United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-03-12 00:00:00, page 1

Mens & youths cotton, hemp
^ silk Hose,; womens, cotton and silk
Hole, som e with hid clocks ; Womens
extra long cotton arid silk Glovesand
Mitts, all colors; Xid Gloves; mens
cotton and worsted Caps ; Pantaloon
pieces ; Pantaloon Hose ; mens beaver,
vaOr leather, ilk, thread and cotton
Glpvts ; Stock ft ffoers: cotton and silk
Braces. A large afoim,! of
Cheap yard wide Linens of a
superior fabric ; Irith Sot etings ; Checks ;
Threads; embroidering andother sewing
filkg bindings. An nf^tment of
White and Chintz Bed Lace,
Cords and Tanels ; Carpeting,
Fashionable.gilt, steel, plated
and common buttons; button r^ouHs ;
sleeve buttons ; steel knee buckles; sil
ver Thimbles ; fleel & gilt watch Chains,
seals and keys; Tooth brumes ; Pins ;
smelling bottles.
Tammies ; Durants ; plain
rib'd Calimancoes: Shalloons; Ruffels ;
Moreens ; Taboreens ; Florentines ;
Listings ; Satinets, &c. &c.
P&ifmouth ? Jau. 14.
. Kid and Morocco Shoes ; Ro
feffs; Morocco flioes with cork soles ;
Uprocco flips, — /? giant variety of
Ribbons ; Cotton & Silk Gown
Trimmings ; gown button,; gold and
Silver Laces and Fringes ; grid and silver
Cords; color'd silk Cords; Glove-ties;
cotton and silk Girdles; straw Trim
things. a variety of
.Black and fancy Feathers,
flowers and Wreaths; fafhionable Fans,
fame very elegant j erape, glaz'd and
common black Fans; Parasols, some
with walking sticks, Umbrellas ; garden
fans. „
Fashionable Pearl Necklaces ;
go! I ear-drops; pearl and fieri mopunte
combs ; gold & filverEpaulets,; Spangles.
REMO^ED.
0
Peter Coffin,
. ^ns i^^cf ^ 4.: ^a>;^e,.i in
Loi. IP oodward's diveMing
houfejnßroad-fl feet,vohere
the jolio wing
Extensive Assortment of
GOODS,
are note opened;
LONDON and Yorkshire fu
pertinr BmafocHtbs of the. most
fashionable colours ; Ifobit Cloths ; Caf.
fimeres ; strip& and plain black silk
Florentines. . ,
A great variety :f
; Fashionable Waiftcolting ;
Fustians ; Jeans ; Denies; plain trail'd
and silk Nankinetts ; , Thicksets ; Vel
vets ; woffled and fdk Plufli.
Alat^e assortment of ' ' ,r,
. Calicoes & Chintzes ; Chintz
and Dimity Furnitures ; Ginghams ;
Muflinets ; Dimities ; Copperplates ;
Counterpanes: T^fe Clodas.
Agreat lately <f .'
Book,jaconet, ftfip'd, check'd
and fprig'd Mullins ; plain and glaz'd
Cambrick Mullins : ^lack color'd and
fafhionabh figur'd Mattos; elegant em
hrokiered Moflin Veils ; white Turkey
And net muffins.for cloaks; Mufliu
Handkerchit fs ; Men's Neckerchiefs.
Carribrick Muslin Shawls with
Settings; silk, camels hair, purple and
chintz Shawls ; Linen, Cotton, bandan
na and black fok Han 'kerchiefs.
11 great variety of 't #
Fashionable Florence Silks for
G^ c ; Luhro^ ; M< des; Sanins ;
SaOen ts; Tiffanies; Italian Crapes;
Gauzes $ Millinets.
/I large affortrcent >f
Thread Laces and Edgings ;
black Laces ; black Lace Cloaks, wide
black Lace and black Turkey Gauze for
Cloaks ; black Lace Veils.
Agreat tariff ts
Chip, Willow and Straw Bon
nets ; f<fn bubble silk Bonnets, full
tank'd ; Satin" Beavis with bands and
feathers fashionable block beavers ;
trios and boys Hats; mens patent silk
and Leghorn,Hate.# > 1
fl hrg^ affortrtenttf ~, '.
Q Wanted one or two active
lads' from fourteen to fixtren years of
.^^s. apprentices to the Masons bufi
^G, where good encouragement will be
gipn^Thufe from the country would
foe peered. Apply at this office.
=—-'^^^^^^&h, ZZ™s^*^^
Bmteb ^tat^ ^^^ ®rad£ and
Portsmouth Advertiser,
PORTSMOUTH, N. Published every ^Saturday Morning, by W ILL ':,/&D AN ' L . Tread WF . LL .'
jAlUKDal, March 12,1^5 hlcr ^Rro F %r
OF ALL THE or ^POSITIONS AND HABITS WHICH LEAD TO POLITICAL) f OAT)VF'P TiCI?? 7° 7 "
PROSPER, TY , RELIGION ^ MORALITY are ^dispensable, I
SUPPORTS WASHINGTON', Legacy. ) . ' W ( e^oed ' ' "" ' ™ THANKFULLY ackno.wl-
conduct as a certain federal judge once
did. He then related to the court, that
falfe and infamous slander about judge
Chace, which is believed to have origi
nated with Duane i— That when he en
tered Richmond, he lent for the public
prosecutor and advised him, if there
was any democratic printer in the city
whomthey could get hold of, to prpfe
cute him immediately under the- sedi
tion law. But, Mr.. Spencer said, his
motives had nothing to do with the
question. The court were bound to
pronounce the law. And whatever
might be said about freedom, liberty,
and the rights of man, if the law was
as he contended, it muff have its course
urttil altered by the Legislature^
Mr. Spencer then reviewed the au
thorities which he had before quoted.
He said that Blackstone and Hawkins
■concurred, in the doQrine, that any one
who speaks words “rending jo scandal
ize the government," who >fpeaks
I“words of contempt of"any officer of
, justice" or who publishes an obfeene
- book, may be bound to their good beha
viour.;. He asked, if Mr. Ciofwell had
not published words tending to scandal
ize the government.\lffaid he, a man
may be bound to his good behaviour
merely for writing an obfeene boolf,
-for which he cannot be indided at com
mon law, is it not absurd to fay that
for an indictable offence he cannnot be
so bound ? A libel is an offence of a ve
ry heinous nature. And he contended
that, from the whole course of the ajte
thoritics, a libeller was fubjedto ,thh
recognizance. But, said Mr. Spencer,
the gentlemen have told us that this
man is not a libeller ; that,, be cannot
be so considered by the court until he is
pronounced, guilty by a jury of his
country. But here is an indictment
found against him for libelling Thomas
Jefferfon. This is prima facie evidence
of guilt. Besides, said Mr. Spencer,
read thewords which he is charged to
, have published. -Mr. Jefterfro is char%
'ged with riolati^z the coniliunion.
The gentlemen, he said, had indulg
ed themselves to a great extent, in re
proaches, and had, not very politely,
impeached his motives.- As to his mo
tives in this prosecution, he said they
were pure. The torrents of dander
which pour incessantly from the pre^es
eppofed to government, must be check
ed, or ell that ic dear to man world
not be worth preserving. He said, he
had been urged to this prosecution more
particularly by what fell from, one of
the Judges, in his charge to the grand
jury last sessions. [Judge Sylvester here
interrupted Mr. Spencer. He dated,
that he had, in his charge to the grand
jury, alluded to, turned their attention
to all immoral publications, and had
particularized " The Temple of Rea
son," an infamous- deiftieal paper pub-
Itfhed weekly at Philadelphia ; but ttet
he had never alluded to the " Wasp,"
or to any other particular paper.]
Mr. Spencer replied, that he did not
suppose that his honour had done so.
He could not beleive that his honor would
From the Balance.
'' Nothing extenuate, nor fa dotun ought in maliiti
An ACCURATE STATEMENT of FACTS
Concerning
Mr. riffoßNtr-GxxEBAL SPENCER', j
LAFE ATTACK,;
ON THE
Liberty ofthe Press,
IN THIS COUNTY
Written by a gentleman who qvar at court
during the whole tranfaftion, and who
pledges himfelfthat the detail is fibtan
tially correct.
^ ~ :• [eoNCLupep]
MR. SPENCER, began his reply
by Rating that he could not a
void believing, that ,the declamation of
the gentlemen who preceded him, was
addteffed more to the ears of the, fpec^
tators who surrounded the bar, than -to
the found diferetion of the court. They
bad made fine speeches, a>d travelled
through the whole field of inventive.
They had invoked all the powers of
liberty and independence; and attempt
ed to press them into their service.-—
But these, be said, were delusive founds.
At a diHance they appeared enchant
ing ; but when clefely infpeßed, they
proved to be Jacks o' th' Wisp, calcu
lated to. bewilder the judgment and
lead it into error, .
Tn answer to the authorities referred
to by the connfel opposed to hint, hefaid
that the book firft introduced, 'called
“ a digest cn the law oflibels, 1 ' was a
nonymous. It was probably a fugitive
catchpenny production of some English
Barritter, and consequently entitled to
but little credit. ^s to the case of
3d Wilson's Reports, he said it did not
touch the present question. Wilkes,
he said, was a member of parliament,
and excused on that account from the
bonds demanded. In answer to rhe
paragraph cired from Mr. Fox's speech
he contended, that parliamentary de
bates in 1791 could not determine the
law in this country in f8o;; that, al # #
though Mr. box was a great flatforin,
yet that be was no lawyer ; that, altho'
he used the term “ previous restraints
in the form of previous filreties of any
kind for good behaviour" yet that he
meant only such reftriafni as could p[c
,Lent the publication.^
He therefore contended,that his do%
trine stood unopposed by any substan
tial authority.
Mr. Spencer also contended,that his
doftrine did not at all restrain the true
freedom of the press and fair difeuffion.
He agreed that true liberty of the press
eobfifted in freedom from allprevriut re
straint ; but infixed, that the recogniz
ance demanded would be no previous re
flraint. Tt would, he said, tend to re
train its licentiousness. It would tend
to check those libels which ^weekly iffo
cd from the press of the defendant. He
said it might as well be contended that
a prosecution for a libel Was a previoul
restraint on the prefix He read a long
paragraph from 4th Black. Com. pages,
151 and 152, and contended, that from
these it was clear that Blackstone, by
the words “ previous reftrzint," meant
only such power as could prevent the
publication. 'lf the publication was
permitted, he contended that it was
properthat the publisher (liquid be ac
countable to the law, ahd'refponfible to
the public for the ' confluences of eve
ryfyllable. And whether he was pun
ished for a libel, by the forfeiture of his
bonds, or by the verdid of a jury, could
be of no conference to the true freedom
of the press or of fair discussion.
He denied that it curtailed the rights
of jurors. He said there was two kinds
of justice, known in otfr law ; the one
called deftributive, and the other preven
titive justice. Under the latter diftinc
tjon fell the present motion. ; He then
entered into a long argument, to shew, #
that in many instances, a man may, by
bur law, be deprived of his liberty with
out trial by jury. He instanced a re
cognizance sot the breach of the peace,
where a man may be required to give
bonds to keep the peace andbe of good
behaviour; and in case of refufal may
be committed to gaol. He contended
that this was a parallel instance ; and
that it was absurd to fay that in the one
case a man may be compelled to give
bonds, and, in the other could not;
that in the one case, the liberty of action
might be retrained without trial by ju
j\, grid in^he other the liberty of libel
ling could nut. Bell.es, hs said, if Mr.
which is, in fad, a charge cf perjury.
He is cha-ged with leaving paid a vil
lain for libelling that ^r,,? end good man,
that departed patriot, ORr ,: ^Wajhinq
ton. Can the court lb St. ^ teefe
me libels ? Or can they fay titer the man
who published them is riot a libeller ?
Or, upon so flimfy a pretext, Mill the,
fuffer this calumniator, this Wanderer,
this assassin, to continue his fandernus
publications. [Mr: Williams interrup
ted Mr. Spencer. He demanded that
the court thould ptoteft Mr. Crdfweil
from the abuse of the Attorn,-General,
Admitting the. charges made aglinft
Mr. Jefferfon ever so falfe (which he
denied) Hill the court could never kndw
that Mr. Crofwell was the publifher,ufa
til he was declared so by a jury. Mfr.
Crofwell he said, was neither a Handl
er, -or a calumniator. And as to the
term assassin; Mn Crofwell was as free
from blood or crime as the ; man wljo
won!d;take this dastardly advantage of
his fitcation to abuse him with impuni
ty. Mr. Spencer explained, and said
he only meant an aGaffin of reputation.)
He then quoted 3d Burn's Jultice, pagt
S4B and 349, tc the fame effect with th^
quotations already given.'Arid from the
whole argued,with considerable force &
abfome length, that a man Landing in
dited fora libel might, be bound to keep
the peace and be of good behaviour.
• 4 The decision of the court appeared
to give general fatirfaaion to the nu-
Mierous assembly which crowded the
court henfe. Here and there a visage
appeared clouded with disappointment
and anger.— But the great body of the
fpedators, of all parties, received the
decision with evident pleafute. The,
seemed to feel that justice and law, rea
son anc^liberty, had once more tri
umphed. ,
* It i understood that fudge Hogeboom
atone difented.
~— rf ~ "lM^™_^^^
SEVENTH , : -
Cengrefs of theU.States.
'SECOND SESSION.
House of Representatives. ',
FRIDAY, FEE. IK,
qr HE House went into Committee
lof the whole upon a bill allow
ing pensions to perfons.dibbled by
known wounds received in the la§e rev
olutionary war sAfter, cpnfiderable
debate, the committee rose and report
ed the bill.'''
# , Mr... Randolph, frbm the committee
cf whys and rueans, made a report on
the petition ofthe sugar refineis of the
city of Baltimore The commitle are
of opinion that the officers of the trea
sury were right in their conftiudlion cf
law, but report that it will not be ex
pedient to enforce the colle^ion cf du
ties upon sugars refined, but ndt de
livered out by the refiners before the
lit of July, lßox—-The report was
committed to a committee of the whole
house, and made the order ct the day
for Monday next.
Mr. Nicholson requeued that the gal
leries might be cleared, in order that
he might have an opportunity of intro
ducing business of a fare; nature. The
galleries were cleared accordingly.
SATURDAY, ,fD. 12,
Mr. Davis from the committee ap
, pointed to gonfider the expediency of
concentering th- public buildings & c .
Crofwell was charged with a breach of
bis recognizance,by hereafter publnhing
a libel,tile court had the power of refer
ring that charge to a jhry. And in
that vale; n.;>ei, he liquid be cohvided
by aiury, Lis bonds would not be for
feited. As to the habaes Corpus, he did
not deny that Mr. Crofwell might be
relieved by ic from these bonds', if he
chose tc be committed. But admitting
the supreme court would immediately
difeharge him, thit was no rule for this
court. Phis' court thrift: exeici/e its
„wn diferetion ; arid if the genrtarrieh
advised tltyr client to resort to tfe M
preroe court, it would then be time tor
that court tH exercise their power.
My. Spender concluded with profef
fing that he Had no intention to fetter
the press. Acknew its value.—but
felt its licenrioufaef ; and he trusted
the court wotJd exert their power in
this goodly attempt tocheck frie Bootis
of calumny which threaten the destruc
tion of our country.
4 tt is not pretended that the precise
language of Mr. Sneezer is here copied
—but it is believed that every material
argument is given. And aidin' the
writer of thi; holds in abhorrence the
political character ot Mr. Spencer ; al
though he confiders this at\mpt as a
tyrannical effort of : -a little brief au
ihority/'tn fmeother the voice of truth,
and to bind in chains the real freedom
of the press, dill he mad fay, tnat in
his opinion, with th? exception of a few
indecent 'exrilioes, which arose from
violence oftemper, or of pricy spirit.
this was one of Mr. Spencet's mod in
genious speeches. It was, in lliort mak
ing the tyeft of a very bad cause. Ai
ter Mr. Spencer fat down, the Judges
confuted for a few rriornehts on the
Bench, When Judge Ford d livered it
as almost their unanimous opinion,*
that Mr. Spencer Gxald take w thing by
bis motion.., ' ''
This opinion, while it tef!?&s the
highest honor on the:Judges, a :naj nri
a°f>kom Were oppofcJto Mr. Crof
vMl in political principle, we hope will
teach Mr. Spencer an important lesson.
It (hows him, that orir tt ibunii ! s are not
prepared ta facrib.ee hoißßy at the
ferine of party spirit. It mnti convince
him that whatever fclcmes of persecu
tion rind revenge may have been form
ed, he is-yet febjed to the control of
foen refolded to retrain his .vindictive
spirit within the bounds of reason and
hjlhce.a
Sir Huger, from the comraitte ap
pointed on so much of the President's
message as relates to foftering the fishe
ries of the United States, made a re
port, which was referred to a commit
tee of the whole, and ordered to be
printed.'
w 1^ c.dmmutGe of commerce and
manufa&ures, to whom' was referred
the memorial of the sugar refiners of
the city of New-1 ork, reported a bill
to allow a drawback on the exporta,
tion of sugars defined within th Unit^
cd States—The bill was twice read,and
committed to a committee of the whole
Mr. Dana remarked, that there was
before the House a report of the com
mittee of commerce and manufactures
on the fubjed of discriminating and
countervailing duties, a difeuffion of
which had for some time been cxpefr
cq. As the fubjed was of a very im.
portant nature, and as the session was
drawing to a close, he wished for infor
mation from the chairman of the com
mittee, whether it was his intention to
call it up during.the session. If not,
he thought this ftnrild be explicitly un
derltood, and that the committee of the
whole should be discharged from the
further consideration of it.
Mr. S. Smith replied, that buGnefs
of public consequence was now pressing
so very hard upon the House, that he
had determined in his own mind not
to call up the fuhje& during the present
session, and would therefore move
that the committee of the whole be dif
charged.-''
The question was put and carried,
56 voting in the affirmative.
Mr. Gregg said he was furprtfed to
hear gentlemen talking of the quantity
and importance of the public bufinefg
before the House, and yet to find them
willing to ronfume the time upon fub
jeds of very little importance. There
was a resolution, he said, laid upon the
table yederday, infinitely more important
than any buftnefi in which the House bad
been engaged during the morning. He be
lieved every member had come to the
House prepared and expeding to aft
upon.that fubfea,andhe hoped it would
be taken up immediately. He referred,
he said, to the confidential bifhe/s.
The gallei its were then cleared, and
the doors closed.
&C. reported ,hat it will not be expedi
ent to make any change in the feite of
any of the public buildings within the
city of Washington. —The House con
curred.
Mr- Griswold called him to order.
He beleived it to be the order of the'
House that all tranfa&ions upon that
fubjeft should be in secret.
Several engrossed bills were read, and'
some ordinary business w^s performed
and theft the House adjourned.
Monday,, 53. 14, xfoj.
'A bill fcpplemehtary to the a& pro
viding passports for the Ships and ves
sels of the United States, passed to be
crimed.
A message was received from the
Senate, informing that they had passed.
the bill for granting clearances to vef~
fels df the United states, lying in the
MiSEfippi, fouth of the southern boun
dary of the United States.
Militia—A. ieport of the committee
refpeding the Militia was accepted. It
Races,'' that the act passed May 8,
1792, embraceth all the objeds of a
militia ihflitution delegated to Con
gress ; but that some small alterations
would render the system more effica
cious ; and therefore they had reported
a bill for that purpose—The committee'
further Rated, that where the militia
arc in a disorganized Rate it is imputa
ble to the State governments, and that:
the President Should be requested to'
write to'the chief magistrate of each
State on the fubjeft.
After some unimportant business had
been gone through the galleries were
cleared and continued elofed for the re
mainder of the day, on secret business.
Tuesday; FEB. 15, 1803.
Soon after the reading of the jour
nals the galleries « ere cleared and the
doors clofed.-sThey were not opened'
till nearly the usual time of adjour
ning. -
Soon after the doors were opened,
Mr. Nicholson rose and said, he wifhed'
to make a report upon the fubjeft
which—