Jenks' Portland gazette (Portland, Me.), 1805-02-11 00:00:00

JENKS' PORTLAND GAZETTE.
No. 43. or Vol. VII.
PORTLAND (MAINE) MONDAY, FEBRUARY 18, 1805.
Whole Number 355.
To the Editor of the Portland Gazette. ELM-TREES, 30th Jan. 1805.
WHEN I first heard that the Judges had made a communication of their sentiments on the judiciary, to the Governor, and that he had laid the same before the Legislature, I waited with anxiety to see them in the papers; but was surprised by hearing their publication was opposed. Rep- a leader of a party in the House of Rep- resentatives, because the transaction, on the part of the Judges, was deemed an unconstitutional interference with the other branches of the government; and my surprise was increased when I was informed that a majority of the House had concurred in a resolution to reject their publication. Possibly I was misinformed on this subject, or I may have overrated the correctness of ideas that actually prevailed in that deliberative assembly, or I might have been incorrect as to my own sentiments on that constitutional question: However, I am still at a loss, and very much puzzled when I attempt to justify the scruples of those who opposed the publication alluded to. The senate reasoned differently from the house, and have given us an opportunity of reading both the letter from the Judges, and the bills accompanying it, containing the outlines of a Judiciary System, which in their opinion, would remedy the evils and inconveniences experienced under the existing and former systems.
The proposed System, & its great leading principles I hope will meet a candid reception among the people, and be examined, without prejudice, in its real operation upon their lives, liberties, and properties. Should this be done fairly, and in such a manner that we can all understand fully how it will in fact, affect us in the foregoing relations, I have no doubt but we shall come to a general conclusion, that the proposed system, or one founded on its great leading principles, will remove the complaints against the present judiciary, ensure a prompt, easy, and cheap mode of administering justice; and preserve all the rights and advantages we have enjoyed under any former system, or, if it removes any of these it will give others, in lieu thereof, more substantial and valuable.
Scientifically considered it can be of very little consequence who originated the system that has been published; whether the judges, the governor, either, or both branches of the legislature, or any private person. The whole publication is nothing more than a mode of addressing the general subject of the judiciary, in a friendly form for examination to our understanding. It is no party question that can well connect itself with pre-existing prejudices of great men, or little men, the learned or unlearned; but equally interesting to all, because it touches all men, and every man in precisely the same point. Nor do I imagine it will be thought an invidious observation to say the subject seems so peculiarly within the view of professional men that few others can be supposed more capable, or better qualified to calculate its future effects than the judges and gentlemen eminent in the profession. There may be, and I really hope there are many distinguished exceptions. The judges who proposed the system under consideration cannot find their interest in recommending an incompetent one; or one that shall prove expensive and embarrassing to the people. As little do I think gentlemen eminent in the profession who have felt the worth of character, and who will always be sought for, on
account of their learning and integrity, let their places of abode be in the capitol or country, are under greater temptations to urge the adoption of an improper system than those of inferior standing at the bar, whose characters as men and citizens are yet less known among the people.
I have been led to these reflections on reading the production of a writer in your paper of the twenty first inst. who seems to condemn the proposed system both in principle and detail; and thinks no plan can probably be devised wholly satisfactory, until the district of Maine be separated from Massachusetts; and until that shall take place he recommends a Court for this district on the general principles of the old system that existed from 1699 to 1800—which tho' not perfect, has less objections, in his opinion than any other contemplated.
At present I have nothing to say on the separation and the reason why the evils of the existing judiciary cannot be remedied as well, and more to the general interest of the people of Massachusetts, as when we are a part of Maine's government. To shall be made a separation in his publication, hazard a few strictures on the grounds that his objections on the old system are not correct and well founded is the object of this, as I think it will appear that the general principles of the proposed system are sufficiently conformable to the practice of other governments, and warrant an experiment of them; and that they are not such a departure from what has passed under our own eyes, as to deserve the name of novel, and dangerous deviations from an established system rendered familiar by practice and venerable by time.
Among the deviations of the proposed system from the old one, this writer notices, with disapprobation, the trial of facts by a jury and one judge, and the trial of law questions at Portland, Boston and Northampton, instead of trying them in each county as heretofore. To give his objections to the new law court all their force, he pronounces a panegyric on the old court, where five judges itinerated once or twice a year into every county, that the advantages of the latter may recommend its restoration in preference to the final establishment of the former, he says this court was certainly respectable; its decisions were not without expedition, certainty, system and general approbation.
It is readily admitted the gentlemen composing the court were learned and truly respectable, and always deserved and possessed the fullest confidence of the people in all their conduct. But their decisions were not, nor could they be so expeditious as those of a court where one judge presides. The practice of the whole court, or a majority of them, as was generally the case, to address the jury, in each cause, and after council had been heard for both parties, necessarily protracted trials to an unreasonable length. The time required for each of the five to possess the facts, necessary for them to form a clear idea of the merits, must be much longer than for one judge who has the sole directing the whole transaction. Nor has the modern departure from that practice been attended with any perceivable evils, to justify a return to it again; while the time gained to the suitors demonstrates the utility of this part of the system over the old. When this writer
says THEIR DECISIONS WERE CERTAIN, I do not know what excellency in particular he intended, to predicate on the old system; because the decisions of all courts as I understand them are CERTAIN. Probably I do not exactly understand him.
As to THEIR SYSTEM, I think very little can be said of it by way of recommendation. Because as far back as my memory carries me, a want of system in their decision, was a subject of complaint. The judges themselves, have acknowledged and lamented that such was the constitution and intermixture of the court and jury, and the press of business so great, in the trials of facts, as to render it impossible for them to preserve any thing like SYSTEM OR LEGAL CORRECTNESS in their decisions. To this want of system, the present confused state of practice, the variant opinions of judges, and lawyers of the oldest standing at the bar, give a confirming testimony. But it must be remembered this want of, or inability to preserve system and conformity, so necessary in the administration of civil and criminal law, was not in the least chargeable to the gentlemen who filled the bench, but flowed as a necessary consequence from the judiciary system itself; and for which the system under consideration professes to afford a remedy. Whether this remedy will be attended with any, and what inconveniences may be the subject of after enquiry. There is no ground to believe the decisions, on jury trials, before the old court of five judges, were more satisfactory to the parties or disinterested spectators than decisions of the district court of the United States, which are held by one judge; or of the state circuits that have been occasionally held by only two, and sometimes by a single justice, of the supreme judicial court. Thence, states of the old system consider the advocate, one, I discover no cause of an important old over the proposed system triumph for the old.
“ A deviation from this system” “ (that is the system that till the year 1800) “ the circuits, which existed perhaps, by in- “ rendered necessary and property, “ crease of population and of much “ has been the ground.” This ap- “ uneasiness and complaint.” This pears to me a misrepresentation and com- writer attributes the uneasiness deviation plaint to a wrong cause, viz. to a that had or change of the judicial system that existed from 1699, to 1800; where com- real cause of all the uneasiness and com- plaints, and of the deviations themselves was that business had so accumulated in this old and venerable court; that in most counties an action could not be brought to trial in less than three or four years, & in no county under two years, from its commencement. This, with all the veneration due to an ancient estab- lishment, and yielding to its advocate all the expedition, certainty, system and appro- bation he pleads to ask for it, was an e- vill not to be endured any longer; nor could the prejudice in its favor suppress the complaints of suitors. It was also an in- creasing evil, for every year brought on the doquets more actions than the court, with all its energies, could try and dis- pose of; nor do I see how that system can be restored without bringing in its train many if not all its old evils.
I do not believe the people have any peculiar attachment to the old system of five judges riding the circuit to attend the simple trial of facts in preference to any other constitutional system that shall try

causes with more promptitude and less expense to the parties. Why should they retain any such foolish attachment? for if they have any, I cannot think it a rational one: Because eighteen years ago, they saw the old system deviated from and two judges were authorized to hold, a circuit in Maine, and no complaint was heard. Again, sixteen years ago the United States created a district court in this part of the commonwealth, held by one judge. This court has the awful power of life and death, with power in common law causes to any amount of property, and in many cases too this judge tries, without the intervention of jury, causes of the greatest importance as to property. The property annually adjudged in this county, I presume greatly exceeds in amount, what is adjudged in the supreme judicial court in any one county in this district, in the same year. There is no appeal from this court in common law causes but by will of error, on bills of exceptions, &c. &c. and those appeals are carried to Boston. No reviews are allowed, or new trials had but by consent and order of the judge. Now if there be any thing real and substantial in this in this supposed attachment in the people to have their acts tried by a court of five judges or any number more than one is it not singular it should never have manifested itself in some of the adjudications in the district court for sixteen years? I hear no complaints of injudicious deviations from ancient establishments; and tho' writs of error lay from this court to Boston, from one to four hundred miles from the doors of the parties, we hear no complaints of the great lawyers getting away the business of small ones; and the country in danger of being ruined because the country lawyers have lost their ambition; which this writer seems to apprehend will be the case if, for the future, certain questions of law rising in different parts of Maine should be heard and decided at Portland instead of the county where the parties live: — But as this is an important objection in the view of the writer I am remarking upon, I will give it a further consideration; and in the mean time subscribe myself your humble servant, ONE OF THE PEOPLE.
Congress of the United States.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, JAN. 16.
The House was informed, that the Senate, in consequence of the absence of the Vice-President of the United States, had appointed Mr. Anderson, President, pro tempore .
The Secretary of war laid two reports on military petitions, before the house, which were read and committed.
The 1805 Appropriation bill was taken up in committee the blanks filled; the bill reported to the House; and ordered to be engrossed.
THURSDAY, JAN. 17.
On motion of Mr. Randolph, an additional item was made to the 1805 Appropriation bill.
On motion of Mr. Claiborne, the house went into committee on a bill for making further provision for the extinguishment of the debts due from the United States; which was agreed, reported to the house, and the bill ordered to be engrossed.
In this bill provision is made for the payment of certain debts which have been liquidated at the Treasury. Several motions to provide for unliquidated claims, were made, and negatived. The duration of the bill is limited to three years.]
FRIDAY, JAN. 18.
A bill for the relief of the sufferers by fire, in New-York, was read twice, and referred.
Sloan moved, a resolution, that after the 4th July, 1805, all blacks, born in the district shall be free, on privizing at a certain age.— After several questions, decided by Yeas and Nays, the resolution was negatived—Yeas 31. Nays 77.
GEORGIA CLAIMS.
Mr. Dana from the committee of claims, made report on the application and representation of sundry citizens of various parts of the United States, purchasers of Georgia Lands;
which was referred to a committee of the whole for Monday, and ordered to be printed with documents. [It was moved, that it be made the order of the day, for the third of March next, which was negatived, only 30 members being in favor of it.]
By the States.
CHARLESTON, S. C. JAN. 7.
Extract of a letter from Columbia, dated the 18th inst.
On Saturday last, Mr. Charles Williamson, Sheriff of this District, (Richland) had his house burnt down; he had moved into it only two days before—with it were burnt six hundred and fifty dollars in bank bills, together with his book containing a memorandum of the notes: all the Sheriff's books, and about one hundred dollars in gold and silver coin, the melted masses of which have been recovered. A little negro girl about eleven or twelve years of age fired it wittingly. One Copeland, who had been committed to goal for passing counterfeit money, and had been detained a year for threatening to kill the Sheriff or burn his house, (but whom Mr. Williamson's lenity suffered to be released the last night, on his own promise only, is strongly suspected as the instigator); he remained in Columbia till Mr. W. removed, and that very day went off. He stayed at Mr. Hall's, to whom the girl's mother belongs, and probably corrupted her. Mr. W. says that eight thousand dollars will not replace him in his former situation.
One Shepherd, for whose apprehension the Governor of North Carolina offered a reward of five hundred dollars, in 1801; being charged with murder of his brother, is now in Columbia goal, and confesses that he accidentally killed his brother.
BOSTON, Feb. 6.
Latest Foreign News. —By the Ontario, arrived at New-York, London prints to 27th November (three days later than before received) have come to hand.
A London paper of Nov. 26th, mentions that the English Ministry had the day before received the very important information, that the Austrian Ambassador at Petersburg had made arrangements for his immediate departure, the Emperors of Austria and France having agreed on the attack and conquest of European Turkey. The King of Prussia, it was said, was hostile to this new plan of aggrandizement. The same paper adds, "Bonaparte has furnished another comment upon the Law of Nations, in the stoppage and high-way robbery of Mr. Wagnstaff, the British Messenger, on his way to Berlin, with dispatches."
Nothing further respecting the Spanish war, or the invasion.
From Spain. —The schr. Mary, Capt. Howe, of Boston, has arrived at N. York, from St. Lucar, which place he left 25th Nov. He informs, that an English squadron was off Cadiz, and that they boarded all vessels bound in or out of the different ports of Spain. After a proclamation had been published, and Te Deum been sung for the restoration of health at Cadiz, the fever had again broken out, and it had become very sickly.—It was still sickly at Cartagena, and at Gibraltar. The Mex. American frigate was lying at Cadiz, 15th Nov.
From Washington, Jan. 24. —The Committee of Ways and Means, of which Mr. Randolph, is Chairman, have unanimously rejected the motion of Dr. Lieb, respecting the deposit of bonds for collection in the Bank of the United States.—Good.
The following Paris article shows how good the "enlightened" Emperor Napoleon is to us Americans.
Paris, Nov. 12. —The American Minister to England, Mr. Monroe, who had the honor of being presented to the Emperor last Sunday, was received in the most gracious manner; and His Majesty condescended to converse with him for a quarter of an hour.]
This Monroe, who is thus loaded with honor, and to whom Bonaparte thus condescends, is the same Monroe, whom Gen. Washington formerly recalled from his embassy to France, because he did not maintain the interests of his country there. Could a better recommendation to Mr. Jefferson be wanted, than Washington's displeasure?
NEWBURYPORT TURNPIKE.
The spirit of enterprise as it relates to public Roads, bids fair to be of great utility.—The following particulars respecting the laudable undertaking
of the Proprietors of the Turnpike Road from Newburyport to Bolton, cannot fail of being acceptable to our readers. The account is communicated by a Correspondent who lately made a tour in that part of the country, and who was so well pleased with the road, that he applied to some of the conductors of the work for certain particulars from which he favored us with the following account.
The first of September, 1800, the old Post Road, from Highstreet, in Newburyport, to Charlestown Bridge, was surveyed, and accurately measured, by Mr. John F. Somersby, and shortly afterwards by General Foster, at the expense of the Beverly and Ipswich Turnpike Company, who made the distance forty two miles and one hundred and thirty seven rods. As a proof of the accuracy of the gentlemen, it may be proper to mention that the result of their measurement differed only ten rods.—The Salem Turnpike has shortened the distance three miles and one hundred rods; so that taking that road, it is only 39 miles 37 rods, from the head of Statestreet, in Newburyport, to Charlestown Bridge; from which, (the Bridge included) it is three hundred and eight rods to the old State house by the way of Prince, Back and Union streets, and up Cornhill, making the sum total, forty miles and one hundred and fifteen rods. The Newburyport Turnpike, as measured by the committee appointed by the court of sessions, is from the head of Statestreet, Newburyport, to the old Malden road, at Rand's Corner, twenty six miles and two hundred and thirty four rods; thence in a direct line to Malden Bridge, is three miles and one hundred and four rods; over said Bridge, by Prison Point, and across the river to Boston's Point, to the Old Statehouse, is two miles and eighty eight rods; which makes the whole distance from Statestreet, Newburyport, to the Old Statehouse, in Boston, only thirty two miles, and one hundred and 66 rods; which is seven miles and two hundred and sixty nine rods less than the present travel, passing over the Salem Turnpike Road.
The Newburyport Turnpike road, is so nearly in a direct line, that, in the first twenty miles, all the angles taken together, increase the distance, only 83 feet. It is astonishing, that, in the first twenty six miles, thirty one public roads, (and many private ones) are crossed by said Turnpike, so nearly at right angles, that it is not five rods across any one; and the Turnpike Road runs nearly central, through the county of Essex, and opens a very convenient communication for a large number of inhabitants, without any expense to them, or emolument to the proprietors.
The Proprietors of this road have already expended upwards of five thousand pounds an. gunpowder, in blowing rocks, and more than fifteen thousand dollars in building bridges.—Many hills they have reduced from two rods five to thirty feet, and raised the walls much; notwithstanding which, they are terminated to make further improvements next Spring, and expect to complete the road before July next.
It is worthy of observation, that this Massachusett straight line from the capital of such a fact, to that of New Hampshire; an attention has been paid to smoothness of surface, that twelve miles on this, may be travelled with as much ease and dispatch, as nine on the old Road.
Berlin.
MONDAY, FEBRUARY 11, 1805.
To READERS.—We are once more compelled for the unpleasant necessity of apologizing to our GAZETTE. the awkward and puny appearance of the paper, we impeded —Storms by sea, and storms by land, equal size and our regular supply of paper, of the quality of matter quality. We shall make up the deficit by issuing Supplements.
"Liberty of the Press" —We regret that the limits of this day's paper will not admit the debates of our state legislature on Mr. Allen's motion, for allowing the press to give as mentioned in our last. We defer the rest of these important debates entire in our next.
"One of the People," on the subject of the judiciary, is duly inserted this day in sized sheets, prepared, and intended for our use, some no further as the subject is interesting, we postpone the occurrence of other apology is necessary for the present.
Many articles are unavoidably deferred for want of room.

From Europe. An arrival at New-York, since London dates to the 6th of Dec. — The most interesting article is, the prospect of immediate war between England and Spain.
Hard Winter. — It is conceded by all who have observed on the season for the last ten years, that the present winter is the most severe experienced in this quarter during that period. It is predicted the depth of snow in this town will vary from four to six feet.
On the evening of the 20th of Jan. last, the Academy in this town was consumed by fire, together with the apparatus belonging to the same, and the house of about 60 students. — This Academy, which has been in operation about 9 years, during which time about 900 students have here received the benefits of an Academic education.
It was the best organized Institution of the kind in the District of Maine, and at the present time only one more is in operation eastward of Portland.
Temporary accommodations, we understand, have been prepared for the students. Ken. Gaz.
U. States Senator. — On Thursday last the House of Representatives made choice of the Hon. TIMOTHY PICKERING, Esq. as Senator from this state in Congress, for six years from the 4th day of March next; and sent to the Senate for concurrence. — Dr. Bullis was the democratic candidate. — The whole number of votes, when the choice was made, was 201, of which Mr. P. had 103, and Mr. E. 99.
The Senate, having non-concurred with the House in the choice of Mr. Learned as Major General of the 9th division, chose Brigadier General Thomas Ives, and the House concurred — votes 96 to 89.
In Senate, an order has been made to inquire into the expediency of exempting from the Poll tax such privates in the militia, as dress themselves in cloth uniform, and completely equip themselves according to law.
Portland Post Office. — Much against our inclination, this subject once more imposes itself upon us; and we have removed some pointed remarks relative to the dismissal of Mr. Prentiss, and the appointment of Mr. Wingate. These remarks we shall at present suppress, as we indulge the hope that the office has fallen into the hands of a gentleman whose opposite sentiments will not interfere with an able and prompt discharge of his duties. Yet, while we thus far feel encouragement from the continuation of the Postmaster General, we regret that no citizen of Portland could be found worthy of being entrusted with the office. Indeed it is a hard case, that when the citizens of the town, by their enterprise and industry, support the office, that they are denied a voice in recommending one who is to conduct it — especially as every thing is at their own risk, and government hazards nothing.
Here our remarks would have ended, had it not been for an unnecessary and impudent falsehood of our antagonist. Their paper asserted that Mr. Wingate was appointed in the room of Mr. Prentiss "reluctantly" — in your paper, gentlemen democrats, is this true? Have any of you the hardihood to say otherwise? Postmaster General. — You cannot be of the opinion — he was DENIED the opportunity for one of Mr. Dearborn's family, and a decent compensation for his misfortune, on your part, should have spared us the necessity of asserting the fact. For we have no disposition to exult over those reduced from public to private stations.
Married. In this town, Mr. John Bartels, to Miss Eliza D. Ede.
In Pepperell, by Rev. Mr. Whitemore, Mr. James Maxwell, to Miss Nancy Randall.
Ship News.
PORT OF PORTLAND. Thursday, Feb. 9. — Arrived Brig Nancy L. Moody, master 28 days from St. Thomas via Vineyard — Left at St. Thomas, Jan. 9. — Ships Nefior, Wippie, of Portland, for Martinico, in 3 days; Eunice, Marshall, of Pepperellboro', for Wilmington, 3 days; Fair Lady, of Bath, for Charleston; Brigs Edward at Charleston, Pettingell of Bath for Norfolk, 10 days; Atlantic, of Bristol (Maine) for Savannah; Schrs Antelope Church, of Hallowell, for Turks Island in 8 days; — Fr. ship Christy at Portsmouth, N. H. — Jan. 7, lat. 31, 25 N long. 78 W (spoke) left Savannah of Boston, 3 days from Wilmington N. C. bound to St. Croix — Jan. 2. — Ditto bound Brig Nancy on her passage from St. Thomas to Boston, formerly of Faguton in this state.
Arrived at Charleston, S. C. — The Bath, of Portland, from Liverpool; the Fame of Wilkesbarre from Cadiz; a brig from St. Thomas, belonging to Biddeford, and bound to N. Carolina, (the latter in the roads); the Preference, Warren, from Angola, with 330 Negroes, in 10 days.
TRANSLATION.
MR TURNER , acquires 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. PEBRIE, SURGEON DENTIST.
From London, begs leave to inform the ladies and gentlemen of Portland and its vicinity that he intends to practice (during his stay) at Mrs. Gann's, Water Street.
COOMAN & SWAN, No. 3, Union-Row, Middle-Street.
HAVE just received an additional assortment of Fresh Seasonable GOODS. West-India Goods and Groceries. 10 Hogs head Old RUM, STEEL, 30 Casks Fresh SWEET OILS, 15 Barrels Lard, &c. PAINS, of all kinds. Apply to See or Send, and ordered by Direction as Export-
the as also INDIA PIECE GOODS , consisting of White, Coloured — Blue, &c. — Printed do. — China — Various kinds of Muslin, &c. — &c. — which they will sell at the Boston price, and on a liberal credit.
Lincoln & Kennebec Marine Insurance Company.
THE Stockholders of the Lincoln and Kennebec Marine Insurance Company, are hereby notified that their Annual Meeting, to elect one President & six Directors, and other business as may come before them, will be held at the Office of the Company in Wilkesbarre, on Tuesday the 5th of March next, at 10 o'clock in the afternoon. By order of the Directors, JOHN MERRILL, Jr. Secretary. Wilkesbarre, Feb. 6, 1805.
NOTICE
THE Standing Committee of the First Social Library, request the Members to return all the Books belonging to the Library, on or before the 1st of March next, to the Bookstore of Thomas Clapp. Per order of the Committee. ROBERT ELLIS, Chairman of the Committee. February 11.
NOTICE
THE connection in business, under the firm of JOHN & RUFUS HORTON, is by mutual consent dissolved. — All persons who are indebted to, or that have any demands on said firm, are desired to call on the subscribers for settlement. JOHN HORTON. RUFUS HORTON. Portland, Feb. 24, 1805.
THE copartnership of LITTLE & REA, is this day dissolved, by mutual consent. — All persons indebted to, or having demands against said firm, are indebted to call on either of us, to qualify to apply to John Little, for settlement. MOSES LITTLE. THOMAS REA. Dover, Feb. 25, 1805.
FOUND.
SOME time since, between Back-cove and the Port, a GOLD RING, — The owner may have it, by applying to MOSES DAVIS. Portland, Feb. 8, 1805.
A BARGAIN!
TO be sold, a farm, Situated in Lewiston, about a quarter of a mile from the river, and on the post road leading from Portland to Hallowell, containing 100 acres of land, a new two story House, Barn, Store, Horse house, an horse shed, and a good well of water. — A desirable situation for an husbandry trader or merchant. Also — twelve acres of excellent Land, for mowing within one mile of the above farm. Also — a farm in New Gloucester, pleasantly situated in Jenks' corner two miles from the meeting-house, containing 100 acres of land, a new two story House, Barn, Store, Horse house, a quarter of an acre of land, barn and buildings, &c. adantageously situated for a merchant or mechanic. And also — two hundred and fifty acres of Land in the county of Hancock, in township No. five, in the seventh range, on the Piscataqua stream or western branch of Penobscot River, very well situated for farms; and of an excellent quality. The above lots will be disposed of, on easy terms for the purchaser. For further particulars, apply to the Subscriber, in Lewiston. WILLIAM HASKELL. Lewiston, Jan. 11.
United States. — District of Maine. Feb. 8, 1805.
NOTICE is hereby given to the creditors of GEORGE PALMER, of Edington in said District of Maine, trader, 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, on Wednesday the 28th day of March 1805, at the Court House in Wilkesbarre, against making and allowing a certificate of discharge; before which time exceptions to such allowances may be exhibited. DAVID SEWALL, Judge of the District court of Maine District.
NOTICE IS HEREBY GIVEN.
TO all those who are indebted to the Subscriber, on book accounts which have been due for a period of six months, or by notes of hand which have been due three months, not paid on or before the 1st day of March next, will be put in suit, without further notice. Wm. McLELLAN, JUN. Portland Feb. 9th. 1805.
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.
ON THE LAW OF INSURANCE,
In four Parts. First, of Marine Insurance. Second, of Insurance of Respondentia. Third, of Insurance upon Lives. Fourth, of Insurance against Fire. BY SAMUEL MARSHALL.
Marshall on Insurance, is correctly printed in new type, on good paper, and well bound. — Has been submitted for by the Justices 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 extensive nature of 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 those of Marine Insurance. Yet the principles of the law, applicable to this contract are in general well defined; but the Policy being a document of the same tenor, and the restrictions upon which it is to operate in various and complicated the conditions, the rights of the parties are often in equally be decided, 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 in 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. These principles are published; and it will be seen that 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 is constantly on hand, for sale, will make the collection in the place — and which may be bought upon more liberal and advantageous terms than can be purchased in Portland. Feb. 11.
HUMBLY shews, the subscriber
He has erected two bridges across the river, between the towns of Pepperellboro' and Nashua, which by law at our being he is obliged to keep in good repair, 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 the river and the breaking of the booms above said bridges, he has been greatly affected, and been obliged to expend large sums of money to keep said bridges in repair, and the bridges have among y prevented number of various accidents a great amount from going over the falls and as he has and who was desirous have an injunction whether he is entitled by the existing law which relates to said river, to the Legislature for preserving the same, he therefore humbly solicits the Honorable Court, that a law may be passed giving him such a proportion of said lumber which would be sold by him be appropriated to be paid by the owners of said lumber, as will sufficiently indemnify him for the injury which may arise to him by having the timber injure his bridges aforesaid as well as for the expense of repairing the same. SETH SPRING.
Commonwealth of Massachusetts.
In Senate, Jan. 25th, 1805. ON the petition of Seth Spring, praying that he may be authorized to take a rational toll for the stopping and preservation of lumber, by hereon, ge- over said river. Ordered, That the petition be referred to a committee, with instructions to prepare a bill for the same, and to report the same to the General Court, at any time after the first Wednesday of March next, at which time the petitioner, or his attorney, may be present, and the said committee 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 COLB P. Speaker. In the House of Representatives Jan. 25, 1805. Read and Concurred, H G OTIS of Senate. A True Copy, Attest. WENDILL DAVIS, Clerk.
FIVE DOLLARS REWARD.
A Fowling piece lost. W as lost, from the sleigh of the subscriber, in this town, on the evening of the 23rd inst. a FRENCH FOWLING PIECE, made by one of the makers name on the lock — remarks, a thumb barrelled, the stock lately cut off to lower pipe, and steel pipes fastened on the barrel, a silver inlayed piece, & a wooden ram-rod. — Whoever may find said piece, and will return the same to the owner, will be entitled to the reward of five dollars, or to such information as that the may be obtained, shall be paid. Portland, Jan. 28, JOSEPH LO

Spitalfield.  Translation of Klopstock's ode to the lake of Zurich.
Written in the year 1750, in his manufactory.  Fair is the majesty of all thy works On the green earth, O mother Nature, fair! But fairer the glad face Enraptured with their view. Come from the vine-banks of the glittering lake— Or—hast thou climb'd the smiling Alps anew— Come on the rostrate tip Of evening's breezy wing. And teach my soul with glee of youth to glow, Sweet joy, like thee—with glee of shouting youths, Or feeling Fanny's laugh.  Behold us far already Uto lay, At whose foot Zurich in the quiet vale Feels her free sons: behind Receding vine-clad hills. Unclouded beam'd the top of Silver Alps; And warmer beat the hearts of gazing youths, And warmer to their fair Companions spoke its glow. And Haller's Doris sang the pride of song; And Hirzel's Daphne, dear to Kleist and Glessner, And we youths sang and felt As each were—Hagadorn.  From the green meadow took us to the cool And shadowy forest which be-owns the life— Then came'st thou, joy, thou can'st Down in full tide to us: Yes, Golden joy, thyself: we felt, we clasp'd it, Best sister of humanity, thyself; With thy dear innocence Accompanied, thyself.  Scant thy inspiring breath, O cheerful Spring, When the meads cradle thee, and thy soft airs Into the hearts of youth, And hearts of virgins glide. Thou mak'st Feeling conqueror. Ah! through thee Miller more tremulous heaves each in-coming breath; With lips sped freed by thee. Young Love unfastening pleads, Tell gleams the wine, when to thy social change Of thought, or heartfelt picture, it invites; And the sure lock up, With dewy roses bound, She's through the bosom bliss and wakes restless, Such as the drunkard knows not, proud resolves Emboldening to despise What e'er the sage disowns.  Delight's thrill's against the panting heart Time's silver voice—and Immortality Is a great thought, well worth The toil of noble men  By dint of song, to live through after times— Often to be by Rapture's thanking tone, By name inu'd aloud, From the mute grave inu'd— To form the pliant heart of sons unborn— To plant thee, Love, thee, holy Virtue, there— Gold beeper, is well worth The toil of noble men— For sweeter, fairer, more delightful th' On a friend's arm to know one's self a friend! Nor is the hour so spent Unworthy Heaven above.  Full of affection in the airy shades Of the dim forest, and with down-cast look Fix'd on the silver wave, I breath'd this pious wish: "O were ye here, who love me though afar, Whom singly scatter'd in our country's lap, In lucky hollow'd hour My seeking bosom found, Here would we build us burs of friendship, here Together dwell forever"—The dim wood A shadowy Temple seem'd; Elysium at the vale
FROM TYRE'S OBSERVATIONS AT PARIS.
"On the rumour that a mob was marching to attack the castle, the wife and daughter of DeLaunay, the governor, left the Bastille early in the morning, and drove to a Restaurateur's on the North Boulevards; were, as they had previously concerted, they were forewarned the earliest intelligence of the repulse of the besiegers, as an event they did not doubt, as the fort
ress was considered as impregnable. They waited the whole day in anxious expectation of the arrival of the messenger, and were lost in thought, when a horrid shout assailed their ears: Eager to inquire the cause, they both hastened to the door, when the first object they beheld was a trunkless head upon a pole. "Whose head is it?" they both vociferated in a breath. "De Launay's," replied a savage-looking fellow, "and could we have found his wife and daughter, our vengeance had been satisfied; but we shall get them, and stick their heads also on a pike." At these words the daughter gave a shriek and fainted in her mother's arms. The wretches who surrounded them, supposing the fit to be the effect of the sight of a ghastly head, still streaming with blood, laughed at her delicacy, and left them.
"On the recovery of her daughter, Madame De Launay, summoned up all fortitude, and perceiving that nothing but a speedy and well-managed flight could preserve their lives, addressed her trembling child in the following words: "We have but one expedient which affords an opportunity to escape—I must leave you—should we be seen together suspicion may be awakened, and one or both may perish. Take this ring—keep it till a person, whom I will send to fetch you, desires you to produce it. If you hear not from me in four and twenty hours, conclude"—She could say no more, but throwing her arms round the neck of her daughter, took an affectionate leave, and, half-distracted, hurried from the house.
"The poor girl remained alone, in a state of torturing suspense, for two whole days and nights, and had begun to mourn the death of both her parents, when, on the third morning, a man entered her apartment, and demanded a light of the ring. She complied. He conducted her to a coach in waiting, and in ten minutes she found herself in the convent of—, and the moment following in the arms of an affectionate mother. Shortly after they left their native country never to return!"
THE subscribers, under the firm of  John P. Thurston & Co. Offer for sale, at No. 4. Central Row, FORE-STREET. 500 bbls fresh Superfine and Fine Flour. 2000 wt. Bacon, in shipping order. 1000 do. Cheese, do. 100 boxes mould and dipt Candles. 50 do. Fresh Mackerel and blooming Halibut. 20 do. Bristol-crown Wi-dow Glass. Boxes Welch's Chocolate. Do. Florence Oil in bottles. 12 cases Linseed Oil. 12 bds. high fourth proof Jamaica and St. Vincens Rum. Pipes fourth proof Cognac and Cettie Brandy, enu'd to d-benture. Do. Holland Gin, do. do. Casks Madeira, Sherry, and Cordoba Wine. Loose Sugar, in Hhds. and car-els. Gunpowder, H. P., Young Hyson, H. P. Skin, and Son Hong Tea, enu'd to debenture. 95 bds. Russia and Raven Duck. 50 bds. Tar. 10 Kegs Pepper. Hhds. brown Sugar. Casks Roll Bimbin. Bags Coffee. Dumb Fish. Crates Assorted Ware. Stone Ware, &c. Also, 100 bbls. Beef, No. 1, and 2.
VESSEL'S STORES put up at the shortest notice and on the most reasonable terms. ALSO, Fishermen supplied on a liberal credit and good terms. DANIEL TUCKER. JOHN P. THURSTON. Portland, Feb. 4. 1805.
I the undersigned hereby give 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 not capable by reason of his being a minor. He therefore requests all persons who are indebted to the said minor to pay their respective debts, to make immediate payment, and those who have any demands thereon, to exhibit the same to HUGH M'LELLAN. Dated, Jan. 22. 1805.
WANTED, TWO Vessels, of about 350 tons burthen each, to load at Portland with Flour for Paris, and carry the same to Philadelphia—for which a generous price to be given—Inquire of JOSEPH M'LELLAN & SON, No. 18, Union Wharf. Who have for sale bales of Georgia Upland Cotton. Feb. 4.
Wanted to Charter, FOR a voyage to the West Indies, a Schooner, burthened about ninety tons.—Inquire at No. 3, Union Wharf. Feb. 22.
M'Leilan & Brown, Have for Sale, A variety of Super, common, medium and low sized Broadcloth; Cashmere, Rattacan, Coatings, Swansdown, Tollens, Comblets, and Worsted Hollers. Together with a General Assortment of COTTON and SILK GOODS. 1/2, Cutlery, Saddlers, Japanned & Hard Ware which are offered at twelve months credit, funded three hundred Dollars—Notes with approved endorsers or security. Feb. 4. 1805. THE Subscriber hereby gives Notice to the Inhabitants of the County of Cumberland, who have the exclusive right of digging of the Patent Ryely Grain-mill, full Covert. Any Person, willing to erect a Grain-mill of the said Construction, within said County, must contract with him for Liberty therefor. And all those who have already erected such within said County, must stand with him, before the said day of May next. WILLIAM STANWOOD. Feb. 4. 1805.
SOUTH-HADLEY CANAL LOTTERY. 7th class. THOMAS CLARK, bps for sale at his Book & Store 5th-Street, Portland. TICKETS 7 Dollars Quarters 1 doll. 75 cent. in the above Lottery which contains upwards of 5000 prizes, from 12 dollars to 1000 dollars, and only 1000 tickets—none in blanks to a print.—The probability of this being the best of a good quality is also, a more lot about 1000 tickets, a remaining 10 series—Terms liberal, and payment immediate—Inquire of the subscriber at Danforth street in said Danforth. NATHAN TILTON.
NOTICE Is hereby given to all those persons indebted to the late company of L. Weeks & Co. which company was dissolved by mutual consent, on the 3rd of 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 the company will present the same for adjustment as aforesaid. ISAAK WEEKS, WILLIAM C. WEEKS. Portland, Feb. 2. 1805.
FOR sale, a FARM, very pleasantly situated on the post road in Danforth containing 100 acres of land, with good buildings thereon; but for a tavern and tavern-keeper, improved as such by late owner Capt. Silas Burrough. 200, 3 acres of salt meadow of a good quality; also, a wood lot about 100 acres, containing 10 series—Terms liberal, and payment immediate—Inquire of the subscriber at Danforth street in said Danforth. NATHAN TILTON.
NOTICE is hereby given to all those who are indebted to the subscriber, and do not pay the first day of May next, their note and accounts to put in full without further notice, and without recourse to law. SETH WINSHIP. Feb. 4. 1805.
THE subscribers having been appointed by the Hon. Samuel Freeman, Esq. Judge of Probate to the last will and testament of the late JOSEPH TORREY, late of Portland, deceased, do hereby give notice to all concerned, that the said Joseph Torrey, by his last will and testament, gave all of his real estate to his daughter, Mary Torrey, to be paid by her at the rate of one hundred dollars per month, from one o'clock until five o'clock, on the 1st and 15th day of each month, during the term of her natural life, and after her death, the said real estate to be sold and the proceeds therefrom to be divided equally between her children, share and share alike, if she has any; if not, then to be divided equally between her next of kin, share and share alike. THOMAS BECK. MARK HARRIS. Feb. 22. 1805.
THE subscribers having been appointed by the Hon. Samuel Freeman, Esq. Judge of Probate to the last will and testament of the late JOSEPH TORREY, late of Portland, deceased, do hereby give notice to all concerned, that the said Joseph Torrey, by his last will and testament, gave all of his real estate to his daughter, Mary Torrey, to be paid by her at the rate of one hundred dollars per month, from one o'clock until five o'clock, on the 1st and 15th day of each month, during the term of her natural life, and after her death, the said real estate to be sold and the proceeds therefrom to be divided equally between her children, share and share alike, if she has any; if not, then to be divided equally between her next of kin, share and share alike. JOSEPH KNIGHT. THOMAS KINSLOW. Feb. 4. 1805.