The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-12-25

one VINO assumes the Office of publick teach
er OF piety, religion and morality as in that
OF any Of their magistrates? Why should
they not be informed of bis un6tness for the
high Office he holds, as well as of the bad
character or want of qualifications offs pub
lick officer or candidate for an elective Of
fee 20 We can see no distinction between the
two cases, except that less ample eridence
might be required to justify publication a.
sainst clergyman than against m, .istrate,
on the ground that the usefulness of the one is
destroyed by much fewer instances of niscon-
duct than would be sufficient to impair our
confidence in the other.
But our object, in this article, is, princi-
Pally, to excite inquiry as to the sound
ness OF the general principle, laid down by
Judge Quincy, that, on an Indictment for a
libel, :" the truth of the allegations may be
proved, }" because" the intent and motive of the
publication''is matter cfinquiry. Now the ques-
ton will probably occur to most readers, how
can proof Of the truth Of the allegations set
tie the Intent and motiye:" Suppose tl,e
publisher Of newspaper should invade the
privacy Of any family, and proclaim to the
world the faults or frailtes of its members,
would it, for a moment, be maintained that
" the truth OF his allegations might be proved,
to show that his intent was not malicious ?n
Admit them TO be true : and how is the malice
negatiVed: what right has printer to ex-
pose family or any prirate man to publick
hatred, contempt, or ridicule? 1.-THE cause
why libellous publications are offences against
the Stdte is, their direct tendency to breach
OF the peace, by provoking the parties injured,&
their friends and families, to acts of revenge ~
| and the offence does not depend at all, as we
can perceive, upon the truth or falsehood Of
the publication. The peace Of the commune
ty is endangered by the publication itself; aud
by no means the less so, even If the allegations
1t contains be true. In the case, therefore, of
prosecution, by the publick, for libel upon
| Prtrafe man, we are utterly at loss to con-
ceive how proof of the truth of the allegations
can afford the least justification for the offence.
II the law does admit such Justification, then
| It holds out encouragement to d isturhance
OF the publick quiet, to quarrels and to blood.
shed; and it is hardly worth while for it to
punish the petty breaches of tie peace, the
comparatively Insignificant " assaults and bat
teries," OF which it now takes cognizanoe.
We certainly do not intend to say that the
la" is not, noW, as declared by Judge Quin-
GIVE leave it to-others 20 decide upon that.
But we do maintain that the good order of So
ciety requires that the Press should not be
permitted with impunity to tear open the recess
ses OF private life, and expose their occupants
to the reproach or the ridicule of the world.
We will always contend for as much s. freedom
OF the fress' as is consistent with well.rer-
ulated society; but we have no disposition to
claim for it privilege which would arm a.
sainst it every individual in the community.
| /" The city government, we End, are deter
| mined to raise a revenue from the power 10
! assess taxes conferred upon them in their
| charter. Having authority to license pt5lick
! stowS and exhibitions, the Mayor and Alder.
men, in their wisdom have seen fit to lew
contributions upon all persons who give lee
lures upon scientitick and literary subjects
| Accordingly we find that Mr.. Phillips. whose
elegant aud instructive disquisition upon vocal
! musick last Tuesday evening, was the theme
OF general COMMUNICATION, has been charged
| SIS for each night on which. he may give a
| lectuEe-and Professor Everett has received
| the same mark of attention, we understand.
from the city authorities, by way of evincing
the love OF letters, so often ascribed to munich
PAL corporations. AS we believe this is a nc
culiar instance (at least it is the first we ever
! heard OF either in Europe or America. in
which literature or science has been subjected
! to an exclusive and injurious tax, we mention
+ 1t, as illustrative Of the proud e-ensi,ence Of
{ Its aterGry emporium, and of the sapience of
| those members of the Board of Aldermen who
proposed and supported the measure.''
The above paragraph is from the Boston
/ Evening Gazette. We do not copy il for the
purpose for which it was written, but merely
to show that spec!fck taxation is resotted to in
Boston, under the city charter. 1t was urged,
last winter, (by over-zealous politicians, we
| Srant,) that such taxation was unjust in prin-
ciple; and efforts were made to persuade the
Legislature and the people, that a resort to Il
would excite the hostility of the town against
the country. We never feared this bugbear.
The people of Boston can have no hostility 70
system which universal experience has PROV
ed to be wise, and the benefits of which
rro,,l4 H.A< Il 4. Al !