The New-Hampshire gazette and general advertiser (Portsmouth [N.H.]), 1789-12-30 00:00:00

New - Hampshire Gazette, and the General Advertiser.
Containing the Laws, &amp;c. of the United States, as well as those of this State passed since 1787, with a variety of other matters both useful and entertaining.
PORTSMOUTH: Printed by JOHN MELCHER, at his Office in Congress-Street, at nine shillings per Annum.
NINETEENTH ACT OF CONGRESS.
An Act for allowing a Compensation to the President and Vice-President of the United States.
B E it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be allowed to the President of the United States, at the rate of twenty-five thousand dollars, with the use of the furniture and other effects, now in his possession, belonging to the United States; and to the Vice-President, at the rate of five thousand dollars per annum, in full compensation for their respective services, to commence with the time of entering on the duties of their offices respectively, and to continue so long as they shall remain in office, and to be paid quarterly out of the Treasury of the United States.
FREDERICK A. MUHLENBURG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States and President of the Senate.
Approved—Sept. 24th, 1789.
GEORGE WASHINGTON,
President of the United States.
TWENTIETH ACT OF CONGRESS.
An Act to establish the Judicial Courts of the United States.
B E it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Supreme Court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.
And be it further enacted, That the United States shall be, and they hereby are divided into thirteen districts, to be limited and called as follows, to wit, one to consist of that part of the State of Massachusetts which lies easterly of the State of New-Hampshire, and to be called Main district; one to consist of the State of New-Hampshire, and to be called New-Hampshire district; one to consist of the remaining part of the State of Massachusetts, and to be called Massachusetts district; one to consist of the State of Connecticut, and to be called Connecticut district; one to consist of the State of New-York, and to be called New-York district; one to consist of the State of New-Jersey, and to be called New-Jersey district; one to consist of the State of Pennsylvania, and to be called Pennsylvania district; one to consist of the State of Delaware, and to be called Delaware district; one to consist of the State of Maryland, and to be called Maryland district; one to consist of the State of Virginia, except that part called the district of Kentucky, and to be called Virginia district; one to consist of the remaining part of the State of Virginia, and to be called Kentucky district; one to consist of the State of South-Carolina, and to be called South-Carolina district; and one to consist of the State of Georgia, and to be called Georgia district.
And be it further enacted, That there be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and he shall be called a district judge, and shall hold annually four sessions, the first of which to commence as follows, to wit, in the districts of New-York and of New-
Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware, on the fourth Tuesdays of November next; in the districts of Massachusetts, of Main and of Maryland, on the first; in the district of Georgia on the second, and in the districts of New-Hampshire, of Virginia and Kentucky, on the third Tuesdays of December next; and the other three sessions progressively in the respective districts on the like Tuesdays of every third calendar month afterwards, and in the district of South-Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday of December of each and every year, commencing in December next; and that the district judge shall have power to hold special courts at his discretion. That the stated district court shall be held at the places following, to wit, in the district of Main, at Portland and Pownalborough alternately, beginning at the first; in the district of New-Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first; in the district of Connecticut, alternately at Hartford and New-Haven, beginning at the first; in the district of New-York, at New-York; in the district of New-Jersey, alternately at New-Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and York-Town alternately, beginning at the first; in the district of Delaware, alternately at New-Castle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburg, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South-Carolina, at Charleston; in the district of Georgia, alternately at Savannah and Augusta, beginning at the first; and that the special courts shall be held at the same place in each district as the stated courts, or in districts that have two at either of them, in the discretion of the judge, or at such other place in the district, as the nature of the business and his discretion shall direct. And that in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint.
And be it further enacted, That the beforementioned districts, except those of Main and Kentucky, shall be divided into three circuits, and be called the eastern, the middle and the southern circuit. That the eastern circuit shall consist of the districts of New-Hampshire, Massachusetts, Connecticut and New-York; that the middle circuit shall consist of the districts of New-Jersey, Pennsylvania, Delaware, Maryland and Virginia; and that the southern circuit shall consist of the districts of South-Carolina and Georgia, and that there shall be held annually in each district of said circuits, two courts, which shall be called circuit courts, and shall consist of any two justices of the Supreme Court, and the district judge of such districts, any two of whom shall constitute a quorum: Provided, That no district judge shall give a vote in any case of appeal or error from his own decision; but may assign the reasons of such his decision.
And be it further enacted, That the first session of the said circuit court in the several districts shall commence at the times following, to wit, in New-Jersey on the second, in New-York on the fourth, in Pennsylvania on the eleventh, in Connecticut on the twenty-second, and in Delaware on the twenty-seventh days of
April next; in Massachusetts on the third, in Maryland on the seventh, in South-Carolina on the twelfth, in New-Hampshire on the twentieth, in Virginia on the twenty-second, and in Georgia on the twenty-eighth days of May next, and the subsequent sessions in the respective districts on the like days of every six calendar months afterwards, except in South-Carolina, where the session of the said court shall commence on the first, and in Georgia where it shall commence on the seventeenth day of October, and except when any of those days shall happen on a Sunday, and then the sessions shall commence on the next day following. And the sessions of the said circuit court shall be held in the district of New-Hampshire at Portsmouth and Exeter alternately, beginning at the first; in the district of Massachusetts, at Boston; in the district of Connecticut alternately at Hartford and New-Haven, beginning at the last; in the district of New-York, alternately at New-York and Albany, beginning at the first; in the district of New-Jersey, at Trenton; in the district of Pennsylvania, alternately at Philadelphia and York-Town, beginning at the first; in the district of Delaware alternately at New-Castle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburg, beginning at the first; in the district of South-Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall have power to hold special sessions for the trial of criminal causes at any other time at their discretion, or at the discretion of the supreme court.
And be it further enacted, That the supreme court may, by any one or more of its justices being present, be adjourned from day to day until a quorum be convened; and that a circuit court may also be adjourned from day to day by any one of its judges, or if none are present by the marshal of the district until a quorum be convened; and that a district court case of the inability of the judge to attend at the commencement of a session, may by virtue of a written order from the said judge directed to the marshal of the district be adjourned by the said marshal to such day, antecedent to the next stated session of the said courts, as in the said order shall be appointed, and in case of the death of the said judge, and his vacancy not being supplied, all proceedings, pleadings and proceedings of what nature soever, pending before the said court, shall be continued of course until the next stated session after the appointment and acceptance of the office by his successor.
And be it enacted, That the supreme court, and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit, "I A. B. being appointed clerk of—, do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties (to be approved of by the su-
preme and district courts respectively) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk.
And be it further enacted, That the justices of the supreme courts and the district judges before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit, "I A. B. do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as—, according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God."
And be it further enacted, That the district courts shall have exclusively of the courts of the several States, cognizance of all crimes and offences that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishments than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it: And shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several States, the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States. And shall also have cognizance, concurrent as last mentioned, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several States, of all suits against consuls or vice-consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all cases, except civil causes of admiralty and maritime jurisdiction, shall be by jury.
And be it further enacted, That the district court in Kentucky district shall, besides the jurisdiction aforesaid, have jurisdiction of all other causes except of appeals and writs of error, hereinafter made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court, and writs of error and appeals shall lie from decisions therein to the supreme court in the same causes, as from a circuit court to a supreme court, and under the same regulations. —And the district court in Main district, shall besides the jurisdiction herein before granted, have jurisdiction of all causes, except of appeals and writs of error herein after made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court: And writs of error shall lie from decisions therein to the circuit court in the district of Massachusetts, in the same manner as from other district courts to their respective circuit courts.

And be it further enacted , That the circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suits is between a citizen of the State where the suit is brought, and a citizen of another State. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes, and offences cognizable therein. But no person shall be arrested in one district for trial in another, in any civil action before a circuit or district court: And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he may be found at the time of serving the writ, nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other cause in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions herein after provided.
And be it further enacted , That if a suit be commenced in any State court, against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State, and the matter in dispute exceeds the aforementioned sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court; and the defendant shall, at the time of entering his appearance in such State court, file a petition for the removal of the cause for trial into the next circuit court, to be held in the district where the suit is pending, or if in the district of Main to the district court next to be holden therein, or if in Kentucky district to the district court next to be holden therein, and offer good and sufficient surety for his entering into such court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the State court to accept the surety, and proceed no further in the cause, and any bail that may have been originally taken shall be discharged, and the said copies being entered as aforesaid, in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer the final judgment, had it been rendered by the court in which the suit commenced. And if in any action commenced in a State court, the title of land be concerned, and the parties are citizens of the same state, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court and make affidavit if they require it, that he claims and shall rely upon a right or title to the land, under a grant from a State, other than that in which the suit is pending, and produce the original grant or an exemplification of it, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court, whether he claims a right or title to the land under a grant from the State in which the suit is pending; the said adverse party shall give such information, or otherwise not be allowed to plead such grant, or give it
in evidence upon the trial, and if he informs that he does claim under such grant, the party claiming under the grant first mentioned, may then, on motion, remove the cause for trial to the next circuit court to be holden in such district, or if in the district of Main, to the court next to be holden therein; or if in Kentucky district, to the district court next to be holden therein; but if he is the defendant, shall do it under the same regulations as in the beforementioned case of the removal of the cause into such court by an alien: And neither party removing the cause, shall be allowed to plead or give evidence of any other title than that by him stated as aforesaid, as the ground of his claim. And the trial of issues in fact in the circuit courts shall, in all suits, except those of equity, and of admiralty, and maritime jurisdiction, be by jury.
And be it further enacted , That the supreme court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens; and except also between a State and citizens of other States, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul, shall be a party. And the trial of issues in fact in the supreme court, in all actions at law against citizens of the United States, shall be by jury. The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several States, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
And be it further enacted , That all the beforementioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. And that either of the justices, of the supreme court as well as judges of the district courts, shall have power to grant writs of habeas corpus for the purpose of an enquiry into the cause of committment.—Provided, that writs of habeas corpus, shall in no case extend to prisoners in goal, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
And be it further enacted , That all the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery: And if a plaintiff shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively on motion, to give the like judgment for the defendant as in cases of non suit, and if a defendant shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively, on motion as aforesaid, to give judgment against him or her by default.
And be it further enacted , That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
(To be continued.)
PARIS, Oct. 21.
Martial law was this day proclaimed in all the streets in Paris. The people are desired by proclamation from the Mayor to illuminate every night till further orders; and another proclamation offers reward from 12, 10, to 2000 livres, for information against any one on whom it can be proved, that he has in any way contributed to the present disturbances, or is concerned in plots against the liberty and safety of the Government.
LONDON, October 17.
It was reported and believed at Paris, when the last courier left there, that the king of Sardinia was marching 15,000 men, in three divisions, towards the frontiers of France, which are to be joined by more from other quarters.
Oct. 28. No less than 200,000 families are said to have quitted France on account of her present distracted state; and as the exiles in general were those possessed of the greatest property, they are calculated to have drained the nation of fifty millions of money.
A lock of hair has recently been imported from Armenia, by an eminent dealer in that article, at the west end of the town. It is of a most beautiful colour, and is above five feet in length, and is valued at the moderate sum of eighty guineas!
One of the French Journals asserts, that the flame of liberty has burst out in Spain:—that a mob of armed men demanded the heads of six Inquisitors, who prevented the publication of patriotic writings; and that 6000 troops were ordered to quell the tumults, 2000 of which came over to the people, and the rest would not act. We deliver this on the testimony of the Journal, but we know nothing ourselves of the truth of it.
A Pam.—Two of the Tier Etat lately conversing upon the danger of the popular frenzy in France, one of them observed, that it was wonderful that the King had escaped without a broken head. "Escaped! said the other, they have cracked his crown, and that is partly the same thing."
We can assure our readers that since the Emperor's return to Vienna, Sir Robert Murray Keith, our Envoy Extraordinary and Plenipotentiary to that Court, has actually proposed to Prince Kaunitz, terms of accommodation between the Imperial Allies on the one hand, and the Port on the other.
Sir Robert M. Keith proposed as a preliminary article a cessation of hostilities for six months, during which time he said his Court would communicate the terms to the Porte, and support them with all his influence and weight.
But the face of affairs having undergone a change since the fall of Belgrade, Prince Kaunitz told Sir Robert, that he made no doubt but that as soon as the Court of St. James's should have been informed of that event, it would not think the proposed terms such as the Emperor and Empress ought to entertain in the then state of affairs.
The affairs of the principality of Liege have taken such a turn, that it is now thought the Circles of Westphalia and the Upper Rhine must interfere in them. The first interference will be by an admonitory mandate; the next should the favour not be attended with the desired effect, will be by force of arms.
The loss of Belgrade would be a circumstance of the highest moment to the Turkish Empire, and perhaps totally destructive of it, as there is nothing now in the way to prevent the German forces from marching up to the very gates of Constantinople. But the near approach of winter will afford time for negotiation, and the intervention of some of the first of the European Powers will doubtless save the Ottomans from that destruction which seems impending over them.
The Imperial armies have in three weeks obtained five important victories, made themselves masters with little bloodshed, of a fortress deemed almost impregnable, the key of European Turkey on the German frontiers, and reduced the provinces of Bessabaria, Wallachia, Bosna, and Servia: and there is not a strong fortress, nor a powerful army to stop their progress to Constantinople.
Perhaps, early in the next campaign, Laudohn may at the gates of that capital, dictate peace; and the Porte may be compelled, by the cession of its European territories, to purchase the safety of its Asiatic empire.
It were superfluous to declaim on the danger which must arise to the system of Europe from these events. The present is the moment, when its equilibrium is to be preserved.
A Gentleman who arrived from Paris two days ago, informs us, that matters are in a most distracted state there, great jealousies and disagreements having arisen among the leading men in the late revolution. Count Lally de Tollendal, Mons. Mounier, and 130 other members of the National Assembly, went off at once from Paris last Saturday fortnight. Among them were the coolest heads, and best disposed hearts for settling a firm and free constitution. It is supposed they have left the country. The party that remain are not likely to do much good, being chiefly led by factious Demagogues, who having neither principle or property to bias their actions, are not the men to be depended on for putting public good in such a state of confusion.
A general peace in the spring depends on the active interference of England and Prussia. These powers cannot with indifference see the Turks demolished by the Imperial Courts; and if they declare themselves with boldness the present conquerors must submit; for, exhausted as they are, they cannot stand against the powerful arms of Prussia, seconded by England, especially as there is not a kingdom in Europe, who is not interested in opposing their success.
It is reported, that it is feared in France that there is some foundation for the report, that Spain, Naples, Rome and Tuscany, mean to exclude the French from the Levant trade, and offer it to the English. This would be as advantageous to us, as it would be injurious to France, by whom the Levant trade has been some years back in a manner engraved.
By a letter from Paris, dated 24th of October, eleven o'clock, we are informed, that a little after one that morning, the Life of Mons. de la Fayette was attempted, on his return from a visit to Mons. Necker, by an assassin, who plunged a bayonet into his carriage.
AUGUSTA, [Georgia] Oct. 17.
Colonel Irwin, of Washington county, has informed government, that Mr. Jaffold had removed from this place near Long Boff on the 30th ult. when it was found that the treaty had failed—That the Indians had returned, and crossed over on this side the Oconee, and on the 5th inst. burnt his house, and carried off some corn. The people at Capt. Kemp's fort being alarmed at this, and there appearing much sign in the neighbourhood, they evacuated it on the 9th, and the Indians burnt it on the 10th. The Colonel further represents, that the people are much in perplexity, between the danger to which their families are exposed, and the importance of saving their little corps, what steps to take.
BRADFORD.
State of New-Hampshire.
NOTICE is hereby given to the owners of land in Bradford, that the selectmen of said town have assessed their lands agreeable to an act of the Hon. General Court of the State aforesaid, passed January 1789, for levying one penny annually for three years next following on each acre of land in said town, (excepting that part of the town which was taken off from Washington) therefore unless they pay the same to the selectmen of said town, on or before the 5th day of March next, so much of their land as will pay the same together with incidental charges will be sold at public vendue at ten o'clock, A.M. on said day at the dwelling-house of Ebenezer Eaton in said town.
    No.  S.  d.      Thomas Packer  71  8  4    Ditto  53  8  4    Ditto  58  8  4    Ditto  73  8  4    Solly and March  74  8  4    EBENEZER EATON, } Selectmen.       ISAAC DAVIS, }        Bradford, December 24, 1789. (6w.)

CHARLESTON, [S. C.] Nov. 24.
At a naval review held at Weymouth, for the amusement of their Majesties of England, and the female part of their family, the King being rather inclined to give a gratuity to the sailors on board of the ship where he was entertained, but considering that the sailors were very numerous, and even at one shilling each, it would greatly impoverish the royal coffer, thought fit to change the intended pecuniary favour to a spiritual one, and most graciously ordered divine service to be performed! This princely gift was received with all the pious gratitude that might have been expected. One of the tars, to shew his sense of the princely blessing, sounded aloud on the forecastle—"Ho! all hands to prayers and be damned!"
The drought which has so parched the surface of this State, exceeds in its continuance any other known by old citizens. Numberless brooks and springs are entirely dried up, and the exhausted, thirsty traveller is frequently obliged to go some miles out of his road before he is able to procure the refreshment of a drink of water.
PROVIDENCE, Dec. 12. LAKE ONTARIO.
The waters in Lake Ontario have from their continual advances, alarmed the inhabitants around its borders to a great degree. Several buildings which stood at a convenient distance from its ancient boundaries, now stand seven feet in the water. All the low meadows made around it, are now part of the Lake, and roads where cattle, horses and men travelled eighteen months ago, now only passable for boats. The last information is from a man of integrity who receives letters from his son at Niagara upon this subject. In his last letter he informed him, that a brew-house which stood on the bank of the Lake is now rendered useless, from its second story being under water.
It is supposed that the waters of Lake Erie (which lie near three hundred feet above those of Ontario) have found a passage among the rock, under ground to the Lake of Ontario, if this should be the case, the waters of Ontario will raise to a level with those of Lake Erie.
PHILADELPHIA, December 10.
The General Assembly of this Commonwealth adjourned yesterday morning, to meet at the State-House in this city on the first Tuesday in February next.
Yesterday forenoon the Convention for altering and amending the Constitution of this State, in a committee of the whole, reported, That the Legislative department should consist of two branches—
That the Executive should be vested in a single person, under proper restrictions—
That the Supreme Executive Power should have a qualified negative upon the Legislature; and that the Declaration of Rights requires alteration and amendments, so as that the rights reserved from the general powers of government may be more accurately defined and secured.
NEW-YORK, December 10.
A gentleman who arrived at Albany last week from Canada, informs that 13 ships, from 3 to 600 tons, lately arrived at Quebeck, from Great Britain, loaded with flour, wheat and peas; That the markets are thereby greatly overstocked—and that flour is now selling at two dollars and an half per cwt. and wheat at four fifths of a dollar per bushel.
About six o'clock on Thursday morning the 19th ult. a small shock of an earthquake was felt in Frederickburgh, Virginia.
Extract of a letter from Cape-Francois, dated Oct. 17.
"Our market is much glutted with flour, for which there is no sale; no offer of more than six dollars is made—2500 barrels have arrived within three days, from Philadelphia, Baltimore and Wilmington. I would be willing to sell off at some loss, but cannot without making a sacrifice. Almost all the stores in town are full, and there seems to be no end to its coming in."
Dec. 19. We hear that on Tuesday last the cargo of the sloop Betsey, John Ingraham, master, from New-London, was seized by the collector of this district, in conformity to the 29th section to the
act for regulating the coasting trade. A hoghead of Rum and some other articles being found on board, which had been inserted on the Manifest after it had been sworn to, and certified by the Collector at New-London,
NEW-LONDON, December 25.
Saturday evening the 19th inst. the Schooner—, M c Pharlee, master, bound from New-York to Shelburne, laden with provisions and dry goods, ran on Branford reef. Vessel and cargo lost, and all on board, eight men and one woman perished.
BOSTON, December 24.
We hear that Major-General Samuel H. Parsons, Esq. Judge for the Western Territory of the United States (formerly of Middletown, Connecticut) was accidentally drowned in the River Ohio, some time in November last.
A correspondent would hint to the holders of public securities, both Continental and State, the impropriety of parting with them for a SONG, as they rise rapidly every day.
Another correspondent mentions that a gentleman in this town has very lately received twenty thousand pounds sterling from a Merchant in London, for the purpose of purchasing public Securities.
The Hon. THOMAS JEFFERSON, Esq. Secretary of State, to the United States of America; and late Minister Plenipotentiary to the Court of France, is arrived at Virginia, from Europe—and is expected shortly at New-York, to take upon him the duties of his office.
The Loan-Office of this State has given notice to the holders of Public Securities of the United States, that the issuing of Indents of interest will cease on the 1st January, 1790.
The trade of New-York must be greatly productive to the Federal Treasury. In the week, beginning Dec. 2. and ending Dec. 9. five Ships, one Snow, eight Bigs, eleven Schooners, and nine Sloops, arrived there. In all 34. Extract of a letter from London, dated November 17.
"It is currently reported, and credited here, that the National Assembly of France have come to a Resolution to request the King to require of the United States of America a supply of Flour—and that Agents for that purpose have been sent to America."
Notwithstanding the scarcity of Flour in old France, the French West-India islands are glutted with this article—where superfine Flour is sold at 6 dollars per barrel.
Dec. 28. In South-Kingstown were born 20 children, to one man, by two wives, 16 of whom survived 70 years, 6 of them were about a month since, and probably are now living, whose ages together, by the best accounts, exceeds 520, the oldest of them (who hath a child living by a third wife of 5 or 6 years of age) is in the 97th year, and the youngest in the 77th.
SHIP NEWS.
The John and Ann, from Boston to Havre-de-Grace, was carried into Dover, on Sunday the 15th November, in great distress, having lost her boats, pumps, &c. and otherwise much damaged—only two men able to keep the decks.
Capt. M c Clintock, in the Jenny, arrived at Philadelphia from Curacoa, on the 28th ult. in lat. 47, off Cape-Henry, fell in with a New-England built Schooner, her main sail partly hoisted, the peak downhaul lasped to the boom, and the boom lasped to the crotch, lying too with head to the north, appeared perfectly dry—no person nor boat on board, the cables coiled on the main hatch. Capt. M c Clintock supposes she had been drove on shore in a gale of wind, that the crew left her, and the wind shifting had drove her off again.
Arrived last Friday, sloop Sally, Capt. Campbell, in 16 days from Martinique. Left there, Captains Smith, Orr and Wyatt, of Boston; Stone of Salem; David Lowe and Saunders of Cape-Ann; Robert Snow of Pemaquid; Capt. Noyes of Newbury sailed two days before Capt. Campbell for Trinidad.
A POLITICAL MAXIM.
"FEW people will venture upon a new experiment; and amidst the general prejudices of a country, fewer still are capable of making it with fairness."
PORTSMOUTH, December 30.
SKETCH of the Proceedings of the Legislature of this State.
MESSAGE of His Excellency the President of this State.
Gentlemen of the Hon. Senate and House of Representatives;
IT affords me the highest pleasure, to meet you again in Assembly to advise and consult with you upon the affairs of the State at a time when so many important matters will fall under your consideration. The public papers received since the last session, will be laid before you by the Secretary, and among them, you will find many acts and resolves of Congress which will require your deliberations; among others, it is of consequence to consider of the proposal of the Federal Government, to take under their care the support of the Light-House upon the conditions therein mentioned, and determine what territory, and whether any shall be ceded to the United States: Also to consider upon expediency of passing a law impowering the United States to confine their prisoners in the prisons of this State.
Perhaps it may be thought worthy of your attention to take under consideration the present Excise Act, and determine how long it ought to be continued: And whether the duties may not be lessened, on account of the impost now drawn by the United States.
It may be of importance to have an inquiry, whether any of the existing laws of the State, militate with, or are repugnant to the laws of the United States, or the constitution of the Federal Government.
The amendments proposed by Congress to the constitution of the United States, cannot fail of being considered and determined upon as early as the nature of the business before you will admit. Some other matters of importance will from time to time, as they may be in readiness, be communicated by private messages.
This being the season for granting the supplies of the present year, that object cannot pass unnoticed.
Gentlemen,
I recommend to you unanimity and dispatch, and beg leave to assure you, that I shall be happy in joining with you to promote and carry into execution all those measures which may tend to advance the good of our common country.
Given at the Council Chamber in Portsmouth, the 23rd day of Dec. 1789.
JOHN SULLIVAN.
SATURDAY, December 26.
UPON reading and considering the petition of Stephen Herriman, Esq. and others, inhabitants of Hopkinton, it was voted that the petitioners be heard thereon before the General Court on the second Tuesday of the next session, they notifying the selectmen of Hopkinton, in the mean time, to appear and shew cause why the prayer thereof should not be granted.
The following vote was brought down from the Hon. Senate for concurrence:
In SENATE, December 25, 1789.
Voted, That Josiah Gilman, jun'r Esq. Nathaniel Parker and Nathaniel Gilman, Esq rs be a committee to examine in the several offices of this State for proper vouchers to authenticate the accounts of this State against the United States, and furnish John Taylor Gilman, Esq. one of the Commissioners, with them.
This vote, after being read, was concurred with this amendment, "that Nathaniel Parker and Nathaniel Gilman, Esq rs be the committee."
Voted, That this House join in a conference with the Hon. Senate (if they see fit) as soon as conveniently may be, on the subject "whether His Excellency President SULLIVAN can constitutionally continue in the Chair of Government while he holds the office of District Judge." (To be continued.)
By accounts from Rhode-Island, we learn that the State will in all probability, speedily adopt the Federal Constitution.
E P I T A P H.
ON MR. JARVIS AIR.
BENEATH this tomb of marble fair, Here lies the corpe of Jarvis Air— —Methinks 'tis a surprising death, That Air should die for want of Breath.
A Serious call!
NOTWITHSTANDING it is the custom of Printers in other places to close their accounts with their customers once in the year, and in addition to the balance, receive at least six months advance money for papers; the Printer hereof has (to his great disadvantage) given his customers a much longer indulgence, and repeatedly called on them in the mildest way possible for payment, and has received only from most part "call again," "I will settle soon," &c. &c. &c. which will neither satisfy the Paper-maker, the Butcher nor the Doctor, they say they will have payment:—he therefore requests all persons indebted to him for Newspapers, Advertisements, &c. to make payment up to January 1790, to which time he assures them he must have their accounts balanced.—To those who have been punctual in making their payments he tenders his most grateful thanks and assures them he shall always use his utmost exertions to merit a continuance of their favors.
The public and his customers are informed that he has reduced the price of advertising to a very low rate, that for ready cash he is determined to execute them, and every order in his line of business at the most reduced prices with punctuality and dispatch, at his office, where are constantly kept for sale a general assortment of BLANKS.
WHEREAS lands in the town of Washington, belonging to the heirs of Thomas Wallingsford, Esq. were assessed for the year 1786, the several sums hereafter mentioned, but have not been paid according to promise, therefore, unless the following taxes, together with incidental charges are paid to me the subscriber on or before the 15th day of March next, so much of the land as will pay the same will then be sold at public vendue at the dwelling-house of the subscriber at 3 o'clock, P. M.
   Lot. R. D. Acres. s. d. d. d. S. C. C. Car. Inf. s. d.     1 2 2 212 1 10 3/4 8 8 3 9   3 2 1 260 2 3 3/4 10 10 4 7   S. Specie. Co'ty. Highway   1 2 1 212 1 0 6 0 17 8   3 2 1 260 1 3 7 1/2 1 1 8    EBENEZER JACQUITH, Collector. Washington, December 17, 1789.
HOPKINTON.
State of New-Hampshire.
NOTICE is hereby given to the non-resident proprietors or owners of land in Hopkinton, who have not paid their taxes for the year 1787, that unless they pay said taxes to me the subscriber on or before the 11th of February, 1790, so much of their land as will pay the same together with incidental charges, will be sold at public vendue at the dwelling-house of Jeremiah Emerson, inn-holder in said town, at 10 o'clock A. M.
   Lot. R. D. Acres. Lots on the south of Contoocook Specie. Indents. Car. Inf. C. d. d. d. d. d. d.   Mr. Ac. s. d. q. s.     1 1 1 100 9 100 1 2 0 0 8 1 0 2   2 1 1 100 7 100 1 1 2 0 1 0 0 2   3 1 1 100 10 120 0 8 2 0 5 2 0 4   4 1 1 100 11 120 1 5 0 0 10 2 0 1   5 1 1 100 7 349 1 10 4 0 6 4 2 2   6 1 1 100 0 100 0 9 6 3 5 10 3 1   7 1 1 100 0 100 0 9 6 3 5 10 3 1   8 1 1 100 0 100 0 9 6 3 5 10 3 1   9 1 1 100 0 100 0 9 6 3 5 10 3 1   10 1 1 100 0 100 0 9 6 3 5 10 3 1   11 1 1 100 0 100 0 9 6 3 5 10 3 1   12 1 1 100 0 100 0 9 6 3 5 10 3 1   13 1 1 100 0 100 0 9 6 3 5 10 3 1   14 1 1 100 0 100 0 9 6 3 5 10 3 1   15 1 1 100 0 100 0 9 6 3 5 10 3 1   16 1 1 100 0 100 0 9 6 3 5 10 3 1   17 1 1 100 0 100 0 9 6 3 5 10 3 1   18 1 1 100 0 100 0 9 6 3 5 10 3 1   19 1 1 100 0 100 0 9 6 3 5 10 3 1   20 1 1 100 0 100 0 9 6 3 5 10 3 1   21 1 1 100 0 100 0 9 6 3 5 10 3 1   22 1 1 100 0 100 0 9 6 3 5 10 3 1   23 1 1 100 0 100 0 9 6 3 5 10 3 1   24 1 1 100 0 100 0 9 6 3 5 10 3 1   25 1 1 100 0 100 0 9 6 3 5 10 3 1   26 1 1 100 0 100 0 9 6 3 5 10 3 1   27 1 1 100 0 100 0 9 6 3 5 10 3 1   28 1 1 100 0 100 0 9 6 3 5 10 3 1   29 1 1 100 0 100 0 9 6 3 5 10 3 1   30 1 1 100 0 100 0 9 6 3 5 10 3 1   31 1 1 100 0 100 0 9 6 3 5 10 3 1   32 1 1 100 0 100 0 9 6 3 5 10 3 1   33 1 1 100 0 100 0 9 6 3 5 10 3 1   34 1 1 100 0 100 0 9 6 3 5 10 3 1   35 1 1 100 0 100 0 9 6 3 5 10 3 1   36 1 1 100 0 100 0 9 6 3 5 10 3 1   37 1 1 100 0 100 0 9 6 3 5 10 3 1   38 1 1 100 0 100 0 9 6 3 5 10 3 1   39 1 1 100 0 100 0 9 6 3 5 10 3 1   40 1 1 100 0 100 0 9 6 3 5 10 3 1   41 1 1 100 0 100 0 9 6 3 5 10 3 1   42 1 1 100 0 100 0 9 6 3 5 10 3 1   43 1 1 100 0 100 0 9 6 3 5 10 3 1   44 1 1 100 0 100 0 9 6

B A R N S T E A D.
State of New-Hampshire.
NOTICE is hereby given to the Delinquent Proprietors and owners of Land in the town of Barnstead, who have not paid their Proprietary Taxes for the years, 1784 and 1787, that unless they pay the same together with incidental charges to me the subscriber on or before the 27th day of January, 1790, so much of their Lands as will pay the same, will then be sold at Public Vendue at ten o'clock A. M. at my dwelling-house in said town, as the law directs.
   Proprietors names. No. of 60 acr. 1784. 1787. No. 100 acr. 1784. 1787.   lots in 1st div. s. d. s. d. s. d. s. d. s. d. lots in 2d div. s. d. s. d. s. d. s. d. s. d.    John Sanborn 2 10 0 1 10 0 29 0 0 0 0 0 0 0 0 0 0  Ebenezer Wentworth 4 0 0 1 10 0 41 16 8 2 10 0  John Huntress 5 10 0 1 10 0 118 13 8 2 10 0  Hunking Wentworth 6 0 0 1 10 0 53 16 8 1 16 0  Thomas Leighton 7 10 0 1 10 0 67 16 8 2 10 0  Ephraim Dennet 8 0 0 1 10 0 69 16 8 2 10 0  Rich'd Wibiard, jun'r 9 10 0 1 10 0 19  Samuel Walton 10 74 2 10 0  Francis Jenners 11 10 0 1 10 0  Samuel Shackford 12 10 0 1 10 0 90 16 8 2 10 0  Andrew Wiggin 13 1 10 0 6  Richard Dame 14 1 10 0 113 2 10 0  Joseph Rollings 15 1 10 0 120 16 8 2 10 0  John Redman 16 1 10 0 107 2 10 0  John Downing 17 10 0 1 10 0 63 2 10 0  Richard Downing 18 10 0 1 10 0 73 16 8 2 10 0  Mark Ayers 19 10 0 1 10 0  John Wallingford 20 10 0 1 10 0  Samuel Huntress 21 1 10 0 72 2 10 0  Benjamin Clark 22 2 4 1 10 0  Lemuel Bickford 23 1 10 0  Rev. Joseph Adams 24 0 4 6 65 1 5 0  Shadrack Walton 26 10 0 1 10 0  Mathew Plant 27 10 0 1 10 0 81 1 8 0 3 6  John Knight, jun'r 28 10 0 1 10 0 59 2 10 0  Moses Dame 29 10 0 1 10 0 89 2 10 0  John Walton 30 10 0 1 10 0 47 16 8 2 10 0  Peter Weare, Esq. 31 1 10 0 30  Matthias Nutter 32 10 0 1 10 0 110 16 8 2 10 0  James Pickering 34 4 5 0 13 3  John Knight 35 10 0 1 10 0 54 16 8 1 16 0  Jeremiah Miller 36 1 10 0 60 16 8 2 10 0  Jonathan Downing 37 1 10 0 24 16 8 1 16 0  Thomas Pickering 38 10 0  Hatevil Nutter 39 1 10 0 37 2 10 0  James Davis 40 10 0 1 10 0 55 2 10 0  George Walton 41 10 0 1 10 0 45 16 8 2 10 0  Nathaniel Morrill 42 1 10 0 90 1 5 6  Andrew Peters 46 10 0 1 10 0 43 16 8 2 10 0  John Thompson 47 10 0 1 10 0 27 1 16 0  John Trickey 48 10 0 1 10 0 58 2 10 0  Cyprian Jeffery 49 10 0 1 10 0  William Fellows 50 1 10 0  John Downing 51 5 8 1 10 0  John Plaisted 53 10 0 1 10 0 34 16 8 2 10 0  John Gilman, Esq. 54 1 10 0 92 2 10 0  John Downing 3d. 55 10 0 1 10 0 66 2 10 0  John Dame 56 10 0 1 10 0 44 16 8 2 10 0  Ebenezer Stevens 57 1 10 0  John Shackford 58 10 0 1 10 0  George Walton 59 1 10 0 119 16 8 2 10 0  James Jeffery 60 39 2 10 0  Elnathan Dame 61 10 0 1 10 0 85 2 10 0  Moses Furbur 71 2 10 0  Samuel Faybens 64 1 10 0 75 2 10 0  John Decker, jun'r 65 1 10 0 46 1 16 0  Benning Wentworth 67 10 0 1 10 0 115 16 8 2 10 0  John Wentworth, jr. 68 10 0 1 10 0 95 16 8 2 10 0  David Wentworth 69 1 10 0 84 11 6 2 10 0  Jotham Odiorne 82 2 10 0  Joseph Downing 71 1 10 0  James Nutter 72 0 4 6 56 16 8 2 10 0  Samuel Thompson 73 64 16 8 2 10 0  John Walker 74 1 10 0  Shadrack Walton 76 10 0 1 10 0 25 1 16 0  Richard Wibiard 78 1 10 0  Joseph Downing 79 10 0 109 16 8 2 10 0  Ebenezer Weare 80 6 2 0 18 6  John Frost 81 10 0 1 10 0 32 2 10 0  John Gilman 82 0 5 0  George Jeffrey 84 10 0 1 10 0 97 16 8 2 10 0  Thomas Bickford 85 10 0 1 10 0 61 12 8 2 10 0  Thomas Ayers, jun'r 86 10 0 1 10 0  John Rindge 87 10 0 1 10 0  Joshua Pickering 88 10 0 1 10 0 111 7 6 2 10 0  Richard Jenners 89 1 10 0 40 1 16 0  Gilbert M'Phedris 90 10 0 1 10 0 38 1 16 0  John Faybens 91 10 0 77 2 10 0  Hatevil Nutter 92 10 0 1 10 0 52 1 16 0  Archibald M'Phedris 93 10 0 1 10 0  Samuel Nutter 94 10 0 1 10 0 93 2 10 0  Jethro Furbur 101 2 10 0  Benjamin Downing 96 1 10 0 91 16 8 2 10 0  Nathaniel Sheres 97 10 0 1 10 0 98 16 8 2 10 0  Henry Nutter 98 10 0 1 10 0 36 16 8 1 16 0  John Faybens, jun'r 86 16 8 2 10 0  Jethro Bickford 49 16 8 1 16 0  Theodore Atkinson 101 1 10 0 50 1 16 0  Robert Acmooy 57 16 8 2 10 0  John Nutter 103 10 0 1 10 0  Joshua Downing 104 1 10 0  Seth Ring 105 10 0 1 10 0 48 1 16 0  Harison Downing 106 10 0 1 10 0 102 2 0 6  Samuel Shute, Esq. 107 1 10 0  Joseph Faybens 108 1 10 1 10 0 35 16 8 2 10 0  
   Proprietors names. No. of 60 acr. 1784. 1787. No. 100 acr. 1784. 1787.   lots in 1st div. s. d. s. d. s. d. s. d. s. d. lots in 2d div. s. d. s. d. s. d. s. d. s. d.    Hatevil Nutter 110 1 10 0 33 16 8 2 10 0  James Jeffery, jun'r 111 0 3 6 105 2 10 0  John Brock 112 1 10 0 62 2 10 0  Benjamin Bickford 113 10 0 114 16 8 2 10 0  Benjamin Walton 114 10 0 1 10 0 117 2 10 0  Samuel Tibbetts 115 1 10 0 51 12 10 1 16 0  Mark Hunking 116 10 0 1 10 0  Timothy Gerrish 117 10 0 1 10 0 88 16 8 2 10 0  Thomas Westbrook 119 1 2 1 10 0  T. Westbrook Waldron 120 10 0 1 10 0 83 16 8 2 10 0  
Lands held by purchase out of the Commons in the Township of Barnstead.
160 Acres of Land being part of the three Thousand Acres, that John Fisher, Esq. purchased of the Proprietors of said town, now in the possession of Nicholas Dudley, } 4 0 0
500 Acres heretofore Common Land now claimed by Joseph Peirce, Esq. 12 10 0
Ammi Rue Cutter, Esq. 250 Acres Common. 6 5 0
  John Burnam Hanson 100 Ditto 16 8 2 10 0  John Tasker, Esq. 43 Ditto 1 1 6  Samuel Shackford 21 Ditto 0 10 6  Francis Drew</