MONDAY, MAY 26, 1800
GENERAL * AURORA * ADVERTISER
Mr. Anthony Haswell, in Vermont, is sentenced to two months’ imprisonment and 200 dollars fine for publishing an advertisement for a lottery …
It was yesterday reported about town that [Treasury Secretary] Oliver Wolcott had resigned … Among the measures of the next session of Congress will of necessity be an enquiry into the transactions of the public departments for a few years past.
Today, Thomas Jefferson writes Virginia Governor James Monroe,
I think it essentially just and necessary that Callender should be substantially defended. Whether in the first stages, by publick interference, or private contributors may be a question. Perhaps it might be as well that it should be left to the legislature who will meet in time … It is become particularly their cause and may furnish them a fine opportunity … of doing justice in another way to those whom they cannot protect without committing the publick tranquillity …1980
Tonight, in the Gazette of the United States:
The vagrant editor of the Aurora has for several days past been humbugging his asinine followers and readers with tales of caucuses or private meetings of the Federalists in the last week … What are you after doing Pat? Why you’ll surely lie yourself out of credit with the silly supporters of the Aurora! fie! fie! man, never leave your natural station, the vantage ground of general charges, scurrility and exclusive lying to descend into the plain field of facts …
THURSDAY, MAY 27, 1800
GENERAL * AURORA * ADVERTISER
Thomas Cooper, who has lately been sentenced and imprisoned for six months, under the mild operations of the sedition law, in a letter addressed to the editor of the Aurora, has exhibited the manly firmness of the philosophic republican … Among other things, Mr. Cooper says, “I will not be the voluntary catspaw of electioneering clemency.” … The pardon of Mr. John Adams, if it should be offered to Cooper, Holt, Durell, and all the other Democrats that have been condemned under the Sedition act, would not ensure his election. It is too late—it is forever too late …
Mr. Humphreys, the father of the notorious Mr. Humphreys who, after being indicted and convicted for a most cowardly assault on the late Benjamin Franklin Bache, had his fine remitted and was commissioned by the President of the United States to carry dispatches to France—this Mr. Humphreys, the father, is a ship builder.
To him … was given the contract of building the United States frigate, a vessel that has certainly cost our country near a million dollars. This vessel of which captain Barry is the commander, has been twice out: once on a cruise and the second time with the late envoys to France.
She is returned. It is said an inquest has been held on her condition: and it is now said she has been condemned and found not seaworthy and is to be laid up. Such is the federal gratitude, and federal economy !
Today, Jimmy Callender is arrested in Virginia.1981
FRIDAY, MAY 28, 1800
GENERAL * AURORA * ADVERTISER
The President of the United States left town yesterday, drawn by four horses. But the federal blues did not parade to take leave. The President, we understand, will make a tour to the city of Washington before he returns to his seat in Braintree. His lady does not accompany him.
The Pickeronians are a little anxious to know what is the thing in reserve—and … expect to provoke an early discovery by flinging empty declarations at “the Aurora.” They may shew their zeal but they cannot produce the intended effect.
Mr. Jefferson in his notes on Virginia has expressed himself strongly in favour of religious toleration; the bigots took occasion to call him a deist, and that hireling, Fenno, has been ordered to … call Mr. Jefferson an atheist! …
Is every man an Atheist who does not make a public parade of his religion or who does not abuse his fellow citizen for being of a very different persuasion ? I presume we shall not have so many FAST DAYS during his Presidency … [T]hey will leave this to such church-going sinners as Mr. Fenno and his gang … who laugh at religion in private, who cant about it in public, and accuse of Atheism all those who are content to take for their motto, “By their fruits shall ye know them.” …
Fenno is finished! Tonight, in the Gazette of the United States:
HAVING become Proprietor of the Gazette of the United States by purchase from Mr. Fenno, I respectfully solicit the countenance and support of the present subscribers and of the Public generally …
CALEB BARRY WAYNE
From several years’ acquaintance with Mr. Wayne … I can with confidence recommend him to the countenance and encouragement of the Public.J. W. FENNO
THURSDAY, MAY 29, 1800
GENERAL * AURORA * ADVERTISER
FENNO, as we predicted a few days ago, has indeed sold out—and is succeeded by a young man of the name of Caleb P. Wayne—of whom as yet we know nothing; we shall hope to have something to say to his praise—because he must be very dull indeed if he does not profit by the errors of his predecessor.
We shall hope, among other things, to find less folly and more consistency—more love of country and less hatred of republicanism—because the contrary (with bad company) have ruined and blasted poor Fenno.
FRIDAY, MAY 30, 1800
GENERAL * AURORA * ADVERTISER
Porcupine, who was so warmly patronized in this city and who lately took refuge in New York, sailed for England on Tuesday last—John Ward Fenno succeeds Porcupine in the Bookselling business at New York.
A correspondent enquires whether the late apparent change in the disposition of our government towards the French republic—the dismissal of Pickering from office—the disbanding of the army, &c. are to be considered as the result of a conviction … or merely a palliative intended to operate on the minds of the people in the next election?—Also, whether the pardon of the insurgents is to be attributed to the pure lenity of the President? or to a sense of his declining popularity which he hoped to regain by this apparent lenity?—and whether it would be politic or safe to continue in office men whose conduct heretofore must excite at least a suspicion of duplicity in the present?
Mr. Pickering, after devoting so many years to the service of his country, has retired so poor … It would be worthy of the subject to enumerate the various services of Mr. Pickering—His services as a colonel of militia at Concord in 1774 and the consequences of his prudent retreat—his services in the quarter master’s department during the revolution, with an account of the monies paid into his hands and yet what remains unpaid of the public money on account of revolutionary services—whether interest is not fairly due to the public for monies in the hands of public servants an unusual time (and at the same time as Mr. Dayton is Timothy’s friend, it might be useful to calculate the interest on the public money in his hands since he was speaker).
Tonight, in the Gazette of the United States:
PARIS. April 5. The commissioners for carrying on the negotiations between France and America held their first sitting [in Paris] on the third and exchanged their powers.
SATURDAY, MAY 31, 1800
GENERAL * AURORA * ADVERTISER
It is worthy of remark that a number of remarkable characters have lately gone or are going out of Office.
Mr. Liston, British Minister.
Mr. Porcupine, his printer.
Mr. Fenno d[itt]o
Mr. Pickering, their patron, protector, and friend …
Mr. M’Henry, Secretary at War.
MONDAY, JUNE 2, 1800
GENERAL * AURORA * ADVERTISER
Gordon in the 3d volume of his history of the American revolution states that, on the 19th of October, 1781, the sum of two thousand one hundred and thirteen pounds six shillings sterling was paid into the hands of Timothy Pickering, Esq., the American quarter-master general at York Town in Virginia. It was the amount of Lord Cornwallis’ military chest … Ist. Who is this same Timothy Pickering, Esq.? 2d. To whom has this money been paid? 3d. When has it been
paid?
Much surprize was expressed at the suddenness of the departure of Judge Chase from this city … It now appears that he … set off for Richmond to wreak vengeance on Callender. A jury conveniently packed by a federal Marshal has found a bill under the sedition law against Callender, and Judge Chase swears Callender must go to prison …
Tonight, in the Gazette of the United States:
Although the notorious and infamous Callender—who has been so constantly employed for several years past in framing lies to destroy the confidence of the American people in their government—has at last been taken hold of, Duane with his usual audacity charges the Marshal with packing the jury in this case and plainly insinuates that Callender is not guilty of the crime alledged.
TUESDAY, JUNE 3, 1800
GENERAL * AURORA * ADVERTISER
Judge CHASE, the pious and religious Judge Chase, is going to Virginia where, he says, if a virtuous jury can only be collected, he’ll punish CALLENDER with a vengeance.
Today, at the U.S. Circuit Court sitting in Richmond, Virginia, Judge Samuel Chase presides at the sedition trial of the Aurora’s Jimmy Callender, who fled Philadelphia and now edits the Richmond Examiner. From the trial record:
The [libelous] matter set out in the indictment was as follows:
“The reign of Mr. Adams has been one continued tempest of malignant passions. As President, he has never opened his lips or lifted his pen without threatening and scolding …” …
…………………
Judge Chase stopped Mr. Nicholas and addressed the counsel for Mr. Callender, thus:—
… [Y]ou say that … the charges in the indictment are merely opinion, and not [expressions of] facts falsely asserted … Can any man of you say that the President is a detestable and criminal man? The traverser charges him with being a murderer and a thief, a despot and a tyrant! Will you … excuse yourself by saying it is but mere opinion … ?
…………………
Mr. WIRT [counsel for Mr. Callender].—Gentlemen of the Jury, … [I]f the law of Congress under which we are indicted be an infraction of the Constitution, it has not the force of law …
Here, Judge CHASE—Take your seat, sir, if you please. If I understand you rightly, you offer an argument to the petit jury to convince them … the Sedition Law is contrary to the Constitution … Now I tell you that this is irregular and inadmissible …
Mr. WIRT.—Since then the jury have the right to consider the law and since the constitution is the law, the conclusion is syllogistic that the jury have the right to consider the Constitution.
Judge CHASE. A non sequitur, sir.
Here Mr. Wirt sat down …
…………………
After two hours, the jury returned with a verdict of guilty, upon which the court sentenced the traverser to a fine of two hundred dollars, and an imprisonment of nine months.1982
The Federalists finally jail Jimmy Callender! Judge Chase spoke with John Mason in Baltimore before the trial. John Mason:
Judge Chase asked me if I had seen [Callender’s pamphlet] the “Prospect before Us.” I replied I had not … He observed that Mr. Martin, the attorney general of Maryland, had sent it to him, and that Mr. Martin had scored the passages that were libellous, and that he should carry it to Richmond with him; and that if the commonwealth of Virginia was not utterly depraved, or that if a jury of honest men could be found there, he would punish Callender. He said he would teach the lawyers of Virginia the difference between the liberty and the licentiousness of the press.1983
Virginia lawyer John Heath also saw Judge Chase before the trial. John Heath:
I was one of the counsel at the bar but was not concerned with Callender’s case … I had occasion to apply to the court … While I was there, Mr. Randolph, the then marshal of Virginia, came in; he held a paper in his hand, and Judge Chase asked him what it was. Mr. Randolph replied that it was a pannel of the jury to try Callender. Judge Chase then asked him if he had any of those creatures or people called democrats on it. Mr. Randolph paused for a moment, and … replied that he made no discrimination. Judge Chase told him to look over the pannel; if there were any of that description, strike them off …1984
WEDNESDAY, JUNE 4, 1800
GENERAL * AURORA * ADVERTISER
In the primer composed for the use of American aristocrats, we shall find this Aphorism, “In Adams’ fall, we sinned all.”
[T]o what purposes [was it that] Mr. Pickering applied the 50,000 dollars drawn out of the public treasury on the 18th of April 1800 [?]
Mr. Anthony Haswell, the Editor of … the Vermont Gazette was arraigned before the circuit court of the United States, then sitting at Windsor for the District of Vermont … [T]he cause was called on, when the respondent brought forward evidence on the first count of the indictment to prove that col. Lyon was denied the privilege of pen, ink, and paper when he was first confined … On the second count, the respondent produced the certified correspondence [of] … James M’Henry, secretary of war of the United States … [which] says, in substance, there are many among those you denominate as old Tories … who, being men of probity and honor, I do not see why they should not be deemed eligible [as army officers] &c…. The attorney of the prosecution alleged that the publications were a libel against the government of the United States …
Today, U.S. Senator Gouverneur Morris of New York writes a former U.S. senator from New York, Rufus King:
[T]he thing which, in my opinion, has done the most mischief to the federal Party is the Ground given by some of them to believe that they wish to establish a monarchy.1985
THURSDAY, JUNE 5, 1800
GENERAL * AURORA * ADVERTISER
Charles Holt [of the New London Bee], a native citizen of the United States, has been tried under the Sedition Law and sentenced to pay two hundred dollars fine, and imprisoned three months. Notwithstanding the law has declared Mr. Holt a criminal, thousands of sober, prudent, industrious and respecting people in this country visit and aid him as a martyr for the righteous cause of liberty …
Tonight, in the Gazette of the United States:
Pat [at the Aurora], …“May the devil as of old take the swinish multitude to a sea bathing,” is in truth the real wish of all your party, from the highest … to William Duane.
FRIDAY, JUNE 6, 1800
GENERAL * AURORA * ADVERTISER
We have repeatedly told the public that a person of the first credit in the family of the British minister in this city declared that on a certain day Fenno’s Gazette was to be enlarged and to become their paper—it was enlarged—it is not yet two months since a lady of considerable understanding and information. in the presence of Mr. Adams, said that Fenno’s was a British paper—in truth Fenno never denied the fact or contradicted our assertions—we publish the following from the Royal gazette of New-York without more than a single remark—Fenno continued to be patronized by the administration and by the Senate to the last hour that they continued in this city:
PORCUPINE’S FAREWELL
To The People Of The United States Of America
THIS is to inform all those of you, whom it may concern, that, being upon the point of returning to that “INSULAR BASTILE,” Great Britain, I have fully and legally authorized Mr. John Ward Fenno (late of Philadelphia) who is my successor in business, to make a final adjustment of all my unsettled accounts. Those who may have any demands against me will, therefore, please to present them, duly authenticated, to Mr. Fenno at No. 141 Hanover-square, New York …
You will, doubtless, be astonished that. after having had a smack of the sweets of liberty, I should think of rising from the feast; but … so it is with liberty, out of its infinite variety of sorts, it unfortunately happens that yours is perfectly the sort which I do not like …
With this I depart for that HOME where neither the moth of Democracy nor the rust of Federalism doth corrupt …
W. COBBETT. New York, 29th May, 1800
The friend
s of Mr. William Cobbett are informed that he sailed for England on Sunday last in the King’s Packet, Lady Arabella. He leaves behind him the regret of all true friends to America for the loss of a champion so formidable once in her behalf …
Having succeeded to his business here, I shall, at all times, be happy in executing the orders of his friends and customers …
The Gazette of the United States having become the property of Mr. Wayne, all letters or concerns relating to that establishment are referred to him.
JOHN WARD FENNO
No. 141 Hanover-Square [New York], May 31.
Tonight, in the Gazette of the United States, Jack Fenno offers his own farewell to readers:
In relinquishing the profession of an editor—a profession which no consideration but the hope of being able one day to boast that “I have done the State some service” could have induced me, in a period like the past, so long to continue—I have to pay some ample acknowledgments to many excellent friends … All the conjoint persecutions or rancorous malice and cowardly stupidity which I have encountered … have still left far fainter traces on my mind that the demonstrations of personal attachment …JOHN WARD FENNO
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