United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-08-06 00:00:00, page 1

^f♦^•ATniJTOacMiii . y ■ iwewt *«■»■■>!■ —>—*,* ■»«*■
Law Intelligence.
—o—
^FAYOR} COURTS new. YORK, JUNE 1,.
WOLF, VS &TEDDIFORD ^ MAR3CHALK.
hileYefag to AuHioneers.
HE demand set upin the present
case was for the deferences between the ac
count fir which certain goods fad at auc
tion and their a;ha! value. ahe fads
given in evidence on the part of the
plain?/, r ere in fubßauce as follow :—
the defendants being at once auctioneers
and c@mrns)n merchants, were in the
habit cf receiving goods in both capa
cities. The plaintiff force time fiace,
Laving some shoes and seal flirts on
hand for which he wanted crih, sent
121 pairs of shoes and zofeal skins, the
former invoiced at 2is. 1 pair, the lat
ter at 2cs. each. With these articles
he sent an invoice which he considered
and intended as a limitation of price,
fyut without any other inftruahm. He
galled two witness to prove what was
the value of the articles sent, and that
when goods were thus sent the invoice I
price was confideied as the lowed at I
wpich they were to be fold ; that when|
goods were to be fold at auction it was 1
customary to direct this exprefsly,othciv,
wife it was to be presumed they were
for private f.#e ; r hat in the present in
stance, the directions acre not that the
goods Should certainly be fold at auc
turn.
The defence set up again# the de
mand was, that notwithstanding the
defendants wer* both autiLnerf and
GO'&miffion merchants, yet in the prefect
instance, having no other verbal or writ
ten inftrußions than to fell for cash they
were at liberty to e<ercife ttyr difere
tion as to the mode of sale; that, in all
inllances thev considered themselves as
bound by the orders of their principles
where they were sent; but that, when
goods came without any orders they
cunfideredthemfehes as having a dij
cretion, which however was always to
be used for the best advantage of their
employee. They called a very refperta
bie witness in this line of business, who
Rated in whatlight he should confider
this tritifadion. lor himfelf, he should
pot regard the invoice sent with the
goods in the present case, as importing
any rcLidhon ; tha: all the auctioneers
being ado commitfion merchants, are
In the habit of receiving goods tor pri
yate and. public fate ; that it is very
common for goQds sent for fate atauc.
tionto tie attende^by an invoice,butthat
he never copfidered hirafelt as bound
by the fame ; that, uhea once goers
were put up, he considered them as out
of the auctioneer's cohtroul ; that the
party to whom they belonged might
attend and buy them in, paying the
Rate duty and commiffen, belt that he
confidertd it as ill gal for the atidioncer
to by them in, of course however an
tmpl@~r might limit their price, if
once they were set up at public tale he
considered himfelf in law and zeaf 11
liable only for the amount of sales, de
ducting duty and charges ; that if the
goods were sent to him invioced at a de
finite price., %nd with no other leflrifa m
than tube fold for cash, he fhouid cer
tainly consider his employer as giving
him a dfoetion to fell either at public
or private fate,which however he would
be bound to exercise most for his
employer's benefit.
The counsel for the defendants re
garding this as a clear case, wished to
leave it with the jury without any re
marks, but as the plaintiff's counsel in
tided on making force observations on
foe case, he would only remark, that
it rhe jury were to favor the plain'ifi s
demand, the precedent would go to
reduce every au&oncer in the city to a
Date of immediate bankruptcy ; that
the anient cf goods daily fold at auc
t^r fa this city was fttch, arid the hab
it? i% tianfa&ing bufmefs so loose, that
were theyjn ail instances to be liable
for the differences between the price at
which goods were irvAced?.nd the a
niount of Lies there would soon be an
end of this line of business ; that if any
injury vas fudained by the plaintiff it
yas Ids own fault—lt would have been
Dn e^y matter for him when he sent
these goods to have said, “ fell tbefe at
private fafas per invoice,"or “not for
sole ar auction"—a fugle line would
have Lived as infU^ions^cm which
AMERICAN INDEPENDENCE TWENTY-thVEAT 11 YL.iL.
W^ States
Portsmouth
PORTSMOUTH, N. H. Printed and Published every
^.X/IL] SATURDAY, AUGUST 6, 1803.
Os ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL 1
prosperity, RELIGION & MORALITY are indispensable}'
supports WASHINGTON'; Legacy. J
if the defendants had deviate 1, hey
would no doubt have rendered them
selves liable ; but when goods are sent
to persons who a& in a double capfeci-1
ty as tuftioceers and Commillion Mer
chants, without any directions how theyl
arc to art, as in the case in quedion, it
certainly verts them with a difciedon,l
to do the best they can for their em- [
ployer,in the one capacity or the other.|
In reply, the plaintiff's counsel con- 1
tended,that it had appeared in evidence
that u%n goods were sent to be fold
at auction, it was so expressed, and of;
course when this was not so expressed, ;
they were always to consider,the goods |
as sent to be disposed of at private fate ;
that in the present case he held it to
have beer, the indifpenfible duty of the
defendants, if they had any doubt as to
the extent of their inftrurtions, to have
sent to the plaintiff for an explanation ;
their not doing this, he contended,ren
dered them liable for tlie difference be
tween the invoice price and the amount
of files ; that it would be a dreadful
precedent, if perlons in this line, when ;
goods wbr@ fenc to them for sale with 1
definite prices annexed, were at liberty 1
I to set them up at action, and facrifice !
I them for less than half their value.
The Court, alter Raring, the nature
lof the present artion, observed, that if
1 the jury from the paper produced by
1 the p ain iff, purporting to be an in
voice of the goods lent to the defen
dants for fate, thought it was intended
as a limitation cf price,and as a direction
to fell only at private fate, in that case |
they ought to find for the plaintiff; 1
that such, however, was not the opin-;
ion of the court, they could not confi
der this as a reftriftion ; that it was
as usual to lend goods invoiced at a
%&^ l )r ' c ^ as we ." f° r public aurtion
arftyivate sale, and if in such cases ;
au@hor.eeis were to be liable for the 1
difference between what goods were in-}
voiced at,and what they were fold far, 1
it would be ruinous to thisclafe of ci-1
tizens.
Ihe jury without retiring from the
bar found a verdirt lor the defendants.
Extrarts from Dr. Rush's Enquiry
into the If.lts of Spirituous Liquors, &c.
, ' NUMBER VIL
7, —o—
— are certain classes of peo-1
ple to whom 1 beg leave to fugged a i
caution or two upon the use of fpuitu
cus liquors.
1. Valetudinarians, especially
those who labour under difoiderso. the ;
Ilomach and bowels, are very apt toI
fly th spirits for relief. Let such peo
ple be cautious how they repeat this
dangerous remedy. 1 have known
many men and women of excellent
charaAers and principles, who have
been betrayed by ecca^onil doses of
gin or brandy to ease the cholic, into
a love of spirituous liquors, insomuch
tha. they have afterwards fallen facri
ficies to their fatal effects. So appre*
hriafive am I of the danger of contrac
ting a love for fpiutuous liquors, by
accuftsming the stomach to their Ri
mtfhrt; that I think the fewer medi
cines we exhibit in spirituous vehicles
the better.
7. Some people from living in coun
tries fubjert to the intermitting fever,
endeavour to fortify themfehes against
it by two or three glares of bitters
made with spirits every day. There is
great danger of men becoming sots
from this pra£hce.* Betide, this mode
of preventing intermittents is by no
means a certain one.
A tea fpoonful of Jesuits bark taken
every morning, during the sickly sea
son, has in many instances preserved
whole families, in the rieighoouihood
if rivers and mill-ponds, from fevers
of all kinds. If Jefubs bark cannot
be had, a gill or half a pint of a Grong
infahon of centaury, camomile, worm
ivood, or rue, in water, with a little
calarqus mixed with it, may be taken
with nearly the fame advantage as the
bark every morning.
T'hofe who live in a ficfely part of the
country, and cannot procure the baik
or any of rhe bitteis which have been
mentioned, I would advise to avoid
the morning and evening air in the
sickly months—to kindle fires it their
houses on damp days, and in cool even
ings throughout the whole fampier, rt
to put on woollen clothing about the
firtl week in September. The last part
, of these diurtions applies only ;& the
iW&fc^
inhabitants of the middle Rates. These
;cautions I am persuaded will be more
effertual in preventing autumnal fevers
I than the belt preparations that can be
made from tyue-s in spirits.
I 3. Men, who follow profeffions that
irequire a constant exercise of the mind
I or body, or perhaps bah, are very apt
Ito1 to seek relief from fatigue in fpifimous
Iliquors.lliquors. To such persons I would beg
I leave to recommend the use of fed in.
Read of spirits. This gentle Rimulus,
by reform; etciten ent, removes fa
:tigue,iad invigora e> the whole fydem.
II am no advocate for the general or
I excituve use of ten. When drank too
firong it is huruul, especially to the fe
male constitution ; but when drink of a
moderate degree of Rrength, and in
moderate 4 '.Utilities, with fagar&cream,
1 believe it in general innocent, & at all
times to be preferred to spirituous li
quors. Anthony Benezet, one of the
mat indudrioas school masters I ever
knew, told me that he had been pre-i
served from the love of spirituous li-;
; quors by contrasting a love for tea in !
I early life. Three or four Rifhes takenl
in an afternoon, carried off the fatiguel
I of a Mhole day's labor in his fchocl.—
This worthy gentleman lived to be 71
years of age, and died of an acute dis
ease in the full exercise of all the facul
ties of his mind.
“ I have observed (fays an old and
, " intelligent fed captain) when sailors
' drink tea it weans them from drink
-66 ing ttrong liquors, and grog, & with
} "tea they are form consented. Not so
I " with whatever intoxicates. 1 therefore
;" always encouraged it without their
" knowing why. Coffee and chocolate
" have the fame good efforts."
0
NUMB R VIII.
; CT-, C—
I O every class of my readers, I beg
ileave to fagged a caution again# the
i,ufe of Toddy. 1 acknowledge that £
; have known force men, who by limit-
I ing its drength conftancly by mediating
the spirit and water,and who b, drink
ing it only at their meals, have drunken
toddy for many years without fuffering
in any degree from it. . But 1 have
known many raore who have been ia
fcnfibly led from drinking toddy for
their coaftarit drink, to trike drams in
the morning,and have afterwards paid
I their lives as the price of their folly. I
shall select one case from among many,
to ffiew the 01 dinar, piogrefs of intem
perance in the use of spirituous liquors.
:A gentleman, once of a fair and sober
I character, in the city of Philadelphia,
for many years drank toddy as his con-
Rant drink. From this he proceded to
grog. After a while nothing would
Satisfy him bur flings made of equal
parts of rum and water, with a little
sugar. From flings he advanced to
raw rum-from common rum to Jamai
ca spirits. Here he reded for a few
mcirhs,bu: at lad,he found even Jamai
ca spirits 'were not dreng enough to
warm his Romach, and he made it a
conftart praChceto throw a table fppon
ful of ground pepper into each glass cf
his spirits, in order (to use his own ex
pteffion) “ to take off their coldness"
It is hardly necessary to add, that he
focn afterwards died a martyr to his
own intemperance.
I shall concluded with two observa
tions.
I. A people corrupted with strong
Brink cannot long be a/ree people. The
rulers offuch ^community will soon
partake of the vices of that mass from
which they were feleCted, and all our
laws and governments will sooner or
later bear the fame marks of the effects
of spirituous liquors which were de
scribed formerly upon individuals. I
submit it therefore to the consideration
of cur rulers,whether more laws thould
not be made to increase the expenk 8c
lessen the consumption of spirituous li
quors, and whether some mark of pub
lic infamy should not be inflicted by
law upon every man, convicted before
a common magißrate of drunkenness.
I he second and lali observation I
ffiall offer, is of a fetious nature. It has
been remarked, that the Indians have
diminished every where in America
Race tiarir connexions with the Euro
peans. This has been jud.y ascribed
to the Europeans, having introduced
Spirituous liquors among them. Let
those men, who are every day turning
their backs upon all the benefits of cul
tivated Society, to fcih habitations in
the neighbourhood of Indians, confider
how far this wandering mode of life is
produced by the fame cause which has
Scattered and annihilated so m my In
j dial tribes. Long life, and the Secure
IpoTetiica of property, in the land of
; their ancestors, were looked upon as
buffings among the ancient Jews, For
a foil to mingle his dud with the dud
of his father, was to art worthy ofhis
inheritance. However exalted, my
countrymen, your ideas of liberty may
be, while you expose yourfeives by the
use of spirituous liquors to this confc
quence of them, you are nothing more
than the pi sneers, or in mere £.vßh
terms, the " hewers of wood" of your
more indußrious neighbours.
If the fdes that have been Rated,
have produced in dhy of my readers,
wh> have fuffcred from the use of fpi
fitUouHiquors, a refolutioa to abdain
from them hereafter, I mult beg leave
to inform them, that they mult leave
Ithem off suddenly and entirely.
I No man was ever gradually reform.
I cd from drinking tyirits. He mod not
I only avoid tailing but even firieiring
I them, until long hi tits of abtinence
have subdued his ad'Ttioa for them.
To preventhis feeling any inconvenien
ces from the sudden loss of their Rima,
lus he should dunk plentifully of camo
tn'.le or of any other better tea every
day.
1 have great pleasure in adding, that
I have seen a number of people who
have been efrfhrily reduced to health,
to chararter, and to ufefulnefs to their
families and to society by following
this advice.
"WEST INDIES GRENADA, June 17
IVe have an account fro p St. Vincents, That
one of frits Maj :&,' sfhips has arrived at Barba
does supposed la have troops 00 board ; —That
£5 -traafports, with troops were immediately
erperted .■—That of ten ft I of trarfyerts,under
convoy cf a French 74, and a irigate, bound
from France to Martinique,five have been cap
tured and sent Into Barbados, Donipice, and
Su Vincents, and only one has arrived; and
that it was expe&d cut cruizers would give a
good account of the remainder.
gkctada, July 24.
The Venus, friga e, of 32 guns under
French colours, went into CouiLmd Bay
and cut out two ships anl brigs, one of
which had igoouhu fu s ar on baud; which
is lent to Barbados s ; the red to tins
illand. =0 ——
TRINIDAD, JULY 6
Lad Sundaymtruingafl ,op arrived !
here from Tobago which br ught let
ters to several geitlenien of this place
giving a brief account of the capture of
that iihuJ on Thurfda, HR, by the
forces under the command of General
Grinfield Wealf> learn with pleasure
that the conqirert of that ffond was at
tended wi<h little loss, two' men only
having been killed on the occation, it
is fairi cm board of one of cur frigates.
We hear that his Excellency Colonel |
Fullerton, received on Sunday last 1
letter from capt. Columbine of his Ma
jesty's lltip UqtLs,dated at Tobago,ac
quainting him with the captuie of that
lßand,and fourteen ships and a corvette
lying chert ; arid that Brigadier Gen
eral Pi&on, 'was appointed by their Ex
cellencies the commander in chief asl
Governor thereof.l
'1 weriry five transports with troops
are momently expected in these feus
from England. Out of ten fail of
French transports under convoy of a
French 74 gun flrip and a frigate,
bound to Martinique, five fail have
been captured with troops, viz. two
carried into Bar badocs,two into Dom
inico, and one into St. Vincents-
Q
NORFOLK, JULY 21-
it is the general conyerfpion in town
that one of the three gentlemen, who ar
rived here Lit week from Mai tinique,
is nothing more or let's than Jerome
Bonaparte, youngeß brother of " Ihe
^reat Bonaparte i" who has been for
f)me time in the Well India Ration.
The Rory is told thus :—That he fail
ed in a Frenchfrigate fn m St. Domin
go f1 France—that a ISnii'h firgaie
fell in with her and ch rfed her into
Martinique, vhere the three gentlemen
alluded to took p^fTige in an American
veßcl for tins country,from which they
purpose g e tri g homefafe —1 hey ch ir,
tered Waike:> packet and failed lor
Baltimore on Tuefday.
BALTIMORE, JULY 22..
-115 CT^cror of Reffia has employed a cele
FEDERAL GOVERNMENT, FIFTEENTH YEAR.
©ratle, ano
Advertiser.
Saturday Morning, by Will'm& Dan'l. Treadwell,
Price one dollar and fifiy cents per ann. [No. 4^.
3 .— — —
( C,ADVERTISEMEi4 I S reasonably and consbicvush inserted— Commi
, ^ NEGATIONS auty attended to — and every Favor thankfully acknowi
( ED^ED.
brated phyficiau and chimift, named Burr z
to make a tear of that immeofe empire fee toe
p urpofc of cirending the vaccine inoculation.
——o ——
During the gaft ycfterday,a fill boat overfet
b-t veen the Fort and Fell, Poi nt contains,
eleven persons eight of v horn v ere unfortunate
ly drowned one was taken up by another boat,
and the ocher two swam on more.
— -
FHILADtLp h ;A, JULY 26.
French papers to the 26th of May,
are receive J ov the brig Aristides, Dili,
arrived this morning from Bourdeaux.
They contain riothtig on polotics h^h
erto unpublished in this country.
We team, vebTly, by this veffch
that Mr. Milucc h^ 1 left Paris, on h,
wayto the J>uit of Madrid; where
he is to complete the objert ofhis o®
lion Cap . Dili, brought ..D:l)ichTs
for our Government. It may be S' -I
these con ain the ratification on the
part of the Lull Consul of the Treaty
of Loaifiana.
HEW YORK, JULY 2,
The Governor ut< ;W a + p,u ciTtorr
his dlhori ins proclamation, oikTing a r..
w<ud 61Fee . Hundred D dial s tor a, p-w
--iie,ilina Samael ,4 dan nd hs p^rtv.,
who have co mr/ tted great depredations
in mat count y.
t-c^frQ T P~-,
BOSTON, JULY JQ.
French Tv Rioaal Crt^dif.
Letters from Bourdeaux, by this ar
rival Rate, that a decree of fafpeniioa
had been palled on all bills, iliued by
Gen. Le ' lerc — The pretext of th $
meahirejs an allegation th.it these bids
were given so: aitieles under the non:
inal value,or in other wot ds, that they
were ifocd at an improper difeoum.
None are to be accredited, until Rate
meats are furnrihed of the articles and
their value, for which they h^ve bc^
given in exchange.
# ——o .
fr^From Lisbon..
We learn, taatjmm'diately on the re
ceipt ol Hie news ol W,r'beiweeiiGi'e.?r-
BritaiuauJ Trance, the itench Ain>a(b
ador at Lifboa, required the ,>veri>met„
to deciare war again# England wohin4'
hours. We h.oe not learnt the retail.
, <The Baltimore Federal Gazette, or the
43 I inst. informs, That Jero ae Bonapar
te, broriv r of the. Fu it Coiiful of France,
had arrived at Washington irom the Weil-
Indies.
From Havanna.
" By recent arrivals from Cuba we
learn, that Americair property to a large
amount had been feiz.-d there as being
finuggled ; am# the Intendant vho was
I fufpedted ar being iuiereded in an illicit
Itrade carried on with citizens of rieUai
' ted States, li id be i ?ordered to Spain,
The luretDowies was at Hwanna,but it,
Was expected he would be exchanged©
Toreen nuns, dreading the arrival at
Ne v-Orleans of the Fieach galiaus had
arrives fa% ands^yd 0 Havauu,"
, +rteC-tß—ra
. From Gibraltar.
On Friday.we received, by the Pem
broke, the Gibraltar Chronicle, of the
I %6th June.—Lis principally filled with
the English State Papers, which have
been published here. It however con
tains the following paragraph :—
“GIBR.-.LTAL, June 16.-
" The Virtory came in on bunda,
evening. She has taken on her passage
from home, the French frigate L'Am
ibufeade, and two WcR-Indiamen ; but
Ithefe prizes, which the left behind, art
not yet mrived.
From Martinique.
Capt. Rice, from Martinique, which he
left the 9 b. July informs us, that Porp
Royal and St. Pierres, were colfely block
aded b, Briufh Squadrons —1 he Lion es
caped from that port by putting to tea at
night. Little or no oppolition was tx
petted to be made to the 'landing °t the
Englilh troops. The greater partot the
principal ii&bitants had retired iiito the
interior of the Island, to avoid the danger
which might arde in.cafe of :tofe places
be ng tak^u by affari r . Great impofitious
were pra&ifed again# the, Americans, by
the officers of the ciißoms; as one third
of the amount of their cargoes,u ere con
firmed .by additional fees and duties ; and
the only excuse ottered for thia conduct
was, that they expected the Englth,
and were determine I (to make use of
their own language) "to m ke hay
while the fun (hone-
The Bri&dh criuzers had detained a
number, of American veflcls bound to and
froU Maiinique.l
A French Paden ;er on board of the Lie
on on abritifh cru zrs chafing the Roup
threw 3 o letters oer board.
—o—
— jur.y ,g.
From ROTT^RDAM,^
Capt.,Nichols, from.R- :%da „ + which he.
^ ef t the ,h fine, ^^ fr ^& fai?,empty