Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-11-24


a smoRF psHswaww or T-mE RHEE
BSRL 0B THE PEESB.
From the Atlantis Csniedsraeyl
Wkea Puritan John Adams ana his Fedora
Coagrsss, en- ths 9th day Of July, 173S, pasHst
sR sci, making it psasl, By fac and impTissn
ment "te WTits, print, utter, or publish any false
soandsleus, or malicious writiREs agaast the
j GfoysFznasnt or President The indignation s
the Ansriesn. people was bouHdlass the nOx
gsasral alestioR swept from PeWeT thoso WIS
/ bore part ia tie sbnaXious meaaIFs; Whe had
srrsgatad 10 themselves the b5sinuss Of kssplng
/ toe paklic eeEssisncs; Whs had sfdainad ihem
Eslvss e be beth tie Judge sad The sZoeBiieneI
Of the publiC will aud Whcsa BHcYeachHsRta
aBen ihs rights Of civil liberty mlghi o. I, if al
1 lswcd 30 pTosoad, Short only Of desPetiBm. Iba
/ dsam sf the Federal party was gssled Ds5Bito
ths gfsAsbllty el lie great leaders, Il shTiyslsd
IS wisp Of paper. Il disd sttsElyi Hot events
| gTaRdsI, aobleE, pursr pTsnciPl of Government
! being abs 70 rssouo it rem a violAtioR Of ihs
drs! principle Of gsod gevornmeRt, iho freedom
I Of the press. The laws against treason under
I TibsGiHs, against heroGy under the iRgsiEitisR,
| against iTfsVarsncs. under Catherine u, WeIo
/ aazsldorsd 70 have Seen not Eers sEsnsfFe 70
! frssdom Of tAeught and caascisnos thaR this At
ismpt 70 dam up the Nilo Of public sxprsEsiCH
wiih the bulrushSs Of Congressional restriction.
/ FfOH that day te the adysai Of Abraham Lin
cola The effort wa aeVsr revived; fer after the
! sason Of that hour, Whe sat an svoWsd tyrsni,
w0ule exhibit 80 much trnSRlsRt fear aa6 WilfHl
oTroT as 90 proclaim 10 the world, by an stlsRpt-
| ed essTcisn Of e newspaper that he feared the
| sevsr OF Its tsuthf Frem that dev So ihis, tne
/ sresE hss Bean recognized as the foundation Of
ali freedom. Il is the Inspiration e veil a. the
resource Of trus liberty u il lat snes The shield
( aad sunshiRe Of popular thoHghE hiHgiRg sE
tks poiioRsd arrows Of despotism, aud making
4 tres aud siasiio with gsHial warmth, the social
| an6 pollHsal currents Of ihs community Il ID
4 The Iouadaiioa stone a8d bsll.tsW8T-ths very
( batsrsS5 and flagstaff 81 3 frea fabro.
The ssurss ef The early aRd siHbbsTs Bias IN
{ lavsF Of q free press, which hss Earko5 the ca-
rssf Of lgssmsR TIE vide World over, arises iH
enc aaiyarsRl iHsiinct Of frse UttsTaHcs. OF
( tbis Tho press is the sole PsTmAneHt Eynbel,
I binding Bp SO shehvas Of wheat he pTsdBet cf
/ tha peoples brain ans heart. The fast friend Of
rss gsveraeui in free press; the fast foe q the
0ns-ssa powsr is q free press. i fiIst asserted
isall in tha 6eihs-lsRdsi bat 70 Eag.sud are
We most indebted for iis 6rm baGe in .aW aad
{ public sentiment Let as Rots its history.
T Lord Campbell, iB bis "Livos Of the Chief
/ Jasdeo7" attSshpts to defend The dsciEisHs Of
! Lord Mazsfsld il TIE esss Of Wosdfsl. But
/ lkroagboHt that m5E0rabls struggle in the Brit
/ isa Parliament, during the ssEEisn ST l77o, the
/ yrsatsst Einds Of ihs nation we're sgsiEss bin
| rhs representatives. Of Tie people, faithful 70
| thsir trust dos aRt Of The Ministry, patriotic,
hunans Rad enlightened took up tho STAFF in
/ thsir swn cause They bsldly questioned Lord
Manshsld, and dsnsuncsd hia railing EsPesisl-
/ " tss Earl Of ChathsR, ths 'gTsst camnoHeF, -
/ asvsr sh5Wu Eors lumlnouEly thE8 when be as
sailed lhs Clisf Jasses for his diTactisnB ts the
iuries by. Thsh the right 10 Try the crime Of IL
| Sci vas a. q iroH them. Mansfield made no
oihsy dsiaRso than leaving scopy Of The judg-
neat in he Cour Of Bisg's Bench, in ths case
af the FHblishsr Wsodisl, With the clerk Of ths
Hegse Of Lords Lord Camden deEled that the
decision WAS law. The latter, In gTos! distress
and esnluaion, declined to ''sasWeT intsrTaga-
seEias.7 This grsat violation of tho Constiiu-
lien vas net allowed 20 Bass without romon-
rtraHes from the Houss Of Commons, and Mr.
Burke shsWed, in q HasterlY speech, that if the
eTiainality Of q libel were properly oZelHded
/ from q isry, then Woala The malice in sass5 gf
murders and the iel0nis8s iRisnt iE lhe charges
ef siesling be equally removed Erom their ia
ris6ietiea, aad be soRhdsd 80 the jaage.
Bet wblls ths bsaeh Was susssrvisnt, the bar
found an sble defender OF tho pTiatsra in the
celebrated LeTd RIkskins UaEWsd by power,
il an elaborate dsfsass Of the rights OF iuIies,
~ lneAE AA pl4AA tAsfh AAA-4 -@sAA AA-a--lA-it p
insaReheHs, in the SAGE st ne Dean Of S..
ATaphs, ths dsiensaat had hsa in iset ne trial,
havlRg bssR loahd guilty wilhoHt any inVostiga-
SION OF his guilt, aud without any psHeT ioit IL
ths iury to take cogalBsRe0 Of his iHn0eonas.
In the .riAl Of sgookdsle, In 1888 i0T publish
ing 4 asfansa Of Warren HaErHgs, written by
| she Rev Mr. LsgAp, Nr ETskiEe made q Ike
defense, unsqaEiled ia eloquenes and HnsuT-
saEasd in lSgie, Hs sontsndsd that ths defend.
! ant Was rot 70 DO judged By Isolated passages,
selected and pat togstheF in ths iufOTmstisn,
{ hat By he eRtirs ssntsxt Of The publication.
/ Tbe vsrdies sf net gsilty Bas rskErnsd, lhus
establishing tho 4eslfiRs that fall and fair
| siscussien wss lswfal, shat a man was net to be
pRaishsd fsF q lew asguhTisd expressions, bat
was aatitlsd t. iaif construction 8l his general
/ puIpsas and intsat IL wiring Of which ihs jury
| wa TO decide.
| Here the Judges were fairly 3riTsn 'Fom the
/ greand assumed that ths sppsiEtsas ana defend
/ Sats Of oxsoRtivn PeWoT were slons 10 decide G
| question lxvoiviRg ska interests and safety Of
I sysry indivi3usl In the Commonwealth. In
sHuaiaing aB the results Of thif esnisst, We
| would POI hara Il understood that Wa eeHdenR
ihs lay sr is iaEhse. lt is only lie Interpreters
re oondamn. The law vas a. plsia them az
sew. and tke series Of dsGisisRs we're as plainly
vislatiars Of it as Of -ss semmeH sense aP6n
/ ybich tae law is fouads6. We had Jest as well
/ condemn stream, gushing frsm pare fountain
in the reek that it has beer stained and pslutsd
/ bv The chaaRsls ihISugh wAioh Il flowed Tbs
sss and ths stser only sssd 70 be stzaiRed
I lhToagh sources kindred to those from Whioh
thsy sprERe 70 bs as HRdsiled a. ever.
This victeEy Of The people, .hus finally and
so1swhat ungrscsfully PossniEsd By the judi
/ osry, only required lts 'dsn ai the legislative
branch ct shs Government to give il fullnssl
I and effsote and atrsnge 70 say upOa the opin.
ions Of the Judges being ssksd, apen Ar Fex'
''ibo bill" hey reiterated the dession, already
/ csndsmnsd, that the criminslisy s7 ihnecsaes o
letters or pspsTs pablsssG, Faa matters Of laH
aAd not Of lset.
In 1872 the libel bill 6sciarstosy Of the law
was passsi "to regulate tbs pEsstiee Of thi
eeurts in the trial Of libss and mske IL nore il
ssafOrmity with the CsRssilation," )" and thus "a
highest brAnsh 81 tbs English SsYerRmsng son
demnsd and resudistsd 4 Tule sy whieh tbe FREQ
don Of lhe press was msds SUSPECT, indirectly
to the censorship Of she executive brauoA Of th'
00VsFnment.
The press Wss net yet By any nnaans sDfran
shised, Bat tho prevalent spirit Of liberty hs,
speaed free discassieR to the public, snd th
consequence aAs an slsystoh II tss tsne Of sh
sTess. ErreT feund its proper osEabstaat ia tha
side aT6a Bhere trath gEs allowed ts mest Il
Tbs nest intricate 9uestisns Of StaEs Boiiey-th
prsfssndoss subjsels Of inOrals--Were diseases
IN ADLER pEblicstioas aRd by ablsr writer's, tia
Whsn pamphlets Eero issued ia secret az tb
psril ai the publisher. The dgsusisn Of iniozm1
tlon tended directly to elevate all classes, an
reacted upon the wFitsTs Of tke day. With th
eRrssd Of Intelligence and thsl activity Of min
consequent upon ths Eoeens siTaggio, aud ia