifth. The work of making the road belongs to the people who are to reap the benefits of it; at least three fourths of it; thereby creating a property upon which one-fourth of the entire cost may be borrowed for a time, if necessary or convenient, until the road, by invigorating industry of all kinds and producing a revenue, may entirely pay for itself. But, if what I have said of the labor of the country and the mode of combining it with capital in this work be true, there will be little need of borrowing. So long, however, as the idea is entertained of foreign aid in raising the first three-fourths of the stock, the completion of the road will be delayed.

Sixth. The route now under survey is that mainly recommended by Mr. Troost; passing through portions of Ballard and Hickman counties, Kentucky; Obion, Gibson, Madison, McNairy, Hardin and Hardiman counties, Tennessee; Tishamingo, corner of Pontotoc, Itawamba, Munroe, Lowndes, Noxubee, Kemper, Lauderdale, Clarke and Wayne counties, Mississippi; and Washington and Mobile counties, Alabama.

Another general route is worthy of particular consideration, and is as follows: diverging from the first route in Obion county, Tennessee; thence through portions of Gibson, Haywood and Favette counties, Tennessee; Marshall, Fayette, Chickasaw, Choctaw, Winston, Neshoba, Newton, Jasper, Clarke and Wayne counties, Mississippi; and Washington and Mobile counties, Alabama; joining the other route again in the valley of the Escatawpa. These two routes, denominated the Eastern and Western, are the most favorable that the country presents, and the thorough examination now under way will enable me to report upon their comparative merits.

Very respectfully and truly, I am your obedient servant, Columbus, Ken., Jan. 5, 1849. JOHN CHILDE, Chief Engineer.

3. SOUTH CAROLINA INSTITUTE.

We hail with delight the establishment of such an institute in our neighbor city of Charleston, and trust to see the example imitated everywhere. The able and lucid address before the Institute, by Messrs. Taylor, Walker and Thomson, shall have a place in the next number of our Review.

The South Carolina Institute, for the Promotion of Arts, Mechanical Ingenuity and Industry-The first Annual Fair of the above Institute will be held in Charleston, commencing on Wednesday, 17th October next, and continue open during the week.

Specimens of Art, Ingenuity, Mechanical Skill and Industry, of every description, are solicited for the Exhibition, and Premiums will be awarded to those presenting the best specimens.

A list of the Premiums to be awarded will be published at an early day.

All those who intend sending articles for exhibition, will please give notice to the Committee of Arrangements, at an early day as possible, and every specimen sent will be carefully attended to by the Committee of arrangements.

Officers of the Institute.

WM. GREGG, President.

WM. KIRKWOOD, 1st Vice President, E. C. JONES, Secretary,
WM. M. LAWTON, 2d Vice President,

L. A. EDMONSTON, Treasurer.

C. D. Carr,
H. D. Walker,
F. J. Porcher,

D. N. M'Intosh,
C. Y. Richardson,
Wm. Lebby.

4. AGRICULTURE, COMMerce, and mECHANIC ARTS IN SOUTH CAROLINA.

Richard F. Reynolds, Esq., chairman of a special committee appointed by the Legislature of South Carolina, made a valuable report to that body, upon the propriety of appointing a regular "Standing Committee on Commerce," etc., in the Legislature. Mr. Reynolds deserves great credit for his exertions, in this respect, and in many others bearing upon the industrial progress of the South. His idea of a Bureau of Statistics, in South Carolina, as in Louisiana, is what we desire to see in all the states of the Union, very soon.

It is a fact scarcely to be credited, that whilst within sight of this building, there are beds of the noblest granite in the world, the very pillars of our Capitol gates, of similar material, have been brought from abroad-transported a thousand miles by sea, and more than a hundred miles by land; that whilst we have lime formations in abundance, the walls of our dwellings are cemented by like materials, brought from an equally distant region; that whilst we have iron, the very best in the world, gold, copper, lead, precious stones, white and variegated mar bles, of fine quality and susceptible of the highest polish, freestone, slate, plumbago, chalk, lithic paints, sulphur, asbestos, porcelain clay, and many other mineral productions, which might be prepared for use, and rendered productive of great profit, they are suffered, for the most part, to remain in their natural state, unappreciated and unused. But a new era is breaking upon us, and we are beginning to avail ourselves of those natural advantages which Providence has placed within our reach. We have discovered that cotton can be manufactured at a much less cost here than at Lowell or Manchester-that whilst our labor is cheaper, we are supplied with the raw material at smaller cost, and that therefore we can, without the protection of federal tariffs, compete successfully with others in the markets of the world, and enrich ourselves with ample profits. It has become apparent, too, that mechanical pursuits of almost every description, can be conducted with greater profit here than in more northern latitudes, not only on account of the advantages arising from a more liberal dispensation of solar light and heat, but from the greater cheapness of the means of subsistence; and it is only necessary for capital, with her magic wand, to call into being those establishments which concentrate and economize mechanical labor, in order to render us entirely independent in this respect. And commerce, too-commerce is opening to us new avenues of wealth. Within a brief period we were consumers of northern flour; now we are the exporters of it to the extent of thousands of barrels, and it is only necessary for us to comply, by legislative enactments regulating its inspection,

with those imperative demands of foreign commerce, which the merchant suggests, and which he only can intelligently direct, in order to facilitate its sale in the markets which he has found for you. It is well known, that on all the flour now produced in this state, and sent to the sea board, an average loss of one dollar per barrel is sustained by the agriculturist or the miller, in consequence of non-compliance with the inspection laws of the world, which require the packages to be of peculiar character-their capacity perfectly uniform-and the qualities duly classified and certified-a loss which might be entirely saved, by decreeing those wholesome regulations against which the clamors of the ignorant are raised, because they impose an inspection tax, as it is called, of five cents per barrel. It is a fact so entirely notorious, as hardly to be worthy of reiteration, that southern flour is better than northern, and the only drawback to its profitable sale in foreign markets, is in consequence of neglect of those inspection laws which the merchant dictates, and the necessity of which is forced upon his convictions by actual experience of their importance. No wonder that your Judiciary Committee, who were charged with the consideration of a bill of this character, have felt themselves constrained to ask its transfer to another committee; and it will not be sur prising if your Committee on Agriculture come to the conclusion that a bill of that sort is as far removed from the appropriate sphere of their duties, as of that of the Judiciary. It is a Commercial Committee you need for such matters, and if the membership of this House does not furnish merchants, the committee would be not the less able to arrive at an enlightened decision in all such cases, inasmuch as that class of citizens would place within their reach all such information as might be necessary or desirable. There is now no proper or recognized destination for such information.

The merchant, the manufacturer, or the mechanic, comes to the capitol-he looks into your Rules of Order, and finds that you have provided for the planter, the physician, and the lawyer, but that he is nowhere recognized there. A name and a place are denied him, and he feels that although his brethren of the legisla ture, who are sent up here to legislate for the good of all, are entirely disposed to mete out justice to him, yet he finds you unadvised of his requirements, and actually prejudiced unwisely and unjustly against him, in consequence of being unaware of his true position in the productive community. The lack of legislative encouragement and protection to industrial pursuits in this state, and the astonishing energy of at least one class of our artizans, which overcomes even the coldness and apathy of the legislative power, cannot be better illustrated than by some allusions to the lumber trade of South Carolina, in so far as it may be indicated by that comparatively small portion of it which finds vent at the Port of Charleston, and which present, to the eye of every one who desires the prosperity of the state, features as gratifying as they are astonishing, showing that in scarcely a single item of trade, in any part of this country, is an increase exhibited so remarkable as this. The following tabular statements exhibit the exports of lumber, foreign and coastwise, from the port of Charleston, for the last four years:

EXPORTS FROM CHARLESTON OF LUMBER AND TIMBER.