The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-09-27

structive publication according TO which
an editor is to be responsible wherever his
paper Is sent TO subscriber, so that he
may be compelled 10 answer for the same
act i'm n thousand different places at once.
while every other class OF citizens answer
for their acts only in one place, however
far reaching the consequences.
If correspondent Of TIiE SUE being in
Milwaukee, should there write and pub
lish an article injurious to public official,
or TO any other citizen. IL would be in nc
| cordnnce with Justice that his response
bilty should be enforced i'm Wisconsin,
where his act is performed; but rs for the
editor Of THE Sun, who publishes in New
York, his responsibility ought 10 be limit
ed to New York, just NJ every other kind
of citizen acting in New York is only re-
sponsible there for the consequences of his
acts. But lot Us Illustrate our doctrine
little.
Not long since the Tribune published
with great elaboration aud defiant reitera-
ton against Mr.. CARPENTER himself
charge of extraordinary acts of adultery
said to have been committed I'm the state
Of New jersey. The Senator dcuied the
accusation and denounced the accuser;
but though loudly challenged to seek
legal remedy, he declined TO take that
course. THIS shows that in his own case he
did not deem it advisable TO look for re-
dress through suit for damages or an in
dctment; yet he had Il perfect right to do
so, aud, unless the Tribune had been able
TO prove its charge, he might certainly
have recovered a handsome verdict In the
courts of New York. Now, in those courts
alone, according to our opinion, could
lie have found u rightful tribunal be-
fore which TO ariaign the hostile newspa-
per- yet, had his eleventh section been en-
acted, he might have brought his suit in
Washington by serving his process on tho
correspondent there, ami hc could there
have prosecuted il with all the enormous
advantages of his own Official power and
that Of the Administration to operate in
his favor. This we say would have been
an unjust ana pernicious conclusion, even
though Mr.. CARPENTER might thereby
have punished an alleged libelier and re-
paired his own injured fame.
The questions our correspondent puts TO
us, tiinisy AS they are, are perfectly square,
let us do him the justice to say It; yet we
must add that they are surprisingly absurd
In one very irportan: particular. He is
an eminent lawyer, often called upon 20
expound the Constitution, yet he strangely
ovcrlooks the fact that there exists in the
legislation Of every free country, and
above all in the United States, "A strong
sense that there Is q special necessity
10 .f.ff mo- a Of
respects public officials Of every sort md
grade. II is this protection which ron
dered it possible for the Ncic l'or. Times
to attack TWEED when he seemed omnipo-
tent. and TO destroy him, his confvaeTates,
aud his system, by the exposure Of their
frauds and robberies. II Il this protection
which has shielded TIE SUS in laying it's
hand boldly upon the massive supports of
Republican villainy, ana in contributing
to the great and wholesome work OF
oycrturning and scattering that immense
organization OF Official corruption and
national plumber. The stronghold OF this
protection is III the Constitution of the
United states. Congress- snys that ven
cradle instrument, "shall make no law
ahridrinG the freedom of speech or Of the
press" This ia the rock we stand on.
The fathers knew how essential TO the
preservation Of free institutions Is the
Jealous maintenance of the liberty of
printing, and they set up this provision as
its sure bulwark and perpetual defence.
We testify with pleasure that sir. CAR
PEWTER has already gained much IN square,
ness; and now If he will earnestly study
this remarkable part of the fundamental
law, and with n patriotic heart and an
open mind penetrate to its very spirit, lie
may gain even more in knowledge of the
CONSTITUTION aud OF the immortal prinei-
pies of republican government.