The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-07-18

nupS, u Tcl1luueTdtlNe support anu clTCu-
lation amid the slums and purlieus of
society, as some of the most disreputable
of periodicals are not ne,ospdpers-
now do. The danger from an unbridled
press is SO infnitesimal that it may be dis
missed from consideration, as we can trust
the people and courts TO remedy any such
difficulty.
There was deeper principle Involved In
this matter of the alleged libel of the Sun,
which If 1t had been allowed to take It's
course would have completely muzzled the
press. Instead of free press, which we
now boast of, we should be cursed with
fettered press, and the beginning of the
end of our boosted liberty would have been
inauguratcd. A just judge has warded off
the imminent danger. For his alleged libel
Charles A. Dana was indicted by the police
court of the city of Washington, terrific
rial court and, in effect, an United States
court, as ii derived its existence and entire
authority from Congress. We need not
stop to discuss the question whether, under
the constitution and laws of the United
States, there is any such crime Us libel. 1t
may or may not be true that such crime
is not recognized, but is only the creature
of state laws, but this makes no difference.
Dana published his alleged libel in New
York. and was indicted in the District of
Columbia An Indictment without the
custody of the person would, of course,
amount to nothing, and here the high hand
cd proceedings, the dangerous usurpation
begins. Armed with the indictment and a
warrant issued by the police court of
Washington United States ofilcers-al
territorial officers being merely officials of
the United States, appear in New York
city and demand, at the hands of Commits
soner Davenport, the removal of Dana
from the sovereign state of New York to
the District of Columbia, to he there tried
for an alleged crime which, if committed at
all. was committed in New York. Daven-
port was only too willing to aid in this out
rage upon the rights of the people and
press and the violation of the sovereignty
of New York. but Judge BlatChford was
appealed to, and his decision, rendered
Tuesday, has nipped the proceeding in the
bud, and saved the liberties of the people
from one insidious attack, by deciding that
it would be unconstitutional to send
Charles A. Dana to Washington for trial.
The effect of this decision is of more
momentous importance to the press of the
United States than would seem at the first
glance, if it goes to the extent it undoubt-
edly does. What would have been the eff
feet of an opposite decision, if it had been
sustained by the court of last resort, and
thus become the well settled law of the
land Prior to the time when, by suitable
legislation, it became easy to apprehend an
escaped criminal and return him for trial
to the place where the crime was commit
ted, it was jndicially determined that one
committing a larceny in one state and es-
Gaping into another with his plumber was
guilty of the crime there, also, as he was
constantly committing the crime of larceny
SO long as the property remained in his
| DOoStsSlOli. II W as u slthlidi
odious doctrine that was sought to be ex-
tended to the law of libel. 1t was to he
considered and determined publication
thereof in every state or territory where
the newspaper might circulate. A Vermont
editor could be dragged to Oregon for trial
and after receiving such verdict as stran-
gers might there award, he would be still
liable to Indictment, trial and conviction in
other states. The publishing and uttering
of libelous matter must concur with the
writing or printing, in order to constitute
the crime, and the principle attempted to
be established in the case of the Sun, and
court of Washington and Mr.. Commission
er Davenport, would have placed every
newspaper in the country at the mercy of
swindlers, defaulters, corrupt officials and
debauchers of the public morality, because
it could have been dragged to any part of
the Union for trial. Power, wealth and
determined rascallty, combined. might, I'M
der such laws so administered, have broken
down the most influential press, and where
would have been the remedy The letters
would have been well fitted ere the people
scented the danger, for there would have
been no free press to sound the alarm.
Judge Blatchford, however. by his upright,
legal course has warded off the danger and
prevented the consummation of the outrage.