Jenks' Portland Gazette. Maine Advertiser

For this Gazette.

To a Rustic Observer.

[Concluded.]

You quote W. in the following manner, "You observe in substance, that if the people in the country wish for one term of the S. J. Court back from the sea, it may not be improper to insist on objections against it, provided a suitable place can be found." W. asserted directly the reverse; for he in that paragraph said, that "it may not be proper to insist upon objections against it," but as this may be an accidental mistake in you, or an error in the press, much stress shall not be laid upon it. You say that "this is giving up the argument. Want of accommodations is so stale an objection at best, and has been harped upon in this business to so little advantage, that it seems now to be given up by all thinking people." What argument is given up? Surely W. has not given up the argument, in favor of Kennebunk in preference to Alfred: and he has not, in his statement and observations, argued against holding one term of the S. J. Court in the interior part of the country, provided another term shall be holden in the center of the county, on the sea coast, or as near it as a suitable place can be found for the purpose. You seem to think that want of accommodations is an objection of little or no weight, in the present case; and that all thinking people have given it up. I believe that they have not, as yet, and that they never will give up such a solid objection: though at the same time they may not insist upon it. Courts were held in Dresden, (formerly part of Pownalborough) in the county of Lincoln, in or near the center of the county, adjoining Kennebeck River, for the space of about thirty years; and, for want of suitable accommodation, were finally removed from that place to Wiscasset. If want of accommodations is an objection of no weight, why was not the term of the S. J. Court removed to Coxhall, which is nearer the center of the county than Alfred? The only objection of any importance which you offer against the removal of the term of the S. J. Court now holden at York to Kennebunk is, that it will be attended with some expense: the amount of which I take to be this, that there is now a goal at York, and that the inhabitants thereof will build a new court house, at their own expense. I doubt not but they will be willing to pay a customary part of the expense, which is about one half or at least one third part, and the same may be reasonably expected from Alfred and Kennebunk, in case court houses should be erected there. As to a goal, one will at present be sufficient for the two latter places. Besides it may be inexpedient to build any court-house at Alfred or Kennebunk, until it shall appear by fair experiment, that they are the most suitable places for holding the terms of the S. J. Court. The reason why I do not think, that the people of York would consent to defray the whole expense of building a Court-house, which will amount to about three thousand Dollars, is that they can have no assurance, that a term of the S. J. Court will be holden there three years longer. I think it would be much safer for Kennebunk or Alfred to hazard such an expense. Indeed Mr. O. you say that Courts have been holden at York ever since the first settlement of the country, which is true. Courts were likewise holden at Springfield, in the county of Hampshire, ever since the county was erected, until within a few years last past; but, when it became inconvenient to the inhabitants of the county, they were removed. If it is an advantage to a town to have Courts holden in it, they cannot expect to enjoy it any longer than it is perfectly consistent with the interest of the county. It has been suggested that your calculations of distances were principally designed for the people in the upper part of the county, who are generally less acquainted with the distances on the sea-coast, as you generally agree with W. in his calculations in that part of the county. At present W. is unwilling to admit the suggestion, as it amounts to about as severe a charge against you, as any you have exhibited against W. You are pleased to inform us "that the country people are now satisfied, by the establishment of one term of the S. J. Court at Alfred;" and you intimate that they will not be willing to be at any further expense, for the accommodation of the commercial part of the county. You say, "it is hoped no further alterations will be made at present, lest we rake open the embers anew, and blow the flame of contention higher than ever." Is there not as much reason that the people on the sea coast should be satisfied, as the people in the country, and can it be supposed that the former will cheerfully contribute to the accommodation of the latter, while the latter refuse to contribute to the accommodation of the former? W. fully agrees that contention ought to be avoided, as far as it can be done, consistently with a due regard to justice, and at the same time, he thinks that the most likely way to avoid contention will be found, by pursuing the sacred rules of Justice, and paying the same regard to the people on the sea coast as is paid to those in the country. If measures should be adopted and speedily pursued, tending to promote the real interest of the county, there is abundant reason to believe, that three quarters of the inhabitants would be satisfied, while the other would have no reason to complain; but, until that is done it may be expected, that contention will continue. In a county, having about forty miles sea coast, [thirty-five miles in a straight line,] is it, or can it be reasonable and just, that the only term of the S. J. Court, holden on the sea coast, should be holden within six miles of the south corner of the county, merely because it has been holden there for a long time, during part of which it has been holden more to the great damage of the county; or even to save a little expense in building a Gaol? especially when it is considered, that much more than the whole expense, with interest, will in a short period be amply repaid, by a saving in the expense of travel, &c. If the rules of justice and equality are totally disregarded, will there be no danger of losing a respectable part of the county? Biddeford is only about sixteen miles from Portland, and about thirty miles from York: and there are four or five other towns below great Ossipee, which are nearer Portland than they are to York. Will the loss of these towns tend to save expense, and preserve the respectability of the county? In short W. cannot think of any reason for continuing one term of the S. J. Court at York, unless it is to recompense certain individuals, who, from a regard to their own private emolument, and without any regard to the interest of the county, but with the pretence to serve the people in the country, laid the plan for removing the Court from Kennebunk, one of the most suitable places, to say the least of it in the county for holding Courts, to Alfred, and most zealously aided in the execution of the same. If, instead of attempting to remove the Court from Kennebunk to Alfred, they had proposed to remove the Court from York to Alfred: they might have deserved a reward for their service. You profess a regard for charity, and it is earnestly wished, that you may abound more and more in that excellent virtue, and that, in your future enterprizes, it may be attended with irresistible evidence; at the same time it is hoped, you will not totally abandon the rules of justice, in order to extend charity beyond its just limits. Might it not Mr. O. have been naturally expected, from a gentleman of your talents, that you would have stated the observations and arguments of your opponent to the best advantage, and then have endeavored to confute them, instead of attempting to evade their force, by the scurvy trick of misrepresentation. As to your groundless charges, declarations and insinuations of a malignant design, of pursuing a favorite idea of injustice, &c. you are heartily welcome to all the advantage and pleasure and to all the honor and glory which can, by any possibility result from that part of your performance. You observe that "to err is human, engraved on the front of every child of Adam." W. is ready to acknowledge the truth of that observation, as far as respects himself. He never made any pretence to perfection. He has accordingly endeavored to correct his errors, by the statement now exhibited: and perhaps it may not be amiss for you Mr. O. to attempt to correct some of the numerous errors, which you have committed. However, in regard to errors, W. is willing to submit the matter to arbitration, believing that no reason can with any shadow of justice dispute your right to a double portion. Mr. O. appears satisfied with the establishment of one term of the S. J. Court to be holden at Alfred, and endeavors to persuade every body else to be satisfied, without any further alteration. He is so elevated with the success respecting Alfred, that he seems at present to have lost sight of the interests of the people in the country, as well as that of those on the sea coast. He has paid no attention to the saving in travel, to the amount of two hundred Dollars, the difference of expense between holding one term of the Court in the center of the county, and holding the same in an extreme part thereof. He seems to think that the people in the eastern part of the county have no reason to complain of being obliged to travel thirty miles, to attend the S. J. Court at York; while those in the southern part of the county can attend it there by traveling only five or six miles. Can these things be right? If measures were immediately adopted, for the removal of the Office of the Register of Deeds, which at present is kept within seven or eight miles of Newhampshire, and the southern corner of the county, to some central and convenient place in the county would there be any danger in the pursuit of such measures? If wise and prudent measures for promoting the real interest of the county accompanied with a due regard to the rules of justice and equality, should be pursued with a suitable resolution and perseverance, I think they would be finally crowned with success.

A well Wisher to the County of York.

January 12th, 1803.