Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-21
Pennsylvania LEGISLATURE.
- ~ ~. y n E " fdHfSGuy, Fe6. 7.
THE CASE OF WILLIAM CORRE'TI

MIR. Lowrie from the committee to whom
was referred or the 26ih nit. the petition oi
w iilam tobbett made report, which was read
rs follows, TO wit:
That from examination of the docu-
inents, the following appear to be the promi-
nCut facts:
That IN August, 1907, warrant was issued
10y chief justice MHean, TO apprehend VIM.
COhbett charge for Publishing sundry
libeis against the King OF Spain, aud his minis
ter the chevalier de Irmjo. On this charge
\ the said CObbett was obliged 10 enter into a
recognigance before the chief justice, himself
M the sum OF ; Z 900, and two sureties each in
the sum OF S2on0, 10 be of good behavior
towards the commonwealth anil all the ese
people, until the next court OF over and ter.
minrI.
At the next succeeding term a hill of il.
dictment. predicated on this charge was laid
before the grand jury, and returned by them
iei0TdIRnS
For breach of his recogSizance, an action
OF debt was brought against VIM. Goblet by
Jared lnsers0i, AS attorney tor the common
wealth, retrrnable to December term, 1871,
but MAS rot tried lii December, 1899, when
the defendant tad lett the state.
The breach of the condition assigned on
behalf OF the commonwealth, was the publica-
ton OF a number of libels, between the date Of
the recognizance, and the bringing OF the
sutS, to VIII ;--LiDels on the late governor
MItdin-the BOARD ofheaiib OF the city of Phi
ladeiphla-sn fhe memory of Fraukiin and
HuiteubcUSe -tC.e her with other publications
the people Of Virginia ana other states of
the United NtaTes.
The jary gave a verdict for the common.
wealth, but the defendant having lett The
coGltry before the tIal, there were no effects
10 ne found belonging 10 him, on which to lay
I'll e&vrul.ou.
ACTIONS having been brought against Davies
ana North. the Suretles, returuabie to The
same term as that against the principal, the
triai 81 Davies was brought OF at the next
ensuing term In March, IoOi, and Judgment
was Obtained against him. The case was then
removed TO the court of errors, where the
Judgment was affirmed. In February, 1901,
Judgment was obtained against North
ON the TRIAL of these causes, exceptions ap-
pear 10 have been taken 10 this mode OF pro-
ceedIng. In the action against North, il was
principaily urged that. unless the jury might
lind less than the whole amount, land this it
was said they could not do) a re9OgniZance of
this kind If forfeited ny a libel, would prove a
direct restraint upon the liberty of the press
Shipper, chief justice, before whom and
Smith, Justice, the cause was tried, told the
iur, az 10 this point, that if they were Of opin.
ION with the commonwealth, they might find
tile whole, ia the court had authority, under
an act OF assembly to moderate or remit the
forfeiture. The Jury, as above stated, found
for the whole, and Judgment was entered upon
their verdict at March term, 1901.
On the 18th of March, 1904, North and
Davies filed their petition, that the court
wSud moderate or remit. After argument in
follows:
Sbippen, chief Justice" There is Abundant
g more reason for power in the court TO mo-
g drFate or remit forfeiture of this kind than
" liz those cases which come expressly within
6 the law for as il was argued upon the trial,
II publication IN tie newspaper, may be a
breach, and upon such breach the whole
" recognizance is forfeited, every justice of
the peace may indirectly pnt a restraint
upon the liberty OF the press. l certainly
- tod tho jury that we had an act of assembly
$ by which we might prevent the injury and
g was probably mislcd, by recoliecting that
V in declaring upon such a recOgnizdnce
always stated that it was fled ofrecord, and
" so are the forms. But AIN now persuaded
from an examination of the act, that vas
mistaken, ard that the relief is confined TO
" fOrfsitures in court. 1t is TO be regretted
that IL is too late TO afford the parties new
Iridl. The relief at present lies only with the
executive. The opinion OF the court is, that
the petitions mnst be dismissed"
Smith, Justice" do not 20 merely by re-
collection in stating, that did say upon the
.ridi, had doubts as IL its being = restraint
upon The press aud then tife chief Justice
said we had poverty the act to prevent
injury. II was cieaiiy Il mistake, for the
act does not extend to such ii forfeiture"
Bnney's Reports, t.. j, p 81.
On the 18th September, 1904. . enjanin Da.
vies and Richard North applied to Thomas
III kean, at thRt time the governor of this
commonwealth, tor remission or mitigation
OF the fOffeitureS, incurred by them 10 the
commonwealth. Their petition was not grant
td, and the amount OF the fOrteitHres the IN
terest aud the costs were paid By the sureties
90 the attorney general Of the commonwealth ;
sud shortly afterwards tho whole amount or
debt, interest and costs were repaid to them
by william CObbett.
From these facts It appears, that the liberty
Of the pieas Is connected with the present APP
pliCatjOn aud by tilc views of the Legislature
IN this respect the claim of the petitioner will
be materially afiected
The committee are not aware, that an eX.
tcusive view OF the Arguments embracing this
sHblect will be expected 10 this report This
is not necessary and fit were, their other I'M
pOriant legislative dutles you'd prevent their
attention t0it They will therefore at ore.
sent. only notice few OF the most prominent
principles which govern the subject.
The committee viii not iOok 10 other conn
tries iog guides 70 direct their path an tic pre-
seut enquiry. ln whatever way tie question
may be settled in Great Britain. France, OF
any other Europe n nation, iu Peunsyivauia ii
ought in be settled on principles cong rHia
with our own justfutions.
Oman questions respecting the liberty ol
" the pfess;' in the language Of chief Justice
Jilghman, " the Quilted States in general have
" az al times been very much alive, aud thoil
" 'Oustitu or 70 thl. point .he,g great Jealous,
% fad sensibihfy." The constitution Of Penn
syivanis, has secured this right in clear and
eNplfcit language" inr printing prcsse,
" stall De- free 90 every person wil0 undertake
F" To- examine tie proceedings Of che Iegisia
turc, 90 any branch 81 government and uc
" iaw sEiN ever De made 60 restrain tsr fit hl
thereof Jae bee cOutmunirgt .atl ali