Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-09-08


obtained their opinion that be did possess
that power. 1t was q judicial opinion
I because it was given in a sham action
l brought against Sir EDWARD HALEsi
for exercising an Office without having
made the declaration against trsnsub.
sanitation or taken the cath of Suprem'
acy, in which the Kings dispensRtiOn
was pleaded in bar, and the plea de-
INJURED to.
We pause to ask the reader to note
what an admirable precedent Tennessee
has for her test oath, administered "a
persons proposing to vote, by irrespOnsi'
BILE a~ppointees Of the Governor; and
how our Governor,-may be live a thou.
sand years, s0HHewhere,-follows the
royal presidents Of JAMES, by dispens-
ing with that provision of the Constitu-
ton that gives the people the right to
elect their Judges, and relieving the
people Of that trouble by himself ap-
pointing " the Judiciary officers" of the
Government. LOUIS NAPOLEON, also
has q censorship of the press but he
does not commission any Judge BRIEN
TO indict Journals for the first offence.
He is mild and merciful enough to give
them warning, that they may have an
opportunity TO mend their ways.
But we hasten to furnish Judge BRIEN
with the authority in point. The Arch.
bishop Of Canterbury and six Bishops
presented the King a remonstrance
against his exercise Of the dispensing
power, insisting that it was unconstitu-
tional. Judge BRIEN, constituting the Sc
dition law literally, would have said that
they denounced the law as unconstitu-
tional. The King caused the seven
Bishops to be indicted for publishing a
libel. All the Judges but one or two, on
the trial, held it to be q libel. Honest
Justice POWELL declared 30 the jury that
it was not so, and that the King had not
the dispensing power but ALLYBoNE,
Justice, said
"No man can take upon him to
write against the actual exercise of the
Government unless he have leaue from
the Government. II he does, he makes q
libel, be Uhdt he Urrites true or false. If
we once come TO impeach the Govern
ment by way Of argument, it is srgu-
ment that makes Government or no Gov
eminent MARX the logic! $50 1
lsy down, that the Government ought
not TO be impesched by argument, nor
the exercise Of the Government shaken
BIZ ~0rgluaeat. Am 1 to be allowed to
discredit the Kings Ministers, because I
can manage a proposition, in itself doubt
ful, with a better pen than another
man? This I say is libel" land
sedition also: Per BRIEN j. IN re
The State Of Tennessee VS.. ConstitU-
tional Liberty and Freedom of Speech,
two pestilent ~disturbers of the peace.
"My next position is that TO private
man can take upon him to LVrite concern
ing the Government at all - mark that,
Judge BRIEN -,-'fOr aOhdt has any pri-
vate man to do with the Government?
It is the business Of the Government to
manage matters relating to the Govern
ment; Il Is the business Of subjects to
mind only their priUctC affairs" 1T is
the business Of BROwNLow to manage
-Brownlowdom it is the business Of bis
subjects to mind their private affairs. If
they do not, " put your heads together
colored gentlemen Of the jury, and find
them guilty OF Sediioal "If the Gov
eminent does come to shake my particu-
lar interest, the law is open for me, and
I may redress myself; but when 1 in
trude myself into matters which do not
concern my particular interest, 1 ana q
Hbeller. and frtly the attack is the.
OOrse i under a sPecious preteRce for
by that rule every man that can put on
a good wizard may be as mischievous as
be will, so that whether it be in the
form Of q suppiicstion, OF an address, or
3 petition, let Us call it by it, true de-
nomination, it is a libel"
We commend Judge BRIEN TO a care.
full study Of this valuable authority.
Lord HALE said, that when the law is
broken down, injustice knows no bounds,
but runs as far as the wit and invention
OF sccusers, or the detestation Of persons
accused will carry it.n Let Judge
BRIEN's plan Of ferreting out the
cases Of free speech and the exercise Of a
clear right, which he ~pronounces crimes,
and there will be delatOrs and infOrmers
more than enough.
In the case Of THOMAS PAINE, in
dicted for a misdemeanor in publishing
THE RIGHTS OF MAN, Mr.. ERsKINE
said
1.-THE liberty Of the press has been, in
every country, the last liberty which
subjects have been able to wrest from
power Other liberties are held under
Governments, but the liberty Of opinion
keeps GOVERNMENTS themselves in due
subsection TO their duties. This has pro-
duced the martyrdom Of truth in every
age.
"When men can freely communicate
their thoughts and their sufferings, real
or imaginary, their passions spend them
selves on air, ike guDpowder scattered [
upon the surface but pent up by terrors,
thew work unseen, burst forth in q mo-
ment, and destroy everything in their
course. Let reason be opposed to reason,
and argument to argument, and every
good government will be safe.
In proportion, as the Press has been free,
English government has been secure.
81 shall ever maintain it TO be the
dearest privilege Of the people Of Great
Britain TO watch ~ everything that
affects their happiness, either In the sys-
tenn Of government or IN the practice;
and thatfoT this purpose THE PRESS MUST
BE FREE. It has always been so, and
much evil has been arrested BY it. II
Government finds itself annoyed by Il,
let IL examine its wi conduct, and IL
will find the czuse,-let it amend il, and
il will find the remedy.
"NO GOOD Government will ever be
battered by paper-shOt. M~Ontesquieu
says, that m 3 free nation il matters
not whether individuals reason well OF
in. 1t is sufficient that they do reason.
Truth arises from the collision, and from
hence springs liberty, which is g security
from the effect Of reasoninRIu
We venture to predict that the Con.
servative press Of Tennessee viii not
shrink from the performance Of its duty
in consequence Of the judicial seou1esl
which Judge BRIEN uplifts over their
heads. Power is indeed drunken with
success when it undertakes to stiae nv
force and terror the discussion Of its own
legitimacy. The time has not yet come
when Tennessee has ceased to be one
spot " where man can freely exercise his
reason on the most important coacerns
Of society, where he can boldly publish
his judgment on the acts of the proudest
and most powerful tyTants."
/
Witt regard to the mention OF Star I
ton for the presidency, the New Haven
REGISTER says that with Conover for
secretary Of state, he might run well, for
q short pull.
Gen. Grant has furnished guns.
swords, cannon, oaissOns, etc, for the
use Of the cadets OF the Virginia mill
tary institute" Snd has also restored 70
the institute the old "cadet batterv.n
hitch hed haan taken from Il -