The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-23

The LAW OF LBEL-REvELATroSs OF LAW AND
OF lNiQuIrY.-In our paper to- day will be found re-
port of the proceedings in a case of libel, wherein
d. Arson Pratt appears as plaintiff against George
Wilkes, John Thomas, Henry Dexter, and George
Dexter The article published against Mr. Pratt
appeared n the Police Gazette, under the editorial
supervision # Wilkes, while that paper wssprinted,
and virtually published, if not owned, In some way
or another BY the other parties. The point OF law
therefore, is, whether or not the parties who have
been instrumental in issuing the libelous NATTER
are liable for the injuries received by the plaintiff
The action has been commenced, doubtless, with a
view to reach the actual ofienders--the persons
without whose aid and encouragement the lioellous
sheet could noth have been Published. Wilkes being
irresponsible, the plaintiff, naturally enough, seeks
to recover from those who have derived proht and
advantage from the criminal publication.
This, it appears to US, is very proper mode OF
procee ding, and well calculated TO abridge the IL
centiousness of the press irresponsible persons,
without propertyor character, can assal the motives
and characters of men with immunity, while indi-
viduals in the back ground supply the means for
such criminal attacks, il is only just and proper
that the latter should be made TO pay the penalty
for their portion of the acts which disturb the peace
and happiness of the community II may seem TO
be very ha I'd for an innocent man. who vends news
paper rs, TO be liable for injuries done through the
columns of sheets which he is daily issuing but il
is great protection against lawless publications,
got up by bad men, 10 have the law reach those by
whose influence such sheets are really encouraged
and sustained The English law of libel, upon
which our own is very wisely founded, has fire.
quently decided that all the parties engaged in is
suing and vending hbellous matter are liable to
penalties. Chitty says, in citing CuthelPs case,
Erskine's speeches, and Lovelrs case " 1t is
cuse for printer, or publ iher, that he was igno
rant that he was aflordng the means of circulat-
ing; and even though he is absent from the Office
or shop al the time, he will be held criminsly liza
bic ;; and he adds also, every copy Of libel sold
by party is separate public alton, and therefore
subjects him TO a distinct prosecution"
All this is well for the comwunity. /, strikes
blow at those many iawless publications which in
flict injuries upon the community, while the au-
thors Of the mischief, from their want Of visible
means, go "unwhipped of justice" An editor
who cannot pay penalty for his wrongs, therefore
becomes powerless, because business men win not
risk the issuing and Publishing of offensive matter,
unless they have some positive security tina; they
will be held harmless In the present case, George
scurnous sheets, sustained by making and carrying
on attacks on private character, is found to be be-
You'd the arm of the law. His agents and abettors,
therefore, who responsible men, are discovered
and made to answer for his evil deeds. Can any
thing be more proper or just! Al the present time,
we find Wilkes CONNECTED with no less than three
Of our courts, and about to be tried in another
court in Columbia county. In the Niles case, re-
ported in another column, he appears under a sim
gular charge of malpractice and wrong; in the
Pedo case he figures as a principal character; and
in the lib. case, he is the bead and 'front.' for which
others will be made to suffer largely Surely, such
person is a great pest to the community-a severe
charge upon the State and the sooner the law finds
means for checking his course the better will it be
for The great interests Of society. To censure the
press in such hands, is TO maintain its liberty gene
rally; and though we may regret the punishment Of
any one who is not morally guilty OF injurng his
feilowmen, yet we cannot deprecate any applica-
ton of the law that may abridge the lawless de-
iamer Of character and the shameless contriyer Of
ruin for innocent persons.