The Portland daily press., 1866-11-10
The Rauaor Nuisn nee.

SATURDAY mUruluSS5, No'o ~ ~
The Bangor Nuisance.
The substance of Judge Tapley's instruc-
lions to the jury, in the case of the Bangor |
Democrat. is contained in these three para
graphs:
l. Treason against the state consists in levy,
ing war against it, adhering to its enemies nav
giving them aid and comfort inns 4neno" veil
be committed by writing and puphshins 40 Won
asby speaking, .,,,. of actual war, the pub
Usher Of newsRaRR;e1 articles in newspaper,
WI @nu and the press and property us
ed 70 mint and disseminate it, becomes puDlc |
nuisance. :.l.o,,,os
liable to abatement 1t has no pre-eminent
,iqht of existence in that form over that of any
other kind of property; but like all other null
sances it exists not only without right, but
against right, and may be abated by any indi-
Vfdual suffering special damage therefrom; and
the law is not so inconsistent as to allow its
owners to recsver damages for the abatement
of that which exists not only without its au-
thority, but in defiance of its injunctions.
Whether this is sound law, is not ques-
ton to be decided by the newspapers. The
case will come up before the full bench
is in favor Of the rulings of the Judge. A
Maine jury, composed ofmen eff both parties
found under these instructions, that the Ban
gor Democrat was in 1851 nuisance, that its
abatement by the destruction of its printing
material was justifable, and that its publish
ers were entitled to damages only for super
fuous destruction of property beyond what
was necessary to prevent the publication of
the paper We say now, as we had occasion
to say before, that this -erdict is substantial
ly just 1t cannot be expected that people
whose sons and brothers are facing public
enemy in the fieE will submit to the injuries
inflicted by an INSCRIPTIONS press holding
forth encouragement to the enemy and labor
ing directly TO enhance the sacrifices of the
war. But we also said and repeat, that there
should be some lawful way of removing the
offence. That duty should not be left to the
irregular impulses of an outraged community
While we do not hesitate to say that the
verdict in the case is substantially just, we
do not undertake to pass judgment upon the
points of law. 1t would be mere impertinence
to undertake in these columns either to en-
dorse or to contradict the well considered opin-
ions which have been promulgated from the
bench. We did remark, in passing, that
Judge Tapleys first proposition, that treason
"may be committed by writing and publish
ing, as well as by speaking" cannot be disput-
ed No legal learning is needed to see that
aid and comfort may be extended 20 the enc
mics of the State by written and published
words The writer who undertook to defend
the Democrat in the columns of the Argus,
admits rather unwillingly, that ''where words
are written and forwarded as messengers to
the enemy, they might perhaps be so consid-
ered." And it appeared at the trial, that
many copies of the Democrat were sent South,
were forwarded as messengers to the enemy.
He adds they must be forwarded in such cas-
es, with actually malicious and reasonable
intent" but he knows that in law malicious
acts are simply unlawful acts done wilIfully
and with design. GW-
In the case of Algernon Sidney, it was not
writing and publishing" but writing alone
which was made evidence of guilt by that ia
nous ruling of Jefreys, scribere est agere.-
The admission OF that manuscript, W. are
told by modern authorities, was aclearly lille
gal" But Jefreys, scurrilous sneak as he
was, was nevertheless an able lawyer, and his
ruling stands proof in itself of what the
English law then was. That the law was
harsh and unjust that Sidneys death was a
disgrace and the occasion of deep sorrow to
the English nation, everybody knows We
ma 10 oas fN q
lenity of our own laws, which far from pun
ishing the writers and publishers of treasona
Bile words, entertain their complaints. and
simply refuse to award them damages tor the
destruction of materials so shamefuIly mis-
used.
The last number OF the Democrat devotes
nearly half page to the recital of its griefs,
and modestly ranks its injuries with those of
Sidney. The parallel will be complete when
the future historian tells how the people of
Maine were dissolved in tears at the spectacle
of the Bangor martyrdom, and how the State
Legislature reversed the action of the courts
by voting to the plaintiffs small pension 1t
may be, nay, we are willing to believe, that
the publishers of the Democrat were sincere
in their opposition to the war which they de-
clared unjust, unholy and outrageous. So no
doubt were many Southern men sincere in
their belief that the war ON their part was
just and holy. But were not we also sincere?
Were not we in earnest? Was it not also our
right to overcome that assault upon all we
held dear? Were we to surrender to these
men because we believed that some OF them
were honestly wrong? 1t was our duty as
well as orr right to put down the rebellion,
and If northern men were unable to realize
that we were engaged in actual war, and al
lowed themselves to lend aid to the enemy. it
was our duty as well as our right to protect
ourselves also against them. We do not like
the method adopted at Bangor. We trust the
Legislature viii provide some lawful way of
dealing with such cases. But that they should
be dealt with is only the dictate of common
sense and the instinct OF selfdefence
ElectiOn nm i'm Nax~ VAIL