The New-Hampshire gazette and general advertiser (Portsmouth [N.H.]), 1782-01-12 00:00:00

NEW-HAMPSHIRE GAZETTE,  AND  GENERAL ADVERTISER.
[Vol. XXVI.]
SATURDAY, JANUARY 12, 1782.
[No. 1315.]
Mess. PRINTERS,
Please to insert the following in your useful Paper, and oblige a Customer.
* * * * * N eminent Law-Writer says, "The law of nature being co eval with mankind, and dictated by GOD himself, is of course superior in obligation to any other. It
"is binding over all the globe, in all countries, and at all times; no human laws are of any validity, if contrary to this; and such of them as are valid, derive all their force, and all their authority, mediately or immediately, from this original."
He then defines human, or municipal law, "to be a rule of civil conduct prescribed by the supreme power in a State, commanding what is right and prohibiting what is wrong." According to this plain, comprehensive definition, human law cannot be obligatory as a rule of conduct, 'till it is made known, or published: Because a bare resolution, confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite this resolution be notified to the people who are to obey it.
This rule must not only be established by the supreme power in a State, but must also be a good one, i. e. command what is right and prohibit what is wrong. For if it should fail of this, or enjoin the contrary, it must lack the necessary requisites of a law. Hence, if human law is the rule of civil conduct, &c. the rule must in the nature of things and order of time precede such conduct; otherwise it must cease to be a rule. Where the knowledge of the rule or law is unattainable, obedience to it is impracticable; but where there is no existence of such a rule, a conformity to it is impossible. Hence we may safely conclude, all retrospective laws are not only repugnant to the law of nature, but subversive of the very design and end of all wise and good laws: The great design and end of such laws being to promote and secure the good of the people. This can be effected only by their conformity to the requirements of the law. The excitements to which, are the benefits resulting from obedience to it, or the penalties annexed to the transgression of it. These are wisely adapted to move both the hopes and fears of the subject, and to secure the observance of the law. Here good and evil, life and death, are set in contrast by the law itself. Should the subject in such case, chuse the evil and refuse the good, the blame must be his own.
How extremely different is the case, with regard to ex post facto laws! Can a law posterior to an action, have any influence to produce or prevent such action? If a subject cannot obey the law before it is made, shall he be punished for any past conduct, which may not comport with such after-
made law? Would not such a procedure be oppression & tyranny in the abstract? Such laws may inure, but can never secure the obedient subject. Retrospective laws, as they can only punish, but can never reform, or deter from the commission of an action, may be fitly compared to the power of the ARCH FOE, which is the power only of doing MISCHIEF!
PHILADELPHIA, December 12.
AN ORDINANCE, ascertaining what captures on water shall be lawful.
In pursuance of the powers delegated by the confederation in cases of captures on water:
BE it ordained by the United States in Congress assembled, that from and after the first day of February next, all resolutions and ordinances of Congress relating to captures or recaptures on water, and coming within the purview of this ordinance, except as is herein after excepted, shall be null and void: but questions of this nature arising before, or which shall be undetermined at that day shall be determined at any time during the war with Great Britain according to them, in the same manner, as if this ordinance had never been made.
It shall be lawful to capture and to obtain condemnation of the property herein after enumerated, if found below high water mark: that is to say,
All ships and other vessels of whatsoever size or denomination belonging to any enemy of the United States, with their rigging, tackle apparel and furniture.
All goods, wares, and merchandizes belonging to an enemy, and found on board of a ship or any other vessel of such enemy.
All contraband goods, wares, and merchandizes to whatever nation belonging, although found in a neutral bottom, if destined for the use of an enemy; but the goods wares and merchandizes belonging to an enemy, contraband goods, and goods destined to a blockaded, invested or besieged port, being always excepted, found in a vessel belonging to a foreign nation, other than an enemy, shall in no case be subject to condemnation.
Provided nevertheless, that from and after the first day of March, in the year one thousand seven hundred and eighty two, all goods, wares & merchandizes of the growth, produce or manufacture of Great Britain, or of any territory depending thereon, if found within three leagues of the coasts, and destined to any port or place of the United States, in any ship or vessel belonging to the citizens of the said States, or the subjects of any neutral power, shall be liable to capture and condemnation, unless the same shall have been previously captured from the enemy and condemned, or in consequence of capture, may be proceeding to some port or place not in the power of the said enemy, for trial and condemnation.
All ships or other vessels, goods, wares and merchandizes belonging to any power against which letters of marque or reprisal shall have issued.
All ships or other vessels, with their rigging, tackle, apparel and furniture, and with their cargoes, to whatsoever nation belonging, destined to any port or place invested, besieged or blockaded, by a sufficient force belonging to, in the service of, or co operating with the United States, so effectually as that one cannot attempt to enter into such port or place without evident danger.
All ships or other vessels, with their rigging, tackle, apparel and furniture, and with their cargoes, found in the possession of pirates.
The goods, wares and merchandizes to be adjudged contraband, are the following, that is to say,
Cannon, mortars, fire arms, pistols, bombs, grenades, bullets, balls, fuses, flints, matches, powder, salt petre, sulphur, cartridges, pikes, swords, belts, pouches, cartouch boxes, saddles and bridles, in any quantity beyond what may be necessary for the ships provision, and may properly appertain to, and be adjudged necessary for every man of the ships crew, or for each passenger.
If it shall manifestly appear, that of any entire thing of which division cannot be made without injury to its value, a subject of the enemy, and a citizen or a subject of a foreign power, not being an enemy, are joint holders, the whole shall be condemned and sold for gold or silver, the proper proportion of the net proceeds of which shall be deposited in the treasury of the State in which the sale shall be, to be paid to the order of such citizen, or the subject of such foreign power.
If such division can be accomplished, but neither the citizen, nor the subject of a foreign power, nor his agent, shall require specific restitution of his property, there shall be a sale in the same manner, as if the property were indivisible. But if in such case a requisition be made to this effect, the due proportion shall be specifically restored.
Where property shall have been originally captured on land from a State, or a citizen of the United States, and shall be recaptured below high water mark, by another citizen thereof, restitution shall be made to the former owner upon the payment of a reasonable salvage, not exceeding one fourth part of the value, no regard being had to the time of possession by the enemy.
In all cases of recapture by an armed vessel, fitted out at the expence of the United States, of a vessel or other effects belonging to a citizen, the court shall adjudge the proportion which would be due to the United States, to be remitted to such a citizen, no regard being had to the time of possession by the enemy.

On the recapture by a citizen of any Negro, Mulatto, Indian or other person, from whom labour or service is lawfully claimed by a State, or a citizen of a State, specific restitution shall be adjudged to the claimant, whether the original capture shall have been made on land or water, and without regard to the time of possession by the enemy, a reasonable salvage being paid by the claimant to the recaptor, not exceeding one fourth of the value of such labour or service, to be estimated according to the laws of the State under which the claim shall be made.
But if the service of such Negro, Mulatto, Indian or other person captured below high-water mark, shall not be legally claimed within a year and a day from the sentence of the court, he shall be set at liberty.
In all other cases of recapture, restitution shall be made to the owner upon payment of one third part of the true value for salvage, if the property shall have been retaken in less than twenty-four hours after the capture. But if it shall not have been retaken until the expiration of twenty-four hours after the capture, restitution shall not be made of any part.
Besides those who are duly authorised to make captures by a special commission, captures of the property of an enemy shall be adjudged lawful when made.
1st. By a private vessel not having such commission, satisfactory proof being produced that they were made in pursuing the course of her voyage, and repelling a previous attack from an enemy.
2d. By any body or detachment of regular soldiers.
3d. By inhabitants of the country, if made within cannon shot of the shore.
4th. By an armed vessel sailing under a commission of his Most Christian Majesty.
5th. By the crews of the British vessels, while captures of this sort are licenced by the British.
Recaptures shall be made by no other persons than by those authorised to make captures, except the crews of vessels retaken.
The destruction of papers, or the possession of double papers by any captured vessel, shall be considered as evidence for condemnation, unless good cause be shewn to the contrary.
From and after the first day of February, which shall be in the year of our Lord, one thousand seven hundred and eighty-two, any letters of passport or safe conduct, granted before the 27th of March last, under the authority of Congress, to any person whatsoever, for removal of property from a place beyond sea, within the dominions or possessions of the British king, shall be void.
[For remainder see last page.]
Messieurs Printers,
ALTHOUGH I am not wholly reconciled to the present proposed Plan of Government, yet I think to take it collectively, it is a most excellent composition; especially the 17th article of the Bill of Rights, which secures to the subject a trial by his peers, or jury of the vicinity, than which nothing next to life, can be more dear. And I was grieved to see an act amongst our present code of laws, for the trial of offenders out of the county wherein the offence was committed; and it must be still more grievous to hear that a criminal is now imprisoned upon the same act for a capital offence, and to be tried in another county, where perhaps he is not known but to a very few persons. The preamble to this act severely reflects upon the inhabitants of a whole county, as supposing them too partial to the criminal, which is in other words to say, they are as deep in the mud as he is in the mire; whereas it is well known that not one quarter of the inhabitants of Cheshire ever discovered the least inclination to revolt, and many of those who did, were artfully deceived; many have said they had rather belong to Vermont, if Congress would grant the liberty, but not otherwise; and when the resolve was known, and a printed copy thereof
was endeavoured to be distributed thro' these towns, they were no sooner put up in public places but they were taken down and destroyed, and many to this day do not know to the contrary, only by hearsay, and that is violently contradicted by their artful enemies. This act is too analogous to the obsolete British act of parliament lately revived for the sake of transporting an American to Great-Britain for an offence committed in America, and was one of the very grievances of which Congress complained, and declared to the world to be the cause of the American revolution. And altho' I think the prisoner has committed a most daring insult against this State, under the usurpation of a set of men who have as daringly insulted all the United States; and altho' he may have deserved hanging in the county of Cheshire, yet I hope he will never be convicted by a jury of Rockingham. He is to be tried out of the county he belonged to, because there is a possibility a jury may be prejudiced in his favor there; but is there not a greater danger of a jury being prejudiced against him here? and can he then be said to have a chance for his life? It may now be asked, what can be done? as it is easier to find out faults than to mend them. I ought to obviate the difficulty. I answer—There are at least four hundred jurors in eight towns out of the pretended claims of Vermont, and within the county of Cheshire, who have never bow'd the knee to Baal; and would not an act empowering the supreme court to send out venires to those towns for a jury, and to adjourn the court to one of them, be more consistent with the natural rights of the people? than to make an act that strikes at the very root of freedom, and which alone is enough to make every subject tremble, and every son of liberty execrate, and I hope soon to see it obliterated, erased and blotted out of every book of remembrance, and the memory of every individual.
Ut opto, sic precor.
LIBERUS.
A few Copies of the Form of Government, may be had at the Printing-Offices in Portsmouth and Exeter.
L O N D O N.
A private letter, with the last American dispatches to a gentleman in the city, compliments, throughout a long and most genteel panegyric, the Earl of Cornwallis is with the name of Cæsar. Among a variety of particulars, the admirable discipline of his army is highly extolled and blazoned. His soldiers are never idle: When not in actual preparations for hostility, they are employed in manœuvring, or cleaning their arms, which are as bright as silver. Such of the Americans who incorporate with them, on throwing off their tattered uniform, and assuming that of England, become as it were regenerate, and inspired with the liveliest sense of their emancipation from the yoke of tyranny.
The Earl of Cornwallis may well be stiled a second Cæsar; for the actions and conduct of the great Roman General, seem to be a model for the intrepid British HERO. The former would sometimes march at the front of his legions bare headed, whilst the hot sun beams were scorching him & forcing him to halt, at the moment when his soul was panting for battle. Thus it has been with Lord Cornwallis: He has soaked his handkerchiefs with his streaming pores, when forced to halt and then resumed his march with fresh animation and vigour.
[We have hitherto been taught to believe this man's name was Charles, but it seems by the above that some one of his godfathers has changed it to Cæsar—It is the custom with the people of some nations, when they admit the son of a stranger into their families for want of issues of their own, to bestow a new name upon him: As it is believed from a view of his actions that Lord Cornwallis was long since adopted into the family of an old gentleman, (one of whose feet is not over handsome) it is likely that personage has complimented him with the name of an antient cut-throat in whom he was no doubt, well pleased. It is much to be regretted that the generation of the poor Tories who joined Cornwallis, was of short continuance: There is little doubt but it must have been a delusion of the Devil. However this modern Hero may be thought to resemble the Roman in other respects, it is certain he cannot with propriety say of himself what Cæsar said Veni. Vidi. vici—I came, I saw, I conquered—but rather—I stole,—I murdered, and with my army was shamefully captivated.]
From the WESTMINSTER MAGAZINE,
AN INFALLIBLE REMEDY TO CURE THE ANGER OF A BISHOP.
A Certain Curate, who lived in a village of Tuscany, was so fond of his Dog, that when he died, he buried him in the church-yard.
The Bishop was determined to prosecute him for the profanation of holy ground.—The Curate, who knew the avaricious temper of the Prelate, said to him, "It your Lordship did but know the sense of the little animal, I am sure you would think him a rational creature; would you believe it, my Lord, he made his will just before he died, and left your Lordship a purse of ducats, and here they are?" The Bishop smiled at the Curate's ingenuity, took the money, and forgave the sacrilege.
WHEREAS sundry Assessments have lately been made on the County of Rockingham, for monies to defray the charges of said county; but as many of the towns neglected seasonably to assess, and more unseasonably to pay their taxes, until the money had so fallen in its value, as not to answer the end proposed; and as the annual expence of the county is considerable, for paying all grand jurors, both at Superior Courts and Sessions, all jurors of inquest, also justices and sheriff's fees; and as some demands against the county have been of long standing, and are yet unpaid, and the new goal which was begun some years past is now suffering for want of materials, or money to carry on said building; and as the old goal was burnt down in March last, and no convenient place to secure any person in that part of the county within fifteen miles, and many other inconveniences on that account:—
THESE are therefore to notify the Selectmen of any or all of the towns in the county aforesaid, that the committee for building the new goal, are in want of and will be ready to receive, if delivered within four months from this day, the whole amount of their out standing taxes, in merchantable pine boards, clear or hemlock boards, oak or pine plank, clapboards or shingles, at the landing places at the head of the river; or, if more agreeable to any of the towns, the committee will receive corn, beef, pork, wheat, rye, or any of the staples of the land, that will purchase nails, glass, and other materials, for the above purpose, provided they will deliver them at Portsmouth, at the current cash price, without loss of time. GEORGE GAINS,
Portsmouth, (in behalf of the Jan. 10, 1782 (Committee.
ALL Persons who have Accounts open with the Subscriber, are requested to settle the same immediately.—Those who stand indebted to him by Note or Bond, and cannot conveniently discharge them, are desired to renew their obligations without further notice.
JOHN SULLIVAN:
Durham, Dec. 22, 1781.
State of New-Hampshire. Rockingham, ss. By order of the Hon. Phillips White, Esq; Judge of Probate of Wills for said county, the subscribers give notice, that they are appointed to receive and examine the claims of the creditors to the estate of Benjamin Hill, late of Northwood, in said county, deceased, intestate, represented insolvent; and that they will attend said business at the house of Jonathan Clark, innholder in said Northwood, on the last Tuesday of this and the five following months, from three to six o'clock in the after noon of said days; at which time and place, all concerned are desired to attend with their accounts properly vouched.
Northwood. Nathaniel Chandler, } Commis- Jan. 3, 1782, Jonathan Clark, } sioners Thomas Piper, }

PHILADELPHIA, December 20.
A vessel which arrived here last Thursday morning, in 50 days from Bourdeaux, brings an account, that the garrison of fort St. Philip had sent a flag to the Duke de Crillon, requesting terms of capitulation. It is presumed that the whole island of Minorca is now in compleat possession of his Catholic Majesty.
We are informed from the Marine Office, that on the 29th day of November last, the Court appointed to inquire into the cause of the loss of the Trumbull frigate by capture, made their report, "That the loss of the said frigate did not proceed from neglect of duty or cowardice of Capt. Nicholson, or any of his commissioned officers," with their opinion "That every thing possible was done for the honor of the flag of the United States."
CHATHAM, December 26.
Last Sunday night Captain Baker Hendricks went over to Bergen, and made eight of the enemy prisoners. The same night a party of volunteer militia, under the command of Captain Jerolman, came down by the way of Hackensack, to Bergen, where they made prisoners Captain Harding and M'Michael. The latter deserted from our army in 1776, and was taken out of a flag last spring, and confined in irons in Morristown goal; but by a stratagem of his wife, made his escape.
FISH-KILL, January 3.
We learn from New-York, that General Leslie, who commands at Charlestown, has requested of Gen. Clinton 900 men, to enable him to hold that place: That an embarkation was accordingly made the 22d ult. composed principally of the new raised corps.
HARTFORD, January 7.
Upon a retrospect on the present contest between Great Britain and the United States of America, the beneficence of the Deity towards us has been so conspicuous, that we cannot behold it but with admiration and gratitude. No year, perhaps, since the commencement of the present war, was ushered in with a more sable and gloomy aspect to the interest of this country than the present. The year commenced with a scene that was truly shocking, and was shortly followed by another of a similar nature. These casualties seemed to be collecting into one general aggregate mass of national calamity, and to threaten our cause with ruin and destruction; but the tables were soon turned, and matters brought into a train of adjustment. The 17th of January opened the glorious scene, and was the first check that the British southern army met with; but after that in almost every rencounter, they were worsted by our troops, until the conclusion of the campaign, which has terminated with such signal success and so much honor to our arms.
BOSTON, January 10.
We have certain accounts from Martinico, and other islands in the West Indies, That a body of French troops from Martinico, under the command of M. de Bouille, landed undiscovered on the island of St. Eustatius, and by a coupe de main, made the whole British Garrison, consisting of about 600 troops, prisoners of war.
Capt. David Squires, is arrived at a safe port from Hispaniola. By a gentleman from him, we have a confirmation of the glorious re-capture of the island of Eustatius; but he does not recollect any mention made of the island of St. Martins being also re-taken, tho' he thinks it must have submitted of course.
The booty taken at St. Eustatius, these accounts add, was very considerable, there being a great number of vessels round about the island; many warlike stores, besides a large body of regular British troops in the garrison. The day the island submitted was not ascertained.
Last Lord's day was found drowned near Spear's wharf, the body of Mr. George Lush, jun. tanner, of this town. A jury of inquest being summoned, were of opinion "accidental death." He has left a sorrowful family. His remains were decently interred last Tuesday afternoon.
Last Wednesday was ordained to the pastoral office in the New-South, of this town, the Rev. Oliver Everett, A. M.
For the satisfaction of our readers, we have collected a list of the real and acquired titles annexed to the humane, pompous, and fortunate British Gen. taken in Virginia, by the confederate army, viz. Charles Earl Cornwallis, Viscount Brome, Colonel of the 33d Regiment of Foot, Constable and Chief Governor of the Tower of London, Lord Lieutenant of the Tower Hamlets, Hereditary Member of the House of Lords, one of the British King's Most Honorable Privy Council, Lieutenant-General of the British arms in America, Conqueror of the South, Guilford hero, Commissioner for restoring peace to the deluded rebels in these States, the invincible Phoenix of York-Town, (Virginia.) Defeater of his unhappy brother General Burgoyne, Competitor of Sir Henry Clinton, and particular Associate of that finished and cursed villain, Traitor Arnold, whom he has carried to England with him in the Robust of 74 guns, in order, no doubt, to make a tool of him, to help palliate the loss of ten thousand men in Virginia, and reprobate the egregious Clinton, whose fame diminishes daily, and whose incapacity and inhumanity is too obvious to require further illustration.
The Americans on board the prison ships in Halifax yet experience the most indelicate and inhuman usage; officers and men thrown indiscriminately together, and no indulgencies of a luxurious island or town to ramble in, as the Britons have here. Retaliation is indisputably necessary to convince the obdurate and dastardly British that we are not insensible of this vile behaviour nor wanting in energy to chastise them! 300 yet remain in Halifax prison-ship, who are not under any great obligations to the Governor, Sir Andrew Snape Hammond.
By the last Saturday's post, we hear that 25 of the Tories at New-York, who have for a long time been feeding on the Bounties of Royalty, being tired of their service, made overtures to Gen. Waterbury, who requir'd of them to do something meritorious, accordingly they took an arm'd vessel and mann'd her, but being discover'd, a party was sent to bring them back. An opposition was made by the party, 20 on each side 'tis said were killed; the other 5 of the deserting party were secured and sent back to New York to plead his Majesty's pardon.
S A L E M, January 10.
Last Monday the brig Chance, Capt. Gage, arrived at Beverly from Martinico. He failed from the island on the 6th ult. and advises, that Count de Grasse, with 31 sail of the line, had arrived there from Chesapeake-Bay; and that a detachment of five sail more had arrived at Cape-Francois. The Count was procuring flat-bottomed boats, and making every other necessary preparation for a speedy expedition; and it was supposed, as a reinforcement of 10 sail of the line and a very large body of troops were expected to join the very formidable French armament now in the West-Indies, that all the British windward islands would, in the course of the winter, be reduced by the victorious arms of France.
By the arrival of Capt. Gage, we have the pleasure of announcing the confirmation of the re-capture of the island of St. Eustatius, which was most happily effected, by a coup d'eclat, on or about the 1st ult. The Marquis de Bouille, Governor of Martinico, having embarked a body of troops (said to be about 1200 in number) failed from that island with only three frigates and a sloop of war, and soon after landed, very early in the morning, on the windward side of St. Eustatius, about 380 men. The rising of the surf, and the natural obstructions of the place, rendered it impracticable for the Marquis to go on with the debarkation of the remainder of his troops; and the same causes precluded the possibility of re-embarking those who were on shore. Thus circumstanced, this small body, remaining undiscovered by the enemy, pushed on with the utmost celerity for the fort, and passing the moat, before the bridge which covered it could be drawn up, entered at the gate, and took possession without any loss. The surprize was compleat. Only 9 men were found in the fort. The garrison, consisting of 670 men, who were at no great distance, were soon apprized of this capital manœuvre, and immediately surrendered at discretion. The officers were, however, indulged with their paroles; but the privates were sent to Martinico,
where Capt. Gage had the pleasure of seeing upwards of 600 of them land, a short time before he sailed. Besides the warlike stores, &c. which fell into the hands of the captors, they had the good fortune of sharing 49,000 johanneses in specie.
The 670 men which the garrison above-mentioned consisted of, were exclusive of officers.
Capt. Gage also advises, that he spoke with Capt. Elwell, in a cartel in 17 days from Antigua, who informed that the British fleet from New-York had arrived at Barbadoes.
Extract of a letter from a gentleman at Martinico, dated December 5, 1781.
"The private brig of war Holker arrived this day from a cruise. She had been out a month, during which time she has captured one brig from Cork, a sloop from Barbadoes, two schooners from Demarara, and one from Antigua. The prizes it is supposed, will amount to upwards of 300,000 livres."
"I have the pleasure of assuring you of the capture of St. Eustatius, by the Marquis de Bouille, with 1200 troops, only 380 of whom were on shore at the taking of the island. They took possession of 670 of the enemy. By the next vessel I will forward you the particulars. Each soldier and sailor received 300 livres for their share of money taken in the island, and every officer in proportion to his rank."
Capt. Barker in the brig Diana, who sailed from this port for Virginia last Sunday, se'n-night, having occasion to go ashore at Nantucket, was, with six others, in returning on board his vessel, unfortunately drowned. This melancholly accident was occasioned by the oversetting the boat.
Last night Major REED of Marblehead, returning home from this town, was unfortunately thrown from his horse, and died instantaneously.
The following lines were written extempore on Commodore Hyde Parker, by a facetious Clergyman at Savannah, in Georgia, in the beginning of 1779, on hearing of the Commodore's excellent manœuvre with respect to a quantity of Indigo he found in the stores of private persons in Georgia, and which he affected to say he would deliver to the owners, having taken the necessary precaution to shift the casks.
H YDE PARKER! Hide for shame your head, And keep from Mrs. Crops's bed; Nor deem yourself a Commodore, Who traffick with a common whore; Besides, perhaps, you may be damn'd, For disobeying God's command: But if you mean to save your soul, Restore the indigo you stole. God ne'er made man whose deeds are darker; Than those of Commodore Hyde Parker. I'll no more the wretch deride, But change his name to Parker Hyde.
Just come to hand, and may be had at the Printing Office, the THIRD NUMBER of the
History of the WAR in AMERICA , between Great Britain and the United States, embellished with an elegant copper-plate Frontispiece of his Excellency General GREENE, containing a full and authentic account of the real cause, rise and progress, together with the disappointments on both sides; likewise an impartial account of all battles, sieges, &c.
Subscribers are desired to call for their numbers.
The first and second may be had as above.
Taken up a-drift, the 15th instant,
A CANOE , about 18 feet long, the owner may have it by applying to Aaron Witham, at the Rising-Castle Island, proving his property and paying charges.
Portsmouth, Dec. 17, 1781.
State of New-Hampshire. Cheshire, ss.
N OTICE is hereby given, that there is a Tax of 6s. 9d. on each Lot of Land in the Town of Fitz-William, liable to pay proprietors taxes the present year, therefore all persons owners of such Land in said Town, are required to make speedy payment of the same to the subscriber, Samuel Osborn, Fitz-William, Nov. 27, 1781. (Collector.)

Upon the capture of a vessel commissioned as a man of war or privateer, by any of the vessels of war of the United States of America, the whole of the property condemned shall be adjudged to the captors, to be divided in the following manner (saving to all persons who shall lose a limb in any engagement, or shall be otherwise disabled in the service of the United States, every benefit accruing to them under the resolutions of Congress of the 28th of Nov. 1775) that is to say,
To the commander in chief of the navy of the United States, shall be allotted one twentieth part of all prizes taken by an armed vessel or vessels under his orders and command; when there shall be no such commander in chief, the one twentieth part allotted to him shall be paid into the treasury of the United States.
To the captain of any single armed vessel two twentieth parts, but if no more ships or vessels be in company when a single prize be taken, then the two twentieth parts shall be divided equally among all the captains.
To the captains of marines, lieutenants and masters, three 10th parts of all prizes taken when they are in company to be divided equally among them.
To the lieutenants of marines, surgeons, chaplains, pursers, boatswains, gunners, carpenters, masters-mates, and the secretary of the fleet, two twentieth parts, to be divided equally among them.
To the following petty warrant officers, viz. midshipmen, (allowing for each ship six, for each brig four, and for each sloop two) captains clerks, surgeons mates, stewards, sail makers, coopers, armorers, (allowing for each vessel one of each only) boatswains mates, gunners mates, carpenters mates, (allowing for each vessel two of each) cooks, cockswains (allowing for each vessel one of each) serjeants of marines, (allowing two for each ship & for each brig and sloop) three twentieth parts to be divided equally among them; and when a prize is taken by any vessel on board or in company of which the commander in chief is, then the commander in chief's cook or cockswain shall be added to the said petty warrant officers, and share equally with them.
The remaining eight twentieth parts, and half of the twentieth part shall be divided among the rest of the vessels company or companies as it may happen, share and share alike.
No officer nor man shall have any share, but such as are actually on board their several vessels when a prize or prizes shall be taken, excepting only such as may have been ordered on board any other prizes, before taken, or sent away by his or their commanding officers.
Upon the capture of any other vessel, if made by a vessel of war, belonging to the United States, one half of the property condemned shall be decreed to the United States, and the other half to the captors, to be divided as aforesaid; if by a private vessel not having a commission, the whole shall be decreed to the captors: if by any body or detachment of regular or other troops in the service of the United States, the whole shall be adjudged to the captors, to be divided in proportion to the pay in the line of the army; if by inhabitants of the country, being in arms, the whole shall be adjudged to the captors, to be divided equally among them; provided, that if any such inhabitants shall be wounded in making the capture, be shall be entitled to two shares, and if killed, his legal representative shall be entitled to four shares. If by the crews of British vessels, the whole shall be adjudged to the captors, to be divided at the discretion of the court.
On recapture by an armed vessel belonging to the United States, of a vessel under the protection of a vessel belonging to the enemy, commissioned as a man of war or privateer, or where the vessel retaken is equipped in a warlike manner, the proportion to be withdrawn from the original owner, shall be divided as in the case of a capture of an enemy's vessel commissioned as a man of war or privateer.
On recapture by an armed vessel belonging to the United States, of a vessel under the protection of a hostile vessel not commissioned as a man of war or privateer; and where the vessel retaken is not equiped in a warlike manner, the proportion to be withdrawn from the original owner shall be divided as in the case of an hostile vessel not commissioned, as a man of war or privateer.
The rules of decision in the several courts shall be the resolutions and ordinances of the United States in Congress assembled, public treaties, when declared to be so by an act of Congress, and the law of nations, according to the general usages of Europe. Public treaties shall have the pre-eminence in all trials.
This Ordinance shall commence in force on the first day of February, which will be in the year of our Lord one thousand seven hundred and eighty two.
Done by the United States in Congress assembled, the fourth day of December, in the year of our Lord one thousand seven hundred and eighty one, in the sixth year of our independence.
JOHN HANSON, President. Auct. CHARLES THOMPSON, Secretary.
The ACT referred to in the foregoing ORDINANCE is as follows.
IN case the commander, for the time, lose a limb in an engagement, or be otherwise disabled, so as to be rendered incapable afterwards of getting a livelihood to subsist upon, he shall receive out of the net profits of such prize or prizes, or prize goods (as are taken during the cruise) if so much arise, before dividend or distribution be declared, the sum of four hundred dollars; or if he lose his life, his widow or children (if any) shall receive the said bounty of four hundred dollars, together with all prize money to him belonging at the time of his decease. And if the captain of the marines, or any other commission and warrant officer lose a limb, or be otherwise disabled so as to be rendered incapable afterwards of getting a subsistence, he or they so disabled shall receive a bounty of three hundred dollars, if so much arise from the net profits as aforesaid; and in case of death, the widow or children (if any) is, are, and shall be entitled to the same, together with their share of prize money due at the time of their decease. And if an inferior officer, seaman or marine lose a limb or be otherwise disabled so as to be rendered incapable afterwards of getting a subsistence, he or they shall receive a bounty of two hundred dollars to be deducted as aforesaid; and in case of death, his widow, children (if any) is, are, and shall be entitled to the same, together with his share of prize money due at the time of his decease.
NOTICE is hereby given to the proprietors or owners of land in Middleton, in the County of Strafford, and State of New-Hampshire, that so much of their Lands as will pay the taxes annexed to their names, will be sold at public Auction, the first Monday in February next, at the house of Capt. Francis Mathes, in said town, at 10 o'clock in the forenoon, as will pay said tax, with incidental charges, unless prevented by previous payment.
Their names follow.
   1st division. 2d division.   1. d. No. 1. d.    John Cook jun. 0 0 53 19 3  Noah Emery, 0 0 6 19 3  Samuel Varney, 4 9 49 19 3  Benjamin Evans, 6 0 78  Andrew Marshall, 19 3 39 19 3  Peter Cook, 4 9 91 19 3  Thomas Bickford, 19 3 73 19 3  Joshua Stappole, 9 7 60 19 3  Joseph Conner, 4 11 63 19 3  George Hanson, 19 3 76 19 3  Thomas Wallingford, 54 19 7  Andrew Horn, 19 7 64 9 7  John Roberts, 4 9 67  Timothy Hanson, 19 3 65 19 3  Joseph Varney, 19 7 8 19 4  Benjamin Wentworth, 10 3 99 19 3  John Gage, Esq; 0 10 26 19 3  Samuel Clements, 80 19 3  Joseph Wentworth, 85 19 3  William Horn, 24 19 3  Isaac Watson, 19 3 93 19 3  Noah Cross, 95 19 3  Ephraim Wentworth, 18 19 3  Benjamin Roberts, 38 19 3  Bedfield Plumer, 19 3 75 19 3  Richard Gooding, 19 3 83  Benjamin Maton, 6 0 94  William Wentworth, 66 19 3  Timothy Roberts, 35 19 3  James Guppy, 12 19 3  Jonathan Gage, 19 0 37 19 3  Daniel Hanson, 50 19 3  Samuel Herd, 9 7 30 9 7  Love Roberts, 9 7 62 9 7  John Ham, jun. 97 19 3  Edward Ellis, 19 3 88  Benjamin Herd, 3 19 3  John Kelley, 19 3 20 19 3  Nathaniel Austin, 36 10  John Farker, 59 19 3  Richard Philpot, 14 19 3  Isaac Hanson, jun.: 9 7 44 9 7  Ebenezer Varney, 9 7 100 19 3  Benjamin Stanton, 41 19 3  James Philpot, 6 1 42 19 3  Samuel Clements, jun. 82 6 1  
Middleton, Dec. 28, 1781. Elijah Buswell, Collector.
WHEREAS I Samuel Pickering, about nine years ago, gave to and deposited in the hands of David Wiggin of Greenland, and Nathan Green of Hampton, two NOTES, one in each, upon certain conditions; which have never been performed on their parts.—This is to caution all persons against purchasing said NOTES, as the same were not given for actual value received, and as nothing is due thereon.
Greenland, January 2d, 1782.
A fresh Assortment of GOODS, Just opened, and TO BE SOLD, at the STORE of J. & N. Sparhawk, Very cheap for CASH only, —Among which are— Superfine and middling BROAD CLOTHS, viz. Scarlet, crimson, green, blue, white, fashionable mix'd, and cloth colours.—Ratteens, Coatings, Shalloons, Tammies, Hairbines, Col- chester and drapery Baize; an assort- ment of Blankets, mill'd and worsted Caps, Irish and French Linnens, Cam- bricks, plain and figur'd Gauze, Ladies elegant Italian Handkerchiefs; white, red and black Mode; black Drawboy, green, olive, and dark ground, fine Chintz; a variety of cheap Calicoes, by the piece or single gown; Men's and Women's wash leather Gloves, Wo- men's black ruffel Shoes, silk and linnen Handkerchiefs, Men's and Boy's English Hatts, Men's fine white Shirts, playing Cards, &c. &c. Also, Tea, Chocolate, and Loaf Sugar, by the hundred or smaller quantity; fresh LEMMONS, by the box or hundred; new jar Oyl, Raisins, Currants, Spices, Pepper, Coffee, Sterling Madeira Wine, Brandy, Rum, Molasses, Sugar, Indigo, and many other Articles. Portsmouth, Dec. 28, 1781.
The New Auction-Room, lately op'n'd by Seward and Gooch,
As advertis'd a few weeks since, to sell on Thurs- day evenings, is alter'd to Wednesday evenings, as they think it will better accomodate the publick.— Where all kinds of goods, household furniture &c. will be receiv'd in and sold out, at the usual commissions. Also all persons having goods &c. to sell at private sale may hear of a purchaser at said auction-room, & those wanting to purchase goods &c may be inform'd where the same may be had. Portsmouth, December 29th, 1781.
State of New-Hampshire, December 27, 1781.
THE GENERAL COURT for said State, have lengthened the Time for receiving Rum from the several Towns de- linquent, to the last Day of January next; at which Period, Warrants are ordered to issue against those Towns which may then be delinquent; which Order will be strictly attended to.
JOSHUA WENTWORTH.
State of New-Hampshire.
THE non-resident Owners of Land in the follow- ing Towns, viz. Washington Gilmanstown, Rochester, Peterborough Slip, Temple, Northumber- land, Waldborough, Havershill, New London, Wake- field, Effingham, New Chester, Jaffrey, Raby, Cocker- mouth, the Gore, Fitzwilliam, Marlborough, Antrim, Plymouth, Mason, Northwood, Sanbornton, 2d Tax, Sandwich ditto, Lyndeborough ditto, Packerfield ditto, Society Land ditto, Canterbury ditto, Warren ditto, Deerfield ditto, are hereby notified that their Lands in said Towns are taxed for the year 1781, and if the Taxes are not paid within eight Weeks from the first Publication of this Advertisement to the Collectors or Subscriber, they will be notified for sale. Also the Town of Alexander. THOMAS ODIORNE, Receiver of non residents Taxes.
WANTED immediately, 400 Quintals of good Jamaica FISH.—Inquire of SAMUEL STORER, of Portsmouth.
PRINTED AT PORTSMOUTH.