The Sun.
London, England, 1863-06-05 00:00:00

THE PRUSSIAN PRESS.

The following is the order concerning the prohi-
bition of newspapers and perodicals on the let June,
1863 :
" We, William, by the Grace of God King of
Prussia, &c., on the report of our Ministers, and on
the grounds of Art. 63 of the Constitution of the
31st Jan., 1850, decree what follows :
" Art. 1. The governing authorities are em-
powered, temporarily or permanently, to prohibit
the furtLer appearance of any journal or periodical

on account of a persistent attitude (tone or ten-
dency) dangerous to the public welfare. Such en-
dangering of the public welfare is to be held to exist
not only when individual articles have, by their con-
tents, given occasion for criminal prosecution, but
also when the general tendency of the paper betrays
the endeavour :—to undermine respect and fidelity to
the King; to endanger public tranquillity by irri-
tating the subjects of the States against each other'
to hold up to hatred or contempt the institutions (;)`
the State, the public authorities and their ordi-
nances, by the distortion or invidious misrepresee.
tation of facts, or by invectives and scoffing; to
excite to disobedience of the laws or of the orders
of the authorities ; to undermine fear of God and
good morals ; to insult the precepts, institutions, or
usages of one of the Christian Churches, or of a re-
cognised religious society.
" Art. 2. After two previous warnings of the
publisher, prohibition ensues by the decision of the
Government (in a plenum of the Council) in whose
district the periodical appears.
"Art. 3. When the Government-President (tli
el ief authority of a Prussian Bezirk or district) is
convinced that the tendency of a newspaper is that
pointed out in Art. 1, he is to give the publisher
a written warning, which is to state the grounds
on which it is given. Should this and a second
warning proof ineffectual, proceedings for the pro-
hibition of the periodical may be commenced before
the Government (local) within two months of the
last Warning. If such proceedings be not com-
menced without that delay, another warning is
necessary before they can be taken.

" Art. 4. The President of the Government (dis-
trict) disposes concerning the introduction of the
inquiry, and designates the functionary who shall
act as public prosecutor. [This latter hands the act
of accusation to the Government.] The accused (the
publisher) is to have a copy of the same, and to be
invited to a verbal procedure at a plenary sitting
appointed by the President. In this procedure,
which is not public, as well as in the decision of the
affair, the proceedings shall be as prescribed in Arts.
35, 39, and 31 of the law of the 21st of July, 1852,
respecting derelictions of duty on the part of non-
judicial functionaries. The decision, however, can
be merely to the effect of rejection of the accusation,
Or to that of temporary or permanent prohibition
of the further appearance of the periodical.
Art. 5. The Public Prosecutor or the publisher
may appeal, within 10 days, to the Council of Minis.
ters, against the decision of the local Government.
In the former case the appeal of the prosecutor is
to be communicated to the publisher, for him to
prepare his reply to it within 10 days. The lodging
of an appeal does not, however, delay the carrying
out of a sentence of complete (permanent) prohibi-
tion pronounced by the .oval Government.

" Art. 6. Whe❑ it becomes notorious that a pro-
hibited periodical is to be continued in some other
manner or form, whether under the same or
another name, the President of the district in
question is empowered at once to forbid the under-
taking.
"Art. 7. Persons exposing, selling, or distribut-
ing a newspaper or periodical published in contra-
vention of this ordinance, shall be punished for each.
number so sold, exposed, or distributed, or by a fine
of from 10 to to 100 thalers, or imprisonment for a
term of from a week to a year. The application of
other punishments incurred by the propagation of
writings of a criminal nature is not precluded by
the provisions of this article.
" Art. 8. In the police district of Berlin and
Churlottenburg, the functions assigned by this ordi-
nance to the Government Presidents will be exer-
cised by the Polio President of Berlin, and the
proceedings (judicial) will take place before the
Berlin Presidency of Police.

" Art. 9. Foreign newspapers may be forbidden
by the Council of Ministers by reason of a persis-
tent tendency dangerous to the welfare of the
Prussian State.

"Art. 10. The present ordinance comes into force
this day.
" Given under our hand and seal, &c.,

" WILLIAM.

" VON BISMARK. VON MI:MILER.
VON BODLLSCIIWINGH. GRAF ZUR LIFFE.
VON ROON. VON SELCIIOW.
GRAF VON ITZEMPLITZ. GRAF ZIT EIII.ENBURG.
" berlin, Jane 1, 1863."