New-York daily tribune., 1845-05-17
The Law OF Libel.

We surrender our columns in good part To-Day
TO the Argument of WILLIAM Fl. SEWARD oeiore
the Supreme Court Of this State on "Wednesday ana
Thursday in the case OF j. Fcn,moTe Coe2ef vs.
Greelev & lMcElyath for alleged Llbels contained
IN the report OF former trial for Libel between the
same parties at Ballston Spa IN Dec. lSi2- lAe
second action was commenced early In lSi3, but
the plaintiff demured TO the pleas put IN by the de-
PENDANTS in answer tohis declaration and the present
argument is on the demurrer OF course, the more
immediate question respects the goodness oil the re-
speclive pleadinss, but with this the existence or
non-existence of any libel in the premises nevlta-
bly, connects itself, and thus the whole subject OF
Libel, the Common Law Of Libel, the modihca-
,ions which that Law appears to have undergone
by Judicial construction in this State, and the rights
of the Press and the People-the right of Free
Thought and Free Speech on one hand, and the
right 10 exemption from vltuperatlon and libel on
the other-all are brought under revew-all are
discussed and illustrated.
IL does not become us to anticipate The issue oi
this action, and we shall do nothing of the sort
But, whatever that issue may be, and whatever
may be the legal or the popular judgment as 10 our
culpability or innocence in the premises, we shall
rejoice that case has arisen III which these grave
questions are brought freshly and distinctly IN re-
view before the judiciary and the Public. II 1t be
indeed the law of this State that journal may not
say any thing but praise Of any party to public
transaction or notorious Occurence-f II be libel
to say simply that one man has contributed to
another's subsistence (the fact being that ne has
been compelled to pay him the amount OF several
verdicts for libeD-or TO say that man will not
=. - L.. han
in fact he has brought several such suits in another
County, and docs afterward bring the action here
contemplated in different and still more dis
iant County-ifi it be libel to express the honestly
entertained opinio,t that PERSONS conduct In
certain insance-said conduct being fairly narrated
in the same paragraph-wss not generous or gentle
manly, and that his ,cong at the dangerous Illness
of tho wife and daughters OF man who has sub
mitted to aud made his peace with him, and who is
not at all interested in the case In hand, seemed
rather inhuman-and il, to crown ALL TO say, when
you have been accused before five hundred people OF
causing the affection and grief of whole family
of innocent women, that you have dlieren, Theory
(iroIn that which severely duplicates yourse) as
to the cause Of those ladies' ailctlon but will not
state it for fear OF provoking another lbelsuit
with nointimation from whom or on what grounds)
--ifsuch expressions these be held hbelous-al-
most all uttered in meek reioinder against harsh
accusations, and all in the course Of relating or COM
mentng upon transactions of widest publlclty-a
publicity courted by the individual who bases
upon them actions for libel-then is the range OF
public discussion so narrowed that none but very
bold or very base men may hereafter assume
the responsibilities Of journalism. Commentator
must lose all force and credit when the mild
eat ccnsure is held a misdemeanor, and Honor
must pass unds,inguished when Baseness is I'M
penetrably shielded from obloquy. But it can
not be that such is the settled and unalterable
law Of the land We are sure this trial will yet be
recognized as having done much 10 explode a
doctrine 30 despotic and dpernicous. And, be our
fortune what i, may, We have abiding confidence
that the Public end the Press will acknowledge
their obligation TO WILLIAM II. SEWARD and his
associate Counsel for the ability and force with
which the Freedom of Speech and Opinion has Oh
this trial been illustrated and defended
Sc This Argument having been reached unexpectedly
early in the term, Reporter whom implicitly
lied for l notes Of the Argument. absent from the
City the morning OF Wednesday, has minutes
Mr.. CoNorRs Speech We hope yet present summary
OF the grounds taken and ably argued by Mr.. c.
itsi .-4raa. "