Power of this Court.
It may receive and promulgate accusations of all kinds, against all persons and characters among the citizens of the state, and even against all inferior courts; and may judge, sentence, and condemn to infamy, not only private individuals, but public bodies, &c. with or without enquiry or hearing, at the court's discretion.
Whose Favour, or for whose Emolument this Court is established.
In favour of about one citizen in five hundred, who, by education, or practice in scribbling, has acquired a tolerable style as to grammar and construction, so as to bear printing; or who is possessed of a press and a few types. This five hundredth 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 the charges. The proceedings are also sometimes so rapid, that an honest good citizen may find himself suddenly and unexpectedly accused, and in the same morning judged and condemned, and sentence pronounced against him, that he is a rogue and a villain. Yet if an officer of this court receives the slightest check for misconduct in this his office, he claims immediately the rights of a free citizen by the constitution, and demands to know his accuser, to confront the witnesses, and to have a fair trial by a 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. If, 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 of affronting, 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, for the privilege of not being abused myself.
By whom this Court is commissioned or constituted.
It is not by any commission from the supreme executive council, who 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 dernier resort in the peerage of England. But any man who can procure pen, ink, and paper, with a press, a 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 the judge's conduct, he daubs his blacking balls in your face wherever he meets you; and, besides tearing your private character to splinters, marks you out for the odium of the public, as an enemy to the liberty of the press.