ilege, shall thereby appropriate it to themselves, and screen a villain from the consequence of his libel ?” The judge said that although by the law of Parliament newspapers were passed through the country under the frank of members without paying postage, that privilege did not give them the right to make use of a newspaper as a libel. He uses the strong expression : “ God forbid that Parliament should afford such a pretext fordoing wrong.” I say the same thing now. Will you tell me that a member rising here and handing a speech, to the reporter, and telling him to print it, conn s within the purview of the Constitution? [las he uttered words in debate? Will you tell me that a member who has made a speech i of five sentences may append to it a newspaper [ like the Tribune, which has libeled me, and has ; the right to send through the post offie.es of this Government , and have folded by the persons employed in the folding-room at the public expense, into my daughter's parlor, that which would cost him his life if he told it to me? Has it come to this, that a Senator upon this floor can claim such an extensive privilege, under the law of Parliament, that he can semi off, by the twenty thousand, speeches to England and to the four corners of the globe, where l am not known,and then claim protection upon the ground that he has a privilege j which precludes him from being questioned else- ■ where for words spoken in debate? The liberty of speech and of the press is the great conservative element of a Republic; it is to the political, what fire is to the material world, a subservient and abluent minister, when under the eontrql of prudence and intelligence; but, when unchecked and unregulated, a consuming foe, withering and blasting everything along its pathway of ruin. Render freedom of speech tributary to the proprieties, decencies, and restraints of'social life, and you may crown it with all the ministries a nd supremacies of intcllectand liberty, but-release it from them, and it becomes a blind and maddened giant of evil, tearing down the bulwarks of social order, and desecrating the very sanctuary of republican liberty. What | would you think of a reckless man who should I set fire to his own house, or should go about H claiming t he privilege of throwing his fire where-[ ever he.couid among the most combustible ma- !■ tcrials, and say he bad the right to do so, on it the ground that he was a freeman, and could do ; as he pleased. Away with such liberty!- Liberty that is worth anything must be in-the harness of the law. Liberty of speech and liberty of the press must have two restraints. The first is the highest, which will always govern a class of men who cannot violate it- decency, and justice. •the obligations of honor, Another restraint upon licentiousness is that a man may publish and H as arc to be found in any part of the globe, speak what he pleases wdh a knowledge that !' his constituent. But. more than that, he has worn he is amenable to the tribunals of the law for jI the epaulet and the sword: he Ims marched under what lie lias done. Congress cannot pass any jI the Palmetto banner, and his countrymen hava Statute to say that men shall lint write against I [ awan.ed to him a sword for his good conduct in religion, or agniiist the Government, or against ![ the war with Mexico. That sword was m som^ p criminal recklessness, with a licentious indiflbr- ence to the feelings of individuals and the consequences upon society. 1 do not wish to live in ■ any community where it is otherwise. i The press is losing its power, and it ought to ' lose it; for it is now beginning to be an engine ] of private revenge, and’ individual expression, . instead of being a responsible organ of public, | opinion. Suppose I were to go to New York, | and indict one of the editors there whom I could j name, for the most atrocious libel that has ever i been uttered upon the South. I will not name i the editor, but he has uttered a sentiment akin to i one which has been expressed by the Senator [from Massachusetts. 1 saw in a New York 'paper—1 have alluded to it heretofore— a state- , ment that the southern States are too feeble and weak to take any part in a war—that all they can do is to take charge of their negroes! It said that if a war should take place between England and the United States, the English fleet would only have to go to the capes of the Chesapeake, and the effeminate masters would be kept at homa. Fifty thousand slaves, inured to toil, could be mustered.into service, and they would have the power to put their masters to the sword; and when the declaration of peace should come, the result would be the freedom of the slaves and the proscription of the masters! Suppose I should go into the community where this libel was uttered, and indict a man for such a sentiment us this, what would be the consequence in the present state of public opinion ? It is idlp, worse than idle, to talk about that as a remedy. Liberty of the press! Sir, that man has franked twenty thousand of his speech^; and some o them, if I am not misinformed, were printed long before'it was delivered. To bring him within tlte privileges of parliament is a mockery—a perfect mockery. Now, Mr. President, I approach another most painful part of this case, and l.come to it in no bad temper; for, God knows, if my heart could be read, there is no one who would sooner than myself have averted the state of things which now exists,if I could, consistently with myhonoy and the honor of the gentleman to whom I shall allude. The resolutions of Massachusetts undertook, before any evidence was heard, to pronounce sentence on Mr. Brocks. Sir, I will tell you who Mr. Brooks is, and why he felt so deeply in reference to these abominable libels. I do hot allude to him now as my hereditary kinsman; I think that is the smallest view to take of the matter; but 1 am his constituent. 1 live in “ Niticiy-six”— a district through which, if you pass, you will read- upon the toinbstoncsvpitaphs which would reproach him for tame and ignominious submission to wrong and to insult. He has as proud and intelligent a constituency I am individuals. Neithercan Congress passu low, nor it measure committed to him, that he might, use can any State pass a law depriving the tribunalsit, when occasion required, to maintain t he honor rof the country of the right of saying whether ['and the dignity of his State. When he heard of you have gone beyond the limits of liberty, and il this speech first,and read itafterwards, this young have used your power, under that name, with J man, in passing down the street, heard but oi*®
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