The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-01-19

a9tert % The ptapo!,d OF Mo E;ly IN |
tbs prcient cafe, the trec,iom OF the |
prels nishr luit!y b. iaia 70 be extia-
gui.l,edip thls eonntry. He laid. chat
il Mr. Hay .thousht Mr.. Calender
pub1ilhed faiiehoods refle6ting DC his
conduct. chat 1t was his dpty TO prof.
tute Calender and Pace for defamation,
aad thar . Jury would determine. rho ex-
tene of the offeRee. This was the only
and the proper courie in his opinion.
which Mr. tfaY oughs 10 pusiue. Bur
il the 1aagiitrates bound Calender and
Pace over, they would becone toe
Judges of the nature ofthe pal3ieatonih
queilion. They would IN fsz1, he alj,.a
ing al authority shich was never vet
Cd 10 any naglisrage ii a free c0uatrv.
He therefore ertreatel, thar saer wor-
il,ips would pro aefly conGder the mag
niude oil the prslenr gpel(ion, which
was one Of the mott Important tta5 ever
9ccuFredin che unioa, an3 noe by sind
ing MEeiffz Calender aud pacv 50 keep
The peace, ,ay a re;trlins upon che liher-
" of the pre!s. which you'd be repro.
bated from one end Of tle continent To
rii@ orlsT
SQct2 was ehe general tcnde neg Of rlie
able jpeech which Nar. l&!nl maze on
This occalicn, and -2r ehich he inefiss
the thanks ofail citizens ui1o have q
toocern fos the pretervation OF the pai-
ladiun7 al, true liberty.
MT. MARTIAL proceeded ncarly on
the fame grounds with MIR. Rind. He
itated &c the magltfTafes. thar his 9ao-
tives for apPearingin couEt were pre-
-2ifely the illnr with thoie which aetn
atcd Ms, Rind 4 de!iFc Co preirrpe
The liberty Of the Preis from any unpl.t
attacks which might be attempted to bS
l4;I apal it. In lupPoFt OF the illega
iity Of binding over printers % keep ;he
peace, be rcad in court tlIe trn1inlchts
of Judge Btac&2 Zone, onti2 liberty OF.
the pres, book ". hap. II. !. / his
leaned author expgsRly declares, e that
The liberty Of the pfcts coniiits in lay
ing no previous reitrainta upon qll5iic4-
sions, and not in freedom from ceniurc !
fer criminal mater when pubiiihcd.
Every freeman has az un!oubtcd righr
20 lay wtlal ieEdm-nts he plcales before
,he public TO forbid This, IS TO Geifroy |
rtls freedom oi tle prets bit ifhe pub
lIihea What IS improper, nifchievous,
or illegal, he nluiT rale rho conieQuence
If his own tenerity4" Mg. Md i!sa,si
therefore argued, thai the &9 of bind
ing over Meafs. Caller Ter and Pace
vas unqueitionaoly a previous reltraint
laia upon tho prefs. That rno!e rwo
men had ncr yet beea proved gu;lty
OF hbelling sny perfon, nor was any
prolecutioa al preient antende<i 10 be
commenced againtt them on ehat iup
petition; Dur thar Mfr, FIay merely On
!ufPicion chat they were TO publiih iibcis
Oh MS chara6teT. demanded Of their
woffhips 80 bird them ever to keep
the peace. Mr.. MarihalI fad, thar il
WIS the mott extraordinary application
which he evei rad heard Of; and if gi1e
n,@gi2rates fhouid comply With the de-
n1and, il would DC AZ act equally extra
ordinary. Burhs hoped thar this would
not be The catc, nor thae &c would be
iaid, rhar ii the fase Of Virginia, rhe
freedom Of The prefs had received
check whi,h it never experienced in
N any country shat boaf(ed ofAbefty.
ST. Wtkhan in reply, eOnJended
rt7at the h;ic!ing oyerof Calicntlcr ana
Pace wosd he ne rettraint laid of the
Iicerty 4 the pfels. Thac shey
were AZ ull l;berty 70 publllh ~h2r
ghey p3eeied notwithstanding, anl had
ghelr rcc2gnizsnce could not be tJr.si--
al uaizf they Pabbfasd libclSoas nlr-
fcr y7hith would remain - b 6srer,ni