The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-22

We alluded yesterday, in the course of our re-
marks upon the freedom of the prsss, 10 the cele-
brated trial of THOMAS HARDY, for high treason.
The case is, however, entitled to something more
than passing comment, for the questions then at
issue involved those fundamental principles of con-
stitutional liberty which we are at this very mo-
ment struggling to maintain against the encroach-
ments of arbitrary power. 1t is well, therefore,
to recur to the instances in which men have had
to fight, in times gone by similar battle to that
in which we are now unfortunately engaged |
we cannot learn from the story a lesson
that will profit us, we can at least strive to
emulate the constancy and courage of those
who contributed to win for US the priceless heri-
tage, which it is our privilege to defend When
the English Government had HARDY indicted, its
situation was one of peculiar peril The French
Revolution had assumed proportions which the
most visionary of its original promoters never
dreamed of. Not only was all France at the feet
of the revolutionary chiefs, but their influence for
good or evil extended throughout Europe Rulers
regarded them with not less dismay than amaze
ment, and the excited people of every ma
ton watched the great movement with
mingled feeling of anxiety and admiration -
Mems theories, and opinions, and customs, every
where underwent a change in the fiery ordeal to
which they were exposed, and no one could tell
what institutions or rights the new propagandiss
of Fraternity and Equality would suffer to sur
- D-~,--- -~s .l.e.V ner tIne-nonored laws
and usages would be compelled to succumb to as
saults which threatened them from within and
without the realm; for large portion Of her peo-
pie were discontented, and she was contending
against the then victorious armies of France It
was just at this moment that HARDY, who had
been an earnest advocate for reform or change
in the English Constitution, put forth all his
energies to effect his objects He thought he
saw amid the excuses of the French Revolution,
much that was deserving of imitation; and he
disapprovcd wholly Of the course which his own
Government was pursuing towards the new Re-
public. lie, therefore, continued to assail the
conduct of the British Ministry, and he did so,
not only boldly, but vindictiveIy aud recklessly.
The Government sought to check the attacks Of
the party with which he was acting, and, there
FORE caused him to be indicted. He was charged,
it is true, with certain overt acts, but his real
offence, as was known at the time, was the free
dom with which he criticised and denounced,
through the press, the conduct of Parliament and
the Kings advisers. Mr. ERsKINE was HARDY's
counsel, and he fearlessly assumed the RESPONSE
bility of defending the position which his client
had taken. he would hear Of no suppression OF
the liberty of the press. 1t is not necessary to re-
capitulate the arguments which be addressed to
the jury that heard the cause but the following
extracts will convey au accurate idea of the
br,rI Of Int
LINCOLN and his supporters would do we'll to con-
slider the views and sentiments which were so
bravely uttered in England sixty-seven years ago.
Mr.. ERsKINE alluded to the anarchy which had
spread confusion over all France and referred to
the suggestion that the English Government was
endeavoring to prevent England from being pre-
cipitated into the same vortex, and in this con-
necon lie said:
"f the prosecution be indeed intended to avert from
this country the horrors of that anarchy under which
continuance of those blessings which enjoys under its
admirable Constitution, let the prisoner suffer from
the execution of barbarous laws babarousy enforced or
from the wellmeaning enthusiasm of those who sin
cerey attached to the Constitution DESTROYS to
its preservation at any price,
He then proceeded to show how futile, in free
and enlightened country, would be resort to ar
bitrary measures for the purpose of upholdng the
laws and Constitution; and towards the conclu-
sion of his speech he suggested The line of conduct
which the Government should pursue in such an
emergency. He said:
I'm times when the subordnation to authority is said
to be everywhere but too little felt it would be found to
be the wisest policy Britain to ipstil into the
governed an almost supersttious for the strict
security OF the laws, which, from their equal admipstra
on can seldom work injustice and which, from the rev.
erehce growing out of their mlness and antiuuy ar
qure STABILITY in the habits and affections of men far
beyond the force of civil obligation whereas severe pen-
atles and arbitrary construction of laws intended for
ease and protection, lay the foundations Of alienation
from government, which at all times is dangerous but
at this time is certain and sudden ruin Cultivate the
old maxim in the Church, corda look to the
hearts of all subjects and do not stupid
an Imagination that, in days like these country can
be preserved by corruptng half of the people
fame, bully, and prosecute the other"
The jury to whom these words were ad-
dressed, were men of the old Anglo-Saxon
race. They refused, under any circumstances
whatever, 10 relinquish the privilege which every
Englishman claimed as his birthright, and they
declared THOMAS HARDY 'tNoT GU1TYn Thus
was the right of free speech vindicated under an
English King. Shall American freemen be less
firm in defence of their liberties under the sway of
Republican President?