United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1802-01-23 00:00:00, page 2

Mr. J. Mason (from Massachusetts)
differed from the gentleman from Con
nedicut on the point of order. He be
lieved the mode now pursued, was per
fedly corre&,and conformable toa prin
ciple adopted this session, that the Se
nate was to be considered as in com
mittee of the whole on the President's
Message, whenever taken up. Nor did
he difeern the necessity, in a body so fe
led as this, of referring each fubjed to a
feled committee.—But As the fubjed is
extremely important, and some gentle
men seemed unprepared for the dis
cussion, he moved its postponement un
til Friday.
The second resolution, for appoint
ing a committee to inquire whether
any, and what alterations ought to be
made in the laws refpe&ing the fortifi
cations and. harbours of the United
States was agreed to, and a committee
of five appointed.
Pffidenfi Meffage^
On motion of Mr. Brackenridge, the
Senate proceeded to take into conside
ration that part of The President's
message, at the commencement of the
effion, which relates to the Judiciary
fftern.
Mr. Brackenridge (from Kentucky)
stated, that he had given notice two
days ago, that he would on this day
submit to the consideration of the Se
nate, two resolutions refpeding the Ju
diciary establishment of the U. States.
As however these resolutions were not
neecharily connected,and as they might
be diftin&ly difcufled,he confined him
felf to the firft, by moving, That the
aft passed lad fedion refrefting tie Judici
ary Establishment of the United States
be repealed.
This motion was seconded by Gen.
Mason, when a (bort conversation enfu
cd, in which Mr. Brackenridge said he
did not desire to precipitate a dccifion
on the question.
Mr. Tracy was of opinion, that the
fubjed ought to have been referred, in
the firft instance, to a special commit
tee.
It has pleased Almighty GOD (for
purposes most extensively benevolent)
to discover to me the principles of the
perfect motion(vulgarly called PERPETU
AL motion) for which I truft' I am
thankful (as, no doubt, every citizen of
the super-eminently favored land of Co
lumbia ought to be) for the peculiar
blessing.
In prosecuting a suit for the customa
ry exclusive pecuniary advantages
which the pra&ice of ancient liberality
has established, as the reward of perse
vering ingenuity and industry, I meet
with difficulties insurmountable without
the aid of legislative interference.
I therefore truss that your justice and
republican patriotism will induce you
to take the fubjed into con fideration,
and as speedily as possible obtain from
the critical caiket where it remains de
posited, the precious bounty, to effeduate
which you hereby possess a promise of
the cordial co-operation of your real
friend and fellow-citizen.
LEWIS du PRE.
50/b day of perfect motion,']
January I, 1802. ' j
On a mbtion to refer the above peti
tion to a feled committee.
Dr. Mitchell said if there was ever
a case in which it was proper to decide
against the reference of a petition to a
committee, that this was such an one.
It was evident on the face of the pe
tition just read, that it was a strange
disordered composition 1 and the ob
jed which the petitioner pretended to
have attained, was contrary to the phy
sical laws of matter. All experience
and all philosophy was opposed to the
notions of the kind contained in the pa
per before the house. He hoped there
would be no reference of such a vision
ary scheme to any committe whatever.
It was not worthy of the dignity of the
national legislature to give a serious at
tention to physical impossibilities.
, ° . . ^a
TUESDAY, JAN. 5.
Thefollowing memorial was present
ed from Lewis du Pre :—
Mr. Brackenridge said, that though
he had given notice in his opinion fuf
ficient, of his purpose, yet, not wishing
a precipitant, difeuffion, he would a
gree to the desired delay.
To the Government of the United States,
in Congress assembled.
Dear Friends,
.Military Stores.
"Mr. Gregg moved the taking up of
the report of the committee of the
whole, who on the 22d ult. had re
ported their agreement to two resolu
tions submitted by him ; which was
done, and the house concurred in the
firft, yiz. the appointment of a com
mittee to contider, and report what ad
ditions are expedient to be made to the
military stores of the United States.
Fortifications.
eaman in the Mediterranean and ad
oining seas, which empowers the Presi
dent fully to equip and employ such
vessels of the United States, as he (hall
deem requisite; that they be empower
ed to capture Tripolitan vessels ; and
that the President be authorifed to
tommiffion private vessels, with power
to capture vessels of Tripoli. Read
twice.
Agreeable to alignment, His Excel
lency the Governor, preceded by the
Sheriff of Suffolk, and accompanied by
the Hon. Council, entered the Repre
fentatives' Chamber precisely at twelve
o'clock ; —where the Hon. Senate had
previously convened ; when he deliver
ed the following
SPEECH:
Bolon, Wednesday fan. 13, 1802.
AGREEABLY to adjournment,
the members of the Legislature
of this State convened at the State-
House. A quorum of the House be
ing met, Messrs. Bigelow, Austin and
Hunt, on the part ot the House, were
appointed a Committee to give the cus
tomary information to His Excellency
the Governor.
Mr. Blake (Diftrid Attorney of the
United States) asked & obtained leave
of absence from the House during the
feflion.
A quorum of the Senate being con
vened, the Hon. Meflrs. May and Tu
dor were added to the committee of
the House, appointed to wait on the
Governor. The joint committee re
ported, that His Excellency would
meet the two branches in the Repre
fentatives' Chamber, to-morrow, at 12
o'clock. - 0
Gcntkmm of the Senate, and
Gentlemen of the House of ftprefatativee,
WE have the fatisfaaion to relief, that
the public peace and order have been preserved,
during the last year ; and vie contemplate with
pleasing anticipation, the growing strength and
refpeaability of the State. We poffifsa heal
thy and extensive territory, which is rapidly
increasing in population, and is accommodated
with circumstances favorable to Agriculture
and Commerce: Our (hips visit every part of
the world, and bring home the product of eve
ry country ; we are bleft with a government
of our own choosing, which secures the most
perfea freedom of which men in society are ca
pable, and affords equal proteaion to the person
and property of every individual ; and we {hall
be as happy as the nature and condition of men
will permit us to be, if we make a wife improve
ment of the favors we have received from Hea
ven.
The house went into Committee on
Handing rules of the house. The fol
lowing additional rule was moved:
" Stenographers Jhall be admitted, and the
Speaker fall afgn fueb places to them on
the floor, as hall not interfere with the con
venience of the members." Agreed to—
Ayes 47 —Noes 32. The committee
then rose, and reported the rules with
the above amendment. The House
concurred in the additional rule—Yeas
47. —Nays 28. The report as amend
ed, was then agreed to.
But the prosperity of the People is insepara
bly connected with purity of manners and their
practice of the moral virtue, ; when these be
come extin& their happiness will be at an end.
The increase of wealth in Republicks has often
endangered the virtue of the people ; so long
as it is employed for ufeful purposes, it contri
butes to the strength and security of the State ;
but those who have observed its effects in oth
er nations, will perceive the importance of
guarding against the abuse of it ; left a depar
ture from the simplicity of anctent manners,
should be followed by criminal luxury and
dissipation, and the loss of moral and religious
principles.
If wealth introduces a vain profufion in the
various modes of expence,—if it excites an ea
gerness for diffolutc pleasures and frivolous a
musements, it will corrupt the manners and vi
tiate the taste of the people, and lead them into
criminal excesses of every kind ; —the rich will
be considered as patterns for imitation by those
of moderate fortunes, and these will be follow
ed by others of still less ability; and thus many
will ruin themfi Ives by a profufion for which
no one will feel himfelf obliged, or will support
their extravagance by unworthy ptadices ;
and make good by fraud and rapaciousness what
is lavished in vanity; in either case, if the evil
is extensive, the ruin of the State becomes inev
itable.
A precept was issued to the town of
Pepperelboro' to choose a Representa
tive, in the room of the Hon. Richard
Cults, a Member of Congress.
We ought then to be felicitous, to preserve
the habits of inejuftry and temperance, in which
we have hitherto prospered, and to inspire our
fellow-citizens with a love for the frugality of
primitive manners :—While these habits con
tinue, the People will make advances in Agri
culture, and the valuable Arts, and will think
their chief happiness is involved in the public
welfare; our religious and literary institutions
will be fupperted and cherished; and improve
mentswill be made in Aqueduds, Bridges and
Highways ; and other ufeful accomodations. In
the flouriihing periods of .the Ancient Repub
licks, and even when fumptuary laws retrained
the vanity and controuled the appetites of the
citizens, they adopted a style of magnificence in
their public edifices; and if a spirit of union
prevails among our fellow-citizens, and their
views are direeled towards obje&s beneficial
to the Commonwealth ; the government, by
using a prudent economy in the administration
Mafachufetts Legislature
A memorial was presented from the
Society of Friends at Baltimore, dat
ing that no progress can be expeded
relative to the introduction of the ufe
ful arts among the Indians, unless the
great quantity of fpiritous liquors at
prelent Spread among them by traders
is intirely suppressed. This memorial
was accompanied by a speech made by
Little Turtle, Rating the injurious ef
fects produced by fpiritous liquors. —
Referred to a committee of five.
After some debate about the dispo
sal of the petition, it was committed to
Messrs, Southard, Lowndes and Mitch
eU.
Standing Rules.
THURSDAY, JAN. 14.
THURSDAY, JAN. ~
FRIDAY, JAN. If.
May it pleaje your Excellency,
WE reflect with the highest fatis
fadion, that public peace, and social
order continue to be preserved through
the State ; and we contemplate with
pleasure, the rapid increase of our pop
ulation, the flourifhing state of our Ag
riculture, and the confauent extenfioq
of our Commerce. These bleflings we
confider as the fruits of the happy sys
tems of government, State and Nation
al, which through the peculiar favour
of divine Providence, we are permitted
to enjoy.—Governments founded on
the representative principle, where tht
Agreeably to the Resolve of the 19th June
last, two perlons have been appointed to survey;
and lay out the land referred to in that resolve ;
or so much of it as fliall appear to be neeeff?.ry;
but their service is likely to be inconsiderable,
for in the applications by the soldiers and their
legal representatives for the benefits offered in
the resolve, the pecuniary allowance has in al
most every inttance been preferred to a grant
of land.
•I the revenue, will be able to adubt a like Ryle
in public buildings, and whatever is conducive
to the honor of the State, and the general con
venience of the people.
With the increase of inhabitants we are to
expea that crimes will multiply in proportion,
and it is therefore of increasing importance, to
render that branch of our law, which relates
to crimes and punilbuients, as perfect as may
be. The frequent efc apes from the gaols in the
federal counties, Show the necessity of making
some further provision, for keeping those offen
ders fafely, who are Sentenced to a long impri
sonment ; for if any hope can be entertained
of an escape, the sentence will make but a fee
ble impreffios on the mind, and be of little use
in preventing future offences. A great propor
tion of crimes are the effeds of idleness, and it
fet'ms peculiarly proper therefore to punish
them by confinement to hard labor ; that offen
ders, while they are prevented from a repeti
tion of their crimes, may be compelled to acquire
new habits, and contribute Something to the
good of focirty; to this end, our laws have in
man, cases prescribed that mode of punilh
ment; and yet, from the time that Caftle-illand
was ceded to the United States, no place of
confinement to labour, has been provided by
the Commonwealth.
By a resolve paged about two years since, a
Committee was appointed to feled and procure
•a piece of land in Charleftown, and to ertft a
State prison thereon, provided the cxpenfe
Should Dot exceed thirty thonfand dollars; the
firft part of this commillion has been perform
ed; but the latter, owing probably to the limi
tation of the expense, remains wholly unexecut
ed. Soon after the cession of Castle-Island, ord
nance and millitary (lores, the property of this
Commonwealth were delivered to the Agents
of the United States, at an appraised value of
more than forty thousand dollars; if payment
of this sum is obtained, it appears probable from
the accounts exhibited, by the Treasurer, which
will be laid before you, that a State Prison may
be creded, without any addition to the usual,
taxes.
Many of yon, GentldtneD, from a long ac
qnaintance with the public concerns of the
State, will readily distinguish the proper objects
of legislative attention; and 1 shall cheerfully
concur with you, in any measures that may tend
to encourage Agriculture,and the liberal and me
chanical Arts—to promote the most equal and
speedy distribution of justice—to render out
militia a still more referable force—to pro
vide for the equal apportionment of taxes—and
to prefeive and establish the public credit of the
State. But you Jw+U-permit me to obfcrve, that
frequ§nutrf unneceffafy alterations of the law
are inconvenient, is they lead to the fuppoli
tion of inconstancy in the government, and
render it more difficult for the citizens to un
derstand the rules by which they are to be gov
erned. The best laws are not exempt from in
conveniences, but when those of long Handing
are repealed, the regulations which are substi
tuted in their place, are often attended with
dill greater defers.
The valuation, in which some progress has
been made, is an intereding fubjea,aud requires
much discernment in ascertaining fads, and
much candor in deciding upon them. Big I
trust, that by condescending to the opinions of
each other, and giving due weight to every sug
gestion, you will be able to proceed with facili
ty and pleasure, in completing this important
business. And I flatter myfelf, that no differ
ence of Sentiment will impair the harmony of
the feflion ; and that we (hall have the plea
fare at the elefe of it to reflea, that by out Unit
ed and faithful "exertions in the public service,
we have supported the reputation of the gov
vernment, and promoted the happiness of the
people.
CALEB STRONG.
The genius of our laws is mild, and the
crimes for which the punishment, of death is
inHided, are few ; But perhaps even this small
number might be lessened by changing the pun
ilhment of death to solitary imprisonment, if
convidls could be restrained, without any haz
ard of escape, and be wholly secluded from that
Society, whose peace their criminal conduct
would endanger.
[The Speech was committed in the Senate
to the Hon. Messrs. Bowdoin, Treadwell and
Tudor ; and in the House. to Messrs. Morton,
Knox, Bigclew, Austin and Jarvis.]
Several committees Were chosen ;—
of them were one to revise the law pro
viding and regulating prisons ; and a
nother to confider whether further
measures are necessary to be adopted
relative to the erection of a State Prison.
MONDAY, JAN. 18.
The Hon. Alexander Campbell,
was qualified before the two Houses,
as a Councilor.
The Senate informed, that the bill
for regulating Watches and Wards, in
Bofton,was in the hands of a committee.
The Committee, raised to report an
answer to the Governor's Speech, at
the opening of the session, having per
formed the duty assigned them, the
fame was accepted, and the Com
mittee that reported it, ordered to
wait on His Excellency therewith.-—
The following is the
ANSWER of the HOUSE.
A communication from the Quar
ter-Mafter-Ceneral, on the concerns of
his office, was received.
0
HOUSE OF REPRESENTATIVES.
SATURDAY, JANUARY 16.
'officers who administer jtlfetn, are the
objects of the choice and confidence of
the majority of the People, where the
Electors, and those elected to office have
'one common interest, and where equal
protection is afforded to the person and
property of every individual :—Under
such governments, and laws thus made,
every interruption of fogial order,would
be a disturbance of the general happi-1
nefs, and every breach of public peace,
a violation of civil liberty.
We concur with yair Excellency in
the belief, that the preservation of thefe■
governments, and the continuance of
our happiness under them, mod essen
tially depend on the pradice of all the
moral and social virtues. To promote
this objed, it becomes the duty of the
Legislature, by the tendency of their
laws, to confirm and extend the habits
of industry, temperance, and frugality
among the people, to advance the in
terests of agriculture, and the valuable
mechanic arts, to encourage individual
enterprize in works of public utility,
to Support and cherish our religious and
literary institutions, to protect the
sacred rights of confeience, and finally
to preserve the union of our Confede
rated Republics, as the anchor of our
present hope, and the ark of our ulti
mate security, as a nation.
We cannot but flatter ourfclvcs, that
while the precepts of our laws, Shall
continue to promote virtue, and dis
courage vice ; to-enlighten, inform and
employ the public mind, the increase of
wealth in the state, will not, as in the
ancient Republics, corrupt the manners,
and destroy the freedom and happiness
of the People ; but will, under wife and
frugal administrations of our state and
federal governments, be directed to ute
ful purposes, and contribute to the
Strength, harmony, and security of the
whole.—But if the melancholy period
muR arrive, when the majority of a
People, thus blcffed with the privilege
of felf-government, and thus Secured in
the enjoyment of it by internal Rrengtfo
and the genius of laws, which are an
appeal to their reason, and not to their
fears, a guard to their virtues, and a
check only to their vices, Shall negled
to practice what their laws inculcate,
they will indeed be loft to all sense of
their own happiness, and must inevita
bly fall, with their liberties, a prey to
despotism.
With the increase of inhabitants, we
must naturally expeft, that crimes will
proportionably multiply, unless from
an improvement in legislation, and the
amelioration of the penal code it Should
be found practicable to create new ini
preffions on the minds of that misera
ble class of the people, who are princi
pally the objects of public punishments,
or at least to oblige them to expiate
their offences by solitary labour, and
thus restrain them from endangering
society by a repetition of their crimes ;
To render that part of out public laws,
which relates to crimes and punilh
ments as perfe& as may be, will there
fore claim the serious attention of this
branch of the Legislature.
In the erection of public buildings, it
has always been the disposition of the
House of Representatives, to finifh them
in a Ryle, alike conducive to the honor
of the Rate, and accommodating to the
general convenience and ability of the
people. The erection of a Rate prison
for the confinement of convicts to hard
labour, has long been an object of at
tention in this House ; and we feel
obliged to your Excellency for your
particular Statement of the progress of
that establishment, and the suggestion
of probable funds to complete it, with
out any immediate addition to the usual
taxes.
The other fubje&s recommended in
your Excellency's communication, will
be duly attended to on the part of the
House of Representatives.
Although the valuation is a fubjed
highly interfiling to the citizens of ev
ery part of the Commonwealth, yet
we trust that the spirit of mutual can
dor and condescension, will so far pre
vail in deciding upon it, that it will be
completed with facility, and to general
fatisfadion. And that at the close of
the session, we (ball be able to refled,
that by faithful exertions in the public
service, we have supported the reputa
tion of the government, and promoted
the happiness of the people.
We cannot emit on the present occa
sion, to offer to your Excellency and
the public, our sincere congratulations,
upon the return of Peace dp Europe,
as an event in the highest degree inter
esting to humanity, and favourable to
the ultimate establishment of those
great principles, moral, political, and
religious, on which the happiness of the
American People so eifentially depends.
Ordered, that JAMES BoWDOIN, JOHN TrEAß
well, and William Tudor, Esq. be a Com
mittee to wait on his Excellency the Governor,
and present him with the following answer to
hisfpeech, made to the two Houses the present
session of the General Court.
DAVID COBB, Prudent.
May it , leap ycur Excellency,
IT is with the most plealurable sensations that
we reciprocate the gratularions of your Excel
lency on the augmented strength and prosperity
of this Commonwealth. The duration of the
peaceful, free and flouriffiing Government we
IN SENAI E—jan. 19.
IT is tinth the utmefl pain that °joeccl^
left from the l&fffemn declaration of 'Ja
son Fairbanks, lately p^Jifoed, that fy
icas unjufly condemned, and ce hope it
•<ivill be a earning to Courts in future, to
lean tttore to theJide of mercy, and not to
lay too much frf o n circumstantial evi
dence. The follawing extract from the
said declaration, rahich accounts for the
unhappy tranfaaion in the only rational
may it car. be accounted for, must carry
conviction t o ever, candid mind of its
trVth. —'—i
" I hear that it has been generally
rported, through the country, that
there was a previous agreement to take
each others' lives :—1 do affirm, that
there never palled a word relative to
such a thing, our only object being
then to meet lor the purpose of private
conversation.
" When I had remained at the fatal
place of assignation for a few minutes
only, she arrived; and after the usual
compliments of health, &c. had passed;
(he remarked, " that foniething always
happened to difaffoirtt us ; for foe now
could not flay long, as Mrs. Marsh bad
font for her to come to her house that very
afternoon."
, “ After she had written, flie brought
the certificate and gaze it to me ; I
putting it in my pocket-book, and after
going to the place of appointment, as
we were talking, I took out my pock
et-book and finding the certificate, I
read it to Betsey —at the fame time
observing, that I believed this brought
us as near the marriage state as would
ever be our lot together. Then we read
the ' certificate ; after which, I took it
myfelf and tore it to pieces—yet at the
fame time alluring her that I was in
stantly ready to marry her ; but that
she muff, of neceflity, return, and
continue to live at her father's house,
as I had no means, nor any place of
my own to carry her to.
" Upon hearing this, ihe began to
weep bitterly—faying, “ that mas im
poftble ; for her mother mould neverfpeak
to her, but mould turn her out and Jbut t/e
doors upon her iwwdiafely." She then
went on to exclaim, that “ I could rot
love her, and to tell me "Dm often
Mrs. Whiting and her omn fiflers cad
told that I did not love her, o^c, cfc."
That the prosperity of fpcopfe essentially de
pends on purity of manners, and the practice of
the moral virtues; and that a departure from
these, followed with luxury and dissipation, will
produce evils, deftru&ive of the general wel
fare, are truths, which the hillory of every age,
will evince and confirm.
While our fellow-citizens shall continue to
reverence and Support the religious, literary and
moral institutions of their ancestors, they nil!
naturally be led to direct their views to every
objed beneficial to the State; and with an u
nited and adive patriotism, will cheerfully ac
qmtlcc in those measures which tend to multi
ply the conveniences of the people, maintain the
credit, and enhance the character and impor
tance of our common country.
The obfervatrons of yoUr Excellency nh our
system of criminal justice, and the neci ffuy of a
Slate prison, will engage our particular notice.
Whether the fund created by .the idle of the
military fibres at Caftic-lfland. may not, with
peculiar propriety, be applied to this putpofe,
lh?ll empty out deliberate consideration. Pol
icy pomts to the reform, and humanity to a
Suitable provision to the employment of those
HeSperate men whose outrages on the peace and
Safety of society have justly deprived them of
its rights.
" In the course of a long conversa
tion upon the fubje& of our marriage,
it occurred to my mind that I had a
certificate in my pocket-book, which
had been written the day before that
last ill fated meeting, by Susan Davis,
one of my young nieces, and was oc
cafibned by the following circum
flance: Sukey being at my father'!
house on Sunday, and Handing at my
writing desk, I requeued her to write
something : she accordingly wrote a
certificate of marriage ; but when the
name of the parties Was to be ihferted,
she asked me " what name ffie Ihould
add ?" I told her that I did not care,
flie might put iri any one of the pretty
Bedlam girls that pleased heifelf— she
then wrote Elizabeth Eases, faying,
" ihe believed that would fait me bet
ter than any other through the whole
town."
While we express, Sir, our ,ctfc& confidence
in your aYTurances of a prompt concurrence in
every legislative act that ran pronrote the pub
lic welfare, we cannot but ^Scribe to the just
ness of the fenciments, that too frequent altera
tions of the lavs are attended with, weighty in
conveniences; they excite 'an idea bf mcouftan
cy and uncertainty in the ads of Government,
and of course a diSrcfpedl to its irjun&ions.
The very interfiling fubjc& of the valuation
will nectffarily engross much of our time. And
we trull that such a spirit of concession and can
dour will prevail in the difeuffion of this com
plicated business as to facilitate its completion;
and that at the conclusion of the session we shall
separate with a consciousness of having made
the public good, and the bed interests of ou#
constituents, the great objedls of our attention.
" And now with all sorrow, and.
blame to myfelf, do I purlue the rc->
mainder of this melancholly hiftory ; —•
for I replied angrily, and roughly,
that if she were capable, and willing
to believe all that her sisters and Mrs.
Whiting said upon the fubjed, she might
go to the devil with them, since she so
enjoy depends,\re are sensible, upon ohr hca^
adherence to iff original principles, anq ? wife
improvement Vs the advantages with which we
are indulged by the benignant Providence of
the Supreme Ruler of Nations.
For the United States' Oracle.