Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-24

ALIEN AND sEDIrION LAW.


ALIEN AND SEDIrION LAW.
New York, January 16.
Ga tie fast page OF this days psper will lie found
Ike memorial OF Doctor Cooper. OF Columbia,
South Carolina, praym, Congress TO repay him,
with interest, a fac oil 400 dollars w.licn he
compelled TO pay, under the unconstitutional AMI
obnoxious Sediton Law. We persuaded tina,
this document will be read with Interest. Ii is
from the pen OF profound iurist, one OF the mosi
able men in the couniry-ian,iiiar with his rights,
and jealous in enforcing and protecting ihem. AL
though the committee, OF which Mr.. Webster is
chairman, has given him leave TO Withdraw his pc
ti:ion, we nevertheless, hope and trust, that The
subject will undergo thorough discussion, aad
that congress, by their vote, i'll, this period oil
our national history, pronounce sentence on ;ha,
demonstrations! aid ars;ocra;ica law, which sal
lies tie lustre of statute hook, and that they
Hvill restore to each citizen punished under il The
fac at THAI time imposed 1t would he proud act
OF justice and Difference TO the rights of the people
and the freedom of he press. The discussion, at
this time, when we are para'ized and shocked a,
party feeling, and wien RIGHTEOUSNESS and submits
sion to the powers that be, seem 10 be tie or
der Of Ike day, would be highly interesting.
~. y. .flco.
COOPER vs.. THE SEDITION ACT.
10 the Honorable the Senate and House of Re
personalities of The United States IF .I,aeyica
ia Congress assemblies;
The petition of the undersigned, Thomas Cooper,
President Of The South Carolina College, in
South Carolina,
Respectfully Shc,ccii: That, in tie month of
April 1900, at the city Of Philadelphia your peti-
toner was indicted aud found guilty, OF having
printed ard published, what WAS alleged 10 be a
libel against Mr.. John Adams ,hea Pre- ien, of the
United States; which libel consisted no: in clarg-
ing upon the President any acts or doines, CON
cealed or not commonly kaovn but in observations
and inierences respecting the tendency and CHAR
acter OF the public conduct of that gentleman in
his Official capacity conduct upon the whole A.
mcfican public, and neither concealed or denied;
or requiring any evidence TO prove il but It's his
toEcal and recent aoloriety. The Court deemed
your petitioners publication libel under The Sc
coad section of the act, commonly called The Sc
dttion Lac, passed 18th July, 1898, which section
rams as follows, viz: " And be il further enacted
that, ii any person shall write print utter or pub
lish, OF shall procure % be written print
ed. uttered or published, shall know ingly and
wiiifully, assist aid in writing, printing utterinC
Or publishing. any false scandaous, aud malicious
writing Or writings against the government OF the
u. States, either House of the Congress of tie
u States, or of the President ofthe United States
with an intention to defdme the said Government
either House of the said Congress, or the Pre.i-
dent, or TO bring them or either of them into con-
tempt or ds!espect; or 10 excite against them, or
either any OF them, tile hatred Of the good peo-
pie of the United States, sc. then, such persons
being thereof convicted before any Court of the IT,
States, having jurisdiction thereof shall be punish
ed by fine not exceeding two Thousand dollars,
aud by imprisonment not exceeding Two years -
The Court sentenced yoar petitioner, under this
clause, to pay fac Of 400 dollars and 10 be i'm
rrisoned during six months On the day when the
period oiimprsonment expired, your petitioner did
pay into the hands of John Hall, E.o Marshall Of
he irg ,fD Il, Il
fine OF 400 dollars, for the OF the Treasury of
the United States.
Your petitioner has never for a moment doubted
but that the publication construed and punished
as libel, was publication Jus ilisbe and praise
worihy,imputing no corrupt motives to Mr. Adams,
and examining only the tendency OF public mea-
sures OF undenable Dotoriety, avowed and sanction
ed by that gentleman and your petitioner has never
for moment doubted, that the law urder which
he was convicted, commonly called So The sedtion
law" was an unconstitutional law; such rs the
legislature that passed it had right 10 enact ;
and the fine so exac,ed from, and paid by, your
petitioner, was illegally exacted, and ought not TO
be retained. In support OF these allegations, your
petitioner, with all Difference, legs permission 20
offer to your honorable body the following consid-
erstions.
1t may be regarded as an axiom, settled as well
by experience as rpon theory, that there are no
means OF arriving at truth, upon any subject what
soever, within the whole range of human nyesti-
CATION but by Of unresiraine,l d-cussion fLe
unlimited permission ofadducing aud examining anv
fact any argument, that bears upon tine question
in confess. That truth neve. be promoted by
shutting out evidence or arguments or by replyinr
10 evidence and argument, by the infection of pains
and penalties. 1t is universally true, that truth
seeks and error sbuns the light; the one courts
the other breads discussion. In political questions.
tie long and mereiless experience OF all history
ancient and recent has abuDdanuy shewn. that pro-
bibitions OF political discussion haze always and
every where been pToportonate TO the abuses Of
government; and in proportion government and
governors were willing TO rest on the affections OF
The people, the liberty Of investigating their rrn-
cipies and their practices, has been unresirained
10 The people OF every country, these maXims are
oi the very last importance. For, what advantage
% the people receive from being debarrcd of the
lights that can be thrown Oh the conduct of their
public agents, by unres,rained examination? whe-
faer fiat examination be conducted by private
citizen ora public bodyi In a republican country,
where the government is, or ought 10 be, SUCH as
The people wills ito be- where The officers Of gov
@rnment are a--'ed by he people, where lie mo-