The Portland daily press., 1866-12-10
The Freedom of the Press.

Suppose that by writing and publishing, a
man should, in the language OF Judge Story,
disturb the public peace, or attempt 10 sub
vert the government. Press.
Yes-suppose that case. What them
What should be the punishment? Give us
your own opinion, nei2hbOr. We have always
entertained very decided views on the subject,
and we should like to know what the Press
thinks-should like to know the true light in
which those should be regarded who burned
the Constitution at public pow-WOw on the
18th of July, who declared that constitution a
covenant with death and an agreement with
hell, who declared that they were bound to
disobey that constitution and who advocated
q dissolution of the Union in preference to
Union under the constitution. There is no
doubt as TO the light in which those who took
up arms against their government should be
regarded, and it is desirable that it should be
equally We'll settled how the other classes re-
ferred to should be regarded. Perhaps the
Press will give us a little light ON the subject.
We shall see.-Afgas.
On a certain occasion, Mr. r. W. Sherman,
in the course OF an argument before the late
Judge F, of Connecticut, made a point
which the Court did not at first comprehend
Mr.. Sherman" said the judge, who as not
remarkable for quickness of apprehension,
"Blr. Sherman, would thank you to state the
point so as 1 can understand you" Bowing
politely, Mr.. Sherman replied in his blandest
manner, "Your Honor is probably not aware
of the task you are imposing upon me-"
The opinion of the Press on this subject Of
reasonable writing and publishing is no Sc
cret. We are willing to try to Estate the point
so as the Argus can understand il" but dis
tinctly refuse TO be held responsible for the re-
suit. Treason against the United States con-
sists only In levying war against them, or in
adherlnS to their enemies, giving them aid and
comfort. Reasonable publications, according
ly, are such as in time of war adhere to the
cause Of a public enemy, and afford aid and
comfort to forces arrayed against the United
States. There can be no treason without war.
Free discussion of the principles of our gov
eminent and of the public acts Of our public
men is and should be encouraged so long as
the nation is at peace. 1t is and should be ev-
cry mans privilege to hold and to utter his
opinions, no matter how sir ange, novel, or I'M
popular, and the law should and does protect
him in the exercise of that right
A state of war is another matter. A battle
field is no place for conundrums or verbal ar
guments. Silence and unquestionng obedi-
ence are required of the soldier, and some
thing Of military rigor touches every citizen
We would not have, even under such circum-
stances, any censorship of the press. Its es-
sential freedom should remain unimpaired;
but if it lapses into treason, If it aids the pub
lie enemy by furnishing information, or COM
forts him by encouraging him to believe that
ne has to do with divided people, then we
believe, as we have repeatedly said, that a
press SO offending should be amenable to the
laws for its offence The press will still be
free, but it should b. held responsible for the
Use of its freedom
During the recent war there were two meth
DDS of dealing with newspapers which over
stepped the bounds of legitimate opposition
to the administration. Either they were ar
bitTarily suppressed by the military authori
ties, or they were summarily dealt with by the
people whose sacrifices and losses were in
creased by their malign influence. We like