ted.-Supplement to the second vol. revised code, page 43.

Mark well-the words "And shall kill his antagonist, or any other person or persons, or inflict such wound as that the person shall die thereof within three months thereafter, aiders, and abettors, in giving or receiving such challenge, shall be guilty of murder." Why not, then, by the same rule, hang a person who would maliciously carry any slandering tale as an aider and abettor to murder? Especially as the clause, or any other person or persons, (we suppose bystanders, killed by chance medly, is meant) indicates, that the blowers up of discord are to be punished with death for killing by chance. As we say, if the killing "his antago nist, or any other person or persons," not his antagonist or antagonists, or inflict such wound as that the person injured die within three months, be punished with death, as also all their counsellors, aiders, and abettors; why not equally, yea, more justly, punish the sower of discord between man and wife, and hang, in like manner, for awakening, for stirring up the roaring, the murdering, the insatiate tyger of suspicion, envy, jealousy, implacability, and revenge, intending by such mischievous tales, the blood, the taking of the life of the person or persons so slandered? Mark, we repeat, the words "his antagonist, or any other person or persons;" surely then, if "other person or persons' beside the antagonists having been killed upon the duelling ground by chance, (for so it seems to mean by the words other or others,) is just, good, political cause of hanging principals, aiders, abettors, and other counsellors, according to "whoso slandereth his neighbour, will I cut off." Psalm ci. 5. Certainly, then, by the same extention

of the same principle of David and our legislature, those who fetch and carry tales to shed blood, to shed blood for gain, ought equally to suffer the same death upon the principle of equal or distributive justice. As in the tragedy of Othello by Iago, in Shakespeare, wherein a man, by the instigation of slander, was stirred up to jealousy, like a roaring lion, against his wife, so as to take her life and that of others; as also in millions of other historical cases, when men, women, boys, and girls destroyed, and shall destroy, by malicious letters and words, those who are the objects of their envious malignity. What objection, then, could the community have to an act to the following purport:

AN ACT

Entitled an act to amend the several acts of the Legislature of this Commonwealth, heretofore passed, and for the more effectual punishment of murder, and supplementary to the act entitled an act to suppress duelling.

[Passed January 26, 1810.] Richmond, Virginia.

WHEREAS, in the several acts passed by the legislature of this Commonwealth on the subject of murder, the crime was denounced in general terms, and the meaning and intent of all acts aforesaid were, that all murderers in general, by whatsoever means they compassed the unlawful death of any good citizen or citizens of this Commonwealth, should be punished eapitally; and whereas, it is doubted by some whether the person is liable to such punishment who wilfully, wickedly, and of malice aforethought, slanders another that he be killed thereby; and whereas, we conceive that the crime

of murder may be committed, has been committed in millions of cases, and is just as detestable and deserving of capital punishment, having more accessories, spreading wider, and lasting longer, when committed by the tongue and pen than by any other, and every instrument of death; and whereas, the act to suppress duelling punishes slandering accessories, not only when the antagonists are killed, but also "any other person;" and whereas, every good citizen of this commonwealth is entitled, by the bill of rights, and the constitution of this state, to be secured in the enjoyment of his life, liberty, property, and reputation; and whereas, these objects are thought not to have been sufficiently guaranteed by the present state of soeiety, from the manner in which juries are often picked and packed-as also, from many of their decisions in cases of slander; and whereas, statute laws enacted by the whole representation of the Commonwealth are more safe, being more collective, deliberative, uninfluenced, wise, defined, limited, and independent, than are those of such small, and often unlearned bodies as are common county courts and juries, possessing such vast and discretionary powers. In order, therefore, to explain the true intent and meaning of the legislature on the subject

Be it therefore enacted, by the Senate and House of Delegates of this Commonwealth, and it is hereby enacted by the authority of the same, That from and after the passing of this act, if any person or persons shall wickedly, wilfully, and of malice aforethought, slander any person in the peace of this Commonwealth, by means whereof the person or persons so slandered shall come to their death within a year and a day thereafter, they shall be

considered as being guilty of murder in the first degree, and suffer death by hanging by the neck until dead.

And be it further enacted, That on the trial of the issue on any indictment for murder aforesaid, it shall not be admitted as a plea in justification that the malicious words spoken were true, but that the person having so maliciously spoken shall be held equally guilty, and liable to hanging, as though the words were false; otherwise malice and inalicious. murder by slander would be patronized, would be legalized by statute.

And be it further enacted, That when any malicious slanderer shall, by the raising or circulation of false or true reports be the means of so operating upon nice sensibilities, as that the person or persons so slandered shall weep, lament, and hide from society, so as by brooding over their helpless, friendless, unsupportable load of grief and anguish of soul, they shall languish into the silent tomb, no more to hear or feel the voice of the malignant oppressor, then shall such relentless maligner be banished from the society of the civilized as a restless and implacable incendiary.

-And be it further enacted, That all minor offences committed by slander, by which the suffering party shall be injured in his or her good name, fame, or property, it shall be the duty of the judge, on the trial of the same, to ascertain, as nearly as may be, the amount in money of the damage so sustained, and the person or persons found guilty shall be condemned to the penitentiary in the same manner, and for the same length of time, as for larceny, theft, or robbery, committed by burglary, arson, or otherwise: Always, nevertheless, taking for their rule, the well known words of Shakes

peare, (as they do not seek redress by due course of law, but by slander,) that other thieves are to be considered as stealing but trash, when put in competition with slandering thieves, character burners, and murderers of soul and body, and estate.

Signed by the constitutional authorities, Speakers and Governor, and tested by the Clerks, March 24th, 1818-Richmond.

A right to investigate "the conduct and character of our public agents, who are the trustees and guardians of the people, and who, at all times, are amenable to their constituents," might, is, yea, ought, nevertheless, to be left open, to guard against innovation, and prevent our relapse into former establishments of church and state united.

"In the multitude of counsellors there is safety." Prov. xi. 14. For we stand in need of not only legislative statutes, but also judicial explanations. "You are told, gentlemen of the jury," said chief Justice Parker, (in the case of Phillips, for the murder of Dennegri, at Boston,) "that you are the judges of both the law and the evidence; practically, gentlemen, you are so: that is to say, a general verdict of guilty or not guilty embraces a decision upon the facts, and upon the law applicable to those facts. But you will not differ, gentlemen, from the opinions and decisions of wise and learned men, as reported in our books of law, nor from the direction of the court. The responsibility, in regard to the law, rests upon the court. court mistake the principles of law, and the jury under that direction, bring in a verdict of condemnation; the court, gentlemen, is responsible, and you will stand acquitted to your consciences."

If the

From the foregoing reasoning of the learned