Speeches, Reviews, Reports, &cJames Van Norden, 1843 - 274 Seiten |
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Seite 78
... malice ought to have been submitted upon all the evidence , as a question of fact for the decision of the jury . It is to be observed , that at the trial of the cause , the defend- ants were not permitted to inquire into the general ...
... malice ought to have been submitted upon all the evidence , as a question of fact for the decision of the jury . It is to be observed , that at the trial of the cause , the defend- ants were not permitted to inquire into the general ...
Seite 79
... malice , and therefore no evidence short of proving the truth of the charges was ad- missible in mitigation of damages , as showing the motives of the defendants . This was a new ground , but still it as completely excluded the evidence ...
... malice , and therefore no evidence short of proving the truth of the charges was ad- missible in mitigation of damages , as showing the motives of the defendants . This was a new ground , but still it as completely excluded the evidence ...
Seite 80
... malice , or not ? This was one of the questions the jury was compelled to pass upon ; first , ( as we shall contend , ) in reference to the jus- tification of the defendants ; and secondly , in estimating the amount of damages . Was ...
... malice , or not ? This was one of the questions the jury was compelled to pass upon ; first , ( as we shall contend , ) in reference to the jus- tification of the defendants ; and secondly , in estimating the amount of damages . Was ...
Seite 81
... malice in making the publication . That the de- fendants made the statement in good faith is a complete answer to all imputation of malicious falsehood ; and while malice forms a good ground for aggravating damages , the absence of malice ...
... malice in making the publication . That the de- fendants made the statement in good faith is a complete answer to all imputation of malicious falsehood ; and while malice forms a good ground for aggravating damages , the absence of malice ...
Seite 84
... malice by undertaking to justify . " By the notice annexed to the plea , the malice is confessed upon the record . " " Such , " say the court , after reiterating this doctrine in various parts of its opinion , " are the conclusions to ...
... malice by undertaking to justify . " By the notice annexed to the plea , the malice is confessed upon the record . " " Such , " say the court , after reiterating this doctrine in various parts of its opinion , " are the conclusions to ...
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Beliebte Passagen
Seite 110 - That the printing presses shall be free to every person, who undertakes to examine the proceedings of the legislature or any branch of government: and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Seite 40 - Not all the water in the rough rude sea Can wash the balm from an anointed king; The breath of worldly men cannot depose The deputy elected by the Lord.
Seite 125 - They which builded on the wall, and they that bare burdens, with those that laded, every one with one of his hands wrought in the work, and with the other hand held a weapon.
Seite 107 - Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.
Seite 110 - The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this Commonwealth.
Seite 107 - For this is not the liberty which we can hope, that no grievance ever should arise in the commonwealth, that let no man in this world expect ; but when complaints are freely heard, deeply considered, and speedily reformed, then is the utmost bound of civil liberty obtained that wise men look for.
Seite 107 - And though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and Falsehood grapple. Who ever knew Truth put to the worse, in a free and open encounter ? Her confuting is the best and surest suppressing.
Seite 111 - ... truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them.
Seite 182 - That it be recommended to the respective assemblies and conventions of the united colonies, where no government sufficient to the exigencies of their affairs has been hitherto established to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.
Seite 136 - Indians practicable, and that the means of instruction can be introduced, with their own consent, to employ capable persons, of good moral character, to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing, and arithmetic...