MONDAY, August 23, 1790, P. M. The convention met pursuant to adjournment. Agreeably to the order of the day, the memorial of the religious society of the people called Quakers, was read the second time, Whereupon, On motion, Ordered, That the further consideration thereof be postponed. A motion was made by Mr. Lewis, seconded by Mr. M'Kean. to reconsider the twenty-first section of the ninth article, viz. Section XXI. That the right of the citizens to bear arms in defence of themselves and the state shall not be questioned: But those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service. On the question, Will the convention agree to re-consider the said section? The yeas and nays being called by Mr. Redick, were as follow, viz. So it was determined in the negative. Adjourned until nine o'clock to-morrow, A. M. TUESDAY, August 24, 1790. A. M. The convention met pursuant to adjournment. The seventh section of the ninth article being under consideration, viz. Section VII. That the printing press shall be free to every person who undertakes to axamine the proceedings of the legislature or any branch of government: And no law shall ever be made restraining the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for libels, their truth or design may be given in evidence on the general issue, and their nature and tendency, whether proper for public information, or only for private ridi cule or malice, be determined by the jury, under the direction of the court, as in other cases. A motion was made by Mr. Lewis, seconded by Mr. M'Kean, to strike out the remainder of the section after the words "for libels," and in lieu thereof, to insert "the jury shall have the same right to determine the law and the fact, under the direction of the court, as in other cases." It was moved by Mr. Wilson, seconded by Mr. Gallatin, to amend the amendment by inserting, before the words "the jury," the words their truth or design may be given in evidence on the general issue." A motion was then made by Mr. Smith, seconded by Mr. M'Lene, to postpone the consideration of the said motions, in order to amend the said section to read as follows, viz. Section VII. That the printing press shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government: And no law shall ever be made restraining the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. Upon indictments for the publication of papers investigating the conduct of individuals in their public capacity, or of those applying or canvassing for office, the truth of the facts alleged may be given in evidence on the general issue. And the jury shall have the same right to determine the law and the fact, under the direction of the court, as in other cases. On the question, Will the convention agree to the postponement for the aforesaid purpose? The yeas and nays being called by Mr. Ogden, were as follow: So it was determined in the negative. The motion made by Mr. Wilson, seconded by Mr. Gallatin, then recurring, On the question, Will the convention agree to the same? The yeas and nays being called by Mr. M'Kean, were as follow: So it was determined in the negative. Adjourned until nine o'clock to-morrow, A. M. WEDNESDAY, August 25, 1790, A. M. The convention met pursuant to adjournment. The seventh section of the ninth article, with the amendment moved yesterday by Mr. Lewis, seconded by Mr. M'Kean, recurring, A motion was made by Mr. Redick, seconded by Mr. Reed, to postpone the consideration of Mr. Lewis and Mr. M'Kean's motion, in order to amend the section as follows, viz. Section VII. That the printing press shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government: And no law shall ever be made restraining the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for libels, their truth may be given. in evidence on the general issue, and their nature and tendency, whether proper for public and useful information, or whether calculated for ridicule or private malice, to be determined by the jury, under the direction of the court, as in other cases. On the question, Will the house agree to the postponement for the aforesaid purpose? The yeas and nays being called by Mr. Lewis, were as follow: So it was determined in the negative, and thereupon the amendment moved yesterday by Mr. Lewis, seconded by Mr. M'Kean, adopted, viz. To insert, after the words in the original section, "In prosecutions for libels," the words "the jury shall have the same right to deter mine the law and the facts, under the direction of the court, as in other cases." A motion was made by Mr. Addison, seconded by Mr. Wilson, further to amend the last proposition as follows: In prosecutions for the publication of papers investigating the conduct of officers or men in a public capacity, or where the matter published is necessary or proper for public information, the truth thereof may be given in evidence, in justification, on the general issue; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. It was moved by Mr. Lewis, seconded by Mr. M'Kean, to postpone the consideration of the said motion in order to introduce the following in lieu thereof, viz. In indictments for the composing, making or publishing of papers investigating the conduct of individuals in their official capacity, the truth of the facts may be given in evidence; and in all prosecutions for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 'On the question, Will the convention agree to the postponement for the aforesaid purpose? The yeas and nays being called by Mr. Wilson, were as follow: Mr. Baker YEAS. Lewis Stout M'Kean Coleman Gray Graff J. Ross Robinson Ogden Miller 26 NAYS. So it was determined in the negative. The motion made by Mr. Addison, seconded by Mr. Wilson, recurring, a motion was then made by Mr. Lewis, seconded by Mr. M'Kean, to insert the word "official" before the word "conduct." Which was determined in the affirmative. It was moved by Mr. Lewis, seconded by Mr. M'Kean, to strike out the words "on the general issue." Which was determined in the affirmative. A motion was made by Mr. Sitgreaves, seconded by Mr. Lewis, to strike out the words "in justification." On the question, Will the convention agree to the same? The yeas and nays being called by Mr. Lewis, were as follow, viz. Mr. Shoemaker Mr. Sitgreaves Arndt Rhoads Smith Todd Robinson Hubley Ogden Miller Jenks Stout Tyson Coates 35 On the question, Will the convention agree to the amendment moved by Mr. Addison, seconded by Mr. Wilson, as amended, viz. In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is necessary or proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts un der the direction of the court, as in other cases ?" The yeas and nays, being called by Mr. Thomas Ross, were as follow, viz. |