, 1881-01-16

truth Of the facts stated ID the publication: buI
down to that time In the English Courts the truth
FURNISHED NO Jusr1B1cA1roS WHATEVER
Thus you sec how recent is this great prfvi-
icoc Ia It's orEgin The history Of the law OF itta
IN this country IL OF the same general character:
nnd the freedom which has been asserted for the
freedom to discuss public men and public meas
ureS. The assertion Of this right hus brought
the press tntQ direct conflict with the Govern
tho press and the Government, ip which great
Leading membcrs'of the Barfgured so houorabIy
and so couspicuously, it WINS the Government
and tho Judges On On one sde ea ana the press and
clearly enough saw that there was no substau-
tin. freedom Of tho prcs5 lit its discussion Of
public men Or measures 7 tney y were IN the opn-
fallibi1jty Of Judgment: and hence there has been
growing up another branch OF tho law Of libel,
sIss ~ rs q a pabe hs s
public matters; tn the actor who appeals to the
public for hts support; to the preacher who In
vtes tne pn,e to s1e e 1ts 3 aeGTmons to the
purchase his pictures; to the public singer, the
public missionary, the public reformcr, the pol
cinsscs Of indvIdunis who submit themselves to
the public for tho Judgment of The public, sub
nit themselves, under the Inv as 1t is now ad-
nljntstcred in Great britain and In many Of the
States In this Union, to public criticism upon
their public professions Aud performances: and
this public criticism and pnblic examination tho
not not with iniallibil:ty Of Judgment, but with in
No Contests have ever been waged between
in M tie m pr press bus cIaimed tho right to nssa pri-
ware character, or to indulge In the circulation
Of private scandals. This, SO far rs NC cnn
Tress, It has never clain,ad as part Of its freeo
dom nor hnye its regularly authorized repre-
rentat,ves ever claimed that much for 1t. The
To-
enjoyed aud used for the public good, and the
public good docs not require assaults upon the
private character or mere private individuals,
nor are any public Interests or morals subseryed
would not be freedom, but license, and license
which would seriously interfere with and
ought to enjoy,-tha security Of life, liberty.
reputation, und property. do not believe thar
even tho press itself fully appreciates in these
busy and hurrylny times bow absolutely essen
tin. to the preservation Of all the best interests
Of the citizen the largest freedom OF the
press In the sense In which ! have ex
wrd So good that IS nota little better BY beins @
watched: no statesman is so pure and lofty thur
he Is not likely TO become still purer ana still
loftier so long as ho feels thAt keen eyes nrc
Dishonest legislators fear this freedom OF the
press, fnr the exercise Of that freedom is tho
inuy be expose1. the quack doctor, tho quack
lawyer, the qunck preacher. the quack artlst,
tho quuck actor, the fraudulent charitable
scheme, the dishonest enterprise of all kinds
under honorable pretense5, look, and naturally
look. to the J.
PRESS AS THEIR NATURAL ESEnY,
and that the press IS thus regarded In those
quarters is the highest compliment which the
press IRE here Tonight ,that venture to sug-
gest in their presence, and to them, Some needed
ieglsl:'tion 90 the law Of libel. 1tcannot be
called radical or extreme for it is substantially
a copy from Lord CamPbeirs net OF. lst5. In
the prosecution Ut its business a great
duly newspaper i1n Ards ,s IT Impossible =:
accuracy which would seem to be necessary
matter seeking admission into its columns, and
hence it occurs, through mere inadvertence, de-
concerning individuals without the slightest
malice or tho slightest Intention Of doing the
injured person any harm whatsoever. It is the
d case no exemplary dama9es should be awarded
against the offending newspaper, and tho act of
Parliament to which refer gives the paper the
privilege OF immediate rotracdou and publIca-
tion Of the circumstances under which the ill.,
jnriops article appeared, and tender Of the
t!ntnages actually sustained BY its publication
The lHw az it now stands Is injurious, bnth to
the Injured person and to the press. There
may be not one word of truth In tho article
published, nor scintilla Of malice In tho pub
Usher. The jury may reach the conclusion that
no damages have been suffered, and return
their verdict for six cants, the result Of
complaining party. Bur under such 4
statute as have named a:*ertiict Of six cents
would be asscomplete udporfeet.as vindicatioc'
suits would not be then Instituted for specu!u-
lire purposes. and the newspaper.cuuld afford
to deal as it always ought to; fairly. Justly and
such ennctments are necessary. rs the law nov
stands tn thls country. The growing necessity
for the fullest and largest discussion ot public
measures and the demand Of the people TO
snow about public men all that they ought to
know. 10 wisely and intehigent1y judge con-
:erning them. renders any return 10 the bud
-eturn possible, the spirit and tendencies Of the
ltntcenth century must both be reversed. The
:reetlpm Of the press has not been easily won:
he fight for it was long and ,bitter. one. And
means not merely the freedom Of the press,
,ut the right of the citizen to be placed in
possession Of such Information as will enable
lin to form an Intelligent opinion con-
erning alt public measures in which he may be |
1t is at the very Foundation of our
ystem Of representative government. 1t is rs
ut 1t suffrage will be failure, for 1t would not
% possible for suffrage to be- Intelligent. No |
natter, then, how mulch may be said about tho |
ONE of continually sounding its praises, we |
1ust not forget TINT fulsome praise of news
apers does not detract from that great privi-
'ge, and privilege which has been achieved at
. great a cost will be, l aEn sure, as carefully |
uartled and as sedllously protected rs It was t
aiiautly fought for and nooly won- fGreat up
LETTERS OF REGRET
or ABSENCE were read from Messrs. Whltelaw
cid Of New York, Mark TWAIN Horace
Ihfte, Col. Taylor Of the Boston Journal, John |
Z. Forncy, George ". Curtis, Charles Dudley
'arner, r. G. Ingersoll, 6tlson Hurchins. VI. F.
torey. J.. B. McCullagh. Samuel Bowles Of
pringne!d- Mass, Oswald Ottendorfer OF New
ork, nnd Thomas B. II. Connery Of New York
1.-THE PRESS AND TIE GoEEESa1EST:
oint Conscrvators Of the Peace" was responded |
, BY the Hon. G. G. Dbnney.
Few victories, he said, had been won in the i
ng struggle for human hbortr involving mor8 i
lr-renchmG and momentous conseQuence4-sE
Inn that which secured the constitutional: Il
laranty Of freedom of speech and of the +
'ess- The ants1gonism between y despottc
I'd intense. The humuu heart loved applause.
did not feed willingly on lhe bitter herbs Of
ensure. Neither King nor President, neither
ardfnnl nor General, desired sharp aud i'm
art1al review Of his Official nets, and submitted
(th grace to accompanying reproof. The ex-
else Of power bred confidence tn the
earts OF rulers, and bcgot IN impa-
sncs OF criticism, especially from un-
'icial sources. Hence there was a natural
clinntion to restrain what those high in |
lthority might deem an understandable freedoms
the discussion Of public affairs But, on the
her hand. tho subjects OF the Government |
Iturntly desired to discuss Its proceedings, |
1nplaln Of greievances, and BuRgest reforms.
'ee thought and free speech we're Of small
'utl without free publication, and to suppress
tblication was to prevent practical results.
'pressive government, whateverita forn, and j
Q public press. In desputie State the Gov
n1neut exercised censorship over the press, /
lic In free country the case was reversef |