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

7. W. Moore-This gentlemen. editor of the Red
River Wing, has been deliberately sAot deud in the
streets Of Alexandria, by King llolsein editor Of the
Republican. Rols,ein has decampeI, it is said.
CRIMINAL COURT,
Continuation Of FRIDiY'!s Proceedings
State Of Louisiana,
john Gil Tor libel
From Sundays Edition.l
(Co"tinuatoa Of Mr. Cohen's Speech)
The attorney for the State had cited the statute rela
tive I" suits for SANDER led Moreau }}) which declares
that in GIRL suits for SANDER tcunaIlon or libel the
truth may be given in evidence. He considers this
suppose, affirmative containing a negative rreg.
nant. But can sacred rights he taken away in this
manner by na "erpressio unius, operating crciusio
nHcrt"S" Why did not the Legislature enact that you
coni not give truth Indictment for libel! Itmay be
argued that helegisaturc did not enact bccauscev
though the Law already. 1t was very useless for
the Legislature to enact that, in civil SUITS the truth
might be proved, for the law so already and every
lawyer knew it; and law relating civil matters can
not furnish negative pregnant to determine the in.
terprctation of criminal law.
Does the law punish crery breach of the peace Are
assault and battery ,sy, is not homicide jusiahe
dcttddendo In these cases there is actual breach
in libel there is only oHegcd tendency to breach of
the peace. But it is commended that in libel the party
indicted can not Justify this mere imputed tendency be
the provocatI"n however great, the statement however
true, the intention however pure Yet is well know
that in the above instances Of actual BREACH viz u.s.
snut and battery and homicide the en,ntv must be
proven, and evidence is always received to show the
motives and the malice 1t that it is only where
the liberty of the citizen and the right OF free dis
cussiun involved, that you cannot offer testimony of
good intcnons-one evidence or test Of which NAV he
the truth OF the statement in the SO called libel Thus
under the doctrine commended for by the State only
where holy liberty may be eleven down. TINT Jury
would he worthless, and the trial by jury must cease
to be palladium Of our ights and become solemn
mockery.
The indictment in this case charges the defendant
with having published fIse and malicious libel If
1t be unnecessary to prove dsproye the tuschool
why shonld it be alleged? The rule of excluding the
truth OF the statement ia lib ry and good govern
ment and prevents public discussion. II the truth be
lm'naerial To tn, issue, why does not the prosecutor
confess the statement alleged. Ter him say it is tue
and take the consequences. The first su question of
common sense, on reading publication Of the kind
charged in the indictment, is the ;nquiring-is tins
Thing true II shown to be false, malice is the llvaria
bic inference, and If Clsr why refuse investigation?
Mr.C' quoted number of authorizes to show that the
truth may be adducel in Justification. If the State be
allowed to prove malice, why not admit evidence to
rebnt! What is gained by not admitting the cvidenc.
otthe truth OF the statement little te-ur little
trouble avoided Can any time be inportan, when
mortal principles are invo!ved9 Can any trouble he
too great, when taken to do right and Justice?
One principle on which the evidence, true or false is
excluded, is that evidence must be admitted which
10 not conclusive. Every case of circumsantia evil
dence is made up of parts each Of which taken sepu
raely is Insignificant. But when all the circumstances
are taken together, they form entire BODY forcing
conviction upon the mind.
Mr.. c. argued further, that it would seem to be the
doctrine of C prosecution, that every thing but sacred
truth might be admitted Was this reasonable? lie
required to the principle that nothing was law but reu-
SON. II were otherwise, how difficult would be for
the citizen to understand and preserve his rights Mis-
cradle the scwi.ude where the law is vague ard I'M
known"
Under the law commended for by the Attorney Gcner-
al, no freeman publish any thing serve or save
his country, without fear of prosecution. Establish the
doctrine he con,ened for, and liberties are at an
end. Every line you write, may scrve the malice Of
your enemy, and enable him to throw YOU into dun.
gcon
Mr. {. quoted Authority to show TINT ut pre- sent the
prevailing doctrine regarded the introduction of ties
rnonr, is that objections vii! go rather the CREDIBLE
ity, than The alnssbilhy.-1hat doctrine ought to
ir app lied to this Let tn urs hear the evidence
Let them weigh it and decide. Was it not absurd that
The evidence should be withheld from the ilrv that it
should be improper for them to hear j., and yet the de-
PENDANT is allowed to adduce the judge in mitigation
after the trial iit is proper a, the judge should hear
II, where is the danger of presenting it to the jury
Shall we lose the experience of thirty years And
shall the provision of the statute which dho,ises the
changing of that which ought changed in the COM
mon law when applied I" our stale, be unavangs
Change 1t from the venue Of kingdon that Of
pHhlIr chang" it from rule for subjects of monarch
I" law Tar ireenen and patriots Change it from
country where the press is trammelled u land where
ITS freedom Is recognised in the hroarst terms and
has a'iIcd tor al the Nprn<e Of blood and rca s,rer
NIrC quoted the decisions IN the of the seven
bishops, Horne T"oks Lord ltussclnnd of the Dean Of
- Asaph, sh"" ing how they appl, c, the case that
evidence may be heard by the Jury the question
{" rh'i, TO show the gu" amino, and To explain and
justify the publication. The character of the accused
could he Fro'ed, his previous writings, though written
l. years ag could he read the trial The prcise
INIT to tn" introduction of testimony had never been
defined. The best rule that OF common sense
near the evidence aud let ii weigh what is worth
The doctrine the greater the truth :be g,ca,cr the
H'ei works this injury that never K lows when he
lis sne-lIe uny knows that he is writing ,ruth-bu
that (they say is no defence. Better would 1t be TO
restore the censorship of tue press submit all ones
thought To the state attorney.
With these clogs and letters the verv mind wand |
become. manac ed-a nd no independent Editor could
give out his manly medarions without the fear of ncr
sccuton far libel before his eve; aitho all he wroe
were perfectly true. This would be to W rite with the
sharp and gering sword Of DamocIcs flashing in his
eve, and suspended his head bv II single hair
This would be condition of terror and slayedom |
whence high thong and brave resolves worthy grcat
and gallant people, could never enanate.
Mr.. Cohen here commenced the reading of the case
the People CrosweI, Sd Johnson but was interrut
ed by the Court, the hour for ournment having arri-
we'd. Mr.C observed that he would leave the furrI.
consideration of the ject his very able col enrues
Mr.. SOULE sid, the time which had ELAPSED since
the adjournment Of the render il necessary that
facts should he resraed. He reminded the court thsr
by the wording Of The Indictment the defendant wus
charged with being, only the author Of a ,uoy,r,o,
hs affecting lie peace Of the state and directed par