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1 v- S?" rev---..- v . .. l"S,H t - - EGI-J JJ f -r4 ' Ourt retheplanwf ririe!ltfitfalace, Uawtrp'dbVptrty ra3tetie!!lceb'rotbtri 1. VI MoNDA-Y, FebttArt a-l 807. V, -J' r-ii- .,. 1;' '"'"' ' 'and v ' JbriJWmo Gazette LIBELS. The following- interesting Report of a Committee of the Petinsytvania L.egisj. laru. (of which Dr Leib was Chu.rr man) on tharrt if the Governor's Ad dres which -relates tolibels, which will no doubt be .read ,wjth considerable interest- They rettj TH 'l Uvty pyebecn deeply tmf preyed with the Tin port anajf of the subject commivtctl ihom, ami .have given to. " a cntfiti and deli'u-cmtf consideration. Th Y cannot but re ftret the irksGmencsa of the duty as signed to them ; inasmuch as-ther are ccmpelled by it, as members of the houst and citizens of a frce coml munityvto eshiMt an analywi , whici:. jmay prove, gt y tins 10 !ne feelhigs " some, aud lead others to. a miscon tep?onrof thb motives undei whic the corjfmtttce Vcted. As memlrh f the General Assembly tht y hav sworn to support the constitution ojf thUcom -ouwealthv and 14 to pcrforrf the du ie'. of the oMicc wilh ndf lity ;K they cannot, therefore avoid expres sing: their 'feelings and their jml: tnent,' in tern& whir.h the subject.rej icrred to them demands. , Ih.wevejr fdeirous bey feel of paying a be!-, coming deference and resprcjt far one of the organs ) the people ; aiijcl howfYir unwillirig, thty may he to 'wound any feeling in the discussion of an import and enlv ijeresl li g topic, the y are compelled "to en tet upon it, reg irdlessof any moni tor hut duty, cfiny obligation but that which theyppwt- to llu people, j In thtr opinion ot tne committee, tht sucgedtions in the Governor'b aiidicas. in respect to the restrictions to -be impvsed.upon the press, atv lugidy exceptionable, as they : elate to ihe body o which they were ad dressed, o the constitution of this commonwealth, undtothe liberty of i he following; i tire passage in the GovcrmVs Speech ailuued t May I ii: heie be alloyed, withrur incurring the lmpu:a:.on of a personal mo tire, to rem'u.d r.-.c legislative guardians cf the reputation, as well as the I ves ad f r tui.es of our felt'w-cfrizins, tuat libellinr (gross and m d gnant libelling) has beome the cry:w sin oi tie nation ana the times ! It is not the licentiousness of a single per son ; nor-the machinations of a particular party, to winch m the faithful execut on ot rny viflce, the legislative atxtt noon is thus directed. The crime is to me the. sam?, "whoever may be ti:e crimi'ial and whoever ,may be the vicrnti. But it is the genera: prostitution of the liberty f the pi ess, thai overwhelming torrent of politieal dissen tion,' ttie inuiscr rB;nate demolitsoivjof pub "1'c characters, and the barbarous inr.jada vpon the peate and happnesb-of private in d v-dqils, which cf-nsrauie, n my mind a subject for the highest c m'cern tor your elves and to your posterity. The fava CoRseijueoces of this puhhc malady begu ilvead) appear.. The press busiest i. ii!es as an insoucor and censor. Gitiz-t of th" same'corhir.dtiity are pledged to mu tual 'hatred' and persecution. All resole for t: e mjigj&tracy. and the laws isiahiiv into decision God and wise VnehSvi! ' lo ii ahandoi'. the field of pubhc serv'xe. A u witi. a fatality rot tmcomrron n tht - Jiist ty of hatibi.s tht avowed fncr.c-s t a free represent at ;ve gov.err.mer t are arm nig its reaLenemtcs with weapons tor i i j destruction. ' ) " Vhc evil, gentlemen,' is obvious ru.i afiicuh : but where iiia'.l we s.-ck thea ti.io;e ar,d the cuie ? The mpsi zealou: advocat s f.f a f.ee press have always tho' that to p'tscrve ts liberty, its bceirtious ness mus: le restrained. Thi law provid perhaps sulucienuy 1'tr the pun sh.v.en: o a coivMSted libeller ; but the inad,-qtiacy that speccs of reparation to- the feeling and fame f tttemjured, and even the op ere; W uld, t'neVef're, veni'P.ve -to suggest tha J everv printer who assails the cnuracer ft a ; Cuaeu, should be corr-pelled, ;f rcUira to publish hisdefcr.ee ; 1 1; at every pr titcr and J td:tor of a rev;;puper, -cr cthqr peneil c. i ! W' tx, snouKi register li s n;.me m so.rr. public office, of theppdper count,, to bct-vi- i eirtime of die fact ot pubi curion, upon O iaii at law ' a.d"-vvhent-vrrV grand jur.y .thail pn f-ent a press, as n pu'v; c i!U:saice, the pinter aed the editor h--h'd be L.:uu d in a rtciigr.izancef wn!i ureties for titeir c-noci bei.avirur, avid live amt auth .n iz-.d to -u.. press it for a tnhited time. L'dt aitei ali u cannot be demed, thar the only eliectual i . n .-.la 1 1 Itmcay must be tuppiu by tne goou stusc a a virtu- ot tlu C mmuiuty , s nee tne i cr iue of 1 bellinf tike the cr raejf duel'.mg wife forever dspeird fr it's indulgence uric: .its trpuiitv u; on pu'ohc tase and public cpiiwe?.. Your j)-edeccssoi"S ti died, iatelv eiiacredauw for tne more effectual pvevcn tien ati'J punishment cf "duels ; but reflect' I tha? aels' are among the natural ana Wuil eftrcts of hbels, yon gentlemen, wm, I am cahdent, ba s-'heitous to dtscredi' and suji; rf ss H e cause ql qucU comphcattd Tn'.tcinefv by the tiUftui :ict' of-your -exaniptv :u(J idv ce, a wed ts o, Jut exrti5 ci ycurieisiauve aatUotity.' porrr ties to escape conviction, ar. pomtb : on vh xh thU .law4is ' still susc-.'pt ble oi i a; anoCOf) . 1 1 ui ron a I amenuiiitnc. i , j the people It appears to the com mittee, that the Governor must have felt either a want of respect for the honor and integrity, or. fo the un derstanding of the General Assem bly ; or he could not have submitted projects to them, which, if carried into effect must implicate them in gu It or ignorance. In tithcr view, his suggestions do not-accord w th his professions of dtferenrcj'for the :ih iv of our motive 4-rhe rccH- Hide of our conduct ; and the com- j rsiittee would Consider themselves j ur faithful to their uust, iU fnim i .. false delicacy, they had been com icll'jd to silence on this subject. The 1 1th section of the first article f the constit ulion declares, 4 that 'he Governor shall, from time to ime, give to the Gtneral Assembly, :nfortuiition cf the state of tlie com nMweal'h, and recommend to thf ir consideration, such measures as he r h i 1 I a -1 xa n a r t a I I Tbe Governor then is directed to j rf commend to the lieneial Ascm- blv, such measures as he shall deem i exprtlient ; bu? thoq measures the committee are warranted m saymif, . re to be m consonance ana not m conOict wiih the constitution. By the tight article, members of tht4 Gsneral Assembly, and all offi ctrs, executive and judicial, shall be -bound, by oath or afTrrna ion, to sunport the constitution ..-f this com-! monvrealih, a-d to perform the du-;i-.-s of their rtspectivt- t tnces with fiv!r!i'y.t" The '26th section of the ninth arti cle, contains this solemn ai! empha tic ;ttrcl.iratin i i To uTd against transffrefixions cf th high p&xo rj, which to - ( th pcob'ej ha:e de&gated WK DECLARE (ha: LVKRY TH1XG IS TK IS A'.tTlCLK I- EXCKPTED OUt of the g ncal powers of gov e mm- nty (3 small loutvEH KtMAix iKvio-i laik " : The 7ih section of this ninth arti cle, thus excepted out of th-j gene ral powers of government, an1' which s lorevcr o rernatn inviolate, de i . .... . clarcs. thM the piitmg presses' shall be free to every person, whoj u dertakes to examihe the proceed I iogsof the legislature, or any hranch cf governmen : and no law hail I thereof. The free cornmunicaion f thoughts and opinions, isctu-ofj ihe: invaluable rights of man ; ;)nd .vrry rjtizn may freely sprak, write and print oti any subject, bei. . sponsible for the abuse of that li- er!,y Assuming the constitution tfie"n as heir tex , and the chart and corn ass by; which thsy arc to be guided ; i.nd havi ig sworn to support that in urnment ; and considering the pro- uct suggested by the Governor as iibvirsive of out fr. me of govern- ncot, the committee cannot with old their reprobation of a measure, hieh, if cwried into effect, .would wvoheUhe Cieneral Assembly in the ?Atitt of -'perjury, and prostrate the 'learest and btsi rights of the people. Will the committee be told, that because freedom o" the press in G. Btjtain, means only a freedom from i he m evious restraint cf the licenser. . : -- --- - - , herefoie such is the freedom of the press -in our republic ? Isthe fabled ..oubiitution of that monarchy, to be : U'.isud with the real onu -of this ommonwealth ? Aie we biCebrt o ihe political vocabulary of iCthgs, o Iefme ihe liberty of an Amet ican ? 'puxoi.stitutnn ol'G. Britain cx ists ony. to imagination , The om ;ipotence of Parliament is the cd : stitiiion and the-law. Then the li beity of the subject is in the safe keeping of a Monarch and his obe dient aiul dutiful- Parliament, and !!tere the freedom' ci the press may mean the freedom from previous res- l ' raint, because the government so vv lis it. But is the Genet alAssem ly, like .he King, Lotds and Com muas. Ixurtul bv no rule but will, nd restricted by. no limit hut tpt 'leiicy Does the liberty of the ci tigens here depend upon a General Assemb.v f Are there no lanl marks j direct them, no bounds beyond .vhich ' they dare -.not "pass, no brief of die people which defines arid des-fl?es- their powt ts I And because he, abolition of a licenser of the iessin Great-Britain is there consi dered as kls freedom, are we thus to consider it here ? Is the liberty of an Englishman the staxard by whkh we are to mcasuretie"3'btrty of an American ? h rttyft It jifticV t. Im Pennsylvj-.niaj'r Juch Jicense r of the press ever ekisfcl,an(l;5hcre fore, the freedom ftfdicpress'niiians4! more here than in(3retIiirita n previous restrainqupon the nress was removed, bee atrsejiuine had been imposed,1 and rhcreKhtSe freedom of the press! :anr.otriir a freedom from imprimatur. rK ' Let -us revert to the tjbbnstittition itself, aninotto Britishjauihority, to tell as what are the powers delega ted to the government and what are the rights reserved by the people. That const i'ution aut'nBrlges eyrrv eitjzen fr ely to speakT write antl print on any subj ci being'responsibl" for tht us i;f that liberty. A r spon sibiiity is a sort of cabalistical term in the mouths of some of ou juris consults, when-applied to the people, but not t their seivants, the com mittee will submit ihcir view of it by the light of reason, common sense ar.d the onstitution. The tweniy- sixth section of he bill of rights, as was bw'ore said, excepts out of the Si j general powers of the governmerits every thing contained in that bill of. rights ; the guarantee rf the f eedom of the press is contained in the bill of rights ; and, therefore, the press is excepted out of the gener .1 low ers ot government. The legislature have no authority derived from tin constitution, to legislate on the sub ject of the press, and, therefore no hw can be passed by therri to ope rate even as a subsequent lest' aim unon it. Existence is necessary to lrcedoin, and hiw c&n a press be free ha ii deprived of its being ! How, then, it may be triumph untly asked, is a ci iz:n to be-ies-poii'siule for the "abuse of the li- herty of the press ? To this que at ion there is a plain and ready aiikwer. The existing law on the subject, at the time of the format ion aud adoption of h constitution, was tieeehretl to have check enough ui-on hct iitK Usucss -it was the common law, wtnch ihe commiitre will here after notice, that put the CiU2 n to a rigorous rcspoiisibiay. Itwassurw ly unnecessary, us will be shewn hercufiei, toestabiih a'reson-ibih-y more severe ; nay, it isscuitely Com patible with tht priticiples il a f.ee government, that it snouki exist in the degree it now '.(ioes, much less ihat its nlomentum sbuld be in creased. '1 te constitution and the trial by jury have furnished themes of so no nous deciamaaoni when an obnox ious but s:lutary law was to be de feated, oroilice to be actpiired ; bu when a printer is to U. ruined in iiis tortune, and hts rcso nces of substa ttnee cut off, then indeed the consti tution and trial by jury are not heard ot ; and irom the death like silence in respect to them, it would appear as if they were assigned to the lomb of -l the Capulets." The 3th section of the ninth arjicle ; declares, J" thai m all criminal pro secutions, the accused IulIi rihi to bt heard by himself aud counci; to demand' the nature and cause of the accusation againat him ; to meet the witnesses face to face ; to have compulsory process for obtaining witnesses in his favor r and in pro secntfns by indictment - on in tor ma. lion. stfspee.;y trial by an impar ial j'jry of the vic nae : thVi he cannot or compelled to give evidence Against himsetf j nor can he be deprived of his ah:,. hUer.y, oi pnperty , unless- by the judgmcit of ns peers or the , law of ihe Unel." ; The Sih section of the same ninth article declares, 4' that trial by jury shall be as heretofore, ami the right theteof shall forever re main invioiate." By the constitu tion, then, a printer cawsot be com p lied it" give evidence against him self; neither can he be deprived t his prbperty ; unless by the judg- ment pi his peers. io require a printer to regis er his -name in any public office as evidence of any libel lous charure against jnm, would b to toviptl hiu to give eiSd nc against himseif -j alia 10 authonzu. agrano jury id p resent a press as a "pub ic nuiaance, and a court to suppress . Lr a limited time, would be to dt prive him of his pioperty withou jj(tlie juujmeut f his peers, The press of a printer is as much! his property, as the ship which be I j iong- to the merchant, or the library j to th attorney ; and tf suppress the;! former on 'he presentment of a grandj jury and the flat of a court, would! equally an infraction of the con stitution, as to scuttle the ship ofi iic mere nam or iq seal, up tne oi- fic&'ftf the lawyer under a similar ttf&eojt ment ryMWtfeo&t tion or jprofessirvn s.as much his pr' pc ty as the-iateViats he etnpld it is liis livinsf"; and if you deprive nlrn of his livinq:, he is deprived 'of -his all. TheiTle ot' art of a printer then,lhts 'property, and he canno' ibe divstfed of his property, urdess j byhe judgment of his p ei s. Ihe committ'ee cannot but recur to a memorable declaration made by the Governor, in his reasons for ne ga iving a bill to alter the mode of appointing the Comptroller ant R' - gisTrr-gT.ner d- u 1 have no ambi tionf r potu r ! (said he) but I trust I shall "be excused in holding it as a sacred duty, to transmit the consti tution (which approaches as ner t perfection as ar.y that ever did or does now exist in the world) unim paired and unshackled by any act of mine ;" and 'hey r.re of opinion the house ought to reiterate the declara tion, and;with unaffected solemnity md sincerity aver, tha they are not ambitious of power, and that they hold it a sacred duty to transmit the constitution to their successors un impaired and unshackled by any ac of theirs. The commifee cannot admit, tha' ifthe General .Assembly possessed the power, it would be expedient to impose the suggested restrictions upon the 'press. To borrow the lan guage f the eloquent Junius, tfc Lei it be impressed upon your minds, let it bv instilled into your children, tin: 'h- I bertv ol the press is the palladium of all tiie civil, political a..d rei:gious rights of an meii can." Shall we then consent to pui this palla ium into tne keeping ol grand juries and courts b5 the sac red fire, shall it begua (Icq alone, by the vt sttl t ye of the people l? In the legions of monarchy, the. deadly night shade of the common law on libels and contempts might thriv and' flourish under the Governors le i:im. n ; but the temperate climate ct Peunsylvnnia is not adapted to its exis ence or its culture. Hee e e'esire not a star chamber or a Jef frie", the will of the people, and not hat of a Governor or a Judge, "mut be the law of Pennsylvania. Vha said our Env ys, Marshall. K'ick ney and Gei ry. o the French Minis te? of Foreign Relations ? Thege iius f the constitution ca; not be overruled by those who administer 'he government. Among 'h pvin ciples deemed sacred in America jmong those rights considered as foi mmg the bulwark of h.cii liberty, which the government sbould cn- tt-mplate with awful reverence, aiv, approach only vvi h cautieus rircum sptctitQ there s none of which the importance is more deeply impressed on the public mind, than the liber: of the press and e en in England says the Enlightened author of tht Spirit of Despotism, u the liberty o the pres-. is not openly infringed it is our happiness and our glory no se of men, whatever 'be then power, or their wishes, dare to vi: late this sacred privilege. But ir heathen mythology we learn, tha whr n Jupiter could not force ceriau obstacles by his thunderbolts he foun in easv admission in the shape of a golden shower That there are presses which arr nuisances, and that have tostitheii uses" as instructors and ajW 1 . . . . l . C . . C' we need not travel out of thtiibrngh to demonstrate ; bui the comrhtttee are of opinion, that even they ough o " remarn: undisturbed as moro: mentsot tfif safety with which erroi I of opinion (najicxampled hctn iioubness may be tolerated wher reason is lef free to combat it." "What, your e mmi'tee would ask vould be the effect ol the restric ions sutrtretea 1 1 ne sunnresaiii f certain presse, ob mxious to ourt md h ruling power, whih nost of a different cast, yielding im jiicil homage to men dressed ujr in 4 little brief authority, flatterini: ;heir follu and appiuudin their U vices, would roam at large, nbound ed and uncontrculed thirsting ft and glutting therns-lves with tie feeling a, the reputation of no e ?ha:1 MM of the community. If the press is an evil, let that evil he cor rexM by the press itselfIet thd tfe5s stand on the footing of equ;I mptPg will decide between them j v hat tht humane ahd behevblht cij cizenf Permsylyania f arrplecTgedf to mutual hatred and persecution! although they Have no doubt that v -hatred and persecution have mtd, ani unfbrtu; ate reigrj among usy neithie? '3 cam they admit, th't all respect fbrp ' the laws is falling into derision, wha-i ever feeling may lie enterta;oed for' the magistrates, by some of whom? thosg laws litve been too long di.i reed. . Thef'jfannot admit that the presses which aref the obj ctscf denuncia ionj, merit the fulmina; i- ns against them 5' neither ar UicJr djspostd 'to all.-wi " hat gorSd and wise men will aban don the field ptpubhc service," un' less the presbe- ,;in(uld- vbe.siirreh-" dered trv the discipline and corfec tion of grand ju- ies and courts. The wise and the good bale nothing tt fear ; vice and c imenly stai t back with dismay from public scrutiny, J ItA ei l tr 111 rE and seek to conceal themsplvev m . - the regions cf silence a' d fetters.' -. Let us look at the state 'of typo Jr.. graphical was fare in our sta e, and what do we discern ? A host ar ranged underthe banners of tne ad ministration, while a small but Spar.. $ tan bard defends the pass of Therl 1 mop la: for the people. If we recur ) the report of the register gener. Ij we findf that'hu idreds of dollars have been distributed to parTizans and fa vourit-s, w ho, no doubt, have rcn dcreiLrhe wished S$r se rvice jlifcol jitnout the pale of the law. atfd who) uiU again, for th- same fees, offer tueir' panoply to r rot ct the go.'d at di .visi men in offi e whre then the Tictssitity of new restrictions? Thty aniiot be wanted, or their cause nu;jt be in despair. The -comjnitf.ee would think tlietn selves guilty of a f lo dt j irther could. e er consent to arm i dfetoed f itnds of a free representative go vernmen'," any mofe than its real enemies, with weapons for its des truction.' The conflagration of the Alexan-: drian library by barbarians lias not more fatal to literature, than; thi project would be to the. freedom of he press and of the citizen. We night indeed hear cf the liberty o ihe press, but in jhe language? of Os sian it would be like the memory vf departed joys, meiancholyf otilj to he soul." r $ The commi'ee may be told, a there is ho phrase or sentiment which sophistry cannot, pervert, or inge nuity torture, that the ;icentiou?ness X the pr. ss is not i s freedom, andl to restrain "rs licentiousness is not to , mpair Us 'ibe 1 ty. This wasth? sub tl -y and rehnemen. offered an' sun I p rt cf the sedition law ; but the i committee would ask, whether a : '. erson is permitted the freedom of : ipeet h, who ha a'gag ' puf into his mouth by order of government ofi v. ho has, his tongue tied, or h;s lips ewn up ? And yet we are gravely 1 told that to gag the pres, to tie tig -tongue, or to sew p its lips, is no violation of its freedom ! ' Will it be contended, that Paini who was lately sentenced to death by 1 court rriartial, and ocecutcjl for publishing a libel, enjeyed the liber- r yof the press t And yet there was 1 no previous restriction upon hispress; 1 lie did publish and he was doomed to '; death for it : and yet our casuists with as much propriety might s. y, that, 1 in Palm, tire j ress was free, because there was mo imprimatur upon it, as to contend that ur printing presses ill be f.eei when a grand jury and a ; court have "the power to prevent their publication by a-suppression 'of them. The commit ttc can discern no difference bejween a previous restraint upon ther .press, and a subsequent penalty ihat shall nave the effcc' of commanding it to silence. Will it be admitted that a irian is free to "commit, nnodtr ? surely there is no previous res r-iwt : upm him he Jiasthe.phvvc pqer , 10 commit the act, anc, Uicitknc, he Hi 1 i .: I'f 1 :1 f'JM r?t:t m tit m -t-i If fr it : I Hi I Iff. . V i; K - r -s Vi -r w -4 s My ;5 1 1 T- " -Vt-J- A,
The Weekly Raleigh Register (Raleigh, N.C.)
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Feb. 9, 1807, edition 1
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