Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-10-02

restraints on the liberty of the press; or,
as the Pennsylvania Constitution express I.
es 1t. That every citizen may freely
speak. write or print on any subject being
responsible for the abuse Of that liberty The
IS me principle was afterwards adopt
ed in the Fedeval Constitution, and the
section estat lishing it there is to be con-
Istrued in the same manner So that the
liberty of'the press is precisely as stated
10y Justice Blackstone, IL being free from
all previous restraint, as all other rights
or liberties are, subject TO correction for
its abuse"
On this subject shall refer to but one
mere authority which may serve TO mark
out the distinction between those pubfca
tions respecting the government, which
are authorized by law and such as are un"
authorized and unlrwful. The case OF the
! Commonwealth Us. Denhe, reported in
4th Yeates, 267, was an indictment for Ii
bel tried in the Supreme Court Of Penn
sylvana in 1905 quote here so much
of the opinion Of the Court in that case as
is applicable;
"The legislative acts, or the acts of any
branch Of the government, are open to the
public discussion, and every citizen may
freely speak, write or print on any subject,
but is amenab.e for the abuse of that priv
ilege. No alteration is made in the law
as to private men affected 10y injurious pub
lications, unless the discussion he proper
for puJic information. 1t is no infraction Of
law topublish temperate inve estigations OF
the nature and forms of government. The
enlightened advocates OF representative re
publican governments pride themselves in
the reflection, that the more deeply their
system is examined, the more fully will
the judgment of honest men be satisfied
that it is the most conducive to the safety
and happiness of free people But there
is marked and evident distinction between
such publications and those which are
plainly accompanied with criminal iatel,L
deliberately designed to loosen the social
bonds of uuion, totally to unhinge tue
minds of the citizens, and to produce pop
ular discomfort with the exercise of power
by the constituted authorities. Such wri-
tines are subversive Of all order and gov
eminent. The liberty of the press consists
in publishing the truth from good motives
and JUST table ends, though it reflects on
governments and magistrates. Cr0ssoeWS
Trial. pp. Go, g. Such publications add
4 to the common stock of freedom, while
the later ihsitliously infects the public
mind with subtle noison, and produce
the most mschievous and alarming con-
sequences, by their tendency to anarchy,
sedition and civil war. Such conduct is
punishable by the Constitution. 1t may
be difficult to draw the line of demarka-
ton in every Instance, but the jury are to
Iiudge for themselves on the plain import
of every word without any torceo or strain
ed construction of the meaning Of the au'
thor or editor, and determine on the cor
reGtness of the inuendoes. To every word
they will assign its sense and collect the
true intention from the context" ...
1t is evident from these quotations,
which are from highly resptc able author
ity, and should be accepted as a sound IN
terpretaton of the law, that the govern
ment, by holding its citizens crminally
responsible for every wilful design to in
terfere with its authority or its plans, in
no respect inirnges dpon any personal
fright. Much excitement prevails in many
pirts of the country because of the appa-
rent sympathy manifested by certain
newspapers and public journals with the
rebels, and in some places printing presses
and the contents of printing offices have
been destroyed by resort to violence and
mob rule. This is much to be deplore1
on account OF the announcement 1t affords
to that spirit of riot and insubord nation
which is exceedingly dangerous in its ten
denotes and rever can be justified 10y any
pretcnce whatever. Such proceedings de-
serve the condemnation of all good ci,l-
4 ~ M
titon of them in future. 1t is sincerely
TO be hoped that those who have control
of the public press will conduct II so pru-
denty as not to excite angry feelings at a
time when the public mind is extremely
sensitive to every apparent expression ot
disloyalty or indignity to the government
and moreover, that if there should teaiy
abuse of the liberty of the press, resort
win be had to legal authority, and not to
the mower of an excited mob. There IS
no necessitv for resort to violence; the
goycrnment has ample power to correct
such evils, and in such times as these has
never scrubbed to exert it when occasion
required The right of self preservation
by ali the means within reach IN times OF
imminent peril, belongs to the government
ns fully as to an individual and ltisa great
mistake TO suppose that in time OF war a
government may not remove every oosta-
clewbich tends to embarrass or hinder the
success of its military deiences, or to weak
on its power, moral or physical Neglect
or hesitation on the part of those who adj
minister the government-to resort to such
measures whenever exigencies arise that
in their opinion require it, would expose
them to the Just Indignation OF their con-
stituents, and would prove them to be un-
worthy Of their high trust; During the
!, revolution, an act was passed in this State,
on the llth February, l779, the 4th section
whereof is in these words .......
! "lf any person or persons within this
State shall attempt to convey intelligence
TO the on. mics of this State or the United
States of America, or by publicly or deliberate
~ speaking or 0riting against our public dGepee,
4 or shall malicously and advisedly endeay~
or TO excite the people TO resist the goV-
ernment Of this Commonwealth, or per-
suade them 10 return to dependence upon