Freedom  of  Speech  and  of  the  Press. — By  the  freedom
of  speech  or  of  tlie  press is  meant  the  right  to  speak  and
publish  whatever  is  not  in  derogation  of  private  rights,  and
which  does  not  disturb  the  public  peace  or  tend  to  subvert
the  government.  There  is  danger,  in  a  republican  govern¬
ment,  of  carrying  this  freedom  to  excess,  both  in  speech  and
in  the  press.  We  must  be  careful  not  to  injure  others  in
their  rights  of  any  kind,  or  weaken  the  authority  of  the  gov¬
ernment.  Especially  in  times  of  insurrection  or  rebellion  is
abundant  caution  needed.  Too  much  regard  can  not  be  paid
to  time  and  place  and  circumstances.  I  believe  in  free
speech,’^  said  the  Duke  of  Wellington,  but  not  on  board  a
man-of-war.’^

The  right  to  assemble  peaceably  and  petition  for  a  redress
of  grievances  is  too  obvious  to  have  needed  mention  in  the
Constitution  of  a  free  people.
Article  2. — A  well-regulated  militia  being  necessary  to  the
security  of  a  free  State,  the  right  of  the  people  to  keep  and
bear  arms  shall  not  be  infringed.
The  militia  are  the  citizen  soldiery  of  the  country,  as  dis¬
tinguished  from  the  standing,  or  regular  army.  The  militia
system  has  been  allowed  to  fall  into  partial  decay,  showing  that
the  people  have  little  fear  of  need  to  defend  themselves  by
force  of  arms  against  their  government.
7  WaUace,  321.
268


THE  CONSTITUTION


Amend.  3.
Article  3. — No  soldier  shall  in  time  of  peace  he  quartered
in  any  house  without  the  consent  of  the  owner,  nor  in  time  of
war,  but  in  a  manner  to  he  prescribed  by  laic.
