Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-10-11
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BLACKSTONE.
THESE are the words of this learned COM
mentator on the laws of England, and whole au-
thority is quoted and adhered to In this country.
Ii is not, however, to be prcfumed that
writer may publifh that which tends TO corrupt
the morals of the people, to prcfane the eitab-
lined religion of his country, or to wantonly
vilify the government, by which his Perion and
property is protected. On the other hand, that
power which ;itretches its prerogatiye, with del
potifm over the freedom of the preis, and more
epccially whena profecurion is not directed againit
the immediate aothor or publifher of mifchlev-
Gus libel, is rather fcourge than benefit TO
commonwealth.
The freedom of the prefs, or more compre-
henively, the freedom Of publication, is topic,
which, from its high Importance, has engaged the
tongues and pen of freemen, ever Gnce they have
been enlightened enough to diicufs matters ofpab-
lie concern. Though at different times, il has
proved differently 70, yet at all times, it has been
intereRing; and there never. perhaps, was a time
in which the courfe of events has rendered it 70 in-
tereRing as at pre- fent.
Lord Mansfield faid, the greater the truth the
greater the libel, or to that effect. Now, tho
America has Wiley adopted the laws of Eng
land, in mott inaances-yet there is, in my OPT
Mon, wide difference in this relpet, between
the Monarchy Of England and the Federation of
the United States of America--inafmuch, as that
their government is hereditary and ours elective.
The policy OF monarchical government, may
not permit the truth to be (poken at all timesbut
Americans will not, I truf, feperate the idea OF
their right to freely inveaigate and fate, any
fact or Wong done, by their government.
The proleoution of the Englifh government re.
fpeaing the publication of Paine's Rights of
Man. 70 far from fupPrefing that inaammatory
work, proved perlecution to a few indiyldu-
as.- They might, in the frf infance, have
fcsurcd the author, and upon him and his pub
liner alone, would have fallen the punilhment,
when they had, by the voice Of jury, found il
libel. Intead Of 70 doing, they fufered the
publication to go on, in all forts of form, and
through many editions, for the pacc of two years,
before they declared it to be libel, and in this
time, there was fcarcely bookseller in England
who had NOT incurred the danger Of being pro.
ceedcd again9 as libeller; nor, indeed, many
private men in the kingdom, among thofe who
were approvers of its general doctrines, who had
not participated in the guile of difpcrGon by lend
ing, recommending, or iome other overt act
After the work, through their neglect, had done
all the mitchell Of which it was capable, valt
number of innocent perions were renderec. obnox
ious TO punilhment.
a jury then, that facred inaitution, the only
defence that human wifdom could devile, againtt
tyranny and oppredion, is expressly 10 limit that
sammxm jus, which is 70 often samma iaiaria.
Ii is impoGibIe to doubt, fince the prcent govern
ment of the United States have, in this cafe, af
fetting both the liberty and properly of citizen,
followed the defpotifm of the jurisprudence of Eng
land--I fay, it is impofGble TO doubt, that jury
has right, in matter oflibel, to take TO itfcf
the confederation Of the whole cafe, and make
istent,ou the interpreter of fan. A Difid AT
torney may bring man before the court, and
charge him, in the groae& terms he pleafes, with
being q0iektd and seditious 1e,soa, becaufe b.
had, in the courfe Of his bulines, ifa bookseller,
fold copy of a book afterwards deemed libel,
or ifa printer copied paragraph from another
print, or even attempted to explain it--and this
is, by our prelent law, deemed libel upon the
Chief Magiarase.*
Upon this head il may be further furmifed, tha'
Difrisf Attorney, far removed from tae fea'
of government, which had paGed over the libei
Publilhed near them, with merited contempt anf
flence. who being oppofed in politics, or per
haps p;qued againlt his printing neighbour for
difference of opinion, in quality of his office, pre-
fcrs an indictment on the part OF the tate, TO
publiihing copy or explanation. The trail Is
hurried on the defendant taken by furprize, 70
licits bis fellow citizen on the bench for time te
make his defence tells him upon oath that hi
believes he has matters and evidence in extenua.
ton to oGer-and finally Jays, upon oath, car
prove The t,utb of what / am profeeuted for. The
The lodge Hernly replies--the trial (hali go on,
C fnr if ,tnl, had ,nitneDae 70 r,roua tha 1rn,h