(To be continued.)
THE LIBERTY OF THE PRESS
IN THE AMERICAN COLONIES BEFORE THE REVOLUTIONARY WAR, WITH PARTICULAR REFERENCE TO CONDITIONS IN THE ROYAL COLONY OF NEW YORK.
CHAPTER VI—Concluded
It is also important to remember that the press appealed to a very much smaller percentage of the population in colonial times than it does to-day. “In Boston with a population of 8000, Campbell succeeded in selling but 3000 copies of his News Letters when it was the only newspaper printed in America.”[1] Later the circulation of all the papers increased, but it was still but a small proportion of the colonists who received first hand the opinions of the editor. And this body of subscribers was for the most part of the professional class or the wealthier part of those in trade, persons naturally of a conservative temper and apt to look with disfavor on any strong attack on or disregard of legalized and established authority.
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.