The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-02-23

He aiicrted ftrong facts = they were de-
med, with abple he naintsined ard
proved his allegations, and returned
their inve6five with all The greater
pQighancy OF his far greater talents.
Waat was 60 be done (! 10 clear the
way for their own 1ander, and at the
fame time raifo vulnerable popularity, at
the expence OF MIR, iApAMs's adlilinif,
rraaion, they had repealed the .ea;tion
law; and there was no way even by de-
mocratic packing Of democratic luries to
ftihe the voice of Calender
AT length it occurred thar fyltem Of
terror, OUT Of the law, or rather in d.
rect violation of it, might be RATED to
tiience the prefs, which, as the great
mouth OF a marion, shry kne@ mutt
fpeak iome truth, while every truth
nleif coademn them. In word, this
very Mr.. Hay, who was Calender adj
vocare, as before mentioned, aiiaulted
ard tor fome inve6tiyes which, as MIR.
Hay fays, bnrt bis jfse1ngS, battered him
ieverely. Calender bound him over
TO the peace: And he, would it at
any time but this, in any other coun-
Try bur Virginia be believed y this Mr..
iiay, the defender ofCallender, againft
a protecutlon for libel, arreits Callen-
der, ard has the modelty TO call upon
the court n bind him over, from libel.
linE5 him, {Hay) and his friends. And
on this location Mr.. Hay made a.
ipeech, which may ftand Tor pattern
I'LL its way. Thus the matter ftanas.
Letme offer a few remarks upon it.
In rhe frft place, Mr.. Hay is LAWYER ).
as iuch he is more peculiarly bound TO
know the law and TO obey il. In En-
gland, TO the laws of which he refers. a
tolieitor or attorney is an officer of The
court, and as fuch MS actions are fcan-
ned by the Judges with fevere and rigid
nicety-he cannot plead ignorance;
and patton, or the indulgence of the
will, was never allowed in any country
TO be pleaded II excite tor breach Of
the law
in the firf infance MI. Hay fands
upon mott unjultiiable grounds. No
man has a right 20 prefplae an. offence
againft him punifhabit, il. it is nor made
puniihable by law. Mr.. Hay knew, or
at leaf, being a lawyer, oagktt to &aoSg,
whether the law afforded him any RENE
dy againft the hoels Of Calender and
If 10, to that alone he ought TO have had
recourie. # he had no remedy, he had
70 thank the repeal Of the frtiirion law
fer it; and certainly it was moi1 eriev
Gus crime IN him to take vengeance into
his own hands, 20 erect court in his
own breaft, and to execute its fentence
IN breach OF. the public peace - MIR.
Hay knows, or oMgbt to kuozg, thar the
offence OF an ahault is Of d two fold kind;
Lac inferior as it touches the Individual,
che tar hyperion as 1t regards the public
peace, the violation of which is equally
criminal in the eyes Of rhe law, whether
the character Of the party aGauiced be
good or bad The laws Of England,
which, iIke,tl1e bounties of nature are Civ
enalike forthe benefit of the wicked and
the worthy, proclaim, that the WORT
felon, tlIl found guilty by a jury, his
peers, is as much under the protection
of the law as the firlt duke in the realm !:
and The noa wretched proAigate profit
fure, as the frlt and beR lady in the
land. But MIR. Calender hurt tbefsez-
sngs Of Mr., Hay, and Mr.. Hay, tho a
lawyer, carves for his own vengeance,
and violates the law of which he is a
neriber.
Wei, MIR. Hay is bound over and
ifhe were to be tried by a Britifh Judge
and Jury, would be mott {everely pun
ifhed. But whar does he further ? In
ltead Of humbIing himfelf before the
laws ofhis country which he had offend,