Oracle post — Portsmouth, N.H., 1804-01-03 00:00:00, page 4

for-— ,— — —, — '
Important Document,
Communicated to Congrtfi, by the Prudent of the
United States, on the 13th Nov. 1803.
An account of Louisana:
hieing an a^ftraft of Documents in the Offices of the
Departments of State and of the Treafuy.
[Continued.]
TOf Lands and Thler.
HE lands are held in feme instances by grants from the
Crown, but mdftly from the Colonial government. Per
haps not one quarter part of the lands granted in Louifuna
are held by complete titles ; and of the remainder a coniid
erable part depends upon a written pernaiffion of a Com'
mandant.—Not a small proportion is held by occupancy
with a Ample verbal permiflion of the officer last fantiooed.
This practice has always been countenanced by the Spanish
government, in order that poor men, when they found
themselves a little at case, might at thaif own conveniency
apply for and obtain complete titles. In the mean time
fitch imperfect rights were fuffcred by the government to
tieicend by inheritance, and^ven to be transferred by pri
vate contract. When requifice they have been seized by
judicial authority and fold fofthe payment of debts.
Until within a few years, the governor of Upper Lotti-
Sana was authorifed to make surveys of any extent. In
the exTcife of this dffcretionary power, feme abuses were
committed, a few small monopolies were created. About
three years ago, he was reftrAeri in this branch of his du
'ty, fiacc which he has been> uly authorized to make sur
veys to emigrants in the following manner. Two hun
dred acres for each man and wife, fifty acres for each child,|
and twenty acres for each Have.—Hence the quantity of
land allowed to feeders depended on the number in each
family, and for this quantity of land they paid no more
than the expepee of survey, These surveys were necefiary
to entitle the settlers to grant's, and the governor, and after
%iin the Intendant at New-Orleans, was alone authorized
to execute grants on the receipt of the surveys from the
settlers. The administration of the land-office is at pre
sent under the care of the Intendant of the Province.
There are no feudal rights nor noblesse.
It is impossible to afeertain the quantity of lands granted,
without calling on the claimants to exhibit their titles, the
regillry being incomplete and the maps made by the dif
ferent surveyors-general having been burnt in the fires at
New-Orleans of 1788 and 1794^ No estimate has been
ebtained. . 1
All the lands on both sides of the Miffifippi, from the
distance of sixteen leagues below New-Orleans to Baton
Rouge, are granted to the depth of forty acres, or near a
league, which is the usual depth of all grants. Some have
double and triple grant—that is to fay, they have twice or
thrice forty acres in depth, and others have grants extend
ing from the Miffifippi to the sea or the lakes behind them.
In other parts of the country the people, being generally
fettled on the banks of creeks or rivers, have a front of
from fix to forty acres, and the grant almost invariably ex
presses a depth of forty acres.—All the lands ungranted in
the island of New-Orleans or on the opposite bank of the
Miffifippi, are sunken, inundated, and at present unfit for
Cultivation, but may, in part, be reclaimed at a future day
by efforts of the rich and enterprising.
Cultivation of Sugar.
The fugar-canc may be cultivated between the river
Iberville and the city, on both sides of the river and as far
back as the fwaraps. Below the city, however, the lands
decline so rapidly that beyond fifteen miles the foil is net
well adapted to it. Above the Iverbille the cane would be
affected by the cold, and Its produce would therefore be
uncertain. Within these limits the best planters admit that
one quarter of the cultivated lands of any considerable plan
tation may be planted in cane one quarter left in pasture,
and the lemaining half employed for piovifious, &c. and a
Teferve for a change of corps. One Parisian Ar,ent of on^
hundred and eighty feet square may be expe&ed to pr
duce on an average twelve hundred weight ot sugar, and
fifty galloos of rum.
From the above data, admitting that both sides of the
river are planted for ninety miles in extent and abourthro
fourths of a mile in depth, it will refute that the annua
produ& may amount in round numbers to twenty-kv
thousand hogfoeads of sugar, with twelve thousand pun
cheons of rum. Enterprising young planters fay that on<
third, pr even ore half of the arable land might be planted
in cane. It may aifo be remarked that a regular fupplj 0,
provifinns from above at a moderate price, would enabi
the planter to give his attention to a greater body of lam
cultivated with case. The whole of these lands, as may
foe supposed, are granted, but in the Atacapas country
there is undoubtedly a portion, parallel to the sea-coast, fit
for the culture of the sugar cane. These vacant lands ar
to be found, but the proportion is at present unknown.
In the above remarks the lauds at Terre aux boeuf, on
the Fourche, Bayou St. Jean and other inlets of the Miffi
fippi, fouth of the latitude supposed to divide those which
are fir, from those which are unfit, for the cultivation of the
cane, have been entirely kept out of view. Including these
and taking one third instead of one-fourth of the land fit
for sugar, rhe produce of the whole would be fifty thousand
instead of twenty-five thousand hogsheads of sugar.
The following quantities of sugar brown, clayed and re
fined, have been imported into the United States from
Louisiana and Floridas, viz.
In 1799 773.542 lb. In 1800 1.560 865 lb.
In 1801 967,61, Ik In 1802 1,576,933 lb.
Os the Laws.
When the country was firft ceded to Spain, the preserved
many of the French regulations, but by almost impercepti
ble degrees they have disappeared, and at present the pro
vince is governed entirely by laws of tyin and the ordi
nances formed exprefdy for the colony. Various ordinan
ces promulgated by Geheral O'Reilly, its firft governor un
der Spain, as well as some other laws, are translated and
annexed in the appendix No. 1.
Courts of yufieg.
The governor's court has a civil and military jurisdic
tion throughout the province. That of the lieutenant gov
ernor Ibas'the fame extent in civil cases only.
There are two Alcaldes, whose jurifdi&ioo, civil and
criminal, extends through the city of New Orleans and
five leagues around ir, where the parties have no feuro mil
frar or military privilege, these who have can transfer
their canfes to the governor.l
Ite tribunal cf the Intendant has cognizance of admi
ralty and fifeal cases, and such suits as are brought for the
recovery of money in the king's name or againti him.
The tribunal of the Alcalde Provincial has cognizance of
criminal caufcs, where offences are committed in the coun
try, er when the criminal takes refuge there, and in other
Specified cases.
Tie ecelefiaftical tribunal bas jurifdiaion in all matters
refolding the church.
The,governor, lieutenant governor, Alcaldes, Intendant,
Provincial .Ahade, and the Provifor in ccckfiaftical causes,
•re refpeaivcly foie Judges. All featences, effecting the
life of the culprit, except those of the Alcalde Provincial,
anuft ba ratified by the superior tribunal, or captain gene
ral,according to the nature of the case, before they are car
ried into execution. The governor has not the power of
pardoning criminals. An auditor and an assessor, who are
doctors of law, ire appointed to give ccunfel to those
Judges, but for feme time past there has been no assessor.
If the Judges do not confuft those officers or do not follow
their opinions, they make thcmfelves refpcnfible for their
decifinn*.
The cemman't anta of diftrids have also a species of ju
dickl pewer. They hear and determine all pecuniary cau
< fa not exceeding the vitae of one hundred dollars. When
the fnh is for a larger sum, they commence the process,
celled the proofs @ remit the whole to the governor, to
be decided by the proper tribunal. They can inflia no
corpora! putafcm:.ut except upon Haves, but they have the
power of arresting and imprifonir.g when they think i: dc
ceffary, advice of which and their reasons must be trans-1
mined to the governor,—Small feiu are derated to a 1
femmary way by hearing both parties vive 1% but in
suits of great magnitude the proceedings are carried on by
petition and reply, replication and rejoinder, reiterated un
til the auditor thinks they have nothing new to fay.—
Then all the proofs either party chutes to adduce arc ta
ken before the keeper of the records of the court, who is
always a notary public.
The parries have now an opportunity of making their re-,
marks upon the evidence byway of petition,, and bringing
forward opposing proofs. When the auditor considers the
cause as mature, he issues his decree, which receives its
binding force fem the governor's signature, where the
cause depends before him,
There is an appeal to Havana, if applied for wKhin five
days after the date of the decree, in causes above a certain
value. An ulterior appeal lies to the audience which for
, taerly fat at St. Domingo, b,t which is now removed to
some part of Cuba, and from thence to the council of the
Indies in Spain.
Suits are of various duration. In pecuniary matters the
laws encourage fammary proceedings. An execution may
be had,on & bond in four days, and in the fame /pace on a
note of hand after the party acknowledges it, or after his
flgnattire is proved. Movable property is foldafter giving
nine days warning, provided it be three times publicly
cried in that interval. Landed property nwft be iikewife
cried three times, with an interval of nine days between
each, aud it may then be fold All property taken in exe
cution must be anpraifed and fold for at kaft half of the
appraifenient In pecuniary matters thegoverwrs decide
verbally without appeal, when the sum does not Exceed one
hundred dollars. The alcaldes have the fam. privilege
when the amount is not above 20 dels.
In addition to these courts four years ago there were es-1
tablifhed four alcaldes de barrio, or petty mam/Le;, one 1
for each of the four-quarters of the city with a vft£o im-1
I prove its police. They hear and decide all' d&%th notl
-exceeding ten dollars, e:ercif: the power of com oitefog to |
;prifon,and in case of robbery, riot, or afal|hfai<ra,the^|
can by calling on a notary, take cognizance of the affair,|
but when this is done, they arc bound totemic the pro
ceedings to some of the otherjudges, andii all cases what
ever, to give them information w^en they lave committed '
any person to prison.
Most of the faits are on persona! cortecls, rights to|
dower, inheritances, and titles to land Thlfe arising from 1
personal quarrels are generally decided in ahmm-ry way.
The inhabitants are said not to be litigio s,l
Lawyers tend cfo of the Court: and then officers.
The number of lawyers is small, not exceeding three or
four attorneys Their fees are small Suitslare carried on
in writings, called eferkos, which may be drawn up by the
parties themselves, if they plcafe, but they Imuft' be pre
sented by the eferibano, or notary, who is the keeper of
the records of the court,
The fees cf the Judges are twenty-five cents for every
hall signature pi fiourilh (which is ufuaily at:e! on cora-|
mon occasions) titty cents for every whole ^nature, and;
two dollars and three fourths for every attendance, as at aI
sale, or the taking of evidence |'
The fees of the Abogado, or person confuted by the 1
Judges on law points, are twelve and a hhlf cents for
every leaf of which the process consists, and four dollars
for every point of law cited. Those of tpe attorney,
when employed, are sixty-two and a half , cents for a
simple petition or efcrito; but if it should ^c necessary
to read a process in order to form his petition, and it
I fhould require much time and labour, he is compensated
in proportion, besides twelve and a half cents per leaf
for perusing the papers For attendance on any bulinefs
he is allowed one dollar and fifty cents for the finance
of two and a half hours The notary has fifty cents for
each decree or order of the Judge, twenty-five cents for
? notification io his office, and fifty cents for lone out of
it, but within the city, one dollar and seven eights for
every attendance of two and a half hours ^ buGnefs,
and twenty-five cents additional for every leaf of paper
written by him
A councilor or two have sometimes resided at New
Orleans, but being generally found obnoxious to the offi
cers of government, they have not continued there The
councilor, values his own services, and in general exa&s
large funis The attorney generally receives £r the
party who employs him more than is allowcu'tf^W.
ITo be continued.)
«fe«fctfr<fr~bto ±,»-, «<T r ,«rt4tfc «4,«*fy.«4e
REMOVAL.
EDWARD PARRY,
tNFOkMS ins Friends and the Public,
A thit He %.$ riewoved iron ) Congrets-ftreet, to his
New Brisk Stole, No. 10, Market-freet,
uh re lie his opined 3 large aflorrment of
Fall & Winter Goods,
which he has imported direct from the Manufac
turers, which will be fold at the lowest advance, by
wholesale and retail—conjiit ing of
Belt fupeifine London blue, black,drab,
mixt,corboe and bottle greet) Broad Cloths.
Double milled, drab, and other fafhion
able colour Cnffimeres; flip r fi n e drab, mixed, and
Brunswick Forefl Cloths.
Twilled Duffils and Coatings ; Baizes
and Flannels.
%, so ^, and ? Rose Blankets of
superior quality.
A large aflortmeat tffaftionabk
Swanfdown and other Vesting; black,
blue, and Olive Velvets, Thickfetts and Corduroys.
4 complete afotment of
Strowbridge and Jersey 3 threaded knit
Stockings, silk and cotton do.
Callimancoes & Ruffels ; fuperfine Du
rants and Tammies ; London Shalloons arid Flor
entines.
Muffs & Tippets ; Lace, Furr, and
other Trimmings.
Fashionable Chintzes and Bed Furni
ture, with a large aflortment of fringes and toffils
to pitch.
Fashionable Mullin, of every defcrip
r'oß ; Dimities and Muflinets.
Iriih Linens & Sheetings.l
^ large offortment of
Camel's hair and silk Shawls of every co
lor ; Modes and Sartins ; Lages and Edgings of fu
periur qualities.
a large affetment ts
Ladies and Gentlemen's new fafhion
Braver Hats ; black and colored Feathers Wreaths &
Flowers ; faihionable shagg for Hatts ; Gold ' and
silver dress Italian Crapes; black, piak, blue, and
white plain do.
25 bales of Sewing Twine; Salmon
Twine ; Cod Lines and Herring Netts..
Portsmouth, No. 10, Marfa.firm, Nov. 19, 1803.
QBQttQc arttra —••_■•—tanmfcraQgQßQrac; mud
Joseph & Joshua Haven
No. i, Merchants' Row;
HAVE received by the lift arrivals
from England, a large assortment es
Fall & Winter Goods,
Iwhich1 which are new ready for sale, wholesale and
retail. NoYMMBaa 5, 1803,
REMOVAL, 1
B. Brierley,,
BEGS leave to acquaint his friends,
and the public, that he has removed from
Broad-street to that commodious new Fire-proof
Brick-Store, No. 9, Market-street,
where he has for file, received by the late'different
arrivals from Europe, a nod extensive and chocie\
ASSORTMENT OF
GOOD S,
which will be fold at a very low advance by
WHOLESALE or RETAIL. October 8.
NEWGOOD^
James Rundlet,
n ESPECTFULLY informs his cuf-]
romers and the Public, that he has just received per
the Venus & Maria from Liverpool, and the Tiger from
London, an additions! supply cf
Seasonable Goods
which completes his Winter Affortment —they are now
opened and are ready For Sale at a fm:11 advance by
wholesale and 'retail —the assortment confifla cf
I BES I" Superfine London Broad Cloths ;
' Middling and low priced ditto a large feppl, ; best
I Superfine and common Cassi merits; Superfine and common j
ICoatings and Ratteens t Duffiils ; Forest Cloths ; Serges:
i Baizes ; Fiannek : Swarfkins ; Dometts ; Lambskins ;
Rose Blankets; Kid&minflet and Scotch Carpets and
Carpeting.
A large afortment of
Fashionable Swapfdown ; Toilinet and silk
Velvet Waifcoating : Velvets and Hunters .Cords ; mens
I plain and Griped black Sattins ; black Elk Serge incompa
rable.
An extefue Gfortmenrof
Calicoes and Chinrfes; Ginghams ; Sarfenet ;I
Cambricks plain and er.bcfs'd, faftiohable color'd, and
Black , • BookJackonct, Tamper'd and Cambrick Mullins ;
Black Muffins ayd Cambricks; Muslin Sliawls and Hand
kerchief. dgreat variety of
Patch Furnitures with fringes and tass
els to match ; red and white, blue and white and purple
and white Copperplates; Dimity Furnitures; Muflinets
I and Dimities; Camel's hair Shawls colored and white;
I Silk Shawls; purple and white and patch color ditoo;
j fpetted and checked Pocket Handkerchiefs ; Cambric, linen,
I pullicat, lungee, flagg, 'bandanna and black silk Handler-1
i chiefs. A bandfome ufGrtment of
Plain, changeable, striped and checked 1
Italian Silks; black and colored India Luftrings; Sattins;
Modes; Italian Crapes; Cypress; Guazef; Thread, Lac-;
ies and Edgings; black patent Laces; Lace Veils, Lace
Shawls, Lace Vandykes and Lace Cloaks; Ribbons,
Tastes and Galoom Bindings.
A large oftrtment of [
Diaper and Damaik Table Cloths,
from 75 cents to 10 dollars each, ? 4 5 6 7 c,s
I
wide Diapers ; India Napkins ; IrifhLinens ; India Cot-|
tons ; India Callicoes $ Oil Cloth Patterns ; Moffs and
Tippets.
American and London made Beaver
Hats of the reweft fafhion; mens and youths common fur
and camels hair Hats ; womens Beaver Hats and draw
Bennets; fashionable wreaths and Flowers; straw Trim,
mings; Ruffels; Calamancos; Durants; Tammies; Shal
oons; Camblets; Wildbores; Florentines: Umbrellas:
Parasols.
Meu's worsted, cotton and silk Hose,
women's & miffescolored & white cotton do. black Worked
do. women's silk, cotton and werfted Gloves; men's white
and black gauze worked Hose, men's glk, cotton, beaver,
and beaver lined with flannel Gioves—cotton and silk Brac
es, Hat Cases.
1000 Groce fafhionable coat and vest
Buttons, ,Shirt Wires—Pen-knives, Sciffars, Knives and
Forks, Jack-knives, Tooth Brushes per grope, Tapes,
lb. and bundle Pins, Needles per LI. Threads, Sewing
Silks, Twists, Morocco Pocket Books and Purfes-Qadies'
Pocket Books and Thread Cases, Bobbins, Silk Cord, Ivory
Combs, Lead Pencils, Button Moulds, Nankeens, &c. &c.
Portfortath, Congrefs-jireet, near the State-House,
December 13, 1803.
For Sale by
T. MORTON,
Sign es the Golden Key, Congrefs-freet,
I'w" Doors from the Portsmouth Eone.
HYSON, Young Hyfon, Hyfon-fkin,
Soufliongand Bohea Teas warranted. Cog
niac and Barcelona Brandy ; Holland's and Amer
ican Gin; Rum per hhd. or otb&wife; Madeira,
Sherry, Lifb>n, Claret, Port, and Sweet Wines, per
quarter calk or left quantity; Loaf, India and
brown Sugars; Coffee; Flour; Poilock Fifb;
Salt ; Cotton ; Cards, &c. together with a general
assortment of
of the firfl quality, and very low for ready cafli.
Attendance from lun-rife, until 9
o'clock in the evening. (r.f.)
Pottfmouth, December 3, 1803.
AQUEDUCT.
THE Proprietors of the Portsmouth
Aqueduct are notified, that their .annual
meeting will be. held.at the EaR .Chamber of the
State iHonfe, on Wednesday the fourth day of Jan
uary next, at 3 o'clock in the afternoon.
Samuel Elliot, Pro's. Clerk.
December 17, 1803.
Peter Coffin,
HAS just received per fuip Tiger,from
, London, an additional fepply of
Fancy & other Goods,
CONSISTING OF<
Chintzes; Qimities ; Black and co
lored Sarfenet Cambricks and Gingham ; faffi
ionable cotton and silk Girdles ; black Laces ;
Broad Clothe; best double mill'd Cafftmeres ;
fuperfine fashionable Waillcoating ; Bed Laces
and Fringes, &c. &c. December, 20#
Ground Rent.
ALOT of LAND,fituated on High
ftreet, opposite Mr. Wm, R. Hardt's, fuimble
for sor 6 final! Buildings Any person or persons wishing
for such a convenience, may be suited by applying to
# William Brewster.
Portfmcutb, December 24, 1803.
S. LARKIN,
Has for Sale at bis Sto>e on the Parade,
a general afirtaent of
W- India Goods & Groceries,
qwhich he offers very low for cash.
AMONG WHICH HE HAS
Excellent old Cogniac, and
Spilth BRANDY, by bbl. or
gallon ; old Jamaica RUM; best HoL
land GIN ; Madeira, Lisbon, Sherry, and
Malaga WINES, per qr. calk, or retail ;
No. I & 2 Chocolate of a superior qual
ity per box or retl&k SUGAR and
FLOUR per bbl. ; cBfFEE, COT
TON, and INDIA SUGAR per bag ;
excellent English Muflard pef keg, Ib.
or bottle ; Ginger per keg ; best Si^qL
Sugars pr. box ; Loaf and Lump Sugars"
frefn Raisins per box or caik; Hyfaq
Skin, Souchong, and Bohea TEAS pr.
chest ; Window Glal svarious lazes ;
Pepper ; Alfpice ; Cassia ; Spersrh
Mould, and Dipt CANDLES ; Choc
olate Shells, and Cocoa ; Gun P^tr
Hyfon, Young Hyfon, and So&te^
TEAS ; Basket Salt ; Split Feas of ^
excellent quality ; Zant Curran.
Prunes ; Figs ; Shell'd Almonds ;
Grapes ; Olives ; preferv'd Ginger ;
Mufcadel Raisins ; Mate ; Nufmegs ;
Cinnamon ; Cloves ; Indigo ; Saltpetre;
Starch ; —and various other articles,
allo, Wrapping, Writing, Printing,
Sheathing and Press Papers.
Portfmotah, Dec. 24.
JOHN MAN,
has for Sale, at the corner of Market, and
Bow-streets, Spring. Hill,
RUM, GIN, and BRANDY, pr
bbl. or gallon, Hyfon, Souchong, and Bohet ;
,TEAS ; Loaf and Brown SUGARS;
;No. i, and 2 Chocolate ; Coffee ; Span
lilh INDIGO of an excellent quality pr.
dozen cr less quantity; GINGER pr.
keg, dozen, or lb. Gun Powderdo ; Nut
megs ; Cloves; Pepper; Allspice ; Salt-
Jetre; Copperas ; Allum ; Red Wood;
I Fuftic; Soap; Starch; Spanish Segars,
Iwith most articles in the
GROCERY LINE.
Also American and English Shovels :
Frying Pans; Flat Irons ; Cotton ana
Wool Cards + ; Blocktin Tea Pots; Pew
ter Batons ; Spoons ; Knives and Forks ;
Jack -Knives ; Pen & pocket do. Razors;
Schfora; J^hC^^&CT
Pins; knotting & fewihg Needles &c.
Iron Hollow Ware, viz.
Small and large KETTLES ; Pots .
Dutch-Ovens ; Batons ; High-pahs; spi
ders ; Skillets ; Large & small Cartboxes,
" a sg° n do. & Chaiie do. a large supply
of Dogs & AN DIRONSof all sizes; iod
&2od Hammered NAILS ; 4,6, 8, 10,
&; 20 cut NAILS ; Engirth Biiftered,
German, Halbach & Trieste STEEL,
some of which is suitable for Shoeing
sleighs;
LIVERPOOL SALT
per hhd. or bushel—all of which he will
fell low for Cadi.
(□Take Notice.
TO be Sold at Public Auction by vir
toecf a licence from the Hen. Ebenezer
Smith, Esq. Juoge of the Probate of Wills, &c.
for the county of sfraffbr4, atid State of New-
Hampffiire, on TuH'd^y, the third day of January
next, at 12 % 0'< Eek..A '!.• forenoon, . n t the Dwell
ing Houle 6f John Davenport innholder in
Portsmouth, in the Conroy 01 Rockingham—fo
much of thrreal efate of Samuel Taylor, late of
Boffon, in <County of Suffolk, and Common
wealth of M^chufetfs,Merchant, deceased, tt Itate,
in the hands of Benjamin Sumner of said Bnflon,
merchant, adnriniffrMor, de &oni: ?%of said Samad
Taylor, 29 fliad be tyfficieni, to raise the turn of
three thousand dollars, with incidental charges,;
to wic, so much of a certain trad of lanf lyin? in
Tuftonborough, in the County of Strafford afre
faid, containing about one Urcufand acres, an un
divided third part of the north eagerly half of fix
thousand acres, released by Peter Livius, Esq. to
John Moffat, Esq. and is the fame one thousand
acres conveyed by Jehn Evans to said Taylor.
A deed of release of said premises will be given by
said Benjamin Sumner, or his Attorney duly author
ifed. Further parti tilers will he trade known at
the time and place of sale. or ar any time previous
by applying '" the fubferiber.
jotham Lawrence, Attorney
1, said Bepj min Sumner, or to.Z. Robinson, at
his Store, in Portsmouth.
Epping, Nov, iB, 18(1,
tefofotefy. te*W*fa+ f r fy„fete^^
The Portsmouth Oracle ,
is published every Saturday morn for the town and vicin
ity, and the
Oracle Post
ever, Tnefday morning for the Country, by William
& Daniel Treadwell, at their Book and Stationary
shop, corner of Court and Burk Ibeets, Pertfmourg, N.H,
Terms, 1,50 rents per atro — 50 cents in advance—pun&
ually forwarded to all parts of 4us State, and the Di(tri&
of Maine.
fc+rftt^rf# ^h-tfrfc^^