The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-13
Gollsgrc69.
HOUSE OF REPRESENTATIVES,.
FRIDAY, Ian, Q.

| R5tof1rd. That a committee he appointed to
enquire what amendments and alterations are
necehary IN The fevsral laws, relative To the
organiZation powers, and duties, of the indl-
c'ai courts OF the u. s. aud tina, the flid com.
| rnittce report by bill or otherwife.
Mr.. Elliot faid that ne had the honor, fomc
days hrce, to preient to the Hnufe, certain re-
iointions of the general aileinbly of Vermont,
concurrlng IN an amendment propoied to the
contribution of the u. S. by the fate OF Ken
lucky, contemplating material limitation of
the Pre!ent constitutional powers oe the federal
judiciary. This amendment has been adopted
by ieyeral ftatcs, BIT; has ALTO been rejected by
iuch number, as completely to afcertain the
tact, that it cannot at prefent become part OF
the contribution of the U. S. Great evil: GER
taniy exit IN contequence of the cxcrcfc Of the
powers now legally vefted in the federal courts;
ana 't becomes important to enquire whether
thoie evils cannot be removed by the ordinary
means OF legiilation, eXercifed within the fphere
OF the confessional powers of Congrefs.
from the attention which he had been able to
pay 10 the fubicd, MIR. Z. faid, he was con.
WINGED that moR of the grievances complained
OK, might IN tti's way he fedreiIed and it was
TO bring this impoi ant iubject before the Houfc
that he was induced TO make the prefent mott
on, and to hope for its adoption.
The refoution was adopted without divifi-
on, and referred 10 Meiirs. Elliot, G. w. Camp
bell Mumford, Smeit, Boyle, Dwight, M. Clay,
Broone and Lloyd.
A letter was received from the Secretary of
me lreafury, tranfniting the proceedings of
the Land Commiiiioners in the Indiana and
Michigan territories, which was referred to tie
comg'ittee on the pnblic lands.
MIR. Jackfon pre.ented the petition of John
boorham-which was referred to the Commit
tee of Claims.
On motion of Mr.. Copton, the petition of
tuuGTV RFItIh m (uh, g. D.:
fannie majefty, was referred to Mefrs. Clop-
ton, NJ. Williams, Holmes, Biihop and Fow-
Ter.
Mr.. Mumford prefented memorial from
David Gel0on, which was referred 10 the Com.
mittee of Commerce and Manufactures.
MIR. Southland prefented petition from fun
dry citizens of Wafhington, praying that law
may be pafied authorizing the public lands in
the CITY to be eafed out, which was referred to
feiect committee.
Mar. Boyle preiented the petition of Ehai.
BledJee, which was referred to the Csnmittee
of Claims.
On motion of MIR. Darby the petition os
Benjamin Smith, heretofore pref:nted, was re.
ferred to the Committee of Claims.
Mr.. Chittenden prefented a petition from .
number OF inhabitants of Vermont, praying for
the eltabliihment of fome new poft. ofic.a,
which was referred to the Pof- Office Commit
tee.
MIR. DAYTON, from the committee to whom
wAsrecommitted the bill providing for the pun
iihment OF certain crimes againft the u s re
ported the bill with an amendment, itrkng out
Inc Sd lection, which was referred to a Commit.
tee of the whole on Monday.
Mr.. Dana obierved that projections. he IN
deritood, were depending in the courts &c .ie
o.o. not airing under any exiting ftaluie os
treaty OF the U.S.-but profecU.ions luQsinri
at common law. In four cafes warrants had
been Iiiued at the order Of the court the ,7-.
ties arreted and held to trial Two oftbfle
prosecutions were againft printers for pubhSa.
ions WHICH had appeared in their papers 1; two
agaInit clerical gentlemen for words uttered by
them. The charges extended to various quef-
tons respecting political conduit, morality and
reiIgion. 1t wa' d iubje6 Of vaR importance
whether this '.tenhve range 1lould be allowed
10 pnblE dccufer holding his place at the viii
OF the executive of the u. S.
at common law alibeller may be fubie6fed
to hheand imprisonment according TO the dif-
cretion OF the court, to which might be added
| the mutation of the ears, according to the doc.
trne of Coke, in the Star Chamber. Security
may alto be required for coed behavior for his
whole life. To the amount of fine there wasno
limitation.
There was alto in thefe profecutons involved
AN interetting queltion as 70 evidence. Shall
the truth of the charges, once efa5lIcd, be
conhoered as concluhve evidence, however
pure the Intentions of the accufed may be prov
| ed To have been ? With this quetion was con-
neeted the Ibrovifons Of a celebrated dec!arato-
| ~ Hatrte carried through the Brtiih paria-
ment hy difingunied man, as duplicating the
pont how far this ftatute affe6ted,fhe common
law ~ the u S. There was likewifc another
quettion, viz, whether the perfon charged with
having uttered flanderous words fiaIl have H.
| herty 20 prove the truth of what he uttered.
| This liberty was denied by the courts of Star
Chamber in England. Such had been the fact
m the cafe of Zenga in America, and in cafe
winch had recently occurred in one Of these
Rates in the lecond circuit Of the u. S. on the
trial Of CrofweIl.
Mr.. D. concluded by obfcrving that he had
ingGeted tbeie ideas as an apology f5r ,firR
that tn. futjc6 might be examinsd , and ihsn
! offered the following refolution:
! ReloISed, That committee be appointed -
| erquIre whether projections st common law
ihouid be iuRained in the courts OF the u g. f3r
| hbe'lous publications or defmatory vgrf.
touching perfous holding Offices or places os
truft under the U. S. and whether it would not
be proper, if the fame be fIfained, to allow the
parties proiecutcd the liberty Of giving the truth
| IN evidence, and that the committee report lac
| bill or othetwife.
MIR. Dana moved TO refer this refoiution IN
4 Committee Of the whole.