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. -' ' , - ', , . , I-:-:- ; . .. ' '..' ' .'-,-' . '"" ' ' ' V"- .. . , s , . ''v . ' -. ' ..t '".Af. '.'.'t' yi'',: y , -&y-.y: )?'', -" ' aL '-..'-- '. : PUBLISHED (weekly) BY WILLIAM BOYLAN. ' ViV-W htlf Yearly. J A Paynhlt in A , tunc , ,y; RALEIGH, a. c)J"HUKSDJY, JUNES, 1809. r"No. 688. !. 1. CONGRESS. HOUSE. OF REPRtoTATlVES. ' , Thursday May vs. SWA said that among the various oartic in the-United States, during r .r u. administration nf ' Mr. tllCi Ol "v """ !t,,n had irecn none perhaps of great- .,d in the public estimation than a" actconimoniy caneu u.c cuiuun d there nau ut.cn uuv n.w tended to ine uuwnmii aim,, uvcr ths' administration' under ;wffich. it iCtd. Tue qjiesuuu uicu uuuc uy , t United States was not .-U III VII V v - - l.ii w .1 hat, -law contained a good hw of i... I rKpt1ir f '.nnorosfi had nowef I,, rf lih-l or not : wiliether that of the constitution cor.ia.nea in one oi idmetits, declanng inxx congress mii:e 110 law respecung an- esiaDiisn- "'- ..... . t i wlirion.-of proiii'Hting the tree exer- ! . . . r . r j r rof, or airifiiug me ireeaom ot r nr of the press, dm not completely . Coneress, and preclude them ft m in"on the subject at all. And (said a very !?reat body of the American as f understand, a veriUCt nas Leen nt Congress do not possess the jri.jht any act on tins suojeci waaiever ; astand believe -that there , will never lOther Congress which will hive the aid Irrdiho:) o iiii idle with the the people and s ales on this piint ars some ot ms Sir. wiio were in ;ni- lie House of Representatives at the & the law in (jucsuon expired. 1 well . aBd nrobaoly yfni do also, Mr. r, ths.vtry splendid and beautiful de on urjvh wnicn a mem jer at vuai ume ntxi CaroUiU, (Mr. II. irper) exhorted oritf of this Mouse to re-enact that the erouad that it' would be a shield clioti to them, agoing out ot power, theiVfldversaries, -into whose- hands was about to he transferred, a3 the law would allow them to give the cviilence, and the, common law does" hud he then foretold, whal I confess I to with the most perfect incredulity, osecutioris for libel would be com- and curried on in tht courts of the States at common-law. Sir, I was ? incredulous myself at that moment, the uncharitableness to think that the ban himself did not believe in the which he advanced. I4 believed it bis for an administration coming into on the terms on which the .last did sanction a prosecution at common a libel where the truth could not be in evidence. The doctrine contended. the federal party, and ably supported pember (Mr.' Bayard) who is now trans- tils other House, that the common "gland is the law of the United States, tarine more abhorrent,, if possible, feeling of the republican party in the ptes, than the sedi. ion law itself. For edition law was objectionable because 'iished a law of libtl which permitted ih to he given in evidence, c fortiori, Non law doctrine, was more so, hic.h. f establisht d a law of libel the more s because the. trutli was' net permitted vxn m eviaence, out established tne 67item of penal-lawn' in the British hich m'wht ha fnm.d in relation to 'jwt. "According-, the best -pens anrl "t ir.inds in 'the nartv to which voif the honor to belonc:, were emplorl Ftmpting to relate the heresy and ai le eiitf.sri lawt.Jt is unriecessarv to Foar recollection the writings of Hor- ine resolution ot Col john Taylor, thejUnited States against, ; citizens, and con-, sequently Bav$ been carried on by s the attor heys for the districts wherein such prosecu tions commenced. , Yes, sir, such is the dif. ference between men in power and men out of power ; such the difference between pro fession and practice : andet, to my infinite surprise, this awful truth, this fact, ;M hie h' never came to my knowledge before, appear ed scarcely to excite a, sensation either in this assembly or the public, in the men who were most clamorous against ther sedition law. Yes, Sir, we did execrate, acd most justly e:e- crate, tut? sedition law. 1 lor one naa as thorough a conteinpt for some, o those who ieii uiuier us pe.naiiies, . as me-juuge yno in Hicted the m. The question "was not whe ther James., Thompson Callender was not infa mous libeller, any more than the famous Middlesex question was whether John W ilkes was .an mlamous character j ,iut it va,s a ht .gase, ana tne subject in the other and tlie people wisely dbcri minut ed between the persons who werethe subjicts of prosecution and their own best an'd dearest, interests. We said , that Congress Imd no right to pass any law at. all on the subject. It cannot be denied, that if we are to h:vyc a fjdrai law of libel, that which pei raits the truth to be given in evidence is us good as an 1 acknowledgment of the right, to administer wholesome fine and Jmprisonment to those who 8 hall hereafter undertake to carry oh such prosecutions. Sv ' f " - : Jiesolvedi That a cdmmittee '"bet appoint-' ed to enquire whether any and what prose cutions bave been entertained by the courts of, ihe United Stales for libels, at common law and to report such provisions as in their opinion may be necessary k for securing the freedom of speech and of the press." Mr. Dana said perhaps that the resolution, as now expressed, did, not go to the whole ex tent to which the gentleman intended. That prosecutions had been instituted for supposed .slanders or for supposed seditious words, waf unquestionable. L'jor two, three or four years past, prosecutions of thiv character-had been, pendirfg - the circuit court' of the United States in the district ofConnecticut. That some of 'the prosecutions attempted to esta blish the imputation of crimo-mgainst indivi duals, and in cases not comprehended under the provisions of the statute so' much rcprb batiid under the name uf the sedition acj, was unquestionable. Prior . to the institution ot tluLti prosecutions, however, from an appre- hrtri jxx of what might b done by men who had professed much- zeal for liberty, hut not in practice given stronger instances" of ie- i garu .ior it man those wiio proieesta less, in It was not to the nature of the .law that we ob- the state of Couaecticut a bill was introduced .jected, but to the having a federal law of libel into the legislature fur securing the freedom questian as lb the deprivation of the birlhiigl of the citizen in one ,i;ase, and the subject i at all ; though indeed, sir, .the permission to give-thc uuth in evidence $ but' an idle mock ery when we consider that the officer, .whose, d.ity ii is to provide an impartial jury, is kut the lirealh of the nostrils of the prosecutor. You ought In lxiollect that in all cases where i he government becomes'a party, whether .to or co?,' you .too often have an administration of politics, instead of an administration of law and justice. It ;s true, tiiat the constitution does declare that Congress sliall nuke ito law abridging the freedorrf of speech or of the press ; but if Congress, or the courts below, can at once saddle m with the. common law of Win. and the still more illustrious. re- England, there js no 'necessity for pvchibit ing the abridgement of the freedom cf speech, or of the prws. We know what the com mon law isan unlimited license to punish. This restriction of the constitution therefore is wholly nugatory, if the courts are perudt ted to entertain prosecutions for libels. Sir, that the present chief magistrate of the United States should permit an. attorney of the Unit ed States to hold his office one second gtter having commenced a prosecution in a court of common, law for a libtl, is what I will hot believe Jojr. he' could not do it without libel ling.,, by tlrat act of 'omission, the fairest page of the history ol his own life, to wit, his cele brated report made in the session ';f the Vir ginia assembly, which commenced in Decem ber, 1799. But I am willin?; to have some better security than the disposition of any Executive, for what I fonc -'ve o e of the highest, proudtat attributes i f American free men. I know it may be said, us it once was, when the writ of habeas corpus was set at defimee,. that fer as much as the right is contained in the constitution and supported by it, all legislative provision on that subject would be mere vevrk of suptvrogiUion-r-and yet, sir, who has herd of am recovery un- dE:,the constitul'on for the violation ol the mF flip tVif-K. Thai- hill rmiiif"d i.f iv. .tr. tton, wnicn was copied' i bin tne reproudteti fjditioa act th'at very section which ovic! ed that the trutft1 should be given ji evidence ; and it was called an act ior securing the free dom of the press. : And before any pre seen lions were instituted, wiien only a district judge presided in the court, that judge 'declar ed thai he should consider the, act of the Male -of Connecticut rehive to giri. g the truth, in evidence, as biiuhng on the federal court in that state. This was the opinion of one judge ; there was some tjuesiion fow it would be ultimately decided before a full court. .Such a bw formed a moie abundunt -protection a gainst any persecuiion which n-iight be direct ed against individuals uuder live form of a .prosecution, . than any protrssK.riS whatever. Xh the state of Connecticut (said Mr Dann) there is one further security that outf jurors are designated by lot. 'i he names office holders selecied by certain officers in the towns are put into a box, 'and then selected by lot. There have been seven or eiiht prose cutibns t oiarnthced, I scarcely know for what, whether for libellous or seditious words a gainst clergymen, and public preachers, for words -uttered by them ; and very considera ble expeuces have been incurred by them. But I cannot say that any man" ever suffered' any f a: ther than this ; that they were at a very great. epence in defending themselves., They had a gveat security in one respect : that the taltmis of the bar were against these prosecutions; and there was such a -'-peculiar taletn of going Iackwards in the pf&secutiun,. that the suits generally went out of court with a 'wile firciecui) from tome error in the, indict ment, some delect in professional skill, or some error in cl- vVship. -The' only 'case in hkliiJiere seemed to "be any pcissibility of conviction, was one in which a question was iiXade .as to5 the --pwer of the court to take best, dearest, most invaluable right of a ' citi-i, r cognizance ot the subject. The tjuestioivwas. .i u)v present chief magistrate. P-omr tor Jflie doctrine by irresistible arguments. H'cceeded a tract by a gentleman of wme, whoJj,as rendered himselt w conspicuous as" a law character, by plemarbs on that (rrrnr rnmrnfiilntfir m- '?ackstoner-stiii i troir.c to shew that JJio Iaw of England was not tlie law Cl'ed Statco -.-tli.-t rtcil by the Several" stjites with vari- 'iacatiimc Tf TT! rr feJ'T. i .. . . i. 1- t nave r!nnti.t : i - "T1111 on'. i uiiocr huh iu'.ious 0 11 b7 each statebut that as a law itcd Spates in their federal capacity, ...7. uiiivc, ii n huu, ui vne zen ? In fact, take awav the rit of habeas" corpus' to-morrow," and I would liot ' ive a pinch of snuff for our constitution ; for w ith out it, every man may he imprisoned at pleasure. Government might po-sibiy de mand a 'forced loanr with '.which, if the citi zen did not compryV he might be carried to jail -There is no free government-' where this wonderful contrivance this best hope of man, this sheet-anchor cf freedom, the writ of habgas corpus, is not four d. And yet we may be told thatj, as the freedun of the speech and press is secured by the constitution, all legislative,,, provision on the subject is not merely superfluity, but not respectful to the constitution: And so our citizens are to go on io be prosecuted at common law anil whfn'thtyget no remedy, t hey TaTe told t rights are guaranteed by the' restitution- but receive no satisfaction. . I thetefore think it would be a very wise provision on our part,. ;lt.fimc.n 'aws-inMheUnited" States, e adopt?- Or should we tnke vn ,,uvof England, pf a monarchy, . Vpoa-an hereditary nobility, and a ?n Rovemment ? Rut. sir. m-K nn le ditterence between men out Hr, tul " -n 1,1 power,' itet, if we are to nt : represent Stions ,macle at th ' last r- nress, by a pnember from Con r.r.Daiva) the nv'H.tnp of wl-ilt at this thie, to p r eyenLsuecum lar cases, guarding against, the future by woeful experience, a school in which it is said-a fool himself -must learn, although he will learn in no other- and, as far as that. epithet may be considered as applying tojny- on t he piosecution of a printer tlvere for pub lishing what had appeared with perfect safety in another state. The judges declared them selves" divided m opinion on the rues: ion of jurisdiction. That diversity of 'opinion was certified und the ejuestion expected- ti be brought before the si'preme court last Februa ry. On applying to the judge I found that the clerk of the circuit court-had not forward ed the certificate, and of course the case did not come, tip here as expected' I. suppose that . the" iwhob thirtg "ill die witliout any' noise. Another reason "why the persons in Connecticut Were not dispo?.ad to niake very much noise: about it while prosecutions w?re depending, was, that the state was not a large one ; that it could net be supposed- to" be in great fivor at the palace.; It was Supposed, siXwTiether correctly, or' not TwilHrot. .un dertake, to say, but 1 rather incline to the o pinipn that it. Was an erron eous siip)osition ; simi-. I conUhmng t he-oiameilin v h i c h a ppoin t ments i i - i . i . . ..r. ) the correctness of which 7 0. man would have the hardihood fcytlons for libels at common 'Je"n entertained in the coiU 6f self, I do most candidly confess that I have- been compelled ty" learn (mm this school -for when the gentleman from South Carolina uttered hat brilliant declamation in .order to induce this IoUse to te-'enact tbec sedition law, and -hang it over their heads asa shield from prosecution, I really thought it a mere speech for the people, for. I - had i:o conception th-t a court of the United States would ever-- en tertain a resection foiv bednt common law. I therefore submit to you the following ve soluticiv. preiaising," l:fore I conclude, that my object will be, finding the constitution nert ou thi subject, as it oij contains- an were made in ifcat state, and under the be. lief that it'was-through the means of certain influential characters tl.-2t the district attorney j did institute those prosecutions with the ap probation of the administration of the United jjtatts. This was an opinion, in the state ; and, supposing the inHnence of the Erecu'.ive to be exerted, they .frit that it would be in vain to make much' clamor, and ntherchoie: to contend a'orre agains;. it- As the prosecii-" lions are now at an end, I think it very de "sjrable that thssub;,ct s'uuld tip invest ig, it ed. As respects- the district atlor.iey' not being :'.removed,..I-. ,!' not - think that he is ;nucli to be censured Jn this case. -I anrhot' ceruisv thaTTieacTeih a'.togethef o.i . his own opirtibi. I rather; suiipoe that he was bp. pel lid- by the inthien-'.e of certu;u persons win are generally supposed to have the chi-f weight in appointments under the Uiited States in tharaate and whu,are therefore by i ftome calle'd the council of ufifiointment ; and I "' suppose that the district attorney could scarce y oppose the will and pleasure, or these gen tlemen. I -very much questiqn, therefore, whether any particular degree of fault is to be attributed to him, except1 his puttintr the United .States to so much expencef1 "-without ever unnging the question to a decision., l ma, sir,, is about the geira.! state ofj business. As it cannot be said that the cj has jur fact entertained the'' prosections "some of them have beth dismissed, the sub strtuuon of the oy& institute Instead of en tertained, may accbmplishT the gentlemen's -wishe-s. ' . -Mr. Randolph consented to the amend ment. . ... , . ... - ." , Mr. Randolph's resolution liavjpg been a greed to without opposition, he laid on ihe table the following : " . j k 2'osoued, That "-provision ought to be made by law to secure the right to an ipi paniul jury, in all cases, civil and criminal, ' uiaintaintd in the courts of the U. States." Saturday i 'Aay 27. Mr. Harwell submitted the fallowing reso lution: Resolved, That the president of the United States, be--''"requested to cause the Se- , crttary at War today beyre this house im es timate of the several sums necessary for for tifications, and a .statement of the deficiency of former .approbations towards that object.. Agreed to. m, Mr- Randolph called for the consideration f his resolution cf yesterday (VO'FE OF Al- ,'. I'llOU ViTON but the house refused to take ii up, yeas 54, nays 54-the Speaker .voting in the negative. . Mr. S.ufijbrdy after some introductory re marks, t.ui1iilteci the following resolution : Rcmi'tdi That the committee appointed to enqyire what' piosecutions for LIBELS at common, law have been instituted in the couru f-tlitrUuited-StaKsybeinstructefloThquircr what pvosecutions-for libels were instituted un der the act in addition to the act for the punishmenrof cenain crimes against the U Statc,(seditioh'lav) passed on the 14th day July, 170H. andiifp the expediency of remu nerating the sufferers u der the same. . , Mr. 'Jcru!,jer moved to amend the resoluti on, by adding the following words ; und that the coiprnittee be instrv.cted to - inquire i nether' any :Mid what privaie compensatiuri ' wasi.iade to such suffering persons." Mr. Dava said it .miprbt be Very omusir.g io kiioy.' who liao contributed -to the ,. relief of persons who. hud been punished for libels under, the sedition law.; he sho.ld have no objecli-mi lor itis'.V'Pce, to know vdo had asm, . .',(' "JANlLli TliOMPSON CALJJEN- ' DER. -Etit he did not se how this hiquiry coulil be 'niade. . .... ' Air. Quinrtu said, if the object of the gen-. tleman who ropose the -amcndru-nt, wus, that those who had coi.ti 'ibuted to the relit of persons who had s-u lie-red under the sedi tion h.wshcuid ' receive ' back their money, hejjiought the best y ay would be fejr-them, . to brlr.g their clai-nsJefore the house. Mr Sawyer's-amendment. vfas lost .. ,,. Mr Rosa moved to am nd the resolution,, by adding the foll(Tv?iug words " autL also,, that the CouimiUee m inslructtd to inquire whether tuy and what compensation to per-" sons who have Sotlertu m .: consequence oi, xjpfionvg the act for laying and cIIcctuijjr a direct lax,' (in Nonh'anipion cgtinly renn sylvania., . " " - ' " Mr. Dana 'said that, if it would be in or der, he sllfmid probably, thatt amendment : were adopted, move further to amend" the re solution, by inserting a provision '.to reimine . rate those persons who had suffered in-conse-(pience of their subjnisnibriXo the several cm .'bargo laws, as he considered Uiis-ttie inost mt'riiorifus kind of suffering. -Mr. Cardrrtier . SMgge.sited- to the gentleman from Pennsylvania (Mr; Ross) whether it-, . would not he proper to eniargehis amend-' menu so to provide for-the remuncrwion ' of all thoeiRho had quietly paid those taxes. This .would be no more than ; fair unless it was admitted that there was something pecu-" liarly honorable and praiseworihy in resisting the laws of thtr r'nlon. - Row insisted that Vis cons'ittients Mr. (Northampton county) were a n.uch eiiliUed to remuneration r)!1, their wrk -rings as any of those who had sulTe-rtd nTider the sedition law ;"ince theyJie said, had 'presented an irresistable phalanx to the higlfhandeet mea sures?.$f government, and had greatly aideJ Hue cause ct tiemocracy Mr.; P.jtier in. mired whether the hou'.e waV sittinar, as legislators,-or as offering premi- r- 1 . ' T . . . i I L . urns lor breaking tne very laws wntcu oiey w;tre making. If this f reccder-t be cure e stab!is!ied,tne gcvrnment would never knov. when to stop : Persons who had siifftred for breaches of the embargo laws wou'd k.tve an equal cl'im to remuneration. . '-.,..- ,- Mr. Rhea moved that the ' .forth r c .ns'de- ration, of the resolution be postp oned mdefi- 4! .;. 3
The Raleigh Minerva (Raleigh, N.C.)
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June 8, 1809, edition 1
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