Year: 1863

JOY,


For the Preliminary application Of III,
Chicago Times TOR an Injunction a.
| tie United States Court.


The case presents simply the one
fact of Major General Of the army oi
the United States making an order, in
the State of Ohio, and sending it to be
executed here, which shall destroy the
business of citizen OF Chicago which
shall destroy his business, and his means
of obtaining livelihood, without rem
edy; which shall destroy it by force,
without giving him chance to be
heard, without allowing him, to excuse
himself in any manner or form; by a
tribunal from which he has no right OF
appeal, and to whose judgment, execu-
ted by force, he must submit, no mat.
ter what the amount Of ruin, no matter
how great the injury. Ho was the edi.
tor of newspaper, publishing, as he
claims, such facts and such comments
upon facts and upon public officers as
he was entitled to publish rightfully
under the constitution and the laws.


l will state, before / go along any
farther, that have no sympathy what
ever, with the political opinions of the
complainants, either in their politics or
their editorial policy as editors of that
paper. / will also state l have but one
great and absorbing anxiety with re-
gard to public affairs, and that is to see
this rebellion suppressed 10y the force
and power of our armies to see the
constitution and laws re established
over the broad extent of what was once
this happy country. This is my most
earnest feeling, and the only anxious
feeling | have with regard to this coun-
try. Anything, then, which has ten.
dency in any way to obstruct the gov
crnment, to discourage or dispirit the
people and the army; anything which
in any manner or form shall tend to
prevent the prosecution of this war
with the utmost vigor, docs not meet
with any sympathy from me. / come
here with no feelings of sympathy for
these compliments; my feelings are all
averso to them, both as politicians and
editors


do not think their policy was a wise
or a good one come into this court
politically their enemy, and to promote
no political end of theirs. But / come
to claim at the hands Of this court pro.
lection for a clear, and, as | take it,
firmly established constitutional right,
important to my clients to be sure, but
no more important to them than TO
every citizen and to the whole country.
for the interests Of all are involved. |
can hardly express the feelings with
which | come before the court on an
occasion like this, and 10 discuss ques.
tions which arise in this case. Is it
simply to protect property No prop
erty is the slightest consideration con.
connected with this question. Is it
to protect individual rights of lib.
ertyY Mol They sink into insignif-
cance, compared with the question be.
fore the court. What is it, your Hon
ors, which has engaged tho English
mind ever since the art of printing was
invented, and which has been the great
subject of controversy between the
governments of the old country and the
people? 1t is the liberty of the press.
of speech. The right to discuss freely
all public affairs and the acts of all pub
lie interests. The right lies at the base
of all civil and religious liberty.


AS soon as the art of printing was
discovered, tho government of the old
world took possession of the rress.-
No book could emanato from it without
license. No criticism or commentary
on public aflairs-even tho circulation
Of the Bible was restrained by law.
Everywhere FREQ thought was prohibi.
ted. In England. it was only after
great struggles and great calamities that
the freedom of the press obtained
ioothold, and it was not until the last
revolution, which placed William upon
the throne, that it attained to the dig
nifty of constitutional right. The
struggle had been long between the
people and tho Sovereign and the priv
ileged classes, but ultimately the FREQ
dom of the press and of speech had
como TO be considered right-a right
never again to be trcnchcd upon or VIC.
lated by the govornment-a right of the
people, valuable to all interests. The
minds of men were at liberty to think
and publish their thoughts, and with
this right, and in consequence Of it, the
government has become sable, and al.
most beyond the reach of dauger-and
for near two hundred years no Minister
or Sovereign has dared or thought Of
daring to restrain or lay his hand of
power on this great right of free speech
and free press.


1t is the first amendment of the con.
stitution which protects and secures the
right which is assailed and broken down
by the order of Gen. Burnside. The
amendment runs thus:


Congress shall make no law respec.
ting an establishment of religion, nor
prohibiting the free exercise thereof; or
obrdge the freedom of speech or Of the
press; OF tho right of tho people peace
ably to assemble and petition govern.
ment for redress of grievances


This language is very plain, certainly.
What does it signify Docs it secure
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