New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-06-14
swindlcrs should be exposed.

TO the Editor q; The Tribune.
saw in Yesterdays tribune article headed Caught
Tartar. DoIou not deem 1t your duty TO the public
pose by the gang OF VILLAINS who attempted rob M
Illinois Clergyman loufs. respectfully,
June 10. Az OLD SUsscR,snK
IL Has our Old Subscriber never counted
the probable cost to us OF doing what he pronoun-
ces our duty in such cases? We have been com
PEELED TO do it, and will cnlighten hun on tie
subject. BY the law of New York. as cxpountcd
by the Supreme Court, we should have been held
pri,na facie guilty Of wicked and malicious
libel upon every one OF the parties so named, sub
icct to half dozen indictments on their mere
complaints against u.s. I'VE not being allowed TO
offer any rebutting testimony aud then to be
held TO heavy bail on prosecutions for damages
from each one. Suppose VIC should beat them
here would be at least one thousand dollars ex-
pense saddlcd on us, with q great waste of time
and distraction OF thought from our proper bust
ness,
But how could we expect TO get of so easily
To do it, we must dctain the clergyman on whom
the vilainy was attempted here as Il witness for
many months, away from his home and duties
and after ALL he must swear down the whole
gsng Of aucton-robbers and su cetcuers, each of
whom except the particular one suing us in the
particular case would be good witness against
us prepared to swear to order. Then consider
how we must plead, and what are the rules of
our Courts governing the admission Of evidence
for defendants in actions of libel, and then Judge
what chance there is that we should get OIL with,
out at least nominal vcrdicts against us such as
would carry costs aud double our expenses 'Old
Subscriber what say you Is it our duty.
thnk you, to publish the names of all rogues and
auction-burners Ii so, whose duty is il TO
pay the expense of such discharge OF our duty,
and save us from inevitable rum
The solemn truth is, that. as the Law Of Libel
is now expounded and administered in Tic State
no chance for it to be useful to the public IL,
the exposure, ebuke and repression OF wrong,
except al Its extreme peril 1t NAV say al,s.ractly
that villainy is naughty, and those who indulge
In it ought to be ashamed Of themselves; but let
an Editor 6enouncc any one or more who il :.
public, notorious case, rohS the widow and father.
less. or is in any way guilty OF fragrant wicked
ness and wrong,-le; him say to the wrong doer,
Thou art the man"-and he puts himself IN the
clutches OF the villain, from which there is no
escape bu, through the Prison into the Poor
House.
The remedy for this is no; IN making new laws
hu. in simply restoring the old, clearly defined
dictates of Common Law, founded in common
sense, which prescribe tina, an Editor speaking OF
public transactions, like any Other man acting
III the discharge of recognized duty, public or
privatc,) is no, to be presumed guilty of some
malicious intent to deiame or Witty those OF whom
he is Obliged 10 speak mfavorably unless that
shall he made to appear. Iii other words, he must
be prored guilty Of libel, and not convicted off.
hand, because he has called knave knave
and is not allowed to prove ii. Do we ask too
much