Oracle post — Portsmouth, N.H., 1805-02-26 00:00:00, page 1

|UST published, by DANIEL JOHNSON, of
• Portland, price 5 dollars to subscribers, and 6
to nonsubscribers, and for sale by him, wholesale
and retail, at the Portland Book-store, also, in Bos
ton, 5y to and Andrews, B. and J. Hamana,
Edward Cotton, John West, William P. and L.
Blake, Manning and Loring, James White & Cp,
Eben. Larkin, Caleb Bingham, and Wm. Pelham,
and in Portsmouth by Charles Peirce.
A TREATISE
. ON THE LAW OF INSURANCE,
IN FOUR BOOKS.
I. Os Marine Insurance.
11. Os Bottomry and Respondentia.
111. Os Insurance upon lives.
•IV. Os Insurance against Fire.
By SAMUEL MARSHALL.
is published every Saturday morning for thetown
and vicinity, and
THE ORACLE POST
every Tuesday morning for the Country by
William and Daniel Treadwell,
at their Book and Stationary shop, opposite the
Court House, Portsmouth, Newhamfahire. -
terms 130 cents per annum, 50 cents paid in ad
vance—Puctually forwarded to all parts of this
State and the District of Maine.
Marshall on Insurance, is correctly printed with
new types on good paper, and well bound—Has
been subscribed for by the Judges of the Supreme
Judicial Court of Massachusetts, by the first law
Characters in Boston, and by a large number of re
spectable Merchants,
i. An acquaintance with the principles of Mar
ine Insurance, is of the greatest importance to every
commercial man ; and from the extension of our
Commerce, and the spirit of enterprize which char
acterizes the American Merchant, is every day be
coming more important to him, as well as to the
Lawyer.
-There is scarcely any species of contracts which
affords a greater number of questions of doubt and
difficulty, than that of Marine Insurance. Yet the
principles of the law, applicable to this contract, are
in general well defined ; but the policy being u
suaily of the same tenow, and the transactions upon
which it is to operate infinitely various and compli
cated, the conflicting rights of the parties are often
to equally balanced, that it is impossible to decide
between them without sometimes resorting to very
nice distinctions.
To render this work useful to the Merchant, the
Author has observed one invariable and uniform
rule through the whole. Each case will be found
to consist of three distinct parts ; the fact—the de
cision—and the reasons assigned for that decision.
The Merchant will discover from the perusal of
this work, that the leading principles which govern
CfofeCTA .< terMtflk wisCTX'~er,&n?U rem
pass. Those principles arc established ; % in if
well understood, the only difficulty which remains
is the application of them to particular cases.
Jan. 25.
John Salter
' HAS FOR SALE,
No. 16, Portsmouth Pier, now landing,
Hhds. prime Tobacco, and
Bbls. TAR.— Also in Store,
1000 quintals scale Fish ;
goo ditto Cod ditto; Hhds SUGAR;
Bolts CANVASS, &c. &c. for cash or
approved credit.
—ALSO—
The schooner Scyth
"n ' '° r Sale, Freight or Charter, has
made only one voyage, burthen about
Freftß 80 tons. February 16, 1805.
HAVE imported, direct from the manufactories,
and for sale by wholesale and retail, at their com
plete Ship Chandlery Store, Nos. 4 & 5, Merchant#
Row. —
Herring & Hardhead Nets, of all
sizes ; Caplin Seans ; 18, 15, 12 & 9 Thread Lines ;
Mackerel and Squid do ; 2 & 3 threaded Herring,
Mackerel, Salmon, Sewing, Whipping, Roping
and Packing Twine.— Also,
Best steel Fish Hooks, of every kind and sizes ;
Gigs, Gaffs, Pues, Leads ; throat and splitting
Knives.
Likenvise for sale,
A few casks of best GUN-POWDER ; Ship
Bread ; and a general assortment of GROCERIES.
Portsmouth, Feb. 12, 1805.
Vol. XVI.j
FOR SALE BY ,
Ebenezer Thompson jr.
Bow-Street,
24 hhds. and 6 tierces MOLASSES ;.
zoo quintals Paffama. Pollock;
250 Hhds. Leamington SALT ;
Few puncheons 3d. proof St. Vincent's
RUM; GIN and BRANDY pete;
GIN CASES;
Whole and quarter chests Souchong
TEA ; 3 o bbls. SHIP BREAD.
February 16, 1805.
Reafenably. That valuable Lot of
Land, near the Court-House, in Ports
mouth—measuring 53 feet on Congress
Street; and 78 feet on Church Lane,
Apply .to Samuel Elliot,
A Volume for Merchants.
Nets, Lines, Twines, &c.
Marshall on Insurances
THE POR TSMO UTH ORACLE,
Ladd & Smith
•F ALL THE DISPOSITIONS AND HABIIS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALITY ARE INDI PEN-ABLE SUPPORT*. —WA'HINIT)*.
ORACLE POST,^^,
Linen Cambrics,
cheap.
Long Lawns.
9 8 & 6-4 color'd farf
net Cambrics.
C^eap plain Ginghams.
A.ocy, Chambray Mul
lins.
Calicoes and Chintzes.
Black Laces.
White do. from 256 to
24s yd.
Black tabby Velvets,
de. silk do.
India black satins.
Florence Silks.
India and French Lute
ftriogs.
Italian do.
Ladies' slate color'd silk
Hose.
white cotton do.
Furniture Chintzes.
India do.
Diaper Table Claths.
4 4, 98&§ 4 Norwich
Shawls.'
Common and fine Dia
pers.
The above, with a
The FARM on which the
fubferiber lately resided, containing
One Hundred Twenty-Five Acres of
excellent Mowing,, Tillage, Orchard,
Pasture and Wood Land, well fenced
and watered in the dryeft season ; situate
in the Village of Newfields, in New-
Market, four miles from Exeter, and
twelve from Portsmouth, on the Coos
road to Portsmouth, and the Post road
from Haverhill to Berwick, fifty rods
from the landing on Exeter river. The
situation is very pleasant and convenient
for a Trader, Farmer or Innholder.
The terras will be easy, inquire of
NATHANIEL ROGERS.
Exeter, Feb. 2, 1805.(
LUMBER.'-
50,000 good Lumber
For Sale, afiftly to T. CHADBOURNE, jr. of
Portsmouth, or
WINTHROP B. NORTON, Berwick.
February 16. - f
FOR SALE, —
A Dwelling House in Wa.
ter-street with an Out-Building and Water
Privilege, belonging thereto, and is a good stand
for a Boarding House..— For further farticulure
enquire of the Printers.
. ror^mouth, February 16, 1305, ' pd..
Seasonable Piece Goods
John Warner
Has for Sale, opposite the Court-House,
Cogniac BRANDY per pipe;
Spanish ditto ; per ditto ; GIN per ditto ;
A few hhds good flavored RUM;
Cherry Rum ; Pollock FISH;
Boxes CHOCOLATE ; Shells ;
Souchong and Bohea TEAS per chest,
or quarter chest ;
Hyfon, Young-hyfon & Hyfon-skin do.
Loaf, Lump, and Brown SUGARS ;
Crackers per barrel ; Rice, Florence Oil ;
Georgia Cotton per bale ; W. I do;
Fig Tobacco per ea& , pigtail Je,
Thompson's and Tenny's Snuff;
Spanish and American Segars per M.
Writing Paper per ream; Wrapping do.
Cotton Cards ; Wool do. Sieves; u
Men's & Boy's knapt and felt Hats;
Gun Powder ; Patent Shot all sizes ;
Nutmegs ; Cloves ; Cinnamon ; Pimeto;
Pepper ; Ginger; Salt-Petre ; Sulphur;
Spanish Float Indigo; Spanish lump do.
IRON WARE; CROCKERY do.
GLASS ditto ;
FEATHERS fr° m ls 9to 359 - Per lb.
Russia Feather Beds ; Sheep's Wool ;
Lamb's do, ; Wheat ; a few cwt. But
ter, suitable for family use ; Cheese ;
Clover Seed; Flax ; Indian Meal, to
gether with many other articles, cheap for
Cash, # Country Produce or Lumber.
Portsmouth, February 16, 1805.
FRESH GOODS.
DRAPER'S
CHEAP, NEW CASH STORE,
MARKET CTRERT,
A FRESH SUPPLY OF
AMONG WHICH ARE.
=4O 4%&■
J^ST RECEIVED AT
FOR SALE,
Linen Pocket Handker
chiefs.
Children's Hose.
Long white kid Gloves
Lawn Aprons.
Drab Caffimeres,fuitable
far ladies' coats.
Straw Bonnets.
Eli black and blue
Genet Muffi & Tip
pets.
Fox and mock fable do.
Fine Coatings.
Low pric'd do.
Baizes and Flannels.
Ladies blk worsted Hose
Children's Pocket Hand
kerchiefs. 4 cts. ps.
Lungee Handkerchiefs.
Bandanno do.
A very large supply of
India Cotton, Some
3-4 wide, very fine.
Platillas.
Red Morocco Pocket
Books.
Swanfdowns.
Small Looking Glasses,
&c. &c. &c.
.variety of other arti-
TUESDAY, FEBRUARY 26, 1805.
"This day, about 2 o'clock, Mr. Randolph in
behalf of the Managers, reported a Replication to
Judge Chase's answer. It was very fliort, slanderous
& very malicious. It merely stated that Judge Chase's
answer was full of fa Ife insinuations, misrepresenta
tions, rod fubterfuge. Mr. Elliot said that he was
not surprised at the style of the report, for after what
tranfiaions he had witnessed in this profecutian, he
Should be surprised at nothing...-Mr. Griswold mo
ved to committ the report to a committee of the
whole. Mr. Lucas observed that the Houfatav.
ing only once heard the answer of Judge Chafe, and
not having had time to decide on its merits, were
not then competent to a correa and full decilion
on the replication of the managers, be therefore mo.
ved a postponement. Randolph objeßed, and Lu.
cas withdrew his motion. Mr. Grilwold's motion
was loft.
" Mr. Dennis moved to expunge rh&oft offen
fire parts of the replication, the yeas and nays were
' Th's Respondent has now laid before this Hon
or ^le court, as well as the time allowed him w mid
per jit, all the citcumflances of his case. With an
ini ibtotruft in Providence and a consciousness that
Ihfcharged all his official duties with justice
ind'o. pan ley, to th? heft of hi^ Loawkrfge and
abilities ; mJ that intentionally be hath commuted
no crime nr misdemeanor, or any violation of the
constitution or laws of his country—confiding in.
the impartiality, independence and integrity of his
judges, and that they will patiently hear and consci
entiously determine this cafe,witb >ut being influen
ced by the spirit of party, by popular pr judice or
political motives, he cheerfully Submits himfelf to
their decision.
If it Shall appear to this honorable Court, from
the evidence produced, that'he hath a&ed in hi-ju
dicial charafter with wilful injustice or partiality,
he doth not with any favor but expeas that the
whole extent of the punishment permitted in the
constitution will be wf laed upon him.
If any part of his official conduct Shall appear to
this honorable court, ftriaijuris, to have been ife
gal, or to have proceeded from ignorance or error in
judgement ;or if any part of his condna Shall appear
although illegal, to have been irregular or improper
but not to have flowed from a depravity of heart, or
any unworthy motive; he feels confident that this
court will make allowance for the imperfeaions &
frailties incident to man. He is Satisfied that eve
ry member of this tribunal will observe the princi
ples of humanity andjoftice, will presume him inno
cent until his guilt Shall he established by legal and
credible witnesses , and will be governed io his de
cision, by the moral and chriftian rule, or rendering
that justice to this respondent which he would wish
to receire.
[The Washington Federalist, after lamenting the
infeasibility of taking down the whole of Judge
Chase's answer from the reading observes, " The
following impressive and elegant conclusion, we
hasten to lay before our readers as a specimen of
the ability with which the plea is drawn. The
•whole presents such a clear, conspicuous and
comprehensive view of the Conduct of Judge
Chase, on the subjects alluded to in the articles of
npeachment, that a conviction of his innocence
innut but follow an impartial perusal of it. The
effect on the audience was uncommonly great.
Thiskefpondent now stands not merely before an
earthly tribunal, but also before that awful Being,
whose presence fills all space, and whole all feeing
eye m%e especially lurveys the temples of justice
& religion. In a little time,his accusers, his judges,&
himfelf must appear at the bar ofO inipotence where
the secrets of all hearts shall be disclofeu, and every
human being (hall answer for his deeds done in the
body, and (hail be compelled to give evidence
apinff bimfdf io the presence of an afembled uni
•Me. To this bmnhcient jo>ge, at that awful
blur, he now appeals for the reftitude and purify of
ba conduct as to all the matters of which he is this
day accused.
He hath now only, to adjure each member of this
Honorable court, by the living God, and his holy
name, to render impartial tuftice to him according
to the constitution and laws of the United States ;
he makes this solemn demand of each member by
all his hopes of happiness in the world to come,
which he will have voluntarily renounced by the
oath he has taken if he shall wilfully do him injus
tice or disregard the constitution or laws of the U.
States, which he has solemnly swore to make the
rule and standard of his judgment and decision.
“ Yesterday, at I o'clock, The High court of Im
peachment was opened, and Judge Chafe, with his
counsel, attended, and delivered in his answer.
“ The whole of this defence is a masterly pro
daaion, and drawn up it isunderftood by the Judge
himfelf; he exposed the omissions, mifreprelenta
tions and incurred statements of his accusers ;
proved the legal necefiity of his cohdua in many
loftances, for which he was accused, the propriety
in others, and his innocence in the whole.—l had
nd expectation of having my mind so fully fatisfied.
I felt a degree of pity that almost extinguished in
dignation towards his accusers. I was pleased to
6nd (what could not otherwise have been txpeded)
that his answer has made a deep impression on the
honest of the democrats. I asked a decided demo,
cratit member of thehoufe who had voted for his im
p^achment, what he thought -of the reply. 64 The
condua of Judge Chafe," said he, "be has support
ed by strong reafouiog, that it will be difficult to
overcome---! told you long ago he would not be
convicted.
I'The Senate Room was crouded—but few ladies,
the weather being extremely cold."
A..FEBRUARY 6.
FURTHER AAD LATER PARTICULARS.
From WASHINGTON, Feb. §.
Ili^h Court of Impeachment.
called, and were ayes 41 noes 70 if I mistake not
I observed that Messrs Elliot, Varnum, Caris and
Crowniogfhield, and I believe forae other of the de
mocrats voted on the fide of propriety# To-morrow
I expert the trial will proceed.
"It will probably be three w&ks before it clo
ses. Os the i(Tue it might be improper to state my
ofihion, but I assure you it is believed by many of
the democrats that lie &ill be honorably acquired
the federahfts incline to the fame opinion, from a
trust that party Spirit cannot overcome, in so great
a degree; the great responsibility of the court to their
own confeiences, their folenm oaths, their prefect
reputation, and the voice 4 unbiaffed posterity.
FEBRUARY 7.
The report of Mr Randolph's R plication to
the Arfwer of Judge Chafe, which w- smade to
the Houle yefterdaysought to be read by every one
it is perhaps the offigcofs and brutal performance
of a public nature, tint ever disgraced this coun
try. It is as follows ; —
"The House of representatives of the United
States have considered the answer of Samuel Chase
one of the associate justices of the Supreme Court
of the United States to the articles of impeach
ment against him by them exhibited in the name
of themselves, and of all the people of the United
States and observe.
" That the said Samuel Chase hath endeavoured
to cover the high crimes and misdemeanors laid to
his charge, by evasive insinuations, and misrepre
sentation of facts ; that the said answer does give
a gross and coloring utterly false and untrue, to the
various criminal matters contained in the said ar
ticles : that the said Samuel Chase did in fact,
commit the numerous acts of oppression, persecu
tion and injustice of which he stands accused : and
the House of Representatives, in full confidence
of the truth and justice of their accusation, and of
the necessity of bringing the said Samuel Chase to
a speedy and exemplary punishment, and not doubt
ing that the Senate will use all becoming diligence
to do justice to the preceding of the House of Re
presentatives, and to vindicate the honor of the na
tion, do over their charge against the said Samuel
Chase to be true ; and that the said Samuel Chase
is guilty in such manner as he stands impeached,
and that the House of Representatives will be ready
to prove their charges against him, at such conven
ient time and place as shall be appointed for that
purpose."
" This indecent Report, thou ;h opposed by
many of the democratic members among whom I
was happy to fee, a number of the New-England
delegation, pafled, without amendm-nr, by a major
ity of 43, and was this day presented to the Sen
ate.
Yefterdav the following report was made in the
House of Representatives, of the Maffachufettfs Le
gislature..
The Committee, to whom was referred the mo
tion
* That the Printers of the New England Palla
dium, having since the commencement of the pre
sent ftiFrn of this General Court, published in
their paper, of fa. tB, 1805, an indecent and li
bellous publication agaioft the perlonal charadet
of the President of the United States under the ti
tle of " The Monarchy of Federalism, be no
further employed as the Printers of this General
Court. ..%
And to whom also was referred the petition of
Young and Minns, on the fubjta of said motion,
beg leave to report :
That they have examined the publication entitled
“ The M>6archy of'Federalifm," and find that it
contains several allegat ons, which are supposed to
effia the charter of Thomas JeFTerson, Esq.
President of the United States, individually, and in
his official Nation. They also find it contains
ftriaures and opinions on some measures of the
National Government.
That pursuant to the prayer of said petition, the
committee have notified Young and Minns, who
have appeared and offeree a defence in writing
which is herewith submitted.
That your committee are of opinion, that the
preservation of our Republican Constitutions, and
the impartial and faithful administration of laws
ena&ed in conformity to them, depend alone ba
the knowledge which the people may have of the
conduct, integrity and talents of tlfofe of their fel
low citizens, who have bettor who may beetled to
" After the reading of Mr. Randolph's Replica
tion, yesterday, before the H'gh Court of impeach
ment, Mr. Breckenridge moved the following Re*
foltition:-
" That the Secretary be directed infonphe
House of Representatives, that the Senate will to
morrow; [@ day] W. 12 o'clock, proceed with so
trial of Samuel Chase." &
" This resolution was agreed to, without a dis
senting voice; and the Senate immediately with
drew to their legislative apartme it.
" It is doubted by many, whether the House of
Representatives will go through with the trial at
this session :—The Answer has certainly perplexed
them, and they may want time to deftmy it by ja
cobinical ingenuity, or at least they may want time
to give the answer to the world, that it may be dif
feded by the democratic editors throughout the u
uion, and that the prejudices exiting against Chafe
may not only be kept alive, but Brengthened.
Besides, on the 4th March, three federal senators
leave the senate, and their places undoubtedly be
lupplied by democrats which will give such a de
cided majority of minifteriahfis, as to deprive Chafe
cf all hopes of acquittal. At present his conviction
is very doubtful. It is the opinion of bis friends
that he will certainly be acquitted and therefore no
motion for further time will be made on his part,
although his counsel are unprepared.
From the Palladium, of February 15.
LIBERTY OF THE PRESS.
FEBRUARY 8,
[No. 24.