This case affords the most singular instance of the exercise of the doubtful power of punishing for what are called contempts, on record. A court has unquestionably a right to protect itself from indignity, while in session; and so has a legislative body, although the power of punishing for such an offence, without trial by jury, is now gravely questioned. But for a legislative body to extend the mantle of its protection over its constituency in such a matter, is an exercise of power of which it is difficult to find a parallel. Sure it is that a people, then or now, who would elect such members to the Legislature deserve nothing else than contempt. The fourth paper established in New York was called the _Evening Post_. It was commenced by Henry De Forest in 1746. It was remarkable chiefly for stupidity, looseness of grammar, and worse orthography, and died before it was able to go alone. In 1752 the _New York Mercury_ was commenced, and in 1763 the title was changed to the _New York Gazette and Weekly Mercury_. This paper was established and published by Hugh Gaine, at the sign of the Bible and Crown, Hanover square. It was conducted with taste and ability, and became the best newspaper in the Colonies. In 1763, Gaine was arraigned by the Assembly for publishing a part of its proceedings without permission, and withal incorrectly. He was a gentleman of a kind spirit, and never had the power to withhold an apology when it was asked. He accordingly apologized, was reprimanded, and discharged. As the storm of war drew on in 1775, the _Mercury_ contained a series of patriotic papers, under the signature of the Watch Tower. But as the British forces drew near to New York, the patriotism of Gaine began to cool; and during the whole course of the Revolutionary war, his _Mercury_ afforded very accurate indications of the state of the contest. When with the Whigs, Hugh Gaine was a Whig. When with the Royalists, he was loyal. When the contest was doubtful, equally doubtful were the politics of Hugh Gaine. In short, he was the most perfect pattern of the genuine non-committal. On the arrival of the British army he removed to Newark for a while; but soon returned to the city and published a paper devoted to the cause of the Crown. His course was a fruitful theme for the wags of the day; and at the peace, a poetical petition from Gaine to the Senate of the State, setting forth his life and conduct, was got up with a good deal of talent and humor. His paper ceased with the war.