Jenks's Portland gazette (Portland [Me.]), 1802-01-11 00:00:00

W. M. Jenkins. JENKS' PORTLAND GAZETTE.
Appointed to publish the LAWS of the United States, for the District of Maine.
NUMBER 194.]
MONDAY, JANUARY 11, 1802.
[VOLUME IV.]
From the Newyork Commercial Advertiser.
NUMBER XIII.
To the President of the United States.
SIR, THE constitutional right of the Chief Magistrate, to make vacancies at pleasure in the offices of government, is a point that deserves a most serious consideration.
It is very evident that the framers of the constitution considered it as unsafe to lodge the whole power of appointments in the President; for the concurrence of the Senate is made necessary to every permanent appointment. The President "nominates, and by and with the advice and consent of the Senate, appoints," all the officers of government, whose appointments are not otherwise provided for. The clause from which the President derives the power of filling offices, without the previous consent of the Senate, is in these words: "The President shall have the power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session."
Nothing can be more clear, than that the intention of the framers of the Constitution, was to empower the Chief Magistrate to exercise temporary, a right which the Constitution has vested in the President and Senate. And it is equally clear that this article contemplates the case only of contingency. The words "may happen," are the appropriate terms to denote casualty, and they utterly exclude the supposition, that the framers of the Constitution, intended to vest an unlimited power in the President, to make & unmake officers at pleasure. Some latitude of construction must be given the words "may happen;" for altho' they comprehend more especially the cases of death, resignation, and disability, occurring from unexpected causes, yet there is no doubt, that they will also extend to a case of delinquency; for the Chief Magistrate being the guardian of the public welfare, is bound to see the laws executed, and in cases coming with in the spirit, though not within the letter of the Constitution, it is his duty to exercise what is called in law a found discretion , for the public benefit. But it appears from the words of the Constitution and from every rule of construction, that the sole intention of the clause, was to lodge a power in the President to make temporary appointments, for the sole purpose of insuring a regular administration of the laws, in all the branches of government; and that in no case, was it intended to enable the Chief Magistrate to interpose his authority, in the recess of the Senate, and, without such interposition, the public service would be impeded. That this is a found construction of the Constitution, I presume no man will deny, who examines the subject with a mind perfectly impartial.
By this construction it is, believed, the former Presidents were guided in their administration. It does not appear that in a single instance, an officer was removed, without a real objection to his conduct in office. The cases that occurred, so far as the circumstances are publicly known, may all be classed under delinquency, disobedience of instruction, and such opposition of opinion as to impede the measures of government . It is denied that a single case be named, in which an officer was dismissed for a mere difference of political opinions; much less did your predecessor ever make a vacancy to gratify a friend .
It is true that in organizing the departments of government, it was determined by the legislature, after great debate, that the officers of government, appointable by the President and Senate, should hold their offices during the pleasure of the President, and I understand that all commissions bear this style. But this determination makes no essential difference in the question; because there is a difference between the constitution and the laws, this point, the constitution being of paramount authority, must govern the construction. But no such difference exists; the true sense of the law is perfectly consistent with the sense of the constitution, and the pleasure of the President, must, on every rule of construction, be interpreted to mean, a will and power to appoint and displace officers, in consistency with the spirit of the constitution, and in cases only in which the public service demands an exercise of the power. To suppose the pleasure of the President, to mean a capricious pleasure, or will, to be exercised for private or party purposes, is an abuse of words, a contempt of the constitution and laws, and an affront to the common sense of mankind.
I am not about to revive the question, so ably and eloquently discussed, in the first Congress, relative to the expediency of vesting such an extensive authority in the Chief Magistrate. It is probable, that the determination of this question as it now stands, is liable to fewer objections, than any limitation of this authority that has yet occurred to our wisest statesmen. If the President had no power to fill vacancies happening during the recess of the Senate, the Senate must be kept in perpetual session, and become a permanent council. If the power was limited to particular cases, it is probable that non enumerated cases might occur, and leave the laws unadministered, in the recess of the Senate. If the power was qualified, with a provision that
the President should assign his reasons and never exercise it but for good, causes, a door would be opened for endless altercation, irritating to the parties and the public, and degrading to the Chief Magistrate. And if the Senate had the power to investigate the motives of the President, endless difficulties would be generated between those two branches of the government; and what would be no less an evil, unceasing instability of measures, prejudicial to the parties and to the public welfare.
But whatever may be the fact respecting the expediency of the principles, it is beyond dispute that the latitude you have given to this authority in the President, was never contemplated by the framers of the constitution and laws—is utterly repugnant to their true spirit and construction—and subversive of a free government. And whatever may be your motives, in the present instance, it admits of no question that the exercise of this power for purely purposes, is an abuse of that authority which was delegated for salutary purposes. The precedent, if established will lead to "intolerance as despotism as wicked," to corruption and to a mischievous degradation of office. Where is the man of probity and respectable character, who will relinquish his own private business to engage in a public employment, from which he may be removed the next month, without a fault, to make way for a competitor? Who will be subject to such capriciousness? None but men desperate in principle and property, who always rally under the standard of factious leaders; who will accept offices for the sake of temporary subsistence, or in hopes of an opportunity to peculate with impunity. Such a system of proceedings tends unavoidably to throw offices into the hands of the worst men; while the precarious tenure of the offices doubles the temptation to defraud the public.
Public Documents,
ACCOMPANYING THE PRESIDENT'S LATE MESSAGES.
The first number of these Documents is the letter from Mr. Hawkins, Superintendent of Indian Affairs; - a summary of which was given in the last Gazette.
[NO. II.]
Extract of a letter from the SECRETARY OF STATE, to WILLIAM EATON, Esq. Consul of the United States at Tunis, dated Department of State, Washington, May 20, 1800.
THE proofs which have been given by the bathaw of Tripoli, of hostile designs against the United States, have, as you will learn from Commodore Dale, determined the President to send into the Mediterranean a squadron of three frigates and a sloop of war, under the command of that officer. Should war have been declared, or hostilities commenced, this force will be immediately employed in the defence and protection of our commerce against the pirates of that regency. It is hoped that the contagion will not have spread to Tunis and Algiers; but should one or both of them have followed the pernicious example, the corsairs will be equally repelled and punished.
The policy of exhibiting a naval force on the coast of Barbary, has long been urged by yourself and the other Consuls. The present moment is peculiarly favorable for the experiment not only as it is a provision against an immediate danger; but as we are now at peace and amity with all the rest of the world, and as the force employed would, if at home, be at nearly the same expence, with less advantage to our mariners. The President has therefore every reason to expect the utmost exertions of your prudence and address, in giving the measures an impression the most advantageous to the character and interests of the United States. In effecting this object, the means must be left in a great degree, to your knowledge of the local and other circumstances, which cannot be understood at this distance. You will therefore take due pains to satisfy the Bey, that the United States are desirous of maintaining peace with all nations, who are willing to live in peace; that they have given abundant evidence of their disposition to cultivate the friendship of the Barbary regencies, and himself in particular; and that if the flag of the United States should be engaged in war with either of them, it will be a war of defence and necessity, not of choice and provocation. You will also give every friendly explanation and assurance on this occasion, which may be requisite for the Consuls and Agents of other powers residing at Tunis.
You are authorized to inform the Bey of Tunis, that a vessel is now preparing to take in the cargo, which will complete the regalia due to him, and that no time will be lost in getting her on her voyage.
[Note.—The same was written to Mr. O'Brien, except the last paragraph, which is the following addition:]
"You will of course take due pains to satisfy the Dey, that the United States are desirous of maintaining peace with all nations who are willing to live in peace; that they have given abundant evidence of their disposition to cultivate the friendship of the Barbary regencies, and of himself in particular; that they expect from his good faith an efficacious interposition, according to our treaty with him, for guaranteeing the treaty with the bathaw of Tripoli.
"The United States, it appears, will, before you receive this, be three years in arrears to the Dey. Towards making up the deficiency, the "George Washington" is under active preparation to carry timber and other stores, for at least one annuity. Commodore Dale is charged with thirty thousand dollars, which the President hopes the Dey may have been induced to accept as a commutation for the stores due for another. He has also in charge four hundred yards of cloth, and thirty pieces of linen, for the biennial present. Should you not have prevailed on the Dey, and should find it still impossible to prevail on him, to accept the thirty thousand dollars in lieu of the stores, without the application of four, five, or six thousand dollars, you will be supplied with the sum, and the sum of thirty thousand dollars will then be made up of other monies in the commodore's hands. Should there be no possibility of inducing the Dey to the measure, even with this aid, the whole sum of thirty thousand dollars is to be held by the commodore—the balance for the remaining, or third year, will be sent as soon as it can be done, either in stores or money, as may be agreed. You are already aware how much both the convenience and interest of the United States will be promoted
by substituting money for stores, rating the latter at the thirty thousand dollars, as a permanent regulation, and will take due pains to bring about such a change. You may find it perhaps, an argument of some weight with the Dey for preferring money to stores, that the former can always be remitted with more punctuality; and that in times of war such of the latter as are held to be contaband by the European law of nations may be exposed to captures, by which he must be affected as well as the United States. In case you should succeed in the pecuniary commutation proposed, it will be proper in defining the sum of thirty thousand dollars to refer to some standard of weight and fineness in the metal—will secure the United States against arbitrary regulations of the Dey, and quiet his jealousy, if he should have any, of imposition on the part of the United States. The Spanish dollars now in circulation, may, for example, answer this purpose.
"The pretensions set up against the United States in the case of the ship Fortune, for indemnification to the owners of the merchandise, with which she was laden, the disadvantage of employing our vessels in the field of Algerine property. You will therefore, as far as you can, discourage that branch of trade; and as far as cannot be done, will take care to repel all expectation or claim whatsoever, to throw on the United States the loss, by capture under their flag.
"One subject of equal importance and delicacy still remains. The tending to Constantinople the national ship of war, the George Washington by force, under the Algerine flag, and for such a purpose has deeply affected the sensibility, not only of the President, but of the people of the United States. Whatever temporary effect it may have had favorable to our interests, the indignity is of so serious a nature, that it is impossible that it may be deemed unnecessary, on a fit occasion, to revive the subject. Vowing it in this light, the President wishes nothing may be said or done by you, that may unnecessarily preclude the competent authority from animadverting on that transaction in any way that a vindication of the national honor may be thought proper."
Extract of a letter from the same to James L. Cathcart, Esq. Consul at Tripoli, dated Department of State, Washington, May 21, 1800.
"THE threat of hostilities against the trade of the United States, by the Bathaw, as cited in your communications, and arising immediately from the Bathaw himself in a translation of a letter of the 25th of May last, certified by his interpreter Farfara, has determined the President to send into the Mediterranean a squadron of frigates and a sloop of war under Commodore Dale, by whom this is written. You will also receive from him a letter to the Bathaw from the President.
"Should war have been declared or hostilities commenced, before the arrival of this squadron, it will immediately be employed in the defence and protection of our commerce, against the piratical attacks of the Bathaw's corsairs. Should war have been neither declared nor commenced, it is expected by the President that you will exert all your prudence and address in rendering the appearance of the squadron, and the letter from the President, subservient to the preservation of peace, and to such impressions on the Bathaw, as will be the most favorable to the dignity and interests of the United States. The President relies the more on the real and interests of these exertions, as the policy of exhibiting a naval force on the coast of Barbary has long been urged by you and the other Consuls. To aid your exertions on this occasion, you will be supplied by Commodore Dale, with a sum if necessary which will be communicated by him. In a letter which I have written by the present opportunity to Mr. O'Brien, he is instructed to cultivate the good will of the Dey of Algiers, and to call on him for his impartial interposition as guarantor of the treaty between the United States and the Bathaw. You will not fail to make the best use you can of the interposition if it be offered."
THOMAS JEFFERSON, President of the United States of America. To the illustrious and honored Bey of Tripoli of Barbary, whom God preserve.
"Great and respected Friend, "THE assurances of friendship which our Consul has given you, and of our sincere desire to cultivate peace and commerce with your subjects, are faithful expressions of our dispositions, and you will continue to find proofs of them in all those acts of respect and friendly intercourse, which are due between nations standing as we do in the relations of peace and amity with each other.
"At the conclusion of our treaty with you, we endeavoured to prove our respect for yourself, and satisfaction that that event by such demonstrations as then gave you entire content; and we are disposed to believe that in rendering into another language these expressions in our letter of the 25th May last, which seem to imply purposes inconsistent with the faith of that transaction, your intentions have been misconstrued. On this supposition we renew to you sincerely, assurances of our constant friendship, and that our desire to cultivate peace and commerce with you, remains firm and unabated.
"We have found it expedient to detach a squadron of observation into the Mediterranean sea, to superintend the safety of our commerce there, and to exercise our seamen in nautical duties. We recommend them to your hospitality and good offices, should occasion require their resorting to your harbors. We hope their appearance will give umbrage to no power; for, while we mean to rest in the safety of our commerce on the resources of our own strength and bravery in every sea, we have yet given to this squadron in strict command, to conduct themselves towards all friendly powers with the most perfect respect and good order: it being the first object of our solicitude to cherish peace and friendship with all nations with whom it can be held on terms of equality and reciprocity.
"I pray God, very great and respected friend, to have you always in his holy keeping.
Written at the City of Washington, the twenty fifth day of May, in the year of our Lord 1800.
Signed, THOMAS JEFFERSON. By the President, JAMES MADISON, Sec'y of State.
Form of a letter which Commodore Dale was directed to write to the Dey of Algiers and the Bey of Tunis.
May it please your Excellency, HAVING the honor to command a squadron of observation, dispatched by the President of the United States into the Mediterranean Sea, to support the safety of their commerce threatened with attacks by the Bathaw of Tripoli and to exercise our seamen in nautical duty, the instructions which I have received from the President require that in approaching your harbors I should render the profound respect that is due to your
Excellency's dignity and character, and should recommend the squadron under my command, to your hospitality and good offices. I leave to the Consul of the United States the task of explaining more particularly the friendly dispositions of the United States towards your Excellency, the proof with which he is charged of their desire to maintain the treaty between the two powers, and the reliance of the President on similar dispositions on your part; for myself, I only make use of the occasion to assure your Excellency of the sensibility with which I shall experience your friendly countenance and accommodations, and of the sentiments of reverence and exalted esteem with which, I have the honor to be,
Your Excellency's obedient servant, [TO BE CONTINUED]
By the PRESIDENT of the United States of America, A Proclamation.
WHEREAS a Convention for terminating certain differences, which had arisen between the United States of America and the French Republic, was concluded and signed by the Plenipotentiaries of the two nations, duly and respectively authorized for that purpose, & was duly ratified and confirmed by the President of the United States, with the advice and consent of the Senate, which Convention so ratified is in the form following:—
[Here follows an exact copy of the Convention and ratification of President Adams, as published in the Gazette, December 29, 1800.—Then follows:]
And whereas the said Convention was on the other part ratified and confirmed by the First Consul of France in the form of which the following is a translation from the French language, to wit:
Bonaparte, First Consul, in the name of the French people—The Consuls of the Republic, having examined the Convention concluded, agreed to and signed at Paris, the 3th Vendemiaire, 4th year of the French Republic, (30th September 1800) by the Citizens Joseph Bonaparte, Fleurieu and Roderer, Counsellors of State, in the virtue of the full powers which have been given to them to this effect with Messieurs E. Bregier, Davie, and Murray, Ministers Plenipotentiary of the United States, equally furnished with full power, the result of which convention follows: [Here follows the copy of the Convention in the French language.]
Approves the above Convention in all and each of the articles which are therein contained; declares that it is accepted, ratified and confirmed, and promises that it shall be exactly observed.
The government of the United States having added in its ratification, that the Convention should be in force for the space of eight years, and having omitted the second article, the government of the French republic consents to accept, ratify and confirm the above Convention, with the addition, importing that the convention shall be in force for the space of eight years, and with the retirement of the second article: Provided that by this retirement the two states renounce the respective pretensions, which are the object of the said article.
In Faith whereof these presents are given, signed, counterseal'd and sealed with the great seal of the Republic at Paris, the twelfth Thermidor ninth year of the Republic, (31st July 1801.)
BONAPARTE.
The Minister of Exterior Relations, (Signed) CH. MAU. TALLEYRAND, By the First Consul, The Secretary of State. (Signed) HUGUES M. Maret.
Which Ratifications were duly exchanged at Paris, on the 31st of July in the present year, and having been so exchanged were again submitted to the Senate of the United States, who on the 19th day of the present month resolved, that they considered the said Convention as fully ratified, and returned the same to the President for the usual promulgation. Now therefore, to the end that the said Convention may be observed and performed with good faith on the part of the United States, I have caused the premises to be made public, and I do hereby enjoin and require all persons bearing office, civil or military, within the United States, and all others, citizens or inhabitants thereof, or being within the same, faithfully to observe and fulfil the said Convention and every clause and article thereof.
In testimony whereof I have caused the Seal of the United States to be affixed to these presents, and signed the same with my hand.
Done at the City of Washington, the 21st day of December, in the year of our Lord 1801, and of the sovereignty and independence of the United States the twenty-sixth.
TH: JEFFERSON.
By the President, JAMES MADISON, Sec'y of State.
From a Philadelphia Paper—Dec. 24. Mammoth.
Ninety years have elapsed since the first remains of this animal were found in this country—they were then thought to be the remains of a GIANT. Numerous have been the attempts by scientific characters of all nations, to procure a satisfactory collection of bones; at length the subscriber has accomplished this great object, and now announces to the public, that he is in possession of a COMPLETE SKELETON of this ANTIQUE WONDER of North America; after a long, laborious and uncertain enterprise. They were dug up in Orange and Ulster counties, (State of New-York) where they must have lain certainly many hundred years—no other vestige remains of these animals; nothing but a confused tradition among the natives of our country, which states their existence, ten thousand years ago; out what ever might have been the appearance of this ENORMOUS QUADRUPED when clothed with flesh, his masty bones can alone lead us to imagine; already convinced that he was the LARGEST of Terrestrial Beings!
The expence of this undertaking has been so great, that in order to indemnify the subscriber, it must be a separate charge from the Museum. It is erected in a private room, to which the price of admittance is 50 cents—to the Museum, as usual, 25 cents.
N. B. Both the Museum and the Mammoth will be abundantly illuminated every night, until ten o'clock, except Sunday. C. W. PEALE.
* A few counterparts only have been carved in wood, and the summit of the head wanting.

ENGLAND.
LONDON, OCT. 29.
KING'S SPEECH.
THIS being the day appointed for the meeting of the Session, his Majesty went to the House of Lords, and the Commons were summoned to the Bar, when his Majesty delivered the following most gracious speech: My Lords and Gentlemen.
I have the satisfaction to acquaint you, that the important Negotiations in which I was engaged at the last Session of Parliament, are brought to a favorable conclusion. The differences with the Northern Powers have been adjusted by a Convention with the Emperor of Russia, to which the Kings of Denmark and Sweden have expressed their readiness to accede. The essential rights for which we contended are thereby secured, and provision is made, that the exercise of them shall be attended with as little molestation as possible to the subjects of the Contracting Parties.
Preliminaries of Peace have also been ratified between me and the French Republic; and I trust that this important arrangement, whilst it manifests the justice and moderation of my views, will also be found conducive to the substantial interests of this country, and honorable to the British character.
Copies of these papers shall forthwith be laid before you, and I earnestly hope that the transactions to which they refer, will meet with the approbation of my Parliament.
Gentlemen of the House of Commons.
I have directed such estimate to be prepared for the various demands of the public service, as appear to me to be best adapted to the situation in which we are now placed. It is painful to me to reflect, that provision can not be made for defraying the expenses which must unavoidably be continued for a time in different parts of the world, and for maintaining an adequate peace establishment without large additional supplies. You may, however, be assured, that all possible attention shall be paid to such economical arrangements as may not be inconsistent with the great object of effectually providing for the security of my dominions.
My Lords and Gentlemen.
I cannot sufficiently describe the gratification and comfort I derive from the relief which the bounty of divine Providence has afforded to my people by the abundant produce of the late harvest. In contemplating the situation of the country at this important crisis, it is impossible for me to refrain from expressing the deep sense I entertain of the temper and fortitude which have been manifested by all descriptions of my faithful subjects, under the various and complicated difficulties with which they have had to contend.
The distinguished valor and eminent services of my forces by sea and land, which at no period have been surpassed; the unprecedented exertions of the Navy and Fencibles, and the zeal and perseverance of the Yeomanry and Volunteer Corps of Cavalry and Infantry, are entitled to my warmest acknowledgments:—And I am persuaded that you will join with me in reflecting with peculiar satisfaction on the naval and military operations of the last campaign, and on the successful and glorious issue of the expedition to Egypt, which has been marked throughout by abilities, talents, and courage, and by their example, to produce lasting advantages and honor to this country. It is my first wish with most fervent prayer, that my people may experience the reward they have so well merited, in a full enjoyment of the blessings of Peace, in a progressive increase of the national commerce, credit, and resources, and above all, in the undisturbed possession of their religion, laws and liberties, under the safeguard and protection of that Constitution, which it has been the great object of all our efforts to preserve, and which it is our most sacred duty to transmit unimpaired to our descendants.
On the 31 of Nov. Addresses passed both Houses of the British Parliament, expressive of approbation of the Peace. In the Lords, the address was carried 114 to 10.—It was supported by Lord Romney, Lord Limerick, the Duke of Clarence, Lord Pelham, Lord Weymouth, the Bishops of Rochester and London, Earl St. Vincent, Lord Nelson, and others.—It was opposed by Lord Grenville, Lord Spencer, the Marquis of Buckingham, and others.
In the House of Commons, the address passed without a division. Marquis Cornwallis left London, for Paris, the 2d November. Very splendid preparations are making in France to receive him.
Coronation of the Emperor of Russia.
All the accounts from Moscow agree in stating the ceremony of the coronation to have been uncommonly grand. The order of the procession was the same as on former occasions. The church service began by the Archbishop Platon consecrating the crown. The Emperor and Empress entered the cathedral exactly at nine in the morning, under repeated discharges of artillery. The Empress Dowager sat on the left hand of the throne. After a suitable sermon, two Bishops advanced with the crown, and under a salute of cannon placed it upon the head of the Emperor, and his Majesty then placed a crown of the most exquisite workmanship upon the head of his august spouse. The entertainment which succeeded was splendid beyond description. The number of English men present amounted to fifteen. The illuminations of the city continued for 3 nights.
HOLLAND.
MAGDE, OCT. 22.
The late Directory is now entirely dissolved, and we live under a new form of government, which is as different from the late government as that was from the one which preceded it, & which began with the great revolution in '95.
CONGRESS.
House of Representatives.
MONDAY DEC. 21.
A bill was reported, and ordered to lie on the table, respecting the Congressional Library.
After transacting some private business, the House went into Committee on the report respecting the right of the Mississippi Territory to send a deputy to Congress, and to examine the
credentials of N. Hunter, Esq. A lengthy debate ensued.
TUESDAY, DEC. 22.
A bill respecting the duties on drawbacks, was read twice, and made the order of the day for Jan. 4th.
STATE OF THE UNION.
The House went into Committee, when Gen. Smith offered the following resolution:—
"Resolved, That it is expedient to assist the Peace Establishment of the United States."
Doctor Eullis wished to know the present state of the establishment.
Messrs. Randolph and Davis were desirous to see the report of the Secretary of War, before a decision should take place.
Mr. Griswold thought the resolution idle, unless referred to a select committee.—He wished to defer the matter until they should see the documents which accompanied the President's message.
Mr. Gregg hoped the Committee would not rise. He held in his hand, three resolutions, which he intended to offer—relative to the Militia, Military Stores, and the Fortifications of Harbours.
Gen. Smith also hoped the Committee would not rise. The sooner these subjects were settled, the better would the Committee of Ways and Means be able to complete the Appropriation Bill. The motion for the rising of the Committee was lost.
MILITIA.
Mr. Gregg's resolution respecting the Militia was taken up.—It proposed dividing the militia into two classes.—After some modification of the resolution, it was adopted.
MILITARY STORES.
A resolution to inquire what additions were necessary to the stores on hand, was carried.
FORTIFICATIONS.
A resolution for an enquiry on this subject was also carried. The committee therefor.
The Speaker having resumed the chair, the resolution respecting the Militia was concurred in:—Those respecting Military Stores, and Fortifications, on the suggestion of Mr. Griswold, who observed, that it would be disrespectful to the President to act thereon, until the publication of his documents on the subject, were postponed until Monday.
GARRISONS, &c.
Mr. Randolph offered a resolution directing the Secretary of War to lay before the House a statement of the number of the posts, &c. and of the men requisite to garrison them.
A MESSAGE.
From the Senate, communicating sundry documents, was received; and ordered to be printed.
The resolution for an adjournment from the 24th inst. to the 21st January, was taken up.—Messrs. Varnum, Bacon, Mott, Elmer, and Sprague, opposed it, and it was negative! Adjourned.
WEDNESDAY, DEC. 23.
The resolutions from the Senate respecting the Congressional Library were discussed. The third resolution was amended, so as to give the right of taking books therefrom, to the Attorney General, the Judges of the Court while the Court is in session, and to Foreign Ministers. A debate took place on the resolution for appropriating one thousand dollars annually for the increase of the library; when the word "annually" was stricken therefrom. The committee rose; and the House resumed the subject.
Mr. Bayard advocated the annual appropriation of one thousand dollars for ten years; in preference to expecting ten thousand dollars at once; as there were new books, maps, &c. published, and there was the greater probability of being able to procure the most valuable publications.
Mr. Randolph observed, that the measure appeared to him too much like old practices;—the practice of expending unnecessarily:—He said, expectation was on tip-toe to see the new practices, the practices of living.—For his part he was unwilling to expend the public money, except in cases of absolute necessity.
Mr. Bayard in reply to Mr. R said, as the gentleman had talked so much of the disposition of the House to expend the public money unnecessarily, he wished he would specify to what measures he alluded. It had been common to make such charges generally, he believed few dared to specify. For his part he believed he was as anxious as any one to hold fast the purse strings of the public; and he would be as willing to curtail Executive power as any one: [He here alluded to the motion he made, that the library should be under the direction of a Librarian appointed by the President.]—But if the gentleman's principles are carried to their extent, he believed they should indeed spend but little. It had been said we were the most enlightened people on earth, if that be not altogether true, let us make it as much so as possible.
Mr. Bacon was in favor of 1000 dollars annually; he thought it a moderate sum, and a necessary appropriation.
The question for 1000 dollars for one year only, was carried.
A MESSAGE.
From the President was received, containing a new census of Maryland, as corrected by the Marshall of the district. Referred.
THURSDAY, DEC. 24.
A report was received from the Secretary of War, giving a statement of the present military establishments in the United States, the number of men necessary, &c. Referred to a committee of the whole.
A report was received from the Post Master General, giving a statement of routes on which the mail is carried without sufficient income from postage to authorise the continuance. Re-
ferred to the committee on Post offices and Post roads.
Mr. Griswold offered a resolution: that the Secretary of State be directed to lay before the house a table showing the comparative duties on goods imported into Great Britain in America and other bottoms, so far as they related to American commerce. Agreed.
Mr. Dennis offered a resolution, that the Secretary of State be directed to lay before the house the laws of the North Western and Indiana Territories relating to the imposing of taxes on lands of non resident proprietors. Agreed.
Mr. Talmadge presented a petition from sundry inhabitants of New Haven, &c. relative to the establishment of a new road. Referred to committee on Post offices and Post roads.
Mr. Stanly presented a petition from sundry inhabitants of the county of Hyde (N. C.) praying the establishment of a port of delivery. Referred to a committee of commerce and manufactures.
A motion to come to the order of the day on the census bill, Mr. Bayard and Mr. Rutledge were for postponing on account of the thinness of the house; Mr. Varnum and Gen. Smith for taking up them. After some debate it was postponed till the first Monday in January.
Adjourned till the 28th inst.
By the Mail.
WASHINGTON, DEC. 24.
THE FRENCH TREATY.
Has been conclusively ratified and promulgated by authority. The 2d article was expunged by the United States Senate in its last session, and the French Government has consented to it with a proviso, "That by this retrenchment the two States renounce the respective pretensions, which are the object of the said article."
The following is the article above alluded to: Art. II. The Ministers Plenipotentiary of the two parties, not being able to agree at present respecting the treaty of alliance of 6th of Feb. 1778, the treaty of amity and commerce of the same date, and the convention of the 14th of November 1778, nor upon the indemnities mutually due or claimed, the parties will negotiate further on these subjects at a convenient time; and until they may have agreed upon these points, the said treaties and convention shall have no operation, and the relations of the two countries shall be, &c.
It is reported, that Bonaparte's ratification of the Treaty has been erroneously translated; that instead of "Provided by this retrenchment," &c. it would read, "the French words were correctly rendered, "UNDERSTANDING by this retrenchment," &c.
BALTIMORE, DEC. 24.
WHO'S TO PAY THE PIPER?
Every government is bound for the protection of the persons and property of its citizens, against the unlawful enterprise and unwarranted hostilities of other nations.—Our merchants, trading under the sanction of this principle, have been plundered by the belligerent powers to the amount of many millions. From all except France, restitution has been obtained, or in a train of obtainerment; but on her, the ratificatory clause of the treaty of Bonaparte informs us, we are to have no claims, or to expect no compensation. The spoils taken by France are stated to be 20 millions. In this town the claims are considerable—the Baltimore Insurance Company have demands to the amount of 600,000, the Maryland Insurance Company is 300,000 dollars, and individuals, perhaps to as much—amounting to nearly two millions of dollars in this place alone. If government be bound to indemnify its citizens for the illegal captures of other nations, it may not be improper to ask, who's to pay the piper?
NEW YORK, DEC. 28.
MEDITERRANEAN AFFAIRS.
Extract of a letter from an American gentleman in Gibraltar (who had been awaiting there six weeks, for convoy up the Straights) to a respectable mercantile house in this city, dated the 22d October, 1801.
"It is to be wished the squadron coming out from the United States, may have different orders from that now here, to give some protection to the trade. With the exception of one convoy by the Essex, the frigates have done nothing. A single one was sufficient for the blockade of Tripoli; and the others would have been much better employed in affording regular convoys for the trade, which has been waiting months in port for that purpose, and who in vain applied to them for protection. I would not be understood to attach any blame to Commodore Dale—he has always appeared to show an anxiety to be more serviceable; and therefore only prevented by following peremptory orders."
"The ship New York Packet, with stores for the squadron, has been captured and carried in to Algeziras; and it has not been without much trouble and delay that she has been given up, on condition of discharging her cargo there. It may be considered a fortunate circumstance that she has been given up at all, having on board some flour on private account destined for Gibraltar. If this was admitted to have been shipped with a view to save the the United States a little expense, it may be called a very ill judged economy; and it not only subjected the vessel and cargo to condemnation, but implicated the Government in the charge of authorising a breach of the blockade. Whether we consider the limited service of the squadron here, or the protracted arrival of the store ship, we may be justified in saying, that the government has neither shown the ability nor the intelligence which ought to have characterised it—and had not the Commandant here opened the
King's stores to Commodore Dale, his crew would have been without bread or meat.—The ship has now laid three weeks idly waiting for a store-ship which should have arrived two months ago."
Portland,
MONDAY, JANUARY 11, 1802.
IMPORTANT.
We understand that the Consul General of the French Republic, for the United States, has received orders to grant French Registers to American Vessels, purchased and owned by citizens of the French Republic.
Mr. GALLATIN'S Report.
We last evening received from Washington, the financial report of the new Secretary of the Treasury. He computes the annual revenue at 10,600,000 dollars, of which he calculates 7,300,000 dollars, may be annually devoted to the redemption of the public debt, and the payment of the interest, and may produce the following effect, viz.
"The statement [S which is a part of the report] exhibits the effect produced at the end of the year 1809, on the debt by the annual application of that sum (7,300,000 dollars) to the payment of both principal and interest, shows that at the end of those 8 years it will have paid the whole of the Dutch debt; of the temporary loans due to the bank; of the navy 6 per cent. stock; of the 5 per cent. stock; 5,525,300 dollars, and 38 cents of the 4 3/4 per cent. stock; and 11,399,263 dollars and 6 cents of the principal of the 6 per cent. and deferred stock, amounting altogether to 32,289,750 dollars and 70 cents."
"The public debt would, therefore, on the 1st Jan. 1810, be reduced to 45,522,730 dollars, 59 cents, viz. 56,899 dollars, and 62 cents of the 8 per cent. stock; 23,012 dollars, and 74 cents of the 4 3/4 per cent. stock (both of which would be discharged during the four first months of the year 1810;) 80,000 dollars of the 1796 6 per cent. stock; 25,452,521 dollars, and 60 cents of the 6 per cent. and deferred stock, and the 19,079,705 dollars and 65 cents, 3 per cent. stock."
"It is true that this statement is predicated on the supposition that the whole of the reannuities to Holland may be purchased at par, which is not probable; but, on the other hand it is calculated on the principle of a yearly, instead of a quarterly payable annuity, or, as if all the payments made in one year, on account of the principal of the debt, took place only at the end of the year, instead of being made as well as the case, in the course of the year, and stopping the interest from the end of the quarter in which they may be made. The supposed extra cost of bills on Holland is at least partly covered by that difference, and cannot materially affect the general result."
"It may in the same manner be shown that the same annual sum of 7,300,000 dollars applied to the payment of the principal and interest of the public debt, would, on the supposition that the whole of the 6 per cent. and deferred stock may be redeemed at par, and that the whole of the 3 per cent. stock should be reimbursed at its nominal value, discharge the whole of the public debt in seven years and a half after the year 1809, or within the year 1817."
"The one part of the preceding estimates which is liable to any material error, is what relates to the probable annual revenue derived from the impost and from the sales of land. Should these prove to have been correct, it will result that the present revenues of the union are sufficient to defray all the expenses, civil and military of government, to the extent authorized by existing laws; to meet all the engagements of the United States, and to discharge, within eight years, thirty two millions of dollars of the the principal, and within fifteen years and a half, the whole of the public debt; that any increase of expense will, probably either render an increase of rates necessary, or retard the ultimate payment of the debt; and that any reduction in the present rate of expenditure, may permit a reduction of the present taxes, or be the means of accelerating the redemption of the public debt."
Mr. Gallatin calculates on the Internal Taxes, the Stamp duties, and the collection of the remainder of the House and Land Tax.
Battles.
At Enfield, Mr. Elisha Kibbe, aged 70, to Miss Polly Ayres, aged 20.
Died.
In this town Mr. Samuel Nace, aged 37. At Glenelzer, R. I. Mr. Benoni Tucker, in the 95th year of his age. He lived with his surviving companion 70 years; he has left 203 children, grand children and great grand children.
In Prince George's county, Maryland, lately, a man by the name of Riddle, at the enormous age of 117 years having been for many years totally blind and deaf.
In Caroline county, Maryland, Mrs. Mary Beauchamp, at the very advanced age of 117 years; she passed to the left an unusual retention of all her faculties.
At New-London, Rev. William Green, aged 30 late instructor of the Female Academy. Upwards of 800 of his pupils, clad in white, preceded the corps at his funeral.
At Cambridge Mrs. Ann Mason, aged 91.
At Bolton, Hon. George R. Minot, Esq. aged 48—Mr. John Sweetser, aged 75—Miss Joanna Buckley Esq. 64—Mrs. Elizabeth Taylor, Esq. 92—Miss Eliza Brooks, Esq. 19.
There were 270 deaths in Salem, in the year 1801—Males 119—Females 159.—The population of the town according to the last census, is 9500.
Benjamin Portland Marine List.
FORT OF PORTLAND.
No foreign arrivals since the last Gazette. Ship Joseph, grant of Kennebec, was at Monte Video, Oct. 12.
A brig from St. Croix, for Boston, capt. Barry, was wrecked on Cape Cod, on Tuesday morning last. One man, belonging to Penobscot, perished. The vessel and part of the cargo will be lost.
The Dispatch, Springer, of Kennebec, arrived at Falmouth Jamaica, Nov. 25.
The Anna, Wildridge, of Portland, 17 days from New York, was spoken in the mouth of the Mississippi, Dec. 3.
The Ocean, Munson, of Penobscot, was at London Nov. 1.
Ship Eliza, of Portland, was at Liverpool, Nov. 4; to sail in 2 days.

FROM ST. KITTS—Dec. 2, 1801. "A new French governor has arrived at Martinique, in the French frigate La Ponce." "Gen. La Croffe is at Dominique waiting for troops, in expectation of taking possession of Guadalupe."
FEDERAL REPRESENTATIVE. The period for the return of the votes for Federal Representative in the First Eastern District has expired, and no choice has been made. A considerable majority of the votes were for federal candidates. (Palia)
A law has passed in Vermont, utterly prohibiting the service of writs, and such like legal processes on Sunday, and forbidding all social and public amusements and recreations on that day.
Extract of a letter from Halifax, Nova Scotia, dated December 8.
"A brig belonging to Mr. Lang of this place, bound to St. John, New Brunswick, to take fire at sea, with 28 persons on board, who took to the boat, and being out 8 days, were only saved. A woman and three children perished. The manse fell a victim to their subsistence."
Superfine Playing Cards, JUST received from Whitney's Manufactory, and for sale by JENKS & CLARK—Also common Cards—PAINT BOXES—and the latest edition of the VILLAGE HARMONY.
The Wheel of Fortune, Is now turning in Bolton, lumbered with the rich prizes of Amoskeag Canal Lottery, English Cliffton and other Tickets in the same are still for sale at the Bookstore of JENKS & CLARK, No. 3 Jones' Row—Those who are informers of embracing the golden opportunity, should apply immediately, as it is expected the managers will soon retire on the sale.
Benjamin Evans, TIN PLATE WORKER. INFORMS his friends and the public, that he has taken a shop in Fifth Street, next door to Mr. William Thompson's, where he makes and keeps constantly for sale, a general assortment of TIN WARE, wholesale and retail, at the lowest prices. Also, Japanned and Pewter Ware. Patent Lamps, Scalebeams, Knives and Forks, Brass Knives, Pen Knives, Chest Locks and Hinges, Tank Locks and Handles, Brass Nails, Brass Locks, Composition do. Biscuits tea and table Spoons, Steelyards, Rat Traps, Mill Files, Shoe Hammers, Shoe Knives, Nippers, Pincers, Awls, Halls, Blades and Tacks, Gimblets, Compases, Locks, Pocket-knives, Razors with Cases, Shaving Glasses, Snuff and Tobacco Boxes, Curry Combs, Wool Cards, Pad Locks, Nail Combs, Files, Sleigh Bells, with a variety of other articles.
N.B. Cash given for old COPPER, BRASS, LEAD and LEAD. Portland, Jan. 11.
NOTICE is hereby given to the nonresident proprietors of Land lying in the town of Poland, in the county of Cumberland, that the following lots and half lots are taxed in the State, County and Town Tax, for the year 1801, in the bills committed to me to collect—as follows, viz.
   No. Lots. No. Acres. Land. State Tax. County Tax. Town Tax.     FIRST DIVISION. 20 100 0 50 1   31 100 1 50 4   43 100 1 50 4   77 50 0 50 6   SECOND DIVISION. 124 50 0 50 6   100 50 0 50 6   120 50 0 25 3   121 50 0 50 6   38 50 0 75 8   3 100 0 50 1   97 75 0 50 1   89 100 1 50 1   111 100 1 50 1   65 100 2 50 2   25 100 1 50 2   47 100 1 50 3   123 100 1 50 3   107 80 1 20 3   15 100 1 50 4   62 60 1 20 3   105 100 0 50 1   26 100 0 50 1   144 50 1 50 3  
Excluded Land, so called, taxed to John Little and others, in said town of Poland.
   Pool 14 19 1/2 66 C. M. C     Benjamin Ward 34 10 1/2 66 0 5   John Shaw 34 15 66 0 4   Ebenezer Noyes 47 55 66 0 15   Ebenezer Atwood 42 43 66 2 12   Ebenezer Eaton 39 25 66 4 28   Ebenezer Marshall 71 100 66 0 7   Ebenezer Smith 63 25 66 0 5   Ebenezer Loring 41 13 66 4 5   5 18 66 0 7   21 17 66 0 5  
A small Roll of GOODS, WAS put on board the Schooner Dolphin while at Boston, to be sent to Portland, where is no work on it, and no person having interest in the, the owner is requested to call on the subscriber, pay charges, and take it away. JACOB ADAMS.
FOR SALE, At D. Green's Store, No. 14, Long Wharf, Quantity 100 of MALT SALT; and a few Chalk SEA COAL, very good for stoves. Portland, Jan. 11.
Morocco Skins. FOR sale, by WILLIAM CODMAN, at his Store, Middle Street, a quantity of Morocco Skins, of different colors—being a consignment, will be sold low.
ALSO, European and W. I. Goods, as usual—cheap for Cash. Portland, Jan. 11.
Notice. THE Copartnership of GOULD & BICKFORD, is this day dissolved, by mutual consent:—All persons indebted to or having any demands on said firm, are requested to call on ELISHA GOULD for immediate settlement. ELISHA GOULD, NATHANIEL BICKFORD. Portland, Jan. 6, 1802.
Take Notice. THE Copartnership of BLANCHARD & SWEETSER, is this day by mutual consent dissolved:—All persons indebted to, or who have any demands upon said firm, are requested to call on JEREMIAH BLANCHARD, for settlement. JEREMIAH BLANCHARD, BENJAMIN SWEETSER, sd. Northyarmouth, Jan. 1, 1802.
Notice. THE partnership of MOODY & ILSLEY, Painters, &c. is this day by mutual consent dissolved:—All persons having demands on said firm, are requested to call and settle the same; and those who are indebted, to make immediate payment, to either of the subscribers. NATHANIEL MOODY, HOSEA ILSLEY. Portland, January 1, 1802. (93—6w)
Take Notice. THE Copartnership of Daniel & Samuel Hanson, is this day by mutual consent dissolved:—All persons indebted to or who have any demands upon the said firm, are requested to call upon Samuel Hanson, for immediate settlement. DANIEL HANSON, SAMUEL HANSON. Durham, Dec. 18, 1801.
Take Notice. JONATHAN STEVENS & EDWARD BARNEVILL, inform the public, that they commenced business, January last, under the firm of EDWARD BARNEVILL & Co. and that business will in future be continued under said firm, at their Store, Fore Street. JONATHAN STEVENS, EDWARD BARNEVILL, jun. Portland, January 1, 1802.
Take Notice! M'LELLAN & BROWN, importers of ENGLISH, SCOTCH, & HARDWARE GOODS, direct from the Manufactories, invite their friends and others in the country, to call at their Wholesale and Retail Store, No. 3 & 4 Jones' Row, Fifth Street, Portland—where they may see for themselves the very early terms on which they may be supplied with all kinds of Goods.
One of the company visited Europe in person, and selected the Goods on the spot, which is well known to be a material point; they propose from time to time to pursue every proper measure to accommodate their customers on as generous terms as at any store in Boston.
The following articles are a part of their present stock.  BROADCLOTHS, } COATINGS, } CASSIMERE, } SWANSKINS, } FLANNELS, } AND BAIZES, } WILDBORES, } BOMBAZETS, } SHALLOONS, } CALAMANCO, } FLORENTINES, } HOSIERY, worsted, silk, and cotton—Men's Women's and Youth's. } CALICOES, an extensive variety. } DIMITYS, well assorted. } COTTON CAMBRICS, figured and plain. } SHAWLS AND HANDKERCHIEFS, silk, cotton, and linen. } IRISH LINENS AND CHECKS. } RIBBONS, satin, farinet, and china—handsomely assorted. } VELVETS, GALOONS, AND FERRETS. } TAPES, diaper and imperial; BOBBINS. } HATS, generally assorted. } THREADS, white and colored. } TWIST AND SEWING SILK, black, and assorted colored. 
HARDWARE. BUTTONS, a great variety, of the newest fashion. Shovels and Tongs, Frying Pans, Best Iron Shovels, Warming Pans, Hammers, Drawing Knives, Saws—well assorted. Plane Irons, Chisels and Gouges. A small assortment of JOINER'S TOOLS—very low priced. A few small sized Crates WHITE WARE, packed particularly for the country market. Portland, Dec. 21, 1801.
Cornelius Wing, No. 3, FISH-STREET, Opposite JONES' ROW.
HAS lately opened an handsome assortment of DRY GOODS—consisting of low priced, middling, and superfine blue Broadcloths; various colored middling and superfine Broadcloths and Kerseymere; common and superfine Swanskins; an assortment of Rote Blankets; a good assortment of Silk Handkerchiefs; Cotton do. Pocket do.; various sized cotton Shawls; black camels hair do.; Mullins, Mullinets, Dimitys, and black Mullins; a large assortment of various figured Chintzes; Checks; Brown Holland; red, green and yellow Baizes and Flannels; Coatings; Rattens; Lambkins, various qualities of Hosiery; plain and striped Calamancoes, of various colors; Ruffles; Bombazines; Serges; India Cottons; Ravens Duck; Bellowes; Umbrellas; Men's and Boy's Hats; Shovels and Tongs; Iron Candlesticks; Japan do. and Lamps—An assortment of Buttons, Twill, Silk, and Thread—A few pieces of Lutrings, and Mod—All which he offers at Wholesale or Retail, at reasonable prices, for cash or approved credit. Portland, 12th Mo. 28, 1801.
To the honorable Court of General Sessions of the Peace for the county of Cumberland, begun and holden at New Gloucester, in and for said county, on the third Tuesday of October, A. D. 1801.
YOUR Petitioners humbly sheweth—That the County Road, or Highway, laid out by order of your honors, September, 1795, leading from the easterly town line of Paris to the northwesterly corner of said town, thence on through townships No. 4 and No. 3, and the southeasterly corner of Bethel to the southerly line of Rumford, is a great want of repair:—We therefore pray your honors that the whole way through the above described Land which remains without the bounds of an incorporated town, may be made and repaired according to a Law of this Commonwealth passed February 28, 1797; and as in duty bound will ever pray.
Daniel Knight, Daniel Martin, Ephraim Colby, James C. Harper, Francis Keyes, Stephen Putnam, Jeremiah Richardson, Philip Abbott, Joshua Graham, Joshua Felt, Benjamin Lufkin, Richard Doolittle, Moses Kimball, John Martin, Kimball Martin, Benjamin Elliot.
At a Court of General Sessions of the Peace for the county of Cumberland, begun and holden at New Gloucester, in and for said county, on the third Tuesday of October, A. D. 1801.
ON the petition of Daniel Knight, and others, whereof the foregoing is a copy, the Court order—That the petitioners cause an attested copy thereof and of this order, to be inserted in one of the Newspapers printed in the town of Boston, and also in one of the Portland Newspapers, and published therein three weeks successively, the last publication to be ten days at least before the third Tuesday of February next, that all persons interested may have notice of said petition, and have opportunity to appear at the Court of General Sessions of the Peace, which is then to be holden at Portland, within and for said county of Cumberland, and make their objection, if any they have, to the granting of the same. Attest, SAMUEL FREEMAN, CLERK.
To the honorable the Justices of the Court of General Sessions of the Peace for the county of Cumberland, in the Commonwealth of Massachusetts, sitting at New Gloucester, in and for said county, on the third Tuesday of October, in the year one thousand eight hundred and one.
THE Petition of sundry inhabitants of Poland, Forest Gore, so called, Garm and Freeport, humbly sheweth—That it is highly expedient, and in our opinion will conduce much to public utility, to have a County Road, or Highway laid out from Mr. Michael Whitcomb's, in Poland, by Manton's mill in said Poland and Cape Tabbins in Pejepscot Gore, and capt Edward Thompson's in Freeport, and onward till it meets a way in said Freeport called Range D. and thence in a line that will cut to Porter's Landing in said town of Freeport:—That the inhabitants of towns on the north of Poland will be better accommodated, as the distance will be shortened to transport heavy articles to the shores for a market:—And having viewed the ground in part, and have a favorable report of the whole, we are of opinion that the expense will in no degree equal the advantages that will be found to result from a good passable road in the direction mentioned.
Our prayer is, that your honors, if in your wisdom you shall see fitting, will order a Committee to lay out a Highway in the aforementioned direction; and your petitioners are in duty bound &c. ever pray.
Thomas Finson, Thomas Bayley, True Woodbury, Henry Jackson, Andrew B. Giddings, Ichabod B. Nason, Job Lane, James Pitt, Enos Bishop, Elias Waldburn, William Giddings, Thomas Bray, Thomas Sweetser, James Jo-dan, Samuel Porter, William Plummer, Joshua Porter, William W. Peabody, Anthony Wakeman, John Ewins, Nathan Nason, Simon Caswell, William Pote, Zebulon Davis, jun., James Curtis, Joseph Lunder, David Dennison, Joseph Hutchins, William Blackstone, Avire Chandler, Ichabod Gerrish, Samuel Downing, ad., James Gerrish, John Downing, Benjamin Pettengill, Nehemiah Pachard, Nathaniel Backhouse, Nathaniel Chandler, Isaac Small, William Witham, William Pote, Jacob Bates, jun., Elezer Lake, Zebulon Harlow, Benjamin Richardson, Isaac Allen, Simon Jones, Joseph Leech, Elisha Sawyer, Benjamin Coombs, John Brooks, jun., Alden Bridgman, Ichabod Chandler, John Hamlin, True Woodman, John A. Hild, Benjamin Clifford, Ezekiel Turner, Thomas Finson, jun., Jacob Johnson, Samuel Dillingham, Joshua Hutchins, Joseph Townsend, John Stinchfield, Nathan Wesson, Ebenezer Witham, Moses Fitz, Samuel Tarbox, Thomas Bishop, Chandler Freeman, Jonathan Chase, John Chandler, Jonathan Emerson, Enoch Freeman, Ebenezer Lane, jun., William Chipman, Urias Nason, Isaiah Woodman, Joseph Lufkin, John Leech, jun., Richard Nason, John Leech, Daniel Moody, Benjamin Coombs, jun., Nathaniel Nason, Joseph Coombs, Thomas Downing, Ezekiel Bray, Michael Wellcome, Alfred Johnson, Nehemiah Sweet, Samuel Hild, Israel Bray, jun., Cornelius Dillingham, William Coruwell, Euphabet Osgood, Israel Bray.
At a Court of General Sessions of the Peace, for the county of Cumberland, begun and holden at New Gloucester, in and for said county, on the third Tuesday of October, A. D. 1801.
ON the petition of Thomas Finson, and others, whereof the foregoing is a copy, the Court order—That the petitioners cause an attested copy thereof and of this order, to be inserted in one of the Newspapers printed in the town of Boston, and also in one of the Portland Newspapers, and published therein three weeks successively, the last publication to be ten days at least before the third Tuesday of February next, that all persons interested may have notice of said petition, and have opportunity to appear at the Court of General Sessions of the Peace, which is then to be holden at Portland, within and for said county of Cumberland, and make their objection, if any they have, to the granting of the same. Attest, SAMUEL FREEMAN, CLERK.
CAME to my barn, this season, a HEIFER, 2 years old next spring, chiefly red, with some streaks of white about the legs, marked with a flit in the left ear, and a halfpenny upon the upper side of the same.—The owner may have her by proving property and paying charges. JAMES PITTEE. Northyarmouth, January 1, 1802.
AUCTIONS.
On WEDNESDAY, the 13th inst.
Will be sold at the head of Ingraham's wharf for the benefit of the Creditors of WILLIAM FENNELLEY, declared a Bankrupt, the following articles:
 BROADCLOTHS; Calicoes, Camel's hair and purple shawls, Merlees Quilting, Mullinets, Mullin and Linen Handkerchiefs, black Silk do. striped Veil patterns, Swanskins, Diaper Tablecloths and Napkins, Cotton and Worsted Hose, Jars, Faltians Florentine, Silks, India Cottons, Men's Hats, Scotch and colored Threads, Baizes, Button Moulds, Knives and Forks, Buckles, Buttons, Gun Locks, a quantity of Japan'd and Tin Ware, Razors, Snuff Boxes, Padlocks, Tables, Looking Glasses, &c. &c. 
Sale ten o'clock. Edward Oxnard, Auctioneer. Portland, 4th January, 1802.
WILL BE SOLD AT AUCTION.
On MONDAY the 18th day of January next, at the house of Major PAGE, in Bath, at 3 o'clock, P. M. for the benefit of the creditors of Zephaniah Harlow, jun. and Freeman Harlow.
A VALUARLE ROPE-WALK, conveniently situated in Bath, with the Land under and adjoining the same.—Said Rope-Walk is seven hundred and eight feet in length, and has attached to it an excellent and spacious new Brick Tar-House, and the usual fixtures necessary for carrying on the rope making business.
A credit of three and six months will be given for payment on good security. At the same time will be sold sundry articles of Rope-Walk Furniture. ANDREW GREENWOOD, ASSIGNEE. Portland Dec. 7, 1801.
JUST PUBLISHED,
The Maine Spelling Book,
CONTAINING a variety of Words, Accented and Divided; with Moral and Entertaining Lessons for Reading; useful Tables, &c.
To which is annexed, a Concise Geographical Description of the United States in general; and the District of Maine in particular.—Designed for Schools, and particularly adapted to be read in Class.
By THOMAS M. PRENTISS, Instructor of Union School—Portland.
Second Edition—Revised, Corrected, and Enlarged. The favorable manner with which the first edition of this work was received, the entire sale, and the increasing demand, have induced the author to issue a second edition. The utmost attention has been paid to render it correct, and deserving of extensive support. Sold at the several Book stores in town, and by the Author, at his School house in Union Street. January 4, 1802.
Just published, and reserved for sale at the Bookstore of JENKS & CLARK.
THE solemn declaration of the late unfortunate JAS. N. FAIRBANKS, from the original Manuscript, composed and signed by himself, and attested by his Counsel, a short time before his Execution—To which is added, some account of his Life and Character, and a correction of the Depositions of the principal Witnesses, from the late publication of his Trial as they were literally delivered in Court. The only conversation held by the Subject, at the place of Execution, was the following reply to the officer, at his last moment—"All that I have I have to communicate is already written in my Declaration." The whole collected and published by FB NEZER FAIRBANKS, jun. a Farmer of Deutham. Jan. 4.
THE subscriber having been duly appointed Assignee to the Estate and Effects of WILLIAM FENNELLEY, a Bankrupt—hereby calls on all persons who are indebted to, or who hold any of the said Bankrupt's property, to pay and deliver the same over to the subscriber, without delay. JOSIAH TUCKER, Assignee. Portland, January 2, 1802.
THE Creditors to the Estate of RICHARD WINSLOW, a Bankrupt, are requested to meet at the common officers office, in Fifth Street, on Monday the 24th day of February next, at eleven o'clock, A. M., and there to determine what measures to pursue, relative to certain demands, in favor of said estate against the French Government, or citizens thereof. NATHAN WINSLOW, ASSIGNEE. Portland, Dec. 31.
A Light bundle COW, was lately taken up in the inclosure of the subscriber. The owner may have her again by applying to the subscriber, and paying necessary charges. Portland, Dec. 28. THOMAS FREEMAN.
WANTED, one dozen live HOGS—weighing about 200 lbs. each—Cash given. Inquire of the Printer. Dec. 28.
COMMONWEALTH OF MASSACHUSETTS.
York, ss.—At a Court of General Sessions of the Peace, begun and holden at Biddeford, within and for the county of York, on the last Tuesday of October, being the 27th day of said month, Anno Domini, 1801.
ON the petition of a number of inhabitants of Portland, and Hiram, in said county, entered at last term, and continued to this, shewing that a Highway is much wanted, leading from Parsonsfield bridge over great Ossipee river, through part of Porterfield, and part of Wadsworth's patent, to Portland road in Hiram, being the same that was laid out about two years since by Simon Frye, Esq. and others, but not accepted,—and praying that a Committee may be appointed to lay out the same.
Also, on the petition of a number of inhabitants of said county, shewing that a Highway from the county Road near John B. Miller's, in Brownfield; by Carter Bean's, in Cutler's upper grant, to John Lord's and Nathaniel Merrill, jun. in Porterfield; to New Hampshire line; and a Highway laid out by Eaton in New Hampshire; will be of public utility;—and praying that a Committee may be appointed to lay out the same.
Ordered, That the substance of the said petition, with the order of Court thereon, be inserted in the Boston Columbia Centinel, and also in the Portland Gazette, three weeks successively in each; the last publication to be thirty days at least prior to the next term of this Court, to be holden at York, within and for said county of York, on the third Tuesday of April next; to the end the Proprietors of said lands, and any other persons interested, may then and there appear, and show cause, if any they have, why the said Highways should not be laid out as aforesaid. Attest, DANIEL SEWELL, CLERK.

POETRY.  CONJUGAL HAPPINESS. ADDED TO A LADY—From Dr. Langdon.  LOVE, like the flower that courts the Sun's kind When flourish'd only in the flutes of day, [ray, Blistu's cold air the generous plant annoys, And one chill blast of dire contempt destroys. O then, my friend, avoid that dangerous coast, Where peace expires, and fair affection's lost; By wit, by grief, by anger urg'd to bear The speech contemptuous and the tearful air. When love's warm breath, from rapture's trembling Falls to the temp'rate measure of delight: [height, When calm delight to easy tremulous turns, Greive not that Hymen's torch more gently burns. Unering nature in each purpose kind, Forbids long transports to usurp the mind; For oft dissolv'd in joy's oppressive ray, Soon would the finer faculties decay. True tender love one even tenor keeps: 'Tis reason's flame that burns when passion sleeps; The charm connubial, like a stream that glides Through life's fair vale with no unequal tides, With many a plant along its penial side, With many a flower that blows in beauteous pride With many a shade where peace in rapturous rest Holds sweet alliance to her fearless breast, Pure in its source, and temperate in its way, Still flows the fame, nor finds its urn decay.
Evening Dancing School.  MR. PETERS, respectfully informs the Ladies and Gentlemen of Portland, that he intends opening an evening school for the purpose of teaching the polite and necessary accomplishment of Dancing—which will positively commence on the 18th of January next—if sufficient encouragement be given—and to continue one quarter only. No one to be admitted after the school has commenced—Fees, 5 dollars per quarter half of which to be paid at entrance—Those who wish to subscribe, will please to call at Mr. Enno May's store, Clay-Cove. Portland. Dec. 21th
LIST OF LETTERS Remaining in the Post-Office at Portland, JAN. 1, 1802—NOT before advertised. LETTERS named with notoriety annexed are of Falmouth.  A.—Mrs. Mary Aldridge, Falmouth; Mrs. Elizabeth Alden; Mrs. Rebecca Arundell; Aaron Adams.  B.—J. Bean; John Baird; Joshua Britain; James Bliss; Joseph B. Baker; Daniel Burnam 2; Joseph Baker; Caleb Bradley; John Baker, Falmouth; Elisha Brown, Cape-Elizabeth; Joseph Beals, Falmouth; Miss Kezia Butler; capt. Abel Brown.  C.—Doctor Cummings; John Carter, 36; William Chace, 2; John Collins; Stephen Crale 3; William Cobb, jun.; Stephen Calef 4; William Cutter; John Curtis, jun.; Joseph Calef, Cape-Elizabeth; Joseph Cony; Thomas Comans; Mrs. Lydia Cushing; Nathaniel Cross; Nathaniel Crale; Mr. Cushman; Mrs. Lydia Carter; William Cammell, Falmouth; James Cox; Samuel Cox; Miss Nancy Corbet; Daniel D. Collins; Joshua Coker; James Cochran; Ezekiel Cushing.  D.—Joseph Dix 6, care of Rev. Mr. Kellogg; Robert Douglass; Jonathan Dune; Henry F. Dupper; Miss Betty Day; Miss Davis.  E.—William Ewell; Benjamin Eastman; Shirley Erving; Joseph Enderge.  F.—William Flanagan; Joseph B. Frost; John Fuller, Stearns-water; Jacob B. Fletcher; James Folsom; Nathaniel French.  G.—Dependence Gile; Beamsey Glazier 2; Ebenezer Griffin; Simon Gray; David Green; David Gray 2; Ezra Gilman; Daniel Gilbert; Horace Gould.  H.—Richard Huneewell; David Howard; William Hovey; Stephen Harris & Woodman; Mark Harris; Miss Betty Holland; John Harder; Mark Hutchins; Thomas Hale 2; Dr. Hinton; Miss Nancy Healy; Matthew Hedges; Amos Harris.  J.—Butler Jones 2; Morrill Jordan 3; Jabez Jones, Falmouth; James Jewett; Richard Jordan; Gen. Henry Jackson; Jesse Johnson.  K.—George Knight, Cape-Elizabeth, 4.  L.—Simon Lovett; Misses Lord & Dow; William Lowell; Zadock Low; James Louveitt; Thomas Lancaster, jun.; Jesse V. Lewis; Peter Lew.  M.—Thomas Morse; John McLellan; Nathaniel March; William Moulton; Stephen Merrill, Newbury; Samuel Maxfield 2, care of Rev. Daniel Bragdon; Zenas Morton; Miss Hannah Mearns, Falmouth; Henry Mansfield; Joseph Merrill, Back-street; Reuben Merrill, Falmouth; Moses Martineau; Jona. Marvery.  N.—Margery Now; Benjamin Noble; Nathl. Noyes.  O.—John Orde.  P.—John Pritchard; Miss Jane Perkins; Isaac Parke; William Patridge; William B. Peters; Joshua Parsons 2; Thomas Paine; Benjamin Prince, Falmouth, 2; George Pease, Otisfield, 3; Edmund Pillsbury, care of capt. John White, Falmouth; Mr. Parker; Philip Peck, Falmouth; Henry Patridge; Benjamin Page; John Paine.  R.—Caleb Randall; Charles Rogers; Abner Rogers; Capt. Rogers, of ship Prudence; Benjamin Rich; Samuel Richards 2; Samuel Richards, jun.; John Rowe; Peletiah Ricker; George Ryerson; Thomas Rogers.  S.—Jonathan Stewart 2; William Sadler; R. & T. Stover 6; Jeremiah Shaw; Joseph Smith; Ebenezer Smooton 2, Cape-Elizabeth; Richard G. Sawyer; Joseph Sawyer, Cape-Elizabeth; Mrs. Jane Smith; Mrs. Eunice Stover; George Spooner; Mrs. Mary Stuart; John B. Shaw; Jonathan Senmon; Elisha Sawyer, Cape-Elizabeth; Richard Salter, jun.; Rev. Nathaniel Sine, Falmouth; Isaiah Snow; Jonathan Snow; Ephraim Small.  T.—Benjamin Titcomb; David Thompson; Joseph Thaxter; Mrs. Eliza Tufts; Thomas Turner 3; William B. Thompson, care of Mr. Lell in G. Ser.; Matthew B. Tebbal, care of Mr. Grafton; Nicholas Titcomb; David Thompson; William Thompson.  U.—Thomas Usher; Joseph Underwood, Newbury.  V.—Eliot G. Vaughan, Phillipsburg, care of Wm. S. Quincy.  W.—Mrs. Eliza Walker; James Webb; Nathaniel Wadsworth, Falmouth; Mrs. Lydia Walker; Mrs. Jane Wilseal; Amos Ward; Harwell Williams; Mrs. Mehitable White, care of Salmon Chase, Esq.; James Webster; Edward Wilson; Israel Williams; Col. T. Wilson; William Wilder. 
Found,  ON Monday, 27th inst. between Mr. Matthew Cobb's and Fore-street, a Gown and Skirt, with a Handkerchief.—The owner may have them again by proving property.—Please to call on Mr. JOSEPH THAXTER. Portland, Dec. 28.
Blanchard & Hastings, Nos. 123 & 124, Orange-street, SOUTH END—BOSTON.  HAVE constantly for sale, a large and general assortment of  Crockery, Glass, & China Ware which they will sell on the lowest terms for cash or approved credit. Dec. 28, 1801.
Samuel M. Quincy,  Respectfully informs the public, that he has removed to the store lately improved by Mr. Lemuel Bryant, foot of Fifth-street—where are for sale, New and second hand QUADRANTS and COMPASSES.—Also, an assortment of  Wellandia Goods & Groceries. Whiting and Putty. Quadrants and Compasses repaired at short notice. Quadrant Glasses silvered in the best manner. As agent for the proprietor, he has just received  Patent Vibrating Balances, from 132 wt. to 2630 wt. at Boston prices. Dec. 26.
NOTICE is hereby given, that the Subscribers have been duly appointed Administrators on the Estate of Timothy Wentworth Barnes , late of Prospect , in the county of Hancock, Shipwright deceased; and have taken upon them that trust by giving bonds, as the Law directs. And all persons having demands upon the estate of the said Barnes, are required to exhibit the same; and all persons indebted to the said Estate are called upon to make payment to BETSY BARNES. GEORGE SHERBURNE. } Administrators.  Prospect, Oct. 6. 1801. (620)
WE the subscribers having been appointed by the Hon. Edward Cutts, Esq. Judge of the Probate for the county of York, to receive and examine the claims of the several Creditors to the Estate of SAMUEL JEFFERDS , late of Wells , in the county of York, Clothier, deceased, represented insolvent, hereby give notice, that six months are allowed to said Creditors to bring in and prove their claims on said Estate, and that we shall attend that service at the late dwelling house of said Deceased on the first Monday in January next, and on the first Monday of each of the five following months, from two to six o'clock in the afternoon. JEREMIAH HUBBARD } Commis. NATHANIEL WELLS, JUN. } Sutors.  Wells, Dec. 26, 1801.
TAKE NOTICE.  WE the subscribers, appointed by the Hon. Edward Cutts, Esq. Judge of the Probate, of Wills, &c. for the county of York, Commissioners to receive and examine the claims of the Creditors to the estate of JOSEPH WACKER , late of the plantation of Brewster in said county Yeoman, deceased, represented insolvent—do hereby notify the Creditors to said estate, that six months from the 27th of October last, is allowed for them to bring in and prove their claims; and that we shall attend to the abovementioned business, at the house of Mr. James Osgood, in Fryeburg , on the last Mondays of December, January and February next, and on the second Mondays of March and April next from one to five o'clock p. m. on each day. JUDAH DANA. } Commis. JAMES OSGOOD } Sutors. PHILIP PAGE. }  Dec. 27.
A further time of two months from the date hereof, is hereby allowed by the Hon. William Gorham, Esq. Judge of Probate for the county of Cumberland, to the Creditors of the Estate of FRANCIS JACKSON , late of Windham , in the county of Cumberland, Yeoman, deceased, to bring in their claims against said Estate to the subscribers, who will attend for that purpose at the dwelling house of Elizabeth Jackson, in said Windham , the third Tuesday of January next, and fourth Tuesday of the following month, from ten to four o'clock. PAUL LITTLE. } Commis. WINSLOW FULL. } Sutors.  Windham, Dec. 24, 1801.
THE subscriber hereby gives notice to all concerned, that having been duly appointed Administrator on the Estate of JOSEPH THOMPSON , late of Gray , in the county of Cumberland, Yeoman, deceased, has taken upon him that trust, and given bonds 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 STEWART, JUN.  Dec. 28, 1801.
DIRECT TAX.
STATE OF MASSACHUSETTS, THIRD COLLECTION DISTRICT, SECOND DIVISION.  NOTICE is hereby given, by virtue of an act of Congress passed on the 14th day of July, 1798, entitled, "An act to lay and collect a Direct Tax within the United States"—the following taxes assessed on the respective Houses and Lands to which they relate, became due and payable on the seventh day of April, 1801; of which the said reputed owners, possessors or occupants of said Houses and Lands, have been notified by the Collector in manner directed aforesaid, yet said taxes remain unpaid in said district, namely, Windham, Gray, New Gloucester, and Pejepscot Claim , situated in the county of Cumberland.
   Name of Owner, Su- perintendent or Oc- cupant, at the time of taking the Valuation. Value of each dwelling house. Tax on each dwell- ing house. Value of each parcel of land. Tax on each parcel of land. Total tax on lands or on individual.   D. Cts. D. C. D. C.     Joseph Allen, 000 00 334 35 0 95   Thomas Ayer, 892 50 2 53   Benjamin Arnold, 420 75 1 19   Samuel Buckton 132 37   James Ayers 198 56   Benjamin Bodg 391 95 1 11   Moses Bradbury's Heirs 155 10 44   Alden Bridgham 397 50 1 13   Daniel Brannin 348 15 98   Hugh Crague 155 31 666 60 1 89   Elizabeth Campbell 285 45 81   Gerham Clark 631 80 7 79   William Claridge 158 40 45   Amos Commins 163 20 46   Bowery Curtis 156 44   John Cushman 63 12 56 10 16   Mary Cotton 280 50 80   Ephraim Crockett 354 1   John Cobb 287 10 81   William Crabtree 165 47   Samuel Dolly 151 80 43  
   Joseph Doughty 247 50 70 Elisha Small 316 50 90   Joseph Dolly 99 28 Joseph Staples 557 25 1 58   Benj. C. Dergis, & } 108 22 29 70 8 Nathaniel Stevens 549 1 68   John Allen Samuel Starbord 369 60 1 5   Abel Davis' Heirs 282 60 80 Jeremiah Twitchell 321 91   Solomon Dyer 534 60 1 51 Moses Twitchell 165 47   Charles Elder 295 35 84 Samuel Thompson, jr. 304 50 86   Silas Elder 377 85 1 7 William Thompson 339 90 96   Joseph Elder 1115 40 3 16 Davis Thurlow 495 1 40   Isaac Elder 313 50 89 Samuel Thacher 66 1 40   William Elkins 476 70 1 35 Joseph Treadwell 404 85 1 40   William Elkins, jun. 263 80 80 Jonathan Varney 339 90 96   Jeremiah Field 313 50 89 David Varney 165 96   Moses Field 412 50 1 17 Samuel Varney 242 55 69   Benjamin Fickett 354 60 1 Oliver Winflow 33 9   Andrew Frost 594 1 68 Nathaniel Wilson 247 50 70   James Fogg 247 50 70 Samuel Waterhouse 121 24 40   Thomas Frank 282 15 80 Benjamin Waite 846 45 2 40   Isaac Foster 175 80 90 Noah W. Walker 252 45 71   Isaac Foster, jun. 99 28 Benjamin Winflow 264 75   Timothy Fogg, jr. 548 10 1 55 William Winflow 33 9   Nathaniel Ford 504 1 60 Ebenezer Watson 240 48 97   Samuel Foster 66 19 Josiah Wilson 292 50 83   Robert Forbes 151 50 43 Eunice Witham 345 93   John Fogg 386 10 1 9 William Webster 138 60 39   Enoch Grafton 108 22 188 John Wagg 181 50 51   Moses Greenleaf 272 75 77 Joseph Welch 696 1 97   Charles Gerrish, & } 660 1 87 Job Young 316 50 90   William Gerrish James Young 148 50 42   Ebenezer Gott's Heirs 396 1 12 Abigail Alery's Heirs 70 95 38   Samuel Gould 204 60 58 Jonathan Gilbert 240 90 08   Samuel Hanson 412 50 1 17 Hubbard Haskell 69 30 20   William Hooper 132 26 447 Stephen & Enoch Haskell 94 5 27   Israel Hodgdon 696 30 1 97 Nathaniel Kinsman's Heirs 23 10 7   John Hufsey 532 80 1 57 Northward Gustavus Glover 297 84   Wm. Hall of Falmouth 165 47 Samuel Merrill 16 50 5   John Henderson 33 9 Humphrey Merrill 330 93   David Hunt, jun. 323 55 92 Moses Merrill 330 93   Moses Hunt 419 10 1 19 Benjamin Marston 330 93   Richard Hayden 642 1 82 Thomas Rand's Heirs 268 95 2 53   Clement Hayden 148 50 42 Nymphus Stacey 44 55 13   Richard Hayden, jr. 297 84 Owners unknown in the town of Windham.   David Hayden 330 93 No. 57 3d Division 247 50 70   Jonathan Hayden 402 30 1 14 100 3d ditto 412 50 1 17   Robert Hannaford 352 10 1 56 3d ditto 247 50 70   Daniel Haskell 473 55 1 34 134 3d ditto 330 93   Wm. Happer's Heirs 862 50 23 20 3d ditto 330 93   Deborah Haskell 156 31 305 34 3d ditto 165 47   Gideon Haskell 174 90 50 47 3d ditto 247 50 70   Gideon Haskell 330 93 66 3d ditto 412 50 1 17   John Ingersol 365 70 1 4 98 3d ditto 82 50 23   Daniel Ips 660 1 87 51 3d ditto 247 50 70   Lemuel Jones 121 24 1277 Laid out to Peter Coleman }   Nathaniel Jordan 112 20 32 Wright, 28 acres } 69 30 20   Francis Jackson 209 55 60 30 3d ditto 330 93   Elisha Jordan 221 10 53 49 3d ditto 247 50 70   Ephraim Johnson 215 10 61 38 3d ditto 165 47   John B. Jordan 792 2 24 Owners unknown in the town of Gray.   George Knight 74 25 21 No. 6 1st Division 99 28   Josiah Knight 198 56 18 1 ditto 99 28   Daniel Libby 1707 75 4 82 10 2 ditto 99 28   Jonathan Libby 264 75 75 99 2 ditto 99 28   Ebenezer Liske 1078 30 3 5 107 2 ditto 99 28   John Luke 297 84 125 2 ditto 99 28   Solomon Larraby 491 40 1 39 54 3 ditto 169 95 48   Maybury Williams, 3d. 341 55 97 55 3 ditto 169 95 48   Maybury John 372 1 5 57 3 ditto 169 95 48   John Magford 421 50 1 19 58 3 ditto 169 95 48   Stephen Manchester 148 35 42 59 3 ditto 169 95 48   Jerem. Morrill 305 25 86 63 3 ditto 169 95
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