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

g forbid this is to destroy the freedom of
" the press; but if he publish what is lin
proper, miscEievous or illegal, he must
take the consequences of his own timer
lty. 10 subject the press to the re-,
9 strlctlve 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
einfallible judge of all controverted points
= IN learning, religion and government.
"But to punish any dangerous or offen-
e sive writings, which when, published,
shall, on fair and impartial trial be
adiudged of a peFnicious tendency, is
e necessary for the preservation of peace
" and good order, Of government and re-
q lgion, the only, solid foundations of
civil liberty. Thus the will of individ
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
g still left; the disseminating or making
s.public of bad sentiments destructive to
. the ends of society, is the crime which
q society corrects. A man may be allowed
'tto keep poisous in his closet, but not
publicly to vend them as cordials, and
g the only plausible argument heretofore
FUSED for restraining the just freedom of
:" the press, thdt it toaS necessary to pre-
q rent the dailq abuse of at, will entirely
q loose its force, W hen it is shown (by
seasonable execution of the awS) that
'the press cannot be abused to any bad
purpose, without ncurring suitable
g punishment; whereas it never can be
FUSED to any good one, when under the
g control Of an inspector. So true will it
& be found that to censure the licentious,
q is to MAINTAIN the liberty of the press.D
Judge ADDISON, in charge delivered to
the grand juries Of the 5th judicial District
of Pennsylvania, 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
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
gio1s restraints on the press or, as the
Pennsylvania Constitution expresses it, that
every citizen may freely speak. write and
print on any subject 6eing 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 byJustice BLACKSTONE, it being
free from all previous restraint, but, as all
other rights or liberties aie, subject to correc-
ton for its abuse"
Ga this subject | shall refer to but one
more au hority, VIII ch may serve to mark
out the distinction between 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 indictmea ut for libel
tried in the Supreme Court of Pennsylvania
in 1905 quote here so much of the opin-
ion Of the Court in that case as is applica-
be
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 printon any subject. butts amend
able for the abase Of that privilege. No al
teration is made in the law as to p3.5au.e
men affected by injurious publications, I'M
less the discussion be proper for p,t6lic m
J formation. 1t is DO infraction OF law 10
publish temperate investigations Of the ma
ture and forms of government. The en-
lightened advocates of represeatiCe republl-
can governments pride themselves in the
reflection, that the more deeply their system
is examined. the more fally will the Judge
nents of honest men be satisfied that it is
the most conducive to the safety and happi-
ness of a free people. But there is a mark
ed and evident distinction between such
publications and those which are plainly
accompanied with criminal puteast, deliber..
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 order.and government. TheAib-
erty Of the press consists in publishing the
truth from good motives and for juSfifa5le
ends, though it reflects on governments and
magitrates, CroosrelPs Trial, PIP. rs. 64
Such publications add to the common stock
Of freedom. while the latter insidsously in
feet the public mind with subtle poison,
and produce the most mischieveus and
alarming consequences, by their tendency to
anarchy. sedition 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 it's sense and collect the true inten-
ton from the context.n
1t is evident from these quotations, which
are from highly respectable authority and
should be accepted as sound Interpretation
of the law, thatthe government by holding
its citizens crimlnally responsible for every
wilful design TO interfere with its authority
or its plans, in no respect infringes upon
any personal right. Much excitement pre-
walls in many parts Of the country because
oi 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 insubordinaton which
is exceedingly dangerous in its tendencies
and never can be justified on any pretext
whatever. Such proceedings deserve the
condemnat ton of all good citizens, and we
trust there may be no repetition Of them in
future tis sincerely to be hoped that