The New Hampshire gazette (Portsmouth [N.H.]), 1802-02-16 00:00:00

New Hampshire Gazette.
Appointed to publish the LAWS of the UNITED STATES for the District of New-Hampshire.
PORTSMOUTH: (NEW-HAMPSHIRE) PUBLISHED BY NATHANIEL S. & W. PEIRCE, PRINTERS TO THE STATE, AND PRINTERS OF THE LAWS OF THE UNITED STATES.
To the Editors of the N. H. GAZETTE.
Messrs. PRINTERS, AS the suppression of the New-Hampshire Union Bank by the retraining Act passed in Dec. 1799, has been and still remains a subject of much speculation throughout the State; on which many, on account of those obstructions, that, for some time past have clogged the channels of public information, have probably made up an opinion without an opportunity of hearing on both sides the question; you are therefore requested to give a place in your impartial paper to the following strictures, which, although they have been already published, yet in detached numbers, and in those papers only, which could not find access, where such information was most needed, may nevertheless be useful, as the public will then have before them in one view, not only the history of that extraordinary transaction, but also the principal arguments in favor of banking institutions in general, and the peculiar necessity of a second Bank in New-Hampshire. Yours, A CUSTOMER.
To the Citizens of New-Hampshire,
NO event, perhaps has ever presented itself to public view in this State since the establishment of our present form of government, which in its consequences has led to measures so fruitful in developing the selfish and oppressive disposition of the human heart as the institution of the NEW-HAMPSHIRE UNION BANK; to pass over in silence the remarkable proceedings either of a public or private nature, to which it has given rise; to suppress a manly indignation at that spirit of avarice and revenge which would deprive us of our property and our rights would betray a cowardly submission, degrading to the character of a freeborn American:—With plainness, therefore and unembellished truth, I shall attempt to lay before the public a brief narrative of facts, with such observations as may arise from the subject, that my fellow citizens may realize by what tenure they hold their most invaluable privileges; how easy it is for the passions of men to overleap the bounds of reason and justice; and how feeble the barrier formed by the best of Constitutions, when private interest and party spirit conspire to break it down.
The Bank which had been established in Portsmouth, and the only one in New Hampshire, began at first with a Capital of about sixty thousand, and was afterwards increased to about eighty thousand dollars; from several years experience it had been found that the demands of those who had occasion to borrow, could not be supplied, and that many citizens of Portsmouth and its vicinity were driven to Banks of another State for loans, which through disability or discrimination of the Directors, could not be obtained in their own. Whether the managers of the Bank had their favorites, were partial in their indulgencies, as was the prevailing opinion, or whether the capital of their Bank was really insufficient, seemed quite immaterial, it was certain an evil existed that required a remedy; this was attempted by setting on foot, in the spring of 1799, a subscription for the establishment of a second Bank; in June following articles of association were signed, accommodations and materials were provided for carrying on the business, and early in October the bills of the New-Hampshire Union Bank were in circulation. Finding that jealousies had arisen in the minds of the Directors of the New-Hampshire Bank; that they considered the institution of a second Bank as an act of hostility and opposition to theirs—The Directors of the N. H. Union Bank from a desire of cultivating that degree of harmony indispensably necessary to the easy and profitable conducting the business of both, thought proper to seize the earliest opportunity to remove those unfavorable impressions and accordingly addressed them in a respectful manner, (as was conceived) by letter on the subject; disclaiming in the most positive manner, the intentions ascribed to them, expressing an opinion that the increased state of commerce would afford ample employment for the capitals of both banks and proposing terms of amity and a mutual exchange of friendly offices. This letter, however, though breathing nothing but friendship and good will was treated with pointed contempt. Ignorant at that time of the high prerogatives assumed by those gentlemen, and not suspecting their claim to an exclusive right of acquiring property by loaning money on banking principles in New-Hampshire, it was difficult to account for this outrage on common decency and politeness—but it will readily be concluded that as no reply was made to this amicable overture, no further advances could with propriety be made on our part.
Sensible of the disadvantages attending
the prosecution of business of this kind in an unincorporated state, and desirous of rendering their institution as public and useful as possible—The Stockholders petitioned the General Court at their next session (in December) for an act of incorporation, which the Stockholders of the N. H. Bank were permitted to oppose by their memorial fraught with no small degree of arrogance and indecency; the petition and memorial were referred to a committee, a majority of whom, unfortunately for the petitioners, were previously known to be in the interest of the old Bank—it was therefore expected their report would be unfavorable to the petitioners; but to the astonishment of every rational and candid mind, they not only reported against the petition, but in favor of an act for retraining all unincorporated banking associations! This report was taken up in the House of Representatives and divided; on the question relative to the incorporation, a considerable majority voted in favor of the report; to which they were led, as many of them afterwards expressed, by the consideration that the subject was new to them, and that they wished further time to consider it before they put it beyond their reach—such precaution, in those unacquainted with the banking business, appeared, to the petitioners, not unreasonable, and here they would have cheerfully rested, waiting patiently until another session of the General Court, that the public might have sufficient experience on the subject and the legislature be more competent to determine on the propriety of granting the prayer of the petition. The second part of the report, viz. "that some act ought to pass for retraining unincorporated banking companies," was also taken up and rejected—and there the business should have ended; but interest, alas! that too powerful incentive to injustice and oppression would not suffer it to be; every branch of the Legislature furnished its proportion of Stockholders in the Old Bank whose extravagant income was in danger of some diminution, an act most arbitrary and oppressive, and (in many parts at least) unconstitutionally severe, calculated not merely to prevent a multiplication of banking companies in future, as was jesuitically pretended, but for the particular design of crushing, at a single blow, that which had been legally and rightfully instituted, was prepared and read in the Senate and became publicly known on Thursday, but was detained till the next week, on Tuesday, before it made its appearance in the house of representatives. This unusual time was allowed, as was the general opinion, that there might be the fullest opportunity to prepare that body for its reception.—If it is opinion was just, and it is presumed it does not admit of a doubt, the people of New-Hampshire will see the necessity of guarding in future, against such extraordinary conduct in a dignified branch of their Legislature.
The interval thus allowed did not pass unimproved; for, in addition to those noted characters, (whose unwelcome visits constantly infest the sittings of the General Court) men of some respectability & influence were summoned from various parts of the State to exert themselves in this important affair, and in some instances, under a promise of reimbursement of their expenses at least—some of whom, indeed, when made more fully to understand the business in which they were about to be employed, rejected every overture with disdain, and returned with just indignation to their respective homes; others less principled were induced to engage in the cause; political prejudices were excited, the fatalities of the Executive were ineffectual in addressing the hopes and fears of men deluded of procuring or retaining appointments, and after five days expended in the most agonizing efforts, a majority was found in the House of Representatives in favor of The Act; an Act unexampled for severity in the annals of any free Government: tyranny and despotism alone can furnish a parallel. To give it some semblance of moderation, provision was made for the postponement of its operation till the first day of August following. This was introduced by mere subtility, as a bait for the credulous and unwary, who were told that this act could not injure the bank already in operation—that the proprietors would petition again in the June session, and if so, would certainly be incorporated, before the act could operate upon them—that this act was necessary to prevent the multiplication of Banks in future, and would tend only to that purpose. To guard more effectually, however, against a possibility of obtaining such incorporation, a State Tax of Twenty-seven Thousand dollars was first voted; and just at the close of the session, when the business was supposed to be completed, a Resolve was brought forward in an artful manner, and hastily passed, while many of the members were retiring to their homes, authorizing the Treasurer to purchase an additional stock in the New-Hampshire Bank, to the amount of Twelve Thousand Dollars, that the Representatives of the State might be the more interested in opposing any means tending to lessen the income of property vested in that Bank.—And, strange as it may appear, so paltry a consideration produced the effect designed and was publicly urged in debate on a subsequent petition, as a reason why an act of incorporation should not be granted! Such was the state of things at the expiration of the session for 1799: an unjust and oppressive law had been passed, arresting the operation of the N. H. Union Bank, which had already become extensively useful—
prohibiting the Stockholders not only from issuing their notes & receiving deposits, but even from loaning money (silver and gold) and making every Stockholder, individually, liable for the payment of any and every Bill, though they were issued with the promise of payment at the Bank only.—Property to very considerable amount lawfully expended in instituting a branch of commercial business was forcibly wrested from its rightful owners, or at least made of no account, in violation (as is conceived) of justice and the natural rights of men, and of both the state and federal constitutions of government, from which there could be no relief but from an act of incorporation, or a repeal of the retraining act; and he must possess a very superficial knowledge of human nature and of the chicanery that had been practiced in this affair to entertain even a shadow of hope from this source, unless under a thorough change in our state administration.
The Governor himself as well as his particular friends and connexions were already largely interested, not only in the New-Hampshire Bank, but also in the Bank of Newburyport; two of the Senators, at least, and many members of the House of Representatives were Stockholders. The State too by the stratagem of a few individuals had become interested to a larger amount than before, and in addition to all these, the Stockholders of the New-Hampshire Bank, about this time, voted an additional number of shares for the purpose of purchasing full greater influence in the legislature, as was evident from the peculiar transactions of the meeting and the singular mode adopted for the disposal of those shares.
In the face of every discouragement, however, which interest or prejudice could oppose to our wishes, a second petition was presented to the General Court at the June session, praying for an Act of Incorporation, or that the "retraining Act" might be repealed. This petition was again met by a second Memorial of the Stockholders of the New-Hampshire Bank, who were admitted, by their agents, to oppose the petition, and to show why their fellow citizens should be deprived of their natural and constitutional rights, and why they (the Stockholders of the N. H. Bank) ought to enjoy the exclusive privilege of loaning money as a Company, in the State of New-Hampshire; at this time as on former occasions the petitioners were indirectly charged with views inimical to the Government and to the Constitution, and with instituting their Bank as an engine to accomplish those hostile intentions. At an epoch like that when he who persecuted a man of republican opinions thought he did God service, when to have been decidedly opposed to American Independence—to have despised and ridiculed the efforts of our most disinterested patriots and heroes in its accomplishment, and even to have been a professed partisan with Britain, were but to many recommendations to offices of honor and profit—what opposition could be made to such insinuations with the least prospect of success? In vain were pleaded, in opposition to their malignant and groundless assertions, our share of anxiety & suffering through a long and tedious war; our loss of property, of health and of friends in support of the glorious principles of our revolution; our inviolable attachment to the federal Constitution of government, and ready obedience to the laws—while many of our opponents who were thus calumniating us as unworthy to share with them the privileges resulting from that government, in the purchase of which they had no share, & not only withheld their assistance in its establishment, but for want of opportunity, would probably have taken an active part on the side of our enemies. In vain did we state the private and public utility of a second Bank in New-Hampshire, and the many evils inseparable from a monopoly in this as in every other branch of commercial business. In vain did we urge that as citizens and freemen we had rights and privileges in common with our opposers; that the State and General constitutions guaranteed to us the right of acquiring, possessing and protecting property—that they forbid retrospective laws, and laws impairing the obligation of contracts:—the prayer of our petition was rejected and the law in all its severity was suffered to operate on us, to the loss of our property lawfully acquired and invested; to the great injury of the commerce of this state and to the public in general. Even so reasonable and moderate a request as a postponement of the operation of that extraordinary act to the next session of the Legislature, that those indebted to the Bank for loans might have the advantage of the productive season to make their payments, and that the public might have further experience of its operation, was pointedly rejected by the Senate by not even joining a committee from the House on the petition for that purpose.
Believing in the justice and importance of their cause, a cause involving, not the interest of a few individuals only, but principles both moral and constitutional, highly interesting to the public at large, perseverance was considered not only honorable, but indispensable. The Stockholders of the N. H. Union Bank again petitioned the General Court at their next session, as they had repeatedly done before; the petition was decently noticed by the House of Representatives, and a committee on their part immediately appointed, which was refused to be joined by the Senate with the same supercilious disdain as on former occasions; in this situation it was suffered to rest.
As it is, the prerogative of the Legislature to enact such laws as in their opinion will promote the public good, not repugnant to the Constitution, which they have solemnly sworn to support—so it is also a privilege reserved to the people by that Constitution annually to elect such of their fellow citizens as they may judge best qualified to discharge this important trust—if therefore it shall appear that at any time their rulers have exercised arbitrary powers, unreasonably deprived their fellow citizens of their property and their rights in violation of justice and the constitution—and to the injury of the community at large; being their duty, it will undoubtedly be the inclination of the free electors of this state to withhold their suffrages from such characters in future, and bestow them on those in whose abilities and integrity they have greater confidence.
Having already given you a brief narrative of the more remarkable proceedings relative to the N. H. Union Bank, and stated, generally, an opinion of their severity, injustice and unconstitutionality; it remains to lay before an impartial public, the reasons and evidence on which such opinion is founded, lest any might suspect that the propensity there is in man to judge partially in his own cause and to magnify the abuses to which he may be subjected, should have operated in the present case. For this purpose it has been thought proper to insert the most exceptionable parts of the late extraordinary act, and those articles of the State and Federal Constitutions with which they are supposed to militate. The first, third and fourth paragraphs are as follows:
Be it enacted by the Senate and House of Representatives in General Court convened, That every company or association of persons formed, or to be formed, for the purpose of establishing a bank or fund for receiving deposits, issuing notes or bank bills, making discounts, or loaning money, or bank bills, and transacting the business which incorporated banks may or do transact by virtue of an act or acts of incorporation, and every such institution, propriety or bank formed, or to be formed, without an act of the legislature authorizing the same, shall be deemed, and the same is hereby declared unlawful.—And if any person not authorized as aforesaid, shall subscribe to, or become a proprietor, partner or stockholder in such fund or bank, or become a member of such institution, company or association, he shall forfeit and pay for every such offence, a sum not exceeding one thousand dollars, nor less than four hundred dollars, to be recovered by any person who will sue for the same in an action of debt, one half thereof to his own use, and the other to the use of the State.
And be it further enacted, That all notes or securities for the payment of money, or delivery of property which shall be made, given, endorsed or transferred to any such unincorporated bank, company or association, as before described, or which shall be received by any such unincorporated bank, company, or association, in payment of money, bank notes, or bills loaned or discounts made by them, or which shall be made, given, or transferred to, or received by any person or persons for their benefit and use, shall be null and void.
And be it further enacted, That every person who shall hold any bank note or bill, issued or paid out by any such unincorporated association, bank or company, their agents, officers or servants, shall be entitled to demand and recover the full sum expressed in such bank note or bill of such company, association, or bank, the President, Cashier, or any member or stockholder thereof at his election.
The Constitution of New-Hampshire declares—"All men have certain, natural, essential and inherent rights; among which are the acquiring, possessing and protecting property."
That "Government is instituted for the common benefit, protection and security of the whole community, and not for the private interest of any one man, or class of men."
That "Retrospective laws are highly injurious, oppressive and unjust."
And in addition to these the federal constitution provides—that "No State shall pass any ex post facto law, or law impairing the obligation of contracts."
At the time when the N. H. Union Bank was formed, no law whatever existed against it; the examples of other states pointed to
the measure and the operation of their Banks flew its expediency; the right to do so was considered as uncontroversial as that of associating for the promotion of commerce, manufactures, the useful arts, or any other laudable purpose. The institution, beyond all controversy, was lawful, and this must have been presumed by the framers of the act, or where was the necessity of declaring it unlawful? Had it been really unlawful, the law might have been enforced against it, and any new law declaring it to would have been superfluous and ridiculous; if lawful at the time and declared unlawful by an ulterior law, would not such a law be retrospective in its nature, and of course opposed to the constitution? It is believed that no doubt can be entertained on this point.
If the right of possessing property, be a "natural and essential right" (and has not been alienated) and if the property of the Stockholders of the N. H. Union Bank was lawfully invested, as has been shown, is it not unconstitutional and oppressive that by any law made after such investment, they should be deprived of that property? The providing of materials, accommodations, &c. for carrying on the banking business, required the expense of several thousands of dollars, almost the whole of which will be entirely lost to the proprietors, if the retraining act be suffered to continue in force, as fully and effectually as if that amount had been forcibly extorted from their pockets.
The right of loaning money by individuals or partners in trade has been fashioned by law and custom, not merely coeval with the earliest history of the American nation, but from remoter ages in that country from whence we derived our original, & may (with the right of possessing property,) with the strictest propriety be considered as among those "natural, essential & inherent rights" on which government cannot infringe, but in violation of an article of the constitution above quoted, unless it could be made to appear that this right is expressly delegated by the people to their rulers; or it is an essential principle resulting from the very nature of our government, and particularly recognized in the federal constitution, that all powers not delegated are retained and belong to those who originally possessed them; and it is also a principle perfectly consonant with reason and which has been in a formal manner acknowledged by the legislature of this State, that "if in any instance the Constitution be liable to doubtful construction it becomes the ministers of the people to admit that which is most favorable to the rights and liberties of those from whom they derive their power," the surrender therefore must be clear and explicit, which is not even pretended, or the right must be considered as retained. The right of the legislature to pass such a law can only be founded on a general grant of powers by an article in the Constitution in the following words, viz. "Full power and authority are hereby given and granted to the General Court, from time to time, to make, ordain and establish all manner of wholesome and reasonable laws, statutes, ordinances, directions and instructions, either with penalties or without, so far as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof."
Giving to this article all the force it can possibly have, it is clear that the laws should be wholesome and reasonable, that they be not repugnant to the Constitution, and that they be necessary for the support and defence of the government thereof. If they fail in either of these particulars, no support can be had under this article. The law complained of is objectionable in the two former points, has already been shown, and to prove that a government cannot be supported but by disfranchising a part of its subjects of their essential and inherent rights, and thereby granting exclusive privileges to others not more deserving than they, would be to prove that government oppressive and undeserving, the distinguished appellation by which ours is known; but the republican citizens of New-Hampshire are not thus to be gulled of their senses; one generation more must pass away before they can be prepared for such a belief.
If the reasonings above stated are just it follows, that the right of individuals, partners in trade, commercial companies, &c. &c. to issue their promissory notes, to loan monies and to receive promissory notes as security therefor, is one of those essential and inherent rights contemplated in our State Constitution. Now if a company who may stile themselves merchants, possess this right, by what mode of reasoning can it be made to appear, that calling themselves Bankers, they are to be deprived of it?—In the name of reason and common sense, it is asked, why should any company of men be permitted to issue their promissory notes to any one who is willing to receive them? Or why should not the note of any individual given to any company for monies actually borrowed and received be valid against the givers? Surely, no other reason can be given, than, because that company had forfeited their natural rights and the privilege of the laws to which others are entitled.
The 4th paragraph of the act, although not so oppressive in its consequences, appears still more pointedly opposed to the Constitution. The bills of the N. H. Union Bank, like those of other banks, were issued and received under a promise of pay-

ment at the Bank, where the silver and gold was deposited for that purpose, and reason as well as law requires that application should first be made at the Bank, and if payment be there refused it might be recovered of any Stockholder without the aid of any new law—but by this new law any Stockholder who may be found, though an hundred miles from his home, if within this state (for it is not believed that any such law will exist in any other) may be compelled by the holders of Bills to any amount, to make instant payment, or be liable to immediate imprisonment, even if no demand had been made at the Bank, the only place where payment was promised. Is not this in direct contravention of that article in the Federal Constitution, which says "No State shall make any ex post facto law, or law impairing the obligation of contracts?"
A law so subversive of the natural and essential rights of a free people as that for restraining unincorporated banking associations in New-Hampshire, it is believed, could not have received the sanction of the Legislature notwithstanding the amazing influence of party spirit and the exertions of individuals who from a peculiar coincidence of events had suddenly become influential, and whose interest as Stockholders in the bank already incorporated constantly urged to the most energetic measures, had not the way been in some degree previously prepared by the government of Massachusetts, whose Legislative example it has been the general practice of New-Hampshire to imitate.
Banks in Massachusetts had become numerous, six were incorporated, employing together a capital of about three millions of dollars, the stockholders must therefore be many, wealthy and influential: Aristocracy had arrived to an alarming height; the Essex Junto, whose intrigues at that time were but little known, in a great measure, governed the councils of that State; a principal member of that noted club was particularly interested to bring forward and support such an act; many members in both branches of the legislature were largely interested in banks already incorporated, and the acting governor at that time was not only a stockholder but president of one of those banks: From such a concurrence of powerful causes was produced a law, the first of the kind that America ever knew; which in the opinion of the disinterested and judicious of that state is considered arbitrary, oppressive and unconstitutional, although far less exceptional than that of New-Hampshire to which it gave rise; it does not declare an institution unlawful against which no law had ever been made, it did not change the obligation of contracts made before the law was ever thought of, nor was it suffered to injure any bank that had before been established. The Gloucester bank (which like the N. H. Union Bank) was in operation before the restraining act was passed, without any difficulty obtained an incorporation before the law took effect; even the Newburyport Bank, the plan of which was but in embryo, was not permitted to be destroyed: their petition for incorporation not being granted, a committee was appointed by the Legislature to devise some mode of relief for the Stockholders (although the Bank was not established when the prohibitory law was made) which was brought about by an union of the stocks of both banks in that town; so fearful were the stockholders of the Merrimack Bank that the new law would not stand the test of the Constitution, that they readily consented to the measure, rather than hazard the decision of a judicial court, which might have rendered the law a nullity and have brought the Legislature into disgrace.
If such a law, circumstanced as Massachusetts then was in regard to banks taken in connection with the subsequent proceedings of the government in guarding against its deleterious effects, be a subject of great and just complaint, in that state, who can read without astonishment the history of the memorable session of the General Court of New-Hampshire in the winter of 1799, and the later proceedings of the Legislature on the subject?
The N. H. Union Bank, as has been already stated, was instituted at great expense several months before any law was made against it, and as early as October loans were made and bills issued to a large amount:—the petition of the stockholders in December following, for an act of incorporation was not granted; a law calculated for the special purpose of destroying it was passed; subsequent petitions for relief were rejected, and even the consideration of the propriety of suspending the act for a short period was pointedly refused by THE SENATE!
The State of Massachusetts exceeds N. Hampshire in population in the ratio of about three and a quarter to one—eight banks therefore of One hundred thousand dollars each, would not exceed its proportion compared with the capital which experience had shown, might be profitably employed in the former state. One bank only was incorporated in N. H. whose capital stock amounted to the insignificant sum of eighty thousand dollars. An only bank in the state with so paltry a capital under the most liberal management could never have supplied the demands of those for whose interest it would be to borrow, and who could procure the best security—of this truth every unprejudiced mind, in any degree acquainted with the business of Portsmouth, must be satisfied; what then would be its insufficiency conducted on contracted and partial principles?
It is a matter of general notoriety that notwithstanding the support afforded by the New-Hampshire Bank, money was constantly loaned in its vicinity by individuals at the exorbitant interest of 25 to 50 per cent, per annum, and by men too who were constantly borrowers of large sums from the bank for which they probably had no other use than to loan again at such an extravagant premium; while merchants and other men of business, who had need of occasional sums for carrying on their commercial affairs and who were able to procure security which would be no where else refused, could not be accommodated, but were driven to banks of another state, at great expense and inconvenience, for loans, which if the capital had been sufficient, and the managers disposed, might have been procured in their own.
Of these things the Stockholders of the N. H. Bank could not be ignorant, they
however saw fit by their agents to declare in their memorial to the legislature that their capital was fully adequate "to supply the demand for active capital, which in the course of business of this kind could, with propriety be made upon any bank," and "that the extent of business of this kind and the capital necessary and adequate to a just supply was better known to themselves than to others;" and to establish these assertions declared themselves "interested in affording all that supply and accommodation of which such institutions were susceptible because on this their profits depend." How plausible the pretence and yet how fallacious! they were indeed interested in loaning to as large an amount as their small capital would permit but not to enlarge that capital, for in doing this, the shares of the original proprietors must be enlarged or new proprietors be admitted; in the former case more money must be deposited by the first proprietors in order to hold their original proportion (which very probably would be inconvenient to a major part)—if new proprietors were admitted the power of the former, to manage as they might think proper, would be lessened—and if enlarged in either way, and however necessary for the convenience of the public, it is probable that at certain times there might not be a full demand for all that might be issued under the increased capital unless by accommodating those, who from political prejudices, or other considerations, they might not wish to gratify, and so the profits on a given sum in the larger, might not be so great as on the same sum in a smaller flock; self interest, therefore, and thirst for power so natural to man, will ever induce the proprietors of the N. H. Bank to continue their capital as small as possible, consistent with their plan of securing the assistance of influential characters, by occasional grants of shares, while they enjoy the exclusive privilege of the banking business in this State, and until those passions cease to influence the minds of men, every degree of opposition to the incorporation of another bank may be expected from them, however unreasonable and incompatible with the public good it may appear to others. We look to our fellow citizens for justice, and from you it can be expected in no other way than by a careful and conscientious exercise of the valuable privilege secured by the Constitution, of appointing your own rulers. If the law complained of be in your opinion unconstitutional and oppressive, withhold your suffrages from those who have been influential in its adoption, if in your opinion any description of citizens have been unreasonably and unjustly oppressed, consider that if you are not immediately affected by their sufferings, yet that the same spirit by which their persecution was dictated, if passed by unnoticed, may on some future occasion, deprive you of some of your dearest rights—be convinced that to retain men long in office is dangerous to any free government, they acquire a supposed right from repeated appointments, and are too often successful in gaining over their constituents to such an opinion; examine into the qualifications of men, and see if in any instance you have been deceived, be cautious in future—ever realize that the steps to arbitrary power are gradual and concealed, that its advocates are subtle and persevering, that they are generally men of extensive property themselves, or tools to such as are and are able by bribery and corruption to accomplish that which cannot be supported by reason or gained by force—fix your eyes on men of integrity and discernment, on men who can have no sinister views, no interests to serve, incompatible with the public good. We live under constitutions of government, wisely calculated to render its subjects prosperous and happy, and it depends on ourselves whether we will suffer them to be violated or be handed down in purity to the next generation.
We have endeavored to show that the law by which the N. H. Union Bank is suppressed, is unconstitutional and oppressive, that it originated in avarice and revenge, was supported by finesse and intrigue, and was finally obtained through party spirit and political intolerance. It now remains to point out the general operation of banking institutions in a commercial country; that their advantages cannot be secured nor the evils which may arise from them through error and mismanagement be effectually remedied, but by suffering the same free competition in this as in every other branch of commercial business; and to state the reasons why a second bank in N. Hampshire would not only be in a high degree useful, but absolutely necessary to the increase of commerce, agriculture and every other branch of industry in the state.
Silver and gold being the circulating medium of any country or society, forms a very valuable part of its capital from which no profit arises; because it answers no other purpose than to distribute to each man his proportion of income; if this purpose then can be accomplished by substituting paper in its stead; the whole difference between the cost of the paper and the silver and gold, the place of which it supplies, will be added to the productive capital of the society. To use the words of a celebrated English writer (who appears to have had a perfect knowledge of the subject)—"The substitution of paper in the room of gold and silver money, replaces a very expensive instrument of commerce with one much less costly and sometimes equally convenient. Circulation comes to be carried on by a new wheel, which it costs less, both to erect and maintain, than the old one; the quantity of the materials, tools and maintenance, which the whole circulating capital can supply, may be increased by the whole value of gold and silver which used to be employed in purchasing them. The whole value of the great wheel of circulation and distribution, is added to the goods which are circulated and distributed by means of it. The operation, in some measure, resembles that of the undertaker of some great work, who in consequence of some improvement in mechanics, takes down his old machinery, and adds the difference between its price and that of the new, to his circulating capital, that is, to the fund from which he furnishes materials and wages to his workmen." Speaking of Scotland, he says that "new banking companies have been erected in almost every considerable town, and even in some of the country villages: the business of the country is al-
most entirely carried on by means of the paper of those different banking companies, with which purchases and payments of all kinds are commonly made. Silver very seldom appears except in the change of a twenty shilling bank note (the lowest denomination that can by law be issued) and gold still less. But though the conduct of all those different companies has not been unexceptionable, and has accordingly required an act of parliament to regulate it; the country, notwithstanding, has evidently derived great benefit from their trade. I have (says he) heard it asserted that the trade of the city of Glasgow doubled in about fifteen years after the first erection of banks there; and that the trade of Scotland has more than quadrupled since the first erection of the two public banks at Edinburgh, of which the one called the Bank of Scotland, was established by act of parliament, in 1695; the other called the Royal Bank, by royal charter in 1727."
If the establishment of banking companies be so highly useful to a country whose wealth is unbounded, and where manufactures, commerce and agriculture had arrived almost to the highest degree of improvement; how much more so to a country where those branches of industry are but in the earlier stages of cultivation; to a people like Americans, in a pre-eminent degree possessing a spirit of commercial enterprise, surrounded by nature with every local advantage for extending their commerce from sea to sea, and wanting nothing but an increase of mercantile capital to outvie even Britain herself?
The system of banking not only furnishes to the community an increase of active capital, but does this in a way peculiarly convenient to individuals by establishing funds from which may be drawn such sums as must otherwise be kept by them unemployed for answering occasional demands, and the most so where trading capitals are small, because in such case the property unemployed necessarily bears a greater proportion to the whole flock, than when the capital is large and the business more extensive.
A young man, for instance, purchases a ship and cargo and sends them abroad, this engrosses the whole of his capital; the vessel returns from a prosperous voyage; the wages of the seamen must be immediately paid or the ship libelled; the ship must be refitted, a new cargo put on board, and seamen's wages advanced for the second voyage. These expenses together will generally amount to two thirds or three fourths of the returned cargo (the import duties deducted) and will ordinarily accrue before a single dollar in cash can be realized from the sales of his goods. Without the aid of banks therefore, or some other funds from which supplies can be drawn, the merchant must sell his goods to the highest bidder, or his ship be detained till it be raised from sales at the usual credits; the duties, which on some cargoes amount to nearly one third part of their whole value, frequently fall due, and must be paid before one half their amount can be collected from the sales. Men of established capitals and extensive business being continually receiving as well as paying, may be able to conduct their affairs without the assistance of banks; but with young men and men of smaller capitals it is otherwise, and it is these whom the government should protect and encourage, rather than those whose wealth, were they suffered to have no competitors, would be dangerous to the commonwealth. Besides any general reasons, there are those of a particular nature, and which are scarcely applicable to any other place than Portsmouth, which render it necessary that every possible advantage should be afforded to the trade and commerce of that town. It is well known that the trade of that only seaport in New-Hampshire, was, before the revolution, in the hands of a few, that the business was principally transacted by barter, or exchange of one commodity for another, in this traffic the merchants had the advantage, and large fortunes were in many instances made, while labourers, mechanics and even farmers, were grooming under their exertions; Portsmouth was also the seat of government; there was the residence of public officers, pensioners and placemen appointed by the British King; by the example of these emiliaries, the dissipation and luxuries of a foreign kingdom took place of that industry and economy indispensably necessary to the general prosperity of an infant republic. Happy would it have been for N. Hampshire, if that revolution which snatched us from the iron grasp of British domination had liberated us also from the mischiefs that had arisen from our connection with that corrupt nation; but time alone can produce this desirable effect. Many professed friends to that haughty government were permitted to remain with us and many who did not openly oppose the revolutionary measures of ours, had imbibed sentiments not highly congenial with those republican principles which the people have been fit to establish; they could not forget the distinctions which their own wealth, or that of their connections and their acquaintance with the officers of a King had created, and from an invidious desire to maintain their relative consequence without any increased hazard or industry, many have discovered a disposition to check the increase of business rather than it should fall into the hands of those they had been in a habit of looking down upon with disdain, so that it has been principally owing to the exertions of men possessed at first but of small capital; grown up under our republican government, and having to contend against the wealth, the influence and the prejudice of those who had formerly shared the principal trade and commerce of the state; that Portsmouth is able to encourage a trade with her country brethren and to maintain even the humble comparison she now holds with the principal maritime towns of other states. A single bank indeed, has been established by the authority of the state, which has operated, not "for the common benefit" but "for the private interest and emolument of a particular class of men."—which, though the stock be not wholly owned by men educated under, and well affected to the British government and of course to all those distinctions that have been created by it, is evidently controlled by men of such description, from which or some other cause, it has become the support of a party, and to many an engine of oppression, and has necessarily led to the forming a second, that by uniting their smaller capitals in a common flock, the industrious and enterprising citi-
zens might share with the more wealthy in the benefits arising from such institutions, without rendering servile homage to the opinions of any.
The operation of banks however beneficial to a country under proper regulations, may also produce the most serious and lasting calamities to individuals and to the public if conducted on partial and illiberal principles; and this is almost certain to take place, when men are left to pursue the gratification of their avaricious passions without restraint by law or competition with others. If one bank only was permitted in a country, and that under the immediate direction of the government, it would soon become an engine of oppression, a sure foundation for tyranny and despotism, and more dangerous to the liberties of a people than even a standing army. If granted to individuals under exclusive privileges, an aristocracy would be created; a few wealthy men would engross the capital, the many become tributary to the few, and be brought into a state of vassalage to those imperious lordlings.
The length of time (fifty years) for which the N. H. Bank is incorporated added to the circumstance that the managers are under no restraint whatever by law, as to the sum to be issued, render it peculiarly necessary that a second bank should be erected in its vicinity; they are now permitted to issue just as much as they can find a market for, even to five or ten times the amount of the silver and gold deposited in the bank.
A striking example of the operation of a single bank without a competitor and without any legal restraint has been afforded us in a neighboring state. The Massachusetts bank, was for several years the only one in that state; with a capital stock of only two hundred thousand dollars on which a million of dollars was issued and in circulation at one time, this at six per cent. gave the proprietors the enormous interest of 30 per cent. for their money. By means of their exclusive privilege of loaning bank-bills, the Directors of that single Bank (like those of the N. H. Bank) had it in their power and actually did govern the medium of commerce in and about the metropolis; by free discounts the price of public securities, an important article of traffic at that time, and all other articles in the market was suddenly raised, and by refusing again to loan, an artificial scarcity of money was occasioned and the prices of the same articles depressed; individuals were compelled to part with their property at a loss; bankruptcies prevailed; and business in general rendered so fluctuating and uncertain that a few adventurous people only dared to engage largely in it. Had the mischief been confined to speculators and swindlers who, like some within twenty miles of Portsmouth, had accumulated fortunes by fly and deceptive measures from the hard earnings of the war-worn soldiery, without adding to the common stock, or in any way contributing to the public good; one set of sharps had only destroyed another and the community would perhaps have benefited by the conflict. But it has been frequently asserted, and probably not without foundation, that not only in Boston but in other places, where the circulating medium has been under the controul of a single bank, it has been the policy of Directors to call in their monies at the season of the year when the principal part of the produce of the country is usually carried to market, that those articles might be reduced in their price and the stockholders themselves with their friends and favorites have an opportunity to purchase under that advantage till they had obtained their supply. All this is possible, and perhaps not improbable; if such has been the management in this or any other State, such a bank ought not only to be checked in its career by the encouragement of others but even to be deprived of their charter in future.
The government of Massachusetts was alarmed at the operation of the bank, and in the winter of 1792 found it necessary to limit the issue of their bills to double the amount of their capital; this operated as a temporary check, but the evils complained of could not be effectually cured till other banks were created. The petition for the incorporation of the UNION BANK in Boston was resisted by the same opposite and inconsistent reasonings that have since been used against the New-Hampshire Union Bank; by some it was considered, that between two banks having equal powers and opposite interests, enmity would ensue, and the utility of both be destroyed; by others that each bank would be too liberal in their discounts; that paper bills would be too plenty and so suffer a depreciation to the great injury of those whose income was limited; but happily for the interests of that state, party spirit had not then blinded the minds of their rulers; they were open to conviction, and the better informed were able to discern the sub-
tilty of some and the ignorance of others, and against the most zealous opposition from the bank already established, the Legislature had the wisdom to grant the incorporation of a second, and since that period, of four other banks in that state. Experience has shown the propriety of the measure and that the evils predicted by weak and designing men can never be realized; money is just as plenty there as it ought to be, that is, just enough so, to represent the other circulating property and to distribute to each man his proportion; men of different political sentiments are not deprived of the means "of acquiring and possessing property;" no one bank has the power of building up their friends and favorites at the expense of those with whom they are disaffected; property is suffered to flow in its natural channels; the industrious and enterprising merchant is encouraged; the produce of the land finds a ready market, and the mechanic and laborer a profitable employment. He must be stupidly ignorant of human nature who can believe it possible that all men should think or reason alike on every subject; how ridiculous and contradicted then must be the policy, that would deprive society of the talents and exertions of any, merely on account of their political opinions!—but experience, alas! has too frequently taught us that nothing is too ridiculous or wicked to be expected from men who will lay aside their reason and suffer prejudice and passion to usurp the reins.
Various and contradictory have been the arguments against the incorporation of the N. H. Union Bank, but that which carries with it the most plausibility and has really had weight with many honest minds is, that by adding to the number of banks, paper bills may be so increased as to occasion a depreciation in their value below that of gold and silver.
The best reply that can be made to this objection is in the words of the same respectable writer whose work has been already quoted.—"When the people of any particular country have such confidence in the fortune, probity and prudence of a particular banker as to believe that he is always ready to pay on demand such of his promissory notes as are likely to be presented to him; those notes come to have the same currency as gold and silver money from the confidence that such money can at any time be had for them. The whole paper money of every kind which can easily circulate in any country never can exceed the value of the gold and silver of which it supplies the place, or which (the commerce being the same) would circulate there, if there was no paper money. Should the circulating paper at any time exceed that sum, as the excess could neither be sent abroad nor be employed in the circulation of the country, it must immediately return upon the banks to be exchanged for gold and silver. When this superfluous paper was converted into gold and silver, they could easily find a use for it by sending it abroad; but they could find none while it remained in the shape of paper. There would immediately be a run upon the banks to the whole extent of this superfluous paper, and if they shewed any difficulty or backwardness in payment, to a much greater extent; the alarm which this would occasion necessarily increasing the run."
Altho' paper money issued from banks where silver and gold can be had at all times in payment, can suffer no depreciation and cannot exceed the value of gold and silver, the place of which it supplies, and that would circulate there if there was no paper money, yet it is acknowledged to be possible that too large a proportion of the whole commercial medium may be in paper. Should a country, for instance, where the circulation was chiefly carried on by paper, be suddenly alarmed with the prospect of a war, and large sums of silver and gold become necessary to procure supplies from abroad, the paper bills which had been received for imports, and taxes must be sent to the banks for payment which might exhaust their funds, or at least excite such an alarm that the whole of their paper would be returned, and for want of silver and gold for its redemption the bills would be discredited, and the public be left for a time without a circulating currency. This evil may be provided against in two ways. First, by limiting the sum below which no bill can be issued; for if the smallest sum was five dollars, there must then be in circulation gold and silver sufficient for transacting all business under that amount, which in our country would probably include almost all dealings between the retailer and consumer, and would necessarily employ a large sum in silver and gold, which, if bills were issued for the smallest sums, there would be no occasion for. Secondly, by permitting the multiplication of banks—for if two or more banks should throw into circulation all the paper bills required, and which pos-

sibly might have issued from one of those banks, there would be two or more capitals for its redemption, instead of one, and the danger to the public, that might otherwise arise would by this means be lessened or wholly prevented.
The following observations, coming from an author of the highest estimation in the political and commercial world, written in modern times and in a country where the operation of banks had been experienced for ages, must be considered as the most respectable and conclusive authority that can be produced, and let any one who shall read and attend to them with candor, believe, if he can, that the establishment of the N. H. Union Bank could have been injurious to the public, or ought by an arbitrary law to be annihilated.
"If bankers are restrained from issuing any circulating bank notes, or notes payable to the bearer, for less than a certain sum, and if they are subjected to the obligation of an immediate and unconditional payment of such bank notes as soon as presented, their trade may with safety to the public, be rendered in all other respects perfectly free. The late multiplication of banks in the united kingdom (England and Scotland) an event by which many people have been much alarmed, instead of diminishing, increases the security of the public. By dividing the circulation into a greater number of parts the failure of any one company, an event which in the course of things must sometimes happen, becomes of less consequence to the public. This free competition too obliges all to be more liberal in their dealings with their customers lest their rivals should carry them away. In general, if any branch of trade, or any division of labor, be advantageous to the public, the freer and more general the competition, it will always be more so."
[Smith's Wealth of Nations.]
The beneficial operation of banks under proper regulations in a commercial country, is so generally understood that any further evidence on that head is unnecessary.
Banks should be encouraged, not for the sake of aggrandizing the few who may be owners of the stock, nor even for the additional purpose only of supporting a circulating medium adequate to the existing quantity of business transacted, but with the more important design of affording the greatest possible advantage for the further growth of commerce, agriculture, manufactures, and every other branch of industry adapted to the situation of our country. To accomplish this, it is indispensable that a rivalry should be created in order to prevent those partialities that otherwise would naturally arise, and which by confining the channels, through which the paper medium is permitted to pass into circulation, to the demands of a few friends and such others as may be willing to bow submission to the will of a set of imperious directors, would effectually prevent that increase of business which it has been the wisdom of every enlightened government to promote; every man of good character who can offer proper security at a bank should find the same favorable reception—the man of small property and of humble parentage no less than the wealthy and "well-born". One company of merchants with exclusive privileges might import from abroad all the goods of foreign production, necessary for the consumption of a state; and one company of traders might dispose of the whole to the consumers; but what would be the policy that would suffer such a monopoly? Where would be the restraint against a haughty and domineering department, disobliging and abusive treatment—and the most unreasonable and exorbitant demands? Common sense and common experience will furnish an answer.
If exclusive privileges be improper as relate to the supply of articles of secondary importance, how much more so in regard to "money which answers all things!" "The borrower is indeed servant to the lender"—nine tenths of the people are by turns borrowers of money, it is proper then that so large a proportion of mankind be made subservient to the caprice of a few individuals distinguished from their fellow men in no other respect than by enjoying privileges denied to others?
The proprietors of the N. H. Union Bank had reasons of a very special nature for their association—they were, with a very few exceptions men not in favor with the distinguished gentry of the other bank; they were generally men of business, as has been already represented, and were owners of one half the navigation of New-Hampshire, which being principally employed in West-India voyages, the duties on their homeward bound cargoes were considerable, and by law must be paid long before so much could be realized from the sales of those cargoes, which renders the assistance of banks peculiarly convenient. From the best computation that can be made, more than one hundred and fifty thousand dollars have been paid by them and their immediate connections in business to the public revenues within the last two years—upwards of twenty thousand of which were paid by one man. The writer of this has not had access to the collector's books, but believes that three fourths of the revenue arising from imports in this state has for the last two or three years been paid by the proprietors of the New Bank, and those concerned with them in trade.
These things have been made known to our rulers, who, strange as it may appear, have suffered themselves to be blinded by the intrigues of a few selfish men, who have not been content with sharing in the exclusive privileges of the New-Hampshire Bank, but hold also a commanding influence in that of Newburyport, by which a combination is so formed that each bank is secure of the assistance of the other in the prosecution
of any plans they may think for their own interest to adopt. And will the free citizens of New-Hampshire suffer that their brethren should be thus oppressed? that those who are employed in purchasing and sending abroad the surplus produce of their lands, and returning to them such articles in their stead as they stand in need of, and who are contributing in so great a proportion to the public revenue (by which alone direct and oppressive taxes can be prevented) should become tributary to a few mercenary speculators! The genius of New-Hampshire can never tolerate such abominable abuse; it needs only to be known to excite the indignation of their fellow citizens, and to rouse them to a participation in the interests of their injured brethren.
As the Stockholders in the N. H. bank conceived it for their interest to impute the establishment of a second Bank in Portsmouth to a spirit of opposition to theirs, and have obstinately persisted in propagating such an opinion to the present time, without any other evidence in its support than a conviction of such impropriety of conduct on their own part as might justly have warranted it; it is thought proper to shew at large a letter on the subject from the Directors of the New-Hampshire Union Bank addressed to the Directors of the New-Hampshire Bank.
The following is a correct copy:
Portsmouth, October 26, 1799. To the Directors of the New-Hampshire Bank,
GENTLEMEN, The many suggestions that for several months past have been industriously propagated by interested persons, calculated, not merely to prejudice the public mind against the institution of a second Bank in this town, but even to excite impressions of the most unfavorable kind against the characters and views of its proprietors, have been too public, and unreserved to escape the notice of the most cursory observer. The charge of political opposition, artfully made use of by some as the most popular engine with which to accomplish their object, with various other insinuations not having a colour of evidence in their support, we presumed could never gain belief in any mind where the shadow of candour existed—no means therefore have been employed by us to counteract their tendency; certain acts however, some of a private, but others of a more public nature, convince us that there is at least a willingness in some to realize them as just. The object of this communication is (without commenting on what has taken place unfriendly to us) briefly to state—That the same motives which, doubtless led to the establishment of your Bank—viz. personal emolument, and a desire to accommodate the mercantile part of the community, have actuated us—That we conceive the increased state of Commerce here will afford ample employment for the Capitals of both Banks, and of course all controversy will be unnecessary and useless.—That we thoroughly disclaim every idea of hostility or opposition from any motive whether of a public or private nature.—That we are ready to meet you on equal, and amicable ground and on all occasions to reciprocate every friendly, and honorable act.
From Citizen, to Citizen, each possessing the same natural rights, such declarations as these we trust are all that can or ought to be wished for; and we further add that if any measures shall be adopted by us in any degree unfavorable to your interest, they will be the result of necessity, for in no case will we be justly chargeable with aggression.
We are, with esteem, Gentlemen, your humble servants,
[Text] [Signed by the Directors of the New-Hampshire Union Bank.]
The public have already been informed that no notice was taken of this communication; but a decent reply been made, further conciliatory proposals would have followed, of this the directors of the N. H. Bank were probably aware, and thought it better to stand chargeable with unpoliteness and indecency than to be left without a shadow of excuse for the opposition they were determined to make.
A Stockholder in the late New-Hampshire UNION BANK.
The following Observations are copied from the Rutland Herald.
"In the prosperous state of our finances, the friends of their country will find matter for their high satisfaction. If it is seriously intended to discharge the national debt, it appears from Mr. Gallatin's Report, that there cannot be any great difficulty in effecting the business. The great body of American citizens ardently wish to have it done; and no speculating political statements, conjectures, or reasonings, can convince them that a national debt will prove a blessing to the People, that have annually to pay the interest, and must finally pay the principal. Nor do they wish to have the internal revenue destroyed, while any part of the national debt remains.—Those that are called the common people, do every where believe, that domestic economy is under better management than public economy: and that it is always best to pay off our debt as fast as we can."
"The statements of the secretary at war exhibit the military arrangement of the country in a very concise and intelligible manner. If nothing further is necessary in this respect than what Mr. Dearborn, mentions, the military expence cannot be great, nor can the people wish to see it reduced."
"While the administration of any country are careful, vigilant and successful in their attention to the public business, and interest, no man can be worse employed than those who are labouring to embarrass or oppose the constitutional authority and officers; or to lessen their influence and respectability among the people."
PORTSMOUTH:
TUESDAY, FEBRUARY 16, 1802.
In order to lay before the public at one view, the important communication respecting the New-Hampshire Union Bank, we this day give our worthy patrons a Supplement to the Gazette, which exertion we hope will be rewarded with a long list of new subscribers.
FOREIGN SUMMARY.
On the 8th of December, the Minister of Exterior Relations at Paris presented to the First Consul, Mr. Livingston, the envoy extraordinary of the United States of America to the French Republic—also, Mr. Smith, late American Minister to the Court of Lisbon.
At Riga (Russia) on the 4th of November, they experienced a most violent storm—28 vessels were destroyed.
According to the latest news from Egypt, Gen. Menou had not yet embarked with the 4500 French troops that were to accompany him.
Lord Elgin, the English ambassador, was shortly to depart for Egypt in a frigate—Some attribute his voyage to political interests, and some merely to curiosity.
It is said that Gen. Massena has been nominated ambassador to Constantinople, and that he would immediately depart for his place of destination.
Mr. Victor Dupont, formerly French Consul for the Southern States, and a Swiss family of eleven persons, who design to settle on a farm on the banks of the Hudson—came passengers in the Benjamin Franklin, from Bourdeaux, arrived at New-York.
FROM WASHINGTON.
Wednesday, Feb. 3d, 1802,
"The bill for the repeal of the judiciary laws of last session has just now passed the Senate.—Yeas 16—Nays 15.
"There were two members absent yesterday, to wit, Messrs Armstrong and Howard."
"A motion was made by Mr. Rofs, to amend the bill, by excepting the courts established in the third circuit, (in pursuance, I presume, of the representation of the gentlemen of the bar of Philadelphia.) This motion was lost—Yeas 14, Nays, 16. Mr. Calhoun was absent.
Previous to the discussion of Mr. Breckenridge's motion, Mr. Rofs, presented to the Senate, a memorial against the repeal of the Judiciary Law, signed by thirty-two of the most eminent professors of the law in Philadelphia.
Extract of another letter.
"I have to inform you, that the Senate did this evening at a little before six o'clock, take the yeas and nays on the main question for the repeal of the Judiciary, which was carried by one vote. The debate which proceeded it, was highly interesting."
Governor Morris displayed great eloquence and judgment, but all in vain.—The bill will go to the lower house to-morrow, where there is no doubt of its passage by a great majority."
[For the GAZETTE.]
Messrs. Printers, I WAS much pleased at the impartiality of your last Gazette, and more particularly of the two lists of candidates for State officers. For my part, I always held Gov. Gilman in the highest respect until he gave his approving signature (to what in my humble opinion is) an unconstitutional act, intitled, the bank restraining act. From that moment He was condemned in my view as having something rotten at bottom, and that he was influenced from party views; therefore, I feel it my duty as an inhabitant and citizen of the State, strenuously to recommend the following gentlemen to fill the important offices affixed to their names below,
HON. JOHN LANGDON, Governor. LEVI BARTLETT, Esq. Counsellor. JOHN GODDARD, Esq. Senator for District No. 1. BENJAMIN BARNARD, Esq. Senator for District No. 2. JOSIAH ADAMS, Esq. Recorder of Deeds. NATHANIEL FOLSOM, Esq. County Treasurer.
If the above gentlemen are chosen, we have every reason to hope the Union Bank will be incorporated, and of course money will be plenty. But if not, the middling class of people will find it a hard thing to obtain money enough to purchase the necessaries of life, to stop the hungry cries of their dear children, and the entreaties of their bosom friends and connections. Therefore it behoves every one to use all their endeavors to effect so desirable and interesting a change, as will secure to us the important blessing of having the means continued to us, of obtaining our necessary daily food and raiment!—Fellow-citizens, let me intreat you "to be up and doing!" that you may not have cause to repent hereafter, of your cruel negligence!
A FRIEND TO JUSTICE.
For the GAZETTE.
Messrs. Printers, I WISH to recommend through the medium of your extensively circulating Gazette, the following tried Patriots and friends to Federal Republicanism, as candidates to fill the following important offices in this State the ensuing year.
For Governor, His Excellency JOHN T. GILMAN, Esq. For Counsellor, Hon. JOSEPH BLANCHARD, Esq. For Senator, Hon. THOMAS LEAVETT, Esq. For County Treasurer, Hon. OLIVER PEABODY, Esq. For Recorder of Deeds, NATHANIEL PARKER, Esq. "AN AMERICAN."
Extract of a letter from a gentleman of the first respectability at Gaudaloupe, dated Jan. 2, 1802.
"At present every thing is perfectly quiet, and the greatest safety prevails throughout the colony."
Destruction by Wind and Fire!
About the last of December there was the highest wind experienced in the town of Adams in this State, that the oldest inhabitant ever remembered. It carried devastation and destruction all before it, and blew down seventeen houses and barns. In the height of one of those hurricanes the house of Mr. Ephraim Trickey took fire and was entirely consumed with all his furniture, beds, bedding and contents, including above 200 bushels of corn, considerable provisions, and other necessaries of life. By this singular and afflictive Providence this once affluent family is reduced to a state of extreme poverty and distress, we hope the feeling hand of charity and beneficence will be liberally stretched out for their relief and comfort.
To Correspondents.
"A BY-STANDER" is received, and admirable—Party malevolence, personal obloquy, scurrility and abuse will at no time find a place in the Gazette—But pieces of real merit, dictated from pure principles, on either side, will be received with pleasure and meet prompt insertion.
Marine Intelligence.
The Planter, Rindge, from Turks' Island has arrived at Wilmington, (N. C.)
The Brig Gustavus, Blunt, arrived at Jamaica, Jan. 2, from Portsmouth, N. H.
Arrived at Baltimore, Feb. 4. Amy, Morse, Trinidad; markets glutted, flour 10 dolls. sugar 8 a 9.
On the 15th Nov. last the brig Harper, of Kennebunk, put into port St. Antonio, in distress, 15 days from Kingston.—Capt. Moulton had died on the passage.
The brig James and William, of Portsmouth, was at Havre de Grace, Dec. 14, time of sailing uncertain.
SHIP WRECKS, &c.
The Hercules, Story, bound to Hamburg, was stranded near the Elbe, Nov. 3; people and part of the cargo saved.—A number of the Newfoundland convoy, have been wrecked, (Lloyd's List, Dec. 4.)—The Mary, of Charleston, from Petersburg, to New-York, was obliged to cut away her masts the 3d Nov. and is gone to Copenhagen to refit.—A letter from Copenhagen states, that 5 vessels in the Road were obliged to cut their masts, and 15 had run aground near Sandholm and Dragoe.—The Middletown, of Wiscasset, went on shore near Kirkudbright, Scotland.
Cleared at the Custom-House.
Brig Bee, Rice, Hispaniola.
Hymeneal Register.
—MARRIED—
At Cambridge, Mr. Artemas Moor, to Miss Suannah Watson.
At Reading, Mr. Samuel Evans, to Miss Timnah Breed.
At Boston, Mr. Cornelius Coolidge, to Miss Sarah Grant. Thomas M'Clure, Esq. to Miss Mary Wilton. The Rev. Jacob Abbot, to Miss Catherine Thayer.
At Beverly, Mr. Dan'l Cross, to Miss Betty Hammond. Mr. William Gage, to Miss Polly Hales; Mr. Ezra Mann, to Miss Abigail Glover.
Bill of Mortality.
—DIED—
At his seat in Andover, (Mafs.) on Wednesday last, the Hon. SAMUEL PHILLIPS, Esq. Lieutenant Governor of the Commonwealth of Massachusetts, aged 50.
At Salem, Mr. BENJ. WATKINS, jun. aged 18. At Danvers, Mrs. MARY CURTIS, aged 79. At Portland, Mr. JOSEPH SYLVESTER. At Hartford, Widow DORCAS BROWN, aged 95, formerly of Boston. Mr. DAN'L JONES. At Boston, Mr. JOHN BLANCHARD, merchant, aged 32. Mrs. ANN JAMES, aged 47, consort of Mr. Enoch James. Mrs. HULDAH ADAMS, consort of Mr. Caleb Adams.
At Concord, Mr. EPHRAIM CARTER, aged 54—Mrs. DOW, wife of Mr. Moody Dow. At Farmington, on the 2d inst. Mr. MOSES HODGDON, aged 51. The cause of his death was as follows; as he and his son were felling a tree, it took a different direction from what he expected, and fell directly on him, and mangled his body to such a degree that he expired in six hours after; he was a useful, and industrious citizen, and has left a wife, and several children, to mourn the loss of a kind and indulgent husband and parent.
A useful man, while he drew breath, Is snatch'd away by sudden death! Vain are our hopes always to save! This mortal body from the grave!
At Rye, the widow MARY WHITE, aged 81—A person amiable in her disposition, and eminent for her piety.
In this town, Mrs. LANGDON, aged 53, the truly amiable and virtuous consort of Mr. William Langdon. Mrs. ELIZABETH BLUNT, aged 39, consort of Capt. Robert Blunt. Capt. WILLIAM TRETHREN, aged 66. Miss MARGARET BURKE, aged 7.
William Bowles, Painter and Glazier,
RESPECTFULLY informs the public in general, that he has taken a shop in Daniel-Street,
Sign of the Paint-Pot,
Where he carries on the
Painting and Glazing Business,
with neatness and dispatch, and should be happy to receive the commands of a generous public.
HE HAS FOR SALE
All kinds of PAINTS,
dry or ground in Oil, for ship or country use, which will be put up at the shortest notice.
Portsmouth, February 16, 1802.
For Sale, Freight or Charter,
THE brig CAMIL-LUS, burthen about one hundred and twenty-three tons. For terms apply to THOMAS MANNING or JOHN GODDARD, on Portsmouth Pier. Portsmouth, February 16, 1802.
N. S. & W. PEIRCE,
Book-Sellers & Stationers, Have just received (at the Store lately occupied by Mr. John Melcher, corner of Market-Street) an extensive assortment of
Books & Stationary,
By Wholesale and Retail, Among which are the following: LAWS of the United States, Jefferson's Notes on Virginia, Blackstone's Commentaries, 4 vols. Modern Reports, 12 vols. Willich on diet and regimen, Cullen's practice of Phyfic, Bell's Surgery, Tyler on the yellow fever Buchanan's domestic Medicine. Bell on Venereal,—Bell on Ulcers, Saunders on the Liver, American Herbal, Culpepper's English Physician, Aikin on the Cow Pox, Cullin's Synopsis, Hays on Coughs and Colds, Elliot's Medical Pocket Book, Morse's Universal Geography, do Abridgment, do Elements of Geography, do Gazeteers, Guthrie's Grammar, Goldsmith's Animated Nature, 4 vols. Hunter's Sacred Biography, 3 vols. Malham's Naval Gazeteer, 2 vols. Damberger's Travels, Johnson's lives of the Poets, 4 vols. Pope's Works in 6 and 8 vols. Hamilton Moore's Navigation, Blunt's Practical Navigator, American Coast Pilot, Dictionaries of various kinds, Bunyan's Holy War, Hannah Adam's view of Religion, Fuller's Gospel its own witness, do Life of Pearce, Doddridge's Rise and Progress of Religion, Jenkins on Devotion, Orton's Discourses to the aged. Wright's Book of Martyrs, 2 vols. Baxter's Saints everlasting Rest, a volume worth Mines of Gold, and Jewels of Silver. BIBLES of almost all sizes and prices, from 6/ to 18 dollars each. TESTAMENTS for 2/6, 5/3, and 6/ each. The Complete Fortune Teller.
Also, an extensive assortment of Classical and School BOOKS. And a general assortment of STATIONARY.
State of New-Hampshire. Grafton, ff. To Joseph Loomis, Justice of the Peace. THE subscriber being a proprietor owner of more than one sixteenth part of the land in Wales's Location, in said county, request you to warn the proprietors of said Wales's Location, to meet at the house of Simon Drake in Pittsfield, county of Rockingham, in said State, on the second Tuesday of April next, at three o'clock afternoon, to act on the following business. 1st. To choose a Moderator, a Clerk, Assessors, a Collector, a Treasurer, a Committee and all legal officers for their use. 2d. To see how much land they will allow to be pitched on a right, and what method they will take to sever said Location to each original proprietor, and how much money they will raise to defray expences, and to act on all other business which they may think expedient. SAMUEL G. BISHOP. Colebrook, January 9, 1802.
In pursuance to the foregoing request, I hereby notify and warn the proprietors of the above mentioned Wales's Location, to meet at the time, place and for the purposes specified above. JOSEPH LOOMIS, Justice of the Peace. Colebrook, January 9, 1802.
State of New-Hampshire.
Grafton, ff. NOTICE is hereby given to the non-resident proprietors or owners of the following rights of land in Lincoln county of Grafton, State of New-Hampshire, who have not paid their proprietary tax of twelve dollars on each right, voted at a legal meeting held in Peeling, on the 28th day of May last, and committed to me the subscriber to collect, that unless they pay the same to me at my dwelling house in Peeling, on or before the 23d day of March next, so much of each right will be sold at public vendue at ten of the clock on said day, at my dwelling house in said Peeling, as will pay said tax together with incidental charges, viz.
   Dollars.     Jabez Weed, 12   John Adington, jr. 12   Caleb Merrill, 12   the Glebe right, 12   School right, 12   Right for the first settled minister, 12   BENJAMIN BARRON, Proprietors Collector.   Peeling, January 18, 1802.  

Miscellaneous Repository.
WINTER—An Ode.
HOARY Winter now is here, All its dismal signs appear; Wide around the naked trees Stripp'd of all their leaves, one sees; Flora's painted pride is dead; Nature, drooping, hangs her head; Clouds obscure the extended skies; Hark, the Borean blasts arise; See, the naked branches bend; Down the feather'd flocks descend; Pale's the face that nature wears; Snowy white alone appears; Tender fee! the fleecy breed, Want on dewy grass to feed, Dig, amid the driven snow, For the frozen herb below. Round their cribs the cattle crowd, Lowing for their food aloud; Now the treasur'd stores they taste, Just reward for service past. Now no more from silver stream, Sol's reflected sun-beams gleam, But in icy fetters tied, Cease or to purl or glide. Scarce my pen my hand can hold, While I write benum'd with cold. Now my muse, forsook thy lyre, Scenes like these no more inspire; Sullen Winter cease to sing, Wait to hail the jocund Spring.
MORALIST.
THE shortness of life inculcates moderation of desires and affections. Should fear rise to terror, when we know that our heads may be laid before the calamity can burst upon them? Should hope swell to tumult, when it is certain, not only that possession will disappoint anticipation, but that what we obtain will be lost almost as soon as gained? Shall we envy distinctions, which the grave will so soon annihilate? Or is pride a passion for a creature of a day?
AGRICULTURAL.
THE necessity of labor is to be esteemed not a curse, but a blessing to mankind. Labor is a task, kindly imposed by our indulgent Creator, and necessary to preserve our health, our safety and our morals. The first, as well as the most necessary and useful labor or employment is tilling the ground; at the same time, we are not to forget the necessary co-operation of the useful mechanic, particularly the carpenter, the shoe maker, spinner and weaver, the taylor, and above all the blacksmith. Iron is indispensable in every branch of husbandry, and it is equally necessary in the most useful kinds of mechanical business, inasmuch that any nation, that is now in the highest state of civilization and refinement, would in less than a century sink to mere savages, if denied the use of iron. Gold has been often said to have an intrinsic value in it: whereas there is more intrinsic value in a pound of iron than there is in a ton of gold. And here let every farmer, every mechanic, and indeed every man and woman in civilized life, be admonished to render a tribute of gratitude and respect to the memory of Tubal, who was the first forger of iron and the first blacksmith. At the same time, perpetual execration should cleave to the memory of Nimrod, the mighty hunter, who first used, for swords and spears to destroy and enslave men, that precious iron, which the benevolent Author of nature intended for ploughshares and pruning hooks, for useful buildings and tools of mechanics. But to return to husbandry. The first father of the whole human race was a gardener. Adam, even before his apostasy, laboured with his hands; and it was his particular employment to dress the garden of Eden and to keep it.
Consider this, ye conceited coxcombs, who look down with scorn upon the tiller of the ground. Is it for you, you degenerate offspring, to despise the employment in which your venerable father was occupied even in Paradise, and while in the dignified state of innocence? BALANCE.
ANECDOTE.
THE brave, but eccentric Gen. Lee had so little regard to the rules of politeness and civility, that he always spoke his opinion unreservedly, without regarding the offence or pain they might excite. Being one night at Albany, drinking with an old Scotch officer; when he began to be mellow with the wine, he told his companion that he had one fault which he begged him to overlook, which was to abuse the Scotch when he was in liquor. "In troth, replied the officer, I shall readily forgive your fault if you will overlook mine; it is, when I hear any person impertinently abusing Scotland or Scotchmen, when I am drunk or sober, I cannot refrain from laying my cane soundly over his shoulders. Now I will readily pardon your fault, if you will pardon mine." This seasonable hint made the General very polite the remainder of the night.
LEGAL CRITICISM.
NOT long ago an eminent special pleader was at the theatre seeing the play of Macbeth. In the scene where Macbeth questions the Witches in the cavern what they had been doing, their answer, "A deed without a name." This phrase struck the ears of the special pleader much more forcibly than the most energetic passages of the play; and he immediately remarked to a friend who accompanied him, "A deed without a name!—why 'tis void."
The New-Hampshire Gazette Transferred.
THE subscriber having sold all his right, title, and interest in the NEW-HAMPSHIRE GAZETTE, together with all his printing materials, to NATHANIEL S. PEIRCE and WASHINGTON PEIRCE, respectfully solicits the continuance and extension of the patronage of the State of New-Hampshire, and its citizens, to the present Proprietors, of whose abilities and industry, he entertains the highest opinion.
Owing to this transfer, the subscriber is under the necessity of calling on every person with whom he has accounts open for the Gazette or advertisements, to make immediate payment up to the 6th day of February instant, at which period, the accounts of the present Proprietors will commence for the GAZETTE.
J. MELCHER.
Nathaniel S. & Washington Peirce
HAVING purchased of Mr. JOHN MELCHER his whole right, title and firm in the New-Hampshire GAZETTE, together with his whole apparatus of printing materials, respectfully inform the public, that they, the said Nathaniel and Washington, have this day entered into Copartnership, in the Printing and Bookbinding line, and are determined, that neither pains, expense, assiduous attention, nor the most indefatigable industry, shall be wanting on their parts, to make the New-Hampshire Gazette one of the best papers printed in the State. And as said paper now commands a most extensive circulation, not only in the lower towns, but more especially in the interior parts of New-Hampshire and District of Maine, it is thereby rendered a most valuable vehicle for Advertisements of every description, which will always meet early attention and prompt and correct insertion. The landed advertisements and State Laws will be continued in said paper. In addition to all which, it is observed with pleasure, that they have just received information that the New-Hampshire Gazette, has just been appointed by the General Government of the United States, as one of the most proper vehicles, for the promulgation of the Laws of the Union, and that the publication of said Laws will commence in this day's Gazette, and be continued, as regularly and correctly as they shall be received from the Secretary of State.
It is respectfully submitted, whether any other paper in New-England can boast of equal celebrity? as printers to the State of New-Hampshire, and as printers to the United States; the Laws of the Union and of New-Hampshire, will always be found in the Gazette; and the purchase of this one paper, may well supply the place of every other paper; consequently, a great accession of new Subscribers is expected; more especially, as the proprietors of the said firm, avow themselves to be pure AMERICANS at heart, and firmly attached to the General Government of the United States.
The GAZETTE will be continued as usual, to every subscriber, unless special orders to the contrary are received, and they will be considered as much bound to pay for said paper in future, as though they individually subscribed anew with the present Proprietors.
And as they have now taken possession of the stand, lately occupied by Mr. Melcher, at the corner of Market-street, they also inform the public, that they are opening FOR SALE a valuable assortment of
BOOKS
in almost every branch of Knowledge, and polite Literature,
Together with a capital assortment of STATIONARY, &c &c.
They would beg leave to observe, that they are resolved to go largely into the printing of Books, Blanks, &c. and would be highly gratified, in receiving the commands of a generous and enlightened community.
Additional Law!
A few sets of Durnford and East's Reports, in 8 volumes, with an additional volume containing a well digested Index, by F. E. Tomlins of the Inner Temple, also, 2 thin volumes in blue, printed at Dublin, 1801, containing 348 and 132 pages, by E. H. East, the whole eleven volumes are just received at CHARLES PEIRCE'S Bookstore, No. 5, Daniel-street. C. PEIRCE has also a good assortment of other Reports, such as, Burrows, Blackstone, Raymond, Salkeld, Pierce Williams, Strange, Showers, Ambler, Modern Reports, &c. also, Coke on Littleton, and Cooke's Bankrupt Law; Bacon's Abridgement; Espinasse's Nisi Prius; Park on Insurance; Blackstone's Commentaries; Vattel's Law of Nations, Laws of Massachusetts and New-Hampshire; Sullivan's Land Titles in Massachusetts, &c. &c.
Tickets and Quarters in the Amoskeag Canal Lottery, now drawing, for sale as above. February 9.
STOVE—FOR SALE.
A Small Sheet-Iron Stove, new this winter, with 27lb. new furnace, for sale reasonably. Inquire of the Printers.
Hillsborough, ff. To the honorable the Justices of the Superior Court of Judicature, holden at Amherst, in and for the county of Hillsborough, on the first Tuesday of October, A. D. 1801.
MARY MURDOUGH wife of Samuel Murdough, late of Hillsborough, in said county, libels against the said Samuel and gives the Court to understand, that on or about the thirty-first day of May, A. D. 1780, at Hillsborough aforesaid, she was lawfully joined in marriage with the said Samuel, and ever since that time hath demeaned herself towards the said Samuel as a faithful, chaste and dutiful wife, nevertheless the said Samuel in no wise regarding his duty and marriage covenant, on the first day of May last past, at said Hillsborough committed adultery with a certain lewd woman, and hath wholly deserted your libellant, and hath ever since cohabited and still, continues to cohabit with said woman; wherefore your libellant prays that the bonds of matrimony between her and the said Samuel subsisting, may be decreed to be null and void, and that she be divorced therefrom, and that such allowance out of the estate of said Samuel may be decreed her for alimony, as to the said Court shall seem reasonable.
Wm. GORDON, for the libellant.
Hillsborough, ff. Superior Court, October Term, 1801. Ordered by the Court that the petition or notify the said Samuel Murdough to appear before the Justices of the Superior Court of Judicature, to be holden at Hopkinton, within and for the county of Hillsborough, on the first Tuesday of May next, to show cause (if any he have) why the prayer of said petition should not be granted, by causing said petition and order of Court thereon, to be published three weeks successively in the New-Hampshire Gazette, the last publication whereof to be six weeks before said term.
Attest, NATH'L ADAMS, Clerk. Copy examined by NATH'L ADAMS, Clerk.
Hillsborough, ff. To the honorable the Justices of the Superior Court of Judicature holden at Amherst, in and for the county of Hillsborough, on the first Tuesday of October, in the year of our Lord one thousand eight hundred and one;
JAMES CARTER of Hillsborough, libels and gives the said Court to understand, that on or about the twentieth day of November, A. D. 1793, at Hillsborough aforesaid, he was lawfully joined in marriage with one Mehitable Straw, and hath ever since had the said Mehitable for his lawful wedded wife, and in all respects demeaned himself towards the said Mehitable as a good and affectionate husband, nevertheless the said Mehitable utterly disregarding her marriage contract with your libellant, afterwards, on the first day of May last, past, committed adultery with a certain lewd man, eloped from her family and hath ever since cohabited with said lewd person; wherefore for the cause aforesaid, the said James prays that he may be divorced from the bonds of matrimony between him and the said Mehitable subsisting.
JAMES CARTER.
October 6, 1801.
Hillsborough, ff. Superior Court, October Term, 1801. Ordered by the Court, that the petition or notify the said Mehitable to appear at the Superior Court of Judicature, to be holden at Hopkinton within and for the county of Hillsborough, on the first Tuesday of May next, to show cause (if any she have) why the prayer of said petition should not be granted, by causing said petition and order of Court thereon to be published three weeks successively in the New-Hampshire Gazette, the last publication thereof to be six weeks before said term.
Attest, NATH'L ADAMS, Clerk. Copy examined by NATH'L ADAMS, Clerk.
TO BE SOLD BY
Samuel Hill,
At his Store on Spring-Hill, as follows, —VIZ.—
40 Hhds. 2, 3, 4, proof St. Vincents and Tobago RUM. A quantity of SUGAR. COFFEE and COTTON. GIN and BRANDY. IRON HOLLOW WARE. IRON. Halback and German STEEL. GRINDSTONES.
a few English Goods,
which will be sold very cheap for cash, or short approved credit. N. B. Cash and the highest price given for
Shipping Furs.
Portsmouth, December 31, 1801.
STATE OF NEW-HAMPSHIRE. NOTICE is hereby given to the non-resident owners of land in New-Chester, in the county of Grafton, who have not paid their taxes for the year 1801; that unless they pay said taxes to me the subscriber on or before the 19th day of April next, to much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at the dwelling-house of WILLIAM SEARLE, in said town, at ten o'clock, A. M. on said day.
   NAMES OF THE ORIGINAL PROPRIETORS. No. Quantity. Highway Tax. County Tax.    John Gordon, 18 4 100 73 5  Robert Craige, 22 4 100 46 3  Owner unknown, 23 4 100 46 3  John Tolford, 24 4 100 46 3  Stephen Ferrington, 28 4 100 46 3  Solly and March, 30 4 100 46 3  Henry Hall, 31 4 100 46 3  John Aiken, 32 4 100 46 3  Richard Pearle, 38 4 100 58 4  Matthew Thornton, 45 4 100 80 6  James M c Jerison, 48 4 100 58 4  Mat w Livermore, Esq. 75 4 100 80 6  John Mills, 80 4 100 73 5  John Kelly, 81 4 100 73 5  Robert White, 88 4 100 66 5  Josiah Willard, 90 4 100 46 3  John Tolford, jr. 91 4 100 58 4  Samuel Searle, 92 4 100 46 3  Grants to Farm.  { John Coffito, 0 80 46 3  { Geo. Atkinson, 0 80 46 3  { Thomas Packer, 0 80 46 3  Henry Herrin, 8 3 100 58 4  James Moor, 9 3 100 58 4  John Aiken, 17 3 100 58 4  Mark Carr, 18 3 100 80 6  Jeremiah Coleburn, 20 3 100 73 5  Nathaniel Ingalls, 25 3 100 46 3  Solly and March, 26 3 100 29 2  Capt. Thomas Wells, 33 3 100 58 4  Richard Pearle, 34 3 100 58 4  Matthew Livermore, 38 3 100 46 3  James White, 40 3 100 46 3  Timothy Ingalls, 54 3 100 58 4  Thomas Wallingsford, 56 3 100 58 4  John Wentworth, 57 3 100 29 2  Ebenezer Dearborn, 60 3 100 29 2  Jotham Odiorne, Esq. 69 3 100 46 3  Alexander M c Clure, 72 3 100 39 3  Stephen Ferrington, 76 3 100 80 6  Matthew Thornton, Esq. 87 3 100 48 3  ditto, 88 3 100 65 5  John Mann, 92 1 45 66 5  
JOHN SEARLE, Collector. New-Chester, Jan. 23, 1802.
State of New-Hampshire. NOTICE is hereby given to the non-resident proprietors and owners of land in the town of PIERMONT, county of Grafton, State aforesaid, who are delinquent in paying their county and highway taxes for the year 1801, that unless they pay the same to me the subscriber on or before the twenty-fifth day of March 1802, so much of their lands as will pay the said taxes, with incidental charges, will be sold on said day, at public vendue, at my dwelling-house in said Piermont, at ten o'clock in the forenoon, unless prevented by previous payment.
   Original Grants and Owners of LANDS. No. Quantity. Highway Tax. County Tax.    How. Henderson, 4th div. 35 0 160 68  John Wentworth, 4th div. 20 0 160 54  Clement March, 4th div. 54 0 160 54  Witeman Clagget, 2 0 100 36  Ezekiel Worthen, 4th div. 22 0 160 36  J. Montgomery, 4th div. 19 0 160 36  Maj. Joseph Smith, 2 0 100 36  Jonathan Carlton, 6 3 100 36  Charles Paxton, 7 3 100 46  Maj. John Wentworth, 4th division, 14 3 100 54  Robert Auchmety, 49 0 160 68  4th division, 14 0 160 68  Zeb n Geddens, house lot, 12 0 45 18  Nathan Whiting, 3 4 100 36  4th division, 40 0 160 68  Andrew Wiggins, 6 4 100 72  George Frost, 4th division, 53 0 160 54  Robert Temple, 11 4 100 36  4th division, 41 0 160 47  House lot, 33 1 45 18  John Temple, 8 5 100 72  4th division, 37 0 160 54  John Page, 4th division, 2 0 160 47  Daniel Warner, 4th div. 16 0 160 26  Wm. Whiteman, 4th div. 1 0 160 47  Poor's land, common, 0 0 50 23  Daniel Clark, 9 0 160 47  
WILLIAM TARLTON, Collector. Piermont, Jan. 14, 1802.
State of New-Hampshire, Rockingham, ff. NOTICE is hereby given to the non-resident owners of land in the town of RAYMOND, in said county, who have not paid their taxes for the year 1800, that so much of their land as will pay said taxes with incidental charges, will be sold at public vendue at the dwelling-house of SHERBURNE BLAKE, in said Raymond, on the twelfth day of April next, at ten of the clock in the forenoon, unless prevented by previous payment.
   Names of Proprietors. No. Quantity. Highway Tax. County Tax.    Daniel Brown, Poplin, 0 13 32 18 5 27  Elisha Brown, ditto, 8 18 10 3 95  Steph n Lufkin, Chester, 30 7 18 10 39  Wid e E. French, do. 25 0 0 14 4  Benjamin Hills, do. 19 0 0 2 12  J. Robinson, Brentwood, 50 10 24 73 43  John Smith, do. 0 13 32 18 5 36  Caleb Smith, do. 20 0 0 2 12  Abraham and Isaac Sanborn, Kingston, 30 18 43 24 3 0  Jonathan and Peter Eastman, do. 0 9 21 12 3 24  John Norton, Chester, 60 13 31 17 5 54  
JEREMIAH FULLINGTON, Coll. Raymond, Jan. 4, 1802.
THE Shop at the head of Market-street, lately occupied by Washington Peirce as a Bookstore, is now to let, and may be entered upon immediately. Inquire of the printers.
STATE OF NEW-HAMPSHIRE. County of Grafton.
NOTICE is hereby given to the original proprietors and owners of lands in the town of LANDAFF, in said county, that a tax of TWO DOLLARS and FIFTY CENTS was assessed on each original right or share, agreeable to a vote of said proprietors, passed the 6th day of August, A. D. 1800; that so much of said lands will be sold at public vendue, at the dwelling-house of Jonathan Noyes, inholder in said Landaff, on the second Tuesday of April next, at 9 o'clock in the forenoon, as will pay said tax with incidental charges, unless prevented by previous payment; the names of the original proprietors are as follows, viz.—James Avory, John Grigg, John Fancher, Abraham Weed, Thaddeus Bell, Jonathan Bell, Samuel Bates, John Bates, Eliphalet Sealey, Gushom Bates, Jeremiah Andrews, Josh h Stevens, Elifha Lead, Robt t Andrews, James Talmadge, Jacob Stevens, Job Bishop, Ephraim Smith, Jorad Lead, John Waterbury, Thomas Waterbury, John Holmes, John Holmes, jr. Samuel Penoye, John Newman, Cary Lead, Isaac Hoyt, Benjamin Taylor, Abraham Andrews, John Bowton, Dan l Bowton, Walter Norris, Ezekiel Hawley, Nathaniel Reynolds, Joshua Loonsbury, John Gregg, Sam l Gregg, Henry Gregg, Wm. Gregg, Isadore Bush Gregg, Nathaniel Sherwood, Thos s Close, Joseph Benndick, Nath l Mead, Nathan Rynold, jr. Edward Bush, Shubel Bush, Timothy Wood, Jona. Hobby, jr. Julius Knapp, Theophilus Peck, Reuben Green, Samuel Ferris, Joseph Wood, Ezekiel Finch, jr. Ebenezer Finch, Jona. Knapp, jr. Joshua Knapp, jr. Ebenezer Seamore, John Holmes, Nathaniel Barrell, James Nevins, Mark H. Wentworth, Joseph Newmarch.
EZRA CHANDLER, Collector. Landaff, Jan. 27, 1802.
To Philips White, Esq. proprietors clerk for the township of Warren, in the county of Grafton and State of New-Hampshire.
WE the subscribers, owners of one sixteenth part both of the divided and undivided land in said town, request you to warn a meeting of the proprietors or owners of land in said town, to meet together on Friday the 28th day of May next, at the dwelling-house of William Butler, Esq. inholder in said town, at 2 o'clock in the afternoon, to act on the following articles, viz.
 1st. To choose a Moderator.  2d. To choose Agents to settle a dispute between the proprietary of said Warren and the proprietary of the township of Coventry, respecting the line between said towns, and to give them such power as they may think proper.  3d. To choose an Agent or Agents to examine respecting the bounds and lines between Warren and Peeling, and give him or them such power as they may think proper.  4th. To vote what sum of money they will raise to defray charges, &c.  5th. To choose Assessors and a Collector. 
WILLIAM HACKET, GILMAN WHITE, DAVID CURRIER, MOSES BROWN, for the estate of SAMUEL WHITE, Esq. deceased. RICHARD WHITE, for STEPHEN GORHAM. Jan. 15, 1802.

National Legislature.
SENATE OF THE UNITED STATES.
JUDICIARY ESTABLISHMENT.
WEDNESDAY, JAN. 13.
MR. MASON, of Virginia.—I feel some degree of embarrassment in offering my sentiments on a subject so fully and so ably discussed. I believe that the ground taken by my friend from Kentucky has not been shaken by any arguments urged in opposition to the resolution on the table. Yet as some observations have been made calculated to excite sensibility not here, but abroad ; as they appear to have been made with a view to that end ; and as an alarm has been attempted to be excited on constitutional ground, I think the observations ought not to go unnoticed.
I agree with gentlemen that it is important in a well regulated government that the judicial department should be independent. But I have never been among those who have carried this idea to the extent, which seems at this day to be fashionable. Though of opinion that each department ought to discharge its proper duties free from the fear of the others, yet I have never believed that they ought to be independent of the nation itself. Much less have I believed it proper, or that our constitution authorizes our courts of justice to control the other departments of the government.
All the departments of a popular government must depend in some degree on popular opinion. None can exist without the affections of the people, and if either be placed in such a situation as to be independent of the nation, it will soon lose that affection which is essential to its durable existence.
Without, however, going into an enquiry of what kind of organization is most fit for our tribunals, without enquiring into the fitness of making the judges independent for life, I am willing to enter into a consideration, not of what ought to be, but of what is.—Whatever opinion I may individually entertain of the provisions of the constitution, relative to the judiciary, sitting here under that constitution, I am bound to observe it as the charter under which we are assembled.
When I view the provisions of the constitution on this subject, I observe a clear distinction between the Supreme Court, and other courts. I am sensible that when we come to make verbal criticisms, any gentleman of a sportive imagination may amuse our fancies by a play upon words. But this is not the way to get rid of a genuine construction of the constitution. With regard to the institution of the Supreme Court the words are imperative ; while with regard to inferior tribunals they are discretionary. The first shall ; the last may be established. And surely we are to infer from the wise fages that formed that constitution, that nothing was introduced into it in vain. Not only sentences, but words and even points elucidate its meaning. When, therefore, the constitution, using this language, says a supreme court shall be established, are we not justified in considering it as of constitutional creation ; and on the other hand, from the language applied to inferior courts, are we not equally justified in considering their establishment as dependent upon the legislature, who may from time to time ordain them, as the public good requires. Can any other meaning be applied to the words "from time to time" ? And nothing can be more important on this subject than that the legislature should have power from time to time, to create, to annul, or to modify the courts, as the public good may require—not merely to day, but forever ; and whenever a change of circumstances may suggest the propriety of a different organization. On this point, there is great force in the remark of the gentleman from Georgia, that among the enumerated powers given to Congress, while there is no mention made of the supreme court, the power of establishing inferior courts is expressly given. Why this difference, but that the supreme court was considered by the framers of the constitution as established by the constitution ; while they considered the inferior courts as dependent upon the will of the legislature.
We find the phrase from time to time in another part of the constitution. The 3d sect. of the 2d art. says the President shall, from time to time, give to the Congress information of the state of the union. That is he shall occasionally as he sees fit, give such information. So shall congress occasionally, as they see fit, establish, annul or regulate inferior courts, accordingly as the public welfare requires. The arguments of gentlemen go upon a mistaken principle. They express the liveliest sympathy and commiseration for this poor, this weak department of the government. They tell us the judges have a vested right
to their offices, a right not now derived from the law, but from the constitution ; and they assimilate their case to that of a public debt ; to the right of a corporation ; a turnpike company, or a toll bridge. But is not all this reasoning predicated on the principle that the courts are established, not for the public benefit, but for the emolument of the judges ; not to promote the interests of the people, but to further the interests of the judges ; not to administer justice, but for their personal aggrandizement. I believe that a government ought to proceed upon different principles. It ought to establish only those institutions which the good of the community requires ; when that good ceases to need them, they ought to be put down, and of consequence the judges should hold their appointments so long and no longer, than the public welfare requires.
If the arguments now urged be correct, that a court once established cannot be vacated, we are led into the greatest absurdities. Congress might deem it expedient to establish a court for particular purposes limited as to its objects or duration. For instance the United States has taken possession of the Mississippi Territory, rightfully or not, I will not pretend to say. This territory has been heretofore in the hands of various masters, viz. France, England, Spain and Georgia ; and it is now possessed by the United States.
All these governments except the United States, made certain grants of land in the territory, and certain settlers spread their conflicting patents over the country. These different titles will open a wide field for litigation, which will require able tribunals to decide upon. Suppose then Congress should establish special tribunals to continue for three, four, or five years, to settle these claims. Judges would be appointed. They would be the judges of an inferior court. If the construction of the constitution now contended for be established, what would the judges say, when the period for which they were appointed expired ? Would they not say we belong to inferior courts ? Would they not laugh at you when you told them their term of office was out ? Would they not say, in the language of the gentleman from New-York, though the law that creates us is temporary, we are in by the constitution ? Had we not heard this doctrine supported in the memorable case of the mandamus, lately before the supreme court ? Was it not there said that though the law had a right to establish the office of a justice of the peace, yet it had not a right to abridge its duration to five years ; that it was right in making the justices, but unconstitutional in limiting their periods of office ; that being a judicial officer he had a right to hold his office during life (or what is about the same thing) during good behaviour, in despite of the law which created him, and in the very act of creation limiting his official life to five years.
I may notice another case more likely to happen, to shew the absurdity of this construction. Congress have assumed jurisdiction over the Mississippi Territory, and have established a court composed of three judges, which court is as much an inferior court, as the circuit or district courts. Of this jurisdiction Georgia denies the validity. The contest is in a train of settlement. Suppose it shall turn out that the United States are convinced of the injustice of their claim, relinquish it, and restore the territory to Georgia, what becomes of the judges ? Their offices, their duties are gone ! Yet they will tell you we are vested with certain constitutional rights of which you cannot deprive us. It is true the territory is no longer yours. You have no jurisdiction, and we have no power ; yet we are judges by the constitution. We hold our offices during good behaviour, and we will behave well as long as you will let us. Is not this a strange situation ? You have judges in a territory over which you have no jurisdiction ; and you have officers which are perfect sinecures, pensioners for life. Such an absurdity I am sure the constitution never meant to justify. It is an absurdity equally repugnant to the letter and the genius of the constitution.
Suppose another case. Suppose what I trust will never happen, a war should take place. Suppose that a part of the United States should be conquered, and that we should be compelled to cede it to a foreign nation. In this district your jurisdiction is gone ; your power is gone ; the office of a judge is destroyed, and yet the officer holds his appointment for life : this case may be considered as inapplicable to the United States. It may be said that we have no right to cede a state or a part of a state. But I believe a different sentiment has been entertained, and perhaps in this house.
But suppose this event to occur in relation to territory not attached to a State. Suppose the government should find it necessary to establish an inferior court in an island of Lake Superior ? Suppose it should be the fortune of war to place in the pos-
session of the enemy, one of the States ; and the question shall be, will you give up this territory in the frozen regions of the lakes, or suffer the State to remain in the possession of the enemy, you being unable to take it from him ? If you give up the territory, your court is annihilated, yet the judges claim a tenure in their offices for life ; and this in a country that no longer belongs to you—does not such a result strike every mind as absurd ? It is not apparent, that whatever claim such men might have upon the generosity of the government, they can have no claim to offices that do not exist. Nay, further, it might upon the construction now contended for be insisted, that the Constitution forbids you to make a peace upon those terms ; that by ceding an inconsiderable territory which you did not want to secure a whole state, you would abolish the office of a judge, which the legislature had there created ; that this would be an express violation of your Constitution ; and therefore you must leave a whole State in the possession of the enemy, unless this judge would give you leave to make terms by resigning his office.
I believe, fir, that we should not differ much, if we came to a proper understanding of the true principle on which this question depends. If we establish the principle, that from the nature and essence of public institutions, they are made for the good of the people, and not for that of the individual who administers them, we shall experience no difficulty. Gentlemen, in speaking of a judge, had emphatically called it his office. But it is not his office, but the office of the people. He is only the person appointed to perform certain services required by the public good, and when those services are no longer necessary for that public good, his duties are at an end, his services may be dispensed with, and he ought to retire to private life.
The case had been assimilated to a bridge. But he who builds a bridge, does a public good, that entitles him to a growing remuneration for ever. But here the good is temporary. The truth is, the judge is more like the man who collects the toll, and who receives the promise of an annual payment, as long as he discharges his duties faithfully.—But a flood comes, and sweeps away the bridge ; will the toll gatherer, like the judge, contend, that tho' the bridge is gone, and the owner ruined, that he shall, notwithstanding, receive his compensation for life, tho' he cannot continue those services for which his annual stipend was to be the compensation and reward.
But it would seem that the argument urged on this occasion, and the general course of our legislation, had been grounded more on the convenience and emoluments of those appointed to office, than on grounds of public utility.
First we appointed six judges of the Supreme Court, divided the United States into three Circuits, two judges to ride each Circuit, in which with the District judge to form a Court. The law fixed the duties and the compensation, and gentlemen of the first character were ready to accept the places. The salaries indeed had been then thought high ; in some parts of the Union they were thought enormous. But a little time passed before they complained of the hardships of their duties ; and the law was altered, not so much for the public good, as for their personal convenience. Where two judges were required to hold a Court, one was now declared sufficient. Thus you continued their full salaries, while you lopped off half their duties. Shortly after you assigned them under the pension law, inconsiderable duties ; and they, refused to perform them. Thus while they shewed themselves ready to abate of their duties, they adhered to their salaries. Next came the law of last session, which takes away all their duties. It leaves them simply a Court of Appeals. And what have they got to do ? To try 10 suits ; for such is the number now on their docket, as appears from a certificate just put into my hands ; and the average number on their docket amounts to from 8 to 10. Thus for the trial of the immense number of 8 or 10 suits, you have six judges ; one with a salary of 4,000, and five others with salaries of 3,500 dollars each.
I fear that if you take away from these judges, that which they ought officially to do, they will be induced from the want of employment, to do that which they ought not to do ; and if they have no good to do, they may do harm. They may be induced, perhaps, to set about that work gentlemen seem so fond of. They may as gentlemen have told us, hold the Constitution in one hand, and the law in the other, and say to the departments of Government ; so far shall ye go and no farther. This independence of the Judiciary so much desired, will I fear, fir, if encouraged or tolerated, soon become something like supremacy. They will, indeed, form the main pillar of this goodly fabric ; they will soon become the only remaining pillar, and they will presently be-
come so strong, as to crush and absorb all the others into their solid mass.
We have been told that, no State in the Union has presumed to touch the Judiciary establishment, excepting the State of Maryland. I will not answer for others ; but with respect to Virginia, I will answer, that she has touched it. Her constitutional provision for the independence of the judges, is nearly similar to that of the United States, and yet she has established, modified, and entirely put down particular departments of her system.
[Here General Mason went into a particularization of the different changes the judiciary system of Virginia had undergone.]
After the particularization, General Mason proceeded :
And yet our judges who are extremely tenacious of their rights, did not complain. They thought, as I think, that they should not be removed from their offices that others might be placed in them ; and that while they did continue in office, their salaries should be preserved to them.—And I believe the whole of our constitutional provision amounts to this ; that unlike other officers appointed by the President, they shall not be removed by him ; that their salaries shall not be diminished by the Legislature ; and that while the Legislature may continue, any particular judicial establishment under which a judge is appointed, he shall hold that appointment in defiance of both the other departments of Government. A judge may say, I am not to be turned out of office by the President on the one hand, or starved by the Legislature on the other. He may say to the Legislature or the President, and to both of them combined ; you shall not turn me out of this office as long as it exists, to gratify your enmity to me, or your favouritism to any other person ; so long as the interest and convenience of the people require this institution, they are entitled to my services, they shall have them, and I will be paid for them to the utmost farthing, in spite of your displeasure or caprice.
Notwithstanding the remarks of gentlemen, I am inclined to think these ideas of the extreme independence of the judges, and the unlimited powers of the Legislature, are not very old, but that they are of modern origin, and have grown up since the last session of Congress. For in the law passed last session, that very law which it is now proposed to repeal, is to be found a practical exposition in direct hostility with the principle now contended for, which does not betray that sacred regard for the office of a judge, that is, on this occasion professed : In that very law will be found a clause which abolishes two District Courts. The 24th Sec. says expressly, "the District Courts of Kentucky and Tennessee, shall be and hereby are abolished." Will gentlemen tell this house how this express provision came into the act of the last session ; and will they say that tho' they voted for this law, yet no power exists in the Legislature, to abolish a Court. It is true, that it has been said, that though you put down two District Courts, you promoted the officers by increasing their salaries and making them judges of the Circuit Courts ; but the fact is, you have abolished their offices ; they are judges no longer of the Districts of Kentucky and Tennessee : and they are to every purpose, whatever may be their names, in reality Circuit judges. Though you have not lessened their salaries, you have deprived them of their offices. However, therefore, gentlemen may calculate as to the benefit or injury done these two judges, the principle is not affected by any result—their offices are gone.
It is not enough to say, that though you destroyed their offices you offered them others with higher salaries. You took away from them, in express terms, their offices by abolishing the offices.—You had stripped them of their offices, you had robbed them of their vested right , and then to make friends, offered them a compensation ; but whether the compensation thus offered for the deprivation they had suffered was really equivalent to their loss, is a mere matter of calculation, and does not affect the constitutional principle. It is proper however to observe, that they were no parties to the proposed compromise, and that indeed they had no choice left them. They were obliged to accept of what you offered them or have nothing. If they did not agree to become judges of the newly organized circuit courts, they could not remain judges of the district courts, for these courts were absolutely and completely abolished.
Were I, Mr. President, to make a calculation on the comparative increase of duties and additional salary, in the case of one of those gentlemen (Judge Innes of Kentucky) I should have no hesitation to say, that the bar-
gain which has been made without his consent, and without his being a party to it, is a very bad one for him. Knowing too his particular situation, I am persuaded that if the law had left him any election between his former and new situation, he would have preferred remaining where he was, and without a moment's hesitation, he would have rejected your proffered promotion, as it is called. This gentleman resides within a few miles of Frankfort, where as district judge of Kentucky he held his Court. Attached to domestic life, and enjoying all its felicities ; engaged in and pleased with agricultural pursuits, he was never under the necessity even during the sessions of the Courts, to sleep out of his own bed for one night, or to be separated a single day from his family. He could every morning give direction for the management of his farm, and return early enough in the evening to see whether his orders were executed.
How is he situated under the change which has been forced upon him ? Instead of attending one Court almost at his door, your late law requires him to attend four. The nearest is at Baird's town, fifty or sixty miles from home.—You oblige him to travel through dreary and inhospitable regions, to the North-Western Territory, something short of an hundred miles ; and much greater distances to, and through still worse countries, Knoxville, and Nashville, in Tennessee. In going from one to the other of those last mentioned places, he will have to pass through the country of the Cherokee Indians, nearly one hundred miles over the Cumberland mountains, where he will be exposed to every inclemency of weather, without a shelter to retire to, for there is not a house or a hut in the whole journey ; a journey in which all travellers are obliged at all times, and of unavoidable necessity, to sleep one night at least, and from the fall of rains, and rise of water courses, often many nights, without a roof to cover them from the beating of the storm ; and moreover where they are liable at every step to be robbed by the Indians, as I myself experienced passing through it at wilderness. Can it be supposed, that the five hundred dollars added to the salary of judge Innes, should, by a person situated as he was, be deemed a sufficient compensation for the additional duties, the toils, the dangers and the deprivations, to which that law subjected him ? In continuing to serve his country, I am sure he must have been influenced more by a sense of duty, than a regard to private interest ; or, a belief, that the change was in any respect advantageous to him.
By the 7th Sec. of the law of the last session, which transforms the District into Circuit Courts, which melts down the judges, and reconstitutes them, it is enacted, That there shall be a Circuit Court, composed of one new circuit judge and two old District judges, to be called the Sixth Circuit. Have you not then established a new office, by the destruction of the old one ? Have you not done more ? Have you not violated the Constitution, by declaring by law, who shall fill this new office ; though the Constitution declares, Art. 2d, Sec. 2d, That the President shall nominate, and by and with the advice and consent of the Senate shall appoint all officers which shall be established by law.
Where were these guardians of the Constitution ?—These vigilant centinels of our rights and liberties, when this law passed ? Were they asleep upon their post ? Where was the gentleman from New-York, who has on this debate made such a noble stand in favour of a violated Constitution ?—Where was the Ajax Talemon of his party, or to use his own more correct expression, the faction , to which he belonged ? Where was the hero with his seven fold shield ? Not of bull's hide—but of brass—prepared to prevent or to punish this Trojan rape, which he now fees meditated upon the Constitution of this country by a wicked faction ? Where was Hercules, that he did not crush these den of robbers that broke into the sanctuary of the Constitution ? Was he forgetful of his duty ? Were his nerves untrung ? Or was he the very leader of the band that broke down these constitutional ramparts ?
I shall now, fir, trouble you with a few remarks on the expediency of repealing this law. It has been said, that there is nothing peculiarly disagreeable in this law ; that there has been no public clamor excited against it ; that it was enacted with solemnity on calm and deliberate reflection ; and that time has not been yet given to test it by experience.
As no member, who has taken part in debate, was a member of this body when the law passed, I will say something of its history. I am not disposed to excite the sensibility of gentle-

men by any remarks which I shall make, or call up unpleasant recollections of past scenes. But when I heard it said, that this law was passed with calmness, after a mature reflection, and that we are now in a fit of passion going to undo what was thus wisely done, I think it necessary that the public should have a correct statement.
It is true, that under the last administration, when there existed (what I trust will never in an equal degree exist again) an immoderate thirst for Executive patronage, a proposition was made to establish a new Judiciary System; a system worse than the present; as it proposed, according to my recollection, 38 judges instead of 16. This law was very near passing. It was however rejected in the House of Representatives, by a very small majority. But it was circulated as a project of a law among the people. It was ill received. It was thought too rank a thing, and met with general disapprobation throughout the United States, as far as I have been able to learn. After this reception it was softened down to the plan introduced at the last session. What temper accompanied the progress of the bill, in the other house, I know not, or if I did know, would it be proper for me here to say? But with respect to the acts of this body, I am not of opinion that they added any dignity to our common course of procedure. The bill was referred to a committee, who, though it was very long, reported it without any amendment. Various amendments were offered, some of which were admitted to be proper. But they were not received. One indeed proposed by a member from Connecticut, who was Chairman of the committee, and was then hostile to the plan, did pass in the early stages of the bill; but on the third reading it was expunged. All the amendments proposed by the minority were uniformly rejected, by a steady, inflexible and undeviating majority. I confess that I saw no passion, but I certainly did see great pertinacity; something like what the gentleman from Connecticut had termed a holding fast. No amendments were admitted; when offered we were told no; you may get them introduced by a rider or supplementary bill, or in any other way you please; but down this bill must go—it must be crammed down your throats; this was not the precise phrase, but such was the amount of what was said.
[Mr. Mason's Speech concluded in our next.]
House of Representatives.
MONDAY, JAN. 23.
Gen. Smith from the committee of commerce and manufactures reported a bill to allow drawback on goods re-exported to New Orleans, which was committed to the committee of the whole house, and made the order of the day for to-morrow.
A report from the same committee on the petition of John C. Kemp and others, recommending that they have leave to withdraw their petition. Granted.
A letter was received from the Secretary of the Navy, covering copies of instructions given to the commanders of vessels. They were furnished in compliance with a resolution offered by Mr. Randolph, and regarded the subject of French prizes. The instructions were ordered to be printed for the use of the members.
A letter was received from the Secretary of State enclosing instructions on the same subject. Ordered to be printed.
Mr. Bayard called up the resolution he laid on the table some days ago, that the Secretary of the Treasury should lay before them in detail the expenses of collecting the internal taxes.
Messrs. Bayard, T. Morris, Griswold, Huger, Rutledge and Goddard, spoke in favour of the resolution, no one spoke against it.
The question was taken by ayes and noes, and lost. Ayes 37, noes 57.
A report was read from the Secretary of the Treasury, to whom was referred a petition respecting paper money, omitted by resolve of Congress in 1780, the interest on which was promised to be paid in sterling bills of exchange. Ordered to be printed.
The house went into committee of the whole on the bill, regulating foreign coin, &c. Mr. L. R. Morris in the chair. The bill was amended and the committee rose and reported it to the house.
TUESDAY, JAN. 26.
A bill for revising and amending the acts on naturalization, was reported. Ordered for Friday.
Several petitions from hatters were presented. A petition was presented for a duty on imported sea-coal.
The bill for the government of the District of Columbia, was debated. It proposes a peculiar legislature, and Governor.
The Foreign-Coin Bill passed. The committee of the whole disagreed to the report of the select committee on the petition of Mr. Jones.
WEDNESDAY, JAN. 27.
The bill for the relief of Samuel Dexter, was read a third time.
THURSDAY, JAN. 28.
The house took up the resolutions respecting Lt. Serret.
The bill authorizing the payment of debentures on goods exported to N. Orleans, was ordered for a third reading.
Domestic News.
CHARLESTON, Jan. 19.
ON the 7th inst. the Governor of Cuba gave notice by Proclamation, that all foreigners who are not authorised to reside in that island in conformity to the laws, shall depart from it in one month from that day, those who do not, will be treated with the severity accustomed. Those who have accounts unsettled for the introduction of provisions and other articles during the war, in neutral vessels, are to be allowed two months to settle them, reckoning from the 11th of December, which he says, is sufficient time to bring them to a conclusion.
WASHINGTON, Jan. 29.
Thirteen of the Shawanese and Delaware Indians, with two interpreters, are here on business with the President.
MELANCHOLY.
Extract of a letter from Commodore DALE, to the Secretary of the Navy, dated Straits of Gibraltar, Oct. 26, 1801.
"It is a painful task for me to inform you of the sad catastrophe that happened to the cutter, a boat belonging to the President, and the officers and men who were in her, on the 22d instant;—being a very fine morning, I sent her over to Gibraltar with a letter to Mr. Gavino, requesting him to have the articles ordered for the ship in readiness, as I expected to be over with the ship in two or three days. The boat left Gibraltar on her return back, at 11 o'clock, A. M. By this time the wind was blowing very fresh, the boat by some means was overset, and every soul on board was lost except one man, whom I have not seen as yet.—The officer was a lieutenant of the officers and men that were lost. It is something surprising that the boat was not seen to overset either from Algeciras or Gibraltar, as it is not more than five and an half miles across, and the accident took place between 2 and 3 o'clock."
Lift of men lost in the President's boat. John M. Clagget, lieutenant; Elias Willis, midshipman; John Street, coxswain; John Evans, seaman; John Miles, do. Jacob Dodge, do. William Smith, do. Thomas Bragg, do. William Maybrook, do. Joseph Dickson, do.
The name of the man saved, is not mentioned.
The Editor of the National Intelligencer, has received a Gibraltar paper of the 23d Oct. which says,
"One of the men on board (George Hamell) swam on shore to the Old Mole head. He supposes all the rest perished. Two bodies have since been washed on shore at this place."
Extract of a letter from Madrid, dated Nov. 6, 1801.
"Several of our merchant vessels, which had been captured and carried into Algeciras by Spanish armed boats or vessels, have been set at liberty; but no compensation has been allowed for the great losses and damages occasioned by their unjust detention."
PHILADELPHIA, FEB. 1.
The Council of Prizes, at Paris, has ordered the restitution of the American ship Amelia, taken by a French privateer, with her merchandise and effects, in the same state they were found when taken, to the Captain of the said ship Amelia, deducting therefrom the expenses which have been paid by the captors for the preservation of the ship and cargo. On application for damages and interest the parties were non-suited.
BOSTON, Feb. 11.
LEGISLATURE OF MASSACHUSETTS. The subject of the "Maryland Resolutions," agreeable to the report of a joint Committee, appointed to examine it, has been referred to the next legislature.
It was yesterday agreed, that a committee consisting of one person from each district, should be raised for the purpose of distributing the Commonwealth anew, in order to apportion the representation to Congress, agreeable to the late census. The choice is to take place this day.
By a report lately made to the Legislative Body of France, it appears to be the intention of the French Government, that in Guadalupe and St. Domingo, where the blacks have been declared free by law, they shall remain so; but that in Martinique, Isles of France, and Bourbon, slavery not having been abolished, shall be maintained. The report mentions, that an army and a fleet being destined for St. Domingo, &c. tranquility will be restored; and prudence and wisdom will bring about cultivation and industry; but that experiments in favour of the freedom of the blacks, had cost humanity too much blood to be repeated again.
Toussaint has published a very spirited address to the citizens of St. Domingo, on the subject of the reports, that an armed force was destined from France, to reduce them to bondage. He says he has received no official information on the subject; and appears to doubt the fact. "More confident," says he, "in the principles of the honor and equity of the French government, it never will enter into my heart to suppose it capable of the licentious project imputed to it." After adducing a variety of considerations to show that such could not be the intention of France, he adds, if it be true, he shall have nothing to do, but to resign his vengeance into the hands of God. "I am a soldier;" he says, "I dread not man; I fear God only. If death must ensue, I shall die like a soldier of honor, who has nothing wherewith to reproach himself."
There has been tried, in the Circuit Court of the United States, at Philadelphia, a cause,
which has, for some time past, attracted the attention of the commercial interest. It was an amicable suit, entered to try the validity of three voluntary consignments made by Peter Bligh, previous to his bankruptcy. By those consignments the whole of his property was conveyed to certain gentlemen, for the benefit of his creditors; but with certain preferences and conditions which were highly prejudicial to the bulk of them. After an able argument, by Mr. Lewis, in favor of the validity of the assignments, and by Mr. Tilghman and Mr. Rawle, against it, the court gave a clear and pointed charge to the jury, who, by their verdict, rendered this morning, have found the assignments to be void. [Phil. Gaz.]
Capt. White, of the brig Minerva, arrived at Baltimore, from the Havanna, informs, that previous to the 12th January, the intended time limited by Government, for the admission of foreign ships, 70 sail of American vessels had been permitted to enter. It was generally believed, that after that date, no further permission would be granted.
FROM WASHINGTON,
We learn, that on the 2d inst. Mr. Brackenridge was to make a motion for the discharge of the Committee to whom the subject of the Judiciary has been referred!!!
A law, passed by the Pennsylvania Legislature, declaring that no person shall hold an office under the General Government, and that of that State, has been negatived by Gov. McKean.
The Legislature of New-York, has agreed to attend the Federal Constitution, so that the Electors of President and Vice-President shall be chosen by Districts in each state, and the votes of the Electors shall designate which are for President and which for Vice-President.
In Virginia there are of chariots, phaetons and coaches, 666, in Massachusetts, 99. In the former there are of chaise with tops one, in the latter 396. Duties on refined sugars Virginia pays nothing, Massachusetts 5610 72.
John Tayler, Esq. of Albany is appointed Regent of the New-York University, Mr. Benion having resigned. Ambrose Spencer, Esq. is appointed Attorney General, vice Mr. Hoffman resigned.
The French squadron for the West-Indies failed from Brest about the 20th of December, and it was said they were to be joined by Spanish and Dutch squadrons.
The Port of Laguire, it is said, was shut against American vessels on the 8th of Jan. Foreigners have been ordered to depart from the island of Cuba.
William Cobbett, having differed with his brother Proprietors on the subject of the late Peace, is no longer concerned in the publication of the London Porcupine.
A Mammoth Ox passed through Newburyport last week. He is nearly 8 feet high; his extreme length 11 feet; 5 years old; supposed to weigh between 1500 and 2000 pounds.
DEDHAM COURT.
Messrs. D. Sike, I. Whiting, R. Farrington, E. Fairbanks, Jun. N. Davis and S. Gay, were indicted for the rescue of Jason Fairbanks and tried the last week at Dedham. Messrs. Farrington and Whiting were acquitted. Sike, Fairbanks and Davis were convicted. The two former were sentenced to four months imprisonment, the latter to two. Gay is absent, Stephen Fairbanks was indicted, but discharged on account of his youth. A bill was also found against the two negroes (Cotton and Hampson,) but they were admitted as evidence. Dukeham was admitted as an evidence and afterwards discharged. A bill was found against the Deputy Jailer; and a bill against Dr. Kittridge for perjury. Trials postponed.
Mr. John Fowle, of Enfield, N. H. in sliding from a hay-mow, pierced his side with the handle of a pitchfork; and his life is despaired of.
Two barns have been destroyed at Goshen, by fire purposely set to them by a boy, who has since been imprisoned.
PORTLAND, Feb. 8.
By an arrival from Europe, we learn, that the French Counsellor of State, says, his nation has saved eighty millions of livres by being exonerated from any demands for Spoliations on the American commerce. The French Tribunal ratified the American Treaty, 84 votes to three. The French Minister has written to the Commissioners of Ports, that the merchants of France shall not be allowed to purchase foreign shipping.
AUGUSTA, Feb. 5.
FEDERAL REPRESENTATIVE. Precepts have been issued for a new trial for the choice of a Representative for the First Eastern District in this State, to take place on the 5th of April. The votes to be returned to the Secretary's office on or before the 4th of May.—At the last trial Martin Kinbley, Esq. had 573 votes; Hon. Nathaniel Dummer, 473; Hon. Orchard Cook, 755; Phineas Bruce, Esq. 120.
KATSKILL, (N. Y.) Jan. 4.
A singular circumstance occurred at Troy one day last week.—A lad, while skating on the river, accidentally fell into a hole and went under the ice—which being observed by a person standing on the shore, he immediately ran to the spot near the middle of the river, and discovering the boy on the surface of the water, he procured an axe and further assistance from the shore, cut the ice a few rods below the place where the boy fell in and took him out. He was apparently lifeless, but by the usual applications in such cases, recovered. [Lansburgh Gaz.]
WAX-WORK.
Moulthrop & Street,
RESPECTFULLY acquaint the Ladies and Gentlemen of Portsmouth, that they have just opened, at Capt. Whidden's Assembly-Room, a new and most elegant collection of WAX-WORK, which has been universally admired; consisting of 35 figures as large as life; among which are the following characters:—His Excellency
THOMAS JEFFERSON,
President of the United States.
Hon. JOHN ADAMS, late President.
A striking Likeness of the late Gen.
GEORGE WASHINGTON.
In another apartment the illustrious Hero is represented as fallen a victim to Death, his Lady and Domestic weeping around him.
The late General BUTLER,
who fell in St. Clair's defeat, represented as wounded in his leg & breast,
and the Indians rushing on him with their tomahawks.
Major ANDRE taking leave of his Honor before his execution.
A Bust of BONAPARTE,
First Consul of France.
Mrs. SIDDONS in the character of the Grecian Daughter, rescuing her father from prison by assassinating the Emperor.
DAVID returning from the slaughter of the Philistines, with the head of Goliath.
Maternal Affection represented by a Lady, with her children around her.
The New-Haven Beauty.
New-London Beauty.
Litchfield Beauty.
Mungo disciplined by his Mistress.
A striking Likeness of JASON FAIRBANKS, who was executed at Dedham, for the murder of Eliza Fales.
Old Darby and Joan enjoying themselves over their bottle and pipe.
The poor Mendicant asking alms.
And sundry other figures & prints.
Open from 9 in the morning till 9 in the evening, Sundays excepted. Admission 25 cents, and half price for children.
The above Figures have been exhibited in several cities of the U. S. and are allowed to be more to the life and far superior to any thing of the kind ever exhibited in America. As they will shortly be removed from this town, all who wish to see them must improve the opportunity.
CHARLES PEIRCE
BOOK-SELLER,
No 5, Daniel-street, Portsmouth, N. H.
HAS JUST RECEIVED FOR SALE,
a complete assortment of
FAMILY BIBLES,
from 25 dollars (all prices) down to 1 dollar each; Testaments from 40 cents to 1 dollar each.
also, an extensive assortment of
BOOKS,
On DIVINITY, TRAVELS,
LAW, VOYAGES,
PHYSIC, HUSBANDRY,
HISTORY, NAVIGATION,
GEOGRAPHY, POETRY,—and
BIOGRAPHY, NOVELS.
Village Harmony;
Law's art of Singing; Harmony of Maine; Rural Harmony, &c. by the dozen or single; Watts' Hymns and Psalms; Smith's and Alline's HYMN BOOKS; Henry's explanation to the whole Bible; the whole book of Martyrs, together with a most capital assortment of Books in every branch of knowledge and polite literature, suitable for public and private LIBRARIES, &c. &c. also, a large assortment of SCHOOL & CLASSICAL Books, by wholesale and retail.
C. Peirce has also for sale,
a large assortment of
STATIONARY, &c. such as
Writing & letter Papers
of various prices and qualities; Log
Book, Wrapping, Sheathing and Press
Papers; Sealing Wax; Wafers;
Quills; Ink Powder; Slates and Pencils;
Cyphering and Writing Books; a variety of Ink Pots; Sand Boxes;
Penknives; Razors; Razor-Straps; Shaving Soap, Boxes and Brushes.
a very large assortment of
Account, Record, Journal,
Letter and Waste Books; Gentlemen
and Ladies Pocket Memorandum Books, of various prices.
Charts & Maps.
C. Peirce has also for sale,
CHARTS of the British Channel;
ditto of Spain and Portugal; of all
the West-India Islands; of the coast
of America; of the Atlantic Ocean;
of the Gulph and River St. Lawrence;
of Georges' Banks; of the United
States; of New-Hampshire; and of
the seat of War in France, &c. &c. &c.
Day and Night Spy Glasses;
Hadley's Quadrants; Scales & Divi-
ders; Black-Sand; Redand Black-Ink;
Trunks; Almanacks; Registers, &c.
&c. all of which will be sold very cheap. New LIBRARIES supplied
—and old ones replenished on generous terms, and every favor will be duly noticed by C. PEIRCE.
FOUND,
A SMALL bunch of KEYS;—the owner may have them again by applying to the Printers, and paying for this advertisement. February 16.
NOTICE is hereby
given to all persons not to trust GREENLEAF SEVEY, as he is a minor under twenty-one years of age;—and furthermore I will pay no debt of his contracting.
JOHN SEVEY.
Chester, Feb. 4, 1802.
Hard-Ware GOODS,
By Wholesale and Retail.
H. & B. Penhallow,
Have imported in the ships Sally, Capt. Webber, and John and Phoebe, Capt. Dyer, from LIVERPOOL, and the Mary, Capt. Luce, from BRISTOL,
A great variety of Hard-Ware GOODS.
Which together with their former flock, make a large and complete assortment, Consisting of
BRASS KETTLES; brass and copper Warming Pans; copper, sheet-iron and patent Tea Kettles; brass, copper and iron Chafing Dishes; brass, japan'd and iron Candlesticks; brass Skimmers; brass cabinet and clock Furniture; Clock-Faces and Clock Pinions; brass Thumb Latches and Rappers; brass Nails; Pewter; block-tin Tea Potts, of various sizes; Flatirons; Frying Pans; a great variety of Shovels and Tongs; Andirons; brass-nose and common Bellows; bell-metal Kettles; brass and steel Chimney Hooks; Pins, No. 3 1/2, 4, 4 1/2, and 5, pound and packet Pins.
A great variety of
Knives and Forks; Jackknives; Penknives; Razors; Scissors and Shears; floor, hearth, dull, wax, clothes, scrubbing, whitewash, teeth, paint, tar and shoe Brushes.
A great variety of low priced Looking-Glasses, from 1 dollar to 13 dollars each.
Tea-Trays; Waiters; Snuffer Trays; belt and common steel Snuffers; block-tin, composition and tin'd iron, Tea and Table Spoons.
Box and steel Coffee Mills; Hones and Oil Stones.
A very large assortment of
SADLERY.
Joiner's, Ship-carpenter's, Carver's, Sadler's, Cooper's and Shoe-maker's Tools; iron and brass Wire; Lanthorn-Leaves; devonshire and square Iron Shovels; Sheet-Iron; Patent Shot; Crowley, blistered and Halback Steel; Anvils and Vises.
An extensive assortment of brass and iron Locks, Hinges, Latches and Bolts.
Steel and common plate Saws, viz. pit, cross-cut, webb, hand, pannel, fish, dovetail, compass, cooper's and key-hole Saws; brass Scales; painted Scale Beams; Steelyards of all sizes; Razor Cakes; Shaving Boxes; Snuff and Tobacco Boxes; Curling Tongs; Ivory Combs; Church Plate; Scales and Dividers; Mathematical Instruments; Surveyor's Instruments; Spy Glasses; Ship Scrapers; Caulking Irons; Pitch Ladles; Cabin Mops; Palms; Sail Needles; Twine; Time Glasses; Codlines; a complete assortment of small Fish Hooks; fish and chalk Lines; log, hand and deep sea Lines; Hadley's Quadrants; Patent Lamps; Muskets with Bayonets; Hangers and Hanger Blades; Wood Screws of all sizes; Bed Screws; Bed Keys; English and American Sleigh Bells; House, Tea-table and Cow Bells; Cork Screws; Thimbles; Shoe Claps; Knitting Pins; Rat and Mouse Traps; Curry Combs; Flints; Gun Locks, and Mountings; best Currier's Knives; common and patent Brick and Plaistering Trowels; Bed and Chair Pans; Coffin Letters, Figures and Ornaments; Slates, &c. They have also for sale,
7 by 9 and 6 by 8 crown Window Glass; Spikes; Deck Nails; Brads; Nails and Tacks of all kinds; Cart, Chaise and Waggon Boxes of all sizes.
A large assortment of English iron Potts and Kettles; best German steel Mill Saws. Portsmouth, October 22, 1801.
Wanted Immediately,
ONE OR TWO
Journeymen Shoemakers,
who are neat, approved workmen, at Boots and Calf-skin Shoes,—to whom generous wages will be given, if well recommended. Application may be made to the subscriber any time between this and next May.
JACOB KIMBALL.
Hanover, College Plain, Jan. 23, 1802.