Oracle post — Portsmouth, N.H., 1804-04-17 00:00:00, page 1

For THE ORACLE.
Mefrq.flrea&weUs,
In perusing your Oracle Post of the a„h 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 Cheder, or order,
" far the sum of faenty-fae dollars ; dated fpme
" time about the firft of March, 1804. As said
" Note, was fraudulently obtained without any
" consideration having been received therefor, I
"am determined not to pay it."
"OSES SANBORN."
My surprise, gentlemen, arose from two con
federations—the one because thereby Mr. San
born divulged a fectet to an auflere father at
whole provoked wrath the ^4/ must tremble,
and which, he enjoined, in the mod impressive
manner, on all prefect when the note was made
to keep in profound concealment, that the dread
fo! ire ofa vfcNi&W&uhCT mig&qwt be bodied
against hun ; ^ud at the fame time forfeited a
promise of fecrefy that common prudence would
have taught him to have kept, at this however I
was neither disappointed nor provoked, fuffice it
to fay t knew fife won ; secondly, that he and I
ffiould agree in so many of the fads dated in tis
publication —we agree that a note was made by
him—that it was made about the firft, or if he
pleases, the very firft of March 1804, that it was
for the sum of faentyfve dollars, that it was made
payable to me or my order, and if he does or
does not consent on demand with interest. There
remain then, in his statement, two faffs only,
about which we disagree ; that is to fay, the -
manner in which the note was obtained, and die
matter of consideration. If Mr. Sanbora's
Statement as to these two particulars he, true, I
deserve all that public odium which villany
ought to inspire ; but if falfe, he riehly merits
that retaliar an # which truth and the laws can
inflict—To exonerate myfelf from a charge so
falfe, and a crime so base, is an indtfpepfible du
ty which I no left owe to the public than to my
friends, my family and myfelf To this end I
have, gentlemen, to request you, in addition to
this letter, to publish the several affidavits ac
companying it in your next Oracle Post ; from
whence the truth, relative to the two fads about
which Sandborn and myfelf disagree, may be
literally 'afeertained, upon this evidence gentle
men , I submit myfelf to a candid public to whose
dtcifion *I fnaii I cruft cheerfully fybferibe—
Permit me further to observe, gentlemen, that
when the public confider the insolence of the ad
vertifement,'the broad imputation of guilt, and
the falfity of representation, I flatter myfelf with
meeting their and your Approbation, in making
this defence, "the wounded bird will flutter."- ^
In justice, however, th Mr. Sanborn I feel it
my duty to declare that Idb nbt believe the
whole imputation of guilt, attached to this pub
lic imposition, ought to lie cat 'on him alone.
The tendencies cf the tlratagem being equally
calculated to fill others as to drath his pockets,
impteffes my mind irrefiftably, th^t he was not
alone in devising this malignant, diabolical'
scheme to stab the reputation of a profeffional
character. DANIEL FRENCH.
March 31st, 1804. ,
Abnir Bldijdefs Affidavit.
IABNERI ABNER BLaISDEL of Chester In 'our
county of Rockingham, depose arid fay, that
on the morning of the firft day of March last, a
report circulated in my neighborhood that Mo
ses Sanborn of the aforCfaid Chefter,lad, on the
preceding evening, committed an 'unprovoked
and violent afiult and battery upon Daniel
French, Efa. and that the said French Was much
abused and injured, I called early oh that morn
ing at Mr. French's house to fee hit), and found
him extremely hurt ; in a few minutes Mr.
Sanborn, accompanied by a Mr. Carr, came ini
"Mr. Sanborn appeared to be very penitent for
what he had done and requeued Mr. French to
step into another room and hear proposals of fet
tlement-rih^y stepped into the next room and
were gone but a Ihort time when they returned
and Mr. Sanborn said they had hot agreed,
, Sanborn then immediately took me alide and
told me he had offered Mr. French 'fifty dollars
as a compensation for the damage he had done
him, but French demanded one hundred; Mr.
Sanborn then desired me to assist birin in effecting
a&ttlemest, and Mr. Samuel Cat r and myfelf
prevailed on Mr. French to confect to take the
&m of Jeventy-five dollars,to the payment of which
M M r .&nborn agreed. A note whs then drawn
for that sum which Mr. Sanboin readily sub
scribed. Mr. Carr and I witnaffed, and. Mr.
French accepted. - The note adrartifed by Mr.
Sanborn in the Oracle of the „th of March
last, payable to Mt. French, I believe to be the
particular note then made.
I further fay that the note afarefaid was not
dated at the time it was signed and witnessed,
and that 1 then mentioned it, and that I put the
date on then at Mr. French's request and by
Mr. Sanborn's consent, and in presence of both
the parties. ABNER BLAISDEL-
Rockingham,,: Chester, April 2d, 1804.
Then perfonaU, appeared dbner Blafdel, andfo
kmnly swore that the contents of the within affidavit
h) himfutf+ibed is just and true.
, &soc Stephen Chafe, Justice Peace,
ttc—etta. /,
Samuel Carr's Affidavit.
I SAMUEL CARR of Cheder in our county
of Rockingham, depose and fay that Moles
Sanborn of Chester, 94 the morning of the ift
Vol. XIV.]
day of March, 1804, desired me to go with him
to fee Daniel French, Esq. to try to fettle a diffi
, culty that had happened between them the even
ing before, when we arrived at Mr. Trench's
house, we found him badly hurt. Ms. Sanborn
said he was sorry for what he had done, and re
quested Mr. French to &p into another room
to fee if they could fettle— they were gone but a
few minutes, when they returned Mr. Sanborn
said they had not fettled. Mr. Sanborn then took
I Mr. Abner-Blafdel into the next room, and there
I they remained for some time, when they reques
ted me to come to them, soon after! went in,
they requeued Mr. French to come in and draw
a note for fevent, five dollars, payable by the said
Sahborn to the said French, or order, on de
mand with interest, which the said French did,
and which the said Sanborn immediately signed,
Mr. Blafdel and myfelf witnessed, and Mr.
French accepted as feearity for the damage he
had sustained by the said Sanborn theeveging
"before. I ^^-^-^^4
N. B The note aforefaid was not dated be
fore it was signed and witneffed,but Mr. Blaif
del immediately put on the 'date, while Mr.
Sandborn was prefect who did not objed thereto.
SAMUEL CARR. ,
flockingham,ff. Chefler, April 2, 1804,
Then perfonall, appeared Samuel Carr, and fo
lenmlyfwore that the contents of the above affidavit
b, him fubferibed is just and true.
Before me, William White, fujiice Peace.,
Robert & Sarah Graham's affidavit.
WE the fubferibers of Chester in cur coun
ty of Rockingham, depose and fay that
Moses Sanborn, of Cheder, called at our house,
on t!e Sr^ of the week, Succeeding that in which 0
the difficult, had happened between him rind
Daniel French, Esq. of Chester, Mr. Sanborn
observed that he felt extremely unhappy on ac
count of his last .weeks work, Mis. Graham atk
ed him what he had done, he said he had injured
Mr. French and was sorry for it, and further
said he hoped Mr. French would not take the>
sum he had agreed to give him when he (liou,^
appear to pay the note, if he treated him pretty „
well until that time.
ROBERT GRAHAM,;
SARAH GRAHAM.
Rockingham, ff. Chester, April 2, 1804.
Then personally appeared Robert Graham and Sa
rah Graham, and solemnly swore that the above afr
davif by them fubferibed is just and true. .
Before me, William White, yuftice Peaee. .
State of New-HampfoweTTiloWW^^
To the honorable the ,uliic^of the Superior
Cffinp'tffrdtefare,& beforomb t&faQh,
within and for the county of Rockingham, on fc
firft Tuejday of February next.
Humbly Shews,"
fy[ ARGARET FURNISS of Ports-
AVmoueb aforesaid, widow, guardian of Wil.
liam P.Furnifs a minor under the age of twenty.one
, years, thatlaid mjpor is seized in fee of an undivid
ed fifth pgrt of three lots of land fitbate in said
Portfmquth ; that it is heceffary for the support
and would be conducive to the interest of laid
ward to fell his estate io said land. She therefore
I prays your honors to grant her licence to fell his ef
' ate therein.
Margaret Furnifs.
Porffmouffi, January 12, 1804.
Rochingham,f. 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 holden
at Exeter within and for the county of Rocking
hair, on the third Toefday of September next, to
(hew cause (if any they have) why the prayer of
said petition mould not be granted, by causing said
petition and order of Court thereon, to be publish.
cd three weeks successively in the Portsmouth Or
acle, the last publication whereof to be fix weeks
before said term.
Attest, NATHI ADAMS, Clerk.
Copy examined by NATH'I ADAMS, Clerk.
State of&w-Hampfyire. Strafford, ff. "
To the honorable the Justices of the Supe
rior Court of Judicature;to be holden at Dover,
; within and for the count, of Strafford on the
fourth Tuejday of February next.
Humbly shews,
MARGARET FURNISS of Portf
-LVA mouth in the county of Rockingham,wid
ow, guardian of William P. Furnifs a minor un
der the age of twenty-one years, that said minor
is Prized in fee of an undivided fifth part of a
meffuage and 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-
Aifs ; that it is necessary for the support and
would be conducive to the interest of said Ward
to fell his real estate. She therefore prays your
honors to grant her licence for that purpose.
: Margaret Furnifs.
January 12, 1804. —
Strafford, ff. 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 holden at
Dover, Within and for the county of Strafford, on
the firft Tuefday of September next, to fliew cause
(if any they have) why the prayer of said petition
should not be granted, by causing said petition and
order of Court thereon, to be published three weeks
. successively in the Portsmouth Oracle, the last pub
r ligation whereof to be fix weeks before said term.
lAtteft, Nath'l Adams, Clerk.
1 %, f„& bg raw Adams, Clerk,
ORACLE POST.
#=-=-=— =======^^
TUESDAY, April 17, 1804.
ttCTHmB^CTti—==— —^—itt^
=== - ==^=TC±=^^
^ ALL ™ E -DISPOSITIONS AND HABITS
WHICH LEAD TO POLITICAL PROSPERITY
RELIGION afo MORALITY ARE INDISPENSA
BLE SUPPORTS. W.Jbifo, Legs
===— = =—— - %_; -- -__Q r —-q = "
MISCELLANT. —
JUDGE MARSHALL.
The following delineation of the Chief Justice
1, the U. States, is extraded from the ferics of let
<rrj,which have appeared in the Virginia Argus under
the title of" The British Spy." It is a faithful
portrait of a great man, by the pencil of genius;
wd we rejoice ih its affording us an opportunity to
just tribute of rcfpe& to the biograph,
—'.him who was' firft in war, firft inpeace, and
.rd tn-the hearts of his country men..
" HE possesses one original, and almost super
natural faculty ; the faculty of developing a fub
by a fiogle glance of his mind, and dett&ed
*"''"'^ °° ^" c ° 'very ^entroyer
trjUwndi. No matter wfothe question,; ten
times more knotty than " the gnarled oak," the
lightning of heaven is not more resistless, than bis
afton fhing penetration. Nor does thy exercile of
I it seem ty cost him an effort.^ "On the contrary,'
it is as eaf, as vision. lam persuaded, that his
eyes do not fly bver a landscape,and inks various"
objeds with more promptitude and facility than
his mind embraces and^palizes the mod com
plex fubjed. Possessing this intellectual eleva
tidu, which enables him to look down and com
prehend the whole ground at onde, he determines
immediately arid without difficulty, on which
fide the question may be moil advantageoufly'
approached and aflaifed. Iu a bad cause, his"
arts confitib in laying his premises so remotely
from the point dirediy in debate or else in terms
so general and so specious, that the hearer, fee-,
ing no consequence which can be drawn from
them, is just as willing to admit them as not;
but his premises once admitted, the demonstra
tion, however distant, follows as certainly, as in
evitably, as any demopftration in Euclid. All
hjs eloquence confiftsjn the apparently deep felf
^^nviftion and emphatic earnestness in his man
ner : the CorrefpondentfimpHeity and energy of
' , his style ; the close analogical connection of his
thought# ; and the easy gradations by which he
opens as lights on the attentive minds of his hear
ers. The audiarice are never permitted to pause
tfor a moment. There is no flopping to weave
garlands of flowers,to hang in feftoons around a
favorite argument. % On the contrary, every
sentence is progressive—every idea sheds a flew
light on the fubje&~the listener is kept perpetu--
ally in that fweedy pleasurable vibration, with
which the mind of man al ways receives new truths
the dawn advances in an easy but unremitting
pace - the fubjeft. opens gradually on the view
frptil, viung, is high relief, in all its native
colours and proportion, the argument is confum
-mated by the conviction of the delighted hearer.
" The success of this gentleman has rendered
' it doubtful with several literary characters in this
country, whether a high fancy be of real use or
advantage to any but apoet. They contend,that
although the molt beautiful^ightx of the happiest
fancy, interspersed through an Argument, may
; give an audiance the momentary, delightful fwefl
of admiration, the transient thrill of divinest rap
. ture;yet that they break the unity anddifperfe the
.force of an argument ; which other wife advan
cing in close array, like the phalanx of Sparta,
would carry every thing before it."
A I a r L _
From the Baltimore Federal Gazette.
Gentlemen,
AS soon ^ the? e appealed reason for believ
;ing that the house of representatives intended to
, a joum, without preferring articles before the
ffoate, io support of the impeachment voted a
gartift me, the mclofed memorial was prepared
and transmitted (on Saturday last) to a mem
ber, with a request, that he would Present it, if
such an intention Should be afetrtained to exist.
On last Monday, the day previously fixed
for adjournment by a joint resolution of boh
houses, articles of impeachment were reported
by thecomtaitue ; but it was clearly impossible
for the house to ad upou them ; nor does the
time until which they were kept back, leave
the least room for supposing, that the committee
who made the report, intended that they ffiould
be acted upon before adjournment.
But whatever may have been the intention
with which they were reported, at such a time,
the effe& undoubtedly will be, that they will
pass into the publ ck prints, under the fandion
of a committee of congress, and even under he
apparent fanCtion of the house itfelf : and that
as they contain the most aggravated and infla
ted conftrudion, which it was possible for pas
sion and party spirit to put on the ex-parte evi
dence, whereon the vote of impeachment was
founded, they will become a very powerful en
gine in the hands of calumniators and party zea
lots, for heightening to the utmost the prejudices
and odium which all the former proceedings in
this case are so well calculated to excite.
The 1 eport of these articles prevented the me
morial from being presented ; the member to
whom it was sent having been of opinion, that
the case, in which it was my wiffi to have it
presented, did no longer exist. But as these ar.
tides have not been adopted by the house, or
even considered : as they must be taken up at
next session, sqffi My then be rejected, or wholly
'varied ; as the charges which I am to answer,
and against which 1 might to have been placed
1 in a Gcuation to prepare for defending myfelf
are thus left in the fame Rate of uncertainty as
before the report ; and as this report far from
accomplishing the obje& which the memorial
fecks, can have no other tiff then to i^rtift
and aggravate the injuries whereof it complies ;
, I deem it proper now to make it pulick, as an
appeal to my country to the world, and to pos
terity, again ft the injustice and illegality of the
proceedings in this case, and as a solemn protest
'againft the principles on which they are foun
ded. I therefore request you wil please to in
sert it with this letter, in your ufefal and refped
ab'le paper.
That it ^Y he seen that my impression of the
article eported by the committee is not errone
ous, I enclose a copy of them, and request that
you will insert them after the memorial. It ig
pr?er to state that four (I believed) of the five
members ofthe committee, who reported the
articles, were the feme members who college
and reported the testimony, and that four
days elapsed between the time when
mittee was ordered to report articles. O,
time when the'report was actually mad
',.^",™i° During a judgm^n, a -^,,_
views with which it was kept b±griniil t6e'fe±
day of the teffidn. Had the report been made
sooner, as it mighteafily have been, the articles
might have been receded by the house ; or might
at least have been deprived, by amendments, §f
part uftheir wanton venom and abuie.
I am, gentlemen,
,Your obedient fervent,,
SAMUEL CHASE. 3
"Baltimore, March 29, 1804.
Totbe Hon. the House of Repraentatius of the Ura.
„, fed States.
The Memorial of Samuel Chafe, one the afociate
juJlices of the fupremc court of the United States.
WITH the refpe& due to a branch of the:
'government ofhis coun ry ; but with the frank
nef s wh chcorfeious and injured innocence has-,
a fight to assume, and which an early, zealous,
andconft mt supporter <fAmerican liberty ought:
to use; your memoralift approaches your hon
ourable body, to lay his cotoplaints at your feet
and to call on your juffice for redress.
He has delayed this step until so late a period
of the session, because he dill indulged the hope
that year honorable body would not adjourn^
without reducing the charges Against him to
some fpecifiefurm; so that he might be enabled
to k^ow of what he is accused, and to direst hie
-attention immediately to the means necessary for"
proving his innocence, and vindicating his char
after. But finding, at last, (hat an adjournment
is about to take place, wi.hout any thing of this
kind being done ; that a vote of impeachment,reft- +
.ing on no precise or fpecific charges or fads, and
supported only by exparte testimony, is about to be
left hanging, for a whole year, over his head ; and
that the publication of this teflimony is permitted,
in fecha way as to render it most injurious to Iris
'reputarhm, without leaving to him the peffibilrif
of combating it by counterproof : his duty to that
charader, which he has supported unimpeached,
during a period of forty years, through all the trou
bles, difficulties, and dangers of the American rev
olution, to his family, whose happioefs, refpeai
bility,and cftablHhment io life, are materially im- ;
plicated in whatever concerns his good name ; to
his country which has honoured him with many
high and important trusts; to his office which re
quires a reputation not only unspotted but unfut
peaed ; and to himfelf—forbids him to remain !
longer in filerice.
He therefore refpeafiilly solicits arid intreats,
that your honourable bpdy will nut fuffer an ad
journment to take place, until Articles of impeach
ment fliall have been preferred agaioft him,-,-
Thus, although an immediate trial,which his feel
ings would lead him to prefer, may not be possi
ble at this protracted period of the session fill he
will be enabled, knowing the precise charges a
gainst him, to make vigorous, speedy andeftau^l
preparations for his defence, to repel the malig
nant calumnies by which he is induftrioufy
and unceasingly availed and fully to vindicate
that innocence for which he solemnly appeals to
the A mighty Searcher of hearts, to the teftimo.
ny of his owu confeience, to his country, and to
unimpartial posterity. He is fartrom arrogating
to himfelf a, exemption from the usual portion
of human frailty. But from the purity of hit
intentions, for the uprightness of the condud,
and for the faithful and cons iencious difeharge
of his official duties, on all occasions, according
to the best lights of his understanding ; he confi
dently appeals to that dread Tribunal where he
'and his accusers must one day appear, where he
I inntoft recedes of all hearts Ihall be laid open
'the most hidden motives cf conduct shall be re
-1 veiled, and calumny, malice, and party rage
shall forever be put to filente.
He is the more strongly induced to urge this
request, and to express his earnest hope that it
will not be refufed, by those reflections which ft
has not been in his power to avoid making, out
the course hitherto pursued in this profecutioa.
That charges so weighty as to render a judge
of the Supreme court a fit object of impeach
' ment for high crimes and mifdemeanou:s,fhould
1 have been fuffered to rest in oblivion for four
years—although they are founded on facts per
'fedly notorious in their nature well known to the
t peifons who, after so great a lapse of time, have
at length made them the ground* of a prose.
cution the most solemn known to our laws ;
that this prosecution, so long delayed, should
be commenced precisely at the moment when
a political change supposed by many, though be
' hopes unjustly, to be favorable to its fuceis,had
:taken place, are circumstances butlutle calculi
f ted|to impart confidence to the heart of innocence,
' or to quiet those alarms which he may fed when
' opposed to uncontrolled power.
1 Neris the manner of commencing this profc
e! CTtton,;moßConfQl% A$.^
[No. 26.