Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-13
VIRGINIA ARGUS.
R &c H NJ 0 N D:
TUESDAY, JANUARt IS, 1907.


THE VIRGINIA LEGISLATURE, it
is Supposed, will adjourn on Monday or
Tuesday next. The revenue law repian.
as heretofore. except with two amendments.
The one making An alteration in the tax NJ
ordinary licences, which i. is expected win
make a considerable addition to the pro-
duct OF that branch Of the revenue. The
oth-g amend nent has for its object. = tax
of per cent. on the capital Of the
Branch Bank of the United States, ut Nor
folk; so as to place that bank On footing,
in this respect, With the Bank af Virginia.
This tax is expected ~ screase the rcve-
nue. to the amount o. about 10000 dollars.
TIE HOUSE OF Der EGATEs, On yes
ter'tay, passed = resolution expressive Of
thcir wishes, that Mr. J'.dr.rson should snf-
tcr himself 20 % congilcre3 IS . candidate
at the on3uinT election for President. Pie
resolution, together with a sketch o: the
arSum, nts used on the occa sion, will appear
IL our next.
TT will nc seen from the proceedings Of
Congress that Mr.. Dana has introduced a
resolution for the purpose of appointing
committee nj the Horse . Representatives,
t9Caluir. and report, whether the courts
o. the United States have cognizance of
prosecutions at common law for h5rls "a
geinst the government of the United
States.
This measure Of Mr.. Dana is entlrely of
= party nature, and the object of it is pal
Pahic. Our readers may recolect, that in
tac state Of Connecticut, where Nv. y. re-
sides, the fedcrahsts have not ceased To per-
secute their opponents by fine and inlpri-
sanment Availing thcUseives of local
;.scendancy in the courts Of the state, they
have made opposition as destructive to the
republicans as in the worst times of federal
nlisrule.
The republican party wishing to make
their opponents also, feel the weight of adj
verse power, instituted prosecutions in the
federal court, against some of the most
ciomOroas and scerri0s of the federal
party, no were also fined and imprison-
ed.
Wecons;dcr this &C. as Incorrect in Drin-
ciple, because we conceive the Jurisdiction
Osthe federal courts rs confined To cases cx-
pressiy mentioned in the constitution, or to
such IS arc expressly provided for BY some
act of congress. At the same time there
was nothing, practically uaiust in IT'S appIi-
carton. Il is certainly as criminal to libel
the government Of the United States as that
of the state of Connecticut. nor is the un-
fortunate Scleck Osborne SIS n subject of
sympathy, than the factious bigots who
EerSeCUte him.
Mr.. Dana's resolution further proposes,
that if the committee should report in IA
roTorthe jurisdiction of the federal courts,
that they next con- der whether it would
rNt BE Just to provide by lay, that the pri-
Honcr in such cases be permitted to prove
the truth fthe words charged, in his justi-
scntion. Now the policy ofMr. Dana will
be to impress n belief that prosecutions for
l. 1t e.
courts, and from thence 70 infer that the
sedition law Of 49,, permitting the person
indicted to give the trVth in evidence "a
privilege not permitted at common law il
was really intended 70 mitigate the rigour
OF the common law, and for the relief OF the
prisoner.
Should these points be established, it will
follow, thatth press is now in a more shack
Jed condition, than during the existence of
the sedition law. Both principles and facts
arc opposed to such position. Yet such
ground <f we mistake not) was taken on the
3loor of congress. Certain it Is, the writer
once heard member Of congress advocate
it in a pubic harangue.
Noopinon Gun be more absurd than that
the courts Of the United States have coy
niZance of prosecutions at common law,
OF criminal n.ture, be the offence what it
may. This position has been SO ably and
incOntrovertibly proven, in the report attri-
buted Co Mr.. Madison, that it would be
prcsumptuons to add any thing further.
The same principle has been iudicially de-
cidedby Judge Chase, in the case of the u
nited States against Worrall, who was in
dcted for attempting to bribe one Of the
clerks in the public Offices. The Judge de-
terniaei that no Indictment could be sus-
tanned in tie courts Of the United States for
an &c wlcl was merely an offence at COM
mon law, and on which congress had never
leg;ylated.
Let u5 next see how far the facts ac-
Conpanying the enaction Of the sedition law,
will authorize the federal party to lny claim
10 the merit Of having intended merely to
mitig7se the rigour Of the common law.
The bill which was first introduced, was
not only destitute Of any such clause the
above, but was in other respects more pc
nal, than the one which was finally adopt
ed. The penalties ofthe bill in its original
state, extended to speaking as well aJ wri-
ting. The clause which provided for the
admission Of evidence Of the truth Of Che
wordscharged, wasintroduceda as an amend
ment, by a republican member, and car
RED ..h great difficulty meeting with
general opposition from the federal party.
il is a subject Of astonishmcnt that men
la