United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-09-03 00:00:00, page 2

We take this opportunity, in compliance witha
request of a Federal Gentleman, of publishing
theAtt of congress commonly called the Sedi
. tian Law. —Much Arefs has been laid on this
law in pulling down the Federal Administra
tion. It has been urged by the democrats as
the ftrongcfl evidence of the hostility of the
Federalists to the liberty of the freft; as a pal
pable violation of the couftitution. It has been
spoken of as a measure adopted to prevent
the proceedings of government being publish
ed to the world, and termed a gag law, altho'
nothing of a libellous nature, verbally com
municated, ever was or could be puniihed un
der it. In short, this little law, which only
prevents the writing, printing and publifh
iog of wilful and malicious lies, has been con
fidcred by the democrats as the great<f griev
afr" they ever experienced, and more has been,
and is now, said against it, than against any
other measure of the Federal Adminiftration.]
Trenton Fed.
AN ACT
In addition to the Ad, intitled, "An ad for the
punishment of certain crimes against the U
nited States.''
Sec. I. Be it enabled by the Senate
& House of Representatives, of the United
States of America, in Congress assembled,
That if any persons (hall Unlawfully
combine or conspire together, with in
tentto oppose any measure or measures
of the government of the United States,
which are or Ihall be direded by proper
authority, or to impede the operation
of any hw of the United States, or to
intimidate or prevent any person hol
ding z place or office in or under the
government of the United States, from
undertaking, performing or executing
his trust or duty ; and if any person or
persons, with intent as aforefaid, (ball
counsel, advise, or attempt to procute
any inforredion, riot,unlawful assembly
or combination, whether such conspi
racy, threatening, counsel, advice, or
attempt fliall have the proposed effeft
or not he or they shall be deemed guil
ty of a high misdemeanor, and on cen.
vi&ioß, before any court of the United
S ate, faring jurifdidion thereof, fhalj
Neither would the want of a general
credit at Bank be decisive if that had
been the fad. It is a rule with many
persons never to endorse ; they know
the uncertainties of trade,they know if
they indorfe for one, they may be re
quested by another, and therefore will
not indorfe for their nearest friends.
But it seems there were perrons who
would indorfe Mr. Gavin's notes, and
they were received at the Bank. Had
this person been actually a resident and
in bad credit, the defendants would
not have been justified in nutting him.
As to the second point, namely, the
security taken for a debt, after Gavin's
note was protested, I think better fecu
curity might have been taken. This
however seems to have been rather an
error of judgment,than a want of fidel
ity, but admitting the defendants to
have been deficient in zeal and prudence
in the concerns of their principal, the
jury will confider whether his fubfe
queut conduft does not seem to have
fandi med the defendant's measures by
something more than filence,by positive
acquiescence. If the jury think the de
fendants have aded as 66 prudent and
faithful agents in this concern,they will
find for them. If on the contrary they
think the defendants have been guilty
of any mala files, of any gross negli
gence, they will find for the plaintiff.
The jury, without retiring from the
bar, found for the defendants.
V^±e --— - ■- -Taß
pears, we difeover, in their conduct af
ter Gavin's note had been protested :
ought they not then,immediately,either
'to have instituted a fait and held Ga
vin to trial,or fete taken some substan
tial security for the debt ? Instead of
this what is the course they take ? They
resort to a young man for advice under
whose recommendation they take the
alignment of a policy of inforance on
goods ffiippe'd for Cadiz. A policy
of insurance ! And what security was
this ? In case of the goods arriving
fafely at the port of declination it was
useless, a mere nullity, irwas only on
the event of a loss a chance of I to 25
or 30, a (lender ground for the plain
tiff to rely on for indemnification ! Had
they taken an alignment ofthe effeftsin
fured or the proceed ofthe voyage,there
would have been some diferetion and
some value in the alignment ; but
what they did take was an " airy nothing
a contingency a chance for one out of
?5 ;" and can a jury fay that such con
duft in agents Was either prudent or
justifiable ?
Upon the whole, as the loss muR
fall either on the plaintiff or defendants,
he thought the jury would fix it on the
latter from their negligence in not using
those means, which “ faithful and pru
dent agents in like circumftanccs ought
to have used.
The Judge, after summing up the
evidences and Rating the points made
by the council, in a clear and able
"manner, observed to the jury, on the
point of Gavin's credit, that it was not
by any means Decenary that a man
Should be uriiverfally known to bea per
son of credit. It is fufficient to excul
pate the defendant from the charges of
negligence, if they had good reason to
believe Gavin responsible for the a:
mount of the effects fold, nor is the
want of a fixed residence a conclusive
circumstance against trusting Gavin.- It
might exci e caution,but not extinguish
confidence.
be punished by a fine not exceeding five
thousand dollars, and by imprisonment
during a term not less then fix months
nor exceeding five years ; and further,
at the diferetion of the court may be
holden to find sureties for his gon I be
haviour in such film and for such time,
as the said court may direct.
Sec. 2. And be it further Enacted,
That if any person shall write, print,
utter or publiffi, or (hall cause or pro
cure to be written, printed, Uttered,
or published, or shall knowingly and
willingly assist or aid in writing, prin
ting, uttering or publishing any falfe,
Scandalous and malicious writing or
writings against the government of the
United States, or either house of the
Congress of the United States or the
President of the United States, with in
tent to defame the said government,
or either house of the said Congress, or
the said President, or to bring them,
or either of them, into contempt or dis
repute ; or to excite against them, or
either 01 any of them the hatred of the
good people of the United States, or to
Air up sedition within the United
States ; or to excite any unlawful com
binations therein, for opposing or re
lifting any law of the United States, or
any a& of the President of the United
States, done in purfcance of any such
law, or of the powers in him veiled by
the confutation of the United States;
hr to refill, oppose, or defeat any such
law or a& ; pr to aid, encourage or
abet any hostile designs of any foreign
nation against the United States, their
people or government, then such per
son, being thereof convi&ed before any
court of the United States, having jurif
diriion thereof, shall be punished by a
fine not exceeding two thousand dol
lars,| and by imprisonment notexceed
ing two years.
Sec. 3. And be it further enabled and
declared, That if any person shall be
prosecuted under this a&for the writing
or pubtilhing any libel afbrefaid,it ffiall
be lawful for the defendant, upon trial
of the cause, to give in evidence in his
defence, the truth of the matter con
tained in the publication charged as a
libel. And the jury who shall try the
cause, shall have a right to determine
the law and the fad under the direction
of the court as in other cases.
Sec. 4 And be itfurtber erected, That
this ad shall continue and be in force
until the third day of March, one
thousand eight hundred and one, and
no longer : Provided, that the expira
tion of the aft shall hot prevent or de
feat a prafecttion and punifement of
any offence against the law, during the
time it Ihall be in force.
jon ,than Dayton.
Speaker of the tioufe of Representatives.
THEODORE SEDGWICK,
President of the Senate, protempore.
APPROVED— JuIy 14, 1798.
JOHN ADAMS.
President of the United states.
Q :—
When the above law expired, it was
known tiiat Mr. J fl rfon would ffiortly
be President, & that the detnocrats would
have the whole of the general government
in their hft Is. The tederahtts moved
to have the law continued inf & ice. So that
if they had enjoyml any special protection
under it,that advantage the, were wil
ling to extend to the democrats, their
successors ; but the democrats strongly
opposed it ; they wanted no such “ arbi
trary and oppreffivetew in force." ft Was
unconhTutional forit abridged the liberty
of the press. It was on this occasion that
Mr. Harper deliv red one of the molt el
oquent speeches on the liberty of the preik,
ever heard in our national councils. He
strongly urged the continuance of the law
as a fafeguard of the right of examining
the proceedings of government; he wan
ted it, he laid, as a protection against
that overbearing Spirit of tyranny which
Ire was confeious pervaded the partycom
ing into power—that when he, in put
fuance of the right recognized by the fun
damental principles of our free conllitu
tions, as the prerogative of every free
man, to animadvert 011 the conduct of
those in power, through the medium of
the press, if called to an account,he might
have the privilege ol> ffering the truth in
evidence, in jollification of his conduct
He predicted, that if the law under con
lideration was fuffered to expire, that the
democrats would take advantage of the
indefinite penalties of the common law
against their political opponents, and this
prediction has already been verified in the
case of Mr. Crofwell, who has been de
nied the privilege of giving the truth in
evidence. But the democrats infilled the
law Should be repealed—and now they
have full swing at the liberty of the press.
A few questions will close what We have
to fay on this fubjeft.
— Q-—ato
Could those, who did not mifo any thing
wrongfully charged to government, be
really opposed to a law which only pun
ilhed wilful and malicious lying ?
Could those be real friends to the liber,
ty of the press, who would ab^lifh a law
which ensured the privilege to every
man, of giving the truth in evidence, in
case he was prosecuted for a libel,
and then revive one which prohibited
the privilege of juftification by that
means ; which leaves indefinite the mea
sure of fine and imprifonment'
Could that law be unconstitutional
through the provision in the constitu
tion which prohibits Congress from pas
sing any law abridging the liberty of the
press, which did not abridge it ; but
which only gave it a greater degree of
security than it before or since enjoyed?
FOREIGN NEWS.
Received byway New-York.
London dates to Jane 29 —and Liverpool to
J ul 7 3
OFFENSIVE MEASURES.
LIVERPOOL, JULY 2.
NoTiCE.-His Britannic Majesty has
judged it expedient to eftablilh the molt
rigoros blokade at the entrance of the
mouth of the river Elbe, & to maintain
& enforce the fame in the ftri&eft man
ner, according to the usages of war ac
knowledged and allowed in limilar
'cafes#
JAMES MAURY.
American Consulate,)
Liverpool, if July 1803. J
0
London, June 2).
Admiral Thornborough, is gone to
cruise off the mouth of the Elbe. Sir
Sydney Smith has resumed his Ration
off the Deeh couft.
We are extremely happy to find the
unjuftifiable proceedings of the French
Government in the seizure of Hanover,
have at length induced Ministers to a
dopt that spirited and decisive line of
conduct which can alone put a stop to
aggreffioris, which would otherwise
know no end. Thefollowing was Ruck
up at Lloyd's yeßerday.
" Lad night'Lord Hawkeftury com
murticated to the Foreign Minitlers
that his Majesty Fad determined that
the entrance of the Elbe fnould be block
aded in the ftrideß manner.
o
DEFENSIVE MEASURES.
LIVERPOOL, JULY 2.
The bill for raising an army of Re
serve in England after much difeuffion,
was read 1 third time and parted, in
the Hotife of Commons, on the 30th of
J une -
ArmY—Befide the encampment at
Brighton, Coxheath and Whaley, two
others are forming near Harwich and
Bradfield on the Essex coast. The
Derbjfhire militia is orderedfor Cox
heath. Every regiment is to be furnifh
ed with two field pieces anda detach
ment of artillery.—lt is reported that
the second field officers cf the old mili
tia, will be polled to the supplementary
regiments.
INVASION.
, , LONDON, JUNE 24.
Some private letters were yeflerday
received from the Hague and Brussels,
the contents of which are oftonfiderable
importance. An army of reserve, to
which has been given the name of the
Army of England, is now formiig at
Daventer, under the command of Gen.
Deffolles ; and the number of troops
already affcmbled between that place &
Flufliing is estimated at little short of
80,000 men.^-An encampment is im
mediately to be formed upon the Downs,
near Dunkirk, and several regiments
are Rationed between, Calais and Bo
logne. More troops are under orders
for the fame quarter,& there is very lit
tle doubt of the whole being destined for
the meditated attack of this country.
According to a letter from Bois-le-Duc,
forty battalliohs were shortly ekpeded
to pass through that place, tojoin the
“ Armies of England and Hanover ;"
and a number of frefh corps have lately
been marched to several parts of Hol
land. One brigade lias entered the
Hague, from which place the Dutch
troops have been removed, and Gene
ral Viftor has been declared, by the
Dutch Government, Commander in
Chief of the Batavian army.
0
OF NEUTRAL COMMERCE.
The American Consulate at London,
inconsequence of the late French decree
has published the following notice.
American Consulate, London June 25.
By an arrete of the French Govern
ment of Meffidor tft, (20th June,) no
American vessels are permitted to car
ry merchandize of any kind, diredly
or indiredly from this country to any
port of the Republic, And all manu
fadures, or British Colonial produce so
carried, will be fubjed to confifeation.
0
Accounts of the Plague having ap
peared at Malta, are contradided.
Letters from Admiral Cornwallis,off
Ufhant, mention, that the Brest fleet
was Rill in port.
The American (hip Commerce,from
Rotterdam, for Philadelphia, with 220
Swiss on board, has been captured by
the English Roop of war Ranger.
Stocks at one o'clock—reduced, 55|
—omnium, 4 1-4.
PLYMOUTH, JUNE 22.
By the Colombe French corvette,
which arrived here yefterdayjt appears
that (he was the forerunner of a fleet
confining of one (hip of 74 guns, two
frigates, and 60 fail of merchant Ships :
(he left them in themorning of the 18th
inst. and was making for Brest when
the Endymion of 44 guns,and Dragon
of 74 fell in with and captured her in
the afternoon of that day, about 20
leagues S. W. of Ufhant. The Dragon
mrtantly made fail for the Channel fleet
and joined them next morning, and on
communicating this glorious intelli
gence,they immediately dispersed in all
directions in quest of them, and there
seems to be very little doubt that the
greater part if not the whole may find
their way to British Ports.
BY MAIL.
AMERICAN PRIZE.
WASHINGTON, AUGUST If.
Entrap of a letter from J. L. Cathcart,
efq. to the Secretary ,f State,dated Leg
horn, 22d fune, 1803.
" The enclosed communication from
my correspondent, Mr William Hig
gins, an English merchant at Malta,
^ ve , e Jnexpreffible fatisfadion. I
will give it to you verbatim.
Malta, May 24, 1803
"We have no news here. The Ad
ams arrived yefterday,but the Commo
dore with the John Adams are cruising
off Tripoli. The last veflel has brought
in the Tripoline Lord High Admiral's
fliip, which (he took going into Tripo
li, in direct violation of the pass given
her. She is certainly a good prize :
though I imagine the Commodore will
not condemn her, before he hears from
home."
WASHINGTON, AUGUST 20.
A letter from Gibraltar, of June 18th,
1803, informs, that “ Capt. EJeumiche
(a native of this place in the Portu
guese service) went off Algiers a few
days ago in a 74, manned in Lifbin with
about Soo volunteers and his four sons,
to endeavor to take the 44 gun frigate,
captured last summer. Close to said port
he fell in with a 44 gun frigate a brig
and a zebec, when it fell calm, which
gave an opportunity for boats coming to
their assistance from Algiers and towing
them into port. The tecbec he captured,
took 100 and odd men out, and then
funk the vessel. Hechafed the others so
c)ofe in as to exchange (hot with the
Mole batteries. He is now here on his
Way to LHbon.—On board the zebec,
captured by Capt. Efamtyhe there were
twelve Neapolitans,whom they were car
rying into slavery."
-—c
PHILADELPHIA, AUG. 16.
The London Morning Chronicle of
June 15th fays that Gen. Stuart is or
dered with 3000 men from Malta to
Sicily, to pioted that inland against the
attacks of the French. He will take
post in the vicinity of Meffina, inorder
to defend the narrow pafs,and a British
fquadrop is kept cruising in the Rraiis
ofMeffina,and on the northern coasts of
the island.
NATIONAL URBANITY.
0
Copy of a letter from Lord Hawkefbury,
to Mr. King : dated May 19th 1803.
SIR, Downing street, May 19.
Having laid before the King your
letter ofthe 15th of this month,in which
you inform me that a Treaty was sign
ed at Paris on the 30th of last month,
by the Plenipotentiaries of America &
France,by uhich thecompletefovreign
ty ofthe townand territory of New-Or
leans as well as of all Lbuifiana,has been
acquired by the United States ;-I have
received his Majesty's commands toex
prefs to you the pleasure with which
bis Majesty has received this intelli
gence and to add, that his Majesty re
gards the care which has been taken so
to frame this Treaty as not to infringe
any right of Great- Britain in the navi
gation of the Miffifippi as the most fat
isfadory evidence of a disposition on
the part of the Government of the
United States, torrefpondent to that
which his Majesty entert ains,to promote
and improve that harmony and good
Understanding which so happily fubfiß
between the two countries, and which
are so codufive to their mutual benefit.
I have it also in command to assure you
fir, that the sentiments which you
have expressed in making this commu
nication, are considered by his Maßy's
Government as an additional proof of
that cordiality and confidence which
you have uniformly manifefted in the
whole course of your public million, &
which havefo justly entitled you to the
esteem and regard ofhis Majesty's Gov
ernment.
I desire you to accept the assurance
of the distinguished consideration with
which I have the honour to be &c.
HAWKESBURY.
Rufus King, Esq. &c. &c. &c.
0
PHILADELPHIA, AUG. 2§.
MELANCHOLY.
This morning, about 4 o'clock, the
city was alarmed by the unusual cry of
fire. It proceeded from a building oc
cupied by Mt.P.Dan/el, as ^ Riotand oth
er lead manufactory, foliate in Water,
between Market and Chefnut-Preets.
Notwithflanding the difficulty of access
by any number of engines, the hydrant
and hole were made ftibfervie.it to the
most effedual purpoles. The flames
were completely overpowered, by 5
o'clock, after dtftroyi =g that part of the
building in which they originated. It
cannot be precisely ascertained in what
manner the fire commenced.
We add, with extreme regret, that sev
eral valuable citizens have loft their lives,
and others were much injured by the lud
dcii fall of the kitchen chimney, at the
moment of the fire's abatement. Among
the former, we are particularly distressed
to include Mr. John Clark, an active,
lifeful citizen, and amiable man. He
bad been extremely arrive during the
conflagration, and at the moment of the
unfortunate accident, was engaged with
others, in referring the property of his
friends from the flames. He has left a
numerous family, and an excellent circle
of friends to deplore his irremediable lofs'#
Two other persons, whose names we have
not been able to procure, were also kill
ed. Another has bis thigh broken, and
several others were materally bruised.
“ The spider's most attenuated thread
Is cord, is cable, to man's tender tie."
o— -~
BALTIMORE, AUG. 22.
On Saturday night an altercation took
place on Fell's Point, between two Danes,
belonging to a Danilh (hip now in port,
which was attended with serious conse
quences. One of the men, it is Rated,
drew a knife from his pocket, and cut his
antagonist about the face in several places,
and also cut the sinews of one of his
wrists so dreadfully as to occasion the im
mediate amputation of the hand. The
perpetrator of this inhuman a& is Cent to
jail, and the fuftrer to the hofpitah
ExtraA of a letter frm a gentleman at
Chariottefuille dated August gh.
" Mr. Waine, one of the criminals
who made bis escape from the Jail of this
county on the night of the 23d nit. vol
untarily returned on Sunday night last,
and delivered himlelf up to the Jailor,
observing at the fame time, that he did
not (at the time he escaped) intend flay
ing out more than a week—he was lent
from the county ofaAmherß to this Jail
upon the charge of being the murderer
of Dr. Hopkins, and it is thought by
many he will be hung."
Thur, in one nigh; is MrJohnfon and
family reduced from competency, to real
necessity, and the industry of years level
led in the deft. Though few claims to
public charity can be better founded, the
writer of this article feels great reludance
in requesting the attention, and rc/ped
fully soliciting the benevolence of a lib
eral, feeling community. Sons of prof,
perity ! whatsoever thou art, put thyfef
in the room of him who now fodcita thy
Bonaparte has dilated a set of refo
lotions to the government of Hague,
which they have very obsequiously pub
lished in the form of decree. By these
the importation of merchandize from
Great-Britain and its colonies is prohib
ited. Neutral vessels must be provided
with certificates from Dutch consuls, or
from the magistrates where (hipped, dat
ing the cargo, the.names of the vessel and
mafler, the number of bands, &c. Those
who have not these certificates must take
a return cargo of the produce or manu
fa&ures of that country. It prohibits the
exportation of vessels or materials for (hip
building. It renews the existing laws re
lative to exportation of warlike ftorcs,
gunpowder, fil:-pene, &c. and prohibits
the exportation of provisions to the ene
my. — o—
By the brig Flora Capt. Davis 20 days
from Kingston, arrived at Hampton
Roads on Wednesday fe'nnight, we learn
all American vessels bound to any port
of St. Domingo, are sent to Jamaica
without dilcrimination. Geo. Morgan,
together with a number of officers, have
been sent to England in the Sante Mar
garetta frigate. A great number of Ame
rican vessels have already arrived in '
Kingston, but none from the port of
Norfolk.
BOSTON, AUG. 30.
Fire al Nahant. -
[COMMUNICATION.]
On the 27th inst, at midnight, the in
habitants of Lynn were alarmed with the
cry of fire—On awaking from their flurn-'
bers, the awfully distressing fpedade of
Johnson's Hotel at Nahant, enveloped
in flames, presented itfelf to their view
which, in a short period was entirely con
sumed. So rapid was the conflagration,
that the family escaped only with their
lives, not being able to preserve the
fmallcß article of furniture or even of
raiment.
NEW YORK, AVGUST 2§.
Lift evening arrived the (hip Caledonia,
from Liverpool. By her London dates
are received to the i§Ui
The expedition again' /England, it b
said, will confit! of 500.000 men in three
divisions, to be commanded by Bona
parte, Moreau, and Bournonville; of
which it is calculated that 200,000 will
be destroyed in the attempt, and that the
remainder will be a force fufficient to
conquer the island.
" London, July 12.
A letter from Amsterdam, of the 4th
inst. fays, " We are informed, that the
French government has demanded, in the
most precise manner, that firnilar mea>
fores to those adopted in France fliould
be taken in this republic, to prevent ev
ery kind of communication, direct or in
dired, with England. It is expefted that
the exportation of every kind of provi
sions will be severely prohibited ; orders
arc already given for the examination of
vessels at 'heir failing, and for kquefirat
iog all those whose papers are not con
formable to regulations, &c.
Letters from Marseilles Rate, that a
convoy has arrived in that port from A
merka worth seven nilhoos of livres.
By the London accounts it appears that
his Britannic Majesty, as Elector of Han
over, has refuted to ratify the convention
of Sublingen. It is Rated that in coafe
quence, the Hanoverian troops will be
sent prisoners to France, and that the
French were at the beginning of Jul,
preparing to pass the Elbe. The Hanove
rians were also preparing to dispute the
partage in a very determined manner.
The First Consul it is said fuffers bis
Neapolitan Majesty to remain neutral.