Oracle post — Portsmouth, N.H., 1804-04-24 00:00:00, page 1

4Jg.il.. *g taeram.
Vol. XIV.I
"ramra ■=rerareraraiummMmro^^^
Mr. Sanborn's- statement.
Metirs. Treadwells,
TN warning the public against purchasing a
a .note of hand, signed by me, payable to Dan
iel French, Esq. I had nothing in view but to
prevent the circulation of the note, supposing its
merits could be more fairly tried between us if
an action were brought by Mr. French himfelf,
again ! me, than if it were fold, and sued in the
name of another person. I like wife considered the
expence and trouble there would be in disputing
the note, if it was fold and sued out of the coun
ty, as I hid reason to fappofe it would be. In
your paper of the loth of April some depositions
are published, and a statement from Mr. French
made, which was undoubtedly intended to in
jure me. In those depofitions,a small part of the
(truth only is related, I mud therefore, in vindica
tion of my own charader ; requert you to pub
|ifhfli§fatire depositions of dir. C n u.aud ^evi.
Morse; on their evidence,! am willing to reit the
matter for the present, leaving the public to
judge whether my advertisement was true or not.
J Oiall not trouble the public with any thing
further on the fubjert until I am legally called
upon. Moses Sanborn.
Mr. Carrs riffidivit.
I SAMUEL CARR of lawful age, depose
that on the evening of the 29th of February
last past, I was at the (hop of Moses Emerfin,
in Cheder, in company with Daniel French,Efq.
Moses Sanborn, David Pierce and Levi Morse.
In the course of the evening there was cdnlid
erable disputing between Mr. Sanborn & French,
and much irritating and infuhing language pass
ed between them - the dispute arose about wrell
ling, and several attempts at wretthng and
fcuffiing took place between them, At about 12
o'clock, I was handing near Mr. Emerson, who
observed to me, that he could not have borne
all the abuse and insult from Mr. French,which
Mr. Sanborn had : loon after this conversation,
Mr. Sanborn tock hold of Mr. French's colrar,
and said he wanted to wredie with him once
more, I fuppdfed they were going to wrelfle,
butfoon perceived they were angry ; Mr. French
pushed Mr. Sanborn, who then twitched, and
partly threw Mr. French down, they then
.clenched, and both came down on the health
together ; Mr. Sanborn was uppermost, and
ftiuck Mr. French several times; no person ap
peared to be in the l§aft difpqfed to interfere to
part them ; they got up after a Sort time of
their own accord ; on .getting up Mr. French
told Mr. Sanborn, he should answer for what he
had done ; some perforithen observed that
Messrs. Sanborn and French had better fettle
their quarrel that evening by leaving it to men :
after a little time they both agreed to leave the
whole that had happened between them that
evening, to the judgment of Moses Emerson,
David Pierce, Levi Morse and myfelf, and I am
positive that Meth s. French and Sanborn both
agreed to abide by our judgment. Afterretiring
as w moments we returned and unanimously de
clared it as ourjud„ entthat Mr. Sanborn should
pay Mi. French twelve dolls, which thould be in full
fatisfadion for the beating he had received. Af
ter our judgment was declared, I saw Mr. San
born borrow twelve dollars and offer it to Mr.
French, who muttered something I did not un
derhand, but did not take the money, altho' it
was offered to him several times : Mr. Sanborn
and myfelf then left the (hop and went home
together. The next morning Mr. Sanbe rn call
ed on me, and requeued me to gp with him to
'Mr. French's, and try to fettle the affair of the
Lift evening: on our arrival there, Mr. French
pretended he was unwilling to fettle in any way,
and told Mr. Sanborn that he meant to bring
four or five axions against him immediately,
for last night, work and that he had already
sent for the officer. From the time of our arri
val Mr. French repeatedly invited and urged
Mr. Sanborn to drink At the fame time repre
sentations were mide to Mr. Sanborn (by per
sons whom 1 have row no doubt were employed
for the purpose) to alarm him, he was told that
unless he fettled it would colt him his whole
farm, and that it would take all he was worth
if it went to law : soon after this word was bro't
to Mr. San'orn that Mr. French would fettle,
if he 'would fig# a note For seventy five dollars,
Sanborn was told that if he 'would sign this note,
there was no doubt but that Mr. French would
'give in ten dollars, or more of it, when it was
to be paid. After sometime, M . Sanborn, sign
ed the note, and Mr. French took it—Mr. san
born then asked for a receipt, which Mr. French
refufed to give him, but ftiil kept the note.
SAMUEL CARR, ,
Chester, April 16, 1804.
Rockingham, & Then perfnally appeared, Sam
uel Carr, and mode felemn oath, that the within
' affidavit by. him Jubferihed, contains the truth and
nothing but the truth.
Before Simon Towle, Justice Peace.
_ Mr. Morse s Affidavit.
J LEVI MORSE, of lawful age, teftify and
fay, that on the evening of the 29th of Feb
ruary lad pal I went into the (hop of Moses
Emerson at about half past seven o'clock in the
evening, I there found Moses Sanborn, Daniel
French and Samuel Carr. Mr. French and San
born veere disputing about wreftling—ln the
feourfe of the evening, many angry words and
much blackguarding palled between them, they
wrestled and feuffled together several times.
About twelve o'clock at night, I heard Emer
fa tell C&r that he would qa bare fubmiued
to what French had said to Sanborn. Soon as-1
ter this conversation, Sanborn took hold of
French's collar, and said he wished to wrestle
with him once more. French threw off his great
coat, and pushed Sanborn, aid I supposed ^as
going to fight with him—Mr. Sanborn pulled
Mr. French partly down; they thin clenched,
and both fell on the health together* Mr. an
born was uppermost, and (truck Mr. French lev
era! times— no one attended to part them—
they very soon got up, and Mr. French themtold
Mr. Sanborn, that he should answer tor what he
had done. Some person ^hen proposed that they
should fettle all their difficulty that evening, by
leaving it to men. After a short time it was
agreed that David Peirce, Samuel Carr, Moses
Emerson and myfelf should decide what should
be done between them ; and the said French
ana ianborn firmly agreed to abide out judg-1
meot. After consulting together we ail agreed 1
and del'vucd, <ur <>p;,i:w ^^ fyudrvnhafeA
pay French twelve dollars, whip fucoid be in
full for ail the injury the said San orn had done
French. I saw Sanborn offer that sum to French
who said something I could not understand,
but would not take the money - Sanborn then
went home. Levi Morse.
Chester, April 16, 1804.
Rockingham, ff Perfnally appeared the within
named Levi Mofeand made faemu oath that the
within affidavit by 'himfubferibed, contains tee truth
and nothing but the truth.
Before Simon Towle, Judice Peace.
Mr. French's statement.
For the ORACLE.
Messrs. Treadwells,
In perilling your Oracle Post of the zyth inst.
was much surprised at meeting with the follow
ing advertisement, to wit. "The public are
“ hereby cautioned against purchasing a Note of
“ hand signed by the subscriber, payable to
“ Daniel French, Esq of Chester, or order,
“ for the sum of faenty Jive dollars ; dated some
“ time about thetilt of March, 1804. As said
" Note was fraudulently obtained without any
“fonfidAs/on having been received therefor, 1
" am determined not to pay it."
“ MOSES SANBORN."
My farprife, gentlemen, arose frbm two con
siderations—the one because (hereby Mr. San
born divulged afeciet co an auferefather at whole
provoked wrath the child mutt tremble, and
which, he enjoined, in the mod impressive man
ner, on all present when the note was made to
keep in profound concealment, that the dreadful
ire of a vindictive father might not be kindled
again# him ; and at the fame rime forfeited a
promise of fecrefy that common prudence would
have taught him to have kep, at this however\
was neither disappointed nor provoked, fuffice it
to fay I knew the man; secondly, that he and I
should agree in, so many of the fads dated in his
publication — we agree that a note was made by
him—that it was made about the firft, or if he
pleated, the very firrt ot March 1804, that it was
tor the sum offeventy five dollars, that it was made
payable to me or my order, and if he does or
does not consent ou demand with interest. There
remain then, in his Statement two fads duly,
admit which we disagree ; that is to fay, the
manner in which the note was obtained and the ,
matter of con fideration. If Mr Sanborn's state-;
ment as to these two particulars be true, I de-1
serve all thatpublic odium which villany ought:
to inspire ; but if falfe, he richly merits all that 1
retaliation which truth and the laws can inflift.
To exonerate myfelf from a charge so falfe, and
a crime so base is an indispensable duty
which Ino less owe to the public than to my
friends, my family and myfelf* To this end I
have gentlemen, to requelt you, in addition to
this letter, to publish the several affidavits ac
companying it in your next Oracle Port ; from
whence the truth relative to the two fads about
which Sanborn and myfelf disagree, may be lit
erally afeertained, upon this evidence gentlemen
I submit myfelf to a candid puplic 10 whose de
cilion I (hall I trull cheerfully lubferibe Permit
me further to observe, gentlemen, that when the
public confider the ipfolence of the advertisement
the broad imputation of guile & the falfity of re
presentation, I flatter myfelf with meeting their
and your approbation in making this defence,
" the wounded bird will flutter." —ln Justice
however, to Mr. Sanborn I feel it my duty to
declare that I do not believe the whole imputa
tion of guilt, attached to this public imposition,
might to be cart on him alone. The tendencies
of a stratagem being equally calculated to fill oth
ers asto drain his pockets impresses my mind, ir
refiftably that he was not alone in devising this
malignant and diabolical scheme to stab the rep
utation of a profeffional character.
DANIEL FRENCH.
March gift, 1804.
Abner Blaifdel's Affidavit.
I ABNER BLAISDEL of Chester in cur coun
ty of Rockingham, depose and fay, that on rhe
morning of the firft day of March last, a report cir
culated in my neighbourhood that Moses Sanborn
of the aforefaid Chester had on the preceeding eve
ning 'committed.an unprovoked and violentaffault
and battery upon Daniel French, Esq. and that the
said French was much abused and injured I called
early or that morning at Mr. French's house to fee
him and found him extremely hurt • in a few min
sute Mr. Sanborn accompanied by a Mr. Carr,
came in, Mr. Sanborn appeared to be very penitent
for what he ten done and requested Mr. French to
step into another room and here proposals of settle
ment— they stepped into the next room and were
gone but a syn time,when they returned and Mr.
ORACLE POST.
>.■.■—, ... I ._-lg*22J»— |»~- .-
TUESDAY, April % 18%
I , >^ in laid they h^l nu agreed, SanOOrn then
"° k me ^'^ and toh me be had of
cf^tfi . French fitly dollars as a compensation for
be ^.rage he h^ e n e him, but French demand
ed ^e hundred, Mr. S^ born then desired me to
aTO min aff^^g „fitkmenr, and Mr. Samuel
C 0 & myi^f prevailed o n Mr. Frenchto content
to' liv inm of seventy -five collars to the pay
me^ f which Mr..Smb.rn agree!. A note was
tn-n ,rawn for ? b lum ^b^h.M' Sanborn reaai.
nL ot ribe', Mr Carr and Iwn.vff.d; anti Mr.
Fr^ h accepted. The note advertifeu by Mr.
SaQuin 'h e O?acb <fthe 2 7th of March laid,
pay t^ M French, 1 believed be the partita
hr re then male.
I further fiy that the note aforefaid was not
da r latrine time it was signed and witnessed,
an. Iht t 1 then mentioned it, and that 1 put the
dat: on then at Mr. French's request and by
yr anbora'scontent, and in presence of both
tT^^ec. A Nr.^ fill -hrL
l&cking'ham.j. Crfc% April id. 1804.
Then perfnally appeared Abner BlafLl, and so
lemnly swore that the contents of the within affidavit
by him Jubferibed isjuft ana true.
Before otepben Chafe, Justice Peace.
Samuel Can's Affidavit.
I SAMUEL 61RR of Chester in our county
.of Rockingham, depose and lay that V ofes
Sanbornof Cheder, on the morning df the fit
day of M, ch 1004, <'e6red me to ~ wth him n
fee Dir.iei French, E q. to try td leule a nifficuby
that had hippere' between item the event g be
for, when we arived a Mr. French's h?ule we
found him badly hurt. Mr. Sanborn said be was
Wry ter what he had d<n, and requested Mr.
French to dtp into another room to fee if they
could ferk—they were gone but a few minutes
when they returned Mr. Senborn said they hao not
fettled Ms Sanborn then tor k Mr. Abner ELifoel
into the next room,and there they rehia ned for
some time, when they requeued me to come to
them, soon after I went in they requeued Mr.
Fnncli to conic in and draw a note tor seventy five
dollars payable by the laid'Sanborn to the lain French
or order, on demand with interest, which the laid
French did, an# which the laid Sanb rn immedi
ately signed, Mr. BlaiGdel and myk:£ witneffrd, and
Mr. French a< tested as lecur y for the damage he
had fuflained by the laid Sanborn the evening be
fore.
N. B. The note aforefaid was not dated before
it was figged and witnessed, but Mt. Blaifdel im
medwely pur on the date, while Mr. Sandborn
was preient who did not object thereto.
SAMUEL CARR.
Rockingham,ff. Chefer, April 2, 1804.
Then perianal) appeurra Jameel Carr, and fo
lemny swore that the contents of the above affidavit
by kim fubfeibed is just and true.
Before me, William White, fuftice Peace.
Robert & Sarah Graham's affidavit.
WE the fobteribers of Chester in cur coun
ty of Rockingham, depose and.fay that 1
Moses anborn, of Cheiter, called at o r house
on the firit of the week, succeeding that in which
the difficult) had ha pened between him and
Daniel ,'tench, Efa of welter, .kr. anborn
oblcrv&hac he Alt extremely unhappy on ac-1
count of his lait week) work, Aos. C^abam alk-j
• ed him what he had done, he said he had injured
I Mr. French and was lorry for it, and further
said he hoped oir. French uou^d not take the
j sum he had agreed to give him when he should ;
j appear to pay the note, if he treated him pmty
well until that time.
ROBERT GRAB AM,
SARAH GRAHAM.
• Rockingham, ff. Chester, April 2, 1804.
Then personally appeared chert Graham and Sa
rah Graham, tend solemnly J^ore that the above affi
davit byrihem Jubferibed is just ana true.
.Before me, William Waite, fufiicePeace.
State of New-Hamplhire. Strafford, ff.
To the honorable the Ju/hces of the Supe
rior Court of Judicature, to be holden at Dover, .-
within and for the county oj Strafford on the
fourth duefday of February next.
Humbly Shews,
Margaret furniss of Portf
toouth in the county of Rockingham,wid
ow, guardian of William P. Furnifs a minor un-|
der the age of twenty-one years, that said minorj
is seized in fee of an undivided fifth part of a f
meffuage ahd lot of land situate in Durham in
said county, and also of an undivided sixth part
of a location granted to his father Robert Fur
nifs; that it ismeceffary 'for the support and
would be conducive to the interest of laid Ward
to fell his real estate. She theiefore prays ypur
honors to grant her licence for that purpose.
Margai et Furnifs.
January 12, 1804. — □-
Strafford, fl. Superior Court, February term 1804.
Ordered by the Court that the petitioner notify
all persons concerned to appear before the Justices
of the Superior Court of Judicature to be hokicAt
Dover, within and for the count) of Sir fford, on
the firft Tuefday of September next, to fbew cause
(if asy tliey have) why the prayer T said petition
fliould not be granted, by cauGogfaid petition and
order of Court thereon, to be publitbed three weeks
successively in the Portfm uth Oracle, the Est pub.
lication whereof to be fix weeks before laid term, r
Attest, „ Nath'l Adams, Clerk.
Cepy examined b, Nath'l Adams, Clerk.
CASH and the highest priff givenfor
RAGS, at Triadw ells' Book, Store.
^^^^^^^^s^E-r^CTßTO^te^^ ?^a ii .c irowrarate
IJudge Chase.
— —cap _
REPORT
Os the committee appointed to prepare articles of
impcachmen', agaioft Samuel Chafe, one of the
a^ciaif Judices bf the Supreme Court of the
United boites.*
ARTICLES OF IMPEACHMENT.
' x '"°'™' by the H^ufe of Rcpie'cn'atives
of United Sia.es, in the name es tnemtelves
and of ill the people of die Uniter Sates, against
S+CT) c pt i Chafe, one of rne alEciate justices ot Ure
fupr^mr e no of the United States, in mainte
romce an frp,„i of their impeachment against
hur, for high crimes and mildemeanors.
ARTICLEL
That unmindful of the solemn duties of his office
and contrary to toe sacred obligation b; which he
„Ik hi pound r^ bfenargethem "faafity and j m .
pnt@v, and without relped to perform," the laid
Smuet Chafe, on the trial ofJoho Fries, changed,
with treason, before hetircuit court of the United
States tel for rhe D Brief of Pennfylvani,in the city
of Pbihdefpui % curing the months of April & May
one rtioufHid eight hundred, whereat the said Sam.
ud Chafe pr fried, did, n hisjudicial capacity, con-.
cud hinged u. a manner highly arbitrary,oppreffive
and uojuft viz :—
1. In delivering an opinion in writing, on the
question of law, on the conftruaion of which the
ocience of the accuted materally depended, tending
to prejudice.the minds of the jury against the case
of die said John Fries, the pnfoner, before conn,
ftl hid been heard in'hisdefence.
2 In reftriaingthe coyote! for the said Fries from,
recurring to such Englifli authorities as they be
lieved oppofite, O f from ciriog certain flames of the
United States which they deemed illustrative of the
portions upon w.ich &y intended to rest the
defence of their client.
3. In debarring the prif ner from his conffitution.'
al privilege of addo. ffing the jury (through his count
fe.) on the law as well as on he fad, which was to
determine his guilt or innocence, and at the fame
time endeavouring to wrest from the jury their in
pilpuGble right to hear argument,and determine up
on the question of law, as well as the question of
f 4& involved in the verdict which they were re
quired to give,
ARTICLE 11.
That, in consequence of this irregular conduA of
the said Samuel Chafe, as dangerous to war libero
as it is novel to our laws and usages, the said John
Fries was deprived of the right, secured to him hy
the eighth article amendatory of the constitution, &
, was condemned to death without having been heard
by couofel, in his defence, to the diferace of the
cuffaaer of the Amexan Bench, in maokfeft vfo ra
lation of law and jurtlfyand in open conteir pr of
the rights of juries,on which ultimately rest the lib
erty and lafety of the American people
ARTICLE Hi.
That, prompted by a fim far spirit of perfecurioW'
and injulhcc, at a circuit court of the United States
{ held at Richmond, in the month of May 1800, for
the dittrid of Virginia, whereat the laid Samuel
Chafe piefided, and before whicha certain Jamesi
Thompson Callender was arraigned for a libel orc
John Arams, then President of the United States^
the said S muri Chafe, wuh intent to opprefy
I and procure th- conuiaion of the said Calender,
li4 over rule the obfraion of John Basset, ueoftho
jury wh,w died to ue excused from ierving on that
laid trial, because he had made up bis mind, as to
the publication from which the words, charged to
; be libellous, in the iodidmen!,were extract d; and
the fai ; Baitt was accordingly fworu and did ferv’
on the* faid'jury.
ARTICLE IV. -
That the evidence of John Tay'or, a material *
wituefo on behalf of the aforefaid Callender was not
permitted by the Samuel Chafe to be given in, be
cause the laid witness could not prove the uuth of
the whole of one of the charges contained in the
indi&ment,? It hough the said charge embraced mor©
than one fid.
'ARTIGLE V.
That the conduct of the laid Samuel Chafe was
marked, during the whole course of the said trial,by
manifeftinjuftice,partiality and intemperance ; viz.
1. In retufing to postpone the trial, although an
affidavit was regularly filed, flaring the abfeence of
material witness on behalf of the accused.
2. In the use of unulusi, rude and contemptuous
expreffioas towards the prifooet'scoynfel ; and in
insinuating that they wished to excite the public
j fears and indignation and to produce ihat infubordi
-1 nation to law to which the eondua of the judge did;
I at the fime time maoifeffy t^n•:
3 In repeated & vexatious interruptions of the
said counsel, on the part of the said judge, which
at length induced them to abandon their c^ufe
and their client, who was thereupon convicted
and condemned to fine and imprisonment :
4. In an indecent solicitude, manifefted by
the said Samae, Chafe, for the conviction of tJie
'accufed, unbecoming even a public prosecutor
but highly difgraceful to the character of z
judge asit was subversive of justice.
ARTICLE VI,
That, at a circuit court of the U. States, fir th©
dirtr aof Delaware, held at New-Castle, in the
month of June, one thousand eight hundred,
whereat the said Samuel Chafe prefided,-the said
Samuel Chafe, difregai ding the duties of his office
did defeend from the dignity of a judge & stoop
to the level of an informer by refuting to dis
charge the grand jury, although entreated by
" several of the said jury so to do ; ano after the
laid grand jury ha regularly declared, through
their foreman, that they had found no bills of
indi^ment, nor bad any prefen?q^nts to make
.by obfyving to the said grand jury, that he the
said Samuel Ch<fy uadeHtood" that a highly
1 ' .1
±^l !CT. I .W
[No. 29.