The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-12-29
The Subject Of Libel .

The outrage committed in the arrest of
Mr.. Bowles, in New Y ork, on Tuesday night,
justhes special attention to this subject.
more liberal and enlightened public opinion
has served TO work salutary reformation in
the body Of our laws, which, however, are TO
be taken but as the initiation ola consistent
and complete plan in that direction, 1t was
an urgent matter that imprisonment for debt
should be abolished that bankrupt should
cease to be regarded ns a criminal, on the
one hand, and subject for plumber on the
other that the legal relations Of husband
and wife should be better adjusted and set.
tied. And this spirit of reform is stil at
work upon the various other questions which
pertain to the most secure aud satisfactory
conditions Of social life But as this is the
newspaper age when the daily journal re
fleets, and is expected TO reflect, ruling pub,
| lie opinion from its chosen standpoint, there
! il not less pressing need for more clear
| and lust understanding of what on its own
side, the public owes to the party from
which it expects and eGNcts SO much. The
| relation, TO be a lasting or useful one, must
have the element Of mutual obligation. No
press can hope long to be faithful to its cal.
ing, unless 1t IS guaranteed suiiciut protec
ton to give It immunity within we'll ascer.
tanned limits.
The law Of ibc! has hitherto b,en ex.
tremoIy loose in its structure, resting on but
! few actual principles, and those applied at
times viii, positive ecccutrcty. In the DIFF.
teTeut states tho same general principles
! would sometimes conduct to very different
results. But still there has been n steady and
visible gain in public sentiment in layor Of
| the most liberal construction of rules for the
! CONNIE ntaues Of the press, tho rules them
selves br.uE subjected more and more to the
definitions fixed by the rights and wants Of
the community. From the concession that
public men may be criticised freely by the
press, another step is next to be taken to
the right Of fair criticism on all public agents
and servants, and persons who direct by
their own hand the corporate interests Of
large bodies of the community. What il ex.
pccted Of the press it should be protected in
the performance of. 1t has come TO be re
garded among its chief duties, That it shall
sound the alarm in case Of danger, that it
shall speak openly IN cases Of public abuse,
that it shall administer such correction as
the general sentiment demands a voice for ::
and to perform duties like these with any.
thing like an impartial faithiulncss, the pub.
lie which it serves owe it protection to cor.
respond, which shall impart weight to its
comments and point with justice its crit
Clsms.
There are not few, however, who regard
prosperous newspapers as sort of hunting.
ground for private avarice. They lie in wait
for what a narrow and insufficient law, not
always administered with just and compre.
hensive views, may perhaps help them to
secure as personal pluuder, The point with
them is, not whether they have been libelled,
nor whether the public has received
an injury 1t their own
hand, but whether the comment
ing journal is rich enough TO pay for the en-.
terprse of suing it. This very prudence in
making their choice should go far toward
throwing their cases out of court in limiRe.
1t is no question of hurt to their reputation,
but of profit to their pocket and where that
SO plainly countervails, it stands confessed
that they have suffered from no libel. What
patent have they under which they may bore
to the life and marrow Of the public security,
and at the same time call on the community
to protect them from exposure in their work?
This plea of "priVate character is thread.
bare it is generally those who would work
inIquIty in private, aud without fear of cen.
sure, who are 80 sore on the sacredness of
regulations which have already become no
torious. 1t is discovery and exposure that
they fight, with the help otthe law ; not per
sonal injustice, much less public injuries
In order to reach aud include the oualifca
tions above suggested, in cases oflibe in the
courts, there should be an immediate en-.
largement Of the grounds Of justification for
the public press. Ii should likewise be com
petent for the defence to impress into its
service freedom and scope ofevidence that
shall fairly represent the more enlarged and
JIst views Of toe community. Il il ready
question, the circumstances OF evcry Csc
hrst being pronor'r u.i"hed, whether the
individual or the public deserves the first
consideration; tor while there can be no Jus.
tihcaton for an unprovoked assault on pr.
vste character it must he allowed that the
common safety has q right to exact the freest
personal sacrifice IN It's own defence. Hap.
PLY that security requires no such sacrifice !
as would be styled tyranncal and unjust; but |
does not ripened public iud cement declare, |
with such an exception, that no individual |