do more than he can," if wheat were at one the home market; and 2ndly, the worth of cent per bushel, the portion that would eat more an extra, or foreign demand, to fix the value of it than they now do, is not very considerable: in that market. Thus-admitting that the more would be wasted, but much more would crops are really greater by one third, as has not be consumed. I speak comparatively. been supposed, we shall raise vegetable food to Without any tenacity in my opinion, as to the amount of 9000 millions, and possess a cathe extra amount of the present crops above pacity to feed animals to supply us with 3232 the common average, it may, at least,be agreed, millions of ibs. of meat. The surplus of the that there is a large surplus quantity We see former is about 2000, and of the latter, 458 that our usual exports of vegetable food have millions of pounds. For the sake of easier stood only as 3 to 75 a 80 of the amount raised, calculation, and more clearness in the stateand of animal food as 1 to 240. Now, although ment, let us consider these two as one and foreign cominerce, according to the facts here add them together, and the whole product of developed, seems so unimportant, it is the vegetable and animal food will be 12,232 milhinge on which the price of the whole chiefly lions; the united surplus 2458 millions; being turks. As, for an instance-if it were an ac-a general surplus of one-fifth. cepted fact among the butchers who supply Again, to illustrate the matter, let us admit Baltimore market, that they had a tenth part that 200lbs. of this food, (which includes all only, more meat than the people are accustom-sorts of grain, roots, pulse and meats,) is equal ed to consume and which, from the heat of to a barrel of flour, (and it may be so esteemthe weather, or other cause, they could noted,) the entire product will be equivalent to lay by for another day;-this excess tenth about 41 millions of barrels, 8 of which we shall might easily reduce the value of the whole have to spare.

stock a fourth, to induce the people to pur- If there is a foreign demand for these eight chase more than they intended: for there is millions, so as to keep the price of flour in the nothing so grievous to a person as to see the United States at $10, for an average, the commodity that he has to sell perishing on his gross amount of value produced would be hands, without use to any one. Hence, any equal to 410 millions of dollars. But if, surplus has effect to reduce the value of a through the want of such an extra demand, the whole, more than the whole value of that sur-surplus thrown into the market should reduce plus itself might be simply because "enough it only to $8 per barrel, as it certainly would is enough," and some must sacrifice their do, the gross amount of value then being 328 goods if they cannot get a fair price from them millions, exhibits a difference of 82 millions, which compels others to reduce their prices equal to the whole value of the said surplus, also, to retain their customers. I am very far at its highest price. This "difference" would from wishing misery to Europe that we might not be lost to the nited States by the want of profit by it but if it had so happened that the the foreign demand, but be gained by the peopresent, as well as the last year had been a ple at large, if such demand existed. This year of scarcity, how vast might have been our distinction grows out of the difference there export, and how great our profit! If flour in is between the price of a commodity being England would maintain its present price. raised by a foreign demand, or as consequent (say 118 per barrel.) it would do very well; to a domestic deficiency. The first may be said but this cannot be expected-it will fall much to cheapen money, by the life and activity that Jower: not on account of the quantity that we it gives, and by the higher prices paid for labor, could supply her with, but by reason of her own the best standard of value;-in the other, the good harvests. Of the crop of last year we ex-operation is directly the reverse, and every ported, perhaps. 500,000 bbls. to Great Britain thing drags on heavily.

and Ireland-s, from the 1st of January last to There appears to me to be some novelty and, the 7th of July, there were 320,829 barrels re-perhaps, some use in the preceeding remarks, ceived at Liverpool. For the sake of round num- if i have succeeded in making my views of bers, we may consider this quantity as equal to their subjects intelligible to the reader.

100,000,000 lbs.-and, enormous as it appears, it would feed the people of England, Ireland and Scotland, only about ten days, allowing to each person no more then half a pound

Harmony, Indiana.

"The wilderness shall blossom as the rose."

In the 6th vol. of the WEEKLY REGISTER,

of flour per day. Yet, by the same sort of page 208, there is some account of the settleOperation as in the case of a surplus at home, ment at Harmony, Pen. by Mr. Rapp and his the want of this supply from abroad, might associates, exhibiting the fruits of the persehave raised the price of the commodity much verance and industry of the Harmony sociehigher than it was. ty. The land held by them in Pennsylvania,

I am well aware that a great part of this es-from the increase of their numbers, being too say is matter of mere speculation-to amuse small for them, they purchased a large and rather than instruct any one. But it may serve beautiful tract of the Wabash, in the new state to show us-1st, the extent and importance of of Indiana, and removed to it just about three

years ago.

It was then in a state of nature tal being received with acclamations in the They already have many good houses, large court, are new things to us. Three of the jury work shops and extensive barns-one of them, wished to attach the following to their verdict100 feet by 45, another 200 feet long and 45 "as truth is declared by the law of the land to wide; a steam mill, driving two pairs of stones; be a libel, we three are compelled to find the a very large brick house in the shape of an L, lefendant guilty." However, they cast him for Mr. Rapp, with an excellent and highly or- into the king's bench prison, from whence le namented garden, inferior to few in the Uni-ters to one of his friends in the United States ted States; they have 1500 merino sheep, whose have arrived, by which he does not appear the wool they manufacture into excellent broad-least intimidated, saying "that when he threw cloths, with a large stock of cattle, hogs, &c. down the gauntlet to the enemies of freedom and carry on almost every trade and manu- he determined to stand the contest, let who facture, as well for their own use as to make would take it up," &c. The work still goes things for sale among them are tin-workers, on, with increased popularity. shoemakers, saddlers, joiners, carpenters, hatters, stocking and other weavers, tanners,

FROM THE LONDON COURIER OF JUNE 6.

Sittings after term, before Mr. Justice Abbot, and special juries.

LIBEL.

which the defendant was the author. The informa

wheelwrights, blacksmiths, &c. &c. They Court of King's Bench, Guildhall, Thursday, June 5. have many acres planted with the vine, 200 in wheat, 40 in rye, 20 in barley, 30 in oats, 50 with meadow grass, and 500 enclosed in The king vs. Thomas Jonathan Wooller. Į pasture fields. All these things have been This was an information filed against the defendone in three years. This society is numerous; dant by his majesty's attorney general for a libel amounting, we believe to nearly 500 families, published in a work called The Black Dwarf, of who have all things in common; are among the tion, which consisted of two counts charged, first, most industrious and economical people in the that the defendant, intending to excite discontent world, and very harmless and inoffensive. The and disaffection in the minds of the subjects of our first body of them, emigrating from Germany, lord the king, had published a certain scandalous and settled in Pennsylvania in 1803-4. They malicious libel, reflecting on the king's administra then consisted of 160 families, and tion of government; and 2d, that, intending to excite discontent and disaffection in the minds of the sub. after joined by 90 families more, jects of our lord the king against the present administration of public affairs, the defendant had reflecting on the character of lord viscount Castlepublished another scandalou and malicious libel, reagh, and the right honorable George Canning.The libels, which will be stated in the course of the trial, were set forth at length in the information.

In

were soon

Mr. Wooller and the Black Dwarf. page 344 of the last volume of the WEEKLY REGISTER,We briefly noticed the trials of Mr. Wooller, editor of the "BLACK DWARF," for a pretended libel on lord Castlereagh. We have thought it due to a history of the times and to their own peculiar point and interest, to give them a place, at length, in this work, as inserted below.

The attorney general, in stating the case, observ. ed, that amongst other blessings which the free constitution of England gauranteed to the people, was the liberty of the press!! But this, like other bles sings, might be abused-it might degenerate into licentiousness-and, therefore, it must be confined Mr. Wooller is a very extraordinary manwithin certain bounds and limits. It was impossi it is useless to say to those who read his trials ble for any man, who desired the real welfare of society, if he had an honest mind, and a correct underthat he has a strong mind and great courage. standing, not to perceive, that without bounds and The Black Dwarf was first published after limits were assigned to it, the liberty of the press Cobbett left England, and in one of its early would degenerate into licentiousness, and would at numbers that distinguished writer is severely length destroy every blessing which subjects enjoylashed for abandoning his country in the time ed under this or any other constitution. He stated, and manner that he did. There is a force and this boldly-it was his firm belief, after much consideration on the subject, and he conceived it was a energy, fire and spirit, in Wooller's remarks, principle that could not be controverted. What were that never was surpassed; though not so much the proper bounds of the liberty of the press became of argument, as there might be. He is a printer another question-and whether those bounds had by profession, and composes his pieces as he been exceeded, was a subject matter of inquiry for places the types, without any copy before him. the jury, under the direction of the learned judge? Of the first number of the "Black Dwarf," 400 To discuss fairly, freely, strongly and boldly, the measures that had been taken by the administration copies were sold-of the second 7000, of the of the country, or which that administration were subsequent numbers, 12 or 13,000 weekly-and pursuing, was an exercise of the liberty of the press it is now said to have advanced to between 20 which he would be one of the last men to trench and 30,000!-It is well observed of him that upon. But under any form of government, whether he has attacked corruption, "with an iron pen monarchical, democratic or any other description, and brazen front, and bearded the ministry to to impute to those who had the administration of their very face on his trials." The case of the government, wicked and corrupt motives, either of a pecuniary nature or of another and worse sort, verdict being recorded in the absence of part namely, that of corruption which originated in a desire of the jury, in the first trial, and of his acquit- to destroy the constitution of the country-th

1

22

would state, without hazard of contradiction, was a according to the best of their judgment, advise the libel against the government and against the minis- crown as to any legal measures which it might be ters employed in that government. This was not a necessary to adopt they swore that they would honew doctrine; it had been laid down by the most en-nestly and conscientiously perform their duty, withlightened judges that ever sat in that court, at a pe-out favor or affection; and he begged to state, that riot too when the constitution was supposed to if any error belonged to the present information, it stand on its fairest and firmest basis-he meant at ought to be visited on his head, for it was entirely his the time of the revolution. It was then stated, by act, perfected without any information being given -chief justice Holt, that "to impute corruption to the to his majesy's ministers. He found himself called ministers of the government was at all times, and is upon to act as he had done in the fair exercise of till a crime-which if it were not prevented, must his duty-and he felt that he should have neglected endanger the existence of any state." If the present that duty, if he had not filed the information. The publication only reasoned on the general sytem of go. information charged the defendant with having imvernment, or on the system which it was found ne-puted corruption, and a determination to destroy cessary to pursue for several years, in prosecution of the liberties of the country, to his majesty's ministhe war with France, he would have overlooked it. [ters. He should now proceed to read the publicaHe was perfectly willing to admit that if a man were tion-and if any man doubted that it imputed those fairly and conscientiously discussing all the measures base motives to the minister, he should feel great that have been resorted to, and if in the violence of surprise indeed. Certain parts of the publication his argument, he went a little beyond those bounds were selected as libellous-but, if the defendant, by which the law set up for the liberty of the press-referring to the context-by reading the whole of an excuse might be made for the warmth of his feel the article could explain away that which was ings. He was one of those men, who, in such case, charged as exciting hatred against the government, would not dwell on those aberrations from the strict in the name of heaven let him do it. If the defenline of argument; he would not in consequence of dant could show that he (the attorney general) haçl them, charge the individual with inflammatory and put a wrong construction on the publication, be seditious views. But, when the whole sum and must of course be acquitted; but he would assert, substance of a statement, charged the government that let the defendant take what part he pleased of of the country with corruption, with treachery, with the article, it would be found to be a direct confira determination, persisted in for years, to destroy mation of the charge of wickedness and corruption, the liberties of the people, it was no longer a fair which he had alleged against the ministers, em, argument on general affairs, it became a malicious ployed in conducting the affairs of the country.— libel, imputing to those who were employed in car-[The learned attorney here proceeded to read the rying into effect the measures of the government, the publication. It was entitled, The Past, the Presens most wicked and impure motives. If individuals and the Future. It charged ministers with infamous had a right to do this to any administration, they duplicity and treachery, and with the most scandahad a right to do it to all. If they had a right to lous corruption.-Ministers (it set forth) had told do it under one form of government they had a right the people that they were fighting the battles of the to do it under all; and, therefore, he stated it as a country, while they were only fighting their own. decided principle, that it was impossible for any They have been induced to fight the battles of legi government to exist under such circumstances.timate governments abroad, while ministers were The defendant, in the libel complained of, not only destroying at home that constitution which they accused government with acting corruptly, in the ought to have defended. That constitution which administration of the domestic affairs of this coun- France could not assail, and never wished to injure, try, but asserted that they were equally corrupt, perished ignobly, and without a struggle, amidst with reference to the relations they had formed with the representatives of the people and the guardians foreign states. If, speaking of the justice or wis- of the public purse. Were ministers contented with dom of a war, the defendant is pleased to state, as this-or must the people bleed, to appease their hahe had done, that the king's ministers had entered tred of the cause of freedom and reform? If we it for the sole purpose of destroying the liberties of must bleed, we have only to request of them, in the their own country-If he declared, from first to last, words of Ajax, "let us perish in the face of heaven," that they had been guilty of corruption and treach-breathing our appeal to the god of freedom against ery, was not this bringing them into hatred and the agents of tyranny and degradation. We embarkcontempt among the king's subjects? was not this ed in the last war to conquer France, and we have exciting a spirit of disaffection among the people. conquered ourselves. After attempting to overThis was the nature of the libel that was charged --and, he asked, whether such a statement could be considered as a fair argument on the wisdom or policy of the measures adopted by government? Was it consistent with the fair liberty of the press? or was it not charging those who were thus attacked with acts, which, if permitted to go on, must be destructive of the constitution and laws of the country.

throw freedom abroad, ministers had turned their attention to the destruction of freedom at home.] The learned attorney commented on these passages with much severity. He denied that any attempt had been made against freedom abroad. This country had been forced into a war to check the aggressions of the revolutionary government of France. berty from a foreign yoke-and they were obliged They had been called upon to defend their own liIlere, he wished to observe, as there were some to support the nations on the continent which had persons who supposed that those who stood in the been singled as the objects of French ambition, be situation in which he was placed, being, as it was cause through their medium the French govern called, servants of the crown, were also the servants ment supposed the vital interests of England could of the ministers of the crown, and prosecuted just be most successfully assailed. Every act of aggres as they pleased to direct-that the present prosecu-sion, throughout the late war-the invasion of tion was entirely his own act. The idea to which Spain, the attack upon Russia, &c. could be traced he had alluded, was most fallacious. The law offi-to this source. The libel went to observe, "That cers of the crown, before they were placed in their every man who perished in consequence of the exist situations, called God to witness, that they would, ing state of things, was virtually murdered-and

Cross exumined by the defendant.

though the law might not reach the authors of his seen the libel, and believed it related to his majes death, yet the all seeing eye of heaven was fixed ty's ministers in the administration of government. upon them, and vengeance would ultimately over. The word "we" at the commencement of the libel, take them. Ministers had so deeply injured the he understood related to the people of England. people of this country, that they could not be for Wherever the word "ministers" occurred, he believ given. Nothing operated so strongly on the feel-ed it related to his majesty's ministers. The exings of the murderer as the spectre of him whom pression "when such men as Castlereagh bribe such he had destroyed-the wounds he had given were a man as Canning," applied, in his opinion, to lord constantly present to his view-no eye was turned Castlereagh and Mr. Canning. on him, that he did not consider glistening with vengeance-he heard no voice that did not sound Why do you suppose the passages in question terrible to his ear. It was thus with ministers and apply to his majesty's ministers?-Because I think the constitution. It lay mangled at their feet-they there are no other persons to whom they can apply. gave it the mortal blow-and now they looked Defendant-Do you think, then, there are no around, dreading the hour of vengeance." The persons in the country who are base and treacherconstitution of England observed the learned attor-ous, except his majesty's ministers? (This question ney was dear to every Englishman-and, because it occasioned a loud laugh in the courts) was dear to him, he charged the present defendant Mr Justice Abbott desired the defendant to put as a libeller, who, by the publication he had read,his question in a decorous manner. endeavored to excite a spirit of disaffection amongst the people, by which the constitution would be evidently endangered.

Defendant-I merely want to know on what ground the deponent has formed his opinion. I shall however, only ask him another question.The second count of information charged the de- Pray, what is your profession?—A conveyancer. fendant with a libel on lord Castlereagh and the The case for the prosecution closed here. right hon. Geo. Canning. This libel stated "that the The defendant then addressed the court at appetite of the ministers, for plunder, seemed to in-great length. He stated that if he were conscious crease, as the finances of the country diminished. of having deserved the observations which the attorWhen such men as Castlereagh bribed such men as ney-general applied to him, he would not stand be. Cinning, to become members of the administration, fore the court with the indifference which he then the state of the country was deplorable indeed. did. He only exercised the fair privilege of a pub Such was the unblushing impudence of Canning's lic writer, in using the arguments which he had laid brazen features that dared to sit in an assembly before the public, and he was by no means asham. from which he ought to be dismissed with execra-ed of them. The present mode of proceeding dif. tion. Every petty wretch who committed an offered much from that of the good old times to which fence through distress was punished for it--but the the attorney-general had referred. At the periods statesman who took advantage of the confidence of to which he alluded, he would have been obliged to a nation, and preyed, like a vulture, on its life-blood, come forward and make his charge before a grand was suffered to escape. When the gibbet was pre-jury, to whom he would have been compelled to shew pared for one, the scaffold ought to be got ready sufficient reason for dragging a defendant from his for the other. The wretch who proceeds to acts connections, and shutting him up in prison, prior of violence, for want of food, might be pardoned, to any other proceeding-instead of having rewithout any great extension of charity-but the course to the present illegal and unconstitutional villian, from choice, ought to receive condemnation mode of prosecution.

without pity, and death without remorse." The Mr. Justice Abbott interrupted the defendant.learned attorney commented at length on this part he could not allow him to call the proceeding by inof the publication. He admitted that, in the ab. formation illegal and unconstitutional; it was, in stract, some of the general propositions were true; fact, as old as any other part of the law. but they became libellious when applied to particu The defendant continued.—The proceding was lar individuals, as was the case here. But it was oppressive and unjust—and would not be pursued an artifice practised by those who wished to agi.by any person who was anxious only for the fair ad tate the public mind, to state strongly, certain pro-ministration of justice. Any act contrary to magna positions with which, in the abstract, none could charta or the bill of rights, was not law, and could quarrel, for the purpose of applying them to the not be made law, by any legislator under heaven. detriment of the character of individuals. If they Feeling this, he conceived that he was not proceedhad arrived at that state of society, in which all ed against according to law. He did not stand there this was to be allowed, with impunity-if peace of to answer for his principles, but to avow them.mind were to be assailed, without fear-if there Whatever they were, they were his own and nothwere not safeguards for the preservation of charac-ing which he had heard from the attorney-general ter-then let the jury pronounce that this was no would occasion him to alter them. The principles libel, and let the court and the country lament, that he espoused, so far from being calculated to creno man was longer safe in the performance of pub-ate disorder and rebellion, would, he conceived, lic duties. But he anticipated a very different re-prevent them. It was not because the attorney ge sult. The publication should be read-and unless neral came and said, that this country had been enthe defendant could explain it away, he was convin-gaged in a war for the benefit of mankind, that he ced that it must be pronounced a most libellous was to take it for granted. Ilis opinion differed in production. this point from that of the learned gentlemen, and

The libel was then read-and a person, of the until he had studied politics as much as he (the dename of Benjamin Steed, proved that he had receiv-fendant) had done, he would not take ipse dixit of ed 1,000 numbers of it, from the defendant for pub-the learned gentleman, whose inquiries were en lication. tirely of a legal nature on this subject.-It was said

Mr. Groome deposed, that the right hon. Robert if he had given bail, he would not have been kept Stewart, commonly called viscount Castlereagh, more than an hour or two from his business. But, was a knight of the garter, and that the right hon. when he felt himself oppressed, he never would George Canning was a privy-councillor. He had bow to his oppressors; it was because men had been

weak enough to do so, that abuses had not been ful- conceived that he was perfectly justified in charging ly examined, and properly remedied. He had five them with any motives which might be fairly in weeks been imprisoned on a judge's warrant. Heferred from their conduct. At the time he had suffered that imprisonment, because he wished wrote the article in question, ministers had subto expose the injustice of a law, that ought to be met verted the constitution. They stated, that it was with the execrations of the people. He had been insufficient to guard the nation against treason refused copies of the informations filled against him which existed only in their mind-against plots -he was therefore, to gather the charges alleged of which the people new nothing, against conspirafrom what had fallen from the attorney-general-cies, of which they themselves were the only deposi Fortunately he had received a little advice on this tories.

occasion, otherwise, perhaps, he would not had any When, in consequence of such statement, the thing to say in his defence. Suppose this case had constitution was suspended, and the liberty of the been just the reverse of what it was-supposing, subject was placed uuder the mercy of the secre nstead of being a single man, caring for few, and tary of state, he had a right to contend that he was. for whom few cared, he had been a tradesman with only making use of that legitimate condemnation a large family-suppose he had been in ill health of those who planned such measures, which, as a and requiring all the attention persons in such a public writer he was authorised to do, in the prostate demanded-what then would have been his duction of the publication exhibited against them.. situation, in this boasted land of liberty, when hur-The defendant next adverted to the present law of ried to a prison, because he dared to express his libel, which he observed, was borrowed from the opinions? The defendant then observed, that he proceedings of the star chamber, and might be tra was charged first, with a libel on the king's almi-ced ultimately to the Justinian code, that which nistration of government-and next with a libel on was intended to put down the last spark of freedom. the administration itself. The first charge was fal-in Constantinople, (such was our commercial enterlacious-for it was a constitutional maxim that the prize) had been imported here, but it was not naking could do no wrong--and, therefore, he could turalized, and he trusted the jury would look at it not be said to administer the government. If it with a most suspicious eye; and that, by their ver were asserted that he did administer the govern.dict this day, they would declare, that no character ment, then the maxim was futile-for, in the ad-in a public situation, should hereafter be exempted ministration of government he, like others, was lia- from inquiry, nor from accusation, when accusation ble to error. was deserved, The defendant, after a great varie.. The defendant then proceeded to argue, thatty of remarks on the speech of the attorney-gene. his statement with respect to the administration ral, proceeded to state, that he believed the preitself, was well founded. When warfare was com-sent prosecution was commenced in consequence of menced for the purpose of putting down the prin-his having remonstrated with the late attorney-geciples of the French revolution, they were told, ral, on the conduct pursued by the rev. Mr. Powis, that all their hopes of happiness in Heaven and of a magistrate in Staffordshire who caused a person blessings upon earth, depended upon resistance to to be apprehended while selling The Black Dwarf these principles. They all knew the promises The defendant called on the late attorney general made by the minister of the day-and they all to prosecute the author of it, in London, and to put knew the result of those promises-they were all an end to the proceedings against those who retailfallacious. Every thing except legitimate monarchy ed it in the country. Soon after this communicahad been lost.-And here he wished to know, tion two informations were filed against him-which wether, by the triumph of legitimate monarchy, he attributed to this circumstance. The defendant the learned gentleman meant the triumph of those then adverted to the strongest points in the allegaccursed and detestable principles which were re-ed libel, which he strenuously defended. He adcognized by the ministerial writers of the day? If mitted that they were strongly written and he inhe did, then had England fought to establish the tended that they should be so, in order, if possible, most pestilential principles that ever were adopt to awaken the people to a just sense of their situ ed-principles which Englishmen had always re-ation.

sisted, and which freemen would always be ready The attorney-general replied at great length. to oppose. If a system founded on such principles | He defended the course of proceeding which had were to be adopted, he would rather be its victim been adopted, with respect to the defendant, as than its slave-the learned gentleman might ex strictly legal.

change his brief for a dagger, and write his epi- Mr. Justice Abbott charged the jury. It was, he taph in his blood.. They were told that the liber-observed, open to every subject, to discuss the meaty of the press must have its bounds and limits. If sures of the government, provided he did so reait must have those limits, he hoped Englishmen sonably, fairly and calmly-but if, instead of so diswould not suffer an attorny general to prescibe cussing measures, a person choose to utter and isthem. They loved that liberty too much to trust it in such hands and if the orphans were too weak to walk alone, they would not he was sure, entrust the leading-strings to that individual who stood directly between the government and the people. The defendant then went on to animadvert on the whole of the publication in which the alleged libel was contained, contending, with much energy, that, as a public writer, he was justified in descanting on the conduct of public men-who, the moment they became public men, merged their private in their The jury retired, and after deliberating an hour public character. He would assert, that ministers and a half, the foreman, with some of his fellows, not only felt a desire to destroy the constitution of appeared in the court-the remainder of the ju the country, but he would go further, and declare ry, from the structure of the court could not be › that they had accomplished their desire, and he seer.

sue forth to the world stander and calumnly against the government or the individuals composing it, he was guilty of a libel.-There was a point where reasoning ceased, and calumny and slander began; and it was for the jury to consider whether the pa.. per in question was, in point of law, a free, fair, and candid discussion, or whether it did not go beyond that line of argument which ought to be preserved. His opinion was, that it was a scandalous, malicious and seditious libel.