he bought five more from prisoner on Waterloo- the attention of the whole court was at once di bridge. On the 12th, he met prisoner in Monu- rected to him. He begged leave to observe, with ment-yard, and purchased ten more forged notes. all deference to the dignity of the court and the Prisoner then asked witness when he wanted more; opinion of the bench, that neither he or his brother to which the witness replied, he should want other jurymen were satisfied with the evidence of the innotes by Thursday, it being the day before King. spector to the bank, and they wished to be informston fair. ed by him, if possible, how he knew a forged from The witness underwent a very able cross-exami- a genuine note? They themselves (the jury) bad nation from Mr. Adolphus. It appeared that there several notes in their possession, which they had was no other honest man besides himself to speak taken in the course of trade, and they really could to this transaction, which affected the prisoner's not see the difference between these notes and the life. He had been about three months in this lu- one pronounced to be forged. crativé trade, but had followed several others in The note being here handed to the jury, each the course of his life. He had been porter at a of the twelve jurors minutely examined it, and coppersmith's, and a callico printer; but had, until compared it with several of their own, after which the last three months, been employed by his cousin the foreman repeated, that it was their decided in the coal trade. This cousin of his had several sheds about the town, and was also clerk to a law yer in the Temple. Mr. Adolphus then put the following questions to the witness: Have you ever given evidence against individuals charged with this offence before?-I never have been in a court of justice before. That is not my question, and you know it. Have you ever given evidence before?-Yes: I believe I have. You know you have; and I will make you tell me!-Yes; I have given evidence against two per opinion that the bank inspector was bound to give them some specific mark in the body of the note, by which they might judge whether he was capa ble or not of distinguishing between good and bad notes, for the note in question was so well executed, and in all respects so similar, that they could not make up their minds on the subject. Baron Wood remarked, in reply, that the infor mation they requested was rather of a delicate kind, and it might not be proper to make the public at large acquainted with the secret by which the Bank of England was enabled to detect the forged notes attempted to be passed as genuine. It might, in fact, be very productive of inconve nience if this was done, and surely the circumstance of the prisoner selling for 7s. what was known to Have you given evidence against no one else?-be worth 20s. was a strong proof of guilty know. Yes: against a man of the name of Stanley. sons. What are their names?—The one is Edwards, and the other is his wife. And all these are individuals charged with a similar offence as the prisoner at the bar, whom you have been honest enough to entrap, by the assistance of the bank of England?—Yes. And you have face enough to give evidence, un der such circumstances, against the individual at the bar, who is now on trial for his life?-Yes, I have. ledge. The jury were, however, by no means satisfied with the opinion of the bench, when at last, Mr. Serjeant Bosanquet said, he should call Mr. Glover again, and examine him on the subject still further. Mr. Glover, the inspector, said, that he would endeavor to comply with the request of the jury, as far as he reasonably could. In the first place, William Sellers stated that he was employed by the paper was not of the same kind; next, the the bank of England, to detect the passers of water-mark, in the forged notes, was indented by a forged notes; and for that purpose had procured sudden pressure after the paper was manufactured, the last witness (Underwood) to purchase notes of whilst the water-mark of the Bank of England, the prisoner. He (witness) was instructed as to was interwoven, as it were, with the manufacturing the meeting of the parties, and went to Monument of the paper of which they were made. Then, as yard, upon the night stated by the last witness, to the numbers, or figures, of the different notes; where he saw the prisoner and Underwood; but those belonging to the bank were stereotyped, the former suddenly disappeared, and, as he un- while the figures of the forged notes were always derstood, ran off by Pudding lane, in which di-struck upon the copper they were engraved on. rection he pursued him in vain. Prisoner was, Mr. Baron Wood then charged the jury, and ob however, at length traced to the Coacts and Horses served, the case had, in his opinion, been clearly public house, in Drury-Lane, where he was appre made out against the prisoner. hended. The jury retired 75 minutes and returned, find. John Chambers, the next witness, now deposed, ing the prisoner guilty of uttering the note to Mr. that he was by trade a shoemaker, and resided in Chambers, but they could not, on their oaths, be High Holborn; that the prisoner at the bar came lieve one single word that Underwood, the first into his shop one evening towards the latter end witness, had said. of November last, when he offered him a 14. note The learned Baron told them the prisoner was in purchase of some goods. Prisoner then gave charged with seiling the note to Underwood, and hin what he afterwards discovered to be a false they must, therefore, acquit him if such was their name and address. The note he then tendered opinion. him (here the note was produced in court) was the same as was now presented him. ty! The verdict was then declared to be-Not gull Thomas Glover, the inspector to the Bank of William Connor, aged thirty-one, was indicted England, was next sworn, and, upon the notes be for uttering several 1. forged notes, with intent ing produced, he declared them to be all forgeries. to defraud the governor and company of the Bank He had been inspector of bank notes for a period of England. Five persons gave evidence to the of 23 years, and he knew the notes were all from prisoner's having passed forged notes to them. one plate. The same kind of evidence as to forgery was The jury seemed much dissatisfied with the evi-given as in the preceding case. The trial lasted dence of this witness, and the foreman rose, when till five o'clock, when the jury retired, and at nine in the evening returned into court,when the fore.[not now trespass upon their time in detailing the man stated the verdict to be as follows:-Guilty o facts of the case. The legal advisers of the bank passing the notes in question, but, the jury are not had been consulted on this occasion, and the ultiall satisfied with the evidence adduced as to the mate determination was to relinquish the prosecu. notes being forged. tion. The prisoner was of course acquitted. This is the fourth prosecution of the bank for uttering forged notes, all of which have failed. The common Serjeant.—It is your duty, gentle men, in such a case, to convict or acquit the prisoner, as appears to you to be proper Foreman-The jury have no doubt the prisoner passed the note, but we are by no means satisfied that it is a forged note. The evidence does not at all convince us of that. The common Serjeant.-Gentlemen, if you are not agreed in your verdict, you must retire, and again consider it. The foreman-We are agreed, my lord, but cannot be satisfied with the evidence of the forgery. The common Serjeant.-If, gentlemen, you are not satisfied with the note being a forged note, pur porting to be of the bank of England, you are bound to acquit the prisoner. Mr. Shelton (clerk of the arraigns)-Gentle men of the jury, is the prisoner at the bar guilty or not? John Dye was capitally indicted for uttering a forged bank note knowing it to be forged. On the result of these trials, the London Courier which paper is the common sewer of the high toned aristocracy of England, said "We may expect to hear soon of multiplied for. geries upon the bank of England, for, by the wise conduct of juries, that corporate body is now placed beyond the protection of the law. New fangled doctrines about evidence have usurped the wholesome practice of our courts of justice, and rogues are turned loose upon society again, because forsooth those particulars are not promul gated with respect to good notes, which would enable the forgers of them to exercise their calling with still greater facility, and less risk of detec ion. God forbid we should ever see the day, when the trial by jury shall be abolished: but if ever that calamity falls upon the country, it will be produced, like most civil disasters, by the abuse of just and legitimate power. We can, indeed, but too easily imagine a crisis in which the fac tious perversity of juries, may lead to the terrible alternative of closing the statute book of the jury box.” The Morning Chronicle, an opposition print, refering to the same, observed Mr. Serjeant Bosanquet stated to the jury, that "The temptations to commit forgery are great. the present prosecution rested principally on the Can they be lessened without diminishing the patestimony of the witness whose evidence had been per circulation? Can the commission which has given on a former trial (Williams's.) He observ. been appointed find any thing which man can ed, that when the testimony of a witness, however do, that cannot be imitated by man? If they can. culpable, was confirmed in the main points by other not, is it not worthy of consideration, whether the persons of respectable character, the jury were long list of punishments, and the frightful amount bound to credit it. Since Saturday, when this wit of unpunished crime, with all the vices in its train, ness was examined, the case of the prisoner at the do not of themselves form sufficient reason for bar had been considered. As no evidence could contracting the circulation of bank notes within be adduced in corroboration of this witness (Un-the limits prescribed by ancient usage, even if the derwood,) whose character had been impunged, he changes in the value of property, effected by the should not detail the case to the jury. The pri- arbitrary changes of the quantity of paper money, soner was accordingly acquitted. did not direct us to the same conclusion. William Howard was indicted for uttering a forg. We are drawn into these observations by the cued 1/ note to Elizabeth Macpherson, knowing it to rious coincidence of their being at this time an acbe a forgery. The evidence against this prisoner tual canvass for signatures to a jobbing memorial was very slight. It consisted in the testimony of to perpetuate the issue of returning to a healththe prosecutrix, who proved the circumstance of ful metallic currency, while, at the same moment, the uttering. four distinct juries have pronounced verdicts of Mr Glover, one of the inspectors of bank-notes, acquittal for the alleged crime of forging, or of gave the same testimony as he had done in the uttering forged imitations of those notes. Thus case of Williams, regarding the private marks on the mercenary motives of jobbers and speculators the bank notes. The signing clerk proved the seck to preserve a system, at which the moral signature was not his writing. The jury, however, feelings of the people at large revolt, and upon not thinking the testimony sufficiently strong, ac- which they have given, at the criminal tribunal of quitted the prisoner. the country, a solemn and irrevocable decision. Those erdicts determine the cuse. The bak have now no expedient lef for the continuance of a practice so vicious, as we have said there is no remedy but in withdrawing the small notes. December 8. John Williams was put to the bar, charged under an indictment for uttering a forged 11. note with intent to defraud James Chambers. This prisoner was tried on Saturday, upon an indictment charging him with having sold several forged bank-notes to a person of the name of Underwood, and acquitted. Chinese State Paper. A gentleman has politely favored us with the Mr. Serjeant Bosanquet, on the part of the pro- copy of the letter below, said to have been indited secution, addressed the jury, and observed, that by the hand of his emperial majesty, the emperor it was determined not to adduce any evidence against of China. It is a state paper (Chinese state pathe prisoner on this charge. The testimony which pers are rare,) and as a literary document is more could be brought forward was so mingled with than ordinarily curious. The translator only rethat which, on a former occasion, the jury had degretted that some hat of the spirit of the original clared their unwillingness to believe, that he would was lost in the translation. It had not been pub Scr. TO VOL. XVI. D lished in any of the English journals, or in any of the works that lord Amherst's embassy produced, until in June last. Your ambassador then told my great officers, face to face, that when the proper time came, tré · [Umon would comply with the ceremonies, and would perform the kneeling and prostration, and bowing of the head to the ground, and that no exceeding or falling short of the established forms should occur. Esperor of China's letter to the prince regent of England. TO THE SOVEREIGN OF THE BRITISH ISLES. "The supreme sovereign of the earth, who has received it from Heaven and revolving time, issues 'Accordingly, my great officers, in conformity this imperial mandate to the king of England, with to, and in reliance on this declaration, reported the purport of which let him be most fully ac- the affair to me, and I sent down my pleasure that quainted. on the 7th day of the 7th moon, your ambassador 'Your country, O king, is situated at an immense should be ordered to appear before the imperial distance beyond the vast ocean, yet you send to person; that on the 8th, in the great hall of light me, in the sincerity of your heart, an offering of and splendor, an entertainment should be con. devotedness, and turn with a zealous affection to ferred, and gifts bestowed; and again, that in the the transforming influences which eminate from garden of perpetual pleasure, a feast should be prethe middle kingdom, (China.) pared; that on the 9th he should have his audience 'On a former occasion, in the 58th year of Kein- of leave, and that on the same day, it should be Jung, at a time when the reign of the exalted, the permitted him, to ramble on the hills of ten thou honorable, and the immaculate emperor was ap- sand ages: that on the 11th, at the gate of perfect proaching towards its close, you sent an ambassador concord, gifts should again be conferred; after across the seas to the residence. which he should repair to the board of ceremonies, At that time, your ambassador, in approaching and there again be feasted: and that on the 12th, the throne, with veneration and respect, performed he should be finally despatched, and ordered to the accustomed ceremony without exceeding or proceed on his journey. The day fixed for perfalling short of what is required; and duly observed forming the ceremony, and the precise form to be all the forms with proper decorum: and was then observed, were previously communicated to your enabled to look up, and receive the favor and affec ambassador by my great officer of state. tion of the son of Heavens, to see his majesty's 'On the 7th, the day appointed to your ambassador celestial face; to be entertained at a grand banquet; to approach and behold the imperial person, he and to have numerous and valuable presents accordingly arrived at the palace, and 1, the embestowed upon him. peror, was just about to enter the great hall of audience. In this present year, you, O king, have thought fit again to send an ambassador to our court, with a written representation, and with orders to pre sent me with productions of your country, on his being introduced into my presence. "Your ambassador, all on a sudden, asserted that he was so exceedingly ill, that he could not stir a step; I thought it not impossible, and therefore ordered the two assistant ambassadors to enter the 1, Emperor, having reflected that you, O king, hall, and appear before me; but both the assistant and from feelings of respect and obedience, re- ambassadors asserted also that they were ill. This joiced exceedingly at this intelligence; I caused certainly was an instance of rudeness which had forthwith the former records to be examined; and never been exceeded.-I did not, however, inflict I ordered the proper number of officers of state to severe chastisement, but I ordered them to be await the arrival of your ambassador, that on the sent off the same day, on their return to their own very day of his approach to the palace, he might, country. As your ambassador was thus prevented in all due respect, behold the imperial person, and from beholding the imperial presence, it was not then be entertained with a grand festival, according expedient that he should send in the written reto all things, and with exactly the same ceremonies presentation from you, O king. It is, therefore, which were observed in the preceding reign. sent back in the same state it came by your am'Your ambassador first began to open his com-bassador. munications at Tientsing. I appointed great offi. "We have considered, however, that you, O king, cers of state to be there to give him an imperial from the immense distance of many times ten feast and entertainment. When, behold! instead of thousand leagues, respectfully caused a written your ambassador returning thanks for his feast, representation to be presented to me, and duly he refused to pay obedience to the prescribed offered presents; that your ambassador's inability ceremonies. to communicate, on your behalf, with profound I, the emperor, in the affair of the inferior officer reverence and sincere devotion, is his own fault, of the state arriving from a remote country, did and that the disposition of profound respect and not deem forms and ceremonies of any great im- obedience on your part, O king, are visibly apparent. portance; it was an affair in which some indulgence 'I therefore thought proper to take from the and compassionate forbearance might be shewn to articles of tribute, only a few maps, some prints of the individual, and I, therefore, made a special views and portraits; but I highly applaud your order for all my great officers of state to use gen- feelings of sincere devotedness for me, just the tleness and accommodating behavior towards your same as if I had received the whole. In return I ambassador; and to inform him on his arrival at ordered to be given you, O king, a Joo-ee (emblem Pekin, that in the 58th year of Kien-lung, your of prosperity,) a string of imperial beads, two large ambassador, in performing the usual ceremony, silk purses, and eight small ones, as a proof of our always fell upon his knees, and bowed his head to tender and indulgent conduct in this affair. the ground, according to the established forms; how, indeed, on such an occasion, could any change be allowed? "Your country is too remotely distant from the central and flourishing empire: so that to send an ambassador to such a distance over the waves of the sea is not a light affair. Besides, your ambassador it would seem, does not understand how to practice the rights and ceremonies of the central empire. The subject indeed involves a severe labor of the lips and the tongue, which is by no means the Hartford Bank, and new lands in New-York and pleasant or easy to bear. Ohio. The capital has considerably increased The celestial empire sets very little value on since its establishment, and the number of debt things that are brought from a distance. Nor does ors augmented in much greater proportion. The it consider as rare and precious pearls, the pro-local distribution of the school fund debts has ductions of your country, however curious and been materially changed since that period, so that ingenious they may be thought. now most of the debtors and lands pledged as colThat you, O king, may preserve your people in laterial security, as well as nearly all the cultivated peace, and be careful in giving strength to the farms belonging to the fund, are situated beyond boundary lines of your territories, that no separa- the immediate operation of the laws of this state. tion of those parts which are distant from that The amount of sums actually paid to the several which is near at home may take place, is what I, school societies in this state, does not appear, from the emperor, sincerely and strongly recommend. the record, to amount to as much as might have Finally, there will be no occasion for you here- been expected. All these facts, with many others after to send an ambassador from so great a dis-necessarily connected with them, have been examtance, and to give him the trouble of pasing over ined in detail by your committee, and the result mountains and crossing the ocean. If you do but of their investigation is now submitted; together pour out the heart in dutiful obedience, it is by with a bill for a public act, which your committee no means necessary, at any stated time, to come would recommend for the adoption of the legisla to the celestial presence, ere it be pronounced, that you turn towards the transforming influence which eminate from this empire. "This imperial mandate is now issued that you may forever obey it.-Kia-King-21st year, the moon, 20th day.'-(September 11th, 1816) ture, as the best means they could devise of remedying existing evils, and of complying with the requisitions of the constitution. The first sale of the Connecticut Western Reserve lands was completed in September, 1795, for the sum of $1,200,000, on annual interes! from It is said that the emperor is building forts and the 2d day of September, 1797. The debt of the defences in every part of his coast that is accessible, purchasers was evinced by 36 bonds, and rested on from Bocca Tigris to Pei-ho, in order to prevent personal security. In the year 1801, the number any less pacific mission, of which it is said his ma- of bonds had increased to 239, most of which were jesty is under considerable apprehension; and that secured by mortgage of real estate; at or near this his officers, at Canton, are more then ordinarily period the state relinquished two years interest to civil to the British residents. The English editor the purchasers, in consequence of a delay in the seerns to think that 'the treatment of lord Amherst, congress of the United States to authorise the prein his diplomatic mission, almost warrants an inva-sident to issue a patent of said reserve lands to sion of the Chinese dominions;' but it is evident that the state of Connecticut for the benefit of the pur his lordship brought himself into the ridiculous chasers. In May, 1810, the number of bonds had predicament, that so mortified himself and the increased nearly to 500, at which time the hon. English nation.-When he started on his mission James Hillhouse was appointed commissioner of the of diplomacy, which seemed to us this side of the school fund, with a salary of $1000 per annum. water 'more of shew than of use,' at the time, he and all his expenses. In October, 1812, a resolve should have taken with him the old aphorism- passed the legislature having a retrospective ope"when you are among the Romans you must do as ration, so as to allow Mr. Hillhouse for extra serthe Romans do'-In other words, have resolved to vices $500 annually, commencing in May, 1811. comform to all the Chinese ceremonies, however This allowance was continued until October, 1818, grating they might be to his English sense of etiquette, and not to be sickened by any luxuries of the Chinese, which are said to have made many an Englishman's stomach revolt. Connecticut School Fund. The committee to whom was referred that part of his excellency's speech which relates to the school fund, respectfully report: at which time the resolve was repealed. Since The original capital stock of the fund, was $1,200,000 The simple interest on this fund for That, with peculiar satisfaction, they find the constitution has provided for the inviolable appropriation of so large a proportion of the funds of this state to the support and encouragement of public or common schools. This excellent provision makes it the duty of the legislature to watch with constant and vigilant attention this sacred deposite, and to provide for its appropriation in such manner as shall most effectually accomplish the benevolent object for which it was intended. The interesting nature of this object, the delightful theme of contemplation it affords the philanthro-which amounts to somewhat more pist, as the prolific source of that virtue and intelligence for which the inhabitants of Connecticut have been so long distinguished, have induced your committee to give it all the attention in their power. The fund called the school fund, consists of debts secured by bond and mortgage, cultivated farms in Massachusetts and Connecticut, stock in The sum actually divided for the bene- than 3 1 2 per cent. say 3 63-100 per $826,983 03 $275,468 $816,195 This balance of $816.185, added to the $2,016,185 $1,169,185 original principal, makes The nominal amount of capital, as nowstated on the books in the office, including bonds, bank stock, cultivat ed farms, and new lands is Some losses will doubtless be incurred on the bonds and lands included in this nominal amount, which it is impossible for your committee to ertimate. But supposing the nominal and actual value the same, there will be a balance not particularly ac counted for, of of Kentucky, who claims her as a fugitive from |labor;-it appeared that cognizance of the case hađ been taken under a law of this state, which provides, that a non resident, having a claim to the service of any person in this state, shall procure a warrant from a judge, or a justice of the peace, who being satisfied of the validity of the claim, shall certify the case to the next term of the circuit court for the county, where a trial by jury shall be had in the ordinary mode; and upon verdict and judg. ment being obtained against the servant, the court shall grant a certificate, authorising the claimant to remove the servant out of the state. That the $367,000 claim of Chasteen having been asserted under this This balance appears large; it will however be law, the case was certified to the circuit court, for recollected, that the expense incurred in managing the county of Jefferson, and being dismissed by the establishment for the last nine years, must the claimant, a bill in equity was filed and an inhave been considerable. That some of the debts junction obtained against him, for the purpose of of the school fund have been partially unproduc-investigating the claim of the girl to her freedom. tive of interest. That lands, if unfortunately taken,The claim, however, being brought before me, did not advance in value equal to the interest, and the case pending before the state court was disthat the new lands now on hand, reckoned at the missed, and a motion submitted for the dismissal price for which they were received, amount to of the warrant, upon the ground$40,560, the interest of which would be properly applied in the reduction of the above balance. It also appears that there are now on hand cultivated farms, which, at the received value, amount to $67,193, which probably have not produced six per cent. the difference, then, between six per But admitting the constitutionality of that law, cent. on that sum, and the actual rents, will also it was contended that the several states have an be a proper item to reduce the abovementioned authority, concurrent with congress, to legislate on balance. There are doubtless a variety of other this subject; and therefore that any procedure un items which ought to be applied to the same pur.der the law of this state, (December 30, 1816,) pose, which your committee find to be impossi ble to ascertain, unless they were to enter into a fruitless investigation of all the transactions regarding this important fund, for more than twenty years past. Your committee have judged proper to present, as far as practicable, the nominal value and distribution of the school fund, and for this purpose they have prepared the following exhibit, viz: Bonds against persons in the state of Connecticut, In the state of New York, "That the 3d clause, of the 2d section, of the 4th article of the constitution of the United States, confers no authority on congress on the subject of fugitive slaves; and, therefore, that the act of congress (Feb. 12, 1792) is unconstitutional." already mentioned, operates to the exclusion of any authority derived from the act of congress. Prior to the adoption of the constitution of the United States, the inhabitants of the states, where slavery prevailed, were exposed to so many incon. veniences, from the escaping of their slaves into other states, where slavery was not toleratedfrom the different views entertained of the subject, itwas thought unnecessary or improper to aid in their restoration-and in the states, where co$579,227 99 lored persons were free, persons escaping from the 568,297 63 service of their masters, became emancipated by 271,582 30 their laws. To correct these abuses-prevent col. 17.444 63 lisions between the several states-to secure the 47,279 33 enjoyment of property according to their laws, respectively-and to enable the owners of slaves, 1,483,831 88 fleeing from their service, to reclaim them, the 57,600 00 constitution provides, that no person held to labor in one state, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or Amount of new lands 40,560 00 labor, but shall be delivered up on the claim of Cultivated farms in Connecti Massachusetts, Amount of bonds Stock, 576 shares in Hartford bank, New York, In the state of Ohio, cut, In Massachusetts, $38,000 2,560 $7.617 60 Signed per order, $1,649.185 42 ELIJAH BOARDMAN, Chairman. Fugitive Slaves. the party, to whom such service or labor may be due, and in conformity to this provision of the constitution, congress accordingly enacted that any person held to service or labor, in any state, according to the laws thereof, escaping into another state, may be seized by the person to whom such service or labor is due, and taken before a judge of the United States, or any magistrate of a county, &c. who, upon proof to his satisfaction, that the person so seized, doth, under the laws of the state, from which he or she fled, owe service or labor to the claimant, shall give a certificate thereof, and Decision delivered by the hon. Benjamin Park, at which shall be a sufficient warrant to remove back Cor: don, Nov. 3, 1818 John L. Chasteen, a citizen of Ky. Susan [alias Sook,] a woman of color, and a fugitive slave of Ky. the fugitive to the state from which he or she escaped. This case has probably furnished the first occa sion on which the validity of this law has been questioned, which is cited by Judge Tucker in bis commentary on the constitution of the U. States |