Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-01-15

| Its integrity III hutffls W tho PooP'e, NV
the numbers of those who can be sup
ported as public instructors in conduct
ing it, assure for the press, as a whole
the greatest ability the country can pro-
duce. And, though its effects may NO
be immediate. or Immediately seen, It Il
therefors in these States power which
will ultimately control them.
So fully appraised by tradition, expert
ence and the lessons of history, we're oui
fathers of the power and Importance o.
the press, that they took every precau'
ton to guard its freedom, and incorpo,
rated into every Constitution of the States
and the Union section declaring its
perfect freedom to publish as it willed
and to examine freely the conduct OF all
officers and departments Of the govern
ment, not even adding the restriction
commonly conceded, that there should be
responsibility in damages or otherwise
for the truthfulness of its utterances'
The doctrine "the greater the truth the
greater the libel" has not obtained in
this country, but the truth may be gwen
in evidence. And, as to all subjects, the
doctrine of the American people is that
error itself may be safely left free, when
reason and truth are left equally free to
combat it There is not an American
Constitution which does not guarantee
to the full the liberty of the press, as
against all the officers, departments and
mowers of the government. There is not
an American statesman, with reputation
enough to be known out of his county,
who has ever ventured to deny it. And
there cannot be found single respect
able American lawyer or judge who has
dared to call it in question.
The complete and unrestrained liberty
| of the press is right which the great
trainers of the Constitution and the
founders of Liberty in the western hem
isphero designed to make inalisnable' 1t
is right which cannot be taken away in
any case or for any cause, even the most
fragrant; nor on any pretense OF neces-
sity, even the most stringent; nor for
any purpose whatsoever, by any ofiicer
of the Government, executive, legislative
or judicial, nor by all combined, without
violating the supreme law OF land OF
freemen, and crushing liberty under the
heel of the tyrant power which essays it.
If the huEblest journal in this land is
suppressed, or, what is quite the equiva-
lent, restrained by any power or penal
ties from unlimited freedom to publish
being responsible for the abuse of that
liberty in damages to a wrongfully in
jured party, or by indictment in case OF
resulting public mischief-free govern
ment has received wound, and every
citizen is stripped of means to liberty.
You may as well suffer theft, a rob-
berry, or a murder to go unwhipped OF
justice because it is single and isolated
case. and because the chances are not
one in thousand that any other partic-
ular man will be robbed or murdered
next, as to suffer only one, and that the
most obscure and humble newspaper in
America, to be restrained of its liberty to
speak its whole mind, concerning any
man, matter or thing. To concede the
least jot or title of the liberty of the
press is to abandon the principle and
concede it ALL And when people have
conceded this, they have consented to
their chains, and may wear them fttingly.
We speak herein of a great public
principle, on which, in no small meas
ure, the perpetuity of free government
depends. If the possibility of interfer-
ence with the liberty.of the press had
been limited ten years ago, it would have
met auathemas on every tongue, and
been secuted as the mere dream of
demented vision. If it was unhappily
done during the war, it was at least done
with an acknowledgment of the necessity
for apology, it was but seldom, and the
result in rare instances of more or less
stringent necessity. No man pretended
to justify or excuse it on any other
ground than that danger was imminent,
and that it was to be temporary and
limited to the emergency.
Shylock was entitled to his bond by
the letter Of the law of Venice. But the
spirit of her laws forbade the execution.
The letter of our law may give to the ju-
dietary discretionary power to Judge OF
and punish contempts. But the spirit,
nay the very letter of the constitution Of
Tennessee declares that the press shall
have unlimited freedom to publish. 1t
it is punishable, and may be restrained
or suppressed by penalties, it is not
free. If any officer of the Government,
Legislative, Executive or judicial, has
the power to restrain it, he has the power
to override the constitution and subvert
the liberties of the people. The legisla-
tive enactment, and the common laws or
bot h combined, under which such an
officer may claim to act, are thus set up
as superior to the supreme law itself.
And, with this latitude, there will be no
limit to the power of officials and no end
to abuses and infringemehts of private
and public right.
| This issue has now been made with the