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

tainer. Mr.. SeIdcn was the only masis.
rate ofthe four who voted against the de-
cision. He said be thought Il improper
thatsuch q restraint should Be laid on the
press. ssSzz RI IL ID -
The citizens of other states willno
doubt be anxious 20 know the political
principles Of the several magistrates and
the counsel on both sides. MIR. Foster,
the Mayor Of Richmond, Is considered
TO Sc ! federaIist. The four magistrates
who presided In court are known to be-
long 10 the party called federa1 Tor de-
mocratic. Mr.. Marshall, counsel for
Messrs. Calender and Pace, and Mr..
Wickham, counsel for Mr.. Hay, are fe.
deralists. Mr.. Rind and Mr.. McRae,
the other counsel, are Of the otherpar-
ty.@s7s-5s $780,
This decision furnishes, however the
most decided proof of the real principles
Eofthe present ruling party, and Of those
men who are perpetaally bawling about
liberty and republicanism. s ..ss~e-<
The commitment ufPrinters toiail on
suspicion that they might publish Hbels,
IS m act which never until now was heard
Of in the United States. Such aciream.
stance never occurred in Great Britain,
Or indeed in amy countrywhere the peo-
pie enjoyed the liberty of the press
i Mr.. Kind properly observed, that If such
m attemps should be made Is London,
that both the magistrate and The agent ID
the business would lose their lives in
twelve hours after. We truly believe
this would happen-but no Justice there
would have the audacity to make the a..
tempt. We can state On the authority Of
aPersonwho once had the opportunity Of
being present IN the court Of sessions of
Edinburgh, which il the courttha re-
morally decides IN matters Of any impor-
lance In Scotiahd, when an application
was made 70 the lords Of session toissue
awarrart against the printer Of . lerio-
dical pamphlet, in order to oblise Elm 10
give security that nothing libellous would
appear ID the succeeding numbers. Bot
The learned lords who composed that
court, were unanimously Of opinion that
no such previous restraint could Be. laid
upon the press. If any libels were pub
lished either against government 4 q.
gainst individuals, they said ample re-.
dress could afterwards b procured-ssbut
the binding Of individuals over to leep
the peace was IN act that only took place
whsre personal danger or the destruction
lot property were apprehended! =:
five copSider the words, Of Sir VIM.
Dlackstone, Il win appear that this was
evidently the opinion Of that learned
lawyer. 9 Any Justice Of the peace'-
{book ~. chap. 10. .smay, ex oficio,
bind al those to keep the peace, who in
hispresence make any Aray-~orthreaten
to kill or beat another-org 20 about with
unusual weapons, to the terror Of the
People--and an such as he knows 70 be
common barrators--and such as are bro't
before him by the constable for a breach
Of the peace IN his presence--and II sueh
persons IS, having been before bound to
thePeace, have broken II, and forfeited
their recognizances. Also, wherever
anyprivate man has just cause to fear,
that another win burn his house, or do
him acorPoral injury, by killing, impri.
soning, or beating him--or that he win
procure Others 30 to do, he may demand
surety Of the peace against such person;
and every justice ofths peace il bound to
grant il, nhe who demands Il win make
oath, that he i actually under fear Of
death or bodily harm and viii shew that
he has just cause tobe 50 byreason Of the
Others menaces, attempts or having lain
IN wait for him-and win also farther
swear, that he does not require such Sc
curity out ofmalice or for mere vexati-
on. s.. - 81
sS 49, Virginia Gasttte.