The record-union., 1896-06-01

ing to part with my share of it when
ever our legislators shall please to alter
the law, and shall cheerfully consent to
exchange my liberty of abusing others
for the privilege of not being abused
myself.
BY WHOM THIS COURT IS COM
MISSIONED OR CONSTITUTED.
1t is not by any commission from the
Supreme Executive Council, who might
previously judge Of the abilities, in
tegrity, knowledge, ETC., of the persons
to be appointed to this great trust of
deciding upon the characters and good
fame of the citizens, for this court is
above that council, and may accuse,
judge and condemn it at pleasure. Nor
is it hereditary, as is the court of der
nier resort in the peerage of England.
But any man who can procure pen, ink
and paper, with a press, few types and
a large pair Of backing balls, may COM
misionate himself, and his court is i'm
mediately established in the plenary
possession and exercise Of it's rights; for
| if you make the least complaint of the
! Judges conduct he daubs his backing
| balls in your face whenever he meets
you, and, besides tearing your private
| character to splinters, marks you out
for the odium of the public as an enemy
! to the liberty of the press.
OF THE NATURAL SUPPORT OF
THIS COURT.
Its support is founded in the deprav-
! ity of such minds as have not been
mended by religion nor improved by
good education.
There is lust in man no charm can tame,
| OF loudly publishing his neighbor's shame.
Hence,
On eagles wings immortal scandals fly,
| While virtuous actions are but born ana
die.-Dryden.
Whoever feels pain in hearing good
character of his neighbor will feel
pleasure in the reverse. And of those,
who, despairing to rise to distinction
by their virtues, are happy If others can
be depressed to a level with themselves,
there are a number sufficient in every
great town to maintain one Of those
courts by subscription. A shrewd OBJ
server once said that in walking the
streets Of slippery morning one might
see where the good-natured people lived
by the ashes thrown on the ice before
the doors Probably he would have
formed a different conjecture Of the
temper of those whom he might find en-
gagged in such subscriptions.
OF THE CHECKS PROPER TO BE
ESTABLISHED AGAINST THE
ABUSES OF POWER IN THOSE
COURTS.
Hitherto there are none. But since
so much has been written and published
on the Federal Constitution, and the
necessity of checks in all parts of good
government has been SO clearly and
learnedly explained, 1 find myself so far
enlightened as to suspect some check
may be proper in this part, also: but I
have been at loss to imagine any that
may not be construed an infringement
of the sacred liberty OF the press. At
| length, however, l think I have found
one that, instead of diminishing general
| liberty, shall augment it; which is by
restoring to the people a species Of lib
erty of which they have beeen deprived
by our laws-I mean the liberty Of the
cudgel. In the rude state of society
prior to the existence Of laws, If one
man gave another i'll language the af-
fronted person might return 1t by box
on the ear; and, if repeated, by a good
drubbing; and this without offending
against any law; but now the right of
making sch returns is denied, and they
are punished as breaches Of the peace,
while the right of abusing seems to re-
main in full force, the laws made
against it being rendered Intellectual by
| the liberty Of the press.
My proposal, then, is to leave the
! liberty Of the press untouched, to be
exercised in its full extent, force and
vigor, but to permit the liberty of the
cudgel to go with it pari passu. Thus
my fellow citizens, Il an imprudent
writer attacks your reputation
! dearer, perhaps, to you than your life
and puts his name to the charge, you
may go to him as openly and break his
head. If he conceals himself behind
the printer, and you can, neverthe-
less, discover who he is, you may, in
like manner, waylay him in the night
attack him behind, and give him a
good drubbing. If your adversary
hires better writers than himself tc
abuse you more effectually, you may
hire as many porters, stronger thar
yourself, to assist you in giving him a
more effectual drubbing
Thus far goes my project as to pri-
vate resentment and retribution. But
if the public should ever happen to be
| afronted. as it ought to be, with the
( conduct of such writers, I would not
advise proceeding Immediately to these
/ extremities, but that we should in mod.
Grafton content ourselves with tarrine
and feathering and tossing in a blanket
If, however. it should be thought thai
this proposal of mine may disturb the
public peace, 1 would then humbly re.
commend to our legislators to take III
the consideration Of both liberties
that Of the press and that Of the cudgel
and by an explicit law mark their extent
and limits. And at the same time thai
they secure the person Of citizen from
assaults. they would likewise provide
for the security of his reputation
Mothers