Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1805-02-25

Printers Under implication If 70, he faid,
Il was worthy Of ferrous confederation
whether the fame Legislature has confti-
tutional sigh, to delroy and reicind The
contrac. If right to the Office, and the
fruits OF IT, bad been veGed in the Printers,
he doubted extremely THE power Of the
Hou(e 20 diveit that right. Although,
tald he, it may BE- true, as fuegeRed 10y
the gentleman from Pit gfe!d, that no Ger
tain price was agreed upon for the labors
OF the Printers, yet it was no lcfs a CON
tract on that account. IF it was agreed,
thar the Printers Mould do all the necefa-
ry printing for the commonwea RI, for the
term OF one year for reaiohable COM
peniatlon--tor a qnaat0nr msrait, 1t was, he
Laid, as much a contract, as if a ipecihc
price had been fttted.
II the Printers, iaid Mr., L. have com
nni1ted any offence or been guilty of any
crime, il was not againlt the Houie. lit
was therefore, i'll the next Place t" be con-
i.dercd, whether even if the Houfc had
the power and the right TO reicind and def
troy this contract, it was expedient to do it.
Why, be aiked fhould the Houie trouble
itielf as to the offence, if it were one a
gainit the prIUate character Of Nix. fefer-
EMt Why call the Printers to an &C
count for this offence, rather than for any
other which they may have committed !
They were, he laid, unquef ionably liable
to be profecuted for ali their offences, by
the laws Of the land, before the proper til
bunals.
Bat, continued Mr.. u. if there be no
doubt as TO the right or e&pediency in the
cafe, was it NOT TO be conGdered whether
the Hcuic would proceed without giving
1.-The Printers an opportunity to make their
defence. Is there, he af1ed, precedent,
in any country, to authorize the Houfe to
deprive citizen of an office, or the fruits
OF i, held By contract, by refcinding and
defroying that contract, without giving
him an opportunity TO be heard in his de-
fence. by himfelf or council Shall we
he continued, in our commonwealth Tin
der our Republican Government in our
land OF liberty and eqnGfty = 0bout q0bic5
we hear. 70 muck conversation. give an aa
thorlry for iuch procedure The ptin-
ters, he faid, might thew, from any thing
which appeared 10 the contrary, if an OPP
portunity was offered them, negatively,
that the ofeniiye publication did not allude
10 Mr.. .119syiSn ,--,hat his name was nos
mentioned in the whole piece, except in al
luton to the democratic, or republican par
"; and III this way only once. Unefs
the f46t. alluded TO, he faid were true, Mr..
Jsfe. /0n had no right to copfider himfelf
implicated, any more than any other per-
ion in the country. There is, fad Mr.. u.
a kind of evidence almof IRRITABLE, to his
mind, that Mr.. 21fex/Sn is guilty of the
charges made in the publication, in the
minds CT his adherents, who have brought
forward, and now advocate the refoIu-
tlon, relpring from their applying them TO
him exclu6vely.
But allowing, faid Mr.. U. that the charg-
IS alludc to Mr.. Jefcrfon, the printers
exceptionally ought to have an opportun-
ltytc juitlfy, either before the Houie or be
fore committee And, he iaid, it had
been the practice Of the Houle 70 hear all
perfons by themielves or council, immediate
= ~'~''~' 80 @i'y 'uo} u ulICl COLLlluET-
alton before their committee II certainly
evou'd not De contended at this day, he fad
IN this country, that in cafe of a libel
the truth cannot be given in evidence.
Although by the common law of England,
the truth, may not be admitted, IN cafe Of
a libel, il publication yet az that doctrine
was, he iaid, utterly incontiitent with the
very genius OF our government, he pretum-
ed i5 would not be advocated. Under our
Contribution, he faid, where the officers are
contldefed as the SERVANTS of the people
-uader popular government like ours
where thote in authority are viewed 70 re-
tponiible to thofe from whom they derive
their authority, it was, he iaid, abfurd to
lay, that the citizen had not the right,
with impunity, to ipeak and write truth.
1t was, hrit principle in free govern
ment, that every man has rightfairly 10 ufe
( influence tbe a.