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

40 csCizen Of the Uaitcd States cou!c
have fuPpoied Or expected Unlef
fPeedy niealures De taken for preventing
II f'lt1fre, like aetemprs,the boafted tree
dom of this .ountry will only he th,
s hadow of the name" A particula,
account ofthis interelting affair canno;
bat be, therefore, acceptable 70 rhe Ct
t'zens at large.
ir IS nor our intention 60 enter in
to TIE merits Of the a43rrel be.
tween Mr. Hay and MIR Calender. We
win 20 be tf1ought neither ri,e parti-
Fans ofchc one or the other, bur We
coniider it our itady - lay before the
pubiic the particulars of trania6tiun,
whlch we contaer OF greater magnitude
% rhe ineereit 81 Americans, Than any
cireualitance thar has occurred iince
the formation OF the federal corititt,-
tion. & Mr. Calender has been thrown
into jail, ~hcre nc nov lies, without ei
tner trial ~ jury or any other body;
nor Tor any crime which he has commit
Jed, or any ching which he has written !,
one = prevent his future publications
| ne maglitrates offIenrico county. upon
fhc application OF Mr. Hay, required
that hoch Mi. Calender and his parr.
neri Mr.. Page, ilou'd fad fec,lrity ia
ave hundred dollars each, beiides their
own .ecority 70 the fame amount, thac
teey would pubhlh nothing hbellous
upon any characters public or private
IN che ftate OF Virginia. Mr.. Pace
| gave !ecnrity, bur Mr.. Calender did
not and was In conlequcnce thereof
ordered 70 jail"
| Iris the LEGALITY Of this c,xtraordina-
ny itretch Of power, which We mean to
lnveihgate, eu1 not The pcrlonal omar
ri Between Mr.. Hay ard MIR. Cajien
der. MIR, Hay. isappears, had aaault
cd Mr.. Calender in a public fore in
Richmond, and bad beaten him with a
tick, or, a, Nlr. Calender terms It's a
bludgeon, tor fome rtRe6tions which
were made concerning Mr.. Hay IN the
Recorder, IN conicqutn>e Of which
aAA'ilt, MIR. Calender bound over MIR.
ttaY 10 Keep the peace, As IS g{ually
.doae m fuch cafes Mr.. Fay, III his
rurn, applied TO Mr Foiter, the may OF
! OF Richmond, TO grant warrant, tc
coninalt TO Jail Mciiis. Calender anc
Pace, paleis they gave tecnrlty that
they would publiih nothing thar reflect
! Cd on The character ef Mr.. Hay, OF
! aoy u the citi&ens Of Virginia. fbe
mayo very properly rciued TO grant
iDch warrant, as being IN his opinion
! iayiag previous fcItraijt upon tie
freedom Of he prcfs. MIR. GeiYas
! Srorrs, one Of tie nagi}rares Of Henri
60 County, w@ ncxr applied to, who
/ graneel warrant for rhc above Pr. ..oic.
MIR. Gale lder and his piryner, NIr.
Pacc, in c1llcqueuct, attended in the
couft-houte OF fierrico county, on F'r;
DAY morn. az, with N4elil> MAJ lali AID
RInd as ti1eit couairl Mr.. Hay alto
appeared with METERS Ni8kban ADD
Mcitae, as his couafcl TIE faaglltratc S
Hilo !at upon the occaGon were Geivas
Storrs, William Price, Pieaiant Dung
huiband, and .Tofaph Seitien, elquires,
w HlCkae op@hSa thS cauic, ON
rh parr of Mr.. Hay, aad dclnaldedrha,
Mefrs Calender and Pace ,houli DC
5oaid over from publiGhina li5clous
mater, a& being Perloa. 0 pad iausc.
ne tdld chat the nnagittrates bad yhe ijic7e-
sionary power Of Binding over Characters
Of this dc!cfiption, by a fatuge OF VIZ
ginia, fmilar to the gath .ta,uJc Of E,.-
ward H. c, I, which empowered che
jultices Of England 20 bad over TO ths
good behaviour towards tie kiag and
ms people, a! rhote thar be n0t Of good
fame. I{e read rho feyegai acts wfich
co1itituted bad fame; lhefe were feep-
.ng ~ the day, probing a night; ire
quenting houtes of ID fame. oaminor