New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-12

shs Be made the exsef meaning Of the tsx sad tie
| e1istns state Of the lssgaase may require
Then, in this circular, and with il eese this in
| troductien, they say:
That PEOPLE have tAsn mach pains 70 nah. TIE World BE-
the whole revision enterprise btute the vord tss<S
IL .,,ip. nan, .s.io ,ss 800 sa 49, TsisS sT hi.
representation bat the idea has foand,toa in fact
Having given this Introduction / proceed to the
law OF the case, a. understand IL The first pom.
make il that
l. The letter IL not Of any pecunary value a. lit
erary production nor Is the RICH; to multiply copies
thereof Of any value 10 the writer Such being the
case the Court has no jurisdiction 20 restrain. And
on that point, cite the celebrated OF Hoyt vs..
Mckenzie, I'd Barbors Chsncerv, r. p. 32o. need
not read il. Ard add tina; Court will not enforce
merely moral oblg alton. This il laid down in sec
Ond siorys Commentaries on Equity, p. 900 and the
cases cited there.
The Chief Justice" You canuo. make g mAn
moral by applying TO the Count. That Is what you
refer 10"
Mr. Nies-That is so. And upon that point I
have two or three suggestions only. The moment
we Abstract from any question arising before the
Court al idea Of property, We pass out of the real,
and into the ideal, the speculatiye-,he Idle il
might read, as well as otherwre, il seems to me-
Now viii suppose that these WORDS had been spoken
and had been overheard by accident, or by
dropper, and he had gone about repeating them, or
written, and be was about 20 print them-snd they
came TO ask your Honors 10 prevent by Injunction
that publication would your Honors do ii, when
there pretense that there was any good or
harm in them II such applications are tolerated,
why, AK do not politicians, who get into so many
difficulties by their hourshng speeches run here and
AK your HonOrs 70 grant inunctions! Ii is simply
becau if men make fools of Themselves, the Court
will NJ. pjoin Us from exposing their folly ssmply BE-
caHse f1ks tool,.h. They must show thst somebody
We ,iured by it--that is that they would be
dep. -rsr cir property reputation; or that the
na uld be Injured; by some scandal or
., oil owe ne kind. at the least. Men must put
h.i4les Iy tongues az well as pens and II they
will not, nev have not sufficient sense OF right TO
do IT, they take the consequences OF that neglect
II they make an attack-if they attempt 10 throw
,nuf into mems eyes, they must run the chance OF
the wind blowing it in their own. | am determined
TO be brief in this matter; and, with these few sug
eestions will leave the first point, and pass on TO
the next, which is
III. That the material averments in the compliant
are stated on information and belief and they are ALL
or nearly AL, denied by the answers; and msny of
them not in the knowledge OF the plaintiff. An
Injunction will not, therefore, be sustained
This point contains in its import, two propositions
well settled first that the Court will not grant sn in
junction on q complaint, merely on Information and
belief: second, where al the equities oil the cSe
are denied by the answer.
Complainant slater. pos1irely that the plaintiff
wrote the letter, and that Il was his Information and
belief" that wa. privse and tbs. neither ne nor ne
Informed snd believes ihs receiver Of ~ deea on con
.snsd it, publications; that, ss the plaintiff II Informed
o. these allegation, sancins information sn1 peiet
down to tts wOd date AID then De folio ": that b '.y
IN J.
nedisy carry into eject uDles restrained thereon BY
pjunetifn, AID therefore he prsys etc
PLEADED to sustain any injuneaon hi. injasciion
sustained upon authority If - sl; snd Ssh where the
.H on. .y :. 'ot sd bs Of the p.nta in
fact worth nothing and MS belief worth notains be
snv or without due evidence; OF Il your Hdnor please 81
mean to chow this very be have guilty
Silence which ind. in every passing breeze policeman snd
in every fitting shadow his ekeeat9ner The Court on ms
eonfrsiy believe only when it has to believe
IN TO
aese facts which vii incline the Court TO believe thai
some injury will be done ueess the injunction granted
You ensbei the section code perfectly well under
which alone be granted add that IT, when il
they 90 not .eee that any evil will result here. They al
ese nothing except that this letter was rr'sate
That suggestion applies equally to the third point with the
second which viii embrace one consideration 90 81 TO save
hi The complaint does not contain the allegation, requisite
TO be made 10 complaint of this character. viz:
That The letter Of any peeunsry vslae or that w'' Of
That plaintiff had the ri,ht multiply copies thereof
5 That such night was worth anything 49,
That there anything in the letter the publication Of
which would any drn.gs tothe raish or any moral
evil TO hun or to .oceff. Code ;. <l9 Storys FL.
Juri-. 3. o. aseq HtJt " AeKeuze' and cares there
ssrpo,e b.t while on nv wsy Europe iceberg
Of peu which VI The least earthly
upOrstee ard wrote Of Il "a private Isef 70 ny s.d
additional en for ne~,P.Pt sfeie wrote Tor pa9l.
that he passed iceberg twenty feet higher th,n e'er
"p.rtsd before" IL OF consequence wnatever but
,,py .yerytht that set forth IL complaint except the
that obtained frsudueny) which fully de-
Th. wrote the letter to So It;
The TIna and about 10 pu0sh II IN that
paper here for iuuIeionwould not tho hrst
question put BY your Honor hat harm will be d1ne by
,o1 of .ny prop.y or ,b Or do you ,oy
~Tons or wrong any one Wh. !. il good for WHIST d
ference does II whether it is published or not And
answer-t doe. nsle whether Is
pubi,hed or not but an private letter and do not
state Of the c..- grant injunction Certainly You
would 'sy We have rtbt. enough TO protect, and wTons'
do
this which admitted all hands, which
complaint saows OF no earthly moHent one way OF the
But to make case exactly parallel thin, they .s in
Junction Lout your ss and a.k TO here aid
this position without an gle word Of that letter.
hut have sh TO suppose eS.e safP9.e then "a, Or
my pd Culver, snd msntoned the fact IN letter sd
dsed friend here and then three months after when he
candidate for City Judge, the same Persen writes snsthe5
letter prysy be sure 10 the Orsnd ssehem OF the Old
gwan With the knovledse that every membsr OF
that society would come to The tno"sds OF or 70 ne rss
Democrsey who were 70 support him. 't.hnr thai no-h
sr.r certain bnowedre on board SLAYER. Transporting
slaves West Indies that day suppose as 10 this
which has 10 It's thousands Of people scattered from
poe the other and from and vi the sure fae~
publish the letter hox the contradiction betveeu It
and the seeond-o sho~ tbs. the latter ~a's tcs 20 cheat
him MIR Of bis electonsuppose some Of the opponents
Culver here and sst you 20 grant an Injunction 70 pre-
vent g. and said not single word Of l ssy 20
the individual the community ns Ing Of any peeun-
isry value would your Honor under sueh circumstances,
80 them By msr. lie 70 defeat Nj c. when too
pubesiop would do nothing but simply prove that be
shi and Just true md ou1h Be elected soi that the
paty wins liar tndesyoring BY cheat TO deprive ban
OF bis support.
Jus zee Hofm.n - In he opinion which the gentleman has
read speaks much Of controversy" lie says the afisys
Of ttle bitterness going on between par
ties engaged the work OF pubshils the Holy scriptures
according different version It Sufficient 10
say that could be ndu court VI justice
70 lock .vorsby upon publication which will tend 10 IN
fsme controversy connected with sacred subject The
d.vts other point Of defense II your Honors
r..se BY referring the viii that there 10 not
sple wo.d Of snythns else th.. oot. ne sos's1
n sSs UPON this Society upon oeesrs which ever
bsekened in ink And from the hn page 70 the S OF H.
there not ale word like eontroversy IKE sse or
ANYTHING proper the part Of the defendants 70 THIS ss
or tho.e united with them interest TneD the sdsVts