The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-17

invoked. II is not for nothing that Buchanan has
been taken up. 1t is true this philosopher has not
the music, the wand and hesh-colored silk mex
pressibles Of his lusrous predecessor but he rules
and directs subtle fluid and, for aught we know
to the contrary, there is floating at bis fingers ends
the destiny OF all the Richmonds at present in the
field. Vire philosophy
]. FENMMohE CoopER-J w. WEBB-LAw OF
LIBEL Notwithstanding the very disreputable man
ner in which Webb has returned us evil tor good
insolent attacks and gratuitous falsehoods in ex-
change for our petition in favor of his pardon and
the segars sent to him IN Observation-Disclosures
all these barbarous and savage traits of character,
which do not look well in military man, we have
still feelings of compassion when he gets into diff.
Guilty and danger.
For several years past, Webb has been carrying
on war against the private and literary character
OF Mr.. Cooper, the novelist, the origin and motives
of which we never could rightly fathom In this
war, Thurlow Weed, Col. Stone, Horace Greeley,
and others, joined the Colonel, and seemed to pur-
sue Mr.. Cooper with as much temper as they have
recently followed up Captain Tyler. Cooper's pri-
vate character and private history, as well as
of his literary works, were ridiculed abused, and
treated in variety of shapes any thing but compi-
mentary.
This war has been continued from IS35-per-
chance before that-up to the present time. In or
der put end to these constant assaults on his
character and reputation, Cooper, couple of years
ago. having been cut up for ive-years, and thinking
that was cutting up enough in all conscence-com-
menced aseries of libel suits against each OF the
editors who had thus formed sort OF conspiracy TO
put him down. In the majority Of these suits, Mr..
Cooper, we believe, has recovered damages-not
much, however, but probably sufficient to pay his
expenses, while it shows the holy alliance of editors
that continued system of attack, to be carried on
for seven years. war, requires plenty of provender
and provisions. Recently two of these suits have
been decided-one against Horace Greeley in which
Cooper recovered $400-and the other against Thur.
low Weed, who has published very fair retracton,
and is accordingly let off, it were with the loss of
his scalp and whiskers. In all the civil cases, the
trials took place in the interior of the State, and the
decisions of the courts have given direction to the
law of libel, which is certainly extraordinary and
novel. In giving an account of Greeley's case, the
Courier IL Enquirer speaks as follows:-
The time has in opinion arrived when every
press in the State should make itself heard this SUBJ
ject and that too without designing to cast the least
lmputaton upon the integrity or ability Of the Judges,
who according 70 their ideas Of duty biting hat
they probably believe the existing law of libs in its
coors Let us at once appeal to the coming Legislature
TO take THIS matter into consideration and by making
appeal unanimous every thing Of party nature will
cessary be excluded Let enquire in the of the
people whether the con uton in authorising the truth
to be given in evidence, when published with good
tons and for ustifable purposes all Indictment
for libel did not intend that the liberal spirit should
extend to civil suits for the same public tons If
nf Tho thnr ~ oft hn
one case, 1t is equally so in the other and
doubt but the representatives of the psope will
promptly pass such law under the circumstances is
required The only difficulty which presents tselfto our
mlnd IS how petition of the kind referred to, can be
circulated SO to reach every editor in the State with
the least possible delay This think be accom-.
plished in the following Let every editor in the
state Immediately write something which in substance
shall be as follows, viz
To the Honorable the Legislature of the State of New
York In Senate and Assembly convened
Believing that the law of libel in civil
by the courts in this State contrary the
spirit Of our Constitution, and calculated seriously to
abrdge the Liberty of the Pressthe undersigned
specny pray that may I've SO amended as extend to
all civil suits the existing provisions of the Constitution
the State in cases Of criminal prosecution for bels
sc. Sc"
every Editor in the State sign petition Of this kind
and enclose it postage paid to the Attorney General Of
the State with request that he will them be pre-
scented to the Legislature and venture to say that
requet although do not pretend to the slightest know
ledge Of his opinions in regard this What say
bring the subject fairly before the Legislature and we do
not doubt but that will then be promptly and correctly
disposed Of
We have no objection TO unite with Webb in this
movement-and help him through his difficulty
Yet we think that he ought to come out, and make
a manly retracton to MIR. Cooper. To our certain
knowledge he has pursued him with his libels for
nearly eight years-if not ten-and for what secret
motive, justifable.purpose, we never could find
out or discover. We have sometimes supposed that
some private quarrel had broke out between them
for at one time, we believe, Webb and Cooper were
friendly enough to dine together. Sometimes we
have supposed it from political obects-or per-
chance rivalry between James X Paulding and
Mr.. Cooper, which was taken up CON amore by
Webb, on the side of the former At all events the
quarrel has been a long one-and probably Webb
has perpetrated 100 libels on Mr.. Cooper in that
tme-and his adherents in the war, probably twice
that number
1t is time to stop and make friends all round.-
Webb originally got all his allies into the war, pure.
ly from sort Of political sympathy. Perhaps Col.
Stone went into the campaign like "Cowboy 81
the revolution" on his own hook, for we remember
some severe criticisms on Coopsr's patriotism,
seven or eight years ago, before Webb took it up
AT all events, it is time to "put up their bright
swords" and turn their guns upon another foe
There are Captain Tyler and the locofocos in the
feld-ihey can be libeed with IMMUNITY, under any
state of the law-but Mr.. Cooper is a gentleman Of
much merit and talent, and really ought to be lei
alone hereafter. Apropos-If we had pursued SC
long and so ruthless war against any individual
how these editors would have turned up the whites
of their eyes, and said hard things of the Herald
FRAUDS IN THE MARKETs.-A number of dirty,
mean frauds are perpetrated on housekeepers by the
hucksters and market people in the public markets
Let us give sample.
gentleman the other day purchased two bar.
rels Of apples. AT the top of the BARREL the apples
were large, fresh and good. "Are they the same
to the bottom p asked he "ssrtny" replied the
huckster. The gentleman paid for them, took them