Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-20

IN his Retresentatiys ehqrecs1.
Ipresune Il Is known &c most OF YOU fellow citizens
that amidst various other political difficulties, arising
from the free exercise aud expression of opinion has
been my misfortune incur the censure of the
Assembly of Virginia. for the expression of certain opn
ions respecting the true foundation of the obligation i'm
posed on the Senator by instructions from the legis
latures.
it is also known to most of you tkat after
the General Assembly had by resolution, caused It's
preamble and resolutions Containing these to
be transmitted to the chief executive authority Of every
in the Union, we'll myself and had given
them publicity through its Journals has deem>
ed it proper to give pubicityto my reply which
ed to to be called for by specially addressing the
proceedings to and which, therefore, with the
respectful Difference presented the Gensra AS
senbly. through the medium of communication pointed
by itself for the transmission of its procee dir
have intended tor time, fellow citizens present
this subject your consideration but have purpoely de-
layed it till this time: because deemed it too mpor-
tan to be decided upon during the eervesence of the
passionate exciements its first Impression produced
and during the electionee ring scenes which followed
Immediately thereafter, with which I did not wish the
subject interfere but exclusively, that TRUTH being
relieved from these embarrassments. might have fewer
difficulties to encounter. in establishing her dominion o.
yer errorAthcugh the infction of censure autho,ta
tiUey for the expression OF opinion, under any cir
cumstances, be deemed bold and hazardous proceed
ing, and certainly requiring extreme to justify
- especially upon Senator member of the House of
Representatives Tor opinonn debate under
the express security afforded them by the constitution
of the United States in the following words; and for
any speech debate in either house they Ito wt) the
Senators and Representatives shall be questioned
in any other place and although the General Assembly
in its reasonings the case did advance opinions upon
fundamental points, very different from those en-
terrain upon the points, yet when proceeded
lay down the rules by resolutions for the future obser
Of Senators, they differed far as am able to
judge, in their practical Effects, rather less Than the
shadow of shade, from the opinions had EXPRESSED,
and which had cac forth the censure of the General
Assembly; and die differences in FORM humby con
ceive not to the disadvantage of those opinions can
not avoid emarkng here. that the present crisis pre-
many useful lessons of the wisdom aud foresight of
of the trainers of excellent constitutions the guards
they have placed over our liberties and especially
their attempts the freedom of speech and de-
bate in public councils, when almost every depar>
from the line rigdy marked by the modern
of political morals is subject OF general denupcia
ton through the naon--It requires unusual degree
Of hrmness to discard this course approaching and its
effects in checking the freedom of speech and dabae,
think, already apparent.
How far the General Assembly has manifested it's re
Spect for this wise and solemn Injunction OF the consttu
ton In the in question is submitted entirely oyour
decision and do not know. that can Better bring
1t your view than refer you the made
to the General Assembly in relation to it in the follow
ing words -
'If upon the whole, it should appear, as it must ne>
Scessariy appear, from to the actual evi
dence III the case that have not denied the right,
the authority of the General Assembly give
tonsto the Senators chooses accused of any of
usurpation, committed any act of cupabe disobed
ence what is the actual offence which has drawn upon
me the reprehansons OF the General Assembly,
1t is the e1rtsSon IT ofi7ien rejoicing the foltn
daon Of The true obligation mhose on tie Senator by
iStrRcfions. The offence does act con1-
fed, but of an oiOn expressed Suppose the opinion
20 be honest but erroneous would the honest error psi
fly the transformation of honest Opinion info The shahe
oa cab dcl and then justify the censure of It's author
for such disguised culpabiiy The expression, ever.
the collision of opinion, has at all times been deened
sential the discovery OF truth Truth is discovered
by opposing the to the false opinion and leaving
mankind ondge between them. ToefFect this dersbc
object opinion should be eft free air. Its exercise
and expression should not be restrained by authority.
Opinion is delicate, spontaneous. sensitive plant II
fades and whers by the artificial cultivation of author
ity IL shrnks from the deleerous touch, of the
finger OF authority But according my understanding of
the proceedings of the last General Assembly, II has
deemed opinion proper subject OF legislation and has
authoritativeiy denounced in its legislative corporate
character 1t has antiag resolved, as conceive
TO put down the false aud set up the true opinion And
not content with this operatun it has freely inflicted
upon the unfortunate author of the denounced
opinion, for conforming TO he orthodox one even be
fore its orthodoxy proclaimed and Of Course could
have been known the time Of the commission of
the offence. The sediIion law was presumed 10 have
made opinion the subject Of persecution and punishment
and that presumption produced almost universal alarm
for the safety Of opinion. The laudabe ensbity and
the energetic conduct eff the General Assembly upon
that memorable occasion is known the world, and
cannot be forgotten by the present General Assembly
ITSELF let me then most respectfully ask il, in It's
professed spirit of dignhed Iberaity, reject how
much better the condition of the accused under the
provisions Of that law, Ian under the proceedings of the
last General Assembly. Under the sediionaw the ac-
cused entitled fair trial before judicial tTbp-
nal be confronted with ais witnesses and accusers to
to be excluded from his trial all illegal evidence
against him have all cgsl evidence IN his favor; to
give the truth of the facts expressions upon which he
was charged in evidence be- heard BY counsel his
defence before condemnation &c. &c But, before the
last General Assembly, the accused, far from
joying the smallest Of these Privileges, was condemn
ed unheard and upon evidence uphesrd Of and unknown
And is now lelt only me hoor Eicfege asking 50 DC
Heard ~ lis aesacr afterhs condemnation end cessure