the lost note may, by possibility, be twice charged;, er of it, and the general law of the land declares, that the law will not expose him to that risk, by relieving the asserted owner of it, not because there may be imposition in the case, or because the debt ought not to be paid, but because the proof that the claimant is the real owner of the debt is defective; for it by no means follows, that because the lost note did belong to him that it may not be the property of some other person. A court of law, therefore, will, in such a case, dismiss the party from a forum which has no means of securing the maker of the note against a double charge, and leave him one, where those who ask of it equity, will be compelled to do equity.

other.

if such note or a part of it should be lost or destroyed, the debt shall nevertheless be paid upon satisfactory proof being made of the ownership or loss. Thus sanctioned these notes pass from hard to hand; and if the bank can nevertheless discharge herself from the obligation to pay them, unless both parts of the note be produced, or unless the note be produced entire, (and there is no difference between the two cases,) then the arbitrary declaration of the bank must be stronger than the law. This observation applies with equal force to every other species of contract where one of the parties to it attempts to prescribe to the other the rules of evidence by which alone he will be governed.

The case then, resolves itself very much into a question of jurisdiction. For it is quite clear that the real owner of a debt, the evidence of which is I thought the defendant's counsel seemed unwillost, is entitled to supply the want of the better evi-ling to contend that the bank could go the length of dence, by that which is secondary; and this rule of declaring that they would not pay a lost note or one evidence is the same in equity, as at law. But whe- which had been torn or defaced by accident; but ther the application for relief shall be in the one if the court is correct in their opinion upon the first court or the other, must depend upon the particular point, it follows that the law as much as compels the case, and its fitness for the one jurisdiction or the bank to pay the owner of half a note, where the other half is lost, as to pay in the two cases supposMany difficulties were stated by the defendant's ed; and if so, the right of the bank to prescribe terms counsel, to which the practice of cutting the notes in the one case, if admitted, would be equally valid and transmitting them by mail, exposes banking in- in the others. There can be no difference unless it stitutions, in identifying the part of a note whea pro- be that in the one, the notes were voluntarily cut, duced for payment. That these difficulties do, in a in the other, they were torn by accident; but the measure, exist, must be admitted; but the bank knows owner of the debt being also the owner of the paper there can be but one owner of the note, and who which is the evidence of it, he had a legal right to that one is must be satisfactorily proved, to entitle cut it; and by doing so, he could not impair its oblihim to the payment of it. The bank has a just right gation, unless he intended to do so. In all these cato call for such proof; and if it be truly and faith-ses, the note is cut with a view to the security, not fully given, there can be no risk in paying it. The possessor of the other part of the note, as already observed, by whatever means acquired, can never oblige the bank to pay the money over again to him. But after all, the rule of law does not rest upon these circumstances. The maker of the note is bound to pay to the person who proves himself to be the legal owner of it, and the difficulties complained of are not greater than those which attend most litigated questions. It may not be improper here to observe, that the decision in the case of Bullet vs. the bank of Pennsylvania, did not proceed upon any usage applicable to the case, none such was stated in the case

It

agreed, or alluded to by the court. The next ques-
tion is new; no case like it was cited at the bar, nor
there any within the recollection of the court.
it is, nevertheless, within the range of some general
principles of law, by the light of which, I think, it
may be decided.

The question is, whether it was competent to the bank to notify the holders of her notes, that in case they should be voluntarily cut into parts, she would not pay them, unless all the parts should be brought together.

mean to treat the question as if the notice were brought home to the plaintiffs. It is unnecessary in this case to decide how far parties to a contract may, by possitive stipulations, change the rules of evidence applicable to that particular contract. If they may do so, it must be upon the basis of an agreement assented to by both parties.

But upon what principle is it, that one party to a contract can prescribe terms to absolve himself from the obligation, without the assent of the other? I know of none. If the banks could dictate to the holders of her notes the condition stated in this notice, upon the performance of which, and not otherwise, she would pay them, she might with equal authority prescribe any other condition, and declare in what case she would pay, and in what case she would The note is the evidence of an engagement by the bank to pay a certain sum of money to the bear

not.

the destruction of the debt, by dividing the chances of preserving part of the evidence of it in case the other part should be lost. The defendants do not condemn the practice, even if it could for a moment be admitted that they had a right to do either. That is not the gravamen stated in the notice-it is the production of one of the parts for payment unaccompanied by the othe part. That is the case in which the bank declares she will not pay, and in which the law pronounces sh shall pay.

I am of opinion that judgment should be entered for the plaintiff.

Peters, (justice), delivered his opinion, entirely concurring with that of judge Washington. Judgment for plaintiff for the full amount of the notes.

CHRONICLE.

Long wool. The Monroe Republican, (of Rochester, N. Y.) says, a sample of wool was recently exhibited in that village which measures 17 inches in length. It was taken from the back of a merino buck, raised and owned by W. Wadsworth, esq. of Durham, Conn. which is 4 years old, and has never been sheared.

Money plenty. The commissioners of the Northern Liberties, in Philadelphia, have procured the loan of 10,000 dollars, for which they advertised, to build a market house in Callowhill street, at an interest of five per cent. per annum, with a premium of 3 per cent.

Died-In North Haven, Con. widow Mabel Ives, in the 100th year of her age. She had always enjoyed good health, and was able to walk about 6 weeks before her death, and retained her mental faculties to the last moment.

Major general Thomas Pinckney, having been appoint ed president general of the several branches of the Cincinnati, throughout the United States, has vacated his seat as president of the state society of South Carolina.

PRINTED BY WELBIAM OGDEN NILES, AT THE FRANKLIN PRESS,

WASER-STREET, EAST OF SOUTH-STREET.

THIRD SERIES. No. 22-VOL VI.]

BALTIMORE, JULY 29, 1926. [VOL. XXX. WHOLE NO. 776

THE PAST-THE PRESENT-FOR THE FUTURE.

EDITED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

Our paper is again chiefly given up to matters right; and there cannot exist any legitimate power or of record and reference-though the detailed account authority whatever, save in the provisions of their of the funeral honors paid to the deceased patriarchs, own constitution and the laws, to prevent a free exADAMS and JEFFERSON, at Baltimore, will not fail to ercise of their will, at all times and seasons-being interest all who have not before seen and read it. It responsible only to GoD, themselves and posterimay serve as a fine specimen of what has taken place ty, for acts of sovereignty naturally vested in them. in many other of our principal cities and towns; and, Yet this responsibility is an awful one, and should Indeed, it seems as if in almost every village and ham never be absent from our thoughts when called upon let, at which the wonderful news of their death had to perform the duties of citizens. arrived, the utmost means of the people has been exerted to honor the memory of the illustrious dead-Smith's oration, delivered at Baltimore on the 20th [We intend, as soon as convenient, to insert gen. they who, of all that lived on the 50th anniversary of inst. as being due to the occasion, and to himself---a the independence of their beloved country, had given soldier of the revolution.]

the most powerful "impetus to the ball of revolution"-who, indeed, "when men's souls were tried," never halted in their course or blinked, because that MONEY MAKING. There has been a great "senthe enemies of liberty held up a gallows for them in sation" at New York, in consequence of the failthe dark and dreary perspective. But they were preure of some of the new-fashioned money-manufacserved to behold what their most sanguine wishes turing establishments. The following have suspendhad never fully anticipated; the building up of a nation ed payment-TheLife Insurance company-the Unitdestined "to defy the world in arms"-whose battle-ed States Lombard Insurance-the Franklin manuword, in severest extremity, will be the dying words facturing company-the Hudson Insurance Co.-and of ADAMS, "INDEPENDENCE FOREVER!" Yes- the Greene County bank, at Catskill. The Tradesand with this certainty, that, if true to themselves, they will ever be independent.

man's bank, in the city, had also suspended payment, in consequence of an injunction granted by a judgeThe character and services, life and death of these about which a great deal is said. The Fulton bank great men, afford many subjects for profound and was hardly run, but sustained the loss of public conuseful reflection. All that belonged to them belongs fidence and paid all its notes presented, keeping its to the nation; and the virtues of our patriot states- doors open three hours later than usual, to accommomen and gallant warriors, constitute a property not to date persons having demands upon it. All the old be valued by any ordinary standard. Dollars and banks in the city remained firm. Some of the councents cannot any more be applied to it, than a com- try banks had been severely shaken; but, on the non walking-cane to a measurement of the distance whole, the alarm was rapidly subsiding, and mea between us and the sun!-and besides, there is a mo-sures were about to be adopted that would improve ral power conferred on a people, through the perform ance of great and glorious deeds, which is not less effectual in preventing than in punishing wrong; And who is it that, when he reflects upon persons and things pertaining to the revolutionary period, does not feel himself more elevated when, with grateful pride, he lifts up his countenance, and says "I am an Ameri can?" It is, indeed, a proud name! Let each and every one of us take care that it be preserved unsullied by lacticus or sectional feelings, debased by oppression, or disgraced by a want of love for the

the state of the currency, if adhered to. W

As thunder-storms are often uses to streify the atmosphere, so blowings-up like that Britain necessary for the public safety, so lozapore as anylegislatures shall sanction heartlesse Chronicle reN. York has suffered considerably been seized was and will suffer more by others tent on immediate out she has also got rid of mang be decided. g scoundrelswho, without capitonsiderable ink of their own corruption and impend, become otained acts of incorporation to erations; as windle the people. a subject .certained

CALCE OF LONGEVITY. It is stated in the news papers, that a celebrated mathematician has calculated, that, taking the age of Mr. Jefferson to have been 33 years when he signed the declaration, and Mr. Adams to have been 40 years, the chance of their both living 50 years longer, and of dying at their expiration, is only one in twelve hundred million.

union and that constitution under which we have astonishingly prospered-the work of the ablest beads and best hearts that any country ever contained. It is the ark of our safety-the bond of peace; not perfect, but so linked in its various parts that few of its parts, indeed, can even be slightly touched without a shaking of the whole. And especially, let us be mindful that "truth is a victor without violence," and "that error of opinion may be tolerated, when reason is left free to combat it." It has often happened, and must of tentimes happen, because of the contrarieties of the IMMIGRATION. Many passengers are arriving at N. natures or dispositions of men, that all may not be York and other ports direct from England; but many pleased with measures pursued or persons appointed more reach the United States by way of Canada. to oflice-but it is morally impossible that, while the The northern frontier swarms with newly arrived people of the United States shall make use of their Irish people. reason instead of giving themselves up to their passions, that any thing material can occur to impede the march of this republic to the greatest respectability and mighty power, or to endanger the rights and liberties of ourselves or our children, or those of other 7th reg. infantry. 2d lieut. Thomas McNamara, to nations with whom we may have intercourse. And, be 1st lieut. 26th May, 1826, vice Outlaw, deceased. though the people may err, being led away by their feelings so as not always clearly to distinguish between

ARMY OF THE U. S. Adjutant general's office,
Washington, 12th July, 1826.
Pronotions.

Appointments.

Gustavus S. Drane, 1st lieut. 2d artillery, to be as

right and wrong, they ever have settled down in the 'sistant commissary of subsistence, 6th June, 1826, VOL. XXX

25.

sufficient to a proper understanding of the subject"nothing extenuating, nor setting down aught in malice."

The same paper of a subsequent date, says-The deputy sheriff of Richmond county, N. Y. has given bail for his appearance at the Middlesex oyer and terminer, in December next, and is now at liberty He was let to bail by chief justice Ewing, before whom he was taken by a writ of habeas corpus.

LONDON TRADERS. There is no place in the world where industry and a talent for making money are more certainly rewarded than in London. No matter how obscure the business of the London trader, he has, with the proviso aforesaid, chances, without precedent, to become distinguished for opulence. There are 40,000 trading firms in that city. Of these the haberdashers, though dealing in small wares carry on a great business. One house alone is known to receive on an average one million and a half sterling a year, or about 4000 guineas a day. There are other houses receiving 1.1000 a day. There was a famous cutler, Mr. Clark, who retailed his small wares to such purpose, on Exeter change, as to amass a million of money, and, while he paid 1.7000 a year to government as income tax, he only spent a shilling a day for his own dinner!

Mr. Walker the sugar baker, who died worth 1.250,000 a few years since, was originally porter to a wax chandler, with wages of 1.16 a year. Alderman Kennet, afterwards lord mayor, was in early life a waiter at the Hoop and Bunch of Grapes tavern, Hatton garden. Alderman Bates, and the amiable alderman Smith, both kept public houses, and the latter had been also a gentleman's waiter. Crosby, the spoon maker, was originally a charcoal boy, and died a few years ago worth 1.60,000. There is a pavoir now, or recently living in London, who is worth / 250.000. The famous Mr. Rothschild, who has been called the "king of theJews," and the "Jew of kings," was a dealer in Manchester cloths, originally, and now possesses millions, and is the prime mover of all the most important loans in Europe.

OLD TIMES.

The first settlers of Marlborough, Mass. it seems were for many years very much pestered with rattlesnakes and wolves.

supposing that this could form any rule for future proportions, as we are now 900,000 tons a-head of them, it would take 99 years for them to come up with us-a period which, even in the history of nations, cannot be said to be 'fast approaching."

This mode of stating the question is by no means fair. If the American commercial navy was, in 1792, about 300,000 tons, and the British 1,500,000, the former was only equal to one fifth of the latter. But if the American be now between sixteen and seventeen hundred thousand, and the British 2,500,000 the former amounts to two thirds of the latter. A spring from a proportion of one-fifth to two-thirds, in the course of thirty-three years, is a serious matter. The Courier might apply the same absurd mode of comparison to the respective populations. The population of the U. States in 1790, was 3,921,326. According to Mr. Rickman, that of England, in 1790, was 8,675,000. In 1821, the population of England was 12,218,500, and that of America was about 10,000,000. Now as the increase of the American population, between 1791 and 1821, was about six millions, and that of England three millions and a half, according to the Courier, America has only gained upon us eight hundred thousand every ten years; so that it will require thirty years to bring the population of the United States up to the level with that of England and Wales alone-but if the population of the United States doubles every twenty years, it will be nearly twenty millions by 1840; while thirty per cent. the English rate of increase, would only bring the population to between fifteen and sixteen mitlion. So much for the Courier's arithmetic.

[London Chronicle.

The

SPOLIATION. One of the late numbers of the "Sipcapore Chronicle" contains a short paragraph about the seizure of an American ship. This circumstance is one to which some importance was attached, as the vessel was partly laden with arms, and, on that account, was seized by a British man of war, lest these arms should be directed so as to strengthen those who were at war with Great Britain. measure was considered at Sincapore as any thing but necessary or useful. The Chronicle remarks: the vessel which has now been seized was not suffered to stop here, but sent on immediately to Calcut"In a single year, (1633), the town paid a bounty ta, where the case will be decided. It, however, infor no fewer than twenty three wolves. In 1680, the volves matters of considerable importance, and will following record was made. Voted, to raise thir- probably, in the end, become a subject of discussion teen men to go out to cill rallelsnakes, eight to Cold between the nations; as the right of search on the Harbor ward, and so to the other place they cal bos-high seas is a subject on which the Americans have ton, (now the north western corner of Westborough), and five to Stoney Brook-ward, to the places thereabout. John Bringham to cal out seven with him to the first, and Joseph Newton, four with him, to the latter, and they were to have two shillings apiece per day, paid out of a town rates.'"

TONNAGE-Great Britain and the United States. We observed yesterday, that it appeared the commercial navy of the United States, in point of tonnage, was approaching rapidly towards an equality with our own, and in proof that the former had, since 1789, increased from 279,588 to between sixteen and seventeen hundred thousand, while the latter had only increased from about 1,500,000 to 2,500,000, the Courier observes

True it is, that during a war of twenty years' continuance, which swept away every neutral flag but that of America from the ocean, the commercial marine of the United States increased with unprecedented rapidity. The fact seems to be, that since 1792, our own commercial shipping has increased about 1,000,000 tons, and that of the United States about 1,300,000 tons; or, in other words, they gained on us at the rate of 100,000 tons in eleven years; and

always entertained much jealousy.

"The feeling which the case has excited here is a general one of regret and resentment, and I think with some reason. It is seldom that we are visited by any of his majesty's ships, and it is hard that men who ought to be the protectors of our commerce, should be the disturbers of it. This same man of war has done more harm by passing through our harbor than all the pirates in the Malayan archipelago would have done in 20 years. The American had a valuable cargo, and $1,500 in specie."

THE RHODE ISLAND JUDICIARY. The judges of the supreme court of Rhode Island have not unfrequently been subjects of ridicule in the newspapers of that state; and the deportment of some of them has afforded, even us at this distance, no trifling amusement, however much they have been supposed to dero gate from the dignity of the bench. There seens at this time to be a hubbub among them-what it is exactly, we have not sudicient light on the subject to understand. When a motion was made recently in the general assembly to increase the salaries of the judges 50 dollars (we believe they now receive the enormous sum of 200 a year) a debate, not altog

ther flattering to their honors, took place, of which the following is a part:~

LAWS CONCERNING DIVORCES. The National Banner, a paper published at Nashville, Tennessee, coaMr. Hazard. I am willing, Mr. speaker, to make tains the report of a case decided at the supreme almost any additional compensation the judges may court of errors and appeals of that state, of which want. This giving the judges of your supreme court, the following are the leading facts. Mary Dickson $50 a piece is a mighty small thing, and if it is to be petitioned for dower in the estate of her late husdone, it better be done as quietly as possible. The band John Dickson. She had been previously marleast we said about it the more to the credit of all ried to Benjamin May, of Kentucky, from whom she persons concerned. It would not look very well to had been divorced by the laws of that state, which see a report of a long and grave debate, about giving prohibit a second marriage between parties divorced $50 a piece to your supreme judges, in the New-York during the lifetime of either of the parties. The pepapers, as a commentary upon your liberality to pub-titioner removed to Tennessee, and there was marrilic officers. Why, sir! if these men are fit to be ed to John Dickson during the lifetime of her late judges of your supreme court, will this fifty dollars, husband, Benjamin May. The heirs at law of John In addition to their saiaries of two hundred dollars, Dickson, by a former wife, resisted the demand on be giving them too much, and if they are not fit for it, the ground that the second marriage was unlawful. you pay too dearly for them if you get them for no- The following is the reluctant opinion of the court: thing. I dont like to hear this talk about making a The inquiry with this court is not, nor cannot be, bargain with your judges to do just so much, and to get whether the laws of Kentucky have been violated by all you can cut of them at the lowest rate, as if they this second marriage-but have our laws been violat were day-laborers If they are well paid according ed? The act of 1820, cb 18, against bigamy, deto their services now, dont give them any more; only clares it felony for any person to marry having a let us say but little about it either way. But if this former husband or wife living Mary May had no $50 wont overpay them, we could not be accused of husband living, and is not guilty of bigamy by our making their salaries extravagantly high if we should statute; nor has she violated the sanction of any pevote it to them. I dont believe sir, it will ruin the nal law of this state state. Why sir how is it with the junges of your No principle of comity amongst neighboring comsupreme court with their present salaries. They munities can be extended to give force and effect to dont pay their expenses in guing about the state I the penal laws of the one society, ex-territorially of know sir, when they go to Providence they dont re- the other; and for many reasons, it would be equally ceive pay enough to support them like gentlemen. inconvenient, not to say impracticable, to adopt the They are obliged, sir, to skeik about-obliged to look principle among sister states of the American union; about for cheap lodgings. What you give them will for which this court has the conclusive authority of not support them at the public houses-tis truc, sir. the supreme court of the United States, in Hutton Mr. Potter. I don't mind the $50 that this resolu-rs. Moore, 5 Wheaton, 69.

tion is to give the judges. It is the principle I look Therefore, Mary Dickson was lawfully married to to, and if we are to add to the regular salaries of the John Dickson, and is entitled to dower.

judges, why not pass a similar resolution, giving The judge superadds the following striking resomething to your governor and lieut. governor. If marks, well worthy the attention of legislative and it is the wish of the house to make the judges a pre-judicial tribunals:sent of $50 a piece, I am sure I have no objection, If the petitioner is permitted, by the judgment of nor am I afraid to have the matter taiked about. The this court, to marry after her divorce in Kentucky, gentleman (Mr. Hazard), is afraid our proceedings, which restrained her from doing so there, without will be known in the state of New York. I am will being subject to pains or forfeiture of any kind in ing to have our proceedings examined.-I believe this state, the consequence will be an invitation to they will compare pretty well with some things in every divorced man or woman, who has been the the state of New-York. If there is any thing to ap-offending party and, is disabled from marrying at prehend it is the gentleman himself who has fouled home, in every state in the union, and all other his own nest, and given us a black character. As countries, to impose themselves as adventurers upon to our salaries to the judges, I believe we generally the population of this state; which, in a few years, pay as much as it is all worth. When we get things done better, I shall be ready to pay better. One of the judges, (the chief justice,) says he doesn't want any more pay. I suppose he is afraid, if the salary is increased, it will increase the competition for the office, and he will lose it."

New York paper.

will run the hazard of becoming the receptable of the refuse, proscribed and prostituted vagabonds, outcasts from a population of fifteen or twenty millions in our sister states. The wretch who, for an infamous crime, has been for years confined in a state prison, and his wife divorced from him for this Speaking on the judiciary of the state, the Pro-cause, may emigrate to the state of Tennessee, a sinvidence Journal observes-The supreme court of Rgle, free, and every way an unshackled man, with Island consists of five judges appointed quarter--no every privilege that the proudest possess, and here -annually, by the legislature. The chief justice marry in safety! whereas, had he done so a few travels the circuit of the five counties of the state, yards north or south of an ideal boundary, death perpays all his expenses, devotes say from 10 to 12 haps, would have been the consequence of the act. weeks to these duties annually, (the time he gives to the study of the law or the money he expends in purPROGRESS OF THE OHIO CANAL. From the Clevechasing law books, we do not pretend to include), land Herald. The work on the northern division of and receives, in good Rhode Island money, $250 per the Ohio canal is still progressing with spirit, and geyear from the treasury! leaving him, perhaps, with nerally, at a rate which promises its completion withstrict economy about, $75! His associates perform in the times prescribed by the contracts. Upwards the same labors, incur the same expenses, and re- of 2,000 laborers and about 300 teams are constantly ceive $200 in the like manner, from which they pro-employed on the line between this place and Kendal, bably save $125!! This is Rhode Island liberality in which is now under contract; and work to the amount her judiciary department, and yet, under the present of between forty and fifty thousand dollars, at consystem of our courts, we pay dearer for the justice tract prices, is performed monthly. The excavation we do get than all the other states in the union. On and embankment on the line between the portage sumthis score our liberality cannot be too highly commit and the lower rapids of the Cuyahoga, (which mended, however our prudence may be brought in are about four miles from Cleveland), is now nearly question. completed, with the exception of a few sections