Oracle post — Portsmouth, N.H., 1805-02-19 00:00:00, page 3

NOW WHO'S IS THE LUCKY
Lottery Office ?
C i Peirce's, to be sure ! And much he has laboured
to make people believe it ! But O how incredulous
; is man ! For among 50 Tickets only, which he fold
in the fourth Clals of Amofaag Lottery now
drawing in Boston ! was the HIGHEST PRIZE,
the ticket he fold a few days since to two worthy
fellow towofmen, who are the joint owners of the
fame : he hopes that in future the Public will believe
that what he has so often told them is fam— that
the Goddess of Fortune is dispensing her favors
from the truly fortunate Lottery office of Charles
Peirce in Portsmouth, and flie hopes this will pre
vent, the ovER-ANXiql&in future, from being
at the trouble and rxm&f writing letters, and
fending their money to ^■hain fortunate Lottery
Office] in Boston, whofeU^Lin only in name,
but C. Peirce in REAl^t !!!
Tickets and quartefflnow felling as a
bove, in Araolkeag Canal, and in South Hartley Lot.
term. . Portfmoutb, Feb, 15,1805.
S 1 -
The following list comprises the Characters that
# will be supported by the FEDERAL REPUBLI
CANS at the ensuing Election :
FOR GOVERNOR,
Extract of a letter from a gentleman at Wash
ington, to his friend in Boston.
JUDGE CHASE'S defence was long—better than
' three hours were ocoupied in reading it, but no one
was fatigued in hearing it. It will be printed when
the trial is over."
In this town Mrs. M. Melcher wife of Mr. James
Melcher—aged 67.
last Friday evening, very suddenly. Mr. Alex
ander Mears of this town, an eminent painter. He
maintained the character of an honest inoffensive
man, and was much esteemed by all his acquaint
ance. His remains were interred last Sunday e
vening, and accompanied by a very large and re
spectable number of the citizens of Portsmouth.
He was a native of Ireland, the thanks of all his
countrymen residing here, are now tendered to the
citizens of Portsmouth for their very respectful at
tention on this occasion.
MARRIED—In Dover, (Eng.) Charles Pritch
ard, Esq. aged 87, to Miss Charlotte Pursui
vance aged 19, a young lady celebrated for her
beauty and accomplishments, and worth an annual
income of 7,0001. st.—Having a great number of
suitors, (from beardless youth to hoary age)she de
termined to give them an equal chance, and accor
dingly pitched upon a game at “ blind-man's buff,"
to decide who should be her husband—when the
gentlemen were ready, and big with expectation,
she entered the room, and had the good fortune to
grope upon the above young gallant.
At Rye, Mr. Aaron Moses of this town to Miss
Ruhamah Mason of Rve.
New- York, February 9.—The ship Magnet, Cof
fin, ashore near Robin's reef, belongs to Portsmouth
N. H. She was bound to Philad. and has linens, i
ron and glass—the linens consigned to Buck & Co.
of Philad. the iron and glass to the Capt. The
Magnet sailed from Tonningen, 28th Oct. The
Magnet lies on a sandy bottom—She dees not yet
leak ; has 6 feet water round her at low water ;
and is 2 rods S. and W. of the rocks of Robin's
reef. Lighters are to be sent down this morning.
The Proof of the Pudding is in the Eating,
AH SURELY IT IS!
The letters from Washington will shew with what
a shameful disregard to principle and decency,
some leading democrats discuss aud arrange the af
fairs of this country. Instead of a sober, patient, and
studious examination of interests, and honourably
and industriously promoting the same, we see time
dreadfully wasted in trifling debates, or in the in
dulgence of bitter animosities. One is called Jack
all ; and the insulted man in return, calls him an
Ape.
Yet with all these miserable opinions of each oth
er, they unite to oppose the studious and useful
men of the Country,suffer great interests to lie un
attended to, and zealously unite in nothing but im
peaching the distributers of justice.
"Savannah Jan. 26.—1 n the Snow industry, Capt.
Vaughan, arrived here yesterday 24 days from Mon
tego Bay (Jam.) came passenger Capt. Thomas
Irish, master of the ship Diana, of Nantucket from
Black River, bound to the Bay of Honduras, whicli
ship was lost on the Main Reef, on the 10th Decem
ber last—fortunately no lives were lost. Two thirds
of her cargo was saved. Capt I. further adds,
that he was plundered by the inhabitants of the
place of every article they could conveniently carry
off.
Philadelphia, Feb. 5. —A ship, a brig and a schr.
entered the Capes on Thursday last—the brig and
the schr. are said to be drifting in the ice,which near
ly extends from cape to cape. On Friday seven sail
were seen standing in for the Capes from the South
ward. — —
As the contemplated E uangelical Magazine is de
signed to promote the best interests of mankind,
and as all the profits of the work are to be conse
crated ultimately to the same benevolent object, the
several printers of this State, Newburyport, and
Portland, will do a kindly deed, by giving those
^Proposals a place in their respective newspapers.
• See last page, of this day's Oracle.
At Kittery Mrs Elizabeth Hammond aged, 95
BUT WHAT IS BETTER ?
The Proof of the MONEY is in receiving it !
THOMAS LEAVITT,
REGISTER,
NATHANIEL PARKER.
Treasurer for Rockingham County,
OLIVER PEABODY.
JOHN T. GILMAN,
Counsellor for Rockingham County,
JOSEPH BLANCHARD.
SENATOR,
TUESDAY, FEBRUARY 19, 1805.
— RO#^o^€&o #o# er——
The Oracle Post.
MARINE AR TICLES.
t*- ^;> am
DIED
Approaching Election.
[The following is from the Concord Courier]
At this season of the year, when the approach of'
March reminds every Citizen of his important
right of suffrage secured to him by the constitution,
the question is agitated, Who shall we have for
State Officers ?—As this must always be determin
ed by the major voice of the people, it is necessary
that that voice should tye given by a union among
the citizens at large, in the candidates to be voted
for. To form thisunion, the characters, talents, and
integrity, of the candidates proposed, should be fully
displayed before the people, that each one may
judge of their fitness or unfitness for the offices for
which they are rerpectviely preposed. The follow
ing list is offered for the consideration of the citi
zens of the State It is not the result of nightly
caucusses—neither is it forced upon our fellow
citizens as an exclusive ticket of the Federal-Repub
lican candidates ; but it is formed from the best in
formation that can be procured from various parts
of the State, of the gentlemen who will receive the
general suffrages of the friends of the Federal Con
stitution as administered by Washington.
For Senators,
District No. 1, THO's LEAVITT, N. Hampton.
No. 2. OLIVER PEABODY, of Exeter.
No. 3. JOHN ORR, of Bedford.
No. 4. Wm. A KENT, of Concord.
No. 5. JOHN WINGATE, of Madbury.
No. 6. NATHAN TAYLOR, Sandbornton.
No. 7. ROBERT MEANS, of Amherst.
No. 8. Wm. WALLACE, of Henniker.
No. 11. DANIEL KIMBLE, Plainfield.
No. 12. MOSES P. PAYSON, of Bath.
Capt. Erving, in the (hip Otis, has arrived at
Charleston, in 35 days from Ramfgate, (Eog.) and
brings London papers to the 17th December. The
following are extrads:
LONDON, DEC. 17.
" Tte Spanifli Minister has received his passports
and lets out for Spain this day.
" The Ottoman Porte has not acknowledged the
new Emperor of France, in an acceptable way.
^ In addition to the above, we learn that Capt.
Erving informs, that he read in a paper of the azd
December, the DECLARATION OF WAR be
tween England and Spain ; —probably the procla
mations granting letters of marque and reprilal.
———^ —■
From WASHINCTON, Feb. 7.
" Judge Chafe has speared before the Senate,
and given in an able and highly fatisfadory answer
to the articles of impeachment. The Managers
have demanded a copy, which has been lurnifhed
them ;and they will take time to form their rejoinder.
The judge rises in eflimatiou and refped :—He
appears panoplied in conscious integrity. There
are a number of foreigners here ; and it is a new
fpectatle to them, to fee a veneiable Judge of the
Supreme Court— one of the oldtft revolutionary
Patriots—the early cotempmry of Washington,
and one of the signers of the Declaration of Inde
pendence ;—arraigned for no crime, before a
As we have not received so particular informa
tion fromthe county of Chefliire, as to enable us to
name the candidate for Counfellor, and those for
Senators of the 9th and 10th Difiricts, we Hull not
presume to hazard a conjecture who they will be :
but we look to the vigilant Editors of that division
of the State to procure correct information and im
mediately give it to the people through the channel
of their papers.
Fellow Citizens,
IN a few weeks you will exercise the righ's
which your sacred Constitution has provided, in
the election of State Officers ; doubtless, the De
mocratic party in this State, will not leave one done
unturned, to accomplish the election of their candi
dates ; the former proceedings of that party, jufti
fies the affection. Can you behold, without emo
tions of horror, the methods made use of, at the last
eledion for State Officers, to accomplish their de
signs? Their secret conventions and committees, in
almost every part of the State, is a violation of the
sacred rights of free eleaion : is it genuine liberty -
for a party to meet, and determine that such candi
dates (hall be Supported, and no other ? frequently
nominating themselves for office, is it not contruling
the rights of the people ? It is Lid ihe Federal Repub
licans wifli a Monarchical Government; but be
allured, '• If we are fated for a monaichy, it will be
the work of the Democrats," View the proceed
ings of the present Cmgrefs ; it refemblcs more the
Convention formerly in France, than an aflemblage
of persons chosen by the free fuffrages of an inde
pendent people ; they all concur in the plans of
their great Chief. Thus it was in France; all were
submissive to the nod of a Bonaparte ; but examine
the relult; they are now confined under the strong
arm of an Emperor, who formerly flattered them
with the ideas of liberty and equality.
I would recommend to your m°ft serious con
federation JOHN TAYLOR GILMAN, as a
candidate for Governor of this State; I don't fay
you fliall vote for Mr. Gilman and not exercise your
own judgement ; but wiffi every one to examine for
himlelf, the chara&er of this worthy man, who is
(in the true sense of the word) a firm Republican,
and has, for a number of years, difeharged the du
ties of his office faithfully ; and, under his admin
istration, this Statehas increased in wealth and pros
perity beyond any former example.
A PLAIN FARMER.
For Regifer of Deeds,
NATHANIEL PARKER of Exeter.
For Counse dors,
JOSEPH BLANCHARD, Rockingham county.
WILLIAM HALE. Strafford county.
PHILIP GREELEY, Hillsborough county.
DANIEL BLASDEL, Grafton county.
For Treasurer of Rockingham County,
OLIVER PEABODY of Exeter.
FOR GOVERNOR,
JOHN TAYLOR GILMAN,
By Saturday Evening's Mail.
LATEST FROM E UROPE.
Court,the Chief Jufhce of which now Hands indh±
ed for murder ! Whether the trial will be finifocl by
the fl March, is uncertain. It is thought the p>
lent Senate will not convid him ; and as after the
fourth March, three democratic Senators will be
added ; it is within the fc.Qe of probability, that
the trial will be poftponed."'
A valuable new Work for Gentlemen of
the Law.
THIS DAY is published, by BARNARD B.
= MACANULTY, (proprietor,) and for Sale
by C. PElßCE,^Portsmouth, a new work, entitled,
Selection of Pleadings
NV CIVIL ACTIONS,
Subsequent to the Declaration, with Occasional An
notations on the Law of Pleading.
The design of the following fcleftion is to facilitate to
the American student the pra&ice of special pleading. A
variety es English books on this fubje& are at once elabo
rate and learned. Yet such is the difference of opr customs,
fatutes, 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 jurifdidions, or obsolete
with feudal doarincs; and those of Mallory, Lilly, Mor
gan, and Wentworth, though highly ufeful, abound with
matter calculated ohly for an Enghfh forum. These consid
erations, added to the high price of foreign books, suggested
the present compilation.
In the arrangement of the pleadings method has been
purfwed, Co far as it was deemed advantageous for facility
or reference, but as portions only of the pleadings are oc
casionally fcleaed,* where the whole seemed unnecessary,
and the choice of position was not always dilated by any
relation between them, exactitude in this refpc& 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 design 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 fele& 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 beceffarily drawn in haste
amid the hurry of the fittings ; that, being dilatory pleas,
they are odious, and of course the greatest accuracy and
precision in forum is required ; and that the law refpc&-
ing them has on many important points been but lately
fettled ; it is presumed, that the annotations will be found
neither inconvenient nor Superfluous.
TQe sources, v hence the work has been drawn, are man
uftripts of accomplished pleaders, records of adjudged ca
ses in our own courts, and, were these failed, the Efig.
lifh entries and reporters. Whenever it was practicable in
feledlion, the ancient pleadings have been preferred for
their technical, brevity and legal precilion. Inthefe re
peds, Rafail is + rn admirable model, and worthy of the at
tention of every lawyer—The Clerk's Affiant the Ifructor
Clericals, Herne's Pleader, the Entries A Coke Rafail Leviaz
Brownlow and Tkompfon among the ancient pleadings, and
Lill, Morgan, and Wentworth, among the modern, have
been chiefly consulted—The reporters particularly the late
ones, have supplied many usual forms—But to the very
valuable edition of Saunders' Reports by Serjeant Williams
the higbeft obligations are due—From the text of this very
able pleader,and from the numerous comments of his late ed
itor, copious extracts are in every part/of this compilation.
Even where notes had been previowfly prepared, references
have been added to this edition of Saunders to fan&ion opin
ions, or add weight to authorities.
The reader is not to conclude,that all the pleadings which
are here infer ted, are exa& in form or fuflained in principle.|
Some were adopted from the authority of names some
from the authority of books, and some from the rcfpe& due
to 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 his own judgment
or questioned on legal presumption—As the authorities
however are generally annexed to the pleadings, the read
er is left to decide for himfelf on their validity—Any oth
er refpotffibility, than for the general accuracy of hanferip
tion, is wholly disclaimed.
Such are the pretensions of the work, and the profeffion
must decide on its execution and utility. The Compiler is
duly sensible es his inadequacy to the talk, but the proffered
assistance of eminent counsel, and the encouragement of pro
fcffional benefit, taß insensibly led him to the profscution
of it. Inhofe alo^Bo can command legal experience com
pq^ft to perfe^^nkeGgn, elevated to the higher grades
official not the desire or want the leisure, to
fn^C the paths of special pleading.
Cible a^^ffined as this Compilation may appear,
it not b^Hade without ver&onfiderable labour. In
foffiiio^^OTublic candor, tmLords of Lord Cake,
inflrcri^no his fourth Rep^^fe^ offered for couliJc
ad°a°ded°re pelffveiout corrigat sicubi
effl^mArcoiric, vel faitem ne partem aliquam reprehen
dHii^rctum ftudiofe perlegerit, unde forte fiet ut pau-
CK^mfletur. Salem, 1804.
chiefly done in actions, where one gen
cri^^^Badmitted of various replication and rc
joi^^^m as in the 1 pleas of Limitation in As
and plea of General Performance in
Bond to,account. In these cases it was
dea^rc unnecessary to select more than the repli
ca flrc an d rejoinders ; and sometimes the latter'
w^fost of those drawn by living characters in
thzq&ommonwealth, have been inspected by them
pr^Fous 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 of the Work, (Jive dollars,) it is
believed, will be considered as moderate, when it
is understood, that the labour of 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. Sullivan, N. Dane, T. Bradbury, W.
Prescott, J. Lowell, F. Dana, T. Parsons, S. Sewall
and others, the former and present ornaments of
the ' bench or bar.
PREFACE TO THE WORK.
Si quid rovifli reffius iftis,
Candidas imperti,f non, Bis utete mecum.
Hor.
By JOSEPH STORY.
I here 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 tg this contract, are
in general well defined ; but the policy being u
sually of the same tenour, and th, transactions upon
which it is to operate infinitely various and compli
cated, the conflicting rights of the parties are often
so equally balanced, that it is impossible to decide
between them without sometimes resorting to very
nice distinctions.
TUST published, by DANIEL JOHNSON, of
Portland, price 5 dollars to subscribers, and 5
to nonsubscribers, and for sale by him, wholesale
and retail, at the Portland Book-store, also, in Bos
ton, by Thomas and Andrews, B. and J. Homans,
Edward Cotton, John West, William P. and L.
Blake, Manning and Loring, James White St Co.
hben. Larkin, Caleb Bingham, and Wm. Pelham,
and in Portsmouth by Charles Peirce.,
ON THE LAW OF INSURANCE,
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.
Strafford, ff.
NOTICE is hereby given,
that by virtue of Licence from the honor.
able Ebenezer Smith, Esq. Judge of Probate of ■
Wills, &c. for said county, that so much cf the a
real estate of Samuel Williams, late of Barrington, I
in said county, huflyindmau, deceased, will be fold d
at Public Vendue, at the late dwelling house of the#
deceased in Lid Barrington, on Monday 18th ttosz
of Match next, at ten of the clock before nooyi^.
will raile the sum of fifteen hundred dollars, to pawz
and difeharge the debts and demands, with iacutod
tal charges due from said estate.
Said property to be fold confer;
50 Acres of valuable Larm
b^h fi.es of the New-HarnpfhireTral
ano on a road leading from Lee ihr^B
rington, togihcr with a low, convening,
house, sixty feet new Barn and other out=
& an excellent stand either fur a tavern,
tradefnian, also about 12 acres land lying ral^Y
Meadows pond, and about 6 or 8 acres near Chef- A
ley ponds.l
The coaditionswill be made known at time and
place of fate. A
Rachel Williams,
Administratrix to said estate
Barrington, Feb. 5, 1805.
FOR S^ /
The FARM th© R
fubferiber lately rt ? ' n g\l
One Hundred Twe. tfll
excellent Mowing, 1 d, 1
Pasture and Wood L
and watered in the cirye.
in the Village of Newt : tv3
Market, four miles fron .'< tr 1
twelve from Portsmouth, ^ot,
road to Portsmouth, and tue ?oft roe
frhm Haverhill to Berwick, fifty roc
from the landing on Exeter river. Th
situation is very pleasant and convenier'
fora Trader, Farmer or Innholder,
The terms will be easy, inquire of.
NATHANIEL ROGERS.^—
Exeter, Feb. 2,1805. T
NOTICE is hereby given,' fl 4
to all persons concerned, that the subscri- 1 ,
ber as Administrator on the estate of
BENJAMIN LEAR,
late of Portsmouth, in the county of Rockingham, m
and State of New-Hampshire, yeoman, deceased,l
will exhibit for allowance before the Court of Pro
bate for said county, at Epsom, on the third Wed
nesday of May next, his account as administrator.
SAMUEL LEAR.
Epsom, January 2% 1805.
L™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 tlie American Merchant, is every day be
coming more important to him, as well as to the -
Lawyer.
To render this work useful to the Merchant, the
Author has observed one invariable and untforra
rule through the whole. Eacli 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
contracts of Insurance, lie within a very small com
pass. Those principles are established ; and if
well understood, the only difficulty which remains
is the application of them to particular cases.
Jan. 25.
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 particular#
enquire of the Printers.
Portsmouth, February 16, 1805. pd.
LUMBER.
50,000 good Lumber
For Sale, apply to T. CHADBOURNE, jr. of
Portsmouth, or
WINTHROP B. NORTON, Berwick.
February 16.
IN FOUR BOOKS.
I. Os Marine Insurance.
11. Os Bottomry and Respondentia.
111. Os Insurance upon lives.
IV. Os Insur° °? against Fire.
By^'MUEL MARSHALL.
A Volume for Merchants.
Marshall on Insurance.
A TREATISE
FOR SALE,