We have waited in silence … the proceedings of the [United States] Senate … It remains to be seen whether the arbitrary and undefined powers of an English hereditary house of lords are to be adopted by men whose privileges the constitution has expressly defined and limited—and whether our Senate has the power to assert in their own body the various functions of accusers, judges, jurors, and executioners, in a case where they are also parties.
When the federal constitution was under consideration in 1787, the late venerable ROGER SHERMAN of Connecticut … prophetically said, “That the Senate of the United States, possessing both legislative and executive powers, was such a monster that it would swallow up and absorb every other body of the general government if it was not restrained …”
Friday the 11th of April next, the trial of CHARLES HOLT, Editor of the BEE, comes on at New Haven …
FRIDAY, MARCH 14, 1800
GENERAL * AURORA * ADVERTISER
The federalists begin to feel the imprudence … They now perceive the people awakened … Men who have been ruined for being democrats under a democratic government can now hold up their heads … But while the people are returning so rapidly in all parts of the union to … the principles of 1776 in opposition to the monarchical innovations and doctrines which have been imposed on this nation, the innovators redouble their activity for mischief …
SATURDAY, MARCH 15, 1800
GENERAL * AURORA * ADVERTISER
Witness the prosecution of Mr. [Thomas ] Adams, printer of the Boston Chronicle, the only paper in that town which was dedicated to liberty! … [T]he consequence of this verdict was that Mr. Adams was sentenced to a long imprisonment which so injured his health that he died soon after the term of his captivity expired … Mr. Frothingham of New-York … was only an assistant in the printing office of Mrs. Greenleaf, proprietess of the Argus, one of the numbers of which paper contained a paragraph stating that Alexander Hamilton was at the bottom of a plan that was on foot for purchasing the Aurora—this could not be considered a libel in any country in the world but in the eyes of a federal jury … [T]he court sentenced him to a fine and imprisonment … the happy consequence of introducing the practice of English [common] law [where truth is no defence to a libel action] amongst a free people ! … I may be found a libeller if I publish that I saw the president of the United States riding pell-mell down Market street …
Today, in the Senate of the United States, the Committee on Privileges makes its report:
REPORT …
WHEREAS, on the 19th day of February now last past, the Senate of the United States being in session in the city of Philadelphia … publication was made in the newspaper printed in the city of Philadelphia, called the General Advertiser or Aurora …
Resolved, That the said publication contains assertions and pretended information, respecting the Senate, and the committee of the Senate and their proceedings, which are false, defamatory, scandalous and malicious, tending to defame the Senate of the United States, and to bring them into contempt and disrepute, and to excite against them the hatred of the good people of the United States; and that the said publication is a daring and high-handed breach of privileges of this house.
Resolved, That William Duane, now residing in the city of Philadelphia, the editor of the said newspaper, called the General-Advertiser, or Aurora be, and he is ordered to attend at the bar of this house … to make any proper defence for his conduct …1913
MONDAY, MARCH 17, 1800
GENERAL * AURORA * ADVERTISER
We this day commence the debates on the extraordinary and unconstitutional measures which have been attempted in the Senate of the United States to implicate and coerce the editor of this paper. We also give the report of the committee of privileges …
At present we shall restrain the sentiments which we feel and must utter on this monstrous attempt; an attempt which no act of the Editor shall ever sanction or countenance—no apprehensions of a personal kind shall ever induce him to betray the liberties of his country, the constitutional right of free discussion, or to submit to any authority which is not authorized by the Constitution or the laws.
The people of the United States are called upon to consider this question …
Today, in the Senate of the United States, the Annals of Congress report:
Mr. Ross, from the committee to whom was recommitted the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States, reported amendments, which were read.
Ordered, That they lie on the table.1914
TUESDAY, MARCH 18, 1800
GENERAL * AURORA * ADVERTISER
[W]hat can the public think of a party whose impotent vengeance is directed against such men as Jefferson … and who deign to employ such wretched tools for their calumny as Fenno and Porcupine ?
Suppose the Legislature of the state of Pennsylvania do not chuse to direct the mode in which Electors for the office of President shall be chosen. What then ?
Today, in the Senate of the United States, the Annals of Congress report:
The Senate took into consideration the report of the Committee of Privileges on the measures … to adopt in relation to … the General Advertiser, or Aurora; and,
On motion to adopt the first resolution reported, it was agreed … that the question should be taken on the following words:
Resolved, That the said publication contains assertions and pretended information, respecting the Senate … which are false, defamatory, scandalous, and malicious; tending to defame the Senate of the United States, and to bring them into contempt and disrepute, and to excite against them the hatred of the good people of the United States.
And on the question to adopt this part of the resolution, reported by the committee, it passed in the affirmative—yeas 20, nays 8 …1915
Tonight, in the Gazette of the United States:
THE AMERICAN ENVOYS have arrived at Lisbon and are proceeding to Paris.
WEDNESDAY, MARCH 19, 1800
GENERAL * AURORA * ADVERTISER
Monday being the Anniversary of the Hibernian Tutelary patron, libations were poured forth … [T]he Editor, proud of the Irish blood that flows in his veins and the Irish virtues which he imbibed in that happy but politically oppressed nation … hopes that there will be comparatively few of his American fellow countrymen and citizens who will not enter into the spirit … 1. The Anniversary of St. Patrick: May it ever inspire us … 2. The Fraternity of United Irishmen … 8. The Rights of Man … 11. The Liberty of the Press; May it flourish in spite of Sedition Laws and surmount the attacks of Committees of Privilege. VOLUNTEER TOASTS … May the Aurora rise never to set … The Memory of Benjamin Franklin, and B. Franklin Bache, and the spirit of emulation in his successor …
Today, in the Senate of the United States, the Annals of Congress report:
The Senate resumed … in relation to a publication in the newspaper called the Aurora … and it was agreed … “that the said publication is a high breach of the privileges of this House;” and, on the question to agree thereto, as amended, it was determined in the affirmative—yeas 17, nays 11 …1916
THURSDAY. MARCH 20, 1800
GENERAL * AURORA * ADVERTISER
The legislature of this state adjourned sine die on Monday evening last.
Pennsylvania’s legislature has adjourned without enacting a law to allow Pennsylvania to choose presidential electors and without setting a date for the state legislature to reconvene. Now what ?
Today, in the Senate of the United States, the Annals of Congress report:
The Senate resumed consideration of the report of the Committee of Privileges … On motion to adopt this part of the report, as follows:
Resolved, That William Duane, now residing in the city of Philadelphia, the editor of the said newspaper called the General Advertiser, or Aurora, be and he is hereby ordered to attend the bar of this House on Monday, the 24th day of March inst. at 12 o’clock and which
time he will have the opportunity to make any proper defence for his conduct in publishing the aforesaid false, defamatory, and malicious assertions and pretended information: and the Senate will the proceed to take further order on the subject …
It passed in the affirmative—yeas 18, nays 10 …1917
FRIDAY, MARCH 21, 1800
GENERAL * AURORA * ADVERTISER
We published on Monday last the Report of the committee of privileges concerning the Editor of this paper. The Senate has been occupied several days during this week in debating two resolutions annexed thereto; in the first of which they condemn the Editor, and by the second propose to give him a trial ! ! !
On Tuesday the Senate agreed to part of the first resolution; on Wednesday to the remainder, they passed a vote that William Duane, Editor of the Aurora, be ordered to appear at their bar on Monday the 24th inst.
Upon the measures which the Senate have thus pursued, we forbear present comment. As a part of the government of his country, the Editor is under an obligation to respect them and to pay all the deference that is due to their constitutional and legal acts.
The Editor, however, owes a duty superior to that sense of respect and deference; he owes a duty to the constitution itself, to the public rights involved in him, and to his personal rights and honor.
From these superior duties no power on earth shall make him swerve; no terror—no force—no menace—no fear shall make him betray by any act of his those rights which are involved in these measures of the Senate.
By the constitution he will stand …
Some letters were published in the Aurora lately, stating the circumstances of the outrage committed … upon Dr. Logan at Lancaster in the house of assembly, for which publication an action has been instituted against the editor …
NEW YORK LEGISLATURE. March 12. In a committee of the whole on the bill directing the appointment of Electors of a President and Vice President of the United States by a general vote of the people of this state … After a pretty lengthy debate, a motion to reject the bill was carried, 59 to 54.
Today, in the Senate of the United States, the Annals of Congress report:
Ordered, That the Committee of Privileges prepare and lay before the Senate a form of proceedings in the case of William Duane.
The Senate took into consideration the amendments reported by the committee to the bill prescribing the mode of deciding disputed elections of President and Vice President … and having agreed thereto, the bill was ordered to the third reading as amended.1918
Tonight, in the Gazette of the United States:
The establishment of the last new Constitution in France [giving Napoleon complete power], which appears to have been completely effected, may be justly regarded as the final extinguishment of the last glimmering spark of republicanism in Europe …
The Sovereignty of the People is an useless and impracticable delusion which almost once in every age shoots like a baleful meteor athwart the earth—leaving in its track wretchedness and ruin …
A democrat heated with the gin-fumes of an Irish feast raves about the Irish blood in his veins. One would think these wretches must have very little blood, Irish or French, in their veins when their minds are so full of it.
SATURDAY, MARCH 22, 1800
GENERAL * AURORA * ADVERTISER
The legislatures of some of the states have availed themselves of the letter of the federal constitution to deprive the people of their votes in the choice of the electors of the president. They have retained the power to themselves, and by deriving the Presidential and the Senatorial power from the same source (the state legislatures), they have affirmed the cast, complexion, and the character of the executive magistrate and of a branch of the federal legislature … abandoning the constitutional principle of the sovereignty of the people …
ADVERTISEMENT
WHEREAS by virtue of certain articles of agreement, dated the 5th of March, 1800, between me and Margaret H. Bache, I have been put into conditional possession of the printing presses, types, utensils, &c. employed in conducting the newspaper. The AURORA, I think it right to notify the public that, until the purchase money which I have agreed to pay for the same be fully paid, the presses, types, utensils, &c. are mortgaged to and subject to a lien of said Margaret H. Bache under the articles of agreement aforesaid—And that the conveyance for carrying the said agreement into effect are or speedily will be duly recorded according to law.WILLIAM DUANE
Today, in the Senate of the United States, the Annals of Congress report:
MR. DAYTON [Federalist, New Jersey] from the Committee of Privileges, to whom it was referred to prepare and lay before the Senate a form of proceedings in the case of William Duane, reported in part; which report was read, amended and agreed to as follows:
When William Duane shall present himself at the bar of the House in obedience to the order of the 20th inst, the President of the Senate is to address him as follows:
1st. William Duane: You stand charged by the Senate of the United States, as editor of the newspaper called the General Advertiser, or Aurora, of having published in the same, on the 19th of February, now last past, false, scandalous, defamatory, and malicious assertions, and pretended information, respecting the said Senate …
Then the Secretary shall read the resolutions of the Senate … after which the President is to proceed as follows, viz:
1st. Have you anything to say in excuse …
2dly. If he shall make no answer, the Sergeant-at-Arms shall take him into custody …
3dly. If he shall answer, he is to continue at the bar of the House until the testimony (if any be adduced) shall be closed, and he shall retire while the Senate are deliberating …1919
SUNDAY, MARCH 23, 1800
Today, I meet with two lawyer friends, Thomas Cooper of Northumberland and Alexander James Dallas, to discuss my appearance tomorrow before the United States Senate. By subjecting me to a trial and the threat of arrest, the Senate has usurped the judicial authority of the courts and has refused to allow a challenge to its jurisdiction. It’s not clear that the Senate will allow me to be represented by counsel.
Today, following the meeting, Thomas Cooper writes Thomas Jefferson:
Mr. Dallas, Mr. Duane and myself met to day, and after analyzing the most expedient method of proceeding on our side, we determined at length on the following. That Mr. Duane wld. write you [as President of the Senate] … That Mr. Duane shd be in … the Senate without formally presenting himself till it become necessary. That if the request to be heard by Counsel should be refused … he shall not obey the call [to appear] … That on the appearance of Counsel at the bar of the house, they shall state in the outset that they mean to object to the Jurisdiction of the Senate in the present case. That if they are estopped in this, they shall expressly decline entering into any further or other defence … That Duane shall be absent [from the Senate] and kept out of the way of the Sergeant at Arms … [I]f after these proceedings, the Sergeant, whether acting by order of the house or in consequence of any proclamation … should find him [and arrest him], that he fights the question [of his arrest] by application for an habeas corpus.1920
MONDAY, MARCH 24, 1800
GENERAL * AURORA * ADVERTISER
The notification directed to be made by the Senate [of the United States] to the Editor of “The Aurora” was delivered at this office on Friday last and twelve o’clock this day appointed for further proceedings.
Unwilling to enter into discussion pending this new and unprecedented business, we can only say to the anxious public that the Editor continues determined to maintain his constitutional and legal rights …
We hear that the bill which was committed (respecting the election of the president and vice president of the United States) will probably come on in the [U.S.] Senate this week … It is this bill that has given rise to all the questions of privilege which have lately occurred …
Today, I appear before the Senate of the Unite
d States. The Annals of Congress report:
William Duane appeared at the bar of the House, agreeably to the summons of the 22d instant …
And the charge against the said William Duane having been read, he repeated his request to be heard by counsel.
On which he was ordered to withdraw and a motion was made as follows: …
Resolved, That William Duane having appeared at the bar of the Senate and requested to be heard by counsel … he be allowed the assistance of counsel … in denial of any facts … or in excuse and extenuation of his offence …
Resolved, That … William Duane be ordered to attend at the bar of this House at 12 o’clock on Wednesday next.1921
TUESDAY, MARCH 25, 1800
GENERAL * AURORA * ADVERTISER
The question concerning the Editor of the Aurora which has excited so much alarm in the public mind, was [yesterday] before the Senate … [A]t 12 o’clock, the Editor appeared before the Senate, when the president of the senate said as follows,
WILLIAM DUANE. You stand charged by the Senate of the United States, as Editor of the General Advertiser, or Aurora, of having published … false, scandalous, and malicious assertions and pretended information regarding the said senate … and therein to have been guilty of a high breach of the privileges of this house.
Then the secretary read the resolutions of the senate passed the 20th ult. with the preamble, after which the president proceeded as follows:
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