The gazette (Portland, Me.), 1799-03-11 00:00:00

The Gazette.
[NUMBER 46.]
By ELEZER ALLEY JENKS, Portland, Maine.
[VOLUME I.]
Portland.
MONDAY, MARCH 11, 1799.
Communication.
HAVING shewn that the pretended republicans are nothing but an opposition-party, that they were opposed to the constitution, and that their intention is to destroy it, I shall now proceed to examine whether they have provided a substitute for it, when they shall have laid it in the dust. Mr. Jefferson shall still answer all my enquiries.
ESSAY V.
IN the course of examining the constitution by conventions, it was uniformly observable that its opposers only found fault with several of its parts, and seldom or never proposed an amendment; or if they did, their objections were removed by farther consideration. But I do not know that in any instance whatever they undertook to say that we did not need a constitution, and so rejected the measure itself. The Vice-president is understood to go this length, and say that the constitution itself is ineligible, and not only so, but that even now, though it is interwoven with our very existence, it ought to be sent away and destroyed. Certainly it is to be expected of such bold and consummate politicians that when they propose a great change they should explain its advantages, and give us some prospect of our new condition. Or is it enough for the people's satisfaction that a distempered imagination or disappointed pride should prate about republicanism, and tell us that we are all wrong, and that if we do not rebel we are ruined? Let this suffice whom it will, it is not enough for me. While I am considering the plan proposed, it will always be a very material part of my enquiry "What we shall do next?"
Mr. Jefferson, like all his predecessors in opposition to the constitution, quarrels and frets at every thing from first to last, the Executive, the Judiciary, the officers of government, the banks, the funds, and in short the whole machine, but does not intimate anything as better, unless you can gather his wishes from the phrase "republic," or "tempestuous sea of liberty." It has been the constant reproach of this party that they could never tell what they would be at, nor whether they stood upon their heads or heels. If they would inform us what it is that they desire, and condescend to be particular and clear as other people are obliged to be, we should have little difficulty in laughing them out of countenance. But this is not to be expected of them; so long as they know that they have a jealous people to enslave, and that half the work is done to their hands in the predisposition of their audience. I ask pardon—It cannot be so I hope—but I say that they believe it, and act upon this presumption. They will be forever in the clouds—grasp them, you find nothing in your hand—strike them, you fall yourself for want of something to support the blow—pursue them; like an ignis fatuus they keep the same distance, and lead you astray without object, without arrival, or possibility of return. Such is the phantasm called a Jacobin, and such is Mr. Jefferson.
It is not fair, nay it is infamous, to seduce and delude the people with a persuasion that their government is wrong and that a foreign nation could set it right, without pretending to digest a single measure which ought to be adopted. It would be a "tempestuous sea" indeed, if the people could be induced to let themselves adrift without compass or rudder as Mr. Jefferson seems to desire. Could he guide them? Would his feeble voice be heard in the general uproar and dismay?—In the frantic rage of horror to which the panic of dissolution would reduce the people, even a woman would slay this Abimelech, and drink his blood.—Is not the 2. and 3. of September, the 10. August, and the procession to Versailles in France enough to appal a republican heart? Could the Vice-president soothe the fiery rage, palliate the dreadful rancour, and repel the bloody purpose, of disaffected human nature?—What then does he mean by his romantic image of "the tempestuous sea of liberty?" Does it become the gravity of the first magistrate of this nation? Have we no better hopes than to be governed, in case of Mr. Adams' decease, by a moon-struck visionary—an utopian philosopher?
But such is the popular notion of Mr. Jefferson, that I dare say he will have credit for some plan of his own, though he says nothing about it in this letter. I am content that he should; but it can be no plan but what resembles "the tempestuous sea," because that he has mentioned in the letter; and what he has not said ought not to outweigh, nor can it contradict what he has said. And I am perfectly willing that any friend of Mr. Jefferson, or any milk-hearted politician who has not yet chosen his side, should say all they possibly can in favour of a man who in plain black and white has declared his preference of the confederation to the constitution. So long as I have enough to designate him by,
those who think that benevolence towards such high responsibilities is any thing more or better than mere dangerous and pitiable weakness, may seek for apologies, if they like, in the limbo of vanity or wherever else they may be to be found. And if they choose to spend their lives in that nothingness and indecision of character which only smiles at villainy or even hankers to excuse it, and which has very nearly laid us already at the hateful feet of Talleyrand and a cursed crew whose energy alone has made them respectable—be it so; I must consider life as given for a less equivocal existence.
What answer then have we to the question "What would Mr. Jefferson prefer to the state of things in 1796?" None.—Except the vague intimation of our becoming more grateful to France, there is no advantage proposed by submitting the constitution. It is then evident that the Vice-president is the tool of France, the willing pander of her interests in the United States, and the beggar of her assistance to ruin his own country. "Injustice and ingratitude to France," are the Vice-president's words. I desire to know what we owe or ever owed to France. This is nothing but a little more cantankerous nonsense. Who supposes that the King of France interfered in the American war to give us freedom? Nobody who knows the alphabet of politics, or a single maxim of that proud monarchy. To humble England is always the policy of France, and she has had no other view in fighting these hundred years.—Nay, it is well known that at the peace of 1783 France was opposed to our independence, and that we owe it to the two very men who have been the greatest subjects of jacobin lying and detraction ever since, the President and Governor Jay. The firmness of these gentlemen resisted the intentions of the Count de Vergennes, which were to keep us subject to England, then sufficiently degraded. This is a well-known fact. But the Vice-president caught at least to say "ingratitude to THE KING of France;" for the French nation had no more to do in making that war or that peace than the Chinese or Siberian Tartars. When shall we see an end of this gibberish of republicanism and gratitude to France? When will the people see that it is all a farce, and worse than a farce, a lie?—Would gratitude to France be a constitution, a form of government, an order of things? No—but it would be "a tempestuous sea of liberty," which doubtless is vastly better and more philosophical.—Alas, Mr. Jefferson! who would have thought it?
[TO BE CONTINUED.]
Political Information.
Address
Of the Minority, consisting of 58 Members, in the House of Delegates in Virginia—which the Address of the Majority rendered necessary, for the explaining and justifying the opinions of the minority.
[Concluded from the last GAZETTE.]
2d. THE exercise of this power is supposed to have been suspended until the year 1808, by the 9th section of the first article of the constitution.
The words are, "the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person."
This is obviously designed as an exception to some given power. It would be extravagantly absurd to restrain until the year 1808, the exercise of that power which could not be exercised after that year. Whatever then is suspended by the article just recited, was considered as an existing thing on which the suspending clause could operate. It is the importation and migration of such persons as any of the states then existing should think proper to admit. But for this clause, then, it would be in the power of Congress to prohibit the migration of aliens into the United States. It will not be easy to find in the constitution a grant of power competent to forbid their entry, which is not equally competent to forbid their continuance in our country. But while this clause furnishes a strong argument in favour of the general power of Congress over the subject, it is necessary to show that the exception to that general power which it specifies, does not so modify it as to expose us to the machinations of aliens, who, in our bosom, may be conspiring our destruction.
To forbid indiscriminately the admission of certain classes of persons, and to order individuals of those classes to depart when they become dangerous, are certainly two distinct acts, which may be performed separately, and which do not necessarily interfere with each other. This cannot be questioned—but it is said that the power of ordering suspected aliens to leave our country may be so used as to destroy substantially the power of tolerating their migration; and it is granted that it may be so used: but
the possibility of abusing a principle is never supposed to be a correct argument against the power of retaining it, nor can it be admitted that the possibility of executing the last thing from the purse of every individual, is a sufficient objection to the existence of the power of taxation. The right of ordering aliens to depart from the United States is confined to those who are deemed dangerous; and such a construction of the law as would substantially deprive the states of the benefits resulting from the migration of such persons as they might think proper to admit, would be a preservation, and not an execution of it.
It may also be said with respect to Virginia, that she has not chosen to admit the migration of such persons as the alien law enjoins to depart. No law of this state authorizes the migration into it of persons of the description comprehended in the act of the United States; on the contrary, our laws expressly authorize the executive to apprehend and secure, or compel to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, from whom the President of the United States shall apprehend hostile designs against the said states. If then the power of ordering certain persons to depart is to be connected with that of admitting their migration, the state of Virginia does not admit, but excludes from her territory, all those who are contemplated by the alien law.
3dly. This law is also objected to, because it unites legislative, executive and judiciary powers in the President of the United States.
Legislation is the act of making or giving laws: Congress therefore in making this law performed the part of the legislature, nor is there any thing legislative in the execution of it. If indeed Congress by itself, or perhaps by commissioners appointed by itself, had executed the law, the charge would have worn some semblance of truth: but the commission of the execution of this law to the person charged by the constitution with the execution of all the laws of the union, is certainly in itself unexceptionable.—Nor does this act transfer to the President powers belonging properly to the judiciary. It does not involve a decision that its object has committed a crime. It is a measure of general safety, in its nature political, and not forensic, the execution of which is properly trusted to the department which represents the nation in all its interior relations. Every law, in its execution, requires some judgment, but the execution of the laws not on that account judicial.
4th. This act deprives the alien of his right to trial by jury. To this extraordinary allegation, it has again and again been answered, that this is a measure of preventive and not of punishing justice—who would require that a jury should be empanelled, in order to decide whether a nation had or had not cause to suspect a particular alien of dangerous designs against its peace?—who would require that the President should unfold to juries throughout the United States all the intelligence he may have received, perhaps from persons within the reach of those employing the aliens, and which establishes in his mind the reality of the danger to be apprehended?—Certainly a vested right is to be taken from no individuals without a solemn trial, but the right of remaining in our country is vested in no alien—He enters and remains by the courtesy of the sovereign power, and that courtesy may at pleasure be withdrawn.—That Virginia considers the two last objections groundless, is demonstrated by her own act on the same subject. By the second section of the sixty-second chapter of our laws; it is enacted, that "it shall and may be lawful for the governor, with the advice of the council of state, to apprehend and secure, or cause to be apprehended & secured, or compelled to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, who shall have made a declaration of war, or actually commenced hostilities against the said States, from whom the President of the United States shall apprehend hostile designs against the said States; provided information thereof shall have been previously received by the executive from him. And in all such cases the governor, with the advice of the council of state, shall, and he is hereby empowered, to send for the person and papers of any foreigner within this state, in order to obtain such information as he may judge necessary."
If the alien law of the United States be an union of legislative, executive and judiciary powers, so is that of Virginia; if one is unconstitutional by depriving an alien of trial by jury, so is the other. This is a question entirely separated from the power of the different governments; because the provisions of the one constitution, are in these respects as explicit as those of the other. This act of our legislature was not passed hastily or inconsiderately.—It was originally enacted in 1785; under the auspices of some of the most zealous opposers of the powers of the act of Congress.—It was revised, corrected, and reported by the judges and others appointed to collate and digest all the laws of the state. It was then re-enacted in 1792.
Never during this investigation, and re-investigation, did it occur to a single individual, that to order an alien to depart the commonwealth, first on the suggestion of Congress under the old confederation, and afterwards on the suggestion of the President under our improved constitution, united legislative, executive and judicial powers, or deprived an alien of a trial to which he was entitled, viz. trial by jury.
That this measure should originally have been suggested as necessary for national safety; that it should have been preferred through a long course of reflection; that it should be deemed free from the objection of uniting the powers of different departments in the executive, as also an act of driving an alien from his residence without a trial by jury, and yet that it should for the same causes produce a ferment in some states, as soon as the principle was adopted by Congress, might warrant reflections which we will not permit ourselves to express.
The act entitled, "An act in addition to the act entitled, "An act for the punishment of certain crimes against the United States," & which is commonly called the sedition law, subjects to a fine not exceeding two thousand dollars, and to imprisonment not exceeding two years, any person who shall write, print, utter or publish, or cause or procure to be written, printed, uttered or published, any false, scandalous, malicious writing or writings against the government of the United States, or either House of Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of Congress, or the said President, or to bring them, or either of them, into contempt or disrepute, or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States; or to excite any unlawful combinations therein for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of such law, or of the powers in him vested by the Constitution of the United States, or to resist, oppose or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government; the person accused is to be tried by jury, & may give in evidence the truth of the matter contained in the libel."
To constitute the crime, the writing must be false, scandalous and malicious, and the intent must be to effect some one of the ill purposes described in the act.
To contend that there does not exist a power to punish writings coming within the description of this law, would be to assert the inability of our nation to preserve its own peace, and to protect themselves from the attempts of wicked citizens, who, incapable of quiet themselves, are incessantly employed in devising means to disturb the public repose.
Government is instituted and preserved for the general happiness and safety—the people therefore are interested in its preservation, and have a right to adopt measures for its security, as well against secret plots as open hostility.—But government cannot be thus secured, if, by falsehood and malicious slander, it is to be deprived of the confidence and affection of the people. It is vain to urge that truth will prevail, and that slander, when detected, recoils on the calumniator. The experience of the world, and our own experience, prove that a continued course of defamation will at length fully the fairest reputation, and will throw suspicion on the purest conduct. Although the calumnies of the factious and discontented may not poison the minds of a majority of the citizens, yet they will infect a very considerable number, and prompt them to deeds destructive of the public peace and dangerous to the general safety.
This the people have a right to prevent: and therefore, in all the nations of the earth, where presses are known, some corrective of their licentiousness has been deemed indispensable. But it is contended, that though this may be theoretically true, such is the peculiar structure of our government, that this power has either never been confided to, or has been withdrawn from the legislature of the union.—We will examine these positions. The power of making all laws which shall be necessary and proper for carrying into execution all powers vested by the constitution in the government, of the United States, or in any department or officer thereof, is by the concluding clause of the eighth section of the first article, expressly delegated to Congress. This clause is admitted to authorize Congress to pass any act for the punishment of those who would resist the execution of the laws, because such an act would be inconceivably necessary and proper for carrying into execution the powers vested in the government. If it authorizes the punishment of actual resistance, does it not also authorize the punishment of those acts which are criminal in themselves, and which obviously lead to and prepare resistance? Would it not be strange, if, for the purpose of executing the legitimate powers of the government, a clause like that which has been cited should be so construed as to permit the passage

of laws punishing open resistance, and yet to forbid the passage of laws punishing acts which constitute the germ from which resistance springs? That the government must look on, and see preparations for resistance which it shall be unable to control, until they all break out in open force? This would be an unreasonable and improvident construction of the article under consideration. That continued calumnies against the government have this tendency, is demonstrated by uninterrupted experience. They will, if unrestrained, produce in any society convulsions, which, if not totally destructive of, will yet be very injurious to, its prosperity and welfare. It is not to be believed that the people of the western parts of Pennsylvania could have been deluded into that unprovoked and wanton insurrection, which called forth the militia of the neighboring States, if they had not been at the same time irritated and seduced by calumnies with which certain presses incessantly teemed, into the opinion that the people of America, instead of supporting their government and their laws, would join in their subversion. Those calumnies, then, tended to prevent the execution of the laws of the union, and such seems to be their obvious and necessary tendency.
To publish malicious calumnies against an individual, with an intent to defame him, is a wrong on the part of the calumniator, and an injury to the individual, for which the laws afford redress. To write or print these calumnies is such an aggravation of the crime, as to constitute an offence against the government, and the author of the libel is subject to the additional punishment which may be inflicted under an indictment. To publish malicious calumnies against the government itself, is a wrong on the part of the calumniator, and an injury to all those who have an interest in the government. Those who have this interest, & have sustained the injury, have the natural right to an adequate remedy. The people of the United States have a common interest in their government, & sustain in common the injury which affects that government. The people of the United States therefore have a right to the remedy for that injury, and are substantially the party seeking redress. By the second section of the third article of the constitution, the judicial power of the United States is extended to controversies to which the United States shall be a party; and by the same article is extended to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority. What are cases arising under the constitution, as contra distinguished from those which arise under the law made in pursuance thereof? They must be cases triable by a rule which exists independent of any act of the legislature of the union. That rule is the common or unwritten law which pervades all America, and which, declaring libels against government to be a punishable offence, applies itself to and protects any government which the will of the people may establish. The judicial power of the United States, then, being extended to the punishment of libels against the government, as a common law offence arising under the constitution which created the government, the general clause gives to the legislature of the union the right to make such laws as shall give that power effect.
That such was the contemporaneous construction of the constitution, is obvious from one of the amendments which have been made to it. The third amendment, which declares, that Congress shall make no law abridging the liberty of the press, is a general construction made by all America, on the original instrument admitting its application to the subject. It would have been certainly unnecessary thus to have modified the legislative powers of Congress concerning the press, if the power itself does not exist.
But although the original constitution may be supposed to have enabled the government to defend itself against false and malicious libels, endangering the peace, & threatening the tranquility of the American people, yet it is contended that the third amendment to that instrument has deprived it of this power.
The amendment is in these words: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press."
In a solemn instrument, as in a constitution, words are well weighed and considered before they are adopted. A remarkable diversity of expression is not used, unless it be designed to manifest a difference of intention. Congress is prohibited from making any law respecting a religious establishment, but not from making any law respecting the press. When the power of Congress relative to the press is to be limited, the word respecting is dropped, and Congress is only restrained from passing any law abridging its liberty. This difference of expression with respect to religion and the press, manifests a difference of intention with respect to the power of the national legislature over those subjects, both in the person who drew and in those who adopted this amendment.
All abridgment of the freedom of the press is forbidden, but it is only an abridgement of that freedom which is forbidden. It becomes then necessary, in order to determine whether the act in question be unconstitutional or not, to enquire whether it does in fact abridge the freedom of the press.
The act is believed not to have that operation, for two reasons.
1st. A punishment of the licentiousness is not considered as a restriction of the freedom of the press.
2d. The act complained of does not punish any writing not before punishable, nor does it inflict a more severe penalty than that to which the same writing was before liable.
1st. It is by freedom of the press is meant a perfect exemption from all punishment for whatever may be published, that freedom never has, and most probably never will exist. It is known to all, that the person who writes or publishes a libel, may be both sued and indicted, and must bear the penalty which the judgment of his country inflicts upon him. It is also known to all, that the person who shall libel the government of the state, is for that offence punishable in the like manner. Yet this liability to punishment for slanderous and malicious publications, has never been considered as detracting from the liberty of the press. In fact the liberty of the press is a term which has a definite and appropriate signification, completely understood. It signifies a liberty to publish, free from previous restraint, any thing and every thing at the discretion of the printer only, but not the liberty of spreading with impunity false and scandalous slanders which may destroy the peace and mangle the reputation of an individual or of a community.
If this definition of the term be correct, and it is presumed that its correctness is not to be questioned, then a law punishing the authors and publishers of false, malicious and scandalous libels can be no attack on the liberty of the press.
But the act complained of is no abridgment of the liberty of the press, for another reason.
2d. It does not punish any writing not before punishable, nor does it inflict a heavier penalty than the same writing was before liable to.
No man will deny, that at common law, the author and publisher of a false, scandalous and malicious libel, against the government or an individual, were subject to fine and imprisonment, at the discretion of the judge. Nor will it be denied, that previous to our revolution, the common law was the law of the land throughout the now United States.
We believe it to be a principle incontestibly true, that a change of government does not dissolve obligations previously created, does not annihilate existing laws, and dissolve the bonds of society; but that a people passing from one form of government to another, retain in full force all their municipal institutions not necessarily changed by the change of government. If this be true, then the common law continued to be the law of the land after the revolution, and was of complete obligation even before the act of our Assembly for its adoption. Whether similar acts have been passed by the legislatures of other states or not, it is certain that in every state the common law is admitted to be in full force, except as it may have been altered by the statute law. The only question is, whether the doctrines of the common law are applicable to libels against the government of the United States, as well as to libels against the governments of the particular states. For such a distinction there seems to be no sufficient reason. It is not to a magistrate of this or that description that the rules of the common law apply—That he is a magistrate, that he is clothed with the authority of the laws, that he is invested with power by the people, is a sufficient title to the protection of the common law. The government of the United States is for certain purposes as entirely the government of each state, chosen by the people thereof and clothed with their authority, as the government of each particular state is the government of every subdivision of that state; and no satisfactory reason has been heretofore assigned, why a general rule, common to all, and punishing generally the malicious calumniators of magistrates, should not be as applicable to magistrates chosen by the whole, as to those chosen for its different parts.
If then it were even true that the punishment of the printer of malicious falsehoods affected the liberty of the press, yet the act does not abridge that liberty, since it does not substitute a harsher or severer rule of punishment than that which before existed.
On points so extremely interesting, a difference of opinion will be entertained. On such occasions all parties must be expected to maintain their real opinions, but to maintain them with moderation and with decency. The will of the majority must prevail, or the republican principle is abandoned, and the nation is destroyed. If upon every constitutional question which presents itself, or on every question we choose to term constitutional, the construction of the majority shall be forcibly opposed, and hostility to the government excited throughout the nation, there is an end to our domestic peace, & we may ever bid adieu to our representative government.
The legislature of Virginia has itself passed more than one unconstitutional law, but they have not been passed with an intention to violate the constitution. On being decided to be unconstitutional by the legitimate authority, they have been permitted to fall. Had the judges deemed them constitutional, they would have been maintained. The same check, nor is it a less efficient one, exists in the government of the Union. The Judges of the United States are as independent as the Judges of the state of Virginia, nor is there any reason to believe them less wise or less virtuous. It is their province and their duty to construe the constitution and the laws, and it cannot be doubted, but that they will perform this duty faithfully and truly. They will perform it unwarned by political debate, uninfluenced by party zeal. Let us in the mean time seek a repeal of any acts we may disapprove, by means authorized by our happy constitution; but let us not endeavour to disseminate among our fellow citizens the most dead-
ly hate against the government of their own creation, against the government, on the preservation of which we firmly believe the peace & liberty of America to depend, because in some respects its judgment has differed from our own.
Various other points are noticed in the address, alike calculated to excite your resentment and provoke your resistance. Seriously do we regret the expression of such sentiments by a body so respectable.
At a time when all ought to unite in repelling every evidence of existence of division in the United States on which division, our enemy calculates, and with her knowledge of which has had the presumption to upbraid us, it cannot but inflict a deep wound in the American mind, to find the Commonwealth of Virginia exhibiting through her legislature irreconcilable testimonies of the degrading charge; nor will the embittering reflection be softened by the declaration of a determination to repeal a foreign invasion, which is occasionally interposed in those proceedings. Hatred to government is unapt to beget a disposition to unite in its defence, and more probably would project other schemes, coupling defence from invasion with changes of political system. The result of which might be union with the invader, for the purpose of accomplishing a delectable reform. Unfortunately for the human race, such coalitions have happened, and unfortunately for the American people, another instance of like conduct may be afforded. Exhortations to disregard foreign danger, under pretence of opposing domestic usurpation, is an artifice which has been often used to divide and ruin republican governments. Switzerland has lately afforded a fatal proof of this melancholy truth, and may heaven avert the like fate from us.
One other fertile topic of complaint against the general government, we must notice; its fiscal arrangements, and increasing expenses.
In considering this subject, always recollect that our revolutionary war left the nation with a heavy debt (the price of its independence) and bereft of the means of discharging it.
When an individual or a nation cannot pay the principal of an honest debt, and can pay the interest, every fair motive commands the principal to be secured, and the interest to be punctually paid. Obedience to this honest injunction produced the funded debt of the United States; and although we pretend not to say that some mode more consonant to the American character might not have been adopted, producing the same end, yet we do assert that the mode adopted was the result of much labour, and much investigation, & that it received the constitutional sanction. From this we infer that acquiescence in, and support of the system, is the proper conduct of every good citizen.
Added to these original debts, has been the vast expense of defending Kentucky and the western frontiers from the Indian enemy, and the establishment of government in the north and south western territories.
At present, the defence of the United States claims money, and their defence cannot but swell considerably the public demand.—The state is our all—and to save his all, who would begrudge a part?
But we derive great consolation in reminding ourselves of the following facts:—Our resources are vast, are annually increasing, are managed with ability, and disbursed with integrity—That they are applied to promote the people's good, only consonant to their intention, and by their chosen servants—That the choice of our functionaries recurs as usual, when the faithful servant will receive his reward, and the unfaithful be ordered to depart—That we are a great, powerful and independent nation—and that the safety and happiness of such a people cannot be promoted without proportionate supplies of their money—That the weight of taxation in the congressional system falls almost entirely on the rich—That the capacity to pay arises in proportion to our security from abroad, and our tranquility at home—That the preservation of peace is as it has been, our constant desire, to prevent the interruption of which our government has ably and perseveringly struggled—That war, in defiance of all our endeavours, impends over our heads—and that to avert its calamity we must be prepared to meet it like men.
Continuing to confide in our government—continuing to regard union as the rock of our political salvation, and the constitution as the means of its preservation—continuing to prefer a state of peace without dishonour, we will not turn from the perils of war with a degraded name, but like our fathers will be ready to risk life and fortune; expecting from the timely exertions of our government, to be enabled to meet any and every enemy on equal terms.
Legislature of Massachusetts.
ON Friday the 1st inst. the Legislature were prorogued to the Tuesday preceding the last Wednesday in May. In the course of the session, they have passed the acts of which the following are the heads.
An act in addition to an act which passed on the 26th day of Feb. 1794, entitled, "an act to incorporate a society by the name of the Trustees of the Baptist Education Fund."
An act in addition to an act for confirming the Records of a Plantation called Bridgeton.
An act limiting the time within which petitions for Wages which have been drawn by Forged Orders shall be sustained.
An act to incorporate a number of the inhabitants in each of the towns of Sydney, Belgrade and Augusta, in the county of Lincoln, into a distinct Religious Society, by the name of the First Baptist Society in Sydney.
An act to incorporate sundry inhabitants of the town of Mansfield, in the county of Hampshire, and of the towns adjoining thereto, into a Religious Society by the name of the Protestant Episcopal Society in Mansfield.
An act in addition to an act entitled, "an act for incorporating certain persons for the purpose of building
a bridge over Kennebec River, at Fort Western, in the town of Hallowell."
An act exempting Mile Stream, in the towns of Vassalborough, Winthrop and Harlem, from the operation of all Laws regulating the Salmon, Shad and Alewife fishery in said towns.
An act regulating the fourth enacting clause of an act passed June 1798, entitled, "an act for incorporating certain persons for the purpose of building a Bridge over Acushnet River, in the town of New Bedford."
An act in addition to an act entitled, "an act directing that pews and Rights in Houses of Public Worship shall be considered as Real Estate, and for regulating the same."
An act in addition to an act made and passed in 1791, entitled, "an act directing the manner in which Inquests of Office shall be taken to Revest Real Estate in the Commonwealth, or entitle the Commonwealth thereto."
An act to incorporate John D. Dennis and others into a society by the name of Marblehead Marine Society.
An act for changing the name of Isaac Vose to that of Isaac D. Vose.
An act in addition to the act establishing the First Massachusetts Turnpike Corporation.
An act to set off that part of the estate of Simeon Cutler which lies in Medway, in the county of Norfolk, and to annex the same to the town of Holliston in the county of Middlesex, for the purpose therein expressed.
An act in addition to an act, entitled, "an act to incorporate sundry persons by the name of The Massachusetts Fire Insurance Company."
An act to incorporate Stephen Higginson and others into a company by the name of the Boston Marine Insurance Company.
An act to empower the inhabitants of the town of Boston, to choose a Board of Health, and for removing and preventing Nuisances in said town.
An act to change the name of Gideon Thayer to Gideon Latimer Thayer.
An act in addition to an act, entitled, "an act for dividing and separating the interest, or propriety in the Locks and Canals, opening and proposed to be opened on Connecticut River, in the county of Hampshire, called the Upper and Lower Canals."
An act in addition to an act, entitled, "an act to prevent damage by mischievous Dogs, passed 25th Feb. 1792."
An act concerning the proprietors of Lebanon.
An act in addition to an act, entitled, "an act for regulating the taking of Shad, Alewives and other fish in Neponset River, and the several streams from the ponds called Punkapog and Massapog."
An act to divide the county of Lincoln, and to constitute the northerly part thereof a separate county, by the name of the county of Kennebec.
An act to alter the name of Jeremiah Williams to the name of Jeremiah Wadsworth Williams.
An act to incorporate a number of the inhabitants of the town of Wrentham, in the county of Norfolk, into a religious Society by the name of the Congregational Society in Wrentham.
An act enabling proprietors of Aqueducts to manage the same.
An act to cede to the United States a tract of land at Gay Head, for a Light House.
An act to incorporate a society by the name of the Roxbury Charitable Society.
An act providing for the safe keeping the Records of the several Notaries Public in this Commonwealth.
An act to incorporate the inhabitants of the northerly part of the town of Wrentham, in the county of Norfolk, into a separate parish.
An act to continue in force an act passed in 1796, entitled, "an act establishing and regulating the Fee, of the several officers and other persons hereafter mentioned, and for repealing the laws heretofore made for that purpose."
An act specifying the evidence to accompany accounts exhibited for the support of the poor of this Commonwealth.
An act to set off a tract of land from the towns of Athol and Gerry, and to annex the same to the town of Royalston.
An act to confirm the sales by the South Parish in Scituate, in the county of Plymouth of certain lands given for the use of the Ministry in said Parish, and to incorporate certain persons as Trustees to manage the Funds raised by said sales for the permanent support of the Gospel Ministry in said Parish.
An act to set off part of the town of Dighton in the county of Bristol, and to annex the same to the town of Berkley in said county.
An act altering the name of William Roberts, to William Leate Roberts.
An act for establishing an academy in the South Precinct of Bridgewater, by the name of Bridgewater Academy.
An act to prohibit the taking of stones, gravel or sand, from the beaches in the town of Chelsea.
An act to annex the township No 4 in the First Range, north of the Waldo Patent to the county of Kennebec.
An act for regulating the manufacture and sale of Bread.
An act to set off part of the town of Woburn in the county of Middlesex and to incorporate it into a town by the name of Burlington.
An act to apportion and assess a tax of 133,435 dollars 13 cents, and providing for the reimbursement of 21,438 dollars, paid out of the public treasury to the members of the House of Representatives for their attendance the two last Sessions of the General Court.
An act to alter the time of holding the Courts of General Sessions of the Peace and Court of Common Pleas in the County of Washington.
An act regulating the taking of the fish called Alewives in Island Creek Brook, so called, in the town of Duxbury.
An act to regulate the taking of the fish called Alewives in Montuquot River in the town of Braintree.
An act for establishing an Academy in the town of Framingham by the name of Framingham Academy.
An act in addition to an act, entitled, "an act for giving Remedies in Equity."
An act for changing the name of William Boardman to that of William Henderson Boardman.
An act in addition to and for the amendment of an act, entitled, "an act to prevent the destruction and to regulate the catching of fish called Alewives, in the Rivers and Streams in the town of Falmouth, in the county of Barnstable."
An act for regulating the fishery in the town of Woolwich, in the county of Lincoln.
An act establishing the Williamstown Turnpike Corporation.
An act for establishing a Corporation by the name of the Fifth Massachusetts Turnpike Corporation.
Miscellaneous Article.
The conduct of Ad. Nelson, after the action off the Nile, forms a striking contrast to the mad impiety of our Modern Philosophers . On the morning of the 2d of August, after the battle, he sent the following memorandum to the different Captains of his squadrons:
"Vanguard, Aug. 2, 1798. "Almighty God having blessed His Majesty's arms with victory, the Admiral intends returning Public Thanksgiving for the same at two o'clock this day, & he recommends every ship doing the same as soon as convenient."

Commonwealth of Massachusetts.
By His Excellency Increase Sumner, Governor of the Commonwealth of Massachusetts, A PROCLAMATION, For a day of Solemn Fasting, Humiliation and Prayer.
A JUST sense of dependence on ALMIGHTY GOD for mercies, both of a temporal and spiritual nature, expressed by appointed days for Humiliation and Prayer, having hitherto marked the character of the inhabitants of Massachusetts, and which, it is devoutly to be wished, may ever distinguish with honor, the character of their successors by an imitation of a practice suggested to man, from a consideration of his imperfect dependent condition. This ancient usage, invites the inhabitants of this Commonwealth, to follow an example, which, while it prepares the human heart for the grateful reception of the Divine Favors, is productive of the greatest benefit to society in a moral, civil, and religious view.—Under these impressions,
I have thought fit, by and with the advice of the Council, to appoint Thursday, the Fourth day of April next, to be observed throughout this Commonwealth, as a day of FASTING, HUMILIATION & PRAYER.—Calling on Ministers and people of every denomination, to assemble on that day, in their respective places of public Worship, and with united hearts penitently confess their sins before Almighty GOD, & to implore forgiveness through the great Mediator, and humbly to entreat the blessing of GOD upon the concerns of the ensuing year.—In particular, that he would be pleased to guide and prosper the administration of civil Government within this Commonwealth.—That he would afford his guidance and blessing to the PRESIDENT of the United States, and enable him to discharge with fidelity and firmness the arduous duties of his important station, and, that the councils and determinations of our national Government, under the direction of Heaven, may be founded in wisdom and justice, and receive the approbation and zealous support of our Citizens; so that their happiness may thereby be promoted.—That he would be pleased to strengthen the union of these States, and not to suffer any evil design, that may be formed against them to prosper.—That he would inspire those in civil Authority, with a just sense of the importance of the trust committed to their care, and enable them to discharge it with fidelity.—That the people may continue to be impressed with a public spirit, and true love of their country; properly appreciating the blessings of civil and religious Liberty, by which they are distinguished as a nation: And that truth, piety and righteousness, which exalt a nation, may universally prevail.—That he would be graciously pleased to bless the labours of the industrious Husbandman, and so to order the seasons, as that the year may be crowned with a plentiful harvest.—That he would guide and direct our University and other Seminaries of learning within this Commonwealth, so that the rising generation may be impressed with the principles of true religion and virtue, and be properly instructed in every branch of useful learning.—That he would afford us the means of protecting our Commerce, Navigation and Fishery from unjustifiable interruptions, & give success to all our lawful undertakings.—And I do further recommend, that earnest & fervent supplications be made to the fountain of Mercies, that he would be graciously pleased to continue Health in our habitations, and that of his abundant mercy, he would prevent the return of that alarming and mortal disease, which lately has been permitted to visit our Capital, and other places, by which so many of our inhabitants were cut off in the midst of life and usefulness.—And that by his gracious influence, he would put a stop to the progress of such licentious principles &
opinions as have a tendency to promote profanity and irreligion, degrade the character of Man, and deprive him of his hopes and felicity in a future and better life: And that through his abundant goodness we may be preserved from every desolating Judgment.—That by his gracious influence the United States of America may be protected from the insidious designs of their enemies, as well as from open hostility.—And that the nations of the Earth may be led to respect the rights of each other, and that on this basis an honorable and permanent Peace may be established.
And I do earnestly recommend that all servile labor and Recreation may be suspended on the said day. Given at the Council Chamber, in Boston, this twenty-eighth day of February, in the year of our Lord 1799, and in the 23d year of the Independence of the United States of America. INCREASE SUMNER. By His Excellency's command, with the advice and consent of the Council. JOHN AVERY, Secretary. God save the Commonwealth of Massachusetts!
Legislature of the Union.
HOUSE OF REPRESENTATIVES.
MR. LYON took a seat. Soon after, the Hon. Mr. BAYARD proposed the following Resolution: Resolved, That Mathew Lyon, a member of this House, having been convicted of being a notorious and seditious person, and of a depraved mind, and wicked and diabolical disposition, and of wickedly, deceitfully and maliciously contriving to defame the government of the United States, and of having with intent and design to defame the government of the United States, and JOHN ADAMS, the President of the United States, and to bring the said Government and President into contempt and disrepute, and with intent and design to excite against the said Government and President the hatred of the good people of the United States, and to stir up sedition in the United States, wickedly, knowingly and maliciously written and published certain scandalous and malicious writings or libels, be therefor expelled this House.
Mr. Bayard observed that the above resolution was copied from the record of the trial.—Mr. Nicholas objected to the technical phraseology of it, containing particulars never enquired into upon trial. Mr. Bayard explained—No decision was had on the question.
Several Vermont petitions against the Sedition Law, &c. were ordered to lie on the table. The House took up the report of the Committee of the Whole, on the bill for encouraging the capture of French privateers, by allowing a bounty on guns, and the motion being to strike out the first section of the bill, a long debate ensued, when it passed in the affirmative, Yeas 52, Nays 48. The bill was of course negatived.
The motion to expel Lyon from the House, was decided, Yeas 49, Nays 45. Two thirds being necessary, the vote was not carried.
The Treasury Department reported on the damages awarded, respecting the capture of the ship Niger. Committed. The Marine Corps augmentation Bill, was read, and committed. Two Appropriation Bills passed.
Mr. Varnum called up a resolution for re-enacting the law, directing 80,000 militia to be held in readiness. After considerable discussion, in which the measure was opposed by Messrs. Allen, Dayton, Dana, Scull and J. Williams; and advocated by Messrs. Varnum, M c Dowell, Gallatin, the Clatbournes, Harper, Nicholas, Venable, and S. Smith; the resolution passed 48 to 40; and Messrs. Varnum, M c Dowell and Harper, were appointed to report a bill thereon.  The amendments of the Senate to the Land Tax, were taken up. That which empowers the Secretary of the Treasury, to increase, where he may think it necessary, the Assessors pay to Two Dollars per day, occasioned a long debate. It was however finally carried 57 to 36.  Information was received, that the President has approved the acts passed providing for the National Defence, which passed the Legislature.  The Navy Government bill, was read a third time, and passed; as was the Boon Island Beacon bill.  An additional Appropriation Bill, for 1799, was read and committed.  ALIEN and SEDITION LAWS, &c. The Committee, to whom was referred, the petitions complaining of these and other Laws, reported, at much length thereon. After replying to all the complaints against them, and confirming their constitutionality and necessity; in a plain and impressive manner the Committee recommend the following resolutions, viz.  Resolved, That it is inexpedient to repeal the act passed the last session, intitled, "An act concerning Aliens."  Resolved, That it is inexpedient to repeal the act passed the last session, intitled, "An act in addition to an act, intitled an act for the punishment of certain crimes against the United States."  Resolved, That it is inexpedient to repeal any of the laws respecting the navy, military establishment, or revenue of the United States.  After these resolutions had been discussed, as usual, in committee of the whole, they were taken up in the House, and passed upon. The question on the first resolution was put, and carried. Yeas 52, Nays 48.  THE GAZETTE.  Portland.  Monday, March 11, 1799.  From J. Russell Esq. Gazette—March 7.  American Navy!  The bravery of American Tars proved.  Several gentlemen, arrived last evening from Newport, have obligingly furnished the Editor with the following important article:—  They inform, that two vessels have arrived at Newport, from St. Kitts, in short passages, bringing intelligence that Captain TRUXTON, of the Constellation, had fallen in with the Insurgent French frigate of 44 guns, and engaged her for near two hours, when the Insurgent surrendered herself to the American commander, after having her masts shot away, and loosing 50 men killed. The Constellation had thirteen men killed and wounded. Our informants add, in corroboration of the above, that one of the captains, arrived at New Port, saw the Constellation towing her prize into St. Christopher's as he was coming out.  The recently received accounts from London, which are to Dec. 20, speak not officially of the fall of Buonaparte; but gives the news which we a few days since published, in a great variety of shapes and through a great variety of sources.—These accounts add, that immense bodies of troops are stationed on the continent, ready for active operation, in case the sound of war should be more agreeable in the ears of Frenchmen than the still small voice of peace and friendship.  MISSION TO FRANCE.  From Philadelphia we learn, that the President of the United States, has made an additional nomination to the Senate, of PATRICK HENRY, Esq. of Virginia, and OLIVER ELLSWORTH, of Connecticut, present Chief Justice of the United States, to negotiate with France in connection with Mr. MURRAY, provided the French make suitable overtures,  The report that the Senate had negatived the nomination of Mr. Murray, arose from a paragraph in a New-York paper of the 25th ult. Accounts since received from Philadelphia, prove it to have been untrue. It was undoubtedly fabricated and circulated to injure the popularity of the President of the United States.  The report of the election of James Monroe as Federal Senator, is not confirmed in the latest Virginia papers.  The sale of stamps, for the last six months of the year 1798, amounted to 93,611 dollars 82 cents.  Governor JAY and General HAMILTON were both at Philadelphia, the 26th ult.  A commodious Arsenal has been lately built in New-York.  Abundance of excellent Flint Stones are found on the shores of the outlet of Lake Erie.  The Legislature of New-York, has granted two townships to the agricultural Society.  FOR THE GAZETTE.  Such Things Are.  NUMBER X.  AUTHORS, like topers are sometimes allowed to nod in their elbow-chairs. Stupidity is not produced in us by a laxity of spirit, but by a profusion of matter—from which it is difficult to select and arrange the most useful. Every day is pregnant with the most interesting events; yet the mind, like a duck sailing on the water, seldom penetrates below the surface. All is darkness to the unobserving traveller—but to the philosopher and statesman, who judge of causes by their effects, a languid indifference is criminal.  A new scene of speculation is now before us.—France has offered to receive a minister, and has promised to hear our complaints. What affrontry! what arrogance! what wicked policy! What think ye, my readers, is the view of the Directory in this mysterious business? We will endeavor to unravel it. When France rejected our former minister, she was in hopes that her conduct would be patronized by the people of this country.—She, however, discovered her error, and has resolved to repair it by one of the most masterly strokes in diplomatic history. Her infamous Directors reason thus:—Such has been our treatment to America, that the President cannot consistently with dignity and honor appoint another minister to negotiate a peace;—we will therefore make the offer; and if he refuses, as most probably he will, we shall be able to throw the blame on the American Government, and thereby excite the people against it—Even should he, contrary to our wishes and expectations, comply with our offer, still we can protract the negotiation—give time for our cruisers to plunder the property of American citizens—ultimately we can make such propositions as we know will not be accepted—and then, with the appearance of honesty and fairness, we will justify our proceedings, and impute the failure of a peace to the obstinacy and injustice of the American minister. Therefore in either event, we are sure to win the game—and to effect a change of public sentiment.  This, Americans! is the plain language of the measure before us—Read it, and think for yourselves.  From Boston, March 6. The Supreme Judicial Court, now sitting in this town, has been occupied in the trial of Mr. Abijah Adams, one of the persons employed in the office of the Chronicle, and brother of the printer of that paper, on an indictment for a libel on the Legislature of this Commonwealth, published on the 18th ult. After a long and patient hearing, the traverse jury had the cause committed to them, on Monday evening; and yesterday returned a verdict of guilty of publishing. Sentence has not yet been pronounced.  MARRIED—In this town, Mr. DANIEL SKILLINGS, to Miss POLLY MERRILL. At Wiscasset, Mr. William Averill to Miss Polly Hodge.  DIED—At Wiscasset, Mr. William Boynton, aged 87.—Mrs. Nancy Wilson.—Mr. John McKenny. At Bristol, Mrs. Nancy Nickels, aged 38, consort of James Nickels, Esq.—Alexander Nickels, Esq. aged 78. At Machias, Mrs. Rebecca Stillman, aged 46, consort of George Stillman Esq.  SUICIDE—At Wharley (Mas.) Mrs. Lydia White, aged 33, strangled herself on the 22d ult. She was highly respected in that town; and was led to the deed by a religious despondency.  Marine News.  From Wiscasset, March 2.  Arrived here on Thursday evening last Schooner Apollo, Capt. WILLIAM CLIFFORD 25 days from Nivis.—After being out 5 days, he was boarded by a French privateer Schooner of ten guns, and taken without asking any questions—they took out the mate, and all the crew except one man, Mr. SOLOMON TRASK, who feigned himself exceedingly sick. The French had possession of the vessel about 24 hours.—The prize-master's pistols were lying in the binicle, and his cutlass on it. Capt. Clifford, slyly took his pistols and cutlass while he was leaning over the quarter talking with another prize-master on board a Kennebec Schooner which was also captured at the same time.—He gave the pistols to Mr. Trask—the prize master turning his head saw Capt. Clifford with his cutlass he sprung to the binicle for his pistols, and finding them gone, he called to the other Schooner, which was very near, to fire on the Apollo, but the Capt. ordered Mr. Trask to blow him through if he did not countermand what he had said, which he complied with.—They had on board 6 Frenchmen—Mr. Trask drove four down the fore scuttle and after wards put the fifth down and secured them, and kept the prize-master on deck.—Five days after, fell in with a Philadelphia Schooner bound to Jamaica, on board of which he put two of the prisoners.  After the Apollo was safe moored in the harbour of Wiscasset the four remaining prisoners were delivered into the hands of proper authority. Three were committed to prison, and the fourth being the prize-master, tarried at the house of Joseph Tinkham, Esq. Deputy Marshal.  [The above was obligingly handed for insertion in last Monday's Gazette, but was unluckily mislaid.]  A great variety of matter prepared for this day's Gazette is unavoidably omitted for want of room.  PAINTS for sale.  JUST RECEIVED, AND FOR SALE By William Codman,  At his Store, Fifth street. WHITING, White Lead, Red Lead, Spanish Brown, Verdigris, Prussia Blue, and Linseed Oil.  ALSO, A quantity of GUN POWDER, of a superior quality—With a general assortment of  European, India, & W. India GOODS,  on the most reasonable terms for cash. Portland, 9th March, 1799.  Joshua Blake,  (at the store formerly occupied by Mr. R. Boyd) HAS JUST RECEIVED AND FOR SALE, on the lowest terms for cash, A VARIETY OF  European & India GOODS,  AMONG WHICH ARE.  Superfine black, navy blue, dark mix'd and other coloured BROAD CLOTHS, Plain and emboss'd Kerseymeres, Men's best plain and emboss'd English Sattins, India ditto, German Serges, Devonshire Kerseys, Coatings and Lambkins, Elastics and Orleans Stripes, Flannels and Baizes, Scotch Carpetings, Crapes, Wildboros, and Camblets, Black and coloured Ruffles and Calimancoes, Moreans and Taboreans, Shalloons, Durants and Tamnies, Sattins and Lastings, Twill'd Velvets and Thistlefests, Marcelline quilt, Swan-down, and Silk Waistcoating, Patent, ribb'd and plain worsted Hose, Black and white Silk ditto, White and fancy Cotton ditto, Silk, Beaver, and knotted worsted Goves, Ladies' Kid & Silk ditto, Kid, morocco and cloth Slippers, Miffes morocco ditto, Thread, Edgings and Laces, Bugle Trimmings, Plumes, Spangles, Silk Girdles, Black, white and coloured Sattins, Black, white, plumb coloured, and a variety of changeable Lustings, Black Modes, Saracens of all colours, Silk Crapes and Tiffanies, Plain & Crape Gauzes, Chintzes and Copper-plates, Book and Jaconet Muslins, Mullineys and Dimities, Silk and Muslin Shawls, Book and Jaconet Muslin Handkerchiefs, Black, Bandanna and check'd silk ditto, Irish Linens and Sheetings, Check'd Linens and Bed Ticks, India Cottons, coarse and fine, Men's Nelson crown'd beaver Hats, Violin Strings, Umbrellas, Men's worsted Caps, No. 3 and 4 Dutch Ribband, French and English coloured ditto, Galoons and Ferrers, Black silk Laces, Silk twills, & sewing silks, Tapes, Bobbins, and shirt Buttons, Belt polish'd Steel, pear Italian and metal Buttons, Pine, Chappel Needles, Scissors, Penknives, Pocket Books, &c. &c.

POETRY.
SONG.
A SMILE and a TEAR.
YOU own I'm complacent, but tell me I'm cold; Then must I my youth's early sorrows unfold; Must waken remembrance to joys that are fled, Now hope is extinguish'd and passion is dead? I have lost in life's morn all that life could endear, And, if I seem cheerful, I smile thro' a tear.
My parents, tho' humble, were happy and good, We could boast of our honor, if not of our blood. My lover—ah! how the sad tale shall I tell? For his country he fought, for his country he fell; He was brave, he was true, to my foul he was dear; His fame claims a smile, but it thines thro' a tear.
In vain would I picture my agoniz'd heart; My parents' soft soothings no balm could impart; They sunk o'er the child whom they could not relieve, And the cold hand of death left me only to grieve. Thus fated to suffer, the moment draws near, When you'll neither distinguish a smile nor a tear.
Miscellany.
EXTRACT.
WHERE the great body of the people are vicious, and there is a weak executive, it is no great achievement to overturn or check the progress of the best civil constitution. A foolish Greek could burn a spacious temple, in which the highest skill of architecture was displayed, and the wealth and labour of many nations was collected. A very weak hand may throw down that which it requires wisdom and strength to rear. And a very boy, by casting a stick or stone, can stop a piece of mechanism which it requires ages to invent and mature. A French writer boasted that one Voltaire was sufficient to overthrow a system which it required twelve apostles and an host of martyrs to establish: To which bishop Horne replies in the following striking similitude: When a candle burns, and gives light to a house, many wonderful things contribute to the phenomenon. The fat of an animal is the work of the Creator, and the wax of the bee is made by his teaching; the wick is from the vegetable wood of a singular exotic tree; much labour of man is concerned in the composition, and the elements that enflame it are those by which the world is governed. But after all this apparatus, a child or a fool may put it out, and then boast that the family are left in darkness, and are running one against another. Such is the mighty achievement of Mr. Voltaire; but with this difference, that what is real darkness he would call illumination. The same may be applied to government. In the history of republics in particular, how often have we found the great interests of society sacrificed to the conceit, the ambition and obstinacy of individuals who have had credit enough to make their passions interesting to mankind. While we peruse their annals, we are ready to exclaim, with the apostle, "Behold how great a matter a little fire kindleth!"
IT is singular, that Voltaire whose memory was idolized by his countrymen at the commencement of the new order of things in France, should have condemned by anticipation the extravagant theories and wild excesses of the revolutionists, with more truth and severity than any other writer. Speaking of the abuses which had taken place in the time of Lewis XV. he says—"Minds have been found deranged enough to sap all the foundations of society, under the pretence of reform. There have been persons mad enough to maintain that tuum & meum are crimes & that we should not enjoy the fruits of our labour—and that all men are equal."
BON MOT.—A Country Apothecary, not a little distinguished for his impudence, with a hope of disconcerting a young Clergyman, whom he knew to be a man of singular modesty, asked him, in the hearing of a large company at a public assembly, "Why the Patriarchs of old lived to such an extreme age?" To which the Clergyman replied, "I suppose the ancient Patriarchs took no physic!"
OF VOLNEY.—A FACT.
WHEN this celebrated Philosopher was seeking the "course of the winds" in this country, he happened to be overtaken by a storm on Lake Erie.—The vessel, in which were a number of other passengers, was driven by the force of the wind directly towards the shore, which presented to the view of the affrighted passengers one continued range of huge rocks rising perpendicularly from the Lake, and upon which they momentarily expected to be dashed to pieces.—In this situation, the calm philosophy of Volney deserted him; with consternation in his countenance, and frantic gesture, which it is impossible to describe, he ran to the Captain, who was busied in endeavoring to save the vessel from destruction, and demanded of him instantly to put out his boat and set him on shore. The captain, in vain, endeavored to expostulate with him on the impossibility of complying with his request.—"I tel you vat, Capitaine" says he "if you do not direclyement put me on de shore, begor I fall be drowon — & if I be drowon I vil tel Citizen Adet, et le Citizen Adet vil tel de President, et Monsieur le President vil bang you for von dem rascal!"—Fear had so completely taken possession of his mind, that he did not consider the impossibility of putting his threats into execution "if he was drowon!" Fortunately, however, the wind soon after abating, saved the captain from the gallows, and the Philosopher from the Devil!!!
JUST RECEIVED, AND FOR SALE At her Shop in Fifth-street, Portland. An assortment of fashionable Fancy and Winter GOODS.
CONSISTING OF JACONET, tambore, japan, corded, cross-barr'd, sheer and black Mullins; very fine Jaconet and other Mullin Handkerchiefs; fashionable Bonnets and Turbans; French and India Cambricks; Linens; Calicoes and Ginghams; Calamancoes and Durants; patch coloured and purple Shawls; Linen Pocket Handkerchiefs; Cotton do.; Satins; Modes and Sarfets; silk, beaver, and kid Gloves; a variety of fashionable fash and other Ribbons; black Laces; do. Italian Crape; do. Veils; do. Gauzes; delicate red and Spanish Leather Slippers; plaid emigrant Socks; plaid and plain Silk Handkerchiefs; Fashionable Steel Clasp; Velvet Ribbon; Thread, Laces and Edgings; cheniel and braid Trimmings; Cord, and Tassels; Plumes and Feathers of all kinds; Spangles; Tiffany's; Shoe Tassels; Pearl Buttons; Thread Fringes; Silver Pencil Cases; tambore needle do.; Pins; Tapes and Bobbin.
Gentlemen's Vest Patterns of all kinds; black satin Florentine of a superior quality; silk Nankinets; silk, cotton, and worsted Hose; Mullin Handkerchiefs; superfine dark Queen's Cloth; superfine and other White Flannels; fine Lambkin, and Green Baize; Fur Trimmings, &c. Also, Coffee, Starch, Hair Powder, Wash-Balls. A large assortment of ladies' and children's SHOES; House Paper, &c. &c. MILLINERY made in the latest fashion. Feb. 20.
NOTICE is hereby given to the nonresident proprietors or owners of Lands lying in the town of Jay, in the county of Cumberland or Lincoln, that their lands are taxed in the State, County and Town Tax for the year 1796, and committed to me the subscriber to collect, as follows, viz. State & County. Town. No. Lot. No. Range. C. M. C. Supposed 7 in 10 7 5 17 to be in 3 10 7 5 17 dispute 8 6 7 5 17 The above are on the east side of Androscoggin River and the following on the west. In dispute. No. 23 in Range No. 6. And unless said taxes are paid, together with all necessary charges, on or before the 26th day of March next, at 9 of the clock, A. M. so much of said Lots, as will be sufficient to discharge the same, will then be sold at Public Vendue, to the highest bidder, according to law, at the dwelling house of Moses CRAFT, in said Jay.
WILLIAM GODING, Collector. Jay, Feb. 1, 1799. THE COPARTNERSHIP OF Thomas Simonton & William Frances, Is this day by mutual consent dissolved, —All persons, therefore, who have any demands upon, or who are indebted to said firm; are desired to apply to THOMAS SIMONTON, for settlement. T. Simonton, W. Frances. Portland, Feb. 7th, 1799.
Said Simonton informs his customers and the public, that he carries on the Baking Business, at his bake house in Union-street, where he will be happy to receive their commands.
Justices' Blanks, for sale at this Office.
FRESH GOODS.
Frye Poor,
Respectfully informs his customers and the public in general, that he has received by the last packet from Boston, A general assortment of Goods, (in addition to his former assortment)
which he is determined to sell low for CASH, at his Store in the eastern end of the New Brick Building, fronting Middle Street, near Union Street, among which are the following articles:
Broadcloths, Cassimeres, Plains, Elastics, Duffils, Swandowns, Vest patterns, black, white and yellow Flannels, red, yellow and green Baizes, Devonshire Kerseys, Wild Bores, Durants, Moreans, Shalloon, Calimancoes, Ruffles. Cotton Bed ticking, Checks, India Cottons, German Sheet ing, White & brown Holland, Diapers, Linens, Calicoes. Muslin Chin-z and purple Shawls, Mullinet, Book & Jaconet Mullins, Tambor'd, spotted and cross barr'd do. of the newest fashion, Mullin Handkerchiefs, Black, purple, slate, white and changeable Lustings, Colour'd Satins, Black Satins and Modes, Green, blue and white Sarfets, Ladies' long and short Kid Gloves, and habit do. Ladies' Cotton Hose, Black, red, green and yellow Morocco Shoes, Diaper & common Tapes, Threads, Bobbins, Silk and Twist, Ribbons, Quality and Shoe Bindings, Laces and Edgings, Glove tights &c.
Hard Ware.
4d and 10d Nails, 3d, 4d, 5d and 6d, Brads, 8 oz & 14 oz Tacks, 2d, Clout Nails Coffee Mills, Shovels and Tongs, Brass Chaving Distres, Spoons, Files, H and H L Hinges, Sheep Shears, Bed Screws, Brass Candlesticks, Shoe and nail Hammers, Pincers and Nippers, Chest and Padlocks, Plated Pelham and snaffle Bits, Polish'd do Plated Spurs, Sturrups, Webben Buckles and Tip, Pewter Platter plates and basins, Tin Ware, Crockery Ware, Iron Ware, &c.
West-India Goods, Groceries, &c.
Brandy, 1st & 4th proof. W.I. Rum. Geneva. Madeira, Port, Sherry Lisbon & Malaga WINES. Loaf & brown Sugar. Box and cask Raisins. Figs Currants, Almonds, Nutmegs, Mace, Cinnamon, Cloves, Pepper, Ginger, Allspice, Capers, Cay-anna pepper, Starch, Castile, Windsor and cake Soap, Glue, Liquid Blue, Chees, Table Salt, Sweet Oil White Lead, Pipes.
Philadelphia & Swedes Iron, Harte and Club Steel. Hylon, fouchong and Bohea TEAS. Coffee, Cotton, Affortment Tea Boards, Looking Glasses, Floor and hearth Brushes.
Notice.
THE subscribers, administrators on the estates of John Burnham & John Burnham, jun. late of Portland, deceased, hereby give notice to all persons who are indebted to, or who have any demands against said estates, to exhibit their accounts for settlement by the first of August next. The subscribers will attend for that purpose on the first and third Thursdays of each previous month, at the dwelling of THOMAS BURNHAM in Portland.
Thomas Burnham, Josiah Burnham. Portland, Feb. 23, 1799.
WHEREAS I the subscriber hav- ing rashly and inconsiderately spread certain reports tending to destroy the harmony subsisting be- tween Mr. William Elwell and his wife, to the injur- of the good name of Abigail Elwell—do by these pre- sents acknowledge my fault, and declare that said re- ports are totally void of any foundation, and that I am heartily sorry for the same. MARY H. ROW. In presence of ANDREW R. GEDDING mark. Pejepscot Claim, Oct. 6th, 1798.
Commonwealth of Massachusetts.
In the year of our Lord, one thousand seven hun- dred and ninety nine.
AN ACT, limiting the time within which Petitions for Wages which have been drawn by forged Orders, shall be sustained.
BE it enacted by the Senate, and House of Representatives, in General Court assembled, and by the authority of the same, That no petition for Wages which have heretofore been drawn by Forged Orders, shall be hereafter sustained, unless such Petition shall be presented within TWO YEARS from the passing of this act: and, on failure thereof, the Petitioner, Applicant and Claim-ant shall be forever excluded and barred from any claim or demand against this Commonwealth for or on account of any Wages so drawn, or alleged to be drawn, by virtue of any such Forged Order. And the Secretary is hereby directed to cause this Act to be published in the several News-papers printed in this Commonwealth for three months successively.
In the House of Representatives, Jan. 29, 1799. This Bill having had three several readings passed to be enacted, EDWARD H. ROBBINS, Speaker. In Senate, Jan. 23, 1799. This Bill having had two several readings passed to be enacted, SAMUEL PHILLIPS, President. January 29, 1799—Approved, INCREASE SUMNER. True Copy—Attest, JOHN AVERY, Sec'y. To be published three months successively, in the several News-papers printed in this Commonwealth. JOHN AVERY, Sec'y.
A FURTHER time of six months from the date hereof, is allowed by the Hon. William Gorham, Esq. Judge of Probate for the county of Cumberland, to the creditors of the Estate of Thomas Hodges, merchant, deceased, to bring in their claims to the subscribers, who will attend for that purpose, at the store of Woodbury Storer, on Union Wharf, the second Tuesday of this and the five following months, from two to five o'clock, P. M.
Arthur McLellan, Woodbury Storer. Portland, Feb. 5th, 1799.
General Prices Current
PER QUANTITY.—BOSTON, MARCH 2.
Table with 4 columns: Item, Price per unit, Price per 100, Price per 1000. Items include Ashes, Bread, Butter, Beef, Beans, Brandy, Bees Wax, Cocoa, Coffee, Cotton, Chocolate, Candles, Cheeses, Cod Lines, Fish, Merchant, Scale, Almonds, Salmon, Herring, Mackerel, Furs, Bear, Fox, Minks, Musquash, Otter, Sables, Flour, Alexandria, Feathers, Flaxseed, Glass, Grain, Corn, Ry, Oats, Hops, Hoops, Hog Lard, Iron, Philadelphia, Russia, Swedes, Leather, Lumber, Shingles, Molasses, Nail Rods, Nails, Pepper, Pork, One Hog, Middle pieces, Puch, Rum, Rosin, Soap, Sugar, Salt, Liver, Steel, Tea, Souchong, Tobacco, Wines, Lisbon, Sherry, Teneriffe, Claret, Malaga, Red Port.
ALMANACK.
Table with 5 columns: Day, S. R. G. M. R. H. W. REMARKS. Includes entries for Monday through Sunday with astronomical data and remarks like 'Herschel dis.', 'cov. 178L.', 'St. Patrick.'.
THIS GAZETTE, Is published every MONDAY, at E. A. JENKS' OFFICE, Middle-Street, near the head of Fifth-Street, PORTLAND—where Subscriptions, Advertisements, and Communications, are received with attention. The price is ONE DOLLAR & FIFTY CENTS a year, Exclusive of Postage. Punctual payments are required. The extensive and rapidly increasing circulation of THE GAZETTE, renders it highly advantageous for ADVERTISEMENTS, which will be inserted reasonably, and in a conspicuous manner.
PRINTING.
In its various branches executed in the neatest manner, and at the shortest notice. Orders for Books, Pamphlets, Blanks, Hand-Bills, Cards, Tickets, &c. duly attended to.