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2he National Intelligencer, WASHINGTON ADVERTISER. V/. WASHINGTON CP'Y, PRINTED BY SAMUEL HARRISON SMITH, NEW-JERSEY AVENUE, NEAR IHE OaPiTO.. / .V. r.'i'K J)of.i.s. pan aw. REMARKS on LIBELS, Occasioned by the late presentment by a Crancl Jury, of the Editor of the Na ttonal Intelligencer for an alleged Libe fgainst the judiciary. The prefent cafe is a plain one, whit 1. "fan onlv be truly decided by th fe great and original principles, which our govern ments have been the 11 rfl to eftablifh, and which, it is to be hoped, they may be the 1 -ft to abandon. It is not to be decided by a ecirrence to the precedents of com mon 1 iW, but by the conilituuon and laws •f our own country. If the publication whereon the prefent jVicjjt was founded, be a libel, it mult be either under the conUitiition of the United States, or the laws of C mgrefs ; or under t!v conlUtution of Maryland, or the laws *vf its leg'(l nure. The 'confutation of the United States fays— " C-->ngrefs fhall make no law abridging 'the f dom of fpee< h, or of the pre Is." The coriftitution of Maryland fays—- " '!'h it the liberty of the prefs ought to be inviohblv preferved." Thus it appears that the conftbution of M ffyl.md declares, " that the liberty - t the prefs ought to be inviolably preferved a 1. the coiillitljtion of the U 'lited States declares, that u C mgrefs Hi ill nuke no law abridging the freedom of fpeech or of th<- prefs." The lib- rty of the prefs, then, may (id'-'red as f&cr? 1. Let us enquire in what this liberty con f fo far as the enquiry relates to the prefent cafe. It is altogether foreign to our pur'pof tri define the limits of the prefs with r<-fpeft t i pemoTtdl or pr'va 'e charafter. Ihe ani tnadverlions charged as libellous do nt 'apply to private, but to public charac ter. It is the officer, and not the man, th'-y atfeft. It s the difcharge' of of ficial duly to which they e&Hijlivt ly a ply. T> whatever decree, or whether in any decree, the prefs has a moral right t ■ i<- v-• fti at - private charafter, it is unnecc' fa y here to e'riquire ; for even the private chn after of the judges, fo far as it might e'urdat their >üblic duty, is not directly o iudii eftlv touched. Tie true enquiry is, how far we may fn Tik or nubhlh, or ennfe to be Ipoken oi publfhed. ow* opinions of ti:e public mea fu es of public men. I reply, that to this right, abdraftlv viewed, there is no limit Laws mav and do punilh the manner in which we exprtfs our opinions. Thus they tHfli'ft a jinni'hment for obfeene or blal phemous language ; but the punifhinent irflifted i« not for "the ideas conveyed, but for the corrupt and vicious terms id which they are conveyed. Thus, if a writer in the National Intelligencer, or in any Other print, fhould Spplaud as wife and virtuous the ptiblic and private deportment ol all the judge® in the univerfe, and (hould vet exnrefs this approbation in terms vulgar and obfeene, he mioht called before the bar of juAire to anfwer for a violation of the law's of his country, and he might be punifhed—- Rut the puniflirrient would not be for the eulog'um, but for the words it. Which it w?s couched. It will be remarked, that this right for which I contend, as no Other wife limited th m as I have dated, relates to the free exnreffton of" opinions on the mealures oi public urn. I fay of opinions ; for it rhui be again noticed that the preient enquiry peed not ext nd fo far as to determine how far fafts relating to public meafures, whe ther true or falfe, may with impuriity be ptiblifhed. I will not fay that our lan (Cannot, or even that they at prefent do not jiiiiVvlh publications which wilfully falli'y the proceedings of public men, which u i- BlhTiinglv aiT'rt that to be fact which is riot fart, and deny that to be bift which is f (>. F>r inflance, if the Edit r of a newfpat/er Tert that for a particular ex: - 1 cutive f b - Chief M • /'flrat • there exifts no la* that warrants or direfts it; if fuch ""if i" is informed tint for' aI w does ex'd*, and its very terms, as clear a lay light, are laid before hinr; and if, not ( with'ftanding, he perfevere in concealing the truth, if he dill denies the exigence of the law, and charges the Prelident with iifurping power ; I will not fay whether, under fuch circumlFances, our laws may .it or do not punifh the calumniator— Yet, alrnoft every day's occurrence brings : to our ears fome fuch calumny again 11 the .Chief M igiflrate, without, however, our | hearing at the fame time that the writer or . the printer is charged with a libel by him, | tboQgh the cafe be fo much flronger than the prefent one. I will not attempt to ai i lign a reafoli for this, which might perhapr be erroneous ; but I will not fupprefs what, .in my opinion, is the truth; the Cihi > - Magiflrate is above the influence of li els . 1 they pals by him, as the Sirocco of Italv i palfes by the, Alps. 5 But this enquiry need ifot be further pr - cuted. The matter, charged as libellous, 'tates no Lifts ; it only infers opinions from faft: ; . Whatever then thefe opinions may be, if they are couched in terms neither inde cent or blafphemous, it vvas the right of the writer in the National Intelligencer, t n ike them, and of the printer to publifh f them. f As this right has been, and maybe ft.ll ' urther, dif.mted, I wdl Rate concifely th s ; bunds on which it refts. A republican government is,one in, which tie. flip eme end of the ruler (hould be th good of the people. From the people h' received all the power he pouellt s, and p.' very moment of his exigence he is fub . i ■ t, in one way or other, to a deorivati .of this power by the people. Whethe hi- political eonduft be virtuous and en lightened, or vicious an i weak, as far a: t elates to hisc •ntinuttnee in orHre, the pec •1 are the ultimate judges. FrequoulyJ t i.id at ftated periods, the people are call ol . >pon to judge ; Mid their judgment is ex-| , r< ifed, either direftly in the choice ■ f ■ »eir immediate reprefcotalives, or indireft iy tfirout'h them, by impeachment, and t he pa'fTage of laws, which affeft xecu !ve or judiciary magidrates.— In order tol render this right of the p. opl , in its exer ; rife, a blelling inftead of a curfc, they mull t >e informed of what their rulers do, what hey ought to do, and the general ground.-: : i which they aft or decline afting. Ali / tins information is etFiiitial to the forming i a correft judgment on the inert or demerit if public agents, and whether they ar worthy of further confidence, or ought tc ,- be deprived of that which they pofiefs. This information ca > only be obtained in i two ways ; by speaking, or publishing ; freely our fentiments; for no one will qu f - tion the inability of the great mafs of the t icople of any nation to be enlightened with : ut one or other, or b,;th of thefe means. . In our counti y we believe both to be ne i reflary, and particularly the liberty of tin - rirefs. Ti.ere is not a republican citize; among u-< who does not conlider the liberty I of the prefs as the palladium of his rights. How is this liberty exercifed, or how can • it be exercifed, otherwife than in approv • i.igwhat is right in the mealures of public men, or in cen|a;ing what.is wrong ? Puo ■ iic meafures may be merely flatea, butdil t innefted with the motives which dictated , them, and the efTefts they are calculated to iroduce, the ftatements are mere capita • liortna, which impart no ability to judge. ! where the abil.ty ex.fled not previously. Now, itfeems, (I know not why acCord iig to the tenets of thole who r coinmen t) that public meafi)res, whether good o. oid, may be iiidifcriminately approved. ith ut fiiojefting iiim who approves then ; i punillunent. If a government, or an; • virt of a government, fhall invade th. a hts of the peopl., opprefs them witu : >ea y tax s, violate the conftitution, pio ■ '. rjbe its particular enem.es, and even ae . wive the.li of their properties and lives, lh >y Have, tremblr g with fear, or anima ; ted by the profpeft of reward, maybe 1 uc in its praife. The nation may curie, bu . H ir government w il, p-oteft him. Let i •ot be fuopofed that I a .ply thefe remark to the govevninent of the Uo ied Statr ' a;>nly them only to'th feu who fuj >ort fuch illegitimate principle*. MONDAY, OCIOiJER 26, 1801. However unworthy, fuch fervile adula tion may be, and however dei'pic ible in our eyes he may be who praftifes it, and fur ther however incontinent in principle thof men are who would fcreen fuch a wretch from punilhment, while they would con lign to puni'hment the individual who virtuoully reproved the vices or errors ol government ; ftiil, it is not my ambition to rank myfelf among thofe who would forci bly drag him before the bar of jultice. 1 would rather fay, let him follow his own collide. Sutler the Prefs to remain free, and his errors will be impotent when com bated by truth. This brings n e to the fecond point viz. the right ot the Prefs to censure what is deemed wrong. This cenfurc is itfelf either juil o r unjuft. 1 do not fuppofe on this occalion any out will be found to fay, (though on other oc < ations fuch have been found) that if ju.: ■ t is not the right of the prefs to expreis it. 1 fn <11 therefore pafs oyer this braj.ch » v t ihe right as yndilputed, and examine the >tlnr, wz. the right of the prefii to exprrk uhjuft cenfure. There is certainly, in the meafures of ali governments a right and a wrong. But iowever true this remark may be. abftraft ly confidered, when we come to decide in every particular cafe, what is right, ami what i 3 wrong, how widely do we diner to we, in truth, even agree ? For inftanc*. oes any b-dy.of men individually be lieve all the meafures of the general jr of the flate government to be as wife is they might have been ? If they do not jt is clear that th y, and thof* who enac t'd thofe meafu es, think differently ; for they as legiflators were morally bound t !o what tlvy conGderei to. be for the bed, md of confequence tlje wife". Ag;h n.. Ins every man precilVly the fame opinion of thr degree of wifdom of ach meature { Or. thecontt ry, were each individual to ' enquire into all that has been done by r the two governments, would not one in in con tidir that right which nothfr deems wrongi, and would not every one find i.imfelf hold i. g different opinions of the degree in vhich certain aits wrre good or hid ? Surely he would ; and this t nniliar inllance n 1 convince us, that we may entertain offevent, even oppolite opinions of the fame men and the fame meafures ; and that we may notwithhanding, be equallyup r;vht. Do not our very elections, fo often repeated, eflabhlh this truth beyond doubt, vhere at lead very year nearly as many , votes are given for one man. as for anoth r, md where the public fafety is emphatic diy declared, and tiocerely believed by many, to depend upon .the preference of one can didate to the other. This inftance is fuf sn ient, did not a thoilfand others prefent : heiofelves, to demonflrate the abfurdity of c srcing,a. uniform belief. All nature is at var with fuch an attempt; nor can it exift where flavery has not extirpated every germ of mind ? If then all of us differ in our political, as well as other opinions, who (hall be the ar biter of right and wrong? Thofe in \powet may fay we will be the judges ; but the people wdl not hefitate to reply, ik having given you no. fuch power you do not potV. I it ; for f you did puff fs it you would he, i »to«r reprtfentatives, but our tyrants." The whole of thefe remarks centre in one grand refult: Inasmuch as government.') may err, every citizen has a right to ex pose an error in his oi'iisriQN committed by hem. I fay in his opinion. For he, arc: iot 1 or any other man, has the righto: judging for him. We have the right o ;u .gingfor ourfelves, we. have the right ot ■ ufuring rim, Ave have the right of tx reding that cehfure ; but we hav not be right, nor has the government the right f punching him. Of exiftence of this right all the ar hieves of our councils, the uninterruptvi. tream of public opinion, furnith proof . 'From its vigorous afTertion fprang bur t.ional independence, the change in on litical fyftems from mona.rchic ti repub can, the eftablifhment of pur federal con litutiop, under wbofe b -nign 8c energetic oroteftion we liv> a"d profpe . and .'ll th itional glory with which thefe lglendk afts have encoinpaff-d us. All thefe mea sures, without which we might now, ;ind probably would be involved in external and intern il \\.r, groaniup under flav ty, nd opprefl'idby taxes, Iprang from the • ight of the citizen b Idly to expirefs his 0 anions o public men and public nu-.<w» ' tires, however rhev difF red, as indeed hey •dluully did diffr, from thofe embraced at the time by the government. And let me add, that as all our prtfent happint IV i-, tJ.be traced to this fourCc, i'o on it will depend all our future prolpe'ri ty- rhis is the liberty of the prefs for which 1 contend. This is the liberty of the pafs which piildic opinion fhould piotedt. This is the liberty of the « ref:;, for the eftablilh ment of which our loldiers bled and our Itatefmen toiled. (To he concluded in ur next.) PU B L IC SALE. The Houfe and Lot occupndby the fuhfcri'>i£ vir the Navy-Yard, will be. fold at ti• ie*® Hotel ne. r the Capitol, on Mi n lay tne 26th inll at 13 o'clock at noon. (i IS beautiful fitu ;ti;on having been fW 'onic time oelcrihei in this paper, any thing f .r* ther oti tfoefuhjed is deemed unneccffur>, d'pe ci lly as it ib prelumed thole in line to purchalifi will view the tremiles, which may be done ae any time prior to the d y of f..le. The dimenfions of the lot, and the terms will he mad- known at the time and piice of file, w by avplicati m to the fu'ifcrihtr ptevou< thereto. Poffllion 1 y be had at fartheft in thirty days sffer the fa3e. At the '"a-vie time and place a f ma 1 par:ti of houfehold lurniture- THOJii/S TINGE r. Wsfhington OS ia, tßoi. ent£ i'wo hand fame well• fi iilhed tfyree ftory briclt houfe* on Grecnleaf'- Poii t, to rent on moe derate terms. "P O S r-0 F FIC E. W1 shisc. fox Crfr, Ot. 7 'SOI. Th° grrat North well rn MaiJ which ijicJydc the following Poll O'i- 1 wil 1 Se clofed it this office every Valnefday at 8 A. M, and Frid >y at 5 \ M. \.z. Bedford, Pa. Lexington, Kty Bourbon ton, Ky. Manch. r, W. Brook C H. Va. MaylVil e, Kty. Pa. New Lauca >er, N.T. Chambirsbury;. Pa. Pittsburg, Pa. (Jhil'icothe. N. T. Sonurfet Pa. Md. St <■ lairfvil e. N. T. Frankfort. Kfy V rTiillos, K>v. Fredericktown, Md. Wafhington, Pa. Greeneaftli, Pi. YV.lhtig'on Kty. GreeOnburg, Pa "Wheeling, V;r a. Haperftown, Ml. Z nefviile, NP. t M iils for other northweftern poll-offices wiH be mile up as ufml, every Friday at 5 P. M A. mail for Uni p y ' own, Brookville, ' I bbt» • To, Howard'*- Mill, Wr.ght's Mill an I Taney Town Maryland, wiil be clofed at this biricft every i uefday at 5 P. M THOMAS MD A ROE, Postmaster. O&ober 0 For Sale, At the Store lately occupied by Mr. F. M.& nosr </1 IV,.iter street, opposite Messrs* King iSf Dan h rtv's J umber Turd, Cogniac b andy, Holland gin» Wefl-Indii and N. finglati 1 .rum, .Sp .»»ifh 'jraridy, ch*.rry rum, brown, loaf and lump fugii's pun powder, imperial, hy'on hyfonlkm and duel te.is, grten coffae pe.i per, alfpice,, ngtm gsj ground ginger, fiy; blue; indigo, ftarch,, fcrars, mould and <iipt candles in boxe , w its and Inrown foap in ditto log! leather molafl'es, h l> co iiifh, a lew thoafund weight e$ Rhode-Ifland cheefe, mens' coarle Ihoes, apple* in barrels, i quantity of onions, &c. &c Geor 'C-To n ra 1. lawivv \ TIIO MA S C A RP h A' I' £ A' , T AYLOH, llj * just received a handsome assortment of Cloth , Cassimere v, &c. Of &up moR §>UALi>rr. GEN who favor him wi h their or d rs, jway reftaffare. of ilricl rtt' luiu the hell ft moll faf ionable p aN<j and 011 reafo, .able t rnn * # * Miljtary arid Naval Unilorms, and La dies' M.ibits !uade witii elegance. < icy of V ..{h 'ig on between the Prcfi '••it's ' 1011K'. and the • evui iluiidings, Ptnniy'v nrA "venue. October at, 1801. xawirf Pail) v Aw ! <• c<■.