Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-01-26

% have the resolution discussed i'm commit
e &c the whole and hope the house VIII
i've X that direction. The resolution is in
hesc words.
Rcscived, That a committee be appointed
% inquire whether prosecutions al common
law should be sustained in the courts OF the
United States for libellous publications or
dcf;tmatory words, touching persons holding
Offices or places Of trust under the United
States; and whether il would not he pro-
per, if the same be sustained, to allow to
the parties prosecuted the liberty Of giving
the 7;rurh in evidence; and that the COM
mittee report By bin or otherwise.
The resolution having been read ~ the
clerks table, Mr. Dana made motion fol
referring it to a.committee Of the whole
house.
mir Bidwell Mass was opposed 20 the
motion. The resolution offered asserts no
principle. It proposes that a committee be
eDponttd to inquire and make a report.
a reference therefore to the committee of
the whole is informal Mr. t. had no obicc-
ton to the reference, if the gentleman
would vary his resolution and remove the
informalitv.
Mr Dana. In my apprehension. the mo-
ton is perfectly in order. VIII am gen
tleman say, that the subject ofthe resolution
is NOT Intimately connected with general
principles ! There is no informahty IN re-
ferring il 10 a committee Of the whole. In
deed, 1t Is peculiarly proper for the commit
tee OF the whole to discuss subject of this
nature, and then decide OH the instructions
To be given to a select committee, who may
arrange details and report bill.
Mr.. ]. Clay PENN The objection stated
by the gentleman from Tennessee, appears
to be, that select committee ought to set
tie the principles involved in the resolution,
and report ID the house, who may then con-
slder the, subject in committee of the whole.
Now this appears to me to be exactly the
inverse order Of proceeding. It IS the pro-
vince of committee of the whole to deter
NINE principles and then refer the subjectto
q select committee to arrange the details.
understand that in the second circuit OF
the Uultsd States, sundry prosecutions have
been commenced at common law and /
also understand that BY the common law
the party prosecuted for a libel is not allow
Cd TO eXOnerate himself BY giving the truth
IN evidence. 1t will be recollected that
even the sedition act, SO obnoxious 70 a large
portion Of the community allowed the party
prosecuted to prove the truth of What he
had published. Ii the statement is correct,
It appears that party prosecuted now IS
worse Oft than he would be even under the
sediuOn law. If this is 50, hope The me-
ton viii prevail, and The evil be corrected
Mr.. BIdwell ] agree with the gentle
men who have spoken on tins subject, that
IT is prOper.to discuss and determine pnncI-
49,. Els1F
resolution is not drawn In the proper form
for that purpose. 1t proposes the appoint
ment OF committee TO enquire whether ny
regulations are necessary on this subject. Il
ought to contain direct assertion Of prih-
ciPie III order to bring the subject before
cormiUtee OF the whole.
Mr.. Quincy, (Mass.) The objection of
my colleague (Nlr. BjdwelL appears to rest
on the word inquire, as contained in the reso-
luton But it is certainly in order for the
committee Of the whole to consider wheth-
er the resolution points to q proper object
Of inquiry and if so, then to give instruction
to select committee TO adjust the details,
aud report bill. The gentlemrn Mr..
Bldwell) viii not say the re solution does not
involve an important question on principles.
The proposed mode Of considering the sub
ject appears TO me not only proper and per-
fectly in order but the fairest and best that
can be devised.
MIR Eppes There are two subjects OF
Importance connected with the resolution
before the house, LIST, whether the common
law OF England IS a part of the law OF the
U. and 2nd, whether in cases OF prosecu-
tons for hbels the truth cah be giyenin evi-
dence. have drawn up two resolutions,
which by way OF argument | will read. and
which II the gentleman from Connecticut
will w4thdrew ms, / win propose to the
house.
Mr. Z. then read two resolutions. The
first went to declare it violation Of the
constitution to try and punish any person at
common law IN court of the y. 5. The
second went to declare il natural right in
Ill trials lor the party prosecuted 10 give the
truth IN evidenced
MIR. Dana, as he RISE, observed that he
had already spoken twice on the motion.
LeGue, leave, was heard nom different parts
OF the house. The question for leave to
speak again was put by the speaker
Agreed. Adjourned.
WEDNESDAY, JAM
gotnlfees-.-A bill 10 authorize the Prcsl-
dent 70 accept the services of $4,000 yolun-
tee-s, was read twice
The bill for preventing the Slave Trade
was again called up and discussed-Mr
BidwcA moved the addition If a section,
provldings tkat no negro ~, sited b. The La.p
should Be sold for slavs.
The yeas and nays were taken on Mr..
Bidweli's m0ti0n-Yeas 60-Nays 60-The
Speaker sad, he r5as against the y, .tion.--So