Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-01-11

might jully be faij to be ex,insuilne;l II
this country. Ill fAid. that if Mr.. Hay
though, MIR. Calleu,isT pu5llhed taiic-
hoods rejecting on his coh,iuti, that il
was his duty to profecute Calender ami
Pace for defamation, and that jury
would determine the extent Of The offence.
This was the only and the proper courle,
in his opinion, which Mr.. Hay oasht 20
purfue. But if the masiitrates bound
Calender and Pace over, they would be-
come the judges Of the nature OF the pub
LEGATION in qaeliion. 'rhey would IN tat',
be aauming ar authority, which was never
veaed in any magiitrate in free country.
He therefore entrea,ed, that their wor-
ihips would properly conader the nlagni-
sude of the preient qaefioo, which was
one Of the mott importan, that ever oc.
Cured in the union, and not by binding
MeGrs. Calender and Pace to keep the
peace, lay a reltraint upon the liberty OF
the preis, which would be rePTo5acd from
one end Of the continent 10 the other.
Such was the general tendency of the
able fpeech which Mr.. Rind made on this
location, and for which he merits the
thanks of all cicizens who have a concern
for the preieryation Of the palladium Of
true liberty.
Mr.. MaTlhall proceeded nearly on the
fame grounds with Mr.. Rind. lie !tased
to the magiarates, that his motives for
appearing in court were precilely the fame
with ,hoie which a6tuated MIR. Rind; a
dehrc to preierve the liberty OF the preis
from any unjuf attacks which might be
attempted to be laid upon it. In fnpPort
Of the illegality Of binding over printers
10 keep he peace, he read in court the
lentilnen,s OF Judge Backbone, on the H.
bsr,y Of the prefs, book ". chap. ~, fec.
/. This learned author expressly de-
clares, !" hat the liberty of the Freis con-
dRs in laying no previous reafaints upon
publications, and not in freedom from CEN
iure for criminal matter when publihed.
Every freeman has az updoubted right to
lay what lentimcnls he pleales before the
public; to forbid this is to defroy the
freedom of the prefs /; but if he publilhes
what is improper, mifchievous, or Illegal,
he mutt take the con(equence of his own
temerity." Mr.. Marlhall therefore ar
gued, that the aet of binding over Mells.
Calender and Pace, wa. unquefionably
previous rearaint laid upon the PRES.
That thoie two men had not yet been pro-
we'd guilty oflibelling any perlon, nor was
any profecution ar prefent intended to be
commenced againt them on thar inPpoiltl.
on: but thar Mr.. Hay, merely on iaipi-
cion that they were to publilh libels on
his charaaer, demanded oftheir wcrlhips
10 bind them over to keep the peace
Mr.. Mar(hal faij, that it was the mott
extraordinary application which he ever
heard Of; and il the magistrates lhould
comply with the demand, it would be an
ACT equally extraordinary. But he hoped
that this would not be The cafe, ncr that
it would be laid that IN the tate or Viz
ginia, the freedom of,he prefs had receiv.
ed check which it never experienced in
any country that boaGed Of liberty.
Mr.. Wickhan, in reply, contended,
that the binding over of Calender and
Pace would be refraint laid on the liberty
Of the prefs. That they were at full llber-
~ to publih what they plealed noswlth
ttanding and that their recognizance could
NOT be forfeited, unlefs they publifhed H.
bcllous matter, which would remain to be
determined by jury.
Mr.. Rind, in anlwer to this argument,
proved clearly, that it would act as a pre-
yious refraint upon the liberty OF the
prels for If Calender aac Pace gave &C.
curity, and afterwards publilhed what
nigh. be deemed li5ellous, that they
would be Gmply upon the recognizance,
which void unqusltionably be forfeited,
,r,u.,l sba parrra &C fha ljhel