in a state of insurrection against the of rebel property were made in accord

SUPPRESSION OF NEWSPAPERS.

17

Democratic Standard, at Concord, N.H., in the publication of the speeches of Valthe Democrat, published at Bangor, landigham and Breckinridge; while in Maine; the East Pa. Sentinel; the editorials of much violence, he had adJeffersonian, published at Westchester, vocated and defended the cause of the Pa.; the Stark County Democrat, at rebels." He was then required to cheer Canton, Ohio; the Christian Observer, the flag, and afterwards taken, still riding Philadelphia, and several other religious on the rail, to the residence of one of his newspapers at St. Louis and Louisville, friends at Bradford, after which he was were among the obnoxious sheets. The brought back to town, and placed in front offices were usually mobbed, with more of the Eagle House, where he was comor less violence, and the type thrown pelled to kneel down and repeat in subinto the street. In other cases, the stance this confession and affirmation : suppression was made, as at St. Louis, "I am sorry that I have published what of the War Bulletin and Missourian, by I have, and I promise that I will never military authority, or by United States' again write or publish articles against officers. At Concord shots were fired the North, and in favor of secession, so from the office of the Standard, and two help me God." After this he was consoldiers in the mob were wounded when ducted to his home.** the property of the paper was destroyed. On the 16th of August the Grand Jury The journal, it seems, had given offence of the United States Circuit Court, sitting by its reflections on a militia regiment at New York, presented several newspawhich had returned from the war. In pers, the Journal of Commerce, the one instance the editor in person was News, Day Book, and Freeman's Jourmade the sufferer. At Haverhill, Massa-nal of New York, and the Brooklyn chusetts, on the evening of the 19th Eagle, as "disloyal presses, in the freAugust, Ambrose L. Kimball, the editor quent practice of encouraging the rebels of an obnoxious "secessionist journal," now in arms against the Federal Govthe Essex County Democrat, was vio- ernment, by expressing sympathy and lently removed from his residence by a agreement with them, the duty of accrowd of town's people, who formed a ceding to their demands, and dissatisfaccircle round him in the street, and re- tion with the employment of force to quested him to express regret for what overcome them." The Journal of Comhe had published. Making no reply to merce was denounced "for having pubthis, he was compelled to lay aside every lished a list of newspapers in the Free article of his clothing but his drawers, States opposed to what it calls the preand still refusing to apologise, "he was sent unholy war.' The Grand Jury are completely covered with a coat of tar aware (continued this presentation)' that and feathers, after which, being mounted free governments allow liberty of speech on a rail or pole, was conveyed to Mer- and of the press to their utmost limit, rimack Street, in front of the office but there is, nevertheless, a limit. If a of The Democrat, and directly under person in a fortress, or an army, were to the American flag, behind which, as preach to the soldiers submission to the with a masked battery,' he had bombarded the Government of his country,

*Correspondence of the Boston Traveller, Haverhill, August 20, 1861.

enemy, he would be treated as an ties taken by the correspondent of the offender. Would he be more culpable London Times a reply, as was obthan the citizen, who, in the midst of the served at the time, which might have most formidable conspiracy, and rebel- been extended to the denouncers of those lion, tells the conspirators and rebels home journals which were so unceremothat they are right, encourages them to niously treated by a portion of the pubpersevere in resistance, and condemns lic and the Government. The sharp, the efforts of loyal citizens to overcome and by no means friendly comments of and punish them as an unholy war ?" Mr. Russell, in his letters to The Times, A few days after, on the 22d, an order upon what he proclaimed the disorganfrom Washington to the New York Post-ized condition of the army after the batmaster forbade the forwarding through tle of Bull Run, had, it seems, the effect the mails of any of the newspapers "pre- of irritating "many patriotic and intelsented by the Grand Jury as danger-ligent citizens," who applied by memorial ous." The same day large parcels of the to the Secretary of State, asking the atDaily News for the South and West tention of the Government particularly were seized on their way at the express to what they considered treasonable matoffices at Philadelphia. The result of ter in a certain letter of the correspondthese obstacles was that the papers were ent of the 10th of August, in which he discontinued, or some change of editor- had commented freely on the proposed · ship, or policy was brought about, which system of taxation, the desertion of the placed them more in accordance with troops, and an alleged "schism" between popular opinion, or at least quieted their the regulars and volunteers. These stateopen hostility to the cause undertaken ments were pronounced by the memoby the Government. Generally the ne- rialists untrue, and a design attributed cessities of the times, or the interpreta- to the writer of bringing the credit and tion of that necessity by the authorities, fame of the Government into disrepute allowed little free public discussion of in foreign countries. To this Mr. Seward the policy of the war. It was accepted replied in a public letter or circular as a fact from which there was no es- printed in the newspapers. "It has cape, and with comparatively slight been the habit," said he, "of the Govexceptions, unlimited confidence was ernment of the United States to take no placed, spite of repeated disappoint- notice of representations, however obments in the duration of the war, in the noxious, made by the press of foreign ability and judgment of the Administra- nations, or even injurious utterance made tion. The newspapers which fell under by Ministers or other agents for foreign the discipline of the people, were few in powers in the ordinary transaction of number, and in most cases of compara- their own affairs. The Government, on tively little influence in the formation of the contrary, has hitherto recognized, as public opinion. worthy of its observation, only the lanIn connexion with this subject we may guage and action of the Executive organs introduce the reply of Mr. Seward to the of foreign States. For myself, I confess remonstrance of certain thin-skinned cit- I have not read the publication comizens, who had complained of the liber-plained of, and I am quite sure that it

SECRETARY SEWARD AND THE LONDON "TIMES."

19

has not arrested the attention of any great fundamental truth of our system other member of the Administration, en- than that error of opinion may safely be grossed, as we all necessarily are, with tolerated when reason is left free to urgent public duties and cares. How-combat it." ever erroneous the facts or the inferences There were, during the summer of of the writer may be, they nevertheless 1861, also numerous arrests of individstand on his own individual authority, uals, sometimes of persons of influence, while the whole patriotic press of our who were supposed to be rendering own country is free, and is interested to treasonable service to the rebellion by refute them. The Government of the correspondence with the Confederate United States depends not upon the Government, or exciting hostility to the favor or good will of foreign nations, but war; of others acting as agents or bankupon the just support of the American ers; emissaries on their way to Europe, people. Its credit and its fame seem to down to a humbler class of adventurers, me now, more than ever heretofore, safe who crept stealthily through the North in their keeping. If it be assumed that on some trading scheme to supply the the obnoxious paper may do harm here, necessities of the South. Suspected peris it not a sufficient reply that probably sons were watched by the police in difnot fifty copies of the London Times ever ferent parts of the country, and the cirfind their way to our shores? If it be cumstances reported to Washington. said again, that the obnoxious communi- When the case was thought of sufficient cation has been widely published in the consequence, an order was forwarded United States, it seems to me a sufficient from the Department of State to lodge rejoinder that the censure of a magnani- the accused in Fort Lafayette in New mous Government in that case ought to York harbor, the general receptacle or fall on those of its own citizens who re- place of confinement for political offendproduce the libel, rather than on the ers. As the grounds of these arrests foreigner who writes it exclusively for were seldom made public, while the remote publication. Finally, interference suspension of the privilege of the writ with the press, even in the case of an ex- of habeas corpus precluded any examiisting insurrection, can be justified only nation of the cases before judicial trion the ground of public danger. I do bunals, and no official or other report not see any such danger in the present has been, up to the time at which we case, even if one foreigner does pervert write, made of the cases, it is of course our hospitality to shelter himself in impossible to pronounce any judgment writing injurious publications against us on the necessity or wisdom of these for a foreign press. A hundred other measures. One hundred and seventyforeigners as intelligent, as virtuous, and five prisoners of State were committed as respectable as he is, are daily en- to Fort Lafayette in three months, from rolling themselves in the army of the July to October. Among them were United States, to defend and maintain not a few persons of political and social the Union as the chief hope of humanity eminence, including Charles J. Faulkner, in all countries, and for all ages. Could late Minister of the United States at there be a better illustration of that Paris, James W. Wall of Burlington,

N. J., James G. Berrett, Mayor of
Washington, D. C., Pierce Butler of
Philadelphia, ex-Governor Charles F.
Morehead of Kentucky, George P. Kane
of Baltimore.

justified by his authority. The proceeding was defended by Mr. Edward Everett, who instanced a memorable precedent for his argument. "The governor of Malta," said he, was once censured Some of the more influential and ar- in Parliament for some alleged severity dent of the ladies at Washington, who toward the editor of a journal in that turned their position to account in favor island, and the liberty of the press was of the Southern cause, were also placed declared to be in danger. The Duke of under arrest and kept within the limits Wellington said he was as friendly as of their own houses. "Several interest- anybody to the liberty of the press in ing arrests have been made," says a spe- London, but a free press in the island of cial Washington despatch to the New Malta was as much out of place as it York Tribune, under date of August would be on the quarter-deck of a man25th, "among them that of Mrs. Green-of-war. We suppose the most enthusihow, widow of the former librarian and astic champion of the liberty of the press translator at the State Department, who would hardly think it right to publish a died in California some years since; also journal within the walls of Fort McHenMrs. Philipps, wife of a former member ry, in which the officers of that garrison of Congress from Alabama. Both are should be daily advised to desert, and fashionable women, of a bold type of the men be constantly exhorted to muticharacter, with rebel affinities, and are ny, and whose columns should be filled accused of carrying on treasonable cor- with persistent abuse of the Government respondence, telling the enemy about our and all engaged in its defence. Why forces, fortifications, showing our weak should journals of that description be alpoints, and exaggerating everything in lowed to diffuse their poison within its their favor, and enjoying intimate per- walls amidst the excitable population of sonal and epistolary relations with them. a large city?" This, of course, did not One of these women, who are under pledge Mr. Everett to approval of every guard at their houses, with the family exercise of an authority so delicate in its who refuse to leave them, boasts of her nature, and liable, in the hurry of events, imprisonment, and calls from windows to to injudicious employment. While, unpassers-by, that theirs is a free coun- doubtedly, the force of his argument cantry.' not be denied, yet no lover of liberty will dispute the risk of establishing precedents in a time of war which may be used to the disadvantage of the people by misguided or despotic rulers in periods of less real danger. It is impossible, with the evidence at present before us, to estimate the propriety of all the arrests, seizures, and other extraordinary interruptions by the Government, during this rebellion, of the rights of citizens as

The general principles on which these arrests and other unusual proceedings were justified were, that the country was in a state of war, when the laws made for a state of peace were, from the necessity of the case, properly suspended, and that the President, who assumed and took upon his shoulders the responsibility of these extraordinary acts, was, as Commander-in-Chief, exercising a war power