The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-01

ken away, by the ratification Of the bill paned
FOR that purpoie, ii will precipitaie the dcGruc-
tioa Of your whole fate contribution, ard there
| will be nothing left in it, worthy The care or
! tCpport of freemsn."
| Admitting theie opinions to have been in
correct and unfouuded, this rrfponcient denies
that tnerc was any law which forbid him to ex-
! PreiS them, in 4 charge 70 grand Jury and
he contends that there can be 10 oHtuce, with
ont the breach ofion,e law. The very offence
of de!potitn coniifts, in runiiling acts which,
at the time when they were done, were forbid
| den by no law. Admitting the eXpreii;on of
| PoHtca' opinions by judge, in his charge to
a jury, to be improper and dangerous {; there
are many improper and very dangerous acts,
which not being forbidden by Law cannot be
punilled. Hence the neceiTiy OF new peual
laws; which are ii ON time to time cnsCled for
! the prevention OF acts not before forbidden, but
found by experience to be of dangerous ten
dency. Il has been the practice in this couc-
try, ever Gnce the beginning Of tire revolution,
! which irpara:ed US rom Great Britain, for the
judges TO exprsfS from thc bench, by way Of
charge 20 the grand jury, and to enforce to the
utmoIt OF their ability, fIch political opinions
AS they though correct & u!tfyIl. There have
/ been nltances in which the legislative bodies
OF ms country, have recommended this prdc-
: tice to the judges ard it was adonted nv the
judges of the fupreuac court OF the United
states, as toon as the pref.nt judicial FIFTEEN
wac ettablihed. If the ieGilgture of the Uni
ted States cc"lidcred this practice as lrifchiev-
Gus, dangerous or h.b.e to abuie, they might
i~oave forbidden il by law &; to the penalties of
which, iuch Judges rs might afterwards traui-
| grefi it, wouid be.iultiy fnhie9cd. b. not for
bidding it, the ieglature has ziyen to it an i'm
piled fanction and for that ielllature to pun
li 1t now by way OF mpeachment, would b
| TO convert into crime, by an * b9R El7a PRO-
/ ceedng, IN ACT which when il WAS done & at all
! times before, they had the,nftives virtually de-
ciafed 70 bc innocent. Such condnGl would
/ be utterly it6verHve Of the fuudamenta erin
! c'pes on which free government rens; and
would forn precedent for the ..;5G rlucuina-
~ and arbitrary peritcp;ions, under the forms
! cf law.
| Nor can the incoreancf3 of the political O.
! pinions thus e%Pref;d, have any i,lf7uence in
deciding On the gfiil, or innocence Of 4 indye's
condLtt in cXpreiiing them For if he filor!d
he conid@red as guilty or innocent, according
TO the irPPofcd cor:eStncfs or ncorre9 refs
OF ne opinion, thus eXpreltd by him,
ii would follow, that error in political opinion
however bOpeifiv entertaincii, might be crime;
! and that party il power might, under this
rreteTt, defroy any Judge, who nlig',t happen
in charge toa grand jury, To FAY foaef6iag
capahe ~ Seng s'lai3 81 ~ tte:n. ii,to 20
iiticai opinion adve,fe to their own iyiiern.
| There might be FINE pretcnce for favinr,
that for 4 judge to utter Tedious sentiments,
with intent TO excite fedijion, would bc an I'M
peachahie offence: although f.ch do6trine
would be liable to the r1cc dangerous a6Yfs:
| and IS noffle to the fundamental ,,-inrirje, cg
our contribution, amt 20 Tie hea cfabiiT,ed
! a>iiTscfourcriri'al iaritDrijcnce 3utadr,it-
ting this dotirne to h. correct, it cannot l.. de-
MEG that the fictitious intention r,,:f be proved
clearly, e!t!;er IL It's moi r1ccsiIc,
on from the words theiritlyes, or hv r,lnc o.
vert acts OF a fictitious nature connected with
them. IN the preient cafe no fuel acts are al
lodged, but The proof on Editions iatcn. muR
reit on the words themielves. By this rub, this
respondent is willing 10 De Judged. Let fhc o.
pinions which he delivered he examined and
II the members Of this honourable court can Law
their hands on tScif' hearts, in the p,cftuc. of
God, and lay, that thefc opinions are MOI rnIv
erroneous but fictitious a'io and carry with
them internal evidence of an Intention I'm his
Respondent 10 excite f.ditioo, either aqaiun the
fate or general government, he is content to
be fouad guilty.
Innsking this examination, let It be borne
III mind, that to oppoft depending me7f,re,
by endclgou.inC 30 convince the public that Il
IS improper, ard ought not to be adopted
OF to promote the repeal Of a law alrsady psd,
by eAdeayoar;ng to Convince the pubic, that it
ought . be repealed, and th5. ftich men onobt
20 be elected TO the legi0atur. SIS will repe.l II.
TO attempt IN fine, the correction Of Du&,;
mea'ures, by Arguments tending to new their
improper nature, or deGruttye tendency ne
yer has been or can be coniidered as fediicn, in
any country, where the principles oflaY and
liberty are reipctlll but is the proper and IL
tuaI eXercife Of that right OF opinion ard g3cech.
which con'itutes the distinguishing feature OF
free government. The abuit of tbs privilege,
~ writing and pubitl,ng rs facts, in3i;..ous
faliehonds, with intent TO dcfame, is punfha
Vie as libcilOus, in the courts bave iu,ifli6ior
of iuch ofences where the truth or flfchcod
of the facts aIledged, and the malice or corre4
nefs of the intention, form the criterion Of
guilt and innocence. But the character of H.
belIous, much ltfs Of fictitious, has never
been applied to the expeditions IF opinions
concerning the tendency Of pu1ic meaflrcs.
or 70 arguments urge fer The purpofe of on. |
pofTg them, or of efftt'ing their repeal. TO
apply the doctrine of ltdiion or of bcls r.
fuch cafea, would ilCantly dcnrov All liberty !
of fpeech, fubvert the main pillars of free 90 /,
ycrnment, and convert the tribunals Of iuaice |
l1to engines OF party vengeance. 10 condemn
public meaiure, therefore, as perniciuus in it
tendency to ule arguments Tor proving If TO
be 70 and TO erdeavour by thei. means TO
prevent It's adoption, if aili depending, or 10
procure it's repe1Iin 4 regular aud contributions
al way, fit ue already adopted; can never be