Republican gazette — Concord, N.H., 1801-11-12 00:00:00, page 4

CT The Affair of DUANE. /
From the Independent Chronicle.
THE Palladium, the Gazette of the U. Statu,
and the Worthington Fedralif appear to play a
game at political flrattlecock, with an address
and effrontery surpassing even that of the Cm#
ttal, and its guardian friend, Potpine. A fa
brication appears in one and is copied into the
others with avidity, and sometimes with com
ments, which are again copied into the others
as new articles. The Palladio.of Tuefday,
6th inst. contains an essay over the signature
of '' Juris Confubns," in which, beside a great
quantity of vulgar fallhood, dwells particularly
on the lie placed at the head of the article, viz.
“ The Releajc of Duct?' Had the release of
Duane been a fad, we should have endeavored
to (hew reasons which in our judgments would
prove at least the propriety of such a step, as a
preliminary to the total oblivion of party agita
tions. But the fa& is otherwise—it is not true
that Duane has been released by President Jef
ferfon frotn a prosecution, and the author of
Juris Confultus, who we suppose has written
on the foot at Philadelphia, ought and might
have informed himfelf correaly on the business.
The plain matter of fa& is this— The Presi
dent held the sedition law as unconstitutional,
and as soon as the business of the Judiciary
branch came under his cognizance, directed
that all faits instituted under that unconstitu
tional law should be diJcontinued ; but without
prejudice to the suits severally being piofecuted,
where there was evidence, in the ordinary man
ner existing before the paffiog that law. In
this way the suit against Duane came to be so
far annulled—not by the partiality of the Pre
fideat, not by any daring stretch of unauthor
ifed power, tho' the power in question certainly
existed in him constitutionally ; but upon a
general principle of exprefling the sense of the
Executive upon the merits of a ^w, which the
voice of the country as,mtfteae letter and
spirit of the Constitution have condemned.
But even here the matttrdoes not flop. The
ex President it is well knaw&terafedtfhe fqfe
authority, and what is more pertinent to the
occasion, he direded a prosecution against the
fame person (Duane) to be annulled, even 'alite
ter it had gone to a grand jury. Surely what
was legal for Mr. Adams to do and undo, could
not be illegal for Mr. Jefferfon. $
Again—mark the difference of condud. and
mark the prudence and difiotereftednefs of Mr.
Jtfferfon.
There accompanied the circular
letter to the Pennfylv^nia Diftrid At
torney a direction, that should any of
the trials which fell under the uncon
' ftitutional law be such as the Attorney
for the time being (when the prosecu
tions were commenced}, should think
proper to carry on, that their falling
under this illegal law should not bar
their prosecution in the ordinary con
stitutional form—and accordingly Ja
red Ingerfol, who was the attorney at
the time, being informed of the senti
ments of the Executive, did institute
the suit anew, and it was made use of
last week a pretext upon which to es
tablish the unconstitutional claim of
the Federal Courts to a Common Law
forifdiaion!,,
Mr. Duane has, by his activity, ex
cited the hatred of one party and the
esteem of the other throughout the con
tinent. Every man, of every party,
must fee this, and no man mistake the
motives of the virulence of Juris Con
' fultus, any more than the scurrility of
the Palladium, in the nature of the at
tacks upon him. It is to his services,
as an Editor, we must trace the causes
of the obloquy, it is to the fame source
we must go to account Tor the malevo
lence and violence displayed against
that man. It would be of very little
importance, whether Duane was an I
\rifhman, or an American born. In
point of policy, if he were a foreigner,
any man who feels a love for the AS
merican Government and Independ
ence, would be glad to find a foreign.
er, with so much zeal and resolution, 1
combatting the in ^rfeiance of foreign
and domestic enemies, with the rights
of the American people. But though
it was afempted to bring evidence to
pcoye him a foreigner, we recoiled
well th^gudge Tilghman's decision
on his caft^llowed him to be an Ame
rican born, but being born before the
revolution, and going out of the coun
try an infant, he was not entitled to
citizenship.
As to the asperity that Duane has ed
ited a paper notorious for obfeenity, ca
lumny and corruption, it is very well
known that no paper in America has
reprobated obfeenity more than the
Aurora, and no evidence can be pro
duced of its having ever been guilty
of any ; on the contrary, it has attacked
the vices and debaucheries of a corrupt
age, and endeavored to stem the tor
rent of British manners and degene
racy.
'The writings of J»ris Confultus car
ry their own antidote with them. His
main point, the " release of Duane," is
falfe, ?nd the rest of the writings are
worthy only of a mind regardless of
personal charader, of decency, and of
truth. They are the production, it is
said, of a filly young man at Philadel
phia; "but a fit associate for the writers
of thi Palladium."
b
[, (Os ah<ve projection, infltad of Wag an
nulled^ the President, as dated b, Juris Conjul
to in all the tor, papers, was revived b, bis per
stiffen rude,, legal law, and vasfeall, nol
le profrqufed 6, a Federal Grand for,, ^bo re
ffirned & bill of judgment ignoramus : —That is,
that to them there a,geared BQ cause for profecu
tibn——Shall the Prefidmt be cenfared for thi de
cisions of the Federal Courts and Grand Juries ?]
—
Hollingsworth vs. Duane.
Oa. 17. Wednefdey last came on in the dif
trid court of the U. S. the cause of Leri Hol,
lingfworth vs. Wm. Duane, for a libel. [The
charge of a libel was founded on this circum
stance: In a statement of fads published in the
Aurora of the gth of January, the name of Lt
vi Hollinfworth was inferred, by mistake, in
stead of that of Jebu. This error was corre&-
ed in the Aurora of the next da,, yet the Editor
was adjudged guilt) of a libel, and fined 600
dollars !} Trenton True American.
[The jury returned to the court the firft time
o' going out, that they bad net been able to agree
onaverdia! The court remanded them—they
returned next day at t 1, with a verdict of 600
dollars damages, and costs of suit ! O tempore.]
To the PUBLIC.
O The Property lately advertised by
the fubferiber to be fold at Vendue, is since dis
posed of at private file—and the vendue will
not, therefore, be held.
GLINES.
Loudon, November 5, 1801.
For 6 MONTHS, or a YEAR.
Wanted to Hire—AYou ng Man, who
is sate, and willing to work. The work will
be considerably in doors. Generous Wages
given. Enqure attkis Office. Nov. 5.
TIMOTHY DIX, jun.
T)Eeply regrets having several times
deceiv'd his delinquent debtors, by threa
tening to profecete his demands against them,
and then negleaing it—He promises, not to be
again guilty of the like offence, and begs them
to be assured, that all his demands that have
been payable more than three months, A some
of a shorter date, will be put in fait, unless paid
immediately. Almost any of the produds of
this plenteous year, will be received in pay
meet, if offered soon.
Bofcawen, 14th Odober, 1801. 39
Warted —6 apprentices at Printing.
Apply to the Printer of this Gazette, <r
BLANKS for sale at this Office.
Writing Paper for Sale alfofor RAGS.
JUST RECEIVED,
AMD FOR SALE BY thb SUBSCRIBER,
“ WHEATON'S NEW DISCOVERED V
"PATENT ITCH OINTMENT,"
put up i&tight tin boxes. The cure of the
itch by brimstone is offenfive— by mercury, is
dangerous to the health=This Ointment is the
only remedy for that raoft disagreeable disorder
that has yet been difeovered, without having
in it either briraftone or mercury, and is a
fife and efficacious cure, without being danger
rose or offenfive. Price of a box, with print-'
ed.di?e&ions, jf.
Abb, Wheaton's Patent Jaundice Bitters, which
have proved of such general utility.
Also, a general assortment of Engliflft
and Weft India GOODS.
OBADIAH CARIGAIN.
Concord, oa. zz, 1801. 3$
An Excellent Good Stand,
For a Shoemaker, Joiner, or Blackfmiih, for
fate, on terms the purchaser shall own reafens # „
ble— which yields so barrels of cyder annually
—& is situated near the centre of a rich town,
where full employ and good pay may be Sad at
either of the above businesses. Call and fee.
For further particulars, enquire of the Print
er of this Gazette. oa. az.•
giAdfocket Book, found;
Containing several Deeds, and other papers,
&W" m 'y " ear w ^re it i„ by applying
to the Printer of thia Gazette.;
STEER strayed away.
T)Ro^e out of a pasture on the Earc
D fideof Merrimac River, near to Concord
bridge, a STEER, 3 years old, of a dark chef
nut colour ; girth five feet 10 inches ; foall
horns and not very crooked, and tail very long.
Whoever will deliver said Steer tojbe fubferib
er, shall receive a reward of Two Pollard
SAMUEL BUTTERS, Jr.
Concord, Oaober 14, 1801. 38
LETTERS in the Post-Office,
Concord, Sept. 30th— which will be fentto the
General Poft-Office as dead letters, if not ta
ke: away before the last of Dec. next.
Siraeon Cate, Sanbornton. f
John Hayes, Wm. Hayes, do. ^Q
Jonathan Wheelock, Concord,
Wm. Bell, Nathaniel Benton, do;
Timothy Barnes, Concord.
Henry Wadley, Sutton.
Asa Whitcher, Newtown,
Ephraim Kimpton, Croydon.
Simon Merrill, Stephen Perkins, Lcudon.
Abraham Bachelder, do.
Nathaniel Bachelder, Chichefter.
Elizabeth Biglow, Canterbury.
John Robertfoo, Bow.
Michael Sargeant, Bofcawen.
Noah Morrill, Levy Blodget, do.
John Dodge, New Bradford.
,Joseph Noyes, Dunbarton. ,
Samuel Kimball, Henniker.
CHARLES WALKER, P. M.
Letters received since Ofiober ift.
Do&. Aaron Pot ter, Bedford.
Michael Sargent, Bofcawen.
Robert Wallace, jun. Newlondon, : :
Thomas Moore, Newbutton, 2, : :
David Allen, Stephen Bean, Stephen Sibley,
Capt. Benning Smart, Hopkinton. Q
James Robertson, Samuel Walker, B&w.
Hannah Woodbury, Jobofon Gove, Weare.
Amos Farrington, Thomas Brown, Henniker.
Robert M'Gregore, George Little, Gefflown*^
Robert Wallace, N. London Thomas AdzQ
Pembroke. Asa Goodwin, Concord. Elizabeth £
Biglow, Canter bur,. Ephraim Gile, Wendell.
Enoch Wood, Capt. Simon Merrill, Dr. Ben
jamin Kelly, London. Dr. Aaron Porter, Bed
ford. Michael Sargent, Bofcawen, 2. William
Cambell, 2, Jefle Cristy, 2,Thomas Moore, 2,
Samuel Stickney, New Bejion.
fri3ft^^^^ 38C^I^ ^^^^^^^#^^^^
©eekip Almanack,
^jgQ^fyflnQgflßQQ Bfflillifolfotetotomfe,NNniiiEi.fa tmtotet
Nov. fr. &f. [days 1 |QI. f.| M's place.
Thurs. hz 7 85 944 n 8 legs
Friday 13 795 942 more, legsj&i
Satur. 14 710 5 940 024 feet
Sund. 15 7ir 5 938 1 34 feet
Mond. 16 7 12 5 936 249 head'
Tuefd. 17 713 § 934 4lt head
Wedn. 18 7 145 932 5 11' neck
First quarter 12 h day, bill. 29m, even.