Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1803-01-14

THE LIBERTY OF THE PRESS
INVADED, - :
Notwithstanding the declaration frights
made by he'good people, Of Virginia,
assembled in full and free convention,
and which declares g That the free
dom Of the press IS one Of the great
bulwarks Of liberty, and can never be
restrained but by despotie govern
=ments. - = z--=-'" .5'7zT =
"A quarrel, ola private natdres between
Mr.. Geo. Hay, a member Of the execu-
tive council of Virginia, and Mr.. Cal
lender, the editor Of the Recorder, has
given rise to a more formidable restraint
upon the liberty Of the press, than any
scheme which has ever been invented BY
the enemies to free discussion. This
quarrel has been made the grounds Of
attacking the palladium Of. American IL
berty, in manner which no citizen of
the United States could have supposed
or expected Unless speedy measures
be taken for preventing in future like at
tempts, the boasteda.. freedom Of this
country will only be the " shadow Of the
name. A particular account ofthis in
>teresting affair, cannot utbe, therefore,
acceptable to the citizens at large.
Itis not our intention 70 enter into the
merits Of the quarrel between Mr.. Hay
and Mr. Calender. We wish to be
thought, neither the partizans of the
one Or the other--but we consider it our
duty to lay before the public the particu.
bars Of a transaction, which we consider
of greater magnitude 10 the interest of
Americans, than any circumstance that
has occurred since the formation ofthe
edtral constitution. Mr.. Calender has
beeh throuDn into jail, zutere henoyo Ees,'
uuiitout either trial By jury or any ather
b04J--not for any crime Which he has
committed, or any thing (which. he Aas>
sutitten--bat to prevent his future bnbE-
cations. The magistrates Of Henrico
county. Upon the application ofMr. Hay,
required that Mr.. Cailender aadkis hart
NET Mr. Pace, should find security IN foe
A.odred dollars each, besiSss their a-.'n
security to the same amot'at,. thaf they
.pould publish nothing ibciious upon any
character, public or priUdte, in the state
efVirginia. MT. Pace gave security,
6m mr.. Calender did not, and 1Uasin con-
sequence thereof ordered 10 jail :
1t is the legality of this extraordinary
stretch of power, which We mean to in
>vestigate, and not the personal quarrel
between Mr.. Hay and Mr.. Calender
MIR. Hay, it appears, had assaulted Mr..
Calender in public store in Richmond.
and had beaten him with a stick, or AZ
Mr.. Calender terms it, bludgeon, for
some reflections which were made con-
corning Mr.. Hay in the Recorder, in
consequence of which assault Mr.. CAL
leader bound over Mr. Hay 10 keep the
peace, as is usually done in such cases
MIR. Hay, in his turn, applied to Mr.. Fos-
ter, tho Mayor of Richmond, to grant n
warrant, TO commit tosjail Messrs. Cal
lender and Pace, unless they gave secu-
rity that they would publish nothing that
reflected on the character of MI. Hay, or
any Of the citizens of Virginia. The
mayor very properly refused to grant such
q warrant, as being in his opinion laying
previous restraint upon the freedom Of
the press. Mr.. Geryas storrs, one Of
the magistrates of Henrico County, was
next applied to, who granted warrant
for the above purpose. Mr.. Calender
and his partner Mr.. Pace, in consequence
attended in the courthouse of Henrieo
county on Friday morning, with Messrs.
Marshall and Rind as their counsel
Mr.. Hay. also appeared, with Messrs.
Wickham and McRae as his counsel.
The magistrates who sat upon the occasi-
on were Geryas Storrs, William Price,
Pleasant Younghusband, and Joseph
Selden, esq'rs. p -.
Mr.. McRae opened the cause, on the
part of Mr.. Hay, and demanded that
Messrs. Calender and Pace should be
| bound S,,,a,- frpIA ,SuhIis hinor lsleElaas