The United States oracle of the day — Portsmouth, N.H., 1801-02-07 00:00:00, page 1

An ACT to incorporate a company by the
name of the proprietors of the fourth Turn
pike Road in New-Hampshire.
I,E it rrjl^f 6, the Senate and House of Repre
fentutives in General Court convened. That
Elisha Paine, Russel Freeman & Constant Storrs
and their associates and fucccffors, be, and they
are hereby incorporated and made a body cor
porate and politic, pnder the name of the Pro
prietors of the fourth Turnpike Road in New-
Hampshire, and in that name may sue and pro
fecute, and be sued and prosecuted to final
judgment and execution, and (hall be and here
by are veiled with all the powers and privileges
which by law are incident to corporations ofa
similar nature.
And be it farther enabled. That the
said Elilha Payne or Russell Freeman
(hall call a meeting of said proprietors,
by advertisement in the newspapers
printed at Concord and Hanover, to be
holden at any suitable time and place,
at least thirty days from theffirft pub
lication of said advertisement, and the
proprietors by a vote of the majority
of those present or represented at said
meeting, accounting and allowing one
vote to each (hare in all cases, shall
choose a clerk, who shall be sworn
to the faithful discharge of said office,
and shall also agree on the method of
calling meetings, and at the fame, or
at any subsequent meetings, may elect
such officers and make and establish
such rules and by-laws as to them shall
seem necessary and convenient for the
Regulation and government of said cor
poration, for carrying into effect the
purpose aforefaid, and for collecting
the tolls herein after established, and
the fame by-laws may cause to be exe
cuted,and annex penalties to the breach
thereof, provided the said rules and by
laws are not repugnant to the Consti
tution and laws of this State ; and all
representations shall be proved by writ
ing, Signed by the person to be repre
sented, which shall be filed with the
clerk, and this aft, and all rules, regu
lations and proceedings of said corpo
ration, shall be fairly and truly record
ed by the clerk, in a book or books
provided and kept for that purpose.
And be it further enacted, That the
laid corporation are empowered tb sur
vey, lay out, make and keep in repair
a turnpike road of four rods wide, in
foch rout or tracks as in the best of
their judgment and skill, shall combine
shortness of diflance with the most prac
ticable ground from the East bank of
Connecticut river in the town of Leba
non, nearly oppefite to the mouth of
White river, eaftwardly to the Well
bank of Merrimack river in the town
of Salfbury or Bwfcawen, and also to
furv^y, lay out, make and keep in re
pair as aforefaid a turnpike road four
rods wide, from the East abutment of
White river falls bridge in Hanover,
fotitheaftwardly,„'till it ihterfe&s the
road firft mentioned, and to be a
branch thereof.
And be it further enafied, That if said
proprietors and the owners ofland o
ver which the road may run, shall dis-
Agree on the compensation to be made
for said land, and the building or build
ings thereon standing, and shall not a
gree in appointing persons to afeertain
such compensation—the Judges of the
Superior Court of Judicature, holden
within and for the county in which
fiid land lies, upon the application of
said proprietors, or of the owner or
owners of such land, reasonable notice
of such application having been given
by the applicants to the adverse party,
ffiall appoint a committee who shall
afeertain the fame, in the fame way
as compensation is made to owners of
land for high ways as usually laid out,
and execution, on non-payment, shall
issue against said proprietors of course.
And be if further enaßed, That the corporation
may ere& and fix such and so many gates or
turnpikes upon and across said road, as will be
jecetfary and fufficient to collect the tolls and
duties herein after granted to the said company,
from all persons travelling in the fame with
hoffes, cattle, carts and carriages.
Andbe it further enacted, That it shall
bd lawful for said corporation, to ap
point such and so many toll gatherers
a^ they (hall think proper, to colled
ahd receive of, and from all and every
person or persons using said roads, the
toll and rates herein after mentioned,
and to prevent any person riding, lead
ing dr driving any horse, cattle, hogs,
sheep, fulkey, xhair, photon, coach, cha
riot, cart, waggon, sleigh, fled or other
carnage of burthen or pleaftire,,from
pacing through the said gates or turn
pikes, until they shall have refyedively<
paid' the. fame, that is to fay, for every
mte df said @d, and so in proportion
Laws of N. Hampshire.
ACTS ,$d at a fefonof the Honorable Gen
eral Court, convened at Concord, Dec. 1800.
PORTSMOUTH, N.H. Printed and Published every SATURDAY
the United States,
AMERICAN INDEPENDENCE, TWENTY-FIFTH YEAR.
OF ALL THE DUFOURAMD HABITS WHICH LEA d TO rOUTICAi PROSPERITY, RELIGION AND MORALITY A iE J NDISPENSIBAE SUPPORTS WASHINGIOWs L EGACG
<be United ^tate^
SATURDAY, FEBRUARY 7, 1801.
bitant or inhabitants thereof shall have
"the fame right— Provided however, that
such towns and inhabitants refpe&ively,
shall be limited in said privilege of be
coming associates to such number of
the judges of the Superior Court of
Judicature, that they have expended
said sum of fix hundred dollars, on each'
mile, or a proportionable sum as afofe
faid, the proprietors (hall have the li
berty to ereCt the gates as aforefaid.
And be it further enafted. That each
of the towns througli which said road
shall be laid, (hall have a right, and bf
permitted to become an associate with
the original proprietors in said cor
poration ; and in case of the refufal or
Provided, that nothing in this ad shall
extend to entitle the said corporation
to demand toll of any person, who shall
be parting with his horse or carriage to
or from public worship, or with his
horse, team or cattle, or on foot, to or
fram any mill, or on their common or
ordinary business of family concerns,
within the tbwn where such person be
longs.
And be it further enacted, That the
said proprietors are hereby empowered
to purchase and hold in fee simple, so
much land as will be nece@ry for said
tiirnpike road, and the (hare or (hates
of any of said proprietors, may be trahf
ferred by deed duly executed and ac
knowledged, and recorded by the clerk
of said proprietors bn their records ;
and the (bare or shares of any proprie
tor may be fold by said corporation,on
non-payment of assessment duly made,
agreeably to the by-laws that may be
agreed upon by the said corporation.
And be it farther erased. That no toll
shall be taken by said corporation for
any mile of said road, until fix hundred
dollars shall have been expended there
on, or a proportionate sum upon the
whole number of miles, reckoning from
said East bank of Connecticut, river,
to said Weft bank of Merrimack river,
where said road shall terminate.
pike gates, on ground adjacent thereto,
said ground not being a public high
way, with intent to avoid the payment
of the toll due by virtue of this ad, such
person shall forfeit and pay three times
so much as the legal toll would have
been, to be recovered by the treasurer
of said corporation, to the use thereof,
in an adion of debt or on the case ;
And be it further enabled, That said
corporation may be indicted for defect
of repairs of said road, after the toll
gates are erected, and fined in the fame
way and manner as towns are by law
finable for fuffering roads to be out of
repair, and said fine may be levied on
the profits and tolls arising or accruing
to said proprietors :— Provided neverthe
-Is, and be it farther enaßed, That if said
turnpike road shall in any part be the
fame with any highway now used, it
shall not be lawful for said Corporation,
to ereCt such gate or turnpike on or a
cross said patt of the road, that now is
used and occupied as a public highway,
any thing in this act to the contrary
notwithstanding.
And be it further enafted. That ^fierf
said proprietors shall make it appear t 6
not attend his duty, the gates shall be
left open, and if any person shall, with
his carriage, team, cattle or horses turn
out of said road, to pass the said turn-
oxen or horse ; for each sleigh drawn by
one horse, three fourths of one cent; if
drawn by two horses, one and an half
cents ; and if by more than two horses,
half a cent for every additional horse ;
for each fled drawn by one horse, half
of one cent ; for each fled drawn by two
horses or a yoke of oxen one cent ; and
if by more than two horses or one yoke
of oxen, one cent, for each additional
pair of horses or yoke of oxen :—And
at all times, when the toll gatherer shall
neglect of any such town, any inha-
wa gg on , cart or other carriage of bur
then drawn by two beads, one and art
half cents ; if by more than two hearts,
ole cent for each additional yoke of
for any greater or less distance, or great
er or smaller number of sheep, hogs, or
cattle, viz. For every fifteen sheep or
hogs, one cent ; for every fifteen horses
or cattle, two cents ; for every horse and
his rider or led horse, three fourths of one
cent ; for every fulkey or chair with one
horse and two wheels one and an half
cent ; for every chariot, coach, stage,
waggon, photon cr chaise with two
horses and four wheels, Qhree cents ; for
either of the carriages last mentioned
with four horfes,Jour cents ; for every
other carriage of pleasure, the like fumil
according to the number of wheels and
horses drawing the fame , for each cart
or other carrige of burthen with wheels,
drawn by one bead one cent ; for each
citation for the security which the Fe
deral Government has hitherto afford
ed to our internal tranquility ; a bles
sing, which had the old confederation
May it pleafc your Excellency,
THE Senate of Massachusetts re
ceive with great fatisfaCtion your Ex
cellency's address to both Houses of
the Legislature. We confider it as af
fording new proofs, n6t only of the
wisdom, but of the purity of intention
by which you are governed.
We have abundant cause of grati
tudefor the general health and uncom
mon prosperity enjoyed by our fellow
citizens throughout the Commonwealth'.'
We shall cheerfully contribute our vi
gilant and faithful endeavours, to pfe
ferve their present advantages, and pro
~mote their lading reputation and inter
est ; to check the alarming growth of
I vice and impiety ;,to cheriffi the insti
tutions for moral inftruCtion, and the
education of youth ; and to maintain
the principles of justice, and provide for
its equal administration in every part of
the Commonwealth.
As the happiness of the great body
of the people of the United States, is
infeperably connected with the welfare
and prosperity of the community, it
needs only that they be correctly inform
ed, to remove grpufidlefs prejudices,
and to extinguish the spirit of party and
undue attachment to any foreign coun
try,; and to induce a confifteUcy and
uniformity of national character.
. The conduct of the government of
the United States towards the nations
of Europe, has been uniformly marked
with rectitude and moderation. And
the wisdom of those measures of, mari
time defence/ which the injuftic^ and
jealousy of the contending nations, have
compelled us to resort to, is verified in
their effects, which have not only justi
fied the expectations of the most san
guine, but must also have created a
general confidence in the fyfterti which
has been so happily fuccefsful.
We have equal cause of mutual feli-
(hares, as dial! bear the fame propor
tion to the whole number of (hares, as
the number of miles of said road with
in such town, (hall bear to the whole
number of miles of said road—Provid
ed also, that such towns and inhabitants
shall accept the privilege hereby reserv
ed, and become associates, by making
application for that purpose, to the di
rectors, or clerk of said corporation, or
in case no directors or clerk, shall then
be appointed to the original proprietors
within three months after the public
notice herein after directed, shall have
been given by said corporation.
And ^ it farther eniaed, That said corpora
tion shall immediately after the rout of said
road shall be marked out and established, cause
public notice thereof to be given by advertising
the fame, three weeks fuccefllvely in the news
papers printed at Concord and Hanover.
And be it further enabled, 1 hat at the end of
every fix years after the setting up any toll gates,
an account of the expenditures upon said road,
and the profits arising therefrom, shall be laid
before the legislature of this State, under for
feiture of the privileges of this a& in future, and
a rigit is hereby reserved to said legislature to
reduce the rates of toll, before mentioned, as
they may think proper, so however that if the
neal profits shall not amount to more than 13
per cent per annum, the said rates of toll shall
not be reduced. — Provided ntvertbelefs, and be it
further enaßed, That whenever the neat income
of the toll shall amount to the films which the
proprietors have expende&on said road, with
twelve per cent 011 such sums, so expended from
the times of their actual difburfments, the said
road with all its rights, privileges and appur
tenances,fhall revert to the State of New-Hamp
shire, and become the property thereof to all
intents & purpefes, any thing in this a& to the
contrary notwithstanding. ,
And be it further enacted, that if in fix years,
the said road shall net be con,pleated according
to the provision of this add, every part 8c clause
thereof shall be null and void :— Provided also,
That the State of New-Hampshire may, at any
time after the expiration of forty years from the
palling this ad, repay the proprietors of said
road, the amount of the sums expended by them
thereon, with twelve per cent per aunum, in
addition thereto, deducing the coll actually
received by the proprietors, and in that case the
said road with all its privileges and appurtenan
ces Shall, to all intents and purposes, be the pro
perty of the State of New-Hampshire, any
thing in this a& to the contrary notwithstand
ing.
And be it further enaßed, That the directors
and clerk of said corporation, shall whenever
hereafter required by a committee appointed
for that purpose by the Legislature of this State,
exhibit to said committee, under oath, if requir
ed, a true account of all expenditures upon said
road, and all incidental charges appertaining to
the fame, and also a true account of the toll
received up to the time of exhibiting such ac
accounts, under forfeiture of the privileges of
this a& in future. Approved Dee. 8, 1800.
[concluded.]
Massachusetts Legislature
Anfiuer of the SENATE to the
GOVERNOR'S SPEECH.
Kol. XI.
M.lB.
Morning, by CHARLES PEIRCE, Printer of the Laws &c. of
in New-Hampshire.
The general feene of prosperity and progres
sive improvement exhibited to our view in
the various parts of the Commonwealth, do, in
deed, afford just cause of fatisfadion and mutu
al congratulation. ... <
The fruitfulnefs of the seasons, the fuctefs of
our filherieomd commerce, together with the
general state of health, and many other blessings
of an all bountiful Providence, during the last
year, ought to excite our gratitude ; which will
be much enhanced by a contrast of our Situation
with a great part of Europe, where the horrors
of war have seemed to threaten the extinguish
ment of individual and social happiness.
Rejoicing, as we do, in this state of public
felicity, we Shall at the fame time faithfully en
deavour to secure and perpetuate the interests
and reputation of our constituents; to checlc to
the utmost of our power the growth of vice and
impiety—to cherilh the institutions for moral
inftruaion and the education of youth ; tb
maintain, the principles of justice and provide
for its equal administration in every part of the
Commonwealth. For we believe that religion
and virtue, justice and general information; are
the only fecuritiea of a tree government.
. We cordially unite with your Excellency in
sentiment, that oir obligations to support the
Federal Constitution, require us to attend to na
tional affairs ; to endeavour to diffufe correct
information concerning them among pur fellow
citizens, to remove groundless prejudices, and
difeountenance the spirit of party, and an un,
due attachment to 'any foreign naSiop, and to
do all in our power to ipfteafe the rcfpe&abili
ty of the American charades.
The commencement of the maritime war in
Europe was distinguished by the policy & wisdom
of the General Government. Deciding at once
upon an exa& and impartial neutrality, it had
just cause to expert to preferye our rights un
molested, by its religious fulfilment of treaties
and sacred regard to the laws of nations. But
the jealousy of the belligerent powers, soon led
them to obstruct our commerce, which they
juftified on such pretexts as constrained the gov
ernment to have recourse to our own exertions
for that security, which it in vain expected
from their justice. Accordingly a naval force
was created, the Services of which have restrain
ed depredation, and opened to view refourecs
for a day of Still greater trial. ~.,
We entirely agree with you,Sir, that delicate
and hazardous is the predicament of a neutral
nation. Such a position Cannot generally be
long maintained unleSs by a refpettable armed
force. With such a force at its command, a
neutral nation may most commonly have its
reasonable complaints redressed without being
compelled to the exercise of its energy.
As we are of opinion that the General Gov
ernment, in our foreign relations, has uniformly
aded with moderation, impartiality and wisdom,
so we conceive, that we Should, on this occasion,
negled our public duty, were we not to express
our full approbation of its measures.
All, who Shall 'recoiled the languor and dif
ficulties which pervaded our internal public af
fairs, in the period which Succeeded our revolu
tionary war, and which continued until the es
tablishment of the Federal Government, will be
convinced that we were then utterly unprepared
to meet the great exigencies which have singe
arisen. That the General Government, in a
crisis of the a£h of manlp'nd, has hitherto, ty
the favor of Divine Providence, preserved the
May it please your Excellency,
THE House of Representatives present their
thanks to your Excellency for the import
ant communications you have been pleased to
make in your address to the two branches of the
Legislature.
The several matters of local concern
which yous Excellency has suggested,
shall receive our prompt and serious at
tention. Impressed as we are, with 1
full belief that the force of example,
contributes in an eminent degree, to the
efficacy of the wisest laws, we not only
confider it our duty to attempt to pro
vide such additional regulations as may
be necessary to secure cur constituents
Hi the enjoyment of the fruits of their
labor, against every species ofinjuftice
or opprertion, but, by our personal obe
dience and reaped for the laws of otr
country, to allure our fellow citizens to
yield them a voluntary support. ~
The committee which prepared the
answer, were appointed to present it to
His Excellency the Governor.
continued, we could hardly have hoped
for at this eventful crisis.
And as we have dill a confidence in
the holy oracles of our religion, and
therefore believe that a tree may be
known by its fruit, so we think that no
honed man can pronounce that form of
government to be bad, or that admini
stration wicked or corrupt which under
heaven, has advanced our nation to a
degree of prosperity, to which there is
no.parallel in the hiftory of mankind.
We learn With great fatisfa&ion, the
prbfperous date of the finances of this
Commonwealth, and that our public
debt may be soon cancelled without im
posing any unusual burdens on our cdti
ftitutents.. This desirable date of things
is undoubtedly to be considered as one
of the happy confequcnces of adopting
the federal cohftitution ; without which
pur date government would have been
unable to fatisfy the just claims of their
creditors, but by resorting to modes of
taxation much more inconvenient than
any which the general government have
hitherto found necessary.
®racte of the I^
0 0 0
Answer of the HOUSE to the
GOVERNOR'S SPEECH^
FEDERAL GOVERNMENT, TWELFTH YEAR.
PRIC^ I DOLLAR 50 CENTS Per famum
,Abortive and Stillborn, 580. Abscess, 2%
Aged, 1343. Ague, 3. Apoplexy and sudden
ly, 249 Asthma and Phthific, 663. Bedrid
den, 2. Bleeding, 26. Burften and Rupture,
20. Cancer, 48. Childbed, 131. Colds, 14,
Cholic, Gripes and Twisting of the Guts, B.—
Consumption, 4843. Convulsion, 3794. Cough
& Hooping Cough, 451. Cramp, 1. Croup; 16.
Diabetes, x. Dropsy, 906. Ear-ache, 1. Eat
en by Lice, I. Evil, 5. Fevers of all kinds, 1784.
Fistula, 3. Flux, 5. French Pox, 23. Gout, 91,
Gravel, Stone and Strangury, 11. Grief, 4. —•
Headmoulfhot, Horseshoe head and Water in
the head 75. Jaundice, 78. Jaw Locked. 1.
Impofihume, 1. Inflammation, 435. Itch, i.
Leprosy, T, Livergrown, 10. Lunatic, 107*
Meailes, 123. Miscarriage, 3. Mortification,
219. Palpitation of the Heart, 2. Palsy, NOS.
Fleurify,i4. Qtinfy, 1. RaSh, x. Rheumatism,
3 .Scurvy, 3. Small Pox, 1111. Sorethroat, 12.
Sores and Ulcers, 11. Spasm, 2. Stoppage in
the Stomach,ll. St. Vitus' Dance,!: Swinepox,
%, Teeth, 335. Thrush, 35. Worms, 11. —
Total that have died of the above disorders,
17^6,
1 Casualties—Bit by a mad dog, 2. Broken
Limbs, 4. Bruised, 2. Burnt, 13. Drowned, 99.
Excessive Drinking, 5. Executed, *l2. Found
Dead, 10. Fra&urcd, 2. Frightened, 2. Frozen,
2, Killed by falls and several other accidents, 64.
Killed themselves, 28. Murdered, 3. Poisoned,
6. Scalded, 2. Shot, i. Smothered,!. Starved,
4. Suffocated, 7., Total, 269. In all 18,134.
Christened.—Males, 10186. Females
8884, In all, >8,970.
Buried.—Males, 9046. Females, 9088. —'
In all, 18,134.
Whereof have died.—Under'2 years of age,
5211. Between 1 and 5, 1790. 5 and to,
644. 10 and 20, 573, 20 and 30, 1299.-1
30 and 40, 1724. 40 and 50, 1924. 50 and
60, 1758. 60 and 70, 1565. 70,and 80,1125.,
8o and 90, 456. 90 and 100, 63. iox, 2.—
Decreased in the burials this year, 21.?
*Therc have been executed in Middlesex and
Surly, 25 ; cf which number 12 only have been,
reported to have been buried as such, within the
bills o£. Mortality. • .
.Having received the following corre& ac
count of all the diseases, casualties, deaths, bap
t!fms% burials, &c. in the city of London, in the
year 1799, as returned by all the Physicians,
Ministers, Sextons, Clerks, &c. in each diftrid ;
we think it would be amusing to the numerous
readers of the Oracle.
But through whatever medium the opera
tions of the General Government may be view
ed by others, the House of Representatives free
ly give it as their opinion, that the firft twelve
years of its administration, which have been dir
re&ed in fueceffion by the virtues and talents ot
a WASisr ifoN and an Adams, will for ver
form an honorable and brilliant part of the A,
mericap hiftory. That each succeeding year
may equal or surpass the happiness of the form
er,may increase the affection and consolidate
the good understanding of the citizens of the
refpe&ive States for each other, must be the de
vout wish of every Sincere American !
1 The people of this State will recollect that
when the Federal Constitution was formed,they,
were oppressed with an almost insupportable
weight of taxes, from which they are relieved
by a fcttlement of the public accounts, and the
assumption of the State debts.
The information refpeding the finances of
the State is highly fatisfadory, and when the
Treasurer Shall exhibit a particular Statement
thereof, the fubjed Shall receive the considera
tion its importance merits.•
The report of the Qdarter-Mafter General
shall also be duly noticed, and it affords this
House great fatisfadion to learn, that our mili
tary Stores are so abundant, that our well or
ganized militia,whofe discipline refle&sfo much
honor on the Commonwealth,may be fully Sup
plied, in case the public service Should render it
necessary.;.
The provisions for the suppression of lotteries
not allowed or established by the Legislature ;
the infpedion laws, and the other fubjeds re
commended in your Excellency's communica,
tion, will receive a refppdful attention in the
course of the present session, which we hope
will be conduced with that spirit of candor and
harmony, which you have been pleased to ob
serve prevailed in the former sessions.
We are h^ppy in the reflexion that the rights
and liberties of our fellow-citizens are Secured
by wife Standing laws, Should any measures
occur which will tend to meliorate their con
dition, or increase their Security, we will cheer
fully adopt them. But we are fully sensible
that the wiffft and best laws will not be duly
opferved un.efs they are enforced by the exam
ple of those who make and execute them.
The active p^triotifm and love of order which
have distinguished your Excellency's life, arc
fare pledges of your zealous disposition to co-,
operate in every meafurt calculated to promote
the public welfare.
A newspaper, if such it may be called, is now
printed in New-York, for the profeffed purpose
of disseminating deiftical principles. This out-,
rage upon common decency, we hope, will meet
the pointed deceftation of the citizens of New- q
York, and of every friend to the religion of his
country. Tn the firft number of the paper,?'an
ode to reason" is published, and is said to be
" one of the most prophane, if not blafphemou,
productions" ever published. Sc serious and 0-
pen an attempt at the subversion of Christianity,'
we hope will be crushed in its commencement..
In one number he tells bis reader, that he shall,
prove ",Chrift a l)ift, and no God, from the
scriptures, especially from his own words."
* The devil can cite Scripture for bis purpose
An evil foul, producing holy witness,
lite a villian with'a foiling 'check?'
Citizens of the United States from the unlimit
ed evils of difuhion, and anarchy, will not be
questioned by any candid person, who reflets
on the circumstances of the times. ~
The objections which the opponents of the
administration have brought forward against it,
at various times, are amply refuted, by the pre
sent highly improved condition of the United
States.
Bill of MortaUtyin London, in 1799.
0