Jenks's Portland gazette (Portland [Me.]), 1802-03-22 00:00:00

JENKS' PORTLAND GAZETTE.
NUMBER 204.]
MONDAY, MARCH 22, 1802.
[VOLUME IV.]
Laws of Massachusetts.
COMMONWEALTH OF MASSACHUSETTS.
In the year of our Lord one thousand eight hundred and two. An Act to set off the southeast part of Livermore, from said Livermore, to the town of Leeds. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all that part of Livermore, lying on the east side of Amorecoggen river, and to the southward of a line beginning at said river, on the northern boundary of Laurens Leachman's lot, and thence running east, to the eastern boundary of said Livermore, with the inhabitants thereon, be, and the same hereby is set off the same hereby is set off from said Livermore, and annexed to the town of Leeds in the county of Kennebec, and shall hereafter be considered as part of the same.
Provided nevertheless, that the said tract of land, and the inhabitants thereon, so set off, as aforesaid, shall be bound to pay all such taxes as are already assessed, or ordered to be assessed by said town of Livermore, in the same manner as they would have been if this act had not been passed.
In the House of Representatives, Feb. 11, 1802. This bill having had three several readings, passed to be enacted. EDWARD H. ROBBINS, Speaker.
In Senate, Feb. 12, 1802. This bill having had two several readings, passed to be enacted. DAVID COBB, President.
Feb. 12, 1802.—By the Governor approved. CALEB STRONG. A true copy—Attest, JOHN AVERY, Secretary.
COMMONWEALTH OF MASSACHUSETTS.
In the year of our Lord one thousand eight hundred and two. An Act to regulate the Inspection of Pork intended to be exported from this Commonwealth.
Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the first day of April next, no person or persons whatsoever shall ship or export from this Commonwealth, any salted pork, except in barrels or half barrels, of the quality and dimensions herein after provided, and the contents thereof are inspected and packed, and on each of the casks containing the same are branded agreeably to the directions in this act.
Sec. 2. Be it further enacted, That from and after the first day of April next, all Pork packed or repacked, in barrels or half barrels, for exportation, shall be forced and divided by the Inspector or his Deputy, and designated, as follows, Bone Middlings, Noisy Meats Pork, Cargos No. 1, Cargos No. 2, and Refuse Pork ; and in all cases the following parts shall be taken out as refuse, to-wit: heads, ears, brains, tails, feet, and lard. Bone Middlings shall consist of middle pieces taken from hogs well fatted, weighing two hundred and thirty pounds or upwards. Noisy Meats Pork shall consist of all parts of the carcass, well fatted, weighing from one hundred and sixty pounds, to two hundred and thirty pounds, except the head, fore and hind legs, the shoulder joint, lard and refuse pork above mentioned. Cargos No. 1 , shall consist of all parts of hog, well fatted weighing two hundred and twenty pounds or upwards, and each of which shall weigh not less than one hundred and eighty pounds, and to have no more heads, legs, shoulders, or other coarse parts than belong to one carcass, deducting the lard and refuse as above. Cargos No. 2 , shall consist of all parts of one and an half hog well fatted, which shall weigh two hundred pounds, deducting the lard and refuse as above. Cargos No. 3 , also, in half barrels shall consist of pig pork, all parts of one carcass, or not, and not to contain the head or legs of more than one carcass, excluding the lard and refuse as above. Refuse Pork , shall consist of all other kinds of pork of an unmerchanable, but wholesome quality. Barrels filled with pork heads or feet, shall be branded Pork Heads or Feet , as the case may be, and in all cases where the legs of Pork are taken out to Bacon, or for any other purpose, the weight shall not be made up with heads or shoulders, but with other parts of the carcass not less valuable than the legs would be, if they were fatted. And each barrel of pork shall be well fatted with seventy pounds of clean coarse salt, exclusive of a strong pickle. Sec. 3. And be it further enacted, That every barrel or half barrel, in which pork shall be packed, or repacked for exportation, shall be made of good seasoned white oak, or white ash staves & heading, free from any defect. Each barrel shall contain two hundred pounds weight of pork. The barrels shall measure seventeen and one quarter inches between the chimes, and contain not less than thirty one gallons, nor more than thirty one gallons and one half, to be covered three fourths of the length with good oak, ash, birch or walnut hoops, leaving one fourth in the centre.
Sec. 4. And be it further enacted, That all barrels and half barrels of pork packed or repacked for exportation, shall be branded with the first letter of the christian name, and the surname at length, of the Inspector who has inspected the same, with the name of the town where it was inspected, in legible letters, with the addition of MASS. (for Massachusetts;) and every barrel and half barrel of the three first sorts, shall also be branded with the name of the person for whom the pork was packed, and each barrel shall be branded on one of the heads, with the quality of the pork it contains.
Sec. 5. And be it further enacted, That the Inspector General and Deputy Inspectors of beef, appointed or to be appointed by virtue of the Act, entitled, "An Act to regulate the Inspection of beef intended to be exported from this Commonwealth;"—And "An Act in addition to the same;"—And all the rules, certificates, and regulations, for the Inspection of beef, fees, fines, and forfeitures, mentioned in said Acts, and the manner of recovering the same, shall extend to all barrels and half barrels of pork, packed for exportation, agreeably to the directions of this Act.
Sec. 6. And be it further enacted, That no salt pork packed or repacked, after the first day of April next, shall be exported out of this Commonwealth, unless the master or owner of the vessel produces to the Collector, or any other officer, authorized by the laws of the United States, to clear vessels out, a Certificate from the Inspector General, or his Deputy, that the same has been branded and inspected according to the directions in this Act, and each certificate shall express the number of barrels and half barrels of pork of each kind, and the master or owner of every vessel, in which pork is to be exported, on producing said Certificate, shall take and subscribe the following Oath, before the officer authorized as aforesaid.
I, A. B. of the _____ do hereby swear, that according to the best of my knowledge and belief, the Certificate hereto annexed, contains the whole quantity of salted
pork on board the _____ master, and that no salted pork is shipped on board said vessel, for the ship's company, on freight, or on cargo, but what is inspected and branded, according to the law of this Commonwealth. SO HELP ME GOD.
Sec. 7. And be it further enacted, That all former laws, respecting the inspection of pork, be and hereby are repealed. Provided nevertheless, That they shall be considered, as in full force, with regard to all actions and prosecutions, which may be depending for any penalty or forfeiture incurred for the breach of the same.
In the House of Representatives, March 11, 1802. This Bill having had three several readings passed to be enacted. EDWARD H. ROBBINS, Speaker.
In Senate, March 11, 1802. This Bill having had two several readings passed to be enacted. DAVID COBB, President.
March 11, 1802.—By the Governor approved. CALEB STRONG. A true Copy. Attest—JOHN AVERY, Secretary.
From the Newyork Evening Post.
Examination.—NO. VI.
IN answer to the observations in the last number it may perhaps be said that the Message meant nothing more than to condemn the recent multiplication of Federal Courts, and to bring them back to their original organization: considering it as adequate to all the purposes of the Constitution; to all the ends of justice and policy.
Towards forming a right judgment on this subject it may be useful to those who are not familiar with the subject, to state briefly what was the former and what is the present establishment.
The former consisted of one Supreme Court with six judges, who, twice a year made the court of the United States, distributed into three circuits for the trial of causes arising in the respective district of each circuit; and of fifteen District Courts, each having a single judge. The present consists of one Supreme Court with the like number of judges, to be reduced on the first vacancy happening, to five, or six circuit Courts, having three distinct judges each, excepting one circuit which has only a single circuit judge; and of twenty-two District Courts with a judge for each as before: In both plans the Supreme Court is to hold two terms at the seat of government, and circuit Courts to be held twice a year in each district. The material difference in the two plans as it respects the organs by which they are executed is reducible to the creation of twenty-three additional Judges; sixteen for the six circuit Courts, seven for the superadded district courts, and the addition of the necessary clerks, marshals, and subordinate officers of seven Courts. This shews at a single view that the difference of expense as applied to the U. States is of trifling consideration.
But here an enquiry naturally presents itself; why was the latter plan substituted to the former and more economical one? The solution is easy and satisfactory. The first was inadequate to its object, and incapable of being carried into execution.—The extent of the United States is manifestly too large for the due attendance of the six judges in the circuit Courts. The immense journeys they were obliged to perform, keep them from their families for several weeks five months in every year; his rendered the office a grievous burden, and had a strong tendency to banish or exclude men of the best talents and characters, from these important stations. It is known to have been no light inducement with one Chief Justice, whose health was delicate, to quit that office for another attended with less bodily fatigue; and it is well understood that other important members of the Supreme Court were prepared to resign their situations, if there had not been some alteration of the kind which has taken place. It was also no uncommon circumstance for temporary interruptions in the health of particular Judges, of whom only one was attached to a circuit, to occasion a failure in the sessions of the Courts, to the no small disappointment, vexation and loss of the suitor. At any rate the necessity of visiting, within a given time, the numerous parts of an extensive circuit, unavoidably rendered the sessions of each Court so short, that where suits were in any degree multiplied, or intricate, there was no time to get through the business with due deliberation. Besides all this, the incessant fatigues of the Judges of the Supreme Court, and their long and frequent absences from home, prevented that continued attention to their studies, which even the most learned will confess to be necessary for those, entrusted in the last resort, with questions frequently novel, always of magnitude, affecting not only the property of individuals, but the rights of foreign nations, and the constitution of the country.
For these reasons it became necessary either to renounce the circuit Courts, or to constitute them differently: the latter was preferred. The United States were divided into six circuits, with a proper number of Judges to preside over each. No man of discernment will pretend that the number of circuits is too great. Surely three States forming an area of territory equal to that possessed by some of the first powers of Europe, must afford a quantity of business fully sufficient to employ three Judges on a circuit, twice a year, and certainly not less than this will suffice for the dispatch of business, whether the number of causes be small or great. The inconsiderable addition made to the num-
ber of the District Courts will hardly excite criticism, and does not, therefore, claim a particular discussion, nor will their necessity be generally questioned. They are almost continually occupied with revenue, and admiralty causes; besides the great employment collaterally given to the Judges, in the execution of the Bankrupt Act, which probably must encrease instead of being diminished.
Perhaps it may be contended, that the circuit Courts ought to be abolished altogether, and the business for which they are designed, left to the State Courts with a right of appeal to the Supreme Courts of the United States. Indeed, it is probably that this was the true design of the intimation in the Message. A disposition to magnify the importance of the particular States, in derogation from that of the United States, is a feature in that communication, not to be mistaken. But to such a scheme there are insuperable objections. The right of appeal is by no means equal to the right of applying, in the first instance, to a Tribunal agreeable to the suitor. The de fideratum is to have impartial justice, at a moderate expense, administered "promptly and without delay"; not to be obliged to seek it through the long and tedious and expensive process of an appeal. It is true, that in causes of sufficient magnitude, an appeal ought to be open; which includes the possibility of going through that process; but when the Courts of original jurisdiction are so constituted as not only to deserve but to inspire confidence, appeals, from the inevitable inconvenience attached to them, are exceptions to the general rule of redress; where the contrary is the situation, they become the general rule itself. Appeals then become multiplied to a pernicious extent; while the difficulties to which they are liable, operate in numerous instances as a preventive of justice, because they fall with most weight on the least wealthy suitor. It is to be remembered that the case in which the federal Courts would be preferred, are those, where there would exist some distrust of the State Courts; and this distrust would be a fruitful source of appeals. To say that there could be no good cause for this distrust, and that the danger of it is imaginary, is to be wiser than experience, and wiser than the constitution. The first officer of the Government, when speaking in his official capacity, has no right to attempt to be thus wise. His duty exacts of him that he should respectfully acquiesce in the ideas of that instrument under which he is appointed.
The plan would be invidious, perhaps injurious; safe it would be easy to shew, that however great the confidence to which the tribunals in some of the States are entitled, there is just cause for suspicion as to those of others; and that in respect to a still greater number, it would be inexpedient to delegate to them the care of interests which are specially and properly confided to the Government of the United States.
The plan of using the State Courts as substitutes for the Circuit Courts of the Union, is objectionable in another view. The citizens of the United States have a right to expect from those who administer our Government, the efficacious enjoyment of those privileges as suitors for which the constitution has provided. To return them round, therefore, from the enjoyment of those privileges, in originating their appeal, in a great degree to defeat the object contemplated.—This is a consideration of much real weight, especially to the merchants in our Commercial states.
In the investigation of our subject, it is not to be forgotten, that the right to employ the agency of the State Courts for executing the laws of the Union, is liable to question, and has in fact been seriously questioned. This circumstance renders it more indispensable, that the permanent organization of the Federal Judiciary should be adapted to the prompt and vigorous execution of those laws.
The right of Congress to discontinue judges, once appointed, by the abrogation of the Courts for which they were appointed, especially as it relates to their emoluments, offers matter for a very nice discussion, but which shall now be but superficially touched.
On the one head it is not easy to maintain that Congress cannot abolish Courts, which having been once instituted, are found in practice to be inconvenient and unnecessary. On the other, if it may be done, so as to include the annihilation of existing Judges, it is evident that the measure may be used to defeat that clause of the Constitution which renders the duration and the emoluments of the judicial office coextensive with the good behaviour of the officer, an object essential to the independence of the Judges, the security of the citizen, and the preservation of the government.
As a medium which may reconcile opposite ideas and obviate opposite inconveniences, it would perhaps, be the best and safest practical construction to say, that though Congress may abolish the Courts, yet shall the actual Judges retain their character and their emoluments with the authorities of office, so far as they can be exercised elsewhere than in the courts. For this construction precedent exists in the last arrangement of the Judiciary. Though the number of the Judges of the Supreme Court is reduced from six to five, yet the actual reduction is wisely deferred
to the happening of a vacancy. The expence of continuing the salaries of the existing incumbents cannot prudently, be put in competition with the advantage of guarding from invasion one of the most precious provisions in the Constitution. Nor ought it to be without its weight that this modification will best comport, with good faith on the part of Government, towards those who had been invited to accept offices, not to be held by an uncertain tenure, but during good behaviour.
Weighing maturely all the very important and very delicate considerations, which appertain to the subject, would a wise or prudent statesman hazard the consequences of immediately unmaking at one session, Courts and Judges, which had only been called into being at the one preceding? Delectable indeed must be the work of disorganization to a mind which can thus rashly advance in its prosecution! Infatuated mult that people be, who do not open their eyes to projects so intemperate—so mischievous! Who does not see what is the ultimate object "Delenda est Carthago"—ill fated Constitution, which Americans had fondly hoped would continue for ages, the guardian of public liberty, the source of national prosperity!
LUCIUS CRASSUS.
EXPORTS.
A summary of the Value and Destination of the EXPORTS of the United States, agreeably to the statement of the Exports from the 1st of October, 1800, to the 30th of September, 1801. Arranged according to their importance. Dollars.   Great Britain, and dominions, 48,132,032  Spain, and do. 23,610,816  France, and do. 11,261,751  Hamburg, Bremen, &c. 10,463,738  United Netherlands and dominions, 6,922,372  Italy, 2,090,439  Portugal and dominions, 1,718,759  Denmark and do. 1,581,186  China and East-Indies, generally, 1,374,506  West-Indies, do. 378,932  Africa, do. 367,705  N. W. Coast of America, 343,338  Europe, generally, 278,158  Sweden, and dominions, 232,208  Prussia, 120,283  Morocco, 88,740  Imperial Ports, 52,459  Russia, 9,136  Total Dollars, 93,020,513 
A Summary of the Value of the Exports from each State. Dollars.   From Newyork, 19,851,136  Pennsylvania, 17,438,195  Massachusetts, 14,870,556  South Carolina, 14,304,045  Maryland, 12,834,542  Virginia, 6,483,028  Rhode Island, 1,832,773  Georgia, 1,755,939  Connecticut, 1,446,216  North Carolina, 874,884  Delaware, 662,042  Newhampshire, 553,055  Vermont, 57,207  Tennessee, 29,430  Newjersey, 25,406  Dollars— 93,020,513 
JOSEPH NOURSE, Register.
Treasury Department, Register's Office, Feb. 10, 1802.
Foreign Articles.
LONDON, DEC. 37.
The Paris Journals, countenance the report some time in circulation, that a scarcity of bread exists in that city. One of the papers manifestly as an apology, says, the overflowing of the waters has interrupted the regular supply of grain; and at a grand dinner, to more than 100 persons, given by the Chief Consul, brown bread was used. This is boasted of in the news papers, apparently with the design of holding it forth as an example for imitation. This brown bread is nearly as dear as the present bread of London; and every circumstance considered, the difference of the value of money in the two cities, is a good deal dearer. All parties in Paris are said, in private accounts, to be much dissatisfied with Bonaparte's reserve and seclusion. This dinner was perhaps, given to please the politicians. A public levee has also been held, probably for the same purpose.
Indeed, if the reports in circulation be true, Bonaparte has much cause of uneasiness. Parties are discontented at his increasing power and his taciturnity; he is only supported by those who wish for tranquility (always a great majority) of the military, and by the politicians forming his own immediate party. It is very confidently said, that he designed at the set of the 8th ult. to have assumed new authority, to have made some new stretch of power, but unfavorable occurrences prevented him from putting his plan into execution. One of these we presume to be the conduct of his favorite, gen. Lafae. This officer is a violent jacobin; and his disgrace is attributed, in the first instance,

to the freedom of which he spoke of Bonaparte's proceedings, respecting the concordat, the return of the emigrants, and the aristocratical form of his government. The chief Consul, whose life Laines saved twice, was wont to call him the bravest of the brave, and granted him every object of his wishes. But Portalis, Talleyrand, and others, have represented him in such a light to Bonaparte, that he has been dismissed from the consular guard, and it is reported he will be impeached for delapidating its military chest.
Some of the republican generals who envied and hated Laines when he enjoyed the chief Consul's favour, and lived in all the glitter and splendor of an eastern prince, now receive him with open arms. It was even reported yesterday, that Laines, after a dinner, with five or six other jacobin officers, to unite their efforts in preventing the chief consul from assuming supreme power, and to restore the republican form of government; adding, that if the sovereignty is to be vested in one man, the legitimate king, should be preferred to a stranger. Soon after this transaction, Laines was arrested and sent to the Temple, on the accuracy of which we give no pledge.
Gen. Melfena, a decided jacobin, is to be sent into exile, as ambassador to Constantinople.
Among other intrigues reported in Paris, is one by which Bonaparte may have children. Indeed, by every account, the chief Consul finds more difficulty in managing parties at home, than he did in conducting the war. It may yet prove that peace is the most effectual way of making war against his power. The Paris journals say, the Pope is to meet him at Lyons. His holiness may probably assist the chief Consul in his difficulties.
From the Washington Federalist—March 3.
FAREWELL, A LONG FAREWELL TO ALL OUR GREATNESS!
THE fatal Bill has passed—the constitution is no more. After Mr. Dana, Mr. Plater and Mr. Talmadge spoke against the bill, on Monday evening, several motions were made for the committee to rise, and pressed in earnest terms by Mr. A. Fuller, Mr. Bayard and Mr. Griswold, and opposed by Mr. Chaiborne and Mr. Dawson. At about 11 o'clock, the question was taken for striking out the first section of the bill, and negatived; the votes standing 31 in favor of striking out, and 60 against it. The yeas and nays will be given, and the nays often, often republished.
When all the speeches on the federal side shall be published, we dare assert that there will not be a single candid intelligent mind that will not be convinced both of the inexpediency and unconstitutionality of the bill. What other acts, urged by the intoxication of power and the fury of party rage, are yet to mark this session, we cannot yet determine. One thing is, however, morally certain, namely, that the bill will be sufficient to open the eyes of the people, and to convert them from their late political delusion: but we fear their eyes will be opened when too late when it will be impossible to restore the constitution.
Added to others, there is one violation of the constitution, 'open, gross, palpable.' The constitution says the salary of no judge shall be diminished while in office. By this bill, the judges of Kentucky and Tennessee are curtailed in their salaries FIVE HUNDRED DOLLARS each.
The judges will continue to hold their courts as if the bill had not passed. 'Tis their solemn duty to do it; their country, all that is dear and valuable, call on them to do it. By the judges, this bill will be declared null and void: the country will then be divided into two sects only, those who hold to the independency of the judges and to the constitution, and those who hold the sovereignty of Virginia, and the usefulness of any general constitution. We say sovereignty of Virginia, because that state now wields the rod of empire: not the talents, the learning, the wealth, virtue and worth of that state, but the scum that political madness has thrown on the surface: the demagogues that have stolen the people's short lived confidence.
And now we would ask the mighty victors, what is your triumph? You have wreaked your vengeance on sixteen judges, and in doing it have destroyed the best constitution that ever was formed, and one carrying with it the seeds of its own perfection. What is the triumph of the President? He has gratified his malice towards the judges, but he has drawn a tear into the eye of every thoughtful patriot—he has lost many very many of his best friends—he has done no good, but has laid the foundation of infinite mischief. Let us ask those who favored the bill, to turn to their own hearts, and examine their own sensations. What are they? Are their feelings agreeable? Have they the consciousness of having acted meritoriously? Of having had no other view than the public good? Or do they not feel as he felt who at last gained a victory over innocence in paradise? Do they not feel the guilty pleasure of having gratified their party vengeance, and ready nobly to exclaim, what, though a constitution is destroyed, and an empire's peace and prosperity forever checked; we have gained a victory over sixteen enemies.
It has been suggested, we think with very considerable probability, that it was the determination of the party to take this step, to bring about a general dissolution of the union. Virginia, as the government now is, will not be content without holding in hand the reins of the general government; New-England will never
submit to be a colony of Virginia: the Virginian demagogues aware of this, are not unwilling to be disconnected from the northern States. Indeed some have gone so far as to say, that the manners, habits, customs, principles and ways of thinking, are so different in the southern and northern states, that, if an amicable dissolution could take place, it would be for the peace and general advantage of the whole. But from the moment such dissolution takes place, may we date the rapid progress of America to a state of incivilization. In all human probability we cannot exist as a nation without a general government. Once divided into two, we shall soon be into twenty clashing sovereignties, continually at war with each other. Nor do we imagine that the best informed citizens of the southern states with such disunion. They are sensible how great is their danger from their slaves, and how easy it might be for the northern people to subjugate them by means of the slaves. Far, far distant be the day when these injured slaves shall practise on those empty declarations of EQUAL RIGHTS, which yet exist but in the ory among masters; may the time never come when these slaves rise against their masters; but the possibility that such time may come, ought to teach the southern states that to them union is far more necessary than to the people of New-England, for should there ever be a spirit of general insurrection among the blacks, that spirit will rage uncontrolled in the blood of the whites till quelled by the people of the northern states. These are not unbounded suggestions; nothing but a signal interposition of Providence prevented, eighteen months since, the total destruction of the city of Richmond, and murder of its white inhabitants: and when the devastation and bloodshed would have ended heaven only knows.
The House were on Tuesday mostly engaged in attempting to make amendments to the bill, but all attempts failed: though the absolute necessity of such amendments were apparent, and were acknowledged by the Democrats. Their plea was, that such amendments might be brought forward in a supplementary bill. On the proposed amendment, continuing the salaries of the judges of Kentucky and Tennessee, and in one instance at least, save a direct infraction of the constitution, Mr. Eustis and Mr. Davis voted for the amendment, but it was lost. Thus men violate the plain dictates of their consciences and their oaths, (we say not intentionally) and expect to atone in part by a supplementary bill.
The bill having passed to a third reading for Wednesday, may be considered as irrevocably passed.
Should Mr. Breckenridge now bring forward a resolution to repeal the law establishing the supreme court of the U. States, we should only consider it a part of the system intended to be pursued. It can as well be done, as consistently with the constitution, as what has been done. It may seem too bold for this session, but the democrats having established the principle that there is no such thing as breaking the constitution, do what you will, we sincerely expect it will be done next session, should we have another session under the present remnant of our constitution. They can then repeal the law establishing that court, having caution not to have the repeal operate till the new law commences; then the old judges cease of course with the old law, the executive appoints new judges for the new law; and still they will comply with the constitution, which says, there shall be one supreme court, to make it quite nothing, they'll perhaps have but one judge. Such is democracy.
House of Representatives,
WEDNESDAY, MARCH 3.
The Judiciary Bill being read, Mr. Lowndes moved its postponement to December next.—After a long debate, this motion also, was negatived 59 to 32.
The main question, shall this bill pass? was then taken by Yeas and Nays:
Yeas. —Messrs. Alston, Archer, Bacon, Bailey, Bishop, Brent, Brown, Butler, Cabell, Claiborne, Clay, Clopton, Condit, Cutts, Davis, Dawsou, Dickson, Elmendorf, Elmer, Fowler, Giles, Gray, Gregg, J. Heister, Helms, Hoge, Holland, Holmes, Jackson, Johnson, Jones, Leib, Milledge, Mitchell, Moore, Mott, New, Newton, Nicholson, Randolph, Smith, J. Smith of N. Y. J. Smith of Vir. Jos. Smith, S. Smith, Southard, Stanford, Stanton, Stewart, Taliaferro, Thomas, Thompson, A. Trigg, J. Trigg, Van Cortlandt, Van Ness, Varnum, Van Horn, R. Williams—59.
Nays. —Messrs. Boudé, Campbell, Cutler, Dana, Davenport, Dennis, Eustis, Foster, Goddard, Griswold, Grove, Hastings, Hemphill, Henderson, Hill, Huger, Lowndes, L. R. Morris, Pierce, Plater, Read, Rutledge, Stanley, Talmadge, Tenney, Tillinghast, Upham, Van Rensselaer, Wadsworth, Walker, L. Williams, Wood—32.
On the question on the passage of the bill was not taken until five o'clock. General Shepard, Gen. Mattoon, Mr. Bayard and Mr. John C. Smith, were prevented by sickness, from attending—Messrs. Stratton, T. Morris, and E. Perkins had leave of absence some time past, and were not in the city—Had they been present, the Nays would have been 39.
THURSDAY, MARCH 4.
The House went into committee of the whole on the Naturalization Bill; in which progress was made.
West-India Intelligence.
LIBERTY—EQUALITY.
PROCLAMATION.
On board of the Ocean , off the Cape, the 15th Pluviose 10th year of French Republic, (16th Feb. 1802.)
LE CLERC, General in Chief of the Army of St. Domingo, Captain General of the Colony, to the Inhabitants of St. Domingo.
Inhabitants of St. Domingo!
READ the Proclamation of the First Consul of the Republic. It assures to the blacks, that liberty for which they have so long fought—to commerce and to agriculture, that prosperity, without which there can be no colonies. His promises will be faithfully fulfilled—to doubt it would be a crime.
The General in Chief, Captain General LE CLERC. By order of the General in Chief, Captain General LENOIR.
Extract from the Register of the Deliberations of the Consuls of the Republic.
Paris, the 17th Brumaire , 10th year of the French Republic, one and indivisible (18th Nov. 1801.)
PROCLAMATION.
The Consuls of the Republic, to the Inhabitants of St. Domingo
Inhabitants of St. Domingo!
Whatever may be your origin and your color, ye are all Frenchmen, ye are all FREE and are all equal before GOD and the REPUBLIC.
France, like St. Domingo, has been a prey to factions, and torn by civil and foreign wars. But all is changed. Every people have embraced Frenchmen, and have sworn to them peace and friendship!—All Frenchmen have likewise embraced each other, and have sworn to be all friends and brothers.—Come ye also and embrace Frenchmen, and rejoice to see again your friends and brothers of Europe.
The government sends you the Captain General Le Clerc; he carries with him great forces to protect you against your enemies and the enemies of the Republic. If it should be told you that these forces are intended to tear from you your liberty—Answer: The Republic has given us liberty—The Republic will not suffer that it should be taken from us.
Rally round the Captain General—he restores you abundance and peace. Rally round him—he who shall dare to separate himself from the Captain General will be a traitor to his country, and the vengeance of the Republic shall devour him as the fire devours your dried canes.
GIVEN at Paris, in the Palace of Government, the 17th Brumaire , 10th year of the French Republic. (Signed) BONAPARTE. By the First Consul, (Signed) H. B. MARET, Secretary of State. A true Copy, LE CLERC, Captain General.
FRENCH REPUBLIC. LIBERTY—EQUALITY. PROCLAMATION.
On board of the Admiral's Ship, Le Foudroyant, Port Republicain , the 14th Pluviose , 10th year of the French Republic, one and indivisible (Feb. 4, 1801.)
The General of Division, BOUDET, to the Inhabitants of the South part of St. Domingo
The general peace which the Republic has conquered, permits the French Government to extend to their colonies, the fruit of its long solicitude.
The First Consul, Bonaparte, who has established the fate of Europe, and more especially the prosperity of France, now turns his attention to this Island; and your happiness is still to be his work.
Formidable forces, of land and sea, are directed towards your Island.—The spirit which animates them is that of peace and friendship.—The proclamation of government furnishes you with the assurance of it, and as its organ, I am happy to confirm it.
Bonaparte, in giving you for a Captain General, a companion of his glory, a general of his army, in short, his brother in law, proves to you the importance he attaches to restoring to you your former splendor. The Captain General already possesses the Cape, at the head of three divisions of his army. I come myself, in his name and in concert with Admiral Latouche Treville, into this quarter to fulfill his orders and second his wishes.—Every thing assures me that I shall find a co operator in every citizen—such is my confidence in you, and you will not disappoint it. An inviolable respect for persons and property—such to you is the vow of Government. An entire submission to the laws of the Republic—such is her will, which I communicate to you—such also is mine.—The present proclamation, that of the Captain General and of the Government, shall be published and posted up at the sound of the trumpet, and addressed to the Curates of every parish, to be read to their parishes.
(Signed) BOUDET, General of Division. By order, (Signed) PAMPHILE LA CROIX, Adjutant, Commandant in Chief of the Staff. True copy, C. ULON, Sec'y Municipal Administration.
By the Mail.
CONFLAGRATION OF THE CAPE. BALTIMORE, MARCH 4.
Arrived last evening, Capt. Rogers, of the schr. Nelly, from Cape Francois, which he left on the 14th February. The news by Captain Rogers is most distressing, both on account of the American property which has been destroyed at the Cape, and the scenes of horror and bloodshed which have and will take place.
It appears that a division of the French fleet, consisting of fourteen sail of ships of the line, and 11 other ships of war, with about 20,000 men, arrived off the Cape, on the 3d of February, when negotiations were entered into by the commandants on each side, as to the terms on which the one party were to be permitted to land, and the tenure on which the other was to
hold their liberty and property. During those negotiations, General Leclerc refused to recognize any such character as Governor in the blacks, whose sanction, it is pretended by the blacks, was wanting to permit him to land. This impolitic step immediately roused the suspicions of the negroes, who peremptorily forbade him to land, and threatened, if force were used, to repel it by force—to fire the town and murder the whites. On the evening of the following day, one of the ships hove in near shore, and was fired on by the battery with red hot shot: which was at the same time the signal for the conflagration of the town. Fire and fagots lighted up the flames in many parts at the same time, and the place during the night, exhibited a scene of horror and destruction beyond the power of description, and equalled only by the dreadful fate it experienced in the year '92. Many massacres took place, and the brutal rage of the negroes spared neither age nor sex, not of their own color, excepted Americans, only one of whom (Mr. Lancaster of Charleston) was killed. With one hand the black demons of slaughter, were seen holding up the writhing infant, and hacking off its limbs with the sword in the other. Those that escaped the sword were preserved to witness more horrid sensations, being dragged by the negroes, (who evacuated the town during the fire and after the demolition of the forts) to their strong places in the mountains, to serve as hostages, or to glut their fury. On the morning of the 5th, of 2000 houses 59 only had escaped the ravages of the flames, and the tenants, except a wretched few on board the American shipping, were no where to be seen. Sugars and other property either rolling in liquid fire along the streets, or mounted in cloudy volumes to the skies. All the plantations of the extensive and once flourishing plain around the Cape, for many miles exhibited the same appearance. Port de Pair, was also consumed, and every town in the Island, except Port Dauphin, it was expected, would share a similar fate with the Cape. Port Dauphin, had been preserved by another division of the fleet taking possession of it after a short resistance.—Four divisions having arrived at different points of the island about the same time. Besides the two mentioned, one had gone into the bite of Leogane.
After the total evacuation of the blacks, the French shipping hauled into the harbour, and took possession of the town and forts.—Capt. Rogers was permitted to sail on the 14th with dispatches, we learn; but all other Americans were still detained.
It was not known where Toussaint was during the conflagration, but he was supposed to have been at the Cape, in company with the hand of destruction. He is now at the head of his army in the mountains, in a place strong by nature, and which he had for some time been fortifying and rendering impregnable by art. To this strong post, he has retired with his treasury, and his myrmidons; and from it will make his murderous excursions, and harry his assailants. Rigaud, his old and implacable rival, was with his enemies, and much was expected from his knowledge of the island, and his influence with the inhabitants of the south.
From Toussaint's having completely equipped and accoutered all his men, and put them into splendid regiments the very day the fleet appeared off the Cape, there is no doubt but his arrangements had been long before, to make a stand against the troops sent from the mother country; and that his general orders to his officers were, to burn the towns on the coast on the appearance of the different squadrons, and to retire to the mountains, with the whites, and all the treasures and military stores they could carry off. Two other considerations conduce to this opinion:—No. advices had been sent him by Bonaparte, announcing the peace of Europe—nor any commissioners to assure to him and his blacks, that their liberty, their property, and their political consequence, as the recompence for their valor in preserving the island from the British, should be respected: on the contrary, the messengers chosen by the consul to announce those tidings were the flower of the fleets of France and Spain, and 40,000 of the veteran, conquerors of Italy—suspicious ministers of peace, it must be confessed! These were to tell Toussaint that they came as friends, to secure the safety of the island from all external danger, and to guarantee their freedom: But this wary Negro, it seems, could reply, that if there be peace between you and England, what need of such a force now? Why not have sent them when the storm of war from without and within beat upon us? Was it that you found us able to protect ourselves, and defend the island from all its enemies?—Toussaint's late proclamation is also a proof that he suspected the intentions of France, and that an appeal to the God of Battles, must be the inevitable result, if an armament should be sent to the island.—The object of this instrument was to repel all alarms—to punish those who dared to lay that an army would be transported to the island—and to prevent the spirit of his troops from being broken by rumours of the preparations, of the forces, and of the measures of France directed against the colony: But it at the same time declared, that if such calumnious reports should be verified by facts, that then "I dread not man; I fear God only. If death must ensue, I shall die like a soldier of honor"—on the field of battle. On the most cursory reading of this proclamation, published in this Gazette of 6th ult. no one could for a moment be ignorant of the steps that would be taken, on the first appearance of a military force from France. The policy of the first consul has been unaccountably blind in this instance; but it is the

fortune of the conqueror to soar above his own greatness, and to overlook all obstacles to the attainment of his ambitious ends. We are not sufficiently acquainted with the resources or difficulties which the mountainous parts of St. Domingo afford, either for foraging an army or the choice of military posts, to speak of the duration or successful event of the war; but we are much mistaken in the prudence and valor of the black general, as well as the discipline and congeniality of his men to the climate, if it do not cost much treasure, many years of toil, and many lives, before the island can be again brought to a state of subjection and obedience to France.
NEWYORK, MARCH 10. We learn that by the unfortunate destruction of the College at Princeton, The College Library, with the Libraries of two literary Societies, the Orrery of Rittenhouse, the furniture, books and clothing of at least half the students, were lost. Three thousand dollars were subscribed at Princeton, for the purpose of erecting a new building, on the afternoon of the conflagration.
Portland, MONDAY, MARCH 22, 1802.
Late from the WEST INDIES. Captain Thatcher, who arrived at Boston on Wednesday last, in 26 days from Port Republic, informs, that the French were in quiet possession of that place; that they had marched some distance into the country, and that the blacks were daily coming in and surrendering themselves to their authority. A considerable party of the blacks had been surprised & all of them killed or taken prisoners; among the latter was found considerable quantities of money. Capt. T. also informs, that an additional armament had arrived at the Cape—that the letters from thence confirm the destruction of the town, but make no mention whatever of any massacre of the white inhabitants. A Proclamation had been issued by Toussaint, wherein he offered to accommodate all differences by being recognized as Chief of the South part of the Island, leaving the North entirely free to the white governor. This proposition was refused by the French Commander.
Capt. Howes, arrived at New York from Havana, informs, that the day he sailed, one of the French frigates which went out from France with the squadron to the West Indies, arrived at the Havana. She was sent to demand of the Spaniards 11,000 troops, and provisions, to assist in the reduction of St. Domingo. Several other French ships of war, were expected at Havana to assist, and take in provisions for the supply of the West India Squadron.
The Danish frigate Iris, with General Walserdorf, on board, (who is appointed to the command of the Danish West India Islands,) arrived at St. Croix, Feb. 13th. And the English troops had ordered to evacuate on the 20th;—at which time the General was to take possession.
The French fleet had not arrived at Guadaloupe Feb. 12; the blacks were very troublesome.
We are happy to find, by the last Portsmouth papers, that the re-election of Gov. Gilman, is placed beyond a doubt.—The list gives Gilman 6366—Langdon 4265.—Majority for G. 2101.
Thursday the 15th day of April is appointed for the annual Fast in New Hampshire. The following extracts are from Gov. Gilman's Proclamation.
"That fervent prayers be made to Almighty God, that all who are in public authority in our National and State Governments may have wisdom to discern, and integrity to pursue such measures as shall promote the lasting happiness of the People—that they may act worthy of the several stations in which they are placed, considering themselves not only as accountable to their fellow-men, but to the Lord of the universe."
That a stop may be put to the progress of those licentious opinions and practices, which are so destructive to Free Governments, and that Virtue, Morality and Religion, as indispensably necessary to their support, may revive and flourish.
That the rich privileges, by which we are distinguished from other nations, may be wisely improved and transmitted, unimpaired, to succeeding generations, and that it may never be said of this highly favored Land, "they had a price in their hands, but had not hearts to use it aright."
[The following is the memorial of the Merchants of this town, who are sufferers by French Spoliations.]
To the Honorable Senate and House of Representatives of the United States of America, in Congress assembled.
The subscribers, Merchants of Portland, in the District of Maine, and its vicinity—humbly represent,
THAT from captures of their vessels and other property, by persons acting under the authority of the French government, they have sustained a loss amounting in the aggregate to 500,000 Dollars.
That as those captures were not warranted by the law of nations, and were founded on pretexts too trivial now to need refutation, your memorialists ever entertained hopes, that upon the return of peace and a settled order of things in France, they should, with the aid of their own government, obtain indemnity and redress.
These hopes were strengthened and increased when they saw that the Executive of the United States had resolved upon treating with the French Republic—the illegal captures of that nation being, as your petitioner then understood, the principal matter of controversy between the two nations.
When therefore it was announced that the points in controversy were adjusted, and a convention agreed upon between the agents of the different governments, little doubts were entertained that a sure basis was established on which they might rely for a reparation of their wrongs. But on perusal of that convention as published by authority in the different newspapers of the United States, your petitioners were astonished to find, that so far from securing to them indemnity for their grievous losses, it has virtually abandoned to the French government the right of your petitioners to call upon it for satisfaction of their claims.
Always disposed to support their own government, and to believe it acts for the interest and happiness of its constituents—your petitioners cannot entertain the idea that their rights have been violated. They admit the principle that in cases of extremity the property of individuals may be used or destroyed by the sovereign power of the community for the safety of the whole, with the restriction however, that the society is always to repair the loss suffered by the individual, for its benefit.
Not having documents whereon to judge of the necessity which existed for the sacrifice which is made, their duty as good citizens compels them to presume it was done for the good of the whole nation; and that the legislature is ready to provide means for the indemnification of those upon whom the misfortune fell.
With these sentiments, and a reliance upon the justice of the national government, your memorialists feel assured their claims will be patiently heard, and speedy and effectual relief be granted. And as in duty bound will ever pray.
Electioneering. STATE TICKET. His Excellency CALEB STRONG, FOR GOVERNOR. The Hon. EDWARD H. ROBBINS, FOR LIEUTENANT GOVERNOR. Cumberland Senatorial List. Hon. WOODBURY STORER, and JOHN CUSHING, Esqrs.
This is the only list we have yet received for Senators, except one in favor of Luther Cary, Esq. and he is urged by a writer who thinks the Senators should be chosen from the country, as "Portland is at an extreme part of the country." How far considerations of this nature are to have weight, the Electors must determine—The Jacobins are determined on their candidates, and stand ready to support them at the time of election. We have pretty correct information that their list is already written, and now has been found among the "SECY." Let those who are disposed to become tributary to Virginia, and its hirelings, promote a Jacobin ticket.
York County. Several Senatorial lists have been handed from this county; but we cannot possibly give them all insertion at length in this day's Gazette. The principal candidates are— Hon. SIMON FRYE, Hon. JOHN LORD, PRENTISS MELLEN, Esq. and REV. WILLIAM FESSENDEN.
MR. JENKS. AS the time approaches when we must give our annual suffrages for Governor, Lieutenant Governor and Senators, it may not be amiss to announce repeatedly whom the Federal or still more properly NEW ENGLAND party intend to support. It is in vain to deny that Virginia has ascended to the head of the union, and is at present in the full enjoyment of the fruits of ten years of intrigue. It is equally vain to deny that the enemies of the federal constitution have at present the custody of it. These are great, mournful and solemn truths. New England has lost her weight in the union. Shall we weaken her yet more? The constitution must be saved in New England, if anywhere else. Shall we put its enemies into office? Will the people who have hitherto baffled the wolves in sheep's clothing let them steal upon them at last? This is a critical year, as we are now beginning to learn the designs of the southern majority of Congress. We ought to be collected, and in possession of our whole force, not for insurrection, but for remonstrance and persuasion. Happy is it for us that we have at present one of the most amiable as well as one of the wisest of men for our Governor. If we too are wise, I think there can be no doubt that CALEB STRONG will be re-elected—But as it is impossible to fathom the dark designs of some men, there ought to be a very full attendance at the April meeting. Having lost our respectable Lieutenant Governor, it is proposed to supply his place with the Speaker of the House, EDWARD H. ROBBINS, Esq. who is perfectly well known, and no less esteemed for his talents, principles, and faithful services.—As to Senators, I have not seen nor heard of a candidate but WOODBURY STORER, and JOHN CUSHING, Esquires—but as there may be interest made for others upon various pretences which artful and insidious rivals may suggest, it is well to consider whether the welfare of town and country can be better promoted by any others that may be offered, or offer themselves. There seems to be a sort of justice, or at least propriety in continuing gentlemen in office a reasonable time, if they have done
nothing to forfeit it—how much more when by universal report they have deserved well of their country?
Let us all attend meeting and put in our mite for the good of our country, and mind not to sow the seed by the way side. CITIZEN.
It is said another Set of Mammoth Bones has been discovered in Paraguay and presented to the Spanish King.
Died. At Falmouth, capt. JONATHAN ARMSTRONG, aged 66—a worthy and respectable citizen. At Cape Elizabeth, Mrs. MARY JORDAN, aged 84. In South Carolina, General THOMAS BRANDON, aged 60—one of the worthies of the American revolution. In Sweden, in Nov. last, General STAKELBERG, the oldest general in Europe, who made his first campaign under Charles XII. He was nearly 100 years of age.
Jenks' Portland Marine List. PORT OF PORTLAND. FRIDAY, March 19. Arrived brig Gorham, capt. William M'Lean, 28 days from Jeremie, (St. Domingo)—Left there Schooner Vandyke, capt. Harding of Boston. SATURDAY, March 20. Arrived brig Edward, capt. Samuel M'Lean, 24 days from Port Antonio, Jamaica—Left there Sch. Little Robert, capt. Dolby, of Philadelphia, to sail in 14 days.—Brig George, of Alexandria, capt. Taylor, sailed Port Antonio, bound for a market. SUNDAY, March 21. Arrived Schooner Martha capt. Siover, 24 days from Jeremie.
FOR CHARLSTON, S. C. THE Schooner HIRAM, JAMES BACON, master—intends sailing in all this week. For Freight or passage, apply to the Captain on board, at Titcomb's Wharf or at C. Wing's Store, No. 3, Fifth street. Portland, 3d Mo. 22.
FOR SALE, By M'Lean & Brown, SWEDEN'S IRON—flat, square and round bars, Spike and Nail Rods, Heart & Club, and German Steel, March 22.
JUST RECEIVED, AND FOR SALE BY Garland & Lincoln, 100 bbls. excellent CIDER—which will be sold on the lowest terms for cash. Constantly for sale, a general assortment of English & West India Goods, and Groceries, at their store at the head of Long Wharf, Portland. March 22.
Wanted, As an Apprentice to the APOTHECARY Business, an active Lad, about Fourteen years old—Inquire of the Printer. March 22.
Wax-Work. MOULTHROP & STREET, respectfully acquaint the Ladies and Gentlemen of Portland and its vicinity, that they have just opened, at Cattle's Cornhill Hall, a new and most elegant collection of Wax Work, which has been universally admired; consisting of thirty-five Figures as large as life; among which are the following characters:—His Excellency THOMAS JEFFERSON President of the United States—The Honorable JOHN ADAMS, late President. A striking likeness of the late General GEORGE WASHINGTON. In another apartment the illustrious Hero is represented as fallen a victim to death; his lady and Daughters are weeping around him.—The late General Butler, who fell in St. Clair's defeat, represented as wounded in his breast and leg, and the Indians rushing on him with their Tomahawks.—Major Andre taking leave of his HENRIETTA, before his execution.—Mrs. Siddons in the character of the Grecian Daughter, refusing her Father from Prison, by assassinating the Emperor.—David returning from the slaughter of the Philistines, with the Head of Goliath—Maternal Affection, represented by a Lady with her Children around her—The Newfoundland Beauty.—The Newfoundland Beauty—The Littlefield Beauty—Mango disciplined by his Mistress—A striking likeness of JASON FAIRBANKS, who was executed at Dedham for the murder of Eliza Fales—Old Darby and Joan, enjoying themselves over their Bottle and Pipe.—The poor Mendicant, asking alms—and sundry other Figures. This Exhibition will be open from 9 o'clock in the Morning till 9 in the Evening (Sundays excepted) and will be removed from this Town in a short time therefore all those who wish to see this collection, must improve the opportunity. Admission One Quarter of a Dollar for grown Persons, and half price for Children.
RANAWAY from the subscriber, an indentured Apprentice by the name of WILLIAM BRYANT, aged about nineteen years—slender make, with sandy coloured hair—I do hereby forbid all persons harbouring said runaway, or trusting him on my account, as they would avoid the penalty of the law—Whoever will take up said runaway and return him to the subscriber, shall receive One Cent reward and no charges paid. Portland, March 18, 1802 FRANCIS OSGOOD.
TO BE SOLD AT AUCTION, On THURSDAY, 8th of April next, At the House of Capt. THOMAS BARKER, in Windham, THE Stock in Trade of SYLVANUS GALLISON—consisting of ENGLISH GOODS, GROCERIES, &c. —As said Gallison is about removing from that town, they will be sold very low.—Sale to be at 10 o'clock, A. M.
Will be Sold at Auction, On Tuesday, the 27th day of April next, at 2 o'clock, P. M. at the house of Mr. JOHN DUNNING, innholder in Brunswick, for the benefit of the creditors of DAVID DUNNING, jun. Half of the Dwelling-House now occupied by the said JOHN DUNNING—A lot Four Shares in the Androscoggin Bridge—A Horse, Sleigh, and Harness—and a few other effects of less value. BENJAMIN HASEY, ASSIGNEE. Topsham, March 12, 1802.
THE Creditors to the Estate of JOSEPH CONY, a Bankrupt, are required to meet at the Commissioners' Office in Fifth street, on THURSDAY next, 25th inst. at 11 o'clock, A. M. to see if they will consent to a reference with JAMES NEAL, respecting a quantity of Cod-fish said Neal received of said Cony, by the hand of SUMNER STURGEON; and to the discharge of a certain Mortgage Deed. JOSIAH TUCKER, Assignee. Portland, March 20.
TO THE HONORABLE THE SENATE, AND HOUSE OF REPRESENTATIVES OF THE COMMONWEALTH OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED AT BOSTON, ON THE SECOND WEDNESDAY OF JANUARY, A. D. 1802.
YOUR Petitioners, whose names are hereto subscribed, beg leave to represent to your honors, that a large number of Saw-Mills are seated at and near the head of Saco falls, on the western side of Saco river; and that the boards cut at those mills are now hauled by teams from above said falls, to the tide waters, for shipping, and is attended with great expense and trouble, besides injuring the lumber; also to the most of said mills, the logs from which said boards are sawed, are hauled by teams. Your petitioners further state, that vast quantities of boards, timber, wood, staves, shingles, &c. are brought down the said river, and landed above the said falls, to be afterwards hauled by teams; and that it would be extremely useful and convenient if they could be conveyed to the tide waters below the said falls in the same manner as first made in the country above, without being separated, transported and raised again, as they now are obliged to be, in addition to the great convenience of floating mill logs to the mills at and near said falls. They therefore humbly pray your honors that they and such others as may hereafter be associated with them may be authorized to make a Canal from or near Gooch's Island, so called, above said falls, to the waters below the falls, at the most convenient place for shipping, and in the most convenient direction for the said purpose, with such number of locks as may be necessary for the same, and they may be incorporated with such powers and the establishment of such toll as usual in similar instances; and as in duty bound, shall ever pray, &c. Biddeford, Dec. 1801. Aaron Porter, George Thatcher, Jere Hill, Francis Mellen, Benjamin Nason, Ichabod Fairfield, Samuel Preston, Edmund Coffin.
COMMONWEALTH OF MASSACHUSETTS. In the House of Representatives, Jan 27, 1802. ON the petition of Aaron Porter and others, praying to be incorporated for the purpose of making a Canal from Gooch's Island, so called, near the lower falls on Saco river, to the tide water, &c. Ordered, That the Petitioners notify all persons interested, by publishing the said petition, with this order thereon, in Jenks' Portland Gazette , three weeks successively—the last publication to be thirty days before the second Wednesday of the first session of the next General Court, that they may then and there show cause, if any they have, why the prayer of said petition should not be granted. Seat up for concurrence. EDWARD H. ROBBINS, Speaker. In Senate, Jan. 27, 1802. —Read and concurred. DAVID COBB, President. A true Copy—Attest. GEORGE E. VAUGHAN, Clerk of Senate.
THE Subscriber hereby gives notice to all concerned that having been duly appointed Administratrix on the estate of JOSEPH HANSCOM, late of Gorham in the county of Cumberland, cordwainer deceased, has taken upon her that trust, and given bond as the law directs: She therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon to exhibit the same, to PULLY HANSCOM. Gorham, March 22.
THE subscribers hereby gives notice to all concerned that having been duly appointed Administrators on the estate of THOMAS SMITH late of Windham, in the county of Cumberland, Gentleman, deceased, have taken upon them that trust, and given bond as the law directs: They therefore request all persons who are indebted to said deceased's estate to make immediate payment; and those who have any demands thereon, to exhibit the same to the Commissioners appointed to receive and their claims. ABRAHAM ANDERSON, JOHN T. SMITH. Windham, March 22.
WE the subscribers, Commissioners appointed by the Hon. William Gorham, Esq. Judge of Probate for the county of Cumberland, to receive and examine the claims of the several creditors to the estate of THOMAS SMITH, late of Windham Gentleman, deceased, represented insolvent—hereby give notice, that six months from the 70th inst. is allowed to bring in and prove their claims; and that we shall attend that service at the house of ABRAHAM ANDERSON, in Windham, on the first and third Tuesdays in April, and on the first and third Tuesdays in the four following months, from 9 o'clock, A. M. till 5 P. M. on each day. ELIAS MERRILL, EZRA BROWN, } Commissioners. PAUL LITTLE jun. } Windham, March 17, 1802.
THE subscriber hereby gives notice to all concerned, that she has been duly appointed Administratrix on the estate of JOSIAH RIGGS, late of Portland, shipwright, deceased, taken upon herself that trust, and given bond as the law directs: She therefore requests all persons indebted to said estate to make immediate payment; and those who have any demands thereon to exhibit the same to HULDAH RIGGS. Portland, March 15, 1802.
NOTICE is hereby given, that a further time of six months is allowed by the Hon. Jonathan Bowman, Judge of the Probate for Wills, for the county of Lincoln—for the claimants against the estate of SIMON M'LELLAN, late of Thomaston, Mariner, deceased, rendered insolvent, to bring in their claims to us the subscribers, duly appointed and authorized to receive and examine the same—who will attend said business at the dwelling house of SAMUEL BROWN, in Thomaston on the last Tuesday of this and the five following months, at two of the clock in the afternoon—which time and place we shall give our attendance JOSIAH REED, } Commissioners. SAMUEL BROWN, } Thomaston, Feb. 10, 1802. (M. 1c)
THE Subscriber hereby gives notice to all concerned, that having been duly appointed Executor of the last will and testament of SETH STAPLES of Turner, in the county of Cumberland, Yeoman, deceased; has taken upon himself that trust and given bond as the law directs; he therefore requests all persons who are indebted to said deceased's estate, to make immediate payment; and those who have any demands thereon to exhibit the same to JOSIAH STAPLES, Executor N. B. He will attend to the following accounts the first and third Tuesdays of the three following months, at the house of the deceased. (3m.) Turner, January 25, 1802.

IMITATED FROM THE GREEK.
ALL are not just because they do not wrong; But he who will not wrong me when he may, He is the truly just. I praise not them, Who in their petty dealings pilfer not; But him whose conscience spurs a secret fraud, Where he might plunder and defy surprize; His be the praise, who, looking down with scorn On the false judgment of the partial herd, Consults his own dear heart, and boldly dares To be, not to be thought, an honest man.
The following are the titles of the Acts passed at the late session of the Legislature of Massachusetts.
An act in addition to the several acts, now in force regulating the taking of the fish called alewives in the town of Middleborough.
An act to establish a watch for preserving the safety and good order of the town of Boston.
An act to incorporate the proprietors of the North Meeting House in Salem, in the County of Essex.
An act more effectually to secure fire effectually to secure fire engines from being injured.
An act to authorize the sale of ministerial lands in the first parish in Gorham, to raise a fund for the support of the ministry and appointing trustees for those purposes.
An act to set off the fourth east part of Livermore from said Livermore to the town of Leeds.
An act regulating the taking of the fish called alewives in Seven Mile Brook in the town of Vassalboro' in the county of Kennebec.
An act to incorporate Mark Langdon Hill and others, for the purpose of building a bridge across Winooski River.
An act to incorporate Joshua Shaw, and others for the purpose of building a bridge across New Meadow River.
An act to set off Timothy Arnold and thirteen others, from the town of Washington, and annex them to the town of Lenox, in the County of Berkshire.
An act to divide the town of Poland, and to incorporate the northerly part thereof into a separate town by the name of Minot.
An act to regulate the taking of fish called alewives in the town of Boothbay in the county of Lincoln.
An act alter the name of the town of Thompsonborough, in the county of Lincoln.
An act for altering the times of holding the Court of General Sessions of the Peace and Court of Common Pleas, now held at Salem, within and for the County of Essex, on the second Tuesday of July annually, and at Newbury-Port within and for said County, on the first Tuesday of October annually, and for establishing an additional term for holding said Courts in said County.
An act to incorporate the plantation of Chester in the County of Kennebec, into a town by the name of Chesterville.
An act to set off certain tracts of land being part of Fayette and part of the late plantation of Goshen, and to annex them to the town of Mount Vernon.
An act to incorporate the plantation called Brownfield in the County of York, into a town by the name of Brownfield, and for annexing a part of said Brownfield to the town of Fryeburg.
An act to incorporate the plantation called Goshen, or Wyman's plantation, in the County of Kennebec, into a town by the name of Vienna.
An act to empower the inhabitants of the town of Marblehead to choose a Board of Health, and for removing and preventing nuisances in said town.
An act to incorporate the plantation number two in Abbot's purchase, lying on both sides of Sandy River, in the first range of townships north of Great Amherstoggin-River, in the County of Kennebec, into a town by the name of Avon.
An act to incorporate the plantation number two, or New-Vineyard, in the first range of townships lying on the west side of Kennebec-River, and north of the Plymouth Claim, in the County of Kennebec, into a town by the name of New-Vineyard.
An act in addition to the several acts passed respecting Andover bridge.
An act continuing in force for certain purposes two acts heretofore passed respecting the division of this Commonwealth into Districts for the choice of Representatives in the Congress of the United States.
An act granting a lottery for the purpose of repairing the locks and canals at South Hadley passable for boats and rafts of timber, without the aid of a dam across Connecticut River.
An act to incorporate certain persons as trustees of a fund for the support of a congregational minister in the town of Kingston, in the county of Plymouth.
An act to incorporate Joseph Woodman and others, for the purpose of maintaining a boom across Saco-River between Buxton and Philipburg, in the County of York.
An act for allowing a further time to the proprietors of Connecticut-River bridge for completing the same.
An act in further addition to an act, entitled, "An act for establishing the Ninth Massachusetts Turnpike Corporation."
An act in further addition to an act, entitled, "An act to regulate the alewife fishery in the town of Bridgewater in the County of Plymouth, and for repealing all laws heretofore made for that purpose, passed in the year of our Lord one thousand seven hundred and ninety-seven."
An act for incorporating a number of the inhabitants of the town of Plymouth, in the County of Plymouth, into a separate Parish.
An act to incorporate a number of the inhabitants in the town of Parsonsfield, in the County of York, into a distinct religious society by the name of the Congregational Society in Parsonsfield.
An act for incorporating the Horse-neck, so called and all the salt meadows adjoining, in the town of Westport, in the county of Bristol into a common and general field.
An act to set off a certain tract of land with the inhabitants thereon, from the town of Westfield, in the County of Hampshire, and to annex it to the town of West-Springfield, in the same County.
An act to incorporate certain lands in the town of Dedham, in the County of Norfolk, into a common field.
An act establishing an additional term of the Court of Common Pleas for the County of Norfolk.
An act to prevent the destruction of the fish called alewives, in their passage up and down in the river, and other streams, in the town of Kingston in
the County of Plymouth, and for regulating the taking and disposing of said fish, and for repealing an act entitled, "An act to prevent the destruction of the fish called alewives, in their passage up the rivers and streams in the town of Kingston, in the County of Plymouth."
An act to regulate the alewife fishery in the town of Lynn and Lynnfield and Reading in the Counties of Essex, and Middlesex, and for repealing all laws heretofore made for that purpose.
An act for carrying into execution more effectually the bye-laws of the several towns within this Commonwealth.
An act for incorporating certain persons for the purpose of laying out, and making a Turnpike Road from Salem to Charles-River bridge, for building the necessary bridges on the said road, and for supporting the same.
An act to incorporate the plantation called the Pejepscot-claim, and Little's-gore, in the County of Cumberland, into a town by the name of Pejepscot.
An act for the preservation and regulating the taking of fish called alewives, in the brook running from the West Quitticus-pond, to the East Quitticus-ponds, near the line between the towns of Middleborough and Rochester, in the County of Plymouth.
An act to regulate the shad and alewife fishery in the town of Warren, in the county of Lincoln.
An act to set off Nathaniel Prentiss and others, from the town of Charlestown in the County of Middlesex, and annex them to the town of Cambridge in the same county.
An act in addition to an act, entitled, "An act for incorporating the members of the Episcopal Church in the town of Portland, into a religious society."
An act establishing the Norfolk and Bristol Turnpike Corporation.
An act to incorporate certain proprietors of meadow land, lying on Pequit-brook, within the town of Canton, for the purpose of flowing and draining off the stagnant waters, and for the better improving the said lands.
An act to prevent the currency and circulation of Bank Bills of a denomination less than five dollars.
An act in addition to the act establishing the Williamstown Turnpike Corporation.
An act to authorize the Governor, in certain cases to offer a reward for the apprehending and securing persons escaping from prison, and for other purposes.
An act to apportion and assess a tax of one hundred thirty-three thousand three hundred and thirty one Dollars and eighty five cents, and providing for the reimbursement of twenty-one thousand nine hundred and fifty two dollars, paid out of the public treasury to the members of the House of Representatives for their attendance the two last Sessions of the General Court.
An act incorporating certain persons for the purpose of building a bridge over Neponset River, between Dorchester and Quincy, and for supporting the same.
An act to alter the names of certain persons therein mentioned.
An act dividing the Commonwealth into seventeen districts for the choice of Representatives in the Congress of the United States, and prescribing the mode of election.
An act to establish the 14th Massachusetts Turnpike Corporation.
An act to regulate the inspection of pork intended to be exported from this Commonwealth.
An act in addition to an act, entitled, "An act to incorporate certain proprietors of Meadowlands lying on each side of Neponset-River in the towns of Dedham, Milton and Canton for drawing off the stagnant waters, and for the better improvement of said Meadow Land."
An act in addition to an act enabling proprietors of private ways and bridges to repair them in equal proportion.
An act for preserving and authenticating the records of Justices in certain cases.
COMMONWEALTH OF MASSACHUSETTS.
In the year of our Lord, one thousand eight hundred and two,
An act to prevent the circulation and currency of Bank Bills of a denomination less than five dollars.
WHEREAS the circulation and currency of BANK BILLS, of a denomination less than five dollars, within this Commonwealth, is attended with many inconveniences subjecting the holders of such Bills to frequent loss;—preventing the circulation of small change, and giving to the citizens of other States privileges denied to our own:—Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That from and after the first day of July next, no person shall pay, or receive in discharge of any contract, or bargain, or for any valuable consideration whatever, any Bill issued by any Bank or Banking Company, other than the Bank of the United States, or the several Banks within this Commonwealth, of a less denomination than five dollars, under a penalty of four dollars, to be recovered, as well of the person, so paying, as of the person so receiving, by action of debt, with costs of suit, to the use of any person, or persons, who shall within one year thereafter prosecute for the same.
In the House of Representatives, March 6, 1802. This Bill, having had three several readings, passed to be enacted. EDWARD H. ROBBINS, Speaker.
In Senate, March 8, 1802. This Bill, having had two several readings, passed to be enacted. DAVID COBB, President.
March 8, 1802—By the Governor approved. CALEB STRONG. A true Copy. Attest—JOHN AVERY, Sec'y.
To be Sold in Topsham,
A LOT OF LAND, containing about 60 acres; together with a Dwelling House, Barn, &c. standing thereon;—the terms of payment will be made convenient to the purchaser, and possession given on sale.—Also, the STOCK and FARMING UTENSILS which are now on it.—For further particulars, inquire of March 8. JONATHAN ELLIS.
Lands For Sale.
THE following lots in Standish, No. 24, 27, and 28, in the second division, generally known by the name of Elliot's Lots—No. 27 and 28 are on that part of Standish called the Neck, and near the outlet of Sebago Pond—and have an excellent growth of Oak and other timber thereon.—For terms apply to THOMAS MOTLEY. Portland, March 25.
FOR SALE,
ONE quarter of that valuable double SAW MILL, and one quarter of a GRIST MILL, situated in Poland, with the privilege, called NASON'S MILL, and twenty five acres of LAND, and part of a Dwelling-House adjoining.—The terms may be known by applying to the subscriber in Pejepscot Claim. JOB LANE. Pejepscot Claim, March 8. (3-5)
JUST RECEIVED, AND FOR SALE BY How & Evans,
At their Store in Middle-street, on corner Union-street,
A Large assortment of PAPER HANGINGS—75 different figures, of the newest fashion, at the Boston prices.—Also, English, Hardware, & West-India Goods, and Groceries, as usual. Portland, Feb. 22. (6m)
Cotton Yarn.
ALMY & BROWN, in Providence, State of Rhode-Island, being principally concerned in the most extensive COTTON MILLS on the continent, have for sale a large assortment of COTTON YARN, suitable for Warp or Filling; and also of two and three thread ed Yarn suitable for knitting or weaving stockings, both bleached and unbleached; equal in quality to any in America. They are enabled to supply their customers and others who may want, on as low terms as any persons in the United States, and on short notice. Orders from every part of the country will be duly attended to by addressing by post or otherwise, to the subscriber. ALMY & BROWN. Providence, 1st Mo. 1802.
John Taber & Son,
NO. 8, MUSSEY'S ROW,
KEEP the aforesaid Yarn constantly for sale, by the Bundle, at the same prices as at the Manufactory, with only the expence of transportation. Portland, 2d Mo. 8, 1802.
FOR SALE,
At N. Richardson's Wharf, BALES INDIA COTTONS, consisting of Bour bon, Gurrahs, Allat. and Patna Basts. Pipes 4th proof Barcelona BRANDY, Bags white India SUGAR, Quarter Casks old Lisbon WINES, Boxes dpt CANDLES, Casks fresh RAISINS, 2000 WT. PEPPER, entitled to debenture. RAVENS DUCK, and RUSSIA SHEETING, & trunk GOODS, consisting of LONGCLOTHS, MUSLINS CAMBRICKS, BANDANNA HANDKERCHIEFS, &c. Bils. Fine and Superfine FLOUR—Baltimore. By JOSHUA RICHARDSON. Portland, Jan. 25, 1802.
DIRECT TAX.
STATE OF MASSACHUSETTS, ELEVENTH COLLECTION DISTRICT, SECOND DIVISION.
PURSUANT to an act of Congress, passed the fourteenth of July, 1798, entitled, "an act to lay and collect a Direct Tax within the United States,"—will be sold at public Sale at the dwelling house of Benjamin Hooper, Jun. in Bridgewater, on Monday the fifth day of April next, at ten of the clock, A. M. so much of the under described estates, consisting of dwelling houses and lands, as will satisfy the taxes due thereon, together with costs and charges, as the law directs; unless said taxes and charges should be paid before that time.
Table with 5 columns: D. House, D. C. House, D. C. Lands, D. C. Total tax on Lands, D. C. Total tax. Rows include names like John Fairfield, Olab H. Derby, etc.
BENJAMIN HOOPER, Jun. Collector. Eddleford, February 4, 1802.
DIRECT TAX.
SEVENTH COLLECTION DISTRICT, SECOND DIVISION, IN THE STATE OF MASSACHUSETTS.
PURSUANT to an act of Congress passed the 14th of July, 1798, entitled, "an act to lay and collect a direct tax within the United States,"—will be sold at public sale at the dwelling house of Benjamin Ayer, innholder in Standish, on Monday the fifth day of April next, at 10 of the clock A. M. so much of the under described estates, consisting of dwelling houses and lands, as will satisfy the taxes due thereon, together with costs and charges as the law directs; unless said taxes and charges should be paid before that time.
Table with 5 columns: Names of Owners, or Occupant, at the time of taking the Value, Value of each dwelling house, Value of lands, Total tax on lands. Rows include names like Burnal Stephen, Barton Isaac, Brown Jeffs, etc.
Table with 3 columns: Name, No. of Lots, Div. Rows include names like Row Webber, Robinson John, Sawyer John, jun., etc.
NON RESIDENTS, TO ME UNKNOWN.
Table with 3 columns: Name, No. of Lots, Div. Rows include names like Baker Charles, Bickford Wm., Chapman Isaac, etc.
OWNERS UNKNOWN IN STANDISH.
Table with 3 columns: No. Div. Rows include names like Fries' Island, Undivided in Standish, Undivided in Plantstown, etc.
OWNERS UNKNOWN IN BRIDGTON.
Table with 3 columns: No. Div. Rows include names like Fryeburg, Jan. 25, 1802, etc.
Philip Eastman, Collector, 7th District, 2d Division.
Fryeburg, Jan. 25, 1802.
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