all possible agitation, in order to serve a political purpose; ought it to be a justification of this gross libel to say that it was correctly copied from some obscure Irish print?

What if some worthless brawler, at one of those political meetings now so frequent, were to charge a member of parliament with being an enemy to this country, and with writing treasonable letters, exhorting some of our colonies to revolt and separate from the mother country; and this foul calumny were, as it doubtless would be, published in all the papers: or if the same traducer were to accuse one or more other honourable members of the House of Commons, with having, in speeches and letters, recommended disobedience of the law, and non-payment of the public taxes intended for the support of the state, are these libels in like manner to be justified, the libelled members to be without a remedy, and the slander to to pass unpunished? It is true, that the fellow, if he could be found, might be punished by the house of commons but it is a hundred chances to one that he is not known, and it is likely that his speech would have been considered as so much wind, if it were not embodied in a report, printed and circulated in the public journals. And here it is to be observed that the moborator is not answerable for the publication, any more than the members of the houses of parliament, or other assemblies, are for the reports of their speeches, unless they themselves send them to the press. The printing and circulation are the act of the printers and publishers. So that unless the latter are responsible, nobody is. Thus defamation, which would be little known and quite harmless if left to evaporate with the breath that gave it utterance, becomes recorded, perpetuated and spread over the world by means of the press.

When the proceeding for slanderous words, or a defamatory libel, is by action, the defendant may plead a justification, that is, give evidence of the truth of the words or matter complained of; but this cannot be done, when the defendant is criminally prosecuted, viz. by indictment or information; it being held

that the greater the truth the greater the libel, by reason of its tendency to cause a breach of the peace. That a true charge should excite more provocation than a false one, is not very probable; but it certainly is likely to produce violence, and that is enough. Whether in actions a justification should be allowed in all cases, especially where the words or libel are, or is malicious and premeditated, may perhaps admit of doubt.

Actions are often brought for defamation, in consequence of words spoken or written confidentially, or in what are called privileged communications, as where characters of persons are asked; or where, from a friendly motive, cautions are given against trusting parties not thought worthy of credit. It would be well if some rule could be established in such cases.

It may not be improper to add a few words as to the parties. who are liable to be affected by the law against the offence of libel. Those are, the writer or author of a libellous book; the bookseller or person who purchases the copyright and gives directions for the printing; the printer; and the seller or publisher. We are not aware that any liability attaches to transcribers for the press, compositors, correctors, pressmen, folders, stitchers or binders. As to newspaper libels, there are seldom any persons concerned besides the writer, and the printer, who is mostly the publisher.

The author, who is sometimes the printer, may compose the work, that is, set it for the press, from his head, without previously committing the matter to paper, as some few persons are known to have done. It may also be dictated to the compositor, which is said to be now the practice in printing reports of debates published in the daily papers.

Not only those who first publish and sell a libel, but those who buy to sell, and do sell it again, are answerable; and, in fact, all who give it circulation, or cause it to circulate; though in the case of newspapers, it is scarcely possible for the secondary venders or newsmen to be aware of the contents.

The master printer is responsible, though he should be from home, or be disabled by illness from attending to his business,

and utterly ignorant of the article printed; but these circumstances would tell strongly in mitigation. The same liability applies to the bookseller or publisher; for otherwise there might be a failure of proof and of justice. Besides, it would be hard that those employed in a servient or subordinate capacity, should be held criminally answerable; and where pecuniary satisfaction should be sought, it would be unattainable from such persons. Sometimes children of ten or eleven years old are put forward as the sellers.

It is hoped that in the meditated statute on the subject of libel, the offence may be accurately defined, and reduced to certainty; and such enactments and provisions made, as will on the one hand protect authors, printers and publishers (including newsvenders) in the fair and honest use and practice of their profession; and prevent the abuse and mischief of the press as much as possible, on the other.

With respect to the press, another observation is submitted, which it is conceived deserves notice, viz. the publication of private and family quarrels, trivial indiscretions, and other uninteresting occurrences at police stations, and magistrates' offices, which do not concern the public; and yet their exposure in the public journals often gives pain to the parties and their friends. What good purpose can it answer to report disputes between husband and wife, or a master and his apprentice? If two or three young men, perhaps lately from the country, who have been at the play, Vauxhall gardens, or a convivial party, happen to get into a street-squabble, why give it publicity, to the annoyance of their parents and relations? It is uncharitable and cruel, without any adequate benefit likely to result from it. If a young man of fashion chances to lose a few hundred pounds at billiards, or any other game; or if another is tapped on the shoulder by an impudent bailiff, at the suit of a tailor; or a young lady unluckily falls and exposes a pretty leg, &c. of what consequence are such petty matters to the community? assuredly of none but as it is said that virtue is amiable for

its own sake, so it is certain that many persons love scandal for the sake of scandal; and it doubtless promotes the sale of the journals. Another modern practice is not only useless but frequently disgusting, namely, filling columns of the newspapers with the senseless jargon and vulgar ribaldry uttered on examinations at police offices. It is true, this remark is only applicable to some of the papers.

OF CORONER'S INQUESTS.

Before concluding the subject of juries, it is deemed expedient to say a few words on inquests held by coroners.

The office of coroner is of remote antiquity, and of great importance. Every body knows that the coroner's chief business is to enquire, with the assistance of a jury, into the cause of the death of persons who die or lose their lives suddenly, as whether it happens through illness, accident, or design. Until of late years inquiries of this sort did not occupy much time, seldom lasting beyond a day. But about twenty years ago a great innovation took place. Persons without authority, or being of kin to the deceased, obtruded themselves on inquests, and introduced and mixed up other topics with the proper subject of inquiry; so that instead of their being simple, judicial and dispassionate proceedings, they become party and political ones.

The earliest prominent case of this description that we recollect, arose out of a riotous attack on the house of Lord Ripon, in consequence of an alteration in the corn laws, when a man was killed. The inquest on him lasted several days, the evidence being daily published piece-meal and garbled, a circumstance scarcely ever before known, and evidently tending to produce excitement and agitation. Not long afterwards occurred the memorable inquest at Oldham, after the Manchester massacre, as it was called. That continued many days, we believe some weeks, and ended without any verdict. In a short time after this another protracted inquest was held on a

person who was shot on the occasion of the late Queen's funeral, when an unsuccessful endeavour was made to fix a charge of homicide on an officer. All these inquests were turned into party affairs, the evidence being published from day to day. About eight or nine years ago there was a very tedious inquest on persons who lost their lives by the falling of the theatre near Wellclose-square, when inquiries as irregular as they were useless, were entered into respecting the construction of the building, and other matters foreign to the true question before the jury. Within a year or eighteen months, a long and dilatory inquest was held on an intoxicated waterman, who met with his death in an affray at Wapping, the principal object of which seemed to be to cast odium on the new police. The late extraordinary inquest arising out of the meeting in Coldbath-fields, when a policeman was stabbed and killed, is too recent and remarkable to be soon forgotten. This inquest was converted into an attack on the conduct of the government, and the police, and a cowardly murder was attempted to be justified. In this case the inquisition was so improper, that on the application of the attorney general, it was quashed by the court of king's bench. And by way of consoling the wise and public spirited jurors, whose feelings must have been wounded by the decision of the judges, some worthy lovers of peace and order voted them medals.

It has lately also become a common practice with coroner's juries, when inquests are held on paupers and persons who die in hospitals, to pass judgment and pronounce censures on the parish authorities, and the medical and other assistants of these charitable institutions. Surgeons and apothecaries, not connected with work-houses or infirmaries, are frequently blamed and stigmatized by these self-created censors, if they do not instantly neglect their business and their patients; and these lip-libels and aspersions are reported to the world in the newspapers. Surely a medical man's time is most important and valuable to him, and those under his care; and strangers have no more right to consume it than they have to ask another man for his money.

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