The New-Hampshire gazette and general advertiser (Portsmouth [N.H.]), 1790-04-21 00:00:00

New - Hampshire Gazette, and the General Advertiser.
Containing the Laws, &amp;c. of the United States, as well as those of this State passed since 1787, with a variety of other matters both useful and entertaining.
PORTSMOUTH: Printed by JOHN MELCHER, at his Office in Market-Street, at nine shillings per Annum.
From the AMERICAN MERCURY.
The OBSERVER.
Excises and duties on trade, imposed by individual States, inconsistent with the rights of the federal constitution. —An extract from an inquiry into the excise laws of Connecticut.
IT is questioned by many good and sensible men, whether the Excise of a particular State is consistent with the federal Constitution—I will endeavour to examine the subject, with all the candour its magnitude requires.
The clause of the Constitution, on which doubts have arisen, is in the tenth Section of the first Article, in these words, "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws." The question then resolves itself into this point; whether the Excise of any State is an Impost or Duty upon Imports according to the letter and spirit of the Constitution. To determine the question, let us first discover the true meaning of the words, on which the whole depends.
The Taxes laid by government on goods, wares, merchandise or manufactures fall under the following denominations; Duties, Imposts, Customs, Excise . Duties is a word of general import, comprehending every species of tax charged by the public upon any goods whatever. All Imposts, Customs and Excises , are Duties . Impost is strictly speaking a word of the same comprehensive signification. It is from the Latin impono , to lay upon or impose ; or more accurately from the participle impositum any thing laid upon or imposed. It is equivalent to duty, implying any charge or price imposed upon goods, and owing or payable by law to government. This will be more fully proved afterwards.— Customs is derived from the French coutume or cost , from whence we derive our word cost . It signifies originally price, charge, toll or tribute; but according to the practise of commercial nations its proper sense is Duties or Imposts upon goods imported from foreign countries, payable by law to government, by the importing merchant, at the port of entry or delivery. Excise from exijum to cut off, is "an inland imposition, paid sometimes upon the consumption of the commodity, or frequently upon the retail sale, which is the last stage before the consumption"—Blackstone, Com. vol. I. ch. 8. It was originally intended to be a Duty or Tax distinct from customs — customs being laid upon imports and excise upon home manufactures . In general this distinction is still preserved in England, excises being mostly laid upon articles manufactured in the kingdom, and paid at the manufacturers. In a few instances, duties are laid upon imported articles; as upon several kinds of spirits, tea, sugar, coffee, which duties are called excises , though some of them are improperly so denominated, being collected by the officers of the customs upon the articles in bulk. This is the case with liquors imported. See Postlethwaite Dict. of Commerce, vol. I. article excise .
The general distinction however observed in England, where we are to recur for the true meaning of these words, is this; duties on imports, payable at the port of entry or delivery are called customs ; duties on home manufactures, which are usually paid at the manufactory, are called excises . This distinction is made, where duties are laid on the
same articles, and by the same act of Parliament. Thus a duty on candles imported, laid by 3 Ann. I. is numbered among the Customs . A duty on Candles made in Great-Britain, laid by the same statute, is called an Excise . The same remark applies to skins, hides, soap, and many other articles. The distinction then between customs and excise is well established. See Postlethwaite, vol. I. articles, customs and excise .
What then is the distinction between Impost and Excise , or is there any distinction? The distinction seems to be this: Impost is a genus of which Excise is a species. Impost is a generical term, comprehending every kind of tax, duty or imposition upon goods, whether imported or home manufactured. Excise is one species of this tax, viz. a duty on home manufactures, and in three or four instances, has been extended to the retail sale of foreign commodities.
As the foregoing definition of impost is different from the common idea of it in this state, it is necessary to show the grounds on which it stands:
That Impost comprehends every species of tax or duty, whether on imports, exports, or manufactures, is deducible, first, from the derivation of the word; the original denoting any duty, charge or burden upon some person or thing. Secondly, the word has been generally used in this comprehensive sense by the best English writers. If so, then Excise is one species of Impost , and it is so understood in England.
The best compilers of dictionaries explain Impost to be any tax, toll or tribute. A land tax is an Impost upon land, in the true sense of the word; and the duty upon the portage of letters, upon chimneys, or hackney coaches, is strictly speaking an Impost on those articles; the duty is said to be imposed by act of Parliament, and that which if so imposed is an Impost or an imposition . This explanation is founded on the best definitions of the word in our language. But not to rest on etymology, let us attend to common practice, or the popular sense of the word.
Postlethwaite, who treats expressly of commerce, defines Impost to be, "a tax or duty laid by the sovereign authority, upon such merchandizes as are brought from foreign countries; it is sometimes applied to a tax imposed upon domestic productions and manufactures." It does not appear by this definition, that a particular mode of levying and collecting a tax is necessary to constitute it an Impost . On the other hand, it seems that any tax or duty may be denominated an Impost . To come nearer to the point; the Excise itself is called an Impost , in an ordinance of the Commons, dated 1649; the " Impost of Excise ;" and Blackstone's definition of Excise makes it an Impost ; for he calls it "an inland imposition;" imposition here signifying the thing laid, is precisely equivalent to Impost . So that the best writers on the subject of duties use Impost in the extensive sense before explained.
In this state, we have made a distinction between an Impost and an Excise ; making one to be a duty payable on the first importation; the other a duty payable by the retailer. But the distinction is in a great measure, a creature of our own; and it arises from our mistaking Imposts for Customs . We use Impost as the English do Customs : Whereas both Excise and Customs are equally Imposts . Thus the word Impost does not make a distinct head of duties in English writers, for it comprehends all. Postlethwaite, Blackstone, the Parliamentary register use Impost in this
general sense, and class the duties payable on importation or exportation, under the head of Customs —and the duties paid on the retail sale of tea, coffee, sugar and certain liquors, together with those paid by the manufacturer, under the head of Excise . We have, in our practice, confounded terms, using a general term for one of the species ; and it is matter of some doubt whether the United States will agree to our sense of the word, in their construction of the Constitution.
But if the word Impost did not comprehend Excise , so as to restrain the States from laying the duty; yet the word duty ; which is used in the same clause, would extend the prohibition to every possible method of levying money on imports. This word is universal in its signification, and the Convention, in wording that clause of the Constitution, seem to have been aware of some misconstruction of the word Impost , and therefore used the word Duty which is of unequivocal meaning. They used two words of general import; " Imposts or Duties ." They could not use them in different senses, for all Imposts are Duties ; but they used Duties as an explanatory term more generally understood. Thus far we meet with little difficulty. But an explanation of the subsequent part of the clause is not so easy. The question depends on the true meaning of the words imports and exports .
An import in commerce is an article of goods brought from a foreign country, either by land or water. An export is an article sent from our own to a foreign country. Every article of home produce or manufacture may be exported; but is not considered as an export , unless actually sent abroad. Duties on exports are usually paid on the shipment of the goods.
Now it will be admitted that every article of merchandise brought hither from a foreign country is an import , at the time of entry and delivery; and of course, that no state can, without the consent of Congress, lay any tax or duty upon them at the time of importation. But the main question is, whether after the goods are landed, lodged in ware-houses, and opened for sale, they do not lose the name of imports . If they do, the States are not prohibited from laying duties upon them at any period, after they have lost that appellation.
I presume to assert that in the common language of merchants, goods imported never lose the name of imports . The wholesale merchant, and the smallest retailer, would call the goods in their stores and shops, imports ; the imports of the country ; the imports from England, Ireland and the Westindies . These phrases are the usual language of the country. If then the common popular acceptation of a word, used and understood in all commercial countries, is to decide the point, goods brought from abroad never lose the name of imports . When should they lose the name? Is it when they are landed? When they are opened? Or when they are sold to the retailer? I confess I am yet to be informed at what particular period or stage of business this change takes place; or by what name the goods shall be called after having lost the name of imports . Should it be laid that Congress, having exercised their authority over these goods and collected a duty upon them at the time of importation, can have no farther right over them; the goods are then within the jurisdiction of the State Governments, and subject entirely to their laws; this would not operate against my argument. For this unlimited power of the States might interfere with
the commerce of the United States, over which Congress are empowered to exercise exclusive authority. Suppose a state should lay a duty upon the retailing of dry goods, of 25 or 30 per cent. the highest possible profit, and should enforce the collection with the most rigorous severity, would not such a duty entirely defeat the commerce of that State? Most clearly. But would not this interfere with the national commerce, which by a clause of the constitution, is placed solely under the controul of Congress? It certainly would. But suppose three, five or more of the States should take such a step, would not Congress have power to counteract such ruinous measures? By the constitution they undoubtedly have such power. Now admit the principle, that the States can lay any, the smallest duty on imports, under the name of an excise , by the same right they can lay the largest duties, amounting to an actual prohibition of the articles: And a constitutional power in the States to lay duties on goods imported, under any name whatever, is a power fully competent to ruin the whole commerce of the United States. A power which I am confident does not exist. A right then in each State to lay duies on imported articles , will certainly interfere with our national commerce; but the Constitution of the United States prohibits every such interference, by giving the power of regulating foreign commerce and the commerce between the States, exclusively to Congress. The power then claimed by the States of imposing duties on imported articles in any shape, is directly opposed to the letter as well as to the spirit of the Constitution.
There is another clause of the Constitution, the spirit of which seems to oppose this power in the States; viz. that "which declares that all duties laid by Congress shall be uniform throughout the United States." The design of this clause is not merely to prevent Congress from laying duties in a partial manner; it has this farther design of preventing one State from having superior advantages to its neighbour, and the infinite number of frauds which always grow out of a difference of prices in different parts of the country. But if the States have power to lay duties on articles of import, the evil is not removed; for some States purchase these articles in other States. If Connecticut can lay duties on dry goods, and call them excises , New York can do the same; and that State also can, as Connecticut has done, define the word retail in the most arbitrary manner. The legislature may say that the sale of goods of less value than thirty, forty or fifty pounds shall be deemed a retail sale . This is assuming no more than Connecticut has done. But would not this measure lay a duty on goods purchased every day by our traders? The merchants in New-York must evade the duty, or our traders must pay it. Would not this be directly repugnant to the federal Constitution; one great end of which is to disarm the States of this power of imposing duties on their neighbours? I presume no man will deny that it would.
In every point of view therefore the excise of an individual State is inconsistent with the federal Constitution. It is repugnant to the words of it, for every species of excise is an impost , according to the true meaning of the word; and we may with equal propriety, say, the impost of customs , the impost of tonnage , the impost of land tax , or the impost of excise . The last phrase, impost of excise , is used by the best writers on the subject.
The duties laid by any State are repugnant to the spirit and intent of the

Constitution, for they actually do and may still more interfere with the commerce of the United States; and the power of taxing articles of import at any time or in any way, if once admitted to exist in the individual States, will amount to a power of embarrassing trade, and even of prohibiting any importation at all. This conclusion is so obvious, that I do not see how it can be denied, for if we admit a principle, we admit all its necessary consequences.
The States seem to have power to lay excises according to the true original sense of the word; that is, duties on the produce and manufactures of their own States. Further than this their power does not extend. Congress also have a concurrent power with the States in this particular; "to lay and collect taxes, duties, imposts and excises." These words comprehend every species of tax upon real or personal estate. Monies raised on lands, polls, houses, cattle, &c. are usually called taxes . Monies raised on goods imported or exported are called duties and imposts . Monies raised on manufactures and the retailing of liquors are called excises . But in a more enlarged sense, taxes and imposts comprehend every method of levying money on real or personal estate. Duties are usually restricted to taxes on goods, wares and merchandise; Excise only being confined, to a particular mode of laying duties, and for the most part, to duties on manufactures. These distinctions are well understood in England, and probably will soon be equally established and understood in America.
An ACT of CONGRESS.
Congress of the United States. An ACT to establish an uniform Rule of NATURALIZATION.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law Court of record, in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such Court shall administer, and the Clerk of such Court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That no person heretofore proscribed by any State, shall be admitted as a citizen aforesaid, except by an act of the legislature of the State in which such person was proscribed.
FREDERICK A. MUHLENBURG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States and President of the Senate. Approved—March 26, 1790. GEORGE WASHINGTON, President of the United States. (True copy) THOMAS JEFFERSON, Sec'y of State.
BLANKS of all sorts printed and sold at J. MELCHER'S Printing Office in Market-Street, VERY CHEAP.
HOUSE of REPRESENTATIVES of the UNITED STATES.
WEDNESDAY, MARCH 31. MEMORIALS of the Philadelphia and New-York Tobacco Manufacturers, respecting an enhanced duty on Tobacco and Snuff, were read.
The amendments of the Senate to the Bill for promoting the progress of useful arts, were read.
A message was received from the Senate, informing the House that they have passed an Act to prevent the exportation of goods, not duly inspected according to the laws of the several States.
ASSUMPTION OF STATE DEBTS.
The debate on this subject was continued—but no decision had.
Mr. Sedgwick, of the committee to whom was re-committed the Bill to regulate the intercourse between the United States and foreign nations, brought in a new bill, which was read the first time.
THURSDAY, APRIL 1. The Bill to regulate the intercourse between the United States and foreign nations, was read the second time, and referred to a committee of the House, to be taken into consideration on Thursday next.
The Speaker signed the N. Carolina Session Bill, and Bill to prevent the exportation of goods not duly inspected, the same being duly enrolled.
After a short conversation on a resolution introduced yesterday, respecting the Secretary of the Treasury, Mr. Sedgwick withdrew the same.
ASSUMPTION OF STATE DEBTS.
This proposition was again strenuously debated until after three o'clock, when the committee rose, without a decision.
A message was received from THE PRESIDENT of the United States by his Secretary, with the ratification by South-Carolina of the amendments proposed by Congress to the Constitution.
FRIDAY, APRIL 2. The Members of the House assembled, met this day at the usual hour—but on account of its being Good Friday, adjourned until to-morrow.
SATURDAY, APRIL 3. A message was received from the President of the United States by his Secretary, informing the House that he has assented to the act for preventing the exportation of goods not duly inspected according to the laws of the respective States.
A message was received from the Senate informing the House, that the act for accepting the cession of the claims of N. Carolina, to a certain district of Western Territory—had received the assent of the President of the United States.
Mr. Vining moved for leave to bring in a bill for amending the act for establishing the Executive Department of the Secretary of State, so far as to enable the Secretary to keep the foreign and domestic branches of business distinct, and to appoint a chief Clerk to each, &c.
This motion introduced a desultory conversation. Some amendments were offered and debated; but it was finally negatived.
Mr. Sherman offered a resolution to the following purport:—That the Secretary of State be authorised to appoint an additional Clerk in his office, at a salary of 800 dollars, which was agreed to.
Several petitions were read and laid on the table. Adjourned.
MONDAY, APRIL 5. In committee of the whole. Mr. Livermore in the chair.
The bill for further suspending certain clauses in the Collection Law, was read, and taken into consideration—Some amendments were proposed but not adopted—and the bill passed to be engrossed.
The bill allowing compensation to John Ely for his services as a Surgeon to the late army, was read the second time, and after a lengthy debate, the
question on the bill's passing to be engrossed, was negatived—24 to 22—and to the bill was lost.
A bill for granting relief to certain officers of the late army therein described, was read.
A message from the President of the United States, with amplifications of three acts passed by the State of New-York, viz.—An Act, providing for the safe keeping of prisoners of the United States—An Act, for ceding lighthouses to the United States—and an Act ratifying the amendments to the Constitution. Adjourned.
TUESDAY, APRIL 6. The engrossed bill, further to suspend part of the collection law, was read—the blank filled up, and the bill passed to be enacted.
The bill for the relief of certain officers therein described, was read the second time—and referred to a committee of the whole House.
A memorial of Joseph Henderson was read, and referred to the Secretary of the Treasury.
A report from the Secretary of the Treasury on the memorial of the Baron de Steuben, was read.
In committee of the whole House, on the act for the punishment of certain crimes against the United States. The motion for striking out the clause respecting the bodies of murderers being delivered to surgeons after execution, for dissection, was further debated—a number of gentlemen spoke on each side of the question—the affirmative was supported by Mr. Page, Mr. Heister, Mr. Jackson, Mr. Stone, Mr. Tucker, and Mr. Clymer—the negative by Mr. Huntington, Mr. Madison, Mr. Smith (S. C.) Mr. Sedgwick, Mr. Williamson, and Mr. Ames; and the motion being put, was negatived—and the clause retained.
Several other motions for amendments were negatived; but the committee rose without finishing the discussion of the bill.
Hon. Timothy Bloodworth, member from N. Carolina appeared, produced his credentials, and took his seat.
Foreign Intelligence.
By the Ship NEPTUNE, Capt. SCOTT, and Ship MARY, Capt. BARNARD, from London.
L O N D O N, Feb. 27. H O U S E of C O M M O N S.—Feb. 26, 1790. AMERICAN TRADE BILL.
The Marquis of GRAHAM brought in a Bill for amending certain Acts passed in the 28th year of his present Majesty, entitled, "An Act for the better regulating the trade between Quebeck and the American States, and the American States and the West-Indies"—Read a first time, and ordered to be read a second time, on Monday next.
The preparations for war, both at Vienna, Berlin, Warsaw and Stockholm, all proceed with the greatest activity.
The Turks have raised the pay of all their Asiatic soldiery nearly two-thirds more than it was last year. In consequence of this encouragement, they have now more soldiers who offer their services than they can well engage.
Two Prussian camps are, it is said, to be formed next spring in Western Prussia, on the coast of Samogitia and that of Cracow. The Polish army, divided into three bodies, will form three camps, one under Kamienieck, another on the frontiers of Galicia, and a third in Lithuania.
Directions are given for carrying on a prosecution for High Treason against Lieutenant FRITH. The species of Treason to be charged is, compassing and imagining the KING'S Death. The Overt Act to be given in evidence, the throwing of the stone. If insanity be set up as a defence, a Jury will be impanelled to try that fact; and if they find him sane, judgment will follow without any other form of trial, as
the plea of Insanity must confess the fact.
The King of Spain's proclamation of the 25th of last month, denounces vengeance on those who dare to bring within his territories a Printed Paper!—Most of the Princes of Europe would be just as oppressive, provided their subjects would permit them!
Ministers have received advices from Vienna, dated the 13th instant, in which they are informed that the Physicians, on a consultation, had pronounced the Emperor to be beyond the power of medicine, and that they could only hope to prolong his life for a few days. The Emperor received the information with great exemplary calmness, thanked the Physician for the honest communication, and rewarded him with a purse of 12,000 florins.
FRANCE.
Tranquility is now happily established in France; and the wonderful Constitution of that country is now on the point of being fixed for ever. Posterity will learn with astonishment, that an immense Empire has changed totally in the space of a few months, and almost without bloodshed, a system of Tyranny that had lasted for upwards of fourteen centuries.
PHILADELPHIA, March 31.
We are authorised to assure the public, that dispatches have been received from Paris, of the 16th of January, from which it appears, that the King of France was then in his capital, and the National Assembly pursuing their deliberations.
We hear, that Major General du PORTAIL is expected from France with a body of French settlers. This gentleman served with great reputation in the late war, and is a man of very estimable private character.
This day was landed, from the ship Amsterdam-Packet, a large quantity of dollars. The balance of trade, formerly so much against us, appears now to be in our favour. Instead of European vessels entering our ports loaded, and returning with the specie of our country, we now find them coming to us for lading, and bringing specie to pay for it.
Number of Slaves in the British West-India Islands, in the year 1788.
   In Jamaica, 174,000   Barbadoes, 80,000   Antigua, 36,000   Grenada & Grenadines, 30,000   St. Christopher's, 27,000   St. Vincent's, 15,000   Anguilla, Tortola, &c. 14,000   Nevis, 10,000   Montserrat, 9,000  
Total, 396,000
N E W-Y O R K, March 20.
The great shipments of grain from America immediately to France, and the high prices which the Americans have got and will for a long time to come continue to get for that article, from that kingdom and other countries on the continent of Europe, has made our old friend Britain a little sharper sighted than usual. She has looked into the case of the Hessian Fly rather more narrowly than she did before her proclamation came out forbidding the importation of American grain into that island for fear of that little insect, and finds that it is a mere bugbear: The truth of the case is, that she did not like to see so much American commerce going to her neighbours, for she well knew that large exportations of American produce to France would produce a stronger connection with that country and large importations from thence, and leave a surplus with their correspondents in France, to pay off the American balances to their British creditors. How would this suit with British navigation, British manufactures, and the whole system of British policy—not to have American produce loaded with two freights, two commissions, and all the other incidental charges on shipping grain, &c. through England to France, and having returns through the same channel?
Sailed a few days since, the ship

Nancy, Smith, for Batavia and Can- ton; and brig Grand Sachem, Jack- son, Maderia and Madras.
It is said the Nancy has on board, besides her other cargo, not less than NINETY THOUSAND dollars in specie. Extract of a letter from an officer on board the ship Columbia, to his friend in Boston, dated Nootka Sound 23d July, 1789.
"On the 22d Sept. last we arrived here on this long wish'd for North-west coast of America, where we met our consort the sloop Washington after be- ing absent from her six months, the crew of which were then well, but had been extremely ill of the scurvy (of which disease we lost two of our people) We had the misfortune of losing our astro- nomer Mr. Nutting, overboard while in the Atlantic Ocean. This side of the continent affords but little news; the most material at present is that the Spaniards have taken possession of this sound and erected a fort of sixteen guns —they have also here two ships and are determined to take all English vessels that may arrive here—They have al- ready captured three, viz. a snow com- manded by Capt. Collenet, a sloop by Capt. Hudson, and a schooner by Capt. Funter all belonging to one company. We hourly expect an American snow, Capt. Metcalf, from Canton, whom the Spanish commodore has promised not to molest. To-morrow we expect to proceed to the northward in com- pany with the sloop as far as Cooks-river, from thence to Canton.
BOSTON, April 13.
SQUADRON OF OUR ALLIES.
The Squadron, under the command of the Vicount de PONTEVES is, we hear, to return to our harbour next summer. This must give pleasure to the many friends which that Nobleman and his Officers formed to themselves by their politeness, and to their nation by the good discipline which they main- tained throughout their command. And it must prove very advantageous to our citizens to have such returning opportunities to supply the Fleets of our good Allies.
GREAT FOLKS MOVE SLOW.
A correspondent cannot but observe, that it would be more for the reputa- tion of Congress, to attend to the revi- val of the FISHERIES of the northern States, than spending their time in considering the petition about Avicans ; or that they would attend to the en- couragement of our CARRYING- TRADE, rather than spending upwards of three months, in a business, which is as far from being accomplished as the day they assembled.
Another correspondent remarks, that the observation of the countryman in the CENTINEL, respecting Congress "consuming" the State debts, he is af- fraid will prove literally true, for if we may judge from their present tardiness in deciding on the Report of the Secre- tary of the Treasury, they will nearly "consume" the whole amount of the State debts, before they come to any decision on this important business. Six dollars per day, without more bu- siness being done, will soon bring the revenue into a galloping consumption.
INDIANS.
Extract of a letter from Harrisburgh (Vir.) March 17.
"Friday passed through here, on his way to New-York, Captain Alexander Thompson, from Muskingum, who informs us, that the Indians have com- mitted depredations on the Ohio river —that they took several boats going to Kentucky and killed the people; that the Shawanese and Cherokees had been particularly mischievous at the Three-Dolans, above Lime-Stone; that the Spanish Governor had invited the Indians to remove to his territory; and informed them, that the American people were surveying their lands, and would take it from them, and kill them as they did their Moravian brethren; that 5 runners from the Wiandots, with their half-king, and White-Eyes, of the De- lawares, arrived at the Muskingum, two days before his departure, inform-
ing of the Savages being near that place, with design to attack it, as they were determined to leave their mark behind them, before they went off."
A correspondent observes, that the decision of the Assembly of New-York, in declaring the seats of Federal Offi- cers vacant, must give pleasure to every person who wishes to keep the powers of the Federal and State governments distinct.
A Gentleman from the banks of the west fork of Delaware, in the state of New-York, informs us that great at- tention has been paid to MAPLE SU- GAR making, by the new settlers in Montgomery county, and that they are likely to send upwards of one hundred casks of it this summer to the Philadel- phia market.
FROM NEW-YORK—APRIL 4.
The Bill for accepting the cession of Territory, by N. Carolina, and that for preventing the exportation of goods not duly inspected, received THE PRE- SIDENT's assent yesterday.
There is a strong talk of rising in May—to have another session late in the fall—but I think, except they quicken their motions they must set forever, if any business is to be com- pleted; but slow and sure is a good motto—It is a new business, and omis- sions are not so bad as errors.
We have several vessels from Europe —a packet in 54 days from St. Maloes —All quiet in France, so far as I can hear.
The antifederalists of Rhode-Island have agreed upon a list of officers for the next year—in which they have left out Governor COLLINS, and nomi- nated Deputy-Gov. OWEN to fill the foot—Mr. Owen has publicly declined the nomination, and has nominated Mr. ARTHUR FENNER—who, it is said will be chosen.
APRIL 17.
ASSUMPTION OF STATE DEBTS.
Mr. LEAR, Secretary to THE PRE- SIDENT of the United States, who arrived in town, on Thursday evening from New-York, informs, That on Monday last, the question, on the As- sumption of the State Debts , was put in the Committee of the whole House, and passed in the NEGATIVE, NOES 31, YEAS 29—Majority 2.
We are, however, assured, that so essentially connected are the various parts of the SECRETARY'S REPORT, that if the ASSUMPTION does not finally take place, the domestic debt will not be funded.
A Circuit-Court of the United States, was held by the Hon. Chief Justice JAY, Judge CUSHING, and Judge DUANE, at New-York, on the 6th inst. at which a cause of mutiny was tried.
Capt. FARIS, from Ireland, informs, That the EMPEROR OF GERMANY died about the 1st of March.
The Russians, it is said, will the en- suing summer, make Constantinople their Head-Quarters.
OF FRANCE.
In the National Assembly of France, on the 20th Feb. 1790, the Marquis de la FAYETTE, observed, "That the internal commotions had been ex- agerated, and would soon die away of themselves, when the Constitution of the Kingdom was finally settled."
The Marquis de FAVRES—the no- bleman mentioned in the papers lately, as one of those who meditated the bri- bery of the National Troops, and the murder of the Marquis de la FAYETTE —has been publicly executed at Paris.
Extract of a letter from London, dated March 4th, 1790—at night.
"Have but a moment of time to communicate a piece of intelligence, important, and necessary to be gene- rally known. By a late Order, recent- ly received, no article whatever can be admitted from America into this coun- try in any vessel whatever, British or Foreign, except the same is of the ac-
tual production of the United States— Of course, Cotton, Woods, and other produce, the production of the East or West-Indies, are actually prohibited— 40 bales of Cotton, from Maryland, in a British ship, are now under seizure. Whatever is sent hereafter, must first be sent to some admissible port in the Continent, and from thence may be brought in."
SHIP NEWS.—ARRIVED—
April 15, 1790.—Ship Neptune , Capt. James Scott, in 42 days from London. In long, 55 W. the British Packet, bound to Halifax and New-York, was in sight. Left at London, Brig Ceres, Sturgeon; and brig Hope, Hubbard, of Boston—the latter to sail 20th March.—Passengers, Mr. S. SPARHAWK, and Miss MARTIN.
Brig Nancy , Capt. Holland, in 31 days from Surinam—Brig Esther , Capt. Dan- iel Coffin, jailed in company; Brig Nan- cy , Capt. Cook, and Brig Harmony , Capt. Wheaton, were to sail the next day after Capt. Holland, for Providence. Left there, Captains Brown and Bradbury, of New- bury; Captains Lowell, and Wallace, of Boston; and Capt. Gerrish of Portsmouth. Ship Mary , Capt. Barnard, in 46 days from London. Passengers, Mr. BOOT and LADY, Mr. WILLIAMS, Mrs. BAR- NARD, and Miss LOVE.
Brig Eliza , Capt. Faris, from Dublin, in 32 days. Left there, Brig Sally , Capt. Caldwell, of Boston; and a ship from Portsmouth.
Brig Maria and Eliza , Capt. Blunt, from hence, is arrived at Bristol.
PORTSMOUTH, April 21. COUNTERFEITS.
The public are cautioned to beware of counterfeit dollars, a number having been lately detected in the city of New- York. The composition is mostly brass washed with silver. There are two sorts in circulation.
One kind, dated 1782, on the head side, has a fault in the top of the 8, and the 2 is out of proportion; the nose of the head of Carolus III. is sharper than on a real dollar. On the pillar side, the letter HISPAN. ET IND. REX. M. 8. R. F. F. are very clumsily exe- cuted; as are likewise the words PLUS ULTRA, the letter A. being quite out of order.
The other kind is dated 1787. The G. in Gratia , on the head side, is very imperfect; the nose is too sharp, and the notching round the edge much lar- ger than on a real dollar. In the word HISPAN, on the pillar side, the N. is placed at a greater distance than the other letters.
They have a clear sound, but not ex- actly that of silver.
We learn a number of counter- feit Pistoles have been passed in Virgi- nia, and that three men have been ta- ken up and committed to gaol on that account.
Extract of a letter from a gentleman in London, to his friend in Philadelphia, dated Jan. 4, 1790.
"SIR, "By order of his Majesty (with the advice of his Privy-Council) inserted in the London Gazette of the 26th ulti- mo, the export of wheat, wheat-flour, rye, rye-meal, barley, barley-meal, malt, bread, biscuit, oats, oat-meal and beans, is PROHIBITED from every port in Great-Britain, until further order; and the IMPORT ALLOWED, likewise until further order into England, Wales, and Berwick upon Tweed, at the low duties, which are, on
Wheat, 6d. per Quarter. Wheat-Flour, 2d. per 112 lbs. Rye, 3d. per Quarter. Barley, 2d. per Quarter. Oats. ditto. Rye-Meal and Barley-Meal will by no means answer at this market; nor can I encourage you in the import of Oat-Meal.
DIED] On the 27th ult. at New- market, Mrs. EUNICE HALL, relict of Joseph Hall, Esq. in the 95th year of her age.—Her first husband was Capt. Josiah Parsons, of Newmarket, deceased,—by him she had 10 children —of them 75 grand-children—100
great-grand children—and 2 of the 5th generation—187 in all; A singular instance of longevity and fecundity.
ENTRIES at the CUSTOM-HOUSE of this district.
ENTERED FROM Brig Ceres , Ceres, Long, Port-au-Prince, Sloop Polly , Hooper, Cape-Francois; Schooner Industry , Brayn, Shelburne. Brig Polly , Rice, Pool. Schooner Nancy , Wyatt, Halifax. Sloop Friendship , Currier, Maryland. Schooner Nancy , Bell, S. Carolina. CLEARED FOR Schooner Union , Boadge, W. Indies.
WHEREAS JOSEPH ADAMS of Barnstead, has in his possession a NOTE OF HAND, said to be signed by the subscriber, bearing date April 28, 1786, for the sum of twelve pounds, L. M. which Note said Adams must have obtained unlawfully, as I do not owe him one farthing, either by Note or Book Debt,—this is therefore to caution all persons from purchasing said Note of Hand, as I am determined not to pay the same, unless compelled to by law. MOSES DENNET. Barnstead, April 20, 1790.
Hillsborough ft.
To the honorable the Justices of the Superi- or Court of Judicature, now sitting at Amherst, in and for the County of Hills- borough, on the first Tuesday of Novem- ber, Anno Domini 1789, by adjournment.
THE petition of Elizabeth Sym- onds, wife of Joseph Symonds, late of Derryfield, in said county, hus- bandman, humbly sheweth—That they were duly intermarried about ten years since, and during the first five years they lived together and had one child, and during the said first five years the said Joseph squandered not only what estate he had, but likewise all the estate she had and a great part which her mother had, and for more than five years last past hath left your petitioner with her child, without any thing to support them, who are an unreasonable burden on her aged mother, who is poorly a- ble to maintain herself, during all which last mentioned time the said Joseph hath not done the least thing either for the support of your petitioner or the child, and hath withdrawn himself from the United States, and hath removed himself into the dominions of the king of Great-Britain, all which are in vio- lation of his marriage vows and cove- nants. Wherefore your petitioner hum- bly prays that she may no longer be held a slave in a country which spurns at the very idea of slavery, but that the bonds of matrimony between the said Joseph and Elizabeth may be de- clared null and void; and as in duty bound will ever pray.
ELIZABETH SYMONDS.
Derryfield, Nov. 4, 1789.
Copy examined by NATH'L ADAMS, (Clerk.)
Hillsborough ft.
Superior Court, October term, 1789, held by adjournment the first Tues- day of November 1789.
UPON reading the foregoing peti- tion, ordered that the petitioner be heard thereon, before the Justices of the Su- perior Court of Judicature, next to be holden at Amherst, within and for the County of Hillsborough, on the second Tuesday of May next, and that the said petition and order of Court thereon be published three weeks successively in the New-Hampshire Gazette.
Attest, NATH'L ADAMS, Clerk.
ALL persons indebted to the estate of Benjamin Parker, late of Port- mouth, in the County of Rockingham, Merchant, deceased, are desired to set- tle the same with me the subscriber by the 10th of May next; after which time, all the accounts and notes will be put into the hands of an Attorney for suit.
BENJAMIN PEIRCE, Administ'r.
N. B. No claims against said estate will be received by the commissioners, after the last Monday in this month.
Dover, April 17, 1790.

Parnassian SPRING.
A FABLE.
WHEN honest Hodge to Janus came His neighbour's Hogs & Sheep to blame;
Who, tho' his fence was good & sound, Found means to break into his ground; Janus, with sapient nod and speech, Declar'd that law could mend the breach; "That plain as nose on human face," Great damages were in the case—
Quoth Hodge, I'm glad your tho't's are mine, Yours are the breachy Sheep and Swine. Hold! cries the lawyer in a fright! If so—the case is altered quite.
Thus in political affairs, Each mortal for the Public cares— Taxes on taxes may be laid, If only by our neighbours paid, But tax my own peculiar calling, Lord! what a raving, rout & bawling You'd think the very state was falling.
From Thomas's MASSACHUSETTS SPY
WORCESTER SPECULATOR,
TO plead the cause of injured vir- ture—to shield from harm the un- protected—and to direct the untutored, is the good man's task—and as far as it is within the power of the Speculator he deems it his indispensable duty.— However inadequate he feels himself to the undertaking, yet he flatters him- self that the purity of his intentions will be received as an apology for his imperfection in the performance of so important an office—And should his wishes be frustrated in the accomplish- ment of his design, he hopes at least to receive the plaudit of having exerted his feeble abilities in the prosecution of a manly generous cause; and that those exertions spring from an honest heart.
Whether from my own disposition, I feel uncommonly friendly to the ladies at this time, or whether some secret power urges their necessity and com- pels me to be their friend, I am una- ble to determine, but am positive in this, that at the present moment I am a warm advocate for the Fair; nor do I blush to confess my partiality for the injured, much injured sex, although in some former number I have attempted to point out and reprove their defects. I am still an enemy to many practices in females—and as I wish to see them conduct with propriety and decorum, I wish also they may be retarded with gentleness, candour, and attention. Trifling and inconsistent as they may appear to some, yet I esteem them the best and loveliest of society. Beauti- fully fair is their form—feeble and de- licate are their natures—and mild and sympathetic are their dispositions. They were placed on this inhospitable shore, unpatroniz'd and unfriended, to smooth the discordant principles of man—to refine his obdurate soul, and tune it for society—to divide his cares—to con- sole his afflictions—and to sweeten his toilsome journey on the inclement road of life. How peculiarly hazardous is their situation, exposed to every insult, without the right of retaliation, or the possibility of redress! One accidental slip will ruin the fairest female reputa- tion. How cruel then is the wretch who wantonly strives to defame their characters! It is the basest and mean- est design of man. Were they able to defend themselves and punish the of- fender, my friendship would be unne- cessary; but it is not the case; they must bear every insult with mildness or be ridiculed for their weakness. In ev- ery species—in every sect and society
in the world, there is imperfection. Women have their faults. Eve no doubt was poisoned; but is it not ungene- rous to condemn the fruit because the vine, in its earliest growth, was entwined by a serpent? And is it possible that the venom can be transmitted down to this late period? If it was im- partially distributed among her progeny, its effects by this time must be in a great measure exhausted. If then the ladies are now virtuous, let their mother's stain be obliterated. Perhaps I may be thought too sanguine on this subject; but the motives by which I am prompted, I hope, will excuse my pathos. It is not to bestow encomi- ums on the undeserving—it is not to flatter and obtain the applause of my female readers, that I have chosen this theme—It is to support feeble merit— it is to do justice to the Fair Sex. But although I venerate the ladies, yet I am far from stiling them Angels and Goddesses. They are a part of human nature, and we must allow them to be the tenderest and most ornamental part. We were appointed their guardians and protectors. It is therefore our task to endeavour to correct errors—to screen them from injuries, and guide their in- experienced minds; nor is it commend- able in them to receive with ill humour our friendly instructions. And as I would caution them against the deceit- fulness of my own sex, I would also enjoin it upon them to discountenance all fickleness and disguised affection and immodesty, in their own. The scruti- nizing eye of an inquisitive world is up- on all their actions; therefore much attention is required to preserve an un- impeachable character.—Though I wish to have our injunctions noticed—yet I wish not to see all our examples adopt- ed. For what is excusable and even laudable in gentlemen, may be ridicu- lous, is in fact criminal, in the ladies, so delicate is their situation. To pro- cure respect they must reverence them- selves—strictly adhere to the admoni- tions of virtue—eradicate every foible in its infancy—cherish the feelings of gra- titude in their breasts—and when they meet with a real friend, should be so- licitous to preserve and increase his friendship, by acts of goodness and ge- nerosity. For hapless is the fate of that female whose character is the sport of the illiberal tongue, if she is desti- tute of a friend to defend her virtue. I do not recommend a rigid reserve, but a suitable proportion of diffidence—u- nited with a cheerful obedience to the rules of civility and politeness, which are the pleasing emblems of an amiable heart. With such accomplishments, sweetened with sensibility and benevo- lence—enlightened by a fertile imagina- tion—enriched by a cultivated under- standing, and softened by sympathy and compassion, they will ever find fa- vour—will ever find friends.
NOTICE is hereby given to the non-resident owners of land in the town of Weare, who have not paid their taxes for the year 1788, that unless they pay said taxes to me the subscriber, on or before Tuesday the 4th day of May next, so much of their land as will pay the same together with incidental charges, will be sold at public vendue, at the dwelling-house of Mr. Jesse Woodbury, innholder in said town, at 10 o'clock, A. M. on said day.
  No. R. Q'ty. s. d.   Joseph Meserve, 83 7 130 3 0   Walter William, 80 7 130 3 0   Gore.   Tho's Wallingsford, 10 0 70 2 6   Thomas Packer, 7 0 80 3 6   Mason & Thomlinson 19 0 120 1 9   Mason's half unpaid 14 0 120 1 0   JONATHAN WORTHLY, Collector.   Weare, March 31, 1790. 
ALL persons indebted to, or that have any demands against the estate of Capt. BENJAMIN HOLMES, late of Portsmouth, deceased, are re- quested to exhibit their accounts well vouched to Benjamin Holmes, admini- strator on said estate, in order for a spee- dy settlement of the same.
Last Monday A Morning-SCHOOL, FOR Reading, Writing, Arithme- tic, &c. was opened by Mr. DEARBORN for young persons of both sexes. The hours are from six to eight o'clock, six mornings in the week, the price eight shillings pr. quarter.— His DAY-SCHOOL continues, for Misses and Boys, who may attend the whole or any part of the day at a price proportionable to the above.
Young children who attend only for Reading and Spelling are received for the whole day at nine shillings per quarter.
Those who pay the cash four suc- cessive quarters are entitled to a fifth gratis.
An excellent English Surveying-Instrument for sale, either with or without a four rod chain. Portsmouth, April 7, 1790.
Public Auction.
BY virtue of a licence from the Hon. Philips White, Esq. Judge of Probate, &c. for the county of Rockingham—will be sold at public vendue, at the premises now occupied by Mr. John Greenleaf, in Portsmouth, One half the Dwelling-House belonging to the estate of Jacob Tread- well, late of Portsmouth, merchant, de- ceased, with the reversion of the other half—on Monday the 10th of May next, at ten o'clock in the forenoon. Portsmouth, April 6, 1790.
Commission-Store.
THE subscriber informs his friends and acquaintance in the town of Portsmouth, and throughout the State of New-Hampshire, that he has opened a Commission-Store, at his house in Buck-Street, to receive and sell all sorts of merchandise as will be sent to him to dispose of, at a moderate commission.— Cash, Pot and Pearl-Asn—Lumber, Flax-seed and Dry Fish, will be receiv- ed in payment of the sales.—He doubts not but this way of business will meet with success—this town being the only seaport in the State, and encreasing daily in business—has encouraged the subscriber to open a Store by that name. He intends to transact any kind of com- mission business in the merchantile line —and shall be punctual in attendance. N. ROUSELET.
State of New-Hampshire, Grafton ss.
NOTICE is hereby given that the proprietors of Concord are assess- ed the sum of five dollars, on each original right, or proprietors share of Land in said township, public rights excepted, agreeably to a vote of said proprietors on the eighteenth day of December last, and a warrant being committed to me to collect the same by the assessors of said tax,—I hereby give notice, that unless the same be paid to me at my dwelling-house in Concord aforesaid, on or before the fifteenth day of May next, so much of each delinquents Land will be adver- tised, as the law directs, and sold ac- cordingly, as will pay said tax and the reasonable incidental charges.
JESSE YOUNG, Collector. Concord, March 29, 1790.
NOTICE is hereby given, that the Commissioners appointed to re- ceive and examine the claims against the estate of Jonathan Moulton, late of Hampton, Esq. deceased, will meet on the last Thursday and Friday of this and the two following months, for that purpose—And as the commission will then expire, and Creditors be excluded from offering their claims; those who have demands on said estate will govern themselves accordingly.—Debtors to said estate are called upon for pay- ment, as no further indulgence can be granted. Hampton, April 3, 1790.
Letters remaining in the Post-Office at Portsmouth, April 9, 1790.
 A. Ira Allen, Vermont. Joshua Avery, Stratham.  B. Benjamin Balch, Barrington. Arthur Blunt. Matthew Brow, to the care of Mr. William Moore New-Boston. Cyrus Baldwin, Dunstable. William Butler, Warren.  C. Edward Cutts, Kittery. Stephen Clark, Epping. Jeremiah Clark, York. Thomas Cockran, New-Boston. John Cooke, Newmarket. Moses and Jonathan Chace, Cornish. Moses Carr, Somersworth.  D. John Dearborn, Hampton. Thomas Dustin, Claremont.  F. James Fulton, Londonderry.  G. Ichabod Goodwin, Berwick. Thomas Grow, jr. Hampton. Peter Green, Concord.  H. George Hussey, Berwick. James Hartshorn, Amherst. John Hogg, Dunbarton.  J. Simeon Jenks, Barrington, to the care of Samuel Hale, Esq. Portsmouth. Elijah Jenkins, Berwick. James Johnson, York. Thomas Johnson.  L. Henry Lang. Nathaniel Lord, Newmarket. Ezekiel Little, Hillsborough.  M. William Marshall. Benjamin Marshall, Nottingham. John Moulton, Hampton. Abner Matthews, Claremont.  O. John Cofens Ogden.  P. Mrs. Pinkham. Sarah Pray. John Palmer. John Pillsbury, Kensington.  R. Humphrey Roberts.  S. Edward Sargent. Henry Sherburne.  T. Christopher Toppan, Sandwich. Abner Talbut, New-Plainfield.  W. Oliver Whipple. John Wendell. Nicholas West, York. Timothy Walker, Concord.  Those names which have no towns annexed, are for Portsmouth. NOTICE is hereby given, that JAMES PICKERING hath claimed and obtained an appeal from a decree of the Court of Probate for the county of Rockingham, allowing the last will and testament of JOHN PICKERING, late of Newington, in said county, husbandman, deceased; which appeal will be prosecuted in the Supreme Court of Probate next to be holden at Portsmouth, in said county, on the fourth Tuesday of April instant. JOHN S. SHERBURNE, for the Appellant. Portsmouth, April 9, 1790. TO BE SOLD, Three Fishing Schooners—two of 13 tons, and one of 22 tons—Also a large quantity of wild undivided land in this State. Enquire of N. ROUSELET. ALL persons indebted to, or that have any demands against the es- tate of JOSEPH JACKSON, late of Dur- ham, husbandman, deceased, are desir- ed to exhibit them as soon as may be to the subscriber for settlement. LASKEY JACKSON, Executor to the last (will & testament of said deceased). Durham, March 22, 1790.