Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-13

pose its wrongs or rebuke its usurpations. II is the
siness and duty of political editors to be vis'ant,
indeed censorions, where occasion apPears 10 requ
it, II is their fearless vocation Shall we attempt III
unncrve them Can error of opinion be tolerated
all, unless reason is left free to combat IT. And
not liberty of conscience become also IN jeopardy II
such course! But, gentlemen excaIm, at least
Senator from Kentucky does, these frlnters are 10
removed not merely for difference in political opin'9
but Tor harsh reflections members OF this oody-A
iibclious strlcIres-hat require thus KIND oil puni
lnent, or Justify such reallatory measures inns opeE
new and wide field for reflection. Real libels are
crime, and punishable such at common law are
to accuse others of crimes and punish them here II
this summary form-withont hearing-wthout sTY
observation-disclosures lury-counsel, or witness: Al
we to do all hs also, in cases, interested and
CT pare TO be accuscrs, judges, and executonerss--
This course has been called military but is not 20.
ing beyond even n drunhead court martIaE The
humhest citizen, for the smallest offence Isl by the
Constitution entitled TO the benefits of the 9th amend
ment, in the following words: "For all criminal pro-
secutions the accused shall enjoy the right 10 speedy
and public trial, by impartial jury Of the State
and district wherein the crime shall have been COM
mitted which district shall have been previously as
certaned by law and to be informed OF the nature and
cause Of the accusatIon-ob be confronted Nth the ic,t
MISSES against himto have compulsory process Tor Oh
tanning witnesses in his favor, and to have the assist
ance Of counsel for his defence. Our officers may
libel Others assault others and their conduct then,
on complaint, comes before US for examination. But
we should not then remove them without specihed
charges and a hearing and vii! we act differently
when our interests feelings render US less safe
aud proper to Judge These circumstances illustrate
the Importance of nscertainng, as have attempted
whether these Printers to be removed with or with
out cause and if with cause, for what one: Is II Tor
crime, and crime against us, or Tor mere difference
Of opinion The different consequences to the parties
likewise show the Importance oil these distinctions II
YOU had proposed to them without any cause,
thp heinz arbitrary. Weuld tend 10 al.
fix, and would afix, stigma reproach on them
but rather it would fix them ourselves. We should
be considered wanton and tyrannIcal. Again. If you
remove them for cause and that q mere difference IN
opinion, il would not tarnlsh brand them with any
disgrace, because differences of opinion under free IN
sttutons inevitable, and often honest All OF US
must therefore, be content 10 60 IN and out before thus
great people frequently We happen to agree with,
differ from, the majority, however acquired and
though at times we may feel and assaI the temporary
deusons, the supposed receptions, and, indeed the &C.
casional tyranny of malortes, no wound IS gwen to
our characters by retiring to private life
But when majorities seek to expel an individual from
Office for alleged crlme for what IS denounced as IN
famous, and when that attempt made by the very bo
dy against which the offence committed, the whole
scene becomes changed.
The individual and the body are both IN new al
titude, and considerations spring up that overshadow
all questions Of the rights of property and contracts,
and all mere differences Of political opinion. The
i
danger, and the tocsin Of alarm and inquiry cannot
be sounded too loud, because the deed If done may
alA foul stain the victim, which will last and
spread long and as far as the mighty power OF the
press itself.
The party accused may, therefore, in such a case be-
fore sentenced to ignominy well expect full notice,
deliberate hearing, and witnesses confronted against
him. if not an impartial tribunal, for trial. lie may, as
in the present instance, have wife, children, and friends,
the sociudes Of relatives, the charities of neghboS,
,bo do If Ifp md
him. Are these TO be thus suddenly blasted Are
ruin and L>amay 10 overwhem the whole at once by an
partc condemnation 70. crime, and this net IN cor
ner, by pie poudrc court, unknowing and I'M
known, but by one Of the highest tribunals in the
world SO as to dlffuse the fatal poison quickly as
well niuriously, through all the veins and arteries
of the community?
In the other aspect of the transaction, affecting
our character, it may also De wise TO consider
whether different Of proceeding be not due to
ourselves and the reputation of this distinguished boz
DIV, as well of the sovereign States represent.
proper sef-respect moderatlon and delicacy, seem
to require of unusual caution not to do wrong, while
complaining fwrong-nor 10 be hasty, where the con-
sequences to others are astlng-nor perhaps to con-
denim at ALL where ourselves party IN interest,
and the other side has been unnotied and unheard
Gentlemen may Truly say, that their motives are good
and their convictions strong But Others even in this
body, widely and conscientiously differ from them IN
opinion the whole Is, then, a 0ne-Sided, e1
humane, TO say nothing of Justice, Is IT not in free
country, with equal rights and with the glorious insti
tutons ofcourts and ures, an action open inevitably
to much criticism and suspicon' Can it escape rebuke
on both sides Of the Atlantic?
1t is not enough in tribunal like this, TO be like
Caesar wife, pure in lntenton but, It may be beconi-
ing at least if not dispensable to adopt course oil
acton entirely above suspicion. Some may ask what
other step than the present one should be adopted,
when the majority believe the accused 10 be guilty.
r,II, t,a, mil md H.
The course that finds ready approval in every heart
SOUL and head, in country Of equal and Just laws
Give the accused notice Of the specific charges against
him; and by all means hear him betore you strife
A gan as any kind Of trial here, in our own case,
undoubtedly this Senate may be as safe rs any other
Interested tribunal But if no imperative necessity ex-
lists for an immediate and final trial here and especial
" one which will appear TO the accused at least as pos
scssinp some ndccorous haste, why not send HIM ana
his conduct first others SENT TO be tried by the
conrts and under the usual constitutional forms IN
order to ascertain guilt or innocence.
If individuals here feel aggrieved, well as the ma
orty they prosecute also for damages besides m
dctng and then the transaction will assume the ordI-
nary aspect of under the reign OF the laws and mol
be exposed the suspicion of prompted i'll any de-
gree by passion or prejudice. Al least, let US know
and have specified the precise circumstances in which
the supposed outrages have been peetrated before we
proceed farther in condemnation and see II we our
selves can agree whether they are lbes or not II is
tins body who should scrutinze these parcn ar cases,
not five ofthem would agree independently Of any Po-
;cal consideration whether they all or were not
ibels. 1t is unmanly TO be too sensitive or hn-skn-
ned on these subjects.
Again. the gentleman from Kentucky, [Slr: Clay, ]
saws common tdne is enough To condemn the Printers
Would he like to be tried by our political enemies
as to political TOPICS common fame Would we
not both be in danger of the lamp post or the
cullotinc Have not both been clothed over and
over again with what considered and in many cases
knew 10 be- atrocious libels Have we been exempt
from slanderous attacks even in Congress exPeet
to continue to be assailed with my fnll proportion OF
newspaper abusc-perhaps even for some OF these re-
marks But far be it from me, on that account, to
claim any mode of punishment for lbes, or wish
to revive any exploded old mode, like star chamber
or atainder the sedton law. ! would pursue
no different course than heretofore and think that
if I could not in time live down defamation, was
not worth liring. Others may take different views
ever go TO the laws for protection and ou
sturdy, common laws of free pcope-wh'eh ever