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

charged the accused with the authorship of a false
publcHtioO MIR. S. called the attention Of the
this word f.lse BY this insertion in ,lc Indictment
particular character impaired that Instrument
that word might have been omte,bu, being there the
door was closed to any escape ON it, and the prosccn
ton must submit to all the consequences. In order To
show the difference Mr. $ would recapitua,c the
mon law legislation and decisions which related Ia thu
sabJect Before the Institution of the odous Star
Chamber the proof of,he truth was never rejected in
libel case hut when the dsg, aceful tribunal appeared
new doctrine hitherto unknown started to answer
the MS of tyranny and dcspo'ism. The truth of c
libel was declared to be immatsral, its tendency to pro-
woke breach of peace, was by fiction of law,
Ell as certain in every case and juries prohibited
IRON viewing it in any other ght-its truth and its I'M
p"ftance to liberty considered aggravu,ions of the
misdemconors. The court knows what dc!eerious
effect establishment Of the Star Chamber had upon the
the gennnesprinciples of the common law. The court
knows that extraordinary tribunal was established. The
object aimed Thy the reigning power in Eng land was
the subvcrsion of the ancient liberties of the people.
They wish to open large door to the invasion ofpowcr
and to the oppression of the CITIZEN The effect of
the Star Chambers decision soon preceived. In
vain d ,yra ny cneavour enfrce it, in vain was the
wrath OF despoti1m raised against the dsobedien Jur-
ors were found, who by their iudependancc love of
Liberty and RESI- Get for their oahs ress ted the efforts of
power to crush the citizen and smother the truth The
doctrine was regulated by every honest heart and
though it was proclaimed by imposing and terrible
authority it became compar nuly when juries
OF treeaen called upon to enforce it, So rrruuent
and earnest had been tn, opposition of lres to this
outrageous principle that in the reign of Charles the Cd
II was found necessary to doct,ine still more
absurd and fatal liberty. The Judges pretended, to
| ne" authority, new privilege. A than subtle
destincti was drawn Lctw the law and the fact
the case The law reserved for the court alone
ana die bare fact was left 10 the jury. Then came the
famous censorship law, ridiculous ind o,ous in the ex
reme-t gave 10 the high Chancellor the examination
o' all law books to the secretaries Of the charge
Of works q" his DRY AID philosophy and the censorship
OF fictitious writings novels und the like was n,tus,edt to
The Archbishop Of Canterbury !-;s if the holy office Of
that preate best qualified him judge love stories and
dtueS Nothing was allowed to he printed hut by the
Pcrihssio" OF these three. But honest and independent
jurcs again did justice to these laws they branded
them with tiffany they said avaun, to the sayisL doc
| um; they declared the accused innocent in casrs
where evidence OF the truth withheld; and tnev
Numbered in the ears of power the assertion Of the
rights OF reemen, ote lights to premugn,e the truth
and of the sacred liberty OF the conscience jurvmau
should enjoy They declared their adherence Of the
| tyranny OF which it was attempted to make them the
tools and m'lous; they proclaimed that they we re
"ceh'eh ana not slaves. Ihc nol,cs of liberty is
the freedom Ct speech, aud for that reason all uempts
to repress IT, and place it under the controul of power
have been resisted and Ultimately defeated The user
patton OF The star chamber doctrines continued in Eng
land down to the year 1884, when the genius of Erskne
redeemed the press in measure from its fccrs In the
| ease OF the Dean of 81 4 snDh nrIM I,IJ 4
that the law was settled, that the truth could not 90 to
the jury that the greater the tru the greater the libel
and that the jury could only find the fact of public
cation leaving to the Court decide the law But the
irIghtful genius Of Mansfield made to turn pale and
'rsmhe before the mighty and pure genius of Erskine
letso great was the influence Of power over the mndot
Mansfield and his cojudscs notwithstanding the utror-
ney general rose i'll his in presence of the Cont and
declared that FL skine was right, that they decided in
favour OF the dcspotic RUE. But the Commons imme~
dlatey took up the vital question: and passed law
"hch was accepted by the other branches of the Gov
eminent, decaratory of the Common Law that nil the
points IN issue, both of law and Of fact in questions of
"ee should be submitted to, the jury thus deciding in the
last resort that Erskine wes right and Mansfield wos
wrong ablishng the common law upon its old oun
dahoh overtlrowing the inquoral preentions of the
Judges saving the trial by jury from destruction redeem
ing the conscience of the JUROR from a,temntcd dcto
ton and saving the liberties of old England from tol
overthrow So now the doctrine Of the Star Chumher
that the greater the truth the greater the libel is de 3D.
ltexercSes in England no longer any influence, nor ,
single hair Of any heeans head any more be legal
" harmed by virtue OF 20 palpahlc ubs,rli,y. The
law had told the Judges stand back nnd TO On M IA,
Their with their usnrImlions. So that it would seem
that the common law only when perverted and polluted
has invariably consecrated the right of letting in the
truth the sacred truth. Who is not the friend o.
truth who should seek reprcSs the truth!
What has been the of decision since 17ol7 c
MIR. 5. would acknowledges he wished to discuss
the question with "nkness- that the doctrine of non
amitabil:ty Of evidence prove tetrut still held IFS
place in snme of the books general principles, hut the
exceptions were numerous and broad that the r,le
was almost always admitted som, ground o, other
When the malice could be discovered from the face of
the libel the truth would not Justify it. When the in
ton 10 dcfi"c was self evident the truth could nor b..
presented But Webster makes talsehood part of the
definition OF the word dcimotiou so the inlen,o; tn
propagate 'aschood should appear Il, once or an en-
curry must take place to the truth of the natter and
me intention OF the party. This thea is the disnc ton.
"'e" inc malice clear, no further enquiry neccesa-
ry; out when the q"o ammo is doubtful or does not
appear then fu Investigation must take place the
prosecution must prove, and the defence may rebuilt and
IN such cases he who speaks the pure language of the,
sacred truth is not to be presumed to have been actuu,d
by malice. Truth and mucc are naturally ucon,no,
ble Malice will always lie she is never contcn, will,
the arms Of truth, she sruhess and sops ot no exne
dent TO aid in her vile and selfish purposes; but he who
confines himself to trl,hto Truth which he cnn nrove
and who stands responsible for his words rynces an
honesty and noblcness Incompatible with drly mn ice
me great error OF the prosecution is suppose that
malice Is To be presumed from the mere ia Il of nuco
ten The truth is IL Justification of II alice when
malice Is e\ dtnt, but il mrlice does not show Itself il,
must be made 10 APPEAR by ,ilr,c:. Thus wien
h"H is pnbShrd FIR justin ute euds; Won m,.t. Il,
prove malice, not only show iustifahl ends bu, trvfb
Certain publications can be made to appear malicious
only tiom their trhood: for instance there u. ,,sses
OF facts which belong The public press OF these ARE
the class which come w!,hin the laws ON Sruu,i,,w
Mynntnm. The free investigation Of the 6 u},r, ,f
pubic servants md the like essential to the
liberty of III, press, nd cons ,1ucnrlv tlsrho,d
alone int he censorship otpulic men is to be puui she'd
Here, at the request OF the Judge, Mr. = explained
the d l~'ncii"n between Sramiulum Magnatum and
llbcl Famosi lie quoted Holt, Winlall and Black.
stone, to ltustrie his rnsitiu and argued that in
eases of >candnlum Mugnatum i absolutely neces-
sary arge the E,ischood Of The li!l nnd THAI The
prosecution having made the allegation in this case
they made it Of scandalum ma gnatun and had
put the question Of truth truth at issue.