Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-29

take the consequences of his own timer
lty. 10 subject the press to the re-.
I" strletlye power of license, as was
:" formally done, is to subject ell freedom
"of sentiment to the preiudices of one
- man, and make him the arbitrary and
"infallible judge of all controverted points
& In learning, religion and government.
"But to punish any dangerous or offen-
" sive writings, which when, published,
shall, on fair and impartial trial be
adiudged of pernicious tendency, is
't necessary for the preservation of peace
q and good order, Of government and re-
& hgion, the only, solid foundations of
" civil liberty Thus the will Of individ
g yals is still left free the abuse only Of
'' that free viii is the object of legal pun
"ishment. Neither is any restraint here
" by laid upon freedom Of thought or in
"quiry liberty of private sentiment is
" still left the disseminating or making
"publc of bad sentiments destructive to
- the ends of society, is the crime which
Z" society corrects. A man may be allowed
3" to keep poisons in his closet, but not
publicly to vend them as cordials, and
81 the only plausible argument heretofore
&C used for restraining the just freedom of
rent the daily abuse of At, will entirely
q loose its force, when it is shown (by a
seasonable execution of the lawS) that
q the press cannot be abused to any bad
purpose, without incurring suitable
punishment; whereas it never can be
used to any good one, when under the
+" control Of an inspector. So true will it
g be found that to censure the licentious,
II ss,- Of 10,
Judge ADDISON, in charge delivered to
the grand juries Of the 5th judicial District
of Pennsy ylvania, in 1898, makes use of the
+ following language " Freedom Of the press
consists in this, that any man may, without
the consent of any other print any book or
writing whatever, being in this as in all
other freedom of action liable to punishment
if he lniure an individual or the public
/ Such is the liberty of the press which the
people Of the United States Of America. for
t its greater security, have made part of their
fundamental law, In their State constitu-
tions, they provide that their legislatures
should not make any law restraining the lib
erty of the press, that is, should lay no pre-.
Uious restraints on the press /; or, as the
7 Pennsylvania Constitution expresses it,. that
every citizen may freely speak, write and
print on any subject being responsible for
the abuse of that Eberty.' The same princi-
pie was afterwards adopted into the federal
Constitution, and the section established it
there is to be construed in the same manner.
So that the liberty of the press is precisely
as stated byiJustice BLACKSTONE, it being
free from all previous restraint but, as all
other rights or liberties are, subject to correc-
ton for its abuse
On this subject shall refer to but one
more au hority, VIII ch may serve to mark
out the distinction bet tween those publica-
tions respecting the government, which are
unauthorized and unlawful. The case OF
the Commonwealth rs Dennie, reported in
4th Yeats 267, was an indictment for libel
tried in the Supreme Court of PennsY' 'vania
in 1905. quote here so much of the opin-
ion Of the Court in that case as is appica-
BILE:
The legislative acts, or of any branch of
the government are open to the public dis
cussion, and every citizen may freely speak,
write or print0 on azg SUBJECT but is amend
able for the abase Of that privilege. No al
teration is made in the law as to prl1a.e
men affected by injurious publications., I'M
less the discussion be proper for pubic m
f0rmattaR. 1t is DO infraction OF law TO
publish temperate Investigations Of the ma
ture and forms of government. The en-
lightened advocates Of representiGe republI-
can governments pride themselves in the
reflection, that the more deeply their system
is examined, the more fully will the Judge
Inents of honest men be satisfied that it is
the most conducive to the safety and happi-
ness of free people. But there is a mark
ed and evident distinction between such
publications and those which are plainly
accompanied with criminal anteist, delber.
ately designed to loosen the social bonds of
union totally to unhinge the minds of the
citizens, and to produce popular discomfort
with the exercise Of power by the constitu-
ted authorities. Such writings are subver-
sive Of all orderand government. Theiib-
erty OF the press consists in publishing the
truth from good motiges and for jusfifa5le
ends, though it reflects on governments and
magitratcs, CroosareZPs Trial, PIP. 73, 81
Such publications add to the common stock
Of freedom, while the latter insidiously in
feet the public mind with q subtle poison,
and produce the most mischieveus and
alarming conseo ouences, by their tendencv to
anarchy, sedtion and civil war. Such con-
duct is punishable by the Constitution. It
may be difficult to draw the line Of demar-
cation in every instance, but the jury are to
Judge fer themselves on the plain import Of
every word without any forced or strained
construction of the meaning OF the author or
editor, end determine on The correctness of
the innuendoes. To every word they will
assign its sense, and collect the true inten-
ton from the eontext.n
1t is evident from these quotations, which
are from highly respectable authority and
should be accepted as sound Interpretation
of the law, thatlhe government by holding
its citizens crimlnally responsible for every
wilful design TO interfere with its authority
or its plans, in no respect infringeS upon
anv personal right. Much excitement pre-
walls in many parts OF the country because
of The apparent sympathy manifested by
certain newspapers and public journals with
the rebels, and in some places printing press
es and the contents of printing offices have
been destroyed by resort to violence and
mob rule This is much to be deplored on
account of the encouragement it affords to
that spirit of riot and nsubordination which
Is exceedingly dangerous In its tendencies
and never can be justified on any pretext
whatever. Such proceedings deserve the
condemnation Of all good citizens, and we
trust there may be no repetition of them in
future. lis sincerely to be hoped that
those who have control of the public press,
will conduct it SO prudenty as not to excite
angry feelings at time when the public
mind is extremely sensitive to every appa-
rent expression of disloyalty or indignity to
the goyernment-and, moreover, that if
there should be any abuses of the liberty of
Il