The New-Hampshire gazette and historical chronicle (Portsmouth, N.H.), 1771-12-27 00:00:00

AND HISTORICAL
GAZETTE, CHRONICLE,
CONTAINING the FRESHEST ADVICES
FOREIGN AND DOMESTIC.
Friday Dec. 27, 1771.
NO. 792 } Weeks since this Paper was first Publish'd.
Remainder of what was began in our last, relative to Swearing to Accounts.
B UT the greatest mischief of the practice we condemn appears in trumping up accounts to off-set actions commenced. The defendant in such a case is under a double temptation to perjury since the law of off-sets. He has his debt to pay, and a bill of cost to save (besides revenge upon his adversary) by swearing. No wonder then if he swears robustly. Such a case as the following is possible.
A debtor having by various means stowed off the payment of a just debt, at last provokes the creditor to commence a suit against him. Now says the debtor, I know how much he demands, I'll make an account to match him: He'll wish he had not sued. And least some articles in his account should be proved false, too high charged, or paid, he puts in a few shillings or pounds more than the demand; as it is as cheap swearing a large oath as a small one: And so the creditor is not only at first mocked with delusive promises, or brow beat with threats, but at last is sworn out of his debt; and as a further punishment for his rashness in demanding a just debt which the debtor had sufficiently signified his pleasure not to pay, is saddled with a heavy bill of cost. Is not this sufficient to discourage any honest man from demanding by course of law any debt where there have ever been mutual accounts or dealings? At least, will not every man consider before he attempts such a thing, whether himself or his debtor can swear strongest? For truly, as matters are now managed, we can hardly view a trial on mutual accounts in any other light than as a swearing match , or trial of men's strength in swearing. 'Tis doubtless a very convenient and lucrative privilege to be able to prove just what account I please by my oath only: But it must be granted to be some inconvenience, if my neighbour has a like privilege to swear out of my pocket just so much as I can swear into it. But this is our boasted privilege in this province, of which we are as jealous as if it were our magna charta of rights. A privilege which gives the advantage in the event of a suit to him that is least troubled with the stings of conscience, or the fear of an oath: a privilege which makes the administration of law favour the lawless: and may well discourage the industrious and good citizen from demanding his just debts in the course of law.
But is this necessary? Our fellow-subjects in England have ever lived without any such privilege or indulgence: There no man is allowed to swear to his original entries: much less, without them. And no complaint is made of hard usage. In our neighbour government of the Massachusetts-Bay, the courts consider a man making oath to his account as admitted by the custom of the province to be a witness in his own case; and require that he be present in court to be cross-examined: and do not admit his oath taken out of court to be given in evidence. They also require him to produce in court his day-book or original entries: and this being done, he is sworn to make true answers to such questions as shall be asked him by the court, or their order: when he is generally asked, when and where he delivered the articles and made the entries on his book, with any other questions the answers to which may reflect light upon the matter. And if it do not appear that he made the entry of any article at or near the time of delivery, such article is deemed not duly proved. If a man keeps his account on a note-book, slate, or
piece of board, I take it that the courts in that government may admit him to produce it in court, and that without producing it he may not be admitted to his oath to that account: but if an account is kept on such materials as admit of an easy obliteration or alteration without discovery, producing it is accounted very slender evidence; though circumstances may make it admissible. And in such a case 'tis proper the entries should be proved by some further evidence, besides the oath of the party producing them. And in all cases where the original entry is made on such a thing as cannot conveniently be produced in court, as a wall, door, ceiling, wainscot, or the like, the entry must be proved by witnesses who transcribed it, or saw it transcribed from the original. And with all these precautions, a man's oath is not admitted as sufficient evidence of any article exceeding 40/. And yet there is no murmuring in that province against these rules as too strict: however we in this province, having been accustomed to swear money into our own pockets to the full dimensions of our consciences, may find in them some things too severe. Some perhaps may think it too strict to be obliged to produce their original entries in court. But this cannot be hard to him that keeps a book of account. — And to keep one is, to be sure, the least that can be expected of a man who would charge his neighbour upon the receipt of articles, of the delivery of which he has no proof but his account, and his own oath. Surely no honest man can desire to charge his neighbour upon an account trumped up by memory, years after the transaction. *
But 'tis said by some, perhaps, there are many who want skill to keep a book. To the honour of this country it may with truth be said there are few among us who are unable to keep a book intelligibly if not methodically. And all due allowances should be made to an honest account kept by a man unused to business. But if any persons are so unlearned as to be unable to keep a book intelligibly, it is owing to the negligence of towns and parishes in not keeping schools according to law. Let this law be put in due execution, and posterity will find little ground for this complaint. — However, if (to the shame of our towns) any are so grossly ignorant, they may assist their own memories by marks and signs, 'till they can procure some of their better instructed neighbours to make an entry of their accounts upon book; by which means they will have an additional evidence of the truth of them. We cannot suppose any person to object to the party producing his account being sworn to make true answers to such questions as shall be asked him, except such as desire the truth may be concealed from the eyes of justice, and villainy screened from her stroke.
* Some, perhaps, may wonder that nothing is here said concerning the common method of proving deceased person's accounts. As no oath of the party to accounts can be admitted in this case; it was thought to be beside the present purpose. It may, however, be proper to add by way of note: that in this case it is more necessary than in any other to produce the original entries of every account, and generally some other authentic vouchers or witnesses: else the commonly received maxim, "that death attests every man's accounts," is a very dangerous one; since, to complete the most accomplished villainy, a man has only to make a false account, and die and leave it to his executor, not to be contested.
The practice of admitting the oath of the party as evidence of his account being so abhorrent to the law and custom of our parent kingdom, it has been matter of curious enquiry with some, how it came to be introduced into the New-England governments. Now, sur-prizing as it may seem that New-England should borrow any of its forms of jurisprudence from the constitutions of imperial Rome or Constantinople, or that two witnesses and none at all should be equally equivalent: I doubt not this practice may be most evidently shown to have been borrowed from the imperial or roman law. For by that law, no fact is allowed to be full proved without two witnesses or tantamount. One witness on what is equivalent, is called but half-proof , or semi-plena probatio . Therefore to supply the defect of two witnesses, the party producing the half-proof, is admitted to his oath called his suppletory or necessary oath ; which added to the half-proof, amounts, according to the civilians, to full proof, or plena probatio .
Now, as Wood informs us in his new institute of the imperial or civil Law (Book 4th chap. 2d) "Books of account being private instruments, are an half proof among merchants and traders, provided the day of contracting, and the nature of the debt is expressed by the merchant himself or his agent. And this seems reasonable, because merchants and tradesmen are often under a necessity of dealing upon trust without note or writing: So that, if their books were not allowed in evidence, they would lie under great discouragements. Wherefore, the suppletory oath of the merchant, with his book of account is esteemed to be full proof against his chapman". And he tells us in a note, that "this is the general practice beyond sea." And it seems to be a representation in miniature of the Massachusetts practice heretofore described.
But how come it to be introduced there? the answer is easy. Our first Plymouth adventurers having before their settlement there, lived several years in Holland, where the administration of justice is according to the course of the civil law, no doubt learnt this practice there, and afterward used it in their new colony, whence it was derived, with other civil and ecclesiastical constitutions, to the colony of the Massachusetts-Bay; and thence introduced into this province during its subjection to that colony: and since the erection of New-Hampshire into a separate jurisdiction, the courts of judicature in the two governments having no longer any communication, it has degenerated into the practice now complained of, which the interest of the province requires should be, either exploded, or corrected by the original form which it was first designed to be copied.
After what has been advanced, it is submitted to the judgment of every intelligent, every honest and good man, whether if the civil law practice were restored, or the practice of the Massachusetts-Bay, which is a small improvement of it, adopted, a sufficient latitude would not be left for every honest and industrious man to recover his just demands: and if by that practice any restraint is laid, it is laid on such vice and iniquity as must prove the destruction of every community where it is tolerated. And if any honest person should lose a debt really due, by his not keeping a fair account; this is the proper fruit of his own neglect and laches. And the effect of it will be a public benefit by making

men more careful in keeping their accounts, and consequently rendering the proof of them more evident and conclusive. And what reason or propriety can there be, that every thing should be brought into uncertainty and confusion to favour a Man who will not attend to his own business? Vigilantibus, non dormientibus jura subveniunt. [Laws assist the waking, not the sleeping] is a maxim of the common law of England, and of the common sense of mankind. And if the consequences of our present practice of swearing to accounts are so shockingly iniquitous; is it not the indispensable duty of every inhabitant, every friend of this province, more especially of judges and jurors, to endeavour to introduce into our courts a practice more agreeable to the known rules of justice and equity? especially since this practice is directly opposite to the laws and customs of that nation from whence we sprung. And I cannot but think our courts would long since have abolished it, were it not for their tenderness of ancient practice. But no length of time can sanctify a practice teeming with perjury and iniquity. 'Tis a maxim of the law of England; 'tis a maxim of reason; 'tis a dictate of religion; "that an unreasonable or unjust custom is void, and ought to be abolished." And as the usage we condemn is contrary to a fundamental maxim of the english law, viz. "that no man ought to be a witness in his own cause;" can we suppose, that had we established the contrary by act of assembly, it would have been approved by his majesty? And is it not absurd to suppose we can establish as law by custom & connivance, what the highest, the legislative authority of the province could not have introduced as Law? If what has been here advanced be well founded, the courts of justice have an indisputable right to set aside the practice we complain of: because it would never be binding as law upon them. And this being set aside, they have right to establish a new rule for their own practice. And we hope that in compassion to the people of this province they will do it speedily. We cannot doubt they have often with pain observed, what no man who much attends our courts can help observing; persons for the sake of considerable gain, swearing an account to be just and true, which every other person present supposed had no existence, 'till a being was given it to serve some sordid purpose: and that they would gladly have applied the remedy were it not for their distrust of their power to do it.
As an inducement to hasten this desirable change, we hope our honourable courts will consider the danger of multiplying oaths; as the frequent use of them naturally abates our religious awe and fear of an oath, which is the strongest guard of our properties, our liberties our lives.
For what advantage should we receive from courts of justice if no credit could be given to a man when deposing under the most solemn sanction of religion, and appealing to his maker to witness the truth of his testimony?
Another thing worthy the consideration of our courts is, whether, tho' the practice we complain of be a flood gate to perjury, that perjury be punishable or not. Whether the form of the oath, and course of administering it, be not such as suffer a man to for-swear himself and defy conviction. And, whether, were a man convicted of for-swear himself upon such an oath, it be perjury punishable by law, there being no law to admit such an oath. Now if such perjury be unpunishable when committed, the public good indispensably requires that it should, if possible, be prevented.
Though swearing to accounts in general took its rise from another quarter, as has been shown; yet I apprehend oaths taken to accounts out of court have been countenanced in this province chiefly on account of the great distance of many suitors from the courts where their causes were to be heard. By the division of the province into counties, this difficulty is in some measure removed. We hope therefore this custom will no more be countenanced or connived at: but that as the province increases in number of inhabitants we shall improve in jurisprudence: and that hence forward no man may perceive or pretend to perceive in the decisions of our courts of judicature the least defect of what the great legislator Justinian thus defines; Justitia est
jus et perpetua voluntas jus suum cuique tribuendi. (Justice is a firm and perpetual inclination to render to every one his right.)
PUBLICOLA.
New-Hampshire, December 24th, 1771.
ANNAPOLIS, Maryland, Nov. 28. We hear from Talbot County, that a few days ago, Messrs. John Johnson and London Cunninghame, two young gentlemen, went out in order to divert themselves with their fouling pieces, when unfortunately in climbing over a fence, Mr. Johnson's accidentally went off, and Mr. Cunninghame being very near him, the whole load went in at one of his ears and came out at the other. Mr. Johnson's distress for the unhappy Fate of his Friend, can hardly be conceived.
We also hear from the same county, that last week they had a most violent storm of wind, which blew down several houses, particularly the dwelling house of Mr. John Markland, near Oxford, by which one negro man was killed.
On Sunday the 17th Ult. two Negroes belonging to Mr. Rider, and one to Mr. Den. Dennis, of Long-Island went a gunning in a Canoe. Next day two of them were found dead in the Canoe, the other has not been found. It is supposed they all perish'd with cold.
On Tuesday Night 3d inst. the sloop John, Capt. Waddel, bound in from the West-Indies was driven ashore at Sandy-Hook, and supposed to be bilged, the Captain by the slipping of his foot fell overboard and was drowned, tho' all Endeavours were used to save him; his brother Mr. William Waddel, who leap'd after him, narrowly escaped sharing the same Fate.
It was but the Thursday before, that Capt. Thomas Randal, jun. coming in from Sea, was drown'd at the same Place, being struck over by the Boom.
Extract of a Letter from Capt. Joseph Crew, belonging to the Brig Ann, from Boston, for this Port, to a Gentleman in this Town, dated Norwalk, December 4, 1771.
THIS waits on you to advice you of my unhappy Situation and great Misfortune. On the 1st Instant, about 12 o'Clock, coming into this Harbour, the Vessel struck on Green's Reef of Rocks, the Wind blowing strong about W. S. W. about 2 o'Clock it veered to W. and by N. when we let go our Anchors, in order to keep her from going ashore, but could not clear the Rocks of either Side, if we cut, thus we lay striking the ground till Evening, when her Rudder unshipp'd, and the Wind increased to a high Storm, which continued all Night. About 4 next Morning found her Hold two Thirds full of Water so that we were obliged to slip, and run her as far on the Shore as we could, in order to preserve our Lives. The Wind continued strong to the Westward all next Day, and no boat could come on Board, so that little of the Cargo is saved, and I fear the Vessel will be entirely lost."
In the New-York Paper, Notice is given of Counterfeit HALF-JOES, which are somewhat thicker, the Figures less prominent, and the Colour paler than the true ones, and tho' of due Weight, have in each 12s sterling of base Metal.
We hear from Salem, in the Province of New-York, That about three Weeks since, a white woman, the Wife of a Mulatto, belonging to that Place, was found dead in a Mill-Pond, with several Marks of Violence on her, and her Husband, who is the supposed Murderer, has absconded.
Last Saturday Evening Mr. Moses Cook, of Waterbury, being at Mr. Clark's Tavern, in Bethany, where there was an Indian named Moses Paul, who had behaved so disorderly, (on Mrs. Clark's refusing to let him have a Dram,) that he was turned out of Doors, when he swore to be revenged on some one Person in the House; and Mr. Cook going out soon after, received from the Indian, (who 'tis supposed lay in Wait, near the House; in Order to put his Threat in Execution) a violent blow on his Head, with some Weapon, that broke his Skull in so terrible a Manner, that he died of the Wound last Night.
The Indian was apprehended and committed to the Goal in this Town last Sunday.
We have the following Advices, to the end of the Month by Capt. Robson, who left London the 6th of that Month, and arrived at Boston last Sunday Night.
From the Vistula, September 12.
PRINCE Nicholas Repnin having informed Field Marshal Romanoff, that the Turks were fortifying themselves on this side the Danube, near Giurgievo, and that they had formed intrenchments, which would contain 30,000 men; on this advice the Marshal ordered the former to attack them; but the Prince representing to him, that the troops under his command were much inferior to the enemy, the command was taken from him, and given to Lieutenant General d'Eslen, who attacked the Turkish intrenchments, but met with a repulse, wherein Major General Tschetoriskoi a Colonel, five General Officers, and nine other inferior ones were killed and eleven other Officers wounded; besides about 800 private men killed. The attack continued about four hours: the Russians brought off their wounded to Bucharest.
Prince Repnin has drawn up an account of the affair, which he has sent off to Petersburg, after which he fell sick at Bucharest.
As to the Crimea, there remains only one fortress in the hands of the Turks, which is that of Balacalva. The Russians are in possession of the rest of that country; but the want of provisions will not permit them long to enjoy their conquest.
L O N D O N, Sept. 28.
It seems to be the better opinion, that nothing will come out from Dudley's pretended discoveries of the incendiaries at Portsmouth as he was proved to have been two hundred miles distant at the time of that dreadful fire breaking out.
It was settled at a council held on Wednesday, that the Parliament should be further prorogued to Tuesday the 26th of Nov. next, but it is thought they will not sit for the dispatch of business, till after Christmas.
Sept. 29. The authenticity of the following little anecdote, so much to the honour of the west end of the town, may be depended upon. General W---be, who was so uncommonly distinguished during the very many campaigns for the united virtues of the hero and the man, was promised by his late M---y, the first vacant troop of horse. A vacancy, however, did not happen till after the decease of that Prince, but A---n conceiving the honour of his S---n engaged upon this occasion, stated his claims in due form; the appointment was, nevertheless, filled up to the exclusion of the General. Many successive vacancies succeeded, and still the General experienced the same neglect, with the repetition of the old complimentary question, whenever he appeared in the circle, of, "do you walk still, General;" for walking was his great amusement. The General at length, piqued at this treatment on being addressed again in customary terms, replied, "Yes, an please your M---y, I walk still, and believe I have little reason to hope that your M---y will ever give me an opportunity of riding."
His Excellency the Spanish Ambassador had a long conference with his Majesty yesterday.
Yesterday there was a levee at St. James's, at which Lord North, Lord Suffolk, Lord Cadogan, and the Spanish Ambassador, &c. were present.
After the levee there was a Council, at which Lord Rockford, Lord North, Commodore Hervey, &c. assisted.
It is said that several Vessels are ordered to be taken into the Government service, which are to be employed as transports.
October 5. It is very certain that some extraordinary Advices have been received relative to the Court of Spain; and that in consequence of which, a Noble Lord sold yesterday out of the Funds upwards of 30,000l.
The last Letters from the Russian Army mention there are about 9000 Men sick among them.
Octo. 5. Yesterday on closing the Poll at Guildhall for Lord Mayor, the Members were for Alderman Nesh 1959, Sarubridge 1574. Crosby, 1463, Halifax 732, Townend 136, and Banks 35.
The Poll will finally close this afternoon at three o'clock.
Admiral Elphinstone has quitted the Empress of Russia's service. In the discharge which has been sent him, her imperial Majesty returns him thanks for his services.
N E W P O R T, December 16.
On the night of the 5th instant, the Sloop Hannah, Capt. Perkins bound from this place to Norwich, in Connecticut, was driven ashore on the east end of Long-Island, where the Vessel was entirely lost; the Captain and people got safe on shore, but it being extreme dark and stormy, they could find no house, and were obliged to shelter themselves under rocks &c. as well as they could; but notwithstanding all the pains they could take, a Lad about 17 years of age, named Michael Cary, was frozen to death in their arms; the Captain and another Man were also much frozen.
POLITICAL MAXIMS.
THEOPOMPUS being asked what he tho't the surest means by which a King might preserve his Crown? said, never to put too great a trust in any one man, to give freedom of speech to all, and to make use of his power to keep his subjects from oppression:--- how exact does his opinion tally with that of the present English? Agesilaus, King of Lacedemonia, being asked by a foreigner, how he durst trust himself without guards as he frequently did? answered, because all my people look on me as their father, and take an interest in my life: how happy must such a monarch be! how happy his subjects!
The Emperors Theodosius, Julianus, and Constantine, were beloved by their subjects for nothing so much as their easiness of access, and the readiness with which they listened to all addresses, of what nature soever: how amiable such Princes!
Division among the inhabitants of a country, or denizens of a city, is greatly pernicious; it is of infinitely worse consequence than can possibly be apprehended: nor do I think our enemies can wish, or the wrath of Heaven send down a more destructive mischief. Is there a war so dangerous a plague, so cruel? It is weakening ourselves, giving force to our adversaries, open them the gates, and putting the victory in their hands.
While the Greeks were disputing among themselves who should be chief, Philip privately encouraged each competitor, assisting the one against the other, till weakened by their home bred jays they became an easy prey to foreign force.
The Romans were never unhappy till there grew divisions among themselves, and were unconquerable when in amity with each other, which occasioned the proverb, A Roman could only subdue a Roman.
Monadnock, No. 3. or Dublin.
WHEREAS the Proprietors of Menadnock, No. 3. or Dublin, have at sundry legal Meetings granted sundry TAXES for making Roads and building a Meeting House, &c. in said Town, which Taxes have been advertised in the New Hampshire Gazette, this is therefore to Notify all the delinquent Proprietors, that unless they pay said Taxes by the tenth Day of January next, their Lands will be advertised for Sale, or so much as will pay said Taxes, with incidental Charges.
Monadnock No. 3. } Eli Moise Decemb. 12. 1771. } Jos. Greenwood } Collectors.

Important Intelligence for the Colonies. OBSERVE! LANDHOLDERS! Extract of a Letter from Putney in New-York government, dated December 11th, 1771, 12 o'Clock at Night.
I would (in great haste) inform you that a certain Gentleman, one Howard by name, who it is said, is Lieutenant Colonel of the King's life-guard, arrived here from England, via New-York, and has brought a Mandamus from the King; in consequence of which Mandamus, he has obtained a Charter of the ancient town of Hinsdale, signed by Governor Tryon, and warned all the people off their settlements. Several other Mandamus's he has also, one for General Amherst of twenty thousand acres, with sundry others, all which according to the Mandamus's are to be laid out in this county, in such places (or towns) as have not been granted by New-York. I am afraid of your interest this way, except, Sir, you use some precaution about the same.
The people of Hinsdale are in great perplexity, knowing not what to do, though many of them are the wealthiest men on the river, many of their farms estimated at ten, fifteen and twenty thousand pounds old tenor each.
Extract of another letter from Putney, December 14.
Last Wednesday I wrote you in great haste, informing you as well as I was then able, of a very extraordinary affair, viz. The ancient town of Hinsdale being chartered by New-York to one Howard, in consequence of a Mandamus from his Majesty. The particulars of which affair I will relate to you as far as I am able. Yesterday I was at Judge Wells's upon some particular business of my own, I saw this gentleman, and had some conversation, which is the means of my information. He, viz. Lieut. Col. Howard had a Mandamus from the King for 10,000 acres of land, to be laid out in the province of New-York, which had not been granted before by said province. He upon information at York, of the value of the town of Hinsdale, made a pitch of said place by plan, obtained a charter under the province seal of the same, signed by Governor Tryon. Immediately upon which he comes here, with two livery servants his attendants—tells Hinsdale people of it, makes them one offer, viz. to lease the lands to them they now enjoy for five years, at one penny sterling per acre; another five years for one shilling per acre; and at the expiration of said term, to come to a new agreement. Hinsdale people have got the same under consideration; they are in great perplexity, not knowing what to do; many of them are wealthy men, but persons of no liberal education, and am afraid they will do something prejudicial to themselves on that account. These, Sir, are real facts, and deserve to be put in the public prints. One Kathan living here has revealed a secret, viz. A New-York gentleman being up here, who you have heard of, but whose name I forbear mentioning, sent a letter to him last Thursday, desiring him and sons to sign a power of attorney, which he sent inclosed in the letter from Brattleborough, assuring them that their patent should be signed for Fullam, immediately upon his arrival at York, which place he sets out for next Wednesday, which power was by Kathan and sons signed, and who are now full of the most consummate assurances, that they shall shortly have the charter. And I must give you my opinion, that according to the complexion of things, and knowing so many artful designing tricks managed about these lands, if you are not speedy, and use your utmost vigilance in further securing your interest up here, you will lose it, or at least be so embarrassed, that to remove the evils these bad men may involve you in, will cost more than half your lands will be worth. I am not intimidated, Gentlemen by these persons conduct, as to in the least suspect the justness of your cause; but when men are corrupt, and affairs carried on by designing men, what must be the consequence? I believe you will upon cool sober thought join with me in sentiment. Your letters are very uneasy, and upon my word, I cannot blame them; for if they lose what they have here, they lose their all.
Extract of another Letter from Putney, dated December 14th 1771.
"One Mr. Howard a Lieut. Colonel in the King's Guards, has obtain'd a Patent under the great seal of the Province of New-York, of all the land that is in Hinsdale on the west-side of Connecticut River, and to extend, three quarters of a mile into Guildford.
This Patent was obtain'd in consequence of a Mandamus from the King, &c. to Governor Tryon wherein he was directed to lay out to Lieut. Col. Howard, 10,000 Acres of Land within the Province of New-York, in some Place that never before had been patented, and so as not to interfere with any Lands possess'd or claimed by the Indians. The Land that is within the Town of Hinsdale, near one Hundred Years ago was granted by the Province of the Massachusetts-Bay to the Proprietors of Northfield; these Proprietors ninety-five Years ago purchased of the Indians their Right to these Lands & the Deeds which were obtain'd from the Indians are now in being. About eighty Years ago the Proprietors above-mentioned went into Possession of this Land, and have improved a considerable Part of the same for about eighty Years successively.
Soon after the Settlement of the Line between the Massachusetts & New-Hampshire, this Land was confirm'd to the Heirs and Assigns of the Original Proprietors above-mentioned, by a Patent under the Great Seal of New-Hampshire."
Mr. DRAPER, Your pompous Article from Portsmouth, in the Supplement of the Massachusetts Gazette of last Thursday, deserves some Notice; and as it is embellished with some astronomical metaphorical Language, it may not be amiss to attempt something similar in remarking upon it.
The Constellation of the Reverend Stars, (nearly of equal Magnitude) it points out, with their respective Names, Places, and Motions, in the Eastern ecclesiastical Hemisphere, is not unknown, or unobserved in this and the adjacent Towns: And as viewed from these Parts, appears, by its late Motions, to cast a very baneful Aspect upon every other Constellation in its Neighbourhood, excepting only that of the Dragon, with which, it appears, even to the naked Eye, to have arrived nearly in conjunction, more especially with the tail of Draco's Tail; by which Influence may probably be enabled him soon to draw the third Part of the Stars in their Sphere, and cast them to the Ground.
I congratulate the Rev. Doctors upon their honourable Connection. Faithfulness tell them, they appear excentrick in their little Orbs, and retrograde Motion have fallen into Eclipses, which, it is very uncertain at present whether they will ever emerge.
HIPP ARCHUS. THE foregoing Remarks appear to have been founded on some erroneous Observations, transmitted to Salem and Boston, from this Town, through the public Channel. The Observations were made with a smoky Glass, and without any Precision. The Truth is, a considerable celestial Body lately passed along, very near some of the little Planets in this Hemisphere, without giving them the least Disturbance in their Orbs, so as either to render them more eccentric, or occasion any retrograde Motion; for it was very observable, that neither the Power of Attraction or Repulsion acted betwixt them; but each kept its own Course without interfering, and no Eclipse has happened. The Way of this Body was indeed through a Multitude of smaller Stars, but every one knows there is large Room among them for the Passage of Bodies of all Magnitudes and in all Directions. Portsmouth, Dec. 26.
B O S T O N, December 9.
We hear that a Schooner, — Stone, Master, bound from hence to Virginia, was drove ashore on Hyannes, whereby her Bottom was beat in, and the Vessel greatly damaged.
The sloop Fanning, Capt. John Hosmer, from North Carolina, ran ashore on Brenton's Neck, Rhode Island, Vessel and part of the Cargo lost. Dec. 21.
We hear that Captain White, in a Ship for this Place, who left London about a Fortnight after Captain Robson, sail'd from Plymouth in Company with him; and last Friday they saw a Ship standing in, which Capt. Robson took to be Capt. White, & may be hourly expected.
We also learn, that Alderman Nash was chosen Lord Mayor for the City of London for the Year ensuing, who was during the Poll, which continued several Days, greatly insulted by the Mob, but that the Conduct of Messrs Wilkes and Bull, met with great Applause from both Parties. — That a speedy War with Spain was looked upon as inevitable, several small Fleets having sail'd from Spain for different Parts of their Dominions, with Troops & War-like Stores, &c. — That it was conjectured the King of Prussia was preparing to engage in a War with some European Power: — And that Messrs Wilkes and Bull the two Sheriffs elect, were sworn in to their Office at the Court of Exchequer; the former having on the Pannels of the Door of his new Chariot, the Motto Libertas, and on the side Pannels, Arcu meo non confido; and on the Door of the latter, Mens Conscia Recti.
Capt. Jenkins, in the Leviathan, sailed about a Fortnight before Capt. Robson.
S A L E M, December 24.
Captain Grandy, who arrived at Marblehead last Week, in 61 Days from Cadiz, on George's Bank, the 17th Instant saw a large Schooner, almost under Water, supposed to be about 100 Tons Burthen; her Foremast was partly out of Water, some Part of her Sails loose, and her sides and Quarter painted black and yellow. — She was supposed, by the Freshness of the Tar, to be an outward bound Vessel.
Capt. Grandy, on his Passage, lost all off his Deck, besides one of his Hands washed overboard and drowned.
We hear that a small Schooner, bound in here from the Eastward, loaded with Coal, was cast away last Week at Cape-Aan, & entirely lost, but the Men saved.
Several Masters of Vessels, who have arrived within a few Days past, say that there has lately been the most severe Gales of Wind at Sea that they ever knew.
We hear that a young Woman, in the Service of Mr. Brewer, Innholder in Waltham, in the County of Middlesex, having, last Tuesday or Wednesday Morning, lain in Bed rather later than common, Mrs. Brewer sent up to enquire the Reason; the young Woman sent back Word, that she should be down in a few Minutes, accordingly came; when Mrs. Brewer, observing that her Looks and Behaviour were not as usual, asked her if she had had a Child, to which she answered, that she had not: But her Reply not being satisfactory, Search was made in her Chamber, and a new born Infant was found dead under her Bed Cloaths. The young Woman, we also hear, was so ill, after the Discovery, that it was tho' she could not survive.
P O R T S M O U T H, December, 27.
The Thermometer stood in this town, last Tuesday at 47 Degrees below freezing, which is lower than it has been any Day this Month, by about 3 degrees.
CUSTOM HOUSE, PISCATAQUA, Dec. 26.
   Inward Entries FROM     Brig Dolphin, Monsieur Bunbury Antigua & St. Eustatia   Schooner Hawke, Cutting Lunt St. Lucia   Sloop Three Friends, Joseph Leathem Philadelphia   Outward Bound FOR   Ship Succels, Giles Seaward West-Indies   Brig Occasio, Mark Fernald Ditto.   Cleared for Departure FOR   Schooner Sally, Zachariah Foot Virginia   Schooner Wilson, Thomas Dalling Antigua   Brig Betsey Samuel Haynes Dominica   Brig William James Steedly Jun. West Indies   Brig Charming Betsey Joshua Stacpole Ditto.   Brig New Market Thomas Leigh Ditto.   Ship Sarah Richard Salter Ditto.  
The Land, &c. that was to be Sold by public Vendue, by the Executors of the last Will and Testament of Mrs. Mary Prescott, on the 19th Inst. at the House of Capt. Zechariah Foss, Innholder at Portsmouth, for Reasons, is defer'd to Tuesday the 31st Inst. at the said House where the said Land, &c. will be sold, to the highest Bidder. A Plan of the same, and the Conditions of sale to be seen at Time & place of sale. Port. Dec. 26.
eight and y... striped Bed Ticks— three quarter, seven eight, and yard wide check ditto, striped linnen and cotton Hollands, Dowlas, sheeting Holland, Callicoes, Chintses, silk Handkerchiefs, linnen Handkerchiefs, and cotton Romalls, Cambricks, Lawns, Muzlins, Buckram, Twiss, sewing Silk, Threads, best Basket Coat and Breast Buttons, Knee Garters, Black Taffity, black Sattins, colour'd Persians, Men's, Womens and Childrens wove and knit Stockings, worsted mill'd Caps, knit Patterns, Felt, Castor and Beaver Hatts, Womens English Shoes, Clogs and Goloshes, Wool Cards, Warming Pans, Frying Pans, Tea Kittles, Brass Kittles, Ironing Boxes, Sadd Irons, Pewter, black quart and pint Jacks; a variety of Knives and Forks, Jack Knives, Pen Knives and Cuttoes, Shears, Scizers, stock Locks, Pad Locks, Chest and Box Locks, Hinges of different sorts, Hammers, Buckles and Buttons of different sorts, Writing Paper, Ink Powder and Lutch Quills, scrubbing Brushes, House and Harth Brushes, — Russia Duck, English Duck of different Numbers; Ticklingburg and Oznabrigs, sewing Twine, Fishing Lines, Logging Lines, Cod Hooks, Bar Lead; RIBBONS, Gartering, Binding, Tapes, Laces, pocket Looking Glasses, Spectacles, Jappand Tobacco and Snuff Boxes, Nutmeg Graters, Tea Tongs, Comb Cases, Needle Cases, Waiters, Candlesticks, Sand Dishes. Extins guishers, Cork screws, and best Velvet Corks; Gun Flints, Powder and Shot, Bohea TEA, New Castle Coals, and St. Martin's Salt. Also Philadelphia BREAD and FLOUR.
N. B. Said PEARNE will want a Quantity of good LUMBER delivered early in the Spring.
ALL PERSONS Indebted to, or that have any Demands on the Estate of HENRY SHERBURNE, late of Portsmouth, Esq; deceased, are ONCE MORE desired to bring in their Accounts properly attested, to SARAH SHERBURNE, Administratrix to said Estate, in order for a speedy Settlement, otherwise they may expect their Accounts will be put in Suit next Court without further Notice.
TO BE SOLD, At Public VENDUE to the highest Bidder, By Ebenezer Knoulton,
A Good House and Barn, and a good Well, and three Acres of choice Land, with a young Orchard thereon, all lying in Seabrook near the Province Line, pleasantly situated for, and convenient for a TAVERN. And also fifteen Acres of choice Land lying within half a Mile of said House; this House has been a Tavern House for thirty Years past. The fifteen Acre Lot to be sold separate from the rest if the Purchaser sees fit. The Day appointed for publick Vendue is January the 20th Day next, at One o'Clock in the Afternoon, at said House and Place, if not sold before at private Sale; one half of the Money to be paid down, and the other to be paid by the Purchaser as we can agree, with good Security.
Nathaniel Sheaff Griffith, CLOCK and WATCH MAKER, in Portsmouth, near Capt. Zechariah Foss's Tavern, where WATCHES and CLOCKS are clean'd and kept in Repair, in the cheapest and best Manner. Said Griffith sells all Sorts of Watch Materials lately imported; and performs gilding Work, either with Gold or Silver. He gives Cash for old Gold and Silver.

has retained its Au- thority, and preserved its Unity; and found their utter In- ability to destroy their own. The so long prevailed in both the Kingdom, and as well as most of the Col- onies, recovered the free Use of their begin to behold each other and in the true Light of Sovereign and Subject. The much wish'd for Time is therefore now come for concerting Measures and deliberating upon Plans effectually to pre- serve that Connection in succeeding Ages; such as shall operate beneficially for the Colo- nies, and authoritatively for Great-Britain; that whilst the Power to resist is taken away, the Advantages of Obedience may be held out and inculcated.
W hat a Kingdom against itself can- not stand. Two Supreme Powers existing to- gether in one State, is as great an Absurdity in Politicks as in Religion. The Exercise indeed of any Branch of the supreme Authority may be delegated or suspended, but the Right of Government must continue undivided or it cannot continue at all. If therefore it be im- possible for Great-Britain and the Colonies to compose one Empire, unless a supreme Legi- slature exists in one of them, I presume it will not admit of Debate, whether the Parliament or the Colony Assemblies shall be that supreme Legislature, & still less Room is there to doubt whether a subordinate Legislature shall be un- controllable by the Supreme or be indepen- dent of it. For many wise and good Reasons it may be proper to commit the Exercise of such Part of the supreme Authority as consists in the Imposition of Taxes upon the Subjects in America, to the Colony Assemblies; but the Right to controul them in the Exercise of that Power, or to exercise it without their In- terposition, must remain with and be forever inseparable, from that Body, which is the su- preme Legislature of the whole Empire. A Doctrine so plain and intelligible as this is could not have fail'd to convince every think- ing Man, & to have drawn every good English- man to its Standard; and therefore it was the Artifice of those in the Colonies, who aimed at Independency, but were afraid to avow their Purpose, to confound and perplex, instead of attempting to confute it. The Weight and Injustice of the Taxes, the Restraints, upon their Trade, the Encroachments upon their Privileges, were all blended with the Denial of the Right, & formed into one heterogeneous Mass of unintelligible Argument; and thus the Controversy being carried on so vaguely and indefinitely, the uninformed Part of the Nation were puzzled by such Variety of Con- siderations, and it became a vain Endeavour to appear in Support of a Measure which could be devised for bringing back the Colonies to their Obedience.
In this Situation it was the part of a wise & honest Administration to select a single Object for the Subject of Debate, and to reduce the Controversy to the single Question of RIGHT, unmixed with Considerations of Policy or Com- merce. The Alteration of the Duty upon Tea afforded this desirable Ground for the Deci- sion of this important Question. No Cries of Oppression could be raised; no Pretences of Inability could be set up; no commercial or political Objections could be suggested against insisting upon the Payment of a Tax of Three- pence in Lieu of one of a Shilling, which was at the same Time remitted.
It does not appear to have ever been the Purpose of the present Ministers to restrain the Colonies in any of their Liberties, or to deny to their Assemblies the Exercise of any Au- thority, which could consist with their Sub- ordination to the supreme Legislature and the general Advantage: They aimed not to take from the Assemblies the Exercise of the Power of Taxation, or to render it useless to them by raising a Revenue in the Colonies by Act of Parliament: They therefore gave Way to and even promoted the Repeal of the Duties upon Paper and Glass last Sessions, but as an explicit, unequivocal Decision of the Right of Parliament to controul, or exercise that Power they nobly withstood the Repeal of that upon Tea. The Event has given ample Proof of the Good-sense which dictated that Measure.
The People of England by it have been in- structed in the real Views of the Colony As-
Oliver Whipple Late a Practitioner of Law in the Colony of Rhode-Island,
Having been duly admitted and sworn, At November Court last, in The County of Rockingham, G I V E S N O T I C E, To the Public, that he has opened his Office at Portsmouth, opposite the Post-Office, and next Door to the Hon. DANIEL RINDGE, Esq; where he will give faithful Attendance on Gentlemen, at all Times, who shall have Occasion for an Attorney to transact their Business in the LAW. Portsmouth, December 16th, 1771.
Tar, Turpentine, Pitch, New FLOUR, a Quantity of COR- DIALS by the Cask, consisting of Doctor Stevens,— Orange,— Aniseed,— Snakeroot, and Clove-Water.— Also TOBACCO of every Kind, to be sold as cheap as can be bought in Boston, by Neal Mc Intyre, at his Store on Spring-Hill, Portsmouth.
TO BE SOLD, By Joseph Bass, Next Door to the Printing Office, the following GOODS at the very lowest Rate for Cash, viz. Seven eight and nine Quarter Bed Blankets, nine and ten quarter Bed Quilts, Crimson and green Harrateen; crimson, green and blue Chaney, green and blue Lincey, ell wide Irish Sheetings, Looking and Dressing Glasses with Draws, green, blue, yellow, scarlet and crimson None-so pretties, silk and worsted Laces and Braids for Curtains, brass and pew- ter Curtain Rings, crimson, green, blue and yellow, worsted and mixt Line and Tossels for Window Curtains; Girth and Sadler's Webbing, brass Nails; 14 oz Tacks, Shoe Nails, Cloak Pins, Leather Casters, Truck- les, Writing Paper, TEA, Ginger, Lady's paste and plain Hair Combs, stone and silver Sleve Buttons, Pinchbeck ditto, Carpit Co- verlids, handsome green & blue Chaney and Lincey Curtains; English and Scotch Bed- Ticks, Sea Beds and Rugs, Mattresses, black figu'd Horse Hair for Chair Bottoms, Oz- nabrigs, Quality Bindings, Garterings, Silk and Linnen Handkerchiefs, Buckrams, color- ed Threads, sewing Silk, No. 4 and 12 Pins, Needles, best Roman Violon Strings, Wool Cards, Pidgeon, Duck and Goose Shot by the Hundred, Pewter Quart and Pint Pots, Ba- sons and Porringers, Seive and Seive Bottoms by the Dozen, Horn & Ivory Combs, check Linnen, scarlet and green Worsted Caps, and Stocking Crewills, Snuff Boxes, & GRIND- STONES, with a Variety of other Articles.
The Managers of Newmarket and Stratham LOTTERY purpose to commence drawing the Fifth Class on New Year's Day next, at the Ferry- House in Stratham, when & where the Adventurers may attend if they see cause. And the MANAGERS hearti- ly wish it may be a happy New Year to every Adventurer in said Class; and that if every one should not be so for- tunate as to obtain a Prize, that at least they may have the Happiness & Satisfaction of having promoted a Scheme of very great Utility to the Public. At the said Time and Place will be let to the lowest Bidder, some Jobs of Work on the Bridge. A Few Tickets to be sold yet by the Managers. Newmarket 3rd December 1771.
TO BE SOLD, THREE TRACTS of LAND in the Town of Rochester, viz. 80 Acres in the second Division, being No. 85. Original Proprietor John Hall. 90 Acres in ditto, No. 114, Original Proprietor Thomas Drew: 50 Acres in the third Division, No. 31, Ori- ginal Proprietor Thomas Drew. Any Per- son inclining to purchase the above Lands, may by applying to the Printers hereof, know the Terms.
Province of New Hampshire, Rockingham, ff. In the House of Representatives, December 16, 1771. Whereas a number of the Inha- bitants of that Part of New Boston, which is called the addition, together with some of the Inhabitants of the SOCIETY LAND, so called, have Petitioned the Ge- neral Assembly, praying to be erected into a Township, for reasons in their Petition set forth: Voted, that the Petitioners, cause the substance of this Petition to be Printed in the New Hampshire Gazette, three Weeks successively, and that any persons may be heard, to show cause why the prayer thereof should not be grant- ed on the third Day of the sitting of the General As- sembly, next after the 15th of January next. Attest, WILLIAM PARKER, Clerk. In Council Eodem Die. Read, and Concurred, GEO. KING, Dept. Sec'y.
NOTICE is hereby given to all Persons having any Claims against the Estate of John Titcomb late of Dover Esq; Deceased intestate and insolvent, that six Months more are allowed to the Subscribers by the Judge of Probate for the County of Rockingham, to examine any further Claims on said Estate, and that we will attend that business on the last Mondays of the six following Months, at the late Dwelling House of said Titcomb from two to five of the clock afternoon on each of said Mondays. Dover Dec. 19th 1771. John Gage junr. } Commis- Joseph Roberts, } sioners.
Runaway from the Subscriber, a Lad of about Eighteen Years of age; he had a bad spot on his Forehead, with Coat and Breeches of home spun Linnen Cloth, and Jacket of strip Stuff; named Amos Osley. Any Person who takes up said Run- away, and returns him to me, shall have a handsome Reward, of Alexander Houston. Londonderry, Nov. 26th, 1771.
For LONDON, A Fine New BRIGANTINE, called the THOMAS, Burthen'd One Hundred and Fifty Tons, JAMES NICOLL Master, Has Excellent Accommodation for Passengers, Will sail some Time in January, having some Part of her CARGO on Board, and most part of the Remain- der engag'd: For Freight or Passage, apply to the Master, on Board said Brig, Copper Long Wharf, Newbury Port.
[ Hanover. ] WHEREAS at a legal Meeting of the Proprietors of the Township of HANOVER, in the Province of New Hampshire, in Nov. last, a TAX was raised on all the Lands in Hanover, both divided and undivid- ed, of a penny half penny per Acre, and is for making a ROAD through said Hanover, leading to Wolfborough. This is therefore to warn all the Owners of Land in said Hanover, to pay their respective Taxes to me the Sub- scribers, at my House in Hanover, by the first Monday in February next, or their Lands will be advertised for sale according to LAW, in the New Hampshire Ga- zette. Isaac Bridgman, Collector. Hanover, Decemb 7. 1771.
To be sold, a Dwelling-House, being a corner one, bounded on Cross Street, leading to the North End. Enquire of Joseph Brewster.