True American. [volume] (New Orleans [La.]) 1835-18??, 1839-07-06

se1cices OF his daughter The fiction of law makes the
loss OF services the basis Of the action and vet duke
Ill such suit would recover heavier damages than a
peasant although TO the latter, the seruices Of his
daughter ae OF real Importance, while the duke loses
no services, for noble lae Of course do not labor.
husband brings an action for seduction of his ife
NE hcuon requires that his action should be based upon
u" alleged loss OF the society of his wife, although he
may nave been thousand miles off, and voluntarily sep
a'"ed from his wife at the time OF the seduction. Tho
oy the seduction no loss of the wes society could oc-
without the fictitious allegation he could recov
Ct noth'ng. Many wrs are brought under the surpo-
seo names OF Richard Roe and John Doe, and on this
point Mr. u related ludcrous instance which lntey
occurred at the Bay Of St. Louis An individual re-
ceVed process as taken out by Richard Roe and John
oot' charging him with respass upon their lands
lie treated the matter lightly, never having heard of
e'ther ct the individuals named, when lo to his as.
'o'shment' short time afterwards, the sheriff came
ana busted him from the house and lands not for John
noe ana Richard Roe but for neighbor, who pre-
'ehdsd TO better title By fiction of law the real
claimants did not appear plaintiffs and to this day
'he poor man is at loss to conceive the Justice of lila
expulsion from his home BY these men Of straw Roc e.
Doe. The snppostion that libel has tendency to
breach OF the peace, is also of the ctions Of the
common law Edmund Burke tells II. that printing
wns not known in England much earlier than the reign
OF Henry the 7h, and in the Sd year of that reign the
Star Chamber was established. 1.-THE press and its
enemy are nearly co equal As no positive law exist
ed ''hels fell under the indefinite class of misdemeouor.
anu that court having been instituted mainly for the ,ro,
VI hshemeanors having u tendency to produce riots
anu sed'tlons the tendency of libel to provoke
ofeach OF the peace was alleged merely give the court
Jurisdiction. Thus fiction gave coguizance of the
case, and now that fiction is generally alleged as a
'e"so" Of the law of libel understood by the prssc-
cutiun.
But in point of fact, does it have the tendency aleg.
IL SEEMS not for the result gives the lie to the c.
on. Instead of breach of the peace it has caused
''''a' prosecution. BIT the pretended tendency to
provoke fight he the reason of the law. Why is dis.
JUNCTION drawn between printed and rira roce libel,
DO they not equally lend to violence? NAV call a
'e'cl'ht s"ndle or doctor seducer, vioator of
moral rust-ifl call him in the public exchange to his
'"'e' nc mas no criminal action against me ; but if
p''t The words, may lie indicted and dragged before
''''''ha court. Would not the words, whethe, spo.
ke or written equally tend breach of the peace
Nay insult man to his face sud len ebnlition
passion may cause him strike me hu, il we are aport
ut the time the insult reaches him. he NAV cool down
before we n eat. I'll call coward or a fool is
not actionable either civilly or crminallv VET Ger,
tn'ny these words to man of heart would provoke n
's ac! OF tue peace. How absurd then to suppose
ms to be the reason of the law and how inconsistent
are these pretended principles; how necessary it is to
appeal |" reason; and as the Apostle says "prove ali
'h'"ss' and hold fast to that which is good.''
ITO be c0utinueaJ