The sun., 1873-08-26
The world on ,he Law Of Libel.

10 he Ed.t0r VI Ihs Sun.
SIR: The editor of the World since his issue
Of the 18th inst, has, IL is evident been taking
your advice, and rsding THE sun diligently,
and with most obvious benefit lie now claims
that it was implied In his argument. that Ias you
quote from Burrtln prosecution means GRIM
ind proceeding; and, though in his article Of
the 18th he argued at some length that a statute
was passed ia the District Of Columbia to enable
the truth to he put In as defence In a civil SUIT
for libel he now cites Ilidreth to the effect that
the truth in slanier cases, both civil and crim-
inal, was always defence, while a. 10 libel, in
criminal cases, 1t was not clearly implying that
In civil cases Of libel It was a defence; and so
showing thst the statute could not have been
fore o Sifb be 'sfes sfstate. -' nave O'V" 'O"' O'
Though he has learned good deal he seems
still To be In the dark as 70 the meaning II the
word prosecution; and, hoping that ne has not
reached the limit OF his receptlNity, and that he
viii not altogether C1utcmu any means uf en-
lisnt"nment, venture To oier HIN a Few sug-
Cc-tlnus,
lie imagine. hlmsc 20 have shown that pro-
lie says 10 was implied I'm his argument THAT II
msaut a criminal preceding, because he sn ows
"In-tanCes ot the Application Of the word pro-
sccute and prosecution to civil actions.
Now, because In referring 90 a civil suit, we
may say "prosecute,' as "A Door person prose-
cutting his suit 40, Il does not follow that Il Is
pr"pcr to speak Of civil suit a. prosecution.
] y writer, whose knowledge ls nbf Ot the me-
! chanical and technical sort which Inferior
ldWycr~ drudge, hut is Of " a more philosophical
cast ana th' Irtlt u HpcIm inquiry ought
, T. have remembered that We cannot reason in
| this way from one p1r1uNWous term 10 another.
| lie ought 20 nave reflected that from the ftct
that the Horld does not ignore the law Il libel,
II does not follow that the world is not ignorant
of the law of librl.
A. for the IL, stances which the World cites Of
the application Of the word pr ~ecutton 10 civil
/ actions, the WOrN confounIs two senses Of
! the word the general sense with the legal and
. THef4 the upDt II Ortrtuully maiut uiuy B..
! In a general sense, prosecution means carving
on, conducting; as the prosecution " an inquiry
into the law u libel. In the legal sense II de-
,isnatcs KIND ~ legal uroceeding-a criminal
! proceeding. Inrou-equence of these two senses
! prosecution. hlugh, for the sake of elegance,
We say the Conduct Of prosecution. Now, the
| l"rti started out 10 eNpound the precise mean
! ing ~ Tie word prosecution In statute when "
! wa evidently used To designate class of legal
procecdin ana not merely IN the general sense
| OF conducting or carving ON. And merely he-
J cause we may "apply the word prosecution 10
ci'il suit, SO as - speak Of the prose
! cution of such suit, II does not follow
! that It de-gna,es such suit, any
more than it. would follow. that a carrying
the " OMIT. examples. we might substitute "car
rNhs on % for prosecution, and say, "it the per
s'n prosecuting be guilty ~ any improper con
duct In the carving ON ~ his suit - or AM
more than it follows that thc attrihute is th'
subject and, US the l''ogIi'S examples Of th'
+ actions ore ot the word in IT, general sense
thev have NO hearing on what It means in ~
lt+hl @fl~f anu 40 l''l N~-l~l us ll itfeTtnln ne
/ the meaning Of the word IN the statute undc
discussion, whore II evidently refers 10 n elias
Of legal proceedings Al the word shows !
'hat he word, hesiies ~ special legal sense o'
criminal proceeding has the general sense o
cludGcting, carrying on.
II the editor nf the norj, instead ~ trustin,
to his own unaidcd power to reason and to dis
crmnate between the different senses ot words
had gone over tn your office and rot "A look a
| your Burrill, or had turned to ms own Bnuyte
| (Which he seems to have hni AZ hand, though
F At hat VnrI kaH.a
term u the criminal law; II he had consulte
| the Dictionary OF Wharton ID. J - and seen
courts, or hiG examined The Criminal Law {
| tie luted states Whlrton, Francis and learn
, cd that on tu prosecutions the Grand Jury ha
veto at the outset (he wouldn't suppose thl
/ wharton meant the Grand Jury C1uld arrest
clvil proceednsl, he wouldn't have fallen int
confounlcd the obviously disuarutc meaning
Of ~" word prosecution.
lut " loiIu complains ot being opposed in
technical spirit, and intimates that its own a
| gumrntati"n h ~ mnrr philo.onhic rtst. /
what precise way i, is more ulull,ouhic we M
not told; hut perhapa, h, the writing Of an a
gimcnt in which he employs very COnspicuOu,
IL and emphaticaIly the.rxpr,ssiun ciyil nroseri
tion, and then saving that It was implied in h
argument Tint prosecution meant "A crimin
pfuGsedlus, The u oId editor meant to give I
So, he VIII have to he told that small LAWYER
ui very limited reading who have 10 prote,
their clients Interests 10y consistent and col
elusive reaS9hlns' must deny themselves Il
pleatsnre Of giving to their discussions "phil,
I /
And hnaly seeing that the Wurh abandon
, the contest with the evident consciousness
dcitht. and retlres with what Of grace il ma
. lli"r over ~ hne las-tee from Hlldreth, n,
designed 60 -r.W what th" law is bur what
o"JW 'ph Iri me cungrHtuMte Nou, sir ON n
ANTAGONIST.
lIoplls that the UWh oIItut will pcrseyel
~ reading tn y, and su continue t. grow
/ the erHres of cuu' rnver-v. and increase daily
truly, ~
NLw YORk, Auu 2l ~