United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-02-19 00:00:00, page 1

PORTSMOUTH, N. H. Printed and Published every
To!. XIII.) SATURDAY, February 19, 1803.
Os ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL)
prosperity, RELIGION & MORALITY are indispensable}
supports. WASHINGTON'S Legacy. J
Edward Parry,
Informs his friends and customers that onu
ing to the late conflagration, be has taken
a for, ohftnfit, the State-Haufe, Congress
Jireet. a few doors from the Nil Tavern,
rosbere be has for falc as u/ual, thefollowing
GOOD S,
Wholesale and Retail.
Hf Slock cenfifis of
150 pieces of Superfine and low
price fifth finable Broadcloths, from 6/
to 40/ prr yard,
200 ps. Plain and Forest Cloths.
40 ps. Superfine Coatings; Rat
teens and Lambskins.
40 ps. blue, red and green Serges
rod Fearnau^hts;
35 ps. fafhionable Caffimeres,
from 6, to 2 ij per yard.
50 ps. fafhionable Swansdowns.
150 ps. Baizes and Flannels.
200 pair Rose Blankets, all fiz.es.
200 ps. Durants, Tammies and
Moreens.
100 ps. Ruflels and Calimancoes;
150 ps. Wildbores, CambleC,
and Cambleteens.
40 ps. Shalloons and Antilodife.
40 ps. blue and black Velvets and
Corduroys.
50 ps. Florentine and Ladings.
200 ps. Irish Linens & Sheetings.
1000 grace fafhionable and com
mon Buttons.
10,000 yds. fafhionable Chintzes
and Copperplate Furnitures.
600 yds; Dimities and Muflinets.
1000 yds, fprigg'd and tambor'd
Mt fling from 3/ to 24/ per yard.
1000 yds. cambric; jaconet and
book Mullins.
600 yds. English Bed Ticks.
1200 yds. black Modes & Satins,
ioo yds. Pelicee Silk.
30 doz. men's Beaver Hats, of
the latcft falhion;
20 doz. Ladies' Beaver Hats,
force of which are very elegant.
30 doz. fafhionable Ranalloy
straw Haitsand Bonnets; Trimming*.
50 doz. camel's hair, silk, muffin,
cambric and chintz Shawls:
too doz. best Jersey, and Wilt
shire men's knit Stockings,
superior to any Zver imported.
100 doz. Ladies' Cotton & Silk
Hose, Gloves and Mitts.
2 trunks of fafhionable Muffs and
Tippets, fur Shawls & Wadding.
A large affirtra^nt of
Ladies' London made Shoes
With water proof soles to fit.
An elegant aforfment of
English and French Laces and
Edgings. A large assortment of
Bed Laces, Fringes, and Tassels.
Englilh patent white and color'd
sewing Cotton Thread.
Water proof Umbrellas.
20 Bales 15 thread Cod Lines,
Sewing Twine, Herring Nets,
and patent Shoe Thread ;'
With a general affatment of
Other GOODS, as usual.
Pot and Pearl Ashes, and Flax-
Seed will be received in pay.
*, E, PARRY earnestly re
qutfts all those who are indebted to him
to make immediate payment, as his loss
has been very great in the late fire, which
:ike it necessary that his accounts should
&e all fettled. Z#. 21.
Henry Ladd,
HAS FOR SALE,
Perkins Metallic Pumps,
Which will deliver double the
quantity to the common pump
with half the labor; that together
vith the cheapness and fimplici«
(y of which, has introduced them
go general ^fe.
Porfmouth, f&^Q 14.
_ AMERICAN INDEPENDENCE TWENT Y-SIXThVeaR.
Portsmouth
Biteii States
^=======^^ \
* From the Balance.
“ Nothing extenuate, nor set down augbt in malice."\
An ACCURATE STATEMENTSFACTS ,
CONCERNING
ME. MsTO^NEY-GeNERAL SPONGER'S\
LATE ATTACK,
ON THE
Libertyofthe Press,
In This country.
Written by a gentleman who was at Court
during the whole transaction, and who
f led g es bimselfthat the detail is substan- 1
tially correct.
0
ON the i ith day of January, 1803,
Harry Crofwell, the junior edi
tor of the Balance, was taken by an
officer on a bench warrant, and carried
before the Court of Sessions of Colum
bia County, then fitting in Claverack.
Two indidments were there read to
him. One of the indictments, with the
usual epithets and inuendqes, charged
Mr. Crofwell with having published a
paper called the " Wasp," in which
“ jefferfon" was charged with having
"paid Callender for calling Wafliington
a traitor, a robber, and a perjurer; for
calling Adams a hoary headed incen
diary ; and for libelling almost all the
worth & virtue in the country."—The
2d indictment Gated in effect that Harry
Crofwell had, in the fame paper, pub
lished a piece entitled, " A few squally
fads," which contained the following
charges :—
i. He [Jefferfon] ordered moHhy to be
paid out of the treasury to repair the
Berceau, contrary to the clause in the
constitution which gives the sole power
of appropriating money to Congtefs.
2d. He has difplated the heneftpxt
riots of this country, and appointed to
succeed them foreigners and flatterers,
who have always (hewn themselves hos-;
tile to it ; one of whom* was prime
agent, in raising an infurredion to op
pose the constituted authorities.
3d. He planned and directed the at
tack on the constitution last winter, by
which the independence of the judiciary
was destroyed, and otir constitution
marred and mangled.
4th. He has remitted a fine to a
criminal,, after the fine was collected,
against the express provision of the con
stitution.
sth. He released Duane from a pros
ecution, instituted for a libel on the Sen
ate, without the least authority from
the Constitution, or any law—only,
because Duane had contributed his
snare , lie him into office. It would
be an endless talk to enumerate the ma
ny pCts, in direct hoftiiity to common
sense and the constitution, of which this
" man of the people" has been guilty—
These are faCts,and I now aik his friends
and foes—every American—do you
hot blush for your country and your
President ?—Do you not in all this,
plainly perceive the little arts of a very
little mind.
Any obfetvations upon the trutty or
falftiood of the charges here made,
would be improper. They are to be
tried hereafter. And, in the language
of one of the counsel, “ I thank my
God, thut those trials must be by a ju
ry of the country —by men drawn from
the community—the creatures of no
party —responsible to no power, but to
their consciences and their God."
Messrs. Williams, Van Nefs and Vah
Rensselaer, the counsel for Mr.CrofWell,
demanded copies of the indictments be
fore they Should be compelled to plead.
They stated, that there never was ah
instance where a copy was thus de
manded and refufed. That copies
could not be before obtained, in the
Usual way, from the Clerk ; for that
the indictments had never been left with
him. Mr. Spencer, with great warmth,
opposed the demand. He could not
fay that ever a similar requeftwas re
fufed, because he did not believe it was
ever before made. But he said, if this
was granted, every person indicted
would make the fame demand, and
thus public business be greatly retarded.
He was answered, that inasmuch as
this was a motion to the found difere
, tion of the court, whenever the request
was made for the purpose of delay, the
court would be juftified in refilling ;
and thus the delays apprehended would
"Albert Gallatin, Safetary of the Treasury.
f Callender,
Inever happen. The present case, it
I was stated, was eminently entitled no
I the interference off e court. That the
indictments were Ito? rid unintelligi-•
|.ble ; and to force %'fc Il rnotead|
Iwithout copies, was to enfrap him and]
Sacrifice his cause. A majority of the
court, however, refufed the request, and
ruled that Mr. Crofwell Should imme
diately plead. To both indictments he
plead not guilty.
It was then suggested by the counsel
for Mr. Crofwell, that as the law on 1
the Subject of libels was extremely intri
cate even in England, and less known
in this country than that on any other
fubjeCt, it would be proper that the tri
als ffiould be postponed until the next
court of Oyer and Terminer, when %
judge of the supreme court would b 4
prefect and assist in the decisions. This
was objected to by Mr. Spencer, and
the court refufed to interfere.
It was then Hated, that from the fee
of the indictments it would appear, that
the witnefts required by Mr. Crofwell
were in Virginia, and of course, cccld
not be obtained this court. It was,
therefore, moved that the trials (liquid
be postponed until the^ext feffon.
To this Mr. Spencer objected. He
said that the only evidence Mr. Crof
well would want which he could not
obtain this court, was merely to prove
the truth of his publications. Be de
clared, explicitly, that the truth/cuuld
not be admitted M evidence as a justifi
cation ; and, therefore, e'en it Mr
Crofwell by this postponement, could
obtain evidence of the truth ofhis pub
lications, it would not avail : it never
would be admitted. The only queflion
was, whether Mr. Crofwell had publish
ed those libels. Upon this question, lie
was as well prepared now as he ever
cotita be. The pofipmemenc of the
trials, be contended, was totally unrle
ceflary. Betides, he said, the applica
tion was not properly made—that an
affidavit, Gating the grounds of the ap
plication, should be made, and that in
no other way could it be legally ob
tained.
He was answered, that when, in any
cause, fufficlent appeared on record, to
convince the court that a postponement
of trial was proper, they would never
require an affidavit. This was the fad
here. They denied the dodhine of Mr.
Spencer, that, in this country, "the
truth cannot begiven in evider.ee." It
possibly might be true as to libels or
private character ; but, as it refpeded
the official conduct of the officers of
government,it never conld be admitted.
It was stated that our government is
elective ; that it is necessary to its very 1
exiftehce that the people should be truly
informed of the condua of their rulers.
It had been the cry of a party, and,
heretofore, the firft article in his [Mr.
Spencer's] political creed, that the peo
ple poffeifed the sovereignty, and that
governors and presidents were their
servants ; and that whenever the peo
ple should write on their ballots, “ thrn
them out— turn them out," those whom
they had created must fall. But how,
it was asked, could this power, this sove
reignty be corredly exercised, iinlefs the
condtuG of their servants might be faith
fully exhibited ? How coulu they pluck
down the vicious demagogue, and raise
and support the virtuous patriot, unless
their variant conduct could be faithful
ly represented ? And what printer
would dare to represent such condud,
if the truth of the fads, so represented,
could not Shield him from detlru&ion?
In Short, the, contended, that the doc
trine of Mr. Spencer, went to this point :
that if a President Should violate the
constitution, or be guilty of any crime,
and his conduct was corredly and truly
stated by any printer, yet that printer
might be indifted,fined and imprifohed.
This could not be law in this country.
It was fundamentally opposed to the
principles of our government . And,
however in the bhglifh monarchy such
a principle may be recognifed, tinder a
free government, whose exigence in a
great measure depended upon the
Spreading of truth and correct informa
tion among the people, it never could;
be tolerated. At all events, it was
stated to be an important and doubtful
question, and time ought to be given
until another term to investigate it tho
roughly..
Mr. Spencer consented to the post
ponement of the trial of one of the in
di^menu, to the court of Over and
Terminer. With refpe& to the other
he persevered ; and a majority of the
court decided that the trial Should not
>be postponed. Mr. Crofwell was then
;recognized to appear in coct from div
I to day, during ineterm, and requeued
by Mr. Spencer to be ready for his trial
the next day.
The next day (Wednesday) towards
evening, Mr. Crofwell came into court
With his counsel, and offered an affida
vit to the following effed :—That he
I intended and expeded to prove the truth
of the facts as stated in the “ Wasp," of
Sept, gth, and for the alledged publi
cation of which he was indicted.
Upon this affidavit, they moved the
court to postpone the trial. The At
torney-General fiw fit to abandon his
opposition; and it was agreed that Mr.
Crofwell Should be recognized co ap
pear at the next Court of Seftons to be
tried upon one of the indictments, and
uphn the other at the next court of Oyer
and Terminer. , Mr. Crofwell then
came forward wiffi his sureties ; and
Mr. Spencer moved, that he should also
be bound to keep the peace, and be of good
behaviour. The counsel for Mr. Crof
well admitted th it it was proper he
ffiould enter into a recognizance to ap
pear and answer, &c. but they infilled
that to demand surety fir the peace and
good behaviour, was illegal, a violation of
his liberty as a free citizen of the Unit
ed States ; that it was a direct attack
upon the freedom of the press, and that
if any thing could at this time, aflonifh
them, it was a proposition pregnant
with such dire& and [alpable hoftiiity
to the freedom of.difenllion, and to the
best principles of true republicanism.
Mr. Spencer however persevered, and
the debate on the qneftion was deferred
Until the next morning.
On Thursday morning, Mr. Spencer
renewed his motion, that Mr. Crofwell
ffiould be bound, himfelf in 2000 dol
lars, and his sureties in 1000 each, up
on each of the indictments, to appear
&c. and also to keep the peace and be of
good behaviour.
In giving the arguments of the coun
sel on both Sides, it is not to be expec
ted that every word they said should bel
copied—They are given from recollec
tion only. It is hot possible, in this
way, to dojuftice to either of the gen
tlemen. Some faint idea, however, of|
their arguments, and of their eloquence)
may be gathered from the following
Sketches ; and whenever it was practi
cable, their very language is given.
Mr. Spender opened the debate, by
producing authorities in support of his
motion. He cited the statute of the
34th of Edward 111, which he said was
incorpotated in our revised code, vol.,
ift. page 304. He referred particular
ly to the 6th fefti^n of the act, wh ch
gives every justice in the date, power,
to cause to come before them perfonsj
who be hot of good fame, and to give fure-'
ty for their good behaviour ; and under
the words " be not of good fame" he
contended every libeller was found.—;
To eftdblifli this proposition he firft re-l
ferred to 4th Black. Com. 256- —“ Un
der the general words of this exprefflon
that be not of good fame, it is holder! that;
3 man may bebonrid to his good behd-j
vior, for causes of feaneal, centra honor
mores, as well as coutia ,acem, as for
haunting bawdy houses with wcmeil of
bad fame ; or for keeping fuel! women
in his own hotife ; or for words tending
to scandalize the government ; or in a
buse of the officers of justice, especially
in the execution of their office, &c. and
other perfohs, whose misbehavior may
reafcnably bring them within the gene-1
ral words of the flatute as perfohs" not;
of good fame," He next referred t®|
Hawkin's Fleas of the crown, Ift vol.
page 35f0 where it is affirmed that the
author of an bbfeene book may be bound
Over as a person of bad fame, altKo' be
cannot be punifked by law asa libeller.
A fortiori, he contended, a libeller was
within the words of the Slaiute. He
then quoted the third vol. of Burn's
justice, page 34S arid 349' to ''" fame
effect. And from these authorities he
contended that Mr. Crofwell, Standing
lindited for a libel agair.Sl Thomas Jet
feifon, could legally be compelled to
find surety for the peace and his good
behaviour.
Mr." Williams opened the defence.—
He began by Gating, that the queffion
before the court was of as general con
cern, and of as great importance to the
community, as any qUeftioU ever be-
Saturday Morning, by W ILL 'm & Dan'l. Treadwell.
I'RrcE one dollar and fifty cents per ann. [No. 19
{{(, ADVERTISEMENT'S reasonably and cotspicuodj inserted —Co mm u
negations duly extended to —and every Favor .thankfully acknowl
edged.
Advertiser.
- FEDERAL GOVERNMENT, FOUWfIENtH YEA
®raclt, ante
yfore difcMTcd in this country. In his
^apprehenfion, it was no less than, wheth
: er the press Should remain uaffiackled,
I'or become fabfervient to the whims of
r eve - maghlrate ; whether, in a free
''government bee difeuCren of public
I .men and public measures should longer
be tolerated, or our rights, our laws
i;and constitution, trampled under foot,
:land we deprived of the last miserable
solace of complaining with impunity.
[lt was not simply whether Harry Crof
ilwell should be deprived of the rights of
[a freeman. It was not whether one
-individual should fall a victim to the
-persecutions of revenge. These were,
: indeed, corifiderations of importance ;
- but when compared with those fatal
; and mod extensive mifehiefs, which
.must flow from a wrong decision, these
- corifideratiohs dwindled into nothing—^
: He enjoined it, therefore, upon the jud-
I ges, to rife superior to party prejudices,
• to baniffi from their minds every bais,
1 and to decide this important question
I upon the solid principles of law and rea
>fcn. He said that, for the purposes of
(this difcullion, certain principles were
[admitted, lit, That a libel was not a
^breach of the peace, but only tends to a
^breach of it. za. That the truth of a
lipnblication cannot be given in evidence
fas ajuiuhcaricn of its author. 3d.
f That a recognizance for the keeping of
- the peace and good behaviour, was for
: tilted by ads which merely tend to a
[breach ofthe peace. Mr. Crofwell, he
icontended, had been guilty of no crime.
: He bad not broken the peace - nor, in
r the eye of the court, had he been guil
: ty of any ad which even tended to
, a breach of the peace. He was
i merely indited for a libel, and the judges
I could not confider him as a libeller un
til a jury of his country had pronoun
• ced nis publications libellous. No
I one had sworn the peace against him-
No one had the least pretence for so
doing. He had done nothing, there
• fore, for which, at common la w, he was
" liable to this recognizance. Mr. Wil
liams, therefore, contended, that ex-ofi
ficio, the justices had no power to bind
him over either to keep the peace or to
Ibe of good behaviour. He said that the
Attorney General had placed the ques
tion on its true grounds. For the only
pretence which the justices could have
Ifor the exercise of this power, was found
fin the flatute of the 34 of Edward 111,
incorporated in the reviled code of this
Gate.—-The clause of the statute cited
by the Attorney General, gave the jus
tices power to bind over “such as be not
of good fame," to be of good behavior.
And within the meaning of this clause
he had endeavoured to bring Mr CroG
well. On this ground, Mr Williams
said he wouldmeet him. And he was
the more willing to do this, as he well
,knew, and all the county know, that
-no man, no! not even the public
Iprofecutor himfelf, less merited, those
[opprobrious epithets, than the man he
was then defending. My. Crofwell, he
^ftated, was a young man -industrious
land reputable. He had just commen
ced his part in the drama of life ; arid
flibmittirig his fate to the fiat of an.o
;verruling providence, he had resolved,
that his part should be well afted. He
had chosen the profeffion of a printer g
and, uriawed by the “ powers that be,"
he would perform what he conceived
his duty, though his ruin might be the
consequence. There could not exift'a
doubt, therefore, that as to his habit
of life, and his general conduct Mr.
: Crofwell was as far from being a sub,
rest for the application of this clause of
,tne statute as any man in the commu
;nity.'
/The only question, Mr. William con
tended, was whether the mere indictment
! for a libel on an officer of government
is fufficien; to bring Mr. CrofwcU within
the words of the Ifawte ? To eftabliffi
the affirmative of this question, the At
torney General had resorted to English.
authorities. In answer to those au
thorities, he stated, that there was
not one precisely in point. Those which
beat hardest upon this question, only
[Rate, that such persons as speak words
- tending to scandalize the government, or in
)abufe of the officers of justice, might be
I fubje^s to which the statute will apply.
He contended, that 66 words tending
to scandalize the government," could
inot mean <words representing the parties
lar conduct of a particular officer of govern
:inent If they could, he said that th^
-^vicious conduff even of a Cerift^ble; tttf