The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-19


have some but do not see why have incurred their
enmiy-I venture TO say that do not think single man
this floor would II be were put on his oath SAY nAt hs
believed what the senator said Of me. When spread
abroad in the form Of libel il becomes Of very different
| character.
say that this privilege under the constitution Z the
subject of judicial inquiry. The courts may say where
privilege and where libel begins He has been guilty
OF libel know sir how sacred is the liberty Of speech.
know what has been said by Mr. Erskne on TINS sub
echs language has often been praised for Us beauty
la the celebrated trial against Tom Paine MI Erskine
quoted language which he supposed had been used BY
| Lord Chesterfield Lord Kenyon said 10 him.
Lord Kenyon. That very speech which did Lord Ches-
much honor supposed to have been written by
Dr. Johnson.
much obliged TO his ordshP Tor giving me far higher au,
thorty for my doctrines for though Lord Chesterfield was
OF great wit he undoubtedly far inferior in learn
ing and what Is 70 the purpose in opn-
ion TO the celebrated writer TO whom lord has now de-
cred the work by his authority Dr. johnson then says
Gentlemen may avail themselves of this they choose
when come to another part of this matter. Dr. Johnson
says in the language put in the mouth OF Lord Chester
One Of the greatest blessings Of the great
tiousness alloy Of liberty it ebuitonan
it is speck upon the eye of the political body,
but which touch but with gentle with tre-
bling hand, lest destroy the body-est njure the eye
| upon which it is apt to appear
There such oonnexion between licentiousness and
liberty that not to correct the without danger
ousy woundng the other 1t Is extremely hard TO distinguish
tho trae limit between them like changeabe silk we can
easily see different colors but cannot easily
discover where the ends, where the other begins
In subsequent part of this celebrated forensic speech
delivered by Lord Erskne he goes TO show what the
liberty Of Speech and what is its limit He says by way
Of illustration what is exactly opposite to this case
expect hear, in answer TO what now saying,
much that win offend me- My learned FRIEND
do not call the senator my learned friend !" make
| this periphrass on that point
y learned friend from the difficulties of his situation,
which know from experience how to feel for sincerely
may be driven to advance propositions which may be
l,ty M rty n nd
that freedom but will not the ends of justice be
completely answered by my exercise of that right in terms
my argument suffer- will public justice be impeded be-
neither private honor and justice public decorum
differ from him in opinion, that he Is fool liar, and
scoundre, in the face Of the court?'
If the senator had said respectful language ave have
been adversaries this subject; differ from you think
you been guilty of great which deserve the
censure of parliamentary speaker; and intend 10 pro-
nounce a censurc believing that right and you are
wrong will detect you in the allaces of your history
will detect you in the of your law will expose
those errorsrhe would have had right to do this and
in strong language he chose but when he said al
most in many words that my proclivty to was
such that deviated from the trath in all these particulars
IL is libel in the very Language of Mr.. Erskine If he
were indicted for libel Tomorrow could he claim his
privilege under the constitution and would the courts be
precluded from deciding the question whether libel
not? There is one perhaps who has higher ideal
admiration for the liberty Of speech and the liberty OF the
press than have.
The liberty of speech and the press the great
servave element of republic it is to the political what
fire is the material worlda subservient and afuent
minister under the control of prudence and intel
gence but when unchecked and unregulated,
ming foe whitening and blasting everything along its
pathway of ruin. Render freedom of speech tributary to
the propriees deeencies and restraints of social life and
you may crown il with all the ministries and suprema-
cies of intellect and liberty but release it from them,
and IL becomes blind and maddened giant of evil,
ing down the buwarks Of social order and desecratng
the very sanctuary of republican liberty What would
you think of reckless man who should set fire 10 his
uhpulA
throwing his fire wherever he could among the most
busbe materials and say he had the right do the
ground that he was fireman. and could do as he pleased
Away with such liberty Liberty that is worth nything
must be in the harness Of the law.
Liberty of speech and liberty of the press must have two
restraints The first is the highest which will always gov
ern a class of who cannot violate 1.-THE obligations
of honor deceucy and justice Another restraint upon Ii
centiousness m that may publish and speak what he
pleases with knowledge that he is amenabe TO the rbu
nails Of the for what he has done Congress
pass any statute say that shall write against
religion against the government against indiyldu-
ais Neither can Congress pass law, nor can any state
pass law deprving the tribunals Of the country of the
right of saying whether You have gone beyond the limits
Of liberty and have used your power under that name
with criminal recklessness with centous Indifference 10
the feelings of individuals and the consequences upon
ciety do not wish to live in any community where 1t is
l otherwise.
The press is losing its power and it ought to lose it
for it is beginning to be engine Of private
and individual expression instead Of being a responsible
organ of public opinion. Suppose 10 90 10 New
York and indct OF the editors there whom could
for the most atroccgs libel that been uttered
i the South. will not the editor; but he has uttered
sentiment akin TO which has been expressed by the
senator from Massachusetts,. saw in New York paper
have alluded TO u hRretoorea statement that the solth
ern States feeble and weak take any part in
warthat all they do is TO take charge Of their ne
groes II said that " should take place between
England and the United States the English Sect would
only have 60 the capes Of the Chesapeake and the
ehemnae masters would be kept at home Fifty thousand
slaves inugad TO toll could be mustered into service and
they would have tho power 10 put their masters to the
sword and when the dsclaraton Of peace should come
the result would be the freedom Of the slaves and the pro-
scrpuon Of the masters Suppose shoEl9 60 into the
community where this libel uttered and ndict man
for such sentiment this what would be the conse-
quence IN the present state Of public opnion2 II IS idle
worse than idle-to talk about that a. G remedy.
Liberty Of the press Sir that has frankSd twenty
thousand OF his speeches. and some OF them, IL am not
msniormed, printed long before II delivered To
bring him within the privileges Of Parliament is mock
ery-a perfect mockery
Now, Mr.. President approach another most painful
part OF ths case, and 10 1t Ia bad temper for
God knows If my heart could be read there Is who
would than myself have avered the Of things
which exists IL could, consistently with my honor
and the honor Of the gentleman TO whom shall alude
The resolutions Of Massachusetts, undertook before any
evidence was beard TO pronounce Mr. Brooks
Sir win tell you who Mr. BRooKs is and why he felt
deeply in reference TO these Gbominabe libels do
aiude to him my hereditary knsman think that
Is the suaest view TO take Of the natter but bis
constituent live in "Ninety-sxp-a district through
which II you pass you will read upon the tombstones cpl
taphs which would reproach him for and gnomnioul
submission TO wrong and 10 insult
He has proud and intelligent constituency are ID
be found in any part Of The globe am bis constituent
But than that, be has worn The epauet and the
sword he has marched under the Palmetto banner and