The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-04-17

being inconsistent with their principles in exer-
csing public authority. So late as 1911, Gov
ernor BERKLEY, of Virginia, expressed his
thankfulness that neither free schools nor
printing were introduced into the colony. and
his trust that these breeders of disobedience,
heresy and sects would long be unknown. The
general court of Massachusetts appointed two
persons in October, 1862, licensers of the press
and prohibited the publishing of any books or |
papers which could not be supervised by then," |
and in 1868 the supervisors, having allowed the |
printing Of THOMAS a. kEMPIS de Imitatione |
Christi the court interposed, lit being wrote |
by Popish minister and containing some
things not safe to be infused among the peo- |
ple," and therefore they counseled the licensers
to make more full revisal and ordered the
printing to stop in the meantime.
MIR. TAYLOR says that thes first time the
right and freedom of discussion was ever
defined in written constitution was when.
in 1776, under the recommendations of the
Continental Congress the states established
independent governments under constltu-
tions. in which were restated in diplomatic
forms all of the seminal principles Of the
English constitutional system. In the con-
situations of the following states, which
were adopted during the year 1776, the
SoAA oCALiUlOno VI 1tCOuOh VI SPSSSA
and of the press occur: THAT the liberty
| of the press ought to be inviolably pre-
served" Constitution of Marylard)
''That the freedom of the press is one of
the great bulwarks of liberty and can never
be restrained but by despotic govern
ments." Constitution of Virginia.) THAT
the people have right to freedom OF
speech and of writing and publishing their
sentiments, therefore the freedom of the
press ought not to be restrained" Con
stitution of Pennsylvania
In the federal constitution OF 1887 the subject
was not forgotten. 1t was there proposed that
a clause be inserted in the constitution that
the liberty of the press shall be inviolaby pre-
served" which was negatived by vote of six
states against fve upon the theory that such
provision should only occur in bill OF rights,
and that in q constitution creating a govern
ment OF expressly delegated powers bill Of
rights was unnecessary. But when that view
of the matter was rejected, when many of the
states insisted that the powers of federal gov
eminent should be expressly restrained in that
way, in favor of fundamental rights, MaSsa-
Chusetts, New Hampshire, South Carolina,
, New York and North Carolina sent up to the
first Congress the mass of material out of
which were framed the first ten amendments
finally adopted All, or nearly ALL of the states
proposing amendments submitted some provi-
sion as limitation upon the power Of Congress
10 abridge freedom of discussion; but the first
amendment. in the form in which it now ap-
pears, was the gift of Massachusetts.
Having traced the history of the struggle
for a free press, and shown that the freedom
, was obtained absolutely in the adoption of
the first amendment to the constitution, he
: proceeds to argue that Congress cannot re-
woke it by enactment as it has attempted to
2 do in the anti-lottery law. 1t is a strong
case which he presents, andit will not be
surprising if the supreme court shall decide
that the law is invalid, Congress having nc
power to enact it, inasmuch as the statute
provides for a censorship over the press,
! advertisements being vital part OF news
! paper.