The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-03-02

the granting OF an illegal warrane bv
one Of the iccretaries af fiatr. r. ).
monarchy the people ough- alwavs =
b afraid and to guard over the coRduh
OF the magistrate with tile wAeth(,iI eve
OF jealous tulpicion. In A republic
tie feserir is rhe cafe; there the rnagii-
crate feels dread Of incerring the dic-
Plcaiure Of ril1 people, chere are in
itanccs certainly TO be found where
naglitIares IN this country through
ignofance have erred, have known
iaeh inltances mytclf; although do
nor believe III rhe itats Of Virginia !,
iingie cafe can be produced.
Here they are ri;nid roanexrreme TbeJ
never venture upon the mot trivial att
OF authority withour being fri certain
that they arc treadiGg IN the parh of
Law. MIR. Potter, the Mayor of this
clty,is a ttriking initance Of shis extren,,.
caution and tlmKAry of giving offence 70
the people. When applied 10 him for
a warrant againt Calender, although
both Mr.. McRae and nylelt' alfred hin
Ct me legality Of granting il, and ex..
planned TO him the law on that head vrr
nc was not fatisieds he was afraid of
exceeding the limits OF his autbor;rv
ne maglitrate who az lat granted ir
was equally icrupulous at tirlt; he read
the law over and over until he was con
fident ne was aGting legally, There is
NOT therefore the tinalleit danger that
any magiitrate in this country viii ever
exert his authority beyond the bounds
of law and juftice If there ihouId ever
aFiie iuch an unfortunate inftaace, the
vengeance of the community would aqail
him, and he would fink INTO e5craaI dit.
grace"
Mr.. Hay next proceeded to Rare 70
the court the idea winch he entertained
OF the liberty Of the prels. This liberty
nc ia:d co0liited in rhc entire pri yilege
OF making any lfri6tures even Of the
ieverett nature, upon any of tbs public
mcatuces or acts Of standardization. or
upon the conduct Of any Of the public
Officers or iervaDts Of government. He
allowed that Calender was II foil llbery
re caun!nate elChcr him or anv Other
public Office, 10 far as related TO thar
Official capacity, with inlpunlty. FL.
allowed char CaiLea Ter had the riabr of
accuiing MIN OF fupprcGlng evidence
although the circunit4nce was not trus
as ne was then II manner acting Of,
hciallY. He laid he hoped this l;bertv
would De always enioyed in the fullcf
extent 10 thls country. Nor did h..
ever wij1 to fee the day When the Frnali4a.
check would be attempted againf rj,.
freedom OF The pres, in this rrfDea
lie hoped pubic mcalures as well az
religions opinions would be allowed \
tree and fir diicudion, and thar the
Official conduit OF public men would
always 9e open 70 wharever obferyarioos
or eyen Undue cenlure which indiyid,a,e
n1lghc fancy TO express. He rrultezi
no reitra'nt whatever would be laid
upon the Pfeis. He argued that ref
training the iiceHtiousneis of the Drefs
was not retaining The liberty OF the
preis; Tor rhac no man had a riobr RI
be licentlous or 20 advance l;be|s
upon private characters. That il was
illegal, and that no petlon was aurho-
rlled t. do an Illegal act. He there
lore l7ncerely hoped that the court
would confirm the decihon OF the ma
9.itrares 70 binding over Calender
ard Pace to the peace.
as Mr.. Hay fPokc upwards Of rhree
nouFs Il is nor to be expected that We
could follow him cloiely in every ar
gunent which he advanced, bur We
ha-ter onriclvcs that We have Given the
leading features ofhis fpeech,, as near
ly IS could be expected. Ar tbe go