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Editorial
August 7, 1788
The New York Journal, And Weekly Register
New York, New York County, New York
What is this article about?
Extract from Lord Camden's Law Tracts, published in Philadelphia on July 21, criticizing ministerial mal-administration, advocating respect for government and liberty, the dignity of Parliament and courts, and clear jury verdicts in press freedom cases to prevent arbitrary power and distrust in judiciary.
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OCR Quality
95%
Excellent
Full Text
PHILADELPHIA, July 21.
Extract from Lord CAMDEN's Law Tracts.
"I wish to have government respectable, and my principal objection to the mal-administration of ministry of the day is that they have no heads at all. The government and the laws I shall be against changing, being no friend to innovations, but a sincere friend to liberty. There can be no harm in attacking ministers; but, let the house of commons, the bulwark of the democratic part of the state, retain its dignity, prerogatives and independency, and let the laws be faithfully and boldly administered without refinements, or sophistications. One of the errors of the times has been the effort to diminish the reverence for Parliament, and for the courts of law, which tend to nothing but to arbitrary power, and the governing without either, or to a general dissolution of the state to anarchy and mob. The remarks which I have freely made on the KING against Bear, and the King against Woodfall, are intended to check that train of legal interpretation which revolts the public, and leads to a distrust of the uprightness of judicature, by introducing jesuitical casuistry, in lieu of plain, obvious, common sense. It will never do if exercised by angels. Distrust will beget dislike, contempt, odium. Nothing can support penal judgments, where the freedom of the press is concerned, and liberty, or supposed liberty is at stake, but their being grounded on an express conviction (of the very crime charged) by a clear verdict of a jury. Constructive guilt, the creature of the bench, will not be endured. It will make the seat of justice shake under the judge who pronounces it, I venture to foretell!"
Extract from Lord CAMDEN's Law Tracts.
"I wish to have government respectable, and my principal objection to the mal-administration of ministry of the day is that they have no heads at all. The government and the laws I shall be against changing, being no friend to innovations, but a sincere friend to liberty. There can be no harm in attacking ministers; but, let the house of commons, the bulwark of the democratic part of the state, retain its dignity, prerogatives and independency, and let the laws be faithfully and boldly administered without refinements, or sophistications. One of the errors of the times has been the effort to diminish the reverence for Parliament, and for the courts of law, which tend to nothing but to arbitrary power, and the governing without either, or to a general dissolution of the state to anarchy and mob. The remarks which I have freely made on the KING against Bear, and the King against Woodfall, are intended to check that train of legal interpretation which revolts the public, and leads to a distrust of the uprightness of judicature, by introducing jesuitical casuistry, in lieu of plain, obvious, common sense. It will never do if exercised by angels. Distrust will beget dislike, contempt, odium. Nothing can support penal judgments, where the freedom of the press is concerned, and liberty, or supposed liberty is at stake, but their being grounded on an express conviction (of the very crime charged) by a clear verdict of a jury. Constructive guilt, the creature of the bench, will not be endured. It will make the seat of justice shake under the judge who pronounces it, I venture to foretell!"
What sub-type of article is it?
Press Freedom
Constitutional
Legal Reform
What keywords are associated?
Press Freedom
Liberty
Parliament Dignity
Legal Interpretation
Ministerial Criticism
Jury Verdicts
Arbitrary Power
What entities or persons were involved?
Lord Camden
Parliament
House Of Commons
Ministry
Courts Of Law
King
Editorial Details
Primary Topic
Defense Of Press Freedom And Parliamentary Dignity Against Arbitrary Legal Interpretations
Stance / Tone
Strong Advocacy For Liberty And Criticism Of Ministerial And Judicial Overreach
Key Figures
Lord Camden
Parliament
House Of Commons
Ministry
Courts Of Law
King
Key Arguments
Ministers Lack Competence And Mal Administer Government
Oppose Changing Government And Laws But Support Liberty
Attack Ministers But Preserve Parliament's Dignity And Independency
Efforts To Diminish Reverence For Parliament And Courts Lead To Arbitrary Power Or Anarchy
Criticize Legal Interpretations In Cases Like King Against Bear And King Against Woodfall For Causing Public Distrust
Penal Judgments On Press Freedom Require Clear Jury Convictions Of The Exact Crime
Constructive Guilt By Judges Will Not Be Tolerated And Will Undermine Justice