The Northern star, and constitutionalist. [volume] (Warren, R.I.) 1834-1837, 1835-06-06
NEW SERIES NO. a..
From the Boston Morning PosL

upon the law of libel. 1t will be found
worthy the consideration OF lega! gentle-
man also, aud is interesting to the
whole community, as touching subject
which relates to their dearest rights. IL
is written with great cogency and perspi-
Guilty, and j, appears 10 US, irresist,bly
proves the illegaity and unconstit ution-
ality " the present practice in tho cases
!, to which it refers
LAW OF LIBEL.
1t has been the practice in this Com
monwealth, we believe, for II long series
Of years, to indict persons for publishing
what have been alleged to be libels upon
individuals, societies or corporations.
This ibelling has been made a crime, not
by statute law, but by Judicial Legislation,
under that broad cloak, which like charity
covers a multitude OF sins, called common
law. The law generally referred to in this
state by all our astute lawyers, as legal
lzing public indictments, is the decision
made by Judge Parsons in the case Of
the Commonwealth vs.. William Clapp,
Tried at the March term Of the Supreme
Court for Suffolk county, in 1908, and
reported in the fourth volume Of the Mas
sachusetts Reports, page l63. The de-
iendant, one William Clapp, was indicted
for making and publishing libel against
one Caleb Hayward auctloneer, and post
ing il up in State street, in the following
words, viz "Caleb Hayward is liar,
a scoundrel, cheat, and "a swindier.-
DOME put this down"
On the trial the defendant insisted on
his right TO prove the truth of the matter
charged IN the libel Justice Parker
presiding Judge, over-ruled this and the
defendant was iou.d guilty On the mo-
tlon lor a new trial Doiofe Judge Parsons,
the counsel tor tne defendant touiendsd
tor these poihls .nat tAe Juiy were not
confined 10 The mere ..ct 90 tie pu0llcA-
tion but ought 10 inquire into lae ruth
oi the WORDS spUken, and the inten, With
which they were published That 10 pu-
dish the truth wan gopa motives aud for
Justitiabie ends, whether upon public OF
ncers or private individuals, cannot be
Ilbelous That the opposite doctrine,
that libeller is punishable, although the
matter of the libel be true, originated IN
HE. Star Chamber Court.
Otis, senior Couasci for tho defendant.
contes de5 i..r tas t.ghtsos ths h.es. @si,.
izens Of fee and elective reput,ic 10 =
speak and publish the truth respecting the
characters OF men in office, and cand-
dates for office and that Hayward, as an
auctonser, was appointed by public au-
thorily.
That in a civil action for libel, tho
truth Of the writing of is "always recei-
we'd as a good and sufficient defence"
Tho Solicitor General on the part Of
the government contended, That the COM
mon law was in force in this common
wealth, and that according to the common
law, IL is lmmaterial with respect to tho
issue of the libel, whether the matter be
rue or false since the provocation and
lot The ialsIty is tho thing to be punished
The Attorney General stated, that the
common law definition of libels, shews
hat its guilt consists not in private injury =
If the persons scandalized, but IN It's ten
ency to promote quarres and breach
II the peace. In The case of Douglass,
n England, it was decided that ON an in
for a libel, it is not necessary
hat the libel should be alleged to be
alse, because it is not necessary to prove
ne libel to he false.
"No particular decision of the Courts
ere, adopting the common law upon this
oint, before the framing Of the Constitn-
ion, is recolected I; but il is the constant
ractice Of the Courts in their charges to
a
er subject for their inquiry and as
lere is no statute anmadverting on this
Deces Of offence, it must be in virtue of
le common law that taey are charged.-
the crime exists only by common law,
must be considered as existing with all
y rules and circumstances, which the
,mmon law annexes to it,"
Chief Justice Parsons, in giving the
oinion "f the court, says: alt is neces-
'ry to consider what publication il libel
rs, and the reason why a libelous publ
,tion is an offence against the Common
eaith. a lbttfs'a maliciocs publica--'
on expressed either ia print or writing,
: by signs and pictures, tending 10
acken the memory Of one dead, or the
'putation of one who is alive, and expose
IN to public hatred, contempt or ridi-
ile."
"The cnusc why libeous publications
e offences against the state, Is .neir d.
ct tendency TO a breach of .ns public
ace, by provoking the part,.. injured.
ID their friends md families, TO acts of
venge, which il would not be easy 10
strain, were offences of this Kind not
verely punished
"The essence OF the offence consist. in