Year: 1863

WEDNESDAY, JUNE II, 1903.


rREErom OF SPEECH AND OF


TEX PRESS.


We hnye no sympathy with those who
assert the absolute and unqualified Free
dom Of Speech, whether they be those
who minister to congregations, in the pull
nit. or address the masses in corner-gro-
ceries. Absolute Freedom Of Speech is no
where enjoyed In society, speech is
always limited by social customs, to vio-
late winch would be to disgrace the
offender. He who should recite certain
odes and satires Of Horace, in the hearing
Of ladies, or who, in the same presence,
should repeat certain standard English
comedies, or should translate all his ex-
pressed thoughts into English yemacular.
would be socially ostracised as an unbear-
able nuisance. Have all men, socially,
Freedom Of Speech?


Freedom of Speech is restrained here
and everywhere by the obligations i'm
posed by the civil law. We, for instance,
happen to believe Of this man and that
that one is a liar and another is no better
than thief. We dare not say so, either
in this journal, in public speech OF in
conversation. Why? We should be
amenable to the law Of libel which takes
no account Of our beliefs, and which i'm
poses smart md wholesome penalties for
the exercise Of the Freedom Of Speech.


, Freedom Of Speech is, then, regulated by
social and conventional customs in time
of peace-iti is curbed, restrained, held in
check. The law, in society, is unwritten;
the law in the body polite is in the statute
book and in the decisions ofthe courts.
We obey, and all men who are socially
honored, and all men who are anxious to
escape legal penalties, obey both laws.
But how in the time Of war? The greater
the danger, the narrower the limitation.
The military Inv is, like the law Of society,
unwutten; but it is none the less q law,
consecratcd BY universal usage and at
times BY imperative necessity; and all men
in the country where it prevails are
amcnable to it. As the civil law puts no
gag in : the mouth Of any man, so the
military law Furnishes no offence in ad-
vance. But as the civil law has penalties,
SO has martial law. That the penalties OF
the former arc either defined in the statute
book or fixed by judge and Jurors;
and thnt those Of the latter depend upon
the will Of commander, make no differ.
cnce- We may not offend either with i'm.
punity. The punishment Of, say, news.
paper, by the first-that is the civil law
would be damages at the heels Of law.
suit; by the second-that is by martial
1aw-by suppression, or by fine and i'm
prisonmcnt of the editor. In either case
freedom Of speech is not prohibited, it i.
: freedom with responsibility to law-1aw
in the one case clearly defined, in the othe,
case, depending upon the exigency Of tht
occasion and the temper Of a General.


To say, then, that, when in society, free
dom Of speech is restrained by the deicacJ
of female ears and that in the intercourse
Of daily life it is held in check by the ciyi
law, it may, in a time Of great nstiona
peril, be exercised by any malignant who
happens to be IN enemy Of his country
and Of its cause, and that he is amenable
to no penalties for, indirectly, urging men
to desert, to become disgusted with their
commanders, or to avoid the murder II
which would be incurred by killing their
country's enemies, is to talk nonsense;
nay, it is to abet the very crimes Of which
the malignants arc guilty.


Wemay and do regret as sincerely and
as profoundly as any Of our countrymen
can, the existence Of this rebellion, now
raging, by which the exercise Of the un-
written martial lam is made possible. It
is terrible thing, even in time Of war,
to be compelled to endure government Of
bayonets; but it is choice Of erils
When the necessity therefor exists, We
must accept it. We do, and with it the
!. mw1itten limitations Of the freedom O
speech and Of the press, OF, rather, with /
due fear Of the penalties which violations
OF the law, bring in its train


We are not responsible for the fact thu
the martial law is new thing to this peo
pie. So is the rebellion. The antidot'
goes with the bane; and, as we have else
where written, We may not, for what /:
passing before our eyes and within the
scope Of our hearing, blame the law By
which new and unheard Of penalties are
imposed upon the dis1oyal Icentiousncss
Of tongue and types, but the infamous re
bc1lion by which thRt martial law is made
anecess1ty. Until it is stifed, we must be
content to accept whatever the altered con
dihons Of the times and the country may
demand as requisite Of national saliva
ton.