ACCOUNT OF THE HIGHEST COURT OF JUDICATURE IN PENNSYLVANIA—viz. THE

COURT OF THE PRESS.

[A reader of the Spectator, being struck with some remarks quoted last week from Dr. FRANKLIN'S writings, in an article on the " Liberty of the Press and its Abuses," has expressed a desire to see in our columns the entire paper from which they were taken. We ac- cordingly reprint the paper, from the Second Volume of the Works of F3ANKUN; and feel certain that all who peruse it will admire the point is id goad. sense o the remarks, and theffircih7e of the

_ language in which they are •

which they

OF THAS COURT.

It may receive and promulgate accusations of all kinds, against all persons and characters among -the citizens_ of the states and even against all inferior courts ; and may judge, sentence, and condemn to infa:ny, nut only private individuals, but public boles, &e., with or without inquiry or hearing, at the coulee direction.

WHOSE FAVOUR OR FOR WHOSE EMOLUMENT THIS COURT IS ESTABLISHED.

In favour of about one citizen in five hundred; who, by education or prac- tice in scribbling, has acquired a tolerable style as in grammar and construction, so as to bear printing ;. or who is possessed of a press and a few types. This five hundreth part of the citizens have the privilege of accusing and abusing the other four hundred and ninety-nine parts at their pleasure; or they may hire out their pens and press to others, for that purpose.

. • •

PRACTICE OF THIS COURT.

It is not governed by any of the rules of the common courts of law. The accused is allowed no grand jury to judge of the truth of the accusation before it is publicly made ; nor is the name of the accuser made known to him ; nor has he an opportunity of confronting the witnesses against him,•for they are kept in the dark, as in the Spanish, Court of Inquisition. Nor is there any petty jury of his peers sworn to try the truth of thetsharges. The proceedings are also some- times so rapid, that an honest good citizen may find himself suddenly and unex- pectedly accused, and in the same morning judged and condemned, and sentence promiuncetraguinst him, that he is a rogue and a villain.. Yet if an officer of this court receives the slightest check for his misconduct in this his office, he claiins immediately the rights of a free "citilen by die constitution, and demands to know his accuser, to confront the witnesses, and to have a fair trial by it jury of his peers.

FOUNDATION OF ITS AUTHORITY.

It is said to be founded on an article in the State Constitution, which establishes the liberty of the press,a liberty which every Pennsylvanian would fight and die for, though few of us, I believe, have distinct ideas of its nature and extent. It seems, indeed, somewhat like the liberty of the press that felons have, by the common law of England, before conviction ; that is, to be either pressed to death or hanged.. 14 by the liberty of the press, were understood merely the liberty of discussing the propriety of public measures and political opinions, let us have as much of it as you please ; but if it means the liberty otaffronting, calumniating, and defaming one another, I, for my part; own myself willing to part with my share.of it, whenever our legislators shall please so to•alter the law; and shall cheerfully consent to exchange my liberty of abusing others, fur the privilege of not being abused myself..

Hence- " On eagles' wings immortal scandals fly, • hile virtuous actions are but born and die."—Davntx.

Whoever feels'pain in hearing a good character of his neighbour, will feel a pleasure in the reverse. And of those who, despairing to rise to distinction by their virtues, are happy if others can be depressed to a level with themselves, there are a number sufficient in every great town to maintain one of these courts by their subscription. A shrewd observer once said, that in walking the streets of a slippery morning, one might see where good-natured people lived, by the ashes thrown on the ice before the doors: probably he would have formed a dif- ferent conjecture of the temper of those whom he might find engaged in such subscriptions.

OF THE CHECKS PROPER TO BE ESTABLISHED AGAINST THE ABUSES OF POWER IN THOSE COURTS.

• BY WHOM THIS COURT IS COMMISSIONED OR CONSTITUTED.

It is not by any commission from the supreme executive council, wino might previously judge of the abilities, integrity, knowledge, &c., of the persons to be appointed to this great trust, of deciding upon the characters and good fame of the citizens :• for this court is above that council, and may accuse,: judge, and condemn it at pleasure. Nor is it hereditary, as is the court of dermer resort in the Peerage of England. But any man who can procure pen, ink, and paper, with a press, 1 few types, and a huge pair of blacking-balls may commissionate himself; and his court is immediately established in the plenary possession and exercise of its rights. For if you make the least complaint of tine judge's con- duct, bedaubs his blacking-balls in youi face wherever he meets you ; and, be- sides tearing yOur private character to splinters, marks you out for the odium of

the public:, as an enemy to the libeity of the press. .

OF TILE NATURAL SUPPORT or THIS COURT.

Its support is founded in the depravity of such minds as have not been mended by religion, hot improved by good education. .

•• There a lust in man uo charm can tame, ' Of loudly publishing his neighbour's shame."

Hitherto there are none. But since so much has been written and published on the Federal Constitution, and the necessity of checks in all other parts of good government has been so clsarly and learnedly explained, I find myself so • far enlightened as to suspect some check may be proper in this part also ; but I have been at a loss to imagine any that may not be construed an infringement • of the sacred liberty of the press. At length, however, I think I hive found one, that, instead of diminishing general liberty, shall augment it; which is, by restoring to the people a species of liberty of which they have been deprived by our laws,-1 mean the liberty of the cudgel. In the rude state of society, prior to the existence of laws, if one man gave another ill language, the affronted persons might return it by a box on the ear ; and, ilrepeated, by a good drubbing ; and this without offending against any law: but now the right of making such returns is denied, and they are punished as breaches of the peace, while the right of abusing seems to remain in full force ; the laws made against it being rendered ineffectual by the liberty of the press. My proposal then is, to leave the liberty of the Press untouched, to be exercised in its full extent, force, and vigour ; but to permit the liberty of the cudgel togo with it, pari passu. Thus, my fellow citizens, if an impudent writer attacks your reputation—dearer perhaps to you than your life—and puts his name to the charge, you may go to him as openly and break his head. If he conceals him- self behind the printer, and you can nevertheless discover who lie is, you may, in like manner, waylay him in the night, attack him behind, and give him a good drubbing. If your adversary hires better writers than himself to abuse you more effectually, you may hire brawny porters, stronger than yourself, to assist you in giving him a more effectual drubbing. Thus far goes my project as to private resentment and retribution. But if the public should ever happen to be affronted, as it ought to be, with the conduct of such writers, I would not advise proceeding immediately to these extremities, but that we should in moderation content ourselves with tarring and feathering, and tossing them in a blanket.

If, however, it should be thought that this proposal of mine may disturb the public peace; I would then humbly recommend to our legislators to take up the consideration of both liberties, that of the press and that of the cudgel, and by an explicit law mark their extent and limits; and at the same time that they secure the person of a citizen from assaults, they would likewise provide for the security of his reputation.