The recorder (Richmond, Va.), 1803-01-19 00:00:00

THE RECORDER;
PRINTED BY HENRY FACE, & JAMES T. CALLENDER, RICHMOND, VIRGINIA. PUBLISHED EVERY WEDNESDAY MORNING. SUBSCRIPTION TWO DOLLARS PER ANNUM, IN ADVANCE.
WEDNESDAY, JANUARY 19, 1803.
TO THE PUBLIC.
MANY gentlemen residing in states north of this have addressed letters to us, to send them the Recorder, and requested we would name any person in Philadelphia or New York, where they could send their subscription money. We take this opportunity of informing the public, that Mr. Lewis, paper-maker, at Philadelphia, will receive any subscriptions sent for the Recorder, and Mr. Coleman, printer of the New York Herald, at New York.
FOR SALE.
THE HOUSE and LOT, No. 37, on the North Side of the Main Street, near the Court House, at present occupied by Richard Thompson. By virtue of a deed of trust, executed to me, bearing date the 4th day of October, 1802, to secure the payment of a certain sum of money therein mentioned, to John Foster, and William Davidson, as securities to Richard Thompson. Will be sold on the premises to the highest bidder, at 11 o'clock in the forenoon, on the 24th inst. The above mentioned property for ready money. JOHN WILLIAMSON, Jr. Richmond, Jan. 13th, 1803.
WILLIAM MOPEET.
HOUSE CARPENTER, JOINER, &c. from LONDON, and the CITY OF WASHINGTON, offers his services to the public. Please enquire at Mr. LESTER's carpenter shop, near Brad's Warehouse. N.B. Also for sale, at the above shop, a large number of DOGS, SASHES, &c. Richmond, Jan. 19th, 1803.
WANTED, AS AN APPRENTICE.
To the Printing Business. A Young Lad, from the Age of Eleven to Fifteen Years. Enquire at this Office. Nov. 19th 1802.
50 DOLLARS REWARD.
RUN away from the Subscriber in this city in May last, a Negro man, named BAILOIR. A Black complexion, about Twenty-Six or Seven Years old, about Five Feet Seven or Eight. Formerly belonged to the estate of HOOPER and POTTER, has worked at the Blacksmith's trade. Was purchased at Public Sale, last Spring. Whoever secures the said Negro, and lodges him in Jail in this City, shall have the above reward, on applying to William Fulcher. THOMAS MOORE October 5th, 1802.
FISH.
A QUANTITY OF HERRINGS and SHAD, for Sale, By FRANCIS HYLAND. Richmond, Nov. 2d, 1802. t. f.
NOTICE.
In the matter of JOSEPH ANTHONY, BANKRUPT. THE subscriber being duly appointed assignee of the estate and effects of Joseph Anthony, bankrupt. All persons indebted to the said bankrupt, or who have any of his effects, are not to pay or deliver the same to any person or persons than the subscriber, or to such as shall be duly authorised by him. RICHARD DENNY, assignee. Richmond, Jan. 10th, 1802.
TO BE RENTED.
THAT large and convenient BRICK TENEMENT in this city, lately occupied by Mr. Robert Turner, as a Tavern and Boarding-House, situate on the corner of the Main-Street, and that leading to Col. Mays's Bridge. The central situation thereof cannot fail (if rented by a gentleman qualified for the purpose) to ensure a considerable number of respectable boarders; or, it is an eligible residence for a genteel private family. The premises may be entered, on the first day of March next, or immediately, as circumstances may suit for terms apply to ROBERT GAMBLE, Who has for sale a handsome assortment of CARPETS and CARPETING, and genuine PORT-WINE, in pipes and quarter casks.
JAMES LYNCH, HORSE-SHOER, & FARRIER.
TAKES this mode of informing the public that he has removed from his shop near the COURT HOUSE, to the CROSS STREET, leading to MR. COURT'S FERRY, where he intends to carry on every branch of the above business, with Blacksmith Work of every kind. Richmond, Dec. 22d, 1802.
WANTED.
A situation, as an ASSISTANT in a Store, A Person acquainted with plain open Accounts. ** No objection to attend a Bar at a Tavern. Richmond, Dec. 27th.
JUST PUBLISHED
AND FOR SALE AT THIS OFFICE PRICE TWO SHILLINGS AND THREE-PENCE THE CONDUCT OF MERIWETHER JONES, IN A SERIES OF LETTERS, ADDRESSED TO THE PUBLIC, BY JAMES T. CALLENDER.
MANY gentlemen, when subscribing to this paper, have enquired for complete sets of the Recorder. These are not to be had. But this little publication will, in some measure, supply the want of them. Besides the seven letters to Jones, the last of which has run through every state, and every second newspaper in the union, the collection contains many other articles. Among these are, Defence of Aaron Burr—Mr. Samuel Coleman, No. 1—Defence of Timothy Pickering—A little more about republican economy—with a variety of small pieces.
FOR SALE.
By public vendue at SHELTON's Hotel, in the city of Washington, on Thursday the 12th day of January next, at twelve o'clock, the following tract of land.—SITUATE in Northumberland county, state of Virginia, late the residence and property of PRESLEY THORNTON, esq. containing 2500 acres, lying immediately on the river Potomac—1700 acres of which are the most valuable kind of low grounds on the river, between 3 and 400 heavily timbered; the remainder is very high and extremely productive. The soil of this tract is equal to any in the state for the culture and corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious two story Brick Mansion House, and two offices, a large brick stable, valuable barn, corn house, and many other out houses all in good repair. The orchards and garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situate about a day's sail from Alexandria, Baltimore, and Norfolk. There are two good mill sites for grist, or saw mills on this estate, and plenty of cedar and chestnut timber, exclusive of the heavy timber, which, if felled up into scantling, will command a price, in the city of Washington, nearly equal to the value of the land. The terms of sale, will be one third cash, and the residue of the purchase money, in payments which will be made known at the time of sale. RICHARD PETERS, jun. Dec. 8, 1802.
TO MR. JOHN CLOPTON,
Member of Congress. No. VI.*
SIR.
WITH respect to the public debt, three things present themselves. The first is the payment; the second is the perpetuation; the third is the abolition or extinction. I now call upon you to declare in the most explicit terms, to which of these three alternatives you think the measures of Congress ought to have a tendency. The question is a very plain one; and being stated to you in your official character, your constituents are entitled to an explicit answer. I have already ascertained that the repeal of the taxes has destroyed or lessened the prospect of the payment. For this you have recourse to the last resort between the perpetuation and the extinction. I do not expect that you will openly justify a perpetuation, because this would deprive you of something to contend about; nor do I suppose that any man is so lost to shame, as to say that the public debt ought to be abolished. And yet it is evident that there are persons, of whom you are one, whose declarations and conduct are in open hostility with each other. The silence which you have observed, proves to me that you are perfectly satisfied that this is the case, and yet you want that firmness and independence of character, which is necessary to produce a candid and manly avowal. You do not stand alone in this; there are numberless persons in the same situation. Both you and they have plunged with so little consideration into the chaos of party and faction, that to stop or retreat would extinguish your political characters; would shew to the deluded people, that they had been misled; and that the political dragons, to whom they have bowed down, were either sunk into the depths of ignorance, or had risen to the height of fraud and falsehood. I do not expect that you will voluntarily make confessions which will ascertain that you have either been misled by your own weakness, or have contributed to mislead your constituents by a worse motive. The attributes of self-preservation forbid it. It, therefore, is more my duty to urge, in the most strong and peremptory manner, the truths and arguments which bear upon your conduct, and which will not fail, if ever they are candidly weighed, to destroy the confidence which has been erroneously placed in your political character. If you should say that the public debt ought to be paid, I then ask how it is to be done without adequate resources; and I also ask how those resources are to be obtained without taxes? If you should say that it is to be perpetuated, then ask by what right it is to be perpetuated, then ask by what right you and your party ascribe this policy to your political adversaries as a reason for opposition and expulsion from public confidence? If you should say that the debt ought to be extinguished, then you will assume the position and acknowledge with frankness the very object to which your votes have had an invariable tendency. The first thing which your constituents ought to know is your candid opinion upon this subject, so that they may estimate you accordingly. If your conduct and sentiments are in hostility with each other, it will be then evident that you want capacity to discover that such is the fact; or want candor to make the confession. When I reflect upon your imbecility, and the predicament into which you have fallen, and also that I have contributed so much to shew the first and to produce the second, my humanity and sensibility are excited to pity and spare you. But when I consider that you are not only my own immediate representative, but that you are a standing candidate for life, to represent the district in which I live, that it is improbable that you will ever obtain my confidence, or deserve the countenance of the district, I resolve to proceed. I well know, that it takes time to counteract the consequences of a prevailing error, or to rescue the public sentiments from the trammels of misrepresentation and delusion. Immediate success is not therefore expected. Perhaps you and your adherents may contrive to keep up the delusion and imposition long enough to succeed at the next election, but I do not think it possible that your political influence can be preserved long enough to obtain another appointment. But even if I fail in this, and the voters in this district shall determine, as the voters in France have lately done as relates to Bonaparte, that is to make you member of Congress for life, I cannot pretend to deny that they will have the right at each election to do so. Yet it is possible that I may succeed in exciting a proper spirit of enquiry, decision and action, in the minds of the freeholders of some other district, where other circular letters which have been written by other members have had a tendency no less delusive. It is my hope that persons, in other parts, will examine how these remarks apply to the conduct of their own immediate representative—that they will endeavour to ascertain whether they have not been also imposed upon by circular letters. I repeat, that I am not actuated, in the smallest degree by personal enmity against you, nor have I put under the harrow, because you
are attached either to a particular political party, or to particular tenets. Far from it, I promise that whenever I may be assured that you feel disposed to act upon principles which are really republican, that of letting some other person partake of the toasts, titles, and honors to which you seem to think yourself exclusively entitled, my opposition and hostility shall cease, but until this shall happen I shall hold myself perfectly at liberty to investigate and expose such parts of your political conduct as may deserve it. I now return to the chief object of this letter and insist upon knowing whether you think the public debt ought to be discharged, perpetuated or abolished? Upon this question I presume you have formed an irreconcilable opinion, and cannot have any objection to declaring what it is. I ask it because I am one of your constituents, and I expect an answer because it relates to the public weal. FEDERALIST.
GEORGE HAY, No. IV.
IT is whispered, that a certain lawyer, not far from us, intends to write a book on the chances, which are in the game of law. This, too, seems very odd, considering the advantages which the knowing ones now have at the game.
George Hay promises to publish arguments to justify an attack on the liberty of the press, as soon as his professional engagements will allow him sufficient leisure; but he has forgotten to tell us which of his professions occupies his time so closely, that he cannot render this service to the public. Is it the profession of law, or of law? Is his time employed in investigating the principles of Blackstone, or Burne; or rather is he not committing to memory the pages of Hoyle, or some other gambling calculation?
WHEN a person who sits next to the dealer plays upon a bad hand, loo-players call it slumping . It must have been from this idea that George Hay knocked Callender down with a club; there is certainly an association of ideas between a club and a slump, and as George Hay knew, that at last play, Callender would have beaten him, he preferred to take him by surprise.
WHAT is the distinction in reason or morality, between the man who establishes a system of gambling in his own house, and another who pursues the same system in a tavern? George Hay or some other lawyer or calist is requested to answer this question.
FROM THE REPUBLICAN WATCH-TOWER.
We have this day received Callender's Recorder. We all know that patience is a virtue, though too much of it sometimes may be the reverse. In modern days we know of no people who possess this virtue in a greater degree than those of Richmond. The conduct of Callender and Wood is intolerable; the former is countenanced by the federalists; the latter by our good and virtuous little band. After calumniating the executive and many of the best men in the union, to the great joy of his "Friend and colleague" Coleman, Callender commenced a series of false and inflammatory attacks on Mr. George Hay, Counsellor at Law of Richmond, who was lately elected a member of the executive council of the state. This gentleman, as stated by Callender, has undertaken to chastise him, and he confesses that Mr. Hay has done so pretty efficiently. Callender says Mr. Hay broke his head, although he had a deep crowned coarier hat on, and what he thinks still more cruel is, that Mr. Hay aimed a blow at one of his fingers which had been previously cut!

United States of America, Fifth Circuit, Virginia District.
December 9, 1802.
Henry Banks,
Plaintiff,
AGAINST David Campbell, Wm. M'Whann, administrators of Patrick Carnes, dec'd. John M'Queen, and James Warrington,
Defendants.
ON motion of the plaintiff, it is ordered, that one of the commissioners of this court do examine, state, and settle all matters and accounts between the parties in the cause, and make report thereof to the court, stating such matter specially, that either may require, or he think fit.
A Copy—Teste, WILLIAM MARSHALL, Clk.
Commissioner's Office,
Richmond, Dec. 20, 1802.
THE parties concerned, are desired to take notice, that I have appointed Tuesday, the 22d. day of February next, for carrying into effect the within decretal order, upon which day their attendance is required at my office, with copies of the court papers, and their accounts ready for examination and settlement.
WM. HAY, M. C.
December, 22.
United States of America, Fifth Circuit, Virginia District.
December 9, 1802.
IN CHANCERY.
Henry Banks,
Plaintiff,
AGAINST Phoebe Miller, and Catherine his wife, who was widow and executrix of Nathaniel Greene, dec'd. and who resided in the state of Georgia; Edward Rutledge, a citizen of the state of South Carolina; Jeremiah Wadsworth, a citizen of the state of Connecticut, which said Rutledge and Wadsworth, are executors of the said Nathaniel Greene, dec'd. James Warrington, a citizen of the state of South Carolina, who is agent and representative of Harris and Blackford, late merchants of Charlestown in South Carolina; Ebenezer John Collett, of the kingdom of Great Britain, surviving partner of Newcomb and Collett; William Burnett, of the state of New Jersey, heir at law and representative of Icahob Burnett, dec'd. John M'Queen, who resides in some part of the kingdom of Spain; David Campbell, and William M'Whann, citizens of the state of South Carolina, or Georgia, administrators, &c. of Patrick Carnes, dec'd. and John Steel, esq. a citizen of the state of Pennsylvania, and comptroller of the treasury of the United States.
Defendants.
ON motion of the plaintiff, it is ordered, that one of the commissioners of this court do examine, state, and settle all matters and accounts between the parties in this cause, and make report thereof to the court, stating such matter specially, that either party may require, or he may think fit.
A Copy—Teste, WILLIAM MARSHALL, Clk.
Commissioner's Office,
Richmond, Dec. 20th, 1802.
THE parties concerned, are desired to take notice, that I have appointed Tuesday, the 22d day of February next for carrying into effect the within decretal order, upon which day their attendance is required at my office, with copies of the court papers, and their accounts ready for examination and settlement.
WM. HAY, M. C.
December 22.
Richmond, (Vir.) Dec. 25, 1802.
The foregoing order relates to circumstances of very great importance, not only to the United States, but to all the parties. It has cost me a great deal of trouble, much expense and personal inconvenience to bring the cause even to this state.
Some of the defendants have substituted calumny instead of applause, abuse instead of thanks, and avaricious cupidity instead of truth and justice.
Many persons who will see this publication, will understand what are the purposes to which the pursuit will be extended; among these there are some who will perceive that their interests or characters will be not only very nearly approached, but endangered, and that they may not hereafter plead surprise, the foregoing order will be published in several other papers, in different places.
The person who was most conspicuous in these transactions, has been long dead. There were, and are, individuals who found it expedient, in order to succeed in their own designs, not only to draw a veil over the timely and important services which he rendered to his country, but also to smother the very recollection of them, by falsehood and imposture. He was dear to me. I owe to his memory a vindication, and though it has been long delayed, it has never been forgotten. But as the following letter, written to him by gone.
at Greene, in the glowing warmth of truth and gratitude, will establish more than could be done at this time, by the publication of a volume, I shall at present be content with the impressions which it cannot fail to make.
Head-Quarters, Dec. 25 1782.
Dear Sir,
The comfortable condition in which you have put the army from the large supply of blankets and clothing furnished it, claims my particular acknowledgments; for although I expect the public will make you a reasonable compensation, yet as you were the only person who had the will and the means to serve us, our obligation is equally great. I am happy to find that most, if not all our officers, are likely to get supplies of clothing through your agency. Col. Carrington, who is appointed to make the contracts for the subsistence of the southern army, also informs me your house have it in contemplation to engage in his business. Great as all our other obligations are, if you contract for the supplies of the army, this will be greater than all the rest, for the present mode in which we are supplied is truly distressing, both to the people and to the army. The manner of collecting by military parties, renders it distressing to the citizens, and from the uncertain collections, the army is often without any thing to eat. This is hard upon troops who have bled to free the oppressed people. I must beg you to hasten your proposals, and I flatter myself you will, from your attachment to the cause, as well as a regard for the army, serve the public on the lowest terms.
I am, dear Sir,
Your most obedient servant, NATH. GREENE.
Mr. John Banks.
This, from a victorious general, to a young man of a warm and sanguine temper, was highly flattering.
It is farther added, that J. Banks made the contract—peace ensued—he not only sunk a great deal of money by it, but died before his accounts were settled. General Greene administered upon his affairs, obtained possession of all his papers, besides very valuable landed estates in South Carolina and Georgia, which circumstances, with many others of great importance, are clearly stated upon the bill.
A copy of my bill of complaint and exhibits have been forwarded to the secretary of the treasury, accompanied by a letter which was dated upon the 15th of November, 1801, in which an investigation was requested. This mode was adopted, because it appeared to me that as the interest and honor of the United States were concerned, a direct application to him, was not only proper, but would facilitate the settlement and decision. It is, however, to be presumed, from the silence of Mr. Gallatin, that he thought otherwise. My next application, therefore, must be to Congress. In the mean time, it affords me pleasure, if such aid may be offered by Mr. Gallatin as may be reasonable. This application will be made during the present session, if possible, but at all events, before the end of the next.
HENRY BANKS.
WANTED,
TO hire for the present year, a NEGRO MAN, who understands PLANTATION BUSINESS. Likewise, a BOY of 14 or 15 years old, or a woman who has been used to out-door business. Enquire at this office.
LITERATURE.
ON Thursday Evening, January 13th 1803, will be sold by auction, a large and general collection of modern BOOKS, in all arts and sciences, consisting of Law, Theology, Medical, History, Philosophy, Geography, Memoirs, Voyages and Travels, Poetry, Periodicals, Novels, &c. The sale to commence at SIX o'Clock, in that large and commodious room, two doors below the Eagle Tavern.
PROSSER & MONCURE.
Richmond, Jan. 12th. 1803.
(11)
The RECORDER.
RICHMOND.
JANUARY 12th 1803.
LATE, AND VERY IMPORTANT
LONDON NEWS,
Received via Charleston.
LONDON, Nov. 26, 1802.
Conspiracy against the KING and GOVERNMENT!
Yesterday morning at 10 o'clock, a privy council was held at lord Pelham's office, for the purpose of investigating the charge brought against col. Delpard and his associates, who were apprehended in Oakley street, on Tuesday evening.
At 11 o'clock col. Delpard was brought in custody to the office; but was asked very few questions by the privy council. The greatest part of the day was taken up in examining other persons, who were privy to the proceedings of the meeting, when a great deal of useful information touching the business transpired. At 3 o'clock, colonel Delpard was ordered to be conveyed to Newgate. His wife attended him, but was not suffered to communicate with him except in the presence of a third person.
We understand, that it was the object of the conspirators to make an attempt on the life of his majesty, on his way to the parliament house, on Tuesday. In this horrid undertaking, they were to be joined by 2000 of the poor of Spitalfields; and about the same number from St. George's Fields, &c. amounting in the whole to 40,000 men. The attempt on his majesty was only intended as the first scene in this frightful tragedy; and it is said that having succeeded in that, it was their farther plan to seize the Tower, where having armed themselves, they meant to return and take possession of the bank; from thence they were to proceed to Buckingham house, and seize the rest of the royal family resident there. It is expected that a special commission will be immediately issued for the trial of the offenders. It is almost unnecessary to add, that he is the col. Delpard who was so long confined in Coldbath Fields prison.
FOR about twenty five years after the present king of Great Britain succeeded to his grandfather's throne, it was one of the favorite amusements of a majority of the people of England to cast upon him every conceivable species of calumny. About seventeen years ago, however, an absurd attempt was made to assassinate him. This attempt was made by an unfortunate woman. With whom his majesty had entertained a particular sort of connection, of which it is not necessary to give a plainer explanation. The idea of the murder of a king of England had almost turned the heads of the English nation. From this time forward, his Britannic majesty has enjoyed the cordial attachment of the British nation.
The advantage of this alarm was immediately felt: The issue of the matter has been, that we have since been alarmed with various reports of the assassination of the king of England. The following article we consider as a sort of postscript to these previous publications. Two thousand Spitalfield's weavers had undertaken to kill the king of England, and eight thousand others were to join them. To any man that ever resided three months in England, and who knows any thing about the state of society in that country, the thing is an absolute farce upon probability. It is our humble suspicion that this story has been fabricated in an American seaport. It is hardly credible, that the printer of an English newspaper would have risked to queer a publication. At least this is what we conjecture. Early in summer last, the Recorder contained an original article, respecting col. Delpard. He had been committed to prison. An exaggerated account of his severe usage had been delivered in Parliament Street, it was presently refuted by a letter from himself. This letter denied, in the strongest terms almost every thing that had been urged against the British government. Thus it is, that the ins and the outs; that two contending factions cast pyramids of falsehoods in the faces of each other. The editors do not flatly affirm that this pretty story of col. Delpard is an American seaport invention. If they are incorrect, they will in due time prostrate themselves under the correction of truth. But the project of affirming, that ten thousand Spitalfield weavers were to put an end to the British government, forsooth, is entirely remote from their habits of thinking.
FIRE.
A LETTER from a student at Washington Academy, Rockbridge county, to his friend in this city, informs, that, on the night of Sunday, the 9th instant, about 10 and 11
o'clock the roof of the house was on fire, supposed to have caught from some aperture in one of the chimneys. The flames had got to such an extent, that all exertions to extinguish them proved fruitless. The library, and college apparatus, and students property, were generally saved. It is believed that the building, which was of stone, was injured. If so, it is hoped that this useful and flourishing seminary, will soon be in a situation, once more, to receive students, by an edifice being speedily erected on a more enlarged scale. It is added that the citizens of Lexington immediately invited the youth to their respective houses, where they will be provided with accommodations, and a house in the vicinity, rented for the purpose of rehearsing, &c.
Richmond, Jan. 18, 1803.
FROM THE NORFOLK HERALD.
TO THE HONORABLE GEORGE HAY.
As one of the people of Virginia, to whom you have condescended to appeal, permit me to address myself directly to you, by way of acknowledgement, for a mark of your respect, which considering the bold measure you have adopted, was more than could be reasonably expected. The politeness and humanity of a public executioner afford some consolation to the unhappy sufferers; and if we are to be enslaved, a shew of kindness and respect may gild the bitter pill. But, sir, I trust we shall neither be cajoled by flattery, nor intimidated by menace, when our freedom is at stake.
You commence, Mr. Hay, by informing us that this great question arose in consequence of a measure suggested by yourself. This may be the truth, but then it is not the whole truth, and it need not be observed to a gentleman of your profession, that suppresso veri, et allegatio falsi is the same. To have rendered the matter more intelligible as to fact, you should have told the people, that, in consequence of an expectation of an attack upon yourself, you have moved and supported a question which in its consequences involves the most important rights of your country. The dexterity, sir, with which some gentlemen assume patriotic airs, and endeavour to cover all their actions by an affectation for the public good, induces me to warn you that, at no future time, you are to tell us, that you were influenced by considerations for the public good. Calender and Pace had been constantly, through their paper, for many months, attacking a number of the first characters in the United States, and with much more violence than they have attacked you; but the peace of society, and honor of our country, were in no danger until you were threatened.
You seem anxious to remove any odium that might be imputed to the republican party, in consequence of this measure, and from which I am willing to acquit that party; the only odium that can attach to the republican party on this occasion, is the countenance which it may hereafter give to a man who has aimed a deadly blow at the freedom of the press, at once the honor and safety of a free government.
You seem desirous to impress us with a confidence which you have of the correctness of your motives, but with all your management the agitations of a mind not at ease are strongly marked. You inform us that you consulted none of your political friends on this occasion; that your consultations were with your professional brethren, who though differing in political sentiment, concurred with you on this occasion. It is difficult to understand what you would have us to infer by this information, and therefore without endeavouring to investigate your meaning, allow me, Sir, to tell you that it is quite possible for gentlemen of different parties to think alike upon an abstract question. Calonne and Robespierre would have thought alike upon the liberty of the press, and depend, Sir, in America that, the press can have enemies among both parties. It therefore is to be hoped that you will not be allowed to claim any advantage, from a concurrence of sentiment by gentlemen of different parties, and it cannot but be gratifying to the enemies of a free press to see its destruction attempted by those who

had been reputed its warmest defenders.
Your ideas of the liberty of the press appear to be such, as most exclusive patriots entertain on that subject. You seem to think that the most unqualified abuse of public men and measures should be permitted without restraint, and that private scandal is what alone ought to be the object of restraint. It is evident, Sir, that your passions have misled your judgement; you are too much of a lawyer, Mr. Hay, not to know the facility with which precedents may be worked into principles of law. The distinction between Mr. Hay, and the honorable George Hay, counsellor of state, would soon be lost in the operation of principles such as you wish to establish. And with submission to your better judgement, I think if a bold measure which menaces the public liberty is adopted, it should have the appearance of public good for its object, and not the gratification of individual resentment.
Judging, Sir, of men by their actions, and not by their professions, it will, I imagine, be sometime before you can convince the public of your attachment to genuine freedom. I shall be glad to see the defence which you propose to make, and if I should be hereafter convinced of my error, my acknowledgement shall be explicit and prompt, but (as you say) "this conviction will never come!"
In the conclusion of your address, you drop a few words which are designed to shelter your character from inconsistency, and you would fain persuade us that "under the state governments," a restraint upon the liberty of the press is no evil; this idea you have borrowed from governor McKean: your appeal to him put us in the mind of a vulgar adage, "ask my brother, &c." Sir, governor McKean's ideas upon the liberty of the press, are upon record in the case of Olwald, the printer, when McKean was chief justice of Pennsylvania. The writer of this, Mr. Hay, does not know you; so can have no malice against you; he knows nothing of your character, except what you have been pleased to say of yourself; you appear anxious for political fame, the opinions of the public will in future determine your merits.
VIRGINIUS.
Norfolk, Jan. 5
FOR THE HERALD.
THE commitment to prison of one of the editors of the Recorder for not giving security for an act not committed, is an act that will be viewed with more or less horror according to the estimate that men will make respecting the merits of an individual as in the case of the editor, or respecting the violation of that liberty, the enjoyment of which is our constant boast.
The editors of the Recorder are brought before the justices of Henrico, at the instance of George Hay, Esq. to give security that they shall not publish libels against said Hay and others. The result was as above mentioned.
Before we begin to animadvert on the justice or legality of the measure, would it not be satisfactory to be informed whether said Hay prosecuted in vindictam publicam , or for animus injuriandi ? If the first, was it his functions? or was it supererogatory? If the last was his ground of complaint, it is presumed (we cannot doubt it) that he offered probation of the charge? No doubt the sapient justices knew its relevancy; whether it was positive or presumptive; whether it was facto juris or juris et de jure . It may probably be said, that this act was not yet committed, that this libel was only to make its appearance on the pages of the Recorder, and some infering conclusions a posteriori even believe that Mr. Hay was of opinion that the law could amerce the editors for what he was going to publish; as the latter might probably be permitted to offer the truth in evidence at the trial. However that might be, Mr. Hay found a better way, and according to
his procedure we need not now wait such precarious results; but whenever we shall imagine any thing is to be published respecting us (we influential citizens) we have nothing to do but have the editors muzzled by making probation before impartial justices of our case, lay the damages heavy, and let the rascals go to jail. What is their liberty to the purity of our characters? "All truths should not be told at all times," and these fellows should not be permitted to tell unwholesome truths, especially respecting official conduct and character.
Our justices, our justices Christianitatis will not only find the relevancy of the prosecution, that is, the sufficiency of the facts charged to infer the conclusion, but will spare a jury the useless trouble of finding them true. Some, with exceptionable partiality say, that such trials ought all to be held in Henrico county, as they doubt whether there could be found three out of four justices in any other county in any state of the Union that would give a similar sentence, but we dislike insinuating.
Was Mr. Hay afraid of the exposure of some professional tortuosity, in the discharge of his honorable mission to Norfolk, to take precognotory evidence respecting an act of magistracy? Or in the delation of the same to his honorable employer for official denunciation before trial? Or was he of opinion that "truth was no libel? However little we may wish to encourage slander or propagate falsehood, we cannot think that falsehood ought to be punished beforehand; and Mr. Hay and his friends must suppose that some will believe that he had a tender conscience by having recourse to this tyrannic and unjust measure. If these remarks are obligatory, the cause is obvious and notorious. It may, however be hoped that the justices of Henrico, who could not see through ignorance, having the law laid before them, will receive a suitable commendation for their prompt execution of the laws; and no doubt the newspapers throughout the United States will echo and re-echo their fame, should their act not be made a subject of executive communication.
A Citizen of the United States, Norfolk, Jan. 3
FROM THE NEW YORK GAZETTE.
Mr. Callender engaged Tom Paine on the 1st. inst. and gave him some severe blows. How many rounds they have had, and the issue of their contest, are not yet come to hand. Previous to the fight, after the manner of Homer's heroes, Mr. Callender called Paine "the hireling, or the volunteer of 17th May Jefferson;" said that his first letter contained "the grossest and most vulgar vanity;" and declared that he would have no concern with "himself, or his horse Button." The reply of Paine to this language against himself and his horse Button is not known. It is generally believed that the presidential champion, after a short struggle, gave up, being debilitated by his sea passage, and receiving only the crumbs of the Mammoth cheese.
FROM THE VIRGINIA GAZETTE.
WEDNESDAY, December 19, 1802.
THE LIBERTY OF THE PRESS INVADED,
Notwithstanding the declaration of rights made by the good people of Virginia, assembled in full and free convention, and which declares, "That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic government."
A quarrel of a private nature between Mr. George Hay, a member of the executive council of Virginia, and Mr. Callender, the editor of the Recorder, has given rise to a more formidable restraint upon the liberty of the press, than any scheme which has ever been invented by the enemies to free discussion. This quarrel has been made the
grounds of attacking the palladium of American liberty, in a manner which no citizen of the United States could have supposed or expected. Unless speedy measures be taken for preventing, in future, like attempts, the boasted freedom of this country will only be the "shadow of the name." A particular account of this interesting affair cannot but be, therefore, acceptable to the citizens at large.
It is not our intention to enter into the merits of the quarrel between Mr. Hay and Mr. Callender. We wish to be thought neither the partizans of the one or the other, but we consider it our duty to lay before the public the particulars of a transaction, which we consider of greater magnitude to the interest of Americans, than any circumstance that has occurred since the formation of the federal constitution. Mr. Callender has been thrown into jail, where he now lies, without either trial by jury or any other body, not for any crime which he has committed, or any thing which he has written; but to prevent his future publications. The magistrates of Henrico county, upon the application of Mr. Hay, required that both Mr. Callender and his partner Mr. Pace, should find security in five hundred dollars each, besides their own security to the same amount, that they would publish nothing libelous upon any characters public or private, in the state of Virginia. Mr. Pace gave security, but Mr. Callender did not, and was in consequence thereof ordered to jail.
It is the legality of this extraordinary stretch of power, which we mean to investigate, and not the personal quarrel between Mr. Hay and Mr. Callender. Mr. Hay, it appears, had assaulted Mr. Callender in a public store in Richmond, and had beaten him with a stick, or, as Mr. Callender terms it, a bludgeon, for some reflections which were made concerning Mr. Hay in the Recorder, in consequence of which assault, Mr. Callender bound over Mr. Hay to keep the peace, as is usually done in such cases. Mr. Hay, in his turn, applied to Mr. Foster, the mayor of Richmond, to grant a warrant, to commit to jail Messrs. Callender and Pace, unless they gave security that they would publish nothing that reflected on the character of Mr. Hay, or any of the citizens of Virginia. The mayor very properly refused to grant such a warrant, as being in his opinion laying a previous restraint upon the freedom of the press. Mr. Gervais Storrs, one of the magistrates of Henrico county, was next applied to, who granted a warrant for the above purpose. Mr. Callender and his partner, Mr. Pace, in consequence, attended in the court-house of Henrico county, on Friday morning, with Messrs. Marshall and Rind as their counsel. Mr. Hay also appeared with Messrs. Wickham and McRae, as his counsel. The magistrates who sat upon the occasion were Gervais Storrs, William Price, Pleasant Young-husband, and Joseph Selden, esquires.
Mr. McRae opened the cause, on the part of Mr. Hay, and demanded that Messrs. Callender and Pace should be bound over from publishing libelous matter, as being persons of bad fame. He said that the magistrates had the discretionary power of binding over characters of this description, by a statute of Virginia, similar to the 34th statute of Edward III. C. 1. which empowered the justices of England to bind over to the good behaviour towards the king and his people, all those that be not of good fame. He read the several acts which constituted bad fame; these were sleeping in the day; prowling at night; frequenting houses of bad fame; gaming, drunkenness, being in the habit of using libelous expressions. He said that he could prove by a bundle of the Recorder which he held in his hand, that Callender and his partner Pace were men of this description; that Pace was even more insignificant and base than Callender, as being destitute of talents. He maintained that Callender was a vile calumniator, and malignant slanderer; that he had libelled Mr. Madison, a
gentleman whose whole life was an example of the strictest virtue; that he had slandered Mr. Giles; and, in short, almost every respectable person in the state of Virginia. He was proceeding to unfold Callender's general character as a noted libeller, when Mr. Marshall interrupted him, and hoped that their worships, the magistrates, would confine the counsel of Mr. Hay to the charge contained in the warrant, which solely related to the libelling of Mr. Hay, and not any other individual. Mr. McRae, in reply stated, that Messrs. Callender and Pace were required, by the nature of the bond given on such occasions, to keep the peace with the community at large, it was necessary to show that they had not only threatened to libel Mr. Hay, but had already libelled several others, and to prove that they were men who bore the characters of infamous libellers.
The magistrates, when their opinion on this point of law was asked, concurred with the counsel of Mr. Hay; Mr. McRae therefore proceeded. He endeavoured to exhibit the character of Mr. Callender in the most odious point of view, as a slanderer, a miscreant, and a person who by his repeated calumnies on virtuous citizens, had justly incurred the character of a libeller, and consequently that of a person of bad fame.
He indulged in a strain of invective against Mr. Callender, which we think improper to repeat. He concluded by praying that both Mr. Callender and Mr. Pace should be required to give security, in such a sum, that neither they nor any friend they would find, would easily pay, if they transgressed. Mr. Wickham made also, a short speech on the propriety of binding over both Mr. Callender and Mr. Pace; but he entirely abstained from all abuse or invective.
Messrs. Rind and Marshall, as counsel for Callender, began their defence by stating, that the magistrates of Henrico county were not empowered to take cognizance of the present question which properly ought to have come before the magistrates of the city of Richmond alone. That the dispute was between two citizens of Richmond, and being a criminal case, and not a civil one, was not cognizable before the magistrates of the county. That if this mode were generally adopted, it might sometimes occur, that criminals would be indicted, prosecuted and tried for the same offence before both these courts at the same time. They were answered by Messrs. McRae and Wickham, and the magistrates concurred in opinion with the latter.
Mr. Rind, in his defence for Mr. Callender, stated, that the character of bad fame could not apply to Messrs. Callender and Pace; that they were men who were industriously employed; that they neither frequented houses of bad fame, or were addicted to gaming and idleness; that they could not be charged with publishing libels, as no jury had found them guilty of that crime. He maintained that no publication could be deemed libelous, unless regularly found to be by a jury, in the ordinary process of law. That unless this was first done, it was not proper that Messrs. Callender and Pace should be bound over. He argued, that if the magistrates, in the present instance, obliged Messrs. Callender and Pace to give security for their future publications, that it would amount to a restraint upon the liberty of the press, which no court in a free country were empowered to inflict. He asserted, that if the magistrates in the city of London, dared to commit any printer to prison, for not giving security in a similar case, that both the magistrates and the actor would not remain in existence twelve hours after. He hoped he should never witness the day, when the justices of Virginia, or any other state of the union, would hazard such a stretch of power as was asked by Mr. Hay; he said, he did not come into court either to defend or to oppose Mr. Callender; that he received nor would take, though offered, no fee on the occasion; that his motives were purely patriotic and voluntary; that he appeared as the advocate for the libe-

ty of the press, that if the magistrates agreed to the proposal of Mr. Hay in the present case, the freedom of the press might justly be said to be extinguished in this country. He said, that if Mr. Hay thought Mr. Callender published falsehoods reflecting on his conduct, that it was his duty to prosecute Callender and Pace for defamation, and that a jury would determine the extent of the offence. This was the only and the proper course in his opinion, which Mr. Hay ought to pursue. But if the magistrates bound Callender and Pace over, they would become the judges of the nature of the publication in question. They would in fact, assume an authority, which was never vested in any magistrate in a free country. He therefore entreated, that their worships would properly consider the magnitude of the present question, which was one of the most important that ever occurred in the union, and not by binding Messrs. Callender and Pace to keep the peace, lay a restraint upon the liberty of the press, which would be reprobrated from one end of the continent to the other.
Such was the general tendency of the able speech which Mr. Rind made on this occasion, and for which he merits the thanks of all citizens who have a concern for the preservation of the palladium of true liberty.
Mr. Marshall proceeded nearly on the same grounds with Mr. Rind. He stated to the magistrates, that his motives for appearing in court were precisely the same with those which actuated Mr. Rind; a desire to preserve the liberty of the press from any unjust attacks which might be attempted to be laid upon it. In support of the illegality of binding over printers to keep the peace, he read in court the sentiments of Judge Blackstone, on the liberty of the press, book iv. chap. 11. § 1. This learned author expressly declares, "that the liberty of the press consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity." Mr. Marshall therefore argued, that the act of binding over Messrs. Callender and Pace was unquestionably a previous restraint laid upon the press. That those two men had not yet been proved guilty of libelling any person, nor was any prosecution at present intended to be commenced against them on that supposition; but that Mr. Hay merely on suspicion that they were to publish libels on his character, demanded of their worships to bind them over to keep the peace. Mr. Marshall said, that it was the most extraordinary application which he ever had heard of; and if the magistrates should comply with the demand, it would be an act equally extraordinary. But he hoped that this would not be the case, nor that it would be said, that in the state of Virginia, the freedom of the press had received a check which it never experienced in any country that boasted of liberty.
Mr. Wickham in reply, contended that the binding over of Callender and Pace would be no restraint laid on the liberty of the press. That they were at full liberty to publish what they pleased notwithstanding; and that their recognizance could not be forfeited unless they published libelous matter which would remain to be determined by a jury.
Mr. Rind, in answer to this argument proved clearly that it would act as a previous restraint upon the liberty of the press; for if Callender and Pace gave security, and afterwards published what might be deemed libelous, that they would be sued simply upon the recognizance, which would unquestionably be forfeited, however trivial the nature of the libel might be.
Notwithstanding this reasoning on the part of the counsel of Callender and Pace, which we believed appeared
satisfactory to the greater majority of those who were present, both the editors were required to give two securities, in the sum of five hundred dollars each; besides their own bonds to the same amount. Mr. Pace gave security, but Mr. Callender having failed to give security, was sent to jail, where he now is, without any other detainer. Mr. Selden was the only magistrate of the four who voted against the decision. He said he thought it improper that such a restraint should be laid on the press.
The citizens of other states will no doubt be anxious to know the political principles of the several magistrates and the counsel on both sides. Mr. Foster, the mayor of Richmond, is considered to be a federalist. The four magistrates who presided in court are known to belong to the party called anti-federal or democratic. Mr. Marshall, counsel for Messrs. Callender and Pace, and Mr. Wickham, counsel for Mr. Hay, are federalists. Mr. Rind and Mr. M'Rae, the other counsel, are of the other party.
This decision furnishes, however, the most decisive proof of the real principles of the present ruling party, and of those men who are perpetually bawling about liberty and republicanism.
The committment of printers to jail on suspicion that they might publish libels, is an act which never until now was heard of in the United States. Such a circumstance never occurred in Great Britain, or indeed in any country where the people enjoyed the liberty of the press. Mr. Rind properly observed, that if such an attempt should be made in London, that both the magistrate and the agent in the business would lose their lives in twelve hours after. We truly believe this would happen; but no justice would have the audacity to make the attempt. We can state on the authority of a person who once had the opportunity of being present in the court of session of Edinburgh, which is the court that generally decides all matters of any importance in Scotland, when an application was made to the lords of session to issue a warrant against the printers of a periodical pamphlet, in order to oblige him to give security that nothing libelous would appear in the succeeding numbers. But the learned lords who composed that court, were unanimously of opinion that no such previous restraint could be laid upon the press. If any libels were published either against government or against individuals, they laid ample redress could afterwards be procured, but the binding of individuals over to keep the peace was an act that only took place when personal danger or destruction of property were apprehended.
If we consider the words of Sir William Blackstone, it will appear that this was evidently the opinion of that learned lawyer. "Any justice of the peace (book iv. chap. 18. § 1.) may, ex officio , bind all those to keep the peace, who in his presence make any affray, or threaten to kill or beat another; or go about with unusual weapons, to the terror of the people; and all such as he knows to be common barretors; and such as are brought before him by the constable for a breach of the peace in his presence; and all such persons as, having been before bound to the peace, have broken it, and forfeited their recognizances. Also, wherever any private man hath just cause to fear, that another will burn his house, or do him a corporal injury, by killing, imprisoning, or beating him; or that he will procure others so to do, he may demand surety of the peace against such persons; and every justice of the peace is bound to grant it, if he who demands it will make oath, that he is actually under fear of death or bodily harm; and will show that he has just cause to be so by reason, or the other's menaces, attempts, or having lain in wait for him; and will also farther swear, that he does not require such surety out of malice or for mere vexation."
If the decision in the face of Callender and Pace, should prevail, the construction of libels would be entirely left to magistrates. They will have the power of judging of the extent of the
supposed libelous matter, and not a jury. The inconvenience that will hence arise to society cannot be better described than by quoting a paragraph from Junius on this subject:
"If any honest man shall be inclined to leave the construction of libels to the court, I would entreat him to consider what a dreadful complication of hardships he imposes upon his fellow subjects. In the first place the prosecution commences by information of an officer of the crown, not by the regular constitutional mode of indictment before a grand jury. As the fact is usually admitted, or in general can easily be proved, the office of the petty jury is nugatory. The court then judges of the nature and extent of the offence, and determines, ad arbitrium , the quantum of the punishment, from the small fine to a heavy one, to repeated whipping, to pillory, and unlimited imprisonment. —Cutting of ears and noses might still be inflicted by a resolute judge."
The case in question is even more dangerous than that which Junius supposes. For according to the opinions of the justices of Henrico county, a single individual magistrate is vested with the power of obliging any person whom he may suspect about to write libelous matter, to give recognizance to an enormous amount, which recognizance will be forfeited, if the person bound over should afterwards publish the most trivial libel.
The jury ought to be the persons entitled to judge of the extent of a libel; but according to the principles now laid down, this is left to the pleasure of any magistrate; for whatever the nature of the libel may be, the whole sum mentioned in the bond of security becomes forfeited.
We shall suppose, for instance, that a person has given a recognizance for five thousand dollars; this person afterwards accuses some obscure individual in the state, of some insignificant act that he never committed, and which perhaps does not injure his reputation not a cent, yet he is compelled to pay the five thousand dollars equally as if he had libelled in the most slanderous manner, the whole community. There is neither justice or reason in this doctrine. —Such a principle in law was never started before; that all libels, of every description, from the most trifling which can be conceived, to the most heinous and aggravating that can be committed, should receive the same punishment. For this will be precisely the case, if the despotic doctrine laid down by Mr. Hay, his counsel, and the three justices of Henrico county, be sustained. The suspected libeller is not punished for what he has done, but for his future crimes. Therefore, however he may conduct himself, whether immoderately or with discretion, his punishment is the same. It is astonishing, how any men versed in law, could have advanced, or listened to such absurdities. It is pretended, that many such instances have occurred in England; but that they have been too trifling to be noticed. No attempt has ever been made in Great Britain upon the liberty of the press, but which has sounded from one end of the kingdom to the other; and if such an extraordinary instance as the present had happened, the whole world would have heard of it. It would not have been confined to Great Britain alone. Statements, and replaintments of it, would have been published in every country and in every language in Europe, where the freedom of the press is suffered. What noise did the trial of Woodfall make! What commotions did the persecution of Wilkes stir up! Yet these were cases insignificant and petty when compared to the present. No doubt but many acts equally tyrannical have been committed; and are still committed with regard to the press in other countries, where liberty is not allowed to breathe. Such a decision, or order, would be thought nothing of at the present day in France; it would only accord with the general policy which seems to prevail in that country. But this decision, in a free country, such as America, must excite, not only surprise, but the most poignant indignation in the
breast of every man who knows what freedom is; who understands the importance of the preservation of the press to his personal liberty, and who is not so debased as to court the interest of party or faction.
If the present restraint upon the liberty of the press be suffered to pass unnoticed, men in office may sport what actions they please with impunity. No strictures can be made either on their conduct, or on the measures of government. No individual will be suffered to examine into the conduct of magistrates or persons holding offices under government. The lips of honest scrutiny will be sealed up. Peculation, disorder, and immorality may triumph, without the eye of censure daring to behold and expose crimes. The citizens of the United States will be hurled instantaneously from a state of virtuous freedom, into the abandoned condition of servility. Such, unquestionably, will be the melancholy consequences of such doctrines!
The restraint which the sedition act laid upon the press was trifling in comparison of the present; nor did it affect the press so materially as was imagined; but it was found to be improper, and consequently was repealed.
The apprehension of personal danger, and the defamation of character, are circumstances very different. It is highly necessary that preventive justice should take place in the former, but not in the latter. No redress, but what is pecuniary, can be procured by a personal assault. If a man has an eye knocked out of his head, no court or jury can replace it; but character may be repaired. Upon the conviction of the slanderer, the reputation of the slandered stands in the world as fair, and sometimes higher than ever. It is, therefore, evident, why the policy which justifies that men of bad fame should be bound to keep the peace, is not intended to operate as a restraint upon words or publications. —Bodily injury, or the destruction of property, are not easily repaired, but character suffers no loss, when the slander is proved false and malicious.
If the mode of binding over persons to keep the peace and refrain from making strictures upon characters be found to be law, in what a situation will Paine, Cheetham, and Duane be placed? The author of Cotton Sense may return back to France; the Clintonian editor may ship himself for Manchester; and the organ of the public Will, may take his passage to Calcutta. These desamers of morals will even be at more liberty in the countries which they have forsaken than in America, if the present doctrine should prevail. We are convinced that no circumstance which has happened since the revolution will attract the public notice more than the committment of Callender to jail. With the greatest anxiety we wait the issue of this important affair, on which the liberty of the press depends. Not only the citizens of Europe are interested in it, but thousands of Europeans who may be at this moment preparing to make America their future home. The intelligence of the event, if unpropitious to the cause of liberty will be conveyed across the Atlantic with more eagerness, and will strike the embarking alien with more terror, than the sedition and alien laws ever did.
It would seem, that the present ruling party are afraid that certain secret matters will break forth, which may bring into disgrace several characters who are now in high repute, or they would never have resorted to such an expedient, which they themselves, not two years ago, reviled and execrated. The clamors of the democratic party during the administration of president Adams, are certainly not forgotten. Yet in that administration no stretch of power was exerted by any magistrate, or justice of the peace which could be compared to this. Those who were accused of writing libels, before they received sentence or punishment, were regularly tried, and found guilty by juries. No proposition was ever made to bind either printers, authors, or booksellers, from publishing what they pleased. This extraordinary attack upon the freedom of the press was reserved to the present day.