Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-05-31
Frcm the United States Ga2rtte.

NN'IH tA> III N'hN> HltuNS VI t'lC luI'u'ShN
and tAIuous spirit winch disturbs our re-
public, We have notl,ed nothing which
evlnces greater d, gree OF unblushng
lmPudtnce 'atn a late attempt, among
the revoluunnarv members OF the ltgls.
lature 0t New. Nnrk, to procure the pas
sage OF a >lrtIa!>r.hfion act for the indl-
vldual b, neht OF MIR. Cheatham, editor
of the American Citizen. x lew words
by way OF recapituihtlon may be ne,cs-
sarr to place thus subject in the proper
point OF view.
A few Years ago, the Congress Of the
United States passed AR act, in modih-
cation OF the common law, declaring ;hat
any person prosecuted for printing or
publishing libel against an. branch of
the government, or either house of the
Legislature, should be permitted to prove
the truth of the facts alleged in justihca-
ton Of the libel. II he could do this, he
was 70 stand 4, Quilted, however iibelt,
Gus his publication might be. In addi-
ton to this, it limited the powers Of the
courts to a specific sum, beyond which
they could not extend fines, and to de.
finite time beyond which they could not
inHict1mprisonm~nt In these three par
tlCulars the act in question, usually de-
nominated the "Srd;non att,' mitigat-
ed the severity of the common law,
proof Of the truth Of the facts alleged is
no jasuh ca,ion, and is not, therefore,,
allowed To be nferrd; neither is there
any limit.tion to The discretion of courts
as to the amount OF fine or the period of
imprisonment. Against this act the de-
mocTatic printer. and their friends raised
an universal Glamour probably because
they thought it created an Invidious dis
tlnctlon between themselves and those
who made principle OF publishing no
accusations but such as they could prove
to be true. The consequent odium a.
galnst the act became so great, that it
was suffered to expire bv its own limita-
tinn, and was not revived.
Since all this had come to pass, Mr..
Croswell, the editor Of verv excellent
paper in the state Of New-York, was in.
dlcted IN state court for republishing
something that was supposed to reflect
upon the character Of MIR. Jefferson.-
Upon appearing to take his trial, he of.
fered to prove the truth of every thing
stated in the publication. To this the
attorney general, MIR. Spencer, objected,
alleging that at common law, which is
the law OF the land, the truth was no JUS
tlhcatlon, and it was so owe rruled b, the
chief Justice, now gov, rnor of that state.
Mr.. Croswrll was accordingly compell-
ed TO submit. to punishment for having
published an assertion which he off; rcd
to prove, and the truth of VIII h was not
denied, even BY his prosecutor.
! Al subsequent session of the lrgis-
lature OF that state, bill WIS brought in
BY, one of the prescribed sect Of federal.
lists TO permit the accused, in prose cuti-
ons for lIbels, to prove the truth in de-
fence. The bill was strenuouslv oppos-
ed BY the democrats and consequently
lost. Little was it suspected, bv the vi.
olenk part Of that faction,-that within one
short wear their favorite editor Cheat
ham, would need legislative protection
against majority of the legislature at
the very next session. But so it has
turned OUT. This Cheatham and others
Of the Ike character have become impa.
tent OF the slow progress which their
party were making in the road to perfec-
liability, and having separated from the
rest, like the revolutionits of the state of
Pennsylvania. thew SEIZED uoon an al.
sanctd position, from which thew are
now pouring their unaccnstomed tor
rents of libellous abuse upon their late
companions, the governor and the ma.
jority of each house Of the legislature.
they, not taking it all so kindly as they
used to think the tederalists ought, have
passed resolutions, directing the attor-
ncv general to prosecute Cheatham for
hbelfins the legislature.
=. AT this crisis, motion was brought
forward by the re, olutionists to allow
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