Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-19
From the Ms,v York Gazette Of Jan. l6.

Malaga and Gibraltar, left ct the latter port,
Nov. 81, briggs Columbia, Nesbitt; and Silk
worm: Hathaway, for New-York, TO sail on the
eo,h: shin Paragon, Thompson, of Boston,
DAYS from Liverpool, for freight or char ter
The shin Gov. Hawkins, Dunton, from N. Y.
sailed 3 days before the M. for Messina, and
the brig White Oak, Moves, OF this port, sail
ed Nov 9th, for Leghorn; brig Sicily, Bulk.
lev. was waiting sales OF cargo, and would
leave soon for Messina Schr. Thetis, Lincoln,
of Boston, had sailed for Pemambuco, and
schr. Chilo, for Maranham. Brig Tontine,
Harris, of Philadelphia, had discharged part
of her cargo, filled up with stores Tor the squad
ron. and would leave the next day Tor Port
Mahon, Minorca, where the squadron were
TO rendezvous for the winter Brig Tamworth,
of Boston, had discharged, and was waiting
freight. Ship -, Hatch, do. do. Two
brigs had arrived from the Straits, and were
under quarantine. Left no American vessels
at Malaga.
Captain 7. states that great distress prevail
ed in Malaga, and the surrounding country,
occasioned by the heavy rains, which destroy
ed the crops of grapes, and the great loss sus-
| tanned by the fermentation Of wines; several
farmers have lost the whole of their wines in
one night, and that which was brought in be-
ing so inferior that it was hardly worth prepar-
ing for market. The prices Of lead, fruit,
wines and barilla, had consequently consicera-
bly, advanced.
CRIMINAL COURT, CITY OF NETWORK.
Thomas w. Clerke, the Editor Of the Globe
and Emerald, was called to the chair. The
recorder made long address, the substance of
| which we give as follows:-You have been in-
dicted and convicted ofpublishing libel on Mr..
Stone, the Editor of the Commercial Advert
ser. The circumstance in which this libel O.
riginated occurred in the progress of public
discussion about celebrated player called Kean.
II seems that the same spirit was prevalent a.
mong number Of people. II created confu-
sion in the Theatre. Gentlemen conducting
the public press, very foolishly became warm
on the question. A fair criticism is undoubt-
eddy correct and proper. But, though we are
entitled TO free enquiry on any public question;
yet those who may differ from another ought
not to be libelled Our laws are so plain on this
subject that no one can mistake them. 1t is
lawful to publish any thing you please, provd-
ed the publication is true, and made with good
motives. The conduct Of individuals may be
examined as well as that of the government
So long as the publication is true, and it is done
with good motives, the law acquits the. party
from any criminality. Nay, to prevent the
rights of the press, from being encroached up
OH, the constitution as well as the laws enacted
under it, have said that the jury shall be judges
Of the whole matter-the law and the fact. 1t
is believed by this court, as well as by every CT
tizen, that che liberty Of the press is sufficiently
protected by such provisions. With reference
10 your case, the court are of opinion that you
made the publication respecting Mr.. Stone with
good motives. Yet if you had reflected for
moment, you would have found it was false.
Here the Recorder read the libel Gus mat
ter.
Now it is perfectly clear that charging man
with having opened his hand to bride, and of
committing crime nearly allied to suborna-
ton Of perjury, is libel unless it is proved
Every mans feelings would be injured and
laeerated TO see his name introduced in this
manner into public journal. For this offence
it would be the duty of the Court to inflict
heavy punishment, but according to an af
fidavit made by you, it appears that Mr.. Stone
had made use of some hard expressions to.
wards you, such as calling you a foreign rene
gado 1t is very unworthy in an American
citizen 10 call any man such names, who has
emigrated to this country from The best and
purest of motives. You have preferred our
government to that which you had left. Your
principles were honorable in making the
change. An editor, therefore, making such
an attack is not entitled to the same proiec-
ton that one might have expected who had
not done so. Reason at once dictates that the
circumstances ought to vary the punishment
Besides Mr. Stone has it still in his power to
pursue his private remedy by instituting ci-
vii action for damages. The editors were ve-
ry injudicious in making use Of such express
sions on this subject. The people entertain
such opinions of wha, is just and honorable,
that if public officer who has faithfully dis.
charged his duties, should be attacked, it
would perhaps be impossible for the press to
destroy his character. In a long course of ex-
periencc, have seen many excellent men as !
sailed by the public Gazettes in the most viru-
lent manner, and yet have lived to see'those
characters venerated and respected by all their
fellow citizens. The judgment Of the Court is
that you be fined 800 and be bound over to
keep the peace for one year in your own recog-
nizance of $1,000 Snouden's Aduocale.
SUMMARY.
Mr.. Kerate, French author Of a work enti |
tied "Divine Worship" taking our reception Of
Lafayette as his standard, addresses the French