Page:United States Reports, Volume 1.djvu/331

320 1788.  my enemies among the federalists; and in this cafe I must rank, his great patron Doctor Ruʃh (whose brother is a judge of the Supreme Court) I think Mr. Brown‘s conduct his since confirmed the idea beyond a doubt.’’

“Enemies I have had in the legal profession, and it may perhaps add to the hopes of malignity, that this action is instituted in the Supreme Court of Pennʃylvania.  However, if former prejudices should be found to operate against me on the bench, it is why a jury of my country, properly elected and empannelled, a jury of freemen and independent citizens, I must rest the suit. I have escaped the jaws of persecution through his channel on certain memorable occasions, and I hope I shall never be a sufferer, let the blast of faction blow with all its furies!”

“ Upon trial of the cause, the public will decide for themselves, whether Mr. Browne‘s motives have been laudable and dignified ; whether his conduct in declining an acquittal of his character in the paper, and suing me in the manner he did, was decent and constistent ; and, in a word, whether he is not actuated by some of my inveterate foes and opponents, to lend his name in their name in their service for the purpose of harrassing and injuring me.”

A transcript from the records was read to shew that the action between Browne and Oʃwald was depending in the court ; James Martin proved that the paper containing Oswald‘s  address was brought at his printing office, fresh and damp from the press ; and a deposition, made by Browne,  was read to prove the preceding facts relative to the cause of action, the hearing before Mr. Justice BRYAN, and the appeal from his order.

Lewis then adverted to the various pieces, which were charged as libellous in the depending action ; and argued, that, though the liberty of the press was invaluable in its nature, and ought not to be infringed : yet, that its value did not consist in a boundless licentiousness of slander and defamation. He contended, that the profession of Browne, to whom the education of more than a hundred children was sometimes entrusted, exposed him, in a peculiar manner, to be injured by wanton aspersions of his character ; and be inferred the necessity of the action, which had been instituted, from this consideration, that it Browne were really the monster which the papers in question described him to be, he ought to be hunted form society ; but, that if he had been falsely accused, if he had been maliciously traduced, it was a duty that he owed to himself and to the public