A young man, sensible that his life had not been what it ought to have been, and resolving upon amendment, sought his father and made frank acknowledgment of his faults. Having done so, he said, “Now, father, don’t you think you ought to confess a little to me?” We think some confessions were also due from the other side.
The nest in which is hatched the bird of Jove is built of rough sticks and set in craggy places. Again, it is stirred up that the young eaglet may spread its wings and seek the sun. The victor’s laurels are not cheaply gained; conflict and struggle are the price. Sparks flash from collision. Lightnings cleanse the air. The geode is broken to free the gem that lies within. Diamonds are cut and polished ere they shed forth their splendor. Great good is usually ushered in by great labor and sacrifice. It is so with liberty. Let us tread about its altars with reverence, with unshod feet; altars from which have ascended flames so bright as to illumine earth, and offerings so sweet as to propitiate heaven. The unjust and tyrannical laws by which the early battlers for religious freedom in this section were assailed have long since been erased from the statutes of the State. The tide of public sentiment had swollen to such height, in which all denominations except the standing order were a unit, that they were wiped out, and their existence was made impossible in the future. That the Rogerene movement largely contributed to bring about this result will be shown. Of the hardships, loss of liberty, loss of property, etc., which the Rogerenes endured for conscience’s sake, Miss Caulkins speaks thus:—
Attempts were made to weary them out and break them up by a series of fines, imposed upon presentments of the grand jury. These fines were many times repeated, and the estates of the offenders melted under the seizures of the constable as snow melts before the sun. The course was a cruel one and by no means popular. At length, the magistrates could scarcely find an officer willing to perform the irksome task of distraining.
The demands of collectors, the brief of the constable, were ever molesting their habitations. It was now a cow, then a few sheep, the oxen at the plow, the standing corn, the stack of hay, the threshed wheat, and, anon, piece after piece of land, all taken from them to uphold a system which they denounced.
Further details of their sufferings will be omitted in this place; but the famous suit of Rev. Gurdon Saltonstall against John Rogers demands and shall receive dose attention.
It was while Rev. Gurdon Saltonstall was minister of the church of New London, and through his influence, that John Rogers was expatriated, so to speak, and mercilessly confined three years and eight months in the jail at Hartford, “as guilty of blasphemy.” Shortly after his release, Rev. Mr. Saltonstall brought a suit against John Rogers for defaming his character. The following is the record of the court:—
At a session of the County Court, held at New London, September 20th, 1698, members of the court, Capt. Daniel Wetherell, esq., Justices William Ely and Nathaniel Lynde, Mr. Gurdon Saltonstall, minister of the gospel, plf. pr. contra John Rogers, Sr., def’t, in an action of the case for defamation.
Whereas you, the said John Rogers, did some time in the month of June last, raise a lying, false and scandalous report against him, the said Mr. Gurdon Saltonstall, and did publish the same in the hearing of diverse persons, that is to say, did, in their hearing, openly declare that the said Saltonstall, having promised to dispute with you publicly on the holy Scriptures, did, contrary to his said engagement, shift or wave the said dispute which he promised you, which said false report he, the said Saltonstall, complaineth of as to his great scandal and to his damage unto such value as shall to the said court be made to appear. In this action the jury finds for the plaintiff £600 and costs of court £1 10s.
The £600 damages, equal perhaps to $10,000 at the present day, was not more remarkable than the suit itself, which had no legal foundation. Lorenzo Dow tells “how to lie, cheat and kill according to law.” But here is a deed—ought we not to call it a robbery?—done under cover, without the authority, of law. For the words alleged to have been spoken, action of slander was not legal. That this may be made clear to the general reader, we quote the language of the law from Selwyn’s “Digest”:—
An action on the case lies against any person for falsely and maliciously speaking and publishing of another, words which directly charge him with any crime for which the offender is punishable by law. In order to sustain this action it is essentially necessary that the words should contain an express imputation of some crime liable to punishment, some capital offense or other infamous crime or misdemeanor. An imputation of the mere defect or want of moral virtues, moral duties, or obligations is not sufficient.