Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-05-15
From the London New Monthly Magazine.
LAW OF LIBEL, IN ENGLAND.

The law oil lIbel-the most absurd, unac.
countable, and Inconsistent section even in ,ha,
chequered code which makes up the laws Of
Eng LAND, and in which the wisdom and the FOL-
Iy Of many ages are blended in the most nhlr.
monious incongruity-calls, perhaps, more
loudly, not merely for revision, but for ,o,s;
re-modelling, than any other portion of the
thou nd and-one heavy tones; and although
no announce nent Of project to this effect has
vet been made, we know, from he Information
of senator, the very best qualified for framing
such measure, and carrying i, (if sound phi-
losophy and splendid eloquence can carry i)
that such measure will be brought forward In
the course Of The session, and, we hope at no
remote part Of it, We grant that a power So
tremendous as that Of the press Of England.
may be used against individuals, not for the
purpose of annoyance merely, but for absolute
annihilation; aud that, let man be ever SO for.
tilted with the attributes Of wealth, rank. IA.
Tents; or even virtues, The press, Indignantly us.
ed can cxpel him from society. Hence, We
admit that the public-that is, the law which
is made for the protection OF the public, should
have some means Of taking care that the adm.
nistra,on Of thing SO potent should be honest
and judicious. Like the more vigorous medi.
cnes-the treasures of the healing arl--lhuse
energies winch render the press the balsam Of
life il: the hands Of the upright and the skMa,
turn it into the poison Of death when it is g.
noran,ly or maIiciously given; and therefore
there ought 10 be some security, that it shall
never be applied with bad intention AS the
law stands, however-or rather as the total
want Of all law stands-the good and the evilot
the press are subjected to the same restriction;
-,
sklful manner, and with the most beneficial in.
tenlion, for restoring or furthering the public
heah Of the country is liable to the very same
punishment as the wretch who, for the grani-
caion Of private malice or revenge, uses it for
felonious and murderous purposes. Any thing
that is written respecting any man, may be COZ.
strued into a libel; and, in extreme cases, the
! only facts that have to be proved are the fac,
Of publishing, and the identity of the person
who makes the complainant If, indeed, the
complaint seeks damages in civil action at
common law, the parry may plead the trulh;but
even there, the truth does not go to the jury as
matter OF evidence.-lf, again, the proceeding
be by criminal information,,he party compare
ed OF may expala:e upon the Justice Of what he
has published; but, here, again, the truth and
propriety of the matter complained of are no,
received as evidence.-In obtaining a rule, in.
deed, there may be Cause shown against III.
rule; and ifthat cause shall happen TO satisfy
the reason, or fall in with the feelings of the
Judge before whom il is shrwn, he may dismiss
the application; but this places the whole mat.
ter, which ought in strict justice to be with the
jury, in the power Of the Judge as an Individual;
and as the time has not yet arrived when pub
Inc men can look upon the press In a perfectly
fair and disinterestel manner, the discretinna-
nv power OF the Judge does not tend in any way
to the safety OF an honest man, who stands for
ward, and, for the general good of the pubic,
Calls villain villain.
These cases-these two several modes Of an.
plying the same rule and the same punishment.
to the innocent and to the guilty-are bad c.
noush; but worse remains behind The party
who feels or fancies that he is libellrd may
proceed by indictment at the sessions, and the
grand jury, who from the general construction
OF mankind, Cannot be presumed to be intui,iv-
iy gifted with clear dscernment of the inten.
tons with which the publication is made; and
as they receive no evidence that can throw the
smallest light upon this-,hc only mportan.
point OF the case, they must confne themselves
to the simple finding that John Doe is the rub.
Usher, and Richard Roe the party meant: and,
IT they find thus far, the case must 90 TO the ses.
slons, where the party accused is denied even
the benefit Of counsel, in any other way than for
cross-examning the prosecutors witnesses;
and'as these witnesses have nothing 10 prove,,le
defendant is left open 20 the certainty OF a yer.
dict procured byaIl the ingenuity, all the quib.
bling, all the sophistica,ion which the pros.
ecu'or can hire against him In consequence
OF this, the law OF libel is one of those breaches
in the security Of individuals, through which
the brigands of the profession can make their
most successful and r1urderons inroads; and no
matter how black may be the character of the
parry which the press has had the honesty to
expose, or how unequal he may be to the pay
ment OF single sx-and.eight pence, there is al
ways TO lie found some hearless and hungry at.
torney, who will undertake the case for share
oil the plumber. We need not 90 far back into
the annals Of pettifogging, or probe into the
darkness Of ignorant ages, 10 find instances OF
this legal and moral abuse. We could quote
them, recent almost as The last new moon,were
II not that the quotation would also be libel; &
instead Of exposing the villains, we would be
made to pay the wages Of their villany.
The proposal TO which we allude, will, If car
'ried into effect, (and he who means TO propose