Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-06-06

(which commenced in S)esember, 1899
But | a.n willing to have some bette
security than the disposition of any ex
Iecutive, for What I conceive one Of tn
highest, proudest attributes of Amert
can freemen. know it may be said
asst once was, whenthe writ Of babe
as corpus was set at defiance, that fol
las much as the right IS contained i,
the constitution and supported by it
all Legislative provision on that sul,iec
would be mere work oil supererogatior
land vet Sir, who has heard of any re
covery uH,ier che constitution for the
violation osthe best, dearest, most in.
valua5le right Of a citizen? In Fact
take away the writ of habeas corpus to,
morrow, and [ would not give pinch
OF snpff for our constitution; for With,
our 1T, every man may be imprisoned
at pleasure. Government might pos
| sibly demand forced Ian, with which
II the citizen did not CD Dplv, ne nigh,
be carried 70 iail.- rhere IS no free
government where this wehderful con-
tTivance, this best hope of man, this
shee.,anchor of freedom. the writ OF
nabeas corpus is not fcand. Aad vet
we may be told that, as the. freedom OF
speech and the press IS secured by the
constitution, all Legislative provision
on the subject is not merely superaui-
! ~. but not respectful to the constitute
ION: And so our citizens are to GO on
To be, prosecuted at common law; and
when they get no remedy, they are
told their rights are guaranteed BY the
lconstitution7-but receive no satisfac-
ition. therefore shiuk it would be a
very wise provision on our part, a, this
time, TO prevent recurrence of SIM.
lar cases, guarding ag.,inst the futur.
jbgwoc experience, a s4nooSin which
| If Is said a foot himself must learn, al /.
Though hewill learn in no other-and.
as far as that epithet may be. crnsu,.
Grad as applying to ngsslf, lido shose
}candidly confess that I have been COM
Ipelled to learn from this, school-f3r'
when the gentleman fron South. ca
rolina uttered that br;t:s,st a elm ati-
on in order to induce this House to re-
enact the sedition law, and hang /. o.
yer their heads asa shield FROM pro-
secution, l really thought it a mere
speech for the people, for had no con-
ception that = court OF .he u. States
| would ever entertain prosgcutien for
libel at ominon law. Therefore sub
NIT TO you the following resolution.
Ipremising, before conclude, Ihat nv
object will be, finding the constitution
inert on this subject, as it only con
tains an acknowledgement of the right,
TO administer wholesome fine and i'm
lprisonmeat tt those who shall hsrcaf.
ter undertake. to carry on such prose
cut,ons.
| I" Resolved, That a coz. nittee be
appointed to- enquire whether any and
what prosecutions have been enter.
tanned by the courts Of the u. States
for libcls At con- non law, and to repor
such provisions as in their opinion may
be necessary for securing the freedom
of speech & Of the press"
Mr.. Dana said perhaps that the re
solution, as now expressed, did not gt
to the whole extent TO which the gen.
tleman intended. That prosecution:
had been instituted for supposed Sian
defs or for supposed seditious words
was unquestionable. For two, three
or four years past, prosecutions Of
this character had been pending in the
circuit court of the United States il
the district of Connecticut. Tia
some OF the prosecutions attempted tc
Establish the imputation of crime a.
gainst individuals, and in cases no
comprehend d under the provisions Of
the statute, so much reprobated under
the name of the sedition act, was un-
questionable. Prior TO the institution
OF these pros :cutions, however, from
an apprehension OF what might be done
by men w1o had protested much yea
for liberty, but not in practice given
stronger Instances ofregard for it than
those whp protested less, in the state
of Connecticut "a bill was introduced
into the legislature for securing the
freedom of the press. That bill con-
sisted of one section, which was co.