The New-Hampshire gazette and general advertiser (Portsmouth [N.H.]), 1790-01-13 00:00:00

Judiciary Law of U.S. Remainder of
WEDNESDAY, January 13, 1790.
THE
[Volume xxxiv.—Numb. 1740.]
New - Hampshire Gazette, and the General Advertiser.
Containing the Laws, &c. of the United States, as well as those of this State passed since 1787, with a variety of other matters both useful and entertaining.
PORTSMOUTH: Printed by JOHN MELCHER, at his Office in Congress-Street, at nine shillings per Annum.
B R I D G W A T E R —State of New-Hampshire. N OTICE is hereby given to the non-resident owners of land in Bridgewater, (late the northerly part of Newchester) who have not paid their taxes for the year 1788, that unless they pay said taxes to me the subscriber, on or before Thursday the 18th day of February next, so much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at 10 o'clock in the forenoon, at my dwelling-house in said town.
   No. D. Q'ty. Specie. State certifi. indents. C. spe.   acres. d. s. d. d. q.    Moses Hook, Esq. 15 1 90 5 0 10 8 1 2  John M'Murphy, Esq. 12 2 100 9 1 7 1 3 3 0  John Gordon, 61 2 100 9 1 7 1 3 3 0  Joseph Clark, 32 2 100 9 1 7 1 3 3 0  Joseph Blanchard 35 1 90 5 0 10 0 8 1 2  John Tolford, Esq. South End, 3 2 60 3 0 6 0 5 1 0  William Graham, East End, 16 2 50 5 0 10 0 8 1 2  Matthew Thornton, Esquire, 14 1 45 2 0 4 0 3 1 0  89 2 100 6 1 1 0 10 2 0  Samuel Emerson, Esq. 82 2 100 6 1 1 0 10 2 0  Captain Jonas Minot, 53 2 100 9 1 7 1 3 3 0  60 1 90 6 1 1 0 10 2 0  Henry Herron, 93 2 100 9 1 7 1 3 3 0  Timothy Ingalls, 15 2 50 4 0 7 0 6 1 1  James Moore, 64 2 100 9 1 7 1 3 3 0  Samuel Gault, 65 2 100 9 1 7 1 3 3 0  81 2 100 6 1 1 0 10 2 0    SAMUEL WORTHEN, Collector. Bridgewater, December 21, 1789.
W A K E F I E L D —State of New-Hampshire. N OTICE is hereby given to the non-resident proprietors and owners of land in the town of Wakefield, who have not paid their taxes for the year 1788, that unless they pay said taxes to me the subscriber, on or before the 25th of February, 1790, so much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at my dwelling-house in said town, at 10 o'clock in the forenoon, on said day.
   No. D. Q'ty. Specie. State certifi. indents. St. cer.   Acres, No. Div. s. d. q. s. d. s. d.    Moses Gage, 100 10 1 2 3 0 2 0 3 0  John Gage, Esquire, 96 17 1 1 1 2 1 0 1 6  ditto, 110 17 2 3 6 1 3 1 4 7  Thomas Miller, jr. 62 22 2 0 9 0 0 8 1 0  Love Roberts, 110 25 2 0 6 0 0 4 0 6  Stephen Varney, 70 38 2 1 6 0 1 4 2 0  Stephen Evans, 110 42 2 1 2 0 1 0 1 6  John Horn, 110 48 2 1 4 2 1 2 1 9  Joshua Roberts, 110 59 2 2 3 0 2 0 3 0  Ebenezer Hanson, 110 39 2 1 6 0 1 4 2 0  Samuel Dame, 50 70 1 1 3 0 1 1 1 7  Thomas Wallingsford, Esquire, 110 85 2 1 3 0 1 1 1 7  William Gerrish, 100 87 1 1 6 0 1 4 2 0  John Harford, 100 89 1 1 6 0 1 4 2 0  John Marden, 50 74 2 0 6 0 0 5 0 7  James Canney, 66 75 2 0 8 0 0 6 0 9  Solly and March, 59 77 2 0 6 0 0 5 0 7  Richard Downs, 100 92 1 0 9 0 0 8 1 0  Samuel Downs, 100 93 1 0 7 2 0 6 0 9  Solomon Emerson, 100 95 1 0 9 0 0 8 1 0  William Willand, 80 97 1 1 9 3 1 6 2 4  Samuel Page's Gore, 98 0 2 4 6 0 4 0 6 0  Part of the Gore, 47 0 2 1 0 0 0 9 1 2  Richard Huffy, 55 26 2 1 0 0 1 0 1 4  John T. Mason, Esq. 50 56 1 1 2 0 1 0 1 6  ditto, 55 56 2 0 6 0 0 5 0 7    THOMAS CLOUTMAN, Collector. Wakefield, December 25, 1789.
W A K E F I E L D —State of New-Hampshire. N OTICE is hereby given to the non-resident proprietors and owners of land in the town of Wakefield, who have not paid their taxes for the year 1787, that unless they pay said taxes to me the subscriber, on or before the 11th day of February next, so much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at ten o'clock A. M. on said day, at the dwelling-house of David Copp, Esq. in said town.
   No. D. Q'ty. Specie. State certifi. indents. St. cer.   Acres, No. Div. s. d. q. s. d. s. d.    John Gage, Esq. 96 17 1 1 9 3 1 0 0 6  ditto, 110 17 2 6 8 3 3 8 1 10  Thomas Miller, jun'r, 62 22 2 1 2 2 0 8 0 4  Ebenezer Downs, 100 30 1 1 5 2 0 10 0 5  Paul Gerrish, 17 27 2 0 8 1 0 4 0 2  John James, 34 33 1 0 7 1 0 4 0 2  ditto, 110 33 2 1 9 3 1 0 0 6  Ebenezer Wentworth, 50 53 1 1 9 3 1 0 0 6  ditto, 110 53 2 1 8 0 0 10 0 5  Joshua Roberts, 100 59 1 2 10 2 1 6 0 9  ditto, 110 59 2 3 7 2 2 0 1 0  Samuel Herd, 110 36 2 3 7 2 2 0 1 0  Stephen Varney, 70 38 2 2 5 0 1 4 0 8  Stephen Evans, 110 42 2 1 9 3 1 0 0 6  Samuel Dame, 100 70 1 2 9 0 1 5 0 9  William Twombly, 110 47 2 1 9 3 1 0 0 6  William Huffy, 70 79 1 1 11 0 1 1 0 7  Thomas Wallingsford, Esq. 110 85 2 2 10 0 1 6 0 9  Samuel Page's Gore 155 86 0 8 0 3 4 5 2 3  Solomon Emerson, 100 95 1 1 2 2 0 8 0 4  John Ham, 70 82 2 2 2 1 1 2 0 7  John Miller, 50 83 2 1 9 2 0 11 0 6  Ebenezer Hanson, 110 39 2 2 1 3 1 2 0 8  Thomas Downs, 110 72 2 1 2 2 0 8 0 4  William Gerrish, 100 87 1 2 5 0 1 11 0 8  John Marden, 55 74 2 0 7 1 0 4 0 2  John Hartford, 100 89 1 2 3 0 1 4 0 8  James Caney, 66 75 2 1 0 3 0 6 0 3  Richard Downs, 100 92 1 1 2 2 0 8 0 4  Solly and March, 110 77 2 1 3 2 0 8 0 4  Samuel Downs, 53 93 1 1 0 3 0 6 0 3  Benjamin Ham, 100 84 1 3 0 0 1 8 0 10  Thomas Downs, 50 72 1 6 0 0 3 8 1 10    DANIEL HALL, Collector. Wakefield, December 21, 1789.
This Day, New Auction.
Country Tarders, Shopkeepers, and others in town and country, are invited to Abra'm Isaac's AUCTION-ROOM in Water-Street, at Col. Sherburne's Brick-House, this Day—at which time and place will be sold at Public Vendue, a general Assortment of
GOODS,
suitable for the season, in large or small lots, as will best suit the purchasers.
The sale to begin precisely at 3 o'clock. The Subscriber having opened an Auction-Room proposes to carry it on stately once a week, viz. every Wednesday provided suitable encouragement offers. He will take goods in upon very low commissions, and will endeavour to do justice both to buyer and seller.
Constant attendance will be given, and the smallest favours gratefully acknowledged by the Public's humble servant, ABRAHAM ISAAC.
Portsmouth, Dec. 31, 1789.
By Licence of Judge of Probate. To be sold at public auction, on Tuesday the 26th of January next, at 10 o'clock A.M. precisely, at the late mansion house of Jonathan Moulton, Esq. deceased, in Hampton, the following personal and real estate of said deceased, viz.—
THE Household Furniture, consisting of Tables, Chairs, Beds, an elegant Chime Clock, and a variety of other articles—Also the Farming Utensils—A Pair of Horses, Carriages, &c.
A valuable Farm in Hampstead, containing one hundred and twenty Acres, with House and Barn, pleasantly situated, and only twelve Miles from Haverhill.
About sixteen Acres of cultivated Land in Rumney, late in possession of Colonel Craige.
About 150 Acres in Piermont, partly improved—A small Farm in said Piermont, containing sixty Acres with the Buildings—About fourteen Acres in said Piermont under cultivation, late belonging to Fenton—Six common shares or undivided Rights in said Piermont.
Also all the Buildings at Senter Harbour so called in New-Hampton, on Land not owned by said deceased.
Also Lands in Gilmanstown and other Towns, lately advertised and not sold.
Conditions of Sale known at time and place.
THOMAS LEAVITT, One of the Executors of said Moulton's last Will. Hampton, December 21, 1789.
B R A D F O R D.
State of New-Hampshire.
N OTICE is hereby given to the owners of land in Bradford, that the selectmen of said town have assessed their lands agreeable to an act of the Hon. General-Court of the State aforesaid, passed January 1789, for levying one penny annually for three years next following on each acre of land in said town, (excepting that part of the town which was taken off from Washington) therefore unless they pay the same to the selectmen of said town, on or before the 5th day of March next, so much of their land as will pay the same together with incidental charges will be sold at public vendue at ten o'clock, A. M. on said day at the dwelling-house of Ebenezer Eaton in said town.
   No. s. d.    Thomas Packer 71 8 4  Ditto 53 8 4  Ditto 58 8 4  Ditto 73 8 4  Solly and March 74 8 4    EBENEZER EATON, } Selectmen. ISAAC DAVIS, } Bradford, December 24, 1789. (Gov.)
B LANKS of all sorts printed and sold at J. MELCHER's Printing-Office, in Congress-Street, VERY CHEAP.
M A R L B O R O U G H.
State of New-Hampshire.
N OTICE is hereby given to the non-resident owners of land in Marlborough, who have not paid their taxes for the year 1788, that unless they pay the same to me the subscriber on or before the first Monday in March next, so much of their land as will pay the same together with incidental charges, will be sold at public vendue, at my dwelling-house in said town, at ten o'clock forenoon.
   No. R. Q'ty. s. d. q.    Henry Neal 52 0 80 3 3 2  Ditto 53 0 100 4 7 0  Thomas Cochran 59 0 24 1 1 1  Ditto 60 0 52 2 3 3  William Gilmore 4 4 100 5 10 2  Robert Willson 6 6 16 0 8 3  John Watson 14 0 33 1 8 0  Andrew Armer 3 6 50 1 11 2  Ditto 5 4 50 1 11 3  Samuel Allinson, jr. 5 6 100 4 7 0  Ditto 2 5 100 7 2 1  South End Ditto 4 1 43 2 7 3  James Moore 2 3 63 2 7 1  Ditto 81 0 43 1 3 3  Ditto 106 0 15 0 6 3  Ditto 40 0 19 1 3 3  Thomas Mellary 100 0 92 3 11 1  John Willson 12 0 92 1 11 1  Hough Montgomery 91 0 79 3 4 3  Ditto 90 0 86 2 11 3  Ditto 1 8 107 3 11 1  James Willson 7 5 10 1 4 1  Robert Moore 5 2 81 3 3 3  James Willson 10 5 100 3 3 3  Ditto 11 6 50 2 0 1  Thomas Cochran 10 2 85 2 0 1  Thomas Packer 86 0 98 2 11 2  Ditto 45 0 100 2 11 2  Thomas Wallingsford 4 0 50 1 3 3  Ditto 11 0 100 2 3 0  Meserve & Blanchard 99 0 50 2 7 3    DANIEL LAWRANCE, Collector. Marlborough, December 17, 1789.
H O L L I S.
State of New-Hampshire.
N OTICE is hereby given to the non-resident owners of land in Hollis, who have not paid their taxes for the year 1786, that unless they pay said taxes to me the subscriber on or before the 4th day of March next, so much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at the dwelling-house of the subscriber, in said town, at ten o'clock in the forenoon, on said day.
 No.
D.
Q'ty.
Specie.
Certificate.
Indents.
St. Cer.     

Remainder of the Judiciary Law of the United States.
AND be it further enacted , That in all cases brought before either of the courts of the United States to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other speciality, where the forfeiture, breach or non-performance shall appear, by the default or confession of the defendant or upon demurrer, the court before whom the action is, shall render judgment therein for the plaintiff to recover so much as is due according to equity. And when the sum for which judgment shall be rendered is uncertain, the same shall, if either of the parties request it, be assessed by a jury.
And be it further enacted , That a marshal shall be appointed in and for each district for the term of four years, but shall be removable from office at pleasure, whose duty it shall be, to attend the district and circuit courts when sitting therein, and also the supreme court in the district in which that court shall sit. And to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either, and before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies before the judge of the district court to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: "I A. B. do solemnly swear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of _____ under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshal's deputy, as the case may be) of the district of _____ during my continuance in said office, and take only my lawful fees. So help me God."
And be it further enacted , That in all causes wherein the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court or any justice or judge thereof may appoint, and the person so appointed, is hereby authorized to execute and return the same. And in case of the death of any marshal, his deputy or deputies shall continue in office unless otherwise specially removed; and shall execute the same in the name of the deceased, until another marshal be appointed and sworn: And the defaults or misfeasances in office of the deputy or deputies in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life and in the exercise of his said office, until his successor was appointed, and sworn or affirmed: And every marshal or his deputy when removed from office, or when the term for which the marshal is appointed shall expire, shall have power notwithstanding to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office, and the marshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor or shall be appointed and qualified as the law directs.
And be it further enacted , That in cases punishable with death, the trial shall be had in the county where the offence was committed, or where that cannot be done without great inconvenience, twelve petit jurors, at least shall be summoned and jurors in all cases to
serve in the courts of the United States shall be designated by lot or otherwise in each State respectively, according to the mode of forming juries therein now practised, so far as the laws of the same shall render such designation practicable by the courts or marshals of the United States; and the jurors shall have the same qualifications as are requisite for jurors by the laws of the State of which they are citizens, to serve in the highest courts of law of such State, and shall be returned as there shall be occasion for them, from such parts of the district from time to time as the court shall direct, so as to be most favourable to an impartial trial, and so as not to incur an unnecessary expence, or unduly to burden the citizens of any part of the district with such services. And writs of venire facias when directed by the court shall issue from the clerk's office, and shall be served and returned by the marshal in his proper person, or by his deputy, or in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit person as the court shall specially appoint for that purpose, to whom they shall administer an oath or affirmation that he will truly and impartially serve and return such writ. And when from challenges or otherwise there shall not be a jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court where such defect of jurors shall happen, return jury-men de talibus circumstantibus sufficient to complete the pannel; and when the marshal or his deputy are disqualified as aforesaid, jurors may be returned by such disinterested person as the court shall appoint.
And be it further enacted , That the mode of proof by total testimony and examination of witnesses in open court shall be the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty and maritime jurisdiction, as of actions in common law. And when the testimony of any person shall be necessary in any civil cause depending in any district in any court of the United States, who shall live at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of such district, and to a greater distance from the place of trial than as aforesaid, before the time of trial, or is ancient or very infirm, the deposition of such person may be taken de bene esse before any justice or judge of any of the courts of the United States, or before any chancellor, justice or judge of a supreme or superior court, mayor or chief magistrate of a city, or judge of a county court or court of common pleas of any of the United States, not being of council or attorney to either of the parties, or interested in the event of the cause, provided that a notification from the magistrate before whom the deposition is to be taken to the adverse party, to be present at the taking of the same, and to put interrogatories, if he thinks fit, be first made out and served on the adverse party or his attorney as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance after notified, not less than at the rate of one day, Sundays exclusive, for every twenty miles travel. And in causes of admiralty and maritime jurisdiction, or other cases of seizure when a libel shall be filed, in which an adverse party is not named, and depositions of persons circumstanced as aforesaid shall be taken before a claim be put in, the like notification as aforesaid shall be given to the person having the agency or possession of the property libelled at the time of the capture or seizure of the same, if known to the libellant. And every person deposing as aforesaid shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given after the same shall be reduced to writing, which shall be done only by the magistrate taking the deposition, or by the deponent in his presence. And the deposition so taken shall be retained by such magistrate until he deliver the same with his own hand into the court for which they are taken, or shall, together with a certificate of the reasons as aforesaid of their being taken, and of the notice if any given to the adverse party, be by him the said magistrate sealed up and directed to such court, and remain under his seal until opened in court. And any person may be compelled to appear and depose as aforesaid in the same manner as to appear and testify in court.
And in the trial of any cause of admiralty or maritime jurisdiction in a district court, the decree in which may be appealed from, if either party shall suggest to and satisfy the court that probably it will not be in his power to produce the witnesses there testifying before the circuit court should an appeal be had, and shall move that their testimony be taken down in writing, it shall be so done by the clerk of the court. And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction of the court which shall try the appeal, that the witnesses are then dead or gone out of the United States or to a greater distance than as aforesaid from the place where the court is sitting, or that by reason of age, sickness, bodily infirmity or imprisonment, they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions may have been taken therein, such depositions shall not be admitted or used in the cause. Provided, That nothing herein shall be construed to prevent any court of the United States from granting a dedimus potestatem to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice; which power they shall severally possess, nor to extend to depositions taken in perpetuam rei memoriam, which they relate to matters that may be cognizable in any court of the United States, a circuit court on application thereby made as a court of equity, may according to the usages in chancery direct to be taken.
And be it further enacted , That where any suit shall be depending in any court of the United States, and either of the parties shall die before final judgment, the executor or administrator of such deceased party who was plaintiff, petitioner or defendant, in case the cause of action doth by law survive, shall have full power to prosecute or defend any such suit or action until final judgment; and the defendant or defendants are hereby obliged to answer thereto accordingly; and the court before whom such case may be depending, is hereby empowered and directed to hear and determine the same, and to render judgment for or against the executor or administrator, as the case may require. And if such executor or administrator having been duly served with a scire facias from the office of the clerk of the court where such suit is depending twenty days beforehand, shall neglect or refuse to become a party to the suit, the court may render judgment against the estate of the deceased party, in the same manner as if the executor or administrator had voluntarily made himself a party to the suit: And the executor or administrator who shall become a party as aforesaid, shall, upon motion to the court where the suit is depending, be entitled to a continuance of the same until the next term of the court. And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
And be it further enacted , That no summons, writ, declaration, return, process, judgment, or other proceedings in civil causes in any of the courts of the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration or other pleading, return, process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially set down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act from time to time, amend all and every such imperfections, defects and want of form, other than those only which the party demurring shall express as aforesaid, and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe.
And be it further enacted , That for any
crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any justice of the peace, or other magistrate of any of the United States where he may be found agreeably to the usual mode of process against offenders in such State, and at the expence of the United States, be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States as by this act has cognizance of the offence: And copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case; which recognizances the magistrate before whom the examination shall be, may require on pain of imprisonment. And if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute a warrant for the removal of the offender, and the witnesses, or either of them, as the case may be, to the district in which the trial is to be had. And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law. And if a person committed by a justice of the supreme or a judge of a district court for an offence not punishable with death, shall afterwards procure bail, and there be no judge of the United States in the district to take the same, it may be taken by any judge of the supreme, or superior court of law of such State.
And be it further enacted , That the laws of the several States except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
And be it further enacted , That in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. And there shall be appointed in each district a metes person learned in the law to act as attorney for the United States in such district who shall be sworn or affirmed to the faithful execution of his office whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden. And he shall receive as a compensation for his services such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be. And there shall also be appointed a metes person learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided.
FREDERICK A. MUHLENBURG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, and President of the Senate. Approved—September the 24th, 1789. GEORGE WASHINGTON, President of the United States.
The Vendue for the sale of Pews which was advertised to be held at the South Meeting-House on the 3d day of December last, is adjourned to Thursday the 4th day of February next, at 3 o'clock, P. M. at said meetinghouse. This is to notify the delinquent proprietors that unless the arrearage tax on the pews are paid by said day they will be sold without further notice.
TIMOTHY GERRISH, Collector Portsmouth, January 13.

VIENNA [Germany] Oct. 27.
We learn by dispatches directly from Marshal LAUDHOHN, dated the 14th inst. that Osman Pacha, late Governor of Belgrade, a great number of Ecclesiastics, and people belonging to the profession of the law, with their families, servants, &c. amounting in all to 26,000 persons; together with the late Garrison, their families and effects, have departed in three divisions, partly by water and partly by land, for Orsova.
The conquest of Belgrade has cost Marshal LAUDHOHN's army very little to what it cost Prince EUGENE, who took it in the year 1717. By his returns it appears, that the slain and wounded of the imperial army were as follows: Cavalry, 1044 men killed—1582 wounded Of the Foot, 802 killed—1700 wounded.
Total killed, 1846 Wounded, 3282 Horses killed, 2741 Ditto wounded, 1358
The carnage on the side of the Turks was dreadful almost beyond precedent.
LONDON, November 5.
The advices from France yesterday are more ominous than any hitherto arrived. There seems to be arising a spirit of contradiction in various provinces. Brittany, Languedoc, Dauphine, Anjou, all threaten to convene their assemblies, and seem indisposed to act cordially with the National Assembly.
The Empress of Russia, it is said, has accepted the mediation of Great-Britain to restore peace to the North, and it is expected that happy event will soon take place, for all the powers at war seem tired and exhausted by the expence.
BENNINGTON, December 7.
A gentleman from the northward, informs, that on the 29th of October last, the following melancholy accident happened at Georgia, in this State:—It being a day appointed for training, early in the morning a number of young men went to the house of one of their officers in order to give him a morning gun; the first man fired his piece, the second man missed his fire, which being likely to render their intended salute irregular, the third immediately discharged his piece, when the whole contents entered the side of the second man, which broke his third and fourth ribs, and in a few hours put an end to his existence. The name of the deceased was Francis Ferguson; about 21 years of age. He has left a mother and sister in Albany, and a brother in Georgia to lament his death. Death wields his dart, and strikes the blow, Aske unfeeling for the high and low.
A L B A N Y, Dec. 24.
Col. Maxwell, who arrived in town last evening, from the county of Ontario, has favoured us with the following intelligence: That a waggon road, with bridges over all the creeks and rivers, quite to the Genesee river, 119 miles from Oneida, is now completed—the proprietors of the Genesee company having opened the road from Oneida to Cayuga, sixty-two miles in extent.—That the salt works are in such forwardness as to afford 40 bushels per day. That Mr. Ellicot, the Geographer-General of the United States, on the first of November last, applied to Col. Harris, the commanding officer at Niagara, for permission to pass that fortress, for the purpose of ascertaining the boundaries between the lands of the United States, and those purchased by Messrs. Gorham and Phelps, which was refused him; but when Mr. Ellicot arrived at the Genesee river, he was overtaken by an express from Col. Harris, who had sent him a pass, on which he returned to Niagara, where he received every mark of respectful and polite attention—the commandant having in the mean time, received orders, on the subject, from Lord Dorchester, to whom application had been made by the President of the United States. From this aspect of affairs in the west, may we not contemplate a participation of the fur trade, to say nothing of the posts?
BOSTON, Jan. 6.
INFORMATION FROM NEW-YORK.
Jan. 1, 1790. Congress were to meet on Monday next. And although the members arrive daily—yet it is not expected that the two Houses will be formed for several days—as since the adoption by North-Carolina, it is requisite that there be Thirteen members of the Senate, and Thirty-Three members of the House to form a quorum of each.
The Legislature of North-Carolina is met this day—and it is expected that
that State will be fully represented in the ensuing session.
DECEMBER 28, 1789.
A vessel arrived here yesterday, in 34 days from Ostend—HOSTILITIES HAVE COMMENCED in the Austrian Netherlands, between the PATRIOTS and the EMPEROR's Troops; several bloody actions have taken place, in which the PATRIOTS have gained the advantage.
Some of the particulars are—That one action was in Ghent—it lasted seven hours—the troops were obliged to take shelter in the citadel, from whence they sallied out in parties, killing, burning and destroying—at length the PEOPLE besieged and carried the citadel, making all who were not killed, prisoners.
The number of Patients admitted into the Philadelphia Dispensary last year, was 1863—of whom 1561 were cured—85 died—80 released—2 incurable—19 discharged—12 removed—and 96 remaining under cure.
Jan. 11. This day the General Assembly of Rhode-Island are to convene in the town of Providence.
Wednesday next the Great and General Court or Assembly of this Commonwealth, are to meet at the State-House in this Town.
The General Assembly of the State of North-Carolina, have elected his Excellency Samuel Johnston, Esq. (President of that State) one of the Senators of the United States.
Yesterday the Rev. Mr. John Thayer, who lately arrived from Rome, via France, and is invested with Holy Orders, for the first time celebrated Divine Service in the Roman Catholic Church in this town.
In a severe Storm of Snow and Hail, on the 30th of October last, upwards of 200 sail of Vessels were lost and dismantled between Yarmouth Roads and Shields on the Coast of Suffolk, in Europe, and several hundred Sailors perished; the dead bodies driven on shore, brought Tears into the Eyes of all who beheld them.
MARBLEHEAD, Dec. 31.
Norfolk, Dec. 8.—Capt. Hooper from Charleston in lat. 36, 28, long. 73, 30, fell in with a Schooner without a living creature or any papers on board—the had no name on her stern, only a single letter N. in the centre. She had on board a large quantity of wheat, flour, and bread—the flour marked 'Baltimore fine.'—Her pumps were choaked with wheat. Capt. Hooper took out of her 100 bbls. of flour and bread, cables, anchors, blocks, and running rigging—all which are to be sold for the benefit of those concerned.
PORTSMOUTH, January 13.
The Legislature at their present session have passed an Act, enabling SAMUEL SHERBURNE, Esq. Attorney of the United States, for the district of New-Hampshire, to take on himself the name of JOHN-SAMUEL SHERBURNE.
FROM THE CENTINEL.
SOON after the termination of the late war, foreigners of property, observing the enormous discount at which our Continental securities were sold, thought them a kind of property in which they might make profitable speculation. They have accordingly been employing agents in every part of the country to purchase them, and very large sums have crossed the Atlantic, never to return, except for payment. A single house in Holland had long since amassed the enormous sum of 1,300,000 dollars; and some gentlemen of good information suppose the total amount of public securities transferred to foreigners does not fall short of 10,000,000—above a third part of our domestic national debt. A large proportion of this was purchased at three shillings on the pound, and the whole will probably average at less than four.—But the principles of good faith and sound policy, which appear to actuate the Federal Legislature, leave us no room to doubt but that the real value of public securities will, in a few years, nearly coincide with their nominal—and that they will finally be paid without discount. What a wretched bargain! We have wanted for two millions of dollars what we must redeem with ten.
DARK TIMES IN FRANCE.
The National Assembly commenced their proceedings at Paris, the 19th of October.
The contributions of plate for public service, in France, amounts to about 120,000 marks of silver. A list of pensions is published; there are no less than 40,000 persons on it! The names, with the motives on which the pensions are founded, make three
large thick 4to volumes.—Such an influence was as a millstone hung to the neck of Liberty.—The new standing army is established—140,000 in peace—double that number in war. A spirit of opposition to the National Assembly appears to be kindling in several of the Provinces—as Normandy, Dauphine, &c.—The resolutions of the Nobility and Clergy of Theoulouze declare that the Majesty of the Sovereign is violated by the attempts of audacious men, who wish to govern the State, and substitute a real aristocracy for one which is only ideal, which they would fain create; that Religion and the Laws are prophaned; the rights and franchises of Provinces violated; and that the lawful authority of the Monarch and his liberty, were lost in the cabals of the National Assembly.
Martial Law has been proclaimed, but has not been put in execution but in one instance—the case of the murderers of a banker—Three districts of Paris are petitioning for the repeal of the law.—Count Mirabeau carried the following resolve in the National Assembly, on the 27th October, viz.—No bankrupt, or insolvent debtor shall be an Elector, or eligible, or become a Member of any Council, or Municipal Committee, or of any Provincial, or National Assembly." Oct. 28th, he carried the following, viz.—That in all the Assemblies, there should be, previous to an Election, a table on which should be written the names of all those young men, of the age of 21, in each Canton, who, by their conduct and morals were worthy of being elevated to the rank of citizens. That no citizen shall have power to exercise his right as citizen in more places than one, and no person shall be represented by proxy in any Assembly.
M. Camus the President of the N. Assembly being unpopular with the democratic party, they found means to harass him in such manner as to induce him to resign—and M. Freteau was elected to the chair. Oct. 29, the N. Assembly decreed, That to be eligible for the N. Assembly, it is necessary, besides the usual qualifications to be an Elector, to pay a direct contribution of one mark of silver, and to be a proprietor of land.
The King still resides in the Thuilleries, guarded by the militia. The ministry has, in a body, addressed the N. Assembly on the incompetency of the Executive power.
Constitution of Pennsylvania.
The Committee of the Convention, appointed to prepare a draught of a new Constitution, have made their report.—The Constitution, reported, vests the legislative power in a Senate and House of Representatives.—The Representatives are chosen for one year, by the citizens of Philadelphia, and of each county, respectively; the number never to be fewer than 60, or more than 100.—The Senate is not to consist of fewer than 16, or more than 32 members: the State is to be divided into districts; the people, when assembled for the choice of Representatives, are to elect, for every Representative, two persons, resident within their city or county respectively, as Electors of the Senator or Senators of their district: the Senators to be chosen for 4 years; to be classed, and their seats vacated, as in the Senate of the United States so that one fourth may be chosen every year; a Senator must be 30 years of age.—The doors of each House are to be kept open.—The Executive Power to be vested in a Governor, chosen by the people for 3 years—in capable of holding the office longer than 9 years successively, and of being elected again till 3 years after the 9 successive years shall have expired—he must be 30 years of age.—The Constitution provides for the establishment of a school or schools in each county, for the instruction of youth—the masters to receive such salaries from the State as shall enable them to teach at low prices: and the arts, sciences, and all useful learning, to be promoted in one or more universities.—A Bill of Rights is prefixed to the plan of government.
B O N M O T.
A DOG, going into a Quaker's shop in Philadelphia, helped himself to a leg of lamb that laid upon the table; which being perceived, he was turned out doors, with this address: "I will neither kick thee, nor beat thee—but I'll give thee a bad name." He accordingly turned him into the street, and cried MAN DOG, which soon stopped his course and life.
ENTRIES at the CUSTOM-HOUSE of this district.
CLEARED for Brig Mehetabel & Mary, Wingate Leith. —Active, White, W. Indies. —Two Sisters, Roach, Ditto. —Hero, Edwards, G. Britain.
INDENTS
and STATE CERTIFICATES
To be sold for Cash or country produce.—Apply to MOSES WOODWARD.
Portsmouth, Jan. 13, 1790.
John Frothingham,
Leather-Dresser, from Newbury,
INFORMS his customers and the public, that he has opened a shop opposite Mr. Bowles's in Daniel-Street Portsmouth, where he has for sale well dressed Deer, Moose and Sheep Skins, which he will sell as cheap as any Leather-Dresser in this or the neighbouring State.
HILLSBOROUGH.
State of New-Hampshire.
NOTICE is hereby given to the non-resident owners of land in Hillsborough, who have not paid their taxes for the year 1787, that unless they pay said taxes to me the subscriber on or before the third Thursday in March, so much of their land as will pay the same, together with incidental charges, will be sold at public vendue, at the house of John Dutton, innholder in said town, at ten o'clock A. M. on said day.
100 acre lot.
silver. con. cer. S. cer. s. d. s. d. s. d.
David Lowdodge, 3d Divisi. No. 6 in 29, } 2 9 1 10 0 10 300 acre lot.
Gilbert & Stratton, fourth part of Green's farm, } 8 3 5 6 2 5
CALVIN STEVENS, Collector. Hillsborough, Dec. 24, 1789.
B O W.
State of New-Hampshire.
NOTICE is hereby given to the proprietors or owners of land in the town of Bow, who have not paid their taxes for the years 1785, and 1786, that unless they pay said taxes to me the subscriber, on or before the first Tuesday in February next, so much of their land as will pay the same together with incidental charges, will be sold at public vendue, at ten o'clock in the forenoon, on said day, at my dwelling-house in said town.
100 acre lots for the year 1785.
   No.  R.  s.  d.  q.     Hon. J. Wentworth 1/2, 6 15 1 0 2  L't. Ephraim Moor, 7 11 2 1 0  James Kennison, 6 11 2 1 0  Jonathan Clarke, 3 10 2 1 0  Nicholas Wiggin, half, 8 12 1 0 2  Samuel Tibbetts, 3 14 2 1 0  Owen Runnels, 7 14 2 1 0  L't. Ephraim Moor, 9 15 2 1 0  John Piper, 3 17 2 1 0  Joshua Hill, half, 4 17 2 0 2  Col. Mark Hunking, 5 15 2 1 0  Joseph Jewett, 6 13 2 1 0  
20 acre lots.
  Richard Crocket, 46 0 0 5 0  Owen Runnels half, 82 0 0 2 2  Jonathan Clarke, 99 0 0 5 0  Edward Fifield, 101 0 0 5 0  Samuel Green, 102 0 0 5 0  Nathaniel Folsom, 103 0 0 5 0  Benjamin Veasey, 105 0 0 5 0  James Robinson, 128 0 0 5 0  George Jaffrey, Esq. 129 0 0 5 0  Joseph Loverin, 142 0 0 5 0  
100 acre lots for the year 1786.
Specie. Cert. Specie
   No.  R.  s.  d.  d.  d.     Jona. Clarke 3 10 1 2 6 1 8  James Kenison 6 11 1 2 6 1 8  Nath'l Stevens 7 11 1 2 6 1 8  N. Wiggin, half 8 12 0 7 3 0 10  Owen Runnels 7 14 1 2 6 1 8  Col. M. Hunking 5 15 1 2 6 1 8  John Piper 3 17 1 2 6 1 8  Will'm Burley 6 17 1 2 6 1 8  Hon. J. Wentworth, half 6 15 0 7 3 0 10  Joseph Jewett 6 18 1 2 6 1 8  
20 acre lots.
  Rich'd Crocket 46 0 8 — — —  O. Runnels, half 82 0 4 — — —  Jona. Clarke 99 0 8 — — —  Edward Fifield 101 0 8 — — —  Sam'l Green 102 0 8 — — —  Nath'l Folsom 103 0 8 — — —  Job Rollins 104 0 8 — — —  Benj'a Veasey 105 0 8 — — —  Noah Barker 126 0 8 — — —  Joseph Loverin 142 0 8 — — —  Nath'l Folsom 143 0 8 — — —  
BENJAMIN NOYES, Collector. Bow, December 7, 1789.