We admit that the point, how far the press shall be uncontrolled, is a nice question in politics ; but it should be re membered that the press, that is, the right of public complaint, and of' expos ing public delinquents to public odium, is the people's cheapest and best defence, and the oppressors' greatest awe. Were that right uncontrolled, no wicked go vernment could last long; and" as the press is open to all, perhaps no just and good government could long continue to be misrepresented before an enlightened and just thinking people. In England, it must be acknowledged, that the practical liberty of the press has been greater than in any country in the world ; but we attribute this more to the character of the government and the people, than to the law, which, if rigidly exercised, would be severe. We have, it is true, not had very frequently informations for libels at the suit of government, but we have never known them fail to convict, except in the case of Mr. Reeves, for a libel on the House of Commons, which was prosecut ed by the popular party.
We shall observe, that the law of libels is plainly derived to us from the imperial constitutions of Rome under the Con stantines, not from the laws of republican Rome, and that it came recommended to us from the Star Chamber by Lord Coke.
We have not here sufficient spaee to in vestigate, as a political question, what ought to be the law of libels ; and we must acknowledge, that many objections may occur to admitting truth to be a jus tification of a writing, when it is aimed at government, and there is great diffi culty in verifying charges of misconduct, even when they are confined to particular instances. It is only by long reflection, and an ardent desire for the utmost liber ty that is consistent with good govern ment, that we are led to wish that the press should be uncontrolled.
Libel, in the spiritual court, the origi nal declaration of any action in the civil law. See statute 2 Edward Vt. c.13.
The libel used in ecclesiastical pro ceedings consists of three parts : 1. The major proposition, which shows a just cause of the petition. 2. The narration, or minor proposition. 3. The conclusion, or conclusive petition, which conjoins both propositions, &c.