The gazette., 1799-03-11

any wIi,ing cot be.ors Ppnilhable, nor Goes y
inAa more fcvtre penalty iben that TO which
the E,ue vr.tiny was before li,bie.
RI. II hy freedom of The pgeis IS meant
perfea exemption frcm all puni'hmeHt Tor
whatever NAV be pub ilhed, thstfreedom never
has, and mol probably never win exit. II
known 10 ali, that The PEI fun who whites OF
pubIihes.a libel, may be both fued and indicted
and .nlua bsar he penalty which the Judgment
Of his country inl6ls upon him, Ii Is alio
known to AT, that The perion who ihsll libel
he government Of the Rate, is for that offence
paniihable IN the ike manner. Yet this lIabili-
tv 70 nunifhment for nandetoBs and malicious
publications, has never been coniidered as de-
ra6ing from the liberty of the prefs. 10 tact
the liberty Of the preis is a term which has
definite and appropriate fignifcation, complete
ly unaerltood. Ii G5nifes liberty to pubii'h,
free from previous rehraint, any thing and
every thing at the dilcretion IF the printer only,
but net the liberty of Ipreading with IMMUNITY
falfe and icandaious flanders which may detroy
the peace and mangle the reputation Ct an IN
dividual or of community.
If this definition of the term be corred, and
it is prefnmed that its correctness j. not TO be
oueRioned, then law punihing the authors
and publihers of falfe, malicious and lcandalouS
libels can be no attack on the lbertyof the prels
But the ad complained offs no abridgment
Of the liberty Of the prefs, for another reaion.
3D. It does nor puuiih any writing not before
punihable, nor does il il, fitt heavier penalty
than the fame writing was before liable 70.
No man will deny, that az common law, the
author and publilher of falle, fcandslous and
malicious Gbcl, againG the government or ar
| Individual were fubjea 60 fine and imprifon-
ment, at The dfcretion of hejudge. Nor viii
il be denied, that previous TO our revolution,
the common law was the law Of the land
throughout the now United States.
We believe 1t tc be a principle incoutefbly
true, that change o. government does not dif-
folve Obligations previoutly- created, does not
annhilate exiting laws, and diholve the bonds
OF iocic,y but that people PaGing from one
form of government 10 another, retain in full
force al their municipal iuttitulions not necef,
| ianly changed by the change o. government.
| IF this be true, then the common law cOntinu.
ed to be the law Of the land after the revolrton,
and was of complete obligation even before the
acf of our Aftn1bly for its adoption Whether
6miiar a6ts have been psded by the Legislatures
OF other Rates or not, il is certain that in every
| tate the common lawis admitted TO be in full
force, except as it may have been altered BY
the ttatute law. The only queRion is, whether
| the doctrines of the common law are applicable
TO hbels againa the government of the United
States, as well as to ibels againa the govern
ments OF ths particular liates. For lich dif
tinaion there feems to be no fufi5ient reafon
II is not 70 a magiltrate of rhis or tha. de(crip
Il a. hoe I,v,
That he is a magih-ate, that be is eloathed with
the authority of the laws, thar he is ioveaed
~iih power by the people, is iufficient title 10
| the protection of tile common law. The gov
ernment OF the United States is for certain
purpcfss as entirely the government Of each
tate, ehofen by be people thereof and doathed
with their authority, as the government Of each
particular 02te IS the government of every iub.
divi6on of that fate and no fatisfa6fory rea.
ion has bsen heretofore aligned, why general
rule. common to all, ahG puniihing generally
the malicious calnmniators Of m2giltrates, ,ihould
not be as applicable to magiarates chofen by
| the whole, as to thole chofen for its different
parts.
| IF then il were even true that the puniihment
Of the printer of malicious falihoods aff4aed the
liberty Of the Prels, yer the act does not a5ridge
that liberty, fnce it does not fubfuu,e harih.
or or leverer rule Of puniihment than that whick
before exiRcd.
On PORTS 70 extremely iutereliog, differ
ence of opinion will be entertained. On iuch
occaGons all parties mult be expected to main.
tain their real opioions. but to maintain them
with moderation and with decency. The will
/ Of the majority mutt prevail, or the republican
1 - =. Y. = IL.
a,oyed. If upon every conRitutional quelion
which preients tfelf, or on every qu=itlon we
cboofe TO term cnnlttutional, the contribution
/ Of the majority ihall BE- forcibly oppoGed, aud
hoRility to the-goveTnment excited throughout
the nation, there is end to our domeitic peace,
& we may ever bid adieu to our rePrefentative
| government.
The leg;nature Of Virginia has itfelf paGed
more than one unconltitutional law, but they
have not been paG.d with an intention to VIC.
I 4. "a n ~ - q = 4