Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-09-08

press, which Dy exciting Jealousies and
local hatreds, by sowing CONSERVATION ir
the bosoms of the timed, and by torment
ing the authorities with interminable STRAIT.
agems, have exercised an almost deci.
sive influence upon the elections.
These last effects, Sire, are momcn-
tOus--the more durable results may be
remarked in the morals and character
ofthe nation. A violent lying and pas
sionate polemic school of scandal and IL
centiousness, produces serious and pro-
found alterations; it gives false direction
to the minds of men, fills them with pre-
ventions and prejudices, divers them
from serious investigations, Injuries also
the progress Of Arts and Sciences, excites
amongst us a continually increasing fer
mentation, and maintains even in the bo-
som offamiies, fatal dsse entions, and may
gradually conduct US back to state of
barbarism.
Against such a variety Of evils en-
gendercd by the press, law and Justice are
equally compelled to acknowledge their
impotence. Itwould be superfous to in
vestigate the causes which have arrested
and insensibly rendered useless as wea-
pom in the hand ofpower. 1t is sufficient
to interogate experience and to remark
the present condition of things.
The proceedings of the Judiciary fur
nish with difficulty an cflicacious rcpres-
sion. This truth, verified by observation,
has for along time been apparent to good
minds. it has lately acquired a more mark
ed character of evidence. To satisfy the
necessity which gave rise to it, repres-
sion should be prompt and poweriul--on
the contrary, it has remained sluggish,
feeble and almost void; when it happens,
the injury is committed and the punish
ment far from repairing the injury, adds
to the scandal of debate.
Juridical proceedings tire; but the sedi-
tious press never tires. The one is en-
barrassed because there is too much to
punish-the other mutiplies its forces by
multiplying its delinqucncies.
Under different circumstances, perse-
cutions have had their different periods of
activity or relaxation. But what imparts
TO the present zeal or lukewarmness on
the part Of the public minister, it seeks
in an increase of its excess guarantee
to their impunity.
The insulficiency, or rather the inutil-
ity Of the precautions established by the
laws in force, is demonstrated by the a.
bove named facts, and it is equally es-
tablished that the public security is COM
promised by the press. 1t is time, it isl
more than time, to arrest its ravages.
Listen, Sire, to this prolonged cry of.
Indignation and CONSERVATION which aris-
es from all parts of your kingdom. Mo-
derate men, good citizens, and the friends
OF order, raise towards your Majesty
their supplicating hands. They beseech
you to preserve them from the return of
those calamities under which our fathers
so long groaned. These alarms are too
Legitimate not to be listened to-.
There is but one means of satisfying
them, it is to return to the Constitution
if the terms of the eighth article are am
biguous, its measure is manifest. 1t is
certain that the constitution has not con-
ceded the liberty of the press to journals
and periodical writings. The liberty of
publishing our personal opinions does
not certainly imply the right of pub
fishing by way of speculation, the
opinions of others. The one is a
use of faculty that the law is at
liberty to grant or to submit to restric-
tions; the other is a speculation of indus
try, which like all others, and more than
allothers, ,supposcsthe supervision ofpub-
lie authority.
The meaning of the constitution in
this particular is exactly explained by
the law, of the 21st Of October, 1914;
we can place the more reliance upon this
as the law was presented to the Cham
Der the 9TH of July, that is to say one
month only after the adoption of the con-
stitution. In 1919, an epoch when q
contrary system prevailed in the Cham
bers, it was openly proclaimed that the
periodical press was not governed by the
9th article-This fact is confirmed by
the laws even which have imposed the ne
cessity of a censorship upon the journals.
Now, Sire it only remains to be decid-
ed how this return to the constitution and
The law Of the 2lst of October shall be
accomplished. The present serious as
'ect Of affairs has resolved the question.
We must not deceive ourselves-we
ire no longer in the ordinary condition
'f representative government. The
upon which it was established,
,ave not remained untouched amidst po-
itical vicissitudes. A turbulent demo-
'racy, which has penetrated even into
'ur laws, is substituted for legitimate
ower. IL disposes of the majority of
lections through the means of journals !
nd of societies constituted with similar {
Jews, il paralyses as much as in its pow q
n the regular exercise of the most cs- I
entail prerogative of the crown, that of o