The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-04-06
FROM THE wAsalNeros rrDkkA1tsr,

ALMOS every mail brings an accom-,
VI iuir or prolecutlou commenced BY fome
OF the good patriots Of America, for lbels m
their fair fame. Citizen tfav, to whom the
whole wof'd is indebted fer ali eGav on fHe
liberty OF the preis,' dehgned to prove that the
punhhment OF libelous matter when pphlihe9
ana previous rcttri1tions upon the oreC;. arr,
equally deftruttive or its freedom, and who
az the triai OF Gallendcr, was PREPARED {, a.
gee mat tie right OF defarning the character Of
!" arlington and Adams, was one of thc cbsr
.erea privileges of free Americans. has horn,
iiluitrious teitimony to the fnccrity and trnr1
OF MS former principles, by sincarcer,tino,
MS OLD friends, left repeated provocatiop and
iil'uits might prompt him to publii, fonethinq
unclvu or his former advocate.
Jeneral Smith, too, the Ihtrenid ie,c ~
MUD ihand. more fearful of pooie o,,;ll thai,
cannon ball, has offered { the wages Of BATH
T 60 the editor of the Anti Democrat on .,r.
count OF tornething publifhed in that nancr i,
derogation of his high character.
Whether the publication thus made n.
iubje6t q judicial controversy, be libeIlo,is Or
nor, and whether the privilege of p;vin,, i,
evidence, the truth of the matter woUld IN tbe
initance be of any avail, arc auctions wb;rb
thoie only Whole cufiofry has prompted them
toperute the piece, and who are acquainted
WIN the evidence upon which the charge i
maize, are competent to decids.o Concedino
however, that this publication Contains avian
ton and groundes attack upon the cbaraf4er
OF SF9nerai smith, few will he dffiofed To
juHtY MN II the ltep which he has taken to
qefain feparation ofthe. injury. In the ranks
OF tnole, who, IN 1898, dihinguiGhed them
irlyss by their zeal for the n.off unhoundedli-
ccnt'ontneIs of the Prels, and In oppoiition 10
the mid and wholelome reffraints which
Puollc policy required tlou!d then be impo{aj
upon 1t, this gentleman held a con{Dicijous
place gainit q law dcligned 10 protea the
regulations Of men. nigh in Office, and avn in
the confidence and eiteen of their country.
men, from the malignant flanders df the mott
| infamous liDeiicrs, all the powers of his elo-
| 9neAce were exerted--At that time a conf-;-
| Gus re6titude Of motive, and the enIipbtened
candoar of their fellow citizens were deemed
iaticient ihields aganff the mott DARING efforts
| of calrinHy and mifrcprefenration--E
man who would then engage in the work Of
defamation, received the highef aup!auie from
, tac party, ard the offerings OF thoie, who bv
lhcir Pctff0He labours, brought themfelves
within '>paihs and penalties of the law >,
| awakened the tcndereit feelings and hneR fen
ilbIiit;eS OF thole champions &c the freedom e7f
the preis Among thofe, general Smith was
proud to be numbered and having thus eu
| couraged the trade of Handler; having maroon
lzed the authors Of the abuTe, which ar fbat
tIrne poured from the pres agai, # abe adj
nlns5rartcn and every confpicGous member
OF having Joined in the cries and denurei-
auons which were every where TO be heard
agalnit the judges Who enforced the law
againit fictitious writings, with what proprietv
can ne now feek In court Of juitice redreis
tor any injuries witch he has received through
the medium of rho preis Wilt be pretend
| cd that atult inttituJed in the name Of the in
| diVldual injured, affords to tile printer any ad-
! vantage which we're denied to him when
( Proiecuted Under the g gag law WIN it be
iaid, tfiat law which provided that the fine
J mould not exceed one thouEand dollars, was
more rigorous than that under which eight
thouiand dollars may be derpanded? Or will
the ci.cumttance Of the plaintiff receiving the
iufn recovered in place Of the fate, afford to
the pualic any recompsnfe for the hi trics con-
lequent upon the muzzlng, of the PRES,
and the Tehriction Of free enquiry. IF the
plaintiff in the preient fut, had heretofore
evidenced d difpoiieion % curb the liceutiouC
nefs of the PRES; if be had formerly taken
high ground in expedition 70 defamatory
writings if, in the conteA, 10 which the fe-
/ dition law gave birth, with rcipe9 TO the lati-
! tude, in which freedom ofanmadverfoD ought
TO be INDUCED, be had remained neutral, then
lie might with proprety complain ofthe injury
which in this inilaacc nc may have received.
But let il be remembered, that there was a
NOTE.
In tie turbulent times Of king Charles
the fri of England, Lucius Cary, lord Vi
COUNT Falkland was remarkable fof his many
virtues, and particularly for his regret at the
diGraEtion Of the times. II was this aniable
Or nc ,,,e T,rrofc which rr1fentsd ;tCai