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A CITIZEN, in his relation to
may possibly awe, but cannot convince. Il fess it is matter of surprize to me to ob
Imposition and deception will, at least, servo, how much they are exasperated Hither the products of your closet-labors bring,
roule, the people ; and then let dema. when their most popular measures are anEnrich our columns, and instruct mankind.
The relentment of the imadverted on, and the excreme irritation injured is vehement and terrible.
displayed by them in cases of ftri&ture on TO THE EDITOR OF THE BALANCE.
The conduct of those who have the di. their most popular conduct. They not SIR,
rection of our affairs, is a proper object only threaten the calumniator, but de.
of scrutiny. They are the servants of the nounce vengeance against those who dare ,
public, and their vices as well as virtues to publish the truth. The people of this a government founded on rational princi- | ought to be held forth to the people. Po.
country, I trust, will not endure such ples of liberty, has been described as one litical scrutiny, sir, is the life of our gov.
arrogance. The spirit of federalism wil who participates equally of fubordination ernment. It preserves the energies of
not endure it. Every true patriot will and power. This description meets the liberty. It restrains the corrupt, and
exercise the priviledge of expressing concurrence of my understanding : and in keeps virtue on the guard. The censures
withou: restraint, his censure or approbaconformity to the sense of it, I will en. of malignant partizans, can never destroy
tion of measures affecting his liberty of deavour to act. In obedience to the the reputation of honest and upright po- happiness--a priviledge which the Almighprinciple of rational subordination, I will litical servants, or estrange from them the
ty has conferred on him, and which is re. peacefully submit to laws constitutionally confidence of their political masters. But
cognized by the genius of our free con
ftitutio.. enacted ; and with reference to my right. restraints upon the right of investigation, ful power, I will exercise the priviledge will tend to the destruction of our liber
In the course of the papers which I in seperable from a freeman, of canvassing ties. An honet public agent will court
shall hereafter addrels to you, fir, I inthe measures of administration with model investigation, and challenge the malice of
tend boldly to scrutinize the measures an ration and candour, and of censuring with calumny. The result of every enquiry | dopted by the ruling party, and to analize boldoels the errors and misconduct of pub. I will shew the purity of his intentions and
ihe characters of the leaders of that party. lic officers. Our liberty, sir, has colt us confirm to him the attachment of the peo
Believing that there is a system pursued in 100 much blood, to be entrusted, with blind ple. The cunning demagogue, who lays
this country, both pernicious and deftruc. and implicit confidence, to a set of men,
live, and that the advocates of that system his plan to defraud a brave and unsuspect. whatever may be their virtues and talents.
are actuated by totives inauspicious to ing people of their rights, will fometimes The vigilance of the people must be kept affe&t to favour investigation. To ensure
our liberties, I shall not suffer the exup, to awe even the patriotic and mode.
success to his designs, he will adope fome pression of my indignation to be regulated rate.
plausible measures, calculated to catch | by the restraints of frivolous delicacy.Our political adversaries, elated with their minds and flatter their prejudices. My ftri&tures shall be pointed, not only success, arrogate to themselves exclusive Every appeal to them by his enemies will against him who schemes, but also against merit and patriotism. In the delirum of operate to his advantage. The people will
the lycophant who flatters and the tool
that executes. I shall endeavor to expole their triumph, they affert with confidence
give new credit to every successful vindi. their political infallibiliiy, and imagine it cation of his conduct, and then, after | folly in the strongest colours of ridicule, the highest presumption in the minoriiy, waiting a prudent length of time to satisfy and to hold up the villian to detestation. to question even the policy of their con is demand, he will seize their liberries. || Let, then, the persecutor step forward to duct. Their fuperior strength, may make With all due allowances to the fuperior | exercise bis vengeance; he shall find me current, but can never sanctify pernicious art and cunning of the men who direct the not only in principle, but in spirit, measures. By the force of party, they perations of our government, I must con
allachusetts Legillature. that important Magistrale, the weight of t: in France, I find them dietated by the most
the small States (among which are most of confummate art the policy of Talleyrand HIGHLY IMPORTANT MOTION.
the Eastern States, where there are few or could devise. The arrest of Moreau, no llaves) is greatly diminished.
and his probable condemnation ere this; WEDNESDAY, JUNE 13.
And whereas the apportionment of the the feizure of the Duc d'Enghein, and Mr. ELY, of Springfield, after making
direct tax, the only compensation propor his immediate execution; the pretended a few judicious and pertinent preliminary
ed by the Constitution to the States, not conspiracy, and the implication of a Bria remarks, laid the following motion on the holding llaves, for the aforesaid unequal tith Minister, are events that have followtable ; which after being read, was aflign. principle in representation is now merely ed each other in such rapid succession, as ed for consideration to-morrow at
nominal, as the national revenues are, prin to leave for a time no other impression og o'clock.
cipally, derived from commercial imposts, the mir:d than astonishment and surprise ; Whereas by the Constitution of the U.
the present administration having repealed | But these,are transitory passions, and the nited States it is provided, that the Rep.
the excise laws, which operated in some mind soon again resumes its reflective resentatives shall be apportioned among
measure by a Tax on Luxuries, to equal powers, the several States, according to their res.
ize among the several States the contribu. The attachment of the army to the per. pective numbers, which shall be determin.
tions to the Public burihens ; and having fon of the First Conful had lately become
also recently affelled additional millions on dubious and uncertain ; and it was known ed, by adding to the whole number of free persons, including those bound to service
commerce, of which the Eastern States thạt the voice of the people, though not
must pay much more than their due pro- loud, was disposed to be lo in tavour of for a term of years, and excluding Indians not taxed, three fifths of all other persons ;
portion-lo that instead of contributing the exiled Bourbons. In proportion as and further, that for the choice of the Pre.
less than their proportionate inare of pub. the Corsican despot had made himself ob. fident and Vice President of the United
lic expense, as was contemplated by the noxious to the French nation, their love States, each state shall appoint a number of
Conftitution as a counterpart to unequal recurred to its former channel ; they saw
representation, they contribute more. Electors, equal to the whole number of
with regret the throne that had been filled
And whereas a Union of the States, a Senators and Representatives to which the
tor ages part by a miid and virtuous race State may be entitled in the Congress,
measure so important in its confequences, || (with few exceptions only); they bebeld And whereas the said provisions were so
cannot, harmoniously, exist for a long pelihat regal power which had been wisely manifestly unequal at the time the consti.
riod, unless it be founded on principles, and leniently swayed by their beloved
which shall secure to all free citizens, e Henry*, now usurped by a foreigner. turion was formed, that they could have re. 'fulted only from the spirit of conciliation
qual political rights and privileges in ihe Το prove the allachment of the army and compromise which influenced the government, so that a minority may not was the fift and most material point. To
effe at this, Moreau was arrested, the idol Eastern Sates ; because, in consequence govern a majority-an event, which, on
The principles of reprelentation now eftab. and favorite of the foldiers, the rival of thereof a representation of the Siates is produced, unjuit and injurious in its ope.
dished, has already happened, and may al. Bonaparte. If his imprisonment was sufration, both as it regards the number of ways happen,
fered, he might afterwards be exiled, con. free inhabitants in the several States and
Therefore, to preserve the Union of the demned to death, or pardoned, as hatred
States upon found and just Principles, or policy might di&tate. This was an aw. their property:
and io establish a foundation for general As in a state where the flavery of man is
ful moment, a critical period, but it was established by law, the slaves have no voice harmony and confidence among all the successful,
successful. The army shamefully and in the elections--but a Planter, possessing
citizens of the United States, by securing daftardly deserted their General : thole fifty slaves may be considered as having 30 to them now and at all future periods cqual officers who had been fed by his bounty ;
those fuidiers who in the moment of dan. yotes, while a farmer of Massachusetts, | political rights and privileges:
MOVED, having equal or greater property, is con
ger and defeat looked up to him, and him
That the Senators of this Common alone, for protection and safety ; those fined to a single vote,
foldiers whom he had always regarded as And whereas the effe&t of these provif- || wealth, in the Congress of the United
States, be infructed to take all proper ions, has been rendered fill more unequal and legal measures to obtain an amendment
bis children, and whom he had never de,
serted now abandoned him-Poor Mo, and injurious, by the course of events,
of the Confiturion of the United States, since the Constitution was established, by
so that the Representatives be appointed an augmentation of the number of flaves,
“ Fall'n, fall'n, fall'n, fall'n, in the Southern States, and also by an in
among the several States according to the Fall'n from his high estate,
number of their Free Inhabitants respec. crease of personal property in the Eastern
And welt'ring in his blood,
Deserted at his utmost need States, arising from the commercial spirit lively, and for this purpose that they en.
1o obtain a Resolution of two of its inhabitants.
By those his former bounty sed; thirds of both Houses of Congress, pro. And whereas the faid provifions have
On the bare earıh repos'd he lies,
Without a friend to close his eyes." been rendered more injurious by impor- paling such amendment to the Legillatures tant political changes, introduced during that a Committee be raised to bring in a of the several Staies in the Union, and
Secure of the army, Bonaparte's next the present administration, in the purchale Resolve for that purpose.
object was to ascertain the force of the of Louisiana, an extensive country, which
people. This was a lecondary point, and will require a great number of laves for
when compared to ibie firft, attended with iis cultivation, and when admitied into
little danger. The seizure of a Bourbon the Union, agreeably to the ceßion, will
FROM THE CHARLESTON COURIER,
followed ; and to effect this, the Deutral contribute, by the number of its faves, to
rights of a neutral power were invaded ; destroy the real influence of the Eaftern
To the Editor of the Courier.
the Laws of Nations were trampled on. States in the National Government ; and
The Duke d'Enghein was carried to Paris, also in the alteration of the original mode SIR,
and after a mock trial, was executed. of electing the President of the United
IN taking a speculative review of Staies, whereby, in the appointment of The late transactions which have happened il
* HENRY IV. surnamed the Great.
Whatever might have been the feelings of | fees through the chin gaoze of political | Strong delivered a speech abounding with the people, they were filent. Something craft, and Italian deceit.
good sense, sound reason, and true federal was still to be done. The invasion of a It is evident that Bonaparte still feels neutral state might perhaps roule from its himself insecure og his ufurped and bloody
sentiment. The following is an extract dailardly leitargy the flambering force of Throne. In blood he waded to it, and by
from the reply of the Senate :-the continent. To leave no time for re.
the eff: Gion of blood alone does he retain " In all free States, the lyrants, who flection, to avert all expoftulations on that
it :-Like Damocles, he calles not the have ultimately wrelled from the people fubjet, he addresles a circular letter to ali dainues of his table, he enjoys not the
their liberries have commenced their mua the foreign ministers resident at Paris, in magmficence which surrounds him; he chinations under the garb of patriot. which he implicates a British minister in a lees suspended over his head a fwurd, llism,” and have risen into influence, by fabricated confpiracy against the lite of the which foon or late mult, and will fall, ll employing "s their talents to inflame the First Conful, and against the government
tor it is the word of retributive justice. passions of the people and excite their conof France. Cosgratulatory answers were
MANLIUS. tempt of decency and order.” Whenever, required, and probably di&lated. The
therefore, in any country, a class, or des. positive guilt of the British minister is lett
FROM THE EVENING POST.
cription of men arises, making loud and very dubious ; and while the world (par
exclusive pretensions of friendíhip for the ticularly ibat servile part of it conftituting
MASSACHUSETTS LEGISLATURE. people, yet supporting those pretensions the diplomatic characters at Paris) is draw.
THE “ General Court” of Massachu.
by no rare instances of private or public ing infcrences, exprefling doubts, and
virtue ; when such a class or description setts, at her present feffion, take high fed. wondering at the consummate impudence
o! men, let themselves affiduously to de. of the First Consul, he smiles at the fuc.
eral ground. Two measures have been a. ceive and corrupt the people, striving, by cess of his schemes and machinations, and
dopted of no little moment : one for the
fubule insinuations and by the circulation well he may smile ; for he has succeeded,
of anonymous talshoods, to deprive honorThat the electoral vote will be unitorm ; and his triumph is complete-He has a
able and virtuous men of the fair rewards the other is a proposed amendment to the verted all animadversions on his own vio.
of their talents and integrity, it becomes federal constitution, by which the repre. lation of the laws of nations ; he has turn.
all those, who have a real regard for the ed from himself and irom his own actions,
sentatives of the several states in Congress || people, and who possess a just and noble the scrutinizing eye of the world ; he has
shall be appointed “ according to their zeal to perpetuate the blessings of liberty,
number of free inhabitants." The former order and religion, to be vigilant, active given to mankind a subject replete with doubt and enquiry, and while they are oc.
has pasled both Houses, the latter has pas. || and instant, to maintain the fundamental
sed the popular branch. This may be set || principles of a free government, piety, cupied with wonder and investigation, he
down in the political docket as the great | justice, moderation, temperence, industry laughs at their credulity--himself and his
cause of deeds remain forgotten and unheeded. But
and frugality ;" and "to have a particular
The Commonwealth of Massachusetts of all the virulent and illiberal letters ad.
attention to all those principles, in the drelled by the diplomatic characters at Pa.
choice of their officers and representa
The Commonwealth of Virginia. tives." ris, on the farcical escape of the First Con
Fiat jujiieram-rual cælum, is the plaintiffs ful, I regard that of the American midir.
When this paragraph was under considter, Mr. Livingston, as the most malig.
eration, it met with the most violent opnant, the most indecent; he avails him/elf
FROM THE SAME.
position of almost every democrat in the with avidity, of the opportunity of crouch. The democrats boast of being the major- || house. The plain honest patriot will be ing, lowly crouching, at the feet ot a fan.ity of the people of the U. Scaies; take aguinary despot, and eagerly seizes the mo.
puzzled to know the reason of this oppoway their 800.000 Negro Slaves, their I. ment iavourable for bending an obsequious rich, Scotch, English and French aliens
fition. He will see nothing in the lanknee at the shrine of his Philo. Gallie pre- and renegadoes, and then see where the ma.
guage or the sentiment, that a virtuous fidential friend. His reference to the jority will remain. They dare not try the citizen can object to. But “the galled candour of Mr. Jefferson may, or may not, experiment of excluding the Slaves froin jade will wince.” You cannot make a be jut, (we would with pain investigate reprelentation in Congrels. If they are that point) but the reference is in itself ir. serious in wishing to amend the conflitu
coat for a demagogue, but every democrat relevant and improper ; if any appeal muft tion, let thein advocate this amendment, or
will immediately flip it on. Describe acbe made, let it be made where it ought, give their daves their freedom.
curately a sham-patriot, and every demoto the candour and liberality of that na.
crat will exclaim “ You mean me!" tion of which he is the reprenfentative.
Well-let it be lo—The federalists of the Mr. L. forgets, or wishes to forget, that he is the minister plenipotentiary of a re
Massachusetts Senate no doubt intended public, and not of an individual.
to sketch a portrait of democracy. The Of the various extraets above alluded to.
pi&ture must be a good one, for even de. I perceive many are without beginning
mocracy itself acknowledges it. and without end ; and I strongly suspect that some of them would imply a different
We observe, in the democratic papers, fignification if the whole letters were pub. liited, in lieu of mutilated fragments.
a general complaint of the editors, that
they cannot read the communications of Toe Ralian minister alone appears to have
their scribblers ! ! ! maintained the honor and independence of
NEW-ENGLAND SPIRIT. his country. His answer is calm and firm, divefted of all personal abuse or national At the opening of the present session of
The name of the Phiin!elphia Evening Post, an
able paper set up in opisom. to the A'iro 2, has censure—it is the language of a man who the legislature of Massachusetts, Governor
been changed to that of i Fiema's journal."
in the kingdom could possibly contend they were ready to be carried together, or with them.
rather till the outsides of the bundles were In the mode of making hay here, they roafted, and their inside rotten. The true excel as much as in their herbage. I shall principle of haymaking, surely, is, to dry therefore relare a few particulars of their every particle of the hay alike, and never process, as given me by one of them. to suffer fermentation to take place before * My chief consideration is, says he, to the hay is collected in the rick. I call
make such hay as will fatten, not merely upon every practical husbandman in the agricultural.
keep cauile alive ; and my least considera- | kingdom io counteract these spurious doc
tion is the expense of doing this. Before trines.
Let not the practice of the Noven, be.
cause it happens in one favorable season to ON MAKING HAY.
be right, divert or lessen our esteem for apparently little for them to do, I order
rational, long-tried, and long approved out my whole strength, and first, by a to the Editor of the Agricultural Magazine.
fyftems of husbandry, I remain yours,
, careful iedding,* and as loon as this is done, by an immediate turning of the
PRACTICUS. SI R,
grass, whilst it is in its grass state, this
herbage is so worked, that scarcely any AM just returned from a visit two blades of it can be found adhering to to Cricklade, in the county of Wilts. In each other, or lying in the same direction. Liberty of the Press. the vicinity of this town, í saw such land, | Thus the whole is made to lie as open or such hay, and so judicious a method of hollow as possible, and every blade is e.
FROM THE EVENING POST. making hay, as I never witnessed before ; l qually exposed to the drying effe&ts of the I am the fore defirous of once more ap lun and air, and the color and smell of the pearing before the public in print. The whole is, as much as possible, preserved.
TRACY's TRIAL. land here, though a strong clay to the very | By having plenty of hands I can give it surface, produces an herbage very luxuri- repeated turnings, and I gain nearly a
REGARDING this trial as involving ant, and at the same time fine, and plen. | whole day in the process, by working it
whole day in the process, hy working it || principles of the first importance to every titully intermixed with white clover, and well at first; and thus a lew shillings ex
American who boasts of the Liberty of the likewile tolerably early. This herbage, tra expended at the beginning, is fre. | Press
, as his birth right, and which is to when converted into hay, according to il quently the saving or gaining of pounds. | afford him a perpetual bulwark again it the excellent practice of this neighbor. ll I never suffer my hay io lie abroad upon || oppression, it would be unpardonable in bood, is found to be equally fattening with the ground atter five o'clock in the after. us to permit the occasion to pals off with. the best hay and corn, or hay and oil-cake,
noon, when the falling of the evening's | out endeavouring to atiraat and for the of almost any other district in his Majefty's || dew commences, which is, I am convin public attention on this cause and its issue. dominions. . Indeed nothing but grass and ced, very injurious to hay. I never fut.
The defendant, Gardner Tracy, prina hay are ever uled here in ihę process offer my hay to be touched in the morning ter of the Lansingburgh Gazette, was infattening, even the largest oxen; and this till the dew has entirely disappeared. I dicted for having wickedly and malicinily circumstance convinces me, that there is
never carry my hay together into a barn published, that, on the trial of Harry not so much merit in the mode adopted by or building, but always into a rick, where
Croswell for a libel on the President of the Lord Somerville, to ascertain the compar I know it settles much closer together,
United States, "the Judge (Lewis) retu. ative difpofitions of different breeds of and will keep much sweeter, and preserve
sed Mr. Croswell the priviledge of producattle to farren, as is generally imagined : its weight much longer than in a covered cing his witnesses." This it appeared was His Lordship's method may serve io dif- building."
extracted from another paper, the Uiler cover the comparative excellence of the These rules and regulations, Mr. Eli
Gazeite. We have not the Uisler Ga. land which produces their food, but not tor, although ihey may noi be new to cer zette containing the article alluted to, but of the cattle. To ascertain this, the food tain of your readers, are, I aífert, genu
we are informed it was for the original of all should be of-the same quality. For ine and eitential to the process of 'making publication of this very article that Samu. there is more difference in the quality of good hay; and the man who observes el S. Freer, the printer of that paner, was Jand, and in the respective food which them noi, is e'ther ignorani of, or inat arrested and brought before the Supreme it produces, than in the breeds of cattle. tentive to his own interest. I wish, par Court on an attachment for a contempt
of Take two yoke of oxen of the same breed, ricularly, to contrast this method with the count, and after attending in person sçrer, of the fame value, and in the same con cwo very extraordinary modes mentioned i al days was at length adjudged guilty of dition-and teed one yoke in the above in your Magazine for April as practiled on
bed by fire. neighborhood, and the other on land of che continent. I wish likewise to set i: in Whether the publication was the lame for inferior quality, on the bet land in the competition with the method recommend. which Trzcv was indicted, we cannot inoccupation of the Duke of Bedford for
ed a year or two ago, hy Mr. Wakefield, dertake to allert ; it it was, it would fur. infance; and at the end of ten months it near Liverpool, in an E!Tay to the Society
nilha fingular infance where the judges will be found, that the yoke fatted in the of Arts, and for which I am afraid herre
have punished a man as being guils, vicinity of Cricklade will be heavier by ceived a premium from the Society; I whom a jury of his country have alterone fourth of their whole weight, than the which was nothing more or less than bind wards pronounced in noçent. But as we yoke which was fed at Woburn. If the
ing up green clover in bundles, and fuf are not at present fufficiently prepared with graziers in this part of Wilfhire should fer them to remain standing on one end vill ta&ts to warrant a comparilon of the cales, think it worth their while to exert them.
we return to the trial before 113. felves in the pursuit of the premiums gi Tedding nieans haymakers Sollowing the The defendant naturally placed his reliven by Lord Somerville, no other graziers mowers, and casting it abroad with sticks.". ance on the innocence of his intentions,
then contended ior the odious and absurd tal
as a complete answer to the charge that he ment, that for a Judge to deliver from the Port of May 8th, appeared the following had published a wicked and malicious li. bench an impartial opinion, unbiassed by advertisement bel; and to shew this innocence, prayed party considerations, forms a subject of “ Four hundred dollars reward. Er. permission to prove that he had only pub just panegyrick and entitles him to the “ caped from the State-Prison, after setlished the stridi iruth for the information special gratitude of the community. With ting fire thereto, James Sandtord, a of his readers. The Difrict Attorney Mr. Justice Thompson, we cannot hesi. “ native of Long. Ifland, 23 years old, of
tate to admit that his Honor Judge Lewis, “ fair complexion, brown hair, five feet do&rine, that the greater the truth the when he precluded Croswell from produ. “ nine inches high-had on a blue coat." greater the libel, and hence to permit the cing witnesses to prove his innocence, and Now this must be allowed to possess all defendant to prove the truth would be only told the jury that they were to consider the requisites necessary to constitute a per: to prove the greater guilt upon himself. nothing but whether Croswell was the pub. feet libel. First, It is defamatory. Dr. His Honor Judge Thompson, however, lisher of the Wasp and whether or no the Johnson tells us that to defame is “10 said that he ihould certainly permit the explanations given to some passages by the destroy reputation by either acts or words; " truth to be given in evidence, 10 shew the Attorney General, were correctly given
Attorney General, were correctly given | surely this must destroy the reputation of innocence of the defendant's intention. ---but whether the defendant was guilty or Mr. James Sandford, for ii describes Accordingly a witness was produced who not of malice in the publication, was not him as a convict in the State-Prison, and swore that on application to poftpone the for them but the Court to determine, al. even charges him with setting fire to it. trial of Crofwell, for the purpose of pro.though they, on their oaths, and not the Secondly, it is all true, and inasmuch as curing witnesses to prove the truth of the Court, were to pronounce whether he was it would have a “ tendency to create ani. publication for which he stood indicted, i guilty or not, I say we readily join with mofity in the mind" of Sandford and “in. Judge Lewis refused the application, de. Mr. Justice Thompson, in admitting that duce him to disturb the peace" by assault. claring that he would not permit his wit. Judge Lewis in all this, ". was governed
Judge Lewis in all this, ". was governed | ing the publisher, the truth, instead of a nrffes to be sworn were they in Court by the best motives and from the fullest defence, is only an aggravation. We will Here Foot, district attorney, contended conviction of its correctness ;” and yet suppole now that the printer at New.Or. that this did not prove the truth of the when we hear a man high in office charge Jeans shonld in compliance with the generwords on the record, inasmuch as the o the Vice-President of the United States' al request of the Inspectors of the State. pinion of the Judge was delivered on a with being an apostate to his party, merely Prison, re-publish the above advertise. question for pulting of the trial, and not because he gave a casting vote in favor of ment irom the Evening Port; and that on the trial itself. The blundering itu. postponing for a single day, an immense when Mr. Lyon was brought to trial, he pidity that could attempi a distinction of quellion involving in the opinion of at jould acknowledge he publiched the words this sort, for the purpose of fhewing that least one part of the community, the very charged, but should move to put off the the intent of the printer, though innocent, existence of the government itselt, bave trial vill he could send to New York and if applied to an opinion delivered on the w? not cause to fear that however good the procure witnesses to prove the whole truth trial, would be malicious if applied to an " motives," and however strong the con. respecting Sandford's convi&tion, confiné. opinion delivered from the same bench viction of rectitude, the janndiced eye of ment in the State. Prison, &c. &c. “ No, and the same person on a preliminary party may be lo habituated to see through says the learned Judge, this defence is inqueftion, is truly worthy the advocate of a discolored medium, that we have a pre admissible ; if your witnesses were here in such a cause.
carious security in motives ? Poor human court I should not permit them to be His Honor Judge : Thompson, in his nature with ibé “ best motives" sometimes sworn, nor an exemplification of any recharge, treated the distinction attempted to deviates into a obloquity of conduct, into cord to be read." To the pannel he would be made by ihe Diftri&t Attorney as fucile, which it is betrayed from the
“ fullest con
say, “ Gentlemen of the Jury, 'the de. and observed chat without doubt the words vi&tion of its correctness." Therefore fendant ftands indi&ted for maliciously set forth on the record as conftituting when we find a man of sufficient firmness | publishing of James Sandford that he was a the detendant's guilt, had been substan- to resist all tempiation, and to persist in the conviêt in the State-Prison, &c. all which cally proved, so thought the jury; and Atrait forward path of uprightness, we can. is clearly libellous, and you gentlemen being men of plain fense, whole heads not hesitate to award him our bihgest ap have nothing to do with the truth or fallhad never been turned by those technical probation.
hood of the words, for if Sandford was rediftin&tions which can find a man guilty of As we fall, in the courle of a few | ally a convict and set fire to the State. Pris. having committed a crime whole inten. months, have a correct and learned report on in New York, and escaped and came Įions òre pure and upright; being utterly | of Crolweil's Trial, from an emment law hither, this is only an aggravation of the unacquainted with that species of lophil. | character, which will afford an opportuni. offence, with which Lvon stands charged, try by which they could reconcile it to ty to discuss more at large the question of and which you are sworn to try,; indeed, themselves, ubon their oaths, 10 conviet libels, we shall now conient ourselves with if we are to believe the defendant himself, the defendant of a wicked and malicious | putting a single case to fhew the absurdity who alledges that he has published noth. action, without once considering whether of the doctrine lately contended for before ing but the truth, then in the eye of the it was wicked and malicious or not--they the Supreme Court, viz. " The greater the law the libel is greater than if the same rejected the doctrine contended for on the truth the greater the libel," which,“ Law. thing had been published of either you or part of the people, confining them to the lyer" Caines says, in his speech,
mylelt ; you therefore have only to confimple quellion whether Mr. Tracy pub- only a legal but a moral position.' Gider whether the delendant published the Jished the paper or not, and taking the A libel is defined to be " a writing de. words as charged ; if he did you muat whole matter into their consideration, pro- taming a private man, magistrate or pub pronounce him guilty by your verdia." nounced the Defendant NOT GUILTY. lic person;" and the realon given why the Such a case would be precilely parallel
This verdict is in the higher degree hon. truth thall not juftify it is, that the law in all essenijal particulars with the late case orable to the jury, and melancholy to re confiders the criminality to consist in the of Croswell; I think I may venture to mark, the charge highly honorahle to the tendency of libels to create animosities and dely the subtlety of even the subile and Judge who prefided. It is indeed melan. disturb the peace," this Blackstone says, | ingenious Mr. Caines himself to make out choly that such a fate of things should al. " is the whole the law cor.siders.” Let any material distinction between them.Feady exist in the intancy of our goverr.. us put this to the test. In the Evening l And now tbe reader has before him the
66 is not