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[L.V.9 no.74]
[74.]
Philadelphia April 20d 1800
Gentlemen
The President of the United States pro-
poses to the consideration of the heads of Department, a subject which, altho'
at first view, it may appear of inconsiderable moment, will upon more
mature reflection, be found to be of some difficulty, but of great importance
to the honor, dignity and consistency of the government.
In every government of Europe, I believe there is a gazette in the
service of the government, and a printer appointed; acknowledged and
avowed by it in every regular government at least. The Gazette of
France, before the revolution, answered the same purpose with the London
gazette in England. Mr. Strahan is appointed the kings printer, by
patent and is the editor of the London gazette. This gazette is said, by
Lawyers and judges, to be prima facie evidence in courts of justice, of
matters
matters of State and of public acts of the government. As it is published
by the authority of the crown, it is the usual way of notifying such acts to the
public, and therefore is intitled to credit in respect to such matters. It is a
high misdemeanor to publish any thing, as from royal authority, which is not so.
The gazette is evidence of the kings proclamations — even the articles of War,
printed by the Kings printer, are good evidence of those articles. Addresses
of the subject in bodies or otherwise to the king & his answers are considered as
matters of State, when published in the gazette and are proved by it, prima facie
in the kings court in Westminster Hall. The gazette is said to be an authoritative
mean of proving all acts relating to the king and the State. Justice Butler
asserts, that every thing, which relates to the king, as king of Great Britain &c.
is in its nature publice, and that a gazette, which contains any thing done
by his majesty, in his character of king or which has passed through his Majes-
ty's hands, is admissible evidence, in a court of Law, to prove such thing.
Without
Without running a parallel between the President of the
United States and the king of England, it is certain, that the honor, dignity
and consistency of government is of as much importance to the people, in
one case as the other. The President must issue proclamations, articles of
war, articles of the navy and must make appointments in the army, navy
revenue & other branches of public service, & these ought all to be announ-
ced, by authority, in some acknowledged gazette. The law ought to be
published in the same. — It is certain that a Presidents printer
must be restrained from publishing libells & all paragraphs offensive
to individuals, public bodies or foreign nations, but need not be forbid
advertisements. The gazette need not appear more than once or twice
a week. Many other considerations will occur to the minds of the
Secretaries. The President requests their opinion
1. Whether a printer can be appointed by the President either
with
with or without the advice and consent of the Senate.
2. Whether a printer can be obtained without salary or fees, for
profit which might be made by such a gazette?
3. Where shall we find such a printer?
It is certain, that the present desultory manner of publish-
ing the laws, Acts of the President and proceedings of the Executive
departments, is infinitely disgraceful to the government and nation,
and in all events must be altered.
John Adams
Secretaries of State Treasury
War & Navy & Attorney General.