Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-11-09
Freedom of the Press.

Charge to the Grand Jury OF the LIST
Judicial District, which the Portland
Adrertiser attempts to pervert ~ de-
Tense Of its reasonable course. That
the Judge intended to license the press
Ito stir mp se,lition, rebellion, and trea-
son." sis a supposition too wild to be
indulged for moment.
with this brief statement of what
this cour. considers facts, may observe
to you that the Constitution declares
treason against the United States shall
consist only in levying war against them,
O. ~ alhering tn their enemies, giving
them aid and comfort You will OBJ
serve gentlemen, the Constitution has
restricted treason within narrow limits,
ard il was not intended. need hardly
add. that free expression Of opinion.
whether in speech or through the press,
however critical upon the policy and
measures of the Government, should
constitute treason. While law extends
TO protection to RIGHTEOUSNESS in speech
or in the press, it will shield the freedom
ofbotl. Indeed, free speech and free
press are the very foundations Of our
Government, and their destruction
would be calamity hardly inferior to
that of the Government itself. In this
connection will direct your attention to
all act passed ut the recent session of
Congress to punish conspiracy 1t de-
fines crimes inferior to treason, and pro-
vidcsfor their punishment, which, how
ever, l shall not read to you, but will
direct that copy ofthc act be delivered
to you.
l nave not gentlemen, called your at
tention to these topics because of any
infidclity on the part of the people of
this Territory. Noportion ofour coun-
try is believed to be more loyal than the
Pacific coast, and no where are the blcs-
sings of the government more sensibly
felt, or more gratefully acknowledged !;
but, as it may be possible some ofus
may be forgctful of the allegiance due
the government, l have thought proper
to submit these observations.
congress shaN make no luw aJraiging
the freedom az speech or Of the press. T.
Amendments to Constitution.
Judge Story says:
"That this amendment was intended
to secure to every citizen an absolute
right to speak or write or print whatev-
or he might please. without any res
possibility, public or private, therefor,
is a sUppOSit0n too rtM to be indulged IN
By any rational man. This would be to
allow to every citizen right to destroy,
at his own pleasure, the reputation, tho
property, and even the personal safety
of every other citizen. "A man might,
ont of mere malice or revenge, accuse
anoth or of the most Infamous crimes !;
might excite against him tho indigna-
ton of all his fellow citizens by the
most atrocious calumnics mi ght dis
turb, nav, overturn all his domestic
peace, and cmbittcr his parental affec-
tons; light infict the most distress
ing punishments upon the weak, the
timid and tie innocent; might preiu-
dice all mans civil and political and
private rights; andmigM stir up sedition,
rebellion, and treason, eren against the
government Itself, IN the wantonness Of his
passions or the corruption Of his heart.
Civil society could not go on under
such circumstances. Men would then
be obliged to resort to private vengeance,
to make up for the deficiencies of the
law; and assasinations and savage cru.
elites would be perpetrated with all the
frequency belonging to barbarOus and
brutal communities. 1t is plain, then,
that Melang'.oge ofthat omendmcntimports
no more than that every man has q
right to speak, write or print his opin-
ions upon any subjec whatever, with
GU: any prior restraint, so, al'cays, that
he does not inj,re any other person IN his
rights, person, property orreputation, and
so ARRAYS that he does not thereby disturb
the public peace or attempt to sudrert the
government.
"There is good deal of loose rca-
soning on the subject of tho liberty Of
the press, as ifi in reality were consti-
tutiOnally such that like the King Of
England, it could do no wrong, and
was free from every inquiry aud afford
ed perfect sanctuary for every abuse,
that in short it implied dsspotic SOW.
creignty to do everything without the
slightest accountability to private or
public justice. Such notion is too ex.
travagant to be held by any sound con-
s;itutional lawyer with regard to the
rights anil duties belonging to govern
men,s generally or to the State govern.
ments in particular. Ii it were admit.
ted TO be correct it might be Justly af