Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1839-07-18
CONVICTION FOR LIBEL.

Mr. Nicholas editor aud proprietor Of =
paper called the Budainnian. publi,he,l at rnaa-
10, y \. has been cony icicd u a libel upon A
Mr.. Stow. a lavyer. and sentenced - impriSon-
ment for four months and 10 pay a Guc OF $50.
O'her indictments for similar Offences are pend
ins against him.
In prprouncinS the sentence Of the Court, the
presiding Judge said:
In the puui,bmeat OF an editor or pro-
prittor OF paper for libellous publica-
ton, where the attack is anton and with
out Justification, Ne aim no blow at the
liberty OF the press. II does not belong
10 the genius OF our ins'i,u;ions TO abridge
that liberty. The shield which the Con-
s,''u'ion interposes Tor Its protection. is
ample and sufficient; and the press has
no restraints upon II but such as the
peace aud safety Of the community de-
mand. Thus free, 1t is a mighty engine.
and when well directed is n blessing IL
correctS error promotes whatever refines
and elevates our nature, iheulcates a res
pect Tor the laws, and projects every inte-
rest dear 10 a tree people.
But licentious press is the very oppo-
cite. 1t is an abuse ofthe freedom secur-
ed by the Constitution and is curse in.
stead OF a blessing. II recognizes no
limits. and Is reckless of Consequences
II strikes of the innocent as well as. the
gulliy-pcisons the public .mind-mali-
cious!y and wantonly blsckens repu;aiioE
-invades the sancti,y OF domestic life
brushes the hopes Of happiness Of families
and disturbs the peace OF the commu-
nifty, setting the laws and those who adj
minister them at defiance. To which Of
these objects, whether TO a we'll directed
or a liceniious press, you have devoted
your talents aud attention. your own con.
science will inform yon. Certain II is
that you have been convicted Of one gross
violation Of the law. Another Indictment
remains against sou 10 this court, contain
ing charges similar TO those upon winch
YOU have Just been tried. Our records
also exhibit evidences Of breaches Of the
Phblic peace. produced by the inilamma-
tory publications Of your paper
This Court has no feeling to crafty in
your punishment. II Is always painful 10
us 10 Infl'Ct pain upon any individual Bot
IA this instance. as well as in all others
however unpleasant the duty. 1t must be
Faithfully discharged.
To the tribunals Of the country. the
people look for just and fearless admin.
isiraiion Of he laws. Whenever Courts
and Jaries shall falicr in the execution Of
The high trusts committed 10 them, we
may expect the loss oi public virtue-ihe
sbuse OF liberiy-open and shameless at.
Temps 10 subveTt the Wholesome order OF
socieiy-snd in the end the prosiraiion
OF our best institutions. IL is our inien.
ton 70 avoid any such consequences, AZ
FAR as a sirict discharge Of duty Oh our
part can avail.
We see in you. vioIstor IF the peace
- the malignant asperser Of respectabls
add good citizen. We conceive Ourselves
bound n hold you mp as an example 10
o'hers-and by the sentence We shall
pass. TO admCnish YOU and others. that
all similar and future inlraciions Of the
Law, will be- visited by this Court. with
punishment amply sufficient to correct
the evil complained o."