Page:United States Reports, Volume 1.djvu/335

324 

1788.

odious, and an attachment, which was fanctified by immemorial ufage, was the moft expeditious, and, therefore, the moft proper remedy for the evil complained of.

The delivered the opinion of the Court of the following effect, Judge BRYAN having fhortly before taken his feat.

M‘KEAN,C.J.–This is a motion for an attachment againft Eleazer Oʃwald, the printer and publifher of the Independent Gazetteer, of the 1ft of July laft, No. 796. As a ground for granting the attachment, it is proved, that an action for a libel had been inftituted in this court, in which Andrew Browne is the plaintiff, and Eleazer Oʃwald  the defendant ; that a queftion with refpect to bail in that action, had been agitated before one of the Judges, from whofe order, difcharging the defendant on common bail, the plaintiff had appealed to the court; and that Mr. Oʃwald's  addrefs to the public, which is the immediate fubject of complaint, relates to the action thus depending before us.

The counfel in fupport of their motion, have argued, that this addrefs was intended to prejudice the public mind upon the merits of the caufe, by propagating an opinion that Browne was the inftrument of a party to perfecute and deftroy the defendant; that he acted under the particular influence of Dr. Ruʃh, whofe  brother is a judge of this court ; and, in fhort, that from the ancient prejudice of all the judges, the defendant did not ftand a chance of a fair trial.

Affertions and imputations of this kind are certainly calculated to defeat and difcredit the adminiftration of juftice. Let us, therefore, enquire, firʃt, whether they ought to be confidered as a contempt of the court ; and, ʃecondly, whether, if fo, the offender is punifhable by attachment.

And here, I muft be allowed to obferve, that libelling is a great crime, whatever fentiments may be entertained by thofe who live by it. With refpect to the heart of the libeller, it is more dark and bafe than that of the affaffin, or than his who commits a midnight arfon. It is true, that I may never difcover the wretch who has burned my houfe, or fet fire to my barn ; but thefe loffes are eafily repaired, and bring with them no portion of ignominy or reproach. But the attacks of the libeller admit not of his confolation: the injuries which are done to character and reputation feldom can be cured, and the moft innocent man may in a moment be deprived of his good name, upon which, perhaps, he depends for all the profperity, and all the happinefs of his life. To what tribunal can he then refort? how fhall he be tried, and by whom fhall be he acquitted ? It is in vain to object, that thofe who know him will difregard the flander, fince the wide circulation of public prints muft render it impracticable to apply the antedote as far as the pofion has been extended. Nor can it be fairly faid, that the fame opportunity is given to vindicate, which has been employed to deʃame him ; for, many will read the charge, who may never fee the anfwer; and