CHAP. XIV.] AND RELIGION. 399 



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any body the power of imprisoning men other 

 wise than in due course of Common Law, except 

 in cases of actual invasion or open rebellion. 

 And, though actual invasion took place several 

 times during the late war ; though the Capital 

 city was in possession of our troops, no such 

 law was passed. Such is the effect of that con 

 fidence, which a good and just government has 

 in the people whom it governs ! 



415. There is one more particular, as to the 

 Laws of America, on which, as it is of very 

 great importance, I think it right to remark. 

 The uses, which have been made of the Law of 

 Libel in England are well known. In the first 

 place, the Common Law knows of no such of 

 fence as that of criminal libel, for which so 

 many men have been so cruelly punished in 

 England. The crime is an invention of late 

 date. .The Common Law punished men for 

 breaches of the peace, but no ivords, whether 

 written or spoken, can be a breach of the peace. 

 But, then some Boroughmonger judges said, 

 that words might tend to produce a breach of 

 the peace ; and that, therefore, it was criminal 

 to use such words. This, though a palpable 

 stretch of law, did, however, by usage, become 

 law so far as to be acted upon in America as 

 well as in England ; and, when I lived in the 



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