The United States oracle of the day — Portsmouth, N.H., 1800-05-24 00:00:00, page 1

See. 37* A ND be it further enabled, That if any
creditor, or pretended creditor of
any bankrupt, shall exhibit to the cammiflion
#s any fiditious or faife debt, or demand, with
intent to defraud the real creditors of such
bankrupt, and the bankrupt shall refufe to make
discovery thereof, and fuffer the fair creditors
to be imposed upon, he shall lose all title to the
allowance upon the amount of his effeft, and
to a certificate of difeharge as aforefaid, nor
shall he be entitled to the said allowance or cer
tificate, if he has loft, at any one time fifty dol
lars, or in the whole three hundred dollars, as.
ter the passing of this a&, and within twelve
months before he became a bankrupt, by any
manner of gaming or wagering whatever.
Sec. 38. stnJ be it further enabled, That if any
bankrupt, who shall have obtained his certifi
cate, shall be taken in execution or detained iu
prison, on account of any debts owing before
he became a bankrupt, by reason that judg
ment was obtained before Such certificate was
allowed, it shall be lawful for any of the judges
of the court wherein judgment was so obtained,
or for any court, judge, or justice, within the
diftridl in which such bankrupt shall be detained,
having powers to award or allow the writ of
Habeas Corpus, on such bankrupt producing his
certificate so as aforefaid allowed, to order any
Sheriff or gaoler who shall have such bankrupt
in custody, to difeharge such bankrupt without
fee or charge,.firft giving reasonable notice to
the plaintiff, or his attorney, of the motion for
such difeharge
Sec. 3ft And be it further enabled. That every
person who shall have bona fide given credit to
or taken feeurities, payable at future days,
from persons who are or shall become bankrupts,
not due at the time, of such persons becoming
bankrupt, shall be admitted to prove their debts
and contrasts, as if they were payable presently,
and shall have a dividend in proportion to the
other creditors, difeotinting where 110 interest is
payable, at the rate of so much per centum per
annum, as is equal to the lawful interest of the
state where the debt was payable ; and the o
bligee of any bottomry or refpondentia bond,
and the assured in any policy of insurance, shall
be admitted to claim, and after the contingency
or loss, to prove the debt thereon, in like man
ner as if the fame had happened before issuing
the commission ; and the bankrupt shall be. dis
charged from such securities, as if such money
had been due and payable before the time of
his or her becoming bankrupt ; and such cred
itors may petition for a commission, or join in
petitioning.
Sec. 41. And be it further enamel, That the
gaoler shall, upon the request of an, creditor,
having proved his debt, and flicwing a certifi
cate thereof, under the hands of the c.ommif
ffiners, which the commissioners shall give with
out fee or reward, produce the person so com
mitted ; and in case such gaoler shall refufe to
ihew such person to foch creditor, requesting
the fame, such person shall be considered as
having escaped, and the gaoler or fheriff so re
fufing, shall he liable as for a u ifful escape.
Sec. 42. And be it further enabled, That where
it shall appear to the said commiffiohers that
there hath been mutual credit given by the
bankrupt, and any other person, or mutual debts
between them at any time before such person
became bankrupt, the assignee or affigne^ of the
estate shall state the account between them, and
one debt may be set off against the other, and
what shall appear to be due on, either fide on
the balance of such account after such set off,
and no mbre, shall be claimed or paid on either
fide refpe&ively>
Sec. 43. And he it farther enabled, That it shall
and may be lawful to and for the assignee or
assignees of any bankrupt's estate and ^hedts,
under the direction of the commissioners, and
by ar.d with the content of the major part in
value of loch of the said bankrupt's creditors,
as shall have duly proved their debts under the
commission, and shall be present at any meeting
of the said creditors, to be held in pursuance of
due and public notice for that pufyofe given,
to submit any difference or dispute for, or: ac
count of, or by reafpn or means of, any matter,
cause or thing whatsoever,relating to such bank
rupt, or to his or her estate or effeds, to the
final end and determination of arbitrators to be
chosen by the said commissioners, and the ma
jor part in value of such creditors as shall be
present at such meeting as aforefaid, and the par
ty or parties with whom they shall have such
difference or dispute. and to perform the award
of such arbitrators, or otherwise to compound
and agree the matter in difference and dispute ; ,
aforefaid,in such manner as the said assignee or
Sec. 40. And be it further enabled, That in case
any person, committed by the commissioner's
warrant, Shall obtain a habeas corpus, in order to
be discharged, and there Shall appear any in
fufficiency in the form of the warrant, it Shall be
lawful for the court or judge before whom such
party Shall be brought by habeas corpus, by rule
or warrant, to commit such persons to the fame
prison, there to remain until he Ihall conform
as aforefaid, unless it Shall be made to appear
that he had fully answered all lawful questions
put to him by the commissioners ; or in case
such person was committed for not Signing his
examination, unless it Shall appear that the par
ty had good reason for refufing to Sign the fame,
or that the commissioners had exceeded their
authority in making such commitment ; and
in case the gaoler to whom such person Shall be
committed, Shall wilfully or negligently Suffer
such person to cfcape, or to go without the
doors or walls of the prison, filch gaoler Shall,
lor such offence, being convi&ed thereof, for
feit a sum hot exceeding three thousand dollars
for the use of* the creditors.
Laws of the Union.
Publfaci by Authority.
Sixth Conpref oj the United States,
At the fiift ft ffion, begun and held it the cit) of
Philadelphia, in the ftatc of Pennsylvania,
on Monday the 2d of December, 1799.
CHAPTER XIX.
Am ACT to eftablijh an uniform fiflern of
bankruptcy throughout the United States.
[Continued from our hft,]
===——#— =—T-!^—^^^^ ;— —.—^>. fr^ % _ ..;, ^ :.•,+...
American independence, twenty-fourth year. 'federal government, twelfth Year.
file Wttb States @|g Oracle of @ Dav.
. — —
VORTSMOUTH, N.H. Printed and Published every SATURDAY Morning, by CHARLES 'PEIRCE, Printer of the Laws &c. of
the Laitec States, in New-Hampihire.
SATURDAY, M^Y 24, iSoo. PRICE 1 DOLLAR ;o CENTS Per Annum
OF ALL THE DISPOSiTIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALITY ARE 'INDEFENSIBLE SUPPORTS.
Sec. 47. And be it further enabled. That the
diftrid judges, in each diftrid refpcdively,
Shall fix a rate of allowance to be made to the
commissioners of bankruptcy, as compensation
of Services to be rendered under the commission,
and it Shall be lawful for any creditor, by peti
tion to the district judge, to except to any
charge contained in the account of the commis
sioners : And the said judge, after hearing the
commissioners, may in a fummarv way decide
upon the validity of such exception.
Sec. 48. Aid be it further enabled, That all
penalties, given by this ad for the benefit of the
the creditors, Shall be recovered by the assignee
or assignees by adion of debt, and the money so
recovered, the charges of suit being deduced,
Shall be distributed towards payment of the
creditors.,
Sec. 49. And be it further enabled, That if any
action Shall be brought against any commission
er, or assignee, or other person, having author
ity under the commission, for any thing done
or performed by force of this ad, the defend
ant may plead the general issue, and give this
ad and the Special matter in evidence ; and in
case of a nonfuit, discontinuance, or verdid or
judgment for him, he Shall recover double cofl.
Sec. 50. And be it further enabled, That if any
estate real or personal Shall defeend, revert to,
or become veiled in any person, after he or She
Shall be declared a bankrupt, and before he or
She Shall obtain a certificate, Signed by the judge
as aforefaid, all such estate Shall, by virtue of
this ad, he veiled in the laid commissioners,
and Shall be by them assigned and conveyed to
the assignee or assignees in fee simple, or other
wise, in like manner as above deeded, with
the estate of the said bankrupt, at the time of
the bankruptcy, and the proceeds thereof Shall
be divided among the creditors.
Sec. 51. And be it further enabled, That the
said commissioners Shall, once in every
year, carefully file, in the clerk's office of the
diftrid court, all the proceedings had in every
caf_ before them,and which Shall have been finish
ed,including the comniiffions, examinations, divi
dends, entries, and other determinations of,the
said commissioners, in which office, the final
certificate of the said bankrupt may also be re
corded ; all which proceedings Shall remain of
record in die said office, and certified copies
thereof Shall be admitted as evidence in all courts,
in like manner as the copies of the proceeding,
of the said dillrid court are admitted in other
cases.
bee. 44. And be it further enacted, That the af
figneea shall bp, and hereby are veiled with full
power to dispose of all the bankrupt's eftatc, re
al and personal, at public auction or vendue,
without being fubje& to any tax, duty, impo
sition, or reftriaion, any law to the contrary not
withflanding.
See. 45. And be it further enabled, That if after
any commission of bankruptcy, sued forth, the
bankrupt happen to die before the commission
ers shall have distributed the effeds, or any part
thereof, the comnilflioners shall nevertheless,
proceed to execute the commission, as fully as
they might have done if the party were living.
Sec. 46' And be it further enabled, That where
any commission of bankruptcy shall be deliver
ed to the commiflioners, therein named, to be
executed, it shall and may be lawful for them
before they take the oath or affirmation of
qualification, to demand and take from the
creditor or creditors prosecuting such commis
sion, a bond with one good security, if required,
in the penalty of one thousand dollars, condi
tioned for the payment of the cofls, charges,
and expenses, which shall arise and accrue upon
the prosecution of the said commission. Provided
always, that the expenses, so as aforefaid to be
secured and paid by the petitioning creditor or
creditors, shall be repaid to him or them by the
commiflioners or amgnees, out of the firft mo
nies arising from the bankrupt's estate or effects,
if so much be received therefrom.
Sec. 52. Andbe it further enabled, That it Shall
and may be lawful for any creditor of such bank
rupt, to attend all or any of the examinations
of said bankrupt, and the allowance of the final
certificate, if he Shall think proper, and then and
there to propofc interrogatories, to be put by
the judge or commissioners to the laid bankrupt
and bthers, and also to produce and examine
witnesses and documents before such judge or
commissioners, relative to the fubjedl matter
before them. And in case either the bankrupt
01 creditor Shall think him or herfelf aggrieved
by the determination of the said judge or com
missioners, relative to any n&rial fad, in the
conynencement or progress of the said proceed-,
"'gs, or in the allowance of the certificate afore- .
said, it Shall and may be lawful for cither party
to petition the said judge, setting forth Such fads :
and the determination thereon, with the com
plaint of the party, and a prayer for trial by a
jury to determine the fame, and the laid judge
Shall, in his diferetion, make order thereon, and
award a venire facias to the marshal of tie dif
rcid, reurnable within fifteen days before him,
for the trial of the fads mentioned in the said
petition, notice whereof Shall be given to the
comroiftoners and creditors concerned in the
fame ; at which time the said trial Shall be had,
unless, on good cause Shewn, the judge Shall
give farther time, and judgment being enter
ed on the verdid of the jury, Shall be final, on
the said fads, and the judge or commissioners
Shall proceed agreeably thereto.
Sec. 53. And be it further enabled, That the
commissioners before the appointment of assig
nees, and the assignees after such appointment,
may from time to time make inch allowance
out of the bankrupt's estate until he Shall have
obtained his final discharge, as in their opinion
may be requisite for the necessary Support of
the said bankrupt and his family.
See. ,4. And be it further enabled, That it Shall
be lawful for the major part in value of the
creditors, before they proceed to the choice of
aLignees, to diced jn what manner, with whom,
and where the monies arising by, arid to be
received from time to time out of the bankrupt's
estate, Shall be lodged, until the fame Shall be
divided ameng the creditors, as herein proviU-
assignees under the direction and with the con
sent aforefaid, shall think fir and can agree
and the fame shall be binding on the several
creditors of the said bankrupt, and the said af
figoee or assignees are hereby indemnified
for what.they ihall fairly do according to the
directions aforefaid.
Sec. 55. And be it further enabled, That every
matter and thing by this a&, required to be
done by the comnnffioners of any bankrupt,
shall be valid to all intents and purposes, if per
formed by a majority of them.
Set. 56. And be it further enabled. That in all
cases where the aflignees shall prosecute any
debtor of the bankiu t for any debt, duty %
demand, the commission, or a certified copy
thereof, and the alignment of die commiflion
ers of the bankrupt's estate, shall be conclusive
evidence pf the iffuitig the commffion, and of
the person named therein, b^ing a trader and
bankrupt, at the time mentioned therein.
, Sec. 5/ And be it further enabled, That every
person ^obtaining a difeharge from his debts,
by certificate as aforefaid, granted under a coni
miffion of bankruptcy, shall not, on any future
commiffion^ be entitled to any other certificate
than a difeharge of his person Inly ; unless the
nett proceeds of the estate and effects of such
person so becoming bankrupt a second time,
shall be fufficient to pay seventy five per cent,
to his or her creditors on the amount of their
debts refpedtively. ,
See. 58. And be it further enabled, That any
creditor of a person, against whom a commis
sion of bankruptcy shall have been sued forth,
and who Shall lay his claim before the commis
sioners appointed in pursuance of this ad, may
at the fame time declare his Unwillingness to
submit the fame to the judgment of the said
commissioners, and his wilh that a jury may be
impannelled to decide thereon : And in like
manner the assignee or assignees of such bank
rupt may object to the consideration of any
particular claim by the commissioners, and re
quire that the fame ffiould be referred to a ju
ry. In either case, such objection and request
shall be entered on the books of the commis
sioners, and thereupon an issue shall be made
up between the parties, and a jury shall be im
pannelled, as in other cases, to try the fame in
the circuit court for the district in which such
bankrupt has usually resided. The verdid of
such jury shall be fubjed to the controul' of the
court, as in suits originally instituted in the said
court, and when rendered, if not set aside by
the court, shall be certified to the commissioners,
and shall 'ascertain the amount of any such
claim, and such creditor or creditors shall be
considered in all refpeds as having proved
their debts under the commission.
- [To be Continued.]
Important Address
, , PHILADELPHIA, MAY 3.
CTRCUIT COUR Tof the U. States.
YES fERDAY, fenterice of death
was palfed on Fries, Hainey and
Gettman, convicted of treason in the
Circuit Court of the United States -
Upon this awful occasion, Judge Chace
addrefled Fries in the following man-
net—
[After observing to Hatney and Gettman, that
-what be bad to fay te Fries mould apply generally
to them, the fudge proceeded :]
'JOHN FRIES,
You have been already informed, that
you flood convicted of the treason,
charged upon you in the indictment on
which you have been arraigned, ofle
vying war against the United States.
You have had a legal, fair and impar
tial trial, with every indulgence that
the law would permit. Os the whole
• pannel, you peremptorily challenged
thirty-four, and, with truth, I may ty,
that the jury who tried you, were of
your own feleftion and choice. Not
one of them before had ever formed
and delivered any opinion refpefting
your guilt or innocence. The verdict
of the jury against you was founded on
the testimony of many credible and un
exceptionable witnesses. It was ap
parent from the conduce of the jury,
when they delivered their verdict, that
if innocent, they would have acquitted
you with pleasure ; and that they pro
nounced their verdict against you with
great concern and reluctance, from a
lehfe of duty to their country, and a
lull conviction of your gull
The crime of which you have been
found guilty, is treason : a crime, con
sidered, in the mod civilized and the
most free countries in the world, as the
greatest that man cart commit. Itis a
crime of so deep a dye, and attended
with such a train of fatal consequences,
that it can receive no aggravation ;
yet the duty of my Ration requires,
that I Should explain to you the na
ture of the crime of which you are con
vicled; to Shew the necessity of that
justice, which is this day to be admin
istered ; and to awaken your mind to
proper,.reflections, and a due sense of
your own, condition, which I imagine
you must have reflexed upon during
your long confinement.
You are, a native of this country-^
You live under a constitution (or form
of government) framed by the people
themselves—and under laws made by
your representatives, faithfully execut
ed by independent and impartial judg
es. Your government fccures to every
member of the community equal liber
t/and equal rights—by which equali
ty of liberty and rights I mean that ev
ry perfon(without any regard to wealthy
ed ; to which direction every such assignee and
affi ;nees shall conform as often as three hundred
dollars shall be received.
rank or Ration) may enjoy an equal
share of civil liberty, an equal protec
tion of law, and an equal security for
his person and property. You enjoy
ed (in common with your fellow citi
zens) all these rights.
If experience mould prove that the
constitution is defective, it provides a
mode to change or amend it, without
any danger to public order, or any in
jury to social rights.
If Congress from inattention, error
in judgement, or want of information,
should pass any law in violation of the
constitution ; or burthenfome, or op
apreflive to the people, a peaceable, fafe
and ample remedy is provided by the
constitution. The people themselves
have established the mode by which
such grievances are to be redressed ;
and no other mode can be adopted
without a violation of the constitution
and of the laws. If Congress should
pass a law contrary to the constitution,
such law would be void, and the courts
It is almoftincredible, that a p4>-
ple living under the best and mildest
givernment in the whole world, Should
not only be diffatisfied & discontented,
but Should break out into open refin
ance and opposition to its laws.,
she infurre&ion in 1794, in the four
western counties of this State (particu
lilarly in Washington) to oppose the
execution of the laws of the United
States which laid duties on Stills, and
Spirits divided, within the U. States, is
still freSh in memory :—lt originated
from prejudices and misrepresentations,
industriously disseminated and diffufed
against those laws. Either persons
difaffe^ed to our Government or wish
ing to aggrandize themselves, deceived
and milled the ignorant and uninform
ed class of the people. The opposition
commenced in meetings of the people,
with threats against the officers, which
ripened into a& of outrage against
them, and were extended to private
citizens—Committees were formed to
systematize and inflame the Spirit of op
position. 'Violence succeeded to vio
lence, and the Collector of Fayette
county was compelled,,to surrender his
rommiflion and official books ; the
dwehing-houfe. of the Infpedor (in the
vicinity of Pittfburg) was attacked and
burnt ;. and the Marshal was Seized,
and obtained his liberty oh a promise
to serve no other process on the Weft
fide of the Allegany Mountain. To
compel fubmiflioii to the laws, the
Government were obliged to march
an army against the Insurgents, and
the expence,~as above one million one
hundred thousand dollars. Or the
whole number of infiirgen(s (many
hundreds) only a few were brought to
trial ; and of them only two were
Sentenced to die (\ ig°l and Mitchell)
and they were pardoned by the late
President. Although the Inffirgents
made no refinance to the army sent a
gainSt them, yet hot a few of our troops
loft their lives in consequence of their
great fatigue, and exposure to the se
verity of the season.
This great and remarkable clemency
of the Government had no effect upon
you, and the deluded people in your.
of the United States possess complete
authority, and are the only tribunal to
decide, whether any law is contrary to
the constitution. If Congress should
pass burthenfome or oppressive laws,
the remedy is with their constituents,
from whom they derive their exigence
and authority. If any law i$ made,
repugnant to the voice of a majority of
their constituents, it is in their power to
make choice ts persons to repeal it ;
but until it is repealed, it is the duty of
every citizen to submit to it, and to
give up his private sentiments to the
public will. If a law burthenfome, or
even oppressive in its nature or execu
tion. is to be opposed by force, and 0-
bedience cannot be compelled, there
mutt soon be an end to all government
in this country. It cannot be credited
by dispassionate men, of any informa
tion, that Congress will intentionally
make laws in violation of the coaftitu
tion, contrary to their sacred trust and
solemn obligation to support, it. N@ne
can believe, that Congress will wilfully
or intentionally, impose unreasonable
and unjust burthens on their couftitu
ents, in which thejfauft participate—
The most ignorant rhan must know,
that Congress can make no law that
will not affeffthem equally in every re
fped, with their constituents. Etery
law that is detrimental to their constit
uents, mud prove hurtful to them
selves. From these considerations, ev
ery one may fee that Congress can
have no interest in opprefling their fel
low citizens.
neighbourhood.' The rife, progreA
and termination of the late insurrec
tion, Gear a Strong and Striking analogy
to the former—and it may be remem
bered, that it has £oitthe Unicej
States go, coo dollars. It cannot es
cape observation, that the ignorant
and uninformed, are taught to com
plain of taxes which are necessary for
the support of Government, and yet
they permit themselves to bi Seduced,
into insurrections, which have so enor
mously increased the public burthens,
of which their contribution can Scarce
ly be calculated.
When citizens combine and assemble,
with intent to prevent, by threats, in
timidation and violence, the execution
of the laws, and they actually carry
such traitorous defighs into execution;
they reduce the government to the al
ternative of prostrating the laws before
the Insurgents, or of taking necessary
measures to compel fubmidion. No
Government can hesitate. The expence
and all the confequenees therefore, are
not imputable to the Government, but
to the Insurgents. The mildness and
lenity of our Government are as Hrik
ing on the late as on the former infur
region—Of nearly ijo persons, who
might have been put on in their trial
for Treason, only five have been prose
cuted, & tried for that crime.
In the late infurredion, you, John
Fries, bore a confpicucus and leading
part. If you had reflexed, you would
have seen, that your attempt was as
weak as it was wicked. It was the
height of folly in you to suppose, that
the great body of our citizens, bleft in
the enjoyment of a free Republican
Government, of their own choice, and of all
rights civil and religious—secure in their per
sons & property, and conscious that the laws arc
the only security for their preservation from vi
olence, would not rife ,up as one man to oppose
and crush so ill founded, so unprovoked an at
tempt to dilluib the public peace arid cran^uil
ity. If you could, fee in a proper light your own
folly and wickedness, you ought now to bless
God that your infurre&ion was so happily and
speedily quelled, by the vigilance and energy
of our Government, aided by the patriotism and
activity of our fellcw-citizens, who left their
homes apd business, and embodied themselves
in the support of its laws.
The annual necessary expenditures for the
fapport of an extensive government like our%
must be great, and the sum required can only
be obtained by taxes or loans. In all countries
the levying taxes is unpopular, and a fubjett of
complaint. It appears to me that there was not
the ieaft pretence of complaint against, much
less of opposition and violence to the law for
levying taxes on dwelling-houses; and it be
comes you to reflect, that the time you chose to
rife up in arms to oppose the laws of your
country, was when it flood in a very critical fit
nation with regard to France, and on the eve
of a rupture with that Country.
I cannot omit to remind you of another mat
ter worthy of your confideratiou. If the mar
shal, or any of the police, or ary of the four
friends of government who were with him, had
been killed by you or any of your deluded fol
lowers, the crime of murder would have been
added to the crime of treason.
In your feripus hours of reflexion, you ought
to coufider the consequences that would have
flowed from the infurreQion which you incited,
encouraged and promoted in the character of a
captain cf militia, whcfe incumbent duty it is to
Hand ready (whenever required) to assist and
defend the government and its laws, if it had
not been immediately quelled. Violence, op
pression and rapine, deftrudtion, waste, and mur
der, always attend the progress of infurredlion
and rebellion : the arm of the father would
have been raised against the son ; that of the son
against the father; a brother's band would
have been Rained with a brother's blood,; the
sacred bands of friendship would have been bro,
ken, and ail the tics of natural affection would
have been diff ived. $
The end of all puniihment is example ; and
the enormity of four crime requires that a se
vere example Should be made to deter others
from the commission of like crimes In future.—
You have forfeited your life to justice—let me
therefore earneftiy recommend to yod, most so
rioufly to consider your Situation—to take a
review of your past life, and to employ the very
little time you are to continue in this world in
endeavours to make your peace with that God,
whose mercy is equal to his justice. I exped
that you are a chriftian, and as such I address
you. Be assured, my guilty and unhappy fel
low-citizen, that without fcrious repentance of
all your fins you cannot expert happiness in the
world to come ;. and to your repentance you
must add faith and hope in the merits and me
diation of Jesus Christ. These are theoal,
terms on which pardon and forgivenefs ara
promifcd to thole who profefs the chriftianr e
figion. Let me therefore again entreat youto
apply every moment, you have left in contri
tion, sorrow, and repentance. Your day of life
is almost spent, and the night of death faft ap
proaches. Look up to the Father of Mercies/
and God of Comfort. You have a great and
immense work to perform, and but little tiroti
In which you must finilh it. There is no re
pentance in the grave ; for after death comes
judgment , and as you die, so you must be judg
ed. By repentance and faith, 'you areihe ob
jed of God's mercy; but if you will not repent
and have faith and dependence upon the me
rits of the death of Christ, hut die a hardened
and impenitent Sinner, you will be the obje& of
God's justice and vengeance. If you will Sin
cerely repent and believe, God hath pronoun
ced his forgivenefs ; and there is no crime t<4
great for his mercy ^P^. £ .
Although yo^ dust be frilly confined foe
WASHINGTONS L^m