Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-01-29
ExECUTvE OFFICE,
TERRITORY OF New MEXICO,
Santa Ee. January IS. 1889.


To the Council of the 2Sth Legislative Assembly
Gentlemen: have the honor to return
herewith to the house in which it origna-
ted, council bill No. "A, an act to define
the oftense of libel and atfix the punish
ment therefor" without executive ap-
proval.
Libel is published defamation. 1t has
been defined as a Censorious or ridiculous
writing, picture or sign, made with a
malicious and mischievous intent toward
government magistrates or individuals.
We must consider what this defamation
must be, what the punishment, and what
may be the defense. 1t is of the essence
of libel that malice enters into the act,
but malice will be implied where the libel
is gross, but may also be refuted.
Libel luay be punished criminally by in
dictment, also by action for damages. In
some ages of the world the penalty for
libel has been death, in England at one
time by the loss OF the tongue. But the
advanced civilization of to-day, and of this
country, where one OF the paramount pur-
poses of statutory law is the conservation
OF personal right, the freedom of the indl-
vidual, the rule has come to prevail that
"the Jury shall have the right to deter.
mine the law and the fact under the direC'
ton of the court, as in other criminal
cases." and that as a rule the accused
NAV plead the truth in justification
Especially if the alleged libel was uttered
or published with good motives and for
Unsuitable ends, and without malicious in
tent, the accused can not be convicted
The establishment Of these facts must
command acquittal. This is the law, and
must continue to be the law, in order tC
make good the guarantee in the bill Of
rights OF free speech and to sustain free
press. To sustain an action for libel
therefore, both malicious intent and in
Jury therefrom must be proven.
This doctrine found expression in the
| bill of rights, or fundamental law OF the
territory, which declares, section 1888
Compiled Laws, that "every citizen shall
be at liberty to speak, write or publish
his opinion on every subject, being re-
sponsible for the abuse of that privilege
and no law shall be passed curtailing he
liberty of speech or the press"
Section 26O5 of the same chapter
further declares that "To guard against
traNSgreSSlOn Ol tllo IlSu poNcIo lCieii
delegated, we declare that everything in
this "Bill of Rights" is excepted out o.
the general power of government, anc
shall forever remain inviolate; and al
laws contrary thereto, or to the PROPOSE
tons thereof, shall be void"
This bill is defective and retrogressive
in that in material degree it reverses
there fundamental conditions. That il
curtails the liberty of speech and of the
press is apparent and undeniable, and
that it contravenes the Introduction that
"all laws contrary thereto, or to the pro.
position thereof" is equally apparent and
undeniable, and therefore void.
4 libel law is of necessity in the nature
of infringement upon the rights OF free
speech and free press. 1t is in that
sense an impairment of personal liberty
and has no proper place, except in most
thoroughly guarded forms, in system OF
popular government where all rights are