Jenks's Portland gazette (Portland [Me.]), 1802-04-05 00:00:00

JENKS' PORTLAND GAZETTE.
NUMBER 206.
MONDAY, APRIL 5, 1802.
[VOLUME IV.]
To the Editor of the Portland Gazette.
THAT certain persons should gain applause and reputation, in the opinion of many, for actions and sentiments that others hold in low repute, is not difficult to be accounted for, considering the infinite diversity of tastes and pursuits of men; but when a man like Mr. Jefferson, who has done nothing at all different from that of thousands of others, and is personally known to very few, if any, in this District, becomes an idol, as he is to the Jacobins, it is a problem of more difficult solution, and requires a profounder insight into the principles of approbation and disapprobation fully to understand. Sometimes a small number, or even a single action, requiring a combination of talents and virtues, will of itself become the ground of just esteem, respect and confidence in the hearts of a whole people. All these sentiments were excited in the ancient Grecians at hearing the names of the heroes of Thermopyle and Marathon; and Saladin at the Nile, and in the Baltic, affords a very recent example of a person becoming equally celebrated for great and splendid virtues in a few hours exertion. Again—Washington, whom the Jacobins, from the leaders of that sect down to the infamous Calender and Duane, have endeavoured to asperse and render odious to his country, has given to the world a character that cannot be too much admired for its greatness, its dignity and goodness, tho' perhaps, not an action, which the world calls splendid, enters into its composition. It is made up of a continued series of conduct useful and important, and so difficult of execution as to require talents and powers of mind much above the common level. Every day of his life, and every action he performed had respect to the public good—private interest, or personal gratification made no part of the motives that supported and led him from one scene to another. This character naturally excites approbation in all correct minds, and will command respect even to veneration wherever it is known—not when we look back and see in what manner he opposed himself to the Jacobins, at a time they were embodied into formal societies and alliance with similar ones in France, it will not be thought strange that these creatures become his enemies—What is more natural? Were not Catiline and Clodius, with all their train of political incendiaries, mortal enemies to Cicero? Rogues hate justice, and honest men who discover and arraign them for their villainy.—To the period above alluded to we must resort for the origin and the primary causes of the seemingly unaccountable praise bestowed by the Jacobins upon Mr. Jefferson. But again the question returns upon us—What has he ever done that should attach them to him? Has he made any sacrifice of property evidential of an attachment to the public interest when in competition with his own? Did he ever head an army or place himself in the ranks to oppose an invading enemy? Has he any claim above others to merit on account of services rendered the public in its finances? What splendid action, or benefits to the United States, did he achieve during his embassy in France? Whatever answers shall be made to these questions I think it will appear that nothing contained in them can be justly considered as the reason and ground why the Jacobins are attached to him. Will they say their approbation is founded on the goodness of his heart, or the powers of his mind?—What evidence has he given of a good heart? He has done nothing—And as to the wisdom and talents of the head, in the character of a statesman, his official papers published since the fourth of March, with hardly an exception, so far as they can be evidence to this point, amount to almost a demonstration that few tyros of the second or third grades in the common academies are so ignorant of the true interest of the United States as he is. Besides, if goodness of heart, manifested by a long life of benevolent actions to the public, together with an enlarged understanding and strong mental powers, are naturally objects of their love, respect and attachment, they never would, indeed, they never could have become the enemies to Washington and his character; because in all these virtues and qualities he excelled any thing that Mr. Jefferson can pretend to. It is true they are becoming ashamed of their conduct towards that illustrious patriot; and it is curious to see the hypocritical cant they are forced into in order to conceal their former baseness, and yet preserve something like uniformity in their language; for many of them are not so lost to virtue as to be just in their opinion of Washington.
Yours, ONE OF THE PEOPLE. Elm-Tree, 16th March, 1802.
From the Newyork Evening Post.
Examination.
NUMBER IX. THE leading points of the message have been sufficiently canvassed, and it is believed to have been fully demonstrated, that this communication is chargeable with all the faults which
were imputed to it on the outset of the Examination. We have shown that it has made or attempted to make prodigal sacrifices of constitutional energy, of sound principle, and of public interest. In the doctrine respecting war, there is a senseless abandonment of the just and necessary authority of the executive department, in a point, material to our national safety. In the proposal, to relinquish the internal revenue, there is an attempt to establish a precedent ruinous to our public credit; calculated to prolong the burthen of the debt, and generally to enfeeble and sink the government by depriving it of resources of great importance to its respectability, to the accomplishment of its most salutary plans, to its power of being useful.—In the attack upon the judiciary establishment there is a plain effort to impair that organ of the government; one on which its efficiency and success absolutely depend. In the recommendation to admit indiscriminately foreign emigrants of every description the privileges of American citizens, on their first entrance into our country, there is an attempt to break down every pale which has been erected for the preservation of a national spirit and of a national character; and to let in the most powerful means of perverting and corrupting both the one and the other.
This is more than the moderate opponents of Mr. Jefferson's elevation ever feared from his administration; much more than the most wrong-headed of his own sect dared to hope; it is infinitely more than any one who had read the fair professions in his inaugural speech could have suspected. Reflecting men must be dismayed at the prospect before us.—If such rapid strides have been hazarded in the very gristle of his administration, what may be expected when it shall arrive to manhood? In vain was the collected wisdom of America convened at Philadelphia. In vain were the anxious labours of a Washington bestowed. Their works are regarded as nothing but empty bubbles destined to be blown away by the mere breath of a disciple of Turgot , a pupil of Condorcet . Though the most prominent features of the message have been portrayed, and their deformity exhibited in true colors; there remain many less important traits not yet touched, which however, will materially assist in determining its true character. To particularize them with minuteness would employ more time and labor than the object deserves; yet to pass them by wholly, without remark, would be to forego valuable materials for illustrating the true nature of the performance under examination.
There remains to be cursorily noticed, a disposition in our chief magistrate, far more partial to the state governments, than to our national government; to pull down rather than to build up our federal edifice; to vilify the past administration of the latter; to court for himself popular favor by artifices not be approved of, either for their dignity, their candor or their patriotism.
Why are we emphatically and fastidiously told that "the states individually have the principal care of our persons our property and our reputation, constituting the great field of human concerns." Was it to render the state governments more dear to us, more the objects of affectionate solicitude? Nothing surely was necessary on this head; they are already the favorites of the people, and if they do not forfeit the advantage by a most gross abuse of trust, must, by the very nature of the objects confided to them, continue always to be so. Was it then to prevent too large a portion of affection from being bestowed on the general government. No pains on this head were requisite, not only for the reason just assigned, but for the further reason that the more peculiar objects of this government, though no less essential to our prosperity than those of the state governments, oblige it often to act upon the community in a manner more likely to produce aversion than fondness. Accordingly every day furnishes proof, that it is not the spoiled child of the many. On this point the high example of the president himself is pregnant with instruction. Was it to indicate the supreme importance of the state governments over that of the United States? This was as little useful, as it was correct. Considering the vast variety of humours, prepossessions and localities, which in the most diversified composition of these states militate against the weight, and authority of the general government, if union under that government is necessary, it can answer no valuable purpose to depreciate its importance in the eyes of the people. It is not correct; because to the care of the Federal government are confided directly, those great general interests on which all particular interests materially depend: our safety in respect to foreign nations; our tranquility in respect to each other; the foreign and mutual commerce of the states; the establishment and regulation of the money of the country; the management of our national finances; indirectly, the security of liberty by the guarantee of a republican form of government to each state; the security of property by the interdiction of laws violating the obligation of contracts and issuing emissions of paper money under state authority; (from both of which causes the right of property had experienced serious injury,) the prosperity of agriculture and manufactures as intimately connected with that of commerce, and as depend-
ing in a variety of ways upon the agency of the general government: In a word, it is the province of the general government to manage the greatest number of those concerns in which its provident activity and exertion are of most importance to the people; and we have only to compare the state of our country antecedent to its establishment, with what it has been since, to be convinced that the most operative causes of public prosperity depend upon that general government. It is not meant, by what has been said, to insinuate that the state governments are not extremely useful in their proper spheres; but the object is to guard against the mischiefs of exaggerating their importance in derogation from that of the general government. Every attempt to do this is, remotely, a stab at the union of these states; a blow to our collective existence as one people—and to all the blessings which are interwoven with that sacred fraternity.
If it be true, as insinuated, that "our organization is too complicated—too expensive,"—let it be simplified; let this, however, be done in such a manner as not to mutilate, weaken and eventually destroy our present system, but in a manner to increase the energy, and insure the duration of our national government.
THE ROCK OF OUR POLITICAL SALVATION In this insinuation, and in the suggestion that "offices and officers, have been unnecessarily multiplied;" in the intimation that appropriations have not been sufficiently specific, and that the system of accountability to a single department has been disturbed; in this and in other things, too minute to be particularized, we discover new proofs of the disposition of the present executive, unjustly and indecorously to arraign his predecessors.
As far as the message undertakes to specify any instance of the improper complexity of our organization, namely, in the instance of the judiciary establishment, the late administration has been already vindicated.
As to the "undue multiplication of offices and officers," it is substantially a misrepresentation. It would be nothing less than a miracle, if in a small number of instances, it had not happened that particular offices and officers might have been dispensed with. For in the early essays of a new government, in making the various establishments relative to the affairs of a nation, some mistakes in this respect will arise, notwithstanding the greatest caution. It must happen to every government that in the hurry of a new plan, some agents will occasionally be employed who may not be absolutely necessary, and this, when there is every inclination to economy. Similar things may have happened under our past administration. But any competent judge, who will take the trouble to examine into it, will be convinced, that there is no just cause for blame in this particular.
The president has not pointed out the cases to which he applies the charge; but he has communicated information of some retrenchment which he has made, and probably intends that the truth of the accusation shall be inferred from this.
Three instances are particularly presented; these shall be briefly examined; it will be seen that they do not justify the imputation. They respect certain ministers at foreign courts, some navy agents at particular ports; and some inspectors of the revenue in particular states.
As to the first, it is believed to be a pretty just idea, that we ought not greatly to multiply diplomatic agencies. Three permanent ones may perhaps, be found sufficient in the future progress of our affairs; for France, Spain and England. The expediency of having these recognized by the conduct of our present chief magistrate. But, others must be employed, and during particular seasons it may be wise to do it for a considerable length of time. Indeed there is strong ground for an opinion entertained by very sensible men, that there ought to be a permanent minister at every court with which we have extensive commercial relations.
Two other ministers were employed by both the former administrations, one with Portugal, the other with Holland; and it is asserted without fear of denial, that when this was done by the first President it was with the approbation of Mr. Jefferson himself. One other minister was employed by the late President at the Court of Berlin.
A commercial treaty with Portugal is admitted, on all hands, and for obvious reasons, to be particularly desirable; as very interesting branches of our commerce are carried on in the Portuguese dominions. We are still without any such treaty. To send to that court a diplomatic agent to endeavor to effect one, was a measure of evident propriety; to recall them before a treaty had been effected, must be of questionable expediency. The views and circumstances of nations change; and an opportunity may occur, at some particular conjuncture, for effecting what was not before possible, which may be lost by the want of a fit agent on the spot to embrace it. But admitting that the experiment has now been sufficiently tried to justify its abandonment, still it does not follow that it was unwise to have continued it as long as it was; and as this must at least rest in opinion, the continuance, if upon an erroneous calculation in this particular, is no proof of a "disposition to multiply offices or officers." And those who consider the nature and extent of our
commercial relations with Portugal, will not cease to think it problematical, whether the expense of a diplomatic agent, especially in a situation in which nothing has been defined by treaty, ought to stand in competition with the benefits which may result from the presence of a minister at the court of that kingdom. This consideration alone is sufficient to repel the charge. LUCIUS CRASSUS.
From the Newyork SPECTATOR.
To the Farmers.
AS the peace in Europe will materially reduce the price of almost every species of produce and of labor, it becomes the farmers to make provision to meet this reduction, so as not to be impoverished.
One of the first objects of attention, is, the increase of the production of wool. The high price of grain, beef and pork, for years past has induced the farmers to lessen their number of sheep and neglect domestic manufactures. But the reduction of the price to labor and provisions calls for the preservation of the lambs, and the utmost increase of sheep. Not a lamb should be killed, the coming summer. We have no use for one third of our shipping—and no market for one half our surplus produce. Our farmers therefore will not be able to purchase and pay for half the clothing which they have been accustomed to buy for some years past. Wise men will foresee the charge of circumstances and be prepared.
Another thing deserving of attention is the increase of the production of flax. The farmers should sow four times the usual quantity of seed, and their wives and daughters must more generally betake themselves to their spinning wheels. They will not be able to go to the shops of the traders, as they have done for some years past.
As the northern states will not find sufficient market for their beef and pork, they must now change their system in some measure. They can find market for butter and cheese, when they cannot for beef. They will do well to turn great attention, not only to increase the quantity, but to improve the quality of their cheese. It is easy to rival the best English cheese in the southern markets, and no pains should be spared to find the best mode of making it. Committees should be appointed in various parts of the country, to procure correct information on this art, and to diffuse the knowledge of it.
Shoes, cabinet work, and many other manufactures, find a good market in the southern States, and improvements in the work will increase the demand.
The manufacture of hats demands attention—is it not a shame that the very beaver of our country should be transported to Great Britain, and returned to supply us with hats? In the manufacture of fine cottons, from the production of our own wool, the same objection does not offer itself against sending the material abroad and importing the manufacture—as more art, labor and experience are necessary, than our citizens can yet bestow. But in the manufacture of hats, thoes, and many other articles, the same quantity of labor is not necessary, and it should be our direct aim to manufacture for the southern States, which are now supplied from Europe.
It is desirable also that more attention should be paid to our malt liquors and the making of cider. The principal evil to be remedied in our cider is, that it is made too early. Our fruit should be changed, for that which does not drop from the tree, till November. Winter cider should not be made till late in October.
And let me intreat the farmers to cultivate better species of potatoes. Nine tenths of all the potatoes bro't to the Newyork market, are fit only for hogs and cows. They have a smooth skin and many of them are green and bitter. In our common kinds, whether white or red, no potatoe is good, unless it has a rough or rusty skin, and no others should be planted. The English whites, with a rough skin, are the earliest and most productive—but the red rusty coats are the best in the Spring.
FORE THOUGHT.
Foreign Articles.
PARIS, JAN. 19.
The winter in Europe has been uncommonly severe; in some places the fruit trees have been destroyed, and many persons have perished.—It has put a stop to labor, & the wretchedness of the poor in consequence has been greatly increased. There are 100,000 indigent persons in Paris, of which number only 5,000 receive benefit from the soup establishment.
LONDON, JAN. 11.
Lady Palmerston has established a Soup Shop, at Rumsey, Hants, from which the Poor are supplied with large proportions, at very moderate prices. This charitable establishment is under the immediate inspection of her Ladyship, who attends the delivery of the soup every day. There is also an institution under the same Patroness, for the education of young girls, where above fifty are instructed in spinning and other acquirements necessary to make them excellent servants; both these liberal institutions are conformable to the plans of Count Rumford.

[It is with the sincerest regret that the Editor is obliged to relinquish the gratification of giving entire to the readers of this Gazette, the elegant SPEECH of Mr. BAYARD, against the repeal of the JUDICIARY BILL;—But its great length renders it impracticable. It has been printed in several place in pamphlets; and in most of the daily and half weekly Gazettes in the Union. This speech gives an able and unanswerable vindication of the federal administration. Occasional extracts will be given from it, for the purpose of refuting certain jacobinical arguments and insinuations. The following closing observations of this speech so clearly and convincingly discuss the important question respecting the right of the judges to determine how far the laws are constitutional, that it would be thought criminal to withhold them from the reader:—]
“UPON the main question,” says Mr. Bayard, “whether the judges hold their offices at the will of the legislature, an argument of great weight and according to my humble judgment, of irresistible force, still remains.
The legislative power of the government is not absolute, but limited. If it be doubtful whether the legislature can do what the constitution does not explicitly authorize; yet there can be no question, that they cannot do what the constitution expressly prohibits. To maintain, therefore, the constitution, the judges are a check upon the legislature. This doctrine I know is denied, and it is therefore incumbent upon me to show that it is sound.
It was once thought by gentlemen who now deny the principle, that the safety of the citizen and of the states, rested upon the power of the judges to declare an unconstitutional law void. How vain is a paper restriction if it confers neither power nor right. Of what importance is it to say Congress are prohibited from doing certain acts, if no legitimate authority exists in the country to decide whether an act done is a prohibited act? Do gentlemen perceive the consequences which would follow from establishing the principle, that Congress have the exclusive right to decide upon their own powers? This principle admitted, does any constitution remain? Does not the power of the legislature become absolute and omnipotent? Can you talk to them of transgressing their powers, when no one has a right to judge of those powers but themselves? They do what is not authorized, they do what is inhibited, nay at every step they trample the constitution under foot; yet their acts are lawful and binding, and it is treason to resist them. How ill, sir, do the doctrines and professions of these gentlemen agree. They tell us they are friendly to the existence of the States; that they are the friends of federative, but the enemies of a consolidated general government; and yet, sir, to accomplish a paltry object, they are willing to settle a principle which, beyond all doubt, would eventually plant a consolidated government, with unlimited power, upon the ruins of the state governments.
Nothing can be more absurd than to contend that there is a practical restraint, upon a political body who are answerable to none but themselves for the violation of the restraint, and who can derive from the very act of violation, undeniable justification of their conduct.
If, Mr. Chairman, you mean to have a constitution, you must discover a power to which the acknowledged right is attached of pronouncing the invalidity of the acts of the legislature which contravene the instrument.
Does the power reside in the states? Has the legislature of a state a right to declare an act of Congress void? This would be erring upon the opposite extreme. It would be placing the general government at the feet of the state governments. It would be allowing one member of the union to control all the rest. It would inevitably lead to civil dissention and a dissolution of the general government. Will it be pretended that the state courts have the exclusive right of deciding upon the validity of our laws?
I admit they have the right to declare an act of Congress void. But this right they enjoy in practice, and it ever essentially must exist subject to the revision and control of the courts of the United States. If the state courts definitively possessed the right of declar-
ing the invalidity of the laws of this government, it would bring us in subjection to the states. The judges of those courts, being bound by the laws of the state, if a state declared an act of Congress unconstitutional, the law of the state would oblige its courts to determine the law invalid.—This principle would also destroy the uniformity of obligation upon all the states, which should attend every law of this government. If a law were declared void in one state, it would exempt the citizens of that state from its operation, whilst obedience was yielded to it in the other states. I go farther and say, if the states or state courts had a final power of annulling the acts of this government, its miserable and precarious existence would not be worth the trouble of a moment to preserve.
It would endure but a short time, as a subject of derision, and wasting into an empty shadow would quickly vanish from our sight. Let me now ask if the power to decide upon the validity of our laws resides with the people. Gentlemen cannot deny this right to the sovereign people. I admit they possess it. But if at the same time it does not belong to the courts of the United States, where does it lead the people? It leads them to the gallows. Let us suppose that Congress, forgetful of the limits of their authority, pass an unconstitutional law.—They lay a direct tax upon one state and impose none upon the others. The people of the state taxed, contest the validity of the law. They forcibly resist its execution. They are brought by the executive authority before the courts upon charges of treason. The law is unconstitutional, the people have done right, but the courts are bound by the law and obliged to pronounce upon them the sentence which it inflicts. Deny to the courts of the U. States, the power of judging upon the constitutionality of our laws, and it is in vain to talk of its existing elsewhere. The infractors of the laws are brought before these courts, and if the courts are implicitly bound, the invalidity of the laws can be no defence.
There is, however, Mr. Chairman, still a stronger ground of argument upon this subject. I shall select one or two cases to illustrate it. Congress are prohibited from passing a bill of attainder; it is also declared in the constitution that “no attainder of treason shall work corruption of blood or forfeiture, except during the life of the party attained.” Let us suppose that Congress pass a bill of attainder, or they enact that any one attainted of treason shall forfeit to the use of the United States all the estate which he held in any lands or tenements.
The party attainted is seized and bro't before a federal court, and an award of execution passed against him. He opens the constitution and points to this line “no bill of attainder or ex post facto law shall be passed.” The attorney for the U. S. reads the bill of attainder.
The court are bound to decide, but they have only the alternative of pronouncing the law or the constitution invalid. It is left to them only to say that the law vacates the constitution, or the constitution avoids the law. So in the other case stated, the heir after the death of his ancestor, brings his ejectment in one of the courts of the U. States to recover his inheritance. The law by which it is confiscated is shewn. The constitution gave no power to pass such a law. On the contrary it expressly denied it to the government. The title of the heir is rested on the constitution, the title of the government on the law. The effect of the one destroys the effect of the other; the court must determine which is effectual.
There are many other cases, Mr. Chairman, of a similar nature to which I might allude. There is the case of the the privilege of Habeas Corpus, which cannot be suspended but in times of rebellion or of invasion. Suppose a law prohibiting the issuing of the writ at a moment of profound peace. If in such case the writ were demanded of a court, could they say, it is true the legislature
were restrained from passing the law, suspending the privilege of this writ, at such a time as that which now exists, but their mighty power has broken the bonds of the constitution, and fettered the authority of the court. I am not, sir, disposed to vaunt, but standing on this ground, I throw the gauntlet to any champion upon the other side. I call upon them to maintain, that in a collision between a law and the constitution, the judges are bound to support the law, and annul the constitution.—Can the gentlemen relieve themselves from this dilemma? Will they say, tho' a judge has no power to pronounce a law void, he has a power to declare the constitution invalid?
The doctrine for which I am contending, is not only clearly inferable from the plain language of the constitution, but by law has been expressly declared and established in practice since the existence of the government.
The 2d section of the 3d article of the constitution expressly extends the judicial power to all cases arising under the constitution, the laws, &c. The provision in the 2d clause of the 6th article leaves nothing to doubt. “This constitution and the laws of the U. States which shall be made in pursuance thereof, &c. shall be the supreme law of the land.” The constitution is absolutely the supreme law. Not so of the acts of the legislature—Such only are the law of the land as are made in pursuance of the constitution.
I beg the indulgence of the committee one moment, while I read the following provision from the 25th sect. of the judicial act of the year 1789; “A final judgment or decree in any suit in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the U. States, and the decision is against their validity, &c. may be re-examined and reversed or affirmed in the supreme court of the United States upon a writ of error.”—Thus, as early as the year 1789, among the first acts of the government, the legislature explicitly recognized the right of a state court to declare a treaty, a statute, and an authority exercised under the United States void, subject to the revision of the supreme court of the United States; and it has expressly given the final power to the supreme court to affirm a judgment which is against the validity either of a treaty, statute, or an authority of the government.
I humbly trust, Mr. Chairman, that I have given abundant proofs from the nature of our government, from the language of the constitution, and from legislative acknowledgement, that the judges of our courts have the power to judge and determine upon the constitutionality of our laws.
Let me now suppose that in our frame of government the judges are a check upon the legislature; that the constitution is deposited in their keeping. Will you say afterwards that their existence depends upon the legislature; that the body who they are to check has the power to destroy them? Will you say that the constitution may be taken out of their hands, by a power the most to be distrusted because the only power which could violate it with impunity? Can any thing be more absurd than to admit, that the judges are a check upon the legislature, and yet to contend that they exist at the will of the legislature? A check must necessarily imply a power commensurate to its end. The political body designed to check another must be independent of it, otherwise there can be no check. What check can there be when the power designed to be checked can annihilate the body which is to restrain it?
I go farther, Mr. Chairman, and take a stronger ground. I say in the nature of things the dependence of the judges upon the legislature, and their right to declare the acts of the legislature void, are repugnant and cannot exist together. The doctrine, sir, supposes two rights—first the right of the legislature to de-
stroy the office of the judge, and the right of the judge to vacate the act of the legislature. You have a right to abolish by law, the offices of the judges of the circuit courts. They have a right to declare your law void. It unavoidably follows in the exercise of those rights, either that you destroy their rights, or that they destroy yours. This doctrine is not an harmless absurdity, it is a most dangerous heresy. It is a doctrine which cannot be practised without producing not discord only, but bloodshed. If you pass the bill upon your table the judges have a constitutional right to declare it void. I hope they will have courage to exercise that right; and if sir, I am called upon to take my side, standing acquitted in my conscience and before my God, of all motives but the support of the constitution of my country, I shall not tremble at the consequences.
The constitution may have its enemies, but I know it has also its friends. I beg gentlemen to pause before they take this rash step. There are many, very many who believe if you strike this blow, you inflict a mortal wound on the constitution. There are many now willing to spill their blood to defend that constitution. Are gentlemen disposed to risk the consequences? Sir, I mean no threats. I have no expectation of appalling the stout hearts of my adversaries; but if gentlemen are regardless of themselves, let them consider their wives and their children, their neighbours and their friends. Will they risk civil dissention; will they hazard the welfare, will they jeopardize the peace of the country, to save a paltry sum of money, less than thirty thousand dollars.
Mr. Chairman, I am confident that the friends of this measure are not apprised of the nature of its operation, nor sensible of the mischievous consequences which are likely to attend it. Sir, the morals of your people, the peace of the country, the stability of the government, rest upon the maintenance of the independence of the judiciary. It is not of half the importance in England, that the judges should be independent of the crown, as it is with us, that they should be independent of the legislature. Am I asked, would you render the judges superior to the legislature? I answer no, but co-ordinate. Would you render them independent of the legislature? I answer yes, independent of every power on earth, while they behave themselves well. The essential interests, the permanent welfare of society require this independence. Not, Sir, on account of the judge: that is a small consideration, but on account of those between whom he is to decide. You calculate on the weaknesses of human nature, and you suffer the judge to be dependent on no one left he should be partial to those on whom he depends. Justice does not exist where partiality prevails. A dependent judge cannot be impartial. Independence is therefore essential to the purity of your judicial tribunals.
Let it be remembered, that no power is so sensibly felt by society, as that of the judiciary. The life and property of every man, is liable to be in the hands of the judges. Is it not our great interest, to place our judges upon such high ground, that no fear can intimidate, no hope can seduce them? The present measure humbles them in the dust, it prostrates them at the feet of faction, it renders them the tools of every dominant party. It is this effect which I deprecate, it is this consequence which I deeply deplore.—What does reason, what does argument avail, when party spirit presides? Subject your bench to the influence of this spirit, and justice bids a final adieu to your tribunals.—We are asked, sir, if the judges are to be independent of the people? The question presents a false and delusive view. We are all the people. We are, and as long as we enjoy our freedom, we shall be divided into parties. The true question is, shall the judiciary be permanent, or fluctuate with the tide of public opinion? I beg, I implore gentlemen to consider the magnitude

and value of the principle which they are about to annihilate. If your judges are independent of political changes, they may have their preferences, but they will not enter into the spirit of party. But let their existence depend upon the support of the power of a certain set of men, and they cannot be impartial. Justice will be trodden under foot. Your courts will lose all public confidence and respect.
The judges will be supported by their partisans, who in their turn will expect impunity for the wrongs and violence they commit. The spirit of party will be inflamed to madness; and the moment is not far off when this fair country is to be desolated by civil war.
Do not say that you render the judges dependent only on the people. You make them dependent on your President. This is his measure. The fame tide of public opinion which changes a president, will change the majorities in the branches of the legislature. The legislature will be the instrument of his ambition, and he will have the courts as the instrument of his vengeance, he uses the legislature to remove the judges, that he may appoint creatures of his own. In effect, the powers of the government will be concentrated in the hands of one man, who will dare to act with more boldness, because he will be sheltered from responsibility. The independence of the judiciary was the felicity of our constitution. It was this principle which was to curb the fury of party upon sudden changes. The first moments of power, gained by a struggle, are the most vindictive and intemperate. Raised above the storm, it was the judiciary which was to controul the fiery zeal, and to quell the fierce passions of a victorious faction.
We are standing on the brink of that revolutionary torrent, which deluged in blood one of the fairest countries of Europe.
France had her national assembly, more numerous and equally popular with our own. She had her tribunals of justice, and her juries. But the legislature and her courts were but the instruments of her destruction. Acts of proscription and sentences of banishment and death were passed in the cabinet of a tyrant. Prostrate your judges at the feet of party, and you break down the mounds which defend you from this torrent. I am done. I should have thanked my God for greater power to resist a measure so destructive to the peace and happiness of the country. My feeble efforts can avail nothing. But it was my duty to make them. The meditated blow is mortal, and from the moment it is struck, we may bid a final adieu to the constitution."
Portland, MONDAY, APRIL 5, 1802.
ATTEND!
THIS DAY you are called upon to exercise the noble privilege of electing your rulers. It is a duty you owe your country to spare a few moments of your time to this all important right. This day will be determined the momentous question, whether the people of this Commonwealth adhere to the found maxims of their ancestors, or have embraced the destructive principles of modern philosophy. Those who subscribe to the arrogant pretensions of the self-styled ancient dominion, and are ready to see the New-England States become satellites to proud Virginia, will not vote for Mr. STRONG as Governor, for he is a warm friend to the national constitution, which is predicated upon the equal rights of the States.
Those who love their country, who consider the Federal Constitution its best protection, who with well to its Commerce and Fisheries, and all the numerous trades which depend thereon, will this day give their votes for CALIB STRONG as Governor—for he affixed to frame that constitution—he espoused its cause in the State Convention—and he in Congress advocated the laws which have made their country rich and prosperous.
Citizens, the National Constitution is to be preferred by the National Minority, as it is called. Those now in power have ever hated and opposed those measures which have made us a nation—They dare not openly and avowedly destroy the Constitution, but they are taking the more sure way, they are undermining it—they will with its downfall, and will effect it. Can the Ethiopian change his skin? Can an Antifederalist love the Constitution? The same monosyllable will answer both questions.—Citizens! Governor STRONG has been tried in the balance and not found wanting—When troubles come, he will be an able and willing instrument of protection to you—Attend and give your suffrages.—Say not you cannot leave your business fifteen minutes; and that after the hour of leaving your business is insufficient—I need not mention that the names of Edward H. Robbins as Lieutenant-Governor—Wendell Berry and John Cushing as Senators, will be associated with that of Caleb Strong as Governor, by every FEDERALIST.
It appears by an arrival at New-York, that the Definitive Treaty between France and Great Britain, was not concluded on the 20th February.
A gentleman from Washington, on whose correctness we can rely, informs us, that he is well assured that the government has received official information of the cession of Louisiana to the French, and that part of the forest sent out by the West-India fleet is destined for that place. [Gaz. U. S.]
BALTIMORE, MARCH 24. Extract of a letter from a member of Congress to a merchant in this City, dated the 22d inst.
"Every dispute with Great Britain is at an end. I know not the precise sum we are to pay, but believe it to be £600,000 sterling, payable in 2 years; that is, one third down, and one third annually. Do not be alarmed at this, we are ready to meet and pay every claim, and yet repeal the internal taxes."
"An amendment to the old Judiciary System will be before the Senate tomorrow, perhaps to day; by which the supreme judges will each have a circuit court designated, over which he will preside; and by which the same courts will be held, without additional judges that were ordered under the last law."
ST. DOMINGO. Capt. Grafton, arrived at Baltimore, from Nicholas Moie, says it surrendered to the French at the first summons; that Toussaint was in the mountains with 1000 adherents, and surrounded by 20,000 French troops.
Capt. Thomas, who arrived at Baltimore, from Cape Francois, and who sailed from thence March 4, informs that the boat and seamen of the American vessels, were constantly in requisition, those men who objected were compelled to serve—and from 70 to 100 were continually employed.
The French frigate Necessity arrived at Philadelphia, on the 23d ult. in 16 days from Cape Francois, to procure, (as it is supposed) a cargo of provisions. An armistice of a few days has been agreed to in St. Domingo—and if it did not produce the submission of the negroes, the most active war was to be pursued.
"IS HE HONEST?"
Jefferson's Inaugural Speech. David Howe, Esq. late post master at Calais, has been removed from office, and GEORGE TYLER, appointed to succeed him.
Mr. Howe is universally known and acknowledged to be a man of reputable character, perfectly correct in his morals, and of great candor and moderation in his political sentiments.
For the character of his Successor, we advise Mr. Jefferson's "man Gile," to enquire of the inhabitants of the Island on which he has resided, previous to his appointment—of the leading characters in the Legislature of Massachusetts, both federal and antifederal—of the bona fide citizens in the town of Boston, where he was born, federal and antifederal—of General Dearborn the last proprietor of opinions and appointments in the District of Maine—and of the records of the District Court of Maine, by a judgment of which he is now disqualified from holding any office under the United States—unless seven years have expired since he was convicted of cheating the federal Government.
Gen. Dearborn can give proper answers to most of these enquiries, as he was Marshal of this District, at the time this frim and confant of the new administration, was brought to the bar of public justice.
It is said, that since the dismissal of Mr. Howe, the respectable part of the community in that vicinity, do not choose to risk their letters in that office, but send them to Buckston, for a more safe conveyance.
Edward St. Loe Livermore, Esq. is removed from the office of Naval officer at Portsmouth, to make room for Nathaniel Folsom, Esq. one of the "fect" which "feels power, and forgets right."
Commodore Truxton, is said to have resigned his commission in the navy.
In this town by the Rev. Mr. Kellogg, Deacon William Jenks, to Mrs. Sally Freeman.
At Winthrop, Mr. John Parfley, of Bath, to Miss Terasia Clark.
At Bath, Humphrey Parrington, Esq. to Miss Sally Higgins—Mr. Thomas Whitney to Miss Abigail Starboard, of Topsham.
At Boston, Mr. John Livingston, to Miss Abigail Shedd—Mr. Ebenezer Herring to Miss Nancy Call.
DIED. At Brunswick Mrs. ELIZABETH DUNNING, in the 62d year of her age—widow of the late Andrew Dunning, Esq.—In her were united the affectionate mother, faithful friend, and charitable christian. Her illness was long and tedious, which bore with that patience wherein the christian character is exemplified, and closed the last moments of her existence with a firm reliance on Jesus Christ for salvation.
On his passage from Demarara, Mr. DANIEL DUNLAP, aged 22, son of John Dunlap, Esq. of Brunswick. At Philadelphia, an INDIAN CHIEF, of the Shawanese tribe.
At Boston Mr. BENJAMIN COBB, merchant, aged 42.—Mr. BENJAMIN WAITE, aged 54.—Mrs. ALICE HOOPER, aged 25.
SATURDAY, April 5, Arrived brig Fortune, capt. Daniel Bagley, 40 days from Trinidad.—Left there, ship Samson, capt. Tibbetts, of Portsmouth; brig America, Dornton, Kennebec; schooner Hero, Savage, Portsmouth; ship Scituate, Soward, Cape Ann; schooner Hope, Merrill, Salsbury; schooner Mary, Austin, Bath.—Left at the Vineyard, brig Sally, Tuttle, Portsmouth, which had run ashore.—The schooner Union, capt. Rogers, of Cape Ann, from St. Thomas, was cast away on Elizabeth Island, 28th ult. vessel and cargo lost.—The ship Ocean, capt. Snow, of this port, was at Tarpoling Cave, when capt. Bagley left the Vineyard.
Arrived at Bath, on the 24th inst schooner Fortune, owned by Capt. John Dunlap, of Brunswick.—While the vessel lay at anchor in Demarara, the mate was unfortunately drowned, in attempting to save the boy; and on their homeward passage, the master and a son of Capt. Dunlap, died with a fever, in the latitude of Bermuda. The vessel was then left in the care of a man and two boys, who were totally unacquainted with navigation.—They however pursued the course which the master a short time before his death gave them, and made Block-Island.—They soon after fell in with a Vineyard Pilot, who conducted them safely into Kennebec River.
Portland Academy.
THE Trustees of the Portland Academy, are hereby notified that there next semi-annual meeting, will be held at the Subscribers Dwelling House in Portland on Wednesday the 14th inst. at ten o'clock in the forenoon. SAMUEL FREEMAN, Secretary.
Portland, April 3d, 1802.
THE subscribers respectfully inform the public, that they have lately formed a connection in business, under the firm of
Croft & Trask, and have lately received a general variety of English & Hardware Goods, which they offer on the most reasonable terms for cash or approved credit, at their store in Forest-street.
Also, a general assortment of West-India Goods. JOSEPH CROSS, SAMUEL TRASK. Portland, April 5, 1802.
Wholesale and Retail Store, No. 4, Mussey's Row, Portland,
Greeley & Fletcher,
INFORM their friends and the public, that they have constantly for sale, a large and handsome assortment of English, India, and Fancy Goods, which they are selling on the lowest terms by the bale piece, or else quantity.—Constant attendance, and every favor acknowledged. April 5.
Patent Nails.
FOR SALE, by JOHN JENKS, at No. 6, Jones' Row, Fifth street, 4d, 6d, 8d, 10d, and 20d, Patent NAILS, of an excellent quality —Also one cask sheathing Ditto.
The above will be sold at the Factory prices, and by the cask only—A constant supply will be kept by said JENKS. April 5. (bw)
For Sale.
A few Bales of INDIA COTTONS, very cheap, by ABIAH CHEEVER No. 1, Mussey's Row, Portland, April 5.
Removal.
SIMON DEARBORN, informs his friends and the public, that he has removed from his Shop in Middle street, and taken a temporary stand in the chamber over A. Cheever's store, No. 1, Mussey's Row —where he carries on the TAILORING BUSINESS in all its branches.—Every favor strictly attended to. Portland, April 5.
To Let,
A Small BAKE-HOUSE, near the center of the town—Inquire of the Printer. April 5.
Lands for Sale.
FOR Sale, in Gorham, one hundred and thirty acres of excellent Land, about one mile from the Corner, so called, on the road leading to Standish.—Also, Seventy acres in the upper part of said town; being the ministerial lands.—For terms, apply to STEPHEN LONGFELLOW, or WILLIAM M'LELLAN. Gorham, March 30, 1802.
A Farm for Sale.
AN excellent new Farm for sale, containing one hundred acres of Land, with a decent House and Barn thereon—situated in the prosperous and flourishing town of Bethel , on the great road to Augusta Bridge, within four miles of Sandy Beach, which is the center of the town, where an Academy is about to be erected; and which from its secure and capacious harbour, surrounded with an extensive fertile country, promises soon to become one of the first seats of business in the District of Maine. The soil of said farm is of the first quality—has produced between two and three tons of hay to the acre; it is fed and prepared for a great crop of grain and other produce the ensuing season. It is a good seat for a Tavern or for a Trader. For further particulars inquire of the subscriber on the premises. ISAAC THOMPSON. Bethel, March 23, 1802.
To be Sold,
Near the Landing at Broad Cove, Northarmouth, on very reasonable terms.
EIGHT LOTS of GOOD LAND—from 12 acres to 80; two of them have Barns and other buildings, and a considerable part of the different Lots are in a high state of cultivation.—Inquire of the Printer. April 5.
To be Sold,
And immediate possession given, A FARM situated in Livermore, containing nearly Seventy acres of excellent Land, under good improvement, with Buildings in good repair. Said farm will be sold at a reduced price, for cash in part and good security for the remainder in one or two years—For further information apply to the subscriber near the premises. DAVID LEARNED. Livermore, March 25, 1802.
A stray Cow and Calf.
TAKEN up, a red and white stray COW, which now has a Calf.—The owner may have both Cow and Calf by applying to the subscriber, and paying charges. MARY SMITH. Portland, April 5, 1802.
AT A COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, HOLDEN AT PORTLAND, WITHIN AND FOR SAID COUNTY, ON THE THIRD TUESDAY OF FEBRUARY, A. D. 1802.
ON the petition of JOSEPH HICKS, and JASPER MARTIN, of North Yarmouth, and THOMAS PAINE, of Freeport, in said county, shewing, That they are interested with the Heirs of JEREMIAH POWELL and others to them unknown, in a parcel or tract of land containing two hundred and eighty acres, being lot number eleven, situated in the Gore in said North-Yarmouth, and lying in common and undivided in the following proportion, dividing the same into nine shares:—Joseph Hicks one share and an half; Jasper Martin one share, and Thomas Paine one half of a share;—that they are desirous of holding and enjoying their respective parts and shares in severality, and therefore praying this Court that they would order partition thereof to be made, and their several parts and shares set off and divided from the rest, agreeably to a law of this Commonwealth in such cases made and provided.
ORDERED—That the Petitioners cause the several persons interested in said estate and living within the State, or the Attorneys of such as are absent and have attorneys residing within the State, to be duly notified of said petition, by serving them personally with a copy thereof, or leaving a copy at their dwelling house or last place of abode, or by inserting the substance of the same three weeks successively in one or more of the public Newspapers, that they may have opportunity to make their exception to this Court on the third Tuesday of June next, to their granting the same. Attest, SAMUEL FREEMAN, CLERK.
AUCTIONS.
TOMORROW, 11 o'clock, A. M.
Will be Sold at DAVID PEASE'S Auction-Room, Forest-street.
A Valuable invoice of GOODS—
consisting of Fine and coarse Broadcloaths, Cassimeres, Serges, and Swansdowns, of various colors and stripes, Counter Panes, Copperplates, Linens and India Cottons, Bandanna and Sefutay Handkerchiefs, India and English Shawls, 2 pair Blankets, 1 Rug, Long and short Leather Gloves, 2 pair Shovels and Tongs, 2 Watches, 1 Ledger, containing 6 quires—few pages written Seamen's Clothing—with various other Goods. Portland, April 5.
On THURSDAY, the 15th inst.
At Ingraham's Wharf, 11 o'clock, A. M.
Schooner Friendship, 23 tons burthen, Sloop Rambler, 9 tons do. Boat Hope, 13 tons Schooner Ranger, 9 tons Boat Bird, 9 tons. Conditions of sale known at the sale. Edward Oxnard, Auctioneer. Portland, April 5.
Wanted,
A MASTER for one of the public Schools in Portland. The person must at least be qualified to teach writing, reading, arithmetic and English grammar; and must have the legal recommendations.—Applications may be made in writing to WILLIAM SYMMES, Chairman of the School Committee. Portland, April 5, 1802.
Wanted,
TWO or three Journey men, and one or two Apprentices to the SHOEMAKING BUSINESS.—Apply to JOHN & SETH PHILLIPS, oppo. site Jones' Row, Fore street. Portland, April 5.
THE subscribers, having been duly appointed commissioners by the Hon. William Gorham, Judge of Probate for the county of Cumberland, to receive and examine the claims on the estate of THOMAS ARNALD, late of Portland, mariner deceased, represented insolvent, hereby give notice to the creditors to said deceased, to bring in their claims to us the said commissioners, who will attend said business at the office of Ebenezer Mayo, Esq., Fifth-Street, Portland the first Mondays of May, June, and July next, from 3 to 6 o'clock P. M. DANIEL TUCKER, EBENEZER MAYO, WILLIAM CRABTREE. Portland, April 30, 1802.
THE subscriber hereby gives notice to all concerned, that having been duly appointed administrator on the estate of JOHN VEAZIE, jun. late of Portland, in the county of Cumberland, mariner, deceased, has taken upon him that trust, and given bond as the law directs: He therefore requests all persons who are indebted to said deceased's estate, to make immediate payment; and those who have any demands thereon to exhibit the same to the Commissioners appointed to examine them JAMES GARDNER. Portland, March 24, 1802.
WE the subscribers, appointed by the Hon. William Gorham, Esq. Judge of Probate for the county of Cumberland, Commissioners to receive and examine the claims on the estate of JOHN VEAZIE, jun. late of Portland, in said county, mariner, deceased, represented insolvent, and six months being allowed for that purpose—hereby give notice, that we shall meet at the dwelling-house of JOHN VEAZIE, in Portland, on the second Tuesday of April, and the five following months, from five until eight o'clock, P. M. where all persons who have claims, are desired to exhibit them. JOHN THRASHER, DANIEL COBB, RUFUS WASHBURN, Commissioners. Portland, March 24, 1802.
Letters
Remaining in the Post-Office, WISCASSET, April 1, 1802.
 ABOT Stephen Wiscasset.  Albie Polly Do.  Alby William Do.  Allen Deby Do.  Bowman Jonathan, jun. Damariscotta.  Baker Daniel, capt. Wiscasset.  Burbank Joseph Do.  Curry John Do.  Colby Suffannah Do.  Creamer Edward, Dr. Boothbay.  Cushman Job Wiscasset.  Capen Mr.  Cunningham capt. Lincoln.  Fairs Anna Wiscasset.  Gitchell John Do.  Hurley Daniel Do.  Hopkins Michael, capt. Do.  Hylom John Do.  Hanson Robert Woolwich.  Hill Hannah Wiscasset.  Jewett James Do.  Kennedy James, capt. Do.  Knights Nathaniel Boothbay.  Kelia James, M. Wiscasset.  Loomis Samuel Edgecumbe.  Larrance Asa Kennebec.  Leeman Samuel Woolwich.  Mosier James Wiscasset.  Major Richard Damariscotta.  Mead Benjamin Wiscasset.  Ott Nancy Do.  Perkins Robert Woolwich.  Peters Andrew Wiscasset.  Roberts George Do.  Ranlet Jacob Do.  Roberts Moses Do.  Stinson Stephen Woolwich.  Stinson Samuel Do.  Sinclair James Damariscotta.  Shovey Jonathan Wiscasset.  Stevens Moses Do.  Smith Caleb Do.  Shove John Do.  Toby William Bath.  Tibbetts Nathaniel Woolwich.  Thwing Nathaniel Do.  Tuck Mr. Wiscasset.  Young Levi Do. 

Postscript All revivings, disrespects, and opposition to the constituted authorities, are highly treasonable. "THE FARMER." Also, the Attorney General of the United States
A NEW SONG. Ye lovers of whidney, ye friends of the people, Ye dumb egotistical declaimers to able, Whole floury confounds, and conv-nce the nation, Producing such vivid, and ear demonstration; Ye highly esteemed lawgivers attend To the legal advice of a cousin and friend— I'll tell you the law that must govern the nation, In respect to our new doctrine, Ryl'd "opposition."
When we noble Democrats made opposition, To the laws of the Union, 'twas only sedition; 'Twas lawful and right in us to declare, Against federal measures, and men, open war— It was just and praiseworthy in us to declare, Ev'ry great and pre eminent federal name; But now we contend, in the new school, with reason, That all "disrespect and reviling is 'contempt.'" And that DEATH should accompany all "opposition," To the present INFALLIBLE ADMINISTRATION. [Spettator]
Agricultural. Communicated for this Gazette, by a correspondent at the westward.
The Editors of newspapers and almanacks, are requested to publish the following. To raise fruit and forest trees by a rapid growth, dig the holes for setting the trees at least one foot larger every way than the roots extend, let part of the earth thrown into the holes be richer than that which was taken out, and the whole be well pulverized; the first tender shoots from the roots pulling into the earth, thus enriched and made soft, will have a quick and strong growth, and thereby penetrate the more solid earth with vigour. No grass, or weeds, or any vegetable, should grow near the tree to rob its roots of nourishment; and the ground must be hoed two or three times in the summer, five or six feet every way from the tree, until it has attained a proper growth.
By such culture, trees will often grow as large in six or seven years as they commonly do in twenty, in the usual practice of setting them in a small hole, with few and crowded roots, and the grass permitted to form a fward round them. Indeed great numbers die before they come to maturity, and the labour of the farmer is lost. Few trees ever attain a large growth that were not properly cultivated while young. The farmers often lose ten times the expense of a proper cultivation, in fruit, and in timber, besides waiting many years longer for the produce.
An attention to this subject becomes every year more important as many old orchards are in decay, & forest trees decrease in most of the old towns. Nothing more strongly marks the improvidence of farmers, than their neglect to preserve and cultivate trees. By planting forest trees, thick in double or treble rows, they will form a good fence, and also produce much wood and timber. If a more active attention shall not be paid to this subject in future, the next generation (and some of the present) must greatly suffer.
TO BE SOLD AT AUCTION, On FRIDAY, 9th 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—Also 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.
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. (6w) A true Copy. Attest—JOHN AVERY, Sec'y.
The Art of Reading, A new and valuable School Book, by Daniel Staniford, for sale by JENKS & CLARK, per doz. or single.
Miniature Painting. J. ROBERTS, begs leave to return his thanks to the Ladies and Gentlemen of Portland, for the liberal encouragement he has met with in the line of his profession; and informs them that in a few days he intends to embark for the West Indies;—that during his short stay should three or more persons apply at one time, he will paint miniatures at the reduced price of Ten Dollars. His Lodgings are at Mr. BEEMAN'S, Fore-street. March 29.
THE Letters of SHAHCOOLEN a Hindoo Philosopher, Residing in Philadelphia, to his friend EL HASSAN an inhabitant of Delhi—price 87 1/2 Cents—Just received for sale at the Bookstore of JENKS and CLARK. March 29, 1801.
Just received, a New Supply of The Village Harmony, at the Book-Store of Jenks & Clark.
Wanted, As an Apprentice to the APOTHECARY Business an active Lad, about Fourteen years old.—Inquire of the Printer. March 22.
To be Let, A Very convenient DWELLING HOUSE, near the center of the town.—Inquire at this office. March 15.
Convenient Boarding FOR six or eight Gentlemen, may be had in a well situated place near the center of the town. Inquire at this office. March 15.
FOR SALE, By M'Lean & Brown, SWEDE'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. Also, 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.
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)
Lands For Sale. THE following lots in Standish, No. 24, 57, and 58, in the second division, generally known by the name of Elliot's Lots—No. 57 and 58 are on that part of 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 Penobscott Claim. JOB LANE. Penobscott Claim, March 8. (-33)
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 JONATHAN ELLIS. March 8.
RANAWAY from the subscriber, an indentured Apprentice by the name of WILLIAM BATANT, aged about nineteen years—slender make, with sandy coloured hair—I do hereby forbid all persons harboring 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. FRANCIS OSGOOD. Portland, March 18, 1802
Wax-Work.
MOULTHROP & STREET, respectfully acquaint the Ladies and Gentlemen of Portland and its vicinity, that they have just opened, at Cutter's Columbian 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 Domestics 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 Honoria, before his execution.—Mrs. Siddons, in the character of the Grecian Daughter, receiving 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 Newbourn Beauty.—The Newfoundland Beauty.—The Litchfield Beauty.—Mungo 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.
Wanted, BY the Surveyors of the Highways of the town of Portland, TWO YOKE OF OXEN, and Two CARTS—Apply to JOHN MUSSET. March 19.
CUMBERLAND, ff.—TO THE HONORABLE THE JUSTICES OF THE SUPREME JUDICIAL COURT, NOW HOLDEN AT PORTLAND, WITHIN AND FOR THE COUNTY OF CUMBERLAND, ON THE THIRD TUESDAY OF SEPTEMBER, A. D. 1801.
BE it remembered, that BETSY HALE, of Portland, aforesaid, comes into Court, complains and gives the said Court to understand, that on the 30th day of November, in the year of our Lord 1793 she was lawfully joined in marriage with BROADSTREET HALE, of said Portland, Soap-boiler; that she has constantly conducted herself since her marriage like a faithful and affectionate wife;—but that the said Broadstreet, regards less of his marriage vow and of the duties of a faithful husband, on the first day of February last, at said Portland, committed the crime of Adultery with one SALLY SHAW, the wife of SAMUEL SHAW, of said Portland, Mariner; and hath wholly abandoned your Libelant and his family, and hath gone to places unknown with said Sally, and still lives in Adultery with the said Sally Shaw.—Your Libelant therefore prays that the bond of matrimony between us the said Betsy and the said Broadstreet Hale, may be decreed to be dissolved; and that she may be allowed her reasonable Alimony or Dower, according to the statute in such cases made and provided. DANIEL DAVIS, Attorney to Libelant.
AT THE SUPREME JUDICIAL COURT, OF THE COMMONWEALTH OF MASSACHUSETTS, BOUND AND HOLDEN AT PORTLAND, WITHIN AND FOR THE COUNTY OF CUMBERLAND, ON THE THIRD TUESDAY OF SEPTEMBER, A. D. 1801. ON the Libel of Betsy Hale, whereof the foregoing is a copy, the Court order—that the Libelant give notice thereof by publishing the same three weeks successively in the New England Palladium, and Portland Gazette, the last publication to be three weeks before the next Supreme Court which is to be held at Portland, within and for the county aforesaid, on the third Tuesday of May next. Attest, SAMUEL FREEMAN, Clerk.
TO THE HON. THE JUSTICES OF THE COURT OF COMMON PLEAS HOLDEN AT WARREN, IN AND FOR THE COUNTY OF LINCOLN, ON THE SECOND MONDAY OF JANUARY, A. D. 1802.
JOHN YOUNG of Pownalborough, in the county of Lincoln, yeoman, respectfully shews, that he is seized and possessed as tenant in common with others to him unknown, of one undivided third part of a certain tract, parcel, or lot of Land, lying in said Pownalborough, or Yeswankie Neck, so called, containing one hundred and twenty acres more or less; being Lot number twenty-nine, and bounded fourth-easterly by Montseag river, north-easterly by lot number twenty-eight, north-westerly by land owned by William Hiltton, and south-westerly by lot number thirty;—and that said Young being desirous of having and holding his particular part, share or portion of said lot of land, prays that the said lot of land may be divided as equitably to the law in such case made and provided; and that his said one undivided third part may be assigned and set off to him, so that he can have, hold and enjoy the same in severalty. JOHN MERRILL, jun. Attorney to Petitioner.
LINCOLN, ff.—AT A COURT OF COMMON PLEAS HOLDEN AT WARREN, IN AND FOR THE COUNTY OF LINCOLN, ON THE SECOND MONDAY OF JANUARY, BEING THE ELEVENTH DAY OF SAID MONTH, A. D. 1802.
ON the petition of JOHN YOUNG, of Pownalborough, for partition, &c. as above—Ordered, that the Petitioner notify all persons concerned in said tract of land to appear at the next term of this Court, by publishing an attested copy of the Petition aforesaid, and this order thereon in the Portland Gazette, printed by E. A. Jenks, three weeks successively, the last publication to be three weeks before the next term of this Court, to show cause, if any they have, why the prayer of the petition should not be granted. A true copy of Petition, and order thereon. Attest, ALDEN BRADFORD, Clerk.
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, slates, 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 rafted 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. Belfast, Dec. 1801. Aaron Porter, George Thatcher, Jere Hill, Prentiss Mellen, Benjamin Nason, Ichabod Fairfield, Samuel Pierson, Edmund Collins.
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 Subscribers hereby give notice to all concerned, that having been duly appointed Administrators on the Estate of THOMAS ARNOLD, late of Portland, in the county of Cumberland, Mariner, deceased, they have taken upon themselves 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 them. LEMUEL WEEKS, RACHEL ARNOLD. March 27, 1802.
THE Subscribers hereby give notice to all concerned, that having been duly appointed administrators on the Estate of BELEG THOMPSON, late of Harpswell, in the county of Cumberland, mariner, deceased, has taken upon him that trust, and given bond as the law directs. He therefore requests all persons who are indebted to said deceased's estate, to make immediate payment; and those who have any demands thereon, to exhibit the same to STEPHEN PURINTON. March 29
THE Subscribers hereby give notice to all concerned, that having been duly appointed administratrix on the estate of JOSEPH HANSCOM, late of Gorham, in the county of Cumberland, corn-wainer, 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 POLLY HANSCOM. Gorham, March 22.
THE Subscribers hereby give 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.
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 10th 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, PAUL LITTLE jun. Commissioners. Windham, March 17, 1802.
THE Subscribers, having been duly appointed by the Hon. William Gorham, Esq. Judge of the Probate of Wills, &c. for the county of Cumberland, Guardians to ELIJAH TUTTLE, of Northumberland, in said county—who by the selection of said town has been adjudged a Spendthrift—hereby caution all persons against trading with him; and those who may be indebted to him, against paying any thing to him; but all such persons are requested to make payment to us; and those who have any demands against said Spendthrift, are also requested to bring in the accounts to us. STEPHEN D. HARRIS, DAVID PRINCE, Guardians. Northumberland February 10, 1802.
THE Subscribers hereby give notice to all concerned, that the 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 the subscriber has been duly appointed Administratrix of the estate of THOMAS FARNHAM, late of Bath, in the county of Lincoln, Mariner, deceased, and has undertaken that trust by giving Bond as the law directs:—All persons, therefore, having demands against said estate, are requested to exhibit the same for settlement; and all indebted to said estate, are desired to make immediate payment. ELIZABETH FARNHAM, Administratrix. Bath, February 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, SAMUEL BROWN, Commissioners. Thomaston, Feb. 10, 1802. (Mar. 15)
THE Subscribers hereby give notice to all concerned, that having been duly appointed Executors 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 settling accounts the first and third Tuesdays of the three following months, at the house of the deceased. (3m) Turner, January 25, 1802.
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