Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1837-08-09
COMMUNICATION.
III the Editor IF Che M@t;n'brg Gszssss /;


SIR:
The extraordinary license which
every low and contemplate puppy no"
arrogatss to himself, Of resorting upon
all occasions TO the neDspapers 10 pour
his private griefs into the pubic ear,
and to SANDER and calumniate bis
neighbours reputation. has become an
evil of 80 irtolerable character, AZ %
cause many good and well disposed q.
tizens to cast their eyes around them,
for some more appropriate check 10 tne
nuisance than seems 10 exist in tas
present practice of society. The grand
iuries OF the country, TO whom the Law
has confded the duty Of noticing thsse
breaches of our criminal Jurisprudence,
have most unwisely suffered them %
pass with impunity; perhaps from :
false idea, that it would be imposing
restraints upon the liberty Of the Press
Us il, indeed, the surest protection for
the liberty Of the Press, was not to
discourage its licentiousness. ! have
known many wise and yirtuous men IN
the community, who have been inces.
sanity exposed to these slanderous as
saults and whose course it has been to
disregard them altogether, content with
the noble Athenian, to show by the pu-
rity Of their lives, that they did not dc.
serve them. Such forbearance may
sometimes add an additional charm to
individual character but is il not a
positive wrong to society Does not
passiyeness nurture into existence a
thousand reptiles, who live but to scat.
ter their venom through the world p
As well might these worthy citizens
reconcile it to themselves to let pass
unnotieed the midnight robber or the
blood stained assassin. The shepherd
of the valley does not permit the wolf
to deyour his lambs, unopposed or un-
punished. And certainly no wolf ever
retired from the field Of carnage be-
cause Of the innocence and non. resist
anee Of its victim. 1t is well known
before what il termed the "Duelling
Law" became a part OF the Legislative
Code Of Virginia, offensive language
between gentlemen was Of rare occur.
renee. But now, since the pains and
disqualfications Of that act have pal
sled the arm Of the brave and am.
bilious, and emboldened the tongue of
the coward and the knave, private ca
lumny and SANDER have become a por-
ton Of the intellectual deser, every day
or week served out in the periodical |
papers Of the country.
For my own part, my mind has reach
The conclusion that the evil has now
attained that magnitude, which requires
it to be Immediately arrested-peacea.
bly,, If zoe cda-.forcibly, If zoe must. III
the legal tribunals Of the country can.
not afford on adequate protection 10
let US invoke remedies pa
even to the law itself. With
the best reflections which have given
10 the subject, | can think of no course
10 truely appropriate and defensible as
that which the great and ilustriois
FRANKLIN indicated upon similar &C.
casion. IL may appear little strange
that such advice should emanate from
the lips of that mild, peace.loving PHI
losopher; but. reader, he was a pro-
found Judge of human nature he was
capable of estimating the enormity oil
evil which reckless career Of Islander
is calculated to produce, and further, his
sagacity enabled him to know that the |
lash, or as he terms it, the cudgcl, was
the only appropriate notice, which
should be taken of those base and yelp.
ing ours, who, having no reputation
themselves, seek to bring every de.
scription of excellence to the standard
of their own Infamous equality. I do
not hesitate to express it, publicly, as
the result Of my own settled conclu.
sions, that as a grand or petit juror, OF
as one invested with magisterial or ju.
dcial authority, | would not so far as
my voice could accomplish it, suffer
a hair of that mans head to be injured
who manned, wounded, or in the lam
guage of Franklin, "broke the head" OF
the scoundrel who slandered him in
newspaper.
But, proceed to lay before you the
proposition of DR.. Franklin, in his own
words, and | do most earnestly recon.
mend it to the adoption of my fellow
citizens generally; and hope that it
may hereafter. like a certain plea of
justification to an indictment for an as.
sault and battery, become incorporated
into our code and be made mart and
parcel of the common law OF Virginia.
DR.. Franklin, after reviewing seve.
raj expedients which presented them
selves to his mind, to check the licen.
tiousuess of the Press, and finding some
objections to all, concludes very ad.
mrable essay as follows:
"At length, however, | have found
one check, that, instead OF diminishing
general liberty, shall augment IT, which
is by restoring to the public a species
of liberty Of which they have been de-