Chapter II: I have spoken of Hiram's three children (2)

Let no ordinary and superficial method of reasoning obfuscate the public mind on this subject. It is becoming popular to say and to think that slavery at the South is already a dead or a dying institution, by the operation of the war. This opinion has in it, undoubtedly, the value of a prophecy, provided the war be continued to its legitimate termination; provided all the measures against slavery hitherto adopted are firmly maintained; provided the incipient anti-slavery sentiment now being developed in the South, be wisely fostered and protected by the strong arm long enough, or until new institutions and new methods of thinking and acting have time to consolidate. But, whoever supposes that slavery is as yet even essentially weakened, provided, for any reason, our forces and the influence of Northern sentiment were suddenly withdrawn from the South, and the ocean waves of the old despotism were for a moment even permitted to surge back over those portions of the territory which have been partially redeemed, has no adequate idea of the tremendous vitality of that institution.

A mistake on this subject, of the safe early return of the revolted States, will be one of those political blunders worse than a crime; and yet it is precisely this mistake which the American people are at this hour most likely to commit. A latent love of Southern institutions _per se_; the hope of personal political advantage, among politicians, by an alliance with Southern leaders, on the part of others who care nothing for the South as such; a lingering tenderness, a forgiving magnanimity and generosity, among the people at large, which would in this case be wholly misplaced; and finally an easy faith in the extent and irrevocable nature of the successes already accomplished--all concur to lead on to the commission of this error.

Talk as we will of the purposes of this war, the hand of destiny is upon us. We must accept the _rôle_ of emancipators and champions of human freedom, or the only alternative will happen, the loss of our own liberties and the forfeiture of our national office as the leader of Progress combined with Order, on the planet. We have to deal with an implacable, a subtle, and a versatile enemy, wholly committed to the opposite cause; unscrupulous, inappreciative of magnanimity or concession of any kind; restrained by no considerations whatsoever short of the accomplishment of his absolute and tyrannical will. We have this enemy nearly prostrate under our feet, and we stand hesitating whether to avail ourselves of our advantage or to stultify ourselves at the tribunal of the world and of history, by allowing him to rise, to repossess himself of his arms, and to recommence the conflict upon terms of equal advantage.

A glance at the remaining alternative outcomings of the war must be reserved for another article.

THE ENGLISH PRESS.

[The article with this title is written by Mr. NICHOLAS
ROWE, of London. Mr. ROWE is a lineal descendant of
the celebrated NICHOLAS ROWE, the author of the tragedy of
_Jane Shore_ and other well-known poems. The author, like his
famous ancestor, is a man of talents and a friend of freedom. His
account of the old English Press is one of the most perfect ever
given. He intends to bring the subject down to the present period,
and will become a regular contributor to our Magazine.--ED.
CONTINENTAL.]

It is impossible to overestimate the influence of the English
press. It has raised itself to such a pitch of importance that it
has been not inaptly termed the fourth estate of the realm. But the
power which it wields is so enormous and so widespread that it
would be nearer the truth to concede to it the dignity of the first
estate. All classes see so clearly their interest in supporting it,
that the press has become, in effect, a general arbitrator, a court
of last appeal, to which kings, lords, and commons in turn address
themselves for support whenever the overwhelming force of public
opinion is to be conciliated or enlisted. It is in morals what a
multitude is in physics, and it may, without exaggeration, be said
that for all purposes of progress and of good the press of England
has in reality become something more than a single estate of the
realm, since it combines in itself, and exceeds the authority of
all. But while raised to this lofty pinnacle of greatness, it does
not, it dares not, it cannot from its very constitution permanently
abuse its power; and though isolated attempts have been, from time
to time, made in this direction, yet they have in the end, as was
to be expected, reaped nothing but disaster and disgrace. 'Great is
journalism,' says Carlyle. 'Is not every able editor a ruler of the
world, being a persuader of it?' Yes, truly a ruler of the world,
whose supremacy all other rulers must unhesitatingly acknowledge or
perish miserably and forever. Yes, truly a persuader of the world,
because he is the mouthpiece of the people, whose earnest, mighty
voice is making itself heard more and more irresistibly every day,
to the utter discomfiture and overthrow of the hydra-headed avatars
of the priestcraft and kingcraft and all the other mouldy and
rank-smelling relics of the dark ages. The press is the arch
apostle of civilization, progress, and truth--the Greatheart, whose
mission it is to combat and destroy the giants Pope and Pagan, Maul
and Despair, and all other misleaders and oppressors of men.
Language itself might be exhausted before all that could be said in
favor of the uses, benefits, and value of the press had found
fitting expression. The greatest and best of men have expatiated
upon this noble theme, but probably the truest and most eloquent
panegyric ever bestowed upon it is that of Sheridan:

'Give me but the liberty of the press, and I will give to the
minister a venal House of Peers--I will give him a corrupt and
servile House of Commons--I will give him the full sway of the
patronage of office--I will give him the whole host of ministerial
influence--I will give him all the power that place can confer upon
him to purchase up submission and overawe resistance--and yet,
armed with the liberty of the press, I will go forth to meet him
undismayed--I will attack the mighty fabric he has reared with that
mightier engine--I will shake down from its height corruption, and
bury it amidst the ruins of the abuses it was meant to shelter.'

Had Sheridan never uttered or written anything besides these burning words, he would have merited immortal fame, and unquestionably obtained it.

The press is not a thing of yesterday, for it is the slow growth of two centuries; neither did it burst upon the world armed at all points, like the fabled Athene. Yet in other respects the comparison holds good, for the press, like Athene, unites in itself the attributes of power and wisdom combined; it fosters and protects science, industry, and art; it is the patron of all useful inventions; it is the preserver of the state, and everything that gives strength and prosperity to the state; it is the champion of law, justice, and order, and extends its protecting ægis over the weak, the downtrodden, and the oppressed. It has taken two centuries, as we have already said, to make the press what it is; and a terrible uphill fight has it had to wage. Tyranny, dogmatism, and intolerance in high places, and ignorance and superstition in low, have ever been its sworn enemies. It has had its saints and martyrs, more worthy of canonization in men's hearts than many written high in the calendar of Rome. But though persecuted, crushed, and at times apparently done to death, its vitality was indestructible, and after every knock-down blow it rose again from the earth, like Antæus, with renewed strength. It was always a vigorous stripling, and even so far back as the days of David Hume its future greatness and magnificent destiny was clearly marked out, so that he wrote: 'Its liberties and the liberties of the people must stand or fall together.' Liberty and the press in England are convertible terms, and this is the true reason of the success and power it enjoys. It is also the cause of the persecutions it has had to undergo. Tyranny and the press are as necessarily opposed to each other as are the principles of good and evil. The word 'tyranny' is not here intended to refer only to the despotic rulers of states and kingdoms, but to include the oppression practiced by the strong upon the weak, the rich upon the poor, the great upon the small, whether nations or individuals. The press, moreover, is the guardian of social, political, and religious morality. The greatest as well as the most trifling affairs which conduce to the well-being and comfort of the multitude are eagerly canvassed. The faults and vices which disfigure and disgrace even the most advanced forms of civilization are unshrinkingly laid bare, and the proper remedies prescribed. The political conduct of nations and of public men is carefully scrutinized, and every false step that they may make is immediately noted, commented upon, and held up to public reprobation. Religious questions, although, ever since the world began, they have been approached in a very different spirit to those of any other description, and have been debated with greater heat and passion than the bitterest political disputes, and with a lamentable disregard of logic and common sense, are now-a-days treated with a candor and fairness that has never yet characterized them. The press is, in fact, the great physician of the mind, whose duty it is to impart a healthy tone to the inner nature of man, to check the ravages of disease in it, and, wherever it may imagine any traces of poison to lurk, to administer a prompt and immediate antidote. It may not always and at once prosper in its endeavors. Wrong-doing may still, in some cases, prove too strong, vices may have become inveterate, diseases chronic, and the poison may have been too completely absorbed. But not, therefore, is the press discouraged: like Robert Bruce's spider, it returns again and again to its task, and--success does and must crown it in the end.

But while faithfully performing these lofty duties, in the discharge of which it employs the trained minds and practised pens of the greatest literary talent of the time, the press has other functions, which, if not of such paramount importance, yet possess no small utility and value. By no means the least of these is that of merely furnishing the news of the day; and that this was the primary intention of the newspaper its very name proves. Comment, argument, and reasoning were after additions. There are thousands of persons at the present day even, who patronize a newspaper solely for its news, and who do not trouble their heads about any other portion of its contents. The births, marriages, and deaths are eagerly perused by many who expect to meet in that domestic chronicle with the names of their friends and acquaintances. The court news and the movements of royalty and the upper ten thousand have great charms for a large section of the community. Accidents and offences and sensation headings, such as 'horrible murder,' 'melancholy suicide,' 'terrific explosion,' 'fatal shipwreck,' 'awful railway collision,' and the like, have powerful attractions for that class which is--alas for human nature!--only too numerous, and which likes to sup full of horrors--in print. In the same category with these may be placed police news, and the proceedings in the divorce court, the full reports of which are a blemish from which not even the greatest of English journals are free. There have been found able and honest men to defend these reports on the ground of the 'interests of morality,' than which there is not a more abused phrase in print. But to the man of ordinary common sense it would appear that more harm than good results from them. Where can the viciously disposed man or the novice in crime apply with better prospects of instruction in the pursuit of his evil designs than to the columns of the newspaper? It is perhaps not too much to say that for every two persons whom these reports deter from crime, there are three who have been either initiated or hardened in wickedness and sin by their means. This is a matter which calls loudly for reform; and let it, with all sorrow and humility, be confessed, one in which the better American journals shine vastly superior to their English brethren. To the general reader for amusement's sake only, those scraps _de omnibus rebus et quibusdam aliis_ with which editors fill up odd corners supply ample gratification. But those who read for amusement's sake only, or from mere idle curiosity, are by no means the majority, and a tolerable insight may be obtained into a man's character and bias of mind by observing what is the part of the paper to which he first turns when he unfolds it. The man who is absorbed in business pursuits turns to the prices of stocks and shares, the values of articles of merchandise, and the rates of discount and exchange. He will also probably glance at the 'latest intelligence' and the most recent telegrams, but only with the view of forming an opinion as to how the world of commerce and speculation will be affected thereby. The politician finds matter to his taste in the leading articles, the Parliamentary debates and the letters of foreign correspondents, and, perhaps, after a careful perusal of them, flatters himself that he has at last mastered the intricacies of the Schleswig-Holstein question, or has arrived at an understanding of the Emperor Napoleon's policy in Rome. The scientific man and the literary man have their attention fixed by the reports of the meetings of the various learned societies, the accounts of new discoveries and inventions, and the reviews of new publications. This enumeration might be extended almost _ad infinitum_, but to sum up briefly, whatever a man's taste or predilections may be, he will be able to gratify them to his heart's content.

There is, however, one portion of the newspaper which must not be passed over without especial notice, and which is so varied in its contents that it appeals to all classes. This is the advertisements. The man who wishes to buy may here ascertain whither he must bend his steps to obtain the article he desires, and the man who wishes to sell may here meet with a purchaser; and it is truly wonderful to observe how the two great requirements of demand and supply, in all their varied ramifications, are satisfied or seem to be satisfied in these columns. If one may put faith in them, it is possible to gratify every mortal wish and every mortal want through their instrumentality, on one condition, and that condition is--money. But even this condition may be satisfied through the same medium. Are there not untold fortunes invested in Government securities and unclaimed for years, only waiting for the lawful owners or rightful heirs to come forward and obtain them through the agency of those obliging gentlemen who make it their business to investigate such matters? Are there not also numbers of benevolent philanthropists eagerly longing for opportunities to lend money in large or small amounts, on personal security only, to such persons even as are not fortunate enough to be rightful owners or lawful heirs? The curious part of the affair, however, is that there are also so many people who want to borrow money upon the same terms. Do these two classes, we wonder, ever come together through the intervention of the advertisement, and does the result wished for on both sides follow, or does it not? If it does, why need both sets of advertisements appear at all? And if it does not, what is the use of repeating either of them day after day and week after week? The man of imagination must take especial delight in the advertising columns. What splendid feasts they afford him to banquet upon! Some of them, in a few pithy lines, contain the plot of a three-volume novel or the materials for a grand sensation melodrama. What tragedies and what comedies he may weave out of one or two mysterious and almost unintelligible sentences! What reveries he may indulge in, what castles in the air--the most harmless and inexpensive of building operations--he may construct, provided he start with the hypothesis, 'If I were to buy this,' or 'If I were to invest in that,' and all the time he has neither the intention nor the ability of purchasing the one or of investing in the other! How seductive are the notifications by auctioneers and land agents of the 'charming and valuable territorial estates, with the disposal of which they have had the honor of being intrusted'! The dweller in towns, who, chained to the one unceasing, unvarying round of official toil, still sighs for the country, and, like Virgil, envies the 'fortunati agricolæ,' may here give the reins to his fancy, and indulge his rural proclivities _ad libitum_. When the day's labors are over, and he sits in slippered ease 'by his own fireside,' what greater enjoyment can he have than to abandon himself in true Barmecidal fashion to the tempting dainties which the last page of the supplement to the _Times_ offers to his keen appetite! How he revels in the luscious descriptions of 'noble parks,' 'swelling lawns,' 'ancestral woods,' 'silver lakes,' and 'endless panoramas of scenery unequalled in the world'! How proudly he lingers over the pictures of 'baronial castles,' and 'time-honored manorial residences, indissolubly linked with the proudest names and proudest deeds of England's history'! If he be a sportsman--and what Englishman is not, more or less?--how intoxicating to him is the enumeration of 'game of all sorts, and countless myriads of wild fowl,' only waiting his advent to fall victims to his prowess! If he be a philanthropist, what visions of model farms, model cottages and model schools, of a happy and contented peasantry, of comely, smiling matrons, and troops of ruddy-cheeked children may he not conjure up! If he be ambitious, what dreams of greatness crowd upon him--the revered benefactor of the parish, the respected chairman of the bench of magistrates, nay, even the county member returned to Parliament without a dis-sentient voice! His fancy runs riot, and there is no limit to the bright future which the skilful hand of the cunning knight of the hammer unfolds before his enraptured gaze.

To the energetic, enterprising man, how tempting must be those prospectuses of schemes for the development of the vast and in many cases untried natural, industrial, and commercial resources of the country, which, combining in an eminent degree both pleasure and profit, invite his coöperation upon the joint-stock principle! How delightful to him must be those announcements of wonderful inventions--secured by a patent--and of old-established business firms, which offer a safe investment for his spare hundreds and thousands by way of partnership, with the certainty of immediate and enormous returns! To the invalid and the valetudinarian, how cheering must be those modest and disinterested encomiums upon the virtues of certain nostrums and specifics, which cannot but carry conviction to his mind that there is a certain cure for 'all the ills that flesh is heir to!' And lastly, not to enlarge the list any further, what a glow of heartfelt pleasure and gratitude must the really good and benevolent man experience when he peruses the reports of charitable societies, with their statistics of poverty, misery, and privation, which afford him a channel for the dispensation in works of mercy of the superfluous wealth with which a bountiful Providence has blessed him!

Such being the manifold uses and advantages of the newspaper, we are tempted for a moment to pause and reflect upon what would be the condition of the world without it. What a dreary waste it would be! Man is an inquisitive animal, and at the present day is just like the Athenians of old, going about seeking for some new thing. What would become of him if the provender supplied him by his newspaper were suddenly cut off? The consequences to society and to individuals would be frightful to contemplate, and the mind especially recoils with horror from the fate which would assuredly overtake those elderly club-loungers, whose sole aim and object in life appears to be the daily perusal of their favorite journal. How disastrous would be the effects of such a stoppage to those persons who are compelled to pass the greater portion of their lives together! They could not possibly contrive to get through the day, and before long life itself would become burdensome to them. Vast numbers of people have no ideas of their own, and are therefore compelled to borrow them elsewhere. How important is the part which the newspaper plays in that elsewhere! Paterfamilias comes down to breakfast--his newspaper fresh, clean, and tidily folded, lies invitingly on the table--he eagerly seizes it, and is forthwith furnished with topics of conversation with his family. When he is thoroughly posted up in the news of the day, he sallies forth, and is ready to interchange ideas at secondhand with any acquaintance he may meet. What would become of Paterfamilias, his family, and his friends, if they were deprived of this resource? The whole framework of society would be unhinged, business and pleasure would alike come to a standstill, and the world would again relapse into barbarism and chaos.

But let us turn from these fanciful speculations to a sober recital of facts in connection with the history of the press.

The derivation of the word 'newspaper' has been the subject of much dispute. Some learned and ingenious writers, disdaining the obvious 'new,' have gone very far afield in their researches. Among other derivations which have been suggested, is one taken from the four cardinal points of the compass, N. E. W. S.; because the intelligence conveyed came from all quarters of the globe. This suggestion is contained in an old epigram:

'The word explains itself without the Muse,
And the four letters tell from whence comes News;
From N. E. W. S. the solution's made,
Each quarter gives account of war and trade.'

And also, probably in jest, in the 'Wit's Recreations,' published in 1640:

'Whence news doth come if any would discusse,
The letters of the word resolve it thus:
News is conveyed by letter, word, or mouth,
And comes to us from North, East, West, and South.'

For the first origin of newspapers in Europe we must look to Rome, and there can be no reasonable doubt that the earliest germs of news sheets are to be found among that wonderful people, who have left such enduring monuments of themselves wherever they carried their victorious eagles. The Roman news sheets were called _Acta Diurna_, and were issued by the Government, and affixed to the walls in the most public places in the city. They were also carefully stored in a building set apart for the purpose, where any person could have access to them, and make copies of them for the benefit of their friends in distant parts of the empire. It is probable also that the Roman historians availed themselves of them in their compilations. They were not only reports of the ordinary occurrences in the city, but journals of the proceedings in the courts and town councils as well, and they contain records of trials, elections, punishments, buildings, deaths, sacrifices, state ceremonials, prodigies, etc., etc. They are alluded to in the correspondence between Cicero and Coelius, when the great orator was governor of Cilicia. Coelius had promised to send him an account of the news of Rome, and encloses in his first letter a journal of the events which had transpired in the city during his absence. Cicero, in reply, complains that his friend had misinterpreted his wishes, and says that he had not desired him to send an account of the matches of gladiators, the adjournments of the courts, and occurrences of that kind, which nobody dared to talk to him about even when he was residing in Rome: what he wanted was a description of the course of politics and but the newspaper of Chrestus. He also refers to these sheets, that is to say, to accounts of public affairs _in actis_ and _ex actis_, in two letters to Cassius and one to Brutus, written previously to the triumvirate. Suetonius also makes mention of them, and says that Julius Cæsar, in his consulship, ordered the diurnal acts of the senate and the people to be published. Tacitus relates a speech of a courtier to Nero to induce him to execute Thrasea, and among other things he says: 'Diurna populi Romani per provinciam per exercitus accuratius leguntur ut noscatur quid Thrasea non fecerit.' Seneca and the younger Pliny also allude to them. Dr. Johnson, in the preface to the tenth volume of the _Gentleman's Magazine_, published in 1740, enters into a disquisition upon these _acta diurna_, and gives an account of the discovery of some of them with the date of 585 A. U. C., and adds some specimens from them. He quotes them from the 'Annals of Rome,' by Stephen Pighius, who declares that he obtained them from James Susius, by whom they were found among the MSS. belonging to Ludovicus Vives. Their authenticity has, as might be expected, been hotly disputed by many learned scholars at various times, but sufficient grounds have not been adduced for their rejection. The most suspicious circumstance connected with them is their resemblance, _mutatis mutandis_, to a newspaper of the present day. Thus among other things we are told that the consul went in grand procession to sacrifice at the temple of Apollo, just as now a-days we might read that Queen Victoria went in state to St. Paul's, or attended divine service at the chapel royal, St. James's. Then we are favored with an account of the setting forth of Lucius Paulus Æmilius, the consul, for the war in Macedonia, and a description of the departure of the embassy of Popilius Lena, Caius Decimus, and Caius Hostilius to Syria and Egypt, with a great attendance of relations and clients, and of their offering up a sacrifice and libations at the temple of Castor and Pollux before commencing their journey. Then we hear how an oak was struck by lightning on the summit of Mount Palatine, which was called _Summa Velia_, and have the particulars given us of a fire which took place on Mount Coelius, together with an account of the crucifixion of a certain noted pirate. Dramatic intelligence is represented by a description of the plays acted in honor of the goddess Cybele; and under the head of 'fashionable intelligence,' the Jenkins of the day chronicles the funeral of Marcia, a noble Roman matron, and remarks that the attendance of images was greater than that of mourners. He also adds an account of the entertainment given to the people by her sons upon the occasion. By way of police news, we find a record of a disturbance in a tavern, in which the tavern keeper was severely wounded; and how Tertinius, the ædile, fined some butchers for selling meat which had not been inspected by the overseers of the market. A counterpart of this transaction may be met with every day in the city of London, but the result of the affair is much the more satisfactory in Rome, for whereas we do not know for certain what becomes of the money obtained from the penalty in London, we learn that the ædile directed it to be devoted to the building of an additional chapel to the temple of the goddess Tellus. Dr. Johnson also quotes a second series of _Acta Diurna_, with the date of 691 A. U. C., from the 'Camdenian Lectures' of Dodwell in 1688 to 1691. Dodwell says that he obtained them from his friend Hadrian Beoerland, who got them from Isaac Vossius, by whom they were copied from certain MSS. in the possession of Petavius. Among other things contained in this second set, we find noted certain trials, with the number of the votes for and against the defendant, a bargain for the repairs of a certain temple, an announcement by one of the prætors that he shall intermit his sittings for five days, in consequence of the marriage of his daughter, and an account of the pleading of Cicero in favor of Cornelius Sulla, and of his gaining his cause by a majority of five judges.

Such are the earliest traces of newspapers to be found, and long centuries elapse before we again catch a glimpse of anything of the kind. Although it is the great Anglo-Saxon race alone which can boast of having developed the usefulness and liberty of the press to its fullest capabilities, both in England and America, yet it is not to us that the credit belongs of having been the first to reintroduce newspapers in Europe. Whether or no the Romans introduced their _Acta Diurna_ into Britain, and whether or no any imitations of them sprang up then or in after times, it is impossible to say. Some writers have asserted that news sheets were in circulation in England at all events so early as the middle of the fifteenth century, but as their assertions rest upon no very trustworthy basis, they must be at once thrown aside. It is to Italy that we must again turn for the reappearance of the newspaper. It was in 1536, or thereabouts, that the Venetian magistracy caused accounts of the progress of the war which they were waging against Suleiman II, in Dalmatia, to be written and read aloud to the people in different parts of the city. The news sheet appeared once a month, and was called _Gazetta_, deriving its name, probably, from a coin so called, of the value of something less than a cent, either because that was the price of the sheet, or the sum paid for reading it, or for having it read. There are thirty volumes of this MS. newspaper preserved in the Maggliabecchi Library at Florence, and there are also some in the British Museum, the earliest date of which is 1570. Printed news letters, with date and number, but not so deserving of the title of newspaper, began to appear about the same time in Germany. They were called _Relations_, and were published at Augsburg and Vienna in 1524, at Ratisbon in 1528, Dollingen in 1569, and Nuremberg in 1571. The first regular German newspaper appeared at Frankfort, and was entitled _Frankfurter Oberpostamtszeitung_, in 1615. The first French was brought out by Renaudot, a physician, in 1632. The first Russian paper came out under the auspices of Peter the Great, in 1703, and was styled the _St. Petersburg Gazette_. Spain did not enter the lists until a year later, and the _Gazeta de Madrid_ was born in 1704. It could not have been worth much as a newspaper, inasmuch as the defeat off Cape St. Vincent did not appear in its columns until four weeks after it had taken place.

There must have been some sort of news sheets in existence in England about the same time as the Venetian _Gazetta_, for in the thirty-sixth year of King Henry VIII, the following proclamation appeared:

'The King's most excellent Majestie, understanding that certain
light persones, not regarding what they reported, wrote, or sett
forth, had caused to be ymprinted and divulged certaine newes of
the prosperous successes of the King's Majestie's army in Scotland,
wherein, although the effect of the victory was indeed true, yet
the circumstances in divers points were, in some parte
over-slenderly, in some parte untruly and amisse reported; his
Highness, therefore, not content to have anie such matters of so
greate importance sett forthe to the slaunder of his captaines and
ministers, nor to be otherwise reported than the truthe was,
straightlie chargeth and commandeth all manner of persones into
whose hands anie of the said printed bookes should come,
ymmediately after they should hear of this proclamation, to bring
the said bookes to the Lord Maior of London, or to the recorder or
some of the aldermen of the same, to the intent they might suppress
and burn them, upon pain that every person keeping anie of the said
bookes twenty-four hours after the making of this proclamation,
should suffer ymprisonment of his bodye, and be further punished at
the King's Majestie's will and pleasure.'

None of these obnoxious 'printed bookes' have survived to the present time, and it has been contended that they were probably nothing more than ballads and copies of doggerel verses. But this is an hypercritical objection, or rather groundless guess, for it is evident that the proclamation points at something far more important. We may safely conclude that they were newspapers, and that journalism had already attained sufficient dimensions to alarm the powers that were, and draw down their hostility. And a few years later, Pope Gregory XIII fulminated a bull, called _Minantes_, against the news sheets, as spreading scandal and defamation, etc.

It was long fondly believed that the British Museum counted among its treasures a full-blown printed English newspaper, dating so far back as 1588. It was entitled the _English Mercurie_, and purported to be 'published by authoritie for the suppression of false reports, ymprinted at London by Christopher Barker, her Highness's Printer.' Writer after writer exulted in the fact, and was loud in the praises of the sagacity and wisdom of Burleigh, under whose direction it was supposed to have been issued. But unfortunately for antiquaries and literati, the matter was carefully investigated by Mr. Watts, of the British Museum, and he pronounced on unquestionable evidence the copies of the _English Mercurie_ to be nothing but a barefaced forgery, of which he went even so far as to accuse, on good grounds, the second Lord Hardwicke of being the perpetrator. But though we must discard this fictitious account of the Spanish armada, etc., other news sheets did actually exist in the reign of Queen Elizabeth, a list of which has been compiled by Dr. Rimbault. The titles of some of them are: _New Newes, containing a short rehearsal of Stukely and Morice's Rebellion_, 1579; _Newes from Scotland, declaring the damnable Life of Doctor Fian, a notable Sorcerer, who was burned in Edenborough in January last_, 1591; _Newes from Spain and Holland_, 1593; _Newes from Flanders_, 1599; _Newes out of Cheshire of the new-found Well_, 1600; _Newes from Gravesend_, 1604. As time went on, these 'pamphlets of newes' increased in number. They treated of all kinds of intelligence; some derived their materials from foreign countries, and some from different parts of the kingdom at home; some were true, and some were false. Thus we find, among others, _Lamentable Newes out of Monmouthshire, in Wales, containinge the wonderfull and fearfull Accounts of the great overflowing of the Waters in the said Countye_, 1607; _Newes from Spain_, 1611; _Newes out of Germanie_, 1612; _Wofull Newes from the west partes of England, of the burning of Tiverton_, 1612; _Good Newes from Florence_, 1614; _Strange Newes from Lancaster, containinge an Account of a prodigious Monster, born in the Township of Addlington, in Lancashire, with two bodyes joined to one back_, 1613; _Newes from Italy_, 1618; _Newes out of Holland_, 1619; _Vox Populi, or Newes from Spain_, 1620. About this time the news sheets began to assume particular and distinctive titles, under which they appeared at uncertain intervals. We meet with _The Courant, or Weekly Newes from Foreign Parts_, 1621; _The certain Newes of this present Week_, 1622; _The Weekly Newes from Italy, Germany, etc._, 1622, a title which was shortly after exchanged for that of _Newes from most Parts of Christendom, London, printed for Nathaniel Butler and William Sheppard_. These names ought to be preserved, as being those of the great pioneers of regular journalism. It appears, however, that they did not always keep the same title for their newspaper, for sometimes it was called _The Last Newes_; at others, _The Weekly Newes continued_; _More Newes_; _Our Last Newes_, and other various renderings of the same theme. This great progenitor of a mighty race also adopted a system of numbering, and, though exposed to many dangers and vicissitudes, did not finally disappear until 1640. Butler and his contemporaries had to struggle with many obstacles, and to contend against many and powerful foes. In 1637, Archbishop Laud procured the passing of an ordinance limiting the number of master printers to twenty, and punishing with whipping and the pillory all such as should print without a license. Butler's name does not occur in this list; so we may conclude that he was particularly obnoxious to the haughty prelate and his party. But this persevering journalist, whose name had for a long time appeared alone as the printer of his newspaper, contrived to surmount this difficulty, for in a manifesto, dated January 11th, 1640, he says:

'Courteous reader! we had thought to have given over printing our
foreign avisoes, for that the licenser (out of a partial affection)
would not oftentimes let pass apparent truth, and in other things
(oftentimes) so crosse and alter, which made us weary of printing;
but he being vanished (and that office fallen upon another more
understanding in these forraine affaires, and as you will find more
candid) we are againe (by the favour of his Majestie and the state)
resolved to go on printing, if we shall find the world to give a
better acceptation of them (than of late) by their weekly buying of
them. It is well known these novels are well esteemed in all parts
of the world (but heere) by the more judicious, which we can impute
to no other but the discontinuance of them, and the uncertaine
daies of publishing them, which, if the post fail us not, we shall
keep a constant day everie weeke therein, whereby everie man may
constantly expect them, and so we take leave.'

This number of his journal is entitled _The continuation of the Forraine Occurrents, for five Weeks past, containinge many remarkable Passages of Germanie, etc.; examined and licensed by a better and more impartiall hand than heretofore_. Another noticeable thing in this manifesto is the first occurrence of the autocratic editorial 'we.'

Butler had also to contend with the opposition of the news writers or news correspondents, who doubtless found his undertaking interfere with their trade. These gentry covenanted for the sum of £3 or £4 a year to write a news letter every post day to their subscribers in the country. That this curious trade was thoroughly systematized is evident from the following passage in Ben Jonson's 'Staple of News,' published in 1635:

'This is the outer room where my clerks sit
And keep their sides, the register i' the midst;
The examiner he sits private there within--
And here I have my several rolls and files
Of news by the alphabet, and all put up
Under their heads.'

The news writers flourished greatly at this period, but as newspapers began to get a footing, their credit gradually declined--and with reason, if we may put confidence in the following extract from the _Evening Post_, of September 6th, 1709:

'There must be £3 or £4 paid per annum by those gentlemen who are
out of town for written news, which is so far generally from having
any probability of matter of fact, that it is frequently stuffed up
with a 'we hear,' or 'an eminent Jew merchant has received a
letter,' being nothing more than downright fiction.'

To Butler belongs the credit of having been the first to introduce street newsboys, with this difference, that his employés were of the other sex, and were styled 'Mercurie women.'

Butler was a stanch royalist, and consequently suffered the vengeance of the Parliamentary party. He fell into great poverty, and, according to Anthony à Wood, died on board Prince Rupert's fleet in Kinsale harbor, in 1649, just as a brighter day was beginning to dawn upon journalism.

The struggle between the Parliament and the king set the press free from the multiplied restrictions by which it had been 'cabined, cribbed, confined' and almost stifled in its cradle. The country became flooded with publications of all kinds, of which, while many were trashy, ridiculous, and extravagant, there still remained a considerable portion which materially helped forward that mighty uprising of the people to which England owes her freedom, her glory, and her might.

And here, having introduced to the reader the first real newspaper, and the great ancestor of all after editors, and having attended the press through its obscure infancy and perilous childhood, we must pause, reserving for consideration in a future article the fair promise of its youth and the development of its still more glorious manhood.

THE CONSCRIPTION ACT OF MARCH 3D.

Few subjects are more difficult of legislation than that of the military service of a nation. The most profound wisdom, the most enlightened statesmanship, the most intimate knowledge of society, are requisite in the legislator. It is easy, indeed, to regulate the military service in times of peace, when the army is small and volunteers are abundant. But when the ordinary methods fail to fill up the ranks, decimated by actual war, when the honor and perpetuity of a nation depend upon a conscription of its citizens, then comes the tug of war, and many legislatures have failed in their deliberations on this subject. In the first place, a Conscription Act is opposed to popular prejudice. Compulsory service of any kind, except for punishment, is contrary to our ideas of personal freedom. We believe in the sovereign privilege of doing what we please, and declining to do what we do not please, to its fullest possible extent. We love to tell our neighbors that we have no standing army to defend our national honor, but that it reposes safely on the _voluntary_ patriotism of the people. We may admit the _necessity_ for a Conscription Act--may confess its justice and impartiality; but few men who are liable to fall into its pitiless clutches, can speak of such an act without a shrug of uneasiness or a wicked expression of anger. Again, it must be universal in its application. It must meet all classes and conditions of society; must be adapted to all shades of religious and political belief; must be inflexible as Justice on his throne, yet tender and sympathetic as a mother to her child. It must take into consideration different branches of industry, and the fields of one section must not be depleted of husbandmen that those of another may be filled with warriors.

The act of March 3d meets these difficulties more successfully, perhaps, than any previous act, whether of a State or National Legislature. It is based upon the broad and well-admitted maxim, that every citizen owes his personal service to the Government which protects him. But while the Government impartially demands this service, the law provides for the exemption of those who would suffer by the unqualified enforcement of this demand.

Many persons outside of the specified limits of age, are physically able to do military service. But, _as a class_, it would have been cruel and impolitic to have forced men into a service which would have wrecked health and happiness for life, or, by a short and swift passage through the military hospitals, have shuffled them into premature graves. Few men under twenty-five have the power of endurance necessary for a long and wearisome campaign. The muscles are not sufficiently knit and hardened for the service, nor the constitution sufficiently fortified to withstand the exposure. Men over forty-five have lost the vigor and elasticity necessary to long and arduous exertion, and are constantly liable to become a burden instead of a benefit to the service.

No previous act has so equally disposed the military duty among the various classes affected by it. It is a well-known fact that the burdens of military service are wont to bear most heavily on the _laboring_ classes. Probably no legislation can entirely remove this inequality. But the act of March 3d makes special provision for the indigent and helpless, and to a great extent relieves the suffering and inconvenience dependent on an enforced military conscription. Poverty is not left without relief, infancy without protection, old age without comfort. The dependent widow, the infirm parent, the homeless orphan, are adopted by the Government, and their support and protection provided for. And in order that the character and dignity of the army may comport with the greatness and purity of the cause for which it is fighting--that it may be both the power and the pride of the nation, it is expressly provided, that 'no person who has been guilty of any felony shall be enrolled or permitted to serve in said forces.' For the benefit of those whose peculiar business or family relations require their services at home, Congress wisely inserted 'the $300 clause.' In this they but followed the established custom in most nations since the days of feudalism. No part of the act has been more violently assailed than this, none more unjustly. It is asserted that this clause discriminates against the poor, in favor of the rich; that it recognizes unjust distinctions between the classes of society, and assigns military duty unequally among the citizens. No assertion could more glaringly display the author's ignorance and lack of judgment.

The law, as originally drawn, required the service of the man drafted or an acceptable substitute within ten days. Had 'the $300 clause' not been inserted, the competition for substitutes would have been so great that their price would have risen far beyond the ability of men in moderate circumstances to pay, and many would have been forced into service who thus have an opportunity for exempting themselves. It has kept the price of substitutes at a low figure, and thus has proven itself emphatically the poor man's provision.

Nor is the law harsh toward those who may be drafted. Abundant time is given for the settlement of any pressing business, the proper disposition of family affairs, or the procuring of a substitute. It is mild toward the infirm and afflicted, making ample provision for the exemption of those who, from any cause, are unfit for service.

It assures to drafted men the same pay, bounty, clothing, and equipments as volunteers receive, and in all respects puts them on the same footing. It thus removes the unjust distinction wont to be made between the drafted man and volunteer, looking upon each as a true soldier of his country, equally interested in its honor and perpetuity. And in order that justice may be secured to the citizen as well as to the Government, the entire business of the enrolment and draft is under the supervision of a board of three men, generally residents of the district.

The prevailing spirit of the act, cropping out in almost every section, is the tenderness with which it handles the subject. It scrupulously seeks to avoid all violence, injustice, and suffering, and while it firmly asks the service of the people, distributes that service equally among all. And herein is its superiority over all previous militia acts. State and national officers, members of Congress, custom-house officials, postmasters, clerks, and the favored and fortunate generally, were heretofore exempt, instead of those who, by misfortune or otherwise, were in circumstances of dependence and want.

But the act of March 3d, thus general in its application, thus humane in its provisions, is not without omissions and imperfections. But these arise rather from the language of its provisions, than from its general design. Let us briefly examine these provisions as they are given in the second section of the act.

Clause second exempts 'the only son liable to military duty of a widow dependent upon his labor for support.'

The Judge Advocate General has decided, that 'a woman divorced from her husband who is still living, is not in the sense of the law a widow--a widow being defined to be a woman who has lost her husband by death.' Her only son, therefore, upon whom she may be dependent for her support, cannot be exempted. A divorced woman, whose husband is still living, may thus be left entirely without support, unless she have several sons 'liable to draft,' in which case, she may elect one for exemption.

Clause third exempts 'the only son of aged or infirm parent or parents dependent upon his labor for support.'

It has been decided that a son cannot be exempted under this clause unless _both_ the parents are 'aged or infirm.' Thus it may happen that, by reason of bodily or mental infirmity, a father, with a family of helpless children, may be totally dependent upon the exertions of the mother and a draftable son. But the law pitilessly takes the son without possibility of exemption, throwing the entire burden of support upon the mother.

But no clause of this section is more liable to objection than the _fourth_, which reads as follows: 'Where there are two or more sons of aged or infirm parents subject to draft, the father, or if he be dead, the mother, may elect which son shall be exempt.' It will be observed that the provision--'dependent upon his labor for support'--is omitted in this clause. Now, to interpret its language by the legal method of construction, by the context, it would seem that such dependence were necessary in order to secure the exemption. For the two clauses immediately preceding exempt 'the only son of a widow or of aged or infirm parent or parents _dependent upon his labor for support_. The two immediately following, exempt 'the brother or father of orphan children under twelve years of age _dependent upon his labor for support_.' That is, _four_ of the five clauses referring strictly to this subject, grant exemption to the applicant only when some one depends upon him for support. Hence it may be presumed, according to an admitted custom of legal interpretation, that in the remaining clause, standing between the other four, the question of dependence, though not expressly _stated_, is clearly _implied_.

But an 'opinion,' published by the Provost-Marshal General's Bureau for the guidance of the boards of enrolment, declares that 'the right to this exemption does not rest upon the parents' dependence on the labor of their sons for their support. The law does not contemplate any such dependence.'

What is the result of this decision?

First, it places the wealthy and independent on the same footing with the indigent and needy, exacting from the one no more service than from the other.

Second, it is more lenient toward the wealthy citizen who has several sons liable to draft, than toward the helpless widow who may have but one.

Third, it makes a distinction against that family which may have contributed most to the military service.

By the 'opinion' just quoted, the only fact to be established by parents electing one of several sons 'subject to draft,' is that they are 'aged or infirm'. When this is done, boards of enrolment must grant the exemption. The parents may live in affluence independent of their children; the sons may all be in the second class except the one elected; they may reside in different districts or States; they may belong to different households: yet, if the same parents, or some indigent widow adjoining them, had but _one_ son 'liable to military duty,' or, having _several_, had sent them all into the army save _one_, that one remaining could not be exempt unless it were proven that they actually depended on him for their support. Why should a helpless widow, having but _one_ son, be required to prove her dependence on him for support in order to have him exempted, when her wealthy neighbor, who has _two_ sons, can have one of them exempted without this dependence?

Another published 'opinion' says: 'Election of the son to be exempted must be made _before_ the draft.' Now amid the chances of a draft it may happen that the brother or brothers of the elected son may not be drawn. Thus the Government loses the services of the entire family. In many cases no election would be necessary unless _all_ the sons were drafted, in which case it could be made as well _after_ as _before_ the draft. Besides, if there be a considerable interval between the time of election and the time of draft, the ground of exemption may no longer exist when the Government calls for the service of the man.

On clause sixth an 'opinion' has been issued, stating that 'the father of motherless children under twelve years of age, dependent upon his labor for their support, is exempt, notwithstanding he may have married a second time and his wife be living.'

A stepmother is not believed to be a 'mother' in the sense of the act. Another 'opinion' declares that the father of children of an insane mother under twelve years of age dependent on his labor for support, is _not_ exempt.