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bility, to be appropriated to the use of the navy. That much of the advantage and glory of the war was gained by the Constitution, all will admit. That she was enabled to put to sea, in proper time and in proper condition, was owing to the patriotic efforts of Amos Binney; and it is but an act of justice, that the fact should now be made known to the community, among whom the unpopularity of the national administration, cast a shade over the actions of its agents, however meritorious.

From the commencement to the close of the active duties of life, the course of Mr. Binney, was eminently enterprising. His judgment was acute and penetrating. Whatever his hands found to do, he did it with all his might. He was an early and steady advocate and patron of American manufactures. His attention was particularly directed to the mineral treasures of our country, and he was always ready to test, by practical experiment, any scheme which in theory offered a fair prospect of success. He did not withhold his aid until expectation became certainty, through the instrumentality of others. His physical and mental energies were freely exerted, and his means employed, in numerous plans of public benefit and convenience, in the establishment of manufactories in the opening of mines and in the occupation and improvement of waste lands, near the city and elsewhere, thus giving employment and dwellings to numerous families and individuals.

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It may be said with truth of Mr. Binney, that those who knew him best esteemed him most. Connected, as he was, with the national administration during the last war, and exposed to a virulent prosecution for alleged malversation in office-although the charges against him clearly disproved, yet, there seemed to have remained a lurking feeling of dissatisfaction with the result, in the minds of his political antagonists, which time alone could dissipate. But political prejudice, before his departure, yielded to the mild but irresistible influence of truth. He had become known to the community as an honest, upright, able, and energetic man, possessing an extraordinary aptness for business, and a sound discriminating judg ment. The confidence reposed in him, by his associates, in the numerous corporations and public institutions of which he was and had been a member, is the best evidence of the estimation in which he was holden.

JOHN HALL.

Jan. 29, 1833, JOHN HALL, recently a judge of the Supreme Court, of N. C. I the 64th year of his age. Judge Hall was a native of Staunton county, Va., and was born in the year 1769. After going through the course of academical preparation usual at that time, he finished his edu cation in William and Mary College in Williamsburg. When Mr. Hall had completed his professional studies, he removed to North Carolina, in the year 1792, and in the 23d year of his age, he settled in the village of Warrenton, of which he continued a resident to the day of his death. His studious habits, his untiring attention to business, and fidelity to clients, obtained for him an encouraging share of practice, while the modesty and amiableness of his private character, secured him friends who esteemed and loved him, and some of whom discharged towards him the last mournful duties of kindness and affection. His merit, in a few years after he commenced the practice of the law, attracted the attention of the legislature, who appointed him a judge of the Supreme Court under the old district system, in the year 1801. The fact of his elevation to the bench, after so short a residence in the state, shows strikingly the high estimation in which he was held. Upon the adoption of the present Superior Court system, in the year 1806, he continued to hold his office, and rode the circuit regularly until the year 1818. During that year, the present Supreme Court was organized, and he was elected one of the three judgesan imposing evidence of his popularity on the bench below, and a high compliment to his legal qualifications. Judge Hall continued to preside in the Supreme Court until his recent resignation. Few men ever sustained throughout life a more unblemished and unexceptionable character. Few ever possessed purer and more elevated moral feelings and principles. In his official capacity, he was, indeed, an honour to the bench. His judicial opinions always evinced the soundest principles of truth, justice, and morals, and the most thorough, accurate, and profound legal information. He was well qualified for the enlightened, dignified and venerable forum to which he belonged in the latter part of his life, and the part he acted in the highest tribunal in North Carolina was eminently satisfactory to the public and to individuals. During the thirty-one years he presided in the different tribunals of the state, he held with an impartial hand the scales of justice, and decided all causes that came before him, if ever a judge did, without "fear, favour, or affec

-At his residence in Warrenton, N. C., tion." The proverbial purity of his life,

the high and holy motives of his conduct, made him deservedly the object of implicit confidence during his long judicial career.

PHILEMON HAWKINS.

At his residence, in Warren county, North Carolina, January 28, 1833, PHILEMON HAWKINS, the last of the signers of the Constitution of the State of North Carolina in 1776. He was born on the 3d December, 1752; and, at the early age of sixteen, was sworn in as Deputy Sheriff for the county of Granville, and performed the whole of the duties of that office for his principal. He belonged to the troop of cavalry at the battle of the Allemance, which was fought on the 16th of May, 1771, and for the distinction he merited on that occasion, was presented by the commander-in-chief, governor Tyron, with a beautiful rifle. Before he was of age, he was elected a member of the general assembly for the county of Bute. He continued as a member of the legislature, mainly from the county of Granville, with the intermission of two years only, for thirteen years. The last term of his service was at Fayetteville, in the year 1789. He raised the first volunteer company in the cause of American independence, that was raised in the county of Bute, and which consisted of 144 men. In the year 1776, he was elected a colonel of a regiment by the convention at Halifax, and in that command performed many services; out ultimately left the army, and continued to act as a member of the legislature. He was a member of the convention which ratified the Constitution of the United States, and frequently a member of the executive council. He was a man of strong mental powers, which he retained to the last, and possessed an accuracy of recollection, which enabled him to be the living chronicle of his times.

BANASTRE TARLTON. Jan. 20, 1833.-At Leint wardine, Shropshire, aged 78, Gen. Sir Banastre Tarlton, Bart., for twenty-two years M. P. for Liverpool.

He was descended from an ancient family, seated for many generations at Aigburth, in Lancashire, and latterly in the town of Liverpool, and was born Aug. 21, 1754, the third son of John Tarlton, Esq., mayor of Liverpool in 1761. He was intended for the profession of the law;

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but he became weary of the toil and drudg ery attendant on this line of study, and entered the army in 1775, by purchasing a coronetcy in the king's dragoon guards. In 1776 he obtained leave to go to America, and in the month of December, he commanded the advanced guard of the patrole which made General Lee prisoner. ring the years 1777 and 1778, he witnessed nearly the whole of the actions in the Jerseys, Maryland, and Pennsylvania, until the return of the army to NewYork, on which occasion he commanded the rear-guard of Sir Henry Clinton's army. Immediately after this service, he was appointed lieutenant-colonel of provincial cavalry, and soon rose to the command of the British legion. When Sir H. Clinton carried a considerable part of the army to the southward, for the seige of Charleston, and operations in the Carolinas, he intrusted the command of the cavalry to Lieutenant-Colonel Tarlton. A series of successes attended his movements, until the British army was, as a whole, overpowered by that of the Republicans. At the battle of Eutaw Springs, in 1781, Lieutenant-colonel Tarlton lost a considerable part of his right hand. After his return home, he published "a history of the campaigns of 1780 and 1781, in the southern provinces of North America," 4to., 1787.

In the house of commons he uniformly sided with the opposition; and, in consequence, the tory party endeavoured to prevent his re-election in 1796. Their candidate was his own brother, John Tarlton, Esq., who had sat in the preceding parliament for Seaford; but the tactics of the general were too powerful for him. In 1802 he was again opposed, but triumphed as before.

In 1806 the late Mr. Roscoe was returned in his room; but in 1807 he was again elected, and finally gave place to Mr. Canning in 1812.

From the peace of 1783 to 1788, he was on half-pay as Lieutenant-colonel-commandant of cavalry. In 1790 he attained the rank of colonel, and in 1794 that of major-general. On the 1st of Jan., 1801, he received the rank of lieutenant-general, and shortly afterwards he was sent to the command of the southern district of Ireland, where he remained until the treaty of Amiens. Soon after the renewal of hostilities, he was again despatched to Ireland as second in command; whence he was removed to the Severn district, which he held for six years. He obtained the rank of general Jan. 1, 1812.

LORD EXMOUTH. Feb. 6th, at Teignmouth, Edward Pellew, Viscount Exmouth, aged 76. Edward Pellew was born in 1757, at Dover, where the earlier years of his life were spent. His father, Samuel Pellew, of Flushing, near Falmouth, was a Cornish gentleman. He entered the navy before he was fourteen, and his first cruize was in the Juno, Cap. tain Stott. He next went with the same officer, in the Alarm, to the Mediterranean. He next sailed in the Blonde frigate; then in the Carlton schooner, where he had the first opportunity of distinguishing himself; and his conduct in the battle on Lake Champlain gave carnest of his future career. On his return to England, after the convention of Saratoga, he was promoted to the rank of fieutenant. He then joined the Apollo frigate, Captain Pownoll, then off the Flushing coast. In an engage ment with one of the enemy's cruisers, his captain was killed by his side. The command thus devolving on Mr. Pellew, he continued the attack with unabated spirit, till the cruizer took refuge under the batteries of Ostend, then a neutral port. On this occasion, the young lieutenant was made commander of the Hazard sloop. In 1782 he obtained his commission as post-captain, and was transferred to the Salisbury, off the coast of Newfoundland. The war now broke out with France, and his action with the Cleopatra, when in command of the Nymphe, was one of the most desperate ever fought; ending with the signal defeat of the French ship.

The next action, alike courageous and humane, which distinguished this excellent officer, was one which gained him the admiration of the whole civilized world. His rescue of the unfortunate crew, and those on board of the Dutton, at Plymouth, was an act of self-devotedness and heroism such as it would be difficult to surpass. The corporation of Plymouth testified their sense of his noble conduct by presenting him with their freedom. Sir Edward Pellew was soon afterwards advanced to the dignity of a baronet, and appointed to the command of the Indefatigable. He next served on the expedition against Ferrol; and in 1802 the Impeteux, which he then commanded was dismantled. About this time Sir Edward was nominated a colonel of the marines, and in the same year returned member for Barnstable. On the renewal of the war, he was appointed to the Tonnant, promoted to the rank of Vice Admiral, and finally named to the important office of Commander-in-Chief in India.

Sir

Edward Pellew was next employed in the blockade of Flushing, and then Commander-in-Chief in the Mediterranean during the remainder of the war. In 1814 he was raised to the peerage by the title of Baron Exmouth, of Canonteign, in the county of Devon; immediately after he became Admiral of the Blue, and in 1815 was made a K. C. B. On the return of Napoleon from Elba, his lordship proceeded to his command in the Mediter ranean: assisted in the restoration of Joachim, King of Naples; in reducing the rebellious Toulonese; and concluded treaties with Algiers, Tunis and Tripoli, for the abolition of Christian slavery. On his return to England, he found that the Algerines had violated the treaty in the most flagrant manner. Government deeming it necessary to inflict signal chastisement on the refractory Dey and his nest of pirates, his lordship embarked on board the Queen Charlotte for Algiers. The records of the memorable battle of Algiers are well known. In this action Lord Exmouth was slightly wounded in the leg and the cheek, and his coat was cut to pieces by grape and musket balls. Lord Exmouth's conduct and bravery were rewarded by the thanks of both houses of Parliament, and he was raised to the rank of Viscount. After Sir Thomas Duckworth's demise he was appointed to the chief command at Plymouth; but since the year 1821, he had retired from public service. He enjoyed a pension of 20001. per annum for his naval services, conferred on him by Act of Parliament.

EARL FITZWILLIAM.

William Wentworth Fitzwilliam, Earl Fitzwilliam, died on the 9th of February, 1833, at Milton House, Northamptonshire.

This amiable and estimable nobleman is entitled to a distinguished notice in American biography-if American biography may embrace those, who like Lafayette, favoured our cause, although foreigners to our soil. Lord Fitzwilliam was known by his early patriotic opposition to the ministerial measures tending to subjugate this country; and was through a long and a spotless life, the uniform friend of freedom and humanity.

He was born May 30th, 1748, and succeeded to the earldom and a large patrimonial estate by the death of his father, when he was only eight years old. His education was commenced at Eaton School, where he was classmate with Charles James Fox, with whom he formed

an intimacy which was never interrupted, but which was ripened with their after years; and where the developement of his uncommon youthful virtues drew forth an affectionate tribute, which has been often quoted, from the contemporary muse of his poetical friend, the Earl of Carlisle. He was conspicuous at school for those benevolent qualities, carried there almost to excess, which being moulded in his constitution became tempered into habit; and blended also, with high degrees of firmness, intrepidity and independence, made the basis of his character. He pursued his studies with success at the University of Cambridge; and after passing through the most thorough preparation of manly and elegant accomplishment for all the duties of his future sphere, he took his hereditary seat in the House of Peers at the interesting period in American affairs of 1769.

His entry into political life was upon the pure principles marked out by his illustrious maternal uncle, the Marquis of Rockingham, whose plan was to establish an administration upon the honest original policy of the whig party, free from the dominion of cabal, court influ. ence and intrigue, and especially the well known political mystery of the double cabinet. Lord Fitzwilliam united himself with other sagacious and patriotic statesmen of that period, under this virtuous leader, in opposition to the pernicious policy of Lord North; and he bore an able and efficient part in the body to which he belonged, by the motions he introduced and the zealous support he afforded to the measures of his political friends, thus contributing to the ultimate overthrow of that disastrous administration, on whose downfall depended the pacification which was necessary to complete the independence of America.

To the administration subsequently formed by the Marquis of Rockingham, Earl Fitzwilliam, who, however, did not occupy a place in the cabinet, gave his cordial support. The death of that eminent nobleman in the course of the year succeeding the treaty of peace with the United States, devolved his vast wealth upon his worthy relative, who well inhe rited all that belonged to that generous and lamented friend of America, excepting the title, which has been suffered to lie dormant, although it could not have rested upon a more kindred representative.

The division which ensued on the death of the prime minister, among the

surviving members of that able but shortlived administration, through the instrumentality attributed, with whatever ju tice, to Lord Shelburne, became the subject of severe rebuke and animadversion from Lord Fitzwilliam. "Does the King," says he, among other indignant remarks," need a confessor, and master of ceremonies both in one? Let him choose the Earl of Shelburne. I know no one who can quibble more dextrously, or bow more gracefully." It was the resentment raised by the unexpected elevation of this last mentioned nobleman to the station which had been occupied by Lord Rockingham, connected as the movement was believed to have been with court artifice and interference, which led to the uncongenial and inauspicious combination of all the elements of opposition against the administration of Lord Shelburne, to which the star of the second Pitt owed its early rise and rapid ascendency. Such a coalition of parties, it may be observed, was not without a precedent, under circumstances somewhat parallel, in the confederacy which was formed between the elder Pitt himself, and the Duke of Newcastle, and followed by the most splendid epoch in English annals after the triumphant co-operation of Godolphin and Marlborough. Under the temporary arrangement referred to, Earl Fitzwilliam supported the celebrated project of Mr. Fox for the direction of East India affairs, and was himself designated to the presidency of the Board of Commissioners, in which the general powers of provincial government over that part of the empire were vested. It was the fate of this certainly remarkable and original measure to yield to the alarm excited in the mind of the sovereign against it as a meditated invasion of the constitutional prerogative. This regal apprehension put an end to Mr. Fox's administration.

It is settled at this day by historical evidence beyond doubt, that all the endeavours and arrangements ofthe whigs to obtain power during the reign of George III. were constantly frustrated and defeated by the watchful purposes of that monarch, imputed to the early lessons of Lord Bute, from whom he imbibed his leading maxims of government, to avail himself always of the first opportunity to liberate himself from what he considered the thraldom of their councils. This unceasing vigilance extended also, to any incidental attempts to obtain either relief or reform upon whig principles, and led eventually to the resignation, or more pro

perly rejection of Mr. Pitt himself, for disturbing the catholic question, as well as to the early abandonment of his father's principles and his own to acquire his sovereign's favour.

These discomfitures from time to time were alleviated by the hopes entertained from the more liberal influence exercised over the mind of the heir apparent ; according in some manner to the proscriptive law of the house of Brunswick, which placed the Prince of Wales in political opposition to his father.

The prospects from this quarter, which were early shadowed by the dissipated tastes of this otherwise promising prince, and the spell which his thirst for pleasure threw over his talents and and accomplishments, became finally extinguished under the despotic influence of the epicurean propensities of the royal voluptu

ary.

In the part taken by Mr. Fox, Lord Fitzwilliam and their distinguished associates, relative to the Regency question, it seems probable that they were influenced by political sympathy and personal predelictions, in regard to the measure of authority they were disposed to claim for the hereditary successor to the sovereignty, as much as by strictly constitutional principles. In the warmth of debate upon this exciting subject, it is stated that Lord Camden and Lord Fitzwilliam mutually retorted upon each other with some piquancy a tendency to republican principles. In the arrangements contemplated by the whig party on this interesting and extraordinary occasion, it was intended to invest Earl Fitzwilliam with the viceroyalty of Ireland. The increasing importance of that high charge was beginning to engage more deeply the patriotic concern of the true friends of both parts of the empire; and Lord Fitzwilliam was indicated to that office, both by his extensive property in the island and the opinion prevailing among the inhabitants of the virtues of his character, evinced in a particular manner by his liberal and benevolent treatment of his own tenantry, between whom and himself he admitted none of that class known by the denomination of middle-men. The effect of such a happy designation, however, was postponed to a period when it was not permitted to be tried under equally favourable auspices. Upon the recovery of the king, a magnificent reception was given by earl Fitzwilliam to the heir apparent at Wentworth House in Yorkshire, with national

games, rural sports, fetes and other ac companiments, in the most abundant and splendid style of ancient English hospi tality; of which the habit was continued, it may be observed, in a manner suited to the advancing years of the venerable nobleman, to the last periodical occasion previous to his decease.

The French revolution now came to cast the apple of discord among the friends of liberal principles. Mr. Burke, who had been in the cherished confidence of Lord Rockingham, and his coadjutor in parliamentary and ministerial affairs, was also the political preceptor of Earl Fitzwilliam. The character of that great practical philosopher, splendid as it is acknowledged to have been on the score of intellectual power, has not been sufficiently comprehended by those who have been principally struck with the parts which it was alloted to him to take, at different pe riods, and under distinct and widely marked states and conditions, in the circumstances of his own country and the world. These different postures in which he was thus placed, were undoubtedly rendered more striking and set in stronger relief by those bold and broad generalizations which he was in the habit of employing, and by his custom of dealing with subjects of momentous and absorbing public interest, according to their existing pressure and importance, more than according to their purely speculative, academic and syste matic relations. He treated things of this nature in their true character of polities, and not as metaphysics, while he was al ways master of a manner the most dialectic and philosophical. His grand and powerful abstractions grew out of his profound perception of original, essential principles; and they were invariably attendent upon those great practical interests and pressing concerns of mankind with which it was his fortune, both as a statesman and a legislator, to be pre-eminently conversant. The portentous aspect of the times acting upon a temperament of peculiar acuteness, increased by the falling shadows of age, probably imparted some exaggeration to the objects of his mental apprehension, as it unquestionably added extraordinary energy to his accusing and averting eloquence. But with vast interests in view and great events advancing, his mind was inspired and expanded by the occasion. He looked abroad upon the large expanse of ages; and on a theatre more spacious, with a power mor: copious and more absolute

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