The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-10-27
CORTLAND.

The Rights of the Community and OF cue
Press.
Accustomed as we are in TINS country W al"
apparently boundless license OF speech anu
writing accustomed as Northern communi-
tics are also to see every form of violence cor
rected by the prompt efficacy of the laws,
81 is probable that most readers have learned
with surprise that after protracted trial,
Maine jury, composed of men of both poll
tica parties, has decided that the Bangor
Democrat was in 1861 nuisance, that its
abatement by the destruction of its printing
material was justifable, and that the only [
damages to which its owners are entitled, are |
for destruction Of property beyond what was /
absolutely necessary to prevent the publica-
ton of the paper. 1t is true that while the |
Presidential election of 1860 was yet pending,
the Democrat declared that if Abraham Lin |
coin was elected, the Southern States W.
be justified in resisting his inauer- 'uld
force. When those States, att"- -Iatlon Dy
nassed ordinances OF se"' - 'ne erection,
10 SC. up - government of their own,
the DenV lat pronounced their course patri-
otic and just. When they attacked and re-
duced the fort in Charleston harbor and mar
shalIed their armies against Washington, the
Democrat denounced the measures of self-de-
fence to which the national government was
forced to resort. When our people rose to
defend the threatened capital of the nation,
the Democrat declared the war unjust, unholy
and outrageous, appealed to soldiers not to
serve for such a cause and to Congress to
withhold the necessary appropriations. Not on
lywas it thus busy in fomenting discussion and
sedition here at home, but it appeared at the
trial that many copies were sent South, aid
ing and comforting rebels in arms by the as
surance of Northern sympathy which would
ensure their success.
Readers do not forget these circumstances,
but few except professional lawyers have
probably reflected that by this reasonable
course the Democrat had put itself beyond the
protection of the law and at the mercy OF the
community which it outraged. We publish
to-day Judge Tapley's charge laying down the
law in the case. He declares that treason
''may be committed by writing and publishing,
as well as by speaking" This point cannot
be disputed. Men have lost their lives befole
now for reasonable utterances with voice or
pen. In the trial Of Algernon Sidney, the UNI
PUBLISHED manuscript of his "Discourses on
Government was received as evidence es-
sential to his conviction. That was English
law less than two hundred years ago. Judge
Tapley proceeds to say that newspaper which
in time of actual war is used to disseminate
reasonable doctrines becomes public nui-
sance, and may be abated by any individual
suffering special damage therefrom." The ju
ry, thus instructed, unanimously agreed TO a
special finding, that "The Bangor Democrat
OF 1861 was public nuisance and should havt
been suppressed" The action was originally
brought against eighteen persons, TO recover {
sum OF $4,000, as treble damages under the
statute for the injury sustained. Two names
were stricken from the writ at the trial-one
for want of service and another for death
For fourteen of the defendants verdict Of
acquittal was rendered. Against the Other
two, Taber and Mann, verdict was obtained
for $91G.G6, which was for SO muoh of tn
property as was unnecessarily destroyed il
the effort to abate the nuisance. The attorney
for the plaintiffs have filed exceptions and III
case will come up before the full bench a
Bangor next May.
In ordinary cases, a public nuisance nfiict
special damage on certain individuals who ar
alone authorized to bring an action for it
-, 81
BILE Cor any one man TO say, II am especiall
asgsfg,rieyed by the poisonous nonsense of til
legal remedy. As in the laws of Solon n
special punishment was provided for parricid.
because the possibility of snch an nnr,n4-.--
urirnU Hau never occurred to the laweiver, 8
in the laws of the United States no method
pointed out for the abatement OF newspape
which by reasonable utterances becomes
public nuisance. Such an abuse of the free
dom of the press had not been foreseen b
our laweiyers. 1t was well for the govern
ment to. stretch forth its strong hand and pre-
vent violence by interdicting the publication
of such incendiary sheets. 1t would hav
been better had Congress or the States provid
ed for tier abatement by law, and the soon
er such provision is made now the better
The verdict in this case is substantially JUS
1t cannot be expected that a patriotic peopl
will in time of war submit to the injuries il
flicted by an INSCRIPTIONS press, which USE
its whole influence to encourage the publ
enemy, to prolong the armed contest, to il
crease their burdens and to render the fina
victory more costly OF precious lives. Blu
there should and must be some Lawful
way of removing the offence. That dut
Should not be lett to the irregular impulses @
ajusty incensed community.