The New Hampshire Gazette

(if mistaken, we wish to be corrected) by them to accommodate the law on this point to the nature of our political institutions. This has been reserved for a republican legislature, who have recently passed the following act, the leading principles of which, appear to us to be correct; and to be such as fortify the important right of investigating the conduct of public men and the merits of public measures, at the same time that they inhibit that wanton and profligate traducion of private character which is scarcely less injurious to the liberty of the press, than legal restraints.

(Nat. Intelligencer.)

An Act Concerning Libels.

Passed 6th April, 1805.

Whereas doubts exist whether on the trial of an indictment or information for a libel, the jury have a right to give their verdict on the whole matter in issue.

1. Be it therefore declared and enacted by the people of the state of N. York, represented in Senate and Assembly, That on every such indictment or information, the jury who shall try the same, shall have a right to determine the law and fact under the direction of the court in like manner as in other criminal cases, and not be directed or required by the court or judge before whom such indictment or information shall be tried, to find the defendant guilty, merely on the proof of the publication by the defendant of the matter charged to be libellous and of the sense ascribed thereto in such indictment or information: Provided, nevertheless, That nothing herein contained shall be held or taken to impair or destroy the right and privilege of the defendant to apply to the court to have the judgment arrested as hath heretofore been practised.

2. And be it further declared and enacted, That in every prosecution for writing or publishing any libel, it shall be lawful for the defendant upon the trial of a cause to give in evidence in his defence the truth of the matter contained in the publication charged as libellous: Provided, always, that such evidence shall not be a justification, unless on the trial it shall be further made satisfactorily to appear that the matter charged as libellous was published with good motives and justifiable ends.

3. And be it further enacted, That any person or persons who shall after the passing of this act be convicted of writing or publishing a libel, such person or persons shall not be sentenced to an imprisonment exceeding the term of eighteen months or to pay a fine exceeding the sum of five thousand dollars.

4. And be it further enacted, That from and after the passing of this act, it shall not be lawful to prosecute any persons by information for writing or publishing any libel.