The New York herald., 1865-01-07


In such The jury the arbiters the matter
They stand a. n were between che living and the dead
may Be- stayed Sa. T IL 10 our own immediate hat COM
munity, these feelings and considerations may be
Uubc and ~ Ill 1n pu and %
pas OF the country this interest eKtends reaching
.ae philosophical nsds shss conduct our Affairs - wel
sss.weea po~e. sa4 ,1i.se and sse freedom q
n.. dc freedom or The 70 The support Of our nssa
ri ves Mon do not need be all q them philosophers
ct and fume over what they think tho aggression Of tho
ncw.Paper they ieoI personai 9ures Tor themselves
virtue o angels and he fuesl wisdom and they some
times seem % think and II they could only
gain public good But when you come down 70 the
actual ISSUE and the question up 70 whether
sI e ss e. ss s = % s .ssS
frettins and fuming as they might have been
under petty grievance oS. . sho Ss,,.1.ns Time
eo inssa.lon and shsi these rsss upon freedom o
and degrees q inleress msnssssed s every way in this
and makes fee and kaow has tho question be-
for cursolves and our SUCCESSOR decision In The
general result OF which tho parties the suit win utterly
dsoos os xse0s spd a'i hs.s M M
s sa. cs this saS ana sn5ossn 70 &
plaintiff Opdyke 70 recover from Mr. Weed the
e e, ~ ~ ~ e.. M os,.. wssd ~ had @ no. no.
for any sosvces anpenosuod nor cor any pbtigauoa,
psroOs Or impssfsc sPTnsiag sp Seswcc. hess parties
s!sss Az y "a s Is s::sss
and 90 Il hAs been dsciused III hs couse Of this
.s:: S::: T.: ssss sss :. Gss & n. s.!ss ss
, ~; 'ss ~: 4 : sss: sS .;s, q
:s,:.:s g s:;s ;sS sss:s ss tssss $'A nine ss
s:: b :ssss ~ Ss s's
S %oss & sss; &: e. sshS M
.hsis,:f s.: g ia .ss. H., FORM and
intention 70 inict tho punishment Of public justice
Mr. weedfoe what . ssmeda pu0is oaehce against the
so0G Of ns = s ~ me az
but, instead Of ofssorting 70 tho tribunals OF pub.
lie iastieo. the plaintiff avssis himsef q
Of tho jury Is thus bat cxtravagant ides Of the
plaintiff 70 set up claim for $4,000 unless we can
J for whom they appear Tho question Of money as be-
tween the parties may In fact DO altogether passed over
remedy an inward hruisc, and Mr. Opdyke certainly
has received no Othcr. And here should end this
position that Mr. Opdyke should mako Charitable do.
nation Of tho money received BY the verdict of the
jury % some Of the charitable inst,.utions Of
and jury and out Of the money Of somebody else; Of
course IN such transaction not letting his night hand
knowing as we do both of these parties tho idea Of
making Mr. Opdykc the almoner Of Mr. Weeds charities
degree Of The sublime. If Mr Weed had been elected
the almoner Of Mr. Opdyke's charities, and IL the un
Gated to HMM Weed 5 charitable-he would doubt
make with great Of his money as he has done
70 DO the almoner Of Mr.. Weeds bounties, from
any indications presented In the development OF the
and Lis freedom of parting with T. not ling
It, Is very difficult 70 perceive Our learned friend
docs not expect 70 get enough however from NJ Weed
question, and would like 70 know how the obtained
expected 10 be obtained is TO be applied TO tho charta
bic institutions Is TO be given just 10 received
tho expenses OF the suit FIRST 70 be deduoedi Or
is IL the intention TO lay this up treasure in hoaveni
And after being so laid up 70 be put 70 tho credit OF
claims Il from MI Weed, is i 70 bs divided among
their sacrAce toll they may have the sasfac
on of knowing that thcy had laid up something In tho
is indeed, most surprising did appear TO
that II the plaintiff really seeking law he would
20 about in the ordinary and proper way We did not
think that he would have assumed tho position Of beg
gar charity and seek TO establish the condemnation
his opponent and the establishment OF his rcputa
and character under the plea OF pious fraud that
would turn to accoun. the charity Of the jury at
anoiher's cxpcnsc. No When plaintiff ap
fore tho close Of hts in TO hapd his hst
around II becomes clear that hc anxious 70 escape In
Sosn .Sc & 70 S having my now sS rid Of the the
rosscr part Of the consideration OF thcsc matters, lot
see where thcsc ccntrves who stand out as the SWORN
thcy in tho interest OF the community There 10
great drcncc bctwcen ccising the actions of sn in
dyduai holding public position and person In private
.ssons 'S sos Of pubic p ana public Sonsue while
confines itscf 70 ccnsurng te scls or public and
tons are confined 70 these public msttc Il absurd
for any 70 bring any action as against tho press In
law and injury 70 the community These sensiments
arc not my own They have been reduced 70 axioms
both in England and in this country great thinker In
England declared that 10 restrain the liberty OF the press
can only os . Se S @ -
safety Of tho people Is the supreme law These arc
the sentiments with which man leaving private liSe 70
ontor public service should devote himself to the public
intercs. pretty business 1t is II ono who enters
upon the work and docs nos succeed should come into
ties should shrek for aid 70 keep HIM from sinking
No; 10 long he has accepted the public position to
Il Is lust as simple and a. foolish for one who strips
tho encounters to shrink and shrek, aud desert from i
as s 1Ss sns manly .T - ~So sss
wounds and danger 10 complain Of the hArdships OF
campaign life or OF the danger Of opposing bullets No
organ OF tho feelings OF the peoples and u this s
done under cvery form Of govornment whore IT'S
ir'e'o" in country where every - citizen takes a
part every exercise OF political power What Do we
know OF hunts and the Opdykcs that appeal to us
for our surages support ezccpt whs 10 made known
10 us through tho circulation of newspapers and the
comments that accompany them The Liberty of Eng
land Il IN said gone forever these safeguards OF law
are broken down The learned counsel then quoted at
length from ibs law books In proof Of hts position
showing the great dnercnce existing between the posi-
tions Of private fd public individuals ana bov far the
liberty cf the press extends TO critce tho acts OF public
men, 30 long Ia sctustcd by motives of malice
or Of slander 40 cited the opinion OF Maxander
Hamilton ono O. tho great mon who took part In the
foundation doence Of the liberties Of the republic
'sThe real dAsger oS liberties" ssd that
statesman sis "a from troops The road 70 Tyranny viii
be opened by making dspendent Judges by packing ju
rss by sitting shc press by sencing leaders and pa
trois This the solo and direct oourse BY which
the liberties. cf the people could bc overthfown-by
which tho onndaons Of liberty will be destroyed under
the forms % law The only remedy or provcnton OF
these evils IN In Of tho Intelligent jues Of the
country Te liberty Of the press consists In is right 70
publish the truth Tho time when thspc right
10 say something public Affairs The rst govern