the French, and substituting those of Spain in their stead,) were fully recognised, and confirmed, by the Spanish government at home, on the 24th of March, 1770; (g) and thereby making the proceeding valid, and binding from the beginning; but on examining the commission of O'Reilly, we find that he had sufficient power without any subsequent recognition or confirmation being necessary.

The proclamation of O'Reilly was accompanied by an ordinance establishing the several branches of the new government of Louisiana, and defining their respective powers, and appears to have been published on the 26th of November, 1769. From the time of its promulgation until now, the French laws ceased to have any authority in this country, (h) and all controversies were tried and decided conformably to the Spanish laws, by a tribunal, of which the governor was the supreme judge in Lower Louisiana; and the lieutenant governor, subject to the control of the governor, was the supreme judge in Upper Louisiana, though they were bound to take the advice of a lawyer appointed and commissioned to that effect, by the King of Spain, and called the Auditor of War; and the commandants of the several posts were the inferior tribunals. From all the judgments of the lieutenant governor's tribunal, there was an appeal to the governor, though such an appeal was seldom, if ever, resorted to; and from all the judgments of the governor's tribunal, there was an appeal to the Royal Audience, sitting at Puerto Principe, in the Island of Cuba, and presided over by the captain general of that Island; and from the commandants of the posts in Upper Louisiana there was also an appeal to the lieutenant governor.

The return of Louisiana under the dominion of France, and its transfer to the United States, did not, for a moment weaken the Spanish laws in the province. The French, during the short continuation of their power, from the 30th of November to the 20th of December, 1803, made no alteration in the jurisprudence of the country.. (i.)

According to the law of nations, and the treaty between the United States and France, of April 30th, 1803, and the acts of Congress of March 26th, 1804, March 3d, 1805 and June 4th, 1812, the Spanish laws in Upper Louisiana were expressly continued in full force, until altered or repealed by the proper legislative authority. There was no legislation on this subject, until the 19th of January, 1816, when the territorial legislature of Missouri declared that the common Jaw of England, and the statutes of the British Parliament, made prior to the fourth year of James the First, to supply its defects, should be the rule of decision, so far as the same were not repugnant to, or inconsistent with, the laws (omitting to say statute laws) of the territory. (j.) The Supreme Court of Mis

(g.) Vol. 2 White's Rec., 450, 467.

(h.) See preface to Morean and Carleton's Partidas, vol. 1, p. 21; New Orleans vs. U. S., 10 Peters' Rep., 662; argument of Mr. Geyer in the case of Strother vs. Lucas, 12 Peters' Rep., 782; Martin's His. of Lou.; 3 Martin's Lou. Rep., 120.

(i.) Morean and Carleton's Partidas, vol. 1, p. 21, preface; Martin's His. of Lou.

(j.) Ter. Laws of Mo., vol. 1, p. 436.

souri, in the case of Lindell vs. McNair, 4 Missouri Reports, page 380, and in the case of Picotte and others vs. Cooley and others, 10 Mo. Rep., page 312, seems to have decided, that the act of the territorial legislature, of the 19th of January, 1816, did not abolish the Spanish laws, but only introduced the common law, so far as was necessary to supply the deficiencies of the Spanish law; and the Missouri District Court of the United States, in the case of Smith vs. Fitzsimmons and Rogers, made a similar decision (E.) These decisions seem to correspond with the opinions of all the older lawyers, who were cotemporary with those times, and are familiar with the manner in which the people then understood the matter, which makes their opinions peculiarly valuable. The Spanish laws consist of positive codes, expressly prepared by the proper authority of the government of Spain, and promulgated by ordinances in a similar manner to the revised statutes of Missouri, which makes those codes come as strictly within the definition of the term laws, as legislative enactments do; because, the term ordinance, and the term statute, when applied to legal matters, are synonymous rn meaning, and both are included alike in the term law. Now, if the Spanish laws had consisted of the customs and usages of the nation, collected together in large volumes by learned writers, without authority, like the writings of Coke, Blackstone and Bacon, the customs so collected, although having the force of laws, might not be construed to come within the popular meaning of the term laws, as used by the territorial legislature in 1816; but the Spanish codes are in effect positive legislative ordinances, and therefore, can not by any plausible process of reasoning, be excluded from coming within the term laws, as used in the act of 1816. We are, therefore, of the opinion that the above decisions and opinions on this subject are strictly correct. And as there was no more legislation on this subject, until the act of the legislature of February the 12th, 1825, which went into operation on the 4th of July following, we may safely come to the conclusion, that the main body of the Spanish law continued in full force, until the 4th of July, 1825, when the revised statutes of that year went into operation, which made the English common law the rule of decision, except so far as the same was inconsistent with the statute laws of the State. The legislature seems to have been aware of the great inconvenience to the people, of suddenly abolishing one system of laws, and of substituting another widely different, in its stead, and so worded the act of 1816, as to create a gradual introduction of the English common law, which nicely prepared the way for the entire abolition of the Spanish law in 1825, without any public inconvenience. In this, they acted with that abundance of good sense, which was so characteristic of the public men of Missouri in those times. Then, any one will on a moment's reflection perceive, that at least one-. fourth in value, if not one-third of the real estate in Missouri is affected by the Spanish laws: because, the titles to at least one-fourth in value, if not more, of

(k.) See the argument of Mr. Geyer, 12 Peters 782, in the case of Strother vs. Lucas.

the real estate originated during the existence of these laws. Therefore, it is highly necessary for the practicing lawyer, and the judge, to obtain at least a substantial general knowledge of the Spanish laws, in order to conduct land suits properly, and to do justice to the parties in ascertaining their rights.

The public records of those times show, that no lands were granted, conceded, distributed or otherwise disposed of in Missouri until the year 1766; and consequently, there are no land titles in the State, that originated before that time. Although Ste. Genevieve and St. Louis were both settled, as we have shown, yet until the year 1766, no one pretended to own any real property.

From 1766 to 1770, the lands in this State were granted by Louis St. Ange de Belle Rive, a French Commandant. All these grants have been expressly decided to be void: (1) because, the French authority ceased on the publication of the treaty of 1762, and St. Ange, during this period, had no authority whatever from the Spanish government. All these grants were, however, overhauled, and surveyed, and on the 23d of May, 1772, recognised by the regular, and proper agent of Spain. (m) Then, in a legal point of view, no land titles in this State can be dated any further back than 1772; because, they cannot be called titles at all until recognised by the proper authority.

We have now shown, that the French laws were abolished on the 26th of November, 1769, and that no land titles were granted by the proper authority until May 23d, 1772, which sufficiently proves, that no land titles originated during the existence of the French laws: therefore, a knowledge of the French laws, is not necessary, in order to understand the old land titles in Missouri.

(1.) See all about this matter in Wright's admr. vs. Thomas, 4 Mo, Rep. 677; 5 Martin's Rep. 35; 6 Peters 747, 763, 727; 4 Martin's Rep. 213; 9 Peters 742, 133, 137. (m.) Strother vs. Lucas 12 Peters 410; 4 Mo. Rep. 577.

ART. IV.-CLAYS AND MINERALS OF MISSOURI.

We are much pleased to find that our call for facts, in relation to the varied resources of the country, has been noticed by the readers of the Western Journal, but we are more gratified still, that some of them are begining to look around for the purpose of collecting and publishing many valuable facts, which have long remained unknown to the public, at least beyond their immediate neighborhood.

If the people of Missouri desire to attract capital and skill to this State, they must show how the one can be advantageously invested, and the other profitably employed. There would be sufficient capital and enterprise found to develop all the resources of the country, if the objects of investment were generally and extensively made known; and he may well be considered a benefactor, who by making known the natural wealth and advantages of the State, shall be instru mental in their development,

There is, perhaps, no article which enters so largely into the consumption of the people of the west, upon which the cost and charges incident to importation are as great as upon pottery and queensware; and there is no other country, perhaps, where the manufacture of these articles would be so completely protected against foreign competition, as it would be here. We consider the kaolin and other plastic clays of Southern Missouri, as constituting one of our important sources of wealth, and feel confident that the time is not far distant when Missouri will supply a large portion of the queensware, and other articles of pottery required, for the consumption of the west; and next to coal and iron, the materials suitable for the manufacture of queensware, china and glass may be considered the most important mineral products of this State.

The following communication from F. WOOLFORD, Esq., of Caledonia, shows that kaolin is abundant, and extensively distributed in Southern Missouri:

Messrs. Editors: Having noticed your desire to collect facts connected with the mineral resources of the State, I have undertaken to give a description of the kaolin, and the plastic, or pipe clays of Washington and the adjoining counties, so far as they have come within the range of my observation. Among the many locations where these clays are found, I will mention the following:

There is a bed of pipe clay near the Mammoth Lead Mine, on Big River; it is white in appearance, and polishes with the pressure of the fingers; it emits a strong odour when breathed upon, and contains some iron in the form of protoxide, which would render it unfit for the manufacture of a good pottery. Pipe clay has also been discovered in the Richwoods, about ten miles west of the Mammoth Lead Mine; it is a bluish white, less plastic than that just mentioned, polishes with the pressure of the fingers, and emits a very little odour when breathed upon. It becomes very white in the porcelain kiln, and is tolerably well adapted to the manufacture of Liverpool or delf ware. It is, however, subject to the considerable imperfection of crazing, a technical term used by potters, which denotes the cracking of the glaze. This renders it unfit for the manufacture of a good substantial article of fine stone ware.

This is a bluish white

The next location is about nine miles from Caledonia. clay, and contains a greater number of good qualities than either of those mentioned, and being free from iron, it becomes exceedingly white in the porcelain kiln. It forms a very solid quality of ware, and is capable of being advantageously combined with a greater quantity of silicious earth, or powdered flints, than either of the first mentioned specimens. This is a desirable quality because the greater the portion of silex that is used, the whiter will be the ware. This clay is well adapted to the manufacture of granite or common wares.

I have discovered porcelain clay, or kaolin earth, in three different locations in Washington county; these are all similar in quality, and differ very little in thetr external appearance. They are very white, and possess very characteristic properties; are friable in the hand, meagre to the touch, and difficult to form into

paste with water.

These kaolins contain very little mica; they remain very white, and retain their color unaltered in the greatest heat I could expose them to. On the south side of the Ozark Mountains, there are large deposites of this mineral. It is found there in every state of decomposition, among the felspar rocks, which are the leading rocks of these mountains.

Kaolin clay is found in Ste. Genevieve county, fourteen miles from the Mississippi river and fifty miles below St. Louis. It has a slight yellow color. This kaolin is more unctious to the touch, and more micorus than the clays of Washington county; it remains unaltered in the porcelain kiln, except in color, and becomes very white; it is also adapted to the manutacture of porcelain. In the neighborhood of this kaolin, there are large blocks of graphic granite, and this clay is found in the seams or partings between the rocks. Granite is the leading rock of that country. Near the kaolin are also found large blocks of glassy felspar, which is mostly of a flesh color, but some nearly white. It is well adapted to the manufacture of bodies and glazes of porcelain ware.

I have also recently discovered a kind of mineral which resembles a pot-stoneor meerschaum. Some specimens have been analyzed, and found to contain two parts of very fine silex, and one of alumine, one atom of iron, and a small portion of magnesia. Its external appearance is of a light yellow color; it emits no odour when breathed upon; when immersed in water, it falls down quickly into powder, and becomes a beautiful deep yellow. It stands the heat of the porcelain kiln without any contraction in its bulk, and becomes a beautiful light rose red; but when mixed with twelve per cent. of felspar, it becomes very white and fine grained, and is as hard as the French china, possesses considerable transparency, and admits of a shining glaze. There are large blocks of glassy felspar near Caledonia, of a flesh color and some nearly white; it contains at least from six to eight per cent. of potash, and is well adapted to the manufacture of pottery glazes. Here is also a bluish white flint, nearly pure silex. It is well adapted to the formation of bodies and glazes of pottery. In the vicinity of Caledonia there is a bed of fire clay, well adapted to the manufacture of fire bricks, and the formation of saggers for baking china.

Here are, also large beds of grey marl, but it is impregnated with lime and iron, which renders it unfit for fire bricks, pottery, saggers, &c.

I could also say something about manganese ore, black wad, &c., but as these do not come under the head of clays, I shall desist. F. WOOLFORD.

CALEDONIA, Washington County, March 4, 1848.

ART. V.--MANUFACTURE OF WOOL IN UTICA, NEW YORK.

Every well wisher of his country should read the following interesting article which we find in the Utica Herald. It shows the potency of diversity of employment.-Eds.