The magazine of history with notes and queries, Vol. II, No. 5, November 1905Various
History
The magazine of history with notes and queries, Vol. II, No. 5, November 1905
Various
History -- Periodicals; United States -- History -- Periodicals
“Yesterday, the forty-fifth day of the year, forty-five gentlemen, real
enemies to internal taxation, by, or in obedience to external authority,
and cordial friends to Capt. McDougall, and the glorious cause of
American liberty, went in decent procession to the New Gaol; and dined
with him on forty-five pounds of beef, cut from a bullock of forty-five
months old, and with a number of other friends who joined them in the
afternoon, drank a variety of toasts, expressive not only of the most
undissembled loyalty, but of the warmest attachment to Liberty, its
renowned advocates in Great Britain and America, and the freedom of the
press. Before the evening the whole company, who conducted themselves
with great decency, separated in the most cordial manner, but not
without the firmest resolution to continue united in the glorious
cause.” In April he was indicted by the Grand Jury for libel, and being
brought to the bar pleaded not guilty and was admitted to bail.
While matters were in this condition the Assembly again took the matter
up. On Dec. 13, 1770, the Speaker was directed to order McDougall to
attend at the Bar of the House to answer a complaint made against him by
Mr. De Noyellis for being the supposed author or publisher of the paper
signed “A Son of Liberty.”[9] On his attending, McDougall was asked
whether he was or was not the author of the paper. He replied “That as
the grand jury and house of Assembly had declared the paper in question
to be a libel, he could not answer the question. Secondly, that as he
was under prosecution in the Supreme Court, he conceived it would be an
infraction of the laws of Justice to punish a British subject twice for
one offense, for that no line could be run, that he might be punished
without end; but he would not be understood to deny the authority of the
house to punish for a breach of privilege, when no cognizance is taken
of it in another Court.”
The Assembly decided that this was a contempt of the authority of the
house, and, since he refused to ask pardon of the house, he was ordered
into the custody of the Sergeant-at-Arms, and placed in the county jail.
A writ of Habeas Corpus was sued out before the Court of Justice,
whereupon the sheriff notified the house and asked what he should do. A
committee was appointed on Jan. 22d, 1771, “to search the journals of
the house of Commons, for precedents in cases where writs of habeas
corpus have been issued, to bring persons committed by the Commons
before other Courts.” The committee reported on Feb. 16, that several
precedents had been found, which precedents were ordered printed in the
Journal of the House. It was also determined that the sheriff should be
indemnified for his action in not obeying the order of the Court.
Public-domain text, read in full here on John Shaqi.
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