Oracle post — Portsmouth, N.H., 1805-05-28 00:00:00, page 2

^■^■■■■■■■^■■l'! le w, 'lll''"'^^*^^ l
person fond of this beautiful creature, to distrac
tion and both doatiag-ou their child ; but the noble
Marquis approached her, the plume ot gloiy nee
ded on his head. Not the goddess Minerva, but
the goddess Venus had lighted upon his casque,
“die lire that never tires —such.as many a lady gay ,
had been dazzled with before." At toe first ad
vance she trembled, at the .second she sti uck to the
redoubled son of Mars, and pupil of Venu^ The
Jury saw it was not his fault ; (it was ah Irish Ju
r,) thev felt compassion for the tenderness of the
mother's heart, and .for the warmth of the lover's
passion. Tne Jury saw on the one side, a young
entertaining gallant, on the other, a beauteous crea
ture, of charts irresistible. Toey recollected, that
Jupiter had been always successful in his amours,
although Vulcan had not always escaped some awk-,
ward accidents. The Jury was composed of fath
ers, brothers, husbands—but they had not the vol-:
gar jealousy, that views little things of that sort ;
with rigour, and wishing to assimilate their country
in every respect to England, now that they are uni
ted to it, they, like English gentlemen, returned to
their box, with a verdict of six pence damages andj
six pence costs." Let this be sent to England. I{
promise you, your odious secret will not be kept•
better than that of the wretched Mrs. Massy ; —-•
There is not a bawdy chronicle in London in which
the epitaph, which you would have written on your
selves, will not be published, and our enemies y ill„
:a^ht in the spectacle of our precious depravity, |
in rig chat we can be rotten before arc are ripe.|
I j ribose it, Ido not, cannot, wi^not, be-:
:r. : > wP. I notyQvW myself wigi the an,
&ion." ——Damages awarded.
1.500 n°unl' 2
VERMONT Herald.'
HP, ELLIOT,
ririHlS (JOASTn^ftTS.
LETTER VI.
—OP Q «^™-
OF the Georgia Missisippi Territory, tire state of
Georgia, by an act of their legislature, passed Janu-i
arv 7, 1795, sold about twenty two millions (some'
say for,y millions) of acres to four different compa
nies, and the purchase money, amounting to half a |
million of dollars, a very trifling compensation in-;
deed f<r sc so large a territory, was p^id into the ;
treasury of Georgia, The original grantees soon ;
after sold this land in shares ofvarious descriptions,
principally to gentlemen in the eastern and middle
states. On the 14th February, 1796, the succeed
ing legislature pf Georgia passed an act, declaring
the former 'usurped act' null and void : and all the
grants, .rights, and claims arising therefrom, of no'
validity or effect —and that the said territory was
the sole property of the state.—The legislature al
so ordered that, in their presence, and that of the
public officers of the state, the several records,
documents and deeds, in the several public offices,
should be 'expunged from the facesand indexes of
the the books of record of the state—and the circl
ed law, or usurped act, publicly burnt.' To give
greater solemnity to a scene so extraordinary, it
has been said that the law and records, like the
messengers of Ahaziah, were con sumed with tire
from heaven ; by flames elicited from the sun in his
meridian. Whether this account be correct or not,
most certainly the sun never shone on a mere sin
gular transaction. Adtnitfing that the members of
the legislature of 1795 were interested in their own
grant, as contended by their successors, and the
terms of the grant furnish, aside from other evi
dence, a strong presumption against their integri
ty, vet it cannot be doubted that the. legislature of
1797, would have had the same right to annuli the
rescinding act of 1796, as the legislature of 1795
possessed to destroy the granting act of 1795, andr
so on ad uffini'um. Until now it had never been
doubted that the supreme legislative power of every
community possessed the power of granting its va
cant lands ; and such grants had been considered
as pledging the faith of the community, gs they
can be rescinded by succeeding legislatures, or the
people themselves, public faith is but a name, or at
most a snare for the unwary. Besides it is. repug
nant to the principles of natural equity, that a le
gislative body should sit in judgment upon the acts
of their predecessors, and 'damn them to everlast
ing fame,' unheard and unconvicted. Whether or 1
not the grant of 1795 was void on the ground of
corruption, was a judicial and not a legislative
question.
' Tne Limited States have always held a claim, or
pretended cl dm to this territory, I have been told
that it was the opinion of one of our ablest politic
, cians that we had a good title ; but this, may well
be doubted. Many proceedings of the general gov
ernment, however, from time to time, gave strong
color of title to Georgia, if they did not expressly
recognize her claim. And as a principle to govern
in this case it is stated, that in courts of equity it
his been established 'that the true owner of land
shall be bound by a sale of a stranger who has no
' .title, if the owner suffer the sale to go on by an in-,
pocent purch <'. without giving notice of his title !
when he his it in his power:—and that therfase is [
much stronger against the owntr when he has given §
a color of the title to the seller, and thus helped to |
deceive the purchaser.' ' The claim of the United §
States, however, is not immediately conne&ed with :
the question between the legislative grantors 'and
the nrivatezgrurtees ofteorgia. Other claims < ft[
° an e^Hfadate^in favor of other companies, in re- ?
" lation to'^^ds in that territory, existed upon the, |
state of Georgia p she-finding berself embarassed
by these various claims, and the very singular situ
ation of the business/ ceded the whole territory to'
the United States for a very small consideration
accompanied with 5 mutual stipulation that the U
nited States should appropriate 5,000,000 of acres
to satisfy the claimants, at the discretion'pf the U
nited States. It isa plain principle of law that no •
subsequent purchaser shall avoid a precedent pur
chase op the ground of fraud, but a purchaser for
valuable "consideration.—ls the United States are
purchasers for a valuable consideration they are
purchasers from Georgia, and they now claim un
der the title of Georgia. Few if any believe that
the claimants of an earlier date than 1795 have any
just claim upon the state of Georgia ; the public
faith of the union must therefore be considered as
at least tacitly pledged th appropriate the greatest
part of the five millions of acres for the claimants
under the act 0f,1795. A bill passed the prelimi
nary stages, authorising commissioners to settle with
the claimants generally, limited in their operations
to the appropriation of the five millions of acres.
Mr. Randolph opposed this bill with all the powers
of Ijs eloquence, and when he found that it was
likely to pass, he arrested its progress by the intro
duction of a set of resolutions, calculated tb establish
an inquisitorial and censorial power in Congress-.
ver the state governments, declaring the legislature
of 1795 to have been corrupt, justifying the pr< -
ceedings of the legislature of 1796, authorising the
state legislatures or even the people themseb cs to
rescind contracts in which the public faith is [ lodg
ed, and declaring that the United States were un
' ‘ 'L ' T, Ly„ ' , ;1
&r no obligation to appropriate any part of the five
milltons of acres to the satisfaction of the claim-,
ants under the act of 1795, and that no part should t
be so appropriated. .That I may not be accused of <
misrepresenting the language or the object of these I
resolutions, I will transcribe tnem nom .he speech <
of the <mover, and reserve my comments upon them <
for my next letter.
1. Resolved, That the state of Georgia were at ! <
no time invested with the power of alienating the ,
right of soil possessed by the food people of that.
stLe in and to the vacant territory of the same, but<
in a rightful manner, and for the general good.
2. That when the governors of atty people shall p
have betrayed the confidence reposed in them, and L
sh ill have Exercised that authority-with which theyl
have been invested for the general welfare topro-I
mote their own private ends, under the basest mo-I
tives, and to the public detriment, it is the unalien • ।
able righf of a people, thus circumstanced, to re
;voke the authority thus abused, to resume the rights
1 thus attempted to be bartered, and to abrogate the
act thus endeavoring to betray them.
3. Tint it is in evidence to this Home that the
. act of the legislature of Georgia passed on the 7tli
1 January, 1795, entitled, fee. was passed by sons |
under the influence of grussand palpable cmj&Kion, ,
ipractised by the grantees of Ute linds att^CTed to /
be.alienated by the aforesaid act, tcudingWnrich!
and aggrandize, to ft degree almost incalcuLb, a i
few indf / ' • '" r ™^' ric interim. I
I 4.1 t ^ & ^ .# impressed j
} with gen. ; ;' e^ / V < atrocious|
penliLa^ ^ 1 '< ' ^ri h a pomp-.
titudLoft ^ ^ eni, dd, by
the act C' trttyw p.iel
13th day f . mflhces of
peculiar soiem H rd by the!
people, who nav^ so & - ri ton their!
constitution, declare' the' preceding act And the;
grants made under it in themselves null and void ;
—that the aforesaid act should be expunged from
the records of the state and publicly burnt ,vhicli
was accordingly done ; provision at the same time
being made, for restoring tireprAended purgtyase •
money to the grantess, by whom, or by persons
claiming under them, the greater part of the said
, purchase money has' been withdrawn from the trea
!suryof Georgia.
15. That a subsequent legislature of an individual
I state has all-undoubted right to repeal any act of a
§ preceding legislature, provided such repeal be not
§ forbidden by the constitution of such state or of the
United States.
6. That the aforesaid act of the state of Geor
gia (the rescinding act) was\ forbidden neither by
the constitution of that state, nor by that of the U
nited States.
. 7. That the claims of persons derived under the
aforesaid act (the corrupt act) of the 7th Jan. 1795,
# are recognized, neither by anyteompact between the
Usited States and the state of /Georgia, nor by ary
act of the federal government.
8. Therefore Resolved, That no part of the five
millions of acres reserved for satisfy ingapd quieting
claims to the lands ceded by the state of Georgia
to the United States, and appropriated by the act
of Congress passed at their last session, ought to be
appropriated to quiCt^ compensate any clams,
derived under any act, or pretendeded act, of the
state of Georgia, passed, or alledged to have been
passed, during the year 1795.
JAMES ELLIOT.
-==■■■=_=====^=^sffi^^
FOBEIGA INTELLIGENCE..
LONDON, APRIL 1.
On Tuesday the Registers are to be opened in
every city throughout the Batavian Republic, for
inserting the names of the voters in favor of or a
gainst tlie intended Constitution. It is declared
that all persons who may not wish to vote, are to be
considered as having given their suffrages in favor
of the new Proposition.
A variety of Decrees have been issued by the
Consulta to the people of Italy, on the subject of
' their new Government—all of which are * I'cplet'e
with fulsome adulation on the genius and character
of Bonaparte.—One of these proclamations, afterl
an explanation of the new measures about to be a-I
dopted, adds the following apostrophe—" People of ,
lltaly, expand your hearts to hope and to exultation 1 .
' War this moment commences the cOurseof your
Ibrilliant destinies ! To what glory and prosperity
ought you not to aspire ? Your King will soon be a
mongst you ; he will go Less to ornament his august
head with the crown, than to witness your wants
and to provide a definitive organization to secure
your tranquility,
BY THE MAILS.
~I CT--.
From, the ^e^ York Gazette.
THE IMPRISONMENT.
Os the American Consulate at the Havana.
Extract of a letter from a^entlemtin of this city,
noiv in the Havana to the Editor of this Gazette,
dated &ril 20. •
[ "On Friday morning the 26th instant at the
I hour of nine, Mr, Vincent Gray, the acting Amer-.
I ican Consul, was arrested in his house upon an-or
; der signed by the Intendant General of the Island,
\ his papers both public and private seized and plac
ed under seals—his Office closed and sealed—and
his person conveyed to the common prison of the
;city.
;The measure was executed by six or seven of the
:officers ofthe Intendency, accompanied by a Law
yer and Public Notary. The whole object of their
visit was not at once explained. The Lawyer sta
ted that he came on the part of the Intbsdent to
examine Mr. Gray respecting a vessel which had
gone, from this to another part of the island, and the
captain of which had departed without paying the
duties. The captain had also left some of his pa
pers behind, on one of which (a bill of sale) was a
certificate of Mr. Gray's, in his official capacity—^
relating merely to its execution, but which the wise
Counselor of the Intendant General (called Asses
sor) construed into/a connivance at the Captain's
delinquency!),
As Soon therefore as the foregoing examination
was closed, which related solely to Mr. Grav's ac
knowledgement of the situation he held here, the
officers announced their order to seize his papers
—and which, notwithstanding the re monstrances of
Mr. Gray, they accordingly did.—On finishing that,
and not before, they announced their further orders
to convey him to prison, which was also done.
In the foregoing proceeding, which occupied 2of.
3 hours, the officers prevented any person from en
tering or leaving the house of the Consul : and plac
ed Mr. Morton the former Consul, now here on
private business, and residing with Mr. Gray also
lender arrest on confinement—and tqok his depo
sition as to his appointment of Mr. Grtiy, when he
(Mr. M.) foriperly left the island to return to A
merica. They would not permit Mr. Morin to
have any communication with the Governor, In
tendant or any other person, until (hey were fen
vc) idg Mr. Gray Co prison, when they gave Mr.
M. Ids liberty.
Mr. M. imm^&telf repaired to the officer
with whom the affair originated, and stated to him
the serious consequences which might ensue, not
only to the American Comtnerce at this moment,
but as compromitting the future peace of the two
countries —following this by an appeal to the Gov
ernor and Captain General of the island.
Tnose remonstrances, aided by the exertions ff
several private individuals of the place, among
whom Mr. C. Fraser, and Mr. Chester were con
spicuous Mr. Gray was in the evening about nine |
o'clock, restored to his personal liberty, having
previously given security to await the issue of the ;
suit upon which he had been arrested. The Gov
ernor declared that the aft dr had been without his .
knowledge, ard that he considered it is a violent
and improper, procedure on the part of the Intend
ant General—who also declared that he had signed
the order, (as he does many papers) presented, to
him by his Assessor or Counsellor without having:
examined or known its contents—and afterwards
declared te Me. G. that he would have the author
of it punished. Notwithstanding all those declara
tions however, the seals remained hnpon Mr. G's.
office and papers until this moment of writing—।
Causing thereby a total suspension of public business,
nd imposing an absolute embargo upon many ves
sels whose papers are deposited in the* consulate.
How long &!s will continue it is impossible to say.
The Govefnour is fearful of acknowledging his hav-:
ring received and still admitting a public resident—
and the others, are desirous of fixing it upon his ex
cellency, although all of them have occasionally
commuificated with Mr. Gray in his official capac-|
iGe
The Governor last'evening declared to him andl
IMA M. that he would thjs day bring the affair to I
!some decGian—Mr. G. havirg previously assured
IHis Excellency that lie Would otherwise be obliged
to abandon the affairs and papers of the United
States, and dispatch a person with information
thereof to our government.,
A public dinner is this day to be given to Mr.
Gray-by the .Americans, as a testimony of their re
spect for his character, and their sense of his pub
lic services.
A few davs more will give a new and very dif
ferent aspect to our affairs.in this quarter.'
* / MAY S.
A public dinner was given to Mr. Gray as above
stated, attended by sixty American merchants andj
masters of vessels—an account of which will be sent ;
to you.—The embargo on the public papers still
continues excepting the registers of vessels, which
have been surrendered—mid of course all protec-|
tion of property as it respects the Consular,office, is
for the present at an end. What the final result
will be God only knows.
NEW-YORK, MAY 17.
The subjoined papers we received yesterday from
our attentive correspondent at Havana.
Address.
Havana, April 30, 1805.
SIRS$ IR$
Your fellow citizens as die United States, at pre
seutin this city, impressed with a deep sense of thel
situation into which ,cUr public affairs, and your
and their private interests have been placed by the
measures which have been enforced against you by
some of the officers of this government, take the
occasion which is thus presented; for expressing
the sentiments which th^se measures hate excited.
Desirous of giving our united and individual sup
port to a Public Agent of our country, we feel par
ticularly anxious to extend it to one for whom we
entertain so great personal respect and esteem.
In a review of your management of the concerns
of our nation (which many of us have witnessed, for
a very considerable length of time,) we perceive
the most public spirited and disinterested motives
influencing your conduct ; and we are equally feed
to the belief that, in no instance whatsoeveyfliave
you given just cause to this Governmurk for even a
suspicion of a breach of its law;. 'Confident, also,
that in a further investigation of the matter, which
has been ostensibly .placed as the ground of the late
proceedings against you, none will be found really
I to exte, \ve cannot but lament that steps so hasty,
iip their consequences so unpleasant, and so inju
|fious to yourself, and detrimental to the commercial
interests of our common country, should have
been adopted.
We offer to you, sir, under all circumstances, which
shall arise, the continuance of our support, and our
best wishes for your happiness and welfare.
John Morton, Chairman, Nathaniel Felfowsy
jun. John Murdock, James Gorham, Edw.
Landels, Amos Greene, James Perry, J. B.
Russell, Joint committee, in behalf of Sixty
American merchants, and masters of vessels.
To VINCENT GRAY, acting Consul of the Uni
ted States—Havana. ,
THE ANSWER.
HAVANA, APRIL 30.
*; Gentlemen, m
1 have received your address of this date in be
half of the American merchants and masters of
vessels, now in this port.
I. want words to express the high sense I have of
so decided and unequivocal approbation and sup
port as your address conveys.
Conscious that I have at all times and hi every
instance wherein the interests of my fellow citizens
were concerned acted faithfully and to the best of
my abilities in the promotion thereof. I cannot
but feel gratified in your approbation. Equally con
scious that I have in ail my operations, both public
and private, avoided every ground that could offer
even a suspicion of interfering with or evading the
observance of the laws of this colony I cannot but
be pleased with the confidence you have expressed
in my integrity,,
With such consciousness and such support, the
tongue of malice, or the arbitrary measures of a
government, cannot affect the peace of my own
mind or the sacredness of my reputation. I leave
them both in the hands of that Providence, whose
penetrating eye directs all sublunary affairs, and
can justly estimate the workings of the human heart
1 reciprocate, Gentlemen, With the. utmost sin
cerity, the good wishes you have conveyed to me,
in ardently desiring the advancement of your indi
vidual welfare and happiness.
(Signed) VINCENT GRAY.
To John Morton, Esq. Chairman, kc.
HARTFORD, MAY 15.
Last Thursday was the anniversary of the State
Election. On countifc the votes of the Freemen, it
. was found, that the following persons were elected :
His Excellency JONATHAN TRUMBULL, Esq.
Governor. —The Hon. John Treadwell, Lt.
Governor :—dion. Oliver Elissa.rih\ William Hili^
house, John Chester, Boger Newberry, Aaron At. -
tin, Jonathan Brace, John Allen, Chauncy Good
rich, William Edmond, Elizur Goodrich, Matthew
Griswold, and Stephen T. Hosmer, Esquires, As a
sistapts.,
$, The vptes for Governor Trumbull were 13,689.
For Mr. Hart (the democratic candidate.) 5466.--
Federal majority, 8223.=1n May lgf the majority
'fof GbveriwrjrßUxftLL was 4587.
Peter Coffin
Has just received by the Little James, from Lon.
don, and Warrington from Liverpool,
\ an additional supply cf
Fancy and other Goods,
which are now opening.
A LARGE assortment of Chintzes
and printed Cambricks of the latest fashion,
elegant Maroon Town Chintz Furniture. Color'd
Savsnet Cambticks. Embus'd Cambricks ; hqwt
japan laced Muslins ';sattin sprig'd Muslins;
chambray Muslins ; nett and embroidered cann.
brie Shawls; # elegant silk Shawls ; while silk
lace Shawls ; colored Tiffanies; Paris nett and
Turkey Guazes ; Dimities ; linen Cambricks.
A great variety of
Thread Laces ;° black and white silk
Laces ; Trace Veils; fashionable gown Trimmings,
gown Buttons and Frogs ; silver Slice Roses ; silk
and cotton Cords and Tassels ; colored silk Cords;
fancy Flowers and Wreaths ; Necklaces and Ear
'Drops; gold and silver Thread*; Epaulets-: a great<
variety of fancy Ribbons ; velvet Ribbons ; a vari
ety of fancy tiffany Pans; English Lustrings; Sars
nets. A large assortment Os
Cotton and silk Hose, some outsized; J
black and colored silk'Gloves ; men's outsized black
silk Gloves ; women's buff Limerick Gloves ;
women's and misses colored cotton Gloves ; misses
cotton Hose.
A great variety of
IDunftable, split straw, imperial, chip,
cane and Willov Bonnets. Mens silk Leghorn
-Hits ; Boys Morocco Caps ; Nursery Aprons.'
Best superfine blue, black, Corbeau,boftle green,
brown and other Broad Cloths rfCasrimers ; great
variety of fashionable Wo^coatings.
A large assortment Linens ; Irish Sheetings ;
Durants, Tammies, Shalloons ; Calimancoes.-
Yellow and blue Nankeens ; Black India Lus
trings for 6s. Best black Crape at 6s. India Cottens
an d Chintzes. May ^5.
Attention !!
I&pThe Members of the
' Light Infantry Company are hereby notified to ap
pear at the ^ourt-House this Evening, at 8 o'clock.
— I punctual attendance is requested. May 25.
-TIWPTfEiVED'}
From on board Schooner Rising Sun from
Charleston, S. C.
60 casks Rice,
bf a very superior quality, for Sale bv
WILLI IM HILL, No. 6, Merch^t's-Row,
Portsmouth, May 25, 1895.
IKTHEREAS John Fernald, my apprentice, has
lately returned from sea, and absents himself
I from me, and denies living with me^—this is to for
bid all people harbouring or trusting him, and all \
Masters of vessels or owners are forb id sending or
shipping him to sea—if they Wish to avoid the mQ
alty of the law. GEORGE FERNALD.
Portsmouth, May 24, 1805.
^l^^J™^^™^****^^™^^?™'^ o "'^'^^ t^irare&Ete
The Oracle.
TUESDAY, MAY 28, 1805.
APPOINTMENT BY EXECUTIVE OF NEW
HAMPSHIRE,
Weare happy in being able to announce the ap. |,
pointment of the late treasurer, the Won. OLIVER
PEABODY Esquire, to the office of Sheriff 'cf
county of Rockingham.
The talents cf this gentleman,± a public officer?
have long been known, and are highly apprecia ted.
His merits are universally acknowledged, andferea
in these party times, his recreation f^integrity
and skill remains without reproach. T^ suavity
of his manners and the Virtues cf his hearty endear ।
him to his friends and make him the orifeient of
the society in which he lives. /
We believe his mildness a^ humanity will on
the one hand tend to prevent all oppression and a
buse in the execution of legal precepts ; and his
• firmness and knowledge, will on the other secure a
ready and faithful discharge of the duties incum^
bent on the office. And in short we do not dotbt,
that justice will be administered, by the officers of 4
this department, "completely and without any de- (
nial, promptly and without delay, conformably to
the laws."
While we congratulate bhr fellow citizens on
Mr. Peabody's appointment, to the important office
of Sheriff of this county, And confess ourselves plea
sed that virtue and gfth should meet its reward,
we cannot omit this opportunity to pay a tribute of
respect to his predecessor in office.(
Gen. Reid spent the prime part of his life in the
service of his country. He has evinced his pa
triotism by his military exertions, and his merit by'
his promotion In War and in peace. Every one
acquainted with the history of the revolution must
feel gratified to the defenders of its cause. The
general is entitled to this sentiment. All who know
with what integrity he has discharged the duties
of the office of sheriff of the county for upwards of
fifteen years past, must remember him with satis
faction in that capacity.—But what entitles him *
most to our admiration is, that in the decline of ']
life, while he feels himself bending under the weight
of years, and at a time when it is supposed that the
desire of riches and of honors have gained strength
with his age, he could nobly resign that station
which secured him an increase of both. This is
such an honorable effort to control his attachment
to worldly tilings as entitles him to our highest re-
The virtues of the general are worthy of imita- 'i
tion by all, the last act of his public life leaves a /
lesson we should toot fail to remember and prac-i
tice.