The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-05-07

Shakespeare. They are both men. syrens and
before an unlucky admirsr 10 aware Of it, he 10
led in triumph, worshiPping Prosely,e at their
heels.
As a private gentleman, Mr.. Calhonn's charac- /
ter is unimpeachabls; calamny has not dared to
breathe upon tho misror Of his fame. When
freed from his Senatorial duties. his time is mostly
spent In Improving his estate, which is reported
to be one OF the finest in the South-one Of the
most productive as plauiation--ihe must taste
full and elegant az a gsnsleman's residence.
DIR. HOLLICK AND HIS PROSECUTION.
At the time DR.. Holck was arrested and
brought before the Court, to answer to a ct true
bill' found by Grand Jury on the presentment
OF nobody knows who, which proceeding being
the first idea the defendant had of his having
committed an offence against the lave, we spoke
on the subject. We condemned those proceed-
ngs as unjust and against the Constitution of our
State. and in violation of both Law and Justice.
The trial Of DR.. Hollick proved all we said was
right. for although true bill" had been found
by Grand Jury, yet the very same suidcnce he
fore Jury, with the Dr.'s lawyers 10 examine
the testimony, did not raise a cause of action,
did not show he had committed any offence vet
the true bill said he had. Now it is plain from
this statement, that a citizen can be most I'M
righteously and unjustly and illegally arrested
after true bill has been found, and We, have
committed no crime. But our object now is TO
review the proceedings of the Court in DR.. Hol-
lick's case on Saturday last, when, having been
declared not guilty by jury, he was arrested by
the Court on the oath of the gentleman prosecu-
ting for the Commonwealth. charged with pub
fishing book which was of immoral tendencies.
He entered bail, for what2 For a hearing o.
Because if there was then evidence enough to
decide the case upon, why was it the case ad-
journed for week2 We find the reason AT the
hearing on Saturday. The Judge took the book,
which was the subject matter Of the alledged Of
fence, and read it--took it home and read it, and
then pronounces judgment on tho author.
The gentleman who is to prosecute a citizen
for an offence, one whose position should require
him to be impartial, uninfiusnced for or against
an accused, is himself tha accuser, and the Judge
before whom the accused 10 to be heard is The
,oitncss against him. Well, really, this is a re-
markable state of ,hngs-the Commonwealth
representative IS the accuser, and the judge.
whose duty 1t is to see justice prevail, to decide
the law with even-handed justice between the
Commonwealth and the prison, is the witness.-
Well. of course, the Doctor was held for a trial
by ajury. The gentleman who prosecuies for
the Commonwealth and the Court being on one
side, both, in some degree, interested in the con-
v,ction by the jury. Interested so far as this,
that they will be glad, no doubt, to find that a
jury will decide in favor of their particular
uie1s Of the case. We have, indeed. fallen on
evil times, when such things can be done with
IMMUNITY No wonder people distrust the
Court--no wonder we hear of constant murmurs
against the proceedings of the Court-no wonder
efforts are made to reform the Court, when such
things as these are performed in open violation of
the spirit and letter of the laws, and constitution
OF our State, and the intention of the institution
of Courts of Justice.
AS for DR.. Hollick, his book or his lectures. we
care nothing for either or all of them. Ii he has
violated our laws. we would be the first to see
him Punished-but we would be- satisfied with
nothing short of the legal constitutional and usual
mode of effecting the object. Let those who
wish TO see him punished, 60 before an Alder
man, give their testimony, let a Grand jury find
bill on that evidence, then let the Attorney
General prosecute him in the manner and in the
spirit the law intended ; prosecution to be- con-
Quoted. Let the Judge know the case from the
witnesses on the stand, and uninfluenced by any,
thing but legal testimonies charge the Jury in The
law, leaving TO them the facts. If the Jury find
verdict against the law, then the law can take
such measures to protect the prisone rs the law
provides.
But if DR.. Hollick can be prosecuted as he ba,
been prosecuted, so can any body else and in
process of time, the Court will become The perse
cutor of any one who may incur their dispIeasnre,
or do anything which the Court may think. after
examining it, requires punishment This sub
jec lie one public interest, and as such we have
endeavored TO understand its merits, and express
our opinions thereon
1t will be seen, by reference to our advertising
columns, that mestDg of the Doctors friends
will be held at the Museum Lecture Room this
evening.
From the Boston Post.