e man who declares himself the writer, and am, therefore, convinced of
the necessity of calling the printer to the bar, that whatever the
lenity or justice of this assembly may determine with regard to his
punishment, he may be examined with respect to the real authors of the
libel; and that our resentment may fall upon him, who has endeavoured to
shelter himself by exposing another.
Counsellor ORD spoke to this effect:--Sir, I am inclined to believe,
that the persons associated in writing and dispersing this paper,
whosoever they may be, are of no high rank, or considerable influence;
as it is not likely that any man who had much to hazard, would expose
himself to the resentment of the whole legislature; but let us not for
that reason exert our superiority in wanton punishments, or tyrannise
merely because we cannot be resisted. Let us remember that the same
justice and the same humanity is due to the meanest, as the highest of
our fellow-subjects; and that there is even less necessity of rigorous
measures, as the attack is less formidable.
But, sir, there is one motive to moderation that has seldom been found
less efficacious than the consideration of the laws of justice or
humanity. We ought to be withheld by regard to our posterity, and even
to ourselves, from any exorbitant extension of our privileges. We know,
that authority once exerted, is claimed afterwards by prescription. And
who knows by what sudden rotation of power he may himself suffer by a
precedent which he has concurred to establish, and feel the weight of
that oppressive power which he first granted for the punishment of
another?
Mr. HOWE spoke thus:--Sir, I am always unwilling to oppose any proposal
of lenity and forbearance, nor have now any intention of heightening the
guilt of this man by cruel exaggerations, or inciting the house to
rigour and persecution.
But let us remember, sir, that justice and mercy are equally to be
regarded, and while we pity the folly of a misguided, or, perhaps, a
thoughtless offender, let us not suffer ourselves to be betrayed, by our
compassion, to injure ourselves and our posterity.
This house, sir, has always claimed and exerted the privilege of judging
of every offence against itself, a privilege so long established, and so
constantly exercised, that I doubt whether the inferiour courts of
judicature will take cognizance of an attack upon us; for how can they
venture to decide upon a question of such impor
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