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E. APPENDIX E.
[Page 48.]
The following is a copy of the proceedings of the Governor and
Council of Massachusetts, respecting the paragraph published by
Fleet, March 8th, 1741. It shows the difference between what was
then, and what is now, judged to be the "liberty of the press."
"At a Council held at the Council Chamber in Boston, upon
Tuesday the 9th day of March, 1741.
"Whereas there is published in the Weekly Paper called the
Boston Evening-Post of yesterday's Date, a Paragraph in the following
Words:
"Last Saturday Capt. Gibbs arrived here from Madeira, who informs,
that before he left that Island, Capt. Dandridge, in one of
his Majesty's ships of forty Guns, came in there from England, and
gave an Account, that the Parliament had called for all the Papers
relating to the War, and 'twas expected the Right Hon. Sir Rober
Walpole would be taken into Custody in a very few Days.—Capt.
Dandridge was going upon the Virginia Station to relieve the valiant
and vigilant Knight there, almost wore out in the Service of his
Country, and for which he has a Chance to be rewarded with a Flag."
Which Paragraph contains a scandalous and libellous Reflection
upon his Majesty's Administration, and may tend very much to
inflame the Minds of his Majesty's Subjects here and disaffect them
to his Government;"
"Therefore, Ordered, That the Attorney General do, as soon as
may be, file an informatian against Thomas Fleet, the Publisher of
the said Paper, in his Majerty's Superior Court of Judicature, Court
of Assize and General Gaol Delivery, in order to his being prosecuted
for his said Offence as Law and Justice requires.
"Copy Examin'd, per J. Willard, Sec."
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