State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-07-26


Bill when they knew that detection must
follow upon the heels of misrep presentation,
and the injury designed to be inflicted up
on the opposite party would recoil upon
themselves long before the period of any
important election. But admitting that in
every instance fraud upon the people was
intended, inexcusable as it certainly would
have been, the whole aggregate sin sinks
into insigniticance when compared with
the crime of the Editor of the Advocate
in attempting to soften down, almost to
comeliness, the features of this monstrous
Bill. The Advocate denies that the Bill
in question is unconstitutional, and further
says that 'if any State chooses to pass
sedition act or gag law it is no violation of
the Constitution of the United States be-
cause the constitution of the United States
does not restrict the States from making
laws abrdging the freedom of the press,
but merely says, that Congress shall pass
no such law Of course every State in
the Union, if they do not see fit to impose
any express restrictions in their own State
constitutions, may pass laws prohibiting
the publication and circulation of Jackson
newspapers; they may establish particular
form of religion, and prescribe with inquis
itorial rancor, all others; they may deprive
of the right of suffrage all who bold politi
cal opinions which the party in power may
see fit to designate MS incendary and dan
| gerous to the liberties of the country
such for instance as the practical doctrines
of the present administration party, and
hundred other things they may do, which
the most arbitrary governments in Europe
would not now dare to do, and the same
! time do no violence to any fundamental
law of this Republic. To what end, then,
was the far famed constitution of the Uni
ted States framed? What is it good for
! Will the Editor of the Advocate maintain
that laws such as these, which would u
mount to not mere inroad upon, but, an
actual prostraton of all liberty, are compat-
ible with republican form of government?
and does not the constitution of the United
States i'll express terms guarantee to every
State in this Union republican form of
government? This alone one would think
sufficient, not only to satisfy the doubts of
all dspassonate men but to silence even
quibblers themseves.'An express guaranty
of the freedom of speech and of the press,
I in the constitution of the United States
would have been mere supcrrogalion.T -
The constitution of the United States rests
upon certain great and generally acknowl-
edged principles. 1t is the superstructure
having these principles for its foundation.
ANY other foundation than the principles
comprised in the brief but comprehensive
declaration, that 'lite, liberty and the pur-
suit of happiness, are inalienable rights of
man. never did nor never can sustain re-
publican Institutions. Freedom OF speech
and of the press is an inherent and indie
feasible right, which though its abuse may
be punished by the verdict of a regularly
empanneled jury, never can he suspended
or abridged without sapping the foundation
of republican liberty. 1t may be compared
to the blood in the human body, whose inn
purties must be purged away without for
an instant suspendng its free circulation
1t is right absolutely essential to the con-
sttuton of a free people. 1t is one of
those primary rights, which the chole con
sttuton, and not one clause, was designed
= to fence round about and preserve nviolate
1t is the chief corner stone of civil liberty
1t is vital part of freedoms other parts
may receive injury without destroying the
fabric, but thrust here is fatal to the whole
A guaranty for its preservation not only
!, provides the constitution ard the form Of
government, but is written in the hearts o
D the people, and Entertained lcih the muscles
OF WCu UOuttS. u an tlllS lIlc HtWt VI tIt
: Editor of the Advocate will respond, though
his tongue may not To object, that the
constitution of the United States impose!
no restraint upon the enforcing laws by
the State authority abridghg the freedom
Of speech or of the press, because it con
= tains no clause in those precise terms, il
i mere paltry cavilng. 1t is saying tina
$ the Constitution and Congress of the Uni
L., 81, 4,
Z of the liberty of the people beyond the
District of Columbia, that, though Con
gress may not infringe upon the rights o
the people, it, with the constitution at il
back, is powerless in preventing others from
. doing so. To answer temporary purpose
y the Advocate it seems, would risk nflct
i ing permanent injury upon the free nsli
Z tutions ofour country. ltseeks TO persuade
n the people that Mr. Van Burens vote wa
e not given for bill directly violating all,
particular form of words in the constitution
9 hoping thus to divert their minds from tn
e fact that the geno al spirit of the writer
8 instrument is the only guage whereby tn
. precise measure of its language can be as
l. certalned, ana by calling their attention t
: the literal and more obvious import of par
y ticular passages, to Withdraw it from thos
u important principles which are interviews
throughout its texture. The Editor of tn
II Advocate lOGs an advocate Of negro einan
+ cipation, he is noO moving Earth, an
+ would move Heaven if he could, TO fin
- The whole of the third article in the amenC
j. ments to the Constitution of the Uuied States
O 1873 in which is to be found the clause prohbitn
% the passing Of any law abridgng the freedom
= speech or of the press by Congress, was evident
dictated BY the jealousy of the States fearing TN
d Congress might in evil hour attempt the oxercis
s. of powers to which the individual States made !
ls pretensons, and which, though clearly at varanc
Nj with the spirit Of the Constitution as il then stoo
~ and the established form Of government il WI
~ lhnnnht hest emhrnce tho nnnnrInnitN n IN