Thursday, Jan. 6. Mr. Grifwold moved, that the house refolve itself into a committee of the whole on the flate of the Union. He faid if the motion prevailed, he fhould move for the confideration of the refolution which he had the honour of fubmitting to the house relative to the ceffion of Louisiana to France. After a long debate, the queftion was taken by yeas and nays and loft, yeas 38 nays 48. Mr. Grifwold and Mr. Randolph then both rofe. Mr. Speaker faid the gentleman from Connecticut firft addrefféd the chair. Mr. Grifwold, faid, notwithstanding the unpleasant fituation in which we are placed by the decifion of the house on the queftion juft taken, I think it my duty to propofe certain other refolutions which I hold in my hand, connected with the fame fubject. He then read, in his place, the following refolutions and delivered them in at the clerk's table. Refolved, That the people of the United States are entitled to the free navigation of the Miffiffippi. Refolved, That the navigation of the river Miffiffippi has been obftructed by regulations recently carried into effect at New-Orleans. Refolved, That the right of freely navigating the river Miffiffippi ought never to be abandoned by the United States. Refolved, That a committee be appointed to inquire whether any, and if any, what Legislative meafures are neceffary to fecure to the people of the U. S. the free navigation of the river Miffiffippi. tive to that part of the published meffage which speaks of the ceffion of Louifiana to France. I hope, Sir, that I know enough of the rules of the houfe to know, that nothing which is entrusted in confidence to the house, can be made a fubject of public difcuffion. I repeat my motion, Sir, that the house now confider the refolutions. The house divided upon the queftion,"Will the houfe confider the refolutions,' and it was refolved in the negative, yeas 32, nays 50. Mr. Randolph moved the order of the day that the house refolve itfelf into a committee of the whole, for the purpose of confidering the Prefident's Meffage, relative to the fhutting of the port of New-Orleans; and that the galleries be first cleared. The motion was carried, the galleries were cleared, and the doors clofed.The doors were clofed at one o'clock and remained fo until half after three. Friday, Jan. 7. The houfe of Reprefentatives at 12 0'clock ordered their galleries cleared and clofed their doors. They continued in feffion with their doors clofed until near 5 o'clock in the evening. Before the houfe adjourned it was refolved that the proceedings fhould be made public. The following are the refolutions which have been produced by all this fecret confultation. They are the work of Mr. Randolph. Refolved, That this House receive with Mr. Dawson rose and began to fpeak, great fenfibility the information of a difwhen he was called to order by the fpeak-pofition in certain officers of the Spanish er, and he fat down. The refolutions were read at the clerk's table, and stated from the chair. Mr. Dawson wifhed for the opinion of the fpeaker upon a point of order.He fubmitted to the chair, whether the refolutions, juft offered were not intimately connected with the fubject of the prefident's meffage, which, by the rules of the houfe, it is the duty of every member to keep fe cret. Mr. Griswold moved that the refolutions be now confidered, and faid, if the motion obtained, he should move that they be referred to a committee of the whole house. Since I am up, faid Mr. Grifwold. I will reply to the gentleman from Virginia, that the refolutions have no necessary connection with the confidential melTage relative to New-Orleans; but arife out of a part of the meflage communicated at the opening of the feffion, a meffage which has been printed and published and is in the hands of every body. They are altogether of a public nature and rela government at New-Orleans to obftruct the navigation of the river Miffiffippi, as fecured to the United States by the most folemn ftipulations. That, adhering to that humane and wife policy which ought ever to characterise a free people, and by which the United States have always profeffed to be governed; willing, at the fame time, to afcribe this breach of compact to the unauthorised mifconduct of certain individuals, rather than to a want of good faith on the part of his Catholic Majefty; and relying with perfect confidence, on the vigilance and wifdom of the executive, they will wait the iffue of fuch meafures as that department of the government fhall have purfued for afferting the rights and vindicating the injuries of the United States :-Holding it to be their duty, at the fame time, to exprefs their unalterable determination to maintain the boundaries, and the rights of Navigation and Commerce through the river Miffiffippi, as established by exifting Treaties. Be it our weekly task, To note the passing tidings of the times. Hudson, January 25, 1803. A CALL TO THE BENEVOLENT. The selectmen of Portsmouth have appointed a committee to receive charitable donations for the relief of the sufferers by the late distressing fireThis 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 !—We beg leave to suggest to the citizens of Hudson the propriety of fixing upon some mode of collecting donations. CONGRESSIONAL NOTE. The committee appointed to enquire into the constitutionality of the occupation of the seat held by Mr. VAN NESS (representative from this district) who accepted a commission in the militia of the district of Columbia, have reported, that the seat is vacated by having accepted the commission and acted under it.- -Mr. VAN NESS's constituents might have submitted to the loss of their representative without murmuring; but how will the honourable member submit to the loss of his six dollars per day, Oh, how angry he looked!" 46 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. [Aurora] 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. ERRAT A. In our last, 1st column of the 21st page, for 1609, read 1607. 3d column of the 23d page, for the French of Resseau, read the French of a pupil of Rosseau. To Correspondents. A communication from a neighboring physician, on the Kine-Pox, shall have a place. We acknowledge with pleasure the receipt of "The Woodman," and " A Comparison," from the pen of JULIENNE. We think these pieces excel a ny of her former productions. The Wreath. FOR THE BALANCE. LINES TO MISS H****** M****, OCCASIONED BY THE DEATH OF AN ONLY BROTHER, IN THE WEST-INDIES. WHY, lovely mourner! wakes the sigh of grief? And why that downcast look, and tearful eye? Can friendship give to sorrow no relief, Nor dry its tears, nor check its rising sigh ? But what has pow'r to soothe a sister's soul, The youth ambitious, sought a sickly clime, To soothe a mother's cares, and dry her tears! Delusive hope with flatt'ring pencil drew His safe return o'er ocean's rolling stream; Hope disappear'd, for death had shut the scene. The father ne'er shall hail his son's return, And men'ry oft past scenes of joy retrace. That lovely bosom ne'er a pang should know. Cease ev'ry murmur-learn that Gon is just, His power can clothe him with celestial light. To City Subscribers, Two Dollars and fifty cents, payable in quarterly advances. To Country Subscribers, who receive their papers at the office, Two Dollars, payable as above. To those who receive them by the mail, Two Dollars, exclusive of postage, payable in advance. A handsome title-page, with an Index or Table of Contents, will be given with the last number of each volume. Advertisements inserted in a conspicuous and handsome manner, in the Advertiser which accom ON Thursday laft Tench Coxe, "the patriot of '76," feated himself in a bar. ber's fhop, to be shaved and dreffed.He was fcarcely feated when a member of the Legislature came into the shop and commenced a converfation with the man of fuds, on the fubject of Paine and poli-panies, and circulates as extensively as the Balance. tics. The following is related to have been the latter part of that conversation, the whole of which paffed while Coxe was getting Shaved and dreffed. [The poor barber however did not know that he was then shaving Mr. Coxe.] Barber. A great many old whigs are Member. Who are they? Member. How do you know that? Barber. I know it very well-I was in Moylan's dragoons watching the tories when he piloted Howe into Philadelphia. Question by Tench Coxe. How do you know there was no compulfion used? Barber's anfwer. Oh! I know very well the d-d rafcal piloted them in of his own accord-for I was told fo at the time. By this time the patriot had gotten his nofe from between the fhaver's fingers, and the reader need not be told that he deferted as foon as poffible. The truth of the above in fubftance can be proved. Lancaster Fournal.] COOK, the celebrated Circumnaviga- [London Paper.] Complete files of the first volume, which have been reserved in good order for binding, are for sale -Price of the volume, bound, Two Dollars and fifty cents-unbound, Two Dollars. The whole may be sent, stitched or in bundles, to any post-office in the state, for 52 cents postage; or to any post-office in the union for 78 cents. AGENTS FOR THE BALANCE. The following gentlemen are authorised to receive subscriptions and payments for the Balance : State of New-York.-City of New-York, W. Coleman, editor of the Evening Post. Poughkeepsie, N. Power, Printer. Kinderhook, D. Ludlow, P. M. Albany, Whiting, Leavenworth and Whiting. Kingston, Mr. Elmendorf, P. M. Owego Village, E. Dana, P. M. Union, Charles Stone. Bath, D. Cameron, P. M. Walton, Elias Butler, Batavia, S. Hunt, P. M. Rhinebeck A. Potter, P. M. Walkill, the P. M. Manlius, L. Bingham, P. M. Whitestown, R. Leavenworth. Johnstown, N. Brewster, P. M. Canandaigua, Norton & Rich ards. Schenectady, J. Shurtleff, P. M. Geneva, John T. Chapman, or the P. M. Troy, T. Collier, Printer. Herkimer, C. Wcodruff, P. M. Lansingburgh, Mr. Tracy, Printer. Marcellus, S. Bishop, P. M. Utica, the P. M. Minden, J. Herkimer, P. M. Catskill, M. Croswell, Printer. Maryland Baltimore, C. Pren tiss, editor of the Anti-Democrat. Connecticut.- -New-Haven, Elias Beers. Hart. ford, H. & G. Printers. Danbury, Ebenezer R. New-London, Mr. Green, Printer. Farmington, White, P. M. Sharon, G. King, jun P. M. S. Richards, P. M. Pennsylvania.- -Wilksbarre, Thomas Welles' Wyalusing, Ezekiel Hyde. Williamsport, S. E Grier, P. M. Georgia Savannah, Seymour & Woolhopter, Printers. Augusta, Alexander Grant. Massachusetts-Boston, Mr. Hastings, P. M. Plymouth, W. Goodwin, P. M. Nantucket, W. Coffin, P. M. Worcester, 1. Thomas, jun. Prin ter. Salem; T. C. Cushing, Printer. Leicester, the P. M. Williamstown, H. F. Penfield, Williams' College. Stockbridge, H. Jones, P. M. Lanesborough, M. Welles, P. M. Pittsfield, Ashbel Strong. Greenfield, Mr. Denio, Printer. Northampton, S. Butler, P. M. Randolph, W. P. Whiting, P. M. Great-Barrington, M. Hopkins, P. M. New Jersey. Trenton, Sherman and Mershon, New-Hampshire.Hanover, the P. M. Salis- and Fitch, Printers. PUBLISHED BY St. SAMPSON, CHITTENDEN & CROSWELL, The COLUMBIAN AND Balance, REPOSITORY. Driginal Elays. " HAIL SACRED POLITY, BY FREEDOM REAR'D ! 86 MAIL SACRED FREEDOM, WHEN BY LAW RESTRAIN'D !" BEATTIE. HUDSON, (NEW-YORK) TUESDAY, FEBRUARY 1, 1803. Hither the products of your closet-labors bring, FOR THE BALANCE. EULOGY ON GEESE. Messrs. EDITORS, AFFLI FFLICTED, as I fometimes am, with that fcorbutic difeafe, the itch for appearing in print, I have been puzzling my brain, two whole hours, to find a fubject for your BALANCE; when, at laft, one was fortunately fuggefted to me by happening to fix my eyes attentively upon the pen, which I was all this time. holding in my hand. Among all the fubjects, which have engaged the attention of the learned, I do not remember to have feen an eulogy on geefe: be this, then, my theme; and I doubt not but it will appear, in the fequel of this difcuffion, that, excepting the cow and the sheep, there is no living creature upon earth, below the rank of man, which is of fo much use and importance as the goofe. Were I difpofed to pursue this momentous fubject in its various details, I might quote the ftory of the Roman hiftorian, which relates that imperial Rome itfelf was once faved from the tangs of an invading foe by the cackling of a goose; I might expatiate on the delicious flefh of this feathered animal, and especially on the unequalled delicacy of its down, that fills the pillow upon which the lovely Chloe lays her head. I might also bring into view the laudable obfequiousness of geese, manifeft ed in their implicitly following their file- Hail, Goofe-quill! while I am holding his heart." That ancient mode of writing, which must have been very inconvenient and flow, was fuperceded by the ufe of coloured liquids, or ink; when the pen of iron gave place to the calamus, a kind of reed that grew in Egypt, but the beft fort, in the fouthern provinces of Perfia. Thefe reeds were split and sharpened to a point. Nor was it till fometime in the feventh century of the chriflian era, that fome happy genius hit upon the difcovery of making pens from the quills of geefe, This, I fcruple not to declare, as it refpects the republic of letters, was among the most important discoveries, which have been made by man. Writing has fince been rendered unspeakably more eafy; and the world has been furnished with a plentiful and cheap fupply of pens. The world had been inhabited almoft five thousand years, before the inestimable worth of the goofe-quill was difcovered. The old Romans ufed a bodkin, made of Goofe-quills are among the real necessa. metal or fome other hard fubftance, for a ries of life. They are ufed in almoft evpen; and they wrote on tables covered ery kind of bufinefs. They are the props with wax. Hence, a famous code of their and promoters of fcience. Without their laws, which were engraven in this manner, aid the wheels of bufinefs would be obwas called "the twelve tables." This ftructed; printing-preffes would be ftruck kind of pen was also used by the ancient with a deadly palfy; and the arts and sciArabians and Hebrews. Job, who was ences would fink speedily toward the state of probably an Arabian, and lived as early or favage barbarism. The horse is a fine creaearlier than the time of Mofes, fpeaks of ture, and much has been faid and sung in graving with "a pen of iron." Jeremiah || praife of this noble animal: but were horfaid, "The fin of Judah is written with a fes to be ftruck out of exiftence, it might pen of iron, and with the point of a dia- perhaps be a lefs calamity to man than the mond it is graven upon the table of their extinction of the race of geefe. heart." This had an undoubted reference to their manner of writing, like the Romans, on waxen tables, and with a pen made of iron or a fharpened piece of a diamond. It was alfo with reference to this, that Solomon commanded his pupil to write his precepts "upon the table of Hail, ineftimable bird! What are the gay plumage of the peacock, and the delicious notes of the nightingale, in comparison with the value of thy quills! The eagle, that pierces the clouds and wings his daring flight toward heaven, was, by the antient Greeks and Romans, confecrated to Jupiter. The grave and moodylooking bird, the Owl, was fuppofed to be the favorite of Minerva, the Goddefs of Wifdom. In thofe days of fuperftition and idolatry, if the full worth of the goofe had been known, it might perhaps have been generally worshipped, as was the Apis or ox, in Egypt. A KNIGHT OF THE GOOSE-QUILL. Political. FOR THE BALANCE. "Nothing extenuate, nor set down aught in malice." AN ACCURATE STATEMENT OF FACTS, CONCERNING Mr. ATTORNEY-GENERAL SPENCER's LATE ATTACK ON THE. Liberty of the Prefs, a To establish this propofition he first refered to 4th Black. Com. 256-" Under the general words of this expreffion, that be not of good fame, it is holden that man may be bound to his good behavior, for caufes of fcandal, contra bonos mores, as well as contra pacem, as for haunting bawdy houfes with women of bad fame ; or for keeping fuch women in his own house; or for words tending to fcandalize the government; or in abufe of the officers of juftice, efpecially in the execu tion of their office, &c. and other perfons, whofe mifbehaviour may reasonably bring them within the general words of the ftatute as perfons "not of good fame." He next referred to Hawkin's Pleas of the crown, ift vol. page 355, where it is af firmed that the author of an obscene book may be bound over as a perfon of bad fame, altho' he cannot be punished by law as a libeller. A fortiori, he contended, a libeller was within the words of the ftatute. He then quoted the third vol. of Burn's juftice, page 348 and 349, to the fame effect. And from these authorities he contended that Mr. CROSWELL, ftanding indicted for a libel against THOMAS of the Prefs, JEFFERSON, could legally be compelled to In giving the arguments of the counfel on both fides, it is not to be expected that every word they faid fhould be copied. They are given from recollection only. It is not poffible, in this way, to do juftice to either of the gentlemen. Some faint idea, however, of their arguments, and of their eloquence, may be gathered from the following fketches; and whenever it was practicable, their very, language is given. Mr. SPENCER opened the debate, by producing authorities in fupport of his motion. He cited the ftatute of the 34th of Edward III, which he faid was incorporated in our revifed code, vol. 1ft, page 304. He referred particularly to the 6th fection of the act, which gives every juftice in the flate, power to caufe to come before them perfons who be not of good fame, and to give furety for their good behavior; and under the words "be not of good fame" he contended every libeller was found. find furety for the peace and his good behaviour. Mr. WILLIAMS opened the defence.He began by flating, that the queftion before the court was of as general concern, and of as great importance to the community, as any queftion ever before difcuffed in this country. In his apprehenfion, it was no lefs than, whether the prefs fhould remain unfhackled, or become fubfervient to the whims of every magiftrate; wheth er, in a free government, fiee difcuffion of public men and public meafures fhould longer be tolerated, or our rights, our laws and conflitution, trampled under foot, and we deprived of the laft miferable folace of complaining with impunity. It was not fimply whether HARRY CROSWELL fhould be deprived of the rights of a beeman. It be deprived of the rights of a beeman. It was not whether one individual fhould fall a victim to the perfecutions of revenge. These were, indeed, confiderations of importance; but when compared with thofe fatal and moft extenfive mifchiefs, which muft flow from a wrong decifion, thefe confiderations dwindled into nothing.He enjoined it, therefore, upon the judges, to rife fuperior to party prejudices, to banish from their minds every bias, and to decide this important queftion upon the folid principles of law and reafon. He faid that, for the purposes of this difcuffion, certain principles were admitted. ift. That a libel was not a breach of the peace, but only tends to a breach of it. 2d. That the truth of a publication cannot be given in evidence as a juflification of its author. 3d. That a recognizance for the keeping of the peace and for good behaviour, was forfeited by acts which merely tend to a breach of the peace. Mr. CROSWELL, he contended, had been guilty of no crime. He had not broken the peace-nor, in the eye of the court, had he been guilty of any act which even tended to a breach of the peace. He was merely indicted for a libel, and the judges could not confider him as a libeller until a jury of his country had pronounced his publications libellous. No one had fworn the peace against him. No one had the leaft pretence for fo doing. He had done nothing, therefore, for which, at common law, he was liable to this recognizance. Mr. WILLIAMS, therefore, contended, that ex-officio, the juftices had no power to bind him. over, either to keep the peace or to be of good behaviour. He faid that the Attor ney General had placed the queftion on its true grounds. For the only pretence which the juftices could have for the exercife of this power, was found in the flatute of the 34 of Edward III, incorporated in the evifed code of this flate. The claufe of the ftatute cited by the Attorney-General, gave the juftices power to bind over "fuch as be not of good fame," to be of good behavior. And within the meaning of this claufe, he had endeavored to bring Mr. CROSWELL. On this ground, Mr. WILLIAMS faid he would meet him. And he was the more willing to do this, as he well knew, and an the county know, that no man, no! not even the public profecutor himfelt, lefs merited thofe opprobrious epithets, than the man he was then defending. defending. Mr. CROSWELL, he stated, was a young man-induftrious and reputable. He had juft commenced his part in the drama of life; and fubmitting his fate to the fiat of an overruling providence, he had refolved that his part fhould be well afted. He had chofen the profeffion of a printer; and, unawed by the "powers that be," he would perform what he conceived his duty, though his ruin might be the confequence. There could not exift a doubt, therefore, that as to his habit of life, and his general conduct, Mr. CROSWELL was as far from being a fubject for the application of this claufe of the statute, as any man in the community. The only queftion, Mr. WILLIAMS contended, was whether the mere indictment for a libel on an officer of government, is fufficient to bring Mr. CROSWELL within the words of the ftatute? To eftablifh the affirmative of this queftion, the Attorney General had relorted to English authorities. In answer to thofe authorities, he ftated, that there was not one precifely in point. Thole which bear hardest upon this question, only flate, that fuch perfons as fpeaks words ending to fcandalize the governmenn, or in abufe of the officers of justice, might be fubjects to which the ftatute will apply. land. But, said Mr WILLIAMS, I will not stop here. He contended, that "words tending to fcandalize the government," could not mean words reprefenting the particular conduct of a particular officer of government. It they could, he faid that the vicious conduct even of a conftable, truly represented, would subject a man, to this recognizance. He allo contended, that "officers of juftice" meant judicial officers only. And, therefore, he infifted as these indictments charged Mr. Crofwell with writing words defcriptive of the par-prisonment, banishment, and fines of 10 and 20,000 ticular conduct of T. Jefferson, who cannot be called a judicial officer, this authority could not bring him within the meaning of the words in the ftatute. As to the authority Hawkin's pleas of the crown, he denied, that because the author of an obfcene and feditious book, could be bound for his good behaviour, that, therefore, one charged with a libel might. The cafes he faid were extremely variant. The first was evidently always an offence Contra bonos mores. The laft might not be. For, in this very cafe, altho' by the ftrict application of Mr. Spencer's doctrine, that the truth cannot be given in evidence," Mr. Crofwell may be convicted of a libel on Thomas Jefferfon; yet, if the charges in his publication are true, the publication of them, fo far from being contra bonos mores, was his facred duty, and must be beneficial to the Public. Bat, said Mr. Williams, every sentence adduced in support of the motion, is taken from some elementary writer. Such writers draw the general outlines of the law, without descending to particulars. And on questions where such important considerations are involved; where the real freedom of the press is attacked, and the rights of a free citizen threatened, the court should be cautious, how, by the loose dicta of general writers, they are drawn into a discussion, which, sooner or later, they will wish to blot from their records. If the principle was sound, he asked, why the attorney-general, whose situation must have naturally led him into the widest researches on subjects of this nature, had adduced no adjudged case to support it? The time had been, he said, in England, when party raged with violence; when internal commetion shook the kingdom to its center, and when the court and bench had united in every art, in every in vention, to shackle the press and quell the murmurs of faction. If this is law, if this principle could be endured, would it not, he asked, in those times of turmoil and persecution have been discovered? There is, indeed, said Mr Williams, one case in which the doctrine advanced by the prosecutor was recognized. He alluded to the case of the seven Bishops. Three of the judges declared it the law of England But, in the language of Lord Camden, commenting on this very case, "this adjudication only serves to shew the miserable state of affairs at the time." It was an adjudication which even in those times of persecution and uproar was viewed with horror by every honest man in that community. And Judge Powel, the only honest judge on the bench, entered his solemn protest against the decision. He firmly dissented and thus rescued his reputation from that gulph of infamy which swallowed his brethren, as Lot rescued his body from the flames of Sodom. I trust the time never will arrive, when, in speaking of this ve ry'case, any one can apply the same observation to this honorable bench. The inference is strong and irresistable that no such law ever did exist in Eng pounds were the common judgments in the star That court, altho' disposed favorably to the prose He then read an extract from the speech of Mr. Fox, in the British parliament, in the year 1791. Enumerating the dangers to which the press was exposed in England, he said, "In the present enlightened age, he certainly had no reason to fear that previous restraints would be attempted to be imposed on the press. The good sense of the times would not brook an imprimatur or previous securities of any kind for good behaviour." Hence, he said, it was obvious that in England no magistrate would dare to attempt what this court is called on to execute. Here then, said Mr. WILLIAMS, is an end to the question. To the loose dicta of elementary writers, I have opposed authorities precisely in point. I have opposed authorities which no art, no ingenui. ty, can evade. And, said he, is this our boasted liberty and is this the republicanism about which we have heard so much clamour? Is this "a monument of the safety with which error of opinion may be tolerated when reason is left free to combat it ?" When federalism is dead; the sedition law no more, and republicanism triumphant, shall a republican prosecutor dare to urge a restraint on the rights of a freeman, on the freedom of discussion, which no crown lawyer, in the most despotic times which England has ever known, ever daged to attempt against the most abject slave. Or shall, a court of justice carry into execution those malignant schemes of persecution which that prosecutor may dare to frame. He called on the prosecutor, thus pointedly and conclusively refuted, to forbear his attempts and in a free country to permit the press, that holy pal. ladium of our rights, to remain free and flourishing. Mr. WILLIAMS then stated that this recognizance would operate as a restriction of the true lib. erty of the press. He defined the freedom of the press tobe, a right to publish what any one pleased, without any previous restraint, being answerable for such publication. But, said Mr. WILLIAMS, this recognizance would effectually banish Mr. CROSWELL from the profession he has chosen, and deprive his family of bread. He is now called on to enter into a recognizance, himself in two thousand dollars, and his sureties in one thousand dollars each, upon each of the indictments. Thus he will be bound in eight thousand dollars, to be of good de'.wviour To forfeit this recognizance, no breach of the peace is necessary. Any act, tending to the breach of the peace, is sufficient. Should, then, Mr. CROSWELL, in pursuing his profession, say any thing, however true, tending to derogate from the dignity of Thomas Jefferson; should he simply state that Mr. Jefferson is a deist, his recognizance is forfeited. Nay, should he faithfully represent the slightest misconduct of the most inferior officer in the community; or, if a member of this bar was guilty of the infamous practice of swindling, and he should represent his conduct to the world for either of these acts, though when convicted by a jury, no court would impose a fine of five dollars, he would forfeit his recognizance, and he saddled with the enormous sum of 8000 dollars. Is not this a restriction of the press With this recognizance hanging over his head, would he dare to perform his duty? No! he would dare to publish nothing, lest the eagle eye of the prosecu tor might search out some phrase which some court would determine to be libellous. He would stand on the brink of a precipice; and, while speaking the truth, and performing his sacred duty, he might be plunged head long to ruin, without a trial by jury, for the smallest possible offence. This, Mr. WILLIAMS Contended, was levelling all distinctions in punishments. For the smallest possible offence, the person recognized must suffer the same severity of punishment, as for the most attrocious slanders. There was neither justice nor reason in such decThat all libels from the most trivial to the most henicais, should receive the same punishment, he contended, was an absurdity which ought to be, and he had no doubt would be, scouted out of court by every honest man on the bench. trine. He contended, that the jury was entitled to judge of the extent of a libel. The trial by jury was guaranteed to every citizen. But if this doctrine prevails, the court takes from the citizen that sacred. privilege, and places his fate in the hands of every magistrate. Any magistrate had only to bind over a suspected printer, and, in process of time,to declare his bond forfeited; and whatever the nature of the libel may be, the printer is ruined. And, said Mr. WILLIAMS, shall we be told that this is no restriction of the press and of fair discussion? It is laying the axe at the root of republicanism. It is closing every avenue of information. And if the attempt meets the sanction of our courts, I do not say too much when I speak my solemn conviction that the strongest bulwark of human rights is gone forev er. Our governors, our magistrates, may trample on every right, and the eye of honest censure will not dare to expose their crimes. Peculation, perse. cution and immorality, may hasten our country to the great tomb of all republics, and no one will dare to check their wild career. The power of juries are assumed by magistrates. Those magistrates are appointed by the powers that be." They may become the creatures of power. Every magistrate will become, in effect, a licencer. Nothing must be published which might chance to meet his disappro bation. And thus the old star chamber policy, at the very mention of which liberty shudders, is renewed in the plenitude of its deformity, in every village in the community. Against doctrines pregnant with such consequences, he conjured the judges to make a resolute stand; nor to sacrifice, at the shrine of party-spirit, the victim which the attorney-general had already bound and prepared for the altar. Mr. Williams here closed a very able and eloquent argument of an hour and an half, and was followed by Mr. Van Ness upon the same side. [TO BE CONTINUED.] |