Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1861-09-05
Liberty Of Speech,

United States Circuit Court of certain New
York journals as aiders and abetters of treason,
the suppression Of treasonab BILE papers is Mis- |
souri,. and the torcibIe demolition of the Offices
OF similar sheets published in New England, |
naturally suggest discussion on the subject OF
liberty OF speech. The journals assailed or
suppressed claim that to interfere with them is
to violate liberty of speech-a privilege EN-.
phatically secured to the American people by |
The Constitution. II is well worth while to
test this claim.
Liberty of speech, like every other kind of
liberty, is not absolute. but conditional. 1t is
subject to the condition that individuals shall
not be lbeled, and that the public morals or
welfare shall not be directly and 1agrantly as
sailed. The assault must be clear, and the in
jury obvious and gross. A journal may censure
the policy of the Government with almost any
severity Of language, or assail the opinions of
majority of the people with any degree of vio
ience, and yet be entitled to protection against
| assault. But it cannot pretend that liberty of
the press justi6es the publication of statements
or opiaions which are directly and obviously
destructive OF the morals, the welfare, or the
safety of the people. For the liberty of the
press, like all other kinds of liberty, is limited
by the essential restriction that its exercise
shall not be injurious to Others
The question, therefore, involved in the case
OF the journals TO which we have alluded is
slmp y-dId they cOnhne themselves within the
! limits OF fair opposition 30 the measures of
Government and TO the opinions of the major
| lty of the people, or was their course directly
and obviously destructive of the welfare or
safety of the nation =! If the latter alternative
be true, then it would clearly seem that they
were nuisances which not only required abate-
ment at the hands Of the officers OF the law, but
/ l., -:
/ of citizens without legal fOrmality of any kind.
| We presume that it will not he denied that
those journals were hostile to the Government,
and friendly to the rebels who are in arms en-
deaVorlng to destroy it; that they advocated
| measures which would paralyze our armies
| that they did their best to damp the military
| spirit of the people and 10 inure the credit of
the Government; that they excused the treason
of the traitors, aud blamed each successive step
taken by loyal people; that the general tenden-
by OF their articles upon the minds Of persons
not otherwise informed must have been to create
feeling of disloyalty and opposition TO the ma
tional policy at The present crisis. That some
of the editors were sincere in the expression Of
these views is very possible. Bot that the views
themselves were peniclOus, mschieVous, and
calculated to do great public injury at time
ofextreme peril, there can be no doubt.
This, however, is not the worst. The chiet
harm which these journals have done has been
in decelVlng the South with regard TO Northern
sentiment. FO rebellion would never have taken
place had not Northern journals deluded the
South into the belefthat, in the hour Of batlle.
q large party at the North would stand by them.
Even now the South is encouraged to persevere
} IN the war by the delusive notion that few
more weeks fighting will compel the North to
yield. This notion rests entirely upon false
l-e.s -
I nails. The New Orleans, Richmond and Mem-
d phs papers TEEN with articles from these sheets
WHICH are calculated TO induce ignorant readers
TO believe that peace party is about to spring
up at the North, that the Government and the
people are tired of the war, that Dir. Lincoln
has neither men nor money, and that in a few
: weeks the independence of the Southern Con.
y federacy will be acknowledged at Washington
e or course the rebel leaders know better than
u this. but their followers do not, and hence they
i perseyere in their rebellion. 1t is impossible
i to exaggerate the mischief thus done. Unior
e men in Kentucky declare that two OF these
70 journals, both published IN New York, gavC
l. them more trouble than Magoffin, Breckenridge
J aud all the other native traitors. And this can
= easily be understood. Wnen q wavering South
d erner reads in a New York paper-the onlI
y one he sees--that Mr.. Lincoln is about TO Civ
: way, and the North to surrender, the tempta
!. ton TO join what seems to be the winning sid
IS must be almost irresistible.
y fla newspaper can ndict upon the publ
'e aud the Union greater injury than this, II ca
: not readily be conceived. Inhdel or immora
'e or indecent publications are far less mischiev
oi Gus. The deserler who conveys information
e. to the enemy, and is hung or shot withou
10 scrupe if he is caught, does far less harm tha
" the publisher Of paper which, by false state
u ments deludes whole people into perseVerln
Al IN fatal war.
ne Whether il can be said that such paper
so obviously and directly destructive of the puI
~ lie welfare or safety as 10 be q common nu
IT. sance requiring abatement, the public and tn
Oh Courts of Justice must decide.-HGrper'
u Weekly.