New-York daily tribune., 1861-08-25
EDWARD EVERETT ON SECESSION NEWS
PAPERS IN THE NORTH.
From M Ne.e- Yorlt Ledaer.


II is an old proverb that the laws are silent amid
arms. The laws are, for the most part, made for
state of peace excepting those which expressly refer
TO war and the manner of conducting 1t. When
state of war arises the community necessarily under
goes great and sometimes rapid change; the que,
pursuits Of society are some sxent checked and 10
the immediate vicinity Of the seat Of war; suspended
and with them the laws which regulate those pur.
suits for the time give way to the stern necess
ties of the new state of things 1t should, however,
be- and 1t is, the great effort OF enlightened Gov.
ernment In civilized countries 10 keep this disturbance
Of the peaceful order of things within the psrowes
limits and allow the supremacy Of the law 10 be inter.
fered with BY military authority Httle possible.
IL is in particular cardinal maxim Of fIee Govern
ments that the military commander should be subordf-
nate 10 the civil mseistrate.
There are undoubtedly cases, when war exists 10
which the public safety absolutely requires that the
operation Of the laws and the authority Of the civil
magistrate should yield 10 the paramount eonsidea'
tions which require summary measures The patriotic
magistrate of whatever rank, must in such cases exed
that moral coursge-Quite equal ~ the courage re-
quired for the risks of the eldwhich ia needul for
the discharge Of the unpopular duty Of suspendng The
laws. He must not shrink before the reproacnes
which his conduct is to bring upon him from the
tmid the perverse and the disaiieeted coakng tneir
disloyalty under assumed zeal for CONSTITUTIONS
principles. He take the risk even Of Subsequent
after the danger Bot he will confne his Interference
with the regular march Of law TO the narrowest limits
and fewest occasions, ana be the first 10 welcome tns
restoration of its authority.
These the general maxims which apply to the
conflict Of civil and military authority, aud the prso
tical difficulty will naturally be, not in their general
soundness but In their application particular cases
This difficulty will OF course be much greater in the
commencement of q state Of than after Il has
lasted time, and the community has been obliged
to conform itself 10 the exigences Of the contest At
the present time, those citizens in Of the Border
States who sympathze with the Confederates think il
hard that they cannot be al peace and az war, In the
Union and ont of it, at the same time. They claim hs
protection Of the Constitution in time OF profound
peace and universal obedience to the laws, while they
render secret and when circumstances admit, open aid
to those arrayed in against them. They assault
The force moving TO the deiense Of the Capitals they
convey supplies aud arms TO the enemy; they recruit
his ranks openly aud by STEALTH and 10 effect these
ects they sometimes avail themselves Of Official posi
ton and authority derived from the Government
which they assai and when that Governmen. IA self.
defense nterieres 10 arrest these treasoDabe move
mens and machinaions they clanor that the liberties
Of the citizen are invaded.
There are presses for the most part in the border
statos though some of them found in citice more
remote from the scene Of action, which are daily
pleading the Of the enemy incorporating and
yilliying the Government OF the United States exag.
gerang every article Of unfayorable intelligence, and
exerting themselves to the utmost to dishearen the
friends and defenders Of the Constitution and the
Union. But such is the all but supeutitious deyo-
ton of the people to the liberty of the Press that
these pernicious Journals have with the exception Of
single instance in St. Louis, never been aterfered
with. II seems TO haze been thought better by those
in authority TO tolerate the mischief Of these unpS
riotic presses than to elevate them TO greater I'M.
portance by prosecution TO encroach In the sgnef
degree upon that freedom of public discussion when
in ordinary times Is Justly regarded as enc VI tns
greatest safeguards Of liberty. But IS PrP9s.'y..s .s
| to sd-ri6cc tae end 10 Me means we snouo IN ~"
respect learn wisdom fom the enemies OF the oben'
While we regard unbeconing our Christian oir'
iization that resor 10 lynch law, by when evey
preston of opinion adverse 10 the popular
is Suppressed ia the Seeding States we ought 70 70
member that in toleratng tfa'oious pres ans -,
Ourselves we practice hberality which swsksns ps Nv
gratitude ut houe, and is never recprocated py n
opposing party. II Is In fact an absirdisy ~
under the venerable name OF the liberty OF tnS pSS
10 permit the systematic and lcentous apnse ~ ~.
ernmeut which Is taxed to the utmost IN ds.en,S d, So ~
country nom general dsincgration ana Pouo
Tie Governor of Malta was cen.ured IA E ;onr.
Tor scns alleged seyerity toward the editor OF oo
nal in that island ana the liberty Oh tns pvis
| declared 10 be in danger The Duke OF Weinhs,oss ~
said he was as friendly es anybody TO tne n,e -
the press IL Lonaon bus free press Id the ,hs
| Malta was as much out Of place as IL wouu w o
| ouarter-deck OF man-ofwar. we suppose se .anLi
enthusiasts champion of the liberty OF the press M
hardly tbuk It right to publish jonrrsi WILLIE ,Sst
walls of Fort McHenry, IN when tne omsss . =, nan
garrison shoud be daily advised 10 dsser, anu '1
lie constantly exhorted TO muiiny, ana whose coian
.hopA be 6Ied with persistent abuse OF sne oo'oss,
=, NJ and ali engaged in its defense. Why s'oaia
journals of chat Descriptions be aqWSd 70 oupfs 'S'N