New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-20
(New.YOrk: Gold by Dewitt & Davenpsrt.)
The Law Of Libel-Judsc CampbeIIs Dec
tr1ne.

The Law Of LibeI-Judsc CampbeII's Dec
trine.
To ne Editor Of The Tyibuqe. ...r
DEAR SIR; The manner in which you disposed
Of my former article on this subject is not such Is
to invite anything further on my part neverthe-
less, do not like that my silence should give an
implied assent to your introductory statement, or
to some, at least Of the positions which you take.
feel deep interest in this question, for believe
it to be one that, in principle, intimately concerns
the well being ofSociety, and this Is my only apo-
ogy for troubling you again.
If you reperuse your original article of the 2lst
June, l think you will find enough to justify me ia
saying that you "seem to argue that absence Of
malice should be perfect justification to the pub
Usher" The quotation you make from Judge
Campbell holds that the publisher must fad his
justification "in The truth Of The charge" and you,
on the contrary, commended that If he Truly and
fairly reported the proceedings, he is innocent of
all blame in the eye OF Eternal Justice and accord
ing 10 the plain purport OF the Constitution OF New.
York" II innocent in the eye of Justice and by
the lars, how is he amenable for special damage1
Ii is true, in another part OF the same article you
intimate liability for special damage, bat thought
il repugnant to your first proposition and therefore
said you seem 10 say" &c. notice this only 10
yiodicste myself from the charge Of stupidity, in
misrepresentiDg your position, and | proceed 10
consider your opinions as you now declare them.
To the hrst proposition, that the press /" has
right to publish the TRUTH" l am agreed. That is
the doctrine OF Judge Campbell
To your second proposition, that the "preJnmp.
ton Of malice which the law makes against pri-
vste sanderer, does not lie against the journalist
who publishes fasehood when occurring in the
regular course Of news-giving with respect 10 pub
f.n.~ a0far In min q NH
OF criminal offences) and TO your hvd proposition,
that In the absence Of malice the recovery should
be the actual damage provsd, ! cannot subscribe.
Why should the presumption Of malice be less
against the publisher, in newspapers, than the
pnblisher by conversation 1t seems 10 me the re.
verse should be the fact | do not know that the
&C mmon inclination among men TO retail news
against each other Is any apt 70 be prompted
By malice, than the publication OF the same thing
in a newspaper. But there is a vast difference in
the injury inflicted, a difference az much greater
than the difference in number between those who
bear the one and read the other, az the printed
record is more enduring than the transient speech.
The care and caution which the law requires is
generally 10 proportion 70 the risk and danger and
degree OF injury likely 10 resultfrom the insufficient
exercise OF these qualities, bat you would reverse
this wholesome rule and throw the greater respon-
siblity where there 10 the less probable injury.
man, in the presence Of two others, charges
D. with thief. or perjury. The listeners 90 oct and
report il b. repeats to friend what he heard;
the o.ber being the Editor Of The Tribune puts It
in his paper.
ThelaT presumes malice a. against B. ID there
sby good reason why IL should not DO the same a.
against youi And ought the presumption OF law
to be less strong because the charge was made be-
for e Hagtstratel On the contrary, hold that il
should be stronger because the formal presentation
OF a complaint while il affords greater evidence
Of the truth Of the charge, Is calculated 10 obtain
greater circulation and credit.
1t 10 q rule Of law, believe, without an excep.
toD, that when an unlawful injury IL inflicted upon
another. wiiliuness and mslice are presumed until
the contrary il shown. Yet you would throw the
responsibility upon the injured party
suppose the law restricted the recovery TO the
scigsl damage proved, will you indicate way in
Which Il may be shownl A reckless and anorin.