Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-18
T wENTY-sixTu coNGREss---ad sEssIc
HOUSE OF REPRESENTATIVES,
Friday, Feb. u, loll.
REPORT


Friday, Fab. u, loIl.
REPORT.
The Committee on the Judiciary, TO whom was re-
ferred the petition of Charles Holt, report:
That in the month of September 1850, petitioner
the Circuit Court in the State of Connecticut
diccd and found guilty OF having printed and published
what was alleged to be libel against Mr. John Adams
the then President OF the U. States, the alleged libel
was in the following Words TO wit Thc officers OF the
corps met in Dambury, and assigned the stations
for each in which 10 enlist soldiers as recruits. The
newspapers also that the President has CT
rected the additional regiments to be organized In so
serious a crisis, trust that few remarks will not DC
amss question arises where are these recruits Tor
standing army to be found Among our spr!ghi'y
and enterprisng young farmers, who, by industry
and economy, may grow rich, become fathers OF
families and men of great responsibility as nus
bandmen in the immense regions which are cult
vating in the West No: they ready in their
places to do military duty at the risk OF HE, IN order
10 ward off invasion or to crush intestine tumults -
But they will never give their leave TO the Prussan M
tary discipline or devote their valor to promote the
views of ambition, 10 Cypress their country anu
posterity with standing army. They VIII never
be the companions of the refuse OF mankind, taken
from gaols and brothcls, from Tyburn and Newgate;
they will never spend their best days IN ana vice.
in order to glitter in regimen!als, wear sword, and
lounge in idleness as drones, plted and penncss.-
The best comment upon The recruiting service and ad-
dress the manly feelings of American youth, IS the
| appointment Of Alexander Hamilton 10 command
army after the affair Of Grim con. Its prelude 10
our Presidents advice to the young men of Philadel-
pha, TO study virtue and SCIENCE is an instance of
human fallbility and inconsistency. Are wc young
officers and soldiers to learn virtue Of General Han-
ton; or like their General, they to be found IN Inc
bed Of adultery This is serious consideration Tor
statesmen, fer the army, for fathers, brothers, hus
bands, ami Sons. Officers, recruiting services, are
generally successful but soldiers not very Iii Tor
service, unGcr seventeen eighteen years; such may
john Quincy Adams when he is lord protector OF
the United STATES but cannot defend IS III the present
in actual service, especially on tie frontiers, ana
sncrg the female Indians. Officers not always
moral or careful 10 provide for the first of their anours
This must enforce the obi CATION Tor sake OF mo.
.all;y 10 discourage standing armirs III the nation
No Treated with less respect and difference
this time than these who paradng IN regiment
ais and recruiting in our country towns and cities
The people consider them useless and burdensoine,
as idle and dssipated and they too noble 10 for
sake honorable industry to feed uron the vItals oi
their country TO extend court influence, or TO be al
iurcd and bribed into silence. When they are not
preferred in promotions neglected military men gene.
rally become foes 10 that which neglects to en-
poy them, and the number who are now So
Letting if they become un!ricndly TO our Executive,
will give an =!mos ota change 10 the next election,
unless commissions ann pay are bestowed on them
The people see and feel this in every part Of the
try. Our war advocates are, therefore, anxious Tor
hostcs The war and election being over, these
officers and soldiers will be sold and sacrificed some
ioorn hope for or folly III not i'umcdatey petition
ing for stop 10 the further progress III raising stand
ing army Gen Hamilton married to tic daugh-
ter Of General Schuyler Of New York, sister of Mrs.
Church. Mrs. Church, then called Carter, was CO.
contractor in the late army, with Col. Wordsworth
both of whom made great fortunes by the war; and the
son of Mrs c. is about marry the daughter Of Mr.
Bingham Of Philade phia the Federal Senator. Thus
are our advocates for connected and allied to-
sether Are sons To fight battles that certain
class of may reap the SPOIL or enlarge their power
and fortunes upon destruction Such. my fellow
citizens of Connecticut part OF The facts which
it is the duty of every to present for your con-
sideraton, before you permit your sons TO enter INTO
wars, which may destroy both you and them. Scarce
" removed from the distresses of one war-burdened
with uxcs-paying heavy charges to support your ex-
ecutve legislative, judicial and ecclesiastical SYSTEM
you are to be upon your guard. Your prisons
crowdcd-lawyers are severe and the clergy exact
Information excluded from you by ietered presses
aud you cannot be too steadiaSt in defence Of your Co.
ycrnment and Constitution which earned with
blood and secured by wisdom. Who TO fight these
battles The exempts in our list, whose occupations
in clerical and civil capacities them from serv
ces or those who, by rancor have excited war on the
part Of the French Republic against the U. States?
Some want that the public may be diverted from
our examination into their proceedings Others 10
make fortunes upon the public spols
The court deemed the publication above recited IL
beous and under the second section OF the act COM
monty called the sedition law, passed the 18th Jul y,
l79s, which section is rs follows, to wit
sind be IL further cnactcd That il any person shall
write print utter publish, shall procure
to be written, printed, uttered published, or shall
knowingly and wully assist or aid in writing, print
ing, utterng publishing any false scandalous and
malicious writing writings against the Government
or the United States either House of the Congress
Of the United States Of the President of the United
Staes with intent 10 defamc the said Government, or
either House Of the said Con9re the PRESIDENT or
10 bring them either Of them into contempt or dis
respect excite against them, either or any OF
them the hatred of the good people OF the United States
&C., then such person being thereof convicted, before
any court Of the United States having jurisdiction
thereof shall be punished by fine not exceeding two
thousand dollars, and BY Imprisonment not exceeding
two years.
and sentenced by the court martial to be imprisoned for
three months 10 pay fine OF two hundred dollars and
the cost of the prosecution taxed at twenty dol
lars and to stand committed until the fine and cost were
pad which paid appears by the exenPlitcation
of the record OF the SAID trial ana proceedings no" vi
file in this House.
The committee are Of opinion that the above re-
cited was unconstitutional, null and void, passed under
mistaken exercise OF undelegated power; and that the
mistake ought to be corrected by returning the me SO
attained with interest thereon, to said petitioner lhe
committee do not deem necessary to discuss at length
the character of that law, to assign all The reasons
however demonstratIve, that nave induced The conVc
ton of its unconsiitutionaly No question connected
with the liberty ofthe press excited more universal
and intense pterestever received SO acute aoe, long
continued and elaborate investIgaon-was ever more
generally understood conclusively settled by the
concurring opinions of all parties after the heated po-
itrcal contest had passed away All that remains now
to be done by the representatives of the people VINO
condemned this act of their agents unauthorized ana
transcendina their grant of power, to place beyond
question, doubt or cav that mandate of the Cons''tu
ton prohibiting Congress from abrdging the liberty o,
The press. and 10 discharge honest just moral, ana
honorable obligation, to refund from the Treasury Tue
nc thus Illegally and wrongfuly obtained from one OF
their citizens for which purpose the committee here
with report bill.
Saturday, February 10, le4l.
Mr. pICKENS. from the Committee on Foreign AZ
fairs made the following report which was ordered to
The Committee on Foreign Affairs, 10 whom was re-
frred the Message the President, transmitting cor
IT, ral, N