New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-19
THE EHTTLEsoHN LIBEL SUIT.
Argument Of yohn *. Porter for che
nefeudaut,
THURSDAY MORNING, SEPT. IL, 1861.

discussion, will enable me- in some degee, 10 abroge
tie argument. I acknowledge the embarrassment
under which we present the case, after the exclusion Of
the ovidercs on which we mainly relied. IL Ii dill
ct FIR Iavyer 10 abandon in IN EouI tue rooted con-
vic,,,s os twenty wears We do not readily acquiesce
IN what we conceive TO be departure from the settled
rrpcioles Of law. To our faith III them we cling tena
rios.,y end It fails US so rarely that in that faith we
saou ROW old and part with cherished rights as with
cherished friends But we arc bound by TIE rulings Of
fine Court and must discharge our duty may, in
conformity with the de lei made for our guidance
bayo the honor to appear before you ore OF the
council ard defenders Ot al alleged rtler The pub
Hest!cn complained Of is in these words:
correspondent esrnestly nquircs opinion concerning
the mon In ton for members Of the Lsrislsture ofD Little
ug UaUero and VI hu In n q syracuse On is sub
ln Of lat winer Accordingly both Of then ought nov to
Albany should not be the work Of Repuoi eTs
read the article ard understand it. You read il,
and understand IL. You understand II as 1 do-a7
every reader Of Tue TRIBUNE understood H.. IL
charges corrupt lrgifatiOn at the Capitol in tie Winter
Of 1850 Ii charges that Speaker LitteloAn we
prominent advOate of that corrupt le2l-atioD 30 n
wac understood BY every reacer OF JHE NLW-foRk
TRIBUNE. II there was any man who was Tree from
all doubt that question, IL was Speaker LleJoin
He called on The editor for explanation orIetrion
Mr.. Greeley in the noble and manly letter which he
read uron the wituesssand the request Of tie PLAIN
tf COUNSEL rankly stated the purpose ard intent OF
the article. 1t WAS not 10 charge MIR. Ltleohn with
personal corruption, but with bang prominent ad'o-
cate Of measures corrupt in their tendency and ns ue,
and IN the circumstances attending their adoption.
Tat letter which the plaintiff chose to WITHHOLD from
the world he has given to YOU IL confirms your con-
clusiOn III. article was intended by The publisher Ga
It was understood by the reader ard yet you are told
by the learned council that the language ias auOt er
meaning in court Of Justice, and ior tie purpose OF
EJel sri' that II impuIes 10 Speaker III tltJ0hn ler
eunul CORFU ton md bargaining for Drbe Ii seems
10 be claimed by the coune that You are bound 10 lid
tie defendant gully of a charge Which upon the eVi-
dcnCe you believe he never made aud that You IRE 10
find verdict against your conscience sId your oath,
which il 10 rest it, support upon the oath aud con-
science OF another. 20 not believe the Court Will 80
instruct YOU but this is the theory of the prose- uol.
Until o'clock yesterday sf e,noOn, never heard It
suggested by any lawyer or Iayman III tins country
that, when IN evil action, paper J. real winch lie
claimed 20 be hbeOus, and the tTu If which II
alleged In the pleading by The defendant, upon bis COM
ing trial with Witnesses sunni ned al an tense Of
600, 70 prove the truth of the allegation, sentence
by sentence lie 10y line and clause by cluse. 10 the
satisfaction Of a Jury, the truth be eXcllded in
court in which blind justice holds her balanced sole
unless the defendant hal 60 further and prove in add
ton the truth Of charges he made Hitherto, by
the common undertt andIDg of all American lawyers
and iuriss, il has been deemed an absolute night 10
aver and prove the truth OF the matter alleged TO be
bel1ns. But our friends propose to inauguiAto new
the Iape. upon which they are TO pass Iney are TO
ind damages for en- accusation, though they cauuot
hld the ac usaiOn. On question OF doubtful intent
the Court is to find tie fact, and the Jury 70 Wit
upun toe dCfe. dant ih. penalties Of wrong OF which
they believe Rim 10 be innocent. We were challenged
by the Ilintih 10 prove the truth OF the publ Ion
on which LIE counts. Wien we accept the challenge,
and offer 10 prove lie truth, be tells us in substance,
that we canuot be permitted 10 prove H. that be will
elect what evidence We may, and what We may not
offer, aud that we may prove the truth Of bic infer
ences but uOt OF our allegations. You will readily
perceive that when proposiiOrs like tLese enter
tanned, discussion recOMes en- sITabtinL, We
bound 10 abide by such rolings rs lave Teen mace by
the Court and may yet be made In the ccurse Of the
trial. Within the narrow limits assigned shall pre-
seut the Gaze Us well upon the topics TO which
the discussion is cut down by The Court,
You will fsil 10 apprecife tie public aSpect OF
the grave questions involved in the issue. The fearless
comments OF free press Oh the public acts of those
Won eutlust with POWER, are your oIly protection
against pTohgste Legislation aud OF csl cortutoa aud
velahty. Even with such exposures Of malieasanCe
10 o6ce and partisan intrigue you have hitherto had
and with tie prncely revenues OF New-lO IRON is
ma gnihceu public works, your industry Il taxed four
millions annually Tor State purposes 6lure. Every
farm from Lake Ontario 10 the II under mortgage
to-day 10 tie TAX gsherer, not for tie le Ultimate cup
port of Government but TO supply the eVer.Ieeu1ng
defien lee Of treasury drained by oOrutr e, slaou.
You are taxed because the capitol q free State l. pol
luted by iobbers and money changers. Laws are en-
acted by the mtreenaies Of the bird estate Where
we most need Integrity, roguery thrNes ana bo.est
men are in disrepute. Whoever Is guilty, who
ever innocent, tie fact exile and Is known
Of 81 men. II is matter Of public history,
and az familiar TO every citizen az the TACT
that the cohorts Of rehellion are Low advancing In
arms 10 sub,ert tie Republic. DO mistake the sen
tiuent Of this community when i say that deeply as
we abhor the bzen front OF treason which boldly en-
the peils Of crime aud war sll more do we
deie. aud abhOT the treachey, the tLievery and tie
regulation of those among ourselves, VINO beiay pub
lie trusts WHO rifle and stab the people. and
in tie house OF the people. However II
may be with individuals, we know the laxi-
" Of public morals prevailing among many OF
those who have crert into hi, places 1t has been
found that there gold mines nearer than California,
accessible 70 plastic oOnsCeUoes. Mon have learned
70 buy their Offices and FELL their votes TO larer honor
for euiounent and cOnscieuCe for COi1 Human souls
are bought and sold at the public sbambles. In the
present Gaze We are not permitted to inquire who
I uese men are. But we may well ask, when We are
called 10 silence the sentinek who should warn MS
az inst corruption, what VIII he our eoDdiuon wien
You have mUzZled those Whose duty II Is 10 guard m,
when yOu have knitted the watcbdogs who project us
while we sleepI You 70 vinda arc all rights and
enforce all laws; but III doing and in arriving at
Judgment in each particular care, you will not iose
siQht of what il due the community at large, ds
card from view the circumstances and surroundings
Which reflect light on the acts ana motives Of those
who are arraigned before you rs wrongdoerr. We
ore TO abide by the decisoDs of the cOurts, but We
tsIecaily rejoice when they gladden. good men-as
the exclusion OF our evidence gladdened the worthy
gentlemen whom brought here 70 reveal the dOings
and baigaipinls OF the Albany lobby. How speedily
the cloud rolled away which seemed before 70 darken
the courtroom.
Il is because You are here in tie discharge Of hQh
public duty that advert 20 these pubic consldera-
ious The learned counsel seem 10 think that those
only who hold ohcc owe duties 10 the STATE and that
II Il the duty Of Horace Greeley aud all else 10 be
silent when officials speak. hold that the highest
and most important duty under the State Government
is that devOlved the juror when be sits In judg-
IL. 81 Ia, q If usffea