The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-18
Tie Crisis or Liberty.

An unjust sentence OF court OF justice, con-
demning this paper to pay $4,000 for telling
the truth--an arbitrary arrest of a peaceable
street-preacher an incendary manifesto from
the head of the Roman Catholic Church, calling
upon his followers to prepare to defend their
churches and themselves from attack when no
attack is threatened-these are events which
betoken the approach of new crisis in our
history, and call for prompt attention from all
true friends of freedom. All these are alarm
ing encroachnents on our birthright. There
are those who, comparing the hundred thousand
tongues OF the press with the single voice Of an
Parsons in the more notable injury inflicted on
liberty in our own person They claim that, it
the leading journal OF America can be silenced
it matters little whether street preachers are
allowed to speak or no. There is spccious-
ness in their reasoning; but we do not endorse
it. We have already stated that neither pecu-
mary penalties nor personal abuse shall deter
us one hairs breadth from pursuing the course
which duty dictates; and, therefore, so far as
practical results with regard to ourselves are
concerned, the Fry verdict will be of no avail
in crushing the liberty Of the press. 1t may
not be so with street preachers, who have
neither the temper nor the means to resist
oppression and we prefer, for to-day to place
our own wrongs in the background, and to join
issue with the assailants of our liberties on the
Parsons case only.
The facts are very simple. Parsons thought
fit to preach certain moral and religious doc
trines to people assembled within this city to
hear him. 1t does not appear that he disturbed
the public peace or violated any law Accord
ing 10 the laws of this commonwealth he had as
good right to preach as Bishop Hughes or
bishop Wainwright. Yet, for preaching, he
was arrested: and the recognized head of the
party which would silence him tacitly approves
the arrest, and strives to infame the passions of
the populace aud to arouse a crusade against
street-preachers.
Now, what are the laws of the United States
on this point? The constitution expressly
guarantees freedom of speech to all citizens.
In Article |. Of the amendments OF 1889 q Laws
of L. s., p 72.) it is distinctly stated that
Congress shall make no law respecting an es-
tablshment of religion, or prohibiting the free
exercise thereof, OF abridging the freedom Of
speech or OF the press" In accordance with
this principle the constitution of the State OF
New York declares art /, sect 3):-'Every
citizen may freely speak, write and publish, his
sentiments on all subjects, being responsible for
the abuse of that right; and no law shall be
passed to restrain or abridge the liberty of
speech or of the press
These rules are the paramount law Of the
land. Neither Congress nor the State Legisls
ture can violate them much less any inferior
legislative body. We read, therefore. with ain
gular surprise and dismay, the following ordi.
pance of the citv Of New York.
or frsLic WORSHIP N TIE STREETS AND PUBLIC
PLAcEs-PAssED NAY IA, 1888,
Tire Mayer Aldermen ard ComnoEalty Of the City o.
New Yors, in Common Council convened, do ordatl
Sec l. No person shan be concerned or instrumental
in collecting promoting any asseabsge OF persons
under pe.enee or FOR public worship exhortatop
streets, any public place IN the city Of New York laid
Gu. and appropriated tOr the Of the ctizPna
sec y 'hal oe the duty Of all Magistrates, coo'ta
bss nersfs's an' other officers Of sad city, preesn
all such aessnbfes, ~
Sc. 8. Every constable MARSHAL other officer who
shsu neglect or rruse 10 perform his duty in the pre-
rnss shah for every neglect forfeit ara pay ths sum Of
Eve dollars.
Sec Nothing contained in the preceding sections of
this tide shall be construed to prevent any clergyman or
minister Il shy denoninston from preaching In any
place in ths city who shall have obtainei the written
permission OF either the Mayor, Recorder the
Al5erratn Assistant Aderrnn Of this city therefor.
Sec g. The fgat section OF this title shall not se cn
srrea to preyens he rntsra or people Of "a, church
usually called Bsptists from ssssDhg in proper placea
within ae cty Of hew York for the purpose Of perform
ng me rites Of bagtsm according to the ceremonies u
such church.
sac Il \. ;.ta
any clergyman minis who shalt have obtained per-
mission according TO the fourth section Of this title
who cha. be performing the rtss Of bapf,n as pe!it
d BY the 9th section Of this title or shah commit any
riot or disorder IN any such assembly under the pc nay
Of twenty lfe dollars for each offence.
Our readers do not need to be told that this
ordinance is a direct violation Of the constitu-
ton of the United States and of that of this
State. II is on the face Of IL unconstitutional,
fringement on our liberties. The right Of street
preaching is an uncontrovertible and inalicna-
bic right Of every American citizen. 1t is
founded ON abstract principles Of justice and
liberty and is specially secured by the written
letter Of the constitutions under which we live.
The religion we profess was founded by street
preaching Our Divine Master was street
preacher; bis apostles were street-preachers !;
and, with few exceptions, all the great and good
men whose prccepts we cherish aud whose ex-
ample we are taught to initiate preached in the
open streets History tells us that whenever
any hierarchy attained such an ascendency as
TO be able to crush its rivals and abolish free.
dom Of thought and creed, the first symptom Of
The coming tyranny was the suppression OF
streot-rreochiog. Arc we to infer that thc
arrest Of Parsons betokcns the downfall Of The
religious liberty we enjoy God forbid Ev-
cry American has right 10 spite Of all the