LIBERTY OF THE PRESS AND ITS ABUSES.
" THE LIARS AND SLANDERERS."
AMONG the numerous discussions concerning the Liberty of the :Press, and its abuses, with which the newspapers have lately teemed, we have not seen a single attempt to defend the existing !Law of Libel. Every one agrees that it is too bad for apology or olafenee. It affords to public writers no protection against unjust prosecutions; it holds out no shield to public and private repute- tation against the assaults of reckless and unprincipled libellers.
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This latter defect in the law is kept too much in the background:
all.men to whom a good name is valuable are deeply interested in removing it. The well-conducted portion of the Press un- doubtedly is much and nearly concerned in the improvement of the law ; but it is a mistake to suppose that the struggle to effect that improvement is one in which a few editors, proprietors, and publishers of newspapers only, are concerned, but with which the public has little to do but look on. Yet this view of the case is one which we suspect is very generally adopted, by persons who reflect but little upon it. They deeethe whole affiiir a newspaper quarrel; and are not sorry " that the law is strong enough to keep these fellows under." This is not an unusual mode of speak- ing on the subject, even among those whose station in society and means of information should have taught them to understand it better. All, however, who have been wantonly defamed by the scurrilous portion of the Press, know from bitter experience that the law is not strong enough to afford them that protection which every member of the community has a right to demand from the Government under which he lives. All who have suffered from unjust prosecutions know that the law affords no protection to the virtually innocent. And the whole community is injured by the operation of bad laws, although a small portion of it only comes into direct contact with them.
The Globe says, that notwithstanding the numerous discussions of the law respecting private or personal libels, there has been no " distinct suggestion of the manner in which it may be.amended;" and, after enlarging upon the difficulties which would attend the exact apportionment• of damages or punishment in particular cases, concludes by repeating its former dogma, "that much must, after all improvements in the law, depend on the moral feeling of the country ; and that the moral feeling acrainst frivolous prosecutions and actions ought to be strengthened by the careful abstinence of men of character from any actions or proceedings not necessary to their own reputation." This is all very true, and yet beside the question ; which is simply, whether the existing law shall be amended, and if so, in what way ? There have been several dis- tinct suggestions of the manner in which this may be done.
In the Morning Chronicle of Tuesday, we find the following extract from the Revised Statutes of the State of New York; which comprises the whole of the legislation on the subject with which the people of that state are blessed; except the general principle of the limitation of all actions within two years of the cause of them.
" In all prosecutions or indictments for libels, the truth nazi), be given in evi- dence to the Jury ; and if it shall appear to the Jury that the matter charged as libellous is true_, and was published with good ?notices and fin. justifiable ends, the party is to be acquitted ; and the Jury have the right to determine the law
and the fact." .
If the whole of our law of libel—including reported cases, the dicta of judges, and the dissertations of commentators—were blotted out of existence, and this simple sentence inserted in the place thereof, who could deny that the improvement would be vast ? It might still be said, indeed, that foolish or oppressive proceedings would take place ; and that an improvement in the " moral feelino• of the country" would be worth all•the improve- ments of which the law is susceptible. But, under any state of the law, the same thing. might he said, for the same things would occur: some men would bring imprudent actions, and juries would occasionally be puzzled to decide them properly: Are we therefore .to wait until no actions are brought except- such as are " necessary to reputation," before we attempt to amend the law? Is it right or good for us to endure grievous wrong without an effiort at redress, because the moral feeling of the country is not Sufficiently powerful to repress unnecessary prosecutions for libel? We'have always supposed that one of the first duties of legislators was to improve the morals of the people, by the enactment of judi- cious and equitable laws ; and that the most effectual method of re- tarding the progress of civilization and right feeling in a country, was the enactment and maintenance of iniquitous laws. • We are reminded by the Chronicle, that in 1809 the Legislature of PennSylvania declared by statute, "that no person should be indictable for a publication on the official conduct of men in public trust." This, we think, is going much too far. The character of public men is a valuable property both to the public and themselves; and we see no reason why an individual should be deprived of his rights as such because he is engaged in the service of the state. It is therefore unjust both to the public and the indiiidual to permit him to be slandered with impunity. " If," said "Dr. FRANKLIN, "by the liberty of The press were understood merely the liberty of discussing the propriety of public measures and po- litical. opinions, let us have as much of it as you please; but if it means the liberty of affronting, defaming, and calumniating one another, I, for my part, own myself willing to part with my share of it Wheneier our legislators shall please to alter the law ; and shall cheerfully consent to exchange my liberty of abusing others, for the privilege of not being abused myself."
This is the language of common sense; and we trust the opi- nions it expresses will be found, next session of Parliament, to prevail among the statesmen on this as well as the other side of the Atlantic.
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