The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-11
ENGLAND.
Political Claims and Legal Rights-yindica-
ton Of the Press.

ton Of the Press.
From the London Times, Nov. 27.I
The distinction between political claims and legal
rights was never more forciby illustrated than in
the case Of Wason vs.. Walter, on which the judy
ment OF the Court OF Queens Bench has just been
given. With that Judgment. as most ably and con-
vncngly delivered by the Lord Chief Justice OF Eng
land both the public and the press have every
to be satisfied, and yet it Is something like an anon
ally or an anachronlsm that the question involved in
the trial could ever, under actual circumstances,
have been raised at ALL That question was,
not merely whether the press Of this country
was to be regarded az q free press, but whether
the functions OF the press were to he discharged
ut all except at the peril OF those concerned.
we were actually prosecuted for the publication OF
debate In Parliament; but II IL were not lawful Tor
a newspaper to report even Parliamentary debates.
or to comment upon ita reports, or what use would
newspapers be, or what would be the meaning OF all
those CALCULATIONS which statesmen OF all parties
now employ IN speaking OF tue position which the
The truth rs the press has risen, an institution
81 ss state IN spite is o. "a III @
country we have never had any '0rganic principles"
Of free discussion proclaimed In the blaze OF revO
luton our freedom has been asserted by silent
though rapid steps, and under such species OF sui.
ferance that every inch OF progress was open to cha
and discharge OF one function after another. mas
grown rs vigorously and yet as nOiseessly as an
oak, and 1t was only when somebody chose to ques-
ter was perceived. Happily, when the law was in
voked the result proved 70 be- not prescription but
recognition Administered by judges qualified to
measure the progress OF the age and prepared to
conform to its spirit the law adapted itself to facts
and newspapers at last after series Of trials and
judgments, practically rs free as II their liberties
had been defined and sanctioned BY comprenen-
sive charter. One step more was gained on Wednes-
day. Last week 1t was not certain that . journal
could publish y Parliamentary debate without
liability for the character OF its contents. The
right Is now placed beyond doubt and Will never be
the whole argument however, as well as the de-
cision, was exceedingly characteristic OF tue con,
ditons we have described a. attending the growth
OF the press In this country. The Court had no
doubt about its Judgment, and yet 1t acknowledged
raised, anu demanded, therefore, solemn and
formal settlement. such reports had been pub.
the public that the right to do so was questionable
but at lastan individual did question It, ana then as
much learning aud pains were bestowed upon
the judgment as n 1t had been one OF the
kn0ttest points imaginable The Lord Chief
Justice was compelled to argue almost lab0-
public from tho practice impeached. "What would
become OF our attachment 70 the constitution under
which we live II the proceedings OF the Great Coun-
ell OF the realm were shrowded IN secrecy and con-
ceaed from the knowledge vi the nationr "What
would become of the right OF petitioning, which Is
were kept In ignorance Of what IL passing in Para-
ment ~ 'Can any one doubt that the publicity
given 10 what passes In Parliament Is essentially i'm
portant TO the relations between the people and their
representativesr Certainly these propositions very
much resemble those eternal maxims which require
no Justification and yet II happens not only that the
principle did really remain 10 he laid down. but that
the great facts which 1t rested had actually been
doubted" not merely by ordinary individuals but
by the judges OF The land themselves just gener
atIon ago.
country II was looked upon with little favor by the
authorities IN power. Statesmen were AFRAID law
yers were jealous OF It. All che while that II was
spoken Of the "F0urth Estate II was left without
any established rights or regular recognition. II
only sale long IL was not prosecuted and 1t
might be prosecuted ON any one Of nny pretences.
Nowhere mad 1t been recognized that II there was TO
be press IL followed that certain opportunities and
rights must needs be accorded TO those who con-
Quoted IL. Newspapers had grown to be necessity
OF daily life to all educated persons, and it was the
prime object OF the most liberal school OF politicians
IN se CLASSIFY m the nnsuotsr One tsx aer
another was condemned as standing IN the way OF
the multiplication OF newspapers. One law after
sal commodity as was possible. Yet. though we
sye Sep SSSe sSe s
II was open TO any to plead that we had bust
ness 10 report at a; thar the alleged duty" OF q
journalist In such matters had no existence, and
that whatever we did was done at our proper peril,
without any presumption OF professional title to be
allowed In favor. or "the pressn II actually
existed and was actually regarded by the country,
Even now perhaps, AZ this very hour, our position
stu remains IN many respects indefinite and yet we
have no reason and certainly no disposition 10 COM
plain OF It. AZ powers have grown ne JGrcfo 40
have they gradually acquired character de
JUf Our iegai TlsntS nave w u ctItsth uishihCe,
followed upon our political claims, until at last prac
ticay speaking, the freedom of the press IL amply
sufficient for tho due discharge OF its several unc-
tions. IL might be impossible even now to defne
these liberties with any exactness or 10 say for in
stance. what . newspaper might or might not Sc
curey publish. But TITS stage 81 freedom has at
any rate, been rcachcd-that journal may, IN point
OF fact say print anything which docs not strike
a jury ~ bel ny wrong We are bound 20 observe
honesty and fairness TO keen above suspicion OF
malice and to show that public interests ~ well as
upright motives have guided our views. whether
tnese principles have, IN any particular Instance,
been duly adhered ~ is usually question 81 com
mon sense and every day judgment. As such Il may
very iairy lie lett to "A British jury, nor should We
doubt OF obtaining, when the occasion came. a.
ample justice a. las been done us now.