Jenks's Portland gazette (Portland [Me.]), 1802-04-26 00:00:00

JENKS' PORTLAND GAZETTE.
NUMBER 209.]
MONDAY, APRIL 26, 1802.
[VOLUME V.]
To the Editor of the Portland Gazette.
Elm Trees, 12th April, 1802.
LAST evening I casually overheard myself censured, with considerable severity, for having intimated in my letter of the 2d February, that the great body of the people were not correctly acquainted with the administration of their government; and for holding up an idea that we are more prone to be misled by those who flatter us with pushing objects and soothing words, than to listen to the true patriot who tells us undisguised truths and points out our substantial interest—But the more I am with the republican sect, so much the more am I satisfied there is a good deal of justice in my first suggestions on this subject. For I hear them continually praising Mr. Jefferson for no other reason than because, in most of his publications, he takes occasion to insert something about the people, their rights, the easement of taxes, saving bread to the mouth of labor, the federal and state governments being the work of their hands, &c. &c. Now what can it be but the ignorance of that sect, which, from such evidences and traits of a man's patriotism, leads them to echo back to him the full me incense of adulation we read in all the Jacobin papers? From his language, whether written or spoken, he does not appear any more the people's friend than some notorious tyrants have done in the beginning of their reigns, as well as during the time they were courting and flattering the mob to get themselves into power. His declarations of the doubts, he seemed to entertain of his ability to discharge the duties of his office, expressed to his Berkeley friend and other publications, taken in connection with the responses of his adherents, resemble so much the hypocritical force once acted in Rome by C. Marius and his friend Saturninus, that the mind is almost compelled to consider these to be mere copies of that vile transaction. But the republicans say that Mr. Jefferson recommends a repeal of taxes; and so did Nero—with this difference in his favor, he was anxious to take off the taxes which bore hard on the poor people; but Mr. Jefferson thinks it best to ease the rich of some of their burdens, and let the poor, whom he looks upon as supplying, in society, the place of the southern slaves, to grind along as well as they can. Does Jefferson profess to adhere to the Constitutions? So did Augustus. And so to what he so often says about the rights of the people, &c. who has forgot how Robespierre and the succeeding tyrants of France flattered and prated most eloquently on that subject; and notwithstanding all that time the heads of the people were dropping from their shoulders like worm-eaten fruit from the trees, yet they could not be made to see the hypocrisy of their leaders, till they found themselves actually deprived of every political right.
So it is with our republican sect; they are clapping their hands, and shouting hozannas to Mr. Jefferson because he has effected a repeal of some of the Judicial Courts. In this they have suffered him to flatter them out of one of the best securities the people can have for their rights: Can any one whose mind rises above imbecility and folly be made to believe his life, liberty and property will be equally stable since as before the repeal? or that Mr. Jefferson was influenced by economical considerations towards the people in this transaction? What is the annual amount of this saving when apportioned on the heads of the individuals of the United States? LESS THAN ONE CENT—A mountain, indeed, in the eyes of a philosopher, who has spent his life in viewing bugs and mites through a microscope! But contemptible, and less than a drop to the ocean, when viewed, by wise men and statesmen, as the price of a complete judicial system distributing law and justice to all the inhabitants of so extensive a country as this is.
Economy, upon a correct view of the subject, cannot enter among the real motives leading to this measure—It may be found among his ostensible ones; and those who wish to lead the people away from their substantial interest are never wanting in these topics. Taxes are generally odious; and by uninformed people they are always deemed oppressive under whatever name they are collected, or to whatever use they may be appropriated. The real motives to this repeal, I believe, may be traced up to the principles of jacobinism which make a considerable part of republicanism as proposed by the sect, and have always influenced them more or less, in their opposition, to the late administrations—And, now they are in power, continue to show themselves as arrayed against the moral and religious habits and judicial institutions of the country. With this principle we must connect a fact or two that have not been brought sufficiently before the public:—Early after Mr. Jefferson came to the chair of state, his mandate was disobeyed by the Circuit Court in Connecticut; and a considerable sum of money, which he directed to be paid to some Frenchmen, was, agreeably to the Laws of the United States, paid into the treasury. This opposition to the will of the President alarmed him—He knew also he had detained from some citizens their commissions, which happened to be in the office of state when he came into office; and probably it began to be remembered that
the persons, thus deprived of their commissions, intended to move the Supreme Court of the United States, at their December term, for a mandamus directed to the President himself or the Secretary of State, to show cause why these commissions were withheld from their legal owners. With this insult, as he felt it, from the Circuit Court, and prospect of being called himself, or his first officer of state, before the Supreme Court, he undoubtedly became anxious to get rid of the shackles which he saw the independence of the Judiciary would be always throwing in his way; but how this could be effected with the least alarm to the people was, at first, a puzzling problem to the philosopher—He knew the men filling the Courts to be persons of integrity and firmness; he could not remove them, as he has done the Collectors, Marshals and Attorneys, and put his creatures in their place—To impeach them, in case of opposition to his will, presented innumerable hazards; tho' he might think it probable he should find friends enough in the House to vote down an impeachment, which required but a bare majority of members; yet two thirds of the Senate must agree to convict the persons impeached; and there was, and, for two or three years to come, might not be more than a small majority of good thorough going Jacobins in the Senate; and as he said in his Bishop letter, these Judges don't die! Hence viewing his situation all round, he saw the independence of the Judiciary, as a specter-ghost, continually fronting him in his plans—What was left for the President to do to get clear of the Courts, but to conjure up some tale or other, with a plausible covering, and set Congress to work to destroy them, or part of them; and in such a manner as would imply a power in Congress, some time or other, to render the whole Judiciary dependent on the Legislature? Of success, in this plan, he had no doubt, because he knew his men; and under what cloak could such a step as this be better concealed than that of economy and a repeal of taxes? If I am right in my conjectures, sir, we have now discovered the true motives of this anxiety in the President and his friends to destroy the independence of the Judiciary; and that economy and saving expence to the people are nothing more than ostensible motives. The plan has succeeded—the constitutional independence of the Judiciary is completely subverted, and at this event the republicans are rejoicing—they profess to see no danger in it. How much they resemble the stupid mob of France who continued to respond to their demagogues the treacherous cry of liberty, equality, and the rights of man, till Bonaparte clapped a halter about their necks and hushed them into everlasting silence. But I trust in Heaven that our situation is not yet so deplorable as theirs—it is not too late for the people of this country to arrest the evil—they must abandon their attachment to Demagogues, those blind leaders to destruction—they must love truth and hear it with as much pleasure as they have flattery. Most of the republicans are not so much to blame as we imagine—there is an apology for them—they are ignorant—they know very little on the subject of government generally—and less of the administration of any one system in detail. There is a scarcity of facts in their memories; their minds are adumbrated with prejudice, like old garret windows with cobwebs—Logic or anything like a consistent train of political reasoning can no more be conceived in the former, than clear rays of the sun can pass thro' the latter.
When Congress convened last winter, the republicans were all agog for something, they knew not what; but every one was on the look out—at last along came the Genevan's Report ; this they studied over and over a thousand times, but no one could tell what it was, tho' all agreed it was something entirely new; they had never seen the like before; Gallatin, they said, must be a terrible knowing man! He had made astonishing discoveries, and was good enough to communicate them to the people to illuminate their minds—surely every body will now call him their friend. Exulting in his genius & goodness, they began to make comparisons between him & his predecessors, who, they asserted, had never let the people know any thing about the state of the Finances; and concluded, rationally enough according to the furniture of their own minds, that no one before the great and good Gallatin, was ever able to do it. Several days passed, in this delirium of science; 'till old Doctor Neatfoot, a genuine aristocrat, fell in their company, and hearing them swagger away with their newly acquired fiscal terms, he expressed a desire to know what had elated them to such an extraordinary degree. One of their leaders then informed him what a learned book, Gallatin had set out about the taxes, debts, revenues, stallments, and all that.—He was certain the Secretary must be the greatest and best man in the world, except Mr. Jefferson, who made the Secretary—If Gallatin had not been Secretary the people might have passed another dozen years and know nothing of their own affairs. The Doctor, at first, laughed at them, thinking it impossible any people should be so ignorant; but soon perceiving they were seriously deluded, he told them they were mistaken in supposing Gallatin's Report on the Finances con-
tained any new matter of importance; it was only a transcript of what former Secretaries had done annually. The republicans stood amazed, and were ready to call him a blasphemer of their Idol, and stuck to their text, that there never had been any report or statement of the kind before; and added, if there had been, they should have seen it; for they read the Chronicle and Telegraph ever since the adoption of the government. The Doctor chewed his cud, and squirting contempt thro' his teeth, in quick succession for half a dozen times, upon a pebble at the toe of his left foot, told them if they would go into the house, he would convince them of their error. Elated with their confidence the republicans followed, and the Doctor, who is a pretty good observer of times and things, took down from a shelf an arm full of old Chronicles , Centinels , Telegraphs and Gazettes , and turned back eight or nine years to the annual reports of the former Secretaries, with their occasional reports, to the last year of the federal administration. The republicans were confused; but having eyes to see they saw not, least they might be convinced of their errors and induced to abandon their Idols—so they hardened their hearts, declaring, the Doctor's papers myth old worm-eaten things , no better than subilities .—Truth was their guide; and they still believed Gallatin to be the greatest man in the world except Jefferson; and that his report was the first of the kind ever made by any Secretary and published to the people.
What think ye of Republican information? ONE OF THE PEOPLE.
From the Newyork Evening Post. The Examination. No. XII.
From the manner in which the subject was treated in the fifth and sixth numbers of the Examination, it has been doubted, whether the writer did or did not entertain a decided opinion as to the power of Congress to abolish the offices and compensations of judges, once instituted and appointed pursuant to a law of the United States. In a matter of such high constitutional moment, it is a sacred duty to be explicit. The progress of a bill lately brought into the Senate for repealing the law of the last session, entitled "An act to provide for the more convenient organization of the courts of the United States," with the avowed design of superseding the judges, who were appointed under it, has rendered the question far more serious than it was while it rested merely on the obscure suggestion of the Presidential message. 'Till the experiment had proved the fact, it was hardly to have been imagined, that a majority of either house of Congress, whether from design or error, would have lent its sanction to a glaring violation of our national compact, in that article, which of all others is the most essential to the efficiency and stability of the government; to the security of property; to the safety and liberty of person. This portentous and frightful phenomenon has, nevertheless, appeared. It frowns with malignant and deadly aspect upon our constitution. Probably before these remarks shall be read, that constitution will be no more! It will be numbered among the numerous victims of democratic phrenzy; and will have given another and an awful lesson to mankind; the prelude perhaps of calamities to this country, at the contemplation of which imagination shudders!
With such a prospect before us, nothing ought to be left unassayed, to open the eyes of thinking men to the destructive projects of those mountebank politicians, who have been too successful in perverting the public opinion, and in cheating the people out of their confidence; who are advancing with rapid strides in the work of disorganization; the sure fore-runner of tyranny; and who, if they are not arrested in their mad career, will, ere long, precipitate our nation into all the horrors of anarchy.
It would be vanity to expect to throw much additional light upon a subject which has already exhausted the logic and eloquence of some of the ablest men of our country; yet it often happens, that the same arguments placed in a new attitude, and accompanied with illustrations which may have escaped the ardour of a first research, serve both to fortify and to extend conviction. In the hope that this may be the case, the discussion shall be pursued with as much perspicuity and brevity, as can be attained.
The words of the constitution are, "The judges both of the supreme and inferior courts shall hold their offices during good behaviour, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office."
Taking the literal import of the terms as the criterion of their true meaning, it is clear, that the tenure or duration of the office is limited by no other condition than the good behaviour of the incumbent. The words are imperative, simple, and unqualified: "The judges shall hold their offices during good behaviour." Independent therefore of any official reasoning to vary the nature and obvious sense of the words, the provision must be understood to vest in the judge a right to the office, indefeasible but by his own misconduct.
It is consequently the duty of those who deny this right, to shew either that there are certain presumptions of intention deducible from other parts of the constitutional instrument, or certain general principles of constitutional law or policy, which ought to control the literal and substitute a different meaning.
As to presumptions of intention different from the import of the terms, there is not a syllable in the instrument from which they can be inferred; on the contrary, the latter member of the clause cited, affords very strong presumption the other way.
From the injunction, that the compensation of the judges shall not be diminished, it is manifest, that the constitution intends to guard the independence of those officers against the legislative department. Because, to this department alone would have belonged the power of diminishing their compensation.
When the constitution is thus careful to tie up the legislature, from taking away part of the compensation, is it possible to suppose that it can mean to leave that body at full liberty to take away the whole? The affirmative imputes to the constitution the manifest absurdity of holding to the legislature this language, "You shall not weaken the independence of the judicial character, by exercising the power of lessening his emolument, but you may destroy it altogether, by exercising the greater power of annihilating the recompence with the office." No mortal can be so blind as not to see, that by such a construction, the restraint intended to be laid upon the legislature by the injunction not to lessen the compensations, becomes absolutely nugatory.
In vain is a justification of it sought in that part of the same article which provides that "The judicial power of the U. States shall be vested in one supreme court and in such inferior courts as the Congress may from time to time ordain and establish." The position that the discretionary power to institute inferior courts includes virtually a power to abolish them, if true, is nothing to the purpose. The abolition of a court does not necessarily imply that of its judges. In contemplation of law, the court and the judge are distinct things. The court may have a legal existence, though there may be no judge to exercise its powers. This may be the case either at the original creation of a court, previous to the appointment of a judge, or subsequently by his death, resignation or removal. In the last case, it could not be pretended that the court had become extinct by the event. In like manner, the office of the judge may subsist, though the court in which he is to officiate may be suspended or destroyed. The duties of a judge, as the office is defined in our jurisprudence, are two fold—judicial and ministerial. The latter may be performed out of court, and often without reference to it. As conservator of the peace, which every judge is ex officio , many things are done not connected with a judicial controversy, or to speak technically, with a lis pendens . This serves to illustrate the idea, that the office is something different from the court; which is the place or situation for its principal action, yet not altogether essential to its activity. Besides, a judge is not the less a judge when out of court than when in court. The law does not suppose him to be always in court, yet it does suppose him to be always in office; in vacation as well as in term. He has also a property or interest in his office, which entitles him to civil actions, and to recompence in damages for injuries that affect him in relation to his office; but he cannot be said to have a property or interest in the court of which he is a member. All these considerations confirm the hypothesis, that the court and the judge are distinct legal entities, and therefore may exist the one independently of the other.
If it be replied, that the office is an incident to the court, and that the abolition of the principal includes that of the incidents; the answer to this is, that the argument may be well founded as to all subsequent appointments; but not as to those previously made. Though there be no office to be filled in future, it will not follow that one already vested in an individual by a regular appointment and commission, is thereby vacated and divested. Whether this shall or shall not happen must depend on what the constitution or the law has declared with regard to the tenure of the office. Having pronounced that this shall be during good behaviour, it will preserve the office, to give effect to that tenure for the benefit of the possessor. To be consistent with itself, it will require and prescribe such a modification and contruction of its own acts, as will reconcile its power over the future, with the rights which have been conferred as to the past.
Let it not be said that an office is a mere trust for public benefit, and excludes the idea of a property or a vested interest in the individual. The first part of the proposition is true—the last false. Every office combines the two ingredients of an interest in the possessor, and a trust for the public. Hence it is that the law allows the officer redress by a civil action for an injury in relation to his office, which presupposes property or interest. This interest may be defeasible at the pleasure of the government, or it may have a fixed duration, according to the constitution of the office. The idea of a vested interest hold-

en even by a permanent tenure, so far from being incompatible with the principle that the primary and essential end of every office is the public good, may be conducive to that very end by promoting a diligent, faithful, energetic, and independent execution of the office.
But admitting, as seems to have been admitted by the speakers on both sides the question, that the judge must fall with the court, then the consequence will be, that Congress cannot abolish a court once established. There is no rule of interpretation better settled than that different provisions in the same instrument, on the same subject, ought to be so construed, as, if possible, to comport with each other, and give a reasonable effect to all.
The provision that "The judicial power shall be vested in one superior court, and in such inferior courts as the Congress may from time to time ordain and establish," is immediately followed by this other provision, "The judges both of the supreme and inferior courts shall hold their offices during good behaviour."
The proposition, that a power to do, includes virtually, a power to undo, as applied to a legislative body, is generally but not universally true. All vested rights form an exception to the rule. In strict theory, there is no lawful or moral power to divest by a subsequent statute, a right vested in an individual by a prior. And accordingly it is familiar to persons conversant with legal studies, that the repeal of a law does not always work the revocation or divestiture of such rights.
If it be replied, that though a legislature might act immorally and wickedly in abrogating a vested right, yet the legal validity of its act for such a purpose could not be disputed; it may be answered that this odious position, in any application of it, is liable to question in every limited Constitution; (that is, in every Constitution, which, in its theory, does not suppose the whole power of the Nation to be lodged in the legislative body;*)—and that it is certainly false in its application to a legislature, the authorities of which are defined by a positive written Constitution, as to every thing which is contrary to the actual provisions of that Constitution. To deny this is to affirm that the delegated is paramount to the constituent power. It is in fact to affirm that there are no constitutional limits to the Legislative Authority.
The enquiry then must be, whether the power to abolish Inferior Courts, if implied in that of creating them, is not abridged by the clause which regulates the tenure of Judicial office.
The first thing which occurs in this investigation, is, that the power to abolish is at most, an implied or incidental power, and as such will the more readily yield to any express provision with which it may be inconsistent.
The circumstance of giving to Congress a discretionary power to establish Inferior Courts instead of establishing them specifically in the Constitution, has, with great reason, been ascribed to the impracticability of ascertaining beforehand the number and variety of Courts, which the development of our national affairs might indicate to be proper; especially in relation to the progress of new settlements, and the creation of new States. This rendered a discretionary power to institute Courts indispensable, but it did not alike render indispensable, a power to abolish those which were once instituted. It was conceived, that with intelligence, caution and care, a plan might be pursued in the institution of Courts, which would render abolition unnecessary. Indeed it is not presumable with regard to establishments of solemnity and importance, making part of the organization of a principal department of the Government, that a fluctuation of plans was anticipated. It is therefore not essential to suppose, that the power to destroy was intended to be included in the power to create: Thus the words "to ordain and establish" may be satisfied by attributing to them only the latter effect.
Consequently when the grant of the power to institute Courts, is immediately succeeded by the declaration that the judges of those Courts shall hold their offices during good behaviour; if the exercise of power to abolish the Courts cannot be reconciled with the actual holding or enjoyment of the office, according to the prescribed tenure, it will follow that the power to abolish is interdicted. The implied or hypothetical power to destroy the office, must give way to the express and positive right of holding it during good behaviour. This is agreeable to the soundest rules of construction; the contrary is in subversion of them.
Equally in vain is a justification of the construction adopted by the advocates of the repeal, attempted to be derived from a distinction between the Supreme and Inferior Courts. The argument, that as the former is established by the Constitution, it cannot be abolished by a legislative act, though the latter which must owe their existence to such an act may by the same authority be extinguished, can afford no greater stability to the office of a judge of the Supreme Court than to that of a judge of an Inferior Court. The Constitution does indeed establish the Supreme Court; but it is altogether silent as to the number of the Judges. This is as fully left to legislative discretion as the institution of Inferior Courts; and the rule that a power to undo is implied in the power to do, is therefore no less applicable to the reduction of the number of the Judges of the Supreme Court than to the abolition of the Inferior Courts. If the former are not protected by the clause, which fixes the tenure of office, they are no less at the mercy of the legislature than the latter: And if that clause does protect them, its protection must be equally effectual for the Judges of the Inferior Courts. Its efficacy in either case must be founded on
the principle that it operates as a restraint upon the legislative discretion; and if so, there is the like restraint in both cases, because the very same words in the very same sentence define conjointly the tenure of the offices of the two classes of Judges. No sophistry can elude this conclusion.
It is therefore plain to a demonstration, that the doctrine which affirms the right of Congress to abolish the Judges of the Inferior Courts is absolutely fatal to the independence of the Judiciary department. The observation that so gross an abuse of power as would be implied in the abolition of the Judges of the Supreme Court ought not to be supposed, can afford no consolation against the extreme danger of the doctrine. The terrible examples before us forbid our placing the least confidence in that delusive observation. Experience, sad experience warns us to dread every extremity—to be prepared for the worst catastrophe that can happen.
By the Mail.
NEW-YORK, APRIL 17.
THIS morning arrived brig Favorite , Capt. Brown, 12 days from C. Francois—Capt. B. informs that the blacks have been victorious in several late engagements with the French, and that Gen. Leclerc's 1st Aid-du-Camp had been killed, and the General, and 2d Aid badly wounded. The negroes infested the country for within a mile of the Cape, and were daily capturing small detachments of the whites, the greatest part of whom they instantly massacred. The Dutch fleet had arrived, and there were between 80 and 90 sail of Americans lying in port, the greatest part of which were waiting payment for their cargoes.
By Capt. Brown of the brig Favorite , who arrived this morning, in 12 days from Cape Francois, in ballast, we learn that the Batavian fleet, consisting of six 74's and four frigates with troops on board, arrived at the Cape previous to his sailing. He further adds, that in an engagement between the French troops and Toussaint, near the Cape, in which the French were victorious, Gen. Le Clerc was severely wounded, and his aid-de-camp killed. Many of the negroes had been taken prisoners, but Toussaint was still in his strong hold in the mountain. Capt. B. left there 90 sail of American vessels.
INTERESTING INFORMATION.
Advices were yesterday received from the Havana, which announce that the Court of Madrid have granted permission for the exportation of specie, free of duty, from the Spanish dominions, for the purchase of shipping. This information we derive from an authority next to official.
The foregoing intelligence, we presume, is of considerable magnitude to the merchants of the United States; as in consequence of the peace in Europe, we are in possession of a great surplusage of shipping, which hereby we shall be enabled to dispose of to advantage.
Philadelphia Gazette.
United States Law.
An act to repeal the Internal Taxes.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the thirtieth day of June next, the internal duties on stills and domestic distilled spirits, on refined sugars, licenses to retailers, sales at auction, carriages for the conveyance of persons and stamped vellum, parchment and paper, shall be discontinued, and all acts and parts of acts relative thereto, shall, from and after the said thirtieth day of June next, be repealed: Provided , That for the recovery and receipt of such duties as shall have accrued, and on the day aforesaid remain outstanding, and for the payment of drawbacks or allowances on the exportation of any of the said spirits or sugars legally entitled thereto, and for the recovery and distribution of fines, penalties, and forfeitures, and the remission thereof, which shall have been incurred before and on the said day, the provisions of the aforesaid acts shall remain in full force and virtue.
Sec. 2. And be it further enacted, That the office of superintendent of stamps shall cease and be discontinued from and after the thirtieth day of April, one thousand eight hundred and two; after which day the commissioner of the revenue shall perform all the duties by law enjoined on the said superintendent of stamps, which may be required in pursuance of this act: that the office of collectors of the internal duties shall continue in each collection district, respectively, until the collection of the duties above mentioned shall have been completed in such district, and no longer, unless sooner discontinued by the President of the United States, who shall be and hereby is empowered, whenever the collection of the said duties shall have been so far completed in any district as to render, in his opinion, that measure expedient, to discontinue any of the said collectors, and to unite into one collection district any two or more collection districts lying and being in the same state: that the office of supervisor shall continue in each state or district, respectively, until the collection of the duties above mentioned together with the collection of the direct tax, shall have been completed in such state or district, and no longer; unless sooner discontinued by the President of the United States, who shall be and hereby is empowered, whenever the collection of the said duties and tax shall have been so far completed in any state or district as, in his opinion, to render that measure expedient, to discontinue any of the said officers; in which case the collectors thereafter employed in the collection of the said duties and tax, in such state or district, shall be appointed and removable by the President alone, and shall be immediately accountable to the officers of the treasury department, under such regulations as may be established by the secretary of the treasury: that for the promoting of the collection of any of the above mentioned duties or tax, which may be outstanding after the said thirtieth day of June next, the President of the United States shall be, and he hereby is empowered, at any time thereafter, to make such allowance as he may think proper in addition to that now allowed by law to any of the collectors of the said duties and tax, and the same from time to time to vary: Provided , That such additional allowance shall in no instance exceed in the aggregate five per cent. of the gross amount of the duties and tax outstanding on that
day: and the office of commissioner of the revenue shall cease and be discontinued whenever the collection of the duties and tax above mentioned shall be completed, unless sooner discontinued by the President of the United States, who shall be, and hereby is, empowered, whenever the collection of the said duties and tax shall have been so far completed, as, in his opinion, to render that measure expedient to discontinue the said officer, in which case the immediate superintendence of the collection of such parts of the said duties and taxes as may then remain outstanding, shall be placed in such officer of the treasury department, as the secretary, for the time being may designate: Provided however , that all bonds, notes, or other instruments, which have been charged with the payment of a duty, and which shall, at any time prior to the said thirtieth day of June, have been written or printed upon vellum, parchment or paper, not stamped or marked according to law, or upon vellum, parchment or paper stamped or marked at a lower rate of duty than is, by law, required for such bond, note or other instrument, may be presented to any collector of the customs within the state; and where there is no such collector, to the marshal of the district, whose duty it shall be, upon the payment of the duty with which such instrument was chargeable, together with the additional sum of ten dollars, for which duty and additional sum the said collector or marshal shall be accountable to the treasury of the United States, to endorse upon some part of such instrument his receipt for the same: And thereupon, the said bond, note or other instrument shall be, to all intents and purposes, as valid and available to the person holding the same as if it had been or were stamped, counter-stamped, or marked as by law required; anything in any act to the contrary notwithstanding.
Sec. 3. And be it further enacted, That owners of stills whose licenses to distil shall have expired on the thirtieth day of June next, shall at their option pay either the whole duty which would have accrued on their stills on account of such licenses, or the duty which would have accrued on said stills, on the day aforesaid, if they had taken licenses ending on that day: That owners of still mills, whose licenses had not expired on the first day of June, one thousand seven hundred and ninety six shall be allowed a deduction from the duties incurred on the same, proportionate to the time thus remaining unexpired on such licenses: That the several banks which may have agreed to pay the annual composition of one per cent. on their dividends, in lieu of the stamp duty on the notes issued by them, shall pay only at the rate of one per cent. per annum, on such dividends to the thirtieth day of June next: That retailers of wines and spirits, who may take licenses after the passing of this act, shall pay for such licenses only in proportion to the time which may intervene between the obtaining of such licenses and the thirtieth day of June next: And that the owners of carriages for the conveyance of persons, who may enter the same after the passing of this act, and before the thirtieth day of June next, shall pay the duty for the same only to the said thirtieth day of June.
Sec. 4. And be it further enacted, That the supervisor of the North West district shall, in addition to the same commissions on the product of all the internal duties collected in his district, as heretofore have been allowed to the supervisor of Ohio, be allowed an annual salary of five hundred dollars, and at the rate of three hundred dollars per annum, for a clerk-hire.
Sec. 5. And be it further enacted, That the following extra allowances for clerk-hire, shall be made for one year to the supervisors of the following districts, as a compensation for the additional duties arising from the settlement of accounts of certain inspectors of the internal revenues, whose offices have been suppressed by the President of the United States, that is to say, to each of the supervisors of Massachusetts, Pennsylvania, Maryland, North Carolina and South Carolina, the sum of eight hundred dollars, and the supervisor of Virginia the sum of five hundred dollars.
Sec. 6. And be it further enacted, That to such of any act, as directs an annual entry of stills to be made, be, and the same hereby is repealed.
Sec. 7. And be it further enacted, That the certificates accompanying foreign distilled spirits, wines and teas, which are now furnished by the supervisors to the inspectors of the ports, shall, from and after the aforesaid thirtieth day of June, be furnished by such collectors of the customs, as may be designated by the secretary of the treasury: And it shall be the duty of the inspector to account with such collectors, for the appropriation of such certificates, in like manner, and under the same regulations, as heretofore they have accounted with the supervisors.
Sec. 8. And be it further enacted, That for preparing and issuing the certificates the collectors performing that duty shall be entitled to, and receive the same compensation, as heretofore has been allowed to the supervisors respectively.
Sec. 9. And be it further enacted, That all persons who shall, on or after the thirtieth day of June next, have any blank vellum, parchment or paper, which has been stamped by the superintendent of stamps and counter-stamped by the commissioner of the revenue, and on which a duty has been paid, to the use of government, shall be entitled to receive from such collector or collectors of the customs, or other revenue officer in the respective states or districts, as may be designated for that purpose by the secretary of the treasury, the value of the said stamps, after deducting, in all cases, seven and a half per cent. and the said officers are hereby authorized to pay the same: Provided , that the said blank vellum, parchment or paper, be presented within four months after the thirtieth day of June next.
NATHANIEL MACON, Speaker of the House of Representatives.
A BURR,
Vice-President of the United States, and President of the Senate.
Approved, April 6, 1802.
TH: JEFFERSON,
President of the United States.
Portland.
Monday, April 26, 1802.
A further detail of votes for Governor in this State, and numerous other articles, and advertisements, are unavoidably omitted.
From 359 towns the returns are, for STRONG 28263 GERRY 18522.
From the First Eastern District, we have not returns sufficient to determine what has been the result of the last trial for a Federal Representative.
The Federal Circuit court will be opened in this town this week. Judge Smith, of Exeter, and Judge Boardman, of Rhode-Island, are expected to attend. Judge Lovell, is prevented from attending owing to indisposition.
A letter from Washington lays that forty-thousand dollars have been appropriated by Congress, to repair the roads in Virginia.
SQUALLY.
Extra of a letter from a gentleman in Martinique to his correspondent in Newyork, dated 20th March, 1802, received via. St. Harbour.
"I wrote you a few days ago, via Alexandria, since when the Trent frigate has arrived express from England, directing the commanders in chief to be on their guard.
Private information by this vessel says, that, in consequence of the trifling conduct of the French Legation, and the reluctance discovered by the Dutch and Spanish Ambassadors to cede Ceylon and Trinidad to Great Britain, Lord Cornwallis had given in his ultimatum declaring that he would return to his Court if they did not decide in 24 hours. We have six sail of the line just arrived to strengthen our position to windward."
For this Gazette.
MR JENKS
The time for choosing Representatives to the General Court for the year ensuing, is fast approaching. Interested as I am for the prosperity of my country, I cannot, at this juncture, behold this period approaching, with any degree of indifference. I have ever considered a full and equal representation in a Republican Government as of the first importance.
It has been with extreme regret that I have been made acquainted with the conduct of the Selectmen of a great number of the towns of this Commonwealth. It has been customary with them to call a meeting for the choice of a Representative by inserting as the first article in their warrant, "To see if the town will send a Representative to the General Court for the year ensuing." And when met, instead of calling on the Electors to bring in their votes for a Representative, they have proceeded to act upon their first article; and to put the question whether they would send or not. If a majority of the voters present appeared to be against sending, the meeting was immediately dissolved; and without ever calling on the Electors to bring in their votes.
Many of the Gentlemen who have managed in this way would not have failed to do their duty if they had been duly informed with respect to it. There are some, however, of my acquaintance, who have made a great clamor about public officers not doing their duty independently; and without fear of the frowns or smiles of any man who have, nevertheless, pertinaciously persisted, against the plainest information, in this unjustifiable mode of conduct. To the former I would afford a little information upon the subject. To the latter I have nothing to oppose but the terror of the law. It is for both these purposes, therefore, that I have herewith extracted for publication in your paper a part of the law of 1795, "Regulating Elections."
Many of the good citizens of this Commonwealth, do not seem to have a right estimation of the privileges of a representation. They seem rather to consider them as burthens—as an imposition; and will talk much of the expense of it. However such language may found in these times, methinks it would have sounded rather oddly in the years '75 and '76—at a time when we were willing to spill the last drop of our heart's blood to secure the privilege of an equal representation. Are we now so soon losing sight of those inestimable principles, which operated almost solely to produce our late glorious revolution? Are we again returning to that state of security and unconcern which must ere long render another revolution equally necessary with the former? God forbid!
Towns neglecting to send a Representative, are regardless of their own respectability and emolument. What Gentleman is there in this country, animated with the least spark of generosity or public spirit, who will undertake to say, that a representation in our governing Legislative bodies is an unnecessary burthen, too grievous to be borne? What is the mighty expense of sending a Representative to the General Court? In all such towns as have a right to send, there are at least two hundred and fifty taxable citizens. The pay of a Representative, exclusive of the travel, which is paid out of the public chest, might, perhaps, amount to one hundred and twenty five dollars. Which, if levied on the polls, the citizens of one smallest town would pay fifty cents each, towards a Representation in the Legislature of this Commonwealth. Now what citizen is there possessed of a spirit so mean and niggardly, and so destitute of a regard to the public good, and the common weal, as to be averse to a representation on account of this mighty expense?
If we have no regard to the common weal, and are entirely destitute of public spirit, let us not, altogether, be regardless of the towns of which we are inhabitants respectively. Let us look at least to our own individual interest. And let us not give occasion to scoff and envy to say we have no person in town fit for the office—no person but what we should be ashamed to have seen in the General Court. Neither let it be said that we are all envious and jealous of each other—unwilling to send a Representative, because each one wishes for the office himself; and is therefore unwilling that any one else should go; and for that scandalous reason that no one can be united in. We ought to place ourselves above all such contrasted, grovelling, ridiculous views. Such contemptible considerations should be lost sight of when in competition with the public good.
It was unquestionably the intention of the framers of the law of '95, "Regulating Elections," that every town capable of sending a Representative to the General Court, should be obliged to do it. This was done with a view that the representation might be full and complete from every part of the Commonwealth: That information might be there at hand from every quarter upon every subject that might occur respecting any and every part of the country. The wants and necessities of the people could never be fully ascertained without it. Neither could they divine what would be the probable operation of the laws upon various parts of the community. If the representation is not full and complete, laws must necessarily be made which will operate partially and unequally on various parts of the community.
By the extract from the law of '95, "Regulating Elections," Selectmen will see that by proceeding, as has heretofore been customary, in many of the towns in this Commonwealth, they will make themselves liable to a fine of not less than forty dollars, nor more than eighty dollars each.
April 17. A MAN OF THE WOODS.
Extract from the law of this Commonwealth, pass 3 A. D. 1795, for the purpose of "Regulating Elections."
"BE it enacted, &c. That the inhabitants of every corporate town, having a right to choose a Representative for the Legislature of this Commonwealth, shall be convened for that purpose annually, in the month of May, ten days at least before the last Wednesday in the same month, by the Selectmen of such town, or the major part of them. And it shall be the duty of such Selectmen to summon and notify such meeting in the manner therein legally established for calling other town meetings; and the Selectmen, present, shall preside in such meeting; and shall regulate the same; and shall openly receive, sort, and count, the written votes which shall be there given in by the inhabitants present qualified to vote for Representatives; and shall forthwith declare who is or are the person or persons elected."
"And, when the Selectmen of any town establish

to choose a Representative as aforesaid, shall neglect to notify a meeting, and to preside or proceed therein as by this act is required each and every Selectman so offending shall respectively forfeit a sum not exceeding eighty dollars, nor less than forty dollars."
MR. JENKINS, Finding that many of our citizens have determined on the expediency of sending two Representatives to the ensuing General Court, whose services will be certainly much wanted for a due representation of this town, at the present momentous time of our country, I take the liberty of naming to my fellow citizens, JOSEPH TITCOMB, and WILLIAM SYMMES, Esqrs. as persons duly qualified for the office. From the fact that the town is entitled to about four Representatives, and that one half our representation, when most other towns have gained essential advantages from being fully represented, is submitted for the consideration of the citizens of Portland, previous to the election. In the mean time it is hoped they will consider whether the long residence of these candidates in the town and a steady attachment to its interest and service do not entitle them to this mark of confidence. A NATIVE OF THE TOWN.
Communications. EQUALITY—ECONOMY. THERE is annually paid President Jefferson for his support, the same sum which is annually paid to our hundred and seventeen citizen-soldiers of the American army, for there "Gotham" of the public affairs, in their several and important spheres of action—and yet if one of these Sovereigns were to appear officially before the people, or the people's servants, and representatives, with their flippers, a long beard and a dirty shirt, "his transgression would be visited with a rod, and his iniquity with stripes." "THE MOUTH OF LABOUR."
SINCE the removal of Judge DUMMER, from the office of Post Master in Hallowell, the business of that office is said to have been conducted by a Mr. JOHN WINGATE, son of the present Post Master, and brother to the son-in-law of Gen. DEARBORN. Since this arrangement, the gentlemen in Hallowell have purposed to order their letters to the post office in Augusta and to establish a penny post for their conveyance to Hallowell. If "Gideon" should be puzzled to account for this procedure, he may be better satisfied, by inquiring the character of John Wingate (the acting post-master) of the magistrates of Hallowell; whose records may solve the great question "Is he honest, is he faithful to the Constitution?" HONESTY.
BEFORE the "honest" men of the United States became (in the infamous language of the ruling powers) a "sect," the services of such men as John Wingate and George Tyler, were not in demand. If we are to judge of the views of Mr. Jefferson's ministers, by some of the instruments which his "Man Gideon" has selected to carry into effect, modern republicanism will soon be, like all other modern nonsense, the contempt and derision of all men who are faithful to the Constitution. THE GHOST OF A '75 PATRIOT.
Married, At Newburyport, Mr. Ralph Cross, merchant, of this town, to Miss Jane Greenleaf. At Bolton, Mr. Caleb Pratt to Miss Mary Lath. At Mr. Joseph Woodcock to Miss Ann Hatch—Samuel Wentworth, Esq. of Vermont to Miss Hannah Ross.
Died, In this town, on Saturday last, very suddenly, JOHN HOOKER, Esq. aged 43. At Falmouth, Mrs. Mary Barbour, aged 97. At Gorham, Rev. Caleb Jewett, aged 49—Mr. Thomas Gammon, aged 75. At Cape-Elizabeth, Miss Isabella Maxwell, aged 18 daughter of Mr. William Maxwell, of that place. At Bolton, Capt. John Adams, of Wiscasset, aged 41—Mrs. Elizabeth Perkins, aged 24. At Gibraltar, Gen. Ch. O'Hara, late Governor of that port.
Wakefield & Dobbs, Have just received by the Galem from London, a large assortment of Fashionable Straw Bonnets, which they will sell very low. April 26.
NOTICE is hereby given to the Creditors of JOSEPH CONY, of Portland, against whom a Commission of Bankruptcy has been awarded and issued forth, that the Commissioners named in said Commission, and the Assignees of his Estate and Effects, intend to meet at the Commissioners' Office in Fifth Street in said Portland, on the second day of June next, at 11 o'clock in the forenoon, in order to make a dividend of the estate and effects of said Bankrupt; when and where the Creditors who have not already proved their debts, are to come prepared to prove the same. JOSEPH BRUCE, } ASSIGNEES. JOSIAH TUCKER, } Portland, April 24. 1802.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the estate of ISAAC INGERSOLL, late of Portland, in the county of Cumberland-Mariner, deceased, has taken upon her that trust and given bond as the law directs; She therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same to DEBORAH FAYE.
Cable Notice. ALL persons who are indebted (either by note or book account) to the Estate of EDWARD HUNDELETT, late of Portland, merchant, deceased, are hereby informed that unless immediate payment is made to the Subscriber, their accounts must be put in suit.—Those to whom said estate is indebted, are requested to bring in their accounts for adjustment. DAVID GREEN
Twenty Dollars Reward. WHEREAS evil minded persons have frequently cut and carried away Timber growing for use on the four hundred and fifty acre Squadron in the Gore, numbered Seven, in Freeport, without the knowledge or consent of the owner of said Squadron—This is to give public notice, that if any person will give information of any one who shall unlawfully cut or carry away timber from said Squadron, so that he or they shall be convicted in any Court proper to try the same, shall receive the above reward immediately after such conviction, by one of us the subscribers. JONATHAN MITCHELL, EMMIR MITCHELL, SAMUEL P. RUSSELL. Warteborough April 17, 1802. (9)
Wanted, A JOURNEYMAN WHEELWRIGHT—A good workman will find constant employ and generous wages—Inquire at the Coach-maker's shop, next above Mr. Motley's House, Main-street. April 26.
Bowdoin College. NOTICE is hereby given, that the semi-annual meeting of the Board of OVERSEERS of Bowdoin College, will be held at the dwelling house of JOHN DUNING, in Brunswick, on the third Wednesday of May next being the 19th day of said month, at 10 o'clock, A. M. MARK LANGDON HILL, Secretary. Georgetown, April 21, 1802. (9)
Nathaniel Moody, Respectfully informs his friends and customers, that he still carries on the PAINTING BUSINESS, in the shop formerly occupied by MOODY & LESTER, in Union-Street, opposite Dr. HARDING'S. Also, keep constantly on hand, all kinds of PAINTS, which are used for VESSELS or Houses, and delivered at the shortest notice. Portland, April 26. (9-3m)
Ebenezer Griffin, INFORMS his friends and the public, that he has for sale at his SHOE STORE, No. 7, Jones' Row, Fifth Street, an assortment of English Kid SLIPPERS, Kid and Jane SANDALS, Ladies' Morocco and L. other SHOES, Men's Morocco and Calfskin SHOES, and Cordovan BOOTS and BOOT-LEGS. All which he is selling on the lowest terms. Portland, April 26.
New Books. Just received, and for sale by ISAAC ADAMS, No. 11, Jones' Row, A large assortment of Books on History, Law, Physic and Divinity; among which are the writings of Hume, Robertson, Rollins, Addison, Johnson, Goldsmith and Sterne; Sackville's History of the Bible, Josephus' Wars of the Jews, Burkett on the New Testament.
LAW BOOKS. Bacon's Abridgement, Park on Insurance, Burrow's Reports, Powell on Contracts, Blackstone's Commentaries, K on Bills, Espinasse and Bullec's Nisi, Laws of the United States, Paine, of Massachusetts, Lilly's Entries, Town Officer, Justices Assistant, American Clerk's Magazine BOOKS ON PHYSIC Bell's Surgery, Cheshire's Anatomy, Brown's Elements, Dispensatories, Quincy's Lexicon, Cullen's Practice, and Materia Medica. SEAMEN'S ARTICLES. Blunt's Practical Navigator, Journals, Log Paper, American Coast Pilot, Charts of the European & Seas and Dividers, American Coasts, and of Daily Assistant, the West Indies Bibles of different sizes and qualities; Testaments; Hymn and Psalm Books of different kinds; Morse's and Guthrie's Geography; Morse's Gazetteer of the Eastern Continent (new publication) SCHOL BOOKS. Pike's, Welch's, Temple's and Fisher's Arithmetics; Bingham's Orator, Preceptor, Child's Companion, Ac cidence, and Geography; Webster's First, Second and Third Parts; Stillford's Art of Reading; Dwight's Geography; Greek and Latin Classics. STATIONARY. Drawing Writing Letter and Wrapping Paper, by the ream or smaller quantity; Quills, Wafers, and Sealing Wax; Cyphering and Writing Books; Copy Sheets; Paint Boxes and Brushes ACCOUNT BOOKS. Ledgers, Journals, Waste, Letter and Record Books of various kinds. Ladies' and Gentlemen's Morocco Pocket and Mem orandum Books. NEW NOVELS. Which is the Man, Advertisement for a Husband, First Love, Ermina Monrose, Edgar Huntley, A Tale of the Times, Sufferings of the Orienberg Family, Ab bels, Fugitive of the Forest. English & West India GOODS, as usual.—Cash given for Rags. Portland, April 26.
Wheaton's Jaundice Bitters. THE successful effects of these Bitters have been fully experienced, in correcting and carrying off jaundice and bilious matter from the stomach; and at the same time strengthening the stomach, increasing the appetite, and removing the faking faint distress feeling, and the sleepy dull weariness, so disagreeable to be borne, and the pressure and distress of breathing; restoring also strength to the weak and trembling limbs, removing the yellowness of countenance so common to jaundice and weakly people, and also the dizziness of the head and weakness of the feet. They remarkably relieve low spirited and melancholy people, and carry off bilious and hypochondriac complaints. They are an excellent remedy for jaundice and forsooth disorders. They are very useful for Seamen to take often when at sea, particularly in warm climates, as a preservative against disorders incident to such climates (which are generally putrid and bilious) by removing obstructions, carrying off bile, and giving a free circulation to the blood.
Wheaton's Itch Ointment. A SAFE, convenient and efficient remedy for that disagreeable disorder called the Itch, has been given by need, but no one, it is presumed, was before b. en discovered which will effect the cure without having in it either Brimstone or Mercury, both of which are disagreeable and dangerous: The Brimstone, from the manner of applying it exposes the patient to the most imminent danger of taking cold, by opening the pores of the body and at the same time impregnating the blood with a poisonous quality, and weakening and debilitating the whole constitution. The use of Mercurial Ointment is extremely dangerous and often fatal to the health. A Medicine is now offered to the public, possessing neither of the above disagreeable and dangerous ingredients, which will certainly cure the Itch as it is applied; and which is easy and safe for any age, habit or constitution, and attended with no disagreeable consequences of any kind, either at the time of using, or at any time after.—Price 3s. per Box. A bill signed in the hand writing of the Patentee will accompany each box. The above Medicines, direct from the Patentee, are for sale by JOHN COE (and by no other person in Portland) at No. 4, Fifth Street; together with a constant supply of Drugs & Medicines. Portland, April 26. (6w-9)
RANAWAY from the Subscriber, on the 19th inst. an apprentice by the name of James Hunter—a short thick lad, about 17 years old, 5 feet and an half high, rather dark complexion, full face, short brown hair—had an ribbon wound around, short blue jacket and dark brown trousers.—Whoever will take up said apprentice and return him to the Subscriber, shall be rewarded.—All persons are forbidden harboring or trusting him on any account. WILLIAM HOLMES. Falmouth, 20th April, 1802.
Dancing Academy. M. DESFORGES, returns his grateful acknowledgments to those who have honored him with their patronage, and respectfully informs them and the public in general, that he proposes opening his Academy at the Athenaeum Room, on Wednesday morning, 28th inst. where he will give (from 8 till 11 o'clock) the first rudiments of the elegant accomplishment of Dancing. After the first lesson, instruction will be given on such day, as agreed upon by the subscribers. M. Desforges' character, qualifications and terms, may be known by applying at the Fire and Marine Insurance Office. Those persons who are disposed to place their children under his care, will find it to their advantage to enter them at the first opening. An Evening School for Gentlemen, will be opened at half past 7 o'clock, if a sufficient number should apply, to be taught Dancing. Lessons in the French Language will be given to those who wish to learn, or perfect themselves in that useful idiom. Portland, April 26.
FISHING LINES, viz. 12, 15 or 18 thread; Mackerell do.; Seine and Sewing TWINE; Salmon and Herring NETS, lately imported from the Manufactories, and to be sold reasonably. By Jacob Sheafe, April 19, 1802. at his store in Portsmouth.
Fresh Goods. M'LELLAN & BROWN, have received per ship Bath, a large stock Silk HOSIERY, china, black, white and colored patent, embossed, plain, ribbed, net and lace clocks; Cotton do. black, white, plain, ribbed and fancy lace clocks—Men's Women's and Youth's. Silk GLOVES and MITTS, black, white & colored plain, figured and lace; Cotton do. black, white, plain and figured. Men's Cotton Gloves, black, white and colored; do. spun Silk; do. colored. Cotton PANTALOON PATTERNS and VAN-DYKES, plain, ribbed, black and fancy mixtures. 1 Trunk Seeth THREADS, well assorted. 1 do. Cane UMBRELLAS, cotton, old silk, lustrine, and common silk; a few 18 inch silk, with neat sticks for Ladies. The above, with their late importations of Linens, Dimities, Quiltings, Jeans, Mullins, Cambries, Calicoes, Shawls, Handkerchiefs, Dowlas, Tapes, Silk, Twill, &c. &c. make a general assortment of Goods, well chosen, and fitted to the present and approaching season. On hand, 5 Bales coarse INDIA COTTONS, Few pieces rich India MUSLINS, gold and silver worked; 1 trunk BANDANNAS. All which will be offered on very low terms for cash or approved credit. ALSO, 20 Bales (short staple) COTTON, of superior quality. 130 Bales fresh FLOUR, 100 do. TAR. Philadelphia and Sweden IRON. Fresh PEAS, Bohea, Souchong, Hyson, and Hyson-Skin, MALAGA WINE. 20 Boxes fresh LEMONS. Portland, April 19.
TO BE SOLD, By Thomas Goodwin, At the Store lately occupied by BENJAMIN BOARDMAN, corner of Fifth Street, A large and extensive assortment of English, East & West-India Goods, Hardware, &c. &c. By Wholesale and Retail, on the lowest terms. Also, as above, 10 Crates of assorted CROCKERY WARE, at a reduced price, calculated for Traders. April 19.
For Sale, At N. RICHARDSON'S Wharf, 10 Bales INDIA COTTONS, consisting of Sannas, Bafas, Gurrabs, &c Pieces BANDANNA HANDKERCHIEFS, Barrels Reuse BEEF, Do. Middling, 1 Hog and 1/2 Hog PORK, Pipes and Barrels GENEVA, Casks BRANDY and WINE, Casks RAISINS, LOAF SUGAR, Quarter Casks BOHEA TEA, Ruffs CORDAGE, Bags PIMENTO, Chests CASSIA, do. INDIA SUGAR, Bags COFFEE, do. PEPPER. By J. RICHARDSON. April 12.
For Sale, 200 wt. Connecticut CHEESE, 2000 wt Country FLOUR, Middling and clear tierce PORK, per bbl. or less quantity, 1500 wt. BUTTER, Souchong and Bohea TEA, Best white Havana SUGAR, RICE &c. A general assortment of GROCERIES, as usual. By Samuel M. Quincy, Foot of Fifth Street, Portland, April 12.
THE subscribers respectfully inform the public that they have lately formed a connection in business, under the firm of Crofs & Trask, and have lately received a general variety of English & Hardware Goods, which they offer on the most reasonable terms for cash or approved credit, at their store in Fifth-street. Also, a general assortment of West-India Goods. JOSEPH CROSS, SAMUEL TRASK. Portland, April 5, 1802.
ALL persons having accounts open with the subscriber, are requested to call on him and settle the same. JOSEPH CROSS, jun.
JUST RECEIVED, AND FOR SALE BY How & Evans, At their Store in Middle Street, on corner Union Street, A large assortment of PAPER HANGINGS—75 different figures, of the newest fashion, at the Boston prices.—Also, English, Hardware, & West-India Goods, and Groceries, as usual. Portland, Feb. 22. (6m)
A few Bales of INDIA COTTONS, very cheap, by ABIJAH CHEEVER No. 1, Muffey's Row. Portland, April 5.
AUCTIONS. TOMORROW, at 10 o'clock, Will be sold without reserve, at the store of CUSICK & GORMAN, No. 1, Fifth-Street, An assortment of Seasonable Goods. MUSLINS, Dimities, Calicoes, Shawls, Cotton and Worsted Hosiery, French and Irish Linens, Silks and Cambries for Gentlemen's Summer Coats, a variety of Ladies' fashionable Shoes, Ladies' Silk Gloves, Cane's hair Shawls, Nankeen, Gold and Silver Watches. Portland, April 26.
On TUESDAY, the 4th of MAR, Will be Sold at Auction, Fifth-Street, Three Chests of Hyson Tea, Three Chests of Souchong, of the first quality, A quantity of Nutmegs & Cassia, with other articles, &c. &c.—Conditions of sale made known at the time—Sale, 11 o'clock.
THE subscriber, having an order of Court for the sale of the Real Estate of William Parrinton, late of Portland, merchant, deceased, for the payment of his just debts; and having advertised the same as the law directs, the said Estate, consisting of a Dwelling House in Church-Street, with the Lot and out buildings thereon together with one share in Union wharf, with there No. 8, Rending thereon, will be sold agreeable to said notice, at the said dwelling house, on second day, the third of fifth month next, to the highest bidder.—Conditions made known at the time of sale. SAMUEL P. HUSSEY, Administrator 4th Month 26 1802. de bonis non.
On the first MONDAY in May next, if fair, if not, the first fair day, will be exposed to sale in the town of Portland, district of Maine, A Number of valuable House Lots, near the center of the town, joining on some of the most public streets. Also, a large brick Distill-House, with four Still and Worms; the largest still contains 1600 gallons, and the others in proportion—The Distill-House and Apparatus is supposed to be one of the best in the United States—it stands at the head of a Wharf—it is plentifully supplied with water from two fountains—it is in good order and rented. Also, valuable Flats (or ground) extending to the channel, 700 feet, and is 412 feet in width—A Wharf on said flats, extending within 160 or 170 feet of the channel—There is also a Store on said wharf 50 feet long and 25 feet broad, and is three stories high. Also, half of two undivided Lots of Land, for Rope-walks. Also, a House and Out-Houses, with a good Cellar; the house has 2 parlors, 8 bedrooms, a large kitchen, and many other conveniences—The Barn will hold six or seven tons of hay, two horses and two cows—A Wood-house, a Chaise-house—A good Garden of almost an acre of ground, with good Fruit Trees from Prince's garden; the bottom of the garden is sloped off down to the water's edge, and planted with Trees and Shrubs. There is a plan of the whole at the Fire Insurance Office at Boston, and one at the Insurance Office in Portland. The terms of payment for the Land, will be in the following manner, viz.—one tenth part of the purchase money down, or approved endorsed Notes at 60 days—tenth part in six months—tenth part in one year—tenth part in one year and a half—tenth part in two years—tenth part in two years and a half—tenth part in three years—tenth part in three years and a half—tenth part in four years—tenth part in four years and a half—which will give the purchasers four years and a half to make the last payment; the whole of the notes to bear interest; and the interest on all to be paid every six months. There will be good Deeds given on receiving the obligations, and Mortgages taken for security. To those who are acquainted with the place and the flourishing situation of the town of Portland, nothing need be said in praise of said Estate, and to those who are not, it is only necessary to request them to come and see for themselves. The premises may be viewed any time before the sale. Sale at 11 o'clock, A. M. EDWARD OXNARD, Auctioneer. Portland, April 9, 1802.
A good chance. FOR SALE, on reasonable terms to the purchaser, an excellent FARM, situated on the post road near Presumpscot Mills—containing about twenty-seven acres of Land, on which there is a new two story House, partly finished; being a very good stand for a merchant, mechanic, or tavern-keeper—Also, Four rights in Presumpscot Mills—said Mills containing four looms.—For terms apply to Falmouth, April 17. SAMUEL BUTTS
Garden Seeds. FOR SALE a general assortment of early Seeds of last year's growth, which may be had next door to the Maine Fire and Marine Insurance Office, Fifth-Street Portland. April 19.
Mill Saws. JUST received, and for sale by HOW & EVANS, a quantity best German steel Mill Saws. Portland, April 12.
Hosea Illey, Respectfully informs his friends and customers, that he has taken a shop in Union-Street, opposite the one formerly occupied by MOODY & LESTER, and next door above Dr. HARDING'S—where he carries on the PAINTING BUSINESS, in all its various branches. Likewise keeps constantly on hand all kinds of PAINTS, which may be wanted for the use of vessels or houses, and delivered at the shortest notice. April 19.
THOSE LADIES of the town of Portland, who may wish to have their Hair cure in shades, or any other fashion, will be waited upon at their houses, by applying to the subscriber, at his shop in Fore-street. JOHN SOBRIEN BARCUR.

POETRY. THOUGHTS ON SPRING.
O! WITH what rapture do my longing eyes Gaze on the swelling bud that first proclaims The mild return of Spring! How tenderly The mimic leaf unfolds its satin veil.
Nature! in every varied form and work, How regular, how beautiful art thou! Compar'd with thee, how vain the boasted art, How trifling all the vaunted pride of man!
Think but on these, and gratefully adore The Wisdom that ordains—the Pow'r that guides. [English paper.]
SENTIMENT.
The following scrap is extracted from a History of the French Revolution, published the present year. It is an epitome of most revolutions. Every sentence would make a text for a volume.
REVOLUTIONARY CATECHISM. Q. What is the end of a Revolution? A. To destroy in order to change, and to change in order to destroy. Q. How many revolutionary Elements are they? A. Four: Want, Scarcity, Audacity, and Fear.
JACOBIN METHOD TO OBTAIN A FREE EXPRESSION OF THE PUBLIC SENTIMENT.
[From the CENTINEL, of last week.] MR. RUSSELL. "Bristol, April 5. "I HAVE now before me a printed Letter, which, filled with votes for Mr. Gerry, for Governor, &c. has been sent to the person to whom it is directed; but who despises being the dupe of the pitiful trick it contains.
[Here follows the Circular] March 15, 1802.
Capt. Sir—I HAVE the honor to enclose you a Circular Letter, drawn up and approved (as it purports) by a Committee of Republicans. It is authentic, and supported by gentlemen of the highest respectability among us.
"RICHARD CROWNINSHIELD." "No town's name is prefixed to the date—nor have I even heard of the paper which is recommended; and have therefore erased it. "Your friend, and humble servant, "A FEDERALIST."
COMMONWEALTH OF MASSACHUSETTS. In the year of our Lord one thousand eight hundred and two. An Act to incorporate Park Langdon Hill, and others, for the purpose of building a bridge across Winnegance Creek.
WHEREAS application hath been made to this Court for permission to build a Bridge over Winnegance Creek, which runs between the town of Georgetown and the town of Bath, in the County of Lincoln, and it appearing that a Bridge in said place will be of public utility:
their heirs and assigns, be, and hereby are constituted a Corporation and Body Politic, for the purpose of erecting a bridge over said Winnegance Creek, at or near the north-western end of Timber Island. Provided, That within the term of five years from the passing of this act, the said Bridge shall be built, kept open free, and made convenient and safe for the accommodation of travellers;
February 16, 1802.—By the Governor Approved. An Act to incorporate Joshua Shaw and others, for the purpose of building a Bridge across New-Meadow-River.
WHEREAS application has been made to this Court for permission to build a Bridge over New-Meadow-River, which runs between the town of Brunswick, in the county of Cumberland, and the town of Bath, in the county of Lincoln, at or near Brown's Ferry, so called; and it appearing that a Bridge in said place will be of public utility:
TO THE HONORABLE THE SENATE, AND HOUSE OF REPRESENTATIVES OF THE COMMONWEALTH OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED, JANUARY, 1802.
THE petition of the subscribers, several of the inhabitants of Scarborough, and other places, humbly represents—That there are many inconveniences in travelling the present county road thro' said town, especially on account of the circuitous route over Scotlow's Hill, so called, the steepness of the Hill, and the difficulties in supporting the road there, and in many other deep and rough places by the present mode prescribed by law—
ROBERT SOUTHGATE, and 57 others. COMMONWEALTH OF MASSACHUSETTS. In the House of Representatives, Feb. 26, 1802.
ON the petition of ROBERT SOUTHGATE and others, praying for leave to make a Turnpike road through a part of the town of Scarborough ORDERED, That the petitioners cause an attested copy of their petition, with this order thereon, to be published in both of the Newspapers printed in Portland, three weeks successively, the last publication to be thirty days at least before the second Wednesday of the first session of the next General Court,
EDWARD H. ROBBINS, Speaker. In Senate, March 1, 1802.—Read and concurred. DAVID COBB, President. A true Copy—Attest, G. ELLIOT VAUGHAN, Clerk of Senate.
TO THE HONORABLE THE SENATE AND HOUSE OF REPRESENTATIVES OF THE COMMONWEALTH OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED.
YOUR petitioners, being inhabitants of a tract of Land granted to Fryeburg Academy, now known by the name of Pleasant Mountain Gore; Also of a tract sold by the Commonwealth to Asael Foster, known by the name of Foster's Gore; together with one other tract sold to Gideon Lowell, humbly represents, that all the before mentioned Lands lay adjoining to each other—and one in the County of York—bounded easterly by the County Line, and westerly by Brownfield;
GARDNER GOOLD and 26 others. COMMONWEALTH OF MASSACHUSETTS. In Senate, March 6th, 1802.
ON the Petition of Gardner Goold and others Inhabitants of Pleasant Mountain Gore, Foster's Gore, and a tract sold to Gideon Lowell in the County of York, praying that said Gores and tract of land may be annexed to and incorporated with the Town of Brownfield in said County.
ORDERED, that the Petitioners cause an attested Copy of their Petition with this order thereon, to be published three weeks successively in the Portland Gazette, printed by Elezer A. Jenks—the last publication to be thirty days, at least, before the second Monday of the first session of the next General Court, that all persons interested may then appear, and show cause (if any they have) why the prayer of said petition should not be granted. Sent down for concurrence, DAVID COBB, President. In the House of Representatives, March 8, 1802. Read and concurred, EDW. H. ROBBINS, Speaker. A true copy—Attest, G. ELLIOT VAUGHAN, Clerk of Senate.
Thomas Seal's Will.
WHEREAS WILLIAM TYNG, of Gorham, in the county of Cumberland, Esquire, and JOHN KENT, of Portland, in said county, Merchant, as they are Attorneys to the Executors of the last Will and Testament of THOMAS SEAL, late of London, in the kingdom of Great Britain have produced to me the subscriber, Judge of Probate of Wills, &c. for said county, a Copy of said Will under the seal of the Prerogative Court of the Archbishop of Canterbury, in the kingdom aforesaid, pursuant to the laws of the same, and duly proved and allowed in said Court;
I do therefore hereby give notice, that I have assigned Wednesday the twenty-third day of June next, at ten of the clock in the forenoon, at the Office of SAMUEL FREEMAN, Esq. at Portland, aforesaid, for taking the same into consideration; at which time and place any person may appear and show cause, if any he has, against the filing and recording the same. April 14, 1802. WILLIAM GORHAM.
United States—District of Maine, APRIL 13, 1802.
NOTICE is hereby given to the creditors of JOSEPH CONY, of Portland, merchant, against whom a Commission of Bankruptcy has duly issued and proceeded upon, that they may be heard, if they think fit, before the Judge of said District Court, at the house of Thomas Lowe, innholder in York, on Saturday the first day of May next, at 4 o'clock, P. M. against making and allowing a Certificate of Discharge to said Bankrupt; before which time exceptions to said allowance may be exhibited. DAVID SEWALL, { Judge of the District Court of Maine.
NOTICE is hereby given to the Creditors of BRADSTREET HALE, of Portland, in the district of Maine, Soap-boiler, against whom a Commission of Bankruptcy has been awarded and issued. That the Commissioners and Assignee of said Bankrupt's estate and effects intend to meet on the 24th of the 5th month next, at 10 o'clock in the forenoon, at the Commissioner's Office in Fifth street, Portland, in order to make a dividend of the Estate and Effects of said Bankrupt; when and where the Creditors who have not already proved their debts, are to come prepared to prove the same or they will be excluded the benefit of said dividend; and all claims not then substantiated will be disallowed. SAMUEL F. HUSSEY, Assignee. 4th Mo. 19, 1802.
WHEREAS a Commission of Bankruptcy is awarded and issued against CALEB HATCH, of Portland, in the District of Maine, merchant; and the said Caleb Hatch, has been declared a Bankrupt; he is hereby required to surrender himself to us the undersigned Commissioners, on the 26th of April, inst.—and on the tenth and twenty-eighth days of May next, at ten o'clock in the forenoon of each of said days, at the Common Pleas Office, Fifth street, Portland; and make a full discovery and discharge of his Estate and Effects; when and where his Creditors are hereby notified to come prepared to prove their debts; and at the second meeting to elect an Assignee or Assignees, and at the last meeting said Bankrupt is required to justify his examination; and at said last meeting one of the Creditors may be heard if they shall think fit, before said Commissioners, against the making or allowing of a Certificate to the Judge of said District Court, to entitle said Bankrupt to a Certificate of Discharge. All persons indebted to said Bankrupt, are to make payment, and those who owe any of his Effects, are to deliver the same to such persons only as the Commissioners shall appoint. EDWARD OXNARD, EBENEZER R. MATTO, JOSEPH TITCOMB. Portland, 19th April, 1802.
RAN AWAY from the Subscriber, on Monday the 12th inst. an indentured apprentice, by the name of JOHN BREWER, in the 16th year of his age, rather small of his age with short dark hair, and somewhat dark complexion—bad on a short blue jacket and dark trousers.—All persons are forbid harbouring or trusting said apprentice, on penalty of the law. Any person who shall secure him, and return him to his master shall be reasonably rewarded for their trouble. AMOS SULLIVAN. Brunswick, April 15, 1802.
NOTICE is hereby given to the town of Hebron Proprietors of certain Lands in the town of Hebron, that he is taxed in the State, Town and County Tax for the years 1800 and 1801, in Bills committed to the Subscriber to collect as follows—namely—1800.
Table with 4 columns: No. of Acres, State Tax, County Tax, Town Tax. Row 1: Thomas Motley, 100, Cents 10, Cents 33, Cents 15.
Unless said Taxes, with all necessary intervening Charges, are paid to me, the Subscriber, on or before Monday the 7th day of June next, at 10 o'clock in the forenoon, so much of said Proprietor's Land as will be sufficient to discharge said Taxes and Charges, will then be sold at my dwelling-House, in Hebron, at Public Vendue, according to Law. BARNABAS MYRICK, Collector. Hebron, March 5, 1802.
CAPTAIN STOCKBRIDGE, with notice.
TO inform his friends, and the public in general, that he has retaken the stand which he formerly occupied as a TAVERN, and will continue the business—While he acknowledges with the warmest gratitude the favors of those who have given him their custom, he solicits a continuance of it, and assures them that every attention in his power will be paid to those who favor him with their call. Freeport, April 10.
THE copartnership of LAMSON & HUNT, is this day, by mutual consent, dissolved.—All persons indebted to, or having demands upon said firm, are requested to call and settle with either of them without delay. JOHN LAMSON, JOSEPH HUNT. Gorham, April 19, 1802.
THE copartnership of BARNES & NICHOLS, was dissolved on the 7th day of this month, by mutual consent. JAMES BARNES, MARTIN NICHOLS. Portland, April 19.
THE copartnership of GARLAND & LINCOLN, is this day dissolved by mutual consent.—All persons having demands against the firm, are requested to call on DANIEL GARLAND; and all indebted, to make immediate payment to said Garland, at his store at the head of Long-Wharf. DANIEL GARLAND, ROYAL LINCOLN. Portland, April 10, 1802.
Bowdoin College.
THE Trustees of Bowdoin College are notified, that the next semi-annual meeting will be held at the house of Mr. JOHN DUNING, in Brunswick, on the 10th day, which will be the third Wednesday of May next, at ten of the clock in the forenoon. CHARLES COFFIN, Secretary of the Trustees.
Lands for Sale.
THE following lots in Scandish, No. 24, 57, and 58, in the second division, generally known by the name of Elliot's Lots—No. 57 and 58 are on that part of Scandish called the Neck, and near the outlet of Sebago Pond—and have an excellent growth of Oak and other timber thereon.—For terms apply to THOMAS MOTLEY. Portland, March 25.
WE the subscribers, having been duly appointed Commissioners, by the Honorable JONATHAN BOWMAN, Judge of Probate for the county of Lincoln, to receive and examine the claims of the creditors to the estate of WILLIAM MOLIN, late of Camden, in the county of Lincoln, merchant, deceased, represented insolvent; since assigned us by said commission, at the dwelling house of BENJAMIN PALMER, innholder in said Camden, on the second Tuesdays of May, June, July, August, September and October next, from ten to four o'clock; at which times and place the creditors are requested to produce their demands against said estate, for examination and allowance. SAMUEL JACOBS, BENJAMIN CUSHING. { Commissioners. Camden, April 15.
THE Commissioners appointed by the Hon. William Gorham, Judge of Probate, &c. for the county of Cumberland, to receive and examine the claims against the estate of ELISHA GARDNER, late of Boston, merchant, deceased, represented insolvent; and six months being allowed from the twenty-seventh of January last, for that purpose; hereby give public notice, that they will meet at the dwelling house of SETH MITCHELL innholder in North Yarmouth, on the second Friday of the two following months; from three to eight o'clock, P. M. AMMI R. MITCHELL, SAMUEL P. RUSSELL, JACOB MITCHELL. { Commissioners. North Yarmouth, April 16.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the Estate of CALVIN CARVER, late of Freeport, in the county of Cumberland, yeoman, deceased, has taken upon him that trust, and given Bond as the law directs.—He therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same, to AMMI R. MITCHELL. April 19.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator de bonis non on the Estate of DAVID BROWN, late of Freeport, in the county of Cumberland, deceased, has taken upon him that trust, and given bond as the law directs.—He therefore requests all persons who are indebted to said deceased's Estate to make immediate payment; and those who have any demands thereon, to exhibit the same, to AMMI R. MITCHELL. April 19.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the Estate of JONATHAN BARROWS, late of Hebron, in the county of Cumberland, deceased, has taken upon him that trust, and given bond as the law directs.—He therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same, to WILLIAM BARROWS. Hebron, April 1.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the Estate of JAMES MOSES, late of Falmouth, in the county of Cumberland, yeoman, deceased, has taken upon him that trust, and given bond as the law directs.—She therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same, to JOANNA MOSES. April 19.
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the Estate of SETH MITCHELL, late of North Yarmouth, in the county of Cumberland, yeoman, deceased, has taken upon him that trust, and given bond as the law directs.—He therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same, to SETH MITCHELL. April 19.
THIS is to forbid all persons trusting an apprentice to the subscriber by the name of JAMES FOLSOM, as I will not be accountable for any debts he may contract. Portland, April 8. ROBERT M'DONALD.
WHEREAS MARY BARBARIC, wife of the subscriber, has behaved herself in a very unbecoming manner; this is to caution all persons against trusting or harbouring her on my account, as I am determined to pay no debts of her contracting. JOHN BARBARIC. Portland, April 3.
WHEREAS MARY wife of me the subscriber, has for a long time past eloped my bed and board, and absented herself from under my care, and still refuses to live with me—I therefore, hereby forbid any and all persons trusting her on my account, after this date, as I am determined not to pay one farthing of her contracting. Wiscasset, April 3. SAMUEL MARSHALL.
Boarding House.
A Number of Boarders may be accommodated, by applying to the subscriber, at his Dwelling-House under the new Assembly-Room, Fore street Portland, April 12. JOHN BAKER.
A House to Let.
IN the North part of the town.—For particulars, inquire at the Gazette Office. April 12.
This Gazette, is printed every MONDAY Morning, by WILLIAM JENKS, JUN. for the publisher, ELEZER A. JENKS, at the Printing Office, No. 7, Fifth-street, opposite Jones' Row, Portland; where Subscriptions, Communications, Advertisements, articles of News, &c. are received with attention. The price is ONE DOLLAR and FIFTY CENTS a year, exclusive of postage.
As this GAZETTE has the largest and most extensive circulation of any paper in Maine, it is highly advantageous for Advertisements, which will be inserted reasonably, and in a conspicuous manner. Primarily, In its various branches, executed at said Office, in a handsome manner, and at the shortest notice, by WILLIAM JENKS, JUN.