The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-24
Mob Law--The Freedom OF Speech and
OF tho Preaa.

OF the Press.
Within the last ten days some four or five
newspaper establishments in our Northern
States, devoted more or less to the cause Of
our Southern rebellion, have been suppressed
under the summary visitation of mob law.
Considering the present critical position of our
government and our free institutions, resulting
from this Southern rebellion, and the tremen-
dous losses and sacrifices which it has entailed
upon all classes of our loyal people, it is not
surprising that the exctable spirits of an indig-
nant community, here and there, should forget
the counsels Of prudence and law and order,
and take the law into their own hands.
But notwithstanding the peculiar provoca-
tons of this awful crisis of life or death to our
benefcent government, there can be no justif-
cation in the loyal States of the Union for the
suppression of the liberty Of speech or of the
press by the dangerous interposition of mob
law This sort of law, always too much in
vogue in our rebellious Southern States, has be-
come the supreme law among them under the
loose and irresponsible despotism of JEFF. Davis
and his managing confederates; but even under
all the stern necessities of this war in be-
half of the Union and of liberty, regulated
by law, there is no necessity and no
safety in any case in popular re-
sort to the tribunal of Judge Lynch. Our
constituted legal authorities-federal State and
local--are armed with the necessary powers for
meeting all cases of treason; for, with the very
broad margin which in our federal constitution
is given to the freedom of speech and of the
press this freedom has its constitutional limita-
tons.
For example, the constitution declares that
treason against the United States shall consist
only in levyng war against them, or in adher-
ing to their enemies giving them aid and com
fort' This is q comprehensive definition, and
doubtless may be justly applied at this time to
every citizen and every public journal CO.
operating in any way in support of the treason
Of this Southern rebellion. But the remedy Of
mob law is as bad as the disease. Tho United
States Marshal at Philadelphia, however, has
lately interposed his authority against some of
our Northern seditious and secession journals
in another form. He has caused the detention
at Philadelphia Of the mail packages of the
Journal Of Commerce, Daily Ne,Os and Day
Book, of this city, destined further South and
West; and here the question of the legal
power of the Marshal in the premises, which,
under peace establishment, could be readily
answered in the negative, demands some con-
sideration on the side of the government
We are in state of war, and inter arma ST.
tent leges-the laws are silent pending state of
war. We are involved In a tremendous strug-
gle for the maintenance Of our government
against rebellion aiming at its overthrow-a
rebellion which has to-day two hundred and
fifty thousand men in arms against us of the
loyal States All our available resources and
full harmony among our people are called for
to put down this gigantic rebellion Thoy who
are not with us are against u.s. for there can be
''ne halfway house of diplomatic rest" pending
this terrible struggle The whole country ia
more or less reduced to the necessities of the
laws of war; and if the government, under such
circumstances positively refuses to assist in The
circulation Of newspapers. which are giving