State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-02-29
MIR. CALHOUN'S REPORT.

Mr.. Calhoun made the following Report:
The Select Committee TO whom was refer
red that portion of the Presidents Mes
sage which relates to the attempts to
circulate through the Mail, inhammatory
appeals, TO excite the slaves to insurrec-
ton, submit the following report:
The Committee fully concur with the
President as TO the character and tendency
of the papers which have been attempted
to be circulated in the South, through the
mail, and participate with him in the in
dignant regret which he expresses at con-
duct so destructive of the peace and har-
mony of the country, and SO repugnant to
the const tuition and the dictates OF human
ty and religion. They also concur in the
hope that, if the strong tone of disapproba-
lion which these wicked and unconstitu-
liona attempts have called forth, does not
arrest them, the non-saveholding states
will be prompt TO exercise their power to
suppress them, as far rs their authority ex-
tends. But while they agree with the Pre-
sident as to the evil and its highly danger
Gus tendency, and the necessity ofarresting
il, they have not been able to assent to the
measure of redress which he recommends
that Congress should pass law prohibit
ing under severe penalties, the transmission
of incendiary publications through the mail,
intended to instlgate the slaves o insurrec-
ton.
After the most careful and deliberate in
vestigation they have been constrained TO
adopt the conclusion, that Congress has not
the power to pass such a law; that it
would be violation of one of the most
sacred provisions of the constitution, and
subversve of reserved powers essential to
the preservation of the domestic institutions
of tie slave-holding states, and with them,
their peace and security. ConcUrrIng, as
they do, with the President in the niagni-
tude of the evil and the necessity Of its
suppression, il would have been the cause
of deep regret to the committee, if they
thought the difference of opinion as TO the
right of Congress, would deprive the slave
holding states of any portion of the protec-
| ton which the measure recommended by
the President was intended to afford them.
On the contrary they believe all the pro-
lection intended may be afforded, according
ing to the views they take of the power OF
| Congress, without infringing on any pro-
vision Of the Constitution on one side, or
the reserved rights of the States on the
other.
The committee, with these preliminary
remarks, will now proceed to establish the
positions which they have assumed, begin
ming with the first that the passage of a
law would he a violation of an express pro-
vision of the Constitution.
In the discussion of this point, the COM
mittee do not deem it necessary to inquire
whether the right to pass such law can be
derived from the power to establish post
Offices and post roads, or from the trust
"of preserving the relation created by the
Constitution between the States" as suppo-
scd by the President. However ingenious
or plausible the arguments may be, 10y
which it may be attempted to derive the
| right from these, or any other sources, they
must fall short of their object The jealous
spirit of liberty which characterized our
ancestors, at the period when the constitu-
ton was adopted, forever closed the door
by which the right might he implied from
any of the granted powers, or any other
source, il there he any other. The com
mittee refer to the amended article of the
Constitution, which among other things,
provides that Congress shall pass no law
/ which shall abridge tile liberty of the press
"A provision which interposes, as will be
hereafter shown, an insupelable objection
TO the measure proposed by The President
That the true meaning of this provision
may be fully comprehended, rs hearing on
the point under consideration, it will be
necessary to recur briefly TO the history OF
the adoption of the constitution.
1t is well known that great opposition
was made to the adoption of the constitu'
ton. 1t was acknowledged on all sides al
the time, that the old confederation, from its
weakness, had failed, and that something
must be done TO save the country from an
archy and CONFUSION; yet, so high was The
spirit of liberty, so jealous were our ances
tors Of that day of power, that the utmos
efforts were necessary, under all the Their
existing pressure, 10 obtain the assent of the
States to the ratification of the constitution
Among the many objections 10 its adoption
none were more successfully urged thar
the absence in the instrument of those gen
eral provisions which experience had
shown to he necessary 10 guard the out
works of liberty, such rs the freedom o.
the press and of speech, the rights Of con
science, Of trial by jury, and others of like
character. 1t was the belief of those jeal-
Gus and watchiul guardians OF liberty, who
viewed the adoption ofthe constitution will
so much apprehension, that all those sacred
barriers, without some positive provision
To protect them, would, Ivy the power OF
construction, be undermined and Frustrated
So strong was this apprehension that II
was impossible 10 obtain ratification OF
the instrument in many Of the states, with
out accompanying it with the recommen.
daton TO incorporate in the constructor
various articles, as amendments, intended
10 remove this defect, and guard against the
danger apprehendcd, by placing these inn
porinnt rights beyond the possible en-