The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1868-09-09

The FRENCH PRKss LAw-The new Press
Law of France is more In agreement with
the spirit of the are than that which Il super
sedes II matters little what motive induced
the Emperor Napoleon to enlarge the liberty
of French Journalism. Perhaps he Is really
carrying out those ideas of progress which
he has so often assured the world are dear to
him, and which he Is so willing 70 reduce to
practice as fast as France is educated up TO
them and may safely be trusted with them.
Perhaps he is desirous to make friends with
so powerful body OF men as the French
newspaper writers, whom no legal discipline
has hitherto been able to coerce into servile
adulation of the Empire. Whatever Is the
real purpose Of the concession, Its effect can
hardly be injurious to the Napoleonic rtgine,
and may prove 4 solid advantage to II. The
French Journals now have quite as much
liberty as Napoleon could be expected to give
them. So long as his form Of government Is
an empire, and he the centre Of strongly
centralized system, so long must be, in self
protection, Keep some kind of check on the
freedom of the press. II Is only under the
mild constitutional monarchies and in repub-
measure OF liberty. In estimating the sigRih-
cameo of the Emperors acts Of liberalism,
we must always look at them not from our
own point of observation, but from his.
Under the new law, French editors are
free to write what political articles they
please, and are answerable for the abuse Of
the privilege to the correctional tribunals.
The government puts itself in the quasi posi-
tion of q private individual. If private
citizen is libeled he has his remedy In the
courts; SO has the government. Prosecu-
tions no longer originate with imperial min
listers. The project of each department now
has general supervision of the journals pub
lished in his jurisdiction, just as he has Of
other interests. The plan of warnings"
which was an ingenious system Of terrorism,
helding as it did q threatening rod over the
editorial head, no longer exists. In case of
q distinct offence, q prosecution does not
necessarily follow. In this respect, the law
is q curiosity, and reminds one rather Of the
discipline of q school than of a statute for
the government of grown up people. NJ.
Pinard, Minister of the Interior, in his cir
cular to the Projects, giving them final in
structions concerning the law, enjoins upon
them the exercise of great forbearance with
erring ones (the bad boys of the school, we
might call them). The prefect is to main
but to keep in "good relations" with them
the very attitude of schoolmaster towards
his refractory pupils. He is to preserYe the
"dignity of power,n (his own but not to
compromise the independence Of the wri-
term other words, not to snub him or
humiliate him. He is to give the offending
Journalist chanae TO explain, or take back
4
tions," as NJ. Pinard delicately says. The
Prefect may, If he thinks best, make a "direct
reply to the journal that has led the public
into error" and the printing of that reply is
a sufficient conformation of the offence. Or,
he may cause a contradiction to be inserted
in another journal The official corrections,
furthermore, must be confined to showing
up the "erroneous figures or the inexact
fact.n
1t is only when these moderate measures
fail that prosecutions are authorized. With
the project is associated the public prosecu-
tor. These two authorities must agree upon
the necessity of legal action before 1t is COM
meneed, and even then they do not actually
prosecute until the complaint has been sub
mitted to the Minister of the Interior, along
with a copy of the journal containing the
offensive article. Finally, when prcsecu-
tion Is resolved upon, the editor has his
chance of aequittal before q magistrate.
However much projects, public prosecutors
and magistrates may be desirous to prove
their fidelity to the imperial government,
they will not be so very anxious to make enc
mics of power which they can clearly per-
ceiye the Emperor propitiate rather than to
overawe. In the country, where the editors
may happen to be on terms Of personal friend
ship with the functionaries, they may be
pretty sure of considerate treatment.
The practical operation of this curious law
will be watched with interest BY the edito-
rial profession in all parts of the world 1t
promises well.-N. Y. Jour. Of Com.