Extract from a Speech of Mr. Erskine on the Doctrine of Libel
The time may come when every man in this country, who thinks it his duty to communicate to the public his reflections on the general principles or temporary occurrences of Government and Politics, will find it worth while to make himself acquainted with the Law of Libel. The best men and the best writers are the most in danger where the press is most restrained; for warmth of heart and warmth of diction, however entertaining or beneficial to the public, are dangerous qualities for an author to possess under a government jealous of investigation; and though the truth of a fact may sometimes be proved, who can give in evidence the truth of an opinion? Yet from the collision of opinion, has all human improvement proceeded in metaphysics, morals, government and religion. The Revd. Mr. Loggan, Minister of the Gospel at Leith, published some years ago observations on the long continued trial of Mr. Hastings, in which it was conceived that the managers of the impeachment were improperly reflected on. On motion, the Attorney General was directed to prosecute the publisher, Mr. Stockdale; the obnoxious passages were selected and the bookseller indicted. I think my readers will be obliged to me for introducing to them the following beautiful passages, of forensic eloquence, from Mr. Erskine’s defence on that occasion.
