Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-09-15
The Gazette ON Treasonable speech and
Publications.

BDNDA StsE ~"
The Gazette on Tteasonable speech and
Publications.
In the PRESS OF yesterday we took the
liberty to review q portion Of an essay,
which appeared in the Gazette of the 10th
inst, entitled 1.-THE Belligerent Rights of the
People," wherein it was contended that
there is no such thing asliberty of
speech or of the press to oppose-thst is to
say, TO express opinions against-the acts or
policy Of the Government, in time of war. I
In the absence of topics of more pressing |
importance, we propose to say some thing |
further upon the same subject.
There has probably been no Government
engaged in war--at least none of modern
times-whicb has not had, among its SUBJ
jects, party either in favor of peace, or op-
posed to the end sought by the Government
in the war, or to the means employed to Sc
cure it.
When Government relies upon party for
its support and defense, and enters into an
alliance with that party for mutual benefit
and assistance, it has generally been deemed
wholesome for the country that there should
be another party, not in alliance, to over
look its proceedings, and expose its devia-
tions from justice, economy and the princi-
pies of the Constitution. The existence of
party upon one side supposes and necessi-
tates that Of party upon the other; and it
is not easy to see how the state Of things is
so changed by the accident of war as to
render the existence of an opposition party,
oil R6n r;,-,1o in
conceded to such parties, wrong or even in
advisable.
1t will hardly be contended that Govern
ments in war can do no wrong; and few will
be willing to commit themselves to the propo-
sition that, doing wrong, they ought not to
be exposed, aud set right, even at the expense
of being holden up to public censure and re-
pro4ch. It would be well, doubtless if OPP
position parties would always eonfne them
selves strictly to the truth would never |
make appeals to popular prejudice, indulge |
in harshness of expression, or any species of
exaggeration; but so long as Administration |
parties are guilty of the same vice, and in |
an equal degree, this is a thing rather to be
wished than expected. At the most, it is no
worse upon one side than it is upon the
other; and it would be hard if, while the
Government was indulging itself and its own
partizans to the full in liberty and even
license of speech, it should set itself up as a
censor and critic of those who, with equal
claims to sincerity, dissent from its views or
disbelieve in its policy.
The notions of the Gazette ere founded
upon that very common, but at the same
time, very erroneous idea, that the Govern
ment is thing which has powers Of itself
and is invested with rights and interests
different and separate from those of the
people. 1t is not necessary to combat this as
an error, for the Gazstte will not, in terms,
insist upon it; while it celebrates an argu-
ment which is consistant with no other view
of the case. II, as we constantly claim, our
Government is but reflection of the will of
the people; and that in its doings, that will
is always legitmately persistent; it seems to
follow that the will of fevery individual COM
posing that people is, under all circum.
stances, entitled to its weight by every
usual form of expression, whether di-
rected Immediately upon the Government, or
by such other means as men employ for the.
concentration of popular opinion.
"The Government" says the Gazette, "has
the right to suppress, by military authority,
every journal whose motive is clearly treas
enable" Here is another very precise state
ment of a very loose proposition-so loose as
to leave the meaning Of the writer open to a
great variety of copjectures--so loose as to
give ground for the suspicion that it was
intended as puzzle, or to mislead the reader
into the impression that something was said
when nothing was intended. IF the writer
meant that the Governments has the right to
seize every copy of newspaper which con-
+ains matter calculated to aid the operations Of
the public enemy, he is correct and under this
rule, it is probable that if justice had been
done, every copy of the Cincinnati Gazette,
during three or four months not long past
ought to have been seized and confscated
But our cotemporary is not one to lay dowr
rules to operate against himself; and we ar
driven to suppose that something more o.
less than this is intended. There seems Il
be a consideration of reasonable motives
as if there were other means to judge of mo
tives than those furnished by acts; there il
something that looks like designed am
biguity in speaking of the motives of
journal, as if they might be distinct from
those of its conductors and finally there i
a charming ndefniteness in the word 'sup
press" in the connection in which it is EN-
ployed.
If the Gazette means that military re
preventative of the Government may, at will
seize upon newspaper establishment ant
destroy, copfscate, or deprive the proprietor
Of its use, because in his opinion its motives
or the motives OF its conductors are treason
able, the Gazette is mistaken. There is n
such right, either in peace or in war, in in
vasion or in rebellion. Traitors may t
punished, according to law, on prosecutio
and conviction; spies may be taken, trie
and, if convicted by court-martial, sho
reasonable matter, or matter calculated
dc service to the public enemy, may
seized and suppressed; but with anybody
printing press and types, or with anybody
motives, except as shown by their ac
writings and words, Government has nothil
to do.
II tsl,;no Iaava of tbis sub;aot for 4