Portland gazette and Maine advertiser., October 28, 1805, Image 1

About Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818

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AXD MAINE ADVERTJZER.
No. -/8, cr rot. rill.}
PORI LAND (MAINE) MONDAY, GLTCliKR 2S, IF05
[jrnoLM N<x S92.
CciR.Tiomu.Mlt!) of seastsariwmg.
I ,
p,v his Excellency C*i/kb Strong, Esquire,
Oorcrnorpf Hit C in in on wealth of Mifladiubui.
A PROCLAMATION,
For* Da: tf Public Thanksgiving anJ P; disc.
AT this feafon of die year it is highly
propfT for us according to the ufage of our
* _il _- 1 • «
pic us ancellors, to devote a day to the hon
or and praife of the Almighty.-—that, with
united devotion, we may abundantly utter
‘he memory of his great goodnefs, and
fi:ig of liis rightou fuel's ; and that we may
ach our children his pratfes and his won
l. rfal wotki—that the generation to come
mv l >ow them, and the children which
? ni be born that they may fet their hope
i G o*l.
I do, therefore, with the advice and con
f’nt of the Council, appoint Thurlday, the
<J iDifity- eighth day of A'cvcnber next, to he
rb ferveC in this Commonwealth as a Day
of r.bJJLIC 1HANlvSGlVlNG and
PRAISE : and the feveral denominations^
Chrftiafw are requeued to aiTerttbie in their
jefpeeliyc pu.es of Public Worfhip cn that
day ;—thur we may unite in rendering our
humble ami foie mu thanks to the great Au
thor of aft mercies ; —for the prctedlioA
Web lie has afforded to the people of this
State from its eirly fcttiemem that he
brought jl forefathers from their native
country, an 1 give them this land for a pof
feifion, became he had a favor to them ;
fhat when they were few in number and
It rangers in it.he futfered no man to do them
wrong ; — ?.nd that in times of did refs and
danger he has ever been the refuge of their
prosperity, and defended them with the fav
ing •ftrength of his right hand. l or the
pretervation of our civs; privileges ; that
we have conftitutkns of government fo well
adapted to promote our happinefs ; and th*t
our lives and property air. iucure ! by wise
and equal Gws.—For the c ntinmnee of
our national peace arid profperitv. For the
general health, which the people of this
State have enjoyed in ;hc courfe of the iatt
year—For his goodnefs and meicvinthe
biciTings of harveft; and that though he
was pleafed to vifit the great part of the
Sta»e with a fevere drought, yet he hss not
broken the Raff of bread, nor taken nway
the corn jn the feafon of it. For the luc
cels which he has granted to our commerce,
manufactures and fifheries : and for the a
bundant variety of good things which rend
not only to our nrceflary fupport, but to
our ornament and delight.—And above all
>nr the convenant of grace eftabiifhed iri the
Redeemer, and the fpiritual and endlefs
biciTings conveyed through him.
And from ?. confciousnefs that we are at
the difpofal of his merer, let us join in
acknowledgement, of our tin worthy nefs/
and hi humble fupplicatiens that he would
forgive our offences, and accept our feeble
attempts to render him the homage that is
worrhv of him.— And that from a grateful
ionic of the riches both of his Providence
and Grace. He would engage us to a
com le of faithful and univertal obedience;
and enable us to confecrate to his ferrice
the powers and faculties he has given ‘us,
and the blefHngs with which we arc en
compafled.
i a at he trould Jxrect and pro i >er our Na
tior^al & State Governments, and caufe the
people to dwell in tranquility ; —that he
•vould blefs the adminiftration of jufticc, &
theinftituttons of religion and learning ;and
that he would pour Ins fpirit uj on us from
on high, and remember lor us his former
f iovillg kin due's and mercy, that glory mav
I Vi well in our Ian 1.
liiat he would difpefc the eonlendinc
L • r i' r ^
nation? ci lt.urape to peace, upon terms
Conducive to the general fafetyaiul happi
ticfc of mankind ; that wafting and violence
•nay no m ire be heard ; and that the Sun
*>f Righteousurfs m»y difpdl the clouds ci
' ignorance and error which have ovetfpread
the earth, ahd dtfiufe among all other na
tions the knowledge and grace of th; gof
pcl.
And the people cf this O ne are reqtuf
ted coabttain from fuch labour and recre
ation as are inconfitfent with the religious
Icrvires hereby reCommend-d.
G.v n it the Council Charr'c*, »‘»i Bofton, tl*i<
(fvtiiiK rat. Jay of OrtcLer, in ;h? y .'.ir ( f oui
la r*J.. c • *'uir:Und ei V hunrirt-: tru and
' * •lv ' " i ! t. otlepeudt •» *e ot iii«
' ■ • * • -•• bj i1 .. \ nil?f:i*:l
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g.
: POTT
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COURT MARTIAL.
PROCF.EniXGS
Qr a General (curt Martial, held (ly crier of
tie C.nmm in,ter in Chief) „t Caltine, in the
ccnuti CJ Hancock, 9.., the 1 2th Jay cl Au
kuR, iRoc. j
President.
Major Genera! fchabod G>od*rin.
M F. M H ?• K $.
Brioadier General Abicl Wood,
Brigadier Genera! Nathaniel C. Allen,
j Colonel David Payfon,
Colonel James Jones,
Colonel John Lord,
Colonel Samuel Thatcher,
Colcne! James Merrill,
Major John Moore,
Major Eli Wefton,
Major IDac Gage,
Major Mofrs Lyman,
Mai r John Matey.
Major Dudley Hubbard, Jmhe Advocate.
1 he Prefi lent, Members, and Judge Ad
vocate being ('worn ; the Court proceed to
the I rial cf Lieutenant Colonel Jf.remiaii
Cardwell, who appears before rne Court,
«itid ihe feveral charges are read to him
which are Contained in the following.
COMPLAINT.
•I? Hit Excellency CALEB STRUNG, Efq.
Governor and Commander in Chief of the
Militia cf the Cfmtnontveakh of Ala ffack>~
ftti.
THE Bnbfcribers, Officers of the Firft
Regiment Frill Brigade, and Tenth Divt
fion of the Militia of fa id Commonwealth
refpedt fully complain to yonr Excellency
againit Jeremiah WardweH, efq. Lt. Col.
Commandant of fai l Regimenti
“ Article 1. For tmofficer and utigen
tlemanlike conduct, in converting his of
fice PC Lt. Col Commandant of Did Re
giment, which Ibould be an office of honor
and r« fpedtahility info *Yi office of emolu
ment, by aiking and receiving, at fundry
times, certain fums of money for obtaining
d ifebarges for a number of the Officers of
his Did Regiment, and for refufrig to afiilt
them in obtaining tiie Lime, (otherwife than
furnifhing a blank and giving his affent to
their requeft,) without a fee.
** Art. 11. For writing three requcfls
for difebarges tor Capt. Jobs Walker, Lt
LemueDSmith and jLnfign Jonathan Allen,
all of his faid Regiment, and figning their
names to the fame; where and hi the man
ner the faid W a liter, Smith and Allen,
fhould hare wrote their own names, and
for afking the faid Walker, Smith and Al
ien, lor doing Did bufinefs nnd obtaining
their difebarges, the fum otTen Dtluu s.
Art. lit. For utlofficcrlikc condu£V
at the iiifpeflion of a major part of faid
Regiment at Penobfcot, on the yth day of
: OcL 1803, in appointing Simeon Parker,
; the Sergeant-Major of laid Regiment, to do
the duty of Adjutant at faid infection, and
ordering him to do the fame, to the dilfion
or of the Plattoon Officers there grefent,
and contrary to the fifth faction of tne Mi
litia A<fl, pa (fed the twenty-fecond day of
June, 1793, eftablifhirig the rank of JfAdju
tants as Lieutenants :—and for giving the
faid Seargeant-Major written inftructions
to officiate as Adjutant at the infpection of
Captains Floyd’s, Allen's and Black’s Com
panies, at Sedgwick, on the tenth day of
October lafl, derogatorv to t!ie honor aad
dignity of thofe Officers whofe duty requi
red their attendance at Did infpeQion,
and contrary to the Did fifth fe&ion of the
Militia Att palled the twenty-fecond of
June, !7pt...
“ Art. IV. For uncflVer argeritiemari
like conduct after Capt. Floyd had fettled
the rank between Capt. Allen and Capt.
Black of faid Regiment, at the infpeftion
of Capts. Lloyd’s, Allen’s and Black's Com
panies at Sedgwick, cn the tenth day ci
Ocfoher lalt, by lot in conformity to and
by the authority of the tweaty-ninth fefton
of the Militia Aft pa fled the twenty-fecomi
of June, 1793 : ant^ af‘cT he, the faid
Colonel, had been informed that Capt,
Allen had obtained the rank of Capt Biack
j by faid lot, for faying “ had lie” (the faid
Colonel) “been prefent” (meaning at the
infpeftion^ “ taat he would not have fuf
fertd Capt. Allen to have taken the ranked
vV^t. Black being fubverltve ol cor.tti
tution and laws of laid Commonwealth and
ail military order.
“Art. V. lor unoffiecrl !te coniuft at
the ei fti( n of Company Ofhters at Sedg
wick on the full day of May, 1^04, at
>viiich he the lad Cnlcncl preiided, for
Aih ring a part of the men aiTer'bled for
it’.a ’ \ ‘f- to iafulr, with impunity, Mr.
I r uei :1c. n, who a eiefted a Cap
::i at ...ft 1ft: ; faying “ dAmij him,
he is a Fed, fnoot him,” and the like, v h*ch
Induced the laid IloiJen to decline, who
had ferved with reputation in the arinv in
the American Revolution, and as a Clerk
for feveral years in the late Sedgwick C'om
pany, by which means the Commonwealth
was deprived of a ufeful and intelligent
Officer.
Akt. I. I‘or tieglecf of duty and an
assumption of power, contrary to the letter
and Ipirit of t!Te Conttitution of fa id Com
fcnonweakh, at the election of officers a:
Sedgwick aforefaid, on tl.e hid firfl day of
N ay lafl, in taking the vo'es for all, or a
part of the Officers ele£le<i, by nomination
♦ mi polling of the firelock, the Confiitucion
requiring that all Military Officers fiuii he
chofen by written votes.
“Art. VII. For that the file? Colonel
vV ardwell, after Capt Pen lleton, who com
mandfd the company cf Foot in the town
of Iflefb»rough, had removed trom fai 1
town, uid ifiue his erders, Nov. to,
to Benjamin Williams, then Lieutenant of
laid company, to tilembie faid company,
io aflemble faid company for the purpofe of
ele&inir another Captain, and the laid Wil
liams did cauie faid company to meet for
'hat purpofie on the 28th cf laid November,
1803, when and where the faid Lieuten
ant William* preTided and when and where
John Farrer was elected Captain of faid
Company, and drclared fo to be chofen by
faid Lf. W illiams, and a due and proper
ret inn made by him to faid Col. v\ ardwell
cf the lame.. And for that afterwards
j without any fufheient c.adeto warrant fuch
j proceedure, the laid Colonel iii^ a^un if
Inehis order, dated the 27th of December,
1803, to faid Lt. Williams^ to alTemble
the faid company for the pnrpofe of
’ electing a Captam to the fame, anil in obe
dience to laid ordei the laid Lieutenant did
j afltfrnble laid company on the 2~d tiny cf
(January, 1804, u hen 2nd where the fud
Lieutan.nt again prefided, and was chofen
Captain of faid company, and returned as
Inch, received his commiflion, aim was
qualified by faid Col. W ardwell about the
iafr cf March, 1804.
! “ Art. VIII. That'faid Wiliams held
faid commiflion, received orders from the
Liu Colonel add re fled to him as captain of
; faid company, and performed his duty as
fuch until on or about the lafl of April,
1804, when the faid Col. Wardwell, with
out any fulTicient caufc to warrant fuch
procecdure. did demand and receive from the
j laid Williams, the faid captain’s commiflion^
And flu! witholds it. And the fiid colonel af
terwards,vitr. on or about September, 1804,
dill ifiue a regimental order, addrefied to
the faid Williams as Lieutenant Comman
dant of faid Company, at the fame time
knowing that the faid Williams had been
duly commifiidtied and qualified as Captain
to faid company.”
“ Your Complainants therefore re
fpecffully pray and requeft that the faid
Lieutenant Colonel Jeremiah Wakdvvefl
may be held to anfwer to the fame ns the
i law dire£ta —
Lznnty r/ H*ncock, Match i, 1805.
Ebcntzcr Flovd, Cap*.
Jofeph Lee, C?pt.
Amos Alien, Enf:<yn
- O
Nathaniel Alien, Capi.
John Herrick, 3d Lieut.
1 horndike Altei\ Enfig*.
Ofgood Frye, Cap:.
Samuel Lee, Lieut'
Moody Pilitbury, Epfgr.
jofeph Viies. Lieut.**
I o which Charges l ieutenant Colonel
Jeremiah Wardweli, pleads net guil
Jlugujl 16, 13cThe Court having
fat, and adjourned from day to day fmce
! the twelfth inftant met this day according
I to adjournment ; having fully heard the
! evidence both for and againll Lieutenant
Colonel Wardwell, and alfo their defence;
and being now cleared, the following ques
tion was pot by the Judge Advocate to
each of the member, beginning with the
lowed: in grade : — “ vFrom the evidence
which has been adduced for and .1 gain ft
Lieurenant Colonel Jeremiah Wardwell,
and from what he has laid in his Defence,
are you of opinion that he is guilty or not
guihy of the oiTence charged in the flrft
ankle contained in the complaint of Eben
CzcrFloid, jofeph Le-, Arnos Alien Na
thaniel Alien, John Hetrick, Thorndike Al
ien, Ofgocd Frye, Santa:1 Lee, Moody
I Pillfbury, and Jofcph Vites exhibited a~
••arnlt him and Lieutenant Colonel Jtre
miah W ardwell ?”
And the quellion being put in the fame
form in fucccilktn upon c-cu of ibe article*
of charge contained in faid complaint—
[he Court are of opinion, that of the
fifth, fixth, JnvTtb, and eighth articles of
charge, cor rained in (aid complaint, the
faid Jeremiah Wardwcll is guilty ; that the
faid Jeremiah Ward-veil is not guilty of
the whole of the offence contained in the
ftrondarticle of charge exhibited againfthini
but of the ofier.ee, in that article contain
ed, of demanding of Joh* Walker, Lemu
el Smith and Jonathan Allen, the fum of
tea dollar for obtaining their fevoral dif
c barges, the court are of opinion that the
faid Jeremiah Wa dwell u guilty ; and
that ot tlie oflence., in the third andfourth
articles of charge contained in faid com
plaint, the Court are of opinion that the
faid Jeremiah Wardwell h not guilty.
Whereupon the Court,.upon full and
mature deliberation and confutation, fon
tence the laid Lieutenant Colonel Jeremi
ah Wardwcll, to be removed from office,
and adiud ehim to be incapable of holding
any Military Commiffion under this Com
monwealth for the retm of feven years
ICHABOD GOODWiX, Prefi&nt.
Read-Quarters* On. 17, 1807.
All the proceedings of the General
Cviirt Martial held' at Caftine,* whereof
Major General Goodvvin is preiident, with
tfie papers and minutes of the evidence,
had at the trial of Lieutenant Colonel Jer
emiah W ardw ell, and The Defence of the
iiid Col. \\ ardwell, having been feen and
fully confidered by the Commander in
Chief, he approves and affirms the fen
teuce and judgment of the faid Court.
i he faid Court Martial is dtffolved.
By order cf the Commander : 1 Chief ]
WILLIAM DON NISON, Ad). Gen.
VIEW OF SPAIN.
An article in a Cork Paper received irt
London, communicates the following intel
ligence. It Hates, « that at this moment
the Spanifh Monarchy (hales to its founda
tion. 1 he (eries of tir cum fiances which
immediately roufed all thole fytnptoms in
dicative of the approaching decadence of
thb ancient Monarchy, tve cannot now de
velope for feveral reafons \ but we can av
er the utmoft: confternarion prevails in the
Palace of Madrid, as well as in the Cabinet
and Councils of the (late. The arrogance
and tyranny of the Prince of Peace has rouf
ed the indignation of the higher orders, as
we I as feme of the moft ancient public in
| ftitutions, acknowledged by the laws of
: Spain. He has had the temerity to inter
| b re with the public jullice of the country,
i by prevailing upon the King to (ufpend the
fun&ions of the Supreme Council of Caf
tile, that he had confirmed an appeal from
a Provincial Tribunal, adverfe in its cffe&s
to one of his favourites, who was a party
in the caufc. 1 he Council have addrefleef
the King in terms becoming the ancient
Spanifh chamber; they have admonifhed
him of the conference of fuch an untoward
mediation ; they have reminded him in bold
and manly language, of the dependency of
t his predeceffors upon the determination of
the Supreme Council of Caftiie in former
times ; and they have fuggefted the temer
ity of putting a daring favourite above the
laws, and intimated the probable coufe
quences in times fo efpecially marked by
1 uch vidflitude in human authority.** 11 The
Court is in difmay,” fays our Correfpond
ent—“ but fullen and diftruflfiil—their
mealures aie obflinatc in fume refpefls and
wavering in others. The Prince of Peace
breathes vengence; and the Supreme Coun
cil of Cafiiie avows refiftancc, and ferms
to be the popular party. The Provinces
are fo d (order j and the large cities arc
turbulent. Bonaparte has offered the King
a large army to cmlh the fpirit of rebellion,
as it is railed ; and if the impotence of the
| Ccurt accept the offer—Spain will be er.
oulphtd in his obvious project of extend
ing the Trench Empire/*
I
The “ Clef du Cabinet,” a Parle paper*
er'ir*l at the oiTice of M. T^U ;rjmd~x\v^
charaPrrizes the democrats of the United
{States.*-Speaking of Mr. A u-ir.e, this
paper adds, “ He if very popular an l power*
fid with his p trip—;he Aatt}edrraHjls—Vi<h*f
Attachment i$ France^ end Hatred to I
Undy do them equal heme in the eyes of all
perf ns aShorirtg the tyranny zf (Iren'S* ilain9
and living the Libert” and Independence y
mankind.*' Tnlhyrand rellded fome years
in the United States, at: 1 knew the kim
fcderiiiits wed—But when one of his liccti
fed writers talk-: of «* liberty and mdep.i.d
ence alter that, to uf: a vu -ar p.irair,
“ d harfc next tjaroc in to be fluked