The New Hampshire gazette (Portsmouth [N.H.]), 1795-09-29 00:00:00

THE New Hampshire Gazette.
Published by JOHN MELCHER, Printer to the State of New-Hampshire, at his Office, corner of Market-Street, Portsmouth.
Vol. xxxix.—Numb. 2027.]
TUESDAY, September 29, 1795.
[9s. pr. Annum.]
A STATEMENT OF THE Cause of the M c Clary owners, &c.
[Continued from our last.]
THE state of events was not much altered, so as to have weight in this question, from this time, to the condemnation of the Lufanna and her cargo by the Superior Court of New-Hampshire, in September 1778. From this statement, which it is hoped is impartial, and full, a judgment may be formed of the question. Abstract reasonings concerning the nature of government, of sovereignty, of federal and consolidated rights, will be left to lawyers and metaphysicians.
Yet as events that occurred afterwards, may give light to the question, some of the most important will be stated.
On the 6th March 1779, the case of the sloop Active came before Congress, by report of a committee previously chosen. This case had been tried in the Pennsylvania court of admiralty by jury; an appeal was made to Congress, the Pennsylvania law enacting that "in all cases of capture, an appeal from the decree of the judge of admiralty of this State, shall be allowed to the continental Congress, or such person or persons, as they may from time to time appoint, for hearing and trying appeals." The committee of appeals, upon hearing the appeal, decreed a different division of the property captured, from the court below by their jury, they having in their verdict, determined upon a mode of division: and the committee of appeals, ordered process to issue out of the court of admiralty, to carry this, their decree into execution. This, the judge of Pennsylvania court refused to execute; assigning as a reason, that an act of the legislature of the said State declared that the finding of a jury shall establish the facts, in all trials, in the courts of admiralty, without re-examination or appeal. And that an appeal is permitted only from the decree of the judge. These facts were reported by the committee of Congress, and they also reported, that, "although Congress by their resolution of November 25, 1775, recommended it to the several legislatures to erect courts, for the purpose of determining concerning captures; and to provide that all trials in such cases be had by a jury; yet it is provided, that in all cases an appeal shall be allowed to Congress, or to such person or persons, as they shall appoint for the trial of appeals." Whereupon it was resolved, "that Congress, or such person or persons as they appoint to hear and determine appeals from the courts of admiralty, have necessarily the power to examine, as well into decisions on facts, as decisions on the law, and to decree finally thereon; and that no finding of a jury in any court of admiralty, or court for determining the legality of captures on the high seas, can or ought to destroy the right of appeal, and the re-examination of the facts referred to Congress. That no act of any one State can, or ought to destroy the right of appeals to Congress, in the sense above described. That Congress is, by these United States, invested with the supreme, sovereign power of war and peace. That the power of executing the law of nations is essential to the sovereign supreme power of war and peace. That the legality of all captures on the high seas must be determined by the law of nations. That the authority, ultimately and finally to decide on all matters, and questions touching the law of nations, does reside, and is vested in the sovereign supreme power of war and peace: that a controul, by appeal is necessary, in order to compel a just and uniform execution of the law of nations: that the said controul must extend, as well over the decisions of juries, as judges, in court for determining the legality of captures on the sea; otherwise the juries would be possessed of the ultimate supreme power of executing the law of nations, in all cases of captures, and might at any time exercise the same in such manner, as to prevent a possibility of being controuled; a construction, which involves many inconveniences and absurdities, destroys an essential part of the power of war and peace, entrusted to Congress, and would disable the Congress of the United States from giving satisfaction to foreign nations, complaining of a violation of neutralities, of treaties, or other breaches of the law of nations, and would enable a jury, in any one State, to involve the United States in hostilities; a construction, which for these, and many other reasons, is inadmissible; that this power of controuling by appeal, the several admiralty jurisdictions of the States, has hitherto been exercised by Congress, by the medium of a committee of their own members;" upon this report of their committee, Congress passed a resolution asserting their right of appeal, with respect to the whole cause; both the finding of the jury, and the decree of the judge, any law of any State notwithstanding, and upon the yeas and nays being required, New-Hampshire, by their delegates, voted in favour of the right of appeal.
On the 22d May 1779, Congress resolved "that the resolutions passed on the 6th day of March last, relative to the controul of Congress, by appeal in the last resort, over all jurisdictions, for deciding the legality of captures on the high seas; be immediately transmitted to the several States; and that they be respectively requested to take effectual measures for conforming therewith." This resolution was in consequence of the report of a committee, upon a letter from the plenipotentiary of France, with a note from Don Juan de Mirailles a Spaniard. Congress also resolved, that a letter be sent to said plenipotentiary, in which, they say, "that they will cause the law of nations to be most strictly observed, that if it shall be found after due trial, that the owners of the captured vessels have suffered damage from the misapprehension or violation of the rights of war and neutrality; Congress will cause reparation to be made in such manner, as to do ample justice, and vindicate the honor of the Spanish flag. But they cannot consistently with the powers entrusted to them, and the rights of the States, and individuals, in any case suspend, or interrupt the ordinary course of justice." The amount of this resolution, and of this letter, unless the mind of the writer is much prejudiced; is, that Congress have no controul over the several States to take from them the right of deciding in cases of capture. But if, by the decision of the State courts, Congress conceive the law of nations is infringed, and a neutral nation injured, they will themselves cause reparation to be made in the same manner probably, as reparation by the new treaty with Great Britain is to be made to the British, whose vessels are taken by the French in our waters, not by causing specific restoration; but by paying the amount of the injury.
In June 1779, it appears the committee of appeals upon the cause of the M c Clary, noticed this resolution; as in their decree, they say, "that by the resolutions of Congress of the 25th November 1775, which have since been explained and confirmed, by certain other resolutions of the 6th March last, they have jurisdiction of this cause; but as the law of New-Hampshire, militates with said resolves, and those last mentioned have been transmitted to said State, the court declines any further proceedings in the premises, until they are advised of the result of the deliberations of said State, respecting the resolves aforesaid." It is presumed, it was in pursuance of this application of Congress, that New-Hampshire passed their law of November 18, 1779, entitled, "an act to allow appeals to Congress in certain maritime cases," in which they say, "whereas the Congress of the United States claim appellative jurisdiction in maritime causes, as incident to the rights of making peace and war, which claim so far as it respects foreign nations, is just." Be it therefore enacted, "that henceforth in all maritime causes, that shall be tried and determined in this State, wherein any subject or subjects of any foreign nation, or State in amity with this, and the United States of America, shall in due form of law, claim the whole or any part of the vessel and cargo in dispute, either party shall be allowed an appeal to Congress, or to such judge or judges, as shall be appointed by Congress to hear and determine the same.
In the first act an appeal was allowed to Congress, "where a vessel is taken by any armed vessel fitted out at the charge of the united colonies." In this, it was extended to all cases, wherein "any subject or subjects of any foreign nation or State in amity with this and the United States of America, shall claim any part of the property in dispute."
The inquiry naturally occurs here, whether this law was a compliance with the resolutions or reasonings of Congress. The particular case in May 1779, was that of a Spanish claim, who were interested in the sloop Active, does not appear from the journals of Congress: but the reasonings of Congress in this case seem to turn on the danger of being involved in war with foreign nations, unless they have the right of deciding finally in cases of capture. The law of New-Hampshire says, "that in all cases of foreigners, whose nations are in amity with that and the United States, an appeal shall be allowed." What danger can there be of being involved in a war with any other nation, except one in amity. And with respect to the claimants of sister States. The evil was of no magnitude, compared with disputes respecting their several boundaries, which was confessedly not in the power of Congress until the confederation, except by particular grant; as is plain in the case of Vermont, and the Connecticut and Pennsylvania claim.
This law of New-Hampshire did not include the M c Clary cause, as the claimants were not foreigners, but citizens of one of the United States.
The confederation was completed in 1781, when the power was granted to Congress, or it was acknowledged, that they should have the power of establishing courts for receiving, and determining finally, appeals in all cases of capture. Which in all future time settled the
subject of State and Congressional power, with respect to this point. By this compact each State was to retain sovereignty, freedom and independence, and every power and jurisdiction, and right, which was not by that confederation expressly delegated to the United States in Congress assembled. This article shews a solicitude in the people, to prevent their rulers from assuming power by construction. It unfolds the principles of the resolution, and that had it not been considered as the most sacred of rules, it would not have been prefixed to this grant of power. It assists us as well in determining the powers of Congress before the confederation, as subsequent to its ratification. The grant of powers by the several States, relating to the subject of captures, was so various as to preclude any conclusion founded on their implied acknowledgement. 'Tis true, we may at once say, it needed no acknowledgement, but was necessarily vested in Congress. Yet those necessary inferences by the confederation must be of a kind cognizable by common sense, and incapable of dispute, all others are excluded.
By the provisional treaty of peace signed in November 1782, the rights of the several States, independent of the will of Congress is admitted, respecting the several confiscations that had been made. And upon them it was conceded, depended any allegation on that subject, tho' in the same compact it is agreed no further confiscations shall take place.
Upon this statement, with these subsequent explanatory events; we conceive the question of the right of appeal to the courts of Congress must depend; upon a review of them, and of such arguments as will occur to his mind, every one will decide. On the question, whether the district or in this particular case, the Circuit Court had the right of carrying into execution the decree of the court of appeals, the Circuit Court determined, in the affirmative; and they thereupon decreed, Judge Blair then alone sitting upon the bench, "that it is hereby ordered, adjudged and decreed by the court, that the respondents for, and by reason of their not complying with the decree of the court of appeals, mentioned in said pleadings, shall pay in damages to the libellants the value of the property specified in their said libel, with costs; the value thereof to be ascertained by the report of Thomas Ruffel, Samuel Brown and Jonathan Jackson, made on the premises; subject however to the controul of this court at the next term.
The State laws, thus tumbled down by the courts of the United States, were not suffered to lie in ruins, without an attempt to rebuild them. A memorial was presented by the proprietors of the M c Clary to the legislature of New-Hampshire in December 1793, stating the circumstances, and the contempt thrown upon the laws of the State.
The legislature again presented a remonstrance upon the subject, to the Congress of the United States; vindicating their own laws, and urging the attention of Congress to the subject. In consequence of which, a committee of the Senate were chosen, consisting of Mr. Livermore, Mr. Langdon and Mr. King; who reported that the State of New-Hampshire being a free sovereign and independent State, long before the confederation of the United States, made a law for the purpose of privateering against the common enemy, and to establish courts for the legal trial and condemnation of prizes. That in pursuance of said law, the said brig Lufanna, mentioned in said remonstrance, was captured, tried and condemned according to law, and distributed by order of court among the captors and owners of the privateer. The committee further report, that the said brig and her cargo were insured in London, against all risks and dangers of the sea, and all American privateers; and that after the capture and condemnation aforesaid, the owners of said brig Lufanna and cargo, were paid for the loss by the underwriters. And further that the said State of New-Hampshire never gave an appellate jurisdiction in this cause, to any foreign court or power whatsoever; and that all interference therein, by any other than the courts of New-Hampshire, is in the opinion of this committee, a violation of the freedom, sovereignty and independence of said State.
This report was ordered to lie on the table, and nothing further was ever done respecting it. The M c Clary owners finding no relief from legislative interference, were again obliged to attend upon the courts of law, upon the report of the commissioners appointed by the Circuit Court to ascertain the value of the property to be found in damages by them.
The commissioners reported, that the Lufanna, her cargo, &c. were, on the 2d October 1778, the assumed time of sale worth
  That they calculated thereon 16 years interest, viz. from the 2d October 1778, to 2d October 1794, amounting to  £ 5,895 14 10     5,659 17 4     11,555 12 2  
And the Circuit Court, on the 24th October
1794, gave their definitive sentence, that the libellants should recover against the respondents, the sum of 38,518 dollars and 66 cents damage, and 154 dollars and 30 cents costs, and that the said respondents are condemned in those sums accordingly.
The respondents immediately upon sentence being given, applied for a writ of error to the Supreme Court of the United States. In ascertaining the condition and amount of the bond upon granting it, the judge of the Circuit Court, Judge Cushing, determined the penalty should cover the whole damages and costs, that might finally be recovered. Although the owners of the M c Clary were sufficient for such a sum as was decreed they should pay; it was difficult for them to procure sureties for so large a sum. And the writ of error was not taken out, to as to suspend the issuing the monition to them to pay the sum; nor until a law was passed by Congress, that the security to be required and taken on the signing of a citation, or any writ of error, which shall not be superseas and stay execution, shall be only to such an amount, as in the opinion of the justice or judge taking the same, shall be sufficient to cover all such costs, as upon an affirmation of the judgment or decree, may be adjudged or decreed to the respondent in error. The writ of error was prosecuted in the Supreme Court of the United States, held at Philadelphia February 1795; and after a full hearing, and argument of the most eminent counsel. It was determined by the court, that the decree of the court of appeals of September 1783 for restoration was a valid decree, being made by a court under the confederation of acknowledged final jurisdiction in all cases of capture. That the district, or under the particular circumstances of this case, the Circuit Court was the proper court to carry into effect the decree of the Court of Appeals. That the decree of the Circuit Court, in making the plaintiffs in error equally liable, was wrong, one moiety of the property being distributed to the owners, the other among the captors, the decree for damages for not restoring, ought to have been, that one moiety be paid by the owners, the other by the captors, or in this instance by George Wentworth, the agent for the captors; and that interest should have been cast only from the time of the decree for restoration, September 1783, instead of September 1778, the time of computation by the Circuit Court.*
And this Supreme Court decreed accordingly to correct the errors in the decree of the Circuit Court, and passed definitive sentence, that the respondents should recover the sum of
  £ 5,895 14 10  to be the aggregate value of the Lufanna and her cargo, &c.    That on this sum, interest should be calculated from 17th September 1783, till 24th October 1794, which will amount to  3,920 12 4     £ 9,816 7 2  
equal to 32,721 dollars and 96 cents. The one moiety whereof being 16,360 dollars & 68 cents, should be paid by John Penhallow and the owners; and the other moiety by George Wentworth. That the costs in the court below should be divided in the same manner, and that the parties should bear their respective costs, which have arisen on the prosecution of the appeal to this court.
With respect to the right of Congress to institute courts, with power to decide finally in all cases of capture prior to the confederation; two of the court, Judge Blair and Judge Patterson were fully of opinion that Congress had the right. Judge Cushing and Judge Iredel did not give their opinion on this point. The judges conceiving that whether Congress had or had not the right at the time of the judgment of the Superior Court of New-Hampshire in September 1778, or any time previous to the confederation; whether the cause was regularly brought forward in the court of appeals, transferred from the commissioners of appeals, or not; whether there were any errors in any part of the process, before the decree of September 1783, were not questions material to be decided in the cause before them. That a decree made by a court of Congress; after Congress had the right of erecting courts to determine finally in all cases of capture, was conclusive and binding.
It will be recollected that Judge Cushing gave his opinion in the Supreme Court of Massachusetts (while he sat there) that this decree of September 1783 was not constitutional, or to that effect; but lawyers and judges change their opinion, as they gain more light or examine questions more thoroughly.
*Had the goods been valued as they were worth in September 1783, the time from which interest was cast by Supreme Court, and also the time of the decree for restoration, when importations were free from Great Britain, perhaps 25 per cent only upon the sterling cost could have been added, instead of 100 per cent as estimated by the commissioners, and a difference of perhaps 7000 dollars would have been made.

Thus in all legal, perhaps political probability, is finally decided, so far as respects courts of law, this important cause of the M c Clary owners, and Doane claimant of the Lufanna; and at last decided without the real question, "whether Congress, at the time of the judgment of the Superior Court of New-Hampshire in September 1778, had the right of instituting courts finally to decide in all cases of capture," being considered as material in the then state of the cause.
Few causes have run such a race, or acquired such an age; commenced in the Maritime Court of New-Hampshire in 1777, determined in the Superior Court of that State in September 1778, carried before the Commissioners of Appeals, and by them decided, they had jurisdiction in 1779; transferred in 1780, from them to the Court of Appeals, who decreed against the M c Clary owners in Sept. 1783; in the same year taken up by the legislature of New-Hampshire, as a constitutional question, and a remonstrance presented to Congress, and acted on by them. From 1784 to 1786 the same cause travelled through all the courts of Massachusetts. It then started up in the courts of Pennsylvania, after the adoption of the federal constitution. It again commenced in the District Court of New-Hampshire, was transferred from that to the Circuit Court, and after tedious litigation was there determined against the M c Clary owners. The General Court of New-Hampshire then in December 1793 again remonstrated to Congress upon it, as a constitutional question, and the Supreme Court of the United States, on a writ of error from the Circuit Court in February 1795, after hearing the cause for ten or fifteen days, have closed the scene of law discussion, and condemned the M c Clary owners to pay the amount of damages.
This did not close the legislative endeavours, after the final decree was passed in the Circuit Court, October 1794; the M c Clary owners again presented a memorial to the legislature upon the subject; the legislature again made a warm remonstrance to Congress, respecting the infringement of the rights of the State by the court and commissioners of appeals, and that those infringements were sanctioned by the Federal Courts, and say, that "while they cheerfully acknowledge the power of Congress in cases arising under this constitution, they equally resolve not to submit the laws made before the existence of the present government, by this (then independent) State, to the adjudication of any power on earth, while the freedom of the federal government shall afford constitutional means of redress," and say "they rest assured that the rights of State governments, and the interests of their citizens will be secured against the exercise of a power in the courts, or any body of men under Congress, of carrying into effect an unconstitutional decree of a court instituted by a former Congress, and which in its effects would unsettle property, and tear up the laws of the several States." This remonstrance was forwarded to Congress, and the House of Representatives chose a committee thereupon, who reported, that in the opinion of the committee there could be no interference of Congress.
The house did not act upon the report before the session closed.
The gentleman who has taken the pains to collect from the several papers and records of the several courts through which this tedious, troublesome, unprecedented and expensive cause has passed, selected from the journals of Congress, what was relative thereto, and methodised the whole, has cautiously avoided as much as possible every personality, and has adhered strictly to plain truths, in all which, and the correctness and impartiality thereof, he has done himself honour. The records of the courts and journals of Congress are standing testimonies, open to the inspection of the impartial or doubting readers, it may naturally be supposed that a person may feel greatly indignant at every means used, which has a tendency to injure or degrade the community or government, of which he is a member, as well for himself as his fellow-citizens; it is however improbable, if not impossible that he should feel those keen sensations which persons cannot easily avoid, who have waded through a laborious and expensive defence for 17 or 18 years, of their property, character and the laws of their country, and finally see it decided in a manner to which their reason and their common sense cannot assent.
Where plain facts are adduced with modesty and deference to characters which are naturally brought into view, even such who from the sufficiency of their fellow-citizens, are placed in honorable and exalted offices to guard the liberties and the properties of free republicans. There can be no cause for taking offence, if some modest enquiries are made, which may tend to elucidate and brighten, rather than shade the actions of men whose exalted and virtuous minds may bid defiance to investigation.
Men of great and virtuous minds may at times find occasion to alter their sentiments in matters of the greatest consequence to their fellow-citizens and their own conscience, but where such things do happen, the community, and perhaps their own conscience may justly require some explanation. The honorable Judge Cushing having given two opposite opinions in the course of this lengthy cause, he may hereafter perhaps think it proper to offer some reasons therefor, as none has yet ever appeared, and it may not be improper at this time to mention, that the construction which his honour thought necessary to put on the law for taking bonds for the prosecution of the writ of error, from the Circuit Court held at Exeter in October 1794, where he insisted upon bonds being given with sureties for 50,000 dollars to cover the judgment which he had then passed of 38,519
dollars, which was afterwards explained by a resolve of Congress, whereby only a few hundred to secure the intervening charges were found necessary, and put the plaintiffs in error to an expense of near 500 dollars (besides the great trouble) accruing from the necessity of sending an agent on to Congress, an extraordinary expense for official papers, and an agent sent on to Situate to the Judge, and the time necessary to notify the adverse party, so short that it could only be accomplished the very last day, and with the great risque of the advantage of the writ of error being lost thereby.
It appeared strange to many persons who attended the Circuit Court at Exeter in October 1794, where Judge Cushing sat alone, that the honorable Judge thought proper to receive the report of the gentlemen, appraisers of the goods in dispute, and pass the amount on to judgment, without ever examining into any of the principles, or manner on which the appraisers acted, even to consider what their instructions were, or even to desire the clerk to calculate and see if the interest was right cast, but immediately passed the sum they had found into judgment, without any further observation, than that "those gentlemen were better judges in that matter than he could be." It may be proper here to give a literal extract from the instructions which Judge Blair gave to the gentlemen appraisers in October 1793, viz. "To report for the further consideration of the court, what was the value of said goods, and articles at the time when the same were sold, and also to report the value of the said brig Lufanna and her appurtenances at the same time, and also the amount of the interest upon the said sums from that time to the making the report," from these circumstances it may (to be sure) be right in the manner, as it was done by a Court, and Judge competent thereto, therefore no objection or alteration can possibly be made , (this we see confirmed when the competency of the court of appeals was brought into question) but should a set of referees (whose abilities cannot possibly be put in competition with that of a Judge) with so much ease, slide over a matter of the smallest importance, depending between two contending neighbours, their conduct would be deemed extremely reprehensible, the Judges of the Circuit, as well as of the Supreme Courts have founded their judgments upon the competency of the court of appeals, perhaps it might not be improper to enquire upon what principles the court of appeals find justification in the reversal of the decrees of the maritime and supreme courts of New-Hampshire, even for a moment admitting the right of Congress in 1778, to the final appellate jurisdiction in all causes of prize, or no prize, as without any infringement on the bounds of truth, it may from the foregoing history, be asserted that the circumstances of the Lufanna perfectly corresponded with the laws and descriptions of vessels which were to be adjudged legal prize, both by New-Hampshire and Massachusetts, and in no wise contrary to the resolves and laws of the then Congress; this Court of Appeals, composed of the honorable John Lowell, George Read, and Cyrus Griffin, Esquires, without giving the parties any notice, proceeded, after establishing their own jurisdiction, to the trial of the merits, as they found some papers on the files of the late court of commissioners appointed by Congress, from their own body, relative to the cause of the Lufanna; this was perhaps the legal reason for determining the cause to be in course, and needed no further notice; indeed only one party required the notice, as the other was pressing the matter on.
In common, and probably in civil law courts, stated periods for their sessions or adjournments, point out to the parties who may have causes depending in them, that they will be called up, and shew the parties attendance to be necessary; but in this case the court of appeals was an intire new one, which if it had ever acted as a court, certainly did not in this cause. The court of commissioners before whom this cause had been cited, but never acted upon, other than to say, that they had jurisdiction, was dissolved, and this court of appeals appointed by Congress in 1780. By mere accident the M c Clary owners heard that the Lufanna cause would be brought on before this court of appeals in September 1783, about 14 or 18 days before it was to set, and they, as early as possible, sent on an agent to Philadelphia, who got there in time to hear the final sentence in that court. Under these circumstances, let the matter bear its own weight, and let impartiality determine thereon. How were the M c Clary owners to know that there was any such court, or more, that their cause was to come before it, and when, without some official notice. Perhaps matters may have been so managed that forms of law would not have pronounced this an exparte trial, but when strict justice, sanctioned by impartiality, and the old fashioned rule pointed out in a good old book, of "doing as ye would be done by," is brought into view, the matter seems to appear in quite other colours; the honorable Judges can best explain those legal mysteries, and to them it is referred, and likewise to point out the reasons why the M c Clary owners were deprived of the opportunity of appearing before this court with that flood of evidence they were possessed of in the support of their cause.
By the decision of the Supreme Court, it is ordered that John Penhallow and the other owners pay one moiety, and George Wentworth as agent for the captors pay the other moiety. Here appears to be two various sentences, viz. one against all the owners in being, and the other against the agent for the captors only; it appears strange that the captors were not included as well as the owners.
As the Supreme Court thought proper to chancer, or alter the decree of the lower court, before they passed the final judgment, and com-
penced the interest from September 1783, did they not impliedly say (tho' not in plain terms) that the property was not Mr. Doane's until the decree of the court of appeals made it so; if not, why did not the interest commence in 1778; then if the property was not Doane's until September 1783, why was the advance kept up at 100 per cent, when in September 1783, English goods were current in Boston, at 25 per cent advance. This alteration would have reduced the judgment near three eighths. It was not in the power of the plaintiffs in error, (if the court established the court of appeals) to contemplate the principles upon which the court would make up their judgment, therefore they were deprived of the opportunity of enforcing this plea, until the matter was finished by the judgment being fixed.
From all the foregoing circumstances, it appears that the capture was legal, the whole property insured in London, the whole loss recovered and carried to the credit of Mr. Doane,* the whole brought into the United States by the M c Clary, as appears, for the benefit of Mr. Doane or his heirs, which he could not (if designed) get in otherwise, sold for him at an extraordinary advance, and complete interest thereon; when perhaps no plausible reason could be given why they were put at more than the Halifax price, the port to which she was bound, if Doane must have them, and all this done for the immediate benefit of Mr. Shearjashub Bourne, (as is said) who himself declares that he was acting in direct opposition to the resolves of a set of men who took upon themselves the style of the Continental Congress, together with his strong attachment to the king and government of Great Britain, that his design was to buy prizes carried into Halifax. England being then at war with no power except America, that he had offered Mrs. Caley (see her deposition) any part of the goods he had on board, to sell on commission at Halifax, that he expected to clear in the ensuing winter five thousand pounds by his business there; had a great number of blank bills of exchange to fill up on the house of Messrs. Lane Son and Frater; from whom he had leave to draw for three thousand pounds, and backed by the house of Watson and Rashley for four thousand pounds.
The decision of this cause must appear at a future period, if not now, most remarkably mysterious, and possibly unfathomable, and equally surprising, should the Legislature of the State of New-Hampshire, after such indignity to the State independence, so unanimously claimed, after their repeated spirited remonstrances to Congress, in words expressive of more than common form; see their citizens who have literally comported with its laws, and laws to which they were obliged in all cases to submit, paid regularly their quota of taxes, supported with their best endeavors the State, and General Government; dragged from the protection of those laws, the reversal of the judicial decrees of its courts, and such by an extraneous jurisdiction, to which in this, and similar causes they had prior to the confederation, unceasingly refused to Congress their assent; a delegation which the latter knowing, or supposing to be an essential spoke in the wheel of Congressional government, had repeatedly requested, and as often was refused; see those citizens thus oppressed; and for what crime, loaded with excessive penalties? Why, for having received the proceeds of a property adjudged theirs by the laws, and supreme maritime court of the State, which property cost in England, as the appraisers found, short of two thousand pounds sterling, with the vessel valued at £300; for which property a judgment is now given against them for near thirty-three thousand dollars, which, with an expense accruing in defence of the State laws of nearly 9000 dollars, making in the whole about £9,400 sterling; one moiety of the judgment is against the captors' agent, who had the money for the captors ordered into his hands, to be paid over to them; and from the circumstance of the the then time he could by no means have avoided paying to them; they had a legal decree of the court in their favor, and a legal claim; besides which had he hesitated, his life would have been in danger, which every one must know, who saw and recollects that period.
No honest American can wish to see a criminal escape with impunity, when facts, and the crimes are ascertained, any more than they would wish to have a delegated power given for general security and protection, converted into an engine of oppression; if in this case there be any crime, let it be faddled upon the right horse.
If this statement of particulars is well supported (as is presumed it is) surely the legislature of New-Hampshire will not stand with the apathy of a Stanislaus, benumbed by age, misfortune and national calamities, beholding his domains seized, and measuring out by the rapacious fangs of monarchy. But will rather as the fathers and protectors of the State and its privileges, devise such means as in their wisdom may seem best to answer and remove the just complaints of its oppressed citizens, innocently suffering, and unjustly ground between contending jurisdictions.
"No Government will, or can endure, which does not protect the rights of its subjects." Ramfay's Hist. Am. Revo.
* This property being recovered from the M c Clary owners, surely it must be for the benefit of the underwriters, and they were subjects of the King of Great Britain.
A general assortment of BLANKS,
Printed on good paper, are constantly kept for sale at J. MELCHER's Printing Office, corner of Market-Street.
FOR THE GAZETTE.
MR. MELCHER,
WHEN people are divided in opinion on subjects which heat the understanding and inflame the passions, there is hardly any wickedness, of which one party is not capable of accusing the other; and by these, reciprocal accusations of crimes, which perhaps neither was capable of committing, they become familiarized with ideas, which they never before entertained, and are gradually prepared for deeds which they would otherwise have shrunk from with horror. Unhappy divisions have lately taken place in this town, random assertions, false and malicious reports have been industriously circulated, newspapers have been the vehicle of illebal and inflammatory publications, of low abuse, of miserable attempts at punning on names; the most of these performances it is presumed have experienced a very short life, not unlike the ephemera or day fly, have made their exit, the day in which they were born. The peculiar malignity in one of the publications which appeared in the last week's Gazette, cannot be passed by without notice; the writer on the basis of a mischievous report, which he might have easily known to have been so, has asserted that a publication entitled the Echo, was handed to the Printers in this town, to be published, it was refused, and then carried to Newbury-Port, there published, and afterwards placed in a bookseller's shop in this town for sale; the whole of this story is false, and fabricated by somebody to answer the basest purposes; the Senator alluded to, is not at all obliged to this ill-natured writer, for introducing him into such a group, as influential heretofore over disorderly, insulting people, as a protector of the vilest character; when a person filling so important and confidential a station, as Senator of the United States is mentioned, it is pleasing to hear of him as a lover of good order, as a man of candor and good sense, disposed to calm and inform his fellow-citizens who employ him, and to support every constitutional act of the government we are blessed with.
It is a subject of melancholy reflection to think that in a country so enlightened as that of the United States, wretches are to be found, who disgrace the cause of liberty, who instead of linking to her train, benevolence, candor, love and prosperity would rather substitute anarchy, cruelty, envy, suspicion and misery; it is not surprising, that by such people, characters which have always been esteemed with us, as respectable for their fair dealing and integrity, and on every other account should now be calumniated, and the basest, but we trust unavailing attempts made to lessen them in the minds of their fellow-citizens; whenever we find men who maintain perfect integrity towards the public, are benevolent and hospitable towards individuals, fulfil the relative duties of life conscientiously, strive to be useful to mankind, by employing them, we have a treasure to society in such characters of more worth than a world of frothy, idle freet declaimers, who with liberty in their mouths, have in their hearts tyranny and oppression.
The utmost, the authors of the late fever-tics could expect, would be to make hypocrites, it is impossible for them to make converts, opinion so far from being under the power of other mens' wills, it is not under a mans' own, it is the offspring of his reason, of whatever force that reason may be, whether well or ill informed, and although it is often perverted by prejudice, and influenced by situation, yet a man's real opinion is founded on what appears to him to be reasonable at the time, and he cannot alter it, unless what appeared reasonable, appears to him the reverse; opinions therefore cannot be justly imputed to any man as crimes.
Is there then any reasonable pretence for all the noise and tumult, that we have had of late; the two great points of contention are what every man would consent and agree to in private; what man in the United States who has his senses, would pretend to dispute this point? That every town has an undoubted right, peaceably to assemble, and publicly to give their sentiments on any act of government; it may not always be expedient, this must be submitted to the judgment of the inhabitants. At the same time every body knows that any number of inhabitants have an equal right at the meeting, or at any time afterwards when they please, to dissent from their proceedings, the expediency must be left to the judgment of those only who dissent; this great mountain, is in fact less than a mole hill.
FOR THE GAZETTE.
MR. MELCHER,
A n old Whig" says he is a friend to peace and good order. From some circumstances in his publication, I apprehend, he is a man, I have been in habit of thinking well of. He asserts, that the address to the President was a daring insult to the town. He is now called upon to shew, how it could be considered as an insult to the town; as this is directly denied: If he chooses to point out this without abuse, and with calmness, he shall be answered.
A. M.
FOR THE GAZETTE.
MR. MELCHER,
A n enemy to allans" with scoundrel in front, toad-eaters in center, and virtuous ten in rear, makes a very formidable appearance. In the business of assassination, 'tis certainly ridiculous, openly to attack so redoubtable a champion. "The scurrilous pamphlet" he observes "is filled with absolute lies." Suppose we try a line or two, and make it contrary to what it is in the pamphlet, and see how it looks. "Save once when — silence broke" not "And for the space of half a minute spoke" not. Does it not look quite as bad as it is in the

original. The fact is, wit is of divine origin, and can only be opposed by equal or superior wit. And my brother "enemy to assassins" will not pretend to that. Such a lump of hard words, as he has congregated together, can surely answer no purpose. Absolute lies, infamous treaty, Hamiltonian toad eaters, smutty performance, dirty scoundrel, ungrateful creature, pitiful fellow, &c. may abound handsomely in the purlieus of puddle dock, but can meet no countenance in any other part of the town.
"An enemy to assassins" mentioning gratitude and necks, reminded me of a pretty epigram of Mat. Prior's—if apropos, Mr. Melcher, add it to this, without determining, whether the gentleman ever did an act deserving of the gratitude of any one.
To John I owe'd great obligation; But John unluckily thought fit, To publish it to all the nation; Sure John and I are more than quit.
POLLIO.
Foreign Intelligence.
TRANSLATIONS FOR THE AURORA.
From Hamburgh and Altona papers, to the 30th June, received by a late arrival at Philadelphia.
TURKEY.
CONSTANTINOPLE, June 1.
THIS day the new French Minister citizen Verniac, will have his first public audience at the Grand Vizir's palace. Since the 1st May he paid visits to the envoys of neutral powers. On the 16th of last month we were informed that he was formally recognized as the Minister of the French Republic. Citizen Desforges, his predecessor, had private audiences, but was never openly recognized as Minister of the Republic.
SPAIN.
MADRID, May 28.
The Ambassador of the United Netherlands, M. Vandergoes on the 13th delivered a note to the Minister of the State, Duke d'Alcudia wherein he declared, "That the States General have abolished the dignity of Stadtholder, Captain General and Admiral and exempted all those whose functions had obliged them to swear allegiance to the Stadtholder from their oaths. That the States General and the whole nation entertained a sincere desire to live in continual peace with all powers in general, and with his Catholic Majesty in particular."
The Duke d'Alcudia answered on the 14th, "That it would be a particular pleasure to the King, to maintain an uninterrupted friendship with the States General and the Dutch nation."
ITALY.
LECHORN, June 10.
On the 29th of May last, the grand Duke of Tuscany granted a solemn audience to the French citizen Miot, and the Secretary of Legation, citizen Freville. We have received certain accounts, that twenty sail of the line have set sail from Toulon; part of which are to cruise off Tunis and Tripoli.
SWEDEN.
STOCKHOLM, June 20.
It has been openly proclaimed here, that the king, as duke of Pomerania, considers himself as included in the peace between Prussia and the French Republic; and that consequently, he could no longer agree to furnish any contingent, either in men or money, to the empire, for his German possessions.
The arrival of the celebrated Danish Minister, Count de Bernstorff, seems to forebode the translation of some important affairs, which will finally decide on the duration of the present war.
The king and the regent have probably left the heath of Bonarp, in Scania, where 8000 men, infantry, and 2500, cavalry, are encamped: They were expected at Carlscrona on the 19th inst. And will return to the capital about the beginning of next July.
M de Signeal, our secretary of legation at Paris, is hourly expected here; he is to bring the treaty negotiated with the French Republic. We hear that France has allowed us great commercial advantages, and agreed to particular stipulations, which will enable us to baffle the efforts of an enemy, without overloading the country with oppressive taxes. Our political and geographical situation commands us to be the friends to France; a friendship which will vastly add to the happiness and prosperity of both nations. We know what Russia has done, and we see what we have to expect from England. The Swedes have always been loyally treated by the French, even in the stormy moments of the revolution; but our government was also the only one which, in the most pointed language, expressed its aversion to a war undertaken and continued against the independence of a mighty nation. The Swedes have long since been the allies of France, and acted accordingly; they scorn to insult the defenceless, or attack the peaceable neighbour; but they never wanted courage to repress the violence of the haughty and peevish insolence of the ambitious.
DENMARK.
ALTONA, June 29.
The Swedish and Danish squadrons effected their junction on the 21st inst. The combined fleet, now composed of 16 ships of the line, and 10 stout frigates, besides brigs and cutters, will be commanded by the Swedish Admiral, Count de Watchmeister, during the three first months cruise.
Both governments, besides keep 12 ships of the line in readiness, to join the fleet at the first notice, in order to have effectually their commerce, neutrality, and independence protected against any power that might usurp the right of dictating laws to independent states, and impose chains on the high seas, which beneficent nature has laid open to all nations. An equal number of Swedish ships of the line is also lying at Carlscrona, which, added to the fleet already at sea, will form a total of 28 ships of the line, and 18 frigates.
POLAND.
WARSAW, June 17.
It is now universally believed, that the fate of Poland will soon be decided. Men who from their connexions have an opportunity of peeping behind the veil of secret transactions, assure now, that Warsaw with 3 palatinates will form an independent republic headed by a king, but who this king shall be is as yet a mystery. Those who are in the Russian interest, pretend to know from certain sources, that if the Poles should choose Prince Constantine for their king, the Russian Empress would not only restore all she has taken from Poland, but also oblige the partitioning powers to give up their respective shares. However this may be, it is a matter of fact, that the three powers grow every day more jealous of each other, and it cannot be doubted but they would agree with pleasure to establish within their respective boundary, some independent states, that might secure them against the fear of being near bad neighbors.
The Russian troops in our vicinity amount to 60,000 men divided in eleven corps and assembled in as many camps. The Russian general has lately required the Austrian commander to evacuate part of the Palatinates, of Chelm and Volhynia, which was immediately, though reluctant complied with.
NETHERLANDS.
BRUXELLES, June 20.
The officers of the Austrian troops at Luxembourg, were treated with particular attention by the French General.—Jourdan gave them a great entertainment where among other toasts, "a general peace throughout Europe" was given. In order to accelerate this happy event, almost the whole besieging army has been marched to Coblenz, in order to serve under General Jourdan, who is to begin the operations, in concert with General Pichegrau, with all possible vigor.
On the 19th inst. a conference between a French and Austrian General which lasted nearly 12 hours, has been held in an Island of the Rhine, near Coblenz.
DENMARK.
COPENHAGEN, June 13.
A Swedish fleet, under Admiral Wachmeister, consisting of eight sail of the line and four frigates, has entered our road. They are to join ours—but what the great object is, is unknown.
The consternation excited by our late dreadful fire, has not yet subsided. The number of houses burnt is 943, and 20 damaged. The property insured, was 4,603,400 dollars. It is not yet known whether the Fire Office will be able to pay all the policies. The Prince has daily 130 sufferers at his table.
BOSTON, Sept. 24.
We are sorry to hear that putrid bilious fevers and the dysentery are uncommonly frequent in many parts of the country. The tendency to putrefaction occasioned by an unusual concurrence of heat and moisture, is very obvious in the vegetable world. This tendency in the human body is also evident, and is to be resisted by temperance in diet, the use of generous wines and other fermented liquors, and frequent bathing."
By Capt. Brown from Bourdeaux, who has arrived at Marblehead, after a passage of 52 days, we have very important information, the authority of which we believe is incontestible.—It was reported to him as an undoubted fact, that the Emigrants who had landed in Quiberon-Bay, had been attacked and defeated with great slaughter; 4000 being made prisoners; the slain, numerous,—this account came direct from the spot.
The Capt. further says, that Bilboa in Spain, was taken by the French, the 10th of July; Capt. Prince who had arrived at Bourdeaux with a cargo of fish intended for Bilboa, brought this intelligence: he being informed of the capture by Spanish boats, which he spoke, he discontinued his original voyage and made for Bourdeaux.
Capt. Brown further says, that in coming down the river from Bourdeaux his pilot informed him of an attack being made on Belleisle by British ships, in which several of them were destroyed by the Batteries from the shore, Capt. Brown is a man of veracity, and the news was believed at Marblehead.
Extract of a letter from a gentleman in New-York, dated 14th Sept. 1795.
"The fever is rather increased than otherwise—tho' we do not apprehend that it will continue long—however, it gives us but a short warning—those who take it live seldom longer than three or four days."
Extract of another letter, same date.
"I am sorry to inform you, that a malignant fever now rages here.—This fact I can no longer keep a secret from you. Within a few days past the fever has made its appearance in different parts of the city; it is no longer confined to Water street. The country people begin now to be afraid of coming in to us; our fall trade I fear will be ruined."
Accounts from Kingston (Jamaica) August 4—5, state, that owing to the revolted state of the Morroons, (certain free negroes in different parts of the island;) martial law has been declared in Jamaica, Spanish-Town and Trelawny.
Even during the disasters of the present war, the government of England has never been in a situation so dangerous as the present. While her legions mowed down on the continent could be replaced by more, ready to be slaughtered, the trade of that vile government prospered;—the just and necessary war was a pretext for more taxes, and an extension of the system of oppression; and the sword of the French was the guillotine of the discontented. They now experience a considerable scarcity of the necessaries of life and are threatened with a serious famine. Another event no less indicative of their speedy downfall is the late insurrection in Jamaica, which if not quelled, will create such a shock in the English commercial world as will endanger the glorious fabric of their constitution; and how is the evil to be averted: how are the insurgents to be suppressed? 500 of them, inured to the climate are able to cope with six times that number lately landed, especially during the hot season; if the first keep but the field and avoid an engagement, disease will soon mow down the greatest portion of the latter, and the remainder will fall an easy prey.
The alarm of the government in Jamaica, is sufficiently evinced by the measures taken to quell the insurgents who are no doubt instigated to revolt by more than ordinary causes—This event in Jamaica, will at any rate be decisive of this campaign in the West-Indies; for even supposing the insurrection quelled in Jamaica, as St. Domingo will have been deprived of the assistance of the 2000 men intended for the relief, the English will probably lose all footing in that island.
Thus critically does the fate of Britain hang, and to their fates ours have been in a measure connected, by the all wise measures of our truly infallible Executive.
From the BOSTON CHRONICLE, Sep. 28.
From BERMUDA.
The following intelligence may be considered as highly interesting; we have made exertions to come at facts, and having waited on Captain Watts, we are able to state the following particulars, which we believe to be authentic:
Capt. Watts was taken in our bay in June last, by the Sir Charles Gray privateer, and sent into Bermuda; his owners sent on a certificate, signed by the British Consul certifying that vessel and cargo were bona fide American property; by this means, after a long detention, and after every base artifice was used to bribe the sailors to swear he was in part French property, the humane and benevolent Judge released her—Capt. Watts informs that the Bermudians are determined to take all neutral vessels bound to or from France—that they were daily sending in Americans which were mostly condemned; they laugh at and ridicule the Americans when they produce their certificates, unless signed by a British Consul. That a new Commissioner had arrived there from England, with new instructions, and had purchased the Sir Charles Gray privateer, on the King's account. That two 28 gun-ships were on the stocks and were to be launched next Feb.—That in some instances American seamen were pressed on board British ships, notwithstanding their certificates of residence. And they publicly declared that when the Treaty was signed, all Americans they found on board French privateers, they would immediately hang up to the yard-arm as pirates; and in short, that they treated the Americans with the utmost contempt.
Ye Treaty-mongers what think ye of this!—Fine times these truly!
IMPORTANT.
We shot the press this morning, to give the public the following
Extract of a letter from Paris, dated July 15th, received via Dunkirk and Baltimore, to a gentleman in Boston.
"MAYENCE* is taken, and the Emigrants sent by Pitt to be slaughtered on the coast of Morbihan, and who lately landed in Quiberon-Bay, are cut to pieces. The peace with Spain is refused by the Republic, that power would not consent to give up Louisiana and the Floridas—The day after the breaking up the negotiation, the Republicans gave battle to the Spaniards, and totally defeated them. This news may be depended on."
* On Mentz, the only remaining fortress of the Emperor, on the west side of the Rhine.
INDIAN NEGOTIATIONS.
The treaty concluded by General Wayne, has to it the signature of the Chiefs of all the Tribes and Nations lately at war with the United States. When the Treaty was concluded, presents were made to the Indians of goods to the amount of 20,000 dollars, and the Treaty stipulates, that the United States will pay them 8000 dollars annually.
On the 16th inst. the Commissioners appointed by the legislature of New-York, to treat with the Cayuga, Onondago, and Oneida Indians, completed their business. They have purchased from the Cayugas about 60,000 acres, and from the Onondagos their common right of the Salt Springs, and the lands adjoining.
Capt. West, from Brest, 67 days. Aug. 9, lat. 46, long. 18, spoke brig Elizabeth, Nye, of Boston, from Wilmington, for Bourdeaux. Aug. 19, lat. 47, long. 37, fell in with ship President Washington, of Boston. Isaac Col-
lins, master, in distress, had lost her rudder, &c. as mentioned in a late Chronicle, and after lying by her a short time, finding the pumps choked and seven feet water in the hold took off the Captain and people, and brought them in here. The ship was owned by Mr. John Brazier, of this town, the cargo by a gentleman in Georgia—She was underwritten in this town, cargo 30,000, and vessel 8000 dollars.
From BALTIMORE, Sept. 17.
Extract of a letter from a gentleman of this city, now at Bourdeaux, dated July the 9th.
"We arrived here the 2d inst. after a very agreeable, but very rough passage of 52 days, and are at present in perfect health. I am very much taken in with France, for it is a perfect garden, and every thing plentiful; we get beef here of the best for 5d per lb. and vegetables in proportion. American produce is very low here at present. My venture of shoes I intend to bring home again, for they cost me ten, I cannot get more than six shillings per pair for them. Pepper, cotton, indigo, hides, and sugar will not fetch half cost. We have here at present 150 sail of American vessels. I expect we shall be detained here for two months, before we can get safe for what we have.
"We see here at present, 5 women for 1 man. The assignats are depreciating very fast, 150 livers for one dollar."
From PHILADELPHIA, Sept. 19.
We hear, that a government vessel is arrived at Norfolk, from France—and that an express has arrived at Philadelphia with dispatches for the French Minister, which contain important Intelligence, viz. That all prospect of Peace with England and Spain had vanished, the terms contended for by those powers being deemed inadmissible on the part of France—That the Chouans had been repeatedly beaten, and that Mayence had surrendered.
The Courier Francois of yesterday morning says, that letters received from Hamburgh, state that the Republican army has passed the Rhine, and are in pursuit of Cobourg, who carries with him his famous army.—The last resource of the Emperor.—They took Mayence en passant.
The brig Rose, Capt Meany, arrived here this day, in 56 days from Hamburgh. By this vessel we learn that 9000 of the Emigrants who some time since landed in France from England, have been cut to pieces; that all Danish vessels in the British ports are detained there.
Advices received from Lisbon of a recent date, mention that 25 sail of large merchantmen were loaded there, with grain, bound for different ports of the United States, to come out under convoy of 3 or 4 frigates; in consequence of the high prices of flour and corn in America, they expected to make an excellent freight, besides the idea they held up there of this country being in a state of starvation. Wheat sold at 6/9 our currency, and corn at 3/6 per bushel at Lisbon the 16th July last.
FOR SALE, The Hull of a Ship
of 280 tons,
WITH masts, yards, tops, blocks and pumps, now on the stocks, and will be launched mid-December; she is of the best quality in every respect, as to workmanship, timber and plank, &c. &c. being completely seasoned, and built for particular use, by the subscriber. Timber was cut in December 1793, then laid 6 months in salt water, 6 months on the land, and flood 6 months in the frame before planking, with every beam, knee, &c. hewed out and seasoned, whales and upper works drove with locust trunnels. She will be a fair trial of the durability of New England timber, properly seasoned, for terms apply to the subscriber at Portsmouth. New-Hampshire, at which place the Ship may be viewed on the stocks.
THOMAS THOMPSON.
Sept. 27th, 1795.
For Philadelphia,
SLOOP Abi-
gail, Charles Blunt master, will sail in 8 days; for freight or passage, apply at William Seavey's store on Spring-Hill.
Portsmouth, Sept. 28.
Flax-Seed wanted.
Cash and the highest price given for
ELAX-SEED, by
Edward Parry, at his Store
In Market-Street, Portsmouth,
Where he has for sale
A large Assortment of
Fall and Winter Goods,
which he will sell cheap for cash.

JUST PUBLISHED By J. MELCHER, and for sale at his Printing-Office and BOOK-STORE, -Corner of Market-Street, Portsmouth, price 3/6 neatly bound and letter'd.
A Call to the Unconverted
to turn and live; And accept of mercy while mercy may be had; as ever they will find mercy, in the day of their extremity, from the living God.
By the late Rev. and Pious Mr. RICHARD BAXTER.
Extract from the Preface.
I shall also add Dr. Calamy's account of this treatise; his words are thus. "In 1657, Mr. Baxter published a Call to the Unconverted ; a book blessed by God with marvellous success, in reclaiming persons from their impieties. Twenty thousand of them were printed and dispersed in little more than a year. It was translated into French, and Dutch, and other European languages; and Mr. Elliot translated it into the Indian language; and Mr. Cotton Mather, in his life, gives an account of an Indian prince, who was so well affected with this book, that he sat reading it, with tears in his eyes, till he died."
Book-Sellers may be supplied with the above book in sheets, in exchange.
NOTICE is hereby given, that a tax of five dollars upon each original right or share of land in the township of Eaton, in the county of Strafford, and State of New-Hampshire, has been assessed and committed to me to collect; and unless the same is paid to me at my dwelling-house in said Eaton, within six weeks from the date of this advertisement, the lands of those who are then delinquent will be advertised for sale as the law directs.
JACOB BLASDEL, Prop'r's Collector. Eaton, Sept. 29, 1795.
FOR SALE
At the lowest price by
John P. Williams,
A FEW thousand good
Boards, a quantity of Shooks, with heading; R. O. Staves; a quantity of Butterin good shipping order; 2 bbls. Pork in good order; 40 or 50 quintals Pollock Fish; Wheat and Rye; good Vinegar; Rum pr. bhd. Sugar; Tea; Coffee; and also a small assortment of
English Goods,
which he will sell very low.
Cash given for Flax-Seed.
Portsmouth, Sept. 7.
State of New-Hampshire, Grafton, ff.
PURSUANT to an act of the General-Court, a tax of two pence per acre has been assessed on the lands of non-residents, in the town of Cockermouth, in said county, for making and repairing the highways in said town, and committed to the subscriber to collect (part of which town having been set off to the town of Hebron, since the passing of said act.) I therefore hereby notify all persons who are delinquent in paying said tax, that so much of the following lots will be sold at public vendue, at the house of the subscriber, on, Tuesday the 6th day of October next, at 10 of the clock in the forenoon, as will pay the taxes, and all cost, unless prevented by previous payment.
   John Hale, Esq. 5 8 3 100 0 16 8     Stephen Powers 4 8 3 100 0 16 8   Noah Thomson 2 2 3 50 0 8 4   Benj. Thomson 2 14 3 100 0 16 8   Jona. Lovjoy 9 13 3 100 0 16 8   M. Thomson 11 3 3 100 0 16 8   Phinehas Lovjoy 1 4 2 50 0 8 4   James M'Leilan 4 7 3 30 0 5 0   Lemuel Blackmore 3 8 3 36 0 6 0   Jona. Johnson 13 3 1 50 0 8 4   B. Wentworth 4 4 2 50 0 8 4   Daniel Lovjoy 6 9 3 100 0 16 8   William Tenny 10 1 1 45 0 7 6   Amos Phillips 4 3 2 44 0 7 4   John Alwell 4 5 1 50 0 8 4   Samuel Cutts 5 5 3 100 0 16 8   Amos Fisk 7 4 3 83 0 13 10   Ab'm Hunter, jr. 8 1 1 45 0 7 6   T. Wentworth 7 5 3 100 0 16 8   James Huit 15 3 3 100 0 16 8   Stephen Ames 3 3 2 50 0 8 4   R. C. Shannon 26 1 1 40 0 6 8   Tract of land between the 4 and 6 R. 2 div. 3 10 3 184 1 10 3   Vendue Lots, } Jacob Folger, } John Hale, 1 2 80 0 13 4   John Wentworth's farm, 100 0 16 8  
ISAAC CHINEY, jr. Collector. Cockermouth, Aug. 26, 1795.
Treasury of the United States,
August 24th, 1795.
NOTICE is hereby given to all persons who are or may be creditors of the United States, for any sums of the funded debt, or stock, bearing a present interest of six per centum per annum.
1st. That pursuant to an act of Congress, passed on the third day of March, 1795, intituled, "An act making further provision for the support of public credit, and for the redemption of the public debt," there will be reimbursed and redeemed, on the first day of January ensuing, the rate or proportion of two per centum of the principal of the debt or stock, expressed in the certificates issued to the said creditors respectively.
2d. The said reimbursements will be made at the Treasury of the United States, or at the Loan Offices where the said stock may stand credited at the close of the present year.
3d. The said reimbursements will be made to the said creditors in person, or to their attorneys duly constituted; but the powers of attorney which may be produced must contain an authority to receive the said reimbursement of principal, otherwise no more than the usual dividend of interest will be paid; and although the two per centum of principal to be redeemed, should not be demanded, yet the interest thereon will cease from the said first day of January next.
4th. To prevent the great trouble and expence which would attend a renewal of the certificates, in consequence of the said reimbursement of principal, it has been determined that no renewal shall be made: And further, that the certificates which may be issued during the year one thousand seven hundred and ninety-six, in consequence of any transfers of the said six per cent. stock, shall notwithstanding the reimbursement of two per centum, as aforementioned, be expressed for the respective sums of the original capital stock. All persons who may negotiate the funded six per cent. stock of the United States, bearing a present interest, are therefore cautioned to observe, that during the year one thousand seven hundred and ninety-six, the value or true amount of principal unredeemed of said debt or stock, will be ninety-eight per centum of the sums expressed in the certificates.
Given under my hand at Philadelphia, the day and year before mentioned, pursuant to directions of the Secretary of the Treasury.
SAMUEL MEREDITH, Treasurer of the United States.
To Robert Fletcher, Esq. one of the Justices of the Peace, in and for the county of Hillsborough, in the State of New-Hampshire.
WE the subscribers, owners and proprietors of more than one sixteenth part of the township of Morris-town, in the county of Grafton, in the State of New-Hampshire, owners of the rights, shares, and interests of the same, request you the said Justice to notify and call a meeting of said proprietors, to be held at the house of Dr. Samuel Curtis, in Amherst, on Thursday the 15th day of October next, at 5 of the clock in the afternoon, for the following purposes, viz. 1st. To choose a moderator of said meeting.
2d. To choose a proprietors clerk, assessors, treasurer, collector, and any other necessary officers.
3d. To see if the proprietors will vote to raise any sum or sums of money to defray the expenses heretofore incurred, in and about said township.
4th. To do and transact any other needful business relative to said proprietary.
JOHN TAYLOR, JOHN TAYLOR, jr.
Amherst, Aug. 21, 1795.
Pursuant to the foregoing request, the before named proprietors are hereby notified to meet at the time and place above mentioned, for the foregoing purposes.
R FLETCHER, Justice Peace. Dated at Amherst the 21st day of August, 1795.
Ozias Silsby
INFORMS his customers that their accounts will be ready for settlement by the first of October next, when he expects all who are indebted for this paper for more than one quarter will make immediate payment; and all who are indebted on other accounts will follow their laudable example. If the above is not complied with, he will in consequence, of their long standing, be necessitated to call for them in a way as disagreeable to himself as them.
NOTICE is hereby given to the non-resident proprietors and owners of land in the town of Fitzwilliam, in the county of Cheshire, who have not paid their taxes for the year 1794, that unless they pay said taxes to me the subscriber, on or before the 20th day of October next, so much of their land will be sold, as will pay the same, together with incidental charges, at public vendue, at the house of Lieut. Banani Shirtleff, innholder in Fitzwilliam, at 10 o'clock, A. M. on said day.
   No. R. s. d. q.    Abijah Warner, 4 1 0 5  Abijah Warner, 5 1 6 5  Jeremiah Steward, 1 2 6 5  Col. Stoddard, 2 2 6 5  Joshua Kindall, 3 2 3 2  Abijah Warner, 5 2 5 1  George Adams, 7 2 3 3  William Crane, 9 2 6 5  Joseph Bellows, 4 3 6 5  David Rice, 9 3 3 5  Levi Wilder, 12 3 6 1  Matthew Osborn, 10 5 6 4  Samson Stoddard, 8 5 4 10  Samuel Stone, 13 5 0 2  Joel Mellen, 14 5 1 4  Benjamin Davison, 15 5 1 1  Lieut. Payson, 8 5 3 7  James Stone, 8 6 4 0  Jonathan Cutter, 4 6 5 3  Matthew Osborn, 9 6 6 5  Joel Haydon, 10 6 3 2  Col. Reed, 14 6 3 7  Col. Reed, 15 6 5 1  Ebenezer Wright, 16 6 2 2  Levi Wilder, 4 6 6 5  James Reed, 19 7 5 9  Capt. Fay, 14 7 0 8  Jesse Forristall, 1 7 6 5  Ebenezer Cutter, 4 7 6 5  John Farrar, 23 7 5 2  Jesse Forristall, 4 8 2 2  Artimus Wilson, 6 8 6 5  Artimus Wilson, 7 8 6 5  Nathaniel Wilson, 3 9 0 4  Nathaniel Wilson, 4 9 1 0  David Rice, 11 9 6 5  Lieut. Wallis, 15 9 6 5  White and Nurse, 20 9 6 5  Nehemiah Munro, 1 10 6 5  Nehemiah Munro, 2 10 3 2  Micah Sweetser, 4 10 2 2  Simeon Perry, 6 10 6 5  Jonas Gary, 7 10 6 5  Levi Wilder, 15 10 6 5  W'm Bruce and others, 20 10 6 5  Ezekiel White, 21 10 6 5  Isaac Jackson, jun. 19 10 0 9  Abner Stone, 11 11 6 5  Col. Stoddard, 12 11 6 5  John Godding, 21 11 6 3  John Swetland, 22 11 2 10  Joel Whiteney, 6 12 6 5  Col. Stoddard, 22 12 6 5  Atten Grant, 7 12 6 5  Silas Anger, jun. 8 7 2 8  Agabus Bishop, 18 12 5 3  
DANIEL FARRAR, Collector. Fitzwilliam, Sept. 3, 1795.
FOR SALE,
A lot of Land in Portsmouth,
NOT far from the Court House, with a large house thereon, formerly the Mansion of Capt. Zacariah Foss, deceased, and improved by him as a public inn; having ten rooms and chambers with fire places, and two without, two kitchens, and two ovens, and may be contrived to accommodate three distinct families; or if any person from the country would wish to live in town for the accommodation of his friends, it might be fitted for that purpose. It is now improved by respectable families, and yields a large interest for the sum for which it will be sold. The terms will be made easy, for which inquire of the Printer.
Sept. 14, 1795.
TO BE LET,
THE Store of the late
Mr. Allcock. - Also, to be sold, and removed, two small buildings, on the wharf; for further particulars apply to Mrs. ANN ALLCOCK.
Sept. 14, 1795.
TO BE SOLD,
A good Farm in Deerfield,
OPPOSITE pleasant pond, on the main road that leads from Gilmanstown to Portsmouth, Newbury and Haverhill; containing about 70 acres, with about 300 apple trees; well-wooded and watered, good buildings. For further particulars inquire of me the subscriber, living on said farm.
MOSES STEVENS.
TO BE SOLD At Public Auction,
By virtue of a licence from the Judge of Probate, for the county of Rockingham, on Thursday the 29th day of October next, at the house of Mr. John Greenleaf, innholder in Portsmouth, the following parcels of land belonging to the estate of Thomas Packer, Esq. late of Portsmouth, deceased, to wit.
In Sullivan.
 No. 1, in the 10th range.  No. 1, in the 9th range, containing 100 acres.  No. 2, in the 9th range.  No. 2, in the 12th range, containing about 40 acres. 
In Packersfield.
 No. 5, in the 2d range, containing 55 acres.  No. 2, in the 3d range.  No. 1, in the 4th range, } containing 100  No. 2, in the 4th range. } acres each. 
And also about 20 acres of excellent Pasture land, in Portsmouth, within a mile of the center of the town. Greenland, Sept. 21, 1795.
For Sale, Freight or Charter.
 A NEW Ship, burthened 230 tons, now lying at Partridge's wharf; for further particulars inquire of THOMAS MANNING, Portsmouth.
Mysteries of Udolpho!
JUST PUBLISHED, In 3 vols. 12 mo. and for sale by J. MELCHER, at his Printing-Office and Book-Store, in Market-Street, Portsmouth.
THAT justly celebrated and much admired work, The Mysteries of Udolpho, a Romance, interspersed with some pieces of poetry. By Mrs. Ann Radcliffe, authoress of Romance of the Forest, a Sicilian Romance, &c.
Extract from the Critical Review. "All who have read the Romance of the Forest, will immediately find the present production comes from the same hand. The same powers of description are displayed, the same predilection is discovered for the wonderful and the gloomy—curiosity is kept upon the stretch from page to page, and from volume to volume, and the secret, which the reader thinks himself every instant on the point of penetrating, flies like a phantom before him, and eludes his eagerness until the very last moment of protracted expectation. In this contest of curiosity on one side, and invention on the other, Mrs. Radcliffe has certainly the advantage. These volumes are interspersed with many pieces of poetry, some beautiful and all pleasing."
Also lately published, And for sale at the above place, by the thousand, hundred, dozen and retail, bound and in sheets, very cheap;
DIVINE HYMNS
OR
SPIRITUAL SONGS
for the use of RELIGIOUS ASSEMBLIES AND Private Christians, being a collection, By JOSHUA SMITH & SAMUEL SLEEPER, A new Edition corrected and enlarged.
WOOLENS;
WHOLESALE.
Matthew S. Marsh
Has just received from LIVERPOOL, A good assortment of
Broad & narrow Cloths; Baizes; Blankets, &c. which are for sale at a low advance.
Cash for Pot-Ashe.
WANTED, a few tons POT-ASHE, for which cash will be given by WILLIAM STANWOOD, jr. Market-Street, Portsmouth.
English Goods
as usual, cheap for cash. Sept. 26, 1795.
WANTED To hire in this town,
A Young Man that can be recommended. Inquire of the Printer.
September 28.