The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-09
The Oregon Question.


The Oregon Question.
This vexed question still, RACES in the House OF
Representatives, and sometimes breaks out in the
Senate. 1t presents daily the most mixed and con-
filcting features. Sublimity and farce-eloquence
and twaddle-sense and folly-wt and stupidity
selfshness and patriotlsm-are all blended together
in most admirable disorder. What the result will
be, 1t is difficult to tell-bu according all appear
ances, the authority to give years notice will pass,
either absolutely, to be placed in the hands of
the President, a weapon Of diplomacy. The
southern members are generally coming out in favor
of negotiation and peace. The debates are less
warike, but more farcical We have some belief
that treaty the 49th degree will be sent into the
Senate In less than six weeks. Will it be con-
firmed 7 There's the rub.
Law or Libel-Lnte Decision by the Court
OF Errors.
The late decision made by the Court of Errors of
this State, in the case of ]. Fenimore Cooper
against the late COL Stone, reversing the pre-
vious decision OF the Supreme Court, in the libel
suit brought by the former against the latter has
created some considerable attention. 1t deserves
to be noticed it is probably the turning point OF
great change and revolution, which must so take
place in the common law applicable to the press, as
il has heretofore prevailed in this State.
We have two opinions, given by members of the
Court of Errors, on the subect-one by the Chan
cellor and the other by Senator Bokee The opinion
of Senator Bokee, seems to have been arrived at by
pure instinct without any knowledge of the genera
principles OF the law of libel The opinion of the
Chancellor appears to be little more elaborate but
still is vastly deficient in any comprehensive view
of that curious intellectual history which discloses
the causes which have produced the present confu-
sion and want OF proper definition in the law OF IL
bel II these two opinions contain the whole Of the
reasonings and arguments by which the Court of
Errors reached its true and correct decision then
we may rightfuly infer that rational instinct, and
return to common sense, have more prompted the
decision given, in reversing the opinion of the
ferior Court, than any special extensive, compre
hensive knowledge of the aw-or the history of its
growth and progress
Now let us give our brief opinion on this matter,
for it important question: not only to the par
ties interested in that case but the State and to
the whole country, because believe that it is the
commencement of great revolution in practical
law in this State, touching the liberty of the press;
it is the turning point in the public mind, coming
back from the decisions in other countries, to the
plain American principles Of common sense, as ap-
piled to the liberty of the press and the rights Of in
dividuals.
The law of libel, it is called is merely the term
givento that branch Of the law of defamation which
has grown up In the common practice of the Courts
In England since the invention the art Of printing
instrument, in the shape Of newspapers. Pre-
vious to that invention, defamation was termed
SANDER In those days. SANDER could only be perpe-
trated by imputng falsely individual, anoffence
l. - = i \
defamation, in contradistincon to printed defama-
ton, or libel. From.these early days, we have the
history of the law of libel to the present. but the diff
ference between slandera and lbe still exists and is
the same In the American as it is in the English
courts. The only remarkable or slight difference
which has taken place, is in printed SANDER libel
Now how this branch Of SANDER has become so con-
fused, that no two lawyers or judges can agree
to the proper definition OF it, as the Chancellor says
we shall endeavor to explain.
The art Of printing, soon after its introduction,
was looked upon, as well in England as in other
countries, merely matter of state, and subject to
the coercion of the crown. II was therefore, regu-
lated by the Kings proclamanons, prohibitions,
charters OF privilege and of license and, finally by
the DEGREES Of the court of star chamber which limi-
ted the number OF printers and Of presses which
each should employ, and prohibited new publica-
tions unless previously approved by proper cen
On the demolition of this odlous jurisdiction in
l64l, by the great revolution, the long para-
ment of Charles the First, after their rupture
with that Prince, assumed the same powers as the
star chamber exercised, with respect to licensing
sf books and, l643 1917, l64s and 1862, issued
their ordinances for that purpose, founded prnci.
pally on the star chamber decree Of 1857. In 1867
was passed the statute ID and IA, Car. 2, c. 49,
which, with some few alterations, was copied from
the parliamentary ordinances This act expired in
1879 but revived by statute, Jas. q c. IL, and
continued till 1892. twas then continued for two
years longer, by statute, 4 w. 81 M, c. "a; but
though frequent attempts were made by government
10 revive il in the subsequent part of that reign vel
the parliament resisted it so strongly that it finally
expired, and the press became properly free tn 1884,
and has ever since so continued.
II will be seen, from this bret historical sketch tina,
the law OF libel, in Its present confused condition.
IN England and in this country has grown up in
consequence of the continual attempts in judges and
governments to control the liberty OF the press and
thus to create distinction between written defama
ton and oral defamation, which does not exist anc
never should have existed Recently, in England
several attempts have been made to reform the Law
OF LIBEL and to define its limits so that no one cal
misunderstood IT, The government Instituted en-
quirics, and procured the opinions Of the law lord
on the matter; and report was published by
committee Of the House Of Commons. law wa
enacted, which may be considered great rcfoma
tion on the old one indicating, likewise, a return
TO the principles OF common sense, which goc
much further than the late decision in the Cour
Of Errors OF the State Of New York
In this State during the last few years, great dea
Of attention has been given to the subject, in conse
quence of the numerous libel suits which have beer
brought against the press, the most frivolous pre-
exits, by which much hardship has been occasione,
10 newspapers, and many attempts made to impal