Newspapers / The Raleigh Minerva (Raleigh, … / Feb. 17, 1801, edition 1 / Page 1
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V C. -A . r npott rithoue n eacb npr, or of the 1 ft ate, rnts. ' 'oreigo upon ut ref ich fet, the as (hall rf one idendi ollars. Ills. ot e. cts. rs and dot. rs, jIs. '- 1.'. - t " . hjeii jjvbiiy TUESDAY ay HODGE. W BOTL AN. - ' T U E S D A VJ ;FfbVuart lici. yo.Y.:NuMBi53.;:;;::r Congr ess :hJJ' States . iuva rrant itci at led- in )ts. cafe ood taxes, legal 4 t. ' ; ranee:, f the other eding its. IB. f tcrt rsv of f vel-eable DEBATE oh th "SEDITION LAW. (CoNTiid.) ; ,r. ii committee, Mr. Marru m tbt chair. Houfe of Rreprefentative io committee (hhoet upon the Report of the com mittee of revifal and nnfiuifliedbufijicfs re-, iforaroeadinir the continuance : of the Se&ti it'm Acl without limitation of time. v , iMri Jfwt moved .that tne comnuuee oi the' whole concur in the report j .upotr viK'Mr;iilrJhn calfed for the icafodi ofthit extraordinary 'meafurei Mr. Piatt faid lie had intended to have temained Client but 1 a the RpafoiiB lt ft you tbat tne Law now unoer conuaeraii oovhad been objefted t.o, on the grounJ -of Conjltiutlonalitj ai well " 88 Expediency The committee whe made tb Report, lup pofed the law to be petltTtly confiflent with the Conflitution and highly proper and ex pedient; I will not '(faid Mr. Piatt) un, dertake to repeat the arguments which have fo often beta ufed to prove the conjh'tuti onality of the lawr bcaufe I prefume, they muft bt fimiliarto all who have attended to the fubieclt and' becaufe I think we have a B right now to confidcr this polaitcttcJ.. 1 It is e&abliflied by tht concurring opinions of both branches of the LegiUature. of the 1 Executive, and pf the Judiciary. It is im W pofOble to dem -"ify-ate truths of thii kind, fl with mathcmatfi.il certainty ; there is per J55 haps no article of the confiitution on which i every body will agree, in the fame conftruc- 'H tidn -and v gentlemen will not relptct the S deliberate, folemb.. and uniform- decifions f at our hiffKVft cnurti of iuQice. 'concurring r I - - . ' .-- . . o -- jff ihe fame interpretation; of the conlitutr he more rcafonable than this t la there anf' uung in it woicn an oocca maa ou o, dread i -U -t'-:. . . goverooientv'aiiofe llothef i depitdent upon the breath of popular opt nion f It cannot exift without public con fidence : Part ie and factious demagogues are infeparable from it s W if the gove n ment will npexert the power contained in this law, it abandons 'the rrnoft eflential, means of felf pnefervation, , The power.of punifliing treafon itfelf, is not more nceef- fary to it, nor iurm.y ' Opinion, more iairlw- ucuut'Uic irorn me COUlMlUHOn. ' : (We have lately been told with an"air & trmtnpn, mat " a ueiatratr of tbmgt it Jbori ly to talc plate' and that' the Sun of Ft deralifm h about tofet j'ttfver,' ,. I , I confefs Sir, 1 dread with horror th( awiul uight whiqU ii to, Wlow . But; while I have a feat here, "xhefe.' threats will ha the Report had been, demanded, he would 1 nBIMl W.'tna w, I hae undertfkeTo" here- 801. -e lait their arch- I by upor witlk Feb Hum,' ce of ive a i or n'wg er of nent the rke and : btf lum, ) be'- II be beets ment per, their ired any tffice lift tiorr efit- 1 be Gee,.- ied .Ai-' the lent : romv the 'ear " a20 ii be Ca- i tlie- I H-..' 1C- on with the other departmcntti! if the go - Tcrnmentr 1 tin iperctive no Telt by which we are to determine the true conftruftion of the conflitution io- any cafe whatever." IT gentlemen terafe- to admit this ftancard, they adopt a principle -wbioh not only in- fringes,, but ahfolutely deftroya the Condi. tutioo : becaufe, to deny all the rules and evidences by which we can afcettain its roearung, is to deny its exillerice. 1 If gen-v . tlerhen on the opp'oOte fide diflike the con . ftitution as thus interpreted, it is incum bent on them to ptopofe amendments. Do they pretend that the Lcglflature in paiCng the law, or the judges in their, adminiftra tio'n of It, have afted corruptlr t then it is t their duty ! to bring forward , an impeach- j r.T6 jLhbk fir, who are accuflortied . to cbhfider government as an Evil, and who fuppofe mankind require vety few Jaws and very "little ;rf.S.raint,t' .the conAitution no i doubt mud appear very lin-.itted in its pow t ef s, ' L-'S'qch" men viewiVwijth; an eye of jea Joufy, and are always inclined , to conitrue . it with the fame; degree oftnflnefs ai they weuld a penal ltatute. Juut. ur, tbole who really believe that government is a Bleljing, will alfo believe that .the Conflitution was defigned to fecure our political happinefs, that it is Ihe ;Fnend, aud. not the Enemy pf pubhcberty;?-they he power and provifiQris of tlie cpnftituti- '-on'arecomWnwvate:vitVfat:.ob'; jeas. ; apq tney wit t.atuaii) ive it a more lib" al con ft ruction. V It is thercfoie not'aV !air furprifing, ' that Xuch different tempers,' and fuch different habits of think ing fbould have produced different opiuions on this fubjta.v , tUC lu" "v, " Ai to th expediency of ihe meafure now sjnder coofideration, 1 confidcr this ftatute a,'s)';'wife' andwKolefoinej modificatiou of .the corpmbn law." . -iL'L The dofl rtne'o f pur'ffdoj oI3 mother, the common law, is very , tigid oh t be fubjeft of, Libel, and fuch aa I think incompati ble with't the ijptrlt of a republican goyeirp mn54.sJat'ote: fif, mitigates that ri gor and ;WiTtleratuat fjgb," of ihft government and the individual and places them' id my opn!on,! on the"; moll fait and teafonable grounds. , On t,he one hand, go Vefment 'has the means of piotqjting itfelf againft falfe and malicious flanders, and fe ditious practices ; on theothtr hjtnJ, any .pejfan.lai tight. toInvt JUgate,-to cen fure, and accufe the condufl of the govern ment, fwjtVefcTecurityJ''Vunlefs it can bt fliewn' that his accufations; are . falfe and malicious, and fuch as tend to defame a virtuous admioiflrlibn. - ; Can any thing' oiit any reference to the ftate of parties, without any regard to this new order tbtngti with which gentlemeff are plcafifJ tothr.eaten us.- I thiuk the law, now ti--der conGderatioii,' is proper vin ftfclf : it ii expedient at all timta, and 4ipder every aJ mlniflration. I believe it has been falutary in its .cffe&a-; and fa far a my information has extended, its penalties have fallen only upon thoie who delerved thent. ! It is a rule to which I would fubjecY others, and, to' which I cheerfully tobeait myfelf. ; ; " . Upon thefe confideratioas the committee who reported ibis resolution fuooofe that our duty to the government, and a regard to confiflency which we owe to purfelve, demand that this law fhould be continued, v Thofc who deny the common law. jurif diftion itt the cafe ofjibels, have affcrted, and the aQcrtian has been repeated io a thpufan4 .jftfuking formsr hatr tbis flatutc was framed for the purpofe - of fencing round the thatacler of PrtfidtBt"Adams, aad to fcrecti his corrupt ' admliiifUatioii froill public fcrutiiiy.j ;aid;ibat with 'this:ew;it was limited in its duration to the period for which, he . was chofen. It has lately bsin ftyied "thejttLralfafeguard.'.' - - ' ,.7 Sir, . ys iioo have a fair opportunity of proving that thefe ionuations ate a foul af- perjion oFour mot ive . This confide ration1 however uTnot arfuficient motive for afling1 on this floor : But'-thufe who admit that our courts have cognizance of thc,fs offences at common law, will perceive much ftronger reafui)8 why this law ought to be continued The arbitrary rules of the common Jaw'de clare, that in criminal profeciition's fof li bel, the truth of the rwords charged as a li bel, fhall not Se given in evidence another; rule is that the court excludvtly fhall judge' of the law, aud the extent of punifhmenc depends oo l,he difcretion of the-court all mofl without limitation. This flatute de clares tha(, the truth fliali" beja.dinitted as a ju'flificatioh j tbat the jury (hall have a iTjcrht tojudge of the law, as well as the. fact aud. limits the difcretion ofthe curt astd fine and imprifonment., .Tfce co nmori law ribd trines aie certainly very .rigorous Vhey are not fuited .Xo a free, elective 'government, s a recrard to public liberty demands this in-i terierence of thc(Legiflature. jri.it, is ofj great importance at this period ifpecially,' to lecure to- thepeople pf the p. States, the faired right of cixin the troth in evi dence. If the tun of fedtralifmle ohut to ft,'' t hope, gentlemen trrr the ocpofite fiJe will confidcr, that the liberty off peech and the liberty pf tde. prefj't, I mea.o, the Kberty of peaking and printing The truth, are tlie foundation and fuppoit .of a free govern ment : they ought to be prized above all price. . I befecch gentle in to to tecollcct, that the right, of trial by jury, is the pal- Iddium of liberty : and we fhall now have a fair. opportunity to difcover," who moll refw I yeflthefe important privilegea, , ; r mr. xana, iaia, a principal ; part ox the ipd a moft, wilful and grofs corruption. 'As Tt would be extremely improper to !eav fo Itharge in this " unqualified manner, MfO.; would - proceed to examine this1 conduct of the judges of He Jllniied Statej. Who are thpfe judges ? Nominated by the .Prelidehc ibf the United States;' and chofen bt the Senate agreeably to the conflitinroo r ttowvlong 0rat" whole ple-furc ace thefe" judges" to continue In; their high loRkei ? At the,pleafuie of no iiub,' nor " Jfet of men but during good bejiavior,-r-Suitly if there be any part of he governmeri:, or atiy fet omet irt the United -Statt. who were placcL.above the fpuit of party, and be ;yond the reach of conuption, it is tile juJes of the United States j and yet, a .Doveaa others, thefe ate the rr.ei charged , ith ai party fplrif, and with corrupt pnu jCiples-t-thtfe men who are fingled out as nen of the"m l profound jv'fdorn' and Jnte -g rltj am?.'ii) and wlio'aie fuperior'to the oreau oi rvfuovaj Irom omcf, exceptin Jt bt impeachmentfor tnifhr1i(,ir remedy f The poifpo it fwallowed beyond tf he power Vf expulfion. eveo by the m,oftv powerful" antidote;"4If this then" be'true, '.il'iCXo4aaMeTcheL ouhc to be provided id; due time, whilfl vet it flUilIf??rJo.oiplctelyrw bl harm.': "I'u r, . Mr. guana t alked could tefult f;orn thi law s he 0bfetye before, it was nourjie wilt or Uc jmlge Jhofe , arbitral yl party fpirited charaaersl - No, 'yeiylxaufe is that could convicl. fubjiitttd to'a iiHT of twelve hnnft' who are fworn Ay decide i.pon the fadt; and the fccmiiy is fu great that if but one maa cut ofthe iejve (hould be oi opinion thai ti e perfoii arrsigned is not wilfully aj96f feni!er, and that he, has not Jraduced the the fubftance of 'the arguments of gentlemen in thv oppofition Were calculated to prove that the admini flraion of our country was wilfully corrupt." They had tld the houfe that ttecefTify tef tlmony had beipn fefufed, and that the v4- ,r;ioos abufes of hia kind ha.d aftually occur, red to our courts, who were aftdated.by a fpirit of party, - to the great injury of per--fona not born in this country. ; 1 . Mr. Nicholfon I fpoke fa&a t I did do; fay the ad niniflratioo was wilfully cor rupt i thefe ate the gentleman's trwrt words Mr. Dana. - There could be ho other implication from the gentleman's'' words, nor was it in the power of human inventioa to diftnguifh between a violation bf the prio ciples of juftice iiathe manner leprcfented,'. this ID TOCn afTume wly this law Utauid not Le con tinuej: . t " ' . . h Would not prudence dictate, would noj 3ffice;' that juaice Which 7 due to jhe cha- hfleharges would be even fugellcdr t lie1 proof pught to be decifj ve j that it ought td be (jamrilng i" Thfa his not been pro- i ,He would not go yuoihe deXaJIs, of the. law,; but "examine tt' 6pbn"hcfil 'brinci- .ples. fe would adniit that there had been much oppofition to'thjs liw,' and thVt mofl particularly ; it had - been 'opDofed ind'toii; e'rhned by the Iegiflat.ure of one of the larjj fll vftatfs.in'the H'?e) Pdgc of a ,'rreafUreVupon"be oT''- he ; Qvef awed by--tBeoititio" erg: rior bv the "remonilfanWii of tli l.!f. Uaiure 6fanvftate'whitVieri!"ri'ih!iriitii' aSJ ith alpTrit. of indendente. J J?:' vuVi" F"fgiiciC8 or. icjt uate, and many of the peoofehadi een io IV aign to their tremelyeakV acd prtfal judgemenl, thecoipmon law t t'he.exillenct of it Ivas altoeether deaied That common faW which "mofl undbuyedfy fecureri tQ'eve , 7 w!.u,u ii a muii cnucatcu rignis, ana tiffdrdtd' feerii ity againft every fpecies of le gal oppreKHon, whilfl it pVefcrvej to the govern aient that proteclion againft theliccn-: ti6us'Jn'd,falfeilandera 'whfch poUyted firnc of theyprefTcs of the U; States,1 ad main;, tamed upon ' eflablifhed ' prinfiples,",' the tights of our jurjfprudcnce and par niorali J yrrThirwaC t hcltr ue cliaTjcicrbF wlwt was fttnied the cbmmoh law,' '-y vC iVii f , 1 1 Would ; feem tbvb-irai Mr.' Da naf. id',! that no honeltman-could wifh for a liberty to utter defamation'and falfthbiij.' .It was ptrfeAly incompuheiifible to . hTmi how a man who held dear the principle 4 ' jjf libet ty and of food government could atteinpfto Uttet . fairehbods aginll ! the Hgoyerbmej. Tie" rights of the people ' and of th$ ptefs, were here' held up. ' How, lie would afk gentlemen, 'could thei ights of tlie people" Require a liberty to titter falfchoo'd ? Ilo' c6ulditberight to do wrong? If this was lib'ertyi hehad beeri hitherto totally igno rant of its principles, ndjflieikieiuaia. for-'And yrtjhe onlycrime . made hy that pvt brthe law, fo much thc fuhjiJ of com plaint, ' is the uttering of a ; fc'aiidalbus: afjij malicious falfehbbd, wuh iiuciit tp dtfaoic Muft certainly t.riith is not alwiya the no-' tive of inveftigating the meafurcs of our go vern merit, and ftf 'far as truth , is Ideviated from," 'fo' fax is the government libelled; and virtue proportionately becomes' beclouded by toifrepiefentatio'n. Could not public o-' pinion become corrupt ? Could no falfehbad uc uuicininacu mat wouia gam creait nom the peojsfe ) Then how could gentlemen ctcajUipofe 4hatWh":mu.ft'iovejr3j-come- falfehood I how could they jtuppofe that mifreprefcntatioh' aiiir xalumriy cdal$. do ; rio manner of harm ? How bfted are government FaTcJy and inalicioufly, Jjfe suuft be "acquitted of the indiftmcnt. , . . 1V hat. bellcrJtaxiLtbahe4iberlf rit in individiial can be pufented (ban this i The irig on. only anfer genOeniqn can givci that the ..Yet j jurit3, arc packed, .,. But hewould afk, irentU- vihctfur tfie juries were t not returned faMv in this as in other rar' nnJ.. ki la ws of the land ? If then there was an evil, !?. a5 no' faWi applicable i to .thii law, but tp all laws, and o the generaT principles iipon which " janes were cbjleiftcd. i Hi Ujiori "rfiV "wliolc he canU but untoundtd arguracntg in oppofltibn to tf'hlw&w i tei&ineo had t no-other charging the conrts aud juries wiih cbrnip tiori. And when ' men began to charge with evil defign the fanuary of juilice, it twife'.V ad'eu Jttt all public BappV Popc: U tj ,T the bltljinga;: of ,rret,dom ::,4:J..rU-- Mr. Huecr acknowlcdrl tfcJ:W-,Bj" "nl-i&rpfbcdZwhe T J? comintttee pf reVifal and ;uufinUhcd bdfi.iefs was" firfi wd. and vfoun4 it to be jheir wifh tp renew iodttntioue W We (this ar, fo well known by the appellation 4 , . fthe feditibn law. . It had been generally iUnderflood, he thought, on all hands, that Jthfs aft would" be allowed to expire in peace, . , ai without further' notice, oo the 3d of March next. As Jhe fubjefl, . however, was . again brought forward, he was happy to , . berceive that gentlemen were inclined to K 11 h calnonefj andi moderation Theie appeareatndeed, no gcat anxiety ia the committee to enter la'rgely into the dif cufSonot thisueaionneither didie feei : ' hiinfrlf aiiyjilrong inclination to dofo. Bnt a be" fhould in the prefent iaftaHcc wdbablrt? ,witiu wjijjuuiiyo inc lenuments ojr molt of tjiofe with hoc( he'was ufually is thcf habid of aiain,' he would bec leave iofta 4 fome of the leafons which led him to differ ' fV.m Jhcm on the prefeat- pecafion He , It fome ...little pain, however; he, acknow- j ler'gedat the idea of difTch ting; from aad ?? jaing f ji; otfpoii t ioo to. tusTTric nda on tbia " important.audjfltcreftinff QucftiQO.' b.,r- no man. had a flronger ;tonvictjion han him-i felf. of ihe general correcnefs of their poli ti.cal views and principles, or was snoreperi fuadeij of their honelt intentions and mttll I Otic view. calumnies and falfchoods publiQicd againft the government j but when is a ebntradic tion of thofe falfthdods ( fecu in the fame paper ? I'Noi ,'falfchoods will have- their ef ftft,u and even if afteiwards confradicled, it is not fo until the falfehood has had'itl cfTecV and at that tinic the truth avails but little.' ;Xhli8y I tlMHigVupon general prlnbi. plea truth may be faii to be an intidote; to falfehood,' Irath'does hotCTalway's make its appearance in time to prevent -the tvif in! teadedrby the evil difpofed Suppbfc the j teputtion or the government to have been auacked; and the afTedions -of the' people weaned from it, bf what avail will be the 4 Mr.- Huger faid lie. would npt enter into --an invcligatibn: of "the conilit&tionality or uiconfljtutionality,;bf this Jaw'The gen tcirien who preceded him ha nbt doae it,4 'nd it would become him Icfs to do fp ji for 4 ali hough it was true, he badl Dcver given it the fancVion of hi vote, yet if he felt any doubt? as to the. '.cnftitu.t6naUtyof ,'thmV, lawj it would ceruitily; comewith a ery ill grace ft 04a him to urge them" at this lato 4 day, and in the preient Bate ef thing t Waving then, the que(tipn ofjconflitutN. onality,, Mr. H.; eallcd upon gentlemen tc ,f ' fHew the expediency or necefiitrbjf rtnewi"; lag thiVacV and-contiriuinef-it longer ia t m ' V'i't.1. --- 'Lit. 1 T 'ii Jt" iui . a vi in, jirt, . ue ia oerw ooining. ; "otSr could he "fee aoy-ireafop," ;wh(cji .led ainj";i! to think fuctt'a meafure tf;hcr expedient or-: ing that 'pongrefs 'jStilxpdf, ooal power ot laying wmeirencuoos, on -the-'Iicentioufoefs of the prefs .ajii.of pu niihing libels, yet it "certainly doeanotot t,y "lowr of .courfej that bey mufi cefiarily,,a,, at'aJI times and pa all becafionsi: carry.that:, y y: 'power: into operation. Ia' time's of immi.;4 , it tuigm uc proper to avail oqrixives otjuca , 1 a power. And luco indeed was the itateof . inings, wnca mis uw was ougipauy enact. H ed. Our -coutitry vvas thatlime jhrea teieJ with' foreign and- perhaps pmefiicjT? wa;r W bad to guard againft tuo machlj -.-.- . -; 44 i m -. I U -4 'or f r- 1Z
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 17, 1801, edition 1
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