« VorigeDoorgaan »
The selectmen of Portsmouth have appointed a committee to receive charitable donations for the relief of the sufferers by the late distressing fire. This committee, in a respectful address, solicit the assistance of the United States, of all classes, but more particularly of those in easy and prosperous circumstances. -And where is there a man, so destitute of feeling, as to turn a deaf ear to the request? We hope not in America !--Wę beg leave to suggest to the citizens of Hudson the propriety of fixing upon some mode of collecting donations.
Thursday, Jan. 6.
tive to that part of the published message Mr. Griswold moved, that the house which speaks of the cession of Louisiana to resolve itself into a committee of the whole France." I hope, Sir, that I know enough on the state of the Union. He said if the
of the rules of the house to know, that motion prevailed, he should move for the nothing which is entrusted in confidence conäideration of the resolution which he had to the house, can be made a subject of pubthe honour of submitting to the house re
lic discussion. I repeat my motion, Sir, lative to the cellion of Louisiana to France. that the house now consider the resolu.
tions. After a long debate, the question was taken by yeas and nays and lost, yeas 38
The house divided upon the question,nays 48.
“ Will the house consider the resolutions,"
and it was resolved in the negative, yeas Mr. Griswold and Mr. Randolph then both rose. Mr. Speaker said the gentleman
32, nays 50. from Connecticut first addressed the chair. Mr. Randolph moved the order of the
Mr. Griswold, faid, notwithstanding 1 day that the house resolve itself into a comthe unpleasant situation in which we are
mittee of the whole, for the purpose of placed by the decision of the house on the
considering the President's Mesrage, relaquestion just taken, I think it my duty to tive to the shutting of the port of New-Or. propose certain other resolutions which I leans; and that the galleries be first clearhold in my hand, connected with the same
The motion was carried, the galleries He then read, in his place, the following were cleared, and the doors closed.resolutions and delivered them in at the The doors were closed at one o'clock and clerk's table.
remained so until half after three. Resolved, That the people of the United States are entitled to the free navigation of
Friday, Jan. 7. the Mislissippi.
Resolved, That the navigation of the The house of Representatives at 12 o'river Milissippi has been obstructed by
clock ordered their galleries cleared and regulations recently carried into effe&t at
closed their doors. They continued in New-Orleans.
session with their doors closed until near Refolved, that the right of freely navi.
5 o'clock in the evening. Before the gating the river Miffiffippi ought.rever to
house adjourned it was resolved that the be abandoned by the United States.
proceedings should be made public. The Resolved, That a committee be appoint- following are the resolutions which have ed to inquire whether any, and if any,
been produced by all this secret consultawhat Legislative measures are necessary to
tion. They are the work of Mr. Ranfecure to the people of the U. S. the free dolph. navigation of the river Mislissippi.
Resolved, That this House receive with Mr. Dawson rose and began to speak, great sensibility the information of a dir. when he was called to order by the speak- | position in certain officers of the Spanish er, and he sat down.
government at New
Orleans to obftruét the The resolutions were read at the clerk's navigation of the river Mislissippi, as securtable, and stated from the chair.
the United States by the most folemn Mr. Dawson wilhed for the opinion of ftipulations. the speaker upon a point of order.
That, adhering to that humane and wife He submitted to the chair, whether the policy which ought ever to characterise a resolutions, just offered were not intimately
free people, and by which the United connected with the subject of the president's States have always professed to be govern. message, which, by the rules of the house, it
ed ; willing, at the fame time, to afcribe is the duty of every member to keep se. this breach of compact to the unauthorised cret.
misconduct of certain individuals, rather Mr. Griswold moved that the resolu than to a want of good faith on the part of tions be now considered, and said, if the his Catholic Majesty; and relying with motion obtained, he should move that they perfect confidence, on the vigilance and be referred to a committee of the whole wisdom of the executive, they will wait house. Since I am up, said Mr. Grif the issue of such measures as that depart. wold. I will reply to the gentleman from inent of the government shall have pursuVirginia, that the resolutions have no ed for asserting the rights and vindicating necessary connection with the confidential the injuries of the United States : -Holdmessage relative to New Orleans ; but a- || ing it to be their duty, at the fame time, to rise out of a part of the message communi express their unalterable determination to cated at the opening of the session, a mes. maintain the boundaries, and the rights of fage which has been printed and published || Navigation and Commerce through the and is in the hands of every body. They | river Millillippi, as established by existing are altogether of a public nature and rela.
The committee appointed to enquire into the con-
JAMES MUNROE, Esq. was nominated to the Senate of the United States on the 11th inst. as Ambassador extraordinary and minister plenipotentiary to the Court of MADRID, for the purpose of adjusting the differences subsisting in consequence of the recent infraction of the treaty with Spain.
Mr. White is re-elected Senator in Congress for the state of Delaware. He is a federalist, and had 20 votes--the democratic candidate had but 9.
A line of stages is established on the West side of Hudson's river, from the city of Albany to the city of New York.
ERRA I A.
A communication from a neighboring physiciati, on the Kine-Pox, shall ha e a place.
We acknowledge with pleasure the receipt of “ Ibe Woodman," and " A Comparison,” from the pen of JULIENNE. We think these pieces excel ny of her former productions.
TERMS OF THE BALANCE.
payable in quarterly advances.
To Country Subscribers, who receive their papers The Wreath.
at the office, Two Dollars, payable as above. ON Thursday last Tench Coxe, “ the To those who receive them by the mail, Two patriot of '76,” leated himself in a bar.
Dollars, exclusive of postage, payable in advance. ber's shop, to be shaved and dressed.
A handsome title-page, with an Index or Table
of Contents, will be given with the last number He was scarcely seated when a member of
of each volume.
Advertisements inserted in a conspicuous and commenced a conversation with the man handsome manner, in the Advertiser whick accomLINES
of suds, on the subject of Paine and poli- || panies, and circulates as extensively as the Balance. TO MISS Ħ****** M****, tics. The following is related to have
Complete files of the first volume, which have
been reserved in good order for binding, are for sale OCCASIONED BY THE DEATH OF AN ONLY been the latter part of that conversation,
--Price of the volume, boand, Two Dollars and fifBROTHER, IN THE WEST-INDIES.
the whole of which passed while Coxe was ty cents-unbound, Two Dollars. The whole may
getting shaved and dreled. [The poor be sent, stitched or in bundles, to any post office in Why, lovely mourner! wakes the sigh of grief ? barber however did not know that he was
the state, for 52 cents postage ; or to any post-of
fice in the union for 78 cents. then shaving Mr. Coxe.] And why that downcast look, and tearful eye? Can friendship give to sorrow no relief,
Barber. A great many old whigs are AGENTS FOR THE BALANCE. Nor dry its tears, nor check its rising sigh ? now called old tories, and some are called The following gentlemen are authorised to receive whigs who joined the British.
subscriptions and payments for the Balance : But what has pow'r to soothe a sister's soul,
State of New York City of New York, W. Member. Who are they?
Coleman, editor of the Evening Post. PoughkeepWhose only brother moulders in the clay ?
Barber. Why Tench Coxe and a great
sie, N. Power, Printer. Kinderhook, D. Ludlow, Since waves of sorrow o'er each comfort roll,
P. M. Albany, Whiting, Leavenworth and Whimany more. And raptures cease around the heart to play!
ting. Kingston, Mr. Elmendorf, P. M.
Owego Member. How do you know that ? Village, E. Dana, P. M. Union, Charles Stone.
Bath, D. Cameron, P. M. Walton, Elias Butler, The youth ambitious, sought a sickly clime,
Barber. I know it very well – I was in Batavia, S. Hunt, P. M. Rhinebeck A. Potter, His hopes of profit banish'd all his fears ;
Moylan's dragoons watching the tories P. M. Walkill, the P. M. Manlius, I. Bingham, His was the gen'rous wish of love divine
P. M. Whitestown, R. Leavenworth. Johnstown, when he piloted Howe into Philadelphia. To soothe a mother's cares, and dry her tears !
N. Brewster, P. M. Canandaigua, Norton & Rich. Question by Tench Coxe. How do you ards. Schenectady, J. Shurtleff, P. M. Geneva,
John T. Chapman, or the P. M. Troy, T. Collier, Delusive hope with flatt'ring pencil drew kuow there was no compulsion used ?
Printer. Herkimer, C. Wcodruff, P. M. Lan. His safe return o'er ocean's rolling stream ;
Barber's answer. Oh! I know very
singburgh, Mr. Tracy, Printer. Marcellus, S. Bi. But soon the prospect faded from our view,
shop, P. M. Utica, the P. M. Minden, J. Her well the dd rascal piloted them in of
kinier, P. M. Catskill, M. Croswell, Painter. Hope disappear'd, for death had shut the scene. his own accord--for I was told so at the
Maryland.----Baltimore, C. Prentiss, editor of time.
the Anti Democrat. Clos'd are those eyes which beam'd with filial love,
By this time the patriot had gotten his
Connecticut The flush of health has faded from his cheek,
-New-Haven, Elias Beers. Hart.
ford, H. & G. Printers. His tongue is mute-his pulse has ceas'd to move, nose from between the shaver's fingers, and
Danbury, Ebenezer R.
White, P. M. Sharon, G. King, jun. P. M. His sense has fied-and friends are left to weep!
the reader need not be told that he deserted New-London, Mr. Green, Printer." Farmington, as soon as possible.
S. Richards, P. M. The father ne'er shall hail his son's return,
The truth of the above in subftance can
Pennsylvania.c.-Wilksbarre, Thomas Welles' Nor mother fold him in her fond embrace ;
Wyalusing, Ezekiel Hyde. Williamsport, s. E be proved.
Grier, P. M.
Georgia-Savannah, Seymour & Woolhopter,
-Boston, Mr. Hastings, P. M. Then dry those tears, and let not friendship fail
Plymouth, W. Goodwin, P. M. Nantucket, W, Its healing balm around thy heart to throw ; COOK, the celebrated Circumnaviga Coffin, P. M. Worcester, I. Thomas, jun. PrinCould aught Philander's sympathy avail, tor, when a boy, was apprenticed in the
ter. Salem; T. C. Cushing, Printer. Leicester, That lovely bosom ne'er a pang should know. small town of Steers, in Yorkshire, to
the P. M. Williamstown, H. F. Penfield, Wil.
liams' College. Stockbridge, H. Jones, P. M. what is termed a general shop-keeper.- Lanesborough, M. Welles, P. M. Pittsfield, AshCease ev'ry murmur-learn that God is just, It happened one day, that a young wo
bel Strong Greenfield, Mr. Denio, Printer, That what his providence directs is right ; man purchased an article at this shop, and
Northampton, S. Butler, P. M. Randolph, W. Altho' a brother he has laid in dust,
P. Whiting, P. M. Great-Barrington, M. Hope in payment offered a new fhilling. The kins, P. M. His power can clothe him with celestial light. master of the shop, having seen the girl pay New Jersey. Trenton, Sherman and Mershon, this new shilling, and not finding it among
Printers. May this affliction prove the sister's gain, the cash in the till, accused young Cook
New- Hampsbire. -Hanover, the P. M. SalisTeach all her thoughts above this world to rise ;
bury, T. Thonpson, P. M. Keene, John G. Bond, of purloining his property. Our young May she thio' grace, a christian hope obtain,
P. M. Walpole, G. Huntington, P. M. hero, indignant at this charge upon his And meet at last her saviour in the skies !
Verinort. -Burlington, George Robison. St. probity, said it was false ; that the new PHILANDER.
Albans, G. W. Keyes. Middlebury, Huntington December 20th, 1802.
fhilling certainly was in his pocket, but and Fitch, Printers.
ble, however to brook his mafter's accusa.
tion, he next day ran away, went to sea,
and from this simple circumstance the HERE lies a Bachelor, whose life
SAMPSON, CHITTENDEN & CROSWELL, world is indebted to his great discoveries Was stain'd with vice, and sour'd with strife :
Warren-Street, Hudson. as a navigator Happy, had o'er his Sire been read,
IS EXECUTER + Friends, bere a bachelor lies desde".
WITH ELEGANCE AND ACCURACY.
WHERE PRINTING IN
ed in their implicitly following their file- || his heart." That ancient mode of writleader ; likewise their scientific skill,
ing, which must have been very inconvenwhich has been evinced in their aerial || ient and flow, was superceded by the Hither the products of your closet-labors bring,
voyages, sometimes of a thousand miles, Enrich our columns, and instruct mankind.
use of coloured liquids, or ink; when the without the help of the magnetic needle,
pen of iron gave place to the calamus, a or a quadrant. But waving these topics, | kind of reed that grew in Egypt, but thie FOR THE BALANCE. I shall confine myself to the quill, that this
best fort, in the southern provinces of creature sheds for the use of man, and
Persia. These reeds were split and sharpEULOGY ON GEESE. which, more than any other instrument,
ened to a point. Nor was it till somepromotes human intelligence. Messrs. EDITORS,
time in the seventh century of the chriftian Hail, Goose-quill! while I am holding
era, that some happy genius hit upon the thee in my hand, I will describe and pro- | discovery of making pens from the quills FFLICTED, as I sometimes
claim thy worth. But for thee, in vain am, with that fcorbutic disease, the itch
of geese, This, I scruple not to declare, had Fauftus invented the art of printing. for appearing in print, I have been puz
as it respects the republic of letters, was aBut for thee, fair science would familh, zling iny braia, two whole hours, to find
mong the moft important discoveries, or would be monopolized, as of old, by a subje&t for your · BALANCE ; when, at
which have been made by man. Writing a few. lait, one was fortunately suggested to me
has since been rendered unspeakably more by happening to fix my eyes attentively
The world had been inhabited almost easy ; and the world has been furnished upon the pen, which I was all this time five thousand years, before the inestimable with a plentiful and cheap supply of holding in my hand. Among all the sub worth of the goose-quill was discovered. pens. jects, which have engaged the attention of The old Romans used a bodkin, made of
Goole-quills are among the real necessa. the learned, I do not remember to have metal or some other hard substance, for a
ries of life. They are used in almost ev. seen an eulogy on geefe : be this, then, pen ; and they wrote on tables covered
ery kind of business. They are the props my theme ; and I doubt not but it will with wax. Hence, a famous code of their
and promoters of science. Without their appear, in the fequel of this discussion, | laws, which were engraven in this manner,
aid the wheels of business would be ob. that, excepting the cow and the sheep, was called “ the twelve tables." This
structed ; printing-presses would be struck there is no living creature upon earth, be. kind of pen was also used by the ancient
with a deadly palsy ; and the arts and scilow the rank of man, which is of so much | Arabians and Hebrews. Job, who was
ences would fink speedily toward the state of use and importance as the goose. Were I || probably an Arabian, and lived as early or
savage barbarism. The horse is a fine crea. disposed to pursue this momentous subject || carlier than the time of Moses, speaks of ture, and much has been said and sung in in its various details, I might quote the || graving with “a pen of iron.” Jeremiah || praise of this noble animal : but were horftory of the Roman historian, which re faid, “ The fin of Judah is written with a fes to be ftruck out of existence, it might lates that imperial Rome itself was once pen of iron, and with the point of a dia- perhaps be a less calamity to man than the saved from the tangs of an invading foe mond : it is graven upon the table of their extinction of the race of geese. by the cackling of a goose ; I might expa heart." This had an undoubted reference
Hail, inestimable bird ! What are the tiate on the delicious flesh of this feathered to their manner of writing, like the Ro. animal, and especially on the unequalled mans, on waxen tables, and with a pen
gay plumage of the peacock, and the de.
licious notes of the nightingale, in comdelicacy of its down, that fills the pillow made of iron or a sharpened piece of a
parison with the value of thy quills ! upon which the lovely Chloe lays her diamond. It was also with reference to head. I might also bring into view the this, that Solomon commanded his pupil
The eagle, that pierces the clouds and laudable obsequiousness of geese, manifeft to write his precepts “ upon the table of || wings his daring flight toward heaven, was,
Liberty of the Press, La Person, could legally be compelled to
by the antient Greeks and Romans, con To establish this proposition he first re of the peace and for good behaviour, was secrated to Jupiter. The grave and moody. fered to 4th Black. Com. 256-“ Under forteited by acts which merely tend to a looking bird, the Owl, was supposed to be the general words of this expreslion, that breach of the peace. Mr. Croswell, he the favorite of Minerva, the Goddess of be not of good fame, it is holden that a co:tended, had been guilty of no crime. Wisdom. Id those days of fuperftition man may be bound to his good behavior, He had not broken the peace-nor, in the and idolatry, if the full worth of the goose | tor causes of fcandal, contra bonos mores,
, eye of the court, had he been guilty of ahad been known, it might perhaps have as well as contra pacem, as for haunting ny act which even tended to a breach of been generally worshipped, as was the A. bawdy houses wiib women of bad fame ;
He was merely indicted for a pis or ox, in Egypt.
or for keeping such women in his own libel, and the judges could not consider A KNIGHT OF THE GOOSE-QUILL.
house ; or for words tending to scandalize bin as a libeller until a jury of his coun.
the government ; or in abule of the offi try had pronounced his publications libel. wscas
lous. No one had sworn the peace against como
cers of justice, especially m the execu-
fons, whose misbehaviour may reasonably
so doing. He had done nothing, there. bring them within the general words of the fore, for which, at common law, he was
statute as persons “ not of good fame.” liable to this recognizance. Mr. WilFOR THE BALANCE.
He next referred to Hawkin's Pleas of the LIAMS, therefore, contended, that ex-officrown, ut vol. page 355, where it is at. cio, the justices had no power to bind him
firmed that the author of an obscene book over, either to keep the peace or to be of “Nothing extenuate, nor set down aught in malice."
may be bound over as a person of bad good behaviour. He said that the Atior.
tame, altho' he cannot be punished by law ney General had placed the question on its AN ACCURATE STATEMENT OF FACTS, as a libeller. A fortiori, he contended, a true grounds. For the only pletence which
libeller was within the words of the stat. the justices could have for the exercise of Mr. ATTORNEY:GENERAL SPENCER's
He then quoted the third vol. of this power, was found in the flatute of the
Burn's justice, page 348 and 349, to the 34 of Edward III, incorporated in the LATE ATTACK
fame cffe&t. And from thele authorities ievised code of this fate.The clause or ON THE
he contended that Mr. CROSWELL, stand the statute cited by the Attorney-Geberal, ing indicted for a libel against THOMAS
gave the justices power to bind over “luch
as be not of good fame,” to be of good befind surety for the peace and his good be. havior. And within the meaning of this IN THIS COUNTY. haviour.
clause, he had endeavored to bring Mr. Written by a gentleman abe was at court during the Mr. Williams opened the defence.
CROSWELL. On this ground, Mr. Wilwhole transaction, and who pledges himself
Lams said he would met him. And he He began by flating, that the question be. that tkę detail is substrirsiially correct. fore the court was of as general concein.
was the more willing to do this, as he well and of as great importance to the commu
knew, and at the county know, that na
man, no! not
even the public profe. ied in this country. In his apprehension,
cuior himselt, less merited those opprobriN Thursday morning, Mr.SIEN it was no less than, whether the press should
ous epithets, than the man he was then remain unshackled, or become subservient
defending. Mr. CROWELL, he stated, CER renewed his motion, that Mr. Cros. WELL should be bound, himselt in 2000 to the whims of every magiftrate ; wheth
was a young man-industrious and repu.
table.' He had just commenced his part dollars, and his suretjes in 1000 each, up er, in a free government, liee discussion of on each of the indictments, to appear &c. || public men and public measures should
in the drama of life ; and fubmitting his
fate to the fat of an overruling providence, & also to keep the peace and be of good be- longer be tolerated, or our rights, our laws haviour. and conftitution, trampled under foot, and
he had resolved that his part should be well In giving the arguments of the counsel we deprived of the last miferable folace of
alted. He had chosen the profession of a on both sides, it is not to be expected that | complaining with impunity. It was not
printer ; and, unawed by the “powers
that be," he would perform what he conevery word they said should be copied.- simply whether HARRY Croswell thould They are given from recollection only. be deprived of the rights of a to ceman. It
ceived his duty, though his ruin might be It is not pollible, in this way, to do justice was not whether one individual should
the consequence. There could not exist to either of the gentlemen. Some faint i. fall a victim to the perfecutions of revenge.
a doubt, therefore, that as to his habit of dea, however, of their arguments, and of These were, indeed, considerations of im.
life, and his general conduct, Mr. Cros.
WELL was as far from being a subject for their cloquence, may be gathered from portance ; but when compared with those the following sketches; and whenever it fatal and most extensive milchiefs, which
the application of this clause of the statute, was practicable, their very, language is muft flow from a wrong decision, these
as any man in the community. given.
confiderations dwindled into nothing.- The only question, Mr. WILLIAMS conMr. SPENCER opened the debate, by He enjoined it, therefore, upon the judg-tended, was wliether the mere indictment producing authorities in support of his mo es, to rise superior to party prejudices, to for a libel on an officer of government, is tion. He cited the statute of the 34th of
banish from their minds every bias, and fufficient to bring Mr. CROSWELL within Edvard III, which he said was incorpora to decide this important question upon the the words of the statute ? To establish the ted in our revised code, vol. ift. page 304. solid principles of law and reason. He affirmative of this question, the A torney He referred particularly io the 6th lection faid that, for the purposes of this discussion, General had retorted to English authori. of the act, which gives every juitice in the certain principles were admitted. ift. That ties. In answer to those auchorities, he ftate, power to cause to come before them a libel was not a breach of the peace,
but Aated, that there was not one precisely in persons who be not of good fame, and to only tends to a breach of it. 2d. That
Thole which bear bardelt upon give furety for their good behavior; and the truth of a publication cannot be given this question, only ilace, that such persons under the words “ be not of good fame” in evidence as a justification of its author. as (peaks words dending to fca: dalize the he contended every libeller was found.- 11 3d. That a recognizance for the keeping | governmenn, or in abuse of the officers of
justice, might be subjects to which the land. But, said Mr WILLIAMS, I will not stop here. erty of the press. He defined the freedom of the ftatute will apply.
Altho' the very ground which the public prosecutor press robe, a right to publish what any one pleased,
has himself chosen, totters beneath him, yet I will without any previous restraint, being answerable He contended, that " words tending to
adduce some authorities decisive of the question. He for such publication. scandalize the government,
could not then produced a book entitled “ a digest of the law of But, said Mr. WILLIAMS, this recognizance would mean words representing the particular libels,” and from the 41st page read the following: effectually banish Mr. Croswell from the profes. condu&t of a particular officer of govern
" no man can be bound to give sureties of the peace sion he has chosen, and deprive his family of bread.
for these reasons," “ because there is no authority or He is now called on to enter into a recognizance, ment. If they could, he said that the vi
even ambiguous hint in any law book, that lie may himself in two thousand dollars, and his sureries in cious conduct even of a constable, truly be bound-because no libeller in fact was ever so one thousand dollars each, upon each of the indict.
ments. bound-because no crown lawyer, in the most des.
Thus he will be bound in eight thousand represented, would subject a man, to this
potic times, everinsisted he should be so bound, even dollars, to be of good we': zviour To forfeit this recognizance. He also contended, that
in days when the press swarmed with the most en. recognizance, no breach of the peace is necessary. " officers of justice” meant judicial off venomed and virulent libels, and when persecu Any act, tending to the breach of the peace, is suf. cers only.--And, therefore, he insisted as tions raged with such uncommon fury against this ficient. Should, then, Mr. CROSWELL, in pursunig these indictments charged Mr. Croswell species of offences ; when the law of libels was ran his profession, say any thing, however true, tending
sacked every term, when loss of ears, perpetual in to derogate from the dignity of Thomas Jefferson ; with writing words descriptive of the par. || prisonment, banishment, and fines of 10 and 20,000 should he simp:y state that Mr. Jefferson is a deist, ticular conduct of T. Jefferson, who can pounds were the common judgments in the star his recognizance is forfeited. Nay, should he faith. not be called a judicial officer, this author.
chamber, and when the crown had opened an uncon fully represent the slightest misconduct of the most
trolable authority over the press.” He then cited 2d inferior officer in the community ; or, if a member ity could not bring him within the mean.
of Wilson's reports, p. 160, ihe King against Wilkes. of this bar was guilty of the infamous practice of ing of the words in the statute. As to the He stated the case to be, that Mr Wilkes was com swindling, and he should represent his conduct to auihority Hawkin's pleas of the crown,
mitted to the tower for a libel, on a warrant issued the world--for either of these acts, though when he denied, that becaule the author of an
by Lord Halifax Secretary of state. This warrant convicted by a jury, no court would impose a fine
was the same in effect as to all the purposes of the of rive dollars, he would forfeit his recognizance, obscene and feditious book, could be
present case as an indictment
Mr Wilkes was and he saddled with the enormous sum of 8000 bound for his good behaviour, that, there. brought into the court of King's Belich on a habaes dollars. Is not this a restriction of the press' With fore, one charged with a libel might.
corpus ; and there a motion was made that he be this recognizance hanging over his head, would he
recognized to keep the peace and be of good behav. dare to perform his duty ? No! he would dare to The cases he said were extremely variant. iour. This was opposed on several grounds; but his publish nothing, lest the eagle eye of the prosecu. The first was evidently always an offence counsel contended that no man merely charged with a tor might Starch out some phrase which some court contra bonos mores. The last might not
libel, before conviction, could be thus recognized. would determine to be libellous. He would stand be. For, in this very case, altho' by the
That court, altho' disposed favor bly to the on the brink of a precipice ; and, while speaking
cutor, and opposed to Mr Wilkes, were unanimous the tru:h, and perfriming his sacred duty, he might strict application of Mr. Spencer's doctrine, against the notion. And the chief justice Pratt, af be plunged head long to ruin, without a trial by ju. that “the truth cannot be given in evi terwards Lord Camden, in delivering his opinion, uses ry, for the smallest possible ottence. This, Mr. dence,” Mr. Croswell may be convicted
the following strong and conclusive language :"1 Williams contended, was levelling all distinctions of a libel on Thomas Jefferson ; yet, it the
cannot find that a libeller was ever buind to fini surety in punishmen:s. For the smallest possible offence,
of the peace in any book wbitever, nor ever was in any the person recognized must sufler the same severity charges in his publication are true, the case except one, to wit, the case of the seven bishops, of punishment, as for the most attrocious slanders. publication of ihem, so far from being where three judges said that surety of the peace was There was neither justice nor reason in such deca contra bonos mores, was his facred duty,
required in the case of a libel. Judge Powel, the trine. That all libels from the inost trivial to the
@uly honest man of the four, dissented ; and I am most henicas, slov'd receive the same punishmeni, and inust be beneficial to the Public.
bold to be of his opinion, and to say, that case is he conrerded, was an absurdity which ought to be, Bar, said Mr. Williams, every sentence adduced not law; but it shews the miserable condition of ilie and he had no doubt would be, scouted out of court in support of the motion, is taken from some ele.
state at that time. Upon the thole, it is absurd to by every honest man on the bench. mentary writer. Such writers draw the general out require surety of the peace or bail in the case of a li He contended, that the jury was entitled to judge lines of the law, without descending to particulars. beller, and therefore, Mr. Wilkes must be discharg of the extent of a libel. The trial by jury was guarAnd on questions where such important considera. ed from his imprisonment whereupon there was a anteed to every citizen. But if this doctrine pretims are involved; where the real freedom of the loud huzza in Westminster-ball.”
vails, the court takes from the citizen that sacred fress is attacked, and the rights of a free citizen He then read an extract from the speech of Mr. privilege, and places his fate in the hands of every threatened, the court should be cautious, how, by Fox, in the British parliament, in the year 1791. magistrate. Any magistrate had only to bind over the loose dicta of zereral writers, they are drawn Enumera:ing the dangers to which the press was a suspected printer, and, in process of time to declare into a discussion, which, sooner or later, they will exposed in England, he said, “ In the present en. his bond forteited ; and whatever the nature of the wish to bl it from their records. If the principle lightened age, he certainly had no reason to fear libel may be, the printer is ruined. And, said Mr. was sound, he asked, why the attorney-general, that previous restraints would be attempted to be WILLIAMS, shall we be told that ih is no restricwhose situation musi have naturally led him into che
imposed on the press. The good sense of the times tion of the press and of fair discussion ? It is laying widest researches on subjects of this nature, had ad would not brook an imprim tur or previous securi the axe at the root of republicanism. It is closing duced no adjudged case to support it?
ties of any kind for good behaviour." Hence, he every avenue of information. And if the attempt The time had been, he said, in England, when said, it was obvious that in England no magistrate meeis the sanction of our courts, I do not say too party raged with violence ; when internal commo would dare to attempt what this court is called on much when I speak my solonin conviction that the tion shook the kingdom to its center, and when ihe
strongest bulwark of human rights is gone forevcourt and bench had united in every art, in every in. Here then, said Mr. Williams, is an end to the Our governors, our magistrates, may trample vention, to shackle the press and quell the murmurs question. To the loose dicta of elementary writers, on every right, and the eye of honest censure will of faction. If this is law, if this principle could be I have opposed authorities precisely in point. I not dare to expose their crimes. Peculation, perse. endored, would it nor, he asked, in those times of have opposed authorities which no art, no ingenui. cution and immorality, may hasten our country to turmoil and persecution have been discovered? There ty, c2u evade. And, said he, is this our boasted the great tomb of all republics, and no one will dare is, indeed, said Mr Williams, one case in which the
liberty and is this the republicanism about which we to check their wild career. The power of juries doctrine advanced by the prosecutor was recognized. have heard so much clamour ? Is this “ a monu are assumed by magistrates. Those magistrates are He alsuded to the case of the seven Bishops. Three ment of the safety with which error of opinion nay appointed by the · powers that be.” They may of the judges declared it the law of England But, be tolerated when reason is left free to combat it ?" become the creatures of power. Every magistrate in the language of Lord Camden, commenting on When federalismi is dead ; the sedition law no more, will bec me, in effect, a licencer. Nothing must be this very case, “this adjudication only serves to shew and republicanism triumphant, shall a republican published which might chance to meet his disapprothe miserabie state of atfairs at the rime.” It was an prosecutor dare to urge a restraint on the rights of bation. And thus the old star chamber policy, at adjuslication which even in those times of persecu a freeman, on the freedom of discussion, which no the very mention of which liberty shudders, is retion and uproar was viewed with horror by every crown lawyer, in the most despotic times which newed in the plenitude of its deformity, in every honest man in that community. And Judge Powel, England has ever known, ever dared to attempt a village in the community. the r»nly honest judge on the bench, entered his sol gainst the most abject slave. Or shall a court of Against doctrines pregnant with such consequen. emn protest against the decision. He firmly dissent- l justice carry into execution those malignant schemes ces, he conjured the judges to make a resolute ed aid thus rescued his reputation from that gulph of persecution which that prosecutor may dare 10 stand ; nor to sacrifice, at the shrine of party-spirit, of infamy which swallowed his brethren, as Lot res frame. He called on the prosecutor, thus pointedly the victim which the attorney-general had already cued his body from the names of Sodom. I trust the and conclusively refuted, to forbear his attenipis and bound and prepared for the altar. Mr. Williams time never will arrive, when, in speaking of this ve in a free country to perniit the press, that holy pal. here closed a very able and eloquent argument of an ry'case, any one can apply the same observation to ladium of our rights, to remain free and flourishing. hour and an half, and was followed by Mr. Van this honorable bench. The inference is strong and Mr. WILLIAMS then stated that this recogni. Ness upon the same side. irresistable that no such law ever did exist in Eng. zance would operate as a restriction of the true lib.
[TO BE CONTINUED.]