The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-09-30

III
this houte. tor a breach OF privilege aod CON-
tempt; That he had Ietprnsd for arf.er,
that j, was the f. n notice he had head If il,
that he could not attend, bu; had no douUy
of the juliice Of ,nbte MsglAra,es Whic n
aufwef the doos. keeper, beng called in,. IN
formed the houls, hs had delivered to Nj
/ Lowndes.
| Nouce being taken, that in printed pa
| per, Untitled the South Carolina G2z-ce Ex-
uaosdinary, dated this day, No, Ie67, PRINT
ed by I. Powell, were contained, as an srti-
Gle OF news, ionie paragraphs pmpo,ting to
be part of the proceedings of this houie on
the thirty fra OF Augua Ian, it was on mo-
| ton
RejsiVsd, That the South Carolina Ga
zette Extraordinary of this day, No. 1867.
printed by I. Powell. and Co. CONTAINS
protect purporting TO be proceedings of this
Houfe, which, as it is materially different
from the protect entered in our journals, is
therefore falfe, fcandalous and malicious, and
has dIrea and manilef tendency TO re-
Acct upon the honour and juace of this
i houe.
Il Rej'iUed, That the Honorable William
Henry Dfayton, a member of this houie,
was instrumental TO the publication CT the a.
bove mentioned proteif.
II Before putting the ouelion, the Honours-
bic William Henry dayton claimed leave
to enter his diAent and proteR.
II DLSSEN77ENT'
II BECAUSE, 1 nc rciolution may ieem to
imply, that was crlminslly Instrumental III
the publlbing. Indeed do allow that
was Instrumental, for unlefs had made The
protstt, which had an undoubled right 10
make, iuch publication could not have ex-
'ited, and, therefore IL is, thar do allow,
hat was Instrumental in the publcaIio
aid as to the proIeit being ''lh,refore fa!lc"
&c. tits matter ct fa6t, tha, except The err
rors Of the prels " been called TO acceuut,"
'nitead of, called 10 anfHer 'Bnley "ionead
/ Of Bingley; "Pfinlers here had by milf.
take Of the Clerk was upon the journals,
Printers have /; matters Of couIle to be
pub'ilhed" initesd Of matters Of courle to be
fulhled, all other parts Ct the protect, publiflla
cd in laid paper, were literally, as were ex.
preiied upon the journals Of the 3Ift Of Au.
quit, and remained 70 tlll he I'd day of Sep.
tember, when they were altered after eleven
''ciock, before which time the pro.ef was
publilhed.
II B'r0Hjs, Seeing have denied, and the
houlc has not any proof that TENT the pro.
teit TO the Printer, or ordered any perfon to
carry il, or eSer deiired the Printer, or any
other perfoD to publifh il, do conceive, that
the proceeding ofthe houfe in this cafe, are
arbitrary and uDjuR; in as much ashley have
patt cenfure, and thereby inflicted puniih-
ment, on free man, even although the pro.
ceedings are not founded on any degree Of
evidence, capable to efiablifha charge 10 any
court of law or equity. For ! cafnot think
the rule Of evidence urged in The debate,
that " a man, with 4 bloody drawn fword,
coming out Of houie, where there is only
body jua aain, ihall be prciumed and
deemed to be the murderer )" is in any degree
/ applicable TO my having fubmitted my pro.
teR 10 the judgment Of lome friends learned,
as we'll in the law as in III: law Of para-
ment, for their opinion in help to my own
and the protect being Afterwards publifhed,
that therefore, fhall be deemed deierving
of punilhment. lfupon this doctrine, with
out any evidence wbatloeyer man Is punifh-
able, in my opinion, the liberty of fubjeet
in this province, is precariOus anO but Of little
value.
BEs0af, think, that in order to have
proceeded with juiics, dscorum, and COM
mon regularity, the houie not having any
foundation on which they can flppon the
petition, that the publication was BY my su-
III rhnrifv IL nnohf Il ainrallu 10 have LIED The