The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-11-22


q suspending the operation OF so much of the
9th section of the act for the sale of Public
Lands in the territories of Orleans and Lou
isiana, as Directs the land Offices TO be O.
pened in January, 1912, and to report by
Bill.
The Sneaker communicated to the house
: q petition from Matthew Lyon, of Kentucky,
stating that he had been prosecuted and Con-
victed, under the Seaition Law that one
part Of his punishment was the payment Oh
= heavy line, which he prays may be refu,-
ded, Go.
The petition being read:
Mr.. .Neqv moved that it be referred, with
the accompanying documents, to the COM
mittee OF claims. -.
Mr.. Basset was opposed to this reference.
IT the petitioner had any claim upon the U.
States, it must be on the ground that the law
under which he was convicted was uncon-
stitutional. A claim OF this kind could not
be recognized by that committee. He tho't,
therefore, it would be more proper to refer
this petition to 4 select committee. This was
desirable also from the consideration t.iat
the committee of claims is generally over
burthened with business.
Mr.. Mckee could not distinctly hear the
gentleman from Virginia; but he understood
him as RECOMMENDING reference of this pc
tition to select committee, III preference to
She committee of claims. He had no objec-
zion to such disposition of it. though it APP
peared to him, as claim, to be a proper
subject for the committee of claims. The
petitioner does not ask for gratuity from
the government, but a repayment CT money
(which he states to have been improperly
paid into the Golfers of the u. s. in the form
of a fine. Whether the claim be well foun-
4ed, OF otherwise, remains for the committee
to decide.
Mr.. Weev said, it having been represented
70 him, that it would be most proper to re-
ter the petition to a select committee, he
would SC change his motion.
Mr.. Randolph had no doubt it would be
Tccollected, that at the first session of Con-
gfess under the administration of the pre-
sent President, the session which met in
May, 1909, n committee was raised {" to en-
auire whether any, and what prosecutions
bad been instituted before the courts of the
". S. for libels at common law, and to re-
port such provisions as in their opinion may
be necessary for securing the freedom of
speech and of the press" Congress adjourn
cd after short session in June. The chair
man of that committee was directed to ad-
dress letters to the Clerks of the several
Courts in which such prosecutions had been
commenced. To some of these letters an
swers were received after the adjournment.
These answers received in the recess (alI
amongst his private papers since the meet
ing OF the present SESSION. we're transmitted
20 the Clerk OF this house, i'll whose possessi-
en- 1t is presumed they now are. The Chair
man of that committee, at the two succeed
ing sessions, was, by the visitation of God,
and from circumstances without his control,
fDr the first time since he had the honor Of a
SCAT on this floor, prevented from attending
70 his duty till the sessions had considerably
I'D Oth ytcah n ha.r 81 :.
obligatory on him to have called the attenti-
on of Congress to this subject. 1t was his
Atsntion, at the present session, without
'srnowng any thing of this petition, to have
called the attention of the house to it, a.
rrongst others, at an early day. He thought
itbehoved this house, as the guardian of the
public purse and public veal, to take care
that the stream of public justice be preser-
vstl pure and free from pollution and whe-
ther persons have suffered by prosecutions
under the Sedition Law, or under the com
non law OF England--not the common law
OF the States, as modified by the laws of the
". u in their Corporate capaCity-he was for
atfording them relief. He wished to see if
any Of our citizens had received injury from
prosecutions of this kind, and if they had, to
redress the wrong by such prospective
measure as may prevent a recurrence of 81
milar mischief.
1t seems idle, said Mr.. r. t1r any man to
undertake, by statute, to do that which the
great charter of our confederation has en-
deavored to do in vain 1t is, it appears
impossible to prevent men, heated by party,
Il seeking only the qualification of their own
passions, from trampling in the dust the
charter which we have sworn to support
for though our constitution has said, in the
broadest terms which our language knows,
that the freedom of speech and of the press
shall not be abridged, men have been found
SO lost to all sense of their country's good, as
to pass the act, commonly called the Sediti-
on .Act, and to send out our judges to dis
pense, not law, but politics from the bench
1t would seem idle to attempt to prevent, By
statutory provisions, similar abuses.--But
though formed as we are, we cannot astain
perfection, we ought, in imitation of divine
example, to aspire to it, and endeavor tc
preserve in purity the great Magaa Charto
OF our country.
This subject, Mr. r. said, might appear
frivolous to others. He knew that men in
tent Oh worldly things, with their shouts gro
Yelling in the mud, who hold every thing but
sordid pelf, and still more disgracefl Office
as dross and dust, would not thilk it worth
while to attend to things of this kind. Nor
did he wish to set himself up FOR a Political
Hharisee, and thank God that he was not as
Sthcr men are.
Mr.. X. moved to amend the reference, by
adding to it the following
With instructions to enquire whether a
4 i