And yet another important question is, whether this proposed code is intended to be confined to the common law strictly so called, or will embrace also the Law Merchant and the Civil Law, or such parts of them only as are now received as a part of the law of the State.

It is only now about one hundred years since, under the lead of Lord Mansfield, the Law Merchant, as it had obtained for centuries in the commercial States of Europe, was introduced into and engrafted upon the prevailing law in England. The law as thus improved was at our Revolution made the law of our land. But Lord Mansfield did not bring in the whole of the Law Merchant, and since his day, both in England and in this country, more and more of it has been adopted as parts of the prevailing system. So it has been in England and in this country, that within the same period other portions of the Civil Law have been introduced into our existing law. Now the questions are, Does the proposed code embrace the whole of the Law Merchant and the Civil Law, or only such parts of them as have been already adopted by us? And if only the latter, does the code mean to arrest this prevailing practice of drawing upon the wisdom of the Civil Law for our rules of action? If such is the purpose or such will be its effect, then it would seem to be of questionable propriety to shut our vast and growing interests off, from the advantage of seeking for aid in the knowledge and experience of many ages. If such is not the purpose, then the code will necessarily be shorn of much of its intended permanency and certainty, by the continuance of the practice of incorporating into our system other rules of the civil law. It is not easy to say how this is: for the code includes the Law of Insurance, the whole of which is taken from the Civil Law. Yet in the Law of Sales of Chattels, the common law rule of Caveat Emptor is preserved. The Civil Law says that a sound price means a sound article. The Common Laws says No, let the purchaser look out for himself. And he has no remedy for latent defects, however much they may impair the value of the thing bought, unless he has taken a warranty or has been actually defrauded. This code not only adopts this very unjust rule of the common law, but actually makes it worse by means of its proposed enactment that no warranty shall be implied, thus stopping the progress of our courts toward the adoption of the honester rule of the two. These instances are illustrations only of the difficulty of the task undertaken, and of the importance of the question asked in this regard.

These objections may seem trivial, but they are not, because they show a tendency to unsettle the law where it has been the work of centuries to render it certain.

But be this as it may, this effort will be memorable as the first attempt to codify the whole body of the common law, and subject it to a

process to which the civil law has been once and again subjected, with undoubted profit and advantage to the peoples among whom it has been attempted. Whether this effort also will be beneficial, must depend on how far there will be preserved that elasticity which has hitherto enabled the common law to keep pace with advancing freedom and civilization among men.

Following in the track of New York, the British Province of Canada has aimed at codification of its law. The codification of the body of the law has been completed by the commissioners appointed for that purpose, and their report will soon be presented to the Colonial Legislature for its consideration. The code of civil procedure has not yet been completed, and though in an advanced state, is not yet ready for legislative action.

COGSWELL, MASON FITCH, M. D., an eminent physician and medical writer, born at Hartford, Conn., November 10, 1809, died in Albany, January 21, 1865. He was the son of Dr. M. F. Cogswell, formerly a prominent phy sician and surgeon in Hartford; graduated at Yale College, and subsequently entered the office of Dr. Alexander Stevens, of New York, with whom he remained as a private student until the year 1832, when he received his degree from the College of Physicians and Surgeons of New York. In 1833 he commenced practice in Albany, and gradually, with the increase of years and the growth of experience, rose to the first rank of his profession. He was for a long time one of the physicians of the City Hospital. On the breaking out of the war he was appointed examining surgeon at this post, many thousand volunteers passing under his supervision. He was subsequently surgeon of the Post Hospital, assistant surgeon of the United States Hospital, and, at the time of his decease, had been nominated surgeon.

In 1862, during the Peninsular campaign, he was active in organizing a field hospital at the White House in Virginia, and the exposure and arduous labors incident to that work led to serious inroads upon his health. In February, 1863, with Dr. Thomas Hun, he was appointed, under the direction of the Sanitary Commission, to inspect the Western hospitals, and the duty was performed with efficiency and thoroughness.

Dr. Cogswell's public and professional career was eminently characterized by a strong sense of duty, strict integrity, and untiring self-devotion. He was animated, always, by the purest and noblest impulses, guided by reason and principle. He carried his heart with him to the bedside, and, whilst alleviating suffering by his skill, solaced the patient with his gentle kindness and sympathy. His loyalty to his country seemed to be infused into his care for the sick and wounded soldiers, and imparted warmth and earnestness to his hospital labors.

COLLAMER, Hon. JACOB, LL.D., U. S. Senator from Vermont, born in Troy, N. Y., in

to b

1792, died at Woodstock, Vt., Nov. 9, 1865. In childhood he removed to Burlington, and was graduated at the University of Vermont In 1810. He studied law at St. Albans, and was admitted to practice at that place in 1812, after which he made the frontier campaign as a lieutenant of artillery in the detached militia in the United States service. He accomplished his course of preparatory collegiate and professional studies without any other pecuniary means than such as his own industry supplied. Until 1833 he practised law in Washington, Orange, and Windsor Counties, commencing at Barre. In 1821, 1822, 1827, 1828, he represented the town of Royalton in the General Assembly. In 1833 he was elected an Associate Justice of the Supreme Court of Vermont, and was continued on the bench until 1842, when he declined a reelection. In 1843 he was chosen to represent the Second District in Congress, was reelected in 1844 and 1846, but in 1848 declined to be again a candidate. In March, 1849, he was appointed Postmaster-General by President Taylor, but on the death of the President, he, with the entire cabinet, resigned. He was soon afterwards made Supreme Judge of his own State, holding that office until 1854, when he was chosen United States Senator, which office he filled up to the time of his death.

He served as Chairman of the Committee on Post-offices and Post-roads, and also of that on the Library, and as a member of other important committees. Judge Collamer was a man of clear and acute intellect, and of great integrity of character. His principles of political action were well defined, and were held with great tenacity; they were the result of his own independent reflection, rather than of party relations, and though not pressed with any thing like undue obstinacy, were never yielded to considerations of mere expediency. He was a sturdy advocate of freedom and human rights, and a devoted lover of the Federal Constitution. He received the degree of LL.D. from the University of Vermont, and from Dartmouth College, New Hampshire.

COLOMBIA, UNITED STATES OF, a republic in South America, President (April 1, 1864, to April 1, 1866), Dr. Manuel Murillo. Ministry: Valenzuda (Interior); Cuenca (Finances); Santiago Perez (Exterior); War and Navy, Gen. Valerio Barriga. The President is elected by an absolute majority of the States; a direct vote of the people is given at the election. The Senate consists of 27 members, 3 for each of the States. The number of the Chamber of Representatives is at the rate of one representative for every 50,000 inhabitants, and every fraction not less than 20,000. Minister of the United States near the Government of Colombia, Allan A. Burton (appointed May 21, 1861); Colombian Minister at Washington, Gen. Eustagio Salgar (reappointed in 1865). The area amounts to 480,800 square miles. The population of the nine States composing the republic is about

as follows:

restored.

At the election held for President, General Tomas C. de Mosquera was chosen, receiving the votes of seven States. In the State of Panama, nearly all the votes were cast for General José H. Lopez, and the State of Antioquia voted for Señor Pedro José Berrio.

Both the Government and the people of the United States of Colombia continue to express in the strongest terms their sympathy with the republicans of Mexico and the governments of Chili and Peru in their struggle against European aggression. The Legislature of the State of Boyaca adopted the following resolution unanimously:

The Legislative Assembly of the Sovereign State of Boyaca, has heard with grief and indignation the news of more insidious and tyrannical measures on the part of Spain, the old enemy of America, who is now threatening Chili; this Assembly prays Providence so to guide the policy of the National Government of Colombia, that in the event of another conflict impending over the Continent of Columbus, her conduct may be essentially dignified, energetic, and American.

Similar resolutions passed the Legislatures of other States.

A law passed by the Colombian Congress on April 19, 1865, concerning the civil rights of foreign residents, called forth an immediate protest from the English and French Ministers as conflicting with the rights of foreigners residing or passing through the country. The Minister of the United States referred the matter to the Home Government, which, in consideration of the great American interests at stake, and especially on the Isthmus, protested also against the law, as shown by the following

extract from his communication, dated Bogota, November 22, 1865:

The undersigned has received orders from his Gov. ernment to represent to that of Colombia that the United States of America cannot consider this new law as having any force or obligation which affects their citizens, in any case when said law may contravene the existing treaties or international law.

The undersigned, obeying the imperious demand of that frank straightforwardness which always ought to characterize the intercourse between friendly nations, holds it to be his duty to represent to the Colombian Government, besides: that the Government of the United States of America finds itself obliged to retain the hope that the citizens of either of the two republics, within the territories that are subject to the jurisdiction of the other, be they passing through or residing in it, are respectively entitled to real, effective, and prompt reparation for all injuries done there to their rights in contravention of the stipulations of the existing treaties between the two countries, or of modern international usages; and as the Government of the United States acknowledges its just obligation to make such reparation to Colombian citizens, whenever such injuries should unexpectedly be done to them, in the same manner it hopes, and will insist upon, that equal justice be done to its own citizens, when their rights have been or may be so violated.

As the correspondence which formerly had taken place about this matter between the Department of your Excellency and this Legation, has been made public, it behooves the Government of your Excel. lency to decide if the interests of their respective countries will be served by giving publicity also to the present note.

The undersigned avails himself of this occasion to renew to your Excellency the assurances of his distinguished consideration. ALLAN A. BURTON. To His Excellency Sr. Santiago Perez, Secretary of Home and Foreign Relations, &c., &c.

The one hundred and fifty miles of telegraph constructed by the American firm of Davidson, Stiles & Woolsey, having been completed to the satisfaction of the Government, the latter party have contracted for four hundred additional miles, which are to be constructed immediately. COLORADO. A territory of the United States, lying between the thirty-seventh and forty-first parallels of north latitude, and the

hundred and second and hundred and ninth degrees of longitude, west from Greenwich, and embracing an area of one hundred and five thousand eight hundred and eighteen square iniles. It is at present divided into seventeen counties, viz.: Arrapahoe, Boulder, Clear Creek, Conejos, Costilla, Douglas, El Paso, Fremont, Gilpin, Huerfano, Jefferson, Lake, Laramie, Park, Pueblo, Summit, and Weld. The capital and the chief town of the territory is Denver, in Arrapahoe County. It was organized as a territory by act of Congress of March 2, 1861, which vested the legislative power in a Governor and Legislative Assembly, to consist of a Council and House of Representatives. The legislature, treasurer, auditor, and superintend ent of schools were authorized to be elected by the people; all other officers, including the judiciary, were to be appointed by the President

of the United States.

In consequence of the great influx of population into Colorado subsequent to the discov

eries of gold in the Rocky Mountain ranges, measures were taken in 1864 to form a State Government, and an enabling act was passed for that purpose at the first session of the thirtyeighth Congress. A convention was called in the territory in the same year, by which a constitution was adopted. The project for obtaining admission into the Union failed, however, by a considerable vote, mainly in consequence of the unpopularity of prominent men connected with it, and no further action was taken in the matter until the succeeding year, when a convention assembled in Denver, August 8, to consider the propriety of forming a State Government and of framing a constitution, to be subsequently submitted to the people for rati fication. On August 12, the convention adopted a constitution, which was voted upon on September 5, with the following result: For the Constitution.... Against the Constitution..

แ

Majority in favor.....

.8,025

.2,870

.155

This instrument gives the right of suffrage to every white male citizen of the age of twentyone years and upward, who is by birth, or has become by naturalization or by treaty, or shall have declared his intention to become a citizen of the United States, according to the laws thereof, and who shall have resided in the State of Colorado for six months next preceding the elec tion, and shall have been a resident ten days of the precinct or election district in which he offers to vote, shall be deemed a qualified elector, and entitled to a vote at the same." Exceptions are made in the case of insane persons, felons, soldiers or sailors in the United States service, and persons refusing to take the oath of allegiance to the United States. Among the miscellaneous provisions of the Constitution was one, submitting to popular vote the question whether the word "white" in the above clause should be stricken out, which was decided in the negative by a majority of three thousand seven hundred and sixteen in a total vote of four thousand six hundred and sixty-eight.

The Constitution further provides that the legislative power of the State shall be vested in a Senate and House of Representatives, to be called the Legislative Assembly; the former to consist of thirteen members, to be elected for two years, and the latter of twenty-six, to be elected annually. The Senate may, ultimately, be increased to thirty-nine, and the house to seventy-eight members. The sessions are to be annual. Members of the Legislative Assembly must be above the age of twenty-one, citizens of the United States, and residents and qualified voters of the districts they are elected to represent. Bills may originate in either House, but may be rejected or amended by the other. The Legislature is required at its first session to provide for a census, to be taken be tween January and July, 1866, and every six years thereafter, and which shall form the basis of a new apportionment of senators and repre

ganization to the President of the United States, asking his influence in favor of the early admission of the State into the Union. This the President declined to do, but submitted the whole matter to Congress, as will appear by the following communication:

I transmit herewith a communication addressed to me by Messrs. John Evans and J. B. Chaffee as United States Senators elect from the State of Colorado, together with the accompanying documents. Under the authority of the act of Congress, approved the 21st day of March, 1864, the people of Colorado through a convention formed a constitution making provision for a State Government, which, when submitted to the qualified voters of the Territory, was rejected. In the Summer of 1865, a second convention was called by the Executive Committees of the several political parties in the Territory, which assembled at Denver on the 8th day of August. On the 12th of that month, this convention adopted a State Constitution, which was submitted to the people on the 5th of September, 1865, and ratified by a majority of 155 of the qualified voters. The proceedings in the second instance having differed in time and mode from those specified in the Act of March, 1864, I have declined to issue the proclamation for which provision is made in the fifth section of the law, and therefore submit the question for the consultation and further action of Congress.

(Signed)

ANDREW JOHNSON. WASHINGTON, D. C., Jan. 12, 1866.

This document was referred to the Senate Committee on Territories, which, on January 18th, reported a bill for the admission of Colorado into the Union, under the Constitution adopted by her people.

The population of Colorado, according to the census of 1860, was thirty-four thousand two hundred and seventy-seven, besides from six to eight thousand tribal Indians, principally Arrapahoes and Utes. During 1860 and 1861 the influx of emigrants, led thither by reports of the abundance and richness of the gold and silver mines among the mountains, was such as to increase the population to upward of sixty thousand. The operations of this class of min ers being for the most part individual and confined to surface working, the superficial deposits of the precious metals were soon exhausted, or at least did not prove sufficiently remunerative to the restless adventurers who worked them. At the same time came reports of discoveries of rich deposits of gold in the new Territories of Montana and Idaho, under the influence of which nearly the whole of the floating population, which had built up Colorado so rapidly, moved northward to the new diggings. The result has been that the population in 1865 was estimated at several thousand less than in 1860. Other causes have, however, contributed to this result, among which may be mentioned the obstacles to emigration, created by the recent hostilities and depredations of the neighboring Indian tribes, and the high prices of labor and the necessities of life, and also the necessity of a large capital for the profitable working of the mines.

The mineral wealth of the country is nevertheless almost incalculable; and, even under favorable circumstances, it is probable that

many years will elapse before the veins of gold silver, copper, iron, and coal, with which the mountain regions abound, can be properly worked. The surface working, or "gulch mining," as it is called, bas for some time ceased to be profitable, and the chief attention is now given to solid mining, which, for the reasons above enumerated, and also on account of the expensive machinery required, and the difficulty of separating a fair percentage of the precious metals from the ore, has for the last two years been prosecuted with comparatively little activity. Probably not more than twenty-five of the hundred stamp mills in the Territory were in operation during 1865. When expenses return to the currency standard, and travel to Colorado becomes safe, and when the experiments now making to give increased productiveness to smelting the ores are completed, the business will undoubtedly become profitable and be actively resumed. Meanwhile the population now resident in the territory is a permanent and industrious one, and forms a nucleus well adapted for building up a prosperous commonwealth. The principal centre of the mining business at present is situated a little to the north and west of Denver, along and up Clear Creek, and around the towns of Blackhawk, Central City, and Nevada. The second centre, which, however, is now very imperfectly de veloped, is near what is called the South Park a beautiful table land of prairie and wood about fifty miles south of Denver. For actual production of the precious metals, Colorado ranks second only to California. No accurate statistics exist as to the value of the amount produced by her mines, but the most trust worthy data show that it is not far from twenty five millions.

The year 1865 was a disastrous one to th agricultural interests of Colorado. In conse quence of the difficulty of obtaining food, an particularly grain and vegetables from the East a larger breadth of land was planted than dur ing any preceding year. The uplands wer found to be even more fertile than the bottor lands, and for the purpose of obviating the il effects of the long dry seasons to which the re gion is liable, preparations were made at gres expense to irrigate thousands of acres. Th rains proved unusually abundant, and ever thing indicated a season of plenty, when th country was visited by immense swarms o grasshoppers, which devoured almost ever growing thing. Only a few fields of grain an potatoes escaped their ravages, but not enoug of any species of crops was raised to affect t price of imported grain or vegetables. Th visitation is, however, regarded as only an e ceptional occurrence, and with proper irrig tion, which is about to be widely introduced, is anticipated that the profits of farming w hereafter be large. As a sheep-raising countr the mountain region is known to offer gre advantages.

Two important undertakings were commenc