The Republican ledger — Portsmouth, N.H., 1800-01-08 00:00:00, page 3

him. TheGeiktoit has pleaded tirac be not
guilty ; his connfel, however, have acknowledged
the publication of the papers, which, otherwise, it
would have b^en incumbent on the Pffintjff to
prove. Tiie queltion, therefore, will be, Whether
they amoypT pi lay to defamatory libels or not ?
By the rawhnd practice iu England, in the cate,
", %' ^ ^ r^f & 4M r y is <9judge of
the fact of publication, aud the truth and fair up-|
plication of the inuendoef. The Court, as judges
of the law, reserving to themselves the sole power
of deciding whether the paper amounts to a libel
or not : But in this Hate, 5# the frccial directions
of our QuflitUtiou, the jury possesses the power of
judging'botb of the l|w and faft, under the direct
uGn of the co^rt. ,
: A libel is difaed by the law, tube the malicious
defamation, exprefle^either in printing or writ
ing, of by figos or pictures, tedding; ei:hcf,o
slacken the,memory of one who is dead, or the
reputation, of QUE ^hp is alive, or to expose him
Ki public hatred, contempt bfcfidicWe. This ot
bnce maybe punished, either by indictment at the
bit ofthe commonwealths (> l by a civil actional
;he feit of the party injured: Where xfe profecu
don is by indictment,The court only are to dire&
he punifoment ; but in a civil suit, the damages
ft to be affefled solely by the jury.
The charges laid againll cite defendant in the de
tyration, are various ; but they may be reduced
hfubilance to tte folio wiiig=That he frequently
rails the Plaintiff a quack, an emperic ; charges
Qp with intemperate pleading, injudiciously tiling
Wreutfid large doles ill the yellow fever ; put
ah himfeif<s writing letters aml answering
Wu himfejf, (feting himtelf the Sampson in medi
<ue ; charging bi n with murdering his patients,
mil flaying his thousands and tens of thousands.—
Fhe counts laid in the declaration are fully proved
ry the publications, which are certainly libellous,
hint manrter do the defendant's Counsel repel
khefe proofs'? Not by jlli&ing the truth of the
matters charged againit Dr. Ruth, Which on the ;
contrary they have repeatedly acknowledged to
be fWfe, but by analyzing the several allegations
in the newspapers, .and iron? thence drawing a
pouclufion that no intentional personal malice ap
pears, which they Yay is the eltehce Os the offence.
—Malice reds in the heart, and is only to be judg
ed of by the words and actions of the party ; the
words themselves import malice, and in that case
the proof lies on the defendant to (hew the inno
cehce of his intention,; if he has done that to
your fatisfa&ion, .you will acquit him ; but as
this is chiefly founded on the allegation that the
attack was meant to be made on Dr. Ruth's Syfam
and not on the (klan; it unfortunately appears that
not the lealt attempt is made to combat the Doc
tot's arguments with regard to the System itfeif,
but the attack is made merely by gross fcmrilous
abuse of the Dortor himfelf : Added to this, one
of the witnefles proves a declaration made by the
defendant, that if Dr. Ruth had not been the (Waft
he ihwuld never have meddled with the Syflem.
Another ground Os defence is of a more lerious
Mature; as it leads to an important question on our
conUitution—it is laid that the fubjert of dispute
between the plaintiff and defendant was a matter
^/public concern, as it delated to the health and
lives of cm fellow citizens, and that every man
has a right to diren^fuch fubjeßs in print.—The
liberty of the press, gentlemen, is a valuable right
in every free country, and ought never to be un
duly retrained ; but when it is perverted to the
purposes of private (lander, it then becomes a mod
delfrurtive engine ih the hands of unprincipled"
men—the utmort purity and integrity of heart is
no fhieid against the (hafts.and arrows of malice,
refried tn the world by printed publications^—
Verbal dander may be frequently very injurious,
but slander in writing or print being more gene
rally difleminated and more durable in its effects,
is consequently infinitely more pernicious and pro
voking. Our date conftitutron of 1720, contains
certainly very general words with relation to the
tight of a citizen to print his thoughts and offer
them to tire consideration of the public, but it at
the fame time guards againftthe generality of the
>rivilfge, by expressly declaring, that every per
bn availing himfelf ofibe liberty of the press,
Would be reTpoufible for the abuJe of that liberty ;
dins figuring to our citizens the invaluable right
of reputation aganft every malicious invader-of it.
r Printed publications, attacking, private charac
ters, is considered with gfe^ reason by the law as
avery atrocious offence, from its -evident tenden
cy to a breach of the public peace— if men find
they can have no redress in our courts of justice for
filch injuries, they will naturally take Satisfaction ,
in their own way, involving perhaps tlieir friends
fad families in the canted, and leading evidently
so duels, murders, and perhaps to afiffinations.
, The principal fubjeft of consideration with the
Jury will be, what damages they are to aflefs. On
this fubjeft you are the almost mlcontroulable
judges—it is your peculiar province :—The court
have indeed the power to order a ney trial where
damagesare excessive but in cases of torts and
injuries of this kind, the law books fay the dam
ages mud be so Trnrrageonfly difprdpoflionate tq
file offence, as at firft blush to (hoc! every person
tyho hears of it, before the court will order a new
l^al.
I Every one muff know that offences of ih^-kind
Lave for some time pad too much abounded in our
fcitv It seems high time to retrain them -that
talk is with you, gentlemen. Tofopprefob great
an evil, it will not only be necegkry to give com
fenfdtory, but exemplary damages—thus flopping
•the growing progress .of this daring crim? —at the
Efoe time, thedamages Should not be so enormous
Eabfolutely to ruin,the offender.
[zihope no party considerations will ever have
blade in this court in the adminidration of justice
fc-indlintreat yob, Gentlemen, to banifli them,
considering this fubjeft, entirely from your
&e Republican to preacher,
## »for
fyfr WHO IS AELE TO STAND BEFORE ENVY ?'
6 THERE are few indeed who have had any ex
perience in the present Share,'but what, in a
greater or jess degree have felt the baneful effects
This baneful paflion whenever it gains
boffefon of the foul, corrodes all the nobler pnu
lipl^nt^i^ the *tal m,,. and changes
man from a human being to an imp of darkness.
to fee every other pterfon so. The good forcels
if his fellow creatures adds a fuel to has inaligu
Jifpofititheir happiness iucreafes his ,^s
Lif any misfortune occurs , c thei '° „nf feels
lopribi, a ghastly finite," and for a moment feels
own torments allayed by the ^^X^t
Unfortunate for humanity, ittaevat
was a man of this chara&er. Ihe eleva|
eff^fo honor# his foverei^ ^ mbe«
flow-rflittfaid be " dU this availerh me iwtM?te,
fa long as 1 fee &srdecai, the feting at tree
' WW"'i’- ",'s° u jL^''wPy l "'" "'"
plotting the deflection;,F a whole people, to
fead his envy. The fate of Hainan was just and
[the ftuniq^eht ^received ought to operate as a
,demu wK/kg 10 uli pfrfans high or low, how
ph^OTidulge in that baneful vice. “ WrAth is
faith the preacher, “ dad anger is outra
^' "^ " "'" '° /^"d before envy 7"
Th the foul of the envious every sweet thing
is bitter—their very bleflings may be count
ed ri curse—their very breach is contagions.. The
more elevated th, envious man,the more dangerous
t—his opportunities to spread his poisonous effluvia
@re^deafed, and consequently the deadly evil is
tenfafyd. Lrta map of the foregoing.defcription
be 'elevated to places of high power and trull—
and, life Haman, he will exercise that power to
the deltruttion of his fellow creatures. Repeated
'indances prove this—hidory, (acred and profane,
,rtefls to thfefaft, —rind modern times are not alto
gether definite of example. This vile principle
is voCeqiially Apparent in all=-fome endeavor to
difetufe it—others, from the great quantity they
possess, cannot secrete it—it will discover itfelf in
tlieir every action —they carry the mark of the
bead tifibly in their forehead. It mud not be fup
pufed, that ehvy is confined to the lower grades of
life—by nd means. It may be traced in every
rank and (itnation of life. Those whom we might
suppose, from their situation ta life, were the most
tree from it, are very often poffefled with the
greased qu/utity -=rhere is always d Mordecai at
"the gate'.Were it not foreign from our mode ot
preaching, we could point to recent instances,
wherein this envious difyofitibn has jbeen carried
011 to its full length, in Which the characters have
difcOtered dispositions peculiar to themjelves—dif
pofitions, portentiou%of a will, had they the
power, to teaft upon the rights of dur fellow Re.
publicans —difpotitibns to teach them, as Gideon
of old did the men of Succoth, with briars and
thorns—difpofitiohs so place the,royal diadem up
ori their own heads, and to turn the fair inheri
tance of freedom,into an acalcic my of blood—and
all this became they are envious at the prosperity
of repub!icanifu)rt.mort?tied at the spread of lib
erty, and (hagrined at the apparent approaching
deftruttion ofey r^nny. Then, in the language of
the preacher, make ?W friendflu, with Juch men—
withjuch men thau jhalt not go^leji thou learn
their ways, and get a/nare to thy foul /
©e Republican Ledger.
Portsmouth, January 8, 1800.
FROM BALTIMORE, DEC. 2g.
THE FOREIGN NEWS,
Received by Capt. Chafe in the Perseverance, is
in every refpe&interefting. An attentive perusal
of the Files of London prints, down to the 24th
Oft. received by no other Editor in Baltimore,
enables me to acquaint my readers, uncondi
tionally, that the British and Anglo-Ruffians
have entered into an agreement with the Batavian
republic, to evacuate Holland. The conven
tion was-signed on the 18th O3eber, allowing fix
weeks for the complete embarkation of the invad
ers. Several transports had arrived in England
with the tick and wounded, which seemed to be
the sirs! object .of removal; a fleet of transports
were getting out of Ramfgate, (on the 2gd) as faft
as possible, to proceed to the Texel, to take off the
remainder of the troops. The British prints ap
pear to be deeply chop-fallen at the disasters which
have befalfen th, pious Bishop of Ofiiabourg in
Holland ; and in order to appease the refentmeut
of the nation, the ministry have divided the spoils
of the Dutch fleet, which was taken pofletfion of
as the property of the Stadtholder, among the sai
lors and officers of Adm. Mitchell's fleet ! Thus
“ when rogues fall out, honest men come to their
right."' An article of the 23d fays, "l-h< Stadt
holder who was lately a subject of admiration,
has now become an object of the execration of
the populace 1" , „
Captain Porter spoke the Union, of Baltimore,
in the British channel, who informed, that @ the
duke offdr,k had offered to the Gallo-Batavians,
to evacuate Holland with his arm,; and as an ex
change to Tend over 8000 French prifohers from
England. The Ruffians, he further said, Shewed
great treachery in the last engagement ; two re
giments having grounded tlreir arms, ^^
^ =
The directory are employed in the honourable
and virtuous design of corrupting the principles of
the Ruffian foldtert, contaminating their minds
witlrthe principles of atheism and revolt,and in
spiring them with didruft or hatred of their En
glilh effies ..
Hence it is, that we hear of letters being writ
ten by general D'Hermann to the duke ct York,
of quatr&s between the English and Ruffian pris
oners, and hence thedefigu offending them into
the interior of the republic.
^Lond.pap.
' < Observations on the above.
The fam? pernicious fyttem of political decep
tion which has brought the British Government to
the verge of ruin ; and ,ad, at ope period, nearly
ingulphed rtefe free andindepenent states in her
fatal vortex, is thus flill continued in England by
the desperate faction, which has lately ruled the
affairs of that unhappy and -infatuated nation —
thus every thing refpe&ing France has been fhame
fully misrepresented, by their venal newfpaporial
editors. The Directory have treated the Ruffian
prisoners with humanity. They are learning them
to read. They are opening their benighted minds
minds to the fouFanimating rays of truth—.this is
called atheism and infidelity by the minilterial
newspapers. They are convincing them, that
they are men. This is called Jacobinifm. But it
is in vain—write, talk, scold, preach and even
pray as they will, mankind are now free ; and
[he French republic is the political faviour of the
world.
Farther European Intelligence from
nARis, oct. 17.
A Telegraphic dispatch announced at 5 o'clock
in the evenirig of the 15th inll. that Holland was
entirely evacuated by the Ruffians and Austrians.
This information is certain.
Buonaparte arrived yeflerday, at 7 in the morn
ing, h^l^dy and brothers who had gone to meet
him, miffed him by having taken a different road.
Citizen Barras went to fee him as soon as his arriv
al was known. He went the fame day at four
o'clock, to the Directory ; but having much need
of repose after so long and rapid a journey, he had
a particular audience of theDire&ory for this day.
The Uglify
of Vendemaire, are (hut up in thejr old entrench
ments, where they are in (o much uant both efi
ammunition and provisions, that they hfteYeeW
obliged to fend back.the prifonert whityffhey have
taken. They have demanded 24 hours&embark,
which request has been denied them, appears
that Gen. Brune is dissed to make rami lurren
der by capitulation ; one of the traditions of
which will be the restoration of the F^fchat sur
rendered in the Texel. It is believedßfy cannot
maintain their station more than threeW,. Ad- !
verse wi&ls, have, tor 5 days, preventtgall at
tempts at embarkation, and alfo.any fuffiie^ from
reaching them. The misunderstanding raet ween
the Ruffians and English enerbafes daily, WQi^as
occationed many duels. It is reported t^ra^
Deke of York was for some time a prisoner trim)
Ruffians; but was refeued by the Engirfh cavalr&j
The ar my of Madina in Switzerland, coillifts
85,000 men.
2600 Conscripts, composing the contingent of
the Lower Seine, are now affeinbled at Dieppe
They are completely organized, and only wait the -
Signal to fly to the defence of their country.
I .lmportant.
It was reported, yefterciay, afternoon bn the
Exchange, tint three letters had been received in
town, from different Merchants in Newyork, men
tioning, that “ the BANK of ENGLAND had
STOPPED PAYMENT," and that all those A--
merican (hips and cargoes which were taken into
England some time Since, bound home from Hol
land, to America, were CONDEMNED,VefIe^&
Cargoes. [Eelegraphc.
■^..la.iu. 4 : ft'
The Legislatures of the Southern States, but of
Virginia andPpnnfylvania in particular,appears to
be thoroughly" purging their floors" trom the
noxious feedslof Ariilocratic Federalism, that this
/ circumstance [Should bring forward all the viru
lenceand abife of the Aristocratic Junto it not at
all to be woidered at.
DiWitt Chiton, Eiq. having declined (landing
candidate fv 3 feat in Congress, as representative
of the fecona Congreflional diflri& of New-York,
in room of Jonathan N; Havens, Esq. deceased ;
Gen. JohnSmirh; is recommended,and it is said,
will be Supported by die republicans of that dis-
A bill so a company, to make a
canal between the Chesapeake bay and the Dele
ware river, ^as palled the house of aflembly of Ma
ryland.
The itolife of Reprefentative^ of Congress ex
hibits a pleasing, though mournful evidence of
the refpett which is Mt for the character rs Gen
eral WASHINGTON, and of the unfeigned re
gret which has been excited by the melancholy
event of his death. The Speaker's chair and ta
ble, & the rabies on each fide, are entirely Shroud
ed in black. The casement in the rear of the
Speaker's chair, and the recess are also elegantly
ornamented ^ith mourning emblems, the prints
presented to the House by Mr. Trumbull, are o
verhung with curtains of black. Between these,
and in the centre of the House, Mr. Peale, pro
prietor of the Museum, has added a very Striking
likeness of the illnftrious Hero, which, besides be
ing highly ornamental to the House, arts as an in
telligible and leeligg index to the occasion of the
mourning emblems which surround it.
From an Alexandria paper ofbec. 4.
Yesterday his excellency James Monroe, Efty.
was qualified as governor of this commonwealth
for one year. As soon as a board of the members
of the executive council were convened, we are
told that,,
The govenor observed, that resolutions had un
animdtlly paffetl both branches of the legislature
of the commonwealth, agreeing to wear a badge
of mourning for the loss of our illustrious and be
loved fellow-citizen George Washington; and
proposed to the members, that they Should follow
the example.—To whidi proposition they agreed
unanimously^
The liberal condurt of the govenor,, evinces a
spirit which will be pleating to every generous
mind, Since it is a proof, that notwithstanding he
disapproved many of the political meaftires of the
very refpertable perfohage deceased, and had rea
sons for personal diflatisfaftion, yet lie w'uuld lay
aSide every consideration of the kind, and join
with the legislature and the council, in bearing
testimony to the ackno pledged merit of To difiin
guifhed a citizen.
All ranks and orders of citizens are emulous
in paying proper tejiimonials of rejpefl to the be
loved WASHINGTON c and it is with jatis
faflion we observe that the Republicans thro -
out the Union are not backward on this folemU
occasion. they indeed were his real friends—
and this, too, at a time, when many who are
now for embalming bis memory, would have fa
crificed him and the country, to British power
and domination. IV bat fad our Saviour to the
Phartfees fold P
On Tuefday, las tweek, the General Cburt of
diis State finished their session at Exeter. The
next election is to be holden at Concord, the firlt
Wednesday in June.
Extract ofa letter from the rndfer of the Jhip Ge
het (which vefel arrived at AmJterdam in Nov.
1798. and departed thence Jom? time in May
ladfto his owner in Boston, dated
SIR - London, Oft. iß v i799.
It is with an aching heart I inform , ou that the
(hip Genet and cargo, and my private adventure,
were condemned here in the Admiralty Court, on
iheioih of this month. Theneutmlity of the pro
perty was not questioned—the pretence for con
demnation was the violation of their laws, as they
term It ; that is failing from a blockaded port;
they thereforetonfidered the property as belong
ing to an enemy. I had nothing restored me, ex
cept my clothings apd am left as delhtitte, 1
could'have been from the .reateft memy. They
have condemned all the Americans left here by
capt. Loring, that failed Irom any part of Hol
laud—among them are the Ocean, of Baltimore ;
America, of New-York ; Polly, of Philadelphia,,
and Mary of Bolton. \„
Ingenius Tribute of Refpe&.
Fo, ingenuity and neatness, nothing] surpasses a
beautiful Medal, executed by Mr. Jacob Perkins,
of Newburyport, designed as a testimonial
grateful stolon for the Father and Friei, of his
country—the immortal WASHINGTON. On
one tide is an excellent likeness of the Gen. encin
cled in a wreath, round which is the following
Words, he is in glory— -the world jn tears.—On the
torn. , - ^ft.
Irever^n^^rcmb of the mod reni^rkau^
Jl^'^nte^Waßh" '-'^ handlbill, exrote
Ic°">1 c °"> that 'ever^Ur
IwitfWralllllrcropoflefs, and preserve to the Ln
lelt,olte^ty;lelt,olte^ty; this to^efrof grateful refpett tdtxh
I Qghtep orii:imentwgbman nature .The afo
mmedals are nawfeHngni this ■
It is fafQthat ih conQuett™N-IW Taw.l
Sr given up to the EngiirftiieFrertOH director
ordered an embargo ine laid on all Hani
petrels.—Moreau is at Paris.
Mat perrons affirm t^MWW^^R^e has hro' a
jtoffia treut ta^j^Rvitfflle Onmr:
Biat itc<@^Mte&ff^th
reverfe ot ^mffl|^ I proportioned to th
rife of the waters of the Nite. The faddeli dilap
u pearance o3||tyty*i@ ^ in tlteWockade•'
LAncona,an^h^^riv, in the ports tof Italy of .
ty^ber of Fren^nen from the prisons of Con
Paris paper.
The North-Carolina Journal, of the 2d Decent
dates that in the Legislature, on that day,cofnini:
nications were ' received from the Governor, am
read with closed doors, concerning frauds r<lativ
to land entries, committed in the office of the fi
cretary of that Slate ; Exhibiting a horrid detail<
the blacked crimes, in which many persons of not
are implicated., When crimes of such inagnitud
are committed by men in high Stations, do they nr
judify a high degree of jealousy, to be condair
kept alive, on the part of the people, for the pr?
fervation of their - rights and interests ?
&bornc% marine Lift,
ENTERED.
Jan. ), Sch'r Franklin, Smith, Tenerife and Trinidad,l
6, Brig Harmony, Coffin, Hamburgh.
CLEARED.
Jan. I Itrig Betsey, Wentworth, Tobago,
do. Sch. Soccer©, sh£w% Demerara.
3, Bri, #lletta, Laing, St. Croix,
% Ship Nancies, Lunt, Liverpool.
Capt. Eph'm Keene, in the brig Revolution, of this port, wa
taken by a French privateer, about ten leagues to windward of
Tortola,
A^KiL "AFFAIRS.
[Omitted in our laft.]
The frigate John Adams, capt. Cross, was fpe
ken Nov ; 29. lat.'gr, long. 74, ^.Theveflel which
fell in with her, had the day before been overhj
fed by two French Privateers. The frigate filled
admirably well.
AN. London Paper fays, it is reported the (hip
of war Connecticut, has captured two French &
: retaken three American vessels.
Brig Pickering, failed from St. Kitts Nov. 25,
.With a fleet for the U.S. A Boston sch. was ir
' the fleet which had been taken by a French priva
teer, when on her passage from Demerara for St.
Kitts, and retaken by the Adams frigate.
FOR SALE, ,
At Public Auction,
At Greenleaf's Tavern, on Monday next at E
; leven o'clock,
TWO Houses, and a lot of Land on Dan
iel-ftreet, pleasantly Gtuated—the lot is about
eighty feet fqnare.—.<l/3, A Lot on Prison-Lane
back ofCol. Whipple's and Capt. Turner's, fifty
five feet deep, and one hundred feet back.— Alft
the Pound Pasture, so called, containing about 1
acres. —Terms will be known at time of sale, i
%ot previously disposed ofat private sale.
Portsmouth, Jan. 7, 1800.
NOTICE is hereby given to the Pro
prietors of New-Hampihire Hotel an:
Portsmouth Pier, that their annual meeting
will be held at the Hotel, at 3 o'clock P.M
on the third Monday in January, 1800.
E. HALL, Clerk.
Portsmouth, Jan. 6, 1 800.
JOHN GAINS,
Clock & Watch Maker,
R Efpeatully informs his Cuf
turners and the Public in general, that he
has REMOVED from Congress street to Spring
hill, one door fouth of Samuel Hill's itore
where he carries on the Clock and Walch making
business in all its branches.
HE HAS. FOR SALE,
Eight Day CLOCKS , • a barge
assortment of warranted WATCHES ; a great
variety of Chains, Strings, Seals and Keys.
Portsmouth, fan. 6, 1800.
TAKE NOTICE!
THE Undersigned, his SwediJb Majesty's
„ Vice-Consul, (and authorised to transit the
Conlular butineG for his Majelly the King of Deu
mark) within the States of New-Hampjhire, Mas
fachujetts, and Rhode-Inland, hereby gives Public
Notice, that in obedience to recent inftruftions re
ceived from his Government, it is the duty of all
Matters of Swedish and Danish veflels, before their
failing from any port of the active-mentioned
Sia es, to call upon him in order to be granted such
Certificates for their cargoes, as the exigency of
the prefect l|at^ of the neutral commerce, and the
several decrees of the belligerent powers render
indispensably necessary ; and that any Mailer o1
veflel, belonging to the respective nations, or na
vigating under the protection of their flags, in o
mittipg to take such Certificates, will pcrfonall,
Hand responsible for the couiequences.
Rojlon, Jan. 1, 1800.
Inahe abfenre of CHARLES F. DEGEN Esq.
JOHN C. HAUFF.
(KT The re/pffive Printer: at Salem, Newburyport, Portland,
Portsmouth, Newport and Providence, are requeued to publish the
Above.- *
AUCTION,
Sign of the Golden Tea-Pot.
Abraham Isaac,
INVITES the Ladies and Gentlemen of the town
and country, to his Auction-Office on Wednef
day, the Bth of January next, 1800. Where at ic
0'c10.% A. M. will be fold, a great number
of the most elegant Tea Setts of India China, by
the let.
if any Gentleman or Lady wishes to fee then
previous to sale, they will pieafe to call at hi,
shop, sign of the Gulden Tea-Pol.
7a B. Vendue kept as usual every Wednesday.