The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-01-22

them as bringing into active employment, VI
not producing, vile race of parasites and
sycophants, Titus 0ateses. Bedows, &c..
thronging the gates of Office and patronage,
in the character Of spies and informers, rea-
dy to discover Meal-lub plots and Rye house
plots of the most direful import. and to ac-
cuse any man. whom it might be desirable
to hunt down and destroy. You propose BY
the first section Of this ordinance. to create
nine indictable offences, every one Of which
| is described in manner so loose and unde-
fined. as to hold out the greatest temptations
to malignant accusers, and to produce neigh
borhood strifes without end. shall not
detain the Convention by a recital OF them.
Their counterpart may be found in the mis-
PRISONS against the Kings person and 60
yernment, which Blackstone says may be
" by speaking or writing against them, ours
ing or wishing him ill, giving out scanda-
lous stories concerning him, or doing any
thing that may tend 10 lessen him in the es-
TEEN of his subjects, may weaken his gov
eminent or may raise jealousies between
him and his people," Under this it has
been at different times held indictable, to
say Of the King that he had cold, at time
II
6eld-also to say Of him falsely, that he la
bored under mental arrangement or to
drink to the pious memory Of traitor, or
for a clergyman to absolve persons at the
gallows who there persist in the treasons for
which they die, SC. Black. Com. l23.
Sir, the whole doctrine is unsuited to our
free institutions. 1t is founded on the sup
position. that force, compulsion, is the only
means Of upholding government, even to
excite love for it-and that public opinion is
nothing, and must be subordinated by il.
We have sufficient law now to afford all the
security needed, if, as no one doubts, pub
lie sentiment is with US. and will enable US
TO enforce it-and if it is not, no new stat
utory enactment will be enforced. The COM
mon law of riot, rout, unlawful assembly,
and conspiracy, enable you TO take hold Of
any parties whose guilt may be dangerous /;
and the doctrine of sedltious libel is the
same now that il was in 1902 when Harry
Crosswell was convicted Of libel on Presi-
dent JefTerson-except that the truth Of the
! matter published is a defence. Over and
above this, every section Of the State is ac-
cessible on brief notice by Railroad, and
] the military power may be exerted with et-
feet on the first appearance of insurrec-
ton.
But, Sir, the whole scope Of this ordi-
! nance is TO give proper defence and protec-
{ ton to the Confederate States. There are
r few explosives thrown in, in which the
State is mentioned, but they seem only de-
| signed to fill out sentence, and give round
i ness to period. Now what business is il
: of ours to pass a law TO punish sedition a
5 gainst the Confederate States any more than
punish the robbery of its treasury or post
! Office, or to punish piracy against its ships
on the sea !: IL there is TO be such a crime
q as sedition against that government, ought
] it mott to be general crime. punishable IN
Virginia, Tennessee, Kentucky and other
/. Ststess And has not that government q
: Congress now in session for the third OF
: fourth time Is il supposed that we are
5 wiser than they and are TO usurp their func.
: tions: Ii that Congress has the same pro.
: penslty to copy that prevails here, they need
5 only turn TO the administration of the elder
: Adams, and re-enact the sedition law O
: that day, referred to by the gentleman iron
h Richmond, (Mr. Leak II is very vel
drawn statute, much better than this ordl.
: nance. say this without disrespect To th,
!. committee, for they only profess to cop,
: from the act Of TIT. The gentleman from
i Richmond made slight error in supposin!
e This was the same with the sedition law o
1 1898. II is infinitely worse. Judge Chase
e had decided and correctly too, that Their,
t was no law 81 the United States excep
3 what was enacted BY statute, and therefore
|. that there was no law Of libel to protect il
E officers from the President downward agains
y any defamation whatever. That act wa
! consequently passed to punish BY lndictnen
3 IibelIous publications against them. which
i would be indlctable IL made against othe
b persons By the common law-allowlng, how
b ever, the truth to be given in evidence as |
!. defence. Yet. so distasteful was It 70 th,
i public mind, and 50 odious did il render IL
: authors, that after the lapse Of half a centu
!. ry, when all other party issues OF that tim,
d are forgotten. il still remains in public re
collection. But as restriction on liberty
. the liberty Of the press and Of speech, il wa
!, IS nothing compared with this act. whicl
d has been exhumed from the oblivion in whicI