Year: 1863

| FREEDOM OF SPEECH AND OF THE PREss.-
These are terms scarcely well understood.


Under our Confederate and State Constitutions


they mean neither more nor less than freedom
| from criminal prosecutions before the courts.


and from arbitrary arrests and punishments


by those in power. They mean immunity


from mobs. Freedom of speech was violated


in the arrest and Punishment of Vallandgham


Freedom of the press was violated in the effort


to suppress by military orders the publication


OF the chicago Times. 1t is always violated


when newspaper offices are assailed and de-
stroyed by mobs


But 1T is false notion of freedom--that


which assumes that public men or editors


have the right to utter any sentiments, or pro-
mulgate any opinions, however destructive to
our government, or otherwise dangerous to the


honor and welI-being of society, without criti-
cism or censure. They are not free from pub
lie reprobation, nor from the punishment of
| public distrust, and the withdrawal of support
| and patr mage. DIR. johnson once said that
| he had objection to the freedom of speech,
4
lowed TO go with it. We must admit that the
eudgel is never the most proper remedy for
any injury; but in all cases where it nav be
| supposed to be so, the public man, whether lie
be statesman editor, orator or pamphleteer,
is just as fairly ameuable as any other in'ii,
vidusl, and more richly deserves it indeed, from
the greater injury he does by the wide publi-
city of his declarations.


We SHOULD net be misled by false and exag-
gerated notions of this freedom. We have the
right, for instance, free fri arrest punish
ment, to criticse and comment upon the action
of the President the State authorities and all
military commanders, from the highest to the
lowest. 1t does not follow we are obliged to
exercise this right because we can 1t is bv
no means public duty for orator and editors
to convert themselves INTO a set of marrlots.
and disturb the community by their cll-aors-
because all is not to their taste. This freedom
is abused when it is exercised in such man
ner as to produce discord in any crisis of our
affairs, and bring upon us greater dangers than
could result from a temporary endurance of
the evils which it is intended TO remove A
plain good sense is the best guide in this, a.
in all other cases of discretion. The people
should certainly be kept advised of their con-
stitutional rights. But the modes of redress
are various; and in all times of dan ger from
external sources, it is far better to endure
temporary infringements when endurable. :han
70 oil Nv RI
Nay more. 1t is sometimes the best to en-
courage and applaud actions which at other
times should commend the actors to disgrace
and ignoimry. Who would now sickle for
strict adherence to our laws the part OF
Gen Smith, when we are cut off from the
body of our country, and when it is so neces
sary that by every means our fragment of the
Confederacy should weather the portion of the
storm which falls west of the Mississippi? All
are free to attack him. No law can punish
them. No arbitrary act can restrain them.
But who would count them wise or patriotic:


On the other hand, our sacred regard for
this freedom should not cause ns to lose sight
of the dangers which its abuse may bring upon





mate means of restraining it and destroying
the evil influences which foolish or bad men
may wish TO exert under its sanction. Whilst
we would not arrest ner mob, and whilst We
cannot advise the cudgel, we may condemn,
and bring to bear upon all such the force of
outraged public opinion. We may Withdraw
patronage and favor We MAJ in proper cases
loathe and despise, and give loud expressions
to our contempt. All this is perfectly compa-
tible with freedom of speech and the press. 1t
is equally the duty of patriots to do this, as
well as to maintain the other We clothe this
freedom with undue sancrity when We stand
mute before it, and allow misguided and per-
nicious men to propagate doctrines which may
encourage the bad and mislead the unwary,
and thus bring a common des tructon upon u.
ALL


These remarks, applicable TO all cases of the
public exercise of the freedom of speech and
the press, have been specially suggested by
paragraph in the New York Times 1t reports
the Raleigh Standard as having come out
openly in favor Of the Reconstruction of the
Union. We are shocked at the thought of this
baseness. We are 10th to believe ID But. if
true, it becomes question with all Southern
men to determine in time what course to pur
sue towards such public orators and journals
a. dare openly to advise or covertly to insinu-
ate. a course of conduct so disgraceful and
humiliating to the South.


Certainly they have the right to entertain
and express their opinions Whilst we have
less respect for such men than for the open
and daring traitors, they, we confess, do not
commit treason. They are in lower depth.
They are lost to pride even. the redeemng
quality which elevates even Miton's Satan
into hero.


But they are protected by our constitution
and by great principles of freedom which we
should never lose sight of, from arrest and
punishment Mobbing them will only aggra-
vate the evil. Silent contempt leaves them
free to continue shining the community with
their odious doctrines. Open discussion gives
dignity to their position.


Nothing is left for such false and cowarily
citizens-such unworthy cons of the South, but
dctipe contempt in every conceivable and legi-
mate manner, by which their influence may be