Oracle post — Portsmouth, N.H., 1805-04-23 00:00:00, page 1

OF ALL TH# DKPO'ITIOXS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIG^H AND MORALITY ARRXFDI<PRICAaLR ^%ty=#A!Ml MhoV.
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THE Subscribers inform
the Public, that they Hurt^^
i^for the purpose of transacting COMMISSION
WSINESS, under the firtu of
Gilman & JLanren,
and have taken the Store N<,7. D. Spears Uty
north side of Long-Wharf, Boston-whore they
tylhbe hapH, *>attend W the commands their,
JOHN T. GILMAN, jun.
JOSHUA B. Langdon.
_apH^ lß ° 5 — ——- -
Dancing School.
Mr. Warmer,presents his,
gm,iments to the Ladies and Gentlemen of Ports
mouth, and acquaints them that he will oped his
School en Thursday the 9th May next, for the in
struction of young Masters and Misses, at the As
stemMy Room-This elegant accomplishment he will
fetch with the utmost teal and attention, and he
trusts it wfll be encouraged by those parents who
wish their rising progeny accomplished in the polite
arts—A subscription paper is lodged m the Oracle,,
look Store.
jPortmoWh, Jfa7 x 3, 1805._
•N. B/ The price of tuition for one quarter will be
seven Dollars, two afternoons each week, yiz. Thurs- 1
ty and Saturdays. __ _____
Mr. T. Turner,
I Intends opening his Dancing School
in this town early in May.
PortHmeuth, Aftril. 6., . '].'^ : „[ ~
Bath House Shares
Purfuantfto a vote of the Proprietors of Che Bathing
house, tfe few delinquent Proprietors.,that have not
paid the afeeffment of 6§ dollars oha fare are here
by notified, for the last time, that their shares will)
be sold at Public Auction, on Wednesday the firft
yday of May next, at 1% o'clock at noon, at Chad
wick's Ton, unless payment is made previous to
that date.
DANIEL AUSTIN, Treater.
Portsmouth, Aliril 13 1805.
William Walker
Keep constantly on hand an assortment of
CARDS,
b, wholesale and retail at the Boston prices, viz.
Cotton, W^ Clothier's and Ha ters Cards ; also
Cards for Carding machines per foot, all of which
tare of * ruperto quality.
.BouHrteet. ^ ^ Aftril 9.
1000 Hhds. Cadiz Salt for
Sale onboard the (hip Tom lying at the I
JPortfmouth Pier.—apply to N. A. &
JOHN HAVEN.
PortCTOUlh,,ftril 6,1805.
—— ■ ■,» I »* ■. ■ T'TH«!«— "I .^»
NOTICE.
Mr. Clark's School for
MISSES, whjfh is to commence the Ist Monday
in May, will be kept in a Chamber of Mr. E.
Wentworth's store. The price 275. per quarter.
Application' may be made to Mr, C. Peirce, with
whom a subscription paper is lodged.
Portsmouth, Aftril 13, 1805.
G. Harris,
GOLD & SILVER SMITH
FROM LONDON,
.TIAS taken a (hop next door to Mr.
Follom's Chair Maoufaaory, Broad.ftreet,
wbtre he f carries on the GOLD & SILVER
. SMITH'# basinet in its various branches:—Jew
elry nearly made and repaired ; all kinds of plate
trade, repaired and cleaned ; Watch and Water
Gilding in different colors ; all kinds of Glafe
mounted in gold, Silver Plated or Brass; likewise
Coach and Coach harness furniture Silver Plated
Os Brils ; all kinds £ of Military Ornaments made,
and Accoutrements cleaned a^d repaired.—The
smallest orders will be thankfully received, and the
greatest attention paid.—Old Gold and Silver taken
in exchange. , ;.
Portsmouth, rfftril 13. ,\
Take Notice.
nrHE Selectmen of Ponfmouth here-
JL. by request the inhabitants of said Town, to
exhibit a true account of all their Rateable Estate
to,them, on. or before the firft da, of May next, as
Ifey will, attend on that butinete, at the Town
Hall, on every Thurfdayevening in the Month of
April next, from 7 to 9 o'clock.
Geofge Gains; - '
Moses Woodward, )
Samuel Hutchins, > Selectmen.
Elijah Hal!,)
Seth Walker,'
Jlftril 9, 1805.
Garden Seeds.
AFRESH^Tortment of GARDEN
SEEDS, to be fold by SAMUEL
HAVEN, jr.;at his ihop in Water-|
street; a few rods to the southward of
Liberty-Bridge.,.
Portsmouth, 4hril 6, 1805.
—^—trra_Hß^^
OR ACLE POST
' Vendue.
Piscataqua Bridge Shares.
NOT WE.is hereby given
to these Proprietors of Picataqua Bridge,
who have not paid the late assessment of Ten Dol
lars onpch of their Shares, that the following shares
"in kaid Bridge, on which the assessment is not paid
^ wit, No's. 407, 403, 395, 383, 370, 371, 384, 396,
409, 414 405, 4Q6, 372, 373, 374, 385, 386, 387,
398, 411, 41% 413, 38$ @. ft, 375, 376, 389,
381, 382, 404, 377, 378, 390, 391. 39% 397, 379, ^
401, 402,403, $ 394, 414, 415, %16, 4)7, 418, 419,
'fi!| he sold at Pslic vendee, p.'W&h^W, thu
&gty 4f' mti^^* h^-10x^ckxK hrme irrt^
at Qpv.Chadwick's fan, in Portsmouth, unless said
; assesSnientbe previously paid to the Subscriber.
SAMUEL ELLIOT, Treasurer.
^W/6, 1805..' .
For Portland & Kennebeck.
I™^*^ "lOHE SLOOP Avis, will Lil ia
11 todays, for Freight or Paflage
^eg&^apply to PETER FRAY of Portf
.^^ April 6.
'POLICE.
NOTICE is hereby given by
the Police Officers, chosen by this town, and duly
sworn into Office, that they intend a ftr:& attention
to their duty, and a fulfilment of the hme, as far
a, the law direst them. On Wednesday, the toth
inftaot, they purpose to visit the different parts of
this town, to inform thcmfelves of the situation of
the town, as far as it refpeas their duty ; and they
hope, that previous to that time, that all those who
have encumbered the Greets, or highways, with any
filth, or nodance of any kind, will cattle it to be re
moved ; and as much complaint has been made in
this town, of the ftrettr, and efpeciaily the public
corners being encumbered by such number of idle
and abusive people, that it is difficult to pats on the
pavements without being.mokfled ; and frequently
by profane, filthy, and - indecent language. To
prevent which, is a part es ouf duty, which will be
firenuoufly attended to, and all offenders being con
vi&ed, will be punched as the law directs. To
save us much trouble, we beg of all Schoolmasters,
Parents, and Masters of Servants, that they ftriaiy
forbid their scholars, children and Servants, from
playing in the public Greets, with bails, or an,
otherways violating the by-laws of this town. It
it thought proper allo, to notify and forbid all Per
sons from uanece&rily amusing thcmfelves in fail
ing boats upm & nvw on the Sabbath; and <H
who keep boats to let, are refuelled not to let them
for amusement on the Sabbath—if so, they will be
taken notice of as the law directs.
NATHANIEL MARSHALL,-)'
JOHN BOWLES, / „
WILLIAM HAM, 3d. >
WILLIAM VAUGHAN. I Officers.
SAMUEL JONES. J
Union-Hall, Portsmouth, Aftril 2, 1805.
John Underwood,
Has Yarns prepared for Fish
ermens Cables, and can be delivered at the short
est notice, as cheap as can be purchased at any
place.'
_J™™?_ • April 6, lßo§.
New-Hampshire Bank?-
THE Stockholders in the New,Hampfhire
Bank, are hereby notified that the annual
meeting for the choice of Dire-ors, will be held at
the Bank on Wednesday the 24th inflant. at;
O'clock,.?. M.
DANIEL R. ROGER, Cashier.
Portsmouth, April 6, ißo§.
Wanted, in a small fami
ly where other help is kept, a steady capable Wo
man, to do House-work, —one who can be well
recommended will receive satisfactory wages
Enquire of the Printers.
•, Education.
THE fubferiber contemplates open
ing a School for Misses. The branches in
which infraction will be given are Reading, Writ
ing, Arithmetic, English Grammar and Geography
Should fufficientencourageme ^ he given, he will
be ready to receive them the aft Monday in May.
The ftlace, and the terms will be specified inq
future advertisement.
ENOCH M. CLARK.
Portsmouth Aftril, 6, 1804.
Leiters in the Post-Office st EXETER, Aftril
1, 1805.
STEPHEN LAMSQN, 2 ; Daniel Clark 2;
N^th'l Gilman, jr.; William Hale ; Kinfly
Hall gSamuel Gilman; Joseph Osborn ; Nancy
Kennifon ; Alfred Metcalf ; Benjamin Shephard:
Enoch Rowe; Ralf Fenn ; Noah Emery; T.
Eames, Exeter.
Q Nathaniel Chafe , Joseph H. Shepherd ; Wil.
liam Morrill; Jonathan Veazey ; Samuel Greeley ;
Ebenezer Colcord; Asa Bean, Brentwood ; Joseph
,dama ; Henry Keoerfoo; Josiah Smith ; David
French 2 ; Paine Wipgate, Stratham ; Josiah
Bartlett; Samuel Pincume, Lee ; Joseph Persius,
Hamptonfalls; femes Patten, Kensington ; Clem
ent March, Greenland. , No. 32.
—l™LG!™A!^^
To Let,
A SHOP, pleasantly situated in Broad -street, on
reasonable terms — enquire of GEORGE TURNER
who formerly occupied it.'
—= — =^^
, TUESDAY, APRIL 23, 1805.
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MISCELLANY.
froz; the Philadelphia 'Daily Advertta-?.
FIRMNESS of GOV. M'KEAN.
O° file tinto alter the merle of appointing the
Comptfolhr General and the Register-General,
which fad passed both houses of the the Legi^a
™re: .'P'."^ 11 returned by the Governor with
the ri,wip; objections :
To the %at rot „ §e of Rohrtwaives tfffi
;Cdm - n-ceuih fPencSylvania-.
0
1< /E pca&an+cb^&rar:^ L?L enthted.:
" Pin ext to alter the mode of afthomtmg RRT 1
comptroller and register-general^' and as it ap
pears to nie inconsistent with the purview and spirit
bf the constitution of the State and also inexpedient,
I cannot approve it. I have therefore "directed the
1 Secretary to return it to the House of Representa
tives, in which it originated, together with my ob
jections—which follow : " . ,
First —By the second article of the constitution,
made and established by the people of the Common
wealth, on the second day of September, 1790, sec
tion eight, "The Governor small appoint all of
ficers whose offices are established by that consti
tution, or shall be established by law, and whSse ap
phintmeats are not therein otherwise provided for."
By article 6, section five, "The State Treasurer
shall be appoin ed annually by the joint vote of the
memters of both houses ; all other officers in the
treasury department, Attornies at Law, Election
Officers, officers relating to taxes, to the poor and
highways, Constables and other township officers,
shall be appointed in such manner, as is or shall be
directed by law."
Theft being the parts of the constitution, which?
have relation to the present bill, the sole question
is, what the Convention had in contemplation b, the
words “ All other officers in the treasury depart
ment, kc. shall be oppointed as is or shall be di
rected by law." If it had been intended, that the
members of the two houses should, by joint vote,
appoint all otherofficers in the treasury department,
Attornies at Law, aryl the officers enumerated in
this section, the convention would have annexed
this power to that of the appointment of State Trea
surer, in the same sentence or clause. What then,
it mfy be enquired, had they in view ? My answer
is, 'they might havf supposed, that the Legislature
.might conceive it, necessary, that 1 other , officers
should be appointed as a check upon him—They
may also have had a reference to the County Trea
surers, Excise Officers and others, who might be
deemed necessary to collect and pay money in the
State Treasury, as a part of the revenue not arising
from taxes, and who might be employed or com
missioned solely for that purpose.
I ile&X,pWalter or Register-Coeval, hasp lit
tle collection with the Treasury Department, as
any otlrr officer in the State ; the names of officers
merely, canpot designate their department or du
ties—They receive no public monies, nor pay into
the Treasury ; they make no reports or reference
to the State Treasurer nor are they amenable to
him in any manner whatsoever ; they are entirely
connected with the Supreme Executive Department
and are denominated the department of accounts ;
their principal duty is to liquidate and ascertain the
claims and demands against the Commonwealth,and
to report them to the Governor ; and if'they dis
agree, he is to decide and thereupon to draw his
warrant for the money on the State Treasurer, spe
cifying the appropriate fund. No reasons have
been assigned in the bill, why they should be consid
ered as officers in the Treasury Department, nor
can I divine any.
Since the establishment of the present constitu
tion, these officers have always been appointed by
the Goverhor ; and by the last act of the legislature
preceding the present constitution, the Comptroller
General held his office during the pleasure of the
Supreme Executive Council. It may be said, that
this was in pursuance of acts of the legislature ; but,
under the first constitution, the Supreme Executive
Council were vested with the power of these appoint
ments, though overruled by the House of Assembly ;
under the present, the Governor has the right to
appoint these officers without the aid of the legisla
ture ; and the last act of assembly on the subject,
may be construed as a recognition of it. At any
rate, it cannot deprive any future Governor of his
constitutional rights, and, at least, proves, that the
Governor, in their opinion, was best qualified to ap
point them.,,
By this bill the present officers are to continue in
office until the second Tuesday in January next, if
they shall, respectively so long behave themselves
well ; but there is no such provision fir the future.
I have long entertained doubt respecting the flower
of the legislature to make any office during good be
havior, except those so directed by the constitution ;
if this can be done, a Governor having a suitable
understanding with the legislature, may flare his -
'and theirfavorites on this foundation ; and thereby
not only preclude his successor from the aid of
friendly coadjutors, in the arduous administration
of public affairs ; but also subjet him to every dif
ficulty, which can be contrived by enemies. This
would be contrary to the practice of every well reg
ulated government, and not « doing, as we would
wish to be done to us."
Besides, the two Houses have no constitutional *
power to continue the present officers a single day
against the will of the Governor : It would be en
croaching too far on his authority, and destroying
his responsibility. Be all this as it may, the spirit
of our constitution is, to keep the Legislative Exec
utive and Judicial Departments in the government:
as distinct and independent of each other as possi
ble ; it has proscribed limits to each, the bap* rs
of which, cannot be passed without a violation of
this sacred instruments—The Executive branch
(among other duties) is “,o see, that the laws be
faithfully executed, which he cannot so well per
form, unless he has the appointment of the officers'
necessafy for that purpose. The legislature are to
zxa&e laws, not to ex/icund them, nor to appoint'
those who are to execute them.+
Second-— It seems to me to be inexpedient. On the
face of the bill it appears manifest, that the legisla
ture have no sbjecrions to the present officers ; no
^^
member has even hinted any thing'of Q^ kmd to
w-*h, why the Yfoty fo r% or ^^ beam'
can be derives from, me &fyfe at tab time to
the mode of ^pomtmtypf All legislatures hereto
fore for near hfeeu years, have thought this pcver
should be deposited with the Governor for the time,
being ; ana, if capable &nd'gocd occurs have been
appointed by.fam, (as seems to be acknowledged',)
what advantagehan be obtained for the public ser+
vice, by placing thes^ cheers hereafter under to
and pleasure of an ctr.ral%fiuc^ body,
vieritmorie will notse§^their ofetantre•fflectioihl'
they mustftcireOn^ mem
ber, as wed. as fays addre, nihranaremeni id
canvasmg lor vote's ! and More adroit candidate?,
at all times render their situation irksome and
r oftr^ ^f^ h
( tcw&oou, wiio w^ s^rc^ ra ^'^ 'rc^CTre„r
ure, and the advantages of experience win fe ig. *
^^ first Comptroller and Register-General were
appointed 'bf the Legislature ; the result is too well
known, and h% been too ro^flyfelt, ij require
any further animadversion ; publi&ilefault haslik&
wise occurred in one of the State Treasurers—more
than two hundred thousand dollars have, by these
officers, been misapplied ! These instances afford
no proof of the intended mode of appointment being
the most salutary. With respect to myself, it is a ''
matter ^ ftetfet, indifference who shall have the # '
appointment of tlig officers. The faithful discharge
of the trust of appointing officers, must be ahrara
.attended with great anxiety to a conscientious
mind.
Having been a member of as many Congresses,
Cenventions, Legislative Assemblies, and other pub
lic bodies, as perhaps any gentleman in the United
States,' permit me , to declare, that, from all my ex
perience and observation, a large ftubilc bodi i^ not
so well qualified to select the best character^ sub
ordinate offices as a single peraon responsible, un-
Jittered and independent.
The precedent being once established of the two'
Houses of Assembly assuming to. themselves the
power of appointing executive officers, " many an
error by the same example will creep into the state"
With more plausibly, the Secretary of the Land
office, the Surveyor General, Receiver General and
Prothonotary of the Supreme Court, may be declar
ed, to be in the treasury department, than the ac
counting Officers ; fpr they collect and pay a large
proportion of the public revenue to the treasurer of
the state. A• . {
I have no amWion for power, but [trust I shall
be excused in bolding it as a sacred dutv to trans
mit the constitution (which approaches "cs neanto
perfection a^any that ever did or does now exist
in the world) to my successors unimpaired and
unshackled by an act of mine.
, THOMAS MCKEAN.'
Lancaster, March 25th, 1805,
To the senate and house of representatives of the
^~^^. : QntrctaT&t&^^&tafyCTmra ^ ^.
GENTLEMEN,
I have perused and considered the bill entitled
" an act, regulating the administration of justice
within this commonwealth," and have directed the
, secretary to return it to the house of represetatives,
in which it originated, as I do not approve it—my
reasons against several bills of the like nature, which
have been presented to me within the last two or
three years, appear at large on the journals of both
houses ; I shall, therefore, confine myself at present
barely to mention:
First —lt is declared in the constitution, “ that
trial by jury shall be as heretofore."-By this bill
it cannot be had, until after the cause shall be tried
and decided by referrees—Exclusive of the time,
trouble, delay and expence attending the first trial,
there is danger to pe apprehended of subordination
of perjury from the 'evidence and strength of the re
spective parties being previously known, and the
minds of the jury, on the subsequent trial,, will pro
bably be influenced by the first decision. It appears
to me that it would bemore eligible for suitors in our
courts, to pay a certain stipulated sum of money to
the state, for an allowance to have a trial by jury
ir^the first instance.
Second—lt is provided by the constitution, « that
the judges es the supreme court, and the presi
dents of the several ' courts of common pleas shall
at stated times, receive fortheir services, an ade
quate compensation, to be fixed by law, which shall
not be diminished during their continuance in office,"
The president of the first circuit, composed of the
county of Philadelphia, &c. has by law, at present
two thousand dollars a year, the other five sixteen
hundred. By the present bill, the salaries of all the
presidents are reduced to thirteen hundred dollar#
a year with an addition of two dollars daily wages
for every day they shall be employed in holding
courts. It should have been Submitted by the bill
to the several presidents heretofore commissioned,
who reside within their former and newly appointed
circuits,w/ie/her they would accept ofthe alternative
or not ; otherwise it appears to me, to be a palpable
violation of another part of the constitution,^ which,
declares, " that no law impairing contracts shalll
be made." Besides it appears to me, that the forms
for the administration of justice prescribed by this
bill, are not so good as those which at present exist,
THOMAS WKBAN.&
Lancaster, March 29., '(
—_[&#<► —
Pennsylvania Convention. —The Grand commit
tee of the House of Representatives of Pennsylvania
consisting of a Member from each county, to whom
Were referred the various representapons and re
monstrances relative to the call o£Conventicn%fcr
filtering (we will hot shy amending),he constitution
have made a report, in substance sanctioning tha
principles advocated by the authors of the proposi
tion, but suspending the call ch the ground of inex
pediency, in order to give the people time to discuss
the subject, and express their wishes at the next
sessions.i.
Titis report, which is of considerable length, is
thickly ifterlarded with doctrines derived from, the
Godwinian School, and concludes with the following
resolutions— .'
Resolved, That although the House of Represent
Wives are impressed with the opinion that the p re .
sent constitution is defective, yet the number
>titions are not sufficient to justify, at this trne,&
measures Being tfo by the legislature fer cajfrZ
a h^ ; Mr? r #t r ^ e €»« ^ th^