Excerpt from Libel Suit of Chief Justice Ames Against Thomas R. Hazard: Hon. Joseph M. Blake's Argument for Defendant Upon Plaintiff's Demurrer

Many of you are aware that when Mr. Ames was appointed Chief Justice of the Supreme Court and Reporter of its decisions, he reported as an unprejudiced reporter the case of Robert H. Ives against Charles T. Hazard and others, in which he had been the leading counsel for Ives; and that his report was so satisfac tory to Ives that he obtained a copy of it before it was officially published, and appended it to a letter published by him in his own vindication. I published a reply, and denounced the report as unfair and false, and as agent for the defendant; conducted his petition before the Gen. Assembly on the subject. Without being allowed an opportunity of defence, I was branded as a slanderer, and Mr. Ames sued me for a libel and attached and still holds a lien upon a large portion of my property, consisting of three valuable estates, one of which alone is taxed for nearly three times the sum named in the writ, to secure his claim of ten thousand dollars damages. I supposed that this suit, though it might be very costly to me, would afford' me an opportunity of proving to the public whether I am a slanderer or not. Judges and Reporters hold their offices for the benefit of the public, and our Bill of Rights professes to secure the liberty of the press and the right of every man to defend himself upon the truth in libel cases, and it might seem a very simple thing for one to defend himself for a libel, if the facts he published were true. This would be a great mistake, and my principal object now is, to have you understand the power of our judges to smother and ignore the fundamental principles of our institutions. Before one can go to the jury upon the question whether his statements were true or not, he must, by a written plea, set forth the facts upon which his state ments were based, and get the decision of the judges that the plea, if found true by the jury, is a sufficient answer.

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