The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-13
TEE LAW OF SLAEDER AND LIBEL.

The treatise by Mr. John Townsnend, OF the Jew
York bar, upon the law OF SANDER and libel, sup.
plies long felt desideratum In the jurisprudence
Of THIS country. No American author had before
written any work upon this important subject The
English text books OF Starkie and Holt mad been
edited by American lawyers, but no comprehensive
commentary upon the law Of libel had peen at
tempted. The author or this useful work remarks
with much aptitude and correctness, that thorough
investigation into elementary principles seems pecu
lary necessary in treating on the law OF libel,
because the law upon that subject has from various
causes been subjected 10 perverslOn by undue nnu-
ences, and been less scientifically treated than most
other branches OF jurisprudence.
After very learned, elaborate and just criticism
upon the distinction between SANDER and bel-the
former being defined as defamation orally with.
out justinable excuse" and the latter defamation
in writing" under the same conditlons-the author
proceeds to treat OF the elements essential to con-
sttute wrong Tor which the citizen has his legal
eesaedies The nature OF such remedies IL very
clearly stated, and the character OF the various de-
fences which may be interposed as an answer to
actions ana indlctments-such as the question OF
privileged communication" the truth OF the state.
ment verbally uttered, or written or published, or
the assertion OF the right TO comment freely upon
all matters OF public interest," are then very ucldy
discussed.
invariably associated with publications In the pub
lie journals ana newspapers OF the day. 1t Is con-
tended, with much show Of reason, that the editor
Of Q newspaper, IN his comments upon men and
events-the legitimate subjects OF public discus
sion-is entitled to demand larger amount Of lree
dom than would appertain TO persons in their mere
individual capacity; and some such concessI ons
have been made to these arguments Criticism in
its widest Is accorded to the newspaper-crti-
cism upon all acts OF the government criticism upon
all ofllcIal acts OF every public man, and upon
all public events. 'God forbid" said an English
judge recently TO the editor OF the n0nconformst
newspaper in suit brought against HIM for libel,
'that you should not be allowed TO comment freely
upon the conduct Of all mankind, provided you do
1t justly and hOn0rably."
The present work OF Mr. TOwnshend Is annotated
with all the recent American and English authorities.
and the result OF great research and legal lore To
the jurlst and general practitioner this treatise on
the law Of SANDER and libel will be invaluable, aud
every newspaper editor In the country should have
q copy OF 1t In his library The book which we now
briefly review is second edition OF the treatise,
with many valuable additions and an appendix OF
several important judicial decisions maintaining
the propositions enunciated by the learned author
In the first edition. 1t Is well that this work fell
the lot OF Mr. Townshend, because IL was one for
which ne was peculiarly fitted, having made the
twin subject Of SANDER and libel his special study
for many years. Having Undertaken and completed
/. ne has left nothing for the student the praci
toner to desire further on the subject. 1t will be
accepted as O text book and take Its place among
the works OF the high authorities who have made
special branches Jurisprudence their study either
Tor living or posthumous fame.