The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-12-19
Vol. |. |

For the MASSACHUSETTS SPY.
The GEM TINEL, No. XVI.
-.&I.-----------Witb bim,
His friend The Byii@ +" CeOIm, fea,ltls bled !:
Ofhgb dtfsrmiNed Pirif roughly brave,
BY ancient learning to fB enlightened hVs,
Ofancent freedom sUaymG THOMPSON.
SeeNAaa::fAeSAsSFFAVE conGdered the orr
sinaI of the notion Of ibels.
SsSE + NR2 They appear to be the
@ lIA offspring of the eiVii iaso,
SS1NsgsS aud were introduced with
y&DNDS@S5 the commandment of that
4 " inEpsIand. They can be therefore no part
Of common law, aud can never be admitted
by a common lawyer. But find or looking
inso The matter tia; the court of far chamber,
where we are told we muh expect all the
Learning relative TO libels, has not only pro-
ecedcd on the rules of the civil law, but has
gone bysnd tbsm. Its deciiions are con-
ionant to the lpirit Of neither Of theie inititu
tons, but as Lord Coke iays in another
cafe, they are fuipended between both as TT
for neither. Il fecms to be effsbliihed in
the cafe adjudged, Patch. 8. Jacob I. which
ieems to be thought law now, that it is i'm
material whether the libel be true, or whe-
Their the party againf whom it is made, be
of good OF i'll fame. The dfcuflion of this
point brings US to what we dehgned in our
fecond place, viz. the examination of the ma
fle5s u a llus. And heic l iha.i ih5w thar
this notion is repugnant TO all our notions OF
q free government, to the rules and fpirit of
the civil law itfelf, and much more abbot
ent to common law.
That this doctrine is contrary to the genius
ola free fate. appears BY little in(peetion into
the principles which conaitute (uch ftate.
We have been repeatedly told ,and every man
who has not his mind blinded with prejudice,
and fentiments that dligracc human nature,
knows, that the BATS of government was fixed
on the good of focety that the trlt idea
men had in entering into fociety, was that
fecurity and protection, which was Impractl-
cable in fate of nature. From this view
andto this end, certain officers were choien,
to whom power was delegated. and who had
liberty of making fuch regulations as might
anfwer this grand delign. Ii is common
learning, that as they were thus created they
became anfwersble for their behaviour. To
fuppofe thefe people were thus inllituted with
freedom Of tyrannizing and rendering pro-
perty precarious, is folecifIn On free Princi-
pies. On fuch plain unconuoVerted maxims
was freedom of writing founded, and on luch
principles may the nature of libels be inveitl-
gated. How can rulers be accountable, if
their aaons are not to be diicuhed? To de-
ny mn the right Of informing hiuhfcf of
the beh4kour of thsfe ia power, and when
he peroeives tina, ii every action they exhibit
re(oution TO dearoy the freedom of ihole
they govern, and have hearts desperately
bent TO do mitchell, to debar a man the right
sCGcquainfiag his countryHen ofthoie things,
By which method the difcae may be checked
before il is too late, is tapping the tiTa prin
cioles of government. Let me not be mif
vnderfood. am as much as any man for
supporting the dignity Of government. And
when fee a man attempting r0Aeislay and
fSdifioaEy 70 blacken amiable ehsraesers, and
lUe4ken the hands Of gsad administration,
hope fhould be the foIemof in bringing
fuch VII aims to ioilice. But when know,
thar BY the contribution, rulers are created,
fill for the good Of the peop'e when how
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