True American. [volume] (New Orleans [La.]) 1835-18??, 1839-07-09

whenever it comparable with the interests pow
the iron rule was made bond with easy faxibity
sat the ca 'lty of the case. Mr. Soule, said ther
were many things within the special domain of
lie prcss--'he reporting of all judicial proceed
lhss was one OF these, the gation of immoral
duct affecting general interest cf the community another
When the press is found to keep itself within these
lnlts malice should h presumed however stern the
truth 1t may publish but at least ought be allowed
10 give evidence in justification. Hawkins says that
before admitting the information the court should make
the inquiry whether the facts be true or not and grand
jury before indictng should make similar
ANY doctrine opposed this would be 1iberticide,
What shall WELD the sword of justice to hew down
the friends Of truth shall place that sncred blade in
to hands that are impure? Nay let dare approach
but who is clear of crime Before you enter wash your
hands at the door Of the temple.
Here Mt S. read passage from I'd Starkie on evil
d"nce Ar, which snys that the defendant can give in
evidence any circumstances which show that what lie
did was done in the fair and honest discharge of any du-
ty to society," He also quoted the same authority re-
ter'lg to 3 Pie Rep. 304, show that the cfc nda,t
may rcpel the charge by proving that the publication
was for lasiae purpose" 1t to be the doc
trinc of kcht he decided in the of the People vs.
troswcl Johns, 837, and he maintains in his com
mchtareS that The truth should be least advanced as
proof orno malice.
What was offered in this case the defendant wished t,
show that he made the publication in the discharge of
daily duy-oue Ufthe hottest duties of The public press
lie wishes to show tina, h. invented story no lie to
excite the public mind and disorder; that he had
only been the echo OF the public voice; that public rll-
NOR had seized upon facts inercs ting society that
these ucts had passed from door door, and had leen
commented upon in public places, (he prosecutor him
self having been prisy by hs and writings to
he d'scl"snre) that these facts had been publicly
KNOWN publicly circulated. publicly commenced and
publicly stisna'ised by the dsapprobalion of every
good citizen, and that lie only 'gave local hulution
to the truth, and the general feeling Of the commune
ty on the subject In doing he discharged a sacred
duy-und now shall he be punished for this, shall lie be
lined and thrown into dungeon for this and shall the
fact be done in the of Juslices
it be true that til, power of the State to prosecute
libel can only be used for the public good and to pre
vent public disorders aud wrongs and eau be shown
that by the publicn,i"n benefit the public and not
injury would result then under the evidence if admit
ted the jury would acqu But the Jury must hear the
evidence, otherwise he trial would be Il sol,nen mock
cry ana the jury mere autonatons, be used for the
condemnation Of fellow citizen Without knowing him
to he guilty. An intelligent jury-a jury OF ieenen
Will tranple upon such doctline.
Mr. :. was not an advocate of licentous press M
more than the States attorney did he approve of the
deviaons of tho press from the true object of its mis-
sIon lie never wished to it the engine of calumny:
but when any press became corrupt the remedy was
alongside OF the evil The only strength of the press
s in the public approval, if that deserts an editor he
must fall the victim Of his folly. The public will
Withdraw It's support, and contemporary presses will
administer the deserved correction. There was no ne
cess'ty OF criminal prosecutions for libel they have
been found vain in all countries; they rather cxaspc
rate than check and frequently instead of punishine
malice, they become mere y the instruments of malice
and oppression.
Mr. $. then proceeded to read the Niece charged in
the indictment as hbellous. lie remarked that in no
place the name OF DR.. Hlackie charged. Now sup
pose that one of oldcs, and most respectable Cit
zens had been Intended Mr.. a. Cavalier, for instance:
tAat he had implanted ut the bar of This court he
would be placed exactly on the same footing with one
really guilty OF the things charged in the libel In one
instance the defendant could prove his WORDS bv the
writings OF the prosecutor himself; while in the other
he could show nothing; yet The two cases would, by
this absurd doctrine, which refuses the evidence he
| placed exactly the same footing: one would he
screened, while the other could not defy his ca]umno
tor t" proc his words. This doctrine is of benefit and
advantage only to tho guilty. Oh if such is the law,
reason repdiacs it, is contrary to conscience and
honest feeling. Common rcpudates H. the pu,-
nc sl'lt condemns it, and it violates primitive and
fundamental principles which based our liberties
-our HAale"0he liberties, which no law can ulridc
or take away.
| We hive been asked in language humid with unc,jcu
nd ~ IA II Il
iShed, who would to crafty private malice, cxhume
the faults. long ioigoen of helpeSs female The p,or
cc"on have put The case Of woman, who should in
love and TRUTH that this woman should leave the place
OF her disgrace, go another neiyhborhood where her
hrs' deviation irony virtue was unknown, aud that tIrr",
repentng she should by life Of virtue redeem the err
ror OF a mnmen'. lie asks if the truth of tn, libel
| would justify tn" man who from malice would tear
away the curtain of secrecy which hung over
| the early lie OF this woman No, of course not
The jury would condemn the wretch who should
| I've guilty OF such a black and wuntony wicked deed
But what has this do with the presc case-is this
the case OF Il rneniant wommn-nus there been here
any veil torn away to disclose secret and purloned
au'ts' NO. we have not exposed the unfortunate VIC
t1 but We have aided i'll doing justice to her eceiver
ft us, IN turn, suppose case. Behold physician
cohc9an5 heneah ms professional gravity reacEcrous
desires and PASSIONS Our doors urc open to him. he
possesses our confidence and has free access to our
| family. We call him to our aid in sickness
and in pam. We trust in his supposed moral
character, and his honor as professional man.
We call HIN to the bed side ofour wife or orr uurh,er
and "l7 he fee Is the trvcrsh pulse or pnts forth his
hand to measure the tlrohs of heart yet pure, he
seeks to communicate the biln0us venom of his vile
passion Suppose thai he should aided hy the fac-
ties hls station procucs succeed, and bring Disgrace
! '"td tn" innIly~ Then suppose tina, some init hand
should expose The wretch and brand him in the public
eye j" the press belongs the tInt, of lsiiur and u-
masking such deeds the law in his State is powerless
AGAINST them. On . press drvolves the d.tv Of send
ing forth lis tlnnlcrs against the moral crime inst de-
pIcird I" pour ont the bitter vial Of public wrath pon
the heart OF the hnprinripltd.
The pn SIS til" liberty Of the preSs-nnt Gihson-
- til" tue dciu1n in this c'se-,lc iur, i. its ,,
fortress behind which she seeks To cnrrcnch herself ,re
"l she End her tomb her safety. Gns the press nv
your decree, and lale nisLencanors will become III,
deeds "i every dnyniSrreunts will stalk ,hron oh the
streets fearless OF exposure and UNIV hipt Of Justice
an" he whose crimes the statute does not reach may
d. ~ his accusers, and WELD against them the sharp
sword Of the law.
Ar 3 con' lnd~i with u hope that IL whole matter
m'9iI' be submitted t" the jury, that they nigh, iudue
OF The laws and the factshe quo auirno the truth or
taIsrhoOd Of the pnbration-,l,a the whole should IL,
given to the jury, al the cic Of the case-cluf
rain tIt, ,tn., II