The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-01-19

l'N''ttSt HSSfsOuS itioStCt9 il't ll''t ~ -!
The Inconvenience thar Will hence Iriie.
TO fociery cannot be better deicribeti
than by Quoting paragraph from innius
ON this fub;e6t;
g IF any hoheft man Ibaii ittli ae ia
ciiaed co leave the CONTRIBUTORS u itbeis'
to the court, would enrreat tlimte con
iider whar dreadful complication OF
hardihips he inpoies upon his feilow
iubletts. In the tirit place tile pfoiS-
cetlon commences by iREornAuon ot M
olficer OF rhe crown, nor by the regular
conftlrutiouai mode Of indictmcnr be-
tore a grand jny. rs the tact l>'tiualiy
admitted, or in general tan eatiiy Be
proved, the oG{ce q rile petty iary
nusatory, HE Court thea Judges Ct
the nature and exteat Of she oiicn1es and
determines, al af6;trf4m, TIC 4"zFts.ss
OF the puniihmenr, from the in4li Fac
70 heavy one 10 repeated whipping,
TO piltory, and anlilnitsf imprisonment
Cutting of ears and notes inighr issli
SC inflicted By a rei1olote i,is3ge-''
The cafe in que:|icn is even more
! dangerous thaa thar which 5nhl'tS f,i:2
| poles. For according 20 rtie opinions Of
the julfices OF 6ienfico ccunty, a flngie
individual c.iagi;erate IS veAed With tbs
! power OF obHging any perian p9hom nc
'isap GsipeJ sabcc5 20 write ibelious mat
Ger, TO give rccog nizance - n enor-
| NOUS aUoant, winch fecoghizance Will
be Forfeited, II the peron bound over
ihotid afterwards puniiih thr mott Iri
Vial hbti
The jury ought TO Re she perions en-
tielei so Judge o. the extern OF Abel,
but according to tac principles now laid
down, shis is lefl 70 che pieadure OF any
ma5iitrafe isf wi.atever tilr naeIfe al
rhe libel may &c, the whole iugn men
toned III rIlc 3oi.d Of lecoriry becomes
forfeited.
We ii1sll flppote, Tor t5itance, shat :
peffcn 43 given a recogaizance fer five
raoataad dollars, TINS perlon afterwards
accues !ome obfcuFe i8Givjdual ie &
ttare. Of tome infignihcant ACT thai nc
never committed, and which perhaps
does NOT injure his reputation nosa cent,
YET he IS Compelled 20 paa the FIVE chou
ald dollars equally as il he had lioelled
la the mott ilaB,ierousmannef, the whole
community. Ehefe is nelthefjuftice or
reaion in this doctrine Sack q prihci-
pie in Law was never ftarred before;
rtiar ali Iibels, of.eve5y detcriytion, fforn
the mott uitiing which can be conceived,
20 the mott hcnious and aggravating that
can be committed, ibouid receive tne
fame puniihncny, For lhis viii oe pre-
cjfciy the cafe, If she dctpo1ic doetHne
laid down by MIR kfay, bis cou1lei, and
the three juttices of Iennco county, be
iultaiaed The i.fpe6ted iibelier is nos
Puaijhed for whar he has done, bat Tor
his tneure crimes. Therefore, howe yer
he may conduit Himielt, whether ,a
moderately or ,sith diicrefion, his p4qiiA
meat IS the fame. IL IS aaoailhidg, now
any men yerled il law, cor1ld hav. cd
Vanced, or littcned 20 iuch abfufdi,ies.
1t IS pretended, that many fiIch initances
nave occurred in England; bug rhat
they have been 700 triflja@ to bc n4ficed
NO attempt has ever bcea made IN Greae
Briraln upon The liberty of tbe prris,
5ut wnlct has founded from on end OF
1he Kingdom 70 gf1e osher, and Il fIch
an extraordinary iui}ance as che pre-
ienf had happened, rfc whole world
would rave heard OF It. L would nor
have beenconfEed loGrcatBrirsin aloae.
Statements, and Feltarcmeac5 or il. w3,l1
have been pnbIiihed in every coua5ry
and n every language in Enrote. wI,cre
the freedom Of the preE IS filtered.
Wha1 nolie did the rriai Of wood III
1nake IN ha1 c5Hn,o.joas did tle per-
fecntinn at L[llles ttlr 80 ".