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error in our mode of printing.. We are sensible, that when a question is met with in the reading there is a proper variation to be used in the management of the voice; we have, therefore, a point called an interrogation, affixed to the question, to * distinguish it. But this is absurdly placed at its end, so that the reader does not discover it till he finds that he was wrongly modulating his voice, and is therefore obliged to begin again the sen. tence. To prevent this, the Spanish printers, more sensibly, place an interrogation at the beginning as well as at the end of the question. We have another error of the same kind in printing plays, where something often occurs that is marked as spoken aside. But the word aside is placed at the end of the speech, when it ought to precede it, as a direction to the reader, that he may govern his voice accordingly. The practice of our ladies, in meeting five or six together, to form little busy parties, where each is employed in some useful work, while ono reads to them, is so commendable in itself, that it deserves the attention of authors and printers to make it as pleasing as possible, both to the reader and hearers.
My best wishes attend you, being with sincere esteem,
AN ACCOUNT OF THE HIGHEST COURT OF JUDICA
TURE IN PENNSYLVANIA, VIZ,
THE COURT OF THE PRESS.
Power of this Court. It may receive and promulgate accusations of all kinds, against all persons and characters among the citizens of the state, and against all inferior courts; and may judge, sentence, and condemn to infamy, not oply private in Jividals, but public bodies, &c. with or without inquiry or hearing, at the court's discretion.
TVhose favour, or for whose emolument, this court is
In favour of about one citizen in five hundred, who, by education, or practice in scribbling, has acquired a tolerable style as to grammar and construction, so as to bear printing; or who is possessed of a press and a few types. This five hundredth part of ihe citizens have the liberty of accusing and abus. ing the other four hundred and ninety-nine parts at their pleasure; or they may hire out their pens and press to others for that purpose.
Practice of this Court.
It is not governed by any of the rules of the common courts of law. The accused is allowed no grand jury to judge of the truth of the accusation before it is publicly made; nor is the name of the accuser made known to him, nor has he an opportunity of confronting the witnesses against him, for they are kept in the dark, as in the Spanish court of inquisition. Nor is there any petiy jury of his peers sworn to try the truth of the charges. The proceedings are also sometimes so rapid, that an honest good citizen may find himself suddenly and unexpectedly accused,
and in the same moment judged and condemned, and sentence pronounced against liim that he is a rogue and a villain. Yet if an officer of this court receives the slightest check for misconduct in this his office, he claims immeiliately the rights of a free citizen by the constitution, and demands to know his accuser, to confront the witnesses, and have a fair trial by the jury of his peers.
The foundation of its authority.
It is said to be founded on an article in the state constitution, which establishes the liberty of the press--a liberty which every Pennsylvanian would fight and die for, though few of us, I believe, have distinct ideas of its nature and extent.
It seems, indeed, somewhat like the liberty of the press, that felons have, hy the common law of England, before conviction ; that is, to be either pressed to death or hanged. If by the liberty of the press, we understood merely the liberty of discussing the propriety of public measures and political opinions, let us have as much of it as you please; but if it means the liberty of affronting, calumniating, and defaming one another, I, for iny part, own myself willing to part with my share of it, whenever our legislators shall please to alter the law; and shall cheerfully consent to ex. change my liberty of abusing others, for the privilege of not being abused myself.
By whom this court is commissioned or constituted.
It is not by any commission from the supreme executive council, who might previously judge of the abilities, integrity, knowledge &c. of the persons to he appointed in this great trust, of deciding upon the characters and good faine of the citizens : for this court is above that council, and may accuse: juilge, and condemn it at pleasure. Nor is it hereditary, as is the court of dernier resort in the peerage of England. But any man who can procure pen, ink, and
paper, with a press, a few types, and a huge pair of blacking balls, may commissionate himself, and his court is immediately established in the plenary possession and exercise of its rights ; for if you make the least complaint of the judge's conduct, he daubs his blacking balls in your face whenever he meets yon: 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 depravity of such minds as have not been mended by religion, nor improved by good education.
There is a lust in man no charm can táme,
Of loudly publishing his neighbour's shame.
On eagle's wings immortal scandals fly,
Dryden. Whoever feels pain on hearing a good character of his neighbour, will feel a pleasure in the reverse. And of those who, despairing to rise in distinction by their virtues, are bappy if others can be depressed to a level with themselves, there are a number sufficient in every greut town to maintain one of these courts by subscription, A shrewd observer once said, that in walking the streets of a 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 of whom he might find engaged 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 heen written and published on the federal constitu. tion; and the necessity of checks in all parts of good government, has been so clearly and learnedly explained, I find myself so far enlightened as to suspect some check may be proper in this part also; but I have been at a loss to imagine any that may not be construed an infringement of the sacred liberty of the press. Al length, however, I think I have found one, ihat instead of diminishing general liberty, shall augment it; which is, by restoring to the people a spe. cies of liberty, of which they have been deprived by our laws-I mean the liberty of the cudgel! In the rule state of society, prior to the existence of laws, if one man gave another ill language, the affronted person might return it by a box on the ear; and, if repeated, by a good drubbing; and this without offending against any law: but now the right of making such returns is denied, and they are punished as breaches of the peace, while the right of abusing seems to remain in full force, the laws made against it being rendered ineffectual by the liberty of
My proposal then is, to leave the liberty of the press tintouched, to be exercised in its full extent, force, and vigour, but !o permit the liberty of the cudgel to go with it, parri passu. Thus, my fellowcitizens, if an impudent writer attacks your repu. tation-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 nevertheless 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 to abuse you more effectually, you may hire as many porters, stronger than yourself, to assist you in giving him a more effectual drubbing. Thus far goes my project as to private resentment and retri. bution. But if the public should ever bappen to be