Oracle post — Portsmouth, N.H., 1805-02-26 00:00:00, page 4

HO USE pF Representative s
WEDNESDAY, JAN. 30.
GEORGIA LAND CLAIMS.
THE report of the Committee of Claims tor
Georgia Lands, and the amendment offered by Mr.
Clark, occupied the attention of the House, the
whole of this day. ^t should be recollected that
the report of the Committe of Claims, was favour
able to the Claimants —most of whom reside in New-
England, inasmuch as it referred the final adjust
ment of the claims to a board of Commissioners,;
which was what the claimants desired. Mr. Clark s
amendment provides against the allowance of any
claims under the act of Georgia, of 1795.]
The amendment of Mr. Clark was advocated by
the mover, and Mr. Lucas ; and opposed by Messrs.
Elliot, Boyd and Eustis.
Thursday, Jan. 31.
The subject for the claims of Georgia Lands again
occupied the attention of the House, the principal |
part of the day. Messrs. Jackson, Findley and Root,i
opposed ; and Messrs. Gregg and J. Randolph, sup
ported the amendment ; but no question was taken
when the House adjourned.
MORE GUN BOATS.
Mr. Nicholson moved for an appropriation of
money, for building a number of Gun-boats, not ex
ceeding twenty -Jive. #
'Friday, feb. 1.
The Speaker communicated a letter from Mr.
Granger, Post-Master-General, stating, " that he
had received information from various sources, that
both his public and private Character and conduct
had been arraigned on the floor of this House by one
' of the members thereof in a debate of the 29th, and
In another of. the 31st ult. and requesting that an in
vestigation may be made into his official, and if it
should- be the pleasure of the House, into his pri
vate conduct, from the first moment that the post
office department was committed to his charge, to
the present period, in such manner as this House,
in its wisdom and justice shall deem proper.
Mr. Vamum moved to commit this letter to a select
committee for inquiry, in which he was seconded by
Messrs. Elliot and Holland; and opposed by
Messrs. Nelson, Nicholson, Who considered the lan
guage disrespectful, Gregg and Clark ; when after
debate it was carried to postpone the question, until
Monday.
Mr. Lyon having declared in his seat, that “ he had
been belied by another member of the House" was
called to order by Mr. Nicholson, as guilty of inde
corum ; when the Speaker declared he was out of
order.
GEORGIA CLAIMS.
The amendment offered by Mr. Clark, to the re
port of the committee on the Yazoo claims, was re
resumed. Messrs. Clay, Bedinger and Holmes ad
vocated the amendment ; which was opposed by Mr.
Lyon and Mr. Dana,
to—/
SATURDAY, FEI;. 2.
The Georgia Land Claims were again discussed.
After considerable debate, Mr. Clark withdrew his
amendment ; other amendments to defeat the object
of the report, were made, withdrawn, persisted in ;
and negatived.
The Main Question to adopt the report of the
committee, which is in favor of the claimants, was
carried, Yeas 63, Nays 58 ; when the Committee of
Claims was directed to report a bill.
[The bill was reported on Monday, and made the
order of the day for the Friday following.]
~ _®t
LV SENATE, Feb. 4.
TRIAL of Judge CHASE.
At neon, the Senate, as a High Court for the trial
of Impeachment, was opened. The Judge being
called, appeared at the bar, attended by his counsel,
leather Martin, and Robert G. Harper, Esquires,
of Maryland, andJ. Hopkinson, Esq. of Pennsylva
nia. The President, (Mr. Burr) then asked the
Judge, if he were ready for his trial ; lie answered,
that he had prepared, as well as the shortness of
the time allowed to him, would permit, a rough'
draft of an answer which he desired permission to
read by himself or counsel.
Mr. Harper then commenced reading the answer
of Judge Chase to the articles of impeachment,
and was assisted by Mr. Hopkinson, the reading of
the answer took three hours and three quarters.
{Letters from Washington say, this answer,
which was drawn up by the Judge, was one of the
most able productions ever penned ; and not only
completely strips the articles cf impeachment of
their fictitious importance ; but is a fall refutation
of all the calumnies which have been utterea against
his judicial character. The chief article that relat
ing to Callender, and about which some of the
Fudge's friends, upon slight consideration, were
rather anxious) is completely and effectually de
stroyed by this answer.]
Mr. Randolph requested a copy of the answer
for the Managers, and time to reply. Mr. Burr
informed him the Senate would consider his request,
and the members retired.
Strafford, ff.
NJOTICE is hereby given,
AY that by virtue of Licence from the honor
able Ebenezer Smith, Esq. Judge of Probate of
Wills, &c. for,frid county, thatjo much of the
real estate of Samuel Williams, late of Barrington,
in fiid county, husbandman, deceased, will be fold
at Public Vendue, at the late dwelling house of the
deerafed in bid Barrington, on Monday iß|h day
of March next, at ten of the clock before noon, as
will raile the fom of fifteen hundred dollars, to pay
and difeharge the debts and demands, with inciden
tal charges due from said eftare.
Said property to be fold consists of about
50 Acres of valuable Lands, lying on
both fidcs of the New-Hampshire Turnpike Road,
and on a road leading from Lee through' laid Bar
rington, together with ,a low, convenient dwelling
hpqfe,a firry feet new Barn and other outbuildings
& an excellent stand either far a tavern, trader, or
tradelman, also about 12 acres land lying near
Meadows pond, and about 6 or 8 acres near Chef
conditions will be made known at time and
place of lale.
j Rachel Williams,
Adminiflcalrix to said estate.
Barrington, Feb. 5, 1805,
The Senate informed the House, that a copy of
the answer of Judge Chase, was proposed; and
was ready for the managers.
National Legislature.
Eighth Congress.:::Second Session.
FEB. 5.
Rockingham, 88.
At the probate Court to be
holden at; Exeter, in said county, on the third
Wednesday of March next, at eleven o'clock, be
fore noon, I shall offer the will of
JONATHAN BROWN,
late of Kensington, yeoman deceased, for Probate.
<ABEL BROWN, ^ecttr.
Finery U, J&.
Subsequent to the Declaration, with Occasional An
notations on the Law of Pleading,
Avaluable new Work for Gentlemen of
the Law.
THIS DAY is published, by BARNARD B.
MACANULTY, (proprietor,) and for Sale
by C. PEIRCE, Portsmouth, a new work, entitled,
The design of the following fele&ion is to facilitate to
the American student the practice of special pleading. A
variety of Englilh books on this fubje& are at once elabo
rate and learned. Yet such is the difference of our customs,
statutes, and common law, that they will be found, in
many instances, inadequate to supply the necessities of our
own juridical practice. The compilations of Raftall, Coke,
Thompson, Herne, and Brownlow, however valuable for
the conciseness and precision of their forms, are profufe in
ancient lore, applicable to special jutifdiaions, or obsolete
with feudal doctrines ; and those of Mallory, Lilly, Mor
gan, and Wentworth, though highly ufeful, abound with
matter calculated only for an Englilh forum. These consid
erations, added to the high price of foreign books, faggefted
the present compilation.
In the arrangement of the pleadings method has been
pursued, Co far as it was deemed advantageous for facility
er reference, but as portions only of the pleadings are oc
casionally feie&ed, where the whole seemed unnecessary,
and the choice of position was not always di&ated by any
relation between them, exactitude in this raped has not
been always practicable. Annexed to many of the plead
ings will be found annotations immediately referable to
them, and sometimes occasional dissertations upon con
tested points. These last, however, are few ; and are sub
mitted with deference to the profeffion, Volumes might
be written on the law, which bears on pleading ; but the
present deign was to be concise and ufeful ; to add no ir
relevant matter ; and to keep ftridly to the points in the
forms. In this view it was thought advifeable, for the con
venience of fludents, to feleCt and arrange in notes such au
thorities and principles as invalidated or substantiated the
precedents. In this refped, the head of abatement may
appear unnecessarily copious, But when it is considered,
that few of the printed Entries are on this head copious
and correct ; that these pleas are necessarily drawn in haste
amid the hurry of the fittings ; that, being dilatory pleas,
they are odious, and of course rhe greatest accuracy and
precision in forum is required ; and that the law refpeCt
ing them has on many important points been but lately
fettled ; it is presumed, that the annotations will be found
neither inconvenient nor faperfluous.
The sources, whence the work has been drawn, arc man
uferipts of accomplished pleaders, records of adjudged ca
ses in our own courts, and, were these failed, the Eng
lish entries and reporters. Whenever it was practicable in
fele&ion, the ancient pleadings have been preferred for
their technical, brevity and legal precision. Inthefe re
peCls, Rafalt is an admirable model, and worthy of the at
tention of every lawyer—The Clerk's riff ant the Infractor
Cleric.lis, Herne's Pleader, the Entries of Coke Rafail Levina
Brownlow and Tbempfon among the ancient pleadings, and
Lill, Morgan, and FVentwortb, among the modern, have
been chiefly consulted—The reporters particularly the late
ones, have supplied many usual formr—But to the very
valuable edition of Saunders' Reports by Serjeant Williams
the highest obligations are due—From the text of this very
able pleader,nd from the numerous comments of his late ed
itor, copious extracts are in every part^f this compilation.
Even where notes had been previously prepared, references
have been added to this edition of Sounders to fandion opin
ions, or add weight to authorities.
The reader is not to conclude,that all the pleadings which
are here inferred, are exaCi in form or sustained in principle.
Some were adopted from the authority of names some
from the authority of books, and some from the refpe& due
co living pleaders, f Though occasionally a quere is added
to guard against supposed error, yet it would have illy
become the Compiler to have amended by bis own judgment
or queflioned on legal presumption—As the authorities
however are generally annexed to the pleadings, the read
er is left to decide for btofclf on their validity—Any oth
er responsibility, than for the general accuracy of tranferip
tion, is wholly disclaimed.
Such are the pretentions of the work, and the profeffion
must decide on its execution and utility. The Compiler is
duly sensible of his inadequacy to the talk; but the proffered
assistance of eminent counsel, and the encouragement of pro
fcffional benefit, have infcnfibly led him to the prosecution
of it. Those alone who can command legal experience com
petent to perfect the design, elevated to the higher grades
of judicial honor, feel not the desire or want the leisure, to
smooth the intricate paths of special pleading.
Humble and confined as this Compilation may appear,
it has not been made without very considerable labour. In
submitting it to public candor, the words of Lord Coke,
in his preface to his fourth Report, are offered for conside
ration :—lllud a dodo ledore peto, velout corrigat sicubi
erratum inveniric, vel faitem ne partem aliquam reprehen
dat, donee totum Qudiofc pcrlegerit, unde forte fiet ut pau
ciora criminetur. Salem, 1804.
* This is chiefly done in actions, where one ^en
eral plea admitted of various replication and re
joinders ; as in the pleas of Limitation in As
sumpsit, and plea of General Performance in
Debt on Bond to account. In these cases it was
geemed unnecessary to select more than the repli
cations and rejoinders ; and sometimes the latter
only.
f Most of those drawn by living characters in
this Commonwealth, have been inspected by them
previous to publication. Indeed the whole work
has been perused by several learned Counsel, for
whose valuable comment, and kind advice, I en
tertain an unfeigned gratitude.
The price 0, the work, (Jive dollars,) it is
believed, will be considered as moderate, when it
is understood, that the labour ts compiling and the
expence of publishing, have been very great, the
work contains seven hundred pages royal octavo,
printed on a fine thick paper and a new type ;
and indeed the whole execution is equal to the
best London editions of Law Books.
N. B. Booksellers may be supplied with the work
at the trade price. Portsmouth, Feb. 16.
The work has been compiled with fidelity and at
tention, and in compression of matter, accuracy and
variety of forms, and brevity of statement, is con
sidered superior to the modern compilations on this
subject. Many of the Pleas were drawn or perused
by the first Pleaders ; and their names are annex
ed to them, where the authority was certain. Among
others, we witness the names of R. Dana, J. Sewall,
W. Pynchon, B. Pratt, O, Trowbridge, J. Adams,
J. Quincey, J.,Lowell, F. Dana, T. Parsons, $, Sew
all, J. Sullivan, N. Dane, T. Bradbury, W.Prescott,
and others, the former and present ornaments of
the bench or bar.
PREFACE TO THE WORK.
Selection of Pleadings
I^ CIVIL ACTIONS,
-———Si quid novifli reftius ihh,
Candidas imperti,fi non, bis utese muum.
Hot.
By JOSEPH STORY.
New Comedies and Farces,
Wife of Two Husbands,
now performing in Boston with unbounded applause.
Maid of Bristol.
Review, or Wags of Windsor
by Coleman, author of Poor Gentleman, &c.
Marriage Promise ; Tale of Mystery ;
Chains of the Heart ; Soldier's Daughter;
Tournament ; Rubemont, &c. &c.
With a general assortment of
BOOKS
in the various departments of Literature, which will
be sold on terms that cannot fail of giving satisfac
tion by W. & D. TREADWELL.
PROPOSALS,
For Printing by Subscription, A Periodical Work,
to be entitled,
THE PISCATAQUA
Evangelical Magazine.
IT will be the object of the Editors who re
ceive their appointment from the Piscataqua Asso
ciation, by every exertion in their power, through
this vehicle to convey that information to their fel
low-men on religious truth and duty, which shall
serve, by the divine blessing, to'enlighten the u?ind,
impress the conscience, meliorate the heart and im
prove the practice.
As biographical sketches, historical scraps, and
extracts from the diaries of the eminently pious are
calculated to promote this design, these will occa
sionally be introduced.
The Editors solicit all the aid, which the friends
of science, piety and virtue, can give to this
publication.
COND ITIONS
I. The Piscataqua Evangelical Magazine shall be,
published once every two months, and each number
shall contain forty pages.
a 11. It shall be printed on good paper, and with a
good type, of which these proposals are a sample.
111. The price to subscribers shall be 12| cents,
each number to be paid on delivery. Any one who
will be answerable for the payment of twelve copies
shall be entitled toa thirteenth gratis.
IV. The net proceeds of this work shall be ad
ded to the funds of the Piscataqua Missionary So
ciety.
Lastly. The intended Magazine shall be commen
ced as soon as subscriptionsfor 600 copies shall be
obtained.
©*P_
O' Those, who hold subscription papers are re
quested, by the jirst of March, to inform Messrs.
W. &: D. Treadwell, the intended publishers, of
the number of subscribers they may have obtained
by that time.
NOTICE.
THE COPAR TNERSHIP OF
William & Charles Neil
is this day by mutual consent dissolved—All Per
sons having demands on them are requested to pre
sent them for settlement, and those indebted to said
firm to make immediate payment to either of the
Tm WILLIAM NEIL,
CHARLES NEIL.
' Ist February, 1805.
,FOR SALE BY
William Neil,
* A general assortment of
W.I. Goods & Groceries,
at the Store formerly occupied by W. & C. NEIL,
in Buck-street.
Also, an extensive assortment of
Crockery Ware,
repacked on reasonable terms in quantities to sui
purchasers. Feb. 1, 18(5.
Music Paper,
Ruled to any pattern, and at the shortest notice.
Enquire of B. FLOYD, Book-binder.
Td Let,
Two thirds of a large convenient House, Wood,
House, Garden and Well. The terms will be ea
sy Wlagreeable Enquire of the Friotem
Samuel Hill
INFORMS his Friends and Custom
ers, that he has imported, the last fall, a large
ffortment of
Fishing Gear,
which is now ready for file at his Store, No 7,
Merchant's Row, by wholesale or retail, cheap for
cash, or approved credit, viz.
Salmon, Herring and Hard-head Nets
of different sizes;
2 and 3 thread Herring, Mackerel and
Hardhead Twine ;
Sewing Twine;
18, 15, 12 and ^ thread Cod and Pollock
Lines;
Mackerel arid Squid Lines ;
Cod Hooks ;
Large, middle, & small Quarter Hooks;
Mackerel Hooks.
ALSO FOR SALE,
Russia and Swedes Iron ; German, Hal
brk, HiLnclever and blifter'd STEEL;
WEST-INDIA and other GOODS as
usual.
#Ca(h and the highest price given for
SHIPPING FUR.
fatfmouth, Fubruary 8, ißo§.
FOR SALE,
at Thomas Sheafe's store,
Fore-Street,
Bolts of RUSSIA DUCK; ift and 2d
quality.
TO LET,
Shop No. 9, Fore-street, late
ly occupied by Joseph Noble—apply as above.
Portsmouth, 9 February, 1305.
A few bags Hops—with many other
articles, all of which he will fell low for
cash.
FOR SALE,
A few Puncheons pood flavored
RUM,
Apply to the Store of WILLIAM SHEAFE.
February 1, 1805.
NOT^E.
The fubferiber having it in contemplate
tion to make a new arrangement in bufo
nefs, offers for sale, at aver) small advance
his STOCK in TRADE, consisting of a
General afortment of
GENTLEMEN and LADIES'
SHOES.
among which are the following :
Ladies kid, Morocco & leath
er SHOES ; Misses kid, Morocco and
leather do. gentlemens' fine and coarse
Shoes and Morocco Pumps ; Childrens'
Morocco and Leather Shoes ; boys' do.
SUWARROW AND THICK
BOOTS.
John Man,
HAS FOR SALE
A few cajks of the firft quality
Englilh Gun Powder; Nails ; Iron Hol
low Ware ; Crockery Ware.
Hyfon, Hyfon skin, Souchong and
Bohea Teas ; Loaf and brown Sugar.
Brandy; Gin; Malaga Wine ; Nut
megs; Pepper ; Cloves ; Cinnamon ;
Indigo ; Salt Petre ; Alum; Ginger;
Allpice ; Logwood ; Redwood.
Fig and finoaking Tobacco ; Cotton
and wool Cards ; Knives and Forks ;
Jack Knives ; Penknives ; Scissors ; Ra
zors ; Grindstones ; Shovels ; Frying
Pans. , AIJo,
All persons indebted to the
subscriber are requested to make payment
within twenty days from the date, other
wise he will leave their accounts in the
hands of an attorney.
Robert M'Cleary.
Cnngrefs street,
Portsmouth. J n.B, 1805.
The Co-partnerJhip in trade of
Joseph & Joshua Haven
will be dissolved on the firft day of March
next : As it will be neceflary that all
their accounts be fettled, they hereby in
the most solemn manner require all per
sons who arc indebted to them to make
payment previous to that time ; delin
quents without diferimination will then
be compelled to fettle with an attorney
Their stock in trade is large and well
chosen, and is offered for sale at reduced
prices. Dec. 21.
To Let,
A CONVENIENT STORE in
Bow-street, a good stand for a
Grocery Store or Ship Chandler, as most
any in Portsmouth, and is very public
in the Spring, Summer and Fall, a lease
for two or three years will be given, apd
with the water privilege after one year,
the terms will be quite moderate.
—ALSO—
A convenient Bake-House, with good
conveniences for a small family—after
the 10th March next, for further par
ticulars, inquire of
GEORGE W. WENDELL.
Portsmouth, February 9, 1805.
RAGS.
CASH and the highest price given for RAGS, at
the Oracle Office.
Purchasers have now an excellent op
portunity to supply themselves with the
above articles at very reduced prices.
by the doz. or single ; Men and boys
Hats and Fur Caps.
Also an, afortment of
SHOE STORE.
BOOT LEGS.
Morocco Skins,
No credit by Retail.
Cork seal'd Shoes.
TRUNKS.