between oppression and license: the liberty of man
in the social state is necessarily restrained by certain laws, the abuse
or oblivion of which are equally dangerous; but the circumstances which
expose society to either of these perils are different. In a
well-established government, solidly constituted, the danger against
which the friends of liberty have to contend is oppression: all is there
combined for the maintenance of law; all tends to support vigorous
discipline, against which every individual labours to retain the share
of freedom which is his due; the function of government is to support
order; that of the governed to watch over liberty.

The state of things is entirely different in a government only
commencing. If it follows a period of misfortune and disturbance, during
which morality and reason have been equally perverted,--when passions
have been indulged without curb, when private interests have been
paraded without shame,--then oppression falls within the number of
dangers which are only to be anticipated, while license is that which
must be directly opposed. Our Government has not yet attained its full
strength; it is not yet possessed of all the means which are to be
placed at its disposal to maintain order and rule: before acquiring all,
it will be careful not to abuse any; and the governed, who are still
without some of the advantages of order, wish to possess all those of
confusion. They are not yet sufficiently sure of their own tranquillity,
to abstain from attacking that of others. Every one is ready to inflict
the blow he is exposed to receive; we offend with impunity the laws
which have not yet foreseen all the methods that may be adopted to elude
them; we brave without danger the authorities which cannot yet appeal,
in their own support, to the experience of the happiness enjoyed under
their auspices. It is, then, against particular attempts that constant
watch should be kept; thus it becomes necessary to protect liberty from
the outrages of license, and sometimes to prevent a strong government
from being reduced to defence when uncertain of commanding obedience.

Thus, unrestricted liberty of the press, without detrimental
consequences in a state of government free, happy, and strongly
constituted, might prove injurious under a system only commencing, and
in which the citizens have still to acquire liberty and prosperity. In
the first case there is no danger in allowing freedom of thought a