Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-27

thew are to be questioned only according to the
laws of the land One mode OF quesionng them
under these laws, is by appeal to superior co"r.'
and, after the subject matter shall have oeen H.
nal yriecded, another mode OF questioning them
is by respectful discussion, either IN the pubic
prints or elsewhere. In the present case the
first mode Of questioning the opinion, that oy ap-
neal had been resorted to. For the second mode,
that of respectful discussion, the case was not
ready, because the subject matter had not been
disposed of finally; and even if it had been. 1t has
been shown that there was no semblance of lnves'
tgatiop in the article; no pretenee OF discussion
of any kind. 1t was sheer misrepresentation;
and it does not follow, that, because an opinion
of court may be respectfully discussed, 1t may
therefore be misrepresented; much less that IL
may be so misrenresented as not only TO impair
the confidence of the public in the dignity, intel
lgence, and purity of the tribunal, but to render
both the Judge and the Court objects OF unlver-
sal contempt, scorn and ridicule; and least oil all,
that in doing,a strong prejudice Shall this also De
infused into the public mindwth regard to causes
still pending in the Court
Is there to be found in this, continued MIR.
Writ, sheer at the liberty of the press? Does
this snarI at it and is it not declared foftdem ger
bas; that its usefulness when used IN the dissent
nation of truth is unparalleled. and that great
er blessing we cannot enjoy: and is this a sheer,
but at its RIGHTEOUSNESS, and is 1t not the honest
opinion of every man! or is there more suggest
ned than restraint on Righteousness; restraint
conducive to its true lbertyF A certain restraint
is impressed on every object of creation; re-
straint both moral and physical. The planets by
restraint are kept within their orbits; the earth on
which we dwell. was kept in its place in the
heavens by restraint, acting on it OF Its own con-
tripetal and centrifugal force. All the planets
these moving bodies, were it not for that species
of restraint would soon fly off at tangent, aud
no longer remain in their course. And does this
detracl from the beauty or the splendor OF those go
rious orbs? and to this, do we not owe the difer-
ent seasons, to which we are indebted tor every
thing in turn.
: prune the vine to make it more valuable,
to add to its health & ITS growth. Does Tins snow
our hostility to the vine? And how many other pro
auctions of this earth, are there not. whose rank
uxuriance, if not under restraint, would obscure
the very face of creation Is it not right then. that
the press should be under some restraint, to full
fiji its proper objects, to propagate truth ana IN
formation for their proper ends! Is II not always
those who are most lavish of their praise, who are
Ioudest in their clamours for the liberty
of the press, whose feelings are warmest
for it. or who are its best friends. For there are
those who, when they haer those bursts OF elo
ouence and high wrought eulogies on the liberty
Of the Press could well exclaim with poor Cordella
TO King Lear
.Unhappy that am Il canrot heave
NV heart unto my mouth: love your majesty,
According to my bond; nor more nor less
And there were also those, who like his hum
bic self, wight we'll repeat-their hearts were
heavier ,hai their tongues.
There was no occasion to heap this contumely
on Judge Peck; for himself, he believed Judge
Peck loved that boasted liberty Of the Press as
we'll in his heart, as those who had it more flip
antly on their tongues. They had brought for
ward as charge against him, his sneerng at the
press, at an early stage, and what might not be
expected to follow.
Another thing sand of Judge Peck in the open
inc. was, that he thought he could buy Oft the
present impeachment, because he had decided
those land cases in favor of the U. States. Ii the
charge meant any thing, itmeant this, that the
respondent conscious Of guilt, and full OF sordld
motives, hoped by a few dirty acres adjudged to
the states, to buy Oft his pardon. II SO. he must
have been the greatest fool the most debased.low
and contemplate mortal that ever took his sta
ton Oh bench. But where was this presump-
tiou to be found? at the close of the already mem
be seen, step by step that the respondent was &C
tuated solely by sense of official duty, anda de-
sire to sustain the dignity of the Court.
He considered it his duty to sustain the dig
nifty and authority OF the court over which he
had been appointed to preside: he considered 1t
due to the Government which he represented: due
to the tribunal. and due to the suitors whose rights
were committed to its protection, to punish this
contempt as he did punish it. He did consider
himself, and does still consider himself, as
sustained, at every step, BY the hig hest au-
thority. He believed it, conscientiously, to be
his solemn and imperious duty to make the ex-
ample which he did make, more especially in re-
aion to the country in which he holds his courts,
and the nature of the claims which he was called
upon to adiudicate, and which had produced this
agitation. If, in so dong, he has erred; he has
erred in company with judicial characters with
whom any Judge may be proud to associate; and
he has vet to learn that such an error would be
high misdemeanor in the sense of the Constitu-
ton of the United States Judge Peck is per-
fecty aware of the purposes to be answered by
his removal and is, therefore, rot at all surpris-
ed at the pertinacity with which it has been sought
for the last fonr years Whether these purposes