The magazine of history with notes and queries, Vol. II, No. 6, December 1905Various
History
The magazine of history with notes and queries, Vol. II, No. 6, December 1905
Various
History -- Periodicals; United States -- History -- Periodicals
In New York, owing to the peculiar way in which the press was
introduced, it for the first forty years of its existence did nothing
to put itself in antagonism to the government; in Massachusetts it at
first was given a subvention by the General Court; in South Carolina
a comparatively large sum was offered to any printer who would
brave the dangers of the climate and establish a press. With these
exceptions its early days were passed under governments which viewed
with dislike or suspicion any attempts on the part of the printers to
take an intelligent part in the questions that were interesting the
people. For this reason the press in all the colonies early assumed a
position of antagonism to the constituted authority and in return the
government took every opportunity to hurt it by means of prosecutions
in the courts or inquisitorial proceedings before the Governor and his
Council. It is interesting to note however that these proceedings lost
almost all their terrors as the period of the Revolution approached,
for the press received more and more the support of the people, who had
learned to appreciate the wide circulation which the newspapers gave
to the new doctrines; thus we constantly find the grand juries refusing
to find true bills against the printers, in this way reducing the
Governor to the use of Informations which were looked on with suspicion
by the people and seldom resulted in a verdict of Guilty.
But the greatest influence of the press was exerted through the
flood of hand-bills and pamphlets which ever increased in volume as
the period of the Revolution drew near. Printed in large numbers
and circulating everywhere, we find Governors reporting to the home
government that it was impossible to stop them, and that they were
doing incalculable harm.
If now we attempt in a very brief way to review the whole matter of the
struggle for the liberty of the press we shall find:
First: That the system in vogue in America, as in England, up to the
close of the seventeenth century, was a system of administrative
control by the Crown through appointed officers called Censors, to whom
all writings had to be submitted before publication and who either gave
or refused permission to print. That this Censorship was shared by
Church and State in some instances only complicated the situation.
Second: With the failure to pass the Licensing Bill in 1695 the press
became in all parts of the English dominion freed from this censorship;
but a system of judicial control took its place, for all publications
were now subject to the law of libel, and an attack on the dominant
party was held by the courts to be a libel, and a censure of the
Governor to be a personal reflection on the King. In Franklin’s case
in England in 1731,[2] it was laid down by Lord Raymond that the court
alone was to judge of the criminality of a libel, to the jury was given
only the right to decide as to the fact of publication.
Public-domain text, read in full here on John Shaqi.
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