Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-11-03
Freedom of the Press.

/. Freedom OF the E10SSs
The Ohio pres and sundry other papers, are diSf
cussiup the action of Judge Mclean at Column
bus. in excluding reporters from the court room,
and in preventing the publication OF the evidence
in the Martha Washington case. THIS we oeileVe,
is tina first instance on record OF an effort oil this
kind. made by any court, and however prudent y
isbt be for such evidence MOTTO be published YET
ve regard that as question addressed solely 10 the
discretion Of the press, and not dependent upon
the dietum of the court. The freedom oil Inc press
is one of the palladiumS of human liberty anu So
REGARDED, we believe, by all the Constitutions oil
the ITnion. and while this freedom, absolute and
uncomfortable by power, may sometimes run into
I;centousness vet there has always, thus far, been
founI a compensating principle inherent IN the
o.onIe and the conductors of the press, which re-
calls II from its errors and re-adiusts it on its pro-
nsr foundation. This is the work Of opinion and
n,ineiple, not of power; and the effort of Judge
Mclean to stiae the freedom Of the press by force,
rather than by persuasion, We regard as the an
nunciation of principle highly dangerous in its
tendencies, and fraught with mischievous conse-
ouences 10 the nation.
While the courts OF the country are entitled to
our respect and confidence, and should alwaysre-
ceive the aid and countenanceo of all good citizens,
while in the pursuit of their legitimate duties, yet
even the most casual reader of the history of the
mast cannot be unmindful of the tyraupical agen-
cy exerted by the English courts in times past and
that they proved the mighty leyers in the hands of
the crown, with which the Liberties of the subject
were beaten down, ind the prime movers in the
cause of freedom, so long stiied in England, were
crushed and made to bow before the dictates ofthe
crown. We need not refer to instances of theoP-
precision to which we allude. WePoint not toJef-
fteys. to Saunders, and to the numbers Of Chief
Justices, to whom England was so long indebted
for the continuance of tyranny, but we point to the
re gns of the latter Henrys, of Mary of Elizabeth
and the stuarts, all of which develop and establish
most incontestbly and clearly the fact that there
is no more potent engine Of oppression than ty-
rannical and arbitrary disposition on the part OF
,bose whose duty it is to administer thelaws OF the
land. The action of Judge Mclean is but tile
partial development of growing self-opinionism
which has been for some time observable in the
courts of the country, from the county judge up 10
the mGgnates filing the Bench of the Supreme
Court. There is a marked disposition on the part
of the latter to extend and enlarge their jusisdic-
ton and the influence which they exert over the
country. The Supreme Court is far more Federal
now, in its tendencies and assumed jurisdiction
than in the days of Marshall and of Story, andthe
petty displays of tyrannical authority which have
been recently witnessed in two of the Judges OF
that Court, may well make US jealous of its as
sumptions.
Judge Grier, while unfolding the supremacy OF
The law and the Constitution, degraded himself,
and the losition which he occupied, by petty in
dignity, and Judge Mclean by more dignifed ty-
ranly has struck blow at the freedom of the Press
for which he can find no authority save in his own
arbitrary will OF in the example of the Star Cham
Der, or Judges such as Jeffrey and his associates
and successors. Solong as gentlemen OF the Press
behave themselves with decoruln and order in the
court, SO long are they entitled as freemen to re-
main there. They responsible to no court Tor
their acts while there,save when that act there in
terruuts the business of the court and causes dis
order They have as much right to take notes as
they have to write private letter, and the Judge
has as much eoucern with the one as the other
When they leave the courtroom what they have
written is their own and they may give it what di-
rection they may deem proper and are responsible
TO no Judge for their act If the contrary be law
then we may well anticipate a remodeled Star
Chamber and its monstrous excuses.
The Judicature OF the country, as are its other
departments, should be open to the inspection and
criticism of the people. Its proceedings must be
regarded with an equally jealous eye, its errors Wis
tied with equally unsparing condemnation, and by
this course alone can it, with the other depart
men,s even if they cannot be kept constantlypure'
be occasionally purged. The Augean stables of
the Federal Government require constant cleans
ing. It's encroachment is constant, its permeating
power exclusive. The Executive is throwing forth
lis Barean arms over every section Of the country
seeking to direct and control by its patronage
the action of the people and of the States, the
United Stntes Courts are daily anogating TO them
selves Jurisdiction unsanctioned by the Constitu-
ton and the laws, and in dehiment of the rights
of the States, and the tyrannical manifestations
which we have so recently witnessed in some of
the Judges of the Federal Court may well make
us Jealous of their assumptions and make us deter
mine to guard more sedulously than ever against
the Entertainments of power, and to uphold more
actyelythan heretofore the ab,Oluts freedom Of the
Press.
AS IsrrRIsrlNo WILL CAsE.-In the Suro-
gates Court, New York, suit is on trial inyolv-
At l.. f.