The Continental Monthly, Vol. IV. October, 1863, No. IV.

Continental Monthly, Vol. IV.
October, 1863, No. IV., The

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Title: The Continental Monthly, Vol. IV. October, 1863, No. IV.
Devoted to Literature and National Policy.
Author: Various
Release Date: July 18, 2005 [EBook #16323]
Language: English
Character set encoding: ISO-8859-1
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THE
CONTINENTAL MONTHLY:

DEVOTED TO
LITERATURE AND NATIONAL POLICY.
* * * * *
VOL. IV.--OCTOBER, 1863.--No. IV.
* * * * *
CONTENTS
THE FREEDOM OF THE PRESS. THE BROTHERS. UNUTTERED.
WILLIAM LILLY ASTROLOGER. JEFFERSON
DAVIS—REPUDIATION, RECOGNITION, AND SLAVERY.
DIARY OF FRANCES KRASINSKA. MAIDEN'S DREAMING.
THIRTY DAYS WITH THE SEVENTY-FIRST REGIMENT.
REASON, RHYME, AND RHYTHM. TO A MOUSE. CURRENCY
AND THE NATIONAL FINANCES. OCTOBER AFTERNOON IN
THE HIGHLANDS. THE ISLE OF SPRINGS.
CHAPTER III.

CHAPTER IV.
THE RESTORATION OF THE UNION. WAS HE SUCCESSFUL?
CHAPTER IX.

CHAPTER X.
AMERICAN FINANCES AND RESOURCES. VOICELESS
SINGERS. A DETECTIVE'S STORY. LITERARY NOTICES.
CONTENTS.—No. XXIII.

THE FREEDOM OF THE PRESS.
An important discussion has arisen since the commencement of the war,
bearing upon the interests of the American Press. The Government has
seen fit, at various times, through its authorities, civil and military, to
suppress the circulation and even the publication of journals which, in
its judgment, gave aid and comfort to the enemy, either by disloyal
publications in reference to our affairs, or by encouraging and laudatory
statements concerning the enemy. The various papers of the country
have severally censured or commended the course of the Government
in this matter, and the issue between the Press and the Authorities has
been regarded as of a sufficiently serious nature to demand a
convocation of editors to consider the subject; of which convention
Horace Greeley was chairman. A few remarks on the nature of the
liberty of the press and on its relations to the governing powers will not,
therefore, at this time, be inopportune.
Men are apt, at times, in the excitement of political partisanship, to
forget that the freedom of the press is, like all other social liberty,
relative and not absolute; that it is not license to publish whatsoever
they please, but only that which is within certain defined limits
prescribed by the people as the legitimate extent to which expression
through the public prints should be permitted; and that it is because
these limits are regulated by the whole people, for the whole people,
and not by the arbitrary caprice of a single individual or of an
aristocracy, that the press is denominated free. Let it be remembered,
then, as a starting point, that the press is amenable to the people; that it
is controlled and regulated by them, and indebted to them for whatever
measure of freedom it enjoys.
The scope of this liberty is carefully defined by the statutes, as also the
method by which its transgression is to be punished. These enactments
minutely define the nature of an infringement of their provisions, and
point out the various methods of procedure in order to redress private
grievance or to punish public wrong, in such instances. These statutes
emanate from the people, are the expression of their will, and in

consonance with them the action of the executive authorities must
proceed, whenever the civil law is sufficient for the execution of legal
measures.
But there comes a time, in the course of a nation's existence, when the
usual and regular methods of its life are interrupted; when peaceful
systems and civilized adaptations are forced to give place to the ruder
and more peremptory modes of procedure which belong to seasons of
hostile strife. The slow, methodical, oftentimes tedious contrivances of
ordinary law, admirably adapted for periods of national quietude, are
utterly inadequate to the stern and unforeseen contingencies of civil
war. Laws which are commonly sufficient to secure justice and afford
protection, are then comparatively powerless for such ends. The large
measure of liberty of speech and of the press safely accorded when
there is ample time to correct false doctrines and to redress grievances
through common methods, is incompatible with the rigorous
promptitude, energy, celerity, and unity of action necessary to the
preservation of national existence in times of rebellion. If an individual
be suspected of conspiring against his country, at such a time, to leave
him at liberty while the usual processes of law were being undertaken,
would