The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-25

the Ssapolitsn provinces 70 b. ia
Tho Cologne says thai perfect unaervtAndins
has been 10 between the oahnets Of Rrlbn aaa
Vienna 10 take energetic measures agans nnsnars rs
tive 10 the qSesion q tn Daches The oshcr severn
ments q Germany have been addicted 70 send n~sruc
views u Prussia and Austria They are spcisa - ~
unanimous On this qsestcn.
Count DE Pesssguy's Address 90 shs Pre-
The Minister o. the Interior hss sar s m. rlo~,nx
circular 20 the projects The system Which cashs
pursued relative 70 the press q ha.ss,-
Mox-nrn IN Pssrrr-charssa with the as-er~1soaarv
power which the law the press confers The Master
clearly In what spirit intend 10 exercsa thai p.~er.
have just been living among ,-gc,le ~ho may be
Justly proud q their nsf.:;ns where the liberty q the
press y openly exercised without being Danger eth
10 the State 70 public order ~ the safety u prsons
and Of things and where, useful ~ al parties appealed
public liberty Of order and q The prosperity n ~ s~ss
try. have long witnessed that Dobc spectacle, and IL
formerly had not liked true liberty should have
quired taste for 10 in that country
As England, therefore, has preceded that car~~r
il is natural that should cndcavor 70 ~ shat
she has succeeded In ashn ilns hereof the ~
berry OF the press which amongst us st meets ~Ith ~
many enemies cxctes much ureasincss and presents
50 many dangers Let us then zee how this great pro
blem has been solved In England and like the Romans,
who, constantly improving their meaas ~ hghtng,
adopted even the weapons Of their enemies ss wons
when stndy the law The iscss In England fro-.
the period Of the of the house az Hanover
first II all struck with lis extreme rgor Tho passions q
the times and the violent struggle between partsns q
two rival dynastes and Of two opposite religion APPEAR
at first explain this terrible legislation but when
arrive at the present period when nothing u the
passions Of the last century exists and w. neverhe
less, behold the laws inspired by the spirit
Of severity by the political preocea atoms aud
interdctlng quite as absolutely the came thing,
but be struck by the contras, which be remark
81 between the extreme liberty which IN ewes
joyed by the English pres and the sss ~ the hws
which govern II; the question presents ire % The
cause OF this phenomenon, which appears strange,
anil bursts forth each page OF the history ~
England and q, each article a her egslaton astanih
inert is felt that II should have been nr the cus,n
the Continent 10 invoke the example AZ England NJ,
only fer the paep~e Of claiming the great freedom
oyed by the English press bu also o'hr liberties whch
the most severe and most rigorous e liion u,erc
thus down to tho pcte ann n alan Of the party
Of the stuarts the English laws The press appear 20
have had only single ec-to defend tn new dynasty
against It's political religious enemies and TO nierdct
in the name Il liberty NJ Y were tho arms and instru
ments Of liberty 10 the advorsaries OF the nstin.
liam Of orange, 70 the fan Of the stuart party
In place OF the ccnsonhtp which had for some time
pared 70 what followed, the rrgime Of the press, Of
books, OF journals, OF publications OF AL kinds sub
Jected to the iurisds ton Of the common law.
To understand the character Of that jurisdiction, u
must be stated that contrary 10 the statute Law, which
the Law Written and voted by Parliament the
law Is the unwritten law-tr scriIsawhich remains
ne memory and of the Judges interpreting
the traditions Of the past that this Law gives discretion
airy power to the Judges Of the crown az regards the pn
ties To be pronounced after the verdict OF the Jury and
that thus during all the time that the House of Hanover
had IN the interior political religious enemies, that
Judges Of The Crown exerced the rigorous right o. con
demning person guilty OF having written Published
70 nne, imp sonment scourgns and the pllory but
to death: AMI That not now, declaration VI the
Jury tho offence itself but the simple declaration
on the faet-Is such person the author, publisher OF
printer Of such work.
Now, II We reflect that the Judges nominated by the
Of the House Hanover and liable up 70 l7oo
e. dismissal by the Crown, IL De imagined what was
for Jacobtss ne Catholics Pspum a. shsy we've
then called and other enemies Of the state II was ouly
- os p.1y Of %
annhlej and that Of the Catholics subjected that
public opinion demanding modification 81 this rigorous
legislation. Fox obtained from Parliament bill for ap
plying the verdict OF the jury not TO the fact alone but
TO the character Of the sedcus publication or ibs
which alteration naturally made the legislation the
matter considerably milder.
I will not here dwell details Nv enumcrating Tho
arms which tina English legislation has placed At the dss
peal q the government but viii cite two charscteris
tic instances whsh will 10 show In what epirit
our Deifhbors regard the press.
T,rsnty Ave years after Fox's bill when Englani
herself at the very height of power, aud only thought
thcnsorth q ing her liberties in peace ID hap ned
thai er n crsis caused by thr dear
provisions AMI tho heavy burden Of taxation
sequenf the and also favored by the unpop4arity
Of the Prince Rant-it happened, say, that kind q
the authorities and that jurie nti
unidai- ii influenced by tho opinions, and sing
largely tho aAactments OF Foxs bill, often pre-
vented the judges Of the crown from appiyAs to
the del rquents the principles Of the common law.
In those new circumstances the Enelish Parliament
dtd hesitate give 10 the the of
forcing the nfv 10 def nd the state and consequence
a Law enacted In 1919 which punished b. tine and
imprt Infneft and il OF a srcond con, kton with
transportation thu author publisher and printer Of any
sediogs writing OF libel against the King, the royal
family The Regent tn government the constitution and
.tl nj Iarli4 af4 he
means Of 40, is,ons 80 minute 50 precise that "a
scarcely y ssblc for The Of ryrncn avoid
~ tna necessities ~ the State
BIT when the crfis of Is4s came on, rad with ID new
emotions and parties hostile 70 established order
further ricul,ies we're esperiencsd from jurcs mo
necessity then felt n determining wih st greater
ccarnsss ard precision the attacks 70 which the sss
might be espoecd 80 ncw law, entitled AN act Tor
Better Assuring Scurity Of shc Crown and OF tho
cover mcnt,r was accordingly added TO the terrible
arsenal N ngsh legislation. This time the
ctmpleie-the weapon was ~ kecnly s,arpened that
srmphcd an Irish jury, and their verdict
journalists guilty of seditious bels (John Mitchell
and John Mnchns) were condemned by the Judges Of
he crown TO fourteen years transportation, with bard
labor.
And now can any suppose that, " these Judicial
r.c oysd nS Would .
brought 10 halt by theorcss Certainly NOT Ever
faithful TO her grand principle thst pefre being rce
in the past century shrank from employing no means
when necessary 70 defend the dynssty ~ her
choice, would not hesitate now any nav peril measosd
n rrcapitulaion e spirit Of the rnelNh Legislation
regards the press, BE- thus summed upComplete
liberty for whatever vantage not dangerous for
the STATE and negaion OF Al liberty o. stacking shs
state; 20 that the liberty which the English press
ss'ys " sS%gs'e n a ssa' s., s spTss ~
any -ersIbIs man, who would for rospsts thlSk
q. rsrsHsn s'a sSe eouss ssu q there ~ @
Toy any Kind a Interference With We liberty " sbs
s Snss srs 40 sdvsassss @. all sss any parry sh