Jenks' Portland gazette (Portland, Me.), 1805-02-25 00:00:00

JENKS' PORTLAND GAZETTE.
No. 45 of Vol. VII.
PORTLAND, (MAINE) MONDAY, FEBRUARY 25, 1805.
Whole Number, 357
TO BE SOLD,
BY the subscriber, a valuable FARM, in Warren, in the county of Lincoln, on the river, about seventy rods above Gen. Knox's Mills and Locks, on the great falling falls on said River, about one mile from the Courthouse and half a mile from the Meeting house containing one hundred and thirty six Acres of LAND of the first quality, for village, mowing or pasturing; it is well wooded and watered—has several buildings which is suited for two or three small families; besides a large two story HOUSE the whole of the same; a Blacksmith's SHOP and a Coopers SHOP thereon with two good WELLS of Water, one nigh the house, the other by the barn; Lays on a large travelling road, leading back into the country—is a good stand for a trader, and a very probable one for a Farmer, as he may be always sure of full employ for a team, and a handy and ready Market for produce, owing to the great number of hands employed in the various branches of the lime business, Brick-making, and ship building, carried on in this, and the adjoining town of Thomaston.—Produce in general sells for more in the neighbourhood of this Farm, than in any of the seaports in the Commonwealth.—Price of land in the vicinity of this farm, twenty to thirty dollars per acre.
Also,
Will be sold with the above farm, if wanted a PEW in the Meetinghouse before mentioned.
Also,
About one and a quarter mile from this Farm, and bounded on the River and within thirty rods of a town road leading to said Farm, sixty four acres unimproved LAND of a superior quality which is covered with a good growth of Oak and other timber, intended by the subscriber as a Wood Lot for the said Farm but will now be sold with or without it.—Land and this lot sells from ten to twenty dollars per acre.
Also,
A FARM, lying forty five rods from the beforementioned Farm, and about forty rods from the abovementioned mills and locks and on the road leading to them, to Thomaston Camden, &c. and on the abovementioned road containing eighty six acres, is an excellent stand for mechanics, and a trader, and will be sold in lots to accommodate purchasers: small lots on this Farm sell from twenty to sixty dollars per acre.
Also,
In the adjoining town of Union, eight lots of land, suitable for making good farms; on one of which, is a valuable Mill Privilege, with plenty of timber around it, and would be a very good situation for a Grist-mill being in the neighbourhood of a handsome settlement and no other mill nearest very near it. These Lots are about twelve miles from the tide waters of Warren and Waldoborough, and but a small distance to good roads leading to both places.—Price of land in this part of the town is from four to seven dollars per acre.—The subscriber being about to remove to Bangor on Penobscot river, will sell the abovementioned lands on very reasonable terms for Cash, English, or West India Goods—One sixth to be paid down, the remainder in five equal yearly payments, with interest.—A Schooner of 100 tons or a ship or Schooner 80 or 90 tons, and not more than four years old would be taken in exchange for any of said Lands.
Also—a FARM in Thomaston containing one hundred and five Acres; bounded by the mill river and the road passing by the meeting house and within a few rods of the same—Has on the front of it a good Wharf and Lime-kiln with convenient Sheds.—Two DWELLING HOUSES, BARN, and Coopers SHOP;—is one of the best stands for carrying on the Lime business, or for a Trader in that town. Farms in this neighbourhood worth from twenty to thirty-five dollars per acre. House lots from one hundred to two hundred dollars per acre.
Also—a small piece of Meadow and Marsh—conditions of sale, 10 per cent down, the remainder in three years.
Also—Two thousand acres of LAND, in Bakesburg, sixteen miles from Bangor a handsome village at the head of navigation on Penobscot river and on a road leading to the same. The price of the best quality of said Lands from two to three Dollars per acre.—The difference in the price owing to the local situation of the Lots. Ten per cent to be paid down in cash or labor in said town the remainder in four equal yearly payments with interest. Payment may be made for any of the above lands except that in Thomaston in building a saw and grist mill in said town or building a house at Bangor on Penobscot river. For further particulars inquire of the subscriber at his house in Warren, or at his store in Thomaston.
BENJAMIN WEBB.
Warren, Feb. 2, 1805.
NOTICE
THE copartnership of the subscribers under the firm of BARBOUR & BARNEVILL, is this day dissolved by mutual consent: all persons indebted to said firm, are requested to make immediate payment to JOHN GRAY, and all who are indebted are requested to call on EDWARD BARNEVILL, who is authorised to adjust the same. JOSEPH BARBOUR. EDWARD BARNEVILL. Printed, February 18, 805
TAKE NOTICE
THE connexion in business under the firm of LORINGS & GRAY is this day dissolved by mutual consent All persons indebted to said firm, are requested to make immediate payment to JOHN GRAY, and all who have demands against said firm to call on him for settlement. JEREMIAH LORING, NICHOLAS LORING, JOHN GRAY. North armstrong, Feb. 2, 1805.
Legislature of Massachusetts.
THURSDAY, JAN. 31, 1805.
DEBATE
On Mr. Allen's resolution for dismissing the printers of the Palladium.
[Continued from last Monday's Gazette]
Mr. SPRAGUE (of Duxbury) said, the gentleman from Sheffield had offered many authorities in support of the position he had taken; and there was not time to produce counter-authorities to disprove them: But he was certain, he had misquoted or misrepresented what Mr. Jefferson had written in his Notes on Virginia.—The gentleman appeared to insinuate, that the President had declared, it was of no consequence to society, whether we believed there were Twenty Gods, or no God.—Whereas, Mr. J. says, "It does me no injury for my neighbor to say, there are Twenty Gods, or no God." Which, he said, was quite a different matter. It was true, the gentleman had corrected himself, by reading the words; but it appeared he meant to make a wrong impression with them. He believed, if other documents were as ready at hand, the other insinuations could as easily be proved to be false or distorted: But whether the resolution was approved or negatived, it would not hurt Mr. Jefferson's reputation. He hoped the question would be taken.
Mr. Mitchell (of Falmouth) did not like, he said, to see so much party spirit excited. He was sorry the subject had been discussed. He meant, however, to vote for the resolution; not so much on account of the publication in debate—though he did not approve of the conduct of the worthy Printers;—but because he thought he could get the work done cheaper. He was sorry to hear the gentleman (Mr. H.) say, he believed the principal part of the piece on the table;—for his part he believed very little of it.
Mr. Jackson (of Newton) said, he could not but express his disapprobation of those who brought forward such subjects as the one now in discussion:—It was a departure from the business they were sent to transact by their constituents. The investigation he said, could do no good. But as the resolution was thrust upon the House it must be disposed of. The resolution, he said, went to the dismissal of Printers, who had executed the public work for ten years, and he believed to general acceptance; and to punish them without giving them notification, or hearing them in their defence; in violation, he said, of the constitution, and an express rule of the house. The subject appeared to him to be a serious one, and to require more discussion than could be given in the house; he therefore moved that the resolution be committed, for consideration. The motion being seconded,
Mr. Brewer (of Roxbury) hoped the resolution would not be committed. The subject had been very thoroughly discussed and considered; and every member he believed, was ready for the question.
Mr. Jackson added; to pass the resolution, would be a direct violation of one of the rules of the house, which declared, that no vote, in any manner, affecting the property or character of an individual could be passed, without previous notice to the party interested. Another motive too, he said, induced him to move for the commitment; that of preventing the introduction of those party feelings which gentlemen seemed so much to deprecate.
Mr. Upham (of Brookfield,) said, he was in favor of the motion for commitment.—The subject now before the House, he said, was an important one.—It was to him a novel subject, and one that required consideration and deliberation:—To those more acquainted with parliamentary proceedings it might seem common and simple.—He believed it had been the practice of the House, in cases that were attended with doubts and difficulties, and that required examination and investigation, to refer to a committee: There were, he said, in his mind, many questions, as to the resolution on the table, to be taken into view, which might with much more facility and propriety be settled in committee, where the members of it may have time and opportunity calmly and coolly to deliberate and decide, than in the House.
In the first place, he said, it was to be considered whether the House had the right and the power to pass and enforce the resolution; and whether it could be
done consistently with the constitution of the Commonwealth. It was said, the Legislature had made a contract with the Printers under implication.—If so, he said, it was worthy of serious consideration whether the same Legislature has a constitutional right to destroy and rescind the contract. If a right to the office, and the fruits of it, had been vested in the Printers, he doubted extremely the power of the House to divest that right. Although, said he, it may be true, as suggested by the gentleman from Pittsfield, that no certain price was agreed upon for the labors of the Printers, yet it was no less a contract on that account. If it was agreed, that the Printers should do all the necessary printing for the commonwealth, for the term of one year for a reasonable compensation—for a quantum meruit, it was, he said, as much a contract, as if a specific price had been settled.
If the Printers, said Mr. U. have committed any offence or been guilty of any crime, it was not against the House.—It was therefore, in the next place to be considered, whether even if the House had the power and the right to rescind and destroy this contract, it was expedient to do it. Why, he asked, should the House trouble itself as to the offence; if it were one against the private character of Mr. Jefferson? Why call the Printers to an account for this offence, rather than for any other which they may have committed? They were, he said, unquestionably liable to be prosecuted for all their offences, by the laws of the land, before the proper tribunals.
But, continued Mr. U. if there be no doubt as to the right or expediency in the case, was it not to be considered whether the House would proceed without giving the Printers an opportunity to make their defence. Is there, he asked, a precedent, in any country, to authorize the House to deprive a citizen of an office, or the fruits of it, held by contract, by rescinding and destroying that contract, without giving him an opportunity to be heard in his defence, by himself or counsel? Shall we continue, in our commonwealth—under our Republican Government—in our land of liberty and equality—about which we hear so much conversation, give an authority for such a procedure? The printers, he said, might shew, from any thing which appeared to the contrary, if an opportunity was offered them, negatively, that the offensive publication did not allude to Mr. Jefferson;—that his name was not mentioned in the whole piece, except in allusion to the democratic, or republican party; and in this way only once. Unless the fact, alluded to, he said, were true, Mr. Jefferson had no right to consider himself implicated, any more than any other person in the country. There is, said Mr. U. a kind of evidence almost irrefragable, to his mind, that Mr. Jefferson is guilty of the charges made in the publication, in the minds of his adherents, who have brought forward, and now advocate the resolution, resulting from their applying them to him exclusively.
But allowing, said Mr. U. that the charges allude to Mr. Jefferson, the printers unquestionably ought to have an opportunity to justify, either before the House or before a committee:—And, he said, it had been the practice of the House to hear all persons by themselves or counsel, immediately interested in any subject under consideration before their committee. It certainly would not be contended at this day, he said in this country, that in case of a libel the truth cannot be given in evidence.—Although by the common law of England, the truth, may not be admitted, in case of a libel, in justification; yet as that doctrine was, he said, utterly inconsistent with the very genius of our government, he presumed it would not be advocated. Under our Constitution, he said, where the officers are considered as the SERVANTS of the people—under a popular government like ours where those in authority are viewed as responsible to those from whom they derive their authority, it was, he said, absurd to say, that the citizen had not the right, with impunity, to speak and write truth. It was, a first principle in a free government, that every man has a right fairly to use influence to prevent the election or re-election of those to office, whose conduct does not meet his approbation.—Our Representatives, Senators, and Presidents, he said at short intervals, returned to private life, and it was, he contended, the privilege
of the citizens to leave them there, if they have conducted improperly. How, he asked, this be done? How will it be ever in the power of the people to prevent those who are once in office, and who have committed offences, and been guilty of crimes, from forever continuing there; if they have not the right to speak and write the truth about them? It certainly, he said, would not be contended, as he before observed, in this country, at this day, that the truth in case of a libel, cannot be given in evidence in justification.
As to the truth of the charges, in the publication, although Mr. U. said he should not have courted an opportunity to express, thus publicly, his opinion upon them;—yet since they had, some how or other, to be sure, in a manner he believed unprecedented, been brought into question before the House;—he had no hesitation in saying, seriously and solemnly, that he really believed in his conscience, that the greater part, if not all of them were substantially true.—He had not, to be sure, any personal knowledge of the truth of them;—but he had, he said, that kind of evidence, which was perfectly satisfactory to his mind. He had as perfect a conviction, for his own mind, of the truth, the substance of the charges in general, as he had, while, in Courts of Justice, hearing trials, of the truths of facts, then established by witnesses;—and he believed they might be proved by the best evidence that the nature of the case would admit. The charges, he said, had been made and repeated for more than four years, last past; in all the federal newspapers in America;—not in one solid column, as in the publication under implication; but sometimes one article, and at others another. They had been published and republished again and again, at the seat of Government, avowedly and before the face of Mr. Jefferson;—who could not, he said, have taken up a print, during the term that he had mentioned, without having found some one of the charges, staring him in the face:—Yet during this whole time, these charges had not been contradicted, either by Mr. Jefferson or his friends.—This, Mr. U. said, in his mind, amounted to at least a tacit confession of the charges; and the right to contradict them, now, if he might be allowed the expression, seemed to be outlawed.
As the resolution had been brought forward, Mr. U. said it was of importance properly to dispose of it. Many difficulties had arisen in his mind on the subject. He hoped the motion for commitment, would prevail.—The subject certainly could have a more full and deliberate consideration, before a committee, than before the House.
Mr. Bangs (of Worcester) opposed the commitment of the resolution, but spoke in so small a voice, that we fear we cannot accurately state the whole of his observations. He was, he said, opposed to the commitment, because it would protract a decision on a subject which had been before the House several days,—which the members had had opportunity to converse on in private; and on which he trusted they had generally made up their minds. He was convinced, he said, the House were as ripe for the question then, as they would be after a committee had reported upon it. A committee, he said, could not receive or communicate any new light; as the committee must be composed of members of the House; and the vote of the House could as well be obtained as a vote in the committee. Suppose, he said, the resolution is committed; their report, whatever it may be, will be opposed on the one side of the House or the other; and therefore nothing can be gained by the reference. The question, Mr. B. said, it was true, was on the commitment of the resolution, but as the gentleman from Brookfield had been permitted to go generally into the merits of the general question, he trusted the indulgence would not be denied him. If he were permitted [The Speaker said the gentleman would be indulged] he should say, that he could not see the force of the position, which gentlemen had assumed, that the House could not dismiss its printers from employment, without notifying them; nor how that dismissal was an abridgement of the liberty of the press: and when he heard them so strenuously advocating those positions he could but lament the lengths to which a spirit of party would carry gentlemen; who would not, he said, under

and the subject before them. No one, he declared, more highly respected the liberty of the press than he did; and it was very far from him to restrict the freedom of discussing all public questions. But, he said, it would be well to inquire, what was the liberty of the press? What may be printed with impunity, and what may not? It would be strange indeed, if the liberty of press should permit men to say whatever they pleased of us, and we be restrained from the liberty of saying, you shall for your abuse no longer enjoy our patronage. With respect to the freedom of the press, Mr. B. said, he believed he was willing to go further in its support than the gentleman from Sheffield. He was content, the press should discuss all subjects; that it should strictly examine all public measures; that it descend on the purchase of Louisiana, for instance; that it should scrutinize all the motives, and condemn every measure of the administration. That it should condemn the sale of the ships of war, even if it should be proved, that the former administration ordered that sale, and the present administration only carried the law into execution:—They may go further than all this, he said, and he should be willing they should escape prosecution; if reason is left free to combat the obloquy.—Nay more, the press may condemn our Republican institutions and governments;—may say, that the people is an ungovernable beast; and if any other mode than that of election could be adopted—for they are incapable of electing for themselves, that Personages ought to be appointed to rule and govern; the press may advocate a nobility selected from the better sort of the community; a president and Senate for life; nay more, like the Israelites in Egypt, they may pray that a King may be given to go in and out before the people:—All this may be done, but then let reason be left free to combat them.
[The debate will be continued in the next Gazette.]
To the Editor of the Portland Gazette.
ELM-TREES, FEB. 12, 1805.
TO understand a political or civil institution, so as to be able to say it is better than another of the same kind, it is necessary to view both, as in actual operation, and calculate the particular effects flowing from each; without this conception of them, and a critical comparison of these effects it will be impossible to make up an impartial judgment. To say of one, generally, it has done much good, may create a prejudice in its favor; and though, who believe what they hear, will be ready to vote in its favor, tho' they know nothing of its intrinsic merit. The power of words and epithets over men's actions as well as judgments is truly astonishing; and when we have analyzed our past conduct or former judgments, and see how little is the result of a comprehensive knowledge of the subject we acted and passed sentence upon, we are ready to call in question the correctness of our investigation; and in a majority of cases, for the want of integrity and attachment to truth, we fall back into an old error.
When a writer publishes of the old judicial system, that it has been the means of diffusing much legal information through the community; and of the new system, intending to make a comparison favorable to the former, that under its operation legal knowledge will be confined to a very few persons, and that of those who make the study of law their profession, a great proportion will lose all ambition to become eminent; I consider such declarations as having a powerful tendency to mislead his readers, if the subject is to be decided by a popular suffrage; or they may excite a blind clamour for an old, but less beneficial system, than the one proposed for examination, and eventually prevent the adoption of one that would greatly promote the general interest of the country.
Nothing is more likely to take hold of the popular mind and, at once, create a prejudice too powerful to suffer a cool examination, than an institution thought to be favorable to the promotion and spread of knowledge; and in proportion to the proposed institution promises to bring information to our neighborhood, and home to our very doors, will the prejudice in favor of its increase. It requires considerable fortitude to oppose such an institution, especially when the opposer would substitute one that has already attached to it the odious tendency of drying up the sources of information and introducing a state of general ignorance, on subjects of vast importance to the community. On this point, however, I feel confident a clear display of the new system will make it evident that the old one has no advantage over it, as an institution to disseminate legal knowledge among the people; tho' by the careful attention to the bill of Rights and the Constitution, it will not be found, that, to disseminate knowledge or to instruct the people were ever thought of, by the framers of the social compact, to be included among the primary objects of a judicial system. From the ninth article of the bill of rights we may certainly infer, that whatever form of the judiciary will enable a man to obtain rights and justice must freely, completely, and promptly, conformably to the laws, ought to be established. It is true that every judicial system will become the occasion of diffusing, more or less, a knowledge of the rights and duties of citizens; but this is incidental only; and it would be wrong to sacrifice its primary object, which is the administration of justice, to an inferior and accidental one. This would be to confound a judiciary institution with literary and scientific ones; courts of law, with schools, academies and colleges, which, it will be seen on the most superficial view, have but few, if any, analogies in their structure and arrangement. The arrangements of scientific and literary institutions always have their primary object in view, and pursue that undeviatingly; and why should not the arrangement of a judiciary do the same? Why should a man, who has been injured, and applies to a court for expeditious and free justice, under the bill of rights, be subjected to inconveniences, not necessary to the obtaining the justice due him, but required only as means to instruct his neighbors or strangers who may attend the court as spectators? The
Legislature will always take care that their laws are duly published; there is no complaint on this ground.
I believe nobody is particularly anxious for the adoption of a judiciary as detailed in the bill which the judges presented to the Governor. The union of the Common Pleas judges with the nisi prius judge cannot be justified on sound principles; many other decisions might be made without departing from the leading principles of the bill.—Should writs of review be allowed in the manner heretofore, and writs of error lay in more or fewer cases than proposed by the bill; these and many other alterations are consistent with the principle, which is, simply, that one judge or more, if they please, shall sit in each county and try all the facts or issues as they rise, referring to the party who thinks the judge or judges have given a misdirection to the jury, or an erroneous opinion, on a point material to his cause, the right to have that opinion reviewed and decided by the whole court, at their law term, to be held once a year, or oftener if necessary, at Portland for the District of Maine. This brings the question, in dispute, fairly before us; the writer's remark upon, says the discussions of legal questions, in the counties where they rose, before the whole Court, has been the means of diffusing much legal knowledge among the people; but under this nisi prius system, or one proposed by the judges, certain legal questions arising in the several counties in Maine will be carried to Portland, there be argued and adjudged; and that the transferring these questions with the discussions thereon, will necessarily occasion a decrease of knowledge, and information in those counties as well as an injurious diminution of ambition among the country lawyers. It has not, and I believe this writer will find it difficult to prove that the diffusion and extension of legal information among the people is in any certain proportion to the number of legal questions decided, so that if a given portion of them were to be removed to another county, or settled without discussion, a proportionable diminution of knowledge in the county would be the necessary consequence. But if a few more or less discussions, from any given number, that will ordinarily rise in the counties, will have no perceptible effect on the common level of information, this writer's conclusion is erroneous, and without it his objection falls to the ground: For if after the legal questions, and discussions alluded are transferred to the Law Term there shall still remain in those deserted counties nearly the same means and occasions of diffusing legal knowledge in them that ever there were, what reason can be assigned why the information will not rise or keep up to its common level? Should it be said this is all theory and conjecture—admitted, but it may nevertheless turn out to be a just theory and well supported by facts. To which we will turn our attention.
As this writer has not informed us of the modus , or how the trial of causes and the discussions of legal questions become the means of diffusing knowledge among the people, I shall presume it arises from the accidental circumstance of their being present in Court when they take place; that is, if jurors, parties, witnesses and strangers, more or less, are present in Court during a trial of causes, or discussions of a law question, and attend to what is said and done by the counsel and Court, they will probably hear and retain something relative to the trial; they will catch some detached ideas of law; and very probably be induced to try their luck in a lawsuit of their own. Now whatever took place under the old court during the trial of causes will take place on the like occasion at nisi prius, where all jury trials must be had. The writ and pleas must be read, and all questions arising out of them be argued before, and decided by the judge as heretofore by the whole Court. As facts must be tried in their respective counties, to all questions on the admission of witnesses, taking depositions and their admission, with the admission or rejection of all kinds of evidence whatsoever that is relative to jury trials; all exceptions thereto must be made in open Court and will be argued before they are allowed, unless in cases where the point is too clear for a controversy. The whole system of evidence will occasionally be brought into public discussion as formerly. Thus far the means, occasions and incidents from which knowledge may be gleaned by attentive and patient hearers appear to me so nearly the same, under the old and new system, that I do not discover any difference sufficient to warrant a conclusion unfavorable to the new one. Let it be here noted that in those trials where no bill of exception shall be filed to the opinion of the Judge, no difference, even nominal, can be pointed out as a source of knowledge, between a nisi prius trial, and the same trial had formerly before the whole Court; unless we take into consideration that in the first case a single Judge pronounces the law, & in the latter the Judges may sometimes disagree and pronounce different sentiments from one another, on the same point. The effect this has on the public we will consider hereafter.
The Judge, being sensible his opinion may be expected to by the party against whom it shall be pronounced, and the question be carried and readjudged by full Court, will naturally be excited to pay all possible attention to the subject and pronounce a correct opinion; and as each party will be anxious to have the sentence of the Judge in his favor to throw the exception and expense of a writ of error upon his antagonist; so, judging according to the well known principles of human nature, the lawyers, on each side, will be stimulated to establish the correctness of the position, they may respectively advocate. If fame and interest have not lost their usual influence upon the minds of the gentlemen of the bar, the nisi prius system will be so far from destroying in them the principle of ambition that under its operation, their ambition must be roused by a double stimulus into action. An ascending grade of courts for the discussion of law questions is always favorable to high minds and ambitious souls. If there be any one circumstance in the adoption of the nisi prius system in which the people have nothing to fear it is that there is not the least danger of the country lawyers ceasing to be ambitious; and as little do there appear to my mind any just grounds to apprehend this system will, in the least, diminish the means of disseminating among the people that degree of knowledge they have heretofore gained by attending Courts in their respective counties.
I shall dismiss these two objections, with observing that when we consider the two rival systems as institutions from which the people may gain a knowledge of their rights and duties we must set down to the credit of the proposed system a correct series of reported cases from the Supreme Judicial Court, published annually, which can never be expected from the old Court. The advantages of having these reports in our hands are too numerous to attempt a description, or enumeration of them.
ONE OF THE PEOPLE.
Professor of divinity. —At length the Rev HENERY WARE, of Hingham, is chosen professor of Divinity in the University of Cambridge.—The choice of a President is expected speedily to follow.
By the Scales.
From WASHINGTON, FEB. 11.
Trial of Judge Chase.
“On the 9th Mr. Randolph, chairman of the Managers, opened the case, on the part of the House, against Judge Chase; but in a manner so feeble, as to disappoint every one who had been accustomed to hear him in argument. But though deficient in argument, he was not deficient in impudence.—Besides the opprobrium which he heaped on the venerable Judge, he uttered many gratuitous invectives against the District judges, who sat with Judge Chase on the trials;—particularly Judge Peters, of Pennsylvania, and Judge Griffin, of Virginia. Judge Chase, in his answer, mentions, that Judge Griffin concurred with him in all the decisions, on which the impeachment, in that case, is founded; and that in the case of Fries, Judge Peters also concurred.—In noticing this, Randolph said, the respondent had endeavored to shelter himself under those concurring opinions; but that his pre-eminence should be remembered—and his predominating influence over inferior Judges, who sat on the bench with him—“Men of weak and feeble temper—and of intellects [making a long pause] perhaps as feeble.”
“His remarks on the conviction and pardon of Fries, were highly indecorous if not impious. On this subject, he said, he rejoiced, that Executive mercy had prevented the blood of the innocent and unoffending German, from appearing at the bar of eternal justice, as the accuser of the Respondent, that this single act of the late President, had, in his opinion, redeemed a multitude of failings; and that it had prevented the crime of Justice from being dyed with blood. Surely the expression of such a sentiment towards any man, would have been unjustifiable, but towards the venerable object of this flood of indignity, it was as mean and malignant, as it was false and ridiculous.”
“Two witnesses only were examined yesterday, Mr. Lewis and Mr. Dallas.—Their evidence was in substance as published in their affidavits last year. There are about 55 witnesses on both sides; so we may expect this trial to occupy nearly the remainder of the session.”
“Judge Chase has four counsel—Messrs. Martin, Harper, Hopkinson and Key. Of the 24 witnesses on the part of the impeachment 15 answered; and of the 32 witnesses summoned by Judge Chase, 25 answered.”
“The concourse of spectators which attended the trial is great;—of whom the ladies make a considerable number.”
From NEW-YORK—Feb. 16.
The Southern Mail had not arrived last evening, at the closing of the Post-Office. A report is in circulation that the Stage, carrying the Mail, was entirely lost on Thursday, in attempting to cross the Delaware, and that the passengers were all drowned. We hope we shall be able to contradict the above in our next.
FROM THE MEDITERRANEAN.
Mr. Baker, purser of the United States brig Siren arrived on the 13th inst at New-York, from the Mediterranean, via Cadiz, informs that the Essex frigate has failed for Malta—that the blockade of Tripoli was still continued—that three Greek vessels laden with wheat and bound to Tripoli had been captured—that Commodore Preble, in the John Adams was at Palermo, was about to proceed to Naples and thence to this country—and that Commodore Barron was sick at Malta.
The last accounts from England state, that Windham, Grenville and Fox, are on the best terms with each other, and that Cobbet (Porcupine) has recently eulogized Fox, and even praised Sir Francis Burdett.
COMMERCIAL.—We observe by a Proclamation of Charles Cameron, Captain General and Governor in Chief of the Bahama Islands, that the admission of “corn, all sorts of grain, pulse, flour, bread, rice, every species of salted provisions, cattle and live stock of all kinds, and all sorts of lumber,” which was allowed by Proclamation of December 7, 1802, into the ports of Nassau, Exuma, Turks Island, and St. Georges, and Crooked Island, as well in British as in foreign bottoms, will be prohibited in foreign vessels from and after the seventeenth of July next, ensuing.
Dated at Nassau, New-Providence, Jan. 7, 1805, &c. &c. (Signed) CHARLES CAMERON. N. Y. Com. Ad.
Portland.
MONDAY, FEBRUARY 25, 1805.
LATEST FROM EUROPE.
Capt. Thrasher in the ship Cornelia , arrived here on Saturday last from Liverpool, with London papers to the 20th of Dec. three days later than before received. Many of their columns are occupied with particulars of the French Coronation. The following are the only additional particulars they contain relative to the
SPANISH WAR.
LONDON, DEC. 20.
An order of Council for laying an Embargo upon all Spanish vessels received His Majesty's signature yesterday; was carried into execution on the Spanish vessels in the River, and was dispatched to all the Out Ports. The Spanish Government have already adopted a similar measure; but with little detriment to us, for there are not more than three or four British vessels in the Spanish ports—nor indeed are there many Spanish vessels in British ports. It is extraordinary that Mr. Frere is not yet arrived. He certainly left Madrid more than a month ago. Letters of marque and reprisal are not expected to be issued, nor will the Spanish Ambassador take his departure till Mr. Frere is arrived. It is rumoured that Bourgonville has ordered the Spanish Government to adopt a similar measure to that which was adopted by Bonaparte at the commencement of the war; to detain all the English in Spain. We know not that there are many English in Spain, except those who are settled there as merchants.—Lord and Lady Holland are the only persons of any consequence.
Yesterday, about three o'clock, the Spanish Ambassador had an audience of Lord Melville, at the Admiralty, which lasted a considerable time.
OF PORTUGAL.
The only point ascertained with respect to the actual state of Portugal is, the complete establishment of the influence and control of the French Government over that Kingdom; but we are still ignorant, except in the case of Great Britain, in what way this absolute ascendancy is to be exercised. We are yet to learn whether Bonaparte will be content with cutting us off from all trade with that country, and with exacting a large contribution in specie, or whether he will insist upon garrisoning it with his troops. There cannot exist a doubt that the Prince Regent has been driven to this disgraceful surrender of his people's independence and real interests, by the conviction, that the Court of Madrid would either grant a free passage to the French army, or would not dare to prevent their march through the Spanish territory. Bonaparte will, we think, sacrifice the interests of Spain and Portugal to his favourite object, revenge; and though he may apprehend that not only the Brazils may fall into our possession, but that we may succeed in effecting a revolution in South America, subversive of the power of Spain in that quarter, he most probably flatters himself, that the conquests made by British enterprise, and valour, will, as was the case by the last treaty, be restored his allies at the conclusion of peace.
FRENCH CORONATION.
On the 2d, as we asserted in our last, the Coronation ceremony took place, and presented to the frivolous Parisians a truly splendid spectacle. The day was favourable—the actors were all, previously, well drilled—the police were extremely active—and the military very numerous—so that notwithstanding the great assemblage of foreigners, as well as of Frenchmen from all parts of the Empire, the greatest order was maintained, and nothing occurred to damp the general joy. Even the sun, it appears by that oracle of truth, the Moniteur , signified its approbation, and the horses which drew Imperial carriages, proud of the employment, leapt for joy. Companies of buffoons and bands of musicians were employed by government in all public places, and the people danced to the clanking of their chains, shouting, as a response to the rivetting of their fetters, Vive L'Empereur , with the same apparent ecstasy with which they vociferated Vive la République as the amiable Louis was led from the temple to the guillotine.
Bonaparte has presented the Pope with a triple crown valued at 20,000 sterling.

MR. JENKS.
THE opponents of the present government of this state, have already nominated their candidates for Governor and Lieut. Governor, the ensuing year, and are united in supporting their former unsuccessful list for Senators of this county. It is remembered, that the Federal Republicans did not last April agree on their candidates, until a fortnight before the election, by which many votes were lost. The citizens of this county will generally support their old, and well tried friend, WOODBURY STORER, Esq. but those removed from this town are not resolved whom to hold up as the other. The times call loudly for UNION
It is understood that our other present worthy Senator, Mr. CUSHING, intends to be a candidate at the next election. In which case we presume the federal yeomanry of Cumberland, will unite to a man, and again give a handsome majority to the hon. JOHN CUSHING and WOODBURY STORER, Esq's. who have proved themselves so worthy the people's confidence. GAZETTE
Massachusetts Legislature - The bill to incorporate a part of the counties of York and Cumberland into a separate county by the name of Oxford, passed to be engrossed. - A bill making further provision in the Judicial department, was read a first time, and committed to Messrs. Ely Allen, Symmes, Wheaton and Wheeler. - The House concurred with the Senate in giving leave for a Bank at Buckston, county of Hancock.
The Committee on Mr. Allen's Resolution submitted the following; which was accepted, 91, to 85:
Resolved, That this House cannot pass any Order or Resolve to censure or punish any individuals, except in cases of the breach of its own privileges; that Young & Minns, in making the aforesaid publication, have not been guilty of any such breach; and that it is not expedient to rescind the contract made with Young and Minns for the present year.
COMMUNICATED. From Boston. - The poor demo's here seem to be rather cowed. They have met with ill success as yet in their political party spirit. Having failed in the choice of a Senator and of a major general; and in their motion for the removal of Young and Minns, many of them are heartily sick, and truly vexed with the little member from Pittsfield, for introducing that motion. They never meant such truths of Mr. Jefferson's character should come out. Indeed many of them never heard of them themselves. It was very diverting to observe many of their countenances, while Hulbert stood, and smiling declared, that he believed those things that were published in the "Monarchy of Federalism," were substantially true; and when he pronounced his Latin phrase "de gustibus non disputandum," with uplifted eye and hand, although few of them understood it, they looked as if they thought it dreadful!
It is expected that Mr. Allen's motion for dismissing of Young and Minns, for publishing the "Monarchy of Federalism," together with the arguments upon it, the printers' defence, the documents accompanying it, and the report of the committee, will be published in a Pamphlet. It is proper the public should be acquainted with the whole truth. The facts are important, and ought to be known. They may tend to enlighten blind eyes; to illuminate benighted minds, and remove some of the evils that endanger the American Republic.
Extract of a letter from a gentleman in Boston. Since the late disclosure of truths in regard to the character of the president, my federal principles have been greatly strengthened. Notwithstanding all the boasting of the democrats in regard to economy, the prosperity of the nation, &c. &c. I see nothing in their conduct promotive of either, and am more than ever, convinced that our political salvation, our respectability, morality, virtue, good order, (and I had almost said that Religion which leads to happiness of men in a future state) depend upon the support of Federalism.
Last Tuesday, the Court of Common Pleas commenced its session in this town. Samuel D. Freeman, Esq. was admitted as an attorney at said Court.
SPARRIED. In Northyarmouth, Mr. Solomon Winfree, to Miss Catherine Baker. - Mr. Joseph Thomas, to Miss Mercy S. S. - Mr. Amos Storer, to Miss Sally True - Mr. Edward Parsons, of Poland, to Miss Lucretia Chase - Capt. Jonathan Whitney, to Miss Polly Walker. - Mr. Daniel Lusk to Miss Dorothea Southworth - Mr. John Williams of Freeport, to Miss Eunice Clough. - Mr. Edward Tait to Miss Sarah Buxton. - Our correspondent adds, "a number more expected soon."
In New Bedford, Mr. David Tabor, merchant, of this town, to Miss Mary Smith of that place. In East Andover, Mr. Moses Greenwood, mer. of Bangor, to Miss Phebe Poor. In Ormington, Mr. John Barker, mer. of Bangor, to Miss Sophia Carr. In Poland, Mr. Nathaniel Foster, of Northyarmouth, to Miss Rebecca Sawyer. In Poland, Mr. Henry Byrum to Miss Betsey Ricker. In Scarborough, by the Rev. Mr. Tilton, Mr. John Atkinson, Jun. of Buxton, to Miss Paulina Harmon.
PORT OF PORTLAND.
Friday, Feb. 21. - Arrived brig Traveller, captain Miles, 27 days from St. Pierre, Martinico. Sailed in company with brig Harper, for Salem; schooner Stover, for Newburyport. - Left there Jan. 15, brig Hannah, Flos. McLean, of Portland, to sail in 40 days; sloop Rosanna, Helms, New York, 10 days; brig Reward, Sawyer, Portland, at Francois, to sail when ready; brig Gorham, Hall, Portland, at Fort Royal do.; schooner Iris, Robbins, Portland, in 20 days; schooner Chesapeake, Hurst, failed for Mary-galante, 25th Jan; schooner Fair Lady, Snow, failed same day for Moran; sloop Hercules, Parsons, of Newburyport; John & Joseph Manning, Baltimore, to sail in 10 days; Fair Manhattan, Salter, New York. State of the Markets at Martinico - Lumber, W. Pine, 18 dollars; Fish, 4 to 4 1/2; Beef, 9 to 10; Flour, 13; Pork, 11 to 12; and other American produce in proportion; - produce of the island high and scarce. Spoke, 17th Feb. 20 leagues E. S. E. from Cape Elizabeth, brig Jane, capt. Stephenson, from Martinico. Saturday, 23d - Arrived ship Cornelia, capt. Thrasher, 63 days from Liverpool. H wreck, full of water, loaded with salt, was lately seen in the gulf. Feb. 7 in lat. 8. was in with the wreck of a brig with yellow flags, red hot iron and a red quarter deck fore and main top sail yards gone, and hull of water. Recently was parted Cape Sable bearing N N E. in a gale from N W. a ship, had no bowsprit, nor foremast, appearing to have nobody on board. The fch. success, belonging to Portland, was at Maragaante, Jan. 14.
"The Pilgrim, No 22" is received - Others favors are on file.
A correspondent at Washington has favored us with Judge Chase's Answer to the articles of impeachment exhibited against him. It is very lengthy; but we shall give it to our readers if possible.
COMMONWEALTH OF MASSACHUSETTS. In the year of our Lord one thousand eight hundred and five. An act to restrain the issuing printed promissory Notes of certain denominations, and for other purposes.
Sec. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all Bills, Notes, checks, Drafts, or obligations whatsoever, under the amount of five dollars, payable to bearer on order, shall be wholly in writing. And that all Notes, Bills, Checks, Drafts or obligations whatsoever, under the aforesaid amount, and payable at the first day of April next, and which shall bear the impression of types, plates, or printing, shall be utterly void, and no action shall be thereon sustained in any Court of Law. Sec. 2. And be it further enacted, That any person or persons who shall issue or pass any Bill, Note, Check, Draft or Obligation whatsoever, unless the same be wholly in writing as aforesaid, shall forfeit and pay a fine of four dollars, to be recovered by an action of the case, before any Court competent to try the same, one moiety thereof for the use of the complainant and the other moiety for the use of the poor of the town, where said Bill, Note, Check, Draft or Obligation may be issued or passed: - Provided however, that nothing herein contained shall affect the rights or privileges already granted to any Bank or Banks incorporated within this Commonwealth. Sec. 3. And be it further enacted, That the Secretary be, and he is hereby directed to cause this Act to be published, as soon as may be in all those newspapers in which the Laws of this Commonwealth are usually published. In the House of Representatives, Feb. 13, 1805. This bill having had three several readings passed to be enacted. H. G. OTIS, Speaker. In Senate, Feb. 16, 1805. This bill having had two several readings passed to be enacted. DAVID COBB, President. Feb. 18, 1805. - By the Governor approved. CALEB STRONG. A true Copy - Attest. JOHN AVERY, Secretary.
NOTIFICATION.
THE subscriber, about two years ago, gave public notice, for all persons indebted on book accounts to call and settle them; - But few regarded it, making these objections, viz. - First the scarcity of money - Secondly, the uncertainty of finding the subscriber at home. - He again takes this method, to call on them once more requesting all, who are indebted on book accounts, to call, and those having any demands to exhibit them for a settlement; he would furthermore give notice that he has removed said objections, the first, by granting them the privilege of settling all accounts, exceeding one dollar, by giving their securities; - the second by employing a person at his house in Minot, constantly, four weeks succeeding the date hereof, to settle with all who may attend. As it becomes every person of economy, whether debtor or creditor, to adjust his accounts once a year; and many of these are of five or six years standing, and the avocation of the subscriber such that he cannot attend the settlement himself; - therefore if any person shall neglect settling within the time above specified, he will be under the necessity of putting the book out of his hands, and they must settle with another person. SETH CHANDLER. Minot, Feb. 20. 1805
WANTS EMPLOYMENT.
ONE who is acquainted with Merchandise and Book-Keeping in its different branches. Inquire at the Gazette Office. Feb. 28.
REMOVAL.
ELEAZER GREELY has removed from Elm-street to No 4 Mussey's Row, where he has for sale a general assortment of European and India Goods, at reduced prices. Portland, Feb. 23.
WINDOW SASHES.
FOR sale, ready glazed of all sizes, and any number. Cash or West India goods taken in payment. Quadrants and Compasses repaired as usual and all kind of Glazing done by the subscriber opposite Mrs Fox's, Fore Street. SAMUEL M. QUINCY. Feb. 25.
FIVE or six gentlemen may be accommodated with Board and Lodging in a pleasant part of the town, convenient to business; on reasonable terms. - Enquire at No. 2, Fifth Street. Portland, Feb. 20.
NOTICE.
THE subscriber, intending to remove from this town in March next, requests all persons indebted to him to make immediate payment, and those who have demands to call on him for settlement. He offers for sale his Store, situated near the Hay market Northyarmouth with an acre and an half of land, barn, &c on reasonable terms, apply to NICHOLAS L. MITCHELL. Northyarmouth, Jan. 23.
NOTICE.
DIED on board the brig Nancy, the 12th ult. BENJAMIN WILBUN, formerly of Taunton. Any person legally authorized may receive his effects and balance of wages by calling on WM WEBB middle-Street. Portland, Feb. 20 1805.
THE partnership of PRATT & TRUE, being this day dissolved, by mutual consent. All persons having demands on said firm are requested to call on D. VID PRATT, for settlement; and all who are indebted are desired to make immediate payment, DAVID PRATT. ABNER TRUE. Northyarmouth, Feb. 19. 1805
THE C-partnership of CUTTERS & GURLEY, was dissolved the first day of November last. All persons indebted to, or who have demands on said firm, are requested to call on R. Gurley, for settlement. LEVI CUTTER W. CUTTER ROYAL GURLEY. Sullivan, Feb. 15, 1805.
NOTICE is hereby given to the non-resident proprietors and owners of land in the town of Durham in the county of Cumberland and and Commonwealth of Massachusetts, that the lots or parts of lots of land hereinafter mentioned, are taxed in the bills committed to me the subscriber, collector of said town for the year 1804, to collect in the sums following, viz.
Table with 7 columns: Proprietors Names, Lots, No Acres, State Tax, Town Tax, Highway Tax. Rows include Heirs of Joseph, Noyes, Esq., Capt. Isaac Randall, Heirs of William Clark, Col. Josiah Little, Heirs of William Stanwood, Samuel Fice, Peleg Chandler, Heirs of Seward Porter, PROPRIETORS UNKNOWN.
Unless the above taxes with all necessary intervening charges are paid to me on or before Tuesday, the thirtieth day of April next, then of the clock A.M. so much of the said lots or lands as will be sufficient to discharge the same, will then be sold at Public Vendue, to the highest bidder, at the dwelling-house of Joseph Proctor, Innholder, in said Durham, as the law directs. SECOMB JORDAN, Collector. Durham, Feb. 14, 1805.
LOST ON the 19th inst. a red MOROCCO POCKET BOOK, between Portland and Weymouth, Tavern, Weymouth. Whoever has found the same, and will return it, shall receive FIVE DOLLARS reward - Apply at the Gazette Office, or to the subscriber. ALEXANDER GREENWOOD. Hobson, Feb. 19.
EDWARD BARNEVILL,
Respectfully informs his friends and the public, that he has taken the Store lately occupied by Messrs. Barbour & Barneville, where he has for sale, a handsome assortment of ENGLISH AND INDIA GOODS.
ALSO, Raven's DUCK, 20d, 10d, 8d, 6d, & 4d, NAILS, 8d, 6d, 4d, & 2d, BRADS, 6 by 8, 7 by 9, & 8 by 10 GLASS, German and Blistered STEEL, Hyson, Hyson Skin, Souchong & Bohea, TEAS, Loaf, India & Brown SUGARS, Lisbon, Sherry & Malaga WINES, BRANDY and GIN, Excellent Old RUM, Pollock and Cod FISH, PUNCH and RUM, Hhds. MOLASSES, Quantity GIN CASES, Thomason LIME, &c. &c. The above articles will be sold cheap for cash or approved credit. Feb. 18, 1805.
THE subscribers having been duly appointed by the Hon. Silas Lee, Esq. judge of Probate for the county of Lincoln, to receive and examine the claims of the several creditors to the estate of SAMUEL STAPLES late of Topsham, deceased, represented intestate - do hereby give notice, that six months are allowed to bring in and prove their claims - and that we shall attend that service at the Dwelling House of of the widow of the deceased, on the last Monday in February, and the last Monday of the five following months from one to six, P. M. JOHN ROGERS, THOMAS PATTEN. Commissioners. Topsham, Jan. 23. 1805.
MR. PACKARD, respectfully informs the Ladies and Gentlemen of Portland and its vicinity, that the PHILOSOPHICAL and MECHANICAL MUSEUM, will is now for their reception at the Columbian Hall, on
PHILOSOPHY. The Invisible Conqueror - This discovery proves that sound may be reflected like light, and found equally the same the brought to a certain focus there collected and even the smallest whisper conveyed imperceptible to all but the conversant. The celebrated Invisible Lady. The Penetrating Spy Glass, an optical machine, so constructed that any person in the company may plainly see any object before him, although obscured by a solid substance of any thickness.
MECHANISM. The celebrated Writing Figure, represents a boy about five years of age. This piece of machinery, representing life, will write correctly, dotting and crossing the letters i and t. with precision and care. Much has been said of this figure, and the greatest artists, both in Europe and America, allow it to be a masterly piece of work. The Automaton Tumbler. - This wonderful figure will put himself into a variety of attitudes, throwing somersaults, &c. He will also dance a hornpipe. The little Magician, the only one ever exhibited in America. This figure characterizes a foreign philosopher holding in one hand a magic wand, by the seeming virtue of which, he performs many wonders new and striking. Wax Figures as large as Life. Prospero and Callaban, a scene from the Tempest.
Othello and Desdemona. - This scene is taken from Shakespeare's celebrated play Moor of Venice. Othello is represented as meditating the murder of his beautiful wife. The curtains which surround the bed of Desdemona, are supurb, and formerly encircled that of the late Queen of France. The Salem Beauty. - The Female Economist, a lady giving instructions to her daughter.
Sianna prince of Atoui. Calicum, a chief of Nootka Sound. Wyree, a female, a native of Owhyhee. A portrait of Gen. WASHINGTON, supported by two wax figures representing Liberty and Justice. A bust of Bonaparte. A Glass Ship. A Phenomenon in Nature. An Infant preserved in spirits, with two heads, four arms one body, and four legs to be seen in a separate apartment.
The Museum is ornamented with a number of elegant Chinese Paintings. - Hours of exhibition, from 2 till 9 in the evening. - Admittance 50 cents Portland. Feb. 25.

MISCELLANY.
TRIPOLI.
The following is an account of the treatment the Tripolitans and Algerines received from the English under Sir John Narborough, in 1675 and 1677.
"In October, 1674, Sir John Narborough was appointed Commander in chief of a squadron, to be sent to the Mediterranean against the Tripolitans, and other piratical states, who had begun to commit depredations, and to disturb our commerce in those seas; and in March 1675, he put to sea for that purpose. Coming before Tripoli in the dead of the night he manned out his boats, and sent them into port under the conduct of his Lieutenant, Mr. Cloudesly Shovel (afterwards Sir Cloudesly) who, first seized the enemy's guard-boat, went on undiscovers and surprised all the enemy's shipping which lay in port; having burnt and destroyed them, he returned in triumph to the fleet without the loss of a single man. This bold and effectual stroke induced the Tripolitans to conclude a peace with the English Admiral, to which they made all the concessions that were required. They agreed to release all the English captives in their possession, to pay eighty thousand dollars for their ransom, and to grant privileges to the English that no other nation had ever claimed. This expedition being brought to happy issue, Sir John returned to England in 1677."
"The Algerines, not warned by the punishment of their neighbours, began to renew their piratical practices; in consequence of which Sir John was likewise appointed to reduce them to reason. He sailed with a small squadron on the 30th of June, 1677, and had hardly reached his station, when he captured two Algerine ships of war, and liberated two English vessels, which had been taken by them. In March the following year he captured another of their principal ships, and sunk three. In the month of August he burnt in the road of Cercelli, twelve Algerine vessels, loaded with corn, captured two of the remaining ships of war. He then bore for Algiers, which he cannonaded, but not with the success which he expected. In November he took a squadron of Algerine ships, consisting of the Greyhound, the Golden Tiger, the Five Stars, the New Fountain, the Flying Horse, and carried them into Cadiz; after this Sir John returned to England."
HARTFORD, JAN. 16.
A writer in the Virginia Enquirer, states that there is an annual deficit of funds in the treasury of the state of Virginia, commencing about the first day of July, and continued until the first day of October in each year; inasmuch that annually during this period, the soldier, the mechanic and officers of government, are under the hard necessity of sacrificing a third or fourth part of their pay, by selling at discount the auditor's warrants. "In the present state of the treasury (says this writer) how would the expenses of an extra session of the Assembly be defrayed, during the months of July, August and September. —How could the militia be collected and supported to meet an internal enemy, to oppose whom the most prompt measures should be taken; of what avail would the arms which you are making be, unless you can feed, clothe and pay your soldiers?"
TRENTON, JAN. 21.
We observe a false and scandalous charge against Federal Editors, beginning to circulate in the democratic prints. It is, that these Editors have manifested no feeling of admiration in detailing the exploits of our gallant Tars in their operations against Tripoli. This article first appeared in the O'Driscoll paper of Worcester, and in a week or two after, when it was supposed the eulogiums pronounced by the federal papers of Philadelphia were partly forgotten, echoed from the Aurora, and now has made its appearance in the paltry Newark Centinel. The federal papers have ever spoken in the highest terms of our Navy—the officers and crews of which have so often merited the praise of all. The Navy is a Federal Navy—it was built by federal hands; its officers and men were trained in the school of Washington and Adams, and as heretofore, we trust it ever will hereafter, prove itself worthy of such founders. It has no affinity to your dry-dock projectors; it owes nothing to your O'Driscoll Agis, your Calcutta Pole-men, and such "creeping things" as a Newark Centinel!
MARSHALL ON INSURANCE.
JUST published, by DANIEL JOHNSON, price 5 dollars to subscribers, and 6 to non-subscribers and for sale by him, wholesale and retail, at the Portland Book Store.
A TREATISE ON THE LAW OF INSURANCE,
 First, of Marine Insurance.  Second, of Bottomry of Respondentia.  Third, of Insurance upon Lives.  Fourth, of Insurance against Fire. 
By SAMUEL MARSHALL.
Marshall on Insurance, is correctly printed with new type, on good paper, and well bound—Has been subscribed for by the Judges of the Supreme Judicial Court of Massachusetts by the first law Characters and by a large number of respectable Merchants.
An acquaintance with principles of Marine Insurance is of the greatest importance to every commercial man; and from the extension of our commerce, and the spirit of enterprise which characterizes the American Merchant, is every day becoming more important to him, as well as to the Lawyer.
There is scarcely any species of contracts which affords a greater number of questions of doubt and difficulty, than that of Marine Insurance. Yet the principles of the law, applicable to this contract, are in general well defined; but the Policy being usually of the same tenor, and the transactions upon which it is to operate infinitely various and complicated, the conflicting rights of the parties are often to equally balanced, that it is impossible to decide between them without sometimes resorting to very nice distinctions.
To render this work useful to the Merchant, the Author has observed one invariable and uniform rule through the whole. Each case will be found to consist of three distinct parts; the fact—the decision—and the reasons assigned for that decision.
The Merchant will discover from the perusal of this work, that the leading principles which govern contracts of Insurance, lie within a very small compass. Those principles are established; and if well understood, the only difficulty which remains is the application of them to particular cases.
BOOKS AND STATIONARY.
Just received, and for sale by D. JOHNSON, an Additional Assortment of BOOKS and STATIONARY, which, with such as are constantly on hand, for sale, will make the best collection in the place—and which may be bought upon more liberal and advantageous terms than can be purchased in Portland. Feb. 11
To the Honorable Senate and Honorable House of Representatives in General Court Assembled.
HUMBLY shews, the subscriber that he has erected two Bridges across Saco river, between the towns of Pepperell's and Billingsford, which by law of our State he is obliged to keep in good repair, for the accommodation of those citizens who may have occasion to pass and repass the same, that by reason of the great quantities of lumber which come down said river, and the breaking of the booms above said Bridges, he has been greatly injured, and been obliged to expend large sums of money to keep said Bridges in repair, that said Bridges have annually prevented lumber of various kinds to a great amount from going over the falls and out to sea; and whereas doubts have arisen whether he is entitled by the existing law which relates to said river, as to the salvage for preserving the same, he therefore humbly solicits this Honorable Court, that a law may be enacted, giving him such a proportion of said lumber, which may be saved by his bridges aforesaid, to be paid by the owners of said lumber, as will sufficiently indemnify him from all injury which may arise to him by having the lumber injure his bridges aforesaid, as well as for saving the lumber from destruction. And as in duty bound ever pray SETH SPRING.
Commonwealth of Massachusetts.
In Senate, Jan. 25th, 1805.
ON the petition of Seth Spring, praying that he may be authorised to take a reasonable salvage for the stopping and preservation of lumber, by his Bridges over Saco river. Ordered, That the petitioner cause an attested copy of his petition, with this order thereon, to be published in the Portland Gazette, and Eastern Argus, ten day at least, before the sixth Wednesday of the present Session of the General court, that any 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 Jan. 25, 1805. Read and Concurred, H. G. OTIS Speaker.
A True Copy, Attest, WENDELL DAVIS, Clerk of Senate.
United States.—District of Maine.
Feb. 8, 1805.
FOR SALE.
 By J. RICHARDSON,  200 Hhds. Liverpool, Isle May, and Cadiz SALT.  300 Bbls. Me's No. 1, 2, and 3 BEEF.  150 Half Bbls. Me's and No. do. do.  30 Bbls. No. 1 PORK.  10 Casks Souther TEA.  40 Bbls. ROSIN.  5 Pipes GIN entitled to debenture.  4 do. Spanish and Cognac BRANDY.  4 Quarter Casks Madeira WINE.  2 do. Tons PLAISTER PARIS.  Premium given for Spanish Dollars,  At Richardson's Wharf.
Portland, Dec. 17. By ships Nabby and Eliza from Liverpool.
WILLIAM GODDARD.
HAS received a very extensive addition to his former assortment of HARDWARE GOODS, which are for sale at his store, Middle St. by wholesale and retail.
Also a large quantity of Shot; Blacksmith's Anvils and Vices; Brails Kettles, Sheet Lead; Sheet Iron; Red Lead; Sad Irons; English Shovels, and Frying Pans.
A large assortment of Joiner's plains, of almost every description. Likewise—300 Boxes to by 8, 9 by 7, and 8 by 6 Bit tol and Liverpool Crown Window Glass—90 cakes Cut and Wrought Nails, &c. &c. Portland, Oct. 21. (f. f.)
CODMAN & SWAIN,
No. 3, Union-Row, Middle-Street,
HAVE just received an additional assortment of Fresh Seasonable GOODS.
Also—All kinds of West-India Goods and Groceries.
 10 Fagots best German STEEL;  20 Casks Fresh SWEET OIL;  15 Barrels Linseed do.  PAINTS, of all kinds.  Also for Sale as above, and entitled to Debenture on Exportation, 20 Bales INDIA PIECE GOODS, consisting of White Cottons—Blue do.—Printed do.—Chintz—Various kinds of Handkerchiefs, &c. &c.—which they will sell at the Boston price, and on a liberal credit, Feb. 11. 
M c LELLAN & BROWN,
Have for Sale,
A variety of super, common, medium, and low priced Broadcloth; Cassimeres, Ratteens, Coatings, Swansdown, Toilets, Camblets, and Worsted Hosiery.
Together with a General Assortment of
COTTON and SILK GOODS.
Also, Cutlery, Saddlery, Japan'd & Hard Wares which are offered at twelve months credit sum to exceed three hundred Dollars.—Notes with approved endorser or security. Feb. 4, 1805.
TRANSLATION.
MR TURNER, acquaints the Merchants and others who may have documents or instruments requiring translation from the FRENCH, SPANISH, PORTUGUESE, or ITALIAN Languages, that he performs the same as faithfully and as reasonable as it can be done in the United States. Portland, Feb. 11, 1805.
F. PETRIE,
SURGEON DENTIST,
FROM LONDON, begs leave to acquaint the ladies and gentlemen of Portland and its vicinity that he intends to practice (during his stay) at Mrs. Crabtree's. Fidele Street Portland. Feb. 11.
Lincoln & Kennebec Marine Insurance Company.
THE Stockholders of the Lincoln and Kennebec Marine Insurance Company, are hereby notified that their Annual Meeting to elect nine Directors, & to transact such other business as may come before them, will be held at the Office of the Company in Winthrop, on Tuesday the 5th of March next, at 3 of the clock in the afternoon. By order of the Directors, JOHN MERRILL, Jun. Secretary. Winthrop, Feb. 5, 1805.
NOTICE
ALL persons indebted to the late company of LEMUEL BRYANT & Co. whose accounts were destroyed by mutual consent, on the 31st day December, 1804 are hereby requested to call and settle the same with the subscribers who are the surviving partners; and all persons having any demands against said copartnerships will present the same for adjustment as aforesaid. LEMUEL WEEKS, WILLIAM C. WEEKS MARK HARRIS. Portland Feb. 2, 1805.
WANTED,
A Steady capable GIRL to do the work of a small family where there is no Children; one that can be well recommended will meet with encouragement; enquire of the Printer. Jan. 28.
Administrators & Commissioners Notices.
THE subscribers having been duly appointed by the Hon. Judson Pate, of the county of Cumberland, to receive and examine the claims of the several creditors to the estate of, capt. ABEL BRIGGS, late of Portland, in the county aforesaid, mariner, deceased, represented insolvent—do hereby give notice, that the months further time are allowed to bring in and prove their claims; and that we shall attend at service at the dwelling house of Mrs. Sally Hedge, in Portland on the first and last Thursday of February, and on the first and last Thursday, of March and April next, from 2 to 3, o'clock P. M. THOMAS BECK, MARK HARRIS. Portland, Jan. 30, 1805.
WE the subscribers having been appointed by the Hon. Samuel Freeman, Esq. Judge of Probate to examine the claims against the estate of JOSHUA TORREY, late of Portland, in the county of Cumberland, deceased;—We give notice that we will attend the said business at the dwelling house of Zaccheus Lambert, holder, Falmouth, the first Tuesday in February, and five Tuesdays in the five following months from one o'clock to four P. M. JOB KNIGHT, THOMAS WINSLAW. Feb. 4, 1805.
THE subscriber hereby gives public notice to all concerned, that she has been duly appointed and has taken upon herself the trust of an administratrix on the estate of JOSHUA GARDNER, late of Freeport, in the county of Cumberland, mariner, deceased, by giving bond as the law directs—she therefore requests all persons who are indebted to the said deceased's estate, to make immediate payment; and those who have any demands thereon to exhibit the same to her. MARTHA GARDNER. Dated at Freeport, Jan. 10, 1805.
THE subscriber hereby gives public notice to all concerned, that he has been duly appointed and taken upon himself the trust of Guardian to BENJAMIN STONE, of Portland, in the county of Cumberland, a non compos; by giving bond as the law directs; He therefore requests all persons who are indebted to the said non compos' estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to HUGH M c LELLAN. Dated, Jan. 31 1805.
THE subscriber hereby gives public notice to all concerned, that she has been duly appointed and has taken upon herself the trust of administratrix on the estate of JOSHUA TORREY, late of Portland, yeoman deceased; by giving bond as the law directs; she therefore requests all persons who are indebted to the said deceased's estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to her. LYDIA TORREY. Dated, Jan. 24 1805.
THE subscriber hereby gives public notice to all concerned that he has been duly appointed to the trust of Guardian to SAMUEL KIGHT, a non compos, of Portland, in the county of Cumberland, by giving bond as the law directs; he therefore requests all persons who are indebted to the said deceased's estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to him, as no debts will be paid after this date. JOHN M c LELLAN. Dated Feb. 18, 1805.
THE subscriber hereby gives public notice to all concerned, that he has been duly appointed and has taken upon himself the trust of an administrator, de bonis non, on the estate of JAMES LUNT, late of Portland in the county of Cumberland Esq., by giving bond as the law directs; he therefore requests all persons who are indebted to the said deceased's estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to him, as no debts will be paid after this date. BENJAMIN LUNT. Dated Feb. 13, 1805.
THE subscriber is hereby given public notice to all concerned, that he has been duly appointed executor of the estate of WILLIAM SWANTON jun. late of Bath, in the county of Lincoln Gentleman, deceased; and has undertaken that trust by giving bond as the law directs;—All persons therefore, having any demands against the estate of said deceased, are desired to exhibit the same for settlement; and all indebted to said estate, are required to make immediate payment. ELIZABETH SWANTON, Executrix. Dated Feb. 23, 1805.
THE subscriber hereby gives public notice to all concerned, that he has been duly appointed, and has taken upon himself the trust of an administrator on the estate of BENJAMIN MOODY, late of Falmouth in the county of Norfolk, deceased, by giving bond as the law directs; He therefore requests all persons who are indebted to the said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same to JONATHAN MOODY. Dated Feb. 14, 1805.
THE subscriber hereby give public notice to all concerned, and have taken upon himself the trust of an administrator on the estate of JOHN RODUK, late of Harpswell, in the county of Cumberland, deceased; by giving bond as the law directs; He therefore requests all persons who are indebted to the said deceased's estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to MARY RODUK, JOHN RODUK. Dated Feb. 13, 1805.
FOR SALE, a FARM, very pleasantly situated on the post road in Scarborough, containing about 100 acres of land, with good buildings thereon; suitable for a tavern and trade-house, improved as such by the late owner capt. Silas Bartlett; also, 5 acres of All salt water, of a good quality; also, a woon lot about 3 miles distant, containing 20 acres; Terms liberal and possession given immediately. Enquire of the subscriber at Dunbar Landing in Mt. Scambo's. NATHAN TILTON. Feb. 2.