Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-21

!" thoughts and opinions Is one Of The inVa lua-
- BILE rights OF man and every citizen may
" freely speak, write and print on any subject,
" being responsible for the abrse of that hber
" ~. In prosecutions for the publication of
" papers investigating the official conduct of
p" otiicers, or menin public capacity, or where
" the matter published is proper for the public
" information, the truth thereof may be given
" IN evidence. And in all indictments for Ii
" beis, the jury shall have right TO determine
=" the law and the facts, uader the direction of
the court, as in other cases..
The proceedings in the case of William Cob
bett and his surcties, the committee believe,
were not warranted by this provision of our
constitution. fit is provided that, no law
shall ever be made to restrain this right, much
more II is presumed will that provision render
null aud void any judicial! decision which has
that tendency. Every citizen may freely
speak, write and print ON any subject, beng
responsible for the abuse OF that liberty. Will
it be contended, that because citizen is res
ponsible for the abuse of this liberty, therefore
every justice Of the peace has the right to bud
over for his good behavior auy person he may
suppose has written or printed, or hereafter
may write or print a libel The committee be-
heve, that in Pennsylvania the Justices OF the
peace have no such power. Ii the committee
are supposed to be in error OIL this pOint-to
what, they would ask, will a contrary cous,ruc-
ton lead? Justice of the peace issues his
warrant. and holds persen charged with d
libel, to bail for his good behavior, IN any sum
which to hiin may appear right, ms feelings,
ings. passions and attachments Of his pslitcal
friends, may all have tendency 10 give his
mimd an improper bas--a large sum for the
reco uizances of the person and his sureties
may be named. A libel Of the most trivial
nature is puhlished--suit is brought, aud the
jury. il they find for the commonwealth must
find the whole sum. The court have no power
to remit or mitigate, and for relief application
must be made te the executive. Win hun II
is a matter of discretion, and his feelings may
be in unison with those of the justice of the
peace with whom the busiaess commenced.
This construction, therefore leads to this re-
snlt-that Justice of the peace, and the exec
utive, have il in their power 10 inflict the hea
West torieitures for libels of tue most trivial
nature. But this construction does not end
here. Suppose that bail conld not be given,
and the individual is committed to prison-Is
citizen OF the United States WHO has commit.
ted no crime, to be deprived of his liberty,
merely because justice of the peace is appre-
henSive he may commit one! Would II not be
better to establish IA board Of censors at once,
and lei every article for future publication pc
placed under their control
By THIS course OF protesting also, the inter
ve"tIcn of "a grand Jury is dispensed with, al
though the letter OF the constitution does not
expressly forbid The proceeding by which
libel is punished, without he intervention ola
grand jury, still il is believed to be contrary
To its spirit and meaning-an iutrnction of
which is equally injurious 10 the liberty OF the
citizen.
This is a subject interesting and important
The committee might have pursued il much
tarther but they fOrbear to enlarge. If the
Judgment OF the committee he correct, the
proceedings in the courts as detailed in the
foregoing statement; OF facts, have been errS.
neons, and the petitioner has improperly been
compelled 10 pay considerable sum of money
INTO the state treasury.
The committee respectfully submit the FOL
lowing resolution for the consideration OF the
Senate:
ReSoired, That committee be appointed to
fita go
toner.
Ordered, To lie on the table