The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-09-07
THE FREEDOM OF THE PRESS.
A Scrap OF History Respecting the Freedom
Of the Press.

At the first session of the First Congress, the fol
lowing resolution was adopted:
1.-THE Conventions of a number of the States having
at the time of their adopting the Constitution, expressed
dssre, in order to prevent m5construcon or abuse of
its powers that further dcclaratory and restrictive
public confidence in the government will best the
benfcent ends of its institution
"ttcS0icsd By the Senate and House of Representa-
tves of the United States of America in Congress-
sembied two thirds of both Houses concuriag the
following articles be proposed to the Legislatures of the
several States amendments to the Constitution OF the
United States all any of which articles when ratified
BY hreeourths Of the said Legislatures to be valid to
all intents and purposes, as part OF the said Consu
Artice g. Congress shall make no law respecting an
establishment religion prohibiting free exercise
thereof abrdsng the freedom of speech of the
and petition the government for redress Of griev
sances y This amendment Was adoptcd-U s. Sigtess
at large, FOL l., p. 81.
On the 14th of July, 1898, Congress passed gin
Act, the second and third sections of which
follows:
Sec .. And be II further enacted That if any person
shall write print utter publish, shall or pro
ing ' ntf e rKaGP Rfnsd uttered or or she
malicious writing writings against the Government nf
the United States either House the CONGRESS- of
the United States the President of the United states
with intent to defame the said Government or either
House of the said Congress or the said PreSient n
bring them or either of them into contempt or dsrepute
or to excite against them either them the hatred If
the good people of the United States or to Stir M Io
within the nited States to excite any unlawful com
bnatOns therein for opposing or resisting anv law the
United States any of the President of the United
states done in pursuance of any such law the
in him vested by the Constitution the United States or
to resist oppose or defeat any such law or act or to aid
encourage or oe any hostile designs any foreign nation
against the United States, their people government
then such person, being thereof convicted before anv
Court of the United States having jurisdiction thereof
shall be punished by fine not exceeding two tbousand
dollars and by Imprisonment not exceeding two years
49, Sec. ). And be 1t further enacted and declared
That any shall be prosecuted under this ACT m
Info
lawful for the defendant, upon the trial of the cause IN
give in evidence in his Defence the truth of The matter
contained IN the publication charged a libel And the
jury who shaItry the cause shall have n rioht ~ do
termine the law and the fact under the direction of the
Court, in other eases u & STAT nj y1ras vi y
p. 500. ~ " -
In the month of October 1898, Matthew Lyon
at the Circuit Court, held at Rutland, in the State
OF Vermont, was indicted and found guilty of bay-
ing printed and published what was alleged to be
libel against Mr.. John Adams. the then President
of the United States. The alleged libel was in the
following words, viz:
CAS- to the Executive when shall see the effects of that
power bent on the promotion of the comfort the happ
ness and accommodation of the people, that Executive
shall have my Jealous and uniform support But when
ever shall the part Of Executive see every con-
sderation of public welfare swallowed up in continual
grasp for power in unbounded thirst for ridcuons
pomp foolish adulation and selfish avarice-when shall
behold men of real daily turned out OF Office far no
other cause than INDEPENDENCE of sentiment-ghen |
sna see men OF hrmness merit, years. abilities and
perience, discarded in their applications Office for fear
al m
preferred for the ease with which they take up and
advocate opinions the consequence of which thew know
out little o-when shall see the sacred religion
employed asa State engine to make mankind hate and
prosecute each other shall not be their humble advo
CATE ~
The second count in the indictment on which the
said Matthew Lyon was convicted charged him
with printing and publishing se0itious writing
or libel, entitled copy of letter from an Ameri
can diplomatic character in France, (Mr. Joel Bar
low to member of Congress in Philadelphia"
which was in the following words viz:
The misunderstanding between the two Governments
has become extremely alarming; confidence is completely
destroyed misrusts, jealouses, and disposition to
wrong attributi0n of motives are so apparent as IA r
quire the utmost caution in every word and action nat
are to come from your EXecutveI your object
with you before the recall Monroe before the coin
and second coming of Pinckpey; had it guided the
pens that wrote the bullying Speech of your President
and stupid answer of your Senate at the openin of
Congress in November last should probably have Rad
occasion to address you this letter. when we found
him borrowing the language of Edmund Burke and tell
the world that although he should succeed in treating
with the French there dependence to be placed 6
VI tre engaeements that their religion and
y MeIe az an end and they had turned pirates and
ounderers and that it would be necessary to be perne
NY arnisa against hem though you at peace-we
wondered th the course Of both Houses had not been
rider to send him to the mad-house Instead nf tb a.
senate have echoed the speech with more seryity ban
yer George the Third experienced from either House If
'arament.h ~ VI
Upon this indictment Lyon was convicted and
by the court to be imprisoned for fonr
months, TO pay fine of one thousand dollars AID
he costs OF the prosecution, taxed ut sixty dollars
M nlnety.six cents, and to stand committed until |
ne ine and costs were paid. They wele paid ac-
ordingly. p''O az
On the 10th of January 1882 Mr.. Daniel nra
ented a memorial to the House Of Repregentatirss
rom Crl'tenden Lyon and Matthew LYON surviv
ng sons o. the late Col. Matthew LYON. for and IN
eha Oh themselves and the other heirs of said CoI
yon, praying that the sum of one Thousand dol.
lrs, which the said Lyon was condemned to nav
5 hne under the act Of 1885, commonly called
ne Sedtion Act, may be refunded to the said heirs
With interest, costs and damages.
rms petition was referred to the Committee on
he Judiciary. "
un the l9th of January, 1882, the committea re-
orted bill for the relief of the nat;t;o1o
heir report they say: III
- The committee are of opinion that tba Ion, chou. |
Yea was unconstitutional, null and void passed under
staken exercise of undeIegated powar o., iiue,
staEe ought to be corrected by returning the fna 90 h
ned with interest thereon, to the legal repres.ntt;
Matthew Lyon.
Ihe committee do not think it necessary to dscuss NJ
myth the character that law assign all the
WeVer administrative that have induced the conviction
its unconstitutionality. |
mo question, connected with the liberty of the prazs
Ter excited universal and intense interest
eeiVed so acute, able, long continued and elaborate in
=stigatIon-was ever more generally understood or so
settled by the concurrng oninitns of ali
irtes, after the heated political contests of the % ad
issed away. All that remains to be done Nv the |
representatives. of people who condemned this act of
eir agents as unauthorized and transcending tbeir
ant OF power, to place beyond question doubt or
e mandate of the Constitution prohibiting CONGRESS
ON aordgng the liberty Of the press and to discharge
nd from the treasury the fine thus illegally and wrong
ny obtained from one OF their citizens, for which puT.
se the committee herewith report bill . r
n n the 4th July, 1910, Congress passed an aect
nder e. a fine imposed on the late Matthew LYON
law, to his legal heirs and