Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1861-10-02

''There has been, 1 fear, an erroneous impres-
'slon on this subject among portion OF our
"people. If 1t has been thought safe to coun-
''sel and lnstigate others to acts of forcible
"oppurgation to the provisions Of statute
ssto infiame the minds of the ignorant by ap-
sspeals to passion and denunciations of the
CLAW as oppressive, unjust, revolving to the
conscience and not ing on the actions OF
Smen-to represent the constitution OF the
'sland as compact of iniquity, which it were
'smeritorious to violate or subvert, the lis
stake has been grevious one and they wno
shave fallen into it may rejoice if peradven-
ssture their appeals and their counsels have
"been hitherto without effect. He whose con-
ssscenee, or whose theories of political or
"individual right forbid him to support and
ssmantain it in it's fullest integrity may relieve
EshimSelf from the duties of citizenship by
sdivesting himself of its rights; but while he
ssremains within our borders, he is to remem-
'sber that successfully to instigate treason is
ssto commit it."
The views that we have just expressed, do
not, in our opinion, conflict in the least, with
the freedom of speech or of the press BY
the constitution of the United States, Con-
gresS is forbidden to make any law abridging
the freedom of speech of the press and the
constitution of this state provides that the
printing presses shall be free to every person
who undertakes to examine the proceedings
ernment; and no law shall ever be made to
restrain the right thereof The free commu-
nication of thought and opinions is one of
the Invaluable rights of man; and every citi-
zen may fully speak, write and print any
subject being responsible for the abuse of that
liberty. What are we to understand from the
words sfreedom Of speech or of the press'' as
used in the Constitution The trainers of that
instrument evidently recognized it a we'll de-
fined, pre-eXistng right, for they declare that
it shall not be abridged. Certainly men of
learning and experience, would not in so i'm
portant paper, forbid the abrigdement of a
right which was without any certain measure
or extent for it would involve of the
most cherished rights of the citizen in maze
of confusion and obscuritv. AT the time of
the adoption of the constitution, 1887, when
the freedom of the press was spoken of, the
people understood exactly what it meant-its
boundaries were we'll marked, and have con-
tinued so to this day. Justice Blackstone in
his commentaries, vol. 4 p. 156, says, "W here
s'blasphemous, immoral, reasonable, ,schismati-
sscal, seditious or scandalous libels are punish
fsed, the liberty Of the press,s properly under
.'stoOd, is by no means infringed or violated.
'sThe liberty of the press is indeed essential
ssto free State; but this consists in, laying no
'spreriOus restraints upon publications, and not
sin freedom from censure for criminal matter
sswhen published. Every freeman has an un-
s'pleases before the public; to forbid this is
s'to destroy the freedom of the press; but if
s'he publish what is improper, mischieyous or
'Siilegal, he must tahe the consequences of
sshis own timerity. To subject the press to
ssthe restrictive power of license, as was
''formerly done, is to subject all freedom of
E'Sentment to the prejudices of one man, and
s'make him the arbitrary and infallible judge
's of all eontroverted points in learning religion
ssand government. But to punish any dam
''gerous or offensive writings, which, when
published, shall, on fair and impartial tri-
sal be adludged of a pernicious tendency, is
9 Unnecessary for the preservation of peace and
''good order, of government and religion, the
'sony solid foundations of civil liberty. Thus
ssthe will of individuals is still left free the
E'abuse only of that free will is the object of
'slegal punishm ent. Neither is any restraint
''hereby laid upon freedom of thought or in
''quiry liberty of private resentment is still
:sleft the disseminating making public of
'sbad sentiments, destructive to the ends of
'ssociety, is the crime which society corrects.
'sA man may be allowed to keep poisons in
'shis closet, but not publicly to vend them as
'scordials, and the only plausible argument
sheretofore used for the restraining the just
'freedom of the press, that ii loas necessar6 to
'spreUent the daily abuse of 1t will entirely
sloose its force, when it is shywn (by seas
sonable execution of the laws) that the press
scannot be abused to any bad purpose, with
sout incurring suitable punishment; where
sas it never can be used 10 any good one,
swhen under the control of an Inspector. SO
strue will it be found that to censure the Ii |
scentious, is to maintain the liberty of the
press"
Judge Addison in charge delivered to the |
grand juries of the 5th judicial District of
Pennsylvania, in 1898, makes use of the fol- |
owing language: "Freedom of the press
consists in this, that any man may, without |
he consent of any other, print any book or |
writing whatever, being in this, as in all other |
,reedom of action, liable to punishment, if |
lie injure an individual or the public. Such |
s the liberty of the press which the people of |
he United States of America, for its greater |
have made part of their fundamental
aw. In their State constitutions, they pro-
'ide that their legislatures should not make
my law restraining the liberty of the press,
hat is, should lay no prerious restraints on
he press or as the Pennsylvania Constitution
Expresses it, that severy citizen may freely
peak, write and print on any subject being re-
ponsible for the abuse Of that liberty The
anne principle was afterwards adopted into
he federal Constitution, and the section e.
it there is TO be construed in the
anne manner. So that the liberty of the press
s precisely as stated by Justice Blackstone,
t being free from all previous restraint, but,
IS all other rights or liberties are subject to
for its abuse"
On this subject shall refer to but one
more authority, which may serve to mark out
he distinction between those publications re-
pecting the government, which are author
zed by law and such as are unauthorized and
Unlawful. The case of the Commonwealth Us
)ennie, reported in 4th Yeates 267, was an
Indictment for libel tried in the Supreme
,ourt Of Pennsylvania in 1905. l quote here
o much of the opinion of the Court in that
ase as is applicable
ssThe legislative acts, or of any branch of
he government, are open to the public discus