Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-14


can b. cancelled abuI-cd. restrained 81 modified
Is thc Couzrce by he Senate ~ House Of Rep
resenaiNes acting Ia nv capacity by the President,
CT lay department OF officer oi ihe United States,
/ except 40 ihasc Instance, n Wiich power g gwen
hy tie t,iBslIiuten Cor ila.e purposes aua thar
sm'us oiher gv,niia rights the liberty OF cor
science and ut the ptres cannot Re caneehtd,
abrlgcl restrained, or modified hy ans authority
81 ne Uuici States
Hero is 40 express and solemn Declaration hy the
Convention III the State hat ik,y ratified the Con-
suutou iH thr ssus, that 10 right 81 any tenonin-
zion can Re cancelled, algdrrd. rrs'ra.nei ~ md
ted, hy IA. Government OF the United States o.
aRy part 81 ~ except n ih1ss instances "a which
power is gwen b. lhr Constitution; and IN The
! sense. particularly, " ,fai. amorg ether essential
4 RIGHTS ibe ihc,tv of conscience and ifc dom If the
prcss cannot BE- cancelled, abridged restrained, or
modified, by ans authority n the United States
Nurds cosA not wei express, IN fuller or mare
! larclbc manner the understanding Ut the ConYen-
! ton that The liberty ~ conscience and lie Freedom
| Of thc press were s9saty ard completely exempted
! tom on Authority whaxvcr If the tmted States.
| Under 1Saayiety to guard more ctlcetuaiy thrse
rights against every pasjbe dangct the Convention.
lAcr uttylne TIE Constitution, rtocetdcd to prefix
/ 20 certain aUt ndmuUt~ lttta.4 A. ,tas, aecara-
lion of rights in which are Two articles providing,
the ono 1r the blguy " conscience, he Other Tor
The freedom oi spccrh and oi his press
Similar recommendation having proceeded from
number of other States and Congress as has
been s.cu. having IN Consequence thereof aud with
n y.cw 10 extend I've ground nf pubic confidence
proposed among olner doearatoFy and restrictive
causrs, clause expressly securing TIC liberty OF
conscience and u the press, and NrEsn having
eoacurcl ~ tie utlicatluus which made them q
part ui the Constitution, Il wall remain with eaa-
dl public To decide whchor i woad mol marx M
inconsistency AMI srsnrraey IT. an Indifference were
IL ,,,l .fll, tt, al al al
rights thc freedom OF the pfese asd 10 prece'
dent, therein which may be fatal 10 ihe ether The
',ee exercise of religion.
That tie prercdent established ty the violation on
the former Of these rights, may as "a alarmed ~
tbs resolution b. atal 70 ID. latter, appears 70 be
Icmouslrahc, bys comparison 81 Tie Yfoanas Oh
which tAeY tcepec;ivtly rest nnd rom The scope
OF rclso,ue by which tie p,wcf q ihe 'orhfr les
been sindcaled
FRI B,th or lhesc tights the Liberty Of CON
science and Of the pyess rest equally on ne orgtn"
al ground Of not being delegated by the Constllu-
ton, aud consequently withheld from NE Govern
mgnt AIRY construction, therefore, that would al
tack this original security for The one, must nave
the like effect co the other
Secondly They ore both equally secured ~ tAe
fuppidntenf ~ No Constitution BENG both lnch'
del III tic same nmentlmcnt made at the sumo TINE,
aal BY thc same authority. Any cnntrseeon @
Argument then, which would turn The aHehdneht
INTO grant or acknowledgment of power win res
pecl 10 tie press, might be equally sppaed to Inc
freedom OF religion.
Thirdly II il be admitted thnt he extent 81 W
Freedom ut ~. press occurred by Tie amendment
IS 10 he measured by he common law on this sub
ec the auc authority mRy hc resorlcd 70 10y 'he
standard which is 10 Tx tie extent Of the tree
exercise Of religion" II cannot be necessary to
say what tins STANDARD would be, whether the ecm-
moa Ia W b. taken solsy the unwrttcn, ~ ~ va
ned by the written law Of England
Fomthly. II the words and phrases IN The amend.
ncnt are Ga be considered as chosen with studied
discrimination, which Yields au arEimsnt Tor pow
er over the press, under The limitation Inst It's Iree-
dom be not abridged the same Argument results
from the same confederation, III powst over 1le
exercise of rclgion under tie Limitation that us
freedom be not atoblbdcd.
For II Congress may regulate Ae freedom I"
tho press, provided thoy DO not abruiRe IT, because
Il IS 3ad only they shall not abridse Il, ahd sno1
sad they shall make ~ law respecting II = Inc
analogy VI reasoning " conclusive mat Ih5k@Ss
may regulate and even abridre tle nee sxerciss Of
religion provided they do not proh'b1 q bs"use
il Is sad oniv they shall not poh'bI II; ans
MOI sad tAey shall make 40 aw Repeating or ~
law abridgml u.
The General Assembly were governes by Tie
eltarcst reason, then, in considering the " SoliVea
Acl," which leg.sl3tcs 90 the freedom oi We p1ss''
h1 ttlaUtHNiUB precedent ttaA Wag w 49, y 80
liberty 81 conscience md il viii he the duty o. a.
10 proportion as thcy yaus the security Of isr HttSF
otaAe abe alarm at every cncroachmtni on The I'f-
flrr.
sryEEru AID EIGHTH RIsoLsriss'.
The two concluding resolutions only remain 10
bc examined. They are 10 The words ioiS"ihg;
"Ihlt lha good people ldt Commonwealth
having ever lelt aud continuing 70 FEEL NE u1ai si'
cere affection for Their brcthreaPf Ne other S'a'c',
lhc trucst anxiety Tor establishing and pe'P'Ha"hg
thc union Of all, and the most acrupunus tdtHv 70
uat Consultation whch l. the dodge Of mutual
friendship. pad The instrument Of mutual happiness
ne General Assembly doth sormuy apfsa y me
like dispositions in thc ethet Siaiea, % commence
lhat they pli concur with tas Lomu'nweaIh N
declaring rs il does hereby declare, that sic 3eIs
aforesaid ore unconstitutional. ana HAT tAr nefcsas-
ny and proper measures w', BIZ taken by each 'oF
cooperating With tins State, 10 maintaining unm.
paired, Tive authorities, rights and liberties, reserved
10 'lic States respectively, Or 10 ihe people
That lhc Governor be desired TO transmit CT
py O. ihc foregoing resolutions 70 me executive
authority % each Of tic Jtaer States. with request
H1t tug same may BE- Communicated TO Inc LFgts-
huye thereof; and that copy b furnished 70 each
d, tho stuaiss and Representatives representing
tbs State 10 Che Congress Of iha Unaed Ssales'
The 1unes5 and regularity Of the course Oh pro-
ccedmg hete pursued have got protected i against
ohectDls even from sources too respectable 70 DC
dlsJegarleI.
Ii has been safi that Il beings ID the JUDICIARY
Of lue United States and not the stae LeS,Ha'
lures, TO declare the rsesuiug oi the ede5ai 0oH
sutut0n.
Bus d,ca-slion that proceedings OF lhe feuefA
Government are not warranted BY the IoleN'U"'n'
is g novelty neither among the czeos noF amofs
the Legislatures of The Sia,es Dol are I've citizens
or The LcgsIalareo Of Frsoia sIaeuar ~ me e%oF'F
pie OF 1t.
Nor can Che declarations Of either, whether aiiir-
ming or denying tbe constiutona.its Of measures
OF TIE Federal Government or whether made seIo'"
or ALTER Judicial decisions thereon, be deemed "a
~ POINT ol view, ASSUMPTION oil the oiace " lne