printer, and that,
therefore, it was not by accident that he admitted so zealous an
advocate for his opinions to be seasonably assisted by the circulation
of his paper, but that he, doubtless, was delighted with an opportunity
of dispersing sedition by means of greater abilities than his own.
Nor can it be justly pleaded, sir, in his favour, that he was encouraged
to publish it by the confidence with which he saw it dispersed; for it
was printed by him in the morning, and not brought hither till the
afternoon. I cannot, therefore, but conclude, that his intentions were
agreeable to his practice, and that he deserves to accompany the author
in his present confinement.
The advocate, CAMPBELL, spoke next, to this purpose:--Sir, I hope it
will not be imputed to me as disregard of the government, or neglect of
the honour of this house, that I declare myself, on all occasions like
this, inclined to lenity, and think it necessary always to proceed by
regular methods, and known forms of justice, not by capricious
determinations, and orders variable at pleasure.
I opposed the imprisonment of the man who just now appeared at the bar
of our house, and am still more unwilling to proceed to severities
against another, who is criminal only in a subordinate degree. The
loudest declaimers against these men cannot have stronger detestation of
falsehood and sedition than myself; but however flagrant may be the
crimes, they may be punished with unjustifiable rigour, and, in my
opinion, we have already proceeded with severity sufficient to
discourage any other attempts of the same kind.
Whether it will promote the advantage of the publick, and the efficacy
of our deliberations, to deter any man from the common practice of
giving us information by delivering papers at our door, must be
considered by the house.
Nor is it less worthy of our most attentive inquiry, whether it is not
more reasonable to prosecute this offender in the common forms of
justice, than to punish him by any act of uncontroulable, unaccountable
authority? Whether it is not more reasonable to have him prosecuted
before a judge unprejudiced, and a disinterested jury, than to act at
once as party, evidence, and judge? I have no desire, sir, of
diminishing the privileges of this house; and yet less would I
contribute to establish any precedents of unlimited power or arbitrary
punishments.
The ATTORNEY GENERAL then spoke to the following effect:--Sir, whence so
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