The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-05
THOMAS PAINE TO MORGAN LEWIS,
9" bi' frsffsufion IF Mr.. FAaMAx for One Hundred
7bogfaaS DoAia,I damages
LETT TER THE SECOND.

TboyaaS DoYa,s dau4gesi
| LETTER THEs SECOND
In my former letter, nicwed that Morgan Lewis
could not maintain profeeu.ion agant MIR. Farmar,
becaue the reioves of public meeting are not the
act OF the chairman His fgnature affixed thereto is
not even evidence of his APPRECIATION though have
no doubt niylef but he approved them. Its pu.
there Tor 'hs purPoe Of certifying that fuch reiolves
were pafIed. In thi. letter mall proceed fprtber
into the iubiea
This Proecution is, upon the face of it, an attempt
10 intinidate the people in their character as citizens
from exerciing their right of opinion on public men
and public meafures. Had it been proiecution by
one individual againR another individual, in which
the people had intereh or concern, lhouId not
nave taken the fubject mp. But it is cafe that in
wolves quettion of public rights and which iaews
that Morgan Lewis is NOT proper perfon TO be en-
tru'ted with the guardanihP of hofe rights In the
iseond place, 1t bad example, becaufe is giving
asgovernor OF the fate, the perncious example of
intuting frivolous proiecuiions for the purpofe of
making money by them. A man of confcious in
tegry would feel himfef above it, and man of lpri-
rii would difdaio it.
One Of the objections fia,ed againA Morgan Lew.
SIN thoie refoives is, fbot bebod formed coalition
yri!a fDs J@fraEES " Morgan Lewis conceived and
iet TINS TO be dilgrace to him, he mu1 necenary
as Iaue Tor that conception, have confidcred the
,ederais an Infamous fet of men, and il is now in
enmbent On him to prove them fuch, a. one OF the
GROUNDS c. which he is to prove damages. II is tam
tasnount To his having faid, IN his swn manner of
Peakng, f"y aerge me Of being o1oeiafed 7vb Eoua-
areiI. Morgan Lewis is weak man. He has not
tor the Ration he holds. He entraps hiafef in
his own contIivances.
But II the otsAicn contaiaed in The refolyes was
iii-iounded, why did not Morgan Lewis come for
ward the iplrt o man and the language OF gen.
tlenan, and contradict it. He would have gained Gre
ne
1t. The objection agsnit him was publicly fated
and IL not true ought to have been publicly refuted
.or as Morgan Lewis is public man, and the cafe
involves pablo queilion is the public Of all par
ties that have right sow if the obe aions aganft
MA are true or not. This cafe is quefion of
ia"' OUT quettion OF honor and of public rights.
ihe nan who relorts artilice and cugning. in
Read 1t Handing oil the firm and open Ground of
pThei?ie, can e~iIy be found When thofe re.
i'Ives lrt appeared, Morgan Lewis ia aft have Gelt
t'ie ueceiity OF taking iome notice of them bpt as
1t did not iait him at that time ether to aekno Wedge
them or eonira9et them he had recourle to a proie-
eu'ioh' as 1t We lid afford pretenee for doing nei-
ther' "A pToiecution viewed in this Light would ac-
coninlodate itie to the f;uation hs was in By hold
ing the siatter IN oblcurty and indeciion till the
eec'ion ihoud be over. But the arEee is too gauzy
not to be ieen through and too apparently triekilh
| not to be deipiied
As to damages, Morgan Lewis has iuffaued none
thoe r"loives have had any pfIsct, has been to
his benefit. lie was lOR man among the republic
cans before the reioIvss appeared, and their public
appearance has given him ions Handing among fueh
OF the iederaiis who are dsiltute of honor and in
tenbble oil dhgraee. Theie will vote for hira
AUD sio Tor RUFUS King, the perfecutor OF the unfor-
unate lriih.
! now come to fpeak tho fubjea of damages
generally Tor II appears that certain uries
have ran into great INTAKES on this fubiea. THEY
have net diiiinguihsd between Sraaty and damages
Penalty Is Punhment for crime. damages is in.
Identification for lofIes fsltained
| When man is proleeuted srminaly, all that is
neeeary to be proved is, the faSt with which he is
charged, and all that the jury has to do in this cafe
is to bring in verdict according to the evidence gle
ven The court then pafes fentence eonformabie 70
the law under which the crime is putfhable. If il,
IS by hHe, OF imprisonment or both, the law gener
ally limits the extent Of the ine or penalty and aIfo
the period of imFrfonment. IL does not leave it 70
any mad-heades, or avareious individual, or to any
iSry to FAY ithall be an hundred thoufsnd dollar.