University of Virginia Library

I. APPENDIX I.

[Page 106.]

A paper addressed "To the Betrayed Inhabitants of New York,"
signed "A Son of Liberty", was printed privately in Parker's printing
house, in December, 1769. This paper was laid before the general
assembly, which resolved that it was "a false, seditious and infamous
libel;" and, in an address, requested the lieutenant governor, to issue
his proclamation, offering a reward of one hundred pounds, New York
currency, for the discovery of the author. A journeyman in Parker's
printing house, one Michael Cummings, from Cork, in Ireland,
allured by the proffered reward, lodged a complaint against Parker,
as the printer; in consequence of which, he was taken into custody,
on the 7th of January, 1770, by virtue of a warrant from the chief
justice Horsemanden, in which he was charged with being the
printer of the libel, and made amenable, before the lieutenant governor
and council, to be examined concerning the premises. This
process was strictly executed. While he was detained in a course
of examination, before the lieutenant governor and the council, the
sheriff returned to Parker's house, and took all his apprentices into
custody, and immediately conducted them to the lieutenant governor
and council. Upon their entrance, their master, who had not the
least opportunity of seeing them after he was arrested, was ordered
into another apartment under the custody of the sheriff, and was not
present at their examination. The eldest apprentice was first examined,
and the paper in question being produced, he was asked
whether he had seen it before? To which he answered, that he had
frequently seen it, as printed copies of it had been dispersed about
the city. He further alleged, that, though repeatedly pressed to
declare whether it was printed at his master's printing house, he
refused to make any such declaration. But at length being threatened
with a commitment, he confessed that it was printed by Parker;
and, at the same time, assured the lieutenant governor and council
that he was ignorant who was the author. The younger apprentices
corroborated his evidence; after which they were all dismissed.

Further proof being thus procured against Parker, he was again
brought before the lieutenant governor and council, and reexamined
on the subject; and though he repeatedly refused to discover the
author, yet being at length wrought upon by threats, that application
would be made to his superiors to procure his dismission from
his employment in the postoffice, and that he must either give bail
or be committed, unless he would discover the author; and, not
having had it in his power to consult with the author about an indemnification
from him, he resolved to make the discovery, provided
he could procure an engagement on the part of the government, that
he should not be prosecuted. This indemnity his honor and the
council, after some consideration, thought proper to give to him;
upon which he submitted to an examinatian on oath, and was discharged
upon his single recognizance, to appear and give evidence
against General Alexander MacDougall, whom he charged as being
the author of the paper in question. Early the next morning the
sheriff went to the house of MacDougall, and took him into custody,
on a warrant issued by his honor the chief justice, wherein he was
charged with causing the paper to be printed, which in the warrant
was said to be a "false, seditious, and infamous Libel;" and the
sheriff, according to the command of the precept, conducted him to
the chief justice's chamber, to be examined concerning the premises,
and to be dealt with according to law. When MacDougall was
brought into the chamber of the chief justice, his honor said to him,
" So you have brought yourself into a pretty scrape." To which
MacDougall replied, "May it please your honor, that must be judged
of by my peers." The chief justice then told MacDougall, "that
there was full proof that he was the author, or publisher, of the
above mentioned paper, which he called a "false, vile, and scandalous
libel." MacDougall again replied, "this must also be tried by
my peers."

His honor thereupon informed him "that he must either give
bail, or go to gaol." To which MacDougall replied, "Sir, I will
give no bail." His honor then ordered the sheriff to take him to
gaol, and made out a mittimus charging him with being the author
and publisher of a "certain false, scandalous, seditious and infamous
paper, addressed "to the Betrayed Inhabitants of the City and Colony

of New York," and subscribed, "A Son of Liberty;" and commanding
the sheriff "therewith to receive him, and safely keep him in
gaol, until he should thence be delivered by due course of law."

MacDougall remained in prison till April term following, when
the grand jury found a bill against him, as the author of a libel
against the general assembly; but it being late in the term, the trial
was put off till another session, and MacDougall was admitted to
bail. Before the next term, Parker died, and of course the evidence
against MacDougall was lost. In consequence of which, MacDougall
on the 13th of December, 1770, was, by an order of the assembly,
taken before that body by the sergeant at arms, and placed at the
bar of the house; he was then informed by the speaker, that he was
charged by a member of that house, with being the author of the
libel before mentioned, and that he was by an order of the house to
answer to the question, "Whether he was guilty or not." MacDougall
asked who were his accusers, and what evidence was adduced
against him? These were questions for which the house was not
prepared; and MacDougall was interrupted by Mr. De Noyellis,
who was supported by the speaker. The latter informed MacDougall
that he had no right to speak until he had obtained leave of the
house. After some objections and difficulties had been surmounted,
MacDougall obtained leave to state his reasons why he ought not to
answer the question put to him, or the charge against him. He
declined answering it for two reasons which rendered it improper
for him to do so. One was, because the paper which had just been
read to him, was declared by the honorable house to be a libel; the
grand jury of the city and county of New York had also declared it
to be libellous, and found a bill of indictment against him, as the
author of it. The second reason arose from the fact, that the honorable
house had addressed the lieutenant governor to issue his proclamation,
offering a reward of one hundred pounds for discovering
the author or publisher of the paper signed "A Son of Liberty,"
in order that he might be proceeded against according to law; in
consequence whereof information had been given; and a prosecution
against him was then pending before the supreme court, where he
should be tried by a jury of his peers. He stated further, that as
the honorable house was a party in the question, the prosecution

being commenced at the instance and recommendation thereof, he
conceived it ought not to take cognizance of the matter; and questioned
if any precedent could be found on the journals of the house
of commons, to shew it had taken cognizance of any supposed libel,
when the reputed author of it was under prosecution. Such a proceeding
would be an infraction of the laws of England, which forbid
that any British subject should be punished twice for the same
offence. For these reasons MacDougall declined either to affirm or
to deny anything respecting the paper before the house.

A debate arose in which Mr. De Noyellis insisted that the house
had the same power to make a person accused deny or acknowledge
a fact, as the courts below had to oblige a prisoner to plead guilty
or not guilty. This doctrine was opposed by Mr. Clinton; who
said the house had the power to throw the accused over the bar, or
out at the window—but the public would judge of the action. It
was finally agreed to call in evidence as to the facts, whether a prosecution,
against MacDougall had been instituted, and to determine if
the house was a party to the prosecution. A dispute arose about
the manner of entering MacDougall's two reasons on the journals.
He conceived justice had not been done to the second; and after
some debate, he was ordered to commit it to writing. It was contended
by the speaker, and several other members, that his written,
statement reflected on the honor and dignity of the house. After
the subject had been debated, it was decided that he was guilty of
a breach of the privileges of that house, and he was ordered to ask
pardon of the same. With this order MacDougall refused to comply,
alleging that he had not been guilty of any crime; and he
asserted, that rather than resign the rights and privileges of a British
subject, he would suffer his right hand to be cut off at the bar of the
house. He was committed to prison by the sergeant at arms, where
he remained several months.