Year: 1861

oil the press, that /, should lay no preyiOus
restraints on the liberty Of the press; or,
as the Pennsylvania Constitution express
es it. That 'evey citizen may freely
speak, write or print on any subject being
responsible for NE odiSe Of that HJrW' The
81 me principle vas afterwards adopt
ed in the Federal Constitution, and the
section estat fishing it there is to be con-
strued in the sane manner. So that the
liberty Of the press is precisely as stated
by Justice Blackstone, it being free from
all previous restraint, as all other rights
or liberties are, subject to correction for
its abuse"


On this subject shall refer to but one
mere authority, which may serve to mark
out the distinction between those pubfca
tions respecting the government, which
are authorized 10y law and such as are un"
authorized and unrwful. The case OF the
Commonwealth uS. Dennie, reported in
4th Yeates, 267, was an indictment for Ii
bel tried in the Supreme Court Of Penn
sylyania in 1905. quote here so much
of the opinion Of the Court in that case as
is applicable:


"The legislative acts or the acts OF any
branch Of the government, are open to the
public discussion. and every citizen may
freely speak, write or print on any subject,
but is amenabie for the abuse Of that priv
ilege. No alteration is made in the law
as to private men affected by injurious pub
lications, unless the discussion be proper
for public Information. 1t is no infraction Of
law to publish temperate investigations Of
the nature and forms of government. The
enlightened advocates OF Representative re-
publican governments pride themselves in
the reflection, that the more deeply their
system is examined, the more fully will
| the judgment Of honest men be satisfied
that it is the most conducive to the safety
and happiness Of free people, But there
is marked and evident distinction between
such publications and those which are
plainly accompanied with a criminal intent,
deliberately designed to loosen the social
bonds of urion, totally to unhinge tue
minds Of the citizens, and to produce pop
ular discomfort with the exercise Of power
by the constituted authorities. Such wri-
! tings are subVersive Of all order aud gov
ernment. The liberty Of the press consists
in publishing the truth from goat motives
and justfdJE ends, though it reflects oil
governments and magistrates. CrOSsCeWS
Trial, PIP. G3, G.. Such publications add
to the common stock Of freedom, while
the latter insidiously iniects tho pdbllc
mind with "A suLtle noisolI, ana produce
| the most mischieyous and alarming cons
sequences, by their tendency to anarchy,
sedition and civil war. Such conduct Is
punishable by the Constitution. 1t may
be difficult to draw the line of demarka-
! ton III every Instance, but the jury are to
Judge tor themselves on the plain import
of every word without any torceu orstrain-
ed construction of the meaning of the au~
thor or editor, and determine on the cor
rectness of the inuendoes. 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 respCc able author
depreciation of the law, that the govern
ment, by holding its citizens crmnally
responsible for every wilful design to in
teriere with its authority or its plans, in
no respect infringes upon any personal
right. Much excitement prevails in.many
pwts of the country because of the appa-
rent sympathy manifested by certain
newsp papers and public journals with the
rebels, and in some places printing presses
and the contents of printing offices have
been destroyed by resort to violence and
mob rule. This is much to be deplored
on account of the encoura cement 1t affords
to that spirit of riot and insubordi ination
which is exceedingly dangerous in its ten
denotes and rever can be justified 10y any
pretcnce whatever Such proceedings de-
serve the condemnation of all good citi-
zeBs. and we trust the:e may be no repe>
tition of them in future. 1t is sincerely
I TO be hoped that those who have control
of the public press will conduct it so pru-
dently as not to excite angry feelings at a
time when the public mind is extremely
sensitive to every apparent expression 81
disloyalty or orndignity to the government
and moreover, that if there should he al y
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
never sorupled to exert it when occasion
required The right of self preservation
by ali the means within reach in times OF
immin ent peril, belongs to the government
as fully as to an individual, and itisa great
mistake to suppose that in time OF war
government may not remove every oo'ta-
elevhich tends to embarrass or hinder the
success of its military detences, or to weak
ON It's power, moral or physical. Neglect
or hesitation on the part Of those who adj
minister the government to resort to such
measures whenever exigencies arise that
in their opinion require it, would expose
them TO the just Indignation of their con"
stituents, and would prove them to be un-
worthy Of their high trust. During the
revolution, on act was passed in this State,
on the llth February, ,l779, the 4th section
whereof is in these words


"lf any person or persons within this
State shall attempt to convey intelligence
10 The en- mics OF this State or the United
states of America, or By ypuJHcyor deliberate
IN speating or writng against our public defence,
or Shall maliciously and advisedly endeay~
or to excite the people TO resist the gov
ernment of this Commonwealth, or per-
suade them 10 return to dependence upon