BREWER vs. WEAKLEY, 2 Overt. 99

Campbell J. In relation to the loss of the plaintiff’s election, he ought not to complain to a court of Justice. The nature of our government is such, that every citizen ought to be free to canvass the virtues, vices, and talents of any candidate for office, nor for any thing that is said on such occasions ought an action to lie. Powel J. was inclined to think that the words were actionable in themselves, without a per quod. The nature of our government will not authorise any man, under any circumstances, to slander the reputation of another. Overton J.

A special verdict has been proposed, to which I have no objection. Slander is no more justifiable, when spoken of man with a view to his election, than on any other occasion. Unhappy indeed would any people be, where in the exercise of one right, you destroy as important a one. The enjoyment, of a fair & unsullied reputation, certainly the greatest blessing a rational being can enjoy in this sublunary state of existence; an attempt to deprive a person of it, ought, and must, in all civilized states and nations, be considered as a serious injury.

In the exercise of elective rights, it is immoral to slander a candidate. Let his talents, his virtues, & such vices as are likely to effect his public character, be freely discussed, but no falsehoods be propagated. In the course of the argument, it has been stated that the plaintiff should prove by voters, the loss of his election. This, consistent with the principles of our government cannot be done, as it would seem. The constitution provides that votes shall be given by ballot, and hence it results, that we cannot compel a voter to disclose whom he voted for.

If he does it voluntarily, his evidence may be received. There fore proof of the loss of an election, cannot be required. I am strongly inclined to think, that if the loss of votes on that ground is proved, the law will consider it as an injury, but then the words must be actionable in themselves. Verdict for Plaintiff. If with a view to an election, a person should falsely, maliciously, & scandalously, report of a candidate a charge, importing a crime, for which his life, or limb, might be jeopardized, he ought to be responsible, and for more than ordinary damages, if votes were lost.

Reasons in arrest of Judgment which were overruled at December term 1808 vide 4 Bos. & Pul, 47.