The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-17
Dangerous Assault by tho senate ON
tho Freedom OF tho Press.

The proceedings of the Senate published
yesterday report the passage by that body Of
bill which is fitted to arouse and alarm the
gress in many years. The bill in question is
crafty and insidious. and does not wear its
full meaning on its face, but in purpose and
intent it is deadly thrust at the freedom of
the American press 1t relates to the serving
Of process and the place of trial in civil suits
brought in the Courts of the United States
1t provides that when any corporation, bust
ness firm or individual has an agent in any
State, Territory or District, notice of suit
may be served on that agent and the trial may
take place in the District where the agent is
found. This would work great hardship in
other cases than libel, since, under its opera
ton, o business firm in New York, having
travelling agent or runner in San Francisco,
would be liable to go with their witnesses to
the Pacific coast to maintain their defence
But it was not cases of this kind
which the authors of the bill had
in contemplation. It was framed
with reference to the newspaper press
All the leading newspapers main
tain correspondents or agents in Washing
ton, and the real object of the bill is
to facilitate libel suits against public journals
and compel them to make their defence in Q
Washington Court before a Washington jury.
Senator Bayard offered, as o very proper
amendment, the exception of cases of libel
and SANDER from its operation. But such an
pay,fu hov tako ant he nit of
the BILL and it was voted down by o
large majority It is proper. before
this bill is acted on by the House,
that the public sense of its character
should be expressed in language SO un-
equivocal as to leave no doubt OF the repro
baton with which it will be regarded by the
country.
While we regard the liberty of the press
as the most solid guarantee of political rights
we will never defend its RIGHTEOUSNESS. When
wanton and Hbellous journal makes unjust
attacks on reputation it is right that it should
be held responsible in exemplary legal
damages but the press, as well as the COM
plainant, is entitled to fair trial by an i'm
partial tribunal, and no justice could be
expected from Washington Court by de-.
PENDANT in libel suit brought by an incul-
pated officer of the government Every jury
would be summoned by an officer deriving
his appointment from the President, even
if the Marshal of the District should perform
his duty fairly, which is hardly to be expected
in suits where the authority which can deprive
him of his Office is interested. Washington is
the last place where fair trial could be ex-
pected in any case in which the federal officers
might wish to make an example of an assailant
The people OF the national Capital subsist upon
the government. The presence Of the govern
ment is the only reason why there is a city
there at all. A majority of its citizens quail
fed for jury duty are either employees of the
government, removable at will, or shopkeepers
and mechanics, whose best customers are in
some way connected with the government
There is little necessity for the federal marshal
to pack juries in such community Citizens
subject to jury duty are already under so strong
o bias that no defendant in q suit for libelling
government officers would have any chance Of
justice. The defendant, being a stranger
whom the jurors would never meet
again after the trial, might be Heeced and
mulcted in any amount of unreasonable dam
ages without any apprehension that he could
sooner or later get even with the jurors as
member of the same community. Having once
feeced him they need never expect to encoun-
ter him again, whereas his prosecutors, on
whom the jury depend for their daily bread,
are the most influential part of their own
neighbors, whose good will they have every
motive to conciliate. If the Senate bill should
become law the editor of every newspaper
in the United States who shall hereafter ex-
pose and comment on rascalities like those per-
petrated by the infamous Washington Ring
will be liable to trial before Washington jury,
and subject to such heavy damages as the pol
luted atmosphere Of the federal capital might
embolden servile jury composed of depart
ment clerks to award. If such bill accom-
plished its purpose every newspaper in the
land would speak with bated BREATH" and
never dare to make righteous exposure of the
swindling rascalities which might be discov-
cred under the protecting shadow Of the Cap
itol.
Nothing could be more shrewdly contrived
for smoothing the advent of Cesarism than
law like this intended to shield the officers of
the government from public criticism. Cesar
ism will make its approach by guarded and
stealthy steps, and if its designs can be
screened by silencing vigilant press the
country may be saddled and mounted by its
future rider before it is fully aware of the
change. There has never been period when
such on attempt to gag and intimidate an out
spoken press would have been so dangerous
as when large portion of our citizens believe
that the President is scheming for third
term. To overcome the press Of the country
10 a natural nrenaration for CHSarism Free