The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-21
FRANCE.

FRANCE.
The New Press Law-PrOmulgatiOn for Exc.
cutiOn.
On the 7th of June the Minister OF the Interior OF
France addressed the following circular to the pre-
fects upon the new Press law
M. LIE PREFECT-In realizing the promise OF Janu
airy 49, 1867, the new Press law puts end to the
discretionary power of the administration. The ne
cessity OF previous authorization and the discipline
~ powers of the Minister at the same time abo
ished. Henceforth the press win only have as its
Judges the judges OF every citizen II will no longer
be under tutelage. Henceforth it is incumbent upon
the guardian OF the seals to give detailed insruc-
lions to the public prosecutors to the execution Of
law which only maintains the repressive action of
the tribunals towards the press But If the part Of
the administration Is profoundly changed 1t remains
none the less considerable; 1t Is transformed and
What is this part as towards the judicial authorityY
What as towards the writer2 In what degree shall
you concur, as administrative power In the appca-
tOn of the new lawP Brief explanations will suffice
to settle upon these three points the character and
the nature Of your Intervention. When the judicial
authority has to begin prosecution having a po-
tical character 1t Is essentially desirable that it
should be In agreement with you. 1t alone has to
decide the question Of legality, but you will often
have to give your opinion to the question Of OPP
portuneness. This situation implies that frequent
| relations and an understanding will be more than
ever necessary between you and the public Ministry
1t also requires that you should not point out any
| it to me, and that you should keep me fully
acquainted with the phases well as the results OF
every prosecution. towards the writer who does not
come under the application Of the repressve laws;
| you have double duty to fulfl-the duty OF sur
VIGILANCE and the duty Of good relations The duty
OF surveillance s indispensable to place you in pO-
sition to rectify erroneous facts The the
troll OF the press is extended to the acts and inten
tons OF the authorities the II becomes impOr-
tant TO establish its truth.
You have at your disposal either the comn,u,ique,
direct reply to the journal that led the public
into error, or the contrary assertion inserted in
another journal These two methods OF rectifcation
possess no serious value save when they are made
L nj ctr fha ind ~
the reader when they put on brief, taking form,
when they avoid the warmth Of controversy and the
selves to correcting the erroneous figures or the in
exact fact As previously, you will be good enough
gether with the article by which 1t is called forth.
The duty OF good relations Is the best of de-
fence. 1t compromises neither the dignity of power
nor the independence OF the writer. You will I'M
derstand how to keep up these relations with all
those who shall address themselves Loyalty you.
When essential questions do not divide these
atons may often prove the cause Of voluntary rec
tifcations. In bringing men closer together they
any rate, obtain more justice IN approaching in.
tentions; they may cause private wounds to be
| avoided, and may take from controversy that
aggressive character which sometimes separates
men more widely than the contradiction OF princi-
ciples You win have NJ. lie Project to assist in the
ton OF three new regulations. These refer to the
declaration, to the deposit and to the authorization
Of special printing offices.
The declaration Is TO be made upon stamped
paper IT must precede the publication OF the Jour
nal by at least hiteen days. and must be accompanied
by evidence establishing its sincerity. Article two
| sets forth all that this declaration must contain.
The declaration only gives the right OF publishing
journal 10 those who are at the time French
men and OF full age and In enjoyment of their civil
and political rights The declaration once received
you will deliver receipt to the decarant and YOU
will employ the fifteen days elapsing between the
declaration and the eXpry OF the term fixed for pub
location In verifying the capacity OF the decarant
You Will demand for this purpose bulletin Ne from
the judicial e at the public prosecutors Office in the
decarants original domicile. You Will first commn-
m i'm tha
dence you will have gathered as TO the declarant in
the course OF this examination.
The deposit OF two copies OF the journal, as pre-
scrbed by article shall be made at Paris at the
Ministry OF the Interior. In the departments II must
department, at the subprefecture In the chief town
OF the district, and at the marie for other towns.
One OF these two copies must be sent Immediately by
the prefect the sub-prefec or the mayor to the MIN
istry OF the Interior Departmental Press ofleel. A
similar deposit Is required by the second paragraph
OF article for the Office of the Public Prosecutor. In
towns where there Is tribunal OF first instance this
deposit must lie made at the marie, and the mayor
Office the two copies Of this second deposit You
Will be good enough TO watch that these various de-
posts are made with the greatest regularity. The
liberty is extended the greater the necessity for
the surveillance OF the government
Every manager Of Journal shall be authorized,
when he may request IL. 10 have printing office re-
served exclusively for printing his newspaper. The
Legislature has not yet settled the question OF the
b%t a g t ., X t npa ddne so
ton, the journalists might always be certain OF
having a printer IL promises, hencefOrth, an ai-
thoriZation, and the government would not be able
10 refuse IT, either TO the manager OF the Industrial
Tie literary. or the purely political journal. Further,
this printing once could not he diverted from its
object IL Is created for no other purpose than TO
secure the Tree establishment OF the Journal. II must
ohN print that journal itself anything forming an
essential element Of Its publication, as prospectus,
posters postage bands, subscribers and receipts IL
| cOuld not &c beyond this without encroaching upon
ESTABLISHMENTS now in existence, and whose mono
poly II SUI maintained by law.
Ihis arrangement shows you, NJ. lie Prefet the lib
era lntentiohs anmaling the Emperor's Government
anu ths CORDS eglsatif 10 this matter. If the Legis
atuie nous thal the manager OF journal should al
ways nnd printer Is a logical and legitimate con-
sequence 70 aVor the establishment Of printing
anu pupilsnhg Offices wherever IL might be Justified
by serious needs. Thus, IN making proposals to me
upon TINS point you will have to take into account at
the same time the guarantees candidates must offer
and the degree Oh utility the issue Of privileges
would present In certain localities I confne myself
N. le Prelet, TO these brief explanations. II would
De useless 10 revert 10 te other arrangements OF the
decree OF February H. 1882, which still remain in
vigor and over the execution OF which you have
watched up TO this day. Should the stamp right dis.
appear In some cases, should IL be restricted i'm
others the application OF these ARA ngemen,s comes
especially within the province OF the Minister
OF Finance who will instruct his agents upon this
point.
No change Is imported either into the amount of
the caution money into the rules accompanying
the declarans In position to deposit at the office OF
the Treasurer General Of your department the eau.
| ton money TO which they are subjected, and you
WIZ transmit the receipt Of the payment TO the FL
| nance Minister.
The foreign press cannot be made amcpable TO our