Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-01-11
A quarrel Of private nature, between


Z cutive coouxil Of Virginia, and Mr.. CAL
lender, shc editor of the Recorder, has
given siie to more formidable refraint
upon tie hbesty of the preis, than any
fcheme which has ever been invented by
the enemies 10 free difcuiion- This quar-
rel has been made the grounds of attack
ing thsFalladium of American liberty, in
a manner which no citizen of The United
States could have fuppofed or expected
Unleis fpeedy meafures be taken Tor pre-
venting in future like attempts, the boat.
ed freedom of this country will only be
the g Ihacow of the name." A particu-
s3ar account Of this intereiiing affair, cam
mot but besshersfore, acceptable 70 the ci-
tizs rs al large.
It IS not or intention TO enter into the
meriss Of the quarrel between Mr.. Hay
and Mr.. Calender. We with TO be tho't,
neither she parsizans of the one or the o.
ther; bur we conGder it our duty TO lay
before thc@nblic the particulars Of atrarf-
,aaion, which we conider of greater mag
-nirude 10 the intereit of Americans, than
any circumfance that has occurred iince
The formation of the federal contribution.
Mr.. Calender has been thrown into Jail,
where he now lies, without either trial by
jury or any other body: not for any
crime which he has committed, OF any
thing which he has written; bur 10 pre-
vent his future publications. The magii-
trates Of Fienrico county, upon the appli-
cation Of Mr.. Hay, required that both
Mr.. Calender and his partner MIR. Pace,
ihould find fecurisy 10 FIVE hundred dollars
seach, beiides their own fecurity to the
fame amount, that they would pablilh ne
thing libellous upon any character, public
or private, in the fate of Virginia. Mr..
Pace gave lecurity. but Mr.. Calender did
nor, and was in conisqaenee thereof or
dered to Jail.
II is the legality Of this extraordinary
4fretch of power, which we mean 10 inssi
figate, and not the perforal quarrel be-
tween MIR. Hay and MIR Csllender- Mr..
Hay, il appears, had aGaulsed Mr.. Cal
BENDER in public fore in RichmonS, and
had beaten him with flick, or as MIR.
Calender terms it, bludgeon, for iome
reflections which were made concerning
Mr.. Hay in the Recorder, in coniequepee
of which aiIault, Mr.. Callender bound
over Mr.. Hay TO keep the peace, as is
ufually done in iuch cafes. Mr.. Hay, IN
bis turn, applied TO Mr.. Foaer, the mayor
Of Richmond, to grant warrant, TO COM
nit to jail MeFrs. Calender and Pace,
unlcfs they gave fscurity that they would
.publ;fh nothing thar reflected on the cha
racer of Mr.. Hay, or any of the citizens
of Virginia. The mayor very properly
refufed to grant fuch warrant, as being
In his opinion laying previous reGraint
rpon the FIRE dom of the prefs. MIR. 6 r
vas Storrs, one of che magiarates of Hen
rico county, was next applied TO, who
granted a warrant for the above purroie.
Mr.. Calender, and his partner MIR. Pace,
in ccnisquence, attepded in the court hoI.s
ct Eenrico county on Friday morning,
with Mefrs. Marihall and Rind as thei'
council. MIR. Hay alto appeared with
.Aiefrs. Wickharn and M'Rae as his
council. The magiarates who far upon
the occafioa were Geryas Storrs, VIM.
Price, Pleafant Younghutband, and Jo-
feph Ssiden, EfqTs.
Mr.. M'Rae opened the caofe. on the
part of MIR. Hay, and demanded that
.MeErs. Calender and Pace ihould be
bound over from publiihing libelious mat
fer, as being psrfons of bad fame. He
faid the masiarares had the discretionary
power of binding over characters of this
defcripsion, by a Ratute of Virginia, f.
milar TO the 34rh ftatuse of Edward III
c. i. which empowered the juaices of
Euglsnd to bind over to the good behavi-
our towards sne king snd his people, all
thole thar be no, OF good tame. He resd