Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. DANA said that he had no particular objection to meet this inquiry.
As to the disclosure of facts as to the reimbursement by individual
contribution, it might be amusing, if this House had authority to
make it. He said he should like to know who contributed to the relief
of James Thompson Callender, when he was prosecuted; but he had some
doubt whether it was proper to enter into any inquiry or whether it
was proper to pass the resolution pointing to the remuneration of
sufferers under the sedition law. He should have supposed that it
might be proper to leave it at large for the committee to report. He
said he had certainly no objection to inquire, though he conceived
that prosecutions at common law and under the sedition law were
essentially different; because, supposing the Congress of the United
States to pass such a law, the courts of the United States might take
cognizance of it; but, without such a law, it did not belong to the
judiciary to extend its care to the protection of the Government from
slander. Such was the decision of Judge Chase, (said Mr. D.,) who
decided that the court had no jurisdiction at common law in suits for
libel; and the Supreme Court of the United States never did decide
the question. The strong contrast is this: that while there was a
description of men who said that no prosecution could be had at common
law for libel, nor under the statute which modified the common law
so as to allow the truth to be given in evidence--who, while they
excited indignation against this statute, should afterwards undertake
to institute prosecutions at common law where there was no limitation
in favor of the defendant. There is this difference in the cases: that
we find practice precisely different from professions. I do not say
that the heads of departments were instrumental in instituting these
prosecutions; but it marks some of the subordinate men who were active
in making professions. I am very willing that the proposed inquiry
should be made; but I cannot see the propriety of our undertaking to
give any opinion as to remunerating those who suffered.
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