New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-21
The Application OF the Law of Lfbcs O}
Our pupFeulc CONT.

S.sl
The Application OF the Law of Libel by
our supreme Conrf'
We close our Illustrations of the Law Oh IL
bel, as applied by Our Supreme Court 70 rai'ofs
10 the Cooper Lbel-sui;s, by sample OF the rules
Of Qualification. AZ laid down BY them, especially
in he recent noted Cooperstown decision.
Oar friend Fenimore Cooper, it wi De remem-
bered, caivalrousy declared in bis summing up a.
Bsll.,o1, that if we were to sue him fos libel IN
asserting our personal uncor1elncss, he should not
plead the General Issue, but Justify. To a
plain rnsn, this would easy and safe course.
But let US try it: Fenimore hes the audactv to sa;
we are not handsome; VIC employ Richard--we
presume he has no aversion to good fee, even if
made up of the Editorial isixpences' Fenimore
dila,ed on-and commence our action, laying the
venue in 81. Lawrence, Allesany or some other
County where our personal appearance is no. no.
torious; and, if the Judge should be friend oi
ours, 50 much the better. Well: Fenimore boldly
pleads Justification, thinking it easy as bot
Bot how is he to establish it We Of
course should not be SO green as to attend the
Trial in person in such an issue-no Is
obliged to make out his adversary's case--but
would leave it all to Richard, and the help the
Judge might properly give him. So the case is on,
and Fenimore undertakes the J Justification, which Of
course admits and aggrava,es the libel; SO our
side is all made out. But let Us sec how he gets
along: of course, he will not think of oferiug
witnesses TO swear point blank that we are honlely
-taat, if ne did know it, the Judge would
soon tell him would be'a simple opinion, which
would not do TO go to the Jury he must present
facts
Fenimore.-' Well, then, your Honor; | offer 10
prove by this witness that the plaintiff towheaded
and half BALD at that; he is ong-legged gaunt, and
most cadaverous of vsage-ergo, homey.
Judge How does that foow7 Light hair
and fair face bespeak purely Saxon ancestry, ard
were honorable in the good cid days Irue thai
they are COMEDY Thin locks bring out the phre-
biological developments, you see, and give dignity
and massveness to the aspect; and as to slender
ness what do our dan6ies lace for if that is no,
graceful! They ought to know what is attractive,
/ reckon. No, sir, your proof is Irrelevant and
rule it out.
Fsnimore, The sweat starting. j. Well, your
Honor; l have evidence to prove the said plaintiff
sleuching in dress; goes bent like hoop, and SO
rocking in gait that he walks down both sides of a
street at once.
.]udge.-'Ihat to prove homeliness? hope you
don't expect a man of ideas to spend his precious
hours before looking-glass7 1t would be robbiog
the public. Bent do you say? Is Mt the curve
the true line of beauty, L d like to know7 Where
were you brought up7 AS to walking, you don'r
expect man of mark, as you called him at Balls.
ton, to be quite as dapper and pert as q footman,
whose walk is his hourly study and his nightly
dream--;ts perfection tine sum of his ambition -
Great ideas of beauty you must have That evi.
dence won't answer
Nov, Fenimore, brother in adversely! woudn,
you begin to have realizing sense of your aw(u!
situation2 Would MT you begin to wish yoursel'
somewhere else, and great deal farther, before
you came into Court to justify legally opinion?
Would Mt you begin to perceive that the appii.
cation of the Law Of Libel in its strctness to
mere expression Of opinion is absurd, mistaken
and tyrannical7
-Of course, we sha mt take advantage Of your
exposed and perilous condition, for we are meek
and forgiving with hearty dsrelish for the
chinery Of the law. But if we hos mind to take
hold of you, with Richard to hel p US, and the Su
preme Courts ruling in actions Of libel at back
acoxld MT you catch i'll We should get the whole
Fund back again, and give dinner to the nu-
merous Editorial contributors. That dinner would
be worth attending, Fenimore and we Il warrant
the jokes to average good deal better than those
you cracked in your Speech at Balston.
Mir. BAScRorr's LEcruRE.-Mr. BANCROFT
delivered very brilliant lecture last evening be-
one large audience al the Tabernacle, in illus
tration of the theory that Genius is the expression
Of the spirit of tie age. We have in type sketch
of it, which is unayoidably crowded out this morn
ng by the press Of news and other matters. 1t
viii appear tomorrow,
OHle.-On Tuesday, the 18th instant, the Ohio
Legislature reelected WM ALLEN U. s. Senator
for 6 years Allen received o3 votes and Thomas
Ewing received Al. Gov. Shannon was naugu
rated the same day, and delivered an Inauguration
better qualified candidate would have been found
in Ohio for the seat occupied by MIR. Allen.
Gov. Shannons Inaugural Message speaks ia
vorably in regard to Banks properly restricted, he
says, " in creating them, care should be taken to
guard against unnatural initiation of the currency"
being thus more rational than the language of his
party On this topic generally. He exhibits also a
just regard for the credit of the State He says
1t Is gratifying TO know that, among our citi-
Ssas' without regard to party names there is bu,
one opinion and one sentiment on this subject
However much We may be divided on the political