Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-01-11

ldO1l VA u&iiiS AAUCiipuS - = -
faid that he could prove by a bundle THE
Recorder which he held in his hand, tsat
Csllender sod his partner Pace were men
OF this delcripllon that Pace was even
more inGgniEcant and bale than Callen-
der, as being dettitute Of talents. He
maintained that Calender was vile ca
lumniator, and malignant llanderer; that
he had libeiled Mr.. MaGifon, gentle
man Whole whole life was an eAample
of rhe triefeh virtue and he had ilandel-1
ed MIR. Giles and, in ihort, almoit eve
ry respectable perion in the fate Of V'r-
GINA. He was proceeding TO unfold Cal
lenders general character, as a noted Il.
heller, when Mr.. Nlarlhall interrupted
him, and hoped that their worlhiPs, the
magiarates, would conline the couniei OF
Mr.. Hay TO the charge contained IN the
warrant, which foley related to the libel
ling Of Mr.. Hay, and not any other ndl-
yiduaI. Mr.. M'Rae, in reply itatcd,
that as MeGrs. Calender and Pace were
required by the nature of the bond given
on fuch occadons, to keep the peace with
the community at large, it was neceAary
TO thew that they had NOT only threatened
TO libel Mr.. Hay, but had already libel
led feyeral Others, and to prove that they
were men who bore the character of inta-
nous libellers.
The magiitra,es, when their opinion on
this point of law was aiked, concurred with
the council of Mr.. Hay Mr.. M'Rae
therefore proceeded. Hes endeavored to
exhibit the character of Mr.. Calender in
the moa odious point Of view. as, fan
derer, mifcreant, perfon who by his re
peated calumnies OH vir;uous citizens, had
iualy incurred'the character of a libeller, &
eonfequently thar Of pcrfon OF bad fame.
He INDUCED in arain of inve6tive a.
gaintt Mr.. Calender, which we think
improper to repear. He concluded by
praying thar both Mr.. Callendcr and
Mr.. Pace fhould be required to give fscu
rity in fuch fun, that neither they, nor
any friend they could find would eahly
pay if they trsnfgrsGed. Mr.. Wiekham
made ALTO ihort lpeech on the Pt or.iesy OF
binding over both Mr.. Callender and
Mr.. Pace; but he entirely abitained from
all abufe or inveetive.
Mefrs. Rind and Marhall, as counfe
for Calender, began their deferce by fiat
log, that the magiarates of Henrico
county were NOT empowered to take cog
nizance Of the prefsnt quefion, which pro.
psrly ought to have come before he ma
giftrates of rhe city of Richmond Alone
That the difpu,e was between two citi-
zens of Richmond, and being crimina
cafe, and not civil one, was not cog
nizable before the nagilrates Of the coun
,y. That if this mode were generally
adopted, it might iometimes occur, thar
criminals would be indicted, proiecu,ed
and tried for the fame offence before boFh
theie courts at the fame time. They
were anfwered by MrGrs. MsRac anu
Wickham, and the magistrates concnrrel
in opinion withthe latter.
Mr.. Rind, in his defence for Mr.. Cal
lender, fated, that the charatter Of bad
fame could not apply TO Meilrs. Callender
and Pace that they were men who were
induariouily employed; that they neither
freluented houfes Of bad fame, or were ad
diced to gaming and idlenefs that they
could not be charged with publiihing Ii
bells, as no jury had found them guilty OF
that crime. he maintained that no publ.
cation could be deemed li5ellous, unleis re-
gularly found 70 by jury, in the ordina
~ proceis of law. That unleis this was
6rR done, it was not proper that Meilrs.
Calender & Pace ihould b. bound over. He
argued that if the magiarates in the pre-
TENT inltance, obliged Mears. Calender
and Pace to give fecurity tor their future
publications, that it would amount to
reRraint upon the liberty of the pieis,