The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-07-17
mo 20.

~ "oo oh tuCy WSTC aifOVCu 10 testify.
Their words were few, but like so many mes
sages Of grace OF high Command, from hea-
vens
Then, as the day dispels the shades of
night, the ugly COLLINS fled. Then the me-.
naccd and trembling vic,im, delivered FROM
their spells, came forth arrayed in the white
robe OF innocence. Then Lucifer was for
ced to bow IN J. mage tn The truth. Then
all his coniuraIons vanished like frigh iul
dreams, leaving no vestigc % the wsk,ng
senses, but the vague horror that fingers
like suphurious odors sfler extingu,sned
names; and the Same tongues that within
one short hour had spoken such word, as
never honest men before land honest men
stiIi must think they arc) had launched a.
Sainst the honor It a woman, then they ton
changed their tune and he who last nd.
dressed you + with paisied tongue and elo
q icnce subducd. 100 good tn persevere in spite
OF Heaven. cried out feccaui Tue >e
nave snned, said he. true we have written
hes and caiumnes, but we ave innocent .
t'r what we wrote, we are set OH ~ u,fte
ne acre historians and Carver Told &c 20
us. 1t was lii Carve,'s et err, his scuyrIluus
letter to his friend and inmate, and touch.
ing the companion of his wife h w c MD
we doubt thaf 1t VAS pure and fatrh.ui : md
carver was bnth atheist and deist D.; what
mouve Could we then suppose in LIN but
that Which promp'sus to the love ot Christ,
W nose militant we are !!
Aud further say his counsel the lady
should have brought civil &c ion bu it
we Drought such An action and sought da-
m iges, then they wnuldhave cried see h0y
TINS lady prefers her private interest TO pnb-
lac justice, IN. w she makes merchandise. of
reputation. They say we shom have pros
ecuted Carver, and Mr. Che.;ham would
nave been our witness 10 p, owe rim gully.
L VIII not answer to such Inockerv We
scorn the test "ony If approvers and parties
IN the SUIT. much more of principals HawA
ever bad Carver may be. he is better still
than Gu ae'ham. H. zvQs an atheist. he is
deist, but he tells you boldly what ne is ::
and IN that there is more honesty, than if he
ava profess himself christian and was nor
one. n deist may be honest, many are so.
and between this publican and pharisee, he
viii go justified rather snan The Other
lhey say, that less will Justify ON an indict-
heht than civil action. Which douy the
reason is written in the law, Which saws
that no man shall disturb the peace by ut.
ter'ng reprnachtul, malicious and prov ok,ue-
sayings however true. And il is PLAN aud
snflpi-. II any have committed crimes. 1t is
: tue auty or others to bring hem 70 Justice
! and to tr Il (; but no man has the rien}, not
even an historian, to u.urp, as have sa;,,
at once the pow RS of legislator, accu,er,
prosecutor Judge, and exccutioner, aud rtluyv
DOWN all before him. But m a civil ac.i,n
there may DC mischief done and ct rluriehc
to damages. as in he case # coHla2,, l6ei
sera, who have wolves heads and De;.,,, in
noStiiity with all mankind have no claim for
t"a' r'sht OF private reputation when tnev
10 not respect. English judges have gone
much farther, and have aid the greater no
truth. The greater sui the lib, |. d., moi
'Sti'y that saving, although i. IS inc say
! ing or the great lord Mansfield. II was
'ohS, and have alVa,s struggled against
1t, even a my peril. and TO nv l9,s
nave cited Eng'>h Cases where it was
neia mat good intention would not Justify.
oechu'e NJ nan IS allowed Justify himself.
f"d II nat was here to be the justification.
. ' counsel shonld have maintained not thac
,he client was wise and great historian
Du' nj tniaC without lucid interval or id
lou from his birth. The gully act alone is
evidence OF malice. and The fact of being an
historian no more rebuts it, than If n man
should murder, and then say | was told 10
murder saw a letter which made me-
think 'he man murdered guilty; murder
Gu h'm out not from any malice / am an
assassin and live by killing kill none
pu' NOSE am told are guilty do it Their
i'r 'Iod's sake; have no malice / have
! shown Amer, lean cases that bear nm the ea',,e
P"iht out above all the statute of this state
WITCH says, That In such prosecutions as the
present, the truth itself shall never Justify
unless II De moreover made satisfactorily to
appear IN evidence, that the publication wa.
from go1d and justi6able motives. The
truth is now abandoned, the falsehood own
co. But 1T is said, the English case, are not
it"' and that the statute here does not an.
ply lnever liked the English law oflibeis
nor ever understood il. Ii seems to NE to
nave IT'S roots in the Star Chamber. or to
nave shot IN storms and commissions when
the powerful party still shaped and stretch
Gu 1t To IT'S purpose. l have often defended
prosecuted printers against its oppressi,ns.
out never tiii this day prosecu ed any. With
utmost Difference say it now, | do not like
'ne Jaw laid down this day: and If the ri,rbt
Oh taxing an exception ex ended to a crj1,i.,
! na' case, and WHY it q .es no 7 know M,
would humblf and respectful, do hat The.
mlgh'y ridge that | have mentioned LORD
hansheid, erred on the sime subject AMI
1ne hhdIhg OF Juries agai,-.t bis charge, who
oy the constitution in such cases are Judges
OF the law and of the fact, were sanctioned
afterwards in = gland by parliament and
pc pie, and bfough about statutory law in
conn .naion OF their right. If any law be
std'ed no" toyou, TO which your understand
"Ss or your conscieuces cannot assent
would Then re'sr you to that paramount sane
q n which is above ali human law Tbe
WiVcs ~ our own bosoms arc not more pt,,e
th'n this Injured lady is proved nay more.