The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-28
LECTURES I'M NEW YORK.
Lecture ON tins Law OF Lfpei, py Jass II.
brady, ESQ.

Brady, Esq.
On "Wednesday evening. Mr. Brady delivered the |
following lecture the law of libel in the court
Yooua Of oyer snd Terminer, new City Hall. lie
said, in community Ike ours, it is of great impor.
tance that of sll conditions should understand
the general principles Of the law Of SANDER and that
the profession should be acquainted with it in its
minutest details Freedom TO utter our sentiments
on all subjects Is most Important RICH. enjoyed
under the constitution, and designed TO be only 80
Ear regulated by law as to restrain RIGHTEOUSNESS
and wrong. The extent Of that right and its lioen-
tiousress should be capable Of easy perez ption, so
that the legislator, lawyer editor, private citi
sep may aid within bis appropriate sphere in pre-.
serving The right itself against all improper en-
croachnents, and at the same time securing cha
racter protection against malevoence. To attain
che double result just stated, has been the all
Of mary great rtelleets here we'll as in England;
but We must confess that the end has not yet been
secured for into the law Of SANDER, as into most
other branches Of Jurisprudence, the ingenuity Of
advocates, the aouteness, and sometimes the weak
ness or dishonesty Of judges, have introduced sub.
tleties with which II should not be involved and
subject Of POLITICAL well juridcal Importance,
has been MADE difficult even TO him who studies it
most attentvely.
q tight 10 the protection Of that fair reputa-
tion which every ogorable man so highly prizes,
aua it should be guarded by the law with scrupu-
lous care. The enlightened nations of past ages
severely punished the slanaerer. Perhaps there
yer was period, nor couatry, in which, if there
was any law against malicious detraction, it was
less severely Iished than nov, and in
land Yet the law OF libel becomes daily subject
gilmore and more Interest aud importance, from the
struggle to resist, impose restraint the press
which has oflate years occasionally taken place be-
tween the editor ard the ect OF his assaults or
as has sometimes happened, between the bench and
the har II is possible that in reference to this sub
ject msy suggest to the student scmo general con-
alterations worthy his regard do not Imagine
that the lawyer can derive profit from my observa.
tions on soiamiiar theme. libel, as applicable
to individuals, is defined to be a mGlicicas
publication in printing, writing, or by signs
or pictures, tending either to blacken the me-
moIy of one dead. or the reputation Of one
alive, and expose him to public hatred, con
tempt, or rdcule The word malicious does
net necessarily include fasity; for in criminal cases
the publication, though true may not be jussaable
and the word hatred does not mean only N aleyo
lent dislike; for il is hbelous falsely to mpute to
man his having loatbsome disease, or any such
offensive personal popularity as would naturally
lead tie public to shun his society. Tie malice
spoken Of in the definition is such as the Law pre-
sumes- the wrongful act being taken to evince
wrongful intent. In certain class Of cases. this
malice may be disproyed go as to defeat prosecu-
tiop; that s, the ordinary leg al presumption may
be IeIellcd But in civil cases. the presumption OF
malice is generally go far conclusive as, when the
libel proved and not justified, to enttle the plain
Tiff to recovery. In such cases, if the truth Of
the char &c be proved, the action fails, however ma
icious the defendants conduct may have been. In
this respect q well kro difference exists between
criminal and civil prosecutions The Roman law
took wha. has been called a just distinction between
slander spoken ard written. We make the same
distinction in punishing libel criminaly and civil
~, while verbal SANDER is only redressed by pecu
nisry compensation. The reason comm only
assigned for the distinction is that the written
Islander is calculated to provoke breach of
the peace | believe exFerincc has shown
that the greater danger Of violence exists when
party stung By an insulting accusation is present
when his traducar utteIs the charge. The courts
have locked Also to the greater deiberation of the
kbeller and the extent to which his SANDER may be
published. The question arose long ago in Egg
land, whether, in criminal prosecution for libel,
the truth was complete justification. 1t was held
words, was an Injury 10 the community, and equally
20 whether the publication were true or false. Thus
originated the maxim, the greater the truth, tho
greater the libei'a idea apparently derived from
she opposition that men more likely to feel and
resent accusation which has come foundation,
than utterly false. no speculation on either
the wisdom Of the rule or Of the reafons assigned
for it, can be valuable TO Us. In our State, and.
believe, in all States OF the confedericy, it is sub
stantiaiy the constitutional provision that in cri
mnal prosecutions for libel the trut ,hall be full
defence, il IL be published with good motives, and
for just6able ends an ID cur State the jury are,
In such prosecutors the Judges Of the Law aud the
fact The rule thus embodied in our fIndan entail
law is Just and sautary No charge injurious to
mans char acter should be wsutonly and wickedly
published to the world II om no motive hut malice,
and for no purpose but injury. The assailed party
may, at some time in his lite, have commisted
traIsgressoLs fer which he has stoued, and may be
engaged in the laudable effort to wipe on. the pub
lie recollection of his fault and retrieve bis reputa
ton Society has the highest interest in encour-
aging the praiseworthy effort to deserve once more
the respect temporarily lost. The beautiful moral
of the Prodgal Sens history, is worthy the appro-
val and enforcement Of all who have maPnanimity.
Yet even in the case Of one striving to effacs the
etan Of past misconduct, if an occasion GTise when
from good motive, and for justifable end, his
past career may be exposed to the public gaze, then
no matter how cruel 10 him personally, may be the
revelation Of disgrace which be SEEK te conceal he
is made to suffer the pain and humiliation Of the e.
pose for the sake Of the community. In a civil ac-
tion the truth Of the publication is perfect defence
In England, and in iss State. The Plaintiffs not
presumed in Law 10 be injured BY the assertion &C
truth and IN such action tho defendant could not
be rghtfuly punished for tho public good. Tn. pub
lie vindi,ate the wrong to them by the Indictment.
In examining the law Of libel, thus far we iud our
way clear and distinct But " hen VIC advance to-
ward the questions Of publication, intent, construc
ton, and mitigation as connected with the subject
the clouds gather rapidly around US. Out Of tho
conflicts On these, and ether points Of similar
character, one great and good result long since
obtained We are familiar with tho history Of that
noble struggle, made By some 81 the most brilliant
minds against the corr joint usurpaton OF tae sove
reign and tic iudiciarJ-ths struggle in which
were prominent the rames of Lrskine and Mans
field and that intellect which concealed Itself under
the title Of Junius Ii ended ia Wrestling from ths
bench and confding to The jury the question
whether writing was or was Mt li0ei!ous. The
fruit Ct t1is triumph IS cngrafed On ths 1eric2n
constitutions and in this, "a many another glsn-
instances, We behold the progress made in civil
liberty, in great measure through tho genius
and perseverance, OF honorable, patriotic, aud ablc
men in our noble but mIon revled profession
We have ample right 70 feel indignant when,
as is too often the Gaze, We lno the right
for which cur brethren 90 long and sue
cessfully contended, abused % our dstriment by
the prets, which should stand by and protect
Us Whenever for the faithful discharge Of dEty, we
excite the public prejudice Or receive malignant
censure. Before the achievement OF English Law
yers ard English juries, to which ] have Just
eferred, the only questions submitted 70 tie Jury
ere as TO the fac. Of publication, and the truth o
he inuendoes-the question whether the arti so
was lbellous or not, bsing exclusively determined