Half a Century

by Jane Grey Cannon Swisshelm

At once they gave me a bill of sale for the press and material, and of the second number I was sole editor and proprietor, but it was too late. The libel suit was brought, damages laid at $10,000, and every lawyer in that upper country retained for the prosecution.

This was in the spring of '58. The two years previous the country had been devastated by grasshoppers, and no green thing had escaped. There was no old grain, the mass of people had been speculating in town lots, and such had been the demand for city charters, that a wag moved in legislature to reserve one-tenth of the land of Minnesota for agricultural purposes. The territorial had just been exchanged for a state government, which was not yet in working order. The capital of every man in the printing company was buried in corner lots, or lots which were not on a corner. The wolves and bears cared nothing for surveyor's stakes, and held possession of most of the cities, howling defiance at the march of civilization. The troops were still in Kansas establishing slavery, and we lived in a constant state of alarm. The men were organized for defense against Indians, and must do picket duty. All the money was in the hands of the enemy. Citizens had everything to buy and nothing to buy it with. Provisions were brought up from St. Paul by wagon, except when a boat could come from St. Anthony. Those men of the company who were especially marked, were men of families, and it is hard to starve children for the freedom of the press. The nearest court was St. Anthony. Any defense of that suit must be ruinous to those men, and I advised them to compromise.

A committee was appointed to meet six lawyers, and were in despair when they learned the ultimatum of the great Dictator. With the terms demanded, they had no inclination to comply, but sent J. Fowler to me with the contract they were required to sign.

This bound the company in a bond of $10,000 actual payment, that the St. Cloud Visiter should publish in its columns a card from Mr. Shepley, of which a copy was appended, and which stated that the destruction of the office was not for any political cause, but was solely on account of an attack made by its editor on the reputation of a lady. Also, that said Visiter should never again discuss or refer to the destruction of its office.

Fowler burned with indignation, and was much surprised when I returned the paper, saying that I would comply with these demands. He protested that I should not—that they had set out to defend the freedom of the press.

"Which you cannot do," I remarked. "You sign that paper just as you would hand your money to a robber who held a pistol to your head and demanded it. There is a point at which the bravest must yield, where resistance is madness, and you have reached this point. The press is mine, leave its freedom to me. Defend me from brute force and do your duty to your families."

He returned to the consultation room, where every one was surprised at my compliance. They had all given me credit for more pluck, but since I surrendered, the case was lost. The contract was signed, the bond executed, and everything made tight and fast as law could make it. The friends of free press were indignant, but bided their time. Stephen Miller, a nephew of my mother-in-law, and afterwards governor of Minnesota, was on a visit to Harrisburg during all this trouble, and when he returned, he flew into a towering rage over what he termed the cowardly backdown of the printing company, and published a card in the St. Paul papers, washing his hands of it.

But to the victors belong the spoils and glory, and now they made much of them. Ladies got out their silks, their jewels and their laces. There were sounds of revelry by night, where fair women and gallant men drew around the social board, on which sparkled the wine-cup and glimmered the yellow gold, to be taken up by the winner. Champagne was drunk in honor of the famous victory, hands were shaken over it, stray sheep were brought back into the true Democratic fold, and late opinions about presses and types were forgotten.

Though, among all the rejoicings, the Bar had the best of it. For once its members had not been like the blades of a pair of scissors; had not even seemed to cut each other, while only cutting that which came between. For once its members were a band of brothers, concentrated into one sharp, keen dagger, with which they had stabbed Freedom to the heart. That triumphant Bar stroked its bearded chin, and parted its silky mustache; hem'd its wisest hem; haw'd its most impressive haw.

"If Gen. Lowrie had ah, but ah, taken legal advice ah, in the first instance ah, all would have been well ah!"