Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-08-10


.eryation Of liberty. This opinion Is not Pc
,,liar 10 America. 1t has had a powerful in
aacnce in other countries, particularly In e.
britain. nthe present alarming state OF the
,rcss, it may not be amiss to address few
,rruments ad hominen, on this subject, to the
,i,izcns Of the United States. tits presumed
hat fit shall appear that government has no
,ipbt TO control the press yfor'i0ri, no other
,,,ycr has. If this presumption be well found
d. there should be an end of mobs.
Judge Tucker &, Blackstone's Ccmmenta-
les. Appendix, Note G. } SAYS, the right Of
,ersonal security in the Uaited States COM
prehepds The un;nse7ru.h!ea enjoyment [inter
}of his opinions ~ al matters ofa civH'
sa.are.' lie adds,
The RICH, Of personal opinion is one of
hose Q6solxte rights which man hath recelv-
ed from the rnnqediafe gin ofhis Creator &c.
s.**ss-- The mind being created freq by
the author of orr nature, in vain have the arts
Of man endeavored to shackle it !: it may IN
deed be imprisoned awhile by ignorance, or
restrained from due exertion OF It's powers
Sv Tyranny and oppression but let the rays OF
science, or the dawn of freedom, penetrate
the dungeon, Its faculties are instantly rarifed,
and burst their prison.
This right Of personal opinion comPre-
bends, FIRST, liberty of conscience IN all mat
ters relative to religion (; and, secondly, iiber-
" Of speech and Of discussion in all sfaecuiatiUe
matters, whether religious, philosophical, or
political
After copious and elaborate dissertation
upon the liberty of conscience, the learned
Judge enters upon the discussion OF the other
branch of his subject. He says,
Liberty of speech and of discussion in
az speculative matters, consists in the abso-
isfc and uncomfortable right of speaking, g0,i-
hs, and publishing, our opinions concerning
csy sx6iect, whether religious, philosophical,
or political; and of enqufriug MIRO, and rag
mining the nature Of truth, whether moral or
metaphysical; the er7tedieacy or farz hediency
of0N tu6hc measures, zYith thei1. tendency and
frOb06le cffet; The c9aduct Of fH6fc men,
and, generally, eusry Other subject, svitheW
fssfTot1ts &c. $500.
The common place arguments in support
OF these restraints Cot the liberty OF speech and
OF the pFess) are, that Trey tend to preserve
peace and good order In government; that
there are some doctrines, both in religion and
foatics, so sacred, and others of 50 bad a ten
dsaey, that no tu6Ec discussion of them ought
fobe suffered There is much more to the
same purpose.
Judge Ticker is a violent republican
When Ae wrote thus, he was professional
teacher of the law and constitution of his
country in the University of William & Mary
His students were educated in these princi-
PIES /; and be has since given them to the pub
lie. He was afterwards elevated to the bench
Of the highest judicial tribunal in the repub-
hcOf Virginia. In the foregoing extracts, he
has employed the language of free man IN
Tree country. lie has written in the spirit oil
The revolutionary fathers of American liberty.
tie has spoken the language of his own state
constitution which declares :" that the. freedom
9the tress is one of the great bulwarks OF
liberty, and cen nsVer be restrained but by
0essOHc governments and of the consti-
'aiiOn of the United States, which prohibits
the passage of any law "z6ridgiag the freedom
Of speech, or of TIE tress.''
The professor does not stop here: After
explaining how the freedom OF The press was
established in England 10 1894 by the refusal
Of the parliament to continue the usual prohl-
OiuOns, he proceeds thus:
" But although this negative establishment
may satisfy the subjects of England, the fee-
ne Of .4nerica haze not thoaght hrofer tosaf-
ger thctreedOpr Of sfeech, and Of the press, 70
resi- uhOa such an rtpcerfan foundation as The
I'I and pleasure Of the government"
UHcertai,t &c fhis f1.snd1tion is, 1t bears no