the other with an ulcer in his leg. They intreated, facts themselves. Those questions are 1st. Whe the lord mayor to relieve their distress either by or-ther the merchandize was owned exclusively by cidering them to receive paronchial assistance, or to tizens of the United States at the time of shipment? be admitted into an hospital. His lordship demand- 2d. Whether the purchase was made prior to the ed why they did not apply to the American consul? time when the war was known at the place of purto which they replied, they had made repeated ap-chase? he evidence on both points may in many plications, but were refused relief on the ground, cases be direct and conclusive, leaving no doubt on that, although they were acknowledged to be Ame the subject. In other instances doubts and difficulties rican citizens, they had served on board British may arise respecting the alleged exclusive proper. ships of war, and that as their distress had arisen ty of American citizens, and what may be considersubsequent to their being engaged in our service, he ed as the completion and date of the purchase. Not would not listen to their having any claim for re-only is it necessary in those doubtful cases that the lief from the government of their native country. truth of the facts should be tested by interrogatories The men stated they had in vain represented to the and a strict investigation; but in order to fulfil the consul that they had been impressed into the British law the secretary of the treasury must be enabled to service in the present instance, however, they wa-certify that the facts are proved to his satisfaction. ved this plea, and begged to inform his lordship For that purpose, and in order to prevent the delays that they had been wounded in the service of arising from an investigation of the facts at the trea Great Britain, and could produce testimonials to sury, in numerous cases which do not require it, that effect. The lord mayor ordered them to be and also to insure uniformity in the mode of proceed taken to St. Thomas' Hospital for the present, or ings, the following rules have been adopted, and until they were sufficiently recovered to be able to are communicated for your information and that of find employment by going to sea. His lordship la-the parties concerned. mented that so many applicants of this description had come before him of late, whom it was impossible on his part to provide for, there being not less than 1000 of them now in England. 1. In the cases where the district attorney will state in writing "that he has no cause to show a gainst the remission," and where the judge will certify either generally or by reference to the terms of the law, that the case is embraced by the provisions of the statute, the fines, penalties and forfeit Cotton imported into Liverpool. ures will be remitted without further enquiry, un For the year ending December 31, 1812. BAGS AND BALES. 80,045 61,562 2,882 less the collector interested in the forfeitures should have filed specific objections, in writing, to be annexed to the petition. 2. In the cases where the district attorney shall not have stated that he has no cause to shew, or 18,616 where the judge will not think proper to certify 2,826 bags less than for the year 1811-Decrease of imports from the United States, compared with the preceeding year, 17,639 bags or bales. Increase from Portugal and Brazil, for the year, 15,047. Merchants' Bonds. 3. The principal facts to be thus proved and certified are, the date and substance of the orders of the American merchants, of the purchases made by the correspondents or agents in the dominions of Great Britain, of the answers of those correspondents or agents, of the bills of lading and of the invoices. All these appear requisite in doubtful cases; but it is not intended to exclude any other evidence adduced in support of the allegations, or appearing to disprove them. Treasury Department, February 16, 1813. SIR-The acts passed during the present session of congress, which direct the secretary of the treaIn order to hasten and facilitate the examination sury to remit the fines, penalties and forfeitures incurred by reason of illegal importation from the do- of documents, and of oral evidence, and the critiminions of Great Britain, in certain cases defined by cal investigation necessary in some cases, I would those acts, have imposed on the treasury the duty of suggest the propriety of submitting to the judge deciding whether the cases, on which applications the appointment of one or more persons to assist may be made, are or are not embraced by the acts. you, and the allowance of a moderate fee in such If the secretary is of opinion that a case is thus em- case, to be assessed as part of the costs, whether braced, he has no discretion, but is bound to remit. those costs shall become payable by the parties nc> If he is not satisfied that the case is thus embraced, cording to the terms of remission, or from the prohe cannot remit by virtue of those acts, but may, ceeds of their forfeiture when not remitted. according to the circumstances of the case, remit It is proper to observe that with respect to vesor mitigate ou application made in the manner pre-sels, their forfeiture is emitted under the act of scribed by the general law. this session, only in cases where the whole of the This The time of departure of the vessels can always cargo is entitled to the benefit of those acts. be ascertained by official papers, and presents no is mentioned in order to prevent unnecessary exdifficulty. The certificate of the district judge will pence and delay; as in those cases where any para always be considered as conclusive evidence of that cel of merchandize on board the vessel, is not eme fact. But there are two questions on which the state-braced by the provisions of the act, it does not ap ment of the judge, if expressed in a general man-pear that the owners of such vessel can obtain rener, would be rather the evidence of his opinion as lief otherwise than by application under, and in thê deduced from the facts proved to him than of the manner prescribed by the general law. I have the honor, to be, respectfully, sir, your frigate. He was interred on Thursday last at Charles obedient servant. ALBERT GALLATIN. The Attorney of the U. S. for the district of THE CHRONICLE. town-his funeral was attended by a lieutenant, eight midshipmen, all the petty officers, and fifty seanie of the ship, and the ceremonies were performed be the chaplain in a manner highly solemn and impre sive. Centinel. Bank of America-A bill has lately passed in the tution, at sea, 28th Jan. of wounds received in the Died, on board the United States' frigate Consti senate of New-York, reducing the bonus to be paid action with the JAVA, lieut. JOHN CUSHING AYLWIN, into the common school fund by the Bank of Ameri- of the U. S. navy. He entered the service about ca, from $600,000 to $100,000-the capital of the time war was declared, as a sailing-master, and the bank from six to four millions of dollars-and was promoted to a lieutenant for his gallant conduct to release the obligations of the company to loan in the action with the Guerriere. He was an officer the state one million of dollars at five per cent. inof great merit, much esteemed by all who had the terest. What a fail ng off! A person was lately executed in South Carolina pleasure of his acquaintance. In him his country has suffered a great loss. He had seen much of the for stealing negro slaves and horses. This unfor- world, and improved his opportunities of observatunate man was unable to support his extravagan- tion-possessed a strong mind, with much benevocies by his own honest resources. It was necessary lence of disposition. for him to abandon them, or prey upon his neighIn the action with the Guerriere, he stood on an bors. Ile preferred the latter, and paid the forfeit elevated situation by the side of his brave comrades, of the law. But he was less impudent than the MORRIS and BUSH, at the time the two vessels came friends of the great man-stealer, the British goin contact, and was wounded in the left shoulder by vernment-he did not pretend that he took them in a musket ball. In the late action he commanded mistake. He honestly agreed that he "wanted them the forecastle division, and his deliberate bravery, It is an undoubted fact that the French in the late him the admiration of his commander and all whe and marked coolness throughout the contest, gained campaign in Russia, suffered beyond precedent,from had an opportunity of witnessing it. When boardthe united effects of the climate, the want of supers were called to repel boarders, he mounted the plies, and the great activity of the opposing force. quarter-deck hammock-cloths, and in the act of But it is really amusing to look over the many bul-firing his pistols at the enemy, he received a ball letins, proclamations, despatches, &c. &c. with through the same shoulder. Notwithstanding the which the papers have teemed, in which lord CATH serious nature of his wound, he continued at his CART (the British minister in Russia) makes such a post until the enemy struck. A few days after the conspicuous figure. Some person has taken the action, although laboring under considerable debilitrouble to add up and make a general aggregate of the whole loss of the French, as stated in these and repaired to quarters, when an engagement was ty, and the most excruciating pain, he left his bed several papers; from which it seems that the expected with a ship which afterwards proved to be French lost 4,673,048 men, in killed, wounded and the Hornet. He bore his pain with great and unu prisoners, from August 14 to Dec. 31, 1812, with sual fortitude, and expired without a groan. 27,770 pieces of artillery. and must have them." [Boston Chron. Washington's Monument. ELBRIDGE GEREY, esq. was inaugurated Vice-President of the United States, at his seat in Cambridge, on the 4th inst. A certified copy of the proceedings of the Senate being exhibited, by which it appeared that he was duly elected, Judge Davis administer- The board of managers of the Washington Monued the oath of office and the Marshall made proclament Lottery, offer a premium of Five Hundred Dolmation accordingly, which was followed by a national lars, for the best design, model or plan for a Monusalute from a company of artillery. Among the dis- ment to the memory of General Washington (protinguished persons present were commodores Rod-posed to be erected in this city) accompanied by an gers and Bainbridge, and captains Hull and Smith, of estimate of the cost of its execution not exceeding The navy, general Boyd, William Grey, esq. judges one hundred thousand dollars; such design, mode), Dana and Adams, &c. &c. and the late president of for plan to be submitted to the board on or before the United States, John Adams. the 1st January next, in a scaled packet or package The governor of North Carolina has issued his pro-addressed to Mr. Eli Simkins, secretary to the manclamation to hold an election for congressional re-agers; and on the first day of May following, the presentatives, on Friday the 30th of April next; as board will adjudge the premium. by law he was invested with the power to do. It may be proper to mention, that the Monument, Dien at Boston, on the 3d of Feb. on board the whether sculptural, architectural, or both, is in frigate President, Godfrey Her, seaman, aged 47.- tended to be placed in the centre of a square 300 The deceased was a native of Rhode-Island, and was feet long and 140 feet wide, crossed in its length one of the numerous instances of impressment, by a principal street. The whole space appropriat which has been the cause of complaint against the ed for it is about 65 feet square. English. He was taken from on board an American The sculptors, architects and other artists of Eur merchant ship, and though he never voluntarily en-rope, are invited to enter into a competition for the tered their service, he was detained from his country premium now offered-but it is hoped that the and his friends fourteen years, during which time American artists will evince by their productions, be was present at seventeen engagements and gained that there will be no occasion to resort to any other the reputation of a good seaman, and a brave man. country for a monument to the memory of their il He at length found means to escape, and on his re-lustrious fellow-citizen. turn to the United States he immediately shipped on Those furnishing designs, models or plans, and " board the President, where he continued until his disposed to contract for their execution, will please decease-his conduct receiving the marked approbato signify their intention at the same time, tion of his commander and the other officers of the Baltimore, March 1813. No. 4 OF VOL. IV.] BALTIMORE, SATURDAY, MARCH 27, 1813. [WHOLE NO. 82. Hæc olim meminisse juvalit.—VIRGIL. Printed and published by H. NILES, South-st. next door to the Merchants Coffee House, at § 5 per annum TO THE INESTIMABLE, the brave, high-minded, generous and humane AMERICAN SEAMEN: WHO HAVE BORNE COLUMBIA'S FLAG TRIUMPHANT O'er the wide Atlantic deep; And raised up to FAME, a monument, imperishable as Their Native Alleganies. Who have exalted their country to the pinnacle of Glory. And aveng'd their gallant brothers kidnapp'd by the unfeeling and remorseleɛz fes, WHO HAVE CARRIED TERROR Into the cold heart of the MANSTEALER, and prostrate laid his haughty notions; With CHAUNCY, ELLIOTT, WOOLSEY, on the Lakes, And the much lamented dead, the untimely slain, the valiant BUSH and AYLWIN; Shouting for Victory! And the nameless brave, of all conditions, that, unparallel'd, by “EANNON LAW," black, bold and terrible-have vindicated and maintain'd, by mighty deeds upon the sea, FREE TRADE & SAILOR'S RIGHTS;' And brought down the bloody cross, a grateful offering at the Eagle's feet SHEWING THE WONDERING WORLD That first in honest peace, Columbia, also, is the first in open war: Who have withdrawn the veil from British domination, and exhibited FATE's finger pointing to the time (not distant> When on the lowering mast the bold Bald Eagle gloriously shall ride, În forest deep, she built her nest, and rear'd her tender young, harmless and unoffending : AND DEMANDING, IMPERATIVE AND LOUD AND IRRESISTABLE Peace to a troubled World! And to the desperate daring spirits that, in private armed vessels, have swept the coasts of either hemisphere-certain as death, pouncing upon the foe; Returned with spoil RE-CLAIM'D: to their own profit, their country's benefit and enemy's distress, Leading to Justice through Suffering; Legislature of Pennsylvania. Governor's objections to the bill entitled "An act to establish a general system of banking." To the Senate and House of Representatives for many months has been offered, or will be offered during the continuance of the war in which we are engaged; and therefore the establishment of 25 new banks, dispersed all over the state, with a capital of $9,525,000, would, by the readiness to give credit, of the Commonwealth of Pennsylvania. invite to visionary speculations; divert men from Nothing less than the most perfect conviction of useful pursuits; damp the ardor of industrious en my understanding and the strongest urgings of duty terprise and consequently demo alise the community. could induce me to return for re-consideration, a Fifth. Because as banks are multiplied, so will be bili presented to me by the legislature of Pennsylva-increased the difficulty of distinguishing real from nia with whom it has been my happiness to act in counterfeit bank notes; thus facilitating the means unison, and with whom even to differ in opinion gives of imposition upon the ignorant, and unwary, and by me pain. I have, with an anxiety proportioned to the hope of impunity, tempting more to join in comits importance and with the deference justly due to mitting the crines, already too prevalent, of counthe constituted authorities which have passed it, read terfeiting and passing counterfeit notes. At present and carefully examined, the provisions, tendencies, the variety of designs and signatures to our bank and probable consequences, of the bill entitled "An notes are not so diversified, but what an attentive act to establish a general system of banking" and observer may, with tolerable certainty, discriminate cannot approve of it; I have accordingly directed between a genuine and a counterfeit bank note; but the secretary of the commonwealth, to return it to if 25 new institutions be privileged to issue paper the house of representatives where it originated, with money, each one selecting its own device, mode of the following objections: execution, kind of paper on which it shall be printFirst. Because, corporations are privileged or-ed, and each having its own officers to sign and counders, vested with certain rights and immunities, not tersign them, how almost impossible will it be, for enjoyed, nor, without penalties, to be exercised by our citizens to know when a piece of paper purportthe great body of the people. And whenever an as-ing the be worth five, ten or one hundred dollars, be sociation of individuals are legally vested with such in fact worth any of those sums,or not worth one cent. peculiar powers and privileges, it ought to be either Sixth. Because, although petitions have been precalled for by the general voice of the people, or be sented, asking the incorporation of banks in some so manifestly for the promotion of the public weal, counties of the state, yet upon enquiry I have not and beyond the accomplishment of individual enter-learned that any application for the establishment of prize and ability, as to satisfy the judgments, and a system so novel and extensive, has been made to thus secure the votes of an indisputable majority of the legislature; nor has this want of expression of the whole legislative assembly. This objection is the public wishes in favor of such a system been founded on that equality of rights, which is the vital made unequivocal by the votes of the legislature. principle that pervades our constitution, gives it all The bill was carried, as appears from the journals, its excellence, and dispenses the blessings which by a majority of one in each house: in neither branch pre-eminently distinguish the citizens of the United of the legislature had this bill a majority of the whole number of its members. States. Second. Because, every objection which can be Seventh. Because, the history of all nations that urged against corporations generally, gathers weight have authorised an extensive paper currency, and and strength when directed against monied institu- the experience of our own country, have furnished tions; the undue influence of which has often been melancholy examples of the disastrous consequer ces the subject of well founded complaint. To wrestle which flow from such a system. with and put down this influence, new associations Eighth. Because, a time of war is an unpropitious have been formed; applications for new charters for era to try experiments, particularly when those exsimilar establishments have multiplied; and in pro-periments may seriously affect the finances of the portion as they have been granted, has been the commonwealth, which now draws a revenue more multiplication of new applications. These facts ap-than equal to all its current expences, from the ply with peculiar force to the city of Philadelphia, bank stock which it owns in the banks already inwhere those institutions had their origin, in this corporated. country; but should the system be enlarged, as Ninth. Because, under all the circumstances, no contemplated by the bill under consideration, the material injury can result from an arrestation of the evil will overspread the whole state, and it is much bill, until the next session of the legislature; whereto be feared, will taint the purity of elcetions, and as, if it were now to pass into a law, it might proeventually prostrate the equal rights of the people. duce evils not in the power of a subsequent legisla Third. Because, it is questionable whether too ture to correct: because an act incorporating a commuch has not already been done in granting to corpo-pany for the purposes of banking partakes of the rations the privilege to coin money-a money which, nature of a contract, against the impairing of which not answering the purposes of foreign commerce, there is a constitutional prohibition; and because a drains the country of its precious metals, and in their provision wisely introduced into several laws lately lieu substitutes a currency which is without any passed, vesting associated individu: Is with corporate value, except what is stamped by public confidence. powers and exclusive privileges, authorising a subThe granting such an inherent right of sovereignty sequent legislature to repeal and annul such law, if to individuals, avowedly associated to promote their the privileges thereby granted should at any time pecuniary interests, is putting it in their power to prove injurions to the community, happens, very th increase the circulating paper medium of the coun- fortunately, not to have been introduced into this try to such an extent as will result in the deprecia-novel and important bill. At all events, if I am mistion of, or a total want of confidence in bank paper: taken, misinformed, or in error, the representatives events too deplorable not to be deprecated by every of the people, upon a review of the bill, can, if they good citizen. think proper give it effect, independently of exccuFourth. Because the most diligent inquiries, and tive senetion, by such a majority as would unequivɔinformation from the best sources, have satisfied me cally express the public opinion, and desirete it the that the present banking capital of Pennsylvania is law of the land. SIMON SNYDER equal to the discounting all the good paper, which' Harrisburg, March 19, 1813. Law Intelligence. Court of King's Bench-December 22. Before lord Ellenborough and a special Jury, at Guildhall. BENJAFIELD US WHEBLE. his client. From the knowledge which that learned Mediation. [Enquirer. This was an action by which the plaintiff, captain Benjafield, a magistrate of the county of Suffolk, sought to recover from the defendant, the proprietor of the newspaper called the County Chronicle, a ant. compensation, in damages, for a libel published against him in the County Chronicle of the third of March instant. The publication charged to be a libel was in the following words:"Captain Benjafield, We extract from the writings of two distinguishformerly editor of the Morning Post, has ben charged jurists, the following description of the duties ed by his brother magistrates of Bury St. Edmund's, and character of a mediator: with obtaining, during his editorship, an annuity "The first overtures are sometimes made by one from the Prince of Wales for the suppression of ar of the belligerent powers, and sometimes by a net ticles sent to that paper, reflecting on his royal high-tral power, their common friend. The negocia ness and a certain lady; this, Benjafield, for a time,tions also are sometimes opened by the belligerent positively denied; but upon an investigation, with the production of two explanatory letters from earl Powers themselves, and sometimes by a neutral Moira and capt. Cocksedge, the fact was completely power, that interposes its good offices and becomes established. The annuity, it is true, did not appear the court of one of the belligerent powers, or at These negociations are carried on at in the prince's household accounts, but was granted that of a mediator, or else at some other place, through Mr. Weltjie to the late Mr. Tattersall, the named by the parties as the place of assembly for other proprietor of the Morning Post, and from Mr. the congress. Tattersall, and subsequently his executors, Mr. Benjafield has continued to receive the annuity for more! [The mere interposition of good offices differs than twenty years." To every part of the charge, from mediation. The latter supposes the consent of the defendant entered a piea of justification, and on the two parties, and this can only give a right of this issue was joined. assisting at the conferences. The good offices of a neutral may, then, be accepted, and its mediation refused, as did Russia with respect to France, in the war with Sweden. Nor must the mediator be confounded with the arbitrator.] mediator.* The solicitor-general having stated the case on the Mr. Holt, for the defendant, said he should have else they pat them into the hands of the mediator. A letter from Mr. Benjafield himself was then giv-times in the dwelling of the mediator and sometimes .en in evidence, in which he remonstrated against the at that of the ministers alternately; on which occadeduction from the annuity of the amount of the in-sions the precedence is yielded to the mediator."come tax, stating that it was understood that the MARTEN'S LAW OF NATIONS. annuity was to be a clear annuity of £310, free from ail deductions; and that if not made so, he must be under the necessity of applying to a certain illustrious personage, "Mediation, in which a common friend interposes his good offices, is often found effectual, to engage the contending parties to draw towards a reconcili ation, to come to a good understanding, and to The earl of Moira was examined as a witness, and agree, either to relinquish their rights, or if the proved in consequence of an application made to affair relates to an injur, to offer and accept a rea him on the part of Mr. Benjafieli, requesting from sonable satisfaction. This office requires as much his lordship a testimonial as to the fact of no such rectitude as prudence and dexterity. The media annuity being payable to him out of the revenues of tor ought to observe an exact partiality; he should his royal highness; such testimonial being represent-soften reproaches,calm resentments and draw minds ed to him as necessary to do away the effect of cer- towards each other. His duty is to favor what is tain calumnious paragraphs which appeared against right, and to cause to be restored what belongs to him; his lordship did grant to Mr. Benjafield such each: but he ought not scrupulously to insist on testimonial, supposing and believing, at the time, rigorous justice. He is a moderator and a judge; that it was correct. Upon looking more minutely his business is to procure peace; and to bring him into the matter, however, and examining certain who has right on his side, if necessary, to relax documents, bis lordship saw cause to withdraw the something with a view to so great a blessing." testimonial he had given; and accordingly he wrote VATTEL, B. 2, ch. 12. a letter to the bench of magistrates of the county of Suffolk, assembled at Bury St. Edmund's acquainting them with this change. His lordship knew nothing, however, of the cause or causes for the granting such annuity. The solicitor-general, in reply, contended that the justification was in no respect made out. Lord Ellenborough complimented Mr. Holt on the ability with which he had conducted the cause of |