« PreviousContinue »
inclined to hold, that if the petition he founds. Now, has the vagueness had stood on this point alone, the of this petition been in any way remespecification would have been suffi- died by the interlocutor of the Sheriff ? cient, though I am not without doubt This is not a case of two separate in some respects. Well, then, would bills or debts, like that alluded to by not the Sheriff have been justified in my Lord Mackenzie, but the whole sustaining the petition in so far as it case of the respondent is slumped torelates to the letter, and dismissing it gether. (Reads oath.) It is imposas to the rest ? When we say that sible to make any separation here ; the warrant, as granted, is too broad, it is a cumulo statement of the whole must we necessarily hold that it must damages, claimed upon all the various be dismissed altogether ? I should slanders. As to the minute restrictpropose, then, that we remit to the ing the caution to £200, that limits Lord Ordinary to proceed as on those the amount of caution, no doubt ; but separate portions ; and the caution it does not pass from the claim of may also be divided—say reduced to damages founded on the injurious
statements in different lectures ; in Lord Fullarton.—I agree with fact, to have done so, would have reyour Lordship in the chair. The quired quite a different oath. So, case is peculiar in every view, because then, I conceive we cannot make any there is here no claim, properly speak- separation of the two parts of the ing, for debt. There is a claim, no case. doubt, for damages ; but then da- Lord Joffrey. There is certainly mages are of two kinds. Ist. There something novel, as well as something are losses by slanderous statements, extremely painful in this case, but which may be reduced to a calcula- after due consideration I cannot say tion of pounds, shillings, and pence. that I have any hesitation in concurIn such cases, we must have the exact ring with your Lordship in the chair, sum set forth. The other kind are and substantially with the Lord Orthose in which nothing more can be dinary. I shall not express any done than make a rude estimate of opinion as to the general competency the injury to one's feelings. The of anything so novel, as this applicapresent is a case of the latter sort. tion for a meditatio fugce warrant, Now, in such a case, though I am found on a claim of damages for not prepared to state that a meditatio slander. But assuming that the fugæ warrant is entirely incompetent, statement might have been so specific yet the whole proceeding requires to as to render it competent, yet we are be very narrowly watched, since the all agreed that this application for a whole debt is left to be fixed by the warrant of so peculiar a nature, this statement of the party himself. Then remedium extraordinarium so directly as to Professor Bell's test, as to trial affecting the liberty of the subject, for perjury on the falsity of the oath was in part, at least, rash and errone(Bell's Com. vol. 2, p. 559), it is ous, in so far as the grounds of debt plain that the operation of that prin- were set forth generally, and without ciple is excluded altogether, and it specification. Now, as to the proposal surely is not unreasonable, in such a of Lord Mackenzie-to remit to the case, to say, that the petitioner is Lord Ordinary, to separate the two bound to state the specific facts, from parts of the petition—I think that in which the damages are to be esti- a case of this description, it is no part mated. In the present instance, I of our business, or our duty, to come think the Lord Ordinary right in to the aid of a pursuer, and in order holding that the respondent must to the incarceration of a debtor, to state the particular slander on which help a party or an inferior judge out of the awkwardness, into which they not, be found to be such an inuendo: have fallen by their own error. In a but if he be the man, I am inclined common summons, in a civil action, to think that such a proceeding of a where there is a plain incompetency public church court might, in the heat in some parts, which does not neces- of controversy, be warrantably enough sarily destroy the whole, this principle, referred to ; and if he be not, where no doubt, may often be given effect is the calumny against him? But if to ; but even there, when the body this be the head and gravamen of the and the mass of the libel is so incor- written charge, the real point of the rectly framed and so inaptly deduced, slander must lie in the other charges as to put the defender to disadvantage, -of repeated calumnies uttered in the ordinary course is, and it is fully various parts of the country, in the warranted by the judicature act, course of lectures and otherwise. entirely to dismiss the action, and Then, all that the applicant for this allow the party to bring another warrant does, is to take his oath genesummons, containing those portions rally, that on all these charges towhich are competent. Even in that gether, a sum of £5000 is due to him case, however, all the arrestments and as damages. But here we cannot poindings, dependant on the rejected give the applicant the benefit of a summons, would fall. But in such common civil suit, where one portion an application as the present, much of the summons is competent, and more care is necessary ; and though another not competent. This is one the letter be produced, yet I cannot |of those cases, where the court is not help thinking, tota re perspecta, that called on to help out the party or the that letter is the least important part inferior Judge. The incarceration of the respondent's case ; and that he proceeded on a warrant which, vague would, in the way of damages, have as it was, was illegal, inasmuch as it got more for the repeated slanders proceeded on what was not a legal contained in the lectures, than for ground ; and, therefore, I think the this polemic challenge, in which one liberation was properly granted. or two such expressions as those read Lord Mackenzie.--I have no doubt to us are to be found. For the for- that the former incarceration was mer statement of Mr. Campbell's incompetent ; my only doubt was, travelling through the country, dis- whether we could not now remedy eminating slanders on every hand, the defect in this proceeding ? implies a much greater amount of Their Lordships adhered to the injury, and shews a far greater animus Lord Ordinary's interlocutor. and injuriandi than this one letter, published in a single journal. Indeed, I
'I found no expenses due. have some doubts as to the relevancy NOTE BY THE EDITOR. of that letter at all as a ground for Some of our readers in Scotland damages. The expression as to Mr. Robertson's flying the contest “ dis
I seem to object to the idea of Mr. honorably," seems to me scarcely Campbell being persecuted and imactionable. Then there is the state- prisoned for righteousness sake, &c. ment that the suspender will meet Their sympathies appear to be all on any one, “even James Robertson, the side of the Anti-Slavery Society. provided it be not that James Robert- Now the question is why, and for son who was dismissed from the Secession Church ;” and it is said
what purpose, was Mr. Campbell inhis is an indirect averment that terfered with at all by these men ? the respondent is the same James Is there any class of men, as by law Robertson. Now this may, or may established, or self-constituted, who have a just right to interfere with any ist, but not in their way of doing it. man who, peaceably passing through These men know the power of truth, the country, proclaims what he be- when fully and fairly brought in conlieves to be the true and primitive tact with error—that it would put an gospel of Jesus Christ ? We think end to their own sooth-saying, wherenot. And as neither Mr. Campbell by they bewitch the people, and, connor any of his friends interfered with sequently, uphold the distinction bethe Anti-slavery Society, or any other tween clergy and laity, even to the society in the kingdom, no party could, middle of this nineteenth century. with impunity, interfere with him, or Why was Jesus maltreated, condemnstop him in his progress.
ed, and crucified by the rulers and When the infuriated mob at Philippi the people? Ostensibly, because he drew Paul and Silas before the ma- was a slanderer and blasphemer. But gistrates, they charged them with the question is, was he so? Why troubling the city, and with“ teaching was Paul thrown to the wild beasts customs” which Romans ought not to at Ephesus? Ostensibly, because he observe ; but it must be obvious to committed libel on their city, and all, that the secret and moving CAUSE slandered the good and immaculate of their opposition was, that they had Demetrius, with the craftsmen and taken away the hope of their gain, by soothsayers of that age. But the casting out a spirit of divination from question is, did he this? Or did he one who had brought them much gain simply, but nevertheless powerfully, by sooth-saying! So in the present contend that the people should turn case, the ostensible cause of action is from the worship and services of these slander and libel ; but have we not gods-many, lords-many, and priestsgood reason to believe, from the per-many, to serve and worship the onesecuting spirit shown towards Mr. living and true God, and Jesus Christ Campbell from city to city, that there whom he hath sent ? Similar, we was a cause or principle moving the believe, is the present case, and hope, leaders in this case, which they never before we have done with it, to make openly avowed ? Mr. Campbell is no this statement plain to every candid slave-holder, dealer, or man-stealer ; reader. on the contrary, he is a firm abolition
EXTRACT OF A LETTER FROM A. CAMPBELL. (It will be gratifying to our readers to I could not bring myself to write to any one learn, that Mr. Campbell arrived safely at for some time: and when preparing to write, home on the 23d of October, having been I was, according to my custom, counting on only seventeen days and a half in travelling the 19th day instead of the 16th day of the from Liverpool to Bethany.]
month, for the regular steamers, and in this Bethany, Virginia, Nov. 25, 1847. way I cou!d not write by the proper mail. BROTHER Wallis-My very dear Sir- Meantime I have but little to communicate Having written you from Halifax, and hav- to you and sister Wallis, that can be inteing on my arrival at Boston received, the resting, except that which concerns myself melancholy intelligence of the death of my and family, in which I know you take great son Wickliffe, and on arriving at home found interest. You have, no doubt, seen an acmy wife greatly affiicted and disconsolate, count of the great loss we have sustained in
the death of a very amiable and promising vour to acquiesce in this affliction, believing son, who was most unexpectedly snatched that the Lord has done it for sound, wise, from us in an hour, and in a manner the least and kind, though to us a mysterious purpose. of all to be expected. To me, indeed to us But I must refer you to the December number all, it has been a most afflictive, as well as a of the Millennial Harbinger for a more full most mysterious providence. Although in-account of this painful matter, and our reured to affiictions, with loss of many chil-flections upon it. It will, I trust, not be dren, on all former occasions, our minds were without a blessing to us all, in weaning our gradually prepared for it, by the slow and affections off things seen and mortal, and in doubtful advances of a lingering decline. placing them on things unseen and immortal. But in this case we were taken by surprise. The rest of my family are in usual health. A son, too, who gave much promise, and on Our college is going on with much pleasure whom clustered many a hope of future use. and comfort, having a very excellent class fulness-greatly devoted to his bible, pious of young men in attendance this year, of and most exemplary in his behaviour, fond much promise. of learning and of books. We bad nothing The Anti-Slavery proceedings against me to fear, but every thing to hope from him. in Edinburgh have gone the round of all our No youth of ten years could have been more States, and are, if not universally, very geneuniversally admired and beloved by all who rally reprobated in strong terms by all parknew him than he. This made the bereave. ties. The affair has caused no little excitement the more distressing and afflictive. ment, and will, I think, do much good. AboHis mother's heart was bound up in him, and litionists here in many places condemn their he was, as I often said to her, like her sha-transatlantic brethren in no very choice dow, always by her side. To her, then, it cerms. was a sad bereavement, and almost insup./ Mrs. Campbell, Clarinda, Mr. Pendleton, portable shock, too much for fresh and blood. Jesire to be most affectionately remembered She is, indeed, but very gradually recovering to you, sister Wallis, and your whole family. from it, and I fear will not for some time be-Clarinda is in tolerable good health, as is come her former self. It is in this case pe- Mr. Pendleton. culiarly hard to say, “ the Lord gave, and the Remember me most affectionately to BroLord hath taken away, blessed be the name ther Hine, and your brother with his family. of the Lord.” But, indeed, there are but few In all Christian affection and esteem, I reof us that can feel that our children, and all main, dear brother, ever yours in the hope of else we call our own, belong to Hearen's everlasting life, Great Lord. Still we must, and do endea
JOY IN AFFLICTION.--I have been all words to express my happiness. I seem my life like a child whose father wishes to fix to be swimming in a river of pleasure which his undivided attention. At first the child is carrying me on to the great fountain.runs about the room, but his father ties up his Dr. Payson. feet: he then plays with his hands, but they ARITHMETICAL GOVERNMENTS.-- .Poalso are tied. Thus he continues to do till he tentates and princes, now-a-days, when they is completely tied up; then, when he can do take in hand an enterprise, do not pray benothing else, he will attend to his father. fore they begin, but set to work calculating Just so God has been dealing with me, to in- --three times three make nine, twice seven duce me to place my happiness in him alone. are fourteen; so-and-so will do so-and-so; But I blindly continued to look for it here. in this manner will the business surely take and God has kept cutting off one source of effect; but our Lord God says unto them-enjoyment after another, till I find that I for whom, then, do ye hold me ? for a cypher ? can do without them all, and yet enjoy Do I sit here above in vain, and to no purmore happiness than ever in my life before. pose ? You shall know that I will twist your It sounds so flat when people tell me it is accounts about finely, and make them all just for God to afflict me, as if justice did false reckonings. - Familiar Discourse of not require infinitely more. I can find nol Mariin Luther.
RESOLUTIONS OF THE STUDENTS AT BETHANY. UPON the circumstances connected with of ALEXANDER CAMPBELL, an American the imprisonment of Mr. Campbell, in Scot-Citizen and a Christian Preacher, while on land, becoming known to the students of a peaceful mission, was a most extraordinary Bethany College, U.S. they immediately as-event; and, on the part of his persecutors, sembled in the college-ball, when, having ap- was a violation of the rights of hospitality pointed a chairman, a committee of four per-| and the principles of religious toleration, sons was nominated, to draw up resolutions and was in direct opposition to the philanexpressive of the feelings of the students in thropic professions of the Anti-Slavery Society relation to the persecution of their President. of Scotland. The committee subsequently presented a re- Resolved, That onr President, in his firin port of the circumstances connected with the and unyielding conrse, has taught us an emincarceration of Mr. Campbell, (the particu- phatic lesson, and set us an example wbich lars embodied in which appear in another we consider worthy of our imitation; and we page) and then adopted the following resolu- shall henceforward value more highly the extions :-
cellency of that Chrstian intrepidity for Resolved, That in view of the above facts, which he has been so long and so often distinwe feel it our duty to our President, tu our- guished ; and which, in this instance, promptselves, and the American people, to expressed him to prefer imprisonment to purchased our feelings freely and fully.
liberty. Resolved, That we sympathize with Mr. Resolved, That while we entertain not a CAMPBELL in his having to endure an illegal feeling of resentment towards the Antiimprisonment in a distant land.
Slavery Society of Scotland, nor their apResolved, That Mr. Campbell's conduct plauded Secretary and Agent, Rev. James in refusing the proffered security for his ap- Robertson, and would not characterize either pearance before Lord Murray, in giving by the opprobious epithets they have so himself up to the disposal of his persecutors, liberally bestowed upon others; yet we do, in deliberately entering jail, and remaining in all calmness, believe that they both, by a prisoner, was truly magnanimous and their insidious and unjust persecution of one worthy of himself, worthy of the cause of of the greatest and best men of the age, for truth which he was on a mission to promulgate, mere difference of opinion, have deserved and worthy of that exalted position he has the contempt of all the judicious and pious long occupied in the eyes of the American of this and all other enlightened nations. people ; and that his behaviour, under all the Resolved, That a copy of these resolutions circumstances connected with his unjust be transmitted for publication to the Editors imprisonment, has supplied whatever was of the Harbinger, Protestant Unionist, wanting in his eventful career, to associate Edinburgh Journal, and the principal papers his name with the memory of all the great in the United States; and that a thousand and good.
copies be printed for gratuitous distribution. Resolved, That the illegal imprisonment
POPISH INFALLIBILITY DISPROVED thousand typographical errors! and bis sucBY THE PRINTER.--From 1478 to 1589 cessor, Clement VII. without any regard to the Bible had been printed in the Spanish, the anathema of bis predecessor, had the German, English, French, Swedish, Danish, whole revised and corrected! A printer's Russian, aud Hungarian languages. The apprentice boy has just as much claim to Pope Sixtus V. found it necessary to follow infallibility as the Pope of Rome. this flood of light, and in 1590 had an edition “Riches will hear out folly.” The rich published, and personally superintended the fool is frequently permitted to play those miscorrection of the press. To this work he chievous pranks with impunity, which, if appended a severe anathema against any one committed by one in an inferior station, would who should alter, in the smallest degree, the meet not only with that derision they should immaculate work published under his infal- excite, but also with the infliction of that pulible eye; yet it contained upwards of two nishment they merit.