The national intelligencer and Washington advertiser. [volume], October 26, 1801, Image 1

About The national intelligencer and Washington advertiser. [volume] (Washington City [D.C.]) 1800-1810

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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<■.