(A.) (2) "As every person desires to appear agreeable in life, and must be highly provoked by such ridiculous representations of him as Hend to lessen him in the esteem of the world, and take away his reputation, which to some men, is more dear than life itself ; hence it halh treen held, that not only charges of a ilagrant nature, and which reflect a moral turpitude on the party are libellous; but also such as set him in a scurrilous, ignominious light, for these equally create ill-blood and provoke the parlies to acts of revenge and breaches of the peace." In Fisher v. Clement, 10 B & C, 472, it was held that Lnd Tenterden had ruled correctly in telling the Jury that they ought to find for the plaintiff, if any person, upon reading the matter complained of, would conceive an un favorable opinion of the plaintiff; and that it was the tendency and not the intention which nas the test of libel or no libel, and that the person publishing must be taken to have in tended the consequences. But there is no doubt that a very marked distinction exists between publications reflect ing upon private persons or persons in their private character and capacity, and those di rected against public persons with respect to their public character and conduct ; and that persons in public positions must expect their public acts to he the subject of public discussion and of fair aud temperate criticism and animad version, (the facts beingundisputed) even though painful to their feelings and tending to lower them in public estimation. 