Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-01-26
CONGRESS-.
HOUSE OF REPRESENTATIVES,
Erid.1y, San. 2, 1907.

FriaU, .Tar. 2, 1907.
Mr.. Dana, (Conn.) Mr. Speaker In the
second Judicial circuit Of the United States,
prosecutions arc now pending for supposed
offences when are rot defined by the con-
stitution or 8ry exis';ng treaty or statute of
the United States. They are prosecutions
at common law. I'm four cases warrants
have been issued BY order Of courts the
parties have been arrested, and are holden
for trial Two Of the prosecutions ere a.
gainst printers, for publications which have
appeared in their papers. Two are against
clerical gentlemensfor words which they are
said to have uttered. The charges extend
q various questions respecting political con-
duct and morality, and ligion--concerns
OF public hte--concerhs Of private life and
OF tie invisible world
II lcgisl1tirs view Of the subject, 1t is
a primary inquiry, Whether this east range
sh,ull Be altosred = az public accnsey holding
a p.oee at vii under The government Of tie
UHitel States
If abuses of the freedom of speech, as
wei as abuses Of the freedom of the press
are to be left indefinitely to the rcbuking
Wig dance Of subordinate executive officers,
there is further question to be CONSIDERED.
HIhGt shall be the doom Of those sgho NAV be
Gl1aagea ofeHders 2 AT common law, accord
ing to English iurists, Ebellers NAV lie sub
jccted to fine and corporal punishment al
the discretion of the court. The corporal
punishment extends to imprisonment and
the pillory, to which may be added mutila-
ton Of ears, according to the doctrine stat
ed by Sir Edward Coke in his report Of a
case decided in the Star-Cbambcr Secu-
rity too may be required for good behavior
indefinitely; il has been required for lifr.---
The amount Of the fine, the duration Of the
iTnprison ment, have no specific limits.
ln trials for libels, interesting questions
have occurred with respect to evidence
ShGsl prO9f & The publication and IF the Moan
sHg stated ii tie accusation be considered, b TIE
jt0y, as concinsire ev;deace If the gl1it II the
pGrtg accused, h0zsever innocent ma haze teen
his intention? Aquestion Of this nature has
given rise to famous statute III Great BrI-
tain the bin ysas introduced BY distin-
guished member Of the House Of Commons,
who as lately DECEASED
u 4 British statute, enacted several Years
sin tie establishment Of American indie
peraance can be supposed to affect public
prcs1c lions in the United States, there j
fA' -fA- IA~DN'ViA ANaPNNAiliS fftAttliNCs "
wine lat statute does not extend. Shai
che 34g, sgk7 iseh1ge- a5itt at.er.al ece-aaa
Ieas fgSehoocS, haze sse fs5eftF, a. rta cejeace
to rf,vs the nSh q Uhat ~ t1s altered
THIS liberty was demed ly die c3lg Of the
Sta Chamber N England Z his liberty was
deried in the famous case Of = ager, who
was tiled IN tits country before the Amcri-
can revolution Ard recently--in one u
The states comprehended within the second
judicial circuit Of tile United Statcs-m It's
tia 81 CrosweII, lAis liberty was ut al
loved
lhs summary ss2tement, Mr.. Speaker,
IS mg spo.ogy 70 The gentlemen of the house
for requesting attention to the subject w
rrose-t,4aas. conducted by law officers NJ
- Uan4 sts5es, for iibeiloi.s publication,
OF. lesAmatars words That TIE subject
rasv be tai4iy presented for consideration,
gave pr pared . resolution for the appoint