Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-09-19

inc With the liberty OF public ceoste, either upon
the tribunal. or through the press IL IL not ye,
more s;fsnge. that s.agle department of the
Govern nent--she executive-shoUld turn upon
it, creator The public opinion Of the country. and
sadesvor 10 destroy itf A free press. and free
pepelsH forum. are the reserved thuncerbolts of
popular poser. by which the people can At plea
s3re make or mar both Congress and the Execu-
tive Can we admit that the founders OF the
Constitution, Who we're careful in securing the
utmost freedom Of debate in the legislative TO
rum Of the nation. could even have thought OF
abandoning ike. or even greater freedom OF
discussion in the popular forum wherefrOm the
Legislature Is borni II not. then. the attempt
TO destroy il BY any department Of the Govern
ment---is mere force-mere usurpation.
need not remind you bow this primordsl
right has been derived 70 " from the past. To
ASSERT Il has cost rivers Of blood-the best blood
that ever warmed human hearts into love for. and
sympathy with. down trodden, oppressed. but
ever -advancing humanity. The stains of this
blood form continuous line from the present
generation back to the great martyr OF freedom
upon Calvary. Has this right then. SO conse
Grated. come down 10 Us that IL may be Lost !!
Or shall We not rather preserve. augment aud
transmit: il with better guarantees 10 the genera
ions that are 70 come after usf
UrISross OF IuISxEks
The right Of free discussion. Of free press
has been held BY all thinkers. essential 20 free
institutions. Thus Guizot observes:
What affirm is, that Representative Govern
ment does not attribute sovereignty as inherent
ly residing in any person-that all its powers are
directed 10 the discovery and fulhlmeut of that
rule which ought ever to govern their action, and
that the right Of sovereignty Is only recognized
on the condition that il should be continually jus
titled "All combinations OF the
political machine then ought TO tend, on the one
hand. 20 extract whatever of reason. Justice or
truth. exists in society In order 10 apply il 30 the
practical requirements OF government; and, on
the other hand, TO promote the progress OF socie-
" in reason, justice and truth and constantly 10
embody this progress of society in the actual
structure Of the Government. Repre-
sentative governments compel all powers 10
seek for this rule"-that Of reason and Justice
land give TO all persons the right OF assisting in
this research, By taking cognizance Of the mode
claring themselves what they conceive 10 be the
dictates of justice and truth +" Rep Gov. p. So
and 81
DR.. Francis Lieber. in his great work on poi,i.
cal ethics. says:
1.-The liberty Of the press, or communion by
print belongs TO the general and primordial RICH,
Of ommunion." 81 vol. p $50.
Frederick Grmke, in his excellent treatise on
the Mature aud tendency OF Free Institutions, .
says:
THE press is component part Of the machine
~ Of free government. There would be an in
consistency, then. in arguing whether it should
be free. The freedom of the press was
To knowle ledge. what the sboliton of primogeni-
ture was to property: the one diffuses knowledge,
the other property
II we enquire. WHY 10 most countries so much
power is concentrated in the hands of the Gov
ernmentl the answer is plainly that knowledge
is condensed in the same proportion. II We
could suppose il 10. be uniformly dffused. gov
eminent would cease to be power-it would be
an agency" Book 5. chap 4. .. 296
De Tocoueville, in his great work on Aneri-
can Democracy. states the argument for the
freedom of the press. thus:
They hold that TO act with efficacy on the
press, il would be be necessary to find tribunal
not only devoted TO the existing order OF things,
but capable of eurmounting the influence OF
public opinion; tribunal which should conduct
! it's proceedings without publicity, which should
pronounce its DEGREES without assgning its mo
tives. and punish the intentions even more than
the language of an author. Whosoever should
have the power Of creating and maintaining a
tribunal of this kind would his time in
prosecuting the liberty of the press; for no would
| be the supreme master OF the whole community
and he would be free to rid himself of the
authors AZ OF their writings. In this case. there
fore, there is no medium between servitude and
extreme license; in order to e0ioy the inestimable
benefits which the liberty OF the press insures. il
| il necessary to submit to the inevitable evils
which il engenders. To expect To acquire the
former. and 10 escape the latter, is to cherish one
of those illusions which commonly mslead ma
tons in their times Of sickness. when tired with
faction and exhausted with effort, they attempt
10 combine hostile opinions. aud contrary princi-
Piles upon the same soil De Tocqueville Dem
in America, 1877.
The same author speaks thus Of the ground:
and reasons for an unlicensed press in the Ulited
Statet:
In countries where tie doctrine OF the sover.
eighty oil the people Os;ensbly prevails. the cen
sorship OF the press Is only dangerous, but IL
is absurd When the right OF every citizen Il
cooperate IN the government of society is
! know lodged, every citizen must be presumed Il
possess the power OF discriminating between the
/ different opinions OF his contemporaries and o.
apprecisting the different facts from which infer
ences may be drawn. The sovereignty of the
people and the liberty of the press may therefore
be looked upon as co-relatve institutions: Just as
the censorship of the press and universal suflrag,
are two things which are irreconcilably opposed
and which can not long be retained among tn,
Institutions OF the same people. Not a singl,
individual of the twelve millions who lnhabit the
territory OF the United States. has as yet GareC
10 propose any restrictions TO the liberty of the
press 10 page I96.
Mr. Hallman, the learned author OF the His
tor, OF the English Constitution. says:
"IE is laid down by Holt that TO possess Oh,
people OF an i'll opinion of the government, thai
-. fthe ministry. is libel" Upon this ne ther
remarks: 1t is manifest that such q doctrin,
was irrecOncilabe with the interests OF the party
out of power. whose best hope TO regain il i
commonly by prepossessing the nation with
! bad opinion oi their adverssres Nor would i
have been possible for any ministry 10 stop III,
torrent OF free press. under the secret guidsnc,
OF powerful faction. by few indictments fo
Libel They found it generally more eIpedenl
| and more agreeable TO borrow weapons from thu
same armOry, and rettliate with unsparing invec
tive aud calumnv. And both parties
went - such lengths Ia tie warfare that il be
came tacitly understood that the public charac
tiers of statesmen and the measures OF the admin
ist.atiOn are the lair topics of pretty seyeTe at
tacks Less than this. indeed would not hav,
conteuted the political temper OF the nation
gradually becoming more demoeratcal aud NOR,
| capsule. as we'll as more accustomed TO Judge o
It's general interests and oi those 10 whom the,
are iDtrusted." Z $50
Robert Hall in pamphlet on the right OF pub
lie discussion says:
But if We allow the people are the origin o
political power. it il absurd to require them {,
10 resign the right of discussing any question tia
| can arse either upOn its form or ia measures