The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-17
8 - NEW YORK HERALD MONDAY OCTOBER IT, 1859

longing thereto Now the law does not supply any dc.
hnies meaning FOR tho terms II uses, and in this
T. sopy. meaning for themselves The act IL Congress
under VI ~ ~ action il brought does not explain the
meaning OF tho word indecent 10 does not eX plata ia
what position The human bciy might he represented 10
pictures cravings, so us 70 come within the mraaag
o ,he word indecent u does not state what way the
natural position OF hgure might he asvated from to
MAKE the representation indecent No, geaemcn of the
Jury The law leaves that 10 you determine wherein
picture OF engraving may compoft viii, or violate the
law, Ms enacted Ia this respect tho lazy leaves
tho question ei what may be decent, indecent
10 the ideas, the tastes and sentiments OF tho con-
muniy We determine what rs decent Indecent
b. the standard OF morals recognized py tho
time il must be admitted that there Is great variety Of
tastes and sentiments upon questions &c TINS kind You
gcnteen have and tho benefit OF the testimony OF sovc
raj respectable witnesses to their individual opinions Of
the character Of these pcurcs and from that testimony
and from your own experience and knowledge Of the gene
rally accepted meaniag of the torn indecent you
called upon decae Ihc true Interpretation OF the phrases
Indecent and ssobsceDe' and TO pronounce your YER
dla according 10 sach interpretation. We know we'll
that the painter and the mner or the photographic artist
can so represent the hurian form nsantaneousy to
convey to the mind Of the behoder Of obsceny
could present in such positions that the mind would
sncyey revolt and be filed with Indignation against the
exhibitor OF such in that there would be doubt
whatever 10 the obscenty udecency Of the picture
representation and against such as these eicacy aud
u7odesty must revolt But there be distinc-
ton drawn between painting of mere questionable cha
racter and that which is exceedingly mmodest and nde
cate For gentlemen, though painting may in itself DO
ofenSve in it's character. yet it may uader the
III,
his case it is for you to distinguish between these
classes Of iatonshe merely low and the posi-
lively Indecent And therefore there is wide margin
to be efs for distinguishing between the two-beween
presentations Of the human body which decidedly
obscene, and those which though offensive few mirht
not he considered by the many improper In judg-
ing matters Of this kind we must be guided
by the ideas and sentiments Of the community. o.
vous that there many things permitted in state
of civilization and refinement, which in another and
higher state would not be tolerated moment II must
be also admitted that in one state style OF language
"a MY nhl
which IN another state would be treated grossly i'm
proper and insulting. Now, it is evident that Congress
did not intend that the act should apply to prints Of
doubtful character. but that the term ndecent should
be taken In its scverest The natural construction
to put upon the meaning OF the act is that the part to be
indecent and TO come within the meaning of the statute
must be of that grossly indecent character at to
excite public sentiment against it, and to call for
public reprobation. II must not be a matter
subject TO diverse opinions requiring time to decide
upon it, but it must be Of that character which when
Is calculated 10 call for public opprobrun. This Is
the class of prints which Congress intended prohibit
the introduction of into this country and which they by
law gay are forfeited if seized and must be destroyed
BIT then the severe part the law and that
which demands your fullest and most earnest oonsdcra
ton The statute enacs that not only shall the forbidden
article be seized and destroyed but adds that Ill goods
of which these condemned articles may have formed
part shall also be forfeited and condemned This gentle
men very severe penalty for though the forbidden
article may not be worth more than hundred dollars
the legitimate article may be worth thousands Therefore
the offence against the statute ought to be established be-
yond The shadow of doubt There ought not to be two
ideas upon the question There may be in which
Of superior refinement will condemn while his less
cultivated neighbor nothing Objectionable that
voves question of taste and refnemet but in this case
gentlemen, the interests involved too serious t, BE-
treated in this and, said before, there must
b. two ideas about it, To carry the spirit
ton OF The act the print the subject Of prosecution must
be to all mems minds indecent and OBSERVATION-DISCLOSURES to
the feehnes, and revolving to look upon Another point I'M
questonaoy provided for by the statute Isl that the print
or pie.ire objected to, must have been exposed
to pubic view, Intended fer public exhibition
and thus calculated raise impure ideas and excite
mmodes feelings in the minds of tho respectable portion
Of the community. The design Of Congress in enacting
this statute undoubtedly to prevent far their
power lay, the public feelings, the public sentiment and
morality from being tainted by the exposure Of prints or
paintings of description and character calculated
Congress only legsates regards articles of foreign
manufacture does not attempt to pass laws to control
domestic tastes OF local customs Congress pass
laws prohibiting us to paint or manufacture what
figures or articles We please. That duty devoves
upon the municipal Legislature Of tho State therefore,
Congress is dealing in this matter only as refers to
foreign manufacture, and the meaning of the word
Indecent is left vague and underlined, and as the
penalty is very one, will be but acting Justly in
ndersandng the word in ito strongest sense-that is
that the photographs, the subject OF this prosecution
and excite inmodcst thoughts and impure feelings r.
gentlemen, from the testimony Of the Witnesses and from
your own feelings, looking at the photographs you
TO the conclusion that they indecent aud obscene you
will and for the United States. IF, the contrary YOU
TO the conclusion that they do within the
meaning OF the statute you will find for the photographs
Tho jury rendered verdctfor the United States
respectful recommendation that the claimant be remu
neSated for the value or the imported articles.