The New York herald., 1844-07-13


at the proper time, always resort TO extreme rigor
TO atone tor their former laxlty; but where plots,
frauds, conspracles, and all sorts OF schemes
| abound, TO further party ends, justice and rlgh,
| must necessarily endure for The moment all The
evils common 10 the abrogallon of the consIltu-
ton, and the stfed ascendency of free principles
The liberty of the Press, is the last abiding place Of
| the rights OF man. Il is the most precious Of all
the blessings OF freedom To assail II, is one OF
inc blackest crimes OF tyrants The expression OF
free opinion, the liberty of speech, Is equally to be
valued. What is the value OF lite without liberty OF
-peechi Both are rights guaranteed BY the Ct nst
tution To the laws and the Constitution then, let
us appeal who are oppressed, wronged, and perse-
cuted The hdbeds corpus ls not yet abolished
There is yet sa ETY. for the people in thar ne~tima
BILE right If we had not full faith in the efficiency
Of our institutions 10 protect every citizen in his
rights, we should not hesitate TO prefer residence
in Russia We are for peace, but for justice too,
| and justice shall be done. Arrest the guilty, no
| matter, whether found clad in the embroidered
robes of Office or In the cory rags OF riot and hom
| eide
CoMMoswEALrH vs.. LAWS c. LEuS.-Yesterday morn
ing C. Levin editor OF this paper, was taken before
m arcss ON se Oh and 10th
July Ovid r. johnson appeared in behalf Of the Com
monwesh David Paul Brown and John Titus, Esqs.,
| GEoRen HorrSER swom--I read the Daily Sun have
| always understood Mr. Levin to be the editor
not for me to say who ia the edor-any may pre-.
sume-but presumption wont do. want the proof The
same kind Of proof Is necessary here as on Jury trial
the DAILY SUN. have always understood Mr. Levin TO
the editor Of the paper This paper holding copy
was issued from the Sun once
Mr. JOHNSON and proceeded for the prosecution
referred to the editorial article published in the paper
Mr. Baowv wished il read-which Mr. JoHrsor did, and
proceeded to comment This article said he charges the
Military with committing an uncalled for wanton and
mnrderous assault upon the people also charges them
h firing upon the COMMITTEES who had char re Of the
church while say that it attack by ierocons
mob the military, who acting under the sanction
OF the Executive. and in support Of the civil authorities.
Mr. Johnson next read from the paper Of the 10th inst the
ry" Now, said he, Sunday morning there was an at
tack made the church and effort made to rescue
person who had been arrested the previous evening
The authorities deemed necessary and were IN the act
taking possession, when they assaed by the mob
and compelled to fire. The military acting under
the civil authority and called out to que rebel.
ion and every who carried gun that day 10
sst them was gnilty OF high treason. Mr.. Leven. in
writing these articles no doubt thought he was perform
with good deal which to say the least ia mistaken
opinion Of right And men are to be permitted to 60
curty for society This proceeding has been instituted
with desire to preserve the public peace and with
disposition to persecute Mr.. Levin
Mr. BRowN and stoted that difficulty started
self in the preliminary stages Of the proceedings He
Mr. Johnson to say in the course OF his remarks
that he had some evidence He has exhibited nothing
hut the publication which csntend is not sufficient
ITSELF because may contain truths from first to last
This will do for respectable be permitted
express his sentiments in the public street. without bs
ing liable t. arrest. What may speak Of the
conduct public officers he may publish This s an at
tempt to etter the press and neither law public
timent will sustain it, II the counsel Tor the Common
wealth can show that the whole proceeding was an out
rage upon the military let them show It, The bass OF
the criminal law H. that there be corruption the
part Of tho individual making the statement The nsu
great ndiscrson, and not only calculated to keep up
| the excitement, but to make another. And no attempt
yet been made to show that he acted from any other
paper his duty to keep the public informed Of pass
ing events and to make such comments the conduct Of
public officers he deem proper Nor is the soldier
entitled by right his nsel TO ride the peopehe il
be held equally amenable to the law Mr. Levin is here
charged with nciting to riot and treason and will
newspaper publication make out the charge Here the
publication, and am prepared to show that every thing
herein stated true But this am not called upon 10 DO
and stand here to ASSERT that can be indicted fol
publishing the truth in newspaper
Mr. JoHssor-Every man has been called upon by the
Executive put riot and boodshed and look
the writings Of the defendant as calculated to defeat that
| object
Recorder vAux-Mr. Levin has been brought here on
the charge Of riot and treason. and will make
short work of My duty s simply to bind for trial
Mr. BRows-Then the question recurs upon the publ
cation itself and will thank my learned friend to refer
ne to the Objectionable passages
Mr. JOHNSON then to select the passages most
firing upon unofending citizens, and made brie
comment upon each.
Mr. Bsowr in reply took up each passage. and showet
that there had been nothing offered to substanate the
charge and contended that the publications. true,
criminal and that it incumbent upon the prose
R.eoSpanI viii hold Mr. Levin to bail in 50 900 ia
the Of the Court the charge OF Incl
ting to riot and treason, and in 81 to keep the peace
J. NJ RusH, Deputy Attorney General, suggested ths
The bail be ST, ,000
REconpEs-Mr Levin could just readily get $50 oot
ass If the bail IL not forthcoming in bali an hour will
commit him. Mr. Levin readily gave The required bail
left the Office amid the congratulations Of his friends
Mr. Kramer, editor Of the Native American. was mex
called up the charge. The Attorney General re-
marked that this not sgg awaited the other
and he thought less bail would be required lie then
he Objectionable articles Mr.. Whitman. counsel for Mr.
Kramer, said in exennation that the articles writ
ten in the absence Of Mr. Kramer and that IN the paper
he ha, his regret at their
| keep the peace in $500.
"Did not Mr.. Wright Ardis, Of the Southwark Com
mttee that waited on the Sheriff on Sunday tell thai
tunctionary that Mr. Levin stated that they could hold
possession Of the church longer than fifteen minutes,
that he (A) by Levins equest urge the Sheriff
take uossesson Of the Church And this tn.
reason why the military sent down r- Forum.
We thank the Forum, for putting this question
and shall reply TO II IN manner, that shall strike
dismay into the hearts OF those, whose hatred may
Sunday morning last, at quarter past IL O'Clock
| Thomas ID. Grover, Esq, called on Mr.. Levin,
and informed him, that the placing OF the Hiber.
alan Greens in st Philips Church, had greatly in.
censed the people, that the excitement was grow.
ing hotter and hotter that the lives Of the Green's
were in imminent peril, and asked Mr.. l.. to &C.
company him, and aid him in aIlayng the excite
ment Mr.. l.. promptly responded to the call, and
on reaching the spot they found two pieces Of Ar
| tlllery. MIR. Grover mounted the one, Mr.. Levin
the other After several appeals had been made to
| the people, and assurance given, that the Hbernia
| Green's would be Withdrawn, we were permit ed
. carry off the cannon from the ground without
molesaton. The conduct Of the people on this
OCCASION, afforded guarantee, that if the true
| cause of the excitement could be removed, that
peace, quiet and order could be Immediately re-
stored. As we walked from the rear of the Church
to the front in Queen street, The cry met our ears
on all sides, "let the Hibernia Greens Withdraw
-"let the Hibernla Greens Withdraw" Mr.. L
walked to the door OF the Church, and inquired Tor
the officer in command, who proved to be the cap.
| tain of the Hibernia Greens Mr.. L. told him Of the
exigency Of the case, and he will h msef acknow
ledge, ,kindyan respectfullya his Withdrawal al
He acccded the proposition, and the people pledged
them safe conduct, and recommended that the