Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-11-18

Of the bill 1t was obvious ha, in all cases where crime
is charged whether the charge be false the per-
son Who makes tho charge gives the ininfmaton un
less the informant ia the frst instance given
lesat constituted informing officer would be in DANGER
Of being prosecuted by the for slandcr would be
unreasonable 20 suppose that one person In hundred
who had personal knowledge VI the commission ot
crime could make Il convenient 20 an informing 1
Immediately that he would disclose the fact
that crime had been committed, and by whom before
exhibiting the complaint 20 such officer Aud aiicr max
ing complaint TO such officer, II he should make the nc
cusaou or charge IN the hearing u any other pers0n he
would be In danger Of the penalty provided go mis BILL
he could provo the charge independent Of DIS own
oath To illustrate the operation Of the BILL suppose
charges D with the commission u the crime Of larceny
says the charge n false and malicious The state come
menecs prosecution again. B. charging him WIN the
commission 0f larceny, aud the larceny 0f which no
was accused by A and At The same time pfoourcs
prosecution TO be commenced against Tor slauder Wo
prosecutions pending, OF them against lr
larceny and the other against Tor accusing with the
commission Of larceny The prosecutions cannot be
tried AZ the time Perhaps the prosecution against
was first commenced but II the prosecution against
was first commenced il would not follow that he should
hrtbe tried In the trial Of Is. may De witness for
Che state, and may De witness n support ol the pros-
ecuuou for SANDER against A. Now. II B, upon bis own
seall ne done with the prosecution against Tor larceny
Shall Try unon the charge of larceny or will thc
conviction OF flr SLAM Ter be- bar 90 Che prosecution
against u FOR the larceny
Tho provisions Of thc ban make slander crime, and
might procure prosecution to br commenced aAaiu't
for charging with tho commission of the crime Of
SANDER each being witness against The Other, except
n the prosecution against himself; Che question "hcA n
the two would be convicted would not depend upon he
question which guilty hut would depend upon the
order in which they tried Many cases would ause
where criminals would escape punishment upon their
own tcsumony by procuring the conviction Of innocent
persons The first section aso provides for the punish
Of any person who shall maicously report or give
currency TO such accusation or charge knowing e same
u De false This clause Of the section would remain
dead letter upon statute books And 800 long as the
person repeats of gives currency tn The olse o. u ier
Of report and did not make the charge his own big be-
mel OF the truth fuIFifV of charge FutfnN
upon hearsav testimony, and he would have no certain
knowledge upon the subject until the pirty accused had
been prosecuted and convicted acquitted The Sian
dercrs which the provisions Df this bill would punish
destitute ri character, and their declarations and charges
generally fll harmless O. the ground There Is another
Ahd oi sander, or the punishment % "n'en tns ~
does not provide which Is FAR destructive 20 The
reputation Of individuals and 20 The community than the
tander named 800 this BILL lie meant that kud OF SLAM
der which ordinarily introduced 6y persons bon high
life in the form of nterrogations and by nsnu1unns,
which deserved punishment but he knew of no way 70
reach such sandsf except by correcting the morals OF
community
Mr. FauNcu said that if he passage of thi' bl is %
work great revolution in society as Is claimed l lhc
Senator from Lanouc and is really 20 operate uui-
IS liutad the Senate ought most certainly pass
lie, however, could rot agree n this respect with te
Hshr Ns we Jaw nov .lAh1s' we nave ne's
any particular evils iu It's operation, The l1w opcn
and always has been TO civil redress TO Che person SLAM
derad This principle was adopted as part p ine Nom
mon Low ~ England and hes sto0d he test Of ages
IL was early adopted hy the English nation. a. slime
when they punished crime with great severity Personal
liberty and liberu Of speech peculiar 20 the Anglo
Saxon nation. Liberty of speech viii sonctimcs De
abused In the heat ri passion and II controversy
things for which they themselves are often sorry,
Afterwards Under such circumstances most of the cases
OF sapdcr occur. j. IL proper 20 punish men criHa.g
business of our criminal courts will oevery much inTeas
sd Every who has controversy with his negh11r
v'l seek revenge by getting mp criminal prosecution
or words spoken, and pnt his enemy 10 the eXpeuse Of
dpfraying ihe prosecution. Whereas IL the law is all
lowed to remain now is aud the party must otng
his suit and pay the expense be w hesitate 20 ounH an
uuflundcl charge such law as the one proposed he
apnrcheudcd would work very pcmiu1usY ia pfacuce
Thr Senator from Iamoie has cited BOT one precedent
ssnciluiug law " this nature aud that is law Of the
Kingdom " Spain The Honorable Senator has been
particularly unfortunate in this citation. II has been
wen suggested hy the Senator from Rutland lAlr Ncno-
SOM that spain was the seat of ihe lnqm'inon. ihe
remains Of this infamous Institution apparent 10 that
kingdom To the present day PersoualHbcry and liberty
Of speech are not there respected or all the 'poue
nations OF Europe Spain is the very last nation worthy
Of imitation ~ free people The Senate should hesi
,atc long before they adopt precedent taken from the
laws " Spain
s-nil % big 'ha, ,hs admission OF the honorable srns
.It W ~ 5a. saensS T a eve r. tr. ~ rr 'c
~ aa. be eensdenty iri.tei .n praoc- hisIe = vors
M agIe.rst ~ l ioa sls & @ eoi'i ~ ao' % i pa a VI
lbs 5...-'o5 ia, 'S. hs wauli mas, hug %, bt.,r
uunt, vUtcal property, us ori.cei 90 man hs- now
SS.t,ois s 81. .. essi aot b. i5a5.ei b., ma y t,p.i
s,g1 r b.v ot.b ,,t-'s L u,aii h4 Il nj ilw against
eEsed ae air,a Va m'51 @ & " Y ~ 9,a' @ any any
a b. .ach law He w. wlsns, though, nat have s-
ssgi ' 81. osS.. l,s,, ... BY ~ ol IL Ss. e .,hias
1H- Nv. I r,1 II 5i,tan ieoir t,l. a. ii,
M. bsr-s senator .sniicsuis toth- conclusion thst
agsln-trrpl vlal les g. ac citizen ng n Law n-
o. DIS asu bands, for ecHsile ne wrus le va n' ahe @
se- THE obvious tenrlcN ulull De CO., ot1.r vac e deu-
sle,foT aiei 81 iiols6i was not ye'y nminoat No
Ns's hal heenj an be- ,nqa.e me aeneT&ahi & aT could
had ben urged that s h "a lag would nersass pros
p b9 o-ee 59r th. law Vs. o eourie truri bat ihat
Il onH nr-as. he az gate Of rros. caons h. denied Hs
bf M tav ,cula he much les II uronrr remedy
denied hreauss In The appe'iio ot o. omeso NO t heys
or hep 90 reirs aud proent n IN eo9rt q Jaw should
seuaor Ia. Sea 30 abi a. si,oe,e hs no er.aty in
creased r-arJ dinhel The number Fl gro-ecaoa nmapy
"a n M I'm r9ie usually from that c,s. VIII have 10 power
60 uiar 'soe rho hi fsti i2 gna T'l,i'9 ha H n,i'i &
Il snoot .oug length afme al el. rhshadhern
Fhe . senator from Cal3do2a tne,i'a Wa apP3,sd to
as '' 'grt Il "a m biy. no manr ianSqataa.
" sh,qi nf be anias 70 tigs rp % he Hon senator
av % wHs sptuias ,o much time here I'M na,inF
history o, che state Would moi bs,irr h. inquired to
a.9 va. 6ss oae iapeliesons-and pai r,ies
s b5aai To- suppose he lion senator from Windsor
Fre1ch1 meant be candii su Knew better man =,
e,Tss, w have ni'oni'r oo 6m For !. by no meaos
intended lo aim his lill ir al crmes
even % He only claimed that stopping sinier
would tend 10 stop tlos crms and h..rir-' 70 Wnich hh
sruater or les sce, tended. The Hon. senator thought
that he aiu.on 10 ht laws ~ SPAIN Wa trtca ay uuoru
nate haeause ou existed there. He, thr M.l
di not aiud to te,e law. purpee q proving The IN
vood one should Hon auds the fact of the
proof that the laws nf spain l wrOns II
spain Institution Sew England, goot old Puritan New
Eneaui, once whipped honest Quakrr and hung Innocent
women vifchery could nothing good come out OF hrf
But said that, slaudered he law was open
10 t0 damages it II DTS fftF
ni lrri but that mad uD been consered ,nt-
uc-ut protect this let The las
tau t. toy IT, nrivst' remedy tT slsnierous words
argneit that cnpla Niuli pIeA-
ecutlons ucei out q ~ VII \ vas ahoseh ukvy'
h. aid would be braught 60 The notice Of prose
cut Ok officers, op~e ally affected aud th was no
more ~ other crimes III man who Is rob
his goods heatrn is u.ualy th one who makes
The Hon senator rrsnsHn twi-nn usually very as
hndnsvr conurng ny technical oblectn ns not AZ
tackins principle ~ Che h had supposed eoniet msm
prosecutions Hat 20 imagine that dmewtl' te Hon
had knpNirdgc that a CRIME ha
been clmmled,he must lot u b. known mmediatsy,f ne
could not officer, thcu' TO sIlne one clsc' ,,
had 20 nflHi tuit su'h NffhH 'Nul
net prosecutions agnns at once a. DE- pleas d. mat
Ia auntr, Of ahccr who would not o. hkrlY %
tet up "a i st Oh cuul ct ns PRO eentinns.
nao.nco fr purpose conyenl another Ro
would Dee cfui, before i l-gAl trers ~
the lnrough iuY stgstious Aius TINS uc nee OF
assumpti1ui and ah-urty onu be tsAnhhid ~ lF,
Senator unless lie io1i d. not 20 say mhg
uau 10 the about his uhood instead ~
making Communication 10 the proper oesr Tor the pufpoe'
But suppo.e an hs dcu- sesied could arise, audeyen
moe could we'll happen the OF written
sisudcr, which crininal snppux the pr,on oi