Year: 1863




subject like all others to it's provisions
) and bound by his allegiance to it p


Has he, can he, have the power to sus


pend that provision of the organic law


at his pleasure, and enact law at li;
arbitrary will, which even Congress can


not do, to suppress liberty of speech


and the press This is incredible and
impossible go long as tho constitution
stands. 1t would be indeed most ex
traord;nary in country like this lin a
condition such as this State is in--loyal
beyond question of doubt where the
courts are everywhere open-their de.
1 liberations conducted in perfect peace
and quiet, and their decroes and .udg,
ments executed with ease and without
the sign Of any disturbance-where the
reign of civil law is absolute and su.
preme-where no man lifts hand to
disturb, but all bow with submission to
its sway. 1t may be admitted that the
press is sometimes violent. 1t may be
admitted that il sometimes goes beyond
the bounds of true liberty and runs
into license. But if so, it is for the law.
making power to define the boundaries
of its liberty and to prescribe the pen.
alties that shall DO visited upon it for
overstepping these boundaries. Con
gress has, and if necessary, should OK.
ercise this power. 1t cannot, indeed,
establish censorship Of the press. 1t
cannot prevent tho publication of arti-
cles or criticisms or commentaries upon
the government, its officers, or any other
snbihct. 1t may, however, as / will by
and,by show, define the boundaries be.
tween tie Liberty and license of tho
press, and allix penalties and severe
punishment for going beyond the one
and running into the other.


1t is in this state of things and Of tho
law, with the courts all open, tho peo-
pie all quiet, in State where within it's
own limits there is profound peace, that
a man is found dressed with the brief
authority of Major General, who, a
short time since, was clerk in one Of
tho offices in this city, never distin
guished for any great wisdom or sound
ness of mind, but who now resolves by
military order to assume the censor
ship of the presto try, condemn and
execute its conductors without inter
vention Of court and jury, and without
a hearing cven-to suspend the power
of the constitution and the laws--to
take citizen from under their protec.
ton. and thus arbitrarily. with the
weight of his iron hand, destroy his bus
mess and crush him TO tho earth. If
he may do it with that man today, he
may do it with another tomorrow, and
none may be safe. In the progress Of
events, the examples now set, tho prec-
cdents now made, when other men
more ambitious than those in power fill
the civil and military places of the coun.
try, we may be compelled to undergo
the fate of the ancient republics--that
of the Romans, for example, where
usurpcrs saw they could not safely hold
their places until the brave and loyal
outspoken were placed out of the way,
and where the prescription and death
of such always followed the act of
usurped authority. Antony and Octa-
vius never felt that their grasp upon the
liberties Of the country was sure until
Cicero's tongue was silenced in death


If now, those who are in power, tho
Of undoubtcd honesty of purpose and
patriotism, shall establish precedents
like these, Cor tho time being disregard
any provision of the constitution which
may discommode them, and let force
take the place Of law, the right of free
speech and Of a free press be destroyed,
all criticism of their conduct and action
be suppressed, then by and by ambi.
tious, selfish and unprincipled men may,
avai!ing themselves of the precodcnts
thus established, in times of evil com
motion, lead the people blindGolded and
willingly to submit to slavery, and tho
freedom of the country and consttu.
tional rights may be brought to an end
in the establishment of despotic power.
The perfect freedom of the press and of
speech is the only possible safeguard
against this result. Even this may fail,
but it is certain that if this fails nothing
else can avail to save us from the doom
of all past republican governments,


/ think tho best illustration of the
truth of this position is afforded by the
very rebellion itself. Over the whole
section Of the country, viz : the slave.
holding section, tho liberty of speech
upon one subject has always been sup.
pressed by a power above law and more
powerful than law-that is the influence
of Shareholders. No man in those
States has been permitted to raise his
voice to discuss the questions connected
with that institution, or the relation
which it sustained to the government
and the world. Error and falsehood
have been permitted to circulate while
reason and truth have been chained.--
The people, listening to arguments on
one side only, have been brought to be.
lieve, and honestly, too, not only IN the
righteousness of slavery itself, but also
that the government in tho regular ex.
ercisc of its power in tho hands of the
republican party, was intending to do.
stroy that institution and tho States
where it prevailed. They have been
given over to believe lie, simply and
only because freedom Of speech and the
press on one subjeot-a vital one, had