The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-07

THE TRIBUNE ON ADvERrIsNa-The New
York Tribune has come remarks to make or the
subject of an advertisement which appeared
day or two since in this journal, and which, by
some peculiar process of ratiocination, that
journal connects with lottery enterprise with
which it appears TO be very familiar. The
7'iJsme takes the ground that this journal should
be prosecuted for publishing, as an advertise
ment the business card of q business man Of
Savannah, Georgia; and quotes, in support of
its views, a section Of State law imposing
p nalties on sheets which advertise lotteries.
The Legislature of this State has ample and
complete right to make laws to prevent the sale
of lottery tickets within the State. 1t may
likewise enact any laws that may be required
to give full force and effect to any such pro-
hibition, and to carry out the suppression of
lotteries within the State. But whether the
State Legislature has the right to prohibit the
publication in the newspapers Of this or that
class of advertisements in themselves
are not offensive to decency or public morality
is very different question; we are led to be-
lieve that, under the constitution of the United
States, the Legislature has no such right to
abridge the liberty of the press.
1t is unquestionably contrary to good morals
and the well being Of society to openly advo-
cate assassination in newspaper. 1t is equally
immoral and injurious to assail the institu-
ton of matrimony, and to prOmulgate the
doctrines of FOurerism and free love. But
the Legislature would not on that account he
justified in passing law to suppress the New
York Tribune because it is the organ of assassi-
nation, Fourierism and free leve However de-
sirable it might be to put stop, in the interest
Of society, to the publication of doctrines 80
obviously noxious and disgusting as those which
find vent in the Tribune, the constitution Of this
land will not permit the Legislature or any
other power to come in and seize the Tribune
press, distribute their type, and send their edi-
tors to jail.
Neither will the constitution of the United
States suffer any State Legislature or other
body or authority whatever to exercise a GEN.
sorship over the advertisements which may be
inserted in any daily paper, 80 long as these ad-
vertisements are not in themselves and on the
face of them of an indecent or depraved ten
dency. For our part we defy the District At
torney and the State courts, one and all of them.
to make US accountable, or to punish US in any
way, for publishing the advertisement in ques-
ton, or to make 1t apparent, in any manner,
that the constitution of the United States will
sufer any newspaper publisher to be subjected
to penalty for merely advertising o common
ordinary business card.
EXHIBITIONS OF PANTNG.-The success which
the exhibition of Mr.. Belmont's gallery seems
to have hsd-in pouring several thousand dol
lars into the treasury of the charity to which
the profits Of the exhibition were assigned; and
the equally profitable exhibition of Mr.. Aspin-
wallis Murillo. which was also worth something
to the charitable association which received the
profits, seem to have started number Of enter
prising individuals on the hunt for more pic
ture exhibitions Besides that of the National
Academy of Design, we are promised other
shows, mostly of old pictures, which are found
to draw better than new; we trust the proceeds
of such exhibitions will be as well distributed
as those of the Belmont and Aspinwall exhibit
tons. If they are, people can lose nothing by
going to zee them. If they are not, people
may just az well remember that old pictures
are like some qualities of old wine-you require
to be a great connoisseur to enjoy them; and if
you are not, they will crafty you less than any
shilling print.
PROGRESS or TRApE.-The Custom House re-
turns show remarkable evidence Of the power Of