The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-21

member that the same CON nstitutou sutboryxss vau .
setsrnns the law and the fact. Under th provisoa
Hoevoivee sxelunvely upon you TO decide not onlS
whether Mr. wilkes published ths article in question
but also whether the article Il. or is not libel The
visng you ~ to the proof OF pubioation required IN
such cases and ast the legal definition ofths term
proper to aid you IN applying the facts TO ID isv
and thus enable you TO determine whether this publ
cation docs or does not all up the d.aaition It y
touching the impropristy OF trying this cause il
Dutchess country rather than In the city Of Nsv
York. The law permits . libeler to be indicted In
any and everJ county In which the libel Il
In the ease offs newspaper, he may be punished In
1t be oircuised H. therefore, this article i
nDeouf and II this Newspaper was oiroulated In th
nothing to do With the reasons which NAV have in
ausa ths person asgri.yed to complain before ths
t.ssoa: m,v o. ss county Many good aud suesnt
this case c.nnet be inquired into are not sworn
to Try whether suoh reason. exist. but you svos.
to determine only whether the defendant Is guilty a.
charged In the indictment These points In the sass
require your attention and Examination. You ars
iirttto determine whether the defendant published
this article As laid In the indictment IL being "a
nitted that MI Wilkes was the editor aud propristsr
the date Of this article there il evidence that
yncss you that that paper ciroulatsd and sold in
jest, viii b. satisfied Upon Til. y you a'' sss. s
the evidence Of Mr. Hitchcock, which will pro
badly be satisfactory on this point, This nsxt
question embraces an inquiry into the character
OF tho article set forth in ths Indictment. IL {
what the law terms libel' You wiz remember tha
AZ the same time premises the principle Of rssposs
bnity for the abuse Of that liberty Abel Is an abus
what ]. libel Within the meaning Of sh. isw Il :.
defined, by Alexander Hamilton, In these words:
.sn made With and msoIoS: intent os
towards government magistrate, or individuals This
ssaSss % =, NIB libel IN Its hroads't sense including every
writer's, printed publication may be deemed libsous
when II Is malicious and mputes . crime, tends TO
a n IN nvrhl liz hAtp aA @k.
or to render him ridiculous degrade him In the
teem and opinion OF tbs world. malicious intent.
constitute libel The malicious intent Is ordinarily
inerabs from its being false. But 1t Is ssid that
Of this description, we hear srss. deal on this sub
ject What then that liberty OF the press which u
guaranteed by the constitution and sanctioned BY the
law seems to be supposed by many, and especially
by some Of those connected with newspapers that the
liberty Of the involves the prerogative Of discus
sing and traducing public and private character, With
out restraint But this Is by means, the The
conductors Of the public press have no grsster pryi
leges, s this respect, than any other citizen An edi
tor has more rgh In his paper, to malign Of
hisfeow citizens than other person has to charge
his n.ishbor, by spoken fsi,ehood With orime Both
are equally responsible In action for the sander The
printed rlander hswevsr much the psrnicious,
and deserves the seversst reason a les
beirg more deliberately published and extensively
circulated The law, therefore gives in addition for
an action for damages an ndici cimest for libel In
deed many things may become lbellous by being put
into writing, or print which, If uttered orally.
would not maintain action for spoken slsnder.
doubted right to publish facts on ell subjects q
public interest. lie very properly. lay before
government our courts and other pu blic bodies
and however much such proceedings may reflect upon
the conduct or Of the actors in such scenes
the publisher incurs liability so long he sdhsres
substantially to the truth he is als permitted to put
forth such comments and opiaion, on all such subjects
as fall within the range Of fair just and free orti-
csm Upon tbe sub.ct OF stters strictly private in
their nature more caution is required In this respect
he keep within the sriot bounds OF truth ana
Of
inferencee but he is not permitted 20 dip his pen In
gall and send forth upon tn. public mir from week 70
w.,k tho bitter outpanringa Of paissolsnt disps.i
ton or q corrspt heart Eo is not 10 tho columns
his paper the purpose Of assaiins ndiyida1ls
and destroying their chsrsctsr nor TOR the purposs Of
gratifying the malice wresking the vengsancs OF
himself or other. upon their victIms lie Il M. author
lied to msgn Others. either by direct charge csvsr
expresDnr or degrading iusinustions. All this Is not
liberty; u Is lcenuonsaess Itis base sni oowsrdly,
ard what Is mere 70 the point IL u Illegal ard punish
able. Nor can an editor propsrly taks upon hi inset
the prerogs,ive OF sup-rvising tn, proceeding ot
courts OF justice Our courts arr established for the
purpose OF admin stsripg justice IN cartsin ehsusel
aud according TO fixed rules prescribed fors No
individual can purpo,ely set hnsef oensor and
undertake tn interfere with the due and ad-
ministraion OF the le~ her BY unfoundii attacks
upon the courts or By threats against the prosecuting
officers, or by attsmbts to influence nry by sslisg
upon them for verdict or otbsrwse IL for nsta ass
the paper published 10 this ytisge this pruiay con-
tain.d an editorial dcnuucistion OF the oouR al
either tte OF this case calling them to aba ado0
either the prosecution or defence snd prsAotng that
you the Jury would nnd a oerssa yer ist you woula
s he struck with the msoifsst violation OF proprs..y
and outrage uron public justice. The constitutions
snd the is~r a.sumc that courts aad jlries sr,
capable and disposed TO discntrrs their duties
unsidsd aud upmn,sied and toe conductor o. the
public pre.' who rretsads 10 superiority ov~
the constituted authorities, and presumes 90 advise
and direct them, is a, guilty OF an impropisiy,
az he naniieruy Ia OF gross arrogance All good eth
mu,t irown upon all such attempts TO poute ths
iopntsus Of justice These remsrEs are not nl lds
mere abstrsc Ions but hscau.e I suppose they NAY
have connection with this case; for am nsl,s-
I'd TO think that sou may possibly conclude that the
article In querton originated In q miaoheyous pro
pen.ity, en- the part ot the defendant TO int-rtsrs
with the proceedings then pending Va the court OF
Oyer and Terminer in New York. II will be rsm,m.
ber.d nat th. paper In which the appesrs
bears date the 2cth October 1ste that thu trial of
Carpenter had commenced on the 9th, and aoatinued
until th. 2sth Of the month. You will psrcsiss
by reaaipg the whole Of the article he calls upon
the prosecuting attorney, to abandon the cause and
confidently predicts verdict OF acquittsl tfere the
learned Judge read part oi the avtice Now although
this IL not claimed TO be the b.ious part yet tse
whole article IL put nto the case and may be axsnin
ed with view to sscsrtsin ths true meaning OF the
specified parts well the motives Of the writer.
We will look brisay al the article in usston and
zee whether IL Is, within the foregoing principles
libel You win rad ~. spd construe ~ In its natural
and apparent sense It, from such reading. you con
clude that u charges Mr. Jordan with any offence or
are eslculsted aud tend TO degrade him in ths
esteem and opinion Of mankind, II s nbslious
The defendant cannot shield himself by showing
that the article may possibly be construed into an
Innocent Interpretation by learned aud critical
lys OF the language The readers OF the Poce GIsee
can hardly be presumed to be, all OF them, learned
eritics who csn fathom the depth. OF such srtic-s
and discover the hidden meaning They are probably
tnt,ned with that waning which LES upper most snd
mot particularly disposed to seek for innocent
versop. By that meaning, the defendant must be
tried and held resporsibe. BY that he should stAni
or fell. The only remaining question is whether .
justihcatipn 10 stsbl~hsi The consultation provides
that In s criminal prosecutions iotmsnts for
bel, the truth may b. given IN evidence 60 the jary
ard " " ehal appear TO tho Jury that the matter
charged as Hhellous Is true aud vas published With
good motives and for justifsbe ends tho party shsh
be acquitted and the jury shall have the right to de-
tsrmine the Law and the fact Under this PROVISION
slwayc remembering that the burden proof devcives
the defendant you hav. right to enquire, nrst,
whether th- charges conainsdn the artice we're tree
" you determine that In the an rmstive, you VIII
then look at the motives vhich influenced the
writer aud the ends which he sought 70 attain.
IL tbese ere such ss amend thens~lvss 70 yoo
as good and rs justifebie respectively, you viii ao-
Quit the defendant IT. however, you md tnst the
charges not proved TO Ne true were Published
with bad motives ard for uniustihable ends, ycu
~in hpa = verdict Il guilty. W. shan not det.ia