Portland gazette, and Maine advertiser (Portland, Me.), 1806-06-16 00:00:00

PORTLAND GAZETTE, And Maine Advertiser.
[Two Dollars per Annum]
PORTLAND (MAINE) Published by ADAMS & JENKS, at their Printing-Office, No. 7, Fish-Street.
[Payable Half-Yearly.]
No. 9 of Vol. IX.]
MONDAY, JUNE 16, 1806.
[Whole No. 425.]
Legislature of Massachusetts.
The following is an outline of the debate in the Senate, on the motion of Mr. Gore, which referred to the votes of Ilseborough. Mr. Gore moved that the votes for Caleb Stoon, or Caleb Stron, as he was convinced it was, should be taken from the column of scattering votes, and placed in the column of Caleb Strong.
Mr. Gore observed that in making this motion, he was governed by this principle; that in examining the votes returned for Governor and Lieutenant Governor, there were certain constitutional requisitions, which were essential in the returns; that when these existed, and a question arose merely from the deficiency or transposition of a letter, or any imperfection in the character itself, the Senate were sacredly bound to govern themselves by the evident intention, of the person who makes out the return. That from inspecting the manuscript, as well as from other circumstances, which he stated as confirming the evidence afforded by the record itself, he conceived, in the present instance there could be no doubt,—and that the return was undoubtedly intended for Caleb Strong.
Mr. Titcomb rose to give a statement, as chairman of the committee, appointed, to examine the votes, of certain facts relating to returns from several towns. In the return then under consideration, there were votes given for Caleb Stron, in another, for Caleb Strong. He enumerated 31 towns, in which the name of Mr. Sullivan had been variously spelt, amounting to upwards of 19 hundred votes. Some of them were for James Sullivan. They were however inserted in the column for James Sullivan; and he had voted in favour of it, on the principle mentioned by the Honourable gentleman from Suffolk, which he had ever understood, heretofore to be the rule of conduct in similar cases; that the evident intention ought to be regarded.
He added that he had endeavoured to obtain of the Honourable gentlemen, associated with him on the Committee, before they proceeded to examine the returns, to establish some general and fixed principles, by which they should be governed in all cases wherever they might apply; that the majority of the committee would not agree to this proposal, but would and did first put the several towns in classes of different descriptions, and then deliberated respectively on the propriety of receiving or rejecting such and such classes.
Dr. Hill rose and stated that finding a number of the returns deficient in the spelling of the names of the candidates, the committee had referred to the records of the Honourable body for precedents—that they had found, and it seemed to be admitted by all the members of the committee that where the letters conveyed the essential sound they ought to be admitted—that when they did not, they had been uniformly rejected. He was of opinion that the letters in the votes given for Caleb Stron did not make a name near enough to that of Caleb Strong to be certainly intended for him. He added that the letters appeared to him not to be s, t, r, o, n; but s, t, r, o, n, and that certainly no member of that honourable board could trace, in this, a very near resemblance to Strong.
Mr. Phillips (of Suffolk) began by observing that he considered the duty which it now devolved on that body to discharge as being of a very critical and important nature, a duty which ought to be performed with the utmost caution. The question was whether they should interfere with certain constitutional rights of the people, or rather whether that board would assume them. He said they were not authorized so to do, unless it should early appear, that the people had neglected to exercise their
constitutional rights. What then were the circumstances of the present case? It was evident that the freemen of Ilseborough had assembled, held their meeting, and that the return was made according to law. With respect to the candidates for whom the votes were given there could not be a doubt. The final letter was omitted, in spelling the name of Caleb Strong, but he conceived the evidence that it was written for Caleb Strong was irresistible. He then went on to prove, at large, that in courts of justice where the utmost exactness was required, a variation like the present would not be deemed exceptional. He then recurred to precedents recorded in the transactions of that board, in similar cases. It appeared that in the returns of votes for senators, a number were given for Nathaniel Moreton, and were by the decision of that body, placed in favor of Nathaniel Moreton, jun. Et it being satisfactorily evident that they were designed for him. He hoped, that in the present controversy, which was interesting in itself, and more so, as to the manner in which it might be conducted, gentlemen would bear in mind the importance of adhering conscientiously to principle. It was this which would conduct them safely and honorably through the perplexities of party collisions, and justify them to their constituents and the world.
Mr. Dana followed, and observed that he should not attempt to solemnize the minds of that honorable board with awful alarms lest the constitution should be violated, or by cautioning them against any immediate danger of that kind, for he presumed it did not exist. It was true he loved popularity; yes, exclaimed he, I love popularity, but what popularity? Not that which I must pursue, but that which will follow me. He then entered upon the merits of the case to prove that the name on the return was not Caleb Strong. He said to admit and receive such a conjecture would lead to a looseness of conduct in similar cases, which would admit of extreme abuses.—The committee, he said, had not founded their discriminations so essentially on the letters that might be used, as on the sound they produced. Where the sound was the same in substance! variety in spelling had not been deemed a sufficient cause of making distinctions. He considered the word then in dispute to be Stoon , and therefore saw no grounds for disposing of it otherwise than the committee had done. He wished to know how far gentlemen intended to carry their principle of evident intention. He had heard of a man who kept his accounts in hieroglyphicks, and when he sold his neighbour's grindstone, he charged it by making a small circle; but having forgotten to make the square in the center, he sometime afterwards presented his account for a cheese. Did the gentlemen wish for equal latitude in interpreting the returns of votes for Governor? Without that, he could not conceive that the votes then under consideration could be considered as belonging to the column of Caleb Strong.
He then adverted to precedents. He quoted an instance which appeared on the records of that board, in 1783, in which votes returned for the present President of the Senate were disputed because the name was spelt Baken instead of Bacon . (A member interrupted by observing, that the objection was not made on the ground that it was k , n , but because it appeared to be B, a, k, e, n ; which was so common a name as to leave room for uncertainty.) Mr. Dana quoted likewise the more recent case, Phaniel Bishop, who had been denied a seat, because a number of the votes were given for Penuel Bishop. (A member again interrupted by observing, that it had been proved that Phaniel and Penuel were used as different names.)
Mr. Dana was very much surprised that gentlemen should insist that the return could not be for Caleb
Stoon , which appeared to him to be the record, merely because they knew no person by that name. He thought this a very inconclusive mode of reasoning; he has recently found in the course of his professional experience, that there was a person by the name of Noble Bagg , a name of which he had never heard before; and therefore saw no reason why there should not be such a person as Caleb Stoon .
Mr. Otis rose and said—that much time had already been consumed since the legislative body had assembled, and the government was not yet organized. That the publick mind had borne this delay with patience, as he presumed, in the full belief, that some very great and insuperable difficulty had occurred to produce this unusual procrastination. That patience he conceived was cherished by that high estimation with which the people of Massachusetts had been accustomed to regard their excellent constitution, as calculated to meet every exigency and as admitting of no idle disputes or cavils, which should evince a state of uncertainty as to points involving the rights of the people. How mortifying must it then be to the community, how dangerous to the respect ever due to the constitution, how degrading to the character and dignity of that honourable body, the first branch of the legislature, to find that the Senate of Massachusetts instead of being employed in settling great and important questions was reduced to the necessity of hearing quibbles on words, dissertations on pronunciation, idle and wearisome illes of grindstones, on which some gentlemen were sharpening their wits, and of Bags no more interesting to the board than the money bags of those who were thus wasting the time of the senate.
The gentleman who had preceded him had avowed his fondness for popularity, and had quoted the language of Lord Mansfield on the occasion. However respectable might be the authority, he considered the application unfortunate, as from the course the gentleman was pursuing, he could not long expect to be pursued by that Goddess. But continued Mr. Otis, these are not subjects worthy the attention of this body. The people of Massachusetts had, in the exercise of their constitutional rights, given in their votes for a Governor and Lieutenant Governor.—The duty devolved upon the senate of ascertaining for whom those votes had been given. They were bound in justice, to admit the expression of the publick will, where that will was expressed conformable to the requisites of the constitution. If in conforming to the rules prescribed by the constitution, from circumstances which could not be avoided, some trifling defects or errors might appear, he considered they were solemnly bound to make reasonable allowances, and respect the intention where it was evident. Let us take into view, said he, the circumstances known to all. That there is unfortunately a political division in this Commonwealth, which has engaged the attention and feelings of almost every individual. That the election of a chief Magistrate has called forth the strongest exertions of parties.—That there have been two prominent characters, the one Caleb Strong, the existing Governor, and the other James Sullivan, one of whom every man in the state has been zealous to support, except the very few, who from caprice or levity might choose, notwithstanding the important struggle, to throw away their votes. From the well known situation of the people in different parts of the Commonwealth, from the inevitably limited means of acquiring literary qualifications enjoyed by many worthy members of the community, what were we to expect? That like our young men brought up to write fair and elegant hands, the cultivator of the soil would be able to make a return of votes in a copperplate text? No; in our country towns the hardy sons of industry, men whose fin-
gers are stiffened with labour, are necessarily called upon by their fellows, to discharge civil duties. We were to expect bad writing, bad ink, bad pens, bad paper, and sometimes bad spelling. Shall we therefore, if we can satisfactorily ascertain the intention of these honest men, deny them their constitutional rights, because they cannot spell every great man's name, or write it without a blot? What then—shall carelessness in the discharge of important duties be encouraged? Shall we encourage town officers to send to us blurs and blotted paper? No; there can never be any motive thus to perplex us voluntarily. But when they have done their best, and any unimportant defect remains, it is for men's hearts, consciences and convictions to decide. The result of a great political effort may depend on the return before the board. It was for gentlemen to recollect solemnly that the oath of God was upon them. He wished no man to act otherwise on the present occasion than he would, did he consider himself as about to appear before that dread tribunal, where no deception can be practised, where no fallacy can avail. It is not, said he, a trifling subject of verbal criticism, which we are called to determine; we are called to fulfil a duty which we are sworn to discharge with fidelity.
I would not, continued he, be in favor of adding votes given for Caleb Stoon to the column for Caleb Strong . Such I should reject. But state all the facts, to any man not interested in our respective feelings. Let him be informed that the state is divided into two great contending parties—that the candidate supported by the one is Caleb Strong ; the candidate supported by the other is James Sullivan ; lay before him this return, stating that in a certain town a number of votes were given for Caleb Stron , the r of which appears merely to have been accidentally blurred or blotted, and a number of votes for James Sullivan ; then let this man be asked for whom he believed the votes were given, I am certain he would say, for the rival candidates.
If you reject this rule, if you do not take the evidence of the intention, which the document itself and collateral circumstances afford, you will be guilty of an act of dangerous oppression and tyranny. It will degrade you in the eyes of your constituents and the world, to find quirks and quibbles admissible here, which would be despised in a Court of Common Pleas.
I shall still flatter myself, said Mr. Otis, that the gentlemen who compose this honorable board, however zealous they may feel for the success of their respective candidates, will still suffer no party considerations to sway them, one moment, from the paths of reason, justice, and solemn obligation; and that when the question is taken, they will so act as to feel justified to their own consciences.
Dr. Hill again rose, and made a few remarks on the precedents by which the committee had been governed. He again admitted the correctness of the principle, that they ought to regard the evident intention, but declared, and that in a very solemn manner, that he saw no reason to convince him that the return in question was made for Caleb Strong .
When the yeas and nays were called for on Mr. Gore's motion, they were—Yeas 19, Nays 20.
IN SENATE, JUNE 7.
THE question, to accept the report of the committee in gross, in the discussion of which the members of the minority did themselves immortal honor for the noble and spirited stand they made in defence of the constitution, and the elective franchise of the people; the question to accept the report, was carried, as follows:—
Yea—Messrs. HILL, MAYNARD, HILDRETH, DANA, SMITH, WILLIS, MORTON, DEAN, ELLIS, HOWE, COFFIN, FREEMAN, CHILDS, WOODMAN, STOREY, HUBBARD, ILSLEY, FARLEY, ULMER and FILLERBROWN.—20.
Nay—Messrs. OTIS, GORE, PHILLIPS, (OF S.) SPOONER, BROOKS, TITCOMB, HEARD, PHILLIPS (OF E.) DERBY, ROWE, THURSTON, HASTINGS, STARKWEATHER, M'LELLAN, BLISS, BIGELOW, BRIGHAM, TOWN and MALE.—19.
The senators who opposed the report, were the Hon. Messrs. Bliss, Otis, Gore, Phillips, Starkweather, Brigham, Bigelow, and Titcomb.—Those who advocated it, Messrs. Dana, Hill, Howe, &c.
TUESDAY, JUNE 10.
The minority of the Senate, on the question to accept the report of the joint committee, on the gubernatorial returns, this day offered to the Senate the following protest; which they moved should be entered on the journals.
PROTEST.
WE, the undersigned, members of the Senate of the Commonwealth of Massachusetts, do hereby protest against the acceptance of the report of a joint committee appointed to examine the returns of votes for governor and lieutenant-governor of the said Commonwealth, and against the proceedings of the Senate thereon, for the following reasons:—
Because it is provided by the constitution of this Commonwealth, that the returns of votes for governor & lieutenant-governor, received in open town-meeting, and sealed up in presence of the inhabitants, attested by the selectmen and town-clerks of the several towns, and transmitted to the office of the secretary of the Commonwealth, seventeen days, at least, before the last Wednesday in May, annually, are the only evidence of the election of those officers, which the Legislature is competent to receive or examine.—Yet it appears, from the report of the committee, and from the statements of one of its members, that they did receive and examine evidence both written and oral, other than said returns, and have admitted such evidence in some instances to verify and in others to invalidate said returns.
Because this unconstitutional and unprecedented proceeding of the committee now adopted by the Senate, amounts to a gross and flagrant violation of the rights of the people, and transfers from them to the Legislature the election of a governor, although a choice has been made by the people.
Because it was manifestly the object of the constitution to provide for a perfect organization of the government at the earliest possible period after the commencement of the political year, and to prevent any suspension of the executive power by a vacancy in that department;—and this wise provision has been hitherto effectually enforced by the uniform adherence of our predecessors to the rules of evidence, established by the constitution, from the time of its adoption. But the bold and dangerous innovation now attempted, tends to procrastinate the declaration of the choice of governor to a late and indefinite period of the political year, and to effect a vacancy in the office of chief magistrate, whenever the spirit of intrigue or faction shall become predominant in either branch of the Legislature. If other evidence than the returns specified in the constitution may be examined, no limits can be prescribed to it. If it be competent to a committee to receive testimony relative to the elections of towns in the vicinity of the seat of government, it is not less their right and their duty to scrutinize the votes and proceedings of towns the most remote. To this power is incident the right of sending for persons, books and papers.—Parties must be heard; witnesses must be confronted; and scenes of disgraceful strife and contention will ensue while the executive functions are suspended, and the whole system of government is of consequence impeded and finally involved in confusion and ruin.
Because it rejects the votes of the town of Ilseborough for Caleb Strong , merely for the accidental omission of the letter g ; the name being spelt Stron : and it also rejects the votes of Davisstown , for Caleb Strong , for the omission of the letter t ; the name being spelt Strong : whereas there being no person in this Commonwealth known by the name of Caleb Strong , the presumption is irresistible, that the aforesaid votes were meant and intended for his excellency Caleb Strong , esquire.

Because the said votes, if disallowed to Caleb Strong, should have been altogether rejected—there not being in existence any persons by the name of Strom or Strong , who are eligible to the office of Governor: Yet by the said report, the said votes are carried to the aggregate amount of votes, merely to increase the whole number ; that by this false pretence the election of the said Strong might be defeated: And by the operation of this strange principle, the said towns of Isleborough and Davistown , are not only deprived of their constitutional right in the choice of a Governor; but the election of the said Strong, who is rightfully chosen by a majority of the votes of the people, is annulled, and the right of election is by a forced, unnatural, and ridiculous construction, taken from the people, and assumed by the legislature.
Because, if the omission of a letter in one proper name be admitted to vitiate a return, the same exception ought to be fatal to other proper names; but on the face of said return from Davistown , it is stated that the said town is in the county of Hancock (there being no such county in the commonwealth, and it being uncertain in what county Davistown is included, as is manifest from their own petition now pending before the legislature) yet the same members of the Senate who disallowed to Caleb Strong , the votes given in Davistown , for Caleb Strong ; refuse to reject the votes of that town altogether for a similar omission in the name of the county, thus establishing the inconsistent and arbitrary principle, that the variance of a letter in the name of an individual is fatal, but that a variance of the same species in the name of a county, upon the face of the same document is wholly immaterial.
Because the votes of the town of Lynn , for James Sullivan , are disallowed to James Sullivan , Esq. for omission of two letters, li , and allowed to James Sullivan , whereas it is not even pretended that any person exists under that name, which is a mere artifice, intended under the appearance of impartiality, to give color to the rejection of the votes for Caleb Strong , and to the intended assumption of power by the legislature. For it appears from the returns of votes that JAMES SULLIVAN , Esq. is not under any name, pretence or possibility, elected by the people; and consequently the subtraction of the votes from his total amount, and the addition of them to the aggregate amount, is equally as beneficial to said Sullivan and to the views of those who would promote his election, as placing them exclusively to his credit.—It equally increases the whole number of votes and annuls the choice of the people.
Because nineteen hundred and ten votes are by the said report allowed to the said James Sullivan , which contain variances from one to three letters, many of which effect a greater difference in sound and orthography than exists between Sullivan and Sullivan . Yet the votes for James Sullivan , are selected from these, for the purpose of making a mere nominal candidate who does not exist.
Because, in certain returns, after a list of persons voted for, the word scattering is written, and this word with the numbers annexed is in all instances carried out into a separate column to increase the aggregate number, thus to give further colour to the pretext that Caleb Strong has not a majority of all the votes:—Whereas it is manifest from the express letter of the constitution, that persons known to possess the requisite qualifications, can alone be returned or considered as candidates for the office of Governor, and consequently that votes descriptive of no person cannot be admitted. But upon the construction adopted by the committee and the senate, the legislature may be engaged in the farce of voting, not for eligible candidates, but for the names of things or ideas personified; and it must happen if the report be accepted in both branches, that they will actually be employed in voting for James Sullivan , a candidate not known to any person to be qualified, no believed by any person to exist. By these means the most important official duty will be discharged with solemn mockery, and the constitution be exhibited to the disgrace of the legislature, the contempt of the people, and the derision of the world.
Because, the votes of the town of Parsonsfield , in the county of York , being 145 for James Sullivan , are received and allowed to him, though the return contains upon its face the following certificate, viz. "By reason of the Town Clerk being sick, the votes were not sealed up in town meeting." As this defect is repugnant to the express letter of the constitution, it is suggested by the report, that the said certificate appears to be an interpolation. But no evidence was offered to support such a suggestion. On the contrary one of the Selectmen who signed the return, and who is a member of the House of Representatives, was offered to repel it and prove that the fact certified was true; and that the said certificate was originally made as it now appears; but his evidence, the introduction of which would have been justified by the said suggestion, was not admitted. Thus fraud was presumed not for the purpose of invalidating, but of supporting a return; and the evidence of a returning officer who was interested in proving the fraud, if any, was offered to disprove it, and rejected. And thus mere conjecture was admitted to contradict the return, and positive proof denied to confirm it.
Because, by the same return from the town of Parsonsfield , it appears that the town clerk was also a Selectman , and that he, with only one other Selectman , signed the return, and as the said town clerk was sick, and not at the meeting when he sealed up the votes, it is presumable that he was not present at any stage of the proceedings; but that the meeting was held by one Selectman only, and is therefore manifestly illegal.
Because, the votes of the town of Newbedford are rejected on the pretence of uncertainty arising from two several returns, certified by the same officers; whereas one of them ought to be admitted and allowed for the following reasons:—
First. Both said returns are made and received by the secretary of the Commonwealth, within the time prescribed by the constitution; both are conformable in all particulars to the requisites of that instrument, and they both agree in the number of votes given to Caleb Strong , which was the only material fact, that could affect the choice of governor by the people.
Secondly. It appeared by a letter inclosing one of said returns signed by the town clerk, and addressed to the secretary of the Commonwealth, that the same contained a true return, with the correction of a merely clerical error, made by him in a former return. By taking this letter in connection with the return which it contained, the return itself was verified beyond all doubt. By rejecting this paper, the first return appeared also to be genuine. But in order to make the returns destructive of each other, the last return was separated from the letter which contained it, and thus that evidence which would have removed all doubt, was severed from the return which it accompanied;—and of which it made a part, merely to create a doubt.
Thirdly. The senate refused to inspect the original record of the town of Newbedford , which was produced at the board, brought up by the town clerk, and which would have verified one of said returns, and the same town clerk would also have verified, which was the return first transmitted to the secretary's office.
Because after rejecting the returns of Newbedford , which gave a majority of votes to Caleb Strong , tho' both certified by the same officers, and not repugnant to each other in the material question; the senate have selected and allowed a return from the town of Troy , which gave 68 votes exclusively, to James Sullivan , as governor, although there are two returns from said town, repugnant to each other in all particulars, certified by different persons and appearing on the face of them to be equally authentic, and one of them giving 59 votes exclusively to Caleb Strong , and although no evidence whatever was examined by the senate to verify either of said returns. But on the contrary a motion made in senate, by one of the majority of said committee to examine the evidence on one side was withdrawn merely because an amendment was moved, which if adopted would have let in evidence on the other side, and thus upon mere conjecture, without a shadow or pretence of evidence, or any criterion whereby to test the authenticity of either of said returns; the same majority of the hon. senate, that had just rejected the returns of Newbedford , which could have been verified by the record, admitted one of the returns from Troy and rejected the other, though both were in a state which rendered it impossible to verify either.
Because the report admits the votes of persons for governor and lieutenant governor, living in unincorporated plantations; which description of persons are not qualified to vote for those officers by the constitution.
Because the unprecedented principles adopted by the committee, five of whom out of seven are the political opponents of Caleb Strong ; were not established by them previous to any scrutiny or examination of the votes; nor until after ample means and opportunity had been afforded to them for ascertaining the result of the application of those principles—by which course of proceeding, strong temptations and inducements must have arisen, to confound principles with inclinations, and to establish premises with a view to the results.—And whatever were the motives of the committee, which we do not undertake to criminate, it unfortunately happens that without a reliance upon all the new and exceptional principles contained in the report, his excellency Caleb Strong , Esq. must have been reported to be chosen by the people, as by the present report he is deficient only fourteen votes, of a majority, which number would have been restored by the admission of any one of the objections contained in this protest. Finally, Because we consider the acceptance of the report to be in its operation, a direct and palpable infringement of the constitution; and an open usurpation of the power of the people, calculated to prostrate the executive department, by reducing the chief magistrate to a humiliating dependance upon the legislature; and to invest with powers paramount to the constitution, the accidental majorities of political sects, and entirely to wrest from the great body of the people, the right of electing their own governor; and for the sincerity and truth of our opinions, we solemnly appeal to the Great Searcher of hearts, and to the impartial judgment of our fellow citizens, and to posterity.
John Hastings,  Ezra Stark Salem Town,  Elias Hasket Daniel Bigelow,  George Bliss, Elijah Brigham,  C. Gore, Thomas Hale,  Nathl. Thurston, Hugh M c Lellan,  John Rowe, John Heard,  Wm. Spooner, John Phillips, jr.,  Peter C. Brooks, H. G. Otis,  Enoch Titcomb. John Phillips,
After Mr. Otis had read the report, a motion was made to adjourn, and carried by the usual majority of one.
House of Representatives, TUESDAY, JUNE 10.
The consideration of the report of the election committee was resumed. The motion of Mr. Whitman, that the votes, stated on the report to have been given for Caleb Strong or Strom , in Isleborough , should be carried to the column of Caleb Strong , was before the house.
Mr. Upham (of Brookfield ) commenced the debate, and in a very able and handsome manner enforced the arguments which had been previously laid down by himself and other federal gentlemen. He contended that the usages in courts of law—the manner of considering evidence before grand jurors—the records of ancestry by which important questions of property were decided—and in courts of justice, where the life of a fellow citizen might be depending—nothing more was required in evidence than the obvious intention of the act or performance; will any gentlemen therefore say, that in his conscience, he believes those votes returned from Isleborough were not intended for Caleb Strong ? He trusted they would not. Errors of this kind, he observed, were frequently detected in cases at law, but were always deemed beneath the notice of any man who sets a value on his reputation for candor, or was capable of appreciating the sentiments of public as well as self esteem. If this section of the report should be adopted by the house, he was bold to say, as he should consider that decision as indicative of the sense, or determination of the majority on every other part of it, that the fair fame of Massachusetts was gone forever.
Mr. Wheaton, Sargent, Livermore, and Goodwin, followed Mr. Upham in defence of the motion for legalizing the votes given for Caleb Strong .
Mr. Goodwin (of Charlestown —one of the democratic party) had been very anxious to give a correct vote on this important question. He had meditated upon it seriously, and revolved it in his mind when retired to his bed—and prompted by his conscience, had come to a determination of admitting these votes for Caleb Strong , which had been laid aside on account of the misspelling. He should vote in the same way regarding the misspelt votes for Mr. Sullivan . It appeared to him impossible for any person to doubt who the votes were for. The two great parties in the state were well known, every man was acquainted with the names of their candidates; there was scarcely a boy of six years
old but what knew them. It was common for the children to ask each other whether they were for Strong or Sullivan —And could any person, at such a time, believe that votes were given for Caleb Strong or Strom and Strong , and not in reality by the voters be intended for Caleb Strong . For his part he could not. Persons might say he had changed; but while he could justify his conduct to his conscience, he did not care what was said; but he had not changed; his political principles had continued the same from '74 or '75 to the present time. He would express them in doors or proclaim them without.
In the course of his remarks, Mr. G. took occasion to say, that last year he conceived the Legislature did wrong in rejecting the returns not attested by the Town Clerks, but he had recently been convinced the decision was correct.*
The question was then taken by yeas and nays—and the motion for carrying the votes of Caleb Strong or Strom to the credit of Gov. Strong , was rejected—yeas 195, nays 234.
* Several other gentlemen of the democratic party have also acknowledged the correctness of that decision.—It is therefore hoped that nothing more will hereafter be said about the Federalists having arbitrarily and unjustly rejected the votes of 62 towns, which has been so often repeated in democratic papers.
WEDNESDAY, JUNE 11.
The debate was commenced and continued for some time, with unabated zeal and spirit; when a motion was made by Mr. King, of Bath , that the further discussion of the subject be suspended, as he had been made acquainted with a fact that would render any further discussion on this point unnecessary, inasmuch as it would fully substantiate the election of Caleb Strong as Governor of this Commonwealth. He alluded to the circumstance mentioned on Monday, by Mr. Bigelow , respecting the return of votes from Lincolnville , in the county of Hancock .
It appears, that Mr. Bigelow , in examining the returns, found that the one from Lincolnville , in the county of Hancock , was completely informal, having no date thereon, nor any specification of the time when said votes were given. Mr. Bacon , also found, on examination, that the return from Cambridge was not dated in the manner prescribed by the constitution.
It was therefore ordered that both these returns be rejected, and that the report of the joint committee be amended accordingly.
A motion was then made, that the report be referred to a committee of the house for the purpose of amending the same, agreeable to the sense of the house, as expressed in their order. It was accordingly committed to Messrs. King , of Bath ; Bigelow , of Groton ; Parsons , of Chesterfield ; Turner , of Scituate ; and Kinsley , of Hampden .
The committee were ordered to set forthwith on the business.
AFTERNOON.
A short time after the house assembled, the committee appointed to amend the report of the joint committee on elections, reported a new draft, in substitution of the abovementioned report, which declares that after deducting the votes of Lincolnville and Cambridge from the total amount, as ordered by the house, there appeared to be a majority of votes for Caleb Strong , as Governor of this Commonwealth; and that he was accordingly elected by the people to that office. The question of accepting this report was immediately taken, and carried unanimously. The committee, we understand, were also unanimous in their opinion on the subject.
It was then sent to the Senate for concurrence; when after a few observations, it was committed to a committee, consisting of Messrs. Titcomb , Hill , and How , who entered on the business assigned them, immediately.
After a few moments examination of the papers, the above Committee returned to the Senate Chamber, and reported their concurrence with the House, which was agreed to by the Senate, unanimously.
A joint committee was then appointed to wait on his Excellency Governor STRONG , and on his Honor Lieut. Governor HEATH , and acquaint them with their election; with a request that they would inform the Legislature when it would be convenient for them to attend, and take the oath of office.
THURSDAY, JUNE 12.
Mr. Taft of the Committee appointed to wait on the Governor and Lieutenant-Governor, reported that they had waited on His Excellency Caleb Strong , Esq. Governor elect of this Commonwealth, and that he would attend the two branches of the Legislature to be qualified this day, at 11 o'clock.
The Committee also reported the Hon. WILLIAM HEATH had not determined to accept the office of Lieutenant
Governor, but would signify his acceptance or non-acceptance at 10 o'clock.
At ten o'clock, the following Communication was received from the Hon. WILLIAM HEATH :
To the Hon. Senate and Hon. House of Representatives of the Commonwealth of Massachusetts.
GENTLEMEN, I have been notified by a very respectable Committee of both Houses, that I have been elected Lieutenant-Governor of the Commonwealth of Massachusetts for the year ensuing, by a majority of the votes of the electors.
Impressed with the most lively sense of gratitude by this mark of confidence and esteem, I present to you, and through you to my fellow-citizens, my most sincere and hearty thanks. Having been more than forty years in public life, contemporary with the early asserters of American rights, and the adoption of measures for their defence, and near the illustrious WASHINGTON , during the Revolutionary war, in the most difficult, perilous and interesting periods, our country has, as yet, experienced, the prime of my life has passed away and I have arrived at nearly the common age of man, when the vigour of the mind abates and the most splendid offices cease to charm.
I have seen my beloved country in deep distress; struggling to retain the life of that equal liberty, which Heaven has given as an unalienable legacy to man. I have seen her triumph in peace, sovereign and independent, forming constitutions of civil government, selected and combined of principles calculated for durability, superior to those found in any other republic yet seen. I now see her under a wise and prudent administration of the General Government, respected abroad and prosperous at home, beyond a parallel in any other nation, and this my native state, whose prosperity is the unceasing wish of my heart, one of the most respectable and prosperous among her sisters.
Pausing at this point of view, with thankful admiration, although a laudable ambition to serve my country, and a publick life, which has rendered its duties familiar tend to excite a wish for continuance in it, reason points me to retirement, rather than to the acceptance of a new station. I do therefore decline qualifying myself to attempt a discharge of the duties of the honourable Office to which I have been elected.
Beseeching the Allwise Counsellor to guide and direct the Legislature, in all the important business, which may come before them, and that this Commonwealth and the United States may be a name and a praise in the earth, so long as time shall endure.
I have the honour to be with the most profound respect, Gentlemen, Your most obedt. Servt.
W. HEATH.
A petition of certain inhabitants of Cape-Elizabeth and Scarborough , praying for a Bridge, committed.
The two branches of the Legislature met in convention, when his Excellency Caleb Strong came in; took and subscribed the necessary oaths and declarations. The usual proclamation was then made by the Sheriff of Suffolk , and his Excellency withdrew. The Legislature then proceeded to vote for Counsellors, and made choice of the Hon. John Howe , Jonathan Maynard , Aaron Hill , Deane , Isaac Coffin , Timothy Childs , John Woodman , Farley , Nathan Willis . The senate then withdrew.
According to the last report, which has been accepted in the Legislature, the whole number of votes are 72,784—necessary to make a choice 36,393—Gov. Strong has 36,433, and therefore a majority of 40, or plurality of 80.
The error in the return from Lincolnville , which proved fatal to the report sent to the House from the Senate, was first discovered on Monday last; and the fact was stated to the House the same day by Mr. Bigelow .
After the declaration of the election of Governor was made, the bells of the town were rung for an hour.
Mr. HEATH having declined the office to which he was elected, the State will be without a Lieutenant Governor the present year.
By the Sails.
Massacre at Cape Francois. Captain Dodge , of the Schooner Mary-Ann , who arrived at New York , in 16 days from Cape Francois , states that on the 14th and 15th of May, a general massacre of all the remaining white inhabitants of Cape Francois took place, and it was said, generally, throughout that part of this ill-fated island under the dominion of Desfalinés . The particulars of this tragical event are briefly these:

Some time previous to the 14th of May, the greater part of the white French inhabitants of Cape Francois were ordered under some pretence to a fort about 3 leagues from the town, and there confined. On the night of the 14th the residue of these unfortunate people amounting to about 150 were strangled in their beds by order of the Emperor; the blood-thirsty villains, not content with this, plunged their bayonets in their bodies—mangling them in a horrid manner—They then plundered the houses of those unfortunate people, who had thus fallen victims to the avarice and cruelty of the black emperor. On the 15th it was reported at the Cape, that those of the inhabitants, who had been sent to the fort, had been put to death in the most cruel manner, and their dead bodies treated with the greatest indignity.
PORTSMOUTH, JUNE 10. At the last term of the Superior Court in the county of Grafton, two bills of indictment were found against Josiah Burnham; one for the murder of Joseph Startweather, jun. and the other for the murder of Russell Freeman, esq. On Monday, the 2d inst. he was brought to trial on the first indictment. The Attorney-General discharged the painful duty of his office with fidelity and ability, and the counsel for the prisoner managed his defence with great ingenuity. The evidence was too clear and explicit to admit of doubts. The jury retired, and after a short consultation agreed that the prisoner was guilty.
Tuesday the 15th of July next is the time appointed for his execution. On Wednesday last, the Government of this state was organized at Hopkinton for the current year. The Hon. Clement Storer was chosen President of the Senate; and the Hon. Samuel Bell unanimously chosen Speaker of the House of Representatives. On Thursday, His Excellency Gov. Langdon, met both branches of the Legislature.
Extract from his Speech. The time will soon arrive, when, the sense of the citizens of this State is to be taken on the subject of a revision of the Constitution. It would in my opinion, be a happy circumstance, if it should be generally agreed to recommend an alteration of it, so far as to have only one session of the Legislature annually, to be holden at a proper session, when it would be more convenient for the members to attend a sufficient length of time to complete the business of the year."
The Gazette. MONDAY, June 16, 1806.
GOVERNOR AT LAST! On Wednesday last, the legislature of this state, by a unanimous vote, declared the election of his excellency CALEB STRONG, esq. as Governor, and WILLIAM HEATH, esq. Lt. Governor of this Commonwealth, by the PEOPLE. Upon this event, so propitious to the constitution, the honor and prosperity of Massachusetts, we sincerely congratulate our readers. The democratic majorities in the senate and house of representatives, after having put the state to an expense of nearly twenty thousand dollars, in endeavoring to destroy the voice of a majority of the citizens, have at length been driven from their opposition, and compelled to yield to that voice, which they have so long been the pretended advocates of.
THE "REPUBLICAN PHALANX." The twenty democratic senators, with the addition of John Bacon at their head, are called the "republican phalanx," and we are told they "deserve well of their country." For the truth or falsehood of this democratic assertion, we appeal to the journals of the senate; let their conduct be compared with that of the federal members, who have made a stand in support of the constitution and the rights of the people, that would reflect honor upon a Roman senate, in its most patriotic and virtuous age.
SENATORIAL VERACITY! On Friday, the 5th inst. during the debates in the senate, upon the report of the election committee, Mr. Otis stated that from the principle which had been established by the committee, that board would be justified in admitting extraneous evidence, to judge of the correctness of returns made by town clerks. The honorable Mr. Dana, democratic senator from Middlesex, interrupted, and declared positively that no such evidence had been applied for by the committee. Mr. Otis said he had so understood from the gentleman himself, and from the chairman. Mr. Dana replied, that the chairman might have asked the question for his own satisfaction, but it was not done by order of the committee. The chairman was then called upon, who read from his memorandum, a vote of the committee which had been taken, to ask a person certain questions in the case of the senator. Mr. Dana sat down. The following day, when a similar case was under consideration, and a request made that evidence should be admitted, Mr. Dana had the effrontery to rise a second time and declare in a solemn manner, that the committee had not consulted the extraneous evidence as stated. Mr. Titcomb was again requested to declare the fact, which he did—and a second time, without replying, Mr. Dana sat down.—Such is the character of the man, who is considered the leader of the "republican phalanx."
and declare in a solemn manner, that the committee had not consulted the extraneous evidence as stated. Mr. Titcomb was again requested to declare the fact, which he did—and a second time, without replying, Mr. Dana sat down.—Such is the character of the man, who is considered the leader of the "republican phalanx."
THE PROTEST Of the federal senators against the report of the committee for examining the returns of votes for governor, &c. is worthy the attentive perusal of our readers, and shows that though a minority, they have made a firm and patriotic stand in support of the constitution and the voice of the people.
On Thursday last, the Hon. John Q. Adams was inaugurated Boylston professor of Rhetoric and Oratory, in the University at Cambridge.
On Tuesday last, about half past 7 o'clock in the morning, a slight shock of an earthquake was felt in this town.
On the 21st ult. the house of Simeon Beal, in Scarborough, was struck with lightning, which descended the chimney, and stunned Mr. Beal, and did considerable damage to the apartment in which he was sitting.
The 8th inst. two women were killed by lightning in Lebanon, (York county) both in one house, though in separate apartments.
On the morning of the 4th inst. the body of a man was found floating in Royal's-river, in North Berwick, about three miles above Gooch's falls. He appeared to have been between 40 and 50 years of age. He was poorly clad—his hair of a dark color, and somewhat grey near his temples. In his pocket were found a small knife and a piece of tobacco. Upon the inquest of the coroner, the verdict of the jury was, "that he accidentally fell into Royal's-river, and came to his death by misfortune."
Fire—The store of Mr. John Cutler, of Belgrade, with its contents was consumed by fire on Friday the 7th inst.—Loss 700 dollars.
By Yesterday's Mail.
LEGISLATURE OF MASSACHUSETTS. House—Friday, June 13. Agreeably to adjournment, the two houses met in convention, for the purpose of coming to the choice of Nine Councillors , in the room of the gentlemen chosen yesterday, who declined accepting seats in the Council; a Secretary and Treasurer of the State. The committee reported the whole number of the votes to be 419—210 making a choice; that the Hon. Lewis Lincoln, had 260—Hon. William Eustis, 260—Hon. Samuel Fowler, 259—Daniel Kilham, Esq. 260—Thomas Hazard, jun. Esq. 260—Mashabab Spring, Esq. 260—Benjamin J. Porter, Esq. 259—Hon. Nathan Wilson, 260—William Widgeon, Esq. 252—and they were declared elected. The Federal Ticket contained the names of the Hon. Nathan Cushing, Henry Knox, David Cobb, Stephen Bullock, Bezaleel Taft, Benjamin Pickman, jun. Artemas Ward, S. Dexter, jun. and A. P. Fernald, who had 158 votes. Upwards of 60 federalists have obtained leave of absence, and gone home.
The votes were then collected for Secretary of State. The whole number was 417; of which Jonathan L. Austin, had 255, and was declared chosen. Wm. Smith, Esq. of Boston, was the federal candidate; he had 162 votes.
The votes for Treasurer were then collected. The whole number was 413; of which Thompson J. Skinner, Esq. had 242, and was declared chosen. The present Treasurer, Jonathan Jackson, Esq. had 171 votes.
It is expected his excellency the governor will deliver his speech on Tuesday, (tomorrow.)
The PATRIOTS of '75 and the HEROES of its Revolution. The decision of Councillors by the dominant party in the Legislature of this State, has given another specimen of republican gratitude. The venerable and illustrious Generals Knox and Cushing, who fought beside the immortal Washington, and at the hazard of their lives and fortunes obtained for us our rights and independence, are now driven from office and the public deprive of their services, to make room for such characters as William Widgeon and Nathan Wilson. So much for the democratic flag about the "spirit of '75" and the advocates of our independence.
The proceedings in the Legislature of this State the present session, having been highly important and interesting to every citizen of Massachusetts, we have been as particular in noticing their transactions, the week past, as our limits would permit, to the exclusion of other matter.
CAUCUS—No. 5. Is omitted this week for want of room—it shall have a place in our next.
Died. At Boston, JOHN AVERY, esq. Secretary to this Commonwealth. The two Houses of the Legislature, after an expression of their grief for the loss which the public had sustained in the recent demise of the late Secretary of the Commonwealth, voted unanimously, to attend his funeral, and to invite His Excellency Governor Strong, Lt. Gov. Robbins, and the Hon. Council to attend the same; and that a procession, be formed, under the direction of the Sheriff of Suffolk, in following order:—His Excellency Gov. Strong, attended by the Adjutant and Quartermaster-Generals. 2. His Hon. Lt. Gov. Robbins, 3. Hon. Council. 4. The President of the Senate. 5. The Members of the Senate, four deep, followed by the Clerk. 6. The Speaker of the House. 7. The Members of the House four deep, followed by the Clerk. The several Societies of which the deceased was a Member, preceded the cortege. In all the political changes which have taken place in Massachusetts, since the adoption
of the present Constitution, in 1780, such has been the sense of all parties, of the rectitude and ability with which Mr. Avery has discharged all the duties of Secretary of State, that if our memory serves us, in all that period, he has been annually unanimously elected to that office. In all the social and domestic duties, he was a man of superior excellence.
Ship News. Port of Portland.
Wednesday, June 11. Arrived brig Warren, capt. Dennison, from St. Vincents.—Left there ship Ana, S. M c Lellan, to sail for Portland, in 15 days; fch. Commerce, Rich, for Wilmington, N. C. in 15 days; and several other American vessels, names unknown.—Spoke, June 8, lat. 38, long. 69, brig Olive-Branch, capt. Brown, from Newhaven, out 3 days, all well.—June 10, in the South Channel, brig George, capt. Low, from Boston, out 4 days, all well. Sunday, June 15. Arrived brig Ellen, capt. Miller, from Point Petre, Guadalupe.—Left there, 25th May, brig Superb, Brazier, of Portland; Edward, Motley, do; Columbia, Walker, Kennebec; Nymph, Foster, of Newburyport; Hazard, Remick, do; Schooner Union, of do; brig Generous Friend, from Charleston, for New-York; brig John, Tubbs, Boston; ship Volunteer, Cornel, Philadelphia.
British cutter in the bay.—Capt. Harrod, arrived at Boston, was fired at several times, and brought too, by a sloop under English colors, on Saturday last, about two leagues from Marblehead, but was permitted to proceed without being boarded. He could not learn her name. Capt. Tucker arrived at Salem was also boarded by the same privateer who examined his papers and broke open several letters. The commander informed Capt. Tucker that he should keep a good look out for a number of ships, of which he had a list. Capt. Chapman, at Salem, from Guad. was fired at by the above vessel; a 12lb. shot, nearly cut his foremast off.
It is said a British frigate has likewise been seen in the Bay. We understand that the Squirrel, British sloop of war, is cruising off Boston Bay. The brig Canton, from Savannah, for New-York, was brought to off the Hook, by the Leander, capt. Whitby, who fired 26 shot at her, detained her 3 hours, and demanded money for the powder and ball he had wasted. The Leander, on the 5th inst. off the Hook, captured the ship Hope, of Baltimore, from St. Domingo, and sent her to Halifax. On the 27th May, the Leander boarded, ship Jupiter, from Liverpool, for Philad. and pressed John Thomas, born in New-York and who had a protection—a Spaniard was put on board the Jupiter in his stead. The brig Dispatch, Shearman, ar. at New-York, from Havana, was boarded off the Hamptons in Long-Island, 2d inst. from the British ship of war Jupiter, of 50 guns, capt. Murray, treated politely, and informed that another British ship of war was cruising off the Hook, another off the Capes of Virginia, and another off Charleston.
THE subscriber hereby gives public notice to all concerned, that she has been duly appointed and has taken upon herself the trust of administratrix on the estate of PATRICK MAXWELL , late of Cape-Elizabeth, in the county of Cumberland, yeoman deceased, by giving 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 Catharine Maxwell . Dated, May 29, 1806.
THE subscriber hereby gives public notice to all concerned, that she has been duly appointed and has taken upon herself the trust of administratrix on the estate of JOHN JOHNSON , late of Gorham, in the county of Cumberland, yeoman deceased, by giving 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 ELENOR JOHNSON . June 16.
THE subscriber hereby gives public notice to all concerned, that he has been duly appointed, and has taken upon himself the trust of an Administrator, with the will annexed, on the estate of JONATHAN ARMSTRONG , late of Falmouth, in the county of Cumberland, deceased, by giving 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 NATH'L. WILSON . Dated April 10. [June 16.]
NOTICE is hereby given that the subscribers have been duly appointed administrators of the estate of DAVID TALBOT , late of Turner, in the county of Oxford, gentleman, deceased; and have taken upon themselves that trust by giving bonds as the law directs; and all persons having demands upon the estate of the said David Talbot, are required to exhibit the same; and all persons indebted to the said estate, are called upon to make payment to David Talbot, Isaac Winlow Talbot, Administrators. Turner, June 16.
THE subscriber hereby gives public notice to all concerned, that he has been duly appointed, and has taken upon himself the trust of executor of the last will and testament of THOMAS SEAVY , late of Scarborough, in the county of Cumberland, yeoman, deceased, by giving 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 JOHN SEAVY . June 16.
TO LET. TWO or three Chambers in dwelling-house in Cumberland-street—very convenient for a family.—Inquire of Joshua Fernald . June 16.
I. M c LELLAN, No. 12, Ingraham's-Wharf , has for sale, Bbls. Cargo No. 1 and 2 BEEF, do No. 1 PORK, do SHIP BREAD. June 18.
DAVID GREEN, No. 17, Long-Wharf , has constantly for sale BROWN SOAP, of the first quality, which he will sell on liberal terms. June 16.
D. PEASE, Fore-Street, has for sale, A Quantity of INDIGO of a superior quality, by the hundred or less. June 16.
WE the subscribers having been appointed by the Hon. Samuel Freeman, Esq. to receive and examine the claims of the creditors to the estate of RACHEL JACKSON , late of Raymond, in the county of Cumberland, widow, deceased, represented insolvent; do hereby give notice, that six months are allowed to said creditors to bring in and prove their claims; and that we shall attend that service at the house of Benjamin A. Richardson, in Freeport, in said county, on the second Monday of July, September and November next, from two to five of the clock in the afternoon.
Enoch Fogg, } Commissioners. Edward Thompson, } June 16.
At a Court of Probate for the county of Cumberland, holden at Portland, in said county, June 11, 1806.
JERATHMEEL BRYANT , guardian to John Shute, Betsey Shute, Hannah Shute, Lucy Shute, William Shute, and Mehitable Shute, minors and children of William Shute, late of Scarborough, deceased, having presented to me for allowance, accounts for their support, and for other charges and expenses:—It is hereby ordered, that the said Jerathmeel give notice to the friends of said minors and all concerned, to appear at the office of John Frothingham, Esq. in Portland, on Wednesday the second day of July next, at eleven o'clock in the forenoon, to show cause, if any they have, why said accounts should not be allowed. Such notice to be given by causing this order to be published in the Portland Gazette , on Monday next, and the two Mondays next following. Samuel Freeman, Judge of Prob't. June 16.
To the Hon. the Justices of the Supreme Judicial Court, holden at Portland, within and for the county of Cumberland, on the fourth Tuesday of May, Anno Domini, 1806.
THE petition of Enoch Berry, of Scarborough, in the county aforesaid, yeoman, humbly shews—that your petitioner is interested and stands seized in fee with some person or persons to your petitioner unknown, in the several tracts or parcels of land, with the building thereon standing, and the appurtenances thereof, lying in said Scarborough, and described as follows, viz. fifty acres of land which Jonathan Berry, the father of your petitioner purchased of John Berry by deed, bearing date May 29, 1752. Also, seven acres and two rods and ten square poles of land, purchased by said Jonathan Berry, of the same John Berry, by one other deed, bearing date April 15, 1765. Also, twenty-eight acres of land conveyed to the said Jonathan Berry, by Samuel Joie, by deed, bearing date October the 4th, 1753. Also, one half of lot numbered one in the first division of the five thousand acres which was purchased by said Jonathan Berry, of Benjamin Haskins, by his deed bearing date May 23, 1755. Also, eighteen and an half acres of land conveyed to the said Jonathan Berry, by Solomon Stone, by deed bearing date June 8th, 1791. And also two tracts of salt-marsh, containing seven and one quarter acres, which was conveyed by the said Solomon Stone, to the said Jonathan Berry, by two several deeds: the first deed thereof bearing date December 8, 1760; the other deed bearing date January 4, 1764.—For a more particular description of all and singular the lands aforesaid, reference to the deeds aforesaid, must be had. The whole of the premises aforesaid, being the same which were conveyed by the said Jonathan Berry, to your petitioner and Ephraim Berry, to hold in equal shares, by deed bearing date the 6th day of February, Anno Domini, 1797, as by the same deed, duly recorded, may appear; and that your petitioner's share of the premises, described as aforesaid, is the half part or one moiety thereof, which he is desirous to hold in severality. Wherefore he prays that the same share may be divided and set off to him to hold in severality, agreeable to the laws in that case made and provided; and as in duty bound will ever pray.
ENOCH BERRY, by Salmon Chase, his Atty.
ON the petition of Enoch Berry, whereof the foregoing is a true copy—Ordered, that the petitioner publish an attested copy of said petition, and this order thereon, three weeks successively, in the Portland Gazette , the last publication to be thirty days at least before the Supreme Judicial Court, to be holden at Portland, within and for the county of Cumberland, on the second Tuesday of October next, that all persons interested in said petition, may then and there appear and show cause, if any they have, why the prayer thereof should not be granted. Samuel Freeman, Clerk. June 16.
At the Supreme Judicial Court, of the Commonwealth of Massachusetts, begun and holden at Portland, within and for the county of Cumberland, on the fourth Tuesday of May, A. D. 1806.
TO LET, A DWELLING-HOUSE, convenient for a large family or two small ones, with an aqueduct—pleasantly situated in Smith-street, near Mr. Smith's Mill.—For terms, apply to NATHANIEL GORDON . June 2.
Sales at Auction. CONTINUATION OF SALES, Of the Stock in Trade of Messrs. M c Lellan & Brown. TOMORROW, At E. Greely & Co's. Office, CONSISTING of Chest-Locks; Till ditto; Stock ditto; chest Hinges; Gimblets; Knives and Forks; Scissors; Sail-Needles; Palms; Wood-Screws; coat and vest Buttons; brass Rings; Augers; bell-metal Skillets; Tea Urns; Guns; Pistols; Ink-Powder; a variety of fashionable Ribbons; Laces; Thread; Bobbin; Tape; an assortment of Watch-glasses; Seals and Keys; Saddler's ware and tools; Clout Nails; Scupper ditto; Brads; Nails; Time-glasses; Kid and Morocco Shoes; Umbrellas; Ketfeymeres; Swan-downs; silk and cotton Hose, &c. &c. June 16. Sale at 9 o'clock.
To be sold at Public Auction, THIS DAY, At 12 o'clock—on the premises, A Handsomely situated and pleasant Lot of Land, measuring 82 1/2 feet on King-street, 138 feet on Mountjoy-street, and 82 1/2 on School-street—it is well calculated for two convenient Lots—it has a fine prospect of the harbor and view of the town. Also, at the same time and place, a Lot of Land, lying northerly of Deacon Thrall's—measuring on King-street 36 feet, running back 10 feet—width back 32 1/2 feet, with a passageway in common between said lot and Deacon Thrall's. Also, at the same place, six lots of Land on Washington-street—a plan of which may be seen, and the terms known at the place of sale.—Sale at 1 o'clock. E. Greely & Co. Auctioners. June 16.
To be sold at Public Auction. ON Tuesday, the 1st day of July next, at twelve o'clock at noon, by order of the Court of Common Pleas, begun and holden at Ipswich, within and for the county of Essex, on the last Tuesday of December, 1805. So much of the Real Estate of Daniel Marguad, late of Newburyport, in the county aforesaid, mariner, deceased, as shall amount to five hundred and ninety dollars exclusive of incidental charges. Said real estate is situated in Brunswick, in the county of Cumberland (District of Maine) and is the same tract of Lands which was conveyed to the said Daniel by Benning Wentworth, late of Portsmouth, in the county of Rockingham, and state of New Hampshire, and now are occupied and improved by Daniel M c Manus, Lewis Simpson, Kinghead, and others, and containing, in the whole, about six hundred and sixty-eight acres. Sale to be at the house of Mr. Stone inn-holder at Brunswick-Falls. Newburyport, May 8, 1806.
FOR SALE, A Valuable lot of Land, situated near the bottom of King-street—adjoining land Dr. N. Coffin, and that of the late capt. John Thorne, making a corner—with a front thereon 22 by 40 feet, two stories high, with a good cellar under the whole, 7 feet deep, and a plank floor.—The building, with small expense, can be made a very convenient dwelling-house.—For terms, and a more particular description of the premises, apply to the subscriber, who is authorized to dispose of the same. SMITH COBB. June 9.
TO BE SOLD, A Pleasantly situated Dwelling-house in Falmouth, (Stroudwater village) consisting of ten rooms, nine of which are finished—with convenient out-houses, and Land adjoining sufficient for two house lots.—Inquire of DR. BARKER , on the premises. June 9.
FOR SALE, (if applied for soon) AN elegant House in Federal-street, well accommodated with out-houses—half a pump in the yard, and an Aqueduct leading into the house—together with the land on which it stands.—Also, a lot of Land adjoining the same, near Back-street.—Terms of payment are, 3, 6, 12 months. For further particulars, inquire of SAML. ROBINSON , on the premises. June 9.
A BARGAIN. TO be sold, a Farm in Lewiston, containing one hundred acres of good land, under high cultivation, well proportioned for mowing, pasturing and tillage; well wooded and watered, has a young orchard of 300 trees, of excellent fruit; a two-story house, and two 40 feet barns thereon.—Payment made early to the purchaser. For further particulars, inquire of JOHN BEAN on the premises. Lewiston, May 19.
JAMES CHADWICK, INFORMS his friends and the public, that he has Removed from the Columbian Tavern to that large and convenient House in Forest-street, lately occupied by Doctor Thomas; where several Gentlemen may be accommodated with genteel BOARDING. June 9.
Wool Carding. THE subscriber informs the public that he continues to carry on the WOOL CARDING BUSINESS, at Saccarapog Falls; and he flatters himself that he can give general satisfaction. The price for breaking and carding into rolls, is reduced to 8 cents per lb. June 9. (6w) MOSES LONGFELLOW
Stray Horses. TAKEN up by the subscriber, running at large, a roan red Mare—supposed to be 8 years old, with a white stripe in her face—Also, a dark red Horse, with black mane and tail; and two Colts, one dark red, black mane and tail—the other a dark bay color, with a stripe in his face.—The owner or owners may have them again, by proving property and paying charges. Apply to JOSEPH PHAGINS , Field Ditcher. Falmouth, June 16.

Amoskeag Canal Lottery. THE public are informed, that in consequence of the rapid sale of tickets, the 8th Class will commence drawing on the 1st day of August next. The tickets rise to five dollars fifty cents, the 12th of July. The present price of Tickets, 50 cts. Half do - 2 62 Quarters, - 1 37 Eighths, - 75 At THOMAS CLARK'S Lottery-Office and Bookstore: Where may be had a few Tickets and parts in the Pyatagua Bridge Lottery , now drawing in Boston, if applied for immediately. Orders for tickets enclosing cash or prizes, will have them forwarded per mail or otherwise, as requested. June 9.
Jona. P. Hall, HAS received from London and Bristol , by the late arrivals, a large supply of GOODS in his line, and has now for sale, At No. 1, Union-Street - Boston , Camwood in sticks, Roman Vitriol, do ground, Oil do, Brazilwood do, Barwood, Archil, Fustic, Cutbeare, Logwood, Redwood, Alkam, English, do India, Copperas, Indigo, Clothier's Screws, do Shears, do Copperas, Brown Tarter. Woad. PAINTS. White Lead, Shellac, Red do, Prussian Blue, Black do, Verdigris, Venetian Red, Dutch Pink, Spanish Brown, English do, Spruce Yellow, Roman Ochre, Patent do, Terra de Sienna, Stone do, Umber, White Vitriol, Ivory and lamp Black. Also - A large and general assortment of DRUGS & MEDICINES, on good terms, and at low prices. June 9.
Books and Stationary. ISAAC ADAMS, No. 6, Jones-Row , Fifth-Street, HAS just received a new and extensive assortment of BOOKS, which he offers upon as liberal terms as can be obtained at any Bookstore in the State: - Among which are, Hawkins' pleas of the Crown, Leach's crown law, Blackstone's commentaries, Craydon's digest, Peake on evidence, Williams' reports, Douglas' do, Wilson's do, Salkeld's do, Loftis' do, Strang's do, Laws of Massachusetts, do United States, Marshall on insurance, Park do, Story's pleadings, Precedent's of declarations, Justices' instant, Town officer, Clerk's magazine, Probate directory, Edinburg dispensary, Cullen materia medica do practice, Cheselden's anatomy, Townsend's guide to health, Thompson's family physician, Buchanan's domestic medicine, Denman's midwifery, Smillie's do, Hamilton's do, Mothe's church history, Stackhouse's history of the bible, Hervey's works, Blair's sermons, Davies' do, Logan's do, Whitfield's do, Cole's discourses, Pilgrim's progress, Bunyan's holy war, Memoirs of pious women, Adams' view of religion, do truth & religion, Paley's moral philosophy, Baxter's faints rest, Zimmerman on solitude, Winter evenings, Johnson's ramblers, Shakespeare's works, Sterne's works, Works of the poets, Don Quixote, Tattler, Spectator, Elegant extracts, Rollin's ancient history, Robertson's history of Charles 5th, do South America, Williams' history of Vermont. LIKEWISE - Blank and Account Books; Writing and wrapping paper; Quills of various qualities; great variety of Penknives; Wafers; Inkpowder; Morocco Pocket-books and Thread Cases; Memorandum-books; Ink-stands; Sand-boxes; Paint-boxes and brushes; Drawing and embossed paper; Playing-cards; Singing-books; Bass-viper and Violin strings, &c. &c. Cash and the highest price given for Rags, Canvass and Junk. June 9. BLANKS For sale at the Gazette-Office.
Charles & John Fox, South side Long-Wharf, HAVE just received a complete assortment of best Philadelphia CAMBOOSES; a few tons excellent OAK-UM. Also, a general assortment of Ship Chandlery & Naval Stores. CORDAGE by the gang or otherwise - which they are determined to dispose of on the most liberal terms, for cash or credit. June 9.
Fresh Flour. JOSEPH M'LELLAN & SON, No. 16 Union Wharf , HAVE for Sale FRESH Baltimore superfine and fine flour. Now landing from Schooner Francis. June 2.
Fresh Flour. NOW landing from Schooner Francis, 900 barrels FLOUR, and for sale by John P. Thurston & Co. June 2.
TEAS. HYSON, Hyson-skin and Souchong Teas, of the fit quality, for sale at No. 16, Union Wharf . June 2.
Lime. JUST arrived, a quantity of Lime, of a superior quality - For sale at No. 22, Long-Wharf , or at Barneville & Pritchard's store, Fore-street. May 26.
Cellar Rocks for sale. GOOD Cellar Rocks, constantly for sale, and can be delivered at any part of the town, on reasonable terms, by John Pritchard. Also, a quantity of OAK-UM - inquire as above. May 26.
Cellar Rocks for sale. Inquire of QUINCY WILLIAMS, and PETER HALL, Portland, May 19.
FRESH GOODS. Lord & Thomas, At No. 5, Jones's Row, Fifth-Street , HAVE just received an assortment of India and English Goods, which they offer for a small advance for cash or approved credit. Also, A large flock of Westindia Goods and Groceries. June 2.
Barbour & Stockbridge, Opposite the Insurance Office, Fifth-Street, OFFER for sale a great variety of fresh seasonable Goods, selected from the latest importations, viz. 7-8 and 4-4 Irish Linen, some very fine, Linen Cambrics Long Lawn Fashionable Ginghams Ditto Calicoes Copperlates of various qualities Printed Cambrics 4-4 and 6-4 Cambric Muslins Plain and figured silk Chambrays Do cotton do Black and other colored Cambrics White glazed and unglazed do Great variety of India Cottons Fine and common English do Fine Long Cloths, Laced Cambrics and Muslins Plain and figured piquet and leno do. Plain & figured book ditto Straw and salmon colored silk Shawls Various dark colors with Mullin Shawls with lace borders Black Lace Veils White Lace Mullin do White & colored Cambric Shawls Fancy silk Handkerchiefs; Bandana do Black and white English silk Hose of a superior quality Ditto French Ladies black, white & slate English silk Gloves and Mitts of an extra size and superior quality Ditto French Gentlemen's real Buckskin, Yorktown, and beaver Gloves Black & white silk do Cotton and hemp do Gentlemen's silk Umbrellas; do cotton Ladies' walking-stick Parasols, from 12 to 20 inches White & cold Crapes The above, with a great variety of other articles, will be sold on the most reasonable terms. June 2.
FOR SALE, At No. 3, Long-Wharf , 100 casks Sugar Hhd. Nails, and 25 do. Claret Wine, entitled to debenture. 100 boxes mould Candles, 75 do Spermaceti do 150 bbls. Meats & No. 1, Beef, 150 half bbls. do do do 40 bbls. Bone Middlings, and No. 1, Pork, 20 chests Hyson-skin & Souchong Teas, Bales Georgia Cotton, Quarter casks Malaga Wine, Pipes 4th proof Barcelona Brandy, Gin-cases and Ship Bread, By Joshua Richardson. June 9.
E. Greely & Co. Fish-Street, HAVE for Sale, 10 chests first quality Souchong Tea, Bales Georgia Upland Cotton, Gin Cases - Hhd. Rum, Broadcloths, Plains, Flannels, Baizes, Coatings, Swankins, Velvets, Sewing Silk, Cotton Hois, Hat Linings, Silk B. Acers, Linens, Superfine beaver and camels hair Hats, Buttons, &c. (U) April 14.
Mark & Wm. Harris, Mussey's Row, HAVE received in addition to their former stock, a supply of GOODS, which they will sell on reasonable terms. 10 hhd. Rum, 4 pipes Brandy, 2 casks Sherry, Port & Malaga Wines, chests Hyson 10 do Hyson-skin 10 do Souchong 5 do Congo Cask Raisins - Box do Best Turkey Figs per box Boxes Lemons 8 casks best Fig Tobacco - Pipes 10 bbls. Pork - Bacon Stone Ware 50 dozen Scythes and Scythe Sneed 10 cases Cotton and Wool Cards. June 9.
Munroe & Tuttle, No. 1, Union Row, Middle Street , HAVE just received, and now opening an extensive assortment of FRESH GOODS - viz. 4-4 and 6-4 figured, piquet and colonade Muslins - ditto shawls - ditto Veils 4-4 and 5-4 figured Lace ditto 6-4, lace, japanned, veined and tambored Muslins A large assortment of plain and figured silk Muslins - Book and Jacomet do Pink, blue, white and green Sarisets India Lutrings, Black and colored double Florence do Fashionable plaid do Black and white silk Hose, lace and embroidered clocks Plain and lace cotton do Black and white lace, pic nic, and plain silk Gloves and Mitts 3, 4, 5 and 6-4 white Cotton Cambrics 4-4 and 6-4 black and colored do 4-4 belt London printed Cambrics Cambric and common Calicoes 2 bales India do - India Checks Cambric and common Dimities Linen Cambrics 7-8 and 4-4 Irish Linens Printed and wove Ginghams Cotton Cashmeres - Merlees Vesting Black and colored Velvets Patent Cords and Plains Black and colored Crapes Durants - Calamancoes - Shalloons Best London Pins Men's Beaver Gloves Black and white silk do Ladies long and short Kid do A large assortment of India Cottons, from 9d to 3d per yard Black and colored Sewing Silk Black and white silk Laces White thread do 2 trunks Kid and Velvet Shoes Black, blue and brown Broadcloths and Cashmeres - With a handsome assortment of other Goods; which will be sold lower than can be purchased at any store in town. Mar 12. (Geo)
Dissolution of Partnership. NOTICE is hereby given, that the Copartnership of the subscribers under the firm of R. & J. Bradley, is dissolved by mutual consent, on this 31st day of May A. D. 1806. All persons who may have demands against said firm, will please to call on John Bradley and receive their pay; and all who are indebted to said firm, on notes, book, or otherwise, are requested to make immediate payment to the said John Bradley, who is authorized to settle the business of said firm. Robert Bradley, John Bradley, Fryeburg, May 31, 1806.
Dancing School. MR. SMITH acknowledges with gratitude the liberal patronage of his friends in Portland, and hopes by a due attention to the improvement and morals of his scholars, to merit a continuance of their favor. His second quarter will commence the 18th of June, for the admission of young Masters and Misses; the School will be open on Wednesdays and Saturdays from three to six o'clock P. M. He also begs leave to inform the young gentlemen of this town, that he has commenced a Music School at Mr. James Pool's, which he will attend Monday and Wednesday evenings, from eight to ten o'clock. June 2.
WANTED, A LAD about 14 or 16 years old, to attend in a small family. He may be kept at school - One from the country would be preferred - For further information inquire of the printer. June 9.
Wants Employment, A Young man who has been regularly brought up to RUM DISTILLING - Inquire of the Printers June 9.
Removal. EDWARD HOWE, Upholsterer, has removed to No. 2, Union Row, Middle-Street - where he has sale, a fresh assortment of Upholstery and Paper-Hangings: Fringes, Laces and Tassels, Sofas, Chairs and Matrasses, Furniture, Chintzes, Live geese, Russia & Lisbon Feathers, English and American Bedtickling. An elegant assortment of English and American Paperhangings, with borders of the newest fashions. The Upholstery business carried on as usual, in all its branches, with punctuality and dispatch. May 19.
John P. Thurston & Co. HAVE received by the ship Nep-tune , from England, and offer for sale at their store, Fore-Street , 100 casks 4d, 6d, 8d, 10d, 12d, 20d, and drawing Nails, 50 crates assorted Ware, suitable for home use or exportation, 70 boxes Tin, Iron and 1 X, 800 wt. assorted Iron Wire 500 wt. best double Sheet Iron 700 wt. Iron Cogs 150 pieces Hollow Iron Ware assorted 150 English Stone Jugs and Butter Pots 200 boxes 7 by 9 Crown Window Glass 60 gross best steel IP Cod Hooks assorted 80 do do Mackerel Hooks do 58 casks superfine, fine and com. Mustard Few dozen long & short handle Frying Pans 8 sheets Milled Lead, 3 & 3 1/2 lb. per sq. ft. 79 bars Lead, 14 lb. each 3 casks small Bar Lead 6 do Patent Shot, No. 1, 2, B and BB 12 bars Pi. Lead, weighing 1 ton 18 casks dry White Lead 3 do do Red do 1 do Venetian Red 9 do Yellow Oker 1 do Patent Yellow 7 do Spanish Brown 1 do dry French Verdigris 1 do White Vitriol 1 do Rotten Stone 1 box containing 30 lb superfine and fine Prussian Blue - 12 bottles superfine and fine Copal Varnish 1 cask Copperas 1000 Horn Lanthern Leaves assorted 25 jars Black Varnish 25 do White do 3 hds. containing 1 ton Whiting. On hand, 90 boxes first quality Sperm Candles 30 do do dipt do 20 chests warranted Teas of first quality Few pieces low priced Irish Linens Paints ground in oil 30 kegs Butter and Lard Linseed Oil; hhd. Molasses Barrels Sugar; Casks Rice; Scale Beams Gin Cages; Shovels and Spades, &c. June 2.
FOR SALE, By WILLIAM CODMAN, At his Counting-Room, No. 3, Union-Row, over the store of W. Swan , 6 pipes 4th proof Barce-lona Brandy, 4 do. do. Holland Gin, 6 chests Hyson-skin Tea, 9 do. Souchong do. 4 hhd. good flavored Rum, 500 bushels Maryland Corn, 30 bbls. bone middling Pork, 15 boxes dipt Candles, 6 do. mould do. 6 casks Raisins, 62 boxes Chocolate, 10 bbls. Vinegar, 1 hhd. Loaf Sugar, 2 bales Nankins, Kgs Pepper; do. Pimento, Bales Cassia; casks Rice, &c. for cash or approved credit. June 2.
ENOCH MOULTON, Goldsmith & Jeweller, No. 3, Jones's Row, Fish-Street , Respectfully informs his friends and the public, who have and may still continue to favour him with their custom, that having just received by the latest arrivals from London, an additional supply to his former stock, is enabled to offer for sale as complete an assortment of articles in his line, as at any store in town - viz. Pearl, Gold and Gilt Jewelry, of every description. All kinds of Silver and Plated Ware. Elegant ornamented and plain Turle-shell and common Hair-Combs. Elegant paste crescent Slides. Britannia, hard metal and Iron ware; Japaned Wafers; do. bread, knife and snuffer-trays; looking-glasses and pictures; officer's swords, white and yellow mounted; white and yellow cord, lace and tassels; plumes; dressing-cases; razor-straps; steel snuffers; penknives; scissors; bodkins; tweezers; ladies' and gentlemen's morocco pocket-books and purses; china and tin boxes; tooth-picks; tamboar; needles and cases; American and English silver thimbles; silver, gilt and plated pencil-cases; toy watches, &c. He also makes, and has constantly on hand, silver, table, desert, coffee, tea, mustard and salt spoons, of the newest pattern; sugar tongs; cream ewers; porringer; warranted gold necklaces, &c. &c. &c. N. B. Wholesale dealers may be supplied with any of the above articles, at a very handsome discount, for cash or approved credit. June 2.
Woolen Manufactory, At GRAY - District of Maine. Dying and Clothier's Works. THE subscriber begs leave to inform the inhabitants of Gray, and the public in general, that he is erecting on a new and improved plan, a compleat set of Clothier's Works, superior to any ever yet erected in this part of the country, and inferior to none in the United States; which will be ready to commence business on the first of August next. In order to give complete satisfaction to the public, who have been long imposed upon in this branch of business, the subscriber has procured a known workman from one of the first manufactories in England. - If never fading colors, well finished work, and punctuality in all promises respecting the business, he objects worthy the attention of the public, he doubts not but he will merit their favors. Indigo Blue, Scarlet, crimson, purple, bottle green, London brown, corbeau, blue black & common black, and all other fashionable colors, to any pattern that may be wanted, on plans entirely new. Likewise will be dyed on Silk and Cotton, blue, black, bottle green, plum, olive, olive, drab, buff, or any other colors that may be wanted - Blues on Cotton and Linen Yarn for Checks, as good as ever yet imported. Cottons dyed in summer only, between the first of April and the first of September. Carding and Manufacturing done as usual, except that it will be done with greater dispatch than heretofore - there being machinery erected to turn off as much work in one day as was done in two last year. The subscriber likewise begs leave to inform the inhabitants of Minot and its vicinity, that he has established a Carding Machine at Emery's Mills in Minot , where every attention will be paid - He likewise purposed taking in cloth to finish at Minot , where he will return it every month. Whoever leaves cloth to be finished with the person attending at Minot , may depend on as much attention being paid as if brought to Gray. He returns his sincere thanks to the public for favors past, and hopes by a strict attention to his business to merit a continuance. Samuel Mayall. N. B. A list of prices may be seen, with a card of patterns, by applying to the Woolen Factory in Gray. May 26.
NOTICE is hereby given to the nonresident proprietors and owners of the following Lots of Land lying in the town of Poland , in the county of Cumberland , that they are taxed in the year 1805, for the town, state and county, in the bills committed to me the subscriber to collect - also for the high ways, for the year 1804 - as follows, viz. Town tax for the year 1805, in the first Division. No. Lots. No. Acres. Price. Tax. 13 100 150 0 62 37 50 100 98 122 50 50 14 76 50 20 6 86 100 300 84 91 100 76 19 107 70 70 20 185 100 300 84 105 63 42 13 55 100 300 84 196 100 67 19 109 100 67 19 Additional Lots. 5 100 67 19 6 100 67 19 Two Lots in the disclaimed Land taxed to John Brigham, of Minot : 72 100 200 56 73 100 200 56 Disclaimed Land taxed to Josiah Little , of Newburyport . 75 100 200 56 A number of acres (in the disclaimed land) supposed to be about 200 300 84 Delinquents on the highway, for the year 1804, in the first division: 14 18 54 13 15 22 66 23 22 100 67 24 27 100 100 34 38 30 83 10 89 100 200 68 9 100 200 68 Second Division: 7 90 180 51 37 50 100 34 122 50 50 17 76 50 30 27 86 100 300 1 2 31 100 67 24 100 100 100 34 104 100 67 24 107 70 70 23 127 100 100 34 129 100 100 34 135 100 800 1 2 141 100 150 51 45 100 150 51 143 50 125 42 150 100 67 24 105 63 42 14 55 100 300 1 2 54 100 300 1 2 96 100 67 24 107 100 67 24 Additional Lots: 5 100 67 24 6 100 67 24 State and county tax for the year 1805 - First Division. 89 100 200 18 Second Division: 37 50 100 9 122 50 50 4 76 50 20 2 86 100 300 25 91 100 67 6 107 70 70 6 135 100 300 25 105 63 42 4 55 100 300 25 54 100 300 25 156 100 67 6 109 100 67 6 And unless said taxes, with all intervening charges, are paid to me the subscriber, on or before the eleventh day of the eighth month next, so much of said Lots of Land as will pay the same will then be sold at public auction at the house of Daniel Jackson , innholder in said Poland . William Campbell, Collector. Poland, 5th mo. 26, 1806. FOUR or five gentlemen can be accommodated with boarding, next door to Mr. Mayall's , in Fore-Street . Apply to JAMES CHAMBERLAIN. May 19.