State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-06-07

State or Territory, with the intent to excite
the slaves in any of said States or Terrific
ries to insurrectlon, or domestic violence,
upon due conviction thereof, by Jury OF
the country in any of the district courts OF
the United States having cognizance there
of, he, she, or they, so offending, for each
and every offence, shall be fined in n sum
not less than s nor more than 8
or imprisoned for period not more than
months, and not less than months,
at the discretion of the cou,t before
whom such conviction shall have been
had"
"SEc. find be Il further enacted, That
nothing contained in the acts of Congress
which establish and regulate the Post Of
flee Department of the United States shall
be construed to protect any post master,
mail carrier, or other officer or agent of
said Department in knowingly publishing
or circulating in any of the slaveholding
States or Territories aforesaid, any incen-
diary handful, almanac, newspaper,pamph-
let, print, picture, painting, publication, the
circulation of whclh shall be prohibited by
the constitution or laws of that State Pro
uided, That such constitution or laws be
not, in that respect, incompatible with the
the constitution and laws of the United
States; and any postmaster mail carrier,
or other agent aforesaid, offending in the
premises, is declared TO he arnenabe to the
State laws and tribunals in the same man
ncr, and to the same cXtant, as any other
citizen or resident of the said State, not in
the service of the United States"
SEC. ind be 1t further enacted, That
any handful, almanac, newspaper, pamph-
let, print, picture, painting, or other paper
or document which shall have been, or
shall be, printed, uttered, or published, with
the intent to instgate or excite the slaves
of any of the said slaveholdng States or
Territories to instruction or domestic 1io-
lence, or which shall have maniiestly Il ten
dency thereto, shall be deemed and held to
be incendiGry, within the true intent and
meaning of this act"
Mr. Shields proceeded to address the
House at length upon the subject embraced
in his amendment.
He examined at length the compact bind
ing the States together, by which it was
seen that property in slaves could not be
interfcred with, either by the General Gov
crument, or by one State with another
But there was n power given to the Gencr
al Government, that OF regulating COM
nlcfCc among tlC several OIutCS, anu 10
establish post offices and post routes which
came within the provisions of his PROPOSE
ton.
Mr. Hall of Vermont said he concurred
with the gentleman that the subject of sla-
very was one over which the slaveholding
States alone respectively had power, and if
it had been shown that the States had cXer-
ted their power, and had failed, then he
would consider the gentleman's amend
ment. He held that Congress had no pow
or over the subject of slavery, but he also
held that it had no constitutional power to
restrict the productions of the press pass
ing through the mail. They could pre-
scribe the mode by which packages should
be conveyed, their postage and weight, but
the moment they took upon themselves the
power to examine into the character of
publications, to look into the sentiments
they contained, or the mode of expressing
them, and determine upon their tendency.
that moment they invaded the constitution.
They had no power to become, themselves
the censors, or to erect censorship of the
press. If the amendment should prevail,
it would be direct blow at the liberty of
the press, and would establish principle
which would give Congress the power
not only to abridge the liberty of the press,
but absolutely to undermine and destroy it,.
The amendment was then negatived,
without count.