The New York herald., 1849-03-15


has given 60 much trouble to Lord Palmerston, to
Prussia, and the great diplomatists OF Europe,
till at length the PARTIES now going to fight It
out among themselves, in good earnest.
NEW YORK JOURNALS IN PHILADRIPHIA.-Unde
this head, we alluded, few days since, to the
opinion OF Judge Parsons, recently delivered in
Philadelphia, to the effect that news vendes were
responsible for what printed in the respective
newspapers hich they disposed Of. We termed
It, at the time, most singular proceeding. and we
have had NO reason to alter our mind ON the sub
ject since.
The case which called forth this remarkable
opinion from Judge Parsons, was the arrest Of the
agent OF the National Polsce Gazette OF this city
at the instance Of party who it said, left Phi
l,delphia before the trial came on. On the trial.
the same position was assumed by the Judge; but
we are pleased to that the jury thought proper
TO look at the matter in different light and not
make news vender responsible for what he is
entirely ignorant of, and accordingly brought in a
verdict OF not guilty, in favor OF the defendant.
This Is precisely what they ought to have done.
1t Is IN direct opposition to the charge of Judge
Parsons; but il is IN accordance with good sound
sehse.
There is another remarkable point connected
with this case, which we desire to call the attsn-
ton Of the public to, as specimen Of what Phila-
delphia law Is. The defendant was arrested sim
ply because the paper was sold by HIM, and be-
cause the editor and proprietor, who lives IN New
york, could not very conveniently be proceeded
against. Judge Parsons might have known the
TACT, that the paper in question was published in
New York. Yet he charged that, In the absence
Of all proofs that 1t was published IN New
York or any place else than In Philadelp phla,
it might be inferred by the jury that the article
was written by the news vender himself. This ID
ceit inly very singular and startling citizen Of
New York, and In our opinion, a doctrine at varl-
snce to not only common sense, but common JUS
tice. In another part Of his remarkable and
curious charge, Judge Parsons, in alluding to the
injury which might be done to citizens if the
agents of papers, or news vendere, were not held
responsible for what the journal which they
dispose of may contain, said that if the law
did not point out the remedy In such cases,
persons lbeIled would probably seek their own
vengeance, and bioodshed might ensue. 1t is
customary with prosecuting counsel, when appeal
ing to the jury for a conviction, (whether the
party cused be really guilty or innocent, which Is
too often done Ia this city and elsewhere,) to pour
tray OF boodshed and vengeance, in order to
have the desired effect. and induce them, without
reference to the facts, to convict but would ask
Il, there ls no danger that vengeance and bloodshed
might ensue, II an honest and industrious man
who supported himself and family by selling news
papers, were held Responsible for what he was as
ignorant Of as the child unborn, and lest he might
have any, the least chance Of escape, that it might
be inferred in the absence OF proof, that the paper
was not published ia Philadelphia, the article or
Objectionable matter was wri lea by the poor news
veneer hmseit? "It is bad rule which will not
work both ways" The effect OF such doctrine Is
easily seen. A newspaper IN New York may con-
sider 1t duty to hold up to the exposure and cprn
II the world man who has outraged the
prophecies OF life, by, for instance, seducng the
only daughter of aged and respectable parents. For
such helnous c!l,,e the law cannot inflct ade
quate punishment; but the we'll deserved chastise-
me ut which the law cannot lnhict, Is admins.
cred by the free and Ipdep-ndent press, which
tracks the criminal, follows ms footsteps, and coa-
fronts HIM with his vlllany, wherever he goes
The paIer containing this exposure ia sent to the
regular agent; and no matter how true the circum-
s'anc. may be, and matter how muchsoever
Just'fable the motives Of the publisher may have
been, the poor agent, or news vepder, who never
read It or heard OF it, 10 made responsible for it,
and by purpssely keeping from the jury proof that
the paper was published out OF the State, the jury
are to inter that the article was written by the
news vender. Auocioss! We have heard good
Of Philadelphia lawyers, who may or may
not be so hard to puzzle they are represented to
be; but Philadelphia law goes ahead Of anything
we ever heard of-even of justice itselt-ia our
opinion.
1t cannot be concealed that the late proceedings
in PhiIadelphl are aimed at the freedom and In.
dependence Of the press, and desg,ed to prevent
The sale and circulation Of New York journals IN |
hat city. The parties concerned in 1t may find
,ut before long, If they have not done so already,
hat they are knocking their heads against the
Wall, or gnawing file.
VALUE, SURETY, AND EFFICIENCY OF TIE Mao
sKTc TKIroRAPH.-We have obtained the follow |
ng statement frem the New York, Albany, and |
Buffalo Telegraph Line, in order TO show to what |
certainty the telegraph system has reached