Newspapers / The Raleigh Minerva (Raleigh, … / Feb. 1, 1803, edition 1 / Page 2
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i 4- . . 7irVgtotA!iriti6ii of yt&tr&ij x little; that fubj'fti VAtrtbe law of the cafe, this has been fuhVaiid fatiafa&orr dated by w- Mr. Marfkal). Permit me however toi make a few observations on the neteflity of the prefcrvation of the liberty of the prefs for the profeftion ml thoftblcflings which m now euiov. and. on the important que. .Jkfon, whether the prefa.Clhat gteat palla-d dura ml the rignta ot Americans, u wo? free t or whether it is to yield 5c bow to the; earth before tue vmaicvve ipuu 01 unw; individual. U Briton, SritainV; 'tht,1tiagdii where monarchy, towering : aloft, fwjya the Iron ud bf JelboitJfoi over a r at M iiifiar 1 n rn ornr rap mi i is. -i . cy, ftalkhg in the grim and fulieo pride of tyranny, holds in fuhje&ion the inufftfnfiye and induUrou labourer1 : In that kingdonf 't fay, were(a meafure fu-h as tbe'pttfent, foughfcfor, much lefa executed, the daring, agent ip the Wir.cf. would attone for his tafhutfs in V manner that would awfully difpkythe dangTr,. and (he inevitable fate, v that njull al.vay'iawMit thofe who dare tram, " p'c.upfvn the ficreTl fin&tiaiy of the prefix lmmrdute dellruitoii wouu be hurled on hi hsaJ, ' arid t&e rVfca of-bia o-uiiUy would be tlic.fis'e -irmi.nfr of hrs death ;,I4fe-tiBaft6"iTfhl!";ttitTita, has not oeen the fpttune of thxpeijm now folkit1 in? i he court to enchant the prd. Is it- poffible that: he e, Mrhme liberty truea. ids -where 'reeJwm fl mnfhe', and where "Br ice is known but ihaf of I'Wtty t it ' "pc'ffiblr, I fay, thai it "fhould, be fenoufly propofed, nay almoif curomatidcd,. that the rtofuMf prdducrs an J tyranny iufli&s ? -; But ple'afethe court, by whom is this tx r traordinaVy,'andJ will affirm, Ainwarraou ble pofition made? By 'a maa enveloped in the cUu J of psflrri, and'eYgei to grati-: fy his vengearcerj man vno,"'fK three' yeara fiace appeared as the chl'" pipo of li bcrty, eealous to protect, r'toro the impure . touch of arriitocMfy, that venerable fabiic which - he now . fee ks to de ftioy ! Where then was the bad fame of Caller. derof that Callender, at whofe nam?, wetre uo.v t Id, that Humanity fhnddets, and juflice foo j with jndtnation f But let me tell that 'geritletian, the thra advocate of Callender, that at an encroach-nent on the prefa, liber tf indeed, frowns terrible indignation on !tbofe vhor attack her facred palladium'.'' .. Mr. Hi) then iuterruteJ Mr. Rind, and faid he did not appear in 1798 the ad vocal e ot CalleuOer, Out to att.ua ine trie, dom tf the piela. Aud fxlo I now (re plied Mr. Rind) I da not come here the advociite of Caliendcr alone j 1 come here to ward off from the ftcrcd guiadiac 1 of our tight a ; thofc dangcri which at prcfrtit . threaten it": and I fay again, by thar man, by Mt. Hay, , wh in 1798 appeared at 1 OiV 6, 6 dtreud CaiUnder ana to defeuii theprtfj. Clflen ler, aud iht trctdom of the' prefa were then iiifcpciatdc ihcy die DowJnfepafabie, But' I ak Mr. iiay where then, was the. bad lane of 'Calidocc i where then wifjhis 'uororioaaiui.ai'ji.i al- """tiiough at that period he u ViOSy a iilnl, ler -altho' he pauitdi toirf 1 ts O Harder and darted calumny in i4 bit. teritt fa. irt agaiu.'ll the a"ftrrn8 of the immortal W c'fniWgidn 1 Mr, H.i'y Wji, fiicfi:. His tcnJei tceiiwgs vhtre not wcuirded. He uiJ not on thai occafion come forward, as he how dots, to 'eompiaio, pf Callender j. he did not (ben lo licir the coutt to bind up Ciiendtr' haiidt, Vrtd pi'event him from routing the name of Wjfhi'ngton, the father and faviour of this country ; that facred: aie whi.ch.wifl be recorded," deeply riijiurdeJ, in the heart o every American, when the names of Hav and CHiidcr will Ik .no jonger t emc inher ed. ' Mr. Hay here" agaio intert opted, Mr. Rind', by fajiog, that tbcfe worfla altho' tbcylmigbt be true,' yet they were not very polite 1 but the court brleied Mr, Kind ;o pfoceed. 14 Yea, calumnv waa ih.n eihi- would with to obi a.o juflice trior mpde ..f. .'1. 'if.. -i .t-.y - .!.i re jummary iii.irui do not fctaple to affirm, ownfolemn promife, he authorifed the rob that they are to. effect greater enemica to bery and rutn olthe rcmnaftti of bit army.", jrttoeroirivea tfian to the noeuctjaey prole- Ltxuipuw. uciurc . pan page 'V difctmeut oT Xmerlca." He approved of V'would wtfii to obt the Jqudina; fy Aeoi, the affumptioo, the !of;ptQceeding,,,ii.o national ban4,J add, jo leantiradictioii to hit by tbeir. peert, I bfted in its blacked form," indeed J -But Mr. Hay tvaa fileor Thofe feelings of his, which' are roufed at prefent toeiodictivV re vtnge felt not he finart of Callcnder'a pen, nor were ty rutned ty tne apuie, ine wan ton abufe, which waa heaped on Wartiing ton. The -foul page of 1 ho, Profpco be fore Ua, and the polluted columa of the Ex "a miner, which teemed with the tiilliiiga gate of Cal!endcr had riot the fmallelt cf fe& npon him." Mr. Rind taking up the PfofptS hefori Vt, Read the follolhiog paf lage :--4 The followiog iudancc out of ma ny, fhewa iu what way Mrr W(liington transited bufitiefr On a queftioo that was to come before the cabinet, he previ oufly iflced the' opinion of Mr. jeffefon arid after hearing It, obferved that hia own fentimenta hid been the fame j" but by the bye (remarked Mr. Rind) how Caliendtr. caine by the infortriatin r thia anecdote, it morethari I-know.'f When the couocn met. Hamilton and Koa vuttt, as ufual, npon ' onVfioT, and jthtfoi off tl othet. " jOtotlemen Tlef ve it to your(elve1', were thf -vor4' bf- Mr; Wafhington r atidihe poiot wa carried by 1he naajority.- ' The extravagant "popularity poffclLd by this ci tiseo, reflect the otraft redicuie on the irifepatable, and wheo Mr. Hay appeared to defend the prefi, he appeared for vaueit der. Xhy are how tnfcparable. "Can Mr. Hay leparate Calleadcr from the prefa t No' like Virglo delicacy, jhe prefa fhould Jpe approached with leverential awe ; like XaTar'fc wife, " it Thould not''ever) be" fuf peded iticT he w ho Vduld dare to fay the preTs fhould pe rellralhed, fhould be doom to thflanrdtftrucibu.'' Itf is not Cal lender MV Hay wilhes to attark. ; it is the prefa. Had Callender and Pace not the. coiMmandof the prefs were they aot the pttl)!ilheri.of',the Recorder,. theyjvould be beneath his notice, nar would I'foTmuch of the ti.r.e of the court yeftcrday and to day have been occupied by Mr. Hay. lt.il the prefa he feeka to wreck hi vengeance upon anliot'CaUeiaier. ': 1 do"uot fay that Mr. il doi lI'LJ-0 i p rwtlly i bu t if Jbeated hyy-ffi ja and vindictive through revenge, he attacks the pfefs,- it anjoutt's to the fame nurpofe. He aflcs if Callehtler be a! man of g.ooj fame.. He fjyt, is not Cullender the object of iiniverfal cxt-cration'? Ii he not a notorious lil cller I But. I afk him,, haa he ptaved that Callender is a man of bad fame.; tohrptofe N . Mut Catleadet therefore be an ubjecV of univefal execrat'on ; mud Callender be a notorious libeller, bee ufe he-Tias p iblifh ed a few hbfervationa which have difpleafcd ;Mr Hay :' which have hUif the fender htfs bf hii feelings i No. liut the. man who' r tacts the frcf iom of itt prefa, ought indeed id he the ohjecl 'IX uhivetfal' execra tion. Mull the bulled liberty ot America and cvr glorious' bill of rights jgjve way and -be laid afide to gratify the pleafur? or the caprice of a fingle individual i God forbid ! fay,tht day "never arrive, wh;e-n it (hall be faid that in Vrgihia, in thit tta.'e hrre li berty "tii it rofe, arrayed in alllier gloiy, that (he palltons of one man were able to defrvt and to batter down the liberty of ihe prtfj. . Mr. Hay yeftetdav read to the court, the rlegaiU definition of jthe liberty of the J pit is, woicn ne nas given in norrcniius , but with all due deference to Mr." Hay, tlieie are dtfini'iora of the liberty of the j-'refs Which pleafe ine better. The defini ton which Blackftone has given, in roy jiu nb1e opinion is iuperior. It dmita of a rimch wider interp're tati in, .and feemsto convey a clearer idea 01 'hofe cat?nQve:li mits that not coo tine but jmv full fc ope tothefpritof the preft. "'iVelitxtt; of the prtf ;(:iys Ulacktont) ij indeed cfTentiai to the Hitii '-e of "a free ftate, but this con fi'ls iri laymg no previous r v. ft rain t upon publications, ftrld noMn freedom froh ceu f ire for criminal mauer wben jmMifhed e; f ee rn.in has an utidotibtcd fight to lay what fetitimeKf he pfeafes before the public : to forbid this, ia to dertroy the "fee loin of the pfefs : butiH publifhea arliat is improper miftiievou, or. illegal, he rr) i ft lake the coufequrnce vf his own te meriiy. The fcntifnenti of Junius cn (his fuhj?A alfos defuvrs notice ; it haa hern lately reporielJ, .1 Aa not know-upon what authority, thatUie writer of. Junius was the ceUbrifed couaceller l)unning, an Eo gTilh lawyer of the. firft emiRiuce, . juftly' diotingurfhed ir talents and legal know ledge, but whether th, letter a' of Juuius were wtitten By Dunning or "not, they will Iwayse ellerned not only for .the pure Sc. eSafte tlegance'of ttylj whicjvthey exhibit but for tboTc. opinions oi liberty soil the fttedom of jthe prefs wliicli they inculcate. Junius in uia preface thus ex pre ilea himfdf, .- Such then waa the language,v, continued Mr.RiSd,; " pfed by thia fame Callendef when Mr. Hav anpeared as his couuftl I for I fay again Callende and the prefa were I licits the court to depart from the ofual a ad cule. Tt "Here, let .me paufe. I Were ever this language of Junius applicable to any per. Ion, it is to that gentleman, who now lo proper road of juflice, and to adopt a mode more Jummaryhan a trial by jury, in or der to gratify his private feeltnga- To ufe the words of Junius,; I do nat fcruplc to afSrm that Mr. Hay is a greater-enemy to himftlf, than either to Caljcuder or to Pace. He.ha'a faid that the eaecratioos 'of fociety follow the Editors of the Rocorder j but I fay, that the" execrationa of mankind will forever follow hiin j he has fet out, and is now galloping On the highroad to politi- cal perfiition, He h.i ' told the,court tbat- thc Recorder came .out in -mourning and txpreiTed his vviih," 'that .it fhould ' mourn forever .id fackcloth a n'd. 'a flies -but "let bio mourn forever : he fhall mdurn f 01 ever, njr will ever a ray of comfort tepofe in hia brealt, after Chia dating attack which he' has mad: 00 the facred palladium of his coun t ry.V. 1 --4' - r-'-- This h not the cahfe of party, I belong- to 'no party, I am not a fedcralifl ; , 1 held in ahhorreoce the meafure a of the laft.idminiftratbni and I'hold them flill in nbhorrrnce j I am Yiot a deoiocrat llrt democrats, fay that lam a deferier fron them, . hecaufe I km not inclined to go the . line icngiin wuu. tnem aiiu 10 Klvc "17 approbation to all . their ; foolilh : febemes and fancies. ' There arc many of the mea furea of the prkfcot . adminiftration, which I difapproVe of, and fhall always ttoudemii. My country aod the csufeof freedom alone ioterelt me ; theie (hill always aSe the ob- jaft neareft my heart 1 and in defence of them I this day appear. For to ufe a forcible expreffion 'of "Callender, wMch with fear and trembling I now rrpea; ; were that damnatory aiid iJi bUft'mg dodrine, which Mr. Hsy wifhra to i;npo!e upon .the court, fulliined, the liberty of America and thefteedom of the prefs would be gone forer'cr. We would be fuuk from that fair profpeft which we how exhibit to the world, into a vale of dark a id gloomy d. I potifm, fhaded with tin cl of prejudice and" ignorance. ' The ambi' toQt and the " good men, to whom abnc I addrefs my. ftlr", appear to rae to confult t.hi . piety as little as . their" judgmept and experiencti, when they admit the great and eiTentia'(ad-v vantages accruing to fociety fram the free dom of the 'prefs,,. yet jndulge (hemfctves in previfh or p? ffioiiate exclamationn againft the ab'ufea of K.",ra.Thia-(faid Mr. Riud) 1 amaTraicf it too much jhe cafe, with the ajentleman p'efent. " Betraying an umea ioniblc expectation of benefits pure and en tire from any human inftitution, they in ef. f'eA arraign the goodrfvl's lf 'providence and confefs that they ate diiTitistied with tht com rnoo. Jot of .humanity. " n "the pre-' ftut inttaiice,: they real'y creat in their own minds, or greatly exnggerate the evils they complain of. The laws of England provide as effeftuaHy'as any human laws can do for the proteftion of the fubje.ft, in his teputa tion, as well as in his peifon and property. If the cTiara6er, of private imen are infulted and irjurcd, a double remedy is open to ihem by fiction and indidment. " If through indolence, fIf fhinie.or indifference, thev will rHr?p7)ean country, they fail in their duty to fie'ety and are onjull (o ihemfelvei. If, from an unwarrantable difWuli of tke integrity of juries, the w w . . immoral w tu'J life up ovcrlul, and the prefs, in place of cxpfing truth and de. teCring fallehood, would be made the inftra mtnt of the bafe and the worthltls. 1 fhall . requefl the .attention of thocourt again to the obfervationl of Junius onjihis fubjec"t. With rgard to firiflurea upop trie charaiers of men ift cffice and the -raeafutes of government, the caQ is a little diffoVehti A confi Arable latitude muft be alldwed in the difcufflon of public affairs, or the liberty of ihe prefs will be of no be nefit to fociety. Aa the induJgeacf of private malice and perfon.il flandcr fhuM be checked d icUded by every . It gal "mona. foc?.nAant extmiuatiotT inu the characters and conduit of xcinifteta and magfltratcs fhould be equally promoted and encoilraged. . They who conceive that our', newfpapets are 00 reitiaint upon bad mm, or the impediment to the execution of tad mcafures, know oothing of this country. In that Mate - of abandoned fervUirV aud ' proftitution, to which the Undue indue uce of the crown has reduced the other branchea of the Irg'datUre,' pur minillers and ma g:flres Have jn reality little punifhment to fear,ahd few difficulties, to contend with beyond the cenfure of the prefs, and the fpirit of refi dance it excites among the people.". ' .' . In the letter which Junius addreiTed to Lord Mansfield, there are feveral point cd obfervations to the fame purpfe : ' V The doftrine yau oonftsntty delivered 10 caits 01 ii&cl (Uys.JuDiusj. is another pownrfol evidence of a fettled plan to can traft the legal power of juries, and to draw quefUous, iofeparable from faft; within the aibitrium of the court. Here, my Lord, you have lor tune on your fide. When you invade the province of the jury in a matter of libel, yo.u in effect attack the liberty of the prefa, Ind with a Angle ft roke wound 4 wo of ypur . preatett enemies. In fome inttances yon have (ucceededrbecaufe jury men. arc too often 'ignorant of their own' rightsnand too apt to be awed by the au thority of a chief juftice But there is no publication or no argu ments which I can advance that fhowa the danger of reftraining the libeity of the prefs more forcibly than the refolutiooa of the Oeneral Affemblyof thia ft ate, which were drawn up by Mr. Maddifohl. Oae of: theft refoJut-ions contains the following terms',; --rkjj-' '" ' " - V That the General A ffembly doth par ticularly proteft againft the palpable and alarming infractions of the conflitution, in the two late cajes of the AlienVand Sedi tion " Laws," ptffed- at the laft Jtffion'of Corigrefa ; the firft of which exercifes a power ho Where delegated to the federal govcrnnca V, aod which by ututieg legif- lative t.& , jedwial cowers to thofe of ext. icutivr, fubverta the general principles oftv-- ircc govcrumcnr, as wcii as iae particular organization, and pofitive provtfiooa of the federal conflitution and the other of which kfl.s exercifes io like manner, a pow. r not delegated by the conffitution, but on the contrary, exprefsly and. pofitivcly roroiaaro; oy one ot tne amendments there. to 1 a power 'which more than kny other.. ougni to proance univertai alarm loecaufe it ia levelled againft that tight bf freely ex amioing puUic Tcharac5ers-:and-meafurc8, and of free communicatfon Smong" the peV1' pie thereon, which haa ever been juftly deemed the 'only .effccluial guardiau of every other right.,,V ; - : V" . . . Mr., Hay aiiU certainly not deny that Mr. Madifoa is Itiithprity, nor do -I pre- fome thar be will difpiite the fentimenta of the American Envoys on thiafuhjeA, who were fent to-France by Ptefident Adam They have 'declared their ftpinion 011 the liberty of the p.rtTs, etrjayed in. thia countty Tn iht inoft explicit maener, in their letter ' addreffed to Tal'ey rahdr The geuioua o'fjtbe conftit utiou (fays Meflrs. Pinckney, Warfhall arid, Gary) and ihe opinion 0f the . people of the United States cannot be ' overruled by thbfe who aefminifter tle go. . vernment. . Among jhdfc puncipleB deem ed facred in America : ambnz tuoft facrrd right a confide red as formifig Viae bulwark of their liberty, which the gc'fernment con templates with awftfl reverence and would approach only with tkfe 'ntoft cautious ' cir cumfpeflinrtkere U 0 onVof which ri T importance is tLort decpfy imrtffed oa the public roiud, "than the iibeVtV 'of the prefs; That this liberty is often carYlcd lo excefs ; ' that it has fometunea degenerated iBte licehticufnefg, fs feeo and lamented j but the remedy liais not yet been difecvered. Peihaps it. fs an evil infrpafable from the good with wtich it is allied perhapa it ja a fhdot which cannot be flriped from the (talk without . wounding., vitally the plar.t from which it is torn. However defiriblc ihofc meafurci might be, which might cor rect witfwot irfl-ving the prrfs, they have rever yet b.;i devifed in America. , o -rrguladons exiit which erable the go. vtrnrrient to Tupprefs whatever calpmBies pr iV.ciives, any individual may chocfe to offer to the poblie eye or to ponifli fuch calamriea ao4 invediveS otherwife than by a Irgl prol'ecutio'n in courts which are al ke opeu to all who eonfidcr ihemfclvei iriur cd,' . Here. 'again Jet me pouf? ; the gjetius of 'he ccnllituliori and the cpiniona of the people ot the Ur.iied . platen Cay Mhe tn voyi)ciaoot be ovctruled ' by ihofc who ml mini ffcr the government. But yet they are to he overruled by Mr. Ha yv Tbe feeling a cfihis gentlenizn, irieerhs are of more coBfrqucnte-thao"either ifie; genrus of the cbnflitution, or the opiniOos of the proplc. The envoys -telf the prnch toi ailler that no rcgulationajexiil ia America. . which enable the government to fupprtfa whatever clunnies Or in waives, any iii dividual msy chufj to offer tbthcpublic eT ;. or to punifh fuch ca'umnics'and inrec tivesPotherrife than by a Jegal jsVdfecution. But Mr. Hay not only tells, you o;hcr wife, but commands a different procedure, a od has io ft 41 already contrary tohe ge nius of cur confiitotion and the bill of rights, arreRcd the liberty of the prefs. A public printer at'hirTeoueft ami tn ffratif his refi-ntrnent lies at Ibis moment within the ival!6 of ycur jail. " He told the court yelterday that the date of Virginia furnifh es not an inftance. of oppreffiou in a magif ttate, trtt the other day pjoves the contra!- rI; MriHay efks where;-would be the mighty jnifchief if libellers' were taken"up ;! he fys,;,thae would be nothing but peace year t Itci e wou 'd be a dreadful filent peace, like that which new governs the prefa. u nder the Firft Con fuJ. This would be , the mournful ftate af the country, were' his doclrine adepted. The only freedom which could be found-in Americarwould be' wifhin the walls of a jaii. He tellans, that II the cry about'the liberty' of the prefa being invaded,- corr.es fiom Callender, not for thong h Callender were filent, and im mured aa he now is within the walls of a ---' jail ; the groans of t,he prefs would be heard ihrough every (late-in. the Union, yes,, tiny would be beard, and echoed to, by every man who feels the fpirit of freedom fave Mr. Hay and hiscduclcl. The court now heart them, I know they hear them j . and every individual present,, but that unhapry nun 1 whom ia$ion and vindictive" re1 enge have blended and hunied him to commit a ded for which hp will ' ever bitterly lament; I have said that the execrations of mankind will follow him ; yes they Vitl followhim, and even j ursuc hrs mcraoiy, unless he will iftract, and convinced of Iri-i arror, make the fullest and molt' am; le apology loi hit conduct j bin alai I thia-- a reair o. j for he hat told tlie cour.,; that ha never A-ould be convincedi.bui that he mi acting prope ly ; I kiow tha; he. .will nver be fcunvinctd. 1 know hi passion and his-revenge are such a w3l forever nui fji ears to trie voice 01 reason. 'f "-Mr. Hay has told the court that nJihinc in compatible wiia the killpf Hfihts, or .constitution rati ,-'...,.. ex 1 JE, nere ; so say l. But Mr. Hs.y has done an ac tion which he now orders, the coutt toafprove f, directly in oppolition to the conr.litutijfi, rnt in the, fate of the bill of right?. - H. h a thrown a public printer into jail, whom he charge j as a liel'.ci bcl ?u:0
The Raleigh Minerva (Raleigh, N.C.)
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Feb. 1, 1803, edition 1
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