y to produce a breach of peace, or insurrection, or to jeopardize
the general rights of property, whether the intent of the writer was
wicked or innocent, as libellous. The writing itself being of a
libellous character, is of itself evidence of malice in the publication,
and it would be no excuse for the publisher to say, I meant no harm, I
thought I was doing good. In the eye of the law he is as guilty as if
this intention was really wicked. This is called implied malice, in the
absence of any other proof of malice than what is offered by the
internal evidence of the writing itself. Now the object of the motion to
lay before the jury other libellous papers, can be for no other purpose
than to prove express malice; for the published libel charged in the
first count, if it contain libellous matter, and was published, is of
itself, sufficient proof of implied malice, and if it be not libellous,
no other libellous writing can be introduced to make it so. Then, if it
be libellous itself, it implies malice; and if other similar writings
be introduced to prove malice, what does it amount to but proving the
implied malice of one libel by the implied malice of other libels? Or,
if it be said that some evidence of express malice has been laid before
the jury, can you make this evidence more strong or clear by evidence of
implied malice, contained in other similar writings not published? Upon
the whole, I do not distinctly see, under all the circumstances of this
case, how the unpublished writings can be admitted to prove the implied
malice to be gathered from them if they had been published, the implied
malice in the libel charged and allowed to have been published, or how
such evidence of implied malice in them, can be brought to prove express
malice in the publication of the charged libel in the first count. I am
against the motion.

_Mr. Key_, for the United States, then offered to prove the publication
by the defendant of the libels stated in the first, second, and third
counts, _by proving the following facts_, viz: that a large collection
of libels, and among them several copies of those charged in those
counts, with the words "_read and circulate_" in his handwriting, were
found upon the traverser--that he undertook to account for their being
in his possession, and gave untrue and contradictory accounts--that he
acknowledged that he had brought here those then shown to him, being
the same now in court, and that they compre