Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-13
No. II2.-VOLUME XXXVH.

partial justice. In the next place the punishment by
flne and Imprisonment may be almost unlimited and
wlckediy oppressive, when inflicted ii often under
the irritation OF wounded vanity, or the stings of sup
posed insult
Who can read, without horror and detestation cur
ding his blood the cruel and excessive punishment OF
cropped ears-long mprisonment-heavy fines the
base and Punishment formerly inflicted for hbels and
contempts' BIT eren in eontempS the accused heard
Not it is true, before jury which should be the case
generally, but he is still notified and heard-wnesses
are examined for and against Interpretations filed
Why not thcn at least, do much in the present case:
When an EDITOR in lS27 accused Of violence com
mted within the walls of this building on messen-
ger Of the President of the United States did we at
tempt to try HIM without specific notice. and full hear
! ing.
So shocked were Congress, after impartial inquiry
at the latitude and wide constructive mowers assumed
by and legislative bodies on this subec, Of con-
tempt, that they hesated to punish even though the
offence perpetraed within the Capitol but no, IN
their presence And after the trial Of Judge Peck who
was npeschrd here for oppressive conduct in the pu-
nIshment OF Lawess for supposed contempt though
even Lawiess was notified and heard by the indie an
act oil congress was immediately passed which took
away the power from courts punish for such offence
unless committed in their actual presence or in the ac
tual obstruction OF legal process.
i 1t provided, expressly. tsce act March 20 I-3lA
"that the power of the several courts of IN. : i,
issue attachment and ntilc summary punishments for
conempts OF court, shall be construed To extend 10
any case except the msbehavor OF any person or per-
sons IN t presence of the said courts or So near
10 obstruct the administration Of Justice tho mis-
behavior OF any of the officers of said courts in their
Official transactions, and the dsobedicnce or resistance
by any officer OF the said courts" &C. ito any lawful
4 writ" &c.
Shall We 90 beyond the limits deliberately imposed
on courts by ourselves and punish rs contemp,s or
qual contenpts, acts not done in the presence Of this
body, upon officers nor obsruc,,ng any Of our
proceedings. and do IT. too without notice trial Of
any kind: Shall we punish for supposed lbels publish
ed mile distant and in the usual pursuit of ones bu.
siness and profession as an Editor;
Let us see 1t there be any aggrayaton in this case,
Or, rather, not much excavation We elected 10 be
Public Printers for this body, the editors OF public
press. Both political parties have done this repeatedly
before in both Houses Was il ever expected that
those elected tereupon to cease to be editors
Suppose they have the zeal Of partzans, courage
thusiasm DO dislike or censure those quail.
ties in Others if exerted in own behalf or in our
own cause: SO we elected them when known sedltors
OF purity press. Did we require expect that they
TO 10 be party editors; Could We with de-
cency insist that ourselves, in consequence our
votes to them had Indirectly bribed them and were not
to be afterwards criticised freely as others III So
then, repeat 1T we insist what utterly dcstruct-
i've to all liberty of the press Should we undertake.
BY douccurs or iavors, TO se seduce the press
disgrace il and ourselves What is an editor good
for who will not, after elected, well as before de.
nounce what he deems regeneration; expose what he
believes 10 be corrupt coalitions strip off the mask
from what he regards political hypocrisy; shew up
the inconsistencies between the professions and prac-
tees OF those IN power, and much the brazcn-
faced differences doctrine before and after an cleo
tom What is old English liberty wortl-that has de-
scended to from sturdy unlicensed print
ing--frst contended for By Milton himsef-cannot be
any longer tolerated here, Let US have no imprina-
,ur before publication-no previous license be OBJ
taned-no censors, with power to exclude veto
what is dsagreeable TO weak nerves or bilious tenn
peraments. No: Punish wrong, if you please, when
committed in this, in other cases, and the usual
manner bat away with bills Of atlander, with scdition
laws, patronage and dismssas, that calculated
silence terrfy, and which, if used would make
us, few years, nation either Of mere courers or
slaves | admire the spirit Of Collier century ago,
as described in the book just before 1t says: ale
was under the frown Of power. His name already
mark for the lnvecves of one-haf Of the writers of
the age" What did he do under such fearful odds
-Succumb and play the spaniel No "ln the cause
Of good taste, good sense, and good morals, he care
battle to H. other haif;' and he trumphed, even
over such Dryden and Congreve as well
as all the myrmidons of poScr Najori,lcs
had no fears for him and | should entertain very
different opinion Of the editorial corps this country
if | could believe, Tor moment, that the tr0irn If
porcr could drive the Of them from their
high dnties On the other hand, much charity due
to them for errors, when happening. They obliged
TO take opinions and facts often al second hand They
are often msed in their views by others, who know
better than they do, and interested to mislead them
.
other people, and sometimes look with jaundlced eyes
They must, also, OF necessity in writing much write
at times careessy, hastily gnoanily, and hence
neously. Some are Of exctabe temperaments. Are
we to throw the first stone at such Among Them too
all profess ons, that are vcnal, with 4
few hacks and hirengs without requisite training,
honor, morals and who, with prostituted pens,
would stab by an inuendo, murder character for
bread. But many OF them know to be the reverse Of
all this, gentlemen in manners ripe scholars, with
al ,pta nd
ing justice and candor even to political enemies As
conductors of newspapers, they occupy most import
ant citadel in defence Of public liberty. They may Of
ten prove lis palladium. Meaning well, and doing
we'll i'm the MAN, they seldom guilty OF that press
malice, which constitutes the Of crime in dca-
nation doubt whether half as many real bes occur
MS is usually supposed. But are inevitable. In
the well-regulaed Commonwealth Of Massachusetts,
twenty years ago, the law Offices of the State
required to examine the files of few of the Bos
ton papers of both political parties during months
and report their opinion Of the number o. llbels
contained in them. lfmy memory be not treacheroas,
the result was some twenty 10 fifty in each paper Yet,
perhaps, these, fair and full hearing Of all the par
ties, might have dwndled down one half and the most
of the others have been of lbels only from i'm
piled malice, and from overwcenng confidence placed
in the statements or opinions OF indscrcct, though
powerful advisers. But RIGHTEOUSNESS repeat
Il, is inevitable. There WILL at times, be overactIon
on both political sides, acknowledgements. We
might nationally expect to have the wonders Of
steam without any explosions free press and no
lbels to have fire for warmth aud the arts without
any contlagrations; storms and tempests TO pro-
mote vegetation and health without any wrecks or IN
undations.
While the Senate shall continue 10 elect the editors
of party papers either side Printers, they might
as well expect to the play Of Hamlet performed
without the character of Hamlet, all is
bers escape criticism and censnre BY their Printers
But wrong done, their peril under the laws, and
only under them, and in the usual forms only, let
II
from office WHO are favorable to the minority, will only
change the objects of attack by those who will then be-
come the Public Printers Attacks will then be made
by the new Printers the minority. But still even
the majority cannot escape from them from other quar-
ers 1t is deuson, either to expect it, or in any way
10 discourage prevent free discussion, or as i'm
pu,e bad motives to do acts which likely pos
sess that tendency.
But the gentleman from North Carolina (hIr Man
gum,) assigns still different for removing the
present Printers II is want Of persOnaL confdsncn