Oracle post — Portsmouth, N.H., 1805-02-19 00:00:00, page 1

It was true, he laid, there were two other modes
of remedy usually resorted to, for the punifbment
and prevention of false and scandalous publications;
one by indiament ; the other by an action of dam
age for slander —But gentlemen, he said, would re
colle&, that tbefe modes of remedy had been tried,
and he was sorry to fay, had been found ineffectual.
The mode pointed out in the Resolve on the table,
was different from these two; and such an one as
he had hopes would be efficacious.—lt was (imply
to withdraw the patronage of the Houle from Prin
ters who had been guilty of publishing a libel so ob
scene, indecent and falfe, as that just read from the
chair. To /hew that the publication was libellous
and the punishment of the Printers therefor, was
no restraint on the liberty or the press, he begged the
further permission of the House to read from the
books some obfervapons on the fubjed.
[o° Here Mr. A read a number of paface from Ba %
tone abridgement ; feme of wbfcb be dwelt on with much empba
41]
Mr. A. Smith, (of Boston) called Mr. A. to or
der ;—he observed, that the introdudion of Black
stone and other authorities might be proper in a
Judicial Court, where the laus were in execution :
But they we e not applicable in a Ltgiflative Court
pact for the enadion of laws. He wished for the
Opinion of the chair.
(0"' Speaker said, it'was not flrial, parliamentary for
gentlemen to read from take ; but a, it bad before been permit
ted gentlemen to avail tbemfelvee of tbefentimente of eminent men,
op part of tbeir fpeeobee the gentlemen mould be indulged. Mr,
Alien then completed the reading of bit authorities.]
Having thus defined the nature of libellous pub
lications, he would, he laid, inquire, whether they
had a right to punilh their fervaots for publishing
scandalous and libellous pieces; and whether
fairs. Young and Mians, as the Printers of the
is published every Saturday morning for the town
and vicinity, and
THE ORACLE POST
every Tuesday morning for the Country by
William and Daniel Treadwell,
at their Book and Stationary shop, opposite the
Court House, Portsmouth, Ne^harnfthrc. -
Terms 150 cents per annum, 50 cents paid in ad
vance—Puctually forwarded to all parts of this
State, and the District of Maine.
Legislature of Massachusetts
Q foe ;
HOUSE GF REPRESENTATIVES.
Thursday. January 31, 1305.
DEBATE
On Mr, Allen's Resolution for dismissing the
Printers of the Palladium.
MR. Allen, [of Pittsfield] called up the or
der of the day, on the following resolution,
laid oy him on the table, on Friday lafl. viz.
" RefolveJ, that the Printers of the New England Pal
ladium, having since the commencement of the prefect ses
sion of this General C^irt, published m their paper of Jan
uary 18, 1805, an indent and libellous publication against
the personal character of the President of the United
States, under the title of the "Monarchy of Federalifm/' be
no farther employed as the Printers of this General
Court."
Mr. Foxcraft, [of New Gloucefter] conceived
that the refolution,did not embrace, in the wording
of the points of the publication complained
of, which, if it meant the President of the United
States, equally censured his political as his personal
character; he therefore, moved^ that the words
''& political" be inferred immediately after the word
" personal ,—which, after a (hurt conversation,
was negatived.
Mr. Allen then laid on the table, the Palladium
of /the 18th January, and requested, that the publi
cation of which he,complained, might be read from
the Chair.
[g, The Speaker read the publication which, has been
already published in the Oracle, we shall not repeat here.]
Mr. ALLEN then Itated, that the objedof His
motion was the dismissal of the Printers of the Pal
ladium, from the employ of the Houle, for having
published the scandalous and libellous article just
read. He had no design to infringe the freedom of
the press. That freedom was guaranteed by the
Conftitulion.
Vol. XVI.]
[Here Mr. A. read the 16fb article of tbe^ill of Right,,
viz. ' the Libert, of tbeprefo is fotial to tbe fecurit, of free
done in aft te -It ought not therefore to be refrained in this
Commonwealth."]
No perlon, he continued, could be a stronger
advocate for the freedom of the press than he was';
and if he had thought the resolution on the table
would have had the fmafteft tendency to restrain
that freedom, he never would have, moved it. But
there waa, he said a wide difference between the
Liberty and Licentiousness of the press.—To check
tbe one was as much a duty as to fapport the other,
to shew what were the opinions of eminent men
on tbe fubje&, he would he faid,with the leave of the
House, read what the great Blackstone lays, in
his Commentaries.
[Mr. A here read,from tbe work be mentioned, a number
cfpafcget,fueb as are ufualty adduced in Courts of justice in cases
vs libel.}
Such, said Mr. A. was the defination of the
freedom ofthe press, by this celebrated Jurispru
dent. —A perlon may print, as he may Ipeak, what
he pleases; but he must be answerable fur the con
sequence, if he prints or (peaks to :he;wrong of a
nother : And it was, he said, a melancholly truth,
that within the last few years, the licentioufnels of
the press had been carried to a pitch hitherto un
known. —There was no charaaer however eleva
ted ;no reputation,however supported by severe vir
tue, and continued public services, against which
the poisonous arrows of detraction had not been
hurled. If this wasa growing evil, could there be
a gentleman in that Houle, he aiked, whocould re
fufe his aid in the application of some remedy ?—
This remedy be was endeavouring to prescribe in
the motion before the House.
THE PORTSMOUTH ORACLE,
OF ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALITY ARE [NDI PEN,ABLE SUPPORT'.—WASH INGTON.
%A€LE POST
It was nut, Mr. A. laid, necessary to read further
to convince every gentleman, who was the object
of this libellous publication. It was not necessary
he said that a man's name at length, should be in
serted in a publication, to constitute it a libel upon
him ; —lt was fufficient if the allusion to his charac
ter were such as could not be mistaken by the people
at large to render it a libel, and the authors of it li
able to punishment.—At leaf, he said, this was
all that was required in a Court of Justice. With
regard to the publication in question, the dhjift
of it c< uld not be mifunderflood. —There are
pointed allusions in it, to Mr. Jefferfon, „as
Governor of Virginia, to sentences made use of
by him, in his official communications,& in a book
published by him. Such allusions, he said,
were indecent and libellous ; & ought to ex
cite the indignation of the House. He inquir
ed, whether any gentleman of that boule, in
dependent of his duty as a member, ^puld patiently
hear any friend of bis calumniated fn the manner
the First Magistrate of the Union was calumniated
in this piece ? He trusted there was not. He alk
ed whether any gentleman, who had a family, and
whose females, or daughters, were in the habit.of
reading the public papers, would permit a paper
containing such matter to come into his hmWe ; o#
whether he would not difeountenance such publi
cations, by withholding his patronage from the pa
per ?—He trailed there would but few gentlemen
be found to defend, or encourage a paper, in which
so much of the vilest and most detestable abuse is
to be found, as in that on the Speaker's table. It
was true, Mr. A. observed, that this paper was
not singly culpable ; —the public papers, fora num
ber of years, bad, he said abounded with similar
produaions. But this he contended, was no excuse
for the Printers in question.-.-They flood particu
larly related to the House ;---its reputation was re
volved in their coudua; and it was their duty to
fee that their servants did nothing with impunity
which would reflea disgrace on the house.
Every citizen, Mr. A. laid, had a twofold obli.
gation to difeharge ; and has twofold rights to pro
tea. He owes to the government of the United
States his allegiance; as well as the government of
this State ; and he ought to be ready to defend the
rights of the one as the other. As Legislators there
fore, as well as citizens, they were bound to fee, hat
the general government, under which they lived,
(liquid not be brought into contempt by libellous
publications, without some effort to punish the au
thors ofthem. He again asked, would honorable
gentlemen patiently bear, to hearthc good fame of
a Member of that house traduced ; or the reputa
tion of the Chief Magistrate of the State, (ported
with ? He hoped they would not ; and that they
would difeover equal readinefe to guard the reputa
tion of the President of the United States and to dif
eountenance his calumniators. If these printers at
a time whenthe sentiments of the people of Maffay
chufetts had been ascertained [by the mode pre
scribed by the Legislature ; and the result found to
be an unanimous approbation of the condua of the
Chief Magistrate of the Union, by the vote of re
eleaion : If at this rimethefe servants of that House
came forward with the indecent charges now on the
table ; are trey not doubly culpable ;& will it not
be asked,refleft disgrace on thisHoufe,as Reprefenia
\tives of the People, if they permit them any longer to
eat t the bread of the public. He contended, that
the house had the fame power to dismiss their Prin
ters, as they had to dismiss their door keeper. If
the door-keeper foould come into the house, and
be guilty of, indecent or unbecoming condua,would
not the house have the power to dismiss him? Cer
tainly they would ; just such power, he contended
they had to dismiss their printers for fending into
the House indecent papers.
But it may said Mr. A. be said, the House have
contrasted with their printers for a fpecific time,
and that therefore we'canoot dismiss them without
a breach of centrad. He believed, this was not
the faa. By a resolution of the two houfrs, the
Clerks were' empowered to contraa with Messrs.
Y. and M. to print from July to July; but no part
ticular price was flipulated for the work. But a
contrad to be binding must be mutual. Suppose
they foould refufe to print for the house, have we
thg power to compel them ? Or mould they exe
cute their work with bad types on bad paper,,and
the printing be not legible, could we not dilmifi
them from our lervice, and employ others? He
House, were not its servants, andconfequently liable
to puniflimenr.—They lav, he added in the front
of their paper, they are " Printers to the S:ate."—lf
thev are, they are our servants.
[g, Tbe Speaker here informed Mr. A. that all the Prin
ters of nervfpapers in the State had a right to take that title if
they ,leafed, ar by a resolve they were all allowed a certain sum
if they published the laws, IS'c. as they pajfcd]
This information, observed Mr. A. did not affect
his argument. They were the servants of the
House : —And these men, he said, had published an
indecent and libellous communication against the
personal character of the President of the United
States ; —a few extracts from which he aiked leave
to read; that the House might be convinced, that
their obj ft could not be mistaken :
Mr. Allen then read the following :
" If Mr. Adams had been Governor of Virginia, and
when his Scare was invaded, had like a dastard quitted his
Nation, and hid hit head in a cave, he would have been no
aronarebifl, but a good republican.
If Mr. Adams had borrowed of a friend a sum of pa
per-money when it was nearly at par, and afterwards paid
his friend the fame nominal sum, when it had depreciated
more than fifty per -cent, he would have been a clever,
honeftman, no monarchal, but a good republican.
n ff Mr.,Antaeus had written a book, in which he feem
cd to fay it was no matter whether there were twenty
Gods or one—and if he had invited the vilest blafphomer
and infidel, that eVrr disgraced the world, to came to this
country, in a national ship, he would have been no monar
chy;, but a good ebrfiun, and a fine Jefferfonian republican.
" If Mr, Adams had assailed the domestic happiness of
Mr Walker, and after a failure in so honorable an attempt
had taken to his boffom a fable damsel, who ferreted more
by the glands than by the kidney, he would have been no tao
narcbf, bat a good republican:'
TUESDAY, FEBRUARY 19, 2805.
really thought they could. Why then, said Mr. A.
t+nnot we allo dismiss them, when they give cur
rency, in our name as it were, to scandalous and li
bellous publications ? If we do not shew fomemarks
of our disapprobation of such publications, by our
servants, we give a fanaion to them.
Mr. A. begged to be explicitly understood, that
he did nor Hand forward the vindicator of the rep
utation of Thomasjpf rfon.---No, that he faid,mull
Hand or fall on its ,vn merits.- -That reputation
had been violently affriled, by numerous writersin
the federal pipers ;---hy" Burleighs" by " Hume,"
and others, infinitely more able than the writer in
question; and we had seen all their poisonous
arrows fall pointless at, his feet. He was rechofen
by the al<» >ft uninimdus fuffrages of his fellow-cit
izena; and he thanked" God that his reputation
c,uld not be injured by any decision which could 4
be made in that House; Nevertheless it was a duty
which the. House owed to itfelf to fay, that those
who had thus wantonly /ported with decency,
mould not eat the bread of the public.-— Thish
'"& could be done without any restraint on the
liberty of the Press; - to which he again profeffei
himfelf a warm advocate.
Mr. Hulbert (of Sheffield) said, the gentleman
from Pittsfield began his address to the house on
the fubjeft of the motion now under consideration
by reading from our Bill of rights a declaration that
" the liberty of the press is tA-ntial to the security
of freedom, and ought not to be reftriined in this
Commonwealth." And he was pleated to elofe
his obfelvatioos by expressing his tender regard for
this high conftitutionaj privilege, anl protesting a
gainst atoy intention to violate or infringe, he fame.
How well these declarations, he said, comported
with th) refohitinn which that gentleman had laid
Upon trie table would tie thought,be readily decided.
Th) mover of this refolutior., said M. H. has
been kind enough to inform us that the charges in
finuafed in the publication complained of are ai
med at M; Jefferfon. He declares that those char
ges are indecent and libellous, and demands that
the publifliers of the fame be no longer employed
as rhe printers of this General Court, it was
therefore, said Mt. Hulbert, the duty of this house
to give the fubjeft a full and fer ^us difeuffion.
It was, he contended, a fubjeA interesting to the
Printers, who were implicated ; it ought to be
highly incerffling to M<. Jefferfon; and it certainly
would be so to the people of rhe United Spates.
Since t^s resolution, continued Mr. H. was
firft read from the chair, he had carefully perused
the publication in the New-Englapd Palladium,
under the/title of “ the Monarchy of Federalism."
It was admitted that the charges contained in that
publication were meant to be applied to Mr. Jeffer
fon—Thofe charges he hid examined ; and he beg
ged leave to declare, and did most Solemnly and
Sincerely declare—that he believed that for the grea
ter part, if not the whole of those charges were
substantially true and capable of undeniable proof.
He said he would notdeny that he was happy in
the opportunity of making that dec! ^ration—he
would be willing to have it written in stars, and
tlja: he might never look up with mt beholding it.
What, he padded, is the publication complained
of?
It is asserted, said Mr. Hulbert, that M^. J ffer
fon, when Governor of Virginia, and when his
State was invaded, like a dastard, quitted his station
and hid his head in a cave. This, he said, may
not be lieterally true ; but he was convince I hat
it was true in substance. Mr. Simms, and Mr.
Powell two very respectable citizens of Virginia,
he said, had in public addresses, proclaimed to the
world tbe dfyraceful fad. They had declared that
when Colonel Tarlton with the Briiifti light-horse
entered Virginia, and parfued the assembly to
Charlottesville. Mr. Jefferfon, who was then Gov.
etnor of Virginia, instead of attempting to defend
the Commonwealth, fnddenly and unexpectedly re
signed his office ; fled for fafety, and left the Com
monwealth at that hour of confufion and distress
to elea another Governor.—He was told that Col.
Tarlton, on his return to England fueeriogly pub
lished the fame fad. And he had been informed,
but he would not vouch forthe correCtnefs of the
information, that Mr. Nicholas, a distinguished
citizen of Virginia, one, moved in the Legislative
Aff<mb!y of that State an impeachment against Mr.
Jefferfon, for the fame pusillanimous conduct He
was certain, be continued, that this accusation -
gainft Mr. Jefferfon had been published by men
highly refpe&ed for their talents and virtue ;—who
resided in Virginia at the time the tranfadion is said
to have taken place, and must have had means of
correa information. He presumed they published
the truth. Let it be remembered, he said, that at
the time Mr. Jefferfon abandoned his post upon
the Invasion es bis state, he was Governor of Vir
ginia, and of coprfe commander in Chief of
the Militia of that Commonwealth. Let us not,
he continued forget that Mr. Jefferfon is now
President of the United States, commander in chief
of odr army and navy, and of all our militia, when
called into adual service. May Heaven preserve
us from invasion!
No one will deny, said Mr. H. that Mr, Jefferfon
has published to the world that 'it does me no injury
for my neighbour to fay that there are twenty Gods
or no God. It neither picks my pocket nor breaks
mv leg.'•
[Mr. H. was here interrupted by Mr. Sprague mbo contended
that be bad misrepresented what Mr. Jefferfon badfaid.-^Mr.
H. then read the words from the boob.] 1 \
Mr. H. then said, it appeared that he wascorre&
Is then, he asked, a belief in the existence of a God
of no importance to the peace and welfare of society
He hoped there was no gentleman in the house who
was ready to advocate this alarming tlodrine. It
was a dparine refuted bythe praaice of nations & all
ages. In all governmentson earthit bad been he faiß
found necessary to introduce some system of religion
& strongly t. inculcate a belief of tbe existence of
an over ruling power. It was true,hefaid, that an
experiment of the contrary had lately been made in
[Me. H here read Mr yeffirforfs letter to Paine, front
“ You expressed a wife,' %. to the end.]
Is this,ne diked,the language of col 3 indifference ?
Is it the language of ordinary civility ? No, he
said, it was the ardent expression of high esteem and
affeaionate attachment for one of the most unprin
c pled and abandoned of the human race ; for on^
who had publiflied the mist infamous libels upoa
(he charader of our beloved Wallington—one,
who at the very time he received this letter, was
inventing new horrors for the French revolution;
was endeavouring to corrupt and disorganize all the
governments of the earth, and was openly and blafw
phemoufly reviling the blessed Saviour of the world.
These, he said, were the ufeful labors for which
Thomas Paine was to reap a reward io the thank
fulnels of nations. These were the ufeful labors
which he was invited by Mr. Jefferfon to repeat in
this country. , Al,
It has been said, continued Mr. H. that the
writings of Thomas Paine were ufeful to this
country in he commencement of our revolution-
So were the exertions of BenediA Arnold. Both
were once ufeful men—Both turned traitors to
their country !,
I have endeavoured, said Mr. H. to obtain Cor
rea information concerning the alledged attempt
of Mr J, ff rfon td seduce t^e wife of Mr. Walker.
He begged to be permitted to state what he consid
ered unquestionable faßs. Mr. Walker had long
contidtred Mr. Jefferfon a confidential and faithful
friend, and as such had gladly and familiarly admit
ted him into his family. Takinfradvantage of this
familiarity, Mr. Jefferfon treat heroufly and basely,
attempted the honor of Mrs. Walker. Mr W^k
er,- ignorant of this vile condua of his fuppofed|
friend, having written his will, in which he haff
named Hr Jefferfon, as executor, read the faroci
to M r s. Walker for her approbation On hearings
Mr. Jefferfon mentioned in the will, she could new
longer suppress her feelings, but bursting into tears^
disclosed to Mr. Walker his vile attempt ; his name/
was struck out of the will, and Mr. Walker wrote:
him a letter, demanding fatisfaaion for the affront
he had offered. The letter was delivered to Mr. Jef
ferfon by Gen. Lee. Mr. Jefferfon did not deny the
fad, but wrote a letter to Mr. Walker, confeffing;
the crime and humbly begging pardon. This Bate
ment, Mr.H. said hedid not hesitate to fay was Itib- 0'
ftantially true. He was convinced that such evi-'
dence could easily be obtained as would leave noc /
a doubt on an unprejudiced mind.
Mr. Jefferfon, continued he, is accufcd of hav^j^^h
ing taken to his bosom a ''fible dan,fei." He would
not decide whether (Ins charge be true or falle. d<
has been very currently reported, and rarely.denicUfrfy^
But he felt he laid, no djfpofition to scrutinize tbH
<barge. It it be true, it is to be presumed, t k at
Jefferfon Considers it excufeable. He was 14
that the custom of the country where Mrl
ferfon resides, warrameh the pradice, and de #
bus non est disfrutandum^^'
It is a fad, laid Mr. H. that by the aWhg o £ 1
Mr. Jefferfon, a Confiderabic part of our nar //bada
heretofore been dismantled. It would be left /to the,
people of the United States to decide, whetl aer thi,
wasa wife or an ill advised measure, andfhey /would
determine whether Mr. Jefferfon had not comffant
ly (hewn a bitter enmity against our infant / navy.
It was well known, and deeply lamented/ that g
large number of our fellow citizens were few and
for a long time hid been (offering all the Ihorrorz
of a Tripoline captivity. But whether this misfor
tune be owing to the mismanagement of Ml , Jaffer
fan was matter of opinion. The admirers of th;
President must determine for themfelvesJ It had
been his couftant opinion, he said, that our naval
force in the Mediterranean has never bee^ adequate
to the service required. This opinion had been
frequently expressed by gentlemen whtobad the best
means of information on the fubjeaJ H' was told
it has been exprefled by those wb>gave commend
ed our expeditions against the barbary powers,
and he thought the opinion wu fatally confirmed
by the loss of the Philadelphia /fij^te J^U^C&fga^—|
tivity of many of our bra ^ feh^w eV%ens.
Gentlemen are offcndgff, said Mr. H. because r
the President is charged with having invented dr,
docks to rot our fli^m It waslrue, he said, that
this was a very irrigating fubje&, and it was to be
prawned that Mri Jefferfon and his friends would
gladly consign it to oblivion. But we have, bel
continued, aright to form our own opinions oil # I
this fyff&. Taking the liberty of judging sos 1
Jiflbfelf, he had always thought that if the invention J
of dry docks hadaity meri f , it was that of being;
calculated to ease and drfburden a groaning t^a= q
fury of that infUpportable load of mopey, whicl wd
the President so frequently tells the people liisad- /^
ministration has accumulated. Every One knows
the fate of this project. When it was proposed to
Congress, the warmest and most ferrite friends of
Mr. Jefferfon received it coldly; and others of his
friends openly expressed their furprize and chag~
rin. He well remembered that the gentleman who
at that time did the people of Berkshire the honor
to. represent them in Coogref„ insinuated that it was
a visionary projeft, and declared that its success
was at leaf? problematical. In a word, he said, the
proposition of Dry Docks was Scouted out of Con
gress. And, he aiked, fliall the Printers fotfer for
having merely suggested an opinion finaioned b,
a majority of Congress?
France. By a national decree allreligion had been
aboiifh*d, the idea of a Goddifearded, & it had been
impiously iofcribed over the entrance into all the
burying places in France, that " Dentil was an ever
lasting sleep." Had Mr. Jefferfon, he said, been in
that unhappy country, he might have felt the per
nicious confeq nences of his favorite do&rine. If
that doßrine uad not there broken any legs, it had
fevered the heads of thousands from their fliould.
ers and picked their pockets.
Does any oae doubt, aiked Mr. H. that Mrj
Jefferfon invited Thomas Paine to leave France,
and return to the United States. Let him hear his
letter, and he will doubt no rnnre.
[No. 23.
1 %
,r°
4 h