The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1869-01-14
The Subject Of Libel.


The Subject of Libel.
THE outrage committed in the arrest of
Mr.. Bowles, in New York, justifes
special attention to this subject.
The law of libel has hitherto been ex-
tremely loose in its structure, resting on
but few actual principles, and those APP
Piled at times with positive eccentricity.
In the different States the same general
principles would sometimes conduct to
very different results. But still there has
been steady and visible gain in public
sentiment in favor Of the most liberal con-
struction of rules for the commentaries of
the press, the rules themselves being sub
Jected more and more to the definitions
fixed by the rights and wants Of the COM
munity. From the concession that public
men may be criticised freely by the press,
another step is next to he 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 is
expected of the press it should be pro-
tected in the performance of. 1t has come
to be regarded among its chief duties, that
it shall sound the alarm in case of danger,
that it shall speak openly in cases of pub
lie abuse, that It shall administer such
correction as the general sentiment de-
mands voice for and to perform duties
like these with anything like an impartial
taithfulness, the public which it serves
owe it protection to correspond, which
shall impart weight to its comments and
point with justice its criticisms.
There are not few, however, who re-
gard prosperous newspapers as sort of
hunting ground for private avarice. They
lie in wait for what a narrow and INSULT
Gent law, not always administered with
just and comprehensive views, may per-
haps help them to secure as personal
plumber: The point with them is, not
whether they have been libeled, nor
whether the public has received an injury
at their own hand, but whether the COM
menting journal is rich enough to pay for
the enterprise of suing it. This very pru-
dence in making their choice should go
far toward throwing their cases out of
court IN Einine Il is no question of hurt
to their reputation, but of profit to their
pocket and where that so plainly coun-
tervails, it stands confessed Tat 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 commu-
nifty to protect them from exposure in
their work? This plea of "private char
acter is threadbare; it is generally those
who would work iniquity in private, and
without fear OF censure, who are so sore
on the sacredness of regulations which
have already become notorious. 1t is dis
covery and exposure that they fight, with
the help of the law; not personal injus-
tice, much less public injuries
In order to reach and include the quail
fications above suggested, in cases Of libel
in the courts, there should be an immedi-
ate enlargement of the grounds of justifi-
cation for the public press. 1t should like
wise be competent for the defence to i'm
press into its service freedom and scope
of evidence that shall fairly represent the
more enlarged ana just views OF the COM
| munity. 1t is really a question, the cir
cumstances of every case first being prop
erly weighed, whether the individual or
the public deserves the first consideration /;
for while there can be no justification for
an unprovoked assault on private charac-
ter, it must be allowed that the common
safety has right to exact the freest per
sonal sacrifice in its own defence Hap
PLY that security requires no such sacri
flee as would be styled tyrannical and un-
just; but does not ripened public judg-
ment declare, with such an exception, that
no individual pique, revengefulness, or de-
| sire of corsair profits, shall take precedence
of the general rights and security? This is
| the very step, with the proper qualitica-
lions, which the law of libel is yet to take
| in the direction of an enlightened and
necessary reform.
It is not pure arrogance in the public
press to assume1to be the organ of public
sentiment and opinion. The call, though
| taclt, not the less clearly comes from the
public itself Ard the relation is a deli
cate one, though established for such
practical purposes. For that very reason
| it is to be held in higher regard. Such
exalted service, which it is not possible to
provide for in another way, deserves ade-
| quate guarantees of protection Individ-
ual rancor and chagrin ought not to be per-
mitted, with the law itself as their instru-
ment, to batter down one of the strongest
| safeguards of modern society. The law
| should answer more perfectly to the hber-
allied sentiment Of the time, and assume
| that the press is performing the highest
service to the public even when crltlclslng
| and condemning ike conduct of the Indl-
| vidual New and broad ground like this
remains to be taken, after which the COM
| munity will feel more secure, and sensl-
tive individuals more careful of provoking
| the timely visitations of the public judg-
ment-Boston Post.
THE Coroner of Louisville the other
day found a family living eight miles from
the city in q miserable hovel, and suffering
from want and misery. The mother Of
the family lay dead on pallet, the father
was down with heart disease, one daughter
was nearly dead with consumption, an6
five ragged, filthy little children were
wasted by hunger to living skeletons
Tho mother had hitherto sunnOrted tn,