Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-05-26

to pass arv law at all on libels and it has
been decided By a verdict of the great body
ofthe American people, that they have no
right to touch this subject: And ! hope no
other Congress will ever have the temerlty
the hardihood, to touch IN a subJecto OF sucn7
delicacy. Sir, the doctrine commended Tor
by the federal party, that the COMMON law
is the law ofthe u. S. was wen more ty-
r~annical than the libel act. The most Mus
trious individuals of that party to which you
and | then belonged, combatted and refuted
these principles, this damnable heresy and
were supported by the present chief justice,
in an elegant and luminous tract. Though
adopted by states, SO far as they have de-
cIarcd it to be law, it is ne other than the
law of England, the law of monarchy, SO
unsuited TO our genius, liberty and 'nstitu-
tons. Last session it was publicly declared
in this house, and do declare 1t was the
first positive knowledge [ had OF 1t, that
prosecutions had been instituted by district
attornies against citizens OF the y. States
for Iibels within the last 2 or s years.-
Such is the difference between men IN and
out of power, and yet it produced SO little
sensation anoung us, among the very men
who r~eprobated the sedition law, & which
execrated as much as any man, that l was
astonished. Under the sedltlon law, the
question was not whether Calender was a
good or bad man, but whether we had a
right to touch with it;whetherl 1t was a good
libel law. but whether we had a right to
make such a law at all. The common law OF
England permits unlimited power to PRINT,
but permits unlimited power to PUNISH,
which the constitution has prevented. But
| wish a strong security for this proudest
right Of America: am apprlsed 1t Will be
urged, 6 as the liberty of the press is Sc
cured by the constitution it will be super
huous to legislate on the subject, a dlsre-
spect for the constitutions" yet must we SO
on AMI be punished, be imprisoned, hned,
&c. all under the common lac. The follow
ing resolution may lead to that security,
which I lay before the house:
PesoLoed, That a comittee be appointed to
enquire whether any and what prosecutions
have been entertained by the courts OF the
United States for libels III common law,
and report such provisions as III their OPP
Mon may be necessary to secure the Tree
dom of speech and of the press.
Mr.. Dana. Perhaps the resolution now
read NAV not 90 as far as the movers ideas
extend In the district from whence
come | have the knowledge OF 9, Z, OF s,
prosecutions for libels. | don't know "a
gainst whom, against the clergy perhaps, tor
speech in the pulpit, or conversation at the
table, without other punishment, indeed
than costs, &c. owing to want OF legal
knowledge, want of accuracy IN form, &c.
in the legal prosecutions /; SO that though
there have been a great many prosecutions,
no penalties have been incurred, not one
mortal soul harmed. It WAS generally sup
posed, from the dependency of the officer,
that the attorney Instituted his prosecutions
at the instance of the administration, whe-
Their or not I do not know, but as the district
of Connecticut cannot be supposed TO have
much favor at the pa'ace, 1t IS most likely
he acted by direction olsome higher autf.o-
rity but so have these prosecutions even
tuated. With the consent OF the mover L
would insert instituted in the room OF enter
tainedby courts, &c.
Mr.. Raadoph SO modified his resolu-
ton.
Mr.. Bacon avowed himself in favor oil
the resolution, and expressed his JOY at see
ing SO few of those OF ancient he
resy, which had been so glowingly repre-
hended by the gentleman from Virginia,
(Mr. Randolph remain in the country
and wished for the period which should ex-
plode them altogether. In alluslon to Mr..
Dana, he observed, that he knew OF no
.;mh. liz ,nh.ch liz II G attnrnieS could