United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-03-05 00:00:00, page 1

^wanted,..
ydeliver ed in feurteed days,
30 M. of TV: CL Staves.
30 M. ofiß. O ditto.
Goo W. O. Shooks.
a„ly '° INNSLiA HILL, jr.
Tortfmouth, Feb. 2g___
James Shapley,
No. 4, Pbidfmoritf.-Pier,
Has f or file,fof landedfrom, brig, %fab,
30 hhds. good flavored RUM.
/Ifo on hand
SUGAR per hhd. or bbl.
COFFEE per bag.
SALT per hhd.
P„tfmouth, FQ26.
Samuel Haven, jr.
RESPECTFULLY informs his Friends
and Cuflomers that he has taken a Shop
so the Dwelling House of Madam Shack
ford, in Buck-ftteet, a few doors caftward of
ME A4BNER Bla^del, where he has for 6ate
a general assortment of
GROCERIES,
warranted of the sirs quality;
Portsmouth, Rtb/&&>fc ,
iNisfiCipers & Olives.
S. Larkin,
HAS for fak at his Store in Broad-ftrect, a
few bottles of
Fresh Capers, just received ; and
a few jars Freih Olives—4^o,
a general assortment of
GROCERIE S,
as usual.
FRESH LEMONS.
„ UM pr. hhd. BRANDY.
IC,Holland's GIN.
Sherry,l
~. , Wines.
idonia,
Malaga,
Hyion,, : .
Hvfon £dn, I
Souchong, > TEAS.
Bobea, in half I
& Quaker Chests .
FLOUR pr. bbl. COTTON,
RAISINS, pr.cask FIGS,
India SUGAR. LOAF, do.
Coffee, Florence Oil, Pepper,
Pimento, Elliot's Snuff,
Havanna SEGARS, of the best
quality — Witha general afforfoment es
GROCERIES,
as yfual, on moderate terms."
Pmfmoufk, Fefucry vg, 1803.
Samuel Hill,
IN FOR MS his friends and cus
tomers, that being burnt out of his
ftevetv^he late fire, hf has taken Madam
Wniprlc? flor, the frft to the Ncrth
w^i from where he was burnt .out, and
has forf^e the following GOODS,cheap
for cdh or approved credit; by wholesale
or retail.— f^—
Filhing Gear; 18, 15, 12 &
9 threaded Lines • Mackarel and
Squid Liaes ;' Salmon, Herring,
and Ha^d-liad N.etts,of different
sizes ; Salmon, Seine, Herring,
Mackarel, Hard-head & Sewing
Twine ; Cod Hooks ; large quar
ter, middle and small quarter
Hooks ; Bar Lead ; 15 Bales
Cotton ; 20 tons Russia & Swedes
Iron ; German, Heart and Club,
Halback and HagencleverSteel;
Nails and Brads of all sizes ;
Mill Saws of different fize^ ;
Hyfon,youngHyfon;HvlonSkin,
Souchong and BohezTeas. and.
a general assortment QF
Wefels tOOD3. #
Clover and Herds Grass Seed.,
Left for sale, a number of Win
dow Sallies, 7by 9 and 3by to,
of different sizes. ,
,TC,Cafh and thehigheft price
giv^n for Shipping Fur.
Porfmouth, Feb, 24, 1803.
Wiil'm. & Cha's Neil,
Have for Sale
°Z™!^!CANI^>EFfNDENCEjr^^
Witec ^ ©wit ami
Portsmouth Advertiser.
PORTSMOUTH, N.H. Pririted and Published every | I| Saturday Morning, byWIL L'M&> DA n’ L. Treadwell.
Vol. XIII.] SA I URI)AY, March 5, 1003, PRICE ole DOLLAR and fifty cents per ann. [No.ze
Or ALL THE DI ^POSITIONS AND HABITS WHICH LEAD TO POLITICAL)f ^ADVERTISEMENTS rerafol, attf^mfowi, inserted—COMMU
PROSPERITY, RELIGION & MORALITY are indispensable > , ffi^^ < nicationo dQ attended to—and every T&y6k thankfully acknowl
supports WASHINGTON'S Legacy.) ( edged.
Edward Parry,
Informs bis friends and customers that go
ing to the late conflagration, be has takert
a fore oppofte the State-House, Congress-
Jireet, a few doors from the Bell Tavern,
where he has for fate as uJaal, the following
GOODS,
Wholesale and Retail.
Ills Slock conffts of
iio pieces of Superfine and low
price fashionable Broadcloths, from 6f
to 40/ per yard.
200 ps. Plain and Forest Cloths.
40 ps. Superfine Coatings, Rat
teens and Lambskins.
40 ps. blue, red and green Serges
irnd.Fearnaughts.
35 ps. fashionable Caffimeres,
from 6/° to 2 1/ per yard.
50 ps. fashionable Swansdowns.
150 ps. Baizes and Flannels.
200 pair Rafe Blankets, all sizes.
g,06 ps, Durants, Tammies and
Moreens. '
too ps. Ruffels Old Calimancoes
150 ps. Wildbbres, Cambleto,
and Cambleteens.
40 ps. Shalloons and Aritilodh*. 1
40 ps. blue and black Velvets and
Corduroys. _
50 ps. Florentine and Lastings.
zoo ps. Irish Linens & Sheetings.
1000 grece fafhionable and com- 3
mon Buttons, : -^
io,oco yds. fafhionable Chintzes
and Copperplate Furnitures.-
600 yds. Simitresand Muflinets.
1000 yds, fprigg'd and tambor'd
Muflini from 3/ to 24^ per yard.
1600 yds. cambric, jaconet and
book Muslins, ,
600 yds. Englilh Bed Ticks.-
1200 yds. black Modes & Satins.
260 yds. Pelicee Silk./ • ;
3d doz. men's, -Beaver Hats, cf
thelateft fafhion. : 1 .
20 doz. Ladies' Beaver Hats,
*, E. PARRY earncftly re
quests all those who are indebted to him
to make immediate paymenr, as his loss
has been very great in the late fire, which
make it necessary that his accounts fliould
be all fettled. fan. 21.
James Henderfori,
HAS taken a (hop in the
Dwelling-House of Mr.
rd Billings, Congrefs-ftrect,
where he is opening a general afr
fortment of English and India
GOODS
Cheap for Cash. January 14.
; some of whichare very elegant.
30 doz; fafhiohable Ranalloy
flrawHatts and Bonnets ; Trimmings,
50 doz. camel's hair, silk, muffin,
cambric andfehintz Shawls. ;
too doz. beftJerfey; and ,Wilt-.
shire men's: knit Stockings,
fuperierto any ever imported,
too doz, Ladies' Cotton & Silk
Hose, Gloves and Mitts,: : ri'
2 trunks of faftiionabl© Muffs and
Tippets, fur Shawls & Wadding.
Alarge affirtmenfe of
Ladies' London made Shoes
with water proof soles to fit.
An elegant assortment of ~
English and French .Laces and
Edgings. A large assortment of.
Bed Lapes, Fringes, and Tassels,
English patent white and color'd
2 sewing Cotton Thread,
Water proof Umbrellas, i
.20 Biles.1 5 thread Cod Lines,.
Sewing Twine, Herring Nets,
and patent Shoe Thread;
With a general assortment of ; ;
OtherGOODS, asufual.
Pot and Pearl Ashes, and Flax-
Seed will be received in pay.
[continued.]
MR. VAN NESS began by re
gretting, that on a question of
i'uch acknowledged importance to eve
ry freeman, longer time for preparation
could not be afforded. He felt that in
defending Mr. Crofwell, front the de
mand of the public profecutoi, he was
defending the legitimate right;, the le
gigitimate privileges of every freeman
—-rights and privileges which could be
entombed only in the great tomb of our
republic; He believed, that 'the attempt
of the Attorney. General wa| a dired
attack upon the: molt important princi
ples of a republican government ; and
if he ffiould succeed, no man could
hereafter know when he was secure
from the vengeance of power. He felt
it, therefore, a sacred duty to raise his
voice agdind this unhallowed attempt,
and to exert all his powers, us concert
With his friend, to snatch Mr. Crofwell
from the clutches of th&profecctor.
He said, the gentleman 'who had
preceded him, had taken fa wide a
scope—so thoroughly investigated the
autliotities adduced, mid so conclusive
ly proved the illegality of the motion,
that little remained for him to observe
upon the law. His observations would
be principally ' directed to the confe
^uences which would fefult from a re
nridion of the press, such as was now
demanded.
The present case, 'he said, exhibited
a curious fpe&acle. It was within the
recollection of every map, what clam
ours, what tumults Were raised b'y a
Certain party when -a law was parted,
forbidding any man to publish falf
hoods respecting government. By
that fixture, the truth might be given
in evidence. But fcartely has that
law expired——Scarcely have these
clamors ceased to echo through the
continent, when that very party com
mence prosecutions upon the principle
That the truth itfelf is alibel, and mull
not be told of those sacred characters
whom tb^y have exalted to power—
These circumstances/ furnifhei! topics
for reflection which he would not im :
dulge. ,He ~ wished that the prefect
queflion might be abftraded from par
ty. ; And he hoped that the short-lived
pleafur^ of triumphing over his oppo
nents, would not hrge the public prose
cutor to persevere against conviction
and confeience. For, said Mr. Van
Nefs, transitory indeed would be those
laurels which he may reap around the
ruins of the freedom of the press.
Mr. Van Ness then, in glowing
colours, painted the blcffings resulting
to the community from a free press.
Look round the world, laid he; and in
every country where the press -is Tree,
the arts and feienecs RourifL From
this fountain, have flown all the im
provements in modern times, in gene
ral intelligence, in the science of politi
cal government, in all the conveniences
and luxuries of life. In a word; in ev
ery country where it has been protect
ed and cherished, its blessings were far
beyond the reach even of the press to
describe. It was, he said, and so ex
perience had demonstrated, the unbend
ing protection of the rights of man,arid
an unconquerable bulwark against op
pression. He enjoined it upon the judges
as they valued the noble principles of
freedom, and if they wished to leave 6
their children in the full enjoyment ,of
its blessings, to avert the blow aimed
at the very vitals of our republic. /'
.Mr. Van • .Nes^ proceeded,^ with
gfeat,ability, to prove that the prefent^
measure, if executed, would rteftrain'
the true liberty of the press. . He qnot->
ed Blackstone's definition of the liberty
of the press. —"The liberty of the press
is indeed essential to the nature of a free
iftate. But this consists in laying no
previous refiraint upon publications and
From the Balance.
" Nobbing extenuate,rtor set down aught m malice,
» ACCURATE STATEMENTSFACTS
CONCERNING
Mr. AtYornry-Genbral SPENCER's
LATE ATTACK,
ON TEE
Liberty ofthe Preis,
IN THIS COUNTRY
Written by a gentleman who was at court
during the whole tranfaßion,, and who
pledges bimfefthat the detail is fubtau
tiafy correß.
—o—
He then read the following sentence
frem thl speech of Mr. Fox, on the
law of libels :—" In the present en
lightened age, Mr. Fox said, that he had
no reason to fear that previous reffraints
would be attempted to be imposed on
the press.—The good sense of the times
would not brook an imprimatur, or pre
vious furetiei of aty? kitd for good be
haviour. And it vriis not in such way
that- he dieaded any danger to the
ptefs." In express words/t is here
called a previous reftramj, in th; form
of " previous fareties of any kind for
good behaviour?'
Cauthere be adoubt, then, that this
measure would operate as a previous
restraint? And if so, according to the
definition of Blackstone, and the opin
ion of all approved writers, it is an ille
gal violation of that sacred guardian
of our, ights; the liberty-of the press.-
-Besides, said he; th? citizen is rob
bed of the right of trial by jury.* Their
province is usurped by every justice ;
by magiftiates always fubje& to the
power of those who created them ; and
they affume.the right th decide wheth
er publications are4ibeftous or not.
The eburt would befitate long before
it'took a step pregnant with such aw
ful confluence,' For; laid Mr. Van
Nefs, hiftory tenches; and our experi
ence confirms the'fae, that in free gov
ernment,, parties will fucceffvely rife
to dbtfer; arid link into weakness. This
is the tieriten track of all republics. To
day a party rises to the. zenith of pow
er. But a few years rbll away when
another rises on the ruins of its pre
decetfor ; and from the allies of both'
a third may spring up, and affujoe
all the political power and confeqtierice
iri the community.' These focceffive
parties will ever find men calculated to
become their minions.' These men
they may alternatelyfexalt into magifi
trates., And if the present doarineis
established, each party in its tuffi, giro'
these magistrates, will have the com
pleat controul of every press in the
country. And In their hands, the fre^
dom of the press and of public difetif
fion; will become a spirit halintin^
those places where it once had flonrifh
ed. The politicians, the magistrates,
will have nothing t@ check their mist
condua. The peopte to whom the,
- aro responsible, and from whom they
derive all their power, must remain
ignorant' of every thing. The ambi
tious and the immoral; may triumph
iff their crimes, -without fear of detec
tion. This country will fall from i<fr
happy state of freedom, and the people
become the vi&ims of tyranny, until
roofed by accumulated oppression they'
will burst the fetters which reftrant
fhary procedure ? Does he contend
that Air: Crofwell fs a person of bad
fame ? He' dare riot contend it. For
every aft of his life is a living monu
ment of the reverie. —No l he goes
upon the ground that Mr. Crofwell is
a libeller. And by what right does lie
pronounce him a libeller ? Ha 2 he
been convicted by a jury ? Have his +
peers pronounced his publications li
bellous ? Let him Wait the iffae of the
trial ; let him retrain his eagerness to
fetter the press until a jury (hall judge
Mr. Crofwell guilty ; then, indeed,
with some plausibility, may be come
forward with the piefent motion.
What is the effect of this motion ? The
court is aiked to lay Harry Crofwell
under bonds of 8000 dollars, to keep
the peace and be of good behaviour.
The flighfett misbehaviour forfeits the
bonds ; and thus, without convidion,
without even a trial by his peers, for
the smalled pofilble offence, Mr. Crof
well may be plunged in poverty, and
his family reduced to beggary & want.
His ruin might,)e the consequence of
an ad Scarcely criminal, and for which
altho' convicted by a jury, he would
scarcely be cenfurtd. This, Mr. Van
Nefs contended, was monstrous doc
trine; and he wondered it did not blis
ter the lips of any min who dared to
urge it.
not in freedom from cenfare for crimi
nal matters when published." And
with great fierce and elearnefs, he de
monlirated, that in every point of view,
this recognizance would operate as a
previous restraint. :
What, laid he, is the due couife pre-
Icribed by law for the punilhment of a
libel ? Indictment and conviction by a
jury. Upon what ground does the
public prosecutor demand a more fnm-
<r. Van Nels then read the follow
ing remai ks from Burn's Justice, vol
4th, p. zi, "Upon the whole, the
magistrate in this article of good be
haviour, cannot exercise too much cau
ti< n and good advisement." " Altha*
the justice of & peace may have a diC
cretionary power yet it is a legal dis,
cretion in which infavour of liberty great
tendernef h ifal.”—“ That in matters
which the law hath left indefinite it is
better to fall fart of than exceed bis au
thority." '
It is here obvious, said Mr. Van Nest,
with what caution the English Magis
trates approach the liberties of the fub
je^t. And in a republic, shall the courts
of justice negle^ those rules of caution,
which, in the English Monarchy, arc
held sacred ; and, for the purpose of
imposing fetters on the press, shall the,
resort to more rigid conftru&ions?'
He then read the third feftion of tfe
hates corpus ad, which gives to an,
one imprisoned for any misdemeanor,
(other than treason and felony) the
writ of habzs corpus, by which he ma,
come before, a judge of the fupremg
court, and be recognized for his ap
pearance at the proper court, and at
the proper time ; and upon such.
recognizance the judge is bound to
liberate him. Here, then, said Mr-
Van Nefs, is our final security. What
ever may be Mr. CrofwelYs fate before
this court, &here is an appeal tori high
er tribunal.—The writ of hates cor
pus is secured, and knowing that no
court, no prosecutor, can deprive Mr;
Crofwell of this right, he felt perfe&ly
Tectite. This writ is that holy palla
dium of human rights, which, in the
worst times which England ever knew
had always secured to the fubjed those
privileges which the laws had guaran
teed. And in this country it will bear
the citizen; it will bear Mr. Crofwell
to a tribunal where party spirit is a
Granger— where the influence '#'np'
man call pel vert the streams ofjuftice,
and where, happily for our country,th©
law and the constitution are paramount:
to every power. Mr. Van Nefs said,
that by whatever he had said he meant
nb ^ifrefpe^ to the court he was then
addressing. He had spoke of the ten
dencies of the prefent.motion; arid he
had fpoKen his solemn corivisions frofa
the frucci ity of his heart. And he hoped
and trusted, that the justices would
weigh well the question the, were &
bout to decide, and that in their deci
sion they would be guided by found
diferetion and solid principles. Fin the
fill belief that this would be therealty
he delivered his client into th&r hands'
He^dld this ,4 the fulled confidences
that by their decision; thty wcul^ ,con
vince the wbrk|, that courts of justice
Would not function the attempts of an,
man to fetter the press—to destroy the
rights of a free citizen, and pervert the
law to an engine of party persecution.
Mr. Van Nefs here closed a very im
pressive and forcible argument, and
was followed by Mr. Spencer upon tag
other fide of the queftiori." '^
(Mr. Spencer's arguments th^deot4
fionof the courts &c. "are unavo&bl*
postponed unlit riedt week.] '
their rights and seek " through blood
and Daughter their long-loft liberties."
These are net the idle fantafes of
imagination. The tendency of the
present measure, is direct to the intro
du&ion cf scenes such as I have de
fer.bed. The freedom of difeuffion
now checks, ih its rife, every vicious
measure of government. Place the press
in the hands of every magistrate and
this check is gone forever;—The peo
ple, deprived of true information, can
4° longer judge corte&ly of the con
duct oftheir rulers ; nor can they re
form abrifes,until, mad with oppression,
th^y rife in their might and spurn into
intignificarice their proud oppressors.—-
He called op the court to weigh well
the Rep they were about to take—to
reflect on the fatal corffequences, before
they finally parted the Rubicon.
Mr. Van Nefs then, with great force
of argument, answered the authorities
adduced by tfe Attorney General, and
took a view of those produced by Mr.
Williams; ar.d clearly proved, that
the attempt was illegal, driprecedented,
and directly agafrift the policy of our
government . But, as his arguments
upon this part of the fubjeCt, wer®
lomewhat fimular to those before ad
vanced by Mr. Williams, it is thought
unnecefiry to repeat them.