The Speeches at Full Length of Mr. Van Ness, Mr. Caines: The Attorney-general [Ambrose Spencer] Mr. Harrison, and General Hamilton, in the Great Cause of the People, Against Harry Croswell, on an Indictment for a Libel on Thomas Jerrerson...

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"This was an issue of the traverse upon an indictment, found at the General Sessions of the Peace for the county of Columbia [N.Y.] in the term of January last, and removed into the Supreme Court by certiorari, and tried before His Honor the Chief Justice, at the circuit in Columbia in July last."--Page [3].
 

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Էջ 37 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony...
Էջ 6 - That it was no part of the province of a Jury to inquire or decide on the intent of the defendant ; or whether the publication in question was true, or false, or malicious.
Էջ 65 - Hawkins declare that it is any malicious defamation, with an intent to blacken the reputation of any one, dead or alive. The criminal quality is its maliciousness. The next ingredient is, that it shall have an intent to defame. I ask, then, if the intent be not the very essence of the crime ? It is admitted that the' word falsity, when the proceedings are on the statute, must be proved to the jury, because it makes the offence. Why not then the malice, when, to constitute the crime, it must necessarily...
Էջ 37 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Էջ 70 - ... prove the truth. At the time then, when this was done, there were some things in favor of the truth. It stands then a precedent for what we contend. I shall now notice some intermediate authorities between that day and those in which a contrary principle has been endeavored to be supported. It is true that the doctrine originated in one of the most oppressive institutions that ever existed ; in a court where oppressions roused the people to demand its abolition, whose horrid judgments cannot...
Էջ 63 - The liberty of the press consists, in my idea, in publishing the truth, from good motives and for justifiable ends, though it reflect on government, on magistrates, or individuals. If it be not allowed, it excludes the privilege of canvassing men, and our rulers.
Էջ 63 - ... not to be done, then in vain will the voice of the people be raised against the inroads of tyranny. For, let a party but get into power, they may go on from step to step, and, in spite of canvassing their measures, fix themselves firmly in their...
Էջ 4 - Queen there inhabiting and being, and to the evil example of all others in like case offending, and against the form of the statutes in such case made and provided, and against the peace of our Lady the Queen, her Crown and dignity.
Էջ 77 - It is not thus that the liberty of this country is to be destroyed. It is to be subverted only by a pretence of adhering to all the forms of law, and yet, by breaking down the substance of our liberties ; by devoting a wretched but honest man as the victim of a nominal trial.
Էջ 67 - In duelling, the malice is supposed, from the deliberate acts of reflecting, sending a challenge, and appointing the time and place of meeting. Here, it is true, the law implies the intent ; but then let it be remembered that it is in consequence of its having previously defined the act. and forbidden its commission. This too is on the principle of natural justice, that no man shall be the avenger of his own wrongs, especially by a deed, alike interdicted by the laws of God and of man. That, therefore,...

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