Year: 1861

sion be proper for public Information. 1t is no


lnfraction OF law to publish temperate inves-
legations, of the nature and forms of govern


ment The enlightened advocates of represen-
| ttoe republican governments pride themselves


IN the reflections, that the more deeply their
| system is examined, the more fully will the


Judgments of honest men be satisfied that it


is the most conducive to the safety and hap
| piness OF a free people. But there is mark


ed and evident distinction between such pub


llcatlons and those which are plainly accom-
! panied with a criminal intent, deliberately de-
designed to loosen the social bonds of union,
| totally to unhinge the minds of the citizens,


and to produce popular discomfort with the
| exercise OF power by the constituted authori-
| ties. Such writings are subverslve of all Or
] der and government. The liberty of the press
| consists in publishing the truth from good mo-
| tires and justifabie ends, though it reflects on
| governments and magistrates, Cross,relPs Trial
| PIP. 63, 64. Such publications add to the
common stock of freedom, while the latter in
sldlously infect the public mind with subtle
poison, and produce the most mischievous
and alarming consequences, by their anarchy,
sedition and civil war. Such conduct is pun
| ishable by the Constitution. 1t may be diff


cult to draw the line of demarcation in every


instance, but the jury are to judge for them
selves on the plain import OF every word with
out any forced or strained construction of the


meaning of the author or editor, and deter





To every word they will assign its sense, and
collect the true intention from the context.'
1t is evident from these quotations, which
are from highly respectable authority and


should be accepted as sound Interpretation


of the law, that the government by holding


its citizens crlminally responsible for every


wilful design to interfere with its authority or


its plans, in no respect infringes upon any


personal right. Much excitement prevails in


many parts OF the country because of the ap-


parent sympathy manifested by certain news


papers and public journals with the rebels,


and in some places printing presses and the


contents OF printing offices have been destroy


ed by a resort to violence and mob rule.


This is much to be deplored on account of the


encouragement it affords to that spirit of riot


and insubordination which is exceedingly dam


gerous in its tendencies and never can be JUS


titled on any preteXt whatever. Such pro-


ceedings deserve the condemnation of all


good citizens, and we trust there may be no


repetition of them in future. 1t is sincerely


to be hoped that those who have control of


the public press, will conduct it so prudently


as not to excite angry feelings at time when


the public mind is extremely sensitive to every


apparent expression of disoyaty or indignity
to the government-and moreover, that if
there should be any abuse of the liberty of
the press, resort will be had to legal authority,
and not to the power of an excited mob.
There is no necessity for resort to violence;
the government has ample power to correct
such evils, and in such times as these has nev-
er scrupled to exert it when occasion requir-
ed. The right of self preservation by all the
means within reach in times of imminent per-
il, belongs to the government as fully as to
an individual, and it is a great mistake to
suppose that in time of war a government
may not remove every obstacle which tends
to embarrass or hinder the success of it's mill
tary defences, or to weaken its power moral
nr Ynhu Sinal not
part of those who administer the government
to resort to such measures, whenever exigen-
cies arise that in their opinion require if,
would expose them to the Just Indignation
OF their constituents, and would prove them
to be unworthy of their high trust. During
the revolution, an Act was passed in this
State, on the 18th Feb. 1879, the 4th section
whereof is in these words: elf any person or
persons within this State shall attempt to con-
vey intelligence to the enemies of this State,
or the United States of America, or bv public
ty or deliberately speaking or ,criting against
our public defence, or shall maliciously and ad- |
visedly endeavor to excite the people to resist
the government of this Commonwealth, or
persuade them to return to dependence upon
the crown of Great Britain, or shall malicious |
ly and advisedly terrify or discourage the peo- |
pie from enlisting in the service OF the Com |
monwealth, or shall stir up, excite or raise tu-
mults, disorders or Instructions in the States |
y,
pose and endeavOr to prevent the measures |
carrying on in support of the freedom and in |
dependence of the said United States; every |
such person being thereof legally convicted |
by the evidence of two or more credible wit
nesses, in any Court of General Quarter Ses-
sions, shall be adjudged guilty of misprison of
Treason and shall suffer Imprisonment during
the present war, and forfeit to the Common
wealth one half of his or her lands and teue-
ments, goods and chatels.''


This act having been passed for Temporal
purpose, expired by its own limitation at the
close of the war.


We notice that several of the newspapers
published in New York and elsewhere, which
have rendered themselves obnoxious to the
people because OF their alleged secession pro-
cllvitles, have been brought to the notice of
proper courts, and We may therefore expect
before long, we shall be favored with an opin-
ion on this subject from the Circuit Court of
the United States. And the newspapers re-
port that the press, type and fixtures of a
printing office in Philadelphia. which was al
legged to be advocating the right of secession
was seized by the Marshal of the Eastern Dis
trict day or two ago. This looks though
the government had determined to trifle no Ion
ger with those who disregard its rights or bid
defiance to its authority. We should rejoice at
every Indication of vigor and strength in our
government proceeding from proper and pru-
lent exercise of its power in the suppression of
The rebellion and of anything that affords it aid.


We have hitherto been speaking of class
of offences which lie beyond our jurisdiction.
Each State possesses the right however to
pass laws regulating the conduct OF its own
citizens. The Legislature of Pennsylvania at
It's last regular session, passed an act to which
It is our duty TO direct your attention, The
irst section provides, ssthat if any person or
persons belonging to or residing within this
State, and under the protection of its laws,