Conceived in Liberty Volume 2 - Ludwig von Mises Institute

indefinitely and to ignore any writs of habeas corpus. After this act of
high-handed despotism, the Assembly turned its tender ministrations to the
Reverend Mr. Smith. Smith was now charged with abetting the publication
of the vicious libel by Moore. The Assembly took the precaution of voting
Smith's guilt by a large majority even before his so-called trial began,
thereby launching the fascinating procedure of deciding upon the verdict
before the trial was under way. The imprisoned Smith was denied bail and
the Assembly took the further pretrial precaution of not permitting Smith
either to dispute its authority or to argue that Moore's article was not a
libel.
Witnesses against Smith and Moore were procured by intimidation. Smith's
friend, Dr. Phineas Bond, first refused to answer questions against Smith.
He was thereupon found guilty of "high contempt" by the Assembly, and
thrown into jail for an indefinite period. After a few hours of this treatment,
Bond changed his mind and gave testimony along with other chastened
friends of Smith. Anthony Ambruster, printer of the German paper involved,
also proved an easy mark for the Assembly. At first refusing to
answer certain questions, Ambruster was committed to jail indefinitely;
after one day he begged the Assembly's pardon and answered all of its
questions.
The "trial" of Smith, with the Assembly functioning as prosecutor, judge,
and jury with its verdict already pronounced, proceeded to its foregone
conclusion. Smith was denied the privilege of appeal to the king, and was
sentenced to jail until he should purge himself of his crime by humble
submission and confession of error. Smith proved a tougher nut to crack
than the witnesses. He rose to protest his innocence and, "striking his hand
upon his breast, assured them no punishment they could inflict, would be
half so terrible to him, as the suffering his tongue to give his heart the lie."*
Smith also had the courage and the vision to invoke at least fleetingly the
freedom of the press as part of his defense. Smith's noble and dramatic
speech moved several people in the audience to burst into applause. They
were of course promptly arrested, and only released after being forced to
beg the pardon of the mighty Assembly. As for Smith, he was returned to
jail for an indefinite term, and the sheriff was again ordered to disregard
any writs of habeas corpus.
The embattled Smith and Moore petitioned the chief justice and the
governor for habeas-corpus writs, but the highest court ruled that while
the Assembly sat in session its power to punish for breach of privilege was
absolute. Smith and Moore were only released when the Assembly was recessed
in three months' time, but they were arrested again in three weeks
when the Assembly reconvened. Fortunately, the Assembly adjourned for
the summer and the hapless prisoners were again released. But, on meet-
*Levy, oþ. cit., pp. Í8—59.
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