Chap. IV.]

PROFESSION OF MEN OF LETTERS.

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complishing. The duty of that portion of men of letters, whoare devoted to the instruction of youth, is important; the dutyof all of them in respect to the intercourse which they holdwith general society is important; but their duty in respect to theuse which they make of the press, is so much more important,that I may well be justified in insisting on it somewhat particu-larly, and to the neglect of noticing any other branch of theirduty.

1. A distinction must be taken between the freedom of thepress and its licentiousness ; that is, the freedom of the pressmust be restrained within just limits.

The freedom of the press is often misunderstood. It meansthe right to publish without previous permission , not the right topublish without responsibility. If it meant the latter, the libertyof the press would be the greatest curse, which could be inflictedon a nation. Where a man has a right to publish what hepleases, hut is responsible to the law for the nature and tendencyof his publication, the press is free. If he has the right to pub-lish without such responsibility the press is licentious. Our Na-tional and State constitutions of government guard the freedomof the press with the most jealous care ; but still no man hasa right to make a licentious use of the press on this ground, anymore than he has a right to use arms for violence and bloodshed,because the same constitutions guaranty to him the right to keepand carry them for his defence. Accordingly, our courts haveuniformly decided, that every person may, without previous su-pervision, print and publish what he pleases, on his own respon-sibility ; but they hold him to be answerable for the abuse ofthis liberty, as for any other voluntary act; and that this re-sponsibility necessarily arises from the nature of the social rela-tions. By the liberty of the press, as their decisions teach us,is intended the right to print, and publish among the citizens, thetruth respecting men and things, on all fitting occasions, whereit will be useful to be known ; and therefore, it ought notto be restrained, because such right is essential to freedom. *Every man may publish what he pleases, respecting government,

* The Hon. P. O. Thacher’s opinion, in Commonwealth v. Whitmarsh , JulyTerm, 1836.