Year: 1878

We find in the San Francisco


Chronicle of Saturday the follow


ing resume of Col. Ayers's remark'
on the effort to incorporate into
the new Constitution provisions
inimical to the press. Col. Ayers
was followed by w. III. l.. Barnes
of San Francisco, in a powerful
argument. Col. Ayers said:


The amendment of Mr.. McFar.
land, which was to strike out the
words "and the jury shall have the
right to determine the law and the
fact" He opposed the amendment
because he considered that the
clause was in there for the protec-
tion of honest publishers against
malicious prosecutions and as pro.
lection to the people also, because
1t is safeguard TO the freedom of
the press. He cited the Constitu-
tions of Delaware, Nebraska, New
York, Pennsylvania, South Caro-
lima, Wisconsin and other States,
which contain the same clause.
He considered that there is a vast
difference in the two classes of
crimes. The honest, intelligent
editor, who conducts his paper
from good motives, is obliged to
stand between the people and pub
lie iniquity. "He has frequently
to stand forth,n said the speaker,
"as the champion of the people
against concerted wrongs in high
places. His lance must ever be
poised and his horse must ever be
charging upon high crimes In pub
lie places, If he be honest and fear
less. His responsibility both to
the people and his profession is
great, and certainly his immunity
should be considered as more enti-
tied to respect than any such gen.
try as the gentleman from Sacra-
mento spoke of last evening as cut.
ting purse or stealing COW. A
new element has arisen, which has
been fastening upon the spoils
wrupg from


THE HAND or INDUSTRY.


Millionaires are meeting you in
every place and combining togeth-
er to ride rough-shod over the peo-
pie. Whom will you call upon
then to stand between them and
the people when they have arro-
gated to themselves the right, like
Louis XIV, to be the State? If
you take away from Jour-
nalists the right to face and
break down this power, where
will you seek for a substitute for it?
1 tell you, gentlemen, that without
free press to this country you are
going to be in the tolls, from which
you will not perhaps emerge with.
out bloody revolution" The
speaker went on to show that in
England, in former times, the jury
were only allowed to be the Judge
as to the publication of the libel,
and describes the abuses which
arose, and the final overthrow of
that system by Lord Erskine. The
day might arise, he said, when the
ermine will not be as pure as it is
now, when corporations and mon-
eyed power may oleot their plant
tools to sit upon the bench, and
then, by this proposed change, it
will be easy to strangle the press.
So long, however, as this power re-
mains in the people, so long will
the public press be safe from mali.
ciOus prosecutions, and so long will
the public press be enabled TO deal
fearlessly, honestly and intelli-
gently with the evils that arise In
our government. Otherwise, the
press will be intimidated by having
criminal charges constantly


HANGING OVER 1T,
And men only who are willing to
shut their eyes to public vice and
turn their backs upon the wrongs
of the people will be able to engage
in the profession. II it is desired to
have an honest, fearless and inde-
pendent press, give it this protec-
tion. Speaking of the class of men
who have been engaged in the pro-
fession, he said: "You have had a
galaxy of gentlemen in the profess
sion of journalism who have done
honor to it. You have had your
Gilberts and your Kings, who In
the path of duty faced the bullets
of the assassin. You have had
bright minds and honest hearts to
direct your best newspapers from
the very inception Of the State.
Admit that the right has been
abused, Mr.. Chairman, what boon,
what right, has not been abused?
Must You punish the innocent be-
cause it has been abused? 1 do not
stand here to defend the common
traducer and libeler. l do not stand
here to defend the outrageous
blackmail sheets which exist in
the community, but l stand here to
proclaim the principle that in
your journals, those conducted for
the honest good, you have the pal.
ladium of your liberties, which you
cannot crush out without danger
| to those liberties.n