Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-09-16
The Gazette on TreasoBable Speech aud
Publications.

The Gazette on TreasoDable Speech and
Publications.
In the PRESS of yesterday we took the
liberty to review portion Of an essay,
which appeared in the Gazette of the 10th
inst, entitled 1.-THE Belligerent Rights Of the
People," wherein it was contended that
there is no such thing asliberty of
speech or Of the press to oppose-that is to
say, to express opinions against--the acts or
policy of the Government in time of war. /
In the absence of topics Of more pressing |
importance, we propose to say some thing !
further upon the same subject.
There has probably been no Government
engaged in war-at least none of modern
times-which has not had, among its SUBJ
jects, party either in favor of peace, or op-
posed to the end sought by the Government
in the war, or to the means employed to Sc
cure it.
When Government relies upon party for
its support and defense, and enters into an
alliance with that party for mutual benefit
and assistance, it has generally been deemed
wholesome for the country that there should
be another party, not in alliance, to over
look its proceedings, and expose its devia-
tions from justice, economy and the princi-
pies of the Constitution. The existence Of a
party upon one side supposes and necessi-
tates that of party upon the other; and it
is not easy to see how the state of things is
so changed by the accident of war as TO
render the existence of an opposition party,
with all the privileges which are in general
conceded to such parties, wrong or even in
advisable.
1t will hardly be contended that Govern
ments in war can do no wrong; and few will
be willing to commit themselves to the propo-
sition that, doing wrong, they ought not to
be exposed and set right, even at the expense
of being holden up to public censure and re-
proqch. 1t would be well, doubtless, if op-
position parties would always confne them
selves strictly to the truth would never
make appeals to popular prejudice, indulge
in harshness Of expression, or any species of
exaggeration but so long as Administration
parties are guilty of the same vice, and in
an equal degree, this is q thing rather to be
wished than expected. At the most, it is no
worse upon one side than it is upon the
other; and it would be hard if, while the
Government was indulging itself and its owr
partizans to the full in liberty and ever
license of speech, it should set itself up as {
censor and critic of those who, with equa
claims to sincerity, dissent from its views o.
disbelieve in its policy.
The notions of the Gazette are founded
upon that very common, but at the samt
time, very erroneous idea, that the Govern
ment is thing which has powers Of itself
and is invested with rights and interest
different and separate from those of tn
people. 1t is not necessary to combat this a
an error, for the Gazette will not, in terms
insist upon it, while it celebrates an argu
ment which is CONSTANT with no other viev
of the case. II, as we constantly claim, ou
Government is but reflection of the will q
the people; and that in its doings, that will
is always legitimately persistent; it seems tc
follow that the will ofevery individual com.
posing that people is under all circum.
stances entitled to its weight by every
usual form of expression, whether di-
rected Immediately upon the Government, OF
by such other means as men employ for the
concentration of popular opinion.
"The Government" says the Gazette, 'has
the right to suppress, by military authority,
every journal whose motive is clearly treas
enable" Here is another very precise state
ment of q very loose proposition-so loose as
to leave the meaning of the writer open to a
great variety of conjectures-so loose as to
give ground for the suspicion that it was
intended as puzzle, or to misead the reader
into the impression that something was said
when nothing was intended. If the writer
meant that the Governments has the right to
Eeze every copy of newspaper which con-
tains matter calculated to aid the operations of
the public enemy, he is correct; and under this
rule, it is probable that if justice had been
done, every copy of the Cincinnati Gazette,
during three or four months not long past,
ought to have been seized and confscated
But our cotemporary is not one to lay down
rules to operate against himself; and we are
driven to suppose that something more OF
less than this is intended. There seems Il
be a consideration of reasonable motives
as if there were other means to Judge of mo
tives than those furnished by acts; there i
something that looks like designed am
biguity in speaking of the motives of
journal, as if they might be distinct frol
those of its conductors and finally there
q charming indefniteness in the word "sul
press" in the connection in which it is en-
ployed.
If the Gazette means that a military n
preventative of the Government may at vii
seize upon a newspaper establishment an
destroy, coniscate, or deprive the proprieto
of its use, because in his opinion its motive!
or the motives OF its conductors are treason
able, the Gazette is mistaken. There is n
such right, either in peace or in war, in il
vasion or in rebellion. Traitors may
punished, according to law, on prosecute
and conviction spies may be taken, trie
and, if convicted by courtmartial, sho
reasonable matter, or matter calculated
do service to the public enemy, may
seized and suppressed; but with anybody
printing press and types, or with anybody
motives, except as shown by their &C
writings and words, Government has nothil
to do.
In taking leave of this subject for t
nresent we feel impelled to say that in O