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

not only that the truth Ind been told Tut that it had
been told i" the discharge of moral duty to the public
and for the purpose Of castsing outrage upon soci.
ETY.. In this as in all ether crimes the malice and n,en
ton ct the party constituted his crimnaliiy. That mall
ice was question of fact resulting from the evidence,
anu though 1t may he presumed in some instances,
that presumption may alN avs be rebut'cd.
Mr. T. here read from I'd Sarkic 1885, an authority in
support "his proposition. He illustrated his position
ny several examples, showing the necessity, in many
instances OF hearing the TRUTH in order ascertain the
absence OF malicious intention, Suppose q mer-
cnant clerk should run away with his employers mo-
ney, and the merchant should publish him-world the
latter be not permitted TO prove the truth ofhis publica
ION, and would not that proof exculpate him from all
charge OF ma!ice7 True, tile merchant would he &C.
t"aed parity by his private feelings, yet the benefit
| cru'ng t" to the community would acquit him.
MIR. r. commented upon the .odipus and despo,c rule
of the Star Chamber. which declared the greater the
truth the greater the libel. Such doctrine was shock
ing to the common sense of the community. II could
not apply to the institutions of this country, where the
liberty OF the press is sacred, and an honest Jury
c9udn"t enforce it. The doctrine was ininicaI to 20.
lticn liberty.
Gentlemen seemed to consider it II great outrage tha,
| "
posed hut Mr.. Z. considered that society ha.. deem
interest at stake in the preservation of tina, liberty of the
press which reaches aud holds up public scorn the Sc
mlsdemcanors that bring and disgrace ,,pon the
weak and helpless members of the community, and
which Tor instance eXCles the moral indignation of the
public against til: Senheaamy vice of seduction, to
PUNISH which our laws were powerless. Mr. p. ave
us an example, the supposed of preacher or ply.
| SlcaU, who SIOuI1 nv y;rtu NC
ter Introduce himself into the institution of the Sisters
OF Charity, or of the Female Orphan ASYLUM, and by
his and hypocrisy succeed in oIlu,ing Que of its
innocent and helpless inmates. Would not this be a
proper case for the casgntion of the public press
Should not editor be allowed to Justify HIMSELF under
such circumstances, by giving truth in evidence, when
brought up here on charge of libel for having exposed
the villain TO sucha case, undertake to prove the
prcsen, is parallel.
We have been told that the remedy would not be q
public exposure of the crime by means of the public
press, but that Il civil suit should be instituted
Tor damages But how often do the perpetrators of these
deeds prove to be mere birds of pnssnse-pennilcss adj
vrnnre's. No pecuniary reparalion be got from
su" men. They often leave their poor victim houscIcss
aud unprotected, they throw her upon the wide world
an Object ut charity or pray to vice. Had the unor.
tunate victim father q brother he might take tn,
villain by the throat and compel him 10 taxi. the
injured girl to his bosom. But hcn drprivcd of sucl
protector, shall TIE guilty wretch escape unpunsIcl
or shall the press deal to him that retribuye hustle
he 80 richly merits Or shall he be allowed in III,
face Of truth and with bruzen alronery to seize upor
the sword of Justice to cleave the patriotic editor who
shall have boldly held up his gencmnnly vices To
sccrn If instead Of the defendant the father of the
scduccd girl had ummasked her destroyer BY publico
ton, this IRON rule laid down by the prosecution woufG
apply to him. and he would not be permitted to- jusrit,
himself by proving the seduction. This outragcou.
rule contounded all cases together, left the Jury in tn,
lark and prevented them from judging of the merit. o
the case before them, acquiiting the innocent and pun
ishing the guilty.
| Mr.. l.. quoted the constitution of I.nui lana II
guaranteed the right of freely speaking and writing O,
every subject, but according the prosccu,on attic
perfect freedom granted, that freedom could b,
used only condition of paying 1000 dollars and goino
to the ca'ao"sf for two years. Is possible that ri-
should be the true meaning OF the constitution! Com
mon sense repudmtcd snch interpretations. 1t was
worthy OF remark that the under which the prose,
cuton proceeded, WAS passed before the formation Of o
State Constitution Is consistent with that Cous,i,u
ton In other States the same liberty Of speech is
guaranteed, and the constitutions of those States at the
same time explain what they mean by this guarantee
The declare that the ,ruti, shall he admitted in cv
dcuce. Is the guarantee in our Con sttntiou the less
complete, because Of the absence of this rxplanator,
clause. Take it in cunnrt ton with The spirit of on
institutions, ana it explains itself.
! (7o be confuurd.J