The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1846-11-19


The Oh North State nj tho 3lsi ull. has an
=. II ii some length In relation tn the charge Of
l.. honor Judge PEaRsuN, to the Grand Jury Of |
p..,u,,ank rounty, nj late term Of the Super
,r raur. The Judge charged the Jury that u
,ablirAiion in the Old North state, by one Jas.
:. Laa.. a. an advertisement, was Iibellous, and
,,.l the publisher of the paper, well as the per-
"a whose signature was Affixed 10 the ADVERTISE
r,cn,. was subject To indictment This, the cli-
81. thinks, Was m attack upon the Freedom Of the
prrs,: and he il inclined Ia believe thai the Judge
l..,osk the law, or at least, the spirit Of oul in
.u,utions. Ia concluding biz article, the editor
..s. hi. hrc,hren Of the Press, particularly those
IA North Carolina To enlghlen him On the sub
Jecl
The editor Of The Fayetteville Observer 70.
ssonIs to this rcqucs, very briefly by saying that
he has no doubt that the Judge is right and the
rt,or of the Old North State wrong in the mat
'eF.
We nigh, answer with the same hresity, but
4, nav no; he ,imsl to extend our article some
what. Our attention was bgoush. to the subject
many wears ago, in consequence of an application
made 10 US to print, in pamphlet FORM llbe'lous
a,tr!c written nv a somewhat celebrated indiyl-
dual long SINCE passed away. Our opinion was
then in,de up. and has not since changed, that
the Publisher Of ibellous article is subject to in
"rmen, as well As the writer; and its being an
ad'rr1'""s.-nt would not free him from the lia'
bilty.
4 case has rec 'nily e. arretI in neichborinr
state which will serve 10 im?rcs- mn, the publc
mind the wisdom Of the law which Js.-, Pear
son gave in charge to the Grand Jury and a. .
aesirc tina. North Carolina shall always maintain
the enviabc position which she holds for possess
ing population proverbial for their reverence an
Obedience to the laws, we cannot let this occasio
pass without improving it.
The policy of the law, in making the write
anil publisher of libel subject to indictment,
10 prevent breaches Of the peace. An indictmef
ipr libel differs from suit for SANDER in thi
that the truth of the matter contained in il eann'
I've plead in justification. Whether true or falls
therefore, because the libel tends TO breach
the peace. the publisher and the writer are bot
nude amcnablc to the law. Ii we look ahloa
through the land we shall see numerous brcach
of the peace, and some of them melancholy one
which arise in consequence of the want of DIT
regard to the requirements Of this law, and sho
firth in strong colors the great wisdom Of the Lax
makers in framing it. The following. to whl'
We had reference above, is a very recent occu
renee, and will afford strong illustration of o
subject, We copy from an exchange:
Fatal Rencantre we learn from Il
Memphis Eagle tina, fatal street renco
Ire took place about noon on Wednesda
2lst inst. October, in Somerville. Tenn
between John II. Wilson and William
Lacy, both young gentlemen of the LA
in which Mr.. Wilson was killed by p'
tol sho, by Mr.. Lacy. The use 9th
bloody interview was publication ma
in the newspapers by Mr.. Wilson on 4
Isl of September last, after Mr.. Lacy h
departed for the Rio Grande, as lieute
ant Of Capt. I.enow's company OF Faye
cavalry, denouncing Mr.. Lacy as havI
been guilty Of crimes the most dishone
Infamous and penal. As soon as Mr.. LA
heard Of the publication, he resigned
iheutenancy and returned from l.avae
and proceeded immediately to Somersll
A hostile meeting was universally anti
pated. On their getting sight of one ;
other both drew their pistols (revolye
and exchanged two shots, the first fir
MIR. Lacy piercing Mr.. Wilson's arm, a
the second his vitals; neither of Mr.. VI
sons taking effect.
The editor of the Old North State was ia
by surprise, and has not viewed the matter v
sufficient GOODNESS; when he has more matu
weighed the subject we have no doubt he will
u m The light ~e do. Even IN political dis